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^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. 

0        0 

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,  one  medical  director,  each  with  the  rank 
of  lieutenant  colonel ;  one  assistant  inspector  general, 
who  shall  be  paymaster  and  mustering  officer  for 
unattached  companies  of  such  brigade ;  one  assistant 
inspector  general  of  rifle  practice,  each  with  the  rank  of 
major ;  one  brigade  quartermaster,  one  engineer,  one 
judge  advocate,  one  provost  marshal,  and  two  aides-de- 
camp, each  with  the  rank  of  captain.  There  shall  also 
be  allowed  to  each  brigade  the  following  non-commis- 
sioned staff  officers,  viz.  :  one  brigade  sergeant  major, 
one  brigade  quartermaster  sergeant,  one  brigade  hospital 
steward,  one  brigade  provost  sergeant,  one  brigade  chief 
bugler,  one  brigade  color  sergeant,  two  brigade  sergeant 
clerks.     To  each  signal  corps  there  shall  be  one  first  lieu- 


Acts,  1893.  — Chap.  367.  1025 

tenant,  one  lirst  sergeant,  four  sergeants  and  twenty 
privates.  The  commissioned  officer  shall  receive  the 
same  pay  and  emoluments  as  a  first  lieutenant  of  cavalry. 
To  each  ambulance  corps  there  shall  be  one  lirst  lieu- 
tenant, three  sergeants,  four  corporals  and  eighteen 
privates.  The  commissioned  officer  shall  be  a  medical 
officer  and  receive  the  same  pay  and  emoluments  as  a  first 
lieutenant  of  cavalry.  The  ambulance  corps  shall  be 
instructed  in  such  manner  as  may  from  time  to  time  be 
prescribed  by  the  surgeon  general. 

Sectiox  26.     To  each  regiment  there  shall  be  one  col-  Field  and  staff 

"  otnc6r8.  6tc> 

onel,  one  lieutenant  colonel,  three  majors,  and  a  stafi",  to  regiment. 
consist  of  one  surgeon  with  the  rank  of  major,  one  adju- 
tant, one  quartermaster,  one  paymaster,  who  shall  be  the 
mustering  officer,  one  assistant  surgeon,  and  one  inspector 
of  ritle  practice,  each  with  the  rank  of  first  lieutenant,  and 
one  chaplain.  There  shall  also  be  a  non-commissioned 
staif,  as  follows  :  one  sergeant  major,  one  quartermaster 
sergeant,  one  paymaster  sergeant,  one  hospital  steward, 
one  drum  major,  one  chief  bugler ;  there  shall  also  be 
allowed  to  each  regiment  two  color  sergeants,  and  one 
orderly  to  rank  as  private,  and  sixteen  drummers,  to  be 
enlisted  and  mustered  as  drummers.  To  each  separate  Battalion  of 
battalion  of  cavalry  there  shall  be  one  major,  and  a  staff  "^"''^''"y- 
to  consist  of  one  surgeon,  with  the  rank  of  major,  one 
adjutant,  one  quartermaster,  one  paymaster,  who  shall  be 
the  mustering  officer,  one  inspector  of  rifle  practice  and 
one  assistant  surgeon,  one  veterinary  surgeon,  each  with 
the  rank  of  first  lieutenant,  and  one  chaplain.  There  shall 
also  be  a  non-commissioned  staff  as  follows  :  one  sergeant 
major,  one  quartermaster  sergeant,  one  hospital  steward, 
one  chief  bugler  and  two  guidon  sergeants.  To  each  sep-  Battalion  of 
arate  battalion  of  artillery  there  shall  be  one  major,  and  a  '*'^''  ^'^^' 
staff  to  consist  of  one  surgeon  with  the  rank  of  major,  one 
adjutant,  one  quartermaster,  one  paynlaster,  who  shall  be 
the  mustering  officer,  and  one  assistant  surgeon,  one  vet- 
erinary surgeon,  each  with  the  rank  of  first  lieutenant, 
and  one  chaplain,  and  whenever  a  vacancy  shall  occur  in 
the  position  of  assistant  surgeon  of  the  battalion  of  artil- 
lery or  the  battalion  of  cavalry,  the  office  of  said  assistant 
surgeon  shall  be  abolished.  There  shall  also  be  a  non- 
commissioned staff  as  follows  :  one  sergeant  major,  one 
quartermaster  sergeant,  one  hospital  steward,  one  chief 
bugler  and  two  guidon  sergeants. 


1026 


Acts,  1893.  — Chap.  367. 


Company  offi- 
cers, infantry. 


Cavalry. 


Battery  of  light 
artillery. 


Staff,  unat- 
tach€Kl  compa- 
nies. 


Cadets. 


Section  27.  To  each  company  of  infantry  there  shall 
be  one  captain,  one  first  lieutenant  and  one  second  lieu- 
tenant, one  first  sergeant,  four  sergeants,  six  corporals, 
one  bugler  and  not  more  than  forty-six  privates ;  and  the 
minimum  number  of  enlisted  men  shall  be  forty-one.  To 
each  company  of  cavalry  there  shall  be  one  captain,  one 
first  lieutenant,  one  second  lieutenant,  one  first  sergeant, 
one  quartermaster  sergeant,  five  sergeants,  seven  corpo- 
rals, two  buglers  and  not  more  than  sixty-one  privates; 
and  the  minimum  number  of  enlisted  men  shall  be  fifty- 
six.  To  each  battery  of  light  artillery  of  four  guns  there 
shall  be  one  captain,  two  first  lieutenants,  one  second  lieu- 
tenant, one  first  sergeant,  one  quartermaster  sergeant,  one 
stable  sergeant,  four  sergeants,  nine  corporals,  one  of 
whom  shall  be  the  guidon,  two  artificers,  two  buglers  and 
not  more  than  sixty-three  privates  ;  and  the  minimum  num- 
ber of  enlisted  men  shall  be  fifty-seven.  To  each  batter}^ 
of  more  than  four  guns  there  shall  be  for  each  additional 
gun,  one  sergeant,  two  corporals  and  not  more  than  six- 
teen nor  less  than  nine  privates  ;  for  each  additional  two 
guns  there  shall  be  one  additional  second  lieutenant.  To 
each  unattached  company  of  cavalry  or  battery  of  light 
artillery  there  shall  be  a  staff  to  consist  of  one  assistant 
surgeon  with  the  rank  of  first  lieutenant,  and  a  non-com- 
missioned staff  to  consist  of  one  hospital  steward. 

Section  28.  To  each  corps  of  cadets  there  shall  be 
one  lieutenant  colonel,  one  major,  and  a  stafi'  to  consist 
of  one  surgeon,  with  the  rank  of  major,  one  adjutant,  one 
quartermaster,  one  paymaster,  who  shall  be  the  mustering 
officer,  one  inspector  of  rifle  practice  and  one  assistant 
surgeon,  each  with  the  rank  of  first  lieutenant,  and  one 
chaplain.  There  shall  also  be  a  non-commissioned  staff 
as  follows  :  one  sergeant  major,  one  quartermaster  ser- 
geant, one  hospital  steward,  and  one  drum  major ;  and 
there  shall  be  such  numbers  of  line  officers,  not  to  exceed 
four  captains,  four  first  lieutenants  and  four  second  lieu- 
tenants, and  of  non-commissioned  officers,  musicians  and 
privates,  as  the  commander  in  chief  shall  deem  expedient. 
These  corps  of  cadets  shall  be  instructed,  armed  and 
equipped  as  the  commander  in  chief  shall  direct,  and  shall 
receive  the  same  compensation  and  allowances  as  separate 
battalions  of  infantry  ;  they  shall  remain  unattached,  sub- 
ject only  to  the  orders  of  the  commander  in  chief,  except 
in  case  of  precept,  as  provided  in  section  ninety-nine. 


Acts,  1893.  — Chap.  367.  1027 

Section  29.  The  officers  of  the  naval  brigade  shall  Navai brigade. 
consist  of  one  captain,  who  shall  be  chief  of  brigade,  and 
•\vhoso  rank  and  pay  shall  be  the  same  as  that  of  a  colonel 
of  infantry  ;  a  connnander,  whose  rank  and  pay  shall  be 
the  same  as  that  of  a  lieutenant  colonel  of  infantry,  and 
who  shall  be  chief  of  stafi"  and  executive  officer ;  and  a 
staff  to  consist  of  a  brigade  adjutant,  an  ordnance  officer, 
an  equipmcrrt  officer,  a  paymaster,  who  shall  be  the  mus- 
tering officer  for  the  brigade,  a  surgeon,  an  engineer,  a 
signal  officer  and  two  aids.  These  officers,  except  the 
signal  officer  and  two  aids,  shall  be  lieutenants  and  have 
rank  and  pay  corresponding  with  that  of  captains  of  in- 
fantry. The  signal  officer  and  aids  shall  be  lieutenants, 
junior  grade,  and  shall  have  the  same  rank  and  pay  as 
first  lieutenants  of  infantry.  There  shall  also  be  attached 
to  the  brigade  staff  the  following  petty  officers :  one 
master  at  arms,  who  shall  be  the  chief  petty  officer  of 
the  brigade,  and  shall  have  the  rank  and  pay  of  a  ser- 
geant major  of  infantry,  one  chief  gunner's  mate,  one 
equipment  yeoman,  one  paymaster's  yeoman,  one  apothe- 
cary, one  ship's  armorer,  two  torpedo  electricians,  four 
machinists,  one  chief  quartermaster,  one  coxswain,  and 
one  chief  bugler,  all  of  whom  shall  have  the  same  rank 
and  pay  as  non-commissioned  stafi'  of  infantry.  To  each 
battalion  of  the  naval  brigade  there  shall  be  one  lieutenant 
commander,  who  shall  be  chief  of  battalion,  whose  rank 
and  pay  shall  be  the  same  as  that  of  a  major  of  infantry, 
and  a  staff  consisting  of  one  battalion  adjutant,  and  one 
assistant  surgeon,  who  shall  have  the  rank  of  lieutenant, 
junior  grade,  with  the  corresponding  rank  and  pay  of 
first  lieutenants  of  infantry.  There  shall  also  be  attached 
to  the  staff  of  each  battalion  the  following  petty  officers  : 
one  chief  boatswain's  mnte,  one  paymaster's  yeoman,  one 
apothecary,  one  electrician,  one  chief  quartermaster,  and 
one  bugler,  all  of  whom  shall  have  the  same  rank  as  first 
sergeants  of  infantry.  To  each  company  of  the  naval 
brigade  there  shall  be  one  lieutenant,  who  shall  be  chief 
of  company  ;  two  lieutenants,  junior  grade,  and  two  en- 
signs, who  shall  correspond  in  rank  and  pay  with  captains 
and  first  and  second  lieutenants  of  infantry,  respectively ; 
two  boatswain's  mates,  two  gunner's  mates,  two  quarter- 
masters, two  coxswains,  one  bugler  and  forty-four  sea- 
men, and  the  minimum  number  of  enlisted  men  shall  be 
forty-one.     Boatswain's   mates   and  gunner's  mates  shall 


1028 


Acts,  1893.  — Chap.  3G7. 


MusiciaDs. 


Disbandment. 


Eligibility  to 
election  or 
appointment. 


Commissioned 
officers  to  take 
rank  according 
to  date  of  com- 
missions, etc. 


rank  with  sergeants,  and  coxswains  and  quartermasters 
with  corporals  of  infantry.  The  seamen  shall  receive  the 
same  pay  as  enlisted  men  in  companies  of  infantry.  The 
duty  may  be  performed  atloat. 

Sectiox  3(3.  The  commander  of  a  regiment  of  in- 
fantry, battalion  of  artillery  or  cavalry,  corps  of  cadets, 
the  naval  brigade,  or  unattached  company,  may  employ 
or  raise  by  enlistment,  a  band  of  musicians,  not  to  exceed 
twenty-four  in  number,  to  be  under  his  direction  and 
command.  Such  musicians  while  on  duty,  shall  be  sub- 
ject to  all  the  laws  and  regulations  for  the  government  of 
the  militia,  except  that  they  need  not  be  mustered  in  as 
prescribed  for  enlisted  men. 

Sectiox  31.  The  commander  in  chief  may  at  any  time 
disband  any  company  of  the  volunteer  militia  when  it 
falls  below  the  proper  standard  of  elficiency. 

Section  32.  No  person  shall  be  eligible  to  election  or 
appointment  to  office  in  the  militia  of  this  Commonwealth 
who  is  not  a  male  citizen  of  the  United  States,  of  eighteen 
years  of  age  or  upwards,  resident  in  this  state,  or  who  is 
disqualified  by  law  from  enrolment  in  the  militia  ;  but  no 
citizen  otherwise  qualified  shall  be  ineligible  to  office  in 
the  militia  from  not  having  been  enrolled  therein.  No 
person  shall  be  eligible  to  military  office  who  is  under 
sentence  of  disability  to  hold  office  or  command,  or  of 
suspension  from  command  in  the  military  forces  of  the 
United  States  or  of  any  state.  No  citizen  of  the  Com- 
monwealth above  the  age  of  forty-five  years  shall,  on 
account  of  such  age,  be  ineligible  to  office  in  the  militia, 
nor  incapable  of  serving  in  a  volunteer  company. 

Section  33.  Commissioned  officers  shall  take  rank 
according  to  the  date  of  their  commissions.  Between 
officers  of  the  same  grade  and  date  of  appointment  or 
commission,  relative  rank  shall  be  determined  by  lot. 
The  day  of  the  appointment  or  election  of  an  officer  shall 
be  expressed  in  his  commission,  and  considered  as  the  date 
thereof.  When  an  officer  is  continued  by  appointment  or 
election  from  one  office  to  another,  or  appointed,  elected 
or  transferred  by  appointment  or  election  from  one  organ- 
ization to  another  in  the  militia,  without  loss  of  jxrade  or 
continuous  service,  he  shall  take  rank  in  his  grade  accord- 
ing to  the  date  of  his  original  commission  therein,  and  a 
statement  showing  that  date  shall  be  made  in  his  new 
commission. 


Acts,  1893.— Chap.  367.  1029 

Section  34.  All  staff  officers  of  the  militia  shall  be  Appointment  of 
appointed  as  hereinafter  provided,  and  commissioned  by  *'""  °^'^'^'''^- 
the  commander  in  chief,  on  the  request  of  the  several 
appointing  ofticers,  provided  that  such  appointees  be 
eligii)le  ;  and  no  judge  advocate  shall  be  connnissioned 
unless  he  be  a  justice  of  the  peace  and  a  men^ber  of  the 
jNIassachusetts  bar.  The  staff  of  the  commander  in  chief 
shall  be  appointed  by  him  ;  the  staff  of  a  brigade,  by  the 
brigadier  general  commanding ;  the  staff  of  a  regiment 
of  infantry,  battalion  of  artillery,  cavalry,  corps  of  cadets, 
the  naval  brigade,  or  unattached  company,  by  the  perma- 
nent commander  thereof;  the  officers  of  signal  and  ambu- 
lance corps,  by  the  brigadier  general  commanding. 

Section  35.     The  officers  of  the  line  of  the  mititia  shall  Election  of  une 

oilicers. 

be  elected  as  follows  :  Brigadier  generals,  l)y  the  written 
votes  of  the  field  officers  of  the  respective  brigades.  Field 
officers  of  regiments  of  infantry,  battalions  of  artillery  and 
cavalry  and  corps  of  cadets,  by  the  written  votes  of  the 
captains  and  lieutenants  of  the  several  companies  of  the 
respective  regiments,  separate  battalions  or  corps.  Cap- 
tains, commander  and  lieutenant  commanders  of  the  naval 
brigade,  by  the  written  votes  of  the  company  officers  of 
the  brigade..  Lieutenants,  lieutenants  junior  grade  and 
ensigns  of  companies,  by  the  written  votes  of  the  enlisted 
men  of  their  respective  companies.  Captains  and  lieuten- 
ants of  companies,  by  the  written  votes  of  the  enlisted 
men  of  the  respective  companies,  except  that  in  the  corps 
of  cadets,  captains  and  lieutenants  shall  be  elected  by  the 
written  votes  of  the  enlisted  men  of  the  respective  corps. 

Section  36.     Elections  of  brigadier  generals  shall  be  orders  for 
ordered  by  the  commander  in  chief.     Elections  of  other  '^''^'^^'°"*- 
officers  of  the  militia  shall  be  ordered  either  by  the  com- 
mander in  chief  or  by  such  officers  as  he  may  authorize. 

Section  37.     No  election  of  officers  shall  be  ordered  order  for  eiec 

tion  of  com- 

in  any  company  unless  there  shall  be  actually  enlisted  and  pany officers. 
mustered  therein  at  least  the  minimum  number  of  enlisted 
men  prescribed  in  section  twenty-eight. 

Section  38.  Vacancies  in  the  grades  of  company  officers  vacancies. 
shall  be  tilled  and  the  officers  elect  commissioned  before 
any  choice  is  made  of  field  officers  for  the  respective 
organizations  ;  and  every  vacancy  in  the  grade  of  field 
officer  shall  be  filled  in  each  brigade  before  any  choice  is 
made  of  brigadier  general  in  that  brigade. 

Section  39.     Elections  shall  be  held  at  the  places  most  P/acesfor 

..,.,,  ^  electiona. 

convenient  tor  the  majority  oi  the  electors. 


1030 


Acts,  1893.  — Chap.  367. 


Notices  for 
electionB. 


Presiding  offi- 
cers ateleclioDB 


Election  rec- 
ord, return 
and  notidcation, 


Eligibility  of 
otlicer  dis- 
ciiarged. 


Presiding  offi- 
cer to  be  fur- 
nished with 
certified  roster. 


Majority  of 
electors  to  be 
present,  etc. 

Adjournment. 


Report  on  fail- 
ure to  elect. 


Election  by  a 
majority  vote, 
etc. 


Acceptance, 
etc.,  within 
three  days. 


Section  40.  No  notice  for  an  election  shall  be  legal 
unless  given  to  each  elector  at  least  four  days  previous  to 
the  time  of  the  meeting,  either  verbally  or  by  delivery  to 
him  in  person,  or  leaving  at  his  usual  place  of  business  or 
abode,  the  order  for  such  election. 

Sectioj<*  41.  Officers  ordering  elections  may  preside, 
or  detail  some  officer  of  suitable  rank  to  preside  ;  an  officer 
of  the  rank  of  captain  may  preside  at  the  election  of  an 
officer  of  equal  or  inferior  grade  ;  but  no  candidate  for  the 
vacancy  shall  preside  at  the  election,  except  to  adjourn 
the  meeting  if  no  proper  officer  appears  to  preside. 

Section  42.  At  all  elections  the  presiding  officer  shall 
keep  a  record  of  the  proceedings  and  shall  make  a  certified 
return  of  the  election,  or  of  neglect  or  refusal  to  elect, 
within  six  days  thereafter,  to  the  adjutant  general,  through 
the  proper  military  channel,  for  the  information  of  the 
commander  in  chief;  and  the  officer  elect  shall,  provided 
he  be  eligible  and  accepts  as  provided  in  section  forty- 
eight,  thereupon  be  commissioned  and  notified  to  appear 
before  the  examining  board  provided  in  section  fifty-three, 
and  any  commissioned  officer  who  has  been  discharged 
under  the  provisions  of  section  fifty-three  of  this  act, 
shall  not  be  eligible  for  election  or  appointment  to  a  com- 
mission within  six  months  after  such  discharge. 

Section  43.  A  certitied  roster  of  the  brigade,  regi- 
ment, battalion,  corps  of  cadets,  or  naval  brigade,  or  a 
certified  roll  of  the  company  or  companies,  as  the  case 
may  be,  shall  be  furnished  to  the  presiding  officer  previous 
to  an  election. 

Section  44.  No  election  shall  be  held  unless  a  majority 
of  the  electors  are  present  and  voting. 

Section  45.  Elections  may  be  adjourned  not  exceeding 
twice,  and  each  adjournment  for  a  period  not  exceeding 
two  days. 

Section  46.  If  there  is  no  quorum,  or  the  electors 
present  fail  from  any  cause  to  elect  and  the  meeting  is 
adjourned,  the  presiding  officer  shall  report  the  facts  in 
writing  to  the  adjutant  general. 

Section  47.  The  person  who  has  a  majority  of  the 
written  votes  of  the  electors  present  at  a  meeting  duly 
notified  shall  be  deemed  elected,  and  the  presiding  officer 
shall  forthwith  notify  him  of  his  election. 

Section  48.  Every  person  elected  to  office  in  the 
militia  shall  within  three  days  declare,  in  writing  or  in 


Acts,  1893.  — Chap.  367.  1031 

person  to  the  officer  presiding  at  his  election,  his  accept- 
ance or  declination  of  such  office,  and  such  declaration 
shall  be  made  a  part  of  the  return  of  the  presiding  officer. 

Section  49.     If,  before  the  meeting  for  the  election  of  upon  refusal  io 

.  '  f^  ...  .   ,  accept  at  meet- 

anv  officer  is  dissolved,  the  iierson  chosen  sisnines  either  lug, another 

..  .,1  •!■  /r»"^'i'  /•!    election  to  be 

in  person  or  in  writing  to  the  presidmg  officer  his  retusal  had,  etc. 
to  accept,  the  same  shall  be  recorded  and  made  part  of  the 
return,  and  the  electors  shall  proceed  to  another  election. 

Section  50.     When  an  officer  holding  a  military  com-  Acceptance  of 
mission  is  elected  or  appointed  to  another  office  in  the  vaclt"  office 
militia,  and  accepts  the  same,  such  acceptance  shall  vacate  vr^j^omiy  htid, 
the   office  previously  held,   for  the   purpose  of  election  ; 
but  such  officer  shall  continue  to  serve  until  his  successor 
is  qualified  in  his  stead,  if  ordered  so  to  do  by  his  regimen- 
tal or  battalion  commander  or  by  the  commander  in  chief. 

Section  51.     When  the  electors  neglect  or  refuse  to  Appointment 
elect  to  fill  a  vacancy  the  commander  in  chief  shall,  except  refusauom'i^'^ 
as  provided  in  the  following  section,  appoint  a  suitable  ^*'=^°''y- 
person. 

Section  52.      If    a    company   without    commissioned  company  with. 

I         ^  out  officers 

officers    has    been   twice    ordered    to    elect    officers    and  refusing  to  elect 
neglects  or  refuses  to  elect  at   least  one  of  such  officers,  banded. 
the  company  may  be  forthwith  disbanded  by  the  com- 
mander in  chief. 

Section  53.     Every  commissioned  officer,   except  the  Examining 
staff  officers  of  the  commander  in  chief,  medical  officers  officer's  elect, 
and  chaplains  shall,  upon  being  notified  as  provided  in  quaufication', 
section  forty-two,  appear  before  an  examining  board,  to  cenitication, 
consist  of  the  permanent  commanders  of  brigades,  regi- 
ments of  infantry,  battalions  of  artillery  and  cavalry,  the 
naval  brigade  and  corps  of  cadets.     The  board  shall  ex- 
amine the  said  officer  as  to  his  military,  moral  and  general 
qualifications,  and  administer  to  him  the  oaths   as   pre- 
scribed in    section    fifty-four.     If  in   their   opinion   such 
officer    is    competent,  the    fact    shall   be   certified   to   the 
commander  in  chief,  who  shall  issue  his  order  announcing 
the    result  of  such  examination.      Medical   officers  shall 
appear   before  an   examining  board,  to  consist  of  three 
medical  officers,  which  board  shall  certify  to  the  compe- 
tency of  such  officer  and  administer  the  oath  as  prescrilied 
for  other  commissioned  officers.     Any  officer  who  fails  to  officer  who  fails 

!/•  j_ii  !/•  •  •ji'/'ii  to  pass  examina- 

appear  before  the  board  of  examiners  within  forty  days  tion,  to  be  di&. 
from  the  date  of  his  election  or  appointment,  or  who  fails  enHst!'*' ™*^ 
to  pass  a  satisfactory  examination  before  said  board,  shall 


1032 


Acts,  1893.  — Chap.  367. 


Not  eligible  for 
election  or 
appointment  for 
sis  months. 


Officer  resigning 
may  enlist  to 
secure  continu- 
ous service. 


Oaths  of  office. 


be  forthwith  discharged  by  the  commander  in  chief;  but 
any  such  officer  shall  have  the  privilege  of  enlisting  to 
secure  continuous  service,  in  which  case  his  enlistment 
shall  date  from  the  day  of  his  election  to  the  office  for 
which  he  failed  to  pass  a  satisfactory  examination  before 
the  board  of  examiners,  as  provided  in  this  section,  pro- 
vided he  so  enlists  within  thirty  days  from  the  date  of  his 
discharge  from  the  office  to  which  he  was  elected.  Any 
commissioned  officer  who  has  been  discharged  by  reason 
of  his  failure  to  pa-s  a  satisfactory  examination  before  the 
board  of  examiners,  under  the  provisions  of  this  section, 
shall  not  be  eligible  for  election  or  appointment  to  a  com- 
mission within  six  months  after  such  discharge.  And  any 
officer  resigning  his  commission  shall  have  the  privilege 
of  enlisting  to  secure  continuous  service,  in  which  case 
his  enlistment  shall  date  from  the  day  of  his  resignation, 
provided  he  is  mustered  within  thirty  daj^s  from  the  date 
of  his  resignation. 

Section  54.  Every  commissioned  officer,  before  he 
enters  upon  the  duties  of  his  office  or  exercises  any  com- 
mand, shall  take  and  subscribe  the  following  oaths  and 
declarations  :  — 


Qualifying 
officers. 


Certificate  of 
qualification. 


I,  A.  B.,  do  solemnly  swear  that  I  will  bear  true  faith  and  allegiance 
to  the  Commonwealth  of  Massat^hiisetts,  and  will  su2:)port  the  consti- 
tution thereof.     So  help  me,  God. 

r,  A.  B.,  do  solemnly  swear  that  I  will  obey  the  lawful  orders  of 
all  my  superior  officers. 

I,  A  B.,  do  solemnly  swear  and  affirm  that  I  will  faithfully  and 
impartially  dischai'ge  and  perform  all  the  duties  incumbent  on  me 
as  ,  according  to  the  best  of  my  abilities  and  under- 

standing, agrecaV)ly  to  the  rules  and  regulations  of  the  constitution 
and  the  laws  of  the  Commonwealth.     So  help  me,  God. 

I,  A.  B.,  do  solemnly  swear  that  I  will  support  the  constitution  of 
the  United  States.     So  help  me,  God. 

All  officers  shall  take  and  subscribe  such  oaths  before  the 
examining  boards  provided  by  section  fifty-three,  except 
the  staff  officers  of  the  commander  in  chief,  who  may 
take  such  oaths  before  any  competent  authority  ;  and  on 
the  back  of  every  commission  the  following  certificate 
shall  be  printed  and  signed  by  the  person  before  whom 
such  officer  is  qualified  :  — 

This  ma}'  certif}'  that  A.  B.,  commissioned  as  within  on  this 
day  of  ,  A.  D.  ,  personal)}-  appeared  and 

took  and  subscribed  the  oaths  required  by  the  constitution  and  laws 
of  this  Commonwealth  and  a  law  of  the  United  States.'to  qualify  him 
to  discharge  the  duties  of  his  office. 

Before  me, 


Acts,  1893.  — Chap.  367.  1033 

Any  commissioned  officer  in  the  militia  service  on  or  Certain officprs 
after  the  first  day  of  May  in  the  year  eighteen  hunch-ed  '"''y  ^« '•«^»'^''- 
and  ninety-three,  who  shall  have  served  as  snch  in  the 
active  militia  of  this  state  for  the  continuous  period  of  ten 
years,  may,  upon  his  own  application,  bo  placed  upon  the 
retired  list  and  with  the  rank  held  by  him  at  the  time  such 
application  is  made.  At  the  discretion  of  the  commander 
in  chief  he  may  be  retired  with  increased  rank.  Retired 
officers  may,  on  occasions  of  ceremony,  wear  the  uniform 
of  their  retired  rank. 

Section  55.      Non-commissioned  staff  officers  of  bri-  iNTon.commis- 

■j  .  .  «...       .  ,  ,.  „  ...  sioned  oflicers, 

gades,  regnnents  or  infantry,  l)attalions  or  artillery  or  appointmeut. 
cavalry,  the  naval  brigade,  corps  of  cadets  and  unattached 
companies  shall  be  appointed  by  their  respective  perma- 
nent commanders  ;  and  such  commanders  of  regiments  of 
infantry,  battalions  of  artillery  or  cavalry,  the  naval  bri- 
gade and  naval  battalions,  and  corps  of  cadets  shall  ap- 
point the  non-commissioned  officers  of  companies,  upon 
the  written  nomination  of  the  respective  captains ;  but 
they  may  W'ithhold  such  appointment  if  in  their  judgment 
there  be  proper  cause.  Non-commissioned  officers  of  the 
signal  and  aml)ulance  corps  shall  l)e  appointed  by  their 
respective  brigadier  generals  commanding,  upon  the  writ- 
ten nomination  of  the  lieutenants  commandino;  such  siirnal 
or  ambulance  corps,  but  they  may  withhold  such  appoint- 
ment if  in  their  judgment  there  be  proper  cause.  Non- 
commissioned officers  of  unattached  companies  shall  be 
appointed  by  their  respective  captains.  The  color  ser- 
geants, chief  bugler  and  drummers  of  infantry,  and 
orderly  shall  be  appointed  by  regimental  commanders. 
Non-commissioned  officers  of  the  signal  and  ambulance 
corps  may  be  reduced  to  the  ranks  by  the  permanent  bri- 
gade commander.  The  permanent  commander  of  any  Reduction  to 
regiment  of  infantry,  battalion  of  artillery  or  cavalry,  **"''''"''*■ 
the  naval  brigade,  corps  of  cadets  or  unattached  company 
may  reduce  to  the  ranks  any  company  non-commissioned 
officer  of  his  command.  Permanent  commanders  of  bri- 
gades, regiments,  l)attalions  of  artillery  and  cavalry,  the 
naval  brigade  and  of  cadet  corps  may  reduce  to  the  ranks 
non-commissioned  staff  officers  of  their  corps.  Company 
non-commissioned  officers  may  be  reduced  to  the  ranks 
by  sentence  of  court-martial,  as  prescribed  in  section  one 
hundred  and  thirty-eight. 


1034: 


Acts,  1893.  — Chap.  367. 


Enlistment  and 
muster  in  of 
fcoldiers. 


Privates. 


Rpcruiting 
officers. 


Additional 
recruits. 


Enlistment  roll. 


Section  56.  Every  person  enlisting  in  the  volunteer 
militia  shall  be  mustered  into  the  service  of  the  Common- 
wealth for  a  term  of  three  years  :  provided,  that  any 
soldier  who  has  received  an  honorable  discharge  from  the 
Massachusetts  volunteer  militia,  by  reason  of  the  expira- 
tion of  his  term  of  service,  may  be  reenlisted  and  mustered 
in  for  a  term  of  one,  two  or  three  years,  as  he  may  elect. 
All  terms  of  service,  except  in  cases  of  reenlistment, 
shall  commence  at  noon  on  the  date  of  enlistment,  if  the 
enlisted  man  is  mustered  in  within  thirty  days  after  his 
enlistment.  When  a  soldier  reenlists,  and  is  mustered 
into  service  within  thirty  days  from  the  expiration  of  his 
previous  term,  his  term  of  service  shall  be  considered  as 
unbroken,  and  his  continuous  service  shall  commence  at 
noon  of  the  day  of  such  expiration,  and  enlistments  and 
musters  shall  be  so  dated. 

Section  57.  All  soldiers,  except  non-commissioned 
staff  officers,  shall  be  enlisted  and  mustered  in  as  pri- 
vates. 

Section  58.  The  commanding  officers  of  brigades, 
regiments  of  infantry  and  battalions  of  artillery  and 
cavalry,  the  naval  brigade  and  battalions  shall  be  the 
recruiting  officers  for  their  respective  non-commissioned 
staffs,  the  commanding  officers  of  corps  of  cadets  for  their 
respective  corps,  and  such  persons  as  the  commander  in 
chief  may  appoint  for  new  companies  under  section 
twenty-four,  until  a  captain  shall  have  been  elected  or 
appointed  to  such  company.  Colonels  of  regiments  shall 
be  the  recruiting:  officers  for  two  color  sergeants,  one 
orderly  and  sixteen  drummers  for  their  respective  com- 
mands. Company  commanders  and  chiefs  of  naval  brigade 
companies  and  of  signal  and  ambulance  corps  shall  be  the 
recruitino;  officers  for  their  commands,  and  in  case  of 
vacancy  the  commanding  officer  of  regiments  and  battal- 
ions may  order  some  officer  to  ])erform  that  duty  until 
such  vacancy  is  filled.  Recruiting  officers  may  enroll 
applicants  for  enlistment  above  the  maximum  allowed  by  . 
law,  not  to  exceed  fifteen  in  number  in  each  company, 
and  such  applicants  may  be  instructed  and  drilled  as 
recruits,  and  in  the  discretion  of  the  recruiting  officer 
shall  be  preferred  for  enlistment  as  vacancies  may  occur. 

Section  59.  Every  person  recruited  for  the  Massa- 
chusetts volunteer  militia  shall  sign  an  enlistment  roll,  in 
form  as  follows  :  — 


Acts,  1893.  — Chap.  367.  1035 

T,  whose  sio^nature  is  hereunto  afllxed,  do  hereby  enlist,  or  reenlist, 
as  the  case  may  be,  in  (eonipany,  battalion  or  reg'inient  or  corps, 
etc.,)  of  the  Massacliusetts  volunteer  militia  for  the  term  set  ajjainst 
my  name,  sulijeet  to  all  laws  and  regulations  which  ma\^  govern  tlie 
same;  and  I  do  declare  tiiat  I  know  of  no  impediment  to  my  serving 
honestly  and  faithfully  as  a  soldier  for  the  term  of  my  enlistment. 

Sectiox  60.     As  soon  as  practicable,   and   not  more  Oathtobend- 

ji  ji   •    J         1  f  1  !•    J  1      l^  IT  I      11   1         minisleri'fl  by 

than  thirty  days  alter  such  enlistment,  the  soldier  shall  be  musteiiug 
mustered  in   by   a   competent   mustering    officer,    before 
whom  he  shall  make  oath  as  follows  :  — 


officer. 


T,  ,  do  solemnly  swear  that  I  will  bear  true  faith  and 

alle^ance  to  the  Commonwealth  of  Massachusetts,  and  will  support 
the  constitution  thereof;  and  I  do  also  solemnly  swear  that  1  will 
faithfully  observe  and  obey  all  laws  and  regulations  for  the  govern- 
ment  of  the  volunteer  nnlitia  of  said  Commonwealth,  and  the  orders 
of  all  oiBcers  elected  or  appointed  over  me.  I  do  also  solemnly 
swear  that  I  will  support  the  Constitution  of  the  United  States.  So 
help  me,  God. 

Sworn  to  before  me, 

,    Mustermg  Officer. 

And  no  enlisted  man  shall  be  held  to  duty  in  the  vol- 
unteer militia  or  receive  any  compensation  or  allowance 
until  he  is  so  mustered  in.  In  case  a  soldier  reenlist-  soidier leen. 
ing  is  absent  from  the  state,  or  at  such  a  distance  from  his  the'stlt'e'et'c. 
command  that  he  cannot  be  mustered,  as  prescribed  in 
section  fifty-six,  by  the  mustering  ofiicer  of  his  regiment 
of  infantry,  battalion  of  artillery  or  cavalry,  the  naval 
brigade  or  corps  of  cadets,  he  may,  with  the  approval  of 
his  proper  commanding  oflScer,  to  secure  continuous  ser- 
vice, take  the  oath  of  muster  before  a  notary  public. 
United  States  commissioner  of  any  state,  or  United  States 
consul  if  abroad. 

Section  61.     The  commanding  officer  of  any  regiment  Mustorinof 
of  infantry  or  battalion  of  artillery  or  cavalry,  the  naval  may*befor!°°^ 
brigade  and  corps  of  cadets,  may  forbid  the  muster  in  of  ^"*'^*^°" 
any  person  enlisted  when  in  his  judgment  the  person  so 
enlisted  is  unfit  to  be  a  member  of  the  volunteer  militia. 

Section  62.     No  soldier  whose  term  of  service  remains  Not  to  enlist  in 
unexpired   in   one    organization    shall    enlist   in   another  11^8°'^^'*° ''*' 
organization  of  the  volunteer  militia. 

Section  63.     An  officer  may  be  discharged  by  order  Discharge  of 
of  the  commander  in  chief,  upon  either  an  address  of  both  ° 
houses  of  the  legislature  ;  upon  the  request  of  the  com- 
mander of  any  brigade,  regiment  of  infantry,  the  naval 
brigade  or  battalions  of  artillery  or  cavalry,    corps  of 


103G 


Acts,  1893.  — Chap.  367. 


Upon  failure  to 
pass  examina- 
tion. 


Upon  resigna- 
tion, disband- 
ment,  etc. 


DismiBsal  for 
crime;  sentence 
of  court-martial. 


Certificate  of 
discharge. 


Discharge  of 
enlisted  men. 


cadets  or  company,  after  a  full  and  impartial  hearing 
before  the  commander  in  chief  or  the  judge  advocate 
general  or  a  court  of  inquiry,  for  cause  shown ;  or  the 
sentence  of  a  court-martial. 

Section  64.  An  officer  who  fails  to  pass  the  board  of 
examiners  or  fails  to  appear  before  said  board,  as  provided 
in  section  fifty-three  of  this  act,  and  any  officer  who  may 
at  any  time  be  ordered  before  said  board  of  examiners, 
and  who  fails  to  pass,  shall  be  discharged  by  the  com- 
mander in  chief. 

Section  65.  An  officer  may  be  honorably  discharged 
by  the  commander  in  chief,  upon  removal  of  residence 
from  the  state  ;  upon  tender  of  resignation  ;  upon  the  dis- 
bandment  of  the  organization  to  which  he  belongs  ;  or,  if 
a  staff  officer,  on  the  written  request  of  the  officer  appoint- 
ing him  ;  or  upon  the  qualification  of  his  appointed  suc- 
cessor ;  or  when  he  accepts  an  appointment  in  the  army 
or  navy  of  the  United  States ;  or  for  the  purpose  of 
reorganization  of  the  militia  or  any  part  thereof,  upon  the 
recommendation  of  a  board  of  officers  appointed  for  that 
purpose. 

Section  6G.  An  officer  may  be  dismissed  by  the  com- 
mander in  chief,  when  it  appears  to  him  that  such  officer 
has  been  convicted  of  any  crime,  or  has  been  dishonor- 
ably discharged  or  dismissed  from  the  service  of  the 
United  States,  or  from  the  militia  of  this  or  any  state ;  or 
to  carry  out  the  sentence  of  court-martial. 

Section  67.  All  officers  discharged  from  the  service 
of  the  state  shall  be  entitled  to  receive  a  certificate  of 
such  discharge,  in  such  form  as  the  commander  in  chief 
shall  direct. 

Section  68.  No  enlisted  man  shall  be  discharged 
before  the  expiration  of  his  term  of  service,  except  by 
order  of  the  commander  in  chief,  and  for  the  following 
reasons :  To  accept  promotion  by  commission ;  upon 
removal  of  residence  from  the  state,  or  out  of  the  bounds 
of  the  command  to  which  he  belongs  to  so  great  a  distance 
that,  in  the  opinion  of  his  commanding  officer,  he  cannot 
properly  perform  his  military  duty;  upon  disability, 
established  by  certificate  of  a  medical  officer ;  upon  con- 
viction of  a  felony  in  a  civil  court ;  when  in  the  opinion 
of  the  commander  in  chief  the  interests  of  the  service 
demand  such  discharge  ;  to  carry  out  the  sentence  of  a 
court-martial ;  upon  application  of  his  company  com- 
mander, approved  by  superior  commanders. 


Acts,  1893.  — Chap.  367.  1037 

Section  60.      Dishonorable  discharges,  or  discharges  Dit-honorabie 
in  such  form  as  to  forbid  reenlistment,  shall  be  given  only    '"'^  ^'ge,  ec. 
in  accordance  with  sentences  of  courts-martial,  or  whenever 
the  commander  in  chief  approves.     The  "  no  ol)jection  to 
reenlistment "  clause  may  be  erased  in  the  certificate  of 
discharge,  by  orders  of  the  commander  in  chief. 

Section  70.  Every  soldier  discharged  from  the  ser-  Certificates  of 
vice  of  the  Commonwealth  shall  be  furnished  with  a  '^'^  ^'^^^' 
certificate  of  such  discharge,  which  shall  state  clearly  the 
reason  therefor;  but  an  honorable  discharge  certificate 
shall  not  be  given  unless  the  soldier  has  complied  with 
the  by-laws  of  the  oi'ganization  of  which  he  was  a  mem- 
ber, and  has  cancelled  all  his  indebtedness  to  such 
organization. 

Section  71.     All  commissioned  oiEcers  shall  provide  uniforms, arms, 

.1  1  •,!  1  •/•  1  •  i        etc.,  of  conimis- 

themselves  with  such  uniforms,  arms  and  equipments,  sioned  officers. 
complete,  as  the  commander  in  chief  shall  from  time  to 
time  prescribe  ;  and  such  uniforms,  arms  and  equipments 
shall  l)e  free  from  all  suits,  distresses,  executions  or  sales 
for  debt  or  payment  of  taxes.  The  uniform  or  insignia 
of  rank  prescribed  for  the  officers  of  the  Massachusetts 
volunteer  militia  shall  be  worn  only  by  persons  entitled 
thereto,  by  commission  under  the  laws  of  this  Common- 
wealth or  of  the  United  States,  or  of  another  state  of  the 
United  States,  provided  any  honorably  discharged  officer 
may  wear,  upon  public  occasions,  the  uniform  and  insignia 
of  rank  to  which  his  commission  entitled  him  while  in 
service.  Any  person  violating  this  section  shall  be  liable  Penalty. 
to  a  tine  of  one  thousand  dollars,  on  complaint  of  any 
officer  of  the  militia. 

Section  72.  Every  organization  of  the  volunteer  uniforms. arms, 
militia  shall  be  provided,  at  the  expense  of  the  Common-  zLuouL"'"''"^ 
wealth,  with  such  uniforms,  arms,  equipments,  colors, 
musical  instruments,  books  of  instruction  and  of  record, 
camp  and  garrison  equipage  and  military  supplies,  as  may 
be  necessary  for  the  proper  training  and  instruction  of  the 
force,  and  for  a  proper  performance  of  the  duty  required 
under  this  chapter,  except  as  provided  in  the  preceding 
section.  Such  property  shall  be  issued  to  the  com- 
manders of  brigades,  regiments,  battalions,  corps  of 
cadets,  companies,  signal  and  ambulance  corps,  or  detach- 
ments, by  the  quartermaster  general,  upon  requisitions, 
in  such  form  as  may  be  prescribed  ;  but  in  time  of  peace 
no  uniforms,  arms,  equipments  or  military  supplies  shall 


1038 


Acts,  1893.  — Chap.  3G7. 


Uniforms  of 
the!  volunteer 
militia. 


State  uniforms, 
arms,  etc.,  for 
military  pur- 
poses only,  etc. 


Officers  to  make 
returns  of  mili- 
tary property. 


Military  prop- 
erty to  be  kept 
in  armories,  etc. 


Military  prop- 
erty issued  for 
use  to  be  imme- 
diatelyreturned, 
etc. 


Soldier  not  to 
wear  uniform 
except  upon 
duty,  etc. 


be  issued  to  or  for  the  use  of  any  company,  unless  the 
said  company  shall  hav^e  at  least  the  minimum  numljer  of 
enlisted  men  prescribed  by  law. 

Sectiox  73.  The  uniform  of  the  volunteer  militia 
shall  conform  as  nearly  as  practicable  to  that  of  the  regu- 
lar army  of  the  United  States  for  each  enlisted  man,  the 
style  of  which  shall  be  prescribed  by  the  commander  in 
chief,  and  uniforms  hereafter  provided  shall  be  substan- 
tially alike  for  each  arm  of  the  service.  No  uniforms, 
excepting  yearly  supplies  required,  shall  be  provided  by 
the  state  except  by  a  special  appropriation  for  that  pur- 
pose, in  which  case  the  purchase  shall  be  made  under 
such  inspection  as  the  commander  in  chief  may  direct. 

Section  74.  The  uniforms,  arms,  equipments  and 
other  property  so  furnished  shall  remain  and  continue  to 
be  the  property  of  the  Commonwealth,  to  be  used  for 
military  purposes  only ;  and  such  as  have  not  been  prop- 
erly expended  in  such  use  shall  be  returned  when  ordered 
by  the  quartermaster  general. 

Section  75.  Every  officer  receiving  public  property 
for  military  use  shall,  on  the  tirst  day  of  July  and  Decem- 
ber in  each  year,  make  a  full  return,  of  all  such  property 
for  which  he  is  accountable,  in  such  form  as  may  be  pre- 
scribed, and  shall  forward  the  same  to  the  quartermaster 
general  within  fifteen  days  of  such  dates. 

Section  76.  All  arms,  equipments  and  military  prop- 
erty of  every  description  which  shall  be  furnished  to  the 
several  commands  under  the  provisions  hereof  shall  be 
deposited  in  the  armories  or  headquarters  of  said  com- 
mands for  safe  keeping. 

Section  77.  Every  officer,  non-commissioned  officer 
and  soldier  shall  return  immediately  to  the  armory  or 
other  place  of  deposit  each  article  of  military  property 
of  the  Commonwealth  issued  to  and  received  by  him  for 
use  in  the  military  service,  and  the  possession  of  any  article 
of  such  property  by  the  person  to  whom  it  was  issued, 
elsewhere  than  in  the  armory  or  designated  place  of  de- 
posit, shall  be  deemed  and  taken  to  be  prima  facie  evi- 
dence of  embezzlement  of  such  article  of  property  by  the 
person  to  whom  it  was  issued. 

Section  78.  No  soldier  shall  wear  or  use,  except  upon 
military  duty  or  by  special  permission  of  his  company 
commander  or  other  competent  authority,  any  uniform  or 
other  article  of  military  property  belonging  to  the  Com- 
monwealth. 


Acts,  1893.  — Chap.  367.  1039 

Section  79.     Every  oflScer,  non-commissioned  officer  Responsibility 
and  soldier,  to  whom  a  uniform  or  other  article  of  mili-  return oAniu- 
tary  property  is  delivered,  in  pursuance  of  the  provisions  '"■•y  I'-'oi'^'^y- 
hereof,  shall  be  held  personally  responsible  for  its  care, 
safe  keeping  and  return  ;  he  shall  use  the  same  for  mili- 
tary purposes   only,  and  upon   receiving  a  discharge  or 
otherwise  leaving  the  military  service,  or  upon  the  demand 
of  his  commanding  officer,  shall  forthwith  surrender  and 
deliver  up  the  said  uniform,  together  with  all  other  articles 
of  military  property  that  may  be  in  his  possession,  to  the 
said  commanding  officer,  in  as  good  order  and  condition 
as  the  same  were  at  the  time  he  received  the  same,  rea- 
sonable use  and  ordinary  wear  thereof  excepted. 

Section  80.  Any  soldier  who  wilfully  or  maliciously  i^^^r'^^/^j,;. 
destroys,  injures  or  defaces  any  article  of  military  prop-  tary  property, 
erty  belonging  to  the  Commonwealth,  or  retains  any 
property  in  violation  of  the  provisions  of  the  preceding 
sections,  shall  be  punished  by  a  fine  not  exceeding  forty 
dollars,  to  be  paid  into  the  treasury  of  the  Commonwealth, 
to  be  recovered  on  complaint  of  the  officer  responsible  for 
such  property,  before  any  court  having  jurisdiction  ;  and 
such  delinquent  shall  be  imprisoned  in  the  house  of  cor- 
rection until  such  fine  is  paid  or  he  is  otherwise  liberated 
by  law. 

Section  81.     All  commissioned  officers  of  the  volun-  commissioned 

....  Ill  •  1  -jj  !••!  officers  liable 

teer  militia  shall  exercise  the  strictest  care  and  vigilance  to  be  court- 
for  the  preservation   of  the  uniforms,  arms,  equipments  ^.r^dam^geto 
and   military   property   furnished    to    their  several    com-  P'openy,  etc. 
mands  under  the  provisions  hereof;  and  in  case  of  any 
loss  thereof  or  damage  thereto,  by  reason  of  the  neglect 
or  default  of  such  officers  or  either  of  them  to  exercise 
such  care  and  vigilance,  he  or  they  shall  be  liable  to  trial 
by  court-martial  for  neglect  of  duty. 

Section  82.     Any  officer  receiving  public  property  for  ^j,^°^^^,g'=for 
military    use   shall   be    accountable    for    the    articles    so  military  prop- 
received  by  him  ;  and  he  shall  not  transfer  such  property,  ®"y''"'* 
or  any  portion   thereof,  to   another,  either  as   a   loan   or 
permanently,  without  the  authority  of  the  commander  in 
chief;  and  he  shall  be  liable  to  make  good  to  the  Common- 
wealth all   such   property  defaced,  injured,  destroyed  or 
lost  by  neglect  or  default  on  his  part,  and  for  the  recovery 
of  which  he  has  made  no  reasonable  effort ;  to  be  recovered 
in  an  action  of  tort,  to  be  instituted  by  the  judge  advocate 
general  at  the  request  of  the  quartermaster  general  in  the 
name  of  the  Commonwealth. 


1040 


Acts,  1893.  — Chap.  367. 


Liability  of 
officers  upon 
disuandment  of 
organization. 


Liability  to 
continue  until 
notified  that 
property  ac- 
counts are 
correct,  etc. 


Adoption  of 
other  than  pre- 
scribed  uuiform, 
etc. 


Personal  prop- 
erty of  volunteer 
organizations. 


Section  83.  Upon  the  disbandment  of  any  organi- 
zation which  has  received  uniforms,  arms,  equipments  or 
equipage  from  the  quartermaster  general,  in  accordance 
with  the  provisions  hereof,  the  commissioned  officers  of 
such  organizations  shall  be  responsible  for  the  safe  return 
to  the  custody  of  the  quartermaster  general  of  all  public 
property  in  possession  of  said  organization  ;  and  for  any 
loss  or  damage  thereto  compensation  may  be  obtained 
from  the  officer  receipting  for  such  property,  in  the 
manner  provided  in  the  preceding  section. 

Section  84.  Until  an  officer  or  his  legal  representative 
receives  from  the  adjutant  general  notice  that  the  property 
accounts  of  such  officer  have  been  examined  and  found 
correct,  the  liability  of  such  officer  or  of  his  estate  for 
public  property  for  which  he  is  or  may  have  been  re- 
sponsible shall  be  in  no  way  affected  by  resignation, 
discharge,  change  in  official  position  or  death.  Upon  the 
death  or  desertion  of  an  officer  responsible  for  public 
property  his  immediate  commander  shall  at  once  cause 
the  property  for  which  such  officer  was  responsible  to  be 
collected,  and  a  correct  inventory  made  by  actual  count 
and  examination  ;  which  inventory  shall  be  forwarded  to 
the  adjutant  general,  in  order  that  any  deficiency  may  be 
made  good  from  the  estate  of  the  deceased  or  desertins; 
officer ;  and  compensation  for  such  deficiency  may  be 
recovered  in  the  manner  provided  in  section  eighty-two. 

Section  85.  Any  organization  of  the  militia  may, 
with  the  approval  of  a  majority  of  its  commissioned  officers 
and  the  commander  in  chief,  adopt  any  other  uniform 
than  that  prescribed  in  section  seventy-three,  at  their  own 
expense;  but  such  uniforms  shall  not  be  worn,  except  by 
permission  of  the  commander  in  chief,  when  such  organi- 
zations are  on  duty  under  his  orders. 

Section  86.  Volunteer  organizations  may  own  and 
keep  personal  property,  which  shall  belong  to  and  be 
under  the  control  of  the  active  members  thereof;  and  the 
commanding  officer  of  any  organization  may  recover  for 
its  use  any  debts  or  effects  belonging  to  it,  or  damages  for 
injury  to  such  property  ;  action  for  such  recovery  to  be 
brought  in  the  name  of  such  commanding  officer  in  any 
court  having  jurisdiction,  in  any  county  where  such 
organization  or  part  thereof  is  located ;  and  no  suit  or 
complaint  pending  in  his  name  shall  be  abated  by  his 
ceasing  to  be  commanding  officer  of  the  organization  ;  but 


Acts,  1893.  — Chap.  3G7.  1041 

upon  the  motion  of  the  commander  succeeding  him,  such 
conunandcr  shall  be  admitted  to  prosecute  the  suit  or 
complaint,  in  like  manner  and  with  like  eftect  as  if  it  had 
been  originally  conunenccd  by  him. 

Section    87.     The    inspector   general    and    two    other  inspection  and 
officers  designated  b}^  the  conmiander  in  chief  shall  con-  Staj7"piop-°^ 
stitute  a   l)()ard  to  inspect  and  condemn  pul)lic  military  ^''y-e^'^ 
property  which  has  or  may  become  unfit  for  use  ;  and  no 
property  shall   be   sold   until    it   has  been  inspected  and 
condenmed,  as  herein   provided,  and  such  condemnation 
approved  by  the  commander  in  chief.     The  proceeds  of 
all  sales  of  condemned  public  property  shall  be  paid  into 
the  treasury  of  the  Commonwealth. 

Section  88.     The  committee  of  the  lesjislature  on  mili-  Lf^eisiative  com- 

...  1      11  •    •  1  1  iiiilUe  to  annu- 

tary  aiiairs  shall   annually  visit  the   arsenal,   state   camp  aiiy  ex;iraine 

11.1  11  ,.  1  .  arsenal,  camp 

ground  and  storehouses,  and  make  a  thorough  examina-  giound,  etc. 
tion  into  the  condition  of  the  same,  of  the  arms  and  muni- 
tions of  war  and  other  property  of  the   state   or  general 
government  deposited  there,  and  shall  report  the  condition 
of  the  arsenal  and  property  to  the  legislature  for  that  year. 

Section  89.     'ihe    quartermaster   general,    under   the  camp equipage 
direction  of  the  commander  in  chief,  may  lend  the  mili-  "g^a^„Vanny^of 
tary  camp  equipage   belonging  to  the  state  to  any  state  th'^iepubiic.etc 
encam[)ment  of  posts  of  the  grand  army  of  the  republic  in 
this  state,  when  it  can  be  done  without  interfering  with 
the  use  of  said  equipage  by  the  militia.     But  a  bond,  with 
sufficient  sureties  in  double  the  value   of  the  equipage, 
shall  be  given  in  every  case  for  its  return  without  loss  or 
damage  ;  and  the  Commonwealth  shall  be  subject  to  no 
expense  on  account  of  any  such  loan. 

Section  90.     The  mayor  and  aldermen  of  cities  and  fjprotidV°^°* 
selectmen    of   towns    shall    provide    for    each    regiment,  »f™o'i«8,bead- 

,  , .  ft  •  /»      1  1  quarters,  etc. 

battalion,  corps  of  cadets,  or  portion  of  the  volunteer 
militia,  within  the  limits  of  their  respective  cities  and 
towns,  a  suitable  armory  for  the  purpose  of  drill  and  for 
the  safe  keeping  of  the  arms,  equipments,  uniforms  and 
other  military  property  furnished  to  such  portion  of  the 
volunteer  militia  by  the  state  ;  and  shall  also  provide  suit- 
able grounds  or  places  for  the  parade,  drill  and  target 
practice  of  the  militia  belonging  to  their  respective  cities 
and  towns.  They  shall  also  provide  for  the  headquarters 
located  within  their  limits  of  each  brigade,  regiment,  sep- 
arate battalion  or  corps  of  cadets,  a  suitable  room  for  the 
keeping  of  books,  the    transaction  of  business    and  the 


1042  Acts,  1893.  — Chap.  367. 

instruction  of  officers.  Necessary  fuel  and  lights,  or  a 
reasonable  allowance  therefor,  shall  be  furnished  by  cities 
and  towns  for  each  armory  or  headquarters  located  within 

Penalty.  their  limits.     Any  city  or  town  failing  to  comply  with  the 

provisions  of  this  section  shall  forfeit  to  the  use  of  the 
Commonwealth  a  sum  not  exceeding  five  thousand  dollars, 
to  be  recovered  on  com[)laint  of  the  attorney-general  in 
any  court  of  competent  jurisdiction. 

Drill  halls  etc.,       SECTION  91.     Where  two  or  more  companies  of  the 

to  be  provided  at  ,  i        •    i   •  i         i  •       •  /• 

certain  places,  samc  oattalion  are  located  within  the  limits  or  a  city  or 
town,  the  mayor  and  aldermen  or  selectmen  thereof  shall 
if  practicable  provide  such  companies  with  a  drill  hall,  to 
be  used  by  them  in  common,  of  capacity  sufficient  for 
battalion  drill,  together  with  a  smaller  room  in  the  same 
building  for  each  of  said  companies,  suitable  for  company 
meetings  and  for  the  safe  keeping  of  military  property,  as 
provided  in  the  preceding  section.  The  headquarters  of 
each  regiment,  battalion  and  corps  of  cadets  shall  be  estab- 
lished with  said  commands,  or  portions  thereof,  as  far  as 
practicable. 

Money  may  be        SECTION  92.     Citics  aiid  towns    in    which    rcffiments, 

raised  for  build-   ,,.  /.li  •  iii 

ingarrooriesor  battalious,  corps  oi  cadcts  or  companies,  or  the  headquar- 
ea  quarters.  ^^^^^  ^^  brigades,  rcgimcnts,  battalions,  corps  of  cadets, 
signal  and  ambulance  corps,  or  detachments  of  militia  are 
located,  may  raise  money  by  taxation  or  otherwise  for  the 
purpose  of  erecting  suitable  buildings  for  the  armories  or 
headquarters  of  such  organizations. 

Location  of  SECTION  93.     Wlicu  a  compauv  is  formed  from  different 

armory,  etc.  .  ^    . 

places  the  location  of  its  armory  shall  be  determined  by 
a  majority  of  its  members,  subject  to  the  approval  of  the 
adjutant  general. 
Armories  to  be        SECTION  94.     Armoi'ies  provided  for  the  militia  shall 

used  for  military  i      /.  i 

purposes  only,  not  be  uscd  for  any  purpose  whatever  other  than  the 
legitimate  uses  of  the  commands  occupying  them,  and  no 
commander  of  any  regiment,  battalion,  corps  of  cadets  or 
company  shall  allow  the  armory  or  armories  of  his  com- 
mand to  be  let  for  other  than  a  proper  military  purpose, 
unless  by  approval  of  the  commander  in  chief  and  inter- 
mediate commanders. 
?o^t?oTof '^'^^^  Section  95.  Every  officer  whose  command  occupies, 
armory. during  asscmblcs  or  drills  in  any  armory,  drill  hall  or  building 
allowed  according  to  law  for  such  purpose,  shall  have  con- 
trol of  such  premises  during  the  period  of  occupation, 
subject  to  the  orders  of  his  superior  commanders ;  and 


occupatioQ. 


Acts,  1893.  — Chap.  367.  10i3 

any  person  who   intrudes  contrary  to  his  orders  or  the  Ponnity  for 
orders  of  his  superior  commanders,  or  who   interrupts,  rroop*8,'efc. 
molests,  obstructs  or  insults  the  troops  or  any  of  them  so 
occupyinir  such  premises,  may  be  dealt  with  as  prescribed 
in  sections  one  hundred  and  eigliteen  and   one  hundred 
and  nineteen  for  like  ott'ences,  at  the  discretion  of  the  offi- 
cer in  charge  of  the  troops,  or  his  superior  commanders  : 
provided,  that  nothing  in  this  section  shall  be  construed  ^''o^isO' 
to  prevent  reasonable  inspection  of  the  premises  by  the 
mayor  and  aldermen  or  selectmen  of  a  city  or  town,  or  by 
the  owners  of  the  premises,  according  to  the  terms  which 
may  have  been  specified  therefor  in  a  lease. 

Section  96.     The  mayor  and  aldermen  of  cities  and  Amount  paid 
selectmen  ot  towns  shall  annually  on  the  nrst  day  ot  Octo-  certinea  to  the 
ber  transmit  to  the  adjutant  general  a  return,  verified  by  erir.'et"'.^'^"' 
oath  or  affirmation  of  at  least  two  of  their  board,  showinof 
the  name  ot  each  militia  organization  or  headquarters  fur- 
nished with  an  armory,  the  amount  paid  or  charged  for 
the  rent  thereof,  and  that  the  amount  charged  is  fair  and 
reasonable  according  to  the  value  of  real  estate  in  their 
place.     Returns  received  after  December  first  shall  not  be 
allowed. 

Sectiox  97.  The  adjutant  general  shall  annually  ex- claims  for  rent, 
amine  all  certificp.tes  so  returned  to  his  office,  institute  aucel'efc'."^'*'^" 
any  inquiries  he  deems  expedient  relative  thereto,  and, 
under  the  direction  of  the  commander  in  chief,  allow  them, 
in  whole  or  in  part,  to  an  amount  not  exceeding  six  hun- 
dred dollars  for  a  company  of  artillery  or  cavalry,  four 
hundred  dollars  for  a  company  of  infantry  or  a  company 
of  the  naval  brigade,  and  pro  rata  for  signal  and  ambulance 
corps,  and  not  exceeding  two  hundred  dollars  for  each 
brigade,  regimental  or  separate  battalion  headquarters. 
The  amount  to  be  allowed  to  a  corps  of  cadets  shall  be 
determined  by  the  commander  in  chief,  not  exceeding  the 
allowance  which  would  be  made  in  the  aofgreffate  to  a  bat- 
talion  of  four  com[)anie8  and  the  headquarters  thereof. 
The  adjutant  general  shall,  after  such  examination,  and 
not  later  than  the  fifteenth  day  of  December  of  each  year, 
file  in  the  office  of  the  auditor  his  certificate,  stating  the 
sums  allowed,  the  name  of  the  command  for  whose  use 
each  sum  is  allowed,  and  the  place  to  which  it  belongs  ; 
and  shall  thereupon  notify  the  mayor,  aldermen  or  select- 
men of  the  sum  allowed  to  their  place  ;  which  sum  shall 
be  paid,  upon  the  warrant  of  the  governor,  to  such  mayor 
and  aldermen  cr  selectmen. 


lOM 


Acts,  1893.  — Chap.  367. 


Volunteer  mili- 
tia  to  be  ordered 
out  in  case  of 
invasion  or  in- 
surrection. 


Troops  may  be 
ordered  out  in 
case  of  riot  or 
tumult. 


Section  98.  When  an  invasion  of,  or  insurrection  in, 
the  state  is  made  or  threatened,  the  commander  in  chief 
shall  call  upon  the  volunteer  militia  to  repel  or  suppress 
the  same.  If  such  invasion  or  insurrection  or  imminent 
danger  thereof,  in  any  part  of  the  state,  is  so  sudden  that 
the  commander  in  chief  cannot  be  informed  and  his  orders 
received  and  executed  in  season  to  resist  or  suppress  the 
same,  a  brioade  commander  in  such  part  of  the  state  may 
order  out  his  brigade,  or  any  part  thereof,  as  the  com- 
mander in  chief  might  do. 

Section  99.  When  there  is  in  any  city  or  town  a 
tumult,  riot,  mob  or  a  body  of  men  acting  together  by 
force,  with  attempt  to  commit  a  felony,  or  to  offer  violence 
to  persons  or  property,  or  by  force  and  violence  to  break 
and  resist  the  laws  of  the  Commonwealth  ;  or  when  such 
tumult,  riot  or  mob  is  threatened,  and  the  fiict  is  made  to 
appear  to  the  commander'in  chief,  the  sheriff  of  the  county, 
the  mayor  of  the  city  or  the  selectmen  of  the  town,  the 
commander  in  chief  may  issue  his  order,  or  such  sheriff, 
mayor  or  selectmen  may  issue  a  precept,  directed  to  any 
commander  of  a  brigade,  regiment,  battalion,  corps  of 
cadets  or  company,  within  the  limits  of  their  jurisdiction, 
directing  him  to  order  his  command,  or  a  part  thereof,  to 
appear  at  a  time  and  place  therein  speciried,  to  aid  the 
civil  authority  in  suppressing  such  violence  and  support- 
ing the  laws ;  which  precept  shall  be  in  substance  as 
follows  :  — 


Form  of  precept. 


L.  S. 


— ,  ss. 


COMMONWEALTH   OF   MASSACHUSETTS. 


To  [insert  the  officer's  title]  A.  B  ,  commmiding  [insert  liis  command]. 
Whereaft,  it  has  been  m;\de  to  appear  to  [the  sheriff,  mayor  or  the 
selectmen,  as  the  case  may  be]  of  the  [county,  city  or  town]  of 
,  that  [here  state  one  or  more  of  the  causes  above- 
mentioned]  in  our  of  ,  and  that  military  force  is  neces- 
sary to  aid  the  civil  authority  in  suppressing  the  same :  Now,  there- 
fore, we  command  you  that  you  cause  [3  our  command,  or  such  j^art 
thereof  as  may  be  desired],  armed  and  equipped  with  ammunition 
and  with  proper  officers,  to  parade  at  ,  on  ,  then  and  there 
to  obey  such  orders  as  may  be  given  according  to  law.  Hereof  fail 
not  at  your  peril,  and  have  you  there  this  precept  with  yom*  doings 
returned  thereon. 

This  precept  shall  be  signed  and  properly  attested  as 
the  act  of  such  sheriff,  mayor  or  selectmen,  and  shall  be 
under  seal,  and  may  be  varied  to  suit  the  circumstances 
of  the  case  ;  and  a  copy  of  the  same  shall  be  immediately 
forwarded  to  the  commander  in  chief. 


Acts,  1893.  — Chap.  367.  1045 

Section  100.  The  officer  to  whom  the  order  of  the  oaicer  to  order 
comniander  in  chief  or  brigade  commander,  or  such  pre-  *J°^"p*''^p="^"'^<^» 
cept,  is  directed  shall  forthwith  order  the  troops  therein 
called  for  to  parade  at  the  time  and  place  appointed,  and 
shall  immediately  notify  the  commander  in  chief  of  such 
order,  directly,  in  the  most  expeditious  manner  and  by 
letter,  through  the  usual  military  channels. 

Section  101.     If  an  officer,  ordered  as  in  the  preced-  Pepa"yon 

'  1  otncer  lor 

ing  section,  refuses  or  neglects  to  obey  such  order  or  neglect, etc. 
precept,  or  if  any  officer  or  soldier  neglects  or  refuses  to 
obey  an  order  issued  in  pursuance  thereof,  he  shall  be 
punished  as  a  court-martial  may  adjudge. 

Section  102.     Such  troops  shall  appear  at  the  time  Troops  to 
and    place    appointed,  armed,  equipped    and    with    ball  equrpped'^tc.' 
ammunition,  and  shall  obey  and  execute  such  orders  as 
they  may  then  and  there  receive,  according  to  law. 

Section  103.     If  a  company  without  officers  is  ordered  officermaybe 

,  .p  -,  i'*^.  ,  ,,  ,.  detailed  to  com - 

to  march,  or  it  a  detachment  is  ordered  therefrom,  the  mand  company, 

J  c    j.^  •  i.  u    ij.    1*  I      II      1    j^    M  detachment,  etc. 

commander  ot  the  regiment  or  battalion  shall  detail  an 
officer  to  command,  who  shall  have  the  same  authority  to 
order  them  to  appear,  to  command  them  in  the  field  or  to 
make  a  draft  or  detachment  therefrom,  as  the  captain  of 
such  company  would  have,  and  shall  be  under  the  same 
responsibility. 

Section  104.     The  mayor  and  aldermen  of  a  city  and  Carriages,  sup. 
the  selectmen  of  a  town  to  which  men  so  ordered  out,  provi'ded,"etc. 
detached  or  drafted  belong,  when  required  in  writing  by  a 
commander  of  a  regiment  or  detachment,  shall  provide 
carriages  to  attend   them   with  further  supplies  of  pro- 
visions   and   to    carry   necessary  baggage,    and   provide 
necessary  camp  equipage  and  utensils,  until  notified  by 
the  commanding  officer  to  desist ;    and  shall  present  their 
accounts  for  the  same  to  the  quartermaster  general.     For  Penalty. 
any  neglect  by  such  mayor  and  aldermen  or  selectmen, 
under  this  section,  such  city  or  town  shall  forfeit  to  the 
use  of  the  Commonwealth  not  less  than  twenty  nor  more 
than  five  hundred  dollars. 

Section  105.     AVhen  the  entire  volunteer  militia  has  Additional  force 
been  called  out  under  sections  ninety-eight  and  ninety-  enrolled  miiuT. 
nine,  and  a  still  further  force  is  required,  it  shall  be  taken 
from  the  enrolled  militia,  as  provided  in  section  nine. 

Section  106.    Each  regiment,  separate  battalion,  corps  Annual  parade 
of  cadets  and  unattached  company  of  the  volunteer  militia  inspection". 
shall  parade  for  instruction  one  day  in  each  year,  at  such 


1046 


Acts,  1893.  — Chap.  367. 


Encampment 
for  Ave  days. 


Encampmentsto 
be  held  at  state 
camp  ground, 
unless,  etc. 


Camp  duty ; 
inspector  gen- 
eral, report,  etc. 


Judge  advocate, 
attendance  and 
jurisdiction  at 
encampment. 


Notice  for 
appearance  for 
duty. 


Orders  may  be 
delivered  by 
enlisted  men. 


time  and  place  as  the  commander  in  chief  may  designate. 
The  inspector  general,  his  assistants,  or  such  other  officers 
as  the  commander  in  chief  shall  indicate,  shall  attend  such 
tours  of  duty  and  report  upon  the  proficiency  of  the 
troops  ;  such  report  to  be  made  to  the  commander  in 
chief,  in  writing,  within  thirty  days  from  the  date  thereof. 

Sectiox  107.  The  volunteer  militia  shall  perform  no1; 
less  than  five  consecutive  days  of  camp  duty  in  each  year, 
at  such  time  and  place  as  the  commander  in  chief  shall 
designate. 

Section  108.  All  encampments  shall  be  held  upon  the 
state  camp  ground,  unless  otherwise  directed  by  the  com- 
mander in  chief;  and  no  ground  shall  be  occupied  for  an 
encampment  of  the  militia  in  time  of  peace  without  the 
consent  of  the  selectmen  of  the  town  or  mayor  and  alder- 
men of  the  city  where  the  encampment  is  to  be  made, 
unless  by  order  of  the  commander  in  chief;  such  ground 
to  be  paid  for  by  the  state  on  contracts  to  be  approved  by 
the  adjutant  general. 

Section  109.  At  each  encampment  the  troops  shall 
be  thoroughly  exercised  in  the  routine  of  camp  duty. 
The  inspector  general  and  such  assistants  as  may  be 
detailed  shall  be  present  at  these  encampments,  and  the 
inspector  general  shall  report  in  regard  to  numbers,  dis- 
cipline and  other  matters  aflfecting  the  character  or  effi- 
ciency of  the  organizations  ;  such  reports  to  be  forwarded 
to  the  commander  in  chief  within  thirty  days  from  date  of 
encampment. 

Section  110.  The  judge  advocate  general  or  a  judge 
advocate  may  be  detailed  by  the  commander  in  chief  to 
attend  any  encampment,  and  shall  have  during  the 
encampment,  within  the  limits  of  the  camp  and  for  a 
distance  of  one  mile  from  the  guard  line,  the  jurisdiction 
of  a  municipal  court  over  all  otfences  then  and  there 
committed. 

Section  111.  For  the  duty  required  at  drills  under 
section  one  hundred  and  six,  and  at  camp  under  section 
one  hundred  and  seven,  no  notice  shall  be  considered  as 
legal  unless  the  same  shall  have  been  given  to  each  person 
verbally,  or  by  delivery  to  him  in  person,  or  leaving  at  his 
usual  place  of  business  or  abode  the  order  for  such  duty, 
at  least  four  days  previous  to  the  time  appointed. 

Section  112.  Commanders  of  regiments,  battalions 
of  artillery  and  cavalry,  the  naval  brigade  and  corps  of 


Acts,  1893.  — Chap.  367.  10i7 

cadets  or  companies  may  direct  such  orders  to  be  delivered 
by  one  or  more  of  the  enlisted  men  of  their  command. 

Section  113.     Brigade  commanders  may  call  meetings  Meetings  of 
of  their  stajff  otficers,  the  tiehl  otficers,  adjutants  and  cap- 
tains of  unattached  com})anies  of  their  commands,  at  some 
convenient  place  within  the  limits  of  their  brigades,  or  at 
such  place  as  the  commander  in  chief  may  designate,  six 
times  in  each  year,  for  instruction.     Commanders  of  regi- 
ments, battalions  and  corps  of  cadets  may  in  like  marmer 
call   similar  meetings  of  the  oiBcers  of  their  respective 
commands  six  times  each  year ;   but  nothin":  in  this  chap- 
ter shall  be  construed  as  allowing  any  compensation  for 
attendance  at  such  meetings,     AVhen   such  meetings  are  Transportation. 
authorized  the  quartermaster  general  shall  provide  for  all 
officers  attending  such  meetings  the  necessary  transpor- 
tation, at  rates    established    by  law,   when    the  distance 
travelled  exceeds  five    miles.     At  the  discretion  of  the  schooifor 
commander  in   chief  a  school  for  officers  may  be  estab-  °^'^^^'^- 
lished  in  any  portion  of  the  state,  under  such  rules  and 
regulations  as  he  may  deem  proper. 

Section  114.     The  commander  in  chief  may  order  out  Escort  duty, 

,  ''  uiounted  bauds. 

any  portion  of  the  militia  for  escort  and  other  duties,  and 
may  authorize  the  use  of  mounted  bands. 

Section  llfi.     The  commander  of  any  regiment,  bat-  companies  or 

,  .  J      ^    ^  '  oflicers  may  be 

talions  of  artillery  and  cavalry,  the  naval  brigade  or  corps  assembled  for 
of  cadets  may  at  any  time  assemble  the  companies,  or  the  inspection. 
officers  of  his  command,  for  instruction  ;  and  commanders 
of  brigades,  regiments,  battalions  and  corps  of  cadets  may 
order  company  inspections  in  the  evening  at  the  several 
company  armories,  whenever  the  good  of  the  service  may 
demand.  • 

Section  116.  Every  company  shall  drill  at  least  twice  Company  and 
in  each  month.  Battalion  drills  may  count  in  the  place 
of  company  drills.  Nothing  in  this  section  shall  prevent 
commanding  officers  ordering  drills  more  frequently.  Bat- 
talions of  infantry  regiments  may  be  assembled  without 
pay  twice  each  year,  by  order  of  the  commander  in  chief, 
for  instruction.  Transportation  shall  be  furnished  by  the  Transportation. 
quartermaster  general. 

Section  117.     No  parade  or  voluntary  service  shall  be  voluntary 
performed  by  any  company,   under   arms  or  with   state  p''"*'^''*' 
uniform,  without  the  approval  of  the  regimental  or  sepa- 
rate battalion  commander,  or,  if  unattached,  of  its  next 
superior. 


1018 


Acts,  1893.  — Chap.  367. 


Bounds  of 
parades  or 
encampment. 


Punishment  for 
intrusiou,  etc. 


Penalty  for 

raolestins;,  in- 
Bulting,  etc., 
troops  on  duty. 


Kigbt  of  way  of 
troops  on  duty. 


Section  118.  Every  commanding  officer,  when  on 
duty,  may  ascertain  and  fix  necessary  bounds  and  limits 
to  his  parade  or  encampment,  nof  including  a  road  so  as 
to  prevent  passing,  within  which  no  spectator  shall  enter 
without  leave  from  such  commanding  officer.  Whoever 
intrudes  within  the  limits  of  the  parade  or  encampment, 
after  being  forbidden,  may  be  confined  under  guard  dur- 
ing the  time  of  parade  or  encampment,  or  a  shorter  time, 
at  the  discretion  of  the  commanding  officer ;  and  whoever 
resists  a  sentry  who  attempts  to  put  him  or  keep  him  out 
of  such  limits  may  be  arrested  by  order  of  the  command- 
ing officer  and  carried  before  the  judge  advocate  general 
or  a  judge  advocate  on  duty  at  the  encampment,  as  pro- 
Tided  in  section  one  hundred  and  ten,  or  other  court  of 
justice  having  jurisdiction  of  the  place,  to  be  examined  or 
tried  upon  complaint  of  the  commanding  officer  for  such 
assault  or  disturbance  or  breach  of  the  peace. 

Section  119.  If  any  person  interrupts  or  molests  or 
insults,  by  abusive  words  or  behavior,  or  obstructs  any 
officer  or  soldier  while  on  duty  or  at  any  parade,  drill  or 
meeting  for  military  improvement,  he  may  be  put  imme- 
diately under  guard  and  kept  at  the  discretion  of  the  com- 
manding officer  of  the  brigade,  regiment,  battalion,  corps, 
company  or  detachment,  as  the  case  may  be,  until  the 
duty,  drill,  parade  or  meeting  is  concluded;  and  such 
commanding  officer  may  turn  over  such  person  to  any 
police  officer  or  constable  of  the  city  or  town  wherein 
such  duty,  parade,  drill  or  meeting  is  held ;  and  said 
police  officer  or  constable  shall  detain  him  in  custody  for 
examination  or  trial  before  a  court  of  justice  or  trial  justice 
having  jurisdiction  of  the  place  ;  and  any  person  found 
guilty  of  either  of  the  offences  enumerated  in  this  section, 
or  in  sections  ninety-five  and  one  hundred  and  eighteen, 
or  of  obstructing  or  interfering  with  United  States  forces 
or  troops  or  any  portion  of  the  militia  in  the  exercise  or 
enjo3'ment  of  the  right  of  way  granted  by  section  one 
hundred  and  twenty,  shall  be  punished  by  imprisonment 
in  the  jail  or  house  of  correction  not  exceeding  six  months, 
or  by  fine  not  exceeding  one  hundred  dollars. 

Section  120.  United  States  forces  or  troops,  or  any 
portion  of  the  militia  parading  or  performing  any  duty 
according  to  law,  shall  have  the  right  of  way  in  any  street 
or  highway  through  which  they  may  pass,  provided  the 
carriage  of  the  United  States  mails,  the  legitimate  func- 


Acts,  1893.  — Chap.  367.  1019 

tions  of  the  police,  and  the  progress  and  operations  of 
tire  engines  and  tire  departments  shall  not  be  interfered 
with  thereby. 

Section  121.     Any  soldier  guilty  of  a  military  ofience  soiciiere  may  be 
may  be  put  and  kept  under  guard  by  the  commander  of  foAi^mmtfri^"^ 
the  company,  corps,  battalion  or  regiment,  or  of  the  field,  «'^«"'=*'- 
for  a  time  not  extending  beyond  the  term  of  service  for 
which  he  is  then  ordered. 

Section  122.     No  otficer  or  soldier  in  the  volunteer  Personniser- 
niilitia  shall  receive  the  compensation  provided  in  this  fofreceTptT/^ 
chapter  unless  he  personally  performs  the  duties  required  compeneauou, 
by  law ;  and  no  substitute  shall  be  allowed  compensation 
for  service  belonging  to  another  to  perform ;    nor  shall 
excuses  granted  for  absence  from  or  non-performance  of 
military  duty  entitle  the  person  excused  to  receive  such 
compensation. 

Section  123.     No  officer  or  soldier  shall  be  holden  to  Mimia  not  hew 
perform  military  duty  except  in  case  of  invasion,  insur-  I'llc^uon^ay 
rection,  riot  or  tumult,  made  or  threatened,  or  in  obedi-  except  in  case 

,  .1.^  ^^  not,  etc. 

ence  to  the  commander  m  chief,  on  a  day  appointed  in 
the  city  or  town  in  which  he  resides,  for  the  election  of 
governor,  lieutenant  governor,  electors  of  president  and 
vice  president  of  the  United  States,  or  representatives  to 
congress  or  to  the  general  court ;  and  an  officer  parading 
his  command,  or  ordering  it  to  parade,  contrary  to  the 
provisions  of  this  section,  shall  be  liable  to  trial  by  court- 
martial. 

Section  124.     No  body  of  men  whatsoever,  other  than  pniiing,  parad- 
the  regularly  organized  corps  of  the  militia,  the  troops  a°ra9''o'f"'a^ocia- 
of  the  United  States,  the  ancient  and  honorable  artillery  tLTLtmra''. '^'"' 
company,  the  veteran  artillery  association  of  Newbury- 
port,  the  veteran  cadet  association  of  Salem,  the  veteran 
association  of  the  independent  corps  of  cadets  of  Boston, 
the  Salem  light  infantry  veteran  association,  the  veteran 
artillery  association  of  Amesbury  and  Salisbury,  and  the 
Boston   light    infantry  association,  shall   associate   them- 
selves together  at  any  time  as  a  company  or  organization, 
for  drill  or  parade  with  firearms,  or  maintain  an  armory 
in  any  city  or  town  of  this  Commonwealth  ;  nor  shall  any 
city  or  town  raise  or  appropriate  any  money  toward  arm- 
ing, equipping,  uniforming  or  in   any  way   supporting, 
sustaining  or  providing  drill  rooms  or  armories  for  any 
such  body  of  men:   provided,  that   associations   wholly  Associations  of 
composed  of  soldiers  honorably  discharged  from  the  ser-  ^°''^^"^'  ^'*'- 


1050 


Acts,  1893.  — Chap.  367. 


Students  in  cer- 
tain educational 
institutions. 


Parading  with 
side  arms. 


Penalty  for 
parading  con- 
trary to  law,  etc. 


Excuse  from 
duty  on  physi- 
cian's certiticate 
of  disability. 


Exense  for 
absence  from 
camp  duty, 
drills  and  in- 
spections. 


Compensation 
of  otBcers  and 
soldiers. 


vice  of  the  United  States  may  parade  in  public  with  arms, 
upon  the  reception  of  any  regiments  or  companies  of 
soldiers  returning  from  said  service,  and  for  the  purpose 
of  escort  duty  at  the  burial  of  deceased  soldiers,  having 
first  obtained  the  written  permission  so  to  do  of  the  mayor 
and  aldermen  of  the  cities  or  selectmen  of  the  towns  in 
which  they  desire  to  parade  ;  and  provided^  further,  that 
students  in  educational  institutions  where  militar^^  science 
is  a  prescribed  part  of  the  course  of  instruction  may, 
with  the  consent  of  the  governor,  drill  and  parade  with 
firearms  in  public,  under  the  superintendence  of  their 
teachers,  and  provided,  further,  that  this  section  shall 
not  be  construed  to  prevent  any  organization  heretofore 
authorized  thereto  by  law  from  parading  with  side  arms. 

Section  125.  "Whoever  offends  against  the  provisions 
of  the  preceding  section,  or  belongs  to  or  parades  with 
any  such  unauthorized  body  of  men  with  arms,  shall  be 
punished  by  a  fine  not  exceeding  fifty  dollars  or  by  im- 
prisonment in  the  house  of  correction  or  common  jail  for 
a  term  not  exceeding  six  months,  or  both. 

Section  126.  No  ofiicer  or  soldier  of  the  volunteer 
militia  not  on  leave  of  absence  or  furlough  shall  be  ex- 
cused from  duty  in  time  of  insurrection,  invasion  or  dis- 
turbance of  the  peace,  as  provided  in  sections  ninety-eight 
and  ninety-nine,  except  upon  physician's  certificate  of 
disability.  If  such  ofiicer  or  soldier  fails  to  furnish  his 
commanding  officer  such  certificate  he  shall  be  tried  by 
court-martial  for  desertion,  or  absence  without  leave,  as 
the  case  may  be ;  and  no  such  excuse  shall  avail  such 
officer  or  soldier  unless  the  delinquent  satisfies  the  tri- 
bunal before  which  he  is  tried  that  it  was  not  in  his  power 
to  make  such  excuse.  For  absence  from  camp  duty, 
annual  drill  and  from  drills,  excuses  may  be  presented  to 
commanding  officers  of  regiments,  battalions  or  corps  of 
cadets,  and  by  them  allowed  upon  good  and  sufficient 
grounds,  or  according  to  the  rules  adopted  therefor,  as 
prescribed  in  by-laws  adopted  under  section  one  hundred 
and  forty-seven  ;  and  delinquents  who  do  not  submit  to 
fines  shall  be  tried  as  herein  prescribed.  Certificates  of 
disability  and  excuses  of  soldiers  of  unattached  com- 
panies shall  in  like  manner  be  presented  to  their  brigade 
commanders,  and  may  be  by  them  allowed. 

Section  127.  There  shall  be  allowed  and  paid  to 
officers  and  soldiers  of  the  volunteer  militia,  on  rolls  and 


Acts,  1893.  — Chap.  3G7.  1051 

accounts  in  such  form  as  the  commander  in  chief  may  compensation 
prescribe,  as  follows,  to  wit:  For  the  duty  prescribed  soiuiersT **" 
iu  sections  ninety-eight,  ninety-nine,  one  hundred  and 
six,  one  hundred  and  seven  and  one  hundred  and  four- 
teen, commissioned  officers  shall  be  allowed  and  paid  the 
same  pay  per  diem  as  is  prescribed  for  officers  of  like 
grade  in  the  United  States  army,  viz.  :  Brigadier  gen- 
eral, fifteen  dollars  and  twenty-eight  cents  ;  colonel,  nine 
dollars  and  seventy-three  cents  ;  lieutenant  colonel,  eight 
dollars  and  thirty  three  cents;  major,  six  dollars  and 
ninety-five  cents  ;  captain,  mounted,  five  dollars  and  fifty- 
five  cents;  captain,  not  mounted,  five  dollars;  adjutant, 
quartermaster,  assistant  surgeon,  paymaster,  and  inspector 
of  rifle  practice,  five  dollars  ;  first  lieutenant,  mounted, 
four  dollars  and  seventy-five  cents ;  first  lieutenant,  not 
mounted,  four  dollars  and  seventeen  cents  ;  second  lieu- 
tenant, mounted,  four  dollars  and  seventeen  cents  ;  second 
lieutenant,  not  mounted,  three  dollars  and  eighty-nine 
cents;  chaplain,  four  dollars  and  seventeen  cents;  non- 
commissioned stafl'  ofiicers,  two  dollars  and  fifty  cents ; 
every  member  of  a  band,  four  dollars ;  and  every  other 
enlisted  man,  two  dollars.  And  it  is  further  provided 
that  the  commander  in  chief  at  his  discretion  may  order 
rations  issued  to  troops  on  duty,  and  the  cost  of  the  same 
shall  be  deducted  from  the  pay  of  troops.  And  there 
shall  be  allowed  for  each  horse  actually  employed  by 
ofiicers  and  soldiers  authorized  by  law  to  be  mounted  and 
for  each  draft  horse  employed  in  the  artillery,  the  sum  of 
four  dollars  per  day,  which  shall  be  in  full  for  all  keeping 
and  forage.  For  all  other  duty  under  orders  of  the  com- 
mander in  chief,  unless  otherwise  specially  provided,  or 
as  a  witness  or  defendant  under  summons,  as  provided  in 
section  one  hundred  and  forty-one,  there  shall  be  allowed 
and  paid  to  all  officers  above  the  rank  of  captain,  the  sum 
of  four  dollars  ;  to  every  other  commissioned  officer,  the 
sum  of  two  dollars  and  fifty  cents  ;  to  every  member  of  a 
band,  the  sum  of  four  dollars  ;  and  to  every  other  enlisted 
man,  the  sum  of  two  dollars  per  day.  To  each  assistant 
adjutant  general  of  brigade  there  shall  be  allowed  and 
paid  the  sum  of  twenty  dollars  per  annum ;  to  each  adju- 
tant, the  sum  of  fifty  dollars  per  annum  ;  and  to  each 
paymaster,  the  sum  of  twelve  dollars  and  fifty  cents  per 
annum,  for  each  company  in  the  command  to  which  he  is 
attached.     There  shall  be  allowed  and  paid  to  each  chief 


1052 


Acts,  1893.  — Chap.  367. 


Compensation 
of  officers  and 
soldiers. 


Allowance  for 
travel. 


bugler  and  bugler  and  drummer  of  the  volunteer  militia, 
on  rolls  and  accounts  in  such  form  as  the  commander  in 
chief  may  prescribe,  for  the  duty  required  in  sections 
ninety-eight,  ninety-nine,  one  hundred  and  six,  one  hun- 
dred and  seven  and  one  hundred  and  fourteen,  the  sum  of 
three  dollars  and  fifty  cents  per  day  ;  and  the  chief  bugler 
shall  be  mounted  and  shall  be  allowed  four  dollars  per 
day  for  his  horse,  which  shall  be  in  full  for  all  keeping 
and  forage.  Colonels  and  battalion  commanders  of  artil- 
lery and  cavalry,  the  naval  brigade  and  naval  battalions 
and  cadet  corps  may  visit  the  companies  in  their  com- 
mands six  times  each  year;  lieutenant  colonels,  majors 
and  adjutants,  such  companies  as  they  are  ordered  to  visit 
by  regimental  or  battalion  commanders,  six  times  each 
year ;  inspectors  of  rifle  practice  may  visit  the  companies 
in  their  respective  organizations  when  ordered  so  to  do, 
three  times  each  year ;  assistant  inspector  generals  of 
brigades,  when  ordered  so  to  do  by  their  commanding 
officers,  may  visit  each  company  in  their  brigade  once  in 
each  year,  for  which  mileage  at  the  rate  of  four  cents  per 
mile  each  way,  the  distance  to  be  computed  by  line  of  the 
most  direct  railway  communication  from  the  residence  of 
the  officer,  shall  be  allowed  on  receipt  of  returns  therefor. 
Any  officer  or  enlisted  man  in  the  militia  service  on  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
ninety-one,  who  had  rendered  nine  years'  honorable  ser- 
vice, and  any  officer  or  enlisted  man  thereafter  completing 
a  like  service,  shall  be  allowed  a  medal,  and  for  each 
additional  five  years'  like  service  theretofore  or  thereafter 
rendered  he  shall  be  allowed  a  bar  or  clasp. 

Section  128.  There  shall  be  allowed  and  paid  to  each 
officer  and  soldier  obliged  to  travel  on  duty,  as  follows,  to 
wit :  When  upon  duty  required  or  performed  under  sec- 
tions ninety-eight,  ninety-nine,  one  hundred  and  six,  one 
hundred  and  seven  and  one  hundred  and  fourteen,  two 
cents  per  mile  each  way,  the  distance  to  be  computed  by 
the  line  of  the  most  direct  railroad  communication  from 
the  place  in  which  the  headquarters  of  the  various  com- 
mands and  the  armories  of  the  companies  are  situated. 
When  upon  duty  as  a  member  or  judge  advocate  of  any 
military  court  or  board,  or  as  a  witness  or  defendant 
before  such  court  or  board ;  when  appearing  before  the 
board  of  examiners  provided  in  section  fifty-three ;  when 
attending  meetings  of  officers,  as  provided  in  section  one 


Acts,  1893.  — Chap.  367.  1053 

hundred  and  thirteen  ;  when  acting  as  the  presiding  officer 
at  an  election,  as  an  elector  at  the  election  of  a  general  or 
field  officer,  or  as  a  paymaster ;  or  in  any  case  when 
oblijied  by  orders  of  the  commander  in  chief  to  travel 
without  troops,  —  four  cents  per  mile  each  way,  the  dis- 
tance to  he  computed  I)y  the  line  of  most  direct  railroad 
communication  from  the  residence  of  the  officer  or  soldier. 
There  shall  be  allowed  and  paid  for  the  care  of  and  re-  Allowance  for 
sponsibility  for  military  property  of  the  Commonwealth  gponrrbUity for 
in  their  charge,  to  each  cadet  corps  commander  and  each  ^^m'ary  prop- 
company  commander  in  the  volunteer  militia,  the  sum  of 
fifty  dollars ;  to  each  commander  of  a  company  of  artil- 
lery one  hundred  dollars ;  twenty-five  dollars  to  each 
regimental  commander ;  to  each  signal  corps  commander 
the  sum  of  twenty-five  dollars,  and  to  each  ambulance 
corps  commander  the  sum  of  fifteen  dollars  per  annum  ; 
from  which  the  adjutant  general  may  deduct  the  cost  of 
all  articles  lost  by  neglect  or  losses  unsatisfactorily  ex- 
plained, before  certification  to  the  auditor  for  payment. 
Inspecting  officers  when  on  duty  in  armories,  under  orders 
of  the  commander  in  chief,  shall  receive  such  pay  and  allow- 
ances as  are  provided  for  officers  on  special  duty. 

Section  129.  The  following  officers  and  soldiers,  and  fow^ers  emuied 
none  other,  are  entitled  to  be  mounted:  Every  general,  to  be  mounted. 
field  and  staff  officer,  every  officer  of  cavalry,  artillery, 
signal  and  ambulance  corps,  every  brigade,  cavalry  and 
artillery  non-commissioned  staff"  officer,  every  enlisted  man 
of  cavalry,  and  the  sergeants,  except  the  stable  sergeant, 
the  guidon  corporal  and  buglers  of  light  artillery,  the 
chief  bugler  and  orderly  of  infantry  regiments  ;  one  horse 
only  shall  be  allowed  to  each  of  the  above-mentioned 
officers  and  soldiers  ;  and  there  shall  be  allowed  thirty- 
two  draft  horses  to  each  battery  of  light  artillery  of  four 
guns ;  to  each  battery  of  light  artillery  of  more  than  four 
guns  there  shall  be  allowed  for  each  additional  gun  eight 
draft  horses.  No  horses  shall  be  allowed  for  members  of 
bands  except  by  special  orders  of  the  commander  in  chief. 
Officers  detailed  as  battalion  adjutants  of  regiments  shall 
be  allowed  a  horse  and  equipments  for  ordered  duty. 

Section  130.  Mounted  officers  and  enlisted  men,  when  Transportation 
ordered  by  the  commander  in  chief  to  transport  their  horses, 
shall  be  allowed  the  actual  cost  of  such  transportation  from 
the  nearest  point  of  departure  from  the  place  where  the 
several  headquarters  or  the  armories  of  the  companies  to 
which  they  belong  are  situated. 


1054 


Acts,  1893.  — Chap.  367. 


No  allowance 
for  traneporta- 
tion  not  actually 
employed. 


Forage  and 
Bubsistence. 


Postage,  station- 
ery and  otfice 
incidentals. 


Travel  and 
attendance  at 
courts-martial. 


Courts  of 
inquiry. 


Report  to  and 
action  of  com- 
mander in  chief. 


General  courts- 
martial  for  trial 


Section  131.  No  allowance  shall  at  any  time  be  made 
for  transportation  not  actually  employed  nor  to  officers 
or  enlisted  men  when  transported  by  means  of  horses  pro- 
vided by  the  state. 

Section  132.  Forage  and  subsistence  shall  be  fur- 
nished in  kind  by  the  quartermaster  and  commissary 
general,  when  troops  are  on  duty  under  sections  ninety- 
eight  and  ninety-nine,  and  when  practicable,  transporta- 
tion in  kind  shall  be  furnished  by  the  quartermaster 
general  in  lieu  of  the  money  allowances  hereinbefore 
provided. 

Section  133.  There  shall  be  allowed  annually  for 
postage,  stationery  and  office  incidentals  :  To  each  bri- 
gade headquarters,  ten  dollars  for  each  regiment,  bat- 
talion, unattached  company,  signal  and  ambulance  corps 
in  such  brigade  ;  to  each  regimental  and  separate  battalion 
headquarters,  ten  dollars  for  each  company  in  such  regi- 
ment or  battalion ;  to  each  corps  of  cadets,  twenty-five 
dollars ;  and  to  each  company,  signal  and  ambulance 
corps,  ten  dollars. 

Section  134.  There  shall  be  allowed  and  paid  to  each 
person,  not  in  the  military  service  of  the  Commonwealth, 
appeai"ing  before  courts  of  inquiry  or  courts-martial  under 
summons  of  the  president  or  judge  advocate  thereof,  one 
dollar  and  fifty  cents  for  each  day's  attendance  and  four 
cents  for  each  mile  necessarily  travelled  in  obedience  to 
such  summons. 

Section  135.  Courts  of  inquiry  may  be  instituted  by 
the  commander  in  chief  for  the  purpose  of  investigating 
the  conduct  of  any  officer,  either  by  his  own  solicitation 
or  on  a  complaint  or  charge  of  improper  conduct,  degrad- 
ing to  the  character  of  an  officer ;  but  no  such  court  shall 
consist  of  more  than  three  officers,  who  may,  with  the 
approval  of  the  commander  in  chief,  requii'e  a  judge 
advocate  to  attend  such  court  in  taking  testimony  and 
investigating  any  complaint  that  may  come  before  it. 

Section  136.  Such  court  of  inquiry  shall  without 
delay  report  to  the  commander  in  chief  a  statement  of 
facts  and,  when  required,  the  evidence  adduced  and 
opinion  thereon  ;  and  the  commander  in  chief  may,  in  his 
discretion,  thereupon  order  a  court-martial  for  the  trial  of 
the  officer  whose  conduct  has  been  inquired  into,  or  may 
discharge  such  officer,  as  provided  in  section  sixty-three. 

Section  137.     General  courts-martial   for  the  trial  of 


Acts,  1893.  — Chat.  367.  1055 

commissioned  officers  shall  be  ordered  by  the  commander  ofcommissioned 
in  chief  at  such  times  as  the  interests  of  the  service  may  ° 
require,  and  shall  consist  of  not  less  than  three  nor  more 
than  seven  officers,  none  of  whom  shall   be  of  less   rank 
than  the  accused. 

Section  138.      For    the    trial    of    non-commissioned  Trial  of  emieted 

men. 

officers,  musicians  and  privates,  the  commanding  officer 
of  each  brigade  shall,  at  such  times  as  may  be  necessary, 
appoint  a  battalion  or  regimental  court-martial  for  any 
regiment,  battalion  or  unattached  company  in  his  brigade  ; 
in  like  manner  the  commander  in  chief  shall  make  orders 
for  the  corps  of  cadets.  Such  court  shall  consist  of  one 
officer  of  the  line  whose  rank  is  not  below  that  of  major. 
Such  court,  unless  otherwise  directed  by  the  commander 
in  chief,  shall  be  held  at  the  armory  of  the  company,  or, 
in  case  of  a  non-commissioned  stall"  officer,  at  the  head- 
quarters of  the  battalion,  corps  of  cadets,  regiment  or 
brigade  to  which  the  accused  belongs,  and,  subject  to  the 
approval  of  the  officer  ordering  the  court,  may  sentence 
to  be  reprimanded  in  company,  corps,  battalion  or  regi- 
mental orders,  or,  in  case  of  a  company  non-commissioned 
officer,  to  be  reduced  to  the  ranks  ;  and  such  court  may, 
with  the  approval  of  the  commander  in  chief,  sentence  to 
be  reprimanded  in  brigade  orders  or  in  orders  from  general 
headquarters,  to  be  dishonorably  discharged,  or  to  be  dis- 
charged and  disqualified  from  holding  office  in  the  militia 
of  the  Commonwealth. 

Section  139.  In  all  general,  regimental  or  battalion  Proceedings, 
courts-martial  the  arraignment  of  the  accused,  the  pro-  Lnd  sentence. 
ceedings,  trial  and  record  shall  in  all  respects  conform  to 
the  regulations  established  for  the  government  of  the 
militia  of  the  Commonwealth  ;  and  the  sentences  of  such 
courts  shall  be  in  accordance  with  the  nature  and  degree 
of  the  offence  and  according  to  established  military  usage, 
but  shall  not  extend  further  in  time  of  peace  than  dismiss- 
ing or  discharging  the  officer  or  soldier  and  disqualifying 
him  from  holding  any  office  in  the  militia  of  this  Com- 
monwealth. 

Section  140.     The  proceedings  and  sentence  of  every  Report  to  and 
court-martial    shall    without  delay  be  forwarded   to    the  fng  ornVr!^  ^^ 
officer  competent  to  review  the  same,  who  shall  approve 
or  disapprove  of  such  proceedings    and  sentence  within 
fifteen  daya  thereafter ;  but    nothing  in  this  section  shall 
be  construed  to  limit  the  power  of  the  reviewing  officer 


1056 


Acts,  1893.  —  Chap.  367. 


Records  of 
courts  of  in- 
quiry and 
courts-martial. 


President  and 
judge  advocate 
may  summon 
witnesses  and 
administer 
oatha. 


Penalty  for  fail- 
ing to  serve 
summons,  non- 
appearance, etc. 


Offences  for 
which  commis- 
sioaed  officers 
may  be  tried  by 
court-martial. 


to  mitigate  or  commute  the  sentence  of  such  court.  A 
roll  of  the  oflScers  of  the  court  and  of  the  accused  or 
charged  persons  and  witnesses  appearing  before  it,  with 
the  residence  and  number  of  days'  attendance  of  each, 
shall  constitute  a  part  of  the  record  of  every  court  of 
inquiry  or  court-martial. 

Section  141.  The  president  of  every  court-martial  or 
court  of  inquiry,  and  also  the  judge  advocate,  may 
administer  the  usual  oath  to  witnesses,  and  may  issue 
summonses  for  the  accused  and  all  witnesses  whose  attend- 
ance at  such  court  may  in  his  opinion  be  necessary  in 
behalf  of  the  Commonwealth,  and  also  on  application,  for 
all  witnesses  in  behalf  of  the  accused  or  charged  officer  or 
soldier  ;  and  he  may  direct  the  commanding  officer  of  any 
company  to  cause  such  summonses  to  be  served  on  any 
person  who  may  be  a  member  of  his  company,  or  may 
direct  the  commanding  officer  of  any  brigade,  regiment, 
separate  battalion  or  corps  of  cadets  to  serve  such  sum- 
monses on  any  person  who  may  be  a  commissioned  or 
non-commissioned  officer  of  his  staff. 

Section  142.  Any  officer  or  soldier  failing  to  serve 
such  summons,  and  any  witness  failing  to  appear  when  so 
summoned,  and  not  having  a  sufficient  or  reasonable  ex- 
cuse, shall  be  liable  to  trial  by  court-martial  as  for  diso- 
bedience of  orders,  or  may  be  compelled  to  appear  as 
provided  by  chapter  one  hundred  and  ninety-t:vc  of  the 
acts  of  the  year  eighteen  hundred  and  eighty -three. 

Section  143.  Every  commissioned  officer  may  be  tried 
by  court-martial,  for  the  following  offences:  For  unmili- 
tary  or  unofficerlike  conduct ;  for  drunkenness  on  duty  ; 
for  neglect  of  duty  ;  for  disobedience  of  orders,  or  an  act 
contrary  to  the  provisions  of  this  chapter,  or  to  the  pro- 
visions of  the  regulations  for  the  government  of  the 
militia  ;  for  oppression  or  injury  of  any  under  his  com- 
mand ;  for  a  combination  or  attempt  to  break,  resist  or 
evade  the  laws  or  lawful  orders  given  to  a  person,  or  ad- 
vising any  person  so  to  do  ;  for  insult  to  a  superior  officer 
in  the  line  of  military  duty  ;  for  presuming  to  exercise  his 
command  while  under  arrest  or  suspension;  for  neglect 
or  refusal,  w^hen  commanding  officer,  to  order  out  the 
troops  under  his  command  when  required  by  law  or 
ordered  by  his  superior  officer ;  for  neglect  or  refusal  to 
make  a  draft  or  detachment  when  legally  ordered  to  do 
so ;  for  parading  the  troops  under  his  command  on  days 


Acts,  1893.  — Chap.  367.  1057 

of  election  contrary  to  law  ;  for  receiving  any  fee  or  gra- 
tuity as  a  medical  officer  for  a  certificate  of  inability  to  do 
military  duty  ;  for  neglect,  when  detailed  to  train  and 
discipline  a  company,  to  make  complaint  for  neglect  or 
violation  of  duty  as  provided  by  law,  or  for  any  other 
neglect  for  which  a  commanding  officer  of  the  company 
would  be  liable  ;  for  neglect  or  refusal  to  march  or  to 
make  a  draft,  or  for  disobedience  to  an  order  in  case  of 
rebellion  or  insurrection,  as  provided  by  law  ;  for  refusal 
or  neglect  to  obey  a  precept  or  order  to  call  out  the  militia 
or  an  order  issued  in  obedience  thereto,  or  for  advising 
any  officer  or  soldier  to  do  the  like  ;  for  making  a  false 
certificate,  account  or  muster;  or  for  conduct  unbecoming 
an  officer  and  gentleman,  or  to  the  prejudice  of  good  order 
and  military  discipline. 

Section  144.       Any  enlisted   man   may  be    tried    by  offences  for 

,  i'l  TT'i'ii*  i'l  j_   which  enlisted 

court-martial,  —  l^or  disobedience  of   orders,  or  an    act  men  may  be 
contrary  to  the  provisions  of  this  chapter,  or  the  provi-  ^aniaL  '^°"" 
sions  of  the  regulations  for  the  government  of  the  militia, 
or  to  the  by-laws  of  the  organization  to  which  he  belongs  ; 
for  disrespect  to  his  superiors  ;  for  mutiny  ;  for  neglect  of 
duty  ;  or  for  drunkenness  on  duty. 

SectiOiV  145.     No  officer  or  soldier  shall  be  tried  by  Notto  be  tried 
court-martial  for  any  ofience  which  shall  appear  to  have  mi'tuid^mo^rr"' 
been  committed  more  than  two  years  before  the  issuing  beforr^ud^lsaf 
of  the  order  for  such  trial  unless  the  person,  by  reason  of  etc. 
having  absented  himself  from  the  state  or  some  other  im- 
pediment, shall  not  have  been  amenable  to  justice  within 
that  period. 

Section  146.  When  any  portion  of  the  military  forces  when  in  service 
of  the  Commonwealth  is  ordered  by  the  commander  in  dots.TtcTani- 
chief  to  assemble  for  the  purpose  of  suppressing  any  riot,  appiy^^"*° 
insurrection,  invasion,  or  in  time  of  public  danger,  the 
rules  and  articles  of  war  and  general  regulations  for  the 
government  of  the  army  of  the  United  States,  so  far  as 
they  are  applicable  and  with  such  modifications  as  the 
commander  in  chief  may  prescribe,  shall  be  considered 
in  force  and  regarded  as  part  thereof,  during  the  continu- 
ance of  such  service  ;  but  no  punishment  under  such  rules 
and  articles  which  extends  to  the  taking  of  life  shall  in 
any  case  be  inflicted,  except  in  time  of  actual  war,  inva- 
sion or  insurrection,  declared  by  proclamation  of  the  gov- 
ernor to  exist,  and  then  only  after  the  approval  of  the 
commander  in  chief  of  the  sentence  inflicting  such  pun- 
ishment. 


1058 


Acts,  1893.  — Chap.  367. 


Constitutional 
articles  of 
agreement  or 
bylaws  of 
organizations. 


Books,  keeping 
auditing,  in- 
spection, etc. 


Fines. 


Money  charged 
to  an  officer. 


Section  147.  Companies,  corps  of  cadets,  separate 
battalions  or  regiments,  may  adopt  constitutional  articles 
of  agreement  or  by-laws,  su))ject  to  the  approval  of  the 
commander  in  chief,  for  the  government  of  matters  relat- 
ing to  the  interior  economy  of  their  respective  organiza- 
tions, the  regulation  of  fines  for  non-performance  of  duty, 
and  the  determination  of  causes  upon  which  excuses  from 
fines  may  be  based  :  provided,  that  such  articles  or  rules 
shall  not  be  repugnant  to  law  or  the  regulations  for  the 
government  of  the  militia.  These  articles  of  agreement 
or  by-laws  for  unattached  companies,  signal  and  ambu- 
lance corps  shall  be  approved  by  brigade  commanders  ; 
all  others  by  their  respective  regimental  commanders  or 
battalion  commanders  of  artillery  and  cavalry,  the  naval 
brigade  and  corps  of  cadets.  The  books  of  the  treasurer 
and  other  books  of  any  command  shall  at  any  time  be 
examined  by  inspecting  officers  when  on  duty  as  such, 
and  shall  be  subject  to  the  action  of  the  commander  in 
chief  on  receipt  of  the  report  of  such  examination.  All 
organizations  of  the  militia  shall  be  supplied  by  the  quar- 
termaster general  wuth  a  company  fund  book ;  and  the 
commander  in  chief  shall  prescribe  the  manner  of  keeping 
and  auditing  the  same. 

Section  148.  When  regiments,  battalions,  corps  of 
cadets  or  companies  establish  in  their  constitutional  arti- 
cles of  agreement  or  by-laws  the  amounts  which  may  be 
collected  as  fines  from  officers  and  soldiers  of  the  volun- 
teer militia  for  the  non-performance  of  duty,  such  fines 
shall  not  exceed  the  amounts  named  as  follows  :  For  each 
day's  absence  from  camp  or  annual  drill,  five  dollars  ;  for 
each  day's  absence  from  special  duty,  when  ordered  by 
the  commander  in  chief,  or  from  any  parade  ordered  by 
the  commanding  officer  of  a  regiment,  battalion,  corps  of 
cadets,  unattached  company,  signal  or  ambulance  corps, 
three  dollars  ;  for  each  absence  from  company  or  battalion 
drill,  or  meeting  of  officers  or  non-commissioned  officers 
ordered  for  the  purpose  of  instruction,  inspection,  or  from 
an  election,  one  dollar.  Money  charged  to  an  officer  or 
soldier  of  the  volunteer  militia,  under  the  provisions  of 
this  chapter  and  the  by-laws  provided  for  the  organization 
of  which  he  is  or  may  have  been  a  member,  shall  con- 
stitute a  simple  contract  debt  against  him,  and  may  be 
recovered  upon  suit  brought  in  the  name  of  the  officer 
commandino;  such  organization  at  the  time  of  brino^ing  the 


Acts,  1893.  — Chap.  367.  1059 

action,  and  prosecuted  in  accordance  with  the  law  of  this 
Commonwealth  for  the  recovery  of  such  debts  in  any  court 
of  competent  jurisdiction.  Want  of  consideration,  or  the 
fact  that  the  defendant  is  or  was  a  member  of  the  same 
orijanization  as  the  phiintitf,  shall  not  be  defences  in  such 
suit,  and  the  prevailing  party  shall  have  his  costs  without 
regard  to  the  amount  recovered.  This  remedy  shall  be 
in  addition  to' those  named  in  section  one  hundred  and 
thirty-eight. 

Section  149.  The  commander  in  chief  may  make  and  Regulations, 
publish  regulations  for  the  government  of  the  militia  in 
accordance  with  existing  laws.  No  copies  of  law  or  regu- 
lations shall  be  pul)lished  without  an  index  which  shall 
adequately  cover  every  subject  mentioned  in  said  law  or 
regulations. 

Section    loO.      The    system    of   discipline    and    field  united  states 

11  I  f       I        syslera  of  di8- 

exercise    ordered    to    be   observed    by    the    army  oi   the  cipi'ne,  etc.,  to 
United  States,  or  such  other  system  as  may  hei'eafter  be 
directed  for  the  militia  by  the  hiws  of  the  United  States, 
shall  be  observed  by  the  militia. 

Section  151.     No  officer  or  soldier  shall  be  liable  to  Exemption  from 
jury  duty  while  in  the  active  militia  service:    and  any  ^""^^ '*"*^" 
officer  or  soldier  who  has  served  continuously  and  faith- 
fully for  nine   years    in    the   volunteer    militia    shall    be 
exempt  for  life  thereafter  from  the  performance  of  jury 
duty. 

Section  152.     No  officer  or  soldier  shall  be  arrested  N^^ttobe 

.  arreatea  on 

on  civil  process  while  going  to,  remaining  at  or  returninof  civii  process 

^  ,  ^  ,  ^   while  on  duty. 

from,  a  place  where  he  is  ordered  to  attend  for  election 
of  officers  or  military  duty. 

Section  153.  If  an  officer  or  soldier  is  wounded  or  Relief  for 
otherwise  disabled,  or  is  killed  or  dies  of  wounds  received 
while  doing  military  duty  according  to  law,  in  case  of 
invasion,  insurrection  or  disturbance  of  the  peace,  he,  his 
widow  or  children,  shall  receive  from  the  general  court 
just  and  reasonable  relief. 

Section  154.     All  military  accounts  unless  it  is  other-  Military ac 
wise  specially  provided  by  law  shall  annually,  on  or  before  tr°a"n°raiued^o 
the    fifteenth    day   of   December,    be  transmitted    to   the  erft^cl^^"' 
adjutant  general  and  examined,  and  if  found  correct  cer- 
tified  by  him.     They  shall  then,  unless  it  is  otherwise 
specially    provided    by    law,   be    presented    to    the    state 
auditor  for  allowance,  and,  upon  such  allowance,  certified 
by  him  to  the  governor,  shall  be  paid  to  the  persons  to 


injurieB  received 
in  service. 


1060 


Acts,  1893.  — Chap.  367. 


Paymasters' 
vouchers  and 
accnuntR,  tiling, 
auditing,  etc. 


Paymasters' 
bonds. 


Certain  officers 
may  be  re- 
quired to  give 
bond. 


Rolls  of  officers 
and  men  to  be 
forwarded  to 
adjutant  gen- 
eral, etc. 


Sworn  copies  to 
be  furnished  to 
city  and  town 
officers,  etc. 


whom  they  are  personally  due,  or  to  their  order,  at  the 
treasury  of"  the  Commonwealth  ;  and  no  military  account 
shall  be  certified  by  the  adjutant  general  or  allowed  by 
the  auditor  unless  presented  to  the  adjutant  general  for 
allowance  within  the  time  prescribed  in  this  section. 

Section  155.  Paymasters  shall  take  proper  vouchers 
in  duplicate  for  the  payment  of  all  moneys,  and  immedi- 
ately after  the  payment  of  troops  shall  file  with  the 
treasurer  of  the  Commonwealth  an  account  of  their  pay- 
ments, with  the  duplicates  of  their  vouchers  ;  and  such 
accounts  shall  be  audited  by  the  state  auditor,  and  the 
several  paymasters  held  to  account  for  any  and  all  dis- 
crepancies which  may  be  found  to  exist. 

Section  156.  Each  paymaster  shall  give  bond  in  the 
penal  sum  of  ten  thousand  dollars,  with  two  sureties  at 
least,  to  be  approved  by  the  governor  and  council,  and 
conditioned  faithfully  to  discharge  the  duties  of  his  office. 

Section  157.  Any  oflScer  to  whom  any  {)ublic  military 
property  is  at  any  time  issued  may  be  required  to  give 
bond,  with  two  sureties,  satisfactory  to  the  governor  and 
council,  conditioned  faithfully  to  discharge  the  duties  of 
his  ofiBce  ;  to  use  all  necessary  care  in  the  safe  keeping 
of  military  stores  and  property  committed  to  his  custody  ; 
to  account  for  the  same,  and  deliver  over  to  his  successor 
or  to  any  other  person  authorized  to  receive  the  same  all 
such  military  property. 

Section  158.  Rolls  of  the  volunteer  militia,  showing 
the  names  of  all  general,  field,  staff  and  non-commissioned 
staff  officers,  and  the  names  of  all  company  officers  and 
enlisted  men  in  the  service,  shall  be  made  on  the  first  of 
June  in  each  year  and  shall  be  forwarded  to  the  adjutant 
general  within  twenty  days  thereafter ;  those  for  com- 
panies shall  be  prepared  by  the  respective  company  com- 
manders, and  all  others  by  direction  of  the  commanding 
officers  of  the  several  organizations.  A  sworn  copy  of 
such  rolls  shall  be  furnished  by  the  commandino^  officers 
of  companies  and  such  other  organizations,  to  the  mayor 
and  aldermen  of  the  city  or  selectmen  of  the  town  in 
which  such  companies  or  organizations  are  located,  for 
the  purposes  set  forth  in  section  one  hundred  and  fifty- 
one.  The  clerk  of  the  ancient  and  honorable  artillery 
company  shall  furnish  annually,  as  provided  herein,  to 
the  mayor  and  aldermen  of  the  city  of  Boston,  sworn  rolls 
of  all  active  members  belonging  to  the  company. 


Acts,  1893.  — Chap.  367.  1061 

Section  159.     General  and  Hold  officers,  paymasters,  Administration 
the  judge  advocate  general  and  all  judge  advocates  may  ° 
administer  the  oaths  required  in  this  cha[)ter,  except  as 
provided  in  section  tifty-three,  and  also  such  oaths  as  may 
l)e  retjuired  by  the  reguhitions  for  tlie  government  of  the 
militia. 

Section'  IGO.     Mustering  officers  of  corps  of  cadets,  Musteiingoca- 
holding  th^"  rank  of  ca})tain  on  the  sixteenth  day  of  May 
in  the  year  eighteen  hundred  and  seventy-eight,  shall  not 
by  virtue  hereof  be  reduced  in  rank. 

Section  161.     Nothing  contained  in  this  act  shall  be  Rights  of  tiie 
construed  as  affecting  the  right  of  the  ancient  and  honor-  honorable 
able  artillery  company  to  maintain  its  organization  as  a  ^''^^^^''y- 
military  company,  according  to  ancient  usage  and  agree- 
ably to  the  provisions   of  its  constitution  and   l)y-la\vs, 
provided  the  same  are  not  repugnant  to  the  laws  of  this 
Commonwealth  or  do  not  restrain  the  lawful  parade  or 
exercise  of  the  active  militia. 

Section  162.      In  this  chapter  the   word   "  soldier ",  co°^t^;'^^gof^j_ 
shall  include  musicians  and  all  persons  in  the  volunteer  or  dier-aud 

n      1  •!•    •  J  •       •  1         /*T  1      ii         "company." 

enrolled  militia,  except  commissioned  officers  ;  and  the 
word  "company",  shall  include  battery,  signal  and 
ambulance  corps. 

Section  163.     Civil  officers  named  in  this  chapter,  who  Penalty  on  civii 
neglect  or  refuse  to  o1)ey  its  provisions,  shall,  except  as  i'e'^t''or%efu8°a1f" 
otherwise  specially  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars  for  each  offence. 

Section  164.     An  officer  of  the  volunteer  militia  shall  officeitotum 

,  ...  1,  over  property 

on  vacating  an  office  turn  over  to  his  immediate  successor  "nd  rec.rds  to 
or  other  officer  designated  hy  the  commander  in  chief,  all 
records,  reports  and  military  property  in  his  possession 
belonging  or  pertaining  in  any  way  to  such  office. 

Section  165.     No  organization  of  the  militia  shall  be  Troops  not  to 
liable  to  be  ordered  without  the  limits  of  the  state,  and  wuhoutconte'nt 
no  military  organization  shall   leave   the   state,   for  any  °[ch""'""*" 
period  or  purpose  whatever,  with  [)ublic  military  property 
in  its  possession,  or  to  be  used  by  it,  without  the  consent 
of  the  commander  in  chief.     Any  organization  disolieying  Penalty. 
the  provisions  of  this  section  shall  forthwith  be  disbanded 
by  the  commander  in  chief,  and  its  officers  and  members 
be    liable    to    trial  by  court-martial  for  disobedience   of 
orders. 

Section  166.     The  militia  wdien  in  the  service  of  the  Pay, etc., of 
United  States,  if  paid  by  the  Commonwealth,  shall  receive  "ce.'etc!  ^^'^' 


1062 


Acts,  1893.— Chap.  368. 


the  same  pay  and  allowances  as  the  regular  troops  of  the 
United  States ;  and  the  rations  when  commuted  shall  be 
valued  at  the  rate  fixed  by  the  regulations  of  the  United 
States  army  in  force  at  the  time.  When  the  militia  are 
discharged  from  such  service  they  shall  l)e  allowed  pay 
and  rations  to  their  respective  homes. 
Repeal.  SECTION  1G7.     Chapter  four  hundred  and  cleveu  of  the 

acts  of  the  year  eighteen  hundred  and  eighty-seven  and 
all  other  acts  or  parts  of  acts,  excepting  chapter  sixty- 
seven  of  the  resolves  of  the  year  eighteen  hundred  and 
ninety,  inconsistent  with  this  act,  are  hereby  re})ealed. 

Sectiox  168.       This    act    shall   take    effect    upon    its 
passage.  Approved  May  19,  1893. 


OhatJ  368  ^^  ^^^  ^^  provide  for  tue  relocation  and  widening  of  the 

OLD  bridge  over  THE  ACUSHNET  RIVER  BETWEEN  THE  CITY  OF 
NEW  BEDFORD  AND  THE  TOWN  OF  FAIRHAVEN. 


Relocation  and 
wideuing  of 
bridge  over 
Fish  island  and 
Pope's  island. 


Provisos. 


Be  it  enacted,  etc.,  as.  follows : 

Section  1.  The  county  commissioners  of  the  county 
of  Bristol  are  hereby  authorized  and  directed  to  widen  the 
bridge  between  the  city  of  New  Bedford  and  the  town  of 
Fairhaven,  which  leads  over  the  islands  known  as  Fish 
island  and  Pope's  island,  or  to  make  such  changes  in  the 
location  of  the  present  bridge  and  the  approaches  and  any 
way  leading  thereto,  or  any  part  thereof,  as  in  the  judgment 
of  said  commissioners  the  public  necessity  and  convenience 
may  require.  In  any  such  new  location  so  made  the  said 
commissioners  may  reconstruct  the  present  bridge  and 
approaches  or  way,  or  may  construct  a  new  bridge  and 
approaches  and  way,  with  a  width,  in  either  case,  not 
exceeding  one  hundred  feet ;  the  expense  of  constructing 
said  bridge,  outside  of  the  approaches  and  way  thereto  on 
the  New  Bedford  side,  shall  not  exceed  two  hundred 
thousand  dollars  :  provided,  that  any  change  in  the  location 
of  said  bridge,  its  approaches  and  way,  shall  not  be  located 
farther  north  than  the  north  line  of  North  street,  nor 
farther  south  than  the  south  line  of  Middle  street,  in  said 
New  Bedford ;  and  prvvided,  further^  that  said  county 
commissioners  shall  have  the  right  to  remove  any  portion 
of  the  present  bridge  structure  within  tide  water,  not 
needed  to  be  retained  in  the  new  construction,  and  the 
expense  of  such  removal  shall  be  included  in  the  expenses 
of  constructing  the  work  authorized  hereunder. 


Acts,  189:$.  — Chap.  368.  1063 

Section  2.     All    the    right,  title   and   interest  of  thecityofNew 
Commonwealth  or  of  the  public  in  and  to  so  much  of  the  h^ve  umi'l^xer- 
said  existiuii'  old   bridiic,  the  approaches  thereto  and  the  ri'^rhu^powers, 
materials  of  which  it  is  composed,  as  shall  not  l)e  included  <^'°- 
within  any  new  location,  are  hereby  transferred,  so  far  as 
they  exist  within  the   present  limits  of  the  city  of  New 
Bedford,  to  the  city  of  New  Bedford.     Said  city  and  its 
assigns  may  also  continue  to  cover  with  the  present  solid 
structure  and   pile  structure,   and  to  use  for  any  lawful 
purposes,  without  compensation  therefor,  so  much  of  the 
tide  waters  of  the  Commonwealth  as  lie  within  the  limits 
of  said   New  Bedford  and  within  the  harbor  lines   now 
established  by  law,  as  are  covered  by  the  present  bridge 
and  its  api:»roaches,  and  are  not  included  in  the  new  loca- 
tion thereof  which  may  be  made  hereunder. 

Section  3.     In  the  exercise  of  the  powers  granted  by  Provisions  of 
this  act  said  commissioners   shall  be  subject  to  the  pro-  ^'^  °^pp>- 
visions  of  chapter  nineteen  of  the  Public  Statutes  and  all 
other  general  laws  applicable  thereto. 

Section  4.  The  said  county  commissioners  are  hereby  Taking  of  prop. 
authorized  to  take  and  appropriate,  for  the  purpose  of  reco'rdretcf^*' 
constructing  said  highway  bridge  and  approaches,  the 
private  [)roperty  of  any  person,  persons  or  corporations, 
and,  upon  such  taking  upon  due  notice  and  hearing, 
estimate  and  awaid  damages  to  the  owner  or  owners 
thereof,  and  shall  forthwith  file  in  the  registry  of  deeds 
for  the  southern  district  of  the  county  of  Bristol,  a  de- 
scription of  the  property  taken,  with  metes  and  l)ounds, 
and  with  their  apjiraisal  of  the  damages  ])y  them  awarded 
to  the  owner  or  owners  of  said  property.  Any  person 
aggrieved  by  the  award  of  said  county  commissioners 
may,  within  one  year  from  the  tiling  of  the  description 
aforesaid,  apply  for  a  jury  in  the  superior  court  to  appraise 
said  damages,  in  the  same  manner  and  sul)ject  to  the  same 
provisions  as  in  case  of  land  taken  for  a  highway. 

Section  5.     The  expense  of  the  construction  of  said  ^''p^"**'?  °^ 

1  •    1  1      •  1  1  I  T  1      11      •         .         >  construction. 

highway  bridge  and  approaches  and  way  shall,  m  the  hrst 
instance,  be  borne  l)y  the  county  of  Bristol ;  and  the 
commissioners  of  said  county  are  hereby  authorized  and 
directed  to  borrow  on  the  credit  of  said  county  such  sums 
of  money  as  may  from  time  to  time  be  required  for  the 
expenses  of  the  construction  of  the  same.  The  money 
so  borrowed  shall  he  deposited  in  the  county  treasury, 
and  the  county  treasurer  shall  pay  out  the  same  as  ordered 


1064 


Acts,  1893.  — Chap.  3G8. 


Certified  Btate- 
ment  of  cost, 
etc.,  to  be  tiled 
with  clerlj  of 
the  courts. 


ApporlionnQent 
of  expense  of 
construction, 
etc. 


Apportionment 
of  expense  of 
care,  repairs, 
etc.,  of  hiah- 
■way  bridge 
draw,  etc. 


by  the  said  county  commissioners,  and  said  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  borrowed. 

Section    6.     Upon    the    completion    of    the    highway 
bridge  and   approaches  aforesaid,  the  said    county  com- 
missioners   shall    hie    in    the    office    of  the    clerk  of   the 
superior  court  for  the  county  of  Bristol,  a  detailed  state- 
ment, certified  under  their    hands,  of   the   cost    of   said 
highway  bridge  and  approaches,  and  of  the  abolition  of 
any  grade  crossing  as  provided  in  section  ten  of  this  act, 
and   the    amount  of   interest   paid    on   money   borrowed 
under  the  provisions  of  this  act.     At  any  term  of  said 
court  in  said  county,  after  the  filing  of  said  statement, 
upon  the  application  in  writing  of  any  party  interested, 
the  said  court  shall,  upon  such  notice  as  may  be  deemed 
proper,  appoint  a  board   of  three   commissioners,  who, 
having  been  first  duly  sworn  to  the  faithful  and  impartial 
discharge  of  their  duties,   shall,  after  due  notice  to  all 
parties  interested  and  a  hearing  thereon,  determine,  decree 
and  name  the  towns  and  cities  in  said  county,  or  in  the 
county  of  Plymouth,  which  are  or  will  be  specially  bene- 
fited by  the  aforesaid  highway  and  bridge  and  ai)i)roaches, 
and  al)olition  of  any  grade  crossing,  and  determine,  award 
and  name  the  proportion  of  the  expense  of  the  construc- 
tion of  the  same,  not  including  however  the  portion  to  be 
borne  by  the   Commonwealth  and  raib'oad  company,  as 
ascertained  under  section  ten  of  this  act,  that  shall  be  paid 
by  said  cities  and  towns  and  by  said  county  of  Bristol, 
respectively.     Said  commissioners  named  in  this  section 
shall  also  determine  and  name  the  cities  and  towns  b}'^ 
which  the  expense  of  the  care,  maintenance  and  repairs 
of  said  highway  bridge  draw,  including  approaches,  ixhut- 
ments  and   piers,  shall  be  paid,  and  also   determine  and 
name  the  })roportion  of  said  expense  that  shall  be  paid  by 
each  of  such  cities  and  towns.     The  report  of  said  com- 
missioners named  in  this  section,  or  of  the  major  part  of 
the  same,  shall  be  made  in  writing  and  filed  in  the  office 
of  the  clerk  of  the  superior  court  for  the  county  of  Bristol, 
and  a  copy  of  the  same,  certified  by  said  clerk,  shall  be 
forthwith  transmitted  to  the  commissioners  of  said  county 
and  to  each  of  the  several  cities  and  towns  named  in  said 
report ;  and  said  court,  at  the  term  thereof  next  after  the 
filing  of  said  report,  shall,  unless  sufficient  cause  is  shown 


Acts,  1893.  — Chap.  368.  1065 

to  the  contmrv,  accept  and  affirm  said  report  and  enter 
judgment  thereon,  and  the  same  shall  thereupon  be  bhid- 
ing  upon  all  })arties  named  therein.  The  expenses  and 
fees  of  the  commissioners  appointed  by  said  court  shall 
be  ascertained  and  determined  by  said  court,  and  })aid  by 
said  county  of  Bristol 

Section  7.  Within  twenty  days  after  the  entry  of  the  TransmisBion 
judgment  mentioned  in  the  preceding  section,  the  clerk  °lporuetc^\ 
of  said  court  shall  transmit  a  true  and  attested  copy  of  ^x^^te^etc. 
said  report  and  judgment  thereon  to  the  commissioners 
for  the  county  of  Bristol,  and  a  like  copy  to  the  mayors 
of  the  cities  and  selectmen  of  the  towns  mentioned  in  said 
report,  and  each  of  said  cities  and  towns,  liable  under 
said  decree  and  award  to  contribute  to  the  payment  of 
the  construction  of  said  highway  and  Ijridge,  shall  pay  its 
proportion  of  said  ex[)ense  into  the  treasury  of  said 
county  of  Bristol,  in  such  manner  and  in  such  instalments 
as  the  commissioners  for  said  county  shall,  by  a  special 
order,  determine  and  direct ;  and  if  any  city  or  town  shall 
neglect  or  refuse  to  pay  its  proi)ortion  as  recjuired  l)y  said 
order,  the  said  commissioners  for  said  county  shall,  after 
notice  to  such  city  or  town,  and  unless  sufficient  cause  is 
shown  to  the  contrary,  issue  a  warrant  against  said  city 
or  town  for  the  sum  it  was  ordered  to  pay,  with  interest 
and  the  costs  of  the  notice  and  warrant,  and  the  same 
shall  be  collected  and  paid  into  the  county  treasury,  to  be 
applied  in  payment  of  the  expenses  aforesaid. 

Sectiox  8.  Upon  the  completion  of  said  highway  and  nance ™tc°'of 
bridge,  the  said  county  commissioners  shall  cause  notice  bridge,  ap. 
thereof  to  be  served  upon  the  mayor  of  said  city  of  New 
Bedford  and  the  selectmen  of  the  town  of  Fairhaven,  and 
said  notice,  with  the  return  of  the  service  thereof,  shall  be 
filed  in  the  office  of  the  clerk  of  the  superior  court  for  the 
coimty  of  Bristol,  and  thereafter  the  care,  maintenance 
and  superintendence  of  such  parts  of  said  highway  bridge, 
approaches,  draw,  abutments  and  piers  as  lie  within  the 
corporate  limits  of  the  city  of  New  Bedford  and  the  town 
of  Fairhaven,  respectively,  shall  devolve  upon  the  officers 
of  the  said  city  and  town  respectively  charged  with  the 
duty  of  the  care  of  hii^hways  and   bridsres  therein:  and  Liability  for 

\   ,  .      ~     .  defects. 

liability  for  defects  in  said  highway,  bridge,  draw,  piers 
and  abutments  shall  exist  on  the  part  of  said  city  or  town 
for  the  portions  of  the  same  lying  therein,  respectively,  in 
like  manner  as  for  defects  in  town  ways. 


1066  Acts,  1893.  — Chap.  368. 

Proceedings  Section  9.     Before  proceedino;  to  construct  the  works 

prior  to  con-  i>ii  i-  •!  ••  ii- 

Btruction.  authorized  by  this  act,   said  county  commissioners  sliali 

cause  such  preliminary  surveys,  plans  and  drawings  to  l)e 
made,  and  specifications  prepared  of  the  proposed  high- 
way bridge  and  approaches  as  they  deem  proper,  the  ex- 
penses whereof  shall  constitute  a  part  of  the  expenses  of 
erecting  and  constructing  the  works  authorized  by  this 
act,  and  upon  the  ccmipletion  of  said  surveys,  plans,  draw- 
ings and  specifications  the  said  county  commissioners  shall 
give  a  public  hearing,  after  such  notice  to  the  parties  in- 
terested as  they  deem  sufiicient,  upon  the  matter  of  the 
location  and  design  and  construction  of  said  bridge. 

Abolition  of  Section  10.    "instead  of  crossing  the  location  of  the 

grade  crossing  _  O  _ 

over  Old  Colony  Qld  Colouy  railroad  on  the  New  Bedford  side  at  grade, 
the  county  commissioners  may,  if  they  so  decide,  require 
in  writing,  the  mayor  and  aldermen  of  said  city  of  New 
Bedford  to  bring  proceedings  for  the  abolition  of  the  exist- 
ing grade  crossing  over  said  railroad,  and  it  shall  there- 
upon be  the  duty  of  said  mayor  and  aldermen  to  institute 
such  proceedings  ;  and  the  provisions  of  chapter  four  hun- 
dred and  twenty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety  and  acts  amendatory  thereof  shall  be 
applicalde  to  such  proceedings.  And  like  directions  may 
be  given  said  mayor  and  aldermen  by  said  county  com- 
missioners, and  like  proceedings  had  in  case  the  location 
of  said  bridge,  api)roaches  and  way  leading  to  the  same 
or  any  portion  thereof,  shall  Ije  changed  by  said  county  ' 
commissioners  under  the  authority  given  by  this  act  and 
the  provisions  of  chapter  four  hundred  and  twenty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety  and 
acts  amendatory  thereof,  relative  to  the  apportionment  of 
the  cost  between  said  railroad  company  and  the  Common- 
wealth and  the  cit}^  of  New  Bedford,  and  all  other  provi- 
sions of  said  act  of  the  year  eighteen  hundred  and  ninety 
and  acts  amendatory  thereof  shall  apply,  except  that  the 
cost  which  would  thereby  l)e  apportioned  upon  said  city 
shall  be  added  to  the  cost  of  constructino-  the  remaining- 
portion  of  said  bridge,  apjn-oaches  and  Avay,  and  be  appor- 
tioned upon  the  parties  as  provided  in  section  six  of  this 
act :  provided,  that  the  work  to  be  done  in  case  of  abolish- 
ing said  grade  crossing,  or  under  the  })rovisions  of  this 
section,  shall  be  done  by  the  county  commissioners  of  the 
county  of  Bristol. 


Acts,  1893.  — Chaps.  369,  370.  1067 

Section    11.     ^'o  uiombcr  of  the  board  of  county  com-  county  commis- 

,      1,    ,         1.  T,.     1  /»  •  1         jTi   •  J.  sionerB  not  dis- 

missioncrs  shall  be  aisqualihed  trom  serving  under  this  act  qualified  from 
by  reason  of  residino;  in  any  city  or  town  within  the  limits  BonofLbidence, 
of  which  any  })art  of  said  l)ridge  or  its  approaches  may  lie,  ^^''• 
any  })r()vision  of  section  seventeen  of  chapter  twenty-two 
of  the  l*ublic  Statutes  to  the  contrary  notwithstanding. 

Section  12.     Any  debt  incurred  or  loan  issued  by  the  Loan  not  to  be 
city  of  New  Bedford  to  defray  oblioations  of  said  city  aris-  limu  of  cUy  oIe 
ing  under  the  provisions  of  this  act  shall  not  be  included  ^"^'  ^^•^^°'"^- 
within  the  limit  fixed  by  section  two  of  chapter  three  hun- 
dred and  twelve  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five. 

Section  13.     This  act  shall  take  eflect  upon  its  passage. 

Approved  May  19,  1893. 


ChapMd 


An  Act  to  authokize  the  county  commissioners  of  the  county 
of  berkshire  to  borrow  money  on  the  credit  of  the  county 
for  the  purpose  of  replacing  the  steam  boilers  and  mak- 
ing other  repairs  in  the  house  of  correction  at  pitts- 
FIELD. 

Be  it  enacted,  etc. ,  as  follows : 

The  county  commissioners  of  the  county  of  Berkshire  May  borrow 
are   hereby  authorized  to  borrow  on   the  credit  of  said  pi^veme^n'tsTn 
county   a    sum  not   exceeding  six    thousand  dollars,   for  rex"ion°fD''puts. 
defraying  the  expenses  of  replacing  the  steam  boilers  and  '^•'''^• 
their  appurtenances,  building  a  boiler  house  and  coal  shed, 
and  fitting  up  a  bath  room  in  the  house  of  correction  in 
Pittsfield ;    but    no    sum    shall    be    borrow-ed    under   the 
authority  hereby  granted  in  excess  of  the  amount  actually 
and  necessarily  expended  for  the  purposes  aforesaid. 

Approved  May  19,  1893. 

An  Act  to  provide  extra  clerical  assistance  for  the  clerk  fjl^nj)  Q7Q 

OF   THE   THIRD    DISTRICT   COURT   OF   EASTERN   MIDDLESEX.  "^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  clerk  of  the  third  district  court  of  ^'^^^^'/^f'^,!" 
eastern    Middlesex   shall    be   allowed   for   extra   clerical  of  third  di«irict 

..  ,  Tr>iiiiii  •       court  of  eastern 

assistance  a  sum  not  exceeding  nve  hundred  dollars  in  Middlesex. 
any    one  year,    upon    his    certificate  that   the   work  was 
actually  performed  and  was  necessary,  with  the  time  occu- 
pied and  the  names  of  the  persons  by  whom  the  work  was 
performed,  such  sum  to  be  approved  by  the  county  com- 


1068 


Acts,  1893.  — Chaps.  371,  372. 


missionei's  of  Middlesex  county  in  writing,  and  to  be  paid 
from  the  county  treasury,  monthly,  to  the  person  or  per- 
sons employed. 

Sectiox  2.     This  act  shall  take  eiFectupon  its  passage. 

Approved  May  19,  1893. 


Chap 


Clerical  assist- 
ance for  clerk 
of  municipal 
court  of  the  city 
of  Boston  for 
civil  business. 


.371  ^^  ^^^  ^*^*  PROVIDE  ADDITIONAL  CLERICAL  ASSISTANCE  FOR  THE 
CLERK  OK  THE  MUNICIPAL  COURT  OF  THE  CITY  OF  BOSTON  FOR 
CIVIL   BUSINESS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  clerk  of  the  municipal  court  of  the 
city  of  Boston,  for  civil  business,  shall  b^  paid  by  the 
county  of  Suffolk  six  hundred  dollars  for  additional  cleri- 
cal assistance,  in  addition  to  and  in  the  manner  provided 
for  the  amount  now  paid  by  the  said  county  for  extra 
clerical  assistance. 

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

Approved  May  19,  1893. 


Chap 


Uniform  rules 
of  practice  and 
procedure  in 
courts  of  pro- 
bate and  insol- 
vency. 


Expenses. 


.372   ■'^^     ^^'^    '^^     PROVIDE     FOR     UNIFORM     RULES     OF    PRACTICE     AND 
PROCEDURE   IN    THE   COURTS    OF   PROBATE   AND   INSOLVENCY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  judges  of  the  several  courts  of  probate 
and  insolvency  are  hereby  instructed  to  confer,  and  pre- 
pare, before  the  first  day  of  Sei)tember  in  the  year 
eighteen  hundred  and  ninety-three,  rules  of  practice  and 
procedure  in  said  courts,  and  also  blanks  for  use  in  said 
courts  ;  which  rules  and  l)lanks  shall  l)e  submitted  to  the 
supreme  judicial  court  for  approval ;  and  when  approved 
by  the  last  named  court  or  a  majority  of  the  justices 
thereof  shall  take  effect  and  be  in  force  in  all  courts  of 
probate  and  insolvency.  And  said  judges  of  probate  and 
insolvency  ma}^  from  time  to  time  make  new  rules  and 
blanks,  which  new  rules  and  Ijlanks  shall,  when  approved 
by  the  supreme  judicial  court  or  a  majority  of  the  justices 
thereof,  take  effect  and  be  in  force  in  all  courts  of  probate 
and  insolvency. 

Section  2.  The  said  judges  of  prol)ate  and  insolvency 
shall  make  a  report  to  the  governor  of  such  expenses  as 
may  have  been  incurred  in  carrying  out  the  provisions  of 
this  act,  and  upon  the  ap]:>roval  of  the  same  by  the 
governor  and  council  they  shall  be  allowed  and  paid  in 


Acts,  1893.  — Chaps.  373,  374.  1069 

the  s:imc  nuinner  as  other  chiims  aiiainst  the  Common- 
■\vealth. 

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

Approved  May  19,  1893. 

An  Act  to  provide  for  resubmitting  to  the  city  of  malden  (JJidfyJ^^^ 

THE   QUESTION    OF    THE    ACCEPTANCE    OF    AN    ACT    RELATING   TO 
THE  INCURRING   OF   INDEBTEDNESS   FOR   PARK   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

The  question  of  the  acceptance  of  chapter  one  hundred  JeBu'i.mftted  to 
and  tiftv-five  of  the  acts  of  the  year  eiirhteen  hundred  and  ^'o'ern  for  ac 

•^  r       •  1  •  /•    ceptance. 

ninety-two,  entitled,  an  act  to  authorize  the  city  oi 
Maiden  to  incur  a  del)t  for  park  purposes  Ijeyond  the 
limit  fixed  1)y  law,  shall  be  again  sul)initted  to  the  qualified 
voters  of  the  city  of  Maiden  at  the  next  annual  municipal 
election  held  therein,  and  if  accepted  by  a  majority  vote 
of  the  voters  present  and  voting  thereon  said  act,  except 
sections  six  and  seven  thereof,  shall  take  efi'ect  from  the 
date  of  said  vote,  and  thereafter  shall  have  the  same  force 
as  if  it  had  been  accejTted  as  provided  therein. 

Approved  May  19,  1893. 

An  Act  to  authorize  the  fitchburg  and  ueominster  street  njjnj)  374 

RAILWAY     COMPANY     TO      EXTEND     ITS     TRACKS,      INCREASE     ITS 
CAPITAL   STOCK   AND   ISSUE   BONDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Fitchburg  and  Leominster  Street  ^f,^!'^*®"^ 
Railway  Company  may,  subject  to  the  approval  and  under 
the  control  of  the  selectmen  of  the  several  towns,  as 
provided  l>y  general  law,  locate,  construct,  maintain  and 
operate  its  railway,  with  single  or  doulile  tracks,  and  with 
convenient  and  suitable  turn-outs,  switches  and  connec- 
tions, through  and  over  any  streets  and  highways  in  the 
towns  of  Westminster,  Gardner,  Lunenburg,  Sterling, 
Lancaster  and  Clinton,  and  in  each  of  said  towns,  and 
over  any  private  lands  that  it  may  acquire  ])y  purchase, 
lease  or  otherwise,  in  any  city  or  town  in  which  said 
corporation  is  or  may  become  authorized  to  acquire 
locations. 

Section  2.     Said  company  may  maintain  and  o[)erate  its  Motive  power, 
railway  over  any  locations  which  have  l)een  or  may  l)e  granted  streets, "erection 
to  it,  by  electricity  or  any  a})proved  motive  power  other  ptc.^°'''"'  ^"^^*' 
than  steam,  and  with  the  consent  of  the  mayor  and  alder- 
men or  selectmen  of  the  respective  cities  or  towns  in  which 


1070 


Acts,  1893.  — Chap.  374. 


May  acquire 
franchises,  etc., 
of  or  coneoli- 
daie  with  other 
railway  corpo- 
rations, etc. 


May  Increase 
capital  stock  or 
issue  mortgage 
bonds,  etc. 


said  locations  have  been  or  may  be  granted,  may  make  such 
underground  alteration  of  the  streets  or  ways  and  erect 
and  maintain  such  poles  and  wires  as  may  be  necessary  to 
establish  and  maintain  such  motive  power.  It  may  acquire 
by  purchase  or  by  lease  all  necessary  real  estate  for  its 
power  stations  and  other  uses  incidental  to  the  proper 
maintenance  of  its  railway. 

Sectiox  3.  Said  company  may  acquire  and  hold,  either 
by  purchase  and  sale  or  by  lease,  the  whole  or  any  part 
of  the  property,  rights  and  franchises  of  any  other  street 
railway  company  or  companies  which  now  have  or  may 
acquire  a  location  in  Fitchburg  and  Leominster,  or  in 
any  of  the  towns  mentioned  in  section  one  of  this  act  in 
which  locations  have  been  or  may  be  granted  to  said  Fitch- 
burg and  Leominster  Street  Railway  Company,  or  may 
unite  and  consolidate  with  said  other  company  or  com- 
panies ;  and  said  other  company  or  companies  may  each 
lease,  sell,  convey  and  assign  to  said  Fitchburg  and  Leom- 
inster Street  Railway  Company  the  whole  or  any  part 
of  its  property,  rights  or  franchises,  and  may  unite  and 
consolidate  with  said  Fitchburg  and  Leominster  Street 
Railway  Company;  but  any  such  purchase,  sale,  lease  or 
consolidation  shall  not  be  valid  unless  agreed  to  by  the 
board  of  directors  of  each  corporation  and  approved  by  a 
majority  in  interest  of  the  stockholders  of  each  corpora- 
tion, at  meetings  called  for  the  purpose,  and  with  the 
approval  of  the  board  of  railroad  commissioners ;  and  in 
case  of  such  purchase  of  the  entire  property,  rights  and 
franchises  of  another  corporation,  the  said  Fitchburg  and 
Leominster  Street  Railway  Company  shall  have,  hold, 
exercise  and  enjoy  all  the  locations,  powers,  privileges, 
rights,  franchises,  property  and  estates  which  at  the  time 
of  such  purchase  shall  belong  to  or  in  any  way  be  owned 
by  the  corporation  so  selling,  and  shall  be  subject  to  all 
the  duties,  restrictions  and  liabilities  to  which  the  corpo- 
ration so  selling  shall  then  be  subject. 

Sectiox  4.  For  the  purpose  of  providing  the  means 
for  carrying  out  the  authority  hereby  granted,  and  for 
building  or  rebuilding  its  road  over  locations  now  or  here- 
after granted,  and  for  equij)ping  the  same,  said  Fitchburg 
and  Leominster  Street  Railway  (^ompany  may  from  time 
to  time  by  a  vote  of  a  majority  in  interest  of  its  stock- 
holders at  meetings  called  for  the  purpose,  increase  its 
capital   stock  to  an  amount   not  exceeding  live  hundred 


Acts,  1893.  — Chap.  375.  1071 

thousand  dollars,  such  additional  stock  to  be  disposed  of 
in  the  manner  provided  in  section  sixteen  of  chapter  one 
hundred  and  thirteen  of  the  Public  Statutes  ;  or  in  place 
of  a  ])ortion  of  such  additional  stock  said  company  may 
by  a  like  vote  issue  an  ecjual  amount  of  coupon  or  reo:is- 
tered  bonds  bearing  interest  not  exceeding  six  per  centum 
per  annum,  for  a  term  not  exceeding  thirty  years  from  the 
date  thereof,  but  the  total  amount  of  bonds  so  issued  shall 
not  exceed  the  amount  of  its  capital  stock  actually  paid  in 
at  the  time  of  issuing  such  bonds  ;  and  to  secure  the  pay- 
ment of  said  bonds  said  company  may  make  a  mortgage 
of  its  road  and  franchise  and  the  whole  or  any  part  of  its 
other  property,  and  may  include  in  such  mortgage  prop- 
erty thereafter  to  be  acquired,  and  may  therein  reserve  to 
the  directors  the  right  to  sell  or  otherwise  in  due  course 
of  Inisiness  to  dispose  of  property  included  therein  Avhich 
may  become  worn,  damaged  or  otherwise  unsuitalde  for 
use  in  the  operation  of  its  road,  provided  that  an  efpiiva- 
lent  in  value  shall  be  substituted  therefor. 

Section  5.     All  bonds  so  issued  shall  first  l)eai)i)roved  Approval  and 

.  •         n         1  certihcation  of 

by  some  person  appomted  by  the  corporation  tor  that  pur-  bonds. 
pose,  who  shall  certify  upon  each  bond  that  it  is  pro[)erly 
issued  and  recorded ;  and  such  certiticate  shall,  as  regards 
bona  tide  holders  be  conclusive  of  the  regularity  of  the 
issue  and  sale  of  the  bonds. 

Section  6.     This  act  shall  take  etiect  upon  its  passage,  Tobevoidun- 
and  shall  be  void  unless  said  railroad  is  located  within  two  locateTand 
years  and  constructed  within  four  years  after  the  passage  constructed, etc. 
f)f  this  act.  Approved  May  19,  1893. 

An  Act  to  authorize  the  newton  street   railway  company  H'kf,^  Qfrcr 

TO   EXTEND   ITS   TRACKS    AND   INCREASE   ITS   CAPITAL   STOCK.  "' 

Be  it  enacted,  etc.,  as  follozvs : 

Section  1.  The  Newton  Street  Railway'  Company  is  May  extend 
hereby  authorized,  under  the  restrictions  of  its  charter,  to  ^'^''^^'  ^^°- 
extend  its  tracks  into  and  over  such  streets,  highways  and 
public  places  in  Needham,  Wellesley,  Weston,  Lincoln, 
Lexington,  Belmont,  and  to  Oak  square,  and  to  the  junc- 
tion of  Beacon  street  and  Chestnut  Hill  avenue,  both  in 
that  part  of  Boston  known  as  Brighton,  as  shall  be  approved 
and  agreed  to  by  the  selectmen  of  the  respective  towns 
and  the  mayor  and  aldermen  of  the  city  of  Bloston ;  and 
the  locations  so  granted  in  the  city  of  Boston  shall  be  valid 
only  when  approved  by  the  railroad  commissioners. 


1072  Acts,  1893.  — Chap.  375. 

^iSJlTor'        Section  2.     The  said  company  is  hereby  authorized  to 
etreeis.  erection  operate  its  railway  with  horses,   electricity,  or  any  other 

of  Dol68   wircSi  *j  '  %j 

etc.      '  motive  power  except  steam,  w^iich  said  selectmen  of  the 

towns  or  the  mayor  and  aldermen  of  the  city  may  from 
time  to  time   permit,  and  may,  with  the  consent  of  the 
said  selectmen  of  said  towns  or  the  mayor  and  aldermen  of 
said  city,  make  such  underground  alterations  of  the  streets, 
highways  and   pul)lic   places,   and  erect   such   poles  and 
wires  as  may  be  necessary  to  establish  and  maintain  any 
system  of  electric  motive  power  which  it  may  at  any  time 
adopt, 
^te^e'tc^'iai'i^'"^'      Sectiox  3.     The  said  company  is  hereby  authorized  to 
way  on  private    build,  maintain  and  operate  its  railway  and  cars  over  and 
upon  private  land  which  may  be  acquired  by  purchase  or 
lease  for  that  purpose,  or  where  permission  can  be  obtained 
of  the  owners, 
^^uirstock!  Section  4.     The   capital   stock  of  the  said  company 

may  be  increased  from  time  to  time  by  an  amount  not 
exceeding  twenty-five  thousand  dollars  per  mile  for  new 
construction,  for  the  purpose  of  making  such  extensions, 
purchasing    real  estate    needed  in  the  operation   of  said 
railway,  equipments  and  the  building  of  power  stations, 
car  houses  and  other  necessary  purposes,  also  for  the  pur- 
pose of  funding  its  floating  debt  and  for  any  other  legiti- 
mate   purpose   in    connection   with  the    operation   of  its 
railway  ;  but  the  increa-e  above  authorized  shall  not  exceed 
in  the  aggregate  three  hundred   and  sixty-flve  thousand 
dollars. 
May  purchase         Section  5.     Said  compauy  may  purchase,  consolidate 
Sro^Tonioudate  witli  or  Icasc  at  any  time,  with  the  approval  of  the  board 
wayco^p'o'ra'^''"    ^^  raili'oad  commissioucrs,  the  whole  or  any  portion  of  the 
tions,  etc.  propert3%  rights    and   franchises    of  any  other  company 

w^ithin  the  towns  or  city  before  mentioned,  and  may  at 
any  time  sell  or  lease  its  property,  rights  and  franchises, 
or  any  portion  thereof,  with  the  approval  of  the  board  of 
railroad  commissioners,  and  any  such  other  company  shall 
Proviso.  have  similar  power  :  provided,  however,  that  such  purchase, 

consolidation  or  lease  shall  not  be  valid  unless  agreed  to 
by  a  majority  of  the  directors  of  the  purchasing,  con- 
solidating, selling  or  leasing  corporations ;  and  said  acts 
of  the  boards  of  directors  shall  be  approved  by  the  majority 
in  interest  of  the  stockholders  of  each  corporation  at 
meetings  called  for  that  purpose  ;  this  section  shall  not 
aflect  the  terms  of  existing  orders  of  location  g-ranted  to 


Acts,  1893. —  Chaps.  376,  377.  1073 

said  company  l)v  (he  mayor  and  aldermen  of  said  city  of 
Newton. 

Section  G.     The  Newton  Street  Kailwav  Company  may,  Mayincreafe 

rt  ,  .  1    •  •  ,•    '        £•   j^i  •  -      1        capital  Block. 

for  the  ])urpo8es  mentioned  in  section  nve  ot  this  act,  by 
a  vote  of  two  thirds  in  interest  of  its  stockholders,  at 
meetings  called  and  held  for  that  jnirpose,  increase  its 
capital  stock  to  an  amount  not  exceeding  the  capital  stock 
of  the  company  ])urchased  or  consolidated  with. 

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

Approved  May  19,  1893. 

An  Act  to  restrict  the  payment  of  expenses  of  natukali-  QJiav.SlQ 

ZATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     No  political    committee,   and    no    person  Payment  of 
who  is  required  by  the  provisions  of  chapter  four  hundred  naruraUziuioD 
and  sixteen  of  the  acts  of  the  year  eighteen   hundred  and  '■estncted. 
ninety-two  to  file  a  statement,  shall  make  any  payment  or 
promise  of  payment  of  money  to  or  on  behalf  of  any  per- 
son for  fees  for  the  primary  or  final  declaration  or  a})pli- 
cation  for  naturalization,  or    for    services   as    counsel  or 
otherwise  in  assisting  any  one  to  make   such  declaration 
or  application. 

Section  2.     Whoever  violates  any  of  the  provisions  of  Penalty, 
this  act  shall  be  punished  by  fine  not  exceeding  one  thou- 
sand dollars. 

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

Apjproved  May  19,  1893. 

An  Act  relative  to  defining  the  powers  and  duties, of  the  fJJinr)  377 

BOARD   of   street   COMMISSIONERS   OF   THE   CITY   OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  of  chapter  one  hundred  and  i^so,  144  §i, 

/>  /•  /•!  n      ^  •!  1111    afnended. 

forty-four  ot  the  acts  of  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  inserting  after  the  w^ord 
"anew",  in  the  fourteenth  line,  the  words  :  —  assessing 
betterments  under  chapter  fifty-one  of  the  Public  Statutes, 
—  and  by  inserting  in  the  twenty-third  line,  after  the 
word  "  council",  the  words  :  — Said  board  of  street  com- 
missioners are  also  authorized  and  empowered  to  lay  out, 
alter,  widen,  locate  anew,  grade  or  discontinue  any  high- 
way, and  to  assess  betterments  therefoi   under  the  pro- 


1074 


Acts,  1893.  — Chap.  377. 


Powers  and 
duties. 


visions  of  chapter  fifty-one  of  the  Public  Statutes  and  any 
amendments  or  additions  thereto,  except  the  provisions  of 
sections  nine,  ten  and  fifteen  of  said  chapter  fifty-one,  —  so 
street  comrats.  as  to  read  as  follows  :  —  Section  1.  The  mayor  and  alder- 
ment"erm'of°  mcu  of  thc  city  of  Maldcu  shall  appoint  three  persons  to  be 
office,  vacancies,  street  commissioucrs,  one  for  three  years,  one  for  two  years 
and  one  for  one  year,  and  shall  thereafter  annually  appoint 
one  person  for  three  years.  The  city  council  may  by 
ordinance  fix  the  time  of  said  appointment  and  the  time 
when  said  term  of  service  shall  commence.  The  commis- 
sioners shall  hold  their  office  until  others  shall  be  chosen 
and  qualified  in  their  stead.  Vacancies  may  be  tilled  by 
the  mayor  and  aldermen  at  any  time,  and  removals  may 
])e  made  by  them  for  cause.  The  persons  so  appointed 
shall  constitute  the  board  of  street  commissioners.  All 
of  the  powers  now  vested  in  the  city  council  in  respect  to 
the  laying  out,  accepting,  widening,  altering,  locating 
anew,  assessing  betterments  under  chapter  fifty-one  of  the 
Public  Statutes,  discontinuing  or  repairing  any  highway, 
town  way  or  private  way,  and  all  the  powers  now  vested 
in  the  mayor  and  aldermen  in  respect  to  establishing, 
grading  and  constructing  sidewalks,  and  completing  par- 
tially constructed  sidewalks,  and  making  assessments  upon 
the  abutters  upon  such  sidewalks,  are  hereby  conferred 
upon  and  shall  be  exercised  by  the  board  of  street  com- 
missioners ;  but  the  board  shall  not  incur  or  authorize  any 
expenditures  without  a  previous  appropriation  therefor  by 
the  city  council.  Said  board  of  street  commissioners  are 
also  authorized  and  empowered  to  lay  out,  alter,  widen, 
locate  anew,  grade  or  discontinue  any  highway,  and  to 
assess  betterments  therefor  under  the  provisions  of  chap- 
ter fifty-one  of  the  Public  Statutes  and  any  amendments 
or  additions  thereto,  except  the  provisions  of  sections  nine, 
ten  and  fifteen  of  said  chapter  fifty-one.  Applications  for 
laying  out,  accepting,  widening,  altering,  locating  anew  or 
discontinuing  any  highway,  town  way  or  private  way,  and 
for  establishing  and  constructing  sidewalks,  may  be  made, 
and  notice  given  and  proceedings  had  thereon,  in  such 
manner  and  under  such  regulations  as  may  be  prescribed 
in  the  ordinances  of  said  city.  The  compensation  of  the 
street  commissioners  shall  be  fixed  by  the  city  council. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  19,  1893, 


Compensation. 


Acts,  1893.  — Chap.  378.  1075 


Ax  Act  to  revise  the  chahtek  of  the  city  of  lyxn.  Ohnn  ^7S 

Be  it  enacted^  etc. ,  as  folloivs  : 

Section  1.  The  inhabitants  of  the  city  of  Lynn  sliall  cityofLynn. 
continue  to  be  a  munici})al  corporation,  under  the  name 
of  the  City  of  Lynn,  and  a,s  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges, 
and  shall  be  subject  to  all  the  duties,  liabilities  and  obli- 
gations provided  for  herein,  or  otherwise  pertaining  to  or 
incumbent  upon  said  city  as  a  municipal  corporation. 

Section  2.     The  government  of  the  city  and  the  gen-  Government 
eral  management  and  control  of  all  the  fiscal,  prudential  ma^nfgemeit 
and  municipal  afiairs  thereof  shall  be  vested  in  a  single  of  affairs. 
officer,  to  be  called  the  mayor,  and  in  a  legislative  body, 
to  be  called  the  city  council,  except  however  that  the  gen- 
eral management  and  control  of  the  public  schools  of  the 
city,  and  of  the  buildings  and  property  pertaining  to  such 
schools,  shall  be  vested  in  a  school  committee. 

Section  3.  The  territoiy  of  the  city  shall  continue  to  seven  wards, 
be  divided  into  seven  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  gen- 
eral law  relating  thereto,  in  any  year  fixed  by  law  for  a 
new  division  of  wards  in  cities,  by  vote  of  the  city  council, 
approved  b}-  the  mayor,  at  or  prior  to  the  making  of  such 
division  ;  but  the  numlier  of  wards  shall  never  be  less  than 
seven. 

Section  4.  All  meetings  of  the  qualified  voters  of  warrants  for 
the  city  for  the  purpose  of  voting  at  elections  and  for 
other  municipal  or  legal  purposes  shall  be  called  by  war- 
rants issued  by  order  of  the  board  of  aldermen,  which 
shall  be  in  such  form  and  be  served  and  returned  in  such 
manner  and  at  such  time  as  the  city  council  may  by  ordi- 
nance direct. 

Section  5.     The  municipal  election   shall  take  place  Annual  munici- 
annually  on  the   second  Tuesday  of  December,  and  the  p^i  election. 
municipal  year  shall  begin  at  ten  o'clock  in  the  forenoon 
on  the  first  Monday  of  January  and  continue  until  ten 
o'clock  in  the  forenoon  on  the  first  Monday  of  the  follow- 
ing January. 

Section  6.     At   the   municipal    election  the   qualified  ^j^tedVa^ 
voters  shall,  in  the  several  wards,  give  in  their  votes  by  plurality  vote. 
ballot  for  mayor  and  for  members  of  the  city  council  and 
of  the  school  committee,  or  for  such  of  them  as  are  to  be 
elected,  and  the  person  receiving  the  highest  number  of 


1076 


Acts,  1893.  — Chap.  378. 


Vacanciee  in 
office. 


General  meet- 
ings of  voters. 


City  council. 


votes  for  any  office  shall  be  deemed  and  declared  to  be 
elected  to  such  office ;  and  whenever  two  or  more  persons 
are  to  be  elected  to  the  same  office,  the  several  persons, 
up  to  the  number  required  to  be  chosen,  receiving  the 
highest  number  of  votes  shall  be  deemed  and  declared  to 
be  elected. 

Section  7.  If  it  shall  appear  that  there  is  no  choice 
of  mayor,  or  if  the  person  elected  to  that  office  shall  refuse 
to  accept  the  office,  or  shall  die  before  qualifying,  or  if  a 
vacancy  in  the  office  shall  occur  more  than  six  months 
previous  to  the  expiration  of  the  term  of  office  of  a  mayor, 
the  board  of  aldermen  shall  forthwith  cause  warrants  to 
be  issued  for  a  new  election,  and  the  same  proceedings 
shall  be  had  in  all  respects  as  are  hereinbefore  provided 
for  the  election  of  mayor ;  and  such  proceedings  shall  be 
repeated  until  the  election  of  a  mayor  is  completed.  If 
the  full  number  of  members  of  the  city  council  then 
required  to  be  chosen  shall  not  be  elected  at  the  annual 
municipal  election,  or  if  a  vacancy  in  the  office  of  a  mem- 
ber thereof  shall  occur  more  than  six  months  previous  to 
the  expiration  of  his  term  of  office,  the  board  of  aldermen 
shall  forthwith  cause  a  new  election  to  be  held,  as  afore- 
said, to  fill  the  vacancy.  In  case  a  vacancy  in  the  office 
of  mayor  or  of  a  member  of  the  city  council  shall  occur 
within  the  six  months  previous  to  the  expiration  of  his 
term  of  office,  the  city  council  may,  in  its  discretion, 
order  a  new  election  to  be  held,  as  aforesaid,  to  fill  the 
vacancy. 

Section  8.  General  meetings  of  the  qualified  voters 
of  the  city  may  from  time  to  time  be  held  according  to 
the  right  secured  to  the  people  by  the  constitution  of  the 
Commonwealth,  and  such  meetings  may  and  upon  the 
request  in  writing  of  one  hundred  qualified  voters  setting 
forth  the  purposes  thereof  shall  be  called. 

Section  9.  The  city  council  shall  be  composed  of  two 
branches,  one  of  which  shall  be  called  the  board  of  alder- 
men and  the  other  the  connnon  council.  The  board  of 
aldermen  shall  be  composed  of  nine  meml^ers,  who  shall 
be  elected  annually  by  and  from  the  qualified  voters  of 
the  city.  Not  more  than  two  aldermen  shall  be  elected 
from  any  one  ward.  The  common  council  shall  be  com- 
posed of  twenty-five  members,  who  shall  be  elected 
annually  l)y  and  from  the  (jualified  voters  of  each  ward  : 
—  One   from  ward   one,  tw^o  from   ward  two,   five  from 


Acts,  1893.  — Chap.  378.  1077 

ward  three,  live  from  ward  four,  live  from  ward  five,  five 
from  ward  six,  and  two  from  ward  seven,  and  shall  hold 
ofiioe  for  the  municipal  year  next  succeeding  their  election. 
The  city  council  may,  in  any  year  fixed  by  law  for  a  new 
division  of  wards,  apportion  the  members  of  the  common 
council  among  the  several  wards  as  nearly  as  may  be  on 
the  basis  of  population,  and  the  qualified  voters  of  each 
ward  shall  elect  from  among  their  numlier  the  members 
of  the  common  council  to  which  it  shall  be  entitled  on 
such  apportionment. 

Section  10.  The  mayor  elect  and  the  members  elect  oaths  of  office. 
of  the  city  council  shall  on  the  first  Monday  in  the  January 
succeeding  their  election,  at  ten  o'clock  in  the  forenoon, 
assemble  together  and  l)e  s\vorn  to  the  fiiithful  discharge 
of  their  duties.  In  case  of  the  absence  of  the  mayor  elect 
on  the  first  Monday  in  January,  or  if  a  mayor  shall  be 
subsequently  elected,  the  oath  of  ofhce  may  at  any  time 
thereafter  l)e  administered  to  him  in  the  presence  of  the 
city  council ;  and  at  any  time  after  the  first  Monday  in 
January  the  oath  of  office  may  be  administered  in  the 
presence  of  either  branch  of  the  city  council,  to  a  member 
of  such  l)ranch  who  was  absent  on  the  first  Monday  in 
January,  or  who  shall  be  subsequently  elected.  A  certifi- 
cate that  such  oath  has  been  taken  by  the  mayor  shall  be 
entered  in  the  journal  of  both  branches  of  the  city  council, 
and  in  the  journal  of  each  branch  shall  be  entered  a  cer- 
tificate that  the  oath  has  been  so  taken  l)y  the  memliers 
of  that  branch. 

Sectiox  11.  Directly  after  the  oaths  of  office  have  organization  of 
been  administered  each  branch  of  the  city  council  shall  "'^  '^""""^ " 
meet  and  f)rganize  by  the  election  by  ballot  of  a  president, 
and  no  other  business  shall  l)e  in  order  until  a  president 
has  l)een  chosen.  The  president  of  the  board  of  aldermen 
shall  preside  at  all  meetings  of  the  board  in  the  absence 
of  the  mayor.  The  city  clerk  shall  also  be  the  clerk  of 
the  board  of  aldermen,  but  in  case  of  a  vacancy  in  the 
office,  the  board  of  aldermen  may  elect  a  temporary  clerk 
by  ballot,  who  shall  be  sworn  to  the  faithful  discharge  of 
his  duties  and  act  as  clerk  of  the  board  until  a  city  clerk 
is  chosen  and  qualified.  The  common  council  shall  elect 
its  own  clerk,  who  shall  be  sworn  to  the  faithful  discharge 
of  his  duties  in  the  presence  of  the  common  council. 
Each  clerk  shall  attend  the  sessions  of  the  branch  for 
which  he  is  elected,  shall  keep  a  record  of  its  proceedings, 


1078 


Acts,  1893.  — Chap.  378. 


Removals  from 
office. 


Vacancy  in 
office  of  city 
clerk. 


Each  brancli  to 
be  judge  of 
election  of  its 
members,  etc. 


Special  meet- 
ings. 


Quorum. 


Transaction  of 
business. 


Salary  of 
mayor. 


and  shall  perform  such  further  service  as  such  branch  may 
require.  The  president  of  the  board  of  aldermen  may  be 
removed  from  office  by  the  affirmative  votes  of  three 
fourths  of  all  the  members  of  said  board.  The  president 
and  clerk  of  the  common  council  may  each  be  removed 
by  the  affirmative  vote  of  three  fourths  of  all  the  members 
of  the  common  council.  In  case  of  the  temporary  absence 
or  disability  of  the  city  clerk  the  mayor  may,  with  the 
consent  of  the  board  of  aldermen,  appoint  a  city  clerk  pro 
tempore,  who  shall  be  duly  sworn.  In  case  of  a  vacancy 
in  the  office  the  same  shall  be  tilled  liy  the  city  council. 

Section  12.  Each  branch  of  the  city  council  shall  be 
the  judge  of  the  election  and  qualifications  of  its  own  mem- 
bers, shall  determine  the  rules  for  its  own  proceedings, 
and  may  appoint  such  assistant  clerks  and  other  officers 
as  may  be  necessary  for  the  proper  conduct  of  its  own 
business. 

Section  13.  The  mayor  may  at  any  time  call  a  special 
meeting  of  the  city  council,  or  of  either  ])ranch  thereof, 
and  shall  call  a  special  meeting  of  either  branch  upon  the 
request  in  writing  of  one  third  of  the  members  of  that 
branch.  Such  request  shall  state  the  subjects  to  be  con- 
sidered at  the  meeting.  The  mayor  shall  cause  a  written 
notice  of  any  meeting  called  under  this  section,  stating 
the  subjects  to  be  considered  thereat,  to  be  left  at  the 
usual  place  of  residence  of  each  member  at  least  twenty- 
four  hours  previous  to  the  time  appointed  for  the  meeting, 
and  no  business  not  stated  in  such  notice  shall  be  trans- 
acted at  such  special  meeting. 

Section  14.  In  each  branch  of  the  city  council,  a 
majority  of  the  whole  number  of  members  provided  to  be 
elected  shall  constitute  a  quorum  for  the  transaction  of 
business,  but  a  smaller  number  may  adjourn  from  time 
to  time.  The  two  branches  shall  sit  separately  for  the 
transaction  of  all  business,  except  as  herein  otherwise 
provided,  and  shall  not  both  take  action  on  the  same  day 
upon  a  matter  involving  the  appropriation  or  expenditure 
of  money,  except  by  the  votes  of  four  fifths  of  the  mem- 
bers of  each  branch  present  and  voting  thereon  by  yea 
and  nay  vote. 

Section  15.  The  city  council  shall  by  ordinance  de- 
termine the  salary  of  the  mayor,  and  may  in  like  manner 
change  such  salary  from  time  to  time,  but  no  ordinance 
changing  the  salary  shall  take  efl'ect  until  the  municipal 
year  succeeding  that  in  which  the  ordinance  is  passed. 


Acts,  1893.  — Chap.  378.  1079 

Section  16.  The  city  council  may  by  ordinance  pro-  Salaries  of  city 
vide  for  the  payment  of  salaries  to  the  meml)ers  of  either  '^°"°'' 
branch  of  the  city  council,  l)ut  no  odri nance  establishiiiij: 
a  sahiry  or  increasing  a  salary  ah'eady  established  shall 
take  effect  until  the  municipal  year  succeeding  that  in 
which  the  ordinance  is  passed.  The  existing  salaries  of 
the  members  of  the  board  of  aldermen  are  hereby  legal- 
ized. 

Section  17.  All  votes  of  the  city  council  making  AppropriationB 
appro}n-iations  or  loans  of  money  shall  be  l)y  yea  and  *° 
nay  vote  and  in  itemized  form,  and  when  l)rought  before 
the  city  council,  on  recommendation  of  the  mayor,  as 
provided  in  section  thirty-one  of  this  act,-  no  item  of  the 
appropriation  or  loan  in  excess  of  the  amount  recom- 
mended by  the  ma^'or  shall  be  passed  except  by  the 
atfirmative  votes  of  two  thirds  of  the  members  of  each 
branch  present  and  voting  thereon. 

Section  18.     The  board  of  aldermen  may  hold  private  sittings  of  either 
sittings  for  the  consideration  of  nominations  by  the  mayor,  J'Jin't'conven. 
but  all  other  sittings  of  either  branch,  or  in  joint  con-  *'°°- 
vention,  shall  be  public,  and  all  votes  on  confirmation  of 
appointments  by  the  mayor  shall  be  taken  in  public. 

Section  19.     No  meml)er  of  the    city   council  shall,  ^u^^fnotto^ 
durino;  the  term  for  which  he  is  elected,  hold  any  other  iio>d  other 

~  onD.C6  etc 

office  or  position  the  salary  or  compensation  for  which  is 
payable  from  the  city  treasury,  nor  shall  he  act  as  counsel 
or  attorney  before  the  city  council,  or  before  either  branch 
or  any  committee  thereof. 

Section  20.  Neither  the  city  council  nor  either  branch  Employment  of 
thereof,  nor  any  committee  or  member  thereof,  shall  o'fcontracts^etc. 
directly  or  indirectly  take  part  in  the  employment  of 
labor,  the  expenditure  of  public  money,  the  making  of 
contracts,  the  purchase  of  materials  or  supplies,  the  order- 
ing or  laying  of  water  pipes,  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 
contingent  and  incidental  expenses  of  the  city  council  or 
of  either  branch  thereof. 

Section  21.     The  city  council  shall  have  power  within  city  ordinances, 
said  city  to  make  and  establish  ordinances  and  to  afiix  ^^°^  ^^^'  *  '^' 


1080 


Acts,  1893.  —  Chap.  378. 


Streets,  high- 
ways, etc. 


General  powers 
and  duties  of 
city  council. 


Term  of  office 
of  mayor. 


Mayor  to  be 
chief  executive, 
etc. 


thereto  penalties  for  the  violation  thereof,  as  herein  or  by 
general  law  provided,  without  the  sanction  of  anv  court 
or  of  any  justice  thereof.  All  ordinances  so  made  and 
estalilished  shall  l)e  forthwith  i)ul)lished  in  one  or  more 
newspapers  designated  l)y  the  mayor,  and  they  shall, 
unless  they  contain  an  express  provision  for  a  later  date, 
take  effect  at  the  time  of  their  approval  by  the  mayor,  or, 
if  a  penalty  for  their  violation  is  provided,  at  the  expira- 
tion of  thirty  days  from  the  da}^  of  such  approval. 

Seotiox  22.  The  city  council  shall,  sulrject  to  the  ap- 
proval of  the  mayor,  have  exclusive  authority  and  power 
to  order  the  laying  out,  locating  anew  and  discontinuing 
of  and  the  making  of  specific  repairs  in  all  streets,  high- 
ways and  other  ways  within  the  limits  of  the  city,  to  assess 
the  damages  sustained  thereliy  by  any  person,  and,  except 
as  herein  otherwise  provided,  to  act  in  matters  relating  to 
such  laying  out,  locating  anew,  altering,  discontinuing  or 
rejiairing,  but  in  all  such  matters  action  shall  first  l)e  taken 
by  the  board  of  aldermen ;  and  no  specific  repairs  shall 
be  made  without  the  ai:)iir()val  of  the  l)oard  of  public 
works.  Any  person  aggrieved  l)y  the  action  of  the  city 
council  hereunder  shall  have  all  the  rights  and  privileges 
now  ]>y  law  in  similar  cases  allowed  in  appeals  from  deci- 
sions of  selectmen. 

Section  23.  Except  as  herein  otherwise  provided  the 
city  council  shall  in  general  have  and  exercise  the  legisla- 
tive powers  of  towns  and  of  the  inhabitants  thereof,  and 
shall  have  all  the  powers  and  authority  given  to  city  coun- 
cils under  the  general  laws  of  the  Commonwealth,  and  be 
subject  to  the  duties  imposed  on  city  councils,  and  the 
board  of  aldermen  shall  have  and  exercise  all  the  powers, 
other  than  executive,  given  to  selectmen  of  towns,  and 
shall  have  all  the  powers  and  authority  given  to  l)oards 
of  aldermen  of  cities,  and  shall  ])e  sul)ject  to  the  duties 
imposed  upon  such  l)oard8. 

Section  24.  The  mayor  shall  be  elected  annually  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  Avhen 
elected  to  fill  a  vacancy  he  shall  hold  office  only  for  the 
unexpired  term  and  until  his  successor  is  elected  and 
qualified. 

Section  25.  The  mayor  shall  be  the  chief  executive 
officer  of  the  city,  and  the  executive  powers  of  the  city 


Acts,  1893.  — Chap.  378.  1081 

shall  be  vested  in  him,  and  be  exercised  l)y  him  either 
pei'sonall}^  or  thronirh  the  several  ojficers  and  boards  in 
their  respective  d(>partments,  under  his  general  su])cr- 
vision  and  control.  He  may  preside  in  the  l)oard  of 
aldermen  and  in  joint  convention  of  l)otli  1)ranches  of  the 
citv  council. 

Section  215.  The  mayor  shall  communicate  to  the  city  General  powers 
council,  or  to  cither  branch,  such  information  and  shall  mayor. 
reconnuend  such  measures  as,  in  his  judgment,  the  inter- 
ests of  the  city  shall  require ;  shall  cause  the  laws,  ordi- 
nances and  orders  for  the  government  of  the  city  to  be 
enforced ;  and  shall  secure  an  honest,  efficient  and  eco- 
nomical conduct  of  the  executive  and  administrative  busi- 
ness of  the  city  and  the  harmonious  and  concerted  action 
of  the  diiferent  administrative  and  executive  departments. 

Sectiox  27.  In  case  of  a  vacancy  in  the  office  of  yfflce°o7mayor. 
mayor,  or  of  his  resignation,  or  of  his  inability  from  any 
cause  to  perform  the  duties  of  his  office,  and  in  case  the 
board  of  aldermen  has  by  a  two  thirds  vote  declared  that 
one  of  the  above  reasons  exists,  or  in  case  of  his  absence 
from  the  Commonwealth,  the  president  of  the  board  of 
aldermen  shall,  under  the  style  of  acting  mayor,  exercise 
the  powers  and  i)erform  the  duties  of  mayor,  except  that 
he  shall  not,  unless  authorized  thereto  in  a  special  instance 
by  the  city  council,  make  any  removal  from  office  or  per- 
manent appointment ;  nor  shall  he,  unless  such  disability 
of  the  mayor  has  continued  at  least  ten  days,  or  unless 
the  office  of  mayor  has  become  vacant,  have  power  to  ap- 
prove or  disapprove  any  ordinance,  order,  resolution  or 
vote  of  the  city  council. 

Section  28.     The  mayor  shall  ai:)i)oint,  subiect  to  the  Appointments 

/•   1 1        1  T       /•      1  1  l^    J.^  m  p   by  mayor  and 

conhrmation  oi  the  board  ot  aldermen,  all  the  oincers  ot  aldermen. 
the  city  herein  named,  unless  their  election  or  ap[)oint- 
ment  is  herein  otherwise  provided  for.  No  such  ap]ioint- 
ment  made  by  the  mayor  shall  be  acted  upon  by  the  board 
of  aldermen  until  the  expiration  of  one  week  from  the 
time  when  the  appointment  is  transmitted  to  the  board. 
Any  officer  so  ap})ointed  may  be  removed  by  the  mayor 
with  the  approval  of  the  l)oard  of  aldermen. 

Section  29.  The  mayor  shall  cause  to  be  kept  a  Mayor's  records 
record  of  all  his  official  acts,  and  for  that  pur})ose  and  to 
aid  him  in  his  official  duties  he  may,  without  the  confirma- 
tion of  the  board  of  aldermen,  appoint  one  or  more  clerks, 
whose  number  and  compensation  shall  be  fixed  by  the  city 
council. 


1082 


Acts,  1893.  — Chap.  378. 


Mayor  and 
heads  of  depart- 
ments to  meet 
for  consultation. 


Estimates. 


Expenditures, 

appropriations, 

etc. 


Annnal  state- 
ments of  re- 
ceipts and 
expenditures. 


Mayor  to  sign, 
seal,  etc.,  deeds, 
leases,  etc. 


Administrative 
officers. 


Section  30.  The  mayor  shall,  as  often  as  once  in 
each  month,  call  together  for  consultation  upon  the  affairs 
of  the  city,  the  heads  of  departments,  who  shall,  when- 
ever called  upon,  furnish  such  information  relative  to  their 
respective  departments  as  he  may  request. 

Section  31.  The  heads  of  departments,  the  school 
committee,  and  all  other  officers  and  boards  having  au- 
thority to  expend  money,  shall  submit  to  the  mayor  in 
the  month  of  January  of  each  year  detailed  estimates  of 
the  amounts  deemed  by  them  to  be  necessary  for  their 
respective  departments  for  the  financial  year,  which  shall 
begin  on  the  first  day  of  the  preceding  December,  and  he 
shall,  not  later  than  the  second  week  in  February,  trans- 
mit such  estimates  to  the  city  council  recommending 
appropriations  for  each  department  or  purpose  as  he  shall 
deem  necessary  therefor. 

Section  32.  No  sum  appropriated  for  a  specific  pur- 
pose shall  be  expended  for  any  other  purpose,  and  no 
expenditure  shall  be  made  and  no  liability  incurred  by  or 
in  behalf  of  the  city  until  the  city  council  has  duly  voted 
an  appropriation  sufficient  to  meet  such  expenditure  or 
liability,  together  with  all  prior  unpaid  liabilities  which 
are  payable  therefrom,  except  that  after  the  expiration  of 
the  financial  year  and  before  the  making  of  the  regular 
annual  appropriations,  liabilities  payable  out  of  a  regular 
appropriation  may  be  incurred  to  an  amount  not  exceed- 
ing one  fourth  of  the  total  of  the  appropriation  made  for 
similar  purposes  in  the  preceding  year. 

Section  33.  The  mayor  shall  annually  require  all 
boards  and  officers  intrusted  with  the  receipt  and  expen- 
diture of  public  money,  and  with  the  care  and  custody  of 
public  property,  to  make  particular  and  detailed  state- 
ments thereof,  and  shall  cause  such  statements  to  be  pub- 
lished for  the  information  of  the  citizens. 

Section  34.  The  mayor  shall  have  sole  power  to  sign, 
seal,  execute  and  deliver,  in  behalf  of  the  city,  deeds  and 
leases  of  lands  sold  or  leased  by  the  city,  and  other  deeds, 
agreements,  contracts,  leases,  indentures  and  assurances 
on  behalf  of  the  city,  except  as  herein  otherwise  provided. 

Section  35.  There  shall  be  the  following  administra- 
tive officers,  who  shall  perform  the  duties  prescribed  by 
law  for  them  respectively,  and  such  further  duties,  not 
inconsistent  with  the  nature  of  their  respective  offices  and 
with  general  laws,  as  the  city  council  may  prescribe  :  — 


Acts,  1893.  — Chap.  378.  1083 

1.  A  city  clerk.  2.  A  city  treasurer.  3.  A  collector  of  ^\^'J^'°^«'^''''^'« 
taxes.  4.  A  city  auditor.  5.  A  board  of  overseers  of 
the  poor,  consistins;  of  six  persons,  two  of  whom  shall  he 
elected  each  3'ear  as  the  respective  terms  of  oiiice  of  the 
present  incuml)ents  expire,  and  two  each  year  thereafter. 
The  officers  above-specitied  shall  be  elected  by  the  city 
council  for  the  term  of  three  years.  The  offices  of  city 
treasurer  and  collector  of  taxes  may  be  held  by  the  same 
person.  6.  A  city  engineer,  who  shall  be  appointed  for 
the  term  of  three  years.  7.  A  city  physician,  who  shall 
be  appointed  for  the  term  of  three  years.  8.  A  board  of 
health,  consisting  of  three  persons,  one  of  whom  shall  be 
the  city  physician,  who  shall  ex  officio  be  a  member  of 
said  board.  The  two  other  members  thereof  shall  be 
appointed,  one  in  the  year  eighteen  hundred  and  ninety- 
four  for  two  years  and  one  in  the  year  eighteen  hundred 
and  ninety-five  for  two  years,  each  appointment  thereafter 
to  be  for  the  term  of  three  years.  9.  A  public  water 
board,  consisting  of  five  persons,  who  shall  be  appointed 
for  five  years,  one  to  be  appointed  each  year  as  the  respec- 
tive terms  of  office  of  the  present  incumbents  expire,  and 
one  each  year  thereafter.  10.  A  board  of  park  commis- 
sioners, consisting  of  five  persons,  who  shall  be  appointed 
for  five  years,  one  to  be  appointed  each  year  as  the  respec- 
tive terms  of  office  of  the  present  incumbents  expire,  and 
one  each  year  thereafter.  Said  board  shall  have  exclusive 
care  and  control  of  all  parks,  and,  except  as  herein  other- 
wise provided,  of  all  other  public  grounds  except  ceme- 
teries and  burial  grounds.  No  part  of  the  common  shall 
be  let  or  sold.  11.  A  board  of  sinking  fund  commis- 
sioners, consisting  of  three  persons,  who  shall  be  appointed 
for  three  years,  one  to  be  appointed  each  year  as  the  re- 
spective terms  of  office  of  the  present  incumbents  expire, 
and  one  each  year  thereafter.  12.  A  board  of  public 
works,  consisting  of  three  persons,  one  of  whom  shall  be 
the  city  engineer,  who  shall  ex  officio  be  a  member  of 
said  board.  The  two  other  members  thereof  shall  be 
appointed  one  for  one  year  and  one  for  two  years,  each 
succeeding  appointment  thereafter  to  be  for  the  term  of 
three  years.  Said  board  shall  have  and  exercise  the 
powers  of  surveyors  of  highways,  and  shall  also  have 
charge  of  the  construction,  maintenance  and  repair  of  all 
streets,  highways  and  other  ways,  and  of  all  sidewalks, 
bridges  and  sewers,  the  supervision   and  care  of  wires, 


1084 


Acts,  1893.  — Chap.  378. 


Additional 
officerB. 


municipal  signal  systems,  and  shade  trees,  the  super- 
vision of  street  lighting  and  of  street  watering,  and  the 
care  of  all  buildings  belonging  to  the  city  and  the  grounds 
used  in  connection  therewith,  other  than  school  buildings. 
Said  board  shall  have  full  supervision  of  the  erection  of 
all  public  buildings,  including  school  buildings,  and  of  all 
repairs  and  alterations  of  the  same.  Xo  department  of 
said  city  and  no  corporation  or  person  shall  at  any  time 
open,  dig  up  or  otherwise  obstruct  any  street,  highway, 
way  or  sidewalk  in  the  city,  or  lay  pipes  or  erect  or 
maintain  poles  or  any  other  structure  within  the  location 
of  any  such  street,  highway,  way  or  sidewalk,  without 
the  consent  of  said  board  in  writing,  previously  obtained. 
Said  board  may  apportion  and  delegate  its  various  powers 
and  duties  among  subdepartments  or  divisions,  each  of 
which  may  be  in  charge  of  a  superintendent  or  foreman, 
who  shall  be  appointed  and  may  be  removed  by  said 
board.  The  city  council  may  from  time  to  time,  subject 
to  the  provisions  of  this  act  and  in  accordance  with  gen- 
eral laws,  establish  additional  boards  and  other  offices  for 
municipal  purposes,  provide  for  their  election  or  appoint- 
ment, and  determine  the  number  and  duties  of  the  incum- 
bents of  such  boards  and  offices,  and  for  such  purposes 
may  delegate  to  such  boards  and  offices  the  administrative 
powers  given  by  general  laws  to  city  councils  and  lioards 
of  aldermen.  The  city  council  may  likewise  from  time 
to  time  consolidate  boards  and  offices,  and  may  separate 
and  divide  the  powers  and  duties  of  such  as  have  already 
been  established,  may  increase  or  diminish  the  number  of 
persons  constituting  any  of  the  boards  above-specified, 
may  increase  or  diminish  the  number  of  persons  who 
shall  perform  the  duties  of  an  office  or  board  hereafter 
established  as  above  provided,  and  may  abolish  an  office 
Time  of  appoint-  or  board  SO  hereafter  established.  All  officers  named 
Sfice/eTcT°^  herein,  whether  elected  by  the  city  council  or  appointed 
by  the  mayor,  shall  be  elected  or  appointed  during  the 
month  of  March,  and  their  terms  of  office  shall  begin  on 
the  first  Monday  in  April  following  their  election  or 
appointment  and  continue  for  the  respective  terms  herein 
l^rovided,  or,  in  the  case  of  offices  hereafter  established, 
for  tlie  terms  }n-ovidcd  by  the  city  council,  except  that  the 
terms  of  all  officers  heretofore  elected  or  appointed  shall 
continue  according  to  the  tenure  thereof.  Any  such 
officer  not  elected  or  appointed  during  the  month  of  March 


Changes  in 
boards  and 
oflBcers. 


Acts,  1893.  — Chap.  378.  1085 

uiji}^  1)0  elected  or  {ipi)ointed  at  any  time  thereafter,  the 
term  of  office  in  such  case  to  begin  forthwith  and  to 
terminnte  at  the  same  time  that  it  would  have  terminated 
if  saiil  otHcer  had  been  elected  or  a^ipointed  in  March. 
All  otticers,  whether  heretofore  elected  or  ap]iointed,  or 
elected  or  appointed  hereunder,  shall,  except  in  case  of 
removal,  continue  in  othce  until  their  successors  are 
elected  or  ai)])ointed  aiul  (lualified.     Upon  the  resignation,  vacancies; 

,  T-       1  -tj  l-  hi  xi  ^  1        elections;  re- 

removal  or  disability  or  any  otfacer  the  vacancy  may  be  movais. 
filled  for  the  unexpired  portion  of  the  term  by  election  or 
appointment,  as  above  provided,  for  the  several  officers. 
All  officers  provided  by  this  act  or  by  ordinance  to  be 
elected  l)y  the  city  council  shall  be  elected  by  ])oth 
branches  in  joint  convention.  Any  officer  so  elected  may 
be  removed  by  the  affirmative  votes  of  three  fourths  of  all 
the  members  of  the  city  council  in  joint  convention. 

Section  36.     All  administrative  officers  shall  1)e  sworn  officers  to  be 
to  the  faithful  discharge  of  their  respective  duties,   and  cates  of  oaths- 
certificates  of  their  oaths  shall  be  made  and  kept  in  the  '■®<=^'"'^*- 
office  of  the  city  clerk ;  and  all  such  boards  and   other 
officers  shall  keep  a  record  of  their  official  transactions, 
and  such  record  shall  be  open  to  public  inspection. 

Sectiox  37.  There  shall  be  a  board  of  assessors,  con-  Assessors. 
sisting  of  three  persons,  who  shall  be  elected  for  three 
years  hj  and  from  the  qualified  voters  of  the  city,  one  to 
be  elected  each  year  as  the  respective  terms  of  office  of  the 
present  incumbents  expire,  and  one  each  year  thereafter. 
There  shall  also  be  eleven  assistant  assessors  appointed 
by  the  board  of  assessors  annually  from  the  qualified  voters 
of  the  several  wards,  as  follows:  —  One  from  ward  one, 
one  from  ward  two,  two  from  ward  three,  two  from  ward 
four,  two  from  ward  five,  two  from  ward  six  and  one  from 
ward  seven. 

Section  38.  The  city  council  may  require  the  city  certain  officers 
treasurer,  the  collector  of  taxes,  the  city  auditor,  and  any 
other  municipal  officer  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   39.     The  administrative  boards  and   officers  ^^^^"^^^"fgrks 
above-specified,  and  every  administrative  board  and  officer  etc.of  adminis- 
hereafter  established  by  the  city  council  under  the  pro-  ami'offlcers. 
visions  of  this  act,  and  having  the  charge  of  a  department, 
shall  have  the  power,  except  as  herein  otherwise  provided, 


1086 


Acts,  1893.  — Chap.  378. 


Employment  of 
labor,  makiagof 
contracts,  etc. 


Police  depart- 
ment. 


Fire  depart- 
ment. 


OflBcers  may 
appear  and  give 
information  to 
city  council, 
etc. 


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  employed  and  of  all 
discharged  and  removed,  and,  in  case  of  discharge  and 
removal,  of  the  grounds  therefor. 

Section  40.  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, 
and  shall  in  general  have  the  immediate  direction  and 
control  of  all  executive  and  administrative  business.  They 
shall  at  all  times  be  accountable  for  the  proper  discharge 
of  their  duties  to  the  mayor  as  the  chief  executive  officer 
of  the  city.  All  contracts  made  in  behalf  of  the  city  in 
which  the  amount  involved  exceeds  three  hundred  dollars 
shall,  in  order  to  be  valid,  require  the  signature  of  the 
mayor,  and,  except  as  herein  otherwise  provided  or  by 
law  required,  no  expenditure  shall  be  made  or  liability 
incurred  for  any  purpose  beyond  the  appropriations  pre- 
viously made  therefor. 

Section  41.  The  city  council  may  establish  a  police 
department,  and  provide  for  the  appointment  of  a  chief 
of  police  and  of  other  members  of  the  police  force  by  the 
mayor,,  subject  to  the  confirmation  of  the  board  of  alder- 
men, or  by  a  police  board,  or  for  the  appointment  of  other 
members  of  the  force  by  a  chief  of  police  to  be  appointed 
by  the  mayor,  subject  to  the  confirmation  of  the  board  of 
aldermen. 

Section  42.  The  city  council  may  establish  a  fire 
department,  and  provide  for  the  appointment  of  a  chief 
engineer  and  of  other  members  of  the  department  by  the 
mayor,  subject  to  the  confirmation  of  the  board  of  alder- 
men, 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,  subject  to  the  confirmation  of 
the  board  of  aldermen. 

Section  43.  Every  administrative  board,  through  its 
chairman  or  a  member  designated  by  the  board,  and  every 
officer  having  charge  of  a  department,  may  ap})ear  liefore 
the  city  council,  and  at  the  request  of  either  branch  shall 
appear  before  it,  and  give  information  in  relation  to  any 
matter,  act  or  thing;  connected  with  the  discharo:e  of  the 
duties  of  such  board  or  office  ;  and  the  officer  who  appears 


Acts,  1893.  — Chap.  378.  1087 

shall  have  the  right  to  speak  u})Oii  all  matters  under  con- 
sideration relating  to  his  department. 

Section  44.  The  city  council  shall  establish  by  ordi-  salaries, 
nance  the  salary  or  compensation  of  every  administrative 
officer,  but  after  the  first  nninicipal  year  no  ordinance 
changing  any  such  salary  or  compensation  shall  take  eftect 
until  the  municipal  year  succeeding  that  in  which  the 
ordinance  is  passed. 

Section  45.  The  management  and  control  of  the  school  com. 
schools  of  the  city  shall  be  vested  in  a  school  committee,  ™*"®®' 
consisting  of  twelve  members  at  large,  who  shall  l)e  elected 
by  the  qualified  voters  of  the  entire  city  in  the  manner 
hereinafter  proA'ided,  of  one  member  from  each  ward  of 
the  city,  who  shall  be  a  resident  of  and  be  chosen  annually 
by  the  voters  of  such  ward,  and  of  the  mayor  and 
president  of  the  common  council,  who  shall  ex  officiis  be 
members  of  said  committee.  Said  twelve  members  at 
large  shall  be  chosen  for  the  term  of  three  years,  four  to 
be  chosen  each  year  as  the  respective  terms  of  office  of 
the  present  incumbents  expire,  and  four  each  year  there- 
after. 

Section  46.  In  case  of  a  vacanc}^  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  or  president  of  the 
board  of  aldermen  shall  preside,  and  such  vacancy  shall, 
by  vote  of  a  majority  of  all  the  members  of  the  two 
bodies,  be  filled  by  the  election  of  a  member  at  large  or 
of  a  member  from  a  certain  ward,  according  as  the  vacancy 
exists,  to  serve  for  the  remainder  of  the  unexpired  term 
of  the  meml^er  whose  office  is  vacant. 

Section  47.     The  "school  committee  shall  meet  on  the  organization; 
first  Tuesday  after  the  first  Monday  in  January  in  each  j'ud'gTof  etcHon 
year  for  organization.     The  committee  shall  be  the  judge  quoram!'"'^^"' 
of  the  election  and  qualification  of  its  members  and  shall 
determine  the  rules  for  its  proceedings.     A  majority  of 
the  whole  number  provided  to  be  elected  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  a  smaller 
number  may  adjourn  from  time  to  time. 

Section  48.     The  school  committee  may  elect  a  super-  superintendent 
intendent  of  schools,  and  may  appoint  such   other  subor-  ce/s!  e°tc.*'  ° 
dinate  officers  and  assistants  as  it  may  deem  necessary  for 
the  proper  discharge  of  its  duties  and  the  conduct  of  its 
business,  shall  define  their  terms  of  service  and  their  duties 


1088 


Acts,  1893.  — Chap.  378. 


Member  of  com- 
mittee not  to 
hold  other 
office,  etc. 


School  lands, 
buildings,  etc. 


Liabilities,  ex- 
penditures, 
appropriations, 
etc. 


Orders  involv- 
ing expenditure 
of  money. 


Change  of  resi- 
dence of  mem- 
ber of  city  coun- 
cil or  school 
committee,  etc. 


Ordinances 
inconsistent 
herewith  an- 
nulled, etc. 


Repeal. 


Effect  of  repeal 


and  fix  their  compensation,  and  may  remove  and  discharge 
them  at  pleasure.  No  memljer  of  the  school  committee 
shall,  during  the  term  for  which  he  is  elected,  hold  any 
other  office  or  position  the  salary  or  compensation  for 
which  is  payable  out  of  the  city  treasury. 

Section  49.  The  school  committee,  in  addition  to  the 
exercise  of  the  powers  and  the  discharge  of  the  duties 
imposed  by  law  upon  school  committees,  shall  have  full 
power  and  authority  to  select  and  purchase  lands  for 
school  purposes,  to  determine  the  plans  of  all  school  build- 
ings to  be  erected,  and  to  provide  when  necessary  tem- 
porary accommodations  for  school  purposes ;  and  shall 
have  the  care  and  control  of  all  school  buildings  and  the 
grounds  connected  therewith. 

Sectiox  50.  Unless  thereto  required  or  authorized  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  city  council,  except  that  after  the  expira- 
tion of  the  financial  year  and  before  the  making  of  the 
regular  annual  apjiropriations,  liabilities  payable  out  of 
a  regular  appropriation  may  be  incurred  to  an  amount 
not  exceeding  one  fourth  of  the  total  of  the  appropriation 
made  for  similar  purposes  in  the  preceding  year. 

Sectiox  51.  All  orders,  resolutions  and  votes  of  the 
school  committee  which  involve  the  expenditure  of  money 
shall  require  the  votes  of  two  thirds  of  the  members  of 
such  committee  present  when  any  such  vote  is  taken. 

Section  52.  The  removal  of  any  member  of  the  city 
council  or  school  committee  from  any  ward  to  another 
ward  of  the  city  shall  not  disqualify  him  from  discharging 
the  duties  of  his  ofiice  for  the  remainder  of  the  term  for 
which  he  was  elected. 

Section  53.  All  ordinances  of  the  city  of  Lynn,  or 
portions  thereof,  inconsistent  with  the  provisions  of  this 
act  are  annulled,  but  such  ordinances  or  portions  as  are  not 
inconsistent  herewith  are  continued  in  force  until  amended 
or  repealed. 

Section  54.  All  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are,  so  far  as  the  same 
relate  to  or  affect  the  city  of  Lynn,  hereby  repealed,  but 
such  repeal  shall  in  no  case  revive  an  act  heretofore 
repealed,  nor  shall  the  repeal  of  acts  or  annulling  of 
ordinances  inconsistent  herewith  aflect  any  act  done  or 


Acts,  1893.  — Chap.  379.  1089 

liability  incurred,  or  any  ri<zht  accrued  or  established,  or 
any  suit  or  prosecution,  civil  or  criminal,  to  enforce  any 
right  or  penult}',  or  punish  any  otiencc,  under  the  authority 
of  any  act  so  repealed  or  of  any  ordinance  founded 
thereon. 

Section-  5 ") .     This  act  shall  be  submitted  to  the  qualified  ^^S  fo"'" 
voters   of  the  city  of  Lynn  for  acceptance  at  the   next  acceptance,  etc. 
municipal  election  lield  therein,  and  the  afBrmative  votes 
of  a  majority  of  the  voters  present  and  voting  thereon  shall 
be  required  for  its  acceptance. 

Sectiox  ^)6.  So  much  of  this  act  as  authorizes  the  when  lo  take 
submission  of  the  question  of  its  acceptance  to  the  voters 
of  said  city  shall  take  etlect  upon  its  passage,  but  it  shall 
not  further  take  effect  until  accepted  by  the  voters  of  said 
city  as  herein  provided,  and  when  so  accepted  this  act 
shall  take  effect  on  the  first  Monday  of  January  next  follow- 
ing such  acceptance.  Apjymved  May  19,  1803. 

An  Act  relative  to  the  judges  ok  probate  and  insolvency  (Jhar).^7Q 

FOR   the   county   OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  foUoivs : 

Tliere  shall  be  two  judges  of  probate  and  insolvency  Judges  of  pro- 
for  the  county  of  Suffolk.  They  shall  have  the  same  vency  for'°*° ' 
powers  and  jurisdiction  as  the  judge  of  the  probate  court  suft'oik  county. 
and  of  the  court  of  insolvency  for  said  county  now  has, 
and  any  vacancy  shall  be  filled  in  the  manner  provided  by 
the  constitution.  The  judge  of  probate  and  insolvency 
for  the  county  of  Sufl'olk  now  appointed  shall  continue  to 
hold  his  office  according  to  the  tenor  of  his  commission. 
The  senior  judge  shall  Ije  the  first  judge  of  probate  and 
insolvency.  The  probate  court  and  the  court  of  insol- 
vency for  the  county  of  Suffolk  may  be  held  by  one  or 
more  of  the  judges,  and  when  so  held  shall  have  and 
exercise  all  the  powers  and  jurisdiction  committed  to  the 
respective  courts.  The  judges  shall  arrange,  distribute, 
equalize  and  insure  a  prompt  and  punctual  discharge  of 
their  duties.  Ditterent  sessions  of  said  courts  may  be 
held  by  the  difierent  judges  at  the  same  time  for  the  trans- 
action of  the  business  of  the  courts  when  the  jMiblic 
convenience  so  requires.  All  bonds  required  by  law  to 
be  given  to  the  judge  of  the  probate  court  or  to  the  judge 
of  the  court  of  insolvency  for  said  county  of  Sufiblk  shall 
be  made  payable  to  the  first  judge  of  the  respective  courts. 


1090  Acts,  1893.  — Chap.  380. 

ord^eraof'no-      ^^^  ^^^^  successoi's.     Citatlons,  oi'ders  of  notice,  and  all 
tice,  etc.  other    processes    issued    Ijy  the  register  of  prol)ate  and 

insolvency  for  said  county  of  Suffolk,  shall  bear  test  of 
the  first  judge  of  the  court  to  which  they  are  returnable. 
Whenever  a  deposit  or  investment  is  made  in  the  name 
of  the  judge  of  the  probate  court  or  the  judge  of  the  court 
of  insolvency  for  the  county  of  Suffolk,  such  deposit  or 
investment  shall  be  made  in  the  name'  of  the  first  judge  of 
said  court,  and  shall  be  subject  to  the  order  of  the  court. 

Approved  May  22,  1893. 


Chap.380 


Ax   Act   relating  to  the  apportionment  of  sewer  assess- 
ments IN  CITIES. 


Be  it  enacted^  etc.,  as  follows: 

amended^^'  Sectiox  1.     Sectioii  ouc   of  chapter  ninety-seven  of 

the  acts  of  the  year  eighteen  hundred  and  ninety-one  is 
hereby  amended  by  striking  out  in  the  third  line,  the 
word  "sixty",  and  inserting  in  place  thereof  the  word: 
—  thirty, — by  inserting  in  the  fourth  line,  after  the 
word  "thereon",  the  words: — or  of  any  charges  made 
for  entering  or  using  an}^  public  sewer,  —  b}'  striking 
out  in  the  fourth  and  fifth  lines,  the  words  "making 
such  assessment",  and  inserting  in  place  thereof  the 
words  :  —  of  assessors,  —  by  striking  out  in  the  sixth 
line,  the  word  "it",  and  inserting  in  place  thereof  the 
words :  —  the  same,  —  by  striking  out  in  the  seventh 
and  eighth  lines,  the  words  "and  certify  such  apportion- 
ment to  the  assessors,  and  ",  by  inserting  in  the  eleventh 
line,  after  the  word  "  added",  the  words  :  —  Such  assess- 
ments or  charges  or  api^ortionments  thereof  shall  consti- 
tute a  lien  upon  the  real  estate,  and  may  be  collected 
according  to  the  provisions  of  law  made  for  the  collection 
of  taxes  upon  real  estate, — by  inserting  in  the  twelfth 
line,  after  the  word  "assessments",  the  words:  —  or 
charges, — by  inserting  in  the  fifteenth  line,  after  the 
word  "  assessments",  the  words  :  — or  charges,  — and  by 
inserting  in  the  eighteenth  line,  after  the  word  "assess- 
ments", the  words:  —  or  charo;es,  —  so  as  to  read  as  fol- 
ofTwer^a^esB-  \oyfs  :  —  Sectiou  1.  In  cities'which  by  vote  of  the  city 
mentBand         couucil  acccpt  the  provisious  of  this  act,  if  the  owner  of 

charges  in  ^,  .^.,.,.  , 

«itie8.  real  estate  therem  withni  thirty  days   after   notice   of  a 

sewer  assessment  thereon,  or  of  any   charges  made  for 
entering  or  using  any  public  sewer,  notifies  in  writing  the 


Acts,  1893.  — Chap.  381.  1091 

l)oaTd  of  assessors  to  apportion  the  same,  said  board  shall 
apportion  the  same  into  such  inimbor  of  equal  parts,  not 
exceeding  ten,  as  said  owner  shall  in  said  notice  state. 
The  assessors  shall  add  one  of  said  parts  with  interest  to 
the  annual  tax  of  said  real  estate  for  each  year  next  ensu- 
ing until  all  said  [)arts  have  been  so  added.  Such  assess- 
ments or  charges,  or  apportionments  thereof  shall  constitute 
a  lien  upon  the  real  estate,  and  may  be  collected  according  to 
the  provisions  of  law  made  for  the  collection  of  taxes  upon 
real  estate.  All  liens  for  the  collection  of  such  assessments  Liens  to  cou- 
or  charges  shall  continue  until  the  expiration  of  two  years  ye^ra!°'^  ^"^^ 
from  the  time  when  the  last  instalment  is  committed  to  the 
collector,  and  interest  shall  be  added,  to  all  such  assess- 
ments or  charges  until  they  are  paid :  provided,  that  Proviso. 
nothing  herein  contained  shall  be  construed  to  prevent 
the  payment  at  any  time  in  one  payment  of  any  balance 
of  said  assessments  or  charges  then  remaining  unpaid, 
notwithstanding  a  prior  apportionment. 

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

Approved  May  22,  1893. 


An  Act  to  authorize  the  pittsfield  electric  street  railway 
company  to  issue  mortgage  bonds. 


(7Aaj?.381 


gage  bonds. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  Pittsfield  Electric  Street  Railway  Com-  May  i^ssue  mort. 
pany  may,  by  a  vote  of  the  majority  of  its  shareholders  in 
interest,  at  a  meeting  called  for  the  purpose,  issue  coupon 
or  registered  bonds  to  an  amount  not  exceeding  thirty  thou- 
sand dollars,  in  sums  not  exceeding  one  thousand  dollars 
each,  payable  not  exceeding  twenty  3'ears  from  the  date 
thereof,  and  bearing  interest  not  exceeding  five  per  cent, 
per  annum  payable  semi-annually,  and  both  interest  and 
principal  may  be  payable  in  gold  coin  of  the  United  States 
of  the  present  fineness  and  weight,  for  the  purpose  of 
relaying  its  tracks,  the  purchase  of  cars  and  additional 
real  estate  and  the  erection  of  buildings  thereon,  the  pur- 
chase and  erection  of  additional  machinery  for  its  electric 
railway,  and  for  the  purpose  of  making  additions  to  its 
railway  upon  locations  which  may  be  granted  by  the  city 
of  Pittsfield  or  by  any  adjacent  towm,  or  over  which  it  has 
acquired  the  right  of  way.  Said  company  may  secure  the 
pa^'ment  of  said  bonds  by  a  mortgage  of  its  franchises,  and 
the  whole  or  any  part  of  its  railway  and  other  real  and 


1092 


Acts,  1893.  — Chap,  382. 


Application  of 
proceeds  of 
bonds. 


Approval  and 
certiflcaliou  of 
bonds. 


Issue  of  stock 
and  bonds  to  be 
approved  by 
railroad  com- 
missioners. 


To  be  void  if 
road  is  trans- 
ferred to  a  for- 
eign corpora- 
tion. 


personal  estate,  whether  already  or  hereafter  acquired, 
and  may  in  such  mortgaae  reserve  to  its  directors  the 
right  to  sell  or  in  due  course  of  business  otherwise  dis- 
pose of  property  included  in  said  mortgage  which  may 
become  worn,  damaged  or  otherwise  unsuitable  to  be 
used  in  the  operation  of  its  road,  provided  that  an  equiv- 
alent in  value  is  substituted  in  lieu  thereof. 

Section  2.  The  proceeds  of  the  said  bonds  shall  be 
applied  to  the  purposes  stated  in  the  preceding  section, 
and  the  application  thereof  for  any  other  purpose  may  be 
enjoined  1)y  the  supreme  judicial  court  or  the  superior 
court,  upon  application  of  the  railroad  commissioners  or 
any  person  interested. 

Section  3.  No  bonds  shall  be  issued  unless  approved 
by  some  person  appointed  by  said  company  for  that  pur- 
pose, who  shall  certify  that  they  are  properly  issued  and 
recorded,  and  such  certificate  shall,  as  far  as  regards  bona 
fide  holders,  be  conclusive  of  the  regularity  and  sale  of 
said  bonds. 

Section  4.  No  stock  or  bonds  shall  be  issued  under 
this  act  until  the  terms  of  such  issue  shall  have  been  sub- 
mitted to  the  board  of  railroad  commissioners  and  ap- 
proved by  them,  and  if  they  approve  such  issue,  a  certifi- 
cate setting  forth  such  approval  shall  he  executed  by  said 
board  and  filed  by  said  company  in  the  ofiice  of  the  secre- 
tary of  the  Commonwealth. 

Section  5.  All  rights  granted  under  this  act  shall  be 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to 
any  foreign  corporation. 

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

Approved  May  22,  1893. 


Chap 


Public  library 
and  memorial 
h;ill  building  in 
the  town  of 
Hudson. 


.382   ^  -^^"^   "^^   AUTHORIZE  THE   TOWN  OF   HIDSON  TO  ERECT,  FURNISH 
AND   MAINTAIN   A    PUBLIC   LIBRARY   AND   MEMORIAL  HALL. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  town  of  Hudson  is  authorized  to  erect, 
furnish  and  maintain  a  building  to  be  used  as  a  public 
library  and  memorial  hall,  in  memory  of  its  soldiers  and 
sailors  who  died  in  the  military  and  naval  service  of  the 
United  States  during  the  late  war :  j^^'ovided,  said  town 
shall,  at  a  legal  meeting  called  for  the  purpose  at  any  time 
within  two  years  from  the  passage  of  this  act,  vote  so  to 
do  hy  a  two  thirds  vote  of  the  voters  present  and  voting 
thereon. 


Acts,  1893.  — Chaps.  383,  384.  1093 

Section  2.     For  the  purposes  aforesaid  said  town  is  Town  may  bor- 
authorizod  to   borrow  a  sum   not  excccdin*!;  twenty-live  "^"^^  ^^25,000. 
thousand  dolhirs,  for  a  period  not  exceeding  twenty  years, 
which'  sum  with  the  interest  thereon  shall  be  provided  for 
by  taxation  and  ])aid  at  maturity. 

Section'  o.     The  provisions  of  chapter  twenty-nine  of  f'^i'^^''^ 
the  Public  Statutes  shall  apjily  to  the  debt  incurred  by 
said  town  under  this  act  except  so  far  as   inconsistent 
herewith. 

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

Approved  May  22,  1893. 


Ax  Act  relative  to  the  system  of  sem^erage  and  sewage 

DISPOSAL   OF   the   TOWN   OF   LENOX. 


CAa/?.3S3 


Be  it  enacted,  etc. ,  as  follows : 

Sectiox  1.     The  provisions  of  chapter  two    hundred  system  of  sew- 
and  seventy-one  of  the  acts  of  the  year  eighteen  hundred  age  ciiBposai  of 
and  eighty-six  shall  continue  in  full  force  and  effect;   and  LeVo*s!°° 
the  town  of  Lenox   is   hereby  granted  such   additional 
power  and  authority  as  may  be  required  to  enable  it,  in 
connection  with  its  system   of  sewage  disposal,  to  erect 
and  maintain  a  pumping  station,  together  with  all  neces- 
saiy  connecting  force  mains,  pipes  and   sewers ;   and  to 
acquire,  in  the  manner  prescribed  in  said  act,  any  lauds, 
rights  of  way  or  easements  which  may  be  needed  to  effect 
the  aforesaid  objects  ;  and  said  town  is  also  hereby  author- 
ized to  raise  and  appropriate,  in  such  manner  as  it  shall 
determine,  such  sums  of  money  as  sliall  be  necessary  to 
carry  out  the  provisions  of  this  act. 

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

Approved  May  22,  1893. 


An   Act  to   incorporate   the    haverhill,  Georgetown   and 
danvers  street  railway  company. 


Chap.^M 


Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.     Hamilton  L.  Perkins,  Warren  W.  Potter,  Haverhiu, 
William  H.  Floyd,  Charles  E.  Wood,  Charles  H.  Davis,  ^n'dS're 
AA'alter  M.  Brewster,  Sherman  Nelson,  Joseph  B.  Poor,  company''''''^ 
Merrill   B.   Bailey,  their  associates   and*  successors,  are  incorporated. 
hereby  made  a  corporation  under  the  name  of  the  Haver- 
hill, Georgetown  and  Danvers  Street  Railway  Company; 
with  all  the  powers  and  privileges  and  su])ject  to  all  the 
duties,  liabilities  and  restrictions  set  forth  in  the  general 


1094  Acts,  1893.  — Chap.  384. 

laws  that  now  are  or  hereafter  may  be  in  force  relating  to 
street  railway  companies,  except  as  hereinafter  provided. 
^tmction'a*'nd'         Section  2.     Said   company   is   hereby   authorized   to 
operation  of       construct  and  operate  a   railway,  with  single  or  double 

railway.  ->        •  ^  •  i-i 

tracks,  and  with  convenient  turn-outs  and  switches,  over 
and  upon  any  streets  or  highways  in  the  towns  of  Dan- 
vers,  Topstield,  Boxford,  Georgetown,  that  part  of  the 
town  of  Groveland  lying  south  of  the  Boston  and  Maine 
railroad  tracks  and  known  as  South  Groveland,  and  that 
part  of  the  town  of  Bradford  lying  north  of  the  southerly 
line  of  Salem  street  and  east  of  Main  street,  as  shall  from 
time  to  time  be  fixed  and  determined  by  the  selectmen  of 
of^othlrTauway  ^^^^  ^^^^  respcctivc  towns.  Said  Haverhill,  Georgetown 
corporaiionB,  and  Dauvcrs  Street  Railway  Company  may,  when  it  has 
completed  five  miles  of  track  upon  the  routes  above- 
described,  procure  from  the  Lowell,  Lawrence  and  Haver- 
hill Street  Railway  Company  the  right  to  enter  upon  and 
use  with  its  cars  the  tracks  of  the  Lowell,  Lawrence  and 
Haverhill  Street  Railway  Company,  through  and  over  Main 
street  in  said  Bradford  from  its  junction  with  Salem  street, 
the  highway  bridge  connecting  Bradford  with  the  city  of 
Haverhill  and  Bridge  street  to  the  junction  of  Merrimac, 
Main  and  Water  streets  in  said  Haverhill,  upon  such 
terms  and  conditions  and  for  such  compensation  as  the 
two  companies  may  agree  upon,  subject  to  the  approval 
of  the  mayor  and  aldermen  of  Haverhill  and  the  select- 
men of  Bradford  and  the  board  of  railroad  commissioners  : 
provided,  that  the  said  Haverhill,  Georgetown  and  Dan- 
vers  Street  Railway  Company  shall  not  have  the  right  to 
construct  and  operate  its  railway  as  aforesaid  in  any  part 
of  Main  street  in  said  Bradford,  nor  on  said  bridge,  nor 
any  part  of  Bridge  street  in  said  Haverhill,  unless  at  any 
time  the  Lowell,  Lawrence  and  Haverhill  Street  Railway 
Company  shall  not  own  or  control  tracks  in  Bradford  on 
Main  street,  or  on  said  bridge,  or  in  Haverhill  on  said 
Bridge  street,  or  shall  unreasonably  refuse  to  grant  to  the 
said  Haverhill,  Georgetown  and  Danvers  Street  Railway 
Company  the  right  to  enter  upon  and  use  with  its  cars  the 
tracks  of  the  said  Lowell,  Lawrence  and  Haverhill  Street 
Railway  Company  in  the  aforesaid  Main  street  and  from 
the  junction  with  Salem  street  and  Bridge  street ;  but  it 
is  expressly  provided  that  if  the  companies  named  herein 
fail  to  agree  upon  the  amount  of  the  compensation,  or 
upon  the  terms  and  conditions  mentioned  above,  the  same 


Acts,  1893.  — Chap.  384.  1095 

are  to  be  determined  by  tbe  board  of  railroad  eomniis- 
sioners ;  and  if  the  said  Lowell,  Lawrence  and  Haverhill 
Street  Railway  Company  shall  neolect  or  refuse  to  abide 
by  the  determination  of  the  said  board  of  railroad  com- 
missioners, or  if  at  any  time  the  Lowell,  Lawrence  and 
Haverhill  Street  llailway  Company  shall  not  own  or  con- 
trol tracks  in  Bradford  on  said  JNIain  street  or  on  said 
bridge,  or  in  Haverhill  on  said  Bridge  street,  or  shall  un- 
reasonably refuse  to  enter  into  such  an  agreement  with 
the  Haverhill,  Georgetown  and  Danvers  Street  Railway 
Company,  then  the  latter  company  may,  subject  to  the 
approval  of  the  selectmen  of  Bradford  and  the  mayor  and 
aldermen  of  Haverhill,  extend  its  tracks  and  necessary 
electrical  equipment  in  and  through  Main  street  in  Brad- 
ford, on  and  over  said  bridge  and  into  the  city  of  Haver- 
hill to  the  junction  of  the  streets  therein  above-named, 
and  operate  its  cars  thereon. 

Sectiox  3.     Said  company  may  acquire  by  purchase  May  purchase 
all  real  estate  necessary  for  its  power  stations  and  for  all  "^^^  <^8tate. 
other  uses  incidental   to  the  proper  carrying  on  of  its 
business. 

Sectiox  4.     Said  company  may  maintain  and  operate  Motive  power, 

..•IT  ■  1  "i*  ii  xi  alteration  of 

its  railway  by  any  improved  motive  power  other  than  streets,  erection 
steam,  and  may,  with  the  consent  of  the  mayor  and  alder-  wir^e'^sr^"'^ 
men  of  the  city  of  Haverhill  and  the  selectmen  of  the 
towns  of  Groveland,  Bradford,  Georgetown,  Boxford, 
Topsfield  and  Danvers,  make  such  underground  alteration 
of  the  streets  and  highways,  and  may  erect  poles  and 
wires  thereon,  and  may  erect  and  maintain  poles  and 
wires  upon  private  land,  acquired  by  purchase  or  lease,  as 
may  be  necessary  to  establish  such  motive  power. 

Section  5.     The  capital  stock  of  said  corporation  shall  capUai  etock. 
not  exceed  three  hundred  thousand  dollars,  but  such  capi- 
tal stock  may  be  increased  according  to  the  general  laws. 

Sectiox  6.  Said  company  may,  from  time  to  time,  by  May  issue  mort- 
vote  of  the  majority  in  interest  of  its  stockholders,  issue  ^''^^ 
coupon  or  registered  bonds  to  an  amount  not  exceeding 
the  amount  of  its  capital  stock  actually  paid  in,  for  a  term 
not  exceeding  twenty-five  years  from  the  date  thereof,  and 
to  secure  payment  thereof  with  interest  due  thereon,  the 
said  companj'  may  make  a  mortgage  of  its  road  and  fran- 
chise and  other  property  thereafter  to  l)e  acquired ;  and 
may  therein  reserve  to  its  directors  all  right  to  sell  or 
otherwise  in  due  course  of  business  to  dispose  of  property 


1096 


Acts,  1893.  — Chap.  385. 


Approval  and 
certification  of 
bonds. 


To  be  void  un- 
less accepted, 
or  if  road  is 
not  built  and 
operated,  etc. 


May  carry  on 
expressbusiness 
and  be  a  com- 
mon carrier. 


Approval  of 
issue  of  bonds 
by  railroad  com- 
missioners, etc. 


To  be  void  if 
road  is  trans- 
ferred to  a 
foreign  corpora- 
tion. 


included  therein  which  may  hecome  worn,  damasked  or 
otherwise  unsuitable  for  use  in  the  operation  of  its  road 
and  the  transaction  of  business,  provided  that  an  equiv- 
alent in  vakie  shall  be  substituted  in  lieu  thereof. 

Sectiox  7.  The  bonds  issued  shall  lirst  l)e  approved 
by  some  person  appointed  by  the  corporation  for  that 
purpose,  who  shall  certify  upon  each  bond  that  it  is  properly 
issued  and  recorded. 

Section  8.  If  the  provisions  of  this  act  shall  not  be 
accepted  b}'  said  company,  and  if  said  company  shall  not 
build  and  put  in  operation  some  portion  of  its  road  in  any 
of  said  towns  within  ei<rhteen  months  after  the  i)assage  of 
this  act,  then  this  act  shall  he  void,  and  all  corporate 
powers  thereunder  shall  cease ;  and  if  there  is  any  portion 
of  said  road  that  is  not  completed  by  the  building  of  at 
least  a  single  line  of  track  within  three  years  from  the 
passage  of  this  act,  to  that  portion  said  company  shall  be 
deemed  to  have  waived  its  rights,  and  said  rights  therein 
shall  thereupon  be  forfeited  and  terminated. 

Section  9.  Said  company  is  hereby  authorized  to 
carry  on  the  express  business,  and  to  be  a  common  carrier 
for  the  conveyance  of  goods  and  parcels,  sul)iect  to  the 
provisions  of  chapter  seventy-three  of  the  Puljlic  Statutes 
and  of  all  laws  relating  to  common  carriers  and  express 
companies. 

Section  10.  No  stock  or  bonds  shall  be  issued  under 
this  act  until  the  terms  of  such  issue  shall  have  been  sub- 
mitted to  the  board  of  railroad  commissioners  and  approved 
by  them ;  and  if  they  ap])rove  such  issue,  a  certificate 
setting  forth  such  approval  shall  be  executed  by  said  board 
and  filed  by  said  company  in  the  ofiice  of  the  secretary  of 
the  Commonwealth. 

Section  11.  All  rights  granted  under  this  act  shall  be 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to 
any  foreign  corporation. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  22,  1893. 


Chap 


Compensation 
for  interpreters 
and  witnesses 


QQ^  An  Act  to  authorize  trial  justices,  and  police,  district  and 
municipal  courts  to  pay  reasonable  compensation  to  in- 
terpreters AND  WITNESSES  FROM  WITHOUT  THE  COMMONWEALTH. 

Be  it  enacled,  etc.,  as  folloios : 

Trial  justices,  and  police,  district  and  municipal  courts 


are  authorized  to  allow  reasonable  compensation  to  inter- 


Acts,  1893.  — Chaps.  386,  387.  1097 

pretcrs  and  to  witnesses  from  without  the  Commonwealth  from  without 
in  criminal  proceedings  before  such  courts  or  trial  justices,  wealth. 
The  compensation  so  allowed  shall  be  paid  by  the  county 
in  which  such  proceedings  are  had,  in  the  same  manner  as 
is  now  provided   by  law  for  the  payment  of  witness  fees. 

Approved  May  22,  1893. 


Ax  Act  constituting  ten  hours  in  twelve  consecutive  hours 

A   day's    work   for  certain    employees    of    street    RAILWAY" 

companies. 


ChapMQ 


Be  it  enacted^  etc.^  asfolloios: 

Section  1.     A  day's  work  for  all  conductors,  drivers  a  day's  work 

J  J  "it  1  I  iv  1        for  certain  em- 

and  motormen  now  empioj^ed  or  who  may  herealter  be  pioyees  of  street 
emplo\'ed  by  or  on  behalf  of  any  street  railway  company  panlesf'^"'" 
in  any  city  or  town  shall  not  exceed  ten  hours'  work  to  be 
performed  within  twelve  consecutive  hours.     No  officer 
or  agent  of  any  street  railway  company  shall  exact  from 
any  of  its  said  employees  more  than  the  said  ten  hours' 
work  for  a  day's  labor :  ])rovided,  however^  that  on    all  ^''o'^'^o- 
legal  holidays,  on  days  when  the  corporation  is  required 
to  provide  for  more  than  th^  ordinary  travel,  and  in  case 
of  accident  or  unavoidable  delay,  extra  labor  may  be  per- 
formed for  extra  com})ensation,  and  that  nothing  herein 
contained  shall  affect  existing  written  contracts. 

Section    2.     Any  person  violating  the  provisions   of  Penalty. 
this  act  shall  be  fined  for  each  offence  a  sum  not  exceeding 
one  hundred  dollars. 

Section  3.     This  act  shall  take  effect  on  the  first  day  To  taiie  effect 
of  August  in  the  year  eighteen  hundred  and  ninety-three.     "^'  ' 

Apin-oved  May  23,  1893. 

An  Act  to  provide  for  the  appointment  of  an  additional  QTifiy)  387 
district  police  officer  for  temporary  service  in  the  in_ 
spection  of  uninsured  boilers. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     The   governor   is   hereby   authorized   to  District  police 
appoint  one  additional  member  of  the  district  police  force,  "nspectiou  o/ 
who  shall  serve  for  the  term  of  one  year,  shall  receive  a  bouers.*''"''"^ 
salary  of  fifteen  hundred  dollars,  and   shall,    under   the 
direction  of  the    chief  of  said  force,  inspect   uninsured 
stationary  steam  boilers  and  their  appurtenances,  in  this 
Commonwealth,    and   inquire  into    the    ability  and  com- 


1098 


Acts,  1893.  — Chap.  388. 


Report  of  re- 
suits  of  inspec- 
tion. 


petency  of  the  engineers  in  charge  thereof,  and  report 
from  time  to  time,  as  required,  to  said  chief.  Said  chief 
shall  embody  the  results  of  said  inspection  in  his  annual 
report  made  to  the  next  general  court,  with  such  recom- 
mendations of  legislation  as  he  may  think  proper. 

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

Approved  May  26,  1893. 


ChUV.SSS  ■^'^    -^^^    '^^    INCORPORATE    THE    ESSEX    COUNTV    STREET    RAILWAY 

COMPANY. 


Essex  County 
Street  Railway 
Company  incor- 
porated. 


l/ocation,  con- 
Btruclion  and 
operation  of 
railway. 


Motive  power, 
alteration  of 
streets,  erection 
of  poles  and 
wires,  etc. 


Capital  stock. 


Be  it  enacted,  etc.,  as  foHoios: 

Section  1.  Milton  Ellsworth,  John  A.  Marshall, 
Daniel  H.  Hale,  Frank  L.  Burke,  Calvin  R.  Titcomb, 
Theodore  F.  Cogswell,  Charles  A.  Sayward,  William  S. 
Russell,  Samuel  N.  Baker,  Daniel  I).  Stone,  Edward  C. 
Tibbetts,  Otis  F.  Brown,  Nathaniel  Dole,  Sidney  F. 
Newman,  George  H.  Plummer,  Luther  Dame,  Edward  F. 
Little  and  Moses  K.  Noyes,  their  associates  and  successors 
and  assigns,  are  hereby  made  a  corporation  under  the 
name  of  the  Essex  County  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  hereafter  provided. 

Section  2.  Said  company  may  construct,  equip,  main- 
tain and  operate  a  railway,  with  single  or  double  track, 
and  with  convenient  turn-outs  and  switches,  upon  and 
over  any  streets  or  highways  in  the  towns  of  Newbury, 
Rowley  and  Ipsw^ich,  as  shall  be  from  time  to  time  fixed 
and  determined  by  the  selectmen  of  the  town  of  Newbuiy 
for  the  town  of  Newbury,  the  selectmen  of  the  town  of 
Rowley  for  the  town  of  Rowley,  and  the  selectmen  of  the 
town  of  Ipswich  for  the  town  of  Ipswdch. 

Section  3.  Said  company  may  maintain  and  operate 
said  railway  by  any  approved  motive  power  other  than 
steam,  and,  with  the  consent  of  the  said  selectmen  of  the 
said  towms,  may  make  such  underground  alterations  of 
the  streets  and  highways,  and  may  erect  such  poles  and 
wires  therein,  and  may  erect  and  maintain  such  poles  and 
wires  on  private  land  taken,  as  may  be  necessary  to  estab- 
lish said  motive  power. 

Section  4.  The  capital  stock  of  said  corporation  shall 
not  exceed  one  hundred  and  fifty  thousand  dollars,  but  it 


Acts,  1893.  — Chap.  389.  1099 

ma}'  be  increased  in  accordance  with  the  general  hiws  ap- 
plicable to  street  railways. 

Section  5.     Said  coriioration  may  from  time  to  time,  May  issue  mon- 

1  ,  /»  ,       .      '^    .        .     ,  1         I'    •j^  i       I  I      1  1  gage  bonds. 

by  a  vote  ot  a  majority  m  interest  ot  its  stockholders, 
issue  coupon  or  registered  bonds  to  an  amount  not  ex- 
ceeding that  of  its  capital  stock,  for  a  term  not  exceeding 
twent}'  years  from  the  date  thereof:  provided,  that  no 
issue  of  ])onds  shall  be  made  unless  there  shall  have  been 
actually  paid  in  an  amount  of  the  capital  stock  equal  to 
the  amount  of  such  issue :  and  to  secure  payment  of  such 
bonds,  with  the  interest  thereon,  said  corporation  may  by 
a  vote  of  a  majority  in  interest  of  its  stockholders  mort- 
gage its  property  or  franchises. 

Sectiox  6.     No  stock  or  bonds  shall  be  issued  under  Approval  of 

•11  r.  1     •  I      11    1  1  1       issue  of  bonds 

this  act  until  the  terms  or  such  issue  shall  have  been  sub-  by  railroad  com- 

.,,      i,.iii/>.|i  ••  1  -I    missioners,  etc. 

mitted  to  the  board  or  railroad  commissioners  and  approved 
by  them.  And  if  they  approve  such  issue  a  certificate  set- 
ting forth  such  ajiproval  shall  be  executed  by  said  l)oard 
and  filed  by  said  company  in  the  office  of  the  secretary  of 
the  Commonwealth. 

Section  7.     All  rights  granted  under  this  act  shall  be  To  be  void  if 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to  ferred,  etc. 
any  foreign  corporation. 

Section  8.     Said  company  may  purchase  or  lease  at  Purchase,  lease 
any  time  any  portion  of  its  tracks  or  plant  or  that  of  any  with  other  rail- 
other  street  railway  with  which  it  may  connect,  and  may  uons?°'^^°'^^' 
at  any  time  sell  or  lease  to  such  connecting  railway  com- 
pany its  railway  or  any  portion  of  its  plant:  provided, 
that  no  contract  of  lease,  sale,  purchase  or  consolidation 
between  said  company  and  any  other  street  railway  com- 
pany or  traction  company  shall  be  entered  into  under  the 
provisions  of  this  act  until  the  terms  of  such  contract  shall 
have  been  first  approved  by  the  board  of  railroad  commis- 
sioners of  this  Commonwealth. 

Section  9.     This  act  shall  take  effect  upon  its  passage,  to  be  void  if 

ijiiii  -1  1  •!  M  •  ij^ii    railway  IS  not 

but  shall  be  void  unless  said  railway  is  constructed  and  operated  prior 
operated  prior  to  the  first  day  of  July  in  the  year  eighteen  *°  "  ^  ^'  ^^^^' 
hundred  and  ninety-six.  Approved  May  26,  1893. 


Ax  Act  to  ixcorpora.te  the  American  folk-lore  society,      njiar)  389 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Frederick  W.  Putnam,  Daniel  G.  Brinton,  American  Foik. 


1100 


Acts,  1893.  — Chap.  390. 


Real  and  per- 
sonal estate; 
meetings. 


First  meeting. 


Chap 


John  H.  Hinton,  Franz  Boas,  H.  Carrington  Bolton, 
Alexander  F.  Chamberlain,  Stewart  Culin,  J.  Owen 
Dorsey,  Alice  C.  Fletcher,  J.  Walter  Fewkes,  Alcee 
Fortier,  George  Bird  Grinnell,  David  P.  Penhallow,  and 
their  associates,  the  officers  and  members  of  the  society 
known  as  The  American  Folk-Lore  Society,  their  associ- 
ates and  successors,  are  hereby  made  a  corporation  by  the 
name  of  The  American  Folk-Lore  Society,  for  the  purpose 
of  collecting,  preserving  and  puljlishing  the  folk-lore 
mythology  and  legends  of  the  American  continent,  and 
for  the  further  and  incidental  purposes  of  receiving,  pur- 
chasing, holding  and  conveying  real  and  personal  prop- 
erty ;  with  all  the  duties  and  privileges  and  subject  to  the 
restrictions,  duties  and  liabilities  set  forth  in  the  general 
laws  which  now  are  or  hereafter  may  be  in  force  and  appli- 
cable to  such  corporations. 

Sectiox  2.  Said  corporation  may  have  and  hold  b}'^ 
purchase,  grant,  gift  or  otherwise,  real  estate  not  exceed- 
ing fifty  thousand  dollars  in  value,  and  personal  estate  not 
exceeding  one  hundred  thousand  dollars  in  value,  and  said 
corporation  may  hold  its  meetings  without  the  Common- 
wealth. 

Sectiox  3.  Any  two  of  the  corporators  above-named 
are  hereby  authorized  to  call  the  first  meeting  of  the  said 
corporation  at  any  time  during  the  year  eighteen  hundred 
and  ninety-three,  by  notice  thereof  by  mail  to  each  mem- 
ber of  the  said  society. 

Sectiox  4.     This  act  shall  take  efiect  upon  its  passage. 

Approved  May  26,  1S93. 


QQQ  An  Act  to  authorize  the  woonsocket  electric  machine  and 

POWER  company  of  RHODE  ISLAND  TO  ERECT  AND  MAINTAIN 
POLES  AND  WIRES  AND  FURNISH  ELECTRIC  LIGHT  AND  POWER 
IN   THE   TOWNS   OF   BELLINGHAM   AND   FRANKLIN. 


May  furnish 
electric  light 
and  power  in 
the  towns  of 
Bellingham  and 
Franklin. 


Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.  The  Woonsocket  Electric  Machine  and 
Power  Company  of  Woonsocket,  in  the  state  of  Rhode 
Island,  is  hereby  authorized  to  construct  and  operate  lines 
for  the  transmission  of  electricity  for  the  purpose  of  fur- 
nishing light  and  power  upon  and  along  the  highways  and 
public  roads  of  the  towns  of  Bellingham  and  Franklin  in 
this  Commonwealth,  and  to  erect  and  maintain  upon  said 
highways  and  pul)lic  roads,  such  posts  and  other  fixtures 
as  may  be  necessary  to  sustain  the  wires  and  other  fixtures 


Acts,  1893.  — Chap.  390.  1101 

of  its  lines ;  and  to  extend  such  wires  across  the  state  line 
into  said  towns  and  ajjpend  and  support  such  tixtures  upon 
such  ])oles  and  other  supporting  tixtures. 

Sectiox  2.     Said  AVoonsocket  Electric  Machine    and  g"j^^^,®f*.g°j^^^"' 
Power  Company  shall  be  subject  to  all  general  laws  of  supervisiou  of 
this  Commonwealth  relating  to  the  erection,  maintenance  liahrcommrs"" 
and  operation  of  lines  for  electric  light  and  power  which  *'°°^'"*- 
are  now  or  may  hereafter  be  in  force.     Said  corporation 
shall  be  subject  to  the  supervision  and  control  of  the  board 
of  sfas  and  electric  light  commissioners  of  this  Common- 
wealth  in  respect  to  its  business  done  within  this  Com- 
monwealth, in  the  same  manner  and  to  the  same  extent  as 
if  incorporated  under  the  laws  thereof. 

Section  3.     Said  company  shall  appoint  in  writing  an  Agents  in  Bei- 
agent  for  each  of  the  towns  of  Bellingham  and  Franklin,  FrfnkiTn''upoa 
who  shall  reside  in  the  town  for  which  he   is  a})pointed  proTsi^'may 
agent   of  the  company,  and  whose  appointment  shall  be  ^e served. 
tiled  with  the  town  clerk  of  the  town  in  which  each  such 
agent  resides ;  and  service  of  legal  process  made  upon 
such  agent  shall  have  the  same  legal  eifect  as  if  the  corn- 
pan}'  were   established  under  the  laws  of  this  Common- 
Avealth  and  such  service  were  made  upon  the  corporation 
itself. 

Sectiox  4.     A  failure  or  neglect,  continuing  for  four- Failure  or  neg. 
teen    days    after    demand    upon    or   notice   to   its    agent  e^tc.,°uffici°ent 
appointed  as  aforesaid,  to  pay  and  satisfy  an  execution  or  feHu?eof'righVs, 
comply  with  a  decree  of  court  against  it,  shall  be  deemed  «"=• 
sufficient  ground  for  a  forfeiture  of  its  rights  under  the 
foregoing  provisions  of  this  chapter,  such  forfeiture  to  be 
enfoi'ced  liy  information  brought  by  the  attorney-general 
in  his  discretion. 

Sectiox  5.     The  selectmen  of  said  towns  of  Belling-  selectmen  may 
ham    and  Franklin  may,   after  due   notice  and   hearing,  mission  or  direc- 
revoke  any  permission  or  direction  given  by  virtue  of  the  ^1°°  siven,  etc. 
provisions  of  this  act,  and  order  the  poles,  wires  and  other 
fixtures  of  said  company  to  l)e  removed  from  said  public 
roads  and  highways ;  and  all  such  poles,  wires,  tixtures 
and  other  property  of  said  company  not  removed  within  a 
reasonable  time  thereafter  shall  be  forfeited  to  said  town. 

Section  6.     The    selectmen    of  said   Bellingham   and  f„^jfe?uuabie 
Franklin  shall  ha^e  the  power  at  all  times  to  make  such  regulations, etc. 
regulations  in  relation  to  the  use  and  operation  of  wires 
and  the  mode  and  purpose  of  use  thereof,  within  the  limits 
of  their  res[)ective  towns,  as  the  public  convenience  and 
safety  may  require.  Ajyproved  May  26,  1893. 


1102 


Acts,  1893.  — Chap.  391. 


CJiap.391 


Scltuate  Water 
Company  incor- 
porated. 


May  take  cer- 
tain watere, 
lands,  etc., 
erect  dams,  etc. 


May  construct 
and  lay  down 
conduits,  pipes, 
etc. 


An  Act  to  incorporate  the  scituate  water  company. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  D.  Sanford  Jenkins,  Louis  T.  Gushing, 
James  N.  Turner,  James  B.  Fuller  and  Moyses  R.  Sim- 
mons, their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Scituate  Water  Company, 
for  the  purpose  of  supplying  the  inhal)itant8  of  the  town 
of  Scituate  with  water  for  the  extinguishment  of  fires  and 
for  domestic,  manufacturing  and  other  purposes  ;  with  all 
the  powers  and  privileges  and  su])ject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  applicable  to 
such  corporations. 

Section  2.  Said  corporation,  for  the  purposes  afore- 
said, may  lease,  take,  acquire  by  purchase  or  otherwise, 
and  hold  the  waters  of  Satuit  brook  within  the  limits  of 
said  town  of  Scituate,  and  all  water  rights  connected 
therewith,  and  obtain  and  take  water  by  means  of  bored, 
driven,  artesian  or  other  wells,  on  land  within  the  limits 
of  said  town  of  Scituate,  on  the  southerly  side  of  Willow 
street  and  easterly  of  the  tracks  of  the  Old  Colony  Rail- 
road Company,  and  hold  them  and  convey  said  waters 
through  said  town  ;  and  may  also  take  and  hold,  by  lease 
or  otherwise,  all  lands,  rights  of  way  and  easements  neces- 
sary for  holding  and  preserving  such  water  and  conveying 
the  same  to  any  part  of  said  town,  and  erect  on  the  land 
thus  taken  or  held  proper  dams,  fixtures  or  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  maintenance 
of  complete  and  effective  water  works  ;  and  may  construct 
and  lay  down  conduits,  pipes  and  other  works,  over  and 
under  any  lands,  water  courses,  railroads,  highways,  town 
ways,  public  or  private  ways  of  any  nature,  kind  or  de- 
scription, and  along  such  ways,  and  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same ;  and  for  the  pur- 
pose of  constructing,  maintaining  and  repairing  said  con- 
duits, pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  said  corporation  may  dig  u\)  any  such  lands, 
and,  under  the  direction  of  the  board  of  selectmen  of  said 
town  of  Scituate,  enter  upon  and  dig  up  any  such  ways  in 
such  manner  as  to  cause  the  least  hindrance  to  public 
travel  thereon.     The  right  hereinbefore  granted  to  dig  up 


Acts,  1893.  — Chap.  391.  1103 

said  lands  and  ways,  to  lease,  take,  acquire  and  hold 
waters  and  convey  them  through  said  town  for  the  pur- 
l)ose  of  the  establishment  and  maintenance  of  complete 
and  etlective  water  works,  shall  ap[)ly  ecjually  to  waters 
now  owned  by  said  persons  named  in  section  one  of  this 
act,  or  any  of  them,  and  to  structures,  dams,  conduits  and 
other  appurtenances  to  complete  and  effective  water  works, 
now  owned  4ind  laid  by  them  or  either  of  them. 

Sectiox  3.     The  said  corporation  shall,  within   sixty  a  description  of 
days  after  the  taking  of  any  lands,  rights  of  way,  water  t^ken'to'be 
rights,  water  sources  or  easements  as  aforesaid,  other  than  JsTr^'of'deeds!^' 
l)y  purchase,  iile  and  cause  to  be  recorded  in  the  registry  ^tc. 
of  deeds  for  the  county  of  Plymouth  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purposes  for  which  the  same  were  taken,  signed  by 
the  president  of  the  corporation. 

Section  4.  The  said  corporation  shall  pay  all  damages  Damages. 
sustained  b}'  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  l)y  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  |)roperty  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  appli- 
cation 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  Distribution  of 
water  through  said  town  of  Scituate  ;  may  regulate  the  ^ntTactTetc. 
use  of  said  water  and  fix  and  collect  the  rates  to  be  paid 
for  the  use  of  the  same  ;  and  may  make  such  contracts 
with  the  said  town  or  with  any  fire  district  that  is  or  may 
hereafter  be  established  therein,  or  with  any  individual 
or  corporation,  to  supply  water  for  the  extinguishment 
of  fire  or  for  any  purposes,  as  may  be  agreed  upon  by 
said  town  or  such  fire  disirict,  individual  or  corporation, 


1104 


Acts,  1893.  — Chap.  391. 


Real  estate, 
capital  stock, 
mortgage  bonds, 
etc. 


Town  of  Scitu- 
ate  may  take 
franchise,  prop, 
erty,  etc. 


Annual  state- 
ment to  be 
made. 


Authority  to 
purchase  to  be 
assented  to  by 
a  two  thirds 
vote. 


and  said  corporation  ;  and  may  estal)lish  public  fountains 
and  liydrants  and  relocate  and  discontinue  the  same. 

Section  6.  Tlie  said  corporation  may,  for  the  pur- 
poses set  forth  in  this  act,  liold  real  estate  not  exceeding 
in  value  twenty  thousand  dollars,  and  the  whole  capital 
stock  of  said  corporation  shall  not  exceed  sixty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each ;  and  said  corporation  may  issue  l)onds  to  an  amount 
not  exceeding  the  amount  of  its  capital  stock  actually  paid 
in  and  applied  to  the  purpose  of  its  incorporation,  and 
may  secure  the  same  at  any  time  by  a  mortgage  of  its 
franchise  and  property. 

Section  7.  The  town  of  Scituate  shall  have  the  right 
at  any  time  to  take,  by  purchase  or  otherwise,  the  fran- 
chise, corporate  property  and  all  the  rights  and  privileges 
of  said  corporation,  on  payment  to  said  corporation  of 
the  actual  cost  of  its  franchise,  works  and  property  of  all 
kinds  held  under  the  provisions  of  this  act,  including  in 
such  cost  interest  on  each  expenditure  from  its  date  to  the 
date  of  said  purchase  or  taking,  as  herein  provided,  at 
the  rate  of  five  per  cent,  per  annum.  If  the  cost  of 
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  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  l)e  deducted  from  the  total 
cost.  An  itemized  statement  of  the  receipts  and  expendi- 
tures of  the  said  corporation  shall  be  annually  submitted 
to  the  selectmen  of  the  town  of  Scituate  and  by  said 
selectmen  to  the  citizens  of  said  town.  If  said  corpora- 
tion has  incurred  indebtedness,  the  amount  of  such 
indebtedness  outstanding  at  the  time  of  such  taking  shall 
be  assumed  by  said  town,  and  shall  be  deducted  from  the 
amount  required  to  be  paid  by  said  town  to  said  corpo- 
ration under  the  foregoing  provisions  of  this  section. 
This  authority  to  purchase  such  franchise  and  property  is 
granted  on  condition  that  the  purchase  is  assented  to  by 
said  town  by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  meeting  legally  called  for 
that  purpose,  and  at  which  there  are  present  and  voting 
not  less  than  one  hundred  of  the  legal  voters  of  said  town. 


Acts,  1893.  — Chap.  391.  1105 

Section  8.  The  said  town  may,  for  the  purpose  of  scUunte  Water 
payiiiix  the  cost  of  said  franchise  and  corporate  property  oxcco'ding 
and  the  necessary  expenses  and  liabilities  incurred  under  *^  "'"'^^* 
the  provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  in  the  aggre- 
gate one  hundred  thousand  (h)lhirs ;  such  bonds,  notes 
and  scrip  shall  bear  on  their  face  the  words,  Scituate 
Water  Loan  ;  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  the  date  of  issue,  shall 
bear  interest  ])ayable  semi-annually  at  a  rate  not  exceed- 
ing six  per  centum  per  annum,  and  shall  be  signed  l)y  the 
treasurer  of  said  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  })urposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper.     And  said  town  shall  pay  the  interest  upon  said  sinking  fund 

I  -4-  1      U    11  -J      -f        ^1  4.      c    or  proportionate 

loan  as  it  accrues,  and  shall  provide  tor  the  payment  ot  payments. 
said  principal  at  maturity,  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  con- 
tribute thereto  annually  a  sum  sufficient  wdth  its  accumu- 
lations to  pay  the  principal  of  said  loan  at  maturity  ;  and 
said  sinkino-  fund  shall  remain  inviolate  and  plecWed  to 

O  ^  JL  ~ 

the  payment  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  annual  payments  the  amount 
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  Return  of 
of  chapter  eleven  of  the  Public  Statutes   shall  state   the  iTgTu'ncror""'" 
amount  of  any  sinking  fund  established  under  this  act,  111^^1^^.^^^ 
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  expended  therefor  for  the  current  year. 

Section  10.     After  the  purchase  of  said  franchise  and  fxpe™ge8,°inter- 
corporate  property,  as  herein  provided,  the  said  town  shall  est,  etc. 
raise  annually  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 


1106 


Acts,  1893.  — Chap.  391. 


Extension  of 
water  works, 
etc. 


Water  commis- 
eioners,  elec- 
tion, powers, 
duties,  etc. 


Security  for 
payment  of 
damages,  etc. 


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  meet- 
ing called  for  the  purpose,  to  raise  1>y  taxation  any  sum 
of  money  for  the  purpose  of  enlarging  or  extending  its 
water  works  and  providing  additional  appliances  and  fix- 
tures 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  bal- 
lot three  persons  to  hold  ofiice,  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 
such  commissioner  shall  be  elected  by  Ijallot  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  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  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  meeting  called  for  the  purpose.  No 
money  shall  be  drawn  from  the  town  treasury  on  account 
of  said  water  works  except  by  a  written  order  of  said 
commissioners  or  a  majority  of  them.  Said  commissioners 
shall  annually  make  a  full  report  to  said  town,  in  writing, 
of  their  doings  and  expenditures. 

Section  12.  The  county  commissioners  for  the  county 
of  Plymouth  shall,  upon  a})plication  of  the  owner  of  any 
land,  water  or  water  rights  taken  under  this  act,  require 
said  corporation  to  give  satisfactory  security  for  the  pay- 
ment 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 


Acts,  1893.— Chap.  392.  1107 

party,  make  an  estimate  of  the  damages  which  may  result 
from  such  taking;  and  the  said  county  commissioners 
sliall  in  like  manner  retjuire  further  security  if  at  any 
time  the  security  before  re(iuire(l  a])])ears  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  purposes  of  making  surveys,  shall  be 
suspended  until  it  gives  the  security  required. 

Section  13.     Whoever  wilfully  or  wantonly  corrupts,  Penalty  for  wii- 
poUutes  or  diverts  any  of  the  waters  taken  or  held  under  or  p''o°uution°o°f 
this  act,  or  injures  any  structure,  work  or  other  property  ^^''^^'  ^^'^' 
owned,  held  or  used  by  the  persons  herein  named,  or  their 
successors    or  assigns,  under  the   authority  and    for  the 
purposes  of  this  act,  shall  forfeit  and  pay  to  said  persons 
above-named,  their  successors  or  assigns,  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  by 
an  action  of  tort ;  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  under  the  authority  of  and  for  the 
purposes  of  this  act,  shall  be  punished  by  a  fine  not  ex- 
ceeding three  hundred  dollars  or  by  imprisonment  not 
exceeding  one  year. 

Sectiox  1-4.  The  said  town  may  adopt  by-laws  pre-  Management  of 
scribing  by  whom  and  how  meetings  may  be  called  and  elc!*^"^  """^  ^' 
notified  ;  the  said  town  may  also  provide  rules  and  regula- 
tions for  the  management  of  its  water  works,  and  not 
inconsistent  with  this  act  or  the  laws  of  the  Common- 
wealth, and  may  choose  such  other  ofiicers  not  provided 
for  in  this  act  as  it  may  deem  proper  and  necessary. 

Section  15.     This  act  sliall  take  effect  upon  its  passage,  J°  be  void  un- 
but  shall  become  void  unless  work  under  this  act  is  com-  commenced 
menced  within  three  years  from  the  date  of  its  passage.       years?  ^  ^^^ 

Approved  May  26,  1893. 

An  Act  authorizing  the  treasurer  of  the  commonwealth  HTjfjYi  SQ^ 
TO  receive  and  hold  the  sum  of  one  hundred  thousand  ^  ' 

dollars    given    TO    THE    COMMONWEALTH    IN    TRUST    FOR     THE 
BENEFIT   OF   THE   MILLICENT    LIBRARY   CORPORATION. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  treasurer  of  the  Commonwealth  may  Treasurer  to 
receive  and  hold  in  trust  the  sum  of  one  hundred  thousand  in°trutt°etc'^.° 
dollars  given  to  the  Commonwealth  of  Massachusetts  by 


1108  Acts,  1893.  — Chap.  393. 

Henry  H.  Eogers  of  New  York,  for  the  benefit  of  the 
Millicent  Lil)rary  Corporation,  for  the  purposes  of  a  public 
library  in  Fairhaven.  For  the  faithful  management  of 
the  property  so  received  by  the  treasurer  he  shall  be 
responsible  upon  his  bond  to  the  Commonwealth,  as  for 
other  funds  received  by  him  in  his  official  capacity. 
commiBsionere  Section  2.  The  Secretary  of  the  board  of  education 
of  fund.  and  the  treasurer  of  the  Commonwealth  shall  be  commis- 

sioners, whose  duty  it  shall  be  to  invest  and  reinvest  in 
the  name  of  the  Commonwealth  the  fund  derived  from 
such  gift ;  to  manage  the  same  and  to  report  annually  to 
the  general  court  on  the  condition  and  income  thereof. 
All  investments  and  reinvestments  of  said  fund,  or  any 
part  thereof,  shall  be  made  with  the  approval  of  the 
governor  and  council. 
^l"'mentTof  SECTION  3.     The  treasurer  of  the  Commonwealth  shall 

income  of  fund,  pay  ovcr  the  net  income  derived  from  such  gift,  semi- 
annually, to  the  said  Millicent  Library  Corporation,  for 
the  maintenance  or  improvement  of  its  public  li1)rary,  in 
accordance  with  the  terms  of  such  gift.  The  receipt  of 
the  treasurer  of  the  Millicent  Library  Corporation  shall  be  a 
com})lete  discharge  to  the  treasurer  of  the  Commonwealth 
for  the  amount  so  paid  over ;  and  in  case  of  all  payments 
so  made  the  treasurer  of  the  Commonwealth  shall  not  be 
held  accountable  in  any  way  for  the  application  thereof. 
The  net  income  of  the  said  fund  shall  be  determined  after 
deducting  all  necessary  and  proper  expenses  incurred  in 
the  administration  of  said  fund,  and  after  reserving  such 
amount  of  the  gross  income  as  in  the  opinion  of  said  com- 
missioners is  necessary  to  maintain  the  principal  of  said 
fund  intact. 
Ipon^LlfT  Section  4.  This  act  shall  take  effect  upon  the  receipt 
01  gift.  by  the  treasurer  of  the  Commonwealth  of  the  said  gift  of 

one  hundred  thousand  dollars. 

Approved  May  26,  1893. 

GAax>.393  ^'^  ^^^"^  ^^  provide  a   water  supply  for  the   state  camp 

GROUND   AT   FRAMINGHAM. 

Be  it  enacted,  etc.,  as  follows: 
Water  supply         Section  1.     For  the  purpose  of  securing  a  water  sui> 

for  state  camp  .^  ,  .     ,  ijt-t  'i-i  t     .        . 

ground.  ply  for  tlic  statc  caiup  ground  at  Jbramingham  the  adjutant 

general  is  hereby  authorized,  in  the  name  and  behalf  of 
the  Commonwealth,  to  take  and  hold  the  waters  of  Leon- 


Acts,  1893.— Chap.  393.  1109 

ard's  pond  in  said  Frauiingham,  or  any  other  source  of 
water  supply  situated  near  said  camp  ground,  and  take^ 
and  hold,  by  purchase  or  othern'ise,  within  three  months 
after  the  passage  of  this  act,  such  lands,  rights  of  way  and 
easements  in  said  town  as  may  be  necessarj^  for  holding 
and  preserving  an}^  such  water  supply  and  for  conveying 
the  same  to  any  part  of  said  camp  ground,  and  may  erect 
on  land  thus  taken  or  held,  proper  dams,  buildings,  fix- 
tures and  other  structures  and  make  excavations  necessary 
for  the  construction  and  maintenance  of  water  works ;  and 
may  construct  and  maintain  conduits,  pipes  and  other 
works,  through  or  over  any  lands,  water  courses,  public 
or  private  ways,  and  along  such  ways  in  such  manner  as 
not  unnecessarily  to  obstruct  the  same  :  and  for  the  pur- 
pose of  constructing,  maintaining  and  repairing  such  con- 
duits, pipes  and  other  works,  and  for  all  proper  purposes 
of  this  act,  may  dig  up  any  such  lands,  and,  under  the 
direction  of  the  selectmen  of  said  town,  may  enter  upon 
and  dig  up  any  such  ways  in  such  manner  as  to  cause  the 
least  hindrance  to  pul)lic  travel. 

Section  2.     Said  adjutant  general  shall,  within  sixty  a degcnption  of 
days  after  the  taking  of  any  lands,  otherwise  than  by  pur-  bTreMrded'ui 
chase,  cause  to  be  recorded  in  the  registry  of  deeds  for  the  deldTetc! 
count}^  of  Middlesex,  southern  district,   a  description  of 
the  lands  so  taken,  as  certain  as  is  required  in  a  common 
conveyance  of  lands,  with  a  statement  that  said  lands  are 
taken  under  the  authority  of  this  act ;  and  the  title  of  any 
lands  so  taken  shall  vest  in  the  Commonwealth. 

Section  3.  The  Commonwealth  shall  pay  all  damages  Damages, 
sustained  by  persons  in  their  property  by  such  takings ; 
and  if  any  person  sustaining  damage  and  the  governor  and 
council  fail  to  agree  as  to  the  amount  of  damages  so  sus- 
tained, said  person  or  the  governor  and  council  may, 
within  one  year  from  such  taking,  file  in  the  ofiice  of  the 
clerk  of  the  superior  court  for  the  county  of  Middlesex  a 
petition  for  a  jury  to  determine  such  damages,  and  there- 
upon, after  such  notice  as  said  court  shall  order,  the 
dainages  shall  be  determined  by  a  jury  in  said  court  in  the 
same  manner  as  damages  for  lands  taken  for  highways  are 
determined,  and  costs  shall  be  taxed  as  in  civil  cases. 
Said  damages  and  the  amounts  agreed  to,  where  the  terms 
of  purchase  are  established  by  agreement,  shall  be  paid 
from  the  treasury  of  the  Commonwealth,  in  the  same  man- 
ner as  other  lawfid  claims,  upon  the  execution  of  such 


1110  Acts,  1893.  —  Chaps.  394,  395. 

release  or  conversance  by  the  party  or  parties  in  interest 
as  shall  be  prescril^ed  by  the  attorney-general. 

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

Approved  May  26,  1893. 

Chat>.3d4:   ^^  -^^^   RELATING  TO   THE   COMPENSATION  OF  ATTORNEYS  ASSIGNED 

BY  THE  COURT  IN  MURDER  CASES 

Be  it  enacted,  etc.,  as  follows: 
Expenses  of  SECTION  1.     Reasonable   expenses   incurred   and  paid 

attorney  as-  .iii  /-itpp 

signed  by  court  by  auy  attomcy  assigned  by  the  court  for  the  defense  of 

in  murder  cases.      *^  "^  •      t  "1     i    i*  n  i  t      •  ^i 

a  person  indicted  for  murder,  such  person  benig  other- 
wise unable  to  procure  counsel,  shall  ])e  paid  by  the 
county  in  which  the  trial  or  other  proceedings  take  place, 
provided  such  expenses  have  been  approved  by  any  justice 
of  the  superior  court,  sitting  in  the  trial  or  other  proceed- 
ings of  the  case. 
compenBation.  SECTION  2.  Ally  justicc  of  tlic  supcHor  coui't  sitting 
in  the  trial  or  other  proceedings  of  the  case  may  allow 
reasonable  compensation  for  the  services  rendered  by  any 
attorney  who  is  assigned  to  defend  any  person  indicted 
for  the  crime  of  murder,  such  person  being  otherwise 
unable  to  procure  counsel,  which  shall  be  paid  by  the 
county  in  which  the  trial  or  other  proceedings  take  place. 
Section  3.     This  act  shall  apply  to  cases  now  pending. 

Ap2Jroved  May  26,  1893. 


CA«^.395AN    Act 


RELATIVE    TO    THE    BUILDING    OF    AN    ASYLUM    FOR    THE 
CHRONIC  INSANE. 


insane 


Be  it  enacted,  etc.,  as  follows: 

fu'tho"rfied7or  "^^^  buildiug  committec  appointed  under  authority  of 
the  building  of  chapter  four  hundred  and  twenty-five  of  the  acts  of  the 
the  chronic  year  eighteen  hundred  and  ninety-two  are  authorized  to 
expend  for  the  purposes  named  and  under  the  conditions 
prescribed  in  said  act,  the  sum  of  two  hundred  thousand 
dollars  in  addition  to  the  amount  authorized  by  section 
three  of  said  act :  provided,  however,  that  no  portion  of 
the  sum  above-mentioned  shall  be  expended  during  the 
years  eighteen  hundred  and  ninety-three  and  eighteen 
hundred  and  ninety-four.  Approved  May  26,  1893. 


Acts,  1893.  — Chap.  396.  1111 


An  Act  revising  and  consolidating  the  laws  relating  to  QJiap.^dQ 

IHSTKICT   AND   POLICE   COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The    several   counties,    by  their  commis-  piacee,  etc.,  to 
sioners,  shall  provide  suitable  places  for  holding  the  several  thVhoidirfg  of"^ 
district  and  police  courts  of  the   Commonwealth  in  the  poucecouns. 
cities  and  towns  where  by  law  they  are  required  to  be  «t«- 
held,    and   to   that   end    said    commissioners    shall    have 
authority  to  erect  or  hire  suitable  buildings  or  rooms  and 
to  furnish  the  same,  and  to  provide  for  the  heating  and 
care  thereof,  and  to  do  all  other  things  incidental  thereto, 
the  expense  thereof  to  be  paid  from  the  county  treasury. 
The  justices  and  clerks  of  said  courts  may  obtain,  by  pur- 
chase or  otherwise,  all  books,  l)lanks,  stationery  and  other 
incidentals  required  by  said  courts,  the  expenses  of  which 
shall    be    certified   by  the  justices  thereof  monthlv  and 
transmitted  to  the  said  commissioners,  who  shall  audit  the 
same  and  order  pa^'ment  thereof  to  the  parties  entitled 
thereto,  like  other  demands  against  the  county. 

Section  2.     There  shall  be  one  justice  and  two  special  P^o  Sfdal  fus^. 
justices  of  each  of  said  courts.     The  justices  and  special  ^^^^^/""^  ^'"^^ 
justices  now  appointed  shall  continue  to  hold  their  otfices 
according  to  the  tenor  of  their  commissions  ;  and  as  vacan- 
cies   occur,  other  justices   and   special  justices   shall    be 
appointed  in  the  manner  provided  by  the  constitution. 

Section  3.     All  clerks  of  district  and  police  courts,  cierks,  appoint- 
except  as  provided  in  the  three  following  sections,  shall  be  Snorand"''' 
appointed  by  the  governor  with  the  advice  and  consent  of  term'^of  office. 
ths  council,  and  shall  hold  their  ofiices  for  the  term  of  five 
years.     The  present  clerks  of  said  courts  shall  hold  their 
several  ofiices  for  the  terms  for  which  they  have  been 
commissioned. 

Section  4.     The  iustice  of  any  of  said  courts,  when  no  cierk.  appoint- 

11.  .Ill  -A  iij.1  •!    ttient  by  justice, 

clerk  IS  required  by  law,  may  appoint  a  clerk,  to  be  paici  tem  of  office. 
by  him,  for  whose  official  acts  and  doings  he  shall  be  re- 
sponsible, and  who  shall  hold  his  oflSce  during  the  pleasure 
of  said  justice. 

Section  5.     The  clerk  of  any  of  said  courts  may,  sul>  Aasistantcierke. 
ject  to  the  approval  of  the  justice,  appoint  from  time  to 
time  to  aid  him  in  the  discharge  of  his  duties  one  or  more 
assistant  clerks,  who  shall  be   removable  at  the   pleasure 
of  the  clerk,  or  of  the  court,  for  whose  doings  he  shall  be 


1112 


Acts,  1893.  — Chap.  396. 


Clerk  pro 
tempore. 


Bond  of  clerk, 
or  justice  when 
no  clerk  is  re- 
quired by  law. 


Clerks  to  be 
sworn,  powers, 
duties,  office 
hours,  etc. 


Accounting  and 
paynicni  of 
fees,  expenses, 
etc.,  by  clerks. 


responsible,  and  wlio  shall  be  paid  by  him,  except  in  cases 
where  salaries  are  allowed  and  fixed  by  law. 

Section  6.  In  case  of  the  absence,  death  or  removal 
of  a  clerk,  the  justice  ma}'  appoint  a  clerk  pro  tempore, 
who  shall  have  and  exercise  all  the  i)owers  and  perform 
all  the  duties  of  the  clerk,  and  act  until  the  clerk  resumes 
his  duties,  or  the  vacancy  is  filled  by  appointment  l)y  the 
governor. 

Section  7.  The  clerk  of  any  of  said  courts,  or  the 
justice  thereof  when  no  clerk  is  required  l)y  law,  before 
entering  upon  the  duties  of  his  oflice,  shall  give  bond  to 
the  treasurer  of  the  county,  with  suflicient  sureties  to  be 
approved  by  some  justice  of  the  superior  court,  in  the  sum 
of  one  thousand  dollars,  with  condition  to  account  for  and 
pa}^  over  as  required  by  law,  and  at  the  time  so  required, 
all  fines,  forfeitures,  fees  and  moneys  which  he  shall 
receive  in  the  exercise  of  his  oflice.  A  failure  so  to  ac- 
count or  pay  over  shall  be  a  breach  of  his  bond,  and 
a  failure  to  give  such  bond  shall  be  a  sufficient  cause  for 
his  removal  from  office. 

Section  8.  Clerks,  assistant  clerks  and  clerks  pro 
tempore  of  said  courts  shall  be  sworn.  They  or  one  of 
them  shall  attend  all  sessions  of  the  court,  unless  a  dif- 
ferent provision  in  any  particular  case  has  been  made  b}' 
law,  and  keep  a  record  of  all  its  proceedings.  The  clerk, 
when  the  office  of  clerk  is  established  by  law,  may  make 
and  issue  warrants,  writs  and  processes,  shall  make  all 
returns  of  the  court,  tax  all  bills  of  cost,  and  receive  all 
fines,  forfeitures,  fees  and  costs  accruing  from  the  busi- 
ness of  the  court  in  civil  and  criminal  cases,  including 
fees  for  blanks  and  copies,  and  when  no  clerk  is  ap- 
pointed, the  justice  shall  keep  a  record  of  the  proceedings 
and  perform  all  the  other  duties  of  a  clerk.  The  clerk 
shall  keep  his  office  open  during  such  hours  as  the  court 
shall  order. 

Section  9.  Clerks  of  said  courts  shall,  on  or  before 
the  tenth  day  of  January,  April,  July  and  October,  in 
each  year,  account  for  and  pay  over  to  the  county  all 
moneys  received  by  them  from  civil  business,  including 
fees  for  blanks  and  copies,  and  to  the  cities  and  towns  all 
fines  and  forfeitures  received  by  them  and  payable  to  any 
city  or  town,  and  render  to  the  treasurers  thereof  a  de- 
tailed account  on  oath  of  the  same,  said  payments  to 
include  the  balances  due  and  payable  at  the  end  of  the 


Acts,  1893.  — Chap.  396.  1113 

(luartor  next  prcocding  the  day  of  payuiont :  provided, 
tliat  tlu>y  shall  at  the  end  of  a  eriminal  case,  or  inqnest, 
in  which  fees  and  expenses  accrue,  pay  the  fees  and  ex- 
penses of  officers  entitled  to  such  by  laAV,  from  the  funds 
in  their  hands  payable  to  the  city  or  town  liable  by  law 
for  the  payment  of  such  fees  and  expenses,  if  they  have 
sufficient  funds  therefor,  and  the  fees  of  witnesses  for  the 
Commonwealth  entitled  to  such  by  law,  from  the  funds 
furnished  them  by  the  county  treasurer  for  that  purpose, 
or  out  of  any  funds  paid  into  court  and  payable  to  the 
county,  except  naturalization  fees,  and  the  amounts  so 
paid  shall  be  allowed  in  their  settlement  with  the  county, 
city  and  town  treasurers. 

Section  10.     No  justice,  clerk  or  assistant  clerk  of  any  Justices  and 
district  or  police  court  shall  be  retained  or  employed  as  act'^as^'auomeyB, 
attorney  in  a  suit,  complaint  or  proceeding  pending  in  his  ®'*^' 
court,  or  which  has  been  examined  or  tried  therein ;  and 
no  special  justice  shall  be  so  retained  or  employed  in  any 
case  in  which  he  officiates  or  has  officiated. 

Section  11.  No  justice,  or  special  justice  when  acting  not  to  receive 
in  the  place  of  the  justice,  and  no  clerk  or  assistant  clerk 
of  any  such  court,  shall  receive  any  fee  or  compensation 
to  his  own  use,  besides  his  regular  salary  or  allowance, 
for  making  or  issuing  in  any  capacity,  complaints,  war- 
rants, subpoenas,  or  other  criminal  processes  which  he  is 
authorized  l)y  law  to  issue,  or  for  any  official  services  per- 
formed by  him  in  court.  No  such  clerk  shall  receive,  in 
addition  to  his  salary,  any  fee  or  compensation  for  making 
out  bail  papers,  or  admitting  a  prisoner  to  bail  while  the 
court  is  in  session,  or  during  the  hours  wdien  his  office  is 
required  to  be  open. 

Section  12.  District  and  police  courts  shall  have  Jurisdiction. 
original  jurisdiction  within  the  counties  in  which  they  are 
held,  exclusive  of  the  superior  court,  of  all  actions  of 
replevin  for  beasts  distrained  or  impounded  in  order  to 
recover  a  penalty  or  forfeiture  supposed  to  have  been 
incurred  by  their  going  at  large,  or  to  obtain  satisfaction 
for  damages  alleged  to  have  been  done  by  them ;  of  sum- 
mary processes  to  recover  land  under  chapter  one  hundred 
and  seventy-five  of  the  Public  Statutes  ;  and  of  all  actions 
of  contract,  tort  or  replevin,  where  the  debt  or  damages 
demanded  or  the  value  of  the  property  alleged  to  be  de- 
tained does  not  exceed  one  hundred  dollars ;  and  shall 
have  original  and  concurrent  jurisdiction  with  the  superior 


1114 


Acts,  1893.  — Chap.  396. 


Courts  in  which 
civil  actions 
shall  be  brought, 
etc. 


Jurisdiction  in 
certain  cases. 


Courts  may 
issue  scire 
facias  against 
executors,  etc. 


"Within  what 
time  to  be 
served. 


Limit  of  juris- 
diction in  such 
case. 


Writs,  forms 
of,  where  to 
run,  etc. 


court  of  actions  of  contract,  tort  or  replevin  where  the 
debt  or  damages  demanded  or  the  value  of  the  property 
alleged  to  be  detained  is  more  than  one  hundred  and  does 
not  exceed  one  thousand  dollars,  and  of  actions  to  enforce 
liens  under  chapter  one  hundred  and  ninety-one  of  the 
Public  Statutes,  where  the  amount  of  the  claim  does  not 
exceed  one  thousand  dollars. 

Section  13.  Civil  actions  brought  in  said  courts  shall 
be  brought  in  the  court  in  whose  district  some  one  of  the 
parties  lives  or  has  his  usual  place  of  business :  provided, 
that  actions  of  summary  process  to  recover  land  under 
chapter  one  hundred  and  seventy-five  of  the  Public 
Statutes  shall  be  l^rought  in  the  court  in  whose  district 
the  premises  in  controversy  are  situated.  The  jurisdic- 
tion of  said  courts,  when  some  one  of  the  parties  lives  or 
has  his  usual  place  of  ])usiness  or  the  premises  aforesaid 
are  situated  in  their  district,  shall  exclude  the  jurisdiction 
of  trial  justices.  This  section  shall  not  be  construed  to 
give  said  courts  jurisdiction  of  transitory  and  personal 
actions  unless  some  one  of  the  defendants  or  in  the  trustee 
process  all  the  persons  named  in  the  writ  as  trustees  live 
or  have  their  usual  place  of  business  in  the  county  in 
which  the  action  is  brought. 

Section  14.  Said  courts  may  issue  writs  of  scire  facias 
against  executors  and  administrators,  upon  a  suggestion 
of  waste  after  a  judgment  against  them,  and  also  against 
])ail  taken  in  a  civil  action  l)efore  them,  and  proceed  to 
judgment  and  execution  in  the  same  manner  as  the 
superior  court  might  do  in  like  cases. 

Section  15.  Such  writs  shall  be  served  not  less  than 
seven  days  before  the  return  day,  which  shall  be  not  more 
than  sixty  da3^s  from  the  date  thereof,  and  may  run  into 
any  county  in  which  the  defendant  may  be  found. 

Section  16.  It  shall  ])e  no  bar  to  such  suit  that  the 
debt  and  costs  on  the  original  judgment  together  exceed 
one  thousand  dollars ;  but  judgment  and  execution  may 
be  awarded  hy  the  court  for  the  whole  sum  due  to  the 
plaintiff  with  costs  of  the  new  suit. 

Section  17.  The  original  writ  in  all  civil  actions  com- 
menced before  said  courts  shall  l)e  a  summons  or  a  capias 
and  attachment,  the  forms  of  which  shall  be  regulated  as 
provided  in  chapter  one  hundred  and  sixty-one  of  the 
Public  Statutes,  and  shall  be  returned  not  more  than 
sixty  days  from  the  date  thereof,  and  may  run  throughout 


Acts,  1893.  — Chap.  396.  1115 

the  county  in  which  the  court  to  wliich  it  is  returnable 
is  held  ;  and  into  any  other  county  for  the  purpose  of  at- 
tachino;  ]iroperty  therein ;  or  for  service  on  a  defendant 
residing  in  another  county  when  one  of  several  defendants 
resides  within  the  district  of  such  court ;  or  on  a  defend- 
ant residing  in  another  county  when  a  person  dwelling  or 
having  his  usual  place  of  business  in  the  county  where  the 
court  is  held  is  summoned  as  a  trustee ;  and  for  service 
on  a  defendant  in  an  action  of  forcible  entry  and  detainer ; 
and  may  be  directed  to  and  served  by  any  officer  qualified 
to  serve  civil  process,  such  service  if  made  in  another 
county  to  be  made  fourteen  days  at  least  before  the  return 
day  ;  except  in  case  of  trustee  process  original  writs  issued 
by  said  courts  may  be  made  returnable  to  any  district  or 
police  court  in  the  Commonwealth.  Executions  may  l)e 
served  and  shall  be  obeyed  in  every  county  to  which  they 
are  directed. 

Section  18.     When  an  attachment  is  made  upon  a  writ  service  of  writs 

^  on  absent  de- 

returnable  before  a  district  or  police  court,  and  the  defend-  fendanis,  etc. 
ant  is  out  of  the  state,  so  that  no  service  can  be  made  on 
him,  and  he  has  no  agent  or  attorney  residing  within  the 
state,  the  court  may  order  the  action  to  be  continued  until 
notice  thereof  is  given  to  the  defendant  in  such  manner  as 
the  court  shall  order.  Upon  proof  of  such  notice  having 
been  given,  if  the  defendant  fails  to  appear  on  the  return 
da}'  of  such  notice,  judgment  may  be  entered  and  execu- 
tion issued  for  the  plaintift',  upon  his  giving  bond  to  the 
defendant  with  sufficient  surety  for  double  the  sum  for 
which  execution  is  to  be  issued,  to  repay  the  amount 
recovered,  if  within  one  year  from  the  rendition  of  judg- 
ment proceedings  are  begun  to  reverse  said  judgment  and 
it  is  reversed. 

Sectiox  19.     If  a    person   duly  served  with   process  Judgment,  for 
issued  by  said  courts  fails  to  appear  and  answer  thereto,  deTanit,  etc. 
his  default  shall  be  recorded  and  the  charge  against  him 
in  the  declaration  taken  to  be  true.     Upon  such  default, 
-or  when  the  plaintiff  maintains  his  action  upon  a  trial,  the 
court  shall  award  and  enter  judgment  for  such  sum,  not 
exceeding  the  amount  of  its  jurisdiction  in  the  case,  as 
upon  inquiry  it  finds  the  plaintiff  is  entitled  to  recover 
with  costs.     If  the  plaintiff  fails  to  enter  and  prosecute     for  defendant. 
his  action  or  if  upon  trial  he  does  not  maintain  the  same 
the  defendant  shall  recover  judgment  for  his  costs. 


1116  Acts,  1893.  — Chap.  396. 

fiDafwhen*^ft^/r       Section  20.     Wlicn  the   defendant   files    an    offer  of 

^fl'ed  under      judgment  in  said  courts,  under  the  provisions  of  section 

sixty-five  of  chapter  one  hundred  and  sixty-seven  of  the 

Public  Statutes,  and  judgment  is  rendered  thereon,  such 

judgment  shall  be  final. 

25"  26^not\cf*'        SECTION  21.      Scctions   twcuty-four,    twenty-five   and 

apply-  twenty-six  of  chapter  one  hundred  and  fifty-five   of  the 

Public  Statutes  shall  not  hereafter  apply  to  actions  before 

district  and  police  courts. 

Return  day,  etc.      Sectiox  22.     Saturday  of  each  week  shall  be  the  return 

day  for  writs,  processes,  notices  to  appear  and  citations 

in  all  civil  actions  and  proceedings  in  said  courts  :  pro- 

videdy  that  nothing  contained  in  this  section  shall  affect 

the   power  of  said  courts   to   make  notices  or  citations 

returnable  at  other  times. 

fiifan''a^°8w«         Section-  23.     Defendants  shall  file  an  answer  to  the 

to  the  deciara-     declaration  in  all  civil  actions  in  said  courts,  and  sections 

tion  m  all  civil  ,  i  i   •  /•  />/> 

actions, etc.  niuc,  clcven,  twclvc,  thirteen,  fourteen,  fifteen,  sixteen, 
seventeen,  eighteen,  nineteen,  twenty,  twenty-four,  twenty- 
fivQ,  tM  enty-six,  twenty-seven,  twenty-eight,  twenty-nine, 
forty,  forty-one  and  eighty-one  of  chapter  one  hundred 
and  sixty-seven  of  the  Public  Statutes,  in  addition  to  those 
named  in  section  eighty-nine  of  said  chapter,  shall  apply 
to  all  such  actions. 

^'the''supe°rTo^r'^       Sectiox  24.     A  party  aggrieved  by  the  judgment  of 

court,  etc.  a  district  or  police  court  in  a  civil  action,  may  within 
twenty-four  hours  after  the  entry  of  the  judgment  appeal 
therefrom  to  the  superior  court  then  next  to  be  held  in 
the  county  ;  in  which  case  no  execution  shall  issue  on  the 
judgment  appealed  from,  and  the  case  shall  be  entered, 
tried  and  determined,  in  the  court  appealed  to,  in  like 
manner  as  if  it  had  been  originally  commenced  there. 

me^a^bond.^etc.  SECTION  25.  No  appeal  from  a  judgment  of  a  district 
or  police  court  in  any  civil  action  or  proceeding,  except 
actions  under  chapter  one  hundred  and  seventy-five  of 
the  Public  Statutes,  shall  be  allowed,  except  as  provided 
in  the  four  following  sections,  unless  the  appellant  within 
twenty-four  hours  after  the  entry  of  judgment  files  a  bond 
with  a  surety  or  sureties  to  the  adverse  party,  to  be  ap- 
proved by  the  adverse  party  or  by  the  justice  or  the  clerk, 
in  a  reasonable  sum  to  be  fixed  by  the  justice  or  the  clerk, 
or  approved  by  the  adverse  party,  with  condition  to  ent«r 
and  prosecute  his  appeal  with  eflect,  and  to  satisfy,  within 
thirty  days  of  the  entry  thereof,  any  judgment  for  costs 


Acts,  1893.  — Chap.  396.  1117 

■which  may  be  entered  against  him  in  the  superior  court 
upon  said  appeal,  provided  that  the  justice  or  clerk  may 
for  cause  shown  extend  tlie  time  for  tiling  such  l^ond.  The 
attorney  of  record  of  the  appellant  may  execute  such  bond 
in  his  l)ehalf. 

Section  26.  In  lieu  of  tiling  a  bond  as  provided  in  Appellant  may 
the  preceding  section,  the  appellant,  or  any  person  in  his  deposit. 
behalf,  may,  with  the  like  effect,  deposit  with  the  clerk  of 
the  court  rendering  the  judgment,  or  with  the  justice  of 
such  court  having  no  clerk,  a  reasonable  sum  to  be  tixed 
l)y  the  clerk  or  justice  as  security  for  the  prosecution  of 
the  appeal  and  the  payment  of  the  costs.  A  certificate 
of  such  deposit  shall  be  issued  to  the  depositor  by  the 
clerk  or  justice  receiving  the  same. 

Section  27.     The  clerk  or  justice  receiving  such  sum  Money,  to  be 
shall  transmit  the  same  with  the  papers  to  the  clerk  of  the  ptperi!  ^^ 
superior  court  to  which  the  appeal  is  taken,  who  shall 
thereupon  deliver  or  forward  his  certificate  therefor  to 
such  clerk  or  justice. 

Section  28.  The  clerk  of  the  superior  court  shall  iiew!^'°^ 
hold  such  sum  until  the  final  disposition  of  the  case,  when 
he  shall  pay  the  same  or  any  part  thereof  to  the  party  for 
whose  security  it  was  originally  deposited,  for  his  costs, 
or  to  the  depositor  thereof,  as  the  court  may  order.  Said 
court  or  a  justice  thereof  may  also  give  directions  as  to 
the  manner  of  keeping  such  deposit. 

Section  29.     AVhen  an  appeal  is  claimed  by  the  defend-  ^""r^equi'Jed'"" 
ant  in  an  action  l)efore  a  district  or  police  court  in  which  when  bond  to 

i  dissolve  18 

such  defendant  has  given  a  bond  to  dissolve  the  attach-  given,  etc. 
ment  made  in  such  case  as  provided  by  law,  except  in  pro- 
ceedings under  chapter  one  hundred  and  seventy-five  of 
the  Public  Statutes,  and  when  an  appeal  is  claimed  by  the 
plaintiff  in  a  replevin  suit,  no  bond  or  deposit  shall  be 
required  for  the  allowance  of  such  appeal. 

Section  30.     When  an  appeal  is  taken  in  a  civil  action  Papers  to  be 
or  proceeding  in  said  courts,  the  clerk,  or  if  there  is  no  judgment  if' 
clerk  the  justice,  shall  transmit  the  original  writ  or  proc-  ?o  prosrcVte''^ 
ess  and  all  papers  connected  with  or  filed  in  the    case,  ^ppe^i. 
including  bonds,  and  also  a  brief  certificate  of  the  proceed- 
ings,  to  the  clerk  of  the   superior  court,  and  the  same 
shall  be  there  entered  by  the  appellant,  and  if  the  appel- 
lant fails  there  to  enter  and  prosecute  his  appeal   the 
superior  court  may  on   complaint  of  the  adverse  party 
affirm  the  fomier  judgment  or  render  such  other  judgment 
as  law  and  justice  may  require. 


1118 


Acts,  1893.  — Chap.  396. 


Records  In  cases 
appealed. 


Pleadings  on 
appeal. 


Final  jadgments 
may  be  reex- 
amined and 
tried  anew,  etc. 


Jurisdiction  of 
crimes  under 
the  degree  of 
felony,  etc. 


Sectiox  31.  In  an  action  or  proceeding  so  appealed 
the  clerk  of  the  district  or  police  court,  or  justice  when 
the  court  has  no  clerk,  shall  cause  to  be  entered  in  a 
docket  the  names  of  all  the  parties  to  the  same,  the  nature 
of  the  action  or  proceeding,  Avith  all  the  doings  of  the 
court  thereon  and  the  final  disposition  of  the  same,  with 
the  amount  of  costs  taxed  for  court,  service  and  witnesses, 
and  no  other  record  thereof  shall  be  required. 

Sectiox  32.  A  case  so  appealed  may  ])e  tried  in  the 
court  appealed  to,  upon  the  issue  joined  before  the  district 
or  police  court,  or  the  court  may  order  the  defendant  to 
plead  in  the  usual  manner,  and  the  case  shall  then  be  tried 
upon  such  issues  as  may  be  joined  therein. 

Sectiox  33.  Final  judgments  in  civil  actions  in  dis- 
trict or  police  courts  where  the  execution  has  not  been 
satisfied,  in  whole  or  in  part,  may  be  reexamined  and  tried 
anew  on  petition  therefor  filed  within  one  year  after  the 
recovery  of  judgment,  and  on  a  bond  given  as  provided  in 
section  nineteen  of  chapter  one  hundred  and  eighty-seven 
of  the  Public  Statutes.  After  the  filing  of  such  petition 
and  bond  the  court  may  order  notice  to  the  adverse  party, 
and  may  issue  a  stay  or  a  supersedeas  of  any  execution 
and  an  order  for  a  return  of  the  same,  with  a  certificate 
of  any  proceedings  thereon,  and  if  after  such  notice  the 
court  is  of  opinion  that  there  is  sufiicient  cause  it  may 
vacate  the  judgment,  stay  and  supersede  the  execution  and 
order  the  action  to  be  tried  anew  and  disposed  of  as  if 
said  judgment  had  not  been  rendered. 

Section  34.  District  and  police  courts  shall  have 
original  jurisdiction  concurrent  with  the  superior  court 
of  all  crimes  and  offences  under  the  degree  of  felony 
committed  within  their  respective  counties,  except  con- 
spiracies and  libels  and  cases  where  a  prosecution  by 
indictment  or  information  is  required  by  law,  and  each 
of  said  courts  may  impose  the  same  penalties  that  may  be 
imposed  by  the  superior  court  in  like  cases :  provided, 
that  the  jurisdiction  of  said  courts,  in  all  masters  relat- 
ing to  crimes  and  offences  committed  in  their  respective 
judicial  districts,  shall  exclude  the  jurisdiction  of  other 
district,  municipal  and  police  courts  and  trial  justices,  but 
an  offence  committed  on  the  boundary  line  of  two  such 
districts,  or  within  fifty  rods  of  such  line,  may  be  alleged 
to  have  l^een  committed  and  may  be  prosecuted  and  pun- 
ished in  either  district. 


Acts,  1893.  — Chap.  396.  1119 

Section  35.     They  shall  have  jurisdiction,  as   afore-  Jurigdiction,  of 
said,  of  felonies  punishable  by  imprisonment  other  than  mined  by°™ 
for  life,  connnitted  1)y  juvenile  oflenders  under  seventeen  i'Jgf'"''^  °^^^'^' 
years    of  age,  and  upon  conviction    may  sentence    such 
oflenders   to  any  punishment   provided  by  law    for   the 
ofl'ence,  other   than   imprisonment   in    the    state    prison, 
or  may  commit  them  to  any  institution  established  by 
authority  of  the  laws  of  the  Commonwealth  for  the  ref- 
ormation of  juvenile  oflenders,  or  may  order  the  oflenders 
to  recognize  with  surety  or  sureties  for  their  appearance 
before  the  superior  court  in  due  course  of  law. 

Section  36.  They  shall  have  jurisdiction,  as  aforesaid,  crimfoIurBes. 
of  the  oflence  of  assault  and  battery,  including  cases  of 
assault  and  battery  with  a  weapon  dangerous  to  life  when 
there  is  no  intent  shown  to  commit  a  felony,  except  when 
committed  in  the  commission  of  or  in  the  attempt  to  com- 
mit a  felon}^,  or  when  the  life  of  the  person  assaulted  is 
in  danger,  or  such  person  is  maimed,  and  may  punish 
persons  found  guilty  of  such  ofl'ence  l)y  imprisonment  in 
the  jail  or  house  of  correction,  or,  if  the  defendant  is  a 
female  above  the  age  of  seventeen  years,  in  the  reforma- 
tory prison  for  women,  for  a  term  not  exceeding  one  year 
or  by  line  not  exceeding  one  hundred  dollars. 

Section  37.  They  may  punish  by  fine  not  exceeding  of  breaches  of 
fifty  dollars  or  b}^  imprisonment  in  the  jail  or  house  of  ^  v^^'^^- 
correction  not  exceeding  six  months,  persons  found  guilty 
of  disturbing  the  peace  to  the  great  damage  and  common 
nuisance  of  the  citizens  of  the  Commonwealth  inhabiting, 
being  and  residing  in  the  place  where  such  disturbance 
occurs,  also  aflrayers,  rioters,  all  who  go  armed  oflensively 
to  the  terror  of  the  people,  and  such  as  utter  menaces  or 
threatening  speeches,  or  are  otherwise  dangerous  and  dis- 
orderly persons. 

Section  38.     They  shall  have  jurisdiction,  as  afore-     of  larcenies, 
said,  of  larcenies;    of  oflences  of  obtaining  property  by  offence  where' 
any  false  pretence,  or  privy  or  false  token,   or  by  any  Dotexc?ed'$roo. 
game,  device,  sleight  of  hand,  pretended  fortune  telling, 
trick  or  other  means,  by  the  use  of  cards  or  other  imple- 
ments or  instruments ;  and  of  oflfences  of  buying,  receiv- 
ing, or  aiding  in  the  concealment  of  stolen  goods  or  other 
property,  where  the  property  alleged  to  be  stolen  or  so 
obtained,  bought,  received,  or  the  concealment  of  which 
is  so  aided,  is  not  alleged  to  exceed  the  value  of  one 
hundred  dollars ;  and  in  such  cases  may  punish  persons 


1120 


Acts,  1893.  — Chap.  396. 


Jurisdiction,  of 
indecent  expos- 
ure, common 
Duigances,  etc. 


of  offences 
against  city  and 
town  by  laws, 
ordinances,  etc. 


May  require 
recognizance  to 
keep  the  peace, 
etc. 


May  Issue  war- 
rants, commit, 
bind  over  for 
trial,  punish, 
etc. 


Proviso. 


found  guilty  of  any  of  said  offences,  by  imprisonment  in 
the  jail  or  house  of  correction  not  exceeding  two  years  or 
by  tipe  not  exceeding  one  hundred  dollars. 

Section  39.  They  shall  have  jurisdiction,  as  aforesaid, 
of  the  offence  of  indecent  exposure  of  the  person  ;  of  vio- 
lation of  the  provisions  of  section  one  hundred  and  three 
of  chapter  two  hundred  and  three  of  the  Public  Statutes, 
when  the  value  of  the  property  destroyed  is  not  alleged  to 
exceed  one  hundred  dollars ;  of  all  nuisances  at  common 
law ;  and  of  the  offence  at  common  law  of  keeping  and 
maintaining  a  common,  ill  governed  and  disorderly  house  ; 
and  in  such  cases  may  punish  by  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  in  the  jail  or  house 
of  correction  not  exceeding  one  year. 

Section  40.  They  shall  have  jurisdiction  of  offences 
against  city  and  tow^n  by-laws,  orders  and  ordinances, 
and  of  violation  of  the  laws  and  reo;ulations  relatinsf  to  the 
public  health,  and  of  complaints  for  defective  highways. 

Section  41.  They  may  require  persons  found  guilty 
of  any  offence  within  their  final  jurisdiction,  except  those 
named  in  the  preceding  section,  in  addition  to  the  punish- 
ment prescribed  by  law",  to  recognize  in  suflicient  sureties, 
in  a  reasonable  sum,  to  keep  the  peace  or  ])e  of  good 
behavior,  or  both,  for  a  term  not  exceeding  one  year, 
and  to  stand  committed  until  they  so  recognize.  The  pro- 
visions of  sections  thirteen,  sixteen  and  seventeen  of  chap- 
ter two  hundred  and  eleven  of  the  Public  Statutes  shall 
apply  to  recognizances  so  taken. 

Section  42.  They  may  receive  complaints  and  issue 
warrants  and  other  processes  for  the  apprehension  of  per- 
sons charged  with  criminal  ottences,  and  found  within 
their  county,  or  who  after  committing  offences  therein 
escape  therefrom,  returnable  before  some  court  or  trial 
justice  of  the  county  having  jurisdiction  of  the  examina- 
tion of  the  person  charged  with  the  offence,  and  shall 
commit  or  l)ind  over  for  trial  in  the  superior  court  those 
brought  before  them  wdio  appear  to  be  guilty  of  crimes  or 
offences  not  within  their  final  jurisdiction,  and  punish 
those  guilty  of  offences  within  their  jurisdiction  :  j^rovided, 
that  they  may  in  their  discretion  decline  to  exercise  final 
jurisdiction  in  any  case  in  which  the  superior  court  has 
concurrent  jurisdiction,  and  commit  or  bind  over  the 
defendant  for  trial,  as  aforesaid,  if  he  appears  to  be  guilty 
of  the  offence  charored. 


Acts,  1893.  — Chap.  396.  1121 


Section  43.  Justices  and  special  justices  of  said  courts  oenemi  powers, 
shall  be  conservators  of  the  peace,  and  as  such  upon  view  Bpiciauuluce'i. 
of  an  affray,  riot,  assault  or  battery  within  their  respective 
districts  may,  without  a  warrant  in  writing,  comiuahd  the 
assistance  of  every  sheriff,  deputy  sheriff,  constal)le  and 
police  officer,  and  all  others  present,  for  suppressing  the 
same,  and  for  arresting  all  that  are  concerned  therein,  and 
persons  so  arrested  shall  be  brought  before  some  court  or 
trial  justice  for  examination.  They  shall  examine  into 
treasons,  felonies,  high  crimes  and  misdemeanors,  and 
shall  cause  to  be  arrested  all  persons  charged  with  com- 
mitting offences,  and  may  at  any  time  receive  complaints 
and  issue  warrants,  including  search  warrants,  under  their 
own  hands  and  seals,  returnable  before  some  court  or  trial 
justice  having  jurisdiction  of  the  examination  of  the  per- 
son charged  with  the  offence. 

Section  44.      Clerks    of    district    and   police    courts,     ofcierka 
where  the    office    of  clerk    is    established    hy  law,    may  rstabUs^herby 
receive  complaints,  administer  to  complainants  the  oath  ''*^' 
required   thereto,    and   issue  warrants,    including  search 
warrants,  or  summonses,   returnable  as  required  in  case 
of  such  processes  issued  by  said  courts. 

Section  45.     The  issuing  of  a  w^arrant  by  said  courts  warrant  may  be 

,         T  1        -ii     •  1  1  1    dispensed  with, 

may  be  dispensed  with  in  any  case  where  a  person  charged  etcf,  officer  to 
with  an  offence  has  been  arrested  without  a  warrant  and  ment'^oVcoml 
brought  before  the  court  or  admitted  to  bail,  but  in  such  p'ai°'.  etc. 
case  the  officer  making  the  arrest  shall  indorse  upon  the 
complaint  a  statement  of  his  doings,  in  the  nature  of  a 
return. 

Section  46.     Warrants  and  other  criminal  processes  warrants,  etc., 
issued  by  said  courts,  justices  and  clerks,  may  be  directed  and  served,  etc. 
to  and  served  by  a  constable  or  police  officer  of  any  city 
or  town  in  which  the  court  has  jurisdiction,  and  by  any 
officer  authorized  to  serve  criminal  process,  in  any  county  ; 
and  said  courts,  justices,  special  justices  and  clerks  may  summonseB, 

,1  r  '^  •  '  etc.,  to  run 

issue  summonses  or  other  processes  tor  witnesses  in  crim-  throughout  the 
inal  cases,  to  run  throughout  the  Commonwealth,  to  be  co-^^n^oQ^eaith, 
served  by  the  sheriff,  his  deputy,  or  by  a  constable  or 
police  officer,  in  his  own  county,  city  or  town,  or  in  any 
other  county,  city  or  town,  in  which  any  witness  may  be. 

Section  47.      Every  person  convicted   of  an   offence  Appeals  in 
before  a  district  or  police  court  may  appeal  from  the  sen-  «='''™*°»'  «^«**- 
tence  to  the  superior  court  then  next  to  be  held  in  the 
county.     The  appellant  shall  be  committed  to  abide  the 


1122 


Acts,  1893.  — Chap.  396. 


Appellant  not 
required  to 
advance  fees. 


Witneeses  may 
be  bound  by 
recognizauceB. 


Papers  to  be 
trangmitted  in 
appeals  In  crimi- 
nal  cases. 


If  not  prose- 
cuted appellant 
to  be  sentenced. 


Appeal  may  be 
withdrawn. 


Proceedings  in 
Bucb  case. 


Appellant  to  be 
produced  in 
court  if  in  jail. 


sentence  of  ;?aid  court  until  he  recognizes  to  the  Common- 
wealth, in  such  reasonable  sum  and  with  such  surety  or 
sureties  as  the  court  requires,  with  condition  to  appear  at 
the  court  appealed  to,  and  at  any  subsequent  term  to  which 
the  case  is  continued,  if  not  previously  surrendered  and 
discharged,  and  so  from  term  to  term  until  the  iinal  sen- 
tence, order  or  decree  of  the  court  thereon,  and  to  abide 
such  final  sentence,  order  or  decree,  and  not  depaj-t  with- 
out leave,  and  in  the  mean  time  to  keep  the  peace  and  be 
of  good  behavior.  The  appellant  shall  not  be  required  to 
advance  any  fees  upon  claiming  his  appeal  or  in  prosecut- 
ing the  same. 

Section  48 .  On  such  appeal  said  courts  shall  have  the 
same  authority  to  bind  by  recognizances  witnesses  in  the 
case,  that  they  have  by  chapter  two  hundred  and  twelve 
of  the  Public  Statutes,  when  a  prisoner  is  admitted  to 
bail  or  committed. 

Section  49.  When  an  appeal  is  taken  to  the  superior 
court  in  a  criminal  proceeding  the  clerk  shall  transmit  a 
copy  of  the  complaint  and  of  the  record  of  conviction, 
the  original  recognizances,  a  list  of  the  witnesses  and  a 
statement  of  the  expenses,  and  no  other  papers  shall  be 
required  to  be  transmitted. 

Section  50.  If  the  appellant  fails  to  enter  and  prose- 
cute his  appeal  he  shall  be  defaulted  on  his  recognizance, 
if  any  was  taken,  and  the  superior  court  may  award  sen- 
tence against  him  for  the  ofience  whereof  he  was  convicted, 
in  like  manner  as  if  he  was  convicted  in  that  court,  and  if 
he  is  not  then  in  custody  process  may  be  issued  to  bring 
him  into  court  to  receive  sentence. 

Section  51.  The  appellant  may  at  any  time  before  the 
copy  of  the  record  of  conviction  has  been  transmitted  to 
the  clerk  of  the  court  appealed  to,  come  personally  before 
the  court  from  whose  sentence  the  appeal  was  taken,  and 
upon  motion  may  be  permitted  by  the  court,  at  its  discre- 
tion, to  withdraw  his  appeal  and  a])ide  by  the  sentence 
therein ;  whereupon  the  court  shall  order  that  the  appel- 
lant comply  with  the  sentence  appealed  from  in  the  same 
manner  as  if  it  were  then  first  imposed,  and  thereupon 
the  sureties  who  had  recognized  with  the  appellant  upon 
his  recognizance  to  prosecute  his  appeal  shall  be  dis- 
charged. 

Section  52.  If  such  appellant  is  detained  in  jail  for 
want  of  sureties  to  prosecute  his  appeal  he  may  give  no- 


Acts,  1893.  — CnAr.  396.  1123 

tice  of  his  desire  to  avail  himself  of  the  provisions  of  the 
l)receding  section  to  the  jailer,  who  shall,  as  soon  as  may 
be  thereafter,  cause  such  ap[)ellant  to  be  produced  before 
the  court  from  which  his  appeal  was  taken,  whereupon 
the  same  proceedings  may  be  had  as  are  provided  in  the 
preceding  section. 

Section  53.  In  such  case  compensation  shall  be  Fees  and  costs 
allowed  and  paid  to  the  jailer  for  his  costs  in  the  convey-  "ineTf '^ ^"^ 
ance  and  custody  of  the  appellant,  at  the  same  rate 
allowed  to  officers  serving  a  mittimus,  the  same  to  be  paid 
l)y  the  city  or  town  in  which  the  ofi'ence  was  committed. 
If  the  ap})eal  was  from  a  sentence  to  pay  a  fine  the  fees 
of  the  jailer  shall  be  paid  by  the  appellant,  if  after  the 
appeal  is  withdrawn  he  pays  the  fine  as  provided  in 
section  fifty-one  of  this  act. 

Section  54.     Said  courts  shall  be  held  in  the  court-  f "Jj"^.*  °*i^ 
houses  or  other  places  provided  therefor  by  the  county,  always  open; 
They  shall  be  always  open  and  there  shall  be  no  terms  b?"^''*' 


Dusiness. 


thereof.  The  word  term  or  terms  when  applied  to  said 
courts  in  any  statute  shall  hereafter  mean  sitting  or 
sittings.  Any  business  of  said  courts  or  justices  may  be 
transacted  at  any  time,  but  not  on  Sunday  unless  the 
court  or  justice  shall  deem  the  same  to  be  of  pressing 
necessity.  Sittings  of  the  courts  shall  be  held  as  hereto- 
fore at  the  times  and  places  appointed  l)y  the  laws  now  in 
force  for  holding  said  courts,  and  if  the  times  are  not 
fixed  by  law  then  the  court  shall  fix  by  general  rule  such 
times  for  such  sittings  as  it  deems  to  be  necessary,  and 
the  same  may  be  adjourned  from  time  to  time  as  occasion 
requires,  and  actions  civil  or  criminal  may  be  continued 
to  any  future  day  fixed  for  the  sitting  of  the  court,  and 
complaints  in  criminal  cases  may  be  placed  on  file. 

Section  -55.     Said  courts  shall  be  held  by  the  respec-  courts, by 
tive  justices  thereof:   provided,  that  upon  request  of  the  '^'^°™^®''^- 
justice  either  special  justice  ma}^  hold  the  court  and  per- 
form the  duties  of  the  justice,  pr  hold  a  second  or  third 
session  thereof,  and  two  or  more  sessions  may  be  held  at 
the  same  time.     In  case   of  a  vacancy  in  the   office   of 
justice,  and  in  case  of  his-  sickness,  al)sence  or  other  dis- 
al)ility,  and  when  no  request  has  been  made  as  aforesaid, 
the  special   justice  holding  the  oldest  commission   shall 
have  the  powers  and  perform  the  duties  of  the  justice. 
When    a    special   justice    holds    the    court    or   a    session  when  special 
thereof,  that  fact  and  the  fact  which  gave  him  jurisdiction  comtfreclfrd. 


1124 


Acts,  1893.  — Chap.  396. 


Sheriff  or 
deputy  may 
adjourn  a 
BessioD. 


Powers  of 
courts  and  jus- 
tices; to  frame, 
etc.,  necessary 
writs,  etc. 


Each  court  to 
have  a  seal,  etc. 


Justices,  to 
make  uniform 
rules,  etc. 


may  adminis- 
ter oaths,  etc. 


may  punish 
for  contempt, 
etc. 


SO  to  do  shall  be  entered  upon  the  general  records  of  the 
court,  but  they  need  not  be  stated  in  the  record  of  the 
case  heard  by  him. 

Section  56.  When  no  justice  or  special  justice  is 
present  at  the  time  and  place  appointed  for  holding  a 
session  of  such  court  the  sheriff  or  any  of  his  deputies,  or 
the  clerk  of  such  court,  may  adjourn  the  same  from  da}"  to 
day,  or  from  time  to  time,  giving  such  notice  thereof  as 
circumstances  may  require. 

Section  57.  Said  courts  and  the  justices  thereof  shall 
have  and  exercise  all  the  powers  necessary  for  the  dis- 
charge of  their  duties.  They  may  issue  all  writs,  war- 
rants and  processes  necessary  or  proper  to  carry  into 
effect  the  powers  granted  to  them,  and  when  no  form  is 
prescribed  therefor  bj^  statute  they  shall  frame  one  in  con- 
formity with  the  principles  of  law  and  the  usual  course  of 
proceedings  in  the  courts  of  this  state. 

Section  58.  Each  of  said  courts  shall  have  a  seal, 
which  shall  be  in  the  custody  of  its  clerk,  or  of  the  justice 
of  said  court  when  no  clerk  is  appointed,  which  shall  be 
affixed  to  all  processes  issued  by  said  courts  where  a  seal 
is  required. 

Section  59.  The  justices,  or  a  majority  of  them,  of 
the  several  district  and  police  courts  of  the  Commonwealth 
shall  from  time  to  time  make  and  promulgate  uniform 
rules  regulating  the  time  during  which  writs,  processes 
and  appearances  shall  be  entered,  answers  filed,  and  when 
trials  shall  be  had,  in  civil  actions  in  said  courts,  and  the 
practice  and  manner  of  conducting  the  business  of  said 
courts  in  cases  not  expressly  provided  for  by  law.  They 
shall,  as  soon  as  conveniently  may  be  after  making  and 
adopting  such  rules,  submit  a  copy  thereof  to  the  superior 
court  or  a  justice  thereof,  for  approval  and  amendment  or 
alteration . 

Section  60.  Justices  and  special  justices  of  said  courts 
may  administer  oaths  or  affirmations  in  all  cases,  in  or 
out  of  court,  in  which  an  oath  or  affirmation  is  required, 
unless  a  different  provision  is  expressly  made  by  law. 

Section  61 .  They  may  punish  such  disorderly  conduct 
as  interrupts  any  judicial  proceedings  before,  them  or  is  a 
contempt  of  their  authority  or  persons,  by  fine  not  exceed- 
ing fifty  dollars  or  by  imprisonment  in  the  common  jail  of 
their  county  not  exceeding  fifteen  days,  and  processes 
issued  in  such  cases  may  be  served  by  any  officer  authorized 
to  serve  criminal  process. 


Acts,  1893.  — Chap.  396.  1125 

Sectiox  G2.     The  justice  of  each  of  said  coiu-ts  may  constables, 
designate  a  constable  to  attend  the  sessions  thereof  and  compensa^uon, 
preserve  order,  and  serve  such  warrants,  mittimuses,  pre-  ^'°- 
ce})ts,    orders  and   processes  issuing  from  said  court  as 
shall  be  committed  to  him  by  the  court,  who  shall  receive 
such  compensation  as  shall  be  determined  and  allowed  by 
the  justice,  subject  to  the  approval  of  the  county  com- 
missioners of  the  county  in  which  the  court  is  located, 
Avhich  shall  be  paid  from  the  treasury  of  the  county  upon 
vouchers  approxed  by  said   justice  and  county  commis- 
sioners. 

Section  63.     Justices  of  said  courts  may  interchange  justices  may 
services  or  perform  each  other's  duties  when  they  find  it  servicer."^^ 
necessar}''  or  convenient. 

Section  64.  Processes  issuing  from  said  courts  having  processes  to  be 
a  clerk  shall  be  under  the  seal  of  the  court,  signed  by  the  bear^teTt^etc. 
clerk  or  an  assistant  clerk,  and  shall  bear  test  of  the 
justice,  except  that  if  the  justice  is  a  party  thereto,  or  his 
olfice  is  vacant,  then  such  processes  shall  bear  test  of  the 
special  justice  holding  the  oldest  commission.  In  other 
respects  the  processes  of  said  courts  shall  be  substantially 
like  the  processes  heretofore  issued  by  them. 

Section  65.     Said  courts  shall  have  the  same  authority  to  issue  com. 
to  issue  commissions  to  take  depositions  in  cases  pending  depositions.**^* 
before  them  that  the  superior  court  has  in  cases  pending 
in  that  court. 

Section  66.  Specialjustices  of  said  courts  shall  receive  compensation 
for  each  day's  service  compensation  at  the  same  rate  per  tices.^*^*^  ^"^' 
day  as  the  rate  per  day  of  the  salary  of  the  justice  of  the 
same  court,  to  be  paid  by  the  county :  provided,  that  the 
compensation  so  paid  for  any  excess  over  thirty  days'  ser- 
vice in  any  one  calendar  year,  except  for  services  in  holding 
a  second  or  third  session  at  the  same  time,  shall  be  deducted 
by  the  county  treasurer  from  the  salary  of  the  justice. 

Section  67.  Clerks  pro  tempore  of  said  courts  having  compensation 
no  assistant  clerks  shall  receive  as  compensation  for  each  temp^ore!"^" 
day's  service  a  sum  equal  to  the  rate  per  day  of  the  salary 
of  the  clerk,  to  be  paid  by  the  county :  provided,  that  the 
compensation  so  paid  for  any  excess  over  fourteen  days' 
service  by  a  clerk  pro  tempore,  in  any  one  calendar  year, 
shall  be  deducted  by  the  county  treasurer  from  the  salary 
of  the  clerk. 

Section  68.     The  provisions  of  this  act  so  far  as  they  How  to  be 
are  the  same  as  those  of  existino;  laws  shall  be  construed  ''^"^  "^"^ 


1126  Acts,  1893.  — Chaps.  397,  398. 

as  a  continuation  of  such  laws  and  not  as  new  enactments, 
and  references  in  laws  to  provisions  of  law  which  are 
reenacted  herein  shall  be  construed  as  applying  to  such 
provisions  so  incorporated  in  this  act. 
Certain  provi.         Sectiox  69.     Tlic  provisious  of  chaptcrs  one  hundred 

BiODB  of  law  not  n  r-  1  1  11  1      ^  C  c  ^1T-»1T 

to  apply,  etc.  and  fiftv-four  and  one  hundred  and  htty-hve  ot  the  r^ublic 
Statutes  not  reenacted  herein,  except  sections  one,  two 
and  sixty-four  of  the  chai)ter  first  named  and  sections  four 
and  six  of  the  chapter  last  named,  shall  not  hereafter 
apply  to  district  and  police  courts ;  l)ut  nothing  herein 
contained  shall  be  construed  to  deprive  said  courts  of  their 
jurisdiction,  under  section  thiity-four  of  this  act,  of  all 
offences  named  or  referred  to  in  said  chapters,  or  to  affect 
the  judicial  districts  of  said  courts,  which  shall  continue 
as  now  established  hj  law.  Approved  May  27^  1893. 

Oh(lV'BQ7  ^^  "^^^  RELATING  TO  THE  ESTABLISHMEXT  OF  CORPORATIONS  FOR 
THE  PURPOSE  OF  GENERATING  AND  FURNISHING  PNEUMATIC 
PRESSURE   FOR   MECHANICAL   POWER. 

Be  it  enacted,  etc. ,  as  follows  : 
P.  s.  106,  §n;         Section  1.     Section  eleven  of  chapter  one  hundred  and 

1891    189  . 

amended.  six  of  the  Public  Statutcs  as  amended  by  chapter  one  hun- 

dred and  eight}^-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-one,  is  hereby  amended  by  inserting 
between  the  words  "hydrostatic",  and  "pressure",  the 
words:  —  or  pneumatic, — so  as  to  read  as  follows:  — 

Formation  of      SectioTi  11.     For  the  purposc  of  makino-  and  sellino;  o-as 

corporations  for     ^.  /.i  (.  •  -x     ■•  •    ^• 

furnishing  light,  for  lio'lit,  or  for  the  purpose  of  o:eneratino;  and  turnishing 

heat  power  o'  ii^o^o  ^o 

etc. '  '  steam  or  hot  water  for  heating,  cooking,  and  mechanical 
power,  or  for  the  purpose  of  generating  and  furnishing 
hydrostatic  or  pneumatic  pressure  for  mechanical  power, 
in  any  city  or  town,  or  for  any  two  or  more  of  said  pur- 
poses, ten  or  more  persons  may  associate  themselves,  with 
a  capital  of  not  less  than  five  thousand  nor  more  than  five 
hundred  thousand  dollars. 

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

Approved  May  27,  1893. 

Ghav  398     ^^  ^^^  concerning  the  preservation  of  birds  and  game. 
Be  it  enacted,  etc.,  as  follows: 

1893' m'^''  Section  1.     Section  one  of  chapter  one  hundred  and 

amended.  forty-two  of  the  acts  of  the  year  eighteen  hundred  and 

ninety-one  as  amended  by  chapter  one  hundred  and  eighty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 


Acts,  1893.  — Chap.  398.  1127 

three  is  hereby  amended  by  addinu"  at  the  end  thereof  the 
following  words  :  — provided.,  Iioicever,  that  any  person, 
firm  or  corporation  dealing  in  game  or  engaged  in  the  cold 
storage  bnsiness,  may  buy,  sell  or  have  in  possession,  and 
any  person  may  buy  from  such  person,  firm  or  corpora- 
tion, and  have  in  })ossession  if  so  bought,  quail  from  the 
fifteenth  day  of  October  to  the  first  day  of  ]May ;  and  any 
such  person,  firm  or  corporation,  may  have  in  i)ossession 
on  cold  storage,  quail  which  were  so  placed  in  storage 
before  the  passage  of  this  act,  and  may  buy,  sell  and  have 
in  possession  pinnated  grouse,  wild  pigeons  and  any  of 
the  so-called  shore,  marsh  or  beach  birds,  or  of  the  so- 
called  duck  species,  at  any  season,  if  said  quail,  grouse  or 
other  birds  have  not  been  taken  or  killed  in  this  Common- 
wealth contrary  to  the  provisions  of  this  act,  —  so  as  to 
read  as  folloAvs  :  —  Section  1.  Whoever  takes  or  kills  a  Taking,  kuiing 
pinnated  grouse  at  any  time,  or  a  woodcock,  or  a  ruffed  certafn'bfrde. 
gTouse,  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  thereby,  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  Penally. 
twenty  dollars  for  every  bird  so  taken  or  killed,  or  had  in 
possession  :  •provided^  however^  that  any  person,  firm  or  ProviHo. 
corporation  dealing  in  game  or  engaged  in  the  cold  storage 
business,  may  buy,  sell  or  have  in  possession,  and  any 
person  may  buy  from  such  person,  firm  or  corporation, 
and  have  in  possession  if  so  bought,  quail  from  the 
fifteenth  day  of  October  to  the  first  day  of  May ;  and 
any  such  person,  firm  or  corporation,  may  have  in  posses- 
sion on  cold  storage,  quail  which  were  so  placed  in  storage 
before  the  passage  of  this  act,  and  may  buy,  sell  and  have 
in  possession  pinnated  grouse,  wild  pigeons  and  any  of 
the  so-called  shore,  marsh  or  beach  birds,  or  of  the  so- 
called  duck  speciea,  at  any  season,  if  said  quail,  grouse  or 
other  birds  have  not  been  taken  or  killed  in  this  Common- 
wealth contrary  to  the  provisions  of  this  act. 

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

Aj)proved  May  27,  1S93. 


1128 


Acts,  1893.  — Chaps.  399,  400. 


Proceedings  of 
town  meeting 
confirmed. 


OAft 79.399    ^^   -^^"^   'T*^    CONFIRM   THE   PKOCEEDINGS   OF    CERTAIN   TOAVN    MEET- 
INGS  OF   THE   TOWN   OF   ATER. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  The  proceedings  of  the  iinniial  town  meet- 
ino;  of  the  town  of  Aver  held  in  the  year  eighteen  hundred 
and  ninety-two,  and  of  the  annual  town  meeting  of  said 
town  held  in  the  present  year,  and  any  adjournments 
thereof,  shall  not  be  invalid  by  reason  of  the  omission  in 
the  warrant  calling  such  annual  meetings  of  a  specifica- 
tion of  the  time  of  opening  the  polls  and  the  time  of 
closing  the  same. 

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

Approved  May  27,  1893. 


1963,  256,  §1, 
amended. 


ChaV -^iOO  ^^    -^^'^    '^'^    PROVIDE    AN    ADDITIONAL    "WATER    SUPPLY   FOR    THE 

CITT   OF  LYNN. 

Be  it  enacted,  etc.,  as  foltoivs : 

Section  1.  Section  one  of  chapter  two  hundred  and 
fifty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three  is  hereby  amended  b}"  striking  out  after  the 
word  "river",  in  the  third  line,  the  following  words 
' '  whenever  its  dail}'  flow  at  Pranker's  dam  in  the  town  of 
Saugus  shall  exceed  fifteen  million  gallons,  and  may  at 
such  times  take  all  the  flow  of  said  river  in  excess  of  said 
fifteen  million  gallons  and  no  more  ",  and  inserting  in  place 
thereof  the  following  words  :  —  and  its  tributaries,  except 
Quannapowitt  and  Crystal  lakes  in  the  town  of  Wakefield, 
reserving  to  the  owners  of  mills  on  said  river  their  right 
as  mill  owners  to  use  such  waters  as  shall  flow  to  said 
mills  and  the  dams  connected  therewith,  except  so 
far  as  said  city  shall  from  time  to  time  actually  divert 
and  use  the  same  for  the  purposes  named  in  this  act, 
and  also  reserving  to  the  town  of  Wakefield  the  right 
to  construct  and  maintain  filter  beds  and  reservoirs  .at 
any  point  or  points  on  Saugus  river  between  the  outlet 
of  Lake  Quannapowitt  and  the  location  of  the  present 
sawmill  dam,  west  of  Vernon  street,  and  about  one  half 
mile  below  said  outlet,  —  so  as  to  read  as  follows  :  —  Sec- 
Maytakecer-  tion  1.  The  city  of  Lyuu  may  for  the  purposes  of  an 
land^etc"'  additional  water  supply  for  itself  and  its  inhabitants,  take 
by  purchase  or  otherwise,  the  water  of  Saugus  river  and 
its  tributaries,  except  Quanna])owitt  and  Crystal  lakes  in 


Acts,  1893.  — Chap.  400.  1129 

the  town  of  AVakctii^ld,  reserving  to  the  owners  of  mills  on 
said  river  their  riirht  as  mill  owners  to  use  such  waters  as 
shall  iloM-  to  said  mills  and  the  dams  connected  therewith, 
except  so  far  as  said  city  shall  from  lime  to  time  actually 
divert  and  use  the  same  for  the  i)urposes  named  in  this 
act,  and  also  reserving  to  the  town  of  Wakefield  the  right 
to  construct  and  maintain  filter  beds  and  reservoirs  at  any 
point  or  points  on  Saugus  river  between  the  outlet  of 
Lake  Quannapowitt  and  the  location  of  the  present  saw- 
mill dam,  west  of  Vernon  street,  and  about  one  half  mile 
below  said  outlet.  And,  also  for  the  purposes  aforesaid, 
said  city  may  take  by  purchase  or  otherwise  without  limi- 
tation, and  hold  the  waters  of  Hawkes  and  Penny  brooks, 
tributaries  of  said  Saugus  river,  and  also  all  lands,  rights 
of  waj  and  easements,  necessary  for  holding  and  preserv- 
ing all  water,  taken  by  purchase  or  otherwise  under  the 
authority  of  this  act  and  for  conveying  the  same  to  any 
part  of  said  city  :  and  may  erect  on  the  land  thus  taken  or  May  erect  build. 

i  -.^  I      .,  -,,  -,  -,  I    ings,  lay  down 

held,  proper  dams,  buildings,  fixtures  and  structures,  and  pipes,  etc. 
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  eifective  water  works ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works,  under,  through 
or  over  any  lands,  water  courses,  public  works,  railroads, 
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  city  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,  or  any  such  ways  in  said  city, 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways. 

Sectiox  2.  The  said  city  of  Lynn  may,  for  the  pur-  city  of  Lynn 
poses  of  paying  the  necessary  expenses  and  liabilities 
incurred  under  the  provisions  of  this  act,  or  under  the 
provisions  of  said  chapter  two  hundred  and  fifty-six  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-three  as 
amended  b^'this  act,  issue  from  time  to  time  bonds,  notes 
or  scrip  in  addition  to  those  authorized  by  section  four 
of  said  chapter  two  hundred  and  fifty-six  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-three,  to  an  amount 


1130 


Acts,  1893.  — Chap.  401. 


Sinking  fund. 


not  exceeding  five  hundred  thousand  dollars  ;  such  bonds, 
notes  and  scrip  shall  bear  on  their  face  the  words,  City 
of  Lynn  Water  Loan,  Act  of  1883,  as  amended  by  Act  of 
1893  ;  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  from  the  date  of  issue  ;  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  six 
per  centum  per  annum,  and  shall  be  signed  by  the  treas- 
urer of  the  cit}"  and  countersigned  by  the  public  water 
board.  The  said  city  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  con- 
ditions as  it  may  deem  proper.  The  said  city  shall  pro- 
vide, at  the  time  of  contracting  said  loan,  for  the  esta])lish- 
ment  of  a  sinking  fund,  and  shall  annually  contribute  to 
such  fund  a  sum  sufficient  with  the  accumulations  thereof 
to  pay  the  principal  of  said  loan  at  maturity.  The  said 
sinking  fund  shall  remain  inviolate  and  pledged  to  the 
payment  of  said  loan  and  shall  be  used  for  no  other  pur- 
pose. 

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

A2yprovecl  May  27,  1893. 


Chap 


Allowance  to 
families  of  fire- 
men killed  or 
fatally  injured, 
etc. 


AjQ'}  An  Act  to  provide  for  the  payment  of  an  allowance  to 
fahnlies  of  firemen  killed  or  fatally  injured  in  the 
discharge  of  their  duties. 

Be  it  enacted,  etc.,  as  folloivs: 

Sectiox  1 .  When  any  fireman  l^elonging  to  the  regu- 
lar organized  force  of  any  city  or  town  in  this  Common- 
wealth is  killed,  or  dies  within  sixty  days  from  injuries 
received  while  in  the  discharge  of  his  duty  as  such  fire- 
man, and  the  fact  of  such  death  is  certified  by  the  city 
or  town  clerk  and  the  attending  physician  or  medical 
examiner,  to  the  treasurer  of  the  Commonwealth,  said 
treasurer  shall  pay  to  the  executor  or  administrator  of 
such  deceased  fireman  the  sum  of  one  thousand  dollars  for 
the  use  of  his  widow  and  minor  children,  one  half  to  each  ; 
or,  if  there  are  minor  cliildren  but  no  widow,  to  the  use 
of  such  children;  or,  if  there  are  no  minor  children,  to 
the  use  of  the  widow  ;  or,  if  no  widow  or  minor  children, 
to  the  use  of  the  next  of  kin,  if  dependent  on  such  deceased 
fireman  for  support.  A  child  of  full  age  but  dependent 
upon  such  fireman  for  support  by  reason  of  physical 
infirmity  or   other  cause   shall  be  regarded  as  a  minor 


Acts,  1893.  — Chaps.  402,  403.  1131 

child  within  the  provisions  of  this  section.  The  sums 
disbursed  by  the  treasurer  under  this  section  shall  be 
paid  from  moneys  received  for  taxes  from  fire  insurance 
comi)anies  doinii;  business  in  this  Conmionwealth. 

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

Approved  May  27,  1893. 

An  Act  to  ratify  and  establish  the  authority  of  the  city  QJinj)  402 

OF    TAUNTON    TO     TAKE     AND     HOLD     THE     WATERS     OF    ELDER'S  ^  ' 

POND     AND     ASSOWOMPSET     POND     IN     LAKEVILLE     AND     MIDDLE- 
BOROUGH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  riijht  and  authority  of  the   city  of  Authority  to 

~  ''  ,  ''       ,       take  certain 

Taunton  to  take  and  hold  the  waters  oi  iLlders  pond  in  waters  ecu- 
Lakeville,  and  of  Assowompset  pond  in  Middleborough 
and  in  said  Lakeville,  and  the  waters  flowing  into  said 
ponds,  together  with  any  water  rights  connected  there- 
with, according  to  the  terms  and  conditions  of  the  two 
hundred  and  seventeenth  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-five,  are  hereby  ratified, 
granted  and  confirmed  to  the  same  extent  to  all  intents 
and  purposes  as  if  said  waters  had  been  the  sole  waters 
gi'anted  to  the  city  of  Taunton  by  said  act. 

Section  2.     The  doings  and  proceedings  of  the  city  of  Proceedings  in 

o  1  ^  c  ^        .J  tnkiDg  waters 

Taunton  or  of  its  city  council,  relatino;  to  the  takino;  and  of  certain  ponds 
holding  of  the  waters  of  said  Elder's  pond  and  of  said 
Assowompset  pond,  or  to  the  taking  and  holding  of  lands 
in  and  about  said  ponds  or  elsewhere,  and  for  defraying 
the  cost  and  expenses  incurred  thereby  in  furtherance  of 
the  purposes  of  the  two  hundred  and  seventeenth  chapter 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-five, 
and  with  the  intent  to  carry  out  the  provisions  of  said 
act,  are  hereby  ratified,  confirmed  and  declared  valid  and 
efifectual  in  law,  to  the  same  extent  to  all  intents  and  pur- 
poses as  if  said  waters  had  been  the  sole  waters  granted 
to  the  city  of  Taunton  by  said  act. 

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

Approved  June  3,  1893. 


ChapAOS 


An  Act  to  protect  trees  from  disfigurement. 

Be  it  enacted,  etc.,  as  folloivs: 

^ATioever  affixes  to  any  tree  in  a  highway,  public  way  Penalty  for 
or  scjuare,  a  playbill,    poster,   notice,   advertisement  or  trees^"'^"^ 


1132 


Acts,  1893.  — Chaps.  404,  405. 


Chap 


Additional 
stenographers 
appointment, 
service,  com- 
peusatioD. 


printed  paper  of  any  description,  or  cuts,  paints  or  marks 
on  such  tree,  except  for  the  purpose  of  protecting  such 
tree,  without  first  ol)taining  a  written  permit  from  the 
officer  having  the  charge  of  such  trees  in  a  city  or  from 
the  selectmen  in  a  town,  shall  be  punished  by  fine  not 
exceeding  fifty  dollars,  and  not  less  than  five  dollars,  for 
each  oftence.  Approved  June  3,  1893. 

,404   -^  -'^CT  RELATING  TO  THE  APPOINTMENT  OF  OFFICIAL  STENOGRAPHERS. 

Be  it  enacted^  etc.,  as  folloios : 

The  judges  of  the  superior  court,  or  a  majority  of  them, 
may  appoint  an  additional  stenographer  for  any  county 
except  Sutiblk,  when  the  business  of  the  court  requires, 
to  serve  when  designated  for  duty,  and  to  receive  pay  in 
accordance  with  the  provisions  of  law  now  existing  relat- 
ing to  the  pay  of  official  stenographers  for  said  court. 

Approved  June  5,  1898. 


ChapA05 


p.  S.  157,  §16, 
amended. 


Who  may  peti- 
tion for  insol- 
vency proceed- 
ings. 


P.  8. 157,  §112, 
amended. 


An  Act  relating  to  proceedings  in  insolvency. 
Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  sixteen  of  chapter  one  hundred 
and  fifty-seven  of  the  Public  Statutes  is  hereby  amended 
b}^  inserting  in  the  third  line,  after  the  word  "  resided", 
the  words  :  —  or  had  a  usual  place  of  business,  —  by  in- 
serting in  the  fourth  line,  after  the  word  "resided",  the 
words  :  —  or  had  a  usual  place  of  business,  —  and  by  in- 
serting in  the  fifth  line,  after  the  word  "resides",  the 
words: — or  has  a  usual  place  of  business,  —  so  as  to 
read  as  follows:  —  Section  16.  An  inhabitant  of  this 
state  owing  debts,  contracted  while  such  inhal)itant,  may 
apply  by  petition  to  the  judge  of  the  county  within  which 
he  has  last  resided,  or  had  a  usual  place  of  business,  for 
three  consecutive  months  before  the  application,  if  he  has 
resided,  or  had  a  usual  place  of  business,  for  that  time  in 
any  county,  otherwise  to  the  judge  for  the  county  within 
which  lie  resides,  or  has  a  usual  place  of  business,  setting 
forth  his  inability  to  pay  all  his  debts,  and  his  willingness 
to  assign  all  his  estate  and  efiects  for  the  benefit  of  his 
creditors,  and  praying  that  such  proceedings  may  be  had 
in  the  premises  as  are  provided  in  this  chapter. 

Section  2.  Section  one  hundred  and  twelve  of  said 
chapter  one  hundred  and  fi^fty-seven,  as  amended  by 
chapter  four  hundred  and  thirty-one  of  the  acts  of  the 


Acts,  1893.  — Chap.  405.  1133 

year  eighteen  hundred  and  ninety,  is  hereby  amended  by 
Inserting  in  the  twenty-sixth  line,  after  the  word  "  state  ", 
the  words  :  —  within  one  3'ear,  —  by  inserting  in  the 
twenty-eighth  line,  after  the  word  "resided",  the  words: 

—  or  had  a  usual  place  of  business,  —  by  inserting  in  the 
twenty-ninth  line,  after  the  word  "  resided",  the  words: 

—  or  had  a  usual  place  of  business,  —  and  l)y  inserting  in 
the  thirty-first  line ,  after  the  word  ' '  resided  ",  the  words  :  — 
or  has  or  last  had  a  usual  place  of  business, — so  as  to 

read  as  follows  :  —  Section  1 12.  If  a  person  arrested  on  Applications  by 
mesne  process  in  a  civil  action  for  the  sum  of  one  hundred  insolvency  pro- 
dollars  or  upwards,  founded  upon  a  demand  in  its  nature  <=««'^i°g^- 
provable  against  the  estate  of  an  insolvent  debtor,  has  not 
given  bail  therein  on  or  before  the  return  day  of  such 
process,  or  has  been  actualh^  imprisoned  thereon  for  more 
than  thirty  days ;  or  if  a  person  whose  goods  or  estate 
are  attached  on  mesne  process  in  such  action  founded 
upon  such  contract  has  not  before  the  return  da^^  of  such 
process  dissolved  the  attachment  in  the  manner  provided 
by  law ;  or  if  a  person  has  removed  himself  or  any  part 
of  his  property  from  the  state,  with  intent  to  defraud  his 
creditors ;  or  has  concealed  himself  to  avoid  arrest,  or 
any  part  of  his  property  to  ])revent  its  being  attached 
or  taken  on  a  legal  process ;  or  procured  himself  or  his 
property  to  be  arrested,  attached,  or  taken  on  any  legal 
process ;  or  made  a  fraudulent  payment,  conveyance,  or 
transfer  of  any  part  of  his  property ;  or,  being  a  banker, 
broker,  merchant,  trader,  manufacturer,  or  miner,  has 
fraudulently  stopped  pa3"ment,  or  has  stopped  or  sus- 
pended ancl  not  resumed  payment  of  his  commercial  paper 
within  a  period  of  fourteen  days ;  any  of  his  creditors 
whose  claims  provable  against  his  estate  amount  to  one 
hundred  dollars  may,  within  ninety  days  thereafter,  or  in 
the  case  of  any  such  fraudulent  conveyance  of  real  estate, 
within  ninety  days  after  the  same  has  been  recorded,  if 
the  debtor  has  resided  in  the  state  within  one  year,  apply 
by  petition  to  the  judge  for  the  county  in  which  the  delator 
has  last  resided,  or  had  a  usual  place  of  business,  for  three 
consecutive  months  before  the  application,  if  he  has  re- 
sided, or  had  a  usual  place  of  business,  for  that  time  in 
any  county,  otherwise  to  the  judge  for  the  county  within 
which  he  resides  or  last  resided,  or  has  or  last  had  a  usual 
place  of  business,  setting  forth  the  facts  and  the  nature  of 
their  claims,  verified  by  oath,  and  praying  that  his  estate 


1134 


Acts,  1893.  — Chap.  405. 


p.  8. 157,  §116, 
amended. 


Creditors  of 
insane  person 
may  petition 
for  insolvency 
proceedings. 


P.  8. 157,  §120, 
amended. 


Insolvency  pro- 
ceedings in  case 
of  partners. 


may  be  seized  and  distributed  according  to  the  provisions 
of  this  chapter. 

Section  3.  Section  one  hundred  and  sixteen  of  said 
chapter  one  hundred  and  fifty-seven  of  the  Public  Statutes 
is  hereby  amended  by  inserting  in  the  fourth  line,  after 
the  word  "resided",  the  words:  —  or  had  a  usual  place 
of  business,  —  by  inserting  in  the  fifth  line,  after  the  word 
"  resided  ",  the  words  :  —  or  had  a  usual  place  of  business, 
—  and  by  inserting  in  the  sixth  line,  after  the  word  "  re- 
sides", the  words  :  —  or  has  a  usual  place  of  business,  — 
so  as  to  read  as  follows:  —  Section  116.  Any  of  the 
creditors  of  an  insolvent  insane  person,  whose  claims 
provable  against  his  estate  amount  to  one  hundred  dollars, 
may  apply  by  petition  to  the  judge  for  the  count\"  in 
which  the  debtor  has  last  resided,  or  had  a  usual  place  of 
business,  for  three  consecutive  months  before  the  applica- 
tion, if  he  has  resided,  or  had  a  usual  place  of  business, 
for  that  time  in  any  county,  otherwise  to  the  judge  for  the 
county  within  which  he  resides,  or  has  a  usual  place  of 
business,  setting  forth  his  insolvency  and  the  nature  of 
their  claims,  verified  by  oath,  and  praying  that  his  estate 
may  be  seized  and  distributed  according  to  the  provisions 
of  this  chapter.  After  notice  to  all  persons  interested,  and 
the  appointment  of  a  guardian  ad  litem  for  such  insane 
person,  and  a  hearing,  the  judge  may,  if  he  thinks  the 
interests  of  the  debtor  and  creditors  require  it,  issue  his 
warrant  to  take  possession  of  the  estate  of  the  debtor,  and 
thereupon  like  proceedings  shall  be  had  as  in  the  settle- 
ment of  estates  of  other  insolvent  debtors. 

Section  4.  Section  one  hundred  and  twenty  of  chapter 
one  hundred  and  fifty-seven  of  the  Public  Statutes  is  hereby 
amended  by  striking  out  in  the  third,  fourth,  fifth  and 
sixth  lines,  the  words  "either  of  the  partners  has  last 
resided  for  three  consecutive  months  before  the  application, 
if  he  has  resided  for  that  time  in  any  county,  otherwise  to 
the  judge  for  the  county  within  which  he  resides ",  and 
inserting  in  place  thereof  the  words: — the  partnership 
has  or  last  had  a  usual  place  of  business  before  the  appli- 
cation, —  so  as  to  read  as  follows  :  —  Section  120.  When 
two  or  more  persons  who  are  partners  become  insolvent, 
a  warrant  may  be  issued  as  provided  in  this  chapter,  by 
the  judge  for  the  county  in  which  the  partnership  has  or 
last  had  a  usual  place  of  business,  before  the  application 
upon  the  petition  of  one  or  more  of  the  partners  (reasonable 


Acts,  1893.  — Chaps.  406,  407.  1135 

notice  being  first  oivon  by  tlio  judo'e  to  the  other  i)artners, 
if  within  the  state,  to  show  cause  why  its  prayer  should 
not  be  granted,)  or  upon  the  petition  of  a  creditor  of  the 
partners ;  upon  which  warrant  all  the  joint  stock  and 
property  of  the  company  and  the  se})arate  estate  of  each 
of  the  partners  shall  be  taken,  except  such  parts  as  may 
be  by  law  exemj^t  from  attachment ;  and  all  the  creditors 
of  the  company,  and  the  separate  creditors  of  each  partner, 
may  prove  their  respective  debts. 

Section'  5.     In  case  under  the  provisions  of  the  above-  Proceedings 
mentioned  section  sixteen,  section  one  hundred  and  twelve,  7rl^metin°^^^ 
section  one  hundred  and  sixteen  and  section  one  hundred  coumie""'^^ 
and  twenty  of  chapter  one  hundred  and  fifty-seven  of  the 
Public  Statutes  as  hereby  amended,  petitions  shall  be  filed 
by  or  against  an  insolvent  delator,  or  against  a  partnership 
in  two  or  more  diflerent  counties,  the  court  of  that  county 
wherein  any  such  petition  shall  first  be  filed  shall  have 
jurisdiction  of  the  case,  and  the  proceedings  shall  be  stayed 
upon  the  petition  or  petitions  filed  in  other  counties  until 
the   court   in  said  county  shall  have   decided  Avhether  a 
warrant  shall  be  issued  or  not,  and  in  case  a  warrant  shall 
be   issued   by  said  court  then  the  proceedings  upon  the 
petitions  filed  in  other  counties  shall  be  dismissed. 

Approved  June  5,  1893. 


Ax  Act  relating  to  contracts  requiring  the  employment  of 

MANUAL     LABOR     MADE    BY     OR     ON    BEHALF    OF     THE     COMMON- 


ChapAOG 


Be  it  enacted,  etc.,  as  follows: 

All  contracts  hereafter  made   by  or  on  behalf  of  the  Nine  hours 
Commonwealth  requiring  the  emplo^^ment  of  manual  labor  a^'day^s'  work 
shall  provide  that  persons  employed  in  the  performance  fo"r^1Ie*'com^"^** 
of  such  labor  under  any  such  contract  shall  not  be  required  monweaith. 
to  work  more  than  nine  hours  in  each  day,  and  that  said 
nine  hours  shall  constitute  a  day's  work. 

Ap2)roved  June  3,  1893. 

An  Act  to  establish  a  metropolitan  park  commission.         f^i         4fyj 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     The    governor,    hy  and    with  the  advice  Metropolitan 
and  consent  of  the  council,  shall  appoint  five  persons,  who  BioL^Vpoint!" 
shall  constitute  a  board  to  be  known  as  the  Metropolitan  "mce  etc'f*''^ 


1136 


Acts,  1893.  — Chap.  407. 


Secretary,  em- 
ployees, report, 
etc. 


Metropolitan 
Parks  Diatrict. 


Park  Commission.  The  members  of  this  board  shall  hold 
office  respectively  for  the  terms  of  one  year,  two  years, 
three  years,  four  years  and  live  years,  beginning  with  the 
first  Monday  in  May  in  the  year  eighteen  hundred  and 
ninety-three,  and  annually  thereafter  the  governor  shall 
appoint  as  aforesaid  one  such  commissioner,  to  hold  office 
for  the  term  of  five  years,  beginning  with  the  first  Monday 
in  May  in  the  year  of  his  appointment ;  and  if  any  vacancy 
occurs  in  said  board  by  resignation  or  otherwise  the 
governor  shall  in  like  manner  appoint  a  commissioner- for 
the  residue  of  the  term  in  which  the  vacancy  occurs,  and 
may  also  remove  any  commissioner.  The  members  of 
said  board  shall  serve  without  compensation,  but  their 
travelling  and  other  necessary  expenses  shall  be  allowed 
and  paid ;  and  no  person  employed  by  the  board  shall  be 
a  member  thereof. 

Sectiox  2.  Said  board  shall  annually  choose  one  of 
its  members  chairman,  and  may  from  time  to  time  appoint 
a  clerk  or  secretary,  and  such  other  employees  as  it  deems 
necessary  to  carry  out  the  purposes  of  this  act ;  it  may 
determine  the  duties  and  compensation  of  such  appointees, 
remove  the  same  at  pleasure,  and  make  all  reasonable 
rules  and  regulations.  Said  board  shall  have  a  suitable 
office,  where  its  maps,  plans,  documents,  records  and 
accounts  shall  be  kept,  subject  to  public  inspection  at 
such  times  as  the  board  may  determine.  On  or  before 
the  second  Wednesday  in  December  in  each  year  said 
board  shall  make  a  report  of  its  proceedings  to  the  general 
court,  together  with  a  full  statement  of  its  receipts  and 
disbursements.  Said  report  shall  be  numbered  as  one  of 
the  series  of  public  documents  and  four  thousand  copies 
thereof  shall  be  printed  annually. 

Section  3.  The  jurisdiction  and  powers  of  said  board 
shall  extend  to  and  may  be  exercised  in  the  cities  of  Bos- 
ton, Cambridge,  Chelsea,  Everett,  Lynn,  Maiden,  Med- 
ford,  Newton,  Quincy,  Somerville,  Waltham  and  Woburn, 
and  in  the  towns  of  Arlington,  Belmont,  Braintree,  Brook- 
line,  Canton,  Dedham,  Dover,  Hingham,  Hull,  Hyde 
Park,  Melrose,  Milton,  Nahant,  Needham,  Revere,  Saugus, 
Stoneham,  Swampscott,  Wakefield,  Watertown,  Welles- 
ley,  Weston,  Weymouth,  Winchester  and  Winthrop ; 
which  cities  and  towns  shall  constitute  the  Metropolitan 
Parks  District. 


Acts,  1893.  — Chap.  407.  1137 

Section'  4.  S;ii<l  board  shall  have  power  to  accjuirc,  May  acquire, 
maintain  and  make  avaihible  to  the  inhal)itants  of  said  puwic  open'''' 
district  open  spaces  for  exercise  and  recreation;  and  to  *^""''^*' '^'*^" 
this  end,  acting  so  far  as  may  be  in  consultation  with  the 
proper  local  boards,  shall  be  authorized  to  take,  in  fee  or 
otherwise,  in  the  name  and  for  the  benefit  of  the  Common- 
wealth, by  purchase,  gift,  devise  or  eminent  domain,  lands 
and  rights  in  land  for  public  open  spaces  within  said  dis- 
trict, or  to  take  bonds  for  the  conveyance  thereof;  and  to 
preserve  and  care  for  such  public  reservations,  and  also, 
in  the  discretion  of  said  board  and  upon  such  terms  as  it 
may  a})}>rove,  such  other  open  spaces  within  said  district 
as  may  be  entrusted,  given  or  devised  to  said  board  or  to 
the  Commonwealth,  by  the  United  States,  or  by  cities, 
towns,  corporations  or  individuals,  for  the  general  pur- 
poses of  this  act,  or  for  any  one  or  more  of  such  purposes 
as  the  donor  may  designate  :  provided,  hoivever,  that  no  Provisos, 
private  property  taken  for  the  purpose  of  this  act  shall  be 
taken  under  the  right  of  eminent  domain  without  the  con- 
currence of  a  majority  of  the  board  and  of  the  board  of 
park  commissioners,  if  any,  of  the  city  or  town  in  which 
such  property  is  i>\iui\XQ.(\.',  provided,  further,  that  no  land 
shall  be  taken  hy  the  right  of  eminent  domain  in  that  part 
of  the  city  of  Medford  known  as  the  Middlesex  Fells, 
southerly  of  a  line  drawn  from  the  southerly  base  of  Pine 
hill,  northwesterly  through  the  southern  end  of  the  clam  of 
the  south  reservoir  of  the  town  of  Winchester  and  ex- 
tended to  the  western  boundary  of  said  fells,  so-called  ;  nor 
southerly  of  a  line  drawn  from  said  southerly  base  of  Pine 
hill,  east  to  the  eastern  boundary  of  said  fells  ;  j^'^^ovided, 
further,  that  said  board  shall  not  take  by  purchase  or  right 
of  eminent  domain,  under  this  act,  any  land  or  other  prop- 
erty to  an  amount  exceeding  in  value  in  the  ao-oTe"ate, 
with  land  or  other  property  previously  taken  by  purchase 
or  eminent  domain  hereunder,  ninety  per  centum  of  the 
total  amount  ap))ropriated  by  the  legislature  or  contrib- 
uted by  individuals  or  corporations  for  that  purpose, 
provided,  furtJier,  that  nothing  in  this  act  shall  be  con- 
strued to  limit  existing  rights  of  any  city  or  town  in 
relation  to  water  supply  purposes,  or  in  any  way  obstruct 
their  takinir  advantaoe  of  such  ris^hts.     In  furtherance  of  Police,  rules, 

,  ''i'n-111  1  •       penalties,  etc. 

the  powers  herein  granted,  said  board  may  employ  a  suit- 
able police  force,  make  rules  and  regulations  for  the  gov- 
ernment and  use  of  the  public  reservations  under  their 


1138 


Acts,  1893.  — Chap.  407. 


Expenditure  of 
trust  funds. 


Metropolitan 
Parks  Trust 
Fund. 


May  make  cer- 
tain agreements 
with  local 
boards,  etc. 


Damages. 


care,  and  for  breaches  thereof  affix  penalties  not  exceeding 
twenty  dollars  for  one  oflence,  to  be  imposed  hj  any  court 
of  competent  jurisdiction  ;  and  in  general  may  do  all  acts 
needful  for  the  proper  execution  of  the  powers  and  duties 
granted  to  and  imposed  upon  said  board  1)y  the  terms  of 
this  act.  Said  board  shall  also  have  power  to  expend  such 
funds,  whether  principal  or  income,  as  may  be  given  in 
trust,  as  provided  for  in  section  live. 

Section  5.  The  treasurer  and  receiver  general  of  the 
Commonwealth  is  hereby  authorized  and  empowered,  with 
the  approval  of  the  governor  and  council,  to  receive  and 
hold  in  trust  for  the  Commonwealth,  exemjit  from  tax- 
ation, any  grant  or  devise  of  lands  or  rights  in  land,  and 
any  gift  or  bequest  of  money  or  other  personal  property, 
made  for  the  purposes  of  this  act,  and  shall  preserve  and 
invest  the  proceeds  thereof  in  notes  or  bonds  secured  by 
good  and  sufficient  mortgage  or  other  securities.  Said 
trust  property  shall  be  known  as  the  Metropolitan  Parks 
Trust  Fund,  and  shall  be  used  and  expended  under  the 
direction  of  the  metropolitan  park  commission  and  subject 
to  its  orders. 

Section  6.  Any  city  or  town  within  said  district,  or 
any  local  board  of  such  city  or  town,  with  the  latter's  con- 
sent, is  hereby  authorized  and  empowered  to  transfer  the 
care  and  control  of  any  open  space  owned  or  controlled 
by  it  to  the  metropolitan  park  commission,  upon  such 
terms  and  for  such  period  as  may  be  mutually  agreed 
upon ;  or  to  enter  into  an  agreement  with  said  commission 
for  the  joint  care  or  preservation  of  open  spaces  within  or 
adjacent  to  such  city  or  town  ;  and  the  metropolitan  park 
commission  may  in  like  manner  transfer  the  care  and  con- 
trol of  any  open  space  controlled  by  it  to  any  local  board 
of  a  city  or  town  within  the  said  district,  with  the  consent 
of  such  city  or  town  and  upon  such  terms  and  for  such 
period  as  may  be  mutuall}^  agreed  upon. 

Section  7.  Said  board  shall  estimate  and  determine 
as  near  as  may  be  all  damages  sustained  b}^  any  person  or 
corporation  by  the  taking  of  land,  or  any  right  therein, 
under  this  act ;  but  any  one  aggrieved  by  such  determina- 
tion of  the  board  may  have  such  damages  assessed  by  a 
jury  of  the  superior  court,  in  the  same  manner  as  is  pro- 
vided by  law  with  respect  to  damages  sustained  by  reason 
of  the  laying  out  of  ways.  If  upon  trial  damages  are 
increased  beyond  the  award  of  the  l:»oard  the  aggrieved 


Acts,  1893.  — Chap.  407.  1139 

party  ^^hall  recover  C().sts,  otherwise  such  party  shall  pay 
costs ;  and  costs  shall  be  taxed  as  in  civil  cases ;  but  no 
suit  for  such  dninaiies  shall  be  l)rought  after  the  expiration 
of  two  years  from  the  date  of  the  recordiu"'  of  the  takino- 
as  required  by  the  foUowing  section. 

Sectiox  8.     Within  sixty  days  after  any  land,  or  rio-ht  a  description  of 

,  ..  .,  11  !•  Ill    '"""^  taken  to 

therein,  is  acquiied  or  taken  under  this  act,  the  board  be  recorded 
shall  tile  and  cause  to  be  recorded  in  the  proper  registry  d"eed8)*e\'?. " 
of  deeds,  a  description  thereof  sufficiently  accurate  for  its 
identitication,  with  a  statement  of  the  purpose  for  which 
the  same  is  acquired  or  taken,  which  description  shall  be 
signed  by  a  majority  of  said  board. 

Section  9.  To  meet  the  expenses  incurred  under  the  Metropolitan 
provisions  of  this  act  the  treasurer  and  receiver  general 
shall,  with  the  approval  of  the  governor  and  council,  issue 
scrip  or  certiticates  of  debt  in  the  name  and  behalf  of  the 
Commonwealth  and  under  its  seal,  to  an  amount  not  ex- 
ceeding one  million  dollars,  for  a  term  not  exceeding 
forty  years.  Said  scrip  or  certiticates  of  debt  shall  be 
issued  as  registered  bonds  or  with  interest  coupons  at- 
tached, and  shall  bear  interest  not  exceeding  four  per 
cent,  per  annum,  payable  semi-annually  on  the  tirst  days 
of  January  and  July  in  each  year.  Such  scrip  or  certifi- 
cates of  debt  shall  be  designated  on  the  face  as  the  Metro- 
politan Parks  Loan ;  shall  be  countersigned  by  the  gov- 
ernor, and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  Commonwealth,  and  the  principal  and  inter- 
est shall  be  paid  at  the  times  specified  therein  in  gold  coin 
of  the  United  States  ;  and  said  scrip  or  certificates  of  debt 
shall  be  sold  and  disposed  of  at  public  auction  or  in  such 
other  mode  and  at  such  times  and  prices,  and  in  such 
amounts  and  at  such  rates  of  interest,  not  exceeding  the 
rate  above-specified,  as  the  governor  and  council  shall 
deem  best.  The  treasurer  and  receiver  general  shall,  on 
issuing  any  of  said  scrip  or  certificates  of  debt,  establish  a 
sinking  fund,  and  apportion  an  amount  to  be  paid  thereto 
each  year  sufficient  with  its  accumulations  to  extinguish 
the  debt  at  maturity.  Any  premium  realized  on  the  sale 
of  said  scrip  or  certificates  of  debt  shall  be  applied  to  the 
payment  of  the  interest  on  said  loan  as  it  accrues. 

Sectiox'   10.       The   supreme  judicial  court  sitting  in  Apportionment 
equity  shall,  on  the  application  of  said  board  and  after  pres^vaiioV 
notice  to  each  of  the  cities  and  towns  hereinbefore  named,  uc'l-eBYrvation^," 
appoint  three  commissioners,  wdio  shall  not  be  residents 


1140  Acts,  1893.  — Chap.  407. 

Apportionment  of  such  cities  or  towDs,  wlio  sliall,  after  clue  notice  and 
prese^vruon"^  hearing,  and  in  such  manner  as  they  shall  deem  just  and 
uc'l-esIrv°uCn8.'  cquitablc,  determine  the  proportion  in  which  each  of  such 
cities  and  towns  shall  annually  pay  money  into  the  treasury 
of  the  Commonwealth,  for  the  term  of  live  years  next  fol- 
lowing the  year  of  the  first  issue  of  said  scrip  or  certifi- 
cates, to  meet  the  interest  and  sinking  fund  requirements 
for  each  of  said  years,  as  estimated  by  the  treasurer  of  the 
Commonwealth,  and  to  meet  the  expenses  of  preservation 
and  necessary  care  of  said  public  reservations,  as  estimated 
by  said  board  and  certified  to  said  treasurer,  and  any  de- 
ficiency in  the  amount  previously  paid  in  as  found  by  said 
treasurer,  and  shall  return  their  award  into  said  court; 
and  when  said  award  shall  have  been  accepted  by  said 
court  the  same  shall  be  a  final  and  conclusive  adjudication 
of  all  matters  herein  referred  to  said  commissioners  and 
shall  be  binding  on  all  parties.  Said  commissioners  shall 
fix  and  return  the  proportion  tx)  be  paid  by  the  city  of 
Boston  for  the  first  period  of  fiv«  years,  at  fifty  per  cent, 
of  the  whole.  Before  the  expiration  of  said  term  of  five 
years,  and  every  five  years  thereafter,  three  commis- 
sioners, who  shall  not  be  residents  of  any  of  the  cities  or 
towns  constituting  the  metropolitan  parks  district,  shall 
again  l:)e  appointed  as  aforesaid,  who  shall  in  such  manner 
as  they  deem  just  and  equitable  determine  the  proportion 
in  which  each  of  said  cities  and  towns  shall  annually  pay 
money  into  the  treasury  of  the  Commonwealth  as  afore- 
said, for  the  next  succeeding  term  of  five  years,  together 
W'ith  any  deficiency  in  the  amount  previously  paid  in,  as 
found  by  said  treasurer,  and  shall  return  their  award  into 
said  court ;  and  when  said  award  shall  have  been  accepted 
by  said  court  the  same  shall  be  a  final  and  conclusive  adju- 
dication of  all  matters  herein  referred  to  said  commis- 
Proviso.  sioners,  and  shall  be  binding  on  all  parties :  provided, 

that  no  assessment  shall  be  levied  for  the  purposes  of  this 
act  in  any  one  year  upon  any  city  or  town  in  excess  of  a 
sum  equal  to  one  half  mill  on  the  dollar  of  the  valuation 
thereof. 
Annual  estimate      Section  11.     Tlic  metropolitan  park  commission  shall 

ofexpeneesto  n  j.-         i.     j-i  c  4.'  i 

be  made.  annually  estimate  the  expenses  oi  preservation  and  neces- 

sary care  of  said  public  reservations  for  the  ensuing  year, 
and  certify  the  same  to  the  treasurer,  who  shall  apjwrtion 
said  expenses  in  the  manner  provided  in  the  following 

rroviso.  section  :  provided,  however,  that  such  expenses  shall  not 


Acts,  1893.  — Chap.  408.  1141 

exceed  the  sum  of  ten  thousand  dollars  during  the  first 
year,  nor  exceed  the  sum  of  twenty  thousand  dollars  dur- 
ing any  succeeding  year. 

Sectiox  12.     The  amount  of  money  required  each  year  Amount  re- 
from  each  city  and  town  of  the  mctroi)olitan  jiarks  district  Cities  aDd^towns 
to  meet  the   interest,  sinking  fund  requirement  and  ex-  Inetlte'tax''.''* 
penses  aforesaid  for  each  year,  and  deficiency,  if  any,  shall 
be  estimated  by  the  treasurer  of  the  Commonwealth  in 
accordance  with  the  proportion  determined  as  aforesaid, 
and  shall  be  included  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  each  city  and 
town  of  the  amount  of  such  assessment,  and  the  same 
shall  be  paid  by  the  city  or  town  into  the  treasury  of  the 
Commonwealth  at  the  time  required  for  the  payment  and 
as  a  part  of  its  state  tax. 

Sectiox  13.     The  supreme    judicial   court  shall  have  supreme judi- 

.        •     T    ,  •  •  'j.      J.  i*  ii  •    •  i?  ^1   •  j_      cial  court  to  fix 

jurisdiction  m  equity  to  eniorce  the  provisions  oi  this  act,  compensation  of 
and  shall  fix  and  determine  the  compensation  of  all  com-  appc^'nteir'tf/u. 
missioners  appointed  by  said  court  under  the  provisions 
hereof. 

Section  14.    This  act  shall  take  effect  upon  its  passage. 

Aj^proved  June  5,  1893. 


An  Act  relatixg  to  the  stock  and  bonds  of  the  fitchburg 
railroad  company  held  by  the  commonwealth. 


ChapAQ^ 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  treasurer  and  receiver  general,  as  FUchburg  Raii- 
soon  as  practicable  after  the  passage  of  this  act,  shall,  LcTa^nf^'^"""*'^ 
under  the  direction  of  the  governor  and  council,  issue 
scrip  or  certificates  of  debt  in  the  name  and  behalf  of  the 
Commonwealth,  and  under  its  seal,  to  an  amount  not 
exceeding  five  million  dollars,  for  a  term  not  exceeding 
twenty  years.  Said  scrip  or  certificates  of  debt  shall 
be  issued  as  registered  bonds  or  with  interest  coupons 
attached,  and  shall  bear  interest  at  a  rate  not  exceedins: 
four  per  centum  per  annum,  payable  semi-annually,  in  gold 
coin  or  its  equivalent,  on  the  first  days  of  February  and 
August  in  each  year.  Such  scrip  or  certificates  of  debt 
shall  be  designated  on  their  face  as  the  Fitchburo;  Eailroad 
Securities  Loan ;  shall  be  countersigned  by  the  governor, 
and    shall   be  deemed  a   pledge    of  the  faith  and  credit 


1142 


Acts,  1893.  — Chap.  408. 


Fitchburg  Rail- 
road Securities 
Sinking  Fund. 


Income,  dispos. 
al  of  surplus, 
supply  for 
deticiency. 


Governor, 
lieutenant  gov- 
ernor and  treas- 
urer to  manage 
and  control 
securities,  etc. 


of  the  Commonwealth,  redeemable  at  the  time  specified 
therein,  in  gold  coin  or  its  equivalent,  and  shall  be  sold 
and  disposed  of  by  public  auction,  or  in  such  other  mode, 
and  at  such  times  and  prices,  and  in  such  amounts,  and  at 
such  rate  of  interest,  not  exceeding  four  per  centum  per 
annum,  as  the  governor  and  council  shall  deem  best. 

Section  2.  The  proceeds  of  the  sales  of  the  scrip  or 
certificates  of  debt  mentioned  in  section  one  shall  be  used 
to  purchase  at  par,  from  the  several  funds  of  which  they 
form  a  part,  the  bonds  of  the  Fitchburg  Railroad  Com- 
pany which  were  received  in  payment  for  the  Hoosac 
tunnel  and  Troy  and  Greenfield  railroad ;  which  bonds  so 
purchased  together  with  the  common  stock  of  said  Fitch- 
burg Railroad  Company,  owned  by  the  Commonwealth, 
shall  be  set  apart  as  a  fund  to  be  known  as  the  Fitchburg 
Railroad  Securities  Sinking  Fund ;  and  said  bonds  and 
stock  shall  be  held  as  a  sinking  fund  to  redeem  the  scrip 
or  certificates  of  debt  provided  for  in  section  one,  at 
maturity. 

Section  3.  The  income  of  said  bonds  and  stock  shall 
l)e  devoted  to  the  payment  of  the  interest  on  said  scrip  or 
certificates  of  debt,"  and  in  case  said  income  is  more  than 
sufficient  in  any  year  to  pay  said  interest  the  excess  shall 
be  added  to  the  income  of  the  Massachusetts  school  fund 
for  that  year,  and  in  case  in  any  year  the  income  is 
insufficient  to  pay  said  interest,  the  deficiency  shall  be 
payable  from  any  money  in  the  treasury,  not  otherwise 
appropriated. 

Section  4.  The  sinking  fund  established  by  this  act 
shall  be  in  the  custody  of  the  treasurer  and  receiver 
general  of  the  Commonwealth,  as  other  funds,  but  the 
securities  shall  be  under  the  direction  and  control  of 
a  committee  consisting  of  the  governor,  the  lieutenant 
governor  and  the  treasurer  and  receiver  general,  who 
shall,  in  all  cases  wherein  said  securities  have  a  voting 
power  at  any  meeting  of  said  corporation,  determine  by 
whom,  and  what  way,  such  voting  power  shall  be  exer- 
cised. Said  committee  shall  manage  and  control  the 
common  stock  herein  referred  to  for  the  best  interests  of 
the  Commonwealth  and  of  the  city  of  Boston,  and  par- 
ticularly with  a  view  to  prevent  the  merging  or  consoli- 
dation of  said  railroad  with,  or  its  control  by,  any  parallel 
or  competing  line,  and  to  maintain  the  line  of  said  com- 
pany permanently  as  an  independent  line  from  Boston  to 
points  in  New  York  state. 


Acts,  1893.  — Chaps.  409,  410.  1143 

Section  5.     The  securities  held   in  the  sinkino;  fund  Securities  not  to 

l)G  601(1     etc. 

biOrein  established  shall  not  be  sold  or  exchanged  except  except,' etc."' 
by  authority  of  the  governor  and  council. 

Section  G.     This  act  shall  take  eft'ect  upon  its  passage, 

Ajyproved  June  5,  1893. 

An    Act   providing   additional   compensation   for   the   ser-  njinY)  4Q9 

GEANT-AT-ARMS     MESSENGER     DETAILED     FOR     DUTY     WITH     THE  ^ 

TREASURER  AND   RECEIVER   GENERAL. 

"Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The   messenger   of   the    sergeant-at-arms  Additional  com. 

i.*jj.'ijj  ly  •  xj-i        pensation  estab- 

who  IS  detailed  and  pertorms  service  as  messenger  to  the  ashed. 
treasurer  and  receiver  general,  shall  receive  annually  the 
sum  of  five  hundred  dollars,  in  addition  to  the  amount 
he  now  receives  as  sergeant-at-arms'  messenger,  for  such 
service,  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  June  5,  1S93. 

An  Act  to  incorporate  the  crompton  associates.  Ohan  A\0 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Mary  C.  Crompton,  Isabel  M.  Crompton,  crompton  abso- 
Cora  E.  Crompton,  Stella  S.  Crompton,  G,eorgietta  F.  rltedV"*^*"^^** 
Crompton,  Mary  Catharine  Crompton,  Charles  Crompton 
and  Mildred  Crompton  Smith,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  for  the  term  of 
fifteen  years  from  the  date  of  the  passage  of  this  act,  by 
the  name  of  the  Crompton  Associates ;  subject  to  the  pro- 
visions of  chapter  one  hundred  and  five  of  the  Public 
Statutes  and  to  all  general  corporation  laws  which  now 
are  or  hereafter  may  be  in  force  relating  to  such  corpora- 
tions, and  shall  have  the  powers  and  be  subject  to  the 
liabilities  and  restrictions  prescribed  therein. 

Section  2.  Said  corporation  shall  have  the  power  to  May  hold,  seii, 
purchase  and  hold  real  estate  situated  in  Worcester,  which  fn^worc'esfer!^ 
was  owned  by  George  Crompton,  late  of  Worcester,  now 
deceased,  at  the  time  of  his  death,  and  now  owned  by  his 
heirs;  and  lands  in  addition  thereto,  *  desirable  for  the 
improvement  thereof,  not  to  exceed  in  the  aggregate  six 
acres,  and  to  sell,  mortgage,  let,  lease  and  improve  the 
same,  and  to  erect  factories,  dwelling  houses  and  other 
buildings  and  structures  thereon,  as  may  be  deemed  neces- 
sary and  expedient. 


1144 


Acts,  1893.  — Chap.  411. 


Capital  stock 
and  shares. 


Proviso. 


May  increase 
capital  stock. 


Provisos. 


Section  3.  The  capital  stock  of  said  corporation  shall 
be  three  hundred  and  fifty  thousand  dollars,  and  shall  be 
divided  into  shares  of  one  hundred  dolhirs  each  :  provided^ 
that  no  stock  shall  be  issued  until  the  whole  amount  of 
said  capital  stock  shall  have  been  paid  in,  either  in  cash 
or  property,  the  value  of  which  property,  if  any,  shall  be 
determined  by  the  commissioner  of  corporations. 

.  Section  4.  The  said  corporation  may  from  time  to 
time  increase  its  capital  stock  in  amounts  not  to  exceed  in 
the  aogregate  the  further  sum  of  live  hundred  thousand 
dollars :  provided,  that  no  shares  in  such  increased  capital 
stock  shall  be  issued  for  a  less  sum  to  be  actually  paid  in 
on  each  share,  in  cash  or  property,  than  the  par  value 
thereof,  which  shall  not  be  less  than  one  hundred  dollars, 
the  value  of  said  property  to  be  determined  as  aforesaid ; 
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  office  of  the 
secretary  of  the  Commonwealtlv 

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

Approved  June  3,  1893. 


CTiap> 


.411  ^^  ^^'^  '^^  PROVIDE  FOR  THE  PRESERVATION  OF  THE  RECORDS 
AND  HISTORY  OF  THE  GRAND  ARMY  OF  THE  REPUBLIC,  DEPART- 
MENT  OF   MASSACHUSETTS. 


the  Republic, 
etc. 


Be  it  enacted,  etc.,  as  folloivs: 
Preservation  of       Section  1.     Thci'e  shall  bc  sct  apart  a  suitably  fur- 

records   etc..  of        •  • 

Grand  Army  of  nislicd  Tooui  OT  rooms  in  tlic  statc  hoiisc,  which  room  or 
rooms  shall  be  under  the  charge  of  the  commander  of  the 
Grand  Army  of  the  Republic  of  the  Department  of  Massa- 
chusetts, and  his  successors  in  office,  subject  to  the  pro- 
visions of  chapter  five  of  the  Public  Statutes ;  and  said 
room  or  rooms  shall  be  used  by  such  commander  for  the 
purpose  of  headquarters  and  for  storing  the  supi)lies  and 
property  of  the  department,  relics  and  mementos  of  the 
war,  arranging  and  preserving  the  history  of  individuals 
who  served  in  the  armj^  navy  or  marine  corps  during  the 
war  of  the  rebellion,  who  belonged  to  organizations  of  this 
Commonwealth,  or  citizens  of  this  Commonwealth  who 
served  in  the  regular  i  rmy,  navy  or  marine  corps  of  the 
United  States,  which  said  Grand  Army  of  the  Republic  may 
collect  and  desire  to  preserve  as  a  part  of  the  history  of 


Acts,  1893.  — Chap.  412.  1145 

the  Coimiionwoalth.  And  such  records  shall  ])c  accessible 
at  all  times,  under  suitable  rules  and  reuulations,  to  mem- 
bers of  the  Grand  Army  of  the  Repul)lic  and  others  en- 
gaiiod  in  collectino-  historical  information. 

Section  2.     The  books  of  record,  papers,  relics,  me-  Records,  etc.,  to 
mentos  and  other  eflects  of  whatever  nature  belonging  to  prop™«y  o*f 
the  said  department  of  ^Massachusetts  of  the  Grand  Army  |;p™'di".oiu''t'o''n 
of  the  lve})ublic  shall,  whenever  said  department  ceases  to  of  organizauoa. 
exist  as  a  department  organization,  become  the  property 
of  the  Commonwealth. 

Sectiox  3.     This  act  shall  take  effect  upon  the  com-  when  to  take 
pletion  of  the  reconstruction  and  improvements  of  the  state 
house.  Ajjproved  June  3,  1893. 


effect. 


ChapA12 


An  Act  to  provide  for  an  additional  water  supply  for 
the  city  of  lowell. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lowell,  for  the  purpose  of  Additional 
improving  and  increasing  its  water  supply  and  obtaining  for?hVci^yof 
and  taking  water  by  means  of  forced,  driven,  artesian  or  ^°^®'^- 
other  wells,  or  from  subterranean  streams,  on  any  land 
within  said  city,  may  take  and  hold  by  purchase  or  other- 
wise any  such  lands,  and  may  also  take  and  hold  by  pur- 
chase or  otherwise  all  lands,  rights  of  way  and  easements 
necessary  for  holding,  storing  and  preserving  such  water 
and  for  conveying  the  same  to  any  part  of  said  city  of 
Lowell ;  and  may  erect  on  the  land  thus  taken  or  held 
proper  dams,  buildings,  fixtures  and  other  structures,  and 
may  make  excavations,  procure  and  operate  suitable  ma- 
chinery, and  provide  such  other  means  and  appliances  as 
may  be  necessary  for  the  establishment  and  maintenance 
of  such  additional  water  supply ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works  under,  through 
or  over  any  lands,  canals,  bridges  or  railroads,  to  the 
extent  necessary  to  fully  carry  out  the  purposes  of  this 
act. 

Section  2.     Said  city  of  Lowell  shall,  within  sixty  days  a  description 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  faVen'to'be'^" 
water  sources  or  easements  as  aforesaid,  otherwise  than  by  L^'i-yof  deeds^^' 
purchase,  file  and  cause  to  be  recorded  in  the  Middlesex  etc. 
north  district  registry  of  deeds  a  description  thereof  suf- 
ficiently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken,  which  description 
and  statement  shall  be  signed  by  the  mayor  of  said  city. 


1146  Acts,  1893.  — Chap.  412. 

Damages.  Sectiox  3.     Said  city  shall  pay  all  damages  sustained 

by  any  person  or  corporation  by  the  taking  of  any  land, 
rights  of  way,  water,  water  source,  water  right  or  ease- 
ment, or  by  any  other  thing  done  by  said  cit}^  under  the 
authority  of  this  act.  Any  })erson  or  corporation  sustain- 
ing 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  laying  out  high- 
ways, on  application  at  any  time  within  the  period  of  two 
years  from  the  taking  of  any  such  land  or  other  property, 
or  the  doing  of  other  injury  under  the  authority  of  this 
act,  but  no  application  shall  be  made  after  the  ex})iration 
of  two  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  with- 
drawn or  diverted  by  said  city  under  the  authority  of  this 
act. 
nioney^poy^-"^^'  Section  4.  In  cvcry  case  of  a  claim  for  damages,  as 
ment,  etc.  providcd  lierciu,  the  city  of  Lowell  may  tender  to  the 
complainant  or  his  attorney  any  sum  that  it  shall  think 
proper,  or  may  bring  the  same  into  court  to  be  paid  to 
the  complainant  for  the  damages  by  him  sustained  or 
claimed  in  his  petition ;  and  if  the  complainant  shall  not 
accept  the  same,  with  the  costs  up  to  that  time,  but  shall 
proceed  in  the  suit,  he  shall  be  entitled  to  his  costs  up  to 
the  time  of  the  tender,  or  such  payment  into  court,  and  not 
afterwards,  unless  he  shall  recover  greater  damages  than 
Avere  so  offered ;  and  said  city  shall  be  entitled  to  recover 
its  costs  afterwards,  unless  the  complainant  shall  recover 
greater  damages  than  were  so  offered. 
wtrfuUDmip-  Section  5.  If  any  person  shall  use  any  of  said  water, 
lion  or  diversion  taken  or  obtained  under  this  act,  without  the  consent  of 

of  water,  etc.  .,        .  ,..,,. 

said  city,  or  shall  wantonly  or  maliciously  divert  the 
water,  or  any  part  thereof,  so  taken  or  obtained,  or  cor- 
rupt the  same,  or  render  it  impure,  or  destroy  or  injure 
any  dam,  aqueduct,  pipe,  conduit,  hydrant,  machinery  or 
other  works  or  property  held,  owned  or  used  by  said  city 
under  the  authority  of  and  for  the  purposes  of  this  act,  he 
shall  forfeit  and  pay  to  said  city  three  times  the  amount 
of  damages  assessed  therefor,  to  be  recovered  in  an  action 
of  tort ;  and  on  conviction  of  either  of  the  wanton  or  mali- 
cious acts  aforesaid  may  l)e  punished  by  a  fine  not  exceed- 
ing three  hundred  dollars  or  by  imprisonment  in  jail  not 
exceeding  one  year. 


Acts,  1893.  — Chap.  413.  1U7 

Sectiox  6.     This  act  shall  not  al^ridge  anjM'ights  here-  Rights  and 
tofore  granted  to  the  city  of  Lowell  in  respect  to  its  water  Fore  granted  °" 
sui^ply  ;  and  the  jwwers  specified  in  this  act  shall  be  held  *^°*  ^s«'='^'*- 
to  be  in  addition  to  all  })owers  heretofore  granted. 

Section  7.     All  the  rights,  powers  and  authority  given  Rights  and 
to  the  city  of  Lowell  by  this  act  shall  ])e  exercised  by  said  exerc[8ed°uifder 
city,  subject  to  all  the  duties,  liabilities  and  restrictions  cuy^'coundi. 
herein  contained,  in  such  manner  and  by  such  agent,  offi- 
cers and  servants  as  the  city  council  shall  from  time  to 
time  ordain,  direct  and  appoint. 

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

Approved  June  5,  1893. 


ChapAlS 


An  Act  to  authorize  the  purchase  of  historical  works 
relative  to  the  services  of  massachusetts  volunteers 
during  the  late  civil  avar. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Whenever,  after  the  passage  of  this  act,  certain  hiBtori- 

,  .....  .      ca\  works  relat- 

an}^  regiment  or  battery,  or  other  unit  ot  military  organi-  ing  to  the  civii 
zation  of  Massachusetts  volunteers,  shall  publish  or  shall  chased.  ^  ^^'^' 
have  prepared  for  publication  a  history  of  such  organiza- 
tion, under  the  sanction  and  authority  of  its  proper  veteran 
association,  which  history  shall  be  shown  to  the  satisfac- 
tion of  the  governor  and  council  to  be,  so  far  as  is  prac- 
ticable in  such  works,  faithfully  and  accurately  prepared 
and  historically  correct,  to  contain  matter  not  previously 
published  or  accessible.to  the  general  historian,  to  be  of 
sufficient  reliability  and  importance  to  justify  the  purchase 
of  copies  as  herein  provided  for,  and  to  contain  a  complete 
roster  of  the  organization,  corrected  to  the  date  of  publi- 
cation, the  secretary  of  the  Commonwealth,  with  the  ap- 
proval of  the  governor  and  council,  and  at  a  price  fixed 
by  them,  shall  })urchase  five  hundred  copies  of  such  his- 
tory. Said  history  shall  be  in  one  volume,  and  the  price 
thereof  shall  not  exceed  two  dollars  for  a  volume  of  four 
hundred  octavo  pages. 

Section  2.     The  volumes  purchased  as  aforesaid  shall  Distribution  of 

i  volumes  pur- 

be  distributed  as  follows :  one  copy  to  the  office  of  the  chased. 
secretary  of  the  Commonwealth,  one  to  the  office  of  the 
adjutant  general,  one  to  each  city  and  town  library  in 
the  Commonwealth,  or  to  the  office  of  the  town  clerk  of 
each  town  that  has  no  public  library,  one  to  the  library 
of  each  college  in  the  state,  one  to  each  historical  society 
in  the  state,  one  to  the  library  of  congress,  and  one  to  the 


1148 


Acts,  1893.  — Chap.  414. 


Arrests  for 
druDkennesB, 
complaint, 
statement  and 
request  for 
release. 


Person  to  be 
informed  of 
his  right. 

Proceedings 
upon  statement 
and  request. 


library  of  each  state  and  territory  of  the  union,  the  bal- 
ance to  be  placed  in  the  state  library  of  Massachusetts  for 
purposes  of  exchange. 

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

Approved  June  5,  1893. 

Ch(ipA\4:  Ax  Act  relative  to  the  release  of  persons  arrested  for 

DRUNKENNESS. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  Whoever  arrests  a  person  for  drunkenness 
shall  make  a  complaint  against  him  for  that  offence.  Any 
person  so  arrested  may  make  to  the  officer  in  charge  of  the 
place  of  custody  in  which  he  is  confined,  a  written  statement, 
addressed  to  the  court  having  jurisdiction  of  his  case,  giv- 
ing his  name  and  address,  what  persons,  if  any,  are  depend- 
ent upon  him  for  support ;  his  place  of  employment,  if 
any ;  and  whether  he  has  been  arrested  for  drunkenness 
before  within  the  twelve  months  next  preceding,  together 
with  a  request  to  be  released  from  custody.  He  shall  be 
informed  by  said  officer  of  his  right  to  make  such  state- 
ment and  request.  Tlie  officer  who  receives  such  state- 
ment shall  endorse  thereon  the  name  of  the  arresting 
officer,  and,  if  the  arrest  was  made  witliin  the  jurisdiction 
of  a  court  having  a  probation  officer,  shall  transmit  said 
statement  to  said  officer,  who  shall  at  once  inquire  into 
the  truth  or  falsity  thereof,  and  into  the  record  of  said 
person  as  to  previous  similar  offences,  and  shall  endorse 
thereon,  over  his  own  signature,  for  the  use  of  the  court 
having  jurisdiction  of  the  case,  the  result  of  the  investi- 
gation, and  the  court  thereupon,  in  its  discretion,  may 
direct  that  such  person  be  released  from  custody  without 
arraignment.  If  the  arrest  is  made  within  the  jurisdiction 
of  a  trial  justice  the  officer  in  charge  of  the  place  of  custody 
shall  transmit  such  statement,'  with  the  prisoner,  to  the 
trial  justice,  for  his  use  in  the  trial  and  disposition  of 
the  case.  No  officer  making  an  arrest  under  the  provi- 
sions of  this  act  shall  be  liable  for  illegal  arrest  or  imprison- 
ment if  the  person  arrested  shall  be  released  from  custody 
upon  his  own  request,  as  herein  provided. 

Section  2.  Sections  two  and  three  of  chapter  four 
hundred  and  twenty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  are  hereby  repealed. 

Section  3.  This  act  shall  take  eflect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-three. 

Approved  June  3,  1893. 


Officer  not 
liable  for  illegal 
arrest,  etc. 


1891,427,  §§2,  3, 
repealed. 


To  take  effect 
July  1,  1893. 


Acts,  1893.  — Chap.  415.  1149 

ChapA15 


An  Act  in  addition  to  the  seveual  acts  making  ArrROPKiA- 

TIONS   FOR  EXPENSES   AUTHORIZED  THE   PRESENT  YEAR,  AND  FOR 
CERTAIN   OTHER   EXPENSES   AUTHORIZED   BY  LA.W. 


Be  it  enacted,  etc.,  asfolloios: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
jiriated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes  speci- 
tied  in  certain  acts  and  resolves  of  the  present  year  and 
for  certain  other  expenses  authorized  by  law,  to  wit :  — 

For  expenses  in  connection  with  the  act  relative  to  the  state  printing. 
supervision  of  the  state  printing,  a  sum  not  exceeding  one 
thousand  dollars,  as  authorized  l)y  chapter  two  hundred 
and  eighty-seven  of  the  acts  of  the  present  year. 

For  the  salaries  of  the  harl)or  and  land  commissioners.  Harbor  and 
the  sum  of  nine  hundred  dollars,  as  authorized  by  chapter  eioners.™""*" 
two  hundred  and  ninety-eight  of  the  acts  of  the  present 
3'ear,  being  in  addition  to  the  tifty-five  hundred  dollars 
appropriated  by  chapter  eight  of  the  acts  of  the  present 
year. 

For  the  payment  of  salaries  at  the  Massachusetts  re-  Massachusetts 
formatory  at  Concord,  a  sum  not  exceeding  two  thousand  ''^^°''™"^°''y- 
dollars,  as  authorized  by  chapter  three  hundred  and  thirty- 
three  of  the  acts  of  the  present  year,  the  same  to  be  in 
addition  to  the  sixty-nine  thousand  dollars  appropriated 
by  chapter  twenty  of  the  acts  of  the  present  year. 

For  the  salary  of  the  tirst  clerk  in  the  office  of  the  sergeantat. 
sergeant-at-arms,  a  sum  not  exceeding  four  hundred  dol-  cLTk.^'^* 
lars,  as  authorized  by  chapter  three  hundred  and  fifty- 
eight  of  the  acts  of  the  present  year,  the  same  to  be  in 
addition  to  the  eighteen  hundred  dollars  appro])riated  for 
the  salary  of  the  clerk  to  the  sergeant-at-arms,  who  by 
this  act  is  made  first  clerk,  by  chapter  three  of  the  acts 
of  the  present  year. 

For  ex})enses  in  connection  with  providing  uniform  prac-  courts  of  pro- 
tice  and  procedure  in  courts  of  probate  and  insolvency,  as  vency^'^  '"*° ' 
authorized  by  chapter  three  hundred  and  seventy-two  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  one 
thousand  dollars. 

For  expenses  in  connection  w^ith  the  act  in  relation  to  Liquor  licenses 
the  granting  of  licenses  for  the  sale  of  intoxicating  liquor  reao'itSr^'^ 
in  towns  which  are  summer  resorts,  a  sum  not  exceeding 
three  hundred  dollars. 


1150 


Acts,  1893.  — Chap.  415. 


Highway  com- 
mueion. 


Free  public 
library  commis- 
sion. 


Surgeon  gen- 
eral. 


Metropolitan 
park  commis- 
Bion. 


Northampton 
lunatic  hospital, 


Eliza  M.  Doyle, 


Naval  battalion, 


Worcester  luna- 
tic  hospital. 


Westbo  rough 
insane  hospital. 


State  hatchery. 


Massachusetts 
troops  at  Chat- 
tanooga. 


For  printing  the  report  of  the  commission  to  improve 
the  highways  of  the  Commonwealth,  as  authorized  by 
chapter  forty-five  of  the  resolves  of  the  present  year,  the 
sum  of  four  hundred  forty-seven  dollars  and  twenty-one 
cents,  the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated. 

For  printing  extra  copies  of  the  annual  report  of  the 
free  public  library  commission,  the  sum  of  eighty-eight 
dollars  and  ninety-one  cents,  as  authorized  by  chapter 
sixty-nine  of  the  resolves  of  the  present  year. 

For  the  payment  of  certain  bills  authorized  by  the  sur- 
geon general,  the  sum  of  two  hundred  seventeen  dollars 
and  eighty-eight  cents,  as  authorized  by  chapter  seventy 
of  the  resolves  of  the  present  year. 

For  printing  and  binding  additional  copies  of  the  report 
of  the  metropolitan  park  commission,  as  authorized  by 
chapter  seventy-one  of  the  resolves  of  the  present  year, 
a  sum  not  exceedins:  eio;hteen  hundred  dollars,  the  same 
to  he  in  addition  to  any  amounts  heretofore  appropriated. 

To  provide  for  the  enlargement  and  repair  of  the  state 
lunatic  hospital  at  Northampton,  a  sum  not  exceeding 
twenty-five  thousand  dollars,  as  authorized  by  chapter 
seventy-two  of  the  resolves  of  the  present  year. 

For  Eliza  M.  Doyle,  the  sum  of  one  hundred  and  fifty 
dollars,  as  authorized  by  chapter  seventy-three  of  the 
resolves  of  the  present  year. 

For  certain  expenses  of  the  naval  battalion,  Massachu- 
setts volunteer  militia,  a  sum  not  exceeding  twenty-five 
hundred  dollars,  as  authorized  by  chapter  seventy-four  of 
the  resolves  of  the  present  year. 

For  repairs  and  improvements  at  the  Worcester  lunatic 
hospital,  a  sum  not  exceeding  twenty  thousand  dollars,  as 
authorized  liy  chapter  seventy-six  of  the  resolves  of  the 
present  year. 

For  repairs  and  improvements  at  the  "NYestborough 
insane  hospital,  a  sum  not  exceeding  ten  thousand  eight 
hundred  dollars,  as  authorized  by  chapter  seventy-seven 
of  the  resolves  of  the  present  year. 

For  repairs  and  improvements  to  the  state  hatchery  at 
Wilkinsonville  in  the  town  of  Sutton,  a  sum  not  exceed- 
ing two  thousand  dollars,  as  authorized  by  chapter  seventy- 
eight  of  the  resolves  of  the  present  year. 

For  expenses  in  connection  with  ascertaining  and 
marking  positions  occupied  by  Massachusetts  troops  at 


Acts,  1893.— Chap.  415.  1151 

Chattanooga,  as  authorized  by  chapter  seventy-nine  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  five 
hundred  (hdlars. 

For  the  purchase  of  furniture  and  for  furnishings  for  Metropolitan 
the  offices  of  the  metropolitan  sewerage  commissioners,  a  mus^ion^M?'"" 
sum  not  exceeding  forty-five  hundred  dollars,  as  author- 
ized by  chapter  eightj'-one  of  the  resolves  of  the  present 
year. 

For  additional  fire  escapes  at  the  A\^estborough  insane  westborough 
hospital,  a  sum  not  exceeding  seven  hundred  dollars,  as  »°8»De  •^''sp^a'- 
authorized  by  chapter  eighty-three  of  the  resolves  of  the 
present  year. 

For  painting  at  the  reformatory  prison  for  women,  a  Reformatory 
sum  not  exceeding  fifteen  hundred  dollars,  as  authorized  women."'^ 
by  chapter  eighty-four  of  the  resolves  of  the  present  year. 

For  the  widow  of  the  late  John  H.  Paine,  the  sum  of  yi'^^so^  , 

.  .  '  John  H.  Paine. 

two  thousand  seventy-six  dollars  and  sixty-seven  cents, 
as  authorized  by  chapter  eighty-five  of  the  resolves  of  the 
present  year. 

For  expenses  in  connection  with  the  boundary   lines  New  Hampshire 
between   the    Commonwealth   of  Massachusetts  and   the  boundary  nnes. 
states  of  New  Hampshire  and  Vermont,  as  authorized  by 
chapter  eighty-seven  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  five  thousand  dollars. 

To  enable  the  Commonwealth  to  be   properly   repre-  World's  coium- 
sented  at  the   world's  Columbian  exposition  at  Chicago,  ^'^^^ ^^P°«i'*«''- 
Illinois,  on  the  seventeenth  day  of  June  of  the  present 
year,  a  sum  not  exceeding  twelve  thousand   dollars,  as 
authorized  by  chapter  eighty-eight  of  the  resolves  of  the 
present  year. 

For  the  purpose  of  erecting  a  new  normal  school  build-  f^hwi^^^"^^^ 
ing  in  the  city  of  Salem,  a  sum  not  exceeding  fifty 
thousand  dollars ;  and  the  proceeds  of  the  sale  of  the 
present  normal  school  building  and  site  may  be  used  by 
the  state  board"  of  education  for  the  purchase  of  a  new  site 
or  for  such  other  expenses  in  connection  with  said  school 
l)uilding  as  may  be  necessary ;  all  of  which  is  authorized 
by  chapter  ninety-one  of  the  resolves  of  the  present  year. 

For  repairs  to  Avorkshops  damaged  by  fire  at  the  state  state  prison. 
prison,  a  sum  not  exceeding  twenty-five  hundred  dollars, 
as  authorized  by  chapter  ninety-two  of  the  resolves  of  the 
present  year. 

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

Ai^proved  June  3,  1893. 


1152 


Acts,  1893.  — Chaps.  416,  417. 


1893,  300,  §6, 
repealed. 


Election  act  of 
1893. 

Certain  terms 
defined. 
1889,  413,  §1; 
1890,423,  §1; 
1892,  351,  §1. 


ChCtpAlQ  ^^   ^^'^  RELATING   TO   AN   ACT   RELATFV^E    TO    THE    LAYING   OUT   OF 

PUBLIC   PARKS   BY   TOAVNS   AND   CITIES. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Section  six  of  chapter  three  hundred  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
being  an  act  rehitive  to  the  laying  out  of  public  parks  by 
towns  and  cities,  is  hereby  repealed. 

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

Approved  June  3,  1893. 

ChClD. 4:17   ^^  ^^^    "^^    CODIFY     AND    CONSOLIDATE    THE    LAWS    RELATING    TO 

ELECTIONS. 

Be  it  enacted,  etc.,  as  folloios: 

TITLE  I. 
1.     General  Provisions. 

Section  1.  This  act  shall  be  known  and  may  be  cited 
as  the  Election  Act  of  Eighteen  Hundred  and  Ninety-Three. 

Section  2.  Terms  used  in  this  act  and  in  statutes  relat- 
ing to  elections  shall  have  application  as  hereinafter  set 
forth,  unless  other  meaning  is  clearly  apparent  from  the 
language  or  context,  or  from  the  manifest  intent. 

The  term ' '  state  election  ",  shall  apply  to  any  election  held 
for  the  choice  of  a  national,  state,  district  or  county  officer, 
by  the  qualified  voters,  whether  for  a  full  term  or  for  the 
filling  of  a  vacancy;  and  the  term  "state  otiicer",  shall 
apply  to  any  person  to  be  chosen  by  the  qualitied  voters 
at  such  an  election.  The  term  "city  election",  shall  apply 
to  any  election  held  in  a  city  for  the  choice  of  a  city 
officer,  by  the  qualified  voters,  whether  for  a  full  term  or 
for  the  filling  of  a  vacancy  ;  and  the  term  ' '  city  officer ", 
shall  apply  to  any  person  to  be  chosen  by  the  qualified 
voters  at  such  an  election.  The  term  "town  election", 
shall  apply  to  any  meeting  held  for  the  election  of  town 
officers,  by  the  qualified  voters,  whether  for  a  full  term 
or  for  the  filling  of  a  vacancy ;  and  the  term  ' '  town 
officer",  shall  apply  to  any  person  to  be  chosen  by 
the  qualified  voters  at  such  a  meeting.  The  term  "  elec- 
tion", shall  also  apply  to  the  taking  of  a  vote  upon 
a  proposed  amendment  to  the  constitution,  upon  the  ques- 
tion of  granting  licenses  for  the  sale  of  intoxicating 
liquors  in  a  city  or  town,  and  upon  any  other  question 
submitted  by  statute  to  the  vote  of  the  people.     The  term 


Acts,  1803.  — Chap.  417.  1153 

"caucus",  shall  apply  to  any  public  mootino;  of  qualified  ^c^lrja*"™^ 
voters  of  a  ward  of  a  city,  or  of  a  town,  or  of  a  rei)resen- 
tative  district,  held  for  the  nomination  of  a  candidate  for 
election,  for  the  selection  of  delegates  to  a  political  con- 
vention, or  for  the  appointment  of  a  political  committee, 
under  this  act.  The  term  ' '  election  ofticer  ",  shall  apply  to 
wardens,  clerks,  inspectors  and  ballot  clerks,  and,  when 
on  duty,  io  the  deputies  of  any  such  officers,  and  also  to 
selectmen,  town  clerks,  moderators  and  tellers  when  tak- 
ing part  in  the  conduct  of  elections.  The  term  "  presid- 
ing officer",  shall  apply  to  the  warden,  chairman  of  select- 
men, moderator  or  town  clerk,  in  charge  of  a  polling  place 
at  an  election,  or,  in  case  of  the  absence  of  anj'  such 
superior  officer,  to  the  deputy  warden  or  the  clerk  or 
senior  inspector  or  senior  selectman  present,  who  shall 
have  charge  of  a  polling  place  in  the  absence  of  such 
superior  officer.  The  term  "  polling  place  ",  shall  apply 
to  the  room  or  place  provided  in  a  ward  of  a  city,  or 
in  a  voting  precinct  of  a  city  or  town,  or  in  a  town 
within  which  an  election  is  held.  When  reference  is 
made  in  this  act  to  town  elections  or  meetings,  at  or 
for  which  ballots  are  provided  at  the  expense  of  the 
town,  such  terms  shall  be  held  to  apply  to  elections 
or  meetings  held  for  the  election  of  town  officers  in 
towns,  which  have  accepted  the  provisions  of  chapter 
three  hundred  and  eighty-six  of  the  acts  of  the  year 
eighteen  hundred  and  ninety,  and  in  towns  which  have 
voted  that  ballots  shall  be  so  provided  in  accordance  with 
section  two  hundred  and  ninety- three  of  this  act.  The 
t€rm  "two  leading  political  paii;ies",  shall  apply  to  the  two 
political  parties  which  cast  the  largest  and  next  largest 
number  of  votes  for  governor  at  the  preceding  annual 
state  election. 

Section  3.     In   all  elections  of  civil  officers  by  the  Person  receiving 
people,  the  person  receiving  the  highest  number  of  votes  of^vmeB"to  be^*^ 
for  an  office  shall  be  deemed  and  declared  to  be  elected  to  etc*!™*^'^  elected, 
such  office ;  and  if  two  or  more  persons  are  to  be  elected  ^^^'^>  ^^s,  §96. 
to  the  same  office,  the  several  persons,  up  to  the  number 
to  be  chosen  to  such  office,  receiving  the  highest  number 
of  votes,  shall  be  deemed  and  declared  to  be  elected ;  but 
if  two  or  more  persons  receive  the  same  number  of  votes, 
they  shall  not  be  deemed  to  be  elected  if  thereby  a  greater 
number  would  be  elected  than  are  by  law  to  be  chosen  to 
such  office. 


1154 


Acts,  1893.  — Chap.  417. 


Elections  in 
cities  to  be  iield 
on  Tuesdays, 
etc.  1890,  423, 
§142. 

Reckoning  time 
in  election  laws. 
1890,423,  §187; 
1891,  74,  §1. 


Indians  as  citi- 
zens, riglits. 
privileges,  etc. 
1892,  351,  §5. 


Time  to  be 
allowed  for 
voting  of  em 
ployees. 
1890,  423,  §143. 


Places  for  post- 
ing lists  and 
notices. 
1892,  351,  §37. 


Sale,  etc.,  of 
intoxicating 
liquors  on 
election  days. 
1885,216;  1889, 
186,  361. 


Section  4.  All  elections  in  cities  which  by  any  statute 
are  appointed  to  be  held  on  a  Monday,  shall  be  held  on 
the  Tuesday  next  succeeding  such  Monday. 

Section  5.  In  reckoning  the  number  of  days  in  a  period 
of  time  allowed  or  required  by  the  provisions  of  this  act 
and  of  other  statutes  relative  to  elections,  Sundays  and 
holidays  shall  be  included ;  except  that,  if  a  period  of 
time  follows  a  certain  day,  act,  or  event,  and  the  final  day 
of  such  period  falls  on  a  Sunday  or  a  holiday,  then  the  day 
succeeding  such  Sunday  or  holiday  shall  be  considered  the 
final  day  of  the  period ;  and,  if  a  period  of  time  precedes 
a  certain  day,  act,  or  event,  and  the  first  day  of  such 
period  falls  on  a  vSunday  or  a  holiday,  then  the  day  pre- 
ceding such  Sunday  or  holiday  shall  be  considered  the 
first  day  of  the  period. 

Section  6.  Indians  residing  within  this  Commonwealth 
shall,  as  citizens  thereof,  have  all  the  rights,  privileges 
and  immunities,  and  be  subject  to  all  the  duties  and  lia- 
bilities, to  which  all  other  citizens  of  the  Commonwealth 
are  entitled  and  subject. 

Section  7.  No  person  entitled  to  vote  at  a  state  elec- 
tion shall,  upon  the  day  of  any  such  election,  be  employed 
in  any  manufacturing,  mechanical  or  mercantile  establish- 
ment, except  such  establishment  as  may  lawfully  conduct 
its  business  on  Sunday,  during  the  period  of  two  hours 
after  the  opening  of  the  polls  in  the  voting  precinct  or 
town  in  which  he  is  entitled  to  vote,  if  he  shall  make 
application  for  leave  of  absence  during  such  period. 

Section  8.  Assessors,  registrars  of  voters,  city  and 
town  clerks  and  other  officers,  who  are  required  by  law  to 
post  lists  and  notices  relating  to  elections,  shall  post  all 
such  lists  and  notices  at  or  as  near  as  may  be  to  the  places 
in  which  voting  lists  are  required  to  be  posted  by  the  pro- 
visions of  section  sixty-four  of  this  act. 

Section  9.  No  common  victualler  having  a  license  of 
the  first,  second  or  third  class  mentioned  in  section  ten 
of  chapter  one  hundred  of  the  Public  Statutes,  for  the  sale 
of  intoxicating  liquors  under  the  provisions  of  said  chap- 
ter, and  no  person,  other  than  a  wholesale  druggist,  having 
a  license  therefor  of  the  fourth  or  fifth  class  mentioned 
in  said  section  ten,  shall  sell,  give  away  or  deliver  on  the 
licensed  premises  any  such  liquors  on  the  day  on  which 
a  state,  city  or  annual  town  election  is  held  in  the  city 
or  town  in  which    such  premises    are    situated ;    and  no 


Acts,  1893.  — Chap.  417.  1155 

innkeeper  liavinir  a  license  for  the  sale  of  intoxicating 
liquors  as  aforesaid  shall,  on  the  day  of  any  such  election, 
sell,  give  away  or  deliver  in  his  inn  any  such  liquors  to 
other  than  guests  duly  registered  therein  ;  except  that  this 
section  shall  not  apply,  in  case  of  an  election  held  in  a 
city  on  a  day  other  than  that  of  the  annual  city  election 
therein,  to  wards  in  which  no  election  is  held. 

Sectiox  10.  In  any  criminal  prosecution  for  the  viola-  c.^ucub,  etc.,  to 
tion  of  any  law  relating  to  caucuses  or  elections,  if  the  lari.icriniinai 
defendant  relies  upon  the  invalidity,  irregularity  or  in-  i8<jo7393!"§h" 
formality  of  any  caucus  or  election,  or  upon  the  failure  or 
neglect  of  any  officer  or  person  to  do  or  perform  any  act 
or  thing  whatsoever  in  relation  to  any  caucus  or  election, 
or  matters  or  things  pertaining  thereto,  he  shall  prove 
such  invalidity,  irregularity,  informality,  failure  or  neg- 
lect ;  and  until  such  proof  by  such  defendant,  the  pre- 
sumption shall  be  that  such  caucus  or  election  was  valid 
and  regular ;  and  that  such  officer  or  person  acted  as  pre- 
scribed by  law ;  and  the  testimony  of  the  clerk  of  the  city 
or  town,  wherein  it  is  alleged  that  such  election  was 
held,  or  of  the  ]:)residing  officer  or  secretary  of  such  caucus, 
that  such  election  or  caucus  was  actually  held,  shall  be 
prima  facie  evidence  that  the  same  was  regularly  and  duly 
held  ;  but  nothing  in  this  section  shall  preclude  proof  of 
the  validity  or  regularity  of  such  caucus  or  election  iu 
any  other  legal  manner. 

Sectiox  11 .     In  any  criminal  prosecution  for  the  viola-  Registration, 
tion  of  any  law  in  reference  to  the  registration,  qualitica-  deemed  nguiar 
tion  or  assessment  of  voters,  or  iu  reference  to  voting  lists  Jlrose^Iuolis. 
or  ballots,  if  the  defendant  relies  upon  the  invalidity,  info r-  isao,  393,  §2. 
mality  or  irregularity  of  such  registration,  qualification  or 
assessment,  or  of  such  voting  lists  or  ballots,  or  matters 
or   things    pertaining    thereto,  he    shall    prove    such  in- 
validity, irregularity  or  informality ;  and  until  such  proof 
by  such   defendant,  the  presumption  shall  be  that  such 
registration,    qualification  or  assessment,   or  voting  lists 
or  ballots,  are  valid  and  regular,  and  in  accordance  with 
law ;  but  nothing  in  this  section  shall  preclude  proof  of 
the  validity,  regularity  or  formality  of  such  registration, 
qualification  or  assessment  of  voters,  or  of  such  voting 
lists  or  ballots,  or  matters  or  things  pertaining  thereto,  in 
any  other  legal  manner. 

Section  12.     The  in-o visions  of  this  act,  so  far  as  they  now  act  is  to 

i       .  .      ,  1      n     1  ^     he  consiiued. 

are  the  same  as  those  ot    existnig  statutes,  shall  be  con- 


1156 


Acts,  1893.  —  Chap.  417. 


Repeal  not  to 

a£fe?t,  etc. 
1890,423,  §227. 


strued  as  a  continuation  of  such  statutes,  and  not  as  new 
enactments ;  and  the  repeal  by  this  act  of  any  provision 
of  law  shall  not  afi'ect  any  act  done,  liability  incurred,  or 
any  right  accrued  and  established,  or  any  suit  or  prosecu- 
tion, civil  or  criminal,  pending  or  to  be  instituted  to 
enforce  any  right  or  penalty  or  punish  any  oflence  under 
the  authority  of  the  repealed  statutes. 


Qualifications, 
ot  male  voters. 
1892,  301,  §2. 


Boldier,  etc  , 
receiving  aid. 
1892,  3oi,  §e. 


removal  of 
residence. 
1892,  3ol,  §4. 


TITLE   II. 
1.      QUALIFICATIOXS    OF    VOTERS. 

Section  13.  Every  male  citizen  of  twenty-one  years  of 
age  or  upwards,  not  being  a  pauper  or  person  under  guar- 
dianship, who  is  able  to  read  the  constitution  of  the  Com- 
monwealth in  the  English  language  and  write  his  name, 
and  who  has  resided  within  the  Commonwealth  one  year 
and  within  the  city  or  town  in  which  he  claims  a  right  to 
vote,  six  calendar  months  next  preceding  a  state,  city  or 
town  election,  may  have  his  name  entered  upon  the  list 
of  voters  in  such  city  or  town,  and  shall  have  the  right  to 
vote  therein  in  any  such  election,  or  in  any  meeting  held 
for  the  transaction  of  town  affairs,  upon  complying  with  the 
retjuirements  hereinafter  set  forth  ;  and,  except  as  above 
provided,  no  male  person  shall  have  his  name  entered  upon 
the  list  of  voters,  or  have  the  right  to  vote,  except  that  no 
person  who  is  prevented  from  reading  or  writing  as  afore- 
said l)y  a  physical  disaljility,  or  who  had  the  right  to  vote 
on  the  first  day  of  May  in  the  year  eighteen  hundred 
and  fifty-seven,  shall,  if  otherwise  qualified,  be  de- 
prived of  the  right  to  vote  by  reason  of  not  being  able 
so  to  read  or  write  ;  and  no  person  having  served  in  the 
army  or  navy  of  the  United  States  in  the  time  of  war, 
and  having  been  honorably  discharged  from  such  ser- 
vice, if  otherwise  qualified  to  vote,  shall  be  disqualified 
therefor  on  account  of  receiving  or  having  received  aid 
from  any  city  or  town ;  and  further,  no  person,  otherwise 
qualified  to  vote  for  national  or  state  officers,  shall,  by 
reason  of  a  change  of  residence  within  the  Common- 
wealth, be  distiualified  from  voting  for  such  officers  in 
the  city  or  town  from  which  he  has  removed  his  residence, 
until  the  expiration  of  six  calendar  months  from  the  time 
of  such  removal. 


Acts,  1893.^CiiAr.  417.  1157 

Section  14.  Eveiy  female  citizen  of  twenty-one  years  Qualifications  ot 
of  age  or  upwards,  not  being  a  pauper  or  person  under  eii™* '^  ^°'^"' 
guardianship,  wlio  is  able  to  read  the  constitution  of  the  1^^2,351,  §3. 
Connnouwealth  in  the  English  language  and  to  write  her 
name,  and  who  has  resided  within  the  Commonwealth  ono 
year  and  within  the  city  or  town  in  which  she  claims  a 
right  to  vote  six  calendar  mouths  next  preceding  an  election 
for  school  committee,  may  have  her  name  entered  upon 
the  list  of  voters  for  school-  committee  in  such  city  or 
town,  and  shall  have  the  right  to  vote  therein  in  every 
such  election  for  members  of  the  school  committee,  upon 
complying  with  the  requirements  hereinafter  set  forth ; 
and,  except  as  aforesaid,  no  female  person  shall  have  her 
name  entered  upon  the  list  of  voters  or  have  the  right 
or  be  allowed  to  vote,  except  that  no  female  person  who  is 
prevented  from  reading  or  writing  as  aforesaid  by  a  phys- 
ical disability  shall,  if  otherwise  qualified,  ])e  deprived 
of  the  right  to  vote  by  reason  of  not  being  able  so  to  read 
or  write. 

Section  15.     A  person  qualified  to  vote  In  a  city  or  piace  of  regis. 
town,  which  is  divided  into  wards  or  voting  precincts,  shall  vmVng.^"'' 
be  registered  and  be  entitled  to  vote  in  the  ward  or  votino:  ^^'^''  ^^^'  ^^' 
precinct  in  which  he  resided  on  the  first  day  of  May  pre- 
ceding the  election,  or,  if  he  first  became  an  inhabitant 
of  such  city  or  town  after  such  first  day  of  ]May,  in  the 
ward  or  voting  precinct  in  which  he  first  thereafter  became 
a  resident. 

2.     Assessment  of  Poll  Taxes  and  Lists  of  Peesons 

Assessed. 

Section  16.     The  assessors,  by  one  or  more  of  their  Assessors,  to 
number,   or  ])y  one  or  more  assistant  assessors,  shall,  in  ITJl-sonretcl 
the  month  of  May  or  June  in  each  year,  visit  every  build-  ^^emedaio\Ha:i. 
ing  in  their  respective  cities  and  towns,  and,  after  diligent  ^^^-'  ^^^^  §'• 
inquiry,  make  true  lists  containing,  as  near  as  they  can 
ascertain    the  same,  the  name,  age,  occupation  and  resi- 
dence, on  the  first  day  of  May  in  the  cuiTeut  year,  and  the 
residence  on  the  first  day  of  May  in  the  preceding  year, 
of   every  male   person  twenty  years  of  age  or  upwards, 
residing  in  their  respective  cities  and  towns,  liable  to  be 
assessed   for  a  poll  tax:    and  shall  receive  the  request  of     t"  feceive  re- 

i  '  1  quests  01  women 

every  woman  twenty-one  years  of  age  or  upwards,  resid-  f^r  registration. 
ing  in  their  respective  cities  and  towns  on  the  first  day  of 
May  in  the  current  year,  who,  in  a  writing  signed  by  her. 


1158 


Acts,  1893.  — Chap.  417. 


Assessors,  to 
correct  errors, 
etc. 


to  preserve 
papers  for 
two  years. 


to  furnish 
ref  islrars  and 
collectors  lists, 
notices,  etc. 
1892,  351,  §S. 


Assessors,  col- 
lectors, etc.,  to 
furnish  informa- 
tion. 


Assessors,  of 
cities  and  cer- 
tain  towns  to 
nialie,  etc., 
street  li^ts  of 
assessed  polls. 
1892,  351,  §9. 


of  certain 
towns  to 
post  lists  of 
assessed  polls. 


Form  and  con- 
tents of  street 
lists. 
1892,  351,  §10. 


requests  that  her  name  be  transmitted  to  the  registrars  of 
voters  for  the  purpose  of  registration. 

The  assessors  shall,  upon  the  personal  application  of  an 
assessed  person  for  the  correction  of  any  error  in  their 
original  lists,  and  whenever  informed  of  the  existence  of 
any  such  error,  make  due  investigation,  and,  upon  proof 
of  error,  correct  the  same  on  their  books.  They  shall 
cause  to  be  preserved  for  the  space  of  two  years  all  appli- 
cations, certiticates  and  affidavits  received  by  them  under 
this  section. 

Section  17.  The  assessors  in  each  city  and  town  shall 
promptly,  from  time  to  time,  and  before  the  fifteenth  day 
of  July  in  each  year,  transmit  to  the  registrars  of  voters 
the  lists  made  as  provided  in  the  preceding  section,  or 
certified  copies  thereof,  and  shall  promptly  transmit  to  the 
registrars  and  to  the  collector  of  taxes  notice  of  every  addi- 
tion to  and  correction  in  the  lists  made  by  them ;  they 
shall  also  promptly  transmit  to  the  registrars  the  requests 
of  all  women  which  shall  have  been  received  by  them  as 
aforesaid ;  and  every  assessor,  assistant  assessor  and 
collector  of  taxes  shall  furnish  all  information  in  his 
possession  necessary  to  aid  the  registrars  in  the  discharge 
of  their  duties. 

Section  18.  The  assessors  of  cities  shall,  on  or  before 
the  fifteenth  day  of  July  in  each  year,  and  the  assessors  of 
towns  havino;  over  five  thousand  inhabitants  according  to 
the  last  state  or  national  census,  as  the  case  maybe,  shall, 
on  or  before  the  first  day  of  August  in  each  year,  pre- 
pare street  lists  containing  the  names  of  all  persons 
assessed  by  them  for  poll  taxes  for  the  current  year, 
which  lists  shall,  for  cities  and  for  towns  divided  into 
voting  precincts,  be  arranged  by  voting  precincts.  They 
shall  print  such  lists  in  pamphlet  form,  shall  deliver  to 
the  registrars  as  many  copies  thereof  as  the  registrars  may 
require,  and  shall  hold  the  remainder  of  the  copies  for 
public  distril)ution.  In  every  town  containing  less  than 
five  thousand  inhabitants  according  to  such  census,  the 
assessors  shall,  on  or  before  the  first  day  of  August  in  each 
year,  cause  jn-inted  or  written  lists  of  all  persons  assessed 
therein  for  poll  taxes  to  be  prepared  and  conspicuously 
posted  in  two  or  more  public  places  in  every  such  town. 

Section  19.  The  assessors,  in  the  preparation  ot  street 
lists  as  above  provided,  shall  name  or  designate  all  build- 
ings used  as  residences,  in  the  order  in  which  they  stand 


Acts,  1893.  — Chap.  417.  1159 

on  the  street  or  other  Avay  on  wbicli  they  arc  located,  shall 
give  the  numl^er  or  other  detiuite  description  of  each 
buildinir,  so  that  it  can  be  readil}'  identified,  and  shall 
place  opposite  or  under  each  number  or  other  description 
given  of  a  building,  the  name,  age  and  occupation  of 
every  person  residing  in  such  building  on  the  first  day  of 
May  of  the  current  year  and  assessed  for  a  poll  tax,  with 
his  residence  on  the  first  day  of  May  of  the  preceding  year. 

Section  20.     If  a  male  person,  who  has  not  been  pre-  AsscBsment.ofa 
viously  assessed  for  a  poll  tax    for  the   year  beginning  viousiyariei'Ied. 
with  the  preceding  first  day  of  May,  shall,  on  or  before  '^^^^'  ■*^^>  ^^^' 
the  day  fixed  by  law  for  the  close  of  registration  in  a  city 
or  town,  appear  in  person  and  prove  to  the  satisfaction 
of  the  assessors  that  he  was  on  such  preceding  first  day 
of  ^la}^  an   inha])itant  of  such  city  or  town,  and  liable 
to  pay  a  poll  tax  therein,  and  shall  under  oath  furnish  a 
true  list  of  his  polls  and  of  his  estate,  both  real  and  per- 
sonal, not  exempt  fi'om  taxation,  the  assessors  shall  there- 
upon assess  him  for  his  polls  and  estate,  and  shall  give 
him  a  certificate  of  such  assessment,  which  on  presentation 
to  the  registrars  of  voters  shall  be  taken  by  them  as  prima 
facie  evidence  of  the  facts  therein  stated. 

Sectiox  21.     The  assessors  of  a  city  or  town,  upon     of  a  person 
receipt  from  the  registrars  of  voters  of  notice  of  the  regis-  regutr'aTs. "*°^ 
tration  by  them  as  a  voter,  of  a  person  who  was  a  resident  ^^^''  ^''^'  ^"^* 
of  such  city  or  town  on  the  preceding  first  day  of  jNIay, 
but  who  was  not  assessed  therein  for  a  poll  tax,  shall 
forthwith  assess  such  person  for  his  polls  and  estate,  un- 
less he  is  by  law  exempt  from  assessment. 

Section  22.     All  assessments  made  in  accordance  with    subject  to  p. 
the  preceding  two  sections  shall   be  subject  to  the  pro\d-  lection.'  *  '^^ ' 
sions  of  section  seventy-three  of  chapter   eleven    of  the  ^^^^'  ^^^*  ^^®" 
Public  Statutes,  and  shall  be  entered  in  the  tax  list  of  the 
collector  of  taxes  of  the  city  or  town,  and  be  collected  by 
him  according  to  law. 

Section  23.     The  city  or  town  clerk  or  registrar  of  Names,  etc.,  of 
deaths  in  each  city  and  town  shall,  on  the  first  day  of  dt-ce^aserio  be* 
every  month,  and  also  two   days  before  every  election,  trars!"  "^'*" 
transmit  to  the  registrars  of  voters  a  list  of  the  names  of  ^^^->  "•^^>  ^^^' 
all  residents  of  such  city  or  town  of  twenty-one  years  of 
age  or  upwards,  who  have  deceased  within  the  preceding 
month,  or  since  the  date  of  the  list  previously  transmitted, 
together  with  a  statement  of  the  street  and  number  there- 
in, and  the  ward,  if  any,  in  which  such  person  resided  at 
the  date  of  his  death. 


1160 


Acts,  1893.  — Chap.  417. 


Registrars,  in 
certain  cities, 
appointment. 
1888,70;  1889, 
69;:S90,423,§19. 


term  of  office, 


citj'  clerk  to 
cease  to  be  a 
member. 


clerk. 


In  the  city 
of  Boston, 
appointment, 
terra  of  office. 
1874,  60,  §1. 


3.    Eegistrars  of  Voters. 

Section  24.  In  every  city  which  shall,  by  vote  of  the 
city  council  approved  by  the  mayor,  accept  the  provisions 
of  this  section,  and  in  every  city  which  has  accepted  the 
provisions  of  chapter  sixty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine  or  of  section  nineteen 
of  chapter  four  hundred  and  twenty-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety,  or  which  is  now 
subject  to  similar  provisions  of  law,  there  shall  be  a  board 
of  registrars  of  voters,  consisting  of  four  persons,  who 
shall  Ije  appointed  by  the  mayor  with  the  approval  of  the 
board  of  aldermen.  When  a  board  of  registrars  is  first 
appointed  in  a  city,  after  the  acceptance  of  the  provisions 
aforesaid,  two  registrars  shall  be  appointed  in  the  month 
of  March  or  April  next  succeeding  such  acceptance,  and 
for  terms  respectively  of  three  and  four  years,  beginning 
with  the  first  day  of  May  next  ensuing,  and  continuing 
until  their  respective  successors  are  appointed  and  quali- 
fied. The  city  clerk  of  such  city  shall  cease  to  be  a  mem- 
ber of  the  board  of  registrars  on  such  first  day  of  INIay, 
but  the  remaining  two  members  of  the  existing  board  of 
registrars  of  such  city  whose  terms  do  not  then  expire, 
shall  continue  to  hold  office  for  their  respective  terms  of 
one  and  two  years,  and  until  their  respective  successors 
are  appointed  and  qualified.  In  every  year  succeeding 
such  first  appointments  the  mayor  shall,  in  the  month  of 
March  or  April,  subject  to  the  approval  of  the  board  of 
aldermen,  appoint  one  person  to  be  a  registrar  of  voters 
for  the  term  of  four  years,  beginning  with  the  first  day  of 
May  then  next  ensuing,  and  until  his  successor  is  ap- 
l)ointed  and  qualified.  The  board  of  registrars  so  consti- 
tuted shall,  in  the  month  of  May  in  each  year,  before 
transacting  any  other  business,  elect  one  of  its  members 
as  clerk,  who  shall  perform  all  the  duties  required  by  law 
of  a  city  clerk  when  acting  as  clerk  of  the  board  of  regis- 
trars. 

Section  25.  There  shall  be  in  the  city  of  Boston  a 
board  of  registrars  of  voters,  consisting  of  three  persons, 
who  shall  lie  appointed  by  the  mayor,  subject  to  the  ap- 
proval of  the  board  of  aldermen.  The  members  of  the 
existing  ])oard  of  registrars  shall  continue  to  hold  ofiice 
during  their  respective  terms  of  seiwiee,  and  until  their 


Acts,  1893.  — Chap.  417.  1161 

rcspoctivo  siiccos-^ors  arc  appointed  ai\d  qualified;  and  in 
the  month  of  March  or  April  in  eacli  year  the  mayor  of 
said  city  shall,  subject  to  the  approval  of  the  board  of 
aldermen,  appoint  one  person  to  be  a  reiristrar  of  voters 
for  the  term  of  three  years,  bejj^inning  with  the  first  day 
of  May  in  the  year  of  his  a])p()intment,  and  until  his  suc- 
cessor is  appointed  and  qualified. 

Section'  26.  In  every  city,  except  the  city  of  Boston,  RegiMrars,  in 
to  which  the  provisions  of  section  twenty-four  shall  not  andtownsr^ 
apply,  and  in  every  town  which  shall  have  three  hun-  fj^rm  of  office. 
dred  registered  voters,  as  provided  in  the  following  section,  is^*^'  ^'^'•^<  S^^. 
there  shall  be  a  board  of  registrars  of  voters,  consisting  of 
the  cit3^or  town  clerk,  and,  in  addition,  three  persons  who 
shall,  in  a  city,  be  appointed  by  the  mayor,  subject  to  the 
approval  of  the  board  of  aldermen,  and,  in  a  town,  shall 
be  appointed  by  the  selectmen,  by  a  writing  signed  by 
them,  or  a  majority  of  them,  and  filed  with  the  town 
clerk.  When  a  board  of  registrars  is  first  appointed,  the 
registrars  shall  be  appointed  in  the  month  of  March  or 
April,  for  terms  respectively  of  one,  two  and  three  years, 
beginning  with  the  first  day  of  May  next  ensuing,  and 
continuing  until  their  respective  successors  are  appointed 
and  qualified.  In  the  month  of  March  or  April  in  every 
year  succeeding  the  original  appointment  of  a  board  of 
registrars,  as  aforesaid,  one  registrar  shall  be  appointed 
for  the  term  of  three  years,  begiiming  with  the  first  day 
of  May  next  ensuing,  and  until  his  successor  is  appointed 
and  qualified. 

Section  27.  In  every  town  having  less  than  three  inamaii 
hundred  registered  voters,  as  herein  provided,  the  select-  1890,423,  §5a. 
men  and  town  clerk  shall  constitute  a  board  of  registrars 
of  voters,  and  shall  perform  all  the  duties  and  be  subject  to 
all  the  liabilities  imposed  by  law  upon  registrars  of  voters. 
Whenever  in  any  such  town  there  shall  be  registered  for 
the  annual  state  election  three  hundred  voters,  a  board  of 
registrars  shall  in  the  succeeding  year  be  appointed,  as  pro- 
vided in  the  preceding  section ;  and  a  board  of  registrars 
of  voters,  having  been  once  so  appointed  in  a  town,  shall 
continue  to  perform  the  duties  of  registration  therein,  not- 
withstanding the  number  of  registered  voters  shall  in  any 
year  be  less  than  three  hundred,  except  that,  if,  for  three 
successive  years,  the  number  of  such  registered  voters 
shall  be  less  than  three  hundred,  then  on  the  first  day  of 
May  succeeding  the  annual  state  election  in  such  third 


1162 


Acts,  1893.  — Chap.  417. 


Registrars, 
political  repre- 
BenlatioD. 
1S90,  42:J,  §18; 
1891,  S95. 


balance  of 
political  parties 
to  be  preserved, 
1890,  423,  §21. 


vacancies. 
1890,  423,  §18. 


temporary 
vncancies. 
1890,423,  §19. 


year,  such  board  shall  cease  to  exist  and  the  duties  thereof 
shall  be  thereafter  iDerformed  by  the  selectmen  and  town 
clerk. 

Sectiox  28.  In  the  making  of  original  and  succeeding 
appointments  and  in  the  tilling  of  vacancies,  registrars  of 
voters  shall  be  so  appointed  that  the  members  of  every 
board  shall  equally,  or  as  equally  as  possible,  represent 
the  two  leading  political  parties  at  tlie  state  election  next 
preceding  such  appointments,  and  in  no  case  shall  an 
appointment  be  so  made  as  to  cause  a  board  to  comprise 
more  than  two  members,  including  the  city  or  town  clerk, 
of  the  same  political  party. 

Section  29.  Whenever,  upon  written  complaint  to  the 
mayor  of  a  city  or  to  the  selectmen  of  a  town,  and  after 
notice  and  hearing,  it  shall  appear  that  the  city  or  town 
clerk,  when  a  member  of  the  board  of  registrars,  and 
two  registrars,  other  than  the  one  whose  term  of  office 
next  expires,  are  of  the  same  political  party,  the 
mayor  or  selectmen,  as  the  case  may  be,  shall  remove 
from  office  the  one  of  such  two  registrars  having  the 
shorter  term  of  service.  "Whenever,  upon  written  com- 
plaint to  the  mayor  of  a  city  or  to  the  selectmen  of  a 
town,  and  after  notice  and  hearing,  it  shall  appear 
that  a  registrar  of  voters,  other  than  the  city  or  town 
clerk,  has  ceased  to  act  with  the  political  party  which  he 
was  appointed  to  represent,  the  mayor  or  selectmen,  as 
the  case  may  be,  shall  remove  such  registrar  from  office. 

Section  30.  In  case  of  a  vacancy  occurring  by  reason 
of  the  death,  resignation  or  removal  from  office  of  a 
registrar  appointed  as  provided  in  the  preceding  sections, 
the  mayor,  subject  to  a})proval  as  aforesaid,  or  the 
selectmen,  as  the  case  may  be,  shall,  in  the  manner 
above  provided,  appoint  a  person  as  aforesaid  to  sei-ve 
for  the  remainder  of  the  term  and  until  his  successor  is 
aj)pointed  and  qualified. 

Section  31.  Whenever  a  member  of  the  board  of 
registrars  shall  be  incapacitated  by  sickness  or  other  cause 
from  performing  the  duties  of  his  office,  or  shall,  at  the 
time  of  any  meeting  of  said  board,  be  absent  from  the 
city  or  town  in  which  he  is  appointed,  the  mayor  of  the 
city  or  the  selectmen  of  the  town  by  a  writing  signed  by 
them,  or  a  majority  of  them,  may,  upon  the  request  in 
writing  of  a  majority  of  the  remaining  members  of  the 
board  of  registrars,  appoint  some  person  to  fill  the  tempo- 


Acts,  1893.  — Chap.  417.  1163 

rary  v.acancy  caused  as  aforosaid.  The  person  so  appointed 
shall  1)0  of  the  same  political  party  as  the  member  of  the 
board  whose  i)Osition  he  is  appointed  temporarily  to  till. 
Such  tem})orary  registrar  shall ^  during  the  time  he  holds 
his  office,  perform  the  same  duties  and  be  subject  to  the 
same  recpiirements  and  penalties  as  are  now  provided  by 
law  for  a  registrar  of  voters. 

Sectiox  32.     The  registrars,  appointed  as  provided  in  RogistrarB, 
the  preceding  sections,  shall,  before  entering   upon  the  powers  huIT  ' 
duties  of  their  office,  each  take  and  subscribe  ^n  oath  p"Siou'."' 
faithfully  to  perform  the  same,  shall  perform  all  the  duties  i.^so. -lA  §§i8, 
in  relation  to  the  registration  of  voters  now  imposed  upon 
boards    of   registrars,  and  shall  receive  such  compensa- 
tion for  their  services  as  the  city  council  or  selectmen  may, 
from  time   to    time,    determine ;  but  such  compensation 
shall  not  l)e  regulated  by  the  number  of  names  registered 
on  any  list  of  voters,  and  any  reduction  of  compensation 
shall  take  effect  only  upon  such  registrars  as  are  appointed 
after  such  reduction.     The  city  council  or  selectmen  shall     office  room; 

•'  .  clerk. 

furnish  office  room  for  the  registrars,  and  such  aid  as  may 
be  needed  by  them.  The  city  or  town  clerk,  when  a  mem- 
ber of  a  board  of  registrars,  shall  act  as  clerk  of  the  l)oard, 
shall  keep  a  full  and  accurate  record  of  its  proceedings, 
and  shall  cause  such  notices  as  the  registrars  may  require 
to  l)e  properly  served  or  posted. 

Section  33.     The  registrars  of  voters  in  the  city  of  Assistant  regis. 
Boston  shall,  between  the  first  day  of  May  and  the  first  m'ent',  term  of 

1  {}  r\    j^    -\  •  1  'J  •    j_       ^  'J.  c    office,  iioliiical 

day  ot  (Jctober  in  each  year,  appomt  assistant  registrars  of  representation. 
voters,  not  exceeding  four  for  each  ward,  who  shall  hold  ^^'^9»  2"^''>  S^- 
office  for  the  term  of  one  year  beginning  with  the  first  day 
of  Octol)er,  unless  sooner  discharged  by  the  registrars. 
The  city  council  of  any  city,  other  than  the  city  of  Boston, 
may  provide  for  the  appointment  in  like  manner  of  two  or 
more  assistant  registrars  in  such  city.  In  the  making  of 
appointments  both  for  the  full  term  and  in  the  filling  of 
vacancies  the  registrars  shall  so  appoint  assistant  registrars 
that  they  shall  represent  so  far  as  possible  the  difi'erent 
political  parties. 

Section  34.     The  registrars  of  voters  in  the  city  of     sessions, 
Boston,  and  in  any  other  city  which  shall  provide   for  the  isu,  eo,  §§-',  9;" 
appointment  of  assistant  registrars ,  may  cause  any  of  the       >  ^  >  §§'  •  • 
duties  devolving  upon  a  single  registrar  under  the  various 
sections  of  this  title  to  be  performed  by  one  or  two  assist- 
ant  registrars,    and   they   may   designate   two   assistant 


1164: 


Acts,  1893.  — Chap.  417. 


Assistant 
re^stnirs, 
regulations,  etc. 


oath  of  ofBce, 
compenBation, 
removal,  etc. 


Reeistrars  and 
assistant  regis- 
trars to  be  quail 
fied  voters,  not 
to  hold  other 
oflBces,  etc. 
1889,337,  §3; 
1890,423,  §§18, 
19. 


registrars  to  hold  such  sessions  as  are  by  law  required  to 
be  held  outside  of  the  principal  office  of  the  registrars ; 
and  in  such  case  they  shall,  so  far  as  possible,  designate, 
for  such  duty  assistant  registrars  of  different  political 
parties.  The  registrars  shall  make  such  regulations  for 
the  ofov^ernmcnt  of  the  assistant  resfistrars  in  accordance 
with  the  provisions  of  law  as  they  may  deem  necessary ; 
but  in  the  performance  of  such  duties  every  assistant  reg- 
istrar shall  l:>e  subject  to  the  same  obligations  and  penal- 
ties as  the  registrar  in  the  like  case.  All  doings  of 
assistant  registrars  shall  be  subject  to  the  revision  and 
acceptance  of  the  registrars.  Assistant  registrars  shall 
each  be  sworn  to  the  faithful  discharge  of  his  duties  by  a 
registrar,  and  they  shall  receive  such  compensation  for 
their  services  as  the  city  council  shall  determine,  but  such 
compensation  shall  not  be  regulated  by  the  number  of 
names  registered  upon  any  list  of  voters.  Eegistrars 
may  remove  any  assistant  registrar,  and  may  fill  any 
vacancy  occurring  in  the  number  of  assistant  registrars  for 
the  remainder  of  a  term. 

Sectiox  35.  No  person  shall  be  appointed  a  regis- 
trar of  voters  or  an  assistant  registrar  of  voters,  who  is 
not  a  qualified  voter  of  the  city  or  town  for  which  he  is 
appointed,  and  no  person  shall  be  so  appointed  who  holds 
an  office  by  election  or  appointment  under  the  government 
of  the  United  States  or,  except  as  a  justice  of  the  peace  or 
an  officer  of  the  state  militia,  of  the  Commonwealth,  or 
who  holds  an  office  in  the  city  or  town  for  which  he  is 
appointed  either  by  election  or  by  direct  appointment  of 
the  mayor  of  the  city  or  of  the  selectmen  of  the  town. 
The  acceptance  by  a  registrar  or  assistant  registrar  of  an 
office  which  he  is  so  prohibited  from  holding,  shall  be 
taken  to  be  a  resignation  of  his  office  as  registrar  or  assist- 
aat  registrar. 


Registration, 
qunrters. 
1892,  o51,  §14. 


seBsions  in 
cities. 
1892,  351,  §15. 


4.     Registration  of  Voters. 

Section  36.  Every  city  and  town  shall  provide  the 
registrars  of  voters  with  suitable  quarters  in  which  to 
hold  sessions  for  the  purpose  of  determining  the  qualifi- 
cations of  persons  to  be  registered  as  voters. 

Section  37.  The  registrars  of  voters,  in  every  city, 
except  the  city  of  Boston,  shall  hold  such  day  and  such 
evening  sessions  as  the  city  may  hy  ordinance  prescribe, 
and  such  other  sessions  as  they  shall  themselves  deem 


Acts,  1803.  — Chap.  417.  1165 

necessary  ;  and  they  shall  in  every  year  hold  a  continuous 
session  from  twelve  o'clock,  noon,  until  ten  o'clock  in  the 
eveninij:  on  the  Saturday  next  l)ut  one  preceding  the  annual 
state  election,  and  a  like  continuous  session  on  tlie  Satur- 
day next  but  one  preceding  the  annual  city  election  in 
every  such  city. 

The  reiristrars  of  voters  in  the  city  of  Boston  shall  hold  Registration, 
such  day  sessions  as  the  said  city  may  by  ordinance  pre-  Boston. 
scribe,  and  such  additional  sessions  as  they  shall  them-  "'"  ' 
selves  deem  necessary  ;  and  they  shall,  in  any  event,  hold 
in  or  near  each  ward  in  said  city  not  less  than  ten  evening 
sessions,  each  of  at  least  three  hours'  duration,  in  the 
period  beginning  with  the  second  day  of  September  and 
ending  with  the  Tuesday  next  but  one  preceding  the  an- 
nual state  election,  and  the  same  number  of  like  sessions 
in  the  period  succeeding  the  annual  state  election  and  end- 
ing with  the  Tuesday  next  but  one  preceding  the  annual 
city  election  in  said  city  ;  and  they  shall  hold  at  their  prin- 
cipal office  a  continuous  session,  from  nine  o'clock  in  the 
morning  until  ten  o'clock  in  the  evening,  on  the  Tuesday 
next  but  one  preceding  the  annual  state  election,  and  a  like 
continuous  session  on  the  Tuesday  next  but  one  preced- 
ing the  annual  city  election  in  said  city. 

Section  38.     The  registrars  in  every  town  divided  into    in  towns 
voting  precincts  shall  hold  such  sessions  as  the  town  may  votiDgprecincts. 
prescribe,  and  such  other  sessions  as  the  registrars  may       '  ^'^  '• 
themselves  deem  necessary ;  and  they  shall  in  every  year, 
not  more  than  twenty  days  before  the  annual  state  elec- 
tion,   and    also   not   more   than  twenty  days  before  the 
annual  town  meeting,  but  in  each  case  on  or  before  the 
last  day  fixed  for  registration,  hold  at  least  one  session  at 
some  suital)le  and  convenient  place  within  the  limits  of 
each  voting  precinct ;    and  they  shall  hold  a  continuous 
session  from  twelve  o'clock,  noon,  until  ten  o'clock  in  the 
evening  on  the  Wednesday  next   preceding  the  annual 
state  election,  and  also  on  the  Wednesday  next  preceding 
the  annual  town  meeting. 

Sectiox  31).      The  registrars  of  voters  in  every  town     in  towns  not 
not  divided  into  voting  precincts  shall  hold  such  sessions  voUaypJedncts. 
as  the  town  may  prescribe,  and  such  other  sessions  as  the  Igf '  ^^^'  ^^^^' 
registrars   may    themselves    deem   necessary ;    and    they 
shall  in  every  year,  not  more  than  twenty  days  before  the 
annual  state  election,  and  also  not  more  than  twenty  daj'S 
before  the  annual  town  meeting,  but  in  each  case  ou  or 


1166  Acts,  1893.  — Chap.  417. 

before  the  last  day  fixed  for  registration,  hold  sessions  in 
two  or  more  suitable  and  convenient  places  in  such  town ; 
and  they  shall  hold  a  continuous  session  from  twelve 
o'cloclv,  noon,  until  ten  o'clock  in  the  evening  on  the 
AVednesday  next  preceding  the  annual  state  election,  and 
also  on  the  Wednesday  next  preceding  the  annual  town 
meeting.  If  in  any  such  town  ten  or  more  voters  residing 
in  or  near  a  village  or  locality  which  is  distant  two  or 
more  miles  from  the  usual  place  of  registration  shall  file 
with  the  town  clerk,  not  less  than  eiighteen  days  before 
the  annual  state  election  or  the  annual  town  meeting,  a 
petition  stating  that  there  are  in  such  village  or  locality 
ten  citizens  at  least  who  are  entitled  and  desire  to  be 
reo^istered,  then  the  reiristrars  shall  hold  a  session  at  some 
suitable  and  convenient  place  in  such  A'illage  or  locality 
Ijefore  the  last  day  fixed  for  registration  in  such  town 
preceding  such  election  or  meeting. 
When  registra-       Sectiox  40.     In  evcry  city,  except  the  city  of  Boston, 

tion  shall  cease.  .  .  in  ,ii'  i  • 

1892, 351,  §§15-    registration  shall  cease  at  ten  o  clock  m  the  evening  on 

18  • 

the  Saturday  next  but  one  preceding  the  annual  state 
election,  and  shall  be  discontinued  from  that  date  until 
the  election  shall  have  been  held ;  and  registration 
shall  likewise  cease  at  ten  o'clock  in  the  evening  on  the 
Saturday  next  but  one  preceding  the  annual  city  election 
in  such  city,  and  be  discontinued  thenceforth  until  the 
election  shall  have  been  held.  In  the  city  of  Boston  the 
registration  shall  cease  at  ten  o'clock  in  the  evening 
on  the  Tuesday  next  but  one  preceding  the  annual  state 
election,  and  be  discontinued  from  that  date  until  the 
election  shall  have  been  held ;  and  registration  shall  like- 
wise cease  at  ten  o'clock  in  the  evening  on  the  Tuesday 
next  but  one  preceding  the  annual  city  election,  and  be  dis- 
continued thenceforth  until  the  election  shall  have  been 
held.  In  every  town  registration  shall  cease  at  ten  o'clock 
in  the  evening  on  the  Wednesday  next  preceding  the 
annual  state  election,  and  be  discontinued  from  that  date 
until  the  election  shall  have  been  held ;  and  registra- 
tion shall  likewise  cease  at  ten  o'clock  in  the  evening 
on  the  Wednesday  next  preceding  the  annual  town  meet- 
ing, and  be  discontinued  thenceforth  until  the  election 
shall  have  been  held. 
Registration  for       SECTION  41.     In  casc  ail  electloii  is  to  be  held  in  a  city 

specialelections.  i  i  i  i  i  /»     i 

1893, 209.  or  town  on  a  day  other  than  the  day  oi  the  annual  state, 

city  or  tow^u  election  therein,  the  registrars  of  voters  shall, 


Acts,  1893.  — CiiAr.  417.  11G7 

for  the  roirislration  of  voters  in  such  city  or  town,  liold  in 
some  suital)lc  and  convenient  })laco  therein,  a  continuous 
session  from  twelve  o'clock,  noon,  until  ten  o'clock  in  the 
evening,  on  the  fourth  day  preceding  such  election,  or  if 
such  day  would  fall  on  a  Sunday,  then  on  the  fifth  day 
preceding  such  election  ;  except  that  in  the  city  of  Boston 
such  session  shall  be  held  on  the  seventh  day  preceding 
the  election.  Registration  in  such  city  or  town  shall 
cease  at  ten  o'clock  in  the  evening  of  the  day  on  which 
such  session  is  held,  and  be  discontinued  therein  until  the 
election  shall  have  been  held. 

Section  42.     The  registrars  of  voters  shall  not,  after  ten  Kntcring  names 
o'clock  in  the  evening  of  a  day  on  which  registration  is  to  afleTdoh'e' of 
cease  as  provided  in  the  preceding  sections,  register  any  isi^^GOMio!"'' 
person  as  a  voter,  previous  to  the  next  succeeding  election, 
except  that  nothing  contained  herein  or  in  any  section  of 
this  title  shall  prevent  the  entering  upon  the  registers, 
after  such  time,  of  the  names  of  persons  whose  qualitica- 
tions    as   voters   have    been    already    examined,    or    the 
correction,  in  accordance  with  the  provisions  of  this  title, 
of  any  errors  or  omissions ;  but   the  registrars   shall  in 
every  case  require  the  vote  by  which  such  entry  or  correc- 
tion is  made  to  be  attested  by  their  clerk. 

Section  43.     The  registrars  of  voters  shall  prepare,  and  ^j^ons^'tor^^egfs- 
shall  post  or  publish  proper  notices,  in  which  they  shall  V^'"!'"?-',®'?; , 

1  1  1    1  n  t       t  f  1  1'  1S92,  3ol,  §14. 

state  the  places  and  hours  tor  holding  day  and  evening 
sessions,  and  last  sessions  preceding  an  election,  and 
shall  further  state  in  such  notices  that  after  ten  o'clock  in 
the  evening  of  the  last  day  fixed  for  registration  they  will 
not  before  the  election  add  any  name  to  the  registers  except 
the  names  of  voters  examined  as  to  their  qualifications 
since  the  preceding  thirtieth  day  of  April. 

Section  44.     The  registrars  of  voters  in  each  city  and  [^r^^^slrisi 
town  shall  keep  in  blank  books,  to  be  provided  for  the  §§11,22,23. 
purpose  and  to  be  known  as  general  registers,  records  of 
all  persons,  both  male  and  female,  applying  for  registra- 
tion, qualified  to  vote  in  the  city  or  town.     The  registrars     entries. 
shall  enter  in  the  general  register  the  name  of  every  such 
voter  written  in  full,  or  instead  thereof  the  surname  and 
first  Christian  name  or  that  name  by  which  he  is  generally 
known,  written  in  full,  and  the  initial  of  every  other  name 
which  he  may  have,  and  also  his  age,  place  of  birth,  resi- 
dence on  the  preceding  first  day  of   May,  or  at  the  time 
of  first  becoming  an  inhabitant  of  the  city  or  town  after 


1168 


Acts,  1893.  — Chap.  417. 


Voter  to  write 
his  nume  in 
register. 

Blank  books  to 
be  furnistied. 


the  first  day  of  May,  the  date  of  his  registration  and  his 
residence  at  such  date,  his  occupation  and  place  of  occu- 
pation, the  name  and  location  of  the  court  which  has 
issued  to  him  letters  of  naturalization  and  the  date  thereof, 
if  he  is  a  naturalized  citizen,  and  such  other  particulars  as 
may  be  necessary  fully  to  identify  him  as  a  voter ;  and 
the  registrars  shall  require  each  voter  to  write  his  name 
in  the  register. 

The  books  used  for  the  general  registers  shall  have  uni- 
form headings  in  substantially  the  following  form,  and 
blank  books  suitable  for  the  purpose  shall  be  furnished  1)y 
the  secretary  of  the  Commonwealth  at  cost  price  to  regis- 
trars applying  therefor. 


Form. 


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Annual  register. 
isy.',  351,  §12. 


entries,  ar- 
rangement, etc. 


Section  45.  The  registrars  of  voters  in  each  city  and 
town  shall,  after  the  first  day  of  May  in  every  year,  prepare 
an  annual  register  containing  the  names  of  all  qualified 
voters  in  such  city  or  town  for  the  current  year,  beginning 
with  such  first  day  of  May.  The  names  of  voters  in  the 
annual  register  shall  be  arranged  in  alphabetical  order,  and, 
opposite  the  name  of  each  voter,  his  residence  on  the  first 
day  of  May  preceding,  or  at  the  time  after  the  first  day  of 
May  ot  his  first  becoming  an  inhabitant  of  the  city  or  town. 
The  registrars  shall  enter  in  the  annual  register  every  name 
contained  in  the  lists  of  persons  assessed  a  poll  tax  for  the 
current  year  as  transmitted  to  them  by  the  assessors, 
giving  as  his  residence  on  the  first  day  of  jNIay  the  place 
at  which  he  was  assessed  a  poll  tax  ;  and  likewise  the  name 
and  residence,  as  aforesaid,  of  every  woman  whose  request 
for  registration  has  been  delivered  to  the  assessors,  and  by 
them  transmitted  to  the  registrars  in  accordance  with  the 
provisions  of  this  act :  pi'ovided,  however,  in  every  case  the 
registrars  are  able  to  identify  the  name  so  transmitted  to 
them  as  that  of  a  man  or  woman  whose  name  was  borne 


Acts,  1893.  — Chap.  417.  11G9 

on  the  voting  list  of  such  city  or  town  at  the  last  preccd- 
iuo:  election  or  town  meetinir.     The  reijistrars  shall  make 
all  necessary  intjuiries  and  investigations  ni  order  to  com- 
plete every  such  identilication,  and  they  shall  not  enter  in 
the  annual  register  the  name  of  a  person  objected  to  hy  any 
one  of   the    registrars    until  such  person  has  been  duly 
notified,  and  given  an  opportunity  to  be  heard  before  the 
registrars.     The  registrars   shall  also   forthwith  enter  in  Registrars  to 
the  current  annual  register  the  name  of  every  other  per-  investigations,' 
son,  whose  qualifications  as  a  voter  have  been  determined  '^^^' 
by  them  in  the  current  year,  and  whose  name  has  accord- 
ingly been  entered  in  the  general  register. 

Section  46.     Every  person,   whether  male  or  female,  Registration, 
whose    name  has   not  been  entered  in  the  annual  register  c"ion°whc5'if  *" 
in  accordance  with  the  provisions  of  the  preceding  sec-  anlTuVi^eg^sler. 
tion  must,  in  order  to  be  registered  as  a  voter  in  a  city  1892, 351,  §13. 
or  town  and  vote  therein,  make  application  in  person  to  a 
registrar  at  a  place  appointed  for  registration,  and  prove 
that  he  possesses  the  qualifications  of  a  voter  in  such  city 
or  town. 

Section  47.     Any  registrar  of  voters  may,  in  a  place     any  registrar 
appointed  for  registration,  during  the  hours  designated  for  ",7iioant^!Tic. 
the  purpose,  on  any  day,  except  days  on  which  registration  i«y2, 351.  §20. 
is  discontinued  by  law,  receive  applications  for  registra- 
tion and  examine  under  oath   applicants  and  witnesses, 
but  all  doings  of  a  single  registrar  shall  be  subject  to  the 
revision  and  acceptance  of  the  registrars. 

Section  48.     If  an  applicant's  qualifications  have  not    examination, 

etc     wlion 

been  determined  by  the  registrars  within  the  four  years  next  quaiiticaiions 
preceding  his  application,  the  registrar,  in  making  the  ex-  detcTmhied^" 
amination,    shall   examine    the   applicant  under  oath   in  yl^^'^/^u!' 
regard  to  his  qualifications,  shall,  unless  the  applicant  is  i892, 351,  §22. 
prevented  by  physical  disability  from  so  doing,  or  unless 
he  had  the  right  to  vote  on  the  first  day  of  May  in  the 
year  eighto^en  hundred  and  fifty-seven,  require  him  to  read, 
in  such  manner  as  to  show  that  he  is  neither  prompted  nor 
reciting  from  memory,  at  least  three  lines,  other  than  the 
title,  from  an   official   edition  of  the  constitution  of  the 
Commonwealth,  and  shall  require  him  to  write  his  name 
in  the  general  register,  as  required  by  section  forty-four 
of  this  act. 

Section  49.  If  an  applicant  for  registration  presents  evidence  of 
a  certificate  from  the  assessors  or  a  tax  bill  or  notice  from  i892,35ir§2i. 
the  collector  of  taxes,  showing  that  he  has  been  assessed 


1170 


Acts,  1893.  — Chap.  417. 


Registration,  of 
naturalized 
citizen,  etc. 
1892,  351,  §23. 


of  minor. 
1892,  351,  §24. 


applicant  to 
be  uotitied  of 
rejeciijn,  etc. 
1892,  351,  §25. 


Revision  and 
correction  of 
reaisters. 
1892,  351,  §26. 


for  a  poll  tax  as  a  resident  of  the  city  or  town  on  the  pre- 
ceclino-  first  day  of  May,  the  same  shall  be  received  by  a 
registrar  as  prima  facie  evidence  of  such  residence,  but 
incase  the  applicant  shall  fail  to  present  such  certificate, 
bill  or  notice,  he  shall  be  required  to  satisfy  the  registrars 
that  he  has  a  residence  in  such  city  or  town  as  required 
by  law. 

Sectiox  50.  If  an  applicant  for  registration  is  a  natural- 
ized citizen,  the  registrar  shall  require  him  to  produce  for 
inspection  his  papers  of  naturalization,  and  to  make  oath 
that  he  is  the  identical  person  named  therein,  and  shall,  if 
satisfied  that  the  applicant  has  been  legally  naturalized, 
make  upon  his  papers  a  memorandum  of  the  date  of  such 
inspection.  The  registrar  shall  not  l^e  obliged  to  require 
the  production  of  papers  of  naturalization  which  have  once 
been  examined,  and  of  which  record  has  been  made  in  the 
general  register,  as  required  by  the  provisions  of  this 
title. 

Section  51.  If  the  registrars  are  satisfied  upon  exami- 
nation that  an  applicant  for  registration  possesses  all  the 
qualifications  of  a  voter,  except  that  of  age,  and  will  on  or 
before  the  day  of  the  next  election  or  town  meeting,  attain 
the  required  age,  they  shall  place  the  name  of  the  appli- 
cant upon  the  registers  for  registration. 

Section  52.  In  case  the  registrars  of  voters  shall  de- 
cline to  register  the  name  of  any  person  examined  for  regis- 
tration, and  reported  to  them  therefor  by  any  registrar, 
they  shall  notify  such  person  of  their  declining  so  to 
register  his  name,  and  give  him  a  reasonable  opportu- 
nity to  be  heard  by  them  upon  his  application.  The  reg- 
istrars shall  likewise  in  case  of  rejection  of  an  applicant 
who  appears  before  them  inform  him  of  such  rejection. 

Section  53.  The  registrars  of  voters  shall,  from  time 
to  time,  revise  and  correct  the  general  register  and  the 
current  annual  register  in  accordance  with  any  facts  which 
may  be  presented  to  them,  and  they  shall  strike  therefrom 
the  name  of  every  deceased  person  which  has  been  trans- 
mitted to  them  by  the  city  or  town  clerk  or  the  registrar 
of  deaths  in  accordance  with  the  provisions  of  section 
twenty-three  of  this  title ;  but  after  the  name  of  a  voter 
has  been  placed  upon  the  current  annual  register,  they 
shall  not  strike  it  therefrom  or  change  the  place  of 
residence  as  given  thereon,  unless  the  A^oter  has  deceased, 
or   until   they  have   sent  a   notification  to  him  of  their 


Acts,  1803.  — Chap.  417.  1171 

intention  so  to  do,  offering  him  an  opportunity  to  be 
heard  in  the  matter. 

Sectiox  ")4.     If  a  complaint  in  writins;  under  oath  shall  illegal  or  incor- 

1  ~     ,  .  rectregiBtration. 

be  made,  in  a  city  seven  days  at  least,  or  in  a  town  four  i892, 351,  §§27, 
days  at  least,  before  an  election  or  town  meeting,  to  the 
registrars  by  a  registered  voter,  stating  that  he  has  reason 
to  believe  and  does  believe  that  a  certain  person  by  him 
therein  named  has  been  illegally  or  incorrectly  registered, 
and  setting  forth  the  reasons  for  such  belief,  the  registrars 
shall  examine  into  such  complaint,  and,  if  satisfied  that 
there  is  sufficient  ground  therefor,  shall  summon  the  person 
complained  of  to  appear  before  them  at  a  certain  place  and 
time,  before  the  next  election  or  town  meeting,  to  answer 
to  the  matters  set  forth  in  the  complaint ;  and  the  substance 
of  the  complaint  and  a  copy  of  this  and  the  following 
section  shall  be  set  forth  in  the  summons.     Service  of     seniceof 

/r>  T,^     1  Bummons,  etc. 

the  summons  shall  be  made,  by  an  officer  qualified  to  serve 
civil  or  criminal  process,  not  more  than  fourteen  days  nor 
less  than  twenty-four  hours  before  the  day  named  for 
appearance,  by  the  delivery  of  a  copy  of  the  summons  to 
the  person  therein  summoned,  or  by  the  leaving  of  such 
copy  at  his  last  and  usual  place  of  abode  known  to.  the 
officer ;  and  the  officer  shall  return  the  summons  to  the 
registrars  before  the  day  named  for  appearance,  with  a 
certificate  of  his  doings  endorsed  thereon. 

Section    55.     When  a  person  summoned   before  the     examination, 
registrars  of  voters  to  answer  a  complaint  made  in  accord-  regVat^TroV" 
ance  with  the  preceding  section,  appears  before  them,  they  nam"."^"^ 
shall  examine  him  under  oath,  and   shall  receive   other  ^*^-'  ^^^'  §-^- 
evidence  which  may  be  offered  in  regard  to  the  matters 
set   forth    in   the   complaint;    and,    if  satisfied   that   the 
person  is  properly  registered  as  a  qualified  voter,  they 
shall  enter  in  the  register  a  statement  of  their  determina- 
tion upon  the  facts  required  f  )r  registration  ;  if,  however, 
the  registrars  are  satisfied  that  the  person  so  appearing 
is  not  a  qualified  voter  in  the  city  or  town,  or  if  a  person 
duly  summoned  in  the  manner  aforesaid  shall  fail  to  ap- 
pear as  directed  in  the  summons,  without  sufficient  cause 
for  his  failure  being  shown,  they  shall  strike  his  name 
from  the  register. 

Section  56.     The  registrars  of  voters  shall  promptly  Notices  to 
transmit   to  the  assessors  of  the  cit}'  or   town  notice  of  1392, 35i,'§26. 
every  eiTor  which  they  shall  discover  in  the  name  or  resi- 
dence of  a  person  assessed   therein,  and  they  shall  also 


1172 


Acts,  1893.  — Chap.  417. 


Registrars, 
sessions  and 
records  open 
to  public,  etc. 
1892,  351,  §§U, 
22. 


to  preserve 
documents  for 
two  years. 
1892,  351,  §14. 


authorized  to 
maintain  order, 
etc. 
1892,  351,  §20. 


Police  officers 
at  meetings. 
1892,  351,  §40. 


Supervisors  of 
registration. 
1892,  351,  §38. 


promptly  transmit  to  the  assessors  the  name  and  residence 
of  every  male  person  who  shall,  for  the  purpose  of  regis- 
tration, prove  that  he  was  a  resident  of  the  city  or  town 
on  the  preceding  first  day  of  May,  but  whose  name  does 
not  appear  in  the  list  of  persons  assessed  for  a  poll  tax 
transmitted  to  them  by  the  assessors. 

Sectiox  57.  The  registrars  of  voters  shall,  in  the  per- 
formance of  their  duties,  act  in  open  session,  and  not 
secretly.  They  shall  in  every  case  announce  the  name  of 
an  applicant  for  registration  in  a  clear,  audible  and  dis- 
tinct tone  of  voice,  before  entering  his  name  on  the  gen- 
eral register  of  voters.  They  shall  keep  all  their  records 
open  at  suital:)le  times  to  puljlic  inspection. 

Section  58.  The  registrars  of  voters  shall  cause  all 
written  complaints  and  certificates  received  by  them 
under  the  provisions  of  the  various  sections  of  this  title, 
and  all  other  documents  in  their  custody  relating  to  reg- 
istration, to  be  preserved  for  a  period  of  two  years  after 
the  respective  dates  thereof. 

Section  59.  Every  registrar  shall  have  authority  to 
enforce  regularity  in  all  proceedings  had  before  him,  and 
to  maintain  order  at  and  about  the  place  where  a  session 
is  held,  or  applications  for  registration  are  received,  and 
to  keep  the  access  thereto  open  and  unobstructed. 

Section  60.  The  board  or  officer  in  charge  of  the  police 
force  of  a  city  or  town  shall,  when  requested  so  to  do  by 
the  registrars  of  voters,  detail  a  sufficient  number  of 
police  officers  to  attend  any  meeting  held  by  a  registrar 
in  the  performance  of  his  duties,  and  to  preserve  order 
and  enforce  the  directions  of  the  registrar. 

Section  61.  The  governor,  with  the  consent  of  the 
council,  shall,  on  the  petition  of  not  less  than  ten  quali- 
fied voters  of  a  city  or  town,  appoint  two  supervisors 
of  registration,  for  each  place  of  registration  in  such 
city  or  town  named  in  the  petition.  The  two  super- 
visors for  each  place  of  registration  shall  be  appointed, 
one  fi'om  each  of  the  two  leading  political  parties,  to  serve 
for  the  term  of  one  year  from  the  date  of  their  appoint- 
ment. The  supervisors  shall  attend  all  sessions  or  meet- 
ings for  registration  held  at  the  places  for  which  they  are 
appointed,  and  either  of  them  may  attach  to  any  book  or 
papers  there  used  for  purposes  of  registration,  any  state- 
ment touching  the  truth  or  fiiirness  of  the  proceedings, 
which  he  may  deem  proper,  and  may  add  thereto  his  sig- 
nature or  other  marks  for  the  purpose  of  identification. 


Acts,  1893.  — Chap.  417.  1173 


5.     Voting  Lists. 
Section  Q'2.     The  resfistrars  of  voters  in  each  city  and  voting  nets, 

O  1    •  1  1  '  contentB,  ar- 

town  shall,  from  the  names  entered  in  the  annual  register  rangement,  etc. 
of  voters,  prepare  voting  lists  for  use  at  the  several  elec- 
tions to  be  held  therein.  In  such  voting  lists  they  shall 
place  in  alphabetical  order  the  names  of  all  voters  entered 
on  the  annual  register,  and  they  shall  place  opposite  the 
name  of  each  voter  his  residence  on  the  preceding  first 
day  of  May,  or  at  the  time  of  his  becoming  an  inhabitant 
of  such  city  or  town  after  the  first  day  of  May ;  and  they 
shall  place  the  names  of  women  entered  as  voters  in  sep- 
arate columns  or  lists.  In  cities  they  shall  prepare  such 
voting  lists  by  wards,  and  if  a  ward  of  a  city  or  a  town 
is  divided  into  voting  precincts,  they  shall  prepare  the 
same  by  precincts,  and  shall  place  upon  the  lists  for  each 
ward  or  precinct,  as  the  case  may  be,  the  names  of  all 
voters  having  therein  a  residence  as  above  provided.  They 
shall  place  upon  the  voting  lists  no  names  not  entered  in 
the  annual  register. 

Section  63.     The  registrars  of  voters  shall,  at  the  end  ,  names  of  cer- 

~  '  tain  voters  at 

of  the  voting  lists  of  each  ward,  voting  precinct  or  town,  as  end. 
the  case  may  be,  place  together,  under  a  proper  heading, 
the  names  of  all  persons  who,  by  changes  in  city  or  town 
boundaries,  may  be  by  law  entitled  to  vote  for  a  part  only 
of  the  whole  number  of  ofiicers  to  be  voted  for  in  a  state 
election  in  such  city  or  town. 

Section  64.  The  registrars  of  voters  in  every  city  and  ,aP°^"°i^-„„ 
town,  twenty  days  at  least  beiore  the  annual  city  or  town 
election,  and  in  every  city  and  town  except  the  city  of 
Boston,  thirty  days  at  least  before  the  annual  state  elec- 
tion, and  in  the  city  of  Boston  twenty-four  days  at  least 
before  the  annual  state  election,  shall  cause  to  be  posted 
in  their  principal  office  and  in  one  or  more  other  public 
places  in  the  city  or  town,  copies  of  the  voting  lists  pre- 
pared in  accordance  with  the  provisions  of  the  preceding 
sections.  In  every  city  and  town  divided  into  voting 
precincts,  the  registrars  shall,  in  addition,  cause  copies  of 
the  voting  lists  of  each  precinct  to  be  posted  in  one  or 
more  public  places  in  the  precinct. 

Section  65.     After  the  voting- lists  have  been  prepared    p°?"°^<''". 

/.  1  .  T'l  /.IT  publiahing  ad- 

from  the  annual  register  and  copies  thereoi   have    been  ditionai  names. 

"  I  189'"*    351    633 

posted  as  provided  in  the  preceding  sections,  the  regis- 
trars of  voters  shall,  within  forty-eight  hours  after  adding 


1174  Acts,  1893.  — Chap.  417. 

a  new  name  to  the  annual  register,  cause  such  name 
to  be  added  to  the  lists  so  posted  in  their  principal 
office.  If,  however,  a  city  or  town  shall  authorize  the 
registrars  to  publish  the  names  so  added  to  the  register, 
they  may,  instead  of  posting  as  aforesaid,  cause  all 
additional  names  to  be  printed  in  some  one  newspaper 
published  in  the  city  or  town,  or,  if  no  newspaper  is  so 
published,  then  in  some  one  newspaper  published  in  the 
county  in  which  such  city  or  town  is  situated. 
Voting  lists,  Section  GQ.     The  registrars  of  voters  shall,  on  the  day 

certiticate  in  ,         .  .  ~  .  -,  ,  *^ 

case  of  omission  of  any  clcction,  givc  to  a  registered  voter  whose  name 

18927351,  §34.     has  bccu  oiuittcd  from  the  voting  lists,  or  in  whose  name 

or  residence,  as  placed  on  the  voting  lists,  a  clerical  error 

has  been  made,  a  certificate  containing  the  correct  name 

and  residence  of  the  voter,  signed  by  the  registrars,  or  a 

majority  of  them,  and  directed  to  the  presiding  election 

officer  of  the  ward,  voting  precinct  or  town,  as  the  case 

proceedings  at  may  bc,  in  which  the  voter  w^as  registered.     On  presenta- 

^^  *■  tion  of  such  certificate  to  the  presiding  officer,  the  person 

therein  named  shall  be  allowed  to  vote,  and  his  name  shall 

be  properly  checked  on  the  certificate,  and  the  certificate 

shall  be  attached  to  and  considered  a  part  of  the  voting 

lists  and  returned  and  preserved  therewith. 

for  use  at  polls.      Section  67.      The  registrars  of  voters,  before  every 

1839, 413,  §20;  .  .  .     ®  .  .  j         i   •    i  j_' 

1890, 386,  §14;  elcction,  and  meeting  m  a  city  or  town,  at  which  voting 
1892, 5i^§i'!'  lists  may  be  required  to  be  used,  shall  cause  to  be  prepared 
3oi,  §36.  voting  lists  for  each  precinct,  ward  or  town,  as  the  case 

may  be,  in  which  such  election  or  meeting  is  to  be  held, 
containing  the  names  of  all  persons  qualified  to  vote 
therein,  with  the  residence  of  each  such  voter,  as  the  same 
appears  upon  the  annual  register,  and  they  shall  seasonably 
transmit  the  same  to  the  election  officers  in  every  such 
precinct,  ward  or  town.  Such  voting  lists  shall  be  pro- 
vided and  furnished  in  duplicate  for  all  elections  and 
meetings  in  which  duplicate  lists  are  by  law  required  to 
be  used.  In  providing  such  lists  for  an  election  or  meet- 
ing, other  than  an  annual  state,  city  or  town  election, 
voting  lists  in  the  form  used  or  as  printed  for  the  preced- 
ing annual  state,  city  or  town  election,  as  the  case  may 
be,  may  be  used  with  such  omissions,  additions  and  cor- 
rections as  by  law  are  required  therein. 
Return  of  Sectiox  C)S.     The  registrars  of  voters  in  each  city  and 

regtste^red  vot-  towu  shall  forthwith,  aftcr  every  last  day  for  registration 
1892,^351,  §35.     beforc  an  annual  state,  city  or  town  election,  fixed  by 


Acts,  1893.  — Chap.  417.  1175 

l.iAv,  certify  to  the  secretary  of  the  Commonwealth  tlie 
number  of  assessed  polls  and  the  number  of  regis- 
tered male  and  female  voters  in  the  city  or  town,  and 
in  each  ward  and  i)recinct  therein ;  and  they  shall  also 
certify  the  number  of  persons  who  by  law  are  entitled  to 
vote  for  a  part  only  of  the  whole  number  of  officers  to  be 
voted  for  at  a  state  election  in  such  city  or  town,  and  in 
eacli  ward  and  })recinct  therein,  together  with  the  titles 
of  the  officers  for  whom  such  persons  are  entitled  to  vote. 

In  cities  in  which  the  city  clerk  is  not  a  member  of 
the  board  of  registrars,  the  registrars  shall  likewise  after 
the  last  day  for  registration  for  a  city  election,  certify  to 
the  city  clerk  the  number  of  registered  male  and  female 
voters  in  the  city  and  in  each  ward  and  voting  precinct 
therein. 

Section  69.     The  registrars  of  voters  in  a  city  or  town,  voting  list  for 

1  •  'ii      -1   .1  •       •  1  -J.!     xi        use  at  caucus. 

whenever  a  caucus  is  called  therein  in  accordance  with  the 
provisions  of  this  act,  shall,  on  request  of  the  person 
designated  in  the  notice  thereof  to  call  the  caucus  to 
order,  furnish  him  for  use  in  the  caucus  a  certified  copy 
of  the  voting  lists  of  the  town,  or  of  the  ward  of  the  city, 
for  which  the  caucus  is  to  be  held,  as  last  published  ac- 
cording to  hiw,  together  with  such  names  of  voters  as  have 
been  added  thereto  since  such  publication. 

Section  70.  The  registrars  of  voters  in  every  city,  im-  List  of  voters, 
mediately  after  the  annual  city  election  in  the  year  eighteen  ci'ty  into  wTrds. 
hundred  and  ninety-four,  and  in  every  tenth  year  thereafter,  ^^^^'  ^^'  ^^^'  ^* 
shall,  for  the  purpose  of  furnishing  to  the  city  council 
and  the  board  of  aldermen  the  information  necessary  for 
the  making  of  a  new  division  of  the  city  into  wards 
and  voting  precincts,  prepare,  and,  before  the  tenth  day 
of  February  next  ensuing,  deliver  to  the  city  clerk  of 
such  city  a  list  of  all  the  male  voters  therein  who  were 
registered  for  such  city  election,  which  list  shall  be  so  made 
and  arranged  as  to  show  the  number  of  such  registered 
voters  who  reside  in  each  lot  or  block  surrounded  by 
streets  in  the  limits  of  such  city  and  any  other  subdivision 
of  the  city  which  the  city  council  or  board  of  aldermen 
may,  before  the  first  day  of  February,  designate.  The 
registrars  shall  likewise  in  any  other  year,  upon  request 
of  the  board  of  aldermen  of  a  city,  furnish  for  such  pur- 
pose a  list  of  the  male  voters  of  any  ward  in  such  city, 
made  and  arranged  as  aforesaid. 


1176 


Acts,  1893.  — Chap.  417. 


Caucus,  for 
nomination  of 
candidates, 
selection  of 
delegates,  etc. 
1888,  441,  §§1,7: 
1890,386,  §4; 
136.  §6. 


call. 


entitled  to 
nominate,  etc. 


temporary 
chairman;  or. 
ganizatioD. 
1888,  441,  §2. 


TITLE    III. 
1.     Caucuses  or  Public  Meetixgs  of  Voters. 

Section  71.  A  caucus  of  the  qualified  voters,  or  of  a 
specified  party  or  portion  of  the  qualified  voters  in  a 
ward  of  a  city,  or  in  a  town,  in  which  caucus  at  least 
twenty-five  qualified  voters  participate  and  vote,  and  a 
caucus  in  a  ward  of  a  city  or  in  a  town  of  a  political  party 
which  at  the  preceding  annual  state  election  polled  for 
governor  at  least  three  per  centum  of  the  entire  vote  cast 
in  the  state  for  that  office,  may  be  called  and  held  for 
the  nomination  of  candidates  to  be  supported  at  any 
city  election,  or  at  any  election  of  town  officers  in 
a  town  for  which  ballots  are  provided  at  the  expense 
of  the  town,  or  for  the  selection  of  delegates  to  a 
political  convention,  or  for  the  appointment  of  a  political 
committee.  A  caucus,  as  aforesaid,  of  the  qualified  voters 
in  any  representative  district  may  likewise  be  held  for  the 
nomination  of  a  candidate  to  be  supported  at  a  state  elec- 
tion for  representative  in  the  general  court  ;  but  otherwise 
no  nomination  of  a  candidate  to  be  voted  for  in  an  elec- 
toral district  or  division  containing  more  than  one  town  or 
more  than  one  w^ard  of  a  city  shall  be  made  by  a  caucus. 
Every  such  caucus  shall  be  called  by  a  written  or  printed 
notice,  specifying  that  the  same  is  to  be  held  in  accord- 
ance with  the  provisions  of  the  election  act  of  eighteen 
hundred  and  ninety-three,  and  the  provisions  thereof  shall 
then  apply  to  the  conduct  and  proceedings  of  every  such 
caucus,  but  nothing  herein  shall  prevent  the  enforcement 
at  such  caucus  of  further  regulations  not  inconsistent  with 
the  provisions  of  this  act.  Except  as  above  provided,  no 
caucus  or  meeting  shall  be  entitled  to  nominate  a  can- 
didate for  a  public  office,  whose  name  shall  be  placed  on 
the  ballots  provided  in  accordance  with  the  provisions  of 
this  act,  or  shall  be  entitled  to  select  delegates  to  a  politi- 
cal convention  for  the  nomination  of  a  candidate,  whose 
name  shall  be  placed  on  the  ballots  so  provided. 

Section  72.  The  notice  for  a  caucus  under  the  pro- 
visions of  this  title  shall  designate  by  name  or  office  the 
person  who  shall  call  such  caucus  to  order  ;  and  the  person 
so  designated  shall  call  the  caucus  to  order  and  preside 
until  a  chairman  is  chosen.  In  case  however  the  person 
so  designated  shall  be  absent  at  the  time  appointed,  the 


Acts,  1893.  — Chap.  417.  1177 

caucus  may  choose  a  temporary  chairman  to  act  in  place 
of  such  })crson.  The  organization  of  the  caucus  ])y  the 
choice  of  a  chairman,  secretary,  and  such  other  officers 
as  the  meeting  may  require,  shall  be  the  tirst  business  in 
order. 

Section  73.    A  ballot  shall  be  taken  for  the  choice  of  any  caucus,  vote 
candidate,  delegate  or  member  of  a  political  committee,  to  upoif'i°r\tten 
be  selected  by  such  caucus,  in  case  ten  or  more  of  the  per-  ig^",®4li*§3". 
sons  present  and  entitled  to  vote  therein  shall  in  any  case 
so  request  in  writing ;  and,  in  case  of  such  written  request, 
a  ballot  shall  be  taken  for  the  choice  of  the  chairman  of 
such  caucus,  unless  the  caucus  shall  vote  to  dispense  with 
such  ballot.      Such  written  request  may  be  presented  to 
the  presiding  officer  for  the  time  being,  by  motion  or  other- 
wise, at  any  time  before  a  choice  of  the  officers  to  which 
it  relates  is  effected.     In  balloting,  the  copies  of  the  voting 
lists  last  pul)lished  according  to  law,  with  such  sul)sequent 
written  additions  thereto  as  may  be  certified  by  the  regis- 
trars of  voters,  shall  be  used  as  voting  lists. 

Sectiox  74.     The  secretary  chosen  at  a  caucus  held  under    preservation 
the  provisions  of  this  act  shall,  at  the  request  in  writing  vothTg  nsw^.""^ 
of  ten  voters  entitled  to  vote  therein,  safely  keep  all  bal-  ^*^*'  •**^'  ^^■ 
lots  cast  and  voting  lists  used  therein  for  the  period  of 
three  months,  and  shall  produce  the  same  if  called  for  by 
any  court  or  justice. 

2.     NoMiXATiox  OF  Candidates. 

Section  75.   Any  convention  ofdelegates  representing  a  Nominations 
political  party  which,  at  the  preceding  annual  state  election,  conventro*n!°'^ 
polled  for  governor  at  least  three  per  centum  of  the  entire  igg^'j^g'  |g; 
vote  cast  in  the  state  for  that  office,  and  any  convention  of 
delegates  who  have  been  selected  in  caucuses  called  and 
held  in  accordance  with  the  provisions  of  this  title,  and 
any  caucus  called  and  held  in  accordance  with  those  pro- 
visions, may,  for  the  state  or  for  the  city,  district,  division 
or  town,  for  which  the  convention  or  caucus  is  held,  as  the 
case  may  be,  make  one  such  nomination  for  each  office 
therein  to  be  filled  at  the  election,  by  causing  a  certificate 
of  nomination  to  be  duly  filpd. 

Section  76.     Every  certificate  of  nomination  shall  state  certificate  of 

1     />      .  T        .1  T  ..  c"        •!      nomination, 

such  tacts  as  by  the  preceding  sections  are  necessary  tor  its  signature  and 
acceptance,  and  as  are  required  by  the  provisions  of  sec-  i889,°/i3,^37*' 
tion  seventy-nine  of  this  title,  shall  be  signed  by  the  pre-  '^^^^'  ^^^>  S^* 


1178 


Acts,  1893.  — Chap.  417. 


Nomination 
papers,  number 
of  signatures. 

1889,  413,  §4; 

1890,  386,  §4. 


voter's  signa- 
ture, residence, 
number  of 
nominatioDS, 

1889,413,  §4; 
1890,386,  §4; 
436,  §§1,  10. 

women  may 
Bign,  etc. 


siding  officer  and  by  the  secretary  of  the  convention  or 
caucus,  who  shall  add  to  their  signatures  their  places  of 
residence,  and  shall  be  sworn  by  such  officers  to  be  true 
to  the  best  of  their  knowledge  and  belief;  and  certifica- 
tion of  their  oaths  shall  be  annexed  to  the  certificate  of 
nomination. 

Section  7  7 .  Nominations  of  candidates  for  any  offices 
to  be  filled  by  the  voters  of  the  state  at  large  may  be 
made  l)y  nomination  papers,  setting  forth  such  facts  as  are 
required  by  section  seventy-nine  of  this  title,  and  signed 
in  the  aggregate  for  each  candidate  by  not  less  than  one 
thousand  qualified  voters  of  the  state.  Nominations  of 
all  other  candidates  for  offices  to  be  filled  at  a  state  elec- 
tion, and  of  all  candidates  for  offices  to  be  filled  at  a  city 
election,  may  be  made  l)y  nomination  papers  as  aforesaid, 
signed  in  the  aggregate  for  each  candidate  by  qualified 
voters  of  each  electoral  district  or  division  for  which  the 
officers  are  to  be  elected,  not  less  in  number  than  one  for 
every  one  hundred  persons  who  voted  for  governor,  at  the 
preceding  annual  state  election,  in  such  district  or  divi- 
sion, but  in  no  case  less  than  fifty.  Nominations  of  can- 
didates for  offices  to  be  filled  in  a  town  election,  may  be 
made  by  nomination  papers  as  aforesaid,  signed  in  the 
aggregate  for  each  candidate  by  qualified  voters  in  each 
town,  not  less  in  number  than  one  for  every  fifty  persons 
who  voted  for  governor  at  the  preceding  annual  state 
election  in  such  town,  but  in  no  case  less  than  twenty. 
In  the  case  of  a  first  election  to  be  held  in  a  newly 
established  ward  of  a  city,  the  number  of  fifty  shall  con- 
stitute a  sufficient  number  of  signatures  of  voters  upon  a 
nomination  paper  for  the  nomination  of  a  candidate  who 
is  to  be  voted  for  only  in  such  ward ;  and  in  case  of  a 
first  election  in  a  town  the  number  of  twenty  shall  be  a 
sufficient  number  for  the  nomination  of  a  candidate  who 
is  to  be  voted  for  only  in  such  town. 

Section  78.  Every  voter  signing  a  nomination  paper 
shall  sign  the  same  in  person,  and  shall  add  to  his  signa- 
ture his  place  of  residence,  with  the  street  and  number 
thereof,  if  any  ;  and  every  voter  may  subscribe  to  as  many 
nominations  for  each  office  to  be  filled  as  there  are  persons 
to  be  elected  thereto,  and  no  more.  Women  qualified  to 
vote  for  members  of  the  school  committee  may  sign  nomina- 
tion papers  for  candidates  for  the  school  committee.  Every 
nomination  paper  shall,  before  being  filed,  be  seasonably 


Acts,  1893.  —  Chap.  417.  1179 

sul)unltcd  to  the  ivii'ii^trars  of  voters  of  the  city  or  town 
iu  which  the  signers  puri)ort  to  l)e  qualified  voters,  and 
the  registrars,  or  a  majority  of  the  board,  to  whom  the 
same    is    Mil>mitted,    shall  forthwith  certify  thereon    the 
minil)er  of  signatures  which  arc  names  of  qualitied  voters 
both  in  the  citv  or  town  for  Avhich  they  are  reiiistrars  and 
in  the  district  or  division  for  which  the  nomination  is 
made.     The  registrars  shall  not  however  be  recjuired  in  Nomination 
any  case  to  certify  upon  a  nomination  pa[)er  a  greater  Ira'^r^scertilcate, 
numlier  of  names  than  such  number  as  is  required  to  make  ^"^" 
a  nomination  as  aforesaid,  with  one  tifth  of  such  number 
added  thereto.     One  of  the  signers  to  each  separate  nom-    oa'h  of 
ination  paper  shall  swear  that  the  statements  therein  are  ^^°^'''®*^' 
true,  to  the  best  of  his  knowledge  and  ])elief,  and  the  cer- 
tification of  such  oath  and  the  post  office  address  of  the 
signer  shall  be  annexed  to  such  paper. 

Section  71).     All  certificates  of  nomination  and  nomi-  ^e^u^lc^Ls* 
nation  papers  shall,  besides  containino;  the  names  of  candi-  and  papers. 

1     .  i-  J  1  /I        1   •  1  /.  -1  .    ,      1889, 413,  §§5, 7: 

dates,  specity  as  to  each:  (1)  his  place  ol  residence  with  isso, sse, §5; 
street  and  number  thereon,  if  any;  (2)  the  office  for  269!^"' ^^^^' 
which  he  is  nominated  ;  and  (3),  except  as  hereinafter  pro- 
vided, the  party  or  political  principle  which  he  represents, 
expressed  in  not  more  than  three  words.  In  the  case  of 
electors  of  president  and  vice  president  of  the  United 
States,  the  names  of  the  candidates  for  president  and 
vice  president  may  be  added  to  the  party  or  political  desig- 
nation. To  the  name  of  each  candidate  for  the  office  of 
alderman  at  large  in  a  city  shall  be  added  the  number  or 
letter  of  the  ward  in  which  the  candidate  resides. 

If  a  candidate  is  nominated  otherwise  than  by  a  politi-  designation  in 

^  ..'1  certain  cases. 

cal  party  which  at  the  preceding  annual  state  election  polled 
for  governor  three  per  centum  of  the  entire  vote  cast  for 
that  office,  the  name  of  a  party  so  polling  three  per  centum 
of  such  entire  vote  shall  not  be  used  in  the  party  or  political 
designation  of  such  candidate,  except  as  describing  and  pre- 
ceding some  other  name  or  term  ;  and  if  so  used  in  case  of 
a  candidate  nominated  by  a  nomination  paper,  the  designa- 
tion of  such  candidate  shall  consist  of  not  more  than  two 
words,  and  to  such  designation  shall  be  added  the  words 
"nomination  paper,"  or,  as  abbreviated,  "nom.  paper.'* 
Certificates  of  nomination  and  nomination  papers  for  the 
nomination  of  candidates  for  town  offices  may  include  a 
designation  of  the  party  or  principle  which  the  candidate 
represents,  but  no  such  designation  shall  be  necessary. 


1180 


Acts,  1893.  —  Chap.  417. 


Certificate  of 
nomiDation  for 
vacancy. 

1891,  278. 


NominationB  to 
be  filed,  etc. 

1889,  413,  §6; 

1890,  386,  §6 ; 

1891,  305. 


Last  days  for 
filing,  with 
secretary. 
1891,  305;  1893, 
351. 


in  Boston. 


Section  80.  In  case  a  nomination  is  made  in  accordance 
with  the  provisions  of  this  act,  to  supply  a  vacancy  caused 
by  the  death,  withdrawal  or  ineligibility  of  a  candidate, 
the  certificate  of  nomination  made  for  supplying  such 
vacancy  shall  state,  in  addition  to  the  other  facts  required 
by  the  provisions  of  this  title,  the  name  of  the  original 
nominee,  the  date  of  his  death  or  withdrawal  or  of  being 
found  ineligible,  and  the  proceedings  had  for  supplying 
the  vacancy  ;  and  the  certilicate  shall  be  signed  and  sworn 
to  by  the  presiding  officer  and  secretary  of  the  convention 
or  caucus,  or  by  the  chairman  and  secretary  of  a  duly 
authorized  committee,  as  the  case  maybe. 

Section  81.  Certificates  of  nomination  and  nomination 
papers  for  the  nomination  of  candidates  lor  state  offices 
shall  be  filed  with  the  secretary  of  the  Commonwealth; 
and  certificates  of  nomination  and  nomination  papers  for 
the  nomination  of  candidates  for  city  and  town  offices  shall 
be  filed  in  each  city  and  town  with  the  city  or  town  clerk. 

Section  82.  Certificates  of  nomination  for  the  nomi- 
nation of  candidates  for  offices  to  l)e  filled  by  the  voters 
of  the  state  at  large  shall  be  filed  on  or  before  the  fifth 
Monday  preceding  the  day  of  the  election  for  which  the 
candidates  are  nominated  ;  and  nomination  pa})ers  for  the 
nomination  of  such  candidates  shall  be  filed  on  or  before 
the  fourth  Monday  preceding  the  day  of  such  election. 
Certificates  of  nomination  for  the  nomination  of  candidates 
for  all  other  state  offices  shall  be  filed  on  or  before  the  third 
Thursday  preceding  the  day  of  the  election  ;  and  nomination 
papers  for  the  nomination  of  all  such  candidates  shall  be 
filed  on  or  before  the  third  Friday  preceding  the  day  of 
the  election ;  except  that  in  case  of  an  election  held  on  a 
day  other  than  that  of  the  day  of  the  annual  state  election 
to  fill  any  state  office,  certificates  of  nomination  shall  be 
filed  on  or  before  the  twelfth  day  preceding  the  day  of 
such  election,  and  nomination  papers  for  the  nomination 
of  candidates  to  fill  such  office  shall  be  filed  on  or  before 
the  eleventh  day  preceding  the  day  of  such  election. 

In  all  cities,  except  the  city  of  Boston,  certificates  of 
nomination  for  the  nomination  of  candidates  for  city 
offices  shall  be  filed  on  or  before  the  second  Wednesday 
preceding  the  day  of  the  election  ;  and  nomination  papers 
for  the  nomination  of  such  candidates  shall  be  filed  on  or 
before  the  second  Friday  preceding  the  day  of  the  election. 

In  the  city  of  Boston  certificates  of  nomination  for  the 


Acts,  1893.  — Chap.  417.  1181 

nomination  of  candidates  for  city  offices  shall  be  tiled  on 
or  before  the  third  Wednesday  preceding  the  day  of  the 
election  ;  and  nomination  papers  for  the  nomination  of  such 
candidates  shall  be  tiled  on  or  before  the  third  Friday  pre- 
ceding the  day  of  the  election. 

In  towns  certiticates  of  nomination  for  the  nomination  Last  days  for 
of  candidates  for  town  offices  shall  be  tiled  on  or  before  *i'i°g' "' '°^'>«- 
the  second  Saturday  preceding  the  day  of  the  election, 
and  nomination  papers  for  the  nomination  of  such  can- 
didates shall  be  filed  on  or  before  the  Monday  preceding 
the  day  of  the  election ;  except  that  whenever  a  town 
election  is  held  on  a  day  of  the  week  other  than  Monday, 
such  certificates  of  nomination  and  nomination  papers 
shall  be  tiled  respectively  on  or  before  the  ninth  and 
seventh  days  preceding  the  day  of  the  election. 

Section  83.  All  certiticates  of  nomination  and  nomina-  Last  hour  for 
tion  papers  which  are  by  law  required  to  be  tiled  with  the  imf  74,  §2. 
secretary  of  the  Commonwealth,  or  with  the  clerk  of  a  city 
or  town,  shall  be  tiled  in  the  office  of  the  secretary  or  of 
the  city  or  town  clerk,  as  the  case  may  be,  before  five 
o'clock  in  the  afternoon  of  the  last  day  fixed  by  law  for 
the  filing  thereof. 

Xo  nomination  paper  ofiered  for  filing  shall  be  received  Acceptance  to 
or  deemed  to  be  valid,  unless  there  shall  be  presented  for  isss,  349. 
filing  with  such  nomination  paper  the  written  acceptance 
of  the  candidate  or  candidates  thereby  nominated. 

Section  84.     A  person  who  has  been  nominated  as  a  withdrawal 
candidate  for  any  state  or  city  office  in  accordance  with  cLma'a^tes/ 
the  provisions  of  this  title,  may  cause  his  name  to  be  isgo^lse',  §9- 
withdraAvn  from  nomination,  by  a  request  in  writing  signed  ^^^i- 1^^- 
by  him  and  acknowledged  before  an  officer  qualified  to 
take  acknowledgments  of  deeds,  and  filed  with  the  secre- 
tary of  the  Commonwealth,  or  the  city  clerk  with  whom 
the  nomination  was  filed,  within  the  seventy-two  hours 
succeeding  five  o'clock  of  the  last  day  fixed  by  law  within 
w^hich  nomination  papers  may  be  filed  for  the  nomination 
of  candidates  for  such  office.     A  person  so  nominated  as  a 
candidate  for  a  town  office  may  cause  his  name  to  be  with- 
drawn from  nomination,  by  a  request  signed  and  acknowl- 
edged as  aforesaid,  and  filed  with  the  town  clerk  within 
the  twenty-four  hours  succeeding  five  o'clock  of  the  last 
day  fixed  by  law  within  which  nomination  papers  may  be 
filed  as  aforesaid. 


1182 


Acts,  1893.  — Chap.  417. 


Nominations 
valid  unless 
objected  to,  etc, 
1889,413,  §7; 
1890,386,  §6; 
436,  §9. 


Consideration 
of  objections, 

1889,413,  §7; 

1890,  386,  §6; 

1891,  270;  189-2, 
406, §1. 


Notice  to  candi- 
dates and  com- 
mittee. 


Section  85.  When  certificates  of  nomination  and  nom- 
ination papers  have  been  filed  in  accordance  with  the 
provisions  of  this  title,  and  are  in  apparent  conformity 
therewith,  they  shall  be  deeme<l  to  be  valid  unless  objec- 
tions thereto  are  duly  made  in  writing.  Such  objections, 
in  the  case  of  nominations  of  candidates  for  state  ofiices 
and  city  ofiices,  shall  be  filed  with  the  secretary  of  the 
Commonwealth  or  the  city  clerk,  as  the  case  may  be, 
within  the  seventy-two  hours  succeeding  five  o'clock  of 
the  last  day  fixed  by  law  within  which  nomination  papers 
may  be  filed  for  the  nomination  of  candidates  for  such 
office.  In  the  case  of  nominations  of  candidates  for  town 
offices  such  objections  shall  be  filed  with  the  town  clerk 
within  the  twenty-four  hours  succeeding  five  o'clock  of 
the  last  day  fixed  by  law  within  which  nomination  papers 
may  be  filed  as  aforesaid. 

Section  86.  Objections  to  certificates  of  nomination 
and  nomination  papers,  which  are  filed  in  accordance  with 
the  preceding  section,  and  all  other  questions  arising  in 
relation  thereto,  shall,  in  the  case  of  nominations  of  can- 
didates for  state  offices,  be  considered  by  the  board  es- 
tablished in  accordance  with  the  provisions  of  section 
ninety-two  of  this  title,  and  known  as  the  Ballot  Law 
Commission.  Such  objections  and  questions  arising  in 
the  case  of  nominations  of  candidates  for  city  offices 
shall  be  considered  by  the  board  of  registrars  of  voters  of 
the  city,  together  with  the  city  clerk,  if  not  a  member  of 
such  board,  and  the  city  solicitor,  and  a  decision  of  the 
majority  of  these  officers  shall  be  final.  Such  objections 
and  questions  arising  in  the  case  of  nomination  of  candi- 
dates for  town  offices,  shall  be  considered  by  the  board  of 
registrars  of  voters  of  the  town,  and  a  decision  of  the 
majority  of  such  board  shall  be  final.  The  boards  con- 
stituted in  cities  and  towns  to  consider  such  objections 
and  questions  may,  at  hearings  upon  any  matters  within 
their  jurisdiction,  summon  witnesses  and  administer  to 
them  oaths,  and  may  require  the  production  of  books  and 
papers.  Such  witnesses  shall  be  summoned  in  the  same 
manner,  be  paid  the  same  fees,  and  be  subject  to  the  same 
penalties  for  default,  as  witnesses  ])efore  the  superior  court. 
A  summons  may  be  signed,  and  an  oath  may  be  adminis- 
tered by  any  member  of  such  board. 

In  case  any  such  objection  is  filed,  notice  thereof  shall 
by  the  secretary,  or  city  or  town  clerk,  as  the  case  may 


Acts,  1S93.  — Chap.  417.  1183 

bo,  bo  forthwith  mailod  to  the  candidates  affected  tliereby, 
adchvssed  to  their  residences  as  given  in  the  certilicates  of 
nomination  or  nomination  papers,  and  to  any  party  com- 
mittee known  to  the  secretary  or  clerk,  as  the  case  may 
be,  as  si)ecially  interested  in  the  nomination  to  which 
objection  is  made. 

AVhonever  a  greater  number  of  candidates  bearinij  the  Determiuation 

•  •,•       1  ii  1        •  i  •  •        j_     ^     /}'  when  several 

same  poutical  or  other  designation  are  nominated  tor  an  candidates  have 
office  than  there  are  persons  to  be  elected  to  such  office,  sj^j^^  designa- 
the  officers  charged,  as  a])Ove,  with  considering  objections 
to  such  nomination,  shall  determine  which  of  the  candi- 
dates, if  any,  are  entitled  to  such  designation. 

Section  87.  In  case  a  candidate  who  has  been  duly  Nomination  in 
nominated  for  a  state,  city  or  town  office,  shall  die  be-  withdrawal  etc. 
fore  the  day  of  election,  or  shall  cause  his  name  to  be  ^^''*^'-'^*- 
withdrawn  from  nomination,  in  accordance  with  the  provi- 
sions of  this  title,  or  shall  be  found  in  accordance  with  the 
provisions  thereof  to  be  ineligible  to  the  office  for  which 
he  is  nominated,  the  vacancy  may  be  supplied  by  the 
political  party  or  other  persons  making  the  original  nomi- 
nation, in  the  manner  in  which  such  nomination  was 
originally  made ;  or  if  the  time  is  insufficient  therefor, 
then  the  vacancy  may  be  supplied,  if  the  nomination  was 
made  by  a  convention  or  caucus,  in  such  manner  as  the 
convention  or  caucus  has  previously  provided  for  the  pur- 
pose, or,  in  case  no  such  previous  provision  has  been 
made,  then  by  a  regularly  elected  general  or  executive 
committee  representing  the  political  party  or  persons 
holding  such  a  convention  or  caucus. 

Section  88.     All  certilicates  of  nomination  and  nomina-  certiflcatea.etc, 
tion  papers,  and  all  objections  thereto  and  withdrawals,  lionl'preserTa. 
when  tiled,  shall,  under  proper  regulations,  be  open  to 'j'°g°'^\°3  ^g. 
public  inspection,  and  the  secretary  of  the  Commonwealth  ^^^^vf  ^'  5*^' 
and  the  several  city  and  town  clerks  shall  preserve  the 
same  in  their  respective  offices  for  the  period  of  one  year. 

Section  89.      All  signatures  required  under  the  pro-  signatures. 
visions  of  this  title  shall  be  made  in  person.  ^*^'^'  ^"^'  ^^°* 

Section  90.  The  secretary  of  the  Commonwealth  shall,  fJf°n^o4Tn"tion6 
upon  application,  furnish  blank  forms  for  the  nomination  *°  ^®  ^"''T,'*®^- 
of  candidates  for  all  state  offices  ;  and  blank  forms  for  cer- 
tificates of  nomination  of  candidates  for  the  office  of  rep- 
resentative in  the  general  court  shall  be  sent  to  the  clerk 
of  each  city  and  town  for  the  use  of  the  presiding  officer 
and  secretary  of  any  caucus  or  convention  held  therein  in 


1184 


Acts,  1893.  — Chap.  417. 


Anonymous 
circulars,  etc., 
prohibited, 
1890,381. 


accordance  with  the  provisions  of  this  act  for  the  nomina- 
tion of  candidates  for  that  office.  The  secretary  of  the 
Commonwealth  shall  likewise  furnish  to  the  clerks  of 
towns,  wherein  ballots  for  town  offices  are  provided  at  the 
expense  of  the  town,  blank  forms  for  the  nomination  of 
candidates  for  town  offices. 

Section  91.  No  person  shall  write,  print,  post  or  dis- 
tribute, or  cause  to  be  written,  printed,  posted  or  dis- 
tributed, a  circular  or  poster  which  is  desiijned  or  tends 
to  injure  or  defeat  a  candidate  for  nomination  or  election 
to  a  public  office,  by  reflecting  upon  his  personal  character 
or  political  actions,  unless  there  appears  upon  such  cir- 
cular or  poster,  in  a  conspicuous  place,  the  names  of  the 
chairman  and  secretary,  or  the  names  of  two  officers,  at 
least,  of  the  political  or  other  organization  issuing  the 
same,  or  the  name  and  residence,  with  street  and  number 
thereof,  if  any,  of  some  voter  ot  the  Commonwealth,  as 
responsible  therefor. 


Ballot  Law 
CommisBion. 
1892,  406,  §1. 


may  summon 
■witnesses,  etc. 
1892,  406,  §1. 


decision. 
1892,  406,  §1. 


3.     Ballot  Law  Commission. 

Section  92.  The  Ballot  Law  Commission  shall  consist 
of  the  secretary  of  the  Commonwealth,  the  attorney- 
general,  and  three  other  persons  who  shall  be  appointed 
from  different  political  parties  by  the  governor,  with  the 
consent  of  the  council,  in  the  month  of  June  or  July  in 
each  year,  and  shall  hold  office  for  terms  of  one  year  begin- 
ning with  the  first  day  of  August.  Any  vacancy  occurring 
in  the  number  of  the  three  members  so  appointed  shall  be 
filled  by  appointment  in  like  manner  for  the  remainder 
of  the  unexpired  term. 

Section  93.  The  ballot  law  commission  may  summon 
witnesses  and  administer  to  them  oaths,  and  may  require 
the  production  of  books  and  papers  at  a  hearing  before 
them  upon  any  matter  within  their  jurisdiction.  Wit- 
nesses shall  be  summoned  in  the  same  manner,  be  paid  the 
same  fees,  and  be  subject  to  the  same  penalties  for  default, 
as  witnesses  summoned  before  the  superior  court.  A  sum- 
mons may  be  signed  and  an  oath  may  be  administered 
by  any  member  of  the  said  board. 

Section  94.  The  decision  of  a  majority  of  the  members 
of  the  board  upon  any  matter  within  its  jurisdiction  shall 
be  final. 


Acts,  1893.  — CiiAr.  417.  1185 

Section  05.     The  appointed  members  of  the  ballot  law  Baiiotiaw 

,,,,  '■'■.-,  ,  ..  ^  ,1.      cominission, 

commission   shall   be    paid    such    compensation  tor   their  compensation. 
ser^'ices,  not  exceeding  three  hundred  dollars  each,  as  the   *■*-•  ■*^*'' §§^  2. 
governor  and  council  may  determine ;  and  the  total  ex- 
penditures by  and  on  account  of  said  commission   shall 
not  exceed  the  sum  of  fifteen  hundred  dollars  in  any  one 
year, 

TITLE    lY. 

1.     Wards  and  Voting  Precincts. 
Section  9(5.     A  city  may,  in  the  year  eiijhteen  hundred  wards,  new 

.  .  ''  ^  ^  ^  1/1  i/»  division  of 

and  ninety-nve,  and  in  every  tenth  year  thereafter,  before  cities  into. 
the  first  day  of  May  in  such  year,  by  vote  of  its  city  '  •  ^^  •  • 
council,  make  a  new  division  of  its  territory  into  such 
number  of  wards  as  may  be  fixed  by  law ;  and  the  boun- 
daries of  such  wards  shall  be  so  arranged  that  the  wards 
shall  contain,  as  nearly  as  can  be  ascertained,  and  as 
nearly  as  may  be  consistent  with  well-defined  limits  to 
each  ward,  equal  numbers  of  legal  voters.  A  division  so 
established  shall  take  effect  in  accordance  with  the  pro- 
visions of  section  ninety-nine  of  this  act. 

Section  97.     The  several  cities  of  the  Commonwealth  voting  pre. 
shall,   for  the  choice  of  all  officers  who  are  elected  by  the  uon'etcf*'^"*' 
people,  be  divided  into  convenient  voting  precincts  con-  i^'Jo,  423,  §69, 
tainino;    not   more  than   eio:ht   hundred   res^istered   male 
voters,  and  all  such  voting  precincts  shall  be  designated 
by  numbers  or  letters  of  the  alphabet. 

Every  ward  of  a  city  containing,  according  to  the  regis-  division,  time, 
tration  of  voters  at  the  preceding  annual  city  election, 
eight  hundred  or  less  registered  male  voters,  shall  con- 
stitute a  voting  precinct,  except  that  if  a  ward  shall, 
according  to  such  registration  in  any  year,  contain  more 
than  five  hundred  but  not  more  than  eight  hundred  such 
voters,  the  board  of  aldermen  of  the  city  may,  on  or 
before  the  first  ]\Ionday  of  July  in  the  following  year,  if 
they  shall  deem  it  expedient  so  to  do,  divide  the  same  into 
two  voting  precincts.  If  a  ward  of  a  city  constituting  a 
single  voting  precinct  shall,  according  to  such  registra- 
tion, in  any  year  contain  more  than  eight  hundred  male 
voters,  the  board  of  aldermen  shall,  on  or  before  the  first 
Monday  of  July  in  the  following  year,  divide  the  same 
into  two  or  more  voting  precincts ;  and  if  a  voting  pre- 
cinct of  a  ward  shall,  according  to  such  registration  in  any 


boundaries,  etc. 


1186 


Acts,  1893.  — Chap.  417. 


Voting  pre- 
cincts, under 
new  division 
of  wards. 
1888,437,  §2; 
1890,  423,  §69. 


of  new  wards, 
proceedings  iu, 
prior  to  city 
elections. 

1888,  437,  §4. 


map  or  de- 
Bcription,  to 
be  publistied, 
etc. 
18y0,  423,  §70. 


year,  contain  more  than  eight  hundred  male  voters,  the 
board  of  aldermen  shall  in  like  manner  either  divide  such 
precinct  into  two  or  more  voting  precincts  or  shall  make 
a  new  division  of  the  ward  into  voting  precincts,  so  that 
no  such  precinct  shall  contain  more  than  eight  hundred 
registered  male  voters.  When  wards  are  so  divided  into 
voting  precincts,  the  precincts  shall  be  estaldished  so  as  to 
contain,  as  nearly  as  may  be,  an  equal  number  of  voters, 
and  in  such  manner  that  each  precinct  shall  consist  of 
compact  and  contiguous  territory,  and  shall  be  entirely 
within  one  ward ;  and,  so  far  as  possible,  the  middle 
lines  of  known  streets  or  ways,  or  other  well-defined 
limits,  shall  be  the  boundaries  of  such  precincts. 

Section  98.  When  a  new  division  of  the  territory  of  a 
city  into  wards  has  been  made,  in  accordance  with  the 
provisions  of  section  ninety-six  of  this  act,  the  board  of 
aldermen  of  such  city  shall,  on  or  before  the  first  Monday 
of  July  in  the  year  in  which  such  new  division  has  been 
made,  divide  such  city  into  voting  precincts,  conformably 
to  the  provisions  of  the  preceding  section. 

Section  99.  For  the  purposes  of  the  annual  state  elec- 
tion in  the  year  of  any  new  division  of  a  city  into  wards, 
or  for  the  purpose  of  any  election  held  prior  to  the  annual 
state  election  in  the  next  succeeding  year  for  filling  a 
vacancy  among  officers  so  elected,  or  a  vacancy  caused  by 
a  failure  to  elect,  and  for  the  purpose  of  any  election 
which  may  be  held  prior  to  the  annual  city  election  next 
succeeding  such  new  division,  for  the  filling  of  a  vacancy 
among  officers  elected  at  a  previous  city  election,  the 
wards  and  voting  precincts  as  existing  previous  to  sach 
new  division  shall  continue,  and  for  such  purposes  election 
officers  shall  l)e  appointed  and  hold  office,  and  voting  lists 
shall  be  prepared  for  each  such  voting  precinct,  and  all 
other  things  required  by  law  shall  be  done,  as  if  no  such 
division  had  been  made.  Election  officers  shall,  notwith- 
standing, be  aj^j^ointed  according  to  law  for  the  new  wards 
and  voting  precincts,  who  shall  serve  at  the  city  election 
in  the  year  of  such  new  division,  and  likewise  in  all 
respects  other  than  as  above  provided. 

Section  100.  Whenever  a  ward  of  a  city  has  been 
divided  into  new  voting  precincts,  or  the  voting  pre- 
cincts thereof  have  been  changed,  the  lioard  of  aldermen 
of  the  city  shall  forthwith  cause  to  he  pulilislied  a  map  or 
description   of  the   division,   in  which  the  new  precincts 


Acts,  1893.  — Ciiap.  417.  1187 

shall  be  dcsiirnatcd  by  nuiubors  or  letters,  as  the  case  may 
be,  and  shall  be  detined  clearly  and,  so  far  as  possible,  by 
known  boundaries ;  and  they  shall  cause  such  map  or 
description  to  be  posted  in  ten  public  places,  at  least,  in 
each  precinct  of  a  ward  so  divided,  and  also  cause  a  rea- 
sonable number  of  copies  thereof  to  be  furnished  to  the 
registrars  of  voters  and  the  assessors  of  such  city,  and  to 
the  election  officers  of  each  precinct  so  established. 

Section  101.  Whenever  a  town  shall  by  vote  accept  voting  pre- 
the  provisions  of  this  section,  the  selectmen  thereof  shall,  towns',  duty 
within  sixty  days  after  such  acceptance,  arrange  a  division  i89o;'423r§72". 
of  the  town  into  convenient  voting  precincts  for  the  choice 
of  all  officers  which  are  elective  by  the  people,  except 
town  officers.  In  arranging  such  division  they  shall,  so 
far  as  possible,  make  the  middle  lines  of  streets  or  ways 
or  other  natural  or  well-defined  limits  the  boundaries  of 
the  proposed  precincts,  and  shall  designate  them  by  num- 
bers or  letters.  They  shall,  when  the  same  is  completed, 
file  a  report  of  their  doings  with  the  town  clerk,  which 
report  shall  include  a  map  or  description  of  the  proposed 
new  precincts,  designated  by  numbers  or  letters,  as  the 
case  may  be,  and  detined  clearly  and,  so  far  as  possible, 
by  known  boundaries,  and  their  report  shall  also  include 
a  statement  of  the  number  of  registered  male  voters 
in  each  proposed  precinct,  according  to  the  registration 
made  for  the  preceding  annual  state  or  town  election,  as 
the  case  may  be.  The  report  shall  be  presented  by  the  town  cierk, 
town  clerk  to  the  toAvn  at  the  next  succeeding  town  meet-  °^°  ^^^  '°^' 
ing,  but  it  shall  not  be  acted  upon  except  at  a  meeting 
duly  called  for  the  purpose,  and  held  seven  days  at  least 
after  the  report  has  been  filed  as  aforesaid  with  the  town 
clerk.  The  division  so  arranged  by  the  selectmen  may 
be  modified  or  amended  at  a  meeting  so  held,  and  when 
adopted  either  in  its  original  or  amended  form,  by  a 
majority  of  the  legal  voters  then  present  and  voting 
thereon,  shall  he  operative.  All  elections  of  state  officers  state  elections. 
thereafter  in  such  town  shall  l)e  held  in  the  precincts  so 
established,  except  that  an  election  taking  place  after 
such  division  has  been  made,  but  before  voting  lists  for 
each  precinct  have  been  prepared  and  copies  thereof  have 
been  posted  in  the  manner  and  for  the  number  of  days 
required  by  law,  shall  be  held  in  the  manner  in  which 
elections  had  previously  been  held  in  such  town. 


1188 


Acts,  1893.  — Ch.\p.  417. 


Voting  pre- 
cincts, changes 
in. 
1890,  423,  §72. 


map  or  de- 
Bcription  to  be 
posted,  etc. 


discontinu- 
ance. 
1890,  423,  §73. 


may  be  again 
established. 


notice  to  be 
given  to  secre- 
tary, etc. 
1890,  423,  §§71, 
72,  73. 


Section  102.  The  voting  precincts  of  a  town  may  be 
changed  at  any  town  meeting  duly  called  for  the  purpose, 
if  the  selectmen  shall  have  tiled  in  the  office  of  the  town 
clerk,  seven  days  at  least  before  the  meeting,  a  statement 
of  the  contemplated  changes,  giving  proper  boundaries 
and  the  numbers  or  letters  of  the  proposed  precincts,  and 
the  number  of  registered  male  voters  in  each  proposed 
precinct,  according  to  the  registration  of  voters  in  such 
town  for  the  last  preceding  annual  state  or  town  election, 
as  the  case  may  be ;  but  no  changes  other  than  those  so 
proposed  by  the  selectmen  shall  be  made  at  such  meeting. 

Section  103.  Whenever  a  town  has  been  divided  into 
voting  precincts  or  the  voting  precincts  thereof  have  been 
changed,  in  accordance  with  the  preceding  sections,  the 
selectmen  shall  cause  a  map  or  description  of  the  new 
precincts,  designated  by  numbers  or  letters,  as  the  case 
may  be,  and  defined  clearly  and,  so  far  as  possible,  by 
known  boundaries,  to  be  posted  in  the  office  of  the  town 
clerk  and  in  three  public  places,  at  least,  in  each  such  new 
precinct ;  and  they  shall  also  cause  a  reasonable  number 
of  copies  of  such  map  or  description  to  be  furnished  to 
the  registrars  of  voters  and  the  assessors  of  such  town, 
and  to  the  election  officers  of  each  precinct  so  established. 

Section  104.  Any  towm  which  has  been  divided  into 
voting  precincts  may,  by  vote  at  a  meeting  duly  called  for 
the  purpose,  discontinue  all  such  precincts ;  and  there- 
after the  provisions  of  law  applicable  to  such  precincts 
shall  cease  to  apply  to  such  town,  and  all  subsequent 
elections  therein  shall  be  held  as  if  no  such  division 
had  been  made.  A  town  which  has  discontinued  all  its 
voting  precincts  may,  however,  in  any  subsequent  year 
accept  the  provisions  of  section  one  hundred  and  one 
of  this  act  and  cause  a  division  into  voting  precincts 
to  be  made  thereunder. 

Section  105.  Whenever  voting  precincts  have  been 
established  in  a  city  or  towm,  and  whenever  a  change  has 
been  made  in  the  wards  or  voting  precincts  of  a  city,  or 
in  the  voting  precincts  of  a  town,  the  clerk  of  the  city  or 
town  shall  forthwith  give  a  notice  thereof  in  writing  to  the 
secretary  of  the  Commonwealth,  stating  therein  the  num- 
ber and  designation  of  the  wards  and  of  the  precincts  in 
each  ward  of  a  city,  or  the  number  and  designation  of  the 
precincts  in  each  town,  as  the  case  may  be.     Notice  in 


Acts,  1893.  — Chap.  417.  1189 

■vn'itiug  of  the  discontinuance  of  votinij^  precincts  in  a  town 
shall  likewise  be  given  forthwith  by  the  town  clerk  to  the 
secretary  of  the  Commonwealth. 

2.     Electiox  Officers. 
Section  lOG.     The  mayor  of  every  city,  in  the  month  Election  offi- 

ccrs   in  citi60« 

of  September  in  each  year,  or  as  soon  thereafter  as  ^^ossi-  quaikod  voters, 
ble,  shall,  with  the  approval  of  the  board  of  aldermen,  i89o°'4V"§75'; 
appoint  as  election  officers  for  each  voting  })recinct,  one  ^^^i>-^^;  i^^^, 
warden,  one  deputy  warden,  one  clerk,  one  deputy  clerk, 
four  inspectors  and  four  deputy  inspectors,  who  shall  be 
qualified  voters  in  the  ward  of  which  such  precinct  forms 
a    i^art.     The  mayor    of  any    city   may  in    like  manner 
appoint,    in  addition  to  the    above,   two  inspectors  and 
two  deputy  inspectors.     Such  election  officers  shall  be  so    political repre- 
appointed  as  equally  to  represent  the  two  leading  political 
parties,  except  that,  without  disturbing  the  equal  repre- 
sentation of  such  two  parties,  not  exceeding  two  of  such 
election  officers  may  be  appointed  from  qualified  voters 
not  representing  either  of  such  two  parties.     The  warden 
and  two   of  the  inspectors  so   required  to  be  appointed 
shall  l)e  of  a  different  political  party  from  the  clerk  and 
the  other  two  inspectors,  and  in  each  case  a  principal  and    " 
his  deputy  shall  be  of  the  same  political  party.     Every    action  of 
nomination  of  an    election   officer   made    by   the    mayor  ofaidermen. 
hereunder  shall  be  acted  upon  by  the  l)oard  of  aldermen 
not  less  than  three  nor  more  than  ten  days  after  it  has 
been   made.     Every    election  officer    so  appointed  shall     term  of  office. 
hold  office  for  the  term  of  one  year  beginning  with  the 
first   day  of  November  succeeding  his  appointment  and 
until  his  successor  is  appointed  and  qualified,  or  until  his 
removal,    as    hereinafter   provided.     Any    such   election    removal. 
officer  may  be  removed  by  the  mayor,  with  the  approval 
of  the  board  of  aldermen,  upon  written  charges  of  incom- 
petency  or  official   misconduct,   preferred   either  by  the 
city  clerk  or  by  not  less  than  six  qualified  voters  of  the 
ward  in  which  the  officer  is  appointed  to  act. 

Sectiox  107.  In  case  a  vacancy  in  the  number  of  the  vacanciee, 
election  officers  appointed  in  accordance  with  the  preced-  isgo,  423,  §75'. 
ing  section  shall  occur  on  or  before  the  first  day  of  Novem- 
l)er  in  any  year,  or,  in  a  city,  shall  occur  after  the  annual 
state  election  and  one  week  at  least  before  the  annual  city 
election,  or  in  case  any  one  of  such  election  officers  shall 
decline  his  appointment  and  give  notice  of  his  declination 


1190  Acts,  1893.  — Chap.  417. 

to  the  city  clerk  on  or  before  the   first  day  of  Kovember, 

or,  if  for  an  election  other  than  the  annual  state,  city  or 

town  election,  the  office  of  an  election  oflficer  is  for  any 

reason  vacant,  the  mayor,  with  the  approval  of  the  board 

of  aldermen,  shall  appoint  a  person  duly  qualified  to  fill 

the  ofiice  so  vacant ;  and    appointments   for  filling  such 

vacancies  shall  be  so  made  as  to  preserve  the  equal  rep- 

Eiection  offi.      rescutation  of  the  two  leading  political  parties.     In  case 

efJction?''""^'     the  warden  and  deputy  warden,  or  clerk  and  deputy  clerk, 

or  an  inspector  and  his  deputy,  shall  be  absent  on  the  day 

of  election,  either  at  the  opening  of  the  polls  or  at  any 

time  during  the  day,  a  suitable  person  shall  be  elected 

by  the  qualified  voters  of  the  precinct  on  nomination  and 

by  hand  vote,  and  he  shall  have  full  power  to  act  during 

the  remainder  of  the  time  at  that  election,  in  place  of  the 

absent  officer. 

for  voting  pre-      Section  108.     The  Selectmen  of  every  town  which  is 

quaiiiied  voters^  dlvidcd  iuto  voting  prccincts  shall,  at  some  time  between 

i89o?423l'§76?     the  first  and  fifteenth  days  of  October  in  each   year,  ap- 

1892,431.  point  as  election  officers  for  each  voting   precinct,   one 

warden,  one  deputy  warden,  one  clerk,  one  deput}^  clerk, 

two  inspectors  and  two  deputy  inspectors,  who  shall  be 

qualified  voters  of  the  precinct.     The  selectmen  of  any 

such  town  may,  in  like  manner,  appoint  in  addition  to 

the  above,   two  inspectors  and    two    deputy  inspectors. 

political repre-  Sucli  elcctioii  officcrs  sliall    bc   SO    api^oiutcd  as  equally 

S6Dt^tiOIl  J.  •/ 

to  represent  the  two  leading  political  parties,  except 
that,  without  disturbing  the  equal  representation  of  the 
two  leading  political  parties,  not  exceeding  two  of  such 
election  officers  may  be  appointed  from  qualified  voters 
notrepresentingeither  of  such  two  parties.  The  warden 
and  one  of  the  inspectors  so  required  to  be  appointed  shall 
be  of  a  different  political  party  from  the  clerk  and  other 
inspector,  and  in  each  case  the  principal  and  his  deputy 

term  of  office,  gi^.^n  ])g  pf  ^hc  samc  political  party.  Every  election 
officer  so  apjiointed  shall  hold  office  for  a  term  of  one  year 
beginning  with  the  first  day  of  November  succeeding  his 
appointment,  and  until  his  successor  is  appointed  and 
qualified,  or  until  his  removal,  as  hereinafter  provided. 

removal.  Evciy    sucli   clectioii    officer    may    he    removed   from 

office  by  the  selectmen,  upon  written  charges  of  incom- 
petency or  official  misconduct,  preferred  either  by  the 
town  clerk  or  by  not  less  than  six  qualified  voters  of  the 
precinct  for  which  the  officer  is  appointed  to  act. 


Acts,  1893.  — Chap.  417.  1191 

Section"  100.     In  case  a  vacancy  in  the  naml)cr  of  oloc-  Election  om- 
tiou  officers,  appoinkxl  in  accordance  with  the  preceding  appointmentf*' 
section,  shall  occur  on  or  before  the  first  day  of  Novem-  ^*"^'  ■*^^'  ^^^' 
ber  in  any  3'ear,  or  in  case  any  one  of  such  election  officers 
shall  decline  his  ajipointnient  and  give  notice  of  his  decli- 
nation to  the  town  clerk  on  or  before  the  first  day  of 
Xovcnibcr,   the    selectmen    shall   ap[)oint  a  person  duly 
qualified  for  the  office  so  vacant ;  and  appointments  for 
filling  such  vacancies  shall  l)e  so  made  as  to  preserve  the 
equal  rc})resentation  of  the  two  leading  political  parties. 
In   case   the   warden  and  deputy  warden,   or  clerk  and     election. 
deputy  clerk,  or  an  inspector  and  his  deputy  shall  be  ab- 
sent on  the  day  of  election,  either  at  the  opening  of  the 
polls  or  at  any  time  during  the  day,  a  suitable  person 
shall  be  elected  by  the  qualified  voters  of  the  precinct 
on   nomination  and  by  hand  vote,  and  he  shall  have  full 
power  to  act  during  the  remainder  of  the  time  at  that 
election,  in  place  of  the  absent  officer. 

Section  1 10.     No  person  shall  at  a  state  or  city  election    candidates  at 
be  eligible    for   appointment  or  election    as   an   election  elections  not 
officer  in  a  voting  precinct  or  town  in  which  he  is  a  can-  resTgn'atfon, 
didate  for  election,  and  if  a  person  who  has  been  appointed  Js^°423  §78. 
an  election   officer   subsequently  becomes   such  a  candi- 
date, and  shall  neglect  forthwith  to  resign  his  position,  the 
mayor  or  selectmen,  as  the  case  may  be,  shall,  if  he  is  a 
candidate  at  a  state  election,  remove  him  from  office  before 
the  first  day  of  November,  or,  if  he  is  a  candidate  at  a  city 
election,  the  mayor  shall  so  remove  him  eight  days  at  least 
before  the  day  of  the  election. 

Section  111.     If  a  warden,  clerk  or  inspector  is  absent  .  deputy  to  act 
at  the  opening  of  the  polls  or  subsequently  on  the  day  of  principal,  etc. 
election,  or  his  office  has  become  vacant,  the  person  ap-  ^g^'^- ^-3,  §§  5, 
pointed  as  deputy  of  such  officer  shall  act  thereafter  for 
that  election,  in  his  place,  as  warden,  clerk  or  inspector, 
as  the    case    may  be.     Except   as   aforesaid,  no    deputy 
officer  shall  have  power  to  act  in  an  official  capacity  or  be 
admitted  to  the  space  reserved  for  election  officers  while 
the  polls  are  open  or  during  the  counting  of  the  votes 
thereafter. 

Section    112.      Every   election   officer    appointed    or    tobeswom, 

I       J     J     •  1  -J.!      ji  T  !:•  I      11      adminietratlon 

elected  in  accordance  with  the  preceding  sections   shall,  of  oath. 
before  entering  upon  the  performance  of  the  duties  of  his  ye!"'  '*"^'  ^^^^' 
office,  be  sworn  to  the  faithful  discharge  of  his  duties.    Such 
oath  may  be  administered   by  a  city  or  town  clerk  or 


1192 


Acts,  1893.  — Chap.  417. 


Ballot  clerks  of 
precincts, 
detail,  duties. 
1889,413,  §20; 
1S90,  423,  §01. 


Presiding 
officer  in 
towns  not 
divided,  etc. 
1890,  423,  §79. 


Ballot  clerks  in 
certain  towns, 
appointment, 
duties. 

1890,  423,  §77; 

1891,  31. 


political  repre- 
sentation. 


oath  of  oHlce. 


by  a  justice  of  the  peace ;  and  an  election  officer  who  has 
been  chosen  at  the  polls  to  fill  a  vacancy,  or  who  has 
not  been  sworn  before  the  day  of  election,  may  also  be 
sworn  by  the  w^arden  or  clerk  of  the  voting  precinct  for 
which  he  is  elected. 

Section  113.  In  all  elections  of  state  officers  in  a  city 
and  in  a  town  divided  into  voting  precincts,  and  in  all 
elections  of  city  officers  in  a  city,  the  presiding  election 
officer  of  each  voting  place  or  precinct  shall  detail  two 
inspectors,  who  shall  be  of  different  political  parties,  to 
act  as  ballot  clerks,  who  shall  have  charge  of  the  ballots 
and  shall  furnish  them  to  voters  in  accordance  W'ith  the 
provisions  of  this  act. 

Section  114.  The  selectmen  in  towns  not  divided  into 
voting  precincts  shall  preside  at  all  meetings  for  the  elec- 
tion of  state  officers,  and  shall  have  all  the  powers  of 
wardens  in  cities  or  moderators  in  towns,  but  the  chair- 
man or  senior  member  present  of  the  selectmen,  acting 
under  their  direction,  shall  lie  regarded  as  the  presiding 
election  officer  for  the  enforcement  of  the  provisions  of 
this  act. 

Section  115.  At  state  elections  in  towns  not  divided 
into  voting  precincts,  and  at  town  elections  in  towns  for 
which  ballots  are  provided  at  the  expense  of  the  town, 
the  selectmen  in  each  such  town  shall,  at  some  time  prior 
to  the  opening  of  the  polls,  appoint  two  qualified  voters 
as  ballot  clerks,  wdio  shall  have  charge  of  the  ballots  and 
shall  furnish  them  to  voters  in  accordance  with  the  pro- 
visions of  this  act.  The  selectmen  or  the  moderator,  as 
the  case  may  be,  presiding  over  any  such  election,  may 
subsequently  appoint  additional  liallot  clerks,  not  exceed- 
ing in  number  one  for  every  four  hundred  registered 
voters  and  majority  fraction  thereof,  and  may  likewise  fill 
any  vacancy  occurring  in  the  numl)er  of  ballot  clerks  after 
the  opening  of  the  polls.  Such  ballot  clerks  shall  be  so 
appointed,  as  equally  as  may  be,  to  represent  the  two 
leading  political  parties,  except  that  such  additional  ballot 
clerks  may  be  appointed  from  qualified  voters  not  repre- 
senting either  of  such  two  parties.  Every  liallot  clerk  so 
appointed  shall,  before  entering  upon  the  performance  of 
the  duties  of  his  office,  be  sworn  to  the  faithful  perform- 
ance of  his  duties,  and  such  oath  may  be  administered 
by  the  presiding  officer,  for  the  time  being,  or  the  town 
clerk,  and  the  town  clerk  shall  make  a  record  thereof. 


Acts,  1893.  —  Chap.  417.  1193 

Sectiox  IIG.    Scloctmen  and  wardens,  and  moderators,  Teiiere.appoinu 

.  11  1     •        i  •  1'   J  1  1  •   I  •  •        nient,  dulies, 

town  clerks  and  justices  or  the  })eace,  wlien  presiding  m  etc. 
towns  at  state  and  town  elections,  as  the  case  may  he,  80^215^221!'^' 
may  appoint  qualiticd  voters  of  a  town  as  tellers,  to  assist  ^s^i.aa. 
at  the    ballot  box  and  in  checking  the  names  of  voters 
upon  the  voting  lists,  and  in  canvassing  and  counting  the 
votes;    and  they   shall   in  any  such  case    appoint  tellers 
when  requested  in  Avriting  so  to  do  by  ten  qualified  voters 
of  a  town.      When  tellers  are  appointed  as  aforesaid  at  gemiuonl'^*^'^^ 
elections,  for  which  ballots  are  provided  at  the  expense  of 
the  Commonwealth   or  of  the  town,  they  shall  be  so  ap- 
pointed that  the  election  officers,  making  and  assisting  in 
making  the  canvass  and  count  of  votes,  shall  equally  rep- 
resent the  two  leading  political  parties. 

No  person  shall  be  eligible  to  the  position  of  teller  at     candidatesnot 
an  election  in  which  he  is  a  candidate  to  be  voted  for. 

Tellers  appointed  as  aforesaid  shall  be  sworn  to  the  faith-     oath  of  office. 
ful  discharge  of  their  duties,  and  the  oath  may  lie  admin- 
istered by  the  presiding  officer,  for  the  time  being,  or  by 
the  town   clerk  or  a  justice  of  the  peace,  and  the  clerk 
shall  make  a  record  thereof. 

Sectiox  117.     In  case  of  a  vacancy  in  the  office  of  city  city  or  town 

•  clerk  pro 

clerk  of  a  city,  or  in  case  a  city  clerk  shall  be  unable  to  tempore. 
perform  the  duties  required  by  the  provisions  of  this  act,  i^^*^- "^^s,  §i64. 
the  mayor  of  the  city  shall  appoint  a  clerk  pro  tempore 
for  the  purpose  of  performing,  for  the  time  being,  the 
duties  required  hereunder,  and  such  clerk  pro  tempore 
shall  be  sworn  to  the  faithful  discharge  of  his  duties.  In 
case  of  a  vacancy  in  the  office  of  the  town  clerk  of  a  town, 
or  in  case  a  town  clerk  shall  be  unable  to  perform  the 
duties  required  hereunder,  the  selectmen  of  the  town  shall 
appoint  a  clerk  pro  tempore  in  accordance  with  the  pro- 
visions of  section  two  hundred  and  eighty-five  of  this  act. 

Section   118.      Election  officers  shall,  for  the  perform-  Election  offl- 
ance  of  their  respective  duties,  attend  in  their  respective  ance,'e"c!° 
voting  precincts  and  towns  at  the  times  and  places  duly  ^^^^'  '*-^'  ^'^^■ 
designated  for  the  elections. 

Section  119.  Election  officers  in  each  city  and  town  i89o"423°§§v5°°' 
shall  receive  such  compensation  for  each  day's  actual  '^e,  is. 
service,  as  the  city  council  of  the  city  or  the  selectmen 
of  the  town  may  from  time  to  time  determine,  but  no 
deputy  officer  shall  receive  compensation,  except  for 
attendance  at  the  opening  of  the  polls  or  for  services  in 
place  of  an  officer  who  is  absent. 


1194 


Acts,  1893.  — Ciiap.  417. 


to  be  sworn, 
powers  and 
duties,  com- 
pensation. 


fiectTn*""  °^         Section  120.     The  governor,  l\y  and  with  the  consent 
appointment,      of  the    council,   shall,   u]:)on   the   petition  in  writino:  of 

political  repre-  ^•c    ^  4-  C  1     •  V  •  4-'' 

sentation.  ten  qualmecl  voters   ot  a  ward  in  a  city  or  in  a  town, 

'  •  ^^  •  •  whether  divided  into  voting  precincts  or  not,  presented  to 
him  twenty-one  days,  at  least,  before  a  state  or  city  elec- 
tion therein,  appoint  for  such  ward  or  town  or  for  each 
of  such  voting  precincts  as  may  he  named  in  the  petition, 
two  qualified  voters  of  the  city  or  town,  who  shall  not  be 
signers  of  the  petition  or  members  of  any  regularly  elected 
political  committee  or  candidates  for  any  office,  to  act  as 
supervisors  at  such  election.  Such  supervisors  shall  be 
appointed,  one  from  each  of  the  two  leading  political  par- 
ties. They  shall  be  sworn  to  the  faithful  discharge  of 
their  duties  by  the  city  or  town  clerk  or  by  a  justice  of  the 
peace.  The  supervisors  shall  be  present  at  the  several 
precincts  or  polling  places,  for  which  they  are  appointed, 
shall  have  the  right  to  challenge  illegal  voters,  and  shall 
throughout  witness  the  conduct  of  the  election  and  the 
counting  of  votes,  but  they  shall  not  make  any  statement 
tending  to  reveal  the  state  of  the  polls,  before  the  public 
declaration  of  the  vote  ;  and  they  shall  remain  where  the 
ballot  boxes  are  kept,  at  all  times  after  the  polls  are  open 
and  until  the  ballots  are  duly  sealed  in  envelopes  for  trans- 
mission to  the  officers  entitled  to  receive  them.  Each 
supervisor  shall  have  the  right  to  affix  his  signature,  for  the 
purpose  of  identification,  to  the  certificate  of  the  number 
of  votes  cast,  or  to  attach  thereto  any  statement  which  he 
may  desire  to  make  touching  the  truth  or  fairness  or  con- 
duct of  the  election.  Supervisors  so  appointed  shall  re- 
ceive such  compensation  for  each  day's  actual  service,  as 
the  city  council  of  the  city  or  the  selectmen  of  the  town 
may  from  time  to  time  determine. 


3.  YoTixG  Places. 
des&S^'  Section  121.  The  board  of  aldermen  of  every  city,  and 
Kgo^I^s'T"'/*^'  ^^^^  selectmen  of  every  town  divided  into  voting  precincts 
shall,  thirty  days  at  least  before  the  day  of  the  annual 
state  or  city  election  in  such  city  or  town,  and  ten  days 
at  least  before  the  day  of  any  special  election  of  a  state 
or  city  officer  therein,  designate  and  appoint  the  polling 
place  for  each  of  the  voting  precincts  in  such  city  or  town, 
and  shall  procure  the  same  for  such  purpose,  and  cause  it 
to  be  suital^ly  fitted  up  and  prepared  therefor.      Such  poll- 


Acts,  1893.  — Chap.  417.  1195 

ing  place  shall  J)o  inn  public,  orderly  and  convenient  por-  Poiimg place, 

■  •  !•    ii  •        .  J     ji      ^  1  1  II-  to  be  conven- 

tion or   tlie  precnict :   exce]it  that,  wlien  no  such  i)()lhni2;  ienuy  situated, 

place  can  he  had  within  the  territorial  limits  of  tlie  pre-  ^"'' 
cinct,  the   board  of  aldermen   or  selectmen,    as  the  case 
may  be,  may  designate  and  appoint  a  polling  place  in  some 
public,  orderly  and  convenient  place  within  the  limits  of 
any  one  of  the  adjoining  })i-ecincts  of  such  city  or  town ; 
and  for  the  purposes  of  this  act,  the  })lace  so  designated 
and  appointed  for  the  i)olling  place  of  a  })recinct  shall  be 
deemed  and  taken  to  be  included  in  and  to  be  a  i)art  of 
such  precinct,  as  though  the  same  Avere  within  the  terri- 
torial limits  thereof.     No  l)uilding  or  portion  of  a  building     places  in 
shall  be  designated,  appointed  or  used  as  a  polling  })lace,  ^id%tc^,"not'to 
in  which,  or  in  any  part  of  which,  intoxicating  liquor  is  ^^  "*®'^" 
sold  or  has  been  sold  within  thirty  days  next  preceding 
the  day  of  the  election.     Whenever  the  polling  places  have     notice  to  be 
been  so  designated  in  a  city  or  town  the  board  of  aldermen  ^'^*'°' 
of  a  city  shall  in  at  least  ten  public  })laces,  in  each  precinct 
of  the  city,  and  the  selectmen  of  a  town  shall  in  at  least 
three  public  places,  in  each  precinct  of  the  town,  forth- 
Avith  cause  to  be  posted  a  printed  description  of  the  poll- 
ing places  so  designated,  and  shall  give  such  further  notice 
thereof  as   they   may   in    any    case    think    necessary   or 
proper. 

Sectiox  122.  The  boards  of  aldermen  in  cities  and  ."]*'"^'°8' 
the  selectmen  in  towns  shall  cause  each  polling  place  in  guard  raii.* 
their  respective  cities  and  towns  to  be  provided  with  ^^^'*'  *^^'  ^^^' 
a  sufficient  number  of  suitable  marking  shelves  or  com- 
partments, at  or  in  which  voters  may  conveniently  mark 
their  ballots,  so  that  in  the  marking  thereof  they  may  be 
screened  from  the  observation  of  others ;  and  they  shall 
cause  a  guard  rail  to  be  so  constructed  and  placed  in  the 
polling  place  that  only  such  persons  as  are  inside  the  guard 
rail  can  approach  within  six  feet  of  the  ballot  boxes  and  of 
the  marking  shelves  or  compartments.  The  arrangement 
shall  be  such  that  neither  the  ballot  boxes  nor  the  marking 
shelves  or  compartments  shall  l)e  hidden  from  the  view  of 
those  just  outside  the  guard  rail.  The  niunber  of  such 
marking  shelves  or  compartments  shall  not  be  less  than 
one  for  every  seventy-five  registered  voters  at  such  polling 
place,  and  not  less  than  five  in  any  voting  })recinct  of  a 
city,  and  not  less  than  three  in  any  town  or  voting  precinct 
of  a  town.     Each  marking  shelf  or  compartment  shall  be     supplies,  etc., 

1         j_  •  1     1        'xi  '^  1  •  1  •  x-        for  marking 

kept  provided  with  proper  supplies  ana  conveniences  tor  baiiots. 
markino-  the  ballots. 


1196 


Acts,  1893.  —  Chap.  417. 


State  ballot 

boxcB. 

1890,  423,  §84. 


Blanks  and 
apparatus  for 
canvass  of 
votes. 
1891,  328,  §1. 


Blanks  and 
envelopes  for 
returns  of 
votes,  etc. 
P.  8.  22,  §28 ; 

1890,  423,  §112; 

1891,  329,  §3. 


Ballot  boxes  and 
apparatus,  care, 
repair,  etc. 
1890,423,  §87; 
1891,  329,  §1; 
1893,  307. 


4.     Electiox  Apparatus  and  Blanks. 

Sectiox  123.  The  secretary  of  the  CommoiiTvecalth 
shall,  at  the  expense  of  the  Commonwealth,  provide  every 
city  and  town  with  a  state  l)allot  box  for  use  at  every  vot- 
ing precinct  or  polling  place  therein.  The  ballot  boxes 
so  provided  shall  be  such  as  shall  be  approved  by  the 
secretary,  treasurer  and  auditor  of  the  Commonwealth, 
or  by  a  majority  of  them,  and  shall  have  sufficient  and 
secure  locks  and  keys  or  seal  fastenings,  and  shall  con- 
tain mechanical  devices  for  receivinij,  registering  and  can- 
celling  every  ballot  deposited  therein ;  but  no  such  box 
shall  record  any  number  or  mark  upon  a  ballot,  by  which 
one  ballot  may  be  distinguished  from  another.  All  such 
ballot  boxes  shall  l)e  purchased  by  the  secretary  at  a  price 
not  exceeding  fifty  dollars  each.  The  secretary  shall 
likewise  provide  every  city  and  town  with  suitable  blank 
forms  and  apparatus,  such  as  shall  be  approved  as  afore- 
said, for  use  at  each  polling  place  by  the  election  officers 
in  the  canvass  and  count  of  votes. 

Section  124.  The  secretary  of  the  Commonwealth 
shall  provide  every  city  and  town  with  suitable  blank 
forms  and  envelopes  for  all  certificates,  copies  of  records 
and  returns  required  by  this  act  to  be  made  to  his  office, 
with  such  printed  directions  thereon  as  he  may  deem  neces- 
sary for  the  guidance  and  direction  of  the  election  officers  ; 
and  he  shall  furnish  such  other  blank  forms  and  such  sug- 
gestions and  instructions  as  will  assist  the  election  officers 
in  the  performance  of  their  duties  under  the  requirements 
of  this  act.  The  clerks  of  the  courts  in  the  several  coun- 
ties shall  in  like  manner  provide  cities  and  towns  with 
suitable  blank  forms  and  envelopes  for  all  certificates, 
copies  of  records  and  returns  required  by  this  act  to  be 
made  to  the  county  commissioners  and  boards  of  ex- 
aminers. 

Section  125.  The  city  or  town  clerk  of  each  city  and 
town  shall  provide  therein  a  place  for  the  safe  and  suitable 
keeping  of  the  ballot  boxes  and  counting  apparatus  fur- 
nished by  the  Commonwealth,  shall  have  the  care  and  cus- 
tody thereof,  shall  see  that  they  are  kept  in  good  order 
and  repair,  and,  if  any  of  them  are  lost,  destroyed  or  irrep- 
arably damaged,  shall  replace  the  same  by  suitable  bal- 
lot boxes  or  apparatus,  approved  as  required  by  section 


Acts,  1893.  — Chap.  417.  1197 

one  hundred  and  twonty-throo  of  this  act.  The  custody, 
caro  and  repair  of  all  such  ballot  l)oxcs  and  apparatus 
shall  bo  at  the  expense  of  the  city  or  town,  but  shall  be 
sul)ject  to  the  supei-vision  and  control  of  the  secretary 
of  the  Commonwealth,  who  may,  at  the  expense  of  the 
Commonwealtli,  subject  to  approval  as  aforesaid,  cause 
necessary  improvements  to  be  made  in  any  of  such  ballot 
boxes  or  apparatus. 

Section  126.     The  board  of  aldermen  of  a  city  and  f^al\^pl^!.iue 
the  selectmen  of  a  town  may  make  such  reo-ulations,  not  regulations  as' 

"  to  use 

inconsistent  with  the  provisions  of  this  act,  in  regard  to  isso.  423,  §94. 
the   use   of  ballot   boxes   and   seals,  counting  ancl  other 
apparatus,  as  they  may  deem  expedient. 

Section    127.     The  clerk  of  every  city  and  of  every  Precinct  seal, 
town   divided  into  voting  precincts,  shall  furnish  to  the  ^j^^<^,  <="s'°'iy' 
clerk  of  each  voting  precinct  a  seal  of  suitable  device,  the  1^92,405. 
design  of  which  shall  include  the  designation  of  such  pre- 
cinct ;  and  such  seal  shall  be  used  in  sealing  all  envelopes 
required  by  law  to  be  used  at  the  elections.     The  clerk  of 
the  precinct  shall  retain  the  custody  of  the  seal,  and  shall, 
at  the  end  of  his  term  of  office,  deliver  the  same,  together 
with  the  records  of  the  precinct  and  other  official  docu- 
ments in  his  custody,  to  the  city  or  town  clerk. 

Section  128.     The  clerk  of  every  city  and  town  shall  caiiotbox, 
send  to  the  election  officers  at  each  pollino-  place  in  the  city  at  poiis. 

1891   328   63 ' 

or  town,  on  the  day  of  an  election  or  meeting  at  which  the  i892!405! 
same  are  required  to  be  used,  before  the  opening  of  the 
polls,  the  ballot  box,  blank  forms  and  counting  and  other 
apparatus  provided  by  the  secretary  of  the  Commonwealth ; 
and  shall  send  therewith  such  ballot  boxes,  ballot  box 
seals,  blank  forms  and  apparatus  as  may  be  required  by 
the  board  of  aldermen  of  the  city  or  by  the  selectmen  of 
the  town,  as  the  case  may  be. 

5.     Preparation  and  For.ai  of  Ballots. 

Section  129.     All  ballots  for  use  in  elections  of  state  Baiiots,  prep. 
officers  shall  be  prepared  and  furnished  by  the  secretary  of  furn^hing. 
the  Commonwealth ;  all  ballots  for  use  in  elections  of  city  Isoolm.fTV^' 
officers  in  a  city  shall  be  prepared  and  furnished  by  the 
city  clerk  of  such  city ;  and  all  ballots  for  use  in  elections 
of  town  officers,  in  a  town  which  has  voted  that  ballots 
shall  be  provided  at  the  expense  of  the  town,  shall  be  pre- 
pared and  furnished  by  the  town  clerk. 


1198  Acts,  1893.  — Chap.  417. 

f8^89°«3f§'io?''      Section  130.     General  ballots,  intended  for  the  use  of 
i|9ol386;§§5,'7;  all  male  voters  in  a  voting  precinct  or  town,  shall  contain 
2691270.      '      the  names  of  all  candidates  for  election  in  such  voting 
precinct    or    town,  who  have  been   duly  nominated  and 
have  not  deceased,  or  whose  nominations  have  not  been 
withdrawn  or  rejected  as  invalid ;  and  such  general  ballots 
shall,  except  in   the  case  of  candidates  for  presidential 
electors,  contain  no  other  names. 
namefrestdence,      To  the  uamc  of  each  Candidate  for  a  state  office  shall  be 
®''=-  added  the  name  of  the  city  or  town  in  which  the  candidate 

resides.  To  the  name  of  each  candidate  for  a  city  office 
shall  be  added  the  name  of  the  street  on  which  the  candi- 
date resides,  together  with  his  street  number,  if  there  is 
any ;  and  to  the  name  of  each  candidate  for  the  office  of 
alderman  at  large  in  a  city  shall  also  be  added  the  number 
of  the  ward  in  which  the  candidate  resides, 
ignationfitc!^'  ^o  the  name  of  each  candidate  for  a  state  or  city 
office  shall  be  added  his  party  or  political  designation, 
expressed  in  accordance  with  sections  seventy-nine  and 
eighty-six  of  this  act.  To  the  name  of  each  candidate 
for  a  town  office  upon  an  official  ballot  shall  be  added  such 
designation  of  the  party  or  principle  which  the  candidate 
represents,  as  is  duly  contained  in  the  certificate  of  nomi- 
candidatee       natiou  or  nomination  papers.     No  greater  number  of  can- 

with  same  dee-       i-  ^    i  n  jv         i  •  ji  j_  Tx'       i 

ignation.  didatcs  lor  any  office  bearing  the  same  party  or  politicai 

designation  shall  be  placed  upon  the  official  ballot  than 
there  are  persons  to  be  elected  to  such  office, 
eft^n  ctndi"  °*      ^^  ^^^  uauic  of  a  political  party,  which  at  the  preceding 

dates  nominated  annual  statc  elcctiou  polled  for  governor  three  per  centum 
ysigna  ures.  ^^  ^^^  entire  vote  cast  in  the  state  for  that  office,  is  used  in 
connection  with  some  other  name  or  term,  in  accordance 
with  the  provisions  of  section  seventy-nine  of  this  act,  as 
the  designation  of  a  candidate  nominated  for  a  state  or 
city  office  by  a  nomination  paper,  the  words  "  nomination 
paper",  or  "nom.  paper",  shall  be  added  to  the  political 
designation  of  such  candidate. 

^A^r^^f'^f-P*        Tlie   names   of    candidates   for   everv    state,  city    and 

or  names,  etc.  v     ^  '  ^        »/ 

town  office  shall,  except  in  the  case  ot  candidates  for 
presidential  electors,  be  arranged  under  the  designation 
of  the  office,  in  alphabetical  order  according  to  the  sur- 
names. There  shall  he  left  at  the  end  of  the  list  of 
candidates  for  each  different  office,  as  many  blank  spaces 
as  there  are  persons  to  be  elected  to  such  office,  in 
which  the  voter  may  insert  the  name  of  any  person  not 


Acts,  1893.  — Chap.  417.  1199 

printed  on  the  ballot,  for  whom  he  desires  to  vote  for 
such  office.  AVhenever  the  approval  of  a  constitutional 
amendment  is  submitted  to  the  vote  of  the  people,  or  any 
other  question  is  submitted  to  vote  in  a  city  or  town 
in  accordance  with  a  statute  providing  therefor,  such 
question  sliall  be  printed  on  the  ballot  after  the  list  of 
candidates. 

Special  ballots  containing  only  the  names  of  candidates  Baiiou,  special. 
for  school  committee  shall  also  be  prepared  in  like  man- 
ner and  printed  for  the  use  of  women  qualified  by  law  to 
vote  for  school  committee. 

Ballots  shall  be  so  printed  as  to  grive  to  each  voter  a    squares  and 

.  T       .  ,        ~  r\/  •  directions  for 

clear  opportunity  to  designate  by  a  cross  [XJ,  m  a  marking. 
square  at  the  right  of  the  name  and  designation,  if  any, 
of  each  candidate,  and  at  the  right  of  each  question,  his 
choice  of  candidates  and  his  answer  to  such  question  ;  and 
upon  the  ballots  may  be  printed  such  words  as  will  aid 
the  voter  to  do  this ;  as  "vote  for  one",  "vote  for  two", 
"  vote  for  three ",  "yes",  "no",  and  the  like.  On  the  offl<=iai  en- 
back  and  outside,  when  folded,  of  each  ballot,  shall  be 
printed  the  words,  "Official  Ballot  for",  followed  by  the 
designation  of  the  voting  precinct  or  town  for  which  the 
ballot  is  prepared,  the  date  of  election,  and  a  facsimile 
of  the  signature  of  the  secretary  of  the  Commonwealth, 
or  city  clerk  or  town  clerk,  as  the  case  may  be,  who  has 
caused  the  ballot  to  be  prepared.  Special  ballots  printed 
for  the  use  of  women  qualified  to  vote  for  school  com- 
mittee shall  have  the  additional  endorsement,  "  For 
school  committee  only." 

Sectiox  131.     The  names  of  candidates  for  the  offices    presidential 
of  electors  of  president  and  vice  president  of  the  United  rangemeuYof 
States  shall  be  arranged  in  groups,  as  presented  in  the  dates! e"!*^"""^^ 
several  certificates  of  nomination  or  nomination  papers;  i892'279jl!' 
and  the  several  groups  shall  be  arranged  in  the  alphabetical 
order  of  the   surnames  of  the  candidates  for  president, 
and  the    names   of  the    candidates    in  each  group   shall 
be  printed  upon  the  ballots  in  two  adjacent  columns  of 
equal  width.     If  candidates  are  nominated  at  large  and 
for  the  several  congressional  districts,  the  name  and  place 
of  residence  of  one  of  the  candidates  at  large  shall  be  put 
at  the  head  of  each  column,  and  the  names  of  the  other 
candidates  with  their  places  of  residence,  including  the 
numbers  of  the  congressional  districts  in  which  they  re- 
side, shall  follow  in  the  numerical  order  of  the  districts. 


1200 


Acts,  1893.  — Chap.  417. 


Ballots,  paper, 
size,  form, 
type,  etc. 

1889,  413,  §10; 

1890,  386,  §7; 
423,  §81;  1892, 
279,  §1. 


special, paper, 


state  and  city 
elections,  num- 
ber. 

1889,  413, §12; 

1890,  436,  §7. 


The  surnames  of  the  candidates  of  each  political  party  for 
the  offices  of  president  and  vice  president,  with  the  party 
or  political  designation  thereof,  at  the  right  of  the  sur- 
names shall  be  placed  in  one  line  above  the  group  of 
candidates  for  electors  of  such  party.  There  shall  be  left 
at  the  right  of  each  such  party  or  political  designation  a 
sufficient  clear  square  in  which  each  voter  may  designate 
by  a  cross  [X]  his  choice  for  electors ;  and  no  other 
clear  space  or  margin  shall  l)e  left  in  any  such  group  of 
candidates.  There  shall  be  left  at  the  end  of  the  groups 
of  candidates  as  many  blank  spaces  as  there  are  persons 
to  be  elected  to  the  offices  of  electors. 

Section  132.  The  official  ballots  furnished  in  accord- 
ance with  the  provisions  of  this  act  shall,  except  as  other- 
wise specially  provided  herein,  be  of  plain  white  paper  and 
in  weight  not  less  than  that  of  ordinary  printing  paper, 
shall  be  in  two  or  more  pages,  and  shall,  before  distribu- 
tion, be  so  folded  as  to  measure  when  folded  not  less  than 
four  and  one  half  inches  nor  more  than  five  inches  in 
width,  and  not  less  than  six  inches  nor  more  than  thirteen 
and  one  half  inches  in  length.  The  names  of  all  candi- 
dates shall  be  printed  in  black  ink  in  lines  at  a  right  angle 
with  the  length  of  the  ballot.  The  names  of  all  candidates, 
other  than  candidates  for  presidential  electors  and  for 
president  and  vice  president,  shall  be  in  capital  letters  not 
less  than  one  eighth  of  an  inch  nor  more  than  one  quarter 
of  an  inch  in  height.  The  initial  letters  of  all  names  of 
candidates  for  presidential  electors  shall  be  in  capital  let- 
ters not  less  than  one  eighth  nor  more  than  one  quarter 
of  an  inch  in  height ;  and  the  surnames  and  political 
designations  of  the  candidates  of  each  party  for  president 
and  vice  president  shall  be  in  capital  letters  not  less  than 
three  sixteenths  of  an  inch  in  height. 

The  special  ballots  for  the  use  of  women  qualified  to  vote 
for  school  committee  shall  be  printed  on  tinted  paper,  but 
of  a  difterent  tint  from  that  of  specimen  ballots. 

Section  133.  There  shall  be  provided  for  each  polling 
place  at  which  an  election  for  state  or  city  officers  is  to  be 
held,  two  sets  of  general  ballots,  each  of  not  less  than 
sixty  ballots  for  every  fifty  and  fraction  of  fifty  registered 
male  voters  therein,  and  likewise  for  a  city  election  two 
sets  of  special  ballots,  each  of  not  less  than  sixty  ballots 
for  every  fifty  and  fraction  of  fifty  women  registered  to 
vote  for  school  committee  therein. 


Acts,  1893.  —  Chap.  417.  1201 

When  ballots  arc  required  by  law  to  be  provided  by  the  BaiiotB,  town 
town  clerk   of  a  town  for  the  election  of  town  officers  lUT.'  °°*' """"' 
therein,  there  shall  be  provided  one  set  of  general  ballots  ^^9<>>  ^se,  §9. 
of  not  less  than  seventy-iive  ballots  for  every  fifty  and 
fraction  of  fifty  registered  male  voters  therein  ;  and  like- 
wise one  set  of  special  ballots  of  not  less  than  seventy- 
five  ballots   for  every  fifty  and    fraction   of   fifty  women 
registered  to  vote  for  school  committee  therein. 

Section   134.     All  ballots,  when  printed  and  folded  as  ^  packageB, 
provided  in  section  one  hundred  and  thirty-two,  shall  be  issg,  413,  §11; 
arranged  and  fastened  together  in  convenient  numbers  in       '    '"   " 
packages,  books  or  blocks,  in  such  manner  that  each  ballot 
may  be  detached  and  removed  separately.     A  record  of  numb°e'r''fur. 
the  number  of  ballots  printed  and  furnished  to  each  poll-  nished. 
ing  place  shall  be  kept  and  preserved  by  the  secretary  of 
the  Commonwealth,  or  the  city  clerk  or  town  clerk,  as  the 
case  may  be,  for  the  period  of  one  year. 

Section  135.  The  secretary  of  the  Commonwealth  shall  i^Peru^n^cIses! 
furnish  sufiicient  partial  ballots  in  state  elections  to  a  city  is^O'  ^'^s,  §11. 
or  town  for  the  use  of  voters  who  by  law  may  be  entitled 
to  vote  for  a  part  only  of  the  officers  to  be  voted  for  in 
such  city  or  town.  There  shall  be  printed  on  the  back  of 
such  ballots,  in  addition  to  the  official  endorsement,  such 
words  as  shall  clearly  indicate  the  class  of  voters  for  whose 
use  the  ballots  are  furnished,  and  such  ballots  only  shall 
be  furnished  to  such  voters. 

Section  136.     In  case  a  vacancy  shall   occur  or  be     in  case  of 
declared  in  the  list  of  nominations  by  reason  of  the  death,  drawai,  etc.,  of 
withdrawal  or  ineligibility  of  a  candidate,  under  the  pro-  i'89i,'278!" 
visions  of  title  three  of  this  act,  the  name  of  the  candidate 
nominated  in  accordance  therewith  to  fill  such  vacancy, 
shall,  if  the  ballots  are  not  already  printed,  be  placed  on 
the  ballots,  instead  of  the  original  nomination ;  or,  if  the 
ballots  have  been  printed,  new  ballots  containing  the  new 
nomination  shall,  whenever  practicable,  be  furnished  and 
substituted  in  place  of  those  already  prepared. 

6.     Information  to  Voters. 

Section  137.     The  secretary  of  the  Commonwealth  in  Cards  of  instruc- 
State  elections,  the  several  city  clerks  in  city  elections,  i889;4i3,  §13; 
and  the  several  town  clerks  in  town  elections  for  which  i^^O' sse,  §10. 
ballots  are  by  law  provided  at  the  expense  of  the  town, 
shall  prepare  and  furnish  for  use  in  every  such  election. 


1202 


Acts,  1893.  — Chap.  417. 


Specimen 
ballots. 


Constitutional 
amendment. 
1892,  124,  §2. 


Lists  of  candi 
dates,  etc., 


full  instructions  for  the  guidance  of  voters  at  such  elec- 
tions, as  to  obtaining  ballots,  as  to  the  manner  of  mark- 
ing them  and  the  method  of  gaining  assistance,  and  as 
to  ol)taining  new  ballots  in  place  of  those  accidentally 
spoiled ;  and  they  shall  cause  the  same,  together  with 
such  abstracts  as  they  shall  deem  proper  to  make  of 
the  provisions  of  law  imposing  penalties  upon  voters,  to 
be  printed  in  large,  clear  type,  on  separate  cards,  to  be 
called  cards  of  instruction.  They  shall  in  like  manner 
prepare  and  furnish  for  each  polling  place  ten  or  more 
copies  of  the  ballots  provided  for  distribution  at  the  elec- 
tion therein.  Such  copies  shall  be  called  specimen  ballots, 
and  shall  he  printed  without  the  facsimile  endorsements 
and  on  tinted  paper. 

The  secretary  of  the  Commonwealth  likewise  shall  cause 
to  be  prepared  and  shall  furnish  copies  of  every  proposed 
amendment  to  the  constitution  sulimitted  to  the  vote  of 
the  people,  printed  in  full  with  a  heading  in  large  type 
containing  the  words.  Proposed  Amendment  to  the  Con- 
stitution. 

Section"  138.  The  secretary  of  the  Commonwealth  shall, 
state  election,  to  five  days  at  least  previous  to  the  day  of  any  state  election, 
1889, 413,  §14;  transmit  to  the  registrars  of  voters  in  each  city  and  town 
2, 1^4,  §2,  1^  ^vhich  sucli  election  is  to  be  held,  printed  lists  contain- 
ing the  names,  residences  and  party  or  political  designa- 
tions of  all  candidates  duly  nominated  and  to  be  voted 
for  at  each  polling  place  in  every  such  city  and  town,  sub- 
stantially in  the  form  of  the  general  ballot  to  be  so  used 
therein ;  and  shall  likewise  transmit  the  printed  copies  of 
any  proposed  amendment  to  the  constitution  which  may 
posting.  \)Q  submitted  to  vote  at  such  election.  The  registrars  of 
voters  shall  immediately  cause  the  lists  for  each  voting 
precinct  or  town,  as  the  case  may  be,  and  any  such  copies 
of  a  proposed  amendment  to  the  constitution,  to  be  con- 
spicuously posted  in  one  or  more  public  places  in  every 
publication,  such  Voting  precinct  or  town.  The  secretary  of  the  Com- 
monwealth shall  likewise  cause  to  be  published,  prior  to 
the  day  of  any  such  election,  in  at  least  two  newspapers, 
if  there  be  so  many,  published  in  each  county,  represent- 
ing, so  far  as  practicable,  the  two  leading  political  parties, 
a  list  of  all  the  candidates  duly  nominated  and  to  be  voted 
for  in  such  county,  together  with  any  proposed  amend- 
ment to  the  constitution  submitted  to  vote  as  aforesaid, 
in  the  form,  so  far  as  may  be,  in  which  they  are  to  appear 
upon  the  general  ballots. 


Acts,  1893.  — Chap.  417.  1203 


Section  139.    The  city  clerk  of  each  city  shall,  four  days  Lists  of  candi. 
at  least  previous  to  the  day  of  any  city  election  therein,  tionTposUngr' 
cause  to  be  conspicuously  posted  in  one  or  more  public  i889'4i3,*'§i5. 
places  in  every  voting  precinct  of  such  city,  a  printed  list 
containing  the  names,  residences,  and  party  or  political 
designations  of  all  candidates  nominated  and  to  he  voted 
for    in  such  precinct,    substantially    in    the  form    of  the 
general  ballot  to  be  used  therein ;  and  he  shall  likewise 
cause  to  be  published,  prior  to  the  day  of  such  election,  in 
at  least  two  newspapers,  if  there  be  so  many,  pul^lished  in 
such  city,  representing  the  two  leading  political  parties,  a 
list  of  all  the  candidates  duly  nominated  and  to  be  voted 
for  in  such  city,  in  the  form,  so  far  as  may  be,  in  which 
they  are  to  appear  upon  the  general  ballots. 

Section  140.  At  every  election  of  town  oflacers  in  a  town  election, 
town,  for  which  ballots  are  by  law  provided  at  the  expense  isool^sle,  §11. 
of  the  town,  the  town  clerk  shall,  four  days  at  least  previous 
to  the  day  of  such  election  therein,  cause  to  be  conspic- 
uously posted  in  one  or  more  public  places  in  the  town, 
substantially  in  the  form  of  the  general  ballot  to  be  used 
therein,  the  names  and  residences  and  designations,  if 
any,  of  all  candidates  duly  nominated  and  to  be  voted  for 
at  such  election. 

7.     Delivery  of  Ballots,  etc. 

Section  141.     The    secretary    of  the    Commonwealth  Baiiots,  etc., 
shall  send  the  two  sets  of  ballots  with  specimen  ballots,  Llive^ry? '    ' 
cards  of  instruction,  and  copies  of  any  proposed  amendment  HH]  t\l',  ^^^' 
to  the  constitution,  required  by  law  to  be  provided  by 
him,    separately  and  at   difterent  times    or  by  different 
methods,   to  the  several  city  and   town    clerks,   so  that 
both  sets  shall  be  received  by  the  clerks  twelve  hours,  at 
least,  previous  to  the  day  of  election.    In  the  case  of  each    pacisi"g- 
set,  the  ballots  for  voters  shall  first  be  enclosed  in  one 
package  and  sealed  and  marked  with  the  number  of  l)allots 
of  each  kind  enclosed,  and  the  accompanying  specimen 
ballots,  cards  of  instruction  and  copies  of  constitutional 
amendments,  if  any,  shall  be  enclosed  in  another  package  ; 
and   the   whole  set   shall  be  further  enclosed  in  a  single 
package  with  marks  on  the  outside  indicating  its  contents 
and  clearly  designating  the  polling  place  for  which  it  is 
intended.     The  respective  city  and  town  clerks  shall,  on    receipts, 
delivery  to  them  of  such  packages,  return  receipts  there- 


1204 


Acts,  1893.  — Chap.  417. 


Ballots,  etc., 
record. 


city  election, 
packing. 
1889,413,  §17; 
1892,  316. 


town  election, 
packing. 
1890,  386,  §12. 


delivery  at 
polls,  state  and 
city  election. 
1889,413,  §18; 
1890,386,  §14; 
436,  §8. 


receipt,  rec- 
ord. 


second  set. 


town  election. 


for  to  the  secretary.  The  secretary  shall  keep  a  record 
of  the  time  when,  and  manner  in  which,  the  several 
packages  are  sent,  and  shall  preserve  for  the  period  of 
one  year  the  receipts  of  the  city  and  town  clerks. 

Section  142.  The  city  clerk  of  each  city  shall  cause 
the  two  sets  of  ballots  and  cards  of  instruction  and  specimen 
ballots  provided  by  him  for  a  city  election,  to  be  sepa- 
rately packed.  In  the  case  of  each  set,  the  ballots  for 
voters  shall  tirst  be  enclosed  in  one  package  and  sealed 
and  marked  with  the  number  of  ballots  of  each  kind 
enclosed,  and  the  accompanying  specimen  ballots  and 
cards  of  instruction  shall  be  enclosed  in  another  package ; 
and  the  whole  set  shall  be  further  enclosed  in  a  single 
package  with  marks  on  the  outside  indicating  its  contents 
and  clearly  designating  the  polling  place  for  which  it  is 
intended. 

Section  143.  The  town  clerk  of  every  town  in  which 
ballots  for  town  officers  have  been  by  law  provided  at  the 
expense  of  the  town,  shall  cause  the  ballots,  with  speci- 
men ballots  and  cards  of  instruction  to  be  packed  in 
separate  packages  with  marks  on  the  outside  indicating 
their  respective  contents ;  and  the  packages  of  ballots  for 
voters  shall  also  be  sealed  and  marked  with  the  number 
of  ballots  of  each  kind  enclosed. 

Section  144.  The  city  or  town  clerk  of  each  city  and 
town  shall,  on  the  day  of  every  state  and  city  election, 
before  the  opening  of  the  polls,  send  to  the  election 
officers  of  each  polling  place  therein,  one  set  of  ballots 
with  accompanying  specimen  ballots,  cards  of  instruction 
and  copies  of  proposed  amendments  to  the  constitution, 
if  any,  which  have  been  furnished  and  marked  for  such 
polling  place  ;  and  a  receipt  for  the  delivery  thereof  shall 
be  returned  to  the  clerk  from  the  presiding  or  senior 
election  officer  present  at  the  polling  place,  which  receipt, 
with  a  record  of  the  number  of  ballots  sent,  shall  be  kept 
in  the  clerk's  office  for  the  period  of  one  year.  The 
second  set  of  ballots  shall  be  retained  by  the  city  or  town 
clerk  until  they  are  called  for,  for  the  purposes  of  voting ; 
and,  upon  the  requisition  in  writing  of  the  presiding  elec- 
tion officer  of  any  polling  place,  the  second  set  of  ballots 
shall  be  furnished  to  such  polling  place  in  the  manner 
above  provided  as  to  the  tirst  set.  When  ballots  are 
provided  for  the  election  of  town  officers  in  a  town  at  the 
expense  of  the  town,  the  town  clerk  shall  deliver  all  such 


Acts,  1893.  — Chap.  417.  1205 

ballots,  ami  the  specimen  ballots  and  cards  of  insti^uction 
at  the  polliniT  place  ou  the  day  of  the  election  before  the 
opeuiuij;  of  the  polls. 

Sectiox  143.     In  case  the  ballots  to  be  furnished  to  any  Baiiots, 
pollino;  place  in  a  city  or  town,  in  accordance  with  the  preparatfon. 
provisions  of  this  act,  shall  for  any  reason  fail  to  be  duly  ^^^^'  ■*^^'  ^^^' 
delivered,  or  in  case  after  delivery  they  shall  be  destroyed 
or  stolen,  it  shall  be  the  duty  of  the  clerk  of  such  city  or 
town  to'  cause  other  ballots  to  be  prepared  substantially  in 
the  form  of  the  ballots  so  to  be  furnished  and  wanting ; 
and   upon  receipt  of   such  other  ballots  fi'om  the  clerk,     delivery  and 
accompanied  by  a  statement  by  him  under  oath  that  the 
same  have  been  so  prepared  and  furnished  by  him,  and 
that  the  original  ballots  have  so  failed  to  be  received  or 
have  been  so  destroyed  or  stolen,  the  election  officers  of 
such  polling  place  shall  cause  the  ballots  so  substituted  to 
be  used  instead  of  the  ballots  wanting  as  above. 


TITLE    V. 
1.     Calling  of  Electioxs. 

Sectiox  146.     The  annual  state  election  for  the  choice  Annual  state 
of  governor,  lieutenant  governor,  councillors,  secretary,  officerB°to'^b'e^' 
treasurer  and  receiver  general,  auditor,  attorney-general,  JsooT^ss,  §§147, 
and  senators  and  representatives  in  the  general  court  shall  leo.no,  171, 
be  held  on  the  Tuesday  next  after  the  first  ]Monday  in 
November,  as  prescribed  in  the  constitution.     There  shall 
likewise  be  chosen    at  the    annual   state  election,  in  the 
years  in  which  such  officers  are  by  law  respectively  to  be 
chosen,   electors  of  president   and  vice  president  of  the 
United  States,  and,  in  their  respective  districts  or  coun- 
ties, representatives  in  Congress,  district  attorneys,  clerks 
of  the  courts,  registers  of  probate  and  insolvency,  regis- 
ters of  deeds,  commissioners  of  insolvency,  county  com- 
missioners,    special    commissioners,  sheriffs,  and  county 
treasurers. 

Section  147.     ]Meetino:s  of  the  qualified  voters  of  each  caiis  for  eiec 

/.,-!,.  /.      ^  m  in-  rr-  tions  in  Cities. 

city  lor  the  election  01  state  officers  and  or  city  officers,  is9o,  423,  §§67, 
shall,  subject  to  the  provisions  of  this  act,  be  called  by 
order  of  the  board  of  aldermen ;  and  the  city  clerk  of 
every  city,  except  the  city  of  Boston,  shall,  under  the 
direction  of  such  board,  cause  notice  of  every  such  meet- 
ing to  be  printed  in  one  or  more  newspapers  published  in 


1206 


Acts,  1893.  — Chap.  417. 


Calls  for  elec- 
tions, in  towns. 


in  all  cases. 


to  specify, 
officers,  ques- 
tions, etc. 
1890,  386,  §3 ; 
423,  §§67,  68, 148, 
165,  171 ;  1891, 
314;  1892, 124,§1. 


time  of  open- 
ing and  closing 
polls. 


In  cities,  time 
of  opening  and 
closing  meet- 
ings, etc. 


In  towns,  time 
of  opening  and 
closing  meet- 
ings, etc. 


such  city,  and  also  to  be  conspicuously  posted  in  the  office 
of  the  city  clerk ;  and  the  city  clerk  of  the  city  of  Boston 
shall,  under  the  direction  of  the  board  of  aldermen,  cause 
notice  of  every  such  meeting  to  be  printed  in  at  least  four 
daily  newspapers  published  in  said  city.  Notices  of  meet- 
ings, given  as  aforesaid,  shall  be  in  lieu  of  the  notices  or 
warrants  for  election  which  may  l)e  required  in  any  city 
by  special  statutes  relating  thereto,  and  warrants  or  other 
notices  of  such  meetings  shall  not  be  required.  Meetings 
of  the  qualitied  voters  of  each  town  for  the  election  of 
state  officers  and  of  town  officers  shall,  except  as  other- 
wise provided  in  this  act,  be  called  as  ordered  b}^  the 
town,  subject  to  the  provisions  in  title  ten  of  this  act 
for  the  callinor  and  holding  of  town  meetino-s  in  towns. 
Meetings  for  the  annual  state,  city  and  town  elections, 
shall,  however,  in  all  cases  l^e  called,  as  above  provided, 
at  least  seven  days  before  the  day  prescribed  for  the  hold- 
ing thereof. 

Sectiox  148.  All  notices  or  warrants  for  meetings  for 
the  election  of  state  and  city  officers,  and  for  the  election 
of  town  officers  for  which  ballots  are  provided  at  the 
expense  of  the  town,  shall  specify  what  officers  are  to 
be  elected  or  voted  for  at  such  meetings,  and  whenever  a 
proposed  amendment  to  the  constitution  or  other  ques- 
tion is  to  be  submitted  to  the  people,  shall  contain  a  copy 
of  the  proposed  amendment  printed  in  full  and  of  any  other 
question  so  to  be  submitted.  They  shall  specify  the  time 
when  the  polls  for  the  choice  of  the  several  officers  will 
be  opened,  and  they  shall  further  specify  in  cities,  when 
the  polls  w^ill  be  closed,  and  in  towns  when  they  may  be 
closed. 

In  cities,  meetings  for  the  election  of  state  and  city 
officers  may  be  opened  as  early  as  six  o'clock  in  the  fore- 
noon, and  shall  be  opened  as  early  as  ten  o'clock  in  the 
forenoon.  The  polls  shall  be  kept  open  six  hours  at  least, 
but  in  no  case  shall  l^e  kept  open  after  the  hour  of  sunset, 
except  as  provided  in  section  one  hundred  and  fifty-four 
of  this  act. 

In  towns,  meetings  for  the  election  of  state  officers  may 
l)e  opened  as  early  as  si-x  o'clock  in  the  forenoon,  and 
shall  be  opened  as  early  as  twelve  o'clock,  noon.  The 
polls  shall  be  kept  open  four  hours  at  least,  and  until  the 
time  specified  in  the  warrant  when  they  may  l>e  closed ; 
and  they  may  be  opened  for  such  longer  time  as  the  ma- 


Acts,  1893.— Chap.  417.  1207 

jority  of  the  voters  present  shall  by  vote  direct,  but  they 
shall  not,  except  as  provided  in  said  section  one  hundred 
and  tiity-four,  he  kept  open  after  the  hour  of  sunset ;  and 
after  an  announcement  has  been  made  by  the  presiding 
officer  of  a  time  so  fixed  by  vote  for  closing,  such  time 
shall  not  be  changed  to  an  earlier  hour.  In  meetings  for 
the  election  of  town  othcers  as  aforesaid,  the  polls  shall 
be  kept  open  four  hours  at  least. 


2.     Conduct  of  Elections. 

Section  149.     The  presiding  election  officer  at  each  state  and  city 

,T  1  .  -J  j^  ''ill  ^1  1  i>  elections,  post- 

polling  place  in  a  city  or  town  shall,  on  the  day  ot  any  ing  of  instruc- 

election  of  state  or  city  officers,  before  the  opening  of  the  i8°89!'4S'§i8; 

polls,  open  the  package  containing  the  cards  of  instruction,  ^^f^^"^'  ^"' 

specimen  ballots  and  copies  of  any  proposed  amendments 

to  the    constitution,  which  have  been  received  for  such 

polling   place,    and  shall  cause  not  less  than  three  such 

cards  and  three  such  copies,  if  any,  and  not  less  than  five 

specimen  ballots  to  be  posted  in  and  about  the  polling 

place  outside  the  guard  rail,  and  shall  also  cause  the  cards 

of  instruction    and  a  copy  of  any  proposed  amendment 

to  be  posted  at  or  in  each  marking  shelf  or  compartment 

inside  the  guard  rail.     The  presiding  election  officer  at  each  banotrto^baiiot 

polling  place  shall  at  the  opening  of  the  polls  at  any  such  cieriis. 

election  publicly  break  the  seals  of  the  packages  containing 

the  ballots  for  distribution  at  such  polling  place,  open  the 

packages,  and  deliver  the  ballots  to  the  ballot  clerks. 

In  elections  of  town  officers  in  towns,  for  which  ballots  Town  elections, 
have  by  law  been  provided  at  the  expense  of  the  town,  stniitions/etc. 
the  town  clerk   shall,  on  the  day  of  election,  before  the  ^^^^'  ^^'^'  ^^^' 
opening  of  the  polls,  cause  not  less  than  three  cards  of  in- 
struction  and   not  less  than  five  specimen  ballots  to  be 
posted    in  or  about  the  polling  place  outside  the  guard 
rail,  and  shall  cause  cards  of  instruction  to  be  posted  at 
or  in  each  marking  shelf  or  compartment  inside  the  guard 
rail.      The  town  clerk  shall  likewise  on  the  day  of  elec-  ^  delivery  of 

^     ,  HIT  1         1      11  ballots  to  ballot 

tion,  before  the  opening  ot  the  polls,  deliver  the  ballots  cierijs,  receipt, 
to  the  ballot  clerks,  who  shall  receipt  therefor,  and  their 
receipt  shall  be  preserved  in  the  office  of  the  clerk  for  the 
period  of  one  year.  Xo  such  ballots  shall,  however,  be 
delivered  to  voters  until  a  moderator  has  been  chosen  in 
the  manner  provided  by  law\ 


1208  Acts,  1893.  — Chap.  417. 

state  ballot  SECTION  150.      The    State  ballot   boxes,   furnished   in 

boxes,  to  be  .    .  />     i   •  i      1 1   i 

used,  etc.  accordance  vriih.  the  provisions  ot  this  act,  shall  be  used 

85,95;  1893,146,  foi'  recclving  the  ballots  in  all  state  elections  in  cities  and 
^^'  towns,  in  all  city  elections,  in  all  elections  of  town  officers 

in  towns  for  which  ballots  are  provided  at  the  expense 
of  the  town,  and  also  in  taking  the  vote  upon  any  pro- 
posed amendment  to  the  constitution,  upon  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors, 
and  upon  any  other  question  submitted  by  statute  to  the 
voters  of  the  Commonwealth  or  of  any  city  or  town,  for 
which  ballots  are  by  law  provided  at   the    expense    of 
polisToTe"^  °^  the  Commonwealth,  or  of  any  city  or  town.     The  elec- 
ImT"'"^*"       tion  officers  at  each  polling  place  shall,  at  the  opening 
of  the  polls  and  before  any  ballots  are  received,  publicly 
open  the  ballot  box,  and  ascertain  by  personal  examination, 
and  publicly  show  that  the  same  is  empty,  and  shall  immedi- 
record,  cub-     atcly  thereafter  lock  or  fasten  the  box.     The  clerk  of  the 
°  y  °    ^y-       precinct  or  town  shall  make  a  record  of  the  condition  of 
the  box  register,  and,  if  a  key  is  used,  it  shall  be  taken 
and  retained  by  the  police  officer  or  constable  in  attend- 
to  be  in  pubUc  ance  at  the  polling  place.     The  ballot  box  shall  not,  after 
it  is  shown  to  be  empty,  be  removed  from  public  view 
until  all  ballots  have  been  removed  therefrom  and  the  box 
movarof  bkno'ts,  has  been  relocked  or  sealed.     No  ballot  shall  be  removed 
*"=•  from  the  ballot  box  while  the  polls  are  open,  and  the  box 

shall  not  be  opened  until  the  polls  are  closed,  except  that, 
in  order  to  make  room  for  the  deposit  of  all  the  ballots  cast, 
the  presiding  officer  may,  in  the  presence  of  all  the  election 
officers,  open  the  box  and  pack  and  press  down  the  ballots 
therein,  and  except  further  that,  both  in  towns  and  pre- 
cincts of  towns,  the  ballot  box  may  be  opened  and  ballots 
taken  therefrom  for  counting,  whenever  it  is  deemed  neces- 
sary or  advisable  so  to  do  in  the  unanimous  judgment  of 
the  selectmen  and  town  clerk,  or  in  the  judgment  of  both 
the  moderator  and  town  clerk  of  the  town,  as  the  case  may 
be,  or  in  the  unanimous  judgment  of  the  election  officers 
of  the  voting  precinct  of  the  town. 
pre°iding^^  °^  "^^^^  presiding  officer  of  each  polling  place  of  a  city  and 
officer,  return,  towu  shall  havc  chargc  of  the  ballot  box  and  ballot  box 
seal,  and  shall,  at  the  close  of  each  election,  return  the 
same,  either  personally  or  by  the  hand  of  the  police  officer 
or  consta))le  in  attendance  at  the  polling  place,  to  the  city 
or  town  clerk. 


Acts,  1893.  — Chap.  417.  1209 

If  for  any  cause  it  shall  become  iinpossil)le  at  any  such  box'esl'proceed. 
election,   or  in  takinof  any  such  vote,   to  use  the   state  ingswhenim. 

1      11         1  •  1      I'l  1    •  1  poaHlble  to  use. 

ballot  box,  the  votniir  shall  proceed  m  such  manner  as  the 
presiding  otiicer  of  such  })olling  place  shall  direct,  and  in 
such  case  the  clerk  thereof  shall  make  a  record  of  the 
facts  pertaining  to  the  failure  to  use  such  ballot  box,  and 
shall  enclose  an  attested  copy  of  such  record  in  the  en- 
velope with  the  ])allots  cast  at  such  election  or  in  taking- 
such  vote.  The  foregoing  provisions  as  to  the  use  and  app'irto'sSb.'" 
custody  of  the  state  ballot  box  shall,  so  far  as  applicable,  stuute. 
appl}''  to  the  ballot  box  substituted  therefor. 

Section  151.     One  of  the  voting   lists  of  the  voting  voting  lists, 
precinct  or  town,  as  the  case  may  ])e,  transmitted  by  the  nteJ"'^^^'^ 
registrars  of  voters,  shall  be  delivered  to  the  ballot  clerks,  22fi89o,' lie,"' 
and  the  other  voting  list  shall  be  delivered  to  the  election  S^^-  423,  §90. 
officers  in  charge  of  the  ballot  box,  and  such  lists  shall 
be  used  by  them  respectively  in  checking  the  names  of 
voters  l)oth  when  receiving  their  ballots  and  when  deposit- 
ing their  ballots.     The  oliicers  in  charge  of  the  ballot  box  Political  repre- 
and  of  the  voting  list  used  thereat  shall  be  of  difierent  Indust"."^^ 
political  parties. 

Sectiox  152.     Xoelectionofficer  shall,  before  the  public  statements  not 
declaration  of  the  vote  at  an  election,  make  any  statement  to dlJiaratio "of 
of  the  number  of  ballots  cast,  the  numljer  of  votes  given  i89o,'423,  §123. 
for  any  person,  the  name  of  any  person  who  has  voted, 
the  name  of  any  person  which  has  not  been  voted  on,  or 
of  any  other  fact  tending  to  show  the  state  of  the  polls. 

Section'  153.     Ko   persons,   other   than   the   election  Persons per- 

ff,  •  1.  I'jji*  1  mitted  inside  of 

oliicers,  supervisors,  and  voters  admitted  in  accordance  guard  raii. 
with  the  provisions  of  this  act,  shall,  during  the  progress  ^^s^- ^i^,  §21. 
of  an  election  and  until  public  declaration  of  the  vote  has 
been  made,  be  permitted  inside  the  guard  rail,  except  by 
authority  of  the  election  officers  for  the  purpose  of  keep- 
ing order  and  enforcing  the  law. 

Section  154.     Ko  more  than  four  voters,  besides  elec-  voters  allowed 
tion  officers    and  supervisors,  in  excess  of  the    number  ^u/°  ^^^"^ 
of  marking  shelves  or  compartments  provided,  shall  be  i^^-'- "3,  §22. 
allowed  at  one  time  within  the  space  enclosed  by  the  guard 
rail,  and  except  the  election  officers  and  supervisors,  no 
voters  shall  be  admitted  therein  after  the  time  fixed  for 
closing  the  polls,  but  voters  previously  admitted  shall  be  Time  for 
allowed  a  period  not  exceeding  five  minutes  succeeding  bauots'a"  close 
the  time  so  fixed,  within  which  to  deposit  their  ballots.        ofpoiu. 


1210  Acts,  1893.  — Chap.  417. 


Regulations  for       Section  155.     The  boai'd  of  aldermen  of  a  city  and 

receiving  ,      ^ 

ballots.  the  selectmen  of  a  toAvn  may  make  such  regulations,  not 

inconsistent  with  the  provisions  of  this  act,  in  regard  to 

the  receiving  of  ballots,  as  they  may  deem  expedient. 

rfflc1rl?|enerai       Section  156.     The  presiding  officer  at  each  polling  place 

powers  and        jj^  g^  ^.jty  q^  towu,  for  the  time  beino;    shall  secure  the  ob- 

QUties.  •/  '  ..  ,,*-;.,  ,. 

1889, 413,  §23;  scrvauce  of  all  the  provisions  ot  this  title  relative  to  the 
'  '  "''"  duties  of  election  officers.  He  shall  possess  full  authority 
to  maintain  regularity  and  order  and  to  enforce  obedience 
to  his  lawful  commands,  during  an  election,  and  during  the 
canvass  and  counting  of  the  votes  after  the  closing  of 
the  polls,  and  shall  have  full  authority  to  preserve  peace 
and  good  order  at  and  around  the  polling  place  and  to 
keep  the  access  thereto  open  and  unobstructed,  and  he 
may  require  any  police  officer,  constable  or  other  person 
present  to  communicate  his  orders  and  directions,  and  to 
assist  in  the  enforcement  of  such  authority. 

Police  officers,        Section  157 .    Thc  board  or  officer  in  charge  of  the  police 

6tc>   to  DrcscrvG  ^-^  ^ 

order,  etc.         forcc  of  cach  city  and  town  shall  detail  a  sufficient  num- 

'  ' '    "  '    ber  of  police  officers  or  constables  who  shall  be  stationed 

at  each  polling  place  in  the  city  or  town  at  every  election 

therein,  to   preserve  order  and  to   protect   the    election 

officers  and  supervisors   from   any  interference  with   or 

obstruction  in  the  performance  of  their  respective  duties, 

and  to  aid  in  enforcing  the  provisions  of  this  act. 

TrTavVg'nquo^r^      Section  158.     Any  person  who,  during   an   election 

?emov°ed^  or  town  meeting,  shall,  in  a  polling  place   or  place  of 

1890, 423,"  §139.    such  meeting,  smoke  or  have  in  his  possession  a  lighted 

pipe,  cigar  or  cigarette,  or  carry  into  any  such  place  or 

keep  therein  any  intoxicating  liquor,  shall  be  deemed  guilty 

of  disorderly  conduct ;  and  the  presiding  officer  at  such 

election  or  meeting  shall  order  a  person  so  oflending  to 

remove  any  such  pipe,  cigar,  cigarette,  or  liquor,  or  to 

withdraw  from  such  place,  and  shall  cause  any  person  who 

refuses  or  fails  to  obey  such  order  to  be  removed  from  such 

polling  place  or  place  of  meeting. 

deufnedVetc.!         Section  159.     If  a  pcrson  shall  at  an  elcction  rcfusc  to 

but  not  pro-       obey  the  lawful  commands  of  the  presiding  officer  at  a  poU- 

hibited  from  ,•/,  ^  .'~.  '■ 

voting.  inof  place,  or,   by  disorderly  conduct  in  tlie  presence  or 

1890    4*^3    51^7  Ol''*^  •^  ^  *■      ^ 

'  '  '  '  '  hearing  of  an  election  officer,  shall  interrupt  or  disturb  his 
proceedings,  the  presiding  officer  may  make  an  order  direct- 
ing any  constable  or  police  officer,  or  other  person,  to  take 
the  person  so  offending  into  custody  and  detain  him  until 
the  final  canvass  and  countinsf  of  the  votes  shall  be  com- 


Acts,  1893.  — Chap.  417.  1211 

plotcd,  unless  the  presiding  officer  shall  order  his  previ- 
ous release ;  l)iit  such  order  of  detention  shall  be  so 
enforced  as  not  to  prohibit  the  person  so  taken  into 
custody,  if  a  voter  at  such  polling  place,  from  voting 
at  such  election. 

Section  160.     The  presiding  officer  at  a  polling  place,  Duties  of 
or  such  other  election  officer  as  may  be  cognizant  thereof,  °a'w  L' vi'ohaed. 
shall  forthwith  report  to  the  police  officer   or   constable  ^^^^'  ^^^'  ^'^''• 
in  attendance  at  the  polling  place,  any  violation  of  the 
provisions  of  this  title,  and  such  police  officer  or  consta- 
ble shall  see  that  the  ofl'ender  is  duly  brought  before  the 
proper  court. 

3.     Ma^t^r  of  Voting. 

Section  161.  A  person,  when  desiring  to  vote  at  an  voung,  giving 
election  for  which  ballots  are  provided  at  the  expense  nvery^o^' ballot, 
of  the  Commonwealth  or  of  a  city  or  town  under  11%^  413^  522. 
the  provisions  of  this  act,  shall,  at  the  polling  place 
for  which  he  is  registered  as  a  voter,  give  his  name, 
and  if  requested  so  to  do,  his  residence  to  one  of  the 
ballot  clerks,  who  shall  thereupon  announce  the  same  in 
a  loud  and  distinct  tone  of  voice,  clear  and  audible  ;  and 
if  such  name  is  found  upon  the  voting  list  by  the  ballot 
clerk  having  charge  thereof,  the  ballot  clerk  shall  likewise 
repeat  the  name,  and  the  voter  shall  then  be  allowed  to 
enter  the  space  enclosed  by  the  guard  rail.  The  ballot 
clerk  shall  give  him  one,  and  only  one,  ballot,  and  the 
name  of  the  voter  shall  be  immediately  checked  on  the 
voting  list.  If  the  voter  is  a  woman,  she  shall  receive  a 
special  ballot  containing  the  names  of  candidates  for  school 
committee  only. 

Section  162.  The  voter  on  receiving  his  ballot,  shall  bauot^"^'"^"^ 
forthwith  and  without  leaving  the  enclosed  space,  retire  isss,  413,  §23. 
alone  to  one  of  the  marking  shelves  or  compartments,  and 
shall,  except  in  the  case  of  voting  for  electors  of  president 
and  vice  president,  prepare  his  ballot  by  marking  in  the 
square  a  cross  [X]  at  the  right  of  the  name  and  desig- 
nation, if  any,  of  the  candidate  of  his  choice  for  each 
office  to  be  filled,  or  by  inserting  the  name  of  the  candi- 
date of  his  choice  in  the  blank  space  provided  therefor, 
and  marking  a  cross  [X]  in  the  square  at  the  right  of  the 
same  ;  and,  in  case  of  a  question  submitted  to  the  vote  of 
the  people,  by  marking  a  cross  [XJ  in  the  square  at  the 
riofht  of  the  answer  which  he  desires  to  give. 


1212 


Acts,  1893.  — Chap.  417. 


Voting,  for  preB- 
idential  electors. 
1892,  279,  §2. 


aBsiBtance  in 
marking. 
1891,238. 


officers'  cer- 
tificate. 


declaration  of 
disability  under 
oatb. 


certain  marks 
probibited. 
1389,413,  §27; 

1892,  368. 


Section  163.  A  voter,  who  desires  to  vote  for  an  entire 
group  of  candidates  for  electors  of  president  and  vice  pres- 
ident of  the  United  States,  shaU  mark  a  cross  [X]  in  the 
square  at  the  right  of  the  party  or  political  designation 
immediately  above  such  gi'oup,  and  such  cross  [XJ  shall 
count  as  a  vote  for  each  candidate  in  such  group.  If  a 
voter  desires  not  to  vote  for  one  or  more  candidates 
in  the  group  for  which  he  marks,  he  may  erase  the  name 
of  such  candidate  or  candidates,  and  the  cross  [X]  in  the 
square  above-mentioned  shall  count  as  a  vote  for  each  of 
the  other  candidates  in  such  group.  When  a  voter  desires 
to  vote  for  another  person,  in  place  of  a  candidate  whose 
name  he  has  erased,  he  may  insert  in  one  of  the  blank 
spaces  at  the  end  of  the  groups  of  candidates  for  electors, 
the  name  of  the  person  of  his  choice,  and  mark  a  cross 
[X]  in  the  square  at  the  right  of  such  name.  A  voter 
who  does  not  mark  for  any  group  of  candidates,  may  vote 
for  one  or  more  candidates  for  electors,  up  to  the  whole 
number  to  be  elected,  by  inserting  a  name  or  names  in  one 
or  more  of  the  blank  spaces  at  the  end  of  the  groups  of 
electors,  and  marking  a  cross  [X]  in  the  square  at  the 
right  of  each  name  so  inserted. 

Section  164.  A  voter  who  declares  to  the  presiding 
officer,  that  he  was  a  voter  before  the  first  day  of  May 
in  the  year  eighteen  hundred  and  fifty-seven,  and  cannot 
read,  or  who  declares  that  by  blindness  or  other  physical 
disability  he  is  unable  to  mark  his  ballot,  shall,  upon 
request,  be  assisted  in  the  marking  thereof  by  one  or  two 
of  the  election  officers,  which  officer  or  officers  shall,  if 
requested  by  him,  be  of  such  political  party,  represented 
among  the  election  officers,  as  the  voter  may  designate ; 
and  the  officer  or  officers  so  assisting  shall  certify  on  the 
outside  of  the  ballot,  that  it  was  so  marked  with  his  or 
their  assistance,  and  shall  thereafter  give  no  information 
regarding  the  same.  The  presiding  officer  shall  require 
such  declaration  of  disability  to  be  made  before  him  by  the 
voter  under  oath,  and  he  is  hereby  qualified  to  administer 
such  oath. 

Section  165.  No  voter  shall  place  any  distinguishing 
mark  upon  his  ballot,  and  no  person  shall  place  any  mark 
against  any  name  upon  a  ballot  not  cast  l)y  himself,  and 
no  election  officer  or  other  person  shall  place  upon  such 
a  ballot  any  distinguishing  mark  whatsoever,  except  as 
authorized  by  the  provisions  of  this  act. 


Acts,  1893.  — Chap.  417.  1213 

Section  10(5.     If  a  voter  spoils  a  ballot,  he  may  succes-  voting,  Bpoiieci 

,  ,        .  ,  1.  !.•  '    i  •  ballot, obtaining 

sively  ol)tain  two  others,  one  at  a  time,  upon  returning  others,  cancei- 
each  spoiled  one,  and  all  ballots  so  returned,  shall  be  issg "413,  §24. 
immediately  cancelled  by  the  election  officers. 

Section   167.    Before  leaving  the  marking  shelf  or  com-    baiiottobe 
partment,  the  voter  shall  fold  his  l)allot,  without  display-  i889?'4'i3r§23. 
ing  the  marks  thereon,  in  the  same  way  in  which  it  was 
folded  when  received  by  him,  and  he  shall  keep  the  same 
so  folded  until  he  has  voted.     No  voter  shall  be  allowed  in^^cioelT"' 
to  occupy  a  marking  shelf  or  compartment  already  occu-  space,  etc. 
pied  by  another,   nor  to  remain   in  such  enclosed  space 
more  than  ten  minutes,  nor  to  occupy  a  voting  shelf  or 
compartment  for  more  than  five  minutes,  in  case  all  of  the 
marking  shelves  or  compartments  are   in  use  and  other 
voters  are  waiting  to  occupy  the  same. 

Section  168.     A  voter  after  marking  his  ballot  shall  at  lof  g^vtng"^^^'' 
once  proceed  to  deposit  the  same  in  the  ballot  box,  shall  i3g™*'ii3°".K23 
let  no  one  see  his  ballot  so  as  to  know  how  he  is  about  to  26, 27;i89u,  423, 
vote,  and,  upon  so  offering  to  vote,  he  shall  give  his  name 
and  if  requested  so  to  do,  his  residence,  to  the  presiding 
oflficer,  who  shall  thereupon  announce  the  name  in  a  loud 
and  distinct  tone  of  voice,  clear  and  audible ;  and  if  such 
name  is  found  upon  the  voting  list  by  the  election  officer 
having  charge  thereof,  he   shall,  in  a  loud  and  distinct 
tone  of  voice,    clear  and  audible,   repeat  the    name  and 
check  it  upon  the  voting  list ;  and  the  voter  may  then  de- 
po^sit  his  ballot  in  the  ballot  box,  which  he  shall  do  with 
the    official   endorsement   uppermost   and   in   sight.     No     nonebutoffi. 
ballot  without  the  official  endorsement,  except  as  other-  allowed,  etc. 
wise    provided    in    section    one    hundred    and    forty-five 
of  this    act,    shall   be    allowed   to   be   deposited   in   the 
ballot  box.     No  person  shall  so  vote  whose  name  is  not  tob°e*c^ecked'on 
on  the  voting  list,  nor  until  the  election  officer  as  above  ust  or  certm- 
shall  find  and  check  his  name  thereon,  unless  such  person 
presents  a  certificate  from  the  registrars  of  voters  as  pro- 
vided by  section  sixty-six  of  this  act,  which  certificate 
shall  be  checked  as  therein  required. 

Section   169.     A  voter  who  has  entered  the  space  en-    to  be  without 
closed  by  the  guard  rail,  shall  mark  and  deposit  his  ballot  noiYo'be^re*-* 
without  undue  delay,  and  shall  leave  such  enclosed  space  r8S9,*4i3?§§23, 
as  soon  as  he  has  voted.     A  voter  who  has  been  given  a  ^*- 
ballot  for  the  purpose  of  voting,  shall  deposit  it  in  the 
ballot  box,   or  shall  return  it  to  a  ballot  clerk ;  and  no 
person  shall  take  or  remove  any  ballot  from  the   polling 


1214 


Acts,  1893.  — Chap.  417. 


Voting,  voter 
not  to  reenter 
enclosed  space. 


proceedings 
when  vote  is 
challenged. 
1890,  423,  §92; 
1892,  332,  §1. 


certain  ballots 
not  to  be  re- 
ceived. 

statements  not 
be  made  regard- 
ing challenged 
votes. 


place  or  outside  the  guard  rail,  before  the  close  of  the 
polls.  No  voter,  other  than  an  election  officer  and  super- 
visor, who  has  once  entered  such  enclosed  space,  and 
whose  name  has  been  checked  on  the  voting  list  in 
charge  of  the  ballot  clerk,  shall  be  allowed  to  reenter 
such  enclosed  space  during  the  election. 

Section  170.  If  in  any  state  or  city  election,  or  town 
election  in  which  Ijallots  are  provided  at  the  expense  of 
the  town,  the  right  of  a  person  ofiering  to  vote  is  chal- 
lenged for  any  cause  recognized  by  law,  the  presiding 
officer  shall  require  the  name  and  residence  of  the  person 
so  offering  to  vote,  to  be  written  by  himself  or  by  some 
one  in  his  behalf,  on  tlie  outside  of  the  ballot  so  offered, 
and  the  presiding  officer  shall  add  thereto  the  name  of 
the  person  so  challenging  and  the  assigned  cause  for  which 
the  challenge  is  made,  before  such  ballot  shall  be  received  ; 
Init  nothing  in  this  section  shall  be  construed  as  permit- 
ting election  officers  to  receive  any  ballot  which  by  law 
they  are  required  to  refuse.  No  election  officer,  otherwise 
than  as  above  required  or  permitted,  and  no  person  other 
than  an  election  officer  shall  make  any  statement  or  give 
any  information  in  regard  to  a  ballot  cast  by  a  voter  so 
challenged  at  any  such  election,  except  as  required  bylaw. 


State  blanks 
and  apparatus, 
to  be  used,  etc. 
1891,  328,  §§1,  2. 


proceedings 
whenimpossible 
to  use. 


4.     Counting  of  Votes. 

Section  171.  The  blank  forms  and  apparatus  pro- 
vided by  the  secretary  of  the  Commonwealth,  in  accordance 
with  the  provisions  of  this  act,  shall  be  used  in  ascertain- 
ing the  result  of  the  election  or  vote  in  all  state  elec- 
tions in  cities  and  towns,  in  all  city  elections,  in  all 
elections  of  town  officers  in  towns  for  which  ballots  are 
provided  at  the  expense  of  the  town,  and  also  in  taking 
the  vote  upon  any  proposed  amendment  to  the  constitu- 
tion, upon  the  question  of  granting  licenses  for  the  sale  of 
intoxicating  liquors,  and  upon  any  other  question  sub- 
mitted by  statute  to  the  voters  of  the  Commonwealth,  or 
of  any  city  or  town,  for  which  ballots  are  by  law  pro- 
vided at  the  expense  of  the  Commonwealth  or  of  any  city 
or  town.  If  however,  for  any  cause,  it  shall  become  im- 
possible at  any  such  election,  or  in  taking  any  such  vote, 
to  use  such  blank  forms  or  apparatus,  or  any  of  them,  the 
canvass  and  counting  of  the  votes  shall  proceed  in  such 
manner  as  the  presiding  officer  of  the  polling  place  shall 


Acts,  1893.  — Chap.  417.  1215 

diroc't  ;  and  in  such  Ccise,  the  clerk  thereof  shall  make  a 
record  of  tiie  facts  pertaining  to  the  failure  to  use  such 
blank  forms  or  apparatus,  and  shall  enclose  an  attested 
copy  of  such  record  in  the  envelope  with  the  ballots  cast 
at  such  election  or  in  taking  such  vote. 

Section  172.     At  every  election  and  in  the  taking  of  I'roceedings  at 

''  ~  close  of  polls. 

every  vote  at  which  the  state  ballot  box  and  blank  forms  1890,423,  §96: 

•J  _  _  ]8C)2  431  •  lS9o 

and  apparatus  are  used,  as  required  by  section  one  hun-  146,308.' 
dred  and  tifty  of  this  act  and  the  preceding  section,  the 
clerk  of  the  voting  precinct  or  town,  as  the  case  may  be, 
shall,  as  soon  as  the  polls  are  closed,  make  a  record  of  the 
ballot  box  register ;  the  election  officers  in  charge  of  each 
voting  list,  shall,  publicly  and  in  the  presence  of  the 
other  election  officers,  count  in  a  distinct  and  audible 
voice,  the  number  of  names  checked  on  each  list  and  an- 
nounce the  whole  number  of  names  checked  thereon ; 
and  the  ballot  box  shall  then  be  opened  by  the  presiding 
officer  and  the  ballots  shall  be  taken  therefrom.  The 
ballots  shall,  under  the  direction  of  the  presiding  officer,^ 
be  audibly  counted,  one  by  one,  and  when  the  counting  is 
completed,  the  whole  number  of  ballots  cast  shall  be  pub- 
licly announced  by  him.  The  ballots  shall  then  be  divided  ^a'iro'tir*  °' 
into  blocks  or  packages,  each  of  a  convenient  number  for 
canvassing  and  counting,  and,  except  as  hereinafter  in  this 
section  provided,  each  block  or  package  shall  be  canvassed 
and  counted  by  two  election  officers  representing  the  two 
leading  political  parties,  detailed  for  the  purpose  by  the 
presiding  officer ;  each  election  officer,  in  so  canvassing 
and  counting  votes,  shall  be  under  the  inspection  of  an 
election  officer  of  a  different  political  party ;  and  the  re- 
sult of  each  such  canvass  and  count  shall  be  reported  to 
the  presiding  officer,  who  shall  cause  each  such  result  to 
be  correctly  recorded  on  the  blank  forms  provided  by  law 
for  the  purpose.  At  state  elections  in  towns  not  divided  dMdeThno°* 
into  voting  precincts,  the  canvass  and  count  of  votes  voting  precincts. 
shall  be  made  by  the  selectmen  and  town  clerk,  who  may 
however,  be  assisted  by  tellers  appointed  in  accordance 
with  the  provisions  of  section  one  hundred  and  sixteen 
of  this  act.  The  clerk  of  the  voting  precinct  or  town,  aunounce. 
as  the  case  may  be,  shall,  when  the  total  result  of  etc. 
the  canvass  and  counting  of  votes  has  been  ascer- 
tained, make  public  announcement  thereof  in  open 
meeting,  and  shall,  in  open  meeting,  enter,  in  words  at 
lenirth  in  his  records,  the  total  number  of  names  of  male 


1216 


Acts,  1893.  — Chap.  417. 


Proceedings, 
ballots,  etc., 
to  be  in  view, 
etc. 


when  ballots 
are  taken  from 
box  before  cloee 
of  polls. 


Certain  ballots 
not  to  be 
counted. 

1889,  413,  §26; 

1890,  386,  §16; 
423,  §84. 


Defective 
ballots. 


and  female  voters  checked  on  the  voting  lists,  the  total 
number  of  btvllots  cast,  the  names  of  all  persons  voted  for, 
the  number  of  votes  received  for  each  person  and  the  title 
of  the  office  for  which  he  was  proposed,  the  number  of 
blank  ballots  for  each  office,  and  the  number  of  affirmative 
and  negative  votes  in  answer  to  any  question  submitted  to 
the  voters.  Each  clerk  of  a  voting  precinct  shall  forth- 
with make  a  copy  of  the  record  so  made  by  him,  seal  and 
certify  the  same,  and  deliver  it  to  the  city  or  town  clerk, 
who  shall  forthwith  enter  the  same  in  the  city  or  town 
records. 

The  checked  voting  lists  and  all  ballots,  after  being  re- 
moved from  the  ballot  box,  shall  be  kept  within  the  unob- 
structed view  of  the  voters  present  at  the  polling  place, 
until  they  have  been  enclosed  and  sealed  in  accordance 
with  the  provisions  of  this  act,  and  all  proceedings  in  the 
canvass  and  counting  of  votes  shall  l)e  public  and  within 
the  unobstructed  view  of  the  voters  as  aforesaid ;  and  no 
adjournment  or  postponement  shall  be  had  until  the  can- 
vass and  counting  are  fully  completed,  and  the  voting 
lists  and  ballots  have  been  enclosed  and  sealed  as  by  law 
provided. 

When  in  towns  and  precincts  of  towns,  the  ballots  are 
removed  from  the  ballot  box  before  the  closing  of  the  polls, 
in  accordance  with  the  provisions  of  section  one  liundred 
and  fifty  of  this  title,  the  canvass  and  counting  of  the  votes 
shall  thereupon  be  made,  subject  however  to  the  foregoing 
provisions  of  this  section. 

Section  173.  No  ballots  shall  be  counted  in  a.scertain- 
ingthe  result  in  any  election  or  in  the  taking  of  any  vote, 
in  which  the  use  of  a  state  ballot  box  is  required  in  accord- 
ance with  the  provisions  of  section  one  hundred  and  fifty 
of  this  title,  unless  they  have  been  deposited  in  such 
ballot  box  and  cancelled  thereby,  or  have  been  other- 
wise deposited  in  accordance  with  the  provisions  of  said 
section ;  and  no  ballots  shall  ])e  counted  in  any  election 
for  which  ballots  are  by  law  provided  at  the  expense  of 
the  Commonwealth  or  of  the  city  or  town,  unless  they 
have  been  provided  in  accordance  with  the  provisions  of 
this  act.  If  a  voter  marks  more  names  than  there  are 
persons  to  be  elected  to  an  office,  or  if  for  any  reason 
it  is  impossible  to  determine  the  choice  of  the  A'oter  for 
any  office  to  be  filled,  his  ])allot  shall  not  be  counted  for 
such  office.     Ballots  cast  but  not  counted,  for  any  pur- 


Acts,  1893.  — Chap.  417.  1217 

pose,  shall  l)e  marked  "defective,"  on  the  outside  there- 
of, and  shall  be  kept  and  preserved  the  same  as  ballots 
\vhieh  are  counted. 

Section  174.     The  presiding  officer  at  every  polling  Baiiots  cast  to 
place  in  a   city  or  town,  at  elections  of  state  and  cit}^  endTs'ld.^e^c. 
officers    and  at  elections  of  town  officers  in  towns,  for  26^^18%' IIb^' 
which  ballots  are  provided  at  the  expense  of  the  town,  f^^'-'goi'ip' 
shall  cause  all  the  ballots  cast,  after  they  have  been  duly  we.' 
canvas.sed  and  counted  and  record  thereof  has  been  made, 
publicly  to  be  enclosed  in  an  env^elope  and  sealed  with 
the  seal  l)y  law  provided  for  the  purpose,  and  also  with 
the  private  seal  of  any  election  officer  who  may  desire  to 
affix  the  same  ;  and  a  majority  of  the  election  officers  of 
the  voting  precinct  or  town  shall  endorse  upon  such  en- 
velope for   what  officers   and  in  what  polling  place   the 
ballots  were  cast,  and  the  date  of  the  election ;  and  they 
shall  make  a  certificate  on  the  envelope  that  all  the  bal- 
lots cast  for  state,  city  or  town  officers,  as  the  case  may 
be,  by  the  voters  of  such  precinct  or  town,   and  none 
other,  are  contained  in  such  envelope. 

The   presiding   officer  at   each  pollins:   place  in  every  voting  usts, 

1  T       ,•  Y    11  J.1  !•  t'^'i  1        J  1     unuaed  ballots, 

such  election  shall  cause  the  voting  lists  used  at  such  etc.,  to  be 
election  to  be  enclosed  in  an  envelope  and  sealed  as  tmid^^tc! '^^'^' 
aforesaid,  and  a  majority  of  the  election  officers  of  the 
voting  precinct  or  town  shall  certify  thereon  to  the 
identity  of  the  voting  lists  so  enclosed.  The  presiding 
officer  shall  likewise  cause  all  ballots  which  are  not 
distributed  to  voters  and  all  ballots  which  are  returned  by 
voters  and  cancelled,  to  be  enclosed  in  an  envelope  and 
sealed  as  aforesaid,  and  shall  make  a  certificate  on  the 
envelope  as  to  the  identity  of  such  undistributed  and  can- 
celled ballots. 

The  presiding  officer  shall  forthwith  personally  deliver  Baiiots,  iiets, 
to  the  city  or  town  clerk  or  transmit  to  him  by  the  police  cuforVown'^  *° 
officer  or  constable  in  attendance  at  the  election,  all  the  °^^'^^' 
ballots  cast,  all  undistributed  and  cancelled  ballots,  and 
the  voting  lists,  sealed   as  aforesaid,  together  with   the 
ballot  box,  ballot  box  seals,  and  counting  apparatus. 

Section  175.    The  city  clerk  of  a  city  mav,  after  a  voting  voting  iists, 

Tji  1  !•  •  •j_*'ij  'jji    copies  may  be 

list  has  been  used  m  any  voting  precinct  and  transmitted  furnished. 
to  him  in  accordance  with  the  preceding  section,  unseal       '  '"^' 
and  open  the  envelope  containing  such  voting  list  and  may 
make  a  copy  of  the  list  as  checked,  upon  written  appli- 
cation therefor,  signed  by  not  less  than  ten  legal  voters 


1218  Acts,  1893.  — Chap.  417. 

in  the  ward  of  which  such  precinct  forms  a  part.  In  like 
manner  the  town  clerk  of  a  town  may,  after  any  such 
voting  list  has  been  used  in  such  town  or  in  any  voting 
precinct  thereof,  unseal  and  open  the  envelope  containing 
such  list  and  may  make  a  copy  thereof  upon  written  a^Dpli- 
cation  therefor,  signed  by  not  less  than  ten  legal  voters  of 
Voting  lists,       such  town.     Immediately  after  any  such  voting  list  has 

to'  be  (iSfiin  «/  •/  o 

sealed,  certified,  bccn  SO  copicd,  the  city  or  town  clerk,  as  the  case  ma}''  be, 
shall  again  enclose  the  list  in  an  envelope  and  seal  the 
same,  and  shall  certify  on  the  envelope  to  the  identit}'  and 
original  condition  of  such  lists. 

Ballots  cast,  SECTION  17(3.     Evcry  city  and  towu  clcrlv  shall  rcccive 

custociv 

destruction,  etc.  the  envclopc  Containing  the  ballots  cast  at  an  election  and 
26;  1890,' lie', '    transmitted  to  him  in  accordance  with  the  preceding  sec- 
§§106,^161!"^'      tions,  and  shall  retain  the  same  in  his  custody  subject  to 
the  requirements  of  law,  and  until  such  requirements  have 
been  complied  with ;  and,  as  soon  as  may  be  thereafter, 
the  clerk  shall  cause  all  such  ballots  to  be  destroyed,  with- 
out examining  them  or  permitting  them  to  ])e  examined 
by  any  person  whatsoever,  and  sliall  make  an  entry  in 
the  city  or  town  records  that  all  such  ballots  have  ])een  so 
destroyed. 
Voting  lists.  Every  city  and  town  clerk  shall  retain  in  his  custodv 

unused  ballots,  .  ,.  -1  i-         m  n  1  ii      i    i      11        " 

etc.,  custody,      the  votiug  lists  and  undistributed  and  cancelled  ballots, 
isposi  ion,  e  c.  ^j.g^j^gjj^j|^^g(j;[  -(^q  [^Jj^  jj^  accorclaucc  with  the  provisions  of 

the  preceding  sections,  during  the  same  time  as  is  above 
required  by  law  for  the  preservation  of  ballots ;  and,  as 
soon  as  may  be  thereafter,  he  shall  transmit  such  voting 
lists  to  the  registrars  of  voters  of  the  city  or  town,  and 
the  registrars  shall  preserve  them  for  future  reference  in 
such  manner  as  they  may  deem  best.  The  clerk  shall 
cause  the  cancelled  ballots  to  be  destroj'ed  in  the  same 
manner  as  the  ballots  cast,  but  may  make  such  disposition 
of  the  undistributed  ballots  as  he  may  deem  proper. 

5.     Records  and  Certificates  of  Election. 
Record  not  to  be       Section  177.    In  determining  tlic  nuuiber  of  votcs  cast 

rejected  wnen  .  ^ 

votes  can  be       at  all  clcction,  uo  rccord  of  votes  cast  or  copy  of  any  such 
1890, 423,  §§'102,  record  shall  be  rejected  if  the  number  of  votes  given  for 

each  candidate  for  an  office  can  be  ascertained. 
■^rTcu!cTre°urnI       Section  178.    The  board  of  aldermen  and  the  city  clerk 
correction, etc'  ()f  evcry  city,  aiid  the  selectmen  and  town  clerk  of  every 
i892;i9o',  §1?  '    town  divided  into  voting  precincts,  shall  forthwith  after 


Acts,  1893.  — CuAr.  417.  1219 

every  stato  and  city  election  therein,  exumine  the  copies 
of  the  records  made  l)y  the  election  othcers  of  each  })re- 
cinct,  and  if  any  error  appears  therein,  they  shall  forth- 
Avith  give  notice  of  such  error  to  the  election  officers  by 
whom  the  error  has  been  made  ;  and  such  election  officers 
shall  forthwith  make  undtn'  oath  a  new  and  additional 
record  in  conformity  to  the  truth,  and  deliver  a  copy 
thereof  to  the  city  or  town  clerk ;  and  any  such  addi- 
tional copy  of  the  records  made  by  the  election  officers, 
Avhether  with  or  without  notice  as  aforesaid,  shall  be  re- 
ceived l)y  the  city  or  town  clerk  at  any  time  before  the 
expiration  of  the  day  preceding  the  last  day  on  which  such 
clerk  is  by  law  allowed  or  required  to  transmit  copies  of 
records  of  the  votes  cast  in  the  city  or  town,  or  within 
which  the  results  of  the  election  in  any  such  city  are  hy  law 
required  to  be  declared.    All  oriuinal  and  additional  coiiies  Examination  of 

f,i  1  1  1  '~   1      n   1  •         1   1        ji        precinct  returns, 

the  records  made  as  ahove,  shall  be  examined  by  the  records, 

board  of  aldermen  and  city  clerk  of  the  city,  or  by  the 

selectmen  and  town  clerk  of  the  town,  as  the  case  may  be, 

and  made  part  of  the  records  of  such  election  ;  and  in  cities     certification 

the  board  of  aldermen  and  city  clerk,  and  in  towns  the  °^  ''OP'®^- 

selectmen  and  tow^n  clerk  shall  certify  and  attest  copies 

of  the    records    of  votes   for   the    several  candidates,  in 

accordance  with  the  requirements  of  the  provisions  of  this 

act. 

Section  171).     The  city  or  town  clerk  of  every  city  and  ^ou"™to  secre- 

town  shall,  within  ten  days  from  the  day  of  any  election  tary.'etc. 

.1  '       c  j_    .-  ■  *^     T        .  1890, 423,  §§108, 

tnerem  lor  representative  in  congress,  governor,  lieuten-  lee. 
ant  governor,  councillor,  secretary,  treasurer  and  receiver 
general,  auditor,  attorney-general,  commissioners  of  insol- 
vency, clerk  of  courts,  register  of  probate  and  insolvenc}^, 
sheriif,  district  attorney,  or  senator,  or  for  electors  of 
president  and  vice  president  of  the  United  States,  transmit 
to  the  secretary  of  the  Commonwealth  copies  of  the  records 
of  the  votes  for  such  officers,  which  copies  shall  be  certified 
by  the  board  of  aldermen  or  the  selectmen,  as  the  case  may 
be,  and  shall  be  attested  and  sealed  by  the  clerk.  The  ^^^f^f]®''^  ^^  *^« 
city  or  town  clerk  of  every  city  and  town  shall,  in  like 
manner,  within  ten  days  after  an  election  therein  for  county 
treasurer  or  register  of  deeds,  transmit  to  the  county  com- 
missioners of  the  county  for  which  such  officers  are  to  be 
chosen,  copies  of  the  records  of  the  votes  for  such  officers, 
certified,  attested  and  sealed  as  aforesaid ;  and  shall  within 
ten  days  after  an  election  therein  for  county  commissioner 


courts. 


1220 


Acts,  1893.  — Chap.  417. 


Returns  of 
votes,  in  county 
of  Suffolk. 


in  envelopes 
properly  en- 
doreed. 


proceedings 
when  received 
unsealed. 
1890,  423,  §111. 


on  receipt, 
memorandum 
to  be  made. 
1890,  423,  §113. 


examination. 

1890,423,  §§114, 
115. 


or  special  commissioners,  transmit  to  the  clerk  of  the 
courts  for  the  county  the  records  of  the  votes  for  such 
officers,  so  certified,  attested  and  sealed ;  except  that  the 
records  of  the  votes  cast  in  the  county  of  Sufiblk  for  regis- 
ter of  deeds  shall  be  transmitted  to  the  board  of  aldermen 
of  the  city  of  Boston,  and  the  records  of  the  votes  cast  in 
the  city  of  Chelsea  and  the  towns  of  Revere  and  Win- 
throp  in  said  county,  for  county  commissioner  and  special 
commissioners  shall  be  transmitted  to  the  clerk  of  the 
courts  for  the  county  of  Middlesex. 

The  city  and  town  clerks  shall  transmit  all  such  copies 
of  the  records  of  votes  in  envelopes,  upon  the  outside  of 
which  they  shall  specify  the  offices  for  which  the  votes  were 
cast,  and,  in  case  officers  are  elected  for  divisions  of  the 
Commonwealth,  the  divisions  in  which  the  votes  are  cast. 

Section  180.  If  a  copy  of  the  record  of  the  votes  cast 
at  an  election  in  a  city  or  town  and  transmitted  to  the 
secretary  of  the  Commonwealth,  in  accordance  with  the 
provisions  of  the  preceding  section,  is  received  by  him 
not  sealed  as  required  by  law,  he  shall  forthwith  give  no- 
tice of  such  fact  to  the  city  or  town  clerk  who  transmitted 
the  same  ;  and  the  clerk,  upon  receipt  of  such  notice, 
shall  make  and  attest  another  copy  of  the  record  of  the 
votes  cast  at  such  election,  which  copy  shall  be  certified 
by  the  board  of  aldermen  or  the  selectmen,  as  the  case 
may  be,  and  the  clerk  shall  transmit  the  same  to  the 
secretary,  sealed  as  required  in  the  case  of  the  original 
copy.  If  the  second  copy  is  received  by  the  secretary 
before  the  copies  of  the  records  of  the  votes  are  examined 
and  determination  is  made  of  the  persons  appearing  to  be 
elected,  and  if  upon  examination  such  copy  is  found  to 
be  in  substantial  conformity  with  the  original  copy  of  the 
records,  the  original  copy  shall  not  l)e  rejected  for  not 
being  sealed  as  required  by  law. 

Section  181.  The  secretary  of  the  Commonwealth  shall 
cause  a  memorandum  of  the  date  of  the  receipt  by  him  of 
each  copy  of  the  records  of  the  votes,  transmitted  as  re- 
quired by  the  provisions  of  the  preceding  sections,  to  be 
made  on  the  envelope  containing  such  copy ;  and  if  such 
copy,  when  required  to  be  sealed,  is  received  unsealed,  the 
secretary  shall  cause  a  memorandum  of  such  fact  to  be 
made  on  the  copy  of  the  records. 

Section  182.  The  secretary  of  the  Commonwealth  shall 
duly  lay  before  the  governor  and  council  the  copies  of 


Acts,  1893.  — Chap.  417.  1221 

the  records  of  the  votes  cast  at  an  election  with  their  seals 
unbroken.  The  governor  with  five  councillors,  at  least, 
shall,  as  soon  as  may  be,  open  and  examine  all  such 
copies  of  the  records  of  votes,  and  determine  what  [)ersons 
appear  to  be  elected  to  the  several  offices  in  accordance 
therewith.  Upon  completion  of  such  examination  and  voTe"/,°a^b8tract 
determination,  the  secretary  shall  furnish  to  such  news- fo^  "e^^'^papers. 
papers  published  in  the  Commonwealth,  as  shall  apply 
therefor,  an  abstract  of  the  records  of  the  votes  ex- 
amined. 

Section  183.     The   governor,   after   examination   and  esamilliruon,'** 
determination  as  provided  in  the  preceding  section,  shall,  isso,  4^3,  §§ii4, 
in  the  presence  of  at  least  live  councillors,  make  and  sub- 
scribe a  certificate  of  the  examination  of  the  copies  of  the 
records  of  the  votes  for  governor  and  lieutenant  governor, 
for  councillors,  for  secretary,  treasurer  and  receiver  gen- 
eral, auditor,  and  attorne^^-general,  and  for  senators,  and 
of  the  results  of  such  examination,  and  he  shall,  in  accord-    summoDB. 
ance  with  the  constitution  of  the  Commonwealth,  issue  his 
summons  to  such  persons  as  appear  to  be  chosen  to  the  said 
offices.    The  governor  shall  also  issue  certificates  of  election    certificates  of 
to  such  persons  as  appear  to  be  chosen  to  the  offices  of    "^  '    ' 
representatives  in  congress,  commissioners  of  insolvency, 
clerks  of  the  courts,  registers  of  probate  and  insolvency, 
sheriffs  and  district  attorneys,  and  such  certificates  shall 
be  countersigned  by  the  secretary  and  transmitted  by  him 
to  the  persons  so  appearing  to  be  elected. 

Section  184.     After  examination  and  certification  have     to  be  returned 
been  made  in  accordance  with  the  provisions  of  the  preced-  isooTIIs^liis, 
ing  sections,  the  copies  of  the  records  of  the  votes  shall  be  ^^^" 
replaced  in  their  respective  envelopes,  and  the  governor 
shall   deliver    them   and   the    certificate    of  examination 
thereof,   made  as  provided  in  the   preceding   section,  to 
the  secretary  ;  and  the  secretary  shall  on  the  first  Wednes-    to  be  laid 
day  in   January   lay   the  same,  together  with  schedules  lature. 
showing  the  number  of  ballots  which  appear  to  have  been 
cast  for  each  person  voted  for,  before  the  senate  and  house 
of  representatives. 

Except  for  the  above  purposes,  all  the   copies  of  the     to  be  filed  in 
records  of  votes,  both  original  and  corrected,  which  have  office^ "^^  ^ 
been  duly  transmitted  to  the  secretary,  shall  be  kept  and 
remain  on  file  in  the  office  of  the  secretary,  and  be  there 
open  to  the  inspection  of  any  interested  party  who  may 
apply  therefor. 


1222 


Acts,  1893.  — Chap.  417. 


Presidential 
electors,  ex- 
amination of 
returns  of  votes. 
1890,  423,  §173. 


proclamation. 


issue  of  cer- 
tificates if  elec- 
tion is  not 
contested. 


petition  of  cer- 
tain candidates 
for  declaration 
of  election. 
1890,  423,  §§178, 
179,  180. 


day  for  hear- 
ing,  notice,  etc. 


Sectiox  185.  The  copies  of  the  records  of  the  votes 
for  electors  of  president  and  vice  president  of  the  United 
States  shall,  in  any  event,  be  opened  and  examined  by  the 
governor  and  council  within  ten  days  after  the  same  have 
been  transmitted  to  the  secretary  of  the  Commonwealth 
in  accordance  with  the  requirements  of  the  provisions  of 
this  act ;  and  the  governor  and  council,  after  examining 
the  copies  of  the  records  and  ascertaining  therefrom  the 
number  of  votes  cast  for  electors,  shall  declare,  by  procla- 
mation to  be  printed  in  at  least  one  newspaper  in  each 
county,  the  names  of  the  several  persons  who  have 
receiv^ed  not  less  than  one  fifth  of  the  entire  number  of 
votes  cast  for  electors,  and  the  number  of  votes  received 
by  each  such  person. 

The  several  persons,  up  to  the  number  of  electors 
required  to  be  chosen,  who  have  received  the  highest 
number  of  votes  as  so  ascertained,  and  as  to  whose  elec- 
tion no  notice  of  a  contest  has  been  received  by  the  gov- 
ernor in  accordance  with  the  provisions  of  the  following 
section  of  this  act,  shall,  at  the  expiration  of  fourteen 
days  from  the  elate  of  such  proclamation,  be  deemed  and 
taken  to  be  elected ;  and  the  governor  shall  thereupon 
issue  a  certificate  of  election  to  every  such  person  so 
found  to  be  elected,  and  as  to  whose  election  no  notice  of 
a  contest  has  been  received. 

Section  186.  Any  person  who  appears,  by  the  procla- 
mation of  the  governor  made  in  accordance  with  the  pre- 
ceding section,  to  have  received  not  less  than  one  fifth  of 
the  entire  number  of  votes  cast  for  electors,  may  apply  by 
petition  to  the  supreme  judicial  court  for  the  county  of 
Sufiblk,  for  a  declaration  of  his  election  as  an  elector. 
Such  petition  shall  set  forth  the  name  of  every  person 
whose  election  is  contested  and  the  ground  for  the  contest, 
and  shall  l)e  filed  within  seven  days  from  the  date  of  such 
proclamation.  The  petitioner  shall,  upon  filing  such  pe- 
tition, and  ])efore  any  proceedings  are  had  thereon,  recog- 
nize to  the  Commonwealth,  in  such  sum  and  with  such 
sureties  as  the  court  shall  order,  to  pay  all  costs  incurred 
in  the  prosecution  of  his  petition,  in  case  he  shall  not  pre- 
vail in  the  same.  The  court  shall  thereupon  fix  a  day  for 
the  hearing  of  the  petition,  which  day  shall  be  not  less 
than  three  days  nor  more  than  seven  days  from  the  date 
of  the  filing  thereof;  and  shall  order  due  notice  of  the 
hearing,  containing  a  short  statement  of  the  substance  of 


Acts,  1893.  — Chap.  417.  1223 

the  petition,  to  be  civen,  in  such  manner  ti-s  it  may  direct, 
to  the  governor  and  to  every  person  whose  election  is  so 
contested.  The  court  shall  likewise  order  such  notice  to 
be  published  in  at  least  one  newspaper  in  each  county  to 
be  designated  by  the  court.' 

Section   187.    At  the  day  fixed  for  a  hcarino-  in  accord-  rresidentiai 

•    1        I  ■, .  ".  .    .  'ill  electors,  appear- 

ance  with  the  preceding  section,  the  petitioner  shall  appear  anceofpeii- 

1  3-1'  •i'"  1  1  1  tioner  and  other 

and  produce  his  evidence,  and  every  person  whose  elec-  candidatea. 
tion  is  contested  may  appear  and  produce  evidence  on  his  i82!'i8f '  *^^^'' 
part.     A  petitioner  or  other  party  may  appear  himself  or 
by  his  authorized  agent  or  attorney,  and  no  other  person 
shall  be  made  a  party  to  the  proceedings  on  such  petition, 
or  be  heard  thereon  personally  or  by  counsel,  except  that 
if  more  than  one  petition  is  pending,  or  the  election  of 
more  than  one  person  is  contested,  the  court  may  order 
the  cases  to  l)e  heard  together  or  a})art,  as  in  its  judgment 
may  seem  best.      The  court  shall  thereupon  hear  the  case     determination 
or  cases,  and  finally  determine  all  questions  of  law  and  i°/w  and'fa^c^tf 
fact  involved.      The  l)urden  of  proof  in  every  case  shall  evide^nce^'"^°°^* 
be  upon  the  petitioner,  and  the  hearing  shall  be  confined 
to  the  grounds  stated  in  the  i)etition,  which  shall  not  be 
amended  after  the  petition  has  been  filed.     No  ex  parte 
affidavit  shall  be  competent  evidence  in  such  hearing.     No    witnesses,  not 
person  shall    be    excused    from   testifying    or   })roducing  not''Habre"to''' 
papers  or  documents  therein  on  the  ground  that  his  testi-  prosecution, etc. 
mony  or  the  production  of  the  papers  or  documents  will 
tend  to  criminate  himself;  but  no  person  so  testifying  shall 
be  liable  to  any  suit  or  prosecution,  civil  or  criminal,  for 
any  matter  or  cause  in  respect  of  which  he  shall  be  so  ex- 
amined or  to  which  his  testimony  shall  relate.     The  court     power  of  the 
shall  have  the  same  power  to  compel  the  atteadance  of 
witnesses  which  it  now  has  in  suits  at  common  law,  and 
shall  have  power  to  make  such  rules  and  regulations,  not 
inconsistent  with  the  provisions  of  this  act,  regarding  the 
conduct  of  the  proceedings,  as  it  may  deem  proper,  and, 
in  general,  shall  have  all  power  necessar\;  to  the  complete 
exercise  of  the  authority  conferred  upon  it  by  this  act. 

The    court  shall  adjudge    in  each    case  which  of   the     court  to 
parties   to   the    proceedings    is  elected   to   the   ofiice  of  paityfa^entiued 
elector,  and  shall  cause  its  adjudication  to  be  entered  of  cat'i^'^togOT"^^' 
record  in  such  form  and  manner  as  it  shall  direct,  and  emor. 
shall  forthwith  certify  its  adjudication  to  the  governor ; 
and  such  adjudication  so  certified  shall  ])e  final  and  con- 
clusive that  the   person,   therein  declared  to   have  been 


1224 


Acts,  1893.  — Chap.  417. 


Presidential 
electors ,  gov- 
ernor to  issue 
certificate  of 
election. 


proceedings 
when  petitioner 
fails  to  prose- 
cute petition. 
1890,  423,  §184. 


costs  of  pro- 
ceedings. 
1890,  423,  §185. 


power  and 
authority  of 
justices. 
1890,  423,  §186. 


Returns  of 
votes,  county 
commissioners 
to  examine,  etc 
1890,  423,  §121. 


notice  to  sec- 
retary. 


elected,  is  duly  elected  ;  and  the  governor  shall  forthwith 
issue  to  such  person  a  certificate  of  his  election,  reciting 
in  such  certificate  that  it  is  issued  pursuant  to  adjudica- 
tion under  this  act. 

Sectiox  188.  If  a  petitioner  shall  fail  duly  to  appear 
and  prosecute  his  petition,  according  to  the  requirements 
of  this  act  and  of  such  rules  and  orders  as  the  court  shall 
make  thereunder,  the  court  shall  adjudge  that  he  has  so 
failed,  and  shall  cause  adjudication  to  be  entered  of  record 
in  such  form  and  manner  as  it  shall  direct,  and  shall  forth- 
with certify  such  adjudication  to  the  governor ;  such 
adjudication  of  the  court  shall  be  a  final  and  conclusive 
bar  to  the  claim  of  the  petitioner  as  fully  and  completely 
as  if  his  claim  had  been  heard  and  determined  on  its 
merits  ;  and  the  governor  shall  forthwith  issue  a  certificate 
of  election  to  the  person  whose  election  was  contested  by 
the  petitioner. 

Sectiox  189.  The  costs  of  all  proceedings  under  this 
act  shall  be  taxed  under  the  direction  of  the  court,  and  if 
two  or  more  cases  are  heard  together,  the  costs  shall  be 
apportioned  between  them  hy  the  court.  In  every  case 
in  which  the  petitioner  shall  not  finally  prevail,  such  costs 
shall  be  paid  by  him ;  and  in  every  case  in  which  the 
petitioner  shall  finally  prevail,  the  costs  shall  be  borne 
by  the  Commonwealth  and  shall  be  paid  out  of  the  treas- 
ury of  the  Commonwealth. 

Section  190.  The  final  hearing  and  determination 
under  this  act  shall  l)e  1)y  a  majority  of  the  justices  of  the 
supreme  judicial  court,  but  any  single  justice  thereof  may 
exercise  any  other  power  and  authority  given  to  the  court 
by  this  act. 

Section  191.  The  count}^  commissioners,  to  whom  the 
copies  of  the  records  of  the  votes  for  county  treasurer 
and  register  of  deeds  have  l)een  transmitted  in  accordance 
with  the  provisions  of  section  one  hundred  and  seventy- 
nine  of  this  act,  shall,  on  the  first  Wednesday  of  the 
month  next  succeeding  that  in  which  the  election  for  said 
ofiicers  was  held,  open  and  examine  such  copies,  deter- 
mine what  persons  appear  to  he  elected  to  such  ofiices  in 
accordance  therewith,  and  they  shall  issue  certificates  of 
election  to  the  persons  so  appearing  to  be  elected.  The 
county  commissioners  shall  also  give  notice  to  the  secre- 
tary of  the  Commonwealth,  of  the  name  and  residence  of 


Acts,  1893.  — Chap.  417.  1225 

every  person  so  elected,  and   the  period   of  his  term  of 
ofiioe. 

In  the  county  of  Sufiblk  the  l)oard  of  aldermen  of  the  Returns  of 
city  of  Boston  shall,  within  ten  days  after  the  election  of  rn£rro/*ijoa*rd  of 
register  of  deeds  for  said  county,  in  like  manner  open  and  BosTdn?"  °^ 
examine    the  copies  of  the  records  of  the  votes  for  that 
otficer,  determine  what  person  appears  to  be  elected,  and 
issue  a  certificate  and  give  notice  as  above  provided. 

Sectiox   192.     The  board  of  examiners  in  each  county     board  of  ex. 

,   .    ,  1       J  •  />  i  •       •  1  •  "i    aminers  to  ex- 

m  which  an  election  tor  county  commissioner  and  special  amine,  etc. 
commissioners  is  held,  shall  meet  on  the  first  Wednesday  120?'  ^"^'  ^' 
of  the  month  next  succeeding  that  in  which  any  such  elec- 
tion has  been  held,  and  the  clerk  of  the  courts  shall  lay 
before  the  board  the  copies  of  the  records  of  the  votes  for 
said  officers  which  have  been  transmitted  to  him  in  accord- 
ance with  section  one  hundred  and  seventy-nine  of  this 
act.  The  board  shall  thereupon  open  and  examine  such 
copies,  determine  what  persons  appear  to  be  elected  in 
accordance  therewith,  and  they  shall  issue  certificates  of 
election  to  the  i)ersons  so  appearino;  to  be  elected.     The     notice  to  sec 

.  ^  rotary. 

board  shall  also  give  notice  to  the  secretary  of  the  Com- 
monwealth of  the  name  and  residence  of  every  person  so 
elected,  and  the  period  of  his  term  of  office.  The  board  cie''rk"ffThl'* 
shall,  within  three  days  after  completing  the  examination  courts. 
and  determination  as  aforesaid,  deposit  the  copies  of  the 
records  of  the  votes  in  the  office  of  the  clerk  of  the  courts 
for  the  county,  to  be  filed  by  him;  and  the  clerk  shall 
notify  the  attorney-general  of  any  case  of  neglect  to  de- 
posit the  same  as  so  required. 

Section  198.      Whenever,    upon   examination   of  the     whenincom- 
copies  of  the  records  of  votes,  made  in  accordance  with  turns' to  be 
the  requirements  of  the  preceding  sections,  it  shall  appear  i89of423r§i22. 
to  the  governor  and  council,  to  the  board  of  examiners,  or 
to  the  county  commissioners,  that  any  such  copy  is  incom- 
plete or  erroneous,  the  body  so  making  the  examination 
may  order  a  new  copy  of  the   records  to  be  made  and 
transmitted  in  the  manner  provided  for  making  and  trans- 
mitting the  original  copies ;  such  new  copy  shall  be  trans- 
mitted by  the  clerk  of  the  city  or  town  within  seven  days 
after  the  date  of  the  order  requiring  the  same  to  be  made, 
and  if  found  to  be  correct,  and  in  conformity  to  the  re- 
quirements of  law,  shall  thereupon  have  the  same  force 
and  eflTect  as  an  original  copy  correctly  made  and  trans- 


1226 


Acts,  1893.  — CnAr.  417. 


Returns  of 
votes,  filing  by 
board  of  ex- 
aminers. 

Representative 
district,  one 
city  or  town, 
election  record, 
examination, 

1890,  423,  §153. 


two  or  more 
towns,  etc., 
election  record, 
copy  for  clerk, 

1890,  423,  §§149, 
151,  152. 


clerks,  to 
meet  and  de- 
termine elec- 
tion. 


to  certify  and 
record  names  of 
candidates  and 
number  of 
votes. 


mitted.  The  provisions  of  law  applicable  to  the  filing  of 
the  original  copies  of  the  records  of  the  votes  by  boards 
of  examiners  shall  apply  to  the  tiling  of  such  new  copies. 

Sectiox  194.  If  a  representative  district  for  the  election 
of  representatives  in  the  general  court  is  composed  of  one 
city  or  town,  or  one  or  more  wards  of  a  city,  the  board  of 
aldermen  of  the  city,  or  the  selectmen  of  the  town,  shall 
forthwith  examine  the  records  of  the  votes  for  the  office 
of  representative,  shall  determine  what  person  or  persons 
appear  to  be  elected  in  accordance  therewith ;  and  they 
shall  cause  to  be  entered  at  length  by  the  city  or  town 
clerk,  in  the  records  of  the  city  or  town,  the  names  of  all 
persons  for  whom  votes  for  representative  were  given  in 
the  district,  and  the  number  of  votes  given  for  each  such 
person. 

Sectiox  195.  If  a  representative  district  is  composed 
of  two  or  more  towns,  of  wards  of  two  or  more  cities,  or 
of  one  or  more  towns  and  one  or  more  wards  of  a  city,  the 
election  officers  in  every  voting  precinct  in  each  such 
district  and  the  selectmen  and  town  clerk  of  each  town 
therein  not  divided  into  voting  precincts,  shall,  as  soon 
as  the  vote  for  representatives  has  been  recorded,  cause 
to  be  made  a  complete  copy  of  the  record  of  the  votes 
for  the  office  of  representative,  shall  certify  and  seal  such 
copy  and  deliver  the  same  to  the  city  or  town  clerk,  as 
the  case  may  be. 

The  city  and  town  clerks  of  every  city  and  town  in 
each  such  district  shall  meet  at  the  place  designated,  in 
accordance  with  the  jirovisions  of  the  following  section, 
at  noon,  or  as  soon  thereafter  as  possible,  on  the  tenth 
day  succeeding  the  day  of  the  election,  except  that  they 
shall  meet  on  the  fourth  day  succeeding  the  day  of  an 
election  to  fill  a  vacancy  in  such  office.  The  clerks  at 
such  meeting  shall  open,  examine  and  compare  the  copies 
of  the  records  of  the  votes  of  every  such  voting  precinct 
and  town,  and  determine  therefrom  what  person  or  per- 
sons appear  to  be  elected  to  the  office  of  representative. 
They  shall  make  in  words  at  lengi:h  and  certify  a  schedule 
of  the  names  of  all  persons  for  whom  votes  for  repre- 
sentative were  given  in  the  district,  and  the  number  of 
votes  given  for  each  person ;  and  the  clerk  of  each  city 
and  town  shall,  witliin  four  days  after  the  day  of  the  meet- 
ing, make  a  copy  of  such  schedule  in  the  records  of  such 
city  or  town. 


Acts,  1893.  — Chap.  417.  1227 

Section*  li)().     If  a  roprcsciitative  district  is  so  composed  ,nXTde"B^.° 
as  to  be  included  within  the  provisions  of  the  precedinii-  ii._ition  of  piuce 
section,  the  othcers  authorized  by  the  constitution  in  each  cieiks. 
county  to  (Uvidc  the  county  into  representative  districts  150!'  ' 

shall,  in  making  such  division,  designate  a  place  in  each 
such  district,  at  which  the  clerks,  whose  duty  it  is  made 
by  said  section  to  determine  the  result  of  the  election  for 
representative  in  such  district,  shall  meet  for  such  pur- 
pose.    The  place  of  meeting,  when  once  so  lixed,  may  be     place  may  be 
subsequently  changed  hy  the  officers  having  such  author-  '^  *°^^ 
ity,  on  petition  of  two  of  such  clerks  and  after  a  hearing ; 
but  such  change  shall  not  be  made  oftener  than  once  in 
two  years.     Due  notice  of  such  designation  and  of  every  .  notice  of  des- 
chanije  thereof  shall  be  given  by  the  officers  having';  such  cbange. 
authority  to  the  secretary  of  the  Commonwealth,  and  to 
the  city  and  town  clerk  of  every  city  and  town  in  the 
district. 

Sectiox  197.     The  city  and  town  clerks,  when  examin-     correction  of 
ing  the  copies  of  the  records  of  the  votes  for  the  office  of  of  votes. 
representative   in  a  representative   district,  shall,  if  any  ^^^^' ^^'^' ^^'^^* 
error  appears  therein,  forthwith  give  notice  of  such  error 
to  the  election  officers  by  wdiom  the  error  is  made  ;  and 
such  election  officers  shall  forthwith  make  under  oath  a 
new  and  additional  record  in  conformity  to  the  truth,  and 
transmit  a  copy  thereof  to  the  clerks  requh'ing  the  same. 
Any  additional  copy  of  the  records  made  l)y  the  election 
officers  shall  be   examined   l)y  the  clerks  if  received  by 
them  within  two  days  from  the  time  appointed  for  their 
meeting ;    and    for  such    purpose    their  meeting  may  be 
adjourned  for  a  period  not  exceeding  two  days. 

Sectiox  198.     The  board  of  aldermen  of  a  city,  or  the  Representative 
selectmen  of  a  town,  or  the  clerks  of  cities  and  towns,  as  ceftlecatM  o""' 
the  case  may  be,  acting  in  a  representative  district,  after  i8lo?423,'§§i53, 
having  determined,  in  accordance  with  the  provisions  of  154,156,159. 
the  preceding  sections,  what  person  or  persons  appear  to 
have  been  elected  to  the  office  of  representative  in  such 
district,  shall,  or   a  majority  of  them  shall,  make  dupli- 
cate certificates  of  election   of  the  person   or  persons  so 
appearing    to  ])e  elected ;    and  they  shall,   within  fifteen     transmission. 
days    after   the    day  of  the   election,    transmit    one    of 
such  certificates  to  the  secretary  of  the  Commonwealth, 
and  shall,  by  a  constal)le  or  other  proper  officer,  transmit 
the    other    certificate    to    the    person    named    therein    as 
elected.       Such  certificates   of   election  shall  be  in   sub- 
stance as  follows  :  — 


1228 


Acts,  1893.  — Chap.  417. 


Representative         Commonwealth  of  ]\Iassacliusetts,  county  of  '  .     Pur- 

centflcate  of""^''  si^a^^t  to  a  law  of  this  Commonwealth,  the  qualified  voters  of  Rein-e- 

election,  form,     sentative   District  A' umber       ,  in    their    several    meetings    on  the 

day  of  November  instant,  for  the  choice  of  Rejjresentatives 

in  the  General  Court,  did  elect  ,  being  inhabitants  of 

said  district,  to  represent  them  in  the  Genei'al  Court,  to  be  holden  on 

the  first  Wednesday  of  January  next. 

Dated  at  the  day  of  in  the  year  one  thousand 

eisfht  hundred  and 


return  of  offi- 
cer, filing,  etc. 


return  of 
votes  to  secre- 
tary, etc. 
1890,  423,  §155. 


Whole  number 
of  ballots  to  be 
stated  in  rec- 
ords, etc. 
1890,  423,  §160. 


Violation  of 
certain  require- 
ments not  to 
affect,  etc. 
1891,  328,  §6. 


Proof  of  return 
etc.,  mailed, 
etc.,  bar  to 
complaint,  etc. 
1890,423,  §110. 


There  shall  be  printed  on  every  such  form,  the  first  four 
sections  of  chapter  two  of  the  Public  Statutes,  and  this 
section  and  section  two  hundred  and  seventeen  of  this 
act.  Every  constable  or  other  officer  transmittino-  such 
certificate  shall  make  a  return  to  the  officers  from  whom 
the  same  was  received,  stating  that  such  certificate  was 
duly  delivered  to  the  person  mentioned  therein  as  elected, 
and  his  return  so  made  shall  be  filed  with  the  city  or  town 
clerk. 

Section  199.  The  city  or  town  clerk  of  every  city  and 
town  shall,  within  fifteen  days  after  the  day  of  an  election 
therein  for  representative  in  the  general  court,  transmit 
to  the  secretaiy  of  the  Commonwealth  an  attested  copy 
of  the  record  of  votes  cast  for  all  candidates  for  said 
office  in  each  voting  precinct  and  in  each  town  not  divided 
into  voting  precincts. 

Section  200.  In  all  records  of  votes  cast  at  elections, 
and  in  all  copies  of  such  records  the  whole  number  of 
ballots  given  shall  be  distinctly  stated  in  words  at  length, 
but  an  omission  so  to  state  the  whole  number  of  ballots 
given  shall  not  render  a  record  or  copy  thereof  invalid  in 
any  case  in  which  the  true  result  of  the  election  can  be 
ascertained  from  other  parts  of  the  record  or  copy,  or  by 
a  recount  made  in  conformit}^  with  the  provisions  of  law. 

Section  201.  No  violation,  by  a  public  officer  or  elec- 
tion officer,  of  the  requirements  of  this  act  relative  to 
providing  ballot  boxes,  blank  forms  and  other  apparatus 
and  the  care  and  preservation  thereof,  and  relative  to 
the  manner  of  canvassing  and  counting  votes,  shall  inval- 
idate any  record  or  copy  of  a  record  or  certificate  duly 
made  by  a  city,  precinct  or  town  clerk,  or  affect  the 
title  of  any  person  who  is  duly  declared  to  be  elected  to 
any  office. 

Section  202.  Proof  that  a  copy  of  the  records  of  the 
votes  at  an  election  was  properly  addressed  to  the  person 
to  whom  it  was  by  law  required  to  be  transmitted  or  de- 


Acts,  1893.  — Chap.  417.  1229 

livered,  and  was  duly  deposited  in  the  post  office  within 
the  time  tixod  hy  law  for  transmission  or  delivery,  shall 
be  a  bar  to  any  complaint  for  delinquency. 

Section  203.     The  city  or  town  clerk  of  every  city  and  Number  of 

.        ,  .  •^  />  1  .  names  checked 

town  shall,  within  titteen  days  alter  the  day  of  an  election  '"  I'e  returned. 
therein  of  state,  city  or  town  officers,  certify  to  the  secre- 
tary of  the  Commonwealth  the  total  number  of  names  of 
male  and  of  female  voters  checked  on  the  voting  list  as 
ha^'ing  voted  at  such  election  in  each  voting  precinct  in 
such  city  or  town,  or  in  such  town,  as  the  case  may  be. 
»  Sectiox  204.     The  secretary  of  the  Commonwealth  shall,  J^^p°''  °^  """• 

^     •  .  Der  or  asseBsed 

on  or  before  the  first  day  of  February  in  each  year,  report  po"«.  registered 

,  */  ^         X  voters,  etc. 

to  the  general  court  the  number  ot  assessed  polls,  the  1890,423,  §iis; 
number  of  registered  male  and  female  voters  at  the  ^  ^^'  ^^^' 
date  of  the  last  preceding  annual  state  election  and  city 
or  town  election,  and  the  total  numl^er  of  persons,  both 
male  and  female,  who  voted  at  each  such  election  in  every 
city  and  town,  and  in  every  voting  precinct  of  a  city  and 
town,  and  he  shall  include  in  such  report  a  concise  state- 
ment of  other  matters  relating  to  elections,  with  such 
suggestions  as  he  may  deem  advisable.  The  report  of  the 
secretary  shall  he  one  of  the  series  of  public  documents, 
and  fifteen  hundred  copies  thereof  shall  be  annually 
printed. 

Section  205.     The  board  of  aldermen  of  a  city  and  the  Reguiationg  for 
selectmen    of  a   town   may   make  such    regulations,  not  retunlhfg'votee. 
inconsistent  with  the  provisions  of  this  act,  in  regard  to  ^^^^'  ^'^'  *^^" 
the  manner  of  counting  and  returning  the  votes  as  they 
may  deem  expedient. 

6.     Recounts  of  Votes. 
Section  206.     If,  within  the  thirty  days  next  succeed-  contested  eiec 

.  .  .  '^  "^  tion,  clerk  to 

ins:  the  day  of  an  election  in  a  city  or  town,  a  person  who  retain  baiiots. 

^  .  .  1890  423  §103. 

has  received  votes  for  any  office  at  such  election,  shall,  by 

himself  or  by  his  agent  or  attorney,  serve  upon  the  clerk 

of  such  city  or  town,  a  statement  in  writing  claiming  an 

election  to  such  office,  or  declaring  an  intention  to  contest 

the  election  thereto  of  any  other  jierson,  such  clerk  shall 

retain  every  envelope  containing  the  ballots  for  such  office 

cast  at  the  election,  sealed  as  provided  by  laAV,  until  such 

claim  is  withdrawn  or  the  contest  for  the  election  is  finally 

determined  by  the  competent  authority.      Every  envelope     bai  lots  subject 

M'ith  the  ballots  shall,  however,  be  and  remain  subject  to  °°'^  er,  ec. 


1230  Acts,  1893.  — Chap.  417. 

the  order  of  the  body  to  which  any  such  person  claims  or 
may  l)e  held  to  have  been  elected,  or  to  the  order  of  the 
officers  required  by  law  finally  to  examine  the  records  or 
copies  of  the  records  and  to  issue  certificates  of  election  to 
such  office,  or  to  the  order  of  a  court  having  jurisdiction  of 
tion!^re*counf  of'  ^hc  matter.  Any  such  body  or  ofiicers  may  order  the 
ballots  amend-   clcrk  to  appear  before  them  and  brinj?  with  him  every 

mentor  records.  •■  a  o  «' 

such  envelope  with  the  l^allots.  The  clerk  shall,  in 
response  to  the  order,  appear  with  the  envelopes  and 
ballots,  and  such  body  or  ofiicers  may  open  the  envelopes, 
recount  the  ballots  therein,  and  amend  any  record  or 
copy  thereof  made  by  them  in  relation  to  such  ofiice  in 
accordance  with  the  result  of  the  recount. 
o/cuy  election,  Section  207.  If  withiu  the  six  days  next  succeeding 
isgo^^^s'sio!'  ^^^  '^^y  ^^  ^^^  election  for  state  or  city  officers  in  a  city  or 
town,  ten  or  more  qualified  voters  of  any  ward  of  a  city 
or  of  any  voting  precinct  of  a  town,  or  of  any  town  not 
divided  into  voting  precincts,  shall  file  with  the  city  or 
town  clerk  a  statement  in  writing  that  they  have  reason 
to  believe  that  the  records  or  copies  of  records  made  by 
the  election  officers  of  certain  precincts  in  such  ward  or 
town,  or  of  such  town,  are  erroneous,  and  shall  specify 
wherein  they  deem  them  in  error,  the  clerk  shall  forth- 
with transmit  such  statement  to  the  board  of  aldermen  or 
selectmen,  whose  duty  it  is  to  examine  the  records  or  cer- 
of  queJtTJn**'°°  tificatcs  of  such  elcction.  The  board  of  aldermen  or  a 
raised.  Committee   thereof,    or   the    selectmen,    shall    thereupon 

and  within  the  eight  days  next  succeeding  the  day  of 
election,  open  the  envelope  or  envelopes  containing 
the  ballots  and  examine  the  ballots  cast  in  each  such 
voting  precinct  or  town,  as  the  case  may  be,  and  shall 
determine  the  questions  raised.  After  making  such 
examination  and  determination,  the  aldermen,  committee, 
or  selectmen,  as  the  case  may  be,  shall  again  enclose  all 
ballots  in  their  proper  envelope,  seal  each  envelope  with 
the  seal  of  the  city  or  town,  or  with  a  seal  provided  for  the 
purpose,  and  certify  upon  each  envelope  that  the  same  has 
been  opened  and  again  sealed  in  conformity  to  law  ;  and  they 
shall  likewise  make  and  sign  a  statement  of  their  determi- 
amendmentof  nation  of  the  qucstious  raised.  The  envelopes,  together 
*'^°'  with  such  statement,  shall  be  returned  to  the  city  or  town 
clerk,  and  he  shall  alter  and  amend  such  records  as  have 
been  found  to  be  erroneous,  in  accordance  with  such  deter- 
mination ;  and  the  records  so  amended  shall  stand  as  the 


Acts,  1893.  — Chap.  417.  1231 


true  records  of  the  election.  The  city  or  town  clerk  shall 
likewise,  in  accordance  therewith,  amend  the  records  of 
the  city  or  town,  and  copies  of  such  amended  records  of 
the  votes  cast  at  a  state  election  shall  l)e  made  and  trans- 
mitted, as  are  required  by  the  provisions  of  this  title  in 
the  case  of  original  copies  of  records. 

In  the  case  however  of  an  election  to  fill  a  vacancy  in  Errors,  in  caso 
the    office    of  a  senator  or  representative  in  the  general  certdn''""  ^°  '^'' 
court,  any  such  statement  of  ten  qualified  voters  of  their  ^'"='»°'='«*- 
belief  that  errors  exist,  shall  be  filed  within  the  two  days 
next  succeeding  the  day  of  election,  and  the  examination 
of  ballots  shall  be  made  within  the  three  days  next  suc- 
ceeding the  day  of  election. 

Section'  208.     If,  wilhiu  the  two  days  next  succeeding     town  dec 

,11  ,■•  li'j'j.  jT-"'  j_  I'        tion,  statement, 

the  day  oi  an  election  tor  town  olncers  in  a  town,  tor  etc. 
which  ballots  are  provided  at  the  expense  of  the  town,  i^^*^- ^^s,  §226. 
ten    or   more    qualified    voters    of   such   town   shall    file 
with  the  town  clerk  a  statement  in  writing  that  they  have 
reason  to  believe  that  an  error  was  made  in  ascertaining 
or  declaring  the  result  of  such  election,  and  shall  specify 
wherein  they  deem  such  error  to  have  been   made,  the 
clerk  shall  forthwith  transmit  such  statement  to  the  mod- 
erator of  the  town  meeting.     Such  moderator  shall  there-     determination 
upon,  and  within  the  three  days  next  succeeding  the  day  raised^''^"^ 
of  such  election,  open  the  envelope  or  envelopes  contain- 
ing the  ballots  cast  for  candidates  for  the  office,  the  elec- 
tion to  which  is  disputed,  and  shall  determine  the  questions 
raised.     If  upon  such  determination  it  shall  appear  that 
a  person  was  elected,  other  than  the  person  declared  in 
town  meeting  to  have  been  elected,  the  moderator  shall 
forthwith  make  and  sign  a  certificate  of  such  fact,  stating 
therein  the  number  of  votes  cast,  as  determined  by  the 
recount,  for  each  candidate  for  the  office,  the  election  to 
which  is  disputed,  and  shall  file  the  same  with  the  town 
clerk.     The  town  clerk  shall  record  the  certificate  in  his     record  and 
book  of  records  of  town  meetings,  directly  following  his  "ons'^affec^ed. 
record  of  the  meeting  at  which  such  election  was  held,  and 
shall,  within  twenty-four  hours  after  such  filing,  cause  a 
copy  of  such  certificate,  attested  1)y  him,  to  l)e  delivered 
to  or  left  at  the  residence  of  the  person  so  declared  to  have 
been  elected,  and  to  the  person  who  by  such  certificate 
appears  to  be  elected.     The  person  who  by  such  certifi- jgP^g^"*^,^^ 
cate  appears  to  be  elected,  shall  be  deemed  and  taken  to  elected. 
have  been  elected. 


1232  Acts,  1893.  — Chap.  417. 

Recount  of  bai.       Sectiox  209.     Whciiever  a  recount  of  ballots  cast  at 

lots,  candidatea  .  .    .  ^      , 

to  be  notified,     an  clcction  is  had  under  the  provisions  of  the  preceding 

Tslo, '^z^Jiim,'  sections,  the  board,  officers  or  committee  charged  with 

^^^"  the  duty  of  making  such  recount  shall,  before  proceeding 

to  recount  the  l^allots,  give  notice  in  writing  to  the  several 

candidates   interested  in  such  recount    and    lial)le  to  be 

affected   thereby,  of  the   time  and  place  of  making  the 

same,  and  each  such  candidate  may  appear  and  be  present 

during   such  recount    either    in    person    or   by  an  agent 

appointed  by  him  in  writing. 

„r^n,?,?,!l!l°,?^^^      Section  210.     If,  within  the  fourteen  davs  next  succeed- 

granting  liquor  ~  _  ^^ 

licenses,  in        {nrr  the  dav  of  the  aunual  city  election  in  any  city,  ten  or 

cities    stiitG-  •/  «/  ' 

ment,'  etc.  morc  qualified  voters  in  such  city  shall  file  with  the  city 
'  "'^  '''  clerk  a  statement  in  writing  that  they  have  reason  to 
believe  that  the  record  of  ballots  cast  upon  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors  in 
such  city  is  erroneous,  the  clerk  shall  forthwith  transmit 
such  statement  to  the  board  of  aldermen  of  such  city  and 
determination  ^he    boai'd  of  aldemien,   or  a  committee    thereof,    shall, 

or  questions  •   i  • 

raised.  withiu  tcii  days  thereafter,  recount  the  ballots  and  declare 

the  result,  and  their  record  of  such  recount  shall  stand  as 

the  true  result  of  the  vote  cast  in  such  city  upon  the  said 

question. 

in  towns,  Section  211.     If,  within  the  two  days  next  succeeding: 

statement,  etc.  '  .  •-  o 

1892, 224.  the  day  on  which  the  declaration  is  made  of  the  result  of 

the  vote  in  a  town  upon  the  question  of  granting  licenses 
for  the  sale  of  intoxicating  liquors  therein,  ten  or  more 
qualified  voters  in  such  town  shall  file  with  the  town  clerk 
a  written  statement  that  they  have  reason  to  believe  that 
an  error  was  made  in  ascertaining  or  declaring  the  result 
of  the  count  of  the  ballots  cast  upon  said  question,  the 
clerk  shall  forthwith  transmit  such  statement  to  the  mod- 
determination  erator  of  the  meeting.     The  moderator   shall  thereupon 

raised.  aiid  withlii  the  three  days  next  succeeding  the  day  of  such 

declaration,  publicly  recount  such  ballots  and  declare  the 
result  of  such  vote.  If  the  recount  does  not  agree  with 
the  original  count,  the  moderator  shall  forthwith  make 
and  sign  a  certificate  of  the  result  of  such  recount,  and 
'^''°'^-  file  the  same  with  the  town  clerk.     The  town   clerk  shall 

record  the  certificate  in  his  book  of  records  of  town  meet- 
ings, directly  following  his  record  of  the  meeting  at  which 
such  ballots  were  cast ;  and  the  record  of  the  recount 
shall  stand  as  the  true  result  of  the  vote  cast  in  such  town 
upon  said  question. 


Acts,  1893.  — Chap.  417.  1233 

Sectk^n  212.      The  selectmen  and  the  moderator  of  a  Recount  of  bai- 
town  meeting  in  any  town  may  appoint  tellers,  in  accord-  beappoiated!"^ 
ance  with  the  provisions  of  section  one  hundred  and  six-  ^^^^' *23,  §§104, 
teen  of  this  act,  to  assist  them  or  him,  as  the  case  may 
be,  in  making  a  recount  of  ballots  under  the  provisions  of 
the  preceding  sections. 

Section   21o.    No  election  officer  or  other  officer,  whose     information 
duty  it  is  to  recount  ballots  cast  at  an  election,  shall,  except  regaKiin/cha?. 
as  required  by  law,  make  any  statement  or  give  any  infor-  IsQ-frsa^?'!*.' 
matiou   in   regard  to  a  ballot  deposited  by  a  challenged 
voter  at  such  election. 

Section   214.     The  board  of  aldermen  of  a  city  shall  ■^'^refSu'l?''"^' 
not  declare  the  result  of  an  election  therein  for  state  or  elections  in 
city  officers,  or   of  a  vote  upon  the  question  of  granting  isss.isq;  isqo, 
licenses  for  the  sale  of  intoxicating  liquors  therein,  until  '^^^'  ^^^^' 
the  time   for  filing  a  request  for  a  recount  of  ballots  has 
expired,    or,  in   case  such  request  has  been  made,  until 
the  ballots   have  been  examined  and  the  returns,  if  found 
erroneous,  amended  in  accordance  with  the  provisions  of 
sections  two  hundred  and  seven  and  two  hundred  and  ten 
of  this    act,    notwithstanding  any  provision  to   the  con- 
trary in  special  acts  relating  to  such  city.     If  upon  the 
expiration  of  the  time  allowed  for  so  filing  a  request  for  a 
recount  of  ballots,  no  such  request  has  been  filed,  or  if 
after  the   ballots  have  been  examined  in  accordance  with 
such  request    and    such    records   and    certificates  as    are 
found    erroneous    have    l)een   amended  as  aforesaid,  the 
board  of  aldermen  shall  forthwith  declare  the  result  of 
the    election,    and    the    city    clerk   shall  thereupon  issue 
certificates  of  their  election  to  the  persons  appearing  so 
to  be  elected.     No  person  so  elected  to  a  city  office  shall  eil'cTed'to  city 
act    in   an    official    capacity  by   virtue    of  such    election  offices  not  to  act 

'^    .        "^         "^  .  until  notihed. 

before  notice  as  aforesaid  has  been  issued. 


TITLE  VI. 

1.     Proceedings  in  Cases  of  Failure  to  Elect  and 
Vacancies  in  State  Offices. 

Section  215.     If  upon  examination  of  the  copies  of  the  Presidential 
records  of  the  votes  for  electors   of  president  and  vice  fitrurrt'o  elect  a 
president  of  the  United  States  in  accordance  with  the  pro-  fslo'J^i,  §§174, 
visions  of  this  act,  it  shall  appear  that  a  majority  of  the  i^^- 
whole  number  of  electors  have  not  been  chosen,  the  ii'ov- 


1234 


Acts,  1893.  — Chap.  417. 


Presidential 
electors, 
vacancy  or 
absence  at  time 
of  meeting. 


Representative 
in  congress, 
failure  to  elect. 
1890,  423,  §§167, 
168. 


vacancy. 


■Representative 
in  general  court, 
failure  to  elect. 
1890,  423,  §§157, 
158. 


vacancy. 


ernor  shall  forthwith,  hy  proclamation,  call  together  the 
general  court ;  and  the  senators  and  representatives  assem- 
bled in  joint  convention,  shall  by  joint  ballot  choose  as 
many  electors  as  may  be  necessary  to  complete  the  full 
number. 

If  the  whole  number  of  electors  shall  not  have  been 
chosen  when  the  electors  shall  meet  to  give  their  votes  for 
president  and  vice  president,  as  required  by  law,  or  if  an 
elector  shall  have  died  or  shall  then  be  absent,  the  electors 
present  shall  forthwith  choose  from  the  citizens  of  the 
Commonwealth  as  many  electors  as  may  be  necessary  to 
complete  the  full  number. 

Sectiox  216.  Ifthere  is  a  failure  at  an  election  to  choose 
a  representative  in  congress  in  a  congressional  district, 
the  governor  shall  cause  precepts  to  be  issued  to  the  board 
of  aldermen  in  every  city  and  the  selectmen  in  every  town 
in  the  district,  directing  them  to  call  meetings  of  the  qual- 
ified voters  therein  on  such  day  as  shall  be  appointed 
in  the  precepts  for  the  election  of  a  representative  in 
congress. 

If  a  vacancy  occurs  in  the  office  of  representative  in  con- 
gress, the  governor  shall  in  like  manner  cause  precepts  to 
be  issued  for  an  election  of  representative  in  congress  in 
the  district  in  which  the  vacancy  occurs. 

Sectiox  217.  If  there  is  a  failure  at  an  election  to 
choose  a  representati^■e  in  the  general  court  in  a  repre- 
sentative district,  a  certificate  of  the  fact  shall  l)e  forth- 
with transmitted  to  the  secretary  of  the  Commonwealth 
in  the  same  manner  as  a  certificate  of  the  election  of  a 
representative  is  required  to  be  transmitted  to  him  by 
the  provisions  of  section  one  hundred  and  ninety-eight 
of  this  act,  and  shall  be  by  him  duly  laid  l)efore  the 
speaker  of  the  house  of  representatives.  In  such  case 
of  a  failure  to  elect  and  also  in  case  a  vacancy  in 
the  office  shall  occur  in  a  representative  district,  the 
speaker  shall  issue  precepts  to  the  board  of  aldermen 
of  each  city  and  the  selectmen  of  each  town  comprising 
such  district  or  any  part  thereof,  appointing  a  time,  such 
as  the  house  of  representatives  may  order,  for  an  elec- 
tion to  choose  a  re})resentative  or  to  fill  the  vacancy. 
Upon  the  receipt  of  such  precepts,  the  board  of  aldermen 
and  the  selectmen  shall  call  meetings  of  the  qualified 
voters  in  such  district,  to  be  held  in  accordance  with  the 
precepts. 


Acts,  1893.  — Chap.  417.  1235 

Sectiox  218.     If  there  is  a  failure  at  an  election  to  District jind 
choose  a  district  attorney,  clerk  of  the  courts,  register  of  faiiSre  ufeiect! 
probate  and  insolvenc}',  commissioner   of  insolvency,  or  2ool*205!'  ^^^^'' 
sheriff,  the  governor  shall  declare  such  failure,  and  shall 
cause  precepts  to  be  issued  to  the  })ropcr  officers,  directing 
them  to  call  meetings  of  the  ({ualitied  voters  of  the  district 
or  county  in  ^vhich  such  failure  occurs,  to  be  held  on  such 
day  as  he  shall  appoint,  for  the  election  of  such  officer. 

If  a  vacancy  shall  occur  by  removal  or  otherwise  in  the  vacancy,  eiec- 
office  of  any  of  the  above-mentioned  officers,  the  governor 
shall  in  like  manner  cause  precepts  to  be  issued  for  an 
election  to  till  such  vacancy  at  the  next  annual  state  elec- 
tion for  which  precepts  can  be  seasonably  issued,  except 
that  no  such  election  shall  be  held  unless  the  term  of 
office  of  the  officer  whose  position  is  so  vacant  extends 
beyond  the  first  Wednesday  of  January  next  succeeding 
the  day  of  such  election. 

In  case  of  a  vacancy  occurring  as  aforesaid  in  the  office     vacancy, 

/•  ••  /:>•  1  '"ii'i'xi'xi  appointment. 

ot  commissioner  or  insolvency  or  ot  sheriii,  the  governor 
with  the  advice  and  consent  of  the  council  may  appoint 
some  person  to  fill  such  office  until  a  person  is  duly  elected 
to  the  office  and  qualified.  In  case  of  such  vacancy  oc- 
curring in  the  office  of  district  attorney,  a  clerk  of  the 
courts,  or  register  of  probate  and  insolvency,  some  per- 
son may  be  appointed,  in  the  manner  now  provided  by 
law,  to  fill  such  office  until  a  person  is  duly  elected  and 
qualified. 

Section  219.     If  there  is  a  failure  at  an  election  to  county  treas- 
choose  a  county  treasurer  for  any  county,  or  a  register  "f  deed^fau'^ure 
of  deeds  for  any  county  or  district  of  a  county,  except  5s9o'f4-2i,  §§199, 
the  counties  of  Suffolk  and  Nantucket,  the  county  com-  202,204,206. 
missioners  of  such  county  shall  forthwith  issue  precepts 
to  the  board  of  aldermen  of  each  city  and    the   select- 
men of  each  town  in  such  county  or  district,  directing 
them  to  call  meetings  of  the  qualified  voters  thereof,  for 
the  election  of  such  officer  to  be  held  on  such  day  as  the 
county  commissioners  shall  appoint. 

If  a  vacancy  shall  occur  by  removal  or  otherwise  in  the  vacancy, 
office  of  county  treasurer  of  any  county,  or  of  register  of 
deeds  in  any  county  or  district  of  a  county,  except  the  coun- 
ties of  Suffolk  and  Nantucket,  the  county  commissioners 
of  such  county  shall  in  like  manner  issue  precepts  for  an 
election  to  fill  such  vacancy  at  the  next  annual  state  elec- 
tion for  which  precepts  can  be  seasonably  issued,  except 
that  no   such  election  shall  be  held  unless  the  term  of 


123B 


Acts,  1893.  — Chap.  417 


County  treas- 
urer, register  of 
deeds,  vacancy, 
appointment. 


Register  of 
deeds,  Suffolk, 
failure  to  elect, 
vacancy. 


Nantucket, 
failure  to  elect, 
vacancy. 


County  or  spe- 
cial commis- 
sioner, failure 
to  elect. 
1890,  423,  §108; 

1892,  115,  §§I,  2; 

1893,  39,  §§1,2. 


vacancy, 
election. 


office  of  the  officer  whose  position  is  so  vacant  extends 
beyond  the  first  Wednesday  of  January  next  succeeding 
the  day  of  such  election. 

In  case  of  a  vacancy  occurring  as  aforesaid  in  the  office 
of  county  treasurer  of  any  county,  or  in  the  office  of  reg- 
ister of  deeds  of  any  county,  except  the  counties  of  Suf- 
folk and  Nantucket,  the  county  commissioners  of  such 
county  may  appoint  some  person  to  fill  such  office  until  a 
person  is  duly  elected  to  the  office  and  qualified. 

If  there  is  a  failure  so  to  choose  a  register  of" deeds  in 
the  county  of  Suffolk,  or  if  a  vacancy  shall  occur  in  that 
office  in  said  county,  the  board  of  aldermen  of  the  city  of 
Boston  shall  issue  precepts  and  call  meetings  for  the  elec- 
tion of  a  register  of  deeds  or  the  filling  of  such  vacancy, 
as  the  case  maybe,  as  is  above  provided  for  an  election  or 
the  filling  of  a  vacancy  for  that  office  in  counties  other 
than  the  counties  of  Suffolk  and  Xantucket ;  and,  in  case 
of  a  vacancy  occurring  in  that  office  in  said  county  of  Suf- 
folk, the  superior  court  shall  a})point  some  person  to  fill 
the  office  until  a  person  is  duly  elected  to  the  office  and 
qualified. 

If  there  is  a  fiiilure  so  to  choose  a  register  of  deeds  in 
the  county  of  Nantucket,  or  if  a  vacancy  shall  occur  in 
that  office  in  said  county,  the  selectmen  of  the  town  of 
Nantucket  shall  call  a  meeting  for  the  election  of  a  register 
of  deeds  or  for  the  filling  of  such  vacancy,  as  the  case 
may  l)e,  as  is  above  provided  for  an  election  or  the  filling 
of  a  vacancy  for  that  office  in  counties  other  than  the 
counties  of  Suffolk  and  Nantucket ;  and  in  case  of  a  va- 
cancy occurring  in  that  office  in  said  county  of  Nantucket, 
the  selectmen  shall  a})point  some  person  to  fill  the  office 
until  a  person  is  duly  elected  to  the  office  and  qualified. 

Section  220.  If  there  is  a  failure  at  an  election  to 
choose  a  county  commissioner  or  special  commissioner 
for  any  county,  the  board  of  examiners  of  such  county 
shall  forthwith  issue  precepts  to  the  board  of  aldermen 
of  each  city  and  to  the  selectmen  of  each  town  in  such 
county,  directing  them  to  call  meetings  of  the  qualified 
voters  thereof  for  the  election  of  such  officer,  to  be  held 
on  such  day  as  the  board  of  examiners  shall  appoint. 
In  case  of  the  failure  to  elect  such  commissioner  for  the 
county  of  Middlesex,  such  precept  shall  also  be  issued  to 
the  board  of  aldermen  of  the  city  of  Chelsea  and  the 
selectmen  of  the  towns  of  Revere  and  AVinthro}). 

If  a  vacancy  shall  occur  by  removal  or  otherwise  in  the 


Acts,  1893.  — Chap.  417.  '  1237 

office  of  count}^  commissioner  or  special  commissioner  for 
any  county,  the  board  of  examiners  of  such  county  shall 
in  like  manner  issue  })recept.s  for  an  election  to  fill  such 
vacancy  at  the  next  annual  state  election  for  which  pre- 
cepts can  be  seasonably  issued,  except  that  no  such  elec- 
tion shall  be  held  unless  the  term  of  office  of  the  commis- 
sioner whose  office  is  so  vacant  extends  beyond  the  first 
AVednesday  of  January  next  succeeding  the  day  of  such 
election. 

In  case  of  a  vacancy  occurrino-    as  aforesaid,   in  the  county  or 

-  ••   .       .  "  .    ,  .      .  special  coratnls- 

office    of    county   commissioner  or  special  commissioner  Bioner.  vacancy, 
of  a  county,   the  county  commissioners   or  the  two  re-  "pp^^"""*^"^- 
maining  county  commissioners,  as  the  case  may  be,  and 
the  clerk  of  the  courts  for  the  county,  or  a  majority  of 
them,  may  appoint  some  person  to  fill  such  office  until  a 
person  is  duly  elected  to  the  office  and  qualified. 

Section  221 .     The  county  commissioners  in  each  county  county  officers, 
shall  forthwith  notify  the  secretary  of  the  Commonwealth  t'osecrYt'a^y.e'tc. 
of  any  vacancy  occurring  in  the  office  of  county  treasurer  lfi%tf.'  ^^^^^' 
or  of  register  of  deeds  for   the  county  or  any  district 
thereof;  and  the  board  of  examiners  in  each  county  shall 
likewise  notify  the    secretary  of  any  vacancy  occurring 
in  the  office  of  county  commissioner  or  special  commis- 
sioner of  any  county.     County  commissioners  and  l)oards     copy  of  pre. 
of  examiners  shall  forthwith  send  to  the  secretary  of  the  tary.etc. 
Commonwealth  a  copy  of  precepts  for  an  election  issued 
by  them  under  the  provisions  of  this  act. 

Sectiox  222.     AVhen  elections  are  held  in  consequence  Elections  to  fiii 
of  a   failure   to   elect  in  a  preceding  election  or  to  fill  ceedrngs!' ^'^°' 
vacancies  in  any  office,  in  accordance  with  the  provisions  leT^iesfill^^gg. 
of  the  preceding  sections  of  this  title,  proceedings  shall 
be  had    similar  in  all  respects,  so  far  as  applicable,  to 
those  had  in  elections  to  the  same   office  at  the  annual 
state  election. 

Section  223.     The  provisions  as  to  the  qualifications  of  piPc3°bi!flo°per?" 
a  person  for  any  office,  which  are  applicable  in  the  case  ?o"?«!^«'*i'ls^'<=- 

f  ••11^'  I      II  1       X  1        J-      1    1«90.  4'2o,  §§-204, 

of  an  orisfinal  election,  shall  apply  to  every  person  elected  2u6;  1892,  us, 

•  »/i  CI.  1QQ3   39 

or  appointed  to  fill  a  vacancy  in  such  office  ;  and  each  §§i,  2, 
person  so  elected  or  appointed  shall  perform  the  same 
duties  and  have  and  exercise  all  the  powers  and  bo  sub- 
ject to  all  the  requirements  and  penalties  which  by  law 
pertain  to  such  office,  and  a  person  elected  to  any  such 
office  shall,  unless  sooner  removed  therefrom,  hold  office 
for  the  remainder  of  the  term  of  the  officer  whose  place 
he  fills  and  until  his  successor  is  chosen  and  qualiiied. 


1238 


Acts,  1893.  — Chap.  417. 


TITLE    VII. 
1.     Proceedings  or  Presidential   Electors. 


Presidential 
electors,  meet, 
ing,  organiza- 
tion. 

1890,  423,  §§175, 
176. 


proceedings. 


Section  224.  The  persons  chosen  electors  of  president 
and  vice  president  of  the  United  States  shall  meet  at  the 
state  house  in  the  city  of  Boston  on  the  Saturday  pre- 
ceding the  second  Monday  in  January,  succeeding  their 
election,  at  three  o'clock  in  the  afternoon,  and  organize  by 
the  choice  of  a  presiding  officer  and  secretary. 

On  such  second  Monday  in  January,  if  the  whole  num- 
ber of  electors  chosen  are  not  present,  the  electors  present 
shall  proceed  to  elect  as  many  electors  as  may  be  nec- 
essary to  complete  the  full  number  in  accordance  with 
the  provisions  of  section  two  hundred  and  fifteen  of  this 
act.  They  shall  thereupon  vote  by  ballot  for  president 
and  vice  president  of  the  United  States,  one  of  whom 
at  least  shall  not  be  an  inhabitant  of  this  Common- 
wealth. They  shall  name  in  their  ballots  the  person 
voted  for  as  president,  and  in  distinct  ballots,  the  person 
voted  for  as  vice  president ;  and  they  shall  make  distinct 
lists  of  all  the  persons  voted  for  as  president  and  of  all 
persons  voted  for  as  vice  president,  and  of  the  number 
of  votes  given  for  each,  which  lists  they  shall  sign  and 
certify,  and  transmit,  sealed,  to  the  seat  of  government 
of  the  United  States,  directed  to  the  president  of  the 
senate  ;  and  they  shall  in  all  other  res})ects  proceed  con- 
formably to  the  constitution  and  laws  of  the  United 
States, 
compensation.  Section  225.  Eacli  clcctor  shall  receive  three  dollars  a 
day  for  attendance  and  one  dollar  for  every  five  miles  of 
travel  from  his  place  of  residence  to  the  place  of  meeting. 


Candidate,  pay- 
ment of  money, 

1892,  416,  §1. 


TITLE    VIII. 

1.     Corrupt  Practices. 

Section  226.  No  person  shall,  in  order  to  aid  or  pro- 
mote his  own  nomination  as  a  candidate  for  pul)lic  office, 
by  a  caucus,  convention  or  nomination  paper,  directly  or 
indirectly,  by  himself  or  through  another  person,  or  by  a 
political  committee,  give,  pay,  expend  or  contribute,  or 
promise  to  give,  pay,  expend  or  contribute,  any  money  or 
other  valuai)le  thing,  except  for  personal  expenses  as  here- 
inafter provided. 


Acts,  1893.  — Chap.  417.  1239 

Section'  227 .     No  person  .shall,  in  order  to  aid  or  pro-  Candidate, 
mote  his  own  nomination  or  election  to  a  public  office,  appointmint, 
directly  or  indirectly,  by  himself  or  thr()U2:h  another  per-  1892, 4i6,  §2. 
son,  })romise  to  ap})()int,  or  ])romisc  to  secure  or  assist  to 
secure  the  appointment,  nonnnation  or  election  of  another 
person  to  a  public  position  or  to  a  position  of  iionor,  trust 
or  emolument,   except  that  he  may  announce  or  define 
"U'hat  is  his  choice  or  purpose  in  relation  to  an  election  in 
which  he  may  be  called  to  take  part,  if  he  shall  be  elected 
to  the  public  office  for  which  he  is  a  candidate. 

Section  228.     No  person  shall,  in  order  to  aid  or  pro-    payment,  etc., 
mote  his  own  election  to  a  public  office,  directly  or  in- reguTa°ted'.  ^ '^'' 
directly,  by  himself  or  throuirh  another  person,  give,  pay,  i^^^- *'*'•  S^- 
expend  or  contribute,  or  promise  to  give,  pay,  expend  or 
contribute,  any  money  or  other  A^alua])le  thing,  except  for 
personal  expenses  and  to  a  political  committee  as  herein- 
after provided. 

Section  229.  A  candidate  for  nomination  or  for  election  personal 
to  a  public  office,  and  any  other  person,  may  incur  and  pay,  i892i'4T6*'§4. 
in  connection  with  such  nomination  or  election,  his  own 
personal  expenses  for  travelling  and  for  purposes  properly 
incidental  to  travelling ;  for  writing,  printing  and  pre- 
paring for  transmission  any  letter,  circular  or  other  pub- 
lication which  is  not  issued  at  regular  intervals,  whereby 
he  may  make  known  his  own  position  or  views  upon  pub- 
lic or  other  questions ;  for  stationery  and  postage,  for 
telegraph,  telephone  and  other  public  messenger  service, 
and  for  other  petty  personal  purposes,  but  all  such  ex- 
penses shall  be  limited  to  those  which  are  directly  incurred 
and  paid  bv  him ;    and  no  person   shall  be  reciuired   to     not  to  be 

1,  ",  1  .  jvji-i     included  In 

include   such  personal  expenses  in  any  statement  which  statement. 
may  be  required  of  him  under  this  act. 

Section  230.     A  person  who  is  nominated  as  a  candi-     '^o'unfry 

1  ,  ,  payment  to 

date  for  public  office,  by  a  caucus,  convention  or  nomina-  committee. 
tion  paper,  and  a  person  who  shall  with  his  own  assent  be 
voted  for  for  public  office,  may  make  a  voluntary  payment 
of  money  or  a  voluntary  and  unconditional  promise  of  pay- 
ment of  monc}^  to  a  political  committee,  as  hereinafter  de- 
fined, for  the  promotion  of  the  principles  of  the  party 
which  the  committee  represents,  and  for  the  general  pur- 
poses of  the  committee. 

Section  231.     The  term  "  political  committee",  under  Political  com- 
the  provisions  of  this  title,  shall  apply  to  every  committee  1392, 416,  §6. 
or  combination  of  three  or  more  persons  who  shall  aid  or 


1240 


Acts,  1893.  — Chap.  417. 


Political  com. 
mittee,  treas- 
urer, accounts. 


receipt  or  die- 
bursement  of 
money  pro- 
hibited until 
treasurer  is 
chosen. 


agent  to  ac- 
count to  treas- 
urer. 
1892,  416,  §7. 


treasurer's 
accounts  and 
records. 

treasurer  to 
file  statement, 

189*2,  416,  §8. 


contents  of 
statement. 


promote  the  success  or  defeat  of  a  political  party  or  prin- 
ciple in  a  public  election,  or  shall  aid  or  take  part  in  the 
nomination,  election  or  defeat  of  a  candidate  for  public 
office.  Every  such  committee  shall  have  a  treasurer,  who 
is  a  legal  voter  of  the  Commonwealth,  and  shall  cause  to 
be  kept  by  him  detailed  accounts  of  all  money,  and  the 
equivalent  of  money,  which  shall  be  received  by  or  prom- 
ised to  the  committee,  or  by  any  person  acting  under 
its  authority  or  in  its  behalf,  and  of  all  expenditures,  dis- 
bursements and  promises  of  payment  or  disbursement 
which  shall  l^e  made  l)y  the  committee  or  by  any  person 
acting  under  its  authority  and  in  its  behalf;  and  no  per- 
son, acting  under  the  authority  or  in  behalf  of  such  com- 
mittee, shall  receive  any  mone}^,  or  equivalent  of  money, 
or  expend  or  disburse  the  same,  until  the  committee  has 
chosen  a  treasurer  to  keep  its  accounts  as  herein  provided. 

Sectiox  232.  A  person  M'ho,  acting  under  the  author- 
ity or  in  behalf  of  a  political  committee,  shall  receive  any 
money  or  equivalent  of  money  or  promise  of  the  same,  or 
shall  expend  anj'  money  or  its  equivalent,  or  shall  incur 
any  liability  to  pay  money  or  its  equivalent,  shall  at  any 
time  thereafter  on  demand  of  the  treasurer  of  such  com- 
mittee, and  in  any  event  within  fourteen  days  after  such 
receipt,  expenditure,  promise  or  liability,  give  to  such 
treasurer  a  detailed  account  of  the  same,  with  all  vouchers 
required  by  this  act ;  and  such  account  shall  constitute  a 
part  of  the  accounts  and  records  of  such  treasurer. 

Section  233.  The  treasurer  of  every  political  commit- 
tee which  shall  receive  or  expend  or  disburse  an}'^  money,  or 
equivalent  of  money,  or  incur  any  liability  to  pay  money, 
in  connection  with  an}^  election,  if  the  aggregate  of  such 
receipts  or  of  such  expenditures,  disbursements  and  liabil- 
ities shall  exceed  twenty  dollars,  shall  within  thirty  days 
after  such  election  file  a  statement  setting  forth  all  the 
receipts,  expenditures,  disbursements  and  liabilities  of  the 
committee,  and  of  every  officer  and  other  person  acting 
under  its  authority  and  in  its  behalf.  Such  statement 
shall  include  the  amount  in  each  case  received,  the  name 
of  the  person  or  committee  from  whom  it  was  received, 
and,  so  far  as  practicable,  the  date  of  its  receipt,  and  shall 
also  include  the  amount  of  every  expenditure  or  disburse- 
ment, the  name  of  the  person  or  committee  to  whom  the 
expenditure  or  disbursement  was  made,  and,  so  far  as 
practicable,  the  date  of  every  such  expenditure  and  dis- 


Acts,  1893.  — Chap.  417.  1241 

bursement ;  and,  except  where  such  expenditure  or  dis- 
bursement was  made  to  another  })()litical  committee,  shall 
clearly  state  the  purpose  for  which  it  was  expended  or 
disbursed.  The  statement  shall  also  ofive  the  date  and 
amount  of  every  existinii'  i)roniise  or  liability,  both  to  and 
from  such  connnittee,  remaining  unfullilled  and  in  force 
at  the  time  the  statement  is  made,  with  the  name  of  the 
person  or  committee  to  or  from  whom  the  unfulhlled 
}n"omise  or  liability  exists,  and  clearly  state  the  purpose 
for  which  the  promise  or  liability  was  made  or  incurred. 

Skctiox  234.     Every  person  who,  acting  otherwise  than  other  perBons 
under  the  authority  and  in  behalf  of  a  political  committee  requirements. 
having   a   treasurer    as    hereinbefore    provided,    receives  ^*'^'' ^^^' ^^" 
money  or  the   equivalent  of  money,  or  expends  or  dis- 
burses, or  promises  to  expend  or  disl)urse  money  or  its 
equivalent,  to  an  amount  exceeding  twenty  dollars,  for  the 
purpose  of  aiding  or  promoting  the  success  or  defeat  of  a 
political  party  or  principle  in  a  public  election,  or  of  aid- 
ing or  taking  part  in  the  nomination,  election  or  defeat  of 
a  candidate  for  public  office,  shall  file  such  statement  as  is 
herein  required  to   be   filed   by  a  treasurer  of  a  political 
committee,   in  the   city  or  town  in  which  he  is  a  legal 
voter,  and  shall  be  subject  to  all  the  requirements  of  this 
act,  the  same  as  a  political  committee  and  the  treasurer 
thereof;  but  no   person   other  than  a  legal  voter  of  the  Persons  not 
Commonwealth    shall    receive,   expend    or    disburse    any  exp'e^dHuTeT,'*' 
money  or  equivalent  of  money,  or  promise  to  expend  or  *''*'• 
disl)urse   the   same,    for   either    of    the    purposes   above- 
named,  except  for  personal  expenses  as  is  herein  pro- 
vided, or  under  the  authority  and  in  behalf  of  a  political 
committee. 

.  Sectiox  235.     No  person  shall,  directly  or  indirectly,  Payments,  etc., 
by  himself  or  through  another  person,  make  a  payment  or  et^^^  P^y^^- 
promise   of   payment  to  a  political   connnittee  or  to  an  i^^^-- ^le,  §io. 
officer  or  other  person  acting  under  its  authority  or  in  its 
behalf,  in  any  other  than  his  own   name  ;  nor  shall   such 
committee,  officer   or  other  person  knowingly  receive  a 
payment  or  promise  of  payment,  or  enter  or  cause  the 
same  to  be   entered   in  the  accounts  or  records  of  such 
committee,  in  any  other  name  than  that  of  the  person  by 
whom  such  payment  or  promise  of  payment  is  made. 

Sectiox  236.     No  political  committee,  and  no  person  Candidate, 
acting  under  the  authority  or  in  behalf  of  a  political  com-  money "fom.'^'' 
mittee,  shall  demand,  solicit,  ask  or  invite  a  payment  of  i^g-,  4i6,  §u. 


12^2 


Acts,  1893.  — Chap.  417. 


Candidate, 
payment  by, 
when  solicited. 


Naturalization 
fees,  payment 
of,  etc. 
1893,  376. 


Treasurer's 
statement, 
tiling,  etc. 
1892,' 416,  §§12, 
16. 


duplicate. 


under  oath. 


Equity  powers 
of  courts;  pro- 
ceedings, etc. 
1890,  416.  §13. 


money  or  promise  of  payment  of  money  to  he  u.sed  in  an 
election,  from  a  person  who  has  been  nominated  by  a 
caucus,  convention  or  nomination  paper,  as  a  candidate 
for  public  office  in  such  election  ;  and  no  person  so  nom- 
inated shall  make  any  such  payment  in  an  election  in 
which  he  is  a  candidate  for  pu])lic  office,  to  a  political 
committee  or  to  any  person  acting  under  the  authority  or 
in  the  behalf  of  a  political  committee,  if  such  committee 
or  any  such  person  has  demanded,  solicited,  asked  or  in- 
vited from  him  any  such  payment  or  promise  of  payment. 

Section  237.  No  political  committee  and  no  person 
who  is  required  to  file  a  statement  in  accordance  with  the 
foregoing  provisions  of  this  title,  shall  make  any  payment 
or  promise  of  payment  of  money  to  or  in  behalf  of  any 
person,  for  fees  for  the  primary  or  final  declaration  or 
application  for  naturalization,  or  for  services  as  counsel 
or  otherwise  in  assisting  any  one  to  make  such  declaration 
or  application. 

Section  238.  The  statement  required  by  this  act  to  be 
filed  by  a  treasurer  of  a  political  committee  shall  be  filed 
with  the  clerk  of  the  city  or  town  in  which  the  treasurer 
is  a  legal  voter,  except  that,  in  case  a  political  committee 
has  its  headquarters  in  some  other  city  or  town  than  that 
in  which  the  treasurer  is  a  legal  voter,  the  treasurer  shall 
file  the  statement  required  of  him  with  the  clerk  ot  the 
city  or  town  in  which  such  headquarters  are  maintained  at 
the  time  of  the  election  to  which  the  statement  relates. 
A  statement  relating  to  any  other  than  a  city  election, 
or  than  an  election  on  the  part  of  a  city  council  or 
of  either  branch  thereof,  shall  be  filed  in  duplicate,  and 
one  copy  shall  be  forthwith  forwarded  by  the  city  or  town 
clerk  receiving  the  same  to  the  secretary  of  the  Common- 
wealth, by  whom  it  shall  l)e  placed  on  file.  Every  person 
making  a  statement  required  by  the  provisions  of  this  title 
shall  make  oath  that  the  same  is  in  all  respects  correct  and 
true  to  the  best  of  his  knowledge  and  belief. 

Section  239.  The  supreme  judicial  court  and  the  supe- 
rior court  shall  have  full  equity  powers  to  compel  any 
person  who  fails  to  file  a  statement  required  by  this  act, 
or  who  files  a  statement  which  does  not  conform  to  the 
provisions  of  this  act  in  respect  to  the  truth,  sufficiency 
in  detail,  or  otherwise,  to  comply  with  the  provisions  of 
this  title  by  filing  such  a  statement  as  is  reciuired,  and 
may  compel  such  compliance   u]^on  the   petition  of  any 


Acts,  1893.  — Chap.  417.  1243 

candidate  voted  for  or  of  any  five  ])orson3  qualified  to 
vote  at  the  eleetion  on  account  of  "which  the  cxijenditures, 
or  any  part  thereof,  were  made  or  are  alleged  to  have 
l)een  made.  Xo  such  petition  shall  be  brought  later  than 
sixty  days  after  such  election,  against  any  one  who  has 
tiled  his  account  within  the  thirty  days  required,  except 
that  a  petition  may  be  brought  Avithin  thirty  days  of  any 
payment  which  was  not  included  in  the  statement  so  filed. 
Proceedings  under  this  section  shall  be  advanced  upon 
the  dockets  of  said  courts,  if  requested  by  either  party, 
so  that  they  may  be  tried  and  decided  with  as  little  delay 
as  possible.  No  petition  l)rought  under  this  title  shall  be 
withdrawn  or  discontinued  without  the  consent  of  the 
attorney-general . 

Sectiox  240.     Xo  person  called  to  testify  in  any  pro-  witness  not 
ceedings  under  the   preceding  section  shall  be  liable  to  'Jfc'!''*'  "''''"'p'' 
criminal  prosecution  under  this  act  or  otherwise,  for  any  i^a-,  4i6,  §u. 
matters  or  causes  in  respect  of  which  he  shall  be  exam- 
ined, or  to   which  his  testimony  shall  relate,  except  to 
prosecution  for  perjury  committed  in  such  testimony. 

Sectiox  241.  If  any  statements  which  are  filed  under  statements, 
the  provisions  of  this  title  shall  apparently  fail  to  be  in  1892^416 °§i5'. 
conformity  with  the  requirements  thereof,  it  shall  be  the 
duty  of  the  clerk,  with  whom  any  such  statement  is  filed, 
forthwith  to  notify  the  person  making  the  same,  of  such 
laihire,  and  to  request  him  to  amend  and  correct  his 
statement. 

Sectiox  242.     All  statements  which  are  filed  in  accord-  opentrpubUc' 
ance  with  the  provisions  of  this  title  shall  be  preserved  \^9^^fi^°°j|7. 
for  not  less  than  fifteen  months  from  the  time  of  the  elec- 
tion to  which  they  relate,  and  shall  during  such  period  be 
open  to  public  inspection,  under  reasonable  regulations. 

Sectiox  243.     A  clerk  of  a  city  or  town  shall  give  a    cierktogive 
receipt  for  any  statement  which  may  be  filed  with  him  in  is92, 416,  §19. 
accordance  with  the  provisions  of  this  title,  at  the  request 
of  the  person  filing  the  same. 

Sectiox  244.     Everypavment  in  respect  of  any  expense  vouchers. 

,  T  I'l.,!  ji/'  1  ^i  '      iiccounts,  etc., 

incurred,  which  is  to  be  accounted  tor  under  the  provi-  ,, reservation. 
sions  of  this  title  shall,  unless  the  total  expense  payable  to  i892.  *i6,  §20. 
the  same  person  is  less  than  five  dollars,  be  vouched  for 
by  a  receipted  bill  stating  the  particulars  of  expense,  and 
every  voucher,  receipt  or  account  hereby  required  shall 
l)e  preserved  for  at  least  six  months  from  the  election  to 
which  they  relate. 


1244 


Acts,  1893.  — Chap.  417. 


Blanks  to  be 
furnished. 
1892,  416,  §18. 


Nominations 
and  elections  to 
which  title  shall 
apply. 
1892,416,  §21. 


§§226,  228,  235 
not  applicable 
to  certain  pub- 
lishers, etc. 


Section  245.  The  secretary  of  the  CommonTvealth 
shall,  at  the  expense  of  the  Commonwealth,  provide  every 
city  and  town  with  blank  forms  suitable  for  such  statements 
and  receipts  for  statements  as  are  required  under  the  pro- 
visions of  this  title.  Such  blank  forms  shall  be  approved 
by  the  secretary,  treasurer  and  auditor  of  the  Common- 
wealth, or  by  a  majority  of  them. 

Section  246.  The  provisions  of  this  title  shall  apply 
to  all  public  elections,  except  elections  of  town  officers  in 
towns,  and  shall  apply  to  elections  by  the  general  court 
and  by  city  councils,  and  In^  either  branch  thereof,  to  the 
nomination  by  caucuses  and  conventions  and  nomination 
papers  of  candidates  to  be  voted  for  at  such  elections,  ex- 
cept that  sections  two  hundred  and  twenty-six,  two  hun- 
dred and  twenty-eight  and  two  hundred  and  thirty-five 
of  this  title  shall  not  apply  to  the  proprietors  and  puli- 
lishers  of  publications  issued  at  regular  intervals,  in 
respect  to  the  ordinary  and  regular  conduct  of  their 
business  as  such  proprietors  and  publishers. 


TITLE   IX. 


State  officers 
elected 
annually. 
1890,  423,  §147. 


Presidential 

electors. 

1890,  423,  §§1T0, 

171. 


1.     Officers  to  be  Elected  at  State  Elections. 

Section  247.  At  the  annual  state  election  in  each  year 
there  shall  be  chosen,  as  prescribed  by  the  constitution,  by 
the  voters  of  the  entire  Commonwealth,  a  governor,  lieu- 
tenant governor,  secretary,  treasurer  and  receiver  general, 
auditor,  and  attorney-general ;  by  the  voters  in  each 
councillor  district,  one  councillor ;  by  the  voters  in 
each  senatorial  district,  one  senator;  and  by  the  voters 
in  each  representative  district,  such  number  of  repre- 
sentatives as  the  district  is  by  law  entitled  to  elect. 

Section  248.  At  the  annual  state  election  in  each  year 
in  which  by  the  laws  of  the  United  States  electors  of 
president  and  vice  president  are  required  to  be  appointed, 
there  shall  be  chosen  by  the  voters  of  the  entire  Common- 
wealth, a  number  of  electors  of  president  and  vice  presi- 
dent equal  to  the  whole  number  of  senators  and  repre- 
sentatives to  which  the  Commonwealth  is  entitled  in 
congress. 

Section 


Kngrelt!'^*^       SECTION  249.     At  the  annual  state  election  in  the  \'ear 

1890, 423, §166.     eighteen  hundred  and  ninety-four,  and  in  every   second 

year  thereafter,  there  shall  be  chosen  by  the  voters  in  each 


Acts,  1893.  — Chap.  417.  1245 

congressional  district  of  the  Commonwealth,  a  representa- 
tive in  the  congress  of  the  United  States. 

Section  250.  At  the  annual  state  election  in  the  year  nutrict  attor- 
eighteen  hundred  and  ninety-hve,  and  in  every  third  year  S,'423,  §i89. 
thereafter,  there  shall  be  chosen  by  the  voters  in  each  of 
the  districts  into  Avhich  the  C^ommonwealth  is  divided  for 
the  administration  of  the  criminal  law,  a  district  attorney, 
who  shall  be  a  resident  within  the  district  for  which  he  is 
chosen. 

Section  251.  At  the  annual  state  election  in  the  year  cierksofthe 
eighteen  hundred  and  ninety-six,  and  in  every  fifth  j^ear  is9o?4'23,  §190. 
thereafter,  there  shall  be  chosen  by  the  voters  in  the 
county  of  Sufiblk,  a  clerk  of  the  supreme  judicial  court  for 
said  county,  and  two  clerks  of  the  superior  court  for  said 
county,  one  for  the  civil  business  and  one  for  criminal 
business ;  and  by  the  voters  in  each  of  the  other  counties, 
there  shall  be  chosen  a  clerk  of  the  courts  for  the  county, 
who  shall  act  as  clerk  of  the  supreme  judicial  court,  of 
the  superior  court,  and  of  the  county  commissioners. 

Section  252.     At  the  annual  state  election  in  the  year  Registers  of 
eighteen  hundred  and  ninety-three,  and  in  every  fifth  year  TnTo'ivLDcy.'' 
thereafter,  there    shall  be    chosen  by  the  voters  of  each  {gol*'  *^^'  ^^^^^' 
county,  a   register   of    probate    and   insolvency   for   the 
county. 

Section  253.  At  the  annual  state  election  in  the  year  Registers  of 
eighteen  hundred  and  ninety-four,  and  in  every  third  i89o!*i23,§i96. 
year  thereafter,  there  shall  be  chosen  by  the  voters  of 
each  district  for  the  registry  of  deeds,  and  of  each  county 
not  divided  into  districts  for  such  purpose,  a  register  of 
deeds  for  such  district  or  county,  who  shall  be  a  resident 
within  the  district  or  county  for  which  he  is  chosen. 

Section  254.     At  the  annual  state  election  in  the  year  commissioners 
eighteen  hundred  and  ninety-five,  and  in  every  third  year  iLol^lz^'iiid. 
thereafter,  there   shall  l)e    chosen   by  the  voters    of  the 
county  of  Worcester,  four  commissioners  of  insolvency, 
and  by  the  voters  of  each  of  the  other  counties,  three 
commissioners  of  insolvency. 

Section  255.     At  the  annual  state  election  in  each  year  county  com- 
there    shall  be    chosen  by  the  voters    of  the  county  of  "8S423'§§i93, 
]\Iiddlesex  and  of  the  city  of  Chelsea  and  the  towns  of  ^'^^'  ^^^• 
Revere  and  Winthrop,  one  county  commissioner  for  said 
county,  city  and  towns,  and  Ijy  the  voters  of  each  of  the 
other  counties,  except  the  counties  of  Suffolk  and  Nan- 
tucket, one  county  commissioner  for  the  county. 


1246 


Acts,  1893.  — Chap.  417. 


Special  com- 
missioners. 


Not  more  than 
one  commis- 
sioner from 
same  place. 


Number  of 
county  commis- 
sioners. 

Sheriffs. 
1890,  42.3,  §192. 


County  treas- 
urers. 
1890,  423,  §196. 


At  the  annual  state  election  in  the  year  eighteen  hun- 
dred and  ninety-live,  and  in  every  third  year  thereafter, 
there  shall  likewise  be  chosen  l)y  the  voters  of  the  county 
of  Middlesex  and  of  the  city  of  Chelsea  and  the  towns 
of  Eevere  and  Winthrop,  two  special  commissioners  for 
said  county,  city  and  towns,  and  by  the  voters  of  each  of 
the  other  counties,  except  the  counties  of  Sufiblk  and 
Nantucket,  two  special  commissioners  for  the  county. 

Xot  more  than  one  of  the  county  commissioners  and 
special  commissioners  shall  be  chosen  from  the  same  city 
or  town.  If  at  any  election  two  persons  residing  within 
the  same  city  or  town  shall  receive  a  plurality  of  votes, 
whereby  otherwise  one  would  be  elected  a  county  commis- 
sioner and  the  other  a  special  commissioner,  or  both 
would  be  elected  to  either  office,  the  one  only  who  receives 
the  larger  number  of  votes  shall  be  deemed  and  taken  to 
be  elected ;  but  if  both  shall  receive  an  equal  number  of 
votes,  neither  of  them  shall  be  deemed  and  taken  to  be 
elected.  If  a  person,  residing  in  a  city  or  town  in  which 
a  county  commissioner  or  a  special  commissioner  who  is 
to  remain  in  office  also  resides,  shall  receive  a  plurality 
of  votes,  whereby  he  otherwise  would  be  elected,  he  shall 
not  be  deemed  and  taken  to  be  elected.  If  the  person 
receiving  the  highest  number  of  votes  for  county  commis- 
sioner or  special  commissioner  is  taken  not  to  be  elected, 
by  reason  of  the  above  provisions,  the  person  receiving 
the  next  highest  number  of  votes  for  the  office,  residing 
in  another  city  or  town,  shall  ])e  taken  to  be  elected  to  the 
office,  except  that  in  case  two  persons  residing  in  the  same 
city  or  town  receive  an  equal  number  of  votes  for  the 
same  office  and  are  taken  not  to  be  elected,  then  no  per- 
son shall  be  taken  to  be  elected  to  the  office. 

There  shall  be  three  county  commissioners  in  each 
county,  except  the  counties  of  Sufiblk  and  Nantucket. 

Sectiox  256.  At  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-five,  and  in  every  third  year 
thereafter,  there  shall  be  chosen  by  the  voters  in  each 
county,  a  sheriff  for  the  county. 

Section  257.  At  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-four,  and  in  every  third  year 
thereafter,  there  shall  be  chosen  by  the  voters  in  each 
county,  except  the  counties  of  Suffolk  and  Nantucket, 
a  county  treasurer,  who  shall  be  a  resident  within  the 
county  for  which  he  is  chosen. 


Acts,  1893.  — Chap.  417.  1247 

Section  258.    District  uttornevs,  rcijisters  of  deeds,  com-  Terms  of  office. 

/.      .  1  1  •       •  -1    1S90,  423,  §§1S8- 

missioners  oi  insolvency,  county  commissioners,  special  m,  iqg;  ism, 
commissioners,  sheriffs  and  county  treasurers  shall  hold  "'''  ^^" 
their  several  offices  for  terms  of  three  years,  lieiriuning 
with  the  first  AVednesday  of  January  in  the  j^ear  succeed- 
inir  their  respective  elections  in  accordance  with  the  pro- 
visions of  the  preceding  sections  of  this  title,  and  until 
their  respective  successors  are  chosen  and  qualified. 

Clerks  of  the  courts  and  registers  of  probate  and  insol- 
vency shall  hold  their  several  ofiices  for  terms  of  five 
years,  beginning  with  the  first  Wednesday  of  Januarj^  in 
the  year  succeeding  their  respective  elections  in  accord- 
ance with  the  provisions  of  the  preceding  sections,  and 
until  their  respective  successors  are  chosen  and  qualified. 

The  persons  now  holding  the  aforesaid  ofiices  shall  con- 
tinue to  hold  such  ofiices  during  the  terms  for  which  they 
have  been  respectively  chosen,  and  until  their  respective 
successors  are  chosen  and  qualified,  unless  sooner  removed 
as  provided  by  law. 

TITLE   X. 
1.     Provisions  Applicable  to  Town  Meetings. 

Section  259.     The  annual  meeting  of  each  town  shall  be  Town  meetings, 
held  in  February,  March  or  April ;  and  other  meetings  mTnt'g^  ^°"'^°' 
may  be  held  at  such  times  as  the  selectmen  may  order.  ^*^'^'  *^^'  ^"^*^^' 
Meetings  may  be  adjourned  from  time  to  time,  and  to  any 
place  within  the  town. 

Section  260.     Every  meeting  in  a  town  for  the  election  warrants, 

/•,,/!>  n'  ji'^j_  j_'  1    notification. 

oi  state  oincers,  and  every  other  town  meeting,   except  isoo,  423,  §§210, 
as  hereinafter  provided,  shall  be  held  in  pursuance  of  a  ^^^" 
w^arrant,  under  the  hands  of  the  selectmen,  directed  to 
the  constables    or  to  some  other  persons    appointed  by 
the  selectmen  for  the  purpose,  who  shall  forthwith  notify 
such  meeting  in  the  manner  prescril)ed  by  the  l)y-laws, 
or,  if  there  are  no  by-laws,  by  a  vote  of  the  town.     The     contents;  ac- 
warrant  shall  express  the  time  and  place  of  the  meeting  not°contained'^'* 
and  the  sul)jects  to  be  there  acted  upon,  and  the  select-  c^ude  ii"or '° 
men  shall  insert  in  the  warrant  all  subjects  which  may,  more  meetings. 
in  writing,  be   requested  of  them  by  any  ten   or  more 
voters  of  the  town.     Nothing  acted  upon  at  such  meeting 
shall   have   a  legal    operation    unless  the    subject-matter 
thereof  is  contained  in  the  warrant.     The  selectmen  may 
by  the  same  warrant  call  two  or  more  distinct  town  meet- 
ings for  distinct  purposes. 


1248 


Acts,  1893.  — Chap.  417. 


Warrants,  in 
case  of  vacancy 
in  office  of 
selectmen. 
1890,  423,  §213. 


justice  of  the 
peace  may 
issue,  etc. 
1890,  423,  §212. 


Moderator, 
election,  etc. 
1890,  423,  §§214, 
215,  216. 


voting  list, 
use  of. 


general 
powers  and 
duties. 
1890,  423,  §217 


■when  vote  is 
questioned. 


in  case  of  per. 
sons  spealiing, 
disorderly  con- 
duct, etc. 
1890,  423,  §§218, 
220. 


Section  261.  If  by  reason  of  death,  resignation  or 
removal  from  a  town,  a  majority  of  the  selectmen  shall 
vacate  their  offices,  or  if  the  full  number  shall  fail  to  be 
elected  or  omit  to  be  qualified  accordino;  to  law,  the  select- 
men or  selectman  remaining  or  being  in  office  may  call  a 
town  meeting. 

Section  262.  If  the  selectmen  unreasonably  refuse  to 
call  a  town  meeting,  a  justice  of  the  peace,  ui)on  the 
application  of  ten  or  more  legal  voters  of  the  town,  may 
call  such  meeting  by  a  warrant  under  his  hand  directed  to 
the  constables  of  the  town,  if  there  are  any,  or,  if  there 
is  no  constable,  then  to  any  of  the  persons  applying 
therefor,  directing  them  to  summon  the  inhabitants, 
qualitied  to  vote  in  town  affairs,  to  assemble  at  the  time 
and  place  and  for  the  purposes  expressed  in  the  warrant. 

Section  263.  At  every  town  meeting,  except  for  the 
election  of  state  officers,  a  moderator  shall  first  be  chosen. 
During  the  election  of  a  moderator,  the  town  clerk,  if 
present,  shall  preside,  ])ut  if  he  is  absent,  or,  if  there  is 
no  town  clerk,  the  chairman  or  senior  member  present 
of  the  selectmen  shall  preside,  and  if  neither  the  town 
clerk  nor  a  selectman  is  present,  the  justice  of  the  peace 
calling  such  meeting,  if  the  meeting  is  so  called,  shall 
preside.  A  town  clerk,  selectman  or  justice  of  the  peace, 
when  so  presidi)ig,  shall  have  the  powers  and  perform  the 
duties  of  a  moderator.  The  voting  list  shall  be  used  in 
the  election  of  a  moderator  at  every  meeting  held  for  the 
election  of  town  officers. 

Section  264:.  The  moderator,  when  elected  at  a  town 
meeting,  shall  preside  at  the  meeting,  may  in  open  meet- 
ing administer  the  oath  of  office  to  any  town  officer 
chosen  thereat,  shall  regulate  the  business  and  proceed- 
ings of  the  meeting,  decide  all  questions  of  order,  and 
make  public  declaration  of  all  votes  passed.  When  a 
vote  so  declared  by  him  is  immediately  questioned  by 
seven  or  more  of  the  voters  present,  he  shall  verify  the 
vote  by  polling  the  voters  or  by  dividing  the  meeting, 
unless  the  town  has  by  a  previous  order  or  by  its  by-laws 
otherwise  provided. 

Section  265.  No  person  shall  address  a  town  meeting 
without  leave  of  the  moderator,  nor  while  another  person 
is  speaking  by  permission  of  the  moderator ;  and  all  per- 
sons shall  at  the  request  of  the  moderator  l)e  silent.  If 
a  person  behaves  in  a  disorderly  manner,  and,  after  notice 
from  the  moderator,  persists  in  such  behavior,  the  mod- 


Acts,  1893.  —  Chap.  417.  1249 

orator  may  order  liini  to  withdraw  from  the  meeting  ;  and 
it"  ho  ret'use.s  or  tails  to  withdraw,  may  order  a  constable 
or  any  other  person  to  remove  him  from  the  meeting  and 
contine  him  in  some  convenient  place  until  the  meeting  is 
adjourned. 

2.     Election  of  Towx  Officers. 
Sectiox  266.     Every  town  at  its  annual  meetino;  shall  be'^^.Sd'"^"' *° 


m 


every  year,  exce})t  as  is  otherwise  provided  in  sections  f,!:,?^',^'^' 
two  hundred  and   sixty-seven,  two    hundred    and   sixty- loofisW.  221, 
eight,   two    hundred    and    sixty-nine,   two    hundred    and     '    ^^'  ^"^' 
seventy-one  and  two  hundred  and   seventy-two  of  this 
title,  choose  from  the   inhabitants  thereof  the  following 
named  town  officers  wdio  shall,  unless  so  otherwise  pro- 
vided, serve  during  the  year  :  — 

A  town  clerk ; 

Three,  five,  seven  or  nine  selectmen ; 

Three  or  more  assessors  ;  and,  if  the  town  shall  vote  so 
to  do,  three  or  more  assistant  assessors ; 

Three  or  more  overseers  of  the  poor ; 

A  town  treasurer,  whom  the  town  may  at  any  meeting 
appoint  collector  of  taxes  ; 

One  or  more  collectors  of  taxes,  if  the  town  shall 
vote  so  to  do  ; 

One  or  more  auditors  ; 

One  or  more  surveyors  of  highways ; 

A  road  commissioner,  if  the  town  has  provided  for  the 
election  of  road  commissioners  ; 

A  sewer  commissioner,  if  the  town  has  provided  for  the 
election  of  sewer  connuissioners  ; 

One  or  more  constables,  who  shall  also  be  collectors 
of  taxes,  unless  other  persons  are  specially  chosen  or 
appointed  collectors  of  taxes  ; 

Two  or  more  field  drivers  ; 

Two  or  more  fence  viewers ;  and  all  other  usual  town 
officers. 

The  tow^n  shall  likewise  at  its  annual  meeting  or  at  a 
meeting  held  in  the  same  month  in  which  the  annual 
meeting  occurs,  choose  meml)ers  of  the  school  committee, 
in  accordance  with  the  provisions  of  law ;  and  the  town 
shall  at  the  annual  meeting  choose  such  other  officers  as 
are  then  required  by  law  to  be  chosen. 

In  the  choice  of  overseers  of  the  poor  no  i)erson  shall     overseers  of 

1  ^  I  the  poor,  sex. 

be  ineligi])le  for  the  office  by  reason  of  sex. 

A  person  chosen  auditor  shall  hold  no  other  town  office.  ,  ai''"tor,  not  to 

*■  hold  otheromce. 


1250  Acts,  1893.  — Chap.  417. 

tionoTfor'thr^ee       Sectiox  267.     A  town  whicli,  previous  to  the  passage  of 
yea^s.  this  act,  has  accepted  the  provisions  of  any  statute  author- 

izing the  election  of  its  selectmen  in  substantially  the 
following  manner,  or  which  shall  hereafter  at  an  annual 
meeting  or  at  a  meeting  held  in  accordance  with  the  pro- 
visions of  section  two  hundred  and  ninety-four  of  this 
title,  accept  the  provisions  of  this  section,  and  which  has 
not  or  shall  not  have  revoked  such  acceptance,  shall 
elect  its  selectmen  in  the  following  manner :  — 

If  the  numl)er  of  selectmen  is  iixed  by  the  town  to  be 
three,  the  town  shall  at  the  annual  meeting,  when  such 
acceptance  is  voted,  or  at  the  annual  meeting  next  succeed- 
ing the  meeting  at  which  such  acceptance  is  voted,  elect  one 
selectman  for  the  term  of  one  year,  one  selectman  for  the 
term  of  two  years,  and  one  selectman  for  the  term  of  three 
years ;  and  at  each  annual  meeting  thereafter  shall  elect 
one  selectman  for  the  term  of  three  j^ears.  If  the  number 
of  selectmen  is  required  to  be  live,  the  town  shall  at  such 
annual  meeting  elect  one  selectman  for  the  term  of  one 
year,  two  selectmen  for  terms  of  two  years,  and  two 
selectmen  for  terms  of  three  years ;  and  at  the  annual 
meeting  in  each  year  thereafter,  it  shall  elect  one  or  two 
selectmen  to  serve  for  terms  of  three  j^ears  accordingly  as 
the  term  of  office  of  one  or  two  expires  in  the  year.  If 
the  number  of  selectmen  is  required  to  be  seven,  the  tow^n 
shall  at  such  annual  meeting  elect  two  selectmen  for  terms 
of  one  year,  two  selectmen  for  terms  of  two  years,  and 
three  selectmen  for  terms  of  three  years ;  and  at  the 
annual  meeting  in  each  year  thereafter,  it  shall  elect  two 
or  three  selectmen  to  serve  for  terms  of  three  years  ac- 
cordingly as  the  term  of  office  of  two  or  three  expires  in 
the  year.  If  the  numl)er  of  selectmen  is  required  to  be 
nine,  the  town  shall  at  such  annual  meeting  elect  three 
selectmen  for  terms  of  one  year,  three  selectmen  for 
terms  of  two  years,  and  three  selectmen  for  terms  of 
three  years ;  and  at  the  annual  meeting  in  each  year 
thereafter  it  shall  elect  three  selectmen  to  serve  for  terms 
of  three  years. 
uorfor  two^oT*  Section  268.  A  town  which,  previous  to  the  jiassage  of 
ihree  years.  tliis  act,  has  acceptcd  the  provisions  of  any  statute  author- 
izing the  election  of  its  assessors  in  substantially  the 
following  manner,  or  wdiich  shall  hereafter  at  an  annual 
meeting  or  at  a  meeting  held  in  accordance  m  ith  the  pro- 
visions of  section  two  hundred  and  ninety-four  of  this  title, 


Acts,  1893.  — Chap.  417.  1251 

accept  the  provisions  of  this  section,  and  which  has  not 
or  shall  not  have  revoked  such  acceptance,  shall  elect  its 
assessors  in  the  following  manner :  — 

If  the  numl)er  of  assessors  is  tixed  by  the  town  to  be  AsseBBors,  eiec 
three,  the  town  shall  at  the  annual  meeting  when  such  three  years!  °' 
acceptance  is  voted,  or  at  the  annual  meeting  next  succeed- 
ing the  meeting  at  which  such  acceptance  is  voted,  elect 
one  assessor  for  the  term  of  one  year,  one  assessor  for  the 
term  of  two  years,  and  one  assessor  for  the  term  of  three 
years ;  and  at  each  annual  meeting  thereafter  it  shall  elect 
one  assessor  for  the  term  of  three  years.  If  the  number 
of  assessors  is  required  to  be  five,  the  town  shall  at  such, 
annual  meeting  elect  one  assessor  for  the  term  of  one 
year,  two  assessors  for  terms  of  two  years,  and  two 
assessors  for  terms  of  three  years ;  and  at  the  annual 
meeting  in  each  year  thereafter  it  shall  elect  one  or  two 
assessors  to  serve  for  terms  of  three  years  accordingly  as 
the  term  of  office  of  one  or  two  expires  in  the  year.  If  the 
number  of  assessors  is  required  to  be  seven,  the  town  shall 
at  such  annual  meeting  elect  two  assessors  for  terms  of  one 
year,  two  assessors  for  terms  of  two  years,  and  three 
assessors  for  terms  of  three  years ;  and  at  the  annual 
meeting  in  each  year  thereafter  it  shall  elect  two  or  three 
assessors  to  serve  for  terms  of  three  years  accordingly  as 
the  term  of  office  of  two  or  three  expires  in  the  year.  If 
the  number  of  assessors  is  required  to  be  nine,  the  town 
shall  at  such  annual  meeting  elect  three  assessors  for  terms 
of  one  year,  three  assessors  for  terms  of  two  years,  and 
three  assessors  for  terms  of  three  years  ;  and  at  the  annual 
meeting  in  each  year  thereafter  it  shall  elect  three  assessors 
to  serve  for  terms  of  three  years.  If  the  number  of 
assessors  is  required  to  be  four,  the  town  shall  at  such 
annual  meeting  elect  two  assessors  for  terms  of  one  year, 
and  two  assessors  for  terms  of  two  years ;  and  at  the 
annual  meeting  in  each  year  thereafter  it  shall  elect  two 
assessors  to  serve  for  terms  of  two  years. 

Section  269.    A  town  which,  i^revious  to  the  passage  oversecrB  of  the 

-,.  ,  -,  .'-  .  ^  •-  ^-       poor,  election 

oi  this  act,  has  accepted  the  provisions  oi  any  statute  au-  tor  three  years. 

thorizing  the  election  of  its  overseers  of  the  poor  in  sub-       '         ' 

stantially  the  following  manner,  or  which  shall  hereafter 

at  an  annual  meeting  or  at  a  meeting  held  in  accordance 

with  the  provisions  of  section  two  hundred  and  ninety-four 

of  this  title,  accept  the  provisions  of  this  section,   and 

which  has  not  or  shall  not  have  revoked  such  acceptance, 


1252 


Acts,  1893.  — Chap.  417. 


Overseers  of  the 
poor,  election 
for  three  years. 


Selectmen, 
assessors,  over- 
seers of  the 
poor,  change 
in  number. 
P.  S.  27,  §§66, 
68,  73. 


shall  elect  its  overseers  of  the  poor  in  the  following  man- 
ner :  — 

If  the  number  of  overseers  of  the  poor  is  fixed  by  the 
town  to  be  three,  the  town  shall  at  the  annual  meeting 
when  such  acceptance  is  voted,  or  at  the  annual  meeting- 
next  succeeding  the  meeting  at  which  such  acceptance  is 
voted,  elect  one  overseer  of  the  poor  for  the  term  of  one 
year,  one  overseer  of  the  poor  for  the  term  of  two  years, 
and  one  overseer  of  the  poor  for  the  term  of  three  years ; 
and  at  each  annual  meetino-  thereafter  it  shall  elect  one 
overseer  of  the  poor  for  the  term  of  three  years.  If  the 
number  of  overseers  of  the  poor  is  required  to  be  five, 
the  town  shall  at  such  annual  meeting  elect  one  overseer 
of  the  poor  for  the  term  of  one  year,  two  overseers  of  the 
poor  for  terms  of  two  years,  and  two  overseers  of  the  poor 
for  terms  of  three  years ;  and  at  the  annual  meeting  in 
each  year  thereafter  it  shall  elect  one  or  two  overseers  of 
the  poor  to  serve  for  terms  of  three  years  accordingly  as 
the  term  of  office  of  one  or  two  expires  in  the  year.  If 
the  number  of  overseers  of  the  poor  is  required  to  be 
seven,  the  town  shall  at  such  annual  meeting  elect  two 
overseers  of  the  poor  for  terms  of  one  year,  two  over- 
seers of  the  poor  for  terms  of  two  years,  and  three 
overseers  of  the  poor  for  terms  of  three  years ;  and  at 
the  annual  meeting  in  each  }'ear  thereafter  it  shall  elect 
two  or  three  overseers  of  the  poor  to  serve  for  terms  of 
three  years  accordingly  as  the  term  of  oflSce  of  two  or 
three  expires  in  the  year.  If  the  number  of  overseers 
of  the  poor  is  required  to  be  nine,  the  town  shall  at  such 
annual  meeting  elect  three  overseers  of  the  poor  for  terms 
of  one  year,  three  overseers  of  the  poor  for  terms  of  two 
years,  and  three  overseers  of  the  poor  for  terms  of  three 
years  ;  and  at  the  annual  meeting  in  each  year  thereafter 
it  shall  elect  three  overseers  of  the  poor  to  serve  for  terms 
of  three  years. 

Section  270.  A  town  which  votes  at  an  annual  meet- 
ing to  increase  or  diminish  the  number  of  its  selectmen, 
assessors,  or  overseers  of  the  poor,  may  at  that  meeting 
or  at  any  annual  meeting  thereafter  elect  one  or  more  of 
such  officers  additional,  or  omit  to  elect  one  or  more  of 
such  officers,  so  as  to  bring  the  number  to  the  limit  fixed 
by  the  vote  of  the  town,  with  terms  of  office  expiring  in 
the  manner  provided  in  the  preceding  three  sections ;  l)ut 
no  action  shall  be  taken  so  as  to  prevent  the  election  of  at 
least  one  selectman,  assessor  and  overseer  in  every  year. 


Acts,  1893.  — Chap.  417.  1253 

A  town  which  has  by  vote  acceiited  the  provisions  of  selectmen, 

•/  .i  i_  asBcfisors,  over- 

any  of  the  i^recedinij  three  sections  or  of  any  statute  seers  of  the 
therein  referred  to,  may  atany  subsequent  annual  meeting  term's  of  office. 
revoke  such  acceptance,  and  thereupon  the  i)rovisions  of 
any  such  section  or  statute  so  accepted  shall  cease  to  be 
operative  in  such  town,  except  that  such  revocation  shall 
not  affect  the  term  of  office  of  any  selectman,  assessor  or 
overseer  chosen  thereunder. 

Sectiox  271.    A  town  which,  previous  to  the  passao'e  of  Road  commie- 

8lOU6rS> 

this  act,  has  accepted  the  provisions  of  any  statute  permit-  p.  s.  27,  §74. 
ting  the  election  of  road  commissioners,  or  which  shall 
hereafter  at  an  annual  meeting  or  at  any  meeting  held  in 
accordance  with  the  provisions  of  section  two  hundred 
and  ninety-four  of  this  title,  accept  the  provisions  of  this 
section,  and  which  has  not  or  shall  not  have  revoked  such 
acceptance,  shall  elect  road  commissioners  in  the  follow- 
ing manner :  — 

The  town  shall,  at  the  annual  meeting  when  such  accept-  election  for 
ance  is  voted,  or  at  the  next  annuaL  meeting  after  such  ^^^^^^"' 
acceptance  is  voted,  elect  one  commissioner  for  the  term 
of  one  year,  one  commissioner  for  the  term  of  two  years, 
and  one  commissioner  for  the  term  of  three  years  ;  and  at 
each  annual  meeting  thereafter  it  shall  elect  one  road  com- 
missioner for  the  term  of  three  years. 

A  town  which  has  by  vote  accepted  the  provisions  of  abolition  of 
this  section  or  of  any  statute  herein  referred  to,  may  at  a 
subsequent  annual  meeting  revoke  such  acceptance,  and 
thereupon  the  provisions  of  this  section  or  any  statute 
so  accepted  shall  cease  to  be  operative  in  such  town,  and 
the  offices  of  road  commissioners  shall  be  taken  to  be 
abolished. 

Sectiox   272.     A   town  which   shall   hereafter   at   an  sewercom- 
annual  meeting  or  at  any  meeting  held  in  accordance  with  S^'sol.l'i. 
the  provisions  of  section  two  hundred  and  ninety-four  of 
this  title,  accept  the  provisions  of  this  section,  and  which 
has  not  or  shall  not  have  revoked  such  acceptance,  shall 
elect  sewer  commissioners  in  the  following  manner :  — 

The  town  shall,  at  the  annual  meeting  when  such  accept-    election  for 

,  ,  1  •  f  1     three  years. 

ance  is  voted,  or  at  the  next  annual  meeting  after  such 
acceptance  is  voted,  elect  one  sewer  commissioner  for  the 
term  of  one  year,  one  sewer  commissioner  for  the  term  of 
two  years,  and  one  sewer  commissioner  for  the  term  of 
three  years  ;  and  at  each  annual  meeting  thereafter  it  shall 
elect  one  sewer  commissioner  for  the  term  of  three  years. 


1254 


Acts,  1893.  — Chap.  417. 


Sewer  comniis- 
eioners,  aboli- 
tion of  office. 


Moderator, 
election  of,  in 
certain  cases, 
ballots. 
P.  8.27,  §80; 
1S93,  177,  §1. 


Town  officers, 
manner  of 
election. 
P.  S.  -27,  §§74, 
80 ;  44,  §21 ; 
J  883,  203,  §2; 
1889,  191 ;  1890, 
423,  §216;  1893, 
304,  §1. 


A  town  which  has  by  vote  accepted  the  provisions  of 
this  section,  may  at  a  subsequent  annual  meeting  revoke 
such  acceptance,  and  thereupon  the  provisions  of  this 
section  shall  cease  to  _  l)e  operative  in  such  town,  and 
the  offices  of  sewer  commissioners  shall  be  taken  to  be 
abolished. 

Section  273.  The  election  of  a  moderator  at  a  meet- 
ing for  the  choice  of  town  officers  shall  be  by  ballot.  If 
in  a  town  the  number  of  registered  voters  at  the  close  of 
the  last  day  for  registration  preceding  the  annual  town 
meeting  therein,  shall  exceed  live  hundred,  no  person  shall 
print  and  no  person  shall  distribute  for  use  at  the  election 
of  moderator  at  such  meeting  any  ballots  unless  they  shall 
be  of  plain  white  paper,  in  weight  not  less  than  that  of 
ordinary  printing  paper ;  shall  be  not  less  than  five  and 
one  half  inches  nor  more  than  six  inches  in  length,  and 
not  less  than  three  and  one  half  inches  nor  more  than  four 
inches  in  width :  shall  contain  no  printing,  engraving, 
device,  or  mark  of  any  kind  upon  the  back  thereof,  and, 
if  printed,  shall  be  printed  in  black  ink  with  the  name  of 
the  candidate  for  moderator  in  a  line  parallel  with  the 
length  of  the  ballot,  and  in  capital  letters  not  less  than 
one  eighth  of  an  inch  nor  more  than  one  quarter  of  an 
inch  in  height.  No  election  officer  shall  however  refuse 
to  receive  or  to  count  a  ballot  for  moderator  because  the 
same  is  not  in  conformity  with  requirements  as  above 
provided. 

Section  274.  The  election  of  town  clerk,  selectmen, 
assessors,  overseers  of  the  poor,  town  treasurer,  auditor, 
collector  of  taxes,  constables,  road  commissioners,  sewer 
commissioners,  and  school  committee  shall  ])e  by  ballot ; 
and  the  election  of  all  other  town  officers  shall  be  in  such 
manner  as  the  town  may  determine,  unless,  in  any  case 
it  shall  be  otherwise  provided  by  law.  A  town  which 
chooses  its  assessors  or  overseers  of  the  poor  for  terms  of 
one  year,  may  however  instead  of  electing  assessors  or 
overseers  of  the  poor  by  ballot,  provide  by  vote,  previous 
to  making  choice  of  such  officers,  that  the  persons  to  ])e 
elected  selectmen  shall  act  also  as  assessors  or  as  over- 
seers of  the  poor,  or  in  both  such  capacities.  Such  vote 
shall  in  any  town,  in  which  ballots  are  provided  at  the 
expense  of  the  town,  be  passed  at  a  meeting  held  thirty 
days  at  least  previous  to  the  annual  meeting  at  which  the 
selectmen  are  so  to  ])e  chosen. 


Acts,  1893.  — Chap.  417.  1255 

Section"  275.     The  votiiiir  list  shall  lie  used  and  the  "vrhen  voting 

,•  i'"~'iiii  iiiji  •       lint  is  to  bf  used. 

name  ot  every  person  voting  shall  be  checked  thereon,  in  isoo,  423,  §216. 
the  election  of  all  town  officers,  whose  election  is  by  law 
required  to  be  by  ballot,  and  in  taking  the  vote  upon  the 
question  of  granting  licenses  for  the  sale  of  intoxicating 
liquors  in  the  town  ;  but  in  the  election  of  other  town 
otHccrs  the  voting  list  shall  or  shall  not  l)o  so  used,  as  tlie 
meeting  shall  l)y  vote  determine. 

Section  276.  Whenever  the  town  clerk,  selectmen,  Baiiots.tobe 
assessors,  treasurer,  collector  of  taxes  and  school  commit-  endorsed,'  etc. 
tee  are  voted  for  in  a  town  on  one  ballot,  the  moderator 
of  the  town  meeting  shall  cause  all  the  ballots  cast  for 
such  officers,  after  they  have  been  duly  canvassed  and 
counted,  and  record  thereof  has  been  made,  publicly  to  be 
enclosed  in  envelopes,  and  the  envelopes  to  be  sealed  and 
endorsed,  and  certificate  to  be  made  thereon,  in  the  same 
manner  as  is  required  by  the  provisions  of  section  one 
hundred  and  seventy-four  of  this  act,  in  the  case  of  elec- 
tions of  town  officers  for  which  ballots  are  provided  at  the 
expense  of  the  town. 

If,  within  the  two  days  next  succeeding  the  day  of  an  recounting, 
election  in  which  all  of  said  officers  are  voted  for  on  one  ^  ^' 
ballot,  as  aforesaid,  ten  or  more  qualified  voters  of  the 
town  shall  file  with  the  town  clerk  a  statement  in  writing, 
that  they  have  reason  to  believe  that  an  error  was  made  in 
ascertaining  or  declaring  the  result  of  such  election,  as 
provided  in  section  two  hundred  and  eight  of  this  act,  the 
moderator  shall  open  the  envelopes  containing  the  ballots 
cast,  and  determine  the  questions  raised  in  such  statement ; 
and  in  case  it  shall  appear  that  a  person  was  elected  other  record, 
than  the  person  declared  in  town  meeting  to  have  been 
elected,  the  moderator  shall  make  and  file  a  certificate  of 
such  fact,  and  the  town  clerk  shall  record  the  same  and 
deliver  copies  thereof  to  the  persons  afiected  thereby,  and 
all  other  proceedings  shall  be  had  the  same  as  in  the  case 
in  which  a  statement  is  filed  under  the  provisions  of  said 
section  two  hundred  and  eight. 

Section  277.    A  person  elected  town  clerk  of  a  town,  if  ^^^^^^^["^^[^^(^f 
present  at  the  meeting  at  which  he  is  chosen,  shall  forth-  office,  etc. 
with  he  sworn,  either  by  the  moderator  or  by  a  justice  of 
the  peace,  and  shall  at  once  enter  upon  the  discharge  of 
his  duties.     Every  other  town  officer  designated  by  name  Town  officers, 
in  section  two  hundred  and  sixty-six  of  this  act,  unless  *^^^°*°ffl«®« 
other  provision  is  specifically  made  by  law  or  otherwise. 


1256 


Acts,  1893.  — Chap.  417. 


Town  officers, 
oath  of  office. 
P.  S.  27,  §§79, 
87,  88. 


town  clerk  to 
notify,  etc. 


to  take  oath 
within  seven 
days,  etc. 


Exemption  from 

liability  to  hold 

office. 

P.  8.  27,  §§94, 

126. 


Depositing  of 
certain  ballots. 
1890,  423,  §§221, 
224. 


shall  enter  upon  the  discharge  of  his  duties  on  the  day 
succeeding  his  election  or  as  soon  thereafter  as  he  is  duly 
qualified,  and  his  term  of  office  shall  be  reckoned  as 
beginning  on  the  day  succeeding  the  date  fixed  for  the 
annual  meeting  in  such  town.  Every  such  officer  shall 
hold  office  during  the  term  fixed  by  law  and  until  another 
person  is  chosen  and  qualified  in  his  stead. 

Section  278.  All  the  town  officers  designated  by  name 
in  section  two  hundred  and  sixty-six  of  this  act,  shall, 
before  entering  upon  the  performance  of  their  duties,  sev- 
erally be  sworn  to  the  tiiithful  discharge  of  their  respec- 
tive duties.  Such  oath  may  l)e  administered  by  the 
moderator  in  open  town  meeting,  or  by  the  town  clerk. 
The  town  clerk  shall  forthwith  after  the  election  or 
appointment  of  town  officers,  who  are  by  law  required 
to  take  an  oath  of  office,  make  out  a  list  containing  the 
names  of  all  persons  chosen  as  such  officers  not  sworn  by 
him  or  by  the  moderator,  and  the  designation  of  the 
office  to  which  each  is  chosen,  and  shall  deliver  such  list 
with  his  warrant  to  a  constable  requiring  him  within  three 
days  to  summon  each  such  person  to  appear  and  take  the 
oath  of  office  within  seven  days  after  the  service  of  such 
notice ;  and  the  constable  shall  within  the  seven  days 
serve  every  such  warrant  in  accordance  with  its  require- 
ments and  make  return  thereof  to  the  town  clerk.  The 
person  so  chosen  and  summoned,  unless  exempt  by  law 
from  holding  the  office  to  which  he  has  been  chosen,  shall 
within  the  seven  days,  as  so  required,  take  the  oath  of  office 
before  the  town  clerk,  or  within  that  period  take  such 
oath  before  a  justice  of  the  peace,  and  file  with  the  town 
clerk  a  certificate  thereof  under  the  hand  of  such  justice. 

Section  279.  No  person  shall  be  obliged  to  serve  two 
years  successively  in  the  same  town  office  ;  and  no  person 
shall  T)e  obliged  to  accept  the  office  of  constable  who  holds 
a  commission  as  an  officer  of  the  United  States  or  of  the 
Commonwealth,  who  is  a  member  of  the  council,  senate 
or  house  of  representatives  of  the  Commonwealth,  or  who 
is  a  minister  of  the  gospel,  or  who  is  an  engineman,  or 
a  member  of  the  fire  department,  or  wlio  has  been  a 
constable  or  collector  of  taxes  in  the  town  within  seven 
years  next  preceding.  No  person  shall  be  obliged  to 
serve  in  the  office  of  surveyor  of  highways  oftener  than 
once  in  three  years. 

Section  280.  At  any  meeting  for  the  choice  of  town 
officers  in  a  town  which  has  not  provided  ballots  at  the  ex- 


Acts,  1893.  — Chap.  417.  1257 

pcnsc  of  the  town,  in  accordance  with  the  provisions  of  this 
act,  no  ballot  shall  be  received  by  the  moderator  unless 
the  same  is  presented  for  deposit  in  the  ballot  box,  open 
and  unfolded,  by  the  voter  in  person,  and  so  that  the 
moderator  can  know  that  only  one  ballot  is  presented. 
No  moderator  or   other  election  officer  shall  at  any  such  Baiiots,  read. 

iu&Tt  6tc.    Dt'forc 

meeting,  before  the  polls  are  closed,  or  the  ballots  are  poii  is  closed 
counted,  and  without  the  consent  of  the  voter,  read  or  ^^°    '**  ' 
examine,  or  })ermit  to  be  read  or  examined,  the  names 
contained  upon  the  voter's  ballot  with  a  view  to  ascertain- 
ing the  name  of  any  candidate  voted  for  by  him. 

Section  281.     The  moderator  of  a  town  meeting  shall  Moderator  to 

rCCClVG  V0t68  of 

receive  the  votes  of  all  persons  whose  names  are  on  the  registered 
voting  lists,  as  certified  by  the  registrars  of  voters,  and  i89o,'^423,  §223. 
shall  not  be  answerable  for  refusing  the  vote  of  a  person 
whose  name  is  not  on  such  list,  unless  such  person  pre- 
sents a  certificate  from  the  registrars  of  voters  as  pro- 
vided by  section  sixty-six  of  this  act. 

Section  282.     The  secretary  of  the  Commonwealth  shall  Baiiots,  for  vot. 
send,  seven  days  at  least  previous  to  the  annual  meeting,  iiquor  licenses. 
to  the  town  clerk  of  each  town  which  has  not  voted  that  isVoi  423!  §§si, 
ballots  for  town  officers  shall  be  provided  at  the  expense  ^^" 
of  the  town,  in  accordance  with  the  provisions  of  this  act, 
ballots  both  affirmative  and  negative  for  taking  the  vote 
upon  the  question  of  granting  licenses  for  the  sale  of  intox- 
icating  liquors  therein.     Such  ballots    shall  contain  the 
words  "  Shall  licenses  be  granted  for  the  sale  of  intox- 
icating liquors  in  this  town?  Yes.  (or)  No.",  and  no  other 
words,  and  may  be  of  such  form  and  size  as  the  secretary 
shall  deem  proper.     Ballots   of  each  kind  shall  be  pro- 
vided in  number  equal  at  least  to  the  number  of  registered 
voters  in  such  town.     The  ballots  so  furnished  shall  be     distribution. 
distributed  to  the  voters  at  the   polling  place  under  the 
direction  of  the  town  clerk. 

Section  283.     All  ballots  cast  by  women  qualified  to     for  women 
vote  for  school  committee  in  a  town  which  has  not  pro-  committee. 
vided  ballots  at  the  expense  of  the  town,  in  accordance  i^^*^- ^-3,  §225. 
with  the  provisions  of  this  act,  shall  contain  the  words 
"For  School   Committee  only",    clearly  written,  printed 
or  stamped  upon  the  back  thereof;  and  no  ballot,  unless 
so  endorsed,  shall  be  received  from  any   woman  voting. 
Ballots  containing  such  endorsement  shall  be  counted  only     counting. 
in  the  choice  of  members  of  the  school  committee,  and  for 
no  other  office  or  purpose. 


1258 


Acts,  1893.  — Chap.  417. 


Vacancies,  how 
filled,  election, 

P.  8.  27,  §93; 
1890,386,  §15; 
1891,  336,  §1. 


when  ballots 
are  provided  by 
town,  nomina- 
tion, election, 
etc. 


town  clerk, 
pro  tempore, 
election. 
P.  S.  27,  §§97, 


appointment. 


oath  of  office, 
powers,  duties, 
etc. 


constable, 
election,  etc. 
P.  S.  27,  §81. 


3.     Proceedings  ix  Cases  of  Failure  to  Elect  axd 
Yacaxcies  IX  Towx  Offices. 

Sectiox  284:.  If  there  is  a  failure  at  an  election  to 
choose  a  town  officer,  or  if  a  person  so  chosen  to  a  town 
office  shall  not  accept  such  office,  or  a  vacancy  shall  occur 
in  a  town  office,  the  town  may,  except  as  otherwise  pro- 
vided in  section  two  hundred  and  eighty-seven,  elect  a 
person  to  such  office  or  till  such  vacancy  at  any  legal  meet- 
ing called  and  held  in  accordance  with  the  provisions  of 
this  act. 

If  at  an  election  of  town  officers  for  which  ballots  are 
provided  at  the  expense  of  the  town,  there  is  a  fiiilure  to 
elect  a  town  officer,  such  officer  may  be  elected  at  an 
adjourned  or  succeeding  meeting ;  and  for  such  meeting 
ballots  shall  be  prepared  and  furnished,  containing  such 
nominations  as  have  already  been  made  and  which  subse- 
quently may  be  duly  made  for  the  office,  in  accordance 
with  the  provisions  of  this  act,  for  the  making  of  nomina- 
tions and  the  providing  of  ballots  in  town  elections. 

Section  285.  If  at  a  town  meeting  there  is  a  vacancy 
in  the  office  of  town  clerk,  or  if  the  town  clerk  is  absent, 
the  selectmen  shall  call  upon  the  qualified  voters  present 
to  elect  by  ballot  a  clerk  pro  tempore.  The  selectmen 
shall  receive  and  count  the  votes  and  declare  the  election 
of  such  clerk.  When,  in  case  of  a  vacancy  in  the  office  of 
town  clerk,  other  duties  than  those  required  of  a  town 
clerk  at  a  town  meeting  are  to  be  performed,  or  when- 
ever the  town  clerk  is  unalile  to  perform  such  duties, 
the  selectmen  may  in  writing  under  their  hands  appoint 
a  clerk  for  the  performance  thereof.  A  clerk  so  elected 
or  appointed  shall  be  sworn  to  the  faithful  discharge  of 
the  duties  for  which  he  is  chosen,  and  shall,  in  the  per- 
formance of  such  duties,  have  the  same  powers  and  be 
subject  to  the  same  requirements  and  penalties  as  the 
town  clerk  in  respect  thereto,  and  he  shall  immediately 
after  entering  upon  the  duties  of  his  office,  make  a  record 
of  his  election  or  appointment,  as  the  case  may  be. 

Sectiox  286.  Every  jiorson  chosen  constable  at  a  town 
meeting  shall,  if  present,  fortliNvith  declare  his  acceptance 
or  refusal  of  his  office.  If  he  does  not  accept  the  office, 
the  town  shall,  in  case  the  ballots  are  not  provided  at 
such  election  at  the  expense  of  the  town  in  accordance  with 
the  provisions  of  this  act,  proceed  to  elect  another  per- 


Acts,  1893.  — Chap.  417.  1259 

son  to  the  offieo,  and  oontinuo  so  to  olect  until  some  per- 
son accepts  the  otiice  and  takes  the  oatli  therefor. 

Section'  287.      If  the  assessors  of  a  town,  or,  in  case  vacancies, 
there  are  no  assessors,  if  the  selectmen  shall  in  any  year  appointment. 
fail  to  perform  the  duties  of  assessors,  the  county  commis-  ^•^■^'''^'^*- 
sioners  of  the  county  in  which  such  town  is  situated,  may 
appoint  three  or  more  suital)le  perst)ns,  inhabitants  of  the 
county,  to  I)e  assessors  for  such  town.     The  persons  so     oath  of  omce, 
appointed  shall  be  sworn  to  the  faithful  discharge  of  their  et'cT'^'*'  "  ^^^' 
duftes,  shall  hold  office  for  the  remainder  of  the  term  of 
assessors,  and  shall  have  the  powers,  perform  the  duties, 
and  receive  the  com[)ensation  of  assessors  for  the  town. 

Sectiox  288.     AVhenever  the  office  of  treasurer  or  col-     treasurer  or 
lector  of  taxes  is  vacant,   and  whenever  the  treasurer  or  appointment, 
collector  is  prevented  from  performing  the  duties  of  his  p°g.  27,  §§90, 
office,  the  selectmen  may  by  a  writing  under  their  hands  ^^•^^• 
appoint  a  treasurer  or  collector  pro  tempore,  who  shall  be 
sworn  and  give  ])ond  in  like  manner  as  the  treasurer  or 
collector  chosen  by  the  town,  and  he  shall  hold  such  office 
until  another  is  chosen  by  the  town  and  qualified,  or  the 
disability  of  the  treasurer  or  collector  is  removed.     If  a 
treasurer    or  collector   shall  for  ten  days  after  his  elec- 
tion or  appointment  fail  to  give  bond  as  required  by  law, 
the  selectmen  may  declare  the  office  vacant  and  appoint 
another  in  his  place  as  above  provided. 

Section  289.  If  the  office  of  an  auditor  in  a  town  shall  appouitment. 
become  vacant,  the  remaining  auditor  or  auditors,  if  any,  1890,2.54. 
may  perform  all  duties  of  the  office  and  may  a[)point  a  per- 
son to  aid  in  the  performance  thereof.  If  however  there 
is  no  remaining  auditor,  the  selectmen  of  the  town  shall 
appoint  a  person  duly  qualified  to  fill  the  office  of  auditor, 
until  another  is  chosen  by  the  town  and  qualified. 

Sectiox  290.     If  fi-om  any  cause  there  is  a  failure  to     certain 
elect  or  a  vacancy  occurs  in  any  town  office,  other  than  the  polntment^' 
offices  of  selectman,    town  clerk,  assessor,  treasurer,  col-  i\  s.'27!  §86*; 
lector  of  taxes    and  auditor,  the  selectmen  shall,  by  an  i^^i.^^e.  §i- 
appointment  in  writing  signed  by  them,  fill  such  vacancy, 
and  the  person  so  appointed  shall  perform  the  duties  of 
such  office  until  the  next  annual  meeting  or  until  another 
is   chosen  by  the  town  and  qualified  in  his   stead ;    ex- 
cept that,   if  such  vacancy  occurs  in  a  board  consisting 
of  two  or  more  officers,  the  remaining  member  or  mem- 
bers of  such  board,  shall,  in  writing,  give  notice  of  the 
vacancy  to  the  selectmen  of  the  town,  and  thereupon  the 


1260 


Acts,  1893.  — Chap.  417. 


Vacancies, 

removal  from 

town. 

P.  8.  27,  §89. 

proceedings  at 
election. 
1891,  336,  §2. 


qualifications, 
powers,  duties, 
etc.,  of  new 
officers. 


selectmen  and  such  remaining  member  or  members  sliall, 
after  giving  public  notice  of  at  least  one  week,  proceed 
by  ballot  to  till  such  vacancy,  and  a  majority  of  the  bal- 
lots of  the  officers  entitled  to  vote  shall  be  necessary  to 
such  election;  and  the  person  so  elected  shall  perform 
the  duties  of  the  office  until  the  next  annual  meeting  or 
until  another  is  chosen  by  the  town  and  qualified  in  his 
stead. 

Section  291.  A  person  removing  from  a  town  in  which 
he  holds  a  town  office,  shall  thereby  be  taken  to  vacate 
such  office. 

Section  292.  When  an  election  is  held  in  consequence 
of  a  failure  to  elect  in  a  preceding  election,  or  to  till  a 
vacancy  in  any  town  office,  in  accordance  with  the  pro- 
visions of  the  preceding  sections  of  this  title,  proceedings 
shall  be  had  similar  in  all  respects,  so  far  as  applicable,  to 
those  had  in  an  election  to  the  same  office  at  the  aniuiul 
meeting.  The  provisions  as  to  the  qualifications  of  a 
person  for  any  such  office,  which  are  applicable  in  the  case 
of  an  original  election,  shall  apply  to  every  person  elected 
or  appointed  to  fill  a  vacancy  in  such  office  ;  and  each  per- 
son so  elected  or  appointed  shall  perform  the  same  duties 
and  have  and  exercise  all  the  powers  and  be  subject  to  all 
the  requirements  and  penalties  which  by  law  pertain  to 
such  office. 


election,  etc. 
1890,  386,  §1 


4.     Town   Elections   for   which   Ballots    are   pro- 
vided AT  THE  Expense  of  the  Town. 

Towns  voting  to       Section  293.     In  towns  which  have  accepted  the  provi- 

provide   hallota,  «         i  i  n         n  i         •     i  x  •  i?     j.i 

nomination,  sioiis  of  chapter  three  hundred  and  eighty-six  ot  the 
acts  of  the  year  eighteen  hundred  and  ninety,  and  in 
towns  which  shall,  after  the  passage  of  this  act,  at  meet- 
ings duly  called  for  the  purpose,  vote  that  ballots  for 
town  officers  therein  shall  be  provided  at  the  expense  of 
the  town,  nominations  for  town  officers  to  be  elected  by 
ballot  shall  be  made,  Imllots  and  other  apparatus  therefor 
shall  be  prepared  and  furnished,  and  elections  of  all  such 
officers  shall  be  conducted  in  accordance  with  the  provi- 
sions of  the  preceding  titles  of  this  act,  so  far  as  the  same 
shall  be  applical^le  thereto. 

A  town  which  has  so  accepted  the  provisions  of  said 
chapter  three  hundred  and  eighty-six,  or  has  so  voted  that 
ballots  be  provided  at  the  expense  of  the  town,  may  how- 


revocation  of 

action,  etc. 

1893,  87. 


Acts,  1893.  — Chap.  417.  1261 

ever  at  any  annual  town  mcetino;  or  other  meeting  called 
for  the  purpose  and  held  thirty  days  at  least  before  the 
annual  town  meeting,  upon  notice  duly  given  in  the  war- 
rant therefor,  revoke  such  action  by  the  affirmative  vote 
of  two  thirds  of  the  voters  present  and  voting  thereon ; 
and  after  a  meeting  at  which  such  acceptance  or  vote  has 
been  revoked,  town  elections  shall  be  held  in  such  town 
and  all  things  shall  he  done  in  the  election  of  town  officers 
as  if  said  chapter  had  not  been  accepted  or  the  town  had 
not  so  voted  that  ballots  be  provided  at  the  expense  of 
the  town. 

Section  294.     Whenever  a  town,  in  accordance  with  the  Towns  voungto 
provisions  of  the  preceding  section,  shall  vote  that  ballots  nmnber  and°  ^' 
for  the  election  of  town  officers  therein  shall  be  provided  choTen°ltr''*" 
at  the  expense  of  the  town,  the  town  shall  at  the  same  isgi.io.  §i. 
meeting  determine  what  town  officers,  if  any,  not  already 
required  by  law  to  be  chosen  by  ballot,  shall  thereafter  be 
so  chosen,  and  also,  if  in  any  case  the  number  of  officers 
such  as  are  to  be  chosen  by  ballot  or  their  terms  of  office 
are  not  already  fixed  by  law,  shall  determine  such  number 
and  terms  ;  and  for  the  purpose  of  such   determination, 
the  town  may  at  such  meeting  accept  the  provisions  of 
any  section  of  this  act,  changing  the  manner  of  election 
and  terms  of  office  of  any  such  town  officers.     No  new 
acceptance  of  any  previous  statute  or  of  any  such  section 
of  this  act  shall  lje   required   in   any    case  in  which  an 
acceptance  has  already  been  made  and  not  revoked ;  but 
all  such  matters,    in  order  to  be  acted  upon,    shall    be  .  to  be  notified 
notified  in  the  warrant  for  such  meeting.     No  change  shall  change  in  ' 
thereafter  be  made  in  the  officers  to  be  chosen   by  ballot  uo^n." 
or  in  the  number  or  terms  of  office  thereof,  except  at  a 
meeting  held  thirty  days  at  least  before  the  annual  meet- 
ing at  which  such  change  is  to  become  operative. 


TITLE   XI. 
1.     Penalties  oiposed  upon  Officers. 
Section  295.     An  assessor  or  assistant  assessor  who  Penalties. on 

1  .        T  ,  1  •    J       /^  in  assessor  or  as- 

knowmgly  enters  on  any  list  oi  assessed  polls,  or  causes  sistant  assessor. 
or  allows  to  be  entered  thereon,  the  name  of  any  person  i^^^,  351,  §41. 
as  a  resident  of  a  building,  who  is  not  a  resident  thereof, 
or  who  refuses  or  wilfully  neglects  to  receive  or  transmit 
to  the  registrars  of  voters  any  request  to  be  registered, 


1262 


Acts,  1893.  — Chap.  417. 


signed 


Penalties,  on 
registrar  or 
assistant  regis- 
trar. 
1892,  351,  §42. 


on  officer  of 
caucus. 
1888,  441,  §5. 


on  supervisor 
of  election. 
1891,  204,  §1. 


by  a  woman  and  offered  to  him  at  any  build- 
ing at  which  he  is  collecting  names  for  assessment,  shall 
for  each  offence  be  punished  by  fine  not  exceeding 
three  hundred  dollars,  or  by  imprisonment  in  jail  not 
exceeding  six  months,  or  by  both  such  fine  and  imprison- 
ment. 

Section  296.  A  registrar  or  assistant  registrar  who 
refuses  or  wilfully  neglects  to  require,  in  accordance  with 
the  provisions  of  section  forty-eight  of  this  act,  an  appli- 
cant for  registration  to  read  at  least  three  lines,  other 
than  the  title,  from  an  ofiicial  edition  of  the  constitu- 
tion of  the  Commonwealth,  in  such  manner  as  to  show 
that  he  is  neither  prompted  nor  reciting  from  memory, 
or  to  require,  in  accordance  with  the  provisions  of  section 
forty-four  of  this  act,  an  applicant  for  registration  to  write 
his  name  in  the  general  register,  unless  he  is  prevented 
by  physical  disability  from  so  doing,  or  to  announce  the 
name  of  an  applicant  for  registration  in  a  clear,  audilile 
and  distinct  tone  of  voice  before  entering  his  name  upon 
the  general  register,  or  who  knowingly  prevents  or  seeks 
to  prevent  the  registration  of  any  legal  voter,  or  who 
knowingly  registers  the  name  of  any  person  not  qualified 
to  vote,  or  who  is  guilty  of  any  fraud  or  corrupt  conduct 
in  the  execution  of  the  duties  of  his  office,  shall  be  pun- 
ished by  fine  not  exceeding  three  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. 

Section  297.  An  officer  of  a  caucus,  held  in  accordance 
with  any  of  the  provisions  of  title  three  of  this  act,  who 
knowingly  makes  any  false  count  of  ballots  or  votes,  or 
makes  a  false  statement  or  declaration  of  the  result  of  a 
ballot  or  vote,  or  knowingly  refuses  to  receive  any  ballot 
cast  by  a  person  qualified  to  vote  at  such  caucus,  or 
wilfully  alters,  defaces  or  destroys  any  ballots  cast,  or 
voting  lists  used  thereat,  before  the  requirements  of  the 
provisions  of  this  act  have  been  accomplished,  or  declines 
or  wilfully  fails  to  receive  any  WTitten  request  made  as 
herein  required,  or  declines  or  wilfully  fails  to  perform 
any  duty  or  obligation  imposed  by  the  provisions  of  this 
act,  shall  be  punished  by  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  in  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

Section  298.  A  supervisor  of  an  election,  appointed  in 
accordance  with  the  provisions  of  section  one  hundred 


Acts,  ISaS.  — Chap.  417.  1263 

and  twenty  of  this  act,  who  violates  any  of  the  pro- 
visions of  said  section,  shall  be  punished  ])y  tine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  in 
jail  not  exceeding  one  year,  or  by  both  such  tine  and 
imprisonment. 

Section  299.    An  election  officer  who,  before  the  public  Penaitiee,  on 

,  '  i  election  onicer. 

declaration  of  the  vote  at  an  election,  makes  any  state- isoo,  423,  §124. 

uient  of  the  number  of  ballots  cast,  of  the    number  of 

votes  given  for  any  person,  of  the  name  of  any  person 

who  lias  voted,  of  the  name  of  any  person  which  has 

not  been    voted    on,  or    of  any  other   fact   tending  to 

show  the  state  of  the  polls,  shall  be  punished  by  fine  not 

exceeding  one  hundred  dollars,  or  by  imprisonment  in 

jail  not  exceeding  thirty  days,  or  by  both  such  fine  and 

imprisonment. 

Section  300.  A  presidino;  officer  at  a  state  or  city  on  presiding 
election,  or  at  an  election  in  a  town  for  which  ballots  are  is9o,423,  §93. 
provided  at  the  expense  of  the  town,  w^ho,  when  the  right 
of  a  person  offering  to  vote  is  challenged  for  any  cause 
recognized  by  law,  wilfully  or  negligently  fails  to  require 
the  name  and  residence  of  such  person  to  be  written  upon 
the  ballot  offered  by  him,  either  by  himself  or  l)y  some 
one  in  his  behalf,  and  to  add  thereto  the  name  of  the  per- 
son so  challenging  and  the  cause  assigned  therefor,  before 
such  ballot  is  received,  as  required  by  section  one  hun- 
dred and  seventy  of  this  act,  shall  be  punished  by  fine  not 
exceeding  three  hundred  dollars,  or  l)y  imprisonment  in 
jail  not  exceeding  one  year,  or  l)y  both  such  fine  and 
imprisonment. 

Section  301.     An  election  or  other  officer  whose  duty     on  election  or 
it  is  to  recount  the  ballots  cast  at  an  election,  who  makes  recounting 

,     ,  .  •  •     i?  A'  '  1    X  ballots. 

any  statement  or  gives  any  miormation  m  regard  to  a  1392, 332,  §2. 
ballot  cast  by  a  voter  challenged  at  such  election,  except 
as  required  by  law,  shall  be  punished  by  fine  not  exceed- 
ing two  hundred  dollars,  or  by  imprisonment  in  jail  not 
exceeding  one  3^ear,  or  by  both  such  fine  and  imprison- 
ment. 

Section  302.     A  presidini^  officer,  who,  at  a  town  elec-    o"  presiding 

,  1   •    1      1      11  -111  /•    ofhcer  at  town 

tion  at  which  ballots  are  not  provided  at  the  expense  01  election. 
the  town,  before  the  polls  are  closed  and  without  the 
consent  of  a  voter,  reads  or  examines,  or  permits  to  be 
read  or  examined,  the  names  written  on  the  ballot  of  such 
voter,  with  a  view  to  ascertain  the  persons  voted  for  by 
him,  shall  be  punished  by  fine  not  exceeding  one  hundred 


1264 


Acts,  1893.  — Chap.  417. 


Penalties, 

on  presiding 

or  other  election 

officer. 

1890,  423,  §99. 


on  city  or 
town  clerli. 
1890,  423,  §101. 


on  city  or 
town  elerli. 
1890,  423,  §141. 


on  city,  town 
or  precinct 
clerli. 
1890,  423,  §162. 


on  selectmen. 
1890,  423,  §161. 


on  public 
otlicer  or  elec- 
tion officer. 
1889,413,  §30; 
1890,  423,  §§82, 
119,  140,  169, 
203;  1891,  328; 
1892,  351,  §43. 


dollars,  or  1\v  imprisonment  in  jail  not  exceeding  thirty 
days,  or  by  both  such  fine  and  imprisonment. 

Section  303.  A  presiding  or  other  election  officer 
who  wilfully  or  negligently  violates  any  provision  of  sec- 
tion one  hundred  and  seventy-four  of  this  act,  relating 
to  the  enclosing  in  envelopes,  sealing,  endorsing  and 
delivering  or  transmitting  of  ballots  and  voting  lists 
after  the  votes  have  been  counted  and  recorded,  shall  be 
punished  by  fine  not  exceeding  three  hundred  dollars,  or 
by  imprisonment  in  jail  not  exceeding  one  year,  or  by 
both  such  fine  and  imprisonment. 

Section  304.  A  city  or  town  clerk  who  examines  or 
permits  to  be  examined,  except  as  required  by  law, 
ballots  cast  at  an  election  which  are  received  and 
retained  by  him  and  subsequently  destroyed  in  accord- 
ance with  section  one  hundred  and  seventy-six  of  this 
act,  shall  be  punished  by  fine  not  exceeding  two  hundred 
dollars. 

Section  305.  A  city  or  town  clerk  who  fails  to  make 
record  of  votes  cast  at  an  election  and  to  make  and  trans- 
mit copies  of  any  such  record,  as  required  by  the  provisions 
of  this  act,  shall  be  punished  by  fine  not  exceeding  two 
hundred  dollars. 

Section  306.  A  city  or  town  clerk  or  a  precinct  clerk 
who  wilfully  signs  a  certificate  not  in  conformity  with  the 
result  of  an  election  as  appearing  by  the  records  and 
copies  of  records  of  votes  cast  or  by  a  recount  of  votes, 
shall  be  punished  by  fine  not  exceeding  three  hundred  dol- 
lars, or  by  imprisonment  in  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Section  307.  A  selectman  who  wilfully  gives  a  certifi- 
cate of  election  to  a  person  voted  for  as  representative  in 
the  general  court,  not  in  accordance  with  the  declaration 
of  the  vote  in  open  town  meeting  at  the  time  of  the  elec- 
tion, or  not  in  accordance  with  a  recount  of  the  votes, 
shall  be  punished  by  fine  not  exceeding  three  hundred  dol- 
lars, or  by  imprisonment  in  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Section  308.  Any  public  officer  or  election  officer 
whatsoever,  of  the  state  or  of  a  city  or  town,  upon  whom  a 
duty  is  imposed  by  the  provisions  of  this  act,  who  refuses 
or  wilfully  neglects  or  wilfully  fails  to  perform  such  duty, 
or  who  wilfully  performs  it  contrary  to  law,  or  in  such 
way  as  to  hinder  the  objects  of  this  act,  shall  for  each 


Acts,  1893.  — Chap.  417.  1265 

oftenco,  it"  no  other  }>enalty  is  herein  speeiticully  imposed 
for  such  olienoe,  be  })unishe(l  by  tine  not  exceeding  tivc 
hundred  dolhirs,  or  by  imprisonment  in  jail  not  exceeding 
one  year,  or  by  both  such  tine  and  imprisonment. 

2.     Penalties  imposed  upon  Voters. 

Section  309.     A  voter  who  places  any  distinguishing  penalties, 
mark  upon  his  balk)t  shall  l)e  punished  by  tine  not  ex-  distmgui°hing 
eeeding  one  hundred  dollars,  or  by  imprisonment  in  jail  5'889f4i3,'§27r* 
not  exceeding  six  months,  or  l)y  both  such  tine  and  im-  i892,  ses. 
prisonment. 

Section  310.     A  voter  who  makes  a  false  statement  as     for  making 
to  his  inability  to  mark  a  ballot,  or  who,  except  for  the  ^^^.^'^  *  **  *'"'®°  > 
purpose   of  obtaining  assistance  in  accordance  Avith  the  ^^^^' *^3,  §27. 
provisions  of  section  one  hundred  and  sixty-four  of  this 
act,  allows  his  ballot  to  be  seen  by  any  person  with  an 
intention  of  letting  it  he  known  how  he  is  about  to  vote, 
shall   be   punished  by   tine    not    exceeding   one    hundred 
dollars. 

Section  311.     Whoever  at  an  election,  knowing  that    fp'^^i'^ga' 

1        •  j_  I'f      1  ±  'n-    11  7  1  voting  or  at- 

he  IS  not  a  qualinecl  voter,  wiltuliy  votes  thereat :  whoever  temptingtovote. 

1       ,•  J  .1  I   •  1890,  423,  §§129, 

at  an  election  votes  more  than  once  on  his  own  name,  133,219. 
his  name  having  been  registered  more  than  once  ;  who- 
ever at  an  election  votes  in  more  than  one  voting  pre- 
cinct or  town,  his  name  having  been  registered  in  more 
than  one  voting  precinct  or  town ;  whoever  at  an  elec- 
tion, votes  or  attempts  to  vote  upon  any  name  other  than 
his  own,  or  knowingly  casts  or  attempts  to  fcast  more  than 
one  ballot  at  one  time  of  l)alloting,  shall  be  punished  by 
tine  not  exceeding  three  hundred  dollars,  or  by  imprison- 
ment in  jail  not  exceeding  one  year,  or  by  both  such  tine 
and  imprisonment. 

Section  312.     Whoever  wilfully  gives  a  false  answer    forgiving 
to  a  presiding  officer  at  an  election  shall  be  punished  by  1390^,423,^135. 
fine  not  exceeding  one  hundred  dollars. 

3.     General  Penalties. 

Section  313.     Whoever,  being  an  inmate  of  a  build-     for  refusal 
ing,  liable  to  be  assessed  tor  a  poll  tax,  retuses  or  neglects  name,  informa. 
to  give  his  true  name  when  incjuired  thereof  by  an  assessor  i892',35i',  §46. 
or  assistant   assessor,  and    whoever,  being  an  owner  or 
occupant  of  a  building,  refuses  or  neglects  to   give  the 
full   and  true  information  witliin  his  knowledge  relating 


1266 


Acts,  1893.  — Chap.  417. 


Penalties,  for 
giving  name  of 
uon-resident. 
1892,351,  §46. 


for  false  affi- 
davit, oath  or 
certificate. 
1892,  351,  §44. 


for  register- 
ing  when  not 
qualified,  false 
representation, 
answer,  etc. 
1892,  351,  §45. 


for  disorderly 
conduct,  etc.,  at 
registration. 
1892,351,  §47. 


for  preventing 
or  interfering 
with  supervisor 
of  registration, 

189'2,  351,  §44. 


for  defacing 
or  removing 
notice,  voting 


to  all  persons  residing  in  such  Imilding,  when  inquired 
tliereof  by  an  assessor  or  assistant  assessor,  shall  ])e 
punished  by  fine  not  exceeding  one  hundred  dollars,  or 
by  imprisonment  in  jail  not  exceeding  three  months,  or 
by  both  such  fine  and  imprisonment. 

Section  314.  Whoever  knowingly  gives  to  an  assessor 
or  assistant  assessor,  for  the  purpose  of  the  assessment  of 
a  poll  tax,  the  name  of  any  person  as  a  resident  of  a  build- 
ing who  is  not  a  resident  therein,  shall  be  punished  by 
fine  not  exceeding  three  hundred  dollars,  or  by  imprison- 
ment in  jail  not  exceeding  one  year,  or  by  both  such  fine 
and  imprisonment. 

Section  315.  Whoever  knowingly  or  wilfully  makes 
a  false  afiidavit  or  takes  a  false  oath,  or  signs  a  false 
certificate  regarding  the  qualifications  of  any  person  for 
assessment  or  registration,  shall  be  })unished  by  fine  not 
exceeding  three  hundred  dollars,  or  l)y  imprisonment  in 
jail  not  exceeding  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Section  316.  Whoever  causes  his  name  to  be  registered, 
knowing  that  he  is  not  a  qualified  voter  in  the  place  where 
he  is  so  registered,  or  falsely  represents,  or  attempts  to 
represent  himself  as  another  person  before  any  registrar 
or  assistant  registrar,  or  gives  a  false  answer  to  any  regis- 
trar or  assistant  registrar,  concerning  any  matter  relating 
to  the  registration  of  a  voter,  or  the  right  of  any  person 
to  vote,  or  aids  or  abets  any  other  person  in  doing  any  of 
the  acts  above-mentioned,  shall  be  punished  by  fine  not 
exceeding  three  hundred  dollars,  or  by  hnprisonment  in 
jail  not  exceeding  one  3'ear,  or  by  both  such  fine  and 
imprisonment. 

Section  317.  Whoever  refuses  to  obey  the  lawful  orders 
or  directions  of  a  registrar  or  assistant  registrar,  or  in- 
terrupts or  disturl)S  the  proceedings  at  any  registration, 
shall  l)e  punished  by  fine  not  exceeding  one  hundred 
dollars. 

Section  318.  Whoever  prevents  or  interferes  with,  or 
aids  or  abets  any  person  in  preventing  or  interfering  with 
any  supervisor  of  registration  in  the  discharge  of  his  duty, 
shall  l)e  punished  by  fine  not  exceeding  three  hundred 
dollars,  or  by  im}n'isonment  in  jail  not  exceeding  one  year, 
or  by  both  such  fine  and  imprisonment. 

Section  319.  AVhoever  wilfully  defaces  or  removes 
anv  notice  rclatinir  to  the  rea'istration  of  voters,  voting 


Acts,  1893.  — Chap.  417.  1267 

li.st,  or  notice  or  warrant  for  an  election,  posted  in  a  city  ust,  warrant, 
or  town,  shall  be  pnnislied  by  fine  not  exceedinii;  three  isss,  i56;  1892, 
hundred  dollars,  or  by  imprisonment  in   jail   not  exceed- ^*^' ^^^" 
ing  one  year,  or  by  I)oth  such  tine  and  im[)risonment. 

Section  320.  Whoever  votes  at  a  caucus,  held  in  ac-  Penalties,  for 
cordance  with  any  of  the  provisions  of  title  three  of  this  cau^ua.^'"'  °^  '^^ 
act,  for  the  nomination  of  a  candidate  to  be  supported  at  ]lll[  till  IU2. 
a  state,  city  or  town  election,  or  for  the  selection  of  dele- 
gates to  a  })olitical  convention,  or  for  the  appointment 
of  a  political  committee,  not  being  a  legal  voter  in  the 
ward  of  a  city  or  the  town  or  representative  district,  as 
the  case  may  be,  in  and  for  which  such  caucus  or  meet- 
ing is  held  ;  whoever  so  votes,  being  such  legal  voter  biit 
not  being  included  in  the  terms  of  the  call  under  which 
such  caucus  or  meeting  is  held  ;  Avhoever  so  votes  or 
attempts  so  to  vote  upon  any  name  not  his  own  ;  whoever 
so  votes  or  attempts  so  to  vote  more  than  once  at  one 
balloting  ;  whoever  at  such  caucus  or  meeting  knowingly 
casts  or  attempts  to  cast  more  than  one  ballot  at  one 
time  of  balloting,  or  more  than  the  number  of  separate 
•ballots  allowed  to  each  voter,  if  more  than  one  ballot  is 
allowed  to  be  cast,  shall  be  punished  by  fine  not  exceed- 
ing one  hundred  dollars,  or  l)y  imprisonment  in  jail  not 
exceeding  three  months,  or  by  both  such  fine  and  im- 
prisonment. 

Section  321,     Whoever  falsely  makes  or  wilfully  de-    forfaiseiy 
faces  or  destroys  any  certificate  of  nomination  or  nomi-  ^ppfe^s'siug"^' 
nation  paper,  or  any  part  thereof,  or  any  letter  of  with-  ceruSefnom- 
drawal  made  in  accordance  with  the  i^rovisions  of  this  act,  ^"a,''""  p-'^p^'' 

.  ,  I  'or  letter. 

or  signs  any  such  certificate  or  paper  contrary  to  the  pro-  i889, 413,  §29. 
visions  thereof,  or  files  any  certificate  of  nomination  or 
nomination  paper  or  letter  of  withdrawal,  knowing  the 
same  or  any  })art  thereof  to  be  falsely  made,  or  su})- 
■presses  any  certificate  of  nomination  or  nomination  paper, 
or*any  part  thereof,  which  has  been  duly  filed,  shall  be 
punished  by  fine  not  exceeding  one  thousand  dollars,  or 
by  imprisonment  in  jail  not  exceeding  one  year,  or  l)y 
both  such  fine  and  imprisonment. 

Section  322.     Whoever  intentionally  writes,   i)rints,     forwriting, 
posts,  or   distributes,   or  causes  to  be  written,  printed,  fnTfii^'ribuu" 
posted,   or  distributed,  a  circular  or  poster  which  is  de-  anonymous 
signed  or  tends  to  injure  or  defeat  any  candidate  for  nom-  iggo^ssi*' *''°* 
ination  or  election  to  any  public  office,  by  refiecting  upon 
his  personal  character   or   political  action,   unless   there 


1268 


Acts,  1893.  — Chap.  417. 


Penalties,  for 
Injuring  or 
destroying  state 
ballot  box, 
blanks  or 
apparatus. 
1890,423,  §88; 
1891,  328,  §5. 


for  refusal  or 
neglect  to  com- 
ply with  regula- 
tions for  use  of 
Beals  and  ballot 
boxes. 
1890,  423,  §94. 


for  prevent- 
ing, hindering, 
molesting,  etc., 
supervisor  of 
elections. 
1891,  264,  §1. 


for  printing, 
or  distributing 
distinguishing 
ballots,  etc. 
1893,  177,  §2. 


for  defacing, 
destroying,  etc., 
lists,  cards,  bal* 


appears  upon  such  circular  or  poster  in  a  conspicuous 
place  either  the  names  of  the  chairman  and  secretary,  or 
the  names  of  two  ofiicers  at  least  of  the  political  or  other 
organization  issuing  the  same,  or  the  name  and  residence, 
with  the  street  and  number  thereof,  if  any,  of  some  voter 
of  the  Commonwealth,  as  responsible  therefor,  shall  be 
punished  by  tine  not  exceeding  three  hundred  dollars,  or 
by  imjn'isonment  in  jail  not  exceeding  six  months,  or  by 
both  such  fine  and  imprisonment. 

Section  323.  Whoevet  wilfully  or  maliciously  injures 
or  destroys  a  ballot  box  or  any  of  the  blank  forms  or 
apparatus  furnished  to  a  city  or  town  in  accordance  with 
the  provisions  of  sections  one  hundred  and  twenty-three 
and  one  hundred  and  twentj^-four  of  this  act,  shall  be 
punished  by  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  jail  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment. 

Section  324.  Whoever  refuses  or  wiLftilly  neglects  to 
comply  with  any  regulation  made  by  the  board  of  alder- 
men of  a  city,  or  by  the  selectmen  of  a  town,  in  regard 
to  the  use  of  seals  and  ballot-boxes,  in  accordance  witl^ 
the  provisions  of  section  one  hundred  and  twenty-six  of 
this  act,  shall  be  punished  liy  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding 
six  months,  or  by  both  such  fine  and  imprisonment. 

Section  325.  Whoever  prevents  a  supervisor  of  elec- 
tions, appointed  in  accordance  with  the  provisions  of 
section  one  hundred  and  twenty  of  this  act,  from  doing 
any  of  the  acts  by  said  section  authorized  to  be  done,  or 
hinders  or  molests  any  such  supervisor  in  doing  any 
such  acts,  and  whoever  aids  or  abets  in  preventing, 
hindering  or  molesting  any  such  supervisor  in  doing  any 
of  such  acts,  shall  be  punished  by  fine  not  exceeding  three 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceed- 
ing one  year,  or  by  both  such  fine  and  imprisonment. 

Section  326.  AVhoever  prints  or  distributes  a  ballot  for 
use  in  the  election  of  moderator  at  a  town  meeting  in  vio- 
lation of  the  provisions  of  section  two  hundred  and  seventy- 
three  of  this  act,  shall  be  punished  by  fine  not  exceeding 
one  hundred  dollars,  or  by  imprisonment  in  jail  not 
exceeding  sixty  days,  or  by  both  such  fine  and  imprison- 
ment. 

Section  327.  Whoever,  before  an  election,  wilfully  de- 
faces or  destroys  any  list  of  candidates  posted  in  accord- 


Acts,  1893.  — Chap.  417.  1269 

ance  with  the  provisions  of  this  act,  or,  during  an  election,  iota,  suppiiea, 
wilfully  defaces,  tears  down,  removes  or  destroys  any  I'sg,  413,  §28. 
card  of  instruction  or  specimen  ballot  printed  or  posted 
for  the  instruction  of  voters,  or  during  an  election, 
wilfully  removes  or  destroys  any  of  the  supplies  or  con- 
veniences furnished  to  enable  a  voter  to  prepare  his  ballot, 
shall  be  punished  by  tine  not  exceeding  one  hundred 
dollars. 

Section  328.     Whoever  forges  or  falsely  makes  the  Penalties,  for 
official  endorsement  on  any  ballot,  or  wilfully  destroys  or  endw^s^ement, 
defaces  a  ballot,  or  wilfully  delays  the  delivery  of  any  bafioT^or^defL*'' 
ballots,    shall    be    punished   by    tine    not   exceeding   one  jna  delivery  of 
thousand  dollars,  or  by  imprisonment  in  jail  not  exceed-  issa,  413,  §29. 
iug  one  year,  or  by  both  such  tine  and  imprisonment. 

Sectiox  329.    Whoever   wilfully   and   without    lawful     for  hindering 
authority  hinders  or  delays  a  voter,  when  on  his  way  to  a  voter."*^'"^ 
polling  place  where  an  election  is  to  be  held,  or  while  he  '^  ^°'^  '^^^^' 
is  voting  or  attempting  to  vote,  or  aids  or  assists  in  any 
such  obstruction  or  delay,  shall  be  punished  by  fine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  in 
jail  not  exceeding  one  year,  or  by  both  such  fine  and  im- 
prisonment. 

Section  330.     Whoever  interferes  or  attempts  to  inter-     forinterfer. 
fere   with  a  voter  when  he  is  marking  his  ballot  or  is  o°r^i,lducing'^'^' 
within  the  space  enclosed  by  the  guard  rail,  or  endeavors  to  balrot!"  ^^°^ 
induce  a  voter,  before  he  has  voted,  to  show  how  he  marks  ^^^^^  ^^3,  §27. 
or  has  marked  his  ballot,  shall  be  punished  by  fine  not 
exceeding  one  hundred  dollars. 

Section  331.     Whoever  wilfully  hinders  the  progress     for  hindering 
of  voting  at  an  election,  shall  be  punished  by  fine  not  ex-  i889?4i3,  §28. 
ceeding  one  hundred  dollars. 

Section  332.    Whoever  aids  or  abets  a  person  not  legally    foraidingor 
qualified  to  vote  at  an  election,  in  voting  or  attempting  to  garvming" '"^' 
vote,  or  aids  or  abets  a  person  in  voting  or  attempting  to  JS90, 423,  §§130, 
vote  under  a  name  other  than  his  own,  or  in  depositing  or 
attempting  to  deposit  more  than  one  ballot  at  one  time  of 
balloting,  shall  be  punished  by  fine  not  exceeding  three* 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceed- 
ing one  year,  or  by  Ijotli  such  fine  and  imprisonment. 

Section  333.    Whoever  places  any  mark  against  a  name     for  marking 
on  a  ballot  not  cast  by  himself,  or  places  a  distinguishing  1*0  iaw?°°*''^''^ 
mark  on  any  ballot  not  cast  by  himself,  except  as  authorized  ^^^^'  ^^^• 
by  law,  shall  be  punished  by  fine  not  exceeding  one  thou- 
sand dollars,  or  by  imprisonment  in  jail  not  exceeding 
three  years,  or  by  both  such  fine  and  imprisonment. 


1270  Acts,  1893.  — Chap.  417. 

Penalties,  for  SECTION  334.    Wlioevei',  witli  intent  to  cheat  or  defraud, 

poBiting'or         alters  a  ballot  cast   at  an  election ;    whoever,  with  such 
whh'intfnt'to"-  intent,  deposits  a  ballot  in  the  ballot  l)ox  used  at  an  elec- 
fr'^au'd."'^ '^''"       tion,  or  in  an  envelope  provided  by  law  for  the  preser- 
1890, 423, §131.    vation  of  ballots  cast  at  an  election;  and  whoever,  with 
such  intent,  removes  a  ballot  from  an}^  such  ballot  box  or 
envelope,   shall  be  punished    by  tine    not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  jail  not  exceeding 
three  years,  or  by  both  such  tine  and  imprisonment, 
forreraoyaiof      SECTioisr  335.    Whoevcr  takcs  or  removcs  a  ballot  out- 
enciosed  space,  sidc  of  the  spacc  eucloscd  by  the  guard  rail  before  the 
1889, 413,  §29.      ^.j^g^  of  the  polls,  shall  be  punished  by  fine  not  exceeding- 
one  thousand  dollars,  or  by  imprisonment  in  jail  not  ex- 
ceeding one  year,  or  by  both  such  tine  and  imprisonment. 
ing°etc!?c!;rtain      Sectiox  336.    Au  owucr,  Superintendent  or  oversccr  in 
persons  on  day    j^jjy  manufacturino-    mechanical    or  mercantile    establish- 

of  StStG  GIGC-  *^  C?  -' 

tion.  ^  ment,  who  employs  or  permits  to  be  employed  any  per- 

^'''  "        *    son  therein  on  the   day   of  a   state  election,  in  violation 

of  the  provisions  of  section  seven  of  this  act,  shall  be 

punished  by  fine  not  exceeding  one  hundred  dollars. 

for  attempting      Section  337.     Wliocvcr  by  threatening  to  discharge  a 

to  influGDce  , 

voters  by  pcrsou  froiii  liis  emplovmeiit,  or  threatenino;  to  reduce  the 

threats,  etc.  ^  ,,  "i  •    •  j.  •  '"  i  ^ 

1890, 423,  §136.     wagcs  ot  a  person,  or  by  proimsmg  to  give  employment 
at  higher  wages  to  a  person,  attempts  to  influence  a  quali- 
fied voter  to  give  or  to  withhold  his  vote  at  an  election, 
shall  be  punished  l)y  fine  not  exceeding  three  hundred 
dollars,  or  liy  imprisonment    in  jail    not    exceeding    one 
year,  or  by  both  such  fine  and  imprisonment. 
eiict'ions.^^'^ ''^      Section  338.     Whoever  pays,  gives,  or  bestows,    or 
1890, 423,  §§136,   clirectly  or  indirectly  promises  any  gift  or  reward  to  se- 
cure the  vote  of  any  person  at  an  election,  or  to  induce 
any  voter  to  withhold  his  vote,  shall  l)e  punished  by  fine 
not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  jail  not  exceeding  one  year,  or  by  both  such  fine  and 
imprisonment. 
conducl'atS      Section  339.     Whocvcr  at  an  election  behaves  in  a  dis- 
i89(r'423  §§P8    oi'derly  manner,  and,  after  notice  from  the  presiding  officer, 
220.'  ""  '     "  '  persists  in  such  conduct  and  refuses  to  withdraw  from  the 
polling  place,  shall  be  punished  by  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment. 
for  disobeying      Section  340.     Wliocvcr  wilfully  disobcA'S  any  lawful 

ordGTs  of  gIgc-  ^  » 

tion  ofla,cer8.       command  of  an  election  otiicer,  shall  be  punished  by  fine 
1890, 423,  §1-  .    ^^^  exceeding  one  hundred  dollars,  or  by  imprisonment 


Acts,  181)3.  — Chap.  417.  1271 

in  jail  not  oxcoedino:  thirty  days,  or  by  l)oth  such  fine  and 
imprisonment. 

Section  341.     Whoever,  when  ordered  by  the  presid- J^'^^J^^'^^^*^,**"' 
ino;  officer  of  an  election  or  meetino-   to  remove  anv  ])ipe,  ji'pe.  cigar, 

•  •*"",  t      i     L      '    uQiior,  etc* 

cig'ar,  cigarette  or  licjuor,  or  to  witlidraw  from  tlic  ])olIini2:  is9o,  423,  §139. 
phice,  in  accordance  with  the  requirements  of  section  one 
hundred   and   fifty-eiglit   of  this    act,   refuses  or  fails  to 
obey  such  order,  shall  be  punished  by  fine  not  exceeding 
twenty  dollars. 

Sectiox  342.     Whoever,  when  a  recount  of  votes  at  an     for  giving  in- 
election  is  had,  makes  any  statement  or  gives  any  infor-  Kardhig°chat 
mation  in  regard  to  a  ballot  cast  by  a  challenged  voter  at  is92f332°§2!' 
such   election,  shall  be    punished   by  fine  not  exceeding 
two  hundred  dollars,  or  by  imprisonment  in  jail  not  ex- 
ceeding one  year,  or  by  both  such  fine  and  imprisonment. 

Sectiox  343.     Whoever  refuses  or  wilfully  neglects  to     for  refusal  or 
comply  with  any  regulation  made,  in  accordance  with  the  comply *with 
provisions  of  section  two  hundred  and  five  of  this  act,  by  ref^'vi'ng^co^unt. 
the  board  of  aldermen  of  a  city  or  by  the  selectmen  of  jJJ''  ^,°fgg'*^"''°" 
a  town,  in  regard  to  the  manner  of  receiving,  counting  and  isyo.  423,' §94. 
returning  votes  cast  at  an  election,  shall  be  punished  by 
fine  not  exceeding  one  hundred  dollars,  or  by  imprison- 
ment in  jail  not  exceeding  six  months. 

Section  344.     Whoever  violates  any  of  the  provisions     for  violation 
of  sections  two  hundred  and  twenty-six,  two  hundred  and  uui^ng°to*co?ru^pt 
twenty-seven,  two  hundred  and  twenty-eight,  two  hundred  uom'.'°^  '"  *''**^" 
and  thirty-one,  two  hundred  and  thirty-two,  two  hundred  is9^. -iie,  §22. 
and  thii't3''-six,  two  hundred  and  thirty-seven,  two  hundred 
and  thirty-eight,  two  hundred  and  forty-two  and  two  hun- 
dred and  forty-four  of  this  act,  relating  to  corrupt  prac- 
tices in  elections,  shall  be  punished  by  fine  not  exceeding 
one  thousand  dollars ;   and  whoever  violates  any  of  the 
provisions  of  sections  two  hundred  and  thirty-three,  tM'^o 
hundred  and  thirty-four  and  two  hundred  and  thirty-five 
of  this  act,  shall  be  punished  by  fine  not  exceeding  one 
thousand  dollars,  or  by  imprisonment  in  jail  not  exceeding 
one  year,  or  by  both  such  fine  and  imprisonment. 


TITLE   XII. 
1.     Repeal  of  Former  Statutes. 

Section   345.       Sections   sixty-four,    sixty-six,    sixty-  Repeal. 
seven,  sixty-eight,  seventy,  seventy-three,  seventy-four, 


1272  Acts,  1893.  — Chap.  417. 

Repeal.  seveiity-seveii,  seventy-eight,  seventy-nine,  eighty,  eighty- 

one,  eighty- three,  eighty-four,  eighty-six,  eighty-seven, 
eighty-nine,  ninety,  ninety-one,  ninety-three,  ninety-four, 
ninety-seven  and  ninety-eight,  of  chapter  twenty-seven  of 
the  Public  Statutes ;  chapter  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  seventj^-four ;  chapter  two  hundred 
and  forty-six  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-six ;  chapter  two  hundred  and  forty-three  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-eight ;  sec- 
tions one,  two,  tliree  and  four  of  chapter  two  hundred  and 
twenty-five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty ;  chapter  two  hundred  and  twenty-one  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-one  ;  chapter  two 
hundred  and  three  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-three ;  chapter  one  hundred  and  fifty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
five  ;  chapters  four  hundred  and  thirty-six,  four  hundred 
and  thirty-seven  and  four  hundred  and  forty-one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-eight ; 
chapters  one  iiundred  and  ninety-one,  three  hundred  and 
thirty-seven,  four  hundred  and  four  and  four  hundred 
and  thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  ;  chapters  two  hundred  and  fifty-four,  three 
hundred  and  eighty-one,  three  hundred  and  eighty-six, 
three  hundred  and  ninety-three,  four  hundred  and  twenty- 
three  and  four  hundred  and  thirty-six  of  the  acts  of  the 
year  eighteen  hundred  and  ninety ;  chapters  ten,  thirty- 
one,  thirty-two,  seventy-four,  one  hundred  and  fifty-five, 
two  hundred  and  thirt^^-eight,  two  hundred  and  fifty-six, 
two  hundred  and  sixty-four,  two  hundred  and  sixty-nine, 
two  hundred  and  seventy,  two  hundred  and  seventy-eight, 
three  hundred  and  five,  three  hundred  and  fourteen,  three 
hundred  and  twenty-eight,  three  hundred  and  twenty-nine, 
three  hundred  and  thirty-six  and  three  hundred  and  ninety- 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one  ;  chapters  fifty-one,  one  hundred  and  fifteen,  one  hun- 
dred and  twenty-four,  one  hundred  and  ninety,  two  hun- 
dred and  twenty-four,  two  Iiundred  and  seventy-nine,  three 
hundred  and  sixteen,  three  hundred  and  thirty-two,  three 
hundred  and  fifty-one,  three  hundred  and  sixty-eight,  four 
hundred  and  five,  four  hundred  and  six,  four  hundred  and 
sixteen  and  four  hundred  and  thirty-one  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two ;  chapters  thirty- 
nine,  eighty-seven,  one  hundred  and  forty-six,  one  hun- 


Acts,  1893.  — Chap.  418.  1273 

dred  and  sovonty-sevon,  two  hundrod  and  nine,  three  Repeal, 
Imiulred  and  four,  three  hnn(h"ed  and  seven,  three  hundred 
and  eiaht,  tliree  hundred  and  forty-nine,  three  hundred 
and  tifty-one  and  three  hundred  and  seventy-six  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-tliree ;  and 
all  other  aets  and  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed.  Approved  June  5,  1893. 


An  Act  to  terminate  the  endowment  business  of  fraternal 
beneficiary  corporations. 


ChapAlS 


Be  it  enacted^  etc.,  asfolloivs: 

Sectiox  1 .     Every  corporation  organized  or  doing  busi-  ficfarywrpoml 
ness  under  chapter  four  hundred  and  twenty-nine  of  the  acts  ^'°°s  to  termi- 

.,  iiiT'i'i  1  •      ^^^^  endowment 

of  the  year  eighteen  hundred  and  eiglity-eight,  and  acts  in  business. 
amendment  thereof  and  in  addition  thereto,  which  has  un- 
dertaken to  pay  to  memliers  or  certificate  holders,  or  to 
their  families,  benefits  at  the  end  of  fixed  periods  of  time, 
aj^irovided  for  in  section  eight  of  said  act,  shall,  upon 
tne  passage  of  this  act,  cease  to  do  such  endowment  busi- 
ness, so-called  ;  such  corporation  shall  not  levy  or  collect 
any  further  assessments  in  pursuance  of  said  undertaking, 
and  all  authority  for  such  business  heretofore  existing  is 
hereby  terminated. 

Section  2.     Within  thirty  days  of  the  passage  of  this  Report  to  be 
act  every  such  corporation  shall  make,  under  oath,  to  the  '^^  ^' 
insurance  commissioner  of  the  Commonwealth,  such  full 
report  of  its  endowment  l)usiness,  membership,  the  num- 
ber of  certificate  holders,  and  financial  condition,  as  said 
commissioner  may  in  his  discretion  require. 

Section  3.     Upon  the  filing  of  said  report  with  the  Application  for 

.       .  -ji   •       V  1  n         ,1  appointment  of 

insurance  commissioner,  or  withm  ten  days  after  the  same  receiver,  etc. 
is  due,  if  unfurnished,  he  shall  apply  to  a  justice  of  the 
superior  or  the  supreme  judicial  court  for  the  appoint- 
ment of  a  receiver  and  for  such  other  proceedings  in  the 
case  as  may  be  in  conformity  with  law.  The  said  court  Po^e"  of  court. 
shall  have  full  power  to  make  any  and  all  orders  and 
decrees  necessary  and  proper  for  the  closing  up  of  said 
endowment  business,  according  to  the  usual  course  of 
such  proceedings  in  equity. 

Section  4.     Nothing  in  this  act  shall  be  construed  to  Not  to  affect 
aflect  in  any  way  the  validity  of  any  undertaking  by  a  death  and  dis. 
fraternal  beneficiary  corporation  organized  under  said  act,  etc.''^  *°^  '^' 
to  pay  death  and  disability  benefits  to  certificate  holders, 


1274 


Acts,  1893.  — Chap.  419. 


Kot  to  affect 
validity  of  other 
proceedings, 
etc. 


provided  such  undertaking  is  not  so  connected  with  the 
endowment  business  as  to  form  a  part  thereof  or  he  prac- 
tically inseparable  therefrom. 

Section  5.  Nothing  in  this  act  shall  be  construed  to 
affect  the  validity  of  proceedings  previously  instituted  for 
the  closing  up  of  the  endowment  lousiness  of  any  corpo- 
rations organized  under  said  act. 

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

Approved  June  5,  1893. 


(J}iar)A\'^  An  Act  relating  to  the  disposition  of  baggage  retained  by 

INNHOLDERS  OR  REMAINING  UNCLAIMED  IN  THEIR  POSSESSION. 


Disposition  of 


possession  of 
innholders,  etc. 


Descriptive 
list,  etc. 


Disposition  of 
proceeds  of  sale 


Be  it  enacted^  etc. ,  as  follows : 

Section  1.  An  innholder  may,  after  retaining  the 
same  for  one  year  from  the  time  of  departure  of  a  guest 
from  his  inn,  sell  at  public  auction  upon  the  premises  of 
the  inn,  any  trunks,  carpet  bags,  valises,  parcels,  cloth- 
ing, goods  or  other  personal  property  of  a  guest  which 
has  been  abandoned  by  such  guest,  or  which  such  inff- 
holder  retains  by  virtue  of  his  lien  upon  the  same  for  the 
unpaid  board,  lodging  and  other  charges  of  such  guest, 
notice  of  the  time  and  place  of  sale  being  iirst  given  by 
posting  the  same  in  a  conspicuous  place  in  the  office  of 
the  inn  for  four  weeks  prior  to  the  date  of  such  sale,  and 
by  publishing  the  same  once  a  week  for  three  successive 
weeks  in  some  newspaper,  if  there  is  any,  published  in 
the  cit}"  or  town  where  the  inn  is  situated,  and  if  no  news- 
paper is  published  in  such  city  or  town,  then  in  some 
newspaper  published  in  the  county  where  the  inn  is  situ- 
ated, the  first  pul)lication  of  such  notice  to  be  not  less 
than  twenty-one  days  before  the  day  of  sale,  and  by  mail- 
ing a  copy  of  such  notice  properly  prepaid  and  duly  regis- 
tered and  addressed  to  said  guest  at  the  place  of  residence 
registered  by  him  in  the  register  of  such  inn.  Such  notice 
shall  contain  a  descriptive  list  of  all  such  property,  with 
all  such  specific  marks  as  may  serve  to  identify  the  same, 
and  the  name  of  such  guest  so  far  as  known  to  such  inn- 
holder. 

Section  2.     The  proceeds  of  every  such  sale,  after  de- 

*  ducting  all  reasonable  charges  and  expenses  incurred  in  the 

storage  and  sale  of  such  propert}^  shall  be  applied  to  the 

discharge  of  the  lien  of  such  innholder  upon  the  same  for 

the  board,  lodging  and  other  charges  of  such  guest,  and 


Acts,  1893.  —  Chap.  420.  1275 

any  proceeds  reniainino:  thereafter  shall  be  paid  to  the 
treasurer  of  the  Coiiinionwealth  for  the  use  of  the  Com- 
monwealth. 

Sectiox  3.     If  within  three  years  after  any  such  sale  Balance  of  pro- 
the  owner  of  any  such  property  makes  claim  to  and  proves  trowuer.^uT.' 
his  ownership  thereof,  the  said  proceeds,  after  deducting 
all  reasonable  charges  and  expenses,  shall  l)e  paid  over  to 
him  by  the  treasurer  of  the  Commonwealth. 

Section  4.     This  act  shall  take  effect  u})on  its  passage. 

Approved  Juve  5,  1893. 

An  Act  to  authorize  the  newton  and  boston  street  rail-  QJin/v)  420 

WAT   company   to    INCREASE    ITS    CAPITAL    STOCK    AND    EXTEND 
ITS   RAILWAY. 

Be  it  enacted^  etc.,  asJoUows: 

Sectiox  1.  The  Newton  and  Boston  Street  Railway  increase  of 
Company  is  hereby  authorized  to  increase  its  capital  stock  '^^^^'^  ^^^'^ 
to  an  amount  which,  together  with  the  amount  heretofore 
authorized,  shall  not  exceed  two  hundred  and  tifty  thou- 
sand dollars,  for  the  purpose  of  extending  its  tracks  upon 
such  locations  as  may  be  granted  to  it  under  the  provisions 
of  this  act,  and  also  purchasing  new  equipment,  construct- 
ing a  power  station,  and  acquiring  real  estate  and  other 
property  to  be  used  in  connection  with  the  operation  of 
its  railway.  The  total  amount  of  stock  issued  shall  not 
exceed  thirty  thousand  dollars  per  mile  of  track. 

Sectiox  2.  Said  company  may  extend,  maintain  and  ^^^^'^°^^^°°' ^*'^•• 
operate  its  tracks  in  any  street  or  location  granted  the 
said  company  by  the  mayor  and  aldermen  of  the  city  of 
Kewton  and  the  aldermen  of  Boston,  to  Oak  square  and 
to  the  junction  of  Beacon  street  and  Chestnut  Hill  avenue, 
in  that  part  of  Boston  known  as  Brighton,  or  the  select- 
men of  the  town  of  Wellesley,  and  also  on  land  acquired 
by  purchase  or  by  lease,  or  on  land  over  which  a  right  of 
way  has  been  or  may  be  acquired  by  said  company  where 
such  locations  are  necessaiy  for  the  extension  of  its  lines  ; 
and  it  may,  for  said  purpose,  construct  its  tracks  over  pri- 
vate land  and  hold  the  same  by  purchase  or  otherwise,  but 
the  proceedings  for  the  taking  of  private  property  there- 
for shall  l)e  similar  to  those  prescribed  by  general  law  in 
relation  to  railroads.  Said  company  shall  not  cross  the  Approval  of 
tracks  of  any  steam  railroad  at  grade  without  lirst  o])tain-  aucuocat'fonsln 
ins;  the  written  consent  of  the  board  of  railroad  commis-  Boston. 


1276 


Acts,  1893.  — Chap.  420. 


Purchase  or 
lease  of  fran- 
chises, etc.,  of 
other  railway 
corporations. 


Railroad  com- 
missioners' 
approval. 


Increase  of 
capital  stock. 


Railroad  com- 
missioners' 
approval,  etc. 


To  be  void  if 
road  is  conveyed 
to  a  foreign  cor- 
poration. 


sioners,  nor  shall  locations  be  valid  within  the  limits  of 
said  Boston  until  the  same  are  approved  by  said  board. 

Section  3.  Said  company  may  purchase  or  lease  at  any 
time  the  whole  or  any  portion  ofjthe  property  and  fran- 
chises of  any  other  street  railway  which  is  now  operated 
within  the  cities  and  towns  before  mentioned :  provided, 
however,  that  such  purchase,  consolidation  or  lease  shall 
not  be  valid  unless  agreed  upon  by  a  majority  of  the 
directors  of  the  purchasing,  consolidating,  selling  or  leas- 
ing corporations,  and  said  acts  of  the  boards  of  directors 
shall  be  approved  by  a  majority  in  interest  of  the  stock- 
holders of  each  corporation,  at  meetings  called  for  that 
purpose  ;  provided,  further,  that  no  contract  of  lease,  sale, 
purchase  or  consolidation  between  said  company  and  any 
other  street  railway  company  or  traction  company  shall  be 
entered  into  under  the  provisions  of  this  act  until  the 
terms  of  such  contract  shall  have  been  first  approved  by 
the  board  of  railroad  commissioners ;  but  this  section 
shall  not  affect  the  terms  of  existing  orders  of  location 
granted  to  said  company  by  the  mayor  and  aldermen  of 
the  said  city  of  Newton. 

Section  4.  Said  company  may  for  purposes  mentioned 
in  section  three,  by  a  vote  of  two  thirds  in  interest  of  its 
stockholders  at  meetings  called  for  that  purpose,  increase 
its  capital  stock  to  an  amount  not  exceeding  the  capital 
stock  of  the  company  purchased  or  consolidated  with : 
provided,  hoicever,  that  only  so  much  stock  may  be  issued 
as  will  equal  at  its  market  value  the  stock  of  purchased  or 
consolidated  roads  at  its  market  value. 

Section  5.  No  stock  shall  be  issued  under  this  act 
until  the  terms  of  such  issue  shall  have  been  submitted 
to  the  board  of  railroad  commissioners  and  approved  by 
them  ;  and  if  they  approve  such  issue,  a  certificate  setting 
forth  such  approval  shall  be  executed  by  said  lioard  and 
filed  by  said  company  in  the  office  of  the  secretary  of  the 
Commonwealth . 

Section  6.  All  rights  granted  under  this  act  shall  be 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to 
any  foreign  corporation. 

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

Approved  June  6.  1893. 


Acts,  1893.  — Chap.  421.  1277 

ChapA21 


Ax  Act  to  incokpouatk  thk  fall  i;ivei£  and  taunton  stkekt 

KAILWAY    COMPANY. 


Be  it  enacted,  etc.,  asfolloios: 

Section  1.     Milton  Reed,  Albert  P.  Dow,  William  II.  ^.f^HJ^i^f^j^.^^^t 
WaiTcn,  John  Beattie,  junior,  William  F.  Thomas,  Theo-  Railway  com- 
dore  W.  Borden  and  Benjamin  Cook,  their  associates  and  porated. 
successors,  are  hereby  made  a  corporation  under  the  name 
of  the  Fall  River  and  Taunton  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. 
Said  company  shall  not  cross  the  tracks  of  any  steam  rail-  mtsi^onersTp- 
road  at  srade  without  first  obtainint;  the  written  consent  provai  of  grade 

r*  _  _  o  croBBings. 

of  the  board  of  railroad  commissioners. 

Section    2.     Said   company   is   hereby  authorized   to  construction 

j_         ,  1  ,  '1  '  -j^i         •        I  111      and  operation  of 

construct  and  operate  a  railway,  with  single  or  double  road  in  certain 
tracks  and  with  convenient  turn-outs  and  switches,  in  tow^ne^etc. 
part  upon  private  land  and  over  and  upon  any  streets  or 
highways  in  the  cities  of  Fall  River  and  Taunton  and  the 
towns  of  Somerset  and  Dighton,  as  shall  be  from  time  to 
time  fixed  and  determined  by  the  mayor  and  aldermen  of 
|he  city  of  Fall  River  and  the  mayor  and  aldermen  of  the 
city  of  Taunton,  for  their  respective  cities,  and  the  select- 
men of  the  town  of  Somerset  and  the  selectmen  of  the 
town  of  Dighton,  for  their  respective  towns.  And  said 
company  may  construct  its  tracks  over  private  land  and 
hold  the  same  by  purchase  or  lease.  It  may  acquire  by 
purchase  or  otherwise  all  necessary  real  estate  for  its 
power  stations  and  other  uses  incidental  to  the  proper 
maintenance  of  its  railway. 

Section  3.  The  location  of  said  street  railway  outside  width  of  loca. 
of  public  streets  and  highways  shall  not  exceed  fifty  feet  public  streets. 
in  width. 

Section  4.     Said  company  may  maintain  and  operate  Motive  power, 
said  railway  ^y  any  approved  motive   power  other  than  streets,  erection 
steam,  and,  with  the  consent  of  the  mayor  and  aldermen  wi?e°8.^**° 
of  the  respective  cities  of  Fall  River  ancl  Taunton  and  the 
boards  of  selectmen  of  the  towns  of  Somerset  and  Dighton, 
may  make  such  underground  alterations  of  the  streets  and 
highways,  and  may  erect  such  poles  and  wires  therein, 
and  may  erect  and  maintain  such  poles  and  wires  on  pri- 


1278 


Acts,  1893.  — Chap.  421. 


Capital  Btock 
not  exceeding 

$350,000. 


Mortgage  bonds 
not  exceeding 

$350,000. 


Railroad  com- 
misBioners' 
approval  of 
issue  of  stock 
and  bonds,  etc. 


To  be  void  if 
road  is  conveyed 
to  a  foreign 
corporation. 

To  be  void  if 
road  is  not 
operated  prior 
to  July  1,  18U6. 


vate  lands,  obtained  as  aforesaid,  as  may  be  necessary  to 
establish  and  maintain  such  motive  power. 

Section  5 .  The  capital  stock  of  said  corporation  shall 
not  exceed  three  hundred  and  fifty  thousand  dollars,  ex- 
cept that  said  corporation  may  increase  its  capital  stock, 
subject  to  all  general  laws  applicable  to  such  increase. 

Section  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  and  fifty  thousand  dollars,  for  a  term 
not  exceeding  twenty  years  from  the  date  thereof:  pro- 
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,  said  corpora- 
tion may  make  a  mortgage  of  its  road  and  franchise  or 
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  other- 
wise 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  is  substituted  therefor ;  and  bonds 
issued  shall  first  be  approved  by  some  person  appointed 
by  the  corporation  for  that  purpose,  who  shall  certify 
upon  each  bond  that  it  is  properly  issued  and  recorded. 

Section  7.  No  stock  or  bonds  shall  be  issued  under 
this  act  until  the  terms  of  such  issue  shall  have  been  sub- 
mitted to  the  board  of  railroad  commissioners  and  ap- 
proved 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 
secretary  of  the  Commonwealth. 

Section  8.  All  rights  granted  under  this  act  shall  be 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to. 
any  foreign  corporation. 

Section  9.  This  act  shall  take  eflect  upon  its  passage, 
but  shall  become  void  unless  said  railway  is  constructed 
and  put  in  operation  before  the  first  day  of  July  in  the 
year  eighteen  hundred  and  ninety-six. 

Approved  Jane  6,  1S93. 


Acts,  1893.  — Chaps.  422,  423.  1279 


Ax  Act  relating  to  Tut;  expense  of  recording  probate  pro-  QJin^^  400 

CEEDINGS   IN   THE   COUNTY  OF   SUFFOLK.  "^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  expense  of  recordinof  probate  proceed-  Expense  of 

,1  .  i>   ti     ii'   11  1    j^     'i     1  1  •  1-  recording  pro- 

ings  in  the  county  01  buiiolk,  regulated  by  section  forty-  bate  proceed- 
four  of  chapter  one  hundred  and  fifty-six  of  the  Public  county.^"^°'^ 
Statutes,  shall  not  exceed  forty-five  hundred  dollars  in  any 
one  year.     So  much  of  said  section  forty-four  as  is  incon-  Repeal. 
sistent  with  this  act  is  hereby  repealed. 

Section  2.     Chapter  two  hundred  and  seventeen   of  ^«p^*'- 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven  is 
hereby  repealed. 

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

Approved  Jime  6,  1893. 


ChapA2^ 


An  Act  relative  to  the  powers  and  duties  op  town  officers. 
Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.    Sections  seventy-one,  seventv-two,  seventy-  Repeal  and  sub- 

•  •  »/  '  V  '  J        stitut6 

five,  seventy-six,  eighty-two,  eighty-five,  eighty-eight, 
ninety-two,  ninety-five,  ninety-six  and  ninety-nine  and 
sections  one  hundred  to  one  hundred  and  twenty-eight 
inclusive,  of  chapter  twenty-seven  of  the  Public  Statutes, 
chapter  two  hundred  and  ninety-five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-six,  chapter  two  hundred 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight,  chapters  ninety-eight  and  one  hun- 
dred and  sevent^^-eight  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine  and  chapter  sixty  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three,  are  hereby 
repealed,  and  in  place  and  amendment  thereof  the  follow- 
ing sections  are  substituted. 

Town  Cleek'. 

Section  2.    The  town  clerk  shall  record  all  votes  passed  Town  cierk,  to 
at  the  meeting  of  a  town  at  which  he  is  elected,  and  at  all 
other  meetings  of  the  town  held  during  his  continuance  in 
office. 

Section  3.     The  town  clerk  shall  administer  the  oaths     to  administer 
of  oflice  to  all  town  officers  who  appear  before  him  for  the  record  thereof. 
purpose,  and  shall  make  a  record  of  such  oaths,  and  of 
the  oaths  of  office  taken  before  justices  of  the  peace  of 
which  certificates  are  filed. 


1280 


Acts,  1893.  — Chap.  423. 


Town  clerk, 
assistant,  ap- 
pointment, oath 
of  office,  pow- 
ers, duties,  com- 
pensation, etc. 


Sectiox  4.  The  town  clerk  may  b}'  an  instrument  in 
writing  appoint  an  assistant  town  clerk,  who  shall  be 
sworn  to  the  faithful  discharge  of  his  duties ;  and  a  record 
of  the  appointment  and  oath  shall  be  made  in  the  records 
of  the  town.  The  assistant  town  clerk  may,  in  the  ab- 
sence of  the  town  clerk,  perform  the  duties  of  the  office 
with  the  same  powers  and  subject  to  the  same  require- 
ments and  penalties  as  are  applicable  to  the  town  clerk  in 
respect  thereto,  except  that  nothing  herein  shall  prevent 
the  election  by  the  town  or  the  appointment  by  the  select- 
men of  a  town  clerk  pro  tempore  with  power  and  authority 
to  perform  smy  or  all  of  such  duties  in  accordance  with  the 
provisions  of  law.  The  assistant  town  clerk  shall  not  re- 
ceive any  salary  from  the  town,  l)ut  his  compensation,  if 
any,  shall  be  paid  by  the  town  clerk  appointing  him,  and 
all  fees  for  services  received  by  him  shall  be  paid  over  to 
the  town  clerk. 

Section  5.    The  town  clerk  shall  transmit  to  the  secre- 

raiiroad  stock  to  ^^^.y  of  the  Commouwealth  and  to  the  board  of  railroad 

railroad  com-     commissioucrs  a  certified  copy  of  any  vote  of  the  town  to 

missioners.        guijgcribe  for  the  stock  of   a   railroad  company,    or   to 

pledge  its  credit  or  grant  aid  to  the  same,  within  thirty 

Penalty.  jj^yg  f^-om  the  day  on  which  the  vote  is  taken  ;  and  if  he 

neglects  or  refuses  to  do  so,  he  shall  be  punished  by  tine 

not  exceeding;  fiftv  dollars  and  not  less  than  five  dollars. 


Town  clerk  to 
send  vote  to  take 


Selectmen, 
duties  when  cer- 
tain other 
officers  are  not 
chosen. 


may  appoint 
police  officers, 
etc. 


to  notify 
assessors  of 
receipt  of  col- 
lectors' or  treas- 
urers' bonds. 


Selectmen. 

Section  6.  The  selectmen  .shall  be  assessors  of  taxes 
and  overseers  of  the  poor  in  towns  which  have  not  spe- 
cially chosen  other  persons  to  those  offices ;  and,  when 
acting  as  assessors,  the  selectmen  shall  take  the  oath  of 
office  required  of  assessors. 

Section  7.  The  selectmen  may  at  any  time  appoint 
police  officers  Avith  any  or  all  of  the  powers  of  constables, 
except  the  power  of  serving  and  executing  civil  process. 
Such  police  officers  shall  hold  office  during  the  pleasure 
of  the  selectmen  ;  and  they  may,  when  on  duty,  carry 
such  weapons  as  the  selectmen  shall  authorize. 

Section  8.  The  selectmen,  on  the  receipt  and  approval 
of  the  bond  of  a  collector  of  taxes  or  treasurer,  shall  give 
notice  of  such  receipt  and  approval  to  the  assessors. 


Acts,  1893.  — Chap.  423.  1281 

Section  i*.     A  person  elected  a  seleetnum  wlio  enters  Selectmen, 
upon  the  duties  of  his  office  before  taking  the  oath  of  ai'ing^eforr 
office,  shall  forfeit  for  each  oft'ence  a  sum  not  exceeding  '""^'"e  o^t*^- 
one  hundred  dollars. 

Assessors. 

Section  10.  Every  assessor,  assistant  assessor  and  o/office'"'  °**^ 
other  person  chosen  to  assess  taxes,  or  to  determine  or 
assist  in  determining  the  value  of  property  for  the  purpose 
of  taxation,  shall,  before  entering  upon  tlie  duties  of  his 
office,  take  an  oath  which  shall  be  in  substance  as  fol- 
lows :  — 

I,  having  been  chosen  to  assess  taxes  and  estimate  the  value  of 
property  for  the  purj^ose  of  taxation  for  the  town  (or  city)  of 
for  the  year  (or  years)  ensuing,  do  swear  that  1  will 
truly  and  impartially,  according  to  my  best  skill  and  judgment, 
assess  and  apportion  all  such  taxes  as  I  may  during  that  time  assess ; 
that  I  will  neither  overvalue  nor  undervalue  any  projierty  subject  to 
taxation,  and  that  I  will  faithfully  discharge  all  the  duties  of  said 
office. 

Every   assessor,    assistant   assessor   and  other   person     penalty  on,  for 
chosen  to  assess  taxes,  or  to  determine  the  value  of  prop-  ^^^^'^ 
erty  for  the  purposes  of  taxation,  who  having  notice  of 
his  election  neglects  to  take  the  oath  above  prescribed, 
before  entering  upon  the  duties  of  such  office,  shall  forfeit 
a  sum  not  exceeding  fifty  dollars. 

Section  11.  Assistant  assessors  of  a  town  when  chosen  assistant, 
shall,  in  their  respective  districts,  assist  the  assessors  duties. 
in  making  lists  of  persons  liable  to  be  assessed  for  poll 
taxes  in  such  districts,  in  publishing  and  transmitting 
lists  of  persons  so  assessed,  in  estimating  the  value  of 
the  real  and  personal  estate  in  such  districts,  and  in  the 
performance  of  such  other  duties  as  the  assessors  may 
require. 

Overseers  of  the  Poor. 

Section  12.     Members  of  a  board  of  overseers  of  the  Overseers  of  the 
poor  of  a  town,  when  elected  for  terms  of  more  than  one  tion?  °''^^°'^"' 
year,  shall,  within  seven  days  after  the  annual  town  meet- 
ing, meet  and  choose  a  chairman,  and  also  a  secretary, 
who  may  be  chosen  from  their  own  number  or  may  be 
some  person  other  than  a  member  of  the  board. 

They  shall  cause   books  to   be  kept,  wherein  shall  be     "cords, 
entered  in  a  neat  and  methodical  style,  and  so  arranged 


1282 


Acts,  1893.  — Chap.  423. 


as  to  be  readily  referred  to  upon  such  books,  the  infoiTua- 
tion  required  by  law  in  regard  to  all  needy  persons  aided 
under  their  direction,  and  all  further  information  as  to 
every  case  of  relief  given,  asked  for  or  refused,  the 
preservation  of  which  may  be  of  importance  to  the  town 
or  to  the  Commonwealth,  stating  the  amount  and  kind 
of  aid  given,  and  the  reasons  for  giving  such  aid  or  for 
refusino'  the  same. 


Town  treasurer, 
bonds,  receipts, 
payments,  and 
accounts. 


to  prosecute 
suits,  etc.,  and 
for  fines,  etc. 


to  prosecute 
for  trespasses, 
etc. 


as  collector 
of  taxes,  dep- 
uties, appoint- 
ment, bonds, 
powers,  duties, 
etc. 


Town  Treasurer. 

Sectiox  13.  The  town  treasurer  shall  give  bond  in 
such  sum  as  the  selectmen  shall  require,  Avith  sureties 
to  their  satisfaction,  for  the  faithful  discharge  of  the 
duties  of  his  office :  shall  receive  and  take  charo-e  of 
all  money  belonging  to  the  town,  and  shall  pay  over 
and  account  for  the  same  according  to  the  order  of  the 
town  or  of  the  officers  thereof  duly  authorized  in  that 
behalf.  The  treasurer  shaH  annually  render  to  the 
town  a  true  account  of  all  his  receipts,  payments  and 
other  official  doings. 

Sectiox  14.  The  treasurer  of  a  town  may  in  his  own 
name  and  official  capacity  prosecute  suits  upon  bonds, 
notes  or  other  securities  given  to  him  or  to  his  predeces- 
sors in  office  ;  and  when  no  other  provision  is  specially 
made,  he  shall  prosecute  for  all  fines  and  forfeitures  which 
inure  to  the  town  or  to  the  poor  thereof. 

Section  15.  The  treasurer  of  a  town  shall  prosecute 
for  trespasses  committed  on  any  public  building  or  enclos- 
ure belonging  to  the  town ;  and  when  a  public  building 
is  owned  partl}^  by  the  town  and  partly  by  the  county, 
such  prosecution  may  be  made  either  by  the  town  or 
county  treasurer,  whichever  shall  first  institute  the  same. 

Section  16.  If  a  town  appoints  its  treasurer  collector 
of  taxes,  the  treasurer  may  appoint  deputies,  who  shall 
give  such  lionds  for  the  faithful  dischar<i:e  of  their  duties 
as  the  selectmen  may  think  proper ;  and  such  collector 
and  deputies  shall  have  the  same  powers  as  are  vested  in 
collector  of  taxes.  A  treasurer  so  appointed  collector 
may  issue  his  warrant  to  the  sherift'  of  the  county  or  to 
his  deputy,  or  any  constable  of  the  town,  directing  them 
to  distrain  the  property  or  take  the  body  of  any  person 
who  is  delinquent  in  the  payment  of  taxes,  and  to  proceed 
in  the  same  manner  as  collectors  are  required  to  do  in  like 
cases. 


Acts,  1893.  — Chap.  423.  1283 


Collector  of  Taxes. 
Section  17.     If  the  person   or  persons  appointed  to  collector  of 

11       .     .  •  ,  c  L  •  L'  taxes,  con- 

collect  taxes  in  a  town   retuse  to  serve,  or  it  no   person  stabiestobe, 

is  elected  or  appointed  a    collector  of  taxes,   the    con-  ""  *'^""'°  *"'^'^^* 

stables   of  the    town    shall    be    the    collectors    of  taxes 

therein. 

Sectiox  18.      Every    collector    of    taxes     shall   give    to  give  bond. 
bond  to  the  town  in   such  sum   as  the    selectmen    may 
require,   and  with  sureties  to    their  satisfaction,  for  the 
faithful  discharge  of  the  duties  of  his  office. 

Section  19.      A  town  may  at  a  meeting  notified  for    may  be  given 
the   purpose  authorize  its  collector  of   taxes  to    use  all  ortr^easS?^!"^^ 
means  of   collecting  taxes  which  a  town  treasurer  may 
use  when  appointed  a  collector  of  taxes. 

Auditors. 

Section  20.  The  auditors  of  towns  shall  examine  Auditors, 
the  books  and  accounts  of  all  officers  and  committees  dutle"""^ 
of  their  respective  towns  intrusted  with  the  receipt, 
custody  or  expenditure  of  money,  and  all  original 
])ills  and  vouchers  on  which  moneys  have  been  or  may 
be  paid  from  the  treasuries  of  their  respective  towns. 
They  shall  have  free  access  to  such  books,  accounts, 
bills  and  vouchers,  as  often  as  once  a  month,  and  may 
make  examination  thereof,  and  they  shall  examine  the 
same  at  least  once  in  each  year,  and  shall  annually  rep'ort 
in  writing  to  their  respective  towns  as  to  the  correctness 
of  all  such  books,  accounts,  bills  and  vouchers. 

Surveyor  of  Highways. 

Section  21.     A  surveyor  of  highways  who  neglects  surveyor  of 
the  duties  of  his  office  shall  forfeit  ten  dollars  for  each  penaity^foV 
neglect ;    and  he  may  be   prosecuted  by  indictment  for  "uUon'et'J''^^' 
any  deficiency  in  the  highways  within  his  limits  occasioned 
by  his  fault  or  neglect. 

Section  22.      If  a  town   is  sentenced  to  pay  a  fine    liabietotown 
for  a  deficiency  in  the  highways  or  town  ways  therein,  highlvay87e't^'" 
any  surveyor  of  highways  through  whose  fault  or  neglect 
such  deficiency  existed,  shall    be  liable    for  the  amount 
of  such  fine  and  for  all  costs,  to  be  recovered  by  the  town 
in  an  action  of  tort. 


1284: 


Acts,  1893.  — Chap.  423. 


Road  comrais- 
Bloners,  powers, 
duties,  etc. 


Road  Commissionees. 

Section  23.  Road  commissioners,  -when  chosen  in 
towns,  shall,  in  matters  concerning  streets,  ways, 
bridges,  monuments  at  the  terminations  and  angles  of 
roads,  guide  posts,  sidewalks  and  shade  trees,  and,  if 
sewer  commissioners  are  not  chosen,  in  matters  of  sewers 
and  drains,  exclusively  have  the  powers  and  be  subject 
to  the  duties,  liabilities  and  penalties  of  selectmen  and 
surveyors  of  highways,  and  shall  have  all  the  powers 
and  privileges  conferred  upon  selectmen  in  section  seven- 
teen of  chapter  lifty-three  of  the  Public  Statutes  in  rela- 
tion to  moving  buildings  in  public  streets  and  highways. 


Seaver  Commissioners. 

fioIere^'p^wirB       Section  24.       Scwcr  commissiouers,  when  chosen  in 
duties, 'etc.        towus,  sliall,  iu  matters   concerning  sewers  and  drains, 
exclusively  have  the  powers  and  be  subject  to  the  duties, 
liabilities  and  penalties  of  selectmen  and  road  commis- 
sioners. 

Superintendent  of  Streets. 

of'st^rmSp*""*       Section  25.     In  a  town  which  shall  not  choose  road 
poiDtment.  oath  commissioncrs  in  accordance  with  the  provisions  of  law, 

and  term  of  in  r  ^  ij  j ' 

office,  compen-  the  Selectmen  shall,  as  soon  alter  the  annual  town  meetmg 
as  may  be,  appoint  a  suitable  person  to  be  a  superin- 
tendent of  streets.  The  superintendent  of  streets  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  shall  receive 
such  compensation  for  his  services  as  the  town  or  select- 
men may  determine,  and  shall  hold  office  until  the  next 
annual  town  meeting  and  until  his  successor  is  appointed 
and  qualitied,  unless  the  provisions  of  law  for  the  appoint- 
ment of  road  commissioners  shall  have  ceased  to  be  oper- 
ative in  such  town. 

The  superintendent  of  streets  may  be  removed  from 
office  by  the  selectmen  when  in  their  judgment  the  best 
interests  of  the  town  so  require. 

When  a  vacancy  in  the  office  of  superintendent  of  streets 
shall  occur  by  removal,  or  by  resignation  or  otherwise, 
the  selectmen  shall  appoint  a  suitable  person  to  fill  the 
vacancy,  who  shall  hold  office  until  the  next  annual  town 
meeting,  and  until  his  successor  is  appointed  and  qualified, 
except  as  above  provided. 


removal. 


vacancy. 


Acts,  1893.  — Chap.  423.  1285 

Section  26.     The  superintendent  of  streets  in  a  town  superintendent 
shall,    under  the  direction  of  the    selectmen,    have    full  powers^' 
charge  of  all  repairs  and  labor  required  of  towns  upon  ^"'"^^•'''c. 
streets,  ways,  bridges    and  sidewalks,  and  the  care  and 
preservation  of  shade  trees;  and,  also,  in  towns  when  no 
other  provision  is  made,  he  shall  have  full  charge  of  all 
repairs  required  of  towns  upon  sewers  and  drains,  and  in 
relation  to  all  such  matters  he  shall  have  the  same  powers 
and  be  subject  to  the  same  duties,  liabilities  and  penalties 
which  have  l)een  imposed  upon  surveyors  of  highways  and 
road  commissioners. 

Constables. 

Section  27.     A  constable  who  gives  to  the  inhabitants  constables. 
of  the  town  for  which  he  is  chosen  a  bond  with  sureties  one"thoir8and 
in  a  sum  not  less  than  one  thousand  dollars,  to  the  satis-  eerve'^civii'proc- 
faction  of  the  selectmen,  with  condition  for  the  faithful  ^**®^>^*'=- 
performance  of  his  duties  in  the  service  of  all  civil  proc- 
esses committed  to  him,  and  causes  the  same,  with  the 
approval  of  the  selectmen  indorsed  thereon,  to  be  tiled  in 
the  office  of  the  town  clerk,  may,  within  his  town,  serve 
any  writ  or  other  process  in  a  personal  action  in  which 
the  damajxes  are  not  laid  at  a  greater  sum  than  two  hundred 
dollars,  and  any  process  in  replevin  in  which  the  subject- 
matter  does  not  exceed  in  value  two  hundred  dollars,  and 
any  writ  or  other  process  under  the  provisions  of  chapter 
one  hundred  and  seventy-five  of  the  Public  Statutes ;  and 
no  constable  shall  serve  any  process  in  a  civil  action  until 
he  gives  such  bond. 

Section  28.     A  constable  who  gives  and  files  a  bond,  ,t,f  "T,^ ^°"'' ?^ 

,  ,  ,  ,  o  _  _     '    three  Ibousand 

given  as  provided  in  the  preceding  section  and  so  in-  dollars  may 
dorsed,  in  a  sum  not  less  than  three  thousand  dollars,  may,  etc. 
within  his  town,  serve  any  writ  or  other  process  in  a 
personal  action  in  which  the  damages  are  laid  at  a  sum 
not  exceeding  three  hundred  dollars,  and  any  process  in 
replevin  in  which  the  subject-matter  does  not  exceed  in 
value  three  hundred  dollars. 

Section  29.     The  town  clerk  shall  note  upon   every    timeoffiung 
bond  given  by  a  constable  the  time  when  the  same  was  Remedie'/on 
filed.     Any  person  injured  by  a  breach  of  the  condition  ^°^^'  ^^'^' 
of  such  bond  may,  at  his  own  expense,  in.stitute  a  suit 
thereon  in  the  name  of  the  town,  and  like   proceedings 
shall  be  had  as  in  a  suit  by  a  creditor  on  an  administration 
bond.     The  writ  shall   be  indorsed  by  the  persons  for 


1286 


Acts,  1893.  — Chap.  423. 


Constablee,  may 
serve  certain 
writs,  etc. 


may  serve  cer- 
tain demands, 
notices,  etc. 


may  require 
aid. 


to  execute 
warrants  of 
selectmen. 


to  complain  of 
breaclies  of  cer- 
tain laws. 


may  convey 
person,  etc.,  to 
jail,  etc.,  out  of 
iheir  town. 


may  serve 
■warrants  in  cer- 
tain cases  in 
any  place. 


■whose  benefit  the  suit  is  brought ;  and  if  neither  of  them 
is  an  inhabitant  of  the  Commonwealth,  it  shall  also  be 
indorsed  by  some  other  responsible  indorser  residing  in 
the  Commonwealth.  If  judgment  is  for  the  defendants, 
execution  shall  issue  for  costs  against  the  indorsers  as  if 
they  were  plaintifls  of  record. 

Section  30.  Constables  may  serve  such  writs  and 
processes  as  are  described  in  section  twenty-seven  of  this 
act,  and  warrants  and  other  processes  in  criminal  cases, 
although  their  town,  parish,  religious  society  or  other 
legally  established  district,  is  a  party  or  interested. 

Section  31.  Constables  may  serve  by  copy,  by  them 
attested,  all  demands,  notices  and  citations,  and  their 
returns  of  service  thereof  shall  be  prima  facie  evidence ; 
but  this  provision  shall  not  exclude  the  service  thereof  by 
other  parties. 

Section  32.  Constables  shall  have  like  powers  as 
sheriffs,  under  section  eighteen  of  chapter  twenty-five  of 
the  Public  Statutes,  to  require  aid  in  the  execution  of 
their  duties. 

Section  33.  Constables  shall  serve  all  warrants  and 
other  processes,  lawfully  directed  to  them  by  the  select- 
men of  their  town,  for  notifying  town  meetings  or  for 
other  purposes. 

Section  34.  Constables  shall  take  due  notice  of  and 
prosecute  all  violations  of  the  laws  respecting  the  observ- 
ance of  the  Lord's  day,  and  of  those  to  prevent  profane 
swearing  and  against  gaming. 

Section  35.  A  constable  in  the  execution  of  a  warrant 
or  writ  directed  to  him  may  convey  beyond  the  limits  of 
his  town  prisoners  and  property  in  his  custody  under  such 
process,  either  to  the  justice  who  issued  it  or  to  the  com- 
mon jail  or  house  of  correction  of  his  county. 

Section  36.  If  a  person  against  whom  a  warrant  is 
issued  for  an  alleged  offence  committed  within  any  town 
before  or  after  the  issuing  of  the  warrant  escapes  from  or 
is  out  of  such  town,  any  constable  thereof  to  whom  the 
warrant  is  directed  may  pursue  and  apprehend  him  in  any 
place  in  the  Commonwealth. 


General  Provisions. 
Compensation         Section  37.     Town  ofiiccrs  shall  receive  such  compen- 

Of  town  ofiicers.  ^  ,      .  .  •        i       i  •!     i 

sation  for  their  services,  unless  otherwise  by  law  provided, 
as  the  town  may  by  vote  determine. 


Acts,  1893.  — Chap.  423.  1287 

Section  38.     A  town  which  chooses  neither  selectmen  Penalty,  for  not 
nor  assessors  shall  forfeit  such  sum,   not  exceeding  five  men'nor^ae!  *^"^'" 
hundred  dollars  and  not  less  than  one  hundred  dollars,  ^'^^^°^^- 
as  the  county  commissioners  of  the  county  in  which  such 
town  is  situated  may  order. 

Section  39.    A  person  chosen  to  the  office  of  assessor,     o°  nsfleBsor, 
who,  unless  exempt  by  law  from  holding  such  office,  fails,  take  oath. 
after  being  duly  summoned,  to  take  the  oath  of  office,  shall 
forfeit  a  sum  not  exceeding  fifty  dollars. 

A  person  chosen  to  the  office  of  constable,  able  to  per-  on  constable, 
form  the  duties  thereof,  and  not  exempt  by  law  from  p^olecutroi. 
holding  the  office,  who  refuses  to  take  the  oath  of  office 
and  to  serve  in  such  office,  shall  forfeit  the  sum  of  twenty 
dollars.  If  he  is  present  in  town  meeting,  and  declares 
his  refusal,  or  neglects  for  seven  days  after  being  duly 
summoned  to  take  such  oath,  or  to  pay  such  fine,  he  shall 
be  prosecuted  therefor  by  the  treasurer. 

A  person  chosen  to  the  office  of  surveyor  of  highways,     on  surveyor 
who,  unless  exempt  by  law  from  holding  such  office,  fiiils  for  fSiiTre^to 
after  being  duly  summoned  to  take  the  oath  of  office,  shall  ''*'''' °"'^' 
forfeit  the  sum  of  ten  dollars. 

A  person  chosen  to  a  town  office  other  than  those  above-    on  town  offi. 
mentioned,  unless  exempt  by  law  from  holding  the  office  ur"toukroaih. 
to  which  he  is  elected,  who  fails  after  being  duly  sum- 
moned to  take  the  oath  of  office,  shall  forfeit  the  sum  of 
five  dollars. 

Section  40.     Any  person  authorized  to  approve  de-  oathmaybe 
mands  for  the  supply  of  materials,  labor  or  service  to  a  pe^oM  bring. 
town  may,    before  approving  any  such  demand,  require  p°ayme'^r."^  ^°' 
the  claimant  to  certify  under  oath  that  all  the  articles  for 
which  claim  is  made  have  been  furnished,  or  that  all  the 
labor  or  service  has  been  performed,  and  that  no  commis- 
sion, discount,   bonus,   reward  or  present  of    any  kind 
has  been  received,  or  is  promised  or  expected  on  account 
of  the  same. 

Section  41.     The  provisions  of  section  one  hundred  Recovery  of 
and  thirty  of  chapter  twenty-seven  of  the  Public  Statutes,  feitures;  how 
relative   to   the   recovery  of  fines   and   forfeitures,  shall  8trVed%tc.*'°'* 
apply  to  the  recovery  of  fines  and  forfeitures  under  the 
provisions  of  this  act ;  and  the  provisions  of  this  act,  so 
far  as  they  are  the  same  as  those  of  existing  statutes, 
shall   be    construed   as    a   continuation    of  such  statutes 
and  not  as  new  enactments ;  and  the  repeal  by  this  act  of 
any  provision  of  law  shall  not  affect  any  act  done,  liability 


1288  Acts,  1893.  — Chaps.  424,  425. 

incurred,  or  any  right  accrued  and  established,  or  any 
suit  or  prosecution,  civil  or  criminal,  pending  or  to  be 
instituted  to  enforce  any  right  or  penalty  or  punish  any 
offence  under  the  authority  of  the  repealed  statutes. 

Approved  June  6,  1893. 

Chcfp.4^24:  An  Act  relative  to  a  loan  for  the  promotion  of  the  abo- 
lition OF  GRADE  CROSSINGS  AND  A  SINKING   FUND  THEREFOR. 

Be  it  enacted,  etc.,  as  follows: 
Sinking  fund  SECTION  1.     Upou   issuins:  anv  bonds  authorized    bv 

for  payment  of        ,  ^  *-  ''.,  ,.1  p      ^ 

loan  foraboii-     chaptcT  lour  huudrcd  and  twenty-eight  ot  the  acts  or  the 

cr^o^s'inlaf  ^      year  eighteen  hundred  and  ninety,  chapters  three  hundred 

and  seventy-four  and  four  hundred  and  thirty-three  of  the 

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

chapter  two  hundred  and  eighty-three  of  the  acts  of  the 

year  eighteen  hundred  and  ninety -three,  for  the  abolition 

of  grade  crossings,  the  treasurer  and  receiver  general  shall 

establish  a  sinking  fund  for  the  payment  of  said  bonds, 

into  which  shall  be  paid  any  premiums  received  on  the 

sale  of  said  bonds  ;  and  he  shall  apportion  thereto  from 

year  to   year,  in   addition,  amounts   sufficient  with  their 

accumulations  to  extinguish  at  maturity  the  debt  incurred 

^"king'fJnd      ^y  the   issue  of  said   bonds.     The  amount  necessary  to 

and  interest  to    niect  the  auuual  sinking  fund  requirements  and  to  pay  the 

be  raised  by  ,  ■ii  niiii-ii  •  p 

taxation.  mtcrcst  Oil  Said  bouds  shall  be  raised  by  taxation  from 

year  to  year. 
Repayment  of         Section  2.     From  the  proceeds  of  the  sale  of  the  bonds 

amouutsalready  .  .  i  1      11   1  •  i  • 

expended.  refeiTcd  to  in  section  one  there  shall  be  paid  into  the  treas- 
ury of  the  Commonwealth  such  amounts  as  may  have  been 
already  expended  therefrom  under  the  authority  of  the  acts 
mentioned  in  section  one. 

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

Approved  June  6,  1893. 


Chap 


.425  -^N  "^CT  TO  INCORPORATE  THE  FALL  RIVER  COLLATERAL  LOAN  ASSO- 
CIATION. 


Be  it  enacted,  etc.,  as  foUoios. 


FaURi^^ej^coi-  Sectiox  1.  Johu  D.  Flint,  Milton  Eeed,  William  S. 
Association  Grecue,  Benjamin  Buffinton,  William  R,  Warner,  Thomas 
ncorporate  .  j^  Bordcu  and  Johu  S.  B.  Clarke,  their  associates  and 
successors,  are  hereby  made  a  corporation  l)y  the  name 
of  the  Fall  River  Collateral  Loan  Association,  to  be  lo- 
cated at  Fall  River,  for  the  purpose  of  loaning  money 
upon  pledge  or  mortgage  of  goods  and  chattels  or  of  safe 


Acts,  1893.  — Chap.  425.  1289 

securities  of  every  kind  ;  and  all  the  powers  and  privi-  l^J'^^^'  ^""''8' 
leges  necessary  tor  the  execution  of  these  purposes  are 
granted,  and  said  corporation  shall  also  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  chapter  one  hun- 
dred and  five  of  the  Public  Statutes  and  in  all  the  general 
laws  which  now  are  or  hereafter  may  be  in  force  in  rela- 
tion to  such  corporations. 

Section  2.    The  capital  stock  of  said  corporation  shall  ('apHai stock. 
be  twenty-five  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  and  to  be  paid  for  at  such 
times  and  in  such  manner  as  the  board  of  directors  shall 
decide  :  provided,  that  no  business  shall  be  transacted  by  Nottocom- 
said  corporation  until  said  amount  of  twenty-five  thousand  muir stock  "s*** 
dollars  is  subscribed  for  and  actually  paid  in  ;  and  no  cer-  paid  >".  etc 
tificate  of  shares  shall  be  issued  until  the  par  value  of  such 
shares  shall  have  actually  been  paid  in  in  cash.     The  said 
corporation  may  increase  its  capital  stock  from  time  to  time 
until  the  same  amounts  to  five  hundred  thousand  dollars. 

Sectiox  3.     Said  corporation  is  hereby  authorized  to  Corporation 
borrow  money  on  its  own  notes,  not  exceeding  the  amount  money°"°^ 
of  its  capital  paid  in,  and  for  periods  not  exceeding  one 
year. 

Section  4.     The  government  of  said  corporation  shall  [^®%"'teand 
be  vested  in  a  board  of  directors,  chosen  as  the  by-laws  city,  appoint- 

/•  11  I  -777  ment,  etc. 

may  prescribe,  conformably  to  law  :  provided,  however, 
that  one  director  shall  be  appointed  by  the  governor  of 
the  Commonwealth  and  one  shall  be  appointed  by  the 
mayor  of  the  city  of  Fall  River ;  and  the  board  thus  con- 
stituted shall  elect  one  of  their  number  president,  and 
such  other  officers  as  may  be  deemed  necessary.  The 
compensation  of  the  directors  appointed  by  the  governor 
and  mayor  for  their  services  and  attendance  at  meetings 
shall  be  paid  by  the  association. 

Section  5.     When  the  association  has  disposable  funds,  Loans  on  goods 
it  shall  loan  on  all  goods  and  chattels  offered,  embraced  etc. 
within  its  rules  and  regulations,  in  the  order  in  which  they 
are  offered,  with  this  exception,  that  it  may  always  dis- 
criminate in  favor  of  small  loans  to  the  indigent. 

Section  6.    All  loans  shall  be  for  a  time  fixed,  and  not  ^ed^^pTioroT' 
more  than  one  year,  and  the  mortgagor  or  pledgor  shall  property,  etc. 
have  a  right  to  redeem  his  property  mortgaged  or  pledged, 
at  any  time  before  it  is  sold,  in  pursuance  of  the  contract 
between  the  parties,  or  before  the  right  of  redemption  is 


1290 


Acts,  1893.  — Chap.  425. 


Card  to  be  given 
each  pledgor. 


Property  to  be 
held  one  year, 
sale,  disposition 
of  proceeds. 


Disposition  of 
BMvings  bank 
deposit  books. 


Interest. 


Supervision  of 
commissioners 
of  savings 
banks. 


Returns. 


foreclosed,  on  payment  of  the  loan  and  rate  of  compen- 
sation to  the  time  of  the  ofler  to  redeem.  No  charges 
shall  be  made  for  making  a  preliminary  examination  when 
a  loan  is  not  made,  nor  for  the  examination  of  property 
offered  at  the  office  of  the  association  for  pledge. 

Section  7.  The  corporation  shall  give  to  each  pledgor 
a  card  inscribed  with  the  name  of  the  corporation,  the 
article  or  articles  pledged,  the  name  of  the  pledgor,  the 
amount  of  the  loan,  the  rate  of  compensation,  the  date 
when  made,  the  date  when  payable,  the  page  of  the  book 
where  recorded  and  a  copy  of  sections  eight  and  nine  of 
this  act. 

Section  8.  Property  pledged  to  the  association  must 
be  held  one  year,  unless  soonei  redeemed,  and  if  not  re- 
deemed within  one  year  from  the  date  of  the  loan  shall  be 
sold  at  public  auction,  and  the  net  surplus,  after  paying 
loan  charges  and  expenses  of  sale,  shall  be  held  one  year 
for  the  owner.  All  auction  sales  shall  be  advertised  for 
at  least  one  week  in  two  daily  newspapers  published  in 
Fall  River.  In  case  a  savings  bank  deposit  book  pledged 
to  the  association  shall  not  be  redeemed  as  above  it  shall 
not  be  necessary  for  the  association  to  sell  the  same  at 
public  auction,  but  it  may  convert  the  same,  or  so  much 
thereof  as  may  be  necessary  to  pay  the  debt,  in  such 
mode  and  at  such  time  as  in  the  judgment  of  the  directors 
will  best  secure  the  interest  of  all  parties,  holding  the  net 
surplus  as  above  for  the  owner 

Section  9. 
interest  at  a  rate  exceeding  one  and  one  half  per  centum 
per  month. 

Section  10.  The  commissioners  of  savings  banks  shall 
have  access  to  the  vaults,  books  and  papers  of  the  corpo- 
ration, and  it  shall  be  their  duty  to  inspect,  examine  and 
inquire  into  its  afi'airs  and  to  take  proceedings  in  regard 
to  them,  in  the  same  manner  and  to  the  same  extent  as  if 
said  corporation  was  a  savings  bank,  subject  to  all  the 
general  laws  which  are  now  or  hereafter  may  be  in  force 
relating  to  such  institutions  in  this  regard.  The  returns 
required  to  be  made  to  the  commissioners  of  savings 
banks  shall  be  in  the  form  of  a  trial  balance  of  its  books, 
and  shall  specify  the  different  kinds  of  its  liabilities 
and  the  different  kinds  of  its  assets,  stating  the  amounts 
of  each  kind,  together  with  such  other  information  as  may 
be  called  for  by  said  commissioners,  in  accordance  with  a 


Said  association  shall   in  no  case  charge 


officers  of  state 
prison. 


Acts,  1893.  — CnAr.  426.  1291 

bltink  form  to  be  furnished  by  said  commissioners  ;  and 
these  returns  shall  be  published  in  a  newspaper  of  the  city 
of  Fall  River,  at  the  expense  of  said  corporation,  at  such 
times  and  in  such  manner  as  may  be  directed  by  said  com- 
missioners, and  in  the  annual  report  of  said  commissioners  : 
provided,  however,  that  said  commissioners  may  cause  any  Examination  by 
examination  to  be  made  by  an  expert,  under  their  direc-  ^*'*^'''" 
tion,  but  at  the  expense  of  the  corporation. 

Approved  June  6,  1893. 

An  Act  kelating  to  certain  officers  in  the  state  prison.    0]inv\  49(5 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  subordinate  officers  now  employed  or  oath  to  be  ad- 
hereafter  appointed  for  service  in  the  state  prison,  before  ^ubordiLale'" 
proceeding  with  or  entering  upon  the  duties  to  which  they 
have  been  appointed,  shall  take  and  subscribe  the  oath 
hereinafter  provided,  before  any  officer  authorized  by  law 
to  administer  an  oath,  the  record  of  said  oath  to  be  at  all 
times  in  the  possession  of  the  warden. 

[Form  of  Oath.] 

T,  A.  B  ,  do  solemnly  swear  that  I  will  bear  true  faith  and  allegiance 
to  the  Commonwealth  of  Massachusetts,  and  will  support  the  consti- 
tution thereof.     So  help  me,  God. 

I,  A.  B.,do  solemnly  swear  that  I  will  obey  the  lawful  orders  of  all 
my  superior  officers.     So  help  me,  God. 

I,  A.  B.,  do  solemnly  swear  and  aflirm  that  I  will  faithfully  and 
impartially  discharge  and  perform  all  the  duties  incumbent  on  me  in 
the  olBce  to  which  I  have  been  appointed,  according  to  the  best  of  my 
abilities  and  understanding,  agreeably  to  the  rules  and  regulations 
of  the  constitution,  the  laws  of  the  Commonwealth,  and  the  rules 
provided  in  accordance  with  law  for  the  government  of  the  state 
prison.     So  help  me,  God. 

Section  2.  Each  of  said  officers  shall  give  bond  with  officers  to  give 
sureties  to  the  Commonwealth  in  the  sum  of  one  thousand  °"  ''^  '^' 
dollars,  to  be  approved  by  the  commissioners  of  prisons, 
conditioned  that  he  will  obey  the  rules  of  the  institution 
and  faithfully  perform  all  the  duties  incumbent  upon  him 
as  such  officer,  and  not  to  depart  from  the  service  of  the 
Commonwealth,  except  upon  at  least  ten  daj's'  notice  in 
writing  given  to  the  warden,  unless  sooner  released  from 
said  service  by  the  warden.  Such  bond,  with  the  approval 
of  the  sureties  endorsed  thereon,  shall  be  filed  in  the  office 
of  the  treasurer  of  the  Commonwealth. 

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

Approved  June  6,  1893. 


1292  Acts,  1893.  — Chap.  427. 


ChCinA^l  ^^   ^^^  "^^   INCORPORATE   THE    MALDEX,   MELROSE   AND    STONEHAM 

STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

r^si'^and  Stone-        Section   1.     GeorgG    F.  Butterfield,  John  F.   Berry, 
ham  Street  Rail.  Frank  L.  Wliittier,  Arthur  W.  Rice,  Geors^e  N.  Greene, 

way  Company       -t-i        i       .       /^i  i     t     i         /-i     r^     c-\  ii        i      •  •  i 

incorporated,     ireci.  A.  CuasG  and  John  C.  C.  bmall,  their  associates  and 

successors,  are  hereby  made  a  corporation  under  the  name 

of  the   Maiden,  Meh'ose  and   Stoneham   Street  Railway 

Company  ;  with  all  the  powers  and  privileo;es  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. 

a °d  operSu  of      Section  2.     Said    company   is    hereby    authorized   to 

Maiden  Mel       coustruct   and  Operate  a  railway,  with  single  or  double 

rose  and  stone-  ti'acks  and  with  Convenient  turn-outs  and  switches,  in  part 

ham.  -Ill  1  i  i 

upon  private  land,  and  over  and  u[)on  any  streets  or 
highways  in  the  city  of  Maiden  and  the  towns  of  Melrose 
and  Stoneham,  as  shall  be  from  time  to  time  fixed  and 
determined  by  the  mayor  and  aldermen  of  said  city  for 
said  city,  and  the  selectmen  of  the  towns  of  Melrose  and 
Stoneham  for  their  respective  towns,  and  said  company 
may  construct  its  tracks  over  private  laud  and  hold  the 
same  by  purchase  or  lease.  It  may  acquire  by  purchase 
or  lease  all  necessary  real  estate  for  its  power  stations  and 
other  uses  incidental  to  the  proper  maintenance  of  its  rail- 
way. Nothing  in  this  act  shall  render  it  obligatory  upon 
the  board  of  aldermen  of  the  city  of  Maiden  to  grant  any 
location  whatsoever  to  said  company. 
Locationoutside  SECTION  3.  The  locatioQ  of  Said  strcct  railway  outsidc 
streets.  of  public  strccts  and  highways  shall  not  exceed  fifty  feet 

in  width. 
Motive  power,        SECTION  4.     Said  company  may  maintain  and  operate 

alteration  of  •i-i  i  '■■',*^.  ,, 

streets,  erection  said  railway  by  any  approved  motive  power  other  than 
wires.'^^''"  steam,  and,  with  the  consent  of  the  mayor  and  aldermen 
of  the  city  of  Maiden  and  the  selectmen  of  the  towns 
of  Melrose  and  Stoneham,  may  make  such  underground 
alterations  of  the  streets  and  highways,  and  may  erect 
such  poles  and  wires  therein,  and  may  erect  and  maintain 
such  poles  and  wires  on  private  lands  acquired  as  afore- 
said, as  may  be  necessary  to  establish  and  maintain  such 
motive  power. 


Acts,  1893.  —  Chap.  427.  1293 

Section  5.     The  ca|)ital  stock  of  said  company  shall  capital  stock. 
not  exceed  oue  hundred  and  twenty-five  thousand  dollars, 
except  that  said  company  may  increase  its  capital  stock, 
subject  to  all  general  laws  applicable  to  such  increase. 

Section  6.  Said  corporation  may  from  time  to  time.  Mortgage 
by  the  vote  of  the  majority  in  interest  of  its  stockholders, 
issue  coupon  or  registered  bonds  to  an  amount  not  exceed- 
ing one  hundred  and  twenty-five  thousand  dollars,  for  a 
term  not  exceeding  twenty  years  from  the  date  thereof: 
provided,  that  no  issue  of  bonds  shall  be  made  unless 
there  shall  have  been  actually  paid  in  an  amount  of  the 
capital  stock  equal  to  the  amount  of  such  issue.  To 
secure  payment  of  such  bonds,  with  interest  thereon,  said 
corporation  may  make  a  mortgage  of  its  railway  and  fran- 
chise 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  coui'se  of  business  to  dispose  of  property 
included  therein  which  may  become  worn,  damaged  or 
unsuitable  for  use  in  the  operation  of  its  railway,  provided  » 
an  equivalent  in  value  is  substituted  therefor;  and  all 
bonds  issued  shall  first  be  approved  by  some  person 
appointed  by  the  corporation  for  that  purpose,  who  shall 
certify  upon  each  bond  that  it  is  properly  issued  and 
recorded. 

Section  7.     No  stock  or  bonds  shall  be  issued  under  Railroad  com- 
this  act  until   the  terms  of  such   issue  shall   have   been  approve isaue  of 
submitted   to  the   board  of  railroad  commissioners  and  s^^ock  and  bonds, 
approved  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  ofiice  of  the 
secretary  of  the  Commonwealth. 

Section  8.     All  rights  granted  under  this  act  shall  be  to  be  void  if 
null  and  void  in  case  said  road  shall  be  sold  or  leased  to  to  a  fore°grcor. 
any  foreign  corporation.  poration. 

Section  9.     This  act  shall  take  effect  upon  its  passage.  To  be  void  if 
but  shall  become  void  unless  said  railway  is  constructed  operat^edVior 
and  put  in  operation  before  the  first  day  of  July  in  the  'o  Juiy  i,  isge. 
year  eighteen  hundred  and  ninety-six. 

Ajjproved  June  6,  1893. 


1294 


Acts,  1893.  —  Chaps.  428,  429. 


Ch(lvA2S   ^*^^    ^^'^    REQUIRING    THE     COMillSSIONEKS     OF    PRISONS    TO     MAKE 

CERTAIN    REPORTS. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  commissioners  of  prisons  are  hereby 
make  reports  to  required  to  make  formal  written  report  to  the  governor, 


CommissionerB 
of  prisons  to 


the  governor. 


of  the  administration,  financial  management  and  discipline 
of  the  state  prison,  the  Massachusetts  reformatory  and  the 
reformatory  prison  for  women,  whenever  in  the  judgment 
of  said  commissioners  the  conditions  of  administration, 
financial  management  and  discipline  in  any  of  said  institu- 
tions are  such  as  to  require  executive  action,  and  they 
shall  make  formal  written  report  to  the  governor  of  the 
condition  of  each  of  said  institutions  at  least  once  in  six 
months. 

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

Approved  June  6,  1893. 


QJianA^^       An  Act  to  revise  the  charter  of  the  city  of  lowell. 
Be  it  enacted,  etc.,  as  follows: 

City  of  Lowell.  SECTION  1.  The  inhabitants  of  the  city  of  Lowell,  for 
all  the  purposes  for  which  cities  and  towns  are  by  law  in- 
corporated in  this  Commonwealth,  shall  continue  to  be 
one  body  politic,  in  fact  and  in  name,  under  the  style  and 
denomination  of  the  City  of  Lowell ;  and  as  such  shall 
have,  exercise  and  enjoy  all  the  rights,  immunities,  powers 
and  privileges,  and  shall  be  subject  to  all  the  duties  and 
obligations  now  incumbent  upon  and  appertaining  to  said 
city  as  a  municipal  corporation,  except  so  far  as  the  same 
may  be  modified  by  the  provisions  of  this  act. 

Section  2.  The  administration  of  the  fiscal,  pruden- 
tial and  municipal  afiairs  of  said  city,  with  the  government 
thereof,  shall  be  vested  in  one  principal  officer,  styled  the 
mayor,  one  select  council  of  nine,  to  be  called  the  board 
of  aldermen,  and  one  council  of  not  less  than  two  nor 
more  than  four  from  each  ward,  to  be  called  the  common 
council :  provided,  however,  that  if  in  any  year  of  a  new 
division  of  the  city  into  wards  the  number  of  wards  shall 
be  increased,  there  shall  be  elected  at  the  municipal  elec- 
tion  occurring  in   such  year  an  alderman  for  each  new 

City  council.      Ward,  iu  the  manner  hereinafter  provided.     The  board  of 
aldermen  and  the  common  council  in  their  joint  capacity 


Administration 
of  fiscal,  pru- 
dential and 
municipal 
affairs. 


Acts,  1893.  — Chap.  429.  1295 

shall  be  denominated  the  city  council,  and  the  members 
thereof  shall  be  sworn  to  the  faithful  discharge  of  their 
duties.  A  majority  of  each  board  shall  constitute  a 
quorum  for  the  transaction  of  business.  No  member  of 
the  city  council  shall  receive  any  compensation  for  his 
services. 

Section  3.  The  election  of  municipal  officers  shall  Municipal  eiec- 
take  place  on  the  second  Tuesday  oi  December,  annually,  ipaiyear. 
and  the  municipal  year  shall  begin  on  the  tirst  Monday  of 
the  following  January.  All  meetings  of  the  citizens  for 
municipal  purposes  shall  be  called  by  warrants  issued  by 
the  board  of  aldermen,  which  shall  be  in  such  lorm  and  be 
served,  executed  and  returned  in  such  manner  and  at  such 
time  as  the  city  council  may  by  ordinance  direct. 

Section  4.     In  the  year  eighteen  hundred  and  ninety-  NewdiyiBion 

v  ~  "^       of  City  iDto 

five,  and  in  every  tenth  year  thereafter,  but  not  oftener,  wards,  number; 
the  city  council  may  make  a  new  division  of  the  city  into  numbe/of 
such  number  of  wards  as  they  may  determine,  and  may  dimelT."  *^°"° 
increase  or  diminish  the  number  of  common  councilmen 
to  which  the  several  wards  shall  be  entitled  during  the 
succeeding  decennial  period  :  provided,  that  the  number 
of  wards  shall  not  be  less  than  six  nor  more  than  twelve  ; 
and  provided,  furlhe)',  that  the  number  of  common  coun- 
cilmen shall  not  be  less  than  two  nor  more  than  four  from 
each  ward  ;  and  each  ward  shall  be  entitled  to  an  equal 
number  of  common  councilmen  with  every  other  ward. 
Every  new  division  of  the  city  into  wards  shall  be  made 
in  such  manner  as  to  include  an  equal  number  of  voters  in 
each  w'ard,  as  nearly  as  conveniently  may  be,  consistently 
with  well-defined  limits  to  each  ward ;  and  until  a  new 
division  is  made  the  boundary  lines  of  the  wards  shall  re- 
main as  now  established. 

Section  5.     The  mayor  shall  be  elected  by  the  quali-  ^^^'^l^^^^l] 
fied  voters  of  the  city  at  large,  and  shall  hold  office  from  office. 
the  first  Monday  of  January  next  succeeding  his  election 
to  the  first  Monday  of  the  following  January. 

Section  6.     All  the  nine  aldermen  shall  be  elected  at  Aldermen, 

1  ..,,..  ,.     election,  term 

large  at  the  municipal  election  in  each  year  by  the  quali-  of  office. 
fied  voters  of  the  city.  No  voter  shall  vote  for  more  than 
six  -aldermen  on  one  ballot,  and  the  nine  having  the 
highest  number  of  votes  shall  be  declared  elected.  The 
aldermen  shall  hold  office  from  the  first  Monday  in  Jan- 
uary next  succeeding  their  election  to  the  first  Monday  of 
the  following  January. 


1296 


Acts,  1893.  — Chap.  429. 


Common  coun- 
cilmen,  election, 
term  of  office. 


Vacancy  in 
office  of  mayor. 


Acting  mayor. 


Vacancies  in 
offices  of  alder- 
men or  common 
councilmen. 


Removal  of 
residence  of 
officer. 


Section  7.  The  members  of  the  common  council  shall 
be  elected  from  and  by  the  legal  voters  of  the  wards  in 
which  they  reside  at  the  time  of  their  election,  and  shall 
hold  office  from  the  first  jNIonday  of  January  next  succeed- 
ing their  election  to  the  first  Monday  of  the  following 
January. 

Section  8.  Whenever  any  person  elected  mayor  shall 
die,  remove  from  the  city,  or  refuse  in  writing,  addressed 
to  the  board  of  aldermen,  to  accept  said  otfice,  before 
entering  upon  the  discharge  of  his  duties,  and  whenever, 
prior  to  the  first  day  of  November  in  any  year,  in  conse- 
quence of  the  death,  resignation  or  disability  of  the  mayor, 
the  office  shall  have  become  vacant,  and  the  board  of 
aldermen  and  common  council  shall  each  have  declared 
by  vote  or  resolution  the  fact  of  such  vacancy  and  the 
cause  thereof,  the  board  of  aldermen  shall  forthwith  issue 
their  warrant  for  the  election  of  a  mayor  for  the  term,  or 
the  remainder  of  the  term,  for  which  the  last  mayor  was 
elected  ;  and  the  same  proceedings  shall  be  had  as  are 
required  by  law  for  the  original  election  :  provided,  hoiv- 
ever,  that  until  such  vacancy  is  filled  as  aforesaid,  or  when- 
ever the  mayor  from  temporary  disability  cannot  perform 
the  duties  of  the  office,  and  the  fact  of  the  vacancy  or  such 
temporary  disability  has  been  declared  by  the  board  of 
aldermen  to  exist,  then  the  duties  of  the  mayor  shall 
devolve  upon  the  chairman  of  the  board  of  aldermen  ;  and 
if  there  is  no  chairman,  then  upon  the  president  of  the 
common  council ;  and  such  officer  shall  be  styled  acting 
mayor,  and  shall  have  all  the  powers  conferred  upon  the 
mayor  by  law,  save  that  he  shall  have  no  authority  to 
make  permanent  appointments. 

Section  9.  Whenever  any  person  elected  alderman  or 
common  councilman  shall  die,  remove  from  the  city,  or 
refuse  in  writing,  addressed  to  the  board  of  aldermen  for 
the  time  being,  to  accept  the  office,  before  entering  upon 
the  discharge  of  his  duties,  the  board  of  aldermen  shall 
make  a  record  of  the  fact,  and  thereupon  shall  issue  their 
warrant  for  an  election  to  fill  such  vacancy,  to  be  held  at 
such  time  as  they  shall  deem  advisable  ;  and  the  same  pro- 
ceedings shall  be  had  to  fill  any  vacancy  in  either  of  said 
offices  caused  by  death,  resignation  or  otherwise,  after  the 
commencement  of  the  municipal  year. 

Seption  10.  Every  municipal  officer  shall  be  held  to 
discharge  the  duties  of  the  office  to  which  he  has  been 


Acts,  1893.  — Chap.  429.  1297 

elected,  notwithstanding  his  removal  after  his  election  out 
of  his  ward  into  any  other  ward  of  the  city  ;  but  a  removal 
of  residence  out  of  the  city  shall  cause  a  vacancy  to  exist 
in  the  office  to  which  he  was  elected. 

Section   11.     On    the    second    Tuesday    in    December  Election  of 
annually  the  qualitied  voters  shall  in  their  several  wards  menand'''^'' 
or  })recincts  give  in  their  votes  by  l)allot  for  mayor,  alder-  cUmenT '^°"°* 
men  and  common  councilmen,  in  accordance  with  the  laws 
of  the  Commonwealth  ;  and  if  at  such  election  a  mayor  or 
the  required  number  of  members  of  the  city  council  shall 
not  have  been  elected,  the  board  of  aldermen  shall  make  a 
record  of  the  fact  and  forthwith  issue  their  Avarrant  for 
another  election  ;  and  the  same  proceedings  shall  be  had 
as  are  provided  by  law  for  the  original  election ;  and  the 
same  shall  be  repeated  from  time  to  time  until  such  per- 
sons shall  be  chosen.     All  persons  who  may  be  elected  to  Notification. 
the  offices  named  in  this  section  shall  be  notified  by  the 
board  of  aldermen  within  two  days  after  the  fact  shall  be 
ascertained. 

Section  12.     The  mayor,  aldermen  and  common  coun-  oatha  of  office 
cil  shall  meet  in  convention  on  the  first  INIonday  of  January  men  and'^'com^*^ 
in  each  year,  at  ten  o'clock  in  the  forenoon,  and  shall  be  ■aoncouucu. 
sworn  to  the  faithful  discharge  of  their  duties.     Where- 
upon   the  two    boards   shall    separate,   aud   the  common 
council  shall  be  organized  in  the  manner  hereinafter  pro- 
vided.    Either  of  said  officers  not  present  on  said  first 
Monday  of  January  may  be  sworn  at  any  time  thereafter 
in  convention  of  the  two  boards.     In  all  cases  a  record  of 
the  takiog  of  the  oath  of  office,  as  above  provided,  shall 
be  made  by  the  respective  clerks  of  the  two  boards. 

Section    13.     The  board  of  aldermen   shall  elect  by  Board  of  aider- 
ballot  one  of  their  members  chairman  of  the  board,  who  ™^°'    ^  ™ 
shall  hold  office  during  the  municipal  year  for  which  he  is 
elected,  unless  sooner  removed  by  said  board.     The  chair- 
man shall  preside  at  all  meetings  of  the  board  of  alder- 
men and  at  all  conventions  of  the  city  council.     In  case 
of  the  absence  of  the  chairman  from  any  meeting  of  said 
board,   or  from  any   convention   of  said  city  council,  a 
member  of  the  board  of  aldermen  shall  be  elected  by  said 
board  to  preside  for  the  time  being.     All  meetings  of  the     meetiDgs,  etc. 
board  of  aldermen  shall  be  public,  unless  said  board  shall 
determine  by  a  majority  vote  of  the  members  present  that 
it  is  expedient  to  transact  any  special  business  in  executive 
session.     The  board  of  aldermen  shall  be  the  final  judges 
of  the  election  and  qualification  of  their  own  members. 


1298  Acts,  1893.  — Chap.  420. 

d°'pre°B^de°nT'  Section  14.  The  persons  chosen  and  qualified  as  mem- 
bers of  the  common  council  shall  sit  and  act  together  as  a 
separate  body,  distinct  from  that  of  the  board  of  alder- 
men, except  when  the  two  bodies  meet  in  convention. 
On  the  first  Monday  of  January,  or  as  soon  thereafter  as 
may  be,  the  common  council  shall  elect  one  of  their  mem- 
bers to  preside  over  their  deliberations,  who  shall  be 
called  the  president  of  the  common  council,  and  who  shall 
hold  ofiice  during  the  municipal  year  for  which  he  is 
elected,  unless  sooner  removed.  In  case  the  president  is 
absent  or  unable  to  perform  his  duties,  or  in  case  the 
clerk.  oflSce  Is  vacant  from  any  cause,  the  council  shall  elect  a 

president  for  the  time  being.  The  common  council  shall 
elect  a  clerk,  who  shall  be  sworn  to  the  faithful  discharge 
of  the  duties  of  his  oiBce,  and  shall  hold  his  oflSce  during 
the  pleasure  of  the  council  and  until  his  successor  shall 
be  chosen  and  qualified  ;  and  he  shall  attend  the  council 
when  in  session,  keep  a  journal  of  all  their  acts,  votes 
and  proceedings,  and  perform  such  other  services  in  said 
capacity  as  the  council  may  require.  In  his  absence  the 
council  shall  elect  a  clerk  pro  tempore,  who  shall  be 
meetings,  etc.  swom  to  the  faithful  discharge  of  his  duties.  All  sittinjfs 
of  the  common  council  shall  be  public.  The  certificate 
issued  by  the  mayor  and  aldermen  shall  be  presumptive 
evidence  of  the  right  of  the  person  presenting  the  same  to 
a  seat  in  the  common  council ;  but  the  council  shall  have 
the  authority  to  decide  ultimately  upon  all  questions 
relating  to  the  qualifications,  elections  and  returns  of 
their  members. 

Suspension  and       SECTION  15.     TForm  One.1     The  mayor  may,  when  in 

removal  of  •  .  "^  •» 

officers  by         liis  judgment  the  public  interests  require  it,  suspend  tor  a 
™^^°'^'  period  of  seven  days  any  member  of  the  board  of  over- 

seers of  the  poor  or  of  the  board  of  health,  any  assistant 
assessor,  any  member  of  the  police  force  or  fire  depart- 
ment, and  any  other  officer  of  the  city ;  and  after  due 
hearing  he  may,  with  the  approval  of  the  board  of  alder- 
men, where  said  board  elects  any  of  said  officers,  and 
with  the  approval  of  both  branches  of  the  city  council, 
where  any  of  said  officers  are  elected  by  concurrent  vote, 
Proviso.  remove  any  of  the  said  officers  :  provided,  that  the  mem- 

bers of  the  city  council  and  school  committee,  and  their 
clerks  and  attendants,  the  principal  assessors,  the  city 
clerk,  the  assistant  city  clerk,  the  city  treasurer,  the  city 
auditor,  the  city  messenger  and  city  solicitor,  shall  not  be 


Acts,  1893.  — Chap.  429.  1299 

subject  to  suspension  or  removal  as  above  provided.     No  Actioimpon 
ai)pointnient  made  by  the  mayor  which  is  subject  to  the  bj-'ma'/on"' 
approval  of  the  board  of  aldermen  shall  be  acted  upon  by 
said  board  until  the  expiration  of  one  week  after  such 
appointment    is    transmitted    to    said    board,   except    by 
unanimous  consent  of  said  board. 

[Form  Two.]     Every  officer  elected,  appointed  or  con-  Termsof  certain 
firmed  by  the  city  council  or  either  branch  thereof,  shall  °"^'*^''*- 
have  his  office  accordins;  to  the  terms  of  the  same  and 
until  his  successor  is  chosen  and  qualified,  unless  herein 
otherwise  provided  for :  jyrovided,  however,  that  any  such  Removal. 
officer  may  be  removed  at  any  time,  for  cause,  by  concur- 
rent action  of  the  mayor  and  the  body  that  elects,  appoints 
or  confirms  such  officer. 

Section  16.  The  mayor  shall  be  the  chief  executive  Mayor, chief 
officer  of  the  city,  and  shall  be  compensated  for  his  services  office^-.'sainry, 
by  a  salary  to  be  fixed  by  the  city  council,  payable  at  stated  duti^eT.'et'c'*.''^'*' 
periods,  which  salary  shall  not  exceed  the  sum  of  three 
thousand  dollars  annually  ;  and  he  shall  receive  no  other 
compensation  or  emolument  whatever  ;  and  no  regulations 
enlarging  or  diminishing  such  compensation  shall  be  made 
to  take  effect  until  the  expiration  of  the  year  for  which 
the  mayor  then  in  office  shall  have  been  elected.  And 
tlie  mayor  shall  be  vigilant  and  active  at  all  times  in  caus- 
ing the  laws  for  the  government  of  the  city  to  be  duly 
enforced ;  shall  inspect  the  conduct  of  all  subordinate 
officers  in  the  government  thereof,  and,  as  far  as  in  his 
power,  cause  all  negligence  and  violation  of  duty  to  be 
duly  prosecuted  and  punished.  Whenever  in  his  judg- 
ment the  good  of  the  city  may  require  it  he  shall  summon 
meetings  of  the  board  of  aldermen  and  common  council, 
or  either  of  them,  although  the  meeting  of  said  boards, 
or  either  of  them,  may  stand  adjourned  to  a  more  distant 
day,  and  perform  such  other  duties  as  the  city  council  may 
legally  and  reasonably  require.  And  the  mayor  from 
time  to  time  shall  communicate  to  both  branches  of  the 
city  council  such  information  and  recommend  such  meas- 
ures as  may  tend  to  the  improvement  of  the  finances,  the 
police,  health,  security,  cleanliness,  comfort  and  ornament 
of  the  city. 

Section  17.      [Form  One.]     The  mayor  shall  appoint  citycerk, 
a  city  clerk,  subject  to  confirmation  or  rejection  by  the  t^no  of 'office, 
board  of  aldermen,  at  such  time  and  for  such  term,  not  p^J^'^^' ''""«»> 
exceeding  three  years,  as  the  city  council  may  by  ordi- 


1300 


Acts,  1893.  —  Chap.  429. 


City  clt-rk,  elec 
tion,  term  of 
office,  powers, 
duties,  etc. 


nance  determine.  He  shall  be  sworn  to  the  faithful  dis- 
charge of  his  duties,  and  shall  hold  his  office  until  his 
successor  is  chosen  and  qualified,  but  may  be  removed 
however  at  the  pleasure  of  the  board  of  aldermen.  The 
city  clerk  shall  be  ex  officio  clerk  of  the  board  of  alder- 
men. He  shall  keep  a  journal  of  the  votes  and  proceed- 
ings of  the  aldermen  and  also  of  the  city  council  when 
sitting  in  convention,  and  shall  perform  such  other  duties 
as  the  city  council  may  prescribe. 

[Form  Two.]  A  city  clerk  shall  be  elected  by  con- 
current vote  of  both  branches  of  the  city  council,  at  such 
time  and  for  such  term,  not  exceeding  three  years,  as  the 
city  council  may  by  ordinance  determine.  He  shall  be 
sworn  to  the  faithful  discharge  of  his  duties,  and  shall 
hold  his  office  until  his  successor  is  chosen  and  qualified, 
but  may  be  removed  however  at  the  pleasure  of  the  city 
council.  The  city  clerk  shall  be  ex  officio  clerk  of  the 
board  of  aldermen.  He  shall  keep  a  journal  of  the  votes 
and  proceedings  of  the  aldermen,  and  also  of  the  city 
council  when  sitting  in  convention,  and  shall  perform  such 
other  duties  as  the  city  council  may  prescribe. 

Section  18.  [Form  One.]  The  mayor  shall  appoint 
a  city  treasurer,  who  shall  also  be  a  collector  of  taxes,  sub- 
ject to  the  confirmation  or  rejection  of  the  board  of  alder- 
men, at  such  time  and  for  such  term  as  the  city  council 
may  by  ordinance  determine.  He  shall  be  sworn  to  the 
faithful  discharge  of  his  duties,  and  shall  hold  office  until 
his  successor  shall  be  chosen  and  qualified,  but  may  be 
removed  at  the  pleasure  of  the  board  of  aldermen.  He 
shall  deliver  up  to  his  successor  in  office  as  soon  as  chosen 
and  qualified,  or  to  any  person  designated  by  the  city 
council,  on  his  ceasing  to  fill  such  office,  all  books,  funds, 
papers  or  other  things  kept  or  held  by  him  as  such  officer ; 
he  shall  give  bond  for  the  faithful  discharge  of  the  duties 
of  his  office  in  such  sum  as  the  city  council  may  require 
and  with  such  sureties  as  the  mayor  may  approve. 

[Form  Two.]  A  city  treasurer,  who  shall  also  be  the 
o"fficerbond,"etc'.  collcctor  of  taxcs,  shall  be  elected  by  concurrent  vote  of 
both  branches  of  the  city  council,  at  such  time  and  for 
such  term,  not" exceeding  three  years,  as  the  city  council 
may  by  ordinance  determine.  He  shall  be  sworn  to  the 
faithful  discharge  of  his  duties,  and  shall  hold  his  office 
until  his  successor  shall  be  chosen  and  qualified,  but  may 
be  removed  at  the  pleasure  of  the  city  council.     He  shall 


City  treasurer 
appoiniment, 
term  of  office, 
bond,  etc. 


City  treasurer, 
election,  terra  of 


Acts,  1893.  — Chap.  429.  1301 

deliver  up  to  his  successor  in  office  as  soon  as  chosen 
and  qualified,  or  to  any  person  designated  by  the  city 
council,  on  his  ceasing  to  till  such  office,  all  books,  funds, 
papers  or  other  things  kept  or  held  by  him  as  such  officer  ; 
he  shall  give  bond  for  the  faithful  discharge  of  the  duties 
of  his  office  in  such  sum  as  the  city  council  may  require 
and  with  such  sureties  as  the  mayor  may  approve. 

Section  19.     The  administration  of  the  police  and  the  Mayor  and 
executive  powers  of  the  city  generally,  Avith  all  the  powers  gen^rTrpowers. 
formerly  vested  in  the  selectmen  of  the  town  of  Lowell, 
and  heretofore  vested  in  the  mayor  and  aldermen  of  the 
city  of  Lowell,  shall  continue  to  be  vested  in  and  exer- 
cised l)y  the  mayor  and  aldermen  of  said  city,  as  fully 
as  if  the  same  were  herein  specially  enumerated.      The  Licenses,  grant. 
mayor  and  aldermen  may  grant  licenses  for  all  purposes  tufn!"'*  ^*^''°'"^- 
within   said  city  for  which  the  mayor  and  aldermen  of 
cities  or  the  selectmen  of  towns  are  authorized    by  the 
general  laws  of  the  Commonwealth  to  grant  the  same,  and 
all  licenses  so  granted  may  at  any  time  be  revoked  for 
good  cause.      The  mayor  shall  appoint,  subject  to  the  PoUce  officers, 
confirmation  or  rejection  of  the  board  of  aldermen,  a  chief  men^powera 
of  police,  who  shall  hold  office  for  a  term  not  exceeding  ^°<i''"t'eB. 
three  years,  as  the  city  council  may  by  ordinance  deter- 
mine, and  such  number  of  other  police  officers  and  con- 
stables as  the  board  of  aldermen  shall  determine  or  the 
public  service   may  require.      All   said  officers  thus   ap- 
pointed  shall  have  the  power  of  constables  except»the 
power  of  serving  and  executing  civil  process.     All  such  Removals, 
officers,  including  said  chief  of  police,  may  be  removed 
for  cause  by  the  board  of  aldermen,  and  said  board  may 
require  any  person  appointed  a  constable  or  special  con- 
stable to  give  bond  to  the  city,  with  such  security  and  to 
such  amount  as  said  board  may  deem  proper,  before  enter- 
ing upon  the  execution  of  said  office ;  upon  which  bond 
the  like  proceedings  and  remedies  may  be  had  as  are  by 
law  provided  in  case  of  sheriffs'  bonds  in  this  Common- 
wealth.    The  city  council  may  cause  the  public  streets  of  ^l-l^'g''^^^ 
the  city  to  be   lighted,  and  for  that  purpose   may  set  up 
and  construct  lamps,  gas  pipes  or  other  apparatus  such  as 
the  public  convenience  or  necessity  may  require,  as  pro- 
vided by  law.     The   city  council   may  also   establish   by  Erection,  main- 
ordinance  such  regulations  as  may  be  allowed  by  law  for  llectdc 'wire's"^ 
the   erection,  maintaining  and   operating  of  any  line   of 
electric  wures  owned   by  any  person  or  corporation   and 


1302  Acts,  1893.  — Chap.  429. 

used  for  lighting  the  public  streets  or  highways,  for  the 
transmission  of  motive  power  by  any  street  railway  com- 
pany, or  for  the  transmission  of  intelligence  by  electricity  : 

Proviso.  provided,  however,  that  nothing  herein  contained  shall  be 

so  construed  as  to  afiect  the  powers  of  the  board  of  alder- 
men under  the  provisions  of  chapter  one  hundred  and  nine 
of  the  Public  Statutes  or  any  act  in  addition  thereto  or  in 
amendment  thereof. 

Receipt  and  SECTION  20.     All  boards  and  officers  actino;  under  the 

expenditure  of  ,  ^     y  •  i-  i-ii-  i 

money,  ac-         authority  ot  the  City  and  intrusted  with  the  receipt  and 

annual  slate'-      expenditure  of  public  money  shall  be  accountable  therefor 

nient, etc.         j.^  ^^^  ^j^^,  council,  in  such  manner  as  they  may  direct. 

And  the  city  council  shall  publish  and  distribute  annually 

for  the  information  of  the  citizens  a  particular  statement 

of  the  receipts   and  expenditures  of  all   public  moneys, 

and  a  particular  statement  of  city  property. 

Board  of  alder.       SECTION  21.     All  othcr  powci's  now  bv  law  vestcd  in 

men  and  com-  .  .,*.,,.  y 

mon  council,      the  City  of  Lowell  or  m  the  inhabitants  thereof,  as  a  mu- 

geneia  powers,  j^j^jp^^j  Corporation,  shall  continue  to  be  vested  in  the 
board  of  aldermen  and  common  council  of  the  city,  to  be 
exercised  by  concurrent  vote,  each  board  having  a  nega- 

Ordinances,  by-  tive  upou  the  Other ;  especially  they  may  make  all  such 
needful  and  salutary  ordinances  or  by-laws  as  towns  by 
the  laws  of  this  Commonwealth  have  power  to  make,  and 
annex  penalties  not  exceeding  twenty  dollars  for  the 
breach  thereof,  which  ordinances  or  by-laws  shall  take 
etfect  from  and  after  their  passage,  unless  otherwise  pro- 
videa,  without  the  sanction  or  confirmation  of  any  court 
or  other  authority  whatever :  provided,  that  such  ordi- 
nances or  by-laws  shall  not  be  repugnant  to  the  laws  of 
this  Commonwealth  and  may  be  annulled  by  the  legisla- 
ture thereof. 

Taxes,  assess.        SECTION  22.     TForm  One.]     The  city  council  from  time 

raeut,  collec-  .  L  J  ./  />  i   •    i 

tion,  etc.  to  time  may  lay  and  assess  taxes  for  purposes  for  which 

towns  are  by  law  required  or  authorized  to  assess  or  grant 
money,  and  also  for  all  purposes  necessary  for  carrying 
into  eflfect  the  powers  conferred  by  this  act :  pi-ovided, 
hoivever,  that  in  the  assessment  and  apportionment  of 
such  taxes  the  same  rules  and  regulations  shall  be  ob- 
served as  are  now  established  by  the  laws  of  the  Com- 
monwealth, or  may  hereafter  be  enacted,  relative  to  the 
assessment  and  apportionment  of  town  taxes.  The  city 
council  may  provide  for  the  assessment  and  collection  of 
such  taxes ;    make  appropriations  of  all  public  moneys 


Acts,  1893.  — Chap.  429.  1303 

and  provide  for  the  disbursement  thereof,  and  talve  suit- 
able measures  to  insure  a  just  and  prompt  account  thereof; 
and  for  these  iiurposes  may  provide  for  such  assessors  and  Assessors  and 

'■         '■  ''    '  1  /•    1  1  -11         asBistant  asseBS- 

assistant  assessors  as  may  be  neeatui,  to  be  appomted  by  ore. 

the  mayor,  subject  to  confirmation  or  rejection   by  the 

board  of  aldermen,  or  election  by  the  qualified  voters  of 

the  city,  as   ma}'  be  most  conducive  to  the  public  good, 

and  may  fix  their  terms  of  office;  and  shall  also  require  officers  to  give 

of  all   persons  intrusted  with  the  collection,  custody  or  *''''"*^- 

disbursement  of  public  moneys,  such  bonds,  with  such 

conditions  and  such  sureties,  as  the  case  may  require. 

[Form  Two.]     The  city  council  from  time  to  time  may  Taxes,  assess- 
lay  and  assess  taxes  for  purposes  for  which  towns  are  by  uon.'etc."'^"" 
law  required  or  authorized  to  assess  or  grant  money,  and 
also  for  all  purposes  necessary  for  carrying  into  efl'ect  the 
powers  conferred  by  this  act :  provided,  however^  that  in 
the  assessment  and  apportionment  of  such  taxes  the  same 
rules  and  regulations  shall  be  observed  as  are  now  estab- 
lished by  the  laws  of  this  Commonwealth,  or  may  here- 
after be  enacted,  relative  to  the  assessment  and  apportion- 
ment of  town  taxes.     The   city  council   may  provide  for 
the  assessment  and  collection  of  such  taxes,  make  appro- 
priations of  all  public  moneys  and  provide  for  the  dis- 
bursement thereof,  and  take  suitable  measures  to  insure  a 
just  and  prompt  account  thereof;  and  for  these  purposes  Assessors  and 
may  either  elect  such  assessors  and  assistant  assessors  as  ors^*""''  '***^®*' 
may  be  needful,  or  may  provide  for  the  appointment  or 
election  of  the  same,  or  any  of  them,  by  the  board  of 
aldermen  or  by  the  citizens,  as  may  be  most  conducive 
to  the  public  good,  and  may  fix  their  term  of  office  ;   and  officers  to  give 

•  '  •/  ^  bonds. 

shall  also  require  of  all  persons  intrusted  with  the  col- 
lection, custody  or  disbursement  of  public  moneys,  such 
bonds,  with  such  conditions  and  such  sureties,  as  the  case 
may  require. 

Sectiox  23.  The  city  council  shall  have  the  power  to  Highways, 
lay  out,  alter,  discontinue  or  fix  the  grade  of  any  highway,  **''^®'*' ^"'• 
street  or  town  way,  in  such  manner  as  the  public  conven- 
ience may  require,  to  take  land  therefor  and  to  estimate  the 
damage  any  person  shall  sustain  thereby.  Any  person  dis- 
satisfied with  the  decision  of  the  city  council  in  the  estimate 
of  damages  may  within  one  year  thereafter  make  complaint 
and  application  for  a  jury,  to  the  superior  court  in  the  county 
of  Middlesex,  upon  which  application  the  same  proceed- 
ings shall  be  had  as  are  provided  in  sections  one  hundred 


1304 


Acts,  1893.  — Chap.  429. 


Sidewalks, 
curbstones,  etc. 


ABSessments. 


Main  drains 
and  common 
sewers. 


Eegiilation  of 
vehicles  used 
for  passengers 
or  freight. 


and  five,  one  hundred  and  six,  one  hundred  and  seven  and 
one  hundred  and  eight  of  chapter  forty-nine  of  the  Public 
Statutes,  or  any  acts  in  amendment  thereof.  No  way  in 
said  city  shall  hereafter  be  opened  for  public  travel  or 
dedicated  to  public  use  unless  its  location,  directions, 
widths  and  grades  are  satisfactory  to  and  have  been  ap- 
proved in  writing  by  the  board  of  aldermen. 

Section  24.  The  city  council  is  hereby  authorized  to 
appropriate,  set  ofl'  and  reserve  as  sidewalks,  such  parts 
of  any  streets  of  the  city  as  may  be  necessary  for  the  safety, 
convenience  and  accommodation  of  foot  passengers,  and 
permit  or  direct  posts  of  stone,  iron  or  wood,  or  trees,  to 
be  placed  along  the  edge  of  said  sidewalk,  to  protect  the 
same  or  the  passengers  travelling  thereon,  and  to  establish 

and  srade  sidewalks  and  set  curbstones  in  such  streets  in 

•  •  •  t 

said  city  as  the  public  convenience  may  require,  and  con- 
struct the  same  with  such  material  as  the  city  council  shall 
deem  expedient ;  and  shall  assess  the  expense  of  the  same 
upon  the  abutters  thereon.  All  assessments  so  made  shall 
be  a  lien  upon  the  abutting  lands,  in  the  same  manner  as 
taxes  are  a  lien  on  real  estate,  and  may  be  collected  in  the 
same  manner  as  taxes  on  real  estate  are  collected.  Side- 
walks when  constructed  shall  be  the  property  of  the  city, 
and  thereafter  shall  be  maintained  and  kept  in  repair  by 
the  city.  The  city  council  may  from  time  to  time  reestab- 
lish, grade,  reconstruct  and  repair  such  sidewalks  and 
curbstones,  and  any  sidewalks  and  curbstones  heretofore 
established  in  said  city. 

Section  25.  The  city  council  shall  have  the  power, 
whenever  they  shall  adjudge  it  to  be  necessary  for  the 
public  convenience  or  the  public  health,  to  cause  main 
drains  or  common  sewers  to  be  laid  through  any  street  or 
private  lands,  and  may  repair  the  same  whenever  neces- 
sary ;  and  the  city  shall  pay  the  owners  of  such  lands 
such  damages  as  they  may  sustain  by  the  laying  or  re- 
pairing of  said  main  drains  or  common  sewers,  to  be 
ascertained  in  the  same  manner  as  is  hereinbefore  pro- 
vided for  ascertaining  damages  in  the  laying  out  of  high- 
ways and  streets  ;  and  all  such  main  drains  or  common 
sewers  shall  be  the  property  of  the  city. 

Section  26.  The  city  council  may  make  and  establish 
necessary  ordinances  or  by-laws  for  the  purpose  of  pre- 
venting any  person,  without  first  obtaining  a  license  from 
the  board   of  aldermen,  from  setting  up,  employing  or 


Acts,  1893.  — Chap.  429.  1305 

using  any  hackney  coach,  job  wagon  or  other  carriage, 
for  the  conveyance  of  [)asscngers  or  freight  from  plice  to 
phice  in  the  city  for  liire,  and  for  the  puri)ose  of  establish- 
ing and  limiting  the  rates  and  prices  for  such  conveyance 
of  passengers;  and  also  for  the  inspection,  survey,  mcas-  inspection,  etc , 
urement  and  sale  of  lumber  of  every  description,  brick,  ^  "™  er,  etc., 
wood,  coal  and  bark  for  fuel,  brought  into  the  city  for 
sale,  and  for  the  regulation  of  carriages  in  the  streets  of 
the  city  ;  appoint  certain  suitable  places  in  the  streets  and 
squares  of  the  city  as  public  stands  for  wagons,  carts, 
sleds  and  carriages  of  every  description,  and  ordain  fit 
penalties,  not  exceeding  twenty  dollars,  for  the  breach  of 
any  of  the  ordinances,  rules  and  regulations  so  made  and 
established,  to  be  recovered  upon  complaint  of  any  officer 
or  other  inhabitant  of  the  city  before  the  police  court 
therein,  for  the  use  of  the  city.     The  city  council  shall  careand super. 

'  ^         J  J  ^  ^  intenclt'Dce  ol 

also  have  the  care  and  superintendence  of  the  public  build-  P"t'i>c  buiia- 
ings,  and  the  care,  custody  and  management  of  all  the 
property  of  the  city,  with  power  to  lease  or  sell  the  same 
and  to  purchase  property  in  the  name  and  for  the  use  of 
the  city,  whenever  its  interests  or  conveniences  may  re- 
quire.    It  shall  not  acquire   land  for  nor  authorize  the  Erection  of 
erection  of  a  schoolhouse,  or  any  addition  thereto  nor  pass  g°^°°'^*'"'"-'' 
any  appropriation  for  such  purpose  until  the  location  and 
plans  of  the  building  have  been  approved  by  vote  of  the 
school  committee,  and  such  approval  has  been  certified  in 
writing  to  the  city  council  by  the  secretary  of  said  com- 
mittee.    The  city  council  are  hereby  authorized  to  pur-  Pubuc  parks, 
chase  land,  to  be  laid  out  as  public  squares,  malls,  parks  ^"'' 
or  commons,  and  to  properly  lay  out,  enclose,  maintain, 
keep  and  ornament  the  same  or  any  now  owned  by  the 
city. 

Section  27.  [Form  One.]  The  board  of  overseers  overreersof 
of  the  poor  shall  consist  of  the  mayor,  who  shall  be  chair-  'P"'"- 
man  ex  officio,  and  one  citizen  from  each  ward,  to  be 
elected  by  the  legal  voters  thereof,  and  who  shall  not 
hold  any  elective  or  appointive  office  under  the  city  coun- 
cil. At  the  next  municipal  election  after  this  act  shall 
take  effect  the  legal  voters  of  each  ward  shall  choose  one 
of  their  number  to  be  a  member  of  said  board.  On  the 
first  Monday  of  January  next  following,  or  as  soon  there- 
after as  practicable,  said  board  of  overseers  shall  so  assign 
by  lot  the  terms  of  the  respective  members  so  elected  that 
the  terms  of  one  half  the  members  of  such  board  shall 


1306 


Acts,  1893.  — Chap.  429. 


Vacancies. 


Secretarj', 
sMperintendent, 


Overseers  of  the 
poor. 


expire  each  year  thereafter  ;  and  at  each  succeeding  an- 
nual municipal  election  the  legal  voters  of  each  ward,  the 
term  of  whose  representative  in  said  board  expires  at  the 
close  of  such  municipal  year,  shall  choose  a  member  of 
said  board  for  the  term  of  two  succeeding  municipal  years  : 
provided,  however,  that  if  in  any  year  of  a  new  division 
of  the  city  into  wards  the  number  of  the  wards  shall  be 
changed,  the  terms  of  office  of  all  the  overseers  of  the 
poor  shall  expire  at  the  end  of  the  municipal  year  in 
which  the  division  is  made,  and  at  the  municipal  election 
occurring  in  such  year  an  overseer  of  the  poor  shall  be 
elected  from  each  ward  under  such  new  division.  The 
board  of  overseers  of  the  poor  so  elected  shall  directly 
after  its  organization  so  assign  by  lot  the  terms  of  the 
respective  members  so  elected  that  the  terms  of  one  half 
the  members  of  the  board  so  elected,  as  near  as  may  be, 
shall  expire  each  year  thereafter.  In  case  of  a  vacancy  in 
said  board  the  city  council  shall  fill  such  vacancy  by  elect- 
ing a  citizen  from  the  ward  in  which  said  vacancy  exists, 
to  serve  for  the  remainder  of  the  municipal  year  in  which 
such  vacancy  occurs  ;  and  at  the  next  annual  municipal 
election  the  legal  voters  of  said  ward  shall  choose  a  mem- 
ber of  said  board  of  overseers  to  fill  any  unexpired  term. 
The  members  of  the  board  of  overseers  of  the  poor  shall 
be  sworn  to  the  faithful  discharge  of  their  duties,  and 
shall  serve  until  their  successors  are  chosen  and  qualified. 
They  may  appoint  a  secretary  and  superintendent  and 
such  other  subordinate  officers  as  the  ordinances  of  the 
city  may  require,  and  may  define  the  duties  of  said 
ofiicers  :  provided,  however,  that  the  compensation  of  said 
officers  shall  be  established  by  the  city  council.  Said 
board  shall  have  all  the  powers  heretofore  conferred  upon 
the  overseers  of  the  poor  of  the  city  of  Lowell,  by  any 
general  or  special  law,  and  all  the  powers  of  overseers  of 
the  poor  in  towns  ;  and  in  addition  thereto,  said  board 
shall  be  subject  to  such  regulations  as  the  city  council 
may  by  ordinance  establish. 

[Form  Two.]  The  board  of  overseers  of  the  poor  shall 
consist  of  the  mayor,  who  shall  be  chairman  ex  officio, 
and  six  other  citizens,  neither  of  whom  shall  hold  any 
other  elective  or  appointive  office  under  the  city  council, 
and  shall  be  chosen  by  concurrent  vote  of  the  city  council, 
in  the  month  of  January  in  each  year,  in  the  manner  fol- 
lowing, and  each  ward  of  the  city  shall  have  no  more  than 


Acts,  1893.  — Chap.  429.  1307 

one    representative    on    said    board.      In    the    month    of 

January  in  the  year  ei^rhteen  hundred   and  ninety-three 

three  citizens  shall  be  elected  to  serve  for  one  year  and 

thiee    for    two   years,    and    thereafter   in    the    month   of 

January  of  each  year  three  citizens  shall  be  elected  to 

serve  for  two  years  :   provided,  however,  that  if  in  any 

year  of  a  new  division  of  the  city  into  wards  the  number 

of  wards  shall  be  increased,  a  member  of  said  board  shall 

be  elected  for  each  new  ward,  to  serve  for  the  term  of  two 

years  as  hereinbefore  provided  for.      In  case  of  a  vacancy  vacancies. 

in  said  board  the  city  council  shall  fill  such  vacancy  by 

electing  a  citizen   from  the  ward  wherein  said    vacancy 

exists,   to  serve   for  the  remainder  of  said  term.      The 

members  of  the  board  of  overseers  of  the  poor  shall  be 

sworn  to  the  faithful  discharge  of  their  duties  and  shall 

serve    until    their    successors    are    chosen    and    qualified. 

They   may  appoint  a  secretary  and   superintendent   and  guperlntJAdent 

such  other  sul)ordinate  officers  as  the  ordinances  of  the  etc. 

city    ma}'    requiie,    and    may    define    the   duties   of  said 

officers:  provided,  however,  that  the  compensation  of  said 

officers   shall   be  established   by  the   city  council.     Said 

])oard  shall  have  all  the  powers  heretofore  conferred  upon 

the  overseers  of  the  poor  of  the  city  of  Lowell,  by  any 

general  or  special  law,  and  all  the  powers  of  overseers  of 

the  poor  in   towns ;  and  in  addition  thereto  said  board 

shall  be  subject  to  such  regulations  as  the  city  council 

may  by  ordinance  establish. 

Section  28.  The  persons  heretofore  elected  as  mem-  School  com- 
bers of  the  school  conmiittee  shall  continue  in  office 
according  to  the  tenure  thereof.  At  each  annual  election 
of  municipal  officers  hereafter,  the  qualified  voters  of  each 
ward  shall  elect  one  person,  being  an  inhabitant  of  said 
ward,  to  serve  as  a  member  of  the  school  committee  for 
the  term  of  two  municipal  years  from  the  first  Monday  of 
January  next  following  such  election.  The  school  com- 
mittee shall  be  the  final  judges  of  the  qualifications  and 
election  of  their  own  members.  If  the  number  of  wards 
shall  at  any  time  be  increased,  each  additional  ward  shall, 
at  the  next  annual  election  for  municipal  officers  there- 
after, elect  one  person  to  serve  as  a  member  of  the  school 
committee  for  the  term  of  one  municipal  year,  and  one 
j^erson  to  serve  for  the  term  of  two  municipal  years,  from 
the  first  Monday  of  January  next  following  such  election. 
The  mayor  and  president  of  the  common  council,  together  Members. 


1308 


Acts,  1893.  — Chap.  429. 


Vacancies. 


Fire  depart- 
ment. 


with  the  persons  elected  as  aforesaid,  shall  constitute  the 
school  committee  of  Lowell,  and  shall  have  all  the  powers 
vested  in  school  committees  by  the  general  laws  of  the 
Commonwealth  or  any  special  law  for  the  city  of  Lowell. 
A  majority  of  the  persons  duly  elected  shall  constitute  a 
quorum  for  the  transaction  of  business,  and  the  mayor 
may  preside  at  all  meetings  of  the  school  committee.  It 
shall  be  the  duty  of  the  school  committee  to  exercise  the 
same  supervision  and  control  over  any  institution  of  in- 
struction and  house  of  reformation  established  by  the  city 
council  as  they  are  by  law  required  to  exercise  over  the 
public  schools,  as  far  as  practicable.  Whenever  any  per- 
son elected  a  member  of  the  school  committee  shall  die, 
remove  from  the  city,  or  refuse  in  writing,  addressed  to 
the  boaid  of  aldermen  for  the  time  being,  to  accept  the 
office,  before  entering  upon  the  duties  thereof,  the  board 
of  aldermen  shall  make  a  record  of  the  fact,  and  there- 
upon issue  their  warrant  for  an  election  to  fill  such  vacancy, 
to  be  held  at  such  time  as  they  shall  deem  advisable.  In 
case  of  a  vacancy  in  the  office  of  a  member  of  the  school 
committee  the  maj^or  shall  call  a  joint  convention  of  the 
board  of  aldermen  and  of  the  school  committee,  at  which 
the  chairman  of  the  board  of  aldermen  shall  preside, 
and  such  vacancy  shall  by  vote  of  a  majority  of  all  the 
members  of  the  two  bodies  be  filled  by  the  election  of  a 
member  from  the  ward  in  which  the  vacancy  exists,  to 
serve  until  the  end  of  the  current  municipal  year ;  at  the 
next  municipal  election  the  further  vacancy,  if  any,  shall 
be  tilled  for  the  remainder  of  the  unexpired  term  in  the 
same  manner  as  the  member  whose  office  is  vacant  was 
elected. 

Section  29.  The  city  council  may  establish  a  fire 
department,  to  consist  of  a  chief  engineer  and  as  many 
assistant  engineers,  enginemen,  hosemen,  hook  and  ladder 
men  and  hydrant  men,  to  be  divided  into  companies,  as 
the  city  council  by  ordinance  shall  from  time  to  time 
prescribe;  and  said  city  council  may  make  provisions  in 
regard  to  the  time  and  mode  of  appointment  and  the 
occasion  and  mode  of  removals  of  said  officers  or  mem- 
bers, and  define  their  offices  and  duties,  and  in  general 
may  make  such  regulations  concerning  their  pay,  conduct 
and  government,  and  concerning  the  management  and  con- 
duct of  fires,  and  persons  attending  fires,  subject  to  all  pen- 
alties provided  for  breach  of  city  ordinances,  as  they  shall 


Acts,  1893.  — Chap.  429.  1309 

deem  expedient  :  provided,  that  the  appointment  of  chief  ^''{Jfayo^aud 
enpfineer,  assistant  engineers,  enginemen,  hosemen,  hook  awermen. 
and  ladder  men  and  hydrant  men,  shall  be  made  by  the 
mayor  and  aldermen  exclusively.  The  engineers  and 
other  officers  of  the  fire  department  so  appointed  shall 
have  the  same  authority  in  regard  to  the  prevention  and 
extinguishment  of  tires  and  the  performance  of  the  other 
offices  and  duties  now  incumbent  upon  tirewards  as  are 
now  conferred  upon  fire  wards  by  general  laws,  and  the 
compensation  of  the  fire  department  shall  be  fixed  by  the 
city  council. 

Section  30.     [Form  One.]     All  officers  of  said  city  officers  not 
not  herein  provided  for  shall  be  elected  for  such  terms  as  vidld'for'!  ^'° 
the  city  council  shall  direct,  and  shall  be  nominated  by  the 
mayor,  subject  to  confirmation  or  rejection  by  the  board 
of  aldermen. 

[Form  Two.]  All  officers  of  said  city  not  herein  pro- 
A'ided  for  shall  be  elected  in  such  manner  and  for  such 
terms  as  the  city  council  may  direct. 

Section  31.  Every  ordinance,  order,  resolution  or  ordinancp, 
vote  to  which  the  concurrence  of  the  board  of  aldermen  voiv^nJ"a'n"ex. 
and  of  the  common  council  may  be  necessary,  except  on  ^^one'y"e*tc/ 
the  question  of  a  convention  of  the  two  branches,  and 
every  order  of  either  branch  involving  the  expenditure  of 
money  or  aflecting  the  public  interests,  shall  be  presented 
to  the  mayor.  If  he  approve  thereof  he  shall  signify  his 
approval  by  signing  the  same,  but  if  he  does  not  approve 
thereof  he  shall  return  the  same  with  his  objections  in 
writing  to  the  branch  in  which  it  originated.  Such 
branch  shall  cause  the  objections  of  the  mayor  to  be 
entered  at  length  upon  its  records  and  shall  proceed  to 
reconsider  said  ordinance,  order,  resolution  or  vote,  and 
if  after  such  reconsideration  two  thirds  of  the  members 
of  said  branch  present  and  voting  shall  vote  to  pass  the 
same,  notwithstanding  such  objections,  it  shall  be  in 
force,  unless  it  originally  required  concurrent  action,  in 
which  case  it  shall,  together  with  the  objections  of  the 
mayor,  be  sent  to  the  other  branch  of  the  city  council, 
where  it  shall  also  be  reconsidered,  and  if  it  be  approved 
by  two  thirds  of  the  members  of  such  other  branch  present 
and  voting,  it  shall  likewise  be  in  force,  but  in  all  cases 
the  vote  thereon  shall  be  taken  by  yeas  and  nays.  If 
any  such  ordinance,  order,  resolution  or  vote  shall  not  be 
returned  by  the  mayor  to  the  branch  in  which  it  origi- 


1310  Acts,  1893.  — Chap.  429. 

nfitetl,  within  ten  days  after  it  shall  have  been  presented 
to  him,  the  same  shall  be  in  force  :  provided^  Jioicever, 
that  if  any  such  ordinance,  order,  resolution  or  vote  shall 
have  been  passed  by  the  city  council  within  five  days  next 
preceding  the  expiration  of  the  term  of  office  of  said  city 
council,  and  shall  not  be  approved  of  by  the  mayor,  the 
same  shall  be  void.  The  mayor  may  except  from  his 
approval  of  any  ordinance,  order,  resolution  or  vote  which 
he  has  the  power  to  veto,  any  portion  involving  a  distinct 
item  of  expenditure.  In  such  case  instead  of  returning 
the  original  he  shall  transmit  a  copy  of  such  portion  not 
approved,  which  portion  shall  be  reconsidered  in  the 
manner  and  with  the  effect  herein  provided  for.  No 
contract  shall  bind  the  city  to  the  expenditure  of  a  sum 
exceeding  five  hundred  dollars  unless  the  same  be  in 
writing,  executed  and  approved  by  the  mayor  on  behalf 
of  the  city  :  provided,  however,  that  this  clause  shall  not 
apply  to  specific  contracts  made  in  pursuance  of  a  special 
vote  of  the  city  council  or  either  branch  thereof,  passed 
in  conformity  to  the  requirements  of  this  section. 
Repeal.  Section  32.     Chapter  one  hundred  and  twenty-eight 

of  the  acts  of  the  year  eighteen  hundred  and  thirty-six, 
chapter  one  hundred  and  eighty-one  of  the  acts  of  the 
year  eighteen  hundred  and  thirty-eight,  chapter  one  hun- 
dred and  twenty  of  the  acts  of  the  year  eighteen  hundred 
and  forty-one,  chapter  two  hundred  and  three  of  the  acts 
of  the  year  eighteen  hundred  and  forty-five,  chapter 
thirty-five  of  the  acts  of  the  year  eighteen  hundred  and 
forty-six,  chapter  eighty-two  of  the  acts  of  the  year 
eighteen  hundred  and  forty-seven,  chapter  one  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  forty-nine,  chapter  three  hundred  and  twenty  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-one,  chapter 
two  hundred  and  seven  of  the  acts  of  the  year  eighteen 
hundred  and  fifty-six,  chapter  one  hundred  and  eighty-two 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-one, 
chapter  one  hundred  and  forty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  seventy,  chapter  two  hundred 
and  forty-five  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-four,  chapter  one  hundred  and  seventy-three  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-five 
and  chapter  one  hundred  and  thirty-eight  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-nine,  and  all  other 
acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 


Acts,  1893.  — Chap.  429. 


1311 


repealed  ;  but  such  repeal  shall  not  revive  any  act  hereto- 
fore repealed,  nor  shall  the  repeal  of  said  acts  or  the 
annulling  of  ordinances  inconsistent  herewith  affect  any 
act  done,  liability  incurred,  or  any  right  accrued  or 
established,  or  any  suit  or  prosecution,  civil  or  criminal, 
to  enforce  any  right  or  penalty  or  punish  any  oflence 
under  the  authority  of  said  ordinances. 

Section  33.     The  mayor  and  aldermen  of  the  city  of  Tobeeui.mitted 

.        ,  .    *^  1  •  f>  >'  to  voters  withiu 

Lowell  shall  submit  this  act,  as  hereinbefore  set  forth,  to  one  year. 
the  qualified  voters  of  the  city  of  Lowell  at  a  special  or 
annual  election  to  be  held  within  one  year  from  its  pas- 
sage. At  such  election  the  vote  shall  be  taken  by  ballot 
in  accordance  with  the  provisions  of  law  relating  to  elec- 
tions in  cities,  so  far  as  the  same  shall  be  applicable,  in 
answer  to  the  following  propositions,  which  shall  be  set 
forth  in  said  ballot  in  the  following  form  :  — 

(Mark  a  cross  ojiposite  the  answer  you  wish  to  give.) 

(1.)  Shall  the  city  charter  be  revised  in  ac- 
cordance with  an  act  of  the  general  court  of  the 
year  eighteen  hundred  and  ninety-three,  enti- 
tled, "  An  act  to  revise  the  charter  of  the  city  of  Lowell"? 

(2.)  Shall  the  mayor  have  the  power  to  suspend  for 
seven  days  any  officer  not  elected  by  the  people,  except 
the  principal  assessors,  the  city  clerk  and  assistant,  the 
city  treasurer,  auditor,  messenger,  solicitor  and  those  ap- 
pointed by  the  school  committee  ? 

(i/"  he  may  so  suspend  ansiuer  yes  ;  if    yes 
not  answer  no  )       .         .  .  .  .     no. 


YES. 

KO. 

Form  of  ques- 
tions. 


(3.)  Shall  the  city  clerk  be  chosen  by  the  mayor  anc 
aldermen  instead  of  by  concurrent  action  of  the  city 
council  ? 

{Tf  by  the  mayor  and  aldermen  ansiver 
if  by  the  city  council  answer  no.) 


YES 


(4.)  Shall  the  city  treasurer  be  chosen  by  the  mayor 
and  aldermen  instead  of  by  concurrent  vote  of  the  city 
council? 

{If  by  the  mayor  and  aldermen  ansicer    yes. 
YES;  if  by  the  city  council  ansiver  no.)      .   I  mo. 
(5.)    Shall    the   assessors    and    assistant    assessors 


be 


chosen  by  the  mayor  and  aldermen  instead  of  in  the  man- 
ner the  city  council  may  direct? 

{If  by  the  mayor  and  aldermen  answer 
yes;  if  not  answer  'SO.)   .... 


YES. 

NO. 

1312  Acts,  1893.  — Chap.  429. 

(G.)    Shall  the  overseers  of  the  poor  be  chosen  by  the 
people,  by  wards,  instead  of  by  the  city  council? 

{If  the  people  are  to  choose  them  answer  [yes 
yes;  if  the  city  council  ansiver  no.) 


YES. 

NO. 

(7.)    Shall  all  other  officers  of  the  city  not  elected  by 
the  people  be  chosen  by  the  mayor  and  aldermen  instead 
of  in  the  manner  the  city  council  may  direct? 
(If  by  the  mayor  and  alderrnen  answer 
yes;  if  not  answer  i^o.)  .... 
Questions  to  be       jf  ^  maioritv  of  the  qualified  voters  of  such  city  voting 

deterniined  by  i        i  •  i      n  •    •  c      i 

majority  vote,  at  such  elcctiou  shall  SO  couscut  to  such  a  revision  of  the 
city  charter  then  the  charter  of  such  city  shall  conform  to 
and  be  as  hereinafter  set  forth  and  as  determined  by  the 
vote  upon  the  optional  provisions.  If  the  larger  number 
of  votes  upon  the  second  proposition  shall  be  in  the 
affirmative  then  section  fifteen  shall  be  applicable  and  take 
eflect  in  said  city  in  the  form  numbered  one  of  said  section 
as  herein  set  forth  ;  but  if  the  larger  number  of  votes  upon 
said  proposition  shall  be  in  the  negative  then  the  said  sec- 
tion shall  take  eflect  and  be  applicable  in  the  form  thereof 
numbered  two.  If  the  larger  number  of  votes  upon  the 
third  proposition  shall  be  in  the  affirmative  then  section 
seventeen  shall  be  applicable  and  take  effect  in  said  city  in 
the  form  numbered  one  of  said  section  as  herein  set  forth  ; 
but  if  the  larger  number  of  votes  upon  said  proposition  shall 
be  in  the  negative  then  the  said  section  shall  take  effect  and 
be  applicable  in  the  form  thereof  numbered  two.  If  the 
larger  number  of  votes  upon  the  fourth  proposition  shall  be 
in  the  affirmative  then  section  eighteen  shall  be  applicable 
and  take  effect  in  said  city  in  the  form  numbered  one  of  said 
section  as  herein  set  forth  ;  but  if  the  larger  number  of 
votes  upon  said  proposition  shall  be  in  the  negative  then 
the  said  section  shall  take  effect  and  be  applicable  in  the 
form  thereof  numbered  two.  If  the  larger  number  of 
votes  upon  the  fifth  proposition  shall  be  in  the  affirmative 
then  section  twenty-two  shall  be  applicable  and  take  effect 
in  said  city  in  the  form  numbered  one  of  said  section  as 
herein  set  forth ;  but  if  the  larger  number  of  votes  upon 
said  proposition  shall  be  in  the  negative  then  the  said  sec- 
tion shall  take  effect  and  be  applicable  in  the  form  thereof 
numbered  two.  If  the  larger  number  of  votes  upon  the 
sixth  proposition  shall  be  in  the  affirmative  then  section 
twenty-seven  shall  be  applicable  and  take  effect  in  said 
city  in  the  form  numbered  one  of  said  section  as  herein  set 


Acts,  1893.  — Chap.  429.  1313 

forth  ;  l)ut  it"  the  larger  number  of  votes  upon  said  propo- 
sition shall  be  in  the  negative  then  the  said  section  shall 
take  eflect  and  be  applicable  in  the  form  thereof  numbered 
two.  If  the  larger  number  of  votes  upon  the  seventh 
proposition  shall  be  in  the  affirmative  then  section  thirty 
shall  be  applicable  and  take  eflect  in  said  city  in  the  form 
numbered  one  of  said  section  as  herein  set  forth  ;  but  if 
the  larger  number  of  votes  upon  said  proposition  shall  be 
in  the  negative  then  the  said  section  shall  take  eflect  and  be 
a[)plicable  in  the  form  thereof  numbered  two.  In  case  of 
an  equal  number  of  votes,  or  a  failure  to  vote  upon  either 
the  second,  third,  fourth,  fifth,  sixth  or  seventh  proposi- 
tion, the  proposition  in  such  case  shall  be  held  to  be 
answered  in  the  affirmative. 

Section  34.     The  mayor  and  aldermen  shall  forthwith  Return  of  votes. 
make  return  of  the  votes  cast  under  the  several  proposi- 
tions to  the  secretary  of  the  Commonwealth.     If  it  shall  Copyofchar- 

1  ••PI  r    1  •  /-T  tertobesent 

appear  that  a  majority  of  the  voters  oi  the  city  ot  Lowell,  tocitycierk. 
voting  upon  the  first  proposition,  have  voted  in  favor  of 
such   revision  of  the  charter  of  the  city  of  Lowell,  as  in 
said  first  proposition  set  forth,  then  the  secretary  of  the 
Commonwealth  shall  cause  a  copy  of  the  provisions  of  the 
revised  charter,  in  the  form  in  which  it  has  been  consented 
to  by  vote  of  the  qualified  voters  of  said  city  in  response 
to  the  second,  third,  fourth,  fifth,  sixth  and  seventh  prop- 
ositions, to  be  properly  engrossed  and  attested  and  deliv- 
ered to  the  city  clerk  of  said  city.     The  revised  charter.  Revised  char- 
as  so  consented  to,  shall  constitute  the  powers,  privileges  |fo^ver8?prV^"*° 
and  immunities  to  be  in  force  and  effect  for  the  govern-  'eges,  etc., of 

~  city. 

ment  of  such  city  to  the  extent  and  in  the  manner  in  the  sev- 
eral sections  thereof  set  forth.  The  secretary  of  the  Com-  Publication. 
monwealth  shall  cause  to  be  printed  in  one  or  more  new^s- 
papers  published  in  said  cit}^  the  official  notification  of  the 
result  of  the  votes  given  as  aforesaid,  an*l  a  statement  of 
his  delivery  of  a  copy  of  the  revised  charter  as  consented 
to  in  accordance  with  the  aforesaid  requirements.  He  shall 
likewise  cause  a  copy  of  the  revised  charter,  so  consented 
to,  to  be  printed  in  connection  with  the  acts  and  resolves 
of  the  general  court  of  the  next  succeeding  year. 

Section  35.     The  city  clerk  of  said  city  shall,  not  less  copy  of  act 
than  one  week  before  the  election  at  which  this  act  is  sub-  vot^eM*.*^"* '° 
mitted  to  the  people,   transmit  by  mail  or  otherwise  to 
every  registered  voter  in  said  city,  a  copy  of  this  act. 

Section  36.     So  much   of  this  act  as  authorizes   the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the  voters  '^^*'^'' 


1314 


Acts,  1893.  — Chaps.  430,  431. 


ChapA^O 


Assessors,  ap- 
pointmeat. 


RemovaU, 
vacancies,  etc. 


Repeal. 


Subject  to 
acceptance  by 
majority  vote. 


of  said  city  shall  take  effect  upon  its  passage.  If  this  act 
shall  be  accepted  in  manner  aforesaid  it  shall  take  effect 
for  the  election  of  municipal  officers  at  the  annual  munici- 
pal election  on  the  first  Tuesday  of  December  next  after 
its  acceptance,  and  for  all  other  purposes,  except  as  above- 
specified,  it  shall  take  effect  at  the  beginning  of  the  munic- 
ipal year  in  January  next  following  its  accei)tance. 

Approved  Jane  6,  1893. 

An  Act  relative  to  the  appointment  of  assessors  for  TiiE 

CITY   OF  new   BEDFORD. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Annually  in  the  month  of  January  the 
mayor  of  the  city  of  New  Bedford  shall  appoint,  subject 
to  the  confirmation  of  the  city  council  of  said  city  sitting 
in  joint  convention,  one  person  to  be  assessor  at  large,  to 
hold  office  for  three  years  from  the  first  day  of  February 
in  the  year  in  which  such  person  is  appointed  and  until 
his  successor  is  appointed  and  qualified  in  his  stead.  The 
mayor  with  the  consent  of  the  city  council  may  at  any 
time  remove  any  assessor.  Whenever  any  vacancy  shall 
occur  by  death,  resignation,  removal  or  otherwise,  in  the 
office  of  any  assessor,  said  vacancy  shall  be  filled  by  ap- 
pointment, in  the  manner  aforesaid,  of  another  assessor, 
who  shall  hold  office  for  the  residue  of  the  unexpired  term 
and  until  his  successor  is  appointed  and  qualified  in  his 
stead. 

Section  2.  All  provisions  of  law  relating  to  the  elec- 
tion of  assessors  at  large  in  the  city  of  New  Bedford,  and 
inconsistent  herewith,  are  hereby  repealed. 

Section  3.  This  act  shall  be  submitted  to  the  quali- 
fied voters  of  said  city  for  acceptance  at  the  next  annual 
municipal  election  held  therein,  and  if  accepted  by  a 
majority  of  said  voters  present  and  voting  thereon  at  said 
election  it  shall  take  effect  from  the  date  of  such  acceptance. 

Approved  June  9,  1893. 


ChajpASl 


Clerical  assist- 
auce. 


An  Act  relating  to  clerical  assistance  in  the  office  of 
tiie  register  of  probate  and  insolvency  for  the  county 
of  suffolk. 

Be  it  enacted,  etc. ,  as  follows : 

Section  I.     The  register  of  probate  and  insolvency  for 
the  county  of  Sufiblk  shall  be  allowed,  in  addition  to  the 


Acts,  1893.  — Chaps.  432,  433.  1315 

amount  now  allowed  by  law,  such  sums  as  the  board  of 
aldermen  by  vote  approve,  for  clerical  assistance  actually 
performed,  to  be  paid  from  the  treasury  of  the  county  of 
Sullbllv  upon  the  otiicial  certificate  of  said  register,  coun- 
tersigned by  the  judge  of  probate  and  insolvency  for  said 
county. 

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

Approved  June  9,  1893. 


ChapAm 


An  Act  kelative  to  the  collection  of  taxes  on  collateral 
legacies  and  successions. 

Be  it  enacted,  etc. ,  as  foUoivs : 

Section    1.      The   treasurer   and    receiver   general    is  Extra  clerical 
authorized  to  expend  a  sum  not  exceeding  one  thousand  offic^'oTueas- 
dollars  annually,  for  extra  clerical  assistance  in  the  assess-  cefver"glnerai. 
ment  and  collection  of   taxes  on  collateral  legacies  and 
successions,  under  chapter  four  hundred  and  twenty-live 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-one ; 
and  he  may,  if  he  deems  it  best  so  to  do,  assign  such  por- 
tions of  the  work  as  can  be  performed  by  that  officer  with- 
out detriment  to  the  public  service,  to  the  deputy  sealer 
of  weights  and  measures,  to  whom  such  comj)ensation,  in 
addition  to   his   salary  of  deputy  sealer  of  weights   and 
measures,  as  the  treasurer  and  receiver  general  may  deem 
proper,  may  be  paid  from  the  amount  herein  authorized  to 
be  expended. 

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

Approved  June  9,  1893. 


ChapASS 


An  Act  to   authorize   the   town   of   melrose  to   make   an 
additional  water  loan. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1 .     The  town  of  Melrose,  for  the  purpose  of  Meirose  water 

.  T  1    .  .  .^  J  /•  J  1  Loan,  Act  of 

extendmg  and  improving  its  system  of  water  works,  may  isqs. 
issue  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
fifty  thousand  dollars  in  addition  to  the  amount  which  it 
is  now  authorized  to  issue.  Such  bonds,  notes  and  scrip 
shall  bear  on  their  face  the  words,  Melrose  Water  Loan, 
Act  of  1893  ;  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  cent,  per  annum,  and  shall  be  signed  by  the 
treasurer  and  be  countersigned  by  the  water  commission- 


1316 


Acts,  1893.  — Chap.  434. 


1887,  2U,  §73, 
1892,  372, 
amended. 


ers  of  said  town.  Said  town  may  sell  such  securities  at 
public  or  private  sale,  but  none  of  said  bonds,  notes  or 
scrip  shall  be  issued  or  sold  except  in  compliance  with  a 
vote  of  the  town. 

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

Approved  June  9,  1893. 

ChcipA34L  An  Act  requiring  a  copy  of  the  application  to  be  attached 

TO   INSURANCE   POLICIES   IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seventy-three  of  chapter  two  hun- 
dred and  fourteen  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  as  amended  by  chapter  three  hundred  and 
seventy-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two  is  hereby  amended  by  inserting  in  the  twenty- 
ninth  line  thereof,  after  the  word  "misleading",  the  fol- 
lowing words  :  —  and  provided,  further,  that  every  policy 
which  contains  a  reference  to  the  application  of  the  insured, 
either  as  a  part  of  the  policy  or  as  having  any  bearing 
thereon,  must  have  attached  thereto  a  correct  copy  of  the 
application,  and  unless  so  attached  the  same  shall  not  be 
considered  a  part  of  the  policy  or  received  in  evidence. 
Each  application  for  such  policy  shall  have  printed  upon 
it  in  large  bold  faced  type  the  following  words  :  —  Under 
the  laws  of  Massachusetts,  each  applicant  for  a  policy  of 
insurance  to  be  issued  hereunder  is  entitled  to  be  fur- 
nished with  a  copy  of  this  application  attached  to  any 
policy  issued  thereon,  — so  as  to  read  as  follows  :  —  Sec- 
tion 73.  When  a  policy  of  insurance  is  effected  by  any 
person  on  his  own  life,  or  on  another  life  in  favor  of  some 
person  other  than  himself  having  an  insurable  interest 
therein,  the  lawful  beneficiary  thereof,  other  than  himself 
or  his  legal  representatives,  shall  be  entitled  to  its  pro- 
ceeds, against  the  creditors  and  representatives  of  the  per- 
son effecting  the  same :  provided,  that,  subject  to  the 
statute  of  limitation,  the  amount  of  any  premiums  for  said 
insurance  paid  in  fraud  of  creditors,  with  interest  thereon, 
shall  inure  to  their  benefit  from  the  proceeds  of  the  policy  ; 
but  the  company  issuing  the  policy  shall  be  discharged  of 
all  liability  thereon  by  payment  of  its  proceeds  in  accord- 
ance with  its  terms,  unless,  before  such  payment,  the  com- 
pany shall  have  written  notice  by  or  in  behalf  of  some 
creditor,  with  specification  of  the  amount  claimed,  claiming 
to  recover  for  certain  premiums  paid  in  fraud  of  creditors. 


Rights  of  cred- 
itors and  benefi 
ciary. 


Proviso. 


Acts,  1893.  — Chap.  434.  1317 

In  any  claim  arisins:  under  a  policy  which  has  been  issued  >vhen  policy  is 

,,  .       ^  o  ,    ,       ,  *  ,V^       .  issued  without 

in  this  Commonwealth  by  any  lire  insurance  company,  meuicai examu 
without  previous  medical  examination,  or  without  the  meiu°etc!?to 
knowledge  and  consent  of  the  insured,  or,  in  case  said  in-  uruding.""** 
sured  be  a  minor,  without  the  consent  of  the  parent,  guar- 
dian or  other  person  having  legal  custody  of  said  minor, 
the  statements  made  in  the  application  as  to  the  age,  phys- 
ical condition  and  family  history  of  the  insured  shall  be 
held  to  be  valid  and  binding  upon  the  company  '.provided.  Proviso. 
hoicever,  that  the  company  shall  not  be  debarred  from 
proving  as  a  defence  to  such  claim  that  said  statements 
were  wilfully  false,  fraudulent,  or  misleading;  and  ^wo-  copyofappH- 
vided,  further,  that  every  policy  which  contains  a  reference  auachJd  to^er- 
to  the  application  of  the  insured,  either  as  a  part  of  the  'am  policies, 
policy  or  as  having  any  bearing  thereon,  must  have  at- 
tached thereto  a  correct  copy  of  the  application,  and  unless 
so  attached  the  same  shall  not  be  considered  a  part  of  the 
policy  or  received  in  evidence.  Each  application  for  such 
policy  shall  have  printed  upon  it  in  large  bold  foced  type 
the  following  words  :  —  Under  the  laws  of  Massachusetts, 
each  applicant  for  a  policy  of  insurance  to  be  issued  here- 
under is  entitled  to  be  furnished  with  a  copy  of  this  appli- 
cation attached  to  any  policy  issued  thereon.  Any  solicitor,  penalties. 
agent,  examining  physician  or  other  person  who  shall 
knowingly  or  wilfully  make  any  false  or  fraudulent  state- 
ment or  representation  in  or  with  reference  to  any  appli- 
cation for  insurance,  or  who  shall  make  any  such  statement 
for  the  purpose  of  obtaining  any  fee,  commission,  money 
or  benefit  in  any  corporation  transacting  business  under 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars,  or  imprisonment 
in  the  county  jail  for  not  less  than  thirty  days  nor  more 
than  one  year,  or  both,  at  the  discretion  of  the  court ;  and 
any  person  who  shall  wilfully  make  a  false  statement  of 
any  material  fact  or  thing  in  a  sworn  statement  as  to  the 
death  or  disability  of  a  policy  or  certificate  holder  in  any 
such  corporation,  for  the  purpose  of  procuring  payment 
of  a  benefit  named  in  the  certificate  of  such  holder,  shall 
be  guilty  of  perjury,  and  shall  be  proceeded  against  and 
punished  as  provided  by  the  statutes  of  the  Common- 
wealth in  relation  to  the  crime  of  perjury. 

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

Ap2n-oved  June  9,  1893. 


1318 


Acts,  1893.  — Chap.  435. 


sea  wall  and 
extension  of 
Charles  river 
embankment. 


Oh(XV-4:35  ^  -^^^  ^^  RELATION  TO  THE  CONSTRUCTIOX  OF  A  SEA  WALL  AND 
THE  EXTENSION  OF  THE  CHARLES  RIVER  EMBANKMENT  BY  THE 
CITY   OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows : 

1891,344,  §1,  Section  1.     Section  one  of  chapter  three  hundred  and 

forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  inserting  at  the  end  of 
said  section  the  words  :  —  to  a  point  one  hundred  feet  or 
less  distant  from  said  sea  wall  in  the  rear  of  Beacon  street ; 
thence  by  a  line  parallel  with  said  wall  to  the  westerly 
line  of  the  public  park  of  said  city,  known  as  the  Back 
Bay  fens,  extended  to  intersect  said  line  parallel  with  said 

Construction  of  sea  Wall,  —  SO  as  to  read  as  follows:  —  Section  I.  The 
city  of  Bostoa  may,  by  its  board  of  park  commissioners, 
build  a  sea  wall  on  the  Boston  side  of  the  Charles  river 
from  the  sea  wall  of  its  present  park,  situated  between 
Craigie's  bridge  and  West  Boston  bridge,  to  the  sea  wall 
of  said  river  in  the  rear  of  Beacon  street  in  said  city,  on 
or  within  the  following  lines  :  Beginning  at  a  point  in  the 
southwest  corner  of  the  stone  wall  of  the  Charles  river 
embankment,  or  Charlesbank,  thence  running  southerly 
by  a  straight  line  to  a  point  in  Charles  river  three  hundred 
feet  distant  westerly  from  the  harbor  commissioners'  line, 
measuring  on  a  line  perpendicular  to  the  said  commis- 
sioners' line  at  it«  intersection  with  the  southerly  line  of 
Mount  Vernon  street ;  thence  continuing  southerly  and 
westerly  from  the  aforesaid  perpendicular  line,  on  such 
lines  curved  southerly  and  westerly  from  the  aforesaid 
straight  line,  as  said  board  of  harbor  and  land  commis- 
sioners shall  approve,  to  a  point  one  hundred  feet  or  less 
distant  from  said  sea  wall  in  the  rear  of  Beacon  street ; 
thence  by  a  line  parallel  with  said  wall  to  the  westerly 
line  of  the  public  park  of  said  city,  known  as  the  Back 
Bay  fens,  extended  to  intersect  said  line  parallel  with  said 
sea  wall. 

Section  2.  Section  five  of  chapter  three  hundred  and 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  inserting  at  the  end  of 
said  section  the  words  :  —  and  the  said  city  of  Boston  is 
hereby  authorized  to  make  any  contracts  with  the  riparian 
owners  and  any  other  parties  as  to  the  building  of  the  sea 
wall,  the  filling  of  said  flats,  and  the  future  use  thereof 
when  filled,  subject  to  the  express  condition  that  the  flats 


1891,  344,  §5, 
amended. 


Acts,  1893.  — Chap.  435.  1319 


filled  under  the  authority  hcrehy  <2:ranted  shall  not  be 
used  for  building  purposes,  or  for  any  other  purpose  than 
for  public  ornamental  grounds  and  a  park  way,  —  so  as  to 
read  as  follows:  —  Section  5.  Any  person  whose  lands,  Rights  and 
flats  or  rights  are  taken  under  authority  of  this  act  shall  lanrfs,  eu;. °' 
have  the  same  rights  and  remedies  in  obtaining  damages  tracu.et". 
for  such  taking  as  persons  injured  by  the  taking  of  their 
lands  for  highways  in  said  city,  except  as  above  provided  ; 
and  the  said  city  of  Boston  is  hereby  authorized  to  make 
any  contracts  with  the  riparian  owners  and  any  other 
parties  as  to  the  building  of  the  sea  wall,  the  filling  of 
said  flats,  and  the  future  use  thereof  when  filled,  subject 
to  the  express  condition  that  the  flats  filled  under  the 
authority  hereby  granted  shall  not  be  used  for  building 
purposes,  or  for  any  other  purpose  than  for  public  orna- 
mental grounds  and  a  park  way. 

Section  3.     The  material  used  for  the  fillins:  authorized  Gradina;,  dredg- 

'  iiig,  etc.,  under 

by  said  chapter  shall,  to  such  grade  as  shall  be  required  direction  of 

by   the    board    of    harbor   and    land    commissioners,    be  commissioDe'rs. 

dredged  from  Charles  river  basin,  in  such  places  and  to 

such  depths  as  the  said  board,  having  due  regard  to  the 

requirements    of  navigation,     the    improvement    of  said 

basin  and  the  quality  of  material  suitable  for  such  filling, 

shall  from  time  to  time  prescribe.     The  said  city  shall,  in 

addition    to    the    said    dredging    of  material    for   filling, 

dredge   from   the   said   river,   in  such  phices  as  the  said 

board  may  designate,  an  amount  of  material  between  the 

planes  of  mean  high  and  mean  low  water  wdiich,  with  the 

material  excavated  between  said  planes  for  said   filling, 

shall  equal  the  amount  of  tide  water  displaced  by  all  the 

tilling  done  under  authority  of  this  act.      Said  board  may 

in  their  discretion  accept,  in  lieu  of  any  portion  of  said 

dredging  between  said  planes  of  high  and   low    water, 

other  dredging  or  excavation  in  the  said  river  which  in 

their  judgment  is  an  equal  improvement  to  the  harl)or  of 

Boston.     All    of  the    filling,    dredging   and   other  work 

authorized  or  required  by  this  act  shall  be  subject  to  the 

direction  and  approval  of  said  board  and  to  the  provisions 

of  all  general  laws  applicable  thereto.     The  filling,  drerlg-  Subject  to 

ing  and  other  work  authorized  by  this  act  shall  also  be  eecVe'tary  of 

subject  to  the  approval  of  the  secretary  of  war  and  to  all  ^'''^etc. 

laws  of  the  United  States  apj)licable  thereto. 

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

Approved  Jane  9,  1893. 


1320 


Acts,  1893.  — Chaps.  436,  437. 


1S85,  316,  §1, 
amended. 


0Jiap,4:SQ  -^^     -^^^     RELATIVE     TO     DISCRIMINATIONS     IN     PUBLIC    PLACES     ON 

ACCOUNT   OF  RACE  OR  COLOR. 

Be  it  enacted,  etc.,  as  fulloios : 

Section  one  of  chapter  three  hundred  and  sixteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-five  is 
hereby  amended  by  striliing  out  in  the  eighth  line,  before 
the  word  "  inn  ",  the  word  "  or  ",  and  by  inserting  in  the 
same  line,  after  the  word  "inn",  the  words:  —  l3;irber's 
shop  or  other  public  place  kept  for  hire,  gain  or  reward, 
—  so  as  to  read  as  follows:  —  Section  1.  Whoever 
makes  any  distinction,  discrimination  or  restriction  on 
account  of  color  or  race,  or  except  for  good  cause  in 
respect  to  the  admission  of  any  person  to,  or  his  treat- 
ment in,  any  theatre,  skating  rink  or  other  public  place 
of  amusement,  whether  such  theatre,  skating  rink  or  place 
be  licensed  or  not,  and  whether  it  be  required  to  be 
licensed  or  not,  or  public  conveyance,  public  meeting, 
inn,  barber's  shop  or  other  public  place  kept  for  hire, 
gain  or  reward,  whether  licensed  or  not  licensed,  shall  be 
punished  by  fine  not  exceeding  one  hundred  dollars. 

Approved  June  9,  1893. 


Penalty  for 
disciirnination 
in  public  places 
on  account  of 
race  or  color. 


ChapA^l 


Construction 
and  mainten- 
ance of  Bide- 
walksin  Boston; 
assessments. 


Deduction  from 
assessments. 


An  Act  in  relation  to  sidewalks  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  mayor  and  aldermen  of  the 
city  of  Boston  may  grade  and  construct  sidewalks,  and 
complete  any  partially  constructed  sidewalk  in  any  street 
of  such  city  as  the  public  convenience  may  require,  with 
or  without  edgestones,  as  said  board  shall  deem  expedient, 
and  may  cover  the  same  with  brick,  flat  stones,  concrete, 
gravel  or  other  appropriate  material,  and  may  assess 
upon  the  abutters  on  such  sidewalks  in  just  proportions, 
not  exceeding  one  half  of  the  expense  of  the  same  ;  but  all 
assessments  so  made  shall  constitute  a  lien  upon  the  abut- 
ting land,  and  be  collected  in  the  same  manner  as  taxes  on 
real  estate  are  now  collected ;  and  such  sidewalks,  when 
constructed  with  edgestones  and  covered  with  brick,  flat 
stones  or  concrete,  shall  afterwards  be  maintained  at  the 
expense  of  such  city.  When  any  such  sidewalk  shall  be 
permanently  constructed  with  edgestones  and  covered 
with  brick,  flat  stones  or  concrete,  as  aforesaid,  there 
shall  be  deducted  from  the  assessment  therefor  any  sum 


Acts,  1893.— Chaps.  438,  439.  1321 

whicli  shall  have  been  previously  assessed  upon  the  abut- 
ting premises  and  paid  to  the  city  for  tlic  expense  of  tiie 
construction  of  the  same  in  any  other  manner  than  with 
edgestones  and  with  brick,  flat  stones  or  concrete  as  afore- 
said ;  and  such  deduction  shall  be  made  pro  rata  and 
in  just  proportions  from  the  assessments  upon  different 
abuttei's  who  at  the  time  of  such  assessments  are  owners 
of  the  estate  which  at  the  time  of  such  former  assess- 
ments was  the  estate  of  the  abutters  who  had  previously 
paid  such  former  assessments. 

Section  2.     In  estimating  the  damage  sustained  by  any  Estimate  of 
party  by  the  construction  of  sidewalks  as  aforesaid  there    '^°^^^^' 
shall  be  allowed  by  way  of  set-off  the  benefit,  if  any,  to 
the  property  of  the  party  by  reason  thereof. 

Section  3.     All  acts  and  parts  of  acts  inconsistent  with  Repeal, 
this  act  are  hereby  repealed. 

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

Approved  June  9,  1893. 


ChapAdS 


An  Act  relative   to   the   printing  of  the   report   of  the 
adjutant  general. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     There  shall  be  printed  annually  twenty- Adjutant 
five  hundred  copies  of  the  report  of  the  adjutant  general,  general  a  repoit. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1893. 


ChapA^d 


An  Act  relative  to  the  repair  of  uniforms  and  incidental 
expenses  of  the  volunteer  militia. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  one  hundred  and  thirty-three  of  ^^^'^^  ^^'^  §i33, 

^  amenued. 

chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  is  hereby  amended 
by  adding  at  the  end  thereof  the  following  words  :  —  There 
shall  be  allowed  and  paid  annually  to  each  separate  bat- 
talion headquarters,  corps  of  cadets,  company,  signal  and 
ambulance  corps,  an  amount  equal  to  one  dollar  and 
seventy-five  cents  for  each  enlisted  man  in  each  of  such 
organizations,  based  upon  the  average  attendance  at  tours 
of  duty,  inspections  and  other  duly  ordered  state  duty, 
during  the  year  ending  with  the  first  day  of  November, 
for  repair  of  the  uniforms  and  other  property  of  the  Com- 
monwealth, and  incidental  expenses  of  the  several  organ- 


1322 


Acts,  1893.  — Chap.  440. 


Postage,  sta- 
tionery, re- 
pairs and  inci- 
dentals. 


Chaj) 


Filing  and  pub- 
lication of  cer. 
tain  trade- 
marks, etc. 


izations,  —  so  as  to  read  as  follows  :  —  Section  133. 
There  shall  be  allowed  auoually  for  postage,  stationery 
and  office  incidentals  :  To  each  brigade  headquarters,  ten 
dollars  for  each  regiment,  battalion,  unattached  company, 
signal  and  ambulance  corps  in  such  brigade  ;  to  each  regi- 
mental and  separate  battalion  headquarters,  ten  dollars  for 
each  company  in  such  regiment  or  battalion  ;  to  each  corps 
of  cadets,  twenty-five  dollars  ;  and  to  each  company,  sig- 
nal and  ambulance  corps,  ten  dollars.  There  shall  be 
allowed  and  paid  annually  to  each  separate  battalion  head- 
quarters, corps  of  cadets,  company,  signal  and  ambulance 
corps,  an  amount  equal  to  one  dollar  and  seventy-five  cents 
for  each  enlisted  man  in  each  of  such  organizations,  based 
upon  the  average  attendance  at  tours  of  duty,  inspections 
and  other  duly  ordered  state  duty,  during  the  year  ending 
with  the  first  day  of  November,  for  repair  of  the  uniforms 
and  other  property  of  the  Commonwealth,  and  incidental 
expenses  of  the  several  organizations. 

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

A2^')roved  June  9,  1893. 


.440  Ax  Act   to   protect   the    owners   of   cans,   bottles,   boxes, 

SIPHON^  AND  FOUNTAINS  USED  IN  THE  SALE  OF  MILK,  CREAM, 
SODA  WATER,  MINERAL  AND  AERATED  WATERS,  ALE,  BEER, 
GINGER  ALE   OR   OTHER  BEVERAGES. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  All  persons  and  corporations  engaged  in 
manufacturing,  bottling  or  selling  milk,  cream,  soda  water, 
mineral  or  aerated  waters,  ale,  beer,  ginger  ale  or  other 
beverages,  in  cans,  bottles,  siphons  and  fountains,  with 
their  name  or  other  mark  or  device,  together  with  the 
word  "registered",  branded,  engraved,  blown  or  otherwise 
produced  upon  such  cans,  bottles,  siphons  or  fountains,  or 
the  boxes  used  by  them,  may  file  in  the  office  of  the  clerk 
of  the  city  or  town  in  which  their  principal  place  of 
business  is  situated,  and  also  in  the  office  of  the  secretary 
of  the  Commonwealth,  a  description  of  the  name  or  names, 
mark  or  marks,  device  or  devices  so  used  by  them,  and 
cause  such  description  to  be  published  once  each  week  for 
four  weeks  successively  in  a  newspaper  published  in  the 
city  or  town  in  which  said  description  has  been  filed  as 
aforesaid,  except  that  where  there  is  no  newspaper  pub- 
lished in  said  city  or  town,  then  such  publication  may  be 


Acts,  1893.  — Chap.  440.  1323 

made  in  any  newspaper  published  in  the  count}'  in  which 
said  city  or  town  is  situated. 

Section  2.     It  is   hereby   declared    unlawful    for  any  unlawful  use  of 

„  .•./•ii-.i-ii  1  ,  certain  articles; 

person  or  corporation  to  nil  with  milk,  cream,  soda  water,  defacing,  re- 
mineral  or  aerated  waters,  ale,  beer,  ginger  ale  or  other  "ertal'ntrade- 
beverages,  with  intent  to  sell  the  same,  any  can,  bottle,  marks, etc. 
siphon,  fountain  or  box,  marked  or  distinguished  as  afore- 
said, the  description  of  which  shall  have  been  filed  and 
published  as  provided  in  section  one  of  this  act,  or  to 
deface,  erase  or  cover  up,  or  otherwise  remove  or  conceal 
any  such  name,  mark  or  device,  or  the  word  "  registered  ", 
thereon,  or  to  sell,  buy,  give,  take  or  otherwise  dispose  of 
or  traffic  in  the  same,  without  the  written  consent  of,  or 
unless  the  same  shall  have  been  purchased  from,  the  per- 
son or  persons,  or  corporation  or  corporations,  whose 
name,  mark  or  device,  together  with  the  word  "  regis- 
tered",  shall  be  or  shall  have  been  in  or  upon  the  can, 
bottle,  siphon,  fountain  or  box  so  filled,  defaced,  trafficked 
in,  or  otherwise  used  or  disposed  of  as  aforesaid.  Any  Penalties. 
person  or  corporation  violating  the  provisions  of  this 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
shall  be  punished  for  the  first  offence  by  imprisonment  not 
less  than  ten  days  nor  more  than  one  year,  or  by  a  fine  of 
not  less  than  fifty  cents  for  each  can,  bottle,  siphon,  foun- 
tain or  box  so  filled,  defaced,  trafficked  in  or  otherwise 
used  or  disposed  of  as  aforesaid,  or  by  both  such  fine  and 
imprisonment ;  and  for  each  subsequent  offence  by  im- 
prisonment not  less  than  twenty  days  nor  more  than  one 
year,  or  by  a  fine  of  not  less  than  one  dollar  nor  more 
than  five  dollars  for  each  can,  bottle,  siphon,  fountain  or 
box  so  filled,  defaced,  trafficked  in  or  otherwise  used  or 
disposed  of  as  aforesaid. 

Section  3.     The  use  by  any  person  or  corporation  en-  Presumptive 
gaged  in  manufacturing,  bottling  or  selling  milk,  cream,  unilw7uiu^8e, 
soda  water,  mineral  or  aerated  waters,  ale,  beer,  ginger  traffic,  etc. 
ale  or  other  beverages,  of  any  can,  bottle,  siphon,  foun- 
tain or  box,  marked  or  distinguished   as  aforesaid,  the 
description  of  the  name,  mark  or  device  on  which  shall 
have  been  filed  and  published  as  provided  in  section  one 
of  this  act,   without  the  written   consent  of  or  purchase 
from  the  owner  as  aforesaid,  or  the  buying,  selling,  dis- 
posing of  or  trafficking  in   such  cans,   bottles,  siphons, 
fountains  or  boxes,  by  such  person  or  corporation  with- 
out such  written  consent  of  or  purchase  from  the  owner, 


1324  Acts,  1893.  — Chap.  441. 


or  the  having  by  any  junk  dealer  or  dealer  in  secondhand 
articles,  possession  of  any  such  cans,  bottles,  siphons, 
fountains  or  boxes,  without  the  written  consent  or  pur- 
chase from  the  owner  thereof,  shall  be  presumptive  evi- 
dence of  unlawful  use,  possession  of  or  traffic  in  the  same. 
Complaint,  SECTION  4.     Whenever  any  r)erson  or  corporation  who 

search  warrant,  .  /»i-  i« 

Judicial  inquiry,  has  Complied  With  section  one  of  this  act,  or  their  agent, 
shall  make  oath  before  any  judge  of  a  municipal,  district 
or  police  court,  or  before  any  trial  justice,  that  he  has 
reason  to  believe  and  does  believe  that  any  of  their  cans, 
bottles,  siphons,  fountains  or  boxes,  marked  or  distin- 
guished as  provided  in  section  one  of  this  act,  the  descrip- 
tion of  the  name,  mark  or  device  on  which,  together  with 
the  word  "registered",  shall  have  been  filed  and  pub- 
lished as  provided  in  the  same  section,  are  being  unlaw- 
fully used  or  filled  by  any  person  or  corporation  engaged 
in  manufacturing,  bottling  or  selling  milk,  cream,  soda 
water,  mineral  or  aerated  waters,  ale,  beer,  ginger  ale  or 
other  beverages,  or  that  any  junk  dealer  or  dealer  in 
secondhand  articles,  vendor  of  cans  or  bottles,  has  any 
such  cans,  bottles,  siphons,  fountains  or  boxes  in  his  pos- 
session, or  secreted  in  any  place,  said  judge  or  trial  jus- 
tice shall  thereupon  issue  a  search  warrant,  to  discover 
and  obtain  the  same  ;  and  may  also  cause  to  be  brought 
before  him  the  person  or  corporation  in  whose  possession 
such  cans,  bottles,  siphons,  fountains  or  boxes  are  found, 
and  shall  thereupon  inquire  into  the  circumstances  of  such 
possession  ;  and  if  said  judge  or  trial  justice  finds  that 
such  person  or  corporation  has  been  guilty  of  a  violation 
of  section  two  of  this  act,  he  shall  impose  the  penalty 
therein  prescribed,  and  shall  also  award  possession  of  the 
property  taken  upon  such  search  warrant  to  the  owner 
thereof. 
NovembefiT  SECTION  5.  This  act  shall  take  effect  upon  the  first 
1893.  '  day  of  November,  in  the  year  eighteen  hundred  and 
ninety-three.  Approved  June  9,  1893. 

ChCtpA4:\         ^^  -^^^  "^^  PROVIDE  FOR  THE   BUILDING   OF   A   STATE   PRISON. 

Be  it  enacted,  etc.,  as  follows : 

citions^efc.'^for      SECTION  1.     The  commissionei's  of  prisons  are  hereby 

a  new  state        directed  and  required  to  procure  plans,  specifications  and 

estimates  for  the  erection  of  a  suitable  congregate  prison, 

for  the  safe  confinement  of  such  prisoners  as  by  law  are 


Acts,  1893.  — Chap.  442.  1325 

or  may  be  confined  in  the  state  prison.  Said  plans,  Plans,  specifl- 
specifications  and  estimates  sliall  he  in  reasonable  detail, 
and  shall  provide  for  the  accommodation  of  at  least  six 
hundred  prisoners,  and  shall  provide  in  connection  there- 
with and  as  a  part  thereof  for  a  suitable  prison  on  the 
separate  confinement  plan,  so-called,  similar  in  general 
plan  of  arrangement  and  construction  to  the  eastern  peni- 
tentiary at  Philadelphia,  to  accommodate  not  less  than 
two  hundred  prisoners.  Said  plans,  specifications  and 
estimates  shall  further  provide  for  the  requisite  walls  and 
fences  and  for  suitable  workshops  for  the  employment  of 
prisoners,  and  for  the  equipment  and  furnishing  of  said 
buildings,  including  heating,  motive  power,  cooking, 
laundry,  ventilating,  illuminating,  plumbing,  water  sup- 
ply and  sewerage  fixtures,  pipes,  machinery  and  appara- 
tuses. Said  plans,  specifications  and  estimates  shall  also 
provide  for  the  household  accommodation  of  the  Avarden 
and  his  family,  and  for  such  of  the  other  necessary  subor- 
dinate officers  and  attendants  of  the  prison  as  said  board 
may  deem  necessary.  The  prison  buildings  shall  be  so 
planned  as  to  admit  of  future  enlargements. 
^    Section  2.     Said  board  shall  prepare  a  printed  report  Report  with 

.  ,.  ,  ■,  Ti'i  plans,  etc.,  to  be 

of  their  proceedmgs  under  this  act  and  submit  the  same,  submitted  to 
together  with  the   plans,  specifications  and  estimates  in  ''sisaure. 
reasonable  detail,  to  the  next  general  court  on  or  before 
the  second  Wednesday  in  January  next. 

Section  3.     The  members  of  said  board  shall  receive  Travelling  ex. 
no  compensation  for  their  services  except  for  their  travel-  coraml'ssion'ers 
ling  and  other  necessary  expenses  incurred  in  the  per-  °fp"*°°^' 
formance  of  their  duties  as  said  commissioners  under  this 
act. 

Section  4.     The  board  of  commissioners  of  prisons  Expenditure  not 
may  expend,  subject  to  the  approval  of  the  governor  and  $7,500. 
council,  a  sum  not  exceeding  seventy-five  hundred  dollars 
in  carrying  out  the  provisions  of  this  act. 

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

Approved  June  9,  1893. 

An   Act   to   autiiokize  the  town  of  whitman  to  take  an  (7^ar).442 

ADDITIONAL   WATEK   SUPPLY. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  town  of  Whitman  may,  for  the  pur-  Additional 
pose  of  an  additional  water  supply,  take  and  hold  the  "^^^"^^"PPy* 


1326 


Acts,  1893.  — Chap.  442. 


Additional 
water  supply. 


Not  to  prevent 
other  towns  or 
cities  from 
taking  water 
from  Silver 
lake. 

Town^of  Han- 
son and  Pem- 
broke may  be 
furnished  with 
water. 


Not  to  abridge 
rights,  etc.,  of 
Other  towns. 


Town  of  Whit 
man  Water 
Loan,  Act  of 
1893. 


waters  of  Silver  lake,  in  such  quantities  as  may  be 
required  by  said  town,  and  as  may  be  further  required 
for  furnishing  water  to  the  towns  of  Hanson  and  Pem- 
broke and  their  inhabitants,  under  the  authority  granted 
by  section  two  of  this  act ;  and  said  town  of  Whitman 
may  also  take,  by  purchase  or  otherwise,  and  hold  all 
lands,  rights  of  way  and  easements  necessary  for  holding 
and  preserving  all  water  taken  under  the  authority  of  this 
act,  and  for  conveying  the  same  to  any  part  of  said 
towns  ;  and  may  erect  on  the  land  thus  taken  or  held 
proper  buildings,  fixtures  and  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  effec- 
tive water  works  ;  and  may  construct  and  lay  down  con- 
duits, pipes  and  other  works  under,  through  or  over  any 
lands,  water  courses,  railroads,  public  or  private  wa3^s, 
and  along  any  such  way  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same  ;  and  for  the  purpose  of  con- 
structing, maintaining  and  repairing  such  conduits,  pipes 
and  other  works,  and  f  )r  all  proper  purposes  of  this  act, 
said  town  of  Whitman  may  dig  up  any  such  lands,  and, 
under  the  direction  of  the  board  of  selectmen  of  the  town 
in  which  any  such  ways  are  situated,  may  enter  upon  and 
dig  up  any  such  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  on  such  ways.  Nothing  in  this 
section  shall  be  construed  to  prevent  the  granting  to  the 
city  of  Brockton  or  any  other  city  or  town  the  right  to 
take  water  from  said  Silver  lake. 

Section  2.  The  town  of  Whitman  is  hereby  author- 
ized to  furnish,  on  application,  water  to  the  towns  of 
Hanson  and  Pembroke  or  their  inhabitants,  upon  such 
terms  as  may  be  fixed  by  the  water  commissioners  of  the 
town  of  Whitman  ;  but  the  provisions  of  this  section  shall 
not  abridge  or  restrict  the  rights  and  powers  given  to  said 
town  of  Hanson  and  its  inhabitants,  and  to  the  towns  of 
Abington  and  Rockland,  by  section  nine  of  chapter  two 
hundred  and  six  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five. 

Section  3.  The  said  town  of  Whitman  may,  for  the 
purposes  of  paying  the  necessary  expenses  and  liabilities 
incurred  under  the  provisions  of  this  act,  issue  from  time 
to  time  bonds,  notes  or  scrip  in  addition  to  those  hereto- 
fore authorized  by  law,  to  an  amount  not  exceeding  one 


Acts,  1893.  — Chap.  443.  1327 

hundred  and  twenty-five  thousand  dolhirs.  Such  bonds, 
notes  and  scrip  shall  boar  on  their  face  the  words,  Town 
of  Whitman  Water  Loan,  Act  of  1893  ;  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years 
from  the  date  of  issue,  shall  bear  interest  payable  semi- 
annually at  a  rate  not  exceeding  six  per  cent,  per  annum, 
and  shall  be  signed  by  the  treasurer  of  said  town  and 
countersigned  by  the  water  commissioners  thereof.  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,  upon  such  terms  and  conditions  as  it 
may  deem  proper.  The  said  town  shall  provide,  at  the  sinking  fund. 
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  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose. 

Section  4.  Sections  three  and  four  of  chapter  one  isss,  152,  §§3, 
hundred  and  fifty-two  of  the  acts  of  the  year  eighteen  *°*PP'y- 
hundred  and  eighty-three,  relative  to  recording  a  descrip- 
tion of  land,  water  rights  or  other  property  taken,  and 
relative  to  the  payment  of  damages  therefor,  shall  apply 
to  the  taking  of  any  land,  water  rights  or  other  property 
by  the  town  of  W^hitman  under  this  act. 

Section  5.     This  act  shall  take  effect  upon  its  accept-  Subject  to  ac 
ance  by  a  two  thirds  vote  of  the  voters  of  the  town  of  two*twrd/vote, 
Whitman  present  and  voting  thereon  at  a  legal  town  meet-  ^'°' 
ing  called  for  the  purpose  within  three  years  from  its  pas- 
sage ;  but  the  number  of  meetings  so  called  in  any  year 
shall  not  exceed  three.  Approved  June  9,  1893. 

An  Act  to  protect  persons,  associations  or  unions  of  per-  njjfjy.  44Q 

SONS    IN    their    labels,    TRADE-MARKS    AND    FORMS    OF    ADVER-  ^  ' 

TISING. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.      Whenever   any    person,    association    or  counterfeiting 
union  of  persons  has  adopted  or  shall  hereafter  adopt  for  certai'n'trade?^ 
his  or  its  protection,  any  label,  trade-mark  or  form  of  ^^'i^s. 'abeis, 
advertisement  not  previously  adopted  or  owned  by  any 
other  person,  firm,  association  or  union,  announcing  that 
goods  to  which  such  label,  trade-mark  or  form  of  adver- 
tisement is  attached  were  manufactured  by  such  person, 


1328 


Acts,  1893.  — Chap.  443. 


Penalty. 


Penalty  for 
using  labels, 
etc.,  known  to 
be  counterfeit, 
etc. 


Penalty  for 
knowingly 
using,  etc  , 
genuine  labels, 
etc.,  on  other 
goods,  etc. 


Filing  of  labels, 
trade-marks, 
etc.,  with  secre- 
tary of  the 
Common- 
wealth; fee. 


or  by  a  member  or  members  of  such  association  or  union, 
and  shall  have  duly  filed  copies  of  the  same  for  record  in 
the  ofiice  of  the  secretary  of  the  Commonwealth,  as  pro- 
vided in  section  four  of  this  act,  it  shall  be  unlawful  for 
any  person  or  corporation  to  counterfeit  or  imitate  such 
label,  trade-mark  or  form  of  advertisement.  Every 
person  violating  the  provisions  of  this  section  shall,  upon 
conviction,  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars  or  by  imprisonment  not  exceeding  six 
months,  or  both. 

Section  2.  Every  person  who  shall  use  any  counter- 
feit or  imitation  of  any  label,  trade-mark  or  form  of  adver- 
tisement of  any  such  person,  union  or  association,  copies 
of  which  have  been  duly  filed  for  record  in  the  ofiice  of  the 
secretary  of  the  Commonwealth,  as  provided  in  section 
four  of  this  act,  knowing  the  same  to  be  counterfeit  or 
imitation,  shall  be  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  not  exceeding  two  hundred  dollars  or 
by  imprisonment  not  exceeding  six  months,  or  both  such 
fine  and  imprisonment. 

Section  3.  Every  manufacturer  who  shall  knowingly 
use  or  afiix  the  genuine  label  or  trade-mark  adopted  by 
any  person,  association  or  union,  as  herein  provided,  and 
filed  in  the  ofiice  of  the  secretary  of  the  Commonwealth, 
as  provided  in  section  four  of  this  act,  upon  any  goods  not 
manufactured  by  such  person,  or  by  a  member  or  members 
of  such  association  or  union,  shall  be  punished  by  a  fine 
not  exceeding  two  hundred  dollars  or  by  imprisonment 
not  exceeding  one  year,  or  both  such  fine  and  imprison- 
ment. 

Section  4.  Every  such  person,  association  or  union 
that  has  heretofore  adopted,  or  shall  hereafter  adopt,  a 
label,  trade-mark  or  form  of  advertisement,  as  provided 
in  section  one  of  this  act,  may  file  the  same  for  record  in 
the  ofiice  of  the  secretary  of  the  Commonwealth,  by  leav- 
ing two  copies,  counterparts  or  facsimiles  thereof,  with 
said  secretary  ;  and  shall  file  therewith  a  certificate  speci- 
fying the  name  or  names  of  the  person,  association  or 
union  so  filing  such  label,  trade-mark  or  form  of  adver- 
tisement, his  or  its  residence,  location  or  place  of  business, 
the  class  of  merchandise  and  the  particular  description  of 
goods  comprised  in  such  class  to  which  it  has  been  or  is 
intended  to  be  appropriated,  and  the  length  of  time,  if 
any,  during  which  it  has  been  in  use.     Such  certificate 


Acts,  1803.  — Chap.  443.  1329 

shall  be  accompanied  by  a  written  delaration,  verified  under 

oath  by  the  person  or  some  olBBcer  of  the  association  or 

union  by  whom  it  is  tiled,  to  the  effect  that  the  party  so 

filing  such  label,  trade-mark  or  form  of  advertisement  has 

a  right  to  the  use  of  the  same,  and  th:it  no  other  person, 

firm,  association,  union  or  corporation   has  the  right  to 

such  use,  either  in  the  identical  form  or  in  any  such  near 

resemblance  thereto  as  may  be  calculated  to  deceive,  and 

that  the  facsimiles,  copies  or  counterparts  filed  therewith 

are  true  and  correct.     There  shall  be  paid  for  such  filing 

the  fee  of  one  dollar.     Any  person  who  shall  procure  the  Penalty,  etc., 

filing  of  any  label,  trade-mark  or  form  of  advertisement  in  u-l^dlZnt 

the  office  of  the  secretary  of  the  Commonwealth,  under  the  represematioD, 

.  »        .  .  etc. 

provisions  of  this  act,  by  making  any  false  or  fraudulent 
representation  or  declaration,  verbally  or  in  writing,  or 
by  any  fraudulent  means,  shall  be  liable  to  pay  any  dam- 
ages sustained  in  consequence  of  any  such  filing,  to  be 
recovered   b}^  the  party  injured  thereby  in  an  action  of 
tort ;  and  shall  be  punished  by  a  fine  not  exceeding  two 
hundred  dollars    or   by  imprisonment  not  exceeding  six 
months,  or  both  such  tine  and  imprisonment.     Said  secre-  certificate  of 
tary  shall  deliver  to  such  person,  association  or  union  so  ^^<=o''«*;  ^^e. 
filing  the  same  a  dulj'^  attested  certificate  of  the  record  of 
the  same,  for  which  he  shall  receive  the  fee  of  one  dollar. 
Such  certificate  of  record  shall  in  all  suits  and  prosecutions  Proof  of  adop- 
under  this  act  be  sufficient  proof  of  the  adoption  of  such  not°to^be  re-'''°" 
label,   trade-mark  or  form  of  advertisement.     No  label,  <=orded. 
trade- mark  or  form  of  advertisement  shall  be  recorded 
that  would  reasonably   be  mistaken  for   a    label,    trade- 
mark or  form  of  advertisement  already  on  record. 

Section  5.     Every  such  person,  association  or  union  Proceedings  for 
which  has  adopted  a  label,  trade-mark  or  form  of  adver-  minuTircuIre^, 
tisement,  as  provided  in  section  one  of  this  act,  and  that  f^^i^  ojjounter. 
has  duly  filed  copies  of  the  same  for  record  in  the  office 
of  the  secretary  of  the  Commonwealth,  as  provided  in 
section  four  of  this  act,  may  proceed  by  suit  to  enjoin  the 
manufacture,  use  or  sale  of  any  such  counterfeits  or  im- 
itations ;  and  all  courts  having  jurisdiction  thereof  shall 
grant  injunctions  to  restrain  such  manufacture,  use  or  sale, 
and  shall  award  the  complainant  in  such  suit  such  damages 
resulting  from  such  wrongful  manufacture,  use  or  sale  as 
may  by  said  court  be  deemed  just  and  reasonable,  and 
shall  require  the  defendant  to  pay  to  such  person,  associa- 
tion or  union  the  profits  derived  from  such  wrongful  man- 


1330  Acts,  1893.  — Chap.  444. 

ufiicture,  use  or  sale ;  and  such  court  may  also  order  that 
all  such  counterfeits  or  imitations  in  the  possession  or 
under  the  control  of  any  defendant  in  such  case  be  de- 
livered to  an  officer  of  the  court,  or  to  the  complainant, 
to  be  destroyed.  In  all  cases  where  such  association  or 
union  is  not  incorporated,  suits  under  this  act  may  be 
commenced  and  prosecuted  by  any  officer  of  such  associa- 
tion or  union,  on  behalf  of  and  for  the  use  of  such  asso- 
ciation or  union,  and  every  member  of  such  association  or 
union  shall  be  liable  for  costs  in  any  such  proceeding. 
Rules,  reguia-         SECTION    6.     The    Secretary  of  the  Commonwealth  is 

tiODs,  etc.,  for  ,        •        •,  S  i      •  i  -i 

filing labejs, etc.  authorized  to  make  rules  and  regulations,  and  prescribe 
forms  for  the  filing  of  labels,  trade-marks  and  forms  of 
advertisement,  under  the  provisions  of  this  act. 

Proof  of  owner-  SECTION  7.  In  any  suit  or  prosecution  under  the  pro- 
visions of  this  act  the  defendant  may  show  that  he  or  it 
was  the  owner  of  such  label,  trade-mark  or  form  of  adver- 
tisement, prior  to  its  being  filed  under  the  provisions  of 
this  act,  and  that  it  has  been  filed  wrongfully  or  without 
right,  by  some  other  person,  association  or  union. 

Approved  June  5,  1893. 


Chap. 


>.444      ^^   ^'^'^  "^^  REVISE   THE   CHARTER   OF   THE   CITY   OF   WORCESTER. 

Be  it  enacted^  etc.,  as  folloivs: 

City  of  worces-  SECTION  1.  The  inhabitants  of  the  city  of  Worcester 
shall  continue  to  be  a  body  politic  and  corporate,  under 
the  name  of  the  City  of  Worcester,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obli- 
gations now  incumbent  upon  and  appertaining  to  said  city 
as  a  municipal  corporation. 

Government  SECTION    2.       The  government  of  the  city  and    the    gen- 

management  of    eral  management  and  control  of  all  the  fiscal,  prudential 
*  ''"^*'  and  municipal  affairs  thereof  shall  be  vested  in  a  single 

officer,  to  be  called  the  mayor,  and  in  a  body  to  be  called 
the  city  council,  except  however  that  the  general  manage- 
ment and  control  of  the  public  schools  of  the  city  shall  be 
vested  in  a  school  committee.  The  members  of  the  city 
council  and  school  committee  shall  serve  without  compen- 
sation. 
Number  of  SECTION  3.    The  territory  of  the  city  shall  continue  to 

be  divided  into  eight  wards,  which  shall  retain  their  present 
boundaries  until  the  same  shall  be  changed  under  the  gen- 


wards. 


Acts,  1893.  — Chap.  444.  1331 

eral  law  relating  thereto.  The  number  of  wards  may,  in 
any  year  tixed  by  law  for  a  new  division  of  wards  in  cities, 
be  changed  by  vote  of  the  city  council  passed,  with  the 
assent  of  the  mayor,  at  or  prior  to  the  making  of  such 
division  ;  but  the  number  of  wards  shall  never  be  less 
than  eii2:ht. 

Section  4.  All  meetings  of  the  qualified  voters  of  the  warrants  for 
city  for  the  purpose  of  voting  at  elections  and  for  other  '"®'-"°"''>  *'^'^- 
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 
and  at  such  time  as  the  city  council  may  by  ordinance 
direct. 

Section  5.     The  municipal  election   shall   take  place  Municipal  eiec- 
ammally  on  the   second  Tuesday  of  December,  and   the  yg"^'. ™""""^'' 
municipal  year  shall  begin  at  ten  o'clock  in  the  morning 
on  the  tirst  Monday  of  January,  and  continue  until   ten 
o'clock  in  the  morning  on  the  first  Monday  of  the  follow- 
ing January. 

Section    6.     At   the  municipal   election  the  qualified  officers  to  be 

1  I  elected  by 

voters  shall  give  in  their  votes  by  ballot  for  a  mayor  and  piuraiuy  vote. 
for  members  of  the  city  council  and  of  the  school  com- 
mittee, or  for  such  of  them  as  are  to  be  elected,  and  the 
person  receiving  the  highest  number  of  votes  for  any 
office  shall  be  deemed  and  declared  to  be  elected  to  such 
office  ;  and  whenever  two  or  more  persons  are  to  be  elected 
to  the  same  office  the  several  persons,  up  to  the  number 
required  to  be  chosen,  receiving  the  highest  number  of 
votes  shall  be  deemed  and  declared  to  be  elected. 

Section  7.  If  it  shall  appear  that  there  is  no  choice  Vacancies  in 
of  a  mayor,  or  if  the  person  elected  to  that  office  shall  aad'^citycouncu'! 
refuse  to  accept  the  office,  or  shall  die  before  qualifying, 
or  if  a  vacancy  in  the  office  ?hall  occur  more  than  four 
months  previous  to  the  expiration  of  the  term  of  service 
of  a  mayor,  the  board  of  aldermen  shall  forthwith  cause 
■warrants  to  be  issued  for  a  new  election,  and  the  same 
proceedings  shall  be  had  in  all  respects  as  are  hereinbefore 
provided  for  the  election  of  a  mayor ;  and  such  proceed- 
ings shall  be  repeated  until  the  election  of  a  mayor  is 
completed.  If  the  full  number  of  members  of  the  city 
council  then  required  to  be  chosen  shall  not  be  elected  at 
the  annual  municipal  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 


1332 


Acts,  1893.  — Chap.  444. 


General  meet- 
ings of  voters. 


City  council. 


Board  of  alder- 
men. 


Common 
council. 


of  aldermen  shall  forthwith  cause  a  new  election  to  be 
held,  as  aforesaid,  to  till  the  vacancy.  In  case  a  vacancy 
in  the  office  of  mayor  or  of  a  member  of  the  city  council 
shall  occur  within  the  four  months  previous  to  the  expira- 
tion of  his  term  of  office,  the  city  council  may,  in  its  dis- 
cretion, order  a  new  election  to  be  held,  as  aforesaid,  to 
fill  the  vacancy. 

Section  8.  General  meetings  of  the  qualified  voters 
of  the  city  may  from  time  to  time  be  held,  according  to 
the  right  secured  to  the  people  by  the  constitution  of  the 
Commonwealth,  and  such  meetings  may,  and  upon  the 
request  in  writing  of  fifty  qualified  voters  setting  forth 
the  purposes  thereof  shall,  be  called. 

Section  9.  [Form  One.]  The  city  council  shall  be 
composed  of  two  branches,  one  of  which  shall  be  called 
the  board  of  aldermen  and  the  other  the  common  council. 
The  board  of  aldermen  shall  be  composed  of  one  member 
from  each  ward,  who  shall  be  elected  by  the  qualified 
voters  of  the  entire  city.  At  each  annual  municipal 
election,  until  a  new  division  of  the  city  into  wards  shall 
be  made,  there  shall  be  elected  four  aldermen,  who  shall 
hold  office  for  the  two  municipal  years  next  succeeding 
their  election.  If  in  any  year  of  a  new  division  of  the 
city  into  wards  the  number  of  the  wards  shall  be  changed, 
the  terms  of  office  of  all  the  aldermen  shall  expire  at  the 
end  of  the  municipal  year  in  which  the  division  is  made, 
and  at  the  municipal  election  occurring  in  such  year 
aldermen  as  many  in  number  as  there  are  wards  shall  be 
elected.  The  board  of  aldermen  so  elected  shall  hold 
office,  those  from  the  even  numbered  wards  for  one 
municipal  year,  and  those  from  the  odd  numbered  wards 
for  the  two  municipal  years  next  succeeding  their  elec- 
tion ;  and  thereafter  annually  there  shall  be  elected  for 
the  term  of  two  years,  as  many  aldermen  as  may  be  nec- 
essary to  fill  the  vacancies  occurring  by  reason  of  expira- 
tion of  terms  of  service.  Meml>ers  of  the  common  council 
shall  be  elected  by  the  qualified  voters  of  each  ward.  The 
common  council  shall  consist  of  three  members  from  each 
ward,  w^ho  shall  be  residents  of  the  wards  from  which  they 
are  elected.  At  each  election,  until  a  new  division  of  the 
city  into  wards  is  made,  there  shall  be  elected  as  many 
common  councilmen  as  may  be  necessary  to  fill  the 
vacancies  caused  by  expiration  of  terms  of  service,  who 
shall  hold  office  for  the  two  municipal  years  next  succeed- 


Acts,  1893.  — Chap.  444.  1333 

ing  their  election.  In  any  year  when  a  new  division  of 
the  city  into  Avards  is  made  the  terms  of  all  the  members 
of  the  common  council  shall  expire  at  the  end  of  such 
municipal  year.  In  the  municipal  election  succeeding 
such  new  division  of.  the  city  into  wards  there  shall  be 
elected  three  common  councilmeu  from  each  Avard,  two 
of  those  so  elected  from  the  even  numbered  wards  to  hold 
office  for  the  two  municipal  years  next  succeeding  their 
election,  and  one  of  those  so  elected  from  the  even  num- 
bered wards  to  hold  office  for  one  municipal  year  next 
succeeding  his  election  ;  one  of  those  so  elected  from  each 
of  the  odd  numbered  wards  to  hold  office  for  the  two 
municipal  years  next  succeeding  his  election,  and  two  of 
those  so  elected  from  the  odd  numbered  wards  to  hold 
office  for  one  municipal  year  next  succeeding  their  elec- 
tion. Thereafter,  annually,  there  shall  be  elected  as 
many  common  councilmen  for  the  two  municii)al  years 
next  succeeding  their  election  as  may  be  necessary  to  till 
the  vacancies  caused  by  expiration  of  terms  of  service. 

[Form  Two.]  The  city  council  shall  be  composed  of  cuy  council. 
two  branches,  one  of  which  shall  be  called  the  board  of 
aldermen  and  the  other  the  common  council.  The  board  ^°^^J^^°^ 
of  aldermen  shall  be  composed  of  nine  members,  who 
shall  be  elected  annually  by  and  from  the  qualified  voter's 
of  the  entire  city,  but  no  voter  shall  vote  for  more  than 
six  of  the  nine  aldermen  on  one  ballot,  and  the  nine 
having  the  highest  number  of  votes  shall  be  declared 
elected.  Members  of  the  common  council  shall  be  elected 
by  the  qualified  voters  of  each  ward.  The  common  coun-  ccmmoa 
cil  shall  consist  of  three  members  from  each  ward,  who  *=°"°"'- 
shall  be  residents  of  the  wards  from  which  they  are 
elected.  At  each  election,  until  a  new  division  of  the 
city  into  wards  is  made,  there  shall  be  elected  as  many 
common  councilmen  as  may  be  necessary  to  fill  the 
vacancies  caused  by  expiration  of  terras  of  service,  who 
shall  hold  office  for  the  two  municipal  years  next  succeed- 
ing their  election.  In  any  year  when  a  new  division  of 
the  city  into  wards  is  made  the  terms  of  all  the  members 
of  the  common  council  shall  expire  at  the  end  of  such 
municipal  year.  In  the  municipal  election  succeeding 
such  new  division  of  the  city  into  wards  there  shall  be 
elected  three  common  councilmen  from  each  ward,  two 
of  those  so  elected  from  the  even  numbered  w^ards  to  hold 
office  for  the  two  municipal  years  next  succeeding  their 


1334: 


Acts,  1893.  — Chap.  444. 


Oaths  of  office 
of  mayor  and 
city  council. 


City  council, 
organization. 


City  clerk. 


election,  and  one  of  those  so  elected  from  the  even  num- 
bered wards  to  hold  office  for  one  municipal  year  next 
succeeding  his  election  ;  one  of  those  so  elected  from  each 
of  the  odd  numbered  wards  to  hold  office  for  the  munici- 
pal year  next  succeeding  his  election,  and  two  of  those  so 
elected  from  the  odd  numbered  wards  to  hold  office  for 
the  two  municipal  years  next  succeeding  their  election. 
Thereafter,  annually,  there  shall  be  elected  as  many  com- 
mon councilmen  for  the  two  municipal  years  next  succeed- 
ing their  election  as  may  be  necessary  to  fill  the  vacancies 
caused  by  expiration  of  terms  of  service. 

Sectiox  10.  The  mayor  elect  and  members  elect  of 
the  city  council  shall  be  sworn  to  the  faithful  performance 
of  their  respective  duties  ;  and  for  that  purpose  shall  meet 
on  the  first  Monday  in  January  succeeding  their  election, 
at  ten  o'clock  in  the  morning,  when  such  oath  may  be 
administered  to  the  mayor  elect  by  any  judge  of  any 
court  of  record  in  the  Commonwealth  or  by  any  justice  of 
the  peace,  and  to  the  members  elect  of  the  city  council,  by 
the  mayor  or  by  any  justice  of  the  peace.  A  certificate 
that  such  oath  has  been  taken  shall  be  entered  in  the 
journals  of  the  board  of  aldermen  and  of  the  common 
council  by  their  respective  clerks.  If  the  mayor  elect  or 
any  one  or  more  of  the  members  elect  of  the  city  council 
shall  not  be  present  on  the  first  Monday  in  January,  to 
take  the  oath  required  of  them,  or  if  any  of  them  shall 
be  elected  subsequent  to  the  first  Monday  in  January,  the 
oath  may  be  administered  to  the  mayor  or  aldermen  at 
any  meeting  of  the  board  of  aldermen,  and  to  the  common 
councilmen  at  any  meeting  of  the  common  council  there- 
after, before  entering  upon  office.  A  certificate  that  such 
oath  has  been  taken  shall,  in  case  of  the  mayor,  be  entered 
in  the  journal  of  both  branches  of  the  city  council,  in  the 
case  of  a  member  of  the  board  of  aldermen,  be  entered 
in  the  journal  of  said  board,  and  in  the  case  of  a  member 
of  the  common  council,  be  entered  in  the  journal  of  the 
common  council  at  the  meetins;  at  which  such  oath  was 
administered. 

Section  11.  Directly  after  the  oaths  of  office  have  been 
administered,  each  branch  of  the  city  council  shall  meet, 
the  eldest  senior  member  present  presiding,  and  organize 
by  the  election  by  ballot  of  a  president,  and  no  other 
business  shall  be  in  order  until  a  president  has  been 
chosen.     The  two  branches  shall,  by  concurrent  vote,  the 


Acts,  1893.  — Chap.  UL  1335 

bojird  of  aldermen  acting  first,  elect  by  ballot  a*city  clerk, 
who  shall  hold  otiice  for  the  municipal  year  and  until  his 
successor  is  elected  ;inci  qualified.  The  city  clerk  shall 
also  be  the  clerk  of  the  board  of  aldermen  ;  but  in  case 
of  delay  in  the  election  of  a  city  clerk,  or  in  case  of  a 
vacancy  in  the  office,  the  board  of  aldermen  may  elect  a 
temporary  clerk,  who  shall  act  as  clerk  of  the  board  until 
a  city  clerk  is  chosen  and  qualified.  The  city  clerk  shall 
be  sworn  to  the  faithful  discharge  of  his  duties  in  the 
presence  of  the  board  of  aldermen,  by  the  president  of 
the  board,  or  by  a  justice  of  the  peace.  He  shall  furnish 
to  the  clerk  of  the  common  council  a  certified  list  of  all 
qualified  members  of  the  common  council,  directly  after 
the  oaths  of  office  have  been  administered  to  them.  In 
case  of  the  temporary  absence  or  disability  of  the  city 
clerk,  the  mayor  may,  with  the  consent  of  the  board  of 
aldermen,  appoint  a  city  clerk  pro  tempore,  who  shall  be 
duly  sworn.  In  case  of  a  vacancy  in  the  office  the  same 
shall  be  filled  by  concurrent  vote  of  the  two  branches. 
The  city  clerk  may  be  removed  by  the  affirmative  votes 
of  two  thirds  of  all  the  members  of  each  branch  of  the 
city  council.  The  common  council  shall  elect  its  own  cierkofcom- 
clerk,  who  shall  be  sworn  to  the  faithful  discharge  of  his  """^  '=*^"°°'  • 
duties  in  the  presence  of  the  council,  by  the  president  or 
by  a  justice  of  the  peace.  The  president  of  the  board  of  boa?d^of '  "^ 
aldermen  shall  preside  over  all  sessions  of  the  board  awermen. 
of  aldermen  and  over  all  joint  conventions  of  the  two 
branches  of  the  city  council ;  he  may  be  removed  from 
office  by  the  affirmative  vote  of  two  thirds  of  all  the 
members  of  the  said  board.  The  president  and  clerk  of 
the  common  council  may  each  be  removed  by  the  affirma- 
tive votes  of  two  thirds  of  all  the  members  of  the  common 
council. 

Section  12.     Each  branch  of  the  city  council  shall  be  Each  branch 
the  judge  of  the  election  and  qualification  of  its  own  mem-  e?ection''o^nt*8' 
bers,  shall  determine  the  rules  for  its  own  proceedings,  o^^n  members, 
and  may  appoint  such  assistant  clerks  and  other  officers 
as  may  be  necessary  for  the  proper  conduct  of  its  own 
business. 

Sectiox  13.     The  mayor  may  at  any  time  call  a  special  ^P^^ii'^'g 
meeting  of  the  city  council  or  of  either  branch  thereof,  l)y 
causinor  a  written  notice  of  such  meetino^,  containinor  a 
statement  of  the  subjects  to  be  considered  thereat,  to  be 
left  at  the  usual  place  of  residence  of,  or  to  be  served  per- 


1336 


Acts,  1893.  — Chap.  444. 


Quorum. 


Salary  of 
mayor. 


Votes  on  ap- 
propriations or 
loans  of  money. 


Members  of 
city  council 
not  to  hold 
other  offices, 
etc. 


Employment  of 
labor,  making 
of  contracts, 
etc. 


City  ordinances, 
penalties,  etc. 


sonally  upon,  each  member,  and  no  other  business  shall 
be  transacted  at  such  special  meeting  except  by  unanimous 
consent. 

Section  14.  In  each  branch  of  the  city  council  a 
majority  of  the  whole  number  of  members  provided  to 
be  elected  shall  constitute  a  quorum  for  the  transaction 
of  business. 

Section  15.  The  salary  of  the  mayor  shall  be  fixed 
by  the  city  council,  but  shall  not  exceed  three  thousand 
dollars,  and  shall  not  be  increased  or  diminished  to  take 
effect  during  the  term  for  which  he  is  elected. 

Section  1(3.  All  votes  of  the  city  council  making 
appropriations  or  authorizing  loans  of  money  shall  be  in 
itemized  form,  and  when  brought  before  the  city  council 
on  recommendation  of  the  mayor,  no  item  of  the  appro- 
priation or  loan  in  excess  of  the  amount  recommended  by 
the  mayor  shall  be  passed,  except  by  the  affirmative  votes 
of  two  thirds  of  the  members  of  each  branch  present  and 
voting  thereon. 

Section  17.  No  member  of  the  city  council  shall, 
during  the  term  for  which  he  is  elected,  hold  any  other 
office  or  position  the  salary  or  compensation  for  which  is 
payable  from  the  city  treasury,  nor  shall  he  act  as  counsel 
or  attorney  before  the  city  council  or  before  either  branch 
or  any  committee  thereof. 

Section  18.  Neither  the  city  council  nor  either  branch 
thereof,  nor  any  committee  or  meml^er  thereof,  shall 
directly  or  indirectly  take  part  in  the  employment  of 
labor,  the  expenditure  of  public  money,  the  purchase  of 
materials  or  supplies,  the  construction,  alteration  or  re- 
pair 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  ap- 
pointment and  removal  of  subordinate  officers  and  assist- 
ants, and  as  may  be  necessary  for  defraying  the  contingent 
and  incidental  expenses  of  the  city  council  or  of  either 
branch  thereof,  nor  shall  they  or  either  of  them  take  part 
in  the  making  of  contracts,  except  as  may  hereafter  be 
otherwise  provided  by  ordinance. 

Section  19.  The  city  council  shall  have  power  within 
said  city  to  make  and  establish  ordinances  and  to  affix 
thereto  penalties  for  the  violation  thereof,  as  herein  or  by 
general  law  provided,  without  the  sanction  of  any  court 


Acts,  1893.  — Chap.  444.  1337 

or  of  :ii\y  justice  thereof.  All  ordinances  so  made  and 
established  shall  be  forthwith  published  in  the  newspapers 
designated  by  the  board  of  aldermen,  and  they  shall, 
unless  they  contain  an  express  provision  for  a  later  date, 
take  etlect  at  the  time  of  their  approval  by  the  mayor,  or, 
if  a  penalty  for  their  violation  is  ])rovided,  at  the  expira- 
tion of  thirty  days  from  the  day  of  such  approval. 

Section  20.  The  city  council  shall,  subject  always  to  streets,  hi«h. 
the  approval  of  the  mayor,  have  exclusive  authority  and  ^"^"•'''*^- 
power  to  order  the  laying  out,  locating  anew  and  discon- 
tinuing of,  and  the  making  of  specific  repairs  in,  all  streets 
and  ways  and  all  highways  within  the  limits  of  the  city  ; 
to  assess  the  damages  sustained  thereby  by  any  person, 
and,  except  as  herein  otherwise  provided,  to  act  in  mat- 
ters relating  to  such  laying  out,  locating  anew,  altering, 
discontinuing  or  repairing,  but  in  all  such  matters  action 
shall  first  be  taken  by  the  board  of  aldermen.  Any  per- 
son aggrieved  by  the  action  of  the  city  council  hereunder 
shall  have  all  the  rights  and  privileges  now  by  law  in  sim- 
ilar cases  allowed  in  appeals  from  decisions  of  selectmen. 

Section  21.  Except  as  herein  otherwise  provided,  the  General  powers 
city  council  shall  have  and  exercise  by  concurrent  vote  the  city  counciK 
legislative  powers  of  towns  and  of  the  inhabitants  thereof, 
and  shall  have  and  exercise  by  concurrent  vote  all  the 
powers  now  vested  by  law  in  the  city  of  Worcester  or  in 
the  inhabitants  thereof  as  a  municipal  corporation,  and  be 
subject  to  the  duties  imposed  on  city  councils  ;  and  the 
board  of  aldermen  shall  have  and  exercise,  subject  to  the 
approval  of  the  mayor,  all  the  powers  given  to  select- 
men of  towns  and  to  boards  of  aldermen  of  cities,  and 
shall  be  subject  to  the  duties  imposed  upon  such  boards. 

Section  22.  The  mayor  shall  be  elected  from  the  qual-  ^f''o'ffice"^Jtc 
ified  voters,  of  the  city,  and  shall  hold  office  for  the  munic- 
ipal year  next  succeeding  his  election  and  until  his  suc- 
cessor is  elected  and  qualified,  except  that  when  elected 
to  till  a  vacancy  he  shall  hold  office  only  for  the  unexpired 
term  and  until  his  successor  is  elected  and  qualified. 

Section  23.     The  mayor  shall  be  the  chief  executive  Mayor  to  be 
oflScer  of  the  city,  and  the  executive  powers  of  the  city  TiVefe^cr"" 
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. 


1338 


Acts,  1893. —  Chap.  Ui, 


Mayor,  gen- 
eral powers 
and  duties. 


Vacancy  in 
office  of  mayor. 


Appointments 
V>y  mayor  and 
aldermen. 


Removals,  etc. 


Section  24.  The  mayor  shall  communicate  to  the 
city  council  such  information  and  shall  recommend  such 
measures  as,  in  his  judgment,  the  interests  of  the  city  shall 
require  ;  shall  cause  the  laws,  ordinances  and  orders  for 
the  government  of  the  city  to  be  enforced  ;  and  shall 
secure  an  honest,  efficient  and  economical  conduct  of  the 
executive  and  administrative  business  of  the  city,  and  the 
harmonious  and  concerted  action  of  the  difierent  adminis- 
trative and  executive  departments.  The  mayor  may  at 
any  time  summon  heads  of  departments  or  subordinate 
officers  for  information,  consultation,  or  advice  upon  the 
ati'airs  of  the  city. 

Section  25.  In  case  of  a  vacancy  in  the  office  of 
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,  the  president  of 
the  board  of  aldermen  shall,  under  the  style  of  acting 
mayor,  exercise  the  powers  and  perform  the  duties  of 
mayor,  except  that  he  shall  not,  unless  authorized  thereto 
in  a  special  instance  by  the  city  council,  make  any  per- 
manent appointment  or  removal  from  office  ;  nor  shall  he, 
unless  such  disability  of  the  mayor  has  continued  at  least 
ten  days,  or  unless  the  office  of  mayor  has  become  vacant, 
have  power  to  approve  or  disapprove  any  ordinance,  order, 
resolution  or  vote  of  the  city  council. 

Section  26.  All  officers  of  the  city  not  elected  by  the 
qualified  voters  shall  be  resident  citjzens  of  the  city,  and 
shall,  except  as  herein  otherwise  provided,  or  provided  by 
the  general  laws,  or  by  ordinance,  or  by  provisions  of 
trusts,  be  appointed  by  the  mayor,  su])ject  to  confirma- 
tion by  the  board  of  aldermen,  and  for  such  terms  re- 
spectively as  are  or  may  be  fixed  by  law  or  ordinance,  or, 
in  case  of  an  appointment  to  fill  a  vacancy,  for  the  unex- 
pired term.  No  appointment  made  by  the  mayor  shall  be 
acted  upon  by  the  board  of  aldermen  until  the  expiration 
of  one  week  after  such  appointment  is  transmitted  to  said 
board,  except  by  unanimous  consent  of  said  board.  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  any  officer  so  removed  shall  not 
be  reinstated  save  by  a  three  fourths  vote  of  the  board  of 
aldermen  ;  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, 


Acts,  1893.  — Chap.  UL  1339 

either  personally  or  at  his  last  or  usual  place  of  residence. 
The  city  clerk  shall  keep  such  order  on  tile  and  subject  to 
public  inspection. 

Section  27.     The   mayor   shall    cause   to   be    kept   a  Mayor's  roc. 
record  of  all  his  official  acts,  and  for  that  purpose  and  to  etc.*'"*^"^  *' 
aid  him  in  his  official  duties,  he  may,  without  the  confir- 
mation of  the  board  of  aldermen,  appoint  one  or  more 
clerks. 

Section  28.  All  committees,  the  heads  of  depart-  Estimates. 
ments,  and  all  other  officers  and  boards  having  authority 
to  expend  money  shall  annually,  before  the  tenth  day  of 
January,  furnish  an  estimate  to  the  mayor  of  the  money 
required  for  their  respective  departments  and  offices  for 
one  year  beginning  with  the  first  day  of  December  pre- 
ceding, and  the  mayor  shall  examine  such  estimates  and 
submit  the  same,  with  his  recommendations  thereon,  to 
the  city  council  on  or  before  the  first  day  of  February. 
The  city  council  shall  thereupon  make  the  appropriations 
for  the  financial  year  beginning  with  the  first  day  of  De- 
cember preceding. 

Section  29.  No  sum  appropriated  for  a  specific  pur-  Appropriation, 
pose  shall  be  expended  for  any  other  purpose,  and  no  liabilities,  etc. 
expenditure  shall  be  made  and  no  liability  incurred  by  or 
on  behalf  of  the  city  until  the  city  council  has  duly  voted 
an  appropriation  sufficient  to  meet  such  expenditure  or 
liability,  together  with  all  prior  unpaid  liabilities  which 
are  payable  therefrom,  except  that,  after  the  expiration 
of  the  financial  year  and  before  the  making  of  the  regular 
annual  appropriations,  liabilities  payable  out  of  the  regu- 
lar appropriation  may  be  incurred  to  an  amount  not  ex- 
ceeding one  fourth  the  total  of  the  appropriation  made  for 
similar  purposes  in  the  preceding  year;  2^^'ovided,  hoiv- 
ever,  that  nothing  herein  contained  shall  be  construed  to 
restrict  or  limit  the  school  committee  in  any  expenditure 
which  it  is  now  or  may  be  hereafter  authorized  to  make 
under  the  general  laws  of  the  Commonwealth  relating  to 
schools  and  school  committees. 

Section  30.  The  mayor  shall,  annually,  require  alM^"^"^^'*''''^- 
boards  and  officers  intrusted  with  the  receipt  and  expen- 
diture of  public  money  and  with  the  care  and  custody  of 
public  property,  to  make  and  submit  to  him  particular 
and  detailed  statements  thereof,  and  he  shall  cause  such 
statements  to  be  published  for  the  information  of  the 
citizens. 


1340 


Acts,  1893.  — Chap.  444. 


Ordinance, 
order,  etc.,  in- 
volving an  ex- 
penditure of 
money,  etc. 


City  officers, 
election  by  city 
council. 


Sectiox  31.  Every  ordinance,  order,  resolution  or 
vote  to  which  the  concurrence  of  the  board  of  aldermen 
and  of  the  common  council  may  be  necessary,  except  on  a 
question  of  the  convention  of  the  two  branches,  and  every 
order  of  either  branch  involving  an  expenditure  of  money, 
shall  be  presented  to  the  mayor.  If  he  approve  thereof 
he  shall  signify  his  approval  by  signing  the  same,  but  if 
not  he  shall  return  the  same  with  his  objections  to  the 
branch  in  which  it  originated,  which  shall  enter  the  ob- 
jections of  the  mayor,  at  length,  upon  its  records  and 
proceed  to  recon.'^ider  said  ordinance,  order,  resolution  or 
vote,  and  if,  after  such  reconsideration,  two  thirds  of  the 
board  of  aldermen  or  common  council,  notwithstanding 
such  objections,  vote  to  pass  the  same,  it  shall  be  in  force, 
unless  it  originally  required  concurrent  action,  in  which 
case  it  shall,  together  with  the  objections,  be  sent  to  the 
other  branch  of  the  city  council,  where  it  shall  also  be 
reconsidered,  and  if  approved  by  two  thirds  of  such  other 
branch,  it  shall  likewise  be  in  force.  In  all  cases  the  vote 
shall  be  taken  by  yeas  and  nays.  If  such  ordinance, 
order,  resolution  or  vote  shall  not  be  returned  within  ten 
days  after  it  shall  have  been  presented  to  the  mayor,  the 
same  shall  be  in  force.  He  may  except  from  his  approval 
of  any  ordinance,  order,  resolution  or  vote  of  which  he 
has  the  power  of  veto,  any  portion  involving  a  distinct 
item  of  expenditure  ;  in  such  case  instead  of  returning  the 
original  he  shall  transmit  a  copy  of  such  portion  not  ap- 
proved, which  portion  shall  be  reconsidered  in  the  manner 
and  with  the  effect  above  provided.  The  mayor's  approval 
shall  likewise  be  required  to,  and  he  shall  have  a  similar 
power  of  veto,  and  with  like  limitations,  over  any  order 
or  vote  of  the  board  of  aldermen  which  involves  the  exer- 
cise of  any  of  the  powers  conferred  by  law  upon  the  mayor 
and  aldermen  or  upon  the  board  of  aldermen  as  a  separate 
board,  but  nothing  herein  contained  shall  affect  the  powers 
of  said  board  in  relation  to  votes  cast  at  elections,  nor 
shall  the  veto  power  of  the  mayor  extend  to  elections. 

Section  32.  The  city  council  shall,  annually  in  the 
month  of  January,  by  concurrent  vote,  the  board  of 
aldermen  acting  first,  elect  by  ballot  a  city  treasurer,  a 
collector  of  taxes,  a  city  solicitor,  a  city  auditor,  a  city 
messenger,  a  city  engineer,  a  street  commissioner,  a 
superintendent  of  sewers,  a  superintendent  of  lighting 
streets,  a  water  commissioner,  a  water  registrar,  a  super- 


Acts,  1803.  — Chap.  4-14.  1341 

intcndcnt  of   public   ])iiik]in2:s,  and    an    assistant    supor- 

intcndont    of  public    buildiuijs.      All    the    other    olHcials  Appointmentby 

-        '  ~  .  n      1  •         mayor  and 

necessary  tor  the  management  ot  the  altaivs  ot  the  city  oidermen. 
whose  selection  is  not  otherwise  herein  provided  for,  or 
provided  for  by  the  general  laws  or  by  ordinance,  or  by 
provisions  of  trusts,  shall  be  appointed  by  the  mayor. 
All  ofBcers  appointed  by  the  mayor  shall  be  subject  to 
contirraation  by  the  board  of  aldermen.     The  city  council  Additional 

"  .  .  .    .      "^         ^         .      boards  and 

may,  from  time  to  time,  subject  to  the  provisions  of  this  offices. 
act  and  in  accordance  with  general  laws,  if  they  exist  in 
any  particular  case,  provide  by  ordinance,  by  the  estab- 
lishment of  additional  boards  and  other  offices,  for  the 
construction  and  care  of  the  various  public  works  and 
buildings,  for  the  management  and  control  of  a  public 
library  and  a  public  hospital,  for  the  granting  of  licenses 
other  than  licenses  for  the  sale  of  intoxicating  liquors, 
and  for  other  municipal  purposes,  but  nothing  herein 
contained  shall  be  deemed  to  affect  the  provisions  of 
chapter  one  hundred  of  the  Public  Statutes,  authorizing 
the  appointment  of  license  commissioners  in  the  city  of 
Worcester,  except  as  hereinafter  provided  for  ;  may  deter- 
mine the  number  and  duties  of  the  incumbents  of  such 
boards  and  offices,  and  for  such  purposes  may  delegate  to 
such  boards  and  ofiices  the  administrative  powers  given 
by  general  laws  to  city  councils  and  boards  of  aldermen. 
The  city  council  may  likewise,  from  time  to  time,  con-  changes  in 
solidate  boards  and  offices,  and  may  separate  and  divide  offices".''" 
the  powers  and  duties  of  such  as  have  already  been  estab- 
lished, may  increase  the  number  of  persons  constituting 
either  of  the  boards  hereinbefore  specified,  and  when  such 
increase  has  been  made  may  subsequently  diminish  the 
number,  may  increase  or  diminish  the  number  of  per- 
sons who  shall  perform  the  duties  of  an  office  or  board 
hereafter  established,  as  hereinbefore  provided,  and  may 
abolish  an  office  or  board  so  hereafter  established. 

Sectiox  33.  The  city  council  shall,  by  concurrent  vote.  Assessors  and 
the  board  of  aldermen  acting  first,  eleet  by  ballot  three  asse'ss^'ols. 
persons  to  be  assessors  of  taxes,  one  person  to  be  elected 
in  the  month  of  January  in  each  year,  whose  compensa- 
tion shall  be  fixed  by  concurrent  vote  of  the  city  council, 
and  to  hold  office  for  the  term  of  three  years  from  his 
election.  The  present  assessors  shall  continue  to  hold 
office,  unless  sooner  removed,  for  two  years  from  the  first 
Monday  of  January  next  after  their  election.     In  case  of 


13i2  Acts,  1893.  — Chap.  444. 

a  vacancy  in  the  board  of  assessors  by  death,  resignation, 
removal  or  otherwise,  such  vacancy  shall  be  tilled  by  the 
choice  of  another  in  the  manner  aforesaid,  who  shall  hold 
his  office  for  the  unexpired  term  for  which  the  member  in 
whose  place  he  shall  be  elected  would  have  held  the  same. 
The  maj'or  shall  annually  in  the  mouth  of  April  appoint 
one  person  in  each  ward,  who  shall  be  a  resident  therein, 
to  be  an  assistant  assessor,  and  such  other  persons  at  large 
to  be  assistant  assessors  as  the  city  council  from  time  to 
time  may  by  ordinance  determine.  Such  assistant  assess- 
ors, on  being  confirmed  by  the  board  of  aldermen,  and 
having  been  sworn  to  the  faithful  performance  of  their 
duties,  shall  be  qualified  to  perform  all  the  duties  of  as- 
sistant assessors.  Any  vacancy  occurring  in  any  such 
offices,  whether  from  death,  resignation  or  otherwise, 
shall  be  filled  by  appointment,  by  the  mayor,  of  some 
person  who  shall  serve  during  the  remainder  of  such  un- 
expired term.  All  taxes  shall  be  assessed,  apportioned 
and  collected  in  the  manner  prescribed  by  the  general 
laws  of  the  Commonwealth :  jirovided,  however,  that  the 
city  council  may  establish  fCirther  or  additional  provisions 
for  the  collection  thereof. 
Oy^rseeteotihe  Section  34.  The  board  of  overseers  of  the  poor  shall 
consist  of  nine  members,  residents  of  said  city.  The 
chairman  of  the  committee  on  charities  on  the  part  of  the 
board  of  aldermen,  the  president  of  the  common  council, 
and  the  chairman  of  the  committee  on  charities  on  the 
part  of  the  common  council  shall  be  ex  officio  members 
of  the  board.  The  present  members  of  the  board,  elected 
by  the  city  council,  shall  continue  to  hold  office,  unless 
sooner  removed,  for  three  years  from  the  first  Monday 
of  January  next  after  their  election.  The  city  council 
shall,  by  concurrent  vote,  the  board  of  aldermen  acting 
first,  elect  by  ballot  six  persons  to  be  members  of  said 
board  of  overseers  of  the  poor,  two  to  be  elected  in  the 
month  of  December  in  each  year,  and  to  hold  their  offices 
for  the  term  of  three  years  from  the  first  Monday  of  Jan- 
uary then  next  ensuing,  and  until  others  shall  be  elected 
and  qualified  in  their  places.  Vacancies  occurring  in  the 
board  may  be  filled  by  the  city  council  in  like  manner,  at 
any  time,  the  member  so  elected  to  hold  office  for  the  un- 
expired term  of  the  member  who  has  ceased  to  hold  office. 
The  board  shall  be  organized  annually,  on  the  first  Mon- 
day of  January. 


Acts,  1893.  — Chap.  444.  1343 

Section  35.  The  city  council  shall,  by  concurrent  of'H"\'r'°"'"^'* 
vote,  the  board  of  aldermen  acting  first,  elect  by  ballot  a  cemetery. 
board  of  five  commissioners,  one  meml>er  thereof  to  be 
elected  each  year  in  the  month  of  January,  to  hold  office 
for  the  term  of  five  years,  who  shall  have  the  sole  care, 
superintendence  and  management  of  Hope  cemetery. 
In  case  of  a  vacancy  in  said  board  of  commissioners,  by 
death,  resignation,  removal  or  otherwise,  such  vacancy 
shall  be  filled  by  the  choice  of  another  commissioner,  in 
the  manner  aforesaid,  who  shall  hold  his  office  for  the 
remainder  of  the  term  for  which  the  member  in  whose 
place  he  shall  be  elected  would  have  held  the  same.  Said 
board  may  be  organized  by  the  choice  of  a  chairman  and 
secretary  from  their  own  number,  and  a  major  part  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. Section  one  of  chapter  three  hundred  and  ninety 
of  the  acts  of  the  year  eighteen  hundred  and  fifty-four  is 
hereby  repealed. 

Section  36.  The  mayor  shall  have  authority  to  remove  Romovai  of 
for  cause  any  ofiicer  elected  by  the  city  council  whose  °  ' 
removal  is  not  otherwise  provided  for  by  this  act  or  by 
ordinance,  or  by  provisions  of  trusts,  and  any  oflScer  so 
removed  shall  not  be  reinstated  save  by  a  two  thirds  vote 
of  each  branch  of  the  city  council,  voting  by  yeas  and 
nays.  The  ma3^or  in  his  order  of  removal  shall  assign 
the  cause  for  which  such  action  is  taken,  and  the  removal 
shall  take  efiect  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.  The 
city  treasurer  and  the  collector  of  taxes  may  be  removed 
by  the  affirmative  vote  of  two  thirds  of  all  the  members 
of  each  branch  of  the  city  council.  Every  administrative 
officer  shall,  unless  sooner  removed,  hold  ofiice  until  his 
successor  is  elected  or  appointed  and  qualified. 

Section  37.     All  administrative  officers  shall  be  sworn  oaths  of  office. 
to  the  faithful  discharge  of  their  respective  duties,  and  "^^"""^  *'*''* 
certificates  of  their  oaths  shall  be  made  and  kept  in  the 
office  of  the  city  clerk  ;  and  all   such  boards  and  other 
officers  shall  keep  a  record  of  their  official  transactions, 
and  such  record  shall  be  open  to  public  inspection. 

Section  38.     The  city  council  may  require   the  city  officers  to  give 
clerk,  the  city  treasurer,  the  city  collector,   the  city  au- 
ditor, and  such  other  officers  as  are  intrusted  with  the 


1344 


Acts,  1893.  — Chap.  444. 


Subordinate 
oUicers,  ap- 
poimments, 
records,  etc. 


Powers  and 
duties  of  boards 
and  officers. 


Police  depart- 
ment. 


Fire  depart- 
ment. 


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  39.  The  administrative  boards  and  officers 
hereinbefore  specified  under  this  act,  and  every  adminis- 
trative board  and  officer  hereafter  established  and  pro- 
vided for  by  the  city  council  under  the  provisions  of  this 
act,  and  having  the  charge  of  a  department,  shall  have  the 
power,  except  as  herein  otherwise  provided  or  as  may  be 
hereafter  provided  by  ordinance,  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  employed,  and  of  all  discharged  and  re- 
moved, and,  in  case  of  discharge  and  removal,  of  the 
grounds  therefor. 

Section  40.  The  several  administrative  boards  and 
officers  having  charge  of  departments  shall,  within  their 
respective  departments,  make  and  execute  all  necessary 
contracts,  subject  to  the  provisions  of  section  eighteen  of 
this  act,  employ  all  labor,  purchase  all  materials  and  sup- 
plies, have  charge  of  the  construction,  alteration  and 
repair  of  all  public  buildings  and  works,  have  the  entire 
care,  -custody  and  management  of  all  public  works,  insti- 
tutions, buildings  and  other  property,  and  shall  in  general 
have  the  immediate  direction  and  control  of  all  executive 
and  administrative  business ;  and  they  shall  at  all  times 
be  accountable  for  the  proper  discharge  of  their  duties  to 
the  mayor  as  the  chief  executive  officer  of  the  city.  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  ex- 
penditure shall  be  made  or  liability  incurred  for  any  pur- 
pose beyond  the  appropriations  previously  made  therefor. 

Section  41.  The  city  council  may  establish  a  police 
department,  and  provide  for  the  appointment  of  a  chief 
of  police  and  of  other  members  of  the  ])olice  force  by  the 
mayor,  or  by  a  police  board,  or  for  the  appointment  of 
other  members  of  the  force  by  a  chief  of  police  to  be  ap- 
pointed by  the  mayor. 

Section  42.  The  city  council  may  establish  a  fire 
department,  and  provide  by  ordinance  for  the  election  or 
appointment  of  a  chief  engineer  and  of  other  members 
of  the  department. 


Acts,  1893.  — Chap.  444.  1345 

Section  43.     Every  administrative  board,  through  its  Administrative 
chairman,  and  every  officer  having  charge  of  a  depart-  |^n°fornia°tion*io 
ment,   shall,  at  the  request  of  either  branch  of  the  city ''''y  •=°"°'="' 
council,  appear  before  it  and  give  such  information  as  it 
ma}'  require  in  relation  to  any  matter,  act  or  thing  con- 
nected with  the  discharge  of  the  duties  of  such  lioard  or 
office  ;  and  when  so  re(]uested  to  appear  the  officer  who 
appears  shall  have  the  right  to  speak  upon  all  matters 
under  consideration  relating  to  his  department. 

Section  44.     The  qualitied  voters  of  each  Avard  shall  schooicom- 

^  mittee. 

elect  by  ballot  three  persons  in  each  ward,  who  shall  be 
residents  of  the  ward,  to  be  members  of  the  school  com- 
mittee, one  person  to  be  chosen  in  each  ward  at  their 
respective  annual  meetings  for  the  term  of  three  years ; 
and  the  persons  so  chosen  shall  constitute  the  school  com- 
mittee and  have  the  care  and  superintendence  of  the  pub- 
lic schools.  If  however  in  any  year  there  shall  be  a  new 
division  of  the  city  into  wards,  the  terms  of  office  of  all 
the  members  of  the  school  committee  shall  expire  at  the 
end  of  the  municipal  year  in  which  such  division  is  made ; 
and  at  the  municipal  election  occurring  in  such  year  three 
members  shall  be  elected  by  the  qualified  voters  of  each 
w^ard ;  one  to  hold  office  for  one  year,  one  for  two  years 
and  one  for  three  years  from  the  first  Monday  in  January 
next  ensuing.  Thereafter  annually  there  shall  be  elected 
from  each  ward  one  member  of  the  school  committee,  to 
hold  office  for  the  three  municipal  years  next  succeeding 
such  election. 

Section  45.  In  case  of  a  vacancy  in  or  non-election  vacancies. 
to  the  office  of  a  member  of  the  school  committee,  the 
mayor  shall  call  a  joint  convention  of  the  board  of  alder- 
men and  of  the  school  committee,  at  which  the  president 
of  the  board  of  aldermen  shall  preside,  and  such  vacancy 
shall,  by  vote  of  a  majority  of  all  the  members  of  the  two 
bodies,  be  filled  by  the  election  of  a  member  according  as 
the  vacancy  or  non-election  exists,  to  serve  until  the  end 
of  the  municipal  year  in  which  the  w^arrant  for  the  next 
annual  municipal  election  shall  be  issued  ;  and  at  such  elec- 
tion the  further  vacancy,  if  any,  shall  be  filled  for  the 
remainder  of  the  unexpired  term  in  the  same  manner  as 
the  meml)er  whose  office  is  vacant  was  elected. 

Section  46.     The  school  committee  shall  meet  on  the  organization, 
first  Tuesday  in  each  municipal  year,  and  organize  by  the  <i"°''"™' «'<>• 
election  by  ballot  of  one  of  its  members  as  chairman  and 
by  the  election  of  a  clerk.     The  mayor  may  be  present 


1346 


Acts,  1893.  — Chap.  444. 


Superintendent 
of  schools, 
officers,  etc. 


Powers  and 
duties  of  school 
committee. 


Estimates. 


School  accom- 
luodatioDS. 


at  all  sessions  of  the  school  committee,  and  when  present 
he  may  participate  in  the  discussions  or  preside,  but  shall 
have  no  right  to  vote.  The  committee  shall  be  the  judge 
of  the  election  and  qualification  of  its  meml)ers  and  shall 
determine  the  rules  for  its  proceedings.  A  majority  of 
the  whole  number  provided  to  be  elected  shall  constitute 
a  quorum  for  the  transaction  of  business,  but  a  smaller 
number  may  adjourn  from  time  to  time. 

Section  47.  The  school  committee  may  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 
duties  and  fix  their  compensation,  and  may  remove  and 
discharge  them  at  pleasure. 

Section  48.  The  school  committee  shall  exercise  the 
powers  and  discharge  the  duties  imposed  by  law  upon 
school  committees.  All  orders,  resolutions  or  votes  of 
the  school  committee,  except  those  fixing  salaries,  which 
involve  the  expenditure  of  money,  shall  be  presented  to 
the  mayor  for  his  approval,  and  thereupon  the  same  pro- 
ceedings shall  be  had  by  the  mayor  and  the  school  com- 
mittee as  are  provided  in  section  thirty-one  of  this  act  to 
be  had  by  the  mayor  and  a  single  branch  of  the  city 
council  ;  but  nothing  in  this  act  contained  shall  affect  the 
powers  or  duties  of  said  committee  in  relation  to  votes 
cast  at  elections. 

Section  49.  The  school  committee  shall,  in  the  month 
of  January  in  each  year,  submit  to  the  mayor  an  estimate 
in  detail  of  the  amount  deemed  by  it  necessary  to  expend 
for  its  purposes  during  the  succeeding  financial  year,  and 
the  mayor  shall  transmit  the  same,  with  the  estimates  of 
the  departments,  to  the  city  council,  and  shall  recommend 
suf  h  appropriations  as  he  shall  deem  necessaiy. 

Section  50  The  school  committee  shall  be  the  origi- 
nal judges  of  the  expediency  and  necessity  of  having 
additional  or  improved  accommodations  for  any  public 
school  within  the  limits  of  the  city  ;  and  whenever,  in 
their  opinion,  a  schoolhouse  is  required,  or  material  altera- 
tions are  needed,  they  shall  send  a  communication  to  the 
city  council  stating  the  locality  and  the  nature  of  the 
further  provisions  for  schools  which  are  needed  :  and  no 
schoolhouse  shall  be  located,  built  or  materially  altered 
until  the  school  committee  shall  have  approved  of  the 
proposed  location  and  plans. 


Acts,  1893.  — Chap.  444.  1347 

Section    51.      No    street   or   way    shall    hereafter   be  streets,  etc., 
opened  over  any  private  land  by  the  owners,  lessees  or  ^8^'^"'° 
occupants  thereof,  and  dedicated  to  or  permitted  to  be 
used  by  the  public,  until  the  width,  location  and  grade 
of  the  same  shall  have  been  approved  by  the  mayor  and 
board  of  aldermen. 

Section  52.     The  provisions  of  chapter  three  hundred  ciyii  service 

'■        ,  1  rules,  etc. 

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  thereof,  shall  have  full  force,  application  and 
etl'ect. 

Section  53.     Nothing  contained  herein  shall  be  con- Not  to  affect 
strued  to  aftect  the  authority,  power,  privileges,  rights  ^'^^|"«' po^«"> 
and  obligations  created  and  given  by  any  special  act  of 
the  general  court,  and  now  vested  in  and  exercised  by 
the  city  of  Worcester,   unless  specifically  mentioned  in 
this  act. 

Section  54.      The  powers  and  duties   given  to    and  Board  of  license 

1  O  commissioners. 

imposed  upon  the  mayor  and  aldermen  of  cities  by 
chapter  one  hundred  of  the  Public  Statutes  shall  be  ex- 
ercised in  the  city  of  Worcester  by  a  board  of  license 
commissioners,  and  such  board  shall  consist  of  three  in- 
habitants of  said  city,  to  be  appointed  by  the  mayor  in 
March,  and  confirmed  by  the  city  council  thereof,  and 
shall  hold  office  until  the  first  day  of  March  next  after 
their  appointment  or  until  their  successors  are  appointed 
and  confirmed,  and  shall  receive  such  compensation  as  the 
city  council  may  determine. 

Section  55.  All  acts  and  parts  of  acts  inconsistent  Repeal. 
with  this  act  are  hereby  repealed :  provided,  hoicever, 
that  the  repeal  of  the  said  acts  shall  not  affect  any  act 
done  or  any  right  accruing  or  accrued  or  established,  or 
any  suitor  proceeding  had  or  commenced  in  any  civil  case 
before  the  time  when  such  repeal  shall  take  effect ;  and 
that  no  offence  committed  and  no  penalty  or  forfeiture 
incurred  under  the  acts  hereby  repealed,  and  before  the 
time  When  such  repeal  shall  take  effect,  shall  be  afi'ected 
by  the  repeal  ;  and  that  no  suit  or  prosecution  pending  at 
the  time  of  the  said  repeal,  for  any  offence  committed  or 
for  the  recovery  of  any  penalty  or  forfeiture  incurred 
under  the  acts  hereby  repealed,  shall  be  affected  by  such 
repeal;  'xad^  provided,  also,  except  as  herein  otherwise  rersons  in  office 
provided,  that  all  persons  who,  at  the  time  when  the  said  ° ''^^  "*"*•  ®'^<^- 


1318 


Acts,  1893.  — Chap.  444. 


Ordinance,  etc., 
to  continue,  etc. 


Not  to  revive 
acts,  etc. 


To  be  submitted 
to  voters 
at  next  annual 
city  election. 


Questions  to  be 
voted  on,  etc. 


repeal  shall  take  eifect,  shall  hold  any  office  under  the  said 
acts,  shall  continue  to  hold  the  same  according  to  the 
tenure  thereof;  and  provided,  also,  that  all  the  by-laws 
and  ordinances  of  the  city  of  Worcester  which  shall  be  in 
force  at  the  time  when  the  said  repeal  shall  take  effect, 
and  which  are  not  inconsistent  with  the  provisions  of  this 
act,  shall  continue  in  force  until  the  same  are  repealed  by 
the  city  council,  and  all  officers  elected  under  such  by- 
laws and  ordinances  shall  continue  in  office  according  to 
the  tenure  thereof. 

Section  5(5.  No  act  which  has  been  heretofore  re- 
pealed shall  be  revived  by  the  repeal  of  the  acts  men- 
tioned in  the  preceding  section. 

Section  57.  This  act  shall  be  submitted  to  the  quali- 
fied voters  of  the  city  of  Worcester  for  acceptance  at  the 
annual  city  election  in  the  year  eighteen  hundred  and 
ninety-three;  and  the  city  clerk  shall,  not  less  than  one 
week  before  said  election,  transmit  by  mail  or  otherwise 
to  eveiy  registered  voter  in  said  city  a  copy  of  this  act. 
The  vote  shall  be  taken  by  ballot  in  answer  to  the  follow- 
ing questions  : 

( 1 )  Shall  an  act  passed  by  the  general  court 
in  the  year  eighteen  hundred  and  ninety-three, 
entitled  "An  act  to  revise  the  charter  of  the 
city  of  Worcester",  be  accepted? 

(2)  Shall  the  aldermen  be  elected  by  the 
system  of  minority  representation  ? 

(3)  Shall  the  power  to  grant  licenses  for  the 
sale  of  intoxicating  liquors  be  exercised  by  a 
board  of  license  commissioners? 

If  the  larger  number  of  votes  upon  the  first  question 
is  in  the  affirmative  this  act  shall  take  effect  on  the  first 
Monday  of  January  next  ensuing,  and  shall  be  applicable 
to  the  organization  of  the  new  government  for  the  ensuing 
year.  If  the  larger  number  of  votes  upon  the  second 
question  is  in  the  afiirmative  then  only  so  much  of  section 
nine  shall  take  eifect  as  is  contained  in  the  form  numbered 
Form  Two,  and  if  the  larger  number  of  votes  thereon  is 
in  the  negative  only  so  much  of  section  nine  shall  take 
efi'ect  as  is  contained  in  the  form  numbered  Form  One. 
If  the  larger  number  of  votes  upon  the  third  question  is 
in  the  affirmative,  section  fifty-four  shall  take  eflfect  and 
form  a  part  of  this  act,  and  if  the  larger  number  of  votes 
thereon  is  in  the  neo;ative  it  shall  not  take  effect  and  shall 


YES. 

SO. 

YKS. 

NO. 

YES. 

KO. 

Acts,  1893.  — Chap.  415.  1.349 

not  1)0  (loomed  to  form  any  part  of  this  act.  If  the  larger 
number  of  votes  upon  the  tirst  question  is  in  the  negative 
then  no  part  of  this  act  shall  take  etlect  except  as  pro- 
vided in  the  following  section. 

Sectiox  58.     So  much  of  this  act  as  authorizes  the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the  voters  "'^^*'''"^" 
of  said  city  shall  take  effect  upon  its  passage,  but  it  shall 
not  further  take  effect  unless  accepted  by  the  voters  of 
said  city  as  herein  provided.         Approved  Jane  9,  1S93. 


ChapAiB 


An  Act  relating  to  the  overlay  of  taxes. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     Section  one  of  chapter  two  hundred  and  a^of;,^^'^' §^' 
forty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three   is   hereby  amended    by  inserting  after   the 
word  "void",  in  the  ninth  line  of  said  section,  the  fol- 
lowing words  :  —  but  the  assessors  may,  for  the  purpose  of 
avoiding  fractional  divisions  of  the  amount  to  be  assessed 
in  the  apportionment  thereof,  add  to  that  amount  a  sura 
not  exceeding  five  per  cent,  thereof,  and  this  overlay  is 
authorized  notwithstanding  the  limit  of  taxation  provided 
by  this  act  may,  by  such  overlay,  be  exceeded,  —  so  as  to 
read  as  follows:  —  /Section  1.     In  every  city  containing  Tax  rate  in  cer. 
less  than  one  hundred  thousand  inhabitants  the  taxes  as-  bebaeedon"^ 
sessed  on  property,  exclusive  of  state  tax,  county  tax,  and  ^■'''''a'ipn  of 
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  taxable 
property  therein  for  the  preceding  year,  said  valuation 
being  first  reduced  by  the  amount  of  all  abatements  al- 
lowed thereon  previous  to  the  thirty-first  day  of  Decem- 
ber in  the  year  preceding  said  assessment,  and  any  order 
or  appropriation   requiring   a    larger  assessment  than  is 
herein  limited  shall  be  void  ;  but  the  assessors  may,  for 
the  purpose  of  avoiding  fractional  divisions  of  the  amount 
to  be  assessed  in  the  apportionment  thereof,  add  to  that 
amount  a  sum  not  exceeding  five  per  cent    thereof,  and 
this  overlay  is  authorized    notwithstanding   the  limit  of 
taxation  provided  by  this  act,  may,  by  such  overlay,  be 
exceeded  ;  but  the  city  council  of  any  city  coming  within  cityconncii 
the  provisions  of  this  act  may,  in  any  year,  decide  that  t^xL  Thairhe "" 
the  taxes  assessed  shall  be  raised  in  accordance  with  the  l^nctVhbmf' 
provisions  of  section  one  of  chapter  three  hundred  and  ^^^'  §^- 


1350  Acts,  1893.  — Chaps.  446,  447. 

twelve  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five. 

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

Approved  June  9,  1893. 

G/irt?9.44()      -^^   -^CT  TO   LEGALIZE   CERTAIN   BONDS   OF  THE   CITY   OF   EVERETT. 

Be  it  enacted^  etc.,  asfolloivs: 

mayiwcer"       Sectiox  1.     The  city  of  Evcrctt  is  hereby  authorized 
tain  scrip  or       iq  issuc  scrio  or  bouds    to  the  amount,  upon  the  terms 

bonds.  ,.    .     *  1^1  •  1     1    •         1 

and  conditions,  and  tor  the  j)urposes,  provided  in  chapter 
one  hundred  and  forty-nine  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-one  and  chapter  one  hundred  and 
eighty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two,  respectively,  authorizing  the  town  of  Everett 
to  issue  scrip  or  bonds  for  extending  and  improving  its 
water  supply  and  funding  its  water  debt.  The  scrip  or 
bonds  shall  be  authorized  from  time  to  time  by  the  city 
council  and  signed  by  the  treasurer  and  water  commis- 
sioners, and  approved  by  the  mayor  of  the  city  of  Everett. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Apjjroved  June  9,  1893. 

(JJiap.4i47  ^^   ^CT  RELATING  TO   THE   PUNISHMENT   OF   DRUNKENNESS. 

Be  it  enacted,  etc.,  as  follows : 

\lll]tol',^^''  Section  1.     Section  five  of  chapter  four  hundred  and 

amended.  twcuty-seven  of  the  acts  of  the  year  eighteen  hundred 

and  ninety-one  as  amended  by  chapter  three  hundred  and 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  is  hereby  amended  by  inserting  at  the  end  of  the  sec- 
tion, the  following  words  :  —  or  he  may  be  punished  by  a 
fine  not  exceeding  fifteen  dollars,  and  in  case  of  the  non- 
payment of  such  fine,  shall  be  committed  to  the  jail,  house 
of  industry  or  house  of  correction,  or  to  the  workhouse, 
if  there  is  any  which  has  a  criminal  department,  in  the 
city  or  town  where  the  offence  was  committed,  until  the 
fine  is  paid,  not  however  exceeding  thirty  days, — so  as 
Punubraent  for  ^q  yQ^d  as  follows  :  —  Sectioii  5.     If  a  male  person  is  con- 

druiikennees.  .  -,       i.   ■>  ^  ii  i  n  •  •         • 

victed  oi  drunkenness  by  the  voluntary  use  oi  intoxicating 
liquor,  he  may  be  punished  by  imprisonment  in  the  jail, 
or  in  any  place  provided  by  law  for  common  drunkards, 
for  not  more  than  one  year ;  or,  if  such  person  is  not 
above  thirty-five  years  of  age,  he  may  be  punished  by 
imprisonment  in  the  Massachusetts  reformatory,  as  pro- 


Acts,  1893.— Chap.  M8.  1351 

vided  l)v  chsipter  three  hundred  and  twenty-three  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six.  If  a 
female  person  is  so  convicted  she  may  be  punished  by 
imprisonment  in  the  jail,  or  in  any  place  provided  by  law 
for  common  drunkards,  for  not  more  than  one  year,  or  in 
the  reformatory  prison  for  women  for  not  more  than  two 
years  :  provided,  however,  that  if  the  person  so  convicted 
shall  satisfy  the  court  or  trial  justice,  by  his  own  state- 
ment or  otherwise,  that  he  has  not  been  arrested  for 
drunkenness  twice  l)efore  within  the  twelve  months  next 
preceding,  or  that  having  been  so  arrested  he  has  been 
tried  and  acquitted  in  one  of  the  cases,  his  case  may  be 
placed  on  tile,  or  he  may  be  punished  by  a  fine  not  ex- 
ceeding fifteen  dollars,  and  in  case  of  the  non-payment  of 
such  fine,  shall  be  committed  to  the  jail,  house  of  industry 
or  house  of  correction,  or  to  the  workhouse,  if  there  is 
any  which  has  a  criminal  department,  in  the  city  or  town 
where  the  offence  was  committed,  until  the  fine  is  paid, 
not  however  exceeding  thirty  days. 

Section  2.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  July  of  the  current  year.  Approved  June  9,  1893.        "'^  ^'  ^^^'" 

Ax  Act  to  authorize  the  board  of  aldermen  of  the  city  of  rijjf^,^-.  44ft 
maldex  to  grant  locations  in  said  city  to  the  west  end  "^ 

street  railway  COMTANY. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     The    board  of  aldermen   of  the   city  of  Locations  and 

-.,,,  I'l  1  •  •  •!•  rights  may  be 

Maiden  are  authorized  to  grant  locations  in  said  city  to  granted  to  west 
the  West  End  Street  Railway  Company,  and  the  present  way  company." 
board  maj^  grant  the  right  to  use  the  electric  system  of 
motive  power  in  the  operation  of  the  cars  of  said  com- 
pany in  said  city,  and  to  erect  and  maintain  the  poles, 
wires  and  apparatus,  and  make  the  underground  and  sur- 
face alterations  of  the  streets  necessary  for  that  purpose, 
on  such  terms  and  conditions,  including  rates  of  fare  and 
routes  of  cars,  as  shall  be  agreed  upon  between  said  board 
and  said  company. 

Section  2.     Neither  this  act  nor  any  contract  made  Not  to  affect 
under  it  shall  be  construed  to  affect  any  right  to   alter  "s^'s-^'c. 
or  revoke  locations,  or  limit  the  operation  of  any  general 
law  relating  to  street  railways,  whether  now  or  hereafter 
passed ;  and  any  act  done  or  contract  made   hereunder 
may  be  annulled  by  act  passed  by  the  general  court. 

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

Approved  June  9,  1893. 


1352 


Acts,  1893. 


Chaps.  449,  450. 


C/i«7?.449  ^^  ^^'^  TO  AUTHORIZE  THE  CITY  OP  FALL  RIVER  TO  INCUR  IN- 
DEBTEDNESS BEYOND  THE  LIMIT  FIXED  BY  LAW,  FOR  SCHOOL 
PURPOSES.  4 

Be  it  enacted^  etc.,  as  folloivs : 

debiednZaZt        Section  1.     TliG  citj  of  Fall  River,  for  the  purpose 
school  purposes  of  erectiiio'  and  repairiiio-  schoolhouses  in  said  city,  may 

beyond  the  debt    .  •      i    "i  i  ,  i       i         i-       •,      r-         i     i         i  \ 

limit.  incur  indebtedness  beyond  the  limit  nxed  by  law,  to  an 

amount  not  exceeding  one  hundred  and  fifty  thousand 
dolhirs,  and  may  issue  bonds,  notes  or  scrip  therefor, 
payable  in  periods  not  exceeding  twenty  years  from  the 
date  of  issue  ;  but  the  provisions  of  chapter  twenty-nine 
of  the  Public  Statutes  and  chapter  one  hundred  and 
twenty-nine  of  the  acts  of  the  year  eighteen  huncired  and 
eighty-four  shall  otherwise  apply  to  such  indebtedness, 
and  to  the  establishment  of  a  sinking  fund  for  the  pay- 
ment thereof  at  maturity. 

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

Approved  June  9,  1893. 


ChapA50 


Beacon  Hill 
place  in  Boston 
may  be  taken, 
etc. 


A  description 
of  land  taken, 
to  be  recorded 
in  registry  of 
deeds,  etc. 


Damages. 


An  Act  to  provide  for  taking  beacon  hill  place  in  boston. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  securing  an  open  space 
around  the  state  house,  the  state  house  construction  com- 
missioners are  hereby  authorized,  in  the  name  and  behalf 
of  the  Commonwealth,  to  take  by  purchase  or  otherwise, 
within  three  months  after  the  passage  of  this  act,  all  the 
land  in  the  city  of  Boston  now  used  as  a  passageway, 
called  Beacon  Hill  place,  bounded  easterly  by  Bowdoin 
street ;  southerly  by  land  of  the  Commonwealth  ;  west- 
erly by  Mount  Vernon  street,  and  northerly  by  land  of 
the  Commonvyealth. 

Section  2.  Said  commissioners  shall,  within  sixty 
days  after  the  taking  of  any  lands,  otherwise  than  by  pur- 
chase, cause  to  be  recorded  in  the  registry  of  deeds  for 
the  county  of  Sutlblk  a  description  of  the  lands  so  taken, 
as  certain  as  is  required  in  a  common  conveyance  of  lands, 
with  a  statement  that  said  lands  are  taken  under  the 
authority  of  this  act ;  and  the  title  of  any  lands  so  taken 
shall  vest  absolutely  in  the  Commonwealth  in  fee. 

Section  3.  The  Commonwealth  shall  pay  all  damages 
sustained  by  any  person  or  persons  in  their  property  by 
such  taking ;   and  if  any  person   sustaining  damage  and 


Acts,  1893.  — Chap.  451.  1353 

said  commissioners  fail  to  agree  as  to  the  amount  of  dam- 
ages so  sustained,  said  person  or  said  commissioners  may, 
within  one  3U?ar  from  such  taking,  file  in  the  ofiice  of  the 
clerk  of  the  superior  court  for  the  county  of  Sulfolk  a 
petition  for  a  jury  to  determine  such  damages,  and  there- 
upon, after  such  notice  as  said  court  shall  oixler,  the  dam- 
ages shall  be  determined  by  a  jury  in  said  court,  in  the 
same  manner  as  damages  for  lands  taken  for  highways  in 
said  city  are  determined,  and  costs  shall  be  taxed  as  in 
civil  cases.  Said  damages  and  the  amounts  agreed  to, 
■where  the  terms  of  purchase  are  established  by  agreement, 
shall  be  paid  from  the  treasury  of  the  Commonwealth,  in 
the  same  manner  as  other  lawful  claims,  upon  the  execu- 
tion of  such  release  or  conveyance  by  the  party  in  interest 
as  shall  be  prescribed  by  the  attorney-general. 

Section  4.     The  state  house  construction  commission-  ornamental 
ers  are  hereby  authorized  to  lay  out  such  land,  by  change  fhanges'in 
of  grade  or  otherwise,  as  may  seem  best  for  use  as  orna-  fgel^'etc!"^ 
mental  grounds.     They  may  also,  in  behalf  of  the  Com- 
monwealth, agree  with  the  city  of  Boston  in  regard  to  any 
chanjres  of  grade  in  streets  on  which  the  Commonwealth's 
land  is  bounded,  and  may  waive  all  or  any  grade  damages 
or  claims  for  land  taken  for  street  widenings. 

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

Approved  June  9,  1893. 

An  Act  to  authorize  the  old  colony  kailroad  company  to  (JJiapABl 

ACQUIRE   THE   FRANCHISES     AND    PROPERTY    OF    CERTAIN    OTHER 
CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Old  Colony  Railroad  Company  may  May  acquire 

ft,.  ...  'ii  i  -I     r  !•  /?    franchises,  etc., 

•om  tune  to  tmie  acquire  the  property  and  trancliises  ot  of  other  corpo- 

railroad  corporations  now  leased  to  it,  or  of  which  it  now  'a^^o^s,  etc. 
owms  a  majority  of  the  stock,  either  by  purchase  thereof 
or  by  exchange  of  its  stock  for  that  of  any  of  said  cor- 
porations upon  such  terms  and  conditions  as  may  be 
agreed  upon  by  its  directors  and  those  of  the  other  cor- 
poration, and  approved  by  vote  of  a  majority  in  interest 
of  its  stockholders  and  of  such  other  corporation,  present 
and  voting  at  meetings  duly  called  for  that  purpose ;  and 
upon  such  acquisition  shall  in  each  case  succeed  to  and 
have  all  the  franchises  and  property  and  be  subject  to  all 
the  duties  and  liabilities  of  such  corporation,  but  it  shall 
not  thus  acquire  the  properties  and  franchises  of  any  cor- 


1354  Acts,  1893.  — Chaps.  452,  453. 

poration  except  upon  terms  first  approved  in  writing  by 
the  board  of  railroad  commissioners. 
Mofk'^ofoTd  Section  2.     Said  company  may  also  acquire  the  capital 

co_|o^y  Steam-    stock  of  the  Old  Colony  Steamboat  Company,  not  now 
etc.  '    owned  by  it,  upon  such  terms  and  conditions,  either  of 

purchase  or  of  exchange  of  its  own  stock  therefor,  as  may 
be  in  writing  first  approved  by  the  board  of  railroad  com- 
missioners. 
May  issue  addi-       Section    3.     For   the    purposc   of    any   exchano-e    or 

tional  stock,  etc.  .  i-i.i  "  c  ^ 

purchase  herein  authorized  said  company  may,  alter  the 
approval  thereof  by  the  railroad  commissioners,  issue 
additional  stock,  to  be  sold  at  public  auction,  in  the  man- 
ner provided  by  section  fifty-nine  of  chapter  one  hundred 
and  twelve  of  the  Public  Statutes,  to  such  an  amount  as 
the  railroad  commissioners  may  approve. 

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

Approved  June  .9,  1893. 

C7lCtV'4i5^  ^^  ^^^    ^^    ESTABLISH     THE    SALARY    OF    THE    OFFICIAL    STENOG- 
RAPHER FOR  THE   COUNTY   OF   MIDDLESEX. 

Be  it  enacted^  etc. ,  as  follows : 

ttllwi^ll.^^  Section  1.  The  stenographer  appointed  by  the  justices 
of  the  superior  court  for  the  county  of  Middlesex  shall 
receive  such  salary  as  said  justices  of  the  superior  court, 
or  a  majority  of  them,  may  fix  and  establish,  not  however 
exceeding  the  sum  of  two  thousand  five  hundred  dollars  a 
year,  to  be  so  allowed  from  the  first  day  of  February  in  the 

Fees  for  copies   year  eighteen  hundred  and  ninety-three.      All  sums  of 

county  treasury,  mouey  rcceivcd  for  copies  by  any  official  stenographer  for 
said  county  of  Middlesex  shall  be  paid  into  the  treasury 
of  said  county. 

^^P^*'-  Section  2.     So   much    of  chapter   two   hundred    and 

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

eighty -five  as  is  inconsistent  herewith  is  hereby  repealed. 

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

Approved  June  9,  1893. 

ChClvA53   ^^   ^^^    PROVIDING    FOR    THE    REMOVAL    OF    THE    COMMISSIONEUS 

OF   PRISONS. 

Be  it  enacted,  etc. ,  as  follows : 
Removal  of  Section  1.     The  govcHior  is  hereby  gi'vcn  full  authority 

comraissioners      ,  .1  1  £-  J.^        1  i       c 

ofpriBons.  to  I'cmove  at  pleasure  any  member  or  the  board  or  com- 
missioners of  prisons. 

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

Aj^proved  June  9,  1893. 


Acts,  1893.  — Chap.  454.  1355 

Ax   Act  kelative  to  the   estabusiiment  of   municipal   gas  Q^iny)  454 

AND   ELECTHIC   LIGHTING   PLANTS. 

JBe  it  enacted,  etc.,  asfoUoius: 

Section  1.     lu  case  of  the  purchase  by  a  city  or  town,  PurchaBcof 

d,    .  !•    ji  •    •  <■     I     '     ,         ji  outlying  prop- 

er aiul  HI  pursuance  or  tlie  provisions  or  chai)ter  three  enyofttasor 

hundred  and  seventy  of  the  acts  of  the  year  eiijhteen  hun-  pian't?*^ ''^"^^ 

dred  and  ninety-one,  of  a  gas  or  electric  light  plant,  or 

both,  having  mains,   poles,   wires    or  other   distributing 

apparatus,  lying  or  being  in  any  adjoining  city  or  town, 

said  j)urchasing  city  or  town  shall  have  the  right  at  its 

election,  if  there  be  no  other  private  company  engaged  in 

the  same  kind  of  lighting  business  in  such  adjoining  city 

or  town,  to  purchase  the  outlying  mains,  poles,  wires  and 

other  distributing  apparatus  in  any  such  adjoining  city 

or  town,  in  the  manner  and   subject   to  the    provisions 

specified  in  sections  twelve,  thirteen  and  fourteen  of  said 

chapter. 

Section  2.     Any  city  or  town  having  acquired  a  main  oasoreiec 

1  J       1      1       J     •      !•     1  ■•  II-  11'  tricity  may  be 

gas  w'orks  or  central  electric  litrhting  station,  and  havinof  fuinuhedto 
acquired,  as  hereinbefore  provided,  outlying  plant,  means  or^ownfetc? 
of  distril)ution  or  property,  in  an  adjoining  city  or  town, 
used  for  the  supply  or  distribution  from  such  works  or 
station  to  said  city  or  town  or  inhabitants  thereof,  of  gas 
or  electricity,  may  thereafter  manufacture,  sell,  distribute 
and  supply  to  said  city  or  town  or  inhabitants  thereof,  gas, 
if  such  outlying  plant  be  a  gas  plant,  or  electricity,  if  it 
be  an  electric  light  plant ;  and  shall  succeed  to,  have  and 
enjoy  in  said  city  or  town,  the  same  rights  and  franchises 
respecting  such  sale  and  distribution  and  extensions  of  its 
plant  as  the  person,  firm  or  corporation  selling  such  out- 
lying plant  would  have  had  if  such  sale  had  not  been  made, 
and  be  subject  to  the  same  limitations  and  obligations  in 
the  use  and  exercise  of  such  rights  and  franchises;   and  Adioining city 
such  adjoining  city  or  town  within  the  limits  of  which  chase  plant  and 
such  outlying  plant  is  located  shall,  if  it  shall  establish  a  ^'™  ^i    ,     . 
gas  or  electric  lighting  plant  of  its  own,  under  the  provi- 
sions of  said  chapter  three  hundred  and  seventy,  be  held 
to  purchase  and  shall  purchase  the  plant  and  property 
owned  by  the  other  city  or  town  and  used  for  like  pur- 
pose within  its  limits,  under  the  provisions  of  sections 
twelve,  thirteen  and  fourteen  of  said  chapter,  in  like  man- 
ner as  if  the  same  were  the  plant  of  a  private  person,  firm 
or  corporation:  provided, fm^iher^,  that  in  such  case  the  Proviso. 


1356 


Acts,  1893.  — Chap.  454. 


statement,  etc. 
to  be  filed  by 
owner  of  gas 
or  electric  light 
iDg  plant. 


Schedule,  etc., 
of  property  in 
adjoining  city 
or  town;  ex- 
amination, etc. 


city  or  town  owning  such  outlying  plant  or  property  shall 
have  no  right  to  refuse  to  sell  the  same  to  the  city  or  town 
within  the  limits  of  which  the  same  is  located,  w^hen 
requested  thereby,  but  shall,  within  thirty  days  after  a 
demand  therefor,  tiled  with  its  clerk  by  the  latter  city  or 
town,  tile  with  the  clerk  of  the  latter  city  or  town  a  sched- 
ule of  said  property  and  plant  located  within  the  limits 
of  the  latter,  as  provided  for  in  said  section  thirteen  ;  and 
thereafter  said  city  or  town  owning  the  same  shall  sell, 
and  said  city  or  town  within  the  limits  of  which  the  same 
is  located  shall  buy,  the  same,  under  the  provisions  of 
said  sections  twelve,  thirteen  and  fourteen  ;  and  thereafter 
the  rights  of  the  selling  city  or  town  to  maintain  a  gas  or 
electric  light  plant,  or  to  sell  gas  or  electricity  within  the 
limits  of  the  purchasing  city  or  town,  shall  cease  and  deter- 
mine as  to  the  plant  sold. 

Section  3.  VV' hen  the  tirst  of  the  two  votes  provided 
for  in  section  seven  of  this  act  shall  have  been  passed  in 
any  city,  or  the  first  of  the  two  votes  provided  for  in  sec- 
tion three  of  said  chapter  three  hundred  and  seventy  shall 
have  been  passed  in  any  town,  any  person,  firm  or  corpo- 
ration owning  a  plant  in  such  city  or  town,  of  the  nature  of 
that  to  be  established  if  the  city  or  town  shall  complete  its 
decision,  and  desiring  to  retain  the  right  to  enforce  the 
obligation  of  such  city  or  town  to  purchase  such  plant, 
under  section  thirteen  of  said  chapter,  shall,  within  thirty 
days  after  written  request  therefor,  authorized  by  the  city 
council  and  made  by  the  mayor,  if  such  plant  be  in  a  city, 
or  authorized  and  made  by  the  selectmen,  if  in  a  town, 
make  and  file  with  the  clerk  of  the  city  or  town  wherem 
the  central  lighting  plant  is  located,  a  detailed  statement 
of  all  the  property  and  plant  of  such  person,  firm  or  cor- 
poration then  existing,  which  such  person,  firm  or  corpo- 
ration may  propose  to  sell  to  such  city  or  town  if  it  shall 
complete  its  decision  to  establish  a  plant,  with  the  terms 
of  sale  proposed  therefor.  If  any  of  said  plant  or  prop- 
erty lies  or  is  in  an  adjoining  city  or  town  which,  under 
the  terms  of  section  one  of  this  act,  the  city  or  town  would 
after  its  said  decision  have  the  right  to  buy,  a  separate 
schedule  of  the  plant  or  property  in  each  adjoining  city  or 
town  shall  be  filed  as  aforesaid,  with  the  terms  of  sale  pro- 
posed therefor  ;  and  such  person,  firm  or  corporation  filing 
such  schedule  in  a  city  shall,  at  all  reasonable  times  there- 
after, allow  examinations  of  all  the  property  scheduled  or 


Acts,  1893.  — Chap.  454.  1357 

used  in  business  in  connection  with  the  scheduled  })roperty, 
to  the  mayor  thereof  and  any  committee  of  the  city  coun- 
cil selected  by  him,  with  an}'  experts  deemed  by  him 
necessar}^  to  determine  the  value  of  such  property,  and 
submit  to  inspection  such  ])iopcrty  when  called  for  by  said 
mayor  ;  and  the  same  examination  and  inspection  shall  be 
allowed  to  the  selectmen  of  any  town  wherein  such  schedule 
is  filed,  and  to  such  experts  selected  by  them.  The  reason- 
able expenses  of  making  such  detailed  statement  or  caused 
by  such  examination  or  inspection  shall  be  paid  by  the 
city  or  town  requesting:  the  same. 

Section  4.  Tire  city  or  town  required  by  the  party  DeciBicnasto 
filing  the  schedule  to  make  the  purchasoi^  as  provided  in  fy^ngpropeny,' 
section  thi-ee  of  this  act,  may,  at  any  time  within  sixty  ®'°' 
days  after  the  filing  thereof,  by  vote  of  its  city  council,  in 
case  of  a  city,  or  of  its  legal  voters  at  a  town  meeting 
duly  called  for  the  purpose,  in  case  of  a  town,  decide  as 
to  the  property  in  either  city  or  town  adjoining  it  which 
it  shall  have  the  right  to  buy  under  this  act,  as  to  whether 
it  shall  be  included  with  the  property  concerning  which 
the  questions  of  purchase  are  to  be  decided,  under  said 
chapter  three  hundred  and  seventy,  and,  upon  said  vote, 
said  city  or  town  shall  be  under  the  same  obligations  and 
have  the  same  rights  as  to  the  purchase  of  such  outlying 
])roperty  as  if  the  same  were  within  its  limits  ;  but  such 
vote  shall  not  prejudice  the  right  of  the  city  or  town  vot- 
ing to  deny  or  resist  its  obligation  under  the  law  to  pur- 
chase any  property,  except  that  it  shall  not  refuse  to  buy 
the  property  concerning  which  it  has  so  voted,  on  the 
ground  that  it  is  not  within  its  own  limits.  If  such  city 
or  town  required  to  make  the  purchase  shall  not  pass  such 
vote  within  said  sixty  days,  as  to  the  outlying  property 
in  any  adjoining  city  or  town,  its  right  to  buy  the  same 
shall  be  precluded  and  no  oI>ligation  thereto  shall  accrue. 
Before  the  expiration  of  sixty  days  after  the  filing  of  said 
schedule  no  commissioner  shall  be  appointed  under  the 
provisions  of  section  thirteen  of  said  chapter  unless  such 
vote  has  been  passed,  or  it  shall  appear  that  the  party 
filing  the  schedule  owns  no  plant  in  an  adjoining  city  or 
town  which  may  be  the  subject  of  adjudication. 

Section  5.     Section  twelve  of  said  chapter  three  hun-  isqiJIto.  §12 
dred  and  seventy  is  hereby  amended  by  striking  out  in  ^°^^^  ^ 
lines  thirty-one  to  thirty-four  of  said  section,  inclusive, 
the   words   "the   earning  capacity   of  such    plant   based 


1358 


Acts,  1893.  — Chap.  454. 


1891,  370,  §12, 
amended. 


Purchase  of 
plants  already 
established,  etc. 


upon  the  actual  earnings  being  derived  from  such  use 
at  the  time  of  the  final  vote  of  such  city  or  town  to 
establish  a  plant  and  also",  and  inserting  in  line  thirty- 
seven  thereof,  after  the  word  "town",  the  words:  — 
unless  it  shall  refuse  or  neglect  to  purchase  the  same,  — 
and  striking  out  in  lines  forty-eight  to  fifty-five,  inclu- 
sive, the  words  "  when  any  capital  has  been  paid  in  in 
property  instead,  of  in  cash  the  valuation  placed  upon 
such  property  in  estimating  it  as  paid  in  capital  shall  not 
be  conclusive  in  estimatins;  its  value  under  the  foregoing 
provisions,  but  may  be  disputed  by  a  city  or  town,  and 
if  shown  to  have  been  excessive  may  be  reduced  by  the 
authority  fixing  *the  price  of  the  plant  and  property  as 
hereinafter  provided ",  and  adding  at  the  end  of  said 
section  the  w^ords  :  —  No  city  or  town  shall  be  obliged 
to  buy  any  property  added  to  a  plant  unnecessarily  after 
the  passage  of  its  first  vote  that  it  is  expedient  to  Qxer- 
cise  the  authority  conferred  in  section  one,  nor  any 
property  except  such  as  shall  be  suitable  for  the  ordinary 
business  of  the  vendor  which  the  city  or  town  may 
assume  ;  and  if  any  property  or  plant  which  the  city  or 
town  shall  be  entitled  or  obliged  to  buy  under  this  act 
will  not  be  available  to  the  city  or  town  if  purchased,  by 
reason  of  liens,  interests  of  third  parties,  private  con- 
tracts or  other  cause,  whereby  the  city  or  town  purchas- 
ing would  be  at  a  disadvantage  in  the  use  of  the  same 
as  compared  with  the  vendor,  the  city  or  town  •  may  be 
released  from  buying  the  same,  or  a  discount  may  be 
made  from  the  price  to  be  paid  for  the  plant,  as  the 
commissioner  or  commissioners  provided  for  in  section 
thirteen  shall  determine  to  be  equitable  under  the  cir- 
cumstances,—  so  as  to  read  as  follows:  —  Section  12. 
When  any  city  or  town  shall  decide  as  hereinbefore  pro- 
vided to  establish  a  plant,  and  any  person,  firm  or  corpo- 
ration shall  at  the  time  of  the  first  vote  required  for  such 
decision  be  engaged  in  the  business  of  making,  generating 
or  distributing  gas  or  electricity  for  sale  for  lighting  pur- 
poses in  such  city  or  town,  such  city  or  town  shall,  if 
such  person,  firm  or  corporation  shall  elect  to  sell  and 
shall  comply  with  the  provisions  of  this  act,  purchase 
of  such  person,  firm  or  corporation  before  establishing  a 
public  plant,  such  portion  of  his,  their  or  its  gas  or  elec- 
tric plant  and  property  suitable  and  used  for  such  business 
in  connection  therewith,  as  lies  within  the  limits  of  such 


Acts,  1803.  — Chap.  454.  1.359 

city  or  town.  It*  in  such  city  or  town  a  single  corporation 
owns  or  operates  both  a  gas  phint  and  an  electric  plant, 
such  purchase  shall  include  both  of  such  i)lants ;  but 
otherwise  such  city  or  town  shall  only  be  obliged  to  pur- 
chase the  existing  gas  plant  or  plants  if  it  has  voted  only 
to  establish  a  gas  plant,  and  shall  only  be  obliged  to  pur- 
chase the  existing  electric  plant  or  plants  if  it  has  only 
voted  to  establish  an  electric  plant.  If  the  main  gas 
■works,  in  the  case  of  a  gas  plant,  or  the'  central  lighting 
station,  in  the  case  of  an  electric  light  plant,  lie  within 
the  limits  of  the  city  or  town  which  has  voted  to  establish 
a  plant  as  aforesaid,  such  city  or  town  shall  purchase  as 
herein  provided  the  whole  of  such  plant  and  property  used 
in  connection  therewith  lying  within  its  limits,  and  the 
price  to  be  paid  therefor  shall  be  its  fair  market  value  for 
the  purposes  of  its  use  ;  no  portion  of  such  plant  to  be  Estimate  of 
estimated  however  at  less  than  its  fair  market  value  for 
any  other  purpose,  including  as  an  element  of  value  any 
locations,  or  similar  rights,  acquired  from  private  persons 
in  connection  therewith,  plus  the  damages  suffered  by  the 
severance  of  any  portion  of  such  plant  lying  outside  of 
the  limits  of  such  city  or  town,  unless  it  shall  refuse  or 
neglect  to  purchase  the  same,  and  minus  the  amount  of 
any  mortgage  or  other  encumbrance  or  lien  to  which  the 
plant  so  purchased,  or  any  part  thereof,  may  be  subject  at 
the  time  of  transfer  of  title  ;  but  such  city  or  town  may 
require  that  such  plant  and  property  be  transferred  to  it 
free  and  clear  from  any  mortgage  or  lien,  unless  the 
commissioners  appointed  under  the  provisions  of  section 
thirteen  of  this  act  shall  otherwise  determine.  Such  value 
shall  be  estimated  without  enhancement  on  account  of 
future  earning  capacity,  or  good  will,  or  of  exclusive 
privileges  derived  from  rights  in  the  public  streets.  If 
the  main  gas  works  or  centnil  lighting  station  of  such  a 
plant  do  not  He  within  the  limits  of  the  city  or  town  which 
has  voted  as  aforesaid,  then  such  city  or  town  shall  only 
purchase  that  portion  of  such  plant  and  property  which 
lies  within  its  limits,  paying  therefor  upon  the  basis  of 
value  above  established,  but  without  allowance  of  damages 
on  account  of  severance  of  plant.  No  city  or  town  shall  t^J'J'pa^ent'  efg 
be  obligated  by  this  section  to  buy  any  apparatus  or  appli- 
ances covered  by  letters  patent  of  the  United  States  or 
embodying  a  patentable  invention,  unless  a  complete  right 
to  use  the  same  and  all  other  apparatus  or  appliances  nee- 


1360 


Acts,  1893.  — Chap.  451. 


Not  obliged  to 
buy  certain 
properly. 


Manufacture, 
etc.,  of  gas  or 
electricity  may 
be  continued. 


Subject  to  two 
thirds  vote  of 
city  council, 
etc. 


Gas  or  elec- 
tricity may  be 
purchased,  etc. 


essary  for  such  use  within  the  limits  of  such  city  or  town, 
to  such  extent  as  such  city  or  town  shall  reasonal)ly  require 
such  right,  shall  be  assigned  or  granted  to  such  city  or 
town  at  a  cost  as  low  as  the  cost  of  such  right  would  be  to 
the  person,  tirm  or  corporation  whose  plant  is  purchased. 
No  city  or  town  shall  be  obliged  to  buy  any  property 
added  to  a  plant  unnecessarily  after  the  passage  of  its  first 
vote  that  it  is  expedient  to  exercise  the  authority  conferred 
in  section  one,  nor  any  property  except  such  as  shall  be 
suitable  for  the  ordinary  business  of  the  vendor  which  the 
city  or  town  may  assume  ;  and  if  any  property  or  plant 
which  the  city  or  town  shall  be  entitled  or  obliged  to  buy 
under  this  act  will  not  be  available  to  the  city  or  town  if 
purchased,  by  reason  of  liens,  interests  of  third  parties, 
private  contracts  or  other  cause,  whereby  the  city  or  town 
purchasing  would  be  at  a  disadvantage  in  the  use  of  the 
same  as  compared  with  the  vendor,  the  city  or  town  may 
be  released  from  buying  the  same,  or  a  discount  may  be 
made  from  the  price  to  be  paid  for  the  plant,  as  the  com- 
missioner or  commissioners  provided  for  in  section  thirteen 
shall  determine  to  be  equitable  under  the  circumstances. 

Section  6.  When  any  city  or  town  shall  acquire, 
under  the  provisions  of  this  act  or  of  said  chapter,  a  plant 
theretofore  used  for  the  manufacture  or  distribution  of  gas 
or  electricity  for  the  purposes  of  heating  or  power,  it  may 
continue  to  use  the  same  for  such  purposes. 

Section  7.  No  city  shall  exercise  the  authority  con- 
ferred in  section  one  of  said  chapter  until  a  vote  that  it  is 
expedient  to  exercise  such  authority  shall  hive  passed 
each  branch  of  its  city  council  by  a  two  thirds  vote  in  each 
of  two  consecutive  municipal  years,  and  thereafter  have 
been  ratified  by  a  majority  of  the  voters  present  and  vot- 
ing thereon  at  an  annual  municipal  election.  When  such 
a  vote  has  failed  to  secure  such  ratification  no  similar  vote 
shall  be  submitted  for  ratification  until  the  expiration  of 
three  years  thereafter.  The  mayor  of  any  city  shall  have 
the  power  to  veto  any  vote  passed  under  authority  of  this 
act,  but  nothing  in  this  act  shall  be  construed  to  prevent 
the  city  council  from  passing  any  such  vote,  in  the  usual 
manner,  over  the  veto  of  the  mayor. 

Section  8.  Any  city  or  town  having  established  a 
plant  for  the  distribution  of  gas  or  electricity  for  lighting 
purposes,  under  the  provisions  of  said  chapter  three  hun- 
dred and  seventy,  without  a  plant  for  manufacturing  the 


Acts,  1893.  — Chaps.  455,  456.  13G1 

same,  may,  it'  such  plant  be  a  gas  plant,  purchase  gas, 
and  it'  an  electric  lighting  [)lant,  electricity,  to  be  dis- 
tributed by  means  of  the  same,  from  any  adjoining  city 
or  town  or  any  cor})oration  manufacturing  the  same. 

ISection  y.     In  lieu  of  issuing  bonds  under  the  pro-  Notes  may  be 
visions  of  section  four  of  said  chapter  three  hundred  and  oTbonds"^"'^ 
seventy,  a  town  or  city  may  issue  notes  or  scrip,  subject 
in  all  other  res})ects  to  the  provisions  of  said  chapter. 

Section  10.  Any  town  voting  to  establish  or  having  Municipal ught 
establifhed  a  gas  or  electric  light  plant,  or  both,  under  and 
in  accordance  with  the  provisions  of  chapter  thiee  hundred 
and  seventy  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one,  may,  at  a  town  meeting  called  for  that  pur- 
pose, or  at  a  regular  annual  town  meeting,  choose  from 
its  citizens  three  persons,  to  be  known  as  the  municipal 
light  board,  one  of  whom  shall  be  chosen  for  one  year, 
one  for  two  years  and  one  for  three  years,  and  at  each 
annual  tow^n  meeting  thereafter  one  for  a  term  of  three 
years,  who  shall  have  full  power  and  authority  to  con- 
struct, purchase  and  establish  a  public  lighting  plant  in 
accordance  with  the  vote  of  the  town,  and  to  maintain  and 
operate  the  same ;  and  they  shall  in  all  other  respects 
possess  the  powers  and  perform  the  duties  conferred  and 
imposed  upon  the  selectmen  of  such  towns  by  sections 
eight  and  nine  of  said  chapter,  and  the  manager  referred 
to  in  section  eight  of  said  chapter  shall  be  appointed  by 
and  act  under  the  direction  of  said  board. 

Section  11.     This  act  shall  take  efi'ect  upon  its  passage. 

Apjyi'oved  June  9,  1893. 


CJiajjA^S 


An  Act   to   establish  the  salary  of  the  "warden  of  the 
state  prison. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   salary  of  the  warden    of  the   state  saiaryestab- 
prison  shall  be  four  thousand  dollars  a  year.  hshed. 

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

Approved  June  9,  1893. 

An    Act  to   provide    additional  watchmen   at    the    state  ni^rij)  456 

PRISON.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  warden  of  the  state  prison  may  ap-  Additional 
point,   subject  to  the  approval  of  the  commissioners  of  ^^''^'^'^^^'i- 


1362  Acts,  1893.  — Chaps.  457,  458. 

prisons,  not  exceeding  five  watchmen,  in  addition  to  the 
number  now  authorized  by  law,  who  shall  receive  the 
same  compensation,  to  be  paid  in  the  same  manner,  as  is 
now  provided  by  law  for  such  officers. 

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

Approved  June  9,  1893. 


Chap. 


457   -^^   ^^"^  '^^  AUTHORIZE   THE  APPOINTMENT  OF  AN  ASSISTANT  TO  THE 
DISTRICT   ATTORNEY   FOR  THE   SOUTHERN    DISTRICT. 


Be  it  enacted^  etc. ,  as  follows . 


Jesi^fanTto  Section  1.     The  superior  court  may,  for  any  sufficient 

district  attor-      rcasou,  appoint  a  competent  person  to  act  temporarily  as 

southern  dis-      an  assistaut  to  the  district  attorney  for  the  southern  dis- 

^"''''  trict,  in  the  discharge  of  his  official  duties,  and  may  allow 

such  sum  as  it  may  deem  reasonable,  to  be  paid  out  of  the 

county  treasury,  not  to  exceed  six  hundred  dollars  in  one 

year.     Such  appointment  shall  not  last  beyond  the  term 

at  which  it  is  made. 

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

Approved  June  9,  1893. 

ChClvABS  ^^   ^^'^  RELATIVE  TO  THE   CONSTRUCTION  OF  A  FOOTWAY  BETWEEN 

HAVERHILL  AND  BRADFORD. 

Be  it  enacted^  etc. ,  as  follows : 
commissionera        SECTION  1.     No  member  of  the  board  of  county  com- 

to  act  under  /.»■<  iiiiti-^i 

1893,244.  missioners  for  the  count}^  of  Essex  shall  be  disqualified 

from  performing  the  duties  imposed  upon  said  board  by 
chapter  two  hundred  and  forty-four  of  the  acts  of  the 
present  year,  by  reason  of  being  a  resident  or  taxpayer 
in  the  city  of  Haverhill  or  the  town  of  Bradford,  except 
that  in  the  determination  of  any  question  of  the  appor- 
tionment of  cost  or  expenses  under  section  eight  of  said 
act,  no  member  of  said  board  who  is  a  resident  of  either 
said  city  or  said  town  shall  act,  and  one  of  the  special 
commissioners  shall  sit  in  his  place  as  provided  in  section 
seventeen  of  chapter  twenty-two  of  the  Public  Statutes 
in  cases  where  a  county  commissioner  is  disqualified. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1893. 


Acts,  1893.  — Chap.  459.  13G3 

An  Act  relative  to  procuring  a  water  suitly  for  the  city  (JJiai}A5^ 

OF  BOSTON  AND   ITS   SUBURBS. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     The  state  board  of  health  is  hereby  author-  inveeiigation 
ized  and  directed  to  investigate,  consider  and  report  upon  watoTnnpp?}" 
the  question  of  a  water  supply  for  the  city  of  Boston  and  llVuZ'!''  """^ 
its  suburbs  within  a  radius  of  ten  miles  from  the  state 
house,  and  for  such  other  cities  and  towns  as  in  its  opin- 
ion should  be  included  in  connection  therewith. 

Section  2.  The  said  board  shall  forthwith  proceed  to  Details  of 
investigate  and  consider  this  subject,  including  all  ques-  '°^<^^"g»"o°- 
tions  relating  to  the  quantity  of  water  to  be  obtained  from 
available  sources,  its  quality,  the  best  methods  of  protect- 
ing the  purity  of  the  water,  the  construction,  operation 
and  maintenance  of  works  for  storing,  conveying  or  puri- 
fying the  water,  the  cost  of  the  same,  the  damages  to 
property,  and  all  other  matters  pertaining  to  the  subject. 

Section  3.     The  said  board  shall  have  power  to  em-  Engineering 
ploy  such  engineering  and  other  assistance  and  to  incur  ance?"'^'''^"*' 
such  expenses  as  may  be  necessary  for  carrying  out  the 
provisions  of  this  act. 

Section  4.  The  said  board  shall  report  fully  with  f/tfmaVe^'e^c' 
plans  and  estimates  to  the  legislature  on  or  before  the 
tirst  Wednesday  in  January  in  the  year  eighteen  hundred 
and  ninety-live,  and  shall  append  to  its  report  drafts  of 
bills  intended  to  accomplish  the  recommendations  of  the 
board. 

Section  5.     The  total  amount  of  money  which  shall  Expenditure, 

t  11  /•!  r>i/^  11-       reimbureement. 

be  expended  out  or  the  treasury  ot  the  Commonwealth  in 
carrying  out  the  provisions  of  this  act  shall  not  exceed 
forty  thousand  dollars.  The  Commonwealth  shall  be 
reimbursed  for  the  amount  expended  by  the  cities  and 
towns  which  are  to  receive  the  benefit  of  the  system 
recommended  in  the  report,  in  proportion  to  the  popu- 
lation of  each. 

Section  6.     Before  incurrino;  any  expense  the  board  Estimate  of  ex- 

~  ,        *'  '■  penses  to  be 

shall  from  time  to  time  estimate  the  amounts  required  and  approved  by 
shall  submit  the  same  to  the  governor  and  council  for  their  councu°'^"° 
approval,  and  no  expense  shall  be  incurred  beyond  the 
amount  so  estimated  and  approved. 

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

Approved  June  9,  1893. 


136i 


Acts,  1893.  — Chaps.  460,  461. 


ChcipAGO  An   Act  to   secure   the  better    enforcement  of  the   laws 

RELATING   TO   THE   PUBLIC   HEALTH. 


Enforcement  of 
laws  relating  to 
the  public 
health. 


Trial  of  caseEf, 
etc. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  supreme  judicial  court  sittino:  in 
equity  may,  on  the  application  of  the  board  of  health  of 
a  city  or  town,  by  any  appropriate  process  or  decree, 
enforce  the  provisions  of  chapter  eighty  of  the  Public 
Statutes,  and  of  the  acts  in  amendment  thereof  or  in  addi- 
tion thereto,  and  this  remed}^  shall  not  supersede,  but 
shall  be  in  addition  to  any  other  remedies  provided  for 
the  purpose. 

Section  2.  The  court  may  frame  issues  of  fact  to  be 
tried  by  a  jury  in  any  case  under  the  preceding  section, 
when  requested  by  a  party,  and  direct  the  same  to  be 
tried  in  the  county  where  such  cause  is  pending,  at  the 
bar  of  the  supreme  judicial  court,  or  the  superior  court ; 
and  if  the  regular  term  for  such  trial  does  not  come  within 
one  month  from  the  making  up  of  such  issues,  any  justice 
of  the  court  may  order  the  clerk  for  the  county  where  the 
case  is  pending,  to  summon  a  jury  in  the  ordinary  manner 
of  trying  any  such  issues,  and  the  proceedings  at  such 
trial  shall  be  in  all  respects  the  same  as  if  at  the  regular 
term  of  the  court,  and  the  record  thereof  shall  have  the 
same  force  and  effect  as  any  other  record  of  the  court. 

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

Approved  June  9,  1893. 


CliavAQX  ^^   ^^^   RELATIVE   TO   SOLEMNIZING   MARRIAGES. 

Be  it  enacted,  etc.,  as  follows: 
Licensed  rabbis      SECTION   1.     Auv   rabbi    of  the  Tsraclitish  faith  may 

01  tliG  Isrftd- 

iii8h  faith  may  solcmnize  a  marriage  under  the  same  rules,  restrictions, 
obligations  and  penalties  as  are  imposed  by  law  upon 
ministers  of  the  gospel  in  this  Commonwealth.  Such 
rabbi  must  be  one  duly  licensed  to  act  by  a  congregation 
of  said  faith  established  in  this  Commonwealth. 


solemnize 
marriages 


P.  8   145,  §27  to 
apply. 


Section  2.  The  provisions  of  section  twenty-seven  of 
chapter  one  hundred  and  forty-live  of  the  Public  Statutes 
shall  apply  to  such  a  marriage. 

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

A]r)proved  June  9,  1893. 


Acts,  1S93.  —  Chaps.  462,  463.  1365 


Ax  Act  to  authorize  the  estahlisiimen^t  of  a  building  line  QJirij)  4G2 

ON   PUBLIC   WAYS.  "' 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     The  board  or  officers  havino;  authority  to  EstabiishmeDt 

.  ,  ,  ~  y  of  a  building 

lay  out  city  or  town  ways  may  in  the  manner  prescribed  iineonpubiic 
by  law  for  giving  notice  of  an  intention  to  lay  out  any  ^*^** 
such  way,  give  notice  of  an  intention  to  establish  a  build- 
ing line  parallel  to,  and  not  more  than  twenty-five  feet 
distant  from,  any  exterior  line  of  a  highway  or  city  or 
town  way,  and  after  said  notice  may  pass  a  vote  establish- 
ing such  building  line,  and  in  the  case  of  a  city,  upon  the 
recording  of  said  vote  in  the  records  of  the  cit}^  or  in  a 
town,  upon  the  acceptance  of  said  vote  by  the  inhabitants 
of  the  town  at  a  town  meeting  called  as  provided  by  law, 
said  building  line  shall  be  established;  and  until  another  Restrictions  as 
building  line  shall  thereafter  be  established  in  the  same  betwen'u^ne 
manner,  no  structure  shall  thereafter  be  erected,  placed  or  ^^^  ^ay- 
maintained  between  such  building  line  and  such  way,  ex- 
cept that  steps,  windows,  porticos  and  other  usual  projec- 
tions appurtenant  to  the  front  wall  of  a  building,  may  be 
allowed  in  such  restricted  space,  to  the  extent  prescribed 
in  the  vote  establishing  such  building  line. 

ISectiox  2.  Any  person  sustaining  damage  by  reason  Damages. 
of  the  establishment  of  such  buildino;  line  shall  have  the 
same  remedies  for  obtaining  payment  therefor  as  may  be 
prescribed  by  law  for  obtaining  payment  for  damages  sus- 
tained by  the  laying  out  of  a  highway  in  such  city  or 
town. 

Sectiox  3.     This  act  shall  take  effect  in  any  city  when  To  take  effect 
accepted  by  the  city  council  thereof,  and  in  any  town  when  ance/*'"^  ' 
accepted  by  a  majority  of  the  legal  voters  thereof  present 
and  voting   thereon   at  a  town    meeting    called    for   the 
purpose.  Approved  June  9,  1393. 


Chap.iG^ 


As  Act  to  incorporate  the  old  colonv  and  interior  canal 

COMPANr. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section   1.      James   L.   Anthony,   James   D.   Leary,  oidCoionyan 
Warren  Rosevelt,  William  G.  Bussey,  Henry  O.  Mills,  c°mpany.T' 
Benjamin  W.  Gilbert,  Elijah  H.  Austin,  Thomas  N.  Hart,  ^o^po'^aied. 
Charles  H.  Allen,  William  H.  Lincoln,  Edward  Kemble, 
Norman  W.  Dodge,  William  J.  Hunt,  Willard  Howland, 


1366 


Acts,  1893.  — Chap.  463. 


Capital  stock 
and  bonds. 


Mortgage 
bonds. 


Location,  con- 
struction, etc., 
of  ship  canal. 


their  associates  and  successors,  are  hereby  made  a  corpo- 
ration by  the  name  of  the  Old  Colony  and  Interior  Canal 
Company,  and  as  such  shall  have  perpetual  succession, 
and  by  that  name  may  sue  and  be  sued,  plead  and  be  im- 
pleaded in  law  and  equity,  and  purchase,  receive,  hold  and 
convey  real  and  personal  estate,  and  the  same  retain  to 
themselves,  their  successors  and  assigns,  so  far  as  it  shall 
be  necessary  for  their  accommodation  and  convenience  in 
the  transaction  of  their  business ;  with  all  the  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  relating  to  railway  corporations,  so  far  as  they 
may  be  applicable,  except  as  hereinafter  provided. 

Section  2.  The  capital  stock  of  said  corporation  shall 
be  seven  and  a  half  million  dollars,  divided  into  shares 
of  one  hundred  dollars  ;  and  said  corporation  may  issue 
coupon  or  registered  bonds  to  an  amount  which  does  not 
exceed  in  the  aggregate  the  capital  stock  of  said  crft'po- 
ration  actually  paid  in  at  the  time.  Said  corporation 
may  issue  stock  and  bonds  in  payment  for  labor  per- 
formed and  material  furnished  in  the  construction  of  a 
canal  as  hereinafter  provided,  and  of  property  acquired 
for  that  purpose,  and  to  provide  means  for  funding  its 
floating  debt  or  for  the  payment  of  money  borrowed  for 
any  lawful  purpose. 

Section  3.  Said  corporation  may,  upon  being  author- 
ized b}'  a  majority  of  the  votes  at  any  regular  meeting 
called  for  the  purpose,  issue  bonds  in  accordance  with 
sections  sixty-two  to  seventy-three,  inclusive,  of  chapter 
one  hundred  and  twelve  of  the  Public  Statutes,  so  far  as 
the  same  can  be  applied  to  said  corporation,  and  may 
secure  the  same  by  a  mortgage. 

Section  4.  Said  corporation  may  locate,  construct, 
maintain  and  operate  a  ship  canal,  either  beginning  at 
some  convenient  point  in  Buzzard's  bay,  and  running 
through  the  towns  of  Bourne  and  Sandwich,  or  either  of 
them,  to  some  convenient  point  in  Barnstable  bay,  or 
beginning  at  some  convenient  point  in  Nantucket  sound, 
near  the  point  where  Bass  river,  so-called,  in  the  towns 
of  Dennis  and  Yarmouth,  empties  into  said  Nantucket 
sound,  and  extending  thence  to  some  convenient  point 
in  Massachusetts  bay  or  Cape  Cod  ba}^  following  the  bed 
of  said  Bass  river  during  so  much  of  its  course  as  may  be 
deemed  advantageous  to  said  corporation ;    may  locate, 


Acts,  1893.  — Chap.  463.  1367 

construct  and  maintain  all  such  wharves,  docks  and  other 
structures  and  works  as  may  be  necessary  for  the  con- 
venient using  of  said  canal,  together  with  the  highways 
provided  for  by  this  act ;  and  may  maintain  and  operate 
steam  and  other  vessels  for  transportation,  and  steam 
tugs,  or  use  any  other  means  or  methods  for  assisting 
vessels  in  their  approach  to  and  passage  through  and 
from  the  canal.  Said  canal,  when  constructed,  shall  have 
a  depth  of  not  less  than  twenty-three  feet  at  mean  low 
water,  shall  be  of  a  width  of  not  less  than  ninety  feet  at 
the  bottom,  and  not  less  than  three  hundred  feet  at  the 
top.  The  material  excavated  from  the  waters  in  Buz-  under  direcuoa 
zard's  bay  and  Barnstable  bay,  or  in  Cape  Cod  bay,  Bass  rind^commu^ 
river  or  Nantucket  sound,  shall  be  so  disposed  of,  under  "oners. 
the  direction  of  the  harbor  and  land  commissioners,  as 
not  to  unnecessarily  interfere  with  the  fishing  interests  ; 
and  material  excavated  shall  be  deposited  within  the 
limits  of  the  location  of  the  canal,  so  for  as  practicable. 

Section  5.     Said  corporation  may  lay  out  and  have  Location  to  be 
the  location  of  its  canal,  not  exceeding  one  thousand  feet  cduniy'^ommis. 
wide,  and  may,  subject  to  the  approval  of  the  board  of  «'°"e"'  etc. 
harbor   and    land    commissioners,   take    the    fee  of   land 
outside   of  said   limits   for  the  purpose  of  disposing  of 
the  materials  excavated  from  said  canal,  and  shall  file  the 
location  thereof  with  the  county  commissioners  for  the 
county  of  Barnstable,  defining  the  courses,  distances  and 
boundaries  thereof,   in   the   manner   provided    for   filing 
railroad  locations. 

Section  6.  Said  corporation  may  purchase  or  other-  May  take  land 
wise  take  the  land  or  materials  which  have  been  bought  ^""^  "^^'e^'^'^- 
or  taken  by  the  Cape  Cod  Ship  Canal  Company,  or  any 
part  thereof,  and  any  other  land  or  materials  necessary 
for  making  and  securing  its  canal,  breakwaters,  basins, 
docks,  wharves,  gates,  highways  or  other  structures  and 
works  referred  to  in  the  preceding  section,  in  the  manner 
in  which  land  or  materials  are  taken  for  the  construction 
of  railroads. 

Section  7.  Said  corporation  shall  pay  all  damages  Damages. 
occasioned  by  laying  out,  making  and  maintaining  its 
canal,  or  by  taking  land  or  materials  therefor,  or  to  the 
Old  Colony  Railroad  Company,  by  any  change  of  its  road 
required  under  this  act ;  and  such  damages,  on  the  appli- 
cation of  either  party,  shall  be  estimated  by  the  county 
commissioners  for  the  county  of  Barnstable,  in  the  man- 


13G8  Acts,  1893.  — Chap.  463. 

ner  and  subject  to  the  rules  of  law  provided  for  determin- 
ing the  damages  for  taking  land  in  laying  out  of  railroads. 
Either  party  dissatisfied  with  the  estimate  of  the  county 
commissioners  may,  at  any  time  within  one  year  after  it 
is  completed  and  returned,  apply  by  petition  to  the  supe- 
rior court  for  the  county  of  Barnstable  for  a  jury  to  assess 
the  damages,  and  like  proceedings  shall  be  had  thereon 
as  in  proceedings  for  damages  for  la3nng  out  of  railroads  ; 
but  all  damages  sustained  by  the  Cape  Cod  Ship  Canal 
Company,  under  the  provisions  of  this  act,  shall  be  ascer- 
tained and  determined  as  provided  in  section  six  of  this 
act. 
^^"*^  ro9sfn"of  Sections.  The  Old  Colony  and  Interior  Canal  Com- 
canaibyoid       pauv,  withiu  four  uiouths  from  the  passage  of  this  act, 

Colony  Railroad   '        "^  i       ,        .  i        i  -i  /•         -i  i  •      •  i 

oompKny,  etc.  may  apply  to  the  boards  oi  railroad  commissioners  and 
of  the  harbor  and  land  commissioners,  who  for  the  pur- 
poses hereinafter  stated  are  constituted  a  joint  board,  to 
determine  at  what  point  or  points  the  Old  Colony  Rail- 
road Company  shall  cross  said  canal,  by  a  combined  pub- 
lic highway  and  railroad  bridge  or  bridges.  Said  joint 
board  thereupon,  after  notice  to  the  Old  Colony  Railroad 
Company  and  to  all  other  parties  interested,  which  notice 
shall  be  given  in  such  form  as  said  joint  board  shall  direct, 
shall  determine  said  questions,  and  the  decision  of  a  ma- 
jority of  said  joint  board  shall  be  final.  Said  canal  com- 
pany shall  construct  its  canal  with  such  structures  and 
appliances  for  its  protection  and  use  as  said  joint  board 
may  order,  together  with  a  highway  bridge  at  Back  river, 
provided  the  said  canal  company  adopts  the  Back  river 
route,  so-called,  and  such  bridge  or  bridges,  ferries  and 
changes  of  highwaj^s,  under  the  supervision  of  said  joint 
board,  as  shall  be  in  accordance  with  plans  approved  by 
them  and  in  conformity  with  such  orders  as  they  may 
make. 
foTe"Jrmi°nT"  Section  9.  The  board  of  railroad  commissioners  and 
Ti-henoid  w^Q  county  commissioners  for  the  county  of  Barnstable, 

ColODy  Railroad       ^  -,  "^       .  ,,  ..  iii-  c     tl 

Company  shall  after  duc  uoticc  to  all  parties  interested  and  hearing  oi  all 
eic!"^  oca  lOD,  ^^^  shall  appear,  shall  determine  and  prescribe,  in  writing, 
the  time  when  and  the  manner  in  which  the  Old  Colony 
Railroad  Company  shall  alter  its  location  so  as  to  cross  said 
canal  at  such  point  or  points  as  may  be  determined  upon 
by  the  joint  board  hereinbefore  provided ;  and  in  making 
such  alterations  said  railroad  corporation  shall  have  all 
the  powers  and  privileges  and  be  subject  to  all  the  duties, 


Acts,  1893.  — Chap.  463.  1369 

restrictions  and  liabilities  set  forth  in  all  general  laws 
relating  to  railroads,  except  that  the  damages  of  land 
owners  shall  be  assessed  only  against  and  shall  be  paid  by 
said  canal  company.     The  Old  Colony  and  Interior  Canal  Ruiiding of  raii- 

11-iiT  -11  road  upon  new 

Company  may  proceed  to  build  the  railroad  upon  the  new  location, etc. 
location  and  complete  the  same  in  such  manner  as  may  be 
prescribed  by  the  railroad  commissioners,  and  to  their 
satisfaction,  in  case  the  parties  do  not  agree  upon  the 
same  ;  and  shall  pay  all  damages  caused  by  the  construc- 
tion of  said  railroad  upon  such  new  location,  and  shall 
be  liable  for  such  damages  as  in  the  case  of  the  construc- 
tion of  railroads.  Until  the  completion  of  the  new  loca- 
tion said  canal  company  shall  not  enter  upon  the  old 
location  of  said  railroad,  except  for  making  surveys,  or 
by  consent  of  the  Old  Colony  Railroad  Company,  or  of 
the  railroad  commissioners.  Damages  occasioned  to  the  Damages, 
railroad  company  by  its  compliance  with  the  requirements 
of  this  act  may  be  recovered  by  it  of  the  canal  company 
in  the  manner  provided  by  law  for  the  recovery  of  dam- 
ages caused  by  the  location  and  construction  of  railroads. 

Section  10.  The  Old  Colony  Railroad  Company  shall  ^°?o^**;?i^fir'^i^d 
have  its  location,  not  exceeding  five  rods  in  width,  upon  company. 
any  land  owned  or  located  upon  by  said  canal  company, 
up  to  the  said  bridge  on  each  side  thereof,  provided  that  all 
reasonable  use  of  said  location  by  the  said  canal  company 
for  the  purpose  of  operating  its  canal  and  for  highway 
purposes,  and  under  the  direction  of  the  railroad  commis- 
sioners, shall  be  permitted  by  the  railroad  company,  with- 
out payment  of  rent. 

Section  11.     The  Old  Colony  Railroad  Company,  upon  oid  coiony 
the  completion   and  acceptance  by  the   board  of  railroad  pany  may  take 
commissioners    of   the    newly  constructed    railroad    and  n"is'*,'etc"^''' 
bridge  or  bridges,  as  above  provided,  may  at  its  option 
take  such  iron  and  other  materials  as  may  remain  upon 
that  portion  of  the  line  of  said   railroad  which  is  to  be 
given  up,  and  shall  allow  or  pay  to  the  Old  Colony  and 
Interior  Canal  Company  the  value  thereof,  such  value  to 
be  determined  by  the  board  of  railroad  commissioners  and 
the  county  commissioners  of  the  county  of  Barnstable  in 
case  the  parties  do  not  agree  upon  the  same.     The  title  Title  of  oid 
of  the  Old  Colony  Railroad  Company  to  the  land  upon  comep°roperty 
the  old  location  of  the  Old  Colony  Railroad    Company  °1°^°^'*=°'"- 
shall,  upon  the  completion  and  acceptance  by  the  board 
of  railroad  commissioners  and  the  county  commissioners 


1370  Acts,  1893.  — Chap.  463. 

of  the  county  of  Barnstable,  of  the  newly  constructed  rail- 
road, become  the  property  of  said  canal  company. 
Penalty  for  Section  12.     Whocver  unnecessarilv  opcus,  shuts,  or 

oJL)stiuciing,  obstructs  'the  draw  without  the  consent  of  the  superin- 
e  c ,  raw,  e  c.  ^g^^jg^j^-^  q^.  ^jthout  such  conscut  makcs  fast,  or  moors  to,  or 
being  in  charge  thereof  refuses  to  unloose  or  unmoor  any 
scow,  raft,  or  other  vessel  to  or  from  any  of  said  bridges 
within  wake  of  the  draw,  shall  pay  a  fine  of  not  less  than 
three  dollars  nor  more  than  fifty  dollars. 
Penalty  for  SECTION  13.      Whoever   wilfully   injures   or   damages 

bridged  pier,  etc.  Said   bridges,   wharves  or  piers,  or  wilfully   disturbs   or 
hinders   the   superintendent   or  his  assistants  in  the  dis- 
charge of  their  duties,  shall  forfeit  for  each  oflfence  a  sum 
not  exceeding  one  hundred  dollars,  and  be  fuither  liable 
in  damages  to  the  Old  Colony  and  Interior  Canal  Com- 
pany. 
p.  s.  112,  §§148-      Section  14.     The  provisions  relating  to  drawbridges 
ootoappy.      contained  in  sections  one  hundred  and  forty-eight  to  one 
hundred  and  fifty-five,  inclusive,  of  chapter  one  hundred 
and  twelve  of  the  Public  Statutes,  shall   extend  to  said 
bridge  or  bridges,  so  far  as  applicable,  except  that  a  rail- 
road train  shall  be  allowed  five  minutes  to  cross  said  draw, 
instead  of  fifteen  minutes,  as  provided  in  section  one  hun- 
dred and  fifty  of  said  chapter,  and  except  that  said  draw- 
bridge or  bridges  may  be  kept  open  at  all  times  except 
Penaiiiesand     whcu  closed  for  the  actual  passage  of  trains.     And  the 
forfeitures.        same  penalties  and  forfeitures  provided  in    section   one 
hundred  and  fifty-four  of  said  chapter,  except  as  said  sec- 
tion is  hereby  changed,  shall  also  be  in  force,  and  may  be 
recovered  of  the  Old  Colony  Railroad  Company,  or  any 
engineer  or  any   superintendent  of  said  bridge,  in   like 
manner  as  therein  provided  for  the  violation  of  any  of  the 
provisions  of  sections  one  hundred  and  fifty-one  and  one 
hundred  and  fit"ty-three  of  said  chapter. 
Free  ferries  to        Section  15.     Thc  Said  caual    company  shall   provide 
etc.  and  maintain  at  Bourne,  Bournedale  and  Sagamore,  or  at 

Dennis  and  Yarmouth,  according  to  the  location  adopted 
by  said  canal  company  for  their  said  canal,  as  hereinbefore 
provided,  at  such  points  as  may  be  designated  by  the 
county  commissioners,  suitable  ferries  across  the  canal  for 
passengers  and  teams,  to  be  operated  free  from  tolls, 
under  reasonable  rules  to  be  established  by  the  county 
commissioners,  except  that  it  shall  not  be  required  to 
maintain  a  ferry  if  a  highway  bridge  or  tunnel  shall  be 


Acts,  1893.  — Chap.  4G3.  1371 

built  at  or  near  any  of  said  places.  Said  canal  company 
shall  forfeit  fifty  dollars  to  said  town  of  Bourne,  or  to 
said  towns  of  Dennis  and  Yarmouth,  as  the  case  may  be, 
for  each  day  after  any  of  said  highways  is  cut  away,  in 
which  it  shall  fail  to  provide  and  maintain  a  ferry  or  other 
means  of  crossing  at  that  point,  to  be  recovered  upon 
complaint  or  indictment  in  the  county  of  Barnstable,  to 
the  use  of  said  town  of  Bourne,  or  of  said  towns  of  Dennis 
and  Yarmouth,  as  the  case  may  be. 

Section  16.  The  said  canal  company  shall  also  con-  Highways  to  be 
struct  such  highways  to  connect  with  the  bridge  or  bridges, 
tunnel  or  tunnels,  and  ferries  herein  provided  for,  and  such 
other  highways  as  may  be  necessary  to  replace  the  high- 
ways destroyed  by  the  construction  of  said  canal,  in  such 
manner  and  at  such  times  as  the  county  commissioners  for 
the  county  of  Barnstable  shall  prescribe,  upon  each  side 
of  said  canal.  After  the  completion  of  such  highways  and 
their  acceptance  by  the  said  county  commissioners,  the 
said  canal  company  shall  not  be  responsible  in  any  manner 
for  the  further  maintenance  of  the  same,  except  upon  the 
location  of  said  canal  company. 

Section  17.     The  said  canal  company  shall  also  make  Herring  fishery 

1  -,11  •    •  z'        xi  J.-  r  aU      1  •  to  be  continued, 

such  suitable  provision  for  the  continuance  or  the  herring  etc. 
tishery  in  Monument  river  and  Herring  pond,  or  in  Bass 
river  and  the  waters  tributary  thereto,  as  the  commis- 
sioners on  inland  fisheries  may  prescribe ;  and  in  case  of 
injury  to  any  fishery,  including  oyster  fisheries,  shall  pay 
to  the  owner  thereof  such  damages  as  shall,  upon  the 
application  of  either  party,  be  estimated  by  said  commis- 
sioners on  inland  fisheries,  in  a  manner  similar,  so  far  as 
may  be,  to  that  provided  in  laying  out  highways,  and  with 
a  similar  right  of  appeal  to  a  jury  by  proceedings  like 
those  provided  for  in  section  seven  of  this  act. 

Section  18.     The  said  canal  company  may  establish  for  toii  upon 

^  II  11  1  i.  rj.       £•    vessels  using 

its  sole  benefit  a  toll  upon  all  vessels  or  water  cratt  ot  canai. 
whatever  description  which  may  use  its  canal,  at  such 
charges  as  the  directors  thereof  may  determine  ;  and  may, 
except  as  aforesaid,  from  time  to  time  regulate  such  use  in 
all  respects  as  the  directors  may  determine.  Said  corpora-  Towage. 
tion  may  also  furnish  towage  through  said  canal  for  all 
vessels  or  water  craft  which  require  it,  for  which  service 
it  may  establish,  subject  to  the  aforesaid  restrictions,  a 
rate  for  its  sole  benefit  at  such  charges  as  the  directors 
thereof  may  determine. 


1372 


Acts,  1893.  — Chap.  463. 


Penalty  for 
evading  pay- 
ment of  toll. 


Penalty  for  ob- 
structing pas- 
sage of  vessels, 
etc. 


Payments  to 
secretary  and 
treasurer  of  the 
Commonwealth, 


Compensation 
of  county  com- 
missioners. 


Section  19.  Whoever  fraudulently  evades  or  attempts 
to  evade  the  payment  of  any  toll  lawfully  established 
under  section  eighteen  of  this  act,  either  by  misrepresent- 
ing the  register  or  draught  of  any  vessel,  or  otherwise, 
shall  pay  a  fine  of  not  less  than  five  nor  more  than  five 
hundred  dollars,  and  such  ofience  shall  be  punishable  in 
any  count}'  in  the  Commonwealth. 

Section  20.  Whoever  wilfully  and  maliciously  ob- 
structs the  passing  of  any  vessel  or  steam  tug  or  other  water 
craft  in  said  canal,  or  obstructs  the  approaches  to  said 
canal,  within  two  thousand  feet  of  either  extremity  thereof, 
or  in  any  way  injures  said  canal  or  its  banks,  bridge  or 
bridges,  breakwaters,  docks,  wharves,  locks,  gates,  or 
other  structures  or  works,  lights,  buoys,  signals,  or  any- 
thing appertaining  thereto,  or  any  materials  or  implements 
for  the  construction  or  use  thereof,  or  aids  or  abets  in 
such  trespass  or  injuries,  shall  forfeit  to  the  use  of  the 
corporation,  for  each  ofl:ence,  treble  the  amount  of  damages 
proved  to  have  been  sustained  thereby,  to  be  recovered  in 
an  action  of  tort,  in  the  name  of  the  corporation  ;  and 
may  further  be  punished  by  a  fine  not  exceeding  one 
thousand  dollars  or  imprisonment  for  a  term  not  exceed- 
ing one  year. 

Section  21.  Said  corporation  shall  pay  to  the  secre- 
tary of  the  Commonwealth,  on  receiving  the  certificate  of 
incorporation,  the  sum  of  fifty  dollars  ;  and  shall  also  pay 
to  the  treasurer  of  the  Commonwealth  such  sum  of  money 
as  shall  be  fixed  by  the  governor  and  council,  as  compen- 
sation for  the  services  and  expenses  of  the  boards  of  rail- 
road commissioners  and  harbor  and  land  commissioners, 
and  the  special  board  constituted  under  the  provisions  of 
section  thirty  for  performing  the  duties  imposed  on  them 
under  the  provisions  of  this  act.  Said  allowance  for  ex- 
penses shall  include  the  compensation  for  such  expert 
engineers  as  may  be  employed  by  said  boards. 

Section  22.  To  defray  the  expenses  and  recompense 
the  county  commissioners  for  services  rendered  under  this 
act,  it  shall  be  the  duty  of  said  canal  company  to  pay  each 
of  said  commissioners  the  sum  of  six  dollars  per  day  for 
the  time  actually  consumed  in  discharging  their  duties  : 
provided,  however,  that  said  canal  company  shall  not  be 
required  to  pay  either  of  said  commissioners  for  more  than 
fifty  days'  service  in  one  year. 


Acts,  1893.  — Chap.  463.  1373 

Sectiox  23.  Everything  in  chapters  two  hundred  and  Repeal, 
fifty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three,  two  hundred  and  seventy-four  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-four,  two  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven,  and  three  hundred  and  ninety-seven  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one,  and 
all  other  acts  relating  to  the  construction  of  a  canal  from 
Buzzai-d's  bay  to  Barnstable  bay,  inconsistent  herewith  or 
which  might  be  construed  in  derogation  of  the  rights, 
privileges  and  powers  herein  created  and  conferred,  are 
hereby  repealed. 

Section  24.     Said  corporation  shall  not  be  required  to  Payment  of 
pay  any  taxes  to  the  Commonwealth  until  the  canal  shall  ^'^^^^' 
have  been  open  for  use  for  three  years. 

Section  25.     The   construction  of  the  approaches  to  construction  of 
said  canal  from  the  present  line  of  high  water  upon  the  jurisdiction 'of 
shores  seaward,  at  either  end  thereof,  shall  be  subject  to  commLsioiilrrs^ 
the  provisions  of  chapter  nineteen  of  the  Public  Statutes, 
and  said  canal,  when  completed,  shall  be  under  the  juris- 
diction of  the  harbor  and  land  commissioners. 

Section  26.     Any   corporation   organized    under    the  corporations 

1  /•ii'/-^  iji  J  c  may  subscribe 

laws  ot  this  Commonwealth  may,  upon  a  vote  ot  a  for  stools  or 
majority  of  its  stockholders  present  and  voting  at  any  comply!""'''' 
meeting  called  for  that  purpose,  subscribe  for  the  stock 
or  bonds  of  said  canal  company  and  pay  for  the  same  a 
sum  not  exceeding  five  per  cent,  of  the  capital  stock  of 
such  corporation,  or  may  guarantee  the  payment  of  the 
bonds  of  said  canal  company,  to  an  amount  not  exceeding 
five  per  cent,  of  the  capital  stock  of  such  corporation. 

Section  27.     Said   canal   company  shall,  within  four  Deposit  with 
months  after  the  filing  of  the  certificate  provided  for  in  commMweaiih 
section  thirty  of  this  act,  deposit  with  the  treasurer  of  the  o^  ^i^"-'^'^''- 
Commonwealth  one  hundred  and  fifty  thousand  dollars  in 
cash  or  in  United  States  government  bonds,  as  security 
for  the  payment  of  all  damages  occasioned  by  the  laying 
out  and  construction  of  said  canal,  or  of  taking  land  or 
materials  therefor;  one  hundred  thousand  dollars  of  said  Forfeit  of  sioo,- 
one  hundred  and  fifty  thousand  dollars  shall,  subject  to 
the  foregoing  liabilities,  be  forfeited  to  the  town  of  Bourne 
or  Dennis  or  Yarmouth,  on  the  first  day  of  June  in  the 
year  eighteen  hundred  and  ninety-eight,  unless  before  that 
date  at  least  seventy-five  per  cent,  of  the  trunk  of  said 
canal  shall  have  been  excavated. 


1374  Acts,  1893.  — Chap.  463. 

Canal  to  be  SECTION  28.     Said  corporatioD  shall,  within  five  years 

constructed  /»  i  /.         •  i  • 

within  Bve  froiii  the  passage  of  this  act,  construct  or  otherwise  com- 
years,  e  c.  plete  Said  canal  through  the  towns  of  Sandwich  and 
Bourne,  or  through  the  towns  of  Dennis  and  Yarmouth, 
but  shall  not  begin  to  construct  said  canal  until  it  shall 
have  filed  the  location  for  its  said  canal  with  the  county 
commissioners  for  the  county  of  Barnstable,  as  herein- 
before provided.  And  if  said  corporation  shall  fail  to 
fulfil  any  of  the  obligations  of  this  act,  said  corporation 
shall  thereupon  cease  to  exist ;  and  all  rights  of  way, 
buildings,  machinery  or  other  property  outstanding  in 
the  name  of  said  corporation  shall  become  the  property 
of  the  Commonwealth. 
To  be  null  and        SECTION  29.     The  provisious  of  this  act  shall  be  null 

voKl  unless  i/.  •  -i  •  ini 

deposit  is  and   void  unless  the  aforesaid  corporation  shall   deposit 

treasurer  of  the  with  the  trcasurcr  of  the  Commonwealth  the  sum  of  fifty 
Commonwealth,  ^housand  dollars  within  ninety  days  after  the  filing  of  the 
certificate  provided  for  in  section  thirty  of  this  act,  which 
sum  of  money  shall  be  forfeited  to  the  Commonwealth 
unless  the  work  of  construction  is  commenced  within  one 
year  of  the  passage  of  this  act.     Said  sum  of  fifty  thou- 
sand dollars  shall  be  refunded  to  said  corporation  when 
said  canal  is  in  operation. 
Commissioners        SECTION  30.     No  Capital  stock  Or  bouds  shall  be  issued 
and  bonds.         undcr  this  act  until  the  terms  of  such  issue  and  the  pur- 
poses to  which  the    proceeds  thereof  are  to  be  applied 
shall  have  been  submitted  to  and  approved  by  a  special 
board  of  three  commissioners,  to  be  appointed   by  the 
governor,  by  and    with  the  advice  and  consent  of  the 
council.     Any  such   commissioner  may  at  any  time  be 
removed  by  the  governor  for  such  cause  as  he  shall  in 
writing  assign,  and  all  vacancies   caused  by  resignation, 
death  or  otherwise  shall  be  filled  by  the  governor,  with 
Certificate  of      the  advicc  and  consent  of  the  council.     And  if  they  ap- 
approva .  prove  the  tcrms  of  such  issue  and  the  proposed  applica- 

tion of  such  proceeds,  a  certificate  setting  forth  such 
approval  shall  be  executed  by  said  board  and  filed  by 
said  company  in  the  oflSce  of  the  secretary  of  the  Com- 
monwealth. If  such  certificate  shall  not  be  filed  on  or 
before  the  first  day  of  January,  eighteen  hundred  and 
ninety-four,  this  act  shall  be  null  and  void. 

Section  31.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9, 1893. 


Acts,  1893.— Chap.  4G4.  1375 


Ak   Act  relative  to  the   building  laws   for  the   city   of  QJiapAGi: 

IJOSTON. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Section  thirteen  of  cliapter  four  hundred  J^ejjded'.^^^' 
and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-two  is  hereby  amended  by  adding  at  the  end 
thereof  the  words:  —  Whenever  the  inspector  shall  have 
rendered  a  decision  involving  the  construction  and  effect 
of  any  portion  of  this  act,  any  citizen  of  Boston  may  ob- 
tain the  opinion  of  the  board  of  appeal  as  to  the  true  con- 
struction of  the  language  under  which  said  decision  Avas 
rendered,  in  the  following  manner :  Such  citizen  shall  file 
Avith  the  board  of  appeal  an  application  in  writing  for  such 
opinion,  setting  forth  the  language  concerning  which  an 
opinion  is  desired,  and  also  a  statement,  if  practicable,  of 
the  construction  adopted  by  the  inspector.  Such  applica- 
tion must  be  filed  within  ninety  days  of  the  date  of  the 
decision  referred  to.  The  board  shall,  after  notice  to  the 
inspector  and  such  further  notice  and  hearing  as  they  may 
deem  proper,  place  upon  their  records  for  public  inspec- 
tion, and  send  to  said  inspector,  a  written  statement  of 
their  opinion  as  to  the  true  meaning  and  effect  of  the  lan- 
guage set  forth  in  the  application,  and  said  inspector  shall 
thereafter  conform  to  said  opinion  in  issuing  permits.  All 
expense  arising  from  proceedings  to  obtain  an  opinion  of 
the  board,  as  above  provided,  shall  be  paid  by  the  appli- 
cant,—  so  as  to  read  as  follows:  —  Section  13.  Any  Appeal  in  case 
applicant  for  a  permit  from  the  inspector  of  buildings  re-  permi^by  the 
quired  by  this  act,  whose  application  has  been  refused,  or  '°8pector,  etc. 
any  person  who  has  been  ordered  by  the  inspector  to  incur 
any  expense,  may  within  fifteen  days  after  being  notified 
of  such  refusal  or  order,  appeal  from  the  decision  of  the 
inspector  by  giving  to  the  inspector  notice  in  writing  that 
he  does  so  appeal.  Any  person,  the  value  of  whose  prop- 
erty may  be  aflected  by  work  to  be  done  under  a^y  per- 
mit granted  by  the  inspector  of  buildings,  may,  Avithin 
three  days  after  the  issuing  of  such  permit,  appeal  by 
giving  to  the  inspector  notice  in  Avriting  that  he  does  so 
appeal.  All  cases  in  Avhich  appeals  have  been  taken  as 
above  provided  shall  be  referred  to  the  board  of  appeal, 
and  said  board  shall,  after  hearing,  direct  the  inspector  to 
issue  his  permit  under  such  conditions,  if  any,  as  they 
may  require,  or  to  withhold  the  same.     Whenever  the 


1376 


Acts,  1893.  — Chap.  464. 


Opinion  of 
board  of  appeal 
as  to  true  con- 
struction of 
language,  etc. 


1892,  419,  §41, 
amended. 


First  and  second 
class  buildings. 


1892,  419.  §42, 
amended. 


Walls  to  be 
thirty  Inches 
from  roof 
boarding. 


inspector  shall  have  rendered  a  decision  involving  the 
construction  and  effect  of  any  portion  of  this  act,  any 
citizen  of  Boston  may  obtain  the  opinion  of  the  board  of 
appeal  as  to  the  true  construction  of  the  language  under 
which  said  decision  was  rendered,  in  the  following  manner  : 
Such  citizen  shall  file  with  the  board  of  appeal  an  applica- 
tion in  writing  for  such  opinion,  setting  forth  the  language 
concerning  which  an  opinion  is  desired,  and  also  a  state- 
ment, if  practicable,  of  the  construction  adopted  by  the 
inspector.  Such  application  must  be  iiled  within  ninety 
days  of  the  date  of  the  decision  referred  to.  The  board 
shall,  after  notice  to  the  inspector  and  such  further  notice 
and  hearing  as  they  may  deem  proper,  place  upon  their 
records  for  public  inspection,  and  send  to  said  inspector, 
a  written  statement  of  their  opinion  as  to  the  true  mean- 
ing and  effect  of  the  language  set  forth  in  the  application, 
and  said  inspector  shall  thereafter  conform  to  said  opinion 
in  issuing  permits.  All  expense  arising  from  proceedings 
to  obtain  an  opinion  of  the  board,  as  above  provided,  shall 
be  paid  by  the  applicant. 

Section  2.  Section  forty-one  of  said  chapter  is  hereby 
amended  by  adding  at  the  end  thereof  the  words  ;  —  No 
wall  in  any  second  class  building  shall  be  increased  in 
height  unless  the  entire  building  is  so  altered  as  to  con- 
form to  the  requirements  of  this  act,  —  so  as  to  read  as 
follows:  —  Section  41.  In  first  and  second  class  build- 
ings all  party  and  bearing  partition  walls  above  the  founda- 
tion shall  be  of  brick,  and  no  such  party  or  partition  wall 
shall  hereafter  be  furred  with  wood,  but  all  such  walls 
shall  be  plastered  on  masonry  or  on  metal  lathing.  No 
wall  in  any  second  class  building  shall  be  increased  in 
height  unless  the  entire  building  is  so  altered  as  to  con- 
form  to  the  requirements  of  this  act. 

Section  3.  Section  forty-two  of  said  chapter  is 
hereby  amended  by  striking  out  in  the  third  line,  the  word 
"twelve",  and  inserting  in  place  thereof  the  word:  — 
thirty,  —  and  by  adding  at  the  end  thereof  the  words  :  — 
and  provided,  further,  that  in  the  case  of  buildings  not 
over  forty-five  feet  in  height  the  distance  that  any  wall  is 
carried  above  the  roof  boarding  need  not  exceed  twelve 
inches,  —  so  as  to  read  as  follows  :  —  Section  42.  In 
buildings  hereafter  built  all  party  walls  and  the  partition 
walls  required  by  this  act  shall  be  built  through,  and  at 
least  thirty  inches  above  or  distant  from,  the  roof  board- 


Acts,  1893.  — Chap.  4G4.  1377 

ing,  at  the  nearest  point ;  shall  be  entirely  covered  with 
stone  or  metal  securely  fastened,  and  corbelled  to  the 
outer  edge  of  all  projections  :  provided,  that  a  gutter  Provisos. 
stone  of  suitable  dimensions  and  properly  balanced  may 
be  inserted  in  place  of  the  corbelling;  and  provided,  fur- 
ther, that  in  the  case  of  buildings  not  over  forty-tive  feet 
in  height  the  distance  that  any  wall  is  carried  above  the 
roof  boarding  need  not  exceed  twelve  inches. 

Section  4.     Section  forty-six  of  said  chapter  is  hereby  i892, 419,  §46, 
amended  by  striking  out  the  word  "  twelve",  in  the  third  "™®°'*^'^- 
line,  and  substituting  therefor  the  word  :  —  thirty,  —  also 
by  striking  out  the  words  "  ten  thousand  ",  whenever  they 
occur  in  said  section,  and  substituting  the  words  :  —  eight 
thousand, — in  place  thereof;  also  by  adding  at  the  end 
thereof  the  following  :  — provided,  that  in  buildings  hav- 
ing a  height  of  not  over  forty-five  feet,  the  height  above 
the  roof  of  the  said  brick  partition  walls  need  not  exceed 
twelve  inches,  —  so  as  to  read  as  follows:  —  Section  46.  Partition  waits, 
Second  class  buildings  hereafter  built  shall  be  so  divided  to  IxcTe'd  eight 
by  brick  partition  walls  of  the  thickness  prescribed  for  ''^""^""'^  ^®*''- 
bearing   partition  walls  and  carried  thirty  inches  above 
the  roof,  that  no  space  inside  any  such  building  shall  ex- 
ceed in  area  eight  thousand  square  feet,  and  no  existing 
wall  in  any  second  class  building  shall  be  removed  so  as 
to  leave  an  area  not  so  enclosed,  of  more  than  eight  thou- 
sand square  feet :  provided,  that  in  buildings  having  a 
height  of  not  over  forty-five  feet,  the  height  above  the 
roof  of  the  said  brick  partition  walls  need  not  exceed 
twelve  inches. 

Section   5.       Section   sixty-three   of  said   chapter  is  1892, 4i9.  §63, 
hereby  amended  by  inserting  in  the  twenty-first  line,  after  *™«°'^^'^- 
the  word  "used",  the  words:  —  and  in  all  seeond  class 
buildings  of  the  character  described,  all  stairways  shall  be 
enclosed  in  walls  or  shafts  of  non-inflammable  material, 
and  all  openings  in  said  walls  or  shafts  shall  be  provided 
with  metal  covered  doors  hung  to  rabbetted  iron  frames 
with  iron  thresholds,  —  so  as  to  read  as  follows:  —  >S'6c- Fire  stop,  air 
tion   63.     Every  second   class    building   hereafter  built,  '^"*"" 
except  as  hereinafter  provided,  shall  have  a  sufficient  fire 
stop  at  each  floor,  covering  the  whole  floor  of  each  story 
through  all  stud  partitions,  and  extending  to  the  masonry 
walls.     Every  air  duct,  except  those  expressly  sanctioned 
by  this  act,  shall   be  effectually  stopped  at  each  story. 
Every  such  fire  stop   shall   consist  of  a  solid,  air-tight 


1378 


Acts,  1893. —  Chap.  4G4. 


Proviso. 


Stairways  in 
fireproof  wails 
etc. 


Filling  of  in- 
combnstibles. 


1892,  419,  §74, 
amended. 


Boilers,  heaters, 
etc.,  set  on  fire- 
proof material, 
enclosed,  etc. 


cohesive  layer,  at  least  one  inch  thick,  of  tile,  brick, 
terra  cotta  or  like  fire  made  material,  plaster,  cement, 
cinder  or  ashes,  or  of  a  combination  of  the  same,  or  of 
equally  non-infiammable,  non-heat  conducting  materials 
laid  between  the  upper  and  under  floors,  or  occupying  all 
the  space  between  the  timbers  under  the  under  floor : 
provided,  that  all  second  class  buildings  hereafter  erected, 
of  forty-five  feet  or  more  in  height,  which  are  used  above 
the  first  floor  as  storage  stores,  warehouses  or  stores  for 
the  storage  and  sale  of  merchandise  shall  have  a  tight 
splined  or  tongued  and  grooved  under  floor  of  at  least 
two  inch  plank,  with  an  upper  floor  one  inch  thick, 
matched  and  breaking  joints,  and  in  such  buildings  fire 
stops  need  not  be  used ;  and  in  all  second  class  buildings 
of  the  character  described,  all  stairways  shall  be  enclosed 
in  walls  or  shafts  of  non-inflammable  material,  and  all 
openings  in  said  walls  or  shafts  shall  be  provided  with 
metal  covered  doors  hung  to  rabbetted  iron  frames  with 
iron  thresholds.  The  foot  of  each  partition,  and  of  each 
tier  of  studding  or  furring,  shall  be  filled  solid  between 
the  uprights  to  the  full  width  thereof,  and  to  the  height 
of  six  inches  above  the  floor,  with  the  same  incombus- 
tibles  as  above  prescribed  for  fire  stops  or  some  combina- 
tion thereof.  The  spaces  between  such  parts  of  floor  joists 
as  rest  upon  partition  heads  shall  be  tilled  with  the  mate- 
rials  above  required.  The  spaces  between  stringers  of 
staircases  and  joists  of  landings,  unless  unceiled,  shall  be 
so  stopped  with  some  of  the  incombustibles  above-men- 
tioned, at  three  places  at  least  in  every  flight  of  stairs,  as 
to  prevent  the  passage  of  air. 

Section  6.  Section  seventy-four  of  said  chapter  is 
hereby  amended  by  inserting  in  the  first  line,  after  the 
word  "  steam",  the  w^ord  :  —  heat,  — and  inserting  in  the 
second  line,  after  the  word  "furnace",  the  words:  —  or 
hot  water  heater,  —  so  as  to  read  as  follows  :  —  Section  74. 
No  boiler  to  be  used  for  steam  heat  or  motive  power,  and 
no  furnace  or  hot  water  heater  shall  be  placed  on  any 
floor  above  the  cellar  floor,  unless  the  same  is  set  on  non- 
combustible  beams  and  arches,  and  in  no  case  without  a 
permit  from  the  inspectoiv^  Every  steam  boiler  in  a 
building  to  be  used  for  office,  mercantile  or  manufactur- 
ing purposes,  or  to  be  used  as  a  lodging  or  tenement 
house,  shall  be  enclosed  in  a  fireproof  room  of  brick, 
terra  cotta,   stone,   iron  or  other   similar   incombustible 


Acts,  1893.  — Chap.  465.  1379 

material,  with  openings  closed  by  metal  covered  doors, 
hung  to  rahhotted  iron  frames,  or  to  iron  hinges  in  brick 
or  iron  rabbets.  No  range,  stove,  oven  or  boiler  shall 
be  used  for  cooking  in  a  hotel  or  restaurant,  or  for 
manufacturing  purposes,  until  the  same  has  been  exam- 
ined and  api)roved  by  the  inspector. 

Sectiox   7.      Section    seventy-five    of  said    chapter    is  1892, 4i9,  §75, 
hereby  amended  by  inserting  in  the  second  line,  after  the  "™^"  "^ 
word  "erected",  the  words:  —  or  altered  by  increasing 
the  height  of  the  front,  rear  or  sides  thereof,  —  so  as  to 
read  as   foHows  :  —  Section    75.     In   every  second  class  Exterior  parts 
building  hereafter  erected  or  altered   by  increasing  the  tTustlbre?"*" 
height  of  the  front,  rear  or  sides  thereof,  all    exterior 
parts  more  than  forty-five  feet  above  the  sidewalk,  except 
window  frame  sashes  and  blinds,  shall  be  made  of  metal, 
stone,  brick  or  other  equally  incombustible  material. 

Approved  June  9,  1893. 

An  Act  to  authorize  towns  to  use  the  mctammany  auto-  niinr)  'i9\^ 

MATIC   BALLOT   MACHINES   AT   ELECTIONS   OF  TOWN   OFFICERS.  * 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Any  town  may  by  a  majority  vote  of  the  McTammany 
legal  voters  thereof  present  and  voting  thereon  at  a  meet-  ToTra'^chines'' 
ing  held  not  less  than  ten  days  before  its  annual  town  {^w^n^ele"ctioiis' 
meeting,  determine  upon,  purchase  and  order  the  use  of 
one  or  more  McTammany  automatic  ballot  machines  at 
elections  of  town  officers  in  said  town ;    and  thereafter 
at  all  elections  of  town  officers  in  said  town,  until  other- 
wise ordered  by  the  board  of  selectmen,  said  McTammany 
automatic  ballot  machines  shall  be  used  for  the  purpose 
of  voting  for  the  officers  to  be  elected  at  such  elections 
and  for  taking  the  vote  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors,  and  for  regis- 
tering and  recordino^  the  votes  cast  thereat. 

Section  2.  The  ballot  by  means  of  which  the  elector  Baiiot. 
designates  his  choice  or  vote  in  said  McTammany  auto- 
matic ballot  machines  shall  be  in  secret  and  shall  be  a 
cardboard  or  paper  ticket  which  shall  contain  written  or 
printed,  or  partly  written  and  partly  printed,  the  names  of 
the  persons  for  whom  the  elector  intends  to  vote,  and 
shall  designate  the  office  to  which  each  person  so  named 
is  intended  by  him  to  be  chosen,  and  shall  not  contain 
any  other   printed  or  written    device  or   distinguishing 


1380 


Acts,  1893.  — Chap.  465. 


Regulations. 


Canvaaa  of 
votes. 


Proceedings 
when  vote  is 
chalienged. 


Proviso. 


Proceedings 
■when  voter 
makes  a  mis- 
take in  voting. 


mark,  excepting  the  political  or  party  designation  of  each 
person  so  to  be  voted  for,  and  index  hands  pointing  to 
the  slot  through  which  the  elector  marks  or  registers  his 
vote.  The  board  of  selectmen  may  make  regulations  for 
the  use  of  said  McTammany  automatic  ballot  machines, 
but  such  regulations  shall  require  all  actions  and  pro- 
ceedings of  the  election  officers  to  be  in  public,  in  the 
presence  of  the  voters,  and  shall  not  be  inconsistent  with 
law  further  than  may  be  necessary  by  reason  of  the  use 
of  such  McTammany  automatic  ballot  machines  for  the 
purpose  of  holding  elections  and  recording  and  canvassing 
the  results  thereof. 

Section  3.  At  the  close  of  the  polls  at  such  elections 
at  which  said  McTammany  automatic  ballot  machines 
shall  be  used,  the  canvassers  shall  proceed  to  ascertain 
publicly  the  total  number  of  votes  cast  or  recorded  for 
each  candidate  for  each  office,  as  recorded  and  declared 
by  the  ballot  register  or  tally  sheet  used  in  said  machines, 
and  such  ascertainment  of  the  results  shall  be  deemed  to 
be  the  canvassing  of  the  votes  cast  at  such  election. 

Section  4.  When  in  any  election,  at  which  the  ballot 
machine  herein  provided  for  is  used,  the  right  of  any  per- 
son offering  to  vote  is  challenged  for  any  cause  recognized 
by  law,  the  selectmen  or  presiding  officer  shall  furnish  a 
blank  sheet  of  paper  on  which  they  shall  require  the  name 
and  residence  of  the  person  so  offering  to  vote  to  be  writ- 
ten, either  by  himself  or  by  some  one  in  his  behalf,  and 
the  selectmen  or  presiding  officer  shall  add  thereto  the 
words  "vote  challenged  by",  the  name  of  the  person 
challenging  and  the  cause  assigned  therefor,  and  the  num- 
ber of  the  challenged  vote  as  shown  by  the  indicator  on 
the  box,  before  the  challenged  person  shall  be  allowed  to 
vote :  provided,  that  nothing  contained  in  this  section 
shall  be  so  construed  as  to  permit  any  election  officers  to 
receive  any  vote  which  they  are  by  law  required  to  refuse. 
Every  memorandum  of  a  challenge  made  as  herein  required 
shall  be  considered  as  a  part  of  the  ballot  card  contained 
in  the  machine  and  be  subject  to  the  existing  laws  in 
regard  to  the  preservation  of  ballots. 

Section  5.  If  a  voter  makes  a  mistake  in  voting  he 
may,  before  leaving  the  polling  booth  or  the  machine, 
require  the  person  having  charge  of  the  machine  to  cancel 
his  vote  by  marking  with  a  blue  pencil  in  all  the  spaces 
wherein  such  voter  might  have  marked,  or  by  taking  a 


Acts,  1893.  — Chap.  4tm.  1381 

record  of  the  knobs  mistakenly  pushed  in  by  the  voter, 
which  shall  be  subtracted  from  the  total  of  the  several 
candidates  so  voted  for,  after  the  final  ascertainment  of 
the  result,  and  shall  thereupon  be  entitled  to  vote  again  ; 
but  such  cancellation  and  new  voting  shall  not  be  per- 
mitted more  than  twice  to  any  voter. 

Section  6.  At  any  election  at  which  the  ballot  ma- Baiiote, etc.,  for 
chine  herein  provided  for  is  used,  the  selectmen  shall  deposu'^anT' 
provide  a  sufficient  number  of  blank  sheets  of  paper  for  ^anou"^  °* 
ballots  not  more  than  live  nor  less  than  four  and  a  half 
inches  wide  and  not  more  than  twelve  nor  less  than  eleven 
and  a  half  inches  in  length  with  envelopes  of  convenient 
size  to  enclose  said  ballots.  Any  voter  may  vote  on  one 
of  said  blank  ballots  instead  of  on  the  machine,  but  no 
such  vote  shall  be  received  by  the  presiding  officers  at  any 
election  provided  for  in  this  act,  unless  presented  by  the 
voter  in  person  in  a  sealed  envelope  or  open  and  unfolded 
and  so  that  such  officers  can  know  that  only  one  ballot  is 
presented.  The  presiding  officers  shall  provide  a  suitable 
box  in  which  said  ballots  shall  be  deposited.  Votes  for 
different  pea'sons  cast  as  provided  in  this  section  for  the 
same  office  found  in  one  envelope  shall  not  be  counted, 
and  if  more  than  one  vote  for  the  same  person  for  the 
same  office  is  found  in  one  envelope,  but  one  such  vote 
shall  be  counted ;  and  no  vote  shall  be  counted  which 
does  not  clearly  indicate  in  writing  the  office  to  which  it 
is  intended  to  elect  the  person  voted  for,  except  when  but 
one  officer  is  voted  for.  Approved  June  9,  1893. 

An  Act  relative  to  the  punishment  for  rape.  Ohnrt  4fifi 

5e  it  enacted.,  etc.,  as  follows: 

Section  1.     Whoever  ravishes  and  carnally  knows  a  Penalty  for 
female  by  force  and  against  her  will  shall  be  punished  by  '^'*^^' 
imprisonment  in  the  state  prison  for  life,  or  for  any  term 
of  years. 

Section  2.     Whoever  unlawfully  and  carnally  knows  Age  of  coneent; 
and  abuses  a  female  child  under  the  age  of  sixteen  years  p^^'^''^' *^''°' 
shall  be  punished  by  imprisonment  in  the  state  prison  for 
life  or  for  any  term  of  years,  or  for  any  term  in  any  other 
penal  institution  in  the  Commonwealth. 

Section  3.     Chapter  three  hundred  and  ninety-one  of  1888.391,  re- 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  repealed.  Approved  June  9,  1893, 


1382 


Acts,  1893.  — Chap.  467. 


(JJiavAGl   ^'^    ^^"^    '^^    AMEND    AN    ACT    TO    EEA^SE    THE    CHARTER    OF    THE 

CITY   OF  LOWELL. 


1893,  429,  §27, 
amended. 


poor. 


Be  it  enacted,  etc.^  as  follows: 

Section  1.  Form  two  of  section  twenty-seven  of  chap- 
ter four  hundred  and  twenty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three  is  hereby  amended  by 
striking  out  the  word  "  ninety-three",  where  it  occurs  in 
said  form,  and  inserting  in  place  thereof  the  word:  — 
Overseers  of  the  niucty-four,  —  SO  as  to  read  as  follows: —  [Form  Two.] 
The  board  of  overseers  of  the  poor  shall  consist  of  the 
mayor,  who  shall  be  chairman  ex  officio,  and  six  other 
citizens,  neither  of  whom  shall  hold  any  other  elective 
or  appointive  office  under  the  city  council,  and  shall  be 
chosen  by  concurrent  vote  of  the  city  council,  in  the 
month  of  January  in  each  year,  in  the  manner  follow- 
ing, and  each  ward  of  the  city  shall  have  no  more  than 
one  representative  on  said  board.  In  the  month  of  Janu- 
ary in  the  year  eighteen  hundred  and  ninety-four  three 
citizens  shall  be  elected  to  serve  for  one  year  and  three 
for  two  years,  and  thereafter  in  the  month  of  January  of 
each  year  three  citizens  shall  be  elected  to  serve  for  two 
years  :  provided,  hoiuever,  that  if  in  any  year  of  a  new 
division  of  the  city  into  wards  the  number  of  wards  shall 
be  increased,  a  member  of  said  board  shall  be  elected  for 
each  new  ward,  to  serve  for  the  term  of  two  years  as 
hereinbefore  provided  for.  In  case  of  a  vacancy  in  said 
board  the  city  council  shall  fill  such  vacancy  by  electing 
a  citizen  from  the  ward  wherein  said  vacancy  exists,  to 
serve  for  the  remainder  of  said  term.  The  members  of 
the  board  of  overseers  of  the  poor  shall  be  sworn  to  the 
faithful  discharge  of  their  duties  and  shall  serve  until  their 
successors  are  chosen  and  qualified.  They  may  appoint 
a  secretary  and  superintendent  and  such  other  subordinate 
officers  as  the  ordinances  of  the  city  may  require,  and 
may  define  the  duties  of  said  officers  :  provided,  however, 
that  the  compensation  of  said  officers  shall  be  established 
by  the  city  council.  Said  board  shall  have  all  the  powers 
heretofore  conferred  upon  the  overseers  of  the  poor  of 
the  city  of  Lowell,  by  any  general  or  special  law,  and  all 
the  powers  of  overseers  of  the  poor  in  towns ;  and  in 
addition  thereto  said  board  shall  be  subject  to  such  regu- 
lations as  the  city  council  may  by  ordinance  establish. 


Vacancies. 


Secretary, 

superintendent, 

etc. 


Acts,  1893.  — Chap.  408. 


1383 


Section    2.     A   majority   of  the   votes    actually   cast  votes  required 
on  either  the  iirst,  second,  third,  fourth,  fifth,  sixth  or  certain  prop-" 
seventh  propositions  submitted  to  the  qualitied  voters  of  ''"'^'"°*- 
the  city  of  Lowell  under  section  thirty-three  of  said  act 
shall  be  required  for  the  adoption   of  such  proposition 
except  in  the  case  of  an  equal  number  of  votes  for  and 
against  such  proposition. 

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

Approved  June  5,  1893. 


ChapAm 


An  Act  to  apportion  and  assess  a  state  tax  of  two  mil- 
lion AND  FIVE  HUNDRED  THOUSAND  DOLLARS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Each  city  and  town  in  this  Commonwealth  state  tax  of 
shall  be  assessed  and  pay  the  several  sums  with  which  *-'^"^'*^^"- 
they  stand  respectively  charged  in  the  following  schedule, 
that  is  to  say  :  — 

BARNSTABLE  COUNTY. 


Barnstable 
CouDty. 


Barnstable, 
Bourne, 
Brewster,  . 
Chatham,  . 
Dennis, 
Eastham,  . 
Falmouth, . 
Harwich,   . 
Mashpee,  . 
Orleans,     . 
Provincetown, 
Sandwich,  . 
Truro, 
Wellfleet,  . 
Yarmouth, 


Forty-two  hundred  dollai'S, 

Fourteen  hundred  and  seventy-five 

dollars, 

Six  hundred  and  fifty  dollars, . 

Ten  hundred  and  seventy-five  dol- 
lars,         

Seventeen  hundred  and  fifty  dollars. 

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

Fifty-nine  hundred  and  twenty-five 
dollars, 

Thirteen  hundred  and  fifty  dollars. 

One  hundred  and  seventy-five  dol- 
lars,         

Seven  hundred  and  twenty-five  dol- 
lars,         

Twenty-six  hundred  and  twenty-five 
dollars, 

Eleven  hundred  dollars,  . 

Four  hundred  dollars. 

Eight  hundred  and  twenty-five  dol- 
lars,         

Two  thousand  and  fifty  dollars, 


|4,200  00 


1,475  00 
650  00 


1,075  00 
1,750  00 


325  00 

5,925  00 
1,350  00 


175  00 

725  00 

2,G25  00 
1,100  00 

400  00 


825  00 
2,050  00 


$24,650  00 


1384 


Acts,  1893.— Chap.  468. 


Berkshire 
County. 


BERKSHIRE  COUNTY. 


Adams, 

Alford,       . 

Becket, 

Cheshire,  . 

Clarksburg, 

Dalton,      . 

Egremout, 

Florida, 

Great  Barrington , 

Hancock,   . 

Hinsdale,  . 

Lanesborough, 

Lee,  . 

Lenox, 

Monterey, . 

Mt.  Washington, 

New  Ashford, 

N.  Marlborough 

North  Adams, 

Oti?,  . 

Peru, . 

Pittsfield,  . 

Richmond, 

Sandisfield, 

Savoy, 

Sheffield,  . 


Forty-one  hundred  and  twenty-five 

dollars $4,125  00 

Two  hundred  and  seventy-five  dol- 
lars,       ......  275  00 

Five  hundred  dollars,       .        .        .  600  00 

Eight  hundred  and  twenty-five  dol- 
lars   825  00 

Two  hundred  and  seventy-five  dol- 
lars,          275  00 

Twenty-seven    hundred    and    fifty 

dollars 2,750  00 

Five  hundred  dollars,       .        .        .  500  00 

Two  hundred  dollars,       .        .        .  200  00 

Thirty-seven  hundred  and  twenty- 
five  dollars 3,725  00 

Four  hundred  and  fifty  dollars,        .  450  00 

Eight  hundred  and  fifty  dollars,      .  850  00 

Five  hundred  and  seventy-five  dol- 
lars,          675  00 

Twenty-one  hundred  and  fifty  dol- 
lars,          2,150  00 

Three  thousand  dollars,    .        .        .  3,000  00 

Two  hundred  and  seventy-five  dol- 
lars,          275  00 

Seventy-five  dollars,  ...  75  00 

Seventy-five  dollars,         ...  75  00 

Six  hundred  and  seventy-five  dol- 
lars,          675  00 

Seven  thousand  and  fifty  dollars,     .  7,050  00 

Two  hundred  and  fifty  dollars,        .  250  00 

One  hundred  and  twenty-five  dol- 
lars   125  00 

Twelve  thousand  nine  hundred  and 

seventy-five  dollars,       .         .         .  12,975  00 

Five  hundred  and  twenty-five  dol- 
lars   525  00 

Four  hundred  dollars,       .        .        .  400  00 

Two  hundred  and  twenty-five  dol- 
lars   225  00 

One  thousand  dollars,       .        .        .  1,000  00 


Acts,  1893.  — Chap.  4G8. 


1385 


BERKSHIRE  COCNTY  — Concluded. 


Stockbridge, 
Tyringliani, 
Washington, 
W.  Stockbridge, 
Williamstown,  . 
Windsor,  . 


Thirty-four  hundred  and  twenty-five 

dollars 

Two  hundred  and  fifty  dollars, 

Two  hundred  and  twenty-five  dol- 

lai's, 

Seven  hundred  and  seventy-five  dol 

lars, 

Twenty-four  hundred  and  fifty  dol 

lars, 

Two  hundred  and  twenty-five  dol 

lars, 


Berkshire 
County. 


$3,425  00 
250  00 


225  00 

775  00 

2,450  00 

225  00 


$51,200  00 


BRISTOL  COUNTY. 


Bristol  County 


Acushnet,  . 

Seven  hundred  and  twenty-five  dol- 

lars,         

$725  00 

Attleborough,   . 

Forty-seven  hundred  and  fifty  dol- 

lars,         

4,750  00 

Berkley,    . 

Five  hundred  and  twenty-five  dol- 

lars,         

525  00 

Dartmouth, 

Twenty-three  hundred  and  fifty  dol- 

lars,         

2,350  00 

Dighton,    . 

Nine  hundred  dollars. 

900  00 

Easton, 

Fifty-five  hundred  and  seventy-five 

dollars, 

5,575  00 

Fairhaven,. 

Nineteen  hundred  and  seventy -five 

dollars, 

1,975  00 

Fall  River, 

Fifty-eio;ht  thousand  and  one  hun- 
dred dollars, 

58,100  00 

Freetown, . 

Ten   hundred  and  twenty-five  dol- 

lars,         

1,025  00 

Mansfield, 

Eighteen  hundred  and  fifty  dollars. 

1,850  00 

New  Bedford,   . 

Forty-four  thousand  eight  hundred 

and  twenty-five  dollars. 

44,825  00 

N.  Attleborough, 

Forty-two  hundred  and  fifty  dollars. 

4,250  00 

Norton, 

Nine  hundred  and  twenty-five  dol- 

lars,         

925  00 

Raynham, . 

Ten   hundred  and  twenty-five  dol- 

lars,         

1,025  00 

Rehoboth, . 

Eight  hundred  and  twenty-five  dol- 

lars  

825  00 

Seekonk,   . 

Nine  hundred  and  twenty-five  dol- 

lars,         

925  00 

1386 


Acts,  1893.  — Chap.  468. 


Bristol  County. 


BRISTOL  COUNTY  —  Concluded. 


Dukea  County. 


Somei'set, 
Swanzey, 
Taunton, 
Westport, 


Chilmark, . 
Cottage  City, 
Edgartown, 
Gay  Head, 
Gosnold,    . 
Tisbuiy,     . 


Eleven  hundred  and  seventy -five  dol- 
lars,         

Fourteen  hundred  and  fifty  dollars. 

Twenty  thousand  and  six  hundred 

dollars, 

Sixteen  hundred  dollars,  . 


DUKES   COUNTY. 


Two  hundred  and  fifty  dollars. 

Fifteen  hundred  and  fifty  dollars. 

Eight  hundred  and  seventy-five  dol- 
lars,         

Twenty-five  dollars. 

Two  hundred  and  twenty-five  dol- 
lars,         

Twelve  hundred  dollars,  . 


$1,175  00 
1,450  00 


20,600  00 
1,600  00 

$155,375  00 


$250  00 
1,550  00 


875  00 
25  00 


225  00 
1,200  00 

$4,125  00 


Essex  County. 


ESSEX  COUNTY. 


Amesbury, 
Andover,  . 
Beverly,  . 
Boxford,  . 
Bradford,  . 
Danvers,  . 
Essex, 
Georgetown, 
Gloucester, 
Groveland, 


Fiftv-two  hundred  and  twenty-five 

dollars, $5,225  00 

Fifty-two  hundred  and  seventy-five 

dollars, 6,275  00 

Fourteen   thousand   seven  hundred 

and  twenty-five  dollars,         .         .  14,725  00 

Seven  hundred  and  seventy-five  dol- 
lars   775  00 

Twenty-four  hundred  and  twent}-- 

five  dollars 2,425  00 

Forty-five  hundred  and  seventy-five 
dollars, 4,575  00 

Ten  hundred  and  seventy-five  dol- 
lars   1,075  00 

Eleven    hundred    and    seventy-five 

dollars, 1,175  00 

Fifteen  thousand  nine  hundred  and 

twenty-five  dollars,       .        .        .  15,925  00 

Ten  hundred  and  fifty  dollars,         .  1,050  00 


Acts,  1893.  — Chap.  468. 


1387 


ESSEX  COUNTY  — Concluded. 


Esses  Couuty. 


Hamilton, 
Haverhill,. 
Ipswich,    . 
Lawrence,. 
Lynu, 
Lyimfield, . 
Manchester, 
Marblehead, 
Merrimac, 
Methuen,  . 
Middleton, 
Nahant, 
Newbury,  . 
Newburyport, 
North  Andover, 
Peabody,    . 
Rockport,  . 
Rowley,     . 
Salem, 
Salisbur}-, . 
Saiigus, 
Swampscott, 
Topsfield,  . 
Wenham,  . 
West  Newbury, 


Ten  hundred  and  seventy-five  dol 

lars,  ..... 
Twenty-two    thousand     and    three 

hundred  dollars,    . 
Twenty-nine  hundred   and  twenty 

five  dollars,  .... 
Thirty-three  thousand  nine  hvnidred 

and  twenty-five  dollars, 
Forty-eight  thousand  eight  hundred 

and  twenty-five  dollars. 
Six  hundred  and  fifty  dollars,  . 

Eighty-three  hundred  and   twenty 

five  dollars,  .... 
Fifty-seven  hundred  dollars,    . 

Sixteen  hundred  and  fifty  dollars. 

Thirty-six  hundred  and  twenty-five 

dollars, 

Six  hundred  and  twenty-five  dollars 

Sixty-one  hundi'ed  and  fifty  dollars 

Twelve  hundred  dollars, . 

Eleven  thousand  and  seven  hundred 

dollars, 

Thirty-six  hundred  and  seventy-five 

dollars, 

Eighty-five  hundred  and  twenty-five 

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

five  dollars,  .... 
Seven  hundred  dollars,     . 

Thirty  thousand  one  hundred  and 

fifty  dollars,  .... 
Seven  hundred  dollars,     . 

Twenty-eight  hundred  and  twenty 

five  dollars,  .... 
Six  thousand  and  fifty  dollars. 

Eleven  hundred  and  twenty-five  dol 

lars, 

Six  hundred  and  fifty  dollars,  . 

Eleven  hundred  and  twenty-five  dol- 
lars,         


fl,075  00 

22,300  00 

2,925  00 

83,925  00 

48,825  00 
650  00 


8,325  00 
6,700  00 

1,650  00 


3,625  00 

625  00 

6,150  00 

1,200  00 

11,700  00 

3,675  00 

8,525  00 

2,375  00 

700  00 

30,150  00 

700  00 

2,825  00 

6,050  00 

1,125  00 

650  00 

1,125  00 


$258,800  00 


1388 


Acts,  1893.  — Chap.  468. 


Franklin 
County. 


FRANKLIN  COUNTY. 


Ashfield,    .        .     Five  hundred  and  fifty  dollars, 

Bernardston,     .     Five  hundred  dollars, 

Buckland,  .     Six  hundred  and  fifty  dollars,  . 

Charlemont,      .     Four  hundred  and  twenty-five  dol- 
lars,         

Colrain,     .        .     Six  hundred  and  fifty  dollars,  . 

Conway,    .        .     Eight  hundred  and  twenty-five  dol 

lars, 

Deerfield,  .        .     Sixteen  hundred  and  fifty  dollars, 

Erving,      .        .     Four  hundred  and  twenty-five  dol 

lars, 

Gill,  .        .        .     Five  hundred  and  fifty  dollars, 

Greenfield,        .     Fifty-six  hundred  and  twenty-five 

dollars,  .... 

Hawley,    .         .     Two  hundred  dollars, 

Heath,       .        .     Two  hundred  dollars, 

Leverett,    .        .     Three  hundred  and  twenty-five  dol 

lars,        

Leyden,     .        .     Two  hundred  dollars, 

Monroe,     .        .     One  hundred  and  fifty  dollars, 

Montague,  .     Thirty-seven  hundred  and  seventy- 

five  dollars,    .... 
New  Salem,       .     Three  hundred  and  fifty  dollars, 

Northfield,         .     Nine  hundred  and  seventy-five  dol 

lars, 

Orange,     .        .     Thirty-one  hundred  dollars,     . 

Rowe,        .        .     Two  hundred  and  fifty  dollars, 

Shelburne,         .     One  thousand  dollars, 

Shutesbury,  .  One  hundred  and  seventy-five  dol 
lars, 

Sunderland,  .  Four  hundred  and  seventy-five  dol 
lars, 

Warwick,  .  .  Three  hundred  and  twenty-five  dol 
lars,        

Wendell,  .        .     Two  hundred  and  fifty  dollars. 


Whately,  .        .     Five  hundred  and  twenty-five  dollars, 


$550  00 
500  00 
650  00 


425  00 
650  00 


825  00 
1,650  00 


425  00 
550  00 


5,625  00 
200  00 

200  00 


325  00 
200  00 

150  00 


3,775  00 
350  00 


975  00 
3,100  00 

250  00 

1,000  00 

175  00 
475  00 

325  00 

250  00 

525  00 
m,l25  00 


Acts,  1893.  — Chap.  468. 


1389 


HAMPDEN  COUNTY. 


Hampden 
County. 


Aga\vam,  . 
Blandford, 
Brlmfield, . 
Chester,     . 
Chicopee,  . 
Granville, . 
Hampden,. 
Holland,    . 
Holyoke,    . 
Longmeadow,   . 
Ludlow,     . 
Monson,    . 
Montgomery,    . 
Palmer, 
Russell, 
South  wick, 
Springfield, 
Tolland,     . 
Wales, 
Westfield, . 
West  Springfield, 
Wilbraham, 


Fourteen  hundred  dollars, 

Four  luindred  and  fifty  dollars 

Five  hundred  dollars, 

Six  hundred  and  fifty  dollars, 

Seventy-six  hundred  dollars. 

Four  hundred  and  twenty-five 

lars,        .... 
Four  hundred  and  fifty  dollars 

One  hundred  dollars. 


dol 


hun- 


Twenty-five  thousand  and  four 

dred  dollars,  . 
Fourteen  hundred  and  fifty  dollars, 

Nine  hundred  and  seventy-five  dol- 
lars,         

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

One  hundred  and  fifty  dollars, 

Twenty-nine  hundred  and  fifty  dol 

lars, 

Five  hundred  and  fifty  dollars, 

Six  hundred  dollars. 

Fifty-five  thousand  two  hundred  and 
fifty  dollars,  .... 

One  hundred  and  seventy-five  dol 
lars, 

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

Eighty-one  hundred  and  twenty-five 
dollars,  ..... 

Thirty-nine  hundred  dollars,    . 

Nine  hundred  dollars, 


$1,400  00 

450  00 

500  00 

650  00 

7,600  00 


425  00 

450  00 

100  00 


25,400  00 
1,450  00 


975  00 

2,275  00 
150  00 


2,950  00 
550  00 

600  00 


55,250  00 

175  00 

325  00 

8,125  00 
3,900  00 

900  00 

$114,600  00 


1390 


Acts,  1893.  — Chap.  468. 


Hampshire 
County. 


HAMPSHIRE  COUNTY. 


Amherst,   . 

Belchei'town, 

Chesterfield, 

Cummington, 

Easthampton, 

Eufield,      . 

Goshen, 

Granby, 

Greenwich, 

Hadlej, 

Hatfield,    . 

Huntington, 

Middlefield, 

Northampton, 

Pelham, 

Plainfield, . 

Pi'escott,    . 

Southampton, 

South  Hadley, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 


Thirty-six  hundred  and  fifty  dollars,  f  3,650  00 

Nine  hundred  and  seventv-five  dol- 
lars,       ...'...  975  00 
Three  hundred  and  fifty  dollars,      .  350  00 

Three  hundred  and  fifty  dollars,      .  350  00 

Twenty-six  hundred  and  seventy- 
five  dollars, 2,675  00 

Nine  hundred  dollars,       .        .        .  900  00 

One  hundred  and  fifty  dollars,         .  150  00 

Five  hundred  dollars,       .        .        .  500  00 

Three  hundred  and  twenty-five  dol- 

.   lars, 325  00 

Eleven  hundred  and  twenty-five  dol- 
lars,          1,125  00 

Eleven  hundred  and  fifty  dollars,    .  1,150  00 

Six  hundred  dollars,         ...  600  00 

Two  hundred  and  seventy-five  dol- 
lars   275  00 

Ten  thousand  six  hundred  and  fifty 

dollars, 10,650  00 

Two  hundred  dollars,       ...  200  00 

Two  hundred  dollars,       ...  200  00 

Two  hundred  dollars,       ...  200  00 

Five  hundred  and  fifty  dollars,         .  550  00 

Twenty-three  hundred  and  fifty  dol- 
lars,          2,350  00 

Forty-five  hundred  and  seventy-five 

dollars, 4,575  00 

Two  hundred  and  seventy-five  dol- 
lars,          275  00 

Eleven  hundred  dollars,   .        .        .  1,100  00 

Three  hundred  and  fifty  dollars,      .  350  00 

$33,475  00 


Acts,  1893.  — Chap.  468. 


1391 


MIDDLESEX  COUNTY. 


Middlesex 
County. 


Acton, 

Arlington, 

Ash  by, 

Ashlan.l,    . 

Ayer, 

Bedford,    . 

Belmont,    . 

Billerica,   . 

Boxborough, 

Burlington, 

Cambridge, 

Carlisle,     . 

Chelmsford, 

Concord,    . 

Dracut, 

Dnnstable, 

Everett,     . 

Framingham, 

Groton, 

Holliston,  . 

Hopkinton, 

Hudson,     . 

Lexington, 

Lincoln, 

Littleton,  . 

Lowell, 


Sixteen    hundred    and    twenty-live 

dollars, 

Sixty-live  hundred  and  tvventy-five 

dolhirs,  ..... 
Five  hundred  and  seventy-five  dol 

lars,  ..... 
Fourteen   hundred  and  twenty-five 

dollars, 

Fifteen  hundred  dollars,  . 

Eleven  hundred  dollars,   . 

Four  thousand  and  fifty  dollars. 

Twenty-two  hundred  dollars,  . 

Two  hundred  and  seventy-five  dol 

lars,  ..... 
Five  hundred  and  fifty  dollai-s. 

Seventy-seven  thousand  eight  hun 

dred  and  fifty  dollars,    . 
Four  hundred  dollars, 

Twenty-one  hundred  dollars,  . 

Forty-five  hundred  dollars, 

Seventeen  hundred  dollars, 

Three  hundred  and  fifty  dollars. 

Ninety-five  hundred  dollars,     . 

Nine  thousand  dollars, 

Thirty-three  hundred  and  fifty  dol- 
lars,       ..... 

Seventeen  hundred  and  seventy-five 
dollars, 

Twenty-six  hundred  and  twenty-five 
dollars, 

Twenty-nine  hundred  and  fifty  dol- 
lars,         

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

Twenty-eight  hundred  dollars. 

Nine  hundred  dollars. 

Seventy  thousand  seven  hundred  and 
twenty-five  dollai's. 


$1,625  00 

6,525  00 

575  00 

1,425  00 

1,500  00 

1,100  00 

4,050  00 

2,200  00 


275  00 

550  00 


77,850  00 
400  00 

2,100  00 

4,500  00 

1,700  00 

350  00 

9,500  00 

9,000  00 

3,350  00 

1,775  00 

2,625  00 

2,950  00 

3,975  00 
2,800  00 

900  00 
70,725  00 


1392 


Acts,  1893.  — Chat.  468. 


Middlesex 
County. 


MIDDLESEX  COUNTY  —  Continued. 


Maiden,     . 
Marlborough, 
Majnard,  . 
Medford,  . 
Melrose,    . 
Natiek, 
Newton,    . 
Noi'th  Reading, 
Pepperell,. 
Reading,    . 
Sherborn,  . 
Shirley, 
Somerville, 
Stoneham, 
Stow, 

Sudbury,   . 
Tewksbury, 
Townsend, 
Tyngsborough, 
Wakefield, 
Waltham, . 
Watertown, 
Way  land,  . 
Westford, . 
Weston,     . 
Wilmington, 


Twenty-one  thousand  nine  hundred  | 

and  fifty  dollars,    ....        |2 1,950  00 

Eighty-three  hundred  and  seventy- 
five  dollars, 8,375  00 

Twenty-one  hundred  and  seventy- 
five  dollars, 2,175  00 

Twelve  thousand  seven  hundred  dol- 
lars  12,700  00 

Eighty-two  himdred  and  twenty -five 

dollars, 8,225  00 

Sixty-two  hundred  and  seventy-five 
dollars, 6,275  00 

Forty-three  thousand  three  hundred 
dollars, 43,300  00 

Five  hundred  and  seventy-five  dol- 
lars,          575  00 

Twenty-two  hundred  and  twenty- 
five  dollars 2,225  00 

Thirty-two  hundred  and  seventy-five 

dollars, 3,275  00 

Nine  hundred  and  twenty-five  dol- 
lars,          925  00 

Seven  hundred  and  seventy-five  dol- 
lars   775  00 

Thirty-nine  thousand  two  hundred 

and  twenty-five  dollars,        .        .  39,225  00 

Four  thousand  and  twenty-five  dol- 
lars,         4,025  00 

Nine  hundred  and  twenty-five  dol- 
lars   926  00 

Twelve  hundred   and   seventy-five 

dollars, 1,275  00 

Fifteen  hundred  and  twenty-five  dol- 
lars,          1,525  00 

Thirteen  hundred  dollars,         .        .  1,300  00 

Four  hundred  and  fifty  dollars,        .  450  00 

Fifty-three  hundred  and  fifty  dollars,  5,350  00 

Eighteen  thousand  one  hundred  dol- 
lars  18,100  00 

Eighty-two  hundred  and  seventy- 
five  dollars, 8,275  00 

Eighteen   hundred  and  twenty-five 

dollars, 1,825  00 

Fourteen  hundred  and  fifty  dollars,  1,450  00 

Thirty-one  hundred  and  seventy-five 

dollars, 3,175  00 

Eight  hundred  dollars,     .        .        .  800  00 


Acts,  1893.  — Chap.  468. 


1393 


Nantucket, 


Ml 

)nLi:SKX   CUUJNl'Y  —  CONCi.UDED, 

Middlesex 

,      Cnnnty. 

Winchester, 
Woburn, 

Fifty-six  hundred  and  seventy-five 
dollars, 

Ten  thousand  one  hundred  and  fifty 
dollars, 

$5,675  00 
10,150  00 

$428,625  00 

NANTUCKET  COUNTY. 

Nantucket 
County. 

Thirty-three  hundred  and  fifty  dol- 
lars,         


$3,350  00 


NORFOLK   COUNTY. 


Norfolk 
County. 


Avon, 

Bellingham, 
Braintree, . 
Brookline, 
Canton, 
Cohasset,  . 
Dedham,    . 
Dover, 
Foxborough, 
Franklin,  . 
Hoi  brook, . 
Hyde  Park, 
Medfield,  . 
Medway,   . 
Millis, 
Milton, 


Seven  hundred  and  fifty  dollars. 

Seven  hundred  and  fifty  dollars, 

Forty-seven  hundred  dollars,   , 

Fifty-eight   thousand    one   hundred 

and  twenty-five  dollars. 
Forty-six  hundred  and  fifty  dollars. 

Fifty-four  hundred  and  seventy-five 
dollars, 

Sixty-eight  hundred  and  seventy- 
five  dollars,    .... 

Eight  hundred  and  seventy-five  dol- 
lars,         

Seventeen  hundred  and  twenty-five 
dollars, 

Three  thousand  and  fifty  dollars, 

Sixteen  hundred  and  seventy-five 
dollars, 

Eighty-three  hundred  and  fifty  dol- 
lars,         

Thirteen  hundred  and  seventy-five 
dollars, 

Thirteen  hundred  and  seventy-five 
dollars, 

Six  hundred  and  twenty-five  dol- 
lars,         

Sixteen  thousand  four  hundred  dol- 
lars,         


f750  00 

750  00 

4,700  00 


58,125  00 
4,650  00 


5,475  00 

6,875  00 

875  00 

1,725  00 
3,050  00 

1,675  00 
8,350  00 
1,375  00 
1,375  00 
625  00 
16,400  00 


1391 


Acts,  1893.  —  Chap.  468. 


Norfolk 
County. 


XORFOLK  COUNTY— Concluded. 


Plymouth 
County. 


Neeclham, . 
Norfolk,  . 
Norwood,  . 
Quincy,  . 
Randolph, . 
Sharon, 
Stoughton, 
Walpole,  . 
Wellesley, 
Weymouth, 
Wrentham, 


Twenty-seven  hundred  and  twenty- 
five  dollars,   .         .         .         .         . 

Five  hundred  and  seventy-five  dol- 
lars,         

Twenty-nine  hundred  and  fifty  dol- 
lars,         

Fifteen  thousand  five  hundred  and 
seventy-five  dollars,      .        . 

Twenty-seven  hundred  and  twenty- 
five  dolhirs,    ..... 

Thirteen  hundred  and  seventy-five 
dollars, 

Twenty-eight  hundred  and  seventy- 
five  dollars,   ..... 

Twenty-one  hundred  and  fifty  dol- 
lars,         

Sixty-six  hundred  and  seventy-five 
dollars, 

Seventy-five  hundred  and  seventy- 
five  dollars, 

Sixteen  hundred  and  twenty-five 
dollars, 


$2,725  00 

575  00 

2,950  00 

15,575  00 
2,725  00 
1,375  00 
2,875  00 
2,150  00 
6,675  00 
7,575  00 
1,625  00 
f  163,600  00 


PLYMOUTH  COUNTY. 


Abington, . 

Twenty-five  hundred  and  sevent}-- 

five  dollars,    ..... 

$2,575  00 

Bridgewater,     . 

Twenty-nine  hundred  and  twenty- 

five  dollars,    ..... 

2,925  00 

Brockton,  . 

Twenty  thousand  two  hundred  and 

twenty-five  dollars. 

20,225  00 

Carver, 

Eight  hundred  dollars,     . 

800  00 

Duxbury,  . 

Fifteen  hundred  and  fifty  dollars,   . 

1,550  00 

E.  Bridgewater, 

Eighteen  hundred  dollars, 

1,800  00 

Halifax,     . 

Three  hundred  and  twenty-five  dol- 

lars,         

325  00 

Hanover,   . 

Fourteen  hundred  and  seventy-five 

dollars, 

1,475  00 

Hanson.     . 

Seven  hundred  and  twenty-five  dol- 

lars,         

725  00 

Hinghara,  . 

Forty-seven  hundred  and  fifty  dol- 

lars,         

4,750  00 

Hull,. 

Twenty-four  hundred  and  seventy- 

five  dollars, 

2,475  00 

Acts,  1893.  — Chap.  468. 


1395 


PLYINIOUTH  COUNTY  —  Concluded. 


Plymouth 
County. 


Kingston,  . 

Lakeville, . 

Marion, 

Marshlield, 

Mattapoisett, 

Middleborough, 

Xorwell,    . 

Pembroke, 

Plymouth, 

Plympton, 

Rochester, 

Rockland, . 

Scituate,    . 

Wareham, 

W.  Bridgewater, 

Whitman, . 


Nineteen  hmidred  and  lifty  dollars, 
Six  hundred  dollars. 
Eleven  hundred  and  fifty  dollars. 
Fourteen  hundred  dollars. 

Seventeen  hundred  and  twent3'-five 
dollars,  ..... 

Forty-three  hundred  and  fifty  dol 
lars, 

Twelve    hundred    and    twenty-five 
dollars, 

Seven  hundred  and  fifty  dollars, 

Sixty-eight  hundred  dollars,    . 
Three  hundred  and  fifty  dollars. 
Five  hundred  and  fifty  dollars. 

Three    thousand    and    seventy-five 

dollars, 

Twenty-one  hundred  and  fifty  dol 

lars, 

Twenty-one  hundred  and  fifty  dol 

lars, 

Twelve   hundred    and    twenty-five 

dollars,  ..... 
Thirty-six  hundred  dollars, 


$1,950  00 

600  00 

1,150  00 

1,400  00 

1,725  00 

4,350  00 

1,225  00 
750  00 

6,800  00 

350  00 

550  00 

3,075  00 

2,150  00 

2,150  00 

1,225  00 
3,600  00 


$72,675  00 


SUFFOLK   COUNTY. 


Suffolk 
County. 


Boston, 

Nine    hundred   foui'teen    thousand 
three    hundred   and   seventy-five 

dollars 

$914,375  00 

Chelsea,    . 

Twenty-three   thousand   four   hun- 

dred dollars, 

23,400  00 

Revere, 

Fifty-seven   hundred   and   seventy- 

five  dollars, 

5,775  00 

Winthrop, 

Thirty-eight  hundred   and  twenty- 

five  dollars, 

3,825  00 

$947,375  00 

1396 


Acts,  1893.  — Chap.  468. 


Worcester 
County. 


WORCESTER  COUNTY. 


Ashburnham,    . 

Eleven  hundred  and  fifty  dollars,     . 

$1,150  00 

Athol, 

Thtrty-five  hundred   and  fifty  dol- 

lars,         

3,550  00 

Auburn, 

Six  hundred  dollars, 

600  00 

Bar  re, 

Seventeen  hundred  dollars, 

1,700  00 

Berlin, 

Five  hundred  and  fifty  dollars, 

550  00 

Blackstone, 

Twenty-nine  hundred  and  fifty  dol- 

lars,        

2,950  00 

Bolton, 

Five  hundred  and  fifty  dollars, 

550  00 

Boylston,  . 

Five  hundred  and  fifty  dollars. 

550  00 

Brookfiekl, 

Fifteen    hundred    and  seventj^-five 

dollars, 

1,575  00 

Charlton,  . 

Ten  hundred  and  seventy-five  dol- 

lars,         

1,075  00 

Clinton,      . 

Sixty-eight    hundred    and    twenty- 

five  dollars, 

6,825  00 

Dana, 

Three  hundred  and  twenty-five  dol- 

lars,         

325  00 

Douglas,    . 

Eleven  hundred  and  twenty-five  dol- 

lars,         

1,125  00 

Dudley, 

Eleven    hundred    and    seventy-five 

dollars, 

1,175  00 

Fitchburg, 

Nineteen    thousand    four    hundred 

dollars, 

19,400  CO 

Gardner,    . 

Five  thousand  and  fifty  dollars. 

5,050  00 

Grafton,     . 

Twenty-six    hundred   and  seventy- 

five  dollars,   ..... 

2,675  00 

Hardwick, 

Sixteen  hundred  and  fifty  dollars,   . 

1,650  00 

Harvard,    . 

Twelve    hundred  and  seventy-five 

dollars, 

1,275  00 

Holden,     . 

Twelve  hundred  dollars,  . 

1,200  00 

Hopedale, . 

Twenty-three  hundred  and  seventy- 

five  dollars, 

2,375  00 

Hiibbardston,    . 

Eight  hundred  dollars, 

800  00 

Lancaster, 

Thirty-six  hundred  and  seventy-five 

dollars,  ...... 

3,675  00 

Leicester,  . 

Twenty-five  hundred  and  fifty  dol- 

lars,  

2,650  00 

Leominster, 

Fifty-fow  hundred  and  seventy-five 

dollars, 

5,475  00 

Lunenburg, 

Eight  hundred  dollars. 

800  00 

Acts,  1893.  — Chap.  468. 


1397 


WORCESTER  COUNTY  —  Continued. 


Worcester 
County. 


Mention,    . 

]\Iilford,     . 

Millbury,  . 

New  Braintree, 

Northborough, 

Northbridge, 

N.  Brookfield, 

Oakham,    . 

Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Princeton, . 

Royalston, 

Rutland,    . 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer,    . 

Sterling,    . 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Warren,     . 


Six  hundred  and  fifty  dollars,  . 

Fifty-seven  hundred  and  fifty  dol- 
lars,         

Twenty-three  hundred  and  fifty  dol 
lars,        ..... 

Four  hundred  and  seventj'-five  dol 
lars,        ..... 

Fourteen  hundred  aud  seventy-five 
dollars, 

Thirty-seven  hundred  and  fifty  dol 
lars, 

Twenty-one  hundred  and  seventy 
five  dollars,    .... 

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

Fifteen  hundred  and  tweuty-five  dol 
lars, 

Three  hundred  dollars,     . 

Six  hundred  and  fifty  dollars,  . 
Three  hundred  dollars,     . 

Nine  hundred  and  twenty-five  dol 
lars, 

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

Five  hundred  and  seventy-five  del 
lars,        ..... 

Eleven  hundred  and  fifty  dollars. 

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

Forty-one  hundred  and  twenty-five 
dollars, 

Fifty-two  hundred  and  twenty-five 
dollars, 

Nine  hundred  and  fifty  dollars. 

Ten  hundred  aud  seventy-five  dol 
lars, 

Fourteen  hundred  and  twenty-five 
dollars, 

Fifteen  hundred  and  twenty-five  dol 
lars, 

Ten  hundred  and  fifty  dollars. 

Twenty-four  hundred  and  tAventy 
•  five  dollars,    .... 
Twenty-eight  hundred  and  seventy 
five  dollars,  .... 


$650  00 

5,750  00 

2,350  00 

475  00 

1,475  00 

3,750  00 

2,175  00 

375  00 

1,525  00 

300  00 

650  00 

300  00 

925  00 

775  00 

575  00 

1,150  00 

1,875  00 

4,125  00 

5,225  00 

950  00 

1,075  00 

1,425  00 

1,525  00 

1,050  00 

2,425  00 

2,875  00 


1398 


Acts,  1893.  — Chap.  468. 


Worcester 
County. 


WORCESTER  COUNTY  —  Concluded. 


Webster,  . 

Westborough, 

West  Boylston, 

W.  Brookfield, 

Westminster, 

Winchendon, 

Worcester, 


Thirty-eight  hundred  dollars,  . 

Thirty-one  hundred  and  seventy-five 

dollars, 

Fourteen  hundred  and  fifty  dollai's, 

Nine  hundred  and  fifty  dollars, 

Nine  hundred  dollars. 

Twenty-four  hundred  and  twenty- 
five  dollars, 

Eighty-eight  thousand  nine  hundred 
and  fifty  dollars,   . 


$3,800  00 


3,175  00 
1,450  00 

950  00 

900  00 

2,425  00 

88,950  00 

5,025  00 


Recapitnlation. 


RECAPITULATION. 


Barnstable  Co., 
Berkshire  Co., 
Bristol  Co., 

Dukes  Co., 
Essex  Co., 
Franklin  Co., 
Hampden  Co., 
Hampshire  Co., 
Middlesex  Co., 

Nantucket  Co., 
Norfolk  Co., 
Plymouth  Co., 
Sufi^olk  Co., 

Worcester  Co., 


Twenty-four  thousand  six  hundred 
and  fifty  dollars,   .... 

Fifty-one  thousand  and  two  hundred 
dollars, 

One  hundred  fifty-five  thousand 
three  hundred  and  seventy-five 
dollars, 

Forty-one  hundred  and  twenty-five 
dollars, 

Two  hundred  fiity-eight  thousand 
and  eight  hundred  dollars,    . 

Twenty-four  thousand  one  hundred 
and  twenty-five  dollars, 

One  hundred  fourteen  thousand  and 
six  hundred  dollars. 

Thirty-three  thousand  four  hundred 
and  sevent^'-five  dollars. 

Four  hundred  twenty-eight  thousand 
six  hundred  and  twenty-five  dol- 
lars,         

Thirty-three  hundred  and  fifty  dol- 
lars,       ...... 

One  hundred  sixty-three  thousand 
and  six  hundred  dollars, 

Seventy-two  thousand  six  hundred 
and  seventy-five  dollars, 

Nine  hundred  forty-seven  thousand 
three  hundred  and  seventy-five 
dollars, 

Two  hundred  eighteen  thousand  and 
twenty-five  dollars. 


$24,650  00 
51,200  GO 

155,375  00 
4,125  00 

258,800  00 
24,125  00 

114,600  00 
33,475  00 

428,625  00 

3,360  00 

163,600  00 

72,675  00 

947,375  00 
218,025  00 
,500,000  00 


Acts,  1893.  — CiiAr.  468.  1399 

Section  2.     The  treasurer  of  the  Commonwealth  shall  Treasurer  to 

-  ,  .  ,  issue  warrant. 

forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ini;  them  respectively  to  assess  the  sum  so  charged,  ac- 
cording to  the  provisions  of  chapter  eleven  of  the  Public 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  and  county  taxes  to  be  assessed  by  them  respec- 
tively on  each  city  and  town. 

Section  3.     The  treasurer  of  the  Commonwealth  in  his  Selectmen  or 

iiii  'il  'iii  J.       assessora  to 

warrant  shall  require  the  said  selectmen  or  assessors  to  issue  warrantsj 
pay,  or  issue  severally  their  warrant  or  warrants  requiring  ueasurers?^" 
the  treasurers  of  their  several  cities  or  towns  to  pay,  to 
the  treasurer  of  the  Commonw^ealth,  on  or  before  the  tenth 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 
three,  the  sums  set  against  said  cities  and  towns  in  the 
schedule  aforesaid  ;  and  the  selectmen  or  assessors  respec- 
tively shall  return  a  certificate  of  the  names  of  the  treas- 
urers of  their  several  cities  and  towns,  with  the  sum  which 
each  may  be  required  to  collect,  to  the  treasurer  of  the 
Commonwealth  at  some  time  before  the  first  day  of  Octo- 
ber in  the  year  eighteen  hundred  and  ninety-three. 

Section  4.     If  the  amount  due  from  any  city  or  town,  Notice  to  treas- 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the  qul^tcitki'^nd 
Commonwealth  within  the  time  specified,  then  the  said  towns, etc. 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 
be  equal  to  one  per  centum  per  month  during  such  delin- 
quency from  and  after  the  tenth  day  of  December  in  the 
year  eighteen  hundred  and  ninety-three  ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-four,  an  information  may  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such  ^g^rega'^fa 
delinquent  city  or  town  ;  and  upon  notice  to  such  city  or  issue. 
town,  and  a  summary  hearing  thereon,  a  warrant  of  dis- 
tress may  issue  against  such  city  or  town  to  enforce  the 
payment  of  said  taxes  under  such  penalties  as  said  court 
or  the  justice  thereof  before  whom  the  hearing  is  had  shall 
order. 

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

AjJj^roved  June  9,  1893. 


1400 


Acts,  1893.  — Chap.  469. 


ChaT)A69  -^^  ^^"^  fixing  the  salaries  of  judges,  registers,  assistant 

REGISTERS  AND  OTHER  OFFICERS  OF  COURTS  OF  PROBATE  AND 
INSOLVENCY. 


BalarieB  eetab- 
liBhed. 


Eegisters  to 
furuieb  copies, 
etc. ;  fees. 


Be  it  enacted,  etc.,  as  Jolloios : 

Section  1.  Judges,  registers,  assistant  registers  and 
other  officers  of  probate  and  insolvency  courts  shall  receive 
from  the  treasury  of  the  Commonwealth  annual  salaries 
as  follows  :  For  the  county  of  Barnstable,  the  judge  and 
register  each,  thirteen  hundred  dollars  ;  of  Berkshire,  the 
judge,  eighteen  hundred  dollars  ;  the  register,  eighteen 
hundred  dollars;  of  Bristol,  the  judge,  three  thousand 
dollars ;  the  register,  twenty-five  hundred  dollars ;  of 
Dukes  County,  the  judge  and  register  each,  seven  hundred 
dollars ;  of  Essex,  the  judge,  thirty-seven  hundred  dol- 
lars ;  the  register,  thirty-three  hundred  dollars  ;  the  assist- 
ant register,  eighteen  hundred  dolhirs  ;  of  Franklin,  the 
judge  and  register  each,  fifteen  hundred  dollars  ;  of  Hamp- 
den, the  judge,  twenty-seven  hundred  dollars  ;  the  regis- 
ter, twenty-five  hundred  dollars  ;  of  Hampshire,  the  judge 
and  register  each,  sixteen  hundred  dollars  ;  of  Middlesex, 
the  judge,  forty-five  hundred  dollars ;  the  register,  four 
thousand  dollars  ;  the  assistant  register,  two  thousand  dol- 
lars ;  of  Nantucket,  the  judge  and  register  each,  seven 
hundred  dollars  ;  of  Norfolk,  the  judge,  twenty-eight  hun- 
dred dollars  ;  the  register,  twenty-three  hundred  dollars  ; 
the  assistant  register,  twelve  hundred  dollars  ;  of  Plym- 
outh, the  judge,  two  thousand  dollars  ;  the  register,  eight- 
een hundred  dollars  ;  of  Suifolk,  the  judges  each,  five 
thousand  dollars  ;  the  register,  five  thousand  dollars  ;  the 
assistant  register,  twenty-eight  hundred  dollars  ;  and  the 
clerk,  twelve  hundred  dollars  ;  of  Worcester,  the  judge, 
thirty-five  hundred  dollars  ;  the  register,  three  thousand 
dollars  ;  and  the  assistant  register,  eighteen  hundred  dol- 
lars. 

Section  2.  Registers  of  probate  and  insolvency  shall 
furnish  copies  of  records  or  other  papers  in  their  charge, 
and  shall  collect  for  the  same  fees  as  now  provided  by 
chapter  one  hundred  and  ninety-nine  of  the  Public  Stat- 
utes, and  acts  amendatory  thereof,  for  similar  copies, 
unless  the  fees  are  otherwise  fixed  by  law.  And  the  pro- 
visions of  sections  twenty-three,  twenty-four,  twenty-five, 
twenty-six  and  twenty-seven  of  said  chapter  one  hundred 


Acts,  1893.  — Chap.  470.  1401 

and  ninety-nine  of  the    Public    Statutes   shall    hereafter 
apply  to  registers  of  probate  and  insolvency. 

Section  3.     Reo;isters  of  probate  and  insolvency  shall  Kegistere  to 

.  O  I  11.  1  account  for 

hereaiter  account  for  and  pay  over  all  tees  and  compensa-  fees,  etc. 
tion  received  by  them,  otherwise  than  by  salary,  to  the 
treasurer   of  the    Commonwealth    quarterly   on  the   tirst 
Mondays  of  January,  April,  July  and  October. 

Sectiox  4.  Section  twenty-three  of  chapter  one  hun-  Ecpeai. 
dred  and  tifty-eight  of  the  Public  Statutes  ;  chapters  one 
hundred  and  twenty-nine  and  one  hundred  and  forty-four 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-two ; 
chapter  two  hundred  and  forty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-three  ;  chapters  one  hundred 
and  ninety-two  and  two  hundred  and  forty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-four ;  chap- 
ters one  hundred  and  sixty-five,  two  hundred  and  three, 
two  hundred  and  seventy-tive  and  three  hundred  and 
eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five  ;  chapters  one  hundred  and  eighty-three,  one 
hundred  and  eighty-four  and  one  hundred  and  eighty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
six  ;  chapters  seventy-two,  one  hundred  and  sixty-six, 
two  hundred  and  fifty-nine  and  two  hundred  and  seventy- 
three  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven  ;  chapters  one  hundred  and  twelve  and  one  hundred 
and  fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight ;  chapters  two  hundred  and  eleven  and  two 
hundred  and  fifty-one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine  ;  chapter  one  hundred  and  fifteen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety ; 
chapters  ninety-one  and  three  hundred  and  eighteen  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one,  and 
all  other  acts  or  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed. 

Section  5.     This  act  shall  take  etfect  on  the  first  day  to  take  effect 
of  July  in  the  year  eighteen  hundred  and  ninety-three,  -^"^y^'^^^^- 

Approved  June  9,  1893. 


Ak  Act  to  provide  for  the  care  and  supervision  of  the 
province  lands  at  provincetown. 


'  ChapA70 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board    of  harbor  and  land  commis- Care  and  super- 

1      11  1  1  J  •    •  r  1     vision  of  prov- 

sioners  shall  have  general  care  and  supervision  or  so  much  ince  lands 
of  the  province  lands  at  Provincetown  as  lies  north  and  Hne'i'."  *^^'^'*'° 


1402 


Acts,  1893.  — Chap.  470. 


BoTindB,  regula- 
tioDS,  superin- 
tendent, etc. 


Repeal. 


Portion  of  prov- 
ince lands 
exempt  from 
certain  provi- 
sions of  law. 


Repeal. 


west  of  a  line  beginning  at  a  point  at  or  near  the  shore  of 
Provincetown  harbor,  in  latitude  north  forty-two  degrees, 
two  minutes,  and  longitude  west  seventy  degrees,  eleven 
minutes,  forty-five  seconds ;  thence  northwesterly  to  a 
point  in  latitude  north  forty-two  degrees,  three  minutes, 
eight  seconds,  and  longitude  west  seventy  degrees,  twelve 
minutes,  forty-eight  seconds  ;  thence  northeasterly  to  a 
point  in  latitude  north  forty-two  degrees,  three  minutes, 
twenty-eight  seconds,  and  longitude  west  seventy  degrees, 
eleven  minutes,  thirty-three  seconds  ;  thence  due  north  to 
a  point  in  latitude  north  forty -two  degrees,  three  minutes, 
forty-eight  seconds  ;  thence  due  east  to  a  point  in  the 
eastern  boundary  of  the  province  lands. 

Section  2.  The  said  commissioners  shall  fix  and  mark 
the  bounds  of  the  province  lands  within  their  jurisdiction, 
shall  establish  regulations  for  the  care  thereof,  shall  annu- 
ally appoint  a  superintendent  thereof,  and  with  the  ap- 
proval of  the  governor  and  council  shall  fix  the  amount 
of  his  salary  and  the  amount  which  may  be  expended  by 
him  in  the  protection  and  improvement  of  said  land. 

Section  3.  Chapter  two  hundred  and  eighteen  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-nine,  and  all 
other  acts  or  parts  of  acts  inconsistent  with  the  first  two 
sections  of  this  act,  are  hereby  repealed. 

Section  4.  Section  three  of  chapter  nineteen  of  the 
Public  Statutes,  chapter  two  hundred  and  sixty-one  of 
the  acts  of  the  year  eighteen  hundred  and  fifty-four, 
chapter  one  hundred  and  forty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-six,  so  much  of  section 
eleven  of  chapter  one  hundred  and  ninety-six  of  the 
Public  Statutes  and  all  other  acts  or  parts  of  acts  which 
refer  to  the  province  lands  at  Provincetown,  except  the 
act  incorporating  said  town,  shall  not  hereafter  apply  to 
that  portion  of  said  province  lands  lying  east  and  south 
of  the  line  fixed  in  the  first  section  of  this  act,  and  so 
much  of  section  one  of  chapter  eleven  of  the  province 
laws  of  the  year  seventeen  hundred  and  twenty-seven  as 
is  contained  in  the  following  words  "  Saving  always  the 
right  and  title  of  this  province  to  the  said  lands  which  is 
to  be  in  no  wise  prejudiced  ",  is  hereby  repealed,  so  far 
as  it  applies  to  that  portion  of  the  province  lands  lying 
east  and  south  of  said  line. 

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

Axiproved  June  10,  1893. 


Acts,  1893.  — Chap.  471.  1403 


An  Act  to  SLrri.v  the  city  of  NKwr.ruvi'Oirr  avitii  avatkh.     CJiar)  4:71. 
Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  city  of  Newburyport  may  supply  it-  ?f;*J/^Pt^'y 
self  and  its  inhabitants  with  water  for  the  extinguishment  water. 
of  fires  and  for  domestic,  manufacturing  and  other  pur- 
poses, and  may  establish  fountains  and  hydrants,  relocate 
or  discontinue  the  same  ;  may  regulate  the  use  of  such 
Avater  and  tix  and  collect  rates  to  be  paid  for  the  use  of 
the  same. 

Section  2.  The  said  city,  for  the  purposes  aforesaid,  t^afn^^atei-r'^' 
ma  A'  take,  by  purchase  or  otherwise,  and  hold  the  waters  lands,  etc. 
of  any  pond,  stream,  spring  or  wells  Avithin  the  limits  of 
said  city  not  heretofore  taken  or  purchased  by  the  NeAv- 
buryport  "Water  Company  and  the  Artichoke  river  in 
West  Newbury  and  Newburyport  and  the  water  rights 
connected  thercAvith  ;  and  obtain  and  take  water  by  means 
of  bored,  driven,  artesian  or  other  wells,  on  any  land 
within  said  city,  and  hold  and  couA^ey  said  AA^ater  through 
said  city  and  through  said  town  of  West  Newbury  from 
said  ponds  and  said  river  ;  and  may  also  take  and  hold, 
by  purchase  or  otherwise,  all  lands,  rights  of  way  and 
easements  necessary  for  holding  and  preserving  such 
water  and  for  conveying  the  same  to  any  part  of  said 
city  of  Newburyport ;   and   may  erect  on  the  land  thus  May  erect 

.     1  111  1  1       •*!  T  f>     j^  1       ii  Btructures,  etc., 

taken  or  held  proper  dams,  buildings,  nxtures  and  other  lay.down 
structures;  and  may  make  excavations,  procure  and  p'^^*'®*"' 
operate  machinery  and  provide  such  other  means  and 
appliances  as  may  be  necessary  for  the  establishment 
and  maintenance  of  complete  and  effective  water  works  ; 
and  may  construct  and  lay  doAvn  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  purposes  of  this  act,  said  city  may  dig 
up  any  such  lands,  and,  under  the  direction  of  the  board 
of  selectmen  of  the  toAvn  in  Avhich  any  such  Avays  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  city  shall,  Avithin  sixty  days  after  the  Record  of  lands, 
taking  of  any  lands,  rights  of  way,  water  rights,  water  ^°''  "*  '^°'^'^' 


1404 


Acts,  1893.  — Chap.  471. 


IHimages. 


Newburyport 
Water  Loan. 


Sinking  fand. 


sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  within  which  the  same  are  situated, 
a  description  thereof  sufficiently  accui-ate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  water  commissioners  hereinafter  pro- 
vided for. 

Sectiox  4.  The  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  in- 
jury, under  the  authority  of  this  act ;  but  no  such  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  for  any 
injury  thereto,  until  the  water  is  actually  withdrawn  or 
diverted  by  said  city  under  the  authorit}^  of  this  act. 

Section  5.  The  said  city  may,  for  the  purpose  of  pay- 
ing 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 four  hundred  thousand  dollars ;  such  bonds,  notes  or 
scrip  shall  bear  on  their  face  the  words,  Newburyport 
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  exceed- 
ing six  per  centum  per  annum,  and  shall  be  signed  by 
the  treasurer  of  the  city  and  be  countersigned  by  the 
water  commissioners  hereinafter  provided  for.  The  said 
city  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 :  provided,  that  such  securities  shall  not  be  sold 
for  less  than  the  par  value  thereof.  The  city  shall  pro- 
vide, at  the  time  of  contracting  said  loan,  for  the  estab- 
lishment of  a  sinking  fund,  and  shall  annually  contribute 


Acts,  1893.  — CnAr.  471.  1405 

to  such  fund  a  sum  sufficient  with  the  accumulations 
thereof  to  pay  the  principal  of  said  loan  at  maturity. 
The  said  sinking  fund  shall  remain  inviolate  and  pledged 
to  the  payment  of  said  loan  and  shall  be  used  for  no  other 
purpose. 

Section  6.  The  said  city  instead  of  establishing  a  Annual  pro- 
sinking  fund  may,  at  the  time  of  authorizing  said  loan,  nrcnts""^^ ^*^" 
provide  for  the  payment  thereof  in  such  annual  propor- 
tionate payments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  thereby  shall,  without  further 
vote,  be  assessed  by  the  assessors  of  said  city  in  each 
year  thereafter,  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  are 
assessed  under  the  provisions  of  section  thirtj^-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.     The  return  required  by  section   ninety-  Return  of 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  ingfundor 
the  amount  of  any  sinking  fund  established  under  this  act,  me'ut?'^*^ 
and  if  none  is  established,  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  section, 
and  the  amounts  raised  and  applied  thereunder  for  the 
current  year. 

Section  8.  The  said  city  shall  raise  annually  by  taxa-  Paymentofex- 
tion  a  sum  which,  with  the  income  derived  from  the  water  p«°*^' "^  e""®^  > 
rates,  will  be  sufficient  to  pay  the  current  annual  expenses 
of  operating  its  water  works  and  the  interest  as  it  accrues 
on  the  l)onds,  notes  and  scrip  issued  as  aforesaid  by  said 
city,  and  to  make  such  contributions  to  the  sinking  fund 
and  payments  on  the  principal  as  may  be  required  under 
the  provisions  of  this  act. 

Section  9.     Whoever  wilfully  or  w^antonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  uonor  dive^mon 
this  act,  or  injures  any  structure,  work  or  other  property  o^^^'er.etc. 
owned,  held  or  used  by  said  city  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
city  three  times  the  amount  of  damages  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  upon  conviction 
of  either  of  the    above   wilful    or  wanton   acts   shall   be 
punished  by  a  fine  not  exceeding  three  hundred  dollars 
or  by  imprisonment  not  exceeding  one  year. 

Section  10.     The  powers  and  duties  granted  to  and  ^jggioJeX 
imposed  upon  the  city  of  Newburyport  by  this  act  shall  appointment, 

-'^  .        -,   ,  lie  ••  •-      terms  of  office, 

be  exercised  by  a  board  ot  water  commissioners,  consist-  etc. 


1406 


Acts,  1893.  — Chap.  471. 


"Water  rates. 


Trustees  of 
sinking  fund. 


ing  of  five  residents  of  the  city,  to  be  appointed  by  the 
mayor  with  the  approval  of  the  city  council.  Said  com- 
missioners shall  be  appointed  and  hold  their  office,  from 
the  time  of  their  appointment  and  approval,  for  the  terms 
of  one,  two,  three,  four  and  five  years,  respectively,  from 
the  first  Monday  of  May  next  followino;  their  appointment ; 
and  thereafter  one  commissioner  shall  be  appointed  each 
year  for  the  term  of  five  years  from  the  first  Monday  of 
May.  All  such  commissioners,  except  in  case  of  removal, 
shall  hold  ofltice  until  their  successors  are  appointed  in 
their  stead.  Vacancies  occurring  during  the  term  may  be 
filled  for  the  remainder  of  the  term.  No  person  shall  be 
appointed  commissioner  who  holds  at  the  time  any  city 
office  by  popular  election.  Any  commissioner,  after  due 
notice  and  hearing,  may  be  removed  at  any  time  by  a  two 
thirds  vote  of  each  branch  of  the  city  council,  for  any 
cause  which  shall  be  deemed  sufficient  and  shall  be  ex- 
pressed in  the  vote  of  removal.  The  commissioners  shall 
receive  no  compensation  for  their  services  unless  the  city 
council  by  a  two  thirds  vote  of  each  branch  thereof  other- 
wise determine,  and  in  such  case  the  amount  of  compensa- 
tion may  be  fixed  by  a  like  two  thirds  vote. 

Section  11.  The  water  commissioners  shall  fix  such 
prices  or  rents  for  the  use  of  water  as  shall  produce 
annually,  as  near  as  may  be,  a  net  surplus  equal  to  two 
per  centum  of  the  total  amount  of  the  bonds,  notes  and 
scrip  issued  under  this  act,  after  paying  all  current  ex- 
penses of  operating  the  water  works  and  interest  upon 
loans,  and  after  the  payment  of  all  expenses  for  new  con- 
struction not  exceeding  ten  thousand  dollars  in  any  one 
year.  The  commissioners  of  sinking  funds  of  the  city  of 
Newburyport  shall  be  trustees  of  a  sinking  fund  which  shall 
be  set  apart  for  the  payment  and  redemption  of  said  water 
loan,  and  which  shall  remain  inviolate  and  pledged  to  the 
payment  of  said  loan  and  shall  be  used  for  no  other  pur- 
pose. The  net  surplus  aforesaid  shall  be  paid  into  the 
sinking  fund,  and  if  said  surplus  does  not  equal  two  per 
centum  of  the  total  amount  of  the  bonds,  notes  and  scrip 
issued  under  this  act,  the  city  shall  raise  by  general  taxa- 
tion a  sum  which  with  the  surplus  shall  equal  said  two  per 
centum  and  shall  contribute  said  sum  to  the  sinking  fund. 
The  commissioners  shall  annually,  and  as  often  as  the  city 
council  may  require,  render  an  account  of  all  their  doings 
in  relation  to  the  sinking  fund,  and  shall  be  governed  by 


Acts,  1893.  — Chap.  471.  1407 

the  provisions  of  section  eleven  of  chapter  twenty-nine  of 
the  Public  Statutes,  except  as  herein  otherwise  provided. 

Section  12.     At  any  time  within  sixty  days  after  the  saieofprop. 
passage  of  this  act,  and  not  after  sixty,  the  Newburyport  N^wbtirypon 
Water  Company  may  notify  the  mayor  of  Newburyport  in  pauy7^°™" 
writing  that  it  desires  to  sell  to  said  city  its  corporate 
property  and  all   the   rights  and  privileges  of  said  com- 
pany, and  execute  and  deliver  to  said  city  proper  deeds 
and  instruments   in  writing,  conveying  to   said   city  the 
property  aforesaid:    provided,  hoivever,  the   legal  voters  Purchase  sub- 
of  the  city  of  Newburyport  at  legal  meetings  to  be  called  vole."  ™^^°"  ^ 
in  the  several  wards  of  said  city  w^ithin  six  months  after 
said  notification  has  been  received  as  aforesaid,  shall  by  a 
majority  vote  of  the  voters  of  said  city  present  and  voting 
thereon  at  such  meetings  vote  to  purchase  the  aforesaid 
property  upon  the  terms  and  conditions  contained  in  this 
section,  whereupon  the  property  thus  conveyed  shall  be- 
come the  property  of  the  city  of  Newburyport,  and  said 
city  shall  be  liable  to  pay  to  said  company  the  fair  value 
of  the  property  thus  conveyed  ;  and  in  case  the  said  city  commissioners 
and  the  said   company  shall  be  unable  to  agree  upon  the  valuation  of 
value  of  said  property,  the  supreme  judicial  court  may,  P'^°P^"y* 
upon  application  of  either  party  and  notice  to  the  other, 
appoint    three    commissioners,  one  of  whom    shall    be    a 
skilled  engineer,  and   one  learned  in  the  law,  who  shall 
determine  the   fair  value  of  said  property  conveyed   as 
aforesaid,  and  whose  award  when  accepted  hy  the  court 
shall  be  final. 

Section  13.     After  the  vote  provided  for  in   section  to  take  effect 

ji  c  A^  •  '11I-KT1  -ITT  upon  acceptance 

twelve  ot  this  act,  or  provided  the  Newburyport  W  ater  by  a  two  twrds 
Company  does  not  so  notif}"  the  said  mayor  within  said 
sixty  days,  this  act  shall  be  submitted  to  the  legal  voters 
of  the  city  of  Newburyport  for  their  acceptance  or  rejec- 
tion, at  legal  meetings  to  be  called  in  the  several  wards  of 
said  city  within  eight  months  from  the  passage  of  this  act, 
and  shall  take  etFect  from  and  after  its  acceptance  b}^  a 
two  thirds  vote  of  the  voters  of  said  city  present  and  vot- 
ing thereon  at  such  meetings.  The  vote  shall  be  by  sep- 
arate ballot,  and  the  ballot  shall  be  Yes,  or  No,  in  answer 
to  the  question,  "  Shall  the  city  of  Newburyport  accept 
chapter of  the  acts  of  eighteen  hundred  and  ninety- 
three,  authorizing  the  city  of  Newburyport  to  establish 
and  maintain  a  system  of  water  supply  for  domestic  and 
other  uses  ? "  This  act  shall  be  void  if  not  accepted  by 
said  vote.  Approved  June  10, 1893. 


1408 


Acts,  1893.  —  Chap.  472. 


Ch(l7)'4:72  ^^   ^^^   RELATIVE   TO   COMPLAINTS    AGAINST   REGISTERED    PHARMA- 
CISTS. 


Investigation  of 
complaints 
against  reg- 
istered phar- 
macists, etc. 


Notification, 
hearing,  etc. 


Suspension  or 
revocation  of 
certificate  of 
registration. 


Be  it  enacted,  etc.,  asfolloivs: 

Sectiox  1.  The  board  of  registration  in  pharmacy 
shall  investigate  all  complaints  made  to  them  against  any 
person  registered  as  a  pharmacist,  under  the  provisions 
of  chapter  three  hundred  and  thirteen  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-five,  charging  him  with 
suffering  or  permitting  the  use  of  his  name  or  his  certifi- 
cate of  registration  by  others  in  the  conduct  of  the  busi- 
ness of  pharmacy,  when  he  himself  is  not  the  owner  and 
actively  engaged  in  such  business ;  engaging  in,  aiding  or 
abetting  or,  in  his  business  as  a  pharmacist,  violating  any 
of  the  laws  of  the  Commonwealth  now  under  the  super- 
vision of  the  board  of  registration  in  pharmacy,  and  espe- 
cially the  laws  relating  to  the  sale  of  intoxicating  liquor. 
Such  complaint  shall  be  a  sworn  statement  and  shall  be 
made  within  fifteen  days  of  the  date  of  the  act  com- 
plained of. 

Section  2.  Said  board  shall  notify  the  person  com- 
plained against,  of  the  charge  made  against  him,  and  of 
the  time  and  place  when  and  where  the  matter  will  be  heard 
by  them.  He  may  then  and  there  appear  before  the  board 
with  his  witnesses  and  be  heard  by  counsel.  Any  three 
of  the  members  of  the  board  shall  be  a  quorum  for  such 
hearing.  Either  member  of  the  board  may  administer 
oaths  to  the  witnesses  at  such  hearing,  and  any  person  so 
sworn  who  wilfully  swears  or  affirms  falsely  respecting 
any  matter  upon  which  his  testimony  is  required  shall  be 
deemed  guilty  of  perjury. 

Section  3.  If  the  full  board,  sitting  at  such  hearing, 
shall  find  that  the  person  complained  against  is  guilty  of 
the  act  or  acts  charged  against  him,  said  board  may  sus- 
pend his  registration  as  a  pharmacist  and  his  certificate 
thereof,  for  such  term  as  the  board  in  their  judgment, 
after  due  consideration  of  all  facts,  may  deem  for  the  best 
interest  of  the  public,  not  exceeding  for  the  first  offence  one 
3' ear,  unless  the  case  should  be  a  flagrant  one,  and  in  such 
case  may  revoke  it  altogether ;  but  the  license  or  certifi- 
cate of  registration  of  a  registered  pharmacist  shall  not  be 
suspended  or  revoked  for  a  cause  punishable  by  law,  until 
after  conviction  by  a  court  of  competent  jurisdiction. 


Acts,  1893.  — Chat.  473.  1409 

Section  4.     Anv  person  not  being  a  re^jistered  pbar- Penalty  for 

.    ,         I  1      11         ^  •     Al        1  ^•  J.  11     •         selling  intoxl- 

macist  who  shall  procure  a  sixth  class  license  to  sell  in-  ciningiiquorin 
toxicating  liquor,  in  the  narae  of  a  registered  pharmacist  iTt^red  pS". 
who  is  dead,  or  in  the  name  of  a  registered  pharmacist  "I'^ciBt,  etc. 
by  borrowing,  hiring  or  purchasing  the  use  of  his  certifi- 
cate,  and    being   himself  the   owner  or  manager  of  the 
place,  shall  by  himself  or  his  servants   sell  intoxicating 
liquor,  shall  upon  conviction  thereof  be  fined  not  less  than 
fifty  dollars  nor  more  than  five  hundred  dollars,  and  im- 
prisoned in  the  house  of  correction  for  a  term  of  not  less 
than  one  month  nor  more  than  six  months,  and  the  pro- 
visions of  section  eight  of  chapter  two  hundred  and  fifteen 
of  the  Public  Statutes  shall  not  apply  to  such  sentence. 

Sectiojs^  5.     Any  license  of  the  sixth  class  shall  cease  License  to  be 
and  become  null  and  void,  without  any  process  or  decree,  liclnJIe^ceases 
whenever  the  registered  pharmacist  to  whom  it  has  been  etc'^^excepttete. 
granted  shall  cease  to  conduct  his  business  in  person  and 
on   his  own  account,  or  upon  the  revocation  of  his  regis- 
tration as  such  pharmacist,  and  of  his  certificate  thereof; 
excepting  cases  where  the  registered  pharmacist  has  died 
or  become  incapacitated,  and  his  business  is  continued  by 
his  widow,  executor  or  administrator,  under  a  registered 
pharmacist. 

Section  6.     It  shall  be  the  duty  of  the  board  of  phar-  Prosecution. 
macy  to  prosecute  all  persons  violating  section  four  of 
this  act. 

Section  7.  In  order  to  properly  carry  out  the  pro-  Annual  expen- 
visions  of  this  act  the  board  of  registration  in  pharmacy  mentf'etc"^^' 
ma}^  expend  annually  a  sum  not  exceeding  two  thousand 
dollars,  and  an  itemized  statement  of  all  expenses  incurred 
shall  be  filed  with  the  auditor  of  the  Commonwealth, 
who,  after  they  have  been  properly  approved,  shall  allow 
them  in  the  same  manner  as  other  claims  against  the 
Commonwealth . 

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

Approved  June  10,  1893. 

An  Act  RELAXrS'G  to  the  election  of  members   of  the   board   f^JffjY)  4-7S 

OF  aldermen  in  the  city  of  boston.  "* 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     In    Boston  there   shall  be  chosen  at  the  Twelve  aider- 
municipal    election    in    the    year    eighteen    hundred    and  ""^"^  ^^^^' 
ninety-three,  and  annually  thereafter,  twelve  aldermen  at 
larore. 


1410 


Acts,  1893.  — Chap.  474. 


Manner  of  vot- 
ing, determi- 
oatioD,  etc. 


Repeal. 


To  take  effect 
upon  accept- 
ance. 


C7iapA74: 


Charter  of  Bay 
State  Gas  Com- 
pany revoked. 


Appointment  of 
receiver,  etc. 


Sections  one 
and  two  to  take 
effect,  unless, 
etc. 


Issue  of  stock, 
valuation  of 
property,  etc. 


Section  2.  No  voter  shall  vote  for  more  than  seven 
aldermen  on  one  ballot,  and  the  twelve  having  the  highest 
number  of  votes  shall  be  declared  elected.  All  vacancies 
shall  be  tilled  by  a  new  election. 

Section  3.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  4.  This  act  shall  take  effect  if  accepted  by 
the  voters  of  Boston  at  the  next  state  election. 

Ax)x>roved  June  10,  1893. 

Ax  Act  relating  to  the  bay  state  gas  company. 
Be  it  enacted,  etc.,  as  Jollotvs : 

Section  1.  The  charter  of  the  Bay  State  Gas  Com- 
pany is  hereby  revoked  and  annulled,  and  said  corpora- 
tion shall  be  subject  to  the  provisions  of  sections  forty- 
one  to  forty-tive,  inclusive,  of  chapter  one  hundred  and 
five  of  the  Public  Statutes,  so  far  as  the  same  are  appli- 
cable, and  subject  to  the  provisions  hereinafter  contained. 

Section  2.  The  supreme  judicial  court  shall,  on  appli- 
cation made  as  provided  in  section  forty-two  of  chapter 
one  hundred  and  five  of  the  Public  Statutes,  or  on  appli- 
cation of  the  mayor  of  the  city  of  Boston,  appoint  a  re- 
ceiver of  the  said  Ba}^  State  Gas  Company,  who  shall  hold 
and  distribute  the  estate  and  effects  of  the  said  company 
as  provided  in  sections  forty-two  to  forty-five,  inclusive, 
of  said  chapter  one  hundred  and  five  of  the  Public  Statutes. 

Section  3.  Sections  one  and  two  of  this  act  shall  take 
effect  on  the  first  day  of  December  in  the  year  eighteen 
hundred  and  ninety-three  ;  unless  the  said  Bay  State  Gas 
Company  shall,  prior  to  said  day,  procure  or  cause  a  cer- 
tain obligation  for  four  million,  five  hundred  thousand  dol- 
lars, dated  the  eleventh  day  of  March  in  the  jeav  eighteen 
hundred  and  eighty-five,  and  issued  by  said  company  as 
part  consideration  for  a  contract  for  the  construction  of 
its  works,  to  be  legally  cancelled  and  discharged,  and  shall 
surrender  and  deliver  the  said  obligation  thus  legall}^  can- 
celled and  discharged  to  the  commissioner  of  corporations. 

Section  4.  The  said  Bay  State  Gas  Company  may, 
for  the  purpose  of  procuring  such  cancellation  and  delivery 
of  said  obligation,  issue  to  the  holder  or  holders  of  said 
obligation  upon  the  said  deliver}^  stock  to  an  amount 
equal  to  the  excess  of  the  actual  market  value  of  the  prop- 
erty of  said  company  over  five  hundred  thousand  dollars, 
not  including  therein  any  value  for  its  franchises.     The 


Acts,  1893.  — Chap.  475.  1411 

said  value  of  said  property  shall  be  determined  by  three 
disinteref«ted  jiersons  to  be  ap[)ointed  as  coiiiiuissioners 
b}''  the  supreme  judicial  court,  upon  application  of  the 
said  company,  after  notice  to  the  mayor  of  the  city  of 
Boston,  who  shall  be  a  })arty  to  all  proceedings  before  the 
said  commissioners.  Stock  may  be  issued  under  the  pro- 
visions of  this  act  only  after  the  findings  of  said  commis- 
sioners have  been  approved  by  the  court,  after  due  notice 
to  all  parties  interested,  and  only  in  the  event  that  the 
aggregate  amount  of  stock,  bonds,  notes  and  other  liabil- 
ities of  said  company  outstanding  at  the  time  of  such  issue 
shall  not  exceed  the  said  value  of  the  property  found  and 
approved  as  aforesaid. 

Section  5.     It  shall  not  be  lawful  for  the  said  Bay  Not  to  issue 
State  Gas  Company  to   issue  any  stock  or  bonds  or  to  c'epl  •Is'^heVe^n' 
assume  any  liabilities  or  to  pay  any  consideration  for  or  i>'"°^'^''^''- 
on  account  of  the  principal  of  the  said  obligation,  or  for 
the  pur[)ose  of  procuring  the   cancellation  and  delivery 
thereof,  except  as  provided  in  this  act. 

Section  6.     Sections  four  and  five  of  this  act  shall  take  when  to  take 
effect  upon  its  passage.  Api)roved  June  10,  1893. 

Ax  Act  to  provide  for  the  improvement  of  citarles  river,  fij.^^  4.7/r 
Be  it  enacted,  etc.,  csfoUoivs: 

Section  1.     The  board  of  metropolitan  park  commis- investigation 
sioners,  established  under  the  provisions  of  chapter  four  condulon  of^ 
hundred  and  seven  of  the  acts  of  the  year  eighteen  hun-  chaiies  river, 
dred   and   ninety-three,   and   the   state   board   of  health, 
sitting  as   a  joint    board,  shall    investigate  the   sanitary 
condition  and  prepare  plans  for  the  improvement  of  the 
beds,  shores   and  waters   of  the  Charles  river,  between 
Charles   river  bridge  and  the  Waltham  line  on  Charles 
river,  and  for  the  removal  of  any  nuisances  therefrom, 
and  report  with  their  recommendations  to  the  next  gen- 
eral court  on  or  before  the  first  Wednesday  in  February. 

Section  2.  Said  commissioners  may  employ  engineers  Employment  of 
and  experts  and  incur  such  expenses  as  may  be  necessary  ''"^'°''^''^>  ^"'• 
to  carry  out  the  provisions  of  this  act,  and  may  expend 
for  such  puri)ose  a  sum  not  exceeding  five  thousand 
dollars.  AH  bills  shall  be  approved  and  filed  WMth  the 
auditor  and  allowed  in  the  same  manner  as  other  claims 
against  the  Commonwealth. 

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

Approved  June  10,  1893. 


1412 


Acts,  1893.  — Chap.  476. 


ChavAlQ  ^^  ^^'^  '^^  PROVIDE  FOR  THE  APPOINTMENT  OF  A  HIGHWAl 
COMMISSION  TO  IMPROVE  THE  PUBLIC  ROADS  AND  TO  DEFINE 
ITS   POWERS   AND   DUTIES. 


MaBsachusetta 
Highway  Com- 
misiiioD,  ap- 
pointment, 
term  of  olHce, 
compensation, 
etc. 


to  compile 

statistics,  make 
investigations, 
advise  officers, 
prepare  maps, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor,  with  the  advice  and  con- 
sent of  the  council,  shall,  within  thirty  days  after  the 
passage  of  this  act,  appoint  three  competent  persons,  to 
serve  as  the  Massachusetts  Highway  Commission.  Their 
terms  of  office  shall  be  so  arranged  and  designated  at  the 
time  of  their  appointment  that  the  term  of  one  member 
shall  expire  in  three  years,  one  in  two  years  and  one  in 
one  year.  The  full  term  of  office  thereafter  shall  be  for 
three  years,  and  all  vacancies  occurring  shall  be  filled  by 
the  governor,  with  the  advice  and  consent  of  the  council. 
The  members  of  said  board  may  be  removed  by  the 
governor,  with  the  advice  and  consent  of  the  council,  for 
such  cause  as  he  shall  deem  sufficient  and  shall  express 
in  the  order  of  removal.  They  shall  each  receive  in  full 
compensation  for  their  services  an  annual  salary  of  two 
thousand  dollars,  payable  in  equal  monthly  instalments, 
and  also  their  travelling  expenses.  They  may  expend 
annually  for  clerk  hire,  engineers  and  for  defraying 
expenses  incidental  to  and  necessary  for  the  performance 
of  their  duties,  exclusive  of  office  rent,  the  sum  of  two 
thousand  dollars.  They  shall  be  provided  with  an  office 
in  the  state  house  or  some  other  suitable  place  in  the  city 
of  Boston,  in  which  the  records  of  their  office  shall  be 
kept.  They  may  establish  rules  and  regulations  for  the 
conduct  of  business  and  for  carrying  out  the  provisions 
of  this  act. 

Section  2.  They  shall  from  time  to  time  compile 
statistics  relating  to  the  public  roads  of  cities,  towns  and 
counties,  and  make  such  investigations  relating  thereto 
as  they  shall  deem  expedient.  They  may  be  consulted 
at  all  reasonable  times,  without  charge,  by  officers  of 
counties,  cities  or  towns  having  the  care  of  and  authority 
over  public  roads,  and  shall  without  charge  advise  them 
relative  to  the  construction,  repair,  alteration  or  main- 
tenance of  the  same  ;  but  advice  given  by  them  to  any 
such  officers  shall  not  impair  the  legal  duties  and  obliga- 
tions of  any  county,  city  or  town.  They  shall  prepare  a 
map  or  maps  of  the  Commonwealth  on  which  shall  be 
shown   county,   city  and  town   boundaries  and   also  the 


Acts,  1893.  — Chap.  47G.  1413 

public    roads,  particularly  the    state    highways,    giving, 

Avlien   practicable,  the   names  of  the   same.      They  shall 

collect  and  collate  intbrmation  concerninji:  the  ireolojrical 

formation  ot  this  Commonwealth,  so  far  as  it  relates  to 

the  material  suitable  and  proper  for  road  building,  and 

shall,   so   far  as   practicable,   designate  on   said    map  or 

maps  the  location  of  such  material.     Such  maj)  or  maps 

shall  at  all  reasonable  times  be  open  for  the  inspection 

of  officers  of  counties,  cities  and  towns  having  the  care  of 

and  authority  over  public  roads.     They  shall  each  year  Massachusetts 

hold  at  least  one  public  meeting  in  each  county  for  the  com'^n^ssion 

open  discussion  of  questions  relating  to  the  public  roads,  |°eeti'u  T^"'^ 

due  notice  of  which  shall  be  given  in  the  press  or  other- 

"wise. 

Sectiox  3.  They  shall  make  an  annual  report  to  the  Aonuai  report, 
legislature  of  their  doings  and  the  expenditures  of  their  ^^^' 
office,  together  with  such  statements,  facts  and  explana- 
tions bearing  upon  the  construction  and  maintenance  of 
public  roads,  and  such  suggestions  and  reconnnendations 
as  to  the  general  policy  of  the  Commonwealth  in  respect 
to  the  same  as  may  seem  to  them  appropriate.  Their 
report  shall  be  transmitted  to  the  secretary  of  the  Com- 
monwealth on  or  before  the  first  Wednesday  in  January 
of  each  year,  to  be  laid  before  the  legislature.  All  maps, 
plans  and  statistics  collected  and  compiled  under  their 
direction  shall  be  preserved  in  their  office. 

Section  4.     County  commissioners  and  city  and  town  officers  to  fur- 
officers  having  the  care  of  and  authority  over  public  roads  wYtMnfo"'''""" 
and  bridges  throughout  the  Commonwealth  shall,  on  re-  ™*'''°'^- 
quest,  furnish  the  commissioners  any  information  required 
by  them  concerning  the  roads  and   bridges  within  their 
jurisdiction. 

Section  5.  For  the  purpose  of  carrying  out  the  pro-  Expenditure. 
visions  of  this  act  said  commission  may  expend  such  sums 
for  necessary  assistants,  the  procuring  of  necessary  sup- 
plies, instruments,  material,  machinery  and  other  prop- 
erty, and  for  the  construction  and  maintenance  of  state 
highways,  as  shall  from  time  to  time  be  appropriated  by 
the  legislature  ;  and  they  shall  in  their  annual  report  state 
what  sums  they  deem  necessary  for  the  year  commencing 
■with  the  first  day  of  March  following. 

Section  6.  Whenever  the  county  commissioners  of  a  state  highway, 
county  adjudge  that  the  common  necessity  and  conven-  Spmrpelufon  of 
ieuce  require  that  the  Commonwealth  acquire  as  a  state  srjuers.^*^"'"'"" 


1414 


Acts,  1893.  — Chap.  476. 


pro!feedfnm'*^'    l^igl^way  a  new  or  an  existing  road  in  that  county,  they 
upon  petition      niRV  applv  bv  petition  in  writing  to  the  Massachusetts 

of  county  com-     ,.*('^**'''.'-.  ,  I'^'ii  i 

missiouers.  highway  couimission,  stating  the  road  they  recommend, 
and  setting  forth  a  detailed  description  of  said  road  by 
metes  and  bounds,  together  with  a  plan  and  profile  of  the 
same.  Said  commission  shall  consider  such  petition,  and 
if  they  adjudge  that  it  ought  to  be  allowed,  they  shall  in 
writing  so  notify  said  county  commissioners.  It  shall 
then  become  the  duty  of  said  county  commissioners  to 
cause  said  road  to  be  surveyed  and  laid  out  in  the  manner 
provided  for  the  laying  out  and  alteration  of  highways, 
the  entire  expense  thereof  to  be  borne  and  paid  by  said 
county.  Said  county  commissioners  shall  preserve  a  copy 
of  such  petition,  plans  and  profiles  with  their  records  for 
public  inspection.  When  said  commission  shall  be  satis- 
tied  that  said  county  commissioners  have  properly  sur- 
veyed and  laid  out  said  road,  and  set  in  place  suitable 
monuments,  and  have  furnished  said  commission  with 
plans  and  profiles,  on  which  shall  be  shown  such  monu- 
ments and  established  grades,  in  accordance  with  the  rules 
and  regulations  of  said  commission,  said  commission  may 
approve  the  same,  and  so  notify  in  writing  said  county 
commissioners.  Said  commission  shall  then  present  a 
certified  copy  of  said  petition,  on  which  their  approval 
shall  be  indicated,  together  with  their  estimates  for  con- 
structing said  road  and  the  estimated  annual  cost  for 
maintaining  the  same,  to  the  secretary  of  the  Common- 
wealth, who  shall  at  once  lay  the  same  before  the  legisla- 
ture, if  it  is  in  session,  otherwise  on  the  second  Wednesday 
of  January  following.  If  the  legislature  makes  appropri- 
ation for  constructing  said  road,  said  commission  shall 
cause  said  road  to  be  constructed  in  accordance  with  this 
act,  and  when  completed  and  approved  by  them  said  road 
shall  become  a  state  highway,  and  thereafter  be  maintained 
by  the  Commonwealth  under  the  supervision  of  said  com- 
mission, 
proceedings         SECTION  7.     Two  or  morc  citics  or  towns  may  petition 

upon  petition  of  .       ,  4.1      .       •        .  i      •  •     • 

two  or  more       the  Said  commissiou  representing  that,  in  their  opinion, 

cities  or  towns.    ,-,  -j.  i  •  •         xi     ^    ^i 

the  common  necessit}^  and  convenience  require  that  the 
Commonwealth  should  acquire  as  a  state  highway  a  new 
or  an  existing  road  leading  from  one  city  or  town  to 
another,  which  petition  shall  be  accompanied  by  a  de- 
tailed description  of  such  road  by  metes  and  bounds,  aod 
also  a  plan  and  profile  of  the  same.     If  said  commission 


Acts,  1893.  — Chap.  476.  1415 

adjudge  that  tlie  common  necessity  and  convenience  re-  etatphiirhwny, 
quire  such  road  to  he  laid  out  and  acquired  as  a  state  upo'n' pVi'ition of 
highway,  thoy  shall  cause  a  copy  of  said  petition,  on  cmeso^owns. 
which  shall  he  their  tinding,  to  he  given  to  the  county 
commissioners  of  the  county  in  which  said  road  or  any 
portion  of  it  lies.  It  shall  then  heconie  the  duty  of  the 
count}'  counnissioners,  at  the  expense  of  the  county,  to 
cause  said  road  to  he  surveyed  and  laid  out,  and  to  set  in 
place  suitahle  monuments  and  to  cause  a  detailed  descrip- 
tion by  metes  and  bounds,  plans  and  profiles  to  be  made, 
on  which  shall  be  shown  said  monuments  and  established 
grades,  and  to  give  the  same  to  said  commission  ;  but 
said  county  commissioners  shall  have  the  right  to  change 
the  line  of  said  road,  provided  the  termini  are  substan- 
tially the  same.  Said  county  commissioners  shall  preserve 
said  petition  and  a  copy  of  the  plans  and  profiles,  with 
their  records,  for  pul)lic  inspection.  When  said  commis- 
t^ion  shall  be  satisfied  that  the  county  commissioners  have 
properly  surveyed  and  laid  out  said  road  and  set  in  place 
suitable  monuments,  and  have  furnished  them  with  plans 
and  profiles  on  which  shall  be  shown  said  monuments  and 
established  grades,  in  accordance  with  the  rules  and  regu- 
lations of  said  commission,  they  shall  then  proceed  in  the 
same  manner  as  provided  in  section  six  of  this  act ;  and 
when  said  road  is  completed  and  approved  by  said  com- 
mission it  shall  become  a  state  highway,  and  thereafter  be 
maintained  by  the  Commonwealth  under  the  supervision 
of  said  commission. 

Section  8.     In  all  cases  where  a  highway  is  to  be  con-    grading,  con- 
structed at  the  expense  of  the  Commonwealth  as  a  state  fJivem?"^ 
highway,  all  the  grading  necessary  to  make  said  highway  be'plMfoi^by" 
of  the  established  grade,  and  the  construction  of  culverts  coumy. 
and  bridges,  shall  be  paid  for  by  the  county  or  counties, 
respectively,  in  which  said  highway  or  any  portion  of  it 
lies,  and  the  work  must  be  done  to  the  satisfaction  of  said 
commission.     No  action  bj^  a  person  claiming  damage  for    action  for 
the  taking  of  land  or  change  of  grade,  under  the  provi-  ^^^''^es. 
sions  of  this  act,  shall  be  cojnmenced  against  a  county 
until  said  commission  has  taken  possession  for  the  pur- 
pose of  constructing  such  state  highway. 

Section  9.     When  appropriation  has  been  made  by  the     proceedings 
legislature  for  the  construction  of  a  state  highway,  said  piiaucTiMH  made 
commission  shall  at  once  cause  plans  and  specifications  to  [oj^<=oo'*'''nc- 
be  made  and  estimate  the  cost  of  the  construction  of  such 


1416 


Acts,  1893. —  Chap.  476. 


State  highway, 
proceedines 
when  appropri- 
ation is  made 
for  construc- 

tiOQ. 


maintenaDce. 


contracts  sub- 
ject to  approval 
of  governor  and 
council. 


rights  of  ad- 
joining owner 
Or  occupant,  etc. 


state  hiorhway,  and  irive  to  each  city  and  town  in  which 
said  road  lies,  a  certified  copy  of  said  | dans  and  specifica- 
tions, with  a  notice  that  said  commission  is  ready  for  the 
construction  of  said  road.  Such  city  or  town  shall  have 
the  right,  without  advertisement,  to  contract  with  said 
commission  for  the  construction  of  so  much  of  such  high- 
w^ay  as  lies  within  its  limits,  in  accordance  with  the  plans 
and  specifications  of  the  commission  and  under  its  super- 
vision and  subject  to  its  approval,  at  a  price  agreed  upon 
between  said  commission  and  said  city  or  town  ;  but  such 
price  agreed  upon  shall  not  exceed  eighty-five  per  cent, 
of  the  original  estimate  of  said  commission.  If  such  city 
or  town  shall  within  thirty  days  not  elect  to  so  contract, 
said  commission  may  advertise  in  one  or  more  papers 
published  in  the  county  where  the  road  or  portion  of  it 
is  situated,  and  in  one  or  more  papers  published  in  Boston, 
for  bids  for  the  construction  of  said  highway  in  accordance 
with  the  plans  and  specifications  furnished  by  said  com- 
mission, and  under  their  supervision  and  subject  to  their 
approval.  Said  commission  shall  have  the  right  to  reject 
any  and  all  bids,  and  they  shall  require  of  the  contractor 
a  bond  for  at  least  ten  thousand  dollars  for  each  mile  of 
road,  to  indemnify  such  city  or  town  in  which  such  high- 
way lies  against  damage  while  such  road  is  being  con- 
structed, and  the  Commonwealth  shall  not  be  liable  for 
any  damage  occasioned  thereby.  Said  commission  shall 
make  and  sign  all  contracts  in  the  name  of  the  Massa- 
chusetts highway  commission. 

Section  10.  For  the  maintenance  of  state  highways, 
said  commission  shall  contract  with  the  city  or  town  in 
which  such  state  highway  lies,  or  a  person,  firm  or  cor- 
poration, for  the  keeping  in  repair  and  maintaining  of  such 
highway,  in  accordance  with  the  rules  and  regulations  of 
said  commission,  and  subject  to  their  supervision  and  ap- 
proval, and  such  contracts  may  be  made  without  previous 
advertisement. 

Section  11.  All  contracts  made  by  or  with  the  Massa- 
chusetts highway  commission  under  the  provisions  of  this 
act  shall  be  subject  to  the  approval  of  the  governor  and 
council. 

Section  12.  No  length  of  possession,  or  occupancy  of 
land  within  the  limit  of  any  state  highway,  by  an  owner 
or  occupier  of  adjoining  land,  shall  create  a  right  to  such 
land  in  any  adjoining   owner  or  occupant  or  a  person 


Acts,  1893.  — Chap.  476.  1417 

cliiiminii"  uiulor  him,  and  any  fences,  biiiklinirs,  sheds  or 
other  obstructions  encroaching  upon  such  state  highway 
shall,  upon  written  notice  by  said  commission,  at  once  be 
removed  l)v  tiie  owner  or  occupier  of  adjoining  land,  and 
if  not  so  removed  said  commission  may  cause  the  same  to 
be  done  and  may  remove  the  same  upon  the  adjoining 
land  of  such  owner  or  occupier. 

Section   13.     The  Commonwealth    shall    be  liable  for  state  hisrhway, 
injuries    to    persons    or   property    occurring    through    a  inju'rU's toprop- 
defect,   or  want   of  repair  or  of  sufficient  railing,  in  or  8MB°etc" 
upon  a  state  highway. 

Section  14.  Cities  and  towns  shall  have  police  juris-  police jurisdic- 
diction  over  all  state  highways,  and  they  shall  at  once  pi°p"e8,'7ia"nung 
notify  in  writing  the  state  commission  or  its  employees  '"^*' '-'''=• 
of  any  defect  or  want  of  repair  in  such  highways.  No 
state  highway  shall  be  dug  up  for  laying  or  placing  pipes, 
sewers,  posts,  wires,  railways  or  other  purposes,  and  no 
tree  shall  be  planted  or  removed  or  obstruction  placed 
thereon,  except  by  the  written  consent  of  the  superinten- 
dent of  streets  or  road  commissioners  of  a  city  or  town, 
approved  b}^  the  highway  commission,  and  then  only  in 
accordance  with  the  rules  and  regulations  of  said  commis- 
sion ;  and  in  all  cases  the  work  shall  be  executed  under 
the  supervision  p.nd  to  the  satisfaction  of  said  commission, 
and  the  entire  expense  of  replacing  the  highway  in  as 
good  condition  as  before  shall  be  paid  by  the  parties  to 
whom  the  consent  was  given  or  by  whom  the  work  was 
done  ;  but  a  city  or  town  shall  have  the  right  to  dig  up 
such  state  highway  without  such  approval  of  the  high- 
way commission  where  immediate  necessity  demands  it, 
but  in  all  such  cases  such  highway  shall  be  at  once  re- 
placed in  as  good  condition  as  before,  and  at  the  expense 
of  the  city  or  town.      Said  commission  shall  give  suit-     names,  guide 

11  "  ji'i  11  1111  1        posts,  etc. 

able  names  to  the  state  nlghwa3^s,  and  they  shall  have  the 
right  to  change  the  name  of  any  road  that  shall  have  be- 
come a  part  of  a  state  highway.  They  shall  cause  to  be 
erected,  at  convenient  points  along  state  highways,  suita- 
ble guide  posts. 

Section  15.     The  word  "road",  as  used  in  this  actp«^?,''f«    , 

,  ,  *  road     aenDtid. 

includes  every  thoroughfare  which  the  public  has  a  right 
to  use. 

Section  16.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  1893. 


1418 


Acts,  1893.  — Chap.  477. 


Ch(ip.4:77   ^^^    ■^^'^     RELATIVE    TO     THE     LICENSING    OF    PLUMBERS     AND     THE 
SUPERVISION    OF    THE    BUSINESS   OF   PLUMBING. 


All  plumbers  to 
be  licensed. 


Application  and 
examination  of 
applicant. 


One  license  for 
firm  or  corpo- 
ration. 


Board  of  exam- 
iners, appoint- 
ment, compen- 
sation, etc. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  No  person,  firm  or  corporation  not  now 
engaged  in  or  working  at  the  business  of  pluml)ing  shall 
hereafter  enjjage  in  or  work  at  said  business  in  this  Com- 
monweahh,  either  as  a  master  or  em[)loying  plumber  or  as 
a  journeyman  plumber,  unless  such  person,  firm  or  cor- 
poration first  receives  a  license  therefor,  in  accordance 
with  the  provisions  of  this  act. 

Section  2.  Any  person  desiring  to  engage  in  or  work 
at  the  business  of  plumbing,  either  as  a  master  or  employ- 
ing plumber  or  as  a  journeyman  plumber,  shall  apply  to 
the  board  of  health  having  jurisdiction  in  the  locality 
where  he  intends  to  engage  in  or  work  at  such  business, 
except  in  cities  or  towns  where  the  inspector  of  buildings 
has  control  of  the  regulations  regarding  plumbing,  where 
such  application  shall  be  made  to  the  inspector  of  build- 
ings, and  shall,  at  such  time  and  place  as  may  be  desig- 
nated by  the  board  of  examiners  hereinafter  provided  for, 
to  whom  such  application  shall  be  referred,  be  examined 
as  to  his  qualifications  for  such  business.  In  the  case  of 
a  firm  or  corporation,  the  examination  and  licensing  of 
any  one  member  of  the  firm  or  the  manager  of  the  corpo- 
ration shall  satisfy  the  requirements  of  this  act. 

Section  3.  There  shall  be  in  every  city  and  each  town 
of  five  thousand  inhabitants  or  more,  and  in  each  town 
having  a  S3'^stem  of  water  supply  or  sewerage,  a  board  of 
examiners  of  f)lumbers,  consisting  of  the  chairman  of  the 
board  of  health  and,  in  cities  or  towns  having  an  inspector 
of  buildings,  the  inspector  of  buildings  of  said  city  or 
town,  who  shall  be  members  ex  officio  of  said  board,  and 
serve  without  compensation,  and  a  third  member,  who 
shall  be  a  practical  plumber.  Said  third  member  shall  be 
appointed  by  the  board  of  health  of  said  city  or  town 
within  three  months  from  the  passage  of  this  act,  for  the 
term  of  one  year  from  the  first  day  of  May  in  the  year  of 
appointment,  and  thereafter  annually  before  the  first  day 
of  June,  and  shall  be  allowed  a  sum  not  exceeding  five 
dollars  for  each  day  of  actual  service,  to  be  paid  from  the 
treasury  of  such  city  or  town  :  provided,  that  if  in  any 
city  or  town  there  is  no  inspector  of  buildings,  said  board 


Acts,  1893.  — Chap.  477.  1419 


of  health  shall  appoint  a  second  member  of  said  board  of 
examiners,  who  shall  be  a  practical  plumber,  and  whose 
term  of  office  and  compensation  shall  be  the  same  as  is 
heretofore  provided  for  said  third  member. 

Section  4.     Said  board  of  examiners  shall  as  soon  as  organization; 

,  ,.  ,1  .     ,  ,        /•         •  1    J I   •     1  I  i.   examinationa. 

may  be  alter  the  appointment  ot  said  tliird  membL-r,  meet 
and  organize  by  the  selection  of  a  chairman,  and  shall 
then  desionate  the  times  and  places  for  the  examination 
of  all  apj)licants  desirin<r  to  engage  in  or  work  at  the 
business  of  plumbing  within  their  respective  jurisdictions. 
Said  board  shall  examine  said  applicants  as  to  their  prac-  issue  and 
tical  knowledge  of  plumbing,  house  drainage  and  plumb-  licenses  "fees. 
ing  ventilation,  and  if  satisfied  of  the  competenc}^  of  the 
applicant,  shall  so  certify  to  the  board  of  health  or  in- 
spector of  buildings  in  their  respective  city  or  town. 
Said  board  or  inspector  shall  thereupon  issue  a  license  to 
such  applicant  authorizing  him  to  engage  in  or  work  at 
the  business  of  plumbing,  either  as  master  or  employing 
plumber,  or  as  a  journeyman  plumber.  The  fee  for  a 
license  for  a  master  or  employing  plumber  shall  be  two 
dollars  ;  for  a  journeyman  plumber,  it  shall  be  fifty  cents. 
Said  licenses  shall  be  valid  and  have  force  throughout  the 
Commonwealth,  and  shall  be  renewed  annually  upon  pay- 
ment of  a  fee  of  fifty  cents.  In  case  of  removal  beyond  the 
jurisdiction  of  the  board  or  inspector  issuing  the  original 
license,  it  may  be  renewed  by  any  board  having  like 
authority. 

Sectiox  5.     The  board  of  health  or  inspector  of  build-  p"Xbi'ng!°' 
inirs  of  each  city  and  town  mentioned  in  section  three  of  appointment, 

,V  iii"i-,i  ,1/.  vi  f    compensation, 

this  act,  shall,  within  three  months  trom  the  passage  ot  powers, duties, 
this  act,  appoint  one  or  more  inspectors  of  plumbing,  who  ^'*'' 
shall  be  practical  plumbers,  and  who  shall  hold  office  until 
removed  by  said  board  or  inspector  for  cause  which  must 
be  shown.  The  compensation  of  such  inspectors  shall  be 
determined  by  the  board  or  inspector  appointing  them, 
and  be  paid  from  the  treasury  of  their  respective  cities 
or  towns.  Said  inspectors  shall  inspect  all  plumbing  work 
for  which  permits  are  hereafter  granted  within  their  re- 
spective jurisdictions,  in  process  of  construction,  altera- 
tion or  repair ;  and  shall  report  to  said  board  or  inspector 
all  violations  of  any  law,  ordinance  or  by-law  relating  to 
plumbing  work,  and  also  perform  such  other  appropriate 
duties  as  may  be  required. 


1420 


Acts,  1893.  —  Chap.  478. 


iSsTo'i  '■'^"'  Section  6.  Each  city  and  town  of  five  thousand  in- 
piumbiug.  habitants  or  more  in  this  Commonwealth,  and  every  town 
having  a  system  of  water  supply  or  sewerage,  shall  by 
ordinance  or  by-law,  within  six  months  from  the  passage 
of  this  act  prescribe  rules  and  regulations  for  the  materials, 
construction,  alteration  and  inspection  of  all  pipes,  tanks, 
faucets,  valves  and  other  fixtures  by  and  through  which 
waste  water  or  sewage  is  used  and  carried,  and  provide 
that  no  such  pipes,  tanks,  faucets,  valves  or  other  fixtures 
shall  be  placed  in  any  building  in  such  city  or  town  except 
in  accordance  with  plans  which  shall  be  approved  by  the 
board  of  health  of  such  city  or  town,  or  such  person  or 
persons  as  said  board  of  health  may  designate  :  and  shall 
further  provide  that  no  plumbing  work  shall  be  done  except 
in  the  case  of  repair  of  leaks,  without  a  permit  being  first 
issued  therefor  upon  such  terms  and  conditions  as  such 
Not  to  apply  to  city  and  town  shall  prescribe.  The  provisions  of  this 
section  shall  not  apply  to  the  city  of  Boston  or  to  any 
officer  or  board  thereof. 

Section  7.  Any  person  violating  any  provision  of 
this  act  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
subject  to  a  fine  not  exceeding  fifty  dollars  for  each  and 
every  violation  thereof,  and  his  license  may  be  revoked 
by  the  examining  board  provided  for  in  section  three  of 
this  act. 

Section  8.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Approved  June  10,  1893. 


Penalty. 


Repeal. 


OJl(ip.4:7S  An  Act  relative  to  the  coxstructiox   of  subways  in  the 

CITY    OF    BOSTON. 


Board  of 

subway  cotn- 

miseioners, 

appointment, 

organization, 

compensation, 

etc. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  mayor  of  the  city  of  Boston  shall 
appoint,  subject  to  confirmation  by  the  board  of  aldermen 
of  said  city,  as  in  the  case  of  other  heads  of  departments 
of  said  cit}^  three  commissioners  to  constitute  a  board  of 
said  city,  to  be  known  as  the  board  of  subway  commis- 
sioners. Said  board  shall  choose  one  of  its  number  to  be 
chairman  and  a  person  not  one  of  its  number  to  be  secre- 
tary ;  and  said  commissioners  shall  receive  such  compen- 
sation for  their  services,  to  be  paid  out  of  the  proceeds  of 
the  loan  hereinafter  authorized,  as  the  city  council  of  said 
city  shall  by  order  determine. 


Acts,  1893.  — Chap.  478.  1421 

Sfctiox  2.     The  said  board  is  hereby  authorized  to  hiy  Location  and 

,  ,  ,  ,  /•  i  J  •  1  '      conHtructlou  of 

out  and  contstruct  a  subway  tor  street  railway  purposes  subway. 
sutticient  to  eontain  two  or  more  parallel  tracks,  with 
suitable  approaches,  stations,  exits  and  entrances.  Said 
subway  sh:dl  extend  throuo:h  Tremont  street  and  lands 
adjacent  thereto,  exce]itino;  Boston  Common,  from  a  point 
or  points  at  or  near  the  junction  of  Tremont  and  Pleasant 
streets  to  Scollay  square,  and  may  continue  throuiih 
Court  street  or  other  streets  and  lands  near  Scollay  square 
to  a  point  or  points  where  in  the  judgment  of  said  board 
a  suitable  and  advantageous  exit  to  connect  with  surface 
tracks  may  be  obtained. 

Sectiox  3.  The  said  board  is  hereby  authorized  to  Taking  of  lauds, 
select  and  take  in  the  name  and  behalf  of  said  city,  by  ^'^' 
purchase  or  otherwise,  such  lands  and  rights  of  way,  either 
upon  or  below  the  surface,  as  in  the  judgment  of  said 
board  may  be  requisite  for  the  widening  of  said  subway 
or  for  suitable  approaches  thereto  and  extensions  thereof 
to  connect  with  surface  tracks  and  for  suitable  stations, 
exits  and  entrances. 

Section  4.     The  said  board  shall,  within  thirty  days  a  description  of 
after  the  taking  of  any  land  or  rights  of  way,  tile  in  the  taken'tobere- 
registry   of   deeds  for  the  county   of  Sutiblk  and  cause  tryofdeed's^'c. 
to  be  recorded  a  description  of  the  lands  or  rights  of  way 
so  taken,  as  certain  as  is  required  in  a  common  convey- 
ance of  land,  with  a  statement  of  the  purpose  for  which 
the  same  are  taken  ;  which  description  and  statement  shall 
be  signed  by  said  commissioners  or  a  majority  thereof, 
and  the  fee  of  the  land  or  the  rights  of  way  so  taken  or 
purchased  shall  vest  in  the  city  of  Boston.    The  city  shall  Damages. 
be  liable  to  pay  all  damages  that  shall  be  sustained  by  any 
person  or  persons  by  reason  of  taking  such  lands  or  rights 
of  way  as  aforesaid  ;  such  damages  to  be  ascertained  and 
determined  in  the  manner  provided  for  ascertaining  and 
determining  damages  in  case  of  the  laying  out,  altering 
or  discontinuing  of  ways  in  the  city  of  Boston. 

Section  5.  Said  board  may  employ  one  or  more  com-  Engineers  and 
petent  engineers  to  make  surveys,  submit  plans,  advise'"'^ 
said  board  and  to  superintend  the  construction  of  said 
subway.  Said  board  may  also  employ  a  competent 
architect  to  assist  said  board  and  its  engineers,  and  to  pre- 
pare plans  for  the  architectural  features  and  detail  of  said 
subway,  which  shall  be  made  architecturally  and  other- 


1422  Acts,  1893.  — Chap.  478. 

wise  as  attractive  as  may  be  within  reasonable  limits  of 
expense. 
?x°ceedin'°"  °°*  SECTION  6.  The  citj  of  Boston  for  the  purpose  of 
$2,000,000.  purchasing  or  taking  land  or  rights  of  way  for  said  sub- 
way, the  widening  or  extension  thereof,  the  approaches 
thereto,  and  for  stations,  exits  and  entrances,  and  for  the 
purpose  of  enabling  said  board  of  commissioners  to  lay 
out  and  construct  said  subway,  and  to  defray  the  expense 
thereof,  may  incur  indebtedness  and  authorize  the  city 
treasurer  of  said  city  to  issue  from  time  to  time  as  said 
board  shall  request,  negotiable  bonds  or  certificates  of 
indebtedness  to  an  amount  not  exceeding;  two  millions 
of  dollars  outside  of  the  limit  of  indebtedness  fixed  by 
law  for  said  city.  Such  bonds  shall  be  payable  in  not 
exceeding  fifty  years  from  their  date,  and  shall  bear 
interest,  at  a  rate  not  exceeding  four  per  cent,  per 
annum,  as  the  city  council  may  determine.  The  said 
treasurer  shall  sell  such  bonds  or  certificates  or  any 
part  thereof  from  time  to  time,  and  retain  the  proceeds 
thereof  in  the  treasury  of  said  city,  and  pay  therefrom 
the  expenses  incurred  by  said  board  in  carrying  out  the 
purposes  of  this  act. 
Running  of  cars       SECTION  7.     On  the  Completion  of  said  subway,  said 

in  and  through  tp  .•  ilii  •»  J'^' 

subway.  boai'd  of  coiiimissioners  shall  have  the  right  and  power 

to  compel  the  cars  of  any  lines  of  street  railway  running 
in  or  through  said  city,  to  run  in  or  through  said  subwav 
at  such  rate  of  compensation,  to  be  paid  by  the  railway 
company  or  companies  using  the  same,  to  said   city,  as 
shall   be   determined   by  the  board  of  railroad  commis- 
sioners to  be  just  and  reasonable. 
wfrel"^eti^ir^'       SECTION  8.     The  Said  board  of  subway  commissioners 
subway.  '        shall  have  the  power  and  authority  to  grant  to  any  private 
corporation  the  right  to  place  any  pipes,  wires  or  conduits 
in  said  subway,  upon  such  terms  and  at  such  rates  of  com- 
pensation, to  be  paid  to  said  city,  as  said  board  of  subway 
commissioners  shall  deem  to  be  just  and  reasonable. 
etZ^rlp^nll',         Section  9.     The  said  board  of  subway  commissioners 
«*'0-  shall  care  for  all  the  pipes  and  sewers  along  the  line  of 

said  subway  belonging  to  said  city,  and  shall  resurface 
and  repave  the  streets  over  said  subway,  putting  the 
same  in  as  good  condition  as  before  ;  the  expense  attend- 
ing the  care  of  said  pipes  and  sewers,  resurfacing  and 
repaving  shall  be  paid  out  of  the  proceeds  of  said  loan. 


Acts,  1803.  — Chap.  479.  1423 

Seotiox  10.     Said  commission  shall  report  to  the  city  Report. 
council  for  its  further  disposition. 

Section  11.     This  act  shall  take  effect  upon  its  adop-  To  take  effect 
tiou  by  the  city  council  of  the  city  of  Boston.  upon  a  op  ion. 

Approved  June  10,  1893. 


ChapAlO 


An  Act  relating  to  the  salaries  op  justices  and  clerks  of 
certain  municipal,  district  and  police  courts. 

Be  it  enacted,  etc.,  as  follows: 

The  justices  and  clerks  of  the  followino-  courts  shall  sa'aHes estab- 
receive  annual  salaries,  to  be  allowed  trom  the  nrst  day 
of  July  in  the  year  eighteen  hundred  and  ninety-three, 
as  follows  :  —  The  first  assistant  clerk  of  the  municipal 
court  of  the  city  of  Boston  for  criminal  business,  twenty- 
five  hundred  dollars.  The  clerk  of  the  municipal  court 
of  the  Roxbury  district  of  the  city  of  Boston,  fifteen  hun- 
dred dollars.  The  clerk  of  the  municipal  court  of  the 
Dorchester  district  of  the  city  of  Boston,  one  thousand 
dollars.  The  clerk  of  the  municipal  court  of  the  West 
Roxbury  district  of  the  city  of  Boston,  one  thousand  dol- 
lars. The  justice  of  the  police  court  of  Lawrence,  twenty- 
two  hundred  dollars.  The  clerk  of  the  police  court  of 
Lawrence,  fourteen  hundred  dollars.  The  justice  of  the 
police  court  of  Lowell,  twenty-seven  hundred  dollars. 
The  clerk  of  the  police  court  of  Lowell,  two  thousand 
dollars.  The  clerk  of  the  police  court  of  Lynn,  fourteen 
hundred  dollars.  The  justice  of  the  police  court  of  New^- 
ton,  fourteen  hundred  dollars.  The  clerk  of  the  police 
court  of  Newton,  nine  hundred  dollars.  The  clerk  of  the 
district  court  of  Hampshire,  thirteen  hundred  dollars. 
The  clerk  of  the  district  court  of  western  Hampden,  six 
hundred  dollars.  The  clerk  of  the  district  court  of  east 
Norfolk,  one  thousand  dollars.  The  justice  of  the  first 
district  court  of  northern  Worcester,  fourteen  hundred 
dollars.  The  clerk  of  the  third  district  court  of  Bristol, 
thirteen  hundred  dollars.  The  justice  of  the  first  district 
court  of  eastern  Middlesex,  two  thousand  dollars.  The 
clerk  of  the  first  district  court  of  eastern  Middlesex,  thir- 
teen hundred  dollars.  The  justice  of  the  fourth  district 
court  of  eastern  Middlesex,  fourteen  hundred  dollars. 
The  clerk  of  the  fourth  district  court  of  eastern  Middle- 
sex, nine  hundred  dollars.    The  clerk  of  the  district  court 


1424 


Acts,  1893.  — Chap.  480. 


of  central  Berkshire,  one  thousand  dollars.  The  assistant 
clerk  of  the  central  district  court  of  Worcester,  twelve 
hundred  dollars.  Approved  June  10^  1893. 


Chap 


Appropriations. 


Adjutant 
general. 


District  police. 


Uniformity  of 
Jegislation,  etc. 


Inspection  of 

uninsured 

boilers. 


Metropolitan 
parli  commia- 
siun. 


AQf)  Ax  Act  in  fukther  addition  to  the  several  acts  making 

APPUOPRIATIONS   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  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  such  additional  clerical  assistance  as  the  adjutant 
general  may  find  necessary,  and  for  compensation  of  em- 
ployees at  the  state  arsenal,  a  sum  not  exceeding  five 
hundred  dollars,  as  authorized  by  section  thirteen  of 
chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 
present  year,  being  in  addition  to  the  fifty-five  hundred 
dollars  appropriated  by  chapter  eight  of  the  acts  of  the 
present  year. 

Such  necessary  expenses  as  the  members  of  the  district 
police  may  properly  incur  in  the  discharge  of  their  duties, 
other  than  for  travelling  expenses,  shall  be  paid  upon  the 
approval  of  the  chief  of  the  district  police  from  the  appro- 
priation for  travelling  expenses  actually  paid  by  members 
of  the  district  police,  as  authorized  by  chapter  nine  of  the 
acts  of  the  present  year. 

For  expenses  of  the  commissioners  for  the  promotion 
of  uniformity  of  legislation  in  the  United  States,  the  sum 
of  two  thousand  one  hundred  and  eighteen  doHars  and 
seventy-eight  cents,  as  authorized  by  chapter  three  hun- 
dred and  eleven  of  the  acts  of  the  present  year. 

For  the  salary  of  an  additional  district  police  ofl3cer 
for  temporary  service  in  the  inspection  of  uninsured 
boilers,  a  sum  not  exceeding  eight  hundred  and  seventy- 
five  dollars  ;  and  for  travelling  and  other  necessary  ex- 
penses of  said  officer,  a  sum  not  exceeding  three  hundred 
dollars,  as  authorized  by  chapter  three  hundred  and 
eiffhty-seven  of  the  acts  of  the  present  year. 

For  the  expenses  of  the  metropolitan  j)ark  commission 
for  the  present  year,  as  provided  for  in  section  eleven  of 


Acts,  1893.  — Chap.  480.  1425 

chapter  four  hundred  and  seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety- three,  a  sura  not  exceeding 
ten  thousand  doUars,  out  of  which  may  be  paid  compen- 
sati»)n  of  the  secretary,  oflice  rent  and  travelling  and  other 
necessary  oxj)ense8  of  said  commission. 

To  provide  a  system  of  electric  lighting  for  the  Massa-  Massachusetta 
chusetts  reformatory  at  Concord,  a  sum  not  exceeding  ""eforraatory. 
twelve  thousand  dollars,  as  authorized  by  chapter  ninety - 
three  of  the  resolves  of  the  })resent  year. 

For  repairs  and  improvements  at  the  Lyman  school  for  Lyman  school 
boys,  a   sum  not  exceeding  twenty-three  thousand    and  '""^ '^°^*" 
five  hundred  dollars,  as  authorised  by  chapter  ninety-four 
of  the  resolves  of  the  jtresent  year. 

For  expenses  in  connection  with  the  distribution  of  the  Highway  com- 
report  of  the  commission  to  improve  the  highways  of  the  'i^"*«'o°- 
Commonwealth,  a  sum  not  exceeding  five   hundred  dol- 
lars, as  provided  for  in  chapter  ninety-five  of  the  resolves 
of  the  present  year. 

For  providing  for  heavy  artillery  drill  in  the  armories  neavy  aitiiiery 
of  the  militia,  a  sum  not  exceeding  twenty-five  hundred  ''""• 
dollars,  as  authorized  by  chapter  ninety-seven  of  the  re- 
solves of  the  present  year. 

For  extra  compensation  to  the  doorkeepers,  messengers  Doorkeepers, 
and  pages  of  the  present  general  court,  the  sum  of  forty-  '"e88«^nger8,  etc. 
two   hundred  and  sixty-eight  dollars,  as  authorized    by 
chapter  ninety-nine  of  tlie  resolves  of  the  present  year. 

For  repairs  and  improvements  at  the  state  industrial  state  industrial 

,         ,     ,,  .    ^  X  1  •  school  for  girls. 

school  tor  girls  at  Lancaster,  a  sum  not  exceedmg  ten 
thousand  and  five  hundred  dollars,  as  authorized  by  chap- 
ter one  hundred  of  the  resolves  of  the  present  year. 

For  additional  compensation  for  the  sergeant-at-arms  sergeantat- 
messenger,  detailed  for  duty  with  the  treasurer  and  re-  ggngerretc. 
ceiver  general,  the  sum  of  five  hundred  dollars,  as  author- 
ized by  chapter  four  hundred  and  nine  of  the  acts  of  the 
present  year. 

For  the  purchase  of  histories  of  regiments,  batteries  or  Histories  of 
other  military  organizations  of  Massachusetts  volunteers,  ^jiumeers.^"^ 
who  served  in  the  late  war,  as  provided  for  in  chapter 
four  hundred  and  thirteen  of  the  acts  of  the  present  year, 
a  sum  not  exceeding  three  thousand  dollars. 

For  salaries  and  expenses  in  the  department  of  outdoor  outdoor  poor. 
poor,  a  sum  not  exceeding  five  hundred  dollars,  the  same 
to  be  in  addition  to  any  amounts  heretofore  appropriated. 

For  expenses  of  committees  of  the  present  legislature,  Legislative  com. 


M2G 


Acts,  1893.  — Chap.  480. 


Secretary  of  the 
Commonwealth. 


Treasurer  and 
receiver  general 


New  state 
prison. 


Bureau  of 

statistics  of 
labor. 


Manual  train- 
ing, etc. 


State  prison. 


Sumner  D. 
Seavey. 


Massachusetts 

agricultural 

college. 


District  police, 

inspector's 

department. 


to  include  compensation  and  expenses  of  such  committees 
as  are  authorized  by  the  general  court  to  sit  during  the 
recess,  a  sum  not  exceeding  ten  thousand  dollars,  the 
same  to  be  in  addition  to  any  amounts  heretofore  appro- 
priated, f 

For  incidental  and  contingent  expenses  in  the  depart- 
ment of  the  secretary  of  the  Commonwealth,  a  sum  not 
exceeding  two  hundred  dollars,  the  same  to  be  in  addition 
to  any  amount  heretofore  appropriated. 

For  clerical  assistance  in  the  office  of  the  treasurer  and 
receiver  general,  a  sum  not  exceeding  one  thousand  dol- 
lars, as  authorized  by  chapter  four  hundred  and  thirty-two 
of  the  acts  of  the  present  year. 

For  expenses  in  connection  wnth  the  building  of  a  new 
state  prison,  a  sum  not  exceeding  seventy-live  hundred 
dollars,  as  authorized  by  cha})ter  four  hundred  and  forty- 
one  of  the  acts  of  the  present  year. 

For  the  examination  and  preparation  for  sale  of  cer- 
tain useless  schedules  and  papers  in  the  possession  of  the 
bureau  of  statistics  of  labor,  a  sum  not  exceeding  five 
hundred  dollars,  as  authorized  by  chapter  one  hundred 
and  one  of  the  resolves  of  the  present  year. 

For  printing  the  report  of  the  commission  appointed  to 
investigate  the  existing  systems  of  manual  training  and 
industrial  education,  a  sum  not  exceeding  twenty-seven 
hundred  dollars,  as  authorized  by  chapter  one  hundred 
and  two  of  the  resolves  of  the  present  year. 

For  finishino;  the  extension  of  the  north  wing  of  the 
state  prison,  a  sum  not  exceeding  thirteen  thousand  and 
five  hundred  dollars,  as  authorized  by  chapter  one  hun- 
dred and  four  of  the  resolves  of  the  present  year. 

For  Sumner  D.  Seavey,  the  sum  of  three  thousand  dol- 
lars, as  authorized  by  chapter  one  hundred  and  six  of  the 
resolves  of  the  present  year. 

For  certain  repairs  and  improvements  at  the  Massa- 
chusetts agricultural  college  at  Amherst,  a  sum  not  ex- 
ceeding fifteen  thousand  dollars,  as  authorized  by  chapter 
one  hundred  and  seven  of  the  resolves  of  the  present 
year. 

For  the  codification  of  certain  statutes  which  the  in- 
spection department  of  the  district  police  is  required  to 
enforce,  as  provided  for  in  chapter  one  hundred  and  eight 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars. 


Acts,  1893.  — Chap.  480.  1427 

For  a  suitable  and  appropriate  gift  to  the  battleship  Battieehip 

Ml.,  ,  j'ii  Till  Massachusetts. 

assachusetts,  a  sum  not  exceeding  one  thousand  dollars, 

as  authorized  b}'  chapter  one  hundred  and  nine  of  the  re- 
solves of  the  present  year. 

For  the  widow  of  Robert  I.  Burbank,  the  sura  of  six-  widow  of 
teen    hundred    and    thirty-six   dollars,   as   authorized    by  bank. 
chapter  one  hundred  and  ten  of  the  resolves  of  the  pres- 
ent year. 

For  salaries  at  the  state  prison  at  Boston,  a  sura  not  state  prison. 
exceeding  thirty-five    hundred  dollars,  as  authorized   by 
chapters   four  hundred  and   lifty-five  and    four  hundred 
and  tift3'^-six  of  the  acts  of  the  present  year,  the  same 
to  be  in  addition  to  any  amounts  heretofore  a,ppropriated. 

For  such  expenses  as  raay  be  necessary  to  carry  out  water  supply 

.    .  £.   ..  4.         1    4.-  4.  •  .         for  Boston,  etc. 

the  provisions  ot  the  act  relative  to  procuring  a  water 
supply  for  the  city  of  Boston  and  its  suburbs,  as  pro- 
vided for  in  chapter  four  hundred  and  fifty-nine  of  the 
acts  of  the  present  year,  a  sura  not  exceeding  fifteen 
thousand  dollars. 

For  the  salaries  of  judges  of  probate  and  insolvency  courts  of  pro- 
courts,  a  sum  not  exceeding  four  thousand  dollars;  for  vency."^ '°^°'' 
the  salaries  of  registers  of  probate  and  insolvency  courts, 
a  sum  not  exceeding  five  thousand  dollars,  and  for  the 
salaries  of  assistant  registers  of  probate  and  insolvency 
courts,  a  sum  not  exceeding  one  hundred  dollars,  as  au- 
thorized by  chapter  four  hundred  and  sixty-nine  of  the 
acts  of  the  present  year,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated. 

For  such  expenses  as  raay  be  necessary  to  provide  for  Province  lands. 
the  care  and  supervision  of  the  province  lands  in  the  town 
of  Provincetown,  as  authorized  by  chapter  four  hundred 
and  seventy  of  the  acts  of  the  present  year,  a  sura  not 
exceeding  two  thousand  dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  com-  Registered 
plaints  against  registered  pharmacists,  a  sum  not  exceed-  p^''™''"=i«'«- 
ing  two  thousand  dollars,  as  authorized  by  chapter  four 
hundred    and    seventy-two    of    the    acts    of    the    present 
year. 

For  expenses  in  connection  with  the  improvement  of  ch^rTernve"/ °^ 
the  Charles  river,  a  sum  not  exceeding  five  thousand  dol- 
lars, as  authorized  by  chapter  four  hundred  and  seventy- 
five  of  the  acts  of  the  present  year. 

For  salaries  and  expenses  of  the  commission  to  improve  Highway  com- 
the  highwaj^s  of  the  Commonwealth,  a  sura  not  exceeding  ™'®"°°* 


1428 


Acts,  1893.  — Chap.  481. 


six  thousand  dollars,  as  authorized  by  chapter  four  hun- 
dred and  seventy-six  of  the  acts  of  the  present  year. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  1893. 


CTiapASl 


Metropolitan 
Transit  Com- 
mission,  ap- 
pointment, 
removal,  com- 
pensation, etc. 


organization, 
officers,  ex- 
penses, etc. 


general 
powers  and 
duties. 


An  Act  to  provide  foe  rapid  transit  in  boston  and  vicrNiTY. 

Be  it  enacted,  etc.,  cis  folloivs: 

Section  1.  The  governor,  by  and  with  the  advice  and 
consent  of  the  council,  shall  appoint  three  commissioners 
to  hold  office  for  the  term  of  four  years,  and  to  constitute 
a  board  to  be  known  as  the  Metropolitan  Transit  Commis- 
sion, and  two  of  said  commissioners  shall  be  residents  of 
the  city  of  Boston.  Any  such  commissioner  may  at  any 
time  be  removed  by  the  governor  for  such  cause  as  he 
shall  in  writing  assign,  and  all  vacancies  caused  by  resig- 
nation, death  or  otherwise  shall  be  filled  by  the  governor, 
with  the  advice  and  consent  of  the  council.  Each  of  said 
commissioners  shall,  while  holding  office  under  this  act, 
receive  a  salary  of  six  thousand  dollars  per  annum. 

Section  2.  The  commissioners  appointed  as  aforesaid 
sIimII  as  soon  as  may  be  after  their  appointment  meet  and 
oro;anize,  with  the  choice  of  one  of  their  number  as  chair- 
man,  and  of  a  secretary,  not  one  ot  their  number;  and 
said  commission  may  thereafter  from  time  to  time  appoint 
such  engineers,  clerks,  agents,  officers  and  assistants,  not 
of  their  number,  as  it  may  deem  necessary ;  may  deter- 
mine the  duties  and  compensation  of  said  secretary  and 
other  employees,  and  remove  the  same  at  pleasure.  Said 
commission  shall  be  furnished  by  the  sergeant-at-arms 
with  suitable  room  in  the  state  house,  or  elsewhere,  in 
which  its  plans,  maps  and  documents  and  its  records  shall 
be  kept;  and  all  reasonable  expenses  of  said  commission, 
including  salaries  as  aforesaid,  and  expenses  for  clerical, 
engineering,  legal  and  other  assistance,  shall  be  paid  by 
the  city  of  Boston,  except  rent  for  rooms  in  the  state 
house  and  such  expenses  as  said  commission  shall  incur 
for  the  benefit  of  any  other  city  or  town  ;  and  such  ex- 
penses shall  be  paid  by  the  city  or  town  for  which  the 
same  shall  have  been  incurred. 

Section  3.  Said  commission,  for  the  purpose  of  pro- 
viding safe,  convenient  and  expeditious  transportation 
and  passage  of  persons  to,  in  and  through  the  cities  of 
Boston,  Everett,  Chelsea,  INIalden,  Somerville,  Cambridge, 


Acts,  1893.  — Chap.  481.  1429 

Walthiiin,  Xewton,  Modford  and  (^uincy,  and  the  towns 
of  Winthrop,  Kovcre,  .Melrose,  8toneliain,  AVinchester, 
Arlington,  Belmont,  Watertown,  Brookline,  Dedham, 
Ilvde  Park  and  ^Stilton,  shall  investimite  and  determine 
what  the  necessities,  conveniences  and  interests  of  the 
inhabitants  of  said  cities  and  towns  require  in  the  matter 
of  said  transportation  and  passage,  may  give  public  hear- 
ings, visit  other  cities,  and  take  such  steps  as  it  deems 
advisable  in  the  premises  ;  and  shall  exercise  the  powers 
and  perform  the  duties  hereinafter  specified. 

Sectiox  4.  Said  commission  shall,  immediately  upon  Taking  of  strip 
its  organization,  take  by  purchase  or  otherwise  a  strip  of  "^ '^"<^' ^*'=- 
land  from  Causeway  street  to  Franklin  park,  at  or  near 
Columbia  street,  in  the  city  of  Boston.  Said  strip  of  land 
shall  be  taken  in  and  along  or  across  public  ways,  or 
through  private  property,  and  shall  not  be  less  than 
twenty-five  feet  nor  more  than  eighty  feet  in  width  from 
Causeway  street  to  Court  square,  and  for  the  remainder 
of  the  route  shall  be  not  less  than  twenty-five  nor  more 
than  thirty-five  feet  in  width.  Said  strip  of  land  from 
Court  square  to  a  point  at  or  near  the  junction  of  Shaw- 
mut  avenue  and  Tremont  street  shall  be  taken  between 
Tremont  and  Washington  streets  ;  thence  to  Dudle}'  street, 
at  or  near  Guild  row  in  that  part  of  Boston  called  Rox- 
bury,  shall  be  taken  between  Tremont  street  and  Shawmut 
avenue  ;  thence  to  Columbia  street  shall  be  taken  on  such 
route  between  Warren  street  and  Blue  Hill  avenue  as  said 
commission  shall  determine,  but  not  on  Boston  Common. 
Said  strip  of  land  may  be  used  for  a  highway,  for  sub- 
ways and  for  elevated  railroads,  as  said  commission  shall 
determine. 

Section  5.  Said  commission  shall  also  construct  a  construction  of 
bridge  over  Charles  river  in  place  of  the  present  Charles  chafies^rf/er. 
river  bridge,  having  regard  to  its  probable  use  for  an 
elevated  railroad,  or  may  change  the  location  of  said 
bridge,  or  any  part  thereof,  and  the  approaches  thereto, 
as  it  may  determine ;  may  reconstruct  said  bridge  with  a 
width  not  exceeding  one  hundred  feet,  or  may  construct 
a  new  bridge  not  exceeding  eighty  feet  in  width  with  a 
draw  not  less  than  forty  feet  wide  in  the  opening ;  may 
make  approaches  to  said  bridge  not  exceeding  one  hundred 
feet  in  width  :  and  may  discontinue  the  present  Charles 
river  bridge  and  the  approaches  thereto  ;  and  upon  such 
discontinuance  all  the  right,  title  and  interest  of  the  Com- 


1430 


Acts,  1893.  — Chap.  481. 


Taking  of  real 
estate,  rigbte, 
etc. 


Damages. 


Subway, 
surface  tracks, 
etc. 


Advertisetnent 
for  bids  for 
right  to  con- 
Btruct,  etc., 
elevated  rail- 
road, etc. 


moD wealth  in  and  to  the  present  Charles  river  bridge,  the 
approaches  thereto,  and  the  materials  of  which  it  is  com- 
posed, shall  become  the  property  of  the  city  of  Boston  : 
provided,  however,  that  in  the  exercise  of  the  powers 
granted  by  this  section,  the  said  commission  and  said  city 
of  Boston  shall  be  subject  to  the  provisions  of  chapter 
nineteen  of  the  Public  statutes,  and  of  all  acts  in  addition 
or  amendment  thereto,  except  that  said  city  shall  not  be 
required  to  pay  any  compensation  for  displacement  of 
tide  water. 

Section  6.  Said  commission,  for  the  purposes  of  the 
two  preceding  sections,  and  for  the  purpose  of  a  central 
station  and  for  stations  and  terminals,  may  take  for  the 
city  of  Boston,  by  purchase  or  otherwise,  the  right  to  go 
through  or  under  buildings  or  parts  of  buildings,  and  may 
take  in  fee  for  said  city,  by  purchase  or  otherwise,  any 
real  estate  it  deems  necessary,  whether  the  same  is  in  and 
forming  a  part  of  any  public  way  or  is  private  property. 
The  damages  sustained  by  any  person  whose  property  is 
so  taken  shall  be  paid  by  said  city,  and  if  any  such  per- 
son cannot  agree  with  said  commission  as  to  the  damages 
sustained  by  any  such  taking,  said  damages  may  be  deter- 
mined by  a  jury  in  the  superior  court  for  the  county  of 
Suffolk,  in  the  manner  and  subject  to  the  rules  of  law  pro- 
vided for  determining  the  damages  for  taking  land  in  laying 
out  a  steam  raih'oad,  on  petition  of  said  commission  or  of 
said  person  therefor,  tiled  in  the  clerk's  office  of  said  court 
within  one  year  after  such  taking,  and  judgment  shall  be 
entered  on  said  determination  and  costs  taxed  and  execu- 
tion issued  against  the  city  as  in  civil  cases. 

Section  7.  Said  commission  shall,  as  soon  as  it  has 
laid  out  the  way  aforesaid,  determine  whether  any  subway 
for  street  railway  tracks  and  cars  shall  be  built  therein,  or 
in  any  part  of  Tremont  street  or  Boylston  street,  and 
may,  on  such  terms  and  conditions  as  it  may  determine, 
authorize  the  West  End  Street  Railway  Company  to  make 
any  such  subway,  and  to  lay  its  tracks  and  run  its  cars 
therein,  but  no  surface  street  railway  tracks  shall  be  laid 
along  the  strip  of  land  aforesaid  ;  nor  any  more  surface 
tracks  on  Boylston  street  between  Charles  and  Tremont 
streets  than  are  now  located  and  laid  therein. 

Section  8.  Said  commission  shall  also,  as  soon  as  it 
has  taken  the  strip  of  land  described  in  section  four  of  this 
act,  give  public  notice,  by  advertisement  for  three  weeks 


Acts,  1893.  — Chap.  481.  1431 

successively  in  at  least  two  daily  newspapers  published  in 
said  city,  and  in  such  other  manner,  if  any,  as  said  hoard 
may  deem  necessary,  that  bids  for  the  right  to  construct 
and  operate  an  elevated  railroad  over  said  strip  of  land 
for  a  term  not  exceeding  fifty  years,  as  specified  in  the 
notice,  will  be  received  In'  said  commission  until  a  certain 
day  and  hour  named  in  said  notice,  from  any  person  agree- 
ing that  a  corporation  shall  be  organized,  and  execute  a 
contract  as  hereinafter  provided,  and  from  any  street  rail- 
way corporation  operating  a  street  railway  in  either  of 
the  towns  or  cities  mentioned  in  section  three  of  this  act, 
agreeing  that  it  will  execute  or  construct  as  hereinafter 
provided,  and  that  said  right  will  be  awarded  to  such 
bidder  offering  to  pay  for  said  right  to  the  city  of  Boston 
the  largest  sum  in  gross,  or  the  largest  annual  payment  or 
share  of  its  receipts  during  the  term  aforesaid,  commenc- 
ing with  the  day  of  the  completion  of  said  elevated  road 
over  the  route  aforesaid,  and  agreeing  that  the  corpora- 
tion so  organized,  or  such  railway  corporation,  shall  enter 
into  the  contract  hereinafter  described.  Said  commission  commission 
may,  whether  it  reserves  the  right  so  to  do  or  not,  refuse  ™cclp?bid8*and 
to  accept  an  v  bid,  and  may  a«;ain  advertise  for  bids,  on  the  "^^  construct 

1  -J  '  ./       o    _  _  '^  _       and  city  may 

same  or  other  terms,  and  continue  such  action  until  a  bid  operate  railroad. 
shall  be  accepted  and  the  said  right  awarded  ;  or  if  no  bid 
is  accepted,  said  commission  may,  if  the  city  council  of 
said  city  shall  so  authorize,  construct  said  elevated  rail- 
road, and  said  city  shall  thereafter  operate  the  same. 
Said  contract  to  be  entered  into  as  aforesaid  shall  provide  contract  for 
that  work  on  said  railroad  shall  be  commenced  within  ll^elanon^^etc, 
three  months  after  the  date  of  the  contract ;  that  said  rail-  of  railroad. 
road  shall  be  completed,  equipped  and  in  operation  within 
such  period  as  said  commission  shall  have  specified  in  said 
notice  ;  that  the  period  for  commencing  work  on  said  rail- 
road, and  the  period  for  completing,  equipping  and  com- 
mencing to  operate  said  road  may  be  extended  at  the 
discretion  of  said  commission  ;  that  cars  shall  be  run  and 
accommodations  furnished  thereon  as  shall  be  required  by 
the  board  of  railroad  commissioners  ;  that  not  more  than 
five  cents  shall  be  charged  for  one  continuous  passage 
over  any  part  or  the  whole  of  its  route,  its  extensions  and 
branches  in  the  same  direction,  nor  more  than  eight 
cents  for  such  a  passage,  and  a  transfer  to  and  passage 
over  a  connecting  route  in  the  same  or  branch  direction  ; 
that    said    railroad,   its    branches  and    extensions,  lands, 


1432 


Acts,  1893.  — Chap.  481. 


Cash  deposit  to 
be  made  by 
bidder,  return, 
pledge,  etc. 


structures,  rails  and  other  property  connected  with  the 
realty  and  situated  in  said  cit}^  of  Boston,  shall  become 
the  property  of  the  city  of  Boston  at  the  end  of  said  term  ; 
that  said  corporation  will  comply  with  the  terms  of  this 
act  and  of  said  contract,  and  shall  contain  such  other 
terms  and  conditions  as  said  commission  shall  determine 
and  specify  at  the  time  of  giving  said  notice. 

Section  9.  Any  person  or  corporation  aforesaid  desir- 
ing to  bid  for  the  right  to  construct  and  operate  said 
railroad  must,  before  making  the  bid,  deposit  with  the 
treasurer  of  the  city  of  Boston  the  sum  of  three  hundred 
thousand  dollars  in  cash  or  in  securities  approved  by  said 
treasurer.  The  deposit  made  by  any  person  or  corpora- 
tion, to  whom  the  right  of  constructing  and  operating  said 
railroad  is  not  awarded,  shall  within  three  days  after  such 
award  be  returned  to  the  person  or  corporation  making 
the  deposit.  The  deposit  made  by  the  bidder,  if  any,  to 
whom  the  right  of  constructing  and  operating  said  rail- 
road is  awarded  shall  be  held  by  said  treasurer  as  a  pledge 
for  his  or  its  complying  with  the  terms  of  said  bid,  and 
with  the  terms  of  this  act,  and  of  said  contract.  If  the 
terms  of  said  bid  are  not  complied  with,  or  if  the  contract 
aforesaid  is  not  signed  as  hereinbefore  provided,  or  if  the 
terms  and  conditions  of  said  contract  are  not  complied 
with,  said  deposit  shall  be  forfeited  and  become  the  prop- 
erty of  said  city.  If  the  terms  of  said  bid  are  complied 
with,  and  said  contract  is  signed,  and  the  terms  and  con- 
ditions of  said  contract  are  complied  with,  said  deposit 
shall,  after  the  completion  of  the  construction  and  equip- 
ment of  said  railroad,  be  returned  to  the  person  or  cor- 
poration making  the  deposit,  or  to  his  or  its  assigns. 
UMt'1°/o^rpo-  Section  10.  Said  commission  may  award,  in  accord- 
ration  of  Metro-  g^ce  with  Said  uoticc,  the  right  to  construct  and  operate 
Railroad  Com-  said  clcvatcd  railroad  for  the  period  of  time  and  on  the 
pany,  ec.  tcmis  and  conditions  specified  in  said  contract  and  this 
act,  and  the  person  to  whom  said  right  is  awarded,  if 
other  than  a  street  railway  corporation  aforesaid,  shall 
forthwith  file  with  the  secretary  of  the  Commonwealth 
articles  of  association,  signed  by  at  least  fifteen  persons, 
for  the  purpose  of  forming  a  corporation  under  the  name 
of  the  Metropolitan  Elevated  Railroad  Com|)any,  with  a 
capital  stock  not  exceeding  four  millions  of  dollars ;  said 
articles  shall  be  made  to  conform  to  the  requirements  of 
law  for  articles  for  forming  a  steam  railroad  corporation, 


Acts,  18!)3.  —  Chap.  481.  1433 


and  the  socrotiirv  of  the  Commonwealth  shull  thereupon 
make  a  record  of  the  same  and  issue  a  certificate  of  in- 
corporation substantially  as  provided  in  the  case  of  steam 
railroad  corporations  organized  under  general  law,  and 
on  the  issuing  of  said  certificate,  said  persons,  their  asso- 
ciates and  successors,  shall  l)ecome  a  corporation  under  said 
name.  AVhen  said  elevated  railroad  company  is  organ-  Rights,  powers, 
ized,  it  shall  succeed  to  all  the  rights,  powers,  privileges,  ration ;  forfeit. 
duties  and  liabilities  of  the  person  to  whom  the  right  to  ^^••«;  diseoiution, 
construct  and  operate  said  railway  was  awarded,  and  if  it, 
or  any  street  railway  to  whom  the  right  shall  be  awarded, 
fiiils  to  sign  said  contract,  or  after  signing  said  contract 
fails  to  comply  with  the  terms  of  said  contract  or  of  this 
act,  such  failure  shall  cause  a  forfeiture  to  said  city  of  the 
right  so  awarded,  and  the  deposit  made  as  aforesaid,  and 
said  railroad,  its  branches  and  extensions,  lands,  struct- 
ures, rails  and  other  property  connected  with  the  realty 
acquired  by  said  elevated  railroad  company,  or  by  said 
street  railway  compan}^,  for  the  purpose  of  carrying  out 
said  contract  in  said  city,  shall  become  and  be  the  prop- 
erty of  the  city  of  Boston,  and  the  said  corporation,  if 
organized  as  herein  provided,  shall  be  dissolved  :  provided^ 
that  said  commission  may  grant  an  extension  of  time  for 
commencing  and  for  completing  the  said  road,  as  above 
provided.     Upon  the  forfeiture  of  anv  such  right  awarded,  P'o<=eeding8 

i  ..'-,..  1    •        1  upon  forfeiture 

said  commission  snail  proceed  in  the  manner  provided  for  of  right,  etc. 
making  the  tirst  award  to  make  another  similar  award, 
and  all  the  provisions  of  this  act  relating  to  such  first 
award,  and  the  proceedings  thereunder,  shall  apply  to  the 
making  of  any  second  and  any  subsequent  award  in  case 
of  forfeiture,  and  the  proceedings  thereunder. 

Section    11.      The   corporation    possessing   the    right  I'ocatjon,  con- 
aforesaid   shall,  after  said  commission  has  acquired  the  atiou.X'.,**©/'^' 
strip  of  land  described  in  section  four  of  this  act,  pro-  '"*'''■'"*"*• 
ceed  to  construct,  equip  and  operate  said  elevated  railroad 
over  the  same  in  accordance  with  the  contract  aforesaid 
and  the  approval  of  said  commission,  and  if  said  corpora- 
tion is  a  street  railway  corporation,  it  shall  extend  said 
railroad  along  and  across  and  over  Causeway  street,  and 
any  existing  or  any  new  bridge  to  Charlestown,  so-called, 
and  along  and  across  and  over  such  public  streets  in  said 
Charlestown  as  said  commission  shall  designate,  and  any 
public  way  so  designated  shall  be  Avidened  and  constructed 
by,  and  as  determined  by,  said  commission.    After  the  con- 


14:34: 


Acts,  1893.  — Chap.  481. 


Extensions  and 
branches. 


Proviso. 


Taking  of  land, 
etc.,  by  corpo- 
ration. 


A  description  of 
land,  etc..  taken 
to  be  recorded  in 
registry  of 
deeds,  etc. 


Damages. 


struction  of  said  elevated  railroad  over  the  route  afore- 
said, said  corporation  may,  with  the  approval  of  said 
commission  during  its  term  aforesaid,  and  thereafter, 
with  the  approval  of  the  mayor  and  aldermen  of  the  city 
of  Boston  and  the  mayor  and  aldermen  of  the  city, 
or  the  selectmen  of  the  town,  to  which  such  corporation 
proposes  to  construct  any  extension  or  branch  of  said  ele- 
vated railroad,  construct  any  such  branch  or  extension 
along  or  across  and  over  any  public  way  and  through  any 
private  property  in  the  city  of  Boston  and  in  the  cit}'^  or 
town  to  which  such  extension  is  to  run,  except  in  or  over 
Boston  Common.  The  corporation  operating  said  rail- 
road shall,  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-eight,  construct  such  exten- 
sions and  branches  of  said  elevated  railroad  as  the  board 
of  railroad  commissioners,  after  due  notice  to  all  parties 
interested,  and  a  hearing  in  the  matter,  shall  from  time  to 
time  recommend  :  provided,  that  the  net  income  of  said 
corporation  from  all  sources  shall  not,  by  the  carrying 
out  of  any  such  recommendation,  be  reduced  below  eight 
per  cent.,  as  determined  by  6^aid  board. 

Section  12.  Said  corporation  may,  for  said  elevated 
railroad,  its  branches  and  extensions,  and  for  terminals, 
stations  and  other  railroad  purposes,  take  by  purchase  or 
otherwise  lands  in  fee  or  rights  in  lands,  and  with  the 
approval  of  the  mayor  and  aldermen  of  a  city,  or  the 
selectmen  of  a  town,  in  which  a  public  way  is  situated, 
may  for  the  building  of  its  elevated  railroad  therein  take 
under  the  right  of  eminent  domain,  in  fee,  a  strip  of  land 
in,  and  making  a  part  of,  any  public  way,  but  such  strip 
of  land  shall  be  subject  to  such  uses  as  a  highway,  not 
interfering  with  the  use  for  the  elevated  railroad,  as  said 
mayor  and  aldermen,  or  selectmen,  may  from  time  to  time 
order.  To  make  any  taking  by  right  of  eminent  domain, 
said  corporation  shall  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  and  district  in  which  such  lands 
or  rights  are  situated  a  description  thereof  as  certain  as 
is  required  in  a  common  conveyance  of  land,  with  a  state- 
ment that  the  same  are  taken  by  said  corporation  under 
the  authority  of  this  act,  and  the  lands  and  rights  de- 
scribed in  said  description  shall  upon  such  recording  be 
taken  for  and  the  fee  thereof  shall  vest  in  said  corporation. 
The  damages  sustained  by  any  person  whose  property  is 
so  taken  shall  be  paid  by  said  corporation,  and  if  any 


Acts,  1893.  — Chap.  481.  1435 

such  perjjon  cannot  agree  "svith  said  corporation  as  to  such 
damages,  the  same  ma}-,  on  the  })etition  of  said  person  or 
corporation,  be  determined  by  a  jury  in  the  superior  court 
for  the  county  in  which  such  hind  or  rights  arc  situated, 
in  the  manner  and  subject  to  the  provision  of  this  section 
and  of  section  six  of  this  act,  and  upon  the  filing  of  any 
such  petition,  the  board  of  raih'oad  commissioners  shall, 
if  requested  by  the  person  whose  land  is  taken,  require 
the  corporation  to  give  security  to  the  satisfaction  of  said 
board  for  the  payment  of  all  damages  and  costs  which 
may  be  awarded  by^a  jury  for  the  property  taken  ;  and  if 
upon  petition  of  said  owner  and  notice  to  the  adverse 
party  the  security  appears  to  said  board  to  have  become 
insufficient,  it  shall  require  the  corporation  to  giv^e  further 
security  to  the  satisfaction  of  the  board ;  and  all  the  right 
or  authority  of  said  corporation  to  enter  upon  or  use  the 
land  or  other  propert}',  except  for  making  surveys,  shall 
be  suspended  until  it  gives  the  security  required. 

Section   13.       Said  corporation    may  make  contracts  contracts  for 

.   ,  .  ii        •        1    i  1  supplying  elec- 

with  any  person  or  corporation  authorized  to  produce  or  tricuy. 
manufacture    electricity  for  any  purpose,  for   supplying 
electricity  for  the  motive  power  of  said  elevated  railroad 
and  other  uses,  and  such  person  or  corporation  is  hereby 
authorized  to  enter  into  contracts  for  said  purpose. 

Section  14.  Said  corporation,  for  the  purpose  of  pro-  Mortgagebonds. 
curing  and  constructing  its  elevated  railroad,  branches, 
extensions,  terminals  and  other  structures,  and  for  pro- 
curing rails,  engines,  cars  and  other  equipment  for  its 
railroad,  may  issue,  to  an  amount  not  exceeding  the 
amount  of  its  capital  stock  actually  paid  in,  bonds  pay- 
able in  not  more  than  thirty  years  from  the  date  of  issue, 
and  l)eariug  interest  at  a  rate  not  exceeding  six  per  cent, 
per  annum,  payable  semi-annually.  Said  corporation  may 
secure  said  bonds  by  mortgage  on  its  franchise  and  prop- 
erty, and  may  include  therein  property  to  be  thereafter 
acquired,  and  may  reserve  the  right  to  sell  or  dispose  of 
any  personal  property  covered  by  said  mortgage  which 
may  become  worn  or  otherwise  unfit  for  use,  provided  an 
equivalent  in  value  is  substituted  therefor  ;  but  such  mort- 
gage shall  give  to  the  mortgagee,  in  case  of  a  default 
therein,  only  the  power  to  construct,  maintain,  equip  and 
operate  said  elevated  railroad  according  to  the  terms  of 
the  original  contract,  and  to  keep  and  use  for  said  pur- 
poses all  property  acquired  by  the  mortgagor  and  specified 


1436  Acts,  1893.  — Chap.  481. 

in  the  mortgage,  and  the  right  to  assign  said  power  and 
propert}'  to  others,  but  to  be  exercised  and  used  only  for 
the  purpose  of  constructing,  maintaining,  equipping  and 
operating  said  railroad,  its  branches  and  extensions,  as 
Forfeiture  of  aforcsaid  ;  and  if  such  mortgagee,  or  his  assigns,  does 
right,  etc.  j^^^-  carry  out  the  terms  of  said  contract  and  of  this  act, 

his  and  their  right  to  the  franchise  and  property  shall  be 
forfeited,  and  said  railroad,  its  branches  and  extensions, 
structures,  rails  and  other  property  connected  with  the 
realty  acquired  by  the  mortgagee,  mortgagor  or  his  as- 
signs for  the  purpose  of  carrying  out  said  contract,  shall 
be  forfeited  to  and  become  the  property  of  said  city. 
movii°o7certa'in  SECTION  15.  Said  commission  may  order  the  tempo- 
tracks,  etc.  rary  removal  of  any  surface  tracks  in  the  way  through  or 
over  which  said  elevated  railroad,  its  branches  and  exten- 
sions, are  to  be  built,  or  the  relocation  of  such  tracks, 
also  the  removal  or  relocation  of  any  wires,  poles  or  elec- 
trical apparatus  of  any  street  railway  company,  or  of  any 
other  person  or  corporation,  which  it  deems  to  interfere 
with  the  construction  of  any  of  said  ways,  or  the  construc- 
tion or  operation  of  said  elevated  railroad,  its  branches 
or  extensions,  and  the  person  or  corporation  owning 
said  tracks,  wires  or  other  property  shall  comply  with 
said  orders.  Any  expenses  incurred  in  carrying  out 
said  orders  shall  be  apportioned  by  the  board  of  railroad 
commissioners  between  said  corporation  operating  said 
elevated  railroad  and  the  person  or  corporation  operat- 
ing said  tracks,  or  owning  said  wires  or  other  property. 
Affixing  of  Any  person  or  corporation  using  or  authorized  by  law  to 
vated  structure,  usc  wircs  aloug  the  routc  of  Said  elevated  railroad  may 
affix  them  to  the  elevated  structures  in  such  manner  as 
said  commission  may  approve. 
Certain  pro-  SECTION  16.     Scctious  niucty-one  to  ninety-three,  in- 

visions  of  law  to      ,.  .  tit.  iitt 

apply  to  corpo-  clusivc,  scctious  oue  hundred  and  six  to  one  hundred  and 
raiiroadf^"^^  *°^  twclvc,  iuclusivc,  scctious  ouc  liuudrcd  and  foity-three  to 
one  hundred  and  forty-seven,  inclusive,  sections  one  hun- 
dred and  seventy  to  one  hundred  and  seventy-nine,  in- 
clusive, sections  one  hundred  and  ninety-five  to  one  hun- 
dred and  ninety-seven,  inclusive,  and  sections  two  hundred 
and  one  to  two  hundred  and  eight,  inclusive,  of  chapter 
one  hundred  and  twelve  of  the  Public  Statutes  and  sec- 
tions nine  to  nineteen,  inclusive,  sections  thirty-seven, 
forty-three  and  forty-seven,  sections  fifty-six  to  sixty- 
three,  inclusive,  of  chapter  one  hundred  and  thirteen  of 


Acts,  1893.  — Chap.  481.  1437 

the  Public  Sttitutes,  ainendod  to  conform  to  the  ])rovisions 
of  this  act,  shall  apply  to  the  cori)oration  operating  said 
elevated  railroad,  and  the  shares  of  any  increase  of  its 
capital  stock  made  for  carrying  out  any  of  the  provisions 
of  this  act  shall  be  disposed  of  in  the  manner  provided 
by  law,  for  disposing  of  the  shares  of  the  increase  of 
capital  stock  of  street  railway  companies. 

Section-  17.     Said  commission  shall    also  investigate  other unes  of 
and  determine  the  best  method  of  })roviding  othei  lines  of  roTcfto  be*pro. 
elevated  railroad  between  or  in  the  cities  and  towns  afore-  ^i*^*-^*!  ^°''- 
said,  either  as  branch   lines  of  the  line  hereinbefore  de- 
scribed, or  as  separate  lines,  and  shall  especially  consider 
a  route  to  Cambridge,  a  route  to  Milton,  a  route  to  Mat- 
tapan,  a  route  through  Charlestown  to  Medford,  also  of 
a   branch  line  from  a  point  at  or  near  Alford  street  in 
Charlestown  to  Everett    sciuare  and    Maiden,   also  from 
some  point  at  or  near  Charlestown  square  to  Chelsea,  also 
a  branch  line  from  some  point  at  or  near  the  junction  of 
Shawmut  avenue  and  Tremont  street  to  the  Marine  park, 
South  Boston,  and  shall  determine  the  routes  therefor, 
and  shall  report  thereon  fully  to  the  legislature  meeting 
next  after   said  determination.      Said   commission    shall  ^fngft'^n "con- 
also  investigate  and  determine  whether  the  purpose  of  gested  district 

.1  .  "^i  .1      ,  .11  (••!•.•  r>         J  '^  In  Boston. 

this  act  requires  that  new  methods  or  tacilities  tor  transit 
or  transportation  shall  be  provided  in  the  city  of  Boston 
by  means  of  tunnels,  depressed  ways,  subways,. viaducts, 
arcades,  elevated  sidewalks,  or  the  widening  of  sidewalks 
or  streets  within  the  congested  district,  so-called,  of  said 
city  of  Boston,  or  by  any  other  means,  and  if  said  board 
shall  be  of  the  opinion  that  any  such  new  methods  or 
facilities  are  necessary  or  advisable,  it  shall  make  plans 
and  descriptions  of  the  same,  and  prepare  detailed  and 
careful  estimates  of  the  probable  cost  of  such  new  methods 
and  facilities,  and  shall  thereupon  publish  a  notice  of  such 
plans  and  estimates,  and  give  one  or  more  public  hearings 
thereon,  and  after  such  public  hearing  shall  reexamine 
and  reconsider  their  plans  and  estimates  with  reference  to 
any  objections  or  suggestions  which  may  have  been  made 
thereto,  and  report  thereon  fully  to  the  legislature  meet- 
ino-  next  after  it  has  reexamined  and  reconsidered  said 
plans. 

Sectiox  18.     The  board  of  street  commissioners  of  ftreetfommis-^ 
the  city  of  Boston  shall,  after  the  way  for  an   elevated  Bionersof 


1438 


Acts,  1893.  — Chap.  481. 


Boston  after 
construction  of 
■way,  etc. 


Salaries  estab- 
lished. 


Officer  or  board 
may  enter  upon 
land,  make  sur- 
veys, etc.. 


railroad  from  Causeway  street  to  Franklin  park  shall  have 
been  constructed,  determine  the  cost  of  the  same,  includ- 
ing in  the  cost  of  said  way  the  expenses  as  certified  to 
them  by  the  auditor  of  said  city  of  taking  land,  and  of  all 
other  doings  in  laying  out,  locating  anew,  altering,  widen- 
ing and  constructing  the  way,  together  with  the  expenses 
for  any  sewers  and  connections  laid  therein,  and  the  lay- 
ing thereof,  and  of  all  other  work  and  materials  furnished 
by  or  for  the  city  in  completing  the  way,  except  the  ex- 
penses for  gas  pipes,  water  pipes,  their  connections  and 
the  laying  thereof,  and  of  the  sewers  and  connections 
and  the  laying  thereof  in  excess  of  four  dollars  for  each  and 
every  lineal  foot  of  sewer ;  and  shall  assess  a  proportional 
share  of  said  cost  upon  the  real  estate,  whether  a  part 
thereof  is  taken  for  such  way,  or  whether  situated  on 
said  way,  or  otherwise,  which  said  board  shall  adjudge 
receives  any  benefit  and  advantage  therefrom  beyond  the 
general  advantages  to  all  real  estate  in  said  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 ;  and  except  as  otherwise 
specified  herein,  sections  two,  three,  five,  six  and  eight 
of  chapter  fifty-one  of  the  Public  Statutes  shall  apply  to 
assessments  under  this  act.  The  members  of  said  board 
of  street  commissioners  shall,  until  otherwise  provided  by 
an  ordinance  of  said  city,  receive  a  salary,  the  chairman 
of  five  thousand  dollars,  and  each  of  the  other  members 
of  four  thousand  five  hundred  dollars  a  year,  in  lieu  of 
their  present  salaries. 

Section  19.  Any  officer  or  board  acting  under  author- 
ity of  this  act  in  carrying  out  the  purposes  of  this  act  may 
enter  into  and  upon  any  lands,  and  make  surveys  and  ex- 
aminations, and  place  and  maintain  marks  therein,  and 
may  do  all  other  acts  thereon  incidental  to  such  surveys, 
examinations,  and  placing  and  maintaining  marks  ;  and  if 
any  person  injured  in  his  property  thereby  fails  to  agree 
with  such  officer  or  board  as  to  the  amount  of  his  damages 
sustained  thereby,  said  damages  may  be  determined  by  a 
jury  of  the  superior  court  of  the  county  in  which  such 
lands  are  situated,  in  the  manner  and  subject  to  the  rules 
of  law  provided  for  determining  damages  for  lands  taken 
for  highways  in  such  city  or  town,  on  petition  therefor  by 
said  officers  or  board  or  by  said  person,  filed  in  the  clerk's 


Acts,  1893.  — Chap.  481.  1439 

office  of  said  court  within  one  year  after  the  injury  afore- 
said has  been  sustained. 

Section  20.  The  treasurer  of  the  city  of  Boston  shall  ^l^l^  Traneit 
from  time  to  time,  on  the  request  of  said  commission,  ap- 
proved by  the  mayor  of  said  city,  issue  and  sell  at  public  or 
private  sale,  bonds,  registered  or  with  interest  coupons 
attached,  in  the  name  and  i)ehalf  of  said  city,  to  an  amount 
not  exceedinjx  nine  millions  of  dollars.  Said  bonds  shall 
1)6  desiirnated  on  their  face  as  the  Kapid  Transit  Loan, 
shall  be  for  a  term  not  exceeding  forty  years,  and  at  rates 
of  interest  not  exceeding  four  per  cent,  per  annum,  as 
said  treasurer  shall  determine,  payable  semi-annually  on 
the  first  days  of  April  and  October  in  each  year.  Any 
premium  received  from  the  sale  of  said  bonds  shall  be 
applied  to  the  interest  on  said  loan  as  it  becomes  due. 
The  debt  incurred  under  the  provisions  of  this  section  Not  included  in 
shall  not  be  included  in  determining  the  limit  of  indebt-  '^''''' ^""'*- 
edness  of  said  city. 

Section  21.  The  proceeds  from  the  sale  of  said  bonds.  Expenditures. 
less  the  premiums  aforesaid,  and  all  amounts  received  for 
assessments  under  section  eighteen  of  this  act,  and  such 
other  amounts  as  said  city  shall  from  time  to  time  appro- 
priate for  the  purposes  of  this  act,  shall  be  expended  for 
said  purposes,  and  for  all  engineering,  surveying,  legal 
and  other  assistance  employed  by  said  commission,  board 
or  city  engineer  thereto,  as  approved  by  said  commission, 
and  the  bills  or  drafts  for  said  expenses  shall,  after  being 
approved  by  said  commission  and  audited  by  the  city 
auditor  of  said  city,  be  paid  by  the  treasurer  of  said  city. 

Section  22.  The  West  End  Street  Kailway  Company  Taxes  upon 
and  every  company  operating  an  elevated  railroad  in  the  pluy^op'e^aUng' 
city  of  Boston  shall,  on  or  before  the  first  day  of  June  in 
every  year,  bring  in  to  the  assessors  of  each  city  and  town 
in  which  any  of  its  real  estate,  wires,  poles,  cars,  equip- 
ment, machinery,  rails,  sleepers  or  other  property,  except 
money,  is  situated,  a  statement  of  the  value  of  such  prop- 
erty situated  in  such  cit}'  or  town,  whether  such  property 
is  owned  b}^  it  or  by  a  company  whose  railroad  or  railway 
is  operated  by  it,  and  shall  pay  a  tax  on  all  such  property 
to  the  city  or  town  in  which  such  property  is  situated ; 
and  all  cars,  horses,  engines  and  other  property  used  in 
more  than  one  city  or  town  shall  be  deemed  to  be  situated 
in  the  city  or  town  in  which  such  property  is  generally 
and  mostly  used,  as  determined  by  the  commissioner  of 


elevated  rail- 
road. 


1440 


Acts,  1893.— Chap.  481. 


Franchise  tax. 


Sinking  fund. 


Accounts  and 
report  of  com- 
mission. 


Jurisdiction  of 
courts,  etc. 


of  sinking 


corporations,  on  application  therefor  by  a  city  or  town 
interested,  and  after  notice  and  hearing. 

Section  23.  Every  such  company  shall  also  pay  a 
franchise  tax  upon  its  corporate  franchise,  and  upon  the 
corporate  franchise  of  every  such  company  whose  railroad 
or  railway  is  operated  by  it,  at  a  valuation  thereof  ascer- 
tained and  determined  as  provided  in  section  forty  of 
chapter  thirteen  of  the  Public  Statutes,  deducting  there- 
from an  amount  equal  to  the  value  of  its  property,  subject 
to  the  local  taxation  hereinbefore  provided  for,  and  at  a 
rate  determined  as  provided  in  said  section  forty  ;  and  the 
treasurer  and  receiver  general  shall  pay  over  said  fran- 
chise tax  to  the  city  of  Boston.  The  provisions  of  section 
forty-one  of  chapter  thirteen  of  the  Public  Statutes,  and 
of  any  act  in  amendment  thereto,  shall  apply  to  the  deter- 
mination of  the  value  of  the  aforesaid  real  estate  and  per- 
sonal property  for  the  purpose  of  ascertaining  the  value 
of  the  corporate  franchise*  aforesaid. 

Section  24.  The  board  of  commissioners 
funds  of  the  city  of  Boston  shall  establish  a  sinking  fund, 
and  the  following  moneys  shall  be  paid  into  said  sinking 
fund  :  (1)  All  rentals  or  sums  received  from  the  corpora- 
tion operating  any  elevated  railroad  or  any  street  railway 
in  said  city ;  (2)  all  moneys  or  securities  deposited  with 
the  treasurer  of  said  city  under  the  provisions  of  this  act, 
and  forfeited  to  said  city;  (3)  the  taxes  specified  in  this 
act  upon  the  corporate  franchises  and  upon  the  property 
of  elevated  railroad  corporations  operating  an  elevated 
railroad  in  the  city  of  Boston  and  of  street  railway 
corporations  operating  a  street  railway  in  the  city  of 
Boston. 

Section  25.  Said  commission  shall  at  all  times  keep 
accurate  accounts  of  all  expenditures  made  under  this  act, 
and  shall  make  an  annual  report  of  its  doings,  containing 
an  abstract  of  said  accounts,  to  the  general  court  and  to 
the  city  of  Boston.  Said  report  shall  be  filed  with  the 
secretary  of  the  Commonwealth  and  the  city  clerk  on  or 
before  the  first  day  of  January,  annually. 

Section  26.  The  supreme  judicial  court  and  any 
justice  thereof,  and  the  superior  court  and  an}'^  justice 
thereof,  shall  have  jurisdiction  in  equit}^  to  compel  com- 
pliance with  the  provisions  of  this  act,  and  to  enforce  the 
orders  of  any  officer  made  under  the  authority  of  this  act, 
and  to  prevent  violations  of  au}^  of  the  provisions  hereof. 


Acts,  1893.  — Chap.  481.  1441 

Section  27.     This  act  shall  not  be  o])erative  until  it  subject  to  ap. 

11  Ti  ••  i'jij  /••!    proval  by  a 

has   been  approved   by  a  majority  or  the  voters  ot  said  majority  vote. 
city,  voting  at  a  state  or  municipal  election  or  at  a  special 
election  called,  on  at  least  fourteen  days'  notice,  by  the 
mayor  of  said  city  and  to  be  held  during  the  month  of 
October  in  the  year  eighteen  hundred  and  ninety-three. 
Section  28.    This  act  shall  take  eflect  upon  its  passage. 

Approved  June  10,  1893. 


1^2 


Kesolves,  1893.  —  Chaps.  1,  2,  3. 


RESOLVES. 


GllCiTt         1   I^ESOLVE    CONCEEKIXG    THE    FUNERAL    OF    THE    LATE    BEXJAMIN  F. 
BUTLER,   EX-GOVERXOR   OF  THE   COMMOXAVEALTH. 


Funeral  of 
Benjamin  F. 
Butler. 


Resolved,  That  a  joint  special  committee  to  consist  of 
the  president  and  seven  members  of  the  senate  and  the 
speaker  and  nineteen  members  of  the  house  of  represent- 
atives, and  the  representatives  from  the  city  of  Lowell, 
be  appointed  to  attend  the  funeral  of  ex-governor  Ben- 
jamin F.  Butler ;  that  his  excellency  the  governor  be 
requested  to  order  a  suitable  military  escort  for  the 
funeral ;  and  that  for  the  purposes  of  said  military  escort 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Com- 
monwealth a  sum  not  exceeding  four  thousand  dollars. 


Chap.    3 


Treasure*  may 
borrow  money 
in  anticipation 
of  revenue. 


Approved  January  13,  1S93. 


Chap.     2 


Bulletin  of  com- 
mittee hearings. 


Resolve  authorizixg  the  publication  of  a  bulletix  of  com- 
mittee HEARINGS. 

Resolved,  That  the  committee  on  rules  be  authorized  to 
publish,  twice  a  week  or  oftener,  a  bulletin  of  the  matters 
assio^ned  for  hearinof  before  committees,  and  be  authorized 
to  employ  clerical  assistance  at  an  expense  not  to  exceed 
five  hundred  dollars  for  preparing  the  same,  and  to  have 
it  printed  by  the  state  printers. 

Approved  January  16,  1893. 

Resolve  authorizing  the   treasurer  to  borrow   money  in 
anticipation  of  revenue. 

Resolved,  That  the  treasurer  and  receiver  general  be 
and  he  is  hereby  authorized  to  borrow,  in  anticipation  of. 
the  receipts  of  the  present  year,  such  sums  of  mone}^  as 
may  from  time  to  time  he  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Approved  February  8,  1893. 


Resolves,  1893.  — Chaps.  4,  5,  6,  7.  1443 


ReSOLA'E   IX   FAVOR   OF   TIIK    WIDOW    OF    IIF.NKY   1!.    W(»OI).  QllilT).        4 

J?eso]ve(h  That  there  be  aUowed  and  paid  out  of  the  wkiow  of 
treasury  ot"  the  Commonwealth  to  the  widow  of  Henry  B.  ^"'^ 
Wood  for  thirty-four  years  a  clerk  in  the  office  of  the 
secretary  of  the  Commonwealth,  the  sum  of  eleven  hun- 
dred and  twenty-two  dollars  and  fifty-eiffht  cents,  being 
the  amount .  of  salary  which  the  said  Henry  B.  Wood 
would  have  been  entitled  to  receive  had  he  lived  and  per- 
formed service  as  such  clerk  until  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-three. 

Approved  February  10,  1893. 

Resolve  ix  favor  of  anxie  fitzgerald  of  north  adams.      ChaT)       5 
Resolved,  That  there  be  allowed  and  paid  out  of  the  Annie  fuz- 
treasury  of  the   Commonwealth,  from    the    first    day   of  ^^^^^  ' 
January  in  the  year  eighteen  hundred  and  ninety-three,  to 
Annie  Fitzgerald  of  North  Adams,  an  annuity  of  one  hun- 
dred dollars  for  the  term  of  five  years,  in  equal  quarterly 
payments,  to  be  used  by  her  in  supporting  James  Hag- 
gerty,  the  minor  son  of  the  late  Patrick  Haggerty  who 
was  killed  in  the  Hoosac  Tunnel  on  the  eleventh  day  of 
January  in  the    year  eighteen   hundred   and   eighty-five, 
while  in  the  employ  of  the  Commonwealth.     If  the  said 
James  Haggerty  should  die  before  the  expiration  of  the 
time  provided  in  this  resolve  said  annuity  shall  cease. 

Approved  February  16,  1893. 

Resolve   providing   for    the   printing   of   fifteen   hundred  (JJidy),      6 

EXTRA   copies   OF   THE    FIRST   REPORT   OF   THE    COMMISSIONER   OF 
PUBLIC   RECORDS. 

Resolved,  That  fifteen  hundred  extra  copies  of  the  first  ^fP,°oner  of"' 
report  of  the  commissioner  of  public  records  be  printed,  public  records. 
fifty  copies  to  be  in  cloth,  to  be  distributed  under  the 
direction  of  said  commissioner. 

Approved  February  16,  1893. 

Resolve  providing  for  printing  extra  copies  of  the  report  (JJidj),      7 
OF   the   comjhssioners   on    the   topographical  survey   of 

MASSACHUSETTS. 

Resolved,  That  there  be  printed  five  hundred  additional  Report  of  com- 

'  PI  •       •  iniBsioners  on 

copies  ot  the  report  of  the  commissioners  on  the  topo-  topographical 
graphical  survey  of  Massachusetts,  for  the  use  of  said  chuseUB. 
commissioners.  Approved  February  16,  1893. 


UU  Kesolves,  1893.  — Chaps.  8,  9,  10,  11. 


Chav.      8  Resolve  in  fayok  of  the  trustees  of  the  soldiers"  home  in 

MASSACHUSETTS. 

Trustees  of  Resolvecl,  That  there  be  allowed  aDd  paid  out  of  the 

inMaesa-  treasuiy  of  the    Commonwealth    to    the  trustees  of  the 

chusettB.  soldiers'  home  in  Massachusetts,  the  sum  of  thirty  thou- 

sand dollars,  the  same  to  be  used  towards  the  maintenance 
of  a  home  for  deserving  soldiers  and  sailors. 

Approved  February  21,  1893. 

ChciJ)'      9  Resolve  in  favor  of  the  widoav  of  the  late  avilliam  s. 

STODDARD, 

^!^?^«J  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Stoddard."  treasury  of  the  Commonwealth  to  the  widow  of  the  late 
William  S.  Stoddard  who  for  more  than  fifty  years  was 
in  the  employ  of  the  Commonw^ealth,  and  who  died  on 
the  seventeenth  day  of  August  in  the  year  eighteen  hun- 
dred and  ninety-two,  the  sum  of  four  hundred  and  eight 
dollars  and  six  cents,  being  the  amount  of  salary  he 
would  have  been  entitled  to  receive  had  he  lived  to  per- 
form such  service  until  the  thirty-first  day  of  December 
in  the  3'ear  eighteen  hundred  and  ninety-two. 

Approved  February  21,  1893. 


CTlClV,   10  Resolve  in  favor  of  chakles  a.  ruggles. 

Charles  A.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

ugges.  treasury  of  the  Commonwealth  to  Charles  A.  Ruggles  of 

Boston,  administrator  of  the  estate  of  Etta  J.  Ruggles, 
the  sum  of  two  hundred  and  fifty  dollars,  in  full  payment 
for  all  expenses  incurred  on  account  of  the  last  sickness 
and  burial  of  said  Etta  J.  Ruggles,  an  emploj^ee  of  the 
Commonwealth ;  such  sickness  having  been  contracted 
while  in  the  service  of  the  Commonwealth,  in  November 
in  the  year  eighteen  hundred  and  ninety-two. 

Approved  February  21,  1893. 

ChcLV.   11  Resolve  in  relation  to  the  topographical  survey  and  map 

OF   MASSACHUSETTS. 


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

of  MMsa"   """^  treasury  of  the  Commonwealth  a  sum  not  exceeding  four- 

chusetts.  iQQxi  thousand  dollars,  to  be  expended  for  the  following 

purposes,  to  wit:    For  continuing  the  determination  by 

triangulation    of  the    boundary    lines    of  the    cities    and 

towns  of  this  Commonwealth,  and  marking  said  boundary 


Resolves,  1893.  —  Ch.^j>s.  12,  13.  1445 

liucs,  a  Sinn  not  exceeding  ninety-tive  hnndred  dollars  ; 
for  snpplenionting  and  correcting  topographical  maps 
and  lovolling,  a  sum  not  exceeding  two  thousand  dollars  ; 
for  selling  and  distributing  topographical  maps,  a  sum 
not  exceeding  tifteen  hundred  dollars,  and  for  the  pur- 
chase of  three  tield  instruments,  a  sura  not  exceeding 
one  thousand  dollars.  Approved  February  21,  1893. 

Resolve  for  completing  the  preparation  and  publication  n]^f,^^    lo 

OF   THE   PROVINCE   L.VAVS.  "' 

Resolved,,  That  the  governor  with  the  consent  of  the  Province  laws. 
council  is  authorized  to  appoint,  for  a  term  not  exceeding 
three  years  from  the  tirst  day  of  February  in  the  present 
year,  three  suitable  persons,  learned  in  the  law  and  his- 
tory of  Massachusetts,  to  complete  the  preparation  and 
publication  of  the  acts  and  resolves  of  the  Province  of  the 
Massachusetts  Bay,  of  whom  one  shall  edit  said  work  and 
receive  therefor,  for  a  period  not  exceeding  said  term,  a 
salary  of  two  thousand  dollars  a  year,  and  the  other  two 
shall  serve  without  compensation  except  such  reimburse- 
ment or  allowance  for  travelling  and  other  expenses  as 
the  governor  and  council  shall  approve.  Said  commis- 
sioners shall  be  provided  with  an  office  in  some  suitable 
place  in  the  city  of  Boston,  and  shall  make  a  report  in 
writing  of  their  doings  to  the  general  court  in  January 
of  each  year.  Approved  February  23,  1893. 

Resolve  in  favor  of  margaret  murphy.  Ohnii     IS 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Margaret 
treasury  of  the  Commonwealth  to  Margaret  Murphy  of  ^"""P^y- 
Boston,  widow  of  Timothy  Murphy,  the  sum  of  thirt}'- 
seven  dollars  and  sixty-three  cents,  and  that  from  and 
after  the  first  day  of  January  in  the  year  eighteen  hundred 
and  ninety-three,  there  be  allowed  and  paid  to  said  Mar- 
garet ]Murphy  an  annuity  of  two  hundred  dollars  during 
her  natural  life,  in  equal  quarterly  payments  ;  the  same 
being  the  renewal  of  an  annuity  granted  by  the  general 
court  in  the  year  eighteen  hundred  and  eighty-eight  to 
Timothy  Murphy,  who  w^iile  in  the  employ  of  the  Com- 
monwealth was  badly  injured  by  an  explosion  at  the 
Hoosac  tunnel,  and  who  died  on  the  twenty-third  day  of 
October  in  the  year  eighteen  hundred  and  ninety-two. 
This  annuity  shall  cease  in  case  the  said  Margaret  Murphy 
should  remarry.  Approved  February  25,  1893. 


1M6  Eesolyes,  1893.  — Chaps.  14,  15,  16,  17. 

CJJiap.   14  Resolve  to   confihm   the   acts    of   charles  f.  paixe   as   a 

JUSTICE    OF    THE    PEACE. 

Pafneju^s'tice  of      Resolved,   That  all  acts  done  by  Charles  F.  Paine  as 
the  peace,  acts     iustice  of  the  peace,  between  the  eig^hth  day  of  March  in 

confirmed.  •'  -iiii  i-i-  -,     ^ 

the  year  eighteen  hundred  and  eighty-nnie  and  the  twenty- 
ninth  day  of  October  in  the  3'ear  eighteen  hundred  and 
ninety,  inclusive,  are  hereby  confirmed  and  made  valid  to 
the  same  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  ofiice. 

Approved  February  25^  1893. 

Chap.   15  Resolve  providing  for  printing  the  special  report  of  the 

STATE    BOARD    OF    AGRICULTURE   ON   THE   WORK   OF  THE   EXTER- 
MINATION  OF   THE   OCNERIA   DISPAR   OR   GYPSY   MOTH. 

t^Xination^of        Resolved,  That  there  be  printed  for  public  distribution 
gypsy  moth.       gyc  thousand   copics   of  the   special   report  of  the   state 

board  of  agriculture  on  the  work  of  extermination  of  the 

ocneria  dispar  or  gypsy  moth. 

Approved  February  25,  1893. 

Chcij).  16  Resolve  extending  the  time  avithin  which  the  commission- 
ers APPOINTED  TO  CONSOLIDATE  AND  ARRANGE  THE  LAWS 
RELATING  TO  ELECTIONS  MAY  REPORT  TO  THE  GENERAL  COURT, 
AND   EXTENDING  THE   TERMS   OF  OFFICE  OF  SAID   COMMISSIONERS. 

fo^'^nioMat^^       R^^olved,  That  the  time  within  which  the  commissioners 
and  arrange       appointed  undcr  chapter  ninety-four  of  the  resolves  of  the 

election  laws.  ^^  i  ^       -  "   .       ,  -j-         r 

year  eighteen  hundred  and  ninety-two,  providing  tor  con- 
solidating and  arranging  the  laws  relating  to  elections, 
may  report  to  the  general  court,  be  extended  to  the 
second  Wednesday  in  March  ;  and  that  the  terms  of  office 
of  said  commissioners  be  extended  until  that  date. 

Approved  February  25,  1893. 

Chai)    17  Resolve  in  favor  of  lemuel  burr. 

Lemuel  Burr.  Resolved,  That  there  be  allowed  and  paid  out  of  the- 
treasury  of  the  Commonwealth  to  Lemuel  Burr  of  Cam- 
bridge, the  sum  of  one  hundred  and  fifty  dollars,  in  con- 
sideration of  his  care  of  and  attention  to  his  late  mother 
and  aunt,  who  were  members  of  the  Ponkapoag  tribe  of 
Indians  and  were  formerly  beneficiaries  of  the  Common- 
wealth. Approved  February  25,  1893. 


Eesolves,  1893.  —  Chaps.  18,  19,  20.  1447 


Uesolvf.  ri;ovii>iN(;   von    rKiMiNc;   tiik    itKroux  oi'  thk  metro-  (JJkij)^    Ig 

roLITAX    I'AUK   COMMISSION". 

Resolved,  Tliut  there  be  electrotyped,  printed  and  jfX'poman 
bound,  four  thousand  copies  of  the  report  of  the  metro-  p^irk commiB- 
politan  park  commission,  to  be  distributed  as  follows  :  To 
each  member  of  the  executive  and  legishitive  departments, 
the  clerks  and  assistant  clerks  of  the  two  branches  of  the 
general  court,  and  each  reporter  assigned  a  seat  in  either 
branch,  three  copies;  to  the  state  librarj',  twenty-five 
copies  ;  to  the  ^Massachusetts  historical  society  and  the 
New  England  historic  genealogical  society,  five  copies 
each  ;  to  each  free  public  library  in  the  Commonwealth, 
which  is  open  to  the  use  of  the  city  or  town  where  it  is 
situated,  one  copy  ;  all  of  which  shall  be  distributed  under 
the  direction  of  the  secretary  of  the  Commonwealth  ;  the 
balance  shall  be  placed  at  the  disposal  of  the  said  metro- 
politan park  commission.  The  aforesaid  report  shall  be 
bound  in  cloth.  Approved  March  7,  1893. 

Resolve  to  provide  .for  completing  certain  changes  in  the  (JJidj)^   29 

NORMAL  ART  SCHOOL   BUILDING.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Normal  art 
treasury  of  the  Commonwealth  a  sum  not  exceeding  twelve  ^'^  °°    "'  "'^' 
hundred  dollars,  for  the  purpose  of  completing  the  changes 
in  the  normal  art  school  building  needed  to  provide  addi- 
tional light  for  studio  work  ;  the  amount  to  be  expended 
under  the  direction  of  the  state  board  of  education. 

Approved  March  7,  1893. 

Resolve  in  favor  of  james  f.  conway.  Chan    20 

Resolved,  That  there  be  allowed  and  paid  out  of  the  James  f. 
treasury  of  the  Commonwealth  to  James  F.  Conway  of  °^^^^' 
Boston  the  sum  of  one  hundred  and  eight  dollars,  in  full 
compensation  for  the  loss  of  services  of  a  horse  which  was 
used  by  the  Roxbury  horse  guards  on  the  sixth  day  of  Octo- 
ber in  the  year  eighteen  hundred  and  ninety-two,  in  the 
performance  of  military  duty  under  the  direction  of  the 
commander  in  chief,  and  was  then  injured  by  being  kicked, 
so  that  said  Conway  lost  the  services  of  said  horse  until 
the  eighteenth  day  of  November  following. 

A2>2)roved  March  7,  1893. 


1448  Eesoltes,  1893.  — Chaps.  21,  22,  23,  24. 


ChctV.   21  Resolve  in  favor  of  cavanaugh  brothers. 

Brofher^s!'^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasuiy  of  the  Commonwealth  to  Cavanaugh  Brothers  of 
Boston  the  sum  of  seventy-five  dollars,  in  full  compen- 
sation for  a  horse  which  died  on  the  thirteenth  of  July 
in  the  year  eighteen  hundred  and  ninety-two,  said  horse 
at  the  time  of  his  death  being  used  by  battery  A,  light 
artillery,  Massachusetts  volunteer  militia,  at  the  annual 
encampment  of  that  year.  Approved  March  7,  1893. 

ChCLT).     '2i1  ^^^SOLVE    PROVIDING    FOR    THE    PAYMENT    OF    CURRENT    EXPENSES 
AT  THE   WESTBOROUGH  INSANE   HOSPITAL. 

i^sanehoTpfui.  Rssolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  seven 
thousand  dollars,  for  the  purpose  of  meeting  current 
expenses  at  the  Westborough  insane  hospital  at  West- 
borough  during  the  year  eighteen  hundred  and  ninety- 
three  ;  the  same  to  be  expended  under  the  direction  of 
the  trustees  of  said  hospital.        Approved  March  7,  1893. 

(JJldj),   23  Resolve  relative  to  procedure  in  the  courts  of  probate 

AND   INSOLVENCY. 

Procedure  in  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

courts  of  pro-  '    '  i  . 

bate  and  insoi-    trcasuiy  of  the  Commouwealtli  a  sum  not  exceeding  one 
vency.  thousaud  dollars,  for  the  purpose  of  providing  for  the  ex- 

penses of  the  making  of  new  forms  and  rules  regulating 
the  practice  and  for  conducting  the  business  in  the  courts 
of  probate  and  insolvency,  to  be  expended  under  the 
direction  of  such  committee  as  the  judges  of  probate  and 
insolvency  may  appoint  for  making  said  forms  and  rules. 

Ax)proved  March  9,  1893. 

ChciT)'  24  Resolve  providing  for  printing  additional  copies  of  the 
first  and  fourth  annual  reports  of  the  state  board  of 
arbitration  and  conciliation. 

wd'ofarbufa!      Resolved,  That  two  hundred  and  fifty  copies  of  the  first 
tionandcon-      auuual  report,  and  a  like  number  of  the  fourth  annual  re- 

cillation.  "^ 

port,  of  the  state  board  of  arbitration  and  conciliation  be 
printed,  to  1)e  distributed  under  the  direction  of  said 
board.  Approved  March  9,  1893. 


Kesolves,  1893.  —  Chaps.  25,  26,  27,  28.  1449 

RKSOT.VF.     IM.'OVIDlNi;     I'OK     TIIK     ri!INTIN(i    AX1>    DISTIv'Il'.l  TIOX    Ol"   A    Qjf(^ij)       25 
SYXOrTICAl.    AND   ANALYTICAL   INUKX   TO   THE   ANNUAL  VOLUMES 
OF   TIM-:   AtilMCULTUHF,   OF   MASSACHUSETTS. 

Resolved,  That  the  secretary  of  the  board  of  agriculture  index  to  anouai 
cause  to  be  electrotyped,  printed  and  l)ound  for  distribu-  agricuiui'Je  of 
tion,  Hve  thousand  copies  of  a  synoptical  and  analytical  M^^assachusetu. 
index  to  the  rifty-two  annual  volumes  of  the  agriculture 
of  Massachusetts.  Ax)proved  March  9,  1893. 

Resolve  in  favok  of  baunauas  e.  isall.  Ohnn    26 

Resolved,  That  Barnabas  E.  Ball  of  Boston,  a  musician  Barnabas e. 
in  the  band  of  the  third  brigade,  second  division,  second 
corps  of  the  union  army  during  the  war  of  the  rebellion, 
who  at  the  time  of  enlistment  therein  was  a  citizen  and 
resident  of  ^Massachusetts,  shall,  from  and  after  the  pas- 
sage of  this  resolve,  be  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapters  three 
hundred  and  one  and  two  hundred  and  seventy-nine  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-nine,  in 
the  same  manner  and  to  the  same  extent  he  would  have 
been  entitled  had  he  served  to  the  credit  of  this  Common- 
wealth. Approved  March  9,  1893. 

Resolve  providing  fok  pkixting  one  thousand  copies  of  the  (JJid'n,   27 

liEPORT  OF  THE  COMMISSIONERS  APPOINTED  TO  INQUIRE  INTO 
THE  EXPEDIENCY  OF  REVISING  AND  AMENDING  THE  LAWS  RELAT- 
ING TO  TAXATION  AND  EXEMPTION  THEREFROM,  MADE  TO  THE 
GENERAL  COURT  IN  THE  YEAR  EIGHTEEN  HUNDRED  AND  SEVENTY- 
FIVE. 


Resolved,  That  one  thousand  copies  of  house  document  Report  of  com- 
numl)er  fifteen  of  the  year  eighteen  hundred  and  seventy-  revising  and 
five,  being  the  report  of  the  commissioners  appointed  to  iTws".'^"^^ '''^ 
inquire  into  the  expediency  of  revising  and  amending  the 
laws  relating  to  taxation   and   exemption   therefrom,  be 
reprinted  ;  the  same  to  be  distributed  under  the  direction 
of  the  tax  commissioner.  Ajyproved  March  10,  1893. 

Resolve  in  favor  of  the  estate  of  asa  smith.  Chart     28 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Estate  of  Asa 
treasury  of  the  Commonwealth  to  the  executor  or  admin-  ^'"*"^- 
istrator  of  the  estate  of  the  late  Asa  Smith,  a  member  of 


1450  Kesolves,  1893.  — Chaps.  29,  30,  31. 

the  house  of  representatives  from  the  first  Dukes  district, 
the  sum  of  seven  hundred  and  seventy  dolhirs,  being  the 
compensation  and  mileage  the  said  Smith  would  have  been 
entitled  to  receive  had  he  lived  to  the  end  of  the  present 
session.  Apjjroved  March  10,  1893. 

CllCLT).   29       Resolve  in  favor  of  the  widow  of  henky  j.  jeknings. 

HJnrT/jen-         Resolved,  That  there  be  allowed  and  paid  out  of  the 
nings.  treasury  of  the  Commonwealth  to  the  widow  of  the  late 

Henry  J.  Jennings,  a  member  of  the  house  of  represent- 
atives from  the  twenty-first  Worcester  district,  the  sum 
of  seven  hundred  and  fifty-nine  dollars,  being  the  com- 
pensation and  mileage  the  said  Jennings  would  have  been 
entitled  to  receive  had  he  lived  to  the  end  of  the  present 
session.  Approved  March  10,  1893. 

CllCtV'  30  Resolve  relating  to  the  records,  files,  papers  and  docu- 
ments IN  THE  DEPARTMENT  OF  THE  SECRETARY  OF  THE  COM- 
MONWEALTH. 

S'oSof '■'         Resolved,  That  there  be  allowed  and  paid  out  of  the 
secretary.  treasury    of   the    Commonwealth    a    sum    not    exceeding 

twenty-five  hundred  dollars,  for  the  arrangement  for  pres- 
ervation of  state  records  and  papers  and  for  a  careful 
and  comprehensive  index  of  the  same,  to  be  expended 
under  the  direction  of  the  secretary  of  the  Commonwealth, 
the  said  sum  to  be  in  addition  to  the  amount  authorized 
by  chapter  eight  of  the  acts  of  the  present  year. 

Approved  March  17,  1893. 

CJiaV-   31  Resolve  providing  for  indexes  to  the  registratiok  returns. 

Kion*retufns.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  secretary  of  the  Commonwealth  in  preparing  a  com- 
plete alphabetical  index  of  the  returns  of  births,  marriages 
and  deaths  for  the  period  between  the  years  eighteen 
hundred  and  forty-one  and  eighteen  hundred  and  eighty. 
Said  index  being  estimated  to  require  three  years  for  its 
completion,  and  the  amount  authorized  in  this  resolve 
being  for  expenses  of  the  present  year. 

Apirroved  March  17,  1893. 


Resolves,  1893.  —  Chaps.  32,  33,  34,  35.  1451 


Resolve  rHoviniNv;  i-oi;  an  indkx  to  tiik  t  r.KTii-ieATF.s  of  cou-  (7^079.   32 

rOUATIONS    Fll.Kl)     IN    Till:    Ol  IK  T,    Ol"    TllK    SKCKKTA  UY    OF    THE 
COMMOXWEA  LTII. 

Resolved,  That  there  be  allowed  and  i)ind  out  of  the  index  to  certifi- 
,.     .       ^  II  i  T       cates  of  corpora- 

treasury    ot    the    Commonwealth    a    sum    not    exceeding  tionB. 

twelve  hundred  dollars,  for  the  purpose  of  making  an 
index  of  certiticates  of  corporations  tiled  under  general 
laws  from  the  year  eighteen  hundred  and  tifty-one  up  to 
the  present  time,  in  the  office  of  the  secretary  of  the  Com- 
monwealth. Approved  March  17^  1893. 

Resolve   proviuixg   kok  the   ruKCUASE  of   certain   revolu-  (JJkxj)^   33 

TIONARY   ROLLS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Purchase  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two  roiie. 
hundred  dollars,  to  enable  the  secretary  of  the  Common- 
wealth to  purchase  from  Samuel  A.  Drake  some  live 
hundred  muster  rolls  and  other  papers  containing  evi- 
dences of  record  of  Massachusetts  soldiers  in  the  revolu- 
tion. Approved  March  17,  1893. 

Resolve  providing  for  a  new  hospital  and  for  reimburse-  fjhn'r)    34 
ment  for  expenditures  for  furniture  and  machinery  at 
the  massachusetts  school  for  the  feeble-minded. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  Commonwealth  a  sum  not  exceeding  eight  feebleminded. 
thousand  dollars,  to  be  expended  at  the  iNIassachusetts 
school  for  the  feeble-minded  under  the  direction  of  the 
trustees  thereof,  for  the  purpose  of  erecting  a  building  to 
be  used  as  a  hospital  for  the  especial  care  of  contagious 
diseases  ;  and  a  further  sum  not  exceeding  twelve  thou- 
sand live  hundred  dollars  to  reimburse  the  trustees  of  said 
institution  for  expenditures  made  by  them  in  the  purchase 
of  machinery  and  furniture  in  excess  of  appropriations 
therefor,  the  liills  for  such  expenditure  to  be  filed  with 
the  auditor  of  the  Commonwealth. 

Approved  March  17,  1893. 


Resolve  to  confirm  the  acts  of  i.  austin  bassett  as  a  jus- 
tice OF  THE  PEACE. 


Chap.  35 


Resolved,  That  all  the  acts  done  by  I.  Austin  Bassett  i- Austin 


Bassett,  justice 


of  Boston  as  a  justice  of  the  peace,  between  the  second  of  the  peace 
day  of  April  in  the  year  eighteen  hundred  and  ninety-one 


1452  Resolves,  1893.  —  Chaps.  36,  37,  38. 

and  the  twenty-seventh  day  of  January  in  the  year  eight- 
een hundred  and  ninety-three,  are  hereby  confirmed  and 
made  valid  to  the  same  extent  as  though  he  had  been  dur- 
ing that  time  qualified  to  discharge  the  duties  of  said 
office.  Aioproved  March  25,  1893. 

ChciV.   36  Resolve  ix  favok  of  certain  inhabitants  of  the  tovts  of 

GOSNOLD. 

Certain  inhabi-       Resolved,  That  there  be  allowed  and  paid  out  of  the 

tantsofthetown  /^  li' 

ofGosnoid.  treasury  of  the  Commonwealth  the  sum  of  three  thousand 
five  hundred  dollars,  in  recognition  of  the  brave  services 
of  the  citizens  of  this  Commonwealth  who  risked  their 
lives  and  who  perished  while  attempting  to  rescue  the 
crew  of  the  brig  Aquatic,  which  was  wrecked  on  the 
island  of  Cutty  hunk  in  the  town  ofGosnoid  on  the  night 
of  the  twenty-fourth  of  February  in  the  year  eighteen 
hundred  and  ninety-three  ;  five  hundred  dollars  of  the 
above  amount  to  be  paid  to  Joseph  Tilton,  the  survivor, 
and  the  balance  to  be  apportioned  in  such  equitable  man- 
ner as  the  governor  and  council  shall  determine,  having 
due  regard  to  the  number  of  their  dependents  and  their 
necessities,  to  the  families  of  each  of  the  following  men 
who  lost  their  lives:  Captain  Timothy  Akin,  Jr.,  Isaiah 
H.  Tilton,  Fred  Akin,  Eugene  Brightman  and  Hiram 
Jackson.  Approved  March  25,  1893. 


Chap. 


).   37  Rksolve  providing  for  the  construction  of  sewers  at  the 
massachusetts  school  for  the  feeble-minded. 

^hrolfo"rTh?  Resolved,  That  there  be  allowed  and  paid  out  of  the 
feeble-minded,  treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  at  the  Massachusetts 
school  for  the  feeble-minded  at  Waltham  under  the  direc- 
tion of  the  trustees  thereof,  for  the  purpose  of  constructing 
sewers  within  the  grounds  of  said  school. 

Approved  March  25,  1893. 

Chan.   38  Resolve  in  favor  of  the  Massachusetts  charitable  eye  and 

EAR   INFIRMARY. 

Sfabie'lye  Resolved,  That  there  be  allowed  and  paid  out  of  the 
and  ear  infirm-  trcasuiy  of  the  Commouwealth  a  sum  not  exceeding 
twenty  thousand  dollars,  to  be  expended  at  the  Massa- 
chusetts charitable  eye  and  ear  infirmary  under  the  direc- 
tion of  the  managers  thereof,  for  the  charitable  purposes 
of  said  infirmary  for  the  present  year. 

Approved  March  25,  1893. 


Resolves,  1893.  —  Chaps.  39,  40,  41,  42.  1453 


Resolve    uklative    to    the    r.vuTicirATiox    ok    the    commox-  (7/^^r).   39 

■WEALTH   IX   the   AVOULD'S   COLUMIUAX   EXl'OSITIOX. 

Resolved,  Tbat  for  the  purpose  of  exhibitinjr  the  arts,  worid-s coium> 

.'.         ..  11  1/1  I    i^'""  exposition. 

industries,  institutions,  resources,  products  and  general 
development  of  the  Commonwealth  of  Massachusetts  at 
the  world's  Columbian  exposition  at  Chicago  in  the  state 
of  Illinois,  in  the  year  eighteen  hundred  and  ninety-three, 
there  be  allowed  and  paid  out  of  the  treasury  of  the  Com- 
monwealth a  sum  not  exceeding  twenty-tive  thousand  dol- 
lars, to  be  expended  under  the  direction  of  the  governor 
and  council  to  carry  out  the  provisions  of  this  resolve,  the 
same  to  be  in  addition  to  the  amounts  heretofore  author- 
ized. Approved  March  23,  1893. 

Resolve  providixg  agaixst  depredatioxs  by  the  ixsect  kxowx  nj^njy    AC\ 

AS  THE  OCXERIA  DISPAR  OR  GYPSY  MOTH.  ^  ' 

liesolved.  That  there  be  allowed  and  paid  out  of  the  Gypsy  moth. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
hundred  thousand  dollars,  which  sum  may  be  expended 
under  the  direction  of  the  state  board  of  agriculture  in 
continuing  the  work  of  exterminating  the  insect  known 
as  the  ocneria  dispar  or  gypsy  moth,  as  provided  for  in 
chapter  two  hundred  and  ten  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one.  The  above  sura  shall 
be  in  addition  to  any  balance  remaining  unexpended  of  the 
appropriations  of  the  year  eighteen  hundred  and  ninety- 
two.  Approved  March  28,  1893. 

Resolve  ix  favor  of  mary  e.  daxiels.  CJlCLT)    41 

Resolved,  That  there  be  allowed  and  paid  out  of  the  MaryE. 
treasury  of  the  Commonwealth,  from  and  after  the  first 
day  of  Januar}'  in  the  year  eighteen  hundred  and  ninety- 
three,  to  Mary  E.  Daniels,  an  annuity  of  forty  eight  dol- 
lars during  her  natural  life,  in  equal  quarterly  payments  ; 
said  Mary  E.  Daniels  having  been  a  nurse  in  the  union 
army  during  the  war  of  the  rebellion. 

Approved  March  28,  1893. 

Resolve  in  favor  of  henry  c.  greeley.  Chai)    42 

Resolved,  That  there  be  allowed  and  paid  out  of  the  iienryc. 
treasury  of  the    Commonw^ealth   to    Henry   C,  Greeley,  *^'"®®'^y- 
treasurer  of  the  board  of  trustees  of  the  state  industrial 
school  for  girls  at  Lancaster,  the  sum  of  forty-nine  dol- 


1454  Kesolws,  1893.  —  Chaps.  43,  44,  45. 

lars  and  two  cents,  being  for  interest  paid  on  money 
borrowed  for  the  purpose  of  purchasing  a  herd  of  cattle 
during  the  year  eighteen  hundred  and  ninety-one,  to  re- 
place the  diseased  stocli  condemned  and  killed  at  Lan- 
caster. Apx>roved  March  29,  1893. 

ChCtp.    43   l^ESOLVE   PROVIDIXG   FOR   CONCRETE   WALKS   AT   THE   STATE   INDUS- 
TRIAL SCHOOL  FOR  GIRLS. 

ec^ooi'forgl'rii  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five 
hundred  dollars,  to  be  expended  at  the  state  industrial 
school  for  girls  at  Lancaster  under  the  direction  of  the 
trustees  and  superintendent  thereof,  for  the  purpose  of 
concreting  the  walks  on  the  grounds  of  said  institution. 

Approved  March  29,  1893. 

ChctT),  44  Resolve  in  favor  of  tiiomas  p.  higgins. 

Thomas  p.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

iggins.  treasury  of  the  Commonwealth  to  Thomas  P.  Higgins  of 

Amesbury  the  sum  of  seventy-five  dollars,  in  full  com- 
pensation for  loss  of  time  and  for  expenses  in  consequence 
of  injuries  received  in  the  eyes  and  face  in  a  sham  fight, 
while  on  duty  as  a  private  in  company  B,  eighth  regiment, 
Massachusetts  volunteer  militia,  in  the  town  of  Danvers 
on  the  thirtieth  day  of  September  in  the  year  eighteen 
hundred  and  ninety-one,  and  while  acting  under  the  orders 
of  the  commander  in  chief.        Approved  March  29,  1893. 

Chttp.   45  Resolve  providing  for  printing  the  report  of  the  commis- 
sion TO  IMPROVE  THE   HIGHWAYS   OF  THIS   COMMONWEALTH. 

wly°commi8^''        R^^^^^'^(^->  That  thcrc  be  electrotyped,  printed  and  bound 
eion.  in  cloth,  five  thousand  copies  of  the  report  of  the  com- 

mission appointed  to  consider  what  legislation  is  necessary 
for  the  better  construction  and  maintenance  of  the  high- 
ways in  this  Commonwealth,  with  appendices  marked  A, 
B,C,D,E,F,G,  H,  I,  J  and  K,  containing  the  statistics 
in  tabulated  form  prepared  under  the  direction  of  said 
commission,  to  be  distributed  as  follows  :  To  each  member 
of  the  general  court,  ten  copies  ;  to  each  member  of  the 
executive  departments,  the  clerks  and  assistant  clerks  of 
the  two  branches  of  the  general  court  and  each  reporter 
assigned  a  seat  in  either  branch,  one  copy;  to  the  state 
library,  twenty-five  copies  ;  to  the  Massachusetts  historical 
society  and  the  New  England  historic  genealogical  society, 


Resolves,  1893.  —  Chaps.  46,  47,  48.  1455 

five  copies  each;  to  each  free  piihlic  library  in  the  Com- 
monwealth which  is  open  to  the  use  of  the  city  or  town 
W'here  it  is  situated,  one  copy  ;  all  of  which  shall  be  dis- 
tributed under  the  direction  of  the  secretary  of  the  Com- 
monwealth ;  the  balance  shall  be  placed  in  the  oflSce  of 
the  secretary  of  the  Commonwealth  for  public  distribution. 

Approved  March  29,  1S93. 

Resolve  pkovidixg  for  the  collection  and  circulation  of  (JJinj^    AQ 

INFORMATION  RELATING   TO   ABANDONED   FARMS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Abandoned 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  ^'"'"^• 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  state  board  of  agriculture  in  collecting  all  necessary 
information  in  regard  to  the  opportunities  for  developing 
the  agricultural  resources  of  the  Commonwealth,  through 
the  repopulation  of  abandoned  and  partially  abandoned 
farms,  and  causing  the  facts  obtained  and  a  statement  of 
the  advantages  offered  to  be  circulated  where  and  in  such 
manner  as  said  board  may  consider  for  the  best  interests 
of  the  Common vrealth,  in  accordance  w^ith  chapter  two 
hundred  and  eighty  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-one.  App)roved  March  29,  1893. 

Resolve  providing  for  certain  repairs  and  improvements  f^hf^Yt    47 

AT   THE   STATE   ALMSHOUSE   AT   TEWKSBURY.  ^  ' 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  stateaimshouBe. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty- 
nine  thousand  two  hundred  dollars,  to  be  expended  at  the 
state  almshouse  at  Tewksbury  under  the  direction  of  the 
superintendent  and  trustees  thereof,  for  the  following  pur- 
poses, to  wit :  For  a  new  kitchen,  boiler  house,  boilers, 
bakery,  dining  room  and  furnishing,  a  sum  not  exceeding 
thirty-four  thousand  nine  hundred  and  fifty  dollars  ;  for  a 
farmhouse  and  land,  a  sum  not  exceeding  twenty-seven 
hundred  and  fifty  dollars,  and  for  painting,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars. 

Approved  March  29,  1893. 

Resolve  providing   for   certain   repairs  and  improvements  Cj]inq^    4ft 

AT   THE   state   FARM   AT   BRIDGE  WATER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  farm. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty 
thousand  dollars,   to   be  expended  at  the  state  farm  at 


1456  Resolves,  1893.  — Chaps.  49,  50,  51. 

Brid^ewater  under  the  direction  of  the  trustees  and  super- 
intendent, for  the  following  purposes  :  For  the  erection 
of  a  building  to  contain  seventy-five  strong  rooms,  a  sum 
not  exceeding  thirty-five  thousand  dollars  ;  for  an  asylum 
wall,  a  sum  not  exceeding  three  thousand  dollars  ;  for  the 
erection  of  a  dormitory,  a  sura  not  exceeding  seven  thou- 
sand dollars  ;  and  for  repairs  of  the  chapel  and  providing 
additional  room,  a  sum  not  exceeding  five  thousand  dol- 
lars, in  addition  to  the  amount  authorized  in  chapter  thir- 
teen of  the  resolves  of  the  year  eighteen  hundred  and 
ninety-two  for  the  same  purpose. 

Ajijyroved  March  29,  1893. 

GhciV'  49  Resolve  relative  to  indexing  the  names  of  soldiers  of  the 

WAR    OF    THE    REBELLION,    IN     THE     OFFICE     OF     THE     ADJUTANT 
GENERAL. 

Index  to  names       Resolved,  That  there  be  allowed  and  paid  out  of  the 

or  soldiers  or  /.      i        /->i  i   i  i-  n 

the  war  of  the  trcasurv  01  the  Commonwealth  a  sum  not  exceedmg  tour 
hundred  and  seventy-five  dollars,  to  be  expended  under 
the  direction  of  the  governor  for  the  purpose  of  complet- 
ing; the  indexing  of  the  names  of  officers  and  men  who 
served  from  this  Commonwealth  during  the  Avar  of  the 
rebellion  ;  said  sum  to  be  in  addition  to  the  seventeen 
hundred  dollars  authorized  by  chapter  sixty-seven  of  the 
resolves*  of  the  year  eighteen  hundred  and  ninety-two. 

Approved  March  29,  1893. 


rebellion. 


Chap 


,  F:f\  Resolve  providing  for  the  removal  of  the  various  depart- 
ments TO  THEIR  NEW  LOCATIONS  IN  THE  STATE  HOUSE  EXTEN- 
SION. 

Removal  of  Hesolvcd,  That  there  be  allowed  and  paid  out  of  the 

menu.^^^"^"  trcasury  of  the  Commonwealth  a  sum  not  exceeding  ten 
thousand  dollars,  for  the  purpose  of  paying  the  necessary 
expenses  of  the  removal  of  the  various  departments  of 
the  state  house,  to  their  new  locations  in  the  state  house 
extension,  to  be  expended  under  the  direction  of  the  com- 
mission on  the  state  house. 

Approved  April  4,  1893. 

Chaj).  51  Resolve  in  favor  of  daniel  witt. 

Daniel  Witt.  Resolveci,  That  Daniel  Witt  of  Templeton,  the  aged  and 

helpless  father  of  Clayton  Witt  who  served  in  company 
K,  twenty-fifth  regiment,  Massachusetts  volunteers,  dur- 
ing the  war  of  the  rebellion,  and  who  died  of  starvation  as 


Resolves,  1893.  —  CuArs.  52,  53,  54.  1457 

a  prisoner  of  war  tit  Florence,  South  Carolina,  shall,  from 
and  after  the  passage  of  this  resolve,  he  eligible  to  receive 
state  aid  under  the  provisions,  rules  and  liniitiitions  of 
chai)ter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner  and 
to  the  same  extent  that  he  would  have  been  entitled  had 
he  received  state  aid  as  a  dependent  father  during  the 
year  eighteen  hundred  and  sixty-six,  by  virtue  of  then 
existing  law.  Approved  April  7,  1893. 

Resolve  in  favor  of  norman  y.  brintnall.  ChctV.   52 

■  Resolved,  That  there  be  allowed  and  paid  out  of  the  Norman  y. 
treasury  of  the  Commonwealth  to  Norman  Y.  Brintnall  of 
Charlestown  the  sum  of  one  hundred  and  fifty  dollars,  in 
full  compensation  for  a  horse  that  was  used  by  Robert 
Ball  Edes  on  a  tour  of  duty  at  the  state  camp  ground  at 
Framingham  during  the  month  of  July  in  the  year  eight- 
een hundred  and  ninety-two,  and  being  overcome  by  the 
extreme  heat  of  the  week  fell  dead  upon  the  field.  The 
said  Robert  Ball  Edes  was  a  first  lieutenant  and  inspector 
of  I'ifle  practice,  fifth  regiment  of  infantry,  Massachusetts 
volunteer  militia,  and  at  the  time  on  duty  under  orders  of 
the  commander  in  chief.  Approved  April  7,  1893. 

Resolve  granting  county  taxes.  Oh  an    ^S 

Resolved,  That  the  sums  placed  against  the  names  of  county  taxes 
the  several  counties  in  the  following  schedule  are  granted  ^'■'*°"^^- 
as  a  tax  for  each  county  named,  respectively,  to  be  col- 
lected and  applied  according  to  law  :  —  Barnstable,  eight- 
een thousand  dollars  ;  Berkshire,  seventy- five  thousand 
dollars;  Bristol,  two  hundred  thousand  dollars;  Dukes 
County,  seven  thousand  five  hundred  dollars  ;  Essex,  two 
hundred  and  forty- six  thousand  five  hundred  dollars ; 
Franklin,  thirty-three  thousand  dollars  ;  Hampden,  one 
hundred  and  thirty  thousand  dollars  ;  Hampshire,  forty- 
eight  thousand  dollars;  Middlesex,  three  hundred  and 
fifty-thousand  dollars  ;  Norfolk,  one  hundred  and  forty 
thousand  dollars ;  Plymouth,  ninety  thousand  dollars ; 
Worcester,  one  hundred  and  fifty  thousand  dollars. 

Approved  Ap)ril  7,  1893. 

Resolve  in  favor  of  annie  f.  shevlin.  Chart    54 

Resolved,  That  Annie  F.   Shevlin  of  Sandwich,  widow  Annie  f. 
of  James  Shevlin  who,  under  the  name  of  Francis  McFar-  ''''^^''"- 


1458  Resola^es,  1893.  —  Chaps.  55,  5Q,  57. 

lane,  enlisted  in  company  E,  seventh  regiment  of  infantry, 
army  of  the  United  States,  on  the  third  day  of  July  in  the 
year  eighteen  hundred  and  sixty  and  served  therein  until 
the  thirteenth  da}'  of  July  in  the  year  eighteen  hundred 
and  sixty-seven,  and  who  at  the  date  of  said  enlistment 
was  a  citizen  and  resident  of  Massachusetts,  shall,  from 
and  after  the  passage  of  this  resolve,  be  eligible  to  receive 
state  aid  under  the  provisions,  rules  and  limitations  of 
chapter  three  hundred  and  one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  in  the  same  manner 
and  to  the  same  extent  that  she  would  have  been  entitled 
had  her  husband  served  to  the  credit  of  this  Common- 
wealth. Approved  April  11,  1893. 

CJhCiV'    55   P^J^^SOLVE   REQUESTING   THE   TAX  COMMISSIONER   TO   PREPARE  BLANK 
FORMS   TO   SECURE  UNIFORMITY  AND   GREATER   CERTAINTY  IN    THE 

ASSESSMENT   OF   TAXES. 

^^lan^k^orms  for      ResolvBcl,  That  the  tax  commissioner  be  authorized  and 
taxes.  requested  to  prepare  and  report  to  the  present  general 

court,  a  form  of  blank  return  for  filing  with  the  assessors 
of  the  several  cities  and  towns  the  lists  of  property  re- 
quired by  sections  thirty-eight  and  seventy-two  of  chap- 
ter eleven  of  the  Public  Statutes.  Such  form  shall  be 
adapted  to  secure  uniformity  and  greater  certainty  in  the 
assessment  of  taxes.  Approved  April  12,  1893. 

(JhCiV*    56  RkSOLVE   PROAIDING   for    IMPROVEMENTS    AT    THE    STATE    NORMAL 

SCHOOL   AT   WESTFIELI). 

fchoofat  weBt-       Resolved,  That   there  be   allowed   and  paid  out  of  the 
field.  treasury  of  the  Commonwealth  the  sum  of  three  thousand 

five  hundred  dollars,  to  be  expended  under  the  direction 
of  the  state  board  of  education  at  the  state  normal  school 
at  Westfield,  for  the  following  purposes  :  For  completing 
the  filling  and  grading  of  the  school  lot,  fencing  said  lot, 
for  curbstones  in  front  of  said  lot  and  for  additions  to  the 
heating  apparatus  of  the  school  building. 

Approved  April  12,  1893. 

Chat)      57   I^ESOLVE    PROVIDING^  FOR    CERTAIN    IMPROVEMENTS    AT   THE    STATE 

ALMSHOUSE   AT   TEWKSBURY. 

State  alms-  Resolved,  That  there   be  allowed  and  paid  out  of  the 

1101186 

treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars,  to  be  expended  at  the 


Resolves,  1893.  — Chaps.  58,  59,  60.  1459 

state  almshouse  at  Tewkshury  under  the  direction  of  the 
trustees  and  superintendent  of  said  institution,  for  the  pur- 
pose of  erectinp:  fireproof  buildings,  with  such  improve- 
ments and  additions  as  may  be  neccssar}^  in  place  of  the 
present  wooden  structure  ;  ijrovided,  hoicever,  that  not 
more  than  seventy-tive  thousand  dollars  shall  be  expended 
during  the  present  year.  A'pproved  April  12,  1893. 

Resolve  providing  for  a  new  outfit  for  the  medical  depart-  (JJiar),   58 

MENT  OF  THE   MILITIA. 

Uesolved,  That  there  be  allowed  and  paid  out  of  the  Outfit  for  medi- 

J  c   l^^        /^  wi  A.  ^'  cal  department 

treasury  ot  the  Commonwealth  a  sum  not  exceedmg  one  of  the  miiitia. 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  surgeon  general  in  the  punihase  of  a  new  field  outfit 
for  the  use  of  the  medical  department  of  the  volunteer 
militia.  Approved  April  12,  1893. 

Resolve  in  favor  of  william  o'sullivan.  Ohnn     'iQ 

Resolved,  That  William  O'Sullivan  of  Lawrence,  father  wiiiiam 
of  William  O'Sullivan,  junior  who  served  as  captain  of  ^^""'^''°- 
company  K,  fortieth  regiment,  New  York  volunteers,  in 
the  war  of  the  rebellion,  and  was  killed  at  the  battle  of 
Fredericksburg  on  the  thirteenth  chiy  of  December  in  the 
year  eighteen  hundred  and  sixty-two,  shall,  from  and 
after  the  first  day  of  February  of  the  present  year,  be 
eligible  to  receive  state  or  military  aid  under  the  pro- 
visions, rules  and  limitations  of  chapters  two  hundred  and 
seventy-nine  and  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  in  the  same  man- 
ner and  to  the  same  extent  that  he  would  have  been  en- 
titled had  he  served  personally  in  said  war  to  the  credit 
of  this  Commonwealth.  Approved  April  15,  1893. 

Resolve  to  provide  for  certain  improvements  at  the  state  f^Jifj^t    fiO 

NORMAL   SCHOOL  AT   FRAMINGHAM.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two  fnghain!'  ^'^'*"' 
thousand  one   hundred  and  six  dollars,  to   be  expended 
under  the  direction  of  the  state  board  of  education  for 
the  purpose  of  providing  automatic  heating  and  ventilat- 
ing apparatus  at  the  state  normal  school  at  Framingham. 

Approved  April  15,  1893. 


14G0  Resolves,  1893.  — Chaps.  61,  62,  63. 


Chan.   61  Resolve  to  provide  for  repairing  a  boiler  at  the   state 

NORMAL   school   AT   SALEM. 

Kout^sTi'em.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three 
hundred  and  fifty  dollars,  to  be  expended  under  the  direc- 
tion of  the  state  board  of  education  for  repairing  the  boiler 
at  the  state  normal  school  at  Salem. 

Approved  April  15,  1893. 

(J]iap,  62  Resolve  providing  for  certain  expenses  at  the  state  nor- 
mal SCHOOL   AT  BRIDGEWATER. 

sch'Jorat"*'  liesolved,  That  there  be  allowed  and  paid  out  of  the 

Bridgewater.  trcasuiy  of  the  Commonwealth  the  sum  of  four  thousand 
one  hundred  and  eighty-nine  dollars  and  thirty  cents,  for 
the  payment  of  certain  bills  incurred  in  connection  with 
the  removal  of  the  old  building  and  the  erection  of  new 
buildings  at  the  state  normal  school  at  Bridgewater,  in 
excess  of  the  appropriation  therefor. 

Approved  April  15,  1893. 

ChciT).  63  Resolve  providing  for  consolidating  and  arranging  the 
laws  relating  to  savings  banks  and  institutions  for 
savings. 

Consolidation,        jResolved,  That  the  board  of  commissioners  of  savings 

etc.,  of  la  wB  II,-  -I  f  1  1  jii 

relating  to  sav-  bauKs  be  instructcd  to  consolidate  and  arrange  the  laws 
ings  an  s,  e  c.  j.g|jj^jj^fy  ^q  saviugs  bauks  and  institutions  for  savings. 
Said  commissioners  shall  collect  all  acts  and  parts  of  acts 
relating  to  such  institutions,  and  shall  execute  and  com- 
plete  such  consolidation  and  arrangement  in  such  manner 
as  shall  render  such  laws  most  concise,  plain  and  intelli- 
gible. The  commissioners  may,  in  consolidating  and 
arranging  these  laws,  omit  redundant  enactments,  reject 
superfluous  words,  and  condense  into  as  concise  and 
comprehensive  a  form  as  is  consistent  with  a  full  and 
clear  expression  of  the  will  of  the  legislature,  all  circui- 
tous, tautological  and  ambiguous  phraseology ;  suggest 
any  mistakes,  omissions,  inconsistencies  and  imperfec- 
tions which  may  appear  in  the  laws  to  be  consolidated 
and  arranged,  and  the  manner  in  which  they  may  be 
corrected,  supplied  and  amended.  The  commissioners 
shall  indicate,  by  brief  marginal  notes  and  references, 
the  statutes,  chapters  and  sections  consolidated  and 
arranged  by  them,  and  the  substance  of  the  contents  of 


Kesolyes,  1893.  — Chaps.  64,  G5,  66.  1461 

each  section.  They  shall  comi)lcte  the  said  consolidation 
and  arrangement  and  make  and  present  their  report  in 
print  to  the  general  court  on  or  before  the  tirst  VVednes- 
day  in  February  in  the  year  eighteen  hundred  and  ninety- 
four.  Said  commissioners  shall  be  allowed  and  paid  out 
of  the  treasury  of  the  Commonwealth,  as  compensation 
for  this  special  duty,  the  sum  of  seven  hundred  dollars, 
which  shall  include  the  expense  of  printing  and  any 
clerical  and  expert  assistance  required. 

Approved  April  15,  1893. 

Resolve  providing  for  repairs  to  the  farmhouse  and  for  (Jlidj)^  g4 

THE    REMOVAL    OF    THE    OLD    CHAPEL   AT   THE   STATE    INDUSTKIAL  ^ 

SCHOOL  FOR  GIRLS. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  state  induBtriai 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five 
hundred  dollars,  to  be  expended  at  the  state  industrial 
school  for  girls  at  Lancaster  under  the  direction  of  the 
trustees  thereof,  for  the  purpose  of  making  necessary 
repairs  to  the  farmhouse  and  for  removing  the  old  chapel 
building.  Approved  April  19,  1893. 

• 

Resolve  in  favor  of  henry  s.  worrall.  Chcip.   65 

Resolved,  That  Henry  S.  Worrall,  who  was  permanently  Henry  s. 
disabled  while  engaged  in  the  active  service  of  the  fire  de- 
partment of  the  city  of  Boston,  shall,  after  the  passage  of 
this  resolve,  be  eligible  to  receive  the  pension,  and  to  be 
placed  on  the  pension  roll,  under  the  provisions,  rules  and 
limitations  of  chapter  one  hundred  and  seven  of  the  acts 
of  the  year  eighteen  hundred  and  eighty  and  acts  in 
amendment  thereof  or  supplementary  thereto,  in  the  same 
manner  and  to  the  same  extent  that  he  would  have  been 
entitled  had  the  provisions  of  the  said  chapter  been  in 
force  at  the  time  he  was  disabled. 

Approved.  April  19,  1893. 

Resolve  in  favor  of  william  riley.  ChciT).   QQ 

Resolved,  That  William  Riley  of  Melrose,  who  served  Wiiiiam  Riiey. 
in  the  United  States  army  during  the  war  of  the  rebellion, 
and  who  was  at  the  date  of  enlistment  a  resident  and 
citizen  of  this  Commonwealth,  shall,  from  and  after  the 
passage  of  this  resolve,  be  eligible  to  receive  state  or 
military  aid  under  the  provisions,  rules  and  limitations  of 


1462  Eesolyes,  1893.  —  Chaps.  67,  68,  69. 

chapters  three  hundred  and  one  and  two  hundred  and 
seventy-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  in  the  same  manner  and  to  the  same  extent 
that  he  would  have  been  entitled  had  he  served  to  the 
credit  of  this  Commonwealth.     Apjwoved  April  24,  1893. 

GhciT)'  67  Resolve  in  favor  of  the  widow  of  samcel  crooks. 

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

treasury  of  the  Commonwealth  to  the  widow  of  Samuel 
Crooks,  late  a  member  of  the  house  of  representatives 
from  the  twenty-seventh  Middlesex  district,  the  sum  of 
eight  hundred  and  sixteen  dollars,  being  the  salary,  mile- 
age and  compensation  for  travel  to  which  the  said  Samuel 
Crooks  would  have  been  entitled  had  he  lived  to  the  close 
of  the  present  session  of  the  general  court. 

Ai^proved  April  24,  1893. 

CJlClT)      68   Rl^SOLVE     PROVIDING     FOR    CERTAIN    REPAIRS    AND    IMPROVEMENTS 

AT  THE   TAUNTON   LUNATIC   HOSPITAL. 

Taunton  lunatic      Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

hospital.  A      1  /•-(  11  J  T 

treasury  oi  the  Commonwealth  a  sum  not  exceeding 
seventeen  thousand  five  hundred  dollars,  to  be  expended 
at  the  Taunton  lunatic  hospital  at  Taunton  under  the 
direction  of  the  trustees  thereof,  for  the  following  pur- 
poses :  For  completing  the  male  infirmary,  a  sum  not  ex- 
ceeding three  thousand  dollars  ;  for  furnishing  the  new 
infirmary,  a  sum  not  exceeding  twenty-five  hundred  dol- 
lars ;  for  building  a  new  piggery,  a  sum  not  exceeding  five 
thousand  dollars;  for  fire  escapes  and  hose,  a  sum  not 
exceeding  two  thousand  dollars  ;  for  the  completion  of 
the  steam  and  hot  water  piping,  a  sum  not  exceeding  two 
thousand  dollars ;  and  for  general  repairs,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

Approved  April  24,  1893. 


Ghap.  69 


Resolve  to  provide  for  printing  one  thousand  extha  copies 
OF  the  annual  report  of  the  free  public  library  com- 
mission. 

Report  of  public      Resolvecl,   That  there  shall    be   printed  one   thousand 
BioiT.'^^  commis-  ^^^j^g  of  the  annual  report  of  the  free  public  library  com- 
mission for  the  year  eighteen  hundred  and  ninety-two  in 
addition  to  the  number  now  provided  for  by  law. 

Approved  April  26,  1893. 


Kesolves,  1893.  —  Chaps.  70,  71,  72,  73.  UG3 


Resolve  providing  fok  the  tavment  of  certain  hills  author-  fJJinij    TQ 

IZED    BY   the   surgeon   GENERAL,  IN   EXCESS   OF  ArPROPRIATIONS  ^  ' 

therefor,  for  THE  YEAR  EIGHTEEN  HUNDRED  AND  NINETY-TWO. 

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

tain  bills 

treasury  of  the  Commonwealth  the  sum  of  two  hundred  authorized  by 
and  seventeen  dollars  and  eighty-eight  cents,  for  the  pay-  genenuf"" 
ment  of  bills,  now  on  file  in  the  department  of  the  auditor 
of  the  Commonwealth,  authorized  by  the  surgeon  general 
in  excess  of  appropriations  therefor,  during  the  year  eight- 
een hundred  and  ninety-two,  being  for  medical  supplies 
furnished  the  Massachusetts  volunteer  militia. 

Approved  April  26,  1893. 

Resolve    providing   for   printing    and    binding    additional  QJinry    71 

COPIES    of    THE    REPORT    OF    THE    METROPOLITAN   PARK   COMMIS- 
SION. 

Resolved,  That  five  thousand  additional  copies  of  the  Report  of  the 
report  of  the  metropolitan  park  commission   be  printed  park°comm^- 
and  bound  in  cloth,  to  be  distributed  as  follows  :  Ten  "°°' 
copies  to  each  member  of  the  senate  and  house  of  repre- 
sentatives and  the  balance  to  be  placed  in  the  department 
of  the  secretary  of  the  Commonwealth  for  distribution. 

Approved  May  2,  1893. 

Resolve  providing  for  the  enlargement  and  repair  of  the  (Jfidv)^  J2 

STATE   LUNATIC   HOSPITAL  AT   NORTHAMPTON. 

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

,  f-   ,1        /n  lii  i.  T  /"/"i       lunatic  hospital. 

treasury  or  the  Commonwealth  a  sum  not  exceedmg  fifty 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  trustees  of  the  state  lunatic  hospital  at  Northampton, 
for  the  purpose  of  enlarging  the  hospital  and  for  other 
necessary  repairs  :  provided,  however,  that  no  more  than 
twenty-five  thousand  dollars  shall  be  expended  during  the 
present  year.  Approved  May  2,  1893. 

Resolve  in  favor  of  eliza  m,  doyle.  ChttT)     73 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Eiiza  m.  Doyie. 
treasury  of  the  Commonwealth  to  Eliza  M.  Doyle  of  Wake- 
field, the  sum  of  one  hundred  and  fifty  dollars,  in  full 
compensation  for  the  loss  of  a  horse  belonging  to  her, 
which  was  injured  by  the  sixth  regnnent,  Massachusetts 
volunteer  militia  on  the  fifth  day  of  October  in  the  year 


146^  Eesolves,  1893.  —  Chaps.  74,  75,  76. 

eighteen  hundred  and  ninety-two,  while  said  regiment 
was  on  military  duty  under  the  direction  of  the  commander 
in  chief,  said  injuries  being  so  serious  as  to  necessitate 
the  killing  of  said  horse.  Approved  May  2,  1893. 

ClldT).  74  Resolve  providing  fok  certaix  expenses  op  the  naval  bat- 
talion, MASSACHUSETTS  VOLUNTEER  MILITIA. 

SacbSr*      Resolved,  That  there  be  allowed  and  paid  out  of  the 
volunteer  treasury   of   the    Commonwealth    a    sum    not   exceeding 

militia.  •'^  111111  I  11  1  1 

twenty-nve  hundred  doluirs,  to  be  expended  under  the 
direction  of  the  commander  of  the  naval  battalion  of  the 
Massachusetts  volunteer  militia,  for  reimbursement  of 
sums  expended  in  providing  means  of  instruction  in  drills, 
in  caring  for  property  of  the  United  States  loaned  for  the 
especial  use  of  the  naval  battalion,  and  for  general  pur- 
poses of  fittings  incidental  to  the  equipment  of  the  com- 
mand. Approved  May  2,  1893. 

GTlCip.   75  Resolve  in  favor  of  mart  c.  daley. 

Mary  c.  Daley.  ResolvecL,  That  Mary  C.  Daley  of  Boston,  widow  of 
William  B.  Daley  who  served  in  the  United  States  navy 
and  in  company  F,  tenth  regiment,  New  York  cavalry 
during  the  war  of  the  rebellion,  and  who  at  dates  of  en- 
listment therein  was  a  citizen  of  Massachusetts,  shall, 
from  and  after  the  passage  of  this  resolve,  be  eligible  to 
receive  state  or  military  aid  under  the  provisions,  rules 
and  limitations  of  chapters  two  hundred  and  seventy-nine 
and  three  hundred  and  one  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  that  she  would  have  been  had  her  late  hus- 
band served  to  the  credit  of  this  Commonwealth. 

Approved  May  2,  1893. 


ChCLT).     76   I^ESOLVE     providing     FOR     REPAIRS     AND     IMPROVEMENTS    AT    THK 

WORCESTER   LUNATIC   HOSPITAL. 

Worcester  Hesolved,  That  there  be  allowed  and  paid  out  of  the 

lunatic  hoBpital.  r     ^         r^  i    i  t  /• 

treasury  ot  the  Commonwealth  a  sum  not  exceedmg  lorty- 
five  thousand  dollars,  to  be  expended  at  the  Worcester 
lunatic  hospital  at  Worcester  under  the  direction  of  the 
trustees  of  said  institution,  for  the  following  purposes: 
For  removing  and  thoroughly  overhauling  the  plumbing, 
and  building  an  annex  for  the  water-closets,  bath  and 
wash  rooms,  a  sum  not  exceeding  twenty  thousand  dol- 


Resolves,  1893.  —  Chaps.  77,  78,  79.  1465 

lars  ;  and  for  the  erection  of  a  new  brick  building  suitable 
for  the  fifty  patients  working  on  the  farm,  a  sum  not  ex- 
ceeding twenty-five  thousand  dollars:  provided,  however^ 
that  no  more  than  twenty  thousand  dollars  shall  be  ex- 
pended during  the  present  year. 

Ajiproved  May  2,  1893. 

Resola'e  providing   for   repairs   and   improvements   at  the  (JJid^)^  77 

WESTHOROUGH   INSANE   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  westborough 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten  ^°^"°'^  o^pia. 
thousand  eight  hundred  dollars,  to  be  expended  at  the 
Westborough  insane  hospital  at  Westborough  under  the 
direction  of  the  trustees  of  said  hospital,  for  the  following 
purposes  :  For  furnishing  the  new  laundry,  a  sum  not 
exceeding  one  thousand  dollars  ;  for  raising  the  roof  of 
the  building  known  as  the  cottage,  and  building  an  addi- 
tional story,  a  sum  not  exceeding  five  thousand  dollars  ; 
for  building  a  new  piggery,  a  sum  not  exceeding  three 
thousand  dollars  ;  for  a  new  boiler  for  the  pumping  sta- 
tion, a  sura  not  exceeding  eight  hundred  dollars,  and  for 
painting  the  main  hospital  building,  a  sum  not  exceeding 
one  thousand  dollars.  Approved  May  2,  1893. 

Resolve   providing   for   repairs   and   improvements  to  the  (JJidj).  78 

STATE   hatchery   AT   WILKINSONVILLE   IN   THE   TOWN   OF   SUTTON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  hatchery 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  commissioners  on  inland  fisheries  and  game,  for  the 
purpose  of  constructing  a  dwelling  house  for  the  use  of 
the  superintendent,  for  outbuildings  and  for  furnishing 
the  works  at  the  state  hatchery  at  Wilkinsonville  in  the 
town  of  Sutton.  Approved  May  2,  1893. 

Resolve   relating   to  ascertaining   and    marking    positions  (JTiq/o    79 
occupied  by  massachusetts  troops  at  chattanooga. 

Whereas,   Congress    has    purchased    the   battlefield   of  Ascertaining, 
Chickamauga  and  established  the  Uhickamauga  and  Chat-  Massachueetis 
tanooga  national  military  park ;  and  the  states  of  Georgia  tanoo^a.' 
and  Tennessee  have  ceded  the  roads  through  this  field  and 
over  Lookout  mountain  and  along  the  crest  of  Missionary 
ridge,  as  approaches  to.,  and  a  part  of  the  said  park ;  and 
a  commission  appointed  by  the  secretary  of  war  is  now 


1466  Resolves,  1893.  —  Chaps.  80,  81,  82. 

enc-a^ecl  in  locating  both  the  union  and  the  confederate 
lines  of  battle  ; 
Commissioner.  Resolved,  That  the  governor  is  hereby  authorized  to 
a[)point  one  commissioner  from  among  those  persons  who 
participated  in  the  campaign  of  Chattanooga  in  the  civil 
war,  whose  duty  it  shall  be  to  co()perate  with  the  national 
commission  in  ascertaining  and  marking  the  position  oc- 
cupied in  and  about  Chattanooga  by  the  two  regiments  of 
Massachusetts  troops  which  were  engaged  there.  S;iid 
commissioner  shall  serve  without  pay  but  shall  be  allowed 
his  actual  and  necessary  expenses  to  be  determined  by  the 
governor  and  council.  Approved  May  2,  1893. 


(JhoT).  80  Resolve  eelating  to  the  distribution  of  the  provincial  laws. 
Distribution  of       Resolved.  That  fifty  copies  of  the  acts  and  laws  of  the 

provincial  laws.  __,  ,  «■».  >.,-r«  -ii  n  ji-j 

Province  ot  Massachusetts  13ay,  printed  under  authority 
of  chapter  eighty-seven  of  the  resolves  of  the  year  eight- 
een hundred  and  sixty-seven,  in  addition  to  the  number 
now  authorized  by  law,  be  distributed  in  such  manner  as 
the  secretary  of  the  Commonwealth  and  the  commissioners 
appointed  to  superintend  the  printing  of  the  same  shall 
determine.  Approved  May  2,  1893. 

Ckav.  81  Resolve  in  favor  of  the  board  of  metropolitan  sewerage 

COMMISSIONERS. 

Metropolitan  Resolvecl,  That  there  be  allowed  and  paid  out  of  the 

sewerage  com-  /.       i         /^  \         ^  ^        c 

missioners.  treasury  of  the  Commonwealth  to  the  board  or  metro- 
politan sewerage  commissioners  a  sum  not  exceeding  four 
thousand  five  hundred  dolhirs,  for  the  purchase  of  furni- 
ture and  furnishings  for  the  olfices  of  said  commissioners. 

Approved  May  2,  1893. 

Chaj).  82  Resolve  in  favor  of  anna  m.  long. 

Anna  M.Long.  Resolvecl,  That  Anna  M.  Long,  widow  of  Henry  Long 
who  served  during  the  war  of  the  rebellion  as  seaman  on 
board  the  United  States  coast  survey  steamer  Bibb,  shall, 
from  and  after  the  passage  of  this  resolve,  be  eligible  to 
receive  state  or  military  aid,  under  the  provisions,  rules 
and  limitations  of  chapters  three  hundred  and  one  and  two 
hundred  and  seventy-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  in  the  same  manner  and  to  the 
same  extent  that  she  would  have  been  entitled  to  receive 
the  same  had  her  late  husband  served  as  an  enlisted  sea- 
man in  the  United  States  navy.     Approved  May  2,  1893. 


Eesolyes,  1893.  — Chaps.  83,  84,  85,  86.  1467 


Resolve  providing  fok  additional  fire  escapes  at  the  west-  (JJiap.  83 

BOlfOCJGH  INSANE   HOSPITAL. 

liesolved.  That  thore  be  allowed  and  paid  out  of  the  i^/„'„'^°i[°,"jfi^^i_ 
treasury  of  the  Couiiuonwealth  the  sum  of  seven  hundred 
dollars,  to  be  expended  under  the  direction  of  the  trustees 
of  the  Westborough  insane  hospital,  for  the  purpose  of 
providing  additional  protection  against  fire  in  the  build- 
ings belonging  to  said  hospital,  and  providing  additional 
tire  escapes  for  said  buildings.       Approved  May  2,  1893. 

Resolve  to  provide  for  painting  at  the  reformatoky  prison  (JJiap.  84: 

FOR  women. 

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

'  -   ,  '■  , .  prison  for 

treasury    of   the    Commonwealth   a    sum    not    exceedmg  women. 
tifteen  hundred  dollars,  to  be  expended  under  the  direc- 
tion of  the  commissioners  .of   prisons,  for  painting  the 
buildings  and  fences  at  the  reformatory  prison  for  women. 

xipproved  May  J2,  1893. 

Resolve  in  favor  of  the  widow  of  the  late  john  h.  paine.  Qficip,  85 

Resolved,  That  there  be  allowed  and  paid  out  of  the  widow  of  joha 
treasury  of  the  Commonwealth  to  the  widow  of  John  H. 
Paine,  late  assistant  register  of  probate  and  insolvency 
for  the  county  of  Suffolk,  who  died  on  the  third  day  of 
April  in  the  year  eighteen  hundred  and  ninety-three,  the 
amount  of  salary  to  which  he  would  have  been  entitled 
had  he  lived  until  the  expiration  of  the  year  eighteen 
hundred  and  ninety-three.  Approved  May  5,  1893. 

Resolve    providing    for   the  appointment   of  a   commission  njjnjy    86 

TO    EXAMINE    AND    REPORT    UPON    THE    NORWEGIAN    SYSTEM     OF 
licensing  THE   SALE   OF  INTOXICATING   LIQUORS. 

Resolved,  That  the  governor,  by  and  with  the  advice  Norwegian 
and  consent  of  the  council,  shall  appoint  three  persons,  sL^nel^.'^^™™'^" 
to  be  known  as  the  Norwegian  System  Commissioners, 
who  shall  hold  their  office  for  one  year  from  the  first  day 
of  May  in  the  year  eighteen  hundred  and  ninety-three. 
Said  commissioners  shall  investigate  the  Gothenburo:  and 
Norwegian  systems  of  licensing  the  sale  of  intoxicating 
liquors,  and  shall  make  a  report  concerning  the  same  to 
the  next  general  court  on  or  before  the  first  Wednesday 


Chap 


14G8  Resolves,  1893.  —  Chap.  87. 

of  February  in  the  year  eighteen  hundred  and  ninety-four, 
together  with  a  draft  of  a  bill  to  apply  the  same  in  this 
Commonwealth.  Said  commissioners  shall  serve  without 
pay  and  shall  incur  no  expense  on  behalf  of  the  Common- 
wealth. Approved  May  10,  1893. 

gj  Resolve  relative  to  the  bodxdary  line  between  the  com- 
monwealth OF  MASSACHUSETTS  AND  THE  STATES  OF  NEW  HAMP- 
SHIRE  AND   VERMONT. 

Boundary  line        Resolved,  That  the  commissioners  appointed  under  the 

between  Massa-  ..  /.i  i  p      \  n     i 

chusetts  and  provisioHs  of  chaptcr  seventy-three  of  the  resolves  oi  the 
anTveTmont'/^  year  eighteen  hundred  and  eighty-five  as  amended  by 
chapter  fifty-eight  of  the  resolves  of  the  year  eighteen 
hundred  and  eighty-six,  for  the  purpose  of  ascertaining 
and  establishing  the  true  jurisdictional  line  between  this 
Commonwealth  and  the  state  of  New  Hampshire,  be  au- 
thorized, in  conjunction  with  like  commissioners  to  be 
appointed  by  the  governors  of  the  states  of  Vermont  and 
New  Hampshire,  or  either  of  them,  to  set  and  place  a 
suitable  monument  indicating:  the  southeast  corner  of  the 
state  of  Vermont  and  the  southwest  corner  of  the  state  of 
New  Hampshire,  being  also  a  part  of  the  line  between  New 
Hampshire  and  Massachusetts,  and  also  in  conjunction 
-  with  the  said  Vermont  commissioners  to  set  or  reset,  place 
or  replace,  where  they  shall  deem  it  necessary,  monuments 
indicating  the  boundary  line  between  the  state  of  Vermont 
and  the  Commonwealth  of  Massachusetts.  Said  commis- 
sioners are  hereby  authorized  and  empowered  to  em|)loy 
a  competent  surveyor  or  civil  engineer  to  aid  them  in  ac- 
complishing the  purpose  of  this  resolve  ;  and  the  expense 
of  setting  or  resetting,  placing  or  replacing  such  neces- 
sary monuments  shall  be  at  the  joint  and  equal  charge  of 
the  several  states  acting  in  conjunction  in  the  matter  afore- 
said. Said  commissioners  shall  be  paid  by  the  Common- 
wealth such  reasonable  compensation  for  their  services, 
and  the  amount  of  their  actual  travelling  and  other  nec- 
essary expenses  incurred  in  the  discharge  of  their  duties 
under  this  resolve,  as  the  governor  and  council  may  ap- 
prove. Said  commissioners  shall,  as  soon  as  their  duties 
are  performed,  make  a  report  of  their  doings  and  of  their 
advice  and  recommendations  to  the  governor  and  council, 
to  be  transmitted  to  the  legislature,  and  shall  cause  the 
same  to  be  duly  filed  and  recorded  in  the  ofiice  of  the  sec- 
retary of  the  Commonwealth.     Any  vacancy  in  the  ofiice 


Resolves,  1893.  —  Chaps.  88,  89.  1469 

of  such  commissioner,  by  resijxnation  or  otherwise,  may 
be  tilled  by  the  appointment  of  a  suitable  person  by  the 
governor,  with  the  advice  and  consent  of  the  council. 

Approved  May  12,  1893. 


Chap.  88 


Resolve  relating  to  the  world's  Columbian  exposition  at 

CHICAGO. 

Resolved,  That  in  order  to  enable  the  Commonwealth  to  world's  coium- 
be  properly  represented  at  the  world's  Columbian  expo-  *""°  e^po^'^'^"- 
sition  at  Chicago,  Illinois,  on  the  sev'enteenth  day  of  June 
in  the  year  eighteen  hundred  and  ninety-three,  which  day 
shall  l)e  known  as  Massachusetts  day,  through  the  follow- 
ing officials  of  the  state  government,  namely,  his  excel- 
lency the  governor  and  ten  members  of  his  staff,  the 
lieutenant  governor  and  the  executive  council,  the  pres- 
ident of  the  Semite  and  the  speaker  of  the  house,  a  special 
committee  of  eight  members  of  the  senate  and  twenty 
members  of  the  house,  to  be  appointed  by  the  presiding 
officers  of  the  two  branches,  the  clerk  of  the  senate  and 
the  clerk  of  the  house,  and  the  ex-governors  of  the  Com- 
monwealth ; —  and  in  order  to  enable  his  excelelncy  the 
governor  to  entertain  at  a  banquet,  or  in  other  a[)propriate 
manner,  in  his  discretion,  at  Chicago  on  that  day,  such 
officials  of  the  world's  Columbian  commission  and  of  the 
world's  Columbian  exposition,  and  such  other  officials  and 
dignitaries  as  he  may  invite  to  attend  as  guests  of  the 
Commonwealth,  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sura  not  exceeding 
twelve  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  governor  and  council.  Any  vacancies  occur- 
ring in  said  joint  special  committee  may  be  filled  by  the 
presiding  officer  of  the  branch  in  the  representation  of 
which  such  vacancies  occur.  Approved  May  15,  1893. 

Resolves  providing  for  submitting  to  the  people  the  artfcle  ni^nrn    QQ 
OF  amendment  to  the  constitution  relative  to  the  pay-  "' 

ment  of  mileage  to  members  of  the  general  court. 

Resolved,  That  the  following  article  of  amendment  to  Amendment  to 
the  constitution,  having  been  agreed  to  by  the  last  and  t^^^ conetiiution. 
present  general  courts,  and  published  in  the  manner  re- 
quired by  the  constitution,  be  submitted  to  the  people  for 
their  ratification  and  adoption  ;  — 


1470 


Resolves,  1893.  — Chap.  89. 


Payment  of 
mileage  to  mem- 
bers of  the 
general  court. 


Vote  upon 
article  of 
amendment. 


Ballot. 


Returns  of  votes 
to  be  examined, 


ARTICLE   OF   AMEXDMENT   TO   THE   CONSTITUTION   RELATIVE   TO   THE 
PAYMENT   OF   MILEAGE  TO   MEMBERS   OF   THE   GENERAL   COURT. 

So  much  of  article  two  of  section  three  of  chapter  one 
of  the  constitution  of  the  Commonwealth  as  is  contained 
in  the  following  words  :  "  The  expenses  of  travelling  to 
the  general  assembly,  and  returning  home,  once  in  e very- 
session,  and  no  more,  shall  be  paid  by  the  government, 
out  of  the  public  treasury,  to  every  member  who  shall 
attend  as  seasonably  as  he  can,  in  the  judgment  of  the 
house,  and  does  not  depart  without  leave ",  is  hereby 
annulled. 

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

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

Shall  the  proposed  amendment  to  the  constitu- 
tion relative  to  the  payment  of  mileage  to  mem- 
bers of  the  general  court  be  approved  and  ratified  ? 

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

Resolved,  That  his  excellency  the  governor,  and  the 


VES. 

NO. 

Eesolves,  1893.— Chaps.  90,  91.  1471 

council,  shall  forthwith  open  and  examine  the  votes  re-  result nsecr. 

1  .  .  ,  1    •  •  •         1      11  •  1  -1       tiilued,  etc. 

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

liesolved,  That  his  excellency  the  governor  be,  and  he  Governor  to 
hereby  is,  authorized  and  requested  to  issue  his  proclama-  uonof^re^s'lluTf' 
tion  forthwith  after  the  examination  of  the  votes  returned  ^'°'®* 
as    aforesaid,    reciting   said    article    of    amendment   and 
announcing  that  said  article  has  been  duly  adopted  and 
ratified   by  the   people   of  the  Commonwealth,  and  thus 
becomes  a  i)art  of  the  constitution  thereof,  and  requiring 
all  magistrates  and  officers  and  all  citizens  of  the  Com- 
monwealth to  take  notice  thereof  and  govern  themselves 
accordingly,  or  that  said  article  of  amendment  has  been 
rejected,  as  the  case  may  be. 

Resolved.  That  a  printed  copy  of  these  resolves,  includ-  p°py'?..^^, 

'  ..'^  1  .  1  transmitted  to 

ing  the  said  article  ot  amendment,  shall  be  transmitted  as  cinesand towns. 
soon  as  may  be  by  the  secretary  of  the  Commonwealth  to 
the  mayors  and  aldermen  of  the  several  cities  and  the 
selectmen  of  the  several  towns  of  the  Commonwealth. 

Approved  May  16,  1893. 


Chap.  90 


Resolve  relating  to   the  passamaquoddy  tribe  of  Indians 

IN   the   state   of  MAINE. 

Resolved,   That  the  governor  be  and  he  is  hereby  re-  PaBsamaquoddy 
quested  to  communicate  with  the  governor  of  the  state  of  *"^^°*^"'*'^"^- 
Maine,  with  the  view  of  ascertaining  the  relation  of  said 
state  of  Maine  to  the  treaty  obligations,  if  any  exist,  of 
this  Commonwealth,  with  reference  to  the  Passamaquoddy 
tribe  of  Indians  in  said  state  of  Maine. 

Approved  May  16,  189 3. 

Resolves  to  phovide  for  a  new  normal  school  building  at  CJJki/j)    QI 

SALEM.  -^  * 

Resolved,  That  the  board   of  education  is  hereby  an- New  normal 
thorized  to  purchase  and  receive  grants  of  land  in  the  city  atsTiem".'  '°^ 


1472 


Resolves,  1893.— Chaps.  92,  93. 


Expenditures. 


Disposal  of  old 
building,  etc. 


Plans  to  be  sub- 
mitted to  gov- 
ernor and  coun- 
cil, etc. 


of  Salem,  in  suitable  quantity,  in  the  name  of  the  Com- 
monwealth, for  the  site  of  a  new  normal  school  building 
for  the  use  of  the  state  normal  school  at  Salem,  and  to 
erect  on  said  site  a  new  school  building  for  the  use  of  said 
school,  and  to  furnish  the  same  with  necessary  appurte- 
nances and  apparatus. 

Resolved,  That  the  sum  of  two  hundred  thousand  dol- 
lars may  be  expended  by  the  board  of  education  for  the 
purposes  hereinbefore  mentioned  :  provided,  that  not  over 
fifty  thousand  dollars  of  said  amount  shall  be  expended  in 
the  year  eighteen  hundred  and  ninety-three. 

Resolved,  That  the  board  of  education  is  hereby  au- 
thorized to  dispose  of  the  present  normal  school  building 
at  Salem  and  the  site  whereon  it  stands,  for  a  sum  not 
less  than  twenty-five  thousand  dollars,  the  proceeds  of 
said  sale  to  be  paid  into  the  treasury  of  the  Common- 
wealth and  to  be  at  the  disposal  of  the  board  of  education 
for  the  purposes  of  these  resolves,  in  addition  to  the 
amount  hereinbefore  authorized. 

Resolved,  That  no  portion  of  the  sums  herein  named 
shall  be  expended  until  plans  shall  have  been  submitted 
to  the  governor  and  council  which  will  satisfy  them  that 
the  expenditure  herein  authorized  will  not  exceed  the 
amounts  stated  in  these  resolves. 

Approved  May  17,  1893. 


GhciT).  92  Resolve  providing  for  repairs  to  workshops  damaged  by 

PIKE   AT    THE    STATE    PRISON. 

State  prison.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  commissioners  of  prisons,  for  repairing 
the  workshops  at  the  state  prison  at  Boston,  damaged  by 
fire  on  the  nineteenth  day  of  April  in  the  year  eighteen 
hundred  and  ninety-three.  Approved  May  17,  1893. 

ChciV.  93  Resolve  to  provide  a  system  of  electric  lighting  for  the 

MASSACHUSETTS   REFORMATORY. 


Massachusetts 
reformatory. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twelve  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  commissioners  of  prisons,  for  the  purpose  of 
establishing  a  system  of  electric  lighting  for  the  Massa- 
chusetts reformatory  at  Concord. 

Approved  May  26,  1893. 


Eesolyes,  1893.  —  Chaps.  94,  95,  96.  1473 


Resolve   rKOvimxG   for   repairs   axd  iMruovEMEXTS  at   the  niin^i    94 

LYMAN  SCHOOL  FOR  BOYS. 

liesolved.  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasuiy  of  the  Commonwealth  a  sinn  not  exceeding  °^  °^''' 
twenty-tliree  thousand  iive  hundred  dollars,  to  be  ex- 
pended at  the  Lyman  school  for  boys  at  Westborough 
under  the  direction  of  the  trustees  thereof,  for  the  follow- 
ing purposes  :  For  building  a  new  cottage  for  the  use  of 
said  school,  a  sum  not  exceeding  seventeen  thousand  dol- 
lars ;  for  introducing  a  new  system  of  sewerage,  a  sum 
not  exceeding  three  thousand  dollars;  for  electric  light- 
ing, a  sum  not  exceeding  twenty-five  hundred  dollars,  and 
for  finishing  and  furnishing  the  new  bakery,  a  sum  not 
exceeding  one  thousand  dollars. 

Aj)proved  June  3,  1893. 

Resolve   providing  for   the   distribution  of  a   portion   of  fi}.f^^    q- 

THE    REPORT    OF    THE    COMMISSION    TO    IMPROVE    THE   HIGHWAYS  "' 

OF  THE   COMMONWEALTH. 

Resolved,  That  any  expense  that  may  be  incurred  in  Report  of  wgh 
the  distribution  of  the  report  of  the  commission  to  im-  slon.*^"™™^* 
prove  the  highways  of  the  Commonwealth,  under  the 
direction  of  the  secretary  of  the  Commonwealth,  as  pro- 
vided for  in  chapter  forty-five  of  the  resolves  of  the 
present  year,  may  be  paid  from  the  unexpended  balance 
of  the  appropriation  authorized  by  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-two,  for  expenses  of  said  commission. 

Approved  June  3,  1893. 

Resolve    providing    for    a    proper   representation   of   the  H'kf^y^    QkC\ 

COMMOfNWEALTH     AT     THE     CONVENTION     OF     COMMISSIONERS     OF  ^ 

FISHERIES   AT   CHICAGO. 

Resolved,    That,  the   United    States    commissioner  of  convention  of 

r.    y        .  1         '  111  ,'  c  •       •  commisBloriers 

fisheries  having  called  a  convention  ot  commissioners  oftisheries. 
of  fisheries  of  the  various  states  to  meet  in  the  city  of 
Chicago  during  the  present  year,  in  order  to  provide  for 
the  proper  representation  of  this  Commonwealth,  the  gov- 
ernor is  hereby  authorized  to  appoint  the  members  of  the 
board  of  commissioners  of  inland  fisheries  and  game  of  this 
Commonwealth,  as  delegates  to  said  convention.  Each 
delegate  so  appointed  shall  be  repaid  from  the  treasury 
of  the   Commonwealth   the    amount    of  such    reasonable 


1474  Resolves,  1893.  —  Chaps.  97,  98,  99. 

travelling  and  other  necessary  expenses  so  incurred  in 
the  discharge  of  his  ofEcial  duty  as  the  goA^ernor  and 
council  may  approve,  to  be  paid  from  the  appropriation 
for  incidental  expenses  of  said  commissioners,  authorized 
by  chapter  sixty-four  of  the  acts  of  the  present  year. 

Approved  June  3,  1893. 

ChdJ).    97   E-ESOLVE    PROVIDING    FACILITIES    FOR   HEAVY    ARTILLERY   DRILL   IN 

ARMORIES   OF  THE   MILITIA. 

Heavy  artillery       Resolved,  That  there  be  allowed  and  paid  from   the 

drill  of  militia.  f       \  /-,  11 

treasury  of  the  Commonwealth  a  sum  not  exceedmg 
twenty-live  hiindred  dollars,  to  be  expended  by  the 
quartermaster  general,  under  the  direction  of  the  gov- 
ernor and  council,  for  the  purpose  of  furnishing  the  nec- 
essary equipment  for  heavy  artillery  drill  in  the  armory 
of  the  first  regiment  of  infantiy,  Massachusetts  volunteer 
militia.  Approved  June  3,  1893. 

QJldTf,  98  K,ESOLVE  TO  PROVIDE  FOR  STRAIGHTENING  THE  BOUNDARY  LINE 
OP  THE  PREMISES  OWNED  BY  THE  STATE  NORMAL  SCHOOL  AT 
FRAMINGHAM. 

fchooi°°'^T'  i?eso?yec?.  That  the  state  board  of  education  be  and  is 

Ingham.  '  hereby  authorized  to  exchange  a  small  parcel  of  land  upon 
the  northerly  side  of  premises  in  Framinghara,  belonging 
to  the  state  normal  school,  with  the  owner  of  the  premises 
adjoining  the  same,  for  the  purpose  of  straightening  the 
dividing  line  ;  said  exchange  to  be  eflected  in  such  equita- 
ble manner  as  the  board  of  education  may  determine  and 
without  expense  to  the  Commonwealth. 

Apptroved  June  5,  1893. 

Chdp.   99  Resolve    in    favor  of   the   messengers   and   pages  of   the 

SENATE   AND   HOUSE   OF   REPRESENTATIVES. 

f^ieH'iiT'  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth,  in  addition  to  the  sums 
now  paid  by  law,  the  sum  of  one  hundred  dollars  each  to 
the  doorkeepers,  postmaster  and  messengers  of  the  senate 
and  house  of  representatives,  the  messenger  and  clerk  of 
the  document  room,  the  messenger  of  the  expenditure 
committee,  the  watchman  and  fireman  of  the  sergeant-at- 
arms,  the  assistants  to  the  clerks  of  the  senate  and  house 
of  representatives,  and  the  two  elevator  men,  and  the 
sum  of  sixty-seven  dollars  to  each  page. 

Approved  June  5,  1893. 


Resolves,  1893.— Chaps.  100,  101,  102.  1475 


Resolve   ruoviniNG   i-oit  kepairs   and  impkovements   at  the  Qhrij)  IQO 

STATE   INOUSTKIAI,   SCHOOL   EOK   GIULS   AT   LANCASTER.  -'^' 

liesolved.  That  there  be  allowed  and  paid  out  of  the  state  industrial 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten  ^^  °°  o''g"'8- 
thousand  five  hundred  dollars,  to  be  expended  l)y  the 
trustees  of  the  state  prinuiry  and  reform  schools,  for  the 
purpose  of  improving  and  repairing  the  heating  apparatus 
and  providing  fire  escapes  and  additional  sleeping  rooms 
at  the  state  industrial  school  for  girls  at  Lancaster. 

Approved  June  5,  1893. 

Resolve  providing  for  the   exa^hnation  and  preparation  (JJicir).\(y\. 

FOR   sale   of   certain   USELESS   SCHEDULES   AND   PAPERS  IN  THE 
POSSESSION   OF  THE   BUREAU    OF   STATISTICS   OF  LABOR. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Bureau  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five  flbor!'"*  ° 
hundred  dollars,  for  the  examination  and  preparation  for 
sale,  under  the  provisions  of  chapter  forty-three  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-seven,  of 
useless  schedules  and  papers  in  the  bureau  of  statistics  of 
labor,  to  be  expended  under  the  direction  of  the  chief 
of  said  bureau.  Approved  June  9,  1893. 


Chap.102 


Resolve  providing  for  printing  the  report  of  the  commis- 
sion APPOINTED  TO  INVESTIGATE  THE  EXISTING  SYSTEMS  OF 
MANUAL   TRAINING   AND   INDUSTRIAL   EDUCATION. 

Resolved,  That    there    be    electrotyped,    printed   and  R?p?rtofcom- 

'  r'         1  iT'(>  mission  on 

bound  in  cloth,  twenty-five  hundred  copies  of  the  report  manual  train- 
of  the  commission  appointed  to  investigate  the  existing  "" 
systems  of  manual  training  and  industrial  education,  with 
plates  and  appendices,  to  be  distributed  as  follows  :  To 
each  member  of  the  general  court,  two  copies  each ;  to 
each  member  of  the  executive  departments  for  the  year 
eighteen  hundred  and  ninety-three,  the  clerks  and  assist- 
ant clerks  of  the  two  branches  of  the  general  court,  and 
each  reporter  assigned  a  seat  in  either  branch,  one 
copy ;  to  the  state  board  of  education,  five  hundred 
copies  ;  to  the  state  library,  fifty  copies ;  to  the  Massa- 
chusetts historical  society  and  the  New  England  historic 
genealogical  society,  one  copy  each ;  to  each  free  public 
library  in  the  Commonwealth  which  is  open  to  the  use 
of  the  city  or  town  where  it  is  situated,  one  copy ;  all  of 


1476  Resolves,  1893.  —  Chaps.  103,  104,  105,  106. 

which  shall  be  distributed  under  the  direction  of  the  sec- 
retary of  the  Commonwealth.  The  remainder  shall  be 
placed  in  the  office  of  said  secretary  to  be  distributed 
according  to  his  discretion.  Approved  June  9,  1893. 

C/Jian.XQ'd  Resolve  to  confirm  the  acts  of  francis  w.  qua  as  a  justice 

OF   THE   PEACE. 

FranciBW.Qua,      Resolved,  That  all  acts  done  by   Francis  W.   Qua  as 

justice  of  the        .         ,  ^    ,  ,  ,  i  •     i     i  f   -i 

peace,  acts  con-  justicc  of  the  pcacc,  between  the  twenty-third  day  or  feep- 
^^^  '  tember  in  the  year  eighteen  hundred  and  ninety-two  and 

the  twenty-seventh  day  of  May  in  the  year  eighteen  hun- 
dred and  ninety-three,  inclusive,  are  herebj^  confirmed 
and  made  valid  to  the  same  extent  as  though  he  had  been 
during  that  time  qualified  to  discharge  the  duties  of  said 
office.  Approved  June  9,  1893. 

ChavA-O^  Resolve  providing  for  finishing  the  extension  of  the  north 

WING  AT   THE   STATE  PRISON. 

State  prison.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  a  sum  not  exceeding 
thirteen  thousand  five  hundred  dollars,  to  be  expended  by 
the  commissioners  of  prisons,  under  the  direction  of  the 
governor  and  council,  in  completing  the  extension  of  the 
north  wing  of  the  state  prison  in  Boston,  being  in  addition 
to  the  amount  authorized  by  chapter  fifty-five  of  the 
resolves  of  the  year  eighteen  hundred  and  ninety. 

Approved  June  9,  1893. 

Ch(lT>»\05  Resolve  providing  for  an  examination  and  definition,  by 

THE  BOARD  OF  HARBOR  AND  LAND  COMMISSIONERS,  OF  THE 
BOUNDARY  LINE  ON  TIDE  WATER  BETWEEN  THE  TOMTsS  OF 
MASHPEE   AND   BARNSTABLE. 

be^t'^eMfMarh-        Besolved,  That  the  board  of  harbor  and  land  commis- 

Btlbfe".^  ^*''°"     sioners   be  directed  to  examine  and  define  the  boundary 

line  on  tide  water  between  the  towns  of  Mashpee  and 

Barnstable  and  report  thereon  to  the  next  general  court. 

Approved  June  9,  1893. 

Chav  106  Resolve  in  favor  of  sumner  d.  seavey. 

Sumner D.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

s«avey.  trcasury  of  the  Commonwealth  to  Sumner  D.  Seavey  of 

Boston,  the  sum  of  three  thousand   dollars,  for  injuries 

received  by  him  while  in  the  discharge  of  his  duties  as  a 


Resolves,  1893.  — Chaps.  107,  108.  1477 

watchman  at  tlie  state  prison  in  Boston  ;  and  that  there 
be  paiil  to  him  for  the  time  he  lias  been  or  may  be  pre- 
vented by  said  injuries  from  discharging  his  duties  as  an 
oflScer  at  the  state  prison,  during  the  year  eighteen  hun- 
dred and  ninety- three,  the  same  salary  to  which  he  would 
be  entitled  if  in  the  actual  performance  of  his  duties  for 
such  time.  Approved  June  9,  1893. 

Resolve  providing  for  certain  equipment,  buildings,  insur-  Hhaj^  107 

ANCE  AND  REPAIRS  AT   THE   MASSACHUSETTS  AGRICULTURAL   COL-  ^  ' 

LEGE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusette 
treasury  of  the  Commonwealth  a  sum  not  exceeding  cfiiegi."^'^*^ 
thirty-eight  thousand  eight  hundred  dollars,  to  be  ex- 
pended under  the  direction  of  the  trustees  of  the  Massa- 
chusetts agricultural  college,  for  the  following  purposes  : 
One  thousand  two  hundred  dollars  for  additional  accom- 
modations in  the  chemical  department ;  one  thousand 
eight  hundred  dollars  to  provide  for  disposal  of  sewage  ; 
three  hundred  dollars  to  renew  the  insurance  on  collections 
contained  therein  which  have  been  loaned  ;  eight  thousand 
five  hundred  dollars  for  building  and  equipping  a  dairy 
school ;  one  thousand  five  hundred  dollars  for  moving, 
repairing  and  re^tting  the  farmhouse  ;  twenty-five  thou- 
sand dollars  for  a  storage  barn,  cow  barn,  sheep  and  hog 
barn,  horse  barn,  implement  storage  barn  and  other  neces- 
sary buildings  ;  and  five  hundred  dollars  for  a  new  floor 
in  the  drill  hall :  provided,  however,  that  not  more  than 
fifteen  thousand  dollars  shall  be  expended  during  the  pres- 
ent year.  Approved  June  9,  1893. 

Resolve  to  provide  for  the  codification  of  certain  statutes  Qhart  108 

which    the   inspection    department    of  the    district   I'OLICE 

IS  required  to  enforce. 

Resolved,  That  the  attorney-general  cause  to  be  codified,  ^^g^erf^n**^ 
consolidated  and  arranged  all  laws  now  in  force  relatino-  specuon  depart- 
to  the  regulation  of  the  hours  of  labor  in  manufacturino-  police. 
and  mechanical  establishments,  the  attendance  of  children 
in   schools,  the    inspection    of  factories,  workshops   and 
public   buildings,  and  all  laws  which  it   is  the   duty  of 
the  members  of  the  inspection  department  of  the  district 
police  to  enforce.     Such  codification,  consolidation   and 
arrangement  shall  be  reported  to  the  next  general  court 
on  or  before  the  second   Wednesday  in  January  next. 


1478  Kesolves,  1893.  — Chaps.  109,  110,  111,  112. 

There  shall  be  allowed  and  paid  out  of  the  treasury  of 
the  Commonwealth,  in  order  to  carry  out  the  provisions 
of  this  act,  such  sums  as  the  governor  and  council  may 
approve  and  allow.  Approved  June  9,  1893. 

ChClV.^OQ  KeSOLVE   relative   to   the   battleship   MASSACHUSETTS. 

Battleship  Resolved,  That  the  orovernor  and  council  be  requested 

MaasachusettB.  -\  ^^        •        ^    a  ij_  t  ij_j_i  a. 

and  authorized  to  select  and  present  to  the  government 
of  the  United  States  a  suitable  and  appropriate  gift  to  be 
placed  in  the  battleship  Massachusetts,  now  in  process  of 
construction,  in  recognition  of  the  honor  paid  the  Com- 
monwealth in  the  selection  of  the  name  of  said  battleship  ; 
and  they  are  hereby  authorized  to  expend  a  sum  not  ex- 
ceeding one  thousand  dollars  for  said  purpose. 

Approved  June  9,  1893. 

ChdvAXO  Resolve   in   favor    of   the   m'idow   of  the   late   robert  i. 

BURBANK. 

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

Robert  I.  Bur-  i.  ,^        r^  ui     j         i  •  i  /•   t^    i  t 

bank.  treasury  oi  the  Commonwealth  to  the  widow  or  liobert  1. 

Burbank,  late  justice  of  the  municipal  court.  South  Bos- 
ton district,  who  died  on  the  sixth  day  of  May,  eighteen 
hundred  and  ninety-three,  the  sum  of  sixteen  hundred 
thirty-six  dollars,  being  the  amount  of  salary  which  the 
said  Robert  I.  Burbank  would  have  been  entitled  to  re- 
ceive had  he  lived  until  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-three. 

Approved  June  9,  1893. 

ChaV  111   I^ESOLVE  IX  ADDITION  TO  THE  RESOLVE  RELATING  TO  THE  WORLD'S 
■^*  COLUMBIAN   EXPOSITION   AT   CHICAGO. 

World's  coiura-      Resolved,  That  the  sergeant-at-arms  be  included  amonof 

bian  exposition.  '       •    i  i 

the  state  officials  to  represent  the  state  government  at 
Chicago  on  the  seventeenth  da}'^  of  June  in  the  year 
eighteen  hundred  and  ninety-three,  as  provided  for  by 
chapter  eighty-eight  of  the  resolves  of  the  present  year. 

Approved  June  9,  1893. 

OJiOT)  112  I^ESOLVE    PROVIDING    FOR    A    CONNECTION    FOR    THE    TRANSFER    OF 

"'  FRUIT  AND   PERISHABLE   FREIGHT  BETWEEN  THE   TRACKS   OF  THE 

NEW    YORK   AND    NEW    ENGLAND    RAILROAD    COMPANY    AND    THE 

NEW  YORK,  NEW    HAVEN    AND    HARTFORD    RAILROAD    COMPANTT. 

Transfer  of  Resolved,  That  the  board  of  railroad  commissioners  is 

between  certain  herel)y  iustructcd  to  procccd  either  upon  the  agreement 

railroads. 


Resolves,  1893.  — CiiAr.  113.  1479 

of  the  New  York  and  New  England  Railroad  Company 
and  the  New  York,  New  Haven  and  Hartford  Railroad 
Company,  or  upon  such  hearinir  as  said  board  shall  order, 
and  detorniine  at  what  jioint  if  any  in  this  Commonwealth 
fruit  and  other  perishable  freight  shall  be  diverted  from 
the  tracks  of  the  New^  York,  New  Haven  and  Hartford 
Railroad  Company  to  those  of  the  New  York  and  New 
England  Railroad  Company  for  speedy  delivery  in  Boston 
at  the  freight  yards  of  the  latter  company  ;  also  the  man- 
ner, extent  and  terms  in,  to,  and  upon  which  such  diver- 
sion and  provision  therefor  by  means  of  the  construction 
of  junction  or  connecting  tracks  shall  be  made,  and  the 
time  for  which  the  arrangement  therefor  shall  continue, 
and  to  prescribe  compensation  for  and  the  terms  and  con- 
ditions u])on  which  the  business  thus  diverted  shall  be 
done  b}^  the  two  companies.  Such  determination  shall  be 
made  by  the  commissioners  within  ten  days  from  the  pas- 
sage of  this  resolve,  and  upon  failure  of  said  companies, 
or  either  of  them,  to  at  once  comply  therewith,  the 
supreme  judicial  court,  or  any  justice  thereof,  upon  peti- 
tion of  either  of  said  companies,  or  of  any  person,  firm 
or  corporation  interested  in  such  freight,  shall  have  juris- 
diction in  equity  to  compel  such  compliance  and  to  issue 
and  enforce  any  decrees  and  orders  to  that  end. 

Approved  June  9,  1893, 


Resolve  providing  that  the  commissioxeks  aitointed  to  in- 
vestigate THE  BURDENS  IMPOSED  ON  THE  COMMONWEALTH  liY 
THE  MIGRATION  OF  PAUPERS  AND  CRIMINALS  REPORT  TO  THE 
NEXT   GENERAL   COURT. 


a/ia/?.113 


Resolved,    That    the   commissioners    appointed   under  Report  of  com- 
chapter  ninety-one  of  the  resolves  of  the  year  eighteen  Sigra°tiorof° 
hundred  and  ninety-two,  providing  for  an  investigation  paupers,  etc. 
of  the  burdens  imposed  on  the    Commonwealth  by  the 
migration  of  dependent  persons,  paupers  and   criminals 
from  other  states,  are  authorized  to  report  the  result  of 
their  investigations,  as  may  seem   best  to  them,  to  the 
next  general  court,  and  that  authority  is  given  to  apply 
so  much  of  the  unexpended  balance  of  the  appropriation 
of  one  thousand  dollars  authorized  to  be  expended  under 
the    provisions    of  said    chapter   ninety-one,   as    may  be 
required  for  the  purposes  of  the  investigation  and  report. 

Approved  Jane  10,  1893. 


1480 


Proposed  A^iendment  to  the  Constitution. 


PROPOSED  AMENDMENT  TO  THE  CONSTITUTION. 


Proposed 
amendment  to 
the  Constitu- 
tion. 


The  followino-  proposed  article  of  amendment  to  the  Constitution 
has  been  officially  certified  aud  deposited  in  the  office  of  the  secretary 
of  the  Commonwealth,  as  required  by  section  32  of  chapter  2  of  the 
Public  Statutes,  and  if  agreed  to  by  the  general  court  next  to  be 
chosen,  in  the  manner  provided  by  the  Constitution,  must  be  sub- 
mitted to  the  i^eople  for  their  ratification  or  rejection  :  — 

Resolve  providing  for  an  amendment  to  the  constitution 
relative  to  commissioners  of  insolvency. 

Resolved,  That  it  is  expedient  to  alter  the  Constitution 
of  the  Commonwealth  by  the  adoption  of  the  subjoined 
article  of  amendment;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
general  court  next  to  be  chosen  ;  and  that  the  said  article 
be  published,  to  the  end  that  if  agreed  to  in  the  manner 
provided  by  the  Constitution,  by  the  general  court  next  to 
be  chosen,  it  may  be  submitted  to  the  people  for  their 
approval  and  ratification,  in  order  that  it  may  become  a 
part  of  the  Constitution  of  the  Commonwealth. 


Commissioners 
of  insolvency. 


ARTICLE    OF    AMENDMENT. 

So  much  of  article  nineteen  of  the  articles  of  amend- 
ment to  the  Constitution  of  the  Commonwealth  as  is 
contained  in  the  following  words  "commissioners  of  in- 
solvency", is  hereby  annulled. 

House  of  Representatives,  March  29,  1893. 
The  foregoing  article  of  amendment  is  agreed  to,  two 
thirds  of  the  members  of  the  house  of  representatives 
present  and  voting  thereon  having  voted  in  the  affirma- 
tive ;  and  the  same  is  referred  to  the  general  court  next 
to  be  chosen.  William  E.  Barrett,  Sj)eaker. 

Senate,  April  7,  1893. 
The   foregoing  article   of  amendment  is   agreed  to,   a 
majority  of  the  senators  present  and  voting  thereon  having 
voted  in  the  afiSrmative  :  and  the  same  is  referred  in  con- 
currence to  the  general  court  next  to  be  chosen. 

Alfred  S.  Pinkerton,  President. 


Resolutions.  1481 


RESOLUTIONS. 


Ox   THE   DEATH   OF   EX-1'HESIDENT   KUTHERFOKD    B.   HAYES. 

IVJiereas,  The  house  of  representatives  of  the  Common-  |^j^'//f|f/J'^ 
wealth  of  Massachusetts  has  learned  with  great  sorrow  and  Hayes. 
regret  of  the  death  of  Kutherford  B.  Hayes,  ex-pres-ident 
of  the  United  States,  whose  term  of  ofBce  filled  the  first 
four  years  of  the  second  century  of  the  republic,  and 
whose  distinguished  services  both  on  the  field  and  in  the 
state  entitled  him  to  the  nation's  most  heartfelt  consider- 
ation as  a  soldier  and  citizen  ;  therefore, 

Resolved,  That  in  the  decease  of  Ex-president  Hayes, 
the  country  suffers  an  irreparable  loss,  another  link  bind- 
ing us  to  the  days  of  rebellion  and  reconstruction  being 
severed. 

Resolved,  That  his  services  as  a  soldier,  winning  as  they 
did  the  highest  encomiums  from  his  superiors  and  deserved 
promotion  from  the  government,  and  his  career  as  a 
scholar  and  a  statesman,  and  his  universally  commended 
conciliatory  course  towards  the  lately  rebellious  states 
during  his  presidency,  demand  from  all  citizens  the  high- 
est tokens  of  esteem  and  admiration. 

Resolved,  That  the  house  of  representatives  tender  to 
the  bereaved  family  its  sincere  sympath3\ 

Resolved,  That  a  copy  of  these  resolutions  be  spread 
upon  the  records  of  the  house  of  representatives,  and  that 
a  copy  be  forwarded  to  his  family. 

In  House  of  Representatives,  adopted  January  20,  1893. 
Resolutions   ox  the  death  of  bexjamix  f.  butler,  ex-gov- 

ERXOR   OF   THE   C0M:M0X WEALTH. 

Resolved,  That  the  general  court  of  the  Commonwealth  5^"?°^®/°£,- 
of  Massachusetts  has  heard  with  profound  emotion  of  the  Butier. 
death  of  General  Benjamin  Franklin  Butler,  formerly  gov- 
ernor of  this  Commonwealth.     In  the  fulness   of  years, 


1482  Resolutions. 

yet  in  the  midst  of  active  labor,  his  great  intellectual 
power  and  vigor  unabated,  still  in  his  mental  prime,  yet 
with  but  few  survivors  of  his  own  day  and  generation,  he 
has  suddenly  laid  down  his  burden  and  passed  away. 

Resolved,  That  the  general  court  recognizes  and  grate- 
fully appreciates  the  value  of  his  devoted  services  to  the 
Commonwealth  in  its  house  of  representatives,  in  its  sen- 
ate, in  the  congress  of  the  United  States  and  in  the  gov- 
ernor's chair.  It  recognizes  —  and  the  state  ought  to 
remember  —  his  never  tiring  interest  and  enthusiasm  in 
her  volunteer  militia,  and  his  service  in  it  in  every  posi- 
tion from  the  lowest  to  the  highest.  Valuable  and  worthy 
of  the  highest  commendation  as  v/as  his  service  in  time  of 
peace,  it  is  far  overshadowed  by  his  services  as  brigadier 
general  and  major  general  in  the  union  army.  His  grate- 
ful fellow  citizens  will  ever  remember  him  as  among  the 
first  to  foresee  and  the  first  to  answer  the  call  to  arms,  as 
most  indefatigable  and  successful  in  rousing  the  patriotic 
fervor  of  the  people,  in  uniting  and  enlisting  them  in  the 
union  cause,  and  as  showing,  from  the  first  gathering  of 
the  war  cloud  till  its  final  dispersion,  an  unflinching, 
dauntless  courage  and  a  patriotic  faith  which  never  fal- 
tered. 

Resolved,  That  the  general  court  hereby  extends  an 
expression  of  its  sincere  sympathy  to  his  family  in  their 
sorrow,  and  directs  that  a  copy  of  these  resolutions  be 
sent  to  them. 

Adopted  in  joint  convention  January  26,  1893. 

Resolutions  on  the  death  of  rutherford  b.  hayes. 

Kut&tfrfo^rd°B.         Wheveas,  It  has  pleased  Divine  Providence  to  remove 
Hayes.  \yy  death  the  Honorable  Rutherford  B.  Hayes,  late  presi- 

dent of  this  nation  ;  therefore 

Resolved,  That  the  senate  of  the  Commonwealth  of 
Massachusetts  desires  to  attest  its  appreciation  of  his 
faithful  and  patriotic  service  to  his  country,  his  brilliant 
record  as  a  soldier  in  defence  of  the  union,  his  intense 
loyalty,  and  his  wise  administration  of  home  and  foreign 
affairs. 

Resolved,  That  the  senate  recognizes  his  strong  and 
dignified  yet  modest  and  retiring  character.  He  was  a 
man  of  liberal  intelligence  and  careful  judgment,  acces- 
sible to  all  ;  and  his  administration  was  marked  by  high 
motive  and  conservative  business  method. 


Kesolutions.  1483 

Resolved,  That  :i  copy  of  these  resohitions  be  sent  to 
his  bereaved  family. 

In  Senate^  adopted  January  30,  1S93. 

Resolution  concerxing  the  seat  of  the  representative  for 
the  fifth  essex  district. 

Resolved,  That  in  the  election  held  on  the  eighth  day  Election  of  John 
of  November  last,  John  Haigh  of  Lawrence  was  dul}^  ren'fe.  ° 
elected  a  representative  to  the  general  court  from  the  fifth 
Essex  district,  and  that  he  is  as  such  entitled  to  a  seat  in 
this  house. 

In  House  of  Representatives,  adopted  February  15,  1893. 

Resolution  on  the  death  of  the  honorable  james  g.  blaine. 

The  announcement  of  the  death  of  James  G.  Blaine,  at  Honorable 

,  .  .  .    .  ,  „  .  James  G. 

the  time  a  private  citizen,  but  tor  many  years  prominent  Biaine. 
in  the  councils  of  state  and  nation,  has  touched  the  hearts 
of  the  American  people,  who  for  a  generation  have  looked 
to  him  for  the  expression  and  support  of  broad  principles 
of  statesmanship,  calculated  to  secure  our  strength  in 
foreign  relations,  prosperity  and  domestic  good  feeling  at 
home.  Outspoken  and  courageous,  a  man  of  original 
conceptions  and  power  of  execution,  he  has  been  pecul- 
iarly admired  by  the  masses  of  our  people,  regardless  of 
political  lines.  As  a  fitting  part  of  the  general  expres- 
sions of  regret  and  grief  at  his  death,  not  paralleled  in 
this  generation,  in  the  case  of  a  private  citizen,  and  in 
accordance  with  the  feeling  of  the  people  of  the  Com- 
monwealth :  — 

Be  it  hereby  Resolved,  by  the  Senate  and  House  of  Representa- 
tives in  General  Court  assembled: 

That  in  the  death  of  James  G.  Blaine  the  nation  has 
lost  a  statesman  of  long  and  brilliant  service,  who  filled 
many  posts  of  high  responsibility  not  only  with  devotion 
to  the  public  interest,  but  w^ith  a  constant  appreciation  of 
the  widening  demands  upon  our  statesmanship  made  nec- 
essary by  the  greater  position  which  the  United  States 
must  assume  in  the  affairs  of  the  world.  Not  trained 
in  arms  or  crowned  with  military  honors,  his  career  has 
demonstrated  how  much  can  be  done  by  peaceful  means 
to  extend  our  influence  and  prestige  to  the  advantage  of 
all  our  domestic  interests.     An  ardent  partisan,  he  dem- 


1^84 


Resolutions. 


onstrated  timidst  the  responsibilities  of  official  position 
that  fairness  and  liberality  which  makes  men  of  all  politi- 
cal beliefs  unite  in  paying  honest  tribute  to  his  memory. 
In  fitting  expression  thereof,  a  copy  of  this  preamble 
and  resolution  is  directed  to  be  spread  upon  the  journal 
of  each  house  and  one  sent  to  the  family  of  the  deceased, 
to  whom,  in  the  midst  of  multiplied  sorrow,  the  sym- 
pathy of  the  people  of  the  Commonwealth  is  respectfully 
tendered. 

In  Senate,  adopted  February  2,  1S93. 

In  House  of  Representatives,  adopted, in  concurrence,  February 
23,  1893. 

ReSOLLTIONS    relative    to    the    annexation    of    the    HAWAIIAN 

ISLANDS. 

Annexation  of        Besolved,  That  it  is  the   sense  of  this  general   court 

Islands.  that  it  is  expedient  that  the  Hawaiian  Islands  should  be 

annexed  to  the  United  States,  and  that  the  interests  of 

the  United  States,  commercially  and  strategetically,  will 

be  promoted  thereby. 

Resolved,  That  copies  of  this  resolution  be  sent  to  the 
presiding  officers  of  both  branches  of  congress,  and  also 
to  the  senators  and  representatives  in  congress  from  this 
Commonwealth. 

In  House  of  Representatives,  adopAed  February  13,  1893. 

In  Senate,  adopted  in  concurrence,  March  2,  1893. 


Portraits  of 
former  gov- 
ernors of  the 
Commonwealth. 


Resolution  concerning  portraits  of  former  governors  of 
the  commonwealth. 

Resolved,  That  the  thanks  of  the  Commonwealth  be 
tendered  Mrs.  Sarah  Parker  Clifford  of  New  Bedford  for 
her  sift  to  the  state  of  a  portrait  of  Governor  John  W. 
Clifford. 

And  to  Jean  Paul  Selinger  for  his  gift  to  the  state  of  a 
portrait  of  Governor  Henry  J.  Gardner. 

And  that  said  portraits,  with  other  portraits  of  former 
governors  which  may  hereafter  be  received,  be  hung  in 
such  places  in  the  state  house  as  the  governor  may  direct. 

In  House  of  Representatives,  adopted  March  17,  1893. 

In  Senate,  adopted  in  concurrence,  March  22,  1893. 


Resolutions.  1485 


Resoi.utiox  kelative  to  the  estaulisiimext  ok  a  government 

TELEOUAPII   AND   TELErilONE   SEUVICE. 

JResolved,  That,  whereas,  the  telegraph  service  of  this  Government 
country  has  become  a  burdensome  monopoly,  under  which  telephone "eer- 
charges  are  exacted  from  the  public  far  exceeding  the  rates  '^'^®* 
for  like  service  in  countries  favored  with  government  lines  ; 
and  whereas,  upon  the  expiration  of  the  telephonic  patents 
now  soon  to  occur  a  similar  monopoly  in  the  transmission 
of  intelligence  by  telephone  is  likely  to  be  established,  as 
grievous  to  the  people  as  that  of  the  telegra{)h  :  therefore, 
the  senate  and  house  of  representatives  of  the  Common- 
wealth of  ^Massachusetts  in  general  court  assembled  request 
the  senators  and  representatives  of  said  Commonwealth  in 
congress  to  make  all  reasonable  efforts  to  secure  the  estab- 
lishment by  the  United  States  of  America  of  a  government 
telegraph  and  telephone  service  for  the  use  and  benefit  of 
its  citizens,  under  civil  service  rules. 

Ill  Senate^  adopted  March  31,  1893. 

In  House  oj  Representatives.,  adopted  in  concurrence,  April  4, 
1893. 

Resolutions  texdeking  the  thaxks  of  the  commoxavealth  to 
edwakd  a.  3i0seley. 

Resolved,  That  the  senate  and  house  of  representatives  Edward  a. 
in  general  court  assembled,  appreciating  the  valuable  ser-  °^^^^- 
vices  rendered  the  cause  of  humanity  by  Edward  A.  Mose- 
ley  of  Newburyport  by  his  untiring  and  efficient  efforts  to 
secure  greater  safety  to  railroad  employees,  hereby  tender 
the  thanks  of  the  Commonwealth  to  him  for  his  sincere 
and  disinterested  labors  to  secure  the  passage  of  the  law 
requiring  railroads  engaged  in  interstate  commerce  to 
equip  their  freight  cars  with  automatic  couplers. 

Resolved,  That  a  copy  of  these  resolutions,  suitably 
engrossed  and  signed  by  the  president  and  clerk  of  the 
senate,  and  the  speaker  and  clerk  of  the  house  of  repre- 
sentatives, be  forwarded  to  Mr.  Moseley. 

In  Senate,  cidopted  April  4,  1893. 

In  House  of  Representatives,  adopted  in  conciirrence ,  April 
10,  1893. 


1486 


Eesolutioxs. 


Hours  of  labor 
of  women  and 
minors  in  tex- 
tile manufactur- 
ing establish- 
ments. 


Resolutions  relative  to  national  legislation  kegulating 

THE   hours   of   labor   OF  AVOMEN  AND   MINORS   IN   TEXTILE   MAN- 
UFACTURING  ESTABLISHMENTS. 

W/ie7'eas,  The  present  want  of  uniformity  in  the  laws 
of  the  several  states  relative  to  the  hours  of  labor  of  per- 
sons employed  in  manufacturing  establishments,  is  highly 
detrimental  to  the  manufacturing  interest  in  those  states 
where  the  restrictions  upon  the  hours  of  labor  are  the 
greatest,  rendering  it  impossible  to  compete  upon  equal 
terms  with  manufacturers  in  other  states,  where  longer 
hours  of  labor  are  permitted  ; 

Resolved,  That  our  senators  and  representatives  in  con- 
gress are  hereby  requested  to  use  their  influence  to  obtain 
the  passage  of  a  national  law  regulating  the  hours  of  labor 
of  women  and  minors  throughout  the  United  States  by  a 
standard  which  shall  be  uniform  in  all  textile  manufactur- 
ing establishments. 

Resolved,  That  a  copy  of  these  resolutions  be  trans- 
mitted to  each  of  the  senators  and  representatives  from 
this  Commonwealth  in  the  congress  of  the  United  States. 

In  House  o/  Representatives,  adopted  April  27,  1893. 

In  Senate,  adopted  in  concurrence.  May  3,  1893. 


Extermination 
of  the  gypsy 
moth. 


Resolution    concerning    the    extermination    of    the    gypsy 

MOTH. 

Whereas,  The  ocneria  dispar  or  gypsy  moth,  an  insect 
pest,  has  found  a  lodgment  in  this  Commonwealth ;  and 
careful  and  persistent  work  is  necessary  to  prevent  its 
spread  over  other  territory  of  the  United  States  :  and  this 
Commonwealth  has  appropriated  and  expended  under  the 
direction  of  the  state  board  of  agriculture,  large  sums  in 
the  work  of  exterminating  said  pest ;  and  said  board 
believes  that  the  sum  of  one  hundred  thousand  dollars, 
appropriated  for  the  year  ending  on  the  first  day  of  March 
in  the  year  eighteen  hundred  and  ninety-four,  is  insufficient 
to  complete  the  extermination  of  said  pest ; 

Resolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts  in  general  court 
assembled,  request  the  senators  and  representatives  from 
this  Commonwealth  in  the  congress  of  the  United  States 
to  urge  upon  congress  the  necessity  of  prompt  and  vigorous 
action  to  exterminate  said  pest,  and  to  use  their  influence 


Resolutions.  1487 

to  secure  from  congress  au  appropriation  of  one  hundred 
thousand  dolhirs  to  assist  this  Connnonwealth  in  defraying 
the  necessary  expenses  of  the  work. 

In  Senate,  adopted  May  16,  1893. 

In  House  0/  Representatives,  adopted  in  concurrence,  May 
19,  1893. 

EeSOLUTIONS  relative   to   the   CHINESE   EXCLUSION   ACT. 

Whereas,  The  act  of  congress  known  as  the  Geary  Law,  Chinese  exciu- 
an  act  to  prohibit  the  coming  of  Chinese  persons  into  the  ^'°°"*''* 
United  States,  approA^d  on  the  fifth  day  of  May  in  the 
year  eighteen  hundred  and  ninety-two,  has  been  declared 
constitutional  by  a  majority  of  the  supreme  court  of  the 
United  States ; 

Resolved,  That  our  congressmen  and  senators  be  re- 
quested to  use  their  influence  for  the  amendment  of  said 
law  so  that  it  shall  work  no  undue  hardship  to  Chinese 
citizens  resident  in  the  United  States. 

Resolved,  That  a  copy  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  the  senators  and  representatives  in  congress 
from  this  Commonwealth. 

In  House  of  Representatives,  adopted  May  31,  1893. 

In  Senate,  adopted  in  concurrence,  June  2,  1893. 


The  general  court  of  1893,  during  its  annual  session,  passed  479 
acts  and  113  resolves  which  received  the  approval  of  his  excellency 
the  governor.  In  addition  to  these,  two  acts  (Chaps.  268  and  334) 
were  laid  before  the  governor  and  failed  to  receive  his  approval,  but 
as  they  were  not  returned  by  him  with  his  objections  thereto,  within 
five  days  after  receiving  the  same,  the  general  court  not  havino- 
adjourned  in  the  meantime,  said  acts  had  '•  the  force  of  a  law,"  under 
the  provisions  of  the  Constitution  governing  such  cases,  and  have 
been  so  certified. 

Two  acts  entitled  respectively,  "  An  Act  relative  to  persons  em- 
ployed in  the  Fire  Department  of  the  City  of  Boston  ",  and  "  An  Act 
to  incorporate  the  town  of  East  Longmeadow  "  were  passed  and  laid 
before  the  governor  for  his  approval  and  were  returned  by  him,  with 
his  objections  thereto,  to  the  branch  in  which  they  respectively  origi- 
nated ;  were  reconsidered,  agreeably  to  the  provisions  of  the  Consti- 
tution, and  the  vote  being  taken  on  passing  the  same,  the  objections 
of  the  governor  thereto  notwithstanding,  they  were  rejected,  two 
thirds  of  the  members  present  and  voting  thereon  not  haA'ing  voted 
in  the  affirmative. 

The  general  court  was  prorogued  on  Saturday,  June  10,  at  6.05 
A.M.  the  session  having  occupied  one  hundred  and"  fifty-eight  days. 


1488  Goyernok's  Address. 


II^AUGUEAL  ADDEESS 


HIS  EXCELLENCY  WILLIAM  E.  EUSSELL. 


At  twelve  o'clock  on  Thursday,  the  fifth  day  of  Janu- 
ary, his  excellency  the  governor,  accompanied  by  his 
honor  the  lieutenant  governor,  the  members  of  the  execu- 
tive council,  and  officers  of  the  civil  and  military  depart- 
ments of  the  government,  attended  by  a  joint  committee 
of  the  two  houses,  met  the  senate  and  house  of  represent- 
atives, in  convention,  and  delivered  the  following:  — 

ADDRESS. 

Gentlemen  of  the  senate  and  house  of  representatives  : 

As  I  enter  upon  the  duties  of  governor  for  the  third 
time,  I  gratefully  express  to  the  people  of  the  Common- 
wealth my  appreciation  of  their  renewed  confidence,  and 
of  the  honor,  dignity  and  responsibility  of  the  trust  they 
have  committed  to  my  charge.  We  all  are  their  servants 
to  do  their  work,  and  should  be  ready  and  anxious  faith- 
fully to  discharge  our  obligation  to  them  by  unselfish 
devotion  to  their  interests. 

In  accordance  with  well-established  custom,  it  is  my 
duty  at  this  time  to  submit  to  you  suggestions  and 
recommendations  for  your  consideration  and  action.  This 
duty  I  construe  to  be  a  privilege  to  deal  with  broader 
matters  than  the  specific  recommendations  of  departments, 
however  important  these  may  be  ;  and  to  suggest  princi- 
ples of  legislation  and  necessary  reforms,  rather  than  per- 
functorily to  endorse  or  transmit  details  of  administration, 
all  of  which  are  ably  and  fully  set  forth  in  the  reports  of 
state  officials  made  directly  to  you. 


Governor's  Address.  1489 

Actinp:  upon  this  view,  it  was  my  privilege  in  addressing 
the  legishiture  of  1891  to  recommend  im})()rtant  and 
fundamental  reforms  in  reference  to  qualifications  for  the 
sullrage,  protection  of  elections  and  legislation  from  im- 
proper infiuences,  relief  from  special  legislation,  greater 
system  and  responsibility  in  administration  and  other 
matters,  —  all  to  the  end  that  law  might  ever  be  the  free, 
true  expression  of  the  people's  Avill,  and  its  administration 
just,  pure  and  honest.  In  181)2,  in  my  inaugural  address 
and  in  special  messages,  I  directed  the  attention  of  the 
legislature  to  the  executive  branch  of  our  government,  to 
the  great  increase  of  its  duties,  the  lack  of  uniformity  or 
system  in  its  organization,  and  its  entire  absence  of  re- 
sponsibility ;  and  I  urged  such  changes  as  would  create 
complete  responsibility  to  the  people  and  would  remedy 
these  evils. 

Some  of  these  recommendations  of  the  past  two  years 
have  become  law.  The  abolition  of  a  property  qualifica- 
tion for  the  office  of  governor  has  followed  the  abolition 
of  a  tax  qualificatioB  for  the  suffrage,  and  neither  restric- 
tion, I  am  glad  to  say,  has  any  longer  a  place  in  the  con- 
stitution of  our  free  Commonwealth.  Wise  laws  to  ffuard 
the  purity  of  elections  and  of  legislation  have  been  passed, 
but  more  stringent  measures  are  necessary  to  accomplish 
the  desired  reforms.  The  use  of  money  in  large  amounts 
for  campaign  purposes  without  restriction  is  still  a  public 
evil ;  and  the  lobby,  if  not  as  notorious  and  scandalous  as 
in  the  past,  still  exists  as  a  malignant  influence,  tainting 
legislation  with  its  corrupting  touch.  I  recommend  legis- 
lation to  define  the  objects  of  expenditure  for  campaign 
purposes,  and  so  restrict  its  amount ;  and  the  most  strin- 
gent treatment  by  law,  on  the  lines  heretofore  suggested 
by  me,  of  the  evil  of  the  lobby,  so  as  to  obviate  its  neces- 
sity, take  away  its  opportunity,  and  give  publicity  to  its 
acts.  I  also  commend  to  your  consideration  the  justice 
of  giving  the  same  recognition  upon  the  official  ballot  to 
any  well-established  and  regularly  organized  political 
party  as  is  now  given  to  the  leading  political  parties  ;  and 
the  expediency  of  repealing  the  law  permitting  a  recount 
of  ballots.  In  my  judgment,  such  recount  is  open  to 
more  serious  objections  and  dangers  than  to  make  the 
count  at  the  polls  final,  as  is  done  generally  in  other 
states.  If  the  recount  is  abolished,  every  eflbrt  should 
be  made  by  legislation  to  ensure  the  absolute  accuracy 


1490  Governor's  Address. 

and  fairness  of  the  original  count.  Other  recommenda- 
tions heretofore  made,  and  not  necessary  here  to  enumer- 
ate, have  been  considered  and  approved  by  your  prede- 
cessors. There  are  still  others  of  importance  not  yet 
adopted,  which  1  again  submit  to  your  careful  and  early 
attention.  Of  these,  I  believe  the  most  important  is  the 
reform  of  the  existing  machinery  for  the  discharge  of 
executive  duties,  —  machinery  now  Avithout  system,  and 
destructive  of  that  executive  responsibility  and  super- 
vision which  the  constitution  devolves  upon  the  governor, 
and  for  the  proper  exercise  of  which  it  meant  to  make  him 
at  all  times  amenable  to  the  people.  I  have  heretofore  so 
fully  considered  this  subject,  and  stated  the  facts  and 
arguments  upon  which  I  based  an  earnest  recommenda- 
tion for  radical  changes,  that  I  need  now  but  briefly  refer 
to  them. 

With  the  exception  of  a  few  elected  officers,  the  admin- 
istrative work  of  the  Commonwealth  is  in  the  hands  of 
boards  and  commissions  composed  of  hundreds  of  mem- 
bers. In  their  creation  no  fixed  principle  of  appointment, 
tenure  or  removal  has  been  followed,  and  no  uniformity 
in  these  respects  exists.  Some  are  unnecessary,  and 
should  be  abolished  ;  others  should  be  systematized  into 
proper  departments,  or  made  subordinate  to  existing 
departments.  Over  many  there  is  no  power  of  removal, 
and  so  of  control,  in  any  authority.  So  far  as  this  power 
is  given  to  the  chief  executive,  its  use  almost  without 
exception  requires  the  concurrence  of  an  executive  coun- 
cil of  nine,  which  concurrence,  as  experience  shows,  prac- 
tically involves  a  trial  of  an  official  upon  formal  charges  ; 
so  that  administration  is  largely  beyond  the  control  of  the 
people,  because  not  subject  to  any  officer  immediately 
responsible  to  them.  Another  year's  experience  has  only 
shown  more  clearly  the  danger,  friction  and  irresponsi- 
bility of  our  present  system  ;  the  absence  of  proper  power 
in  the  governor,  and  so  of  responsible  control  in  the 
people.  Another  year  of  public  discussion  of  this  im- 
portant state  question,  with  past  experience  as  an  object 
lesson,  has,  on  a  direct  appeal  to  the  people,  shown  dis- 
tinctly, I  believe,  their  dissatisfaction  and  demand  for  a 
change.  They  mean  that  the  executive  head  of  the  Com- 
monwealth, their  servant,  shall  be  in  fact  as  in  name  the 
supreme  executive  magistrate,  always  and  solely  respon- 
sible to  them,  and  that  he  shall  have  all  the  powers  com- 


Goyerxor's  Address.  1491 

mensuriitc  with  such  responsibility.  They  repudiate  a 
system  which  devolves  executive  duties,  for  which  he  is 
and  ouiiht  to  be  held  responsible,  upon  bodies  over  which 
he  has  little  or  no  control  or  intluence. 

The  question  of  continuing  in  our  executive  system  an 
elected  council,  which  exists  in  but  three  of  our  forty- 
four  states,  and  here  has  become  the  subject  of  serious 
criticism  and  opposition,  I  submit  to  your  consideration. 
Its  constitutional  power  is  not  important,  and  could  well 
be  exercised  by  other  existing  bodies.  The  power  given 
it  by  legislation  to  control,  concurrently  with  the  governor, 
some  executive  boards  and  departments,  is,  in  its  exer- 
cise, either  perfunctory,  and  so  unimportant,  or,  if  inde- 
pendent, necessarily  divides  responsibility,  and  so  becomes 
inconsistent  with  any  sound  system  of  executive  manage- 
ment. There  are  no  such  peculiar  conditions  of  executive 
work  ill  this  Commonwealth  as  to  require  the  continued 
existence  of  this  now  anomalous  institution.  If,  however, 
its  power  were  properly  limited  to  its  constitutional  duties, 
it  might  perhaps  remain  as  a  harmless  concession  to  a 
conservative,  antiquarian  sentiment.  I  again  renew  the 
suggestions  and  recommendations  I  have  heretofore  made 
upon  this  general  subject :  first,  that  certain  unnecessary 
offices  and  commissions  be  abolished  ;  second,  that  proper 
steps  be  taken  to  simplify  and  systematize  the  machinery 
for  administrative  work  ;  third,  that  administration  be 
placed  upon  a  basis  of  full  responsibility  to  the  people, 
by  vesting  in  the  governor  alone  the  power  to  remove, 
for  cause  stated,  any  executive  officer  appointed  by  him. 
I  also  renew  the  recommendation  thrice  made  by  my  ex- 
perienced predecessor,  governor  Long,  that  the  people 
be  given  an  opportunity  to  express  their  opinion  upon 
the  need  of  an  elected  executive  council,  by  submission  to 
them  of  a  constitutional  amendment  providing  for  its  abo- 
lition. To  these  suggestions  I  urge  your  careful  atten- 
tion, trusting  that  you  will  take  such  wise  and  patriotic 
action  as  will  promote  efficiency  and  responsibility  in  the 
discharge  of  executive  duty. 

STATE    PRISON. 

In  this  connection,  and  at  the  risk  of  tedious  repetition, 
I  submit  for  the  third  time  to  the  consideration  of  the 
legislature  the  immediate  necessity  of  a  change  in  our 


1492  Governor's  Address. 

system  of  prison  control.  The  management  of  the  state 
prison  has  for  years  attracted  the  attention  and  criticism 
of  the  public.  AVhile  I  believe  that  under  its  present 
administration  there  has  been  improvement  in  the  con- 
duct and  discipline  of  the  prison,  notwithstanding  the 
serious  disadvantages  of  its  crowded  condition,  and  the 
confusion  arising  from  new  construction,  yet  its  manage- 
ment, in  my  judgment,  cannot  be  entirely  successful  with- 
out important  changes  in  the  system.  The  first  requisite 
for  a  proper  system  is  power  with  responsibility,  and  this 
at  present  is  lacking.  The  warden  has  no  power  over  his 
principal  subordinates,  except  with  the  concurrence  of 
the  board  of  prison  commissioners.  They  have  no  power 
whatever  over  him,  and  the  governor  little,  if  any,  over 
them.  The  chain  of  effective  responsibility,  from  the 
humblest  officer  up  to  the  people,  is  broken  at  every  link. 
I  aofain  recommend  that  the  warden  be  given  control  of 
his  subordinate  officers,  the  board  of  prison  commissioners 
control  of  him,  and  the  governor  control  of  them.  The 
advantage  of  such  a  change,  as  stated  by  me  nearly  two 
years  ago  in  a  special  message,  will  be  to  "establish  a 
system  of  prison  management  which  gives  to  each  official 
the  power  proper  and  necessary  for  the  discharge  of  his 
duty,  and  to  concentrate  responsibility  where  it  properly 
belongs.  Under  such  a  system,  if  there  is  lack  of  disci- 
pline, insubordination  or  mismanagement  at  the  prison, 
the  subordinate  officers  are  answerable  for  it  to  the  warden, 
who  has  the  power  and  responsibility  of  correcting  the 
trouble.  For  the  proper  exercise  of  his  power  the  warden 
is  answerable  to  the  prison  commissioners,  they  to  the 
governor,  and  the  governor  to  the  people  of  the  Com- 
monwealth." I  again  dwell  upon  this  subject,  not  merely 
because  it  is  one  of  many  illustrations  which  might  be 
given  of  the  inefficiency  and  irresponsibility  of  our  gen- 
eral system  of  administration,  but  also  because  in  this 
instance,  as  the  evil  may  lead  to  serious  consequences,  its 
correction  is  of  pressing  importance.  The  people  should 
know  the  cause  of  the  trouble,  that  they  may  place  the 
responsibility  for  its  continuance  whei'e  it  properly  be- 
longs. 


Governor's  Address.  1493 


EIGHT    OF    LOCAL    SELF-GOVERNMENT    IN    TOWN    AND    CITY. 

The  right  of  self-government  is  an  axiom  of  our  political 
system.  Wherever  this  right  can  be  exercised  directly 
hy  the  people  themselves,  such  exercise  should  be  care- 
fully conserved.  Where  representation  of  the  people  is 
necessary,  the  representative  should  be  directly  and  im- 
mediatclv  responsible  to  them.  In  recognition  of  this 
principle,  I  have  urged  that  greater  executive  power  and 
responsibility  be  placed  upon  the  governor,  not  to  estab- 
lish but  to  prevent  autocratic  rule,  by  giving  to  the  peo- 
ple themselves,  through  their  immediate  representative, 
full  control  of  their  own  atiairs.  In  further  recognition 
of  this  principle,  and  of  the  steadfast  devotion  of  our  peo- 
ple to  home  rule,  as  seen  in  the  formation  and  history  of 
our  Commonwealth,  I  earnestl}^  recommend  that  when- 
ever and  wherever  possible  the  right  of  local  self-govern- 
ment shall  be  left  in  or  restored  to  her  respective  cities 
and  towns. 

The  concise  compact  in  the  cabin  of  the  "  Mayflower," 
creating  "  a  civil  body  politick,"  made  Plymouth  a  fully 
equipped  republic.  As  the  population  grew,  the  little 
bands  of  people  pressed  further  into  the  wilderness,  each 
under  the  lead  of  its  clergyman  ;  and,  clustering  around 
its  meeting-house  and  schoolhouse,  formed  in  every 
settlement  a  self-supporting,  self-governing  community. 
The  puritans  followed  this  example,  and  so,  with  the 
cordial  approval  and  God  speed  of  the  general  court, 
Massachusetts  grew  by  what  one  of  her  most  distinguished 
lawyers  happily  called  a  "  cellular  formation."  She  grew 
from  her  towns  quite  as  much  as  they  from  her.  In  his 
great  work  upon  "The  American  Commonwealth,"  pro- 
fessor Bryce  says:  "  Each  such  settlement  was  called  a 
town  or  township,  and  was  in  fact  a  miniature  Common- 
wealth, exercising  a  practical  sovereignty  over  the  prop- 
erty and  persons  of  its  members,  — for  there  was  as  yet 
no  state,  and  the  distant  home  government  scarcely  cared 
to  interfere,  —  but  exercising  it  on  thoroughly  democratic 
principles.  .  .  .  And  though  presently  .  .  .  the  legisla- 
ture and  governor,  first  of  the  whole  colony,  and,  after 
1776,  of  the  state,  began  to  exert  their  superior  author- 
ity, the  towns  .  .  .  held  their  ground,  and  are  to  this 
day  the  true  units  of  political  life  in  New  England,  the 


1494  Goveknor's  Address. 

solid  foundation  of  that  well-compacted  structure  of  self- 
government  which  European  philosophers  have  admired, 
and  the  new  states  of  the  West  have  sought  to  repro- 
duce." * 

This  right  of  local  self-government,  jealously  asserted 
by  the  towns,  was  ever  cheerfully  recognized  by  the  state. 
To  the  present  day,  in  the  establishment  of  a  town  gov- 
ernment the  legislature  uses  almost  these  identical  words 
of  the  old  colonial  statutes, —  "  and  that  the  same  town 
be  and  hereby  is  vested  with  all  the  powers,  privileges 
and  immunities  that  any  other  of  the  towns  in  this  prov- 
ince do  or  may  by  law  exercise  and  enjoy."  All  towns 
are  placed  upon  an  equality  based  upon  the  right  of  home 
rule.  Legislative  interference  with  an  individual  town  is 
a  discrimination,  and  manifestly  places  such  town  upon 
an  unequal  footing  ;  and  just  to  the  extent  of  such  inter- 
ference is  she  controlled  by  her  sister  towns.  If  a  town 
desires  proper  local  regulation,  she  should  have  the  power 
to  make  it ;  if  she  does  not,  the  other  towns,  through 
united  action  in  the  legislature,  should  not  force  it  upon 
her,  independent  of  a  general  policy  established  by  gen- 
eral law. 

While  the  constitution  of  1780  gives  the  legislature 
power  broad  enough  to  control  municipalities  and  their 
local  concerns,  it  is  evident  throughout  its  provisions  that 
the  framers  regarded  the  towns  as  the  aggregate  constitut- 
ing the  Commonwealth,  and  assumed  that  the  town  right, 
like  the  individual  right,  would  be  impaired  only  under 
circumstances  of  gravest  necessity.  The  Bill  of  Rights 
secures  to  the  people  "the  sole  and  exclusive  right  of 
governing  themselves,"  and,  with  the  constitution,  recog- 
nizes the  town  as  the  existino;  unit  of  self-government. 
In  1820,  by  amendment  to  the  constitution,  authority  was 
given  to  the  general  court  to  erect  and  constitute  city 
governments  in  towns  containing  twelve  thousand  inhabi- 
tants, but  only  with  the  consent  and  upon  the  application 
of  a  majority  thereof.  This  amendment  was  necessary  in 
view  of  the  growth  of  Boston  (then  having  nearly  forty 
thousand  inhabitants),  which  made  the  continuance  of  the 
town  system  of  legislation  and  administration  impractica- 
Ijle  and  inefficient.  Boston,  therefore,  though  with  much 
reluctance  and  considerable  opposition,  by  the  acceptance 

*  Vol.  I.,  p.  562. 


Goveunor's  Address.  1495 

of  a  cit}"  charter  substituted  local  representative  self-gov- 
ernment for  the  democracy  of  the  town  meeting.  The 
change  was  only  one  of  the  form  of  local  self-government. 
It  did  not  alter  the  relation  of  the  city  to  the  Common- 
woalth.  The  legislature  delegated  none  of  its  powers  to 
the  city,  and  the  city  gave  to  the  legislature  no  greater 
control  over  the  municipality.  The  delegation  of  power 
was  by  her  citizens  and  to  the  city,  not  to  the  state.  80 
the  tirst  section  of  the  city  charter  provided  that  "  The 
inhabitants  of  the  town  of  Boston  for  all  purposes  for 
which  towns  are  by  law  incorporated  in  this  Common- 
wealth shall  continue  to  be  one  body  politic  in  fact  and 
name,  .  .  .  and  as  such  shall  ever  exercise  and  enjoy  all 
the  rights,  immunities,  powers  and  privileges,  and  shall 
be  subject  to  all  the  duties  and  obligations  now  incumbent 
upon  and  appertaining  to  the  said  town." 

Decisions  of  our  highest  court  have  repeatedly  held  that 
this  change  from  town  to  city  government  was  only  one 
of  form  and  organization  of  the  municipality,  and  did  not 
aflect  the  extent  of  legislative  control.  Chief  justice 
Shaw,  who  is  understood  to  have  drafted  the  city  charter  of 
Boston,  speaking  in  the  constitutional  convention  of  1820 
of  city  as  distinguished  from  town  government,  declared 
that  "  he  disclaimed  all  idea  of  claiming  powers  or  privi- 
leges for  one  class  of  citizens  which  were  not  equally  ex- 
tended to  another,  but  an  act  of  incorporation  is  equally 
enjoyed  by  all  the  towns  in  the  Commonwealth.  .  .  . 
Every  town  is  to  all  substantial  purposes  a  city.  They 
are  towns  corporate,  having  the  power  of  choosing  their 
own  ofKcers  and  sending  members  to  the  general  court, 
with  jurisdiction  over  all  their  local  and  prudential  con- 
cerns, such  as  the  support  of  schools  and  highways,  the 
relief  of  the  poor,  the  superintendence  of  licensed  houses, 
and  other  matters  of  local  police.  They  have  the  power 
of  making  by-laws  and  assessing  and  collecting  taxes. 
They  possess  all  the  powers  and  privileges  of  municipal 
corporations  in  Great  Britain  or  in  this  country."  This 
language  was  quoted  with  approval  by  chief  justice  Gray 
in  the  elaborate  opinion  in  the  case  of  Hill  v.  Boston,  122 
Mass.  355. 

Until  recent  years  this  division  of  government,  under 
which  the  general  court  controlled  the  general  concerns 
of  the  people,  and  left  to  each  city  or  town  control  of  its 
local  concerns,  was  with  us  universally  recognized  and  re- 


14:96  Governor's  Address. 

spected,  and  received  the  commendation  of  statesmen, 
historians  and  thinkers.  Thomas  Jefferson,  when  study- 
ino;  the  best  form  of  government  for  his  native  state, 
turned  to  New  England  and  said:  "Those  wards  called 
townships  in  New  England  are  the  vital  principle  of  their 
governments,  and  have  proved  themselves  the  w'isest  in- 
vention ever  devised  by  the  wit  of  man  for  the  perfect 
exercise  of  self-government  and  for  its  preservation." 
John  Adams,  the  framer  of  our  constitution,  enumerated 
"  the  towns,  militia,  schools  and  churches  as  the  four 
causes  of  the  growth  and  defence  of  New  England,"  and 
as  the  place  where  "  the  virtues  and  talents  of  the  people 
are  formed."  The  great  French  student  of  our  institu- 
tions, De  Tocqueville,  writes:  "The  townships  are  only 
subordinate  to  the  state  in  those  interests  which  I  shall 
term  social,  as  they  are  common  to  all  the  citizens.  They 
are  independent  in  all  that  concerns  themselves,  and 
among  the  inhabitants  of  New  England,  I  believe  that  not 
a  man  is  to  be  found  who  would  acknowledge  that  the 
state  has  any  right  to  interfere  in  their  local  interests." 
Again  he  says:  "Municipal  institutions  are  to  liberty 
what  primary  schools  are  to  science ;  they  bring  it  within 
reach  ;  the}^  teach  men  how  to  use  and  how  to  enjoy  it. 
A  nation  may  establish  a  system  of  free  government, 
but  without  the  spirit  of  municipal  institutions  it  cannot 
have  the  spirit  of  liberty."  Professor  Bryce  describes  the 
town  meeting  as  "  the  most  perfect  school  of  self-govern- 
ment in  any  modern  country."  John  Fiske,  in  his  "Civil 
Government  in  the  United  States,"  declares  it  to  be  "  the 
form  of  government  most  effectively  under  Avatch  and 
control."  Dr.  Palfrey  in  his  history  insists  that  nothing 
"  has  had  more  influence  on  the  condition  and  the  character 
of  the  people  through  the  eight  generations  of  their  his- 
tory." Judge  Cooley,  the  learned  writer  upon  "  Constitu- 
tional Limitations,"  speaks  of  it  as  "  almost  a  part  of  the 
very  nature  of  the  race  to  which  we  belong."  In  Elliott's 
"New  England"  it  is  said  that  "The  prime  strength  of 
New  England  and  of  the  whole  republic  was  and  is  in  the 
municipal  governments  and  in  the  homes."  It  would  be 
easy  to  nmltiply  such  authorities.  No  thoughtful  student 
or  reader  of  our  history  has  questioned  the  value  of  munici- 
pal self-government,  or  the  necessity  of  maintaining  it  in 
its  full  integrity. 


GovERXOii's  Address.  1497 

I  have  called  your  attention  to  this  familiar  principle 
upon  which  our  system  of  government  was  founded  and 
has  most  successfully  developed,  and  the  universal  com- 
mendation of  it  by  jurist,  historian  and  statesman,  because 
in  recent  years  a  tendency  has  been  developed  to  violate 
the  principle  by  impairing  the  right  of  local  self-govern- 
ment, especially  in  the  largest  city  of  the  Commonwealth. 
The  belief  is  held  by  some  of  our  citizens  that  if  munici- 
pal machinery  seems  for  the  moment  to  be  out  of  gear, 
the  proper  remedy  is  not  to  appeal  to  their  fellow-citizens 
to  repair  it,  but  to  the  legislature  to  take  control  of  it. 
But  state  assumption  of  municipal  functions  cannot  be  as 
wholesome,  just  or  eflfective  as  self-correction  of  municipal 
abuses  ;  and  the  latter  is  certain,  unless  our  people  have 
lost  the  capacity  and  desire  for  good  government  and  self- 
government. 

"While  other  instances  might  be  given,  some  of  which 
occasioned  vetoes  of  bills  passed  by  your  immediate  pred- 
ecessors, the  most  striking  illustration  of  this  tendency 
and  the  most  tiaj^rant  violation  of  this  fundamental  right 
are  found  in  the  law  of  1885,  which  took  into  the  keep- 
ing of  the  Commonwealth  the  control  of  the  police  of 
Boston.  Against  the  wish  of  a  great  majority  of  her  citi- 
zens and  the  protest  of  most  of  her  representatives  in  the 
legislature,  other  members,  representing  constituencies 
under  no  pecuniary  responsibility  for  its  support  and  no 
moral  responsibility  for  its  efhciency,  placed  the  police 
force  of  Boston  in  the  hands  of  state  commissioners,  and 
authorized  them  by  requisition  to  compel  that  city  to  raise 
by  taxation  whatever  sum  in  their  sovereign  judgment 
was  necessary.  Since  then  the  citizens  of  Boston,  repre- 
senting one  tifth  of  the  population  of  the  Commonwealth, 
have  had  no  power  whatever  over  this  most  important 
executive  branch  of  their  government,  no  voice  in  the 
enforcement  of  law',  the  preservation  of  peace,  and  the 
protection  of  life,  liberty  and  property.  Whatever  abuses 
may  exist,  how^ever  inefficient,  partisan  and  scandalous 
such  administration  may  be,  however  coercive  or  un- 
principled in  its  dealings  with  the  interests  under  its 
control,  however  detrimental  to  Boston  and  the  welfare 
of  her  citizens,  they  must  patiently  submit  to  any  wu'ongs, 
content  to  agitate  and  protest,  powerless  to  remedy  or  to 
punish.  No  self-respecting  community  in  the  Common- 
wealth, after  living  and  prospering  under  the  blessings 


1498  Goveenor's  Address. 

of  liberty  and  self-government,  would  permit  without 
emphatic  protest  such  violation  of  their  rights ;  nor  is 
it  easy  to  see  why  they  should  intlict  or  tolerate  it  upon 
their  neighbors.  Naturally  and  fortunately,  such  a  wide 
departure  from  the  spirit  of  our  institutions  and  the  teach- 
ing of  the  fathers  has  brought  only  evil  results.  A  law 
founded  on  a  mistrust  of  the  people,  removing  government 
beyond  their  reach  and  officials  beyond  their  control,  is 
certain  to  lead  to  grave  abuses.  Such  has  been  our  ex- 
perience with  state  control  of  the  police  of  Boston.  The 
board  of  police  by  its  acts  has  deservedly  lost  the  confi- 
dence of  the  citizens  of  Boston  and  of  the  i)eople  of  the 
Commonwealth.  I  again  earnestly  recommend  the  sepa- 
ration of  the  powers  of  this  board  ;  that  the  control  of 
her  police,  which  is  a  purely  administrative  function,  be 
restored  to  the  city  of  Boston  ;  that  the  control  of  licenses, 
which  is  judicial  in  its  nature,  be  placed  in  a  board  of 
such  character,  appointment  and  tenure  as  to  be  judicial 
in  its  action.  It  is  within  your  power  thus  to  correct  a 
serious  evil,  do  justice  to  the  city  of  Boston,  and  a  service 
to  the  whole  community.  I  shall  endeavor  by  executive 
action  to  lift  this  board  out  of  politics,  and  to  give 
assurance  to  the  public  that  the  administration  of  the 
imj:>ortant  interests  under  its  control  shall  be  efficient,  up- 
right, and  free  from  partisan  perversion. 


EXTENSION      OF      LOCAL      SELF-GOVEKNIVIENT      AND      RELIEF 
FROM    SPECIAL    LEGISLATION. 

Due  regard  for  the  right  of  local  self-government 
requires  not  only  non-interference  by  the  state  in  the 
purely  local  afiairs  of  cities  and  towns,  but  also  the  grant 
to  them  of  greater  powers,  in  order  that  there  may  be 
the  most  successful  treatment  and  control  of  the  ever- 
increasing  problems  of  local  concern.  Such  grant  would 
be  both  a  wise  and  just  extension  of  local  self-govern- 
ment, and  in  harmon}'-  with  what  I  believe  to  be  the 
sound  policy  of  substituting,  wherever  possible,  general 
laws  for  special  legislation.  Something  was  accomplished 
last  year  in  this  direction.  General  laws,  providing  for 
the  establishment  of  city  governments,  granting  greater 
powers  to  local  governments  in  the  construction  of 
sewers,  pensioning  of  the  police,  the  raising  of  money 
for   celebrations,   and   the    control    of  the    streets,   were 


Governor's  Address.  1499 

enacted  to  cover  matters  ^vJlich  had  been  the  subject  of 
luany  special  hiws.  A  reference  to  the  acts  of  last  year 
shows  the  need  of  more  legislation  of  this  character.  Of 
its  four  hundred  and  forty  acts,  nearly  one  third  were 
special  laws  passed  upon  the  application  of  twenty-five 
cities  and  eighty-five  towns.  Of  these  acts,  eighteen 
were  to  introduce,  increase  or  improve  water  supplies,  or 
regulate  wat^'r  rates  ;  sixteen  to  authorize  water  debts  ; 
nine  to  refund  indebtedness  ;  seven  to  issue  bonds  ;  ten 
to  confirm  proceedings  of  town  meetings  ;  nine  to  take 
laud  for  public  purposes  ;  seven  relating  to  grade  cross- 
ings, six  to  rights  in  bridges,  four  to  fisheries,  seven  to 
duties  of  officials  ;  and  there  were  many  others  relating 
to  salaries,  sewers,  celebrations  and  other  local  matters. 
There  were  also  eighty-seven  acts  relating  to  other  cor- 
porations, including  many  acts  to  give  authority  to  hold 
additional  property,  increase  or  reduce  capital,  issue 
bonds,  sell  real  estate,  confirm  proceedings,  and  for  the 
incorporation  of  trust  and  water  companies.  A  careful 
examination  will  show,  I  believe,  that  the  authority  and 
proper  control  of  the  state  can  better  be  exercised  over 
many  of  these  matters  through  general  laws,  with  wise 
limitations  and  official  supervision,  than  by  the  constant 
grant  of  special  rights,  powers  or  favors.  The  incorpo- 
ration of  safe  deposit  and  trust  companies,  like  savings 
and  co-operative  banks,  in  my  judgment  should  be  made 
by  general  law,  under  the  scrutiny  and  authority  of  the 
savings  bank  commissioners,  instead  of  being,  as  now,  a 
matter  of  special  legislation  ;  and  I  again  recommend  the 
passage  of  such  a  law.  Other  corporate  matters,  now 
the  subject  of  numerous  special  laws,  you  may  find  can 
wisely  be  covered  by  general  laws.  In  this  connection  I 
ask  you  to  consider  the  expediency  of  providing  by 
general  law  for  the  sale  of  new  railroad  stock  by  auction, 
or  other  disposition  of  it  at  its  market  value  where  such 
value  is  in  excess  of  par,  instead  of  its  distribution  to  its 
stockholders  at  par  as  now  permitted.  My  reasons  for 
believing  such  law  to  be  wise,  just  and  for  the  public 
interest  I  have  fully  stated  in  a  special  message  to  the 
legislature  of  May  9,  1892,  vetoing  "An  act  to  authorize 
the  Connecticut  River  Railroad  Company  to  increase  its 
capital  stock." 

The  passage  of  a  general  law  in  reference  to  public  water 
supplies,  to  regulate  grants,  to  establish  proper  authority 


1500  GovERXOii's  Address. 

to  examine  and  determine  the  rights  of  conflicting  claim- 
ants, and  to  provide  for  the  broad  and  just  treatment  of 
the  whole  subject  as  well  as  for  the  details  of  water  rates 
and  debts,  now  the  subject  of  special  legislation,  is  each 
}^ear  becoming  more  urgent.  But  more  fundamental  and 
important  are  the  preservation  and  extension  of  the  right 
of  local  self-government,  by  the  grant  under  general  laws 
of  further  powers  to  cities  and  towns  to  deal  with  fran- 
chises, taxation,  extension  of  municipal  work,  and  other 
matters  of  a  local  character,  leaving  to  each  community 
to  determine  the  expediency  of  availing  itself  of  these 
enlarged  powers. 

This  principle  of  home  rule,  which  asserts  that  the  high- 
est efliciency,  greatest  social  happiness  and  political  con- 
tentment are  obtained  by  local  control  of  home  affairs, 
need  not,  and  does  not,  conflict  with  the  establishment  by 
the  state  of  a  general  policy  in  any  field  of  public  work, 
nor  with  her  creation  of  such  machinery  of  local  govern- 
ment as  she  deems  expedient.  It  does  require  that  the 
working  of  that  machinery  shall  be  left  to  the  local  author- 
ity, and  be  under  the  check  and  control  of  the  local  con- 
stituency. 

METROPOLITAN    QUESTIONS. 

Nor  does  this  principle  overlook  the  fact  that  there  are 
public  matters,  afl"ecting  the  interests  of  a  number  of  com- 
munities, where  necessary  union  of  action  can  be  accom- 
plished only  by  the  interposition  of  a  superior  authority. 
In  such  cases,  in  the  absence  of  some  comprehensive 
method  of  mutual  action,  state  control  is  necessary.  The 
questions  are  not  local  but  metropolitan  in  their  character, 
and  the  whole  population  affected  must  be  considered  and 
made  one  community  for  their  successful  solution.  The 
tendency  of  our  modern  civilization  is  to  build  up  clusters 
of  communities  around  a  central  dominating  city,  each  with 
its  local  needs  and  aspirations,  but  these  often  subordinate 
to  its  interests  as  a  member  of  the  group  to  which  it  be- 
longs. This  at  present  is  the  relation  of  Boston  to  the 
surrounding  cities  and  towns,  and  may  soon  be  the  posi- 
tion of  other  fast-growing  centres  of  population  in  this 
Commonwealth.  It  has  led  to  metropolitan  problems  of 
great  and  pressing  importance,  which  have  been  recog- 
nized and  treated  as  proper  subjects  for  state  action,  and, 
therefore,  so  far  as  they  are  still  unsolved,  will  demand 
your  most  careful  consideration. 


Governor's  Address.  1501 


METROPOLITAN    SEWEEAGE. 

The  problem  of  proper  sewerage  for  the  metropolitan 
district  along  the  Charles  and  INIystic  rivers  has  been  suc- 
cessfully met  In-  the  creation  by  the  state  of  a  metropoli- 
tan system  now  under  construction. 

METROPOLITAN    RAPID    TRANSIT. 

Of  the  metropolitan  questions  still  unsettled,  none  is 
more  imi)ortant  or  pressing  than  that  of  rapid  transit. 
Recently  this  subject  has  been  carefully  and  thoroughly 
investigated  by  a  commission  created  by  the  legislature 
of  1891.  Its  very  able  and  suggestive  report,  with  im- 
portant plans  and  recommendations,  was  made  to  the 
legislature  of  1892,  but  so  late  in  the  session  that  it  was 
deemed  best  to  refer  the  matter  to  you.  I  commend  it  to 
your  most  careful  consideration,  in  the  earnest  hope  that 
your  ellbrts  will  result  in  some  solution  of  a  problem 
which  atfects  most  seriously  the  convenience,  happiness 
and  welfare  of  many  of  our  people.  Cheap  and  rapid 
transit  for  the  residents  of  the  metropolitan  district  of 
Boston  is  no  less  important  as  a  social  and  sanitary  bless- 
ing than  as  an  economic  and  industrial  necessity.  It 
would  surely  and  effectively  tend  to  dissipate  the  crowded 
centres  of  sickness,  misery  and  vice,  which  so  readily 
gather  in  the  hearts  of  our  great  cities.  Make  transit  to 
the  suburbs  eas}',  swift  and  cheap,  and  the  squalid  tene- 
ment houses  of  the  city  cannot  compete,  as  experience 
shows,  with  the  attractions  of  a  country  home.  Life 
then  will  be  developed  under  conditions  more  favorable 
to  physical  health  and  sound  morals,  while  the  central 
city  will  be  relieved  of  densely  populated  areas,  where 
disease  and  crime  may  flourish.  To  the  poor  this  will 
give  more  of  fre?h  air  and  sunshine,  cheaper  land  or  rent, 
and  so  cheaper  cost  of  living,  under  healthier  and  happier 
conditions.  The  industrial  gain  from  better  transit  is  too 
apparent  to  need  extended  statement.  It  means  greater 
facility  in  the  transaction  of  business,  and  its  consequent 
extension  ;  and  to  the  whole  community  a  saving  of  time 
and  labor,  with  greater  comfort  and  convenience.  Street 
blockades  in  Boston,  slow  transit,  insufficient  accommo- 
dations, either  in  transit  or  at  terminal  stations,  are  quite 
as  much  an  annoyance  and  loss  to  the  residents  of  the 


1502  Governor's  Address. 

suburban  cities  and  towns  as  to  the  residents  of  Boston. 
Because  of  this  interest  of  many  municipalities  in  the 
matter,  if  not  their  responsibility  for  its  solution,  it  re- 
quires treatment  sufficiently  broad  to  cover  the  entire 
field,  by  an  authority  which  can  compel  concert  of  action. 
Under  existing  conditions  this  can  spring  only  from  the 
state,  but  it  should  be  sustained  and  enforced  by  the  will- 
ing cooperation  of  all  the  communities  interested.  The 
time  has  fully  come  for  action.  Further  delay  only  com- 
plicates the  problem,  and  makes  its  solution  more  difficult 
and  expensive. 

METROPOLITAN    PARKS. 

Among  other  metropolitan  questions  which  may  soon 
demand  attention  are  those  of  parks,  water  supply  and 
highways.  Under  the  provisions  of  an  act  of  last  year,  a 
metropolitan  park  commission  was  appointed  to  consider 
the  advisability  of  laying  out  ample  open  spaces  for  pub- 
lic use  in  the  towns  and  cities  in  the  vicinity  of  Boston. 
As  required  by  the  act,  the  commission  will  early  in  the 
present  session  report  a  comprehensive  plan  for  laying 
out,  acquiring  and  maintaining  such  open  spaces.  The 
subject  is  one  of  great  and  increasing  public  interest. 
With  the  opportunity  thus  to  improve  river  basins,  pro- 
tect the  sources  of  water  supply  from  pollution,  and  guard 
the  public  health,  as  well  as  to  furnish  to  a  crowded  popu- 
lation breathing  spaces  for  exercise  and  recreation,  the 
subject  not  merely  affects  the  beauty  and  comfort  of  a 
locality  and  the  happiness  of  its  people,  but  becomes  an 
essential  factor  in  the  well  being  and  prosperity  of  a 
modern  city.  If  anything  is  to  be  done,  the  sooner 
action  is  taken  by  proper  authority  the  better.  Ample 
reservations,  such  as  the  Middlesex  Fells  and  the  Blue 
Hill  forest,  can  now  be  secured  at  reasonable  cost.  Un- 
less secured  now,  these  and  other  like  tracts  are  likely 
to  be  lost  by  occupation  for  other  purposes,  or  later  can 
be  secured  only  at  very  great  expense. 

METROPOLITAN    WATER    SUPPLY. 

The  subject  of  a  water  supply  for  the  metropolitan  dis- 
trict of  Boston,  including  by  that  term  the  territory  within 
ten  miles  of  the  state  house,  may  in  the  near  future  de- 
mand serious  attention.     The  present  population  of  the 


Governor's  Address.  1503 

district  is  al)out  nine  hunclrod  thousand.  "While  some 
places  within  it  have  an  excellent  water  supply  sufHcient 
for  many  years,  yet  I  am  informed  by  competent  author- 
ity that  the  total  available  supply  of  pure  water  within 
reasonable  distance  is  probably  only  enough  for  the  con- 
sumption and  need  of  a  population  of  one  million  tive  hun- 
dred thousand,  which  number  may  be  reached  in  fifteen 
years.  In  view  of  future  necessities,  it  may  seem  to  you 
prudent  to  make  now  preliminary  investigations  to  deter- 
mine the  best  source  of  water  supply  for  the  entire  metro- 
politan area. 

IMPROVEMENT    OF   HIGHWAYS. 

The  improvement  of  our  highways  is  another  subject 
which  will  require  your  consideration.  This,  of  course, 
is  largely  a  matter  of  local  duty,  under  the  control  of 
local  authorit3^  But  it  is  also  of  such  general  interest 
and  importance  that  the  state  last  year  established  a  com- 
mission to  consider  the  best  and  most  practicable  method 
of  construction  and  maintenance  of  highways,  and  what 
legislation  is  necessary  for  their  improvement.  The 
commission  will  report  to  you  the  results  of  its  careful, 
thorouah  investigation.  The  evident  need  and  demand  for 
the  improvement  of  our  highways,  and  of  more  systematic, 
uniform  methods  in  their  construction  and  maintenance, 
require  careful  attention. 

EDUCATION,    LABOR,    AGRICULTURE. 

These  important  interests  of  the  Commonwealth,  over 
which  she  has  ever  exercised  watchful  care,  demand  and 
will  receive,  I  am  sure,  your  earnest  attention,  with  every 
desire  to  maintain  in  their  full  vigor  and  integrity  our 
great  institutions,  and  by  wise,  progressive  legislation  to 
promote  the  welfiire  of  the  farmer,  the  wage  earner  and 
all  the  people.  Without  repeating  in  detail  the  recom- 
mendations heretofore  made  by  me  upon  these  subjects,  I 
refer  them  to  your  consideration. 

MILITIA. 

The  militia  of  the  Commonwealth  has  during  the  past 
year  been  drilled  under  the  new  regulations  adopted  by 
the  general  government,  and  has  maintained  its  efficient 
condition.      It   has    been    proposed    during    the    world's 


1504  Governor's  Address. 

Columbian  exposition  this  year  to  mobilize  in  Chicago 
the  militia  of  the  country  for  instruction.  As  yet  no 
definite  plan  has  been  formulated,  but  it  is  suggested  to 
muster  the  troops  by  a  call  from  the  president  of  the 
United  States  for  a  period  of  fifteen  days,  under  command 
of  officers  of  the  United  States  army,  the  government  to 
furnish  transportation  and  rations.  I  believe  such  mus- 
ter, under  careful  regulations,  with  the  necessary  prepara- 
tory drill  and  discipline,  will  be  of  service  to  our  militia, 
and  I  urge  your  cooperation  in  the  matter.  Should  the 
troops  of  Massachusetts  be  so  mustered,  I  assume  that 
their  regular  encampment  here  would  be  omitted.  An 
addition  to  the  annual  appropriation  will  probably  be 
necessary  to  carry  out  the  plan. 

LAND    REGISTRATION    AND    TRANSFER. 

I  regret  that  little  or  nothing  has  yet  been  done  to 
reform  our  system  of  land  registration  and  transfer.  At 
present  serious  delay  and  expense,  constant  reexamina- 
tion, and  then  possible  insecurity,  attend  a  system  where 
freedom,  security  and  cheapness  are  most  desirable  and 
for  the  public  interest.  I  cannot  doubt  that  the  ability 
and  ingenuity  of  our  people  can  devise  or  adapt  some 
system  to  remedy  these  admitted  evils.  The  Torrens 
system  of  registration  of  titles,  the  general  features  of 
which  were  fully  stated  by  me  in  a  message  to  the  legis- 
lature of  IbOl,  has  proved  to  be  a  simple,  safe  and  admir- 
able plan  of  land  transfer  in  Australia  and  other  countries 
where  it  has  long  been  used.  I  commend  it  to  your  con- 
sideration, in  the  belief  that  further  investigation  will 
show  that  the  principles  of  this  system  can  be  adopted 
here,  or  at  least  that  important  changes  can  Avisely  be 
made  in  our  present  cumbersome  methods  of  land  trans- 
fer. An  able  commission  recently  appointed  in  the  state 
of  Illinois  has  recommended  the  adoi)tion  of  this  system 
there. 

FAST    DAY. 

A  memorial  concerning  Fast  Day,  signed  by  prominent 
representatives  of  religious  denominations  and  colleges 
within  the  Commonwealth,  was  submitted  to  the  last 
legislature  late  in  its  session,  and  by  it  referred  to  you. 
It  is  worthy  of  3'our  careful  consideration.  IMassachu- 
setts,  in  her  inception,  growth  and  development,  as  well 
as   in  her  constitution,  is  emtihatically  a  Christian  com- 


Governor's  Address.  1505 

monwealth.  The  Bill  of  Rights  declares:  "It  is  the 
right  as  well  as  the  duty  of  all  men  in  society  publicly 
and  at  stated  seasons  to  worship  the  Supreme  Being,  the 
great  Creator  and  Preserver  of  the  Universe."  True  to 
the  religious  character  of  their  origin,  and  in  accordance 
with  the  union  of  church  and  state  which  they  established, 
and  which  for  a  half  century  in  a  mild  and  tolerant  form 
existed  under  our  constitution,  our  pious  fathers  with 
entile  unanimity  early  instituted  the  custom  of  setting 
apart  annually  by  public  authority  a  day  to  be  observed 
as  "  a  day  of  public  fasting,  humiliation  and  prayer  to 
Almighty  God."  Each  year  the  governor,  with  the 
advice  and  consent  of  the  council,  appoints  this  day,  and 
requests  its  due  and  appropriate  observance  by  the  peo- 
ple, and  the  statute  provides  that  all  public  business  shall 
he  suspended  thereon.  But  in  the  progress  of  time  with 
its  changes  of  custom  and  feeling,  in  the  growth  of  the 
Commonwealth  with  diversity  of  religious  sentiment  and 
of  race,  in  the  entire  separation  now  of  church  and  state, 
or  perhaps  for  the  better  and  higher  reason  of  a  more 
general  observance  of  the  great  and  solemn  historic  fast 
of  the  universal  church,  or  of  others  suggested  by  deep 
religious  sentiment  according  to  the  dictates  of  con- 
science,—  whatever  the  cause,  the  fact  is  clear  that  the 
annual  state  fast  has  come  to  be  generally  disregarded,  or 
deflected  from  its  original  and  grateful  purpose.  It  has 
become  little  else  than  a  holiday.  It  seems  inconsistent 
with  sound  public  and  religious  sentiment,  and  almost 
irreverent,  to  require  a  day  to  be  set  apart  by  public 
proclamation  to  a  most  solemn  purpose,  when  it  is  well 
known  that  it  will  not  be  so  observed.  I  therefore  sug- 
gest whether  you  may  not  properly  sever  the  secular 
duties  of  the  state  from  the  spiritual  obligations  of  the 
churches  and  the  people  by  providmg  another  legal  holi- 
day in  the  spring  of  the  year,  leaving  to  voluntary  action 
the  recognition  and  reverent  observance  either  of  the  relig- 
ious fast  of  Good  Friday,  or  of  such  other  day  of  fasting, 
humiliation  and  prayer  as  the  various  churches  and  relig- 
ious communities  in  the  Commonwealth  may  at  any  time 
appoint  for  themselves.  To  accomplish  the  change  it  is 
only  necessary  to  strike  out  the  words  "fast  day"  from 
our  existing  statutes  prohibiting  or  regulating  public  or 
other  business  on  holidays.  After  such  legislation  the 
governor  and  council  no  doubt  would  assume  that  they 


1506  Governor's  Address. 

were  not  required  to  appoint  such  day.     In  its  pi 
spring  holiday  I  would  recommend  the  selection  of  the 
historic  19th  of  April. 

RECIPROCITY    WITH    CANADA. 

The  establishment  of  closer  trade  relations  between  the 
United  States  and  the  Dominion  of  Canada  is  a  matter  of 
much  importance  to  this  Commonwealth.  On  few  sub- 
jects is  there  a  stronger  interest  or  greater  unanimity  of 
sentiment  among  our  citizens.  To  our  manufacturers  and 
merchants  it  will  give  the  opportunity  for  a  large  exten- 
sion of  trade,  by  opening  to  them  an  important  and  profit- 
able market,  and  an  abundant  supply  of  the  raw  materials 
necessary  for  our  various  industries.  A  broad  measure 
of  reciprocity  with  Canada  would  make  Massachusetts, 
and  especially  Boston,  the  industrial  and  commercial 
centre  of  a  greatly  enlarged  territory,  add  to  our  pros- 
perity and  wealth,  and  to  the  welfare  of  our  people. 
While  the  settlement  of  the  question  is  beyond  your 
power,  I  believe  it  would  be  both  proper  and  wise  to 
express  to  congress  by  resolution  this  opinion  of  Massa- 
chusetts upon  it. 

Senators  and  representatives. — We  meet  at  a  time 
of  useful  agitation,  when  more  than  ever  the  people  are 
discussing  political,  industrial  and  social  questions  with 
searching  intelligence  and  fearless  independence.  Appre- 
ciating the  importance  of  these  matters  to  their  welfare, 
and  the  power  of  government  over  them,  the  people 
rightly  demand  that  so  far  as  public  authority  undertakes 
to  act,  its  power  shall  be  used  in  iheir  interest  and  be 
kept  under  "  their  watch  and  control." 

We,  as  their  representatives,  are  confronted  not  only 
with  old  and  difhcult  but  with  new  and  unsolved  prob- 
lems. To  their  consideration,  however  our  opinions  may 
vary,  I  doubt  not  we  shall  bring  honest  conviction, 
patriotic  purpose  and  a  sincere  desire  to  promote  the 
public  welfare.  Under  such  influences,  with  due  regard 
for  the  needs  of  the  present  but  also  for  the  conservative 
principles  and  practical  wisdom  of  the  past,  led  by  the 
"  kindly  light"  which  the  Supreme  Lawgiver  ever  vouch- 
safes to  his  dependent  children,  let  us  step  forth  into  this 
new  year  with  hope,  courage  and  enthusiasm  to  meet  the 
new  duties  and  the  new  responsibilities. 

God  save  the  Commonwealth  of  Massachusetts,  and 
keep  us  steadfast  in  her  service. 


Special  Messages.  1507 


SPECIAL  MESSAGES. 


THE     FOLLOAVIXG     SPECIAL    COMMIINICATIONS     WERE    MADE    BY    HIS 

EXCELLENCY   THE   GOVERNOR   TO   THE   LEGISLATURE 

DURING  THE  ANNUAL  SESSION. 

[To  tbe  senate  and  house  of  representatives,  Jan.  9,  1893.] 
I  have  the  honor  to  present  herewith,  in  compliance 
with  chapter  50  of  the  resolves  of  1860,  a  report  of  the 
pardons  issued  by  the  governor,  with  the  advice  of  the 
executive  council,  during  the  year  of  my  administration 
just  closed.  The  number  of  prisoners  thus  released  is 
fifty-nine.  Sixteen  were  in  the  state  prison,  fifteen  in 
the  Massachusetts  reformatory,  three  in  the  reformatory 
prison  for  women,  one  each  in  the  state  farm  and  Worces- 
ter lunatic  hospital,  and  twenty-three  in  houses  of  correc- 
tion. Sickness  was  the  controlling  reason  for  the  discharge 
of  sixteen,  six  of  whom  have  died.  All  of  these  have  been 
granted  with  the  unanimous  consent  of  the  council. 

WM.    E.   RUSSELL. 

No.  1.  George  A.  Spence.  Convicted  of  beins'  a 
common  drunkard,  Police  Court,  Chelsea,  April  13, 
1891.  Sentenced  to  the  Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  Jan.  13,  1892, 
upon  the  recommendation  of  the  justice  who  imposed  the 
sentence  and  the  chief  of  police  of  Chelsea,  who  believed 
that  he  had  been  sufficiently  punished,  and  that  he  and 
his  family,  who  were  in  very  destitute  circumstances, 
would  i)e  much  benefited  by  his  release. 

No.  2.  Joseph  R.  French.  Convicted  of  larceny. 
Municipal  Court,  Boston,  June  16,  1890.  Sentenced 
to  the  Massachusetts   reformatory  on    an    indeterminate 


1508  Special  Messages. 

sentence.  Pardoned  Jan.  20,  1892.  The  crime  con- 
sisted of  the  hirceny  of  "  one  silver  coin  of  the  value  of 
twenty-five  cents."  His  parents  were  not  notified  of  his 
arrest,  and  he  consequently  w^as  w^ithout  counsel  at  his 
trial.  He  had  never  before  been  arrested.  The  pardon 
committee  were  of  the  opinion  that  the  eighteen  months' 
imprisonment  he  had  already  served  was  sufficient  for 
the  crime  committed. 

No.  3.  William  W.  Rideout.  Convicted  of  drunk- 
enness, Second  District  Court,  Eastern  Middlesex,  Oct. 
30,  1891.  Sentenced  to  the  Massachusetts  reformatory 
on  an  indeterminate  sentence.  Pardoned  Feb.  3,  1892. 
The  pardon  committee  were  satisfied  that  Rideout  had 
been  sufficiently  punished  for  the  offence  committed,  and 
believed  that  he  would  hereafter  refrain  from  the  use  of 
intoxicating  drink.  Pardon  was  recommended  by  the 
city  marshal  of  Waltham  and  probation  officer. 

No.  4.  Frank  J.  Bedard.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  county,  February 
term,  1891.  Sentenced  to  the  house  of  correction  for 
eighteen  months.  Pardoned  Feb.  4,  1892.  The  prisoner 
had  less  than  five  months  of  his  sentence  to  serve.  A 
good  home  and  immediate  employment  awaited  his  re- 
lease. This  was  his  first  offence.  It  was  believed  that  a 
pardon  would  tend  to  encourage  him  to  lead  an  upright 
life  and  become  a  good  citizen. 

No.  5.  Charles  F.  Carter.  Convicted  of  larceny, 
Police  Court,  Newton,  June  8,  1891.  Sentenced  to  the 
Massachusetts  reformatory  on  an  indeterminate  sentence. 
Pardoned  Feb.  4,  1892,  upon  the  recommendation  of  the 
justice  who  imposed  the  sentence,  the  probation  officer, 
arresting  officer,  complainant  and  commissioners  of 
prisons,  on  the  ground  that  the  representations  made  to 
the  court  at  the  trial  regarding  the  previous  character  of 
the  defendant  were  not  true,  and  believing  that  the  boy 
had  been  sufficiently  punished  for  the  crime  committed. 

No.  6.  John  Row  an.  Convicted  of  larceny,  Superior 
Couit,  Berkshire  county,  Jan.  24,  1890.  Sentenced  to 
thrv'C  and  one  half  years  in  state  ])rison.  Pardoned  Feb. 
10,  1892,  upon  the  recommendation  of  the  district  attor- 


SrEciAL  Messages.  1509 

ney  who  prosecuted  the  case,  who  certified  "that  at  the 
time  of  Kowan's  isenteiice  perhaps  he  had  made  a  mi:stake 
in  not  sug-gesting  a  lighter  sentence,  and  that  in  the  house 
of  correction."  He  was  strongly  of  the  opinion  that 
Rowan  had  been  sufficiently  })anished,  and  personally 
appeared  to  urge  a  pardon. 

No.  7.  Henry  B.  Blue.  Convicted  of  embezzlement, 
Superior  Coiirt,  Suffolk  county,  March  term,  1891.  Sen- 
tenced to  state  prison  for  four  years.  Transferi'ed  to  the 
Massachusetts  reformatory  Sept.  11,  1801.  Pardoned 
Feb.  11,  1892.  The  prisoner  was  suffering  from  pulmo- 
nary consumption.  Unless  released,  it  was  the  opinion 
that  his  death  would  ensue  in  a  short  time. 

No.  8.  John  Wood.  Convicted  of  violating  the 
license  law,  Superior  Court,  Middlesex  county,  Dec.  11, 
1891.  Sentenced  to  the  house  of  correction  for  four 
months,  and  to  pay  a  fine  of  fifty  dollars.  Pardoned  Feb. 
11,  1892.  Wood  was  seventy  years  old,  a  cripple,  and 
seriously  ill  with  consumption,  with  no  prospect  of 
recovery. 

No.  9.  John  Sullivan.  Convicted  of  breaking  and 
entering,  Superior  Court,  Essex  county,  Oct.  17,  1890. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned March  9,  1892.  The  prisoner  was  sufiering  from 
phthisis  and  gradually  but  surely  failing.  It  was  hoped 
that  a  pardon  might  prolong  his  life.     He  died  April  9. 

No.  10.  Annie  PiCKARD.  Convicted  of  stubbornness, 
Second  District  Court,  Bristol  county,  Dec.  23,  1891. 
Sentenced  to  the  reformatory  prison  for  women  for  fifteen 
months.  Pardoned  March  16,  1892,  upon  the  recom- 
mendation of  the  justice  who  imposed  the  sentence,  the 
probation  officer  and  the  commissioners  of  prisons.  The 
complaint  was  made  by  the  father  in  a  fit  of  anger,  and, 
had  all  the  circumstances  been  brought  to  the  attention  of 
the  court,  she  would  undoubtedly  have  been  placed  on 
probation. 

No.  11.  Edavard  H.  Welch.  Convicted  of  robbery, 
Superior  Court,  Suffolk  county,  October  term,  1882,  and 
escape,  May  term,  1885.     Sentenced  to  state  prison  for 


1510  Special  Messages. 

ten  years  for  robbery  and  three  years  for  escape.  Par- 
doned March  16,  1892,  upon  the  recommendation  of  the 
justice  who  imposed  the  sentence  for  escape  and  the 
district  attorney.  It  appeared  that  Welch  had  served  the 
full  term  for  which  he  was  originally  sentenced,  and 
nearly  two  years  of  the  sentence  for  escape.  The  justice 
in  passing  sentence  intended  to  give  him  the  minimum 
sentence  for  the  escape,  which  is  one  year ;  by  some  mis- 
understanding the  maximum  sentence  of  three  years  was 
imposed. 

No.  12.  Agnes  Bailey.  Convicted  of  drunkenness, 
Superior  Court,  Suffolk  county,  Sept.  30,  1891.  Sen- 
tenced to  the  reformatory  prison  for  women  for  one  year. 
Pardoned  March  23,  1892.  The  prisoner  had  a  son  dying 
of  consumption,  who  needed  her  care  and  attention.  She 
was  pardoned  that  she  might  attend  him  in  his  last  days. 

No.  13.  Wade  C.  CuMMiNGS.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  county,  Sept.  10, 

1889.  Sentenced  to  five  years  in  state  prison.  Pardoned 
March  30,  1892,  upon  the  recommendation  of  the  district 
attorney  and  the  arresting  officer.  It  had  been  the  inten- 
tion of  the  district  attoi'ney  to  recommend  a  pardon  after 
the  prisoner  had  served  two  years  of  the  sentence  imposed 
upon  him,  as  he  was  satisfied  that  Cummings,  who  had 
previously  borne  a  good  reputation,  was  led  away  by  his 
associates  in  the  offences  committed. 

No.  14.  Edward  J.  Doolet.  Convicted  of  breaking 
and  entering,  Superior  Court,  Plj'mouth  county,  Nov.  6, 

1890.  Sentenced  to  state  prison  for  three  3'ears.  Trans- 
ferred to  Worcester  lunatic  hospital  Dec.  3,  1890.  Par- 
doned March  31,  1892.  There  had  been  no  change  in 
Dooley's  condition  since  his  transfer  to  the  insane  hos- 
pital ;  he  was  not  in  a  condition  to  be  discharged  from  the 
hospital,  but  his  family  w^ere  able  and  anxious  to  pay  for 
his  board,  provided  the  stigma  resulting  from  his  convic- 
tion were  removed  by  a  pardon. 

No.  15.  John  Hamilton.  Convicted  of  larceny, 
Central  District  Court,  Worcester  county,  Jan.  29,  1892. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.     Pardoned  April  6,  1892,  upon  the 


Special  Messages.  1511 

recommendation  of  the  commissioners  of  prisons.  There 
were  mitigating  circumstances  in  the  case,  which,  had 
they  been  presented  at  the  trial,  would  undoul)tedly  have 
lightened  the  sentence,  or  would  have  resulted  in  the  dis- 
missal of  the  complaint. 

No.  16.  John  Ryan.  Convicted  of  vagrancy.  District 
Court  of  Eastern  Hampden,  Dec.  2,  1891.  Sentenced  to 
the  state  farm  for  eighteen  months.  Pardoned  April  7, 
1892,  upon  the  recommendation  of  the  justice  who 
imposed  the  sentence.  Having  committed  no  crime,  his 
sentence  was  considered  severe  by  the  pardon  committee, 
and  his  punishment  sufficient.  Parties  stood  ready  to 
give  him  employment. 

Xo.  17.  Fkancis  L.  White.  Convicted  of  forging 
and  uttering  bills,  Superior  Court,  Suffolk  county, 
January  term,  1889.  Sentenced  to  seven  years  in  state 
prison.  Pardoned  April  13,  1892.  White  was  in  a 
serious  physical  condition,  having  had  two  hemorrhages 
from  the  lungs.  It  appeared  that  the  only  chance  for  his 
recovery  was  in  release  from  confinement.  With  a  change 
of  climate  it  was  hoped  his  life  might  be  prolonged.  Mr. 
King,  the  assignee  of  White's  estate,  and  who  prosecuted 
the  case  against  him,  appeared  before  the  committee  with 
many  prominent  business  men  of  Boston,  and  strongly 
urged  a  pardon  for  the  above  reasons.  The  committee 
believed  that  the  ends  of  justice  had  been  secured  by  his 
more  than  five  years'  imprisonment,  —  including  the  time 
he  w^as  confined  in  jail  awaiting  trial,  — and  that  no  good 
would  result  to  any  one  from  his  longer  confinement. 

No.  18.  Harrt  F.  Larock.  Convicted  of  burninof  a 
barn,  Superior  Court,  Middlesex  county,  Oct.  27,  1890. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned May  4,  1892,  upon  the  recommendation  of  the 
prison  physician  and  district  attorney,  on  account  of 
serious  illness. 

No.  19.  John  Galli van.  Convicted  of  rape,  Superior 
Court,  Essex  county,  Oct.  2)3,  1891.  Sentenced  to  state 
prison  for  eight  years.  Pardoned  May  4,  1892,  because 
there  was  abundant  evidence  that  the  complainant  upon 
whose  testimony  the  prisoner  was  convicted  was  a  woman 


1512  Special  Messages. 

of  notorious!}'  unchaste  character,  addicted  to  drunken- 
ness, and  an  untruthful  witness.  Eleven  of  the  jurymen, 
one  being  absent  from  the  state,  recommended  a  pardon 
on  the  ground  of  innocence.  Two  were  present  at  the 
hearing,  and  testified  that  a  verdict  of  guilty  was  brought 
in  under  a  misapprehension  of  facts.  Gallivan  was  but 
nineteen  years  of  age,  and  had  always  borne  a  good 
character. 

No.  20.  J.  VoLNEY  CoMERFORD.  Couvicted  of  lar- 
ceny. Central  District  Court,  Worcester,  Jan.  2,  1892. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  May  11,  1892.  The 
crime  consisted  in  borrowing  a  roommate's  coat  (leaving 
a  note  saying  that  he  had  taken  it).  This  he  had  done 
before,  but  at  this  time  he  was  taken  sick  and  did  not 
return  the  coat.  His  roommate  swore  out  a  warrant  for 
his  arrest.  He  was  brought  from  his  father's  house  in 
Athol  to  Worcester,  and  sentenced  without  counsel  and 
before  his  father  could  reach  the  court  room.  The  pardon 
committee  believed  that  he  was  sentenced  under  a  misap- 
prehension, and  that  he  was  not  guilty  of  larceny  or  any 
other  crmie. 

No.  21.  James  Rogers,  alias  Dobbs,  alias  Kennedy. 
Convicted  of  having  burglars'  tools,  Superior  Court,  Essex 
county,  June  9,  1884.  Sentenced  to  state  prison  for  ten 
years.  Pardoned  May  13,  1892.  Rogers  was  danger- 
ously ill  with  a  complication  of  diseases,  and  in  the  opinion 
of  the  prison  physician  his  death  was  but  a  question  of  a 
short  time.  As  but  thirty-seven  days  remained  of  his 
sentence,  he  was  pardoned  that  he  might  die  among  his 
friends.  He  was  removed  to  New  York  city,  where  he 
died  two  days  later.  May  15. 

No.  22.  Joseph  S.  Richards.  Convicted  of  larceny, 
Fi^st  District  Court,  Worcester  county,  March  19,  1892. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  May  17,  1892.  Richards 
was  suffering  from  pyemia,  as  a  result  of  a  carbuncle  ;  he 
was  very  ill,  with  no  prospect  of  recovery.  He  died  May 
'     26. 

No.  23.  J.  Colby  Drew.  Convicted  of  forgery, 
Superior  Court,  Essex  county,  Oct.  10,  1888.     Sentenced 


Sppxial  Messages.  1513 

to  state  prison  for  six  3'ears.  Pardoned  May  18,  1892, 
upon  the  recommendation  of  mayor  Hayes,  ex-city 
marshal  Kino:,  ex-senator  Bennett,  ex-mayor  Newhall, 
general  Peach,  and  many  others  of  the  leading  citizens 
of  Lynn,  who  personally  appeared  and  urged  a  pardon. 
Drew  carried  on  a  grocery  business  in  Lynn.  At  the 
time  he  bought  the  store  he  was  obliged  to  borrow  money, 
and  gave  his  notes  ;  these  notes  were  renewed  from  time 
to  time.  As  he  became  more  pressed  for  money,  he 
commenced  to  forge  the  names  of  some  of  his  customers 
to  notes,  making  them  payable  to  himself,  and  then  pass- 
ing these  forged  notes  to  money  lenders,  who  discounted 
them  at  the  rate  of  three  to  five  per  cent,  per  month. 
This  method  of  doing  business  he  carried  on  for  a  con- 
siderable time,  and,  as  the  interest  was  so  large,  he  was 
compelled  to  give  a  large  number  of  forged  notes  in  order 
to  keep  going.  The  first  that  was  known  of  his  trans- 
actions was  his  voluntary  confession  made  to  city 
marshal  King.  The  notes  were  nearly  all  held  by  persons 
who  loaned  money,  and  charged  him  excessive  rates  of 
interest.  The  district  attorney  certified  that  Drew  had 
always  stood  well  in  the  community ;  that  he  did  not 
believe  he  was  a  criminal  by  instinct,  but  that  being 
obliged  to  pay  excessive  rates  of  interest  was  the  cause  of 
his  downfall.  Under  these  circumstances  the  pardon 
committee  were  of  the  opinion  that  he  had  been  sufficiently 
punished,  and  that  he  would  become  a  good  citizen. 

No.  24.  John  Goodroad.  Convicted  of  keeping  a 
disorderly  house.  Police  Court,  Fitchburg,  Nov.  3,  1891. 
Sentenced  to  the  house  of  correction  for  three  months  and 
to  pay  a  fine  of  one  hundred  dollars.  Pardoned  May  18, 
1892.  The  prisoner  having  served  six  months'  imprison- 
ment made  application  on  the  9th  of  May  to  the  justice 
presiding  at  the  police  court  of  Fitchburg,  to  be  released 
under  the  provisions  of  section  17,  chapter  222,  of  the 
Public  Statutes.  It  appearing  to  the  justice  that  the 
petitioner  had  fifty-eight  dollars  in  his  possession,  he 
refused  to  order  his  release.  As  the  petitioner  was 
unable  to  pay  the  fine,  under  the  ruling  of  the  justice,  he 
would  be  obliged  to  remain  in  prison  during  his  natural 
life  unless  released  by  pardon.  There  was  grave  doubt 
if  he  was  not  entitled  to  release  of  right  upon  his  petition 
to  the  court. 


1514  Special  Messages. 

No.  25.  Edavard  Forter.  Convicted  of  man- 
slaughter, Superior  Court,  Suffolk  county,  July  6,  1889. 
Sentenced  to  state  prison  for  four  years.  Pardoned  May 
19,  1892.  The  prisoner  was  in  an  advanced  state  of 
tubercular  consumption,  with  no  hope  of  recovery. 

No.  26.  Michael  Lomasney.  Convicted  of  larceny, 
Superior  Court,  Sutl'olk  county,  December  term,  1891. 
Sentenced  to  the  house  of  correction  for  one  year.  Par- 
doned June  1,  1892,  on  the  recommendation  of  the  district 
attorney  and  the  overseers  of  the  poor.  The  prisoner, 
Avhose  wife  was  soon  to  be  confined,  had  employment 
awaiting  him  as  soon  as  released. 

No.  27.  Salem  Westenberg,  aZia.sWESTBERG.  Con- 
victed of  assault,  Superior  Court,  Worcester  county,  Jan. 
27,  1892.  Sentenced  to  the  house  of  correction  for  ten 
months.  Pardoned  June  2, 1892,  upon  the  recommenda- 
tion of  the  prison  physician  and  district  attorney,  on  the 
ground  of  serious  illness  which  was  likely  to  jeopardize 
his  life  if  kept  longer  in  close  confinement. 

No.  28.  William  Murphy.  Convicted  of  breaking 
and  entering,  Superior  Court,   Essex   county,   Oct.    13, 

1891.  Sentenced  to  two  years  in  the  house  of  correction. 
Pardoned  June  8,  1892,  on  the  recommendation  of  the 
district  attorney,  who  certified  that  he  believed  that  justice 
had  been  satisfied  by  the  punishment  already  inflicted. 
Murphy  was  an  old  man,  and  this  was  his  first  oflence, 
committed  while  under  the  influence  of  liquor. 

No.  29.  William  E.  Harrington.  Convicted  of 
drunkenness,  Municipal  Court,  Charlestown,  Feb.  26, 
lb92.  Sentenced  to  the  Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  June  8,  1892,  on 
the  ground  that  it  evidently  was  a  case  where  the  exer- 
cise of  clemency  would  be  likely  to  work  beneficial  results 
to  the  prisoner.     This  was  his  first  offence. 

No.  30.  Frank  Reed.  Convicted  of  drunkenness  and 
larceny,    Superior   Court,    Middlesex   county,   Feb.    17, 

1892.  Sentenced  to  the  house  of  correction  for  nineteen 
months.  Pardoned  June  9,  1892.  The  prisoner  was  in 
the  last  stages  of  consumption  and  expected  to  live  but  a 
short  time. 


Special  Messages.  i515 

No.  31.  Charles  W.  Peckham.  Convicted  of  lar- 
ceny, Superior  Court,  Worcester  county,  Jan.  28,  1890. 
Sentenced  to  five  years  in  state  prison.  Pardoned  June 
23,  1892.  Peckham  was  seriously  ill  with  catarrh  of  the 
bladder,  with  but  little  prospect  of  recovery. 

No.  32.  Frederick  Russell.  Convicted  of  indecent 
exposure.  Police  Court,  Somerville,  Feb.  2,  1892.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  June  24,  1892,  upon  the 
recommendation  of  the  justice  who  imposed  the  sentence, 
and  the  commissioners  of  prisons,  on  the  ground  that  pre- 
vious to  committing  this  offence  he  had  borne  a  good 
character,  that  his  conduct  had  been  good  in  the  reforma- 
tory, that  he  had  a  wife  and  children  dependent  upon  him 
for  support,  and  that  it  is  not  likely  any  such  occurrence 
will  happen  again. 

Nos.  33  and  34.  James  Foley  and  Michael  Norton. 
Convicted  of  larceny,  three  indictments,  Superior  Court, 
Suffolk  county  and  Roxbury  Municipal  Court,  Jan.  22, 
1892.  Sentenced  to  fifteen  months  in  the  house  of  cor- 
rection. Pardoned  June  30,  1892.  Both  of  these  young 
men  were  eighteen  years  of  age  and  had  previously  borne 
an  unblemished  re[)utation.  District  attorney  Stevens 
recommended  their  release  on  the  ground  that  they  had 
been  sufficiently  punished  and  would  conduct  themselves 
properly  hereafter. 

No.  35.  Joseph  Hogue.  Convicted  of  vagrancy, 
Southern  District  Court,  Norfolk  county,  Jan.  30,  1892. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  June  30,  1892,  upon  the 
recommendation  of  the  commissioners  of  prisons.  An 
investigation  by  the  commissioners  disclosed  the  fact 
that  the  only  offence  committed  was  in  asking  for  a  night's 
lodging  in  Canton.  He  was  sent  to  the  poor  farm,  and 
arrested  the  next  morning  for  vagrancy. 

No.  36.  James  E.  Trefry.  Convicted  of  indecent 
assault,  Superior  Court,  Essex  county,  Oct.  27,  1891. 
Sentenced  to  the  house  of  correction  for  two  and  one  half 
years.  Pardoned  July  8,  1892,  upon  the  recommendation 
of  the  selectmen,  chief  of  police,  town  clerk  and  treas- 


1516  Special  Messages. 

urer,  and  many  other  leading  citizens  of  Marblehead, 
where  the  alleged  crime  was  committed.  The  assault 
was  in  no  way  aggravated  ;  no  physical  injury  was  done 
or  attempted.  For  the  offence  committed  (while  under 
the  influence  of  liquor)  it  was  considered  that  he  had 
been  sufficiently  punished. 

No.  37.  Silas  S.  Drew.  Convicted  of  cheating  by 
false  pretences,  Superior  Court,  Suflblk  county,  June  18, 
1891.  Sentenced  to  seven  years  in  state  prison.  Par- 
doned July  21,  1892.  Drew  was  ill  with  gangrene  in  the 
foot,  with  no  possibility  of  recovery.  He  had  been  in  the 
hospital  more  than  a  year.  His  pardon  was  recommended 
by  all  his  creditors  whom  he  had  defrauded,  except  two 
who  could  not  be  reached.     He  died  in  September. 

No.  38.  Edwin  L.  Whitford.  Convicted  of  adultery, 
Superior  Court,  Middlesex  county,  Feb.  15,  1892.  Sen- 
tenced to  eighteen  months  in  the  house  of  correction. 
Pardoned  July  21,  1892.  Whitford  was  in  the  last  stages 
of  phthisis,  with  no  hope  of  recovery. 

No.  39.  Thomas  Fielding.  Convicted  of  larceny, 
Superior  Court,  Suff\)lk  county,  October  term,  1891. 
Sentenced  to  three  years  in  the  house  of  correction.  Par- 
doned July  21,  1892.  Fielding  was  hopelessly  ill  with 
pulmonary  consumption.  The  prison  physician  considered 
him  incurable. 

No.  40.  Michael  Romono.  Convicted  of  larceny. 
Central  District  Court,  Worcester,  Jan.  12,  1^92.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  July  28,  1892,  upon  the 
recommendation  of  the  prison  commissioners,  who  were 
of  the  opinion  that,  had  all  the  facts  in  the  case  been  pre- 
sented to  the  court  at  the  time  of  sentence,  the  prisoner 
would  have  been  placed  on  probation. 

No.  41.  John  Williams.  Convicted  of  robbery, 
Superior  Court,  Suffolk  county,  June  9,  1890.  Sen- 
tenced to  the  house  of  correction  for  three  years.  Par- 
doned July  29,  1892.  Williams  was  very  ill  with  pulmo- 
nary consumption,  with  no  prospect  of  recovery. 


Special  Messages.  1517 

No..  42.  Thomas  Makooney.  Convicted  of  drunken- 
ness, First  Eastern  District  Court,  Middlesex  county,  May 
2,  iyi)2.  Sentenced  to  the  Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  Sept.  14,  18S>2,  on 
the  recommendation  of  the  prison  commissioners  and  the 
selectmen  of  Melrose.  The  prisoner  had  a  wife  and  six 
young  children  in  destitute  circumstances.  It  was  be- 
lieved that  he  would  refrain  from  the  use  of  liquor  here- 
after, and  be  able  to  support  his  family. 

No.  43.  Erving  J.  Smith.  Convicted  of  perjury, 
Superior  Court,  Worcester  county.  May  28,  1892.  Sen- 
tenced to  the  house  of  correction  for  three  years.  Par- 
doned Sept.  14,  1892,  upon  the  recommendation  of  the 
master  and  chaplain  of  the  house  of  correction.  He  was 
but  twenty  years  of  age  when  the  offence  was  committed, 
and  was  influenced  by  an  older  man  who  received  a  sen- 
tence to  state  prison.  The  district  attorney  certified  that 
previous  to  the  commission  of  this  crime.  Smith  had  borne 
an  unexceptionable  character,  and  his  act  was  unaccount- 
able. It  was  believed  that  he  would  hereafter  lead  an 
honorable  life.     Immediate  employment  awaited  him. 

No.  44.  Frederick  Earl,  a/«a!6' Wankoap.  Convicted 
of  larceny,  Superior  Court,  Suffolk  county,  March  term, 
1892.  Sentenced  to  the  house  of  correction  for  one  year. 
Pardoned  Sept.  14,  1892,  on  account  of  serious  illness. 
He  was  removed  to  Bellevue  Hospital,  N.  Y.,  for  medical 
treatment.     He  died  October  9. 

No.  45.  Kate  Whitford.  Convicted  of  larceny, 
District  Court,  Northern  Berkshire,  Dec.  1,  1891.  Sen- 
tenced to  two  years  in  the  house  of  correction.  Pardoned 
Sept.  23,  1892,  upon  the  recommendation  of  the  justice 
who  imposed  the  sentence,  the  sherifl*  of  the  county  and 
the  probation  officer,  on  the  ground  that  the  prisoner  was 
innocent  of  the  crime  of  which  she  was  convicted,  the 
principal  witness  having  testified  falsely. 

No.  46.  AuGUSTiN  Dailey.  Convicted  of  larceny, 
Municipal  Court,  Boston,  Aug.  24,  1892.  Sentenced  to 
the  house  of  correction  for  six  months.  Pardoned  Oct. 
6,  1892,  upon  the  recommendation  of  the  justice  who 
imposed  the  sentence,  and  the  arresting  officer.  There 
were  grave  doubts  as  to  the  guilt  of  the  prisoner. 


1518  Special  Messages. 

No.  47.  Leonard  P.  Smith.  Convicted  of  breaking 
and  entering,  Superior  Court,  Essex  county,  Feb.  16, 
1891.  Sentenced  to  two  years  in  the  house  of  correction. 
Pardoned  Oct.  7,  1892.  Smith,  who  had  never  before 
been  arrested,  was  led  into  committing  the  crime  by  an 
older  and  experienced  criminal.  The  sentences,  how- 
ever, were  the  same.  As  but  two  months  of  his  sentence 
remained  unexpired  it  was  the  opinion  of  the  committee 
that  a  pardon  would  encourage  the  young  man,  who  was 
twenty  years  of  age,  to  lead  an  honest,  upright  life.  The 
pardon  was  recommended  by  the  chairman  of  selectmen, 
chief  of  police,  complainant,  and  other  citizens  of  Pea- 
body,  where  the  crime  was  committed. 

No.  48.  Frank  A.  Curry.  Convicted  of  lewd  and 
lascivious  cohabitation,  Superior  Court,  Suffolk  county, 
May  term,  1892.  Sentenced  to  the  house  of  correction 
for  one  year.  Pardoned  Oct.  7,  1892.  The  pardon  was 
asked  for  by  the  mayor,  judge  of  police  court,  and  many 
prominent  citizens  of  Gardiner,  Me.,  where  the  prisoner 
resided,  who  believed  that  the  ends  of  justice  were  satis- 
fied and  that  Curry  would  not  again  offend.  He  had  a 
wife  and  two  young  children  in  ver}'^  destitute  circum- 
stances who  would  become  a  public  charge  if  he  were  not 
released. 

No.  49.  Julia  Belanger.  Convicted  of  arson,  Su- 
perior Court,  Essex  county,  Feb.  17,  1888.  Sentenced 
to  seven  years  in  the  reformatory  prison  for  women. 
Pardoned  Oct.  21,  1892,  as  an  act  of  executive  clemency, 
upon  the  recommendation  of  the  superintendent  of  the 
reformatory,  who  certified  to  her  good  conduct  and  cheer- 
ful endurance  of  her  sentence.  She  had  been  in  prison 
nearly  five  years,  and  in  all  that  time  had  shown  nothing 
of  a  criminal  taste  or  nature.  She  had  been  trusted  in 
many  ways,  never  failing  to  show  herself  worthy  of  such 
trust.  During  her  imprisonment  her  husband  and  chil- 
dren have  died.  It  was  thought  by  the  superintendent 
that  her  pardon  would  have  a  good  effect  upon  the  disci- 
pline of  the  prison. 

No.  50.  Charles  A.  Peakes.  Convicted  of  embez- 
zlement, Superior  Court,  Suffolk  county,  Feb.  24,  1892. 
Sentenced  to  the  house  of  correction  for  eighteen  months. 


Special  Messages.  1519 

Pardoned  Nov.  2,  1892.  Peakes' previous  reputation  had 
always  been  excellent.  He  had  a  wife  and  three  children 
in  needy  circumstances  dependent  on  hira  for  support. 
An  indeterminate  sentence  to  the  reformatory  would  have 
been  imposed  but  for  the  f\ict  that  the  prisoner  was  three 
years  older  than  the  age  at  which  a  prisoner  could  be  so 
sentenced.  His  conduct  had  been  perfect  in  prison,  and 
he  was  released  about  the  same  time  he  would  have  been 
if  sentenced  to  the  reformatory. 

No.  51.  Nelson  L.  Batome.  Convicted  of  assault, 
Superior  Court,  Essex  county,  Feb.  4,  1892.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate 
sentence.  Pardoned  Nov.  3,  1892,  upon  the  recommen- 
dation of  the  prison  commissioners.  The  assault  was 
committed  in  self-defence.  It  appeared  that  a  shopmate 
had  been  in  the  habit  of  tormenting  and  annoying  Batome 
for  a  long  time  ;  on  this  occasion  Batome  Avas  pushed  over 
some  machinery  where  he  was  working,  and  when  he 
arose  he  struck  his  assailant  on  the  head  with  a  short 
piece  of  iron.  His  shopmates  and  the  police  all  sympa- 
thized with  him  and  thought  his  assailant  got  no  more 
than  he  deserved. 

No.  52.  George  Wagner.  Convicted  of  rape, 
Superior  Court,  Hampden  county,  May  20,  1890.  Sen- 
tenced to  state  prison  for  eight  years.  Pardoned  Nov. 
16,  1892.  From  evidence  submitted  to  the  pardon  com- 
mittee, and  which  was  not  presented  to  the  jury,  they 
were  satisfied  beyond  a  doubt  that  Wagner  was  not  guilty 
of  the  crime  of  rape,  but  only  of  a  far  less  serious  offence 
which  is  ordinarily  punished  by  a  sentence  of  not  more 
than  one  year  in  the  house  of  correction. 

No.  53.  Joseph  Butler.  Convicted  of  rape,  Supe- 
rior Court,  Berkshire  county,  Jan.  17,  1883.  Sentenced 
to  state  prison  for  life.  Pardoned  Nov.  16,  1892,  upon 
the  recommendation  of  the  district  attorney  who  prose- 
cuted the  case,  hon.  John  C.  Crosby,  and  many  citizens 
of  Berkshire  county,  including  the  relatives  and  friends 
of  the  complainant.  Butler  was  suffering  with  a  chronic 
disease  of  the  eyes,  which  was  considered  by  specialists 
to  be  incurable  and  might  eventually  cause  entire  loss  of 


1520  Special  Messages. 

sight.  He  had  been  under  treatment  in  the  prison  for 
more  than  two  years.  His  prison  record  had  been  per- 
fect. No  one  appeared  at  the  hearing  to  oppose  the 
pardon. 

No.  54.  John  Taylor.  Convicted  of  murder,  second 
degree,  Supreme  Judicial  Court,  Suffolk  county,  May  27, 
1878.  Sentenced  to  the  state  prison  for  life.  Pardoned 
Nov.  24,  1892,  as  an  act  of  executive  clemency  for 
Thanksgiving  Day.  On  returning  to  his  home  one  night 
Taylor  found  his  wife,  who  was  a  dissolute  character,  in 
an  intoxicated  condition.  During  the  controversy  that 
ensued,  he  gave  her  a  push  which  caused  her  to  fall  down 
stairs,  from  the  eflect  of  which  she  died  in  a  few  days. 
It  was  believed  by  those  who  have  carefully  investigated 
the  case  that  her  death  was  largely  accidental,  and  that 
there  were  many  extenuating  circumstances.  Taylor  had 
never  before  been  arrested  for  any  oiSence,  and  his  con- 
duct in  prison  had  been  of  the  best. 

No.  55.  Antonio  Joan.  Convicted  of  arson,  Supe- 
rior Court,  Worcester  county,  January  term,  1874. 
Sentenced  to  state  prison  for  life.  Pardoned  Nov.  24, 
1892,  as  an  act  of  executive  clemency  for  Thanksgiving 
Day.  Joan  had  served  much  longer  than  the  average 
sentence  for  such  an  offence,  which  has  customarily  been 
not  more  than  twenty  years.  If  he  had  received  a  sen- 
tence of  twenty-four  years,  it  would  expire,  deducting 
time  for  good  behavior,  in  February,  1893.  His  record 
during  the  entire  time  of  his  imprisonment  had  been  per- 
fect, he  never  having  been  even  reprimanded.  Hon.  E.  V. 
Mitchell  of  Medfield  gave  him  immediate  employment  in 
his  factory. 

No.  56.  Robert  A.  Brown.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  county,  September 
term,  1889.  Sentenced  to  state  prison  for  five  years. 
Pardoned  Dec.  19,  1892,  upon  the  recommendation  of  the 
district  attorney  who  prosecuted  the  case,  who  was  of  the 
opinion  that  Brown  had  been  sufficiently  punished  for  the 
crime  committed.  He  went  immediately  to  California  to 
live  with  an  uncle,  where  he  could  be  away  from  the  infiu- 
ence  of  his  former  associates.     This  was  his  first  offence. 


Special  Messages.  1521 

No.  57.  James  F.  Bkown.  Convicted  of  larceny, 
Municipal  Court,  Dorchester,  Oct.  6,  181)2.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate 
sentence.  Pardoned  Dec.  21,  1892,  upon  the  recom- 
mendation of  the  prison  commissioners  and  the  justice 
who  imposed  the  sentence.  If  all  the  circumstances  of 
the  case  had  been  brought  to  the  attention  of  the  justice 
at  the  time  of  trial  he  would  have  placed  him  on  pro- 
bation.    He  had  never  before  been  arrested. 

No.  58.  John  W.  Fields.  Convicted  of  breaking 
and  entering,  Superior  Court,  Essex  county,  May  11, 
1892.  Sentenced  to  the  house  of  correction  for  two  and 
one  half  years.  Pardoned  Dec.  23,  1892,  upon  the  rec- 
ommendation of  district  attorney  ISloody  the  prosecuting 
otEcer,  who  had  very  carefully  investigated  the  case  since 
Fields  was  sentenced,  and  was  satisfied  that  he  was  entirely 
innocent  of  the  crime  of  which  he  was  convicted.  The 
evidence  which  convicted  Fields  with  the  breaking  and 
entering  was  his  companionship  on  the  following  day  with 
the  other  three  persons  accused. 

No.  59.  James  Dunlap.  Convicted  of  breaking  and 
entering  and  larceny,  Superior  Court,  Hampshire  county, 
Dec.  29,  1877.  Sentenced  to  state  prison  for  twenty 
years.  The  case  of  James  Dunlap  has  attracted  so  much 
l)ublic  attention  that  it  seems  proper  to  state  the  facts  in 
regard  to  it.  He  was  sentenced  Dec.  29,  1877,  for  the 
robbery  of  the  Northampton  National  Bank.  His  term 
of  sentence  will  expire  December,  1893.  Sentence  was 
suspended  for  a  time  in  the  expectation  that  he  would  be 
able  to  make  restitution  of  the  property  stolen,  which  fact 
it  was  stated  would  be  taken  into  account  in  giving  him 
sentence.  Through  his  efforts  stolen  property  to  the 
amount  of  $1,600,000  was  restored  to  the  bank.  This 
restitution  was  made  after  numerous  conferences  with  the 
officials  of  the  state,  and  every  assurance  was  given  him 
that  properly  could  be  given  by  the  governor  and  other 
officials,  that  in  case  of  restitution  of  property  every  effort 
would  be  made  to  reduce  his  sentence  by  pardon.  Since 
then  the  case  has  been  repeatedly  before  the  governor  and 
council.  A  pardon  has  been  strongly  urged  by  the  presi- 
dent and  officials  of  the  bank,  by  Mr.  Long,  who  was 
governor  at   the  time    the  property   was  recovered,   by 


1522  Special  Messages. 

the  counsel  in  the  case,  by  all  the  surviving  jurymen 
who  could  be  found,  by  the  wardens  of  the  state  prison 
under  whom  Dunlap  has  served,  and  by  many  prominent 
citizens.  Notwithstanding  these  recommendations  the 
governor  declined  to  grant  the  pardon.  The  executive 
council,  December  28,  b}^  unanimous  vote  of  all  its  mem- 
bers, again  recommended  that  a  pardon  be  granted.  In 
view  of  these  facts,  of  the  recommendation  of  three  differ- 
ent councils,  a  unanimous  recommendation  of  the  present 
council,  the  fact  that  but  a  year  of  the  sentence  remains, 
and  that  his  conduct  in  prison  has  been  absolutely  perfect, 
it  seems  proper  that  a  pardon  should  issue. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  9,  1893.] 

I  transmit  to  you  herewith  for  your  information  and 
use,  the  accompanying  documents,  namely  ;  — 

Eighth  annual  report  of  the  board  of  police  of  the  city 
of  Boston. 

Fourth  annual  report  of  the  state  house  construction 
commissioners. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  10,  1893.] 

I  transmit  herewith  for  your  consideration,  a  communi- 
cation from  his  excellency  the  governor  of  Vermont,  which 
calls  attention  to  the  necessity  of  establishing  boundary 
line  monuments  between  Vermont  and  Massachusetts.  A 
certified  copy  of  an  act  of  the  last  legislature  of  Vermont 
relating  to  this  subject  is  herewith  enclosed. 

[To  the  honorable  senate  and  honse  of  representatives,  Jan.  11,  1893.] 

It  is  my  sad  duty  to  announce  to  the  legislature  the 
sudden  death  early  this  morning,  at  Washington,  of  ex- 
governor  Benjamin  Franklin  Butler,  and  to  recommend 
that  suitable  action  be  taken  in  honor  of  the  memory  of 
one  who  has  rendered  distinguished  service  to  his  country 
and  to  his  Commonwealth  in  civil  and  in  military  life. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  16,  1893  ] 

I  transmit  herewith  for  your  information  and  use,  the 
report  for  1892  of  the  topographical  survey  commission. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  17,  1893  ] 

I  transmit  herewith  a  copy  of  a  resolution  adopted  by 
the  legislature  of  Vermont  in  regard  to  '*a  uniform  policy 


Special  Messages.  1523 

of  imniigration  from  foreign  nations  and  of  migration  from 
state  to  state  of  persons  wlio  are  dependent  upon  charity 
and  are  of  idle  or  vicious  habits,"  sent  to  me  for  the  con- 
sideration of  the  legishiture  of  Massachusetts. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  17,  1893.] 
I  transmit  herewith  for  your  consideration,  a  communi- 
cation from  the  jNIassachusetts  commission,  world's  Colum- 
bian exposition,  together  with  a  letter  from  the  secretary 
of  the  committee  on  ceremonies  of  said  exposition,  in 
reference  to  the  selection  by  this  Commonwealth  of  a  cer- 
tain day  during  the  exposition  to  be  known  as  Massachu- 
setts da3^  It  seems  to  me  that  the  selection  of  such  a  day 
should  be  by  the  legislature  or  under  its  authority. 

I  am  informed  by  the  authorities  at  Chicago  that  the 
historic  17th  of  June  is  available  for  our  state  day,  and  I 
suggest  its  selection  to  your  consideration. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  26,  1893.] 

I  submit  for  your  consideration,  as  I  have  twice  to  your 
predecessors,  the  expediency  of  abolishing  the  office  of 
superintendent  of  prisons. 

An  examination  of  the  statutes  relating  to  this  office 
shows  that  its  duties  are  few  and  very  limited,  that  it  has 
no  proper  connection  with  or  relation  to  existing  author- 
ities in  charge  of  our  penal  institutions,  and  that  it  in- 
volves an  unnecessary  expense  of  some  $6,500. 

The  law  of  1887,  chapter  447,  which  abolished  the 
system  of  contract  prison  labor,  created  the  office  of  super- 
intendent of  prisons  and  defined  its  duties.  These  were 
"to  establish  and  maintain  in  the  state  prison,  reforma- 
tories and  the  houses  of  correction  in  the  Commonwealth, 
such  industries  as  may,  from  time  to  time,  be  determined 
upon  by  him  and  the  warden,  superintendent  or  master." 
Further,  that  he  "  or  the  warden  or  master  under  his  super- 
vision shall  purchase  the  materials  to  be  used  in  manufact- 
uring, as  aforesaid,  and  sell  such  manufactured  goods  as 
shall  be  produced  in  the  prison,  reformatory  or  house  of 
correction." 

He  was  also  given  power  to  establish  rules  and  regula- 
tions for  the  employment  of  prisoners,  and  required  to 
approve  the  appointment  and  removal  of  persons  employed 
to  superintend  and  instruct  the  prisoners,  as  well  as  the 
schedules  for  bills,  for  tools,  implements  and   materials 


1524  Special  Messages. 

purchased,  and  salaries.  He  was  required  to  have  man- 
ufactured as  far  as  may  be  "  such  articles  as  are  in  common 
use  in  the  several  state  and  county  institutions,"  and  to 
sell  them  to  said  institutions. 

Before  the  expiration  of  a  year  after  the  passage  of  the 
law  of  1887  the  principal  duties  of  the  office  were  abolished 
by  chapter  403,  acts  of  1888.  His  power  to  establish  in- 
dustries was  expressly  repealed  and  given  to  the  heads  of 
the  various  penal  institutions.  His  power  to  purchase  and 
sell  was  also  taken  away  by  the  express  provision  that 
'<  said  general  superintendent  shall  have  no  authority  to 
purchase  or  sell  any  articles  for  any  institutions."  He 
was,  however,  required  to  approve  estimates  or  requisi- 
tions of  the  heads  of  the  institutions. 

The  duty  of  the  superintendent  of  prisons,  imposed  by 
chapter  337  of  the  acts  of  1888,  to  approve  "all  bills 
contracted  by  the  warden  of  the  state  prison,  the  superin- 
tendent of  the  Massachusetts  reformatory  or  the  superin- 
tendent of  the  reformatory  prison  for  women  for  the 
maintenance  of  said  institutions,"  etc.,  was,  within  a  3^ear, 
by  chapter  294  of  the  acts  of  1889,  taken  from  him  and 
placed  in  the  board  of  prison  commissioners. 

Meanwhile  the  work  originally  intended  for  the  super- 
intendent of  prisons  has  been  lessened  also  by  the  substi- 
tution of  the  piece  price  plan  for  the  state  account  plan 
wholly  in  the  reformatory  prison  for  women,  and  partly  in 
the  Massachusetts  reformator}',  leaving  the  state  prison  as 
the  only  state  institution  on  the  latter  plan. 

So  that  an  office,  created  to  deal  with  one  part  only  of 
prison  management,  namely,  its  industries,  but  in  that 
having  certain  well-defined  but  limited  duties  in  reference 
to  their  establishment,  purchase  of  materials,  sale  of 
products  and  approval  of  bills,  has  by  later  legislation 
been  deprived  of  the  power  to  establish  industries,  to 
make  purchases  or  sales  or  to  approve  bills  for  the  main- 
tenance of  said  institutions. 

Its  remaining  duties  are  few  and  unimportant,  all  of 
which  can  be  and  should  be  performed  by  or  under  the 
authority  of  the  boards  in  charge  of  our  penal  institutions. 
The  office  was  never  in  fact  but  only  in  name  a  superin- 
tendent of  prisons,  and  now,  in  my  judgment,  has  become 
practically  a  sinecure  which  it  is  neither  necessary  nor 
profitable  to  continue. 

In  New  York  the  superintendent  of  prisons,  in  place  of 


Special  Messages.  1525 

other  boards,  has  charge  of  the  whole  prison  system,  with 
full  power  over  the  penal  institutions  and  their  officers, 
and  is  himself  responsible  to  the  governor  alone.  Here 
the  superintendent  of  prisons  has  no  power  whatever  over 
our  penal  institutions  except  for  the  special  purpose  herein 
stated,  and  then  with  limited  and  perfunctory  duties.  Nor 
has  he  any  control  of  or  connection  with  the  boards  in 
charge  of  these  institutions.  The  office,  I  repeat,  "  is  in- 
dependent of  the  board  of  prison  commissioners  and  its 
work,  and  seems  to  be  out  of  gear  with  any  existing  ad- 
ministrative machinery."  Unless  it  is  deemed  best  to 
follow  the  law  of  New  York,  and  make  the  superintendent 
of  prisons  the  responsible  controlling  power  in  our  prison 
system,  I  recommend  that  the  office  be  abolished. 

The  recommendation  herein  made  meets  with  the  ap- 
proval, I  believe,  of  the  authorities  in  charge  of  our  penal 
institutions. 

Appointment  to  the  office  rests  with  the  governor,  and 
its  tenure  is  at  his  discretion. 

I  am  informed  and  believe  that  in  the  past  my  recom- 
mendation for  the  abolition  of  this  office  has  met  with  the 
active  personal  opposition  of  the  superintendent,  and  that 
to  his  efforts  is  largely  due  the  failure  of  the  recommenda- 
tion. In  my  judgment  the  question  should  be  considered 
apart  from  any  personal  interest  involved.  I  therefore 
requested  the  resignation  of  the  superintendent  of  prisons, 
which  he  has  declined  to  give. 

Under  authority  vested  in  me  by  section  6,  chapter  447 
of  the  acts  of  1887,  I  have  removed  him  from  his  office, 
and,  as  a  temporary  appointment  only,  have  nominated  in 
his  place  a  member  of  the  board  of  prison  commissioners, 
to  perform  the  necessary  duties  of  the  office  pending  your 
action  upon  this  recommendation. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  30,  1893.] 

I  herewith  transmit  for  your  information  and  use,  a  report 
of  the  commissioners  on  uniform  legislation  appointed  un- 
der chapter  405,  acts  of  1891,  for  the  promotion  of  uni- 
formity of  legislation  throughout  the  United  States. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  31,  1893.] 

I  submit  herewith  a  communication  received  from  the 
Massachusetts  commission  of  the  world's  Columbian  expo- 
sition, requesting  that  an  additional  sum  of  $25,000  be 


1526  Special  Messages. 

appropriated  by  this  Commonwealth  in  order  to  secure  the 
best  and  most  creditable  exhibits  in  the  various  branches 
of  the  exhibition,  together  with  memoranda  showing  the 
expenses  of  the  commission  to  the  1st  of  January,  1893, 
and  an  estimate  of  expenses  from  Jan.  1,  1893,  up  to  the 
time  when  their  duties  shall  have  been  completed. 

[To  the  honorable  senate  and  house  of  representatives,  Feb.  27,  1893  ] 
I  submit  herewith  for  your  consideration  copies  of  recent 
correspondence  I  have  had  with  the  building  committee  of 
the  trustees  of  Medfield  asylum,  together  with  a  detailed 
report  from  them  at  my  request  in  reference  to  the  work 
under  their  charge  which  seems  now  to  require  j^our  action. 

Chapter  425  of  the  acts  ot  1892,  which  gave  authority 
to  this  committee  to  build  an  asylum  for  the  chronic  insane, 
required  said  asylum  to  })e  built  "  substantially  in  accord- 
ance with  the  plans,  specifications  and  estimates  submitted" 
by  the  former  commissioners  appointed  in  1890,  and  fur- 
ther required  "  that  the  aggregate  expenses  and  liabilities" 
for  the  construction  and  equipment  specified  "  shall  not 
exceed  the  sum  of  five  hundred  thousand  dollars  exclusive 
of  the  compensation  provided  for  the  building  commit- 
tee,"—$150,000  to  be  appropriated  in  1892,  $200,000  in 
1893  and  $150,000  in  1894. 

It  appears  from  the  report  herewith  submitted  that  the 
construction  required  by  the  statute  cannot  be  completed 
within  the  amount  allowed,  and  that  there  must  be  a 
change  eitker  of  plans,  or  of  appropriation.  Ascertaining 
this  to  be  the  fiict,  I  have  considered  it  my  dut}"  at  once, 
before  construction  of  any  of  the  buildings  has  been  com- 
menced, to  direct  that  all  work  shall  cease  and  to  submit 
the  matter  to  your  consideration. 

Some  contracts  have  already  been  made,  but  no  work 
has  been  done  under  them  except  in  reference  to  the  water 
supply.  From  careful  and  detailed  estimates  herewith  sub- 
mitted it  appears  that  the  total  cost  of  the  work  specified 
and  required  by  the  statute  will  be  $700,000. 

The  difierence  between  the  original  estimates  made  in 
1890  and  those  now  submitted  is  accounted  for  in  detail 
in  the  accompanying  report,  being  principally  increased 
cost  of  labor  through  shorter  hours  and  higher  wages, 
advance  in  price  of  material,  additions  required  by  state 
inspectors,  architect's  fees,  necessary  grading,  more  exten- 
sive water  supply  system,  and  underestimates  in  1890. 


Special  Messages.  1527 

The  law  requires  and  the  plans  contemplate  an  asylum 
upon  the  new  and  api)roved  plan  of  cottage  buildings  of 
brick  sutHcient  for  the  accommodation  of  1,000  patients. 
The  cost  per  patient  upon  this  basis  of  estimates  now  sub- 
mitted Avill  be  $700.  The  average  cost  per  patient  of 
construction  of  the  six  existing  asylums  in  Massachusetts 
based  upon  their  capacity  is  $1,492. 

Whether  an  additional  appropriation  shall  be  made,  or 
present  plans  changed  is  a  question  for  you  to  consider 
and  decide.  One  or  the  other  of  these  alterations  must 
be  adopted,  unless  the  work  is  to  stop  or  be  continued  in 
disregard  of  the  statute  requirement  as  to  plans  or  cost. 

At  the  earliest  moment  after  Ivuowledge  of  these  facts, 
I  have  taken  such  action  as  will  permit  a  solution  of  the 
difficulty  by  the  proper  authority  with  as  little  delay  or 
eml)arrassment  as  possible.  I  am  quite  unwilling  even  by 
silence  to  allow  the  beginning  or  continuance  of  any  public 
work  when  it  appears  that  its  final  cost  will  exceed  the 
appropriation  fixed  by  law. 

This  Commonwealth  has  had  some  experience  of  a  costly 
nature  in  that  direction,  notably  in  the  case  of  the  Danvers 
asylum,  where  starting  with  an  appropriation  of  $G50,000 
the  final  cost  was  nearly  $1,600,000  or  about  $2,500  per 
patient.  I  have,  therefore,  deemed  it  proper  now  at  the 
commencement  of  this  work  to  ascertain  and  submit  to 
you  the  facts  that  you  may  decide  whether  any  change 
shall  be  made  in  the  original  plans  or  appropriation,  and 
that  now  and  by  the  proper  authority  instead  of  later  and 
by  the  necessities  of  the  situation  the  total  cost  of  this 
work  shall  be  determined. 

[To  the  honorable  senate  and  house  of  representatives,  March  7,  1893.] 

I  submit  herewith  for  your  consideration  the  annual 
report  of  the  adjutant  general  for  the  year  ending  Dec. 
31,  1892. 

[To  the  honorable  senate  and  house  of  representatives,  March  13,  1893.] 
Recent  events  at  the  state  prison  have  again  called  the 
attention  of  the  public  to  that  institution,  the  defects  and 
difficulties  in  its  administration  and  the  need  of  legislative 
action. 

The  pending  change  of  warden  makes  this  an  opportune 
time  again  to  bring  the  subject  to  your  notice  and  again 
to  urge  most  emphatically  your  action,  that  the  new  war- 


1528  Special  Messages. 

den,  assuming  his  office  under  serious  difficulties,  may 
have  some  chance  for  success.  The  conditions  for  a  suc- 
cessful administration  of  this  institution  have  for  years 
been  difficult,  and,  constantly  growing  harder,  have  now 
become  intolerable.  Every  warden  has  experienced  and 
been  hampered  by  these  conditions,  and  has  been  ready 
and  anxious  to  lay  down  the  burden  of  an  office  which 
carries  hard  work,  great  responsibility  and  personal  dan- 
ger, without  adequate  power  and  with  success  practically 
impossible. 

Some  of  these  difficulties  are  ;  — 

First.  The  location  of  the  institution,  situated  in  the 
thickly  settled  portion  of  a  large  city,  surrounded  by 
streets,  houses  and  railroad  tracks,  so  that  communica- 
tion with  the  outside  is  easy,  escapes  facilitated,  and 
implements  and  arms  can  be  and  have  been  thrown  into 
the  prison  yard.  Its  buildings  are  old,  cramped  and  in 
poor  condition,  without  the  facilities  and  improvements 
of  modern  prison  construction. 

Second.  The  crowded  condition  of  the  institution, 
which  requires  that  many  prisoners  be  doubled  up  in 
cells,  so  giving  every  opportunity  for  conference  and  co- 
operation in  planning  escapes  or  an}^  misconduct. 

Third.  The  confusion  from  building  the  extension  of 
the  prison,  which  necessitates  constant  communication 
with  the  outside,  the  passage  to  and  fro  between  the  shops 
and  the  new  building  of  many  prisoners  at  W'Ork  upon  it, 
and  makes  more  difficult  the  separation  and  isolation  nec- 
essary for  proper  discipline. 

Fourth.  The  steady  increase  of  long  term  criminals, 
especially  under'  the  habitual  criminal  act,  which  brings  to 
the  prison  a  more  hopeless,  incorrigible  and  desperate  set 
of  men. 

Lastlij^  and  most  imjjortant,  a  radically  wrong  system 
of  administration,  which  ties  the  hands  of  the  Avarden, 
deprives  the  board  of  prison  commissioners  of  proper 
authority,  gives  little  or  no  control  of  them  to  the  gov- 
ernor, but  divides  responsibility  and  power  between  the 
warden,  prison  conmiissioners,  governor  and  council,  in  a 
w^ay  to  make  the  system  impotent,  and,  but  for  its  serious 
results,  ridiculous.  It  is  almost  incredible  that  an  insti- 
tution which  requires  strict  discipline,  the  hearty,  lo3^al 
co-operation  of  the  officers  in  charge,  adequate  power  in 
its  head,  absolute  control  by  him  of  his  subordinates,  fixed 


Special  Messages.  1529 

responsibility  everywhere  in  its  administration,  should  be 
placed  under  a  system  of  checks  and  restraints  at  variance 
with  these  conditions,  dividing  power  and  scattering  re- 
sponsiliility.  At  present  all  subordinate  ofliccrs  to  the 
warden,  except  assistant  watchmen,  are  appointed  by  him 
only  with  the  approval  of  the  prison  commissioners,  and 
then  "  hold  their  offices  during  the  pleasure  of  the  warden 
and  commissioners.  In  case  of  a  disagreement  ])etween 
the  warden  and  the  conmiissioners  in  relation  to  the 
removal  of  any  officer,  the  warden  may  appeal  to  the  gov- 
ernor and  council,  Avho  after  reasonable  notice  to  the 
commissioners  and  hearing,  may  make  such  removal." 
Practically  this  means  that  a  M^arden  who  wishes  to  exer- 
cise necessary,  responsible  control  by  the  removal  of  a 
subordinate  officer,  must  bring  charges,  probably  have 
one  trial  of  the  case  with  a  prospect  of  two,  involving  his 
subordinate,  himself  and  the  prison  commissioners,  be- 
fore, if  finally  successful,  he  gets  such  control. 

What  warden  is  likely  to  attempt  to  exercise  authority 
over  his  subordinates  with  such  a  prospect  before  him, 
and  what  subordinate  is  likely  to  care  much  for  such 
restricted  authority  in  his  chief?  General  incompetency 
or  suspected  infidelity  can  rarely  be  formulated  into 
charges.  If  the  warden  lacks  confidence  in  any  of  his 
subordinate  officers,  believes  them  indifferent  or  ineffi- 
cient, or  suspects  them  of  a  purpose  to  thwart  or  embar- 
rass his  administration,  he  should  have  the  power  to  deal 
peremptorily  w^ith  such  cases,  without  formulating  charges 
and  conducting  a  trial.  Success  is  impossible  without  the 
co-operation,  discipline,  confidence  and  loyalty  between 
subordinates  and  chief,  which  can  come  only  by  giving 
absolute  authority  to  the  chief.  The  least  that  can  be 
done  to  help  a  warden  to  success  is  to  give  him  the  right 
to  have  under  him  officers  in  whom  he  has  entire  confi- 
dence. More  than  one  warden  has  seen  across  his  path 
the  shadows  of  disloyalty,  indifterence  and  intrigue,  and 
felt  powerless  to  act,  and  that  failure  was  inevitable. 

Next,  the  board  of  prison  commissioners,  nominally 
responsible  for  the  management  of  the  prison,  at  present 
have  no  power  whatever  over  the  head  of  that  institution. 
And,  finally,  the  governor,  responsible  generally  for  ad- 
ministration, has  no  power  over  the  prison  commissioners, 
and  over  the  warden  only  with  the  consent  of  the  execu- 
tive council.  It  w^ould  be  hard  to  devise  a  system  better 
calculated  to  lead  to  failure  and  without  responsibility. 


1530  Special  Messages. 

I  agfain  recommend  that  the  warden  be  given  control 
of  his  subordinate  officers,  the  board  of  prison  commis- 
sioners control  of  him  (if  they  are  to  remain  a  part  of  our 
prison  system),  and  the  governor  control  of  them,  letting 
each  subordinate  answer  to  his  superior  and  the  governor 
to  the  people ;  and  I  repeat  the  words  recently  addressed 
to  you  when  recommending  for  a  third  time  these  changes  : 
"I  again  dwell  upon  this  subject,  not  merely  because  it  is 
one  of  many  illustrations  which  might  V)e  given  of  the  in- 
efficiency and  irresponsibility  of  our  general  system  of 
administration,  but  also  because  in  this  instance,  as  the 
evil  may  lead  to  serious  consequences,  its  correction  is 
of  pressing  importance."  Recent  events  have  emphasized 
these  words  and  my  repeated  recommendations. 

I  suggest  also  for  your  consideration  the  expediency  of 
providing  for  the  erection  of  a  small,  separate  prison  for 
the  confinement  of  the  more  desperate  and  incorrigible 
prisoners, — in  accordance  with  the  recommendation  of 
the  prison  commissioners.  This  would  permit  the  grad- 
ing and  classif}'ing  of  prisoners,  which,  though  now 
authorized  at  the  state  prison,  is  found  to  be  impracticable 
there.  It  would,  in  connection  with  the  state  prison  and 
Concord  reformatory,  provide  for  a  transfer  of  prisoners 
as  a  system  of  punishment  or  incentive  to  good  behavior. 
It  would  remove  from  the  state  prison  and  confine  sepa- 
rately, under  severest  discipline,  the  small  proportion  of 
prisoners  whose  influence  and  efibrts  impair  good  order 
and  discipline,  and  would  furnish  the  additional  accom- 
modations which  in  any  event  will  soon  be  needed.  The 
commissioners  declare  that  "  such  a  step  is  absolutely 
necessary  to  restore  the  discipline  of  the  prison  to  any- 
thing like  a  tolerable  condition." 

I  believe  that  the  facts  above-mentioned  account  for  the 
unsatisfactory  administration  of  the  state  prison  which  has 
continued  for  years.  While  no  doubt  hard  conditions  and 
a  bad  system  may  be  relieved  by  exceptional  personal 
qualities  of  those  in  charge,  yet  the  failure  of  repeated 
wardens  to  achieve  entire  success  makes  it  clear  that  the 
fault  is  with  conditions  rather  than  Avith  men.  These  con- 
ditions, to  some  extent  at  least,  it  is  within  your  power 
to  change  and  improve.  I  urge  that  this  be  done  now,  as 
a  new  administration  takes  up  with  courage,  ability  and 
determination  its  difficult  task. 


Special  Messages.  1531 

[To  the  honorable  house  of  representatives,  March  27,  1893.] 

I  return  herewith,  with  my  ol)jections,  a  l)ill  entitled 
"  Au  Act  relative  to  j)ersons  employed  in  the  tire  depart- 
ment of  the  city  of  Boston,"  which  originated  in  your 
body. 

This  bill  applies  to  a  single  executive  department  of  a 
single  city  of  the  Commonwealth,  and  undertakes  to 
regulate  therein  an  important  detail  of  administration, 
which  is  at  present  wholly  controlled  by  the  executive 
authority  of  said  city  and  so  by  her  citizens  themselves. 
A  general  law,  enacting  the  provision  of  this  bill  as  a 
general  policy  for  the  state,  applicable  to  all  her  cities, 
has  been  defeated  by  this  legislature. 

I  fully  sympathize  with  the  desire  of  the  legislature  to 
lessen  the  hours  of  labor  in  this  department,  but  I  do  not 
believe  in  the  principle  that  the  state,  even  to  accomplish 
a  desirable  end,  should  interfere  with  the  right  of  local 
self-government  by  the  city  of  Boston  or  by  any  other 
community,  or  should  undertake,  by  special  law,  to  con- 
trol a  department  thereof  or  to  regulate  its  details. 

Against  such  interference  I  have  constantly  protested 
both  by  recommendation  and  veto,  frequently  declaring 
that  the  risht  of  local  self-s^overnment  "  should  be  care- 
fully  conserved,"  and  recommending  "  that  whenever  and 
wherever  possible  this  right  should  be  left  in  or  restored 
to  her  respective  cities  and  towns,"  and  that  "as  ftir  as 
possible  every  local  community  should  be  left  to  govern 
itself  and  to  determine  for  itself  questions  of  administra- 
tion and  public  policy  which  affect  its  interests."  I  have 
earnestly  urged  that  the  control  of  the  police,  of  which 
she  has  been  most  unjustly  and  unfortunately  deprived, 
should  be  restored  to  the  city  of  Boston.  I  am  quite 
unwilling  to  sanction  an  attempt  by  the  state  to  direct 
another  of  her  departments  or  to  interfere  with  its  control 
by  the  proper  local  authority.  I  can  think  of  no  depart- 
ment in  which  the  citizens  of  Boston  just  now  have  a 
keener  interest,  or  over  wdiich,  through  their  chosen 
servants,  they  should  have  a  more  direct  and  unhampered 
control,  than  their  fire  department.  They  know  its  needs 
and  its  wishes  and  are  vitally  interested  in  its  efficiency. 
They  appreciate,  I  believe,  the  labor,  danger  and  faithful 
service  of  the  men  in  this  department,  and  are  ready  to 
grant  them  such  relief  from  constant  duty  as  is  consistent 
with  the  public  interest  and  safety. 


1532  Special  Messages. 

Of  these  matters  they  are  most  competent  and  respon- 
sible to  judge.  I  sincerely  trust  that  their  opinion  ex- 
pressed through  their  officials  may  agree  with  the  opinion 
expressed  by  the  legislature  in  this  bill,  but  I  am  unwill- 
ing, by  approving  the  bill,  to  say  that  they  shall  have  no 
power  to  control  this  matter,  or  that  a  hard  and  fast  rule 
shall  be  laid  down  for  them  in  the  administration  of  this 
department,  which,  if  adopted,  places  the  matter  beyond 
their  discretion  and  supervision. 

Nor  does  it  obviate  this  objection  that  the  act  does  not 
take  effect  until  approved  by  the  mayor  and  city  council. 
If  this  leaves  to  them  the  same  power  they  now  have, 
then  the  act  is  wholly  unnecessary.  If  it  does  not,-  then 
it  is  an  interference  with  the  risht  of  local  self-govern- 
ment.  It  is  clear,  however,  that,  if  approved,  the  control 
of  an  important  part  of  this  department  will  not  be  within 
the  discretion  as  now  of  the  city  of  Boston,  but  will  be 
defined  by  statute  which  can  only  be  changed  by  the 
legislature.  The  amended  charter  of  Boston  places  this 
department  under  the  executive  of  the  city,  who  is 
immediately  responsible  to  the  people  and  subject  to  their 
control.  Without  any  petition  or  request  from  him  or 
the  city  council,  or  the  department  itself,  but  against  the 
protest  of  the  authorities  in  charge,  this  bill  has  been 
passed. 

I  regret  to  differ  from  the  legislature  in  this  matter. 
The  end  desired  commends  itself  to  my  sympathy  and 
judgment. 

The  general  tendency  to  shorten  the  hours  of  labor  and 
improve  the  condition  of  all  wage  earners  has  constantly 
received  my  official  recommendation  and  approval.  I 
shall  be  glad  to  cooperate  with  you  in  any  wise  measure 
or  general  policy,  consistent  with  public  interests,  in  this 
direction ;  but  I  believe  it  important  also,  as  urged  in  a 
former  message  to  the  legislature,  "jealously  to  guard 
the  right  of  local  self-government,  preserve  it  when  pos- 
sible and  restore  it  where  necessary." 

[To  the  honorable  senate  and  house  of  representatives,  April  17,  1893.] 
At  the  request  of  the  board  of  prison  commissioners  I 
submit  herewith  for  your  consideration  the  enclosed  com- 
munication received  by  me,  which  suggests  "  such  an 
amendment  to  the  law  governing  sentences  to  the  reforma- 
tory prison  for  women  as  will  permit  the  imprisonment 
therein  of  women  convicted  in  any  United  States  court." 


Special  Messages.  1533 

[To  the  honorable  senate  and  house  of  representatives,  April  24,  1893.] 

I  transmit  lierewith  for  your  consideration  a  communi- 
cation from  the  board  of  prison  commissioners  which  asks 
for  an  appropriation  of  $2,500  for  repairing  the  workshop 
at  the  state  prison  damaged  by  lire  on  April  19,  1893. 

[To  the  honorable  senate  and  house  of  representatives,  April  25,  1893.] 

I  transmit  herewith  for  your  consideration  a  communi- 
cation received  by  me  from  the  Boston  associated  board 
of  trade  and  the  Massachusetts  state  board  of  trade,  which 
communication  calls  attention  to  some  bills  now  pending 
before  you  granting  to  quasi  public  corporations  special 
charters  and  privileges,  and  to  certain  provisions  therein 
which  they  deem  objectionable.  These  provisions  it  is 
alleged  permit  the  issue  of  capital  stock  and  bonded  debt, 
and  the  lease,  purchase,  sale  or  consolidation  of  the  cor- 
porations without  official  supervision  or  proper  restric- 
tions to  prevent  the  watering  of  such  stock  and  debt,  and 
to  protect  the  interests  of  the  public.  The  petitioners 
request  that  a  general  law,  covering  these  points,  be 
enacted,  "  which,  while  permitting  of  the  issue  of  such 
stock  and  bonds  as  may  be  adequate  for  strict  business 
construction  on  the  part  of  quasi  public  corporations,  such 
as  railroads,  street  railways,  gas  and  water  companies, 
and  while  granting  such  other  reasonable  powers  as  may 
be  needed,  will  effectually  guard  against  the  direct  or 
indirect  watering  of  stocks  or  debt,  whether  by  corpora- 
tions hereafter  organized,  or  by  those  heretofore  organ- 
ized, under  general  or  special  laws." 

Without  expressing  any  opinion  upon  pending  legisla- 
tion, I  commend  the  communication  to  that  careful  and 
prompt  consideration  which  the  importance  of  the  subject 
as  well  as  the  responsi])le  character  of  the  petitioners 
demand.  The  opinion  of  these  business  men,  represent- 
ing more  than  forty  boards  of  trade  and  business  associa- 
tions within  the  Commonwealth,  is  certainly  entitled  to 
great  weight  upon  a  business  question  of  this  character. 


[To  the  honorable  senate.  May  5,  1893.] 

I  herewith  return  with  my  objections  the  bill  entitled 
"  An  Act  to  incorporate  the  town  of  East  Longmeadow," 
which  originated  in  your  body.  The  bill  provides  for  the 
division  of  one  of  the  oldest  and  best  of  the  towns  of  the 
Commonwealth  against  the  earnest  protest  of  the  inhabi- 


1534  Special  Messages. 

tants  thereof  twice  formally  expressed  by  a  very  large 
majority.  Amendmeuts  to  the  bill  providing  that  it  shall 
take  effect  only  when  accepted  by  a  majority  or  even  by 
one  third  of  the  voters  of  the  town  have  been  rejected. 
The  evident  and  earnest  wish  of  the  town  upon  the  vital 
question  of  its  continued  existence  in  my  judgment  should 
be  decisive  in  the  absence  of  strong  reasons  justifying  its 
forcible  division.  I  have  examined,  therefore,  carefully, 
the  reasons  urged  for  such  action,  the  consequences  which 
would  result  and  the  general  policy  of  the  Commonwealth 
upon  the  subject. 

I  find  that  it  is  the  established  policy  of  this  Common- 
wealth, as  evidenced  by  its  legislation  for  many  years,  ta 
allow  each  community  to  decide  for  itself  this  question. 

Usually  the  village  seeking  separate  incorporation  has 
come  to  the  legislature  after  formal  application  to  the 
parent  town  and  with  its  consent.  While  cases  may  arise 
of  such  injustice  and  hardship  that  it  is  impossible  to 
obtain  such  consent  and  nevertheless  inexpedient  to  deny 
the  application, — yet  the  instances  have  been  very  few 
where  the  Commonwealth  has  been  willing  to  overrule  the 
expressed  wish  of  the  community  interested,  and  to  dis- 
regard this  ris^ht  of  local  self-o;overnment. 

During  the  last  fifty  years,  while  there  have  been  over 
one  hundred  and  fifty  petitions  for  town  divisions  but  five 
towns  have  been  divided  against  their  will.  Forty-six 
have  been  divided  with  their  own  consent,  and  one  hun- 
dred applications  have  been  opposed  and  defeated.  This 
very  town  of  Longmeadow  was  set  ofl'  from  Springfield 
one  hundred  and  ten  years  ago  with  the  consent  and  by 
the  vote  of  Springfield.  During  the  last  thirty  years  but 
one  town  in  its  county  has  been  divided,  and  then  by  vote 
of  the  parent  town.  This  almost  unbroken  record  of 
refusal  by  the  Commonwealth  to  divide  towns  against  their 
will  makes  it  necessary,  in  my  judgment,  to  prove  strong 
reasons  to  justify  such  action.  I  do  not  find  such  reasons 
in  this  case. 

It  appears  that  the  town  consists  of  two  villages  some 
three  and  one  half  miles  apart  and  quite  distinct  in  the 
life  and  occupation  of  their  inhabitants.  But  this  fact  is 
true  of  numerous  towns  and  if  sufficient  to  justify  a 
forcible  division  of  a  town  would  lead  to  endless  sub- 
division of  communities  into  small  political  units  where, 
if  not   constant   friction,   there  would  be  difficulty  and 


Special  Messages.  1535 

embarrassment  in  proper  concert  of  action,  the  more 
necessary  as  better  means  of  communication  and  com- 
mon public  interests  in  schools,  institutions,  etc.,  are 
In-ingiug  the  people  closer  together.  The  town  of  Fal- 
mouth, for  example,  consists  of  seven  or  eight  different 
villages,  man}''  of  them  clearly  separated  by  natural  con- 
ditions and  the  life  and  occupation  of  their  people.  This 
M'ould  hardly  justify  the  creation  out  of  it  of  seven  or 
eight  towns,  especially  against  the  overwhelming  protest 
of  its  people.  1  do  not  find  iu  the  case  of  Longmeadow 
any  course  of  conduct  by  the  majority  towards  the 
minority  which  constitutes  a  grievance  and  justifies  a 
separation.  There  appears  to  have  been  no  unfair 
division  between  the  two  villages  of  the  burdens  and 
benefits  of  their  town  government  or  of  their  town 
officers,  no  excessive  tax  rate  or  valuation  and  no  injus- 
tice in  the  holding  of  their  town  meetings.  On  the 
contrary,  its  tax  rate  has  been  low,  much  below  the 
average  of  the  Commonwealth  and  the  lowest  in  its 
county.  I  am  informed  that  no  complaint  has  ever  been 
made  to  the  assessors  of  unequal  or  unjust  valuation,  and 
that  the  petitioners  have  asked  for  no  appropriation  from 
the  town  which  has  not  been  granted,  and  have,  through 
their  counsel,  admitted  at  the  hearing  a  year  ago  that 
they  came  to  the  legislature  without  a  grievance. 

Except  upon  the  question  of  division  the  inhabitants  of 
the  town  seemed  to  have  lived  happily  and  prosperously 
together  for  more  than  a  hundred  years. 

It  further  appears  that  if  this  bill  is  enacted,  among  the 
results  which  follow  will  be, — 

First,  The  division  of  a  town  at  present  below  the 
average  of  the  towns  of  the  Commonwealth  in  population, 
area,  polls  and  voters,  and  below  the  average  population 
of  the  nineteen  towns  of  its  county. 

Second,  The  creation  of  a  town  with  a  population  of 
only  five  hundred  and  seventy  and  a  little  over  one  hun- 
dred voters,  and  without  a  single  industry,  —  a  town 
smaller  than  any  in  Bristol,  Norfolk  and  Essex  coun- 
ties, or,  with  six  exceptions,  in  Plymouth,  Worcester  and 
Middlesex  counties. 

Third,  That  there  will  be  great  inequality  made  by  the 
division  in  the  burdens  of  taxation  and  town  government 
upon  the  two  villages  ;  that  substantially  the  whole  of  the 
bank  and  corporation  tax  will  go  to  the  smaller  village 


1536  Special  Messages. 

and  will  be  sufficient  to  pay  for  the  care  of  its  highways, 
schools  and  poor ;  that  on  the  basis  of  past  expenditure 
the  tax  rate  of  the  smaller  village  can  be  reduced  from 
$9.50  per  thousand  to  about  $4,  while  the  tax  rate  of  the 
larger  village  would  be  increased  to  over  $13. 

The  Commonwealth  is  asked,  therefore,  against  the 
emphatic  protest  of  this  town,  to  interpose  her  superior 
authority  and  forcibly  to  divide  it,  with  no  substantial 
grievance  as  the  basis  of  such  action,  but  with  the  cer- 
tainty that  there  will  result  great  inequality  in  the  bur- 
dens upon  the  separated  villages. 

I  believe  such  action  is  not  only  contrary  to  a  sound 
and  well-established  policy  of  the  Commonwealth,  but  also 
to  a  just  and  healthy  public  sentiment,  which  seeks  to 
lessen  rather  than  increase  the  great  inequality  in  taxation 
and  in  the  public  burdens  and  benefits  between  different 
localities. 

While  the  rights  of  a  minority  in  any  community  should 
be  carefully  protected  and  upheld,  the  rights  of  a  majority 
in  such  community  are  also  entitled  to  respect.  Among 
these  is  the  fundamental  right,  if  not  forfeited  by  their 
own  misconduct  or  controlled  by  a  supreme  public  neces- 
sity, of  preserving  undivided  and  unimpaired  their  town 
existence  with  its  history  and  traditions,  its  long  and 
honorable  life. 

[To  the  honorable  senate  and  house  of  representatives,  May  25,  1893.] 

I  transmit  herewith  for  your  consideration  a  communi- 
cation this  day  received  by  me  from  the  board  of  prison 
commissioners,  requesting  an  additional  appropriation  for 
the  completion  of  the  extension  of  the  state  prison  at 
Charlestown,  together  with  an  itemized  statement  of  the 
expenditures  incurred  and  an  estimate  in  detail  of  the 
amounts  that  will  be  required  to  finish  the  work. 


CHANGE  OF  NAMES. 


CHANGE   OF   I^AMES   OF  PEPvSO:NS. 


In  compliance  with  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of 
the  following  changes  of  names  have  been  received  in  the  office  of  the  secretary  of  the 
Commonwealth,  as  decreed  by  the  several  judges  of  the  probate  courts  In  their  respective 
counties:  — 

BARNSTABLE  COUNTY. 


Date  of 
Decsee. 


Original  Name. 


Name  Decreed. 


Residence. 


1892. 

Jan. 

12, 

April 

19, 

19, 

June 

21, 

Dec. 

13, 

Frederick  Reed,* 
Edwin  Ray,*    . 
Pliebe  8.  Eldridae, 
Alton  B.  Wixon,* 
Ossie  W.  Chase,* 


Paul  Alexander  Clark,  . 
Edwin  Ray  Snow,  . 
Phebe  Shurtleff,       . 
Alton  B.  Long, 
Franklin  Thomas  Dean, 


"Wellfleet. 

Yarmouth, 

Yarmouth. 

Dennis. 

Dennis. 


BERKSHIRE  COUNTY. 


Jan. 


Feb. 
March 


Nov. 


Mary  McNulty,* 
William  McNulty,* 
Ida  Decker,*    . 
Guy  Asahel  Campbell, 
Marguareta  Perce,* 
Fred  Burnside  Place,* 
Ora  I.  Clark,* 
Harry  Decker,* 
Alice  Woods  .Jacobs,* 
Annie  Pratt,*  . 


Mary  Hourahan 

William  Cassidy,     .        .        .        . 

Ruth  Laura  Phillips, 

Guy  Asahel  Campbell  Lawrence, 

Hazel  Lorrenna  Shultis, 

Fred  Burnside  White, 

Ora  I   Lees, 

Harry  Dearing, 

Mabel  May  Stearns, 

Mertie  A.  Allen, 


North  Adams. 

North  Adams. 

Cheshire. 

Lenox. 

North  Adams. 

North  Adams. 

Florida. 

Great  Barrington. 

Dalton. 

North  Adams. 


BRISTOL  COUNTY. 


March 

4, 

Francis  Dowd,*       .... 

Francis  Dowd  Mannion, 

New  Bedford. 

AprJl 

1, 
1, 

Louisa  Harriet,* 
Louise  E.  Adshead, 

Louisa  Alice  Wetherell, 
Louise  E.  Goddard, 

Dighton. 
Fall  River. 

May 

6, 

Fred  Manchet, 

Fred  Mansfield, 

Raynham. 

July 

1, 

Clarinda  Bouthiette,* 

Clarinda  Plante, 

New  Bedford. 

Sept. 

16, 

Madeline  Dwart,*   . 

Madeline  Sampson, 

New  Bedford. 

Nov. 

4, 

Geo.  H.  Stephens,* 

Charles  Bradly  Gustin,  . 

Attlebo  rough. 

Dec. 

2, 

Mary  A.  Connelly,* 

Hester  Crawford  Wade, 

Easton. 

2, 

Horace  Lincoln  Cushing,* 

Horace  Cushing  Mills,    . 

New  Bedford. 

2, 

Malvinia  F.  Holman,*     • 

Malvinia  Holman  Goff,  . 

Fall  River. 

DUKES  COUNTY. 


Feb.      10,  I  Chester  Campbell,*  .        .        .     Walter  Loyd  Mayhew, 

April      5,      Dorothy  Clark,*      .        .        .        .     Eliza  May  Stratton, 


Chilraark. 
Cottage  City. 


*  Changed  by  reason  of  adoption. 


1540 


Change  of  Names. 


ESSEX  COUNTY. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

189a. 

Jan. 

4, 

Effle  M.  Hereey,*    .... 

Ethel  Mane  Trasli, 

Lynn. 

18, 

Mary  F.  Murphy,*  . 

Marv  Frances  Weld, 

Boston. 

Feb. 

15, 

Joseph  Birmingham,*     . 

Joseph  Ahern 

Peabody. 

March 

7, 

Augustine  W.  Rich  (sec 

ond) 

Augustine  Hall  Rich, 

Swampscctt. 

14, 

Milton  L.  Goodere,* 

Roy  Henry  DeLand, 

Lynn. 

14, 

Helen  M.  Hall,*       . 

Helen  Meredith  Hall  Ellison, 

Haverhill. 

14, 

Roberts,* 

Ruth  Charlotte  Josephine  iMortenson, 

Gloucester. 

April 

4, 

Philoraine  Lapointe,* 

Philomine  Cote,       .... 

Lynn. 

11. 

Frank  E.  Higgins,* 

Frank  Ellis  Jellison, 

Lynn. 

18, 

Siefert,*  . 

Marion  Leroy  Janvrin,   . 

Boston. 

June 

6, 

Nettie  Palm,*  . 

Hildah  Myers,          .... 

Tewksbury. 

20, 

Emma  C.  Loftus,*  . 

Emma  Christina  Blomquest, 

Lawrence. 

July 

18, 

Page,* 

Rebecca  Mercy  Eldridge, 

Lynn. 

Aug. 

1, 

Leola  M.  Verrill,*   . 

Leola  Morton  Kimball,  . 

1, 

Eva  M.  Nutter,* 

Eva  May  Bowen,     .... 

Haverhill. 

Sept. 

6, 

Raymond  H.  Pool,* 

Raymond  William  Sargent,   . 

Rockport. 

Oct. 

3, 

Thomas  Huggup,*  . 

James  Arthur  Byers, 

Beverly. 

3, 

Paul  Webber,* 

'Stanley  Webber  Annable,      . 

Boston 

10, 

Ralph  0.  Eaton,*     . 

Ralph  C.  Stockbridge,    . 

Haverhill. 

IT, 

Raymond  McGlynn,* 

Raymond  George  Robinson, 

Lawrence. 

17, 

Agnes  Mabel  Bogart,* 

Agnes  Mabel  Pyne, 

Lynn. 

24, 

Annie  O'Leary,*     . 

Annie  Maud  Mercer, 

. 

Nov. 

7, 

Alexander  Hissoire, 

Alexander  Hissoire  Brown,  . 

Haverhill. 

14, 

Alice  L.  Armstrong, 

Alice  Lillian  Jenkins,     . 

Lynn. 

21, 

AloQzo  H.  Grant,*  . 

Roy  Alonzo  Hainer  Torrey,  . 

Haverhill. 

Dec. 

19, 

Charles  E.  Whittier,* 

Charles  Edward  Shackleton, 

Lawrence. 

19, 

William  Ropes, 

William  Colby  Ropes,    . 

Lynn. 

FRANKLIN  COUNTY. 


Jan.        5, 

David  Manning  Purrington,* 

David  Manning  Purrington  Bassett, 

Charleraont. 

March    1, 

Robert  Foley,*         .... 

George  Francis  Cohen,  . 

Greenfield. 

April      5, 

Weston  Kent,*         .... 

Edwin  Crandall  Harris, 

Deerfield. 

5, 

Eddie  (Stevens?),* 

Charles  Edward  Stuart, 

Orange. 

May        3, 

Grace  Hutchins,*    .... 

Grace  Emily  Wheeler,  . 

Orange. 

17, 

Lillian  Rand,*          .... 

Lillian  May  Sanderson,  . 

Whately. 

Sept.    17, 

John  Montgomery,* 

Albert  Henry  Knight,    . 

Whately. 

HAMPDEN  COUNTY. 


Jan. 

6, 

20, 

Feb. 

3, 

3, 

March 

16, 

16, 

April 

6, 

6, 

June 

1, 

15, 

15, 

July 

22, 

Sept, 

14, 

Oct. 

5. 

19, 

Dec. 

7, 

Clarence  Chamberlin,* 
Caroline  Koch,* 
Clarence  Cook,* 
Charles  Shipman,* 
Delia  Bareumb,* 
Loise  Bareumb,* 
Rosa  Gravel,*  . 
Ruth  Mabel  Woodcock,' 
Ann  Eliza  Phillips, 
Isaac  Coveusky, 
Frances  Eggleston,' 
Charles  Raymond  Savage,* 
Harry  Andrew  Carroll,* 
Mabel  Zeigler  Benjamin,* 
Cathoriiie  Curtin,*  . 
Frederick  Connor,*         . 


Clarence  Woodbury  Cilley, 
Emily  May  Randall, 
Elwood  Clarence  Keith, 
Charles  Alfred  Hadd, 
Delia  Deforge,         . 
Loise  Le  Due, 
Rosa  Belleville, 
Ruth  Mabel  Grifflu, 
Ann  Eliza  Watson, 
Isaac  Coven,     . 
Gladys  Emeline  Chapin, 
Charles  Raymond  Mitchell, 
Harry  Andrew  Russell, 
Mabel  Zeigler  Olmstead, 
Catherine  Cavanaugh,     . 
Frederick  Stevenson, 


H. 


Woonsocket,  R.  I. 

Westtield. 

Concord,  S. 

Springfield. 

Wilbrahara. 

Wilbraham. 

Springfield. 

Springfield. 

Chicopee. 

Springfield. 

Westfield. 

Springfield. 

Springfield. 

Springfield. 

Ilolyoke. 

Holyoke. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


15:tl 


HAMPSHIRE  COUNTY. 


Date 

of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1892. 

March 

1, 

Susan  P.  Wesley,*  .... 

Susan  Vvesley  Steele,     . 

Hyde  Park. 

1, 

Milicent  Wesley,*   . 

Milicent  E.  Hawley, 

Hyde  Park. 

April 

5, 

Bertha  K.  Bates,*    . 
LoisrElhel  Cusliraan,*    . 

Bertha  Hatlie  Morrison, 
Lois  Ethel  Angell,  . 

Souihauipton. 
Hunliijgton. 

June 

5. 

Frank  Tufts,    . 

Frank  Kinne,   . 

Checterfield. 

July 

6. 

Catherine  Hiner,*    . 

Catherine  O'Donnell, 

Easihuniplon. 

Aug. 

9, 

Ehner  .Arthur  Brighara,* 

Harrison  Franklin  Wilhur, 

Amhi-rst. 

Sept. 

6, 
13, 
13, 

Nellie  Grace  Culver,*      . 
Euclid  Ueoffrion,*  . 
Louis  Geoffrion,*    . 

Nellie  Grace  Streeter,     . 
Euclid  Charbonneau, 
Louis  Charbonneau, 

Worthiiigton. 
St.  Anne,  Canada. 
St.  Anne,  Canada. 

Dec. 

6, 

6, 

13, 

13, 

Laura  I'earl  Oilman,*     . 
M'illiam  Hall,* 
Lena  Kuntzel,* 
Margaret  Thompson,*    . 

Pearl  Oilman  Scott, 
Eugene  Norman  Durkce, 
Lena  Kuntzel  Gates, 
Bertha  Louise  Kice, 

Boston. 
Boston. 
Agawam. 
Worcester, 

MIDDLESEX  COUNTY. 


Jan. 

5, 

Archie  R.  Sweatland,*    . 

Archie  Harmon,      .... 

Belchertown. 

12, 

Harrison  Otis  Baiues,*  . 

Harrison  Otis  Pickering, 

Everett. 

19, 

Clara  Frances  Murphy,* 

Clara  Frances  O'Keefe,  . 

Somerville. 

26, 

Gertrude  Foster,*    . 

Elsie  Theresa  Collins,     . 

Cambridge. 

Feb. 

2 

William  Herbert  FoUom, 

William  Gray  Fo'sora,   . 

Newton. 

9! 

Kate  Ayers  Claflin, 

Kate  Ayers  Green, 

Arlington. 

9. 

James  Snow,*  . 

Harwood  Dillon  Granger, 

Med  ford. 

9, 

Ellen  Collins,* 

Ellen  Shea, 

Marlborough. 

16, 

Laura  Maud  Kingsley,* 

Eftie  May  Ilurlbut, 

AVakefield. 

23, 

Gertrude  Sylvester,* 

Gertrude  Sylvester  Ilarringt 

3n,    . 

1  Boston. 

March 

1, 

Horatio  Fogg  Tibbetts,  . 

Horatio  Fogg  Twombly, 

i  Fraraingham. 

1, 

Annie  Dean,*  . 

Jessie  May  tonow, 

Wakefield. 

8, 

Nellie  Matthews,*   . 

Helen  Amelia  Dimon,     . 

Lowell. 

22, 

Daisy  Watrous,*      . 

Mary  Anna  Clark  Dexter, 

j  Melrose. 

22, 

Robert  Moran,* 

Robert  Chester  Smith,    . 

1  Milton. 

22, 

Emma  Amelia  Park,* 

Emma  Amelia  Sylvester, 

Newton. 

22, 

William  Austin  Dakin,* 

William  Austin  Perkins, 

Hopewell,  N.  B. 

April 

5, 

Florence  Minetta  Capron,* 

Florence  Minetta  Butters, 

VVrcnthara. 

19, 

Laurice  Taylor  tiussell,* 

Laurice  Ta3lor  Moreland, 

Arlington. 

19, 

Mary  Simpson  Whitman,* 

Leslie  Field  Farrington, 

Lowell. 

May 

17, 

Frederick  Owen  Coombs,* 

Frederick  Owen  Stuart, 

Maiden. 

24, 

Sarah  Elvira  Williamson,* 

Sarah  Elvira  Blake, 

Lowell 

June 

7, 

Edward  Erail  Horra, 

Edward  Emil  Weisbach, 

Cambridge. 

14, 

Dora  Sumner,* 

Dorothy  Bouve, 

1  Cambridge. 

14, 

Emma  Maria  Knight,*    . 

Emma  Marie  Taylor, 

i  Everett. 

21, 

Elmer  Augustus  W^right,* 

Elmer  Augustus  Gilson, 

'  Lawrence. 

21, 

Frank  Eagan,* 

Frank  Irving  Melvin, 

Cambridge. 

28, 

W^iUiam  .Albert  Smith,   . 

William  Albert  Somers, 

Somerville. 

28, 

Agness  Gertrude  Bruce,* 

Agness  Gertrude  Phelps, 

i  Hudson. 

July 

5, 

Ida  Bell  Gromer,*  . 

Ida  Bell  Percy, 

j  Cambridge. 

26, 

Flora  Barton,* 

Florence  Rose  Nichols,  . 

Monson. 

Sept. 

6, 

Beatrice  .A kisson,*  . 

Beatrice  Emma  Bishop, 

Boston. 

6, 

Charles  S.  Barrows,* 

Charles  S.  Carr, 

Everett. 

6, 

Walter  A.  Felker,   . 

Albert  Johnson  Stackpole, 

Lowell. 

6, 

Charles  F.  M.  Figher, 

Charles  Fordice  Meade  Fish, 

Chelmsford. 

6, 

Katie  Fogarty,* 

Katie  Murphy, 

W^altham. 

6, 

Ethelwyn  .Sophia  Matthews, 

Ethelwyn  Sophia  Bailey, 

Maiden. 

6, 

Charles  Raphael  Mclntyre,* 

Clarence  Eugene  Foster, 

Boston. 

6, 

Lucinda  B.  I'ockuett,*    . 

Lulu  Frances  Martin, 

Cambridge. 

6, 

Ethel  Gertrude  Townsend,* 

Ethel  Gertrude  Ormsby, 

Maiden. 

6, 

Frank  Lester  Wyman,*  . 

Frank  W.  Bulette,  . 

Ludlow,  Vt. 

Oct. 

4, 

Augusta  Severin,*  . 

Myrtle  Gladys  White,    . 

Boston. 

11. 

Eblia  Robin.son,*     . 

Mildred  March, 

Easton. 

11. 

George  \V    Garland,* 

George  W^ashingtou  Phinney 

Boston. 

11. 

Dora  Murray,* 

Dora  Louise  Collier, 

Chelsea. 

18. 

Mildred  Louise  Gee,*     . 

Mildred  Louise  Finney, 

U.  Wicklow.N.B. 

25, 

Annie  L.  Garbit,     . 

Annie  Louise  Ralph, 

Cambridge. 

*  Ckanged  by  reason  of  adoption. 


1542 


Change  of  ^ames. 


MIDDLESEX  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1S93. 

Oct.       25, 
25, 
25, 

Nov.       9, 
15, 
22, 
22, 
22, 

Dec.      6, 
6, 
6, 
13, 
13, 
20, 
20, 
27, 

Clara  F.  Garbit,       . 
Frederick  E.  Oarbit, 
Roy  Horton,*  . 
Mabel  Bruce,* 
Rhoda  Eunice  Jiidd,* 
Mabel  Swett,* 
Otis  Henry  Hamford,* 
Harry  J.  Smith,*     . 
George  Dionne, 
Phillip  Dionne. 
Benlii  Leoua  York,* 
Ralph  Eaton,*  . 
John  Trull  Swords, 
Irene  Coffey,*  . 
Harry  Dwight  Corey, 
Susie  Victoria  Lehr,* 

Clara  Frances  Ralph,      . 
Harold  Edward  Ralph,  . 
Clayton  Roy  Fuller, 
Mabel  Ethel  Newell, 
Mildred  Eleanor  Blodgett, 
Mabel  Barss,    . 
Harold  Everard  Carleton, 
Harry  Johnson  Colby,    . 
George  Gibson, 
I'hillip  Gibson, 
liuth  Miles  Bailey,  . 
Ralph  Eaton  Hrown, 
John  Swords  Trull, 
Mildred  Alice  Linnell,    . 
Harold  D  wight  Corey,    . 
Florence  Louise  Campbell, 

Cambridge. 

Cambridge. 

Lynn. 

Boston. 

Stanstead,  P.  Q. 

Boston. 

Haverhill. 

Cambridge. 

Newton. 

Newton. 

Harrison,  Me. 

W^altham. 

Belmont. 

SomcrvlUe. 

Newton. 

Boston. 

NORFOLK  COUNTY. 


Jan. 

fi. 

Maud  Barrows  Upson,*  . 

Maud  Barrows  Dutton,  . 

Plantsville, 

Conn. 

fi, 

Mabel  Lillian  Upson,*    . 

Mabel  Lilian  Dutton, 

Plantsville, 

Conn. 

fi, 

George  Abbot  Weld, 

Abbot  Morse, 

titous;hton. 

*i, 

Catherine  Alice  Weld,    . 

Catherine  Alice  Morse,  . 

Stoughton. 

fi, 

Herbert  Abbot  Weld,     . 

Herbert  Abbot  Morse,    . 

Stoughton. 

6, 

Eutrene  Weld, 

Eugene  Morse,         .... 

Stoughton. 

20, 

Harold  Reynolds,*  . 

Harold  Reynolds  Tucker, 

Stoughton. 

Feb. 

3, 

Edith  Munson,* 

Pansy  Edua  Allen 

Boston. 

3, 

Florence  Beatrix  Phillips,* 

Florence  Beatrice  Sabray  Diman, 

Boston. 

10, 

Elsa  Dahl,*       . 

Elsa  FroKuid 

Sweden. 

June 

8. 

Maybell  Lee  Batson,* 

Maybell  Lee  Wood, 

New  Brunswick. 

22, 

Emma  Forbes, 

Emma  Morton,         .... 

Sharon. 

July 

20, 

Louis  Albert  Hall,* 

Louis  Albert  Langsdale, 

Newton. 

27, 

Mary  Frances  Murphy,* 

Frances  Althea  Smith,    . 

j   Denver. 

Sept. 

7, 

Lilias  Jordan  liattray,*  . 

Lilias  Jordan  Rattray  Mcintosh,  . 

j  (Ontario. 

21, 

Samuel  McGlvnn,* 

Samuel  James  Bunker,  . 

Weymouth 

28, 

Milcheli.* 

George  Weston  Abbott, 

Chelsea. 

Nov. 

16, 

Ashton  Fay  McQuarrv,* 

Ashton  Fay  McLeod,      . 

Boston. 

Dec. 

7, 

George  Washington  Eliot, 

George  Worcester  Eliot, 

Brookline. 

PLYMOUTH  COUNTY. 


Feb.  8, 
March  22, 

28, 
April  25, 
May  9, 
June     27, 

27, 
Sept.    12, 


Mildred  Ellis  Cole,* 
Martha  J.  Kimball, 
Franklin  Gaboon,*  . 
Richard  Stevenson,* 
UUie  Gushing,* 
Bai-tha  Augusta  Beyerlieb,* 
Warren  Bickford,* 
Esther  Herff,   . 


Mildred  Cole  Cushman,  . 
Martha  J.  Perkins, 
.John  Franklin  Ryder,     . 
Richard  Tolraan, 
Annie  May  Morey,  . 
Elvira  Augusta  Johnson, 
Warren  Henry  Tobey,   . 
Eva  May  Bumpus,  . 


Kingston. 
Brockton. 
Wareham. 
Hingham. 
Brockton. 
Brockton. 
Brockton. 
Brockton. 


SUFFOLK  COUNTY. 


Jan. 


Feb. 


Arthur  Henry,* 
John  8.  Dalton,* 
Daisy  Rogers, 
Bertha  Ford,*  . 
Joseph  E.  Longlois 


Arthur  Ford 

John  Suinbnrne  Daltou  Mills, 
Marguerite  Rogers, 

Bertha  Sands 

Joseph  E.  Long, 


Boston. 
Boston. 
Boston. 
Boston. 
Boston. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


1543 


SUFFOLK  COUNTY  — Continued. 


Date  of 

Dec 

ree. 

Original  Name. 

Name  Decreed , 

Residence. 

1892. 

Feb. 

8, 

Gertrude  Pauline  Knight,*    . 

Gertrude  Pauline  Potter.        .        .'  Amesbury. 

8. 

Annie  Elizabeth  Cashnian,*  . 

Christine  Larain  Mansfield, 

Newburyport. 

15, 

Mildred  Hatcli,* 

Mildred  Hastings,    . 

Boston. 

15, 

Herbert  Washington  Chase,* 

Herbert  Washington  Zarro, 

Boston. 

23, 

Delia  Sidney  Cullen,*     . 

Dorothy  Lucas, 

Maiden. 

29, 

Mary  Josephine  Pitts,* 

Mary  Josephine  McCarthy, 

Boston. 

29, 

George  McDuff,*     . 

George  Nelson  Dawes,  . 

Boston. 

March 

7, 
li. 
14, 
14, 
14, 
21, 
21, 
21, 
21, 
28, 
28, 

riarrv  Proctor  or  Harry 
Ir^abella  Set)ley,*      . 
Charles  E.  Staples,* 
Mary  M   Lynch,*     . 
Marion  Frances  Graves, 
Geo.  Widgery  Brown, 
Joseph  Sullivan,*    . 
Hatlie  Comeford,*  . 
Mertys  Ada  Schrebler,* 
Isabella  Weiss, 
Max  Weiss, 

Harding, 

* 

Jesse  Allen  Holton, 
Isabella  Williams,  . 
Charles  E    Kimball, 
Mary  M.  Cluney,     . 
Marion  Frances  Reed,     . 
Geo.  Widgery  Andrews, 
William  Henry  Parry,    . 
Harriet  Fellner, 
Mary  Ethel  Langtry, 
Isabella  White, 
Mas  White, 

Boston 

Winchester. 

Boston. 

Lubec,  Me. 

Boston. 

Boston. 

Bowtou. 

Boston. 

Methuen. 

Boston. 

Boston. 

28, 

Charles  Louis  Sheidegge 

r,     . 

Charles  Delmont,    . 

Boston. 

28, 

Frederick  Siedel,*  . 

Frederick  Reisser,  . 

Boston. 

April 

4, 

18, 
25, 
25, 
25, 

John  Darney,* 
Ruth  McDonald,*    . 
Lilly  M.  Golfrey,* 
Hattie  Irene  Sherman,* 
Josephine  Thayer,* 

William  Saunders, . 
Mary  Ruth  Clark,   . 
Lilly  M.  Lester, 
Hattie  Irene  Pond,  . 
Maude  Good,   . 

Boston. 
Boston. 
Boston. 
Boston. 

May 

9. 

9, 
16. 
23, 
23, 
23, 

Lawrence  Sincock, 
John  Rowe  Wright, 
Willie  H.  Grieves,* 
Ralph  Kingston,*    . 
Nellie  Rout'hHedge, 
Walter  Grafton,*     . 

Lawrence  Siracox,  . 
John  Wright  Rowe, 
Willie  Grieves  Carter,    . 
Ralph  Kingston  Riggs,  . 
Elinor  Amelia  Smith,     . 
Wm.  Stewart  Colbura,  . 

Boston. 

Boston. 

Boston. 

Boston. 

Waltham. 

Chelsea. 

24, 

John  Killam  McEacham 

* 

John  Killam  Daley, 

Chelsea. 

31, 

Joseph  Ness,    . 

Joseph  Van  Ness,    . 

Boston. 

31, 

Lillie  Katie  Dixon, 

Lillie  Dixon  Fay,     . 

Boston. 

31, 

Collinwood  Taylor,* 

Archibald  Emerson, 

Boston. 

Jane 

9, 

Winifred  Izozelia  ijruce,* 

Winifred  Bruce  Jacobs, 

Boston. 

13, 

Thomas  William  Daley, 

Thomas  William  Dale,  . 

Boston. 

13, 

Olivia  Kirstine  Johnson,* 

Olivia  Kirstine  Cutter,   . 

Boston. 

18, 

Aurelius  Richards,* 

Frank  Leslie  Richards,  . 

Boston. 

25, 

Marion  Elizabeth  Corish,*     . 

Marion  Elizabeth  Gilman, 

Boston. 

25, 

Mary  Keohane,* 

Mary  Giloaly, 

Boston. 

25, 

Ellen  Keohanei*      . 

Ellen  Gilotly,  . 

i   Boston. 

July 

7, 

Herbert  Hasty,* 

Herbert  Whiting  Russell, 

j   Boston. 

14, 

Leopold  Paul  Weiss, 

Leopold  Paule  White,     . 

Boston. 

21, 

Ruth  Notman, 

Ruth  Sloane,    . 

Boston. 

21, 

Bertha  Houghton  Notman,     . 

Bertha  Houghton  Sloane, 

Boston. 

21, 

George  Sloane  Notman, 

George  Sloane, 

Boston. 

28,' 

Harry  M.  Pakulski, 

Harry  M.  Parker,    . 

Boston. 

28, 

Johan  C.  W.  Stolzenwaldt,    . 

John  Charles  Carlson,    . 

Boston. 

Aug. 

18, 

Samuel  Webber,*    . 

Samuel  Augustus  Goddard, 

Boston. 

18, 

Edward  Murray,*   . 

Francis  Edward  Sindona, 

!  Boston. 

Sept. 

1, 

May  Elli  Aldrich,  . 

EllaAldrich,    . 

Boston. 

1, 

Joseph  Barrett,* 

Joseph  Flagg,  . 

Boston. 

1, 

John  William  Ellis, 

John  William  Marshall, 

Boston. 

8, 

Ella  May  Leahy,*    , 

Mary  Elizabeth  Foley,   . 

Boston. 

8, 

Barnard  Lecherzach, 

Barnard  L.  Bernard, 

Boston. 

8, 

Alexander  Steiner, 

Alexander  Steiner  Stanley, 

Boston. 

15, 

Maud  Gretchen  Hanna, 

Maud  Gretchen  Sutherland, 

Boston. 

22, 

Eva  May  Folsom,    . 

Eva  May  Butler,      . 

Boston. 

22, 

Delia  E.  Brown,*    . 

Elizabeth  Brown  Allen, 

Bi>stoa. 

29, 

Alice  Bertha  Hinds,* 

Alice  Bertha  Langille,    . 

Boston. 

Oct. 

13, 

20, 

Mary  Emily  Moore,* 
Charles  Mc.\lli-ter, 

Mary  Emily  Conway,     . 
Charles  Arthur  Marston, 

Boston. 
Boston. 

Nov. 

3, 
10, 
10, 

Lillie  Chantrey,*     . 
Sophia  Mary  Dousett,* 
Frank  O'Bryant,*    . 

Lillian  Mildred  Dixon,  . 
Sophia  Mary  Bundy, 
Nathaniel  LeRoy,    . 

Ijawrence. 

Boston. 

Boston. 

17. 

Rowena  Carver,*     . 

Clara  May  Anderson, 

• 

*  Changed  by  reason  of  adoption. 


1544 


Change  of  Names. 


SUFFOLK   COUNTY  — Concluded. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed.                          Residence. 

1893. 

Nov.     17, 

Francis  P.  Riordan,* 

Francis  P.  O'Connor, 

Boston. 

23, 

Clara  Blanche  Palten,*   . 

Clara  Blanche  Castle, 

Boston. 

25, 

Ernest  Arthur  Paige,*    . 

John  fjowell  Brieham, 

Chelsea. 

25, 

Ituth  Donovan,* 

Riith  Marion  Parker, 

25, 

Edward  Wall,* 

Edward  May  Pease, 

Dec.       I, 

Carrie  A.  Dowlin,  . 

Carrie  A.  Patterson, 

Boston. 

22, 

Mary  Elizabeth  Bemis,* 

Mary  Elizabeth  Ormsby 

Boston. 

29, 

Mary  J.  Loni;,* 

Mary  Kiernan, 

Boston. 

29, 

Charles  Rasinussen, 

Charles  Robertson, 

Boston. 

29, 

Annie  Roth,*    . 

Annie  Moore,  . 

Boston. 

29, 

Grace  Viola  West,* 

Grace  Viola  Rich,  . 

Boston. 

WORCESTER  COUNTY. 


Jan. 


Feb. 


2, 
2, 
2 
2 
2, 

5 

23, 

March    4 

15 

15 

15 

25 

April      1 

5 

5 

5 

12 

12 

19 

19 

3 

17 

24. 

24 


May 


June 

July 
Aug. 

Hept. 
Oct. 


Nov. 


Dec. 


Jane  Com  lie.* 

Mary  Jane  McNeill  (alias  Bessie 

Prindle),*      . 
Edgar  R.  Davie, 
Frederick  Albee,*   . 
Florence  Campbell,* 
Herbert  Ready,* 
Walter    Clifford    Barstow    (alias 

Robert  Alexander),*   . 


Lydia  E.  Lebeati,*  . 
Fianeis  Wilmot  Woodman,* 
Hattie  Louise  Anisden,* 
Marion  Hawes  Chute,     . 
Florence  M.  Pease,* 
Agnes  Etta  Magowan,*  . 
Annie  Whitehead,* 
William  Francis  Shartey,* 
Mary  Manning,* 
Nellie  Josephine  Fanning, 
Walter  Pomeroy,*  . 
Lucia  Corning,* 
Sarah  R.  Howe, 
Emily  Isabel  Oakley, 
A  gnes  Lenjieux.*     . 
Adelia  Marion  Hill, 


Mary  Ellen  Leary,* 

George  Lucier,* 

Etta  Jane  Skinner,* 

George  W.  Eastman,*     . 

George  Nelson  Cutler,*  . 

May  Etta  Kelley,*  . 

Ralph  Benway.*      .        .        .        . 

Emma    Jane    Young     (otherwise 

known  as  Gra^e  Boynton), 
Arthur  .Judisch,*     . 
Carrie  L.  Getchell,* 
Gertrude  Evans,*    . 
William  Christian  Niedermeyer, 
Fred  Nason  Whittier,*  . 
Edith  Amnion,* 
Eva  E.  Lord,*  .... 
Mildred  Alice  Thresher,* 

Faith  Hunter,* 


Gladys  Wetherbee  Beane, 

Mildred  Joy  Ladd,  . 
Edgar  R.  Webber,  , 
Bertie  Edwin  Bemis, 
Florence  Gertrude  Nash, 
Herbert  Cowden,     . 

Clarence  Henry  Ladd,    . 
Luther  William  Hayward, 
Lydia  E.  Wilmot,    . 
Anaelo  Capuro, 
Lizzie  Ella  Grimes, 
Marion  Hoy t  Chute, 
Florence  May  Pea^e  Fuller, 
Madeline  Russell,    . 
Blanche  Isetia  Graves,    . 
William  Francis  Crane,  . 
A  dele  Bullard, 
Helen  Josephine  Fanning, 
(-harles  Milton  Scollay,  . 
Lucia  Barnard, 
Sarah  R  Fuller, 
Harriet  Emily  Lane, 
Alice  Maud  Tibbetts, 
Adelia  Marion  Fay, 
Louis  Sargent  Rockwood, 
Elizabeth  Hennessey, 
(George  Lajore, 
Etta  Jane  Sprague, 
George  W.  Freeman, 
George  Nelson  Rose, 
Bertha  Rosa  Dngar, 
Charles  Otis  Warner, 

Grace  Boynton  Gould,   . 
Arthur  Bonat,  . 
Carrie  L.  Page, 
Gertrude  Eva  tJarnes,     . 
Christian  William  Jacobson, 
Fred  Beaman  Woodbury, 
Edith  Agnes  Dell  Whitaker, 
Eva  E.  Pierce, . 
Mildred  Alice  Hastings, 
Mildniay  Ozro  Crawford, 
May  Houghton  Gates,    . 


Worcester. 

Ashburnham. 

Worcester. 

Barre. 

West  Brookfield. 

Worcester. 

Sturbridge. 

New  Haven,  Ct. 

Uxbridge. 

Worcester. 

Petersham. 

Northborough. 

Churlton. 

Worcester. 

Mi  I  ford. 

Leicester. 

Westborough. 

Worcester. 

Worcester. 

Worcester. 

Athol. 

Worcester. 

Worcester. 

Worcester. 

Ashburnham. 

Fitchburg. 

Worcester. 

Harvard. 

Gariiner. 

Fitchburg. 

Oxford. 

Worcester. 

Worcester. 

Webster. 

Leominster. 

Sterling. 

Fitchburg. 

Sutton. 

Lancaster. 

Leominster. 

Spencer. 

Oakham. 

Worcester. 


Changed  by  reason  of  adoption. 


THE 


CIYIL   GOYERNMENT 


^ommoniuralth  of  JKa.%arItiiBdt^, 

AND  OFFICEKS  IMMEDIATELY  CONNECTED  THEREWITH 
FOR  THE  POLITICAL  YEAR 

1893. 


EXECUTIVE  DEPARTMENT. 


HIS   EXCELLENCY 

WILLIAM   E.    EUSSELL, 

Governor. 
Charles  Warren     ......      Private  Secretary. 

Edavard  F.  Hamlin Executive  Clerk. 

HIS   HONOR 

KOGER    WOLCOTT, 

Lieutenant  Governor. 


COUNCIL— (By  Districts) 

L  — ZIBA  C.  KEITH 

IL  — DAVID  HALL  RICE 

HI.  — JOSEPH  R.  LEESON 

IV.  — JAMES  DONOVAN  . 

v.  — ARTHUR  B.  BREED 

yi.  — LUMAN  T.  JEFTS  . 

VII.- GEORGE  F.  MORSE 

VIII.  — ELISHA  MORGAN  . 


Brockton. 
Brookline. 

Newton. 

Boston. 

Lynn. 

Hudson. 

Leominster. 

Springfield. 


WILLIAM    M.    OLIN, 

Secketary  of  the  Commonwealth. 

Isaac  H.  Edgett,  1st  Deputy.  George  G.  Spear,  2d  Deputy. 

GEORGE    A.    MARDEN, 

Treasurer  and  Receiver  General. 

John  Q.  Adams,  1st  Clerk.  George  S.  Hall,  2d  Clerk. 

Wendell  P.  Marden,  Cashier. 

JOHN  W.  KIMBALL, 


Auditor  of  Accounts. 


William  D.  Hawley,  1st  Clerk. 


James  Pope,  2d  Clerk. 


ALBERT   E.    PILLSBURY, 

Attornet-Generax,. 


George  C.  Travis  . 
Charles  N.  Harris 


First  Assistant  Attorney-General. 
Second  Assistant  Attorney-General. 


LEGISLATIVE  DEPARTMENT. 


GENERAL   COURT. 

Arranged  in  Accordance  with  the  District  Revision  of  1886. 


SENATE. 


President  — ALFRED  S.  PINKERTON. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk,    . 

Albert  S.  Burnham,  . 

Revere. 

Second   " 

John  H.  Dee,     . 

Boston. 

Third      " 

John  F.  Fitzgerald,   . 

Boston. 

Fourth    " 

Patrick  J.  Kennedy,  . 

Boston. 

Fifth       " 

Henry  Parkman, 

Boston. 

Sixth       " 

Edward  J.  Leary, 

Boston. 

Seventh  " 

Abraham  C.  Ratshesky,     . 

Boston. 

Eighth    " 

Herbert  L.  Baker, 

Boston. 

Ninth      « 

Francis  W.  Kittredge, 

Boston. 

First  Essex, 

Charles  H.  Baker, 

Lynn. 

Second    " 

Francis  T.  Berry, 

Salem. 

Third      " 

Luther  Dame,    . 

Newbury. 

Fourth    " 

Edward  P.  Shaw, 

Newburyport. 

Fifth       " 

Samuel  L.  Sawyer,    . 

Danvers, 

Sixth      " 

Richard  A.  Carter,     . 

Lawrence. 

First  Middlesex, 

William  B.  Lawrence, 

Medford. 

Second      " 

Henry  S.  Milton, 

Waltham. 

Third 

John  Read,         .        .        . 

Cambridge. 

Senate. 


1549 


District. 

Name  of  Senator. 

Besidence. 

Fourth  Middlesex,    . 

Maurice  F.  Coughlm, 

Holliston. 

Fifth 

Elisha  H.  Shaw, 

Chelmsford. 

Sixth 

Charles  F.  Brown,     . 

Reading. 

Seventh 

Frederick  Law  ton,     . 

Lowell. 

First  Worcester, 

Stephen  Salisbury,    . 

Worcester. 

Second          " 

George  K.  Nichols,    . 

Grafton. 

Third 

Eben  S.  Stevens, 

Dudley. 

Fourth          " 

Alfred  S.  Pinkerton, . 

Worcester. 

Worcester  and  Hamp- 
shire, 

George  H.  B.  Green, 

Belchertown. 

First  Hampden, 

Solomon  F.  Cushman, 

M on son. 

Second      " 

William  P.  Buckley, 

Holyoke. 

Franklin,  . 

Joseph  F.  Bartlett,    . 

Montague. 

Berkshire, 

Stephen  A.  Hickox,   . 

Williamslown. 

Berkshire  and  Hamp- 
shire, 

Henry  A.  Kimball,     . 

Northampton. 

First  Norfolk,  . 

John  F.  Merrill, 

Quincy. 

Second    " 

William  F.  Ray, 

Franklin. 

First  Plymouth, 

Francis  P.  Arnold,     . 

Pembroke. 

Second     " 

Hiram  A.  Monk, 

Brockton. 

First  Bristol,     . 

Everett  S.  Horton,     . 

Altleboi'ough. 

Second      " 

Robert  Howard, 

Fall  River. 

Third 

William  M.  Butler,    . 

New  Bedford. 

Cape, 

John  Kenrick,  Jr., 

Orleans. 

HENRY  D.  COOLTDGE, 
EDMUND  DOWSE, 
JOHN  G.  B.  ADAMS,  . 


Clerk. 

Chax>lain. 

Sergeant-at-Arms, 


1550 


House  of  Representatives. 


HOUSE    OF   REPRESENTATIVES. 


Speaker  — WILLIAM   E.  BARRETT. 


COUNTY   OF   SUFFOLK. 


Town  or  Ward. 


Xame  of  Representative. 


1st, 

2d, 

3d, 

4th, 

6th, 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 

13th, 

14th, 


Boston,  Ward  1, 
Bostou,  Ward  2, 
Boston,  Ward  3, 
Boston,  Wai'd  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 
Boston,  Ward  8, 
Boston,  Ward  9, 
Boston,  Ward  10, 
Boston,  Ward  11, 
Boston,  Ward  12, 
Boston,  Ward  13, 
Boston,  Ward  14, 


Lewis  Burn  ham, 
Frank  C.  Wood, 

William  J.  Donovan, 
Benjamin  J.Sullivan, 

John  J.  Mahoney,  . 
James  E.  Hayes, 

Aharon  I).  Cressy,    . 
Jerem'h  J.  McCarthj-, 

Miehael  J.  O'Brien, 
Charles  M.  Dacey,  . 

Jeremiah  J.Crowley, 
Wm.  H.  Mclnerny,  . 

Patrick  F.  Hrogan,  . 
Cornelius  H.  Toland, 

Hug-h  McLaughlin, 
Michael  B.  Gilbride, 

Charles  E.  Harris,  . 
George  v.  L.  Mejer, 

Bowdoin  S.  Parker, . 
Marcus  C.  Cook, 

Royal  Bobbins, 
Thomas  Russell, 

John  Quinn,  Jr., 
Daniel  P.  Toomey, . 

Joseph  J.  Kel]3% 
Thomas  A.  Quinn,  . 

James  F.  Gleason,   . 
Daniel  J.  Kinnaly,  . 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Representatives. 


1551 


COUNTY  OF   SUFFOLK— CoNXLUDED. 


Town  or  Ward. 


Kame  of  Representative. 


Boston,  Ward  15, 

Boston,  Ward  16, 

Boston,  Ward  17, 

Boston,  Ward  18, 

Boston,  Ward  19, 

Boston,  Ward  20, 

Boston,  Ward  21, 
Boston,  Ward  22, 
Boston,  Ward  23, 

Boston,  Ward  24, 

Boston,  Ward  25, 

Chelsea,  Wards  1,2,3, 

("Chelsea,  Ward  4,     . 
)  Revere,    . 
(^Winthrop, 


WillianilT.lMeMorrow 
Enoch  J.  Shaw, 

Isaac  Rosnosky, 
John  L.  Murphy, 

Richard  J,  Hayes, 
James  H  Doyle, 

Augustus  G.  Perkins, 
George  E.  Lovett, 

Charles  H.  Bryant, 
William  J.  Dohm, 

John  J.  Hoar,  . 
John  Golding,  . 

Benjamin  F.  Brown, 
John  S.  Richardson, 

Richard  Sullivan, 

Salem  D.  Charles,    . 
James  A.  Tilden, 

Frederic  W.  Bliss,    . 
John  E.  Tuttle, 

Granville  A.  Fuller, 

Charles  H.  Holmes, . 
George  H.  Buck, 


I  Thomas  W.  Ricli, 
I  Arthur  B.  Curtis, 


Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea. 
Chelsea. 

Chelsea. 
Revere. 


COUNTY  OF   ESSEX. 


/"Salisbury, 
J  Amesbury, 
I  Merrimac, 


\^  West  Newbury,       .  j 

3  Haverhill,  Wards  1,  ? 
^2,4,6,.        .        .\ 


John  J.  Prevaux, 
George  E.  Ricker, 


Warren  Hoyt,  . 
Nathaniel  C.  Bartlett, 


Amesbury. 
Merrimac. 


Haverhill. 
Haverhill. 


1552 


House  of  Representatives. 


COUNTY  OF   ESSEX  — CoNTixuED. 


Town  or  VVard. 


Name  of  Representative. 


3d, 

4th, 
5th, 
6th, 

7th, 
8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
16th, 

17th, 


f  Haverhill,  Wards  3,  ] 
'  5  .  .  .  .  ' 
1  Methuen,  .         .  [ 

(^Bradford,         .         J 

^  Lawrence,  Wards  1,  ( 
^      2,3,      .         .        .\ 

5  Lawrence,  Wards  4,  / 
^      5, 6,      .         .         .1 

\  Andover,  .         .  ? 

I  North  Andover,       .  ^ 


f  Grovel  and, 
j  Georg'etown,   . 
1  Boxlord, . 
l^Topsfield, 

C  Newburvp't,  Wards 
}  1-6,  \  .  . 
(^  Newbury, 


J 


f  Rowley,  . 
I  Ipswich,  . 
j  Hamilton, 
1^  W^enham, 


■1 


J 


('Gloucester,  Wards') 
I  1,3,4,5,6,7,8,  .  I 
j  Essex,  .  .  .  j 
[  Manchester,     .         .  j 

^  Gloucester,  Ward  2, ) 
( Rockport,        .        .  ^ 

Beverly,  . 

Salem,  Wards  1,  2, . 

Salem,  Wards  3,  5, . 

Salem,  Wards  4,  6, . 

Marblehead,    . 

J  Swampseott,  .  .  ) 
I  Lynn,  Wards  2,  3,  .\ 


Robert  A.  Richardson, 
Edward  J.  Donahue, . 


Dennis  E.  Flalley, 
Thomas  A.  Brooks,    . 

James  H.  Derbyshire, 

*John  Haigh, 

James  B.  Smith, 


Gardner  S.  Morse, 


Oliver  B.  Merrill, 
Eben  S.  Dole,     . 


Phineas  A.  Dodge, 


Sylvanus  Smith, . 
Clarence  E.Richardson 
Jacob  Tucker,     . 


George  H.  Friend, 

George  A.  Galloupe, . 

Samuel  A.  Potter, 

Joseph  L.  Lougee, 

William  D.  Dennis,   . 

Frank  L.  Wadden, 

Eugene  A.  Bessom,    . 
Charles  T.  Jackson,  . 


Haverhill. 
Haverhill. 


Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 

Andover. 


Boxford, 


Newburyport. 
Newburyport. 


Rowley. 


Gloucester. 
Gloucester. 
Gloucester. 


Gloucester. 

Beverly. 

Salem.  , 

Salem. 

Salem. 

Marblehead. 

Lynn. 
Swampseott. 


*  Declared  elected  February  15 ;  qualified  February  16. 


18th, 

19th, 

20th, 
21st, 
22d, 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Concluded. 


1553 


Town  or  Ward. 


Name  of  Representative. 


<  Lynn,  Ward  4, 
\  Nahant,   . 

J  Lynn,  Wards  1,  5, 
I  Lynntield, 

J  Lynn,  Wards  6,  7, 
I  Saugus,   . 

Peabody, 

^  Danvers, . 
)  Middleton, 


Lewis  IL  Bartlett,  . 
John  B.  Newhall,    . 

Amos  Beekford, 
George  C.  Higgins, 

Herbert  C  Bayrd,  . 
William  W.  Lowe,. 

Thomas  Carroll, 
Samuel  A.  Fletcher, 


Lynn. 
Lynii. 

Lynn. 
Lynn. 

Lynn. 

Saugus. 

Peabody. 
Middleton. 


COUNTY   OF   MIDDLESEX. 


1st, 

^  Cambridge,   Wards  ) 
I      1,0,       .         .          .S 

James  J.  Myers, 
John  E.  Parry, 

Cambridge. 
Cambridge. 

2d, 

Cambridge,  Ward  2,  ) 

Albert  E  Lynch,     . 
Daniel  H.  Coakley, . 

Cambridge. 
Cambridge. 

3d, 

Cambridge,  Ward  3, 

Stephen  Anderson, . 

Cambridge. 

4th, 

Cambridge,  Ward  4,  < 

Malcolm  E.  Rideout, 
Wm.  M.  Townsend, 

Cambridge. 
Cambridge. 

5th, 

Somerville,  Ward  1, 

Charles  H,  Crane,  . 

Somerville. 

6th, 

Somerville,  Ward  2, 

Allen  F.  Carjienter, 

Somerville. 

7th, 

5  Somerville,    Wards  ^ 
^      3,4,      .        .        .\ 

George  0.  Proctor,  . 

Somerville. 

8th, 

Medford,Wards  1-6, 

William  P.  Martin,. 

Medford. 

9th, 

Maiden,  Wards  1-7,  ) 

Charles  F.  Shute,    . 
Arthur  H.  Wellman, 

Maiden. 
Maiden. 

10th, 

Everett,  Wards  1-6, 

Frank  P.  Bennett,   . 

Everett. 

11th, 

Melrose,  . 

William  E.  BaiTett, 

Melrose. 

12th, 

Stonehara, 

William  H.  Sprague, 

Stoneham. 

13th, 

Wakefield, 

Edwin  C.  Miller,     . 

Wakefield. 

1554 


House  of  Kepresentatives. 

COUNTY  OF  MIDDLESEX  — Continued. 


District. 


14th, 
loth, 
16th, 

17th, 
18th, 

19th, 

20th, 

21st, 
22d, 
23d, 

24th, 

25th, 
26th, 

27th, 
28th, 


Town  or  Ward. 


Woburn,Wards  1-7, 
Reading, 

Arlington, 
Winchester,     . 

Watertown, 
Belmont, 

Newton,  Wards  1-7 


^  Walthara,  W\ls  1- 
(  Weston,  . 

(  Lexington, 
I  Lincoln,  . 
^  Concord, . 
j  Bedford,  . 
^  Burlington, 

( Chelmsford,    . 
I  Billerica, 
■{  Tewksbury,     . 
j  Wilmington,    . 
(^  North  Reading, 

Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  W^ard  3, 

Lowell,  W^ards  4, 
Dracut,    . 
Tyugsborough, 

Lowell,  Ward  6, 

Natick,    . 

^  Ilopkinton, 
I  Ashland, . 

iTiolliston, 
j  Sherborn, 
I  Framinghara,  . 
\^  Wayland, 


■1 


Same  of  Representative. 


Michael  J.  Meagher, 
Henry  C.  Hall, 

Fred  Joy, 

John  E.  Abbott, 

Dwight  Chester, 
Edward  J.  H.  Esta- 

brooks, 
Mahlon  R.  Leonard, 
Charles  O.  Morrill, 


Matthew H  Merriam, 


Charles    H.     Kohl- 
ransch,  Jr ,  . 


Daniel  Murphy, 

James  S.  Murphy,  . 

John  W.  ISlcEvoy,  . 

Ether  S.  Foss, . 
William  H.L  Hayes, 
Charles  F.  Varnum, 

Philip  J  Farley,     . 

Edgar  S.  Dodge,     . 

'William  A.  Lenihan, 


Henry  E.  Bullard, 
George  E.  Cutler, 


Woburn. 
Wo  burn. 

Winchester. 

Watertown. 

Newton. 

Newton. 

Waltham. 

Waltham. 


Lexinsrton. 


Billerica. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Lowell. 

Lowell. 

Natick. 

Hopkinton. 


Holliston. 
Framinofham. 


*  Elected  March  17;  qualitiLd  March  23;  in  place  of  Samuel  Crooks,  deceased 
Februarj-  7. 


House  of  Repubsentatives. 

COUNTY  OF  MIDDLESEX  — Concluded, 


1555 


Town  or  Ward. 


Name  of  Representative. 


f  Marlborough, 
I      1-7 
I  Hudson,  . 
(^  Sudbury, . 

(  Maynard, 

Stow, 
j  Boxborough, 
}  Littleton, 
I  Acton, 
l^  Carlisle,  . 

r  Westford, 
J  Groton,  . 
j  Pepperell, 
1^  Dunstable, 

f  Ayer, 
J  Shirley,   . 
j  Townsend, 
(^  Ashby,     . 


W'ds 


William  IL  Brigham, 
Chai-les  Favreau, 


Isaiah  Hutchins, 


Frank  Leighton, 


William  U.  Sherwin, 


Hudson. 
Marlborou(i;h. 


Acton. 


Peppei'ell. 


Ayer. 


COUNTY  OF  WORCESTER. 


r  Athol,      . 
<  Royalston, 
(^Phillipston, 

(  Gardner, . 
j  Winehendon,  . 
j  Templeton. 
1^  Ashburnham,  . 

(  Barre, 
I  Dana, 
•^  Petersham, 
Hardwick, 
[Rutland,  . 

f  Westminster,  . 
I  Hubbai'dston,  . 
<{  Princeton, 
I  Holden,    . 
l^Paxton,    . 

fBrookfield,       . 

North  Brookfield, 
I  West  Brookfield, 
<{  New  Braintree, 
I  Oakham, . 
I  Sturbridge, 
(^Warren,  . 


George  Whitney, 


Moses  P.  Greenwood, 

Samuel  S.  Gleasou, . 


William  A.  Warner, 


Ilobart  Raymond, 


Henry  Page  Austin, 
Chesselden  L.  Ellis, 


Royalston. 


Ashburnham. 
Gardner. 


I  lard  wick. 


Westminster, 


Oakham. 
Brookfield. 


1556 


House  of  IIe¥*eesentatives. 

COUNTY  OF  WORCESTER— Continued. 


6th, 
7th, 

8th, 

9th, 

10th, 

11th, 
12th, 


13th, 


14th, 

15th, 

16th, 
17th, 


Town  or  Ward. 


J  Spencer, . 
f  Leicester, 

C  Charlton, 
^  Dudley,  . 
Q  Southbridge, 

C  Webster, . 
2  Oxford,  . 
Q  Auburn,  . 

(^Douglas, . 
^  Millbiiry, 
(^Sutton,     . 

^  Uxbridge, 

<  Northbridge, 
(^  Upton, 

I'Blackstone, 
J  Mendon,  , 
"j  Milford,  . 
l^Hopedale, 

( Westborough,. 
I  Northborough, 
j  Southborough, 
1  Berlin,     . 
i  Shrewsbury, 
(^Grafton,  . 

(  Boylston, 
Bolton,  . 
West  Boylston 

<  Clinton,  . 
Harvard,. 

I  Lancaster, 
1^  Sterling,  . 

^  Leominster, 
(  Lunenburg, 


Fitchburg, 
1-6,      . 


Wards 


Worcester,  Ward  1, 
Worcester,  Ward  2, 


Name  of  Representative. 


John  E.  Bacon, 
Albert  W.  Martin, 

Joseph  L.  Woodbury, 

Henry  C.  Batcheller, 

William  E.  Hayward, 


John  T.  McLoughlin, 
George  P.  Sheldon, . 


Silas  A.  Forbush, 
Charles  Potter, 


Lyman  S.  Walkei*,   . 
Wellington  E. 

Parkhurst, 


Edward  F.  Blodgett, 

Edward  W.  Ackley, 
Henry  F.  Rockwell, . 

Alfred  S.  Roe, . 

James  P.  Crosby, 


Spencer. 


Southbridofe. 


Oxford. 


Sutton. 


Uxbridge. 


Milford. 
Hopedale. 


Grafton. 
Northborouo-h. 


Boylston. 
Clinton. 

Leominster. 

Fitchburg. 
Fitchburg. 

Worcester. 

^Vo^cester. 


Uocp  Oie-  Kkpre^xtatives. 

COUNTY  OF  WORCESTER  — Concluded. 


1557 


District. 

Town  or  Ward. 

Nam«  of  Representative. 

Residence. 

18th, 

Worcester,  Ward  3, 

Eugene  M.  Moriarty, 

Worcester. 

19th, 

Worcester,  Ward  4, 

James  H.  Mellen,     . 

Worcester. 

20th, 

Worcester,  Ward  5, 

James  F.  Melaven,  . 

Worcester, 

21st, 

Worcester,  Ward  6, 

Henry  Y.  Simpson,* 

Worcester. 

22d, 

Worcester,  Ward  7, 

Edward  I.  Coming,  . 

Worcester. 

23d, 

Worcester,  Ward  8, 

Eben  F.  Thompson, 

Woi-cester. 

COUNTY  OF  HAMPSHIRE. 


1st, 


2d, 


3d, 


4th, 


5th, 


C  Northampton,  W'ds  ^ 
j       1-7.       . 
]  Easthampton, 
\^  Southampton, 


(  Chesterfield, 
I  Cummington, 
I  Goshen,   . 
J  Huntington, 
"l  Middlefield, 

Plaintield, 
I  Westhampton 
1^  Worthiugton, 

(  Hatfield, . 
J  Hadley,   . 
1  South  "^Hadley, 
1^  Williamsburg, 

^  Amherst, 
)  Belchertown, 
(^  Granby,  . 

f  Enfield,   . 
I  Greenwich, 
•{  Pelham,  . 
I  Prescott,  . 
i  Ware,      . 


Arthur  F.  Nutting, 
Eugene  W.  Wood, 


Hiram  Taylor, . 


Benj.  C.  Brainai'd, 


Charles  E.Wakefield, 


Frederick  A.  Volk,  . 


Northampton. 
Easthampton. 


Middlefield. 


South  Hadley. 


Amherst. 


Ware. 


*  Elected  March  7 ;  qualified  March  16,  in  place  of  Henry  J.  Jennings,  de- 
ceased February  9. 


1558 


1st, 

2d, 

3d, 

4t]i, 

6th, 

6th, 
7th, 
8th, 

9th, 
10th, 


House  of  RepkesejStatives. 
county  of  hampdex. 


Town  or  Ward. 


f  Chester,  . 
I  Blandford, 
J  Tolland,  . 


J  Granville, 
Southwick, 
t  Agavvam, 


I' Montgomery, 

J  Russell,   . 

]  Westfield, 

(^  West  Springfield, 

{  Ho] yoke.  Wards  6, 

i      6,^7,      . 

^  Hoi  yoke.  Wards  1, 

j      2,3,4,.         .         . 


Chicopee, 
1-7,      . 


Wards 


^  Springfield,   Wards 
j      1,4,8,. 

Springfield,  Ward  5, 

<  Springfield,   Wards 
I      2,3,6,7,      . 

fLongmeadow, 

I  Hampden, 

<(  Wilbraham, 

I  Monson,  . 

1^  Wales,     .        .        .J 

f  Ludlow,  .         .         .^ 
'  Palmer,   .  ' 

;  Brimfield, 
l^  Holland,  . 


Name  of  Representative.  Residence. 


William  H.  Granger, 


Arthur  S.  Kneil, 
Henry  W.  Ashley, 

Frank  L.  Buck, 


Agawam. 


Westfield. 
Westfield. 


Hoi  yoke. 


Roger  P.  Donoghue,     Holyoke 


Eugene  J.  O'Neil,    . 


Chicopee. 


Ralph  W.  Ellis,        .     Springfield, 
Springfield. 


John  W.  Adams, 

Edwin  F.  Lyford,     . 

Stephen  C.Warriner, 
Edward  S.  Brewer,  . 


Alvin  A.  Gage, 


Springfield. 

Springfield. 
Springfield. 


Jlonson. 


Edward  E.  Fuller,   .     Ludlow. 


COUNTY  OF  FRANKLIN. 


1st, 


^Greenfield, 
}  Shelburne, 
(^Bernardston, 


Greenfield. 


House  of  Representatives. 


1559 


COUNTY  OF  FRANKLIN— Concluded. 


Town  or  Ward. 


Name  of  Pepresentatlve.  Residence. 


2d, 


3d, 


4th, 


(  Warwick, 
I  Orange, 
■{  New  Salem, 
I  Erving,    . 
^^Shutesbury, 

fNorthfield, 
J  Gill, 


Montague, 


OVendell, 

(  Leverett, . 
I  Sunderland, 
<{  Whately, 
Deerfieid, 
l^  Conway, . 


f  Ashfield, . 
Bucklaud, 
Charlemont, 
Colrain,  . 
5th,  ,  ■{  Hawley,  . 
Heath,  . 
Leaden,  . 
Rowe, 

l^  Monroe,  . 


Joseph  B.  Farley,   .  i  Orange. 


George  A.  Fleming, 


George  A.  Elder, 


Liicius  Hunt, 


Wendell. 


Whately. 


Hawley. 


COUNTY   OF   BERKSHIRE. 


1st, 

(  New  Ashford, . 
1  Williamstown, 
^  Nortli  Adams, 
1  Florida,   . 
[  Clarksburg,     . 

1 
> 

Gilbert  L.  Jewett,  . 
Edward  W.  Gleason, 

North  Adams. 
Clarksburg. 

2d, 

^  Adams,    . 
<  Cheshire, 
( Savoy,      . 

(  Hancock, 
Lanesborough, 
Lenox, 

} 

John  M.  Morin, 

Adams. 

3d, 

,  Windsor, 
1  Peru, 

Hinsdale, 

AVashington,    . 
1^  Richmond, 

1 

> 

1 

J 

James  S.  Barnes,     . 

Peru. 

1560 


House  of  Repeesentatwes. 

COUNTY  OF   BERKSHIRE  -  Concluded. 


Town  or  Ward. 


Name  of  Representative. 


4th, 
6tli, 

6th, 
7  th, 


Pittsfield,     Wards 

1-7,      . 
Daltou,    . 

Stockbridge,    . 
Lee. 
Becket,    . 

West  Stockbridge, 
Alford,     . 
Egreuiont, 
Great  Barrington, 

Llontere}', 

Otis, 

Sandisfield, 

New  Marlborougli, 

Siieffield, 

I\It.  Washington, 

Tyringham,     . 


Franklin  F.  Read,     . 
Charles  W.  French, . 


Abner  Rice, 


John  N.  Easland, 


Frank  B.  Schutt, 


Pittsfield. 
Pittsfield. 


Lee. 


G.  Barrington. 


Mt.  'Washington. 


COUNTY   OF   NORFOLK. 


1st, 

2d, 
3d, 

4th, 
6th, 
6th, 

7th, 


8th, 


JN 


Dedham, . 
Norwood, 

Brookline, 

Hyde  Park, 

Milton,    . 
Canton,    . 


Quincy,  Wards  1-6, 
Weymouth, 


{  Braintree, 
I  Holbrook, 

f  Randolph, 
Stonghton, 
Avon, 

I  Sharon,    . 

[  Walpole, . 

f  Franklin, 
I  Foxboroiigh, 
J  Wrentham, 
j  Bellinghani, 

Med  way, 
(Norfolk,  . 


James  A.  Hai'tshorn, 

William  H.  White,  . 
Francis  W.  Darling, 

George  R.  R  Rivers, 

John  R.  Graham, 
Charles  L.  Hammond 
Albert  P.  Worthen,  . 

Frederick  W.  Whit- 
comb,    . 


William  Moore, 
Timothy  F.  Quinn,  . 


Amos  P.  Woodward, 
Clarke  P.  Harding,  . 


Norwood. 

Brookline. 
Hyde  Park. 

Milton. 

Quincy. 
Quincy. 
Weymouth. 

Holbrook. 


Walpole. 
Sharon. 


Fi'anklin. 
Medway. 


House  of  Representatives. 

COUNTY  OF  NORFOLK  — Concluded 


15G1 


District. 

Town  or  Ward. 

Name  of  Representatlre. 

Kesldence. 

9th, 

fNeedham,        .        A 

1  Dover, 

«;  Medfiekl,         .         .  J. 

Wellesle}-, 
[Millis,      .        .        .J 

Oliver  C.  Livermore, 

• 

Wellesley. 

COUNTY   OF  PLYMOUTH. 


1st, 
2d, 

3d, 

4th, 

5th, 
6th, 

7th, 

8th, 

9th, 

10th 
11th, 
12th, 


Plymouth, 

f  Marshfield, 
J  Plympton, 
I  Kingston, 
[  Duxbury, 

(  Scituate,  . 
J  Norwell, . 
1  Hanson,  . 
[  Pembroke, 

^  Cohasset, 
^  Hinghara, 
(Hull, 

Rockland, 
Hanover, 

^  Whitman, 
I  Abington, 

f  Mattapoisett, 
I  Marion,    . 
^  Ware  ham, 
I  Rochester, 
[  Carver,    . 

^Middleborough, 
)  Lakeville, 
(Halifax,  . 

^  Bridgewater, 

)  East  Bridgewater, 

(  West  Bridgewater, 

^  Brockton,  Wards  4 

\}      5,6,      . 
i 
^  Brockton,  Wards  2 
{      3,.        .        . 

^  Brockton,  Wards  1 


Edward  B.  Atwood,  . 
John  Sherman, 

Henry  H.  Collamore, 

Joseph  B.  Lincoln,  . 

Joshua  S.  Gray, 
Jerem'hT.  Richmond, 

John  G.  Dexter, 

Jabez  P.  Thompson, 

James  C.  Leach, 

George  H.  Garfield, . 
Emery  M.  Low, 
Fred'c  W.  Hathaway, 


Plymouth. 
Plympton. 

Pembroke. 

Cohasset. 

Rockland. 
Abington. 

Rochester. 

Halifax. 

Bridgewater. 

Brockton. 
Brockton. 
Brockton. 


15G2 


House  op  RErRESENTATivEs. 

COUNTY   OF   BRISTOL. 


Town  or  Ward. 


Name  of  Representative. 


Lst, 

2(1, 
3d, 

4th, 

5th, 
6th, 
7th, 

feth, 

9th, 

lOUi, 


r  Attleborough, . 
J  N.  Attleborough, 
j  Norton,    . 
{  Seekonk, . 

^Mansfield, 
<^  Easton,  . 
QRaynham, 

Taunton,  W'ds  1-8, 
Berkley,  . 

^  Fairhaven, 
<  Ac'iishnet, 
QFreetOAvn, 


5  New  Bed 
}      1,  2,  3, 


Bedford,  W'ds 


New  Bedford,  W'ds 

4,5,6,. 

Westport, 
Dartmouth, 

Fall   River,   Wards 
1,  2,  3,  4,  6,  . 

Fall   River,   Wards 

5,7,8,9,       . 


f'Dighton,  . 
I  Somerset, 


I  Swanzey, 
[Rehoboth, 


1 


;j 


Buirill  Porter,  Jr., 
Albert  W.  Sturdy, 


Edward  B.  Hay  ward. 


George  A.  Crane, 
John  C.  Alden, 
Robert  C.  Brown, 


Moses  S.  Douglas, 


Isaac  B.  Tompkins, 
Samuel  Ross,    . 

George  M.  Eddy, 
Charles  P.  Ruo-o-, 


James  E.  Allen, 

John  Brown,     . 
James  J.  Sullivan, 
Francis  Connolly, 

Patrick  Delaney, 
Michael  F.  Sullivan, 


Esek  II.  Pierce, 


N.  Attleboro\ 
Attleborouffh. 


Easton. 


Taunton. 
Taunton. 
Taunton. 


Acushnet. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Dartmouth. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Rehoboth. 


COUNTY   OF   BARNSTABLE. 


1st, 


f  Falmouth, 
Bourne,    . 

I  Sandwich, 

^  Mashpee, 
Barnstable, 
Yarmouth, 

^  Dennis,    . 


Charles  H.  Nye, 
Elkanah  Crowell, 


Barnstable. 
Yarmouth. 


House  of  Representatives. 

COUNTY  OF  BARNSTABLE  —  Concluded. 


15t5c 


District. 

Town  or  Ward. 

N.ime  of  Hcpresentatlve. 

Residence. 

2d, 
3d, 

f  Harwich,         .         A 
!  Chatham,         .         .  , 
''  Brewster,                  .  [ 
(^Orleans,  .         .         .) 

fEastham,         .        ."j 

!  Wellfleet,         .         .  . 

'  Truro,      .        .        .  f 

^Provincetown,         .J 

Augustus  M.  Nickerson, 
John  A.  Clark, 

Harwich. 
Eastham. 

COUNTY   OF   DUKES   COUNTY. 


1st, 


Chilmark. 
Cottagre  City, 
Edgartown, 

<(  Ga\-  Head, 

I  Gosnold, . 

I  Tisbur3%  . 

l^  West  Tisbui'y 


William  A.  Morse,* 


Tisbury. 


COUNTY   OF   NANTUCKET. 


1st,      Nantucket, 


Anthony  Smalley, 


Nantucket. 


*  Elected  March  21;  qualified  March  28;  in  place  of  Asa  Smith,  deceased 
February  6. 


EDW^ARD  A.  McLaughlin, 

DANIEL  W.  WALDRON.  . 
JOHN  G.  B.  ADAMS,  . 


.     Clerk. 

.     Chaplain. 

.     Sergecmt-at-Arms. 


Judicial  Pepartme^^t. 


JUDICIAL  DEPAETMENT. 


SUPREME  JUDICIAL  COURT. 

CHIEF   JUSTICE. 

WALBRIDGE   A.   FIELD of  Boston. 


ASSOCIATE  JUSTICES. 

CHARLES   ALLEN, 

OLIVER  WENDELL  HOLMES,  Jr., 

MARCUS   P.   KNOWLTON,  . 

JAMES   M.   MORTON,  . 

JOHN  LATHROP,. 

JAMES   MADISON  BARKER,      . 


of  Boston, 
of  Boston, 
of  Spj'ingjield. 
of  Fall  River, 
of  Boston, 
of  Pittsfield. 


SUPERIOR  COURT. 

CHIEF   JUSTICE. 


ALBERT   MASON, 


of  Brookline. 


ASSOCIATE  JUSTICES. 

P.   EMORY   ALDRICH,. 
CALEB   BLODGETT,     . 
CHARLES   P.   THOMPSON, 
JOHN   W.   HAMMOND, 
JUSTIN   DEWEY,. 
EDGAR  J.   SHERMAN, 
JAMES   R.   DUNBAR, 
ROBERT   R.   BISHOP, 
HENRY   K.   BRALKY, 
DANIEL   W.   BOND, 
JOHN   HOPKINS,  . 
ELISHA  BURR  MAYNARD, 
FRANKLIN   G.   FESSENDEN, 
JOHN   W.   CORCORAN, 
JAMES  B.  RICHARDSON,  . 


of  Worcester, 
of  Boston, 
of  Gloucester, 
of  Cambridge, 
of  Springfield, 
of  Latorence. 
of  Brookline. 
of  Newton. 
of  Fall  River, 
of  Northampton, 
of  Millbury. 
of  Springfield, 
of  Oreenfield. 
of  Clinton, 
of  Boston. 


Judicial  Department. 


1505 


JUDGES  OF  PROBATE  AND  INSOLYEJS'CY. 

JOHN   W.   McKIM,  Boston,  .        .        ,  Suffolk. 

ROBERT  GRANT,  Boston Suffolk. 

ROLLIN   E.  HARMON,  Lynn Essex. 

GEORGE   M.   BROOKS,  Concord,  .         .  Middlesex. 

WILLLVM   T.   FORBES,  Westborough,      .         .  Worcestek. 

WILLL\M   G.   BASSETT,  Northampton,    .         .  Hampshike. 

WILLLVM  S.   SHURTLEFF,  Springfield,  .        .  Hampden. 

CHESTER  C.   CONANT,  Greenfield, .         .         .  Franklin. 

JAMES  T    ROBLNSON,  North  Adams,      .        .  Berkshire. 

GEORGE   WHrrE,  Wellesley,     ...        *  Norfolk. 

BENJAMIN   W.  HARRIS,  East  Bridgewater,  .  Plymouth. 

WILLIAM  E.   FULLER,  Taunton,      .        .         .  Bristol. 

HIRAM  P.  HARRIMAN,  Wellfleet,    .        .        .  Barnstable. 

JOSEPH   T.   PEASE,  Edgartown,       .         .        .,  Dukes. 

THADDEUS  C.  DEFRIEZ,  Nantucket,      .        .  Nantucket. 


REGISTERS  OF  PROBATE  AND 

ELIJAH   GEORGE,  Boston, 
JEREMIAH   T.   MAHONEY,  Salem, 
SAMUEL   H.   FOLSOM,  Winchester,  . 
FREDERIC   W.  SOUTH  WICK,  Worcester 
HUBBARD  M.  ABBOTT,  Northampton, 
SAMUEL  B.   SPOONER,  Springfield, 
FRANCIS   M.   THOMPSON,  Greenfield, 
EDWARD   T.  SLOCUM,  Pittstield,       . 
JONATHAN   COBB,  Dedham,      . 
JOHN   C.   SULLIVAN.  Middleborough, 
JOHN  H.  GALLIGAN,  Taunton, 
FREEMAN   H.   LOTHROP,  Barnstable, 
BERIAH   T.   HILLMAN,  Chilmark,    . 
HENRY   RIDDELL,  Nantucket, 


INSOLVENCY. 

.  Suffolk. 

.  E?SEX. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berksiiike. 

.  Norfolk. 

.  Plymouth. 

.  Bkistol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER  STEVENS,  Boston,      ....  Suffolk. 

FRED  N.   WIER,  Lowell, Northern. 

WILLIAM   H.  MOODY,  Haverhill,     .  .  Eastern. 

ROBERT  O.  HARRIS,  East  Bridgewater,  .  Southeastern. 

HOSEA  M.   KNOWLTON,  New  Bedford,  .  Southern. 

FRANCIS   A.   CASK  ILL,   Worcester,  .         .  Middle. 

CHARLES  L.   GARDNER,  Palmer,    .         .         .  W^estekn 

JOHN  A.   AIKEN,  Greenfield,    .        .        .        ,  Northwestern. 


1566 


Judicial  Department. 


SHERIFFS. 

JOHN  B.  O'BRIEN,  Boston, 
SAMUEL   A.   JOHNSON,  Salem,   . 
HENRY   G.   CUSHINCx,  Lowell,     . 
ROBERT   H.   CHAMBERLAIN,  Worcester. 
JAIRUS   E.   CLARK,  Northampton, 
EMBURY  P.   CLARK,  Holyoke,     . 
ISAAC   CHENERY,  Montague, 
JOHN   CROSBY,  Pittsfield,      . 
AUGUSTUS   B.   ENDICOTT,  Dedham, . 
ALPHEUS   K.   HARMON,  Plymouth,     . 
ANDREW  R.   WRIGHT,  Taunton, 
JOSEPH   WHITCOMB,  Provincetown,  . 
JASON   L    DEXTER,  Edgartovvn, 
JOSIAH   F.   BARRETT,  Nantucket,       . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

FkaSklin. 

Berkshire. 

Norfolk. 

Pli'mouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF  COURTS. 

HENRY   A.   CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial  Court 


for  the  Commonwealth. 
JOHN   NOBLE,  Boston,  Supreme  Judicial  Com 
JOSEPH  A.  WILL  ARD,  Boston, Sup.  Ct.  Civil  Bus 
JOHN  P.  MANNING,  Boston,  Sup.  Ct.  Crim.  Bus 
DEAN  PEABODY,  Lynn, 
THEODORE   C.    HQRD,  Winchester,     . 
THEODORE   S.   JOHNSON,  Worcester, 
WILLIAM   H.   CLAPP,  Northampton,   . 
ROBERT   O.   MORRIS,  Springfield, 
EDWARD   E.  LYMAN,  Greenfield, 
HENRY   W.   TAFT,  Pittsfield, 
ERAS TUS   WORTHINGTON,  Dedham, 
EDWARD  E    HOBART,  Bridgewater,  . 
SIMEON   BORDEN,  Fall  River,      . 
SMITH   K.   HOPKINS,  Barnstable, 
SAMUEL   KENISTON,  Edgartown, 
JOSIAH   F.   MURPHEY,  Nantucket,      . 


t,  . 


Suffolk. 
Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Noi£FOLK. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


MlJMBEIlS    OF    COXGRESS. 


15G7 


MEMBERS  OF  THE  FIFTY-THIED  CONGRESS. 


[Congressional  Districts  established  by  Chap.  396,  Acts  of  1891.] 


Senators. 


GEORGE   F.  HOAR,    . 
HENRY   CABOT  LODGE, 


of  Worcester, 
of  Nahant. 


Reprksentatives. 

District  I.  — ASHLEY  B.  WRIGPIT,       . 
n.- FREDERICK   H.  GILLETT, 
in. —  JOSEPH   H.  WALKER,      . 
IV.  — LEWIS   DEWART   APSLEY, 
Y._  MOSES   T.  STEVENS, 
YI._ WILLIAM   COGSWELL,     . 
VII,_*WILLIAM   EVERETT,      . 
VIII— SAMUEL   W.  McCALL,       . 
IX.  — JOSEPH   H.  O'NEIL,  . 
X.  — MICHAEL  J.  McETTRICK, 
XL  — WILLIAM   F.  DRAPER,     . 
XII.  — ELIJAH  A.  MORSE,   . 
XIIL— CHARLES   S.  RANDALL,  . 


of  North  Adams. 

of  Springfield. 

of  Worcester. 

of  Hudson. 

of  North  Andover. 

of  Salem. 

of  Qidncy, 

of  Winchester. 

of  Boston. 

of  Boston. 

of  Hopedale. 

of  Canton, 

of  New  Bedford. 


*  Elected  April  25,  1893,  in  place  of  Henry  Cabot  Lodge,  chosen  U.S.  Senator. 


APPENDIX. 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that  duty  under  Chapter  238  of  the  Acts  of  1882,  which 
directs  the  Governor  to  appoint  some  person  to  prepare  "tables 
showing  what  general  statutes  have  been  affected  by  subsequent 
legislation,  in  such  manner  as  to  furnish  ready  reference  to  all 
chancres  in  such  statutes." 


TABLES 


WHAT   GENERAL   STATUTES   OF  THE   COMMONWEALTH 

HAVE   BEEN   AFFECTED   BY   SUBSEQUENT 

LEGISLATION. 


I. 


cha:n^ges  in  the  "public  statutes." 


Chapter  1.  — Of  the  Jurisdiction  of  the  Commonwealth  and  Places 
ceded,  to  the  United  States. 

Sect.  1.  Provision  is  made  for  defining  the  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  113,  154.  And  between 
Massachusetts  and  New  Hampshire.     Res.  1885,  73  ;   1886,  58  ;  1891,  70. 

Sect.  3.  A  part  of  Gallop's  island  in  Boston  harbor  is  added.  St. 
1889,  27.     And  certain  lands  in  Wiuthrop.     St.  1891,  81. 

Sect.  4.  Lands  for  the  use  of  the  United  States  fish  and  fisheries  com- 
mission, added.     St.  1882,  131. 

Chapter  2.  — Of  the  General  Court. 

Legislation  recommended  by  State  boards,  etc.,  shall  be  reported  to  the 
secretary  of  the  Commonwealth  before  first  Wednesday  in  January.  St. 
1893,  U4. 

The  employment  of  legislative  counsel  and  agents  is  regulated  and  pro- 
vision made  for  returns  of  expenses  therefor.  St.  1890,  456  ;  1891,  223. 
(See  1891,  349.) 

Sect.  5  et  seq.  Manner  of  publishing  notice  and  presenting  petitions 
changed  in  certain  cases.  St.  1885,  24 ;  1890,  302.  (See  1885,  371  ; 
1888,  375,  §  3.) 

Sects.  15,  16.  Compensation  of  members  changed.  The  issuing  to  or 
acceptance  by  them  of  railroad  tickets  free,  or  at  less  than  usual  rates,  is 
forbidden.     St.  1892,  59.     (See  1884,  319  ;  1886,  352.) 

Sects.  17,  18.  Compensation  of  door-keepers,  messengers,  postmaster 
and  pages  fixed.     St.  1887,  116.     (See  1882,  257.     Res.  1892,  99.) 

Sects.  21,  22.  Clerks'  salaries  fixed  and  allowance  made  for  clerical 
assistance.     St.  1884,  329,  334;  1888,  1.     (See  1882,  257.) 


1572  Changes  in  the  [Chap.  2. 

Sects.  24,  35  repealed.     St.  1884,  60. 

Sect.  27.     Number  of  door-keepers,  etc.,  increased.    St.  1882,  257,  §  4. 

Sect.  32.  Publication  and  posting  of  proposed  amendments  to  the  con- 
stitution provided  for.     St.  1892,  124. 

Sect.  34.  When  Christmas  falls  on  Sunday,  the  following  Monday  is 
a  holiday.  St.  1882,  49.  The  first  Monday  of  September  is  Labor's  holi- 
day.    St.  1887,  263. 

A  commission  is  established  to  promote  uniformity  of  legislation  in  the 
United  States.     St.  1891,  405;  1893,  311. 

Chapter  3.  — Of  the  Statutes, 

Sect.  1.  When  an  act  is  to  be  voted  on  for  acceptance  by  a  municipal 
or  other  corporation,  a  return  of  the  vote  must  be  made  to  the  secretary  of 
the  Commonwealth.     St.  1883,  100. 

Sect.  3.     Words  "  mayor  and  aldermen"  defined.     St.  1882,  164. 

"Net    indebtedness"    of    towns,    cities    and    districts    defined.      St. 

1883,  127. 

Legal  notices  may  be  published  in  a  periodical  devoted  exclusivel}'  to 
legal  news.     St.  1885,  235. 

Chapter  4.  —  Of  the  Printing  and  Distribution  of  the  Laws  and  Public 

Documents. 

Supervision  of  State  printing  provided  for.  St.  1893,  287.  (See  Res. 
1892,  90.) 

Tables  of  changes  in  the  general  statutes,  and  indexes,  to  be  prepared 
and  published.  St.  1882,  238.  And  a  supplement  to  the  Public  Statutes. 
St.  1888,  383.     (See  Res.  1891,  60.) 

Provision  made  for  a  compilation  of  a  histoi*y  of  the  part  taken  by 
Massachusetts  soldiers  and  sailors  in  the  war  of  the  rebellion.  St.  1889, 
374;  1891,  235.  (See  Res.  1892,  67.)  And  in  the  revolutionary  war. 
Res.  1891,  100.     (See  St.  1893,  411,  413.) 

This  chapter  is  revised.     St.  1889,  440.      (See  1882,  6,  158  ;  1883,  55  ; 

1884,  166;  1885,369;  1888,  23,  85,  122,  186,  191,  256;  1889,  32,  35, 
124,  150,  164,  212.     Res.  1886,  36;  1889,  13,  18;  1892,  31,  46,  62,  88.) 

Subsequent  changes  in  reports,  etc.  :  Adjutant  general's  report ;  St. 
1893,438.  Arbitration;  St.  1891,  191.  Blue  book  ;  1893,  108.  County 
accounts;  1891,  292.  Registration  in  dentistry;  1891,  76.  Hospital  for 
dipsomaniacs;  1893,  223,  Foreign  mortgage  corporations;  1890,  50. 
Manual  of  general  court;  1891,  292.  Statistics  of  labor;  1890,  97.  Sta- 
tistics of  manufactures;  1891,  193.  Metropolitan  sewerage;  1891,  292. 
Superintendent  of  prisons;  1891,  292.  Savings  banks;  1893,  70.  (See 
1890,  126.)  Registrars  of  voters;  1890,  223,  §  3.  (See  St.  1892,  140. 
Res.  1892,  46  ;  Res.  1893,  6,  7,  15,  18,  24,  25,  45,  69,  71,  80,  102.) 

Express  and  postage  on  documents  forwarded  to  members  of  the  general 
court  are  to  be  paid  by  the  Commonwealth.  St.  1889,  53.  And  on  State 
publications  sent  to  free  public  libraries.     St.  1892,  422. 

Sect.  5  et  seq.  Provision  made  for  reports  of  capital  cases.  St. 
1886,  214. 

Sect.  7.  "Of  labor"  is  added  after  "bureau  of  statistics."  St. 
1882,  6. 


Chap.  4.]  PUBLIC   STATUTES.  1573 

Sect.    9.      Provisiou   made    for   publication   of   election   cases.      Res. 

1886,  36. 

Sect.  12.  Provision  for  distributing  the  "Index  digest."  St.  1887, 
118. 

Chapter  5.  — Of  the  State  House,  the  Sergeant-at-Arms  and   State 

Library. 

Additional  accommodations  are  provided  for.  St.  1882,  262;  1888, 
349;  1889,  300,  394.  Kes.  1891,  21,  25;  Res.  1892,  34,  96.  St.  1893, 
450.      (See  1892,  402;  1893,  129.) 

Sects.  4,  6,  9,  10.  The  duties  of  the  sergeant-at-arms  are  revised. 
St.  1884,  14;  1887,  128;   1889.  53;   1890,  456,  §  2. 

Clerk  provided  for.  St.  1887,  128.  Salaries  fixed:  Sergeant-at-arms. 
St.  1887,  128.  (See  1884,  14.)  Clerk.  St.  1893,  358.  (See  1887,  128.) 
Messenger.     St.'l893,  409. 

Sect.  12  is  revised.  Contingent  expenses  of  the  council  and  officers  in 
the  State  house  are  omitted.     St.  1887,  128. 

Sect.  15  et  seq.  The  trustees  and  librarian  are  authorized  to  prepare 
an  index  of  current  events.     St.  1892,  140. 

Sect.  17  repealed.  Appointment  of  trustees  and  librarian  regulated 
and  salaries  fixed.     St.  1893,  86.      (See  1887,  209  ;  1892,  287.) 

Sect.  18.  Additional  allowance  made  for  assistance  in  State  library. 
St.  1891,  24.     (See  1882,  29  ;  1886,  66.) 

Sect.  20.  Appropriation  for  books,  furniture,  etc.,  increased.  St. 
1888,  24.     (See  1882,  196.) 

Chapter  6.  —  Of  the  Qualification  and  Registration  of  Voters. 

This  chapter  is  revised.  St.  1893,  417.  (See  1882,  247,268;  1884, 
298;  1885,  246,  271,  §  6,  345,  §  7;  1886,  68,  264;  1887,  249,  329,  432; 
1888,  206;  1889,  69,  196,  337,  §  1,  404;  1890,  393,  423,  §§  2-65,  208; 
1891,  242,  277,  286,  290,  395  ;  1892,  351  ;  1893,  209,  351.) 

Chapter  7.  —  Of  the  Manner  of  Conducting  Elections  and  Returning 

Votes. 

This  chapter  is  revised,  and  the  laws  relating  to  elections  codified  and 
consolidated.  St.  1893,  417,  465.  (See  1882,  28,  74.  260;  1883,  42,  229  ; 
1884,  299  ;  1885,  108,  142,  159,  229,  248,  268,  351  ;   1886,  49,  262,  264; 

1887,  272,  371  ;  1888,  146,  164,  203,  353,  436,  437,  441  ;  1889,  191,  413  ; 
1890,  175,  219,  223,  254,  381,  386,  393,  423  ;  1891,  10,  31,  74,  155,  238, 
256,  264,  269,  270,  278,  305,  314,  328,  329,  336,  395  ;  1892,  51,  115,  124, 
190,  224,  279,  316,  332,  368,  405,  406,  416,  431  ;  1893,  39,  87,  146,  177, 
209,  304,  307,  308,  349,  351,  376.) 

Precinct  voting  is  provided  for.  St.  1884,  299  ;  1886,  264.  (See  1890, 
423,  §  72.) 

Chapter  8.  — Of  the  Election  of  Governor  and  other  State  Oflacera. 

This  chapter  is  revised.  St.  1893,  417.  (See  1884,  299,  §  7  ;  1885,  107  ; 
1886,  262,  §  5;  1890,  423,  §§  146-164,  228.) 

New  districts  are  established  :  Councillor.  St.  1886,  348.  Senatorial. 
St.  1886,  338.     Representative.     St.  1886.  256. 


1574  Changes  in  the  [Chap.  9. 


Chapter  9.  —  Of  the  Election   of  Representatives  in   Congress  and 
Electors  of  President  and  Vice-President. 

This  chapter  is  revised.  St.  1893,  417.  (See  1888,  382;  1890,423, 
§§  165-187,  228;   1892,  279.) 

New  congressional  districts  established.  St.  1891,  396.  The  require- 
ment of  residence  in  the  district  is  omitted.  St.  1882,  253. 

Chapter  10.  —  Of  the  Election  of  District  and  County  Oflacers. 

This  chapter  is  revised.  St.  1893,  417.  (See  1890,  423,  §§  188-207; 
1892,  115;  1893,  39.) 

Chapter  11.  —  Of  the  Assessment  of  Taxes. 

Provision  is  made  for  a  State  tax  on  certain  collateral  successions  and 
grants.     St.  1891,  425  ;   1892,  379  ;  1893,  432. 

Polls  and  estates  established  as  a  basis  for  apportionment  of  State  and 
county  taxes.     St.  1892,  96.      (See  1883,  71  ;  1886,  73  ;  1889,  103.) 

The  rate  of  taxation  is  limited  in  cities.  St.  1885,  312,  §  1.  (See 
1885,  178;  1887,  226,  281.) 

Provision  for  assessment  of  property  held  for  water-supply  purposes  in 
another  city  or  town.     St.  1893,  352. 

The  assessors  may  divide  any  ward  in  a  city  into  convenient  assessment 
districts.     St.  1889,  115. 

They  shall  print  and  distribute  in  cities  and  certain  towns,  and  post  in 
other  towns,  lists  of  voters  and  polls.  St.  1893,  417,  §  18.  (See  1884, 
298,  §  19  ;  1888,  206  ;  1890,  305,  423,  §§  25,  26  ;  1891,  277  ;  1892,  351, 
§§  7-10.) 

Sect.  4.  "  Or  indebtedness  "  substituted  for  "  due  "  in  sixth  line.  St. 
1882,  76.  Words  "this  proviso  shall  apply  to  corporations  mentioned  in 
Pub.  St.,  ch.  13,  §  46,"  added.     St.  1887,  228. 

Railroad  bonds  are  made  taxable.     St.  1888,  363. 

Personal  property  leased  for  profit  is  made  taxable,  where  situate,  to  the 
owner  or  person  having  possession.     St.  1889,  446. 

Sect.  5,  CI.  3,  is  revised.  Certain  societies  and  associations  are  added. 
St.  1889,  465.     (See  1882,  217  ;  1886,  231  ;  1888,  158.) 

CI.  9.  Certain  real  estate  of  unincorporated  horticultural  societies  is 
exempted.     St.  1884,  176. 

CI.  10.  It  does  not  affect  the  exemption  that  the  property  is  owned  in 
common  with  others.     St.  1885,  169. 

CI.  12.     See  St.  1884,  298,  §  7. 

Sect.  6.     See  St.  1883,  189.' 

Sect.  10.  The  provisions  of  this  section  are  extended.  St.  1893,  149. 
(See  1887,  373  ;  1889,  286  ;  1891,  116.) 

Sect.  13.  The  person  appearing  as  the  owner  of  record  is  to  be  held  to 
be  the  true  owner  even  though  deceased.     St.  1889,  84. 

Sect.  14  amended.  "Taxable  real  estate,"  in  first  line,  changed  to 
"  real  estate  not  exempt  from  taxation  under  section  five  of  this  chapter." 
St.  1882,  175. 

Sects.  14-16.     See  St.  1888,  390,  §§  30,  63. 


Chap.   11.]  PUBLIC    STATUTES.  1575 

Sect.  20.  Provisiou  made  for  assessment  of  personal  property  held  by 
an  assignee  in  insolvency,  or  for  creditors  ;  and  of  personal  property  held 
by  joint  owners  or  tenants  in  common,  other  than  partners.     St.  1882,  1G5. 

Royalty-paying  machines  are  assessable.     St.  1887,  125. 

CI.' 6.     See  St.  1888,  ;590,  §  26. 

CI.  7.     See  St.  1891,  42."). 

Sect.  31.     See  St.  181)2,  280. 

Sect.  31  et  seq.     See  St.  1885,  312;  1893,  247,  445. 

Sect.  34.     See  St.  1882,  133. 

Sect.  38.  Returns  of  mortgages  of  real  estate  provided  for.  St.  1882, 
175,  §  1.  And  of  property  held  for  literary,  benevolent,  charitable  or 
scientific  purposes.     St.  1882,  217;   1888,  323. 

Sect.  38  et  seq.  See  St.  1884,  298  ;  1888,  200,  206  ;  1890,  423,  §  17  ; 
1893,  417,  §§  16-21. 

Sects.  38,  72.     See  Res.  1892,  55. 

Sect.  39  amended.     St.  1891,  ,381. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.    St.  1887,  226.    (See  1885,  312  ;  1887,  281  ;  1893,  247,  445.) 

Sect.  50.  Provision  for  free  access  to  lists  of  valuation  and  assessment. 
St.  1888,  307. 

Sects.  52,  53  are  amended.     St.  1883,  41. 

Sects.  54,  55.  Changes  in  returns.  St.  1883,  91;  1890,  242;  1891, 
65.     (See  1885,  105  ;  1886,  56  ;  1887,  86  ;  1892,  370.) 

Sect.  61.  Assessors  shall  certify  amount  assessed  upon  each  poll  as 
State  and  county  tax  respectively.     St.  1889,  467,  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  may  apply  for  abate- 
ment.    St.  1888,  315, 

Sects.  69-77.  Appeal  may  be  made  to  superior  court.  Proceedings 
regulated.     St.  1890,  127.      (See  1882,  218;  1893,  352,  §  3.) 

Sect.  71.  Provision  for  costs  on  appeals,  St.  1882,  218.  (See  1890, 
127,  §  7.) 

Sect.  77.  Dues  or  taxes  for  school  books  may  be  abated  under  this 
section.     St.  1885,  67. 

Sect.  78  is  revised.     St.  1888,  362.     (See  1886,  85.) 

Sect.  90.  Assessors  must  send  to  tax  commissioner  all  lists  and  state- 
ments received  of  exempt  property.     St.  1882,  217,  §  3. 

Sect.  91.  Amount  of  sinking  funds  or  proportionate  annual  payments 
of  debts  must  be  given.     St.  1882,  133,  §  2. 

Sect.  92.     As  to  Boston,  see  St.  1882,  252,  §  5. 

Sect.  93.  Apportionment  of  State  and  county  taxes  is  to  be  stated  on 
tax  bills  of  males  assessed  for  poll-tax  only,  and  they  are  not  entitled  to  a 
certificate  under  this  section.     St.  1889,  467,  §  2.      (See  1884,  298,  §  8.) 

Sects.  96,  97.  For  apportionments,  see  St.  1883,  71 ;  1886,  73  ;  1889, 
103  ;  1892,  96. 

Chapter  12.  —  Of  the  Collection  of  Taxes. 

This  chapter  is  repealed,  and  the  law  as  to  the  collection  of  taxes  revised 
and  codified.  St.  1888,  390;  1889,  253,  334;  1890,  331;  1891,  288; 
1892,  109,  168,  370  ;  1893,  241.  (See  1882,  243  ;  1883,  101  ;  1884,  162, 
242  ;  1886,  320  ;  1887,  110,  142.) 


1576  Changes  in  the  [Chap.  12. 

The  service  of  process  in  the  collection  of  taxes  is  regulated.    St.  1892, 1 68. 

Provision  made  for  preservation  of  accounts,  papers  and  records  relating 
to  assessment  and  collection  of  taxes.     St.  1892,  370. 

State  treasurer  may  sue  to  recover  the  State  legacy  and  succession  tax. 
St.  1891,  425,  §  18. 

Provision  to  prevent  excessive  charges  in  redemption  of  tax  titles.  St. 
1891,  288. 

Chapter  13.  —  Of  the  Taxation  of  Corporations. 

Office  of  deputy  tax  commissioner  abolished  and  that  of  tax  commission 
and  commissioner  of  corporations  established ;  the  duties  defined  and  sal- 
ary fixed.  St.  1890,  160;  1891,  233,  §  2,  360.  (See  1882,  217,  §  3, 
252,  §  5;  1887,  214,  §  94,  342,  §  1.) 

Sect.  2.  Salaries  of  clerks  fixed  and  allowance  made  for  clerical  assist- 
ance.    St-.  1887,  342,  §  2;  1891,  342. 

Sect.  6.     See  St.  1882,  217,  §  3,  252,  §  5. 

Sects.  8,  9.  Provision  made  for  counsel  to  defend  suits  to  recover  a 
national  bank  tax  paid  to  a  city  or  town.  St.  1886,  332.  (See  1887,  142, 
§  3;  1888,  390,  §  95.) 

Sects.  17,  40.  Title  insurance  companies  are  to  be  taxed  under  these 
sections.     St.  1884,  180,  §  5  ;  1887,  214,  §§  62-04. 

Sect.  20.  The  exemption  is  extended.  (See  ch.  116,  §  20,  cl.  8.)  St. 
1883,  248.     (See  1886,  77.) 

Sects.  20,  22.  Pi'ovision  for  repayment  of  tax  on  real  estate  used  for 
banking  purposes.     St.  1890,  406  ;  1891,  171. 

Sect.  24  is  repealed.  The  capital  stock,  franchises  and  personal  estate, 
but  not  the  real  estate,  of  co-operative  banks  are  exempted.  St.  1890,  63. 
(See  1883,  98;  1885,  121,  §  3.) 

Sect.  25  et  seq.  The  provisions  as  to  the  taxation  of  insurance  com- 
panies are  revised,  and  §§  26,  34,  37  are  amended.  St.  1887,  283  ;  1888, 
154  ;  1890,  197  ;  1892,  129.     (See  1887,  214,  §§   19,  64.) 

Sect.  33  amended.  When  reinsurance  is  effected  otherwise  than  by 
licensed  resident  agent  no  deduction  is  to  be  made  for  sums  paid  therefor. 
St.  1888,  154.      (See  1887,  214;  1890,  197;  1892,  129.) 

Sects.  38-40.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  238;  1886,  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  Taxation  of  safe  deposit,  loan  and 
trust  companies  regulated.     St.  1888,  413,  §§  21-24. 

Sect.  43.  Taxation  of  foreign  mining,  quarrying,  land  and  oil  com- 
panies regulated.  St.  1882,  106  ;  1883,  74  ;  1884,  330,  §  3  ;  1886,  230. 
(See  1891,  341.) 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  proviso 
of  ch.  11,  §  4,  as  to  local  taxation.     St.  1887,  228. 

Sects.  61,  62.  Appeal  may  be  made  to  superior  court.  Proceedings 
regulated.     St.  1890,  127. 

Chapter  14.  —  Of  the  Militia. 

This  chapter  is  revised.  St.  1893,  367,  439.  (See  1882,  97,  154,  §  11, 
178,  179  ;  1884,  45,  230  ;  1885,  147,  236  ;  1886,  63,  105,  237  ;  1887,  411  ; 
1888,366,384;  1889,360;  1890,425;  1891,232;  1892,  238, *366  ;  1893, 
193,  231.     (Res.  1882,  15  ;  Res.  1890,  67.) 


Chap.   14.]  PUBLIC   STATUTES.  1577 

A  naval  brigade  is  established.  St.  1892,  nCG.  (See  1888,  366.)  And 
a  nautical  training  school.     St.  1891,  402;   1893,  124. 

Provision  made  for  armories  in  cities.     St.  1888,  384.      (See  1892,  134.) 

Tlie  law  defining  what  bodies  of  men  may  parade  witli  arms  is  revised. 
St.  1890,  42.-),  §  10.      (See  1887,  411,  §  124  ;  Res.  1890,  67.) 

Provision  is  made  for  appointment  of  a  State  military  and  naval  his- 
torian. St.  1889,  374;  1891,  235.  And  for  a  compilation  of  records  of 
the  revolutiojiary  war.  Res.  1891,  100.  And  of  the  grand  army  of  the 
republic.     St.  1893,  411.     (See  St.  1893,  413.) 

Chapter  15.  —  Of  the  Executive  Department  and  the  Secretary  of  the 

Commonwealth. 

Sects.  1-10.     Salaries  fixed  :  Governor  ;  St.  1892,  101.     (See  1884,  328  ; 

1892,  59.)  Governor's  private  secretary  and  executive  clerk;  St.  1891, 
411.  (See  1884,  8;  1885,  77;  1887,  83.)  Executive  messenger;  1891, 
429.  (See  1884,  38  ;  1887,  221.)  Stenographer;  1892,  16.  Secretary  of 
the  Commonwealth  ;  1888,  385.  (See  1884,  79.)  First  and  second  clerks; 
1891,410.     (See  1885,  87;  1886,  238.)     Third  clerk;   1893,  103.      (See 

1883,  48  ;  1887,  26.)     Allowance  for  messenger  and  clerk  hire  ;  1890,  239  ; 

1893,  112.      (See  1884,  15  ;  1889,  101  ;  1890,  455.) 

The  secretary  is  required  to  give  bond  and  make  annual  reports.  St. 
1892,  262  ;  1893,  148. 

Sect.  9.  Additional  duties  of  the  secretary  :  As  to  elections.  St.  1893, 
417,  §§  123,  145.  (See  1888,  436,  §§  13,  14  ;  1890,  223  ;  1891,  328,  329  ; 
1892,  124,  416,  §  18.)  As  to  returns  of  medical  examiners.  St.  1885, 
379,  §§  4-6.  Department  records.  Res.  1884,  60.  St.  1885,  337.  (See 
Res.  1893,  30,  32.)  Reports  recommending  legislation.  St.  1893,  144. 
State  printing.     St.  1893,  287.     Care   of   Commonwealth   building.     St. 

1884,  14. 

Sect.  12.     Form  and  device  of  the  great  seal  established.    St.  1885,  288. 
Sect.  15  is  repealed.     Blank  forms  for  returns  are  to  be  furnished  by 
the  commissioners  of  prisons.     St.  1882,  226. 

Chapter  16.  — Of  the  Auditor,  Treasurer  and  Matters  of  Finance. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.,  §  3565,  is  adopted. 
St.  1882,  110. 

The  accounts  of  certain  State  institutions  are  to  be  kept  by  the  auditor. 
St.  1887,  87  ;  1891,  384.     (See  1893,  287.) 

Provision  made  for  auditing  accounts  of  county  officers,  officers  of  infe- 
rior courts  and  trial  justices,  and  for  returns  and  payments  by  them.  St. 
1887,  438;  1888,  275;  1890,  216,  306,  380,  §  3.  (See  1886,  169  ;  1890, 
204,  215.) 

Provision  made  for  an  agent  to  prosecute  claims  of  the  Commonwealth 
against  the  United  States.     Res.  1883,  45. 

Claims  under  St.  1862,  62  ;  1863,  254,  to  be  filed  with  the  auditor. 
St.  1882,  112. 

Sect.  2.  Salaries  fixed:  Auditor;  St.  1889,  70.  (See  1885,  195.) 
Clerks;  St.  1891,  375.  Expert  in  printing;  St.  1893,  287.  (See  1885, 
195;  1887,  30;  1888,  432.) 


1578  Changes  in  the  [Chap.  16. 

Sect.  7.     Time  for  auditor's  report  changed.     St.  1884,  207. 

Sect.  17.  Clerks  and  clerical  assistance  provided  for,  and  salaries  of 
treasurer  and  clerks  fixed.  St.  1883,  164;  1885,  263;  1886,  38,  334; 
1889,  349  ;  1891,  233  ;  1893,  432.  (See  1882, 111  ;  1885,  15  ;  1891,  310.) 
Office  hours  regulated.     St.  1886,  257. 

Provisions  in  regard  to  trust  deposits.  St.  1891,  233;  1893,  224. 
(See  1887,  214,  §  94.) 

Sect.  18  superseded.     St.  1890,  160. 

Sects.  19,  26,  60.  Provision  for  management  of  surplus  accumulations 
of  sinking  funds.  St.  1891,  259.  (See  1893,  424.)  Certain  moneys  are 
to  be  paid  into  the  school  fund.     St.  1890,  335. 

Treasurer  maj'  receive  from  the  United  States,  and  pay  over,  sums  for 
the  soldiers'  home.     St.  1890,  373.     (See  1889,  282.) 

Sect.  26.  Annual  financial  estimates  are  to  be  made  to  the  auditor. 
St.  1885,  41. 

Sect.  28.  Advances  for  small  expenses  and  method  of  accounting 
therefor  provided  for.  St.  1884,  179;  1887,  269,  §  5,  438;  1888,  180, 
322;   1890,  58;  1891,  54. 

Certain  unclaimed  funds  shall  be  paid  to  the  treasurer,     St.  1890,  330. 

Sect.  42  repealed,  and  power  of  committees  to  cause  hearings  to  be 
advertised  limited.     St.  1885,  371.     (See  1885,  24.) 

Sect.  52.  Payments  of  money  from  sales  of  public  property  regulated. 
St.  1884,  326. 

Sect.  53.  Suits  for  collateral  legacy  and  succession  tax  are  to  be  brought 
by  the  treasurer.     St.  1891,  425,  §  18.     (See  1892,  379  ;  1893,  432.) 

Sect.  55  extended  to  trust  and  safe  deposit  companies  approved  by  the 
governor  and  council.     St.  1891,  310. 

Sect.  60.     Additional  investments  are  allowed.     St.  1882,  130. 

Sects.  72,  73  repealed.  St.  1887,  438,  §  8.  (See  1886,  169;  1888, 
275;  1890,  216,  306,  380;  1893,  270.) 

Chapter  17.  — Of  the  Attorney- General  and  the  District  Attorneys. 

Sects.  1,2.    A  second  assistant  allowed.    St.  1888,425.     (See  1886,  216.) 

Salaries  fixed.     St.  1889,  402.      (See  1886,  216.) 

Sect.  3.  Attorney-general  shall  appear  in  capital  cases  when  the  public 
interests  require  it.     St.  1891,  379,  §  10;   1893,  324. 

Sect.  8  extended.     St.  1892,  159. 

Sect.  9.  Attorney-general  may  cause  reports  of  capital  cases  to  be  pub- 
lished.    St.  1886,  214.     (See  1890,  374.) 

Sect.  10.     Allowance  for  contingent  expenses  increased.     St.  1890,388. 

Sects.  13-15.  Salaries  fixed  and  assistants  allowed:  Eastern  district; 
St.  1882,  156,  157;  1888,  289.  Middle;  1889,  250.  (See  1885,  168.) 
Assistant;  1888,157;  1893,  138.  Southern;  1892,319.  Assistant;  1893, 
457.  South-eastern  ;  1888,  267.  Assistant ;  1891,  113.  (See  1887,  267, 
§  2.)  Suffolk;  1887,  160.  First  assistant;  1892,  233.  Second  assistant; 
1887,  160.  Clerk  ;  1889,  238.  (See  1882,  245,  §  2  ;  1887,  160.)  Western  ; 
1887,  97. 

Sect.  16.     See  St.  1888,  267,  §  2;   1891,  113. 

Sect.  19  is  extended.     St.  1893,  345.     (See  1885,  379,  §  7.) 


Chap.  18.]  PUBLIC   STATUTES.  1579 


Chapter  18.  —  Of  Notaries  Public  and  Commissioners  to  administer 
Oaths  of  Office  and  to  take  Acknowledgments  of  Deeds,  etc. 

Sect.  1.  Notaries  have  jurisdiction  throughout  and  are  appointed  for 
the  Commonwealth.     St.  1891,  38. 

Women  who  are  attornej's  at  law  may  be  appointed  special  commission- 
ers to  administer  oaths,  take  acknowledgments  and  depositions  and  sum- 
mon witnesses.     St.  1883,  252;  1889,  197.      (See  1882,  139.) 

Sect.  14.  Thc^oath  may  be  taken  before  a  United  States  minister  or 
consul.     St.  1885,  31. 

Chapter  19.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

The  commissioners  are  authorized  to  remove  wrecks  and  obstructions  in 
tide-waters.     St.  1883,  260.     (See  1887,  98.) 

Sect.   1.     Salaries  fixed.     St.  1893,  298. 

Sect.  2.  Custody  of  archives  of  Maine  lands  transferred  to  the  secre- 
tary of  the  Commonwealth.     St.  1883,  99. 

Sect.  3.  The  com.missioners  have  general  care  and  supervision  of  the 
Connecticut  river  and  of  structures  therein.  St.  1885,  344;  1891,  206. 
(See  1882,  274;  1883,  183.)  Building  restricted  in  the  river.  St.  1893, 
301. 

They  have  the  same  charge  of  Commonweallh  lands,  not  otherwise  pro- 
vided for,  that  they  have  of  lands  in  tide-waters.  St.  1886,  144.  (See 
1888,  318.) 

Sect.  7.  Eegulations  are  established  for  Gloucester  harbor;  St.  1885, 
315.  Harbor  lines  are  established  for  East  Boston  ;  St.  1882,  48.  South 
Bay,  Boston;  1891,  309.  Chelsea;  1887,  344.  Gloucester;  1882,  103; 
1883,  109.     Haverhill  ;  1883,  104.      (See  St.  1891,  344;   1893,  435.) 

Sect.  8  et  seq.  The  board  has  supervision  over  great  ponds  and  may 
license  structures  therein.  St.  1888,  318.  (See  1886,  248.)  A  license 
is  required  to  dam  a  navigable  stream  or  outlet  of  a  great  pond  for  cran- 
berry culture.     St.  1891^,  55. 

Sects.  8,  10,  11,  12  apply  to  the  Connecticut  river.  St.  1885,  344, 
§§  2,  3;  1891,  266. 

Sects.  10-13,  16  apply  to  great  ponds.     St.  1888,  318,  §  5. 

Chapter  20.  —  Of  the  State  Board  of  Agriculture. 

A  board  of  metropolitan  park  commissioners  is  established.  St.  1893, 
407. 

An  agricultural  experiment  station  is  established,  and  membership  and 
duties  of  board  of  control  prescribed.  St.  1882,  212;  1883,  105;  1885, 
327;  1887,31,212;   1888,333;   1889,111. 

A  dairy  bureau  is  established,  to  consist  of  three  members  of  the  board 
of  agriculture.     St.  1891,  412;  1892,  139. 

Provision  is  made  for  registration  of  pedigrees  of  horses.  St.  1890,  334. 
And  for  punishing  false  registration  or  giving  false  pedigrees  of  horses, 
cattle,  etc.     St.  1887,  143  ;  1890,  334. 

The  agricultural  college  may  receive  moneys  granted  by  the  United  States. 
St.  1889,  111.     (See  1887,  212.) 


1580  Changes  in  the  [Chap.  20. 

The  trustees  of  the  college  are  allowed  certain  expenses.     St.  1889,  45. 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189. 

Sect.  4.  Assistant  secretary  provided  for.  St.  1891,  412,  §  6.  Salaries 
fixed:  Secretary;  St.  1883,  184.  Assistant;  St.  1891,  412,  §  6.  Clerks; 
St.  1891,  300;   1892,  143;  1893,  130.      (See  1887,  245.) 

Allowance  for  clerical  services  and  for  lectures  increased.     St.  1884,  66. 

Sects.  5,  6.  The  board  is  authorized  to  collect  and  circulate  information 
about  abandoned  farms.     St.  1891,  280.     (See  Res.  18»3,  46.) 

And  to  take  measures  to  exterminate  the  "  gypsy  "  moth.  St.  1891,  210. 
(See  1890,  95.  Res.  1893,  40.)  Provision  is  made  for  extermination  of 
insect  pests  by  cities  and  towns.     St.  1893,  78. 

Chapter  21.  —  General  Provisions  relating  to  State  Officers. 

A  civil  service  commission  is  established  and  appointments  to  service 
regulated.  St.  1884,  320;  1887,  364,  437;  1888,  253,  334;  1889,  177, 
183,  351,  352,  473;   1891,  140;    1893,  95,  253.     (See   1888,  41.     Res. 

1892,  34.) 

Certain  officers  shall  not  accept  railroad  tickets  at  less  than  usual  rates. 
St.  1892,  59. 

Legislation  recommended  by  State  boards  and  commissions  shall  be 
reported  to  the  secretary  of  the  Commonwealth  before  the  first  Wednes- 
day in  January.     St.  1893,  144. 

Provision  made  for  appointment  of  a  State  military  and  naval  historian. 
St.  1889,  374;  1891,  235.  And  for  a  compilation  of  records  of  State 
soldiers  and  sailors  in  the  revolutionary  war.  Res.  1891,  100.  And  of  the 
grand  army  of  the  republic.     St.   1893,  411.     (See  St.  1893,  413;  Res. 

1893,  49.) 

Sect.  1.  Tenure  of  office  of  officers  appointed  by  governor  and  council 
regulated.     St.  1887,  364. 

Sect.  7.  Official  bonds  must  be  examined  yearl}^,  and,  if  insnfficient, 
renewed.     St.  1885,  32;   1893,  257. 

Sect.  10.     Treasurer's  office  hours  regulated.     St.  1886,  257. 

Chapter  22.  —  Of  Counties  and  County  Comnaissioners. 

Sect.  1.  Muskeget  and  Gravelly  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  13.  When  their  clerk  is  absent,  the  commissioners  shall  appoint 
one  of  their  number  clerk  pro  tempore.     St.  1890,  198. 

Sect.  14.  Compensation  fixed  :  Barnstable;  St.  1893,  276.  Berkshire; 
St.  1890,  133.  Bristol;  1893,  291.  (See  1886,  251  ;  1889,  339.)  Essex; 
1892,354.  (See  1885,  277.)  Franklin  ;  1888,  65.  Hampden  ;  1889,  30. 
Hampshire;  1887,  211.  Middlesex  ;  1889,  303.  (See  1885,  277.)  Nor- 
folk ;  1892,  399.  (See  1885,  277  ;  1891,  80.)  Plymouth  ;  1892,  298.  (See 
1886,  251.)  Worcester ;  1893,  288.  (See  1886,  251  ;  1891,  79  ;  1892,  59  ; 
1893,  275,  §  1.)     Transportation  expenses  are  allowed.     St.  1893,  273. 

Sect.  15.     Meetings  changed  in  Berkshire.     St.  1883,  63. 

Sect.  17,  Certain  formal  proceedings  are  authorized  notwithstanding 
disqualification.     St.  1893,  238. 


Chap.  22.]  PuBLIC   STATUTES.  1581 

Sect.  18  repoalod.     St.  1893,  275,  §  2. 

Sect.  19.  Oaths  of  treasurers  and  registers  of  deeds  arc  to  be  recorded. 
St.  1890,  308. 

Sect.  20.  Commissioners  may  examine  reservoirs  and  dams,  and  pro- 
ceed under  P.  S.,  cli.  190,  §§  53-58.     St.  1891,  315. 

Provision  made  for  certain  expenses  of  inferior  courts  and  justices. 
St.  1890,  440,  §  11  ;  1891,  70,  325  ;  1893,  396,  §  1.  And  for  rearrang- 
ing, indexing  and  recording  certain  records  and  dockets  when  worn,  muti- 
lated or  indistinct.     St.  1891,  225  ;  1892,  253. 

Orders  drawn  on  county  treasurers  must  be  recorded,  certified  and 
accompanied  by  original  vouchers.     St.  1890,  206. 

Sect.  26  is  limited  to  regular  commissioners  and  made  applicable  to 
issuing  orders  of  notice.     St.  1885,  91. 

Chapter  23. — Of  County  Treasurers  and  County  Finances. 

Sect.  1.     Record  shall  be  made  of  oath  of  treasurer.     St.  1890,  308. 

Sect.  2.  Salaries  fixed:  Berkshire;  St.  1889,58.  Bristol;  1889,16. 
Essex;  1886,  133.  Hampden  ;  1884,  112.  Hampshire  ;  1887,  159.  Mid- 
dlesex; 1887,  57.  Norfolk;  1892,  295.  (See  1890,  143.)  Plymouth; 
1889,260.     Worcester;  1886,132. 

Allowance  for  clerical  assistance  :  Bristol ;  St.  1892,  144.  Essex  ;  1889, 
310.     Middlesex;  1889,  85.     Worcester ;  1893,  156. 

Sect.  6  et  seq.  Orders  drawn  by  county  commissioners  must  be  re- 
corded, certified  and  accompanied  by  original  vouchers.  St.  1890,  206. 
Provision  is  made  for  invoice  books  of  supplies  for  county  institutions. 
St.  1890,  296. 

Sects.  11,  20,  30.  Yearly  reports  of  prison  receipts  and  expenses  pro- 
vided for.     St.  1891,  187;  1892,  430. 

Sect.  28.  Treasurer's  accounts  and  returns  regulated.  St.  1890,  141, 
380.     (See  1887,  438  ;  1888,  275.) 

Sect.  30.     See  St.  1891,  187;   1892,  430. 

Sect.  32  repealed.     St.  1890,  380,  §  2. 

Sects.  36-39  repealed.  Controller  of  county  accounts  established.  St. 
1887,  438  ;  1888,  275  ;  1890,  216,  306,  380  ;  1893,  257,  270.  (See  1886, 
169  ;   1890,  204.) 

Chapter  24.  —Of  Registers  of  Deeds, 

New  registry  established  in  Bristol.     St.  1891,  234. 
And  in  Worcester.     St.  1884,  40. 

Record  shall  be  made  of  oath  of  registers.     St.  1890,  308. 
Women  may  be  assistant  registers.     St.  1885,  7. 
Requirement  of  residence  in  place  of  registry  repealed.    St. 
1892,  121. 

Sects.  13-26.  Provision  for  re-recording  worn  or  indistinct  records. 
St.  1892,  253. 

Sect.  22.  Indexes,  except  in  Suffolk,  must  show  towns  in  which  the 
lands  lie.     St.  1885,  29. 

Sects.  30,  31.     See  St.  1893,  148. 


Sect. 

2. 

Sect. 

5. 

Sect. 

6. 

Sect. 

9. 

Sect. 

12 

1582  Changes  in  the  [Chap.  25. 


Chapter  25.  —  Of  Sheriffs. 

Sect.  18.     See  St.  1893,  423,  §  32. 

Sect.  20  is  extended  to  writs  and  processes  in  favor  of  a  sheriff.  St. 
1885,  75. 

Sect.  22.  Salaries  fixed:  Berkshire;  St.  1887,  58.  Essex;  1887,  1G4. 
Hampden;  1889,  38.  Hampshire;  1891,  154.  Middlesex;  1888,  95. 
Suffolk;  1888,  228.     Worcester;  1888,  244. 

In  Dukes  and  Nantucket  fees  are  allowed.     St.  1884,  209  ;  1886,  28. 

Sects.  24,  25.  Sheriffs  must  deposit  public  moneys  beyond  what  are 
required  for  immediate  use.    St.  1890,  215.     (See  St.  1893,  148,  270,  §  2.) 

Chapter  26.  —  Of  Medical  Examiners. 

Sect.  2.  New  district  made  in  Franklin  county  ;  St.  1884,  321  ;  and  in 
Plymouth  ;  1886,  74. 

Sect.  6  repealed.     St.  1893,  257. 

Sect.  9  et  seq.  Fees  and  duties  of  examiners  regulated.  St.  1885, 
265,  §  4,  379  ;   1887,  310  ;   1888,  306,  §  2  ;  1890,  213  ;   1892,  286. 

No  embalming  fluid  shall  be  used  where  death  is  supposed  to  be  due  to 
violence  without  a  permit  signed  by  an  examiner.     St.  1892,  152. 

Sects.  12-15.  When  a  fatal  accident  occurs  on  a  railway  a  verbatim 
report  of  evidence  shall  be  made  and  sworn  to  at  expense  of  the  railway 
company.     St.  1888,  365;   1889,  154. 

Sects.  14,  25.  Fees  of  witnesses,  etc.,  at  inquests  regulated.  St. 
1883,  61  ;  1885,  379,  §  2  ;  1890,  440,  §  9.     (See  1888,  180.) 

Sects.  20,  24.  Provision  made  for  disposition  of  bodies  and  for  account 
of  expenses.     St.  1887,  310. 

Sect.  25.  Special  justices  of  municipal,  police  and  district  courts,  with 
certain  exceptions,  are  to  have  same  fees  as  trial  justices.  St.  1885,  40. 
The  record  must  state  the  fact  which  gives  them  jurisdiction.    St.  1892,  268. 

Chapter  27.  —  Of  Towns  and  Town  Officers. 

Deposits  of  town  moneys  regulated.     St.  1893,  266. 

Sects.  2-6.  Provision  for  definition  and  preservation  of  town  boundary 
lines.     St.  1888,  336. 

Sect.  9.  Towns  may  lease  public  buildings,  except  school-houses,  to 
grand  army  and  veteran  firemen's  associations.     St.  1885,  60  ;  1891,  218. 

May  lay  out  lands  for  public  parks.  St.  1882,  154;  1890,  240;  1893, 
300.  (See  1893,  75,  416.)  And  for  preservation  of  forest  trees  or  pres- 
ervation of  water  supply.  St.  1882,  255.  And  for  purification  and  disposal 
of  sewage.     St.  1890,  124. 

May  lay  out,  alter  and  widen  highways  and  county  bridges.     St.  1891 ,  170. 

May  adopt  act  providing  for  extermination  of  insect  pests.     St.  1893,  78. 

May  establish  and  maintain  public  pla3'-grounds.  St,  1893,  225.  Cer- 
tain towns  may  lease  open  spaces  for  play-grounds.  St.  1893,  331.  (See 
1893,  300,  416.) 

May  give  the  improvement  of  public  grounds  to  corporations  organized 
for  the  purpose.     St.  1885,  157.     (See  1893,  300,  §  6,  331,  416.) 


CiiAP.  27.]  Public  Statutes.  1583 

May  maniifficture  and  distribute  gas  and  electricity  on  certain  conditions. 
St.  1891,  370  ;  1892,  259  ;   1893,  454. 

Sect.  10.  Towns  may  contract  for  disposal  of  garbage,  refuse  and  offal. 
St.  1889,  377. 

May  contract  with  hospitals  for  temporary  care  of  the  sick.  St.  1890, 
119.     (See  1891,  90.) 

May  employ   counsel    at   hearings   before   legislative    committees.     St. 

1889,  380. 

May  raise  money  to  erect  and  repair  monuments  to  soldiers  and  sailors  in 
natioual  wars.     St.  1884,  42  ;   1886,  76. 

May  furuish  State  and  military  aid  to  soldiers  and  sailors.  St.  1889, 
279,  301.  Shall  support  certain  soldiers  and  sailors  and  their  families. 
St.  1890,  447  ;  1893,  237,  279.      (See  1888,  438  ;   1889,  298.) 

Sect.  10,  last  clause.  See  St.  1888,  304;  1889,  312;  1890,  347; 
1892,  255. 

Sect.  11.  Towns  may  appropriate  money  for  certain  anniversary  cele- 
brations.    St.  1889,  21  ;  1892,  166. 

Sect.  12.  Mav  raise  fifty  cents  per  poll  for  planting,  etc.,  of  shade  trees. 
St.  1885,  123,  §  i.      (See  1890,  196  ;  1891,  49  ;  1892,  147  ;  1893,  78,  403.) 

Sect.  15  et  seq.  Regulations  for  use  of  carriages,  etc  ,  in  streets  under 
P.  S.,  ch.  28,  §  25,  shall  be  made  by  selectmen  in  towns  and  published. 
St.  1885,  197.  And  to  regulate  and  control  itinerant  musicians  and  coast- 
ing.    St.  1892,  390. 

Sect.  27.  Towns  having  a  water  supply  may  contribute  with  other  towns 
to  construct  a  sewerage  system  to  protect  the  purity  of  such  supply.  St. 
1888,  160. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  allowed  unless  it 
appears  b}^  officer's  return  that  defendant  was  actually  detained  in  the 
lockup.     St.  1890,  166. 

Sects.  44-49  are  extended  to  all  persons  and  corporations,  and  to  electric 
light  and  telephone  wires.  St.  1883,  221;  1887,  385,  §  8;  1889,  398, 
434.      (See  1884,  302,  306  ;  1887,  382.) 

Sects.  48,  129.  Superior  court  given  concurrent  jurisdiction.  St. 
1891    293. 

Sect.  52.  See  St.  1887,  249  ;  1890,  423,  §  208  ;  1892,  351,  §  2  ;  1893, 
417,  §  13. 

Sects.  52-69.  The  laws  relating  to  town  meetings,  moderators  and 
election  of  town  officers  are  revised.  St.  1893,  417,  §§  259-308,  465. 
(See  1883,  229  ;  1884,  208,  §  4,  299  ;  1885,  5,  261  ;  1886,  262,  264,  295  ; 
1887,  249,  371  ;  1888,  221,  353  ;  1889,  191  ;  1890,  351,  419,  423,  §§  208- 
227;  1891,  10,  31,  32,  74,  155,  270,  305,  336;  1892,  51,  190,  224;  1893, 
87,  177.) 

Voting  precincts  provided  for.     St.  1886,  264  ;  1893,  417,  §  101.     (See 

1890,  423,  §  72.)     Automatic  ballot  machines  authorized.     St.  1893,465. 
Sect.  55.     See  St.   1888,  436,  §  10;  1890,  386,  §  3;   1892,  124;  1893, 

417,  §§  260,  345. 

Sects.  64,  66-68,  70,  73,  74,  77-81,  83,  84,  86,  87,  89-91,  93,  94,  97, 
98  are  repealed,  and  laws  as  to  election  of  town  officers  revised.  St.  1893, 
417,  §  345. 


1584  Changes  in  the  [Chap.  27. 

Sects.  71,  72,  75,  76,  82,  85,  88,  92,  95,  9fi,  99-128  are  repealed,  and 
laws  as  to  powers  and  duties  of  town  officers  revised.  St.  1893,  423. 
(See  1886,  295  ;   1888,  221  ;   1^89,  98,  178  ;  1893,  60.) 

Women  may  be  chosen  overseers  of  the  poor.     St.  1886,  150. 

Superintendent  of  streets  provided  for  in  certain  cases.  St.  1893,  423, 
§  25.      (See  1889,  98,  178.) 

Provision  for  town  auditors.  St.  1886,  295;  1893,417,  §  266.  (See 
1888,  221  ;  1889,  191  ;  1890,  254  ;  1893,  423,  §  20.) 

For  sewer  commissioners.  St.  1893,  304,  417,  §  266.  (See  1893,  423, 
§  24.) 

Commissioners  of  public  burial  grounds.     St.  1890,  264. 

Assistant  town  clerks.     St.  1893,  423,  §  4.      (See  1893,  60.) 

Town  officers  sliall  demand  and  receive  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.     St.  1891,  340. 

Sect.  85.  Police  officers  may  be  assigned  to  agricultural  and  horticult- 
ural exhibitions.     St.  1892,  180. 

Special  officers  for  emergencies  must  be  residents  of  the  Commonwealth. 
St.  1892,  413. 

Sect.  95  et  seq.  Town  clerks  shall  give  bonds  to  account  for  moneys 
received  for  dog  licenses.     St.  1888,  320.     (See  1888,  308.) 

Shall  make  returns  of  votes  cast  at  elections.  St.  1893,  417,  §  203.  (See 
1890,  175,  423,  §  155.)  And  of  votes  on  acceptance  of  acts  by  the  town. 
St.  1883,  100. 

Shall  notify  commissioners  of  prisons  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 

Sects.  102-104.  Form  of  oath  modified.  Provision  to  punish  fraud  in 
valuations.     St.  1885,  355. 

Sect.  112  et  seq.  Town  clerks  shall  return  names  of  constables  to  clerks 
of  county  courts  within  seven  days  after  they  qualify.     St.  1889,  384. 

Sect.  129.     Superior  court  given  concurrent  jurisdiction.    St.  1891,  293. 

Sect.  130  applies  to  St.  1893,  423,  §  41. 

Chapter  28.  —  Of  Cities. 

General  provision  is  made  for  the  establishment  of  city  governments. 
St.  1892,  377. 

Words  "mayor  and  aldermen"  defined.     St.  1882,  164. 

Provision  made  for  acting  mayor  in  case  of  death,  absence,  etc.,  of 
mayor.     St.  1882,  182. 

The  board  of  aldermen  shall  notify  the  mayor,  aldermen,  common  coun- 
cilmen  and  school  committee  of  their  election.     St.  1885,  159. 

Deposits  of  city  moneys  regulated.     St.  1893,  266. 

City  officers  shall  demand  and  receive  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.     St.  1891,  340. 

City  clerks  shall  notify  secretary  of  the  Commonwealth  of  vote  on  acts 
to  take  effect  on  acceptance.     St.  1883,  100. 

And  of  changes  in  wards  and  polling  places.  St.  1893,  417,  §  105.  (See 
1884,  279,  §  4  ;  1886,  78  ;  1888,  437  ;   1890,  423,  §  71.) 

And  send  him  attested  copies  of  records  of  votes  for  State  officers. 
St.  1893,  417,  §  179.     (See  1890,  175,  423,  §  155.) 


Cii.vr.  -28.]  Public  Statutes.  1585 

Tbey  must  returu  to  clerks  of  courts  names  of  constables  elected  or 
appointed.     St.  1889,  384. 

And  must  notify  prison  commissioners  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 

Cities  may  lay  out  lauds  for  public  parks.  St.  1882,  154;  1890,  240; 
1893,  300.  (See  1893,  75,  416.)  And  for  preservation  of  forests  or  pres- 
ervation of  water  supply.  St.  1882,  255.  May  establish  and  maintain 
public  play-grounds.  St.  1893,  225.  And  lease  open  spaces  for  play- 
grounds.    St.  1893,  331.     (See  1885,  157;  1893,  300,  §  G.) 

May  lease  public  buildings,  except  school-houses,  to  grand  army  or 
veteran  firemen's  associations.     St.  1885,  GO;  1891,  218. 

Ma}^  appropriate  money  for  enforcement  of  civil  service  laws.  St.  1887, 
345.     And  for  certain  anniversary  celebrations.     St.  1892,  1G6. 

May  indemnify  police  officers  for  injuries  or  expenses  incurred  while  act- 
ing as  such.  St.  1888,  379.  And  persons  required  to  assist  them.  St. 
1893,  18G. 

May,  by  ordinance,  require  all  fees,  charges  and  commissions  allowed  to 
officials  to  be  paid  into  the  treasury.     St.  1888,  308. 

May  contract  for  disposal  of  garbage,  refuse,  etc.     St.  1889,  377. 

May  adopt  the  act  requiring  appropriations  for  exterminating  insect  pests. 
St.  1893,  78. 

May  furnish  military  or  State  aid  to  soldiers  and  sailors.  St.  1889,  279, 
301.     Shall  support  certain  soldiers  and  sailors  and  their  families.     St. 

1890,  447  ;   1893,  237,  279.      (See  1888,  438  ;  1889,  298.) 

May  expend  money  for  watering  streets  and  assess  the  whole  or  part  of 
the  expense  on  abutters.     St.  1891,  179.      (See  1890,  3G5.) 

May  take  land  for  purification  and  disposal  of  sewage.     St.  1890,  124. 

May  manufacture  and  distribute  gas  and  electricity  on  certain  conditions. 
St.  1891,  370  ;  1892,  259  ;  1893,  454. 

May  regulate  sale  by  the  load  of  prepared  wood,  slabs  and  edgings.     St. 

1891,  136. 

Cities  having  a  water  supply  may  contribute  with  other  cities  and  towns 
to  construct  a  sewerage  system  to  protect  purity  of  supply.     St.  1888,  160. 

Tenure  of  police  officers  established  in  certain  cities.     St.  1890,  319. 

Members  of  the  police  may  be  pensioned  in  cities  containing  not  less  than 
seventy-five  thousand  inhabitants.  St.  1892,  378.  (See  1892,  353  ;  1893, 
51.) 

Police  matrons  and  houses  for  detention  of  women  are  required  in  certain 
cities.     St.  1887,  234;   1888,  181. 

Sfxt.  6.  Any  item  in  an  ordinance  or  vote  involving  an  appropriation 
of  money,  or  raising  a  tax,  may  be  separately  vetoed.     St.  1885,  312,  §  3. 

Sect.  7.  Mayor  may  not  vote  in  board  of  aldermen  or  joint  convention. 
St.  1882,  180. 

Sect.  11.  Police  officers  may  be  assigned  to  agricultural  or  horticultural 
exhibitions.     St.  1892,  180. 

Sects.  14-16.  New  division  of  wards  in  cities  provided  for.  St.  1893, 
417,  §  96.  (See  1884,  125,  181,  §  9,  299,  §  3  ;  1885,  156  ;  1886,  78,  283  ; 
1888,  437.) 

Sect.  19.     See  St.  1885,  159,  §  3. 


1586  ChAITGES   in  the  [Chap.  28. 

Sect.  23.  No  member  of  a  city  council  is  eligible  by  the  city  council 
or  either  branch  thereof  to  any  office  the  salary  of  which  is  paid  from  the 
city  treasury.     St.  1886,  117. 

Sect.  25.  Selectmen  in  towns  may  make  these  rules,  etc.  St.  1885, 197. 
And  to  regulate  and  control  street  musicians  and  coasting.     St.  1892,  390. 

Chapter  29.  —  Of  Municipal  Indebtedness. 

"  Net  indebtedness  "  is  defined.     St.  1883,  127. 

Sect.  4.  The  limit  of  city  debts  is  reduced.  St.  1885,  312.  (See 
1885,  178;  1892,  178;  1893,  23,  225,  §  3,  247.) 

Exception  made  in  certain  cases  :  Boston  ;  1886,  304  ;  1887,  312  ;  1888, 
392  ;  1889,  68,  283,  §  4  ;  1890,  271,  355,  444  ;  1891,  301,  323,  324  ;  1893, 
481,  §  20.  Brockton;  1889,  176;  1890,  142;  1892,  42,  45,  247;  1893, 
245,  269.  Cambridge  ;  1888,  73  ;  1891,  316.  Chicopee  ;  1893,  37.  Everett ; 
1893,  128.  Fall  River;  1892,  367;  1893,  449.  Fitchburg ;  1890,  424; 
1893,  110.  Haverhill ;  1891,  230.  Holyoke  ;  1886,  178  ;  1891,  212  ;  1893, 
141.  Lowell;  1890,  120,  121.  Lynn;  1888,  229;  1889,  172;  1890,  203, 
258.  Maiden;  1892,  155.  Marlborough;  1890,  135.  Medford  ;  1893, 
167.  New  Bedford  ;  1892,  150.  Newburyport ;  1886,  254.  Newton  ;  1893, 
233.  Pittsfield  ;  1890,  357,  §  10.  Somerville  ;  1892,  153.  Taunton  ;  1891, 
150.  Waltham  ;  1888,  185  ;  1893,  341.  Worcester ;  1888,  144  ;  1889,  157. 
(See  1890,  65;  1891,  27;  1893,  52,  101,  250.) 

Damages  for  alteration  of  grade  crossings  are  excepted.     St.  1892,  178. 

Sect.  6.  Temporary  loans  in  anticipation  of  taxes  are  limited.  St. 
1885,  312,  §  4;  1889,  372. 

They  must  be  payable  within  one  year.  St.  1891,  221.  They  shall  not 
be  considered  in  determining  the  limit  of  indebtedness.     St   1893,  23. 

Sects.  7,  8.  Issuing  bonds,  notes  or  scrip  for  city  or  town  debts  is 
authorized.     St.  1884,  129;  1892,  245,  §  7.     (See  1889,  166;  1891,  321.) 

Sect.  8  amended.  Word  "thirty"  substituted  for  "twenty"  in  fourth 
line.     St.  1892,  245,  §  6.     (See  1893,  225,  §  3.) 

Time  for  payment  of  "other  debts"  extended  in  certain  cases.  St. 
1889,  166;  1891,  321. 

Sect.  9.  Fixed  annual  appropriations  may  be  made  as  a  substitute  for 
a  sinking  fund.     St.  1882,  133. 

Sinking  funds  for  sewer  debts  regulated.     St.  1892,  245,  §  9. 

Sect.  15.  Management  of  surplus  accumulations  of  State  sinking  funds 
regulated.     St.  1891,  259. 

Chapter  30.  —  Of  Aid  to  Soldiers  and  Sailors  and  to  their  Families. 

This  chapter  is  repealed,  and  the  law  as  to  State  and  military  aid  revised 
and  extended.  St.  1889,  279,  301  ;  1890,  447  ;  1893,  237.  (See  1884, 
34;  1885,  173,  204,  214;  1886,  39,  110;  1887,  122;  1888,  438;  1889, 
298.     Res.  1892,  84.) 

Cities  and  towns  must  furnish  relief  to  certain  soldiers  and  sailors  and 
their  families.     St.  1890,  447  ;   1893,  237.      (See  1888,  438  ;  1889,  298.) 

Provision  is  made  for  burial  of  deceased  indigent  soldiers,  sailors  and 
marines.     St.  1889,  395;  1892,  184. 

Grand  army  posts  may  distribute  aid  to  soldiers.     St.  1885,  189. 


Chap.  30.]  PuBLIC   STATUTES.  1587 

An  asent  for  settlement  of  pension,  bounty,  and  back  pay  claims,  pro- 
vided for.     St.  1888,  396  ;  1891,  196. 

Appointment  of  State  trustees  for  the  soldiers'  home  provided  for.  St. 
1889,  282.     (See  1890,  373.) 

Sect.  1.  Salary  of  third  commissioner  fixed.  St.  1892,  291.  (See 
1885,  214;  1889,  279,  §  9.) 

Chapter  31.  —  Of  the  Census,  the  Bureau  of  Statistics  of  Labor  and 
the  Board  of  Supervisors  of  Statistics. 

Certain  useless  papers  may  be  burned.     St.  1887,  43. 
Sects.  1-12  are  revised.     St.  1884,  181. 

Sects.  13-16.  Additional  statistics  are  required.  St.  1886,  174.  (See 
1884,  181  ;  1885,  156  ;  1888,  437,  §  6 ;   1892,  280.) 

The  report  of  the  board  may  be  in  parts.     St.  1890,  97. 
A  second  clerk  is  provided  for.     St.  1884,  4. 
Clerk's  salaries  fixed.     St.  1888,  115.     (See  1884,  4.) 
Sect.  17  is  amended.     St.  1886,  101,  §  4. 

Chapter  32.  — Of  the  Registry  and  Return  of  Births,  Marriages  and 

Deaths. 

Sect.  1.  Provision  made  for  further  particulars  in  records  of  deaths. 
St.  1887,  202  ;  1890,  402.     (See  1889,  208.) 

Depositions  may  be  filed  to  complete  or  correct  records  and  new  copies 
made.     Penalty  imposed  for  false  return.     St.  1892,  305. 

Returns  of  births  and  deaths  of  residents  of  other  towns  to  be  made  to 
and  recorded  in  such  towns.     St.  1889,  208. 

Sect.  3  is  revised  and  further  statements  required  in  certain  cases.  St. 
1888,  63,  306;  1889,  224;  1893,  263. 

Sect.  4.  Returns  of  sextons  and  undertakers  shall  be  preserved  and 
arranged  for  reference.     St.  1887,  202. 

Sects.  5,  6.  Additional  requirements  for  removal,  transportation  and 
burial  of  bodies.     St.  1883,  124;  1887,  335;  1888,  306;  1893,  263,  §  2. 

Sect.  7.  Additional  facts  to  be  reported.  St.  1883,  158.  The  words 
"  except  Boston"  are  stricken  out.     St.  1889,  288. 

Sects.  11,  14-17.     Special  provisions  for  Boston,     St.  1892,  314. 

Chapter  33.  — Of  Workhouses  and  Almshouses. 

No  person  whose  insanity  has  continued  less  than  twelve  months  may  be 
detained  in  an  almshouse  without  remedial  treatment.  St.  1890,  414,  §  2. 
(See  188G,  319,  §  3.) 

Chapter  35.  — Of  Fires,  Fire  Departments  and  Fire  Districts. 

Provision  for  allowance  to  families  of  firemen  fatally  injured  at  fires. 
St.  1893,  401. 

Pensions  provided  for  in  Boston.  St.  1892,  347.  (See  1880,  107; 
1888,  174.)     And  a  fire  marshal.     St.  1886,  354  ;  1887,  231. 

Assistance  for  the  Massachusetts  State  firemen's  association  provided 
for.     St.  1892,  177. 

Sect.  1.     Forest  fire-wards  are  provided  for.     St.  1886,  296,  §§  2,  3. 


1588  Changes  in  the  [Chap.  35. 

Sects.  10,  11  were  repealed  by  St.  1888,  199,  which  was  repealed  by  St. 
1889,  451,  §  8.      (See  1886,  296,  §  4  ;   1887,  214,  §  16  ;   1891,  229.) 

Sect.  28.     Additional  apparatus  required.     St.  1888,  310. 

Board  of  fire  engineers,  or  chief  of  fire  department,  shall  investigate 
origin,  etc.,  of  fires.     St.  1889,  451  ;  1891,  229. 

Sect.  29.  Selectmen  may  remove  engineers  after  notice  and  hearing. 
St.  1886,  113. 

Sect.  35.     Penalties  prescribed  for  violations  of  rules.     St.  1888,  220. 

Chapter  36. —Of  Fences  and  Fence  Viewers,  Pounds  and  Field 

Drivers. 

Sects.  1-19.     Fences  and  like  structures  over  six  feet  in  height,  mali- 
ciously erected,  etc.,  are  declared  nuisances.     St.  1887,  348. 
Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Chapter  37.  —  Of  the  Public  Records. 

A  commissioner  of  public  records  is  established,  his  duties  prescribed 
and  salary  fixed.     St.  1892,  333. 

Provision  for  arranging  and  recording  certain  worn  or  indistinct  records, 
etc.     St.  1891,  225;   1892,  253. 

Sect.  1  is  revised  and  quality  of  paper  regulated.     St.  1891,  281. 

Sect.  3.     Provision  for  additional  accommodations.     St.  1886,  207. 

Sect.  5.     Records  of  deaths  may  also  be  copied.     St.  1887,  202. 

Sects.  5-7.     Indexes  of  records  are  to  be  kept.     St.  1885,  190. 

Sects.  14,  15.  In  Boston,  city  registrar  shall  perform  duties  of  city  or 
town  clerk  under  these  sections.     St.  1892,  314,  §  3. 

Sect.  15.  City  or  town  clerk  shall  demand  the  records,  if  not  delivered. 
St.  1890,  227. 

Sect.  16.  Removal  or  mutilation  of  records  of  the  Commonwealth  is 
forbidden.     St.  1890,  392. 

The  public  records,  books,  papers  and  property  of  a  city  or  town  officer 
are  to  be  demanded  by,  and  delivered  under  oath  to,  his  successor.  St. 
1891,  340. 

Chapter  38.  —  Of  Parishes  and  Religious  Societies. 

Provision  is  made  for  the  incorporation  and  government  of,  and  convey- 
ance of  property  to,  churches.  St.  1887,  404;  1888,  326;  1891,  265. 
(See,  1884,  78.) 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  326. 

Sects.  18,  19.  Religious  societies  shall  not  assess  taxes  except  upon 
their  pews.     St.  1887,  419. 

Sect.  21  is  repealed.     St.  1887,  419. 

Sect.  43  is  extended.     St.  1886,  239. 

Chapter  39.  —  Of  Donations  and  Conveyances  for  Pious  and  Char- 
itable Uses. 

Sect.  1.  Churches  may  appoint  trustees,  who  shall  be  a  body  corporate 
for  the  purposes  of  this  section.     St.  1884,  78.     (See  1887,  404  ;  1891,  265.) 

Real  estate  held  by  deacons  may  be  conveyed  to  the  church,  if  incorpo- 
rated.    St.  1887,  404,  §  7. 


Chap.  40.]  PUBLIC    STATUTES.  1589 


Chapter  40.  —  Of  Library  Associations. 

Sect.  6.     Allowance  made  to  county  law  libraries.     St.  1882,  246. 

Sect.  9  et  seq.  The  election,  powers  and  duties  of  trustees  of  free  public 
libraries  and  reading  rooms  are  regulated.     St.  1888,  .304  ;  1889,  112. 

A  board  of  library  commissioners  is  provided  for.  St.  1890,  347.  They 
are  authorized  to  aid  free  libraries  in  certain  towns.     St.  1892,  255. 

Chapter  41.  —  Of  the  Board  of  Education. 

Sect.  8.     Salary  of  the  secretary  of  the  board  fixed.     St    1885,  227. 

Sects.  8,  11.     See  St.  1893,  86,  §  2. 

Sect.  12.  The  board  has  the  management  of  the  State  normal  school 
boarding-houses.  St.  1891,  384.  And  the  supervision  of  the  pupils  in 
the  Perkins  institution  and  Massachusetts  school  for  the  blind.  St.  1885, 
118. 

Sects.  16,  17.  The  provisions  for  the  instruction  of  deaf-mutes  and 
deaf  children  are  revised  and  extended.  St.  1888,  239  ;  1889,  226.  (See 
1886,  241  ;  1887,  179.) 

Chapter  43.— Of  the  School  Funds. 

Sects.  1,  2.  Certain  payments  into  the  fund  are  provided  for.  St. 
1890,  335. 

Sect.  3  is  repealed.  St.  1884,  22.  The  distribution  of  the  income  is 
revised.     St.  1891,  177  ;  1893,  272.     (See  1885,  227.) 

Chapter  44.  —  Of  the  Public  Schools. 

Provision  is  made  for  a  State  nautical  training  school.  St.  1891,  402  ; 
1893,  124. 

Free  scholarships  in  the  Massachusetts  institute  of  technology  are  pro- 
vided for.     Res.  1887,  103. 

School  committees  of  cities  and  towns  maintaining  free  evening  schools 
may  provide  free  evening  lectures.     St.  1893,  208. 

Pretending  in  writing  to  hold  a  degree  of  a  college  or  school,  granting 
degrees  without  authority,  and  false  assertions  in  wa-iting  of  the  approval 
by  a  college  or  professional  school  of  a  person,  process  or  goods,  are  made 
criminal  offences.     St.  1893,  355. 

Sect.  1.  The  use  of  hand  tools  may  be  taught.  St.  1884,  69.  Physi- 
ology and  hygiene  must  be  taught.     St.  1885,  332. 

Sects.  1,  2.  Evening  schools  and  evening  high  schools  are  required  in 
certain  places.  St.  1883,  174;  1886,  236.  Notice  of  their  opening  must 
be  given.     St.  1887,  433,  §  4.     (See  1893,  208.) 

A  town  not  required  to  maintain  a  high  school  shall  pay  for  the  tuition 
of  its  children  attending  a  high  school  in  another  town  or  city.  St.  1891, 
263. 

The  last  session  prior  to  Memorial  day  shall  be  devoted  to  exercises  of  a 
patriotic  nature.     St.  1890,  111. 

Sect.  28.  Diploma  of  a  State  normal  school  may  be  accepted  in  lieu 
of  a  personal  examination  of  a  teacher.     St    1891,  159. 


1590  Changes  in  the  [Chap.  44. 

Teachers,  after  a  year's  service,  may  be  appointed  to  serve  during  the 
pleasure  of  the  committee.     St.  1886,  313. 

Sects.  35-40  are  repealed.  Text-books,  supplies,  etc.,  are  furnished 
free.     St.  1884,  103;  1885,  161.     (See  1884,  69;  1885,  67.) 

Sects.  41-46.  The  district  system  is  abolished.  St.  1882,  219.  (See 
1884,  122.) 

Sects.  44,  45.  Provision  to  aid  small  towns  to  unite  to  employ  a  super- 
intendent. St.  1888,  431  ;  1893,  200.  (See  1890,  379  ;  1891,  272  ;  1892, 
301,  344,  360.) 

Chapter  45.  —  Of  School  Districts. 

The  school  district  system  is  abolished.  St.  1882,  219.  But  the  right 
to  sue  or  defend  for  districts  is  reserved.     St.  1884,  122. 

Chapter  46.  —  Of  School  Registers  and  Returns. 

Sect.  3.     See  St.  1888,  348,  §  7. 

Sect.  15.  The  time  for  which  payment  is  to  cease  is  limited.  St. 
1891,  99. 

Chapter  47.  —  Of  the  Attendance  of  Children  in  Schools. 

Sects.  1,  2  are  revised  and  requirements  of  attendance  and  certain  pro- 
visions as  to  methods  of  teaching  changed.  St.  1889,  464;  1890,  384; 
1891,  361.  (See  1883,  174,  §  3  ;  1887,  433  ;  1888,  348  ;  1889,  135  ;  1890, 
48,  299;  1891,  317.) 

Further  provisions  made  to  prevent  truancy.  St.  1885,  71  ;  1889,  249, 
422  ;  1890,  309  ;   1891,  426  ;  1892,  62.     (See  1893,  253.) 

Sect.  9.  Additional  provisions  to  prevent  introduction  of  contagious 
diseases  into  schools.     St.  1884,  98  ;  1885, 198  ;  1890, 102.     (See  1884,  64.) 

Chapter  48.  —  Of  the  Employment  of  Children  and  Regulations 

respecting  Them. 

Certain  words  used  in  statutes  relating  to  the  employment  of  labor  are 
defined.     St.  1887,  103,  §  5. 

Sects.  1-6.  The  regulations  as  to  the  employment  of  children  are  revised 
and  extended,  and  sanitary  protection  provided  for.  St.  1884,  275  ;  1887, 
121,  173,  215,  218,  280,  330,  422,  433;  1888,  305,  348;  1889,  135,  229, 
291 ;  1890,  48,  90,  183,  299  ;  1891,  317  ;  1892,  83,  210,  352,  357.  (See 
1883,  157,  224;  1885,  222,  305;   1887,  103.) 

Sect.  7.  Employment  of  children  who  cannot  read  and  write  in  the 
English  language  regulated.  St.  1887,  433  ;  1888,  348  ;  1889,  135,  291  ; 
1890,  48,  299;  1891,  317. 

Children  under  ten  shall  not  be  permitted  to  enter  street  cars  to  sell  news- 
papers, etc.     St.  1889,  229. 

Persons  under  fifteen  shall  not  be  employed  to  operate  certain  elevators. 
St.  1890,  90. 

Sects.  8,  9.  No  minor  shall  be  employed  to  sell  or  distribute  papers 
devoted  to  criminal  news.     St.  1885,  305. 

Admission  of  children  under  thirteen  to  certain  shows  and  places  of 
amusement  is  restricted.     St.  1887,  446. 


Chap.  48.]  PUBLIC   STATUTES.  1591 

Illegal  peddling  and  bcg<>ing  liy  cliildicu  are  prohibited.  St.  1887,  422. 
(See  1885,  30.')  ;  ^1892,  SSL) 

Skcts.  10,  12  are  extended.  Provision  for  approval  of  by-laws  by  judge 
of  probate  is  omitted.     St.  188t),  249. 

Further  provisions  made  to  prevent  truancy.  St.  188.5,  71  ;  1889,  249, 
422;   1890,309;   1891,426;  1892,62. 

Sect.  11.  Truant  officers  in  Boston  are  placed  under  the  civil  service 
rules.     St.  1893,  253. 

Sects.  13,  14  amended.  The  provisions  for  county  and  union  truant 
schools  are  revised.  St.  1884,  155;  1890,  309;  1891,  389,  426;  1892, 
62.     (See  1889,  249,  §  2.) 

Sects.  15,  27  amended.     St.  1886,  101,  §  4. 

Sects.  18-27.  Further  provisions  made  for  care,  education  and  protec- 
tion of  neglected,  destitute  and  abandoned  children.  St.  1882,  181,  270; 
1883,  232,  245  ;  1885,  176  ;  1886,  330  ;  1887,  401  ;  1888,  248  ;  1889,  230, 
309  ;  1891,  194  ;  1892,  318  ;  1893,  197,  217,  252,  262.  (See  1884,  210  ; 
1886,  101  ;  1887,  441  ;  1889,  416.) 

Sect.  19  is  amended.     St.  1883,  245. 

Sect.  22  et  seq.  Provisions  regulating  infant  boarding-houses  and  adop- 
tions. St.  1889,  309,  416;  1891,  194;  1892,  318.  (See  1882,  270,  §  3; 
1889,  416.) 

Chapter  49.  — Of  the  Laying  Out  and  Discontinuance  of  "Ways,  and 
of  Damages  occasioned  by  the  Taking  of  Land  for  Public  Use. 

A  commission  for  improvement  of  public  roads  is  provided  for.  St. 
1893,  476. 

Provision  for  establishment  of  a  building  line  on  public  ways.  St. 
1893,  462. 

A  metropolitan  park  commission  is  established.     St.  1893,  407. 

Park  commissioners  are  given  certain  powers  in  regard  to  highways  con- 
nected with  public  parks.     St.  1893,  300. 

Sects.  1,  10,  13.  Towns  may  alter,  etc.,  but  not  discontinue,  county 
highways  or  bridges  within  their  limits.     St.  1891,  170. 

Land  may  be  taken  for  public  parks.  St.  1882,  154;  1890,  240.  (See 
1893,  225,  300,  331.) 

For  the  cultivation  or  preservation  of  trees.     St.  1882,  255. 

And  for  the  purification  and  disposal  of  sewage.     St.  1890,  124. 

Sewer  and  water  pipes  may  be  laid  in  ways  before  taking  possession  for 
construction.     St.  1893,  65. 

Sects.  6,  lA  et  seq.  County  commissioners  may  lay  out,  etc.,  highways 
under  the  betterment  law,  where  accepted.    St  1887,  124.    (See  1884,  226.) » 

They  may  determine  locations  of  public  lauding  places.     St.  1882,  109. 

Sect.  18.  New  provision  made  in  regard  to  payment  of  damages.  St. 
1883,  2.53. 

Sects.  33,  79,  91  revised  and  extended.  Time  for  application  for  a  jury 
more  particularly  defined.     St.  1892,  415. 

Sect.  47.     Officers' ^^er  diem  for  attendance  fixed.     St.  1882,  96. 

Sects.  84-86  are  revised  and  powers  of  street  commissioners  modified. 
St.  1888,  397  ;  1891,  323,  §§  8,  10,  14  ;   1892,  415,  §  3,  418,  §§  3,  5,  7. 


1592  Changes  in  the  [Chap.  49. 

Board  of  survey  established,  and  methods  of  locating,  laying  out  and 
constructing  ways  in  Boston  regulated.  St.  1891,  323;  1892,415,418; 
1893,  478. 

Sect.  88.  Provision  for  extending  limit  of  time  by  agreement.  St. 
1893,  82. 

Sect.  91.  Application  for  jury  may  be  brought  within  the  time  speci- 
fied in  section  33,  notwithstanding  the  charter.     St.  1892,  415,  §  4. 

Sect.  105.  Petition  for  damages  for  land  taken  by  a  town  in  Dukes  or 
Nantucket  may  be  brought  in  Bristol  county.  St.  1887,  50.  (See  1885, 
384,  §  1.) 

Chapter  50.  —  Of  Sewers,  Drains  and  Sidewalks. 

A  metropolitan  system  of  sewerage  is  provided  for.  St.  1889,  439. 
(See  1891,  192.) 

Sect.  1.  Cities  and  towns  may  take  land  for  the  purification  and  dis- 
posal of  sewage.    St.  1890,  124.     (See  1888,  160  ;  1893,  304,  417,  §  266.) 

Sects.  1,  3-8.  Construction  of,  and  assessments  and  charges  for,  sewers, 
regulated.  St.  1891,  97;  1892,  245;  1893,  65,  380.  In  Boston.  St. 
1892,  402.      (See  1889,  456  ;  1890,  346  ;  1893,  304,  417,  §  266.) 

Provision  made  for  enforcing  connection  with  public  sewers.  St.  1889, 
108;  1890,  132.  (See  1892,  245,  §  4.)  And  repair  of  private  drains  in 
streets.     St.  1893,  312. 

Sect.  5.  Land  sold  may  be  redeemed  as  if  sold  for  taxes.  St.  1883, 
145.     The  lien  shall  continue  two  years.     St.  1886,  210.     (See  1884,  237  ; 

1892,  245,  §  1.) 

Sect.  20.  Construction  of  sidewalks  in  Boston  regulated.  St.  1892, 
401  ;  1893,  437.     (See  1891,  323  ;  1892,  415,  418.) 

Sect.  21.     Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sect.  25.  In  cities  which  accept  the  act  assessments  may  be  appor- 
tioned into  not  more  than  ten  annual  instalments.  St.  1891,  97;  1893, 
380.      (See  St.  1892,  245,  §  8.) 

Chapter  51.  —  Of  Betterments  and  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

This  chapter  applies  to  alterations  of  ways  at  railroad  crossings.  St. 
1884,  280.     And  to  laying  out  public  parks.     St.  1882,  154,  §  7.      (See 

1893,  300,  §  2. 

The  authorities  may  agree  to  assume  betterments  if  land  owners  will 
release  damages.     St.  1884,  226. 

Sects.  1-9.  Extended  to  alterations,  etc.,  of  highways  by  towns.  St. 
'1891,  170,  §  3. 

Assessments  bear  interest  after  thirty  days  and  the  lieu  continues  for  one 
year  after  determination  of  any  suit  to  test  their  validity.  St.  1884,  237. 
(See  1886,  210.) 

Sect.  11.  Notice  of  assessment  of  betterment  must  be  given  within 
three  months  to  party  to  be  charged.     St.  1885,  299. 

County  commissioners  may  lav  out,  etc.,  highwaj's  under  the  betterment 
act,  where  accepted.     St.  1887, "'124.     (See  1884,  226.) 


Chap.  52.]  PuBLIC   STATUTES.  1593 


Chapter  52.  — Of  the  Repair  of  Ways  and  Bridges. 

Sect.  10,  as  to  trimming,  etc.,  of  trees,  is  revised.  St.  1885,  123,  §  2. 
(See  1800,  196;  1891,  49;   1892,  147;   1893,  78,  403.) 

Sect.  19.  Notice  shall  not  be  invalid  for  unintentional  inaccurac}'  if 
part}'  entitled  to  notice  was  not  misled.     St.  1882,  36  ;  1888,  114. 

"Words  "in  the  superior  court"  stricken  out.  St.  1888,  114.  (See 
1882,  36.) 

Chapter  53.  — Of  the  Regulations  and  By-laws  respecting  Ways  and 

Bridges. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must  be 
fenced.     St.  1887,  393. 

Sect.  1  revised.  Guide  posts  shall  be  erected  at  forks  and  intersections 
of  ways  leading  to  other  towns.     St.  1887,  162. 

Sect.  13  et  seg.  Certain  rights  of  way  in  the  streets,  etc.,  are  given  to 
the  police  in  Boston.     St.  1889,  57. 

Selectmen  in  towns  may  regulate  vehicles  in  streets.  St.  1885,  197. 
And  street  musicians  and  coasting.     St.  1892,  390. 

Sect.  16  amended.     St.  1892,  390. 

Sect.  18.  County  commissioners  may  regulate  the  speed  at  which  per- 
sons may  ride  or  drive  over  certain  bridges.  St.  1888,  313.  (See 
1882,  108.) 

Sect.  28  et  sexj.     See  St.  1889,  24G  ;  1890,  118. 

Chapter   54.  —  Of  the   Boundaries    of  Highways    and   other   Public 
Places  and  Encroachments  thereon. 

Provision  for  establishment  of  a  building  line  on  public  ways.  St. 
1893,  462. 

An  act  to  protect  trees  from  disfigurement.     St.  1893,  403. 

Erection  and  maintenance  of  posts,  wires  and  structures  in  highways 
regulated.     St.  1884,  302,  306  ;  1889,  398,  434.      (See  1883,  221.) 

Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sects.  6-11.  Further  provisions  for  planting,  cutting,  trimming  and 
preservation  of  shade  trees.  St.  1885,  123;  1890,  196;  1891,  49;  1892, 
147.      (See  Res.  1886,  32.     St.  1893,  78,  403.) 

Sects.  9  and  12  are  repealed.     St.  1885,  123,  §  3. 

Sect.  16.     See  St.  1893,  75. 

Chapter  56.  —  Of  the   Inspection  and  Sale  of  Butter,  Cheese,  Lard, 
Fish,  Hops,  Leather,  and  Pot  and  Pearl  Ashes. 

Provision  made  for  a  State  dairy  bureau  and  protection  of  dairv  prod- 
ucts.    St.  1891,  412;  1892,  139. 

Sects.  3-21.  Sale  of  imitations  of  butter  regulated.  St.  1884,  310; 
1885,  352  ;  1886,  317  ;  1891,  58,  412.      (See  1882,  263.) 

Sale  of  adulterated  lard  regulated.     St.  1887,  449. 

Sect.  20.  Powers  and  duties  of  inspectors  increased.  St.  1884,  310, 
§  2  ;   1885,  352,  §  5  ;   1891,  58,  §  2.     (See  1882,  263.) 

Sect.  22  et  seg.  Public  weighers  of  salt-water  fish  provided  for.  St. 
1888,  163. 


1594  Changes  in  the  [Chap.  57. 


Chapter  57. — Of  the  Inspection  and  Sale  of  Milk. 

Municipal,  district  and  police  courts  and  trial  justices  are  given  juris- 
diction under  this  chapter.     St.  1885,  149.     (See  1893,  396,  §  40.) 
\i  Provision  is  made  for  a  State  dairy  bureau  and  protection  of  dairy  prod- 
ucts.    St.  1891,  412;  1892,  139. 

This  chapter  is  not  repealed  or  amended  by  St.  1882,  263.  St.  1884, 
289,  §  4.     _ 

Sect.  2  is  revised  and  powers  and  duties  of  inspectors  modified.  St. 
1884,  289,  310,  §§  3,  4  ;  1885,  352,  §§  4,  5  ;  1886,  318;  1891,  58,  §  3, 
412,  §  10. 

Sects.  5,  7,  9  are  revised.  Additional  provisions  against  adulteration 
of  milk.  St.  1884,  289,  310  ;  1885,  352  ;  1886,  318  ;  1891,  412.  (See 
1882,  263;  1889,  326.) 

An  act  to  protect  owners  of  cans  used  in  sale  of  milk,  cream,  etc.  St. 
1893,  440. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  310, 
§  5.  And  to  counterfeit  his  seal  or  tamper  with  samples.  St.  1888,  318, 
§  4.     And  to  wUfully  deface  and  misuse  milk  cans.     St.  1885,  133. 

Sect.  12  is  repealed.     St.  1885,  145. 

Chapter  58.  —  Of  the  Inspection  and  Sale  of  Provisions  and  Animals 
intended  for  Slaughter. 

Further  provisions  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263  ;  1884,  289  ;   1886,  171.      (See  1883,  263.) 

Provision  made  for  the  suppression  of  contagious  diseases  among  cattle. 
St.  1884,  232;  1887,  250,  252;  1892,  195,  432;  1893,  306.  (See  1885, 
148,  378.) 

The  sale  of  dressed  poultry  is  regulated.    St.  1887,  94.    (See  1883,  230.) 

Sects.  1,  2.  Inspectors  must  be  appointed  annually.  St.  1892,  195, 
432.     (See  1893,  306,  §  5.) 

Sect.  7  is  repealed.     St.  1892,  195,  §  4. 

Chapter  59.  —  Of  the  Inspection  and  Sale  of  Certain  Oils. 

Sects.  6,  7.  Provision  is  made  to  regulate  preparation,  storage,  inspec- 
tion and  sale  of  certain  unsafe  oils,  and  kerosene  and  petroleum  products. 

St.  1885,  98,  122.     (See  1882,  250.) 

Chapter  60.  —  Of  the  Inspection  and  Sale  of  Various  Articles. 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  ice  when 
requested.     St.  1890,  276. 

Sects.  11-16  are  repealed  and  new  provisions  made.     St.  1888,  296. 

Sect.  17  is  repealed.     St.  1883,  29. 

Sect.  20.  A  standard  measure  for  cranberries  is  established.  St.  1884, 
161.      (See  1883,  225  ;  1890,  426.) 

Sects.  21,  22  are  revised  and  other  articles  added.     St.  1888,  414. 

Sects.  56,  57  are  revised  and  sections  58-60  repealed.  Wire  nails  are 
included.     Penalties  and  forfeitures  regulated.     St.  1892,  63. 


Chap.  60.]  PUBLIC   STATUTES.  1595 

Sects.  69-71.  Provisions  against  adulteration  of  vinegar  and  for  com- 
pensation of  inspectors.     St.  188:5,  257;  1884,  163,  307;  1885,  150. 

Sects.  72-78.  Cities  may  regulate  sale  by  the  load  of  prepared  wood, 
slabs  and  edgings.     St.  1891,  136. 

Sects.  79-82.  Sale  of  coal  by  measure  regulated.  St.  1883,  218; 
1884,  70.      (See  1883,  225.) 

Chapter  61.  —  Of  the  Inspection  of  Gas  and.  Gas  Meters. 

A  board  of  gas  and  electric  light  commissioners  is  established  and  theit 
powers  and  duties  prescribed.  St.  1885,  314  ;  1886,  346  ;  1887,  382,  385  ; 
1888,  350  ;  1889,  373  ;  1891,  351,  370  ;  1892,  259,  263.      (See  1888,  428.) 

Clerk's  salary  fixed.     St.  1891,  351. 

The  manufacture,  sale  and  inspection  of  gas  and  electric  light  regulated. 
St.  1885,  240,  314;  1886,  346;   1887,  382,385;   1888,  350;  1889,   169; 

1890,  252;  1891,  370;   1892,  67,  259,  263,  274;  1893,  454.      (See  1886, 
250;  1888,  428;  1890,  404.) 

Sect.  1  amended.     Tenure  of  office  regulated.     St.  1889,  169. 
Sects.   13,  14  do  not  apply  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.  14  amended.     St.  1892,  67.      (See  1886,  250;   1890,  252.) 

Chapter  63.  — Of  the  Sui'vey  and  Sale  of  Lumber,  Ornamental  Wood 

and  Ship  Timber. 

Sects.  1,  2,  3,  4,  5,  16,  19  are  revised.     St.  1890,  159. 

Chapter  65.  — Of  Weights  and  Measures. 

The  weights,  measures  and  balances  to  be  kept  b}'  counties,  cities  and 
towns,  are  defined  and  inspection  provided  for.     St.  1890,  426. 

The  sale  of  coal  by  measure  regulated.     St.  1883,  218  ;  1884,  70. 

Sect.  8.  Sealers  are  to  be  appointed  in  cities  by  mayor  and  aldermen. 
St.  1882,  42. 

Sect.  21.  Unlawful  measures  may  be  seized.  Their  possession  implies 
unlawful  intent.     St.  1883,  225. 

Chapter  67.  —  Of  Auctioneers. 

Sects.  1,  5  are  revised.     St.  1886,  289. 

Sect.  6  amended  and  auction  sales  further  regulated.     St.  1890,  449  ; 

1891,  144.      (See  1886,  289.) 

Chapter  68.  —  Of  Hawkers  and  Peddlers. 

Sect.  1.  Itinerant  venders  must  be  licensed.  Sales  by  them  regulated. 
St.  1890,  448.  (See  1883,  168  ;  1885,  309  ;  1887,  422,  445  ;  1890,  449  ; 
1891,  144.) 

Provision  to  prevent  illegal  peddling  by  minors.  St.  1887,  422  ;  1892, 
331.  (See  1885,  305.)  And  peddling  near  licensed  picnic  groves.  St. 
1887,  445.     (See  1885,  309.) 

Sects.  1,2.  Cities  may  regulate  sale  by  hawkers  and  peddlers  of  any 
articles  mentioned  in  section  one.     St.  1883,  168. 


1596  Changes  in  the  [Chap.  68. 

Sect.  2.  New  provisions  made  for  licensing  minors  and  regulating  sales 
by  them.     St.  1892,  331.      (See  1887,  422.) 

Sects.  4,  9.  Licenses  may  be  gi-anted  to  persons  over  seventy  years  of 
age.  St.  1883,  118,  And  to  certain  honorably  discharged  soldiers  and 
sailors.     St.  1889,  457. 

Sect.  17.     See  St.  1890,  448. 

Chapter  69.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Copy  of  registers  of  foreign  vessels  must  be  filed  with  commissioner  of 
corporations  and  the  commissioner  appointed  agent  to  receive  service  of 
legal  process.     St.  1889,  393.     (See  1884,  330.) 

Sects.  1-9.  Provision  made  for  transportation  of  shipwrecked  seamen. 
St.  1886,  179. 

Sect.  8.     Clause  as  to  advance  wages  stricken  out.     St.  1889,  284. 

Sect.  11.  flarbor  lines  established:  Boston;  1882,  48;  1891,  309. 
Chelsea  ;  1887,  344.  Gloucester  ;  1882,  103  ;  1883,  109.  (See  1885,  315.) 
Haverhill;  1883,  104. 

Sect.  23.  Further  provisions  for  protection  of  harbors,  beaches  and 
shores.  St.  1884,  269;  1892,  206.  Boston;  1892,  358.  Marblehead ; 
St.  1892,  214. 

Sect.  25.     Provision  for  assistant  harbor  masters.    St.  1882,  216.     (See 

1884,  173.) 

Appointment  of  harbor  masters  in  Boston  regulated.     St.  1889,  147. 
Sects.  26,  29,  33.     Powers  of  harbor  masters  extended.     St.  1884,  173. 
Regulations  made  for  Gloucester  harbor.     1885,  315. 
Sect.  33  extended  to  sections  23-32.     St.  1884,  173. 

Chapter  70. —Of  Pilots  and  Pilotage. 

Additional  pilots  provided  for.     St.  1882,  174;   1887,  298. 

Pilotage  fees  established  :  Cohasset ;  St.  1887,  298.  Salem  and  Beverly  ; 
1887,  204.  Wiuthrop;  1892,  114.  Wood's  Holl ;  1889,  275.  (See  1888, 
288.) 

Sp:ct.  12.  The  pilots  shall  be  "for  any  or  all  of  said  ports."  St. 
1890,  300. 

Sects.  26-32.  Certain  exemptions  from  fees  are  made.  St.  1884,  213, 
252. 

Sect.  30.     Limit  extended.     St.  1884,  252,  §§  2,  3. 

Sect.  39.  It  is  forbidden  to  assume  or  continue  to  act,  without  authority, 
as  a  pilot.     St.  1884,  252,  §  6. 

Chapter  72.  — Of  Public  Warehouses. 

Sect.  2.     Bond  and  sureties  are  to  be  approved  by  the  governor.     St. 

1885,  167. 

Sect.  5.  Provision  for  non-negotiable  receipts  assignable  only  on  the 
books  of  the  warehouseman.      St.  1886,  258. 

Sect.  10.  Goods  may  be  sold  to  pay  charges  a  year  overdue.  St.  1887, 
277. 


Chap.   74.]  PuBLIC    STATUTES.  159( 


Chapter  74.  —Of  the  Employment  of  Labor. 

A  State  bt)ard  of  arbitration  :ui<l  coneiliatiou  is  established.  St.  1886, 
263  ;  1887,  2(;!l.  Clerk  provided  for.  St.  1888,  201.  And  expert  assist- 
ants.    St.  1890,385;   1892,382.   • 

Employment  in  the  civil  service  is  regulated.  St.  1884,  320;  1887, 
364,  437;  1888,  41,  253,  334;   1889,  177,  183,  351,  352,  473;   1891,  140. 

Certain  words  used  in  statutes  relating  to  labor  are  defined.  St.  1887, 
103,  §  5. 

Sanitary  provisions  in  factories,  etc.,  are  regulated.  St.  1887,  103, 
173,  218  ;   1888,  305,  426.      (See  1887,  215.) 

Employment  of  women  and  children  regulated.  St.  1882,  150  ;  1884, 
275;  1887,  103,  121,  173,  215,  218,  280,  330,  433;  1888,  305,  348,  426; 
1889,  135,  291  ;  1890,  48,  90,  183,  299  ;  1891,  317;  1892,  83,  210,  352, 
357.      (See  1883,  157;   1890,  179.) 

Provision  to  prevent  manufacture  of  clothing  in  unhealthy  places.  St. 
1891,357;  1892,296;  1893,246. 

Deductions  from  wages  for  imperfections  in  weaving  restricted.  St. 
1892,  410.     (See  18^7,  361  ;  1891,  125.) 

It  is  made  an  offence  to  compel  any  person,  as  a  condition  of  employ- 
ment, to  agree  not  to  join  a  labor  organization.     St.  1892,  330. 

Workmen  employed  by  a  contractor  on  public  work  for  a  city  or  town 
may  sue  the  city  or  town  for  their  wages,  on  certain    conditions.     St. 

1892,  270. 

Provision  to  prevent  persons  not  residents  of  the  Commonwealth  acting 
as  officers  to  protect  property  of  employers  of  labor.     St.  1892,  413. 

Provision  for  authorizing  bells,  gongs  and  whistles  for  factories,  etc. 
St.  1883,  84. 

Weekly  payment  of  wages  by  corporations  required  and  regulated.  St. 
1886,87;   1887,399;    1891,239. 

Leave  of  absence  to  vote  provided  for.  St.  1893,  417,  §  3.  (See  1887, 
272;  1890,  423,  §§  143,  144.) 

Sect.  3.  Liability  of  employers  for  injuries  to  employees  extended  and 
regulated.     St.   1886,  260;  1887,  270;   1888,  155;  1890,83;  1892,260; 

1893,  359.      (See  1883,  243  ;  1886,  140,  173  ;  1890,  179.) 

Eeports  of  accidents  shall  be  made  to  district  police,  St.  1886,  260; 
1890,83.     And  receipt  thereof  acknowledged.     St.  1893,  HI. 

Sect.  4.  Hours  of  labor  regulated  in  certain  cases.  St.  1884,  275  ; 
1887,  215,  280.  330  ;  1888,  348,  §§1,2;  1890,  183,  375  ;  1891,  350  ;  1892, 
83,  352,  357  ;   1893,  386,  406.      (See  1883,  157  ;  1886,  90.) 

Nine  hours  shall  constitute  a  day's  work  for  laborers,  mechanics,  etc., 
employed  by  the  State  or  any  county,  city  or  town.  St.  1890,  375  ;  1891, 
350.     And  State  contracts  for  manual  labor  shall  so  provide.     St.  1893,  406. 

Chapter  75. —  Of  Limited  Partnerships. 

Sect,  3,  Name  of  a  former  firm  may  be  used  with  consent  of  its  mem- 
bers.    St.  1887,  248,  §  1. 

Sects.  7,  8,  12  amended.  Interest  and  liability  of  special  partners 
regulated.     St.  1887,  248. 


1598  ChAN^GES   in   the  [Chap.  76. 


Chapter  76.  — Of  the  Use  of  Trade-Marks  and  Names. 

An  act  to  protect  owners  of  cans,  bottles,  etc.,  used  in  sale  of  milk,  cream, 
soda  water  and  other  beverages.  §t.  1893,  440.  And  to  protect  use  of 
labels,  trade-marks  and  forms  of  advertising.     St.  1893,  443. 

Chapter  77.  —  Of  Money,  Bills  of  Exchange,  Promissory  Notes  and 

Checks. 

Sect.  1.  The  par  of  exchange  established  by  United  States  Rev.  Sts., 
§  3565,  is  adopted.     St.  1882,  110. 

Sect.  3  is  not  repealed  by  St.  1888,  388. 

Interest  on  and  discharge  of  small  loans  regulated.  St.  1888,  388  ; 
1892,  428.      (See  1890,  416.) 

Sect.  8  et  seq.  When  Christmas  falls  on  a  Sunday  the  next  day  is  a 
holiday.     St.  1882,  49. 

The  first  Monday  of  September  is  "  labor's  holiday."     St.  1887,  263. 

No  written  promise  to  pay  money  shall  be  held  not  to  be  a  promissory 
note  or  not  negotiable  because  time  of  payment  is  uncertain,  if  it  is  pay- 
able in  any  event.     St.  1888,  329. 

Provision  made  for  payment  of  checks,  drafts,  etc.,  presented  after 
death  of  drawer.     St.  1885,  210. 

Chapter  78.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

No  agreement  to  make  a  will,  devise  or  legacy,  is  binding  unless  in  writ- 
ing.    St.  1888,  372. 

Chapter  79.  —  Of  the  State  Board  of  Health,  Lunacy  and  Charity. 

The  board  is  divided  into  a  board  of  health,  and  a  board  of  lunacy  and 
charity.     St.  1886,  101. 

Salary  of  secretary  fixed.     St.  1889,  370. 

The  board  of  health  is  given  general  supervision  of  inland  waters  and 
sources  of  water  supply.  St.  1888,  375;  1890,  441,  §  1.  (See  1884, 
154;  1886,  274;   1889,  439.) 

It  may  forbid  sale  of  impure  ice.     St.  1886,  287. 

Appropriation  for  enforcing  laws  against  adulterations  increased.  St. 
1891,  319.     (See  1882,  263,  §  5  ;  1883,  263  ;  1884,  289,  §  1.) 

It  must  report  prosecutions  and  expenditures.     St.  1884,  289,  §  2. 

The  governor  may  detail  an  officer  of  the  district  police  to  assist  in  cases 
of  deserted  and  unprotected  children,  and  of  bastardy.     St.  1885,  158. 

Sect.  9.  Classes  of  inmates  who  may  be  removed  specified.  St.  1887, 
367.     (See  1886,  219,  319  ;  1887,  346.) 

Chapter  80.  — Of  the  Preservation  of  the  Public  Health. 

A  metropolitan  system  of  public  parks  is  provided  for.  St.  1893,  40. 
And  improvement  of  Charles  river.     St.  1893,  475. 

Provision  made  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263  ;  1884,  289  ;  1886,  287  ;  1891,  319.     (See  1883,  263  ;  1891,  374,  412.) 

To  prevent  sale  of  toys  or  confectionery  containing  arsenic.    St.  1891, 374, 


Chap.  80.]  PUBLIC   STATUTES.  1599 

To  prevent  sale  of  impure  ice.     St.  1886,  287. 

To  prevent  manufacture  of  clothing  in  unhealthy  places.  St.  1891, 
357;   1892,  296;   1893,  246. 

To  prevent  feeding  of  garbage,  refuse,  or  offal,  to  milch  cows.  St.  1889, 
326. 

To  authorize  and  regulate  crematories.     St.  1885,  265. 

To  abate  nuisances  by  smoke  in  large  cities.     St.  1893,  353. 

For  suppression  of  contagious  diseases  among  cattle.  St.  1884,  232  ; 
1887,  250,  252  ;  1892,  195,  432  ;  1893,  306.      (See  1885,  148,  378.) 

For  registration  and  regulation  of  pharmacists.  St.  1885,  313  ;  1887, 
267  ;  1893,  227,  472.  And  of  dentists.  St.  1887,  137.  And  plumbers. 
St.  1888,  105  ;  1893,  477.      (See  1882,  252,  §  2  ;  1892,  419,  §§  120,  138.) 

Supreme  judicial  court  in  equity  may  enforce  provisions  of  this  chapter 
and  acts  in  addition  thereto.     St.  1893,  460. 

Sects.  1,  53,  93  amended.     St.  1886,  101,  §  4. 

Sect.  3.  Provision  for  filling  vacancies  in  town  boards  of  health.  St. 
1885,  307. 

Sect.  10.     Local  boards  may  close  places  of  burial.     St.  1885,  278,  §  1. 

Sect.  12.  Provisions  for  regulation  of  house  drainage  and  connection 
with  public  sewere.     St.  1889,  108  ;  1890,  74,  132. 

Sects.  21-23.     Privy  vaults  are  restricted  in  cities.     St.  1890,  74. 

Sect.  28.  Expenditure  under  this  section,  without  a  previous  appropria- 
tion, is  limited.     St.  1887,  338,  §  1. 

Sects.  30-32.  Right  given  of  appeal  and  trial  by  jury,  as  in  case  of 
land  taken  for  highways.     St.  1887,  338,  §§  2,  3. 

Sect.  60.  Further  provisions  regulating  infant  boarding-houses  and 
adoptions.  St.  1889,  309  ;  1891,  194  ;  1892,  318.  (See  1882,  270  ;  1885, 
176;  1889,  416;  1893,  262.) 

Sect.  69  amended.     St.  1893,  79. 

Sect.  70.  Massachusetts  homoeopathic  hospital  aided,  and  appointment 
of  trustees  provided  for.     St.  1890,  358. 

Sects.  78,  79  are  repealed  and  new  provisions  made  as  to  notices  and 
reports  of  contagious  diseases  St.  1883,  138 ;  1884,  98 ;  1890,  102 ; 
1891,  188;  1893,  302. 

Sect.  83  amended.     St.  1886,  101,  §  4.     (See  1883,  138  ;  1893,  302.) 

Sects.  88-91  amended.  Appeals  and  proceedings  regulated.  St.  1889, 
193.     (See  1883,  133.) 

Sect.  92.     Consent  of  common  council  required  in  cities.     St.  1893,  106. 

Sect.  96  et  seq.  Further  provision  made  to  protect  the  purity  of  inland 
waters  and  sources  of  water  supply.     St.  1884,  154,  172  ;    1888,  160,  375  ; 

1890,  441.      (See  1886,  274  ;  1893,  407.) 

A  metropolitan  sewerage  system  is  established.     St.  1889,  439. 
Sects.  98-100  are  repealed.     St.  1884, 154. 
Sects.  103-105  are  repealed.     St.  1891,  120. 

Chapter  81.  —  Of  the  Promotion  of  Anatomical  Science. 

Sect.  1.     Change  made  in  persons  by  whom  permits  may  be  given.     St. 

1891,  185,  406. 

Sect.  3  repealed.     St.  1891,  185. 

Sect.  4.     Friends  have  three  days  to  ask  for  burial.     St.  1891,  185,  §  2. 


1600  Changes  in  the  [Chap.  82. 


Chapter  82.— Of  Cemeteries  and  Burials. 

Provision  made  for  comraissioaers  of  burial  grounds  in  towns.  St. 
1890,  264. 

Cremation  of  the  dead  authorized  and  regulated.     St.  1885,  265. 

Change  of  corporate  name  provided  for.     St.  1891,  360  ;  1892,  198,  201. 

Sect.  3  is  repealed  and  new  provisions  made  defining  rights  of  widows 
and  children  in  burial  lots  and  tombs.  St.  1885,  302;  1892,  165.  (See 
1883,  262.) 

Sect.  6.  Conveyances  need  be  recorded  only  in  the  records  of  the  cor- 
poration.    St.  1883,  142;    1889,299. 

Records  must  be  kept  of  all  conveyances  and  contracts  in  relation  to 
lots.     St.  1889,  299.      (See  1883,  142.) 

Sect.  17.  Towns  and  cities  may  receive  funds  for  care,  improvement 
and  maintenance  of  burial  places  and  lots.  St.  1884,  186  ;  1890,  264, 
§  4. 

Sect.  19.  Boards  of  health  may  close  any  place  of  burial.  St.  1885, 
278,  §  1. 

Sect  24.  To  sustain  an  appeal  the  jury  must  find  that  the  closing  was 
not  necessary  for  the  protection  of  the  public  health.     St.  1885,  278,  §  2. 

Sects.  25-28  are  repealed.     St.  1885,  278,  §  3. 

Chapter  84.  —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Provision  made  for  remedial  treatment  of  recently  insane  paupers.  St. 
1886,  319,  §  3. 

False  representations  for  the  purpose  of  causing  any  person  to  be  sup- 
ported as  a  pauper  are  made  an  offence.     St.  1891,  343. 

Provision  made  for  custody  and  care  of  pauper  children.  St.  1882, 
181  ;  1883,  232,  245  ;  1886,  330 ;  1887,  401  ;  1888,  248  ;  1889,  230  ;  1893, 
197,  217,  252. 

Sect.  2.     See  St.  1890,  414;  1893,  423,  §  12. 

Sect.  3  is  extended  to  towns.  St.  1893,  197.  The  State  board  of 
lunacy  and  charity  mav  act  in  certain  cases.  St.  1887,  401  ;  1893,  197, 
§2.     (See  1889,  230,  §2.) 

Sect.  6.  The  pauper  and  his  estate  are  made  liable  for  expenses 
incurred  for  him.     St.  1882,  113. 

Sects.  14-18.  Transportation  of  destitute  shipwrecked  seamen  pro- 
vided for.     St.  1886,  179. 

Sect.  17.  Overseers  shall  bury  unclaimed  or  unidentified  bodies  upon 
which  inquests  have  been  held.     St.  1887,  310,  §  3. 

Burial  of  deceased  indigent  soldiers,  sailors  and  marines  provided  for. 
St.  1889,  395  ;  1892,  184. 

The  sums  which  may  be  paid  for  burial  of  paupers  are  increased.  St. 
1890,  71. 

Sect.  18.  Period  for  which  aid  may  be  furnished  increased.  St.  1891, 
90,  §  1. 

Sects.  18,  21,  35  amended.     St.  1886,  101,  §  4. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  for  temporary 
care  of  the  unfortunate  and  sick.     St.  1890,  119. 


Chap.  84.]  PuBLIC   STATUTES.  1(301 

Sect.  21  amended.  St.  1883,  232,  §  1.  (See  1882,181,270;  1883, 
245  ;  188.3,  170  ;  1886,  330  ;   1887,  401  ;  1888,  248  ;  1893,  217.) 

Sect.  29.  Removal  by  overseers  to  be  made  within  one  mouth  after 
notice.     St.  1891,  90,  §  2. 

Chapter  85.  — Of  the  Maintenance  of  Bastard.  Children. 

Sect.  1.  Clerk  of  court  may  receive  complaint  and  issue  warrant.  St. 
1885,  289. 

Sect.  2  amended.     St.  188G,  101,  §  4. 

Sect.  6.  Accused  may  be  committed  until  bond  be  given.  Provision 
for  approval  of  bond.     St.  1891,  367. 

Chapter  86.  —  Of  Alien  Passengers  and  State  Paupers. 

Sect.  1  amended.     St.  1886,  101,  §  4. 

Sect.  13.  A  new  board  for  both  almshouse  and  workhouse  is  estab- 
lished and  regulated.     St.  1884,  297  ;  1891,  299. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  278. 

Sect.    21.     Change    made   in  persons  who   may  give   certificates.     St. 

1891,  84. 

Sect.  22  et  seq.  The  removal  of  sick  paupers  is  further  regulated.  St. 
1885,  211  ;  1887,  440. 

Sects.  26,  31.  Further  requirements  as  to  bills  charged  to  the  Common- 
wealth.    St.  1885,  211  ;   1891,  153. 

Sect.  28  was  repealed  by  St.  1883,  239,  which  was  again  repealed  and 
new  provisions  made  by  St.  1886,  298.     (See  1884,  88.) 

Sect.  31.     See  St.  1885,  211. 

Sect.  37  is  extended  to  persons  not  being  sentenced  inmates.  Complaints 
regulated.     St.  1884,  2.58.      (See  1886,  101,  §  4.) 

Sect.  39.  Board  of  lunacy  and  charity  may  transfer  pauper  lunatics  to 
asylum  at  State  almshouse.     St.  1888,  69. 

Sect.  44  et  seq.  New  provisions  made  as  to  care  of  children.  St.  1882, 
181  ;  1883,  232  ;  1886,  330;  1888,  248;   1893,  217,  252. 

A  limited  number  of  children  afflicted  with  epilepsy  or  chronic  disease 
may  be  placed  in  hospital  cottages  at  Bald  win  ville,  which  are  aided,  and 
State  trustees  are  provided  for.     St.   1887,  441  ;   1889,  230  ;   1890,  354  ; 

1892,  407.      (See  Res.  1888,  91.) 

Sect.  46  amended.     St.  1882,  181,  §  1. 

Chapter  87.  —  Of  Lunacy  and  Institutions  for  Lunatics. 

Sects.  1,  29  amended.     St.  1886,  101,  §  4. 

Sect.  2  et  seq.  Additional  hospital  accommodations  provided  for  at 
Westborough  ;  St.  1884,  322.  In  eastern  Massachusetts  ;  St.  1890,  445. 
At  Medfield  and  Dover  ;  St.  1892,  425.  A  hospital  for  male  dipsomaniacs 
and  inebriates;  St.   1889,  414;  1890,  251;  1891,  158.     (See  1885,  339; 

1893,  395.     Res.  1892,  33,  50,  55.) 

Sect.  4.     Number  of  trustees  increased.     St.  1884,  149. 
Sect.  6  et  seq.     At  all  State  institutions  for  the  insane,  provision  shall  be 
made  for  fire  escapes  and  apparatus.     St.  1890,  378. 


1602  Changes  in  the  [Chap.  87. 

Sect.  7.     Female  assistant  physicians  provided  for.     St.  1884,  116. 

Sect,  9.     Time  of  meeting  and  of  report  changed.     St.  1887,  170. 

Sect.  11  et  seq.  Further  provisions  as  to  commitment  and  custody  of 
insane.  St.  1884,  234,  322,  §§  7,  9  ;  1885,  339,  385;  1886,  219,  319; 
1887,346;  1889,90,  414;  1890,  414;  1891,  158;  1892,  53,  229.  (See 
1883,  148.) 

Sects.  11,  37,  46.  Cities  of  over  fifty  thousand  inhabitants  may  estab- 
lish asyhims  for  chronic  insane.     St.  1884,  234. 

Chronic  and  quiet  insane  may  be  cared  for  in  private  families.  St. 
1885,  385. 

Sect.  13.     See  St.  1892,  229. 

Sect.  14  repealed.  St.  1892,  53,  §  2. 

Sect.  15.  See  St.  1884,  322,  §  7. 

Sect.  21.     Fees  as  witnesses  of  salaried  officers  regulated.    St.  1890,  440. 

Sect.  25.  Application  shall  be  made  in  case  of  any  insane  person 
deprived  of  proper  treatment.     St.  1890,  414,  §  1. 

Sect.  26.     See  St.  1884,  234. 

Sects.  32-34.  Commonwealth  shall  pay  for  support  of  certain  criminals 
committed  to  insane  hospitals.     St.  1883,  148  ;  1889,  90. 

Provision  to  reimburse  towns  in  certain  cases.     St.  1892,  243. 

Sect.  37.     Name  of  temporary  asylum  changed.     St.  1887,  239. 

Sect.  38  et  seq.  The  transfer  of  the  insane  regulated.  St.  1884,  234, 
§  3,  322,  §§  7,  9;  1885,  339,  §§  2,  3,  385;  1886,  219,  319;  1887,  346, 
§  2,  367  ;  1889,  414,  §  16 ;  1890,  414  ;  1891,  158. 

Sect.  40.  Superintendents  may  be  authorized  to  discharge  patients  and 
may  allow  temporary  absences.  St.  1883,  78.  (See  1885,  339,  §  3  ;  1886, 
319.) 

Sect.  46  et  seq.  Overseers  of  the  poor  shall  not  commit  or  detain 
recently  insane  persons  in  an  almshouse  without  remedial  treatment. 
They  must  give  notice  to  the  State  board  of  the  admission  and  discharge 
of  the  insane.     St.  1890,  414.     (See  1886,  319,  §  3.) 

Sects.  47-49  are  repealed.  The  asylum  at  Ipswich  is  discontinued. 
St.  1887,  207.     (See  1890,  445.) 

Sect.  50.     See  St.  1887,  367. 

Sect.  55  et  seq.  Name  changed  to  "  school  for  the  feeble-minded." 
Regulations  revised.  St.  1883,  239  ;  1886,  298.  The  allowance  is  in- 
creased.    St.  1887,  123.     (See  1884,  88;  1886,  298,  §  4.) 

Chapter  88.— Of  the  State  Workhouse.. 

Name  changed  to  "  State  farm."     St.  1887,  264. 

A  new  board  is  established.  St.  1884,  297;  1891,  299.  (See  1883, 
279;  1887,  264.) 

Sect.  4  amended.     St.  1886,  101,  §  4. 

Sects.  5-8.  Persons  not  being  sentenced  inmates,  who  escape  and 
within  one  year  are  found  begging,  may  be  punished.  St.  1884,  258.  (See 
1889,  245.) 

Provision  made  for  transfer  of  prisoners  to  and  from  the  State  farm. 
St.  1884,  297  ;  1887,  292  ;  1890,  180,  278. 


Chap.  89.]  PUBLIC   STATUTES.  1603 


Chapter  89.  —  Of  the  State  Primary  and  Reform  Schools  and  the  Visi- 
tation and  Reformation  of  Juvenile  Offenders. 

Sects.  1,8.  Name  of  reform  school  changed  to  Lyman  school;  and 
authority  of  trustees  extended  and  commitments  regulated.  St.  1884, 
323;   1885,  86,  151.     (See  1884,  255,  §  11.) 

Sects.  4,  5.  Provision  made  for  care  and  maintenance  of  pauper  chil- 
dren between  the  ages  of  three  and  sixteen  having  no  settlement.  St. 
1882,  181  ;  1883,  232,  §  3  ;  1886,  330.      (See  1888,  248.) 

Sects.  5,  7  amended.     St.  1886,  101,  §  4. 

Sect,  15  et  seq.  Girls  committed  by  United  States  courts  are  to  be  sent 
to  the  State  industrial  school  for  girls.     St.  1887,  426,  §  2. 

Arrests  and  commitments  of  children  regulated.  St.  1882,  127,  181, 
§  3;  1883,  110;  1884,  255,  §  11,  323,  §  3;  1888,  248.  (See  1887,  266; 
1889,  469.) 

No  boy  over  fifteen  shall  be  committed  to  the  Lyman  school.  St.  1884, 
255,  §  11,  323,  §  3. 

Sect.  18.  Summons  to  be  issued  to  children  under  twelve.  St.  1882,, 
127,  §3. 

Sect.  20.     New  provision  made  as  to  notice  of  complaint.     St.  1883,  110» 

Sect.  33.  Fees  and  charges  of  salaried  officers  regulated.  St.  1889, 
469;  1890,  440;  1891,  325. 

Sect.  45.  Trustees  may  discharge  boys  for  mental  incapacity  or  bodily 
infirmity.     St.  1889,  123. 

Sects.  49,  51  repealed.  St.  1888,  248,  §  2.  (See  1882,  181,  §  3; 
1887,  266.) 

Chapter  90.  —  Of  Contagious  Diseases  among  Cattle,  Horses  and  Other 

Domestic  Animals. 

A  new  board  of  cattle   commissioners  is  established.     St.  1885,  378  j 
1887,  252  ;  1892,  195,  432  ;  1893,  306.      (See  1884,  232.) 
This  chapter  is  repealed  and  revised.     St.  1887,  252;  1892,   195,  432. 
(See  1884,  232  ;  1885,  148,  378  ;  1887,  250  ;  1893,  306.) 
Provision  for  suppression  of  pleuro-pneumonia.     St.  1887,  250. 

Chapter  91. —  Of  Inland 'Fisheries  and  Kelp. 

Fishing  is  regulated  in  various  places:  Barnstable  county;  St.  1884,^ 
264;  1887,  120.  (See  1885,  193;  1886,  202;  1887,  120.)  Berkshire; 
1888,276;  1890,193.  Bourne;  1891,  164.  (See  1889,  202.)  Bristol; 
1882,  189.  Buzzard's  bay  ;  1884,  214,  §  2;  1886,  192;  1891,  327;  1893, 
205,  255.  (See  1887,  197  ;  1890,  229.)  Dukes  ;  1884,  245  ;  1886,  234. 
(See  1882,  102.)  Eastham ;  1893,  77.  Edgartown ;  1882,  65;  1885^ 
247;  1886,  234;  1891,  52.  (See  1882,  65;  1885,  247.)  Essex;  1888,. 
126  ;  1893,  36.  Franklin,  Hampden  and  Hampshire  ;  1890,  193.  Marion  ; 
1892,  188;  1893,  255.  Marshfield ;  1889,  292;  1890,  336.  Mashpee ; 
1884,264;  1892,196.  Mattapoisett ;  1884,  214;  1890,229;  1892,  186. 
(See  1887,  197.)  Merrimack  river;  1882,  166;  1883,  31,  121;  1884,. 
317;  1893,  201.  Nantucket;  1891,  128.  (See  1887,  96;  1888,  238.). 
Norwell  and  Pembroke  ;  1889,  292  ;  1890,  336.     Plum  Island  bay  (triba- 


1604  Changes  in  the  [Chap.  91. 

taries)  ;  1887,  105  ;  1890,  30.  Plymouth  ;  1884,  199  ;  1886,  163  ;  1889, 
292;  1890,  336.  (See  1883,  76.)  Randolph;  1889,  78.  Scituate  ;  1889, 
292;  1890,  336.  Wellfleet  bay  ;  1891,  135.  (See  1889,  179.)  Westport; 
1887,  193;  1891,  137. 

Persons  violating  the  fish  laws  may  be  arrested  without  a  warrant  in  cer- 
tain cases.     St.  1893,  105. 

Commissioners  may  forbid  discharge  of  sawdust  from  a  mill  into  a  brook. 
St.  1890,  129. 

The  catching  of  pickerel  is  restricted.     St.  1888,  331. 

Squam  pond,  Gloucester,  granted  to  United  States  fish  commission  for 
ten  years.     St.  1892,  43. 

Provision  made  for  protection  of  traps,  trawls  and  seines.     St.  1882,  53. 

A  bounty  provided  for  destruction  of  seals.     St.  1888,  287  ;   1892,  234. 

Sect.  3.     See  St.  1893,  105. 

Sects.  10-24.     Use  of  nets  in  ponds  restricted.     St.  1884,  318. 

An  act  for  the  protection  of  great  ponds.     St.  1888,  318. 

Sect  12,  The  provisions  for  leasing  great  ponds  are  repealed.  St.  1885, 
109.     (See  1889,  354.) 

Sect.  16.  Proceedings  against  defaulting  lessees  regulated.  St.  1886, 
248. 

Sect.  17.     See  St.  1886,  248,  §  2. 

Sect.  25.  Provision  for  flowing  lands  in  Barnstable  for  fish  culture. 
St.  1889,  383. 

Sect.  26  not  repealed  by  St.  1892,  252. 

Sect.  31.     Rights  of  riparian  proprietors  extended.     St.  1890,  231. 

Sects.  36,  39.  Use  of  nets  and  seines  in  Merrimack  river  regulated. 
St.  1882,  166;  1883,  31,  121  ;  1884,  317.     (See  1882,  53.) 

Sect.  41.     Certain  fisheries  exempted.     St.  1884,  199. 

Sects.  51-53.  Close  time  for  trout,  land-locked  salmon  and  lake  trout 
established.  St.  1884,  171;  1888,  276;  1890,  193;  1891,  138.  (See 
1893,  105.) 

Sale  of  trout  less  than  six  inches  in  length  forbidden.     St.  1892,  252. 

Furnishing  trout  and  trout  spawn  by  the  Commonwealth  regulated.  St. 
1893    59. 

Sect.  55.     See  St.  1888,  126. 

Sect.  56.     Close  season  for  bladk  bass  changed.     St.  1893,  80. 

Sects.  57,  59.  Smelt  fishery  regulated  in  certain  waters.  St.  1887, 
105;  1890,  30;  1891,  128. 

Sects.  68,  69.  Cities  and  towns  may  regulate  or  prohibit  taking  of  eels 
and  shell-fish.     St.  1889,  391.      (See  1889,  64;  1892,  188;   1893,  255.) 

Sect.  70.  Rights  acquired  under  this  section  not  affected  by  St.  1886, 
192;  1887,197;  1890,229;  1891,327;   1893,205. 

Sects.  73,  74  apply  to  owners  of  traps  or  contrivances  for  catching 
lobsters.     St.  1889,  109. 

Sect.  76.     See  St.  1882,  102  ;  1884,  245,  264;  1887,  120. 

Sect.  81  et  seq.  Provisions  for  protection  of  lobsters.  St.  1882,  98  ; 
1884,  212  ;  1885,  256  ;  1887,  314  ;  1889,  109  ;  1890,  293  ;  1891,  122  ;  1893, 
183.     (See  1892,  403;  1893,  105.) 

Sect.  84.     See  St.  1884,  212;  1887,  314. 


Cn.vp.  91.]  Public  Statutes.  1605 

Sect.  85.     See  St.  1887,  314,  §  2. 

Sects.  93,  94.  The  planting  and  taking  of  oysters  are  regulated.  St. 
1884,  284  ;  188o,  220  ;  1886,  299.  Taking  oysters  restricted  in  Westport ; 
St.  1887.  119.     In  Yarmouth;  St.  1892,  74. 

The  planting  and  digijing  of  clams  are  regulated  in  certain  places.  St. 
1888,  198,  202;  1889,  T>1. 

Sect.  95.  The  taking  of  scallops  regulated  in  certain  places.  St.  1887, 
96  ;  1888,  223,  238  ;  1892,  188  ;   1893,  55,  172.     (See  1885,  220,  §§  3,  4.) 

Sects.  97-iOl  extended  to  waters  where  there  are  no  natural  oyster  beds. 
St.  1884,  284. 

Use  of  dredge,  tongs,  etc.,  on  private  oyster  beds  forbidden  without  con- 
sent of  owners.     St.  1885,  220,  §  5.     (See  1893,  105.) 

The  granting  of  oyster  licenses  regulated.  St.  1885,  220;  1886,  299. 
(See  1884,  284.) 

Sect.  104.  Payment  of  fines  and  forfeitures  regulated.  St.  1890,  390, 
§  3.     (See  1887,  314,  §  2.) 

Chapter  92.  —  Of  the  Preservation  of  Certain  Birds  and  Other  Animals. 

This  chapter  is  repealed  and  revised.  St.  1886,  276  ;  1887,  300;  1888, 
292;  1891,  142,  254;  1892,  102;  1893,  49,  105,  189,  398.  (See  1882, 
199;  1883,36,169;  1884,282,  308;  1886,  246;  1887,  211;  1888,  269; 
1890,  237,  249.) 

Persons  found  violating  the  game  laws  may  be  arrested  without  a  war- 
rant in  certain  cases.     St.  1893,  105. 

Provision  made  for  protection  of  game  and  prevention  of  trespass  on 
private  land.     St.  1884,  308  ;  1890,  403,  410.      (See  1886,  276,  §  4.) 

Liberating  a  fox  or  raccoon  in  Dukes  county  is  prohibited.  Provision 
for  a  reward  for  their  destruction.     St.  1890,  237. 

Sects.  1,  2.  The  close  time  for  grouse,  woodcock,  quail  and  ducks  is 
regulated.  Killing  pinnated  grouse  at  any  time  forbidden.  St.  1891,  142  ; 
1893,  189,  398.  (See  1886,  276,  §  1  ;  1888,  292  ;  1890,  249.)  Quail  are 
protected  in  Nantucket.     St.  1893,  49. 

Sect.  3.  Shooting  black  duck  in  Plymouth  bay  and  harbor  regulated. 
St.  1888,  269.  Shooting  wild  fowl  from  boats  in  certain  waters  of  Nan- 
tucket is  forbidden.     St.  1886,  246. 

Pursuit  of  wild  fowl  with  a  boat  propelled  by  any  other  means  than 
sails,  oars  or  paddles  is  prohibited.    St.  1892,  102.     (See  1886,  246,  276.) 

Sect.  6.  Provision  made  for  extermination  of  the  English  sparrow. 
St.  1890,  443.     (See  1883,  36  ;  1886,  276_,  §  4.) 

Sect.  7.  Trapping  or  snaring  of  certain  game  and  use  of  ferrets  are 
made  offences.  St.  1886,276,  §  6;  1887,  300;  1891,  254.  (See  1884, 
308;   1893,  105.) 

Sects.  8-10.  Further  provision  for  protection  of  deer.  St.  1882,  199  ; 
1883,  169.     (See  1893,  105.) 

Chapter  94.  —  Of  Timber  afloat  or  cast  on  Shore. 

Floating  of   timber   in   Connecticut   river   regulated.     St.    1882,    274 
1883,  183. 


1606  Changes  in  the  [Chap.  97. 


Chapter  97.  — Of  Wrecks  and  Shipwrecked.  Goods. 

This  chapter  is  revised.     St.  1887,  98.     (See  1883,  260  ;  1885,  341.) 
Px*ovision  made  for  removal  of  wrecks  and  obstructions  in  tide-waters. 
St.  1883,  260. 

Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

The  provisions  of  this  chapter  are  not  a  defence  to  actions  for  injuries 
to  a  traveller  on  the  Lord's  day.     St.  1884,  37. 

Sects.  1,  2  amended  and  section  3  repealed.  Attending  games,  etc.,  on 
Saturday  night  is  not  forbidden,  and  certain  kinds  of  work  and  business 
are  permitted  on  Sunday.     St.  1887,  391  ;  1893,  41.     (See  1886,  82.) 

Sects.  13,  15  amended.     St.  1887,  391,  §  3. 

Chapter  99.  — Of  Gaming. 

Provision  made  for  recovery  of  payments,  etc.,  made  on  wagering  con- 
tracts in  securities  and  commodities.     St.  1890,  437.      (See  1892,  138.) 

Provision  is  made  for  the  removal  of  certain  obstructions  in  gambling 
resorts,     St.  1887,  448  ;  1892,  388.     (See  1883,  120.) 

Sect.  8  amended,  and  provisions  in  regard  to  pool  selling  and  register- 
ing bets  extended.     St.  1885,  342. 

Sect.  10.  The  provisions  against  common  gaming  houses  are  revised 
and  extended.  St.  1887,  448,  §  2  ;  1892,  388.  (See  1883,  120  ;  1885, 
66;  1890,  439,  §  2;  1893,  226.) 

Chapter  100.  —  Of  Intoxicating  Liquors. 

The  disposal  or  placing  on  file  of  liquor  cases  is  restricted.    St.  1885,  359. 

A  penalty  is  provided  for  employing  a  person  under  eighteen  to  serve 
liquor.     St.  1890,  446. 

Provision  is  made  to  prevent  illegal  sale  of  liquor  in  clubs.  St.  1887, 
206;   1890,  439;  1893,  226. 

Sects.  2,  3,  5,  8,  10.  Sales  by  retail  druggists  and  apothecaries  regu- 
lated. St.  1887,  431  ;  1889,  270  ;  1893,  472,  §  4.  (See  1885,  313  ;  1887, 
267.) 

Sect.  5  et  seq.  The  granting  of  licenses  is  further  limited  and  regulated. 
St.  1882,  220,  222,  242,  259;  1883,  93;  1884,  158;  1885,  83,  90,  216, 
323,  §  2;  1887,  323,  392,  431  ;  1888,  139,  254,  262,  340,  341  ;  1889,  270, 
344,  347,  361  ;  1890,  446  ;  1891,  361  ;  1892,  280.  (See  1886,  323,  §  2  ; 
1893,  148.) 

Transfer  of  locality  of  licenses  provided  for.     St.  1889,  344. 

Sect.  7.  Objection  may  be  made  by  owner  of  real  estate  within  twenty- 
five  feet  of  the  premises.     St.  1887,  323. 

Sect.  9.     Sales  at  night  regulated.     St.  1882,  242  ;  1885,  90. 

CI.  4  extended  to  persons  supported  by  public  charity.     St.  1884,  158. 

CI.  5  revised.  Selling  liquor  at  a  table  in  a  bar-room  prohibited.  St. 
1891,  369. 

Sect.  10,  els.  1-5.  Sale  or  delivery  is  forbidden  on  election  days  and 
certain  holidays.  St.  1885,  216;  1888,  254,  262;  1889,  347,  361.  (See 
1885,  90;  1889,  186.) 


Chap.    100.]  PUBLIO   STATUTES.  1607 

And  may  be  forbidden  in  cases  of  riot  or  great  public  excitement.     St. 

1887,  365.' 

Cls.  1-3.  No  license  of  these  classes  sliall  be  for  a  building  witliin  four 
hundred  feet  of  a  public  school.     St.  1882,  220. 

Cls.  1-0.  No  license  of  the  first  five  classes  shall  be  granted  to  be  exer- 
cised in  a  dwelling-house  or  a  store  having  interior  connection  with  a  dwell- 
ing.    St.  1888,  139. 

Number  of  places  to  be  licensed  limited.     St.  1888,  340. 

Provision   made  for  licenses  in  towns  which  are  summer  resorts.     St. 

1888,  340;  1892,  280. 

No  license  except  of  the  sixth  class  shall  be  granted  to  retail  druggists 
and  registered  pharmacists.  St.  1887,  431  ;  1889,  270.  (See  1885,  313; 
1887,  267;  1893,  227,  472.) 

Sect.  11.     The  minimum  fees  are  increased.     St-  1888,  341. 

Sect.  12.  View  of  interior  of  the  premises  must  not  be  obstructed.  St. 
1882,  259. 

Sect.  13.  Furtlier  requirements  of  sureties  provided  for.  St.  1882,  259. 
The  form  of  bond  is  changed.     St.  1888,  283. 

Sect.  16.  License  shall  be  void  on  conviction  of  violation  of  any  provi- 
sion of  the  liquor  laws.     St.  1887,  392. 

Sect.  18  is  extended  to  common  victuallers.  St.  1882,  242.  The  pen- 
alties are  modified.     St.  1889,  114,  268. 

Sect.  24.  Sales  to  a  minor  for  his  own  or  any  other  person's  use  are 
forbidden.     St.  1889,  390. 

Sale  to  children  under  sixteen  of  candy,  or  other  article,  enclosing  a 
liquid  containing  more  than  one  per  cent,  of  alcohol  is  forbidden.  St. 
1891,  333. 

Sect.  25  is  extended  to  sales  by  druggists  except  on  physicians'  prescrip- 
tions. The  mayor  or  selectmen  may  give  the  notice  and  sue  for  benefit  of 
husband,  wife,  child,  parent,  or  guardian.     St.  1885,  282. 

Sect.   26.     Additional  facts  made  p?-tma/acie  evidence.     St.  1887,  414. 

Sect.   27  is  revised  and  new  definition  made.     St.  1888,  219. 

Sect.  29.  The  inspection  and  analysis  of  liquors  regulated.  St. 
1882,  221. 

Salary  of  inspector  and  assayer  fixed.     St.  1887,  232.     (See  1885,  224 ; 

1886,  175.) 

Sect.  30.  A  search  warrant  may  be  issued  by  a  justice  authorized  to 
issue  warrants  in  criminal  cases.     St.  1884,  191.      (See  1884,  286.) 

Sects.  30,  33.  Implements  of  sale,  and  furniture  used  or  kept  to  be 
used  for  illegal  keeping  or  sale  of  liquor,  may  be  seized,  aud  may  be 
destroyed  or  sold  as  court  may  order.     St.  1887,  406  ;  1888,  297. 

Sect.   38.     Provision   made   for   disposition  of   forfeited   liquors.     St. 

1887,  53  ;  1888,  297.     (See  1887,  406.) 

Sect.  40.     Costs  increased  in  certain  cases.     St.  1888,  277. 
Sect.  45.     Clubs  may  be   licensed.     St.  1887,  206.     (See  1890,  439  ; 
1893,  226.) 

Chapter  101. —Of  the  Suppression  of  Common  Nuisances. 

Sect.  6.  Provision  for  suppression  of  nuisances  under  this  section. 
St.  1887,  380.     (See  1887,  206.) 


1608  Changes  in  the  [Chap.  loi. 

St.  1887,  414,  applies  to  cases  under  this  chapter,  St.  1887,  414,  §  3. 
Additional  costs  allowed  in  certain  cases.     St.  1888,  277. 

Chapter  102.  —  Of  Licenses  and  Municipal  Begulations  of  Police. 

Provision  made  for  registration  of  pharmacists.  St.  1885,  313;  1887, 
267;  1893,  227,  472.  Of  dentists.  St.  1887,  137.  Of  plumbers,  and 
inspection  of  their  work  and  materials.  St.  1888,  105  ;  1893,  477.  (See 
1882,  252,  §  2  ;  1892,  419,  §§  120,  138.) 

And  for  licenses  for  infant  boarding-houses.  St.  1892,  318.  (See  1882, 
270,  §  3  ;  1889,  309,  416  ;  1891,  194.)  And  for  license  to  make,  alter  or 
repair  clothing  for  sale  in  a  private  house.  St.  1893,  246.  (See  1891,  357; 
1892,  296.)     And  for  itinerant  vendors  of  merchandise.     St.  1890,  448. 

Sect.  4.    Time  of  grant  and  expiration  of  licenses  changed.    St.  1890,  73. 

Sect.  5.     See  St.  1885,  316  ;  1893,  436. 

Sects.  12,  15.     Liability  of  iunholders  further  limited.     St.  1885,358. 

Sect.  13  extended  to  boarding-houses.  St.  1883,  187.  Maximum  fine 
decreased.  St.  1884,  169.  Disposition  of  unclaimed  baggage,  etc.,  regu- 
lated.    St.  1893,  418. 

Sect.  21.  Words  "  who  is  a  minor"  added  after  "  student."  St.  1893, 
292,  §  1. 

Sect.  23  is  repealed.     St.  1893,  292,  §  2. 

Sect,  33.  Articles  of  personal  apparel  are  not  to  be  deemed  perishable 
within  the  meaning  of  this  section,     St.  1884,  324. 

Sects.  33-37.  The  business  of  making  loans  on  articles  of  personal 
use  or  ornament  is  regulated.  St.  1890,  416.  (See  1885,  252  ;  1888,  388  ; 
1892,  428.) 

Sect.  34.  St.  1888,  388,  does  not  apply  to  licensed  pawnbrokers  and 
does  not  affect  this  section.     St,  1890,  416,  §  6. 

Sect.  35.  Any  district  police  officer  may  enter  and  examine  pawnshops. 
St.  1888,  243. 

Sect.  39.  Provision  for  licenses  for  stables  for  more  than  four  horses. 
St.  1890,  230,  395  ;  1891,  220.      (See  1889,  89.) 

No  livery  stable  shall  be  within  two  hundred  feet  of  a  church,  etc.,  with- 
out consent  of  the  society  worshipping  therein.     St.  1891,  220,  §  2. 

Sects.  40-53  repealed  so  far  as  they  relate  to  the  city  of  Boston  and 
other  provisions  made.     St,  1892,  419. 

Sect,  49.     See  St.  1893,  387. 

Sect.  54,  Cities  and  towns  ma}'  regulate  sale  or  use  of  to}'  pistols,  toy 
cannon  and  articles  in  which  explosives  are  used,     St.  1882,  272, 

Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  persons 
under  fifteen.     St.  1884,  76, 

Sect.  56,  Provision  made  for  notice  to  chief  engineer,  etc.,  of  place  of 
storage  of  gunpowder  and  explosive  compounds.     St.  1882,  269. 

Sects.  69-75.  Eegulations  for  preparation,  storage,  inspection  and  sale 
of  kerosene  and  petroleum  products.     St,  1885,  98,  122,     (See  1882,  250,) 

Sects,  80-84,  The  licensing  of  dogs  is  further  regulated,  St.  1885, 
292;  1886,  259,  §  2;  1887,  135,  307;   1890,  72;   1892,  50, 

The  keeping  of  blood-hounds  and  other  like  dogs  is  restricted.  St.  1886, 
340  ;  1892,  50. 


CiiAv.  102.]  Public  Statutes.  1609 

Special  licenses  may  be  granted  for  breeding  purposes.     St.  1887,  307. 

Bond  required  to  account  for  receipts  from  dog  licenses.  St.  1888,  320. 
Time  for  payment  of  such  receipts  clianged.     St.  1886,  259. 

Sect.  83  amended.     St.  1886,  101,  §  4. 

Sect.  SQ.  Provision  for  recording  licenses  in  cases  of  transfer.  St. 
1884,  185. 

Sect.  98  et  seq.  The  law  as  to  damages  to  domestic  animals,  etc.,  by 
dogs  is  revised.     St.  1889,  4.54.     (See  1886,  259,  §  1.) 

Sects.  115-127.  Provision  for  licensing  skating  rinks.  St.  1885,  196. 
And  picnic  groves.     St.  1885,  309.     (See  1887,  445.) 

Admission  of  children  to  places  of  amusement  regulated.     St.  1887,  446. 

Sects.  116-119.  Municipal,  district  and  police  courts  have  jurisdiction 
under  these  sections.     St.  1887,  293. 

Sect.  124.  Rate  and  manner  of  payment  for  these  licenses  changed. 
St.  1882,  258. 

Hawking  and  peddling  restricted,  and  gaming,  horse  racing  and  shows 
forbidden  within  one-half  mile  of  licensed  groves  for  picnics,  etc.  St.  1887, 
445.     (See  1885,  309.) 

Chapter  103.  — Of  the  District  and.  Other  Police. 

The  district  police  is  divided  into  an  inspection  and  a  detective  depart- 
ment.    St.  1888,  113.      (See  1888,  389,  426  ;  1891,  302,  357,  §  6.) 

Special  officers  appointed  in  an  emergency  must  be  residents  of  the  State. 
St.  1892,  413.  , 

Tenure  of  police  officers  regulated  in  certain  cities.     St.  1890,  319. 

Police  matrons  required  in  certain  cities.     St.  1887,  234;  1888,  181. 

Pensions  are  provided  for  in  Boston.     St.  1887,  178  ;  1892,  353. 

Sect.  1.  Number  of  district  police  increased.  St.  1885,  131  ;  1887, 
256  ;  1888,  389,  426,  §  13  ;  1891,  302,  357,  §  6  ;  1893,  387. 

The  requirement  of  an  examination  by  a  justice  is  repealed.  St.  1885, 
186.     (See  1884,  190.) 

Sect.  3.     Clerks  provided  in  chief's  office  and  their  salaries  fixed.     St. 

1890,  137  ;   1892,  249. 

Sect.  5.     Salaries  fixed.     St.  1887,  127;   1892,  128. 

Sect.  9.     Two  female  inspectors  provided  for.     St.  1891,  302. 

Sect.  10.  Duties  of  inspectors  extended.  St.  1887,  218  ;  1888,  149, 
§3,316,399,426;  1891,  357.  (See  1882,  266,  §  6;  1885,  326;  1887, 
219,  226;  1888,  207;  1890,  438;  1891,  261  ;   1893,  387.) 

An  appeal  is  given  from  certain  orders  of  inspectors.     St.   1890,  438  ; 

1891,  261. 

Sect.  11.  Reports  of  accidents  provided  for.  St.  1886,  260,  §  3; 
1890,  83.     Receipt  thereof  must  be  acknowledged.     St.  1893,  111. 

Sect.  15.  Railroad  police  shall  be  sworn.  Tenui'e  of  office  regulated. 
St.  1883,  65.  They  are  to  be  paid  no  witness  fees  in  certain  cases.  St. 
1890,  440,  §  9. 

Chapter  104. —  Of  the  Inspection  of  Buildings. 

An  act  to  authorize  the  establishment  of  a  building  line  on  public  ways. 
St.  1893,  462. 


1610  Changes  in  the  [Chap.  io4. 

The  height  of  buildings  in  cities  is  restricted.     St.  1891,  355. 

Sects.  4-12.  Provision  made  for  inspection  and  proceedings  under  these 
sections.  St.  1888,  149,  316,  399,  426;  1890,  438,  1891,  261.  (See 
1892,  419.) 

Sect.  6.  Provision  for  appointment  of  officers  where  there  is  no  engi- 
neer.    St.  1888,  399,  §  4. 

The  erection  and  construction  of  buildings  to  be  used  for  certain  public 
purposes  are  regulated.  St.  1888,  316,  426  ;  1893,  199.  (See  1882,  208, 
266;  1883,251;  1884,  52,  223;  1885,  326;  1886,  173;  1887,  103,  §  3, 
173,  218  ;  1888,  207,  305  ;  1890,  179,  307  ;  1892,  419.) 

Building  law  for  Boston.  St.  1892,  419  ;  1893,  170,  293,  297,  464. 
(See  1888,  316;  1893,  199.) 

Sect.  8.  Appeal  given  from  orders  of  district  police  inspectors.  St. 
1890,  438;  1891,  261. 

Sect.  12.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Sects.  13-24.  In  manufacturing  establishments  run  by  steam  the  engi- 
neer's room  must,  if  required  by  inspector,  have  means  to  communicate 
with  machinery  rooms,  and  to  control  the  power.    St.  1886, 173  ;  1890, 179. 

Sect.   14.     Extended  to  mercantile  and  public  buildings.    St.  1882,  208. 

The  use  of  elevators  is  further  regulated.  .  St.  1882,  208;  1883,  173; 
1890,  90. 

Sects.  15-20  are  repealed,  and  the  provisions  for  precautions  against 
fire  are  revised  and  extended.  St.  1882,  251,  266;  1884,  52,  223;  1888, 
86,  426  ;   1890,  307.     (See  1888,  207,  316,  399  ;  1892,  419  ;  1893,  199.) 

Sect.  19.  No  inside  or  outside  door  of  factory,  etc.,  shall  be  fastened 
during  working  hours.     St.  1884,  52. 

Sect.  20.  Theatres  must  have  approved  fire-resisting  curtains.  St. 
1888,  426,  §  1.      (See  1888,  207.) 

Public  buildings  and  school-houses  must  have  proper  sanitary  provisions 
and  ventilation.     St.  1888,  149.      (See  1891,  261.) 

Provision  for  securing  proper  sanitary  precautions  in  factories  and  work- 
shops.    St.  1887,  103,  §  3,  173,  218  ;  1888,  305. 

Sect.  23  is  revised.  St.  1887,  276.  (See  1882,  266,  §  4  ;  1887,  219  ; 
1888,  426.) 

Sect.  24  is  made  to  apply  to  sections  16  to  21.     St.  1882,  266,  §  5. 

Chapter  105.  —  Of  Certain  Powers,  Duties  and.  Liabilities  of 

Corporations. 

Change  of  name  of  corporations  subject  to  provisions  of  chapters  106- 
119,  provided  for.     St.  1891,  360  ;  1892,  198,  201.     (See  1891,  257.) 

Assuming  name  of  another  corporation,  or  a  similar  name,  is  restricted. 
St.  1891,  257.      (See  1888,  413,  §  27,  429,  §  2.) 

Conditions  prescribed  for  foreign  corporations  doing  business  here.  St. 
1884,  330  ;  1887,  214,  §§  77-88,  91,  92  ;  1888,  429,  §  11  ;  1889,  356,  427  ; 
1890,199,310,321,  329;  1891,  275,  341,  1893,  303.  (See  1882,  106; 
1883,  74;  1886,  230;  1888,  321;  1890,  198,  304,  315,  321;  1891,  368, 
382,  403;  1892,  129.) 

Returns  to  be  made  by  foreign  corporations.  St.  1882,  106  ;  1884,  330  ; 
1886,  230  ;  1891,  341.     (See  1890,  199.) 


Chap.   105.]  PUBLIC   STATUTES.  1611 

Issuing  obligations,  to  be  redeemed  in  numerical  or  arbitrary  order  of 
precedence,  is  prohibited.     St.  1891,  .382. 

Provision  made  to  enable  foreign  manufacturing  corporations  to  purchase 
and  hold  real  estate  here.     St.  1888,  321. 

Provision  for  insolvency  proceedings  by  or  against  certain  foreign  cor- 
porations.    St.  1890,  321. 

Safe  deposit,  loan  and  trust  companies  are  subject  to  the  duties,  restric- 
tions and  liabilities  set  forth  in  this  chapter.  St.  1888,  413.  (See  1887, 
69;  1889,342,  452;  1890,  315;   1892,  327;  1893,  114.) 

Sects.  14,  15  are  repealed,  but  officers  may  be  removed  for  previous  vio- 
lations of  section  14.     St.  1889,  222. 

Sect.  21.  Stockholder  may  require  list  of  stockholders  filed  in  office  of 
secretary  of  the  Commonwealth.     St.  1889,  222,  §  3. 

Sect.  24.  No  record  is  necessary  for  the  transfer  of  stock.  St.  1884, 
229. 

Sect.  28.     See  St.  1884,  268,  330;  1888,  321;  1889,  393;  1890,  321. 

Sect.  42.     The  time  limit  is  stricken  out.     St.  1884,  203. 

Chapter  106.  — Of  Manufacturing  and  Other  Corporations. 

Corporations  created  under  this  chapter  may  issue  special  stock,  to  be 
held  by  their  employees  only.     St.  1886,  209. 

Manufacturing  corporations  may  support  free  beds  in  hospitals  for  use 
of  their  employees.     St.  1889,  258. 

Sects.  3,  4,  51.  Corporations  governed  by  these  sections  may  change 
their  business  under  section  51.     St.  1885,  310. 

Sect.  6  et  seg.  Corporations  to  examine  and  guarantee  titles  of  real 
estate  are  authorized  and  regulated.  St.  1884,  180  ;  1887,  214,  §§  62,  63. 
And  for  the  cremation  of  the  dead.  St.  1885,  265.  (See  1886,  101,  §  4  ; 
1888,  306,  §  2.) 

Sect.  1 1  extended  to  hydrostatic  and  pneumatic  pressure  for  mechanical 
power.     St.  1891,  189;  1893,  397. 

Sects.  11,  52,  75  extended  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.  13  extended  to  include  buildings  for  manufacturing  and  mechanical 
purposes.     St.  1888,  116. 

Sect.  17.  Method  established  for  change  of  name  of  corporations,  sub- 
ject to  provisions  of  chapters  82,  106-119,  and  acts  amendatory  thereof . 
St.  1891,  360;   1892,  198,  201. 

Sect.  27.  Clause  as  to  proxy  or  attorney  casting  more  than  fifty  votes 
is  repealed.     St.  1888,  188.     (See  1889,  222.) 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.     St.  1887,  385.     (See  1885,  240.) 

Sects.  54,  55,  59,  81,  82,  84.  All  corporations,  with  certain  exceptions, 
are  subject  to  these  sections  and  must  make  the  certificates  and  returns 
therein  required.     St.  1887,  225. 

Any  stockholder  may  require  a  list  of  stockholders  to  be  filed.  St.  1889, 
222,  §  3. 

The  certificates  are  deemed  to  be  recorded  by  the  act  of  filing.  They 
are  to  be  preserved  in  book  form.     St.  1890,  199. 


1612  Changes  in  the  [Chap.  io6. 

Sects.  62-71  apply  to  mortgage  loan  and  investment,  and  safe  deposit, 
loan  and  trust  companies.     St.  1888,  387,  §  11,  413,  §  14. 

Sect.  75  et  seq.  A  board  of  gas  and  electric  light  commissioners  is 
established,  and  the  business  of  the  companies  is  regulated.  St.  1885, 
240,  314  ;  1886,  250,  346  ;  1887,  382,  385  ;  1888,  350,  428  ;  1889,  169  ; 
1890,  252;   1891,  351,  370;   1892,  67,  259,  263,  274;   1893,  454. 

Chapter  107.  —  Of  Swine  Slaughtering  Associations. 

Sect.  2  is  amended.     St.  1886,  101,  §  4. 

Chapter  109.  —  Of  Companies  for  the  Transmission  of  Intelligence 

by  Electricity. 

This  chapter,  except  sections  16  and  18,  applies  to  lines  for  electric  light. 
St.  1883,  221. 

The  erection  and  use  of  wires  for  telegraph,  telephone  and  electric  light- 
ing are  regulated.  St.  1883,  221  ;  1884,  302,  306  ;  1885,  267,  380  ;  1887, 
382,  385  ;  1889.  398,  434  ;  1890,  404  ;  1892,  274.  (See  1891,  370  ;  1893, 
274.) 

Sect.  4  amended.  Abutters  may  have  damages  for  erection  or  altera- 
tion of  telegraph,  telephone  and  electric  light  and  power  lines  along  high- 
ways.    St.  1884,  306.     (See  1884,  302.) 

Sect.   7.     At  least  half  must  be  paid  in  in  cash.     St.  1893,  274. 

Sect.  10.  Telephone  companies  must  furnish  service  without  discrimi- 
nation.    St.  1885,  267. 

Telegraph  companies  are  made  liable  to  amount  of  $100  for  damages 
caused  by  negligence  in  transmitting  messages.     St.  1885,  380. 

Sects..  12,  15.  AVires  may  not  be  put  on  another's  property  without  his 
consent.     St.  1884,  302.     (See  1884,  306.) 

Electric  light  or  power  companies  are  authorized  to  mortgage  property 
to  secure  bonds.     St.  1890,  371, 

Chapter  112.  — Of  Railroad  Corporations  and  Railroads. 

The  operation  of  railroads  by  electricity  is  authorized.  St.  1892, 
110. 

Railroad  corporations  are  required  to  issue  mileage  tickets  which  sliall 
be  accepted  on  all  railroad  lines  in  the  State.     St.  1892,  389. 

The  issuiug  of  tickets  free  or  at  less  than  usual  rates  to  members  of  the 
legislature,  the  executive,  the  judiciary  and  certain  others  is  forbidden.  St. 
1892,  59. 

Railroad  companies  may  join  relief  societies  of  employees.  St.  1886, 
125.      (See  1882,  244;  1887,  270,  §  6;  1890,  181.) 

The  Meigs  system  of  elevated  railways  may  be  used  on  certain  condi- 
tions.    St.  1890,  368. 

Provision  for  compensation  for  joint  occupancy  of  stations  and  grounds. 
St.  1893,  142. 

Sects.  10-12.  Salaries  fixed:  Clerk;  St.  1885,  119.  Accountant; 
1885,  164.  Salaries  are  to  be  paid  monthly.  St.  1885,  224.  Allowance 
made  for  books,  maps  and  incidentals.     St.  1890,  200. 


Chai'.  112.]  Public  Statutes.  161.^ 

Sect.  14.     Powers  of  the  commissioners  increased.     St.   1882,  2G5,  §  1; 

1883,  117;  lS8o,  110,  334;  1886,  120;  1888,  240;   1890,  382;   1891,  129,. 
204;  1892, 171,  228. 

Sects.  21,  26.  Returns  and  statements  regulated.  St.  1889,  328; 
1893,  131.      (See  1889,  241.) 

Sect.  34.  The  commissioners  must  certify  that  public  convenience  and 
necessity  require  the  construction,  before  organization  of  a  railroad  com- 
pany under  the  general  law.     St.  1882,  265,  §  1. 

Sect.  38  et  seq.  No  steam  railroad  may  be  located  within  three  miles 
of  the  State  house  except  on  certain  conditions.     St.  1882,  265,  §  4.     (See 

1884,  279.) 

Railroad  corporations -may  change  their  locations  to  improve  the  align- 
ment of  their  roads.     St.  1887,  430.     (See  1882,  149  ;  1884,  134.) 

Sect.  44.  The  proceedings  are  void  unless  certificate  of  incorporation 
is  issued  within  one  year  from  the  time  when  the  route  is  fixed.  St.  1882, 
265,  §  2, 

Sect.  54.  Clause  prohibitins;  the  casting  of  more  than  fifty  votes  by  a 
proxy  or  attorney  is  repealed.   "St.  1888,  188.      (See  1889,  222.) 

Sect.  56.     Delivery  of  written  transfer  sufficient.     St.  1884,  229. 

Sects.  58,  59  are  repealed.  Increase  of  capital  stock  i-egulated.  St. 
1893,  315.     (See  1886,  337,  §  3.) 

Sect.62.    The  bonds  may  run  fifty  years.    St.  1887,  191.     (Seel883,7.) 

Sects.  62-73.  A  purchaser  under  a  vtilid  foreclosure  and  his  grantees 
and  successors  have  the  same  powers  and  duties  as  the  original  corpora- 
tion.    St.  1886,  142. 

Sects.  63-70.  Street  railway  companies  may  issue  bonds,  and  these 
sections  shall  apply.     St.  1889,  316  ;  1892,  192. 

Sect.  81  et  seq.  Returns  and  statements  regulated.  St.  1889,  328  ; 
1893,  131.      (See  1889,  241.) 

Sect.  82  is  applied  to  street  railway  companies.     St.  1892,  254. 

Sect.  89.  Time  of  notice  to  and  filing  of  location  by  railroad  corpora- 
tions under  St.  1878,  135,  §  1,  is  changed.     St.  1882,  149. 

Sect.  91  is  revised.  Land  may  be  taken  outside  of  the  location  for  one 
or  more  tracks,  subject  in  some  cases  to  certain  conditions.  St.  1884,  134. 
(See  1882,  149;  1887,  430.) 

Sect.  115.  The  power  to  exempt  from  the  duty  to  fence  is  transferred 
to  the  railroad  commissioners.  Proceedings  to  revoke  exemptions  regu- 
lated.    St.  1882,  162. 

Sect.  Ill  et  seq.  No  right  of  way  across  any  railroad  track  or  location 
in  use  for  railroad  purposes  shall  be  acquired  by  prescription.    St.  1892,  275. 

Sects.  117-138.  Wood  which  obstructs  view  at  crossings  may  be  cut. 
St.  1889,  371.     These  sections  are  not  affected  by  St.  1891,  170.  ' 

Provision  is  made  for  the  abolition  of  grade  crossings.  St.  1885,  194^ 
1887,295;  1890,  428;  1891,  33,  123,  262;  1892,  312;  1893,  283,  424. 
(See  1882,  135  ;  1891,  170,  §  5  ;   1892,  178,  228.) 

Railroad  companies  must  maintain  crossings  to  give  access  to  lands  cut 
off  by  their  road-beds.     St.  1892,  171. 

Sects.  127,  169.  The  commissioners  may  forbid  or  regulate  the  occu- 
pation of  street  crossings.     St.  1885, 110  ;  1890,  382  ;  1892,  228. 


1614  Changes  ix  the  [Chap.  112. 

Sects.  128,  148,  160,  Provision  is  made  for  examination  of  railroad 
•bridges.     St.  1887,  334. 

Sects.  129-132  amended.  St.  1885,  194;  1887,  295.  (See  1882, 
135.) 

Sects.  129-134.  P.  S.,  cb.  51,  applies  to  alterations  of  ways  at  rail- 
road crossings.     St.  1884,  280. 

Sect.  138.  Appeal  provided  from  decision  of  the  county  commissioners. 
St.  1882,  135.      (See  1885,  194,  §  6  ;  1890,  428,  §  12  ;  18*92,  171.) 

Sect.  139.  Clause  forbidding  branches  within  eight  miles  of  the  State 
house  is  stricken  out.     St.  1884,  279.     (See  1882,  265,  §  4.) 

Sect.  148.  Railroad  drawbridges  over  Charles  river  regulated.  St. 
1889,  246  ;  1890,  118.     (See  1887,  334.) 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  120. 

Sect.  160.     See  St.  1887,  334. 

Sect.  161.  Provision  made  for  interlocking  or  automatic  signals  at 
railroad  crossings.     St.  1885,  85. 

Sect.  163  et  seq.  The  commissioners  may  forbid  or  regulate  locomotive 
whistles  at  highway  crossings.  St.  1885,  334.  (See  1890,  173.)  And 
may  recommend  changes  in  making  up  freight  trains  and  sounding  whistles. 
St.  1891,  204.     (See  1891,  129.) 

At  least  three  separate  and  distinct  blasts  of  the  whistle  are  required  at 
crossings.     St.  1890,  173. 

Sects.  164-166.  The  railroad  commissioners  may  require  gates,  flags 
or  electric  signals  at  highway  crossings.  St.  1883,  117  ;  1888,  240.  And 
signals  at  crossings  above  grade.     St.  1891,  129.     (See  1892,  228.) 

Sect.  170.     Locomotive  boilers  must  be  tested.     St.  1882,  73. 

Safety  coujjlers  are  required  on  freight  cars,  and  they  must  be  examined 
and  tested  every  two  years.     St.  1884,  222  ;   1886,  242. 

Sect.  171.  Additional  tools  and  safeguards  against  fire  required.  St. 
1882,  54.      (See  1887,  362  ;  1891,  249.) 

Sect.  172.  The  heating  of  passenger  cars  is  regulated.  St.  1887,  362  ; 
1891,  249. 

Sect.  179,  The  requirement  of  an  examination  for  color  blindness  every 
two  years  is  repealed.     St.  1883,  125. 

Sect.  180.  Interchangeable  mileage  tickets  are  required.  St.  1892,  389. 
Extra  fare  paid  on  trains  regulated.     St.  1883,  32. 

Sects.  181-183.  Railroad  corporations  shall  not  require  women  or 
children  to  ride  in  smoking  cars.     St.  1888,  176. 

Sect.  188.  Unreasonable  preferences  in  freight  charges  are  forbidden. 
St.  1882,  225.     (See  1882,  94.) 

Sects.  192-194  are  revised.     St.  1893,  210. 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  on  railroad 
tracks  is  increased.     St.  1890,  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools,  etc., 
required  to  be  carried  on  passenger  trains  is  made  an  offence.  St.  1882, 
54,  §  2. 

Sect.  207.     Word  "electric"  stricken  out.     St.  1884,  5. 

Sect.  212.     Employees  are  included  under  this  section.     St.  1883,  243. 


Chap.    112.]  PUBLIC   STATUTES.  1615 

They  may  sue  for  damages.  St.  1887,  270;  1888,  155;  1892,  260;. 
1893,  359. 

An  action  of  tort  may  be  brought  against  street  railway  corporations  for 
loss  of  life.     St.  1886,  140. 

Sect.  216.     See  St.  1893,  142. 

Sects.  223,  224.  When  their  consent  is  required  the  commissioners  may 
regulate  tracks  at  crossings  by  a  railway  for  private  use.  St.  1890,  382. 

'       Chapter  113.  —  Of  Street  Railway  Conipanies. 

Provision  for  rapid  transit  in  Boston  and  vicinity.     St.  1893,  481. 

This  chapter  applies  to  companies  using  the  cable  system.  St.  1886^ 
337,  §  4. 

Liability  for  injuries  regulated.  St.  1886,  140  ;  1887,  270  ;  1888,  155  ; 
1892,  260. 

Hours  of  labor  regulated  for  certain  employees.     St.  1893,  386. 

Street  railway  compauies  may  issue  mortgage  bonds  in  certain  cases  and 
Pub.  St.  ch.  112,  §§  63-70,  apply.     St.  1889,  316;   1892,  192. 

They  may  join  relief  societies  of  employees.  St.  1890,  181.  (See  1882, 
244;  1886,  125;  1887,  270,  §  6.) 

Sect.  12,  Clause  as  to  proxy,  etc.,  casting  more  than  fifty  votes  re- 
pealed.    St.  1889,  210.      (See  1888,  188;   1889,  222.) 

Sects.  1.3-18.  Further  provisions  made  as  to  increase  and  reduction  of 
capital  stock.     St.  1886,  337,  §  3  ;   1887,  366  ;  1890,  326  ;  1893,  315. 

May  increase  stock  to  adopt  cable  system.     St.  1886,  337. 

Sect.  15.     See  St.  1887,  366. 

Sect.  16  repealed.     St.  1893,  315, 

Sect.  19  e^  seq.  The  Meigs  system  may  be  used  on  certain  conditions. 
St.  1890,  368. 

Sect.  27  et  seq.  Children  under  ten  shall  not  be  permitted  to  enter  cars 
to  sell  newspapers,  etc.     St.  1889,  229. 

St.  1890,  364,  requiring  fenders  was  repealed  by  St.  1891,  366, 

Sect.  39,  Cable  system  may  be  used.  St.  1886,  337.  (See  1887,  413, 
§4;  1888,278.)  Electric  system  authorized  in  Boston,  St.  1887,  413,. 
§  4;  1890,  454,  §  12. 

Sects.  40,  41.  The  railroad  commissioners  may  regulate  crossings  by 
steam  railroads.     St.  1885,  110;  1892,  228.     (See  1890,  382.) 

Sect.  43.  Railroad  commissioners  may  require  additional  accommoda- 
tions for  the  travelling  public.     St.  1891,  216. 

Sect.  46,     See  1887,  413  ;  1890,  454, 

Sect,  48  et  seq.  One  company  may  not  use  tracks  of  another  company 
unless  authorized  by  the  railroad  commissioners,  St.  1888,  278.  (See 
1886,  337,  §  2;   1887,  413.) 

Sect.  58.  Companies  are  required  to  contribute  to  expense  of  printing 
and  binding  their  annual  returns,     St.  1892,  254. 

Sect.  63,     Superior  court  given  concurrent  jurisdiction,     St,  1891,  293. 

Chapter  114,  —  Of  Agricultural  and.  Horticultural  Societies. 

Corporations  organized  under  this  chapter  may  be  authorized  to  improve 
public  grounds,     St.  1885,  157. 


IGIG  ChAJS^GES   in   the  [Chap.   114. 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189. 

"  Arbor  day"  established.     Res   1886,32. 

Sect.  1.     The  restriction  is  modified.     St.  1890,  297. 

An  agricultural  societ}"  receiving  a  bounty  can  sell  or  mortgage  its  real 
estate  only  on  certain  conditions.     St.  1890,  274. 

Sect.  2.  Time  of  filing  certificate  changed.  The  board  may  require 
other  returns.     St.  1891,  124. 

Sect.  20  et  seq.  Entering  or  driving  a  horse  that  is  disguised  or  differ- 
ent from  the  one  purported  to  be  entered,  etc.,  to  compete  for  a  purse  or 
premium  is  punishable.     St.  1892,  167. 

Provision  made  for  assignment  of  police  officers  at  exhibitions.  St. 
1892,  180. 

Registration  of  pedigrees  of  horses  used  for  breeding  purposes  provided 
for.     St.  1890,  334.     (See  1887,  143.) 

Chapter  115.  —  Of  Associations  for  Charitable,  Educational  and  Other 

Purposes. 

Provision  made  for  incorporation  of  labor  and  trade  organizations.  St. 
1888,  134.      (See  1892,  330.) 

And  for  formation  of  relief  societies  of  railroad,  steamboat  and  street 
railway  employees,  in  which  the  companies  may  join.  Their  funds  are  not 
attachable.     St.  1882,  244;  1886,  125;   1890,  181.     (See  1887,  270,  §  6.) 

The  consolidation  of  masonic  mutual  relief  associations  is  authorized. 
St.  1887,  140. 

The  incorporation  of  clubs  is  regulated.  St.  1890,  439  ;  1893,  226. 
(See  1887,  206.) 

No  corporation  organized  for  medical  purposes  under  this  chapter  shall 
confer  degrees.     St.  1883,  268.     (See  1893,  355.) 

The  provisions  of  this  chapter  apply  to  churches  incorporated  under  St. 

1887,  404. 

Sect.  3.  Increase  of  stock  and  par  value  of  shares  regulated.  St.  1888, 
177;  1890,  191.     (See  1888,  429.) 

Sects.  3-5.  Corporations  may  be  formed  for  life  and  casualty  insurance 
on  the  assessment  plan.     St.  1885,  183,  §  2.     (See  1887,  214,  §§  2,  3  ; 

1888,  429.) 

Sects.  8-12  repealed,  and  law  as  to  fraternal  beneficiary  organizations 
revised.  St.  1888,  429  ;  1890,  341,  400  ;  1891,  163  ;  1892,  40,  435  ;  1893, 
47,321.  (See  1882,  195;  1885,  183;  18.S7,  140,  214;  1890,  421;  1891, 
233,  360;  1892,  201.) 

Endowment  business  terminated.     St.  1893,  418. 

Chapter  116.  — Of  Savings  Banks  and  Institutions  for  Savings. 

Custody  of  books  and  papers  of  insolvent  institutions  provided  for.     St. 

1882,  77;  1884,  72;  1883,  258,  §  2. 

Sects.  1,  2.  The  board  increased  and  salaries  fixed.  St.  1889,  321. 
(See  1886,  252.) 

Salaries  of  clerks  fixed.  St.  1889,  77 ;  1892,  248.  (See  1882,  148  ; 
1886,  252.) 


€HAr.  116.]  Public  Statutes.  1G17 

Sect.  3.  Provision  made  for  simultaneous  examinations  when  a  savings 
bank  and  a  national  bank  are  connected.     St.  1888,  51. 

Duties  of  commissioners  extended.     St.  1888,  51,  170  ;  1891,  403. 

Sect.  11  et  seq.  Carrying  on  business  under  the  name  of  a  savings 
bank,  and  advertising,  soliciting  and  receiving  deposits  as  such,  are  re- 
stricted under  penaltv.     St.  18«'J,  452  ;   1893,  230. 

The  place  of  business  is  regulated.  St.  1884,  253;  1889,  91.  Pro- 
vision for  repavment  of  tax  on  real  estate  used  for  banking  purposes,  St, 
1890,  406  ;  1891,  171.     (See  St.  1893,  174.) 

Sects,  13,  21,  23,  Names  of  board  of  investment  must  be  published 
twice  a  year.     St,  1882,  50, 

Sects",  14  aud  15  are  revised  and  extended,  St,  1886,  93  ;  1889,  180  ; 
1893,  254. 

Sect.  16.  Notice  of  meeting  must  be  both  published  and  mailed.  St. 
1884,  150. 

Sect.  17  amended.     St.  1888,  120. 

Sects.  17,  18.  Provision  for  forfeiture  of  membership  for  failure  to 
attend  meetings  and  perform  duties.     St,  1888,  96,  120  ;   1890,  222, 

Sect.  18  amended,     St,  1888.  96, 

Sect,  19,  Limitations  of  amount  to  be  deposited  and  draw  interest  do 
not  apply  to  deposits  b}'  order  of  a  probate  court  under  ch,  144,  §  16,  St. 
1889,  86,  449,      (See  1885,  376  ;  1889,  185  ;  1890,  408  ;  1893,  379,) 

Savings  banks  must  J^early  make  an  accurate  trial  balance  of  depositors' 
ledgers,     St,  1889,  88, 

Sect,  20.  The  limit  of  authorized  investments  is  extended,  St,  1883, 
134;  1885,  111,348;  1886.  69,  176;  1887,  113,  196;  1888,  53,  90,  213, 
250,  §  2,  301,  §  6  ;  1889,  305  ;  1890,  168,  298,  369,  394.     (See  1882,  231  ; 

1883,  124,  127;  1884,  168;   1887,423.) 

CI.  2.     "  Net  indebtedness"  is  defined.     St.  1883-,  127. 
CI.  3  is  revised  and  extended.     St.  1887,  196  ;  1888,  51,  213  ;  1889,  305. 
CI.  4  is  revised,     St,  1890,  168,     (See  1882,  224  ;  1883,  202  ;  1886,  95,) 
CI.  6,     The  amount  to  be  loaned  on  personal  securit}'  and  time  of  loan 
are  limited.     St.  1884,  168  ;  1886,  69.     (See  1884,  56.) 

CI.  7.     "  Five"  substituted  for  "  ten  "  per  cent.     St.  1893,  174.     (See 

1884,  253;  1889,  91.) 

CI.  8.  Time  for  sale  of  real  estate  held  by  foreclosure  extended.  St. 
1882,  200  ;  1883,  52,  248  ;  1886,  77. 

Sect,  21.     President  and  treasurer  added.     St.  1889,  161. 

Sect.  27.  Payment  of  extra  dividends  made  permissive  instead  of 
obligatory.     St,  1888,  355. 

Sect.  29.  Provision  for  payment  of  orders  after  death  of  depositor. 
St,  1885,  210,  §  2. 

Sect,  34,  Deposit  books  must  be  verified  ever}'  third  year.  St,  1888, 
40.  An  accurate  trial  balance  of  depositors'  ledgers  must  be  made  yearly. 
St.  1889,  88. 

Sects.  40,  41.  A  return  must  be  made  to  commissioners,  and  published, 
of  all  deposits  unclaimed  for  twenty  years.     St.  1887,  319. 

The  form  and  manner  of  verification  of  the  reports  are  changed.  St. 
1888,  127;  1890,  44. 


1618  Changes  in  the  [Chap.  ii6. 

Sect.  44  is  repealed,  and  new  provision  made  for  payment  of  unclaimed 
dividends.     St.  1883,  258  ;  1886,  300.     (See  1882,  77  ;  1890,  330.) 

Chapter  117.  — Of  Co-operative  Savings  Fund  and.  Loan  Associations. 

The  title  of  this  chapter  and  name  of  associations  changed  to  "Co- 
operative Banks."     St.  1883,  98. 

The  business  of  co-operative  banking  is  regulated.  St.  1882,  251  ;  1883, 
98  ;  1885,  121  ;  1887,  216  ;  1889,  159,  452  ;  1890,  63,  243,  310  ;  1891, 403. 

The  business  may  not  be  carried  on  here  in  name  of  a  co-operative  bank 
unless  incorporated  here.     St.  1889,  452.     (See  1890,  310  ;  1891,  403.) 

The  capital  stock,  corporate  franchise  and  personal  estate  of  co-operative 
banks  are  exempted  from  taxation.     St.  1890,  63. 

Sect.  1.  The  consent  of  the  savings  bank  commissioners  is  required 
for  the  formation  of  co-operative  banks.     St.  1890,  243. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
121,  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
216,  §  1. 

Sect.  6.     One  person  may  be  secretary  and  treasurer.     St.  1885,  121,  §  1. 

Sect.  8.  The  mode  of  retiring  shares  is  determined  and  their  value. 
St.  1887,  216,  §  2. 

Sect.  9.  Before  payment  of  matured  shares,  arrears  and  fines  are  to 
be  deducted.  St.  1882,  251,  §  1.  Interest  is  allowed  for  all  full  months 
from  last  adjustment.     St.  1887,  216,  §  5. 

Sect.  10.  Interest  may  be  bid  instead  of  a  premium.  St.  1882,  251, 
§2. 

Directors  may  loan  money  on  shares  of  the  corporation.     St.  1890,  78. 

Sect.  13.  The  real  estate  must  be  in  the  Commonwealth.  St,  1889, 
159,  §  1. 

Sect.  14.     Provision  for  partial  payments.     St.  1887,  216,  §  4. 

Sect.  16  is  revised.     St.  1882,  251,  §  1  ;  1885,  121,  §  4. 

Sect.  18.     See  1885,  121,  §  2. 

Sect.  20.     See  1891,  403. 

Chapter  118.  — Of  Banks  and  Banking. 

Foreign  banking  corporations  doing  business  here  shall  indicate  on  their 
signs,  letter  heads,  etc.,  the  name  of  the  State  or  country  in  which  they  are 
chartered.     St.  1890,  329. 

The  incorporation  and  conduct  of  safe  deposit,  loan  and  trust  companies 
are  regulated.  St.  1887,  89  ;  1888,  413  ;  1889,  342,  452  ;  1890,  315,  329  ; 
1892,  327;   1893,  114. 

And  of  mortgage  loan  and  investment  companies.  St.  1888,  387  ;  1889, 
427,  452  ;  1890,  329  ;  1891,  233,  275  ;   1893,  303. 

A  commissioner  of  foreign  mortgage  corporations  is  established.  St. 
1889,427;  1891,275;  1893,303. 

Chapter  119.  — Of  Insurance  Companies  and  Insurance. 

This  chapter  is  repealed  and  the  insurance  laws  revised  and  codified. 
St.  1887,214,283;  1888,84,  141,   151,   154,   165,   199,  429;   1889,  356, 


Chap.   119.]  PuBLIC   STATUTES.  1619 

378,451;  1800,26,  197,30-4,  341,  400,  421;  1891,  163,  195,  233,  289, 
291,368:  1892,40,  47,  129,  372,  435;  1893,  54,  117,  224,  434.  (See 
1882,  195  ;  1883,  33,  107,  126,  235,  258;  1884,  55,  58,  119,  120,  177,  178, 
180,  217,  235,  296;  1885,  183,  241,  300,  308,  354;  1886,  187,  222,  300; 
1890,321,330.) 

Domestic  iusurauce  companies  ma}'  reinsure  in  foreign  companies  on  cer- 
tain conditions.  St.  1891,  368  ;  1892,47.  (See  1887,  214,  §  20;  1888, 
429,  §  10.) 

Title  insurance  companies   authorized  and  regulated.     St.    1884,   180 ; 

1887,  214,  §§  62-64.  They  mav  guarantee  titles  to  personal  property.  St. 
1889,  378. 

Accident  insurance  companies  may  insure  the  liability  of  employers  for 
injuries  received  by  employees.  St.  1889,  356.  And  life  insurance  com- 
panies may  insure  against  accidents.     St.  1891,  195.     (See  1887,  214,  §  80.) 

Disposal  of  certain  unclaimed  funds  of  insolvent  companies  regulated. 
St.  1890,  330.      (See  1883,  258  ;  1886,  300.) 

Sects.  2,  4.  Salaries  fixed :  Commissioners  ;  St.  1890,  247.  (See  1888, 
84.)     Clerics;  St.  1888,  84.      (See  1886,  187;  1887,  214,  §  5.) 

Sects.  21,  38,  167.  ^Moneys  to  be  paid  by  life  or  casualty  insurance 
companies  doing  business  on  the  assessment  plan  are  made  not  attachable. 
St.  1890,  421,  §  23.      (See  1885,  183,  §  11  ;   1887,  214,  §  73  ;  1892,  372.) 

Sect.    69.     Payment   of   dividends   regulated.     St.    1887,    214,    §    38; 

1891,  289. 

Sect.  139.     Selection  of  referees  under  standard  policy  regulated.     St. 

1888,  151;  1891,  291. 

Sect,  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  reo^u- 
lated.     St.  1890,  421  ;  1892,  435.     (See  1885,  183.) 

The  organization  and  business  of  fraternal  beneficiary  associations  are 
regulated.  St.  1888,  429  ;  1890,  341,  400  ;  1891,  163,  233  ;  1892,  40,  435  ; 
1893,47,321.  (See  1882,  195;  1885,  183;  1887,  140,  214;  1890,  421, 
§  1;  1891,  360;  1892,  201.) 

Endowment  business  terminated.     St.  1893,  418. 

Sects.  156,  215,  218.  Expense  of  care  and  custody  of  trust  deposits  is 
to  be  assessed  on  corporations,  etc.,  making  deposits.  St.  1891,  233,  §  2. 
(See  1883,  107;  1884,  119;  1887,  214,  §  94;  1888,  429,  §§  8,  9  ;  1890, 
341.) 

The  deposits  are  restricted.     St.  1893,  224. 

Sect.  167.     See  St.  1885,  183,  §  11 ;  1887,  214,  §  73  ;  1892,  372. 

Sect.  173  repealed.     St.  1883,  258.     (See  1886,  300.) 

Sect.  183  et  seq.  Provision  to  prevent  fraud  in  obtaining  insurance. 
St.  1885,  183,  §  12;  1887,  214,  §  90;  1888,  429,  §   16;   1890,  421,  §  24; 

1892,  372;   1893,  321. 

Sects.  196-202.  Admission  of  foreign  companies  regulated.  St.  1887, 
214,  §§  77-82,  91,  92;  1888,  429,  §§  11-13;  1889,  356;  1890,  304,  341; 
1891,  195;  1892,  40.     (See  1884,  120,  178;  1891,  368.) 

Chapter  120.  —Of  the  Alienation  of  Real  Estate. 

Sect.  1  et  seq.  The  recording  of  an  instrument  atfecting  title  is  made 
conclusive  evidence  of  delivery.     St.  1892,  256. 


1620  Changes  in  the  [Chap.  120. 

A  conveyance  otherwise  valid  shall  be  effectual  notwithstanding  disseizin 
or  adverse  possession.     St.  1891,  354. 

Sect.  4.  Office  copies  of  records  may  be  recorded  in  another  county  or 
district  where  part  of  the  land  lies.     St.  1889,  448. 

A  mortgage  is  declared  invalid  against  an  assignee  in  insolvency  in  cer- 
tain cases.     St.  1888,  393. 

Sect.  15.  Provision  for  construction  of  words  importing  a  want  or 
failure  of  issue.     St.  1888,  273. 

Chapter  122.  —  Of  Easements. 

No  right  of  way  across  a  railroad  location  in  use  for  railroad  purposes 
shall  be  acquired  by  prescription.     St.  1892,  275. 

Chapter  124.  —  Of  the  Rights  of  a  Husband  iu  the  Real  Estate  of  his 
Deceased  Wife,  and  the  Rights  of  a  Wife  in  that  of  her  Deceased 
Husband. 

Sect.  1.  Words  "if  his  wife  does  not  otherwise  provide  b}' will,"  in 
sixth  and  seventh  lines,  and  word  "  intestate,"  in  eio;hth  line,  stricken  out. 
St.  1885,  255;   1887,  290. 

Sect.    17.     The  claim   may   be  determined  iu  the  probate  court.     St. 

1889,  234. 

Chapter  125.  — Of  the  Descent  of  Real  Estate. 

Sect.  4.  If  the  mother  also  is  dead,  the  estate  descends  to  the  persons 
entitled  by  inheritance  through  her.     St.  1882,  132. 

Chapter  126.  — General  Provisions  concerning  Real  Estate. 

Conditions  or  restrictions  affecting  title  or  use  of  real  estate,  unlimited 
as  to  time,  shall  be  construed  as  limited  to  thirty  years,  except  in  certain 
cases.     St.  1887,  418. 

Provision  made  for  proceedings  to  determine  validit}',  nature  and  extent 
of   certain  conditions,  restrictions,  etc.,  on  real    estate.     St.   1889,  442; 

1890,  427.      (See  1882,  237  ;   1885,  283.) 

Construction  placed  on  words  importing  want  or  failure  of  issue.  St. 
1888,  273. 

Sects.  5,6.  A  conveyance  or  devise  to  a  husband  and  wife  creates  a 
tenancy  in  common  unless  otherwise  expressed.     St.  1885,  237. 

Sect.   13  extended  to  judgments  and  decrees.     St.  1892,  289. 

Chapter  127.  —  Of  Wills. 

Sect.  8.  Marriage  shall  act  as  a  revocation,  except  in  certain  cases. 
St.  1892,  118. 

Sect.  34  repealed  so  far  as  it  applies  to  probate  courts.     St.  1891,  415. 

Chapter  129.  — Of  the  Probate  of  Wills  and  the  Appointment  of 

Executors. 

The  probate  of  a  will  is  made  couckisive  in  certain  cases  after  two  years. 
St.  1889,  435. 


CiiAP.  129.]  Public  Statutes.  1621 

Sects.  1,  2.     Petitions  for  probate  must  be  sworn  to  by  petitioner.     St. 
1891,  414. 
Sect.  o.     See  St.  1893,  379,  as  to  Suffolk  county. 

Chapter  130.  — Of  the  Appointment  of  Administrators. 

Sect.  1.  Petitions  for  letters  testamentary  must  be  sworn  to  bv  peti- 
tioner.    St.  1891,  414. 

Sect.  2.  Provision  made  for  granting  administration  without  notice  in 
certain  cases.     St.  1885,  2(50.     And  to  any  suitable  person.     St.  1890,  2G5. 

A  decree  of  intestacy  is  made  conclusive  in  certain  cases  after  two  years. 
St.  .1889,  435. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  bond  without  sure- 
ties in  certain  cases.  Failure  to  give  a  new  bond  when  required  shall  be 
considered  a  resignation.     St.  1885,  274.     See  1893,  379. 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  years  after  the  person's  death.  St.  1889,  192. 
(See  1885,  242.) 

Sects.  10-17.  Special  administrator  may  be  allowed  to  pay  expenses 
of  executor  in  proving  the  will.     St.  1884,  291.     (See  1884,  131.) 

Chapter  131. —  Of  Public  Administrators. 

Sect.  18.  Time  for  presenting  claims  under  this  section  limited.  St. 
1883.  264. 

Chapter  132.  — General  Provisions  relative  to  Executors  and 
Administrators. 

Probate  courts  given  jurisdiction  in  equity  in  administration  of  estates 
of  deceased  persons.     Proceedings  regulated.     St.  1891,  415. 

Sects.  1-4.  Provisions  as  to  the  proof  of  notice  are  revised.  St.  1888, 
148,  380;  1889,  315.     (See  1888,  420.) 

Sects.  8,  13.  No  foreign  executor  or  administrator  shall  receive  his 
letter  until  the  appointment  of  resident  agent  is  properly  made.  St.  1893, 
118.     (See  1890,  420.) 

Chapter  134.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Executors 

and  Administrators. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale.  St. 
1886,  137. 

Real  estate  appraised  at  $1,500  or  less  may  be  sold  for  purposes  of  dis- 
tribution.    St.  1890,  266. 

Sect.  13.  Change  in  method  of  proof  of  notice.  St.  1888,  148,380; 
1889,  315.      (See  1888,  420.) 

Chapter  135.— Of  Allowances  to  "Widows  and  Children  and  of  the 
Distribution  of  the  Estates  of  Intestates. 

Provision  made  for  a  State  tax  of  five  per  cent,  on  collateral  legacies  and 
successions,  and  on  grants  to  take  effect  after  death  of  grantor  in  estates 
exceeding  810,000.     St.  1891,  425  ;   1892,  379  ;   1893,  432. 


1622  Changes  in  the  [Chap.  i35. 

Sect.  3,  cl.  3.  Husband  is  entitled  to  one-half  of  the  personal  estate. 
St.  1882,  141. 

Cl.  5.  If  intestate  leaves  a  widow  and  no  kindred,  the  widow  is  entitled 
to  the  whole  of  the  residue.     St.  1885,  276. 

Chapter  136.  —  Of  the  Payment  of  Debts,  Legacies  and  Distributive 

Shai'es. 

Provision  is  made  for  a  State  tax  on  certain  collateral  legacies  and  suc- 
cessions and  on  certain  grants,  to  take  effect  after  death  of  grantor.     St. 

1891,  425  ;  1892,  379  ;   1893,  432. 

Sect.  19  et  seq.  Where  a  legatee  is  a  minor  without  a  guardian,  court 
may  order  the  legacy  to  be  deposited  in  a  savings  bank  under  P.  S.,  ch. 
114,  §  16.     St.  1889,  185. 

Real  estate  appraised  at  $1,500  or  less  may  be  sold  for  distribution.  St. 
1890,  266. 

Chapter  139.  — Of  Guardianships. 

Sects.  1-3.  Certain  corporations  are  authorized  to  be  guardians  of 
minors.     St.  1885,  362;  1890,  117. 

Sects.  2-4.  The  probate  court  may  require  parents  to  contribute  to  sup- 
port of  their  minor  children  under  guardianship.     St.  1891,  358. 

Sect.  16  is  extended  to  married  women  who  are  minors.     St.  1890,  259. 

Sect.  29  et  seq.  Guardians  residing  out  of  the  State  must  appoint  an 
agent  here.  P.  S.,  132,  §§  11-13,  apply  to  them.  St.  1889,  462;  1893, 
118.     (See  1890,  420.) 

Chapter  140.  —  Of  Sales  and  Moi'tgages  of  Real  Estate  by  Guardians. 
Sect.  18  is  extended  to  any  interest  in  real  estate.     St.  1885,  258. 

Chapter  141.— Of  Trusts. 

Probate  courts  have  jurisdiction  in  equity  over  trusts  created  by  will. 
St.  1891,  415. 

Sects.  4-11.  Foreign  trustees  must  have  an  agent  here.  The  pro- 
visions of  P.  S.,  ch.  132,  §§  11-13,  apply.  St.  1889,  462;  1893,  118. 
(See  1890,  420.) 

Sect.  16  is  revised.  Trustee  may  be  exempted  from  furnishing  surety 
on  request  of  parties  interested.     St.  1891,  339. 

Sect.  23  is  extended  to  other  improvements.     St.  1889,  66. 

Sect.  27  is  extended  to  trusts  created  under  any  written  instrument.     St. 

1892,  116. 

Chapter  142.  — General  Provisions  relative  to  Sales,  Mortgages,  Re- 
leases, Compromises,  etc.,  by  Executors,  Administrators,  Guar- 
dians and  Trustees. 

A  foreign  guardian  or  trustee  must  have  an  agent  here.     P.  S.,  ch.  132, 
§§  11-13,  apply.     St.  1889,  462;   1893,  118.      (See  1890,  420.) 
Sect.  12.     See  St.  1893,  379. 
Sect.  14  is  extended  to  administrators  with  the  will  annexed.     Those 


CiiAi'.  112.]  Public  Statutes.  1623 

claiiuiug  as  legatees  or  devisees  whose  interests  are  affected  are  to  be  made 
parties.     St.  1889,  266. 

Si:cT.  23  is  extended.  Defective  acts  or  proceedings  may  be  ratified  or 
confirmed.     St.  1888,  420. 

Provision  in  case  of  failure  to  prove  notice  of  sale.  St.  1889,  315.  (See 
1888,  148.) 

Chapter  143.  — General  Provisions  relative  to  Bonds  of  Executors, 
Administrators,  Guardians  and  Trustees. 

Foreign  fidelity  insurance  companies  may  be  sureties,  and  companies  may 
l)e  organized  here  to  act  as  sureties.  St.  1887,  214,  §§  29,  61.  (See  1884, 
296;   1885,  241  ;  1886,  233.) 

See  St.  1893,  379. 

Sect.  23.     See  St.  1893,  396,  §  14. 

Chapter  144.  —  Of  the  Accounts  and  Settlements  of  Executors,  Admin- 
istrators, Guardians  and  Trustees. 

Sect.  8.  Money  paid  with  the  approval  of  the  judge  for  procuring 
suretv  on  the  bond  may  be  allowed.  St.  1886,  233.  (See  1887,  214,  §§ 
29,  61.) 

Bequests  to  executors  in  excess  of  a  reasonable  compensation  are  liable 
to  the  State  legacy  tax.     St.  1891,  425,  §  3. 

Sects.  13,  14  are  extended  to  executors  and  administrators.  St.  1889, 
466. 

Sect.  16.  Legacies  to  persons  whose  residence  is  unknown,  and  to 
minors  without  guardians,  may  be  deposited.  St.  1885,  376  ;  1889,  185. 
(See  1893,  379.) 

The  amount  which  may  be  deposited  and  draw  interest  is  not  limited. 
St.  1889,  86_,  449. 

Provision  is  made  for  final  distribution  of  deposits  by  the  probate  court 
in  certain  cases.     St.  1889,  449,  §  2  ;  1890,  408. 

Chapter  145.  —  Of  Marriage. 

Sect.  11  is  extended  to  residence  here  for  five  years  unless  libellant 
removed  here  for  the  purpose.     St.  1886,  36. 

Sects.  11,  15.  The  superior  court  has  exclusive  original  jurisdiction 
under  these  sections.     St.  1887,  332. 

Sects.  22,  27.  Licensed  Israelitish  rabbis  may  solemnize  marriages. 
St.  1893,  461. 

Sect.  24.  The  returns  shall  be  preserved  and  arranged  for  reference. 
St.  1887,  202,  §  3. 

Change  made  in  form  of  record  and  returns.     St.  1892,  300. 

Chapter  146.  — Of  Divorce. 

Provision  is  made  for  returns  of  statistics  of  divorce.     St.  1882,  194. 

The  superior  court  has  exclusive  original  jurisdiction  of  all  cases  of 
divorce  and  nullity  and  validity  of  marriages.     St.  1887,  332. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.     St.  1889,  447.     And  for  any 


1624  Changes  in  the  [Chap.  U6. 

legal  cause  notwithstanding  an  absence  which  would  raise  a  presumption 
of  death.     St.  1884,  219. 

Sect.  10.  When  adultery  is  charged  the  alleged  jyarticejjs  criminis  may 
contest.     St.  1890,  370. 

Sect.  19.  All  decrees  shall  become  absolute  after  six  months  unless 
court  has  otherwise  ordered.    St.  1893,  280.     (See  1882,  223  ;  1893,  194.) 

Sects.  42-44.  Procuring  a  fraudulent  divorce  ;  advertising,  by  one  not 
a  member  of  the  bar,  the  business  of  procuring  divorces ;  and  unlawfully 
issuing  certificates  of  divorce,  are  made  offences.  St.  1886,  342  ;  1887, 
320;   1891,  59. 

Chapter  147.  —  Of  Certain  Rights  and  Liabilities  of  Husband  and  Wife. 

A  wife  has  right  of  interment  in  anv  tomb  or  lot  which  her  husband 
owned  during  coverture.     St.  1883,  262^     (See  1885,  302  ;  1892,  165.) 

Sect.  1.  A  wife  cannot,  without  his  written  consent,  destroy  or  impair 
her  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue.  St. 
1889,  204.     (See  1884,  301  ;  1885,  255  ;   1887,  290.) 

Sect.  3  is  revised.  Nothing  contained  in  the  preceding  section  shall 
authorize  such  transfer.     St.  1884,  132. 

Sect.  6  extended  to  the  case  where  there  is  no  issue,  and  exception  is 
made  if  the  wife  is  living  apart  for  cause  approved  by  the  court.  St.  1885, 
255  ;  1887,  290.     (See  1884,  301.) 

Sect.  16  ei  seq.  Provision  is  made  for  release  of  the  courtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  245. 

Sect.  20.    The  notice  shall  be  such  as  the  court  may  order.    St.  1890, 105. 

Sects.  31-33,  36.  The  probate  court  has  exclusive  original  jurisdiction 
under  these  sections  and  tlie  appeal  is  to  the  superior  court.  St.  1887, 
332,  §§  2,  3.    (See  1882,  270  ;  1884,  210 ;  1885,  176  ;  1888,  290  ;  1893,  262.) 

Sect.  36.  Probate  courts  may  require  parents  to  contribute  to  support 
of  children  under  guardianship.     St.  1891,  358. 

Chapter  148.  —  Of  the  Adoption  of  Children  and  the  Change  of  Names. 

Adoption  of  pauper  and  illegitimate  children  regulated.  St.  1891,  194  ; 
1892,  318.      (See  1882,  270;  1889,  309,  416.) 

Sect.  3  is  amended.     St.  1886,  101,  §  4. 

Sects.  12-14.  A  list  of  names  changed,  ordered  published.  St.  1884, 
249;  1893,  191. 

Chapter  150.  —  Of  the  Supreme  Judicial  Court. 

Sect.  5.     See  St.  1892,  435. 

Exclusive  original  jurisdiction  is  given  to  the  superior  court  in  cases  of 
divorce  and  nullity  of  marriages.  St.  1887,  332,  §  1.  Of  capital  crimes. 
St.  1891,  379.  And  of  petitions  for  partition  and  writs  of  entry.  St. 
1892, 169. 

Appeals  on  petitions  under  sections  31-33  and  36  of  chapter  147  are  to 
superior  court.     St.  1887,  334,  §  3.      (See  1888,  290.) 

Sect.  7.  Questions  for  the  full  court  may  be  heard  in  any  county.  St. 
1892,  127. 


CiiAr.  150.]  Public  Statutes.  1625 

Skct.  14.  Further  provisious  iu  cases  of  frivolous  appeals  and  excep- 
tions.    St.  1883,  -223,  ij  1."). 

Sect.  16.  Wlien  appeal  or  exceptions  are  not  entered,  the  court  below 
may  atiirm  the  judumeut.     St.  1888,  94.     (See  1882,  239.) 

Sects.  18-20",  24^,  20-29  repealed.  St.  1891,  379.  (See  St.  1893,  394.) 
Sects.  21,  22,  23  and  25  are  repealed.     St.  1886.  339.      (See  1891,  379.) 

Sect.  30  et  seq.  Terms  are  abolished,  return  days  changed  and  practice 
further  regulated.  St.  1885,  384  ;  1886,  223  ;  1887,  383  ;  1890,  374  ;  1892, 
127,  169  ;   1893,  61.      (See  1883,  223  ;   1884,  316.) 

The  law  term  for  Worcester  is  changed.  St.  1885,  48.  And  for  Bristol, 
Dukes  and  Nantucket.     St.  1891,  287. 

Sect.  39.  Salaries  fixed  and  allowance  made  for  travelling  expenses. 
St.  1892,  104.      (See  1888,  274,  §  1  ;  1892,  59  ;  1893,  327.) 

Pensions  are  provided  for.  St.  1885,  162.  And  clerical  assistance.  St. 
1891,89.     (See  1893,  327.) 

Chapter  151.  —  Of  the  Supreme  Judicial  Court  Equity  Jurisdiction. 

The  equity  jurisdiction  is  extended.  St.  1884,  285;  1887,  380;  1891, 
383;  1892,  435. 

Sect.  2,  cl.  11.     See  St.  1884,  285;  1887,  214,  §  73. 

Sects.  5-7.  Practice  regulated  and  forms  established.  St.  1883,  223; 
1884,  316  ;   1885,  384  ;  1887,  383  ;  1893,  61.     (See  1892,  289,  440.) 

Sect.  23.     See  St.  1885,  384,  §  3  ;  1886,  223  ;  1892,  127. 

Sect.  27.     See  St.  1883,  223,  §  16. 

Chapter  152. — Of  the  Superior  Court. 

Sect.   1.     The  number  of  justices  is  increased.     St.   1892,  271.      (See 

1886,  31  ;   1888,  58.) 

Sect.  2.  Provision  for  sessions  by  three  justices  iu  capital  cases.  St. 
1891,  379.     And  without  a  jury  in  certain  actions  at  law.     St.  1891,  227. 

Sects.  3-6.  Jurisdiction  is  given  in  equity  and  practice  regulated.  St. 
1883,223;  1884,304,316;  1885,384;  1887,  332,  380,  383;  1890,  154, 
874;  1891,227,362,  383;  1892,  435,  440;   1893,   81.      (See   1882,  239; 

1887,  246;  1890,  398.) 

Separate  equity  docket  required  in  Middlesex  and  Suffolk.  St.  1892, 
440. 

Exclusive  original  jurisdiction  given  in  causes  of  divorce  aud  nullity  of 
marriage.  St.  1887,  332,  §  1.  And  of  capital  crimes.  St.  1891,379. 
(See  St.  1893,  324,  365,  394.)  And  of  petitions  for  partition  and  writs  of 
entry.     St.  1892,  109. 

Jurisdiction  is  given  of   certain  appeals  from  the  probate  courts.     St. 

1887,  332,  §  3.     (See  1888,  290.)     And  of  claims  against  the  Common- 
wealth.    St.  1887,  246. 

Sects.  7,  8.  The  right  to  remove  actions  and  petitions  for  partition 
under  these  sections  is  taken  away.  St.  1892,  169.  (See  1885,  384, 
§  14.) 

Sect.  11  repealed.     St.  1892,  105. 

Sect.  17.     Changes  in  sessions:   Barnstable;  St.  1891,  175.     Bristol; 

1888,  314;  1891,  287,  §  2.     Dukes;  1889,  308.     Essex;  1885,  191  ;  1889, 


1626  Changes  jn  the  [Chap.  152. 

461.  Franklin;  1889,  327.  Hampden  ;  1885,  27.  Middlesex ;  1892,  391. 
Norfolk;  1889,  287. 

Sect.  18.  Changes  in  adjourned  sessions:  Essex;  St.  1889,  461. 
Plymouth;  1885,  134. 

Terras  are  abolished  and  return  days  changed.     St.  1885,  384. 

Petitions  for  damages  for  land  taken  by  any  town  in  Nantucket  or  Dukes 
may  be  brought  in  Bristol.     St.  1887.  50.     (See  1885,  384,  §  1.) 

Sect.  24  is  repealed.     St.  1887,  183. 

Sect.  28.     Provision  made  for  pensions.     St.  1887,  420. 

Salaries  are  fixed  and  allowance  made  for  travelling  expenses.  St.  1892, 
S28.      (See  1882,  205  ;  1888,  274  ;  1892.  59.) 

Chapter  153.  —  Of  Matters  Common  to  the  Supreme  Judicial  Court  and 

the  Superior  Court. 

Sect.  3.     See  St.  1886,  224. 

Sect.  4.  Provision  made  for  agreements  to  postpone,  etc.,  cases  on  the 
trial  lists.     St.  1884,  304;   1890.  154.      (See  1889,  459  ;  1890,  451.) 

Sects.  6-8.     See  St.  1891,  227. 

Sects.  10,  13.  Provisions  for  proving  exceptions  when  the  disability  or 
death  of  the  justice  prevents  his  signing  them.     St.  1882,  239. 

Sect.  12  extended  to  criminal  cases.     St.  1891,  362. 

Sect.  15.  Clerks  shall  furnish  to  the  attorney-general  printed  copies  of 
exceptions  and  reports  in  cases  in  which  the  Commonwealth  is  interested. 
St.  1890,  374. 

Sect.  23.  The  original  vouchers  or  bills  must  be  delivered  with  the 
orders.     St.  1890,  206.     (See  1890,  204.) 

Chapter  154.  —  Of  the  Police,  District  and  Municipal  Courts. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consolidated. 
St.  1893,  396.  (See  1882,  95  ;  1884,  188  ;  1885,  45,  132,  149,  322  ;  1887, 
293;  1888,  180,  285,  352.  415;  1890,  359,  440.  §  10;  1892,  148,  268; 
1893,  385.) 

Payment  of  interpreters  and  of  witnesses  from  without  the  Common- 
wealth allowed  in  criminal  cases.     St.  1893,  385. 

Sect.  1.  Police  and  district  courts  are  established,  as  follows  :  First  and 
second,  of  Barnstable  ;  St.  1890,  177.  Brockton:  St.  1885,  155.  Brook- 
line  ;  St.  1882,  233.  East  Boston,  district :  St.  1886,  15.  Second,  Essex ; 
St.  1888,  193.  A\^estern  Hampden  ;  St.  1886,  190.  Hampshire  :  St.  1882, 
227.  Marlborough  ;  St.  1882,  233.  Third  and  fourth,  eastern  Middlesex  ; 
St.  1882,  233.  Southern  Norfolk  ;  St.  1891,  273.  First,  northern  Worces- 
ter ;  St.  1884,  215. 

Sect.  2.  Courts  abolished:  East  Boston,  municipal;  St.  1886,  15. 
Cambridge,  police;  St.  1882,  233.     First,  Plymouth;  St.  1885,  155. 

Judicial  districts  changed:  Brockton;  St.  1887,  322.  East  Boston; 
1882,  146.  (See  1886,  15.)  Gloucester;  1888,  249.  First,  eastern  Mid- 
dlesex; 1888,  59.  Fourth,  eastern  Middlesex;  1888,  59;  1889,  312. 
First,  southern  Middlesex;  1882,  169. 

Sects.  4,  25.     See  St.  1882,  43  ;   1885,  132  ;  1893,  396,  §  63. 

Sects.  5,6.     Clerks  given :  Southern  Berkshire;  St,   1886,333.     (See 


Chap.   154.]  PcBLIC    STATUTES.  1627 

1884,231.)  Hrookiine;  1888,  60.  Chelsea;  1882,  176.  Chicopee  ;  1891, 
78.  Hampshire;  1883,  80.  Lowell  (assistant);  1889,  152.  Second, 
eastern  Middlesex  ;  1883,  97. 

Clerical  assistance  allowed:  Bristol;  St.  1892,  62.  Lowell;  St.  1888, 
246  ;  1889,  152.  First,  eastern  Middlesex ;  St.  1889,  317.  Third,  eastern 
Middlesex  ;  1893,  370. 

Clerks  and  justices  of  courts  having  no  clerks  must  deposit  public  mone3's 
beyond  what  is  required  for  immediate  use.  St.  1890,  215.  (See 
1890,  204.) 

Sect.  8      See  St.  1888,  352  ;  1893,  396,  §  67. 

Sect.  11.  See  St.  1885,  149,322;  1887,  293;  1892,  188,  §  5:  1893, 
172,  §  4;   1893,  396,  §§34-43. 

Jurisdiction  given  in  naturalization  proceedings.  St.  1885,  345;  1886, 
45,  203  ;  1891,  180,  419  ;  1892,  348. 

Sects.  11-22.     See  St.  1893,  396,  §§  12,  34-43. 

Sect.  23.  Sessions  changed:  Northern  Berkshire;  St.  1884,  266. 
Hampshire  ;  St.  1883,  75  ;  1889,  122.  (See  1882,  227  ;  1883,  80.)  First, 
eastern  Middlesex;  St.  1893,  350.     Northern  Worcester;  1888,  212. 

Sects.  23,  25.     See  St.  1884,  188  ;   1893,  396,  §  56. 

Sect.  24  extended.  Certification  and  audit  of  expenses  regulated.  St. 
1890,  440,  §  11  ;  1891,  70.      (See  1893,  396,  §  9.) 

Sect.  25.     See  St.  1892,  268  ;  1893,  396,  §  55. 

Sect.  2Q.  Travelling  expenses  allowed  to  special  justice  in  Hampshire. 
St.  1884,  205.      (See  1885,  40.) 

Sect.  27  et  seq.  See  St.  1886,  13;  1888,  285,  415;  1890,  359;  1893, 
396,  §§  46,  59,  64. 

Sect,  30.  Fac  simile  of  clerk's  signature  may  be  used  on  certain  pro- 
cesses.    St.  1886,  13.      (See  1885,  321  ;   1893,  396,  §  64.) 

Sects.  34,  35.  A  controller  of  accounts  is  provided  for,  and  method 
of  accounting  regulated.  St.  1887,  438  ;  1888,  275  ;  1890,  204,  216,  440  ; 
1893,  270.      (See  1886,  169.) 

Funds,  beyond  what  are  required  for  immediate  use,  must  be  deposited. 
St.  1890,  215. 

Apportionment  of  fines  to  informers  in  certain  cases.  St.  1891,  416. 
(See  1890,  440.  §  5.) 

Sect.  36.  Payment  of  witness  fees  regulated.  St.  1888,  180  ;  1890, 
440,  §  8  ;  1891,  392  ;  1893.  396,  §  9.      (See  1893,  385.) 

Sect.  37.  Fees  and  costs  are  regulated  in  certain  cases.  St.  1890.  256, 
353,440;  1891,  71,  325,  416:  1892,  200.  (See  1892,  231,  268;  1893, 
385.) 

Sect.  38.     See  St.  1885.  235. 

No  court  fees  shall  be  allowed  or  taxed  in  criminal  cases.    St.  1890,  256. 

Sect.  39  et  seq.  Appeals  regulated.  St.  1893,  396,  §§  24-32.  (See 
1882,  95  ;  1890,  224,  440,  §  10.^) 

Sect.  42  et  seq.  The  justices  mav  act  for  each  other  in  certain  cases. 
St.  18.S2,  43.     (See  1885,  132.) 

The  municipal  court  of  East  Boston  is  abolished,  and  East  Boston  dis- 
trict court  established.     St.  1886,  15.      (See  1882,  146.) 

Clerks  and  clerical  assistance  provided  for:  East  Boston;  St.  1886,  15. 


1628  Changes  in  the  [Chap.  154. 

South  Boston;  1887,  327.  Charlestown ;  1889,  206.  Dorchester;  1885, 
79.     West  Roxbury  ;  1887,  274. 

Sect.  o.j.     Number  of   justices  increased.     St.    1882,   41  ;    1888,  419, 

§  11. 

Sect.  58.  Assistant  clerks  and  clerical  assistance  provided  for.  St. 
1883,  47;   1885,  42,  §  2,  137,  §  2;  1888,  419,  §  13;  1889,  170;  1893,  371. 

Sect.    62.     Additional    sessions  by  special   justice    provided    for.     St. 

1885,  42,  §  1.  "When  he  acts  he  must  state  in  the  record  the  fact  which 
gives  him  jurisdiction.     St.  1892,  268. 

Sect.  64.  Salaries  of  justices  fixed  :  First  and  second  Barnstable ;  St. 
1890,  177.  Central  Berkshire;  1887,  190  Northern  Berkshire;  1887,  61. 
(See  1884,  266,  §  3.)  Soutliern  Berkshire;  1884,  231.  Boston;  1887, 
163.  (See  1882,  41,  §  2.)  East  Boston;  1892,  100.  (See  1886,  15.) 
South  Boston  ;  1889,  242.  Bri2:laton  ;  1885,  49.  First  Bristol ;  1889,  261. 
(See  1884,  220.)  Second  Bristol;  1891,  108.  Third  Bristol;  1889,  54. 
Brockton;  1885,  155.  Brookline ;  1884,  211.  (See  1882,  233,  §  6.) 
Charlestown;  1891,  160.  (See  1889,  227.)  Dorcliester ;  1885,  79. 
First  Essex  ;  1882,  245.  Second  Essex  ;  1888,  193.  Fitchburg  ;  1889,  97. 
(See  1882,  245.)  Gloucester;  1888,  234.  Eastern  Hampden;  1889,  130. 
Western  Hampden  ;  1886,190.  Hampshire;  1883,75.  (See  1882,  227  ; 
1883,  80;  1884,  205.)  Haverhill;  1882,  245.  Holvoke ;  1886,  151. 
Lawrence;  1893,479.  (See  1888,  110.)  Lowell;  1893^479.  (See  1886, 
307.)  Lynn;  1891,  162.  (See  1886,  1.54.)  Marlborough;  1892,  93. 
(See  1882,  233.)  Central  Middlesex;  1890,  238.  First  eastern  Middle- 
sex ;  1893,  479.     (See  1882,  245  ;*1886,  166.)     Second  eastern  Middlesex  ; 

1886,  123.  (See  1882,  245.)  Third  eastern  Middlesex;  1882,  233. 
Fourth  eastern  Middlesex;  1893,  479.  (See  1882,  233.)  First  northern 
Middlesex;  1889,  198.  First  southern  Middlesex;  1889,  12.  Newbury- 
port;  1882,245.  Newton;  1893,479.  (See  1890,93.)  East  Norfolk; 
1889,263.  Southern  Norfolk  ;  1891,273.  Fourth  Plymouth  ;  1889,281. 
Roxbury  ;  1889,  217.  W^est  Roxbury  ;  1883,  111.  Somerville  ;  1891,  161. 
(See  1882,  245  ;  1887,  180.)  Springfield;  1887,  171.  Central  Worcester; 
1888,50.  First  eastern  Worcester  ;  1884,208.  Second  eastern  Worces- 
ter; 1889,158.  (See  1882,  245.)  First  northern  Worcester  ;  1893,479. 
(See  1884,  215,  §  4.)  First  southern  Worcester;  1890,  131.  Second 
southern  AYorcester  ;  1888,173.     Third  southern  AVorcester  ;   1882,245. 

Salaries  of  clerks  fixed  :  Central  Berkshire  ;  1893,  479.  (See  1882,  245.) 
Northern  Berkshire  ;  1888,  89.  (See  1887,  61.)  Southern  Berkshire  ;  1887, 
227.  (See  1884,  231  ;  1886,  333,  §  4.)  Boston,  civil ;  1882,  245.  First 
assistant;  1889,39.  Second  assistant ;  1889,143.  Third  assistant ;  1892, 
58.  (See  1889,  170.)  Criminal  clerk  and  assistant;  1893,  479.  (See 
1882,  245  ;  1885,  137.)  East  Boston  ;  1886,  15.  (See  1882,  245.)  South 
Boston;  1882,  245.  Assistant;  1887,  327.  First  Bristol;  1889,  261. 
Second  Bristol ;  see  1889,  62.  Third  Bristol ;  1893,  479.  (See  1889,  41.) 
Brockton;  1885,  155.  Brookline;  1888,  60.  Charlestown;  1887,  175. 
(See  1889,  206.)  Chelsea;  1887,  117.  (See  1882,  176;  1884,  197.) 
Chicopee  ;  1891,  78.  Dorchester ;  1893,  479.  (See  1885,  79  ;  1886,  124.) 
First  Essex;  1882,  245.  Fitchburg;  1891,  71.  (See  1882,  245;  1889, 
289.)     Gloucester;    1888,    235.      (See    1883,    53.)     Western   Hampden; 


Chav.  i.vL]  Public  Statutes.  1629 

1893,  470.  (See  1886.  190;  1888.  88.)  Hampshire;  1893,  479.  (See 
1883,  80  ;  1880.  106. )  Haverhill ;  1888,  55.  (See  1882,  245.)  Holyoke  ; 
1887.  318.  (See  1884,  65.)  Lawrence;  1893,  479.  (See  1887,  208.) 
Lowell ;  1893.  479.  (See  1886,  307.)  Assistant ;  1889,  152.  (See  1882, 
63  :  1888,  246.)  Lynn;  1893,  479.  Marll)orough  ;  1892,  93.  (See  1882, 
233;  1889,  19.)  First  eastern  Middlesex;  1893,  479.  (See  1882,  87, 
245;  1886,  167;  1889,317.)  Second  eastern  Middlesex  ;  1891,  107.  (See 
1883,  97;  1885,  180;  1888,  233.)  Third  eastern  Middlesex;  1886,  165. 
(See  1882,  233.)  Fourth  eastern  Middlesex ;  1893,  479.  (See  1882,  233  ; 
1887,  174.)  First  northern  Middlesex;  1888,  214.  First  southern  Mid- 
dlesex; 1886,156.  Newburyport;  1889,  277.  (See  1882,  245.)  New- 
ton ;  1893,  479.  (See  1886,  l.">8.)  East  Norfolk  ;  1893,  479.  (See  1888, 
54.)  Southern  Norfolk;  1891,  273.  First  Plymouth;  1883,  57.  (See 
1885.  155.)  Third  Plymouth  ;  1889,  137.  Fourth  Plymouth;  1891,  190. 
(See  1884,  204.)  Roxbury,  clerk;  1893,  479;  assistant;  1889,  239. 
(See  1882,245.)  Somerville  ;  1887,  265.  (See  1882,  245.)  Springfield; 
1889,  28.  (See  1886, 155.)  West  Roxbury  ;  1893,  479.  (See  1887,  274  ; 
1889,  92.)  Central  "Worcester;  1889,  83.  Assistant;  1893,479.  (See 
1882,    245;    1888,    184.)     Second   eastern  Worcester ;    1889,  218.     (See 

1882,  245.)     First  northern  Worcester;  1885,  286.      (See  1884,  215,  §  4.) 
Compensation  of  special  justices  regulated.     St.  1893,  396,  §   66.     And 

of  }yro  tempore  clerks.     St.  'l893,  396,  §  67.      (See  1888,  352.) 

Salaries  of  constables  in  attendance  fixed:  Boston,  civil;  St.  1886,  130. 
Criminal;  1888,  195.  (See  1886,  130.)  Brighton  ;  1886,  148.  Charles- 
town  ;  1886,  136.  East  Boston  and  South  Boston  ;  1882,  245.  Roxbury  ; 
1889,  1  74.     West  Roxbury  ;  1886,  148. 

Chapter  155.  — Of  Justices  of  the  Peace  and  Trial  Justices. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893.  396. 

Women  who  are  appointed  special  commissioners  shall  have  same  powers 
as  justices  of  the  peace  in  certain  cases.     St.  1889,  197.      (See  1882,  139  ; 

1883,  252.) 

Sect.  3.  Justices  may  summon  witnesses  in  civil  cases.  St.  1885,  141. 
(See  1884,  247.) 

Sect.  4.  Power  of  justices  to  issue  warrants  modified.  St.  1884,  286. 
(See  1884,  191.) 

Sect.   10.     In  Dukes  county  three  trial  justices.     St.  1892,  408. 

Sect.   12  et  seq.     See  St.  1893,  396,  §§  12-16. 

Sect.  \1  et  seq.  No  original  writ  shall  be  returnable  more  than  sixty 
days  from  date.     St.  1892,  148  ;  1893,  396,  §  17. 

Provision  is  made  for  preservation  of  records,  etc.,  of  trial  justices.  St. 
1888.211. 

Sect.  21.  lu  case  of  failure  to  attend  an  adjourned  hearing  another 
justice  may  act  in  certain  cases.     St.  1883,  175.      (See  1890,  202.) 

Sects.  24-26.  Bond  required  instead  of  recognizance  before  removal. 
St.  1888,  325.  These  sections  shall  not  apply  to  actions  before  district  and 
police  courts.     St.  1893,  396,  §  21. 

Sect.  28.     Appeal  is  to  be  entered  at  next  return  day.    St.  1885,  384,  §  5. 


1630  •     Changes  in  the  [Chap.  155. 

Sect.  29  et  seq.  No  bond,  recognizance  or  deposit  required  in  a  replevin 
suit.     St.  1890,  224.     (See  1882,  95  ;  1893,  396,  §  29.) 

Sect.  37,  38.     See  St.  1890,  202. 

Sect.  40,  41.     See  St.  1888,  211. 

Sect.  43  et  seq.  Jurisdiction  of  trial  justices  extended.  St.  1885,  149, 
356;  1892,  160,  188,  §  5;  1893,  172,  §  4.  (See  1893,414.)  Payment  of 
interpreters  and  of  witnesses  from  without  the  State  allowed  in  criminal 
cases.     St.  1893,  385. 

Form  of  warrants  for  commitment  for  non-payment  of  fines  modified. 
St.  1891,  416. 

Sect.  44.     See  St.  1893,  396,  §  46. 

Sect.  49.  Commitments  of  children  under  twelve  restricted.  St. 
1882,  127. 

Costs  regulated  in  certain  cases.     St.  1889,  469.      (See  1893,  385.) 

Sects.  63,  65.  Appellant  must  pay  the  jailer's  fees  in  certain  cases. 
St.  1890,  328. 

Sects.  67  et  seq.,  74,  75.  Provision  made  for  completion  of  unfinished 
business  before  trial  justices.     St.  1890,  202.      (See  1883,  175.) 

Sect.  68.    Commitments  for  contempt  may  be  to  any  jail.     St.  1886,  224. 

Sects.  69,  77  et  seq.  Provision  made  for  uniform  dockets  and  blanks 
except  in  certain  ca?es.     St.  1888,  285.      (See  1893,  396,  §  59.) 

Sect.  78  repealed.  Payments  and  accounting  regulated.  St.  1887,  438  ; 
1890,  204,  215,  216,  440  ;  1891,  70,  325.  416  ;  1893,  270,  385.  (See  1886, 
169 ;  1888,  275.) 

Chapter  156.  — Of  Probate  Courts. 

Uniform  rules  of  practice  and  blanks  are  provided  for.  St.  1893,  372. 
(See  Res.  1893,  23.) 

When  a  judge  is  unable  to  perform  his  duties,  or  there  is  a  vacancy, 
another  judge  shall  act  in  his  place.  Compensation  therefor  fixed.  St. 
1892,  337.    An  additional  judge  is  provided  for  iu  Suffolk.     St.  1893,  379. 

Probate  courts  may  appoint  auditors  to  examine  accounts.     St.  1889,  311. 

Any  act  or  proceeding  within  the  power  of  the  court  in  the  first  instance 
may  be  confirmed.     St.  1888,  420. 

The  probate  of  a  will,  or  a  determination  of  intestacy,  are  made  coucln- 
sive  in  certain  cases  after  two  years.     St.  1889,  435. 

Disposition  of  certain  mone3's  unclaimed  or  not  payable  regulated.  St. 
1885,  376  ;   1889,  185,  449,  §  2  ;   1890,  408.      (See  1893,  379.) 

Attorneys  may  appear  in  probate  i)roceedings,  and  process  and  notices 
may  be  served  on  them  as  if  upon  the  parties.     St.  1890,  420. 

Sect.  2.  Jurisdiction  extended.  St.  1887,  332,  §  2  ;  1891,  415,  425, 
§  14;  1892,  116. 

Sects.  5-11.  Appeals  in  certain  cases  regulated.  St.  1887,  332,  §  3; 
1888,  290  ;  1890,  261,  §  3 ;   1891,  415,  §  3. 

Sects.  7,  8  amended.     St.  1888,  290. 

Sects.  9,  13  amended.  The  superior  court  is  to  act  iu  certain  cases. 
St.  1890,  261.      (See  1891,  415.) 

Sect.  22.  See  St.  1893,  372.  Provision  for  a  constable  to  attend  the 
court  in  Suffolk.     St.  1884,  140;  1887,  156.      (See  1887,  243.) 


Chap.    I.jG.]  PuBLIC    STATUTES.  1631 

Sects.  27,  28.  Provisiou  for  rearrauijiiig  Avorn  records  and  dockets.  St. 
1891,  225. 

Sect.  32.     See  St.  1885,  376  ;  1889,  185  ;   1890,  408  ;  1893,  379. 

Sect.  35.  Expenses  may  also  be  awarded.  St.  1881,  131.  (See  1884, 
291.) 

Sect.  44.  Limit  of  expense  changed.  St.  1893,  422.  (See  1884,  118  • 
1887,  217.) 

Sect.  45.     See  St.  1880,  224. 

Sect.  48.     Provision  made  for  cases  of  holidays.     St.  1884,  141. 

Changes  in  sessions:  Barnstable;  1893,  343.  Franklin;  St.  1887,  46. 
Hampden;  1884,  294.  Hampshire;  1886,  145.  Middlesex;  1889,  182. 
Plymouth ;  1887,  63  ;  1889,269.  (See  1889,237.)  Suffolk;  1892,  202. 
(See  1893,  379.)     Worcester;  1893,  348. 

Chaptei'  157.  — Of  Courts  of  Insolvency. 

Petition  may  be  brought  in  county  where  debtor  had  a  usual  place  of 
business.     St.  1893,  40-5. 

Attorneys  may  appear  and  be  served  with  notices  and  process.  St. 
1890,  420. 

Uniform  rules  of  practice  provided  for.      St.  1893,  372. 

Two  judges  in  Suffolk.     St.  1893,  379. 

Composition  with  creditors  provided  for  and  regulated.  St.  1884,  236  ; 
1885,  353  ;  1889,  406  ;   1890,  387.      (See  1886,  322  ;  1888,  405.) 

Provision  made  for  special  judgments  against  insolvent  debtors  whose 
property  is  under  attachment  or  brought  within  the  control  of  the  court. 
St.  ISS'5,  59 ;  1892,  209.  And  where  bond  to  dissolve  attachment  or 
prosecute  i-eview  is  given,  and  debtor  discharged  in  composition  proceed- 
ings.    St.  1888,  405. 

Voluntary  assignments  are  authorized  and  proceedings  regulated.  St. 
1887,  340. 

Sect.  5.  Commitments  for  contempt  may  be  made  to  any  jail.  St. 
18.S6,  224. 

Sect.  16.     See  St.  1893,  405. 

Sects.  19,  80.  Accidental  delay  or  omission  to  file  schedules  not  to 
defeat  discharge.     St.  1886,  290. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  293. 

Sects.  36-38.     See  St.  1889,  420. 

Sects.  36,  91.     Appeal  is  to  be  entered  on  next  return  day.     St.  1885 
384,  §  5. 

Sect.  40.     Non-resident  assignees  must  appoint  a  resident  agent.     St 
1889,313.      (See  1890,  420.) 

Sect.  46.  Voluntary  assignments  are  valid  against  an  assignee  in 
insolvency,  subsequently  appointed,  in  certain  cases.     St.  1887,  340. 

A  mortgage,  if  recorded  more  than  four  months  after  its  date,  is  not 
good  against  assignee  in  certain  cases.     St.  1888,  393. 

Sects.  64-66.  Provision  made  for  case  of  death  of  assignee  after  dis- 
posal of  property  and  before  settlement  of  accounts.     St.  1891,  400. 

Sect.  70.     Fees  of  witnesses  regulated.     St.  1890,  277. 

Sect.  84.     No  claim  against  a  pledgee,  created  by  an  unauthorized  sale 


1632  Changes  in  the  [Chap,  is 7. 

of  the  collateral  security,  shall  be  discharged.  St.  1S85,  353,  §  6.  (See 
1884,  236,  §  9.) 

Sect.  93  amended  by  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  1886,  322. 

Sect.  96  et  seq.  A  pledge  or  payment  of  a  reasonable  sum  for  legal 
services  may  be  allowed.     St.  1889,  420. 

Sect.  99.  If  the  debtor  does  not  apply,  the  court  may  make  an  allow- 
ance to  his  wife  or  minor  children.     St.  1888,  67. 

Sect.   102.     Accounts  must  be  sworn  to.     St.  1884,  126. 

Sect.  103.  Provision  made  for  investment  of  unclaimed  dividends. 
St.  1883,  242. 

Sect.  112  amended  as  to  limit  of  time  of  residence  and  of  bringing  the 
petition  in  certain  cases.     St.  1890,  431.      (See  St.  1893,  405,  §  2.) 

Sects.  116,  120.     See  St.  1893,  405,  §  2. 

Sects.  127-130,  136.  Provision  made  for  insolvency  proceedings  by  and 
against  certain  foreign  corporations.     St.  1890,  321. 

Sects.  137,  138.  Provision  for  payment  of  surplus  of  deposit  when  made 
by  others  than  the  debtor.  St.  1889,417.  (See  1884,  236,  §  9;  1885, 
353,  §  5.) 

Sect.  139  amended.  Provable  costs,  expenses,  etc.,  limited.  St. 
1892,  359. 

Chapter  158.  — Of  Judges  and  Registers  of  Probate. 

When  a  judge  is  unable  to  perform  liis  duties,  or  there  is  a  vacancy, 
another  judge  shall  act  in  his  place.     Compensation  therefor  fixed.     St. 

1892,  337. 
Sect.  8.     Registers  shall  send  to  the  State  treasurer  copy  of  inventor}'' 

of  estates  subject  to  a  collateral  succession  tax.     St.  1891,  425,  §  10. 

Sect.  23.  Salaries  of  judges  fixed.  St.  1893,  469.  (See  as  to  Barn- 
stable ;  St.  1887,  166.  Berkshire;  1884,  192.  Bristol;  1885,  165;  1889, 
211.  Dukes;  1885,  318.  Essex;  1883,  244;  1888,  112.  Hampden; 
1886,  189.  Middlesex;  1882,  129;  1886,  184;  1889,  251.  Nantucket; 
1890,  115.  Norfolk;  1887,  72.  Plymouth;  1886,  183.  Suffolk;  1885, 
203;   1893,379.     Worcester;   1885,275.) 

Salaries  of  registers  and  assistant  registers  fixed.  St.  1893,  469.  (See 
as  to  Berkshire  ;  St.  1884,  192.     Essex;   1887,  273.     Franklin,  assistant; 

1893,  151.  Hampden;  1884,  248.  Middlesex;  1887,  259;  1891,  318. 
Suffolk;   1882,  144;   1891,91.     Worcester;   1888,  152.) 

Sects.  23,  24.  Allowance  made  for  clerical  assistance:  Bristol;  St. 
1889,136.  Essex;  1886,  114.  Middlesex;  1890,192;  1893,344.  Suf- 
folk; 1892,  230;  1893,  431.  (See  1885,  205;  1888,  280;  1889,  418; 
1890,192.)     Worcester;   1889,  209.      (See  1887,  39.) 

Sect.  24  shall  not  applv  to  Suffolk.  St.  1885,  205,  §  2.  Or  to  Frank- 
lin.    St.  1893,  151,  §  2.  ' 

Chapter  159.  — Of  Clerks,  Attorneys  and  Other  Officers  of  Judicial 

Courts. 

Sects.  2,  5.     Clerical  assistance  provided  for.     St.  1893,  327. 
Sect.  4.     Fac-simile  of  clerk's  signature  may  be  used  on  all  processes 
except  executions.     St.  1886,  13. 


Chai'.  159.]  Pltblic  Statutes.  1633 

Skct.  6.  When  regular  clerk  is  absent,  county  commissioners  shall  ap- 
point one  of  their  number  ck-rk  7>/-o  tempore.     St.  1890,  19<S. 

Skcts.  8,  9,  ;il.  Assistant  clerks  given  and  salaries  fixed:  Essex  ;  St. 
1.^89,  44-1.  Middlesex  ;  1892,  187.  (See  1889,  11  ;  1890,  201.)  Suffolk  ; 
189;3,  190.  (1st.  See  1.S87,  199.)  1885,  250  (2d)  ;  1888,  153  (;]d)  ; 
1.S89,  50  (4tb)  ;  1893,  153  (5th);  (See  1892,  87.)  AVorcester ;  1891, 
92.     Signatures  of  assistants  regulated.     St.  1889,  215. 

Sects.  27,  28.  Accounting  for  fees,  etc.,  regulated.  St.  1887,  291, 
438;  1888,  257;  1890,  209,  215,  216  ;  1891,  236. 

Clerks  must  deposit  public  funds  beyond  what  are  required  for  immediate 
use.  St.  1890,  215.  Certain  unclaimed  funds  are  to  be  paid  to  the  treas- 
urer of  the  Commonwealth.     St.  1890,  330. 

Sect.  29  et  seq.  Clerks'  salaries  fixed  :  Supreme  judicial  court,  Suffolk  ; 
St.  1887,  291.  Superior  court:  1888,  257.  First"  assistant ;  1887,  199. 
Barnstable;  1892,95.  Dukes;  1887,  112.  Their  fees  are  fixed.  St.  1888, 
257;   1889,433;   1890,209;   1891,87.      (See  1890,  360.) 

Sect.  34  et  seq.  Women  mav  be  admitted  to  practise.  St.  1882,  139  ; 
(See  1883,  252  ;  1889,  197.) 

The  fee  for  admission  to  the  bar  is  fixed.     St.  1888,  257,  §  5. 

Sects.  34,  39.  Disbarred  attorneys  who  continue  to  practise,  and  per- 
sons falsel}'  representing  themselves  to  be  attorneys,  are  subject  to  a 
penalty.     St.  1891,  418." 

Sect.  44.  Word  "suit"  applies  to  any  proceeding  before  any  court. 
St.  1884,  170. 

Sects.  47,  48.  Masters,  assessors  and  referees,  and  arbitrators  under 
chapter  188  upon  whose  awards  judgment  is  entered,  are  to  be  paid  by 
the  county.     St.  1883,  216  ;   1886,  51  ;   1887,  289. 

They  are  to  have  no  fees  unless  report  is  filed  within  ninety  davs.  St. 
1888,  282. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  is  fixed  at  one  dollar.  St. 
1888,  257,  §  5. 

The  probate  court  ma}'  appoint  auditors  in  certain  cases.     St.  1889,  31 1. 

Sects.  56-63.  Publication  of  reports  regulated.  St.  1889,  471.  Re- 
porter's salary  fixed,  and  allowance  made  for  clerk  hire  and  incidental 
expenses.     St.  1892,  380.      (See  1889,  471,  §  4.) 

Sect.  64  et  seq.  Number  of  officers  in  attendance  regulated,  their  duties 
defined  and  compensation  fixed,  in  Suffolk  :  Supreme  judicial  court ;  St. 
1882.  232;  1886,  37;  1887,  243;  1890,  294.  Superior  court;  St.  1886, 
37;  1888,  357.  (See  1882,  245,  §  3;  1883,  54.)  Middlesex  supreme 
judicial  and  superior  courts  ;  St.  1892,  107. 

And  in  probate  and  insolvency  courts.     St.  1884,  140;   1887,  156,  243. 

Officers  in  attendance  in  the  supreme  judicial  and  superior  courts  in 
Suffolk  and  Middlesex  must  wear  uniforms.  St.  1888,  371  ;  1891,  181  ; 
1892,  107. 

Sect.  72  et  seq.  Official  stenographers  provided  for  in  all  counties,  and 
their  compensation  fixed.  St.  1885,  291  ;  1.S87,  24,  74;  l.sS9,  324;  1892, 
133;  1893,452.     And  additional  stenographers.     St.  1893.  404. 

Sects.  72-75  repealed.     St.  1887,  24,  §  4. 


1634  Changes  in  the  [Chaf.  I60. 


Chapter  160.  —  Special  Provisions  respecting  Courts  and  the  Admin- 
istration of  Justice. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open  on 
the  following  day.  St.  1882,  49.  The  first  Monday  of  September  is 
"  Labor's  holiday.^'     St.  1887,  263. 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised ;  jurisdiction  is 
given  to  the  lower  courts.  St.  1885,  345  ;  1886,  45,  203  ;  1887,  36,  329  ; 
1891,  180,  419  ;  1892,  348.  (See  1884,  298,  §  38  ;  1888,  257,  §  4 ;  1893, 
376,  417,  §  237.) 

Sect.  9  is  repealed  ;  primary  declarations  may  be  made  at  any  time.  St. 
1886,  45;  1891,  180. 

Chapter  161.  —  Of  the  Commencement  of  Actions  and  the  Service  of 

Process. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  396. 

Sect.  1  applies  to  equity  suits.     St.  1883,  223,  §  13. 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  may  change  the 
venue  in  certain  cases.     St.  1887,  347. 

Sect.  10.  The  motion  may  be  filed  within  thii'ty  days  after  the  day  for 
appearance.     St.  1885,  384,  §  14.     (See  1892,  169.) 

Sect.  13  et  seq.  All  civil  actions,  at  law  or  in  equity  (except  replevin) 
in  the  supreme  judicial  and  superior  court,  may  be  commenced  in  either 
form.     St.  1887,  383. 

Fac-simile  of  clerk's  signature  may  be  used  on  certain  processes.  St. 
1886,  13.      (See  1885,  321.) 

No  original  writ  issued  b}"  a  trial  justice,  or  district,  police  or  municipal 
court,  shall  be  returnable  more  than  sixty  days  from  date.  St.  1892,  148  ; 
1893,  396,  §  17. 

Sects.  23,  27.  Terms  are  abolished  and  writs  are  returnable  on  first 
Monday  of  each  month.     St.  1885,  384. 

Sects.  31,  34,  36.     See  St.  1884,  330 ;  1886,  230  ;  1889,  393  ;  1890,  321. 

Sects.  38-60.  The  right  to  attach  the  property  of  newspaper  offices  is 
limited.     St.  1890,  377. 

Sect.  62.  All  attachments  must  be  deposited  in  the  registry  of  deeds. 
St.  1889,  401.      (See  1892,  289.) 

Sect.  84.  Justices  of  the  supreme  judicial  or  superior  court  may  order 
clerk  to  issue  process  in  cases  pending  in  another  county.  St.  1886,  223. 
(See  1885,  384,  §  3.) 

Sect.  122  et  seq.  Bonds  must  contain  a  provision  for  special  judgments 
under  St.  1888,  405.     (See  1885,  59.) 

Sects.  122-125.  The  sureties  are  released  by  principal's  discharge  in 
insolvency  proceedings  begun  within  four  months.     St.  1889,  470. 

Sect.  127.     See  St.  1892,  359. 

Chapter  162.  — Of  Arrest,  Imprisonment  and  Discharge. 

Sects.  17,  18,  20,  25,  27,  28,  33,  34,  54  are  amended.  Poor  debtor 
proceedings  are  regulated.  St.  1888,  419;  1889,  415;  1890,  128;  1891, 
271,  313,^407.      (See  1887,  442  ;   1893,  62.) 


Cii-vr.  162.]  Public  Statutes.  1635 

Sect.  17.  Notice  for  examiiiatiou  must  be  given  imder  either  of  the 
charges  in  this  section.  St.  1887,  4-12.  Affidavit  may  be  made  at  any  time 
before  the  certificate  is  issued.     St.  1891,  -107. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  b}'  reason  of  the  absence 
or  disabilitv  of  the  magistrate,  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  442,  §§  3,  4. 

Sect.  36.  If  recognizance  is  not  satisfactory  debtor  may  be  imprisoned. 
St.  1889,  415,  §  4. 

S)fiCT.  68.  The  fees  are  changed,  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.  St.  1888,  419,  §  13;  1889,  415,  §§  6,  7; 
1893,  62. 

Chapter  163.  — Of  Bail. 

Sect.  12  is  amended.  The  bail  is  discharged  on  paying  costs,  if  the 
principal  dies.     St.  1884,  260. 

Chapter  164.  —  Of  Proceedings  against  Absent  Defendants,  and  upon 

Insuflacient  Service. 

Provision  made  for  service  on  foreign  corporations.  St.  1884,  330.  (See 
1886,230;   1889,393;   1890,321.) 

Sect.  6.  Notice  must  be  given  within  one  year  to  a  non-resident  of 
attachment  of  his  real  estate.     St.  1884,  268. 

Sect.  7  amended  as  to  time  for  appearance.     St.  1885,  384,  §  8. 

Chapter  167.— Of  Pleading  and  Practice. 

Court  terms  are  abolished,  return  days  changed  and  practice  regulated. 
St.  1883,  223;  1884,  304,  316;  1885,  384;  1887,  332,  380,  383;  1890, 
154,  374,  398,  451  ;  1891,  227,  362  ;   1892,  440  ;   1893,  61. 

Where  there  are  two  or  more  shire  towns,  the  shire  town  at  which  an 
action  shall  be  tried  may  be  designated  on  entry  of  the  writ.  St.  1882, 
264. 

All  civil  actions  at  law  or  in  equity  (except  replevin)  in  supreme  judicial 
or  superior  court  may  be  begun  by  bill  or  petition,  or  by  writ  with  bill  or 
petition  inserted,  and  relief  given  as  the  case  requires.     St.  1887,  383. 

Claimants  of  funds  in  defendant's  hands  may  be  summoned  in  and  the 
parties  required  to  interplead.     St.  1886,  281.     (See  1883,  62  ;  1888,  345.) 

Sects.  2-10.  A  form  for  declaring  for  recovery  of  interest  is  estab- 
lished.    St.  1890,  398. 

Sect.  9  amended.  On  failure  to  file  a  declaration  the  action  may  be 
dismissed  on  motion.     St.  1885,  384,  §  6. 

Sects.  9,  11-20,  24-29,  40,  41  and  81  apply  to  actions  in  district  and 
police  courts.     St.  1893,  396,  §  23. 

Sect.  11.  Demurrers  in  equity  regulated.  St.  1883,  223,  §  10.  (See 
1887,  383,  §  2.) 

Sect.  13  et  f^cq.  Any  matter  which  in  equity  would  entitle  the  defendant 
to  be  absolutely  relieved  from  plaintiff's  claim  mav  be  alleged.  St.  1883, 
223,  §  14 ;   1887,  383. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action  be 
changed  to  equity.     St.  1883,  223,  §  17  ;  1887,  383,  §  3. 


1636  Changes  in  the  [Chap.  167. 

Sects.  46,  47  are  repealed,  and  new  provisions  made  as  to  defaults.  St. 
1885,  384,  §§  7-11. 

Sects  64,  67  et  seq.  Provision  made  for  postponement,  etc.,  of  cases 
on  trial  list.     St.  1884,  304  ;  1890,  154.     (See  1890,  451.) 

A  printed  daily  trial  list  of  civil  cases  is  required,  in  superior  court, 
Suffolk,  and  regulated.     St.  1889,  459. 

An  attorney  when  actually  engaged  in  the  trial  of  a  cause  in  the  supreme 
judicial  or  superior  court  is  not  obliged  to  proceed  to  trial  of  another  cause, 
unless  the  court  deems  it  just  and  reasonable.     St.  1890,  451. 

Sect.  65.     See  St.  1893,  396,  §  20. 

Sect.  89.     See  St.  1893,  396,  §  23. 

Sect.  90.     District  court  of  Hampshire  is  added.     St.  1891,  139. 

Police  courts  may  order  defendant  to  answer.     St.  1886,  64. 

Chapter  169.  —  Of  Witnesses  and  Evidence. 

Sect.  1  is  revised  and  right  to  issue  summonses  extended.  St.  1885, 
141 ;  1889,  197.     (See  1884,  247.)  * 

Sect.  5.     See  St.  1886,  224. 

Sects.  7,  8  extended  to  boards  of  police  commissioners.     St.  1882,  267. 

Justices  of  supreme  judicial  or  superior  court  may  compel  attendance  of 
witnesses  before  tribunals  having  power  to  summon,  but  not  to  compel 
attendance.     St.  1883,  195. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear,  no  notice  of 
taking  deposition  or  exhibition  of  interrogatories  is  required.     St.  1883, 188. 

Sect.  54  is  amended.  Notice  to  non-resident  parties  is  provided  for. 
St.  1882,  140. 

Sects.  69,  70.  Attested  copies  of  rules  of  boards  of  aldermen,  ordi- 
nances of  cities,  by-laws  of  towns  and  records  of  cities  and  towns  are  ad- 
mitted. St.  1889,  387.  And  sworn  copies  of  records,  books  and  accounts 
of  savings  banks.     St.  1885,  92. 

Chapter  170.  —  Of  Juries. 

Sect.  6.  Preparation  of  list  of  jurors  in  Nantucket  regulated.  St. 
1891,  131. 

Sect.  10.  Venires  for  jurors  for  the  supreme  judicial  court  in  Barn- 
stable regulated.     St.  1889,  173. 

Sect.  24.'  Special  provisions  made  for  preparation  of  jury  lists  in 
Boston.     St.  1888,  123. 

Sect.  35.  Jurors  may  be  examined  by  parties  or  their  attorneys,  under 
direction  of  the  court.     St.  1887,  149. 

Chapter  171.  —  Of  Judgment  and  Execution. 

Judgments,  orders  and  decrees  must  bear  date  of  entry.  St.  1885,  384, 
§  13. 

No  judgment  or  decree  affecting  title  to  real  estate  shall  be  valid  against 
third  parties  without  notice,  unless  recorded.  St.  1892,  289.  (See 
1889,  401.) 

Sects.  1,  17-24.     Special  judgments  are  provided  for  against  insolvents 


Chap.  171.]  PuBLIC   STATUTES.  1637 

whose  property  is  attached,  or  under  control  of  a  court  of  equity  on  a  cred- 
itor's bill  or  otherwise.  St.  1885,  oO  ;  1892,  209.  And  where  bond  is 
given  to  dissolve  attachment  or  prosecute  review,  and  defendant  is  dis- 
charged in   composition   proceedings.     St.    1888,   405.     (See  1884,  236 ; 

1885,  353.) 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  exempted. 
St.  1886, 125,  §  2  ;  1890,  421,  §  23.  Also  military  equipments.  St.  1893, 
367,  §  71.     (See  1885,  183,  §  11  ;  1887,  214,  §  73,  411,  §  71.) 

Sect.  39.  When  a  sale  has  been  enjoined  court  may  order  adjournments 
until  further  order.     St.  1884,  175. 

Sects.  52,  53.  Provision  made  for  record  of  seizure  in  cases  where  the 
levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  407. 

Sect.  54.  In  case  of  sickness  or  absence  of  the  officer  another  may  be 
delegated.     St.  1885,  125. 

Chapter  172.  —  Of  the  Levy  of  Execution  on  Real  Estate. 

Sect.  30.  Enjoined  sales  may  be  adjourned  by  the  court  granting  the 
injunction.     St.  1884,  175. 

Sects.  32,  49.     Right  of   redemption  extended  to  lands  set  off.     St. 

1886,  86. 

Chapter  173.  —  Of  the  Writ  of  Entry. 

Sect.  2.  Notwithstanding  disseizin  or  adverse  possession  a  conveyance 
of  real  estate  otherwise  valid  vests  in  the  grantee  the  rights  of  entry  and 
of  action  for  recovery.     St.  1891,  354. 

Chapter  175.  —  Of  the  Summary  Process  for  the  Recovery  of  Land. 

Sect.  1.     See  St.  1891,  354. 

Sect.  2  et  seq.     See  St.  1893,  396,  §§  12,  13,  25,  29,  423,  §  27. 
Sects.  6,  7,  8.     A  bond  instead  of  a  recognizance  is  to  be  given,     St. 
1888,  325. 

Chapter  176.  — Of  Petitions  for  the  Settlement  of  Title. 

This  chapter  is  repealed  and  a  substitute  enacted.     St.  1893,  340, 
Provision  made  for  barring  action  on  an  undischarged  mortgage  after 
possession  by  the  mortgagor  for  twenty  years  without  act  of  recognition. 
St.  1882,  237  ;  1885,  283  ;  1890,  427,  §  1.      (See  1889,  442.) 

Provision  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations,  etc.,  more  than  thirtv  years 
old,  appearing  of  record.  St.  1889,  442;  1890,  427,  §  2.  (See  1882, 
237  ;  1885,  283.) 

Chapter  178,  —  Of  the  Partition  of  Land. 

Sects.  2,  9,  75  extended.  Land  in  different  counties  may  be  divided  in 
one  proceeding.     St.  1888,  346. 

Sect.  13.  The  right  to  remove  petitions  for  partitions  under  this  section 
is  taken  away.     St.  1892,  169.     (See  1885,  384,  §  14.) 

Sect.  45  et  seq.     The  probate  court  may  set  off  bis  share  to  petitioner 


1638  Changes  in  the  [Chap.  its. 

and  allow  the  residue  to  remain  in  common.  St.  1885,  293.  (See  1887, 
286;  1888,346.) 

Sect.  51.     Words  "  newspaper  or  "  inserted.     St.  1882,  55. 

Sect.  63  amended.     St.  1882,  6,  §  2. 

Sects.  64-75.  Provision  made  for  partitions  where  there  are  estates  for 
life  or  for  a  term  of  years,  and  a  remainderman.    St.  1887,  286. 

Sect.  75.     See  St.  1888,  346,  §  3. 

Sect.  69.  No  petition  for  partition  shall  be  defeated  because  a  party 
has  paid  off  an  incumbrance  which  other  parties  were  entitled  to  redeem, 
but  the  decree  shall  prescribe  terms  of  redemption.     St.  1889,  468. 

Chapter  180.  —  Of  Actions  for  Private  Nuisances. 

Fences  and  other  like  structures  over  six  feet  in  height,  maliciously 
erected  or  maintained,  are  declared  private  nuisances.     St.  1887,  348. 

Chapter  181.  — Of  the  Redemption  and  Foreclosure  of  Mortgages. 

Sect.  17.  The  notice  may  be  given  in  some  newspaper  in  the  county  if 
there  is  none  in  the  town.     St.  1882,  75. 

Sect.  27.  The  mortgagee  may  proceed  with  a  sale  already  advertised 
unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined.     St.  1888,  433. 

Chapter  183.  — Of  the  Trustee  Process. 

Sect.  3.  Where  a  trustee  is  made  a  party  for  the  purpose  of  giving 
jurisdiction  in  the  county  where  the  trustee  resides,  the  parties  not  residing 
there,  the  action  may  be  transferred.  St.  1893,  285.  (See  St.  1893,  396, 
§  13.) 

Sect.   7  extended  to  trial  justices.     St.  1887,  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  384,  §  9. 

Sect.  29  et  seq.  The  wages  or  lay  of  seamen  are  exempted.  St.  1886, 
194.     But  not  of  fishermen.     St.  1890,  289. 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  not  liable 
to  attachment.     St.  1886,  125;  1890,  421,  §  23.     (See  1885,  183,  §  11; 

1887,  214,  §  73.) 

Sect.  38.  Provision  is  made  for  executions  in  favor  of  claimants. 
The  provision  as  to  proceedings  under  chapter  161,  sections  80,  82,  83,  is 
omitted.     St.  1888,  345.     (See  1883,  62;  1886,  281.) 

Sect.  73.  In  a  suit  by  the  defendant  against  the  trustee,  pending  the 
trustee  process,  the  costs  are  in  the  discretion  of  the  court.  St.  1883,  62. 
(See  1886,  281  ;  1888,  345.) 

Chapter  184.  —  Of  the  Replevin  of  Property. 

In  case  of  appeal  from  the  lower  courts  by  the  plaintiff,  no  bond,  recog- 
nizance or  deposit  is  required.     St.  1890,  224.      (See  St.  1893,  396,  §  29.) 

Chapter  185.  — Of  Habeas  Corpus  and  Personal  Replevin. 

Sect.  3.     Provision  for  habeas  corpus  in  poor  debtor  proceedings.     St. 

1888,  419,  §  12. 

Sect.  18  ie  amended.     St.  1882,  6,  §  3. 


Chap.   187.]  PUBLIC    STATUTES.  1639 


Chapter  187.  — Of  "Writs  of  Error  and  Writs  of  and  Petitions    for 

Review. 

Upon  a  writ  of  error  or  other  proceeding  to  reverse  or  avoid  a  conviction, 
or  discharge  a  prisoner,  the  fact  that  the  person  was  under  seventeen  years 
of  age  shall  not  be  deemed  material.     St.  1892,  26G. 

Sect.  16  et  seq.     See  St.  1893,  396,  §  33. 

Sect.  39.  A  stay  may  be  ordered  without  security  when  petitioner  had 
no  actual  knowledge  of   the  action   before   judgment   was   entered.     St. 

1882,  249. 

Bonds  to  prosecute  review  must  have  provision  for  special  judgments  in 
cases  of  discharge  of  defendant  in  composition  proceedings.  St.  1888, 
405,  §  2. 

Chapter  188.  —  Of  Reference  to  Arbitration. 

The  fees  of  arbitrators  under  this  chapter,  upon  whose  awards  judgment 
is  entered,  are  to  be  paid  by  the  county.  St.  1887,  289.  (See  1883,  216  ; 
1886,  51.) 

Chapter  189. —  Of  Improving  Meadows  and  Swamps. 

Sect.  15.  "  Eeturn  day"  is  substituted  for  "court  held."  St.  1885, 
384,  §  5. 

Chapter  190.  —  Of  Mills,  Dams  and  Reservoirs. 

Sect.  48  is  extended  to  any  stream,  on  certain  conditions.     St.  1892,  55. 

Sect.  53  et  seq.  County  commissioners  may  examine  dams  and  reser- 
voirs upon  their  own  judgment,  and  proceed  as  if  application  had  been 
made  to  them.     St.  1891,  315  ;  1893,  99. 

Chapter  191.  —  Of  Liens  on  Buildings  and  Land. 

Sect.  6.  Certain  inaccuracies  not  to  invalidate  the  statement  if  parties 
were  not  misled.     St.  1892,  191. 

Sect.  12  is  repealed.     St.  1888,  344,  §  4. 

Sects.  13,  16,  17  are  revised,  and  new  method  of  procedure  prescribed. 
St.  1888,  344.  District  and  police  courts  have  jurisdiction  when  the  claim 
does  not  exceed  one  thousand  dollars.     St.  1893,  396,  §  12. 

Sects.  42,  43.  Any  person  to  whom  a  debt  would  be  payable  for  labor 
or  materials,  if  it  were  not  for  a  lien,  may  dissolve  such  lien  by  bond.  St. 
1890,  383. 

Sect.  45.     Creditor's  attorney  may  discharge  lien.     St.  1891,  244. 

Chapter  192.  —  Of  Mortgages,  Conditional  Sales,  Pledges  and  Liens  on 

Personal  Property. 

Sects.  1,  2  are  repealed,  and  new  provisions  made  as  to  recording.     St. 

1883,  73. 

The  discharge  of,  and  redemption  of  security  for,  small  loans  regulated. 
St.  1888,  388  ;   1890,  416  ;  1892,  428.      (See  1885,  252.) 

Mortgages  of  household  furniture  are  regulated  in  certain  cases.  St. 
1892,  428,  §  3. 

Sects.  7,  10.     See  St.  1892,  428,  §  4. 


1640  Changes  in  the  [Chap.  192. 

Sects.  10-12.  Debts  or  claims  against  a  pledgee,  created  by  an  unau- 
thorized sale  of  the  collateral,  are  not  discharged  in  insolvency.  St.  1885, 
353,  §  6.     (See  1884,  236,  §  9.) 

Sect.  13.  Conditional  sales  of  furniture  or  household  effects  are  regu- 
lated.    St.  1884,  313  ;  1892,  411. 

Sect.  24.  Courts  in  the  county  where  the  petitioner  has  his  usual  place 
of  business  also  have  jurisdiction.     St.  1888,  46. 

Sect.  26  amended  to  conform  to  section  24.     St.  1893,  173. 

Sect.  31.  Disposition  of  unclaimed  baggage,  etc.,  regulated.  St. 
1893,  419. 

Chapter  195.  —  Of  the  Collection  of  Claims  against  the  Commonwealtli. 

Sect.  1  is  extended  to  all  claims,  whether  at  law  or  in  equity,  except 
those  mentioned  in  section  7.     They  are  subject  to  set-off.     St.  1887,  246. 

Chapter  197.  —  Of  the  Limitation  of  Personal  Actions. 

Actions  to  recover  forfeitures  for  selling  liquor  to  a  minor  are  limited  to 
two  years.     St.  1889,  390. 

Chapter  198.  — Of  Costs  in  Civil  Actions. 

"When  two  or  more  cases  are  tried  together  in  the  supreme  judicial,  supe- 
rior, or  any  police,  municipal  or  district  court,  the  costs  may  be  reduced  by 
the  presiding  judge.     St.  1892,  231. 

Sect.  25  is  revised.     Time  of  hearing  appeals  changed.     St.  1882,  235. 

Sect.  28.     Term  fees  are  limited.     St.  1882,  264. 

Chapter  199.  — Of  the  Tees  of  Certain  Officers. 

In  criminal  cases,  if  the  complaint  is  unfounded,  frivolous  or  malicious, 
the  magistrate  may  refuse  to  allow  fees  to  complainant.  St.  1890,  440, 
§  13. 

Sect.  2.  In  police,  district  and  municipal  courts  no  court  fees  are 
allowed  in  criminal  cases.     St.  1890,  256. 

Sects.  2,  3.  The  fees  of  trial  justices  and  mode  of  approval  and  certifi- 
cation are  established.  St.  1890,353;  1891,325;  1892,  200,  §  3.  (See 
1890,  440;   1892,  160.) 

Sects.  4,  5.  The  entry  fee  covers  all  clerks'  fees,  except  in  certain 
eases.     St.  1888,  257;  1889,  433;  1890,  209,  360;  1891,  87. 

Sect.  G.  Fees  for  summoning  witnesses  in  criminal  cases  fixed.  St. 
1882,  215. 

Sect.  9  is  revised.  Certain  charges  for  horse  hire  are  allowed.  St. 
1885,  254. 

Sects.  14,  39.  When  two  or  more  cases  are  tried  together  the  presiding 
judge  may  reduce  the  fees  and  costs.     St.  1892,  231. 

Sect.  14.  Fees  of  witnesses  in  insolvency  proceedings  regulated.  St. 
1890,  277. 

Sect.  15  repealed.     Appraisers'  fees  regulated.     St.  1886,  135. 

Sect.  20.     See  St.  1892,  253,  §  2. 


Chap.   199.]  PuBLIC   STATUTES.  1641 

Sects.  23-27  apply  to  registers  of  probate  and  insolvency.  St.  1893, 
469,  §  2. 

Sects.  30,  34  et  seq.  Officers'  fees,  costs  and  expenses  regulated.  St. 
1890,440;  1891,70,325,392;  1892,  200.      (See  1889,  469;   1890,106; 

1892,  231.) 

Sects.   32,  39.     See  St.  1892,  231. 

Chapter  200.  — Of  the  Rights  of  Persons  accused. 

"    Police  matrons  and  stations  for  detention  of  women  are  required  in  cer- 
tain cities.     St.  1887,  234;  1888,  181. 

Chapter  202.  —  Of  Offences,  against  the  Person. 

Sect.  27.     Punishment   modified    and    "age  of   consent"    raised.     St. 

1893,  466.     (See  1886, 305  ;  1888,  391.) 

Chapter  203.  — Of  Offences  against  Property. 

The  following  are  made  offences  :  — 

False  statements  of  the  distance  travelled  or  to  be  travelled  with  a  hired 
horse,  or  refusal  to  pay  the  hire.     St.  1882,  236. 

Obtaining,  by  false  representations,  certificates  or  transfers  of  registra- 
tion, and  giving  false  pedigrees  of  cattle,  horses,  etc.  vSt.  1887,  143  ; 
1890,  334. 

Entering  or  driving  a  horse  disguised,  or  different  from  the  one  pur- 
ported to  be  entered,  to  compete  for  a  purse  or  premium.     St.  1892,  167. 

False  representations  to  overseers  of  the  poor,  etc.,  for  purpose  of  caus- 
ing any  person  to  be  supported  as  a  pauper.     St.  1891,  34.3. 

Sects.  10,  11  amended.     The  penalties  are  modified.     St.  1888,  135. 

vSect.  20.     The  penalties  are  changed  in  certain  cases.     St.  1889,  458. 

Sects.  20,  37,  40.  The  embezzlement  of  property  of  voluntary  associa- 
tions is  made  a  crime.     St.  1884,  174  ;  1886,  328.     (See  1887,  411,  §  77.) 

And  of  money,  stocks  or  securities  held  by  brokers  under  written  direc- 
tions for  their  disposal.     St.  1892,  138.     (See  1890,  437,  §  3.) 

Sect.  21.     And  the  mutilation  of  a  will.     St.  1890,  391. 

Sect.  56  is  extended  to  agents,  clerks,  etc.,  of  persons  or  firms,  and  to 
omissions  to  make  true  entries.     St.  1885,  223. 

Sect.  58.  Fraudulent  use  of  certain  insignia  is  made  an  offence.  St. 
1887,  67;  1891,  15. 

Sects.  63,  64  extended  to  labels,  stamps  and  trade-marks  of  labor  and 
trade  associations.     St.  1890,  104. 

Sect.  79.  Wilful  detention  or  mutilation  of  books,  etc.,  of  public  or 
incorporated  libraries  are  offences.     St.  1883,  77,  81. 

Sect.  95.     See  St.  1893,  403. 

Sect.  99.  Provision  is  made  to  prevent  trespass  on  private  land  by 
persons  with  fire-arms,  the  defacing  of  notices,  etc.  St.  1884,  308  ;  1890, 
403,  410.     (See  1886,  270,  §  4.) 

And  on  lands  appurtenant  to  prisons  or  houses  of  correction.  St.  1885, 
303. 

Sect.  101.     The  tearing  down,  removal  or  defacing  of  a  warrant,  voting 


1612  Changes  in  the  [Chap.  203. 

or  jury  list,  or  other  legal  notice,  is  made  punishable.  St.  1883,  156  ;  1887> 
147  ;  1S88,  436,  §  28  ;   1889,  413,  §  28. 

Sect.  103.  Municipal,  district  and  police  courts  are  given  concurrent 
jurisdiction  in  certain  cases.  The  penalty  is  regulated.  St.  1887,  293, 
§  2. 

The  wilful  defacing  and  misuse  of  milk  cans  is  made  an  offence.  St. 
1885,  133. 

Sect.  106.  The  penalty  is  increased.  One-half  the  fine  is  to  go  to  the 
informant.     St.  1889,  399. 

Sects.  107-109.  The  wilful  or  negligent  setting  of  fires  is  made  a 
crime.     St.  1882,  163;   1886,  296. 

Wilful  or  wanton  destruction  of  property  by  a  convict  is  punishable.  St. 
1891,  295. 

Chapter  205. — Of  Oflfenees  against  Public  Justice. 

The  following  are  made  offences  :  Procuring  fraudulent  divorces.  Un- 
lawfully issuing  certificates  of  divorce.  Advertising,  by  one  not  a  member 
of  the  bar,  the  business  of  procuring  divorces.  St.  1886,  342  ;  1887,  320  ; 
1891,  59.  Falsely  representing  one's  self  to  be  an  attorney-at-law.  St. 
1891,418. 

Interference  with  police  signal  system.     St.  1888,  291. 

Trespass  on  lands  appurtenant  to  prisons,  disturbance  of  prisons  and 
illicit  communication  with  prisoners.  St.  1885,  303.  And  illicit  convey- 
ance of  articles  to  or  from  the  men's  reformatory  prison.     St.  1887,  339. 

Commitments  for  contempt  may  be  made  to  any  jail  and  served  in  any 
county.     St.  1886,  224. 

Sect.  1.     Penalty  modified.     St.  1892,  123. 

Sects.  9,  10  are  extended.     St.  1891,  349  ;  1892,  416. 

Sects.  11,  12  extended  to  county  officers.     St.  1893,  271. 

Chapter   207.  — Of  Offences    against    Chastity,  Morality    and    Good 

Order. 

Punishments  are  provided :  For  keeping  or  resorting  to  a  place  where 
opium  is  used  ;  St.  1885,  73.     For  the  exhibition  of  deformed  persons.     St. 

1884,  99.  For  unnatural  and  lascivious  acts  ;  St.  1887,  436.  For  sending 
to,  or  detaining  in,  a  house  of  ill-fame  any  female  as  an  inmate  or  servant ; 
St.  1888,  311. 

Sect.  2.  Further  provision  made  against  seduction,  unlawful  inter- 
course and  assistance  thereto.     St.  1886,  329;   1888,  311. 

Sect.  9.  The  dying  declarations  of  the  woman  are  admissible  in  evi- 
dence.    St.  1889,  100. 

Sect.  15  is  extended  to  include  books  and  the  like  manifestly  tending  to 
the  corruption  of  the  morals  of  youth.     St.  1890,  70. 

The  gift,  sale  or  distribution,  to  or  by  minors,  of  papers  devoted  to 
criminal  news  is  punishable.     St.  1885,  305. 

Sects.  20,  29,  34,  35.  Disorderly  or  indecent  speech  or  behavior  in 
public  conveyances  is  punishable.     St.  1883,  102. 

Sect.  22  extended   to   licensed  picnic   groves.     St.    1887,    445.     (See 

1885,  309.) 


Cnxv.  207.]  Public  Statutes.  1643 

Sect.  23.  Wilful  disturbance  of  persons  in  a  pul)lic  library  or  reading 
room  is  made  an  offence.     St.  188.5,  225. 

Sects.  25-28  are  repealed,  and  new  provisions  made  as  to  proceedings 
and  punisliments  in  cases  of  drunkenness.  St.  1891,  427;  1892,  303; 
1893,414,445.  (See  1885,  365,  375  ;  1886,323,  §  2;  1888,  377;  1891, 
356;  1892,  160,  200.) 

Sect.  29.  Neglect  to  support  wife  or  minor  children  is  punishable. 
St.  1885,  176;  1893,  262.     (See  1882,  270;  1884,  210.) 

Sects.  29,  42.  Sentences  under  these  sections  regulated.  St.  1884, 
258  ;  1885,  365  ;   1886,  323  ;  1888,  49  ;  1892,  302.      (See  1892,  303.) 

Sects.  49,  50.  Removing  flowers  or  memorial  tokens  from  graves,  etc., 
without  authority  is  punishable.     St.  1888,  395. 

Sects.  52-54.  The  docking  of  horses'  tails  is  forbidden  under  penalty. 
St.  1889,  267. 

The  payment  of  fines  to  informers  under  these  sections  is  regulated.  St. 
1889,  267";  1891,  304,  416. 

Sect.  69  is  extended.     St.  1885,  316  ;  1893,  436. 

Chapter  208.  —  Of  Ofiences  against  Public  Health. 

Penalties  are  provided  for :  Sale  or  gift  of  cigarettes,  snuff  or  tobacco 
to  children  under  sixteen  ;  St.  1886,  72.  Feeding,  or  keeping  with  intent 
to  feed  garbage,  oft'al,  etc.,  to  milch  cows  ;  St.  1889,  326.  Sale  of  cloth- 
ing made  in  unhealthy  places  ;  St.  1891,  357  ;  1892,  296  ;  1893,  246.  Man- 
ufacture or  sale  of  toys  or  confectionery  containing  arsenic  ;  St.  1891,  374. 
Pollution  of  water  supplies  ;  St.  1884,  172.  Neglect,  after  notice  by  board 
of  health,  to  repair  private  drain  in  street;  St.  1893,  312.  Creating  a 
nuisance  by  smoke  in  large  cities  ;  St.  1893,  353.  Adulteration  of  food  or 
drugs ;  St.  1882, 263  ;  1884, 289  ;  1886, 171  ;  1891,  319.  (See  1883,  263.) 
(As  to  milk  and  butter,  see  1884,  310  ;  1885,  352  ;  1886,  317,  318.)  Sale 
for  medicinal  purposes  of  drugs,  etc.,  without  being  a  registered  pharma- 
cist;  St.  1885,  313,  §  9. 

Sect.  6.  The  regulations  as  to  sale  of  poisons  are  revised.  St.  1888, 
209.     (See  1885,  3f3  ;  1887,  38.) 

Chapter  209.— Of  Offences  against  Public  Policy. 

Provision  to  pi-event  lotteries  and  policy  lotteries.     St.  1892,  409. 

Property  shall  not  be  sold  or  exchanged  under  the  inducement  of  any 
gift  or  prize.     St.  1884,  277. 

Pretending,  in  writing,  to  hold  a  degree  of  a  college  or  school,  or  the 
approval  of  a  college  or  professional  school  of  a  person,  process,  treat- 
ment, or  goods,  and  granting  degrees  without  authority,  are  made  offences. 
St.  1893,  355.      (See  1883,  268.) 

Coercing  or  compelling  a  person,  as  a  condition  of  employment,  to  agree 
not  to  join  a  labor  organization  is  made  an  offence.     St.  1892,  330. 

Sects.  11-13.     See  St.  1892,  167. 

Chapter  210.  — Of  Felonies,  Accessories,  Abettors  and  Attempts  to 

commit  Crimes. 

Provision  is  made  for  the  ascertainment  and  punishment  of  habitual 
criminals.  St.  1887,  435.  And  for  the  registration  and  identification  of 
certain  criminals.     St.  1890,  316. 


1644  Changes  in  the  [Chap.  211. 


Chapter  211. — Of  Proceedings  to  prevent  the  Commission  of  Crimes. 

Sect.  6  extended  to  all  criminal  cases.     St.  1890,  440,  §  13. 

Chapter  212.  —  Of  Search  Warrants,  Rewards,  Arrests,  Examination, 

Bail  and  Probation. 

Police  matrons  are  provided  for  in  certain  cities.  St.  1887,  234 ; 
1888,  181. 

Provisions  in  regard  to  arrest  of  children  under  twelve.     St.  1882,  127. 

Sect.  2.  Tickets  and  other  materials  for  pool  selling  are  added.  St. 
1885,  342,  §  2.  Also  personal  property,  insured  against  fire,  concealed  to 
defraud  an  insurance  company.     St.  1890,  284.      (See  1890,  452.) 

Property  seized  under  St.  1890,  284,  shall  be  disposed  of  as  the  court 
orders.     St.  1890,  452. 

Sect.  9  is  extended  to  gaming  apparatus  and  certain  other  articles.  St. 
1885,  66. 

Sect.  15.  If  magistrate  deems  complaint  unfounded,  frivolous  or  mali- 
cious, he  may  refuse  fees  to  complainant.     St.  1890,  440,  §  13. 

Sect.  16.  A  summons  shall  issue  instead  of  a  warrant  "  unless  there 
is  reason  to  believe  that  the  accused  will  not  appear  upon  a  summons." 
St.  1890,  225. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  officers  in  any  county.     St.  1886,  247. 

Sect.  26.  On  adjourning  a  trial  or  examination  where  the  offence  is 
punishable  with  death  or  imprisonment  for  life,  material  witnesses  for  the 
government  may  be  bound  over  according  to  sections  37-41  of  this  chapter. 
St.  1885,  136. 

Another  justice  may  complete  adjourned  proceedings.     St.  1883,  175. 

Sects.  36-40.  Provision  for  detention  of  witnesses  in  cases  of  felony, 
pending  pursuit  and  apprehension  of  offender.  St.  1892,  361.  (See  St. 
1893,  396,  §  48.) 

Sects.  37-41.     See  St.  1885,  136,  §  2. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  135. 

Sect.  68.  Money  may  be  deposited  with  any  officer  authorized  to  take 
recognizance.     St.  1882,  134. 

Sects.  74-78  repealed,  and  new  provisions  made  as  to  probation  officers. 
St.  1891,  356,  427;  1892,  242,  276.      (See  1882,  125;  1892,  303.) 

Sect.  81  amended.     St.  1886,  101,  §  4. 

Chapter  213.  —  Of  Indictments,  Prosecutions  and  Proceedings  before 

Trial. 

Sect.   15.     See  St.  1887,  367. 

Sect.  16  et  seq.     See  St.  1886,  328,  §  2  ;  1887,  436. 

Sect.  17  repealed  and  a  substitute  passed.  St.  1886,  53.  (See  1885, 
144.) 

Sects.  15,  30.  The  support  of  such  insane  persons  is  to  be  paid  bv  the 
State.     St.  1883,  148  ;  1889,  90. 


Chap.  213.]  PUBLIC   STATUTES.  1645 

Sect.  28  et  seq.  The  superior  court  has  exclusive  original  jurisdiction 
iu  capital  cases.     St.  1891,  379.      (See  1893,  324,  365,  394.) 

Skcts.   29,  30  repealed.     St.  1891,  379,  §  14. 

Sects.  33-35.  Police  oflacers  may  serve  subpauas  when  requested  by 
district  attorney.     St.  1890,  440,  §  G. 

Sect.  35.  In  cases  of  felony,  witnesses  committed  may  be  held  a  rea- 
sonable time  pending  pursuit  and  apprehension  of  the  offender.  St.  1892, 
361. 

Sect.  38  not  affected  by  St.  1891,  379,  §  4.     St.  1893,  365. 

Chapter  214. —Of  Trials  and  Proceedings  before  Judgment. 

Sect.  1.  Order  of  trials  in  criminal  cases  regulated.  St.  1884,  193; 
1889,  432. 

Sect.  16.     See  St.  1887,  367. 

Sects.  19.  20.  The  support  of  such  insane  person  is  to  be  paid  by  the 
State.     St.  1883,  148  ;  1889,  90. 

Chapter  215.  — Of  Judgment  and  Execution. 

Provision  made  for  the  ascertainment  and  punishment  of  habitual  crimi- 
nals. St.  1887,  435.  And  for  registration  and  identification  of  certain 
criminals.     St.  1890,  316. 

Warrants  for  commitment  for  non-pavment  of  fines  regulated.  St.  1891, 
416,  §  2.  ' 

Convicts  may  be  sent  to  jail  instead  of  house  of  correction,  and  may  be 
transferred  from  one  to  the  other.     St.  1882,  241. 

Commitment  may  be  made  at  same  time  on  several  sentences.  St. 
1884,  265. 

Prisoners  in  State  institutions  shall  not  be  employed  outside  the  pre- 
cincts of  such  institution  in  anv  mechanical  or  skilled  labor  for  private  par- 
ties.    St.  1891,  209. 

Sects.  2,  5.  Taxing  costs  against  defendants  in  criminal  cases  is 
restricted  and  payment  of  expenses  regulated.     St.  1890,  440  ;   1891,  325. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  part  of 
expense  of  prosecution.     St.  1890,  328. 

Sect.  15.     Sentences  of  women  regulated.     St.  1889,  113. 

Sect.  18  is  revised.     St.  1882,  127. 

Sect.  22.  A  prisoner  in  the  Massachusetts  reformatory  may  be  sent  to 
State  prison  or  house  of  correction  on  conviction  of  an  offence  punishable 
b}'  imprisonment  therein.     St.  1891,  200. 

Chapter  216.  —  Of  Fire  Inquests. 

This  chapter  is  repealed,  and  the  laws  as  to  fire  inquests  revised.  St. 
1889,  451  ;  1891,  229.     (See  1886,  296;   1887,  214;   1888,  199.) 

Chapter  217.  —  Of  Fines,  Forfeitures  and  Costs. 

Expense  of  serving  warrant  of  commitment  shall  be   deemed  a  part  of 
expense  of  prosecution.     St.  1890,  328. 
Sect.  6.     See  St.  1890,  353. 


16i6  Changes  in  the  [Chap.  217. 

Sects.  8,  9.  Taxation,  certification  and  payment  of  costs  and  fines 
regulated.     St.  1890,  218,  440;   1891,  236,  392,  416.      (See  1889,  469.) 

Sect.  13  repealed.     St.  1890,  218,  §  3. 

Sect.  15  is  repealed,  and  method  of  accounting  for  moneys  received 
under  section  14  established.     St.  1891,  416. 

Chapter  218.  —  Of  Fugitives  from  Justice  and  Pardons. 

Sect.  6  repealed.  Payment  of  expenses  of  requisitions  regulated.  St. 
1886,  267. 

Sect.  14.  Sentences  after  breach  of  condition  of  a  pardon  regulated. 
St.  1882,  197. 

Chapter  219.  —  Of  the  Commissioners  of  Prisons. 

The  commissioners  must  make  reports  to  the  governor  at  least  once  in 
six  months.     St.  1893,  428. 

Powers  and  duties  of  commissioners  in  regard  to  the  reformator}'  pre- 
scribed.    St.  1884,  255,  331. 

The  governor  may  remove  commissioners  at  pleasure.     St.  1893,  453. 

Registration  and  measurement  of  certain  convicts  provided  for.  St. 
1890,  316.      (See  1892,  313.) 

Surgical  treatment  of  prisoners  provided  for.     St.  1882,  207. 

The  authorities  of  State  of  Vermont  are  granted  permission  to  detain 
in  and  transport  through  this  State  convicts  sentenced  in  Vermont.  St. 
1892,  423. 

Sect.  3.     Secretary's  salary  fixed.     St.  1886,  225.     (See  1884,  331,  §  4.) 

Sect.  4.  Transfer  of  prisoners  regulated.  St.  1882,  207,  241  ;  1885, 
35  ;   1887,  292,  375  ;   1888,  192  ;   1890^,  180,  278. 

State  prison  convicts  may  be  graded  and  classified.  St.  1892,  267. 
(See  1891,  372.) 

Sect.  6.  Vagrants  and  tramps  may  be  removed  to  the  State  farm. 
St.  1885,  35,  §  1.     (See  1887,  264.) 

Sect.  14  et  seq.  Labor  in  prisons  and  emploj'ment  of  prisoners  regulated. 
St.  1883,  217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891,  209,  228, 
371. 

Sects.  17,  18  repealed.     St.  1888,  403,  §  6. 

Sects.  26-30.  Provision  for  aid  for  female  prisoners  discharged  with- 
out sentence.     St.  1886,  177. 

Further  provisions  for  aiding  discharged  prisoners.  St.  1887,  315,  336, 
395;  1888,  322,  417. 

Additional  agents  authorized.  St.  1887,  315.  Salary  of  agent  provided 
for.     St.  1888,  330. 

Sect.  32.     See  St.  1889,  245. 

Sects.  34,  35  et  seq.  Reports  and  returns  are  regulated.  St.  1882, 
226;  1891,  187;   1892,  290,  §  2. 

Sect.  36  repealed.     St.  1882,  226,  §  3. 

Sect.  39.  Allowance  made  for  clerical  assistance.  St.  1888,  328. 
(See  1885,  52.) 


Chap.  220.]  PuBLIC    STATUTES.  1617 


Chapter  220,  —  Of  Jails  and  Houses  of  Correction. 

Police  matrous  and  stations  for  tlie  detention  of  women  are  required  in 
certain  cities.     St.  1887,  234;   1888,  181. 

A  general  superintendent  of  prisons  is  provided  for.  St.  1887,  447, 
§  6.     (See  1888,  403,  §  8.) 

Sect.  2.  The  sheriff  mav  transfer  prisoners  between  jails  and  houses 
of  correction.     St.  1882,  241.     (See  1890,  278.) 

Sect.  7  et  seq.  Commissioners  of  public  institutions  of  Boston  substi- 
tuted for  directors  for  public  institutions.     St.  1889,  245. 

Sects.  13,  14.  Contract  labor  is  forbidden  in  certain  prisons.  St.  1887, 
447;  1888,22.      (See  1888,  403.) 

Sect.  19.     See  St.  1891,  426. 

Sect.  36.    The  requirement  of  whitewashing  is  stricken  out.    St.  1886,  226. 

Sect.  40  et  seq.  Labor  in  prisons  and  employment  of  prisoners  are  reg- 
ulated. St.  1883,  217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891, 
209,  228,  371. 

Sect.  49.     Clerical  error  corrected.     St.  1882,  6,  §  4. 

Sect.  50.  Escapes  of  prisoners  employed  outside  are  punishable.  St. 
1882,  198.     (See  1885,  94.) 

Sect.  53  et  seq.  Invoice  books  of  supplies  must  be  kept.  St.  1890, 
296.     (See  1889,  294.) 

Sects.  54,  55.  The  purchase  of  tools,  materials,  machinery,  etc.,  and 
sale  of  manufactured  goods  provided  for  and  regulated.     St.  1887,  447  ; 

1888,  403,  §  3  ;   1891,  228.      (See  1891,  371.) 

Funds  not  required  for  immediate  use  must  be  deposited.    St.  1890,  215. 
Payment  of  funds  regulated.     St.  1893,  270. 
Sect.  60  et  seq.     See  St.  1882,  113. 

Sects.  66,  68.  Further  provisions  made  as  to  release  of  prisoners  on 
probation.     St.  1884,  152. 

Sect.  69  applies  to  St.  1891,  356. 

Chapter  221.  —  Of  the  State  Prison  and  the  Reformatory  Prison  for 

Women. 

A  general  superintendent  of  prisons  is  provided  for.    St.  1887,  447,  §  6. 

The  prison  at  Concord  is  made  a  reformator}'  prison  for  men,  and  the 
State  prison  is  re-established  at  Boston.  St.  1884,  255,  331.  (See  1891, 
215.) 

An  act  to  provide  for  the  building  of  a  State  prison.     St.  1893,  441. 

The  list  of  otHcers  of  the  State  prison  is  revised  and  salaries  fixed.     St. 

1889,  412  ;   1893,  455,  45G.     (See  1882,  203  ;   1884,  95  ;   1887,  355  ;  1888, 
264.) 

And  of  the  officers  of  the  reformatory  prison  for  men.  St.  1890,  255  ; 
1893,  333.      (See  1888,  335;   1889,  408;   1890,  267.) 

And  of  the  reformatory  prison  for  women.  St.  1883,  267;  1884,  43; 
1887,  341  ;  1888,  327. 

Sentences  to  the  men's  reformatory  are  regulated.  St.  1885,365  ;  1886, 
323  ;  1888,  49  ;  1891,  427,  §  5  ;  1892,  302,  303.  (See  1884,  255,  §§  8-11  ; 
1885,  35,  320,  356  ;  1891,  200.) 


1648  Changes  in  the  [Chap.  221. 

Sentences  of  prisoners  in  the  reformatory,  convicted  of  offences  pun- 
ishable by  imprisonment  in  the  State  prison  or  house  of  correction,  are 
regulated.     St.  1891,  200.      (See  1892,  302.) 

The  description  and  measurement  of  convicts  by  the  "  Bertillon  "  s^'stem 
is  provided  for.     St.  1890,  316. 

Removals  and  transfers  of  prisoners  regulated.  St.  1882,  207,  241  ; 
1885,  35,  320  ;  1887,  292,  375  ;  1888,  192  ;  1890,  180.      (See  1884,  255.) 

Labor  in  prisons  and  employment  of  prisoners  regulated.  St.  1883, 
217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891,  209,  228,  371. 
(See  1884,  255.) 

The  purchase  of  machinery,  tools  and  materials  and  sale  of  manufact- 
ured goods,  are  regulated.    St.  1887,  447,  §§3,4;  1888,  403,  §  3  ;  1891,  228. 

State  prison  convicts  may  be  punished  for  wilful  or  wanton  destruction 
of  property.     St.  1891,  295. 

The  illicit  conversance  of  articles  to  or  from  the  men's  reformatory  is 
made  punishable.  St.  1887,  339.  And  trespass  on  prison  lands  and  dis- 
turbance of  prisons  and  illicit  communication  with  prisoners.     St.  1885,  303. 

Sects.  6,  7  repealed.     St.  1882,  203,  §  4. 

Sect.  6  et  seq.  The  removal  of  subordinate  officers  is  regulated.  St. 
1887,  355  ;  1890,  267.  (See  1888,  264 ;  1889,  412.)  Subordinates  must 
give  bond  and  be  sworn.     St.  1893,  426. 

Sect.  8  amended.     St.  1887,  355. 

Sect.  25  et  seq.  Provision  made  for  grading  and  classifying  prisoners 
in  the  State  prison.     St.  1892,  267.      (See  1891,  372.) 

Sect.  27  amended.     Words  "  or  printing"  stricken  out.     St.  1888,  189. 

Sect.  30.     Schools  for  the  prisoners  are  provided  for.     St.  1886,  197. 

Sect.  43  et  seq.  Female  convicts  of  the  United  States  courts  are  to  be 
sent  to  the  reformatory  for  women.     St.  1887,  426. 

Prisoners  may  be  employed  on  land  or  in  building  appurtenant  to  reform- 
atory.    St.  1885,  94. 

Transfers  and  removals  of  female  prisoners  regulated.     St.  1888,  192. 

Escapes  and  attempts  to  escape  are  made  punishable.  St.  1885,  94. 
(See  1882,  198.) 

A  burial  place  is  provided  for.     St.  1882,  213. 

A  sewerage  system  is  provided  for.     St.  1887,  403  ;  1892,  211. 

Sect.  52.  Further  provisions  made  as  to  permits.  St.  1884,  152,  255, 
§§  33,  34  ;  1888,  192,  317.      (See  1887,  435,  §  2.) 

Sects.  54,  55.  Method  of  approval  of  bills  and  contracts  changed. 
St.  1888,  403,  §  7;  1889,  294.      (See  1884,  255,  §§  28,  30;   1888,  337.) 

Chapter    222.  —  Special    Provisions    concerning    Penal    and    Other 

Public  Institutions. 

Masters  of  jails  having  public  funds  must  deposit  all  not  required  for 
immediate  use.     St.  1890,  215. 

Payment  of  funds  regulated.     St.  1893,  270. 

No  prisoner  in  any  State  iustitutiou  shall  be  employed  outside  in  mechan- 
ioal  or  skilled  labor  for  private  parties.     St.  1891,  209. 

Prisoners  or  inmates  of  institutions  suffering  from  s^^philis  shall  have 
medical  treatment  and  mav  be  isolated.     St.  1891,  420. 


Chap.   222.]  PuBLIO   STATUTES.  1649 

Sect.  10.  Further  provisions  concerning  removal  of  insane  prisoners  in 
the  reformatorv  for  men.     St.  1885,  320. 

Sects.  10,  11,  25.     See  St.  1886,  101,  §  4. 

Sects.  10,  12,  14.     See  St.  1887,  367. 

Sect.  17.  A  trial  justice  may  act,  if  there  is  no  police  or  district  court 
in  the  county.     St.  1882,  201. 

Sect.  20  does  not  applv  to  persons  sentenced  to  the  reformatorv.  St. 
1886,  323,  §  7.  " 

Sects.  20,  21.  Releases  on  probation  are  further  regulated.  St.  1884, 
152,  255,  §§  33,  34  ;  1887,  435,  §  2  ;  1888,  317. 

Sect.  25.     See  St.  1891,  420,  §  2. 


lOoO  Changes  in 


II. 

CHANGES  IN  THE  GENERAL  STATUTES  PASSED  SINCE  THE 
ENACTMENT   OF   THE    "PUBLIC  STATUTES." 

[The  changes  are  more  fully  stated  in  Table  I.  under  the  appropriate  chapter  of  the  Public 

Statutes.] 

Statutes  of  1882. 

Chap. 

28.  Repealed.     LS90,  423,  §  228.    (See  1885,108  ;  1893,  417.)    P.  S.  7. 

29.  Repealed.     1886,  66.     (See  1891,  24.)     P.  S.  5. 

86.  Amended.     1888,  114.     P.  S.  52. 

41,  §  2  superseded.     1887,  163,  §  2.     P.  S.  154. 

43.  Affected.     1885,  132.     P,  S.  154. 

63.  Superseded.     1886,  307.     P.  S.  154. 

65.  Repealed.    -1885,  247.     P.  S.  91. 

74.  Repealed.    1884,  299,  §  44.    (See  1890,  423  ;  1893,  417.)    P.  S.  7. 

76.  Affected.     1888,  363.     P.  S.  11. 

77.  Amended.     1884,  72.    Affected,  1883,  258,  §  2  ;  1886,  300  ;  1887, 

214,  §  95.     P.  S.  116. 

87.  Superseded.  1886,  167.  P.  S.  154. 

94.  Superseded.  1882,  225.  P.  S.  112. 

95.  See  1893,  396,  §§  25-29.  P.  S.  154. 

97.     Superseded.     1887,  411,  §  23.     (See  1893,  367,  §  23.)     P.  S.  14. 

102.  Amended.     1884,  245.     P.  S.  91. 

103.  Affected.     1883,  109,  §  1.     P.  S.  19. 

106.     Amended.     1883,  74.    Aft'ected,  1884,  330,  §  3  ;  1886,  230  ;  1891, 

341.     P.  S.  13,  105. 
108,     §  1  amended.     1888,  313.     P.  S.  53. 
111.     Repealed.     1886,  38.     P.  S.  16. 
125.     Repealed.     1891,356.     (See   1891,427;   1892,  242,   276,  303.) 

P.  S.  112. 
127,     §  2  amended.     1886,  101,  §  4.     P.  S.  89. 

129.     Superseded.     1893,  469.    (See  1886,  184  ;  1889,  251.)    P.  S.  158. 
135.     Shall  not  apply  to    provisions  of    1890,  428.     (See  1885,  194.) 

P.  S. 112. 
139.     Extended.     1883,  252  ;  1889,  197.     P.  S.  18. 


THE  Statutes.  1651 

Statutes  of  1883  —  Continued. 

Chap. 

14-L  Superseded.     1893,  409.     P.  S.  158. 

14().  Affected.     188(',,  15.     P.  S.  154. 

148.  Superseded.    1889,  77,321 ;  1892,248.    (See  1886,252.)   P.  S.llG. 

154,  §  1  amended.     1890,  240.     Affected,  1884,  226  ;   1893,  300,  416, 
§  11.     (See  1887,  411,  §§  90,  108;   1893,  3G7,  §§  90,  108.) 

157.  Affected.     1888,  289.     P.  S.  17. 

158.  Superseded.     1889,  440,  §10;   1891,  293.     P.  S.  4. 
163.  Affected.     1886,  296,  §  3.     P.  S.  35,  203. 

165.  Amended.     1887,  125.     P.  S.  11. 

166,  §  1  amended.     1884,  317.     (See  1893,  201.)     P.  S.  91. 
176.     In  part  repealed.     1884,  197.     P.  S.  154. 

178.  Superseded.     1887,  411,  §  127.    (See  1893,  367,  §  127.)     P.  S.  14. 

179.  Superseded.     1887,  411,  §   124.     (See  1893,  367,  §   124.     Res. 

1890,  67.)     P.  S.  14, 
181,     §  3  amended.     1886,  330  ;  1888,  248.     §§  1,  2,  3  amended,  1886, 
101,  §  4.     Affected,  1883,  232  ;   1893,  217,  252.     P.  S.  48,  86. 

195,  §  1  repealed.     1888,  449,  §  21.     P.  S.  119. 

196.  Repealed.     1888,  24.     P.  S.  5. 

199.  Affected.     1886,  276,  §  11.     P.  S.  92. 

200,  §  1  affected.     1886,  77.     P.  S.  116. 

203.     Repealed.     1888,   264,  §   3;   1889,  412.     (See   1884,   95;    1887, 

355.)     P.  S.  221. 
205.     Repealed.     1888,  274,  §  3.     (See  1892,  104,  328.)     P.  S.  152. 
208.     Affected.     1883,  173  ;  1892,  419,  §  138. 
212.     Affected.     1883,  105  ;  1887,  31 ;  1888,  256.     §  2  amended,  1888, 

333.     §  6  affected,  1885,  327.     P.  S.  20. 
217.     Affected.     1887,  32.     §  1  amended,  1888,  323.     P.  S.  11. 
219.     Affected.     1884,  122.     P.  S.  45. 

223.  Superseded.     1893,  280.     (See  1893,  194.)     P.  S.  146. 

224.  Repealed.     1890,  168.     (See  1883,  202.)     P.  S.  116. 

226,  §  2  affected.     1892,  290.     P.  S.  219. 

227,  §  3.  amended.     1883,  75;  1889,  122.     P.  S.  154. 

231.  Repealed.     1887,  423.     (See   1885,    124;    1888,  90,  §    2;    1890, 

369  )     P.  S.  116. 

232.  §  1  amended.  1886,  37,  §  2  ;  1890,  294.  P.  S.  159. 

233.  Amended.  1886,  165,  166.  §  6  in  part  supersede^^l,  1889,  19  ; 

1892,  93  ;  1893,  479.  P.  S.  154. 

237.     Extended.     1885,   283.     Amended,    1890,    427,    §    1.     Affected, 

1893,  340.     (See  1889,  442.)     P.  S.  176. 


1G52  Cha:n^ges  in 

Statutes  of  1882  —  Concluded. 
Chap. 

242.  Affected.     1885,  90.     P.  S.  100. 

243.  Repealed.     1888,  390,  §  95.     P.  S.  12. 

244.  Affected.     1886,  125.     Extended,  1890,  181.     P.  S.  112,  115. 

245.  §  1  superseded  in  part.     1886,  15,  37,  130,  166  ;  1888,  195  ;  1889, 

97,  158,  174,  218,  277,  289  ;  1892,  100,  1893,  479.     §  2  super- 
seded, 1887,  160;  1892,  233.     P.  S.  154,  159. 

246.  Affected.     1885,  345,  §  6.     P.  S.  40. 

247.  Repealed.     1884,  298,  §  53.     (See  1890,  423  ;  1893,  417.)     P.  S.  6. 

250.  Repealed.     1885,  122.     P.  S    102. 

251.  Amended.     1885,121.     In  part  repealed,  1887,  216.     P.  S    117. 

252.  Repealed.     1892,  419,  §  138.     P.  S.  11,  104. 

253.  Superseded.     1891,  396.     P.  S.  9. 

257.     Superseded  in  part.     1887,  116.     P.  S.  2. 

260.     Repealed.     1890,  423,  §  228.     (See  1893,  417.)     P.  S.  7. 

263.     Amended.     1883,  263,   §   1;    1884,  289;    1886,   171.     Affected, 

1885,  352,  §  5;  1886,  317,  318;  1891,   319.     §   5  amended, 

1886,  101,  §  4.     P.  S.  208. 

265,  §  3  affected.     1884,  279.     P.  S.  112. 

266.  Affected.     1887,  218,  276  ;  1888,  426.     P.  S.  104. 

268.     Repealed.     1884,  298,  §  53.     (See  1890,  423,  §  228 ;  1893,  417.) 

P.  S.  6. 
270,     §  3  amended.     1886,  101,  §  4.     In  part  repealed,  1892,  318,  §  16. 

§  4  amended,  1884,  210;  1885,   176;  1893,  262.     (See  1889, 

309,  416;  1891,  194.)     P.  S.  48. 
272.     Affected.     1884,  76.     P.  S.  102. 
274,     §  2  repealed.     1883,  183,  §  3.     P.  S.  94. 

Statutes  of  1883. 

33.     Repealed.     1887,214,  §   112.     (See  1891,  368;  1892,  47.)     P. 

S.  119. 
36.     Repealed.     1886,  276,  §  11.     P.  S.  92. 

41,  §  1  affected.     1887,  86,  §  2.     P.  S.  11. 

42.  Repealed.     1890,  423,  §  228.     (See  1884,  299,  §§  29^32  ;  1886, 

262;  1888,  164;  1893,  417.)     P.  S.  7. 
48.     Superseded.     1887,  26.     P.  S.  15. 

52.  Amended.     1883,  248  ;  1886,  77.     P.  S.  116. 

53.  Superseded.     1888,  235.     P.  S.  154. 

54.  Superseded.     1886,  37  ;  1890,  294.     P.  S.  159. 

55.  Superseded.     1891,  292.     (See  1885,  369,  §  3  ;  1888,  85  ;  1889, 

440.)     P.  S-  4. 


THE  Statutes.  1653 

Statutes  of  1883  —  Continued. 

Chap. 

57.  Superseded.     1885,  155,  §  5.     P.  S.  155. 

61.  Affected.     1888,180.     P.  S.  26. 

62.  Affected.     1886,  281 ;  1888,  346.     P.  S.  183. 

71.  Superseded.     1892,  96.     (See  1886,  73;  1889,  103.)     P.  S.  11. 

76.  Affected.     1884,  199  ;  1886,  163  ;  1889,  392  ;  1890,  336.    P.  S.  91. 

78.  Affected.     1885,  339,  §  3  ;  1886,  319,  §  2.     P.  S.  87. 

80,  §  2  superseded.     1886,  106,  §  2.     P.  S.-154. 

93.  Superseded.     1890,  242.      (See  1887,  86.)     P.  S.  11. 

97,  §  2  superseded.     1891,  107.     (See  1888,  233  )     P.  S.  117. 

98.  Affected.     1885,  121  ;  1887,  216.     P.  S.  117. 
101.  Repealed.     1888,  390,  §  95.     P.  S.  12. 

105.  Affected.     1887,  31  ;  1888,  333.     P.  S.  20. 

107.  Repealed.   '1887,  214,  §  112.     P.  S.  119. 

110.  Amended.     1886,  101,  §  4.     P.  S.  89. 

113.  Affected.     1883,  154.     P.  S.  1. 

117.  Amended.     1888,  240.     Extended,  1891,  129.     P.  S.  112. 

118.  Affected.     1889,  457.     P.  S.  68. 

120.  Superseded.     1887,  448,  §  2.     (See  1892,  388.)     P.  S.  99. 

124,  §    1    superseded.     1888,    306,    §    2.     §    2    amended,    1887,   335. 

P.  S.  32. 

126.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

133.  Superseded.     1889,  193.     P.  S.  80. 

138.  Amended.     1886,  101,  §  4  ;  1893,  302.     (See  1884,  98.)    P.  S.  80. 

142.  Affected.     1889,  299.     P.  S.  82. 

145.  Affected.     1884,  237;  1886,  210.     P.  S.  50. 

148,  §§  2,  3  amended.     1889,  90.     P.  S.  87. 

156.  Extended.     1887,  147;  1888,  436,  §  28.     P.  S.  203. 

157.  Limited.     1884,  275,  §  4.    Affected,  1887,  280  ;  1892,  357.    P.  S. 

48,  74. 

158.  Amended.     1889,  288.     P.  S.  32. 

164.  Repealed.     1886,  38.      (See  1886,  334.)     P.  S.  16. 

168.  Affected.     1892,  331.     P.  S.  68. 

173.  Repealed.     1892,  419,  §  138.     P.  S.  104. 

174.  Affected.     1886,  236  ;  1887,  433,  §  4.     (See  1893,  208.)    P.  S.  44. 

175.  Affected.     1«90,  202.     P.  S.  155. 

187.  Affected.     1884,  169.     (See  1893,  418.)     P.  S.  102. 

202.  Repealed.     1890,  168.     P.  S.  116. 

203.  Repealed.     1893,  417.     (See  1886,  150.)     P.  S.  27. 

216.  Amended.     1886,  51 ;  1887,  289.     (See  1888,  282.)     P.  S.  159. 


1654  Changes  in 

Statutes  of  1883  —  Concluded. 

Chap. 

217.  Aflfected.     1887,  447,  §  8  ;  1888,  189,  403,  §  2  ;  1891,  371.    P.  S. 

219,  220,  221. 

218.  Amended.     1884,  70.     P.  S.  60. 

221.     Extended.     1889,  398,  434.     P.  S.  27,  109. 

223.  Affected.     1885,  384.     §  5  amended,  1884,  316  ;  1892,  440.     §  7 

amended,  1893,  61.     §  17  affected,  1887,  383.     P.  S.  151, 152. 

224.  Eepealed.     1888,  348,  §  12.     (See  1885,  222  ;  1892,  352.)    P.  S. 

48. 

229.  Eepealed.  1890,  423,  §  228.  (See  1885,  261;  1891,  32;  1893, 

417.)  P.  S.  7. 

230.  Repealed.  1887,94.  P.  S.  58. 

232.     Affected.     1893,217,252.     §  3  amended,  1886,  101,  §  4.     (See 

1886,  330,  §  2  ;  1888,  248.)  P.  S.  84. 
235.  Eepealed.  1887,  214,  §  112.  P.  S.  119. 
239.     In  part  repealed.     1886,  298.     P.  S.  87. 

243.  Affected.     1887,270;  1888,155;  1892,  260;  1893,  359.     P.  S. 

112. 

244.  Superseded.     1893,  469.     (See  1888,  112.)     P.  S.  158. 

251.  Eepealed   so   far   as   it   relates   to   Boston.      1892,  419,  §   138. 

Affected,    1884,    223;    1888,    86.     §    2    repealed,    1888,    426, 
§  14.     P.  S.  104. 

252.  Extended.     1889,  197.     P.  S.  18. 

257.  Affected.     1884,  307  ;  1885,  150.     P.  S.  60. 

258.  In  part  repealed.     1886,  300;  1887,  214,  §  112.     P.  S.  116,  119. 
260.     Affected.     1887,  98.     P.  S.  97. 

262.  Not  repealed  by  1885,  302.     P.  S.  82. 

263.  Superseded.     1884,  289,  §  6.     (See  1891,  319.)     P.  S.  208. 

267.  Affected.     1887,  447  ;  1888,  403  ;  1889,  294.     P.  S.  221. 

268.  See  1893,  355.     P.  S.  209. 

Statutes  of  1884. 

4.  Superseded.     1888,  115.     P.  S.  31. 

8.  Superseded.     1891,  411.     P.  S.  15. 

14,  §  2  amended.     1887,  128.     P.  S.  5. 

15,  §  1  repealed.     1889,  101.     (See  1890,  239.)     P.  S.  15. 
22,  §  1  repealed.     1891,  177.     P.  S.  43. 

34.  Eepealed.     1889,  301,  §  10.     (See  1890,  447.)     P.  S.  30. 

38.  Superseded.     1891,  429.     (See  1887,  221.)     P.  S.  15. 

42.  Affected.     1886,  76.     P.  S.  27. 


THE  Statutes.  1655 

Statutes  of  1884  —  Continued. 
Chap. 

45.  Superseded.     1887,  411,  §  128.    (See  1893,  307,  §  128.)    P.  S.  14. 

52.  Affected.     1888,  426.     (See  1892,  419.)     P.  S.  104. 

55.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

56.  Repealed.     1884,  168.     (See  1886,  69.)     P.  S.  116. 
58.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

64.  Amended.     1885,  198.     P.  S.  47. 

Go.  Superseded.     1887,  318.     P.  S.  154. 

74.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

78.  Affected.     1887,  404  ;  1891,  265.     P.  S.  39. 

79.  Superseded.     1888,  385.     P.  S.  15. 
88.  Repealed.     1886,  298.     P.  S.  87. 

95,  §  1  repealed.     1889,  412,  §  2.     (See  1888,  264.)     P.  S.  221. 

98,  §  1  revised.     1890,  102.     §  2  added  to,  1891,  188.     (See  1893, 

302.)     P.  S   80. 

103.  Affected.     1885,  161.     P.  S.  44. 

118.  Repealed.     1887,217.     P.  S.  156. 

119.  Repealed.     1887,  214,  §  112.     (See  1891,  233.)     P.  S.  119. 

120.  Repealed.    1887,  214,  §  112.  (See  1891,  368  ;  1892,  47.)  P.  S.  119. 
125.  Repealed.     1888,  437,  §  6.     P.  S.  28. 

129.  Affected.     1891,  321  ;  1892,  245,  §  7.     P.  S.  29. 

131.  Affected.     1884,  291.     P.  S.  130. 

140.  la  part  superseded.     1887,  156.     P.  S.  156. 

152.  Affected.     1884,  255,  §§  33,  34;  1886,  323;  1888,  317.     P.  S. 

220,  221. 

155.  Superseded.     1890,  309.     P.  S.  48. 

162.  Repealed.     1888,  390,  §  95.     P.  S.  12. 

166.  Repealed.     1885,  369,  §  4.     (See  1889,  440.)     P.  S.  4. 

168.  Affected.     1886,69.     P.  S.  116. 

171.  Amended.     1890,  193  ;  1891,  138.     (See  1888,  276.)     P.  S.  91. 

174.  Extended.     1886,  328.     P.  S.  203. 

177.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

178.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

179.  Affected.     1888,  322.     §§  3,4  amended,   1890,    58;    1891,    54. 

P.  S.  16. 

180.  Revised.     1887,  214,  §§  62-64.    Extended,  1889,  378.     P.  S.  106. 

181.  In  part  repealed.     1886,  174.     §    9    repealed,  1888,   437,    §    6. 

(See  1885,  156.)     P.  S.  31. 

185.  Affected.     1886,  259,  §  2.     P.  S.  102. 

188.  Superseded.     1893,  396,  §  56.     P.  S.  154. 


1656  Changes  in 

Statutes  of  1884  —  Coyitinued. 

Chap. 

190.  Repealed.     1885,  186.     P.  S.  103. 

191.  Affected.     1884,  286:  1887,  406;  1888,  297.     P.  S.  100. 

192.  Superseded.     1893,  469.     P.  S.  158. 

193.  Amended.     1889,  432.     P.  S.  214. 
197,  §  1  superseded.     1887,  117.     P.  S.  154. 

199.     Affected.     1886,  163  ;  1889,  292  ;  1890,  336.     P.  S.  91. 

204.     Superseded.     1891,  190.     P.  S.  154. 

210.     Superseded.     1885,  176.     (See  1893,  262.)     P.  S.  207. 

212.     Affected.     1885,  256;  1890,  293;  1891,  122.     Amended,  1887, 

314.     P.  S.  91. 
215,     §  3  amended.     1888,  212.     §   4  amended,  1885,  286.     In    part 

superseded,  1893,  417.     P.  S.  154. 
217.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

222.  Affected.     1886,  242.     P.  S.  112. 

223,  §  2  amended.     1888,  86.     Repealed  so  far  as  relates  to  Boston, 

1892,  419,  §  138.     P.  S.  104. 
226.     Affected.     1887,  124.     P.  S.  51. 

230.  Superseded.     1893,367.     (See  1887,  411.)     P.  S.  14. 

231.  Affected.     1886,  333  ;  1887,  227.     P.  S.  154. 

232.  Affected.     1885,  378;   1887,  250,   252;    1892,   195,  432;    1893, 

306.     P.  S.  58,  90. 

234.  §  3  amended.     1886,  101,  §  4.     P.  S.  87. 

235.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

236.  Amended.     1885,   353;    1889,  406.     Affected,   1888,   405.     §    9 

amended,  1890,  387.     P.  S.  157. 

237.  Affected.     1886,  210.     P.  S.  51. 

242.  Repealed.     1888,  390,  §  95.     (See  1886,  320.)     P.  S.  12. 

247.  Repealed.     1885,  141.     (See  1889,  197.)     P.  S.  155,  169. 

248.  Superseded.     1893,  469.     P.  S.  158. 

249.  Affected.     1893,  191.     P.  S.  148. 
253.  Amended.     1889,  91.     P.  S.  116. 

255.  Added  to.  1884,  331  ;  1885,  35.  Affected,  1885,  356,  365  ;  1886, 
323  ;  1887,  447 ;  1888,  49,  317.  §  2  amended,  1886,  101,  §  4. 
§  11  affected,  1884,  323,  §  4.  §§  19,  22  repealed,  1888,  335, 
§3.  §§  28,  30  amended,  1888,  403,  §  7.  §  30  in  part  repealed, 
1888,337,  §2.    §  35  amended,  1887,  395  ;  1888,  317.    P.  S.  221. 

258,     §  2  amended.     1886,  101,  §  4.     P.  S.  86. 

264.     Amended.     1892,  196.     P.  S.  91. 

269,     §  2  amended.     1892,  206.     P.  S.  69. 


THE  Statutes.  1657 

Statutes  of  1884  —  Continued. 
Chap. 
275.     Affected.     1887,  280,  §  1  ;  1888,  348  ;  1890,  183  ;  1892,  83,  352, 

357.     §  1  superseded,  1892,  357.     (See  1887,  215,  330.)     P.  S. 

48,  74. 
282.     Repealed.     1887,111.     P.  S.  92. 
284.     Affected.     1885,  220,  §  1  ;  1886,  299.     P.  S.  91. 
289,     §§1,2  amended.     1886,  101,  §    4.     §    1   repealed,  1891,    319. 

Affected,  1886,  117.     P.  S.  58. 
296      Repealed.     1887,  214,  §  112.     P   S.  119. 

297.  §    3    amended.       1891,    299.      §    4    amended,    188G,    101,    §    4. 

P.  S.  88. 

298.  Repealed.  1890,  423,  §  228.  (See  1885,  271,  §  6;  1886,  68, 

§  2,  264,  §§  4,  5;  1887,  432;  1888,  200;  1889,  404;  1892, 
351  ;  1893,  417.)  P.  S.  6. 

299.  Repealed.  1890,  423,  §  228.   (See  1885,  142,  351  ;  1887,  443 ; 

1888,164,353,436,437;  1891,  264;  1892,  351;  1893,417.) 

P.  S.  7. 
301.     Superseded.     1885,255.     (See  1887,  290.)     P.  S.  124,  147. 
304.     Affected.     1889,459.     §  1  amended,  1890,  154.     (See  1890,  451.) 

P.  S.  167. 

306.  Affected.    1887,  382,  §  3,  385,  §  4.     P.  S.  109. 

307.  §  2  amended.      1885,  150.     P.  S.  60. 

308.  Affected.     1890,  403.     P.  S.  92. 

310,  §  1  amended.  1886,  317.  P.  S.  56.  §§  3,  4  amended,  1886, 
318.     (See  1885,  352;  1891,  58,  412.)     P.  S.  57. 

313,  §  2  amended.  1892,  411.  Affected,  1885,  384,  §  1  ;  1887,  383, 
§  4.     P.  S.  192. 

316.  Amended.     1892,  440.     P.  S.  152. 

317.  See  1893,  201.     P.  S    91. 

318.  §  3  not  affected  by  1886,  234.     P.  S.  91. 

319.  §  1  superseded.     1892,  59.     (See  1886,  352.)     P.  S.  2. 

320.  Affected.     1887,   345,    364,   437;    1889,    177,    473;    1891,    140; 

1893,  253.  Extended,  1889,  352.  Added  to,  1891,  140.  §  4 
amended,  1888,  334.  §  15  amended,  1893,  95.  §  17  amended, 
1889,  183.  §  19  amended,  1888,  253.  §  20  amended,  1889, 
177,351.      (See  1888,  41.)     P.  S.  21. 

322,  §  3   amended.     1890,   358.     §§    7,  9  amended,  1886,   101,   §  4. 

P.  S.  87. 

323.  Affected.     1885,  86,  151.     P.  S.  89. 
328.     Repealed.     1892,  101.     P.  S.  15. 


1658  Changes  jn 

Statutes  of  1884  —  Concluded. 

Chap. 

329.  Affected.     1888,  1.     P.  S.  2. 

330.  Affected.     1886,  230;  1888,  321  ;  1890,  321.     §§  1,  2  extended, 

1889,  393.     P.  S.  105. 
333.     Superseded.     1887,  128.     P.  S.  5. 

Statutes  of  1885. 

5.     Repealed.     1890,  423,  §  228.    (See  1885,  351 ;  1893,  417.)   P.S.  7. 
15.     Repealed.     1886,38.     (See  1891,  233.)     P.  S.  16. 
24,     §  1  revised.     1890,302.     (See  1885,  371.)     P.  S.  2. 
32.     Affected.     1890,  257.     P.  S.  21. 
40.     Affected.     1892,  268.     P.  S.  26. 
42.     Affected.     1889,  170  ;  1892,  268.     P.  S.  154. 
45.     Superseded.     1893,  396,  §  17.     P.  S.  154,  161. 
62.     Repealed.     1888,  328.     P.  S.  219. 

59.  Affected.     1888,  405.     Amended,  1892,  209.     P.  S.  157. 

60.  Extended.     1891,  218.     P.  S.  27,  28. 
67.     Affected.     1888,  161.     P.  S.  44. 

77.     Superseded.     1891,411.     P.  S.  15. 

79.     Affected.     1886,  124.     P.  S.  154. 

83.     Affected.     1885,  323,  §  2.     P.  S.  100,  102. 

87.     Superseded.     1891,410.     P.  S.  15. 

98.     Affected.     1885,  122.     P.  S.  59. 

106.  Superseded.     1890,  242;    1891,   65.     (See   1886,56;  1887,86.) 

P.  S.  11. 

107.  Repealed.  1890,  423,  §  228.  (See  1886,  262;  1893,  417.) 

P.  S.  8. 

108.  Repealed.     1890,  423,  §  228.     (See  1893,  417.)     P.  S.  7. 

111.     Affected.     1886,  69  ;  1887, 196  ;  1888,  213  ;  1890,  168.     P.  S.  116. 
121.     Affected.     1887,216.     P.  S.  117. 

123.  Affected.     1890,  196;    1891,   149;    1892,    147.     (See    1893,78, 

403.)     P.  S.  54. 

124.  Repealed.     1887,423.     (See  1888,  90,  §  2  ;  1890,  369.)     P.S.  116. 

131.  Affected.     1887,  256  ;  1888,  389,  426,  §  13  ;  1891,  302,  357,  §  6. 

P.  S.  103. 

132.  See  1893,  396,  §  63.     P.  S.  154. 

134.     In  part  repealed.     1886,  218.     P.  S.  152. 
137.     Superseded.     1893,  479.     P.  S.  154. 

141.  Affected.     1889,  197.     P.  S.  169. 

142.  Repealed.     1890,    423,    §    228.      (See    1888,   436;    1893,    417.) 

P.  S.  7. 


THE  Statutes.  1G59 

Statutes  of  1885  —  Continued. 

Chap. 

14-i.  Kcpcaled.     1886,53.     P.  S.  213. 

147.  Superseded.     1893,  367,  §  96.     (See  1887,  411.)     P.  S.  14. 

148.  Repealed.     1887,  252,  §  24.     (See  1892,  195.)     P.  S.  90. 

155.  Aflfected.     1887,  322.     P.  S.  154. 

156.  Repealed.     1888,  437,  §  6.     P.  S.  28. 

157.  See  1893,  300,  §  6,  331.     P.  S.  27. 

158.  Amended.     1886,  101,  §  4.     P.  S.  80. 

159.  Superseded.     1893,  417.     P.  S.  7. 

165.  Superseded.     1893,469.     (See  1889,  211.)     P.  S.  158. 

168.  Superseded.     1889,250.     P.  S.  17. 

173.  Repealed.      1889,    301,    §    10.      (See    1886,    39;    1890,   447.) 

P.  S.  30. 

176.  Amended.     1893,262.     P.  S.  207. 

178.  Superseded.     1887,  281.    P.  S.  29. 

180.  Superseded.     1891,107.     (See  1888, 233.)     P.  S.  154. 

183.  Superseded.     1890,  421.     (See  1892,  435.)    P.  S.  119. 

193,  Repealed.     1887,  120.     P.  S.  91. 

194,  §  4  amended.     1887.  295.     Shall  not  apply  to  provisions  of  1890, 

428.     (See  1891,  33,  123,  262;  1892,  312;  1893,  283,  424.) 
P.  S.  112. 

195,  §   1  superseded.     1889,  70.     §   2  superseded,  1891,  375.     (See 

1887,  30.)     P.  S.  16. 

204.  Repealed.  1889,  301,  §  10.  (See  1886,  89,  110;  1887,  122.) 

P.  S.  30. 

205,  §    1    amended.      1888,    280.     Affected,    1889,    218;    1892,    230. 

P.  S.  158. 
211.     Amended.     1891,  153.     (See  1887,  440.)     P.  S.  86. 
214.     Repealed.     1889,  279,  §  11.     (See  1892,  291.)     P   S.  30. 
216.     Affected.     1888,    254,    262;    1889,    347.     Limited.     1889,    186. 

Extended,  1889,  361.     P.  S.  100. 
220,     §  3  repealed.     1888,  223,  §  5;    1892,   188,   §   6.     §    4    repealed, 

1887,96.     (See  1888,  238.)    P.  S.  91. 
222.     Repealed.     1888,  348,  §  12.     (See  1889,  291;   1890,  183,  299; 

1892,83,352,357.)     P.  S.  48. 
229.     Repealed.     1890,  423,  §  228.     (See  1893,  417.)     P.  S.  7. 
236.     Superseded.     1887,  411.     (See  1890,  425  ;  1891,  232  ;  1893,  367.) 

P.  S.  14. 
238.     Amended.     1886,  270.     P.  S.  13. 
240.     Rights  under,  not  affected  by  1891,  189.     P.  S.  106. 


1G60  Changes  in 

Statutes  of  1885  —  Continued. 
Chap. 

241.  Repealed.     1887,  214,  §  112.     (See  1893,  117.)     P.  S.  119. 

242.  Repealed.     1889,  192.     P.  S.  130. 

246.  Repealed.    1890,  423,  §  228.    (See  1892,  351 ;  1893,  417.)    P.  S.  7. 

248.  Repealed.     1890,  423,  §   228.     (See   1888,  436,  §§   10,  26,  29; 

1893,  417.)     P.  S.  7. 

252.  Repealed.     1890,416,  §7.    (See  1888,  388  ;  1892,  428.)    P.  S.  102. 

255.  Affected.     1887,  290.     P.  S.  147. 

260.  Amended.     1890,  265.    P.  S.  130. 

261.  Repealed.     1890,  423,  §  228.     (See  1891,  32.)     P.  S.  27. 

262.  Repealed.     1890,  423,  §  228.     (See  1892,  224,  §  4.)     P.  S.  7. 
265,  §  2  amended.     1886,  101,  §  4.     (See  1885,  379  ;  1887,  310  ;  1888, 

306,  §  2.)     P.  S.  82. 
268.     Repealed.      1890,   423,    §    228.      (See   1891,    264;    1893,    417.) 

P.  S.  7. 
271.     Repealed.     1890,423,  §  228.     (See  1886,  6S,  264;  1892,  351; 

1893,  417.)      P.  S.  6. 
275.     Superseded.     1893,  4G9.     P.  S.  158. 
277.     Superseded.     1889,  303  ;   1892,  354,  399.     P.  S.  22. 
283.     Amended.    1890,  427,  §  1.     (See  1889,  442  ;  1893,  340.)     P.  S. 

176. 

291.  Amended.     1887,74;    1892,133.     Extended,  1893,  404.     (See 

1887,  24;  1889,  324.)     P.  S.  159. 

292.  Limited.     1887,  307.     P.  S.  102. 

293.  Affected.     1888,  346,  §  1.     (See  1887,  286.)     P.  S.  178. 
300.     Repealed.     1887,  214,  §  112.     P.  S.  119. 

302.  Extended.      1892,  165.     P.  S.  80,  82. 

303.  See  1887,  339.     P.  S.  203,  221. 

304.  Amount  increased.     1890,  192.     P.  S.  158. 

305.  See  1890,  70.     P.  S.  207. 

308.  Repealed.     1887,  214,  §  112.     P.  S.  119. 

309.  Extended.     1887,  445.     P.  S.  102. 

312.  Affected.     1891,  221  ;  1893,  23,  225,  §  3,  247,  445.    §  4  amended, 

1889,  372.     P.  S.  29. 

313.  Affected.     1893,  472.     §  3  repealed,  1887,  267.     §  9  amended, 

1893,  227.     P.  S.  80. 

314.  Affected.     1887,    385;    1888,  350,  428;   1891,  370;    1892,  259, 

263.  §  1  amended,  1889,  373.  §  5  repealed,  1891,  351. 
§§  6,  7,  9,  12,  13,  14  extended,  1887,  382.  §  7  amended, 
1886,  3i6,  §  2.     P.  S.  61. 


THE  Statutes.  IGGl 

Statutes  of  1885  —  Concluded. 

Chap. 

31i;.     Extended.     1893,  43G.     P.  S.  207. 

318.     Superseded.     1893,  409,     P.  S.  158. 

320.  "§  2  amended.     1880,  101,  §  4.     P.  S.  222. 

321.  Repealed.     1880,  13.     P.  S.  101. 

322.  Superseded.     1893,  390,  §  34.     (See  1887,  293.)     P.  S.  154. 
320.  Repealed.     1888,  420,  §  14.     (See  1892,  419.)     P.  S.  104. 
327.  Affected.     1887,  31,  212  ;  1888,  333  ;  1889,  111.     P.  S.  20. 
334.  Affected.     1891,  129,  204.     (See  1890,  173.)     P.  S.  112. 

339.     Affected.     1885,385;  1880,  319;   1887,  340;   1889,  414;  1890, 
414;  1891,  158;  1892,  53,  229.     P.  S.  87. 

341.  Repealed.     1887,  98,  §  10.     P.  S.  97. 

342.  Aft'ected.     1887,  448 ;  1892,  388.     P.  S.  99. 

344.  Affected.     1891,  200;  1893,  301.     P.  S.  19. 

345.  Amended.     1880,  45,  203;  1891,419.     §  5  amended,  1887,  30. 

§  7  repealed,  1887,  329.     (See  1888,   257,  §  4;    1891,   180; 
1892,  348;  1893,  370,  417.)     P.  S.  100. 
348.     Affected.     1887,  113.     P.  S.  110. 

351.  Repealed.     1890,  423,  §  228;  1893,  417.     P.  S.  7. 

352.  Amended.     1880,  317,  318.     (See  1891,  58,  412.)     P.  S.  50,  57. 

353.  Affected.     1888,  405  ;  1889,  400  ;  1890,  387.     P.  S.  157. 

354.  Repealed.     1887,  214,  §  112.     P.  S.  119. 
358.     See  1893,  418.     P.  S.  102. 

305.     Affected.     1880,  323  ;  1888,  49  ;   1892,  302,  303.     P.  S.  207. 
309.     Repealed.     1889,  440,  §    14.     (See  1888,  191;    1890,  97,  120; 
1891,  292.)     P.  S.  4. 

374.  Repealed.     1892,  419,  §  138.     P.  S.  104. 

375.  In  part  repealed.     1891,  427,  §  8.      (See  1892,  303.)     P.  S.  207. 
370.     Affected.     1889,185.     (See  1890,  408  ;  1893,  379.)     P.  S.  144. 

378.  Affected.     1887,  252;  1892,  195,  423;  1893,  300.     P.  S.  58,  90. 

379.  In   part   superseded.     1890, '213;    1892,    280.     Affected,    1887, 

310;  1888,  300,  §  2.     P.  S.  20. 
382,     §§  2,  4-10  repealed.     1892,  419,  §  138.     P.  S.  104. 

384,  §    14   affected.     1880,  223;    1887,   50,    383;    1890,   374;    1892, 

127,  109.     P.  S.  152,  178. 

385.  Affected.     1880,  319  ;  1887,  307  ;  1890,  414  ;  1892,  229.     P.  S.  87. 
15,     §  0  in  part  superseded.     1892,  100.     P.  S.  154. 

31.     Superseded.     1892,  271.     (See  1888,  58.)     P.  S.  152. 
37,     §  2  amended.     1890,   294.     (See   1887,  243;   1888,  357,   371.) 
P.  S.  159. 


1662  Changes  in 


Statutes  of  1886. 

Chap, 

38.  In  part  superseded.     1886,   334;  1889,  349.     (See  1891,  233.) 

P.  S.  16. 

39.  Repealed.     1889,  301,  §  10.     (See  1887,  122.)     P.  S.  30. 

45.  Added  to.     1891,  180.     Affected,  1886,  203;   1891,  419;  1892, 

348.     (See  1893,  376.)     P.  S.  160. 

49.  Repealed.     1890,  423,  §  228.     (See  1888,  434,  436,  §   10;  1893, 

417.)     P.  S.  7. 

61.  Amended.     1887,  289.     P.  S.  188. 

56.  Superseded.     1887,  86  ;  1890,  242  ;  1891,  65.     P.  S.  11. 

63.  Superseded.     1887,411.     (See  1893,  367.)     P.  S.  14. 

66,  §  1  repealed.     1891,  24.     P.  S.  5. 

68.  Repealed.     1890,  423,  §  228.     (See  1888,  200,  206;  1892,  351  ; 

1893,417.)     P.  S.  6. 

69.  Affected.     1887,  196;  1888,  213;  1890,  168.     P.  S.  116. 
73.  Superseded.     1892,  96.     (See  1889,  103.)     P.  S.  11. 

78.  Repealed.     1890,  423,  §  228.     P.  S.  7. 

82.  Repealed.     1887,  391,  §  4.     P.  S.  98. 

85.  Superseded.     1888,362.     P.  S.  11. 

87.  Amended.     1887,  399.     §  2  amended,  1891,  239.     P.  S.  74. 

90.  Repealed.     1887,  280,  §  2.     P.  S.  74. 

93.  Affected.     1889,  180;  1893,  254.     P.  S.  116. 

95.  Repealed.     1890,  168.     P.  S.  116. 

101,  §  3  amended.     1889,  370.     P.  S.  79. 

105.  Superseded.     1887,411.     (See  1893,  367.)     P.  S.  14. 

106.  Superseded.     1893,  479.     P.  S.  154. 
110.  Repealed.     1889,  301,  §  10.     P.  S.  30. 

124.  Superseded.     1893,  479.     P.  S.  154. 

125.  Extended.     1890,  181.     (See  1887,  270,  §  6.)     P.  S.  115. 
130.  In  part  superseded.     1888,  495.     P.  S.  154. 

137.  See  1890,  266.     P.  S.  134. 

154.  Superseded.     1891,  162.     P.  S.  154. 

155.  Superseded.     1889,  28.     P.  S.  154. 
158.  Superseded.     1893,  479.     P.  S.  154. 

163.  Affected.     1889,  292 ;  1890,  336.     P.  S.  91. 

166.  Superseded.     1893,  479.     P.  S.  154. 

167.  Superseded.     1893,  479.     P.  S.  154. 

169.  Repealed.     1887,   438.     (See    1888,  275;    1890,  204,  216,  306, 
380.)    P.  S.  16. 


THE  Statutes.  1663 

Statutes  of  1886  —  Continued. 

Chap. 

173,  §  1  amended.     1890,  179.     P.  S.  104. 

175.  Superseded.     1887,  232.     P.  S.  100. 

183.  Superseded.     1893,  4G9.     P.  S.  lo8. 

184.  Superseded.     1893,  469.     (See  1889,  251.)     P.  S.  158. 
187.  Repealed.     1887,  214,  §  112.     (See  1888,  84.)     P.  S.  119. 

189.  Superseded.     1893,  4G9.     P.  S.  158. 

190,  §  2  in  part  superseded.     1893,  479.     P.  S.  154. 

192.     Limited,  and  §4  repealed.     1891,  327.     (See  1887,  197;   1890, 

229;  1893,  205.)     P.  S.  91. 
194.     Limited.     1890,  289.     P.  S.  83. 

202.  Repealed.     1887,  120.     P.  S.  91. 

203.  Amended.     1891,  419.     Affected,  1892,  348.     (See   1891,  180; 

1893,  376.)     P.  S.  160. 

207.  Affected.  1892,  333.     P.  S.  37. 

210.  Affected.  1892,  245.     (See  1892,  402.)     P.  S.  50. 

216.  Affected.  1888,  425  ;  1889,  402.     P.  S.  17. 

219.  Affected.  1887,  367.     P.  S.  79. 

222.  Repealed.  1887,  214,  §  112.     (See  1893,  54.)     P.  S.  119. 

223.  Affected.  1892,  127.     P.  S.  151. 

230.  Affected.     1891,  341.     P.  S.  105. 

231.  Superseded.     1889,465.     (See  1888,  158.)     P.  S.  11. 
234.     Affected.     1891,52.     P.  S.  91. 

236.  Affected.     1887,  433,  §  4.     (See  1893,  208.)     P.  S.  44. 

237.  Superseded.     1887,  411,  §  13.     (See  1893,  367,  §  13.)    P.  S.  14. 

238.  Superseded.     1891,410.     P.  S.  15. 

241.     Repealed.     1888,239.     (See  1887,  179  ;  1889,  226.)     P.  S.  41. 

250.  Amended.     1890,  252  ;   1892,  67.     P.  S.  61. 

251.  Superseded.     1889,  339;  1891,  79;  1892,  298,  1893,  288,  291. 

P.  S.  22. 

252.  Superseded.     1889,  77,  321  ;  1892,  248.     P.  S.  116. 

259,  §  1  repealed.    1889,  454,  §   6.     §  2  amended,  1887,  135.     P.  S. 

102. 

260,  §  1  amended.     1890,  83.     Affected,  1893,  111.     P.  S.  74,  103. 

262.  Repealed.     1890,  423,  §  228.     (See  1893,  417.)     P.  S.  7,  27. 

263.  Amended.     1887,  269.    Affected,  1892,  382.    §  1  amended,  1888, 

261.     §  4  amended,  1890,  385.     P.  S.  74. 

264.  Repealed.     1890,  423,  §  228.     (See  1888,  146  ;  1891,  242  ;  1892, 

190,  405;  1893,  417.)     P.  S.  7. 
274.     Repealed.     1888,  375.     (See  1890,  441.)     P.  S   80. 


1664  Changes  in 

Statutes  of  1886  —  Concluded. 
Chap. 

276,  §  1  superseded.  1891,  142.  (See  1888,  292;  1893,  189,  398.) 
§  3  affected,  1890,  249.  §  6  limited,  1887,  300.  Added  to, 
1891,  254.  In  part  repealed,  1892,  102.  (See  1893,  49,  105.) 
P.  S.  92. 

281.     Affected.     1888,  345.     P.  S.  167,  183. 

283,     §  1  amended.     1889,  115.     (See  1888,  437.)     P.  S.  28. 

289.     Affected.     1890,  449  ;  1891,  144.     P.  S.  67. 

295.  Repealed.     1893,423.     (See  1888,  221  ;  1889,  191  ;  1890,  254  ; 

1893,  417,  §  266.)     P.  S.  27. 

296,  §4  affected.    1888,  199,  §  3.    (See  1889,  451,  §  8.)    P.  S.  35,  216. 
298,     §  4  repealed.     1887,  123.     P.  S.  87. 

305.  Amended.     1888,  391  ;    1893,  466.     P.  S.  202. 

307.  Superseded.     1893,479.     P.  S.  154. 

317.  Affected.     1891,  58,  412.     P.  S.  56. 

318.  Affected.     1891,  58,  412.     P.  S.  o6,  57. 

319.  Affected.     1892,  229.     §  3  superseded,  1890,  414,  §  2.     P.  S.  87. 

320.  Repealed.     1888,  390,  §  95.     P.  S.  12. 

323,  §§  2,  3  repealed.  1892,302.  (See  1888,  49  ;  1891,  427 ;  1892, 
303.)     P.  S.  221. 

328.  See  1887,  411,  §§  77,  79  ;  1893,  367,  §§  77,  79.     P.  S.  14,  203. 

329.  Affected.     1888,  311.     P.  S.  207. 

330.  Affected.     1888,  248.     (See  1893,  217,  252.)     P.  S.  48.     ' 

332.  Affected.     1887,  142,  §  3  ;  1888,  390,  §  95.     P.  S.  13. 

333.  §  2  superseded.     1887,  227.     P.  S.  154. 

334.  Amended.     1889,  349.     P.  S.  16. 

340.     Restricted.     1892,  50.     (See  1887,  307.)     P.  S.  102. 
342.     Extended.     1887,  320 ;  1891,  59.     P.  S.  146. 
346,     §§  1,  2,5  extended.     1887,382.    §  2  amended,  1888,  122.     (See 
1887,  385  ;  1888,  350  ;  1889,  169  ;  1892,  67,  263,  274.)    P.  S.  61. 
352.     Superseded.     1892,  59.     P.  S.  2. 
354,     §  6  superseded.     1887,  231.     P.  S.  35. 

Statutes  of  1887. 
24.     In  part  repealed.    1889,324.   (See  1887,  74  ;  1892, 133.)   P.  S.  159. 
26.     Superseded.     1893,  103.     P.  S.  15. 

30.  Superseded.     1891,  375.     (See  1888,  432.)     P.  S.  16. 

31.  Affected.     1888,  333.     P.  S.  20. 

38.  Repealed.     1888,  209,  §  2.     P.  S.  208. 

39.  Superseded.     1889,  209.     P.  S.  158. 


THE  Statutes.  lG(i5 

Statutes  of  IS 87  — Continued. 

Chap. 

61,  ^2  superseded.     1.S88,  89.     P.  S.  154. 

63.  Affected.     1889,  237,  269.     P.  S.  156. 

72.  Superseded.     1893,  469.     P.  S.  158. 

74.  Amended.     1892,  133.     (See  1893,  404.)     P.  S.  159. 

83.  Superseded.     1891,  411,  §  2.     P.  S.  15. 

86.  Superseded.     1890,  242.      (See  1891,  Qi>.)     P.  S.  11. 

87.  Extended.     1891,  384.     P.  S.  16. 

96,  §  1  limited.     1888,  238.     (See  1892,  188.)     P.  S.  91. 

103.  Amended.     1888,  305.     (See    1887,  173,  215,  218;   1888,  149, 

426  ;  1890,  438  ;   1891,  261.)     P.  S.  48,  74. 

105,  §  2  amended.     1890,  30.     P.  S.  91. 

110.  Superseded.   1888.  390.     P.  S.  12. 

112.  Superseded.     1888,257.     P.  S.  159. 

116.  Affected.     Res.  1892,  99.     P.  S.  2. 

122.  Repealed.      1889,    301,    §    10.       (See    1889,    279;     1890,    447.) 

P.  S.  30. 

127.  In  part  superseded.     1892,128.     P.  S.  103. 

128.  In  part  superseded.     1893,  358.      (See  1890,  456,  §  2.)     P.  S.  5. 

142.  Repealed.     1888,  390,  §  95.     P.  S.  12. 

143.  Aft'ected.     1890,  334.     P.  S.  203. 

147.  Repealed.     1890,423,  §  228.      (See  1888,  436,  §  28;  1889,  413, 

§  28.)     P.  S.  7. 

160.  In  part  superseded.     1889,  238  ;  1892,  233.     P.  S.  17. 

166.  Superseded.     1893,  469.     P.  S.  158. 

173.  Affected.     1887,  215.     P.  S.  48,  74. 

174.  Superseded.     1893,  479.     P.  S.  154. 

175.  Affected.     1889,  206.     P.  S.  154. 

178.  Affected.     1892,  353  ;  1893,  51.     P.  S.  103. 

179.  Repealed.     1888,239.     (See  1889,  226.)     P.  S.  41. 

180.  Superseded.     1891,  161.     P.  S.  154. 
193,  §  3  amended.     1891,  137.     P.  S.  91. 

196.  Amended.     1888,  213.     Affected,  1890,  168.     P.  S.  116. 

197.  Superseded.     1891,327.     (See  1890,  229.)     P.  S.  91. 
199.  Superseded.     1893,  190.     P.  S.  159. 

202.  Affected.     1889,    208;    1892,    305.     §    5    amended,    1890,    402. 

P.  S.  32. 

206.  Affected.     1890,  439  ;  1893,  226.     P.  S.  100,  115. 

208.  Superseded.     1893,  479.     P.  S.  154. 

209.  Superseded.     1893,  86.     (See  1892,  287.)     P.  S.  5. 


1G66  Changes  in 

Statutes  of  1887  —  Continued. 
Chap. 
212.     Amended.     1889,111.     (See  1888,  333.)     P.  S.  20. 

214.  Limited.    1888, 429,  §  19.    §  5  amended,  1888,  84.    §  7  amended, 

1890,  304.  §  16  affected,  1888, 199,  §  3.  (See  1889,  451,  §  8.) 
§  20  amended,  1891,  368  ;  1892,  47.  §  31  amended,  1888,  141. 
§  38  amended,  1891,  289.  §§  42,  .V3,  44  revised,  1890,  26. 
§  51  amended,  1893,  54.  §  60  added  to,  1888,  151  ;  1891,  291. 
§  61  amended,  1893,  117.  §  62  amended,  1889,  378.  §  73 
amended,  1892,  372  ;  1893,  434.  §§  78-82  affected,  1890,  197. 
§§  79,  94  affected,  1893,  224.  §  80  amended,  1889,  356  ;  1891, 
195.  §  .82  amended,  1890,  304.  §  90  affected,  1892,  372. 
§  94  affected,  1891,  233.  (See  1887,  283;  1888,  154,  165; 
1890,  341,  400,  421  ;   1891,  163  ;   1892,  40,  129.)     P.  S.  119. 

215.  Affected.     1887,  280,   §    1.     Amended,    1887,  330.     (See  1888, 

348  ;  1890,  183  ;  1892,  83,  352,  357.)     P.  S.  48,  74. 

217.  Superseded.     1893,422.     P.  S.  156. 

218.  Affected.     1888,  149,  §  3,  316,  399,  426.     (See  1890,  438  ;  1891, 

261.)     P.  S.  103,  104. 

219.  Repealed.     1887,  276.     P.  S.  104. 
221.     Superseded.     1891,  429.     P.  S.  15. 

226.     Affected.     1887,  281  ;  1893,  247,  445.     P.  S.  U. 

234.     Extended.     1888,  181.     P.  S.  103,  220. 

243.     In  part  superseded.     1890,  294.     P.  S.  159. 

245.     Superseded.     1892,  143.     P.  S.  20. 

249.     Repealed.     1890,  423,  §   228.     (See  1892,  351,  §  2;  1893,  417.) 

P.  S.  27. 
252,     §§  12,  13  repealed.     1893,  306.     (See    1892,  195.)     P.  S.  58, 

80,  90. 
256.     Affected.     1888,  389,  426,  §  13  ;  1891,  302,  357,  §  6.     P.  S.  103. 
259.     Superseded.     1893,  469.     P.  S.  158. 

266.  Repealed.     1888,  248,  §  2.     P.  S.  89. 

267.  See  1893,  227,  472.     P.  S.  80. 

269.  Affected.     1892,382.     §   1   extended,  1888,  261.     §  3  amended, 

1890,  385.     P.  S.  74. 

270.  Amended.  1888,  155  :  1892,  260 ;  1893,  359.  (See  1890,  83.) 

P.  S.  74,  112. 

272.  Repealed.     1890,  423,  §  143,  228.     (See  1893,  417.)     P.  S.   7. 

273.  Repealed.     1893,  469.     P.  S.  158. 

274.  §  2  superseded.     1889,  92.     P.  S.  154. 
276.     Affected.     1886,  426,  §  14.     P.  S.  104. 


THE  Statutes.  1667 

Statutes  of  18<S7  —  Continued. 
Chap. 

280.  Affected.     1887,  330;  1888,  348  ;  1890,  183  ;  1892,  83,  352,  357. 

P.  S.  48,  74. 

281.  See  1893,  247,  445.     P.  S.  11. 

283.  Affected.     1888,  154;  1890,  197;  1892,  129.     P.  S.  13. 

293.  Superseded.     1893,  396,  §§  35,  39.     P.  S.  154. 

295.  Shall  not  apply  to  provisious  of  1890,  428.     P.  S.  112. 

310.  Affected.     1890,  213.     P.  S.  26. 

314.  Aft'ected.     1890,  293;  1891,  122.     P.  S.  91. 

320.  Extended.     1891,  59.     P.  S.  146. 

342,  §  2  in  part  repealed.     1891,  342.     P.  S.  13. 

355.  Eepealed,  so  far  as  inconsistent  with  1888,  264.     P.  S.  221. 

361.  Repealed.     1891,  125.     (See  1892,  410.)     P.  S.  74. 

362.  Affected.     1891,  249.     P.  S.  112. 
366.  Affected.     1893,  315.     P.  S.  113. 

371.     Repealed.     1890,  423,  §§  215,  228.     (See  1893,  417.)     P.  S.  27. 
373.     Extended.     1889,  286  ;  1891,  116  :  1893,  149.     P.  S.  11. 

382.  Affected.     1888,  350,  428;  1891,  370;    1892,  259,  263.     P.   S- 

61,  106. 

383.  See  1892,  440;  1893,  61.     P.  S.  151. 

385.  Affected.     1891,  370  ;  1892,  259,  263.     P.  S.  61,  106. 

391,  §  2  extended.     1893,  41.     P.  S.  98. 

399.  Amended.     1891,  239.     P.  S.  74. 

401,  §  1  amended.     1893,  197.     P.  S.  84. 

403.  Affected.     1892,  211.     P.  S.  221. 

404.  Extended.     1891,  265.     (See  1888,  326.)     P.  S.  38. 
406.  Amended.     1888,  297.     P.  S.  100. 

411.  Repealed.  1893,367.  (See  1888,  366,  384;  1889,  360;  1890, 
425;  1891,  232;  1892,  238,  366;  1893,  193,  231.  Res.  1890, 
67.)     P.  S.  11. 

422.  See  1892,  331.     P.  S.  68. 

423.  Repealed.     1888,  90.     (See  1890,  369.)     P.  S.  116. 

431.  Affected.     1889,  270  ;  1893,  472.     P.  S.  100. 

432.  Repealed.     1890,  423,  §  228.     P.  S.  6. 

433.  §   1  repealed.     1888,  348,  §  12.     §  2  amended,  1889,  135  ;  1890, 

48,  299  ;  1891,  317.     P.  S.  48,  74. 

437.  Affected.     1889,  473.     P.  S.  21. 

438.  Affected.     1888,  275  ;  1890,  380,  §  3  ;  1893,  270.     §  2  amended, 

1890,  306.     §  5  amended,  1890,  216.     (See  1890,  204,  215.) 
P.  S.  16. 


1668  Changes  in 

Statutes  of  1887  —  Concluded. 
Chap. 

440.  Affected.     1891,  153.     P.  S.  86. 

441.  §  2  in  part  repealed.     1890,  354;  1892,  407.     §  4  in  part  super- 

seded, 1889,  230,  §  2.     P.  S.  86. 

442.  Affected.  1888,  419  ;  1889,  415,  §  1  ;  1890,  128 ;  1891,  271,  407. 

P.  S.  162. 

443.  Repealed.  1888,  436,  §  6.   (See  1890,  423,  §§  83,  228;  1893, 

417.)  P.  S.  100. 

447.  Limited.  1888,  22.  §  5  repealed,  1891,  228.  §  7  repealed,  1888, 

403,  §  6.  §  12  amended,  1888,  403,'  §  4.  (See  1888,  189  ; 
1891,  209,  371.)  P.  S.  220,  221. 

448,  §  1  superseded.  1892,  388.  (See  1890,  439.)  P.  S.  99. 

Statutes  of  1888. 

22.  Amended.     1888,  403,   §  5.      (See    1888,  189;    1891,  209,  228, 

371.)     P.  S.  220,  221. 

23.  Repealed.     1890,  97.     (See  1889,  440,  §  14.)     P.  S.  4. 
41.     Superseded.     1889,  177.     P.  S.  21. 

46.  See  1893,  173.     P.  S.  192. 

54.  Superseded.     1893,  479.     P.  S.  154. 

58."  Superseded.     1892,  271.     P.  S.  152. 

63.  Superseded.      1888,    306,    §    1  ;    1893,   263.      (See    1889,    224.) 
P.  S.  32. 

85.  Repealed.     1891,  292.     (See  1889,  440,  §  14.)     P.  S.  4. 

86.  Affected.     1892,  419.     P.  S.  104. 
88.  Superseded.     1893,  479.     P.  S.  154. 
90.  Amended.     1890,  369.     P.  S.  116. 

105.  Affected.     1893,  477.     (See  1892,  419,  §  120.)     P.  S.  80,  102. 

110.  Superseded.     1893,  479.     P.  S.  154. 

112.  Repealed.     1893,  469.     P.  S.  158. 

113.  Affected.     1888,  389,  426,  §  13  ;  1891,  302,  357,  §  6.     P.  S.  103. 
120.  Amended.     1890,  222.     P.  S.  116. 

122.  Superseded.     1889,  440,  §  7.     P.  S.  4. 

127.  In  part  superseded.     1890,  44.     P.  S.  4,  116. 

134.  See  1892,  330.     P.  S.  115. 

146.  Repealed.     1890,  423,  §§  72,  228.     (See  1893,  417.)     P.  S.  27. 

148.  Affected.     1888,  380,  420  ;  1889,  315.     P.  S.  132,  134. 

149.  Appeals  given.     1890,  438  ;   1891,  261.     P.  S.  104. 

151.  Amended.     1891,  291.     P.  S.  119. 

152.  Superseded.     1893,  469.     P.  S.  158. 


fl 


THE  Statutes.  1669 

Statutes  of  1888  —  Continued. 
Chap. 

154.  Affected.     1890,  197 ;   1892,  129.     P.  S.  13. 

155.  Amended.    1892,260.    (See  1890,  83  ;  1893,  359.)    P.  S.  74,  112. 

157.  In  part  superseded.     1893,  138.     P.  S.  17. 

158.  Superseded.     1889,465.     P.  S.  11. 
160.     See  1889,  439.     P.  S.  80. 

164.  Repealed.      1890,   423,    §§    105-107,    228.      (See   1893,   417.) 

P.  S.  7. 

174.  Superseded.     1892,  347.     P.  S.  35. 

180.  Affected.     1890,  440,  §  8  ;  1893,  396,  §  9.     P.  S.  26,  154. 

186.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

189.  See  1888,  403  ;  1891,  209,  228,  371.     P.  S.  221. 

191.  Superseded.     1890,  126.     (See  1889,  440.)     P.  S.  4,  116. 

199.  Repealed.     1889,  451,  §  8.     (See  1891,  229.)     P.  S.  35,  216. 

200.  Repealed.      1890,   423,    §    228.     (See    1892,    351;    1893,    417.) 

P.  S.  6. 
203.     Repealed.     1890,  423,  §§  123,  228.     (See  1893,  417.)     P.  S.  27. 

206.  Repealed.     1890,  423,  §  228.     (See  1892,  351,  §  9;   1893,  417.) 

P.  S.  27. 

207.  Repealed.     1888,  426,  §  14.     P.  S.  104. 
213.     Affected.     1890,  168.     P.  S.  116. 

221.  Repealed.     1893,423.     (See   1889,  191;  1890,  254;  1893,  417, 

§  266.)     P.  S.  27. 

223.  Affected.     1892,  188.     P.  S.  91. 

233.  Superseded.     1891,  107.     P.  S.  154. 

239.  Extended.     1889,  226.     P.  S.  41. 

240.  Extended.     1891,  129.     P.  S.  112. 
246.  See  1889,  152.     P.  S.  154. 

248.     Affected.     1893,  217,  252.     P.  S.  84. 

254,     §  1  amended.     1889,347.     Affected.     1888,262;  1889,  186,  361. 
P.  S.  100. 

256.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

257,  §   1  amended.     1892,   95.     §    3   repealed,    1891,    87,   §    2.     §  4 

affected,  1891,  236.     (See  1890,  209,  360.)     P.  S.  159,  199. 
262.     Amended.     1889,  361.     (See  1889,186,  347.)     P.  S.  100. 
264.     Superseded.     1889,  412.     P.  S.  221. 
267,     §  2  superseded.     1891,  113.     P.  S.  17. 

274.  Superseded.     1892,  104,  328.     P.  S.  150. 

275,  §  1  affected.     1890,  380 ;  1893,  270.     §  2  superseded,  1891,  292. 
.    P.  S.  4,  16. 


1670  Changes  in 

Statutes  of  1888  —  Continued. 
Chap. 

276.     Repealed.     1890,193.     (See  1891,  138.)     P.  S.  91. 
'280.     Affected.     1889,  418 ;   1892,  230.     P.  S.  158. 

287.  Amended.     1892,  234.     P.  S.  91. 

288.  Repealed.     1889,  275.     P.  S.  70. 

290.  Affected.     1890,  261 ;  1891,  415,  §  3.     P.  S.  156. 

292.  Superseded.     1891,  142.     (See  1893,  189,  398.)     P.  S.  92. 

304.  Amended.     1889,112.     Affected,  1890,  347 ;  1892,  255.     P.  S. 

27,  40. 

306.  Amended.     1893,  263.     Affected,  1889,  224.     P.  S.  32. 

314.  Affected.     1891,  287,  §  2.     P.  S.  152. 

315.  See  1890,  127.     P.  S.  11. 

316.  Repealed  so  far  as  relates  to  Boston.     1892,  419,  §   138.     §§1,2 

amended,  1893,  199.     Appeal  given.     1890,  438;  1891,  261. 

(See  1888,  426.)     P.  S.  104. 
326.     See  1891,  265.     P.  S.  38. 
333.     See  1891,  111.     P.  S.  20. 

335.     Superseded.     1889,  408.     (See  1893,  333.)     P.  S.  221. 
337.     Repealed.     1889,  294.     (See  1888,  403,  §§  7,  8.)     P.  S.  221. 
340.     Amended.     1892,  280.     P.  S.  7,  31,  100. 

348.  §  2  amended.    1892,  352.    §  4  added  to,  1890,  299.    §  7  amended, 

1889,  291.     Affected,  1890,  183  ;  1892,  83,  357.    P.  S.  48,  74. 

349.  Extended.     1889,  300.     (See  1889,  394.)     P.  S.  5. 

350.  See  1891,  370  ;  1892,  259,  263.     P.  S.  61. 

352.  Superseded.     1893,  396,  §§  6,  67.     P.  S.  154. 

353.  Repealed.     1890,  423,  §  228.     (See  1888,  436  ;  1892,  351,  §  48  ; 

1893,417.)     P.  S.  7. 

365.  Extended.     1889,  154.     P.  S.  2%. 

366.  Repealed.      1892,    366.       (See    1893,    367,    §§    22,    29,    30.) 

P.  S.  14. 
375.     Added  to.     1890,441.     (See  1889,  439.)     P.  S.  80. 
377.     Repealed.     1891,  427,  §  8.     (See  1892,  303.)     P.  S.  207. 

379,  §  1  amended.     1893,  186.     P.  S.  28. 

380.  Affected.     1889,  315.     (See  1888,  420.)     P.  S.  132,  134. 
382.     Repealed.     1890,  423,  §  228.      (See  1893,  417.)     P.  S.  9. 

387.  Affected.     1889,    427,    452;    1890,    329;    1891,    233,    §   2,   275. 

P.  S.  118. 

388.  Limited.     1890,  416,  §  6.     §  1  amended,  1892,  428,  §  1.     P.  S. 

77,  192. 

389.  See  1888,  426,  §  13  ;  1891,  302,  357,  §  6.     P.  S.  103. 


THE  Statutes.  1671 

Statutes  of  1888  —  Concluded. 
Chap. 

390.  Aflfected.     1889,  253;  1891,  288;  1892,  168,  370.     §§  2,  28,  29, 

41  and  forms  5,  6,  7  repealed,  1889,  334.  §§  3,  7,  8,  19,  23, 
24,  30,  32,  33,  37,  49,  51,  69,  72  amended,  1889,  334.  §  7 
further  amended,  1890,  331,  §  2.  §  18  amended,  1893,  241. 
§§.  53,  54  amended,  1892,  109.     P.  S.  12. 

391.  Repealed.     1893,466.     P.  S.  202. 

396,  §§  2,  4,  5  repealed.     1891,  196,  §  2.     P.  S.  30. 

397.  Affected.     1891,  323.     In  part  superseded,  1892,  415,  §  3.     (See 

1892,  418.)     P.  S.  49. 
399.     Aflfected.     1888,426;  1890,438;  1891,  261;  1892,  419.     P.  S. 

104. 
403,     §  2  amended.     1891,  371.    (See  1891,  209,  228.)    P.  S.  220,  221. 
405.     See  1889,  406;  1890,  387.    P.  S.  157. 
413.     Aflfected.     1889,  342,  452;    1890,  315;    1892,    327;    1893,   114. 

(See  1888,  429,  §  2  ;  1891,  257.)     P.  S.  105,  118. 
415.     Affected.     1893,  396,  §  64.     P.  S.  154. 
419.     Amended.     1889,  415.     Affected.     1890,  128;    1891,   313,  407. 

§  6  amended,  1891,  271.     §  13  limited,  1893,  62.     P.  S.  162. 
426.     Appeal  given.     1890,  438  ;  1891,  261.     §§  1-8  repealed  so  far  as 

they  relate  to  Boston,  1892,  419,  §  138.     (See  1891,  302,  357, 

§  6.)     P.  S.  104. 

428.  Repealed.     1890,  252.     (See  1892,  67.)     P.  S.  61. 

429.  Affected.    1890,  400  ;  1892,  435.    Not  affected  by  1890,  421,  §  1, 

or  1891,  360.  1892,  201.  §  8  aflfected,  1893,  418.  §§  8-12 
amended,  1890,  341  ;  1892,  40  ;  1893,  47.  §§  11,  18  amended, 
1893,321.     (See  1891,  163,  233.)     P.  S.  115,  119. 

431,  §§  1,  2,  3  amended,  and  §  4  superseded.     1893,  200.     (See  1890, 

379;  1891,  272.)     P.  S.  44. 

432.  In  part  superseded.  1891,  375.  P.  S.  16. 

434.  Repealed.  1890,  423,  §§  83,  228.  (See  1893,  417,  §§  123,  130.) 
P.  S.  27. 

436.  Repealed.  1893,  417.  (See  1889,  413;  1890,  219,  386;  1891, 

269,  270  ;  1892,  124,  316, 368  ;  1893,  177, 349,  351.)  P.  S.  7. 

437.  Repealed.  1893,  417.  P.  S.  28. 

438.  Repealed.   1889,  298;  1890,  447.   (See  1893,  237,  279.) 

P.  S.  30. 
441.  Repealed.  1893,  417.  P.  S.  7. 
12.  In  part  superseded.  1892,  187.  P.  S.  59. 
19.  Superseded.  1892,  93.  P.  S.  154. 


1672  Changes  in 


Statutes  of  1889. 

Chap. 

21.  Superseded.     1892,  166.     P.  S.  27,  28. 

32.  Repealed.     1889,  440,  §  14.     (See  1891,  292.)     P.  S.  4. 

35.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

41.  Superseded.     1893,  479.     P.  S.  154. 

69.  Repealed.     1890,    423,    §    228.     (See    1892,    351  ;    1893,    417.) 
P.  S.  6. 

86.  Affected.     1889,  449.     P.  S.  116. 

92.  Superseded.     1893,  479.     P.  S.  154. 

98.  Repealed.     1893,    423.     (See    1889,    178;    1893,    417,    §    266.) 

P.  S.  27. 

101,  §  1  repealed.     1890,  239.     P.  S.  15. 

103.  Superseded.     1892,  96.     P.  S.  11. 

108.  Affected.     1890,  132.     P.  S.  50. 

112.  Affected.     1890,  347  ;  1892,  255.     P.  S.  40. 

114.  Operation  restricted.     1889,  268.     P.  S.  100. 

124.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

135.  Affected.     1890,    48.     Amended,    1891,    317.     (See    1889,  291; 

1890,  299.)     P.  S.  48,  74. 

150.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

164.  Repealed.     1889,  440,  §  14.     P.  S.  4. 

170.  In  part  superseded.     1892,  58.     P.  S.  154. 

178.  Repealed.     1893,  423.     P.  S.  27. 

180.  Affected.     1893,  254.     P.  S.  116. 

185.  See  1890,  408  ;  1893,  379.     P.  S.  144. 

186.  Extended.     1889,  361.     (See  1889,  347.)     P.  S.  100. 
191.  Repealed.     1893,  417.     (See  1890,  254.)     P.  S.  7,  27. 

196.  Repealed.     1890,    423,    §    228.     (See    1892,    351;    1893,   417.) 

P.  S.  6. 

202.  Repealed.     1891,  164.     P.  S.  91. 

208.  Affected.     1890,  402  ;  1892,  305.     P.  S.  32. 

211.  Superseded.     1893,  469.     P.  S.  158. 

212.  Repealed.     1889,  440,  §  14.     P.  S.  4. 
227.  Repealed.     1891,  160.     P.  S.  154. 
230.  Affected.     1892,  407.     P.  S.  86. 
237.  Amended.     1889,  269.     P.  S.  156. 
241.  Repealed.     1893,  131.     P.  S.  112. 

249.  Affected.     1889,  422  ;  1890,  309  ;  1891,  426  ;  1892,  62.     P.  S.  48. 

251.  Superseded.     1893,  469.     P.  S.  158. 


THE  Statutes.  1673 

Statutes  of  1889  —  Continued, 
Chap. 

267.  Affected.     1891,304.     P.  S.  207. 

279.  Affected.     1890,447.     (See  1889,  301.)     §  9  in  part  superseded. 

1892,291.     P.  S.  30. 

286.  Extended.     1891,  116  ;  1893,  149.     P.  S.  11. 

289.  Superseded.     1891,  71.     P.  S.  154. 

291.  Affected.     1890,  48,  299  ;  1891,  317.     P.  S.  48. 

292.  Affected.     1890,336.     P.  S.  91. 

298.  Superseded.     1890,  447 ;  1893,  237.     P.  S.  30. 

299.  See  1891,  317.     P.  S.  48. 

301.  Affected.     1890,  447.     P.  S.  30. 

309.  Affected.     1892,  318.     §  2  added  to,  1891,  194.     (See  1889,  416.) 

P.  S.  48. 

313.  See  1890,  420.     P.  S.  157. 

316,  §  1  amended.     1892,  192.     P.  S.  113. 

328.  See  1893,  131.     P.  S.  112. 

334,  §  3  amended.     1890,331.     (See  1891,  288  ;  1892,  168,  370  ;  1893, 

241.)     P.  S.  12. 

337.  Repealed.    1893,417.  (See  1890,423,  §§  2-65  ;  1892,351.)  P.S.6. 

339.  Superseded.     1893,  291.     P.  S.  22. 

342.  Affected.     1890,  315.     (See  1892,  327.)     P.  S.  118. 

356.  Amended.     1891,  195.     P.  S.  119. 

360.  Superseded.     1893,  367.     (See  1891,  232.)     P.  S.  14. 

372.  Affected.     1891,  221.     Amended,  1893,  23.     P.  S.  29. 

374,  §  2  in  part  repealed.     1891,  235.     P.  S.  4,  21. 

391.  See  1892,  186,  188.     P.  S.  91. 

393.  See  1890,  321.     P.  S.  105,  161. 

395.  Affected.     1892,  184.     P.  S.  30. 

398.  Affected.     1888,  434.     P.  S.  54,  109. 

401.  Affected.     1892,  289.     P.  S.  161,  171. 

404.  Repealed.     1893,  417.     (See  1890,  423.)     P.  S.  6. 

406.  Affected.     1890,  387.     P.  S.  157. 

408.  Superseded.     1893,  333.     P.  S.  221. 

412.  In  part  superseded.     1893,  455,  456.     P.  S.  221. 

413.  Repealed.     1893,  417.     (See  1890,  386;  1891,  10,  31,74,238, 

269,  270  ;  1892,  279,  316,  378.)     P.  S.  7,  9. 

414,  §    4   amended.      1890,    251.      §§    6,    16    amended,    1891,    158. 

Affected,  1892,  53.     P.  S.  87. 

415,  §  3  amended.     1890,128.     §  6  limited,  1893,  62.     §  7  extended, 

1891,  313.     (See  1891,  271,  407.)     P.  S.  162. 


1674  Changes  in 

Statutes  of  1889  —  Concluded. 
Chap. 

416.  Repealed.     1892,  318,  §  16.     (See  1891,  194.)     P.  S.  48,  80. 

418.  Superseded.     1892,  230.     P.  S.  158. 

422.  Affected.     1890,  309;  1891,  426;  1892,  62.     P.  S.  48. 

427,  §§   1,  4  amended.     1891,  275.     §  6  amended,  1893,  303.     (See 

1889,  452  ;  1890,  329  ;  1891,  233.)     P.  S.  118. 

440.  Added  to.     1890,  50,  97,  126  ;  1891,  76,  191.     Restricted,  1891, 

193.     In  part  repealed,  1891,  292.     P.  S.  4. 

442.  Amended.     1890,  427,  §  2.     Affected,  1893,  340.     P.  S.  176. 

443,  §  2  amended.     1893,  108.     P.  S.  4. 

450.  Repealed.     1892,  419.     P.  S.  104. 

451.  Affected.     1891,  229.     P.  S.  35,  216. 

452.  Affected.     1890,  310,  329  ;  1893,  230.     P.  S.  117. 
456.  Repealed.     1892,  402.     (See  1892,  346.)     P.  S.  50. 
462.  Affected.     1890,  420  ;  1893,  118.     P.  S.  139. 

464,  §  1  amended.     1890,  384.     (See  1891,  317,  361.)     P.  S.  47. 

469.  Affected.     1890,  440  ;  1891,  325.     P.  S.  199. 

471,  §  4  superseded.     1892,  380.     P.  S.  159. 

Statutes  of  1890. 

26.  See  1891,  289.     P.  S.  119. 

48.  Affected.     1890,  299  ;  1891,  317.     P.  S.  48,  74. 

58,  §2.     Amount  increased.     1891,54.     P.  S.  16. 

83.  Affected.     1893,  111.     P.  S.  74,  103. 

93.  Superseded.     1893,  479.     P.  S.  154. 

95.  Superseded.     1891,  210.     P.  S.  20. 

102.  Affected.     1891,  108.     P.  S.  80. 

115.  Superseded.     1893,  469.     P.  S.  158. 

126,  §  1  amended.     1893,  70.     P.  S.  4. 

127,  §§  2,  4  apply  to  1893,  352.     P.  S.  11. 

128,  See  1891,  271,  313,  407.     P.  S.  162. 

137.  In  part  superseded.     1892,249.     P.  S.  103. 

141.     See  1890,  380.     P.  S.  23. 

143.     Superseded.     1892,  295.     P.  S.  23. 

154.     See  1890,  451.     P.  S.  167. 

160.  Affected.     1891,  360.     P.  S.  13. 

173.     See  1891,  204.     P.  S.  112. 

175.  Repealed.  1893,  417.  (See  1890,  423,  §  155.)  P.  S.  7. 

183,  §  1  amended.  1892,  83.  (See  1892,  352,  357.)  P.  S.  48,  74. 

192.  Superseded.  1893,  344.  P.  S.  158. 


THE  Statutes.  1675 

Statutes  of  1890  —  Continued. 
Chap. 

193.     Amended.     1891,  138.     P.  S.  91. 

196,  i?    2   amended.     1891,    49;    1892,    147.     (See    1893,    78,    403.) 

P.  S.  54. 

197.  Amended.     1892,  129.     P.  S.  13. 
199.     See  1891,  341.     P.  S.  105. 

201.  Superseded.     1892,  187.     P.  S.  159. 

204.  Affected.     1890,  215.     P.  S.  154. 

209.  Affected.     1891,  87.     P.  S.  199. 

213.  See  1892,  286.     P.  S.  26. 

218.  Affected.     1891,236.     (See  1890,  440  ;  1891,  325,  416.)     P.  S. 

159,  217. 

219.  Repealed.     1893,417.     (See  1890,  423  ;  1891,  256.)     P.  S.  7. 

223.  Repealed.     1893,  417.     (See  1890,  423  ;  1892,  351.)     P.  S.  6. 

224.  Affected.     1893,  396,  §  29.     P.  S.  154,  184. 

229.  Repealed.     1891,  327.     P.  S.  91. 

230.  Amended.     1890,  395.     Affected.     1891,  220.     P.  S.  102. 

239,  §  1  amended.     1893,  112.     P.  S.  15. 

240.  Affected.     1893,  300.     P.  S.  27,  28. 

242.  Affected.     1891,  &b.     P.  S.  11. 

243.  Affected.     1890,  310  ;  1891,  403.     P.  S.  117. 

249.     Superseded.     1891,  142.     (See  1893,  189,  398.)     P.  S.  92. 

251.  Affected.     1891,  158.     (See  1892,  53.)     P.  S.  87. 

252,  §  1  amended.     1892,  67.     P.  S.  61. 

254.  Repealed.  1893,  417.     (See  1891,  236.)     P.  S.  27. 

284.  Added  to.  1890,  452.     P.  S.  212. 

293.  Amended.  1891,  122.     P.  S.  91. 

299.  See  1892,  352.     P.  S.  48. 

305.  Repealed.  1890,  423,  §  228.     (See  1892,  351  ;  1893,  417.)    P.  S. 
6,27. 

309.  Affected.  1891,  426  ;  1892,  62.     P.  S.  48. 

310.  Affected.  1891,  403.     P.  S.  117. 

315.     Affected.     1893,  114.     (See  1892,  327.)     P.  S.  118. 

331.     See  1891,  288  ;  1892,  168,  370.     P.  S.  12. 

341.     Amended.    1892,  40  ;  1893,  47.    Affected,  1893,  321,  418.     (See 

1890,  400,  421;  1891,  163,  233,  360;  1892,  201,  372,435.) 

P.  S.  115,  119. 

346.  Repealed.     1892,  402.     P.  S.  50. 

347.  Affected.     1892,  255.     P.  S.  40. 

353,     §  1  affected.     1891,  325;  1892,  200,  §  3.     P.  S.  199. 


1676 


Changes  in 


Statutes  of  1890 — Continued. 
Chap. 

354,  §  2  in  part  superseded.     1892,  407.     P.  S.  86. 

355.  Amended.     1890,  405.     P.  S.  29. 

359.  Extended.     1893,  396,  §  59.     P.  S.  154. 

360.  Repealed.     1891,  87,  §  2.     P.  S.  199. 

364.  Repealed.     1891,  366.     P.  S.  113. 

365.  Repealed.     1891,  179,  §  5.     P.  S.  28. 

375.     Amended.     1891,  350.     Aflfected,  1893,  406.     P.  S.  74. 

379.  Superseded.     1891,  272.     (See  1893,  200,  §  4.)     P.  S.  44. 

380.  See  1893,  270.     P.  S.  23. 

381.  Repealed.     1893,  417.     P.  S.  7. 

382.  Affected.     1892,  228.     P.  S.  112. 

384.  See  1891,  317,  361.     P.  S.  47. 

385.  Affected.  1892,  382.  P.  S.  74. 

386.  Repealed.  1893,  417.  (See  1891,  10,  31,  32,  74,  155,  270,  278, 

305  ;  1892,  51,  190,  -351  ;  1893,  87, 177,  349,  351.)  P.  S.  7,  27. 
393.  Repealed.  1893,  417.  P.  S.  7. 
395.  Affected.  1891,  220.  P.  S.  102. 
400.  See  1890,  421 ;  1891,  163,  360 ;  1892,  201,  435  ;  1893,  47.  P.  S. 

115,  119. 

402.  Affected.     1892,  305.     P.  S.  32. 

403.  See  1890,  410.     P.  S.  203. 

404.  See  1891,  370;  1892,  274.  P.  S.  61,  109. 
406.  Extended.  1891,  171.  P.  S.  13. 

408.  See  1893,  379.  P.  S.  144. 

414.     Affected.     1891,  158 ;   1892,  53,  229.     P.  S.  87. 

416.     Aflfected.     1892,  428.     P.  S.  192. 

421.     Affected.      1892,    435.      (See    1891,    360;    1892,    201.)      §    24 

extended,  1892,  372.     P.  S.  119. 
423.     Repealed.     1893,  417.     (See  1891,  31,  32,  155,  256,  264,  269, 

270,  277,  278,  286,  290,  305,  314,  328,  329;  1892,  51,  115, 

124,  190,  224,  279,  316,  332,  351,  368,  405,  406,  416,  431; 

1893,  39,  146,  200,  307,  308.)     P.  S.  6,  7,  27. 
425.     Superseded.     1893,  367.     (See  1891,  232,  §  5.)     P.  S.  14. 

427.  Affected.     1893,  340.     P.  S.  176. 

428.  Affected.     1892,  178;  1893,  424.     §  1  amended,  1891,  262.     §  2 

amended,  1891,  33.     §  4  amended,  1892,  312.     §  5  added  to, 
1891,  123.     §  7  amended,  1893,  283.     Not  affected  by  1891, 
170.     (See  1892,  228.)     P.  S.  112. 
431.     Amended.     1893,  405,  §§  2,  5.     P.  S.  157. 


THE  Statutes.  167T 

Statutes  of  1890  — Concluded. 

Chap. 

436.     Repealed.     1893,  417,  §  345.     (See  1891,  10,  31,  32,  74,  155,. 
270,  278,  305  ;  1892,  406.)     P.  S.  7. 

438.  Affected.     1891,  261.     P.  S.  104. 

439.  §§  1,  2  amended.     1893,  226.     P.  S.  115. 

440.  Affected.     1891,  236,  325,  392,  416.     §  5  repealed,  1891,  416. 

§§  8,  10.    (See  1893,  396,  §§  9,  49.)    §  11  amended,  1891,  70. 

Affected,  1893,  396,  §  1.     P.  S.  22,  154,  199,  217. 
447.     Affected.     1893,  237.     §  1  amended,  1893,  279.     P.  S.  30. 
449,     §  2  amended.     1891,  144.     P.  S.  67. 
456,     §§  1,  2,  3,  6  amended.     1891,223.     P.  S.  2. 

Statutes  of  1891. 

10.     Repealed.     1893,   417.     (See  1891,  155;   1892,  51;  1893,  87.) 
P.  S.  7,  27. 

31.  Repealed.     1893,  417.  (See  1893,  87.)     P.  S.  27. 

32.  Repealed.     1893,  417.  P.  S.  27. 

33.  Affected.     1891,262.  (See  1892,  312  ;  1893,  283.)     P.  S.  112- 
49.     Affected.     1892,  147.  (See  1893,  78,  403.)     P.  S.  54. 

58.  Affected.     1891,  412.     P.  S.  56,  57. 

70.  Affected.     1891,  325;  1893,  396,  §  1.     P.  S.  155. 

74.  Repealed.     1893,  417.     P.  S.  7. 

79.  Superseded.     1893,  288.    P.  S.  22. 

80.  Superseded.     1892,  399.     P.  S.  22. 
91.  Superseded.     1893,  469.     P.  S.  158. 

96.  See  1892,  245,  §  8.     P.  S.  50. 

97.  Amended.     1893,  380.     (See  1892,  245  ;  1893,  65.)     P.  S.  50. 
116.     Extended.     1893,  149.     P.  S.  11. 

123.  Affected.     1892,  178.     (See  1892,  312.)     P.  S.  112. 

125.  Repealed.     1892,  410.     P.  S.  74. 

142,  §  1  amended.     1893,  189,  398.     Affected,  1893,  105.     P.  S.  92. 

155.  Repealed.     1893,417.     (See  1891,  278  ;  1893,  87.)     P.  S.  27. 

158.  Affected.     1892,  53.     P.  S.  87. 

163.  See  1891,  233  ;  1892,  40,  435  ;  1893,  47.     P.  S.  115,  119. 

177,  §  1  amended.     1893,  272.     P.  S.  43. 

180.  Affected.     1891,  419 ;  1892,  348.     (See  1893,  376.)     P.  S.  160; 

185.  Amended.     1891,406.     P.  S.  81. 

187.  See  1892,  430.     P.  S.  22. 

189.  Added  to.     1893,  397.     P.  S.  106. 

194.  Affected.     1892,  318.     P.  S.  48,  80,  141. 


1678  Changes  in 

Statutes  of  1891 — Continued. 
Chap. 

210.  See  1893,  78.     P.  S.  20. 

221.  Affected.     1893,23.     P.  S.  29. 

225.  See  1892,  253.     P.  S.  22. 

228.  See  1891,  371.     P.  S.  220,  221. 

232.  Superseded.     1893,  367.     P.  S.  14. 

233.  Affected.     1893,  224.     P.  S.  16,  119. 

236,  §  1  affected.     1891,  416.     §  2  affected,  1891,  392.     P.  S.  217. 

238.  Eepealed.     1893,  417.     P.  S.  7. 

242.  Repealed.     1892,  351,  §§  17,  48.     (See  1893,  417.)     P.  S.  6. 

254.  Affected.     1892,  102  ;  1893,  105.     P.  S.  92. 

256.  Repealed.     1893,  417.     P.  S.  7. 

262.  See  1892,  312;  1893,  283.     P.  S.  112. 

264.  Repealed.  1893,  417.  P.  S.  7. 

269.  Repealed.  1893,  417.  P.  S.  7. 

270.  Repealed.  1893,  417.  (See  1892,  406.)  P.  S.  7. 
272.  Superseded.  1893,  200.  ^  P.  S.  44. 

275.  Affected.  1893,  303.  P.  S.  118. 

277.  Repealed.  1892,351.  §§9,48.  (See  1890,  423,  §  25, 1893,  417.) 

P.  S.  6. 

278.  Repealed.  1893,  417.  P.  S.  7. 

286.  Repealed.  1892,  351,  §§  4,  6,  48.  (See  1^93,  417.)  P.  S.  6. 

288.  See  1892,  109,  168,  370.  P.  S.  12. 

290.  Repealed.     1892,  351,  §  48.     (See  1893,  417.)     P.  S.  6. 

300.  In  part  repealed.     1893,130.     P.  S.  20. 

302.  See  1891,  357,  §  6.     P.  S.  103. 

305.  Repealed.     1893,  417.     P.  S.  7. 

314.  Repealed.     1893,  417.     P.  S.  7. 

315.  Affected.     1893,  99.     P.  S.  22,  190. 
318.  Superseded.     1893,  469.     P.  S.  158. 

323.  Affected.  1892,  401.  (See  1893,  437.)  P.  S.  50.  §§  2,  5,  9 
amended,  and  §§  8,  10,  11,  14,  17  superseded,  1892,  418.  (See 
1892,  415.)     P.  S.  49. 

325.  Affected.     1893,  396,  §  1.     (See  1892,  200.)     P.  S.  199. 

327.  See  1893,  205.     P.  S.  91. 

328.  Repealed.   1893,  417.   (See  1892,  431  ;  1893,  146,  308.) 

P.  S.  7. 

329.  Repealed.  1893,417.  (See  1893,  307.)  P.  S.  7. 
336.  Repealed.  1893,417.  P.  S.  27. 

349.  See  1892,  416.  P.  S.  205. 


THE  Statutes.  167^ 

Statutes  of  1891  — Concluded. 

Chap. 

350.     Affected.     1893,  406.     F.  S.  74. 

356,  §  1  amended.     1892,  242.     Affected,  1891,  427  ;  1892,  27G.     (See 

1892,  303.)     P.  S.  212. 

357,  §§  1,  3,  4  amended.     1892,  296.     Affected,  1893,  246.     P.  S.  8a. 
360.     Amended.     1892,  198.     Restricted,  1892,  201.     P.  S.  105. 

368.  Amended.     1892,47.     P.  S.  119. 

370.  Affected.     1892,  259  ;  1893,  454.     P.  S.  27,  28,  61,  106. 

372.  Superseded.     1892,  267.     P.  S.  219,  221. 

379,  §  4  limited.     1893,  365.     §  10  amended,  1893,  324.     P.  S.  17. 

395.  Repealed.     1893,  417.     P.  S.  7. 

402.  Affected.     1893,  124.     P.  S.  44. 

405,  §  1  amended.     1893,  311.     P.  S.  2. 

412.  Affected.     1892,  139.     P.  S.  20,  56,  57. 

419.  Affected.     1892,  348.     (See  1893,  376.)     P.  S.  160. 

425,  §  12  amended.     1892,  379.     Affected,  1893,  432.     P.  S.  11,  136. 

426,  §  1  amended.     1892,  62.     P.  S.  47. 

427,  Affected.     1892,  160,  200,  242.     §§    2,  3  repealed,   1893,    414. 

§  5  amended,  1892.  303  ;  1893,  447.     P.  S.  207. 

Stcatutes  of  1893. 

40.  Amended,  1893,  321.     Affected,  1892,  435  ;  1893,  47,  418.     P.  S-. 
115,  119. 

51.  Repealed.     1893,  417.     P.  S.  27. 

83.  Affected.     1892,  352,  357.     P.  S.  74. 

87.  In  part  superseded.     1893,  153.     P.  S.  159. 

102.  See  1893,  105.     P.  S.  92. 

109.  See  1892,  168,  370.     P.  S.  12. 

115.  Repealed.     1893,  417.     (See  1893,  39.)     P.  S.  7,  10. 

124.  Repealed.     1893,  417.     P.  S.  15. 

133.  See  1893,  404.     P.  S.  159. 

147.  See  1893,  78,  403.     P.  S.  54. 

148.  In  part  superseded.  1893,  396,  §  17.  P.  S.  154. 
160.  See  1892,  200,  242,  303;  1893,  414,  447.  P.  S.  207. 
168.  See  1892,  370.  P.  S.  12. 

178.  See  1893,  283.  P.  S.  112. 

188,  §  4  amended.  1893,  55.  P.  S.  91. 

190.  Repealed.  1893,  417.  P.  S.  7. 

195,  §  1  amended.  1892,  432.  §  3  repealed,  1893,  306.  P.  S. 
58,  90. 


1680  '  Changes  in 

Statutes  of  1893  —  Concluded. 
Chap. 

200.  See  1893,  414,  447.     P.  S.  207. 

224.  Repealed.     1893,  417.     P.  S.  7,  27. 

230.  Affected.     1893,  431.     P.  S.  158. 

238.  Superseded.     1893,  367.     P.  S.  14. 

242.  See  1892,  303  ;  1893,  414,  447.     P.  S.  207. 

245,  §  6.     See  1893,  65,  225,  §  3,  380.     P.  S.  29,  50. 

259.  Affected.     1893,  454.     P.  S.  27,  28,  61. 

260.  Amended.     1893,  359.     P.  S.  74. 

262,  §  2  affected.     1893,  148.     P.  S.  15,  25,  100. 

268.  In  part  superseded.     1893,  396,  §  55.     P.  S.  154. 

279.  Repealed.     1893,  417.     P.  S.  9. 

287.  Repealed.     1893,  86.     P.  S.  5. 

296.  Affected.     1893,  246.     P.  S.  80. 

^12.  See  1893,  283.     P.  S.  112. 

316.  Repealed.  1893,  417.  P.  S.  7. 

332.  Repealed.  1893,  417.  (See  1892,  368.)  P.  S.  7. 

347.  See  1893,  401.  P.  S.  35. 

351.  Repealed.  1893,  417.  (See  1893,  209.)  P.  S.  6. 

352.  See  1892,  357.  P.  S.  74. 

353.  §  2  amended.     1893,  51.     P.  S.  103. 
366.  Superseded.     1893,  367.     P.  S.  14. 
368.  Repealed.     1893,  417.     P.  S.  7. 
372.  Amended.     1893,  434.     P.  S.  119. 
374.  Affected.     1893,  424.     P.  S.  112. 
-379.  Affected.     1893,  432.     P.  S.  135. 
401.  Affected.     1893,437.     P.  S.  50. 
403.  Repealed.     1893,  183.     P.  S.  91. 

405.  Repealed.     1893,  417.     (See  1893,  146.)     P.  S.  7. 

406.  Repealed.     1893,  417.     P.  S.  7. 

416.  Repealed.     1893,  417.     (See  1893,  376.)     P.  S.  7,  160. 

419,  §§  13,  41,42,46,63,  74,  75  amended.     1893,464.     §  82  repealed, 

1893,  293.     §§  125,  127,  amended  1893,  297.     §  136  amended, 

1893,  170.     P.  S.  104. 

425.  See  1893,  395.     P.  S.  87. 

431.  Repealed.     1893,  417.     (See  1893,  146,  308.)     P.  S.  7. 

432.  Affected.     1893,  306,  §  5.     P.  S.  58. 

433.  Affected.     1893,  424.     P.  S.  112. 
435.  See  1893,  47,  418.     P.  S.  115. 


THE  Statutes.  *  1681 


Statutes  of  1893. 

Chap. 

39.  Repealed.     1893,417.     P.  S.  10. 

47.  See  1893,  418.     P.  S.  115. 

49.  See  1893,  105.     P.  S.  92. 

60.  Repealed.     1893,  423.     P.  S.  27. 

65.  See  1893,  380.     P.  S.  50. 

87.  Repealed.  1893,  417.  P.  S.  7,  27. 

146.  Repealed.  1893,  417.  P.  S.  7. 

170.  See  1893,  293,  297,  464.  P.  S.  104. 

177.  Repealed.  1893,  417.  P.  S.  7. 

189.  Amended.  1893,  398.  P.  S.  92, 

193.  Superseded.  1893,  367,  §  13.  P.  S.  14. 

194.  Superseded.  1893,  280.  P.  S.  146. 
209.  Repealed.  1893,  417.  P.  S.  6. 
217.  See  1893,  252.  P.  S.  84. 

225.  See  1893,  300,  §  6,  331.  P.  S.  27,  28. 

227.  Affected.     1893,  472.     P.  S.  80. 

231.  Superseded.     1893,  367,  §  13.     P.  S.  14. 

237.  Affected.     1893,  279.     P.  S.  30. 

247,  §  1  amended.     1893,  445.     P.  S.  11. 

283.  Affected.     1893,  424.     P.  S.  112. 

293.  See  1893,  297,  464.     P.  S.  104. 

297.  See  1893,  464.     P.  S.  104. 

300,  §  6  repealed.     1893,  416.     P.  S.  27,  28. 

304.  Repealed.     1893,  417.     P.  S.  27. 

307.  Repealed.     1893,  417.     P.  S.  7. 

308.  Repealed.     1893,  417.     P.  S.  7. 

349.  Repealed.     1893,  417.      (See  1893,  351.)     P.  S.  7. 

351.  Repealed.     1893,  417.     P.  S.  7. 

367,  §  1  amended.     1893,  439.     P.  S.  14. 

376.  Repealed.     1893,  417.     P.  S.  7,  160. 

379.  See  1893,  469.     P.  S.  158. 

407.  See  1893,  475.     P.  S.  80. 

414.  See  1893,  447.     P.  S.  207. 

417,  §§  259-308.     See  1893,  465.     P.  S.  27. 


€011X11X01x1x103111;  of  2)^ixssiul;usdts. 


Office  of  the  Secretary,  Boston,  Aug.  10,  1893. 

I  certify  that  the  acts  and  resolves  contained  in  this 
volume  are  true  copies  of  the  originals,  and  that  the 
accompanying  papers  are  transcripts  of  official  records 
and  returns. 

I  further  certify  that  the  tables  showing  what  general 
statutes  have  been  affected  by  subsequent  legislation  have 
been  prepared,  and  are  printed  as  an  appendix  to  this 
edition  of  the  laws,  by  direction  of  the  governor,  in 
accordance  with  the  provisions  of  Chap.  238  of  the  Acts 
of  1882. 

WILLIAM  M.  OLIN, 

Secretary  of  the  Commonwealth. 


INDEX. 


INDEX. 


A. 

PAGE 

Abandoned  farms,  information  concerning,  to  be  collected  and  circulated     .        .  1455 

Abolition  of  grade  crossings,  relating  to 923 

loans  for,  etc.,  relating  to 1288 

Academy,  Thayer,  trustees  of,  may  hold  additional  estate 725 

Wesleyan,  trustees  of,  relating  to  . 707,  739 

Worcester,  trustees  of,  may  hold  additional  estate 740 

Accidents,  chief  of  district  police  to  receipt  for  reports  of 764 

Actions  commenced  by  trustee  process,  relating  to 926 

Acts  and  resolves,  blue  book  edition  of,  increased 762 

Acushnet  river,  relocation  and  widening  of  bridge  over 1062 

Address,  inaugural,  of  the  governor  to  the  legislature     ......  1488 

Adjutant  general,  providing  for  completion  of  index  to  names  of  soldiers,  in  the 

office  of 1456 

additional  copies  of  report  of,  to  be  printed 1321 

additional  clerk  in  office  of,  salary  established 874 

first  clerk  in  office  of.  salary  established 829 

Administrators,  etc.,  non-resident,  appointment  of  agents  of 769 

Advertising,  forms  of,  protection  of  persons  and  associations  therein      .        .        .  1327 

Agents,  resident,  of  non-resident  executors,  etc  ,  appointment  of  .        .        .        .  769 

Agricultural  college,  Massachusetts,  providing  for  repairs,  etc.,  at        .        .        .  1477 
Agriculture,  state  hoard  of,  special  report  of,  on  extermination  of  the  gypsy  moth, 

to  be  printed 1446 

second  clerk  in  office  ot  secretary  of,  salary  established       ....  777 
Agriculture  of  Massachusetts,  printing  and  distributi  )n  of  index  to  the  annual 

volumes  of 1449 

Akin,  Fred.,  in  favor  of  family  of 1452 

Timothy,  Jr.,  in  favor  of  family  of 1452 

Aldermen,  board  of,  election  of  members  of,  in  the  city  of  B  jston        .        .        .  1409 

Alewife  fishery,  established  in  town  of  Eastham 740 

in  Mill  and  Essex  rivers,  laws  relating  to,  codified  and  amended  .        .        .  715 

Alewife  fishing,  shad  and,  in  the  Merrimac  river,  restrictions  upon,  removed       .  837 

Alien,  Gilbert,  and  others,  may  construct  a  bridge  over  tide  water  in  Westport    .  783 
Almshouse,  state,  at  Tewksbury,  providing  for  repairs  and  improvements  at     1455,  1458 

Amendment  to  the  constitution,  proposed,  relative  to  commissioners  of  insolvency  1480 

relative  to  payment  of  mileage  to  members  of  the  general  court,  to  be  sub- 
mitted to  the  people 1469 

American  College  and  Education  Society,  name  changed  and  powers  enlarged    .  769 

American  Congregational  Association,  may  increase  capital  stock         .        .        .  718 

American  Education  Society,  name  established 769 

American  Folk-Lore  Society,  incorporated 1099 

Amherst,  town  of,  Northampton  Street  Railway  Company  may  extend  its  road 

into -.848 


1686 


Index. 


PAGE 

Andovcr,  town  of,  may  elect  board  of  sewer  commissioners 877 

Annexation  of  the  Hawaiian  islands,  resolutions  relative  to 1484 

Appeals,  in  suits  in  equity,  relating  to 729 

Appointment  and  election  of  special  commissioners,  in  case  of  vacancy,  etc.  .       718,  1236 
Appkopriations  : 

Maintenance  of  Government,  — 
executive,  secretary's,  treasurer's,  auditor's,  attorney-general's,  agricult- 
ural,   educational  and  military  departments;   boards  and  commis- 
sions, etc. 

Maintenance  of  Government,  additional,  — 

judicial  department 

Maintenance  of  Government,  further  additional,  — 
incidental  and  contingent  expenses  of  the  executive  and  legislative  depart- 
ments          

investigations  into  the  best  methods  of  protecting  the  purity  of  inland  waters 

Commonwealth's  flats  improvement  fund 

compensation  and  mileage  of  members  of  the  legislature,  etc.     . 

certain  allowances  authorized  by  the  legislature 

payment  of  state  and  military  aid 

agricultural  expenses 

charitable  expenses 

educational  expenses 

compensation  and  mileage  of  officers  and  men  of  the  volunteer  militia,  etc. 
compensation  and  expenses  of  commissioners  on  inland  fisheries  and  game 

prisons  and  other  reformatory  expenses 

current  expenses  at  Massachusetts  hospital  for  dipsomaniacs 
compensation  and  expenses  of  trustees  of  Medfield  insane  asylum 
certain  expenses  authorized  in  the  year  1893,  and  for  other  expenses  author- 
ized by  law 746,  821,  823,  963,  1149,  1424 

incidental,  contingent  and  miscellaneous  expenses  of  the  various   com- 
missions of  the  Commonwealth 


686 


679 


684 
698 
703 
678 
694 
679 
695 
712 
721 
706 
731 
701 
703 
710 


deficiencies  in  appropriations  for  certain  expenses  authorized  in  the  3'ear 


1892 


employment  of  prisoners  in  the  prisons  of  the  Commonwealth 
salaries  and  expenses  of  the  district  police    .... 

salaries  and  expenses  at  the  state  farm 

salaries  and  expenses  at  the  state  almshouse 

salaries  and  expenses  at  the  state  industrial  school  for  girls 

salaries  and  expenses  at  the  state  primary  school 

salaries  and  expenses  at  the  state  prison        .... 

salaries  and  expenses  at  the  Lyman  school  for  boys 

salaries  and  expenses  at  Massachusttts  reformatory     . 

salaries  and  exi)enses  at  the  reformatory  prison  for  women 

printing  and  binding  public  documents,  etc 

prison  and  hospital  loan  sinking  fund,  state  house  loan  sinking  fund 

and  state  house  construction  loan  sinking  fund 
funeral  expenses  of  e.^-governor  B.  F.  Butler 

Massachusetts  nautical  training  school 

joint  special  committee  of  the  legislature      .... 
for  completing  preparation  and  publication  of  province  laws 
current  expenses  at  the  VVestborough  insane  hospital  . 
expenses  of  commissioner  on  foreign  mortgage  corporations 
Appropriations  by  the  city  of  Boston,  relating  to    . 


698 


709,  748 
704 
692 
709 
705 
711 
712 
745 
711 
703 
702 
696 


1901 


693 
677 
719 
723 
781 
797 
963 
901 


Index.  1G87 

PAGE 

Arbitration  nnd  conciliation,  state  board  of,  additional  copies  of  first  and  fotirth 

reports  of,  to  be  printed 1418 

Arlington,  town  of,  order  of  location  of  street  railway  tracks  in,  confirmed          .  743 

Armory  loan,  bonds  to  be  reiieenuible  in  gold  or  its  equivalent      ....  770 
Ashland,  town   of,   Natick    Electric  Street   Railway  Company  may  extend  its 

tracks  into 9S4 

Assal>et  Manufacturing  Company,  may  increase  capital  stock        ....  802 

Assessment,  of  poll  taxes,  etc.,  relating  to 1157 

of  taxes,  to  secure  uniformity  in  forms  used  for 1458 

Assessments,  sewer,  in  cities,  apportionment  of 1090 

Assessors,  in  certain  cities  may  use  the  valuation  of  preceding  years  as  a  basis 

of  taxation 892,  1349 

in  towns,  powers  and  duties  of .     1157,1281 

Assignees,  etc.,  non-resJdent,  appointment  of  agents  of 769 

Assistant  district  attorney,  middle  district,  salary  established        ....  782 

Assistant  registers  of  probate  and  insolvency,  fixing  the  salaries  of      .        .        .  1400 

Assistant  to  district  attorney,  southern  district,  appointment  of     .        .        .        .  1362 

Assistant  town  clerks,  relating  to 729 

Associates,  Crompton,  incorporated .  1143 

ASSOCIATIOXS  : 

American  Congregational,  may  increase  capital  stock 718 

Boston  Wesleyan,  may  hold  additional  estate 733 

Cape  Cod  Bay  Land,  may  build  bridge  in  town  of  Wellfleet        .        .        .  778 

Fall  River  Collateral  Loan,  incorporated 1288 

Fraternal  Accident,  of  America,  name  established 789 

Harvard  Musical,  may  hold  additional  estate 845 

Masonic  Building,  in  New  Bedford,  may  increase  capital  stock  .        .        .  802 

People's  Building,  incorporated 933 

Rockland  Factory  Building,  incorporated 924 

Sharon  Improvement  and  Literary,  incorporated 830 

South  Middleborough  Cemetery,  incorporated 861 

Sterling  Camp  Meeting,  number  of  trustees  of,  increased    ....  727 

Thurber  Medical,  qualifications  for  membership  in 877 

"Winihrop  Unitarian,  name  changed  to  First  Unitarian  Church  of  Winthrop  778 
Young  Women's  Christian,  of  Massachusetts  and  Rhode  Island,  may  hold 

meetings  outside  the  Commonwealth 709 

Associations,  unions,  etc.,  to  be  protected  in  their  trade-marks,  labels,  etc.  .        .  1327 

Asylum  for  chronic  insane,  relative  to  building 1110 

Athenasura,  Nantucket,  may  hold  additional  estate 734 

Attleborough,  town  of,  may  purchase  franchise,  etc.,  of  the  Attleborough  Fire 

District  Number  One 734 

Attorney-general,  to  appear  in  trial  of  indictments  for  capital  crimes  when  public 

interest  requues 961 

Attorneys,  assigned  by  court  in  murder  cases,  compensation  of     ....  1110 
Auburn,  town  of,  Worcester,  Leicester  and  Spencer  Street  Ritilway  Company  may 

extend  its  tracks  into 976 

Auction,  innholders  may  sell  at,  baggage  unclaimed  in  tbeir  possession,  after  one 

year 1274 

sales  at,  of  shares  of  certain  corporations,  in  case  of  increase  of  capital  stock  949 

Auditor  of  the  Commonwealth,  duties  of,  in  relation  to  the  state  printing     .        .  927 

Auditors  in  towns,  powers  and  duties  of .  1283 

Automatic  ballot  machines,  McTammany,  towns  may  use  in  election  of  town 

officers 1379 

Ayer,  town  of,  proceedings  of  town  meeting  confirmed 1128 


1G88  Index. 

B. 

PAGB 

Baggage,  retained  by  innholders,  disposition  of 1274 

Ball,  Barnabas  E.,  in  favor  of 1449 

Ballot  boxes,  cities  and  towns  to  bear  expense  of  repairs  on  .        .        .        .      943,  1196 

Ballot  law  commission,  appointment  of,  powers  and  duties  of,  etc.        .        .        .  1184 
Ballot  machines,  McTammany  automatic,  towns  may  use  in  election  of  town 

officers 1379 

Ballots,  counting  of,  while  voting  is  in  progress,  relating  to    .        .        .        .      785,  1208 

delivery  of,  relating  to 1203 

preparation  and  form  of,  relating  to 1197 

towns  may  revoke  acceptance  of  act  providing  for  printing  and  distribu- 
tion of  at  public  expense 748,  1260 

used  for  choice  of  moderator  at  town  elections,  no  distinguishing  mark  to 

be  placed  upon 809 

Bank,  Savings,  City,  of  Pittsfield,  incorporated 830 

Markets,  incorporated 770 

Banks,  savings,  printing  and  distribution  of  report  of  commissioners  of       .        .  736 
five  per  cent,  of  deposits  may  be  invested  in  buildings  for  the  transaction 

of  business  of 808 

business  of,  relating  to 874 

officers  of,  relating  to 896 

and  institutions  for  savings,  consolidation  and  arrangement  of  laws  relat- 
ing to         1460 

Banks  and  trust  companies,  deposits  in,  by  cities  and  towns 905 

Barnstable,  county  of,  commissioners  may  borrow  money  for  making  alterations 

in  courthouse 809 

salaries  of  commissioners  of,  established 911 

time  and  place  of  holding  probate  courts  in 982 

Barnstable,  town  of,  Mashpee  and,  boundary  line  between,  to  be  examined  and 

defined 1476 

Bartlett,  George  F.,  and  others,  may  construct  a  bridge  over  tide  water  in  West- 
port 783 

Bassett,  I.  Austin,  acts  as  a  justice  of  the  peace  legalized 1451 

Battleship  Massachusetts,  appropriate  gift  to  be  presented  to,  by  the  state     .        .  1478 

Baxter,  Francis  J.,  city  of  Boston  may  pay  sum  of  money  to  widow  of       .        .  722 

Bay  State  Gas  Company,  relating  to 1410 

Beacon  Hill  place,  may  be  taken  for  an  open  space  around  the  state  house   .        .  1352 
Bellingham,  town  of,  Woonsocket  Electric  Machine  and  Power  Company  maj' 

furnish  light  and  power  to 1100 

Belmont,  town  of,  Newton  Street  Railway  Company  may  extend  its  tracks  into  1071 
Beneficiary  corporations,  fraternal,  to  further  the  formation  of,  among  employees 

of  cities  and  towns 723 

to  terminate  the  endowment  business  of 1273 

of  other  states,  admission  of 958 

Berkshire  county,  repairs  to  be  made  on  house  of  correction  at  Pittsfield  in          .  1067 

Beverly,  town  of,  additional  water  supply  for 1010 

may  borrow  money  for  sewerage  purposes 893 

may  cancel  certain  bonds  in  its  sinking  fund 899 

Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay  tracks  in  798 

Birds  and  game,  preservation  of,  relating  to 827,  1126 

Black  bass  fishing,  close  season  for,  to  terminate  on  the  first  day  of  June    •        .  742 

Blaine,  James  G.,  resolutions  on  the  death  of 1483 


Index.  1G89 


PAGE 

Blue  book,  edition  of,  increased 762 

Board  of  arbitration  and  conciliation,  additional  copies  of  first  and  fourth  reports 

of,  to  be  printed 1448 

Board  of  cattle  commissioners,  powers  and  duties  of 941 

Board  of  commissioners  for  promotion  of  uniformity  of  legislation,  term  of  ofTice 

extended 946 

Board  of  commissioners  of  savings  banks,  printing  and  distribution  of  report  of  .  736 
Board  of  harbor  and  land  commissioners,  to  define  the  boundary  line  between 

Mashpee  and  Barnstable 1476 

Board  of  healtti  of  the  city  of  Boston,  may  order  the  filling  up  of  low  lands  for  the 

protection  of  public  health 982 

Board  of  railroad  commissioners,  to  determine  compensation  in  cases  of  joint  occu- 
pancy of  stations,  etc 784 

to  establish  tariff  of  rates  for  transportation  of  milk 847 

Board  of  Trade,  Newburyport,  incorporated 879 

Boards  of  health,  notices  from,  in  cases  of  diseases  dangerous  to  the  public  health  938 
Boilers,  uninsured,   additional  member  of  district  police  to  be    appointed  for 

inspection  of      ... 1097 

Bonds  of  county  oflScers,  examination  of 899 

Bonds  and  certificates,  issue  of,  by  the  city  of  Boston  for  park  purposes,  relat- 
ing to          847 

Boston,  city  of,  to  establish  width  of  Cambridge  street  in  AUston        ...  941 

part  of  the  city  of  Quincy  annexed  to 972 

to  provide  for  extending  Boylston  street  in 978 

protection  of  the  public  health  in 982 

to  build  a  sea  wall  in  extension  of  Charles  river  embankment      .        .        .  1318 

sidewalks  in,  relating  to 1320 

may  pay  sum  of  money  to  widow  of  George  B.  Munroe       .        .        .        .*  720 
may  pay  sum  of  money  to  widow  of  Francis  J.  Baxter         ....  722 
pensioning  members  of  police  department  of,  relating  to      ...        .  725 
may  lay  out  park  way  and  highways  over  location  of  the  Providence  divi- 
sion of  the  Old  Colony  railroad        773 

construction,    maintenance    and    inspection    of    buildings    in,    relating 

to 806,  929,  931,  1375 

loans  of,  relating  to 829 

issue  of  bonds  by,  for  park  purposes,  relating  to 847 

truant  officers  in,  civil  service  rules  to  apply  to 896 

to  refund  or  abate  assessments  for  betterments  on  account  of  extension  of 

Marme  park 899 

appropriations  by,  relating  to 901 

providing  for  a  public  park  in  wards  six  and  seven  of 922 

election  of  members  of  the  board  of  aldermen  in,  relating  to         .        .        .  1409 
may  pay  salary  of  John  I.  McAvoy,  late  probation  officer,  to  his  orphan 

sisters 802 

to  provide  for  rapid  transit  in 1428 

construction  of  subways  in,  relating  to 1420 

water  supply  for,  relating  to 1363 

Exchange  Club  in,  incorporated 805 

Old  Colony  Railroad  Company  may  take  land  in,  for  increased  terminal 

facilities 774 

Boston  and  Lowell  Railroad  Corporation,  may  lease  or  purchase  the  franchises, 

etc.,  of  the  Concord  and  Montreal  railroad 906 

may  discontinue  certain  tracks  in  the  city  of  Lowell 730 


1690  Index. 

PAGE 

Boston  and  Maine  railroad,  provisions  affecting 887,  888 

may  lease  or  purchase  the  franchises,  etc.,  of  the  Concord  and  Montreal 

railroad 906 

Boston  City  Hospital,  name  established 750 

Boston  District  Branch  of  the  Independent  Order  of  Odd  Fellows,  Manchester 

Unity  Friendly  Society,  name  changed 791 

Boston  Wesleyan  Association,  may  hold  additional  estate 733 

Bottles,  cans,  etc.,  to  protect  the  owners  of      .        .        .        .        .        .        .        .  1322 

Boundary  line,  between  Mashpee  and  Barnstab'.e,  to  be  examined  and  defined  1476 

between  Massachusetts  and  New  Hampshire  and  Vermont          .        .        .  1468 

Bounties,  town  of  Randolph  may  pay,  to  certain  persons 765 

Bourne,  town  of,  bridge  may  be  built  across  Monument  river  in    .        .        .        .  810 
Boxford,  town  of,  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Boyd's  pond,  in  the  city  of  Newton,  nuisance  caused  by,  to  be  abated  .        .        .  930 

Boylston  street,  in  Boston,  extension  of 978 

Boys,  Lyman  school  for,  providing  for  repairs  and  improvements  at    .        .        .  1473 
Bradford,  town  of,  footway  to  be  constructed  across  the  Merrimac  river  between 

the  city  of  Haverhill  and 886,  1362 

may  incur  indebtedness  beyond  debt  limit,  and  issue  bonds,  etc.        .        .  726 
Haverhill,  Georgetown  and  Danvers  Street  Railway  Company  may  lay 

tracks  in 1094 

Lowell,  Lawrence  and  Haverhill  Street  Railway  Company  may  locate  its 

railway  in 751. 

Bridge,  over  Acushnet  river,  relocation  and  widening  of 1062 

across  Monument  river  in  Bourne,  may  be  built 810 

over  Saugus  river,  James  W.  Dearborn  and  others  may  build      .        .        .  755 

•in  town  of  VVellfleet,  may  be  constructed 778 

over  branch  of  Westport  river,  may  be  constructed 772 

over  tide  water  in  the  town  of  Westport,  may  be  constructed       .        .        .  783 

across  Connecticut  river,  Watson  Whittlesey  may  build       ....  866 

Bridgewater,  state  farm  at,  providing  for  repairs  and  improvements  at          .        .  1455 

state  normal  school  at,  providing  for  certain  expenses  at      ...        .  1460 

Brightman,  Eugene,  in  favor  of  family  of 1452 

Leauder,  and  others,  may  construct  a  bridge  over  tide  water  in  West- 
port   783 

Brighton  Evangelical  Society,   may  convey  property  to  Brighton  Evangelical 

Congregational  Church 766 

Brintnall,  Norman  Y.,  in  favor  of •  1457 

Bristol  county,  commissioners  of,  may  construct  bridge  over  east    branch   of 

Westport  river 772 

to  cause  copies  of  certain  records  and  plans  to  be  made        ....  895 

salaries  of,  established 928 

Brockton,  city  of,  may  borrow  money  for  sewerage  purposes         ....  889 

may  borrow  money  for  completing  and  fitting  new  city  hall  building          .  906 

may  build  street  through  Thayer  burial  ground  in 803 

may  take  land  to  extend  system  of  sewage  disposal 994 

part  of  the  town  of  West  Bridgewater  annexed  to 967 

providing  for  the  election  of  superintendent  of  public  buildings  in        .        .  972 
Brockton  and  HolbrooU  Street  Rail  way  Company,  may  lease  its  franchise,  etc., 

to  the  Brockton  Street  Riiil  way  Company 728 

Building  Association,  People's,  incorporated 933 

Rockland  Factory,  incorporated 924 


Index.  1C91 


PAGE 

Building  line,  on  public  ways  may  be  established 136.5 

Buildings,  erection  and  construction  of,  relating  to 833 

in  public  parks,  cities  and  towns  may  erect,  for  shelter,  etc.        .        .        .  740 
in  the  city  of   Boston,  construction,  maintenance  and  inspection  of,   re- 
lating to     806,929,931,1375 

Bulletin  of  committee  hearings,  publication  authorized 1442 

Burbank,  Robert  I.,  in  favor  of  widow  of 1478 

Bureau  of  statistics  of  labor,  certain  papers  and  schedules  in  possession  of,  may 

be  sold 1475 

Burial  and  removal  of  human  bodies,  etc,  relating  to 902 

Burr,  Lemuel,  in  favor  of 1446 

Butler,  Benjamin  F.,  ex-governor,  death  of,  relating  to  .        .        .        .     677,  1442,  1481 

Buzzard's  bay,  better  protection  of  fisheries  in 841 


c. 

Calling  of  elections,  relating  to  the  , 1205 

Cambridge,  city  of,  certain  proceedings  of,  confirmed 1010 

may  borrow  money  for  park  purposes,  etc 974 

Cambridge  street,  in  Allston  district,  Boston,  width  to  be  established   .        .        .  941 

Camp  ground  at  Framingham,  water  supply  for 1108 

Camp  Meeting  Association,  Sterling,  trustees  of,  number  increased        .        .        .  727 

Canal  Company,  Cape  Cod  Ship,  provisions  affecting 1367 

Old  Colony  and  Interior,  incorporated 1365 

Candidates  for  office,  must  file  written  acceptance  with  nomination  papers    .       986,  1181 

nomination  of 1177 

Cans,  bottles,  etc.,  to  protect  the  owners  of 1322 

Cape  Cod  Bay  Land  Association,  may  build  a  bridge  in  town  of  Wellfleet    .        .  778 

Cape  Cod  Ship  Canal  Company,  provisions  affecting 1367 

Capital  crimes,  the  attorney-general  to  appear  in  the  trial  of  indictments  for,  in 

certain  cases 961 

Capital  trials,  to  fix  the  time  of 1015 

compensation  of  attorneys  assigned  by  the  court  in 1110 

Cattle  commissioners,  powers  and  duties  of 941 

Caucus,  term  defined 1153 

Caucuses  or  public  meetings  of  voters,  relating  to 1176 

Cavanaugh  Brothers,  in  favor  of 1448 

Cellars,  grade  for,  may  be  established  in  town  of  Winthrop 832 

Cemetery,  Somerville,  city  may  appropriate  money  for  improvement  of       .        .  760 

Cemetery  Association,  South  Middleborough,  incorporated 861 

Cemetery  Corporation,  Newton,  proceedings  confirmed 779 

Certificates  of  corporations,  providing  for  indexing 1451 

Certificates  of  elections,  etc.,  relating  to 1218 

Certificates  of  nomination  and  nomination  papers,  relating  to        .        .        .      987,  1177 

Certificates  and  registration  of  deaths,  etc.,  relating  to 902 

Change  of  names  of  persons 1539 

list  of,  reprinting  and  distribution  of 828 

Charitable  Eye  and  Ear  Infirmary,  Massachusetts,  in  favor  of      ...        •  1452 

Charles  river,  to  provide  for  the  improvement  of 1411 

Charles  river  embankment,  extension  of,  by  the  city  of  Boston     ....  1318 


1692  Index. 

PAGE 

Charlton,  town  of,  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  its  tracks  into 976 

Chattanooga,  marking  positions  of  Massachusetts  troops  at 1465 

Chicopee,  city  of,  exempted  from  law  relating  to  limit  of  municipal  debt,  etc.      .  718 

Holj'oke  Street  Railway  Company  may  extend  its  railway  into  .        .        .  769 

Chief  of  district  police,  to  receipt  for  reports  of  accidents 764 

Child,  minor,  wife  and,  evidence  in  proceedings  for  neglect  to  support .        .        •  902 

Children,  certain  indigent  and  neglected,  relative  to  care  of 895 

pauper,  cities  and  towns  to  place  in  families  and  asylums    ....  831 

Chinese  exclusion  act,  resolutions  relative  to 1487 

Christian  Associations,  Young  Women's,  of  Massachusetts  and  Rhode  Island, 

State  Association  of,  may  hold  meetings  outside  the  Commonwealth  .  709 
Church,  Brighton  Evangelical  Congregational,. the  Brighton  Evangelical  Society 

may  convey  property  to 766 

First  Baptist,  in  Lexington,  to  receive  portion  of  income  of  the  Lexington 

Ministerial  Fund 784 

First  Baptist,  in  Newton,  name  established 728 

First  Unitarian,  of  Winthrop,  name  established 778 

Primitive  Methodist,  of  the  United  States  of  America,  Eastern  Conference, 

incorporated 809 

Cities,  abating  smoke  nuisance  in  certain 988 

apportionment  of  sewer  assessments  in 1090 

certain,  may  use  valuation  of  preceding  year  as  a  basis  of  taxation    .       892,  1349 

to  indemnify  person  injured  in  assisting  police  officers         ....  823 
Cities  : 

Boston,  appropriations  by 901 

construction,  maintenance  and  inspection  of  buildings  in  .       806,  929,  931,  1375 

issue  of  bonds  by,  for  park  purposes 847 

pensioning  members  of  police  department  of 725 

may  lay  out  park  way  and  streets  across  location  of  Providence  division 

of  Old  Colony  railroad 773 

may  pay  sura  of  money  to  widow  of  George  B.  Munroe  ....  720 

may  pay  sum  of  money  to  widow  of  Francis  J.  Baxter   ....  722 
may  pay  salarj'  of  John  I.  McAvoy,  late  probation  officer,  to  his  orphan 

sisters 802 

may  establish  width  of  Cambridge  street  in  Allston 941 

part  of  the  city  of  Quincy  annexed  to 972 

protection  of  the  public  health  in 982 

providing  for  a  public  park  in  wards  six  and  seven  of      ...        .  922 

election  of  members  of  the  board  of  aldermen  in 1409 

construction  of  subways  in 1420 

loans  of,  relating  to 829 

sidewalks  in,  relating  to 1320 

to  provide  for  extension  of  Boylston  street  in 978 

to  build  a  sea  wall  in  extension  of  Charles  river  embankment.        .        .  1318 
to  refund  or  abate  assessments  for  betterments  on  account  of  extension 

of  Marine  park 899 

truant  officers  in,  civil  service  rules  to  apply  to 896 

water  supply  for,  relating  to 1363 

to  provide  for  rapid  transit  in 1428 

Exchange  Club  in,  incorporated 805 

Old  Colony  Railroad  Company,  maj'  take  land  in,  for  increased  terminal 

facilities 774 


Index.  1693 


PAGE 

Cities  —  Continued. 

Brockton,  election  of  a  superintendent  of  public  buildings  in       .        .        .  972 

may  build  street  tlirougli  Thayer  burial  ground  in 803 

may  borrow  money  for  completing  and  fitting  new  city  hall  Iniilding      .  906 

may  borrow  money  for  sewerage  purposes 889 

ma}'  take  land  to  extend  system  of  sewage  disposal 994 

part  of  town  of  West  Bridgewatcr  annexed  to 967 

Cambridge,  may  borrow  money  for  park  purposes 974 

certain  proceedings  of,  confirmed 1010 

Chicopee,  exempted  from  law  relating  to  limit  of  municipal  debt,  etc.         •  718 

Holyoke  Street  Railway  Company  may  extend  its  railway  into       .        .  769 

Everett,  may  borrow  money  beyond  limit  fixed  by  law        ....  776 

issue  of  certain  bonds  by,  legalized 1350 

Fall  River,  may  incur  indebtedness  beyond  debt  limit,  for  school  pur- 

pot^es 1352 

water  loan  for 866 

Fitchburg,  may  incur  indebtedness  beyond  debt  limit,  for  school  purposes  764 

Haverhill,  fire  department  established  in 779 

footway  to  be  constructed  across  the  Merrimac  river  between  the  town  of 
Bradford  and 886,  1362 

Holyoke,  may  construct  system  of  sewage  disposal 783 

Lawrence,  refunding  of  water  debt  provided  for,  etc 787 

Lowell,  charter  revised 1294,  1382 

additional  accommodation  to  be  provided  for  the  courts  in       .        ,        .  800 

certain  railroad  tracks  in,  may  be  removed,  etc. 730 

additional  water  supply  for 1145 

memorial  building  in,  maj-  be  used  by  the  Grand  Army  of  the  Republic  .  781 

Lynn,  charter  revised 1075 

inspector  of  provisions,  etc.,  of,  powers  extended 947 

additional  water  supply  for 1128 

Maiden,  act  relating  to   incurring  indebtedness  for  park  purposes,  to  be 

again  acted  upon  l)y  people  of 1069 

board  of  aldermen  may  grant  location  to  the  West  End  Street  Railway 

Company 1351 

powers  of  street  commissioners  of,  defined 1073 

Marlborough,  appointment  of  a  superintendent  of  streets  for       .        .        .  959 

maj'  increase  water  supply,  etc 867 

Medford,  may  construct  system  of  sewerage,  etc. 811 

may  incur  delit  beyond  legal  limit,  for  erecting  public  buildings      .        .  804 

additional  water  supply  for,  etc. 7-^6 

New  Bedford,  appointment  of  assessors  for 1314 

relocation  and  widening  of  bridge  over  the  Acushnet  river  in  .        .        .  1062 

Newburyport,  water  supply  for 1403 

Newton,  authorized  to  abate  a  nuisance  caused  by  Boyd's  pond  .        .        .  930 

may  borrow  money  for  sewerage  purposes 876 

method  of  sewer  assessments  in 914 

ward  one  of,  to  be  divided  into  two  precincts 929 

Northampton,  election  of  certain  officers  in 927 

Holyoke  Street  Railway  Company  may  extend  its  railway  into       .        .  769 

Pittsfield,  system  of  sewerage  for 966 

Quincy,  part  of,  annexed  to  the  city  of  Boston 972 

WolLiSton  Club  in,  incorporated 805 

Salem,  additional  water  supply  for 1010 


1G94  Index. 


Cities  —  Concluded. 

Somerville,  may  appropriate  money  for  improvement  of  cemetery  in  .        .  760 

may  lay  out  and  maintain  a  public  park 826 

Springfield,  establishment  and  maintenance  of  fire  department  in        .        .  7.i5 
the  Springfield  Home  for  Friendless  Women  and  Children  in,  may  hold 

additional  estate 749 

Taunton,  authority  to  take  and  hold  certain  sources  of  water  supply,  ratified  1131 

AValtham,  charter  revised 995 

compensation  allowed  to,  on  account  of  sewer  used  by  Massachusetts 

school  for  the  feeble-minded 744 

may  borrow  money  for  park  purposes 981 

Worcester,  charter  revised '    .  1330 

certain  grade  crossings  in,  relating  to 811 

Cities  and  towns,  temporary  loans  by 705 

to  further  the  formation  of  fraternal  beneficiary  corporations  among  per- 
manent employees  of 723 

may  erect  buildings  in  public  parks  in,  for  shelter,  etc.         ....  740 
to  appropriate  money  annually  for  the  extermination  of  insect  pests  upon 

highways  .        .        .        ■ 741 

to  provide  free  evening  lectures 845 

may  establish  public  playgrounds 870 

deposits  by,  in  banks  and  trust  companies 905 

to  furnish  relief  to  dependent  fathers  and  mothers  of  soldiers  and  sailors,  etc.  878, 915 

laying  out  public  parks  by 934,1152 

may  lease  open  spaces  for  gardens  or  playgrounds 967 

City  election,  term  defined 1152 

City  hospital  of  Boston,  trustees  of,  name  changed 750 

City  officer,  term  defined 1152 

City  Savings  Bank  of  Pittsfield,  incorporated 830 

Civil  government       . 1545 

Civil  service  rules,  exemptions  from,  defined 754 

to  apply  to  truant  officers  in  the  city  of  Boston 896 

Clerks : 

third,  in  office  of  secretiiry  of  the  Commonwealth,  salary  established  .        .  760 

second,  of  secretary  of  state  board  of  agriculture,  salary  established   .        .  777 

fifth  assistant,  superior  court,  county  of  Suffolk,  salary  established     .        .  790 

first  assistant,  superior  court,  county  of  Suffolk,  salary  established     .        .  828 

first,  in  office  of  adjutant  general,  salary  established 829 

additional,  in  office  of  adjutant  general,  salary  established   ....  874 

of  the  supreme  judicial  court,  providing  clerical  assistance  for     .        .        .  963 

first,  in  office  of  sergeant-at-arms,  salary  established 992 

of  third  district  court,  eastern  Middlesex,  clerical  assistance  for  .        .        .  1067 

of  municipal  court,  city  of  Boston,  civil  business,  clerical  assistance  for      .  1068 

of  certain  municipal,  district  and  police  courts,  salaries  established      .        .  1423 
Clerks  and  other  assistance,  in  office  of  secretary  of  the  Commonwealth,  relating 

to 764 

Clinton,  town  of,  Fitchbarg  and   Leominster  Street   Railway  Company  may 

extend  tracks  into 1069 

Close  season,  for  black  bass  fishing,  to  terminate  on  the  first  day  of  June     .        .  742 

Clothing  made  in  unhealthy  places,  regulating  manufacture  and  sale  of        .        .  890 

Club,  Exchange,  of  Boston,  incorporated 805 

Wollaston,  incorporated 805 

Clubs,  incorporation  of,  relating  to 871 


In^dex.  1G95 

PAGE 

Codification,  of  election  laws lli>2 

of  certain  laws  relating  to  inspection  department,  district  police  .        .        .  1477 

of  laws  relating  to  savings  banks 1460 

Collateral  legacies  and  successions,  collection  of  taxes  on 1315 

Collectors  of  taxes,  in  towns,  powers  and  duties  of 1283 

College,  American,  and  Education  Society,  name  changed  to  American  Educa- 
tion Society 769 

Massachusetts  agricultural,  providing  for  repairs,  etc.,  at    .        .        .        .  1477 

Mount  Holyolie,  trustees  of,  name  established 685 

Colleges,  etc.,  to  protect  the  name  and  credit  of 991 

Color,  race  or,  discrimination  prohibited  on  account  of,  in  public  places        .        .  1320 

Columbian  exposition,  world's,  relating  to 1453,  1469,  1478 

Commission,  ballot  law,  relating  to 1184 

highway,  appointment  of 1412 

printing  and  distribution  of  report  of 1454,1473 

metropolitan  park,  established 1135 

printing  and  distribution  of  report  of 1447,1463 

to  draft  act  embodying  the  principles  of  Torrens  system  of  land  transfer, 

to  be  appointed 759 

to  investigate  systems  of  manual  training  and  industrial  education,  print- 
ing and  distribution  of  report  of      1475 

Commissioner  of  public  records,  extra  copies  of  first  report  to  be  printed     .        .  1443 

Commissioners,  cattle,  powers  and  duties  of  . 941 

county  (see  County  commissioners). 

harbor  and  land,  salaries  established 933 

inland  fisheries  and  game,  may  furnish  trout  and  trout  spawn  to  stock 

private  waters,  under  certain  conditions 729 

may  make  arrests  without  warrant  in  certain  cases        ....  761 

Massachusetts  nautical  training  school,  advances  of  money  to,  authorized  771 

metropolitan  sewerage,  in  favor  of 1466 

of  fisheries,  convention  of,  at  Chicago,  representation  of  the  Common- 
wealth at 1473 

of  insolvency,  proposed  amendment  to  the  constitution  relative  to   .        .  1480 

of  prisons,  authority  for  removal  of,  vested  in  the  governor         .        .        .  1354 

to  make  certain  reports 1294 

on  amending  and  revising  the  laws  relating  to  taxation,  etc.,  report  to 

be  printed 1449 

on  promotion  of  uniformity  of  legislation,  terra  of  office  extended       .        .  946 

on  topographical  survey,  etc.,  extra  copies  of  report  to  be  printed     .        .  1443 

railroad,  railroad  corporations  to  make  quarterly  statements  to  .        .        .  778 

to  determine  compensation  in  cases  of  joint  occupancy  of  stations,  etc.    .  784 

to  establish  tariff  of  rates  for  transportation  of  milk 847 

road,  in  towns,  powers  and  duties  of 1284 

savings  banks,  printing  and  distribution  of  report  of 736 

sewer,  in  towns,  election,  powers  and  duties  of 940,  1284 

special,  appointment  and  election  of,  in  case  of  vacancy,  etc.        .        .       718,  1236 
state  house  construction,  may  take  Beacon  Hill  place  for  an  open  space 

around  the  state  house 1352 

to  improve  grounds  adjoining  state  house 777 

to  furnish  rooms  in  extension  of  state  house  rea<ly  for  use      .        .        .  961 
to  investigate  the  subject  of  the  migration  of  paupers  and  criminals,  to 

report  to  the  next  general  court 1479 

Committee  hearings,  bulletin  of,  publication  authorized 1442 


1696  Index. 


PAGE 

Concord  and  Montreal  Railroad,  may  be  leased  or  purchased  by  certain  other  rail- 
road corporations 906 

Conduct  of  elections,  relating  to 1207 

Congregational  Association,  American,  may  increase  capital  stock        .        .        .  718 

Congress,  members  of 1567 

Connecticut  river,  establishing  river  line  on,  at  Springfield 936 

Watson  Whittlesey  may  build  a  bridge  across 866 

Constables,  in  towns,  powers  and  duties  of 1285 

Constitution,  proposed  amendment  to,  relative  to  the  payment  of  mileage  to  mem- 
bers of  the  general  court,  to  be  submitted  to  the  people         .        .        .  1469 
proposed  amendment  to,  relative  to  commissioners  of  insolvency        .        .  1480 

Construction,  erection  and,  of  certain  buildings,  relating  to 833 

Construction,  maintenance  and  inspection  of  buildings,  in  the  city  of  Boston,  relat- 
ing to         806,  929,  931,  1375 

Contagious  diseases  among  domestic  animals,  relating  to       ....        ,  941 
Contracts,  when  a  county  is  one  of  the  parties,  county  officers  not  to  be  inter- 
ested in,  penalty 907 

Controller  of  county  accounts,  to  examine  official  bonds  of  county  officers  .        .  899 

to  prescribe  uniform  system  of  county  returns,  etc 907 

Convention  of  commissioners  of  fisheries  at  Chicago,  representation  at         .        .  1473 

Conway,  James  F.,  in  favor  of 1447 

Corporate  surety,  fidelity  insurance  and,  relating  to 767 

Corporations,  certain,  dissolved 855 

foreign  mortgage,  apportioning  expense  of  supervision  of   .        .        .        .  939 

fraternal  beneficiary,  to  terminate  the  endowment  business  of     .        .        .  1273 

to  further  the  formation  of,  among  employees  of  cities  and  towns    .        .  723 

of  other  states,  admission  of 958 

certiticiites  of,  providing  for  indexing 1451 

organized  to  furnish  light  and  heat,  etc.,  may  furnish  pneumatic  pressure  .  1126 

railroad,  to  make  quarterly  return  of  business,  etc 778 

railroad  or  railway,  when  capital  stock  is  increased,  certain  shares  to  be  sold 

at  auction 949 

Corrupt  practices  in  elections,  relating  to 1073,  1238 

Counting  ballots,  relating  to 783,  1214 

County,  Barnstable,  time  and  place  of  holding  probate  courts  in   .        .        .        .  982 

Middlesex,  official  stenographer  of,  salary  established         ....  1354 

clerical  assistance  to  register  of  probate  and  insolvency  of       .        .        .  983 

Suffolk,  clerical  assistance  for  register  of  probate  and  insolvency  of   .        .  1314 

additional  judge  of  court  of  probate  and  insolvency  of,  to  be  appointed  .  1089 

expense  of  recording  probate  proceedings  in 1279 

Worcester,  clerical  assistance  for  treasurer  of 797 

fixing  time  of  holding  probate  courts  in 9S6 

County  commissioners,  may  appoint  special  commissioners  in  certain  cases  .       718,  1237 

may  cause  examination  of  reservoirs,  etc.,  to  be  made  by  an  engineer         .  758 

relating  to  the  jurisdiction  of 879 

may  be  reimbursed  for  travelling  expenses 910 

relating  to  compensation  of     .                910 

Barnstable,  may  borrow  money  for  making  alterations  in  courthouse         .  809 

may  build  bridge  across  Monument  river  in  the  town  of  Bourne      .        .  810 

salaries  of,  established 911 

Berkshire,  to  make  repairs  on  house  of  correction  at  Pittsfield     .        .        .  1067 

Bristol,  to  cause  copies  of  certain  records  and  plans  to  be  made  .        .        .  895 

galaries  of,  established 928 


Index.  1697 


PAGE 

County  commissioners —  Concluded. 

Bristol,  autliorized  to  build  a  bridge  over  the  east  branch  of  Westport 

liver  in  the  town  of  Westport 772 

Essex,  to  construct  a  footway  across  the  Merrimac  river  between  Haverhill 

and  Bradford 886,  1362 

Middlesex,  to  provide  additional  accommodations  for  courts  in  Lowell      .  800 

AVorcester,  to  enlarge  and  repair  jail  in  city  of  Worcester    ....  926 

salaries  established 927 

County  expenses,  prescribing  uniform  system  of  vouchers  for,  etc.      .        .        .  907 

County  officers,  examination  of  oflBcial  bonds  of 899 

not  to  be  interested  in  a  contract  in  which  the  county  is  a  party,  penalty, 

etc 907 

County  taxes  granted 1457 

Court,  compensation  of  attorneys  assigned  by  the,  in  murder  cases,  to  be  paid 

by  county  in  which  trial  is  held 1110 

district,  first,  of  eastern  Middlesex,  sessions  changed 986 

third,  of  eastern  Middlesex,  clerical  assistance  for  clerk  of      .        .        .  1067 

municipal,  city  of  Boston,  civil  business,  clerical  assistance  for  clerk  of     .  1068 
probate  and  insolvency,  county  of  Suffolk,  providing  for  appointment  of 

an  additional  judge  of 1089 

superior,  justices  of,  may  appoint  stenographers 1132 

county  of  Suffolk,  salary  of  fifth  assistant  clerk  of,  established       .        .  790 

salary  of  first  assistant  clerk  of,  established 828 

supreme  judicial,  clerical  assistance  provided  for  the  clerk  of      .        .        .  963 
Courts,  certain  municipal,  district  and  police,  salaries  of  justices  and  clerks  of, 

established 1423 

police  and  district,  laws  relating  to,  revised  and  consolidated       •        .        .  1111 
police,  district  and  municipal,  to  allow  compensation  to  interpreters  and 

certain  witnesses 1096 

probate  and  insolvency,  providing  for  uniform  rules  of  practice  and  pro- 
cedure in 1068,  1448 

in  county  of  Barnstable,  time  and  place  of  holding 982 

in  county  of  Worcester,  fixing  times  for  holding 986 

Crimes,  capital,  the  attorney-general  to  appear  in  the  trial  of  indictments  of,  in 

certain  cases 961 

Criminal  processes,  officers  qualified  to  serve,  may  make  arrests  without  warrant 

for  violation  of  fish  and  game  laws 761 

Crompton  Associates,  incorporated 1143 

Crooks,  Samuel,  in  favor  of  widow  of     .        ■ 1462 

Crossings,  of  railroads  at  grade,  abolition  of,  relating  to        ...        .       923,  1288 

certain,  in  the  city  of  Worcester,  relating  to 811 


D. 

Daley,  Mary  C,  in  favor  of 1464 

Daniels,  Mary  E.,  in  favor  of 1453 

Danvers,  town  of,  Haverhill,  Georgetown  and  Danvers  Street  Railway  Company 

may  lay  tracks  in 1094 

Dartmouth,  town  of.  Fall  River  and  New  Bedford  Street  Railway  Company  may 

lay  tracks  through 957 

Davis  Centenary  Methodist  Episcopal  Society  of  Attleborough,  organization  and 

proceedings  of  the  trustees  of,  legalized 820 


1698  Iot)ex, 


PAGE 

Dearborn,  James  W.,  and  others,  may  build  a  bridge  over  Saugus  river       .        .  755 

Deaths,  certificates  and  registration  of,  relating  to 902 

Decrees  of  divorce,  relating  to 829,  916 

Deerfield  Valley  railroad,  provisions  affecting 733 

Delivery  of  ballots,  etc.,  relating  to 1203 

Dependent  fathers  and  mothers,  soldiers'  relief  by  cities  and  towns  extended  to  915 
Deposits  of  savings  banks,  etc.,  investment  of,  in  buildings  for  the  transaction  of 

banking  business 808 

Dighton,  town  of.  Fall  River  and  Taunton  Street  Railway  Company  may  lay 

tracks  in 1277 

Dipsomaniacs    and  inebriates,  Massachusetts   hospital  for,  printing  and  dis- 
tribution of  report  of  trustees  of 869 

trustees  of,  to  be  reimbursed  for  expenses 898 

Discrimination  on  account  of  race  or  color,  prohibited  in  public  places          .        .  1320 
Diseases  dangerous  to  public  health,  notices  from  local  boards  of  health  in  cases 

of 938 

Dissolution  of  certain  corporations 855 

Distinguishing  ballots,  not  to  be  used  in  election  of  moderator  in  certain  town 

meetings 809,  1254 

District,  police  and  municipal  courts,  compensation  of  interpreters  and  certain 

witnesses  in 1096 

certain,  salaries  of  justices  and  clerks  of,  established 1423 

District  attorney,  assistant,  middle  district,  salary  established       ....  782 

southern  district,  an  assistant  to,  to  be  appointed 1^62 

District  attorneys,  duties  of,  relating  to 983 

District  court,  first,  of  eastern  Middlesex,  sessions  changed 986 

third,  of  eastern  Middlesex,  clerical  assistance  for  clerk  of         .        .        .  1067 

District  police,  codification  of  certain  laws  relating  to  inspection  department  of   .  1477 

chief  of,  to  receipt  for  reports  of  accidents 764 

additional  member  of,  to  be  appointed  to  inspect  uninsured  boilers     .        .  1097 

District  and  police  courts,  laws  relating  to,  revised  and  consolidated    .        .        .  1111 

Divorce,  decrees  of,  relating  to 829,  916 

Documents,  public,  printing  and  distribution  of 736,  869,  1136 

Doyle,  Eliza  M.,  in  favor  of 1463 

Drain  and  ventilating  pipes,  in  buildings  in  the  city  of  Boston,  relating  to   .        .  931 

Drains,  private,  in  streets  and  ways,  to  be  kept  in  repair  by  owner  of  estate          .  947 

Drugs  and  medicines,  sale  of,  relating  to 873 

Drunkenness,  punishment  of,  relating  to 1350 

release  of  persons  arrested  for,  relating  to 1148 


E. 

Eastern  Middlesex,  first  district  court  of,  sessions  changed 986 

third  district  court  of,  clerical  assistance  for  clerk  of 1067 

Eastham,  town  of,  alewife  fishery  established  in 740 

Easthampton,  town  of,  vote  adopting  system  of  sewage  disposal,  etc.,  confirmed  737 

Northampton  Street  Railway  Company  may  extend  its  road  into        .        .  848 

Educational  institutions,  to  protect  the  name  and  credit  of 991 

Election  apparatus  and  blanks,  relating  to 1196 

Election  laws,  codified  and  consolidated 1152,1446 

Election  oflicer,  term  defined 1153 

Election  officers,  relating  to 1189 


Index.  1699 


PAGE 

Election  of  members  of  the  board  of  aldermen  in  the  city  of  Boston,  relating  to  .      1409 

Election  records  and  certificates,  relating  to 1218 

Election  of  special  commissioners,  in  case  of  vacancy,  etc 718,1236 

Election  of  town  officers,  relating  to 1249 

acceptance  of    Australian    system,   so-called,    to    be    used    at,  may  be 

revoked 748,  1260 

McTammany  automatic  ballot  machines  may  be  used  at     ...        .      1379 
no  distinguishing  marks  to  be  placed   upon  ballots   used  for  choice  of 

moderator  at 809,  1254 

Elections,  calling  of 1205 

conduct  of 1207 

counting  of  ballots  at 785,1208 

persons  voting  at,  return  of,  to  include  females 943,  1216 

special,  filing  of  certificates  of  nomination  and  nomination  papers  prior 

to 987,  1180 

special,  registration  of  voters  for 846,1166 

Electors  of  president  and  vice  president,  election  of 1244 

manner  of  choosing  in  case  of  failure  to  elect 1233 

proceedings  of 1238 

Electric  Freight  Railway,  Fall  River,  time  for  construction  of,  extended  .  .  820 
Electric  lighting  plants,  gas  and,  municipal,  establishment  of  ...  .  13.55 
Electric  Machine  and  Power  Company,  Woonsocket,  may  furnish  light  and 

power  to  the  towns  of  Bellingham  and  Franklin 1100 

Electric  Railroad  Company,  Mlllbury,  Sutton  and  Douglas,  incorporated  .  .  801 
Electric  Street  Railway  Company,  Pittsfleld,  may  issue  mortgage  bonds       .        .      1091 

Rockport,  incorporated 989 

Employees,  injuries  suffered  by,  liability  of  employer  for 993 

certain,  of  street  railway  companies,  hours  of  labor  regulated      .        .        .      1097 
of  cities  and  towns,  to  further  the  formation  of  fraternal  tieneficiary  corpo- 
rations among 723 

Employers,  liability  of,  for  injury  to  employees 993 

Employment,  at  manual  labor,  persons  engaged  in,  for  the  Commonwealth,  nine 

hours  to  constitute  a  day's  work 1135 

Endowment  business  of  fraternal  beneficiary  corporations,  to  terminate       .        .      1273 

Equity,  concerning  appeals  in  suits  in 739 

Erection  and  construction  of  certain  buildings,  relating  to 833 

Erection    and    construction   of    buildings   in  the   city  of    Boston,   relating    to 

765,  929,  931,  1375 

Essex,  town  of,  laws  relating  to  alewife  fishery  in  rivers  of,  codified  and  amended        715 

Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay  tracks  in        798 

Lynn  and  Boston  Railroad  Company  may  extend  its  railway  through        .        961 

Essex  County  Street  Railway  Company,  incorporated 1098 

Everett,  city  of,  may  borrow  money  beyond  the  limit  fixed  by  law        .        .        .        776 

certain  bonds  issued  by,  legalized 13.50 

Exchange  Club,  of  Boston,  incorporated 805 

Executive  department 1547 

Executors,  etc.,  non-resident,  appointment  of  agents  of <69 

Exemptions  from  civil  service  rules,  defined 754 

Exeter  and  Amesbury  Railroad  Company,  time  for  filing  location  of,  extended  .  782 
Eye  and  Ear  Infirmary,  Massachusetts  Charitable,  in  favor  of      ...        •      1452 


1700  Index. 

F. 

PAGE 

Failure  to  elect,  etc.,  in  state  elections,  relating  to 1233 

town  officers,  relating  to 1258 

Fairhaven,  town  of,  relocation  and  widening  of  bridge  over  AcusLnet  river  in      .  1062 

taking  of  scallops  in  waters  of,  regulated 807 

water  supply  for 875 

Fairhaven  Water  Company,  charter  revived  and  amended 874 

Fall  River,  city  of,  may  incur  indebtedness  beyond  the  debt  limit,  for  school 


purposes 


1352 


water  loan  for 866 

Fall  River  and  New  Bedford  Street  Railway  Company,  incorporated    ...  957 

Fall  River  and  Taunton  Street^Railway  Company,  incorporated   ....  1277 

Fall  River  Collateral  Loan  Association,  incorporated      .        .        .        ...        .  1288 

Fall  River  Electric  Freight  Railway,  time  for  construction  of,  extended       .        .  820 

Farm,  state,  at  Bridgewater,  providing  for  repairs  and  improvements  at       .        .  1465 

Farms,  abandoned,  information  concerning,  to  be  collected  and  circulated   .        .  1466 

Faunce,  Hiram  S.,  town  of  Randolph  may  pay  bounty  to 765 

Feeble-minded,  Massachusetts  school  for,  construction  of  sewers  at     .        .        .  1452 

disposal  of  sewage  from 744 

providing  for  a  new  hospital  for 1451 

Fees,  magistrates',  in  poor  del)tor  proceedings,  relating  to 730 

Fidelity  insurance  and  corporate  surety,  relating  to 767 

Filing  of  nomination  certificates,  etc.,  before  special  elections,  time  of          .      987,  1180 

Fire  department,  establishment  and  maintenance  of,  in  city  of  Springfield     .        .  755 

establishment  of,  in  city  of  Haverhill 779 

Fire  District,  Number  One  of  Attleborough,  town  of  Attleborough  may  purchase 

franchise,  etc.,  of 734 

Great  barrington,  may  borrow  money  to  improve  its  water  works      .        .  1016 

Number  One  of  Greenfield,  limits  extended 750 

Number  One  of  South  Hadley,  may  refund  loan 985 

Fire  insurance  companies,  mutual,  enlarging  limits  within  which  they  may  do 

business 727 

Firemen  killed  or  fatally  injured  in  discharge  of  duty,  allowance  to  families  of   .  1130 
First  Baptist  Church  in  Lexinatoa,  to  receive  portion  of  the  income  of  the  Lexing- 
ton ministerial  fund 784 

First  Baptist  Society  in  Newton,  name  changed  to  First  Baptist  Church  in  Newton  728 

First  Congregation.ll  Society  m  Somerville,  may  sell  real  estate,  etc.     .        .        .  948 

First  district  court,  eastern  Middlesex,  time  of  sessions  changed    ....  986 

First  Unitarian  Church  of  Winthrop,  name  established 778 

Fish  and  game  laws,  arrests  for  violations  of,  may  be  made  without  wan-ant        .  761 

Fisheries,  of  Buzzard's  bay,  lietter  protection  of 841 

in  watersof  the  town  of  Marion,  regulating  the  taking  of  shellfish,  etc.,  in  .  898 

alewife,  established  in  town  of  Eastham 740 

in  Mill  and  Essex  rivers,  laws  relating  to,  codified  and  amended      .        .  715 
black  bass,  close  season  to  terminate  the  first  day  of  June   ....  742 
lobster,  penalty  for  taking  with  net  or  trap,  by  any  person  not  an  inhab- 
itant of  the  state 820 

scallop,  in  waters  of  the  town  of  Fairhaven,  regulated          ....  807 

in  waters  of  the  town  of  Marion,  relating  to 727 

shad  and  alewife,  in  the  Merrimac  river,  restrictions  upon,  removed  .        .  837 
convention  of  commissioners  of,  at  Chicago,  representation  of  the  Common- 
wealth at 1473 


Index.  1701 


Fitcbbnrg,  city  of,  may  incur  imlebtedness  beyond  debt  limit,  for  school  pur- 
poses            761 

Fitchburg  and  Leominster  Street  Railway  Company,  may  extend  tracks  and 

increase  capital  stock        . 1069 

Fitchbnrg  Railroad  Company,  stock  and  bonds  of,  held  by  the  Commonwealth, 

relating  to lUl 

Fitzgerald,  Annie,  in  favor  of 14<3 

Flags,  town  of  Marblehead  may  appropriate  money  to  purchase,   for  United 

States  war-ghip  named  for  said  town 72 1 

Folk-Lore  Society,  American,  incorporated 1099 

Foreign  carrying  trade,  vessels  engaged  in,  taxable  valuation  of   .        .        .        .  789 

Foreign  mortgage  corporations,  apportioning  expense  of  supervision  of        .        .  939 

Fort  Point  channel,  passage  of  vessels  through  drawbridge  over    ....  992 
Fraralngham,  town  of,  Natick  Electric  Street  Railway  Company  may  extend  its 

tracks  into 984 

state  normal  school  at,  providing  for  improvements  at          ....  1459 

straightening  the  boundary  line  of  the  premises  owned  by         .        .        .  1474 

water  supply  for  state  camp  ground  at 1108 

Franklin,   town  of,   Woonsocket  Machine  and  Power  Company  may  furnish 

light  and  power  to 1100 

Franklin  county,  assistant  register  of  probate  and  insolvency  in,  may  be  appointed  789 

Fraternal  Accident  Association  of  America,  name  established        ....  789 
Fraternal  beneficiary  corporations,  to  further  the  formation  of,  among  employees 

of  cities  and  towns 723 

to  terminate  the  endowment  business  of 1273 

of  other  states,  relative  to  admission  of,  to  this  state 958 

Free  evening  lectures,  cities  and  towns  to  provide 845 

Freight  Railway,  Fall  River  Electric,  time  for  Construction  of,  extended     •        .  820 

Fund,  school,  distribution  of  income  of 908 


G. 

Game,  taking  of  quail  on  Island  of  Nantucket,  prohibited  for  two  years       .        .  724 

birds  and,  preservation  of,  relating  to 827,1126 

Gardens  and  playgrounds,  cities  and  towns  may  lease  open  spaces  for  .        .        .  967 
Gardner,  town   of,    Fitchl)urg  and  Leominster  Street  Railway   Company  may 

extend  tracks  into 1069 

Gas  Company,  Bay  State,  relating  to 1410 

Gas  and  electric  lighting  plants,  municipal,  estabDshraent  of         ....  1355 

General  laws,  tables  of  changes  in,  since  1882 1571 

Georgetown,  town  of,  Haverhill,  Georgetown  and  Dan  vers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Gerald,  George,  town  of  Randolph  may  pay  bounty  to 765 

Girls,  state  industrial  school  for,  providing  for  repairs  and  improvements  at    1464,  1461, 

1475 

Gloucester,  Essex  and  Beverly  Street  Railway  Company,  incorporated        .        .  798 

Gosnold,  town  of,  in  favor'of  certain 'inhabitants  of 1462 

Governor,  inaugural  address  of,  to  the  legislature 1488 

special  messages  of 1507 

Governors,  resolutions  concerning  portraits  of  former 1484 

Government  telegraph  and  telephone  service,  resolution  concerning      .        .        .  1485 


1702  Index. 

PAGE 

Grade  crossings,  abolition  of,  loans  for,  etc 923, 1288 

certain,  in  the  city  of  Worcester,  relating  to 811 

Grafton  and  Upton  Railroad  Company,  may  issue  bonds  to  pay  for  improvements  930 
Grand  Army  of  the  Republic,  providing  for  the  preservation  of  the  records  and 

history  of 1144 

memorial  building  in  Lowell  may  be  used  by,  as  a  place  of  meeting  .        .  781 

Granite  Trust  Company,  name  cBtablished 905 

Great  Barrington  Fire  District,  may  borrow  money  to  improve  its  water  works   .  1016 

Greeley,  Henry  C,  in  favor  of 1453 

Greenfield,  Fire  District  Number  One  of,  limits  extended 750 

Groton  School,  Trustees  of  the,  incorporated 753 

Groveland,  town  of,  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Guardians,  etc.,  non-resident,  appointment  of  agents  of 769 

Gypsy  moth,  providing  against  depredations  by 1453 

resolution  concerning  the  extermination  of 1486 

special  report  of  the  board  of  agriculture  on,  to  be  printed  .        .        .        .  1446 


H. 

Hadley,  town  of,  Northampton  Street  Railway  Company  may  extend  its  road 

into 848 

Hamilton,  town  of,  Gloucester,  Essex  and  Beverly   Street  Railway  Company 

may  lay  tracks  in 798 

Hanson,  town  of,  water  supply  for 1326 

Harbor  and  land  commissioners,  board  of,  to  define  the  boundary  line  between 

Mashpee  and  Barnstable 1476 

salaries  established 933 

Harvard  Musical  Association,  may  hold  additional  estate 845 

Hatchery,  state,  at  Wilkinsonville  in  Sutton,  repairs  and  improvements  at  .  .  1465 
Hatfield,  town  of,  Northampton  Street  Railway  Company  may  extend  its  road 

into 848 

Haverhill,  city  of,  fire  department  established  in 779 

footway  to  be  constructed  across  the  Merrimac  river  between  the  town  of 

Bradford  and 886,  1362 

Haverhill,  Georgetown  and  Danvers  Street  Railway  Company,  incorporated        .  1093 

Haverhill  and  Groveland  Street  Railway  Company,  provisions  affecting        .        .  751 

Hawaiian  islands,  resolutions  relative  to  annexation  of 1484 

Hayes,  Rutherford  B.,  ex-president,  resolutions  on  the  death  of  .  .  .  1481,  1482 
Health,  local  boards  of,  notices  from.  In  cases  of  diseases  dangerous  to  the  public 

health 938 

public,  to  secure  better  enforcement  of  the  laws  relating  to  .        .        .        .  1364 

Herring  pond,  in  town  of  Eastham,  alewife  fishery  established  in  .        .        .        .  741 

Hickey,  Hugh,  town  of  Randolph  may  pay  bounty  to 765 

Higgins,  Thomas  P.,  in  favor  of 1454 

Highway  commission,  to  provide  for  the  appointment  of 1412 

printing  and  distribution  of  report  of 1454,  1473 

Highways,  relative  to  laying  out  and  alteration  of 743 

surveyors  of,  in  towns,  powers  and  duties  of 1283 

Historical  works,  certain,  relative  to  service  of  Massachusetts  volunteers,  to  be 

purchased 1147 

Holyoke,  city  of,  may  construct  a  system  of  sewage  disposal         ....  783 


Index.  1703 


PAGit 

Holyoke  Street  Railway  Company,  may  extend  its  railway  into  the  citiei  of 

Northampton  and  Chicopee 769 

Holyoke  and  Westfield  Railroad  Company,  may  establish  a  sinking  fund   .        .  738 
Home,  for  Friendless  Women  and  Children,  Springfield,  may  hold  additional 

estate 749 

New  England  Deaconess,  and  Training  School,  powers  extended        .        .  841 
Hoosac  Tunnel  and  Wilmington  Railroad  Company,  issue  of  bonds  by        .        .  733 
Hoosac  Valley  Street  Railway  Company,  may  issue  bonds  to  refund  debt    .        .  904 
Hopkinton,  town  of,  may  borrow  money  to  buy  land  and  erect  a  high  school- 
house         840 

Natick  Electric  Street  Railway  Company  may  extend  its  tracks  into  .        .  984 
Hospital,  for  dipsomaniacs  and  inebriates,  printing  and  distribution  of  report  of 

trustees  of 869 

trustees  of,  to  be  reimbursed  for  expenses 898 

Boston  City,  The,  name  established 750 

Noble,  The  Trustees  of,  incorporated 900 

Northampton  lunatic,  enlargement  and  repairs  of 1463 

Taunton  lunatic,  repairs  and  improvements  at 1462 

Westborough  insane,  repairs  and  improvements  at       ...        .     1465,  1467 

payment  of  current  expenses  of 1448 

Worcester  lunatic,  repairs  and  improvements  at 1464 

Hours  of  labor  of  certain  employees  of  street  railway  companies,  regulated         .  1097 
Hudson,  town  of,  may  erect  and  maintain  public  library  building  and  memorial 

hall 1092 


I. 

Imprisonment  for  non-payment  of  poll  tax,  not  to  exceed  twenty  days        .        .  885 

Improvement  of  Charles  river,  providing  for 1411 

Inaugural  address  of  the  governor  to  the  legislature 1488 

Income  of  school  fund,  distribution  of     .        . 908 

Increase  of  capital  stock,  by  corporations  operating  railroads  or  railways,  certain 

shares  to  be  sold  at  auction 949 

Index  to  certificates  of  corporations,  providing  for 1451 

Index  to  registration  returns,  providing  for 14.'J0 

Indians,  Passamaquoddy  tribe  of,  relating  to 1471 

Indigent  and  neglected  infants,  in  state  almshouse,  relating  to      ...        .  864 

Indigent  and  neglected  children,  relating  to 895 

Indigent  soldiers  and  sailors,  etc.,  to  compel  compliance  with  the  law  requiring 

relief  to  be  furnished 878 

Industrial  education,  manual  training  and,  report  of  commission  to  investigate 

systems  of,  to  be  printed 1475 

Industrial  school  for  girls,  state,  providing  for  repairs  and  improvements  at  1464, 1461, 1475 

Infants,  indigent  and  neglected,  in  state  almshouse,  relating  to       ...        .  864 

Information  to  voters,  relating  to 1201 

Injuries  suffered  by  employees,  liability  of  employers  for,  relating  to  .  .  .  993 
Inland  fisheries  and  game,  commissioners  of,  may  make  arrests  v?ithout  warrant, 

in  certain  cases 761 

may  furnish  trout  and  trout  spawn  to  stock  private  waters,  under  certain 

conditions 729 

Innholders,  baggage,  etc.,  remaining  unclaimed  in  possession  of,  disposition  of   .  1274 

not  to  give  credit  to  students  who  are  minors 928 


1701:  IXDEX. 


PAGE 

Insane,  chronic,  building  of  an  aBvlutn  for 1110 

Westborough,  payment  of  current  expenses  of 1448 

repairs  and  improvements  at 1465,  1467 

Insect  pests,  providing  for  extermination  of    .        . 741 

Insolvency,  commissioners  of,  proposed  amendment  to  the  constitution  relative  to  1480 

proceedings  in,  relating  to 1132 

courts  of  probate  and,  providing  for  uniform  rules  of  practice  and  pro- 
cedure in 1068,  1448 

Inspection,  of  certain  buildings,  erection,  construction  and,  relating  to         .        .  833 
of  buildings,  construction,  maintenance  and,  in  the  city  of  Boston,  relating 

to 806,  929,  931,  1375 

of  uninsured  boilers,  relating  to 1097 

Inspection  department,  district  police,  codification  of  certain  laws  relating  to        .  1477 

Inspector  of  provisions,  etc.,  in  city  of  Lynn,  extending  the  powers  of .        .        .  947 
Institutions  for  savings  (see  Savings  banks). 

Insurance,  fidelity,  and  corporate  surety,  relating  to 767 

Insurance  companies,  mutual  fire,  enlarging  limits  within  which  they  may  do 

business 727 

Insurance  policies,  copy  of  application  to  be  attached  to,  in  certain  cases      .        •  1316 
Interpreters,  etc.,  in  criminal  cases  before  trial  justices,  police,  district  and  munic- 
ipal courts,  to  be  compensated 10S6 

Interstate  Street  Railway  Company,  relating  to  mortgage  issued  to  secure  bonds  790 
Intoxicating  liquors,  licenses  for  sale  of,  commission  to  examine  and  report  on 

Norwegian  system  of,  to  be  appointed 1467 

Ipswich,  town  of,  time  of  acceptance  of  water  act  by,  extended      ....  785 

Essex  County  Street  Railway  Company  may  lay  tracks  in  .        .        .        .  10^8 
Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay  tracks 

in 798 

Lynn  and  Boston  Railroad  Company  may  extend  its  railwaj'  through        .  960 

Israelitish  faith,  marriages  solemnized  by  rabbis  of,  relating  to     .        .        .        .  1364 

J. 

Jackson,  Hiram,  in  favor  of  family  of 14'i2 

Jamaica  Plain  Trust  Company,  mcorporated 873 

Jennings,  Henry  J.,  in  favor  of  widow  of 1450 

John  Greenleaf  Whittier  Homestead,  Trustees  of,  incorporated     ....  865 

Judge  ofprohate  and  insolvency,  county  of  Suffolk,  appointment  of  an  additional  1089 

Judges  of  probate  and  insolvency,  salaries  established 1400 

Judicial  department 1564 

Justice  of  the  peace,  I.  Austin  Bassett,  acts  legalized 1451 

Charles  F.  Paine,  acts  legalized '    .        .  1446 

Francis  W.  Qua,  acts  legalized 1476 

Justices  and  clerks  of  certain  municipal,  district  and  police  courts,  salaries  estab- 
lished           1423 


L. 

Labels,  trade-marks,  etc.,  persons  or  associations  to  be  protected  therein      .        .      1327 
Labor,  bureau  of  statistics  of,  certain  papers  and  schedules  in  possession  of,  may  be 

sold 1475 


Index.  1705 


PAGE 

Labor,  nianufil,  prrsons  employed  at,  for  tlie  Coininoiuvcaltli,  nine  lioiirs  to  con- 

stittite  a  day's  work 11S5 

Lakeville,  town  of,  proceedings  of  annual  meeting  confirmed         ....  873 
Lancaster,   town  of,  Fit(  Lbiirg  and  Leomirister  Street  Railway  Company  may 

extend  tracks  into 1069 

Land  transfer,  Torrens  system  of,  comniission  to  be  apjiointcd  to  draft  act  em- 
bodying principles  of 7'0 

Lands,  provijice,  at  Piovincetown,  care  and  Hupervinion  of 14i  1 

Lawrence,  city  of,  refunding  of  water  debt  provided  for,  etc.          ....  7^7 

Lawrence  Trust  Company,  incorporated S93 

Lectures,  free  evening,  cities  and  towns  to  provide 845 

Legacies,  collateral,  and  successions,  collection  of  taxes  on 131") 

Legislation,  uniformity  of,  term  of  office  of  corainissioners  for  promotion  of, 

extended 916 

Legislative  dejiartment 1548 

Leicester,  town  of,  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  its  tracks  into 976 

Leicester  water  Buj)ply  district,  may  construct  system  of  sewage  disposal     .        .  817 

Lenox,  town  of,  sewage  disposal  of 1093 

Leominster,  town  of,  may  incur  debt  beyond  legal  limit,  for  building  town  hall 

and  for  school  purposes 7-^9 

Lexington, ;town  of,  Newton  Street  Railway  Company  may  extend  its  tracks  into  K  71 
Lexington  Ministerial  Fund,  Trustees  of,  may  pay  portion  of  income  of  said  fund 

to  ibe  First  Baptist  Church  of  Lexington 784 

Librarian  of  state  library,  relating  to 747 

Library,  stale,  relating  to 747 

Library  commi.-sion,  extra  copies  of  report  of,  to  be  printed 1462 

Library  Corporation,  Millicent,  treasurer  and  receiver  general  may  receive  and 

hold  in  trust  bequest  for 1107 

Licenses,  for  carrying  on  offensive  trades,  relating  to 761 

for  sale  of  intoxicating  liquors,  commission  to  examine  and  report  on  Nor- 
wegian system  of,  to  be  appointed 1467 

Licensing  of  plumbers,  etc.,  relating  to 1418 

Liens  upon  personal  property,  notice  in  proceedings  to  enforce      ....  808 

Lincoln,  town  of,  Newton  Street  Railway  Company  may  extend  its  tracks  into  .  1071 
Liquor,  intoxicating,  licenses  for  sale  of,  commission  to  examine  and  report  on 

Norwegian  system  of,  to  be  appointed 1467 

List  of  changes  of  names,  to  be  reprinted 828 

Loan  Association,  Fall  River  Collateral,  incorporated 1288 

Loan  and  trust  companies,  safe  deposit  and,  time  of  organization,  etc.,  limited    .  765 
Loans,  for  promotion  of  abolition  of  grade  crossings,  treasurer  and  receiver  gen- 
eral to  establish  sinking  fund  for  payment  of 1288 

temporary,  by  cities  and  towns,  relating  to 705 

of  the  city  of  Boston,  relating  to 829 

Lobsters,  penalty  for  taking,  by  any  person  not  an  inhabitant  of  the  state    .        .  820 

Long,  Anna  M.,  in  favor  of 14€6 

Lord's  day,  sale  of  milk  on 720 

Lowell,  city  of,  charter  revised 1^9*.  ^382 

additional  accommodations  to  be  provided  for  the  courts  in         ...  800 

certain  railroad  tracks  in,  raav  be  removed,  etc 73') 

additional  water  supply  for 1145 

memorial  building  in,  may  be  used  by  Grand  Army  of  the  Republic  as  a 

place  of  meeting 781 


1706  Index. 

PAGE 

Lowell,  Lawrence  and  Haverhill  Street  Railway  Company,  may  locate  its  railway 

in  towns  of  North  Andover  and  Bradford 751 

provisions  aflfecting 1094 

Lunatic  hospital,  Northampton,  enlargement  and  repair  of 1463 

Taunton,  repairs  and  improvements  at 1462 

Worcester,  repairs  and  improvements  at 1464 

Lunenburg,  town  of,  Fitchbnrg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Lyman  school  for  boys,  repairs  and  improvements  at 1473 

Lynn,  city  of,  charter  revised 1075 

inspector  of  provisions,  etc.,  of,  powers  extended 947 

additional  water  supply  for 1128 

Lynn  and  Boston  Railroad  Company,  may  extend  its  railway,  etc.       .        .        .  960 

Lynnfield,  town  of,  Wakefield  and  Stoneham  Street  Railway  Company  may 

extend  its  tracks  into 953 

Lyons,  John  W.,  town  of  Randolph  may  pay  bounty  to 765 

M. 

Magistrates'  fees  in  poor  debtor  proceedings,  relating  to 730 

Maiden,  city  of,  act  relating  to  incurring  indebtedness  for  park  purposes,  to  be 

again  acted  upon  by  people  of 1069 

board  of  aldermen  of,  may  grant  locations  to  the  West  End  Street  Railway 

Company 1351 

powers  of  street  commissioners  of,  defined 1073 

Maiden,  Melrose  and  Stoneham  Street  Railway  Company,  Incorporated      .        .  1292 
Manchester,  town  of,  Gloucester,  Essex  and  Beverly  Street  Railway  Company 

may  lay  tracks  in 798 

Manet  Street  Railway  Company,  may  sell  franchise,  etc.,  to  Quincy  and  Boston 

Street  Railway  Company 950 

Manual  labor,  persons  employed  at,  for  the  Commonwealth,  not  to  exceed  nine 

hours'  work  per  day 1135 

Manual  training,  etc.,  report  of  commission  on,  to  be  printed         ....  1475 

Manufacture  and  sale  of  clothing  made  in  unhealthy  places,  relating  to       .        .  890 
Manufacturing  Corporations  : 

Assabet,  may  increase  capital  stock 802 

Massachusetts  Cotton  Mills,  may  increase  capital  stock,  etc.        .        .        .  739 

Monument  Mills,  may  hold  additional  estate 606 

Richmond  Iron  Works,  may  hold  additional  estate 803 

Wa8hi)urn  and  Moen,  may  increase  capital  stock         .        .        .        .        •  714 
Marblehead,  town  of,  may  appropriate  money  to  purchase  set  of  flags  for  use  of 

United  States  war-ship  named  for  the  town 724 

Marine  park,  in  city  of  Boston,  assessments  for  betterment  on  account  of  exten- 
sion of,  to  be  abated  or  refunded 899 

Marine  Society  at  Salem,  certain  real  estate  of,  exempt  from  taxation  .        .        .  797 

Marion,  town  of,  taking  of  scallops  in  the  waters  of,  relating  to     ...        .  727 

regulating  the  taking  of  shellfish,  etc,  from  waters  of        ...        .  898 

Markets  Savings  Bank,  incorporated 770 

Marlborough,  city  of,  appointment  of  a  superintendent  of  streets  for         .        .  959 

may  increase  water  supply 867 

St.  Jean  Baptiste  Society  of,  powers  extended 771 

Marriages  by  rabbis  of  the  Israelitish  faith,  relating  to 1364 


Index.  1707 


Mashpee,  town  of,  boundary  line  between  Barnstable  and,  to  be  defined       .        .  1478 

Masonic  Buildinp  Association  in  New  Bedford,  may  increase  capital  stock  .        .  802 

Massachusetts,  New  Hampshire  and  Vermont,  states  of,  boundary  between        .  1468 

Massachusetts,  the  battleship,  appropriate  gift  to  be  presented  by  the  state  to      .  1478 

Massachusetts  agricultural  college,  providing  for  repairs,  etc.,  at  .        .        .        .  1477 
Massachusetts  Branch  of  the  Independent  Order  of  Odd  Fellows  Manchester 

Unity  Friendly  Society,  The,  name  established 791 

Massachusetts  Central  Railroad  Company,  provision  affecting       ....  927 

Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of 1462 

Massachusetts  Cotton  Mills,  may  increase  capital  stock,  etc 789 

Massachusetts  Highway  Commission,  providing  for  the  appointment  of       .        .  1412 
Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  printing  and  distribu- 
tion of  report  of  trustees  of 869 

trustees  of,  to  be  reimbursed  for  expenses 888 

Massachusetts  nautical  training  school,  advances  of  money  to  commissioners  of  771 

Massachusetts  reformatory,  providing  a  system  of  electric  lighting  at  .        .        .  1472 

officers  of 971 

Massachusetts  school  for  the  feeble-minded,  disposal  of  sewage  from    .        .        .  744 

providing  for  a  new  hospital  for 1451 

construction  of  sewers  at 1452 

Massachusetts  school  fund,  West  Tisbury  to  receive  proportion  of  income  of       .  677 

distribution  of  income  of 908 

Massachusetts  troops  at  Chattanooga,  ascertaining  and  marking  positions  occu- 
pied by,  relating  to 14M 

Massachusetts  volunteer  militia,  concerning 1017 

providing  for  heavy  artillery  drill  of 1474 

new  outfit  for  medical  department  of 1459 

providing  for  certain  expenses  of  the  naval  battalion  of       ...        •  1464 

repair  of  uniforms  of,  etc 1321 

Massachusetts  volunteers,  works  relative  to  services  of,  purchase  of  certain         .  1147 
Mattapoisett,  town  of.  Inhabitants  of,  may  take  shellfish,  etc.,  from  the  waters  of 

the  town  of  Marion,  under  certain  conditions 898 

Mayor  and  aldermen,  appropriation  for  extermination  of  insect  pests,  in  cities, 

to  be  expended  under  direction  of 741 

McAvoy,  John  I.,  salary  of,  as  probation  officer,  may  be  paid  to  his  orphan 

sisters .  802 

McTammany  automatic  ballot  machine,  towns  may  use,  in  voting  at  town  elec- 
tions    1379 

Medford,  city  of,  additional  water  supply  for,  etc 756 

may  incur  debt  beyond  legal  limit,  for  erecting  public  buildings  .        .        •  804 

may  construct  system  of  sewerage,  etc. 811 

Medical  Association,  Thurber,  qualifications  for  membership  in    .        .        .        .  877 

Medicines,  drugs  and,  sale  of,  relating  to 873 

Melrose,  town  of,  additional  water  supply  for 944 

additional  water  loan  for 1316 

Maiden,  Melrose  and  Stoneham  Street  Railway  Company  may  lay  tracks 

in 1292 

Wakefield  and  Stoneham  Street  Railway  Company  may  extend  its  tracks 

into 953 

Merrlmac  river,  restrictions  upon  shad  and  alewife  fishing  In  a  certain  portion  of, 

removed 837 

Merrimack  Valley  Street  Railway  Company,  provisions  affecting  ....  751 

Messages,  special,  to  the  legislature 1507 


1708  Index. 


PAGE 

Messenger  to  serfjeant-at-arms,  detailed  for  duty  with  the  treasurer  and  receiver 

general,  additional  compensation  for 1143 

Messengers,  pages,  etc  ,  in  favor  of 1474 

Metropolitan  park  commission,  established 1135 

printing  and  distribution  of  report  of 1447,  1463 

to  provide  for  the  improvement  of  Charles  river 1411 

Metropolitan  sewerage  commissioners,  in  favor  of 1466 

Metropolitan  transit  commission,  to  provide  rapid  transit  for  Boston  and  vicinity  1428 

Middle  district,  assistant  district  attorney  for,  salary  established  ....  782 

Middleborough,  town  of,  proceedings  of  annual  meeting  confirmed       .        .        .  849 

South  Middleborough  Cemetery  Association  in,  incorporated       .        .        .  861 

Middlesex  county,  clerical  assistance  to  register  of  probate  and  insolvency  of      .  983 

official  stenographer  of,  salary  established 1354 

commissioners  of,  to  provide  additional  accommodations  for  the  courts  in 

Lowell 800 

Migration  of  paupers  and  criminals,  commission  to  investigate  subject  of,  to  report 

to  next  general  court 1479 

Militia,  volunteer,  concerning  the 1017 

providing  for  certain  expenses  of  the  naval  battalion  of        ....  1464 

providing  for  heavy  artillery  drill  in  the  armories  of 1474 

providing  for  new  outfit  for  medical  department  of 1459 

repair  of  uniforms  of,  etc 1321 

Milk,  sale  of,  on  the  Lord's  day 720 

to  protect  the  owners  of  cans,  bottles,  etc.,  used  in  the  sale  of      .        .        .  1322 

transportation  of 846 

Millbary,  Sutton  and  Douglas  Electric  Railroad  Company,  incorporated      .        .  801 

Millbury  Water  Company,  incorporated 819 

Milldams,  etc.,  examination  of,  may  be  maide  by  an  engineer         ....  758 
Millicent  Library  Corporation,  treasurer  and  receiver  general  may  receive  and 

hold  in  trust  bequest  for 1107 

Minor  child,  wife  and,  evidence  in  proceedings  for  neglect  to  support    .        .        .  902 
Minors  and  women,  resolutions  relative  to  national  legislation  regulating  the  hours 

of  labor  of 1486 

Moderator,  choice  of,  at  town  elections,  no  distinguishing  mark  to  be  placed  upon 

ballots  for 809,  1254 

806 

810 

939 

1485 


Monument  Mills,  mav  hold  additional  estate 

Monument  river,  in  Bourne,  bridge  may  be  built  across         .... 
Mortgage  corporations,  foreign,  apportioning  expense  of  supervision  of 
Moseley,  Edward  A.,  thanks  of  the  Commonwealth  tendered  to   . 
Mount  Holyoke  Seminary  and  College,  Trustees  of,  name  changed  to  Trustees  of 

Mount  Holyoke  College 

Municipal,  district  and  police  courts,  certain,  salaries  of  justices  and  clerks  of 

services  of  interpreters  and  certain  witnesses  in,  to  be  compensated    . 
Municipal  court,  city  of  Boston,  civil  business,  clerical  assistance  for  clerk  of 
Municipal  gas  and  electric  liuhting  plants,  establishment  of  . 
Munroe,  George  B.,  city  of  Boston  may  pay  sum  of  money  to  widow  of 
Murder  cases,  compensation  of  attorneys  assigned  by  the  court  in 

Murphy,  Margaret,  in  favor  of 

Mutual  fire  insurance  companies,  enlarging  limits  within  which  they  may  do 

business 

Mystic  river,  time  of  completing  certain  improvements  in,  extended 


685 
1423 
1096 
1068 
1355 

720 
1110 
1445 

727 
972 


Index.  1709 

isr. 

PARK 

Names  of  persons  chatifred Ifi^Q 

list  of,  to  be  reprinted 828 

Nantucket,  better  protection  of  quail  on  island  of 724 

Nantucket  Athennium,  may  hold  additional  estate 734 

Nantucket  Beach  Street  Ilailwa}'  Company,  name  changed  and  powers  extended  951 
Natick  Electric  Street  Railway  Company,  m.iy  extend  its  railway,  increase  capi- 
tal stock,  etc 984 

Naturalization,  to  restrict  the  payment  of  expenses  of 1073,  12l2 

Nautical  training  school,  Massachusetts,  advances  of  money  to  commissioners 

of,  authorized 771 

Naval  battalion  of  the  militia,  providing  for  certain  expenses  of    ....  1464 

Needham,  town  of,  may  pay  water  debt  in  annual  proportionate  payments  .        .  7'>2 

Newton  Street  Railway  Company  may  extend  its  tracks  into       .        .        .  1(171 

Neglected  children,  indigent  and,  relating  to 895 

Neglected  infants,  indigent  and,  in  state  almshouse,  relating  to     ...        .  864 

New  Bedford,  city  of,  appointment  of  assessors  for 1314 

relocation  and  widening  of  bridge  over  the  Acushnet  river  in      .        .        .  1062 

Masonic  Building  Association  in,  may  increase  capital  stock        .        .        .  802 

New  England  Deaconess  Home  and  Training  School,  powers  extended        .        .  841 

New  Hampshire,  boundary  iine  between  Massachusetts  and,  relating  to       .        .  1468 

New  York  and  New  England  Railroad  Company,  provision  affecting  .        .        .  992 

and  New  York,  New  Haven  and  Hartford  Railroad  Company,  providing 

for  connection  for  transfer  of  perishable  freight  between        .        .        .  1478 

Newbury,  town  of,  Essex  County  Street  Railway  Company  may  lay  tracks  in      .  1098 

Newburyport,  city  of,  water  supply  for 1403 

Newburyport  Board  of  Trade,  incorporated 879 

Newton,  city  of,  authorized  to  abate  a  nuisance  caused  by  Boyd's  pond       .        .  930 

may  borrow  money  for  sewerage  purposes 876 

method  of  sewer  assessments  in 914 

ward  one  of,  to  be  divided  into  two  precincts 929 

First  Baptist  Church  in,  name  established 728 

Newton  Cemetery  Corporation,  proceedings  confirmed 779 

Newton  Street  Railway  Company,  may  extend  its  tracks  and  increase  capital 

stock 1071 

Newton  and  Boston  Street  Railway  Company,  may  increase  capital  stock,  etc.    .  1275 
Nine  hours  to  constitute  a  day's  work,  for  persons  employed  at  manual  labor  for 

the  Commonwealth  .        .        .      ' 1135 

Noble  Hospital,  The  Trustees  of.  Incorporated 900 

Nomination  of  candidates,  relating  to 1177 

Nomination  papers,  filing  of,  prior  to  special  state  elections    ....       987,1180 

not  to  be  filed  unless  accompanied  by  written  acceptance  of  candidate       986,  1181 

Non-payment  of  poll  tax,  imprisonment  for,  not  to  exceed  twenty  days       .        .  885 

Non-resident  executors,  administrators,  etc.,  appointment  of  resident  agents  of  769 

Normal  art  school,  providing  for  changes  in  the  building  of  .         ....  1447 

Normal  school,  state,  at  Bridgewater,  providing  for  certain  expenses  at        .        .  1460 

at  Franiingham,  providing  for  improvements  at 1459 

straightening  the  boundary  line  of  the  premises  owned  by         .        .        .  1474 

at  Salem,  providing  for  new  l)uilding  for 1471 

providing  for  rejiairs  of  boiler  at 1460 

_      at  Weitfield,  providing  for  repairs  at 1458 


1710  Index. 


PA«E 

North  Andover,  town  of,  water  supply  for 837 

Lowell,  Lawrence  and  Haverhill  Street  Railway  Company  may  locate  its 

railway  in 751 

North  Brookfield,  town  of,  may  borrow  money  to  increase  water  supply,  etc.       .  962 

Northampton,  city  of,  election  of  certain  officers  in 927 

Holyoke  Street  Railway  Company  may  extend  its  railway  into  .        .        .  769 

Northampton  lunatic  hospital,  enlargement  and  repair  of 1463 

Northampton  Street  Railway  Company,  may  extend  its  road  into  certain  towns  .  848 
Norwegian  system  of  licensing  the  sale  of  intoxicating  liquor,  commission  to 

examine  and  report  on,  to  be  appointed 1467 

Nuisance,  smoke,  in  large  cities,  to  abate 988 

o. 

O'SulIivan,  William,  in  favor  of H59 

Ocneria  dispar  or  gypsy  moth,  providing  against  depredations  by         ...  1453 

resolution  concerning  the  extermination  of 1486 

special  report  of  the  board  of  agriculture  on,  to  be  printed  ....  1446 
Odd  Fellows  Fraternal  Accident  Association  of  America,  name  changed  to 

Fraternal  Accident  Association  of  America 789 

Offensive  trades,  licenses  for,  relating  to 761 

Officers,  county,  examination  of  official  bonds  of 899 

not  to  be  interested  in  a  contract  in  which  the  county  is  one  of  the  parties  907 
qualified  to  serve  criminal  processes,  may  make  arrests  without  warrant, 

for  violation  of  fish  and  game  laws 761 

of  Massachusetts  reformatory,  relating  to 971 

of  savings  banks  and  institutions  for  savings,  relating  to     ...        .  896 

of  state  prison,  relating  to 1291 

to  be  elected  at  state  elections,  relating  to 1244 

Old  Colony  Railroad  Company,  provisions  affeciing       ....      810,  1368,  1369 

may  acquire  franchises,  etc.,  of  certain  other  corporations  ....  1363 

may  raise  grade  and  change  location  of  Providence  division  of   .        .        .  f  73 

may  take  land  for  increased  terminal  facilities,  and  increase  capital  stock  .  774 

Old  Colony  and  Interior  Canal  Company,  incorporated 1865 

Old  South  Congregational  Religious  Society  of  Weymouth,  name  established     .  886 

Orange,  town  of,  may  borrow  money  for  purposes  of  a  water  supply    .        .        .  995 

Overlay  of  taxes,  relating  to 13i9 

Overseers  of  the  poor,  powers  and  duties  of 1281 

Oxford,  town  of,  Worcester,  Leicester  and  Spencer  Street  Railway  Company  may 

extend  its  tracks  into 976 

P. 

Pages,  messengers,  etc.,  in  favor  of 1474 

Paine,  Charles  F.,  acts  legalized  as  a  justice  of  the  peace 1446 

Paine,  John  H  ,  in  favor  of  widow  of 1467 

Pardons  granted  in  1892 1607 

Park,  Marine,  in  city  of  Boston,  assessments  for  betterments  on  account  of  exten- 
sion of,  to  be  abated  or  refunded 199 

Park,  public,  to  provide  for,  in  wards  six  and  seven  in  the  city  of  Boston     .        .  032 

city  of  Somerville  may  lay  out  and  maintain 826 

Park  commission,  metropolitan,  established 1185 

printing  and  distribution  of  report  of      .        .        .  ...     1447,  1463 


Index.  1711 


PAon 

Park  purposes,  issue  of  bonds,  etc.,  for,  by  the  city  of  Boston      ....  84T 

Pai'lis,  public,  cities  and  towns  may  erect  buildings  in,  for  shelter,  etc.         .        .  74* 

laying  out  of,  by  towns  and  cities 934,1152 

in  city  of  Canfbridge,  laying  out  of,  relating  to 974 

city  of  Waltham  may  borrow  money  to  provide  a  system  of       .        .        .  681 

Passamaquoddy  Indians,  tribe  of,  relating  to 1471 

Pauper  children,  cities  and  towns  to  place,  in  families  or  asylums          .        .        .  881 
Paupers  and  criminals,  migration  of,  commission  to  investigate  subject  of,  to 

report  to  next  general  court 1479 

Pembroke,  town  of,  water  supply  for 1326 

Penalties,  under  law  relating  to  elections 1261-1271 

Pensioning  members  of  the  police  department  of  the  city  of  Boston,  relating  to  .  725 

People's  Building  Association,  incorporated 033 

Personal  property,  notice  in  proceedings  to  enforce  liens  on,  relating  to       .        .  808 

Persons  arrested  for  drunkenness,  release  of 1148 

Persons  required  to  assist  police  officers,  etc.,  may  be  indemnified         .        .        .  823 

Pests,  insect,  providing  for  extermination  of 741 

Pharmacists,  sale  of  drugs  and  medicines  by  persons  not  registered  as         .        .  873 

registered,  complaints  against,  relating  to 1408 

Pittsfield,  city  of,  system  of  sewerage  for,  relating  to Wi6 

repair  of  house  of  correction  at 10<i7 

City  Savings  Bank  of,  incorporated ^^30 

Pittsiield  Electric  Street  Railway  Company,  may  issue  mortgage  bonds       .        .  1091 

Playgrounds,  public,  cities  and  towns  may  establish,  etc ^70 

cities  and  towns  may  lease  open  spaces  for 967 

Plumbers,  licensing  of,  etc. 1418 

Plymouth,  town  of,  may  pay  entire  expense  of  sewer  system         ....  893 

Pneumatic  pressure  lor  mechanical  power,  certain  corporations  may  furnish  .        .  1 1 26 

Police,  district,  chief  of,  to  receipt  for  reports  of  accidents 764 

codification  of  certain  laws  relating  to  inspection  department  of  .        .        .  1477 

additional  member  of,  to  be  appointed  to  inspect  uninsured  boilers      .        .  1097 

Police,  municipal  and  district  courts,  certain,  salaries  of  justices  and  clerks  of    .  1423 

to  compensate  interpreters,  etc 1096 

Police  courts,  district  and,  laws  relating  to,  revised  and  consolidated    .        .  1111 

Police  department,  city  of  Boston,  pensioning  members  of,  relating  to  .        .        .  725 

Police  officers,  indemnity  for  injuries  received,  relating  to 8'^3 

Policies  of  insurance,  copy  of  application  to  be  attached  to,  in  certain  cases         .  1316 

Political  parties,  two  leading,  term  defined 11  •''3 

Poll  tax,  imprisonment  for  non-payment  of,  not  to  exceed  twenty  days        .        .  885 

Poll  taxes,  assessment  of,  relating  to ll'">7 

Polling  place,  term  defined 11'53 

Poor  debtor  proceedings,  magistrates'  fees  in 730 

Portraits  of  former  governors,  resolutions  concerning 1^^4 

Practice  and  procedure,  providing  uniform  rules  of,  in  courts  of  probate  and 

insolvency 1068,  1448 

Preparation  and  form  of  ballots,  relating  to 1^97 

Preservation  of  birds  and  game,  relating  to 827,  1126 

Presidential  electors,  election  of ^'■^*^ 

manner  of  choosing  in  case  of  failure  to  elect 1233 

proceedings  of ^^^° 

Presiding  officer,  term  defined ^^^^ 

Primitive  Methodist  Church  of  the  United  States  of  America,  Eastern  Conference, 

incorporated ^^^ 


1712  I^DEX. 


PAGE 

Printing,  state,  supen'ision  of 926 

Prison,  reformatory,  for  women,  providing  for  painting  at 1467 

state,  providing  for  finishing  the  north  wing  of 1476 

repair  of  workshops  at 1472 

salarj'  of  warden  established 1361 

providing  for  additional  watchmen  at 1361 

subordinate  officers  of,  relating  to 1291 

new,  to  provide  for  the  building  of 1324 

Prisons,  commissioners  of,  authority  for  removal  of,  vested  in  the  governor         .  1354 

to  make  certain  reports 1294 

to  procure  plans,  etc.,  for  a  new  state  prison,  etc 1324 

Probate  courts,  Barnstable  county,  time  and  place  of  holding        ....  982 

Worcester  county,  times  for  holding 986 

Probate  proceedings,  Suflfolk  county,  expense  of  recording 1279 

Probate  and  insolvency,  courts  of,  providing  for  uniform  rules  of  practice  and 

procedure  in 1068,  1448 

salaries  of  judges,  registrars,  etc  ,  established 1400 

register  of,  Suffolk  county,  clerical  assistance  for 1314 

judge  of,  Suffolk  county,  additionai,  providing  for  the  appointment  of       .  1089 

judge  of,  Franklin  county,  may  appoint  assistant  register    ....  789 

register  of,  Middlesex  county,  clerical  assistance  to 983 

Proceedings  in  insolvency,  relating  to 1132 

Process,  trustee,  actions  commenced  by,  relating  to 926 

Providence  division  of  the  Old  Colony  railroad,  raising  of  grade  and  change  of 

location  authorized 773 

Providence  and  Worcester  Railroad  Company,  to  construct  passenger  station  in 

the  town  of  Uxbridge ^     .  886 

Province  lands  at  Provincetown,  care  and  supervision  of 1401 

Province  laws,  completing  the  preparation  and  publication  of        ...        .  1445 

Provincetown,  town  of,  may  make  additional  water  loan 760 

care  and  supervision  of  the  province  lands  at 1401 

Provincial  laws,  distribution  of         • 1466 

Provisions,  etc.,  extending  powers  of  inspector  of,  in  city  of  Lynn        .        ...  947 

Public  documents,  priming  and  distribution  of 736,869,1136 

Public  health,  better  protection  of,  in  the  city  of  Boston 982 

to  secure  better  enforcement  of  the  laws  relating  to 1364 

Public  meetings  or  caucuses  of  voters,  relating  to 1176 

Public  park,  tt)  provide  for,  in  wards  six  and  seven  in  the  city  of  Boston      .        .  922 

city  of  Somerville  may  lay  out  and  maintain 826 

Public  parks,  cities  and  towns  may  erect  buildings  in,  for  shelter,  etc.  .        .        .  740 

laying  out  of,  by  towns  and  cities 934,  1152 

in  city  of  Cambridge,  laying  out  of,  relating  to 974 

city  of  Waltham  may  boiTow  money  to  provide  a  system  of        .        .        .  981 

Public  schools,  superintendents  of,  in  small  towns,  relating  to      ...        -  835 

Public  Statutes,  changes  in 1571 

Public  ways,  building  line  may  be  established  on 1365 

in  towns,  laying  sewers  and  water  pipes  in,  relating  to         ....  732 

Punishment  of  drunkenness,  relating  to 1350 

of  rape,  relating  to 1381 


Index. 


1713 


PAOB 

Qua,  Francis  W.,  acts  as  a  justice  of  the  peace,  legalized 1476 

Quail,  better  protection  of,  on  island  of  Nantucket 724 

Qualifioaiions  of  voters,  relating  to 1156 

Quarantine  expenses,  payment  of,  relating  to 742 

Quieting  titles  to  real  estate,  relating  to 979 

Quincy,  city  of,  part  of,  annexed  to  the  city  of  Boston 972 

WoUaston  Club  in,  incorporated     .        .                805 

Quincy  Street  Railway  Company,  may  Bell  franchisee,  etc.,  to  Quincy  and  Boston 

Street  Railway  Company 950 

Quincy  and  Boston  Street  Railway  Company,  may  purchase  franchise,  etc.,  of 

certain  other  railway  companies,  etc 950 


E. 

Race  or  color,  discrimination  prohibited  ou  account  of,  in  public  places        .        .  1320 
Railroad  and  railway  corporations,  increase  of  capital  stock,  certain  shai'es  to 

be  sold  at  auction 949 

Railroad  commissionerB,  railroad  corporations  to  make  quarterly  statements  to  .  778 

to  determine  compensation  in  cases  of  joint  occupancy  of  stations,  etc.       .  784 

to  establish  tariff  of  rates  for  transportation  of  milk 847 

Railroad  Corporations  : 

Boston  and  Lowell,  may  lease  or  purchase  the  franchises,  etc.,  of  the  Con- 
cord and  Montreal  Railroad 906 

provisions  affecting 730 

Boston  and  Maine,  may  lease  or  purchase  the  franchises,  etc.,  of  the  Con- 
cord and  Montreal  Railroad 906 

provisions  affecting 886, 887 

Concord  and  Montreal,  may  sell  or  lease  franchises,  etc.,  to  the  Boston  and 

Maine  Railroad  or  to  the  Boston  and  Lowell  Railroad  Coi-poratiou      .  906 

Deerfield  Valley  Railroad,  provisions  affecting 733 

Exeter  and  Amesbury,  time  for  filing  location,  extended      ....  782 

Fitchburg,  stock  and  bonds  of,  held  by  tlie  Commonwealth,  relating  to      .  1141 

Grafton  and  Upton,  may  issue  bonds  to  pay  for  improvements,  etc.     .        .  930 

Holyoke  and  Westtield,  may  establish  sinking  fund 738 

Hoosac  Tunnel  and  Wilmington,  issue  of  bonds  by,  relating  to  .        .        .  733 

Massachusetts  Central,  provision  affecting 927 

Millbury,  Sutton  and  Douglas  Electric,  incorporated 801 

Kew  York  and  New  England,  provisions  affecting 992 

and  the  New  York,  New  Haven  and  Hartford  Railroad  Company,  pro- 
viding for  connection  for  transfer  of  perishable  freight  between    .        .  1478 
Old  Colony,  may  acquire  franchises,  etc.,  of  certain  other  corporations      .  IS.'iS 
may  raise  grade  and  change  location  of  Providence  division  of        .        .  773 
may  take  land  for  increased  terminal  facilities,  and  increase  capital  stock  77-t 

provisions  affecting 810,  1368,  1389 

Providence  and  Worcester,  to  construct  passenger  stiition  in  Oxbridge       .  886 

Suburban,  time  for  location  and  construction  of,  extended  ....  992 

Railroad  corporations,  to  make  quarterly  statenaents  to  railroad  commissioners  778 

Railroad  stations,  etc  ,  joint  occupancy  of,  relating  to 784 

Railroads,  grade  crossings  of,  relating  to .      923,  1288 

certain,  in  the  city  of  Worcester,  relating  to 811 


1714  Index. 

PASS 

Railway,  Fall  River  Electric  Freight,  time  for  construction  of,  extended      .        .  820 

Railway  companies,  street,  hours  of  labor  of  certain  employees  of,  regulated      .  1097 
Railway  Company,  Street,  Brockton  and  Holbrook,  may  lease  its  franchise,  etc., 

to  the  Brockton  Street  Railway  Company 728 

Essex  County,  incorporated ;        .        .        .        .  1098 

Fall  River  and  New  Bedford,  incorporated 957 

Fall  River  and  Taunton,  incorporated 1277 

Fitchburg  and  Leominster,  may  extend  tracks  and  increase  capital  stock  .  1069 

Gloucester,  Essex  and  Beverly,  incorporated 798 

Haverhill,  Georgetown  and  Danvers,  incorporated 1093 

Haverhill  and  Groveland,  provisions  affecting 751 

Holyoke,  may  extend    its  railway  into  the  cities  of  Northampton  and 

Chicopee 769 

Hoosac  Valley,  may  issue  bonds  to  refund  Its  debt 904 

Interstate,  mortgage  issued  to  secure  bonds,  relating  to        ...        .  790 
Lowell,  Lawrence  and  Haverhill,  may  locate  its  railway  In  towns  of  North 

Andover  and  Bradford 7.'5I 

provisions  affecting 1094 

Lynn  and  Boston,  may  extend  its  railway  through  the  towns  of  Ipswich 

and  Essex 980 

Maiden,  Melrose  and  Stoneham,  incorporated 1292 

Manet,  may  sell  franchise,  etc.,  to  Quincy  and  Boston  Street  Railway 

Company 950 

Merrimack  Valley,  provisions  affecting 751 

Nantucket  Beach,  name  changed  and  powers  extended       ....  951 

Natick,  may  extend  its  railway,  increase  capital  stock,  etc.         .        .        .  984 

Newton,  may  extend  its  tracks  and  increase  capital  stock    ....  1071 

Newton  and  Boston,  may  increase  capital  stock,  etc 1275 

Northampton,  may  extend  its  road  into  certain  towns 848 

Pittsfield  Electric,  may  issue  mortgage  bonds 1091 

Quincy,  may  sell  franchise,  etc.,  to  Quincy  and  Boston  Street  Railway 

Company 950 

Quincy  and  Boston,  may  purchase  franchises,  etc.,  of  certain  other  railway 

companies,  etc. 9.'50 

Rockport  Electric,  incorporated 989 

Siasconset,  name  established 9.il 

Wakefield  and  Stoneham,  may  extend  its  railway,  etc 953 

West  End,  city  of  Maiden  may  grant  locations  to 1351 

location  of  tracks  of,  in  town  of  Arlington,  confirmed      ....  743 

provisions  affecting 1430,  1439 

Worcester,  Leicester  and  Spencer,  may  purchase  franchises,  etc.,  of  certain 

other  railway  corporations,  etc 976 

Worcester  and  Suburban,  name  established 977 

Randolph,  town  of,  may  pay  a  bounty  to  certain  persons 765 

Rape,  punishment  for,  relating  to 1381 

Rapid  transit,  in  Boston  and  vicinity,  to  provide  for 1428 

Reading,  town  of,  Wakefield  and  Stoneham  Street  Railway  Company  may  extend 

its  tracks  into 953 

Real  estate,  quieting  titles  to,  relating  to 979 

Records,  flies,  etc.,  in  office  of  secretary  of  the  Commonwealth,  relating  to  .        .  1450 

Records,  public,  extra  copies  of  first  report  of  commissioner  of,  to  be  printed     .  1443 

Records  and  certificates  of  elections,  relating  to 1218 


Index.  1715 


PAOE 

Records  and  histoiy  of  the  Grand  Army  of  tlie  Republic,  providing  for  the  preser- 
vation of 1141 

Records  and  plans,  copies  to  be  made  of  certain,  in  oflice  of  rcgi>try  of  deeds, 

northern  district,  county  of  Bristol 895 

Recount  of  votes,  relating  to 1229 

Reformatory,  Massachusetts,  offlcers  of,  relating  to 971 

providing  system  of  electric  lighting  at U72 

Reformatory  prison  for  women,  providing  for  painting  at 1467 

Regimental  histories,  secretary  of  the  Commonwealth  to  purchase  certain    .        .  1147 

Register  of  probate  and  insolvency,  Franklin,  assistant  to,  may  be  appointed      .  789 

Middlesex,  clerical  assistance  for 983 

Suffulk,  clerical  assistance  for 1314 

Register  of  voters,  form  of,  relating  to 1168 

Registered  pharmacists,  complaints  against,  relating  to 1408 

Registers  of  probate  and  insolvency,  salaries  established 1400 

Registrars  of  voters,  relating  to 1160 

Registration  of  deaths,  etc  ,  certificates  and,  relating  to 902 

Registration  of  voters,  relating  to     .        .        . ' 846^  1164 

Registration  returns,  providing  for  index  to 1450 

Registry  of  deeds,  northern  district,  Bristol  county,  certain  records  and  plans  in, 

copies  of,  to  be  made 895 

Repair  of  uniforms,  etc.,  of  the  volunteer  militia 1321 

Report,  of  commissioners  on  topographical  survey,  etc  ,  extra  copies  to  be  printed  1443 

of  commissioner  of  public  records,  extra  copies  to  be  printed      .        .        .  1413 

of  commissioners  of  savings  banks,  publication  of 736 

of  fi'ee  librarj'  commission,  extra  copies  to  be  printed 1462 

of  highway  commission,  printing  and  distribution  of  .        .        .        .     1454,  1473 

of  metropoiitan  park  commission,  printing  and  distribution  of    .        .     1147,  1463 
of  state  boards  and  commissions,  containing  recommendations,  etc.,  to  the 

legislature,  time  of  tiling  fixed 785 

of  secretary  of  the  Commonwealth,  relating  to 78S 

of  trustees  of  Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  dis- 
tribution of,  etc 869 

of  the  adjutant  general,  additional  copies  to  be  printed         ....  1321 

Representative  for  the  fifth  Essex  district,  resolution  concerning  the  seat  of         .  1483 

Reservoirs,  etc.,  examination  of,  may  be  made  by  an  engineer      ....  758 
Resolutions  : 

concerning  portraits  of  former  governors  of  the  Commonwealth          .        .  1484 

concerning  the  extermination  of  the  gypsy  moth 1486 

concerning  seat  of  the  representative  for  the  fifth  Essex  district  .        .        .  1483 

on  the  death  of  ex-governor  Benjamin  F.  Butler 1481 

on  the  death  of  ex-president  Rutherford  B.  Hayes        ....     1481,1482 

on  the  death  of  James  G.  Blaine 1483 

relative  to  national  legislation  regulating  hours  of  labor  of  women  and 

minors  in  textile  manufacturing  establishments 1486 

relative  to  the  annexation  of  the  Hawaiian  islands 1484 

relative  to  the  Chinese  exclusion  act 1487 

relative  to  the  establishment  of  a  government  telegraph  and  telephone 

service 1485 

tendering  the  thanks  of  the  Commonwealth  to  Edward  A.  Moseley   .        .  1485 

Revolutionary  rolls,  providing  for  the  purchase  of  certain 1451 

Rhode  Island  and  Massachusetts  Cliristian  Benevolent  Society,  incorporated        .  876 

Richmond  Iron  Works,  may  hold  additional  real  estate 803 


1716  Index. 

PAGE 

Riley,  William,  in  favor  of 1461 

River  line,  established  nt  Springfield,  on  the  Connecticut  river      ....  936 

Road  commissioners  in  towns,  powers  and  duties  of 1284 

Roads,  public,  improvement  of,  relating  to 1412 

Rochester,  town  of,  inhabitants  of,  may  take  shellfish,  etc.,  from  the  waters  of 

the  town  of  Marion,  under  certain  conditions 898 

Rockland  Factory  Building  Association,  incorporated 924 

Rockport,  town  of,  water  supply  for 917 

Rockport  Electric  Street  Railway  Company,  incorporated 989 

Rockport  Water  Company,  incorporated 916 

Rogers,  Henry  H.,  bequest  of,  for  benefit  of  the  Millicent  Library  Corporation, 

may  be  received  and  held  in  trust  by  the  treasurer  and  receiver  general  1108 

Rowley,  town  of,  Essex  County  Street  Railway  Company  may  lay  tracks  in       .  1098 

Roxbury  Trust  Company,  name  changed  to  Granite  Trust  Company    .        .        .  905 

Ruggles,  Charles  A  ,  in  favor  of 1444 

Rules  of  practice,  etc.,  in  courts  of  probate  and  insolvency,  relating  to        .     1068,  1448 

s. 

Safe  deposit,  loan  and  trust  companies,  time  of  organHzatign,  etc.,  limited    .        .  766 

Sailors  and  soldiers,  etc.,  to  compel  compliance  with  the  law  requirffig  relief  to 

be  furnished  to 878 

relief  to  be  furnished  to  dependent  fathers  and  mothers  of  .        .        .        .  915 

Salaries  : 

first  clerk  in  oflBce  of  adjutant  general 829 

additional  clerk  in  office  of  adjutant  general 874 

second  clerk  of  secretary  of  state  board  of  agriculture         ....  777 

county  commissionets,  Barnstable 911 

Bristol 928 

Worcester 927 

official  stenogj-Aphers,  county  of  Middlesex 1354 

judges,  registers,  assistant  registers  and  other  oflJcers  of  courts  of  pro- 
bate and  insolvency 1400 

fifth  assistant  clerk,  superior  court,  county  of  Suflfblk 790 

first  assistant  clerk,  superior  court,  county  of  Suffolk 828 

justices  and  clerks  of  certain  municipal,  district  and  police  courts       .        .  1423 

assistant  district  attornej",  middle  district 782 

harbor  and  land  commissioners 933 

third  clerk  in  office  of  secretary  of  the  Commonwealth        ....  760 

clerks  in  office  of  the  secretary  of  the  Commonwealth 765 

first  clerk  in  office  of  sergeant-at-arms 992 

warden  of  the  state  prison 1361 

Sale,  of  clothing  made  in  unhealthy  places,  relating  to 890 

of  drugs  and  medicines,  relating  to 873 

of  milk  on  the  Lord's  daj',  relating  to 720 

of  milk,  cream,  etc.,  to  protect  the  owners  of  bottles,  cans,  etc.,  used  in     .  1322 

Salem,  city  of,  additional  water  supply  for 1010 

Marine  Society  at,  certain  real  estate  of,  exempted  from  taxation        .        .  797 

state  normal  school  at,  providing  for  new  building  for         ....  1471 

providing  for  repair  of  boiler  at 1460 

Saugus,  town    of,   Wakefield    and  Stoneham   Street  Railway  Company  may 

extend  its  tracks  into 953 

Saugus  river,  James  W.  Dearborn  and  others  may  build  bridge  over   .        .        .  755 


Index.  1717 


PAGB 

Savings  Bank,  City,  of  Pittsfield,  incorporated 830 

Markets,  incorporated 770 

Savings  banks,  printing  and  distribution  of  report  of  commissioners  of        .        .  736 

Savings  banks  and  institutions  for  savings,  consolidating  laws  relating  to    .        .  1460 

five  per  cent,  of  deposits  may  be  invested  in  buildings  for  transaction  of 

their  business 808 

business  of,  relating  to 874 

duties  and  obligations  of  officers  of,  relating  to 893 

Scallops,  taking  of,  in  the  waters  of  the  town  of  Fairhaven,  regulated         .        •  807 

in  the  waters  of  the  town  of  Marion,  regulated 727 

School,  trustees  of  the  Groton,  incorporated 753 

Lyman,  for  boys,  providing  for  repairs  and  improvements  at      .        .        .  1473 

nautical  training,  advances  of  money  to  commissioners  of,  authorized        .  771 

normal  art,  providing  for  changes  in  the  building  of 1447 

state    industrial    for   girls,    providing    for   repairs    and   improvements 

at 1454,  1461,  1475 

School,  state  normal,  Bridgewater,  providing  for  certain  expenses  at    .        .        .  1460 

Framinghara,  providing  for  improvements  at 1459 

straightening  the  boundary  line  of  the  premises  owned  by       .        .        .  1474 

Salem,  providing  for  new  building  for .  1471 

providing  for  repair  of  boiler  at '   .        .        .  1460 

Westfield,  providing  for  improvements  at 1458 

School  for  the  feeble-minded,  construction  of  sewers  at 1452 

disposal  of  sewage  from 744 

providing  for  a  new  hospital  for 1451 

School  fund,  income  of,  distribution  of 908 

town  of  West  Tisbury  to  receive  proportion  of 677 

Schools,  public,  superintendents  of,  in  small  towns,  relating  to      ...        .  835 

Scituate  Water  Company,  incorporated 1102 

Seavey,  Sumner  D.,  in  favor  of 1476 

Second  Congregational  Religious  Society  of  Weymouth,  name  changed  to  Old 

South  Congregational  Society  of  Weymouth 885 

Secretary  of  the  Commonwealth,  third  clerk  in  office  of,  salary  established  .        .  760 

employment  of  clerks  and  other  assistance  in  office  of,  relating  to       .        .  764 
reports  of  state  boards  and  commissions,  containing  recommendations,  etc., 
to  the  legislature,  to  be  filed  in  office  of,  on  or  before  first  Wednesday 

in  January 785 

annual  report  of,  relating  to 788 

to  reprint  list  of  persons  whose  names  have  been  changed    ....  828 

duties  of,  in  relation  to  incorporation  of  clubs 871 

to  supervise  the  stale  printing 926 

authorized  to  ptirchase  certain  revolutionary  rolls 1451 

to  cause  index  to  be  prepared  of  corporation  certificates  filed  in  his  office  .  1451 

to  cause  index  to  be  prepared  to  registration  returns 1450 

relating  to  the  records,  files,  etc.,  in  office  of 1450 

powers,  duties,  etc  ,  in  connectif^n  with  state  elections  ....       987,  1152 

authorized  to  purchase  certain  regimental  histories 1147 

Secretary  of  state  board  of  agriculture,  second  clerk  in  office  of,  salary  established  777 
Selectmen,  may  lay  sewers  and  water  pipes  in  public  ways  in  towns,  before  such 

ways  are  completed,  etc 732 

appropriation  for  extermination  of  insect  pests,  in  towns,  to  be  expended 

under  direction  of 741 

powers  and  duties  of 1280 


1718  Index. 

PAGE 

Sergeant-at-arms,  to  be  included  in  the  state  representation  at  the  world's  Colum- 
bian exposition 1478 

salary  of  first  clerk  in  office  of,  established 992 

messenger  detailed  for  duty  with  the  treasurer  and  receiver  general,  addi- 
tional compensation  for 1143 

Sewage  disposal,  town  of  Beverly  may  borrow  money  for  constructing  system  of  893 
city  of  Brockton  may  take  land  for  a  pumping  station,  in  connection  with 

its  system  of 994 

may  borrow  money  for  constructing  system  of 889 

town  of  Easthampton  may  construct  system  of 737 

city  of  Holyoke  may  construct  system  of,  etc 783 

Leicester  Water  Supply  District  may  construct  system  of    .        .        .        .  817 

system  of,  in  the  town  of  Lenox,  relating  to 1093 

city  of  Medford  may  construct  system  of,  etc 811 

city  of  Newton  may  borrow  money  for  extending  system  of        .        .        .  876 

system  of,  in  the  city  of  Pittsfield,  relating  to       .        .        .        .        .        .  966 

of  Massachusetts  school  for  feeble-minded,  relating  to         ....  744 

Sewer  assessments,  in  cities,  apportionment  of 1090 

city  of  Newton  may  change  method  of 914 

Sewer  commissioners,  town  of  Andover  may  elect  board  of 877 

town  of  Easthampton  may  elect  board  of,  etc 737 

city  of  Medford  may  elect  board  of 811 

in  towns,  providing  for  the  election  of 940 

powers  and  duties  of 1284 

Sewers,  laying  of,  in  public  ways 732 

construction  of,  at  Massachusetts  school  for  feeble-minded,  relating  to       •  1452 

town  of  Plymouth  may  pay  entire  expense  of  laying  and  repairing,  etc.     .  893 

in  town  of  Watertown,  relating  to 726 

Shad  and  alewife  fishing  in  the  Merrimac  river,  restrictions  upon,  removed  .        .  837 

Sharon  Improvement  and  Literary  Association,  incorporated         ....  830 

Sheffield,  town  of,  proceedings  of  certain  town  meetings  in,  confirmed  .        .        .  766 
Sherborn,  town  of,  Natick  Electric  Street  Pi.ailway  Company  may  extend  its 

tracks  into 984 

Shevlin,  Annie  F.,  in  favor  of 1467 

Siasconset  Street  Railway  Company,  name  established 951 

Sidewalks,  in  city  of  Boston,  relating  to 1320 

Smith,  Asa,  in  favor  of  the  estate  of 1449 

Smoke  nuisance,  in  large  cities,  to  abate 988 

Societies : 

American  College  and  Education,  name  changed  to  American  Education 

Society 769 

American  Folk-Lore,  incorporated 1099 

Brighton  Evangelical,  may  convey  property  to  the  Brighton  Evangelical 

Congregational  Church 766 

Davis  Centenary  Methodist  Episcopal,  of  Attleborough,  organization  and 

proceedings  of  trustees  of,  legalized 820 

First  Baptist,  in  Newton,  name  changed  to  First  Baptist  Church  in  New- 
ton       728 

First  Congregational,  in  Somerville,  may  sell  real  estate,  etc.      .        .        .  948 

Marine,  at  Salem,  certain  real  estate  of,  exempt  from  taxation    .        .        .  797 

Rhode  Island  and  Massachusetts  Christian  Benevolent,  incorporated  .        .  876 
Second  Congregational   Religious,  of  Weymouth,  name  changed  to  Old 

South  Congregational  Religious  Society  of  AVeymouth         .        .        .  885 


Index.  1719 


Societies  —  Concluded. 

St.  Jean  Baptiste,  powers  extended 771 

Union  Calvin istic,  The,  of  the  South  Part  of  the  Town  of  Abington,  name 

changed  to  The  Union  Calvinistic  Society  of  Whitman  ....  9i6 

Soldiers,  names  of,  index  to,  in  office  of  the  adjutant  general,  relating  to     .        .  1456 

Soldiers'  home  in  Massachusetts,  trustees  of,  in  favor  of 1444 

Soldiers  and  sailors,  to  compel  compliance  with  the  law  requiring  relief  to  be  fur- 
nished to 878 

relief  to  be  furnished  to  dependent  fathers  and  mothers  of  .        .        .        .  915 

Somerset,  town  of,  may  fund  its  debt,  etc 1009 

Fall  River  and  Taunton  Street  Railway  Company  may  lay  tracks  in         .  1277 

Somerville,  city  of,  First  Congregational  Society  in,  may  sell  real  estate,  etc.       .  948 

may  appropriate  money  for  improvement  of  cemetery  in      ....  760 

may  lay  out  and  maintain  a  public  park 826 

Somcnille  cemetery,  city  may  appropriate  money  for  improvement  of         .        .  760 

South  Iladley,  Fire  District  Number  One  of,  may  refund  loan       ....  985 

South  Middleborough  Cemetery  Association,  incorporated 861 

Southbridge,  town  of,  Wercester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  its  tracks  into 976 

Southern  district,  assistant  to  district  attorney  for,  to  be  appointed        .        .        .  1362 
.Special  commissioners,  appointment  and  election  of,  in  case  of  vacancy,  etc.      718,  1236 

Special  elections,  registration  of  voters  for 846,1166 

Special  messages  to  the  legislature 1507 

Springfield,  city  of,  relative  to  establishment  and  maintenance  of  fire  department  in  755 

establishing  river  line  on  the  Connecticut  river  at 936 

Springfield  Home  for  Friendless  Women  and  Children,  may  hold  additional  estate  749 

Squantum,  part  of  Quincy  known  as,  annexed  to  the  city  of  Boston     .        .        .  972 

St.  Jean  Baptiste  Society  of  Marlborough,  powers  extended 771 

State  almshouse  at  Tewksbury,  providmg  for  improvements  at      .        .        .     1455, 1458 
State  Association  of  Young  Women's  Christian  Associations  of  Massachusetts 

and  Rhode  Island,  may  hold  meetings  outside  the  Commonwealth       .  709 
State  board  of  agriculture,  special  report  of,  on  extermination  of  gypsy  moth,  to 

be  printed 1146 

State  board  of  arbitration,  etc.,  extra  copies  of  the  first  and  fourth  annual  reports 

of,  to  be  printed 14^8 

State  boards  and  commissions,  time  fixed  for  reporting  recommendations,  etc.,  to 

the  general  court 785 

State  election,  term  defined 11-52 

State  elections,  officers  to  be  elected  at »    •  1244 

State  farm  at  Bridgewater,  providing  for  repairs  and  improvements  at  .        .        .  1455 
State  hatchery  at  Wilkinsonville  in  Sutton,  providing  for  repairs  and  improve- 
ments at 1465 

State  house,  improvement  of  grounds  adjoining 777,1352 

State  house  extension,  providing  for  the  removal  of  the  various  departments  to  .  1456 

to  provide  for  famishing 961 

State  industrial  school  for  girls,  providing  for  repairs  and  improvements  at  1454, 1461, 1475 

State  library,  fixing  time  of  appointment  and  term  of  office  of  trustees  of     .        .  747 

State  lunatic  hospital,  Northampton,  providing  for  enlargement  and  repair  of      .  1462 

Taunton,  providing  for  repairs  and  improvements  at    . 

Worcester,  providing  for  repairs  and  improvements  at 

State  normal  school,  Bridgewater,  piroviding  for  certain  expenses  at 

Framingham,  providing  for  improvements  at        .        .        . 

providing  for  straightening  line  of  the  premises  of     . 


1463 
1464 
1460 
1459 
1471 


1720  Index. 


PAGE 

State  normal  school  —  Concluded. 

Salem,  providing  for  repairs  at 1460 

providing  for  new  building  at 1471 

Westfield,  providing  for  repairs  at 1458 

State  ofBcer,  term  defined 1152 

State  printing,  supervision  of 926 

State  prison,  providing  for  finishing  the  north  wing  of 1476 

officers  of.  relating  to 1291 

providing  for  repair  of  workshops  at 1472 

new,  building  of,  relating  to 1324 

galarj'  of  warden  established 1361 

providing  for  additional  watchmen  at 1361 

State  tax  of  $2,500,000,  apportioned  and  assessed 1383 

Station,  railroad  passenger,  to  be  constructed  in  the  town  of  Oxbridge         .        •  886 
Statistics  of  labor,  bureau  of,  certain  papers  and  schedules  in  possession  of,  may 

be  sold 1475 

Statutes,  Public,  changes  in 1571 

Stenographers,  official,  appointment  of,  relating  to          .......  1132 

for  county  of  Middlesex,  salarj' established 1354 

Sterling,  town  of,  Fitchburg  and  Leominster  Street  Railway  Company  may  ex- 
tend tracks  into 1069 

Sterling  Camp  Meeting  Association,  number  of  trustees  increased         .        .        .  727 
Stock,  of   certain  corporations,  increase  of,  certain  shares  to  be  sold  at  auc- 
tion      949 

Stoddard,  William  S.,  in  favor  of  vridow  of 1444 

Stoneham,  town  of,  may  borrow  money  for  the  purpose  of  building  town  hall  and 

public  library  building 927 

Maiden,  Melrose  and  Stoneham  Street  Railway  Company  may  lay  tracks 

in 1292 

Wakefield  and  Stoneham  Street  Railway  Company  may  extend  its  tracks 

into 953 

Stoughton,  town  of,  may  pay  water  debt  in  annual  proportionate  payments          .  763 

Street  railway  companies,  certain  employees  of,  hours  of  labor  regulated     .        .  1097 
Stheet  Railway  Corporations: 

Brockton  and  Holbrook,  may  lease  its  franchise,  etc.,  to  the  Brockton 

Street  Railway  Company 728 

Essex  County,  incorporated 1098 

Fall  River  and  New  Bedford,  incorporated 957 

Fall  River  and  Taunton,  incorporated 1277 

Fitchburg  and  Leominster,  may  extend  tracks  and  increase  capital  stock  .  1069 

Gloucester,  Essex  and  Beverly,  incorporated 798 

Haverhill,  Georgetown  and  Dan  vers,  incorporated 1093 

Haverhill  and  Groveland,  provisions  affecting 751 

Holyoke,   may  extend  its  railway  into  the  cities  of  Northampton  and 

Chicopee 769 

Hoosac  Valley,  may  issue  bonds  to  refund  its  debt 904 

Interstate,  mortgage  issued  to  secure  Ixjnds,  relating  to        ...        •  790 
Lowell,  Lawrence  and  Haverhill,  may  locate  its  railway  in  towns  of  North 

Andover  and  Bradford 751 

provisions  affecting 1094 

Lynn  and  Boston,  may  extend  its  railway  through  the  towns  of  Ipswich 

and  Essex 960 

Maiden,  Melrose  and  Stoneham,  incorporated 1292 


Index.  1721 


PAGE 

Strekt  Railway  Corporations  —  Concluded. 

Manet,   may  sell  franchise,  etc.,  to  Quincy  and  Boston  Street  Railway 

Company 9r0 

Merrimack  Vallej',  provisions  affecting 761 

Nantucket  Beach,  name  changed  and  powers  extended        ....  9ol 

Natick,  maj'  extend  its  railway,  increase  capital  stock,  etc.         .        .        .  984 

Newton,  may  extend  its  tracks  and  increase  capital  stock    ....  1071 

Newton  and  Boston,  may  increase  capital  stock,  etc 1275 

Northampton,  may  extend  its  road  into  certain  towns 848 

Pitisfield  Electric,  may  issue  mortgage  bonds 1091 

Quincy,  may  sell  franchise,  etc.,  to  Quincy  and  Boston  Street  Railway 

Company   . 950 

Quincy  and  Boston,  may  purchase  franchises,  etc.,  of  certain  other  railway 

companies,  etc 950 

Rockport  Electric,  incorporated 9S9 

Siasconsct,  name  established 951 

"Wakefield  and  Stoneham,  may  extend  its  railway,  etc 953 

West  End,  location  of  tracks  of,  in  town  of  Arlington,  confirmed        .        .  743 

city  of  Maiden  may  grant  locations  to 1351 

provisions  affecting 1430,  1439 

Worcester,  Leicester  and  Spencer,  may  purchase  franchises,  etc.,  of  certain 

other  railway  corporations,  etc 976 

Worcester  and  Suburban,  name  established 977 

Street  railway  tracks  in  town  of  Arlington,  order  of  location  for,  confirmed  .        .  743 

Streets,  superintendents  of,  in  towns,  powers  and  duties  of 1284 

Streets  or  ways,  repair  of  private  drains  in 947 

Students,  who  are  minors,  innholders,  etc.,  not  to  give  credit  to     .        .        .        .  928 

Suburban  Railroad  Company,  time  for  location  and  construction  of,  extended     .  992 

Subways  in  the  city  of  Boston,  construction  of,  relating  to 1420 

Suffolk  connty,  additional  judge  of  court  of  probate  and  insolvency  of,  to  be 

appointed  ...                1089 

expense  of  recording  probate  proceedings  In 1279 

register  of  probate  and  insolvency,  clerical  assistance  for     .        .        .       -.  1314 

Suits  in  equity,  concerning  appeals  in 729 

Superintendents  of  schools,  for  small  towns,  relating  to 835 

Superintendents  of  streets,  in  towns,  powers  and  duties  of 1284 

Superior  court,  justice  of,  may  appoint  stenographers 1132 

civil  session  lor  county  of  Suffolk,  salary  of  fifth  assistant  clerk  of,  estab- 
lished           790 

salary  of  first  assistant  clerk  of,  established 828 

Supreme  judicial  court,  providing  clerical  assistance  for  the  clerk  of     .        .        .  9fi3 

Surgeon  general,  providing  for  payment  of  certain  bills  authorized  by  .        .        .  14()3 

Surveyors  of  highways,  in  towns,  powers  and  duties  of 1283 

Sutton,  town  of,  providing  for  repairs  and  improvements  to  the  hatchery  at  Wil- 

kinsonville  in 1465 


T. 

Tables  showing  changes  in  legislation 1571 

Taunton,  city  of,  authority  to  take  and  hold  certain  sources  of  water  supply,  ratified  1131 

Taunton  lunatic  hospital,  providing  for  repairs  and  improvements  at    .        .        .  1462 

Tax,  poll,  imprisonment  for  non-payment  of,  not  to  exceed  twenty  days      .        .  885 


1722  Index. 

PAGE 

Tax,  state,  of  $2,500,000  apportioned  and  assessed 1383 

Tax  commissioner,  to  prepare  certain  blank  forms 14o8 

Taxable  valuation  of  vessels  engaged  in  the  foreign  carrying  trade,  relating  to    .  789 

Taxation,  in  certain  cities,  valuation  of  preceding  year  may  be  used  as  a  basis  of  892,  1349 

report  of  commissioners  on  amending  and  revising  the  laws  relating  to,  to 

be  printed 1449 

Taxes,  assessment  of,  to  secure  uniformity  in  forms  used  for        ...        .  1458 

overlay  of,  relating  to 1349 

county,  granted 1457 

collectors  of,  in  towns,  powers  and  duties  of 1283 

on  collateral  legacies  and  successions,  collection  of 1315 

Telegraph  and  telephone  companies,  not  to  construct  line  until  three  fourths  of 

,                   capital  stock  is  subscribed  and  one  half  paid  in 910 

Telegraph  and  telephone  service,  resolution  concerning 1485 

Temporary  loans  by  cities  and  towns,  relating  to 705 

Ten  hours,  to  constitute  a  day's  work,  for  certain  employees  of  street  railway 

companies 1097 

Tewksbury,  state  almshouse  at,  providing  for  repairs  and  improvements  at       1455,  1458 

Thayer  academy,  trustees  of,  may  hold  additional  estate 725 

Third  district  court,  eastern  Middlesex,  clerical  assistance  for       ...        .  1067 

Thurber  Medical  Association,  qualifications  for  membership  in     .        .        .        .  877 

Titles  to  real  estate,  quieting,  relating  to 979 

Topographical  survey  of  Massachusetts,  extra  copies  of  report  of  commissioners 

on,  to  be  printed 1443 

Topographical  survey  and  map  of  Massachusetts,  relating  to        .        .        .        ,  1444 
Topsfield,  town  of,  Haverhill,  Georgetown  and  Danvers  Street  Railway  Company 

may  lay  tracks  in 1094 

Torrens  system  of  land  transfer,  commission  to  be  appointed  to  draft  act  embody- 
ing principles  of 759 

Town  clerk,  powers  and  duties  of 1279 

assistant,  relating  to 729 

Town  election,  term  defined 1152 

Town  elections,  acceptance  of  Australian  system,  so-called,  may  be  revoked      748,  1260 
no  distinguishing  mark  to  be  placed  upon  ballots  used  for  choice  of  mod- 
erator at 809,  1254 

Town  meetings,  relating  to 1247 

Town  officer,  term  defined 1152 

Town  officers,  election  of 1249 

powers  and  duties  of 1279 

towns  may  use  the  McTaramany  automatic  ballot  machines  in  elections  of  1379 

Town  treasurer,  powers  and  duties  of 1282 

Town  ways,  laying  sewers  and  water  pipes  in,  relating  to 732 

Towns  : 

Amherst,  the  Northampton  Street  Railway  Company  may  extend  its  road 

into 848 

Andover,  may  elect  board  of  sewer  commissioners 877 

Arlington,  order  for  location  of  street  railway  tracks  In,  confirmed      .        .  743 
Ashland,  the  Natick  Electric  Street  Railway  Company  may  extend  its 

tracks  into 984 

Attleborough,  may  purchase  franchise,  etc.,  of  Fire  District  Number  One 

in  said  town 734 

Auburn,  the  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  tracks  into 976 


Index.  1723 


PAGE 

Towns  —  Continued. 

Aver,  proceedings  of  town  meeting  confirmed 1128 

Banistable,  alterations  to  be  made  in  courthouse  in 809 

boundary  line  between  Maslipee  and,  to  be  examined  and  defined  .        .  1476 
Beliingham,  the  Woonsocket  Machine  and  Power  Company  may  furnish 

light  and  power  to 1100 

Belmont,  the  Newton  Street  Railway  Company  may  extend  its  tracks  into  1071 

Beverly,  additional  water  supply  for 1010 

may  borrow  money  for  sewerage  purposes 893 

may  cancel  certain  bonds  in  its  sinking  fund 899 

the  Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay 

tracks  in 798 

Bourne,  bridge  may  be  built  across  Monument  river  in        ...        .  810 
Boxford,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Company 

may  lay  tracks  in 1094 

Bradford,  footway  to  be  constructed  across  the  Merrimac  river  between  the 

city  of  Haverhill  and 886,  1362 

may  incur  debt  beyond  limit  fixed  by  law,  and  issue  bonds,  etc.      .        .  726 
Lowell,  Lawrence  and  Haverhill  Street  Railway  Company  may  locate 

its  railway  in 751 

Charlton,  the  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  tracks  into 976 

Clinton,  the  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Danvers,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Company 

may  lay  tracks  in 1091 

Dartmouth,  the  Fall  River  and  New  Bedford  Street  Railway  Company 

may  lay  its  tracks  through 957 

Dighton,  the  Taunton  and  Fall  River  Street  Railway  Company  may  lay 

tracks  in 1277 

Eastham,  alewife  fishery  established  in 740 

Easthampton,  may  construct  system  of  sewage  disposal,  etc.      .        .        .  737 

the  Northampton  Street  Railway  Company  may  extend  its  road  into       .  848 

Essex,  alewife  fishery  in  Mill  and  Essex  rivers  in,  relating  to      .        .        .  715 
the  Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay 

tracks  in 798 

the  Lynn  and  Boston  Railroad  Company  may  extend  its  railway  through  961 

Fairhaven,  taking  of  scallops  in  waters  of,  regulated 807 

relocation  and  widening  of  bridge  over  the  Acushnet  river  in  .        .        .  1062 

water  supply  for 875 

Framingham,  the  Natick  Electric  Street  Railway  Company  may  extend  its 

tracks  into 984 

providing  for  improvements,  etc.,  at  State  normal  school  at     .        .     1459,  1474 
Franklin,  the  Woonsocket  Machine  and  Power  Company  may  furnish  light 

and  power  to 1100 

Gardner,  the  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Georgetown,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Gosnold,  in  favor  of  certain  inhabitants  of 1452 

Groveland,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Hadley,  the  Northampton  Street  Railway  Company  may  extend  its  road  into  848 


1724  Index. 

PAGE 

Towns  —  Continued. 

Hamilton,  the  Gloucester,  Essex  and  Beverly  Street  Railway  Company 

may  lay  tracks  in 798 

Hanson,  water  supply  for 1326 

Hatfield,  the  Northampton  Street  Railway  Company  may  extend  its  road 

into 848 

Hopkinton,  may  borrow  money  to  buy  land  and  erect  a  high  schoolhouse  .  840 

the  Natick  Electric  Street  Railway  Company  may  extend  its  tracks  into  984 

Hudson,  may  erect  and  maintain  public  library  building,  etc.      .        .        .  1092 

Ipswich,  time  of  acceptance  of  water  act  by,  extended         ....  785 

the  Essex  County  Street  Railway  Company  may  lay  tracks  in         .        .  1098 

the  Gloucester,  Essex  and  Beverly  Street  Railway  Company  may  lay 

tracks  in 798 

the  Lynn  and  Boston  Railroad  Company  may  extend  its  railway  through  960 

Lakeville,  proceedings  of  annual  meeting  confirmed 873 

Lancaster,  the  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Leicester,  the  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  its  tracks  into 976 

Lenox,  sewage  disposal  of 1093 

Leominster,  may  incur  debt  beyond  legal  limit,  for  school  purposes,  etc.  759 
Lexington,  the  Newton  Street  Railway  Company  may  extend  its  tracks 

into 1071 

Lincoln,  the  Newton  Street  Railway  Company  may  extend  its  tracks  into  1071 
Lunenburg,  the  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Lynnfield,  the  Wakefield  and  Stoneham  Street  Railway  Company  may 

extend  its  tracks  into 953 

Manchester,  the  Gloucester,  Essex  and  Beverly  Street  Railway  Company 

may  lay  tracks  in 798 

Marblehead,  may  appropriate  money  to  purchase  set  of  flags  for  use  of 

United  States  war-ship  named  in  honor  of  the  town      ....  724 

Marion,  regulating  the  taking  of  shellfish,  etc.,  in  waters  of        .        .        .  898 

relative  to  scallop  fishery  in  waters  of 727 

Mashpee,  boundary  line  between   Barnstable  and,  to  be  examined  and 

defined 1476 

Mattapoisett,  inhabitants  of,  may  take  shellfish,  etc.,  from  the  waters  of  the 

town  of  Marion,  under  certain  conditions 898 

Melrose,  additional  water  supply  for 944 

additional  water  loan  for 1315 

the  Maiden,  Melrose  and  Stoneham  Street  Railway  Company  may  lay 

tracks  in 1292 

the  Wakefield  and  Stoneham  Street  Railway  Company  may  extend  its 

tracks  into 953 

Middleborough,  proceedings  of  annual  meeting  confirmed  ....  849 

South  Middleborough  Cemetery  Association  in,  incorporated  .        .        .  861 

Millbury,  water  supply  for 850 

Natick,  the  Natick  Electric  Street  Railway  Company  may  extend  its  tracks 

Into 984 

Needham,  may  pay  water  debt  by  annual  proportionate  payments      .        .  762 

the  Newton  Street  Railway  Company  may  extend  its  tracks  into      .        .  1071 
Newbury,  the  Essex  County  Street  Railway   Company  may   lay   tracks 

in 1098 


Index.  1725 

PAGE 

Towns  —  Confirmed. 

North  Andovcr,  water  supply  for 837 

the  Lowell,  Lawrence  and  Haverhill  Street  Railway  Companj'  may  locate 

its  railway  in 751 

North  Grookfield,  may  borrow  money  to  increase  water  supply,  etc.  .        .  962 

Orange,  may  borrow  money  for  purpose  of  water  supply     ....  905 
Oxford,  the  Worcester,  Leicester  and  Spencer  Street  Railway  Company 

may  extend  tracks  into 976 

Pembroke,  water  supply  for 1326 

Plymouth,  may  pay  entire  expense  of  sewer  system 893 

Provincetown,  may  make  additional  water  loan 760 

Randolph,  may  pay  a  bounty  to  certain  persons 765 

Reading,  the  Wakefield  and  Stonehara  Street  Railway  Company  may 

extend  its  tracks  into 953 

Rochester,  inhabitants  of,  may  take  shellfish,  etc.,  in  town  of  Marion        .  898 

Rockport,  water  supply  for 917 

Rowley,  the  Essex  County  Street  Railway  Company  may  lay  tracks  in     .  1098 
Saugus,  Wakefield  and  Stoneham  Street  Railway  Company,  may  extend 

its  tracks  into 953 

Sheffield,  proceedings  of  certain  town  meetings  confirmed  ....  766 
Sherborn,  the  Natick  Electric  Street  Railway  Company  may  extend  its 

tracks  into 984 

Somerset,  may  fund  its  debt,  etc.   . 1009 

the  Taunton  and  Fall  River  Street  Railway  Company  may  lay  tracks  in  1277 
South  Hadley,  Fire  District  Nunilier  One  of,  may  refund  loan     .        .        .  985 
Southbridge,  the  Worcester,  Leicester  and  Spencer  Street  Railway  Com- 
pany may  extend  its  tracks  into 976 

Sterling,  the  Fitchburg  and  Leominster  Street  Railway   Company   may 

extend  tracks  into 10G9 

Stoneham,  may  borrow  money  for  erecting  a  townhall,  etc.          .        .        .  927 
the  Maiden,  Melrose  and  Stoneham  Street  Railway  Company  may  lay 

tracks  in 1292 

the  Wakefield  and  Stoneham  Street  Railway  Company  may  extend  its 

tracks  into ^53 

Stoughton,  may  pay  water  debt  by  annual  proportionate  payments     .        .  763 
Sutton,  repairs  and  improvements  to  the  hatchery  in  Wilklnsonville  in      .  1465 
Topsfield,  the  Haverhill,  Georgetown  and  Danvers  Street  Railway  Com- 
pany may  lay  tracks  in 1094 

Uxbridge,  railroad  passenger  station  to  be  constructed  in     .        .        .        .  886 
Wakefield,  the  Wakefield  and  Stoneham  Street  Railway  Company  may 

extend  its  tracks  into Q-^^ 

AValpole,  water  supply  for ^11 

Watertown,  vote  authorizing  payment  of  sewer  expenses  legalized     .        .  726 

Webster,  water  supply  for 791 

Wellesley,  the  Newton  and  Boston  Street  Railway  Company  may  extend 

its  railway  into 127  5 

the  Newton  Street  Railway  Company  may  extend  its  tracks  into    .        .  1C71 

Wellfleet,  bridge  may  be  constructed  in '"8 

Wenham,  the  Gloucester,  Essex  and  Beverly  Street  Railway  Company 

may  lay  tracks  in 79  8 

West  Boylston,  water  supply  for ^^^ 

West  Bridgewater,  part  of,  annexed  to  the  city  of  Brockton        ...  967 

water  supply  for °°" 


1726  Index. 


PAGE 

Towns  —  Concluded. 

West  Springfield,  water  supply  for 841 

AVest  Tisbury,  to  receive  proportion  of  income  of  school  fund        .        .  677 

Westfield,  water  loan  for 749 

Westminster,  the  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Weston,  the  Newton  Street  Railway  Company  may  extend  its  tracks  into  1071 

Westport,  bridge  may  be  constructed  over  tide  water  in       ...        .  783 

bridge  may  be  constructed  over  Westport  river  in 772 

the  Fall  River  and  New  Bedford  Street  Railway  Company  may  lay  its 

tracks  through 9.i7 

Weymouth,  water  loan  for 868 

Whitman,  additional  water  supply  for 1325 

Williamsburg,  the  Northampton  Street  Railway  Company  may  extend  its 

road  into 348 

Winchester,  water  loan  for .  714 

Winthrop,  may  establish  a  grade  for  cellars 832 

Towns,  to  place  pauper  children  in  families  or  asylums 831 

may  elect  boards  of  sewer  commissioners 940,  1253 

may  revoke  acceptance  of  act  providing  for  printing  and  distribution  of 

ballots  at  public  expense 748,  1260 

may  use  the  McTammany  automatic  ballot  machines,  in  elections  of  town 

officers 1379 

small,  relating  to  superintendents  of  public  schools  in 835 

regulating  the  laying  of  sewers  and  water  pipes  in  public  ways  of      .        .  732 

Towns  and  cities,  may  establish  public  playgrounds 870 

may  lease  open  spaces  for  gardens  or  playgrounds 967 

deposits  b}%  in  banks  and  trust  companies,  relating  to 905 

laying  out  pul)lic  parks  by,  relating  to 934,1152 

temporary  loans  by,  relating  to 705 

to  furnish  relief  to  dependent  fathers  and  mothers  of  soldiers  and  sailors  .  915 

to  provide  free  evening  lectures 845 

employees  of,  to  further  the  organization  of  fraternal  beneficiary  corpora- 
tions among 723 

relating  to  property  held  for  purposes  of  a  water  supply,  in  another  city  or 

town 987 

Trade-marks,  labels,  etc.,  to  protect  persons  or  associations  in       ...        .  1327 

Training  school,  nautical,  advances  of  money  to  commissioners  of,  authorized   •  771 

Transportation  of  milk,  relating  to 846 

Treasurer  and  receiver  general,  maj^  Ijorrow  money  in  anticipation  of  revenue     .  1442 

may  receive  and  hold  in  trust  bequest  for  Millicent  Library  Corporation    .  1107 

may  receive  and  hold  in  trust  certain  deposits 869 

to  establish  sinking  fund  for  payment  of  loans  for  abolition  of  grade 

crossings 123S 

to  issue  scrip,  etc.,  to  purchase  bonds  of  the  Fitchburg  Railroad  Company 
received  from  sale  of  the  Iloosac  Tunnel,  Troy  and  Greenfield  rail- 
road     1141 

Treasurers,  town,  powers  and  duties  of 1282 

Trees,  on  highways,  etc.,  to  protect,  from  disfigurement 1131 

Trial  of  capital  crimes,  the  attorney-general  to  appear  in,  in  certain  cases    .        •  961 

Trial  justices,  may  compensate  interpreters,  etc 1096 

Trials,  capital,  to  fix  the  time  of 1015 

compensation  of  attorneys  assigned  by  the  court  in 1110 


Index.  1727 


PAGE 

Trout  and  trout  spawn,  conditions  U4ider  which  they  maj-  l)c  furnished  to  stock 

private  waters 7'29 

Truant  officers,  in  the  citj' of  Boston,  civil  service  rules  to  apply  to       .        .        .  896 

Trust  companies,  etc.,  relative  to  tlie  business  of 874 

relative  to  deposits  in,  by  cities  and  towns     .        .        .        .        .        .        .  903 

time  of  organization,  etc.,  limited 7G5 

Trust  Company,  Granite,  name  established 905 

Jamaica  Plain,  incorporated 873 

Lawrence,  incorporated 893 

Roxbury,  name  changed 905 

Trust  deposits,  with  the  treasurer  and  receiver  general,  relating  to        .        .        .  869 

Trustee  process,  actions  commenced  by,  relating  to 926 

Trustees,  non-resident,  appointment  of  agents  of 769 

Trustees  of  the  city  hospital  of  the  city  of  Boston,  name  changed  ....  750 
of  Davis  Centenary  Methodist  Episcopal  Society  of  Attleborongh,  organi- 
zation and  proceedings  of,  legalized 820 

of  Groton  School,  incorporated       .        . 753 

of  the  John  GreenleafWhittier  Homestead,  incorporated     ....  863 
of  the  Lexington  Ministerial  Fund,  may  pay  portion  of  fund  to  First  Bap- 
tist Church  of  Lexington 784 

of  the  Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  to  be  reim- 
bursed for  expenses 898 

printing  and  distribution  of  report  of 869 

of  the  Mount  Holyoke  Seminary  and  College,  name  changed  to  Trustees  of 

Mount  Holyoke  College 685 

of  Noble  Hospital,  incorporated 900 

of  the  soldiers'  home  in  Massacliusetts,  in  favor  of 1444 

of  the  state  library,  fixing  time  of  appointment  and  term  of  office  of  .        .  747 

of  the  Sterling  Camp  Meeting  Association,  number  increased      .        .        .  727 

of  the  Thayer  Academy,  may  hold  additional  estate 725 

of  the  Wesleyan  Academy,  relating  to 707,739 

of  the  Worcester  Academy,  may  hold  additional  estate        ....  740 

u. 

Uniformity  of  legislation,  commissioners  for  the  promotion  of,  term  of  office 

extended 946 

Uniforms  of  the  volunteer  militia,  repair  of,  etc 1321 

Union  Calvinistic  Society  of  the  South  Part  of  the  Town  of  Abington,  The,  name 

changed  to  The  Union  Calvinistic  Society  of  Whitman          .        .        .  946 

Uxbridge,  town  of,  railroad  passenger  station  to  be  constructed  in         .        .        .  886 


V. 


Vacancies,  in  state  offices,  etc.,  relating  to 

in  town  offices,  etc.,  relating  to       . 

Valuation,  taxable,  of  vessels  engaged  in  foreign  carrying  trade,  relating  to 
Ventilating  pipes,  drain  and,  in  buildings  in  the  city  of  Boston,  relating  to   . 
Vermont,  boundary  line  between  Massachusetts  and,  relating  to    . 
Vessels,  passage  of,  through  drawbridge  over  Fort  Point  channel  . 
A'essels  engaged  in  foreign  carrying  trade,  taxable  valuation  of,  relating  to  . 
Vineyard  Haven  Water  Company,  may  increase  capital  stock 


1233 
1258 
789 
931 
1468 
992 
789 
723 


1728  Index. 

PAGB 

Volunteer  militia,  concerning 1017 

providing  for  repair  of  uniforms  of,  etc 1321 

providing  for  new  outfit  for  medical  department  of 1459 

providing  for  heavy  artillery  drill  in  the  armories  of 1474 

providing  for  certain  expenses  of  the  naval  battalion  of       ...        .  1464 

Voters,  qualiticaiions  of 1156 

registration  of  .        , 846,  1164 

information  to  be  furnished  to 1201 

caucuses  or  public  meetings  of 1176 

registrars  of 1160 

Votes,  counting  of 785,  1214 

recounts  of 1229 

Voting  at  elections,  manner  of 1211 

return  of  persons,  to  include  females 943,  1216 

Voting  lists,  relating  to 1173 

Voting  places,  relating  to 1194 

Voting  precincts,  relating  to 1185 

Wakefield,  town  of,  Wakefield  and  Stoneham  Street  Railway  Company  may 

extend  its  tracks  into 953 

Wakefield  and  Stoneham  Street  Railway  Company,  may  extend  its  railway,  etc.  953 

Walpole,  town  of,  water  supply  for 911 

Waltham,  city  of,  charter  revised •  995 

compensation  allowed  to,  on  account  of  sewer  used  by  Massachusetts 

school  for  feeble-minded 744 

may  borrow  money  for  park  purposes 981 

Warden  of  state  prison,  salary  established 1361 

Wards  and  voting  precincts,  relating  to 1185 

Washburn  and  Moen  Manufacturing  Company,  may  increase  capital  stock  .        .  714 

Watchmen  at  state  prison,  additional,  provided 1361 

Water  Company,  Bridgewaters,  provisions  atfecting 881 

Fairhaven,  charter  revived  and  amended 874 

Millbury,  incorporated 849 

Isewburyport,  provisions  affecting 1403 

Rockport,  incorporated 916 

Scituiite,  incorporated 1102 

Vineyard  Haven,  may  increase  capital  stock 723 

Water  Loan  : 

Atileborough 735 

Beverly 1013 

Fall  River .866 

Great  Barrington  Fire  District 1016 

Lawrence 787 

Lynn 11.^9 

Medford 756 

Melrose 9-15,  1315 

Millbury 853 

Needham 762 

Newburyport 1404 

North  Andover 839 

North  Brookfield 962 


Index.  1729 


PAGE 

Water  Loa.v — Concluded. 

Orange 905 

Provincetown 7G0 

Rockport 919 

Salem 1013 

Scituate 1105 

South  Hadlej',  Fire  District  Number  One  of 985 

Stoughton 763 

Walpole 912 

Webster 793 

West  Boylston 955 

West  Bridgewater 881 

West  Springfield 843 

Westfield .  749 

Weymouth 868 

Whitman 1326 

Winchester 714 

Water  Sitplt : 

Beverly 1011 

Fairhaven 874 

Framingham,  camp  ground  at 1108 

Hanson 1326 

Ipswich 785 

Lowell 1145 

Lynn 1128 

Marlborough 867 

Medford 756 

Melrose 944 

Millbury 849 

Newburyport 1403 

North  Andover 837 

North  Brookfield 962 

Pembroke 1326 

Rockport 916 

Salem 1010 

Scituate 1102 

Taunton 1131 

Walpole 911 

W^ebster 791 

West  Boylston 953 

AVest  Bridgewater 880 

W^est  Springfield 841 

Whitman 1325 

Water  supply,  for  Boston  and  its  suburbs,  relating  to 1363 

property  held  for  purposes  of,  relating  to 987 

Watertown,  town  of,  vote  authorizing  payment  of  sewer  expenses  legalized         .  726 

Webster,  town  of,  water  supply  for 791 

Wellesley,  town  of,  Newton  Street  Railway  Company  may  extend  its  tracks  into  1071 

Newton  and  Boston  Street  Railway  Company  may  extend  its  railway  into  1275 

Wellfleet,  town  of,  bridge  may  be  constructed  in 778 

Wenham,  town  of,  Gloucester,  Essex  and  Beverly  Street  Railway  Company  may 

lay  tracks  in 798 

Wesleyan  academy,  trustees  of,  relating  to 707,  739 


1730  Index. 

PAGE 

Wesleyan  Association,  the,  Boston,  may  hold  additional  estate     ....  733 

West  Boylston,  town  of,  water  supply  for 9-53 

West  Bridgewater,  town  of,  part  of,  annexed  to  the  city  of  Brockton    .        .        .  967 

water  supply  for 880 

West  End  Street  Railway  Company,  city  of  Maiden  may  grant  locations  to        .  1351 

location  of  tracks  of,  in  town  of  Arlington,  confirmed 743 

provisions  affecting 1430,  1439 

West  Springfield,  town  of,  water  supply  for 841 

West  Tisbury,  town  of,  to  receive  proportion  of  income  of  Massachusetts  school 

fund 677 

Westborough  insane  hospital,  providing  for  payment  of  current  expenses  of        .  1448 

providing  for  repairs  and  improvements  at 1465,  1467 

Westfield,  town  of,  water  loan  for 749 

state  normal  school  at,  providing  for  repairs  and  improvements  at      .        .  1458 
Westminster,  town  of,  Fitchburg  and  Leominster  Street  Railway  Company  may 

extend  tracks  into 1069 

Weston,  town  of,  Newton  Street  Railway  Company  may  extend  its  tracks  into   .  1071 

Westport,  town  of,  bridge  may  be  constructed  over  tide  water  in  .        .        .        .  783 

bridge  may  be  constructed  over  Westport  river  in 772 

Fall  River  and  New  Bedford  Street  Railway  Company  may  lay  its  tracks 

through 957 

Weymouth,  town  of,  water  loan  for 868 

Second  Congregational  Religious  Society  of,  name  changed  to  Old  South 

Congregational  Religious  Society  of  Weymouth 885 

Whitman,  The  Union  Calvinistic  Society  of,  name  established      ....  946 

Whitman,  town  of,  additional  water  supply  for 1325 

Whittier  Homestead,  trustees  of  the  John  Greenleaf,  incorporated        .        .        .  865 

Whittlesey,  Watson,  may  build  a  bridge  across  the  Connecticut  river  .        .        .  866 

Wife  or  minor  child,  evidence  in  proceedings  for  neglect  to  support       .        .        .  902 
Williamsburg,  town  of,  Northampton  Street  Railway  Company  may  extend  its 

road  into 848 

Winchester,  town  of,  water  loan  for 714 

Winthrop,  town  of,  may  establish  cellar  grade 832 

Winthrop  Unitarian  Association,  name  changed  to   First  Unitarian  Church  of 

Winthrop 778 

Witnesses,  etc.,  in  criminal  cases  before  trial  justices,  police,  district  and  munici- 
pal courts,  to  be  compensated 1096 

Witt,  Daniel,  in  favor  of 1456 

Wollaston  Club,  incorporated 805 

Women,  reformatory  prison  for,  providing  for  painting  at 1467 

Women  and  minors,  resolutions  relative  to  national  legislation  regulating  the 

hours  of  labor  of 1486 

Wood,  Henry  B.,  in  favor  of  widow  of 1443 

Woonsocket  Electric  Machine  and  Power  Company,  may  furnish  light  and  power 

to  towns  of  Bellingham  and  Franklin 1100 

Worcester,  city  of,  charter  revised 1330 

relative  to  certain  grade  crossings  in 811 

Worcester  academy,  trustees  of,  may  hold  additional  estate 740 

Worcester  county,  commissioners  of,  to  repair  and  enlarge  jail,  etc,  in  city  of 

Worcester 926 

salaries  of  commissioners  of,  established 927 

fixing  the  times  for  holding  probate  courts  in 986 

clerical  assistance  for  treasurer  of 797 


Index.  1731 


PAGE 

Worcester  lunatic  hospital,  repairs  and  improvements  at 1464 

Worcester,  Leicester  and  Spencer  Street  Kailwaj'  Company,  may  increase  capital 

stock  and  purchase  franchises,  etc.,  of  certain  other  railway  corporations  970 
Worcester  and  Shrewsbury  Railroad  Company,  may  sell  and  convey  franchise, 

etc.,  to  the  Worcester,  Leicester  and  Spencer  Street  Railway  Company  976 

Worcester  and  Suburban  Street  Railway  Company,  name  established  .        .        .  977 

World's  Columbian  exposition,  relating  to 1453,  14(59,  1478 

Worrall,  Henry  S.,  in  favor  of 1461 


Y. 

Young  Women's  Christian  Associations  of  Massachusetts  and  Rhode  Island,  State 

Association  of,  may  hold  meetings  outside  the  Commonwealth     .        .        709 


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