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

ACTS 



RESOLVES 



PASSED BY THE 



€mtnl (j0ttrt of '^muthmttt%, 



IN THE TEAR 

1894, 

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. 



^' 




w 



BOSTON : 

WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 

18 I'OZT Office Square. 

1894. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commonfco^It^ of gtassatljusctts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure tlie existence of t lie body §0^'®''°™®° • 
politic, to protect it, and to furnish the individuals who 
compose it with the power of enjoying in safety and tran- 
quillity their natural rights, and the blessings of life : and 
whenever these great objects are not obtained, the people 
have a right to alter the government, and to take meas- 
ures necessary for their safety, prosperity, and happiness. 

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

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



CONSTITUTION OF THE 

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



PAET THE FIKST. 

A Declaration of (lie RigJds of the Inhabitants of the 
Commomvealth of 3Iassachusetts. 

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

Sf/men."^ ^° Certain natural, essential, and unalienable rights; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possessing, 
and protecting property ; in fine, that of seeking and ob- 
taining their safety and happiness. 
Right and fluty jj. It ig the right as well as the duty of all men in 
gious worship, socicty, publicly, and at stated seasons, to worship the 
the°rdn?°" SuPREME Being, the great Creator and Preserver of the 
i2Aiien!*i29. uuivcrse. 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 disturl) the 
public peace, or obstruct others in their religious worship. 
Amendment, HI. [As the liappincss of a people, and the good order 

tuted for this! ' and preservation of civil government, essentially depend 
upon piety, religion, and morality ; and as these cannot 
lie generally diffused through a community but by the 
institution of the public worship of God, and of public 
Legislature em. instructious iu picty, rcligiou, and morality: Therefore, 
peiTi-o'vi8i°on°for to promotc their happiness, and to secure the good order 
public worship; ^^^ preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 
the support and maintenance of public Protestant teachers 



COMMONWEALTH OF MASSACHUSETTS. 5 

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

And the people of this commonwealth have also a right attTn'dLnce°^°^° 
to, and do, invest their legislature with authority to enjoin thereon, 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

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

And all moneys paid by the subject to the support of ^gom°pTrochiai 
pul^lic worship, and of the public teachers aforesaid, shall, taxes may be 

I . .^ , . r. 1 1- T 1 j_ /« xi paid, unless, etc. 

if he require it, be uniiormly applied to the support ot the 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- Aii denomina. 
selvespeaceably, and asgoodsubjectsof the commonwealth, protlctTd^ ^ 
shall be equally under the protection of the law : and no subordination 
subordination of any one sect or denomination to another °,'j°"iferm-o'° 
shall ever be established by law.] hibited. 

IV. The people of this commonwealth have the sole Right of seif- 
and exclusive right of governing themselves, as a free, fecureT*'" 
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 ^/ari^o^fficers''^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, services ren. 
have any other title to obtain advantages, or particular puwic bein| the 
and exclusive privileges, distinct from those of the com- peculiar Vrivi. 
munit}^ than what arises from the consideration of ser- [afy^^^cg'g'^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 



CONSTITUTION OF THE 



Objects of gov 
ernment ; right 
of people to 
institute and 
change it. 



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualitications 
prescribed, 
equally eligible 
to office. 
For the defini- 
tion of" inhabit- 
ant," see Ch. 1, 
Sect. 2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 

Taxation found- 
ed on consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184,467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 
Private prop- 
erty not to be 
taken for public 
uses without, 

6 Cush. 327. 
14 Gray, 155. 
16 Gray, 417, 
431. 



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



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

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

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

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments . vn Mass. 595, 596. 

X. Each individual of the society has a right to be 
protected by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is ol)liged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 



1 Allen, 150. 

11 Allen, 530. 

12 Allen, 223, 230. 
100 Mass. 544, 510. 



103 Mass. 120, 624. 
106 Mass. 356, 362. 
108 Mass. 202, 213. 
Ill Mass. 130. 



113 Mass. 45. 
116 Mass. 463. 
126 Mass. 42S, 441. 



127 Mass. 50, 52, 

358, 363, 410, 413. 
129 Mass. 559. 



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



COMMONWEALTH OF MASSACHUSETTS. 7 

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

XII. No subject shall be held to answer for any crimes Prosecutions 
or otience, until the same is fully and plainly, substantially, 8^prck!*2ii. 
and formally, described to him ; or be compelled to accuse, Js pick." 434. 
or furnish evidence against himself. And every subject f^'J^^o^^- 
shall have a right to produce all proofs that may be r2Cu8h.246. 
favorable to him ; to meet the witnesses against him face 5 Gray', leo. 
to face, and to be fully heard in his defence by himself, loGmyfii.' 
or his counsel, at his election. And no subject shall be "^len^/se?^ 
arrested, imprisoned, despoiled, or deprived of his prop- glo^'eT^o^" 
erty, immunities, or privileges, put out of the protection 473'. 
of the law, exiled, or deprived of his life, liberty, or 97 Mass.'sTu," 
estate, but by the judgment of his peers, or the law of looMass. 2S7, 

LUe Jciua. 103 Mass. 41S. 

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

And the legislature shall not make any law that shall ?'^^*t«'^'^l''y 

~ . . «' . jiiiy 111 criminal 

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

OUttrialVjury.^ _ _ _ 103 Mass. 418. 

XIH. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- vidnity.'^ 
est securities of the life, liberty, and property of the 121 M^assf^ei, 62; 
citizen. 

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

T 1 1 I • I' ^ • !• and seizure 

unreasonable searches, and seizures, ot his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amend'tiv. '" 
therefore, are contrary to this right, if the cause or founda- scusii^seg. 
tion of them be not previously supported by oath or affir- I^q^I' ^454 
mation, and if the order in the warrant to a civil officer, to 10 Alien, 403. 

, , . - 1 1 . . 100 Mass. 136, 

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

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

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

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

which it has heretofore been otherways used and practised, imend^t vif.' 

the parties have a right to atrial by jury ; and this method yplc^.lee; 

of procedure shall be held sacred, unless, in causes arising ^S^ay, 144. 

,,1.1 1 1 1 , . , ^8 Gray, 373. 

on the high seas, and such as relate to mariners wages, ii Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2'Ma88.45, 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 183. ■*^' 
120 Mass. 320, 321. 123 Mass. 590, 593. 128 Mass. 600. 



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to lieep 
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 
«d on consent. 
« 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 lawg-ivers and magistrates an exact and constant^ 
observance of them, in the formation and execution ot 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 l)e exercised but l)y the 
legislature, or by authority derived from it, to be exercised 
in such particular cases only as the legislature shall ex- 
pressly provide for. 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXiy. Laws made to punish for actions done before ex post facto 
the existence of such laws, and which have not been de- vTlxxl'^^^n^^' 
clared crimes by preceding laws, are unjust, oppressive, 4-4,428,434. 
and inconsistent with the fundamental principles of a free 
government. 

XXV. No subject ought, in any case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legisla- treaeonretc. 
ture. 

XXVI. No magistrate or court of law shall demand Excessive bailor 

f5 , , . ^ • ^• fines, and cruel 

excessive bail or sureties, impose excessive hues, or mnict punishments, 

, I .1 , prohibited. 

cruel or unusual punishments. 5 Gray, 482. 

XXVII. Li time of peace, no soldier ought to be quar- No soldier to be 
tered in any house without the consent of the owner ; and housl^unie^sT^ 
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, tiaiTuuiTse^etc. 
except those employed in the army or navy, and except 

the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judgesof su- 
of every individual, his life, liberty, property, and charac- coun? ^"'^'"'^^ 
ter, that there be an impartial interpretation of the laws, f Gr'ay'472 
and administration of iustice. It is the right of every i Mjen- 591. 

, "^ , . P . "^ i Allen, 385. 

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

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ci^al^anrieill'" 
and judicial powers, or either of them : the executive shall lative depart- 
never exercise the legislative and judicial powers, or either ^ Cush. 577. 
of them : the judicial shall never exercise the legislative s Aiien,'247,'253, 
and executive powers, or either of them: to the end it 2S6.^'*^^" ^^^' 
may be a government of laws and not of men. 114 Mass. 247, 

lieMass. 317. 
129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

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



CHAPTER I. 

THE legislative POWER. 

Section I. 
The General Court. 

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

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

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, 
until it shall have l)een laid before the governor for his 
revisal ; and if he, upon such revision, approve thereof, he 
shall signify his approbation by signing the same. But if 
he have any objection to the passing of such bill or resolve, 
he shall return the same, together with his objections there- 
to, in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down 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 bill or resolve, shall be entered upon the public 
records of the commonwealth. ?°^ exception 

1 1 •/• 1 Ml 11 case of ad- 

And in order to prevent unnecessary delays, it any bill joummentof 
or resolve shall not be returned by the governor within courTwIthin 
five days after it shall have been presented, the same shall lee Tmendi*'^' 
have the force of a law. rS.fei: ^' 

HI. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories"'^ 
courts of record, or other courts, to be held in the name courts of record, 
of the commonwealth, for the hearing, trying, and deter- i.,^*J'^i47 
mining of all manner of crimes, offences, pleas, processes, iw. 
plaints, actions, matters, causes, and things, whatsoever, 
arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : Avhether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed; and 
for the awarding and making out of execution thereupon. 
To which courts and iudicatories are hereby given and Courts etc., 

-„-, -^ . „ , ^ ~ . may administer 

granted lull power and authority, irom 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 ^cf ^"^"^ ^'^^' 
time to make, ordain, and establish, all manner of whole- 4 AiiM'/irt. 
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^^etc^'not 
and ordering thereof, and of the subiects of the same, and repugnant to 

^., ^ , T 1 1^ i> ji , the constitution. 

tor the necessary support and defence of the government OAiien, sss. 
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°Massf602. 
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 



may impose 
taxea, etc. 
12 Mass. 252. 

5 Allen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

12 Allen, 77, 223, 
235, 238, 240, 298, 
300,312,313,500, 
612. 

98 Mass, 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 

114 Mass. 388, 

391. 

116 Mass. 461. 

118 Mass. 386, 

389. 

123 Mass. 493, 

495. 

127 Mass. 413. 



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



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

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

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



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



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



CHAPTER I. 
^ Section II. 

Senate, 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
qualified as in this constitution is provided, forty persons 
to be councillors and senators for the year ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in 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 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13. 

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

And the several counties in this commonwealth shall, Counties to be 

.,, , iiiii •• clistrictB, until, 

until the general court shall 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, 
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II. The senate shall be the first branch of the legisla- Manner and 
ture ; and the senators shall be chosen in the following man- senators ancT™^ 
ner, viz. : there shall be a meeting on the [first Monday in amen*dm°em9^*'^ 
April,] annually, forever, of the inhabitants of each town ^v*' a's''"'^ 
in the several counties of this commonwealth ; to be called to cities, see 

1,11, T 1 ' ^ i> ^ 1 amendments, 

by the selectmen, and warned in due course ot law, at Art. ii. 
least seven days before the [first Monday in April,] for qi'aimcauonscf 
the purpose of electing persons to be senators and coun- gededbyamend. 
cillors ; [and at such meetings every male inhabitant of ments^ 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, tYn°t'^''^ defined!' 
shall have a rioht to give in his vote for the senators for see also amend- 

~ . . . . ments, Art. 

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

11 T 1 J • ji . <■ J 1 ^ . 1 1 ■, was annulled by 

all doubts concerning the meaning ot the word " inhabit- An. xxvi. 
ant" in this constitution, every person shall be considered HiuVsa'^bk, 
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 

, .. . . ,, 1 1 11 • I preside at towa 

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 fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see- 
the selectmen and the town clerk, and shall be sealed up, A^f."!!"*^" *' 
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 Januarj'. 
See amend- 
ments, Art. X. 



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



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



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



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



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

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

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^i™® changed 

T -.TT 1 1 •■ii/r-1 11 ii -111 to first Wcdnes- 

last vv ednesday m May] annually, determine and declare day of January 
who are elected by each district to be senators [by a A^rt^.'x" '^^'^^^' 
majority of votes ; and in case there shall not appear to ^l^nge'd to 
be the full number of senators returned elected by a f^end^ems 
majority of votes for any district, the deficiency shall be ^rt. 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 g'l^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 peop'ie!' ^ 
every district of the commonwealth ; and in like manner ments^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 property'quaii- 
in his own right of a freehold, within this commonwealth, fg'ifed?" ^''°^' 
of the value of three hundred pounds at least, or possessed ^^g'nt™^^ 

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 visLnLt^J^"^" 
has not been an inhabitant of this commonwealth for the auo'^ameud^-^^ 
space of five years immediately preceding his election, and, xxn.'^*'' 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves. Senate not to 
provided such adjournments do not exceed two days at a thinYwo'dajrs. 
time. 

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

. . i ' a; i^ its orncers and 

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

T . ••■ 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 members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal ^'^°'^'^"'^'^- 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. 
See amend, 
tuente, 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 peoi^le. 



Representa- 
tives, by whom 
chosen. 

Superseded by 
ameudmeuts, 
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. 
Annulled by 
Art. XXXV. 



Qualifications of 
a representa- 
tive. 



CHAPTER 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 aninhab- New provision 
itani of, and have been seised in his own right of a free- see amend^"''^' 
hold of the value of one hundred pounds within the town xxT' ^"' 
he shall be chosen to represent, or any ratable estate to « cation a?. o?'^' 
the value of two hundred pounds ; and he shall cease to j^ents^ irt"*^"^' 
represent the said town immediately on his ceasing to be xiii. ' 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of ^"oJg'j.^^"°°^°^ 
ao:e, and resident in any particular town in this common- These pro- 

O ' r T 1 • visions super- 

wealth for the space or one year next precednig, having a seded by 

freehold estate within the said town of the annual income AnT. m°xx., 

of three pounds, or any estate of the value of sixty pounds, x'xxl and"^"^" 

shall have a right to vote in the choice of a representative g^^ ^"0 amend- 

or representatives for the said town.1 ^-tP}f4^''\-. ,. 

-IT rrrM i /■ i 1 • 'in XXHI., which 

V. rihe members ot the house ot representatives shall was annulled by 

• Art \XVI 

be chosen annually in the month of May, ten days at least Representai 
before the last Wednesday of that mouth. 1 tives, when 

^ -1 chosen. 

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. 

VH. All money bills shall originate in the house of na°ea^umonfy 
representatives ; but the senate may propose or concur ^'"^" 
with amendments, as on other bills. 

VIII. The house of representatives shall have power more°than°two 
to adjourn themselves ; provided such adjournment shall days. 

not exceed two days at a time. ^ „ 

.- ^ Quorum. See 

IX. [Not less than sixty members of the house of ameudmentB, 
representatives shall constitute a quorum for doing busi- xxxiii. 
ness.] 

X. The house of representatives shall be the judge of '^etmQs,%tl, of 
the returns, elections, and qualifications of its own mem- itsownmem- 

/ ... . bers ; to choose 

bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker; appoint their own officers, and settle the rules, etc. 
rules and orders of proceeding in their own house. They for^cc?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 }>ehavior 
in its presence ; or who, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness^ or other person, ordered to attend the 



18 



CONSTITUTION OF TPIE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punisli. 

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 memljer 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 Avarrant 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 Avhere their rights and privileges 
are concerned, and which, by the constitution, they have 
authority to try and determine, by committees of their own 
members, or in such other way as they may respectively 
think best. 



Governor. 



His title. 
To be chosen 
annually. 
Qualifications. 
[See amend- 
ments, Arte. 
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 whose title 
shall be — His Excellency. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

in open town meeting, sort and count the votes, and form 
a list of the persons voted for, with the nmnber 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 cities, see 

„. ., . Till- ameudraents, 

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

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

attested by him and the selectmen, and transmit the same 

to the sheriff of the county, thirty days at least before the 

riast Wednesday in Mayl ; and the sheriff shall transmit Time chansred 

L "^ ^ J ' to tirst Wednes- 

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

, 1 T 1 1 ri •/• 1111 • • 1' How chosen, 

and published ; Ll)ut it no person shall have a majority or 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 which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor.] 

IV. The governor shall have authority, from time to rower of gov- 
time, at his discretion, to 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- gene?frco\nt 
eral court, to adjourn or prorogue the same to any time "^d^JnveuT' 
the two houses shall desire ; [and to dissolve the same on tj^e same. 

,11 T , 1 '- -xxT 1 1 • -4 1- 1 As to dissolu- 

the day next precedmo; the last Vvednesday in May ; and, tion.seeamend- 

• ,1 "^ i.' +1 "^1 4. J. ii i- meats, Art. X. 

Ill the recess ot the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the Avelfare 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 
cinety days. 



Q-overnor to be 
commander-in- 
chief. 



court is next at any time to convene, or any otlier 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.] 

YI. In cases of disagreement between tlie 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 war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cap- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the 
constitution, and the laws of the land, and not other- 
wise. 



COMMONWEALTH OF MASSACHUSETTS. 21 

Provided, that the said governor shall not, at any time Limitation. 
hereafter, by virtue of any power by this constitution 
granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or 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 by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access. 

Vni. The power of pardoning offences, except such ^u^ndul-fy "^ 
as persons may be convicted of before the senate by an pardon offences, 

r" T ^ ini'i i except, etc. 

impeachment or the house, shall be m the governor, by 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the party pleading the same, But not before 

.., . T 1 i' 1 • conviction. 

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

IX. All iudicial officers, [the attorney-jyeneral,! the Judicial om- 

L «^ " -J ccrs etc* iio^v 

solicitor-general, [all sheriffs,] coroners, [and registers of Hom'inated and 
probate,] shall be nominated and appointed by the gov- Forprovis'ions 
ernor, by and wnth the advice and consent of the council ; of attornty"" 
and every such nomination shall be made by the e'overnor, general, see 

•^ . »/ p ' amendments, 

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

For provision as to election of sheriffs, registers of probate, etc., see amendments, Art. 
XIX. For provision aa to appointment of notaries public, see amendments, Art. IV. 

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twenty-one years by\mSi*iL°"' 
of age and upwards ;] the field officers of regiments shall ments, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the 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 leo-islature shall, by standino^ laws, direct the time Election of 

o . "^ o ' officers. 

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

The major-generals shall be appointed by the senate and ^ol°appointed 
house of representatives, each having- a neo-ative upon the andcommis. 

I ^ ' 00 r 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^ •'"'^^se. 



22 



CONSTITUTION OF THE 



O (Beers duly 
coimniesioued, 
how removed. 
Superseded by 
amendraeuts, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army ofBcere, 
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 l)eing, tlien the governor, with advice of council, 
shall appoint suitable persons to fill such ofBces. 

[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 comnion- 
Avealth shall appoint, as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until 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, 
belonginsf 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- 



COMMONWEALTPI OF MASSACHUSETTS. 23 

hibit to the governor, when required by him, true and 
exact plans of such forts, and of the land and sea or har- 
bor or harbors, adjacent. 

And the said boards, and all public officers, shall com- 
municate to the governor, as soon as may be after receiving 
the same, all letters, despatches, and intelligences of a 
})ublic nature, which shall be directed to them respectively. 

XIII. As the public good requires that the governor gove'i-^o/. 
should not ))e 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 by law accordingly. 

Permanent and honorable salaries shall also be estab- ^.^|_^'"^<'j?^°^ j^'^-^ 
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 fnsufficient. 
to time, be enlarged, as the general court shall judge 
proper. 



CHAPTER II. 

Section II. 
Lieutenant- Governor. 

Article I. There shall be annually elected a lieuten- Lieutenant- 
ant-governor of the commonwealth of Massachusetts, uue^'and'^quaufi. 
whose title shall be — His Honor ; and who shall be cations, see 

, , ' amendments, 

qualified, ni point ot [religion,] property, and residence Arts. 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 How chosen, 
be found to have a majority of all the votes returned, the Election by 
vacancy shall be tilled by the senate and house of repre- ^' "'^'^ ''^ ^^°' 



24 



CONSTITUTION OF THE 



vided for by 
amendmentB, 
Art. XIV. 



President of 
council. 
Lieutenant- 
governor a 
member of, 
except, etc. 



Lieiitenant- 
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 
alvvays 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. 



Coiancil. 
Number of 
councillors 
changed to 
eight. 

See amend- 
ments, Art. 
XVI. 



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

Superseded by 
amendments, 
Art. XVl. 



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



CHAPTER II. 

Section III. 

Council^ and the Manner of settling Elections hi/ the Leg is- 

latxire. 

Article I. There shall be a council for advising the 
governor in the executive part of the government, to 
consist of [nine] persons besides the lieutenant-governor, 
whom the governor, for the time being, shall have full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

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



COMMONWEALTH OF MASSACHUSETTS. 25- 

III. The councillors, in the civil arrangements of the Raukof 
commonwealth, shall have rank next after the lieutenant- *="""'='"o''''- 
governor. 

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

SiiperBccled by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be uegisterof 
recorded in a register, and signed by the members present ; '^°"""'- 
and this record maybe called for at anytime by either 

house of the legislature ; and an}^ meml)cr 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/governorfn 
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, Avere personally present. 

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

from day to day until the same shall be completed. And gu'^eLllde'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, Commissary, etc. 

Article I. [The secretary, treasurer and receiver- Secretary, etc., 
general, and the commissary-general, notaries public, and] howchMe^'^ 
naval officers, shall be chosen annually, by joint ballot of ^°e,Ppj°>^^*°p^^ 
the senators and rer)resentatives in one room. And, that secretary, treas. 

,. ... r- 1 • 11 IP urer, and re- 

tne citizens oi this commonwealth may l)e assured, from ceiver-generai, 
time to time, that the moneys remaining in the pul)lic attorney-'ge'n^" 
treasury, upon the settlement and liquidation of the pub- ments^AX""''' 
lie accounts, are their property, no man shall be eligible ^^^^- 



26 



CONSTITUTION OF THE 



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



Secretary to 
keep records; 
to attend the 
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 officers 
to hold oflice 
durius; 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. 507, 
661. 

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



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



CHAPTER 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, w^ith 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. 

HI. 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 chites ; 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 tmies and places which the respective judges shall 
direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^^o^c^e^^and aii- 
all appeals from the judges of probate, shall be heard and mony. ' 
determined by the governor and council, until the legis- visions made 
lature shall, by law, make other provision. ws 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 Y. 

THE UNIVERSITY AT CAMBRIDGE AND ENCOURAGEMENT OF 
LITERATURE, ETC. 

Section I. 
TJie University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"'^s^- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, privi- 
Harvard College, in their corporate capacity, and Ihl'^presfdent 
their successors in that capacity, their officers and ser- cou/r''^°X** 
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 oflicers 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 Caml)ndge, 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, grants, devises, legacies, and convey- 

etc, confirmed. o'o ' ^'O ' J 

ances, are hereby forever confirmed unto the president 
and fellows of Harvard College, and to their successors 
in the capacity aforesaid, according to the true intent and 
meaning of the donor or donors, grantor or grantors, 
devisor or devisors. 

III. And whereas, by an act of the general court of 
• the colony of Massachusetts Bay, passed in the year one 

thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, consti- 
tuted the overseers of Harvard College ; and it being 
necessary, in this new constitution of government to 
Who shall be asccrtaiu who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
isTif224"*^^' that the governor, lieutenant-governor, council, and senate 
\fl'V-,\ of this commonwealth, arc, and shall be deemed, their 

1865,173. successors, who, with the president of Harvard Colleg-e, 

ISSO 65 . . ■ • c? ' 

for the time being, together with the ministers of the^ con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
Power of altera- provided, that nothing herein shall be construed to pre- 

lion reserved to ^ , ^, , . , , e .\ • i^i x" l • 

the legislature, vcut the legislature or this commonwealth rrom 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, diffused gen- puty of locrisia. 
erally among the body of the people, being necessary for tures and magis 
the preservation of their rights and liberties ; and as these future periods. 
depend on spreading the opportunities and advantages of visLnl'asW^'° 
education in the various parts of the country, and among see^amend°°'^' 
the different orders of the people, it shall be the duty of ^^'^^^ "^'"'• 
legislatures and magistrates, in all future periods of this 12 Alien, 500- 
commonwealth, to cherish the interests of literature and 103 Mass. 94, 97. 
the sciences, and all seminaries of them ; especially the 
university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agriculture, arts, sciences, commerce, trades, 
manufactures, and a natural history of the 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 affections, 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- oa'^^s, etc. 
governor, councillor, senator, or representative, and accept- 
ing the trust, shall, before he proceed to execute the duties 
of his place or office, make and subscribe the following 
declaration, viz. : 

" I, A. B., do declare, that I believe the Christian reli- ^^endrnfatsf^^ 
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 
oflBcc or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 



30 



CONSTITUTION OF THE 



Declaration and 
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- 
scribe the following declaration, and oaths or affirmations, 



VIZ. 



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

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

the best of my abilities and understanding, agreeal)ly to 
the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." ^ 

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



CO:\rMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, [" I do 
swear,'" " and abjure" " oath or,'" " and abjuration,'' \\\ the 
first oath, and in the second oath, the words] '^ swear 
and," and [in each of them] the words " So helj) me, 
God ; " subjoining instead thereof, " This I do under the 
pains andj^enalties of i^erjury " 

And the said oaths or affirmations shall be taken and .^ffirma'ti'ous. 
subscribed by the governor, lieutenant-governor, andcoun- iiowadminis- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
ofiicers 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'tTgoveraor," 
under the authority of this commonwealth, except such as leVamend-' '^"^' 
by this constitution they are admitted to hold, saving that menu, Art. 
the judges of the said court may hold the offices of justices 
of the ])eace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at same subject. 

* . . , . ^, . '^ 1 P - 1 Allen, 5o3. 

the same time, withm this state, more than one ot the 
following offices, viz. : judge of probate — sheritT — regis- 
ter of pro1)ate — 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. 

No person holding the office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For'^funher pro- 
general — treasurer or receiver-general — judge of probate ^nco°mparib°e 

— commissary-general — [president, professor, or instruct- offices, see 

J Ti Li 'i ' ameudraents, 

or of Harvard College] — sheriff — clerk of the house of o^'^^^fH 
representatives — register of probate — register of deeds vard college 

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



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59, 

2 Mass. 534. 

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



Benefit of 
habeas 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 place so 
vacated shall be filled up. 

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

And no person shall ever be admitted to hold a seat in 
the legislature, or any oflice 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. 

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

V. All writs, issuing out of the clerk's office in any of 
the courts of law, shall be in the name of the Common- 
wealth of INIassachusetts ; they shall be under the seal of 
the court from whence they issue ; they shall bear test of 
the first justice of the court to which they shall be returna- 
ble, who is not a party, and be signed by the clerk of such 
court. 

VI. All the laws which have heretofore been adopted, 
used, and approved in the Province, Colony, or State of 
Massachusetts Bay, and usually practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the writ of habeas 
' corpus shall be enjoj^ed 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 

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

IX. To the end there may be no failure of justice, or omeersof 
danger arise to the commonwealth from a change of the melu^conunued 
form of government, all officers, civil and military, hold- "°''^''^"^- 
ing commissions under the government and people of 
Massachusetts Bay in New England, and all other officers 

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

X. [In order the more effectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- smmixin.'^""' 
tions which l)y any means may l)e made therein, as well proviMonaf to 
.as to form such alterations as from experience shall be amendments, 

. - - 1 • 1 1 1 1 1 • 1 ^^^ amend- 

lound necessary, the general court which shall be in the ments, An. ix 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 
towns, and to the assessors of the unincorporated 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 sfilut'iol.'^^" 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue })recepts, 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 



preTervfnVand ^^- Tliis foriii of govemment shall be enrolled on. 

publishing this i)archment, and deposited in the secretary's office, and be 
a part of the laws of the land ; and printed copies thereof 
shall l)e 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. 667. 
See Const., Ch. 
I., § 1, Art. 11. 



General court 
empowered to 
charter cities. 
122 Mass. 354. 



Proviso. 

112 Mass. 200. 



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



ARTICLES OF AMENDMENT. 

Article I. If any bill or resolve shall be objected to, 
and not approved by the governor ; and if the general 
court shall adjourn 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 the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returnins: the votes ijiven at such meetings. 
Provided, that no such government shall be erected or 
constituted in any town not containing twelve thousand 
inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, 
present and voting thereon, pursuant to a vote at a meet- 
ing duly warned and 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 which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, by 
himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 



COMMONWEALTH OF MASSACHUSETTS. 35 

such election, have been assessed upon him, in any town For educational 
or district of this commonwealth; and also eveiy citizen see amend. ' 
who shall be, by law, exempted from taxation, and who Fo?pro'^uio^a» 
shall be, in all other respects, qualified as above mentioned,] h°ave°8''e'i%'ed°in 
shall have a rio-ht to vote in such election of g-overnor, the army or 

,. ~ . ® , navy lu time of 

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

XXXI 

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

Art. IV. Notaries public shall be appointed by the Notaries public, 
governor in the same manner as judicial officers are ap- auJ removed!'^ 
pointed, and shall hold their offices during seven jears, 
unless sooner removed by the governor, with the consent 
of the council, upon the address of both houses of the 
legislature. 

[In case the office of secretary or treasurer of the com- vacancies in the 
monwealth shall become vacant from any cause, during t°^y Md^^reas!" 
the recess of the general court, the governor, with the ThTs c^iause "^^^^ 
advice and consent of the council, shall nominate and superseded by 

, 1 , . , -111 amendments, 

appoint, under such regulations as may be prescribed by Art. xvu. 
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 gei^rai^mJ'^be 
require the appointment of a commissary-general, he shall appointed, ic 
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- subafterDs"^ '*"'* 
nies, as well those under as those above the age of twenty- 
one years, shall have a right to vote. 

Art. VI. Instead of the oath of allegiance prescribed by^an'officers''" 
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 



Tests abolished. 



Incompatibility 
of offices. 

122 Mass. 445, 
600. 

123 Mass. 535. 



Amendments to 
constitution, 
how made. 



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

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

Art. VIII. No judge of any court of this common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa-v 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor 
the attorney-general, solicitor-general, county attorney, 
clerk of any court, sheriff, treasurer, and receiver-general, 
register of probate, nor register of deeds, shall continue 
to hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

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



COMMONWEALTH OF MASSACHUSETTS. 37 

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

Akt. X. The political year shall begin on the first ^f°™™[ieareTrI 
"Wednesday of January, instead of the last Wednesday of 
JNIay ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of jNIay. 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 AVednesday of January, and until 
others are chosen and qualified in their stead. 

TThe meetino; for the choice of o;overnor, lieutenant- ^J^etings for the 

L o _o 1111111 choice of gov- 

governor, senators, and representatives, shall be held on emor. lieuten. 
the second Monday of November in every year ; but meet- etc.fwYe'n to be 
ings may be adjourned, if necessary, for the choice of Thfg clause 
representatives, to the next day, and again to the next ame'r^dme^'msf 
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 officers 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 ^^^^l^'^^^^^^^^ 
October, next following the day when the same shall be tjou- 
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 
eBtablished. 
See Dec. of 
Rights, Art. 
III. 



122Ma8s. 40, 41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII., 
which was also 
superseded by 
amendments. 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



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

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

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

"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 holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into by such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good citi- 
zens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

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



COMMONWEALTH OF MASSACHUSETTS. 39 

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

Any town having less than three hundred ratable polls Towns having 
shall be represented thus : The whole number of ratable rlubie^poiis, 
polls, at the last preceding decennial census of polls, shall ^o^ represent. 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect Fractions, how 

nJ J p sr 1/-11 represented. 

one or more representatives, with any number or 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 muny years, within the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 
may, by consent of a majority of the legal voters present "e'lltative^dit?'^ 
at a legal meeting, in each of said toAvns 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 determine'the 
Lord one thousand eight hundred and thirty-seven, accord- resentativL'^to' 
ing to the foregoing principles, the number of representa- ^^'Qj^ntitied. 
tives, which each city, town, and representative district is 
entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many years within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion, 
years, thereafter, by the governor and council, and the mfceS^neve^^*^* 
number of ratable polls in each decennial census of polls, ^^a years, 
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 



40 



CONSTITUTION OF THE 



Inconsisteut 

provisions 

annulled. 



Census of inhab- 
itants tobc taken 
in 1840, and de- 
cennially there- 
after, for basis 
of representa- 
tion. 

Provisions as to 
census super- 
seded by amend- 
ments, Arts. 
XXI. and XXII. 
Senatorial dis- 
tricts declared 
permanent. 
Provisions as to 
senators super- 
seded by amend- 
ments. Art. 
XXII. 



House of repre- 
sentatives, how 
apportioned. 
Provisions as to 
representatives 
superseded by 
amendments, 
Art. XXI. 



Small towns, 
how repre- 
sented. 



Towns may 
unite into repre- 
sentative dis- 
tricts. 



by each city, town, or representative district is ascertained 
and determined as aforesaid, tlie governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 

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

Art. XIII. [A census of the inhabitants of each city 
and town, on the first day of May, shall be taken, and 
returned into the secretary's ofiice, on or before the last 
day of June, of the year one thousand eight hundred and 
forty, and of every tenth year thereafter; Avhich census 
shall determine the apportionment of senators and repre- 
sentatives for the term of ten years. 122 Mass. 595. 

The several senatorial districts now existing shall be 
permanent. The senate shall consist of forty members ; 
and in the year one thousand eight hundred and forty, 
and every tenth year thereafter, the governor and council 
shall assign 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. 

The memljers of the house of representatives shall be 
apportioned in the following manner : Every town or city 
containing twelve hundred inhabitants may elect one rep- 
resentative ; and two thousand four hundred inhabitants 
shall be the mean increasing number, which shall entitle 
it to an additional representative. 

Every town containing less than twelve hundred inhab- 
itants shall be entitled to elect a representative as many 
times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates within the com- 
monwealth shall be settled. 

Any two or more of the several towns may, by consent 
of a majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
purpose, and held before the first day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 
such district shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 



COMMONWEALTH OF MASSACHUSETTS. 41 

The number of inhabitants which shall entitle a town Basis of repre- 

j 1 , 1. ±- 1 J.1 • • sentation, and 

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

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

•1111 IP ^ 1 f -^ 1 • and council to 

council shall, before the first day of September, apportion apportion the 
the number of representatives which each city, town, and resentativos^o^f 
representative district is entitled to elect, and ascertain ?u every 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, theVopie 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 g°'^erseded by 
shall, as soon as may be, in like manner, fill 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 five years immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

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

, t n .1 1 , • ji i- •! 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 ijy tha 
pie of this commonwealth, whose election is provided for pfur^auty of" ^^ 
by the constitution, the person having the highest number ^'°'^'^*- 
of votes shall be deemed and declared to be elected. 

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



42 



CONSTITUTION OF THE 



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



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. XYI. Eight councillors shall be annually chosen 
l)y the inhabitants of this commonwealth, qualitied to vote 
for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
thereafterwards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or ward of a city, and each entitled to elect 
one councillor : provided, however, that if, at any time, the 
constitution shall provide for the division of the common- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legisla- 
ture. No person shall be eligible to the office of council- 
lor who has not been an inhabitant of the commonwealth 
for the term of five years immediately preceding his elec- 
tion. The day and manner of the election, the return of 
the votes, and the declaration of the said elections, shall 
l)e the same as are required in the election of governor. 
[Whenever there shall be a failure to elect the full num- 
ber of councillors, the vacancies shall be filled in the same 
manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the state, 
or otherwise, shall be filled in like manner, as soon as may 
be, after such vacancies shall have happened.] And that 
there may be no delay in the organization of the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days 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 b}^ them examined; and in 
case of the election of either of said officers, the choice 
shall be by them declared and published ; but in case 
there shall be no election of either of said officers, the 
legislature shall proceed to fill such vacancies in the 



COMMONWEALTH OF MASSACHUSETTS. 43 

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

Art. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfauditoi-T^" 
annually, od the day in November prescribed for the genem^by^hs 
choice of governor; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 

^ o ^ nlled. 

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 qualified in his stead. 
In case any person chosen or appointed to either of the To qualify with. 
offices aforesaid, shall neglect, for the space of ten days o°heAvl8roffice 
after he could otherwise enter upon his duties, to qualify vac^nt.'''^'^'^'^ 
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 piied°for8Tcta. 
all moneys which may be appropriated by the state for Fororig*inai' 
the support of common schools, shall be applied to, and provision as to 

11. ' '■ '■. Bcnools, see 

expended in, no other schools than those which are con- constitution, 
ducted according to law, under the order and superintend- ii'i. ' 



44 COXSTITUTIOX OF THE 

12 Allen, 500, eiicG of the authorities of the town or city in which the 
losMass. 94, 96, money is to be expended ; and such moneys shall never 

be appropriated to any religious sect for the maintenance, 

exclusively, of its own school, 
prefcrfbefor** Art. XIX. The legislature shall prescribe, by general 
shedffs!'rey/. ^^^i for the clcctiou of sheriffs, registers of probate, com- 
et" ^b ^the^'^*^' missioners of insolvency, and clerks of the courts, by the 
people. people of the several counties, and that district-attorneys 

13 Or Jy, 74. sliall bc choscii by the people of the several districts, for 
110 Mass. 1^2, gm^jj term of office as the legislature shall prescribe. 

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

uitfon'inE°°gii8h Art. XX. No pcrsou shall have the right to vote, or 

and writing, \)q elio;il)le to office Under the constitution of this common- 
necessary quail- 11111 111 11 ... 

ficationsof Wealth, who shall not be able to read the constitution in 
Proviso. the English lansruao'e, and write his name : provided, how- 

ficJti'onrsee'* '' evev, that the provisions of this amendment shall not apply 
atu'iiT.'^"'*' to ^^Vf person prevented by a physical disability from com- 
See also amend- plying witli its rcquisitious, uor to any person who now 
xxiii.^ which has the right to vote, nor to any persons who shall be 

wasannulledby • , /. i j_ j_i x" j_i • i , 

amendments, sixty ycars ot agc or upwards at the time this amendment 
Art. XXVI. shall take eftect. 

voterslnd'of^ Art. XXI. A ccusus of the legal voters of each city 
inhabitants, and towu , ou the first day of May, shall be taken and 
See p. s. c.'si. * retumcd into the ofiice 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 numl)er of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 
Sntatives'^tT'^^' Thc housc of representatives shall consist of two hun- 
con8i8tof24o dred and forty members, which shall be apportioned by 

members. i i • i • /^ • c i f 

Legislature to the legislature, at its first session after the return of each 
loGray.'eil.''' enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 
pose, as well as in the formation of districts, as hereinafter 
provided, be considered a part of the county of Plymouth ; 



COMMONWEALTH OF :MASSACHUSETTS. 45 

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

wealth, to certify, as soon as may be after it is determined amhodze'd to'^'^* 

by the legislature, the nimiber of representatives to Avhich '''"^'' *=°""''^'' 

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 August next after each Slou fo'i.e 

assiijnment of representatives to each county, assemble at first Tuesday 

,'-i c \ • J • J- 1 T '^^ Aua;net. 

a shire town ot then' respective counties, and proceed, as Proceedings, 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made 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 inhal^itant of the district i22Mrs°.'595r' 
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- des™ribe*d 'and 
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 toAvn 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 Quonim, see 
hundred members of the house of representatives shall An. xxxiii. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

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



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
aeuators. 



of forty mem 
bers 



Senatorial 
districts, etc. 



See amend, 
ments, Art. 
XXIV. 



Qualifications 
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 
Senate to consist ccusus. The Senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : j[)Tovided^ 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 inhab- 
itant of the district for which he is chosen; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 
[Residence of ^p,p^ XXIII. [No pcrson of forcigu l)irth shall be en- 

quiredof natu- titled to votc, or sliall bc eligible to office, unless he shall 
to entitle to eufi havc rcsldcd w^ithiii the jurisdiction of the United States 
eii''|bie\™oince. for two ycars subsequent to his naturalization, and shall 
™iiiied by be otherwise qualified, according to the constitution and 
Art. XXVI. laws of this commonwealth: provided, that this amend- 
ment shall not afiectthe rights which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
jjrovided, further , that it shall not aftect 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 
l>y 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. 



Vacancies in the 

senate. 



Vacancies in the 
council. 



COMMONWEALTH OF MASSACHUSETTS. 47 

of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the 
same by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty-third 

1} -\ L c L^ j.*j, X' t^ ja ' ij.1 article of amend- 

oi amendment of the constitution ot this commonwealth, ments annulled. 
which is as follows, to wit : " No person of foreign birth 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : jgrovided^ that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
-provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom," is hereby 
wholly annulled. 

Art. XXVII. So much of article two of chapter six Provisions of 
of the constitution of this commonwealth as relates to vl,' reiatingTo 
persons holding the office of president, professor, or vfrd^coulg^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- 
pa3aiient of a poll-tax. 

Art. XXIX. The general court shall have full power voungpre- 
and authority to provide for the inhabitants of the towns *^'°'^ ^ ^ 
in this Commonwealth more than one place of public meet- 
ins; 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 vot«rsnotdis- 
elections for governor, lieutenant-governor, senators, and ?ea" on of change 
representatives, shall, by reason of a change of residence unui^^x^months 
within the Commonwealth, be disqualified from voting for 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 
Art. XXVIII. 
amended. 



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



Provisions of 
amendments, 
Art. III. relative 
to payment of a 
ta.K as a voting 
qualification, 
annulled. 



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



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



Provisions of 
Art. II., §111., 
Chap. I., rela- 
tive to expense 
of travelling to 
the general 
assembly by 
members of the 
house, annulled. 



Art. XXXI. Article twenty-eightof 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 da}^ 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 two 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. 

Art. XXXV. So much of article two of section three 
of chapter one of the Constitution of the Commonwealth 
as is contained in the following words : ' ' The expenses of 
travelling to the general assembly, and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasury, to every member 
who shall attend as seasonalily as he can, in the judgment 
of the house, and does not depart without leave.", is 
hereby annulled. 



COMMONWEALTH OF MASSACHUSETTS. 49 

The constitution of INIassacliusetts was agreed upon by delegates 
of tlie people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of JNIarch, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution was submitted to the jDcople, to be adopted by them, 
2)i-ovided two-thirds of the votes given should be in the aftirmative. 
^^'hen the convention assembled, it was found that the constitution 
had been adojoted by the requisite number of votes, and the conven- 
tion accordingly Resolved, " That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elections, 
agreeable to this resolution.'" The first legislature assembled at Bos- 
ton, on the twenty-fifth day of October, 1780. 

The first nine Articles of Amendment were submitted, by delegates 
in convention assembled, November 15, 1820, to the jDeople, and by 
them ratified and adojDted, April 9, 1821. 

The tenth Article was adopted by the legislatures of the jjolitical 
years 1829-30, and ISoO-ol, resijectively, and was ap^iroved and rati- 
fied by the jaeople ^Nlay 11, 1831, 

The eleventh Article was adopted by the legislatures of the i^oliti- 
cal yeai-s 1832 and 1833, respectively, and was approved and ratified 
by the jDcople November 11, 1833. 

The twelfth Article was adoi^ted b}" the legislatures of the jjolitical 
years 1835 and 1836, respectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was approved and ratified 
by the peojDle the sixth day of April, 1810. 

The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and 
nineteenth Articles were adopted by tlie legislatures of the political 
years 1854 and 1855, respectively, and ratified by the jjeople the 
twenty-third day of May, 1855. 

The twentieth, twenty-first, and twenty-second Articles were 
adopted by the legislatures of the jDolitical years 1856 and 1857, 
respectively, and ratified by the peojile on the first day of ^lay, 1857. 

The twenty-third Article was adojited by the legislatures of the 
political years 1858 and 1859, respectively, and ratified by the peoiDle 
on the ninth day of May, 1859, and was repealed by the twenty-sixth 
Amendment. 



50 CONSTITUTION OF MASSACHUSETTS. 

The tAvent^'-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
jjeople on the seventh day of i\Iay, 1860. 

The twenty-sixth Article was adojjted by the legislatures of the 
political years 18G2 and 1863, and ratified by the people on the sixth 
day of April, 1863. 

The twenty-seventh Article was adopted l)y the legislatures of the 
political years 1876 and 1877, and was approved and ratified by the 
peoi^le 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 ap]} roved and ratified by the 
people on the eighth day of November, 1881. 

The twenty-ninth Article was adopted by the legislatures of the 
political yeai's 1884 and 1885, and Avas approved and ratified by the 
people on the third day of November, 1885. 

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

The thirty-second and thirty-third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were approved 
and ratified by the jDeople on the third day of November, 1891. 

The thirty-fourth Article was adopted hy the legislatures of the 
Ijolitical years 1891 and 1892, and was approved and ratified by the 
people on the eighth dai^' of November, 1892. 

The thirty-fifth Article was adopted by the legislatures of the 
jjolitical years 1892 and 1893, and was approved and ratified by the 
people on the seventh day of November, 1893. 



[A proposed Article of Amendment, j^rohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adoi)ted 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. 

Pag& 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

Adjutant-general, appointed by the governor, 22 

Adjutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by Quakers, 30, 31, 35 
Agriculture, arts, commerce, etc., to be encouraged, .... 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agreed 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, 36, 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, IG, 39, 40, 44 

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

Arms, right of people to keep and to bear, for public defence, . 8 
Arrest, members of house of repi'esentatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembles 13 

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

wai'rant to contain special designation, 7 

Attorney-general, to be chosen l:)y the people annually in November, 21, 43 
to hold office for one year from third AVednesday 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, A'acaucy to be filled by joint ballot of legis- 
lature from the two persons having the highest number of 

votes at November election, 43 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

ofiice to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . 44 
Auditor, to be chosen by the people annually in November, . . 43 

to hold office for one year from third Wednesday in January 

next thereafter, and until another is chosen and qualified, 48 

election determined by legislature, '43 

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

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

next preceding election, . 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

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

Bills and resolves, to be laid before governor for revisal, ... 10 
to have force of law if signed by governor, .... 10 
if objected to by governor in Avriting, 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 by governor within &ve days after presenta- 
tion, to have force of law, unless the legislature adjom-ns 
before that time expires, . . . . . . . 11, 34 

Boards, public, to make quartei'ly 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 ofiice of trust, etc., . . 32 



c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

of mhabitants and legal voters taken in the year 18G5, and 

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

Page 
Cities, may be chartered by the general court, if containing twelve 
thousand inhabitants and consented to by a majority 

thereof, 34 

Civil officers, meeting for election to be lield annually on the Tues- 
day next after the first Monday iu November, . . , 41 
vrhose election is provided for by the constitution to be 

elected by a plurality of votes, 41 

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

force, 32 

Commander-in-chief, governor to be, , . 20 

Commerce, agriculture and the arts, to be encouraged, ... 29 
Commissary-general, appointed and commissioned as lixed by law, . 25, 35 
Commission officers, tenure of office to be expressed in commissions, 26 
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-thirds of the house 
present and voting thereon by yeas and nays; entered 
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 tlie people, and, if approved by them 
by a majority vote, becomes a part of the constitution, , 86, 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 

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

Council, Ave members to constitute a quorum, 24 

eight councillors to be elected annually, 24, 42 

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

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

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

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

by the members present, 25 

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

and lieutenant-governor is vacant, 25 



54 INDEX TO THE CONSTITUTION. 

Pag& 

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 five years pre- 
ceding election, 42 

term of office, 37 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house ; if legislature is 
not in session, to be filled by governor with advice of 

council, 46, 47 

Court, superior, judges not to hold certain other oftices, ... 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 ofiices, 36 

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

governor and council, 26 

Courts, clerks of, elected by the people of the several counties, . 44 

Courts, probate, provisions for holding, 26 

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

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

may administer oaths or affirmations, . . . . 11 

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

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

D. 

Debate, freedom of, in the legislature 8- 

Declaration of the rights of the inhabitants 4 

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

Delegates to congress, 27 

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

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

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

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

several counties 39, 45 

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 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, meeting to be held annnally on the first 

Tuesday next after the first Monday in November, . . 4i 
in case of failure to elect representative, meeting to be held 

on fom'th Monday in November, . , . . . 41 

Election returns, 13, 42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, 4 

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

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

F. 

Felony and treason, no subject to be declared guilty of, by the legis- 
lature, 9 

Fines, excessive, not to be imposed, 9 

Frame of government, IQ 

Freedom 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, g. 

G. 

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

for making laws, 

freedom of speech and debate in, 

not to declare any subject to be guilty of treason or felony 
formed by two branches, a senate and house of representa 

tives, each having a negative on the other .... 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, . . . u 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, 11. 

may provide for the election or appointment of officers, and 

prescribe their duties, H 

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

travelling expenses of members ; provision annulled, . . 16, 48 
may be adjourned or prorogued, upon its request, by the gov- 
ernor with advice of council, ...... 13 

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



56 INDEX TO THE CONSTITUTION. 



Page 
26 
32 



General court, judicial officers may l)e removed upon address of, 
person convicted of bribery, not to hold seat in, 
may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

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

houses disagree, etc., 20 

to elect major-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 sheriffs, registers of ])robate 
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 executivo magistrate, styled, — The Gover- 
nor of tlie Commonwealth of Massachusetts; witli 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 tlie array and navy, but may not 

oblige them to go out of tlie limits of tlie 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 take 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, 4.S 

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 the 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 direct 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 
Governor, to appoint oflicers of the continental army, ... 22 
may pai'dou oflences, but not before conviction, ... 21 
may till 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, ... 26 
Governor and council, to examine election returns, . . . ,14, 42 
may punish persons guilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18- 

quorum to consist of governor and at least five members of 

the council, 19 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, 2& 



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 

boai'd of overseers established, but the government of the 

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

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

Hei'editary oflices and privileges, absurd and unnatural, , . . 5, 6 

House of Eepresentatives, members may be insti'ucted by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, 16 

may impose fines upon towns not choosing members, . . 16 
expense of travel once every session each Avay,. to be paid by 

the government ; provision annulled, . . . . 16, 48 

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

large upon records, 10 

qualifications of members, 17, 41, 45 

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

an inhabitant of the state, 45 

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

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

the grand inquest of the commonwealth, 17 

ropose or 

17 

17 

. 17, 45, 48 

17 



to originate all money bills, but the senate may j: 
concur with amendments, .... 

not to adjourn moi'e than two days at a time, . 

quorum of, ........ 

to choose oflicers, establish its rules, etc., 

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. 

Pag^ 
House of Representatives, privileges of members, .... 18 

may require tlie attendance of secretary of tlie 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 held on the Tuesday next after the 

first Monday of November, 4] 

in case of failure to elect, meetmg to be held on the fourth 

Monday of November, 41 

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

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

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

board authorized to divide county into districts, to be certi- 
lied to by the secretary, the 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 

indictment, 15, 16 

Incompatible offices, 31, 36 

"Inhabitant," the word defined, 13 

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

Insolvency, commissioners of, elected by the people of the several 

counties, .44 

Instruction of representatives, 8 



J. 

Judges of courts may not hold certain other offices, . . . . 81, 36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honorable salaries established by 

standing laws, 9, 23, 26 

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

legislature, 26 

not to hold certain other offices, 81 

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

may administer oaths or affirmations, 11 

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



INDEX TO THE CONSTITUTION. 59 

Page 
Judicial officers, appointed liy tlie governor witli consent of coun- 
cil ; nominations to be made seven days prior to appoint- 
ment, 21 

to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

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

of both houses of the legislature, 26 

Jury, trial by, right secured, 7 

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

date of appointment, but may be I'enewed, ... 26 

L. 

Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 

of the legislature, . 9 

Laws, every person to have remedy in, for injury to person or prop- 
erty, 6 

power of suspension or execution of, only in the legislature, 8 

ex post facto, proliibited as unjust and inconsistent with free 

government, 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

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

Legislatm-e (see General Court). 

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

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

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

41, 48 
in the absence of governor, to be president of the council, . 2-J 
to be acting governor when the chair of the governor is 

A'acant, 2i 

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

of both houses, 31 

not to hold certain other offices, 31 

term of office, 37 

Literature and the sciences to be encom-aged, 29 

M. 

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

concurrent vote, 21 

may appomt their aids, 22 



60 INDEX TO THE CONSTITUTION. 

Page 

MaiTiage, divorce and alimony, 27 

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

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

Military power, subordinate to civil authority, 8 

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

limits of the state, 21 

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

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

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

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

by concurrent vote, 21 

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

may appoint officers, 22 

oflBcers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of staff" officers, 22 

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

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

shillings and eightpence per omice, 32 

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

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

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

Moral qualifications for office, 8 

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

address of both houses, 35 

o. 

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

how and by whom taken and subscril^ed, . . . 29, 30, 31, 35 

forms of, 29,30.35 

Quakers may aflBrm, 31, 35, 36 

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

Objects of government, 3, 6 

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- 
gible to, 6 

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

judges 31, 36 

incompatible, 31, 32, 36 

Offlcei's, civil, legislature may provide for the naming and settling 

of, 11 

Officers, commission, tenure of office to be expressed in commis 

sious, 

Officers, judicial, to hold office during good behavior, except, etc., 

may be removed by governor, Avith consent of council, upon 
the address of both houses of the legislature, . 
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, 



26 
26 

26 
33 
21 
22, 35 
5 
22 



P. 

Pai'don 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, & 

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 

Plm'ality 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 incx'eased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, 48 

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



62 INDEX TO THE CONSTITUTION. 

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

force, 32 

Public boards and certain officers to make quarterly reports to the 

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

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

all persons liaving the prescribed qualiflcations equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q. 



Quakers, may make affirmation, 31,35 

Qualification of persons to be elected to office may be increased bj' 

the legislature, 32 

Qualification, property, of governor, abolislied, .... 48 

Qualification, property, partially abolished, 41 

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

of governor, ......... 18,43,48 

of lieutenant-governor 23, 43, 48 

of councillors, .......... 41, 43 

of senators, 15, 40, 46 

of representatives, , . . 16, 41, 45 

of secretary, treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding oflicers of regiments, . 22 

Quorum, of council, 19, 24, 42 

of senate, 16, 46, 48 

of house of representatives, . . . . . . 17, 45, 48 

R. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualiflcations for 

voting or holding office, 44 

Records of the commonwealth to be kept in the office 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, 5, 38 

membership of, defined, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Eeligious worship, public, right and duty of, aud protection therein, i 

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

woi'ship, 4, 5, 38 

Remedies ))y recourse to the law, to be free, complete and prompt, . 6 

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

Returns of votes, 13, 19, 42, 43 

Revision of constitution provided for in the year 1795, ... 33 
Rights, declaration of, i 

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 honorable salary to l)e established for the gov- 
ernor, ........... 23 

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

if not sufficient, 9, 23 

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

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

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

in November, . . . • 25, 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 legislatui'e, filled l)y 

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

vacancy occurring when legislature is not In session, to be filled 
l)y governor, 1>y appointment, with advice and consent of 
council, .......... 35, 43 

not eligible, unless an inha))itant of the state for five years 

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

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

records of commonwealth to be kept in office of , . . . 26 

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 

to certify to board autliorized to divide county into districts, the 

number of representatives to which the county is entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 
Sectarian schools, not to be maintained at public expense, . . 44 
Selectmen, to preside at town meetings, elections, etc., ... 13 

Self-government, right of, asserted, 5 

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

to consist of fortjMnembers, apportioiunent, etc., . . 12,39,46 

to be chosen annually, 13 

governor and at least Ave councillors, to examine and count 

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

to be final judges of elections, returns and qualifications of 

theu" own members, ........ 14 

vacancy to be filled by election, by people of the district, upon 

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

qualifications of a senator, 15, 41 

not to adjourn more than two days at a time, .... 15 
to choose its officers and establish rules, . „ • . . 15 
shall try all impeachments, ....... 15, 17 

quorum of, . . .16, 46, 48 

may punish for cei'taiu oftences ; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputy, ...... 26 

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 

solemn occasions, 26 

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

resolve, at large on records, ...... 10 

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

contain, as near as may be, an equal number of voters, . 46 
apportionment based upon legal voters, ..... 46 

Sheriffs, elected by the people of the several counties, . . . 21, 44 
Silver, value of money mentioned in the constitution to be computed 

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

consent of owner, 9 

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

tax, 48 

Solicitor-general, 21 

Standmg armies, dangerous to liberty and not to be maintained Avith- 

out consent of the legislature, 8 

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

standing laAVS, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc. , Avheu 
required by either branch of the legislature or by the gov- 
ernor and council, 26 

not to hold certain other oflSces, 31,36 

Sureties of bail, excessive, not to be required & 



INDEX TO THE CONSTITUTION. 65 

T. 

Page 

Taxation should be founded on consent, 6, 8 

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

representatives, 8 

may be imposed by the legislature, ...... 12 

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

years, 12 

Tenure that all commission officers shall ])y law have in their offices, 

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

Tests abolislied, 36 

Title of Ijody politic : The Commonwealth of IVIassachusetts, . . 10 

Title of governor to be, — His Excellency, 18 

Title of lieutenant-governor to be, — His Honor, .... 23 

Town clerlv, 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-genei'al, 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 qualified, . 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless an inhabitant of the state for five years 

next preceding election or appointment, .... 43 
no man eligible more 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 the two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 
vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, 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 monej's to be issued from, but upon the warrant of 

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

guaranteed in criminal cases, except in army and navy, . • 7 



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, , . . 27, 28, 47 

Y. 

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

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

be exercised by the council, ....... 25 

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

advice of the council, 42, 47 

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

order of a majority of senators elected, . . . .15,46 
Vacancy in office of secretary, treasurer, auditor and attorney-gen- 
eral, caused by decease of person elected, or failure to 
elect, filled by joint ballot of legislature from the two 
persons having highest number of votes at November 

election, 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, ..... 43 
occurring when legislature is not in session, to be filled by 

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

neglect or refuse to make election, 21,22 

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

least, 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 j^ears 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 hy law from taxation, but in other 
respects qualified, and who can write their 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, . . ... 46 

census of voters to l)e taken in 1865, and every tenth year after, 44, 46 

Votes, returns of 13, 19, 42, 43 

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

Voting precincts in towns, ......... 47 



INDEX TO THE CONSTITUTION. 67 

W. 

Page 
Worship, public, the right and duty of all men, .... 4 

Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 

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

l)y the clerk, 32 

Writing and reading, necessary qualifications for voting, or holding 

office 44 

Y. 

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



ACTS A.ND EESOLVES 



MASSACHUSETTS. 



1894. 



ly The General Court of the year eighteen himdred and ninety-four 
assembled on Wednesday, the third day of January. The oaths of office 
were taken and subscribed by His Excellency Fkederic T. Gkeex- 
HALGE and His Honor Roger Wolcott on Thursday, the fourth day 
of January, iu the presence of the two Houses assembled in convention. 



ACTS 



An Act making appropriations for the compensation and /-^i -i 

TRAVEL OP THE MEMBERS OP THE LEGISLATURE, FOR THE COM- ^ * 

PENSATION of OFFICERS THEREOF, AND FOR EXPENSES IN CON- 
NECTION THEREWITH. 

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

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 
specitied, to wit : — 

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

For travelling expenses of senators, a sum not exceed- Travelling es- 
ing thirty-two hundred dollars. penses. 

For the compensation of representatives, one hundred Representa- 
and eighty thousand seven hundred and fifty dollars. sa\io'n?°™^'^°' 

For travelling expenses of representatives, a sum not Travelling ex- 
exceeding twenty thousand dollars. penses. 

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

For the salaries of the clerks of the senate and house of senate and 
representatives, three thousand dollars each. 

For .the salaries of the assistant clerks of the senate and Assistant 
house of representatives, fifteen hundred dollars each. 

For such additional clerical assistance for the clerks of clerical assist- 

1 » ance. 

the senate and house ot representatives as may be neces- 
sary for the despatch of public business, a sum not ex- 
ceeding three thousand dollars. 

For the salary of the sero-eant-at-arms, three thousand sergeantat- 

, ,, '' ^ ' arms. 

dollars. 

For the salary of the first clerk in the oflSce of the ser- cierk. 
geant-at-arms, twenty-two hundred dollars. 



Acts, 1894. — Chap. 2. 



Doorkeepers. 



PoBtmaster, 
messengers, etc. 



Contingent ex- 
penses. 



Postage, etc., 
on documents. 



Committees, 
witnesses. 



Expenses. 



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

For the compensation of the assistant doorkeepers, 
postmaster, messengers and pa^es to the senate and house 
of representatives, a sum not exceeding twentj^-four thou- 
sand one hundred dollars. 

For contingent expenses of the senate and house of 
representatives, and necessary expenses in and about the 
state house, a sum not exceeding seven thousand dollars. 

For the payment of postage and expressage on docu- 
ments sent to members of the ijeneral court, to include 
expenses incurred in packing the same, a sum not exceed- 
ing fifteen hundred dollars. 

For expenses of summoning witnesses before commit- 
tees, and for fees for such witnesses, a sum not exceeding 
two hundred dollars. 

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

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

Approved January 24,, 1894. 

CllClp, 2 -^^ ^'^'^ MAKING APPROPRIATIONS FOR THE PAYMENT OF STATE 
AND MILITARY AID AND FOR EXPENSES IN CONNECTION THERE- 
WITH. 

Be it enacted, etc., as folloics: 
Appropriations. SECTION 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, 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-four, to wit : — 

For reimbursement to cities and towns for money paid 
on account of state and military aid to Massachusetts vol- 
unteers and their families, a sum not exceeding five hun- 
dred and seventy-five thousand dollars, the same to l)e 
paid on or before the first day of December in the year 
eighteen hundred and ninety-four. 

For postage, printing and other necessary expenses in 
carrying out the provisions of the state and military aid 
laws, a sum not exceeding five hundred dollars. 

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

Approved January 25, 1894. 



State and mill 
tary aid. 



Postage, print- 
ing, etc. 



Acts, 1894. — Chap. 3. 



An Act making appropriations for the maintenance of the n\ni^ 3 

GOVERNMENT FOR THE PRESENT YEAR. 

J5e it enacted, etc., as foUoivs : 

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, 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-four, to wit : — 

EXECUTIVE DEPARTMENT. 

For the compensation of the lieutenant governor, two Lieutenant 
thousand dollars ; and for the executive council, sixty- founcircom. 
four hundred dollars. p^°^""°° 

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

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

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

For the salary of the executive stenographer, a sum not stenographer. 
exceeding one thousand dollars. 

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

secretary's DEPARTMENT. 

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

For the salary of the first clerk in the secretary's de- First cierk. 
partment, twenty-two hundred dollars. 

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

For the salary of the third clerk in the secretary's de- Third cierk. 
partment, eighteen hundred dollars. 

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

For a messenger, and such additional clerical assistance ^jf]''*gg^gnger. 
as the secretary may find necessary, a sum not exceeding 
thirteen thousand dollars. 

TREASURER AND RECEIVER GENERAL'S DEPARTMENT. , 

For the salary of the treasurer and receiver general, Treasurer. 
five thousand dollars. 



6 



Acts, 1894. — Chap. 3. 



First clerk. 
Second clerk. 
Cashier. 
Third clerk. 
Fund clerk. 
Receiving teller. 
Paying teller. 



Clerical assist- 
ance. 



Deputy sealer 
of weights and 
measures, etc. 



First clerk. 



Second clerk. 



Extra clerks. 



Printing expert, 



Attorney-gen- 
eral. 



First assistant. 



Second assist- 
ant. 



Engineer. 



For the salary of the first clerk in the treasurer's de- 
partment, twenty-iive hundred dollars. 

For the salary of the second clerk in the treasurer's de- 
partment, two thousand dollars. 

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

For the salary of the third clerk in the treasurer's de- 
partment, fourteen hundred dollars. 

For the salary of the fund clerk in the treasurer's de- 
partment, fourteen hundred dollars. 

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

For the salary of the paying teller in the treasurer's de- 
partment, fourteen hundred dollars. 

For such additional clerical assistance in the treasurer's 
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, meas- 
ures and balances, twelve hundred dollars. 

auditor's department. 

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

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

For the salary of the second clerk in the auditor's de- 
partment, two thousand dollars. 

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

For the compensation of a state printing expert, a sum 
not exceeding one thousand dollars. 

attorney-general's 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. 

state house, etc. 

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



Acts, 1894. — Chap. 3. 7 

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

For the salary of the sergeant-at-arms' messenger, w^ho sergeantat. 
is detailed and performs sei*vice as messenger to the treas- ge".^' ""'^''*°" 
urer and receiver general, sixteen hundred dollars. 

For the salaries of the two additional messengers to the Additional mes- 
sergeant-at-arms, known as sergeant-at-arms' messengers, '''^°^''"" 
eleven hundred dollars each. 



For the salaries of the fireman at the state house, and ^/yftor^° 



and 



commis- 
sioner. 



fireman and janitor at the Commonwealth building, nine 
hundred dollars each. 

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



COMMISSIONERS AND OTHERS. 

For the salary of the tax commissioner and commis- Tax 
sioner of corporations, thirty-five hundred dollars. 

For the salary of the first clerk in the department of First cierk. 
the tax commissioner, two thousand dollars. 

For the salary of the second clerk in the department of second cierk. 
the tax commissioner, fifteen hundred dollars. 

For such additional clerical assistance as the tax com- ciencai assist- 
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 of'^wngl°°"* 
savings banks, thirty-five hundred dollars. ^^°jj^*' '^^^"' 

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

For the salary of the first clerk of the commissioners First cierk. 
of savings banks, two thousand dollars. 

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

For the salary of the insurance commissioner, thirty- insurance com. 

n 1 1 Tin missioner. 

five hundred dollars. 

For the salary of the deputy insurance commissioner. Deputy insur- 

j_ j_ n 1 "-i 1111 auce commis- 

twenty-five hundred dollars. siouer. 

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

For the salary of the second clerk of the insurance second cierk. 
commissioner, fifteen hundred dollars. 

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

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



8 



Acts, 1894. — Chap. 3. 



Inspector of gas 
meters. 

Assistant 
inspector. 

Commissioners 
of prisons, sec- 
retary. 

Clerical assist- 
ance. 



Agent for aiding 
discharged 
female pris- 
oners. 

Agents. 



Railroad com- 
missioners. 



Clerk. 



Accountant. 



Assayer and 
inspector of 
liquors. 

Bureau of sta- 
tistics of labor, 
chief. 

First clerk. 



Second clerk. 



Extra clerks, 
etc. 



Statistics of 
manufactures. 



Commissioner 
of state aid. 



Clerical assist- 
ance, etc. 



Harbor and land 
commissioners. 



public business, a sum not exceeding sixteen thousand 
live hundred dollars. 

For the salary of the inspector of gas meters, two thou- 
sand dollars. 

For the salary of the assistant inspector of gas meters, 
twelve hundred dollars. 

For the salary of the secretary of the commissioners of 
prisons, twenty-five hundred dollars. 

For clerical assistance in the office of the commissioners 
of prisons, a sum not exceeding twenty-five hundred dol- 
lars. 

For the salary of the agent for aiding discharged female 
prisoners, a sum not exceeding seven hundred and seventy- 
five dollars. 

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

For the salaries of the railroad commissioners, eleven 
thousand dollars. 

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

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

For the salary of the assayer and inspector of liquors, 
twelve hundred dollars. 

For the salary of the chief of the bureau of statistics of 
labor, twenty-five hundred dollars. 

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

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

For such additional clerical assistance and for such ex- 
penses of the bureau of statistics of labor as may be nec- 
essary, a sum not exceeding five thousand dollars. 

For expenses in connection with the annual collection 
of statistics of manufactures, a sum not exceeding sixty- 
five hundred dollars. 

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

For clerical assistance, salaries and expenses of agents, 
and other necessary expenses of the commissioners of state 
aid, a sum not exceeding seven thousand three hundred 
and sixty dollars. 

For the salaries of the harbor and land commissioners, 
sixty-four hundred dollars. 



Acts, 1894. — Chap. 3. 9 

For compensation and expenses of the engineer, for Engineer, etc. 
clerical and other assistance 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 civii 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 commission, a sum not exceeding two thou- 
sand dollars. 

For the salaries of the gas and electric light commis- Gas and electric 
sioners, eight thousand dollars ; and for the compensation sioners ™t"!^' 
and expenses of the clerk, and for clerical assistance of 
said commissioners, a sum not exceeding tw^enty-five hun- 
dred dollars. 

For the salary of the controller of county accounts, controller of 
twenty-five hundred dollars ; and for the salaries of the accounts, etc. 
two deputies of said controller, three thousand dollars. 

For the salaries of the members of the state board of ?°^-'^°L''J'YL 

iiiiLiuLi ciuu con- 

arbitration and conciliation, six thousand dollars; and for ciiiation, etc. 
the salary of the clerk of said board, twelve hundred dol- 
lars. 

For the compensation of the commissioner of foreign commissioner 

or rorGiffD ruort- 

mortgage corporations, three thousand dollars. gagecorpora- 

For the salaries of the Massachusetts highway commis- Highway com. 
sion, six thousand dollars. mission. 

For the salary of the state pension agent, two thousand statue pension 
dollars. 

For the salary of the secretary of the state board of Bt!ae^bo7rd of 
health, three thousand dollars. he&ith. 

For the salary of the commissioner of public records, commissioner 
twenty-five hundred dollars ; and for travelling, clerical records'.*^ 
and other necessary expenses, a sum not exceeding twenty- 
one hundred dollars. 

For the salary of the commissioner appointed to edit ^°^"^pr'(5*viu- 
the provincial laws, two thousand dollars. ciaiiaws. 

For the compensation of the building committee of the Medfieid insane 
Medfield insane asylum, to the first day of July in the Ing "o'mmiitee. 
year eighteen hundred and ninety-four, thirty-two hundred 
and fifty dollars. 

AGRICULTURAL DEPARTMENT. 

For the salary of the secretary of the state board of Roardofagri- 

.' ^ .' culture, secre- 

agri culture, twenty-five hundred dollars. t^ry. 

For the salary of the first clerk of the secretary of the cierks. 



10 



Acts, 1894 — Chap. 3. 



Clerical assist- 
ance, etc. 



State dairy 
bureau. 



Assistant to the 
secretary. 



state board of agriculture, sixteen hundred dollars ; and 
for the salary of the second clerk of said secretary, twelve 
hundred dollars. 

For other clerical assistance in the office of the secretary 
of the state board of agriculture, and for lectures before 
the board at its annual and other meetings, a sum not ex- 
ceeding eight hundred dollars. 

For the salary of the executive officer of the state dairy 
bureau, live hundred dollars. 

For the salary of an assistant to the secretary of the 
state board of agriculture, to assist in the work of the 
state dairy bureau, twelve hundred dollars. 



Board of educa- 
tion, secretary. 



State librarian. 



Clerical assist- 
ance. 



Index to current 
events. 



Books for 
library. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the state 
board of education, thirtj^-four hundred dollars, to be paid 
out of the moiety of the income of the Massachusetts 
school fund applicable to educational purposes. 

For the salary of the state librarian, three thousand 
dollars. 

For such clerical assistance in the state library as the 
trustees and librarian may find necessary, a sum not ex- 
ceeding thirtj^-live hundred dollars. 

For preparing an index to current events, and such 
other matters as may be deemed important by the trustees 
and librarian, contained in the newspapers of the day, a 
sum not exceeding one thousand dollars. 

For the purchase of books for the state library, five 
thousand dollars. 



Adjutant gen- 
eral. 



First clerk. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 



Messenger. 



MILITARY DEPARTMENT. 

For the salary of the adjutant general, thirty-six hun- 
dred dollars. 

For the salary of the first clerk in the adjutant general's 
department, twenty- two hundred dollars. 

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, two thousand dollars. 

For the salaries of th^ 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. 



Acts, 1894. — Chap. 4. 11 

For such additional clerical assistance as the adjutant ciericaiasBist- 

1 1 1 /• J.' ' /;• auce, etc. 

general may deem necessary, and tor compensation ot em- 
ployees at the state arsenal, a sum not exceeding six thou- 
sand dollars. 

For the salary of the surgeon general, twelve hundred g"/,^^°° s*'"- 
dollars. 

For the salary of the state military and naval historian, Military and 
to the twenty-eighth day of May in the year eighteen hun- "^^^i ^^i^torian. 
dred and ninety-four, eight hundred thirt3^-three dollars 
and thirty-three cents : and for clerical assistance and 
other necessary expenses of said historian, six hundred 
twenty-three dollars and thirty-three cents. 

MISCELLANEOUS. 

For the arrangement and preservation of state records Arrangement 

di ,1 T i- i? J.1 j_ £• xi of state records, 

papers, under the direction ot the secretary oi the etc. 

Commonwealth, a sum not exceeding five thousand dol- 
lars. 

For clerical assistance in the office of the treasurer and clerical assiat- 
receiver general, in the care and custody of deposits made urer. 
with him in trust, a sum not exceeding twenty-five hun- 
dred dollars. 

For clerical assistance in the office of the treasurer and ?i®^'f^l^!!if'* 

auco lor irGas- 

receiver general, in connection with the assessment and "^er. 
collection of taxes on collateral legacies and successions, a 
sum not exceeding one thousand dollars. 

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

Approved January 27, 1894. 

An Act making appropriations for incidental and contin- niirir) 4 

GENT EXPENSES OF THE LEGISLATIVE AND EXECUTIVE DEPART- 
MENTS OF THE COMMONWEALTH. 

Se it enacted, etc., asfolloivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to wit : — 

LEGISLATIVE DEPARTMENT. 

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



12 



Acts, 1894. — Chap. 4. 



House of repre- 
sentatives, sta- 
tionery. 



Sergeant-at- 
arius, station- 
ery, etc. 



Incidental ex- 
penses. 



For stationery for the house of representatives, pur- 
chased by the clerk, a sum not exceeding twelve hundred 
dollars. 

For books, stationery, postage, printing and advertis- 
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 
council. 

Secretary of the 
Commonwealth. 



Treasurer and 
receiver general. 



Auditor of the 
Commonwealth, 



Attorney-gen- 
eral. 



State houce, 
repairs, etc. 

Fuel and lights. 



Commouwealih 

buildini;. 



No. 13 Beacon 
street, rent. 



EXECUTIVE DEPARTMENT. 

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

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

For 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 ex- 
ceeding thirty-two hundred and fifty dollars. 

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

For books, stationery, postage, printing and other nec- 
essary 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 eight hun- 
dred dollars. 

STATE HOUSE EXPENSES, ETC. 

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

For fuel and lights for the state house, a sum not ex- 
ceeding seven thousand dollars. 

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

For rent of house numbered thirteen Beacon street, in 



Acts, 1894. — Chap. 5. la 

Boston, for use of certain commissions of the Common- 
wealth, a smn not exceeding fiftj-seven hundred dollars. 

For such repairs as may be necessary, for furniture and Fu™iture, 

, *■ . /. . . '^ ' - - repairs, etc. 

repairs to the same, services or janitor and other necessary 
expenses at house numbered thirteen Beacon street, a 
sum not exceeding three thousand dollars. 

For rent of rooms for the use of the civil service com- civii service 

, , . p , 1 1 T 1 comipisBioners. 

missi oners, a sum not exceeding fourteen hundred and 
fifty dollars. 

For rent of rooms for the use of the bureau of statistics Bureau of eta- 
of labor, and for the services of a janitor, a sum not ex- *'«"°^ °f la^o""- 
ceeding three thousand dollars. 

For rent of rooms for the bureau of statistics of labor, pnt of rooms 
for storage purposes, a sum not exceeding five hundred 
dollars. 

For rent of suitable rooms to be used by the state board heauh'?°'"^ °^ 
of health as a laboratory, a sum not exceeding five hundred 
dollars. 

For rent of rooms for the use of the controller of county controller of 
accounts, a sum not exceeding six hundred and fifty dol- acco^unts. 
lars. 

For rent of rooms for the use of the Massachusetts high- ?[!l^rn''^ '^°™' 
way commission, a sum not exceeding fifteen hundred 
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. 

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

Apirroved February I, 189-1. 



Ax Act making appropkiatioxs for the maixtexance of the 

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



CJicqy. 



Be it enacted., etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are ap- Appropriatioas, 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to wit : — ^ 



u 



Acts, 1894. — Chap. 5. 



Supreme judi- 
cial court, chief 
justice. 

Associate 

justices. 

Clerk. 



Clerical assist- 
auce. 



Expenses. 



Reporter of 
decisions. 



Officers and 
messenger. 



Clerk for 
Suffolk. 



SUPREME JUDICIAL COURT. 

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

For the travelling expenses 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-live 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 
dollars. 

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

For the salary of the clerk of the supreme judicial court 
for the county of Suffolk, fifteen hundred dollars. 



Superior court, 
chief justice. 

Associate 
justices. 



Ex-chief 
justice. 



SUPERIOR COURT. 

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

For the salaries 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, 
judges, Suffolk. 



Middlesex. 



Worcester. 



Essex. 



COURTS OF PROBATE AXD INSOLVENCY. 

For the salaries of the two judges of probate and in- 
solvency for the county of Suiiblk, five thousand dollars 
each. 

For the salar}^ of the judge of probate and insolvency 
for the county of Middlesex, forty-five hundred dollars. 

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

For the salary of the judge of probate and in-solvency 
for the county of Essex, thirty-seven hundred dollars. 

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



Acts, 1894. — Chap. 5. 15 

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

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

For the salary of the judge of probate and insolvency Berkshire. 
for the county of Berkshire, eighteen hundred dollars. 

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

For the salary of the judge of probate and insolvency nampsWre 
for the county of Hampshire, sixteen hundred dollars. 

For the salary of the judge of probate and insolvency Frankun. 
for the county of Franklin, fifteen hundred dollars. 

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

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

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

For the compensation of iudfires of probate and insol- i" case of sick- 

„ ^ . -, /• 1 V 1 • T • i 1 "<^^8 Of vacancy. 

vency actmg tor judges oi probate and insolvency m 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 Register, 
for the county of Suflblk, five thousand dollars. 

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

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

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

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

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

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

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

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

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

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



16 



Acts, 1894. — Chap. 5. 



Barnstable. 



Nantucket. 



Dukes County. 



Assistant 

register, 

Suffolk. 



Middlesex. 



■Worcester. 



Essex. 



Clerk, Suffolk. 



Clerical assist- 
ance, Suffolk. 



Esses. 



Bristol. 



Worcester. 



Hampshire. 



In the several 
counties, except 
Suffolk. 



For the salary of the register of probate and insolvency 
for the county of Barnstable, thirteen hundred dollars. 

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

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

For the salary of the assistant register of pro))ate and 
insolvency for the county of Suftblk, twenty-eight hundred 
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 prolxite 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, twelve 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 exceed- 
ing 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. 

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

For extra clerical assistance to the courts of probate 
and insolvency in the several counties of the Common- 



Acts, 1894. — Chap. 6. 17 

wealth, excepting Suffolk county, a sum not exceeding 
nine thousand dollars. 

For expenses of courts of probate and insolvency, a Espenses. 
sum not exceeding two thousand dollars. 

DISTRICT ATTORNEYS. 

For the salary of the district attorney for Suffolk dis- District attor. 
trict, five thousand dollars. ney, ^u 

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

For the salary of the district attorney for the northern District attor. 
district, twenty-four hundred dollars. du^tri°t!^' '"^° 

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- di's^Hc^t^*'"'^ 
eastern district, twenty-one hundred dollars. 

For the salary of the district attorney for the southern southern 
district, twenty-two hundred dollars. district. 

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

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

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

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

Approved February 5, 1894. 

An Act making appkopriations for certain allowances (Jfiar). 6 

AUTHORIZED BY THE LEGISLATURE. 

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

For expenses in connection with the removal of wrecks obstructions in 
and other obstructions from tide waters, a sum not ex- 
ceeding five thousand dollars. 



18 



Acts, 1894.— Chap. 6. 



Agricultural 

experiraeut 

stalion. 



Agricultural 
college, free 
echolarships. 



Aid to studentB, 
etc. 



School for 
feeble-minded. 



School for the 
blind. 



School superin- 
tendents. 



Inspection of 
food, drugs, etc. 



Extraordinary 
expenses. 



Premiums on 
securities. 



Transportation 
of state publica- 
tions. 



State firemen's 
association. 

Sewage disposal 
for certain cities 
and towns. 



Registered 
pharmacists. 



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 sum of ten 
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 wit : — five 
thousand dollars for the establishment of a labor fund to 
assist needy students of said college, and five thousand 
dollars to provide the theoretical and practical education 
required by its charter and the 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 jNIassachusetts school 
for the blind, the sum of thirty thousand dollars. 

To enable small towns to provide themselves with school 
superintendents, a sum not exceeding forty-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 1)e ex- 
pended under the direction of the governor and council, a 
sum not exceeding tw^enty thousand dollars. 

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

For expenses of transportation of the state publications 
to the free public libraries in this Commonwealth, by the 
secretary thereof, a sum not exceeding five hundred dol- 
lars. 

For the Massachusetts state firemen's association, the 
sum of ten thousand dollars. 

For the cost of maintenance and operation of the system 
of sewage disposal for the cities of Boston, Xewton and 
Waltham, and the towns of Brookline and AVatertown, 
for the year eighteen hundred and ninety-four, a sum not 
exceeding twenty-seven thousand dollars. 

For expenses in connection with carrying out the law 
relative to complaints against registered pharmacists, a 
sum not exceedino; two thousand dollars. 



Acts, 1894. — Chap. 7. 19 

For certain improvements at the state almshonse at ars^atJaTmr^ 
Tewksbury, a sum not exceeding seventy-five thousand house. 
dollars, beinij in addition to the seventy-five thousand 
dollars appropriated hy chapter three hundred and twenty- 
nine of the acts of the year eighteen hundred and ninety- 
three. 

For the enlargement and repair of the state lunatic Northampton 
hospital at Northampton, a sum not exceeding twenty- "^"^ ^° °^^"'^ * 
five thousand dollars, being in addition to the twenty-five 
thousand dollars a})propriated by chapter four hundred 
and fifteen of the acts of the year eighteen hundred and 
ninety-three. 

For repairs and improvements at the state lunatic hos- Worcester 
pital at Worcester, a sum not exceeding twenty-five thou- "°^'"^ "^^''^ " 
sand dollars, being in addition to the twenty thousand 
dollars appropriated by chapter four hundred and fifteen 
of the acts of the year eighteen hundred and ninety-three. 

For the purpose of erecting a new normal school build- New no™ai 
ing in the city of Salem, a sum not exceeding one hundred at saiem. 
and fifty thousand dollars, being in addition to the fifty 
thousand dollars appropriated hy chapter four hundred 
and fifteen of the acts of the year eighteen hundred and 
ninety- three. 

For certain equipments, buildings and repairs at the Agricultural 
^Massachusetts agricultural college, in the town of Am- °° ®^^' 
herst, a sum not exceeding twenty-three thousand eight 
hundred dollars, lieing in addition to the fifteen thousand 
dollars appropriated by chapter four hundred and eighty 
of the acts of the year eighteen hundred and ninety-three. 

For building an asylum for the chronic insane, in the Medfleid insane 
town of Medtield, a sum not exceeding one hundred and '"^^ "™' 
fifty thousand dollars, the same to be in addition to the 
amounts heretofore appropriated. 

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

Approved February 5, 1894. 



An Act making appropriations for the prison and hospital 

LOAN sinking FUND, STATE HOUSE LOAN SINKING FUND, 1901, 
AND STATE HOUSE CONSTRUCTION LOAN SINKING FUND. 



Chap. 



Be it enacted., etc., as follows : 

Section 1. The sums hereinafter mentioned arc ap- Appropriations. 
propriated, to be piaid out of the treasury of the Com- 



20 Acts, 1894. — Chap. 8. 

monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 
hoiplt'anoan ^or tiie prison and hospital loan sinking fund, as pro- 

Binking fund, yided for in chapter two hundred and fifty-five of the acts 
of the year eighteen hundred and eighty-four, the sum of 
sixty thousand dollars. 
Mnking7und°*° ^o^' ^^^ ^tate housc loan sinking fund, due in the year 
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, forty-five thousand dollars. 
^mcth)°ir^oan°'^" For the state house construction loan sinking fund, as 
sinking fuDd. provided for in section eight of chapter three hundred 
and ninety-four of the acts of the year eighteen hundred 
and eighty-nine, being the estimate of the treasurer and 
receiver general, the sum of ninety-two thousand thirty- 
eight dollars and sixty-five cents. 

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

Approved February 3, 1894. 



Chap. 8 -^^ -^CT MAKING APPROPRIATIONS FOR SUNDRY AGRICULTURAL 

EXPENSES. 

Be it enacted^ etc., cn^foUovs: 

Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, to meet sundry 
agricultural expenses for the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-four, to wit : — 

Agricultural Yov l)ounties to aofricultural societies, a sum not exceed- 

Booieties, ^ -^ C ' 

bounties. jng tweiitv-one thousand dollars. 

agriculture. For travelling and other necessary expenses of the 

expenses of members of the state board of a2:riculture, a sum not ex- 
members. . 1 1 1 1 11 ■ 
ceedmg nmeteen hundred dollars. 

For incidental and contingent expenses of the state 

board of asriculture, a sum not exceeding seven hundred 

dollars. 

S^?lt°a^ry.°^ For travelling and other necessary expenses of the sec- 

retar}^ of the state board of agriculture, a sum not exceed- 
ing five hundred dollars. 

kTstitutel Yov disseminating useful information in agriculture, by 

means of lectures at farmers' institutes, a sum not exceed- 
ing eighteen hundred and fifty dollars. 



Incidental 
expenses. 



Acts, 1894. — Chap. 9. 21 

For travellinsr and other necessary expenses of the Agricultural 

^r 1 - ^l 111 college, trus- 

trustees ot the Massachusetts agricultural college, a sum tees. 
not exceeding eight hundred dollars. 

For assistants, experts, chemists, assents and other nee- state dairy 

■*■ -^ bureau. 

essary expenses of the state dairy bureau, a sum not ex- 
ceeding four thousand dollars. 

For "purchasing nails or spikes to be driven into certain fiJ'^^|7r^g^^°efc, 
trees designated l)y 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 pur]:)ose of exterminating contagious diseases contagious dis- 

11 ^ <D o eases among 

among horses, cattle and other animals, a sum not exceed- animals. 
ing ten thousand dollars. 

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

Approved Februar>/ o, 1894. 

An Act making appropriations for incidental, contingent f^L^jj Q 

AND MISCELLANEOUS EXPENSES OF THE VARIOUS COMMISSIONS ^ 

OF THE COMMONWEALTH. 

Be it enacted,, etc.,, as foUovs : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to wit : — 

COMMISSIONERS AND OTHERS. 

For incidental and contingent expenses of the tax com- Tax commis- 
missioner and commissioner of corporations, a sum not ^'°°"- 
exceeding thirty- four hundred dollars. 

For expenses of the state valuation, under the direction state valuation. 
of the tax commissioner, a sum not exceeding three thou- 
sand dollars. 

For travelling and incidental expenses of the commis- commissioners 
sioners of savings banks, a sum not exceeding thirty-three bankl!"^* 
hundred dollars. 

For incidental and contingent expenses in the depart- insurance com- 

, n ,^ ' •' ' I T missioner. 

ment or the insurance commissioner, a sum not exceeding 
three thousand dollars. 

For travelling and other necessary expenses of the har- Harbor and land 
bor and land commissioners, a sum not exceeding six hun- <=<>™'"'»8ionerB. 
dred dollars. 



22 



Acts, 1894. — Chap. 9. 



Incidental 
expenses. 



Railroad 
commissioners. 



Rent, messen- 
ger, etc. 



Incidental 
expenses. 



Gas and electric 
light commis- 
sioners. 



Inspector 
and assistant 
inspector of 
gas meters. 



Controller of 

county 

accounts. 



Civil service 
commissioners. 



State board of 
arbitration and 
conciliation. 



State board of 
health. 



State pension 
agent. 



Deputy sealer 
of weights, 
measures and 
balances. 



For incidental and contingent office expenses of the 
harljor and land commissioners, a sum not exceeding 
eight hundred dollars. 

For the compensation of experts or other agents of the 
hoard of raih'oad commissioners, a sum not exceeding 
thirty-eight hundred dollars. 

For rent of office, care of office and salary of messenger 
for the board of railroad commissioners, a sum not exceed- 
ing thirty-one hundred dollars. 

For books, maps, statistics, stationery, incidental and 
contingent expenses of the l)oard of railroad commission- 
ers, a sum not exceeding two thousand dollars. 

For travelling and incidental expenses of the gas and 
electric light commissioners, a sum not exceeding two 
thousand dollars. 

For travelling and incidental expenses of the inspector 
and assistant inspector of gas meters, a sum not exceeding 
six hundred and fifty dollars ; and for such additional 
apparatus as the inspector of gas meters may find neces- 
sary, a sum not exceeding two hundred and fifty dollars. 

For travelling and office expenses of the controller of 
county accounts, a sum not exceeding fifteen hundred 
dollars. 

For clerical assistance, expenses of examinations, print- 
ing of civil service rules and regulations and other infor- 
mation for the use of applicants, printing, advertising and 
stationery, care of office, and rent of room for registration 
of laborers, travelling and incidental expenses of the chief 
examiner, commissioners and secretary, a sum not exceed- 
ing nine thousand dollars. 

For travelling, incidental and contingent expenses of 
the state board of arbitration and conciliation, a sum not 
exceeding forty-six hundred dollars, which shall include 
the compensation of expert assistants. 

For the general work of the state board of health, in- 
cluding all necessary travelling expenses, a sum not ex- 
ceeding 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 expenses of the deputy sealer 
of weights, measures and lialances, a sum not exceeding 
five hundred dollars ; and for furnishing sets of standard 
weights, measures and Imlances to towns not heretofore 



Acts, 1891. — Chap. 9. 23 

provided therewith, and to each newly incorporated town, 
also to provide cities and towns with such portions of said 
sets as may be necessary to make their sets complete, a 
sum not exceeding six hundred dollars. 

For clerk hire, rent, janitor, gas, printing, postage, commissioner 
travelling and incidental expenses of the commissioner ga/ecor^po™?"^'' 
for the supervision of foreign mortgage corporations, a *'°"^" 
sum not exceeding twenty-live hundred and twenty dol- 
lars. 

For compensation and expenses of the ballot law com- Baiiot law com- 
mission, a sum not exceeding fifteen hundred dollars. 

For clerk hire, engineers, and for defraying expenses Highway com. 
incidental to and necessary for the performance of the ™^*"°°- 
duties of the Massachusetts highway commission, the sum 
of two thousand dollars. 

For necessary assistants, the procuring of necessary Assistants, etc. 
supplies, instruments, material, machinery and other prop- 
erty for the use of the Massachusetts highway commission, 
a sum not exceeding five thousand dollars. 

MISCELLANEOUS. 

For the salary of the assistant register of probate and ^r of p?obat^'^" 
insolvencv for the county of Franklin, the sum of five and insolvency, 

,,,',,, '' ' Franklin 

hundred dollars. county. 

For such expenses as the treasurer and receiver general Treasurer and 

i , . . . & receiver gen- 

may find necessary m carrying out the provisions of the erai. 

act imposing a tax on collateral legacies and successions, 

a sum not exceeding five hundred dollars. 

For expenses in connection with taking evidence given Evidence at 
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 money™o^cer. 
receivers of certain insolvent corporations, after the same *^'° insolvent 

• T • 1 I' \ /~i corporations. 

have been deposited in the treasury or the Commonwealth, 
a sum not exceeding three thousand dollars. 

To carry out the provisions of the act relative to the Funds received 
payment from the treasury of the Commonwealth of funds administrators. 
received from public administrators, a sum not exceeding 
four thousand dollars. 

For contingent expenses of the bureau of statistics of uglics onVbor 
lal3or, to be expended under the direction of the sergeant- contingent 
at-arms, a sum not exceeding five hundred dollars. 

For exjienses incurred in the construction and repair Ro^ds in 

'■ •*■ Masnpee. 



24 Acts, 1894. — Chaps. 10, 11. 

of roads in the town of ]Mashpee durino; the year eighteen 
hundred and ninety-three, the sum of three hundred dol- 
Lars. 
Beach Point YoY assistauce to the town of Truro in maintainino- a 

road in Truro. . .. i^i i t»it-»'ji 

section ot its county highway, known as iieach i^onit road, 
a sum not exceeding five hundred dollars. 

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

Approved Februar>/ 3, 1894. 

GllClV- 10 ^^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 

OK THE DISTRICT POLICE. 

He it enacted^ etc., as folloivs : 

Appropriations. Section 1. The suiiis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses of the district police during the 
year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-four, to wit : — 

Chief of district J'or the Salary of the chief of the district police, a sum 

DOllCC* 

not exceeding twenty-five hundred dollars. 

First clerk. for the Salary of the first clerk in the office of the chief 

of the district ])olice, the sum of fifteen hundred dollars. 

Second clerk. For the Salary of the second clerk in the office of the 

chief of the district police, the sum of one thousand dollars. 

District police. Yov the compcusatiou of the thirty-seven members of 
the district police, a sum not exceeding fifty-three thou- 
sand nine hundred and forty dollars. 

Travelling YoY travelling expenses actually paid by members of 

expenses. ^^^ disti'ict policc, a sum not exceeding twenty thousand 

eight hundred dollars. 

Incidental YoY incidental, contingent and office expenses of the 

chief and members of the district police, a sum not ex- 
ceeding two thousand dollars. 

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

Approved Februar>j 5, 1894. 

Chcin. 11 -^^ -^^^ MAKING APPROPRIATIONS FOR PRINTING AND BINDING 
PUBLIC DOCUMENTS, PURCHASE OF PAPER, PUBLISHING LAWS 
AND PREPARING TABLES AND INDEXES RELATING TU THE STAT- 
UTES. 

Be it enacted, etc., as foHoios : 
Appropriations. Section 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 



Acts, 1894. — Chap. 11. 25 

monwealth from the ordinary reyenue, for the purposes 
specified, to Dicet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to wit : — 

For printing and binding the series of public docu- Printing and 
ments, under the direction of the secretary of the dMumln^u!''"' 
Commonwealth, a sum not exceeding fifty-five thousand 
dollars. 

For printing the pamphlet edition of the acts and Acts and 

•*■ ^ -*■■*- r6 solves. 

resolves of the present year, for distribution in the Com- 
monwealth, a sum not exceeding thirty-five hundred dol- 
lars. 

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

For printing and binding the blue book edition of the Buie book 
acts and resolves of the present year, with the governor's 
message and other matters in the usual form, a sum not 
exceeding fifty-five hundred dollars. 

For the newspaiDcr publication of the general laws and Pu'^iication of 

t , ^ o geuerai laws, 

all information intended for the public, a sum not exceed- etc. 
ing five hundred dollars. 

For reports of decisions of the supreme judicial court. Reports of 
to be furnished to each newly incorporated tow^n l)y the eup4Te^judi- 
secretary of the Commonwealth, a sum not exceeding five niBhedlo'towus. 
hundred dollars. 

For assessors' books and blanks furnished cities and Assessors' 

11 /• 1 /- 1 11 books and 

towns by the secretary of the Commonwealth, a sum not blanks. 
exceeding one thousand dollars. 

For registration books and blanks, indexing returns Registration 
and editing the registration report, a sum not exceeding °° *' ^ ^' 
twenty- five hundred dollars. 

For the purchase of paper for the Commonwealth, used p^^^[J°'' *'"''^ 
in the execution of the contract for the state printing, 
under the direction of the secretary of the Commonwealth, 
a sum not exceeding twenty-seven thousand dollars. 

For printing and distributing at the public expense Ballots. 
ballots cast at elections for national, state, district and 
county officers, in the cities and towns in the Common- 
wealth, a sum not exceeding ten thousand dollars. 

For blank forms for town officers, and for laws and ^''^"'^' fo™«' 

. . . . -, etc. 

instructions on all matters relating to elections, to be 
provided by the secretary of the Commonwealth, a sum 
not exceeding one thousand dollars. 

For furnishing cities and towns with ballot boxes, a Baiiot boxes. 
sum not exceedino; two thousand dollars. 



26 



Acts, 1894. — Chap. 12. 



Repairs, im- 
provements and 
inspection. 



Blanks to regis- 
trars of voters. 



Publication of 
early laws. 



Manual. 



Printing and 
binding, senate 
and house. 



Tables and 
indexes to 
statutes. 



For repairs, improvements in and inspection of ballot 
boxes in the possession of the several cities and towns 
of the Commonwealth, a sum not exceeding five hundred 
dollars. 

For furnishing suitable blanks to registrars of voters, 
by the secretary of the Commonwealth, a sum not exceed- 
ing five hundred dollars. 

For collating, indexing and publishing, in a style simi- 
lar to that in which the blue ])ooks, 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 five thousand dol- 
lars. 

For printing and l)inding the manual of the general 
court, under the direction of the clerks of the senate and 
house of representatives, a sum not exceeding three thou- 
sand dollars. 

For printing and binding ordered by the senate and 
house of representatives, or b}^ concurrent order of the 
two Ijranches, a sum not exceeding twenty-five thousand 
dollars. 

For the preparation of tallies and indexes relating to 
the statutes of the present and previous years, under the 
direction of the governor, a sum not exceeding five hun- 
dred dollars. 

Sectiox 2. This act shall take eft'ect upon its passage. 

Approved Februar*/ 3, 1894. 



VllClD 12 ^^ ^^"^ MAKING APPROPRIATIOXS FOR SALARIES AND EXPENSES 
AT THE REFORMATORY PRISON FOR WOMEN AT SHERBORN. 

Be it enacted, etc., asfoUoics: 
Appropriations. Sectiox 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the reformatory prison for 
women, at Sherborn, during the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to wit : — 

For the payment of salaries and wages at the reforma- 
tory prison for women, at Sherl)orn, a sum not exceeding 
twenty-four thousand dollars ; and for other current ex- 
penses of said institution, a sum not exceeding thirty-two 
thousand dollars. 



Reformatory 
prison for 
women. 



Acts, 1894. — Chaps. 13, 14. 27 

For the town of Framingham, toward the annual ex- sewage 
pense of maintaining and operating the system of sewage 
disposal at the reformatory prison for women, the sum of 
six Iiundred dollars. 

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

Approved February 5, 1894. 

An Act to change the name of the boston home for aged (JJki^j^ ^3 
and infirm hebreavs and orphanage. 

Be it enacted, etc., as follows: 

Section 1. The name of the Boston Home for Aged Name changed. 
and Infirm Hebrews and Orphanage is hereby changed 
to The Leopold Morse Home for Infirm Hebrew^s and 
Orphanage. 

Section 2. All devises, bequests, conveyances and ^eTuests, etc. 
gifts heretofore or hereafter made to said corporation, by 
either of said names, shall vest in Tlie Leopold Morse 
Home for Infirm Hebrew^s and Orphanage. 

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

Approved February 3, 1894. 

An Act in relation to the time of payment of the funded nij^.^-, 14. 

DEBT OF THE CITY OF CHELSEA. -^ * 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Chelsea, in accordance with ^oddl^Ttc "^"^ 
the provisions of section one of chapter two hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-one, may issue new bonds, notes or scrip fi-om 
time to time as the outstanding bonds, notes or scrip 
which shall then constitute the remainder of its funded 
indebtedness, not including however the indebtedness 
incurred under the provisions of section five of chapter 
twenty-nine of the Pu])lic Statutes, shall severally mature, 
for the purpose of providing for the payment of the same ; 
and may make said bonds, notes or scrip so issued as 
aforesaid, with renewals of the same, if any, payable on 
any day not later than the thirty-first day of December in 
the year nineteen hundred and eleven ; and shall at the sinking fund. 
time of said issue establish a sinking fund and contribute 
thereto from year to year an amount, raised annually ];)y 
taxation, sufficient wath its accumulations to pay said 
bonds, notes or scrip so issued as aforesaid, on the thirty- 



28 



Acts, 1894. — Chaps. 15, 16. 



1SS5, 31-2, to 
remain in force, 



Repeal. 



year eighteen hundred and 



first day of December in the year nineteen hundred and 
eleven. 

Section 2. Nothing herein contained shall exempt 
the said city from the provisions of chapter three hundred 
and twelve of the acts of the 
eighty-five, except as hereinbefore provided 

Section 3. Section two of chapter two hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-one and chapter three hundred and seventy-six of 
the acts of the year eighteen hundred and ninety-two are 
hereby repealed. 

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

Approved February 3, 1894. 



Court house in 
Dedbam. 



Chap. 15 ^^ -'^CT TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE 
COUNTY OP NORFOLK TO BORROW MONEY FOR THE PURPOSE OF 
COMPLETING THE COURT HOUSE IN DEDHAM. 

Be it enacted, etc.., as foUoivs : 

Section 1. The county commissioners of the county 
of Norfolk are hereby authorized to borrow on the credit 
of said county, or raise by taxation, a sum not exceed- 
ing one hundred and twenty-five thousand dollars, and 
expend the same for the purpose of completing the court 
house in Dedham, in said county ; this sum being in addi- 
tion to that authorized by chapter eighty-six of the acts 
of the year eighteen hundred and ninety-two. 

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

Approved February 5, 1894. 



CllCtn. 16 ^^ ^*^'^ RELATIVE TO THE ELECTION OF SURVEYORS OF HIGHWAYS. 

Be it enacted^ etc., as foUoics : 

Section 1. Section two hundred and sixty-six of chap- 
ter four hundred and seventeen of the acts of the year 
eighteen hundred and ninety-three is hereby amended 
l\y adding at the end of the nineteenth line thereof, the 
words : — if the town shall vote so to do, — so as to read 
as follows : — Section 266. Every town at its annual 
meeting shall in every year, except as is otherwise pro- 
vided in sections two hundred and sixty-seven, two hun- 
dred and sixty-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 



1893, 417, § 266, 
amended. 



Annual meet- 
ings, officers to 
be chosen. 



Acts, 1894 — Chap. 17. 29 

following named town officers, who shall, unless so other- 
wise provided, 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, if the town shall 
vote so to do ; 

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 commissioners ; 

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 town shall likewise at its annual meeting or at a 
meeting held in the same month in which the annual 
meeting occurs, choose members 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 person shall overseers of the 

-,.... -, poor, ses. 

be ineligible for the office by reason of sex. 

A person chosen auditor shall hold no other town office. Auditor to hold 
Section 2. This act shall take effect upon its passage. 

Approved February 5, 1894. 

An Act relative to the powers and duties of certain town Qfinr^^ 17 

OFFICERS. 

3e it enacted, etc., as follows : 

Section 1. Section twenty-five of chapter four hun- isgs, 423, § 25, 
dred and twenty-three of the acts of the year eighteen 
hundred and ninety-three is hereby amended by inserting 
after the word "commissioners", in the second line, the 



30 



Acts, 1894. — Chap. 18. 



Superintendent 
of streets, ap- 
pointment, etc. 



Removal. 



Vacancy. 



words: — or surveyors of highways, — so as to read as 
follows : — Section. 25. In a town which shall not choose 
road commissioners or surveyors of highways, in accord- 
ance with the provisions of law, the selectmen shall, as 
soon after the annual town meeting as may be, appoint a 
suitable person to be a superintendent 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 selectmen may determine, 
and shall hold office until the next annual town meetino; 
and until his successor is appointed and qualified, unless 
the provisions of law for the appointment of road commis- 
sioners shall have ceased to lie operative in such town. 

The superintendent of streets may be removed from 
office hj 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 ajipoint 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. 

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

Approved February 5, 1894. 



Clicqj. 18 



Stone Institute 
incorporated. 



May take and 
hold property. 



Ax Act to ixcorpoeate the stone institute. 
Be it enacted., etc., as foUoics : 

Section 1. Spencer W. Kichardson, Charles A. Rand 
and their successors, are hereby made a corporation by 
the name of the Stone Institute, for the purpose of com- 
fortably supporting aged and respectable men and women 
in indigent circumstances ; with all the powers and privi- 
leges and subject to all the duties, liabilities and re- 
strictions set forth in all general laws which now are or 
hereafter may be in force applicable to such corporations, 
so far as the same are applicable to the corporation hereby 
created. 

Section 2. The said corporation shall have power to 
take and hold the property, personal and real, given by 
Joseph L. Stone, late of Xewton, deceased, by his last 
will and testament, for the purpose of establishing and 
maintaining a home for the support of aged and respecta- 
ble men and women in indio;;ent circumstances, and shall 



Acts, 1894. — Chap. 19. 31 

hold and administer said property for the charitable uses 
mentioned in said will. 

Section 3 . Said corporation shall have power, for the Real and per- 
purposes aforesaid, to take and hold by purchase, grant, 
gift or devise, real and personal estate to the value of one 
hundred thousand dollars each. 

Section 4. The members of said corporation shall ^embeisMp. 
have power to fill any vacancies occurring in the meml)er- 
ship by death, resignation or otherwise. If at any time 
there is no member of said corporation, the judge of pro- 
bate for the county of Middlesex shall appoint some fit 
person to be a member thereof, and such person shall 
when appointed fill the other vacancy in the membership. 

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

Approved February 8, 1894. 

An Act keducixg the charges and fees for valuation of HI^qj^ IQ 
life insurance policies. ^ ' 

Be it enacted, etc., as folloivs : 

Section 1. Section fifteen of chapter two hundred ^^^^^^^g^- § ^^• 
and fourteen of the acts of the year eighteen hundred and 
eighty-seven is hereby amended l)y striking out the word 
"five", in the third line, and inserting in place thereof 
the words : — two and one half, — so as to read as fol- 
lows : — Section 15. He shall collect and pay into the Fees for valuing 
treasury charges and fees as follows : for valuation of life ' ''p°'"^^'^"=- 
policies, two and one half mills for each thousand dollars 
of insurance ; for each examination of a domestic com- 
pany's qualification to transact business, thirty dollars ; 
of each foreign company for filing copy of charter or deed 
of settlement, thirty dollars, and for filing statement with 
application for admission and for each annual statement, 
twenty dollars ; for each license to procure fire insurance 
in unauthorized foreign companies, twenty dollars annu- 
ally ; for each certificate to insurance broker, ten dollars ; 
for each certificate or renewal thereof to an insurance 
agent, two dollars ; for each certificate of the valuation of 
the policies of any life insurance company and for each 
certificate of the examination, condition or qualification 
of an insurance company, two dollars ; for each service 
of lawful process upon him as attorney, two dollars ; for 
each copy of any paper on file in his office, twelve cents a 
page and one dollar for certifying the same ; and all other 



32 Acts, 1894. — Chaps. 20, 21, 22. 

Charges!"*''"'' f<^68 and charges due and payable into the treasury for 
any official act or service of the commissioner. 

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

Approved February 8, 1894. 

Chcip. 20 -A.N Act making an appropkiation for the abolition of grade 

CROSSINGS LOAN SINKING FUND. 

Be it enacted, etc., as foUoivs : 
Appropriation. Section 1. The sum hereinafter mentioned is ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purpose 
specified, to wit : — 
'!ty°Al^}.?.L^L„. For the abolition of grade crossings loan sinking fund, 
loan sinking j^g providcd for in chapter four hundred and twenty- four 
of the acts of the year eighteen hundred and ninety-three, 
being the estimate of the treasurer and receiver general, 
the sum of ten thousand six hundred and ninety-five dol- 
lars and thirty-six cents. 

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

Approved Febrtiary 9, 1894. 

Chav. 21 ^^ ^'^'^ making appropriations for salaries and expenses 

AT THE state PRIMARY SCHOOL AT MONSON. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The suuis hereinafter mentioned are ap- 
propriated, to 1)6 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 3'ear ending on the thirty-first day of 
December in the year eighteen hundred and ninety-four, 
to wit : — 
State primary Yov the payment of salaries, wages and laljor at the 
MoDson. state primary school at Monson, a sum not exceeding 

eighteen thousand dollars ; and for other current expenses 
at said institution, a sum not exceeding thirty-one thou- 
sand dollars. 

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

Approved February 9, 1894. 

Chav 22 -^^ ^'^'^ MAKING APPROPRIATIONS FOR EXPENSES IN CONNECTION 
WITH THE PRISONS OF THE COMMONWEALTH AND CERTAIN 
OTHER REFORMATORY EXPENSES. 

Be it enacted, etc., asfoUotvs: 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 



Acts, 189i. — Chap. 23. 33 

mon 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-four, to wit : — 

For travelling expenses of the commissioners of prisons, commissioners 

T p . , . 1 j_ i> • 1 • • of prisons, trav- 

and 01 the secretary and agents oi said commissioners, a eiiing expenses. 
sum not exceedino" twentv-five hundred dollars. 

For incidental and contingent expenses of the commission- incidental 
ers of prisons, a sum not exceeding twelve hundred dollars. ^^p®°®^^" 

For expenses incurred in removing prisoners to and ?l®'"°'1';1°* 

1 , o 1 ^ prisoners. 

from state and county prisons, a sum not exceeding nine 
hundred dollars. 

For aiding prisoners discharged from the Massachusetts Aiding dis- 
reformatory at Concord, a sum not exceeding five thou- onerif ^"*' 
sand dollars. 

For the salary of the agent for aiding prisoners dis- Agent for aid- 
charged from the state prison at Boston, the sum of one prfsone'rs!'^^^ 
thousand dollars ; and for expenses of said agent, a sum 
not exceeding three thousand dollars, to be used in ren- 
dering assistance to said prisoners. 

For expenses of the agent for aiding female prisoners Agent for aid- 
discharged from the prisons of the Commonwealth, includ- femafe p^s?^ 
ing assistance rendered to said prisoners, a sum not ex- °'^^''^' 
ceeding three thousand dollars. 

For travelling and other necessary expenses of the a.'^i^^reTor'^^'^^ 
trustees of the state primary and reform schools, a sum schools, trus. 
not exceeding one thousand dollars. 

For the support of Sarah J. Robinson, a prisoner in sarah j. Robin. 
the jail at Lowell in the county of Middlesex, a sum not ^°°' 
exceeding four hundred dollars. 

For the compensation of probation ofiicers, as author- Probation oaa- 
ized by section seven of chapter three hundred and *'^'*' 
fifty-six of the acts of the year eighteen hundred and 
ninety-one, a sum not exceeding six hundred dollars. 

For expenses incurred in the arrest of fugitives from Arrest of fugi- 
justice, a sum not exceeding two thousand dollars. 

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

Approved February 9, 1894. 

Ax Act making appropriations for deficiencies in appro- (J]i(m, 23 

PRIATIONS FOR CERTAIN EXPENSES AUTHORIZED IN THE YEAR 
EIGHTEEN HUNDRED AND NINETY-THREE. 

Be it enacted^ etc., as follows : 

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



34 



Acts, 1894. — Chap. 23. 



State and milir 
tary aid. 

Aiding dis- 
charged female 
prisoners. 

Amending laws 
on taxation. 



Probation oflS- 
cers. 

School for fee- 
ble-minded. 

Registration 
books and 
blanks. 

Secretary, inci- 
dental expenses. 



Printing gen- 
eral laws. 



Reports of 
decisions of 
supreme judi- 
cial court. 
Highway 
commission. 

Lyman school 
for boys. 



Index to agri- 
cultural reports, 



Surgeon gen- 
eral. 



Agricultural 
college, trus- 
tees. 



Printing blue 
book. 



Military and 
naval historian. 



Deaf pupils. 



State industrial 
school. 



mon wealth from the ordinary revenue, for the payment 
of certain expenses in excess of appropriations therefor 
in the year eighteen hundred and ninety-three, to wit : — 

For postage, printing and stationery on account of state 
and military aid, thirty-three dollars and fifty-eight cents. 

For aiding discharged female prisoners, two hundred 
sixteen dollars and thirty-seven cents. 

For printing the report of the committee on amending 
the laws relative to taxation, two hundred thirty dollars 
and seventy-four cents. 

For the compensation of probation officers, one hundred 
sixty-six dollars and sixty-six cents. 

For the Massachusetts school for the feeble-minded, 
three hundred ninety-one dollars and sixty-six cents. 

For registration books and blanks, four hundred forty- 
six dollars and two cents. 

For incidental expenses in the office of the secretary of 
the Commonwealth, four hundred twenty-nine dollars and 
seventy cents. 

For printing general laws, five hundred sixty dollars 
and thirty-nine cents. 

For reports of decisions of the supreme judicial court, 
seven hundred and twelve dollars. 

For rent for the Massachusetts highway commission, 
six hundred and twenty-five dollars. 

For expenses at the Lyman school for boys, six hundred 
eighty-eight dollars and sixty cents. 

For printing a synoptical and analj^ical index to the 
agricultural reports, three hundred ninety-three dollars 
and thirty-six cents. 

For contingent expenses of the surgeon general, two 
hundred eighty-seven dollars and seventy-seven cents. 

For travelling expenses of the trustees of the Massa- 
chusetts agricultural college, one hundred seventy-seven 
dollars and seventy-two cents. 

For printing the blue book, nine hundred seventy-three 
dollars and ninety-six cents. 

For expenses of the state military and naval historian, 
eighty-seven dollars and twenty-eight cents. 

For education of deaf pupils, seventeen hundred sixty- 
five dollars and forty-three cents. 

For expenses at the state industrial school for girls, 
fourteen hundred thirty-nine dollars and eighty-seven 
cents. 



Acts, 1894. — Chap. 24. 35 

For expenses at the state farm at Brid2:e water, twenty- state farm. 
eight hundred ninety-six dollars and twenty cents. 

For printing and binding for the senate and house, ^^j^|^°^^°^ 
ordered by the clerks of the two branches, thirty-eight and house. 
hundred thirteen dollars and thirty-live cents. 

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

j!i2:)proved February 10^ 1894. 

An Act making appkopkiations for sundry educational (J]iQYf^ 24 

EXPENSES. 

Be it enacted, etc., as foUoics : 

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, 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-four, to wit : — 

For the support of state normal schools, including an state normal 
accountant, and ceiiain other expenses of the boarding 
houses at Bridgewater, Framingham and AYestfield, a sum 
not exceeding one hundred and ten thousand dollars, to 
be paid out of the moiety of the income of the Massa- 
chusetts school fund applicable to educational purposes, 
and the excess, if any, from the treasury of the Common- 
wealth. 

For the support of the state normal art school, a sum state normal 
not exceeding eighteen thousand five hundred dollars, to 
be paid out of the moiety of the income of the Massachu- 
setts school fund applicable to educational purposes, and 
the excess, if any, from the treasury of the Common- 
wealth. 

For expenses of teachers' institutes, a sum not exceed- i^gtftutes'. 
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 ^ 
not exceeding three hundred dollars, to be paid out of the ations. 
moiety of the income of the Massachusetts school fund 
applicable to educational purposes. 

For the Massachusetts teachers' association, the sum of J^achers^aeBoci- 
three hundred dollars, to be paid out of the moiety of the ation. 
income of the Massachusetts school fund applicable to 
educational purposes, subject to the approval of the state 
board of education. 



36 



Acts, 1894. — Chap. 25. 



Board of educa- 
tion, agents. 



Secretary. 



Dukes County 

educational 

association. 

Aid to pupils in 
normal schools. 



Board of educa- 
tion, members. 



Education of 
deaf pupils. 



Free public 
libraries. 



State library. 



Income of 
certain funds 



For the salaries and expenses of agents of the state 
board of education, a sum not exceeding nineteen thou- 
sand eight hundred and twenty-five dollars. 

For incidental and contingent expenses of the state 
board of education, and of the secretary thereof, a sum 
not exceeding eighteen hundred dollars. 

For the Dukes County educational association, the sum 
of fifty dollars. 

For aid to pupils in normal schools, a sum not exceed- 
ing four thousand dollars, paya'ole 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 ex- 
ceeding six hundred dollars. 

For the education of deaf pupils of the Commonwealth 
in the schools designated by law, a sum not exceeding 
forty thousand five hundred 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 eighteen hundred dollars. 

The income of the Eogers book fund, of the Todd nor- 
mal 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 eflect upon its passage. 

Approved February 10, 1894. 



Chcil). 25 -^ ■^^'^ MAKING APPROPRIATIONS FOR SUNDKV 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 Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to meet sundry charitable expenses for the year 
ending on the thirty-first day of December in the year 
eighteen hundred and ninety-four, to wit : — 



Acts, 1894. — Ch.u>. 25. 37 



STATE BOARD OF LUXACY AND CHARITY. 

For expenses of the state board of lunacy and charity, Board ofiunacy 
inckiding travelling and other expenses of members, *° '^ ''" ^" 
necessary legal expenses, and salary and expenses of the 
clerk and auditor of said board, a sum not exceeding 
forty-seven hundred and tifty dollars. 

For salaries and expenses in the department of indoor indoor poor. 
poor, a sum not exceeding forty-three thousand dollars. 

For salaries and expenses in the department of outdoor outdoor poor. 
poor, a sum not exceeding twenty-four thousand dollars. 

For salaries and expenses in the department of the in- inspector of 
spector of institutions, a sum not exceeding ten thousand 
five hundred dollars. 

For travelling and other necessary expenses of the aux- Auxiliary 
iliary visitors of the state board of lunacy and charity, a 
sum not exceeding fifteen hundred dollars. 

MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, a sum not exceed- ofTtatepau"er° 
ing twenty thousand dollars. 

For the support and relief of state paupers in state state lunatic 
lunatic hospitals and asylums of the Commonwealth, and ^'*"P'^'^®- 
of state lunatic paupers boarded out in families, for the 
present and previous years, a sum not exceeding one hun- 
dred and eighty-five thousand dollars. 

The reimbursement of expenses incurred by certain Maintenance of 
towns in the maintenance of the insane, as provided for by certain 
in 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 of previous years may be paid from 
the appropriation of the present year. 

For expenses attending the management of cases of set- case-, of settie- 
tlement and bastardy, a sum not exceeding fifteen hundred bastardy. 
dollars. 

For care and maintenance of indigent and neglected ne'^ifct'LdThii 
children, and juvenile oflenders, a sum not exceeding dren. 



fort^'-five thousand dollars. 

For the support of state paupers in the Massachusetts state paupers, 
school for the feeble-minded and the hospital cottages for 
children at Baldwinville, a sum not exceeding ten thou- 
sand dollars. 

For the support of sick state paupers by cities and sick state 

X X t/ pftupcrs. 

towns for the year eighteen hundred and ninety-four and 



38 



Acts, 1894. — Chap. 26. 



a sum not exceeding five 



a sum not exceeding 



previous years, the same to include cases of wife settle- 
ment, a sum not exceeding seventy-five thousand dollars. 

For the burial of state paupers l)y cities and towns, for 
the present and previous j'ears, a sum not exceeding ten 
thousand dollars. 

For temporary aid for state paupers and shipwrecked 
seamen, by cities and towns, for the present and previous 
years, a sum not exceeding thirty thousand dollars. 

For the support and transportation of pauper infants in 
this Commonwealth, including infants in infant asylums, 
a sum not exceeding thirty thousand dollars. 

For expenses incurred in connection with smallpox and 
other diseases dangerous to the public health, for the 
present and previous jears, 
thousand dollars. 

For travelling and other necessary expenses of the 
trustees of the Medfield insane asylum, to include office 
rent, clerk hire and telephouet 
twenty-five hundred dollars. 

For fees for medical examiners, a sum not exceeding 
five hundred dollars. 

For expenses incurred in supporting indigent and neg- 
lected children for three months prior to their transfer, 
as provided for in chapter two hundred and fifty-two of 
the acts of the year eighteen hundred and ninety-three, 
for the present and previous years, a sum not exceeding 
five hundred dollars. 

For annuities due from the Commonwealth, incurred by 
the acceptance of the bequest of the late ]\lartha Johonnot, 
a sum not exceeding four hundred dollars. 

For annuities to soldiers and others, as authorized by 
the legislature, the sum of twenty-nine hundred and thirty 
dollars. 
Pensions. YoY peusious, the sum of five hundred and twenty dol- 

lars. 

Sectiox 2. This act shall take efi'ect upon its passage. 

A2J2^'>'oved February 10, 1894. 

CllO/n. 26 ^^ -^CT MAKING APPROPKIATIOXS FOR COMPEXSATIOX AXD MILE- 
AGE OF OFFICERS AXD MEX OF THE VOLUXTEER MILITIA AND 
FOR OTHER EXPENSES OF THE MILITARY DEPARTMENT. 

Be it enacted, etc., as follows: 
Appropriations. Sectiox 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 



Burial of state 
paupers. 



Temporary aid. 



Pauper infants. 



Dangerous 
diseases. 



Medfield insane 
asylum, trus- 
tees. 



Medical exam- 
iners. 

Indigent and 
neglected chil- 
dren. 



Johonnot annui- 
ties. 



Annuities to 
Boidiers, etc. 



Acts, 1894. — Chap. 26. 39 

monwealth from the ordinary revenue, for the purposes 
specitied, to meet expenses for the year ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four, to "wit : — 

For the compensation of officers and men of the volun- Miiitia, com- 
teer militia, a sum not exceeding one hundred and six p''°^''^'°"- 
thousand dollars. 

For transportation of ofiicers and men of the volunteer Transportation. 
militia, when on military duty, a sum not exceeding 
twenty thousand dollars. 

For incidental and contingent expenses in the adjutant incidental 
general's department, a sum not exceeding four thousand '^^p®"*'^^* 
dollars. 

For rent of brigade and battalion headquarters and ^^^^"ies 
company armories, a sum not exceeding thirty-nine thou- 
sand dollars. 

For quartermasters' supplies, a sum not exceeding Quartermasters' 
twenty-five thousand dollars. ^"^'^ '*'*' 

For incidental and contingent expenses of the quarter- incidental 
master general's department, a sum not exceeding five '^^^'®°^'^*' 
thousand dollars. 

For grading and care of the camp ground of the Com- camp ground. 
monwealth at Framingham, a sum not exceeding one thou- 
sand dollars. 

For military accounts in connection with the volunteer Military 
militia, not otherwise provided for, a sum not exceeding ''°'^°"° ®' 
four thousand dollars. 

For expenses in connection with the record of Massa- Record of offi- 

1 . , /v» •! 1 • 1 1 cers, sailors, etc. 

chusetts onicers, sailors and marines, a sum not exceed- 
ing two thousand dollars. 

For expenses of the care of, heating, lighting and fur- care, etc., of 
nishing the new armories recently erected in the cities of " 
Boston, Fitchburg, Lawrence, Lowell, L^mn and Worces- 
ter, for the use of certain of the volunteer militia, a sum 
not exceeding seventeen thousand eight hundred dollars. 

For allowance and repairs of clothing of the volunteer ciothing. 
militia, a sum not exceeding nine thousand dollars. 

For expenses in connection with the rifle practice of Ri^e practice. 
the volunteer militia, a sum not exceeding nine thousand 
dollars. 

Any sums of money received under the provisions of fam^^n^und** 
section eighty-seven of chapter three hundred and sixty- etc. 
seven of the acts of the year eighteen hundred and ninety- 
three, and from the sale of grass at the state camp ground, 



40 Acts, 1894. — Chaps. 27, 28, 29. 

during the year eighteen hundred and ninety-four, 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. 

^uee.'^etc!"^" ^^^ mcdical supplies for the use of the volunteer militia, 

and for incidental and contingent expenses of the surgeon 
general, a sum not exceeding fifteen hundred dollars. 
Section 2. This act shall take eiiect upon its passage. 

Approved February 10, 1894. 

GllClD. 27 ^^ "^^^ ^^ PREVENT PERSONS FROM UNLAWFULLY WEARING THE 
INSIGNIA OF THE UNION VETERANS' UNION. 

J5e it enacted, etc., as follows : 
Union veter- Any pcrsou uot a member of the Union Veterans' 

ans' L nion, • i i n •!/• n i • • • n • ^ 

insignia. Uiiion, who shall wiliuUy use or wear the msignia oi said 

order for the purpose of representing that he is a member 
thereof, shall be punished by fine not exceeding twenty 
dollars or l)y imprisonment in the house of correction not 
exceeding thirty days, or by both such fine and imprison- 
ment. Approved February 10, 1894. 

OllCIT) 2S ■^'^ ^'^^ RELATIVE TO RETURNS TO BE MADE BY THE MASSACHU- 
•^ * SETTS HOSPITAL LIFE INSURANCE COMPANY. 

5e it enacted, etc. , as folloivs : 
Exempted from SECTION 1. The Massachusctts Hospital Life Insur- 

making certain ^. • i i j i /• i • 

returns. aucc Company is hereby exempted irom making returns 

to the insurance commissioner during such time as it 
refrains from issuing policies of life insurance in this 
Commonwealth . 

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

App)roved February 10, 1894. 

Ch(lT) 29 ■^'^ -^^^ '^'^ AUTHORIZE THE TOWN OP BEVERLY TO ISSUE BONDS 
FOR THE PURPOSE OF FUNDING ITS WATEIl LOAN. 

Be it enacted, etc., as follovjs : 
j^^^eriy water Section 1. The towu of Bcvcrly is hereby authorized 
to issue, from time to time, bonds to an amount not ex- 
ceedins: in the ao-OTesjate one hundred and fifty thousand 
dollars, for the purpose of funding the notes of the town 



Acts, 1894. — Chap. 30. 41 

issued under the authority of chapter two hundred and 

ninety-four of the acts of the year eighteen hundred and 

eighty-five, and the notes issued in renewal or place 

thereof. Such bonds shall bear on their face the words, 

Beverly Water Loan, shall be payable not later than the 

year nineteen hundred and seventeen, shall bear interest 

payable 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 said bonds at public or private sale, 

upon such terms and conditions as it may deem proper. 

The sinking fund established under the provisions of said sinking fund. 

chapter shall be continued and shall remain inviolate and 

pledged to the payment of said water loan and shall be 

used for no other purpose. 

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

A2:>2:)roved February 14, 1S94. 

An Act relating to pkoceedings in insolvency. CJiOp. 30 

Be it enacted, etc., as folloivs : 

Section 1. When two or more persons who are part- insolvent 

'■ , ^ partners. 

ners become insolvent, a warrant may be issued, as pro- 
vided in chapter one hundred and fifty-seven of the Public 
Statutes, by the judge for the county in which the part- 
nership has last had a usual place of business for three 
consecutive months before the application, if the partner- 
ship has had a usual place of Imsiness for that time in any 
county, otherwise by the judge for the county in Avhich 
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 notice being first given by the 
judge to the other partners, if within the Commonwealth, 
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 separate estate of each of the partners 
shall be taken, except such parts as may be by law exempt 
from attachment ; and all the creditors of the company, 
and the separate creditors of each partner, may prove 
their respective debts. 

Section 2. Section one hundred and twenty of chap- Repeal. 
ter one hundred and fifty-seven of the Public Statutes as 
amended by section four of chapter four hundred and five 



42 Acts, 1894. — Chaps. 31, 32. 

of the acts of the year eighteen hundred and ninety-three 
is hereby repealed, but such repeal shall not aflect any 
suit or proceeding pending at the time of the passage of 
this act. 

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

Approved February 14, 1894. 

ChciV' 31 -^^ ^'■^'^ ^*^ AUTHORIZE THE DWIGHT MANUFACTURING COMPANY 
TO INCREASE ITS CAPITAL STOCK AND ENGAGE IN BUSINESS 
BEYOND THE LIMITS OF THE COMMONAYEALTH. 

Be it enacted, etc., as foUoivs : 
May increase Section 1. The Dwight Manufacturing Company is 

capi a 8 c . j^ei-ei^y authorized to increase its capital stock to an 
amount not exceeding eighteen hundred thousand dollars, 
and to invest such portions thereof in real and personal 
estate, either within or without the Commonwealth, and 
within the United States, as may be necessary and con- 
venient for carrying on its business ; and said Dwight 
Manufacturing Company is hereby further authorized to 
carr}^ on the business of manufacturing cotton and woolen 
goods in any part of the United States of America. 

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

Approved February 14, 1894. 

Glial). 32 ^ -^CT MAKING APPROPRIATIONS FOR THE MASSACHUSETTS NAU- 
TICAL TRAINING SCHOOL. 

He it enacted, etc., as foUoivs : 

Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for expenses of the 
Massachusetts nautical training school during the year 
ending on the thirty-first day of December in the year 
eighteen hundred and ninety-four, to wit : — 

Nautical For tho payment of current expenses of the Massachu- 

raimng sc oo . ^^^^^ iiautical training school, on board the United States 
ship Enterprise which has been detailed for the use of 
said school, a sum not exceeding fifty thousand dollars. 

Expensee. YoY the neccssary expenses of the board of commis- 

sioners of the Massachusetts nautical training school, to 
include compensation of secretary, clerical services, print- 
ing, stationery and other contingent expenses, a sum not 
exceeding five thousand dollars. 

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

Approved February 15, 1894. 



Acts, 1894. — Chaps. 33, 34, 35. 43 



An Act making appro pkiations for salaries and expenses ni^r.^^ Qo 

AT THE STATE INDUSTRIAL SCHOOL FOR GIRLS. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Common- 
wealth from tlie ordinary revenue, for the payment of 
salaries and expenses at the state industrial school for 
girls, at Lancaster, during the year ending on the thirty- 
first day of December in the year eighteen hundred and 
ninety-four, 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 ten thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding fifteen 
thousand three hundred and eighty-five dollars. 

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

Approved February 15, 1894. 

An Act making appropriations for salaries and expenses f^l^firf. Q4. 

AT THE STATE FARM AT BRIDGEWATER. ^ 

Be it enacted, etc., asfoUoivs: 

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 payment 
of salaries and expenses at the state farm at Bridge water 
during the year ending on the thirty-first day of Decem- 
ber in the year eighteen hundred and ninety-four, to 
wit : — 

For the payment of salaries, wages and labor at the state farm, 
state farm at Bridgewater, a sum not exceeding twenty- 
three thousand five hundred dollars ; and for other cur- 
rent expenses at said institution, a sum not exceeding 
sixty-eight thousand three hundred dollars. 

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

Approved February 16, 1S94. 



Chap. 35 



An Act to authorize the town of canton to make an addi- 
tional WATER loan. 

Be it enacted, etc., asfoUoivs: 

Section 1. The town of Canton, for the purposes canton 
mentioned in chapter ninety-five of the acts of the year ^'"®' ^°^°' 
eighteen hundred and eighty-five and acts in amendment 



U Acts, 1894. — Chaps. 36, 37. 

thereof or supplementary thereto, may issue bonds, notes 
or scrip, to be denominated on the face thereof. Canton 
Water Loan, to an amount not exceeding forty thousand 
dollars in addition to the amounts heretofore authorized 
by law to be issued by said town for the same purposes ; 
said bonds, notes or scrip shall be issued upon the same 
terms and conditions, and said town shall have the same 
powers relative thereto, as are provided in said acts for 
Proviso. the issue of the Canton water loan : xyrovided^ that the 

whole amount of said bonds, notes or scrip issued under 
the provisions of this act, together with those heretofore 
authorized to be issued by said town for the same pur- 
poses, shall not exceed one hundred and ninety thousand 
dollars. 

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

Approved February 16, 1894. 

CllCtn. 36 ^^ ^^'^ MAKING AN APPROl'KIATION FOR THE PAYMENT OP CER- 
TAIN BILLS AT THE STATE PRISON AT BOSTON. 

Be it enacted, etc., as foUoivs : 

Appropriation. Section 1. The sum hereinafter mentioned is ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 

State prison. YoY the payment of certain bills incurred and now due 

at the state prison at Boston, as authorized by chapter 
seven of the resolves of the present year, the sum of five 
thousand five hundred and ninety dollars and eighty-six 
cents. 

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

Approved February 16, 1894. 

Chap. 37 -^^ -'^CT RELATIVE TO THE WADING PLACE BRIDGE BETWEEN THE 

TOWNS OF HARWICH AND CHATHAM. 

Be it enacted, etc., as follows : 

^tructoe* across SECTION 1. The couuty commissiouers of the county 
^e'lk"^ ^'^'^^ of Barnstable are hereby authorized and empowered, sub- 
ject to the provisions of chapter nineteen of the Public 
Statutes, to construct an earthwork structure in place of 
the present bridge across Wading Place creek between 
said towns, and shall provide the same w^ith such culverts 
or pipes as they judge to be ample for the passage of 
water. 



Acts, 1894. — Chaps. 38, 39. 45 

Section 2. The commissioners of said county of Barn- Apportionment 
stable shall allow and order to be paid from the treasury ^j^^^^i'''"««- 
of said county one half of the entire cost of the construc- 
tion of said bridge and the approaches and highways 
leading thereto, and one half of said cost of c^nstraction 
of the said bridge and approaches and highways leading 
thereto shall be borne and paid by the towns of Harwich 
and Chatham, and the division or apportionment of expense 
between the said towns of Harwich and Chatham shall be 
made and determined by said county commissioners. 

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

Approved February 16, 1894. 

An Act making appropriations for salaries and expenses (JJidjy 3g 

AT THE MASSACHUSETTS REFORMATORY AT CONCORD. 

Be it enacted, etc., asfoUoics: 

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 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- 
four, to wit : — 

For the payment of salaries at the Massachusetts refor- Massachusetts 
matory at Concord, a sum not exceeding seventy-five '•^f oratory. 
thousand six hundred dollars ; for salaries and wages of 
instructors, teachers and other employees, a sum not ex- 
ceeding twenty-one thousand dollars ; and for other current 
expenses at said institution, a sum not exceeding one 
hundred and eleven thousand four hundred dollars. 

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

Approved February 17, 1894. 

An Act making appropriations for salaries and expenses (Jjinr)^ 39 

AT the state prison AT BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1 . The sums hereinafter mentioned are appro- Appropriations. 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the payment of 
salaries and expenses at the state prison at Boston during 
the year ending on the thirty-first day of December in the 
year eighteen hundred and ninety-four, to wit : — 



46 Acts, 1894. — Chaps. 40, 41. 

Btate prison. Yqy the payment of salaries at the state prison at Bos- 

ton, a sum not exceeding seventy-three thousand dollars ; 
and for other cun-ent expenses at said institution, a sum 
not exceeding ninety-five thousand one hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved February 17^ 1894. 

CllClp. 40 ^ -^CT MAKING AN APPROPRIATION FOR CURRENT EXPENSES AT 
THE MASSACHUSETTS HOSPITAL FOR DIPSOMANIACS AND IN- 
EBRIATES. 

Be it enacted, etc., asfoUoivs: 

Appropriation. Section 1. The sum hereinafter mentioned is appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, to pay 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 Decem- 
ber in the year eighteen hundred and ninety-four, to 
wit : — 

Hoepitai for ^ov the payment of current expenses at the Massachu- 

dipaomaniacB .'- " „ . . ^-, . , . 

and inebriates, sctts hospital for dipsomauiacs and inebriates, a sum not 
exceeding twenty-nine thousand dollars. 

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

Approved February 17, 1894. 

ClUin. 41 -^^ ^^^ '^^ PROVIDE FOR THE BLOCKING OF RAILROAD FROGS, 

SWITCHES AND GUARD RAILS. 

Be it enacted, etc., asfolloivs: 
Railroad corpo- Section 1. Evcrv railroad corporation shall, before 

rations to blocli ,, , r. r^ f i ' ,i , iii 

frogs, switches, the first day or October m the present year, block or 
^''^" cause to be blocked the frogs, switches and guard rails, 

excepting guard rails on bridges, in or connected with 
any and all railroad tracks operated or used by it in this 
Commonwealth, and shall thereafter keep the same so 
blocked, by some method or methods approved by the 
board of railroad commissioners, so as to prevent em- 
ployees ft'om being caught therein. 
Penalty. SECTION 2. Any railroad corporation neglecting to 

comply with the provisions of this act shall be punished 
by a fine of not less than ten nor more than one hundred 
dollars for each offence. Apjrroved February 17, 1894. 



Acts, ISOtt. — Chaps. 42, 43, 44. 47 



An Act to authorize the city op brockton to make an (J]inj) 42 

ADDITIONAL AVATER LOAN. "' 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Brockton, for the purposes Brockton water 
mentioned in section four of chapter one hundred and 
twenty-four of the acts of the year eighteen liundred and 
seventy-eight, may issue from time to time notes, bonds 
or scrip, signed by its treasurer and countersigned by its 
mayor, to be denominated on the face thereof, Brockton 
Water Loan, to an amount not exceeding one hundred 
thousand dollars in addition to the amounts heretofore 
authorized by law to be issued by the town or city of 
Brockton for the same purposes ; said notes, bonds or 
scrip to be issued upon the same tenns and conditions and 
with the same powers as are provided in said act for the 
issue of the Brockton water loan by the town of Brockton : 
jyrovuled, that the whole amount of such notes, bonds or 
scrip issued by said town and city for the same purposes 
shall not exceed the amount of seven hundred and twenty 
thousand dollars. 

Section 2. This act shall take effect upon its accept- when to take 
ance by a vote of two thirds of all the members of each 
branch of the city council of said city of Brockton. 

Approved February 17, 1894. 

An Act to authorize the hillside agricultural society to nj^f^/q-. 4.Q 

HOLD additional REAL AND PERSONAL ESTATE. ^ 

Be it enacted, etc., asfolloivs: 

The Hillside Agricultural Society may hold, for the May houi addi- 

^ .. ^ . .. 11 1 J J J tional estate. 

purposes or its organization, real and personal estate to 
an amount not exceeding ten thousand dollars. 

Approved February 21, 1894. 

An Act to authorize the town of Norwood to make an ni^fu) A A 

ADDITIONAL WATER LOAN. ^ * 

Be it enacted, etc., asfolloivs: 

Section 1. The town of Norwood, for the purposes May issue 
mentioned in section five of chapter eighty-two of the acts "" *' ° '^' 
of the year eighteen hundred and eighty-five, and for 
the further purpose of making extensions of the water 
works therein authorized, may issue bonds, notes or scrip 
to an amount not exceeding twenty thousand dollars in 



4S Acts, 1894. — Chaps. 45, 46. 

addition to the amounts heretofore authorized by law to 
be issued by said town for the same purposes ; said bonds, 
notes or scrip to be issued upon the same terms and con- 
ditions and with the same powers as are provided in said 
act for the issue of the Norwood water loan by said town. 
Section 2. This act shall take eflect upon its passage. 

Approved Feljruary 21, 1894. 

(Jhaj). 45 ^^ -'^CT TO AUTHOIUZE THE TOWN OF WELLESLEY TO LEASE THE 
KIGIIT TO ATTACH ELECTRIC WIHES TO POLES MAINTAINED BY 
SAID TOWN. 

Be it enacted.) etc., asfoUovjs: 
May lease right Section 1. The towu of Welleslev, by its board of 

to attach electric r> • • i /» 

wires to poles, selectmen, may from time to tmie lease lor a term ol years, 
not exceeding ten years at any one time, to any corpora- 
tion, firm or person agreeing to furnish electric light or 
power, or both, to parties wishing to purchase the same, 
the right to attach wires to poles owned by said town, and 
to place within said town such plant as may be deemed 
necessary by the selectmen for such purpose ; and it is 
hereby expressly provided that such corporation, firm or 
person shall acquire no permanent franchise, license, right 
or privilege in said town, and shall have no right to main- 
tain such wires or such plant therein, beyond the time or 
contrary to the terms fixed by contract or lease by and 
between said town and such corporation, firm or person. 

S^forcT^^^* Section 2. Except as provided in section one said 
corporation, firm or person shall be bound by existing 
laws as regards such poles and plant. 

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

Approved February 21 , 1894. 

CJlClV. 46 ^^ ■^^'^ MAIUNG APPKOPRIATIONS FOR THE COMPENSATION AND 
EXPENSES OF THE COMMISSIONERS ON INLAND FISHERIES AND 
GAME. 

Be it enacted, etc., asfolloivs: 

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 compensation 
and expenses of the commissioners on inland fisheries and 
game during the year ending on the thirty-first day of De- 
cember in the year eighteen hundred and ninety-four, 
to wit : — 



Acts, 1891. — Chaps. 47, 48. 49 

For the compensation and expenses of the commission- CommissioDers 

• 11/^ !• 1 J tOd inland fish- 

ers on inland tisheries and ifame, a snm not exceedmg enes and game, 
thirty-two hundred and fifty dollars. 

For one half of the expenses of the hatching at Plym- Hatching. 
outh, in the state of New Hampshire, a sum not exceed- 
ing nine hundred and fifty dollars. 

For the enforcement of laws, propagation and distri- ^g^^blTuo""©?^ 
bution of salmon, trout, shad, carp and lobsters, for fish, etc. 
incidentals, printing and contingent expenses, rent of 
hatcheries, payment for land, running expenses and 
maintenance of hatcheries, a sum not exceeding five 
thousand dollars. 

For the travellino- expenses of a member of the district Travelling 

^ o IT ^ _ _ expenses. 

police, detailed lor service with said commissioners, a 
sum not exceeding five hundred dollars. 

For the payment of running expenses and for inci- ^teamlT/**'^ 
dental repairs to the steamer in charge of the commis- 
sioners, a sum not exceeding four thousand dollars. 

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

Ajiproved Fehruary 24^ 1894. 

An Act making appropriations for salaries and expenses niinj) 47 

AT THE STATE ALMSHOUSE AT TEWKSUURY. 

5e it enacted^ etc., as foUoivs: 

Sectiox 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 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-four, 
to wit : — 

For the payment of salaries, wages and labor at the state aims- 
state almshouse at Tewksbury, a sum not exceeding 
thirty-one thousand dollars ; and for other current ex- 
penses at said institution, a sum not exceeding one hun- 
dred and four thousand dollars. 

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

Approved February 24, 1894. 



Chap. 48 



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 ap- Appropriation. 
propriated, to be paid out of the treasury of the Com- 



50 Acts, 1894. — Chaps. 49, 50. 

mon wealth from the ordinary revenue, for the purpose 
specified, to wit : — 
weTiSi°rflat8 Foi* t^e Commonwealth's flats improvement fund, for 

improvement the purpose of contlnuino; the improvements of the Com- 
monwealth's flats at South Boston, a sum not exceeding 
forty thousand dollars. 

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

Approved February 24, 1894. 

(JllOV. 49 "^ -^^^ MAKING APPROPRIATIONS FOR THE EXPENSES OF THE 

METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
provided, to meet the expenses of the metropolitan park 
commission for the year ending on the thirty-first day of 
December in the year eighteen hundred and ninety-four, 
to wit : — 
Metropolitan j'or salarics, rent, travelling expenses, stationery, inci- 

sion, dental and contingent expenses of the metropolitan park 

commission, a sum not exceeding ninety-fi^'e hundred dol- 
lars, to be paid from the metropolitan parks loan, as pro- 
vided for in section nine of chapter four hundred and 
seven of the acts of the year eighteen hundred and ninety- 
three. 
Care and main- Yov CQXQ and maintenance of reservations, for the ensu- 

tenance of , tit. ,• ^ i • i 

reservations. mg year, uudcr the direction oi the metropolitan park 

commission, a sum not exceeding twenty thousand dollars. 

Section 2. This act shall take efl'ect upon its passage. 

Apyproved February 24, IS 94. 



Chap. 50 



An Act making an appropriation for carrying out the 

PROVISIONS of the ACT TO PROTECT THE PURITY OF INLAND 
WATERS AND TO REQUIRE CONSULTATION WITH THE STATE 
BOARD OF HEALTH REGARDING THE ESTABLISHMENT OF SYS- 
TEMS OF WATER SUI'PLY, DRAINAGE AND SEWERAGE. 

Be it enacted, etc., as follows : 
Appropriation. Section 1. Tlic sum hereinafter mentioned is ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the payment 
of certain expenses in connection with the protection of 
the purity of inland waters during the year ending on the 



Acts, 1894. — Chaps. 51, 52. 51 

thirty-first day of Deceml)er in the year eighteen hundred 
and ninety-four, to wit : — 

For the services of engineers, chemists, biologists and [n"and waters. 
other assistants, and for other expenses made necessary 
and authorized by chapter three hundred and seventy-five 
of the acts of the year eighteen hundred and eighty-eight, 
which requires the state board of healtli to have tlie gen- 
eral oversight and care of all inland waters and to consult 
with and advise cities and towns with regard to the most 
appropriate source of water supply, the best method of 
assuring the purity thereof, and the best practicable 
method of disposing of their sewage or drainage, a sum 
not exceeding twenty-seven thousand dollars. 

Section 2. This act shall take eft'ect upon its passage. 

Approved February 24, 1894. 

Ax Act making ax appropriation for the compexsatiox of (JJicnj. 51 

THE JOIXT special COMMITTEE ON TAXATIOX, APPOIXTEU BY 
THE LEGISLATURE OF THE YEAR EIGHTEEX HUXDREL) AND 
NINETY-THREE. 

Be it enacted, etc., as follows: 

Section 1. The sum of sixty-nine hundred dollars is committee on 

1 1 -jiji • -I 1 t' n n ^ laws relating to 

hereby appropriated, to be paid out or the treasury of the taxation, com- 
Commonwealth fi'om the ordinary revenue, for the com- p*^"***''""- 
pensation of the joint special committee appointed by the 
legislature of the year eighteen hundred and ninety-three 
to sit during the recess, to consolidate, arrange and revise 
the statutes of this Commonwealth relating to taxation. 
Section 2. This act shall take efiect upon its passage. 

Approved February 24, 1894. 

An Act to incorporate the American baptist home mission /^7,^,^j ko 

SOCIETY. -'- 

Be it enacted, etc., as follows: 

Section 1 . The American Baptist Home Mission So- American 
ciety, incorporated in the state of New York, by an act M^issionSodlty, 
approved on the twelfth day of April in the year eighteen incorporated. 
hundred and forty-three and acts in amendment thereto, 
for the purpose of promoting the preaching of the gospel 
in North America, with power to establish and maintain 
schools in connection with its missionary work among the 



52 Acts, 1894. — Chap. 53. 

colored population of the United States and the Indians 
of North America, is herel)y made a body corporate under 
the laws of this Commonwealth ; with all the powers and 
privilesfes and subject to all the liabilities and restrictions 
set forth in chapter one hundred and fifteen of the Public 
Statutes and other laws relatino- to educational, charitable, 
benevolent and religious corporations, so far as the same 
may be applicable thereto. 
May hold real SECTION 2. Said Corporation may hold real and per- 

and personal t j i • 1 1 • in • i 

estate, etc. soual cstate not exceeding three million dollars in value, 
and may receive and hold in trust, or otherwise, funds 
received b}^ gift or bequest, to be devoted by it to the 
purpose aforesaid. 

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

Approved February 26, 1894. 



CliaV. 53 ^^ ^^^ '^^ AUTHORIZE THE CONSOLIDATION OF THE FITCHBURG 
RAILROAD COMPANY WITH THE 15ROOKLINE AND PEPPERELL RAIL- 
ROAD COMPANY, THE BROOKLINE RAILROAD COMPANY, AND THE 
BROOKLINE AND MILFORD RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Srrl°adi''au°° °^ Section 1 . Thc Fltchburg Railroad Company is hereby 
thorized.' authorized to unite and consolidate with the Brookline 
and Pepperell Railroad Company, the Brookline Railroad 
Company, and the Brookline and Milford Railroad Com- 
pany, or any or either of them, and to form one corpo- 
ration with the same under the name of the Fitchburg 
Railroad Company ; which shall have all the rights, pow- 
ers, privileges and immunities, and be subject to all the 
debts and liabilities of said uniting corporations, and to 
all the general laws relating to railroad corporations. 
Such union and consolidation shall be upon such terms 
and conditions as shall be approved by the board of rail- 
road commissioners and by a vote of the stockholders of 
each corporation so uniting at meetings duly called for 
Proviso. ^ihixt \)\xv\)OQQi: provided, hoivever, that the amount of the 
capital stock of the consolidated corporations shall not, by 
virtue of said consolidation, exceed the amount of the cap- 
ital stock of the railroad companies so consolidating exist- 
ino; at the time of such consolidation. 

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

Approved February 26, 1894. 



Acts, 1894. — Chaps. 54, 55, 56. 53 



An Act to authorize the American antiquarian society to (JJiap. 54 

HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as foUoics: 

Section 1. The American Antiquarian Society is May hoid real 
hereby authorized to hold real and personal estate, in estate^'^*""'' 
addition to books, papers and articles in its cabinet, to an 
amount not exceeding five hundred thousand dollars. 

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

Ajyproved February 26, 1894. 

An Act to authorize the Massachusetts historical society QJinj) 55 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. ^^ 

Be it enacted^ etc., as follows : 

Section 1. The Massachusetts Historical Society is Mayhoidad- 

. Ill 1 1 -I J 1 • ditional estate. 

hereby authorized to hold real and personal estate, in i*^^^— TJ^. 
addition to its li1)rary and library building and land, to an ' 
amount not exceeding six hundred thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Aj^proved February 26, 1894. 

An Act authorizing the county commissioners of Middlesex (JJidj)^ 56 

COUNTY TO erect AN ADDITION TO THE REGISTRY OF DEEDS 
BUILDING IN CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county Addition to the 
of Middlesex are hereby authorized and required to erect buudi7/in 
an addition to the registry of deeds building in Cam- ^'""^"^ee. 
bridge, for the use of said registry of deeds, and may 
borrow on the credit of said county, and expend for such 
purpose, a sum not exceeding one hundred thousand dol- 
lars ; which sum shall be paid as follows, namely : one 
tenth out of the taxes of the year eighteen hundred and 
ninety-five and one tenth out of the taxes of each suc- 
ceeding year until said loan is fully paid. 

Section 2. The commissioners of said county shall construction. 
contract for the erection of said addition, with the excep- 
tion of the foundation therefor, in accordance with section 
twenty-two of chapter twenty-two of the Public Statutes, 
but may make separate contracts for materials and con- 
struction if deemed desirable. 



54 Acts, 1894. — Chaps. 57, 58, 59. 

fommisBfonLs. Sectiox 3. Upoii the completion of said addition the 
commissioners shall return a certified statement of their 
personal expenses incurred in connection 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 Fehniary 26, 1894. 

ChciV. 57 ^^ ^*^^ ^^ CHANGE THE NAME OF THE HARRISON SQUARE CHURCH. 

Be it enacted, etc., as follotvs : 

Name changed. Sectiox 1. Tlic iianic of tlic Harrisou Squarc Church 
is hereby changed to Christ Church of Dorchester. 

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

Approved February 26, 1894. 

GllCLD. 58 "^^ -^^'^ RELATIVE TO THE PAYMENT OF SUPERINTENDENTS OF 

PUBLIC SCHOOLS FOR SMALL TOWNS. 

JSe it enacted, etc., as folloirs: 
Superintendents There shall be appropriated annually such sum as mav 

of schools for iijr j /.i /. 

small towns. be iicccssary to carry out the provisions of chapter four 
hundred and thirty-one of the acts of the year eighteen 
hundred and eighty-eight and acts in amendment thereof 
or supplementary thereto, relative to the payment of 
superintendents of public schools for small towns. 

Approved February 26, 1894. 

CllCip. 59 ^^ ^CT TO REPEAL THE ACT RELATING TO THE EXAMINATION 
AND TEST OF SAFETY COUPLERS ON FREIGHT CARS. 

Be it enacted, etc., as folloivs : 

1886,242, Chapter two hundred and forty-two of the acts of the 

year eighteen hundred and eighty-six entitled, "An act 
relating to the examination and test of safety couplers on 
freight cars," is hereby repealed. 

[The foregoing tvas laid before the Governor on the 
twenty-frst day of February, 1894, and after five days 
it had the ^^ force of a. law," as prescribed by the Consti- 
tution, as it loas not returned by him with his objections 
thereto ivithin that time.'] 



Acts, 1894. — Chaps. 60, 61. 55 

CJiaj). 60 



Ajr Act relative to the powers of fraternal heneficiary 

CORPORATIONS "WHICH LIMIT THEIR MEMBERSHIP TO THE PER- 
MANENT EMPLOYEES OF THE COMMONWEALTH AND OF TOWNS 
AND CITIES. 



Be it enacted, etc., as foil on: s : 

Section 1. Every corporatiou now or hereafter origan- Not subject to 

IT 1 J • • J 1 • • 1 '^1 certain limita- 

ized under or conductino: its business in accordance with tions.etc. 
the provisions of chapter four hundred and twenty-nine 
of the acts of the year eighteen hundred and eighty-eight 
and acts in amendment thereof or supplementary thereto, 
which limits its membership to the permanent employees 
of the Commonwealth and of towns and cities, and which 
pays only annuities or gratuities contingent upon disability 
or long service, shall not be subject to the limitations con- 
tained in said chapter and acts as to the amount of funds 
to be held for purposes of its organization, and may 
accept and hold gifts, legacies or other contributions 
therefor. 

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

Approved March 2, 1894. 



An Act to authorize the toavn of attleborough to issue 
additional water supply bonds. 



Chap. 61 



Be it enacted, etc., as folloivs : 



Section 1. The town of Attleborough, for the pur- Attieborough 
poses mentioned in section four of chapter sixty-nine of Bonds, isol'. ^ 
the acts of the year eighteen hundred and ninety-three, 
and for the purpose of paying the necessary expenses and 
liabilities of the water department and the laying of water 
pipes, may issue bonds, notes or scrip, to be denominated 
on the face thereof, Attleborough Water Supply Bonds, 
181)4, to an amount not exceeding fifty thousand dollars 
in addition to the amount heretofore authorized by law to 
be issued by said town for the same purposes ; said bonds, 
notes or scrip to be issued upon the same terms and con- 
ditions and with the same powers as are provided in said 
act for the issue of the Attlel)orough water supply bonds 
by said town. 

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

Approved March 2, 1894. 



56 Acts, 1894. — Chaps. 62, 63, 64. 

Chap. 62 An Act relative to the payment of the funeral expenses 

OF INDIGENT SOLDIERS AND SAILORS. 

Be it enacted, etc., as folloivs: 

amended ^^' SECTION 1. Section three of chapter three hundred 

and ninety-five of the acts of the year eighteen hundred 
and eighty-nine is hereby amended by striking out in the 
first line, the words " one half of", so as to read as fol- 
fo bl?e?m!°''°' lows : — SectiOH 3. All sums allowed and expended 
bursed. under section two of this act, but with no expense for the 

disbursement of the same, shall be reimbursed from the 
treasury of the Commonwealth to the several cities and 
towns which have expended the same, on or before the 
first day of December in the year next after such expendi- 
ture. 

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

Approved March 2, 1894. 

Chap. 63 An Act making appropriations for salaries and expenses 

AT THE LYMAN SCHOOL FOR l^OYS AT WESTBOROUGH. 

Be it enacted, etc., as folloics : 

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 
salaries and expenses at the Lyman school for boys, at 
Westborough, for the year ending on the thirty-first day 
of December in the year eighteen hundred and ninety- 
four, to wit : — 

Lyman^Bchooi j^qj. ^^^e payment of salaries, wages and labor at the 
LjTuan school for boys, at Westborough, a sum not ex- 
ceeding twenty-two thousand six hundred and thirty-five 
dollars ; and for other current expenses at said institution, 
a sum not exceeding thirty-four thousand five hundred 
dollars. 

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

Approved March 2, 1894. 

Chap. 64 An Act to change the name of the Worcester homceopathic 

DISPENSARY ASSOCIATION AND TO AUTHORIZE IT TO HOLD CER- 
TAIN PROPERTY. 

Be it enacted, etc., us folloivs: 
Name changed. Section 1. Tlic name of The Worccstcr Houioeopathic 
Dispensary Association is hereby changed to the Worces- 



Acts, 1894. — Chaps. 65, 66. 57 

ter Homoeopathic Hospital and Dispensary Association, 
witli antliority to establish and maintain a hospital in 
addition to a dispensary. 

Section 2. Said corjioration shall have the right to m-'y ho'd 
hold property to an amount not exceeding five hundred 
thousand dollars in value. 

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

Approved March 2, 1894. 

An Act to establish the office of assistant clerk of the (JJicij). Q5 

FIRST DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The ofiice of assistant clerk of the first Aasistant cierk. 
district court of eastern Middlesex is hereby established. 

Section 2. The justice of said court may appoint an Appointment. 
assistant clerk of said court, who may be removed at the 
pleasure of said justice and who shall be sworn by said 
justice to the faithful performance of the duties of his 
office. Said assistant clerk shall give a bond with suflS- 
cient sureties, in the sum of one thousand dollars, to be 
approved by said justice, for the proper discharge of his 
duties, and shall receive an annual salary of eight hundred 
dollars, to be paid as now provided for the clerk of said 
court. 

Section 3. Chapter three hundred and seventeen of issa, sit, 

*- , , . • repealed, 

the acts of the year eighteen hundred and eighty-nme is 
hereliy repealed. 

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

Approved March 2, 1894. 



Chap. QQ 



An Act to establish the salary of the officer in attend- 
ance UPON THE COURT OF PROBATE AND INSOLVENCY FOR THE 
COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. The salary of the officer in attendance saiaryestab- 
upon the court of probate and insolvency for the county 
of Suffolk shall be fifteen hundred dollars a year, to be so 
allowed from the first day of January in the year eighteen 
hundred and ninety-four, to be paid from the treasury of 
said county in monthly instalments and to be in full for 
all services performed by said ofiicer. 

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

Ap)proved March 2, 1894. 



58 Acts, 1894. — Chaps. 67, 68, 69. 

(JhCip. 67 -^^ ^CT TO f:STAI!LISII THE MASSACHUSETTS VOLUNTEERS' FUND. 

Be it enacted, etc., as folJoics : 
Fund, to be held Section 1. Aiiv amoimts remainino; in the l)ounty 

in trust by , ^ ~ *" 

treasurer and loan sliiking fund, transferred thereto under authority of 
receiver genei a . ^1^,^^^^^^. ^^-^g hundred and twelve of the acts of the year 

ciji'hteen lumdred and eio;hty-two, on account of Massa- 
chusetts vohmteers, returned allotments and allotment 
rolls, shall be set aside by the treasurer and receiver 
general as a fund, to be known as the Massachusetts 
Volunteers' Fund, and shall be held in trust by him and 
paid out only in accordance with the provisions of said 
chapter one hundred and twelve. Said fund may be in- 
vested in the same manner as other funds, and all income 
from its investments shall be added to and become a part 
of said fund. 

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

Approved March 2, 1894. 

(JJlCfn. 68 -^^ ^*^^ RELATIVE TO THE COMPENSATION OF THE OFFICIAL STE- 
NOGRAPHER FOR THE COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

iraended.^^' SECTION 1. Scctiou ouc of chapter four hundred and 

fifty-two of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out in the 
seventh line, after the w^ord " ninety-three", and the fol- 
lowing lines, the words " All sums of money received for 
copies by any official stenographer for said county of 
Middlesex shall be paid into the treasury of said county ", 

Salary of go as to read as follows: — Section 1. The stenographer 

Btenograpner. . . , • c l^ • j *"/' j i 

appointed by the justices oi the superior court tor the 
county of Middlesex shall receive such salary as said jus- 
tices 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 year eighteen hun- 
dred and ninety-three. 

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

Approved March 2, 1894. 

GhClV. 69 ^^ ■^^'^ ^^ AUTHORIZE THE CONSTRUCTION OF A PUBLIC BRIDGE 
OVER THE CREEK RUNNING INTO WEST FALMOUTH HARBOR. 

Be it enacted, etc., as follows: 
May build and Section 1. Tlic towu of Falmouth, or the county 

maintain bridge, . /.-n ii i j.j. 

etc. commissioners oi Barnstable county, may lay out a town 



Acts, 1894. — Chap. 70. 59 

"way or highway, and may build and maintain a bridge 
over the creek running into West Falmouth, otherwise 
known as and called Chappaquoit, harbor, at the northerly 
part thereof, subject to the provisions of chapters nineteen 
and forty-nine of the Public Statutes, and of any other ! 
laws which now are or hereafter may be in force applicable 
thereto. 

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

Approved March 2, 1894. 

An Act to incorpokate the trustees of sanford hall. Ohcijj. 70 

Be it e)iacted, etc., as follows: 

Section 1. Frederick L. Fisher, Henry E. Mason, Trustees of 
Samuel Hodgson, Robert Bell, Samuel G. Clark, Walter inToip'orated.' 
L. Palmer and John W. Kichardson, the present trustees 
for the Ijenetit of the Evangelical Congregational Society 
of Medway and the Dean Library Association, under a 
deed from Patty Lincoln to Clark Partridge and others, 
dated the fifteenth day of January in the year eighteen 
hundred and seventy-two and recorded in the registry of 
deeds for the county of Norfolk, libro four hundred and 
nineteen, folio three hundred and thirteen, as set forth in 
said deed and in the plan of ' ' subscriptions for a public 
building, to be located in Medway Village, Massachu- 
setts ", annexed to said deed and recorded in said registry 
of deeds, libro seven hundred and one, folio five hundred 
and thirty-nine, are hereby made a corporation by the 
name of the Trustees of Sanford Hall ; and said trustees 
and their successors shall continue a body corporate, for 
the purjioses set forth in said deed and plan of suli- 
scription, with all the powers, rights and privileges and 
subject to all the duties, restrictions and liabilities con- 
tained in all general laws now or hereafter in force 
relating to such corporations. 

Section 2. The said corporation is hereby authorized ^^^reafand 
to take, receive and hold l)y oift, grant, devise or pur- personal 

~,^ ^ , property. 

chase, real or personal property, for the purposes herein- 
before referred to, to an amount not exceeding forty thou- 
sand dollars in value ; and said corporation is authorized 
to sell or mortgage the whole or any part of its property, 
the proceeds of any sale or mortgage to be used by said 
corporation for the purposes hereinbefore referred to ; but 
no purchaser or mortgagee shall be responsible for the 
application of the proceeds of any such sale or mortgage. 



60 



Acts, 1894. — Chap. 71. 



Officers, 
by-laws, etc. 



Property, etc., 
held by trustees 
to vest in corpo- 
ration. 



Certain deeds 
legalized and 
confirmed. 



Sectiox 3. The said corporation may elect such offi- 
cers and make such by-laws, not inconsistent with the 
laws of this Commonwealth or with the terms of said deed 
and plan of subscription, as it may deem necessary for its 
own s'overnment and the proper management of the prop- 
erty committed to its care. The members of said cor- 
poration shall not exceed seven in number, and they are 
authorized to fill any vacancies. 

Sectiox 4. All of the property, both real and personal, 
with all the rights, credits and choses in action, belonging 
or in any way appertaining to said trustees before the 
passage of this act, with all the remedies for the recovery 
of the same, shall belong to and be absolutely vested in 
said corporation, to all intents and purposes ; and said 
corporation shall also be subject to all the obligations, 
duties and liabilities of said trustees ; and the said trus- 
tees or a majority thereof are hereby authorized to make 
any conveyance of said property which may be deemed 
necessary or expedient to vest the title to the same in said 
corporation. 

Section 5. The deeds heretofore given by the Trustees 
of Sanford Hall, for the time being, to John J. Williams, 
dated the twenty-ninth day of October in the year eight- 
een hundred and seventy-two and recorded in said reg- 
istry of deeds, libro four hundred and thirty-three, folio 
one hundred and seventy-three, and to Joel A. Crooks, 
dated the fifteenth day of July in the year eighteen 
hundred and eighty-one and recorded in said registry of 
deeds, libro five hundred and thirty-four, folio fifty-five, 
are hereby legalized and confirmed. 

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

Approved March 2, 1894. 



ChciV. 71 -^N -^CT TO AUTHORIZE THE TOWN OF WINCHESTER TO ELECT A 

BOARD OF SEWER COMMISSIONERS. 



Board of sewer 
commissioners, 
election, terms 
of office, etc. 



Be it enacted, etc., as follows : 

Section 1. The town of Winchester, at any meeting 
called for the purpose, may elect a board of sewer com- 
missioners to consist of three persons, who shall hold 
office for 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 special meeting they shall hold office for one, two and 



Acts, 189i. — Chaps. 72, 73. 61 

three years, respectively, from the annual meeting next 
following their election, and in either case until their suc- 
cessors arc chosen ; and at each annual town meeting 
when the term of one of the said commissioners expires 
said town shall elect one member of said board 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. 
In all matters concerning drains and s^ew^ers said board of HXritiea'^etlf*' 
commissioners shall have all the powers and be subject to 
all the duties, liabilities and penalties which are now con- 
ferred or imposed upon sewer conmiissioners by the pro- 
visions of chapter four hundred and twenty-three of the 
acts of the year eighteen hundred and ninety-three. 

Section 2. This act shall take eft'ect upon its passage. 

Approved March 2, 1894. 

An Act to authorize the newton theological institution QJiar), 72 
TO hold additional property. 

JBe it enacted, etc., as follows: 

Section 1. The Newton Theological Institution is Mayhoidaddi. 
hereby authorized to hold, in addition to the amount of '""^ ^^°^^^ ^' 
property now authorized by law, a further amount of 
property, not exceeding in the aggregate one million two 
hundred thousand dollars, of which not more than four 
hundred thousand dollars shall be in real estate : provided, 
that the area of land now in use l)y said institution shall 
not be increased. 

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

Approved March 5, 1894. 

An Act to authorize the minister, avardens, vestry and QJid't) 73 

proprietors of ST. JOHN'S CHURCH IN NORTHAMPTON TO HOLD 
additional real AND PERSONAL ESTATE. 

Be it enacted, etc., as follotvs : 

Section 1. The Minister, Wardens, Vestry and Pro- Mayhoidaddi- 
prietors of St. John's Church in Northampton are hereby 
authorized to hold real and personal estate to an amount 
not exceeding three hundred thousand dollars. 

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

Approved March 5, 1894. 



62 Acts, 1894. — Chaps. 74, 75, 70. 



Clldl). 74 -^^ -^CT TO CHANGE THE NAME OF THE ROSLINDALE METHODIST 

EPISCOPAL CHURCH IX BOSTON. 

Be it enacted^ etc, as follows: 

Name changed. Section 1. The name of the Eoslindale Methodist 
Episcopal Church in Boston is herel^y changed to the 
Bethany Methodist Episcopal Church in Boston. 

?ue\u?etc!' Section 2. All devises, bequests, conveyances and 

gifts heretofore made to said corporation, by either of 
said names, shall vest in the Bethany Methodist Episcopal 
Church in Boston. 

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

Approved March 5, 1894. 



ChaV' 75 ^^ ^^^ AUTHORIZING THE EAST PARISH OF THE TOWN OF SALIS- 
BURY TO SELL OR LEASE ITS LANDS. 

Be it enacted, etc. , as folloivs : 

il^IeT^ndl Section 1. The East Parish of the town of Salisbury 

may sell or lease such portions of its lands within the 
county of Essex as may be determined by vote of said 
parish at an}^ legal meeting held for that purpose, the 
proceeds of such leases and the income of money received 
from sales to be expended for the support of preaching. 

notaff^cTed. SECTION 2. Nothing in this act shall afl'ect the provi- 

sions of the acts relative to the division of the town of 
Salisbury into two parishes, passed respectively on the 
fifteenth day of March and on the sixth day of June in the 
year seventeen hundred and ninety-three. 

Section 3. This act shall take efl'ectupon its passage. 

Apj)roved March 5, 1894. 



(JJldJ), 76 -^^ -^^"^ ^*^ AUTHORIZE THE CITY OF NEWBURYPOKT TO DISCON- 
TINUE CERTAIN LANDINGS. 

Be it enacted., etc., us follows: 

fo%e"di8con-°^^ Section 1. The city of Newburyport is hereby author- 
tinued. J2ed to discoutinue the common landing places on the 

Merrimac river in said city between the Essex Merrimac 
bridge and the Newburyport bridge, and to sell or fill up, 
use and impi'ove as public pleasure grounds the flats 
where said landings now are, except the town landing 
immediatelv below the Essex Merrimac bridge, the town 



Acts, 1894. — Chap. 77. 63 

landino; at the foot of Jefferson street and the town land- 
ing at the foot of Kent street. 

Section 2. Said city may control and improve for May control 
park purposes, not inconsistent with its use as a landing, park purposes?"^ 
the town landing at the foot of Kent street, may make 
regulations for its use as a landing, and may prohil)it all 
parties from depositing refuse thereon or disfiguring the 
same in any way. 

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

Approved March 5, 1894. 



An Act to incorporate the neav England burglary insur- 
ance COMPANY. 



Chap, 77 



Be it enacted^ etc. , as foUoivs : 

Section 1. William L. Douglas, Hosea Kingman, New England 
John J. Whipple, Walter Rapp, Emery M. Low, William fn"ifrance 
R. Mitchell, George D. Alden, Henry L. May, E. Ber- [^™i?praled. 
tram Newton, Samuel M. Child, George R. Stimpson, 
Emanuel Nussbaum, their associates and successors, are 
hereby made a corporation by the name of the New Eng- 
land Burglary Insurance Company, to be established in 
the city of Boston, for the purpose of carrying on the 
business of guaranteeing individuals, firms and corpora- 
tions against loss and damage by burglary or housebreak- 
ing ; and for this purpose shall have all the powers and 
privileges and be subject to all the duties, restrictions and 
lia1)ilities, so far as the same shall be applicable, set forth 
in chapter two hundred and fourteen of the acts of the 
year eighteen hundred and eighty-seven and all acts in 
amendment thereof or in addition thereto. 

Section 2. The said company shall have a capital ^ap''''' «t°<=^' 
stock of two hundred thousand dollars, divided into shares 
of one hundred dollars each, w^itli the liberty to pay in 
and increase the same to an amount not exceeding five 
hundred thousand dollars ; and said company may issue 
policies w^henever two hundred thousand dollars of the 
capital stock shall have been paid in. 

Section 3. No policv shall be issued under this act ^orm of policy 

1 ii /• j_i i» i' 11 1 11 1 • to be approved, 

unless the lorm thereot shall be approved by the insurance etc. 
commissioner of the Commonwealth. 

Approved March 7, 1894. 



64 Acts, 1894. — Chap. 78. 



diaV- 78 ^^ -^^"^ "^^ SUPPLY THE TOWN OF ROCKPORT M^ITH WATER. 

Be it enacted^ etc. , as foUoivs : 

Water supply. Sectiox 1. The town of Eockport may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other purposes ; may establish 
fountains and hydrants, relocate or discontinue the same ; 
may regulate the use of such water and fix and collect 
rates to be paid for the use of the same. 

May take the SECTION 2. The Said town, for the purposes aforesaid, 

■waters of certain ' ,i. iiiiji . 

ponds, etc. may take, by purchase or otherwise, 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 
flow into the same, or the waters of any other brook or 
any springs, artesian or driven wells or .filter galleries 
within the limits of said town of Eockport, and the water 
rights and water sources connected therewith ; and also 
all lands, rights of way and easements necessary for hold- 
ing and preserving such water and for conveying the same 
to any part of said town of Eockport ; and may erect 
on the land thus taken or held, proper dams, buildings, 
fixtures and other structures, and may make excavations, 
procure and operate machinery, and provide such other 
means and appliances as may be necessary for the estab- 
lishment and maintenance of complete and eflective water 

May take lands, works ; and may take by purchase or otherwise and hold 
in fee simple any lands or easements upon or within tli« 
watersheds of any source of supply taken and held under 
the provisions of this act, which shall be deemed necessary 
for the protection and preservation of said watersheds, 
or either of them, or for preserving, increasing and 
protecting the purity of the waters of said sources of 
supply ; and may construct conduits, pipes and other 
works under or over any land, 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 purposes 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 land, 
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. 



Acts, 1894. — Chap. 78. 65 

Section 3. Said town shall within sixty clays after a description of 
the taking of any land, rights of way, water rights, water b'e reco^rded. 
sources or easements as aforesaid, otherwise than by 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 water commissioners 
hereinafter provided for. 

Section 4. Said town shall pay all damages sustained damages, 
by any person or corporation in property by the taking 
of any land, right of way, water, water source, water 
right or easement, or by any other thing done by said 
town under the authority of this act. Any person or 
corporation entitled to damages as aforesaid under this 
act, failing 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 highwaj^s, by making appli- 
cation at any time within the period of two years from 
the taking of such land or other property or the doing of 
any other injury under the authority of this act ; but no 
such application shall be made after the expiration of said 
two A^ears. No application for the 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 liy said town under the authority of this act. 

Section 5. The said town may, for the purpose of Rockport water 
paying the necessary expenses and liabilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggi'egate one hundred and fifty 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 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, provided that such securities shall 
not be sold for less than the par value thereof. The said 



6Q 



Acts, 1894. — Chap. 78. 



Payment of 
loan. 



town snail pay the interest on said loan as it accrues, and 
shall provide at the time of contracting said loan for the 
Sinking fund, establishment of a sinking fund, and shall annually con- 
tribute 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 town instead of establishing a 
sinking fund may, at the time of authorizing said loan, 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same w^ithin 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 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 ninetj'-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. Said town shall raise annually by taxation 
a sum which with the income derived fi'om 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 sinking fiind 
and payments on the principal as may be required under 
the provisions of this act. 

Section 9. Whoever uses any water taken by said 
town by this act without the consent of said tow^n, or who- 
ever wilfully or wantonly corrupts, i)ollutes 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 
Penalty. au actiou of tort ; and upon conviction of either of the 

above wilful or wanton acts shall be punished by a fine 



Return of 
amount of sink, 
ing fund or an- 
nual payments. 



Payment of 
expenses, inter- 
est on loan, etc. 



Corruption of 
■water, injury 
to land, etc. 



Acts, 1894. — CiiAr. 79. 67 

not exceeding three hundred dolhxrs or by imprisonment 
not exceeding one year. 

Section 10. Said town shall, after the acceptance of fommisfirerT, 
this act, at a legal meeting called for the purpose, elect „/ office ^ItT ' 
by ballot three persons to hold office from the time of their 
said election, one until the expiration of three years, one 
until the expiration of two years and one until the expira- 
tion 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 com- 
missioner shall be elected by l)allot for the term of three 
years. All the authorit}^ granted to the town by this act 
and not otherwise specially provided for shall be vested 
in said board of water commissioners, who shall be subject 
however to such instructions, rules and regulations as said 
town may impose by its vote ; the said commissioners shall 
be trustees of the sinking fund herein provided for, and a 
majority of said commissioners shall constitute a quorum 
for the transaction of business relative both to the water 
works and to the sinking fund. Any vacancy occurring vacancy. 
in said board from any cause may l^e lilled for the remain- 
der 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 tow^n pres- 
ent and voting thereon at a legal town meeting called for 
the purpose within three years fi'om its passage ; but the 
number of meetings so called in any year shall not exceed 
two. Approved March 7, 1894. 

An Act to incorporate the altamonte springs company. (Jlicn)- 79 
Be it enacted^ etc., as follows : 

Section 1. Charles Whittier, Harry W. Priest, John AUamoDte 

' ^ ^ ' . Springs Com- 

C. Lane, Elihu G. Loomis and Thomas J. Kenny, their panyincor- 
associates and successors, are hereby made a corporation ^'°'^'' 
for the term of fifty years, under tlie name of the Alta- 
monte Springs Company ; with all the powers and privi- 
leges and subject to all the duties, liabilities and conditions 
set forth in all the general laws which now are or hereafter 
may be in force applicable to such corporation. 

Section 2. Said company may purchase, operate, sell, ^e^a^e.^^sefr' 
lease, mortgage and improve the lands, springs, hotel and etc., property. 
other property at Altamonte Springs, so-called, in the 



68 



Acts, 1894. — Chap. 80. 



Capital stock. 



Proviso. 



Preferred stock. 



May issue notes 
or bonds. 



Proviso. 



Bonds to be 
approved, etc. 



county of Orange and state of Florida, now or formerly 
owned by the Altamonte Company, so-called, and shall 
have the same rights as to other property in Florida, inci- 
dental and necessary to its business. 

Section 3. The capital stock of said corporation shall 
not exceed twenty-hve thousand dollars of common stock, 
and in addition thereto the company may issue preferred 
stock to an amount not exceeding twenty-live thousand 
dollars, which will be entitled to a cumulative dividend of 
not exceeding six per centum per annum before any divi- 
dend is paid upon the common stock : provided, that the 
said corporation shall not transact any business, and no 
stock shall be issued of either the common or preferred 
class, until the whole amount of said capital stock of both 
classes shall have been paid either in cash or property, 
the value of which property, if any, shall be determined 
by the commissioher of corporations. 

Section 4. If preferred stock is issued by said com- 
pany it shall have exclusive voting }jower until two con- 
secutive annual dividends shall have been paid thereon 
and whenever any part of the dividends for which it is 
entitled to preference are unpaid. Its voting power shall 
be equal to that of the common stock onlj^, share for share, 
so long as dividends are fully paid upon the preferred 
stock. 

Section 5. Said company may issue its notes or bonds 
secured by a mortgage upon its property to a sum not 
exceeding its capital stock of both classes : provided, that 
none of such bonds shall be issued or sold by said com- 
pany for less than their par value. 

Section 6. All bonds issued shall first be approved 
by some person appointed by the corporation for that pur- 
pose, who shall certify upon each bond that it is properly 
issued and recorded. 

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

Approved March 9, 1894. 



ChCip. 80 -^ -A^CT TO AUTHORIZE THE TOWN OP RUTLAND TO REFUND IT8 



Be it enacted, etc., as follows : 

m-^lcHp"' °°''' Section 1. The town of Rutland, for the purpose of 
refunding its existing indebtedness, may issue notes or 
scrip therefor to an amount not exceeding five thousand 



Acts, 1894. — Chaps. 81, 82. 69 

dollars, payable at the expiration of periods not exceeding 
ten years from the date of issue. Said notes or scrip shall 
bear interest, payable semi-annually, at a rate not exceed- 
ing five per cent, per annum, and may be sold or negotiated 
at public or private sale upon such terms and conditions 
as said town may deem proper. 

Section 2. The provisions of chapter twenty-nine p. s. 29, etc., 
of the Public Statutes and the acts amendatory thereof *° ^p^^^- 
shall in all other respects apply to said issue of notes or 
scrip. 

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

Approved March 9, 1894. 



An Act to change the name of the American education 

SOCIETY. 



Chap, 81 



Be it enacted^ etc., as foUoivs: 

Section 1. The name of the American Education Name changed. 
Society is hereby changed to the Congregational Educa- 
tion Society. 

Section 2. All devises, bequests, conveyances and ^ue^tg^.^^tc!" 
gifts heretofore or hereafter made to said corporation by 
either of said names, or by the name of the American Col- 
lege and Education Society, shall vest in said Congrega- 
tional Education Society. 

Section 3. This act shall be void unless the same shall ^o be void un. 

. leas accepted. 

be accepted by said corporation at a meeting thereof called 
for that purpose, or at its annual meeting held next after 
the passage of this act. Approved March 9, 1894. 

An Act to authorize the city of boston to abate a for- (JJicty), §2 
tion of certain assessments for the construction of 
sidewalks. 

Be it enacted, etc., as follows: 

The city of Boston may repay to the person paying the a portion of 

J I . ^ 1 J J' i'/ certain assess- 

same, or to his legal representative, any portion, not ex- mentsfor con- 
ceeding forty-five per cent., of any sums that have been Bidewi°k8°may 
or may be hereafter paid for assessments for the construe- ^e abated. 
tion of sidewalks under the provisions of chapter four 
hundred and one of the acts of the year eighteen hundred 
and ninety-two. Approved March 9, 1894. 



70 



Acts, 1894. — Chaps. 83, 8i. 



(JJiaj). 83 ^^ ^'^'^ RELATIVE TO SURVEYORS OF LUMBER AND MEASURERS 

OF WOOD AND BARK. 



Licenses may 
be granted to 
surveyors of 
lumber to act in 
adjoining 
towns. 



Measurers of 
■wood and bark. 



Not to apply, 
etc. 



Be it enacted, etc., asfoUoivs: 

Section 1 . The surveyor of lumber in any town may 
apply to the selectmen of an adjoining town for a license 
to survey lumber in such adjoining town, and if in the 
opinion of said selectmen the convenience of individuals 
will be promoted by the granting of such license, they 
may grant the same upon payment of a fee not exceeding 
one dollar ; and they may limit the territory within which 
such license may be exercised to a specified portion of 
such adjoining town. A license so granted shall remain 
in force while the licensee continues to hold the office of 
surveyor in the town for which he was originally chosen, 
but not later than the next annual town meeting, and such 
license shall entitle the licensee to exercise within such 
adjoining town, or within the portion thereof specified in 
the license, all the rights and powers of a surveyor of lum- 
ber chosen by such adjoining town. 

Section 2. Measurers of wood and bark may in like 
manner be licensed to exercise their powers in a town ad- 
joining that for which they are elected or appointed. 

Section 3. This act shall not apply to the surveyor 
general of lumber or his deputies. 

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

A2^proved March 9, 1894. 



ChdV, 84 ^N -^CT TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE COUNTY 
OP BRISTOL TO BORROW A SUM OF MONEY FOR THE PURPOSE OF 
COMPLETING THE NEW COURT HOUSE AT TAUNTON. 

Be it enacted, etc., as follows : 

The county commissioners of the county of Bristol are 
hereby authorized to borrow on the credit of the county 
a sum not exceeding sixty thousand dollars, and to expend 
the same for the purpose of completing and furnishing the 
new court house at Taunton, in addition to the sum author- 
ized to be expended l^y chapter one hundred and nineteen 
of the acts of the year eighteen hundred and ninety-one. 

Approved March 9, 1894. 



New court 
house at 
Taunton. 



Acts, 1894. — Chaps. 85, 86. 71 

An Act to authorize the city of Cambridge to make an QJiarn g5 

ADDITIONAL AVATER LOAN. "' 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Cambridfre, by its city council, ^^^^ lIbo 
is hereby authorized to issue, in addition to the amounts 
now authorized by law, notes, scrip or bonds, to be denom- 
inated on the face thereof, Cambridge Water Loan, to an 
amount not exceeding one million dollars, bearing interest 
not exceeding four per centum per annum, payable semi- 
annually, the principal to bo payable at periods not ex- 
ceeding thirty years from the date of issue. The proceeds 
of said loan shall be used in settling damages for property 
taken and which may be taken in the completion of the 
Stony Brook supply, authorized by chapter two hundred 
and tifty-six of the acts of the year eighteen hundred and 
eighty-four, for constructing, completing and keeping in 
repair roads adjoining and bounding lands bought and 
taken in connection with its Fresh Pond reservoir, as 
authorized in chapter one hundred and thirty-seven of the 
acts of the year eighteen hundred and eighty-eight; in 
settling damages for property taken and which may be 
taken in providing a distributing and higher service reser- 
voir and other w^orks, as authorized by and described in 
chapter four hundred and twenty-one of the acts of the 
year eighteen hundred and ninety-two ; and for any and 
all other purposes connected with the protection and ex- 
tension of the water supply and the renewal, enlargement 
and construction of the water works of said city of Cam- 
bridge. 

Section 2. All the provisions of chapter two hundred If^mfy'.^^"'' 
and fifty-six of the acts of the year eighteen hundred and 
eighty-four and the acts referred to therein, in regard to 
the establishment and maintenance of a sinking fund for 
the redemption of the Caml^ridge water loan, shall apply 
to the loan authorized by this act. 

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

Approved March 9, 1894. 



An Act to authorize the city of lawrence to refund a 
portion of its debt. 



Chap. 86 



Be it enacted, etc., as follows : 

Section 1. The city of Lawrence, for the purpose of May issue 

. . . ' IT 1 Douds, notes 

paying and refunding its municipal debt, tailing due on orscnp. 



72 Acts, 1894.— Chap. 87. 

the first day of July in the year eighteen hundred and 
ninety-four, may issue from time to time bonds, notes or 
scrip bearing interest at a rate not exceeding four per cent, 
per annum, and to an amount not exceeding two liundred 
and sixty-two thousand dollars, being the present amount 
of said municipal debt. 
Mu^idpa^iLoan, SECTION 2. Said bonds, notes or scrip may be made 
189^ payable at any time within thirty years from their date. 

They shall bear upon their face the words, Lawrence 
Municipal Loan, 1894. Said city shall by ordinance de- 
termine the form of such bonds, notes or scrip, the time 
at which the same shall be payable, and the amounts and 
times of the payments to the trustees of the sinking 
fund. 
Redemption and SECTION 3. The procccds of the salc of said bonds, 
muni'dpai loan uotcs or scrip shall bc uscd to redeem and pay the munic- 
bon 8, etc. i^^^j j^^^ bonds issucd by said city and due on the first 
day of July in the year eighteen hundred and ninety- four, 
and for no other purpose. If any sum shall remain irom 
the proceeds of the sale of said bonds^ after paying said 
bonds due on the first day of July in the year eighteen 
hundred and ninety-four, it shall be paid to the trustees 
of the sinking fund. 
p. 8.29. §§10, Section 4. The provisions of sections ten and eleven 
of chapter twenty-nine of the Public Statutes, so far as 
applicable and not inconsistent with this act, shall apply 
to said municipal loan sinking fund. 
When to take Section 5 . Tliis act shall take effect upon its accept- 
ance by the city council of the city of Lawrence. 

Approved March 9, 1894. 

OkttV. 87 ^^ ■^^'^ '^^ CHANGE THE NAME OF THE COURT COLUMBIA, NUMBER 
SIX THOUSAND AND TWELVE, ANCIENT ORDER OP FORESTERS. 

Be it enacted, etc., as foUoivs : 

Name changed. Section 1 . The uamc of the Court Columbia, Xumbcr 
six thousand and twelve, Ancient Order of Foresters, is 
hereby changed to the Court Columbia, Number six 
thousand and twelve, ^ncient Order of Foresters of 
America. 

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

Approved March 9, 1S94. 



11, to apply. 



Acts, 1894. — Chaps. 88, 89. 73 



Ax Act to change the name of the court Montgomery, (JJi^p^ gg 

NUMBER SIX THOUSAND THREE HUNDRED EIGHTY-SIX, ANCIENT 
ORDER OF FORESTERS. 

Be it enacted, etc., asfoUoivs: 

Section 1. The name of the Court Montgomery, Num- Name changed. 
ber six thousand three hundred eighty-six, Ancient Order 
of Foresters, is herel^y changed to the Court Montgomery, 
Number six thousand three hundred eighty-six, Ancient 
Order of Foresters of America. 

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

Approved March 9, 1894. 

An Act to authorize the city of Cambridge to make an (JJiap, 89 

ADDITIONAL PARK LOAN. 

Be it enacted, etc., as fallows: 

Section 1. The city of Cambridge, by its city council, S^^"""^^" ^^""^ 
is hereby authorized to issue, in excess of the limit allowed 
by law, scrip or bonds to be denominated on the face 
thereof, Cambridge Park Loan, to an amount not exceed- 
ing one hundred thousand dollars each year for five years, 
commencing in the year eighteen hundred and ninety-five, 
bearing interest not exceeding four per centum per annum, 
payal)le semi-annually, the principal to be payable at 
periods of not more than forty years from the issuing of 
such scrip or bonds respectively. The proceeds of said Damages, etc 
loans shall be used in settling unpaid damages for prop- 
erty purchased, taken or held, and which hereafter may 
be purchased, taken or held, for a public park or parks, 
as authorized by chapter three hundred and forty-one of 
the acts of the year eighteen hundred and ninety-two, and 
by chapter three hundred and thirty-seven of the acts of 
the year eighteen hundred and ninety-three, and any and 
all acts amendatory thereof and supplementary thereto ; 
for constructing, completing and maintaining said park 
and parks ; and for any and all other purposes connected 
with and incident to the protection, renewal, enlargement, 
adornment and construction of a public park or parks in 
said city of Cambridge. Said city council may sell said 
scrip or bonds, or any part thereof, from time to time, or 
pledge the same for money borrowed for the above pur- 
poses ; but the same shall not be sold or pledged for less 
than the par value thereof. 



74 Acts, 1894. — Chaps. 90, 91. 

n.lolppiy!*^' Section 2. The provisions of the tenth and eleventh 
sections of chapter twenty-nine of the Public Statutes 
shall, so far as applicable, apply to said loan. 

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

Approved March 9, 1894. 



CllClT). 90 "^^ ^^'^ ^^ AUTHORIZE THE TRUSTEES OF MOUNT HOLYOKE COL- 
LEGE TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfolloivs: 
May hold addi- Section 1. The Trustees of Mount Holyoke College 
are hereby authorized to hold real and personal estate to 
an amount not exceeding two million dollars. 

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

A2J2-)roved March 9, 1894. 

Char). 91 ^'^ ^^'^ RELATING TO AN ADDITIONAL WATER SUPPLY FOR THE 

CITY OF PITTSFIELD. 

Be it enacted, etc., asfoUoics: 
1892, 1S5. §4, Section 1. Section four of chapter one hundred and 

eighty-five of the acts of the year eighteen hundred and 
ninety-two is hereby amended by inserting after the word 
" act", in the third line thereof, the words : — and for the 
purpose of paying the necessary expenses and liabilities to 
be incurred to an amount not exceeding fifty thousand dol- 
lars in other extensions and improvements of the water 
works of said city, — and by inserting after the word 
*' exceeding", in the fourth line thereof, the words: — in 
the aggregate, — so as to read as follows : — /Section 4. 
The said city may, for the purpose of paying the necessary 
expenses and liabilities incurred under the provisions of 
this act, and for the purpose of paying the necessary ex- 
penses and liabilities to be incurred to an amount not 
exceeding fifty thousand dollars in other extensions and 
improvements of the water works of said city, issue from 
time to time bonds, notes or scrip to an amount not ex- 
ceeding in the aggregate one hundred thousand dollars. 
Loaf A^ctTf " Such l^onds, note^ or "scrip shall bear on the face thereof 
1892.' the words, Pittsfield Water Loan, Act of 1892, shall be 

payable at the expiration of periods not exceeding thirty 
years from the date of issue, and shall bear interest pay- 
able semi-annually at a rate not exceeding six per centum 
per annum. Said city shall provide for the payment upon 



Acts, 1894. — Chap. 92. 75 

account of the principal sum incurred for the constiniction 
and maintenance of its water worlcs, not less than the sum 
of four thousand dollars in each and every year next after 
the lirst day of April in the year eighteen hundred and 
ninety-three, in addition to the sums now required to be 
paid thereon each year by said city by the provisions of 
section three of chapter three hundred and forty of the 
acts of the year eighteen hundred and eighty-five, until all 
of said debt, both principal and interest, is fully paid and 
extinguished. The said city may authorize temporary Temporary 
loans to be made by its mayor and treasurer in anticipa- 
tion of the issue of bonds, notes and scrip hereby author- 
ized, or in anticipation of the payments to be made. 
Section 2. This act shall take effect upon its passage. 

Apirroved March 9, 1894. 

An Act to authorize the town of Winchester to incur QJiap. 92 

INDEBTEDNESS FOR THE PURPOSE OF CONSTRUCTING AND MAIN- 
TAINING A SYSTEM OF SEWERAGE AND SEWAGE DISPOSAL. 

Be it enacted, etc., as folloios : 

Section 1. The town of Winchester, for the purpose Winchester 
of defraying the expense of constructing and maintaining a^c^ of^i894.°" ' 
a system of sewerage and sewage disposal, is hereby 
authorized 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, Winchester Sew- 
erage Loan, Act of 1894, bearing interest at a rate not ex- 
ceeding five per cent, per annum, payable semi-annually, 
the principal to be payable at periods of not more than 
thirty years from the date of issue. Said town may sell 
said bonds, notes or scrip, or any part thereof, at public 
or private sale : j)^'ovided, that the same shall not be sold 
for less than the par value thereof. 

Section 2. Said town is authorized to make appro- Payment of 
priations and assess from time to time such amounts as it 
may from year to year decide, not exceeding in any one 
year prior to the year in which the bonds mature the sum 
of ten thousand dollars, towards paying the principal of 
the money so borrowed, and also a sum sufiicient to pay 
the interest thereon, in the same manner as money is 
assessed and appropriated for other town purposes under 
the provisions of section thirty-four of chapter eleven of 
the Pul)lic Statutes. 



76 



Acts, 1894. — Chap. 93. 



Bonds and in- 
terest warrants. 



Subject to 
acceptance by 
a two thirds 
vote. 



Section" 3. Whenever the treasurer has occasion to 
issue bonds for the purpose mentioned in section one, he 
shall state in detail, in writing, to the selectmen, the num- 
ber of l)onds and interest warrants which 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 
under the same, except for preliminary 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 
voting thereon at a legal meeting called for that purpose 
within one year from the date of its passage. 

Approved March 12, 1894. 



Chap. 



1893, 332, § 1, 
amended. 



Part of West 
Bridgewater to 
be annexed to 
Brockton. 



93 -^^ -'^CT TO DEFINE AND ESTABLISH THE BOUND ABY LINE BETWEEN 
THE CITY OF BROCKTON AND THE TOWN OF WEST BRIDGEWATER. 

Be it enacted, etc., as follows : 

Section one of chapter three hundred and thirty-two of 
the acts of the year eighteen hundred and ninety-three is 
hereby amended by striking out in the tenth line, the 
words " in a line parallel to said town line ", and insert- 
ing in place thereof the words : — at a right angle with 
said last described line, — so as to read as follows : — 
Section 1. So much of the town of West Bridgewater, in 
the county of Plymouth, as lies between the present boun- 
dary line between said town and the city of Brockton, in 
said county, and the following line, that is to say : Begin- 
ning at a stone post standing at the intersection 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 town line two 
hundred and eighty-nine rods ; thence easterly at a right 
angle with said last described 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 portion thereof 



Acts, 1894. — Chap. 94. 77 

lying west of Main street shall constitute a part of the 
third ward thereof, and the portion lying east of Main 
street shall constitute a part of the fourth ward thereof, 
until a new division of the wards of said city is made. 

Approved March 12, 1894. 



An Act to incorporate the rufus s. frost general hospital (JJiq^j 94 

AND to change THE NAME OF THE CHELSEA DAY NURSERY, 

children's home and general hospital. 
Be it enacted, etc., as foHoivs : 

Section 1. Eufus S. Frost, William G. Wheeler, Rufus s. Frost 
Charles Leeds, Samuel P. Tenney, John K. Hodgdon, pitarincor"*" 
Jabez K. Montgomery, Dennis A. O'Brien, Edward H. ^'"'''""^■ 
Lowell, Alphonso S. Harris, N. Semantha Sparhawk, 
Annie M. Mitchell and Kuth J. Wyeth, their associates 
and successors, are hereby made a corporation hy the 
name of Rufus S. Frost General Hospital, for the purpose 
of establishing and maintaining a hospital in the city of 
Chelsea for the care and treatment of sick and disabled 
persons ; 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 may hereafter be in force 
relating to such corporations. 

Section 2. The corporation shall consist of the afore- Members. 

said incorporators and of such persons as may at any legal 

meeting of the corporation be elected members thereof by 

ballot. 

Section 3. Said corporation may receive and hold real May receive 
1 • 1 I' J • J J - 1 • ^"^"^ ^'^'•^ '^^^^ 

and personal estate which may irom time to time be given, and personal 

granted, bequeathed or devised to it and accepted by the 
corporation, or that may be purchased hy it, to an amount 
not exceeding one hundred thousand dollars, for the uses 
and purposes of said hospital : j)rovided, always^ that said Proviso- 
estate shall be appropriated according to the terms of the 
donation, devise or bequest. 

Section 4. All funds now or which may hereafter be investment of 
accumulated or set apart for the general maintenance of 
the hospital, or the maintenance of a free bed or free beds 
in said hospital, shall be hereafter invested only in such 
securities and in such manner as may be provided from 
time to time by the laws governing investments by sav- 
ings banks. 



78 



Acts, 1894. — Chap. 94. 



Name changed. 



Conveyance of 
property. 



To aB6ume 
debts. 



Section 5. The name of the Chelsea Day Nursery, 
Children's Home and General Hospital is hereby changed 
to the Chelsea Day Nursery and Children's Home. 

Section 6. The said Chelsea Day Nursery and Chil- 
dren's Home may convey any real estate which has been 
appropriated to the uses of the said general hospital while 
the same existed as part of said Chelsea Day Nursery, 
Children's Home and General Hospital, under the pro- 
visions of chapter one hundred and sixteen of the acts 
of the year eighteen hundred and ninety, to Rufus S. 
Frost of said Chelsea, in trust however for the purpose 
herein provided. Said Rufus S. Frost shall convey said 
real estate to the said Rufus S. Frost General Hospital, 
and said conveyance shall be sul)ject to all the conditions 
and limitations mentioned or referred to in deeds of said 
real estate from said Frost to the said Chelsea Day Nurs- 
ery, Children's Home and General Hospital, recorded 
with Suffolk registry of deeds, libro nineteen hundred 
and thirty-two, folio five hundred and thirty-nine, libro 
nineteen hundred and thirty-six, folio two hundred and 
ninety-five and libro nineteen hundred and ninety-two, 
folio four hundred and ten. The said Chelsea Day Nurs- 
ery and Children's Home may convej^ to the said Rufus 
S. Frost General Hospital any personal property which 
has been appropriated to the uses of the said general hos- 
pital while the same existed as part of said Chelsea Day 
Nursery, Children's Home and General Hospital, under 
the provisions of said chapter one hundred and sixteen. 
The Rufus S, Frost General Hospital shall hold said prop- 
erty in the same manner and for the same purposes for 
which it is authorized to hold other property mentioned 
in this chapter. 

Section 7. The said Chelsea Day Nursery and Chil- 
dren's Home shall assume all debts incurred to the time 
of the passage of this act for the use of that department 
while it existed as part of the said Chelsea Day Nursery, 
Children's Home and General Hospital, and the said 
Rufus S. Frost General Hospital shall assume all debts 
incurred to the time of the passage of this act for the 
use of the general hospital while it existed as part of the 
said Chelsea Day Nursery, Children's Home and General 
Hospital. 

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

Approved March 12, 1894. 



Acts, 1894. — Chaps. 95, 96. 79 



An Act providing that the city engineer op the city of (Jj^QYt O'l 

BROCKTON SHALL BE, EX OFFICIO, CLERK OP THE BOARD OF ^ ' 

COMMISSIONERS OF SEWERAGE CONSTRUCTION. 

Be it enacted., etc., as follows: 

The city engineer of the city of Brockton shall, ex The city engi. 
officio, be the clerk of the board of commissioners of officio? del k'^of 
sewerage construction, created under the provisions of commr/sf oners 
chapter two hundred and forty-eight of the acts of the gtyu^tlon °'^°' 
year eighteen hundred and ninety, and shall, under the 
direction of the said commissioners, have the superin- 
tendence of the construction, maintenance and operation 
of the system of sewerage and of sewage disposal adopted 
by said city. In the discharge of his duty hereunder the 
city engineer shall have authority to employ such clerical 
and other assistance, and at such rates, as said commis- 
sioners shall deem reasonable and proper. 

Ajiproved March 12, 1894. 



An Act relative to annual reports op certain officers and 

BOARDS OF the CITY OF EVERETT. 



Chap. 96 



Be it enacted, etc., as foUoios : 



Section 1 . Section thirty-two of chapter three hun- 1892, 355, § 32, 



amended. 



dred and fifty-five of the acts of the year eighteen hun- 
dred and ninety-two is hereby amended by striking out 
in the seventh line, the words "the following February", 
and inserting in the place thereof, the words : — January 
in each year, — so as to read as follows : — Section 32, EBtimates of 

*-> ' ^ amounts 

The mayor shall, in the month of January of each year, deemed neces- 

• «/ 7 anrv for the 

cause to be made to him by the heads of departments and several depart- 
by all other ofiicers and boards having authority to ex- ™^°"^*- 
pend money, detailed estimates of the amounts deemed 
by them to be necessary for their respective departments 
for the financial year, which shall begin on the first day 
of January in each year, and he shall, not later than the 
first week in February, transmit such estimates to the 
city council, recommending appropriations for each de- 
partment or purpose as he shall deem necessary therefor. 

Section 2 . This act may apply to the year eighteen May apply to 
hundred and ninety-four and shall take efl'ect upon its 
passage. Approved March 12, 1894. 



80 Acts, 1894. — Chaps. 97, 98, 99. 



Cliaii 97 -^ ^'^'^ PROHIBITIXG THE TAKING OR KILLING OF GRAY SQUIRRELS 
* HARES OR RABBITS BETWEEN THE FIRST DAY OF MARCH AND THE 

FIFTEENTH DAY OF SEPTEMBER. 

Be it enacted, etc., as follows: 

Protection of Section 1. Whoever takes or kills a gray squirrel, 

hares^and '^'^ *' hare or rabbit, between the first day of ]\Iarch and the 
rabbits. fifteenth day of September, or within said time buys, 

sells or ofiers for sale any of said animals, shall be pun- 
ished by a fine of ten dollars. 
Repeal. SECTION 2. Sectiou five of chapter two hundred and 

seventy-six of the acts of the year eighteen hundred and 
eighty-six is hereby repealed. 

Approved March 12, 1894. 



Chew. 98 -^ -^^^ MAKING AN APPROPRIATION FOR THE COMPENSATION AND 
EXPENSES OF THE SPECIAL COMMITTEE OF THE HOUSE ON CAUCUS 
LAW, APPOINTED BY THE HOUSE OF REPRESENTATIVES OF THE 
Y'EAR EIGHTEEN HUNDRED AND NINETY-THREE. 

Be it enacted, etc., asfolloivs: 

Appropriation. SECTION 1. The suui of two thousaud four hundred 
sixty-seven dollars and eighty-seven cents is hereby ap- 
propriated, to be paid out of the treasuiy of the Com- 

compensation monwealth from the ordinary revenue, for the compensa- 

of committee ,, -, /» . i • i •!, • j. i i 

on caucus laws, tioii and expcuses 01 the special committee appointed by 
the house of representatives of the year eighteen hun- 
dred and ninety-three to investigate caucuses and report 
such changes in the laws as might seem desirable. 

Section 2. This act shall take efl'ect upon its passage. 

Approved March 13, 1894. 



Chan 99 ^'^ -^^"^ '^'^ authorize the 

INDEBTEDNESS BEYOND THE I 



CITY OF MARLBOROUGH TO INCUR 
LIMIT FIXED BY LAW, FOR THE PUR- 
POSE OF CONSTRUCTING A SYSTEM OF SEWERAGE AND SEWAGE 
DISPOSAL. 

Be it enacted, etc., as follows; 
May incur in- SECTION 1. The city of Marlboi'ough, for the purpose 
beyond'debt of coustructiug, extending and maintaining a system of 
^™''" sewerage and sewage disposal, as provided in chapter three 

hundred and twelve of the acts of the year eighteen hun- 
dred and eighty-eight, may incur indebtedness to an 
amount not exceeding thirty thousand dollars beyond the 



Acts, 1894. — Chap. 100. 81 

limit of indebtedness fixed by law for said city and in ad- 
dition to the amounts heretofore authorized by law for said 
purposes. The incurrence of such indebtedness, and all 
bonds, notes or scrip issued for the same, shall be in accord- 
ance with and subject to the provisions of said chapter. 
Section 2. This act shall take effect upon its passage. 

Ap2)roved March 13, 1894. 



Chap.lOO 



An Act to ixcorpokate the trustees of the peklev free 
school fund. 

Be it enacted, etc., as follows: 

Section 1. George W. Chaplin, Joseph H. Towne Trustees of the 
and George H. Carleton, trustees of the fund created for schlTo^ Flfnd 
the Perley Free School and other purposes, by the will '°<='"-po'-^'«d. 
of John Perley, and their successors in said trust, elected 
or appointed in accordance with the terms of the will, and 
H. Howard Noyes, are hereby made a corporation by the 
name of the Trustees of the Perley Free School, for the 
purpose of purchasing a site, erecting buildings and en- 
dowing and maintaining in the town of Georgetown a free 
school to be called the Perley Free School, as provided in 
said will ; with all the powers and privileges and subject 
to all the restrictions, duties and liabilities set forth in the 
general laws which now are or hereafter may be in force 
and applicable to such corporations, not inconsistent with 
the provisions of said will. 

Section 2. Said coriioration is authorized to take and May take and 

I 1 1 n 1 • 1 1 IT 11 hold real and 

hold, all and singular, the estate, real and personal, de- personal estate, 
vised and bequeathed to said trustees by said will ; and 
after the organization of said corporation the trustees for 
the time being are authorized hereby to convey all the 
estate, real and personal, to the said corporation, upon the 
conditions prescribed by said will ; and said cor}3oration 
is further authorized to take and hold for said school real 
and personal estate to an amount not exceeding three hun- 
dred thousand dollars. 

Section 3. Said corporation is authorized to take and Trust funds. 
hold the several trust funds as provided in said will and 
upon the same trusts, and the trustees for the time being 
under said will are hereby authorized to convey said trust 
funds to the said corporation, prescribing in such con- 
veyance such conditions and rules as shall secure the ful- 
filment of said trusts, and said corporation shall perform 
all the duties pertaining to said trust. 



82 Acts, 1894. — Chaps. 101, 102. 

Trustees. SECTION 4. The Said corporators as trustees, and their 

successors, shall have power to increase their number to 
five and to fill all vacancies. 

Treasurer to SECTION 5. The trcasuTcr of Said trustees shall give 

bond to their satisfaction fi^r the security of all money, 
papers and funds belonging to said trust which may come 
to his hands, as well as for the faithful discharge of the 
duties of his office. 

By-laws, etc. SECTION 6. The Said corporators as trustees shall have 

power to make all proper by-laws, both for their own gov- 
ernment and the orderly management of the said trusty 
and school fund, to elect or appoint from time to time all 
such teachers, officers or agents as they shall judge neces- 
sary, and to determine the character, tenure and com- 
pensation of their officers ; and generally to do all acts 
necessary or proper to be done for the purpose of carrying 
into full effect the provisions of this act. 

Approved March 14, 1894. 

O/ifW.lOl -^^ -^^T T^ ^^^^ '^^^ TIME FOR MAKING THE ANKUAL REPORT OF 
THE MASSACHUSETTS AGRICULTURAL COLLEGE TO THE GENERAL 
COU RT. 

Be it enacted^ etc.^ as follows: 
Time^for ™ak- -j^j^g jjg^t aunual rcport of the Massachusetts agricult- 
report. x^ipal collcge to the general court shall be made on the 

first Wednesday of .January in the year eighteen hundred 
and ninety-five, and shall include the transactions within 
the period commencing on the first day of October in the 
year eighteen hundred and ninety-three and ending on the 
thirty-first day of December in the year eighteen hundred 
and ninety-four ; and thereafter the annual report of said 
college shall be made to the general court on the first 
Wednesday in January in each year for the college year 
ending on the thii*ty-first day of December. 

Approved March 14, 1894. 

Chan.lO^ -^ ■^^'^ ^^^^ '^^^^^ PROTECTION OF QUAIL DURING THE YEAR EIGHT- 
EEN HUNDRED AND NINETY-FOUR. 

Be it enacted, etc., as follows: 
Protection of WhocvcT during the year eighteen hundred and ninety- 

**"'''^' four takes or kills a quail in this Commonwealth shall be 

punished by a fine of twenty dollars for every quail so 
taken or killed. Approved March 14, 1894. 



Acts, 1894. — Chaps. 103, 104. 83 



An Act to permit insurance companies of this commonwealth Cj^iriryy 1 Q3 

HAVING SPECIAL CHARTERS TO BE GOVERNED BY CHAPTER TWO 
HUNDRED AND FOURTEEN OF THE ACTS OF THE YEAR EIGHTEEN 
HUNDRED AND EIGHTY-SEVEN. 

JBe it enacted^ etc., as follows: 

All insurance companies of this Commonwealth may be isst, 214, etc., 
governed by chapter two hundred and fourteen of the acts ""^^ govern. 
of the year eighteen hundred and eighty-seven and acts 
amendatory thereof, anything in their special charters 
to the contrary notwithstanding ; providing notice of the 
acceptance of said act is filed with the insurance commis- 
sioner. A2)2^roved March 14, 1894. 

An Act relative to partition of real estate by sale where QJi(ir),\04: 

THE SAME CANNOT BE ADVANTAGEOUSLY DIVIDED. 

Beit enacted, etc., asjollows: 

Section 1. Section sixty-five of chapter one hundred p-8]"8. §65, 

, ^ } amended. 

and seventy-eight of the Public Statutes is hereby amended 
by inserting in the ninth line, after the word "equal", 
the following words : — In case the court order a sale of 
the whole of the lands to be divided, before commissioners 
are appointed, it may appoint one commissioner to make 
such sale and division of its proceeds, — also by inserting 
in the thirteenth line, before the word " commissioners", 
the words : — commissioner or, — so as to read as fol- 
lows : — Section 65. In any case of partition the court Land may be 

- . , . r .•■ . -. Bold when it 

may, at the time 01 appointing commissioners, or subse- cannot be 
quently by agreement of parties or after such notice to divided'.^^""* ^ 
all persons interested as may be required, order the com- 
missioners to make sale and conveyance of the whole 
or any part of the lands that cannot be advantageously 
divided, upon such terms and conditions and with such 
securities for the proceeds of such sale as the court may 
direct, and to distribute and pay over the proceeds of the 
sale in such manner as to make the partition just and 
equal. In case the court order a sale of the whole of the 
lands to be divided, before commissioners are appointed, 
it may appoint one commissioner to make such sale and 
division of its proceeds. Such sale shall be made by 
public auction, after like notice as is required for the sale 
of lands by executors and administrators, and the evidence 
thereof may be perpetuated in like manner by returns filed 



84 



Acts, 1894. — Chaps. 105, 106. 



with the clerk, register, or recording officer of the court 
where the proceedings are had. The conveyance shall be 
made by the commissioner or commissioners, and shall 
be conclusive against all parties to the proceedings for 
partition, and against those claiming by, through, or 
under them. 

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

A2)proved March 14, 1894. 



Wild animals 
in the public 
streets. 



Ch(ipA05 -^^ -^^"^ KELATING TO THE CARE OF BEARS AND OTHER WILD 
ANIMALS AVIIILE IN THE PUBLIC STREETS. 

Be it enacted, etc., as follows: 

Section 1. No person shall lead or drive any bear or 
other dangerous wild animal upon or along any highway, 
road or street in this Commonwealth, or otherwise cause 
such animal to travel, pass or be conveyed over or upon 
such highway, road or street, unless properly secured in 
some covered vehicle or cage. 

Section 2. Any such animal found upon any highway, 
road or street, without being so secured or caged, may 
be killed by any sheriff, constable, police officer or any 
other person duly authorized. 

Section 3. Any person violating the provisions of 
section one of this act shall be punished by a fine of not 
less than five nor more than twenty dollars. 

Approved March 14, 1894. 



May be killed, 
etc. 



Penalty. 



Trustees of 
Anatolia Col 
lege incor- 
porated. 



Ghcip,\OQ -^N Act TO INCORPORATE THE TRUSTEES OF ANATOLIA COLLEGE. 

Be it enacted, etc., as follows: 

Section 1. Edwin B. Webb, Joseph S. Ropes, Charles 
C. Burr, Albert H. Plumb, William P. Ellison, G. Henry 
Whitcomb, A. Lyman Williston, James G. Vose, James 
M. W. Hall, Henry D. Hyde, John E. Tuttle, William 
W. Jordan and Elijah Horr, members of the prudential 
committee of the American Board of Commissioners for 
Foreign Missions, and their successors in that office, are 
hereby constituted a body corporate hy the name of The 
Trustees of Anatolia College, with power to maintain an 
institution for the education of young men ; and they and 
their successors, and such persons as shall be duly elected 
members of such corporation, shall l)e and remain a body 
corporate by that name forever ; and for the orderly con- 



Acts, 189i. — CnAr. 106. 85 

ducting of the business of said corporation the members 

of said corporation shall have the power and authority 

from time to time, as occasion may require, to elect a 

chairman, a clerk, a treasurer, and such other officers of 

said corporation as may be found necessary, and to declare 

the duties and tenures of such offices. No person shall Membership. 

be eligible to membership in the corporation unless he 

is at the time of election a member of the prudential 

committee of the American Board of Commissioners for 

Foreign Missions. 

Section 2. The said corporation shall have full power Meetings. 
and authority to determine at what times and places their 
meetings shall be holden and the manner of notifying the 
members to convene at such meetings ; and also from time Election of 
to time to elect a president, a dean, and such professors, *=®''^'®°' 
tutors, instructors and other officers of the said college 
as they shall judge most for the interest thereof, and to 
determine the duties, salaries and responsibilities and 
tenures of their several offices ; and the said corporation 
are further empowered to purchase, hire or erect and keep 
in repair such houses and other buildings as they shall 
judge necessary for said college ; and also to make and 
ordain, as occasion may require, reasonable rules, orders 
and by-laws, not repugnant to the constitution and laws 
of the Commonwealth, for the good government of the 
said college and for the regulation of their own body ; 
and also to determine and regulate the course of study 
in said coUeo'e ; and they are hereby empowered to grant HonorB, de- 
such honorary testimonials and confer such honors, de- 
grees and diplomas as are granted or conferred by any 
university, college or seminary of learning in this Com- 
monwealth. 

Section 3. Said corporation may have a common seal, ^JIJ e8tote^,"e'tc. ' 
which they may alter or renew at their pleasure, and all 
deeds sealed with the seal of said corporation and signed 
by their order shall, when made in their corporate name, 
be considered in law as the deeds of said corporation ; and 
said corporation shall be capable of taking and holding in 
fee simple or any less estate, by gift, grant, bequest, devise 
or otherwise, any lands, tenements or other estate, real 
or personal, to any amount not exceeding five hundred 
thousand dollars. 

Section 4. The clear rents and profits of all the Rents, profits, 
estate, real and personal, of which the said corporation 



86 Acts, 1894. — Chap. 107. 

shall be seized and possessed, shall be appropriated to 
the expenses of said college in such manner as shall most 
effectually promote virtue and piety, and learning in such 
of the languages and of the liberal and useful arts and 
sciences, as shall be recommended from time to time by 
the said corporation and as shall conform to the will of 
any donor or donors in the application of any estate which 
may be given, devised or bequeathed for any particular 
object connected with the college. 
ReirgiouB SECTION 5. No studcut iu Said college shall be refused 

opinioDs not to 1 • • J 1 • 1 i- XI • -1 1 

debar from aduiissiou to Or dcnicd any oi the iDrivileges, honors or 

admission, etc. ^ i?'iii j n J^ !•• •■ 

degrees oi said college on account or the religious opinions 
he may entertain. 
^a^t'furthe""^ Section 6. Thc legislature of the Commonwealth may 
powers, etc. grant any further powers to, or alter, limit, annul or re- 
strain any of the powers vested by this act in, the said 
corporation, as shall be found necessary to promote the 
best interests of the said college, and more especially may 
appoint overseers or visitors of the said college, with all 
the necessary powers for the better aid, preservation and 
government thereof, Aj^oved March 14, 1894. 

CJiap.107 ^^ ^CT TO ESTABLISH AN ALEWIFE FISHERY IN ORLEANS. 

Be it enacted, etc., as follows: 

rndTakfng°of Section 1. Rufus E. Suow, William H. Niekerson, 

aiewives. William Wareham and Eugene Damond are hereby au- 

thorized to make the necessary improvements for the 
preservation and taking of alewives in Sparrow's pond, 
so-called, in the town of Orleans, and to construct an out- 
let from said pond to the Potanimicot river, so-called. 

Damages. Section 2. Said parties shall be liable to pay all dam- 

ages occasioned in any way to any person in his property 
in carrying this act into effect. If any person sustaining 
damage thereby fails to agree with the said parties in inter- 
est 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. 

Ownership. SECTION 3. Any fishery so created shall be deemed to 

be the property of the said parties and their heirs and 
assigns. 

^ke"iTi°°*° Section 4. No person without the permission of said 

aiew'ives.' partlcs or their heirs or assigns shall take, kill or haul on 

shore any alewives in the fishery so created by them. 

Penalty. Section 5. Wlioevcr violates any of the provisions of 

this act, or any of the regulations of the said parties in 



Acts, 1894. — Chap. 108. 87 

interest in said fishery, shall forfeit not less than five nor 
more than fifty dollars for each offence, to be recovered 
by prosecution before any court in the county of Barn- 
stable having jurisdiction of the same. Said forfeiture 
shall accrue to the benefit of the parties in interest in said 
fishery. 

Section 6. All prosecutions under the preceding sec- Prosecutions. 
tion shall be instituted within thirty days from the time 
the offence was committed. 

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

A2y2>f'oved March 14, 1894. 

An Act to confirm a certain agreement between the city (77ia7?.108 
OF boston and the town op southborough relating to 

THE building OF A WATER BASIN IN SAID TOWN, AND TO AU- 
THORIZE THE EXECUTION OF THE SAME. 

Be it enacted, etc., as folloivs: 

Section 1. The agreement signed by a committee of ^ff,?e™and 
the town of Southborough, claiming to act for the inhab- confirmed. 
itants of said town, and by the Boston water board, claim- 
ing to act for the city of Boston, said agreement relating 
to the building in said town of a basin for the water supply 
of the city of Boston, and dated the fourteenth day of 
February in the year eighteen hundred and ninety-four, 
is hereby ratified and confirmed as a contract between said 
city of Boston and said town of Southborough ; and said 
city and said town may do the things therein agreed upon. 
"^ Section 2. Said city may by its water board do and ^afer'^r^Vts'"^^' 
perform the acts and doings which it has agreed in said etc. 
contract to do, and may take in fee, hy purchase or other- 
wise, any lands, rights in lands, waters or water rights, 
which it deems necessary in carrying out said agreement, 
including any lands used for any part of the town, county 
or other public ways which it may discontinue, as specified 
in said agreement. 

Section 3. Said board in order to take any lands, a description 
rights in lands, waters and water rights aforesaid, shall to u'e recorded. 
sign and cause to be recorded in the registry of deeds for 
the county and district in which such lands, rights in lands, 
waters or water rights are situated, a description thereof, 
as certain as is required in a common conveyance of land, 
with a statement that the same are taken for the purposes 
of the water supply of said city, and the lands, rights in 
lands, waters and water rights described in said descrip- 



88 Acts, 1894. — Chap. 109. 

tion shall, upon such recording, be taken for said city ; 
' and any part of a county, town or other public way speci- 
fied in said agreement shall, upon the filing of a descrip- 
tion thereof in the office of the county commissioners of 
the county in which the same is situated, satisfactory to 
said commissioners, be changed in grade, altered or dis- 
continued, as stated in such description. 

Damages. SECTION 4. Said city shall be liable to pay all damages 

that shall be sustained by any persons in their propei'ty 
by the taking of or injury to any land, real estate, water 
or water rights, or by the flowage of the lands of any per- 
sons, or by the interference with or injury to any use or 
enjoyment of any waters to which any person at the time 
of such taking is legally entitled, or by any other doings 
under this act, lor by any change of grade, alteration or 
discontinuance of a highway or town way by said board, 
such damages to be determined by agreement between said 
board and person ; and if they cannot agree said board or 
person may, within three years after the date of such re- 
cording, change of grade, alteration or discontinuance of 
a way as aforesaid, file in the otfice of the clerk of the 
superior court for the county in which such property is 
situated, a petition for a jury to determine such damages, 
and thereupon, after such notice as said court shall order, 
the damages so sustained shall be determined by a jury in 
said court, in the same manner as damages for lands taken 
for highways are determined, and costs shall be taxed and 
execution shall issue in favor of the prevailing party as in 
civil cases. 

1872, 177, §4, Section 5. Nothino- contained in this act shall be so 

to apply. " , , ^ 

construed as to alter the provisions ot section four of chap- 
ter one hundred and seventy-seven of the acts of the year 
eighteen hundred and seventy-two, or to take away any 
of the rights or privileges thereby granted. 

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

Approved 3farch 14, 1894. 

CJlCip.lOQ An Act to extend the time within which watson whittleset 

IS authorized to build a bridge across the CONNECTICUT 
RIVER. 

Be it enacted, etc., as foUoics : 

amendld ^ ^' Sectiou ouc of chapter two hundred and nineteen of 

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



Acts, 189^. — Chaps. 110, 111. 89 

hereby amended by striking out in the third line thereof, 

the word " ninety-five ", and inserting in phice thereof, tlie 

word : — ninety-eight, — so as to read as follows : — Sec- Bridge may be 

tioii 1. Watson Whittlesey and his heirs and assigns may, Connecticut 

before the first day of January in the year eighteen hun- '^"^'''" 

dred and ninety-eight, 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 Mosher street, a public highway 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 provisions of section 

two of chapter three hundred and forty-four of the acts of 

the year eighteen hundred and eighty-five. 

Approved March 14, IS 94. 



Ax Act to AUTnoRizE the city of boston to pay a sum of rij.^,^ 110 

MOKEY TO THE FATHER OF GEORGE B. CALLAN. -^ 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Bos- May pay salary 

. , . , • • J.! • 1 J. to father of 

ton, actmg as county commissioners, are authorized to pay George B.cai- 
to John Callan, fiither of George B. Callan late an ofiicer '''°- 
in the superior court of the county of Suftblk, the balance 
of the salary of such officer for the year eighteen hundred 
and ninety-three to which he would have been entitled had 
he lived and continued to be such officer until the end of 
said year ; but no part thereof shall be paid by the Com- 
monwealth. 

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

Approved March 15, 1S94. 



An Act to repeal sections fifty-four and fifty-five of njinjj 111 

CHAPTER SIXTY OF THE PUBLIC STATUTES RELATING TO THE 
appointment of ASSAYERS of ORES AND METALS AND THEIR 
DUTIES. 



Be it enacted, etc., as follows: 

Section 1. Sections fifty-four and fifty-five of chapter p. s.go,§§54, 
sixty of the Public Statutes, relating to the appointment 
of assayers of ores and metals and their duties, are hereby 
repealed : provided, that nothing herein contained shall 



55, repealed. 



90 Acts, 1894 — CiiArs. 112, 113, 114. 

T)G construed as affoctiii''' any action that may l)e ponding 

under said sections at the time of the ])assa_<j^e of this act. 

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

Approved March 15, 18'J4. 

GhcilJ.W.^ -^N Act to autuouize the city of isoston to pay a sum of 

MONEY TO THE 'VVIOOW OF DANHCL M. HAMMOND LATE A I'UO- 
liATlON OFFICEU OF THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 
Miiy ]);.y Huiiiiy [Wq board of ahleruien of the city of Boston, actinor as 

to wiuow ot . . 1 • 1 1 • 1 

DuniuiM.Hiini- couiity commissiouers, are authorized to pay to the widow 
of Daniel M. Hammond late a prol)ation officer of the 
county of Suffolk, the balance of the salary for the year 
eighteen hundred and ninety-three to which he would 
have boon entitled had he lived and continued to be such 
officer until the end of said year; but no i)art thereof 
shall be paid by the Commonwealth. 

Approved March 15, 1S94. 

C'Ji(fl) 113 ^^ ''^^^ ^*^ I'KOTECT SALMON FUY IN THE MEKKIMAC UIVEH. 

Be it enacted, etc., as follows: 

!>aimonny.°^ Section 1. The commissioners on inland fisheries 

and game shall cause to l)e erected and maintained during 
the months of April, May and June, wire screens at Wm 
entrance of the canals in IjowoII and Lawrence, for the 
better protection of salmon fry in the Merrimac Iviver. 

ft^'^frl?,?!'"^' Section 2. The cost of erecting and maintaining said 

etc., screeuti. o _ o 

screens shall be borne by the companies owning and 
operating said canals. 

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

Approved March 15, 1S94. 

C/7l(l7).'\.\4: ^^ -^^"^ MAKING AN APPHOPUIATION FOR THE EXPENSES OF IN- 
VESTIGATING THE QUESTION OF A WATEU SUPPLY' FOR THE CITY 
OF UOSTON AND ITS SUlJUKliS. 

Be it enacted, etc., as follows : 
Appiopiiutiou. Section 1. The sum hereinafter mentioned is ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, to wit : — 
fS'r^citVof'^'^ For such expenses as may be necessary to carry out 
Bostou.eic. the provisions of the act relative to procuring a water 



Acts, 1894. — CiiArs. 115, 116, 117. 91 

supply for the city of Boston and its sulmrbs, as provided 
for in chapter four hundred and fifty-nine of the acts of 
the year eighteen hundred and ninety-tliree, a sum not 
exceeding twenty-five thousand dollars, the same to be in 
addition to the fifteen thousand dollars appropriated l>y 
chapter four hundred and eighty of the acts of the year 
eighteen hundred and ninety-three. 

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

Approved March 15, 1894. 



Chap.115 



An Act to change the name of the granite tuust company; 
Be it enacted, etc., as follows: 

Section 1. The name of the Granite Trust Company Name changed, 
is hereby changed to the Puritan Trust Company. 

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

Approved March 15, 1894. 

An Act relating to public parks in the city of camuridge. nj.f,ry^ IIA 
Be it enacted, etc., as follows: 

Section 1. Section four of chapter three hundred and ibqs.sst, §4, 
thirty-seven of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out in the 
third line, the word " and", and by inserting in the fourth 
line, after the word " })etterments ", the words: — issuing 
of bonds and borrowing of money, — so as to read as 
follows : — Section 4. All the rights, powers and author- Park commis. 
ity given to the city of Cambridge by this act and by said dutieifeTc."' 
chapter, except for the taking of land, assessment of bet- 
terments, issuing of bonds and borrowing of money, shall 
be exercised by said city, subject to all duties, liabilities 
and restrictions herein contained, through a board of per- 
sons to ))e appointed by said city, who shall be styled park 
commissioners. 

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

Approved March 15, 1894. 



Chap.lll 



An Act to prevent persons from unlawfully wearing tiii: 
insignia of the union veteran legion. 

Be it enacted, etc., as follows: 

Any person not a member of the Union Veteran Legion, union veteran 
who shall wilfully use or wear the insignia of said order for ll^«"*°> '"""8- 
the purpose of representing that he is a member thereof, 



92 Acts, 1894. — Chaps. 118, 119, 120. 



shall be punished by fine not exceeding twenty dollars or 
by imprisonment in the house of correction not exceed- 
ing thirty days, or by both such fine and imprisonment. 

Approved March 15, 1894. 

(JflCfp^WS -^^ ^CT TO ABOLISH THE REGULAR SITTING OF THE SUPERIOR 
COURT FOR CR'IL BUSINESS FOR THE COUNTY OF AYORCESTER ON 
THE MONDAY NEXT AFTER THE FOURTH MONDAY OF AUGUST. 

Be it enacted, etc., asfolloivs: 
Superior court, xhc regular sitting of the superior court for the county 
Worcester. of Worccstcr for civil business on the Monday next after 

the fourth Monday of August is hereby abolished. 

Approved March 15, 1894. 

Chan 119 '^ ^^^ ^^^ ^^^^ protection of the PUBLIC HEALTH IN THE 
^ ' CITY OF BOSTON. 

Be it enacted, etc., as folloios: 

Paving, etc., of SECTION 1. Whenever the board of health of the city 

prn ate passage- ^^ Bostou shall adjudgc that the public health requires 
and shall order that the surface of any private passageway 
in said city shall be paved or otherwise provided with a 
road bed, the owners of said private passageway shall 
forthwith pave or lay said road bed in accordance with 
said order and in a manner and with materials satisfac- 
tory to said board. 

Objections. Sectiox 2. In casc of objection by am^ owner of 

property to the paving of such private way that may be 
so ordered, the board of health, or a majority thereof, 
shall view the premises and, if so desired, give a hearing 
to parties interested. 

Enforcement. SECTION 3. Any justicc 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 4. This act shall take efiect upon its passage. 

Approved March 15, 1894. 



Chap.120 ^ ^^CT IN RELATION 

BENEFIT OF MARRIED WOMEN. 



TO LIFE INSURANCE POLICIES FOR THE 
[T OF 3 

Be it enacted, etc., asfolloirs: 

Policies to inure Section 1. Evcrv Dolicv of life insurance made pay- 
to benetitof mar- •^^v.-ii^- ^ X .. _ a. 'J. 

ried women, etc. ablc to or for the bcneht oi a married woman, or after its 



Acts, 1894. — Chap. 121. 93 

issue assigned, transferred, or in any waj^ made payable 
to a married woman, or to any person in trust for her or 
for her benefit, whether procured by herself, her husband 
or by any other person, and whether the assignment or 
transfer be made by her husband or by any other person, 
shall inure to her separate use and benefit, and to that of 
her children, subject to the provisions of section seventy- 
three of the Massachusetts Insurance Act of eighteen hun- 
dred and eighty-seven, relating to premiums paid in fraud 
of creditors ; and provided^ further , that all such policies Proviso, 
may be surrendered in the manner provided by section 
seventy-six of said Massachusetts Insurance Act of eighth 
een hundred and eighty-seven, which section shall apply 
to the same. 

SECTiOiSr 2. This act shall take efl'ect upon its passage. 

Approved March 15, 1894. 

An Act making appkopriations for the Massachusetts sol- Qhari 121 

DIERS' HOME, TOPOGRAPHICAL SURVEY AND MAP OF MASSA- 
CHUSETTS, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED BY 
LAW. 

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain resolves of the present year, and for 
certain other expenses authorized by law, to wit : — 

For the publication of a bulletin of committee hearings, committee 
as authorized by chapter one of the resolves of the present 
year, a sum not exceeding one thousand dollars. 

For a suitable memorial over the grave of Governor Memorial to 
John Hancock, in the Granary burying ground in the city Hancock^ 
of Boston, as authorized by chapter three of the resolves 
of the present year, a sum not exceeding three thousand 
dollars. 

For the mother of Beniamin J. Sullivan, as authorized ^o*^®'".^^, 

J ' Benjamin J. 

by chapter four of the resolves of the present year, the suiuvan. 
sum of seven hundred and sixty dollars. 

For the widow of the late David Hall Rice, as author- widow of David 
ized by chapter five of the resolves of the present year, 
the sum of one hundred eighty-seven dollars and ten 
cents. 

For the trustees of the soldiers' home in Massachusetts, Trustees of soi. 

diara' home. 



94 



Acts, 1894. — Chap. 121. 



Gypsy moth. 



Second and 

Thirty-third 

regiments 

Xfassachusetts 

volunteers. 



Samuel Hill- 
man. 



Normal school 
at Framingham, 



Military and 
naval historian- 



Widow of 
Alfred A. 
Woodbury. 



Widow of 
George M. 
Brooks. 



Reporter of 
decisions of 
supreme 
judicial court. 



Boundary lines 
of cities and 
towns. 



Bureau of stalls, 
tics of labor. 



as authorized by chapter eight of the resolves of the pres- 
ent year, the sum of thirty thousand dollars. 

For printing the special report of the state board of 
agriculture on the work of the extermination of the oc- 
neria dispar or gypsy moth, as authorized by chapter nine 
of the resolves of the present year, a sum not exceeding 
four hundred dollars. 

For tlie erection of a monument to commemorate the 
services of the second and thirty-third regiments of Mas- 
sachusetts volunteers at Chattanooga, as authorized by 
chapter ten of the resolves of the present year, a sum 
not exceeding one thousand dollars. 

For Samuel Hillman, as authorized by chapter eleven 
of the resolves of the present year, the sum of two hun- 
dred dollars. 

For the payment of certain bills incurred in improving 
the sanitary condition of the normal school building at 
Framingham, as authorized by chapter twelve of the re- 
solves of the present year, a sum not exceeding one 
thousand dollars. 

For the salary and expenses of the state military and 
naval historian, as authorized by chapter fourteen of the 
resolves of the present year, a sum not exceeding two 
thousand forty-three dollars and thirty-four cents, the 
same to be in addition to the amounts heretofore appro- 
priated during the present year for the same purpose. 

For the widow of the late Alfred A. Woodbury, as 
authorized by chapter fifteen of the resolves of the pres- 
ent year, the sum of eight hundred and eighty dollars. 

For the widow of the late George M. Brooks, as author- 
ized by chapter sixteen of the resolves of the present 3'ear, 
the sum of twelve hundred and twenty-five dollars. 

For extra disbursements and expenses in the office of 
the reporter of decisions of the supreme judicial court, 
as authorized by chapter seventeen of the resolves of the 
present year, the sum of seven hundred eleven dollars and 
ninety-four cents. 

For continuing the determination by triangulation of 
the boundary lines of the cities and towns of the Com- 
monwealth and marking said boundary lines, and other 
expenses in connection with the work, a sum not exceed- 
ing thirteen thousand one hundred dollars, as authorized 
by chapter eighteen of the resolves of the present year. 

For the paj^ment of certain bills incurred by the bureau 
of statistics of labor in excess of appropriations there- 



Acts, 1894. — Chaps. 122, 123. 95 

for during the year eighteen hundred and ninety-three, the 
sum of three hundred three dollars and ten cents. 

For printing reports of capital trials, under the direc- Capinu trials. 
tion of the attorney-general, a sum not exceeding fifteen 
hundred dollars. 

For expenses in connection with protecting the water Reforraatory 
supply at the reformatory prison for women, a sum not women.°'^ 
exceeding fifteen hundred dollars, as authorized by chapter 
nineteen of the resolves of the present year. 

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

Approved March 16, 1894. 



ChapA22 



Ax Act to authorize the holyoke street railway' company 

TO CONSTRUCT AND OPERATE ITS RAILWAY OVER PRIVATE PROP- 
ERTY AND ACQUIRE SAID PROPERTY BY PURCHASE OR LEASE. 

Be it enacted, etc., as follows: 

Section 1. The Holyoke Street Eailway Company Mayconstmct 

•^ '^ ^ "^ aud operate its 



ate 
etc. 



may construct and operate its railway over such private railway over 
property as it may acquire, by purchase or lease, within propertyrei 
the cities and towns where its construction and operation 
are now authorized, subject to the limitations prescribed 
by section two of this act, and subject also to such condi- 
tions and limitations as may be imposed by the board of 
aldermen of the cities or by the selectmen of the towns in 
which its tracks are located. 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 
railway. 

Section 2. The location of said street railway outside Location. 
of public streets and highways shall not exceed fifty feet 
in width, except for station purposes. 

Ap2yroved March 16, 1894. 

An Act to incorporate the ayer likrary. Chnn 12^ 

Be it enacted, etc., as follows : 

Section 1. Benjamin H. Hartwell, George J. Burns, The Ayer Li- 
John H. Whitcomb, Patrick Donlon, Junior, William U. raTe'd.'°*'°'^^°' 
Sherwin, Levi Wallace and their associates and successors, 
to be determined and elected as hereinafter provided, are 
made a body corporate by the name of The Ayer Lil)rary, 
for the purpose of establishing and maintaining in the 
town of Ayer an institution to aid in the advancement and 



96 



Acts, 1894. — Chap. 123. 



Management 
and control of 
property, etc. 



Corporation. 



Trustees, 
powers, duties, 
etc. 



Trustees, num- 
ber, term of 
office, etc. 



diffusion of education and learning by means of a library 
free to all the inhabitants of said town ; with all the powers 
and privileges and subject to all the duties, restrictions 
and liabilities set forth in all general laws which are now 
or may hereafter be in force applicable to such corpora- 
tions and not inconsistent with this act. 

Section 2« Said corporation shall, upon its organiza- 
tion and the acceptance of this act by the corporators 
herein named and by said town, have the title, possession, 
management and control of all the property, real and 
personal, now held by the said town and used and devoted 
to the purposes of a public library, and shall in relation 
thereto perform and discharge, on behalf of said town, 
any and all duties and trusts subject to which the same or 
any part of said property is now held by said town. Said 
corporation may hold other property, real and personal, 
by purchase, gift, grant, devise or bequest, not exceeding 
two hundred thousand dollars in value, for the purpose of 
a pul)lic library, and all gifts, grants, devises and bequests 
shall ])e held and used by said corporation for the purpose 
and upon the conditions therein named, provided the same 
are not inconsistent with the provisions of this act. 

Section 3. Said corporation shall consist of the six 
incorporators and their successors, and also the trustees to 
be elected by the said town as hereinafter provided. 

Section 4. The persons hereinbefore named as corpo- 
rators under this act, with three persons to be selected by 
the town of Ayer as hereinafter provided, shall constitute 
the trustees of said corporation, and shall have the entire 
possession, management, control and direction of its affairs, 
and shall choose from their number a president, secretary 
and treasurer and prescribe the duties of each, and from 
time to time may make, for the use and management 
of said library, its property and funds, such by-laws and 
regulations not inconsistent with this act as they may 
deem best. 

Section 5. The number of the trustees shall be nine 
and they shall be residents of said town. Three of them 
shall be elected, one for the term of three years, one for 
the term of two years and one for the term of one ^ear, 
by the town of Ayer at any legally called meeting of the 
voters of said town held after the passage of this act, at 
which meeting this act may be accepted, and thereafter 
one of said three trustees shall be chosen annually by the 



Acts, 1894. — Chap. 124. 97 

said town for the term of three years. Any vacancy oc- 
curring at any time, by death or otherwise, in the board 
of trustees in the office of any member who has been duly 
elected by said tow^i, may be filled by election l)y the town 
at its annual meeting or at a special meeting called for that 
purpose. Any vacancy occurring in the office of the other Vacancy. 
members of said board or their successors shall be filled 
forthwith by the said other members of said board surviv- 
ing. 

Section 6. The town of Ayer, so long as a liljrary Appropriation 
free to all the inhabitants of said town is maintained 
therein, under and in conformity with this act, is hereby 
authorized to approj^riate and pay money in aid of such 
institution in the manner authorized by law for the estab- 
lishment, maintenance or increase of a public library ; 
and said trustees may receive and use, in conformity with 
this act, all such appropriations. 

Sectiox 7. The trustees shall annually make a report Trustees* 
to said town of their doings and of the financial condition '^^^^'^ ' 
of the said corjaoration, and shall serve as trustees without 
compensation. Approved March 16, 1894. 



Cha2y.l24: 



Ax Act to establish ax alewife fisheky ix the towx of 

WAKEIIAM. 

Be it enacted, etc., as follows : 

Section 1. The Tremont Nail Company is hereby introduction 
authorized to make the necessary improvements for the aiewives^et^c. 
introduction and taking of alewives, salmon and shad in 
the Parker Mills pond and the Tihonet pond, so-called, in 
the town of Wareham, and to construct fishways and out- 
lets from said ponds through the dams to the Wankinco 
river, so-called. 

Section 2. The said Tremont Xail Company shall be Damages. 
liable to pay all damages that shall be sustained by any 
person in his property in carrying into eftect this act. If 
any person sustaining damage as aforesaid shall not agree 
with the said parties in interest as to the amount of dam- 
ages to be paid he may have his damage assessed in the 
manner provided by law in respect to land taken for high- 
ways. 

Section 3. Any fishery so created shall be deemed to ownership. 
1)6 the property of the said Tremont Nail Company and 
its successors and assigns. 

Section 4. No person without the permission of said Not to take, 

-\T •! /^ • -11 etc., without 

Tremont Nail Company or its successors or assigns shall permission. 



98 Acts, 1894. — Chaps. 125, 126. 

take, carry or haul on shore any ale wives, salmon or shad 
in said ponds and river. 

Penalty. SECTION 5. Whocver violates any of the provisions 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 ofl'ence, 
to be recovered by prosecution before any court in the 
county of Plymouth having jurisdiction of the same. 
Said forfeiture shall accrue to the benefit of the town of 
Wareham. 

Prosecutions. SECTION 6. All prosccutious Under the preceding sec- 
tioD shall be instituted within thirty days from the time 
the oftence was committed. 

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

Ap2)rovecl March 16, 1894. 

ChaV'^^5 "^^ "^*^^ ^^ AUTHORIZE THE CONSTRUCTION OP FENDERS ABOUT 
THE PIVOT PIER AND THE ADJACENT PIERS OF THE HAVERHILL 
BRIDGE BETWEEN THE CITY OF HAVERHILL AND THE TOWN OF 
BRADFORD. 

Be it enacted, etc., as follows : 
J°ndefa^Iholt. Section 1. The county commissioners of the county 
bin" rid ^e*^"'^" ^^ Essex are hereby directed, authorized and empowered, 
if in their judgment public necessity and convenience re- 
quire, subject to the provisions of chapter nineteen of 
the Public Statutes, to construct a fender about the pivot 
pier, and timber fenders about the adjacent piers, of the 
Haverhill bridge, between the city of Haverhill and the 
town of Bradford. 
^c^o^f c°o°u^°'' Section 2. The said county commissioners, after said 
rebuilding and extension is completed, shall, after due 
notice to the parties interested and after hearing such 
parties, proceed to determine, apportion and assess on 
said county and said city of Haverhill, and said town of 
Bradford, such amount as they shall deem just for the 
cost of said work. 

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

Ajjproved March 16, 1894. 

C]lttn.V2.Q ^^ ■^^'^ ^^ RELATION TO THE ELECTION OF ASSESSORS OK STAND- 
ING COMMITTEES OF PARISHES AND INCORPORATED RELIGIOUS 
SOCIETIES. 

Be it enacted, etc. , as follows : 
Assessors of Section 1 . The asscssors or members of the standing 

parishes, etc., f_^^a-iw . . ^ ^ ^ ^ ^ — , 

election and comuiittee of parishcs and incorporated reliffious societies 

terna of o&ce. •■■ j. <_, 



Acts, 1894. — Chaps. 127, 128, 129. 99 

in this Commonwealth may be elected for such term of 
office, not exceeding three years, as said parishes and 
societies may by vote or by-law prescribe. Said vote or 
by-law may also provide that the terms of office of said 
assessors or members of the standing committee may 
expire in different years. 

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

Approved March 16, IS 94. 



An Act authorizing the commissioners of pilots for the (^/^^^p,|27 

HARliOR OF boston TO CONSULT AND ADVISE WITH THE ATTOR- 
NEY-GENERAL ON QUESTIONS OF LAW RELATING TO THEIR OFFI- 
CIAL BUSINESS. 

Be it enacted, etc. , as foUoics : 

The attorney-general shall, when required by the com- Attomey-gen. 
missioners of pilots for the harbor of Boston, consult and etc. "'^ '"^^' 
advise with them on cjuestions of law relating to their of- 
ficial business. Approved March 16, 1894. 



Cha2).l2S 



An Act to authorize guardians to give written leases of 
the real estate of their wards. 

Be it enacted, etc., as follows: 

Section 1. The probate court may, on petition of a Guardian may 
guardian, if after due notice and hearing thereon it appears fe'a8^e7etc. 
to be necessary or expedient, authorize such guardian to 
give a written lease for a term of years, of any real estate 
of his ward. 

Section 2. The petition shall set forth a description Description of 
of the real estate, the reason why it is necessary or ex- "^^^ ** '*'*'' ^ '^' 
pedient to give a written lease, and the length of the term 
thereof, and the decree of the court upon such petition 
shall fix the term and the amount for which said real estate 
may be leased. 

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

Approved March 16, 1894. 

An Act in relation to the granting of licenses for the (7/iar).129 

SALE OF intoxicating LIQUORS. 

Be it enacted, etc., as follows: 

Section 1 . Chapter two hundred and twenty of the is82, 220, not to 
acts of the year eighteen hundred and eighty-two shall not fi'es pre^vwusTy 
be construed to prevent the granting of a liquor license ^"^'^ "P' ^^''' 



100 



Acts, 1894. — Chap. 130. 



to be exercised on premises previously fitted up and oc- 
cupied as a place for selling liquor under a license, and by 
a party or parties who have held a license of the corre- 
sponding grade the year before, although said premises 
shall be within four hundred feet of a building used tem- 
porarily in whole or in part for school purposes, if such 
temporary use will terminate permanently within one year 
from the granting of said license. 

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

A2)2>roved March 16, 1894. 



C7itt».130 ■^'^ -^^^ ^*^ ABOLISH FA 



ST DAY AND TO MAKE THE NINETEENTH 
DAY OF APRIL A LEGAL HOLIDAY. 



Fast day 

abolished. 

Repeal. 



P. S. 2, § 34 ; 
77, §8; 160, §4; 
1882.49; 18S7, 
263, § 1, 
amended. 



April nine- 
teenth a legal 
holiday. 



1888, 254, to 
apply. 



Be it enacted, etc., as folloivs: 

Section 1. Fast day, so-called, is hereby abolished. 

Section 2. All laws relating to the observance of Fast 
day, as a public holiday, are hereby repealed. 

Section 3. Section thirty-four of chapter two of the 
Public Statutes is hereby amended by striking out in the 
second line, the word "Fast". Section eight of chapter 
seventj'-seven of the Public Statutes is hereby amended 
by striking out in the second and third lines, the words 
"Fast or". Section four of chapter one hundred and 
sixty of the Public Statutes is hereby amended by strik- 
ing out in the second line, the word "Fast". Chapter 
forty-nine of the acts of the year eighteen hundred and 
eighty-two is hereby amended by striking out in the third 
line, the word " Fast". Section one of chapter two hun- 
dred and sixt^^-three of the acts of the year eighteen hun- 
dred and eighty-seven is hereby amended by striking out 
in the fifth line, the word " Fast". 

Section 4. The nineteenth day of April in each year 
is hereby made a legal public holiday to all intents and 
purposes, in the same manner as Thanksgiving and 
Christmas daj^s, the twenty-second day of February, the 
thirtieth day of Ma}^ the fourth day of July and the first 
Monday of September, are now by law made public 
holidays. 

Section 5. The provisions of chapter two hundred 
and fifty-four of the acts of the year eighteen hundred and 
eighty-eight shall apply to the nineteenth day of April. 

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

A2)proved March 16, 1894. 



Acts, 1894. — Chaps. 131, 132. 101 



An Act to provide for operating the north metropolitan (JJinj) 131 

SYSTEM OP SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providino* for the cost sewage disposal 

Ai. i ~ for certain 

01 the maintenance and operation ot the system or sewage ciues. 
disposal for the cities of Boston, Cambridge, Somerville, 
Maiden, Chelsea, Woburn, Medford and Everett, and the 
towns of Stoneham, Melrose, Winchester, Arlington and 
Belmont, known as the north metropolitan system, there 
shall be allowed and })aid out of the treasury of the Com- 
monwealth a sum not exceeding forty-three thousand dol- 
lars during the year eighteen hundred and ninety-four. 
Section 2. This act shall take etiect upon its passage. 

Approved March 17, 1894. 

An Act relative to precinct voting in towns at annual rijffjj) IQO 

ELECTIONS. -^ 

Be it enacted, etc., as folloics : 

Section 1. Towns which have been or shall hereafter Precinct voting 

■LT-iij. 'J. tj.1 •• /> j_- at annual town 

be divided into precincts, under the provisions or section elections. 
one hundred and one of chapter four hundred and seven- 
teen of the acts of the year eighteen hundred and ninety- 
three, may, for their annual election in February, March 
or April, establish precinct voting for all town officers to 
be chosen at said election and for voting on the question 
of granting licenses for the sale of intoxicating liquors in 
the town, subject to all the provisions of law now apply- 
ing to precinct voting in towns at national or state 
elections. In towns voting to accept the provisions of 
this act all matters to be considered at the annual town 
meeting, other than the election of town officers and votes 
on the question of granting licenses for the sale of intoxi- 
cating liquors in the town, shall be brought before the 
town at a meeting to be held within thirty days after the 
date of the annual election, and in no case later than the 
thirtieth day of April. The time and place of holding subsequent 
such subsequent meeting shall be stated in the warrant '"'^^ '°^' ^ '^' 
for the annual election provided for by this act ; and said 
election, subsequent meeting and its adjournments shall 
all be regarded as parts of the annual town meeting, and 
the election of a moderator shall be the first business in 
order at said subsequent meeting. 



102 



Acts, 1894. — Chap. 133. 



Town clerk and 
rearistrara of 



returns, etc. 



Recount. 



Sectiox 2. The town clerk, upon receipt of the re- 
votere tocanvass tums froui thc sevcral precincts, shall forthwith, in con- 
junction with the board of registrars or voters, canvass the 
same and shall immediately declare the result and shall 
notify the persons chosen as town officers in the manner 
provided in section two hundred and seventy-eight of 
chapter four hundred and seventeen of the acts of the 
year eighteen hundred and ninety-three ; and said chapter 
four hundred and seventeen is hereby made applicable to 
elections held under this act, in so far as the same is not 
inconsistent therewith. Petitions for the recounting of 
votes cast for any officer or officers shall be made to the 
board of registrars of voters, who shall conduct the re- 
count in conformity with the provisions and requirements 
of the laws relating thereto and shall have all the powers 
and duties of a moderator in like cases. Nothing in this 
act shall be construed as authorizing precinct voting in 
special elections of town officers to fill a vacancy or other- 
wise. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect upon its passage, 
l)ut shall not be binding upon any town until its accept- 
ance by a majority of the legal voters of the town present 
and voting thereon at a meeting legally called for the 
purpose, held at least fourteen days before the annual 
town meeting. Ap}yroved March 17^ 1894. 



Repeal. 



Not to be bind 
ing until 
accepted, etc. 



C^ap.133 



1887, 2U, § 29, 
amended. 



Purposes for 
which com- 
panies may be 
formed. 



An Act in relation to accident insurance. 

Be it enacted, etc., as foUoivs : 

Section 1. Section twenty-nine of chapter two hun- 
dred and fourteen of the acts of the year eighteen hundred 
and eighty-seven is hereby amended by striking out the 
fifth clause, and inserting in place thereof the following : — 
Fifth, To insure any person against liodil}^ injury or death 
by accident, or any person, firm or corporation against 
loss or damage on account of the bodily injury or death 
by accident of any person for which loss or damage said 
person, firm or corporation is responsil)le ; also by strik- 
ing out the seventh clause, — so as to read as follows : — 
Section. 29. Insurance companies may be formed as pro- 
vided in section thirty for any one of the following pur- 
poses, to wit : — 



Acts, 1894. — Chap. 133. 103 

First, To insure against loss or damage to property by Loss by sre, 
fire, liglitning, or tempest on laud, upon the stock or tempes^lniand. 
mutual plan. 

Second, To insure upon the stock or mutual plan, ves- Loss by perils 
sels, freights, goods, money, effects, and money lent on ° ' '^^^^' 
bottomry or respondentia, against the perils of the sea 
and other perils usually insured against by marine insur- 
ance, including risks of inland navigation and transporta- 
tion. 

Third, To guarantee the fidelity of persons in positions Guarantee of 
of trust, private or public, and to act as surety on official '^^^y>«*'=- 
bonds and for the performance of other obligations. 

Fourth, To insure against loss or damage to property steam bouer 
of the assured, or loss or damage to the life, person or ®^p'°'"°'^®- 
property of another for which the assured is liable, caused 
by the exj^losion of steam boilers. 

Fifth, To insure any person against bodily injury or Accident to 
death by accident, or any person, firm or corporation p®'"^°°^- 
against loss or damage on account of the bodily injury or 
death by accident of any person for which loss or damage 
said person, firm or corporation is responsil)le. 

Sixth, To insure against the breakao-e of plate 2:lass, Breakage of 

-,-,•... '^ ^ 1 & ' plate glass. 

local or in transit. 

Section 2. Section thirty-one of said act, as amended Jgss'm^^^' 
by chapter one hundred and forty-one of the acts of the amende! 
3 ear eighteen hundred and eighty-eight, is hereby amended 
by striking out in the tenth line, the words " of employers' 
liability insurance ", and by striking out all of said section 
from and including the word "ISTo", in the sixteenth line, 
and inserting in place thereof the following words : — 
]\lutual companies heretofore organized to transact em- 
ployers' liability insurance may continue such business 
under the fifth paragraph of section twenty-nine, as herein 
amended, and such companies shall be subject to the laws, 
so far as applicable, in relation to mutual tire insurance 
companies. No company shall be required to have on 
deposit with the treasurer of the Commonwealth an 
amount in excess of what is sufficient to enable it to com- 
l^ly with the laws of the states in which it transacts busi- 
ness ; and all sums in excess of this amount held on 
deposit with the treasurer of the Commonwealth or else- 
where shall be counted as of the surplus funds of the 
company, — so as to read as follows : — Section 31. No To do only 
corporation so formed shall transact any other business fled in charter. 



10^ 



Acts, 1894. — Chap. 133. 



Minimum 
capital of 
certain stock 
CompaDies. 



Deposit with 
the treasurer of 
the Common- 
wealth. 



Insurance 
against bodily 
injury or death 
by accident. 



than that specified in its charter and articles of association. 
Companies to insure plate glass may organize with a 
capital of not less than one hundred thousand dollars. 
Companies so formed insuring marine or inland risks 
upon the stock plan shall have a capital of not less than 
three hundred thousand dollars. Companies so formed 
for the transaction of fire insurance on the stock plan, 
of fidelity insurance, of accident insurance, or of steam 
boiler insurance, shall have a capital of not less than two 
hundred thousand dollars. Companies may be so formed 
to insure mechanics' tools and apparatus against loss by 
fire for an amount not exceeding two hundred and fifty 
dollars in a single risk, with a capital of not less than 
twenty-five thousand dollars, divided into shares of the 
par value of ten dollars each. Mutual companies here- 
tofore organized to transact employers' liability insurance 
may continue such business under the fifth paragraph of 
section twenty-nine, as herein amended, and such com- 
panies shall be sul)ject to the laws, so far as applicable, in 
relation to mutual fire insurance companies. No com- 
pany shall be required to have on deposit with the 
treasurer of the Commonwealth an amount in excess of 
what is sufiicient to enal)le it to comply with the laws of 
the states in which it transacts business ; and all sums in 
excess of this amount held on deposit with the treasurer 
of the Commonwealth or elsewhere shall be counted as of 
the surplus funds of the company. 

' Sectiox 3. Xo foreign insurance company hereafter 
admitted to do lousiness in the Commonwealth shall be 
authorized to transact more than one class or kind of 
insurance therein. But any company, domestic or foreign, 
engaged in this Commonwealth in the sole business of life 
insurance may, in connection therewith, also engage in 
the business of insuring against bodily injury or death 
by accident, by increasing its capital to the amount now 
required of two separate companies engaged in either one 
of these two classes of business ; and no company now or 
hereafter admitted shall be allowed to transact both of 
said classes of business unless it possesses an aggregate 
capital equal to that required of two separate companies 
>t. engaged in either one of these classes of business. 

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

Apj)7'oved March 17, 1894. 



Acts, 1894. — Chap. 134. 105 

An Act relating to the fisheries in bass river. CV^(7».134 

Be it enacted, etc., as folloivs : 

Section 1. The selectmen of the towns of Yarmouth Jnl^^anntr^of 
and Dennis, or a majority of them, are hereby authorized taking fieh in 

* 13(188 river etc 

and empowered to meet together annually, on or before 
the twentieth day of April, at such place as shall be agreed 
upon l)y the chairmen of the respective boards, and at that 
meeting or any subsequent meeting previous to the twen- 
tieth day of April in each year shall prescribe the times, 
places and manner of taking herring or alewives, perch, 
salmon and trout in Bass river, at the mouth thereof, or in 
the ponds and streams connected therewith, and they may 
appoint some suitable person or persons to take the same 
and shall tix the compensation to be paid therefor ; or may 
grant permits to suitable persons, being inhabitants of one 
of said towns, to catch any of said tish in the said river or 
the ponds and streams connected therewith, and fix the 
compensation to be paid to said towns for such permits, 
and shall determine the quantity of said fish which each 
family in said towns shall receive from such catches, and 
estal)lish the price therefor ; and when directed by a vote 
of both of said towns may sell, at auction or otherwise, 
the right of fishing in said river and its waters to one or 
more persons for a term of not more than five years at 
one sale, upon such terms and conditions as the said towns 
or said selectmen may direct : provided, that nothing in Proviso. 
this section shall be construed to prevent any person, 
being an inhabitant of either of said towns, from taking 
fish with natural or artificially baited hook and hand line, 
under such regulations as said selectmen may prescribe. 

Section 2. The net proceeds of the said fisheries shall dh°ded''.^ '° ''^ 
be divided equally between the towns of Yarmouth and 
Dennis. 

Section 3. The said selectmen, or a majority of them, obstruction of 
are hereby authorized and empowered to cause the natural * ^*^*' 
streams through which the said fish pass to be kept open 
and without obstruction ; to remove such obstructions 
as may be found therein and to make the passageways 
wider and deeper if they shall judge necessary. And 
the said selectmen, or either of them, by paying a reason- 
able consideration therefor if demanded, shall have au- 
thority for said purposes to go on the land of any person 
through which said streams run, without being considered 



106 



Acts, 1894. — Chap. 134. 



Certain vessels, 
etc., to be 
seized. 



as trespassers ; and aii}^ person who molests or in any 
way hinders the said selectmen, or either of them, in the 
execution of the duties of their office, or obstructs any 
passageway in said Bass river or in the ponds or streams 
connected therewith, otherwise than as allowed l)y said 

Penalty. Selectmen, shall be punished by fine not exceeding twenty 

dollars for every such ofi'ence. 

Penalties for Sectiox 4. Whocver takcs anv herring or ale wives, 

ing, etc., of fish, perch, salmon or trout in Bass river or m the ponds and 
streams connected therewith, or within half a mile in any 
direction from the mouth of said river, at any time or 
place or in any manner other than may be allowed by said 
selectmen, shall for each offence be punished by fine not 
exceeding ten dollars if the quantity of fish so taken is 
less than one barrel ; but if the quantity of fish so taken 
is one barrel or more, shall be punished by fine not ex- 
ceeding forty dollars and not less than ten dollars for each 
barrel of fish so taken. 

Section 5. If any vessel, boat or craft shall be found 
within the limits of said river or the ponds or streams 
connected therewith, or within half a mile of the mouth 
of said river, with any more of said fish on board the 
same than is allowed by said selectmen, or if any person 
or persons, with any such vessel, boat or craft, shall be 
detected in taking or in attempting to take any of said 
fish in any manner diflerent from that prescribed by said 
selectmen, or with seines, nets or other instruments of a 
kind or size diflerent from that established by said select- 
men, it shall be the duty of said selectmen, or either one 
of them, to seize such vessel, boat or craft, seine or other 
instruments and detain the same not exceeding forty-eight 
hours, in order that the same may be attached by due 
process of law and made answerable for the fines and for- 
feitures incurred, with costs of suit. 

Section 6. All fines and forfeitures incurred under 
this act shall accrue, one half to said towns of Dennis and 
Yarmouth and the other half to the person who shall 
prosecute for the same, excepting that when said select- 
men or either one of them shall prosecute, then the for- 
feitures shall accrue wholly to the said towns, to be 
recovered by complaint in any court having jurisdiction 
of the same. 

Repeal. SECTION 7. Chapter thirty-seven of the acts of the 

year eighteen hundred and forty-nine, and all acts or parts 
of acts reorulati.no- the fisheries in Bass river or the ponds 



Fines and for 
feitures. 



Acts, 1894. — Chaps. 135, 136, 137, 107 

and streams connected therewith which are inconsistent 
with the provisions of this act, are hereby repealed. 

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

Approved March 17, 1894. 

An Act to extend the powers of the benevolent fraternity (JJlCip,1S5 
OF churches in the city of boston. 

Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter twenty-four of the 1839.24, §2, 
acts of the year ei,o:hteen hundred and thirty-nine is hereby "" 
amended by inserting in the fifth line, after the word " in- 
struction ", the words : — and the improvement, — by in- 
serting after the word "poor", in said line, the words : — 
and persons who have no usual place of religious worship, 
— and by adding at the end of said section, the words : — 
and vicinity, — so as to read as follows : — Section 2. ^Yp^erionaf' 
Said corporation may hold real and personal estate : ^9?'o- estate. 
vided, the same shall not exceed in its annual income the 
sum of seven thousand dollars, exclusive of their chapels 
and the land on which they stand, to be appropriated to 
the moral and religious instruction and the improvement of 
the poor and persons who have no usual place of religious 
worship in the city of Boston and vicinity. 

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

Approved March 17, 1894. 

An Act to provide clerical assistance for the clerk of /^/i^/t^IQA 
the supreme judicial court for the commonwealth. ^ ' 

Be it enacted, etc., as foUoics: 

Section 1. The clerk of the supreme judicial court for clerical 
the Commonwealth shall receive, in addition to the sum ***'" ""'^^' 
now allowed him by law, the sum of five hundred dollars 
a year for clerk hire, to be paid in monthly instalments. 

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

[The foregoing was laid before the Governor on the four- 
teenth day of March, 1894, and after five days it had the 
'■^ force of a law," as prescribed by the Constitution, as it was 
not returned by him ivith his objections thereto within that time.'\ 

An Act relating to reinsurance. Chciiy.\37 

Be it enacted, etc., as folloivs: 

Section 1 . If any company authorized to transact the swom report to 
business of insurance in this Commonwealth shall directly insurance com- 

miseiouer, etc. 



108 



Acts, 1894.— Chap. 137. 



Proviso. 



1887, 2U, § 56, 
amended. 



insurance. 



or indirectly contract for or effect any reinsurance of any 
risk or part thereof taken by it, it shall make a sworn 
report thereof to the insurance commissioner at the time 
of tiling its annual statement, or at such other time as he 
may request; and such reinsurance, except so far as it is 
in companies authorized to do business in this Common- 
wealth, shall not reduce the reserve required of it or the 
taxes to be paid by it, or increase the amount it is author- 
ized to have at risk in any town or fire insurance district. 
No lire insurance company shall insure in a single hazard 
a larger sum than one tenth of its net assets : provideO, 
however^ that a mutual boiler insurance company of this 
Commonwealth may insure in a single risk an amount not 
exceeding one fourth of its net assets. 

Section 2. Section tifty-six of chapter two hundred 

and fourteen of the acts of the year eighteen hundred and 

eighty-seven is hereby amended by striking out in the 

ninth and tenth lines, the words "by reinsurance or", 

Limit to amount so as to rcad as follows: — Section 56. No insurance 

or certam in- • /• • 

company shall insure in any one town or nre insurance 
district established under the provisions of chapter three 
hundred and seventy-five of the acts of the }'ear one 
thousand eight hundred and seventy-two on property 
other than dwellino- houses, farm buildings and their con- 
tents, an amount exceeding its net assets. And when 
from any cause a company has at risk in any town or fire 
insurance district an amount as aforesaid in excess of its 
net assets, it shall forthwith by cancellation of policies 
and return of unearned premiums thereon to the insured 
reduce the amount of insurance to the authorized limit. 
But no policy shall be cancelled until after notice to the 
holder. Every company shall on or before the fifteenth 
day of January in each year return to the insurance com- 
missioner a sworn statement of the amount taiven or held 
by it at risk in each town or fire insurance district on the 
thirty-first day of December next preceding, and shall 
furnish such other statements and comply with such rules 
and regulations as the commissioner may deem expedient 
to require and adopt to procure trustworthy information 
of the premises. 

Section 3. Section twenty of chapter two hundred 
and fourteen of the acts of the year eighteen hundred and 
eighty-seven, chapter three hundred and sixty-eight of 
the acts of the year eighteen hundred and ninety-one, and 



Repeal. 



Acts, 1894. — Chaps. 138, 139. 109 

chapter forty-seven of the acts of the yeav eighteen hun- 
dred and ninety-two, and all acts and parts of acts incon- 
sistent herewith, are hereby repealed. 

Section 4. This act shall take eftect upon its passage. 
. Approved March 20, 1894. 

Ax Act relative to the term of office of the prudential f^j.^^-. IQQ 

COMMITTEE OF THE AMERICAN BOARD OF COMJVnSSIONERS FOR -^ * 

FOREIGN MISSIONS. 

Be it enacted, etc., as foUoivs: 

Section 1. The members of the prudential committee Term of office. 
of the American Board of Commissioners for Foreign 
Missions may be elected for a term of one year, or for a 
longer term, as said corporation by its by-laws shall from 
time to time determine. 

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

Approved March 20, 1894. 

An Act relative to staying proceedings in insolvenct. C'/^ff?9.139 

Be it enacted, etc., as follows: 

Section one hundred and fifteen of chapter one hundred f^gnJe^' ^ ^^^' 
and fifty-seven of the Public Statutes is hereby amended 
by striking out the first four lines, and inserting in place 
thereof the words: — When a person or corporation has 
committed any act of insolvency from which he or it 
should be equitably relieved, as arising from accident, 
mistake or other sufiicient cause, he or it may apply by 
petition to the judge before whom proceedings against 
him or it are pending for a, — also by striking out in the 
eighth and ninth lines, the words " he proves ", and insert- 
ing in place thereof the words : — it is proved, — also by 
inserting in the ninth line, after the word "he", the 
words : — or it, — so as to read as follows : — Section 115. Proceedings 

■\\r\ ' ^ • 1 may be stayed 

When a person or corporation has committed any act of incasesofiDsou 
insolvency fi-om which he or it should be equitably accid^ent,'^e"c^. 
relieved, as arising from accident, mistake or other suffi- 
cient cause, he or it may apply by petition to the judge 
before whom proceedings against him or it are pending 
for a stay of the proceedings, and after such notice to the 
petitioning creditor as the judge orders, or without notice, 
if the urgency of the case does not allow notice to be given, 
the proceedings may be stayed by an order of the judge 



110 



Acts, 1894. — Chaps. 140, 141. 



until a hearing ; and if upon tiie hearing; it in proved to 
the satisfaction of the judge that he or it is in fact solvent, 
or that for any other cause the proceedings ought to be 
stayed, the judge shall order the proceedings to be stayed 
and dismissed. Approved March 20, 1894.^ 



Cost and main- 
tenance of dam 
and fishway at 
Glen Charley. 



C'/i«79.140 -^ -^^'^ '^^ AUTHORIZE THE TOWNS OF PLYMOUTH AND WAREHAM 
TO CONTRIBUTE TO THE MAINTENANCE OF THE ALEWIFE FISHERY 
OF THE HALF WAY POND AND AGAWAM RIVER. 

Be it enacted, etc., as foUoivs: 

Section 1 . The towns of Wareham and Plymouth are 
respectively authorized to contribute such portion of the 
money derived from the alewife fishery of the Half Way 
pond and the Agawam river in said town of Wareham, as 
they may respectively determine, toward defraying the 
cost or maintenance of the dam and fishway at Glen 
Charley in said Wareham, and for the purpose of improv- 
ing said fishery ; or said towns may respectively raise 
money by taxation and apply the same to the purposes 
aforesaid : provided, that two thirds of the voters present 
and voting at a legal meeting called for the purpose shall 
so vote in each town. 

Section 2. Nothing in this act contained shall be con- 
strued to make either of said towns of Plymouth or Ware- 
ham liable in any way for the cost or maintenance of said 
dam or fishway, nor for any injury to persons or property 
arising therefrom. 

Section 3. No right or authority is given under this 
act to the inhabitants of the said towns, or either of them, 
to enter upon, molest, disturb or in any manner interfere 
with any dam upon said stream or private property upon 
the borders of said river, without the consent of the 
owner or owners thereof. 

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

Approved March 21, 1894. 



Plymouth or 
Wareham not 
liable. 



Restrictions 
upon inhabi- 
tants. 



Chcqy.Ul 



Name changed. 



An Act to change the name of l'union des ouvriers. 
Be it enacted, etc. , as folloivs : 

Section 1. The name of L'union des Ouvriers is 
hereby changed to L'union St. Joseph. 

Section 2. This act shall take efi'ect upon its passage* 

Approved March 21, 1894. 



Acts, 1894. — Chaps. 142, 143. Ill 



An Act relating to the compensation of special justices and (JJian.l4:'2 

CLEKKS PRO TEMPORE IN THE INFERIOR COURTS. 

Be it enacted, etc., as folloios: 

Section 1 . In computing the per diem pay of special f ""^^^g °^j 
justices and clerks pro tempore of the inferior courts, included. 
Sundays and legal holidays shall not be included as days 
in which the said courts are open for business. 

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

Approved 3Iarck 21, IS 94. 

An Act to consolidate the Massachusetts agricultural QJiriq^ I43 

EXPERIMENT STATION WITH THE EXPERIMENT DEPxVRTMENT OF 
THE MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc., as folloios : 

Section 1. The Massachusetts agricultural experiment consolidation of 
station, located at the Massachusetts agricultural college Hatcii experi- 
in Amherst, may ])e transferred to and consolidated with '"^°* station. 
the experiment department of the said college now known 
as the Hatch experiment station, in the manner herein- 
after provided. 

Section 2. The board of control of the said Massa- Transfer of 
chusetts agricultural experiment station, at any meeting etl!"'^' ^^*^''*' 
duly called for such purpose, may, by a vote of two thirds 
of the members present, authorize the transfer of all the 
rights, leases, contracts and property, of every kind and 
nature, of said station and board, to the trustees of the 
Massachusetts agricultural college ; and the said trustees 
may, at any meeting duly called for such purpose, accept 
the same for said college in behalf of the Commonwealth, 
whereupon such transfer shall be made by suitable con- 
veyance ; and when such transfer shall be made the said 
board of control shall cease to exist and the said Massa- 
chusetts agricultural experiment station shall be deemed 
to be a part of, and to belong to, the experiment depart- 
ment of said college, under such name as said trustees 
may designate. 

Section 3. The tiiistees of said college shall there- Trustees to con- 
after continue to carry on the experimental and other menurwork, 
work for which the Massachusetts station was established, ^"^• 
and to administer and apply all the property and funds 
that may be received by them hereunder, and by virtue 
hereof, for such purposes. They shall also from time to 



112 



Acts, 1891. — Chap. 144. 



Appropriations 
aud payments 
by Common- 
'wealth. 



time print and publish bulletins containing the results of 
any experimental work and investigations, and distribute 
the same to such residents and newspapers of the Com- 
monwealth as may apply therefor. 

Section 4. Nothing herein contained shall operate to 
affect or discontinue the annual appropriations and pay- 
ments thereof made and to be made by the Commonwealth 
for the proper maintenance of experimental work, under 
section six of chapter two hundred and twelve of the acts 
of the year eighteen hundred and eighty-two and section 
one of chapter three hundred and twenty-seven of the acts 
of the year eighteen hundred and eighty-five ; and the 
payment of said appropriations shall hereafter be made to 
the treasurer of the !AIassachusetts agricultural college. 
Annual report, 'j'l^^j trustccs of Said collcgc shall make or cause to be 
made annually to the general court a detailed report of 
the expenditure of all such moneys, and such further re- 
port of the annual work of the experiment department of 
the college station as the trustees of the college shall deem 
advisable. 

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

Approved March 22, 1894. 



C/i«?9.144 "^^ ^^^^ KELATING TO THE MEMBERSHIP OF THE STATE BOARD OF 

AGRICULTURE. 



P. S.20, § 1. 
amended. 



Board of agri- 
culture, how 
constituted. 



Be it enacted^ etc., as follows : 

Section 1. Section one of chapter twenty of the Pub- 
lic Statutes is hereby amended by inserting in the second 
line, after the word " college ", the words : — the secretary 
of the board of agriculture, one person appointed from 
and by the Massachusetts society for promoting agri- 
culture, — so as to read as follows: — Section 1. The 
governor, lieutenant governor, and secretary of the Com- 
monwealth, the president of the agricultural college, the 
secretary of the board of agriculture, one person appointed 
from and by the Massachusetts society for promoting agri- 
culture, one person appointed from and by each agricult- 
ural society which receives an annual bounty from the 
Commonwealth, and three other persons appointed by the 
governor with the advice and consent of the council, shall 
constitute the state board of agriculture. 

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

Approved March 22, 1S94. 



Acts, 1894. — Chaps. 145, 146. 113 



Chajj.US 



An Act to authorize the taking of land for public lhsrary 

buildings. 

Be it enacted^ etc.^ as folloivs : 

Section 1. Section forty-one of chapter twenty-seven p. s.27, §4i, 
of the Public Statutes is hereby amended by inserting in 
the third line, after the words " erection of a town hall", 
the words : — or public library building, — and by insert- 
ino; in the same line, after the words " enlargement of its 
town hall", the words: — or public library building, — 
so as to read as follows: — Section 41. A town, at a Towns may take 

l£LllCl tor CGl'tilitl 

meeting held for the purpose, may take any land not public purposes, 
appropriated to public uses, within its limits, as a place 
for the erection of a town hall, or puljlic library building, 
or for the enlargement of its town hall or public liljrary 
Iniilding lot ; but no lot so taken or enlarged shall exceed 
in extent one acre. The town shall, within sixty days 
after such taking, file in the registry of deeds for the 
county or district in which the land is situated such a 
description of the land so taken as is required in a com- 
mon conveyance, and a statement of the purpose for which 
such land was taken, which description and statement shall 
be signed by the selectmen, or by a major part of them ; 
and the title of such land shall vest in such town from the 
time of such filing. 

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

Approved March 22, 1894. 

An Act relative to the investment oe municipal sinking C%^r).146 

FUNDS. 

Be it enacted, etc., as follows : 

Section 1 . Section eleven of chapter twenty-nine of a.^euledf ^^' 
the Public Statutes is hereby amended by inserting after 
the words *' sinking funds", in the sixth line of said sec- 
tion, the following words: — or in the temporary loan 
notes or certificates of their own city or town, which have 
been issued in anticipation of taxes, and mature within one 
year from their issuance, — and by striking out in the tenth 
line of said section, the words "when required in their 
judgment", and inserting in place thereof the following 
words : — whenever they deem it advantageous so to do, 
— so that the section as above amended shall read as 



114 Acts, 1894. — CuAr. 147. 

SusfoVersT^- f('^lf>'"'s : — Sectioii 11. The commissioners shall receive 

vestments, etc. all sums Contributed to a sinking fund, and shall invest 
and re-invest the same, and the income thereof as it 
accrues, in the name of the board, in the particular scrip, 
notes, or bonds for the redemption of which such sinking 
fund was established, or in other bonds of such city or 
town secured by sinking funds, or in the temporary loan 
notes or certificates of their own city or town, which have 
been issued in anticipation of taxes, and mature within one 
year from their issuance, or in the securities in which by 
law the funds of savings banks may be invested (except 
personal securities) ; but no portion of the same shall be 
loaned to the city or town except as herein provided ; 
and the commissioners may sell and re-invest such securi- 

Records, report, ^ies whcnevcr they deem it advantageous so to do. They 
shall keep a record of their proceedings ; and shall annu- 
ally, at the time when other municijDal officers are required 
to make their annual reports, make a written report to the 
city or town of the amount and condition of said funds and 
of the income thereof for the preceding financial year. The 
record of and the securities belonging to said funds shall 
at all times be subject to the inspection of the selectmen, 
mayor and aldermen, or of any committee of the city or 
town duly authorized for the purpose. The necessary 

Expenses. cxpenscs of the board shall be paid by the city or town ; 
and the treasurer and secretary thereof shall receive such 
compensation as shall be fixed by the city or town, but no 
commissioner shall receive compensation for his services. 

Securities not Whcu sccurities issucd by a city or town become a part 
of its sinking fund, the commissioners shall cause to be 
stamped or written on the face thereof a notice that they 
are a part of such sinking fund, and are not negotiable ; 
and all coupons thereof, as they become due and are paid, 
shall be cancelled. 

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

Approved March 22, 1894. 

CAa».147 ^^ -'^^'^ KELATIVE TO INSURANCE IN FOREIGN FIRE INSURANCE 

COMPANIES. 

Be it enacted, etc., as folloios: 

amlndld.^^^' SECTION 1. Scction eighty-threc of chapter two hun- 
dred and fourteen of the acts of the year eighteen hundred 
and eighty-seven is hereby amended by inserting in the 



Acts, 1894. — Chap. 147. 115 

eighteenth line, after tlie word " property ", the words : — 
provided, that such licensed person shall not be required 
to offer any portion of such insurance to any company 
which is not possessed of cash assets amounting to at least 
twenty-five thousand dollars, or one which has, within the 
preceding twelve months, been in an impaired condition, 
— so as to read as follows : — Section 83. The insurance insurance on 
commissioner, upon the annual payment of a fee of twenty ai°hoH Jed^ ""' 
dollars, may issue licenses to citizens of this Common- *=°"p»"'^«- 
wealth, subject to revocation at any time, permitting the 
person named therein to procure policies of fire insurance 
on property in this Commonwealth in foreign insurance 
companies not authorized to transact business in this Com- 
monwealth. Before the person named in such a license 
shall procure any insurance in such companies on any 
property in this Commonwealth he shall in every case 
execute and file with the insurance commissioner an affida- 
vit that he is unable to procure, in companies admitted to 
do business in the Commonwealth, the amount of insur- 
ance necessary to protect said property, and shall only 
procure insurance under such license after he has procured 
insurance in companies admitted to do business in this 
Commonwealth to the full amount which said companies 
are willing to write on said property : 2^^^ovided, that such Proviso. 
licensed person shall not be required to ofier any portion 
of such insurance to any company which is not possessed 
of cash assets amounting to at least twenty-five thousand 
dollars, or one which has, within the preceding twelve 
months, been in an impaired condition. Each person so Duties of 
licensed shall keep a separate account of the business done 
under the license, a certified copy of which account he 
shall forthwith file with the insurance commissioner, show- 
ing the exact amount of such insurance placed for any per- 
son, firm or corporation, the gross premium charged 
thereon, the companies in which the same is placed, the 
date of the policies and the term thereof, and also a report 
in the same detail of all such policies cancelled, and the 
gross return premiums thereon, and before reoeiving such 
license shall execute and deliver to the treasurer and re- 
ceiver general of the Commonwealth a bond in the penal 
sum of two thousand dollars, with such sureties as the 
treasurer and receiver general shall approve, with a con- 
dition that the licensee will faithfully comply with all the 
requirements of this section, and will file with the treas- 



116 Acts, 1894. — Chaps. 148, 149. 

urer and receiver general, in January of each year, a sworn 
statement of the gross premiums charged for insurance 
procured or placed and the gross returned premiums on 
such insurance cancelled under such license during the 
year ending on the thirty-first day of December next pre- 
ceding, and at the time of filing such statement will pay 
into the treasury of the Commonwealth a sum equal to four 
per cent, of such gross premiums, less such returned pre- 
miums so reported. 

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

Ax)proved March 22, 1894. 



(7A«7).148 -^^ ^^^ ^*^ AUTHORIZE THE BOARD OF LIBRARY COMMISSIONERS 
TO PURCHASE BOOKS FOB THE CUSHMAN LIBRARY IK BERNARDS- 
TON. 

Be it enacted, etc., as folloivs : 
Cushman SECTION 1. The boai'd of library commissioners is 

liorary in , ^ ^ 

Bernardston. authorizcd to cxpcnd a sum not exceeding one hundred 
dollars, for the purchase of books for the free public 
library, known as the Cushman library, in Bernardston. 
Section 2. This act shall take efiect upon its passage. 

Ajyproved March 22, 1894. 



ChCiP,\49 -^^ ^^'^ RELATING TO THE EXPENSE OP REBUILDING THURLOAV'S 
BRIDGE OVER THE PARKER RIVER IN THE TOAVN OF NEWBURY. 

Be it enacted, etc., as follows : 
Allowance to Section 1. The couiity commissionei's of the county 

town or "^ •^ 

Newbury. of Esscx may allow from the treasury of said county, to 

the town of Newbury, such sums of money as they may 
think just and equitable to indemnify it, in part, for the 
expense it has incurred or may incur in rebuilding the 
bridge known as Thurlow's bridge, over the Parker river 
in said Newbury at the point where the road from Dum- 
mer Academy in said Newbury to Newbury port crosses 
said river. 

May borrow SECTION 2. The Said commissioners if need be are 

hereby authorized to borrow money to meet the allowance 
made under the provisions of the preceding section. 

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

Ax>proved March 22, 1894. 



Acts, 1894. — Chaps. 150, 151, 152. 117 



An Act relative to the iiust congkegationat- church of (Jfin^ 150 

NANTUCKET. ■^* 

Be it enacted^ etc., as foUoics : 

Section 1 . Upon the formation of a corporation by Titie to certain 
3g'^ '""'"" 



the First Congregational Church of Nantucket, under the lilt ^^ ** ** " 
provisions of chapter four hundred and four of the acts '=°'^p°''^'»°°- 
of the year eighteen hundred and eighty-seven and acts in 
amendment thereof and in addition thereto, the title to the 
real estate conveyed by Lewis F. Buchanan and Caroline 
T. Buchanan to said church, by deed dated the twentieth 
day of February in the year eighteen hundred and ninety- 
three and recorded in Nantucket registry of deeds, book 
seventy-six, page five hundred and thirty-three, shall vest 
in said corporation, in the same manner as if said church 
had been a corporation at the time of said conveyance. 
And said corporation may thereafter sell and convey said 
real estate free and discharged of all trusts. 

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

Approved March 22, 1894. 



''- Chap.151 



An Act relating to vtvisection and dissection in the pub- 
lic SCHOOLS. 

Be it enacted, etc., as folloics : 

Section 1. No teacher or other person employed m vivisection in 
any public school of this Commonwealth shall, in the prohibited!'*'^' 
presence of any scholar in said school or any child or 
minor there present, practice vivisection, nor, in such 
presence, exhibit any animal upon which vivisection has 
been practised. 

Section 2. Dissection of dead animals or of any por- DiBsection. 
tions thereof, in the public schools of this Commonwealth, 
shall in no instance be for the purpose of exhibition, but 
shall be confined to the class-room and to the presence of 
pupils engaged in the study to be illustrated by such dis- 
section. 

Section 3. Any person violating the provisions of Penalty, 
this act shall be punished by a fine of not less than ten 
nor more than fifty dollars. Approved 3Iarch 22, 1894. 

An Act to incorporate the newton centre trust company, niyfj^) 152 
Be it enacted, etc., as follows : 

Section 1. Edward H. Mason, Mellen Bray, Austin Newton centre 
W. Benton, Robert H. Gardiner, Albert F. Haj^ward, incorporated!"^ 



118 Acts, 1894. — Chaps. 153, 154. 

Erastus T. Colburn and Joseph R. Leeson, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Newton Centre Trust Company, with 
authority to establish and maintain a safe deposit, loan 
and trust company in that part of the city of Newton 
called Newton Centre ; with all the powers and privileges 
and subject to all the duties, liabilities and restrictions set 
forth in all general laws which now are or may hereafter 
be in force relating to such corporations. 

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

Approved March 22, 1894. 

ChClV.^5S -^^ -^^'^ ^*^ ESTABLISH THE SALAKY OF THE SHERIFF OF THE COUNTY 

OF BARNSTABLE. 

Be it enacted, etc., as follows : 

ertabLhed. SectionI. The Salary of the sheriff of .the couuty of 

Barnstable shall be eight hundred dollars a* year. 

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

Approved March 22, 1894. 

ChCl'P.^54: -^^ -^^^ '^*^ AUTHORIZE THE CITY OF AVALTHAM TO ASSESS A BETTER- 
MENT TAX ON ACCOUNT OF ITS SYSTEM OF SEWERS. 

Be it enacted, etc., as follows : 

wauhimmay Sectiox 1. The board of aldermen of the city of 
adopt a system "Waltham may adopt a system of sewers, which may in- 

01 sewers. ^ ... 

elude any or all of the common sewers now laid in said 
city. The owners of estates situated upon a street or way 
in which a common sewer iii such system is laid shall each 
pay their proportional share of one half of the estimated 
average cost of all the sewers in said system, but no 
owner shall be assessed under this section unless a com- 
mon sewer is laid along the whole or a portion of that part 
Assessment of of the strcct Or way which abuts upon his estate. One 
of^constnictkfn. half of Said auiouiit, or one fourth of the estimated cost 
of said system, shall be assessed according to the value of 
the land as it was on the first day of October in the year 
eighteen hundred and ninety <-three, exclusive of buildings 
and improvements thereon, within a fixed depth from a 
street or way in which a common sewer is laid ; and the 
balance of such assessment, or one fourth of the estimated 
cost of the whole system, shall be assessed according to 
the area of the estates as they were on said first day of 
October in the year eighteen hundred and ninety-three 



Acts, 1894. — Chap. 154. 119 

within a fixed depth from a street or way in which a com- 
mon sewer in said system is laid. Lands owned })y the 
city of Waltham, lands used as railroad beds, and lauds 
held for cemetery purposes, shall not be included in such 
assessment. 

Section 2. The said board of aldermen, or some Authoritjrto 
board by it duly authorized, shall estimate the cost of mlntre^tc!^' 
such sewer system and shall levy an assessment as pro- 
vided in section one of this act, and the board having 
charge of such assessment shall transmit to the collector 
of taxes of said city a list of persons liable to such assess- 
ment, together with the amount due from each. Each per- 
son shall pay his assessment to the said collector within 
three months after said list has been so transmitted : pro- Provieo. 
vided, that the board having charge of such assessments 
may apportion any of the same into any number of equal 
parts, not exceeding ten, one of said parts to be paid within 
the time above provided and the other parts equally in the 
successive years thereafter, on or before the first day of 
November of each year, interest to be paid from the time 
of such assessment to the time of payment, at a rate not 
less than the rate paid l\y the city on its sewer bonds. 
The collector shall serve upon the i:)erson assessed, or upon Notice to be 

T . , r, .-, , , served on per- 

any person occupying or having charge ot the estate upon sons assessed, 
which the assessment is made, a notice stating the amount ®"^' 
due and the time when the same is payable. Such notice, 
placed in the mail, postage prepaid, addressed to the 
owner, occupant or person having charge of the estate 
assessed, within two months after said list is committed to 
the collector, shall be deemed a sufiicient notice under this 
section. 

Section 3. Assessments so made shall constitute a Assessment to 

• TTT.., /.-I constitute a 

lien on the portion oi such estates included in the fixed Heu, etc. 
depth determined under the provisions of section one of 
this act, for two years after the same are made and com- 
mitted to the collector for collection, or, in case of appor- 
tionment, for two years after the last part is due, and 
may, with incidental costs and expenses, be levied by sale 
of such estates if the assessment is not paid within three 
months after the list has been transmitted to the collector, 
or, if apportioned, within three months after each assess- 
ment is payable ; such sales to be conducted and the 
owners of such estates to have the same right to redeem as 
in case of sales for the non-payment of taxes. Such assess- 



120 



Acts, 1894. — Chap. 154. 



Persona 
aggrieved may 
apply for 
abatement. 



Lands not 
benefited, etc. 



Pro vise. 



Use of sewers 
by persons not 
assessed. 



1892, 245, § 1, to 
apply. 



ments may also be collected by action of contract brought 
any time within six years after the same are due. Any 
person aggrieved by such assessment may apply to the 
board having charge of the assessment for an abatement of 
the same, and shall be subject to the same restrictions as 
are provided by section seven of chapter two hundred and 
five of the acts of the year eighteen hundred and ninety. 

Sectiox 4. If any land situated upon a street or way 
in which there is a common sewer is, in the opinion of the 
board having charge of the assessment, so situated that it 
will be impracticable to use the common sewer, said board 
may omit such land from the assessment, or if such land 
is assessed the owner thereof may, within one month after 
notice of the assessment, apply to said board for an abate- 
ment of the whole or a portion of the assessment made 
upon such estate. If in the opinion of said board such 
land is not benefited by the common sewer as much as the 
amount of the assessment then said board may abate the 
whole of said tax or such part thereof as it deems reason- 
able ; and there shall be no appeal from the decision of 
said board under this section. The board having charge 
of the assessment, when requested by the owner, may ex- 
tend the time of payment of assessments upon estates not 
built upon until built upon, or for a fixed time : 2^^'ov^f^€(^i 
that interest at a rate not less than said city pays upon any 
loan for sewer purposes be paid annually upon the assess- 
ment from the time it was made ; and in such case the 
assessment shall be paid within three months after such 
estate is built upon, or after the expiration of such fixed 
time. If any assessment is invah'd in whole or in part for 
any reason whatever, or if any error is made in determin- 
ing the amount of any assessment, the same may be, in 
whole or in part, abated and reassessed. The owners or 
occupants of estates not liable to assessment, or not in fact 
assessed, may use the common sewers for the disposal of 
their sewage from said estate, by paying such reasonable 
sum as the board havino; charge of the assessment shall de- 
termine, but not otherwise ; and the estimated amount to 
be paid by such owners and occupants shall be deducted 
from the amount to be paid by abutters under section one 
of this act. 

Section 5. Nothing in this act shall abridge the rights 
of the city of Waltham under section one of chapter two 
hundred and forty-five of the acts of the year eighteen 



Acts, 1894. — Chaps. 155, 156, 157. 121 

hundred and ninety-two. A lien created by virtue of this 
act shall vacate previously existing liens on account of the 
adopting of a system of sewers in the city of Waltliam. 
Section 6. This act shall take eflect upon its passage. 

Approved March 22, 1894. 

An Act to extend the powers of the neavton theological (JJiajj 155 

INSTITUTION. 

Be it enacted, etc., as follows: 

Section 1. The Newton Theological Institution is May confer 
hereby granted, in addition to the powers conferred by 
chapter ninety-six of the acts of the year eighteen hundred 
and twenty-six, authority to confer degrees for special 
attainments in theological learning, or for important con- 
tributions to theological literature. 

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

Approved March 22, 1894. 



degrees. 



Chap. 156 



An Act relating to the occupation of the old cemetery in 
fairhaven by the old colony railroad company. 

Be ii enacted, etc., as folloivs: 

Section 1 . Chapter three hundred and fifty-one of the im, ssi, to be 
acts of the year eighteen hundred and eighty-seven, grant- lertahTco^ndi- 
ing certain powers to the Old Colony Railroad Company pi°ed wfth.*""" 
in respect to the Old Cemetery lot in the town of Fair- 
haven, shall become void unless said company shall com- 
plete the occupation of said Old Cemetery by its road, and 
the erection of a depot and station thereon, within seven 
years from the passage of the act aforesaid. 

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

Approved March 22, 1894. 

An Act to authorize the city of boston to release to john (JJki'Y) 1 ^7 

O'CONNELL certain LAND IN MARLBOROUGH. 

Be'it enacted, etc., as folloivs : 

Section 1. The board of water commissioners of the Release of cer- 
city of Boston is hereb}' authorized, with the consent of Madborough. 
the mayor of Boston, to abandon to the former owner all 
that parcel of land situated westerly of Maple street, in 
the city of Marll^orough, taken by the said city of Boston 
from John O'Connell, upon receiving from said O'Connell 
a release to the city of Boston of all claims for damages 



122 



Acts, 1894. — Chaps. 158, 159. 



and costs for the takinp: thereof, and to execute a deed of 
release to said O'Connell which shall revest the said par- 
cel of land in him as of his own estate in the same before 
taking. 

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

Approved March 22, 1894. 



Ch<Xp.'i.5S -^^ -^CT TO CHANGE THE NAME OF THE WENDELL PHILLIPS HALL 
ASSOCIATION AND TO EXTEND ITS POWERS. 



Name changed. 



Memorial of 

Wendell 

Phillips. 



Be it enacted, etc., as follows : 

Section 1. The name of the "Wendell Phillips Hall 
Association is hereby changed to the Wendell Phillips 
Memorial Association. 

Section 2. Said corporation may apply its funds to 
any memorial of Wendell Phillips which it may determine 
upon. 

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

Approved March 22, 1894. 



Chap.159 



The Channing 

Conference 

incorporated. 



May hold real 
and personal 
estate, etc. 



An Act to incorporate the channing conference. 
Be it enacted, etc., as foHoivs : 

Section 1. Job C. Tripp, Herbert L. Buzzell, Nathan- 
iel Pope, William F. Furman, William H. Spencer, Fred- 
erick N. Seabury, William T. Crandell, Joel Metcalf, 
Augustus M. Lord, Charles H. Sheldon, Levi M. Snow, 
Elbridge G. Paull and Joshua Delano, their associates and 
successors, are hereby made a corporation by the name of 
The Channing Conference, to be located in the city of 
Taunton, in the county of Bristol, for the purpose of the 
promotion of education, benevolence and religion, and for 
other lawful purposes, by establishing and maintaining a 
place or places for social and religious meetings, and by 
such other means as shall be expedient and lawful ; with 
the powers and privileges and subject to the duties, liabil- 
ities and restrictions set forth in the general laws which 
now are or may hereafter be in force applicable to such 
corporations. 

Section 2. Said corporation may acquire by gift, 
grant, devise or purchase, and hold for the purposes 
aforesaid, real and personal estate to the value of one hun- 
dred thousand dollars ; and said corporation may donate 
and transfer by deed, in the manner and under the con- 



Acts, 1894. — Chaps. 160, 161. 123 

ditions contained in the by-laws of the corporation, such 
sums of money, parcels of and interests in real estate and 
other property, to such persons, societies and objects as 
may be desirable and expedient in promoting and accom- 
plishing the purposes of said corporation. 

Section 3. The said corporation is hereby authorized Meetings. 
to hold annual or special meetings at any place within or 
without the Commonwealth where the same shall be duly 
called, in the manner provided by the by-laws, and a duly 
authenticated record of each said meeting shall be entered 
upon the records of the corporation and kept by the clerk 
or secretary at some place within this Commonwealth. 

Section 4. The property, real and personal, of said ^l°^.^l^f^Q^ 
corporation shall be exempt from taxation, in the same taxation. 
manner and to the same extent as the property of corpo- 
rations exempted from taxation by the provisions of chap- 
ter eleven of the Public Statutes. 

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

Approved March 22, 1894. 



Chapim 



An Act in relation to the treatment of avitnesses in custody. 
Be it enacted, etc., as follows : 

Section 1 . No officer having the custody of a witness Treatment of 
who has been committed because of his failure to furnish ^'st'o^dy? *" 
sureties shall permit him to be handcuffed to any person 
held in custody upon a sentence, or to any person so held 
who is charged with a violation of law, or to be transported 
within any city to or from any court or prison in a van or 
carriage with a person so held upon a sentence or charged 
with a violation of law. 

Section 2. Whoever violates the provisions of this act Penalty. 
shall be punished by a fine not exceeding twenty dollars. 

Approved March 22, 1894. 



Chap.lQl 



An Act to incorporate the city of beverly. 

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

Section 1. The inhabitants of the town of Beverly, in city of Beverly 
case of the acceptance of this act by the voters of said 
town as hereinafter provided, shall continue to be a bod}" 
politic and corporate, under the name of the City of Bev- 
erly, and as such shall have, exercise and enjoy all the 
rights, powers, privileges and immunities, and shall be 



124 



Acts, 1894. — Chap. 161. 



Government 
vested in mayor 
and city council, 
etc. 



Division into 
wards. 



Warrant for 
calling meetings 
of qualified 
voters. 



Municipal elec- 
tion and munic- 
ipal year. 



Election of 
mayor, city 
council and 
school com- 
mittee. 



Filling of 
vacancies. 



subject to all the duties and obligations pertaining to and 
incumbent upon the said town as a municipal corporation. 

Section 2. The government of the city and the gen- 
eral management and control of all the fiscal, prudential 
and municipal affairs thereof shall be vested in a single 
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 all the public schools of 
the city and of the buildings and property pertaining to 
such schools shall be vested in a school committee. 

Section 3. The territory of the city shall first be 
divided into six wards, in the manner hereinafter pro- 
vided. The number of wards may, in any year fixed by 
law for a new division of wards in cities, be changed by 
vote of the city council passed with the assent of tiie mayor 
at or prior to the making of such division ; but the num- 
ber of wards shall never be less than six. 

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

Section 5. The municipal election shall take place 
annually on the second Tuesday of December, and the 
municipal year shall begin at twelve o'clock, noon, on the 
first Monday of January, and continue until twelve o'clock, 
noon, on the first Monday of the following January. 

Section 6. At the municipal election the qualified 
voters shall, in the several wards, give in their votes by 
ballot for mayor and for members of the city council and 
of the school committee, or for such of them as are to be 
elected, and the person receiving the highest number of 
votes for any office shall be deemed and declared to be 
elected to such office ; and whenever two or more persons 
are to be elected to the same office, the several persons, 
up to the number required to be chosen, receiving the 
highest number of votes shall be deemed and declared to 
be elected. 

Section 7. If it shall appear that there is no choice 
of mayor, or if the person elected to that office shall refuse 
to accept the office or shall die before qualifying, or if a 
vacancy in the office shall occur more than four months 



Acts, 1894. — Chap. 161. 125 

previous to the expiration of the term of service of a 
mayor, the board of aldermen shall forthwith cause war- 
rants to be issued for a new election, and the same pro- 
ceedings shall be had in all respects as are hereinbefore 
provided for the election of major ; and such proceedings 
shall be repeated until the election of a mayor is com- 
pleted. If the full number of meml)ers 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 meml^er thereof shall occur more than four months pre- 
vious 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 city council shall 
occur within the four months previous to the expiration 
of his term of office, the city council may, in its discre- 
tion, order a new election to be held as aforesaid to fill 
the vacancy. 

Section 8. When no convenient wardroom for hold- Meeting may be 
ing the meetings of the qualified voters of a ward can l)e ward? * ^'^'^^^ 
had within the territorial limits of such ward, the board 
of aldermen may, in the warrant for calling a meeting of 
the qualified voters of such ward, appoint and direct that 
the meeting be held in some convenient place within the 
limits of an adjacent ward of the city ; and for such pur- 
pose the place so assigned shall be deemed and taken to 
be a part of the ward for which the election is held. 

Section 9. General meetings of the qualified voters General meet. 
of the city may from time to time be held according to voters! '^"''''^^'* 
the right secured to the people by the constitution of the 
Commonwealth, and such meetings may and upon the re- 
quest in writing of fifty qualified voters setting forth the 
purposes thereof shall be called. 

Section 10. The mayor shall be elected from the qual- ^uncn^efec!'^ 
ified voters of the city, and shall hold office for the munici- ^iou, term, etc. 
pal 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 term 
and until his successor is elected and qualified. He shall 
preside in the board of aldermen and in joint meetings 
of the two boards. 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 seven meml^ers, one of 



126 



Acts, 1894. — Chap. 161. 



Oath of office to 
mayor and 
members of 
city council. 



Certificate of 
oaths to be 
entered in 
journal. 



City council, 
organization, 
presiding offi- 
cers, city clerk, 
clerk of common 
council, etc. 



whom shall be elected annually by and from the qualified 
voters of the city at large. One member of the board of 
aldermen and three members of the common council shall 
be elected annually by and from the qualified voters of 
each ward ; they shall be residents in the wards where 
elected and shall hold ofiice for the municipal year next 
succeeding their election. 

Section 11. The mayor elect and the members elect 
of the city council shall, on the first ^Monday in January 
succeeding their election, at twelve o'clock, noon, assem- 
ble together and be sworn to the faithful discharge of their 
duties. The oath may be administered to the mayor by 
the city clerk, or by a judge of a court of record, or by a 
justice of the peace, and the oath may be administered to 
the members of the city council by the mayor, or by the 
city clerk, or by a justice of the peace. In case of the 
absence of the mayor elect on the first Monday in January, 
or if a mayor shall be subsequently elected, the oath of 
office may at any time thereafter be administered to him 
in the presence of the city council ; and at any time after 
the first Monday in January the oath of office may be 
administered in the presence of either branch of the city 
council to a member of such branch who was absent on 
the first Monday in January, or who shall be subsequently 
elected. A certificate that such oath has been taken by 
the mayor shall be entered in the journal of l)oth branches 
of the city council, and in the journal of each branch shall 
be entered a certificate that the oath has been so taken by 
the members of that branch. 

Section 12. Directly after the oaths of office have 
been administered each branch of the city council shall 
meet 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 eldest senior member present of 
the common council shall preside in the common council 
until a president has been chosen. The president of the 
board of aldermen shall preside in the board of aldermen, 
in the absence of the mayor, and in the absence of the 
mayor and of the president of the board the board shall 
elect by ballot one of their number president pro tempore. 
In the absence of the president of the common council it 
shall elect by ballot one of its members president pro 
tempore. The city council shall annually, as soon after 
its organization as may be, elect by joint ballot, in con- 



Acts, 1894. — Chap. 161. 127 

vention of the two branches, a city clerk, a city treasurer, 
a city auditor, a city solicitor, a city collector, a city 
physician, and a street commissioner who shall have the 
power of a surveyor of highways, and who shall hold their 
respective offices for the municipal year and until their 
successors are elected and qualified. The first city coun- Election of cer. 
cil elected under this act shall, as soon after its organiza- tive boards. 
tion as may be, elect by joint ballot, in convention of the 
two branches, a board of assessors, consisting of three 
persons, a board of overseers of the poor, consisting of 
three persons, a board of health, consisting of three per- 
sons, a water board, consisting of three persons, and a 
board of park commissioners, consisting of three persons, 
one of each respective board to serve for the term of three 
years, one for the term of two years and one for the term 
of one year ; and thereafter one member of each respective 
l)oard shall be elected in like manner annually by joint 
ballot, in convention of the two branches, to serve for the 
term of three years beginning with the first Monday in 
January next ensuing, in place of the members whose 
respective terms then expire. The city clerk shall also 
be the clerk of the l)oard 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 city cierk to be 
the faithful discharge of his duties, in the presence of the ^^ 
board of aldermen, by the president of the board or by a 
justice of the peace. The common council shall elect its 
own clerk, who shall be sworn to the faithful discharge of 
his duties, in the presence of the council, by the president 
or by a justice of the peace. Each clerk shall attend the 
sessions of the branch for which he is elected and shall 
keep a record of its proceedings and shall perform such 
further service as such branch may require. The presi- k^™o^»'^™°i 
dent of the board of aldermen may be removed from office 
by the affirmative votes of two thirds of all the members 
of the said board. The city clerk may be removed by the 
affirmative votes of two thirds of all the members of each 
branch of the city council. The president and clerk of 
the common council may each be removed by the affirma- 
tive votes of two thirds of all the members of the common 
council. In case of the temporary absence or disability 
of the city clerk the mayor may, with the consent of the 



128 Acts, 1894. — Chap. 161. 

board of aldermen, appoint a city clerk pro tempore, who 
Vacancy. shall be dulv swom. In case of a vacancy in the office 

the same shall be tilled by joint ballot, in convention of 
the two branches. The two branches may likewise by 
ordinance provide for the election by joint ballot, in con- 
vention, of a city messenger. 
City council to Sectiox 13. Each branch of the city council shall be 
tion"o/mem! '^'^ the judgc of the election and qualifications of its own 
bers, etc. members, shall determine the rules foi' its own proceed- 

ings, and may appoint such assistant clerks and other offi- 
cers as may be necessary for the proper conduct of its own 
business. 
Special meet- Sectiox 14. The mayor may at any time call a special 

ings of city • . • /» 

council may be meeting of the city council or of either branch thereof, by 
°^"^'^" causing a WTitten notice of such meeting, containing a 

statement of the subjects to be considered thereat, to be 
left at the usual place of residence of each member at least 
twenty-four hours previous to the time appointed for the 
meeting, and no other business shall he transacted at such 
special meeting. 
City council, Section 15. lu cacli branch of the city council a 

transaction of majority of the whole number of members provided to be 
elected shall constitute a quorum for the transaction of 
business, but a smaller numl)er may adjourn from time to 
time. The two branches shall sit separately for the trans- 
action of all business, and subsequent to the day of organi- 
zation they shall not both act on the same day upon a 
matter involving the appropriation or expenditure of 
money. 
Salary of mayor. SECTION 16. The city couucil 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 effect until the municipal 
year succeeding that in which the ordinance is passed. 
Votes on appro- Sectiox 17. All votcs of the city council making 

priations or ... i /> i n i • 'j. • i 

loans. appropriations or loans ot money shall be m itemized 

form, and when brought before the city council on recom- 
mendation of the mayor no item of the appropriation or 
loan in excess of the amount recommended by the mayor 
shall be passed except by the affirmative votes of two thirds 
of the members of each ])ranch present and voting thereon. 
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 



Acts, 1894. — Chap. 161. 129 

except as herein otherwise provided or by law required 
no expenditure shall be made or liability incurred for 
any purpose beyond the appropriations previously made 
therefor. 

Section 18. Either branch of the city council may sittings of cuy 
by special vote hold private sittings for the consideration ''°"°"'- 
of candidates for election, and the board of aldermen may 
likewise hold private sittings for the consideration of nomi- 
nations by the mayor, but all other sittings shall be puljlic 
and all votes on election and on confirmation of appoint- 
ments by the mayor shall be taken in public. 

Section 19. No member of the city council shall dur- Members of city 
ing the term for which he is elected hold any other office how cenafa° 
or position the salary or compensation for which is pay- "[^^"^ "^^^a, 
able 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. The city council shall have power within ordinances may 
said city to make and establish ordinances and to affix penalties 
thereto penalties for the violation thereof, as herein or by ^^^^^' ^'*^" 
general law provided, without the sanction of any court 
or of any justice thereof. All ordinances so made and 
established shall be forthwith published in one or more 
newspapers designated by the mayor, and they shall, un- 
less they contain an express provision for a later date, 
take effect at the time of their approval by the mayor, or, 
if a penalty for their violation is provided, at the expira- 
tion of thirty days from the day of such approval. 

Section 21. The city council shall, subject always to Laying out, etc., 
the approval of the mayor, have exclusive authority and waysfftc.^'^" 
power to order the laying out, locating anew and discon- 
tinuing of, and the making of specific repairs in, all streets 
and ways and all highways within the limits of the city ; 
to assess the damages sustained thereby by any person, 
and, except as herein otherwise provided, to act in matters 
relating to such laying out, locating anew, altering, dis- 
continuing or repairing ; but in all such matters action 
shall first be taken by the board of aldermen. Any per- 
son aggrieved by the action of the city council hereunder 
shall have all the rights and privileges now by law in simi- 
lar cases allowed in appeals from decisions of selectmen. 

Section 22. Except as herein otherwise provided the General powers 
city council shall in general have and exercise the legisla- ci"ty councir/ 
tive powers of towns and of the inhabitants thereof, and 



130 Acts, 1894. — Chap. 161. 

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 tlie selectmen of towns, and 
shall have all the powers and authority given to boards of 
aldermen of cities, and shall be subject to the duties im- 
posed upon such boards. 
Mayor to be Section 23. The mayor shall be the chief executive 

CUl&f f'XCCUtiVG 

officer, etc. ofBccr of the city, and the executive powers of the city 
shall be vested in him and be exercised by him either per- 
sonally or through the several officers and boards in their 
respective departments, under his general supervision and 
control. 

Tocaueeiaws, SECTION 24. The mavor shall communicate to the city 

ordinanceB, etc., ., , . ^ i • " i i ii i i 

to be enforced, council such intormatiou and shall recommend such meas- 
ures as in his judgment the interests of the city shall re- 
quire ; shall cause tiie 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 administrative and 
executive departments. 
wd'ofakier- SECTION 25. Ill casc of vacancy in the office of mayor, 
^K*;'i„^°.^^* '" or in case of his death, resignation or absence from the 

absence or . . ^ . . , 

mayor, etc. Commonwcaltli, or of his inability from any cause to per- 
form 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 permanent appointment or 
removal from office ; nor shall he, unless such disability of 
the mayor has continued at least ten days, or unless the 
office of mayor has become vacant, have power to approve 
or disap})rove any ordinance, order, resolution or vote of 
the city council. 

Mayor to SECTION 2G. The luavor shall appoint, subject to the 

appoint officers, . , . /»ii i/^ii iii 

confirmation by couhrmation or rejection or the board ot aldermen, all the 

board of alder- ^ j. , , .,"' i j_i • i j.- ' • i. i. 

men, etc. omccrs ot the City, unless their election or appointment 

is herein otherwise provided for. No such appointment 
made by the mayor shall be acted upon by the board of 
aldermen until the expiration of one week from the time 
when the appointment is transmitted to the board. Any 
officer so appointed may be removed by the mayor and 



Acts, 1894.— Chap. 161. 131 

board of aldermen, for such cause as they shall deem suffi- 
cient and shall assign in their order of removal, and the 
removal shall take elfect upon the tiling of the order there- 
for 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 lile and subject to public inspec- 
tion. 

Section 27. The mayor shall cause to be kept a record ^j|r"^'»' '■ecord, 
of all liis official acts, and for that purpose and to aid him 
in his official duties he may, without the confirmation of 
the board of aldermen, appoint one or more clerks, whose 
number and compensation shall be fixed by the city council. 

Section 28. The mavor shall, as often as once in each to caii hends of 

, 1 /• "^ 1 • . „ departments for 

month, call together tor consultation upon theaftairs of the consuitaiiou. 
city the heads of departments, who shall whenever called 
upon furnish such information relative to their respective 
departments as he may request. 

Section 29. The mayor shall, in the month of January Estimates for 
of each year, cause to be made to him by the heads of de- departments. 
partments and by all other officers and boards having au- 
thority to expend money, detailed estimates of the amounts 
deemed by them to be necessary for their respective de- 
partments for the financial year, which shall begin on the 
first day of January ; and he shall, not later than the first 
week in February, transmit such estimates to the city coun- 
cil, recommending appropriations for each department or 
purpose as he shall deem necessary therefor. 

Section 30. Xo sum appropriated for a specific pur- Appropriations 
pose shall be expended for any other purpose, and no ex- turet^^^^ ' 
penditure shall be made and no lial)ility incurred by or in 
behalf of the city until the city council has duly voted an 
appropriation sufficient to meet such expenditure or lia- 
bility, together with all prior unpaid liabilities which are 
payable therefrom, except that after the expiration of the 
financial year and before the making of the regular annual 
appropriations, liabilities payable out of a regular appro- 
priation may be incurred to an amount not exceeding one 
sixth of the total of the appropriation made for similar pur- 
poses in the preceding year. 

Section 31. The mayor shall annually require all fecefnsanV^ 
boards and officers intrusted with the receipt and expendi- expenditures to 
ture of public money, and with the care and custody of ** p" '^ ® • 
public property, to make particular and detailed state- 



132 



Acts, 1894. — Chap. 161. 



Establishment 
of additioual 
boards and 
offices. 



Reorganization 
of boards, etc. 



Administrative 
officers, oaths, 
official records. 



Treasurer, col- 
lector, etc., may 
be required to 
give bonds. 



Administrative 
boards, etc., 
may appoint and 
discharge sub- 
ordinates, etc. 



ments thereof, and shall cause such statements to be pub- 
lished for the information of the citizens. 

Section 32. The city council may from time to time, 
subject to the provisions of this act and in accordance with 
the general laws, if they exist in any particular case, 
provide by ordinance for the establishment of additional 
boards and other offices for the construction and care of 
the various pul)lic works and buildings, for the direction 
and custody of pul)lic parks, for the management and con- 
trol of a pul)lic library and a public hospital, and for other 
municipal purposes ; may determine the number and duties 
of the incumbents of such boards and offices, and for such 
purposes may delegate to such boards and offices the 
administrative powers given hy general laws to the city 
councils and boards 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 the number 
of persons constituting either of the boards above-speci- 
fied ; and when such increase has been made may subse- 
quently diminish the num])er, may increase or diminish 
the number of persons who shall perform the duties of an 
office or board hereafter estal)lished as above provided, 
and may abolish an office or board so hereafter established. 

Section 33. 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. All such boards and other officers 
shall keep a record of their official transactions, and such 
record shall be open to public inspection. By " officer", 
*' administrative officer", and "administrative board", 
are meant the city treasurer, city collector, city auditor, 
city solicitor, board of assessors, board of health, board 
of overseers of the poor, ])oard of park commissioners, 
water board, and street commissioner. 

Section 34. The city council may require the city 
treasurer, the city collector, the city auditor, and such 
other officers as are intrusted with the receipt, care or dis- 
bursement of money, to give bonds, with such security as 
it shall deem proper, for the faithful discharge of their 
respective duties. 

Section 35. The administrative boards and officers, 
and every administrative board and officer hereafter estab- 
lished by the city council having the charge of a depart- 



Acts, 1894. — Chap. 161. 133 

ment, shall have the power, except as herein otherwise 
provided, to appoint and employ and to discharge and 
remove all subordinate officers, employees, 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 36. The city council may estaldish a police Police depart- 
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 or rejection of the 
board of aldermen. 

Section '67. The city council may establish a fire Firedepart- 
department and provide for the appointment of a chief 
engineer and of other members of the department by the 
mayor, subject to the confirmation or rejection of the 
board of aldermen. 

Section 38. Every administrative board, through its AdminiBtrative 

, . 1 ',Yi 1 • 1 /• 1 *:; 1 boards, etc., to 

chairman, and every oincer having charge oi a department giveinforma 
shall, at the request of either branch of the city council, ''°°'''^'^' 
appear before it and give such information as it may re- 
quire in relation to any matter, act or thing connected 
with the discharge of the duties of such board or office ; 
and when so requested to appear the officer who appears 
shall have the right to speak upon all matters under con- 
sideration relating to his department. 

Section 39. The city council shall establish bv ordi- ^*'''^^j?l^°^,,® 

"^ . *-. 1 establisned by 

nance the salary or compensation ot every officer, clerk ordinance, etc. 
and assistants, and all other employees of the city ; but 
after the first municipal year no ordinance changing any 
such salary or compensation shall take effect until the 
municipal year succeeding that in which the ordinance is 
passed. 

Section 40. The management and control of the school 
schools of the city shall be vested in a school committee, e°ect?on,Term, 
consisting of members at large and meml^ers from wards. ^'°" 
At the first municipal election held under this act three 
members at large, of the school committee, who shall be 
inhabitants of the city, shall be elected by the qualified 
voters of the entire city, one to serve for the term of 
three years, one for the term of two years and one for the 
term of one year, beginning with the first Monday in 
January then next ensuing ; and thereafter one member 
at large of the school committee shall be elected in like 



134 Acts, 1894. — Chap. 161. 

manner at each annual municipal election, to serve for the 
term of three years beginning with the first Monday in 
the January next ensuing, in place of the member at large 
whose term then expires. At the first election so held 
six members of the school committee from wards, one 
being an inhabitant of each ward, shall be elected by the 
qualified voters of the entire city. Two of such members 
shall serve for terms of three years, two for terms of two 
years and two for terms of one year, beginning with the 
first Monday in the January next ensuing ; and their re- 
spective terms shall be assigned to them by lot directly 
after their election, by the selectmen of the town. At 
each subsequent annual municipal election the (jualified 
voters of the city shall elect two members of the school 
conmiittee from wards, which members shall be inhabi- 
tants of the same wards from which the members whose 
terms of ofiice then expire were elected, to serve for terms 
of three years as aforesaid. If however in any year there 
shall ])e a new division of the city into wards, the terms 
of ofiice of all the members of the school committee from 
wards shall expire at the end of the municipal year in 
which such division is made ; and at the municipal election 
occurring in such year, members from wards, as many in 
number as there are new wards, and one member being 
an inhabitant of each ward, shall be elected by the quali- 
fied voters of the city ; and the ma^^or shall by lot make 
such arrangement of the terms of the respective members 
of the school committee from w ards that the terms of one 
third of the members of the school committee, as near as 
may be, shall expire each year. 
Vacancy on SECTION 41. In case of a vacancy in the ofiice of a 

committee. 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 president of the board of 
aldermen shall preside, and such vacancy shall, by vote 
of a majority of all the members of the two bodies, be 
filled by the election of a member at large or of a member 
from a certain ward, according as the vacancy exists, to 
serve until the end of the numicipal year in which the 
warrant for the next annual numicipal election shall be 
issued ; and at such election the further vacancy, if any, 
shall be filled for the remainder of the unexpired term, in 
the same manner as the member whose ofiice is vacant was 
elected. 



Acts, 1894. — Chap. 161. 135 

Section 42. The school committee shall meet on the *^y'^f^°^*^\*Jf' 
first Monday in January in each year and organize by the 
election by l^allot of one of its members as chairman and 
by the election of a clerk. The committee shall be the 
judge of the election and qualification of its members and 
shall determine the rules for its proceedings. A majority 
of the whole number provided to be elected shall con- 
stitute a quorum for the transaction of business, but a 
smaller number may adjourn from time to time. 

Section 43. The school committee may elect a super- superintendent 

of SCllOOlS €tC» 

intendent of schools, and may appoint such other subor- 
dinate ofiicers and assivstants 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 their pleasure. 

Section 44. The school committee shall in the month Jg°j^at"of 
of January in each year submit to the mayor an estimate expenses for 
in detail of the amount deemed by it necessary to expend financial year. 
for its purposes during the succeeding financial year, and 
the mayor shall transmit the same, with the estimates of 
the departments, to the city council, and shall recommend 
such appropriation as he shall deem necessary. 

Section 45. Unless thereto required by law the school Ha°biirty?etc., 

committee shall cause no liability to be incurred and no beyond the 

«' specmc appro- 

expenditure to be made for any purpose beyond the spe- priation, etc. 

citic appropriation which maybe made therefor by the city 
council, except that after the expiration of the financial 
year and before the making of the regular annual appro- 
priations liabilities payable out of a regular appropriation 
may l)e incurred to an amount not exceeding one sixth of 
the total of the appropriation made for similar purposes 
in the preceding year. 

Section 46. The city council may determine that sal- members^of 
aries shall be paid to the members of the school committee, ^^^""'mge. 
may fix the amount thereof, and may change the same from 
time to time. 

Section 47. The removal of a member of the school wa'iTnot to**"" 
committee from the ward for which he was elected, to an- disqualify. 
other ward of the city, shall not disqualify him from dis- 
charging the duties of his office for the remainder of the 
term for which he was elected. 

Section 48. The general laws relating to the munici- Municipal in- 

, .i^. ,i~ .. debtedness, etc. 

pal indebtedness ot cities, the general laws requiring the 



136 



Acts, 1894. — Chap. 161. 



Present officers 
to continue 
until new 
organization. 



Pending legal 
proceedings, 
etc., not 
affected. 



Trust funds. 



Powers and 
duties of select, 
men when act 
takes effect. 



approval of the mayor to the doings of a city council or 
of either branch thereof, and relative to the exercise of the 
veto power by the mayor of a city, and the provisions of 
chapter three hundred and twenty of the acts of the year 
eighteen hundred and eighty-four and all acts in amend- 
ment thereof, shall have full force, application and efl'ect 
in said city. 

Section 49. All persons holding office in said town at 
the time when this act takes effect and becomes of force 
therein, as herein provided, shall continue to hold such 
offices until the organization of the city government here- 
by authorized shall be effected, and until their respective 
successors shall be chosen and qualified. 

Section 50. No suits, prosecutions or other legal pro-, 
ceedings in which said town is a party, pending at the 
time when this act takes effect in said town, and no rights 
then already accrued or penalties or forfeitures incurred 
under any such proceedings shall be affected or impaired 
by the taking effect of this act, and all by-laws of said 
town shall continue in force until repealed or superseded 
by ordinance. 

Section 51. Trust funds given to or held by said town 
shall continue to be held and administered by the city 
council of the city, and trust funds given to or held by 
the selectmen or other designated officers of the town shall 
continue to be held and administered by the mayor or by 
other officers of the said city having powers corresponding 
to those of the officers who formerly held and adminis- 
tered such funds. 

Section 52. Upon the taking effect of this act as 
herein provided the selectmen of said town shall forthwith 
divide the territory of the town into six wards, so that 
the wards shall contain, as nearly as may be consistent 
Avith well defined limits to each, equal numbers of voters, 
and they shall designate the wards by numbers. They 
shall for the purpose of the first municipal election to be 
held hereunder, which shall take place on the second 
Tuesday in December next succeeding such taking effect, 
provide suitable polling places in the several wards, and 
shall give notice thereof; and shall, at least ten days 
previous to such second Tuesday in December, appoint 
all proper election officers for such election ; and they 
shall in general have the powers and perform the duties 
of the mayor and the board of aldermen of cities under 



voters. 



Acts, 1894. — Chap. 161. 137 

the general laws relating to elections in cities, the pro- 
visions of which shall so far as applicable apply to such 
election ; and the town clerk shall perform the duties Town clerk. 
therein assigned to a city clerk. The registrars of voters Registrars of 
shall cause to be prepared and published, according to 
law, lists of the qualified voters in each of the wards 
established by the selectmen. 

Section 53. The selectmen shall notify of their elec- selectmen to 
tion the persons elected at the tirst election under this first elected, etc 
act, and shall provide and appoint a place for the first 
assembling of the mayor and city council, and for the 
meeting of the city council, on the first Monday in 
January next ensuing ; and shall by Avritten notices left 
at their respective places of residence at least twenty-four 
hours prior to such assembling, notify thereof the mayor 
elect and the members elect of the city council, who shall 
proceed to organize and carry into effect the provisions 
of this act, which shall then have full force and eflect. 
The selectmen shall in like manner provide and appoint a 
place and hour for the first meeting of the school commit- 
tee on the day aforesaid, and shall notify the members 
elect thereof. Nothing herein shall affect the annual Not toaffect 

O ^ /» 1 next annual 

meeting in said town which may be held next after the state election, 
taking eflect of this act for the election of national, state, 
district and county officers. 

Section 54. AH general laws in force in the town of J^nuei*nfo°rce. 
Beverly when this act shall be accepted as herein pro- 
vided, and all special laws heretofore passed with reference 
to said town of Beverly, which shall then have been duly 
accepted by said town and which shall be then in force 
therein, shall, until altered, amended or repealed, continue 
in force in the city of Beverly, so far as the same are not 
inconsistent herewith. 

Section 55. A meeting shall be called by the select- ^rmfJfnn°nf 

~ ^ ^ *^ ^ BUDmissioQ or 

men for the purpose of submittino- the question of the question of 
acceptance of this act to the legal voters of said town at 
any time after the passage thereof, except in the months 
of November and December. At such meeting the polls 
shall be open not less than eight hours, and the vote shall 
be taken by ballot, in accordance with the provisions of 
chapter four hundred and seventeen of the acts of the 
year eighteen hundred and ninety-three and of all other 
acts relating to town elections, so far as the same shall 
be applicable, in answer to the question: " Shall an act 



138 



Acts, 1894. — Chap. 162. 



When to take 
effect. 



passed by the creneral court in the year eighteen hundred 
and ninety-four, entitled, ' An act to incorporate the city 
of Beverly', be accepted?"; and the affirmative votes of 
a majority of the voters present and voting thereon shall 
be required for its acceptance. If at any meeting so 
called this act shall fail to be thus accepted, it may at the 
expiration of one year from any such previous meeting 
be again thus submitted for acceptance, but not after the 
period of three years from the passage thereof. 

Section 56. So much of this act as authorizes the 
submission of the question of its acceptance to the legal 
voters of said town shall take efiect upon its passage, but 
it shall not take fui-ther eifect unless accepted by the legal 
voters of said town as herein prescribed. 

Approved March 23, IS 94. 



May clear of 
obstructions, 
improve, etc., 
certain brooks 
and streams, 
etc. 



Ch(lV.lG2 ^^ ^C'^ "^'^ AUTHORIZE THE CITY OP MEUFORD TO CONTROL THE 
BROOKS AND STREAMS THEREIN, TO GUARD THEM AGAINST POL- 
LUTION, TO PROVIDE FOR BETTER DRAINAGE, AND TO PROTECT 
THE PUBLIC HEALTH. 

Be it enacted, etc., as follows : 

Section 1. The city of Medford is hereby authorized, 
through the commissioners of sewers of said city, to enter 
upon and clear of obstructions, and to improve, widen, 
deepen, straighten or change the course or channel of any 
brook or stream or of any part or parts of any brook or 
stream within its limits, and may conduct the waters of 
any brook or stream in any portion or portions fhereof 
through pipes or conduits, and for the purposes aforesaid 
said commissioners of sewers, acting for and in behalf of 
said city of Medford, may from time to time acquire by 
purchase, or take and hold in fee simple, land or lands 
within said city, not exceeding four rods in width, includ- 
ing any l)rook or stream or part or parts of any brook or 
stream wholly or partly within the boundaries of any land 
so purchased or taken, and may change the part or parts 
of the channel of such brook or stream outside of said 
]x)undaries so that the same shall be within said boun- 
daries ; and for the purposes of this act and of making such 
changes may enter into and upon any land, street or way 
and may do the work thereon necessary therefor, and 
may make such improvements on the land so taken or 



to be 



Acts, 1894. — Chap. 162. 139 

purchased as said commissioners shall deem necessary for 
the protection of the public health and for protecting 
such brook or stream against pollution, and may con- 
struct such walks or ways thereon as they may deem to 
be required by the public convenience. 

Section 2. When lands are taken otherwise than by Description of 
purchase said commissioners of sewers shall, within thirty recorded!'' 
days after said taking, cause to be recorded in the registry 
of deeds of the county of Middlesex, southern district, a 
description of the same as certain as is required in the 
conveyance of land, with a statement of the purposes for 
which the same are taken, signed by a majority of said 
commissioners of sewers. All claims for damages sus- Damages. 
tained by the taking of lands otherwise than ])y purchase 
under this act, or by the entering upon land or upon 
any l)rook or stream and the doing thereon of the acts 
herein authorized, shall be ascertained, determined and 
recovered in the manner now provided by law in the case 
of land taken for highways, provided that in estimating 
the damages sustained by any person by the taking of his 
land or by any of the acts done by virtue of this act there 
shall be allowed by w ay of set-otf the benefit, if any, to 
the property of such person by reason thereof and the 
improvements thereon made. 

Section 3. No land shall be taken until authorized ^"drrtaken,^^ 
by the city council of said citv, nor shall any of the work etc., until 

'.' •' . • 1 " 11 appropriation is 

and acts herein authorized be undertaken or contracts made, etc. 
therefor be made, or land be purchased as herein author- 
ized, until an appropriation has been made of the moneys 
to l)e expended therefor ; and said commissioners of 
sewers shall at all times be accountable for the proper 
discharge of their duties hereunder, to the mayor as the 
chief executive officer of the city, and shall make such 
reports to him as he shall require from time to time 
relating to their doings and recommendations under this 
act, for his own information or for the information of the 
city council ; and all contracts made by said commis- 
sioners under this act in order to be valid must be 
approved by the mayor and shall then become the con- 
tracts of said city. 

Section 4. The costs and expenses incurred from time costs and 
to time by said city under this act, except for construction *^^p*^°*®^* 
of walks or ways, may be paid by appropriations out of 
the proceeds of the sale of any bonds issued by said city 



140 Acts, 1894 — Chaps. 163, 164. 

under the authority of chapter one hundred and eio^hty of 
the acts of the year eighteen hundred and ninety-three. 
Section 5. This act shall take effect upon its passage. 

Approved March 23, 1894. 

C%«X>.163 -^^ -'^CT TO AUTHORIZE THE CITY OF MEDFOUD TO rURCHASE LAND 
TO IXCKEASE AXU IMPROVE ITS WATER SUPPLY. 

Be it enacted, etc., as follows : 

i^nd.CatiT^ Section 1. To enable the city of Medford to increase 
rights, etc. jj^g water supply hy means of wells and reservoirs, and 
to improve the efficiency thereof l)y the construction of 
standpipes or other works suitable to provide for a high 
water supply service, said city may, from time to time, 
within three years from the passage of this act, acquire in 
fee simple by purchase, hold and improve land, and land 
and water rights, within the limits of said city, and may 
provide the means of paying therefor, and of any struct- 
ures, works and improvements thereon for the aforesaid 
purposes, out of the proceeds of any bonds which may be 
issued from time to time by said city under the authority 
of chapter ninety-eight of the acts of the year eighteen 
hundred and ninety-three. 

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

Apx)roved March 23, 1894. 

ChcinAQi: -^^ -^^^ ''^^ GIVE THE COURTS OF INSOLVENCY JURISDICTION IN 
EQUITY IN CASES OF ESTATES OF INSOLVENT DEUTORS. 

Be it enacted, etc., as follows : 
Jurisdiction Sectiox 1. The courts of insolvencv shall have iuris- 

in pnnitv. ^ , ^ * *' 

diction in equity, concurrently with any other court hav- 
ing jurisdiction of proceedings in equity, of all cases and 
matters now or hereafter pending in said courts of insol- 
vency, and such jurisdiction may be exercised upon peti- 
tion, according to the usual course of proceedings in the 
courts of insolvency. 
Sentences, Section 2. Courts of iusolvcucy shall have the like 

powers and authority for enforcing all orders, sentences 
and decrees made or pronounced by the court under this 
act, or in the exercise of any jurisdiction or authority 
otherwise vested in it, and for punishing contempts of 
such orders, sentences and decrees and other contempts 
of its authority, as are vested for such or the like i)urposes 



in equity. 



decrees, etc. 



Acts, 1894. — Chaps. 165, 1G6. 141 

in the supreme judicial court in equity, in relation to any 
suit in equity depending in that court. 

Section 3. The courts of insolvency shall be consid- eredco''un8'o't 
ered courts of superior and oeneral jurisdiction as regards genera" jurls- 
all cases and matters in which authority is given to them diction. 
by this act or otherwise, and it shall not be necessary 
for any order, sentence, decree, warrant, writ or process 
made, pronounced or issued, by a court of insolvency to 
set out any adjudication or circumstances with greater 
particularity than would be required in a like or analogous 
case in a suit in equity in the supreme judicial court ; and 
the like presumption shall be made in favor of proceedings 
of the court of insolvency as would be made in favor of 
those of the supreme judicial court in equity. 

Section 4. The provisions of section hfteen of chapter tofppfJ.'^^^' 
one hundred and fifty-seven of tlie Public Statutes shall 
apply to all proceedings under this act so far as the same 
are applicable. Approved March 23, 1894. 

An Act to authorize the building of a public highway Ch(tp.\Q5 

BRIDGE ACROSS CHELSEA CREEK IN THE CITIES OF BOSTON AND 
CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. The cities of Boston and Chelsea, or either J^^ay buiid 

. , , . . bridge across 

of said cities, may, subject to the provisions of chapter cheisea creek. 
nineteen of the Public Statutes and of all acts in addition 
thereto or in amendment thereof, Iniild and maintain a 
public highway bridge across Chelsea creek, connecting 
the westerly end of Breed's island in the city of Boston 
with the city of Chelsea. The draw of said bridge shall 
be of such width as shall be determined by the harbor and 
land commissioners. 

Section 2. This act shall take efiect upon its passage ^^ie°o B'dl'ton. 
but shall not be applicable to the city of Boston unless 
first confirmed by the city council of said city. 

Approved March 23, 1894. 

An Act to change the name of the society for the collegi- CJlCip.XQQ 

ATE INSTRUCTION OF WOMEN AND TO EXTEND ITS POWERS. 

Be it enacted, etc., as follows : 

Section 1 . The name of the Society for the Collegiate ^■'""^ changed. 
Instruction of Women is hereby changed to Radcliffe Col- 
lege. 



142 



Acts, 1894. — Chap. 167. 



Devises, 
bequoBts, etc., 
not impaired. 



To furnish 
instruction, etc. 
to women. 



Mprabership, 
ofEcers, etc. 



May hold real 
and personal 
estate, etc. 



May confer 
degrees, etc. 



Proviso. 



Section 2. Nothinp: contained in this act shall impair 
any devise, bequest, conveyance, transfer or gift hereto- 
fore made, or which may be made hereafter, to or for the 
benefit of said corporation under any name or description. 

Section 3. In addition to the purposes for which said 
corporation has been organized and established it is also 
hereby authorized generally to furnish instruction and the 
opportunities of collegiate life to women, and to promote 
their higher education. 

Section 4. The number of members of said corpo- 
ration, its governing, teaching and advisory officers and 
boards, and their titles, powers and terms of office, together 
with the methods of choice or appointment to membership 
or office, and in general the form of organization and the 
methods of government and administration of said corpo- 
ration, shall be such as it may at any time adopt ; and it 
may confer at any time upon the President and Fellows 
of Harvard College such powers of visitation and of di- 
rection and control over its management as the said Rad- 
clitfe College may deem wise, and the said President and 
Fellows of Harvard College may consent to assume. 

Section 5. The said Radclifle College may hold real 
and personal estate to an amount not exceeding two 
millions of dollars, to be devoted to the purposes for 
which it is established. 

Section 6. The said Radclifle College is hereby au- 
thorized to confer on women all honors and degrees as 
fully as any university or college in this Commonwealth 
is now so empowered respecting men or women : jwovidedy 
however, that no degree shall be conferred by the said 
Radclifle College except with the approval of the Presi- 
dent and Fellows of Harvard College, given on satisfactory 
evidence of such qualification as is accepted for the same 
degree when conferred by Harvard University. 

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

Approved March 23, 1894. 



Chan. 167 ^^ ^^t authorizixct the children's hospital in boston to 

HOLD additional REAL AND PERSONAL ESTATE. 



May hold addi- 
tional estate. 



Be it enacted, etc., as follows: 

Section 1. The Children's Hospital in Boston is 
hereby authorized to hold real and personal estate to an 
amount not exceeding one million dollars. 

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

Approved March 24, 1894. 



Acts, 1894. — Chaps. 168, 169, 170. 143 



An Act to incorpokate the xewtonville trust compaxy. 



Chcqj.im 



Section 1. John W. "Weeks, John C Holman, Georire NewtonviUe 
W. Morse, Jasper N. Keller, Horace B. Tarker, Samuel ,wpo^r3"^ 
Farquhar and James W. French, their associates and suc- 
cessors, are herel)y made a corporation under the name 
of the NewtonviUe Trust Company. 

Section 2. Said corporation shall have authority to May establish, 
establish and maintain a safe deposit and trust company de^pMir'alfd 
in that part of the city of Newi:on known as NewtonviUe; t'-u«' <=o"pany. 
with all the powers and privileges and subject to all the 
rights, duties, liabilities and restrictions set foilh in all 
general laws which now are or hereafter may be in force 
relating to such corporations. 

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

Approved March 24, 1894. 



Chap.im 



An Act to change the term of the superior criminal court 
now iiolden at fitchburg. 

Be it enacted, etc., as follows: 

Section 1. The superior court for criminal business to be heid the 
for the county of Worcester, now recpiired to be held at lu AuguTt!''*^ 
Fitchburg on the second Monday of August in each year, 
shall hereafter be held at said Fitchburg on the third 
Monday of August in each year. 

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

Approved March 24, 1894. 

An Act relative to the rights of a husband or wife in the ni^rir^ 170 

REAL estate OF A DECEASED WIFE OR HUSBAND. ^ 

Be it enacted^ etc., as foUoius : 

Section 1 . Section seventeen of chapter one hundred p- s- '24, § it. 
and twenty-four of the Public Statutes, as amended by ^""^^^ *" 
chapter two hundred and thirty-four of the acts of the 
year eighteen hundred and eighty-nine, is hereby amended 
by adding at the end thereof, the following words : — 
And in any case in which by the petition the whole of the 
real estate of said deceased is described sufficiently for 
identification, and it is alleged, and appears to the satis- 
faction of the court, that the same • does not exceed the 
value of five thousand dollars, the court may itself assign 



144 Acts, 1894. — Chap. 171. 

and set out such estate without other notice than is above 
Assignment in proviclcd, — SO as to I'cad as follows: — Section 17. 
wue illeT °' When a husband or wife claims to be entitled under the 
estate lu fee. provisious of sectioR ouc or section three of this chapter 
to an estate in fee in the real estate of a deceased wife 
or husband, the probate court haviuij jurisdiction of the 
estate of said deceased shall on a petition of any person in 
interest and after such notice to all parties interested as 
the court may order, give a hearing thereon, and if upon 
the hearing said court shall determine that said husband 
or wife is entitled to such an estate in fee, it shall enter 
a decree to that effect, which shall be binding upon all 
parties and privies thereto ; and cause such estate in fee to 
be assigned and set out by metes and bounds in the same 
manner as in other partitions of lands of persons deceased, 
except that, when such assignments cannot be made with- 
out greatly injuring the residue of the estate or of some 
specific part thereof, an undivided portion of such real 
estate or of some part thereof may be set off instead 
of a specific part. And in any case in which by the 
petition the whole of the real estate of said deceased is 
described sufiiciently for identification, and it is alleged, 
and appears to the satisfaction of the court, that the same 
does not exceed the value of five thousand dollars, the 
court may itself assign and set out such estate without 
other notice than is above provided. 

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

Ap2^roved March 24, 1894. 



EDFOKD TO KEFUND A 
DEBT. 



GJldV 171 "^^ -^^-^ ^*^ AUTHORIZE THE CITV OF NEW B 

roRTiox or its avater d 

Be it enacted, etc., as follows : 

May issue Section 1. The city of New Bedford, for the purpose 

scrip.' of paying and refunding so much of its existing inde1)ted- 

ness as may have been incurred in the construction of its 
water works, or such as may have been incurred in the 
refunding of indebtedness previously incurred in the con- 
struction of its water works, may issue from time to time 
bonds, notes or scrip bearing interest at a rate not exceed- 
ing four per cent, per annum, and to an amount not ex- 
ceeding seven hundred and twenty thousand dollars. 
Water bonds of Section 2. Said bouds, notes or scrip may be made 
jBedford? ^^ payable at any time within thirty years from their date, 



Acts, 1894. — Chap. 172. 145 

and said city may reserve the right to pay the same at an 
earlier date than that at which they are absolutely payable. 
They shall be denominated on their face, Water Bonds of 
the City of New Bedford. 

Section 3. The proceeds of the sale of said bonds, Payment of cer. 
notes or scrip shall l)e used to redeem and pay the exist- *'"" ''°°*^* 
ing water bonds issued by the city i)rior to the eighth 
day of March in the year eighteen hundred and eighty- 
eight. 

Section 4. There shall he annually paid to the sink- sinking fund. 
ing fund commissioners of the city of Kew Bedford from 
the net income of the water department of said city, after 
the payment of the expense of the maintenance of the 
works, of the interest upon the water debt, and any 
amount heretofore provided to be paid as a sinking fund 
on account of any water lionds heretofore issued, such sum 
as shall, with the accumulations of interest thereon, be 
sufHcient to pay at the maturity thereof, the water bonds, 
notes or scrip issued under the authority of this act. 

Section 5. The provisions of sections ten and eleven p. s.29, §§io, 
of chapter twenty-nine of the Pulilic Statutes and any acts apply! ' ^° 
in addition thereto or in amendment thereof shall, so far 
as applicable and not inconsistent with this act, apply to 
said water loan sinking fund. 

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

Approved March 24, 1894. 



Chap.VJ2 



An Act to estabmsii the boukdaky on tide water between 

the towns of mashpee and baknstable. 
Be it enacted^ etc., as folloics : 

Section 1 . The boundary on the tide water of Pop- Boundary nne 
ponessett bay between the towns of Mashpee and Barn- '^''''■'^"*''«'^- 
stable, as examined and defined by the board of harljor 
and land commissioners under chapter one hundred and 
five of the resolves of the year eighteen hundred and 
ninety-three, and shown on a map accompanying the 
report of the said board for the year eighteen hundred 
and ninety-three, is hereby established as the boundary 
line between the said towns on said bay ; and the board 
of har])or and land commissioners are herel)y directed to 
mark the said boundary by suitable monuments placed on 
the main land and on Gooseberry, Popponessett, Little 
Thatch and Big Thatch islands. The expense of thus Expense of 

marking, etc. 



146 Acts, 1894. — Chaps. 173,174. 

marking the said boundary, to an amount not exceeding 
three hundred dollars, shall be borne by the towns of 
Mashpee and Barnstable, of which the town of Mashpee 
shall pay an amount not exceeding one hundred dollars 
and the town of Barnstable an amount not exceeding two 
hundred dollars. After the erection of the said monu- 
ments said board shall file in the office of the secretary of 
the Commonwealth and in the registry of deeds for the 
county of Barnstable a plan showing the boundary line 
hereby established and the monuments marking the same. 
Section 2. This act shall take efiect upon its passage » 

Approved March 28, 1894. 



CMp.m 



An Act relating to pkocedure in inferior courts. 
Be it enacted, etc., as follows : 



Trial before jus- Sectiox 1. The parties to a civil action before a dis- 

tices and special ,,, ,. ^ . . , jji • • i 

justices sluing trict, policc or municipal court, except the municipal 
toget er. coui't of the city of Boston, may, upon filing an agreed 

statement of all facts and a written waiver of all parties to 
all right of appeal, demand a trial before the justice and 
special justices sittii\g together, which shall be granted ; 
and there shall be no right of appeal from the judgment 
of the majority of the three justices so sitting together. 
Compensation Sectiox 2. Spccial lusticcs shall receive for each day's 

of special , n • 1 • • t i • • 

justices. service as aforesaid, compensation as provided in section 

sixty-six of chapter three hundred and ninety-six of the 
acts of the year eighteen hundred and ninety-three, to be 
paid by the county and not deducted from the salary of 
the justice. 

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

Approved March 28, 1894. 

C7?f/7) 174 ^^ -^^^ RELATING TO THE TERJI OF OFFICE OF MEMBERS OF BOARDS 
"' OF HEALTH IN CITIES. 

Be it enacted, etc., as foUoivs : 
To hold office Section 1. Members of the board of health in cities, 

until their sue- .iii tit ij_i •• 

cessors are appointed by the mayor and aldermen under the provisions 

appointe . ^^ scction eight of chapter eighty of the Public Statutes, 

shall continue to hold their office after the expiration of 

their regular terms until their respective successors are 

appointed. 

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

Approved March 28, 1894. 



Acts, 1894. — Chaps. 175, 176. 147 



Ax Act relative to the appointment of auditors by the (JJia/n.YI^ 

SUPERIOR court. 

Be it enacted, etc. , as follows : 

Section 1. Section one hundred and seven of chap- p. s. 49, §107, 
ter forty-nine of the Public Statutes is hereby amended 
by striking out in the second, third and fourth lines, tlie 
words "if there are several parties having estates other 
than and difl'erent from the estates and interests for which 
provision is made in section eigliteen ", also by inserting in 
the fourth line, after the word "may", the words: — for 
any cause in its discretion, — also by striking out in the sixth 
line, the word " other", so as to read as follows: — Sec- court may ap- 
iion 107. When a trial is had at the bar of the superior etc? ^" ' °"' 
court under the provisions of this chapter, the coui-t may, 
for any cause in its discretion, appoint one or more audi- 
tors to hear the parties and to assess the damages and to 
report upon such matters as may be ordered ; and the 
report shall be prima facie evidence upon such matters 
only as are expressly embraced in the order. Such audi- 
tors shall be subject to the provisions of law relating to 
auditors, so far as such provisions are applicable. 

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

Approved March 29, 1894. 



An Act to establish the salary of the secretary of the QJirij) V7Q 

BOARD of education. 

Be it enacted, etc., as folloics : 

Section 1. The secretary of the board of education salary 
shall receive an annual salary of four thousand dollars, 
and also five hundred dollars a year in full compensation 
for travelling expenses, to be so allowed from the first day 
of January in the year eighteen hundred and ninety-four, 
to be paid out of the half of the school fund applicable for 
educational expenses. The incidental and other necessary 
expenses arising in his ofiice shall be paid out of the 
treasury of the Commonwealth. 

Section 2. Chapter two hundred and twenty-seven Repeal. 
of the acts of the year eighteen hundred and eighty-five is 
hereby repealed. 

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

Approved March 30, 1894. 



148 



Acts, 1894 — Chap. 177. 



Cliai) 



Additional 
water supply. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



.177 -^^ -'^CT TO AUTHORIZE THE CITi' OF XORTHAMPTOX TO IXCREASE 
ITS WATER SUPPLY AND INCUR INDEBTEDNESS THEREFOR. 

Be it enacted, etc., as foUoivs : 

Section 1. The city of Korthampton, for the purpose 
of providing an additional supply of water for the use 
of said city and its inhabitants, as authorized by chapter 
sixteen of the acts of the j^ear eighteen hundred and 
seventy-one and acts in amendment thereof and supple- 
mentary thereto, may from time to time take and hold 
by purchase or otherwise, and convey to any part of said 
city, the waters of Roberts meadow brook, and the waters 
of any stream, springs and water sources within tlie 
watershed of said Rol^ei'ts meadow brook and its tribu- 
taries and confluents, and all water rights connected 
therewith, with the exception of the water of Day brook, 
so-called ; and may from time to time take and hold as 
aforesaid any lands, property, rights of way and easements 
that may be necessary or proper for holding, storing, con- 
veying, distributing and preserving the purity of any of 
the waters aforesaid and for eflectually carrying out the 
object of this act ; and may erect on any lands so taken 
proper dams, reservoirs, storage basins, fixtures, struct- 
ures, machinery and apparatus, may make such excava- 
tions and embankments and provide such other means 
as may be necessary or advisable for said purposes, and 
may construct and lay down such conduits, canals, pipes 
or other works, under, through or over an}' lands, water 
courses, railroads and public and private ways in said 
Northampton as may l)e necessary or available for said 
purpose ; and for all proper purposes of this act may dig 
up any such lands and any such public or private ways in 
such manner as to cause the least hindrance to public 
travel. 

Section 2. 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 registry of 
deeds for the county within which the same are situated, 
a description thereof sufiiciently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the water commissioners of said city. 

Section 3. The city shall pay all damages sustained 
by any person or corporation in property by the taking 



Acts, 1894. — CuAr. 177. 149 

of any lands, rights of way, water, water source, water 
rights or easements, 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 lands are 
taken for the laying out of highways, on application at 
any time within the period of three ^^ears 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 the assessment of damages shall be 
made for the taking of any water, water right, or for any 
injury theretp, until the water is actually withdrawn or 
diverted by said city under the authority of this act. 

Section 4. In every case of a claim for damages, as city may tender 
provided herein, the city may tender to the complainant etc^*'' ^ ^"'"' 
or his attorney any sum that it shall think proper, or 
may liring the same into court to be paid to the com- 
plainant 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 
were so oifered ; and said city shall be entitled to recover 
its costs afterwards unless the complainant shall recover 
greater damages than were so oflered. 

Section 5. The city may, for the purpose of paying cuyofNorth- 
the necessary expenses and liabilities incurred under the Lorn^Actof"" 
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 aoofreo;ate one hundred 
thousand dollars ; such bonds, notes or scrip shall be 
signed by the treasurer of said city and countersigned by 
the mayor, and shall be denominated on the face thereof, 
City of Northampton Water Loan, Act of 1894, 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 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 



150 



Acts, 1894. — Chap. 178. 



Corruption of 
water, etc. 



Penalty. 



Not to abridge 
certain rights. 



Water com- 
missioners. 



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 payaljle annually. The sinking funds of 
any loan of said city may be invested in said bonds, notes 
or scrip. 

Section 6. If any person shall use any of said water 
taken or obtained under this act, without the consent 
of 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 use^ 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 ac- 
tion of tort ; and on conviction of either of the wanton 
or malicious acts aforesaid may be punished by a fine not 
exceeding three hundred dollars or imprisonment in jail 
not exceeding one year. 

Section 7. This act shall notalmdge any rights here- 
tofore granted to said city in respect to its water supply ; 
and the powers specified in this act shall be held to be in 
addition to all powers heretofore granted. 

Section 8. The water commissioners of said city shall 
have and exercise, in relation to the further water supply 
and rights authorized and granted by the provisions of 
this act, similar rights and powers to those now vested 
in and exercised by them relative to the existing water 
supply of said city. 

Section 9. This act shall take efl'ectupon its passage. 

Approved March 30, 1804. 



ChdV.VIS ^^ -^CT TO AUTHORIZE THE ESTABLISHMENT OF A FIUE DISTRICT 

IN THE TOWN OF CHESTER. 



Fire district 
may be estab- 
lished in town 
of Chester. 



Be it enacted, etc., as folloivs : 

Section 1. A fire district may be established in the 
town of Chester to include all the territory within the fol- 
lowing limits, to wit: — Beginning at an iron pin set in 
a ledge northwesterly of the dwelling house of William 
Stevens ; thence south, fifteen degrees fifteen minutes west, 



Acts, 1894. — Chap. 178. 151 

two hundred and sixty-nine and five tenths feet to a 
stone bound set in the ground ; thence south, sixty de- 
grees forty minutes west, thirteen hundred feet to a pile 
of stones ; thence south, thirty-three degrees fifty minutes 
west, crossing the liighway leading to Pine Hill cemetery, 
seven hundred and seventy-six and five tenths feet to the 
center of a butternut tree standing on the easterly side 
of the said highway ; thence south, twenty degrees east, 
crossing the highway leading to Becket, five hundred and 
sixty-three feet to the center of the head gate to the canal 
or raceway of the factory owned by Fay Manufactur- 
ing Company ; thence north, sixty-six degrees forty-five 
minutes east, crossing Walker brook, nine hundred and 
ninety-six feet to a large hemlock tree ; thence north, 
eighty-three degrees forty minutes east, nine hundred and 
fifty-three and five tenths feet to a dead hemlock tree ; 
thence south, sixty-four degrees east, forty-one hundred 
and eighty-eight and two tenths feet to a pile of stones ; 
thence north, fifty-one degrees forty minutes east, cross- 
ing the Boston and Albany railroad, the highway leading 
to Huntington and the west branch of the Westfield river, 
eleven hundred and twenty and five tenths feet to a large 
butternut tree ; thence north, twenty-seven degrees ten 
minutes west, three hundred and sixty feet to a marked 
hickory tree ; thence north, seventy-two degrees forty- 
five minutes west, six hundred and twenty-two feet to 
a large rock near the road leading to the lower mill of the 
Hampden Emery and Corundum Company ; thence north, 
forty-four degrees west, two thousand feet to a marked 
hickory tree ; thence north, five degrees east, nine hundred 
and forty-four feet to a point l^etween two hemlock trees 
growing together; thence north, five degrees east, ten 
hundred and seventy-four and five tenths feet to a cor- 
ner of the stone walls on the southerly side of the high- 
way leading to Chester Center ; thence north, forty-eight 
degrees twenty minutes west crossing the said highway to 
Chester Center, crossing the said Boston and Albany rail- 
road, crossing the said west branch of the Westfield river, 
and crossing the highway leading to Middlefield, twenty- 
one hundred and two feet to the place of beginning. 

Section 2. Before the district is constituted and nmitg^of^pro-'^'^ 
organized a petition shall be presented to the town at a voeed district, 

11 . . 11 •• IT- number of 

legal meeting stating the limits of the proposed district, voters, etc. 
the number of inhabitants, the number of voters, and the 



152 



Acts, 1894. — Chap. 178. 



ComtniBsioners 
of hydrants, 
etc., to be 
elected. 



Vacancies. 



Board to expend 
money raised by 
district. 



amount of taxable property in said proposed district, as 
near as the same can l^e ascertained from the records and 
statistics of the town. If at said meeting the town shall 
vote in favor of constituting and organizing said district 
the inhabitants of said district may proceed to constitute 
and organize the same in accordance with the provisions 
of the laws relating to fire districts and the provisions of 
this act. If at said meeting the town shall not vote in 
favor of constituting and organizing said district said 
town may vote in favor of constituting and organizing 
the same at any legal meeting called for that purpose, and 
in the manner herein provided, within three years from 
the passage of this act ; the number of said meetings 
called for that purpose in any one year not to exceed two. 

Sectiox 3. The legal voters of the said fire district 
of the town of Chester shall, within one year from the 
organizing of said district, at a meeting called for the 
purpose choose by ballot a board of three commissioners, 
who shall be a board of commissioners of hydrants, water 
tanks for fire purposes, sidewalks, common sewers, main 
drains, lamps and street sprinkling, all of whom shall be 
legal inhabitants and voters in said district. Said com- 
missioners shall serve until the next annual meeting of 
said district and until others are chosen and qualified in 
their stead ; and said district shall thereafter, at the 
regular annual meeting of said district, choose by ballot 
three such commissioners, who shall serve during the 
ensuing year and until others are chosen and qualified 
in their stead. Said district shall have authority to fill 
any vacancy in said board at any district meeting regu- 
larly called for that purpose. Said commissioners shall 
be sworn and shall receive no compensation. 

Section 4. Said district may, at meetings called for 
that purpose, raise money for the purpose of carrying out 
the ]:)rovisions of this act ; and said board shall expend 
the same for the purposes prescribed hy vote of the dis- 
trict. Every member of said board shall be accountable 
to said district for any money received by him, and said 
district may maintain a suit therefor in the name of the 
inhabitants of said district. Said board shall not expend 
any money which has not been duly appropriated by the 
district, and shall have no authority to bind the district 
to the payment of money in excess of its apj^ropriation 
or for any purpose not specified by the vote of the dis- 



Acts, 1894 — Chap. 178. 153 

trict appropriating the same. But said district shall not 
during any year raise hy taxation any amount of money 
exceeding one tenth of one per centum of the taxable 
property in said district. 

Section 5. The clerk of the district shall, on or he- cierk of district 
fore the tirst day of ^lay of each year, certify to the as- assessors of 
sessors of the town of Chester all sums voted to be raised voteTto Te"^ 
by the district during the year last preceding, under the '■*'''^''''- 
provisions of this act ; which sums shall be assessed and 
collected by the officers of the 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 suljject to the order of said board. The clerk of 
said district shall act as clerk of said board and shall 
enter all its proceedings in the records of said district. 

Sectiox 6. It shall be the duty of said board, under construction, 

• • TT J- f • 1 T J ' ± J i J. etc., of mam 

the supervision and direction ot said district, to construct, drains, common 
reconstruct, erect, repair, maintain and have charge of all ^^^'^^^' 
main drains constructed by it, and of all common sewers, 
sidewalks, lamp posts, street lamps and street hydrants in 
said fire district, and to have charge of the sprinkling of 
the streets therein, and of all matters pertaining thereto 
as herein provided ; and to construct such cross walks as 
may be ordered by said district, and to keep maps and 
plans of all such main drains and common sewers. 

Sectiox 7. Said board shall have authoritv to deter- To determine 

- .,, -, J. I'll- "ij. grade, material, 

mine the gTade, width and material, including curbstones, etc., of side- 
of all sidewalks on the public streets and highways of said '^''^^^' 
district, and to construct, reconstruct and repair such side- 
walks, in accordance with such determination. Upon the 
completion of any sidewalk by said board, or the comple- 
tion of the reconstruction or repair of any sidewalk, or 
within one year thereafter, said board shall ascertain, deter- 
mine and certify the whole expense of such making, recon- 
struction or repair, and shall cause a record thereof to be 
made, and shall assess a portion not exceeding one half 
the amount of the same upon all the lands which abut on 
such sidewalk so made, reconstructed or repaired. 

Section 8. Said board shall have power to determine Removal of 

. ijiij_j. • cbstructious 

when, in what manner and to what extent snow, ice, grass, from side- 
herbage, trees and other obstructions shall be removed ^""'^" 
from the sidewalks in said district, or from any of the 
same or any portion thereof; and to establish by-laws and 
penalties regulating the same, sul.)ject to the approval of 



154: 



Acts, 1894. — Chap. 178. 



Obstructing or 
dif^ging up side- 
walks without 
consent, 
penalty. 



May order the 

construction of 
cross walks. 



Laying, etc., of 
main drains and 
common sewers. 



Main drains and 
common sewers 
to be property 
of district, etc. 



said fire district, and also by-laws and penalties prohibit- 
ing the deposit of ashes, garbage, tilth or other refuse 
matter on the streets and sidewalks within the limits of 
said district. 

Section 9. Xo sidewalk graded, constructed, recon- 
structed or repaired in said district, under the provisions 
of this act, shall be dug up or obstructed in any part 
thereof without the consent of said board ; and whoever 
rides or drives or leads any neat cattle, or uses any vehicle 
moved by hand, other than those used for the carriage of 
children, invalids or persons disabled, upon or along any 
sidewalk in said district exceirt to cross the same, or digs 
up or otherwise obstructs the same without such consent, 
shall forfeit a sum not less than one nor more than live 
dollars for each violation of the provisions of this section. 

Section 10. Said tire district, at meetings called for 
that i^urpose, may order said board to construct cross 
walks in any of the streets in said district in which they 
have authority to construct sidewalks. Said board shall 
constiiict all such cross walks at the expense of said dis- 
trict, and shall repair and reconstruct the same when or- 
dered by said district, and at its expense. 

Section 11. Said board shall lay, make, reconstruct 
and maintain in said district all such main drains and com- 
mon sewers as said district, at a legal meeting called for 
that purpose, shall by vote adjudge to be necessary for the 
public convenience or the pu])]ic health, and may repair 
the same from time to time whenever necessary ; and for 
said purposes may take, in the manner hereinafter pro- 
vided, any land, property or right which in their opinion 
may be necessary therefor. 

Section 12. Main drains and common sewers may })e 
constructed in said district by said district, which shall be 
the property of said district and shall be under the charge 
and control of said board, who shall have the power and 
authority to regulate the use of the same and to prescril)e 
the mode in which the same shall be entered hy private 
drains, and the terms and conditions of such entry. And 
no person shall be allowed to enter or discharge into a 
main drain or common sewer of said district any private 
drain, except by leave of said board and on such terms 
and conditions as said board shall prescribe ; and all such 
private drains entering any such main drain or common 
sewer shall be under the exclusive charire and control of 



Acts, 1894. — Chap. 178. 155 

said ])oard, who shall have authority to make and execute 
orders concerning the same as thouah the same were con- 
structed by said board under this act. The provisions of 
this section shall apply to and aovern the use of all sewers 
and drains in said district constructed by it, and to the 
compensation, terms and conditions to be made for such 
use, whether the same have been heretofore or shall here- 
after be constructed. 

Section 13. All assessments made by said board, as Assessments to 
provided for in this act, shall constitute a lien on the real upon real estate. 
estate assessed, for two years from the time of assessment 
and for one year after the final determination of any suit 
or proceedings in which the amount or validity of such 
assessments shall be drawn in question. Every assess- 
ment made by said board shall be recorded in books to be 
kept for that purioose, and a list thereof shall be committed 
by said board for collection to the person then authorized 
by law to collect taxes in said town. Said collector shall 
forthwith publish the same b}^ posting true and attested 
copies thereof in three public places in said district ; and 
shall, within thirty days from said pul)lication thereof, 
demand payment of the same of the owner or occupant 
of the land assessed, if known to him and within his pre- 
cinct. If any such assessment shall not be paid within Levy to be made 
three months from the publication of said list he shall ment o "asses^s- 
levy the same, with incidental costs and expenses, by sale ™^"'' 
of the land, such sale to be conducted in a manner similar 
to the sale of land for non-payment of town taxes ; and in 
making such sales, and any sales for taxes assessed for 
said district, such collector and said district and its offi- 
cers shall have all the powers and privileges conferred by 
general law upon collectors of taxes, and upon cities and 
towns and their officers, relating to the sales of land for 
the non-payment of taxes. The collector shall pay over Money collected 
all moneys received by him under this act to the treasurer lo treasurer^oY"^ 
of said district, in the same manner as moneys received '^i^'"'^'- 
by him from taxes assessed for said district by the assess- 
ors of Chester. 

Sectiox 14. Every assessment made by said board Assessment 
which IS invalid by reason ot any error or irregularity in error may be 
the assessment, and which has not been paid, or which has "^^*^ *^ 
been recovered back, or which has been enforced by an in- 
valid sale, may be reassessed by the aforesaid board of 
commissioners for the time being, to the just amount to 



jury 



156 Acts, 1894. — Chap. 178. 

which, and upon the estate upon which, such assessment 
ought at first to have been assessed ; and the assessment 
tlien reassessed shall be payable and shall be collected and 
enforced in the same manner as other assessments. 
grYeTedmay Section 15. Any pcrsou aggrieved by an assessment 

have a trial by made by Said board may, at any time within three months 
from the publication of the list of such assessment, as 
provided in section thirteen, apply by petition to the su- 
perior court for the county of Hampden, and after due 
notice to the said fire district a trial shall be had at the 
bar of said court, in the same manner in which other civil 
causes are there tried by jury ; and if either party requests 
it the jury shall view the place in question. Before filing 
said petition the petitioner shall give one month's notice 
in writing to said board of his intention so to apply, 
and shall therein particularly specify his objection to the 
assessments ; and to such specification he shall be confined 
in the trial by the jury. If the jury shall not reduce the 
amount of the assessment complained of the respondent 
shall recover costs against the petitioner, which costs shall 
be a lien upon the estate assessed and be collected in the 
same manner as the assessment ; but if the jury shall 
reduce the amount of the assessment the petitioner shall 
recover costs. 
Description of SECTION 16. Whenever land is taken by virtue of the 

lands, etc., to be . . „ . . • i i i i ji • i • 

recorded. provisious 01 scctiou clcvcn the Said board shall, within 

sixty clays after any such taking, file in the registry of 
deeds of the county of Hampden a description of any 
land so taken, sufficiently accurate for identification, and 
a statement of the purpose for which it is taken ; and the 
right to use all land so taken for the purposes mentioned 
in said statement shall vest in said fire district and its suc- 
cessors. Damages for land so taken shall be paid by said 
fire district ; and any person aggrieved by the taking of 
his land under this act, who fails to agree with said board 
as to the amount of damages, may, upon a petition filed 
with the county commissioners of the county of Hampden 
within one year from the filing of the description thereof 
in the registry of deeds, have his damages assessed and 
determined in the manner provided when land is taken 
for highways ; and if either party is not satisfied with the 
award of damages by the county commissioners, and shall 
apply for a jury to revise the same, the fire district shall 
pay the damages awarded by the jury, and shall pay costs 



Acts, 1894. — Chap. 178. 157 

if the damages are increased ])y the jury, and shall recover 
costs if the damages are decreased ; but if the jury shall 
award the same damages as were awarded by the county 
commissioners the party who applied for the jury shall 
pay costs to the other party. 

Section 17. Penalties incurred under the provisions Recovery of 
of this act, and under any by-laws established in pursu- ^^'^^ "^*' 
ance thereof, may be recovered by an action of tort brought 
by direction of said board in the name of and for the use 
of said district, or on complaint or indictment to the use 
of the Commonwealth : provided, that no such action, Proviso, 
complaint or indictment shall be maintained unless brought 
within thirty days after the right of action accrues or the 
offence is committed. No inhabitant of the district shall 
be disqualified, hy reason of his being such inhabitant, to 
act as judge, magistrate, juror or officer, in a suit brought 
for such penalty. 

Section 18. The provisions of all general laws of the Provisions of 
Commonwealth, applicable to fire districts and not incon- fpply! 
sistent with this act, shall apply to the fire district of the 
town of Chester organized as herein provided. Nothing 
herein contained shall be construed to interfere with the 
authority of surveyors of highways or any authority of 
the town or its agents which can be legally exercised over 
highways or roads. But the town of Chester shall repair 
any injury done to sidewalks in said district by the officers 
of said town by reason of any raising, lowering or other 
act done for the purpose of repairing a highway or town 
way ; and whenever any cross walks shall be torn up or 
injured by the officers of the town of Chester in making, 
repairing, altering, raising or lowering any highway or 
town way, said town shall relay and repair such cross 
walk and place the same in as good condition as it was in 
before it was torn up or injured. The authority of the Authority of 
town of Chester to construct sidewalks, main drains and ^o'lfsmlcrside. 
common sewers within the limits of said district shall be ^u^speAded.' 
suspended while this act is in force ; but this act shall in 
no wise affect the liability of the town for any damages 
caused within the limits of its highways. 

Section 19. When a party upon the trial of an action Damages and 
recovers damages of said town for an injury caused to his 
person or property by a defect in any sidewalk in said fire 
district, if the fire district has had reasonal)le notice to 
defend the action, the said town may recover of the fire 



158 Acts, 1894. — Chap. 179. 

district, in addition to the damages, all costs of both plain- 
tiff and defendant in the action. 

Section 20. This act shall take effect upon its passage. 

Approved March 30, IS 94. 

(JJianJYk^ An Act to provide for a water supply for the fire district 

AND INHABITANTS OF THE TOWN OF CHESTER. 

Be it enacted, etc., as foUoivs: 
Water supply SECTION 1 . UpoH the establishment and organization 

for town of , . . 1 , ^ ^,1 T ~ 

Chester. of a fire district m the town ot Chester under the pro- 

visions of the act of the present 3"ear entitled, " An act to 
authorize the establishment of a tire district in the town 
of Chester", said fire district may supply itself and the 
inhabitants of said town with water for the extinguish- 
ment of fires and for domestic and other purposes ; may 
establish fountains and hydrants and relocate or discon- 
tinue the same ; and may regulate the use of such water 
and fix and collect rates to be paid for the use of the 
same. 
May take waters Section 2. Said fire disti'ict may, for the purposes 
o^jierampoa s, j^^Qj,ggj^|^|^ take by pui'chase or otherwise, and hold all 
water rights of the system of water supply recently estab- 
lished within the limits of said town of Chester by Charles 
L. Goodhue of Springfield, with the privileges and appur- 
tenances thereto belonging, and all water yjipes, hydrants, 
gates, dams and appliances connected therewith ; and said 
fire district may also, for the purposes aforesaid, take by 
purchase or otherwise, and hold the waters of Austin 
brook, so-called, in the town of Chester, the waters of 
Blandford brook and Walker brook, in the towns of Ches- 
ter and Becket, and the Avaters of Horn pond, so-called, in 
the town of Becket, and the waters flowing into and from 
the same, as the said fire district may determine, together 
with any and all 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 of Chester ; and may 
erect on the land thus taken or held proper dams, build- 
ings, fixtures and other structures, and may make excava- 
tions, procure and operate machinery, and provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and efiective 
water works ; and may construct and lay down conduits, 



Acts, 1894. — Chap. 179. 159 

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 pun^ose of constructino-, May dig up 

. . -, . , ii- • ii'" lands under 

maintamni^ and repairmoj such conduits, pipes and other direction of 

kiy. 11 i» ji • j_ • ^ j2 selectmen. 

s, and tor all proper purposes oi this act, said hre 

district may dig up any such lands, and, under the direc- 
tion of the board of selectmen of the town in which 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. Said fire district shall, within sixty days Description of 
after the taking of any lands, rights of way, water rights, rtcordedV 
water sources or easements as aforesaid, otherwise than by 
purchase, file and cause to be recorded in the registry of 
deeds for the registry district in which the same are situ- 
ated, a description thereof sufficiently accurate for identi- 
fication, with a statement of the purpose for which the 
same were taken, signed by the water commissioners 
hereinafter provided for. 

SECTio>f 4. Said fire district shall be liable to pay all Damages. 
damages to property sustained by any person or corpora- 
tion by the taking of any lands, water or water rights by. 
said fire district, or by the laying or maintaining of any 
aqueducts or other works for the purposes aforesaid. Any 
person or corporation sustaining damages as aforesaid, and 
unable to agree with the said district upon the amount of 
such damages, may have them assessed in the manner pro- 
vided by law with respect to land taken for highways. 
Any person or corporation whose water rights are thus 
taken or affected may apply as aforesaid within three 
years from the time the water is actually withdrawn or 
diverted, and not thereafter. 

Section 5. The said fire district may, for the puriDose Chester Fim 

-. • .1 1 !• 1 -Tx- • 1 District Water 

of paying the necessary expenses ana liabilities incurred Loan, 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate thirty thousand dollars ; such bonds, notes and 
scrip shall bear on their f\ice the words, Chester Fire Dis- 
trict Water Loan, shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue, 
shall bear interest, payable annually, at a rate not exceed- 
ing six per cent, per annum, and shall be signed by the 
treasurer of the fire district and countersigned by the 



160 Acts, 1894. — Chap. 179. 

chairman of the prudential committee of said fire district 
and by the chairman of the water commissioners. The 
said fire district may sell such securities at public or pri- 
vate sale at not less than par, or pledge the same for money 
borrowed for the purposes of this act, upon such terms and 
conditions as it may deem proper. 

Sinking fund. Section 6. Said fire district shall establish a sinking 
fund and shall annually, after five years from the accept- 
ance of this act by said fire district, contribute to such 
fund a sum sufiicient with the accumulations to pay the 
principal of said loan at maturity. The sinlving fund shall 
remain inviolate and pledged to the payment of said loan 

Proviso. and shall be used for no other purpose : j^^'^^^'ided, that the 

said town or fire district may, instead of establishing said 
sinking fund, pay the principal of said loan })y annual in- 
stalments not exceeding the sum of two thousand dollars 
in one year. The said fire district shall assess and collect 
upon the estates, real and personal, in said fire district, by 
taxation, a sum which with the income derived from tb« 
water rates will be sufficient to pay the current annual ex- 
penses of operating its water works and the interest as it 
accrues on the bonds, notes or scrip issued as aforesaid 
by said fire district, and to make such contributions to 
the sinking fund or payments on the principal as may be 
required under this act. 

Town of Chester SECTION 7. Thc town of Chester mav, upon a two 

may guarantee ,., /«iii •i'' • ^ 

payment of thirds vote oi the legal voters present and votmg thereon 
at a legal meeting called for the purpose, guarantee the 
payment of said bonds, notes or scrip, provided such meet- 
ing is held within one yesLV from the acceptance of this act 
by said fire district. 

Penalty for Section 8. Whocvcr wilfully or wantonly corrupts, 

wlieF, Itc. ° pollutes or diverts any of the water taken under this act, 
or destroys or injures any dam, conduit, hydrant, ma- 
chinery or other works or property held, owned or used 
by said district under authority of and for the purposes 
of this act, shall forfeit and pay to the said district three 
times the amount of damage assessed therefor, to be re- 
covered in an action of tort ; and on con^'iction of any of 
the acts aforesaid may be punished by a fine not less than 
twenty nor more than three hundred dollars, or by impris- 
onment in jail not exceeding one year, or both. 

Water commis. Section 9. At tlic mccting of said fire district called 

sioners, election, ^, , r> ji • 7 j ii j- 

term, etc. for the acccptaucG or this act, or at any legal meeting 



Acts, 1894. — Chap. 180. 161 

called for the purpose, three persons shall be elected b}'- 
ballot who shall exercise all rights, powers and privi- 
leges herein granted, subject however to instructions and 
directions of the tire district, and who shall constitute a 
board of water commissioners ; one of said three persons 
shall be elected for the term of three years from the next 
succeeding annual meeting of said fire district, one for a 
term of two years and one for a term of one year ; after 
which first election one member of said board, as the term 
of each incumbent expires, shall be elected at the annual 
district meeting to serve for the term of three years. 
Said board of commissioners shall l)e trustees of the sink- Jf^g-nk™ ^*fund 
ing fund herein provided for and shall have charge of the 
water works, and niay fix the price of rent for the use of 
water, and may exercise all the rights, powers and author- 
ity granted to said district by this act relative to such 
duties, subject however to such instructions, rules and 
regulations as said district may impose by its vote, and a 
majority of said board of commissioners shall constitute 
a quorum for the transaction of business relative to the 
water works and the sinking fund. Any vacancy occur- vacancy. 
ring in said l)oard of commissioners fi'om any cause may 
be filled l)y said district at any legal district meeting for 
the unexpired term. 

Section 10. This act shall take effect upon its passage, subject to 
but no expenditure shall be made or liability incurred un- Two^thkcis^v^o^e''. 
der the same except for preliminary surveys and estimates, 
unless this act shall first be accepted by a vote of two thirds 
of the legal voters of said fire district present and voting 
thereon at a legal meeting called for that purpose within 
three years from the establishment and organization of 
said fire district in said town ; and the number of said 
meetings called for that purpose in any one year shall not 
exceed two. Approved March 30, 1S94. 



CAap.180 



An Act eelative to ixtelligence offices. 
Be it enacted^ etc., as folloivs : 

Section 1. The keeper of an intelligence office shall Not to receive 

. ^ n ^ (, money unless 

not receive or accept any sum of money from a person employment is 
seeking employment through the agency of such office, ^^°^^ ^ 
unless employment of the kind demanded is furnished. 

Section 2. If a person receiving emplovment through i^d'«<=*^^''?e<J. 

, . , ^ . . "^ ~. etc., part ot 

the agency of an intelliffeuce office is discharged by his money to be 

^ ^ J= O J refunded. 



162 



Acts, 1891. — Chap. 181. 



Act to be 
printed on 
licenses, etc. 



Penalty. 



employer within ten days from the time of entering upon 
such employment, and such discharge is not caused by the 
inability, incompetency or refusal of such person to per- 
form the work required, or by other fault of the person 
employed, the keeper of such intelligence office shall re- 
fund to such person on demand five sixths of any sum paid 
to such keeper by the employer on account of such em- 
ployment. 

Section 3. Tlie officers of towns and cities charged 
with the duty of granting licenses to keepers of intelli- 
gence offices shall cause this act to be printed on each such 
license. They shall also cause to be prepared and shall 
furnish to each keeper of a licensed intelligence office 
copies of this act, printed upon cardboard in type of a size 
not smaller than pica, and each licensee shall conspicu- 
ously post in each room occupied by him for the purpose 
of such intelligence office, three of said printed copies. 

Section 4. If a keeper of an intelligence office violates 
any of the provisions of this act his license shall be re- 
voked, and he shall be punished by fine of not less than 
twenty-five dollars nor more than fifty dollars for each 
offence. Approved March 30, 1894. 



OAttD.lSl -'^^ -^CT RELATING TO THE DISPOSITION OF BAGGAGE RETAINED BY 
INNHOLDERS OK REMAINING UNCLAIMED IN THEIR POSSESSION. 



Be it enacted, etc., as follows. 



1893, 419, § 1, 
amended. 



months, etc. 



Section 1 . Section one of chapter four hundred and 
nineteen of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out in the 
second line, the words " one year", and inserting in place 
thereof the words : — six months, — so as to read as fol- 
fold^at^^u'bu^^^ ^*^^^ * — Section 1. An innholder may, after retaining 
auction after six the sauic for six iiiontlis from the time of departure of a 
guest from his inn, sell at public auction upon the premises 
of the inn, any trunks, carpetbags, valises, parcels, cloth- 
ing, goods or other personal property of a guest which has 
been abandoned by such guest, or which such innholder 
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 first 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 publish- 
ine: the same once a week for three successive weeks in 



Acts, 1894. — Chap. 182. 163 

some newspaper, if there is any, published in the city or 
town where the inn is situated, and if no newspaper is pub- 
lished in such city or town, then in some newspaper pub- 
lished in the county where the inn is situated, the first 
publication of such notice to be not less than twenty-one 
days before the day of sale, and by mailing a copy of such 
notice properly prepaid and duly registered and addressed 
to said guest at the place of residence registered by him in 
the register of such inn. Such notice shall contain a de- Descriptive 
scriptive 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 innholder. 

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

Approved March 30, 1894. 

An Act relative to the payment of debts rNCURREo in the (lJictp,\Q2i 

ESTABLISHMENT OF MUNICIPAL GAS AND ELECTRIC LIGHTING 
PLANTS. 

Be it enacted, etc., asfoUoivs : 

Section 1 . Section nine of chapter four hundred and amended ^ ^' 
fifty-four of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out all after 
the word " may", in the third line, and inserting in place 
thereof the words : — provide for the payment of the debt 
incurred, in annual payments of such amounts as will in 
the aggregate extinguish the same within a terra not ex- 
ceeding thirty years, and issue bonds, notes or scrip there- 
for, and the amount required thereby shall without further 
vote be assessed by the assessors of such town or city in 
each year thereafter until said debt 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 ; said bonds, notes or scrip being subject 
in all other respects to the provisions of said chapter three 
hundred and seventy, — so as to read as follows : — Sec- Payment of 
tion 9. In lieu of issuing bonds under the provisions of '''^"•^'*'- 
section four of said chapter three hundred and seventy, a 
town or city may provide for the payment of the debt in- 
curred, in annual payments of such amounts as will in the 
aggregate extinguish the same within a term not exceed- 
ing thirty years, and issue bonds, notes or scrip therefor, 
and the amount required thereby shall without further 
vote be assessed by the assessors of such town or city in 



164 Acts, 1894 — Chaps. 183, 184, 185. 

each year thereafter until said debt 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 ; said bonds, notes or scrip being subject 
in all other respects to the provisions of said chapter three 
hundred and seventy. 

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

Approved March 30, 1894. 

Chan 183 ^^ ^^^ relating to the accounts ov registeks of probate 

AND insolvency. 

Be it enacted, etc., as foUoics: 
Accounts to be SECTION 1. The Controller of county accounts, by him- 

examined. ^ ■< • t • in i . ■, 

self or one of his deputies, shall, at least once m each 
year, examine the accounts of registers of probate and 
insolvency. 
Subject to pro- SECTION 2. Registers of probate and insolvency shall 
438, etc. '' be subject to all the provisions of chapter four hundred 
and thirty-eight of the acts of the year eighteen hundred 
and eighty-seven, and acts in amendment thereof, so far 
as the same are applicable. 

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

Approved March 30, 1894. 

CJlCin.lSi: ^^ ^CT relating TO POOR DEBTOR PROCEEDINGS BEFORE INFERIOR 

COURTS. 

Be it enacted, etc., as follows : 

Xl°l^lonnlxom ^11 proceedings before any district, police or municipal 
which writ or court, uuder the provisions of chapter one hundred and 

GXGCUtlOD 

issued, etc. sixty-two of the Public Statutes or of any act in amend- 
ment thereof, shall be in the court from which the writ or 
execution issued ; or if the wi'it or execution did not issue 
from a district, police or municipal court, then such pro- 
ceedings shall be in the court within the district in which 
the debtor lives or has a usual place of business. 

Approved March 30, 1S94. 

CJiaV.lS5 ^^ ^^'^ '^^ INCORPORATE THE RUFUS S. FROST GENERAL HOSPITAL 
IN THE CITY OF CHELSEA AND TO CHANGE THE NAME OF THE 
CHELSEA DAY NURSERY, CHILDREN'S HOME AND GENERAL HOS- 
PITAL. 

Be it enacted, etc., as folloics : 

QeiTrai'Iost Section 1. C. Emily Frost, William G. Wheeler, 
taiincorporated. Charlcs Lccds, Samucl p. Tenney, John K. Hodgdon, 



Acts, 1894. — CiiAr. 185. 165 

Jabez K. Montgomery, Dennis A. O'Brien, Edward H. 
Lowell, Alphonso S. Harris, N. Semantha Sparhawk, 
Annie M. Mitchell and Kuth J, Wyeth, their associates 
and successors, are hereby made a corporation by the 
name of Rufus S. Frost General Hospital, for the purpose 
of establishing and maintaining a hospital in the city of 
Chelsea, for the care and treatment of sick and disabled 
persons ; with all the powers and privileges and subject 
to all tlie duties, restrictions and liabilities set forth in the 
general laws which now are or may hereafter be in force 
relating to such corporations. 

Section 2. The corporation shall consist of the afore- Members. 
said incorporators and of such persons as may at any legal 
meeting of the corporation be elected members thereof by 
ballot. 

Sectiox o. Said corporation may receive and hold May receive ami 

1 'J hold real and 

real and personal estate which may from time to time be pi^rBonai estate. 

given, granted, bequeathed or devised to it and accepted 

by the corporation, or that may be purchased by it, to an 

amount not exceeding one hundred thousand dollars, for 

the uses and purposes of said hospital : provided, always. Proviso. 

that said estate shall be appropriated according to the 

terms of the donation, devise or bequest. 

Section 4. All funds now or which may hereafter be investment of 
accumulated or set apart for the general maintenance of 
the hospital, or the maintenance of a free bed or free beds 
in said hospital, shall be hereafter invested only in such 
securities and in such manner as may be provided from 
time to time by the laws governing investments l)y sav- 
ings banks. 

Section 5. The name of the Chelsea Day Nursery, Name changed. 
Children's Home and General Hospital is hereby changed 
to the Chelsea Day Nurserv and Children's Home. 

Section 6. The said Chelsea Day Nursery and Chil- ^onyey^nce of 
dren's Home may convey any real estate or personal 
property which has Ijeen appropriated to the uses of the 
said general hospital while the same existed as part of 
said Chelsea Day Nursery, Children's Home and General 
Hospital, under the provisions of chapter one hundred 
and sixteen of the acts of the year eighteen hundred and 
ninety, to the said Rufus S. Frost General Hospital, and 
said conveyance shall be subject to all the conditions 
and limitations mentioned or referred to in deeds of said 
real estate from Rufus S. Frost to said Chelsea Day 



166 Acts, 1894. — Chaps. 186, 187. 

Nursery, Children's Home and General Hospital, recorded 
with Suffolk registry deeds, liber one thousand nine hun- 
dred and tliirty-two, folio five hundred and thirty-nine, 
liber one thousand nine hundred and thirty-six, folio two 
hundred and ninety-iive, and liber one thousand nine hun- 
dred and ninety-two, folio four hundred and ten. The 
Rufus S. Frost General Hospital shall hold said property 
in the same manner and for the same purposes for which 
it is authorized to hold other property mentioned in this 
chapter, 
debu?"""^ Section 7. The said Chelsea Day Nursery and Chil- 

dren's Home shall assume all debts incurred to the time 
of the passage of this act for the use of that department 
while it existed as part of the said Chelsea Day Nursery, 
Children's Home and General Hospital, and the said Rufus 
S. Frost General Hospital shall assume all debts incurred 
to the time of the passage of this act for the use of the 
general hospital while it existed as part of the said Chel- 
sea Day Nursery, Children's Home and General Hospital. 

Section 8. Chapter ninety-four of the acts of the year 
eighteen hundred and ninety-four is hereby repealed. 

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

Approved March 30^ 1894. 

Chap.lSQ -^^ ^*^T TO LEGALIZE A VOTE OF THE TOAVN OF ANDOVER APPRO- 
PRIATING A SUM OF MONEY AS INDEMNITY FOR PROPERTY IN- 
JURED BY THE FIRE DEPARTMENT OF SAID TOWN. 

Be it enacted^ etc., as follows: 
Vote legalized. Section 1. The votc of the town of Andover, passed 
on the sixth day of March in the year eighteen hundred 
and ninety-three, appropriating one hundred and fifty dol- 
lars to pay Silas Buck for a horse lost by drawing steam 
fire engine, is hereby declared legal and valid, and the 
town of Andover is hereby authorized to pay said sum of 
one hundred and fifty dollars to said Silas Buck or his 
legal representatives. 

Section 2. This act shall take efiectupon its passage. 

Ap)proved March 31, 1894. 

Cho/pAST -^^ ^CT RELATING TO THE WATER SUPPLY OF THE TOWNS OF 

STONEHAM AND W^AKEFIELD. 

Be it enacted, etc., as follows: 
StM/mp^e?ty, Section 1. The towns of Stoneham and Wakefield are 
tieTd waTe'l-'"^' ' ^^rcby authorized and empowered to purchase the fran- 
company. cliiscs, rights and property of the Wakefield Water Com- 



Acts, 1894. — Chap. 187. 167 

pany, in accordance with the terms of the contract entered 
into between the town of Stoneham and the Quannapowitt 
Water Compan}^ dated the twenty-sixth day of January 
in the year eighteen hundred and eighty-three, and ratified 
and confirmed by chapter eighty-five of the acts of the year 
eighteen hundred and eighty-three. 

Section 2. If the towns of Stoneliam and Wakefield ^y^efiew to*^ 
shall purchase the franchises, rights and property of the hoid, as joint 
Wakefield Water Company, as provided in this act, the propenVretcT 
two towns shall thereafter hold, as joint and equal owners, 
the franchises, standpipe, pumping station, and such real 
estate and works as are used jointly for both towns, and 
raise and contribute one half of the expense of purchase 
thereof, to be agreed upon or fixed by the commissioners 
provided for in said contract, and each town shall bear 
one half of the expense of maintenance thereof until other- 
v^ise agreed or provided by statute ; but each town shall 
own in severalty those portions of the works constructed 
and maintained exclusively for its own use, and pay for 
the same such amount as shall be agreed upon or fixed by 
said commissioners ; and if in the future the supply of 
water shall prove insuflicient for more than one town for 
domestic purposes neither town shall have any greater 
rights in the same than the other. 

Section 3. If the two towns shall hereafter purchase May take and 
said franchises, rights and property, as provided in this landsrwaTJJ- 
act, they shall thereupon have the sole, exclusive and '"'Khta, etc. 
perpetual right to hold the w^aters of Quannapowitt and 
Crystal lakes in the towm of Wakefield, together with the 
tributary waters which flow to either, in said towns of 
Wakefield and Stoneham, with full power and authority 
to jointly take and hold by purchase or otherwise any 
lands, water rights, rights of way and easements neces- 
sary for laying, constructing and maintaining aqueducts, 
water courses, reservoirs, storage basins, dams and such 
other works as may be deemed necessary for purifying 
the sources of their water supply and for collecting, puri- 
fying, raising, storing, retaining, discharging, conducting 
and distributing said waters ; and with full power and 
authority to construct aqueducts, maintain dams, reser- 
voirs, storage basins and other proper works ; and to 
erect buildings and machinery used jointly by both towns ; 
and in such case the expense and maintenance thereof 
shall be borne equally by each town until otherwise pro- 



168 Acts, 1804. — Chap. 187. 

May each take yidecl by statute or agreement between the towns. Each 
and hold Ian s, ^^. ^^^^ {qwds of Wakefield and Stoneham is hereby given 
Ml power and authority to convey the water of said ponds 
through its limits for its own use and for the use of the 
inhabitants thereof, for the extinguishment of fires and for 
domestic and other purposes, with full power and author- 
ity to take and hold by purchase or otherwise any lands, 
rights of way and easements necessary for laying, con- 
structing and maintaining aqueducts, w^ater courses, res- 
ervoirs, storage basins, dams and such other works as 
may be deemed necessary for purifying the sources of its 
water supply, and for erecting, purifying, raising, stor- 
ing, retaining, discharging, conducting and distributing 
said water; and with full power and authority to con- 
struct aqueducts and maintain dams, reservoirs, storage 
basins and other proper works ; to erect buildings and 
machinery for its own use and to make and establish such 
public fountains and hydrants as may from time to time 
be deemed proper; to change or discontinue the same, 
and ^vith full power and authority for the purposes afore- 
said to carry any pipe, drain or aqueduct over or under 
any water course, street, railroad, public way, highway 
or other way within its ow^n limits, in such manner as not 
unnecessarily to obstruct the same ; to enter upon and dig 
up such road, street or way for the purpose of laying 
down, maintaining or repairing any pipe, drain or aque- 
duct, and to do any other thing necessary or convenient 
in executing the purposes of this act. 
Description of SECTION 4. Each of Said towns, or the two towns 
recordid?' ° '^ jointly, as the case may l)e, shall, within sixty days after 
the taking of any land, water rights, rights of way or 
easements as aforesaid, otherwise than by purchase, file 
and cause to be recorded in the registry of deeds for the 
county and district in which such land or property is sit- 
uated, a description thereof sufficiently accurate for iden- 
tification, with a statement of the purpose for which the 
same was taken, which statement shall be signed by the 
joint water board of both towns when taken for their 
joint use, and by the water commissioners of either town 
when taken for its separate use. 
Damagee. SECTION 5. Botli towus jointly, whcu the taking is for 

joint use, and each town separately when the taking is for 
separate use, shall pay all damages sustained by any per- 
son or corporation in property by the taking of any land, 



Acts, 1894. — Chap. 187. 169 

water, water right, easement or other property, or by any 
other thing done by the town or towns under the author- 
ity of this act. Any person or corporation sustaining 
damages as aforesaid, who fails to agree with the town or 
towns as to the amount of damage sustained, may have 
the damages assessed and determined in the manner pro- 
vided by law when kind is taken for the laying out of 
highways, on application at any time within the period 
of three years from the taking of such land or other prop- 
erty or the doing of other injury under the authority of 
this act ; but no such application shall be made after the 
expiration of said three years. No application for the 
assessment of damages for the taking of any water or 
water rights, or for any injury thereto, shall be made 
until the water is actually withdrawn or diverted under 
the authority of this act ; and any person or corporation 
whose water rights may he thus taken or affected may 
make his application as aforesaid at any time within three 
years from the time when the water shall be so w^ithdrawn 
or diverted. 

Section 6. The two preceding sections shall not apply sections 4 and 5 
to the purchase of the franchise, rights and property of ''°'""'ppy>^'°* 
the Wakefield Water Company, in accordance with the 
provisions of said contract and of section one of this act. 

iSECTiON 7. The powers and duties granted to and ^n'e'gl'powJrB, 
imposed upon the said towns of Wakefield and Stoneham duties, etc 
l)y this act, and the control and management of the fran- 
chise, rights and property of the Wakefield Water Com- 
pany, in case the same are purchased as aforesaid, shall 
be exercised by boards of water commissioners consisting 
of three residents of each town, to be elected in the same 
manner as selectmen. The control and management of 
the franchises, standpipes, pumping station and such real 
estate and works as are used jointly for both towns shall 
be exercised by both boards, acting as one joint l)oard, 
who shall establish and regulate the price and use of the 
water ; but the control and management of those portions 
of the works constructed and used exclusively for each 
town separately shall be exercised by its own board, and 
each town shall be entitled to all the income derived from 
its own inhabitants. The joint l^oard shall put, keep and 
maintain all the joint property in such condition and of 
such capacity as to supply the demand for water by each 
town. Said commissioners shall first bo elected at a meet- Election, term, 



Vacancies. 



170 Acts, 1894. — Chap. 187. 

ing duly called for that purpose and shall hold their office 
for the terms of one, two and three years respectively 
from the next annual town meeting, their terms of office 
to begin immediately upon their election ; and thereafter 
one commissioner shall be elected each year for the term 
of three years. Vacancies occurring during the term may 
be tilled for the remainder of the term by a majority of 
votes of the selectmen and remaining commissioners, act- 
ing in joint convention. 
restruTteT'^'*'' Sectiox 8. No extcDsions shall be made for domestic 
or manufacturing purposes in either town unless a guar- 
anty of live per cent, per annum on the cost of such 
extension, for live years, shall be furnished, satisfactory 
to its commissioners, and no new hydrant shall be estab- 
lished in either town without the unanimous vote of the 
commissioners of that town and a two thirds vote of the 
legal voters of the town present and voting thereon at a 
meeting called for that purpose. 
watoLoanand Section 9. The towus of Stouehaui and Wakefield, 
Wakefield for tlic purposc of paying the necessary expenses and 
liabilities incurred under the provisions of this act, each 
may issue from time to time bonds, notes or scrip to an 
amount sufficient for such purposes ; and in case the towns 
of Stoueham and Wakefield purchase the franchise, rights 
and property of the Wakefield Water Company, as pro- 
vided by said contract and herein provided, each of said 
towns may issue bonds and notes or scrip to the amount 
required to be paid to the company therefor, together 
with all expenses incidental to such purchase for any ex.- 
tensions, improvement or addition to the works of said 
company, not exceeding fifty thousand dollars l^eyond the 
amount to be paid to said company. Such bonds, notes 
or scrip shall bear on their face the words, Stoneham 
Water Loan, or Wakefield Water Loan, as the case may 
be, shall be payable at the expiration of a period not 
exceeding thirty years from the date of issue, shall bear 
interest payable semi-annually at a rate not exceeding 
four per cent, per annum, shall be signed by the treasurer 
of the town and be countersigned by the water commis- 
sioners of the town. The towns of Stoneham and Wake- 
field may severally sell such securities at pul)lic 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, provided that such securities shall not 



Acts, 1804. — Chap. 187. 171 

be sold nor pledged for less than their par value. It shall linking fund. 
provide at the time of contracting any loan, as herein pro- 
vided, for the establishment of a sinking fund, and shall 
annually contribute to said fund a sum sufficient with the 
accunuiiations thereof to pay the principal of said loan at 
maturity. The commissioners of sinking funds of each 
of said towns shall be trustees of the 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 purpose. The commissioners shall annually, and as 
often as the town may require, render an account of all 
their doings in relation to the sinking fund, and shall be 
governed by the provisions of section eleven of chapter 
twenty-nine of the Public Statutes, except as herein other- 
wise provided. 

Section 10. Each of said towns shall annually raise Payment of es- 
by taxation a sum which with the income derived from its on loan's, etc. 
water rates will be sufficient to pay the current annual 
expenses of operating its water works and the interest as 
it accrues on its bonds, notes and scrip, and incidental 
expenses, and to make such contributions to the sinking 
fund and payments on the principal as may be required 
by the provisions of this act. 

vSectiox 11. If any person shall use any water taken Corruption of 

1 . <• • 1 • 1 j_ j_i water, injury to 

under this act or by virtue or said contract, without the property, etc. 
consent of said towns, or shall wantonly or maliciously 
divert the water or any part thereof, taken or held by said 
towns pursuant to the provisions of this act or of said 
contract, or corrupt the same, or render it impure, or de- 
stroy or injure any dam, aqueduct, pipe, conduit, hydrant, 
machinery or other works or property held or owned by 
said towns, or either of them, under the authority of 
and for the purposes of this act, he shall forfeit and pay Penalty, 
to the town or towns owning the same three times the 
amount of damages assessed therefor, to be recovered in 
an action of tort ; and on conviction of either of the wan- 
ton or malicious acts aforesaid shall be also punished by a 
fine not exceeding three hundred dollars or by imprison- 
ment in the house of correction for not less than three nor 
more than twelve months. 

Section 12. The occupant of any tenement shall be Liability in case 
liable for the payment of the rent for the use of water of wa^e^u™.^" 
in such tenement, and the owner shall also be liable in 



172 Acts, 1894. — Chap. 188. 

case of non-payment by the occupant for all sums due 
for the use of water under this act, to be collected in an 
action of contract in the name of the town. 
sxibjectto Section 13. The said two towns shall take advantage 

both^town^s ^ of the foregoing provisions of this act only upon the 
none year, ^(.(j^p^j^j^^.^ of g^id provisious ])y botli withiu ouc year 
from the date of the passage of this act, and upon such 
acceptance section thirteen of chapter three hundred and 
thirty-five of the acts of the j'ear eighteen hundred and 
seventy-two shall thereupon be repealed. 
Mayactsepa- Sectiox 14. lu casc citlicr of the towns of Wakefield 

failure to accept. Or Stoucham shall fail to accept the foregoing provisions 
of this act, within one year from the date of its passage, 
then full power and authority is herein granted to the 
town of Wakefield and to the town of Stoneham to the 
end that either may purchase, own and operate the fran- 
chise, works and other property of the "^^^akefield Water 
Company, or any part thereof; and in case of such pur- 
chase by either of said towns, all of the powers herein- 
before granted to and all of the duties hereinbefore 
imposed upon the towns of Wakefield and Stoneham, 
jointly or separately, in the event of the purchase by both 
in accordance with the provisions of this act, are, so far 
as the same are applicable, hereby granted to and imposed 
upon the town so purchasing. The board of water com- 
missioners of the town so purchasing shall exercise all the 
powers and discharge all the duties which are hereinbefore 
granted to and imposed upon the joint board and the sepa- 
rate boards. And the further authority is hereby granted 
to such town so purchasing to supply the other with 
water for fire, domestic and other purposes, as fully as 
the Wakefield Water Company may now do. 

Approved March 31, 1894. 



Cliax).lS^ 



An Act relating to school attendance and truancy. 
■Be it enacted, etc., as foUotus : 
Children to Sectiox 1. EvcTv Dcrsou haviuo; uudcr his control a 

attend public i .1 , i ;i r- • 1 j P c a i 

day school, etc. child bctwcen the ages oi eight and tourteen years, and, 
in cities and towns where industrial training is taught, 
between the ages of eight and fifteen years, shall annually 
cause such child to attend some public day school in the 
city or town in which he resides, for at least thirty weeks 
if the schools are kept open that length of time, with an 



Acts, 1894. — Chap. 189. 173 

allowance of two weeks' time for absences not excused 
by the superintendent of schools or the school commit- 
tee ; such period of attendance shall begin within the first 
month of the fall term of school, and for each five days Penalty. 
of absence of any such child thereafter, in excess of the 
above allowance, before the completion of the required 
annual attendance of thirty weeks, the person having such 
child under his control shall, upon the complaint of the 
school committee or any truant oflicer, forfeit to the use 
of the public schools of such city or town a sum not ex- 
ceeding twenty dollars ; but if such child has attended for 
a like period of time a private day school approved by the 
school committee of such city or town, or if such child 
has been otherwise instructed for a like period of time in 
the branches of learning required by law to be taught in 
the public schools, or has already acquired the branches 
of learning required by law to be taught in the public 
schools, or if his physical or mental condition is such as 
to render such attendance inexpedient or impracticable, 
such penalty shall not be incurred. 

Section 2. Section one of chapter forty-seven of the Repeal. 
Public Statutes, section one of chapter four hundred and 
sixty-four of the acts of the year eighteen hundred and 
eighty-nine, and chapter three hundred and eighty-four 
of the acts of the year eighteen hundred and ninety, are 
hereby repealed ; but such repeal shall not afiect any for- 
feiture incurred, suit or proceeding pending, or action ac- 
crued under said sections. Approved March 31, 1894. 

Ax Act for the further protectiox of smelts ix i;ostox ryj ^, ^ i qq 

HARBOR AXD OTHER WATERS, ^ 

Be it enacted, etc , as follows : 

Section 1. No person shall set, draw, use or attempt useofnet.seine, 

,,-1 j_ • A. 1 • n J k etc., prohibited. 

to set, draw or use, any net, seine, trap or device lor catch- 
ing smelts, other than a naturally or artificially baited 
hook, in the waters of Boston harbor, Hingham harbor. 
Weir river, Weymouth Fore river, Weymouth Back river, 
Neponset river, Charles river. Mystic river, or in any 
cove, bay, inlet or tributary of the same: provided, that" 
nothing herein contained shall be so construed as to pro- 
hibit the use of traps for catching lobsters. 

Section 2. Possession of any net, seine, trap or de- ^^^^H^^J^^^^ 
vice for catching fish, other than a naturally or artificially to be evidence'of 



174 Acts, 1894. — Chap. 189. 

baited hook, in or upon said harbors, rivers or tributaries, 
or on the banks of the same, if adapted to the present 
catching of smelts and apparently intended for that pur- 
pose, shall be deemed prima facie evidence of a violation 
of this act ; and the possession of any fi'esh smelts, not 
apparently caught by the use of a hook, in or upon said 
harbors, rivers or tributaries, or on the banks of the same, 
after sunset or under other circumstances of suspicion, 
shall be deemed prima facie evidence that said smelts 
were caught contrary to the provisions of this act by the 
person in whose possession they are found. 

Penalty. SECTION 3. Whocvcr violatcs any provision herein 

contained, or receives smelts knowing or having reason- 
able cause to believe that the same have been taken con- 
trary to the provisions of this act, shall be punished by a 
fine of not less than fifty nor more than two hundred 
dollars, or by imprisonment for not less than six nor 
more than twelve months, or by both. In case of a 
second offence it shall be the duty of the court to impose 
both said fine and imprisonment. Upon conviction of 
any violation of any provision of this act the person so 
convicted shall in addition forfeit any net, seine, trap or 
other device, and any vessel, boat, craft; or other appa- 
ratus used in connection with such receiving, or other 
violation of the provisions of this act. Any such articles 
set or in use contrary to the provisions of this act are 
hereby declared to be forfeited. 

May search, Section 4. Auy fisli conimissioncr, deputy commis- 

ouTa wa'rrani. ' sioucr, dcputy sheriff, police officer or constable, within 
his jurisdiction, is hereljy empowered to make search for 
and seize, without warrant, any smelts which he has 
reason to suspect were taken contrary to the provisions 
of this act, and the net, seine, trap or other device, and 
the vessel, boat, craft or other apparatus used in connec- 
tion with such receiving, or other violation of the provi- 
sions of this act, and the cask, barrel or other vessel or 
wrapper containing said smelts. Said ofiicer is authorized 
to libel said property according to law, or, at his dis- 
cretion, to sell the same or any part thereof at private 
sale or public auction, and libel the net proceeds of such 
sale according to law, in the same manner and with the 
same effect as if such proceeds were the property itself. 

Fines and for- Section 5 . In all procccdiugs uudcr this act one half 
ei urcs. ^^ ^1^ lines and forfeitures shall enure to the benefit of the 



Acts, 1894. — Chap. 190. 175 

complainant and one half to the city or town within which 
the offence is committed. 

Section 6. All acts or parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 31, 1894. 



An Act to provide that the overseers of the poor of the (7/^(^7^,190 
city of lowell shall be elected by the people instead 
of by the city council. 

Be it enacted, etc., as follows : 

Section 1. Chapter one hundred and seventy-three 1875,173, 
of the acts of the year eighteen hundred and seventy-five *™^° 
is hereby amended by striking out section twenty-nine 
and inserting in place thereof the following new section : 
— Section 29. The board of overseers of the poor shall po'o^^efecuon?* 
consist of the mayor, who shall be chairman ex oflScio, and lerms, etc. 
one citizen from each ward, who shall not hold any elective 
or appointive office under the city council, to be elected in 
the manner hereinafter provided. At the annual munic- 
ipal election in the year eighteen hundred and ninety- 
four the qualified voters of each ward shall choose one of 
their number to be a member of said board fivjm the first 
Monday of January next following such election, and said 
board of overseers shall so assign by lot the terms of the 
respective members so elected that the terms of one half 
shall expire each year thereafter ; and at each succeeding 
annual municipal election the legal voters of each ward, 
the term of whose representative in said board expires at 
the close of the municipal year in which such municipal 
election is held, shall choose a member of said board for 
the term of the two municipal years immediately succeed- 
ing : provided, however, that if in any year of a new divi- Pi'o^i^o- 
sion of the city into wards, the number of the wards shall 
be changed, the terms of ofiice of all the members of said 
board shall expire at the end of the municipal year in 
w^hich 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 so assign by 
lot the terms of the respective members so elected that 
the terms of one half, as near as may be, shall expire each 
year thereafter. In case of a vacancy in said board the vacancy. 
city council shall fill such vacancy by electing a citizen 
from the ward in which said vacancy exists, to serve for 



176 



Acts, 1894. — Chap. 191. 



Maj' appoint 
certain officers. 



Proviso. 



When to take 
effect. 



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 member of said 
board of overseers to till any unexpired term. The mem- 
bers 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 ; jn-o- 
vided, hoiveuer, 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. 
Section 2. So much of this act as provides for the 
election of overseers of the poor at the annual munici- 
pal election in the year eighteen hundred and ninety-four 
shall take effect on the second Tuesday in December next, 
but for all other purposes this act shall take effect on the 
first Monday in January in the year eighteen hundred and 
ninety-five. Approved March 31, 1894. 



0/^^^.191 "^^ -^^^ ^^ AUTHORIZE THE REVERE WATER COMPANY TO HOLD 

ADDITIOXAL PERSONAL ESTATE. 



1882, 14l', § 5, 
amended. 



Be it enacted, etc., asfoUoivs: 

Section 1. Section five of chapter one hundred and 
forty-two of the acts of the year eighteen hundred and 
eighty-two is here])y amended by striking out in the 
second line, after the word "real", the words "and 
personal", and hy striking out in the fourth line, the 
word "seventy-five", and inserting in place thereof the 
words : — one hundred and twenty-five , — so as to read 
Real estate and as follows : — Sectioii 5. Said Corporation, for the pur- 
poses set forth in this act, may hold real estate not ex- 
ceeding in value fifty thousand dollars ; and its whole 
capital stock shall not exceed one hundred and twenty- 
five thousand dollars, to l)e divided into shares of one 
hundred dollars each. 

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

Approved March 31, 1894. 



capital stock. 



Acts, 1894. — Chaps. 192, 193, 194. 177 



An Act to change the name of the trustees of the museum QJiapAQ2 

OF FINE ARTS AND TO AUTHOPvIZE SAID CORPORATION TO HOLD 
ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted^ etc., as follows: 

Section 1 . The name of The Trustees of the Museum Name changed, 
of Fine Arts is hereby changed to Museum of Fine Arts. 

Section 2. In addition to the land now held by said ^uon'la'estate. 
corporation, and the buildings erected or which may be 
erected thereon, said corporation may receive by gift, 
devise, bequest or otherwise, and may hold and use for 
the purposes for which it was incorporated, real and 
personal estate to an amount not exceeding two million 
dollars. 

Section 3. Section two of chapter four of the acts of i^^peaL 
the year eighteen hundred and seventy is hereby repealed. 

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

Approved March 81, 1894. 

An Act to enlarge the powers of the Appalachian moun- (Jhav.liQS 

TAIN club. 

Be it enacted, etc., as follows: 

Section 1 . In addition to the powers heretofore given May develop, 
to the Appalachian Mountain Club it is hereby authorized to foresttnamoun- 
obtain by purchase, gift or otherwise, forest and mountain ^am lands, etc. 
lands, and places of scenic and historic interest, and to 
hold, develop and administer the same. 

Section 2. The real estate so acquired and held by To be exempt 
the Appalachian Mountain Club, and used by it for the ■■ "^ ^^^ ^ 
purposes set forth in the preceding section, and from 
which it shall receive no income or profit appropriated 
otherwise than for maintenance, shall be exempt from 
taxation. 

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

Approved March 31, 1894. 

An Act to authorize the town of methuen to make an nhrtjy 1 94 

ADDITIONAL WATER LOAN. "^ 

Be it enacted, etc., as follows: 

Section 1. The town of Methuen, for the purpose of Methuen water 

. . ' -, i . 1 Loan. 

completing its water supply system and supplying said 
town with water, and also for the payment of money 



178 Acts, 1894. — Chap. 195. 

borrowed by vote of the town in anticipation of the sale 
of its water bonds to commence the construction of a 
system of water works, may issue notes or bonds from 
time to time as it may deem necessary, to an amount not 
exceeding- lifty thousand dollars in addition to the indebt- 
edness already authorized for water purposes. Said notes 
or bonds shall bear on their face the words, Methuen Water 
Loan, shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue, and shall 
be issued upon the conditions and in the manner set forth 
in chapter three hundred and ten of the acts of the year 
eighteen hundred and ninety-two. 
Payment of Sectiox 2. Said towu instead of establishing a sink- 

ing fund for the payment of said loan may provide for 
the payment thereof in such proportionate payments, 
after the expiration of ten years from the first issuance 
of said loan, as will extinguish the same within the time 
prescribed in this act. 

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

Airproved March 31, 1894. 

ChaV'l^^ An Act regulating commitments to lunatic hospitals. 

Be it enacted, etc., as folloios: 
p. s. 87 §12, Section twelve of chapter eighty-seven of the Public 

Statutes is hereby amended l)y inserting in the eighth 
line, after the word "asylum", the words: — and that 
he either has a legal settlement in the state or has been 
an inhabitant thereof for the six months immediately pre- 
ceding such finding, or that arrangements satisfactory to 
the state board of lunacy and charity have been made for 
his maintenance, or that by reason of insanity he would be 
Order of judge daugcrous if at large, — so as to read as follows : — Sec- 
commitmentto tioii 12. Exccpt whcu othcrwise specially provided, no 
^ospita.excep , p^j^g^j^ sliall be Committed to a lunatic hospital, asylum, 
or other receptacle for the insane, public or private, with- 
out an order or certificate therefor, signed by one of the 
judges named in the preceding section, said person resid- 
ing or being within the county as therein provided. Such 
order or certificate shall state that the judge finds that the 
person committed is insane, and is a fit person for treat- 
ment in an insane asylum ; and that he either has a legal 
settlement in the state or has been an inhabitant thereof 
for the six months immediately preceding such finding, or 



Acts, 1894. — Chap. 196. 179 

that arrangements satisfactory to the state board of lunacy 
and charity have l)een made for his maintenance, or that 
by reason of insanity he would be dangerous if at large. 
And said judge shall see and examine the person alleged 
to be insane, or state in his final order the reason why it 
was not deemed necessary or advisable to do so. The 
hearing, except when a jury is summoned, shall be at 
such place as the judge shall appoint. In all cases the 
judge shall certify in what place the lunatic resided at the 
time of his commitment ; or if the confinement is ordered 
by a court, the judge shall certify in what place the luna- 
tic resided at the time of the arrest in pursuance of which 
he was held to answer before such court ; and such cer- 
tificate shall, for the purposes of the preceding section, 
be conclusive evidence of his residence. 

Approved March 31, 1894. 

An Act regulating transfers betaveen certain charitable (7y^WX>.196 

INSTITUTIONS. 

Be it enacted^ etc., as foUoivs : 

Section thirteen of chapter seventy-nine of the Public p- s. 79. § 13, 
Statutes is hereby amended by striking out in the second " 
and third lines, the words "asylum for the chronic insane 
at Worcester, any inmate of the state almshouse or state 
workhouse ", and inserting in place thereof the words : — 
Worcester insane asylum, any inmate of the state alms- 
house, the state farm, or the Massachusetts hospital for 
dipsomaniacs and inebriates, — so as to read as follows : — 
Section 13. The board may transfer and commit to either May transfer 
of the state lunatic hospitals, or to the Worcester insane L'lmshouse.^efc^, 
asylum, any inmate of the state almshouse, the state farm, hospntis""^"" 
or the Massachusetts hospital for dipsomaniacs and ine- 
briates, whose condition requires such transfer ; but no 
such transfer shall be made without the certificate of two 
physicians, one of whom has no connection Avith any hos- 
pital or asylum for the insane, to the insanity of such 
inmate. Upon application of the director, manager, or 
trustees of a private asylum for the insane, the board 
shall have the power to transfer any inmates of such 
asylum to another private asylum, or to a state lunatic 
hospital ; but no such transfer shall be made without the 
consent of the legal or natural guardian of such inmate. 

Approved March 31, 1894. 



180 



Acts, 1894. — Chap. 197. 



(JJl(in.\Q7 ^^ ^^'^ MAKING APPROPRIATIONS FOR EXPENSES AUTHORIZED THE 
PRESENT YEAR AND FOR CERTAIN OTHER EXPENSES AUTHORIZED 
BY LAW. 



Appropriations. 



Fire marshal, 
city of Boston. 



Small items of 
expenditure. 



Histories of 
regiments, etc. 



Espensee of 
legislative com- 
mittees. 



Report of com- 
missioner of 
public records. 



State industrial 
school. 



Mother of Rob- 
ert C.Brown. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
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 salary and expenses of the fire marshal of the city 
of Boston, as provided for in chapter two hundred and 
thirty-one of the acts of the year eighteen hundred and 
eighty-seven, the sum of nine thousand seven hundred 
sixty-seven dollars and forty-two cents, which amount is 
payable to the treasurer of the city of Boston. 

For small items of expenditure for which no appropria- 
tions have been made, or for which appropriations have 
been exhausted or reverted to the treasury in previous 
years, a sum not exceeding one thousand dollars. 

For the purchase of histories of regiments, batteries or 
other military organizations of Massachusetts volunteers 
who sensed in the late war, as provided for in chapter 
four hundred and thirteen of the acts of the year eighteen 
hundred and ninety- three, a sum not exceeding three 
thousand dollars. 

For authorized expenses of committees of the present 
legislature, to include clerical assistance to committees au- 
thorized to employ the same, a sum not exceeding five 
thousand dollars, the same to be in addition to the fifteen 
thousand dollars appropriated by chapter one of the acts 
of the present year. 

For printing extra copies of the second report of the 
commissioner of public records, as authorized by chapter 
twenty of the resolves of the present year, a sum not ex- 
ceeding eighty-one dollars and seventy-four cents. 

For the purchase of land, the erection of a new cottage, 
and for certain repairs at the state industrial school for 
girls, as authorized by chapter twenty-one of the resolves 
of the present year, a sum not exceeding seventeen thou- 
sand five hundred dollars. 

For the mother of the late Eobert C. Brown, as author- 
ized by chapter twenty -two of the resolves of the present 
year, the sum of eight hundred and thirty dollars. 



Acts, 1894. — Chap. 197. 181 

For the widow of "Walter A. Kezar, as authorized by widow of wai. 
chapter twenty-three of the resolves of the present year, t«''^-^«'^'''^- 
the sum of fourteen hundred sixty-six dollars and sixty- 
sev^en cents. 

For James K. Barbour, as authorized by chapter twenty- James k. Bar- 
four of the resolves of the present year, the sum of one 
hundred dollars. 

For Sarah Shurtleff, administratrix, as authorized by Sarah shurtieff. 
chapter twenty-five of the resolves of the present year, the 
sum of six hundred and twenty-five dollars. 

For William P. Cahill, as authorized by chapter twenty- wiiiiam p. 
six of the resolves of the present year, the sum of three 
hundred dollars. 

For providinoj for indexes to the reo-istration returns, indexes to regis- 

,■,•-, T t , J , />ji 1 f tration returns. 

as authorized by chapter twenty-seven ot the resolves oi 
the present year, a sum not exceeding seventeen thousand 
dollars. 

For George C. How, as authorized by chapter twenty- George c. How. 
eight of the resolves of the present year, the sum of one 
hundred dollars. 

For completino; the compilation, indexing and publish- indexing, etc., 

. ^ i^iTr 1 1 T revolutionary 

ing of the records ot the Massachusetts troops who served records. 
in the revolutionary war, as authorized by chapter twenty- 
nine of the resolves of the present year, a sum not exceed- 
ing one thousand dollars. 

For the widow of Charles P. Thompson, as authorized ^'^'^."^p 
by chapter thirty of the resolves of the present year, the Thompson. 
sum of fifty-one hundred ninety-three dollars and fifty-five 
cents. 

For an index to the certificates of corporations filed in index to certifi- 
the ofiice of the secretary of the Commonwealth, as author- ratio^ns. °'^^°' 
ized by chapter thirty-one of the resolves of the present 
year, a sum not exceeding six hundred dollars. 

For printing extra copies of the report of the commis- Report of com- 
sioners on the topographical survey of Massachusetts, as topographical 
authorized by chapter thirty-two of the resolves of the ^"'^^*'^- 
present year, a sum not exceeding thirty-seven dollars 
and fifteen cents. 

For the publication of a new edition of the course of ftud"f ?or eie- 
studies for elementary schools, as authorized by chapter mentaryschoois. 
thirty-three of the resolves of the present year, a sum not 
exceeding three hundred dollars. 

For the city of Lawrence, as authorized by chapter city of 
thirty-four of the resolves of the present year, the sum of 
three hundred dollars. 



182 



Acts, 1894. — Chap. 198. 



Worcester poly- 
technic institute. 



North metro- 
politan system 
of sewerage. 



Clarissa 8. 
Stone. 



For the Worcester polytechnic institute, as authorized 
by chapter thirty-five of the resolves of the present year, 
the sum of fifty thousand dollars. 

For payment of expenses of operating the north met- 
ropolitan system of sewerage, during the year eighteen 
hundred and ninety-four, as provided for by chapter one 
hundred and thirty-one of the acts of the present year, a 
sum not exceeding forty-three thousand dollars. 

For Clarissa S. Stone, as authorized by chapter thirty- 
six of the resolves of the present year, the sum of five 
hundred dollars. 

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

Approved April 4, 1894, 



C7lCl77.19S -^^ -^^"^ ^^ ESTABLISH A LAW UN 
STATES FOR A UNIFOUM STANDi? 



v'IFOKM WITH THE LAWS OF OTHER 
DARD OF WEIGHTS AND ME.\SURES. 



Weights. 



Measures. 



Dry and liquid 
gallon. 



Bushel. 



Barrel of flour, 
etc. 



Standard weight 
of wheat, corn, 
barley, etc. 



Be it enacted, etc., as follows: 

Section 1. The avoirdupois pound shall bear to the 
troy pound the relation of seven thousand to five thousand 
seven hundred and sixty. The hundredweight shall con- 
tain one hundred avoirdupois pounds, and the ton twenty 
hundredweight. 

Section 2. The barrel shall contain thirty-one and 
one half gallons, and the hogshead two barrels. 

Section 3. The dry gallon shall contain two hundred 
and eighty-two cubic inches, and the liquid gallon two 
hundred and thirty-one cubic inches. 

Section 4. The bushel in heap measure shall contain 
twenty-one hundred and fifty and forty-two one hun- 
dredths cubic inches. 

Section 5. The barrel of flour, measured by weight, 
shall contain one hundred and ninety-six pounds, and the 
barrel of potatoes, one hundred and seventy-two pounds. 
Section 6. The bushel of wheat shall contain sixty 
pounds. 
The bushel of Indian corn, or of rye, fifty- 
six pounds. 
The bushel of barley, forty-eight pounds. 
The bushel of oats, thirty-two pounds. 
The bushel of corn meal, fifty pounds. 
The bushel of rye meal, fifty pounds. 
The busliel of peas, sixty pounds. 
The bushel of potatoes, sixty pounds. 



Acts, 1894. — Chap. 199. 183 

The bushel of apples, forty-eight pounds. 
The bushel of carrots, fifty pounds. 
The bushel of onions, fifty-seven pounds. 
The bushel of clover seed, sixty pounds. 
The bushel of herdsgrass, or timothy, seed, 

forty-five pounds. 
The bushel of bran and shorts, twenty 

pounds. 
The bushel of flaxseed, fifty-five pounds. 
The bushel of coarse salt, seventy pounds. 
The bushel of fine salt, fifty pounds. 
The bushel of lime, seventy pounds. 
The bushel of sweet potatoes, fifty-four 

pounds. 
The bushel of beans, sixty pounds. 
The bushel of dried apples, twenty-five 

pounds. 
The bushel of dried peaches, thirty- three 

pounds. 
The bushel of rough rice, forty-five pounds. 
The bushel of upland cotton seed, thirty 

pounds. 
The bushel of sea island cotton seed, forty- 
four pounds ; and 
The bushel of buckwheat, forty-eight 

pounds. Approved Ajyril 5, 1894. 



Chap.199 



An Act relative to the duties of registers of probate and 

insolvency. 

Be it enacted, etc., as foUoivs : 

Section 1 . Section ten of chapter one hundred and f^f ^^g^' § ^°' 
fifty-eight of the Public Statutes is hereby amended by 
inserting in the second line, after the word " processes", 
the words : — and all warrants, letters and licenses, — and 
by adding at the end of said section, the words: — He 
may appoint appraisers to make any inventory required 
to be returned to said courts, — so as to read as follows : 
— Section 10. He may issue process of attachment and attachment etc. 
of execution, and all other proper processes, and all ™ay be issued. 
warrants, letters and licenses, necessary to carry into 
efl'ect any order or decree of his courts, and the same may 
run into any county, and shall ]je executed and obeyed 
throughout the state. He may appoint appraisers to 



184 Acts, 1894. — Chaps. 200, 201. 

make any inventory required to be returned to said 
courts. 

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

Approved April o, 1894. 

QJiap.200 ^^ ^CT REQUIRING THE PUBLICATION OF THE RETURNS OF VOTES 
FOR STATE OFFICERS BY CITIES, TOWNS AND DISTRICTS. 

Be it enacted, etc., as foUoios: 

imended ^ ^^^' Scctiou two hundred and four of chapter four hundred 
and seventeen of the acts of the year eighteen hundred 
and ninety- three is hereby amended by inserting in the 
ninth line, after the word " town ", the words : — together 
with the number of votes received by each candidate 
for a state office at the preceding annual state election, 
arranged by cities, towns and districts, as returned to his 
Report of num. officc, — SO as to read as follows : — Section 204. The 
poiiS'istered sccrctary of the Commonwealth shall, on or before the 
forea'ch°ctndif^ first day of February in each year, report to the general 
offiM °etf ^^^ court the number of assessed polls, the number of regis- 
tered male and female voters at the date of the last pre- 
ceding annual state election and city or town election, 
and the total number 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, together 
with the number of votes received b}'" each candidate for a 
state office at the preceding annual state election, arranged 
by cities, towns and districts, as returned to his office ; 
and he shall include in such report a concise statement of 
other matters relating to elections, with such suggestions 
as he may deem advisable. The report of the secretary 
shall be one of the series of public documents, and fifteen 
hundred copies thereof shall be annually printed. 

Ap)p roved April 5, 1894. 

CluiT) *201 -^^ ^^^ ^^ AUTHORIZE THE CITY OF MALDEN TO INCUR ADDI- 
-'■ ' TIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES. 

Be it enacted, etc., asfolloios: 
1890, 188, § 1, Section one of chapter one hundred and eighty-eight of 

amen e . ^^^^ ^^^^ ^^ ^^^ year eighteen hundred and ninety is hereby 

amended by striking out tiie words ' ' two hundred and 
fifty ", in the fourteenth line, and inserting in place thereof 
the words : — five hundred, — so as to read as. follows : — 



Acts, 1894. — Chap. 202. 185 

Section 1. The city of Maiden, for the purpose of con- MaWenSewer- 

, . ■ . . . ' . / ^ aye Loan, 1889, 

structino- and maintaiuino; main drains and common sewers 439. 
for a part or the whole of its territory, and such other 
works as may be required for a, system of sewage dis- 
posal for said city, to be constructed, maintained and 
operated in connection with the main sewers and other 
works required to be constructed, maintained and oper- 
ated as provided by chapter four hundred and thirty-nine 
of the acts of the year eighteen hundred and eighty-nine, 
for a system of sewage disposal for said city and for 
the purpose of extending the same from time to time as 
may be deemed necessary, may issue scrip or bonds to 
be denominated on the face thereof, INIalden Sewerage 
Loan, to an amount not exceeding live hundred thousand 
dollars, bearing interest not exceeding five per centum per 
annum, payal)le semi-annually, the principal to be pay- 
able at periods of not more than thirty years from the 
issuing of such scrip or bonds respectively. The city 
council may sell the same or any part thereof from time 
to time, or pledge the same for money borrowed for the 
above purposes, but the same shall not be sold or pledged 
for less than the par value thereof. 

Approved April 5, 1894. 



Cliap.202 



An Act to extend the time for avhich the people's build- 
ing ASSOCIATION WAS INCORPORATED AND TO AUTHORIZE IT TO 
INCREASE ITS CAPITAL STOCK. 

Be it enacted^ etc., as follows: 

Section 1. The People's Building Association shall Extension of 
continue to be a corporation for the period of thirty years 
from the date of the passage of chapter two hundred and 
ninety-nine of the acts of the year eighteen hundred and 
ninety -three. 

Section 2 . The capital stock of said corporation shall capital stocij, 
not exceed two hundred thousand dollars, to be divided 
into shares each of the par value of twenty-five dollars, 
and the dividends on said shares shall not exceed six per 
cent, per annum on the value thereof. • 

Section 3. Section three of said chapter two hundred Repeal. 
and ninety-nine of the acts of the year eighteen hundred 
and ninety-three is hereby repealed. 

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

Ajij^roved April o, 1894. 



absent resident. 



186 Acts, 1894. — Chaps. 203, 204. 



Chcip,2i03 -^^ ^CT TO PROVIDE FOR THE APPOINTMENT OF RECEIVERS OF THE 
ESTATES OF ABSENT PERSONS IX CERTAIN CASES. 

Be it enacted, etc., asfolloios: 
Dependent^w^fe When & person having a wife or minor child who, if he 
may petition for were alive and resident in this Commonwealth, would be 
p/oplrty'o'f dependent upon him wholly or partly for support, has 
"' >— ^j^'ig q^q\i resident absented himself from his place of 
residence without making sufficient provision for such 
support, and his whereabouts are unknown, or, being 
known, he is residing without the Commonwealth, the 
probate court, upon petition of such wife or child, or the 
guardian of such wife or child, or of any other interested 
person, and after public notice and without establishing 
the fact whether such person is dead or alive, may appoint 
a receiver for all the property of such absentee, who, under 
the instructions of such court, may apply said property, 
including the inchoate right of curtesy in real estate, in 
payment of such charges as may properly have been in- 
curred or may thereafter be incurred in the support and 
maintenance of such wife and minor children. The pro- 
visions of law regarding bonds, accounts, sales and mort- 
gages b}^ guardians shall apply to such receivers, and upon 
the return of such absentee the receiver shall account in 
said court for the unexpended balance of his estate, and 
if letters testamentary or of administration are thereafter 
granted upon the estate of such absentee as a deceased 
person, such accounting shall be in said court to the 
administrator or executor. Whenever it is inexpedient 
longer to continue such receivership, the estate may be 
deposited in some savings bank or like institution, under 
the provisions of section sixteen of chapter one hundred 
and forty-four of the Public Statutes and the acts in amend- 
ment thereof. Approved April 5, 1894. 



Qjiar).204: ^^ -^^'^ RELATING TO THE TRIAL OF INDICTMENTS FOR CAPITAL 

CRIMES. 

Be it enacted, etc., as foUoivs : 

amended.^ ^' Sectiou two of chapter three hundred and seventy-nine 

of the acts of the year eighteen hundred and ninety-one is 
hereby amended by striking out in the fourth line, the 
word " three", and inserting in place thereof the words : 
— two or more, — and by striking out in the same line, 



Acts, 1894. — Chap. 205. 187 

the word "sitting", and inserting in place thereof the 
word: — term, — and by inserting in tlie fifth line, after 
the word "therefor", the words :-^ and in case of the 
death or disability of one of the justices sitting in such 
trial any other justice of said court may sit in the place 
of the justice so deceased or disabled, — so as to read as 
follows : — Section 2. In capital cases all proceedings Trials, etc., 
except the trial of indictments may be had before a single *" °*^' 
justice. The trial of an indictment for a capital crime 
shall 1)6 before two or more justices, either at a regular 
term or at any time specially assigned therefor, and in 
case of the death or disability of one of the justices sitting 
in such trial any other justice of said court may sit in the 
place of the justice so deceased or disabled. Upon such 
trial exceptions may be alleged and taken as in other 
criminal cases, and may be entered and determined either 
at the law sitting of the supreme judicial court held for 
the county in which they arise, or, upon the order of 
the justices before whom the trial is had, at the law sit- 
ting of the supreme judicial court for the Commonwealth. 
After a decision upon exceptions, the judgment may be 
entered and sentence passed, or preliminary proceedings 
for a new trial may be had in the superior court held hy a 
single justice. Ax>proved April 5, 1894. 



An Act coxcerxixg the preseuvatiox of dirds and game, njfrro^ 205 
Be it enacted, etc., as folloivs : 

Section 1. Whoever takes or kills a pinnated grouse Penalty for 
at any time, or a woodcock, or a rufted grouse, commonly [frou° e', qu'^aii, 
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 prohibited, when- 
ever 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 : x>^'^' Proviso. 
vided, hoicevev, that any person, firm or corporation deal- 



188 Acts, 1894. — Chap. 206. 

ing 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 posses- 
sion, if so bought, quail from the fifteenth day of October 
to the first day of May ; and any such person, firm or cor- 
poration, may have in possession on cold storage, quail, 
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 sea- 
son, if said quail, grouse or other birds have not been 
taken or killed in this Commonwealth contrary to the 
provisions of this act. 
Repeal. SECTION 2. Scction ouc of cliaptcr one hundred and 

forty-two of the acts of the year eighteen hundred and 
ninety-one and chapters one hundred and eighty-nine 
and three hundred and ninety-eight of the acts of the 
year eighteen hundred and ninety-three are hereby re- 
pealed; but such repeal shall not atfect any forfeiture 
incurred, suit or proceeding pending or action accrued 
under said section and chapters. 

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

Approved April .5, 1894. 

CJiar).^OQ -^^ -^CT RELATING TO RETURN'S OF BIRTHS, MARRIAGES ANI> 

DEATHS. 

Be it enacted, etc., as follows: 

P-s.32.§io, Section ten of chapter thirty-two of the Public Statutes 

is hereby amended by inserting in the first line, after 
the word " town ", the words : — except Boston, — and by 
adding at the end of said section, the words : — the city 
registrar of Boston shall transmit the copies of his records 
on or before the first day of May annually, — so as to 
Records of read as follows: — Section 10. The clerk of each city 
riages'and'^' and towu, cxccpt Bostou, shall annually, on or before the 
first day of March, transmit to the secretary of the Com- 
monwealth certified copies of the records of the births, 
marriages, and deaths which have occurred therein dur- 
ing the year ending on the last day of the preceding De- 
cember. The city registrar of Boston shall transmit the 
copies of his records on or before the first day of May 
annually. Approved April o, 1894. 



deaths. 



Acts, 1894. — Chaps. 207, 208, 209. 189 

An Act kelating to the allowanxe oe interest on abate- (7^ctx).207 
ments of taxes. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-five of chapter eleven of f^g^^g^^^^* 
the Public Statutes is hereby amended by inserting in the 
third line, after the word " with", the words : — interest 
from the time of payment of said tax, and, — so as to 
read as follows : — Section 75. A person havins^ an abate- Amount of 

T in>r»i-j 1 1 '11 ' ^ 1 aljiitement to be 

ment made, shall, it his tax has (3een paid, be reimbursed reimbursed.etc. 
out of the treasury of the city or town to the amount of 
the abatement allowed, together with interest from the 
time of payment of said tax, and all charges except the 
legal costs provided for in section seventy. 

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

Approved April 5, 1894. 

An Act to authorize the city of chicopee to incur indebt- (JJinrty 208 
edness beyond the limit fixed by laav, for the payment 
of the cost of the willimansett bridge. 

Be it enacted, etc., asfolloivs: 

Section 1. The city of Chicopee, for the purpose of |^^d^bt°ed"ne88 
paying a judgment rendered against said city on account {'^^]'^"'' '^^^ 
of the cost of constructing the bridge between Holyoke 
and that part of Chicopee known as Willimansett, may 
incur indebtedness beyond the limit fixed by law, to an 
amount not exceeding fifty-three thousand dollars, and 
may issue bonds, notes and 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 of chapter one hundred and twenty-nine of 
the acts of the year eighteen hundred and eighty-four 
shall otherwise apply to such indebtedness and to the 
establishing of a sinking fund for the payment thereof at 
maturity. 

Section 2. This act shall take efi"ect upon its passage. 

Approved April 5, IS 94. 

An Act to protect the purity of elections. Chap.20Q 

Be it enacted, etc., asfolloivs: 

Section three hundred and thirty-seven of chapter four isqs, 417, § 337, 
hundred and seventeen of the acts of the year eighteen ''™'^° ^ 
hundred and ninety-three is hereby amended by inserting 



influence voter 
by threats, etc. 



190 Acts, 1894. — Chaps. 210, 211. 

in the fifth line, after the word " election ", the words : — 
or whoever because of the giving or withholding of a vote 
at an election discharges from his employment or reduces 
the wages of a person, and assigns as the reason of said 
discharge or reduction of wages said giving or withhold- 
rt^tempting\o J^g a vote, — SO as to read as follows: — Section 337. 
"Whoever by threatening to discharge a person from his 
employment, or threatening to reduce the wages of a per- 
son, or by promising to give employment at higher wages 
to a person, attempts to influence a qualified voter to give 
or to withhold his vote at an election, or whoever because 
of the giving or withholding of a vote at an election dis- 
charges from his employment or reduces the wages of a 
person, and assigns as the reason of said discharge or 
reduction of wao'es said giving or withholding a vote, 
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. 

Approved April 5, 1894. 

Chap.21i0 An Act to authorize the city of newton to inxur indekt- 

EDNESS FOR THE CONSTRUCTION OF STREETS AND FOR SIMILAR 
PURPOSES. 

Be it enacted, etc., asfolloivs: 
May incur Section 1. The city of Newton may incur indel:>ted- 

mdebtedness, «{ p i • i 

issue bonds, etc. ncss for the construction 01 highways, streets, ways, 
boulevards, main drains, systems of drainage, and for 
widening, deepening and straightening water courses, and 
for defraying the cost of any real estate or interest therein, 
purchased or taken for any of said purposes, and for pay- 
ing all expenses incidental thereto, payable within twenty 
years, and may issue bonds, notes or scrip therefor ; but 
the provisions of chapter twenty-nine of the Public Stat- 
utes and all acts in amendment thereof and in addition 
thereto shall apply to said indebtedness and to the crea- 
tion of a sinking fund therefor, except so far as is herein 
otherwise provided. 

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

Approved April 5, 1894. 

ChCl7).2H A^ Act RELATING TO THE EXTENSION OF ARMORIES. 

Be it enacted, etc., as folloios: 

fxtend^lertain"^ Section 1 . The armory commissioners appointed under 
armories, etc. tlic provisloiis of chaptcr tlircc hundred and eighty-four 



Acts, 1894. — Chaps. 212, 213. 191 

of the acts of the year eighteen hundred and eighty-eight 
may, when requested so to do by the city council of a city 
in which an armory l)uilt by them is situated, complete, 
enlarge or extend such armory, and may expend for said 
purposes the amount designated therefor by such city 
council. 

Section 2. The expense attending any such comple- Payment of 
tion, enlargement or extension, as designated by the city 
council, shall be paid from the proceeds of a loan as 
authorized by said act, and be repaid. by the city or town 
in which the armory is situated, as provided in said act. 

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

Approved April 5, 1894. 

An Act to authorize the city of Cambridge to incuk ixdebt- (77iar>.212 

EDNESS FOK THE CONSTRUCTION OP STREETS AND FOR SIMILAR 
PURPOSES. 

Be it enacted^ e<c., as follows : 

Section 1. The city of Cambridge may incur iudebt- ^^^yA"^""*" 

■^. c ^ • ^ 1 indebtedness, 

edness tor the construction ot highways, streets and ways, issue bonds, etc. 
and for the construction of buildings for all city purposes 
other than for sewers, park or water purposes, and for 
defraying the cost of any real estate or interest therein, 
purchased or taken for said highways, streets, ways or 
buildings, and for paying all expenses incidental thereto, 
payable within twenty years, and may issue bonds, notes 
or scrip therefor ; but the provisions of chapter twenty- 
nine of the Public Statutes and of all acts in amendment 
thereof and in addition thereto shall apply to said indebt- 
edness and to the creation of a sinking fund therefor, 
except so far as is herein otherwise provided. 

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

Approved April J, 1894. 

An Act to authorize the city of brockton to lay out and (7AffT>.213 

CONSTRUCT A STREET THROUGH A PORTION OF THE THOMPSON 
BURIAL GROUND. 

Be it enacted^ etc., as folloivs : 

Section 1. For the purpose of wideuino^ and straiijht- city of Brock. 
enmg Summer street m the city of Brockton the said city certain land, etc. 
may take, by purchase or otherwise, a strip of land from 
the easterly side of the Thompson burial ground, so-called, 



192 



Acts, 1894. — Chap. 214. 



not exceeding in area six hundred feet, in accordance with 
plans now on tile in the office of the city engineer of said 

Proviso. city : jwovided^ that no burial lot in which are buried the 

remains of the dead shall l)e entered upon under the pro- 
visions of this act until such remains shall have been re- 
moved and duly interred, with all headstones as they now 
exist transferred so as to mark their appropriate graves, 
without expense to the owner of or persons interested in 
such ))urial lot. 

Damages. Section 2. Said city shall l)e 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 the taking of 

Proviso. \sjidi for highways : ^jyovicZecZ, 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 effect upon its passage. 

Approved April 5, 1S94. 



Chap.'2i\4: -^ -^CT KELATIXG TO THE REMOVAL OF SICK PUISOXEKS TO THE 

STATE FARM. 



Sick convicts, 
upon request of 
governor and 
council, may be 
removed. 



Order for re- 
moval, etc. 



Be it enacted, etc., as foUoics: 

Section 1. "When it appears to the governor and 
council that a convict under imprisonment in any jail or 
house of correction is suffering from disease that cannot 
be safely treated in such jail or house of correction, the 
commissioners of prisons may, upon the request of the 
governor and council, remove such convict to the state 
farm for such treatment as may be required ; and said 
commissioners may at any time return such convict to the 
jail or house of correction from which he was so removed. 
Any convict removed or returned under this act shall be 
held in the place of imprisonment to which he is so re- 
moved or returned, according to the terms of his original 
sentence, and the period for which such convict is so 
removed shall be reckoned as a part of the term of his 
sentence to imprisonment. 

Section 2. Every order for the removal or return of 
a prisoner under this act shall be signed by the secretary 



Acts, 1894. — Chap. 215. 193 

of the commissioners of prisons, and may be executed 
by any officer authorized to serve criminal process. All 
mittimuses and other official papers or attested copies 
thereof, by virtue of which a prisoner is held in custody, 
shall be removed or returned with him. 

Section 3 . The cost of the removal or return of a co«t of removal, 
prisoner under this act shall be paid from the treasury of 
the Commonwealth. The cost of supporting a prisoner 
removed to the state fiirm under this act shall be paid by 
the county from which he is removed, but the expense 
thereof shall not exceed three dollars and twenty-live 
cents per week. 

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

Ajyproved April 5, 1S94. 



Chap.215 



An Act to authorize fire district number one of green 
field to increase its water supply. 

Be it enacted, etc., as follows: 

Section 1. The Fire District Number One of the Additional 
town of Greenfield, for the purpose of furnishing an addi- f^foreenfieid 
tional w^ater supply for itself and the inhabitants of the ""^ Deerfieid. 
towns of Greenfield and Deerfield, for the extinguishment 
of tires and for domestic and other purposes, may take, 
by purchase or otherwise, and hold the water of Work- 
man brook in the town of Colrain, and the east branch of 
Glen brook in the town of Leyden, and the 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 
towns of Greenfield and Deerfield ; and may erect on the 
land thus taken or held proper dams, buildings, fixtures 
and other structures, and may make excavations, procure 
and operate machinery and provide such other means and 
appliances as may be necessary for the establishment 
and maintenance of complete and effective water works ; 
and may construct and lay down conduits, pipes and other 
works under or over any lands, water courses, or public 
or private ways, and along any such way in such manner 
as not unnecessarily to obstruct the same ; and for the May dig up 

/. 11' ' 1 • • ^ ' • 1 lands, etc., 

purpose of constructing, maintaining and repairing such under direction 
conduits, pipes and other works, and for all proper pur- °^ selectmen, 
poses of this act, said fire district may dig up any such 
lands, and, under the direction of the board of selectmen 



194 



Acts, 1894. — Chap. 215. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Greenfield Fire 
District Water 
Loan. 



of the town in which any such' ways are situated, may 
enter upon and dig up any such ways in such manner 
as to cause the least hindrance to public travel on such 
ways. 

Section 2. Said fire district 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 cleeds for the county 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 chairman of the prudential commit- 
tee of said fire district. 

Section 3. Said fire district 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 fire district 
under the authority of this act. Any person sustaining 
damages as aforesaid under this act, who fails to agree 
with said fire district as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on application at any time within 
the period of three years from the taking of such land or 
other propei-ty 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. Xo appli- 
cation 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 
fire district, under the authority of this act. 

Section 4. Said fire district may, for the purpose 
of paying the necessary expenses and lialfilities incurred 
under the provisions of this act, issue from time to time 
bonds, notes or scrip, to an amount not exceeding in the 
aggregate sixty thousand dollars ; such bonds, notes and 
scrip shall bear on their face the words, Greenfield Fire 
District 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 and be countersigned by the chairman 
of the prudential committee of said fire district. The 
said fire district may sell such securities at public or pri- 



Acts, 1894. — Chap. 215. 195 

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 tire district shall provide at sinking fund. 

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 payment of said 

loan and shall be used for no other purpose. The said 

fire district may, instead of establishing said sinking fund, 

pay the principal of said loan by annual instalments, not 

exceeding the sum of ten thousand dollars in any one year. 

Section 5. Said fire district shall raise annually by Payment of 
taxation a sum which with the income derived from the ®^p'^°*^*' 
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 fire district, and to make such contributions 
to the sinking fund and payments on the principal as may 
be required under the provisions of this act. 

Section 6. Said fire district may distribute the water Distribution of 
through the said towns of Greenfield and Deerfield, may ^^ ^'^' ^^'^' 
establish fountains and hydrants and relocate or discon- 
tinue the same, may regulate the use of said water and fix 
and collect rates to be paid for the use of the same. 

Section 7. Said fire district shall exercise the rights, to exercise 
powers and authority given by this act, subject to the po'wJrs'eu!^' 
duties, lial)ilities and restrictions herein contained, in such 
manner and by such agents and officers as said fire dis- 
trict shall from time to time ordain, appoint and direct. 

Section 8. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any of the waters taken or held under i^g^ordiveVthlg" 
this act, or injures any structure, work or other property ''''"'''"• ''^''• 
owned, held or used by said fire district under the author- 
ity and for the purposes of this act, shall forfeit and pay 
to said fire district three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of either of the above wilful or wanton 
acts shall be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment not exceeding one year. 

Section 9. This act shall take effect upon its ac- subject to 

1 jt • -t cji i-i? ' A II acceptance by a 

ceptance by a two thirds vote oi the voters oi said iire two tiiirds vota 
district present and voting thereon at a legal meeting of 
said fire district called for the purpose within three years 
of its passage. Apirroved April 7, 1894. 



196 Acts, 1894. — Chaps. 216, 217, 218. 



(JhcipJ2i\.(j Ax Act relating to the abolition of grade crossings. 
Beit enacted^ etc., as follows: 

disfonthTuT ""^ Section 1. In any proceeding for the abolition of a 
private ways, grade crossiug, under chapter four hundred and twenty- 
eight of the acts of the year eighteen hundred and ninety, 
where the commission is of the opinion that public neces- 
sity and convenience require a private way to be changed 
or discontinued in connection with the abolition of the 
grade crossing, they may change or discontinue the same, 
and the damages occasioned thereby shall be primarily 
recovered against the railroad company, and apportioned 
and paid under the provisions of said chapter and acts in 
amendment thereof. 

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

Approved April 7, 1894. 

Chap.2il7 -^N -^CT TO authorize the citv of boston to construct and 

maintain a bridge across CHARLES RIVER. 

Be it enacted, etc., as follows : 

cwls^TvT/. Section 1. The city of Boston is authorized to con- 
struct and maintain a bridge across Charles river, con- 
necting the city proper, so-called, with that part of said 
city which was formerly Charlestown, in addition to the 
bridges already existing. Such bridge shall ])e constructed 
and maintained subject to the provisions of chapter nine- 
teen of the Public Statutes and other laws which now are 
or may hereafter be in force in relation thereto. 
Si^roldlar"" Section 2. The bridge and the avenues to it shall 
g'^^^'e, prohib- |jg qq constructcd as not to cross at the same level any 
railroad o})erated by steam ; and the details of all such 
crossings shall, upon the application of said city or of 
the railroad corporation affected, be prescribed by the 
board of railroad commissioners, which shall certify to 
the parties its decision ; and liuch decision may be en- 
forced by proper process in equity. 

• Approved April 7, 1894. 

C!Jiap.21S -^^ -^CT providing for THE ELECTION OF BOARDS OF HEALTH 

IN TOWNS. 

Be it enacted, etc., as follows: 

futownlleilt^^ Section 1. Every town in the Commonwealth con- 
tion.teiii, etc. taiuiug moi'c than two thousand inhabitants, as determined 



Acts, 1894. — Chap. 219. 197 

by the last state or national census, may elect a board of 
health by ballot at the annual meeting of the town, or at 
a meeting legally warned for the purpose, consisting of 
three persons, to serve, one for the term of three j^ears, 
one for the term of two years and one for the term of one 
year, beginning with the first Monday in April then next 
ensuing and until their respective successors are chosen 
and qualified ; and thereafter such town shall, at its annual 
town meeting, choose in the same manner one person who 
shall hold office for three years from the first Monday of 
April then next ensuing, and until another is chosen and 
qualified in his stead. 

Section 2. In every town in which the number of gf,°°'„^|fQjo'^ 
inhabitants, as determined by such census, is less than couuiiiute. 
two thousand, a board of health may be chosen in the 
manner prescribed in section one of this act. If no such 
board is chosen the selectmen shall constitute such board 
of health. 

Section 3. In each city and town having; a population Annual report 

to stite bo^rd oi 

of more than five thousand inhabitants, as determined by health. 
the last census, at least one member of said board shall 
be a physician, and the board shall send an annual report 
of the deaths in such town to the state board of health. 
The form of such reports shall be prescribed and fur- 
nished by the state board of health. 

Section 4. Section three of chapter eighty of the Pub- pe^^;^^' ^ "' '"^" 
lie Statutes is hereby repealed. Sections two, twenty-one, Amendments. 
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, 
thirty-three, thirty- four and thirty-five of chapter eighty 
of the Public Statutes, and sections one and two of chap- 
ter three hundred and thirty-eight of the acts of the year 
eighteen hundred and eighty-seven, are hereby amended 
by striking out the words "or health officer", wherever 
the same occur therein. Approved April 7, 1894. 

An Act making appropriations for carrying out the pro- niinj) QIQ 
VISIONS OF the act relating to the employment of labor 
IN the prisons of the commonwealth. 

'Be it enacted., etc., as foUoics: 

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 purpose of 
carrying out the provisions of chapter four hundred and 
forty-seven of the acts of the year eighteen hundred and 



198 



Acts, 1S94. — Chaps. 220, 221, 222. 



State prison. 



Miissacluisetts 
reformatory. 

Reformatory 
prison for 
women. 



C7iai9.220 



p. S. 11, §5, 
amended. 



Exempt from 
taxation. 



Chap.221 



Certain munici- 
pal debts to be 
payable within 
twenty years. 



eighty-seven, relating to tlie employment of prisoners in 
the various prisons of the Commonwealth during the year 
eighteen hundred and ninety-four, to wit : — 

For maintaining industries at the state prison at Boston, 
a sum not exceeding one hundred thousand dollars. 

For maintaining industries at the Massachusetts re- 
formatory, a sum not exceeding twenty thousand dollars. 

For maintaining industries at the reformatory prison 
for women, a sum not exceeding three thousand dollars. 

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

Approved April 11, 1894. 

An Act to exempt domestic fowls from taxation. 
Be it enacted, etc., as folloios : 

The eleventh clause of section five of chapter eleven of 
the Public Statutes is hereby amended by adding at the 
end thereof, the words : — and domestic fowls not exceed- 
ing fifteen dollars in value, — so as to read as follows : — 

Eleventh, Mules, horses, and neat cattle, less than one 
year old ; and swine and sheep less than six months old ; 
and domestic fowls not exceeding fifteen dollars in value. 

Approved April 11, 1S94. 

An Act extending the time within which certain municipal 

DEUTS shall be MADE PAYABLE. 

Be it enacted, etc., as folloios: 

Section 1. Debts incurred l)y cities and towns in 
building schoolhouses and other public buildings, and 
in procuring land to be used for such purposes, shall be 
made payable within a period not exceeding twenty years. 

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

Approved Ap)ril 11, 1894. 



C7lCl7).22i2 -^^ -^C^ ^*^ confirm the PROCEEDINGS OF THE ANNUAL TOWN 
MEETING OF THE TOWN OF PROVINCETOWN. 



Proceedings of 
town meeting 
confirmed. 



Be it enacted, etc., asfolloics: 

The proceedings of the annual town meeting of the 
town of Provincetown, held on the twelfth day of Feb- 
ruary in the year eighteen hundred and ninety-four, shall 
not be invalid by reason of any failure to warn and notify 
the inhabitants of said town of the time and place of hold- 
ing said meeting, or any adjournments thereof, and the 
proceedings of said annual town meeting are hereby rati- 
fied and confirmed. Approved April 11, 1894. 



Acts, 1894. — Chap. 223. 199 



An Act to authorize the Lexington water company to in- niyrfr^ 22S 

CREASE ITS capital STOCK AND TO ISSUE ADDITIONAL BONDS. ' 

JBe it enacted, etc., as follows: 

Section 1. The Lexington Water Company is hereby May increase 
authorized to increase its capital stock to an amount which, eX " ® °'^'' 
together with the amount heretofore authorized, shall not 
exceed in the aggregate ninety thousand dollars, and to 
issue additional bonds to the amount of ten thousand dol- 
lars, and secure said bonds by a mortgage of its franchise 
and property. 

Section 2. Said water company shall issue the addi- etr^to be'*'''^' 
tional stock provided for in section one only in such approved by 

. *■ ,. j_' j_ ^* • , • , • 1 commissioner of 

amounts as may irom time to time, upon investigation by corporations. 
the commissioner of corporations, be deemed by him to 
be reasonably requisite for the purposes of providing the 
inhabitants of the town of Lexington with an additional 
water supply and the extension of the water service 
in said town. His decision approving such issue shall 
specify the amount of stock to be issued and the purposes 
to which the proceeds thereof are to be applied. The 
additional bonds provided for in said section one may be 
issued, with the approval of said commissioner, for the 
purpose of funding the floating del)t of said water com- 
pany. A certificate setting forth his decision shall be 
tiled in the office of the secretary of the Commonwealth 
before the certificates of stock or the bonds are issued, 
and the proceeds of such stock or bonds shall not be 
applied to any purpose not specified in such decision. 

Section 3. The new shares of stock and the bonds New stock, etc., 
authorized in section one shall be ofiered proportionately p°oporuonl'teiy 
to the stockholders of the company at the market value ^°^stockhoidera, 
thereof at the time of increase, as shall be determined by 
the commissioner of corporations, taking into account pre- 
vious sales of stock and bonds of said company and other 
pertinent conditions. The directors of the company shall 
cause written notice of such increase to be given to each 
stockholder who was such at the date of the vote to in- 
crease the capital stock or issue the bonds authorized in 
section one, stating the amount of such increase and the 
proportion thereof in shares of stock or in bonds 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 



200 



Acts, 1894. — Chap. 224. 



Stock, etc., un- 
subscribed for 
to be sold at 
public auction. 



Issue of bonds 
not to exceed 
seventy thou- 
sand dollars. 



such notice within which he may subscribe for such addi- 
tional stock and bonds. Each stockholder may within 
the thne fixed subscribe for his portion of such stock and 
bonds, and the same shall be paid for in cash on the issue 
of the bond or certificate of stock. All shares of stock 
or bonds remaining unsubscribed for b}^ the stockholders 
entitled to take them shall be sold at public auction to the 
highest bidder, by the directors of the company. Said 
sale shall be held at such time and place as may be pre- 
scribed by said commissioner, and notice thereof shall be 
published at least five times during the ten days immedi- 
ately preceding the sale, in such daily newspapers, not 
less than three in number, as may be approved by said 
commissioner. None of said stock or bonds shall be sold 
or issued for a less sum to be actually paid in cash than 
the par value thereof. 

Section 4. Nothing herein contained shall be con- 
strued to authorize the issue of bonds by said company 
to an amount exceeding seventy thousand dollars in the 
aggregate, whether said bonds shall be issued under the 
provisions of this act or under the provisions of chapter 
two hundred and sixty-seven of the acts of the year eight- 
een hundred and eighty-one. 

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

Approved April 11, 1894. 



CTldT) 224 ■'^ -^'^^ ^^ PROVIDE FOR TAKING THE DECENXIAL CENSUS OF THE 

COMMONWEALTH. 



Decennial 
census to be 
taken, etc. 



Schedules to 
be devised by 
bureau of statis- 
tics of labor, etc, 



Be it enacted, etc., asfoUoivs: 

Section 1. The decennial census of the Common- 
wealth, required by articles twenty-one and twent^^-two 
of the amendments to the constitution, and the decennial 
census of the industries of the Commonwealth, shall be 
taken in the year eighteen hundred and ninety-five and 
in every tenth year thereafter, under the direction of the 
bureau of statistics of labor, as hereinafter provided. 

Section 2. The information sought by the census shall 
relate to population and social statistics, manufactures, 
mining and quarrying ; agricultural products and prop- 
erty ; the fisheries ; commerce ; libraries ; and to schools 
and school property. Said information shall l)e gathered 
upon schedules devised by the bureau of statistics of labor, 
which schedules shall bear inquiries framed by said bureau 



Acts, 1894. — Chap. 224. 201 

and submitted to the governor and council for their ap- 
proval ; and the schedules shall contain no other inquiries 
than those receiving the approval of the governor and 
council. 

Section 3. The information to be gathered as to popu- information to 
lation and social statistics shall include an enumeration ''''''' ^'^^ '*'"^* 
of the inhabitants and a special enumeration of the legal 
voters, residing in each city and town and in each ward in 
each city in the Commonwealth on the first day of May in 
the census year. The information as to libraries, schools 
and school property shall relate to facts for the year end- 
ing on the thirtieth day of June in said year, and so far as 
property is concerned, as it exists on the said thirtieth day 
of June. The information as to agricultural products and 
property shall relate to facts for the year ending on the 
lifteenth day of November in said year, and so far as 
property is concerned, as it exists on the said fifteenth 
day of November. The information as to manufiictures 
and commerce shall relate to the facts for the year ending 
on the thirty-first day of December in said year, or for the 
last financial year of the estal)lishment or firm making 
return ; and from the information thus collected shall be 
compiled the report on the annual statistics of manufact- 
ures for the census year. 

Section 4. For the purpose of securing the informa- census enumer- 
tion called for by this act the chief of said bureau shall app'^^inted! 
appoint census enumerators in each city and town in the 
Commonwealth, but the whole numl)er of enumerators 
shall not exceed one for every two thousand persons in 
each city and town, according to the returns of the pre- 
ceding decennial census, and shall be as many less as said 
chief may decide to be adequate for the duty : provided, Proviso. 
that for the enumeration of the inhabitants and legal vot- 
ers at least one person shall be appointed and compensated 
in each city and town ; and provided, farther, that each 
person appointed as an enumerator shall be an inhabitant 
of the city or town in which said person is to perform the 
duty recjuired, unless a properly qualified inhabitant can- 
not be found to undertake the work, in which case a non- 
resident may be appointed. The mayor and aldermen of 
cities and the selectmen of towns may nominate twice as 
many persons as there are enumerators to be appointed 
in each city or town, and of the persons thus nominated 
there shall be appointed as enumerators, under the pro- 



202 



Acts, 1894. — Chap. 224. 



Instructions, 
etc., to enumer- 
ators. 



visions of this act, those found best qualified for the work, 
as determined by such rules and tests as the said chief may 
fix, subject to the approval of the civil service commis- 
sioners of the Commonwealth. In case the mayor and 
aldermen or selectmen do not nominate a sufficient num- 
ber of persons thus found to be properly qualified, then 
the said chief may appoint, subject to such tests as to 
qualifications as are herein provided for, the additional 
number required. In case any enumerator shall be found 
incompetent or derelict in the performance of his duty, his 
commission may at any time be revoked by said chief and 
Special agents, auother enumerator appointed in his place. Besides the 
enumerators herein provided for the said chief may appoint 
special agents for the purpose of securing statistics of the 
dependent, defective and delinquent classes, and for other 
sei-vices in connection with the census, under the limita- 
tions and regulations of law applicable to the employment 
of special agents of said bureau. 

Section 5. The said bureau shall, on or before the 
first day of May in each census year, transmit to the enu- 
merators appointed under the preceding section, printed 
schedules, in accordance with the provisions of section 
two, relating to population and social statistics, with such 
instructions as said bureau may deem necessary, and a 
notice that the returns upon such schedules must be made 
to the office of said bureau on or before the last day of 
June of the same year. 

Section 6. In making the returns referred to in sec- 
tion five the enumerators shall transmit therewith a com- 
plete list of all establishments engaged in manufacturing 
and trade, in mining and quarrying, in fishing and in 
commerce, the names of all liljrarians and proprietors, or 
principals of all incorporated and unincorporated colleges, 
academies and private schools; and upon such lists the 
information relative to manufactures, mining and quarry- 
ing ; the fisheries ; commerce ; lil)raries ; and schools and 
school property, shall be gathered by said bureau by mail, 
and of such parties as fail to make returns by mail, l)y 
such of the special agents appointed under section four as 
the said bureau may designate. 

Section 7. The information relative to agi-icultural 
products and property shall be gathered by such of the 
enumerators and special agents to be appointed under 
section four as said bureau shall designate, but such 
number so desio-nated shall not exceed two hundred and 



Enumerators' 

returns. 



Agricultural 
products and 
property. 



Acts, 1894. — Chap. 224. 203 

fifty for the whole Commonwealth ; and they shall make 
return of such information on or before the fifteenth day 
of the January following the census year. 

Section 8. The enumerators and special agents ap- Enumerators 
pointed under this act, on receiving their commission and aaeuts, oaths, 
before entering upon the discharge of their duties, shall ^^^' 
take and subscribe an oath or afiirmation that they will', 
faithfully perform, to the best of their ability, the duties \ 
imposed upon them by their commission, and that they 
will support the constitutions of the United States and 
Commonwealth of Massachusetts, which oaths shall be 
filed in the ofiice of said bureau by each enumerator or 
special agent, with his acceptance of his appointment; i 
and in making his returns as to population and social 
statistics he shall sign and transmit therewith a certificate 
that the information reported in such returns is correct to 
the best of his knowledge and belief. All other schedules 
must be similarly certified to by the parties making them. 

Section 9. Upon the re(]uest of the mayor and alder- Enumeration of 
men of any city, made to the chief of said bureau before ^oqucBMo'be 
the first day of March next preceding the taking of the ^ocL'^'et'c!''''' 
census, said chief shall direct the enumeration to be made 
in such manner that it shall show the number of inhabi- 
tants and legal voters in each street, square or avenue or 
in such blocks or sections of such city as may be agreed 
upon by the mayor and aldermen and the said chief, and 
the said chief shall report the results of such enumeration 
of said city to the clerk thereof. Upon receipt of said 
report said city may make a new division of its wards, 
as provided by law ; and a description of the new ward 
boundaries with the population of said wards shall be 
thereafter filed by the city clerk in the olfices of the sec- 
retary of the Commonwealth and the said bureau. 

Section 10. The said bureau, after it has gathered Abstract of 

111 1 • numberorin- 

the facts as to population, shall make an abstract showing habitants and 
the number of inhabitants and legal voters in each town "^^ ''° *"^' ^ ''* 
and in each ward of the several cities, as determined by 
the enumeration, arranged by counties, and shall return 
the same into the office of the secretary of the Common- 
wealth on or before the first day of December of each 
census year, and the secretary shall submit the same to 
the general court within the first ten days of the session 
following the taking of the census of inhabitants. 

Section 11. The said bureau, after it shall have jjath- Abstracts to be 

*-— ' IJl'lUtGCi etc. 

ered the facts as called for by this act, shall cause to be 



204: Acts, 1894. — Chap. 224. 

prepared and printed reports of the same in the form of 
abstracts, with proper analysis, for the use of the general 
court, but in the reports so required or otherwise, no dis- 
closure shall be made of the names of individuals, firms or 
corporations supplying the information called for by this 
act, such information being deemed confidential and not 
for the purpose of disclosing private afl'airs ; and any enu- 
merator or employee of said bureau violating this pro- 
vision shall be fined as provided for in the succeeding 
section for wilful deceit and falsehood. 

Penalty for wii. Sectiox 12. If au enumerator or agent appointed 
ecei , e c. ^j^^^gj. ^|^|g ^^^ wilfully refuscs to perform any duty re- 
quired of him in accordance herewith he shall forfeit a 
, sum not exceeding five hundred dollars, and if he is guilty 
of wilful deceit or falsehood in the discharge of his duties 
he shall forfeit a sum not exceeding two thousand dollars 
or be imprisoned for not more than one year, and if any 
person shall refuse to give the information required by 
this act to a person authorized to collect the same he shall 
pay a fine not exceeding one hundred dollars for every 
such refusal. 

Recovery of Sectioj^ 13. All fincs Imposcd by this act may be 

tines, etc. '^ *..,.. , ' . 

recovered in any court ol competent jurisdiction, l)y in- 
formation or complaint of the attorney-general, and shall 
accrue wholly to the Commonwealth. 
andexplnles'ot Sectioj^ 14. There shall be allowed and paid out of 
enumerators, ^j^e trcasury of tliB Comiiionwealth to each enumerator 
employed under the provisions of this act, the sum of 
three dollars for each day of nine hours actually employed 
in said service, and to each special agent a sum not ex- 
ceeding four dollars for each such day, and the account 
of each enumerator and special agent so employed shall 
be sworn to, and paid on the approval of the chief of said 
bureau. Before payment to an enumerator the returns 
of such enumerator shall have been examined and found 
correct and properly made. Ko allowance shall be made 
to any enumerator for travelling expenses, except in ex- 
treme cases when such allowance would secure economy 
in the enumeration, and in no case shall any such allow- 
ance be made except upon previous written authority to 
incur such expenses, granted by the chief of said bureau. 
Preparation of Section 15. The cMcf of Said bureau may expend a 
employment of sum uot exceeding twenty-five thousand dollars in pre- 
^te.'^etc!^*"''' liminary preparations for the census, in preparing and 
printing schedules, instructions, blanks and other like 



Acts, 1894.— CuAr. 225. 205 

preparations, and in advising tlie public by the dissemi- 
nation of proper information of the statistics to be gath- 
ered. He may, for the purpose of making abstracts of 
and preparing reports on the census, employ such clerical 
assistants as he may require, under the limitations and 
regulations of law applicable to the employment of clerical 
assistance in said bureau, such clerical assistants to be 
paid from such appropriation as the legislature may make 
for census purposes. 

Section 16. During the years eighteen hundred and ^^^00."°""^^°' 
ninety-four, eighteen hundred ninety-five and eighteen 
hundred ninety-six, but for no longer period, the chief of 
said bureau and the first and second clerks thereof shall 
receive as extra compensation, additional to such regular 
salaries for such officers as are now provided for by law, 
the sum of one thousand dollars to said chief, seven hun- 
dred dollars to said first clerk, and five hundred dollars 
to said second clerk, for each of the years named, such 
extra compensation to be paid from the appropriations for 
census purposes. 

Section 17. The bureau of statistics of labor is hereby Maximum cost 
authorized to expend the sum of two hundred thousand ° ''®°^"*' 
dollars as the maximum cost of the census of inhabitants 
and industries in the Commonwealth for the year eighteen 
hundred and ninety-five, exclusive of the cost of paper for 
schedules and of printing, stereotyping and binding the 
al)stracts and reports upon said census ; and it shall not 
be lawful for said bureau to incur any expense or obliga- 
tion whatever in respect to said census in excess of the 
sum herein provided. 

Section 18. Chapter one hundred and eighty-one of ^^P^a'- 
the acts of the year eighteen hundred and eighty-four is 
hereby repealed. 

Section 19. This act shall take effect upon its passage. 

Approved April 11, 1894. 
— _— _ J- 

An Act to authorize the beneficiary of a life insurance (7/^^^.225 

POLICY to maintain AN ACTION THEREON IN HIS OWN NAME. 

Be it enacted, etc., as follows : 

Section 1. The person to whom a policy of life in- Beneficiary may 

, n • 1 • 1 11 -J.' maintaiu action, 

surance, iiereatter issued, is made payable may mamtain ©tc. 
an action thereon in his own name. 

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

Approved April 11, 1894. 



20G 



Acts, 1894. — Chaps. 226, 227. 



C/ha}J.^'2Q ^^^ '^CT IN RELATION TO THE ALTERATION OF THE RAILROAD OF 
THE OLD COLONY DIVISION OF THE NEW YOKK, NEW HAVEN AND 
IIAKTFOKD RAILROAD COMPANY, AND OF THE PUBLIC AND PRI- 
VATE WAY'S CROSSING THE SAME IN THE CITY OF BROCKTON. 



Certain land 
may be taken 
for alteration of 
grade crossings, 
etc., in Brock- 
ton. 



Damases. 



Compensation 
of coinmission- 
ers, expense of 
surveying, etc. 



Be it enacted^ etc., as follows: 

Section 1 . The superior court, and the justices thereof, 
and the commission appointed thereby to consider the abo- 
lition of the grade crossings of the railroad and the high- 
ways and private ways in the city of Brockton, in addition 
to the powers given by chapter three hundred and ninety- 
three of the acts of the year eighteen hundred and ninety- 
two, are authorized to take such portion of the cemetery 
grounds in said city as they may deem necessary for the 
alteration of said grade crossings, situated on the line of 
said railroad between Elliot street and Ashland street, and 
known as the village cemetery, and the acceptance of the 
report and decision of said commissioners by the superior 
court for the county of Plymouth, or any justice thereof, 
shall be a taking of the land therein required to be taken 
for railroad and highway purposes as may be therein speci- 
fied and directed, however the same may be owned or 
occupied, 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 ninety 
and acts amendatory thereof. 

Section 2. The compensation of the commissioners 
and the expenses incurred in surveying, engineering and 
other matters under their direction to enable them to 
make their report, shall be a part of the expense of the 
alteration of said railroad and ways, and the New York, 
Xew Haven and Hartford Raih'oad Company shall do the 
work required by the decision of the commissioners and 
the final decree of the court, and commence the same 
within six months thereafter, and prosecute the same to 
final completion with reasonable diligence. 

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

Approved April 11, 1894. 



ChaijJ^t^l -^^ ^^"^ RELATIVE TO INTEREST ON SEWER ASSESSMENTS IX THE 

CITY OF BOSTON. 

Be it enacted, etc., as follows: 

amended.^ ^' Section 1. Scctlou slx of chaptcr four hundred and 

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



Acts, 1894. — Chaps. 228, 229. 207 

two is hereby amended by adding at the end thereof, the 
following words : — provided^ that interest shall not begin 
to run upon sewer assessments until after the expiration 
of thirty days from the completion of the sewer on account 
of which the assessment is made, — so as to read as fol- 
lows : — 'Section 6. The provisions of sections sixteen, provisions 
seventeen and eighteen of chapter three hundred and a8ie88ment8°etc. 
twenty-three of the acts of the year eighteen hundred and 
ninety-one and acts in amendment thereof shall, so far as 
apidicable, apply to all assessments made under this act : 
provided^ that interest shall not begin to run upon sewer Proviso. 
assessments until after the expiration of thirty days from 
the completion of the sewer on account of which the as- 
sessment is made. 

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

Ap2:)roved April 11 ^ IS 94. 



Ax Act relative to ketukns of qualifying officers. C7i«/?.228 

Be it enacted, etc., asfolloics: 

Section thirteen of chapter one hundred and fifty-nine p. s. i5o, § is. 
of the Public Statutes is hereby amended by adding ''"""''''"*• 
thereto the following words : — who shall, upon adminis- 
tering the oaths of office, forthwith make return of such 
act, with the date thereof, to the secretary of the Com- 
monwealth, — so as to read as follows: — Section iJ. cierkstobe 
The clerk, assistant clerk, clerk pro tempore, and assist- 
ant clerk pro tempore of a court, whether appointed by 
the court or clerk, shall be sworn before a judge thereof, 
who shall, upon administering the oaths of office, forth- 
with make return of such act, with the date thereof, to 
the secretary of the Commonwealth. 

Approved April 11, 1S94. 

An Act to authorize the reimbuksemext op pkokatiox offi- /^7^,j-,ooq 

CEUS FOB expenses IXCUKKED DY THEil WHILE IX THE PER- -^ * 

FORMAXCE OP THEIR DUTIES. 

Be it enacted, etc., as foUoivs : 

Section 1. Actual disbursements for necessary ex- Expensesofpro. 
penses made by probation officers while in the performance be'rei'mb'irsed!'* 
of their duties shall be reimbursed to them out of the ^'°* 
treasuries of the counties in which they serve, after 
approval by the court or justice by whom they are ap- 



208 Acts, 1894. — Chaps. 230, 231, 232. 

pointed, provided tliat no officer shall be allowed for such 
disbursements a greater sum than one hundred dollars in 
any one year. 

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

Approved April 11, 1894. 



Glial) 230 "^^ ^^^ '^^ AUTHORIZE THE BOARD OF EDUCATIOX TO ESTABLISH 
^ ' AX EDUCATIONAL MUSEUM. 

Be it enacted, etc., as follows: 

mu^euraTobe Section 1. The board of education is hereby author- 
estabiished. '^^q^ to establish an educational museum, the basis of 
which shall be the Massachusetts educational exhibit at 
the world's Columbian exposition. 
Rooms to be Section" 2. Suitable rooms shall be provided for the 

provided. accommodation of the museum by the sergeant-at-arms. 

€areandmaiu. SECTION 3. Thcrc shall bc anuually appropriated for 
the care and maintenance of the museum the sum of fifteen 
hundred dollars, to be expended under the direction of 
the board of education. Approved April 11, 1894. 

Cliaj) 231 ^^ ^*^'^ REQUIRING PUBLIC SCHOOLS IN CERTAIN TOAVNS TO BE 
•^ ' KEPT EIGHT MONTHS IN THE YEAR. 

Be it enacted, etc., as follotvs : 

Time which Section 1. Schools for instruction in the branches 

ahla'be^kept.^ required to be taught by section one of chapter forty-four 
of the Public Statutes and acts in amendment thereof 
shall, in towns containing four thousand inhabitants or 
more according to the latest state or national census, be 
kept for at least eight months in each year. 

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

Approved April 11, 1894. 

GJian '^32 -^^ ^^^ ^'-* -authorize the toavn of agawam to refund a 

PORTION OP ITS indebtedness. 

Be it enacted, etc., as follows : 

wfdi^ m!tes or Section 1. The towu of Agawaiii, for the purpose 
acrip.'etc. of refunding a portion of its existing indebtedness, may 

issue bonds, notes or scrip to an amount not exceeding 
twenty-live thousand dollars, payable within a period not 
exceeding twenty years from the date of issue and bearing 
interest payable semi-annually at a rate not exceeding 
four per cent, per annum. Said bonds may be sold at 



Acts, 1894. — Chaps. 233, 234. 209 

public or private sale, and the proceeds shall be used to 
discharge an equal amount of the existing indebtedness of 
said town. The provisions of chapter twenty-nine of the 
Public Statutes and of all acts in amendment thereof 
and in addition thereto, shall in all other respects, so far 
as applicable, apply to the indebtedness authorized by 
this act and the securities issued therefor. 

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

Ap];)roved April 11, 1894. 

An Act to authokize the city of fall kiver to issue (7Aar).233 

ADDITIONAL WATER UONDS. 

Be it enacted, etc.^ as follows: 

•Section 1. The city of Fall River, for the renewal of ^?^'/cUy°of 
certain scrip, notes or certificates of debt, known as water ^aii River. 
bonds, issued prior to the eighteenth day of March in the 
year eighteen hundred and seventy-five, may issue from 
time to time bonds to the amount of nine hundred thou- 
sand dollars in addition to the amounts heretofore au- 
thorized to be issued by said city. Said bonds shall be 
denominated on the face thereof. Water Bonds of the City 
of Fall River, and shall bear interest at a rate not exceed- 
ing four per cent, per annum. Said bonds may be issued 
at such times as the several bonds for which they are 
given in renewal shall respectively mature, and for such 
amounts as may be deemed necessary, not exceeding in 
the affffreo-ate the sum of nine hundred thousand dollars, 
and shall be payable in thirty years from their respective 
dates of issue. 

Section 2. The provisions of chapter twenty-nine of ^•s,-.-^'" 
the Public Statutes in regard to the establishment and 
maintenance of a sinking fund shall apply to the loans 
authorized by this act. 

Section 3. This act shall take efl^ect upon its passage. 

A2)proved April 11, 1894. 

An Act to authorize the city of everett to incur indeut- QJicip,2^4: 
edness for park and library purposes, and to renew 
certain loans. 

Be it enacted, etc., as follows: 

Section 1. The city of Everett, for the purpose of j^^ebSess 
defraying the. cost of such lands as may be taken or j^eyond debt ^^ 
purchased by the city for public parks, the construction parks, etc. 
thereof and expenses connected therewith, ma}', by vote 



210 



Acts, 1894. — Chap. 235. 



Proviso. 



Everett Library 
Loan. 



of its city council, incur indebtedness and issue therefor 
from time to time bonds, notes or scrip, beyond the limit 
of indebtedness tixed by law and in addition to the amount 
heretofore authorized, to an amount not exceeding lifty 
thousand dollars, payable in not exceeding thirty years 
from the date thereof, the same to be denominated on the 
face thereof, Everett Park Loan. If said loan is first 
made for a shorter period than thirty j^ears it may, by 
vote of the city council, be renewed from time to time : 
provided, that said loan shall be fully paid within thirty 
years from the date of its first issue. 

Sectiox 2. Said city, for the purpose of erecting a 
public library building, may, by vote of its city covmcil, 
incur indebtedness and issue therefor from time to time 
bonds, notes or scrip, beyond the limit fixed by law and 
in addition to the amount heretofore authorized, to an 
amount not exceeding fifteen thousand dollars, payable in 
not exceeding ten years from the date thereof, the same 
to be denominated on the face thereof, Everett Library 
Loan. If said loan is first made for a shorter period 
than ten years it may, by vote of the city council, be 
renewed from time to time : 2^^'ovided, that said loan shall 
be fully paid within ten years from the date of its first issue. 

Section 3. Said city, for the purpose of renewing its 
high school building loan, and general loan, made under 
the provisions of sections two and three of chapter one 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety-three, may, by vote of its city council, 
incur indebtedness beyond the limit of indebtedness fixed 
by law, not exceeding the amount of said loans, and may 
issue bonds, notes or scrip therefor, payable in not ex- 
ceeding ten 3'ears from the date thereof. 

Section 4. Sections two, three and four of this act 
shall take efiect upon its passage, and section one shall 
take effect upon its acceptance by majority vote of the 
voters of the city of Everett present and voting thereon 
at an annual city election or at a special city election 
called for that purpose. Approved April 11, 1894. 

Vlian ^35 ^^ ^*^^ relative to grantixg licenses to ixxholders and 

' * ' COMMON VICTUALLERS. 

J3e it enacted, etc., as foUoics : 
p. 8. 102, §2, Section 1. Section two of chapter one hundred and 

two of the Public Statutes is hereby amended by striking 
out in the first line, the words " except Boston", and by 



Proviso. 



Renewal of 
high school 
building loan, 
etc. 



When to take 
effect. 



Acts, 1894. — Chap. 236. 211 

inserting in the second line, after the word " town", the 
words : — except Boston and any other cities or towns 
in which licenses under chapter one hundred of the Pub- 
lic Statutes are granted by boards of license commission- 
ers, — by inserting in the thirteenth line, after the word 
" Boston ", the words : — and in cities or towns in which 
licenses under chapter one hundred of the Public Statutes 
are granted by license commissioners, — by inserting in 
said thirteenth line, after the word " commissioners", the 
words: — and such licensing boards, — and by striking 
out the words "the board", at the end of said section, 
and inserting in place thereof the words : — such boards, 
— so as to read as follows : — Section 2. The mayor and coramL1fviIiu°*i. 
aldermen of any city and the selectmen of a town, except lers- licenses. 
Boston and any other cities or towns in which licenses 
under chapter one hundred of the Public Statutes are 
granted by boards of license commissioners, may grant 
licenses to persons to be innholders or common victuallers 
in such city or town. No such license shall be issued 
until it has been signed 1)y the mayor and a majority of 
the aldermen of the city, or a majority of the selectmen 
of the town, in which it is granted. A mayor, alderman, 
or selectman may refuse to sign a license to a person who 
in his opinion has not complied with the provisions of 
this chapter; and any such officer who signs a license 
granted contrary to the provisions of this chapter shall 
be punished by fine not exceeding fifty dollars. All the 
provisions of this chapter relative to the licensing of inn- 
holders and common victuallers by the mayors and alder- 
men of cities, shall, in Boston, and in cities or towns in 
which licenses under chapter one hundred of the Public 
Statutes are granted by license commissioners, apply to 
the board of police commissioners and such licensing 
boards ; and no such license shall be valid unless signed 
by a majority of the members of such boards. 

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

Approved April 11^ 1894. 

An Act to provide for reorganizing the ambui>ance corps (7^ar).236 

OP THE militia. 

Be it enacted^ etc., as foUoivs : 

Section" 1. There shall be an ambulance corps attached Ambulance 

... . . . . /» T corps, organiza- 

to the mditia, consisting ot one captain, one first lieuten- tion, etc. 
ant, one second lieutenant, seven sergeants, ten corporals 



212 



Acts, 1894. — Chaps. 237, 238. 



and forty-one privates. The commissioned officers shall 
receive the same pay and emoluments as a captain, first 
lieutenant and second lieutenant of cavalry. The captain 
and first lieutenant shall be medical officers. The com- 
missioned officers shall be appointed by the commander- 
in-chief on the recommendation of the surgeon general. 
Non-commissioned officers shall be appointed by the per- 
manent commander of the corps. The ambulance corps 
shall be stationed at the state house and elsewhere, as the 
commander-in-chief may direct, and shall be instructed 
in such manner as may from time to time be prescribed 
by the surgeon general acting under authority from the 
commander-in-chief. 

Section 2. Upon the passage of this act the two am- 
bulance corps now attached to the militia shall be consol- 
idated and the officers of said corps now in commission 
shall continue to hold their present commissions until the 
reorganization of said corps under this act. 

Section 3. All acts or parts of acts inconsistent with 
this act are hereby repealed. 

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

Approved April 11, 1894. 

Chan 237 ^'^ ^^^^ making an appropriation for the compensation of 

THE JOINT SPECIAL COMMITTEE ON LAWS RELATING TO COR- 
PORATIONS, APPOINTED BY THE LEGISLATURE OF THE YEAR 
EIGHTEEN HUNDRED AND NINETY-THREE. 

Be it enacted, etc., as follows : 

Section 1. The sum of seventy-one hundred dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the 
compensation of the joint special committee appointed by 
the legislature of the year eighteen hundred and ninety- 
three, to sit during the recess to revise, consolidate and 
arrange the general laws relating to corporations. 

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

Approved Ajyril 12, 1894. 



Existing corps 
to be coneol- 
idated, etc. 



Repeal. 



Compensation 
of committee on 
corporation 
laws. 



Oliar) 238 ^^ ■^^'^ '^^ provide for the appointment of a board to 
' consider the subject of the unemployed and measures 

FOR their relief. 

Be it enacted, etc., as folloivs : 
Board to be Section 1 . The ffovcmor, by and with the advice and 

appointed to con- „, -iin-j i ij • i 

eider the subject coHsent of the couHcil, sliall appouit a board to consider 
unemployed, the subjcct of the unemployed and measures for their re- 



Acts, 189-i. — CnAr. 238. 213 

lief. Said board shall consist of three persons, whose 
terms of office sliall commence at the time of their ap- 
pointment and expire on the second Wednesday of March 
in the year eighteen hundred and ninety-live. Vacancies Vacancies. 
in said board shall be filled by the governor, by and with 
the advice and consent of the council. 

Section 2. Said board shall forthwith proceed to in- rowers, duties, 
vestigate and consider the general question of the unem- *""■ 
ployed in the Commonwealth, and what practical relief 
measures can be adopted by the Commonwealth or its 
several municipalities. The bureau of statistics of lalior, 
the heads of state departments, and the officials of the 
several cities and towns shall, so far as practicable, assist 
said board by furnishing, when requested by it, statistics 
or information based upon records or documents in their 
respective offices or upon facts coming under their obser- 
vation. Said l)oard shall also inquire into the methods 
adopted upon private or public initiative in this Common- 
wealth, and in other states and countries, for dealing with 
the question of the unemployed, their general results and 
how far such methods would be applicable in this Common- 
svealth. Said board shall also inquire into the practices convict labor, 
now prevailing as to the employment of convict labor in *"'"■ 
the prisons and penal institutions of the Commonwealth, 
and whether such practices afiect those who may be em- 
ployed in the same lines of labor carried on by private 
business enterprise, or harmfully interfere with manufact- 
uring interests. Said board shall make its final report 
to the general court in print on or before the second 
Wednesday in March in the year eighteen hundred and 
ninety-five ; and if any legislation is recommended by 
said board it shall embody in its report drafts of bills in 
accordance with such recommendations. 

Section 3. Said board may confer with the metro- May confer with 
politan park commission, the metropolitan sewerage com- boards^'te!*' 
mission, the park commissions and water boards of the 
several cities of the Commonwealth, and the heads of 
other state and city departments employing labor, with a 
view to determining what measures can be taken immedi- 
ately for increasing the employment of lal)or to the public 
advantage, and shall report as soon as practicable to the 
general court the result of such conferences and their 
recommendations. Said lioard may make further reports 
from time to time to the general court, when in session, 



214 Acts, 1894. — Chap. 239. 

up to the time fixed for their final report ; and in each 
case when legislation is recommended said board shall 
embody in its report a draft of a bill in accordance with 
such recommendation. 
May co-operate SECTION 4. Said board may co-operate with county, 

with loc<il i«*a *■.. •/' 

authorities, etc. city and towu authoritics m devising methods of discrim- 
inating l)etween confirmed vagrants and those willing to 
work but unable to obtain employment, and may make 
experimental application of tests for the purpose of such 
discrimination in any towns or cities, in co-operation with 
the local authorities, and may with the co-operation of 
local authorities, public boards or private organizations 
devise measures for securing a uniform system of regis- 
tration and investigation of the qualifications of persons 
applying for employment. 

Certain que^fi- ^ Section 5. Tlic burcau of statistics of labor in taking 

porated in census the state ccusus ill the ycar eighteen hundred and ninety- 
five shall incorporate in its schedules such questions relative 
to the number of vagrants or tramps and of unemploj'ed 
laborers as are proposed by the board created by this act 
and approved by the governor and council. 

Compensation Section 6. Said board shall receive such compensatiou 

and expenses. • ^ n 

and may incur such expenses for carrying out the pro- 
visions of this act as the governor and council shall a}> 
Proviso. prove : provided, that the whole amount expended under 

the provisions of this act shall not exceed fifteen thousand 
dollars. 

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

A2)2^roved Ajrril 12, 1894. 

CJiap.'2idQ -^N Act relative to relocatixg and widening a uridge over 

THE ACUSHNET RIVER BETWEEN THE CITV OF NEW BEDFORD 
AND THE TOAVTJ OF FAIRHAVEN. 

Be it enacted, etc.j as follows : 

amended.^ ^' Section 1. Scctiou oiic of chaptcT three hundred and 

sixty-eight of the acts of the year eighteen hundred and 
ninety- three is hereby amended by inserting in the ninth 
line, after the word " such", the words : — widening or, — 
also by striking out in the fifteenth and sixteenth lines, 
the words "two hundred thousand dollars", and inserts 
ing in ])lace thereof the words : — three hundred and fifty 
thousand dollars, exclusive of laud damages occasioned by 
the location and construction thereof, — so as to read as 



Acts, 1894. — Chap. 239. 215 

follows: — 8ection 1. The county commissioners of the Relocation and 
county of Bristol are hereby authorized and directed to bricrg"e'ove°rFi8h 
widen the bridge between the city of New Bedford and pop'^e'^sTsiand. 
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 conv^enience may require. In any such widening or 
new location so made the said commissioners may recon- 
struct 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 Xew Bedford side, 
shall not exceed three hundred and fifty thousand dollars, 
exclusive of land damages occasioned by the location and 
construction thereof: provided, that any change in the Provisos, 
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; awdi j)^'ovided^ 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. 

Section 2. Section twelve of said chapter three hun- isoa, ses, § 12, 
dred and sixty-eight is hereby amended by striking out ^™ ° ^ ' 
all of said section, to and including the word "limit", in 
the fourth line, and inserting in place thereof the words : 
— For the purpose of defraying any obligations created 
or arising under the provisions of this chapter, any city 
or town may issue and sell bonds or certificates of indebt- 
edness payable after a period not exceeding fifty years 
from their date, and bearing interest at a rate not exceed- 
ing six per centum per annum. All such bonds or cer- 
tificates shall contain on the face thereof a statement that 
they are issued under the provisions of this chapter, and 
the amount thereof shall not, in respect of any city or 
town issuing them, be included within the limits, — so as 
to read as follows : — Section 12. For the purpose of Loans not to be 

,„. iTi- J 1 ' • 1 J^ included in debt 

deiraying any obligations created or arising under the umits. 
provisions of this chapter, any city or town may issue 



216 Acts, 1894. — Chaps. 240, 241. 

and sell bonds or certificates of indebtedness payable after 
a period not exceeding fifty years from their date, and 
bearing interest at a rate not exceeding six per centum 
per annmii. All such bonds or certificates shall contain 
on the face thereof a statement that they are issued under 
the provisions of this chapter, and the amount thereof 
shall not, in respect of any city or town issuing them, be 
included within the limits fixed by section two of chapter 
three hundred and twelve of the acts of the year eighteen 
hundred and eighty-five. 

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

Approved April 12, 1894. 

Chct7).2i4:0 ^^ ■^^'^ '^^ AUTHORIZE THE TOWN OF SWAMPSCOTT TO EXPEND 
MONEY FOR WATERING ITS PUKI.IC STREETS. 

Be it enacted, etc., as follows: 

^elt^'°^°^ Section 1. The town of Swampscott may raise, appro- 

priate and expend money for watering its public streets. 
Section 2. This act shall take effect upon its passage. 

Approved April 12, 1894. 

CJiCIP.2i4:1l ^^ ^^"^ RELATIVE TO SUPPLYING THE TOWN OF SHARON WITH 

WATER. 

Be it enacted, etc., asfolloivs: 

maypurchase°° Section 1. The towu of Sharou shall have the right 
franchise, etc., at any time to purchase of the Sharon Water Company 
waterCom- its frauchisc, corporate property, and all its rights, powers 
^'*°^" and privileges, at a price which may be mutually agreed 

upon, and shall have a like right to purchase their interest 
from the mortgagees after foreclosure of any mortgage 
authorized by section nine of chapter one hundred and 
seventy-seven of the acts of the year eighteen hundred 
and eighty-three ; and said corporation is authorized to 
make sale of the same to said town. If said corporation 
or said mortgagees, as the case may be, and said town are 
unable to agree, then the compensation to be paid shall 
be determined by three commissioners to be appointed by 
the supreme judicial court, upon the application of said 
town or said company and notice to the other party, whose 
award when accepted by said court shall be binding upon 
all parties. If said corporation shall have issued bonds 
under the provisions of said section nine, and the mortgage 



Acts, 1894. — Chap. 241. 217 

shall not have been foreclosed, and the compensation to 
be paid shall be determined by commissioners as aforesaid, 
such commissioners shall find the value of such Iranchise, 
corporate property, rights, powers and privileges as if 
the same were unencumbered, and the mortgagees shall 
be entitled to be heard before such commissioners as to 
such value ; and if the value so found shall exceed the 
amount of such mortgage del^t said town shall acquire 
such franchise, property, rights, powers and privileges by 
paying said corporation such excess, and shall assume 
said mortgage debt ; but if the value so found shall be 
less than the amount of such morts-affe debt then said 
towm shall acquire such franchise, property, rights, powers 
and privileges of said corporation, and also the interest 
of said mortgagees, by paying said mortgagees the amount 
of the value so found, and such mortgage shall thereby 
be discharged ; and said town shal I thereupon hold and 
possess such franchise and ail said corporate property, 
rights, powers and privileges, unencumbered and dis- 
charged from any trust. The right to purchase as afore- Purchase to be 
said is granted on condition that the same he authorized two "birds vdte! 
by a two thirds vote of the voters of said town present 
and voting thereon at a meeting called for that purpose. 

Section 2. The said town may, for the purpose of Loan!" ^'''^'^ 
paying the cost of said franchise and corporate property 
and the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrip to an amount not exceeding in the aggregate 
fifty thousand dollars. Such bonds, notes and scrip shall 
bear on their face the words, Sharon Water Loan, shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue, shall bear interest, payable 
semi-annually, at a rate not exceeding five per centum per 
annum, and shall 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 bor- 
rowed for the purposes of this act, upon such terms and 
conditions as it may deem proper. The said town shall smkmgfund. 
provide at the time of contracting said loan for the estab- 
lishment of a sinking fund, and shall annually contrib- 
ute 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 



518 



Acts, 1894. — Chap. 241. 



May provide 
for annual pay- 
meDts oa loan. 



Return to state 
amount of sink- 
ing fund, etc. 



Water commis- 
sioners, election, 
term, etc. 



To be trustees 
of sinljingfund. 



Vacancy. 



Repeal. 



to the payment of said loan and shall be used for no other 
purpose. 

Sectiox 3. The said town instead of establishing a 
sinking fund ma}^ at the time of authorizing said loan, 
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 ftirther 
vote be assessed by the assessors of said town in each year 
thereafter until the debt incurred by said loan 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 4. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of an}^ sinking fund established under this act, 
and if none is established whether action has been taken 
in accordance with the provisions of the preceding section, 
and the amounts raised aud applied thereunder for the 
current year. 

Sectiox 5. 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 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 com- 
missioners ; and at each annual town meeting thereafter 
one such commissioner shall be elected by ballot for the 
term of three years. All the authority granted to the 
said town by this act and not otherwise specifically pro- 
vided for shall he vested in said board of water commis- 
sioners, 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 commis- 
sioners shall constitute a quorum for the transaction of 
business relative both to the water works and the sinkins^ 
fund. Any vacancy occurring in said board fi'om 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 6. Section ten of chapter one hundred and 
seventy-seven of the acts of the year eighteen hundred 



Acts, 1894. — Chap. 242. 219 



ChapM2 



and eighty-three, and all other provisions of said chapter 
inconsistent herewith, are hereby repealed. 

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

Approved April 13, 1894. 

An Act changing and establishing the boundary line be- 
tween THE CITY OF BOSTON AND THE TOWN OF BKOOKLINE. 

Be it enacted, etc., as follows : 

Section 1. The boundary line between the city of Boundary line 

-r-, 11 '-niT'i 1 -I ^ established. 

Boston and the town oi Brookline is hereby changed and 
established, as follows : — Beginning at a point on the 
present l)oundary line between the city of Newton and the 
city of Boston situated twenty-live feet southerly from 
the axis line of the location of the Newton circuit division 
of the Boston and Albany railroad, measured at right 
angles thereto ; thence running easterly by a line parallel 
with and twenty-tive feet distant from the said axis line 
of the location of the Newton circuit division of the Boston 
and Albany railroad for a distance of two thousand four 
hundred and seventy-four feet to a point situated one 
hundred and twenty-tive feet southerly from the southerlj'" 
line of Chestnut Hill avenue, measured at right angles 
thereto ; thence running northwesterly by a line parallel 
with and one hundred and twenty-live feet southerly from 
the said southerly line of Chestnut Hill avenue, two hun- 
dred and five feet to a point on the present division line 
between Brookline and Boston ; thence running north- 
easterly by the said present boundary line, one hundred 
and twenty-five feet to the southwesterly side of said 
Chestnut Hill avenue ; thence running northerly to a point 
on the northeasterly side of said Chestnut Hill avenue 
situated one hundred and forty feet from the southerly 
side of Beacon street, measured at right angles thereto ; 
thence running easterly by the southerly line of a pas- 
sageway lying between land of the West End Land Com- 
pany and land of the West End Street Railway Company 
a distance of five hundred feet ; thence running northerly 
al)out four hundred and two feet by a line crossing Beacon 
street ; thence running easterly hy a line parallel with 
and one hundred and five feet northerly from the north- 
erly line of Beacon street, four hundred and two feet to 
the Avesterly line of Elm avenue ; thence continuing on 
the same line three hundred and twenty-seven feet to 



220 Acts, 1894. — Chap. 242. 

Siuhod'!"'' the dividing line between land of the West End Land 
Company and land of Thomas B. Ferguson ; thence run- 
ning northerly two hundred twenty-two and five tenths 
feet to a point where the southerly line of Euglewood 
avenue is intersected by the division line between land 
now or formerly of the Aberdeen Land Company and 
land of the West End Land Company ; thence running 
northwesterly sixty feet to a point where the northerly 
line of said Englewood avenue is intersected by the 
division line between land now or formerly of Fannie A. 
Leland and land of Frederick S. Davis; thence running 
northerly by said division line betw^een land of said Leland 
and land of said Davis, one hundred forty and thirty-one 
one hundredths feet to land now or formerly of A. M. 
Wiley ; thence running easterly one hundred feet by the 
division line between land now or formerly of said A. M. 
Wiley and land of Frederick S. Davis to the westerly 
line of Lanark road ; thence running northerly forty-three 
and live tenths feet to a point where the easterly line of 
said Lanark road is intersected by the division line 
between land now or formerly of Dana Estes and land of 
Francis A. Wilson ; thence running easterly by the di- 
vision line between land now or formerly of Dana Estes, 
on its southerly side, and lands of Francis A. Wilson, 
Ellen W. Stearns, John Frost and William G. Whiting, 
on its northerly side, for a distance of three hundred 
thirty-two and seventy-six one hundredths feet to land now 
or formerly of the West End Land Company ; thence 
running north forty-nine degrees, thirtj'-five minutes east 
for a distance of three hundred eight-one and fourteen 
one hundredths feet, crossing Kilsyth road, to a point 
situated on the division line between the lots of hmd 
facing on Cummings road and those facing on Windsor 
road ; thence running southeasterly by said division line 
between said lots, facing said Cummings road, and those 
facing said Windsor road, four hundred and ninety feet 
to the easterly line of Corey road ; thence running south- 
easterly in a direction at right angles with the said east- 
erly line of said Corey road, one hundred and twenty-tive 
feet ; thence running northeasterly by a line parallel with 
and one hundred and twenty-five feet distant from the 
said easterly line of said Corey road for a distance of 
nine hundred and twenty-six feet to the southerly line 
of Washington street ; thence running northeasterly sixty 
and seven tenths feet to the northeasterly side of Wash- 



Acts, 189i. — Chap. 243. 221 

ino:ton street ; thence running northeasterly by a line ^JJ"(J,'|g^'^'(i''°® 
parallel with and one hundred and thirty feet southeast- 
erly from the southeasterly line of Corey road, sometimes 
known as Summer street, eighteen hundred and sixty-six 
feet to the southerly side of the street known as Warren 
street in Boston and Winchester street in Brookline ; 
thence running northeasterly by a line parallel wdth and 
one hundred and twenty-five feet southeasterly from the 
southeasterly line of a proposed street in continuation of 
Corey road, six hundred and fifty-four feet to a point 
ojjposite the end of Holmes avenue as now located ; thence 
running northeasterly by a line parallel with and one 
hundred and twenty-five feet southeasterly from the south- 
easterly line of Holmes avenue and its proposed extension 
to Commonwealth avenue, sixteen hundred and sixty-seven 
feet to a point situated one hundred and twenty-five feet 
southerly from the said Commonwealth avenue, measured 
at right angles thereto ; thence running southeasterly by 
a line parallel with and one hundred and twenty-five feet 
southeasterly from the southeasterly line of Common- 
wealth avenue by two distances, measuring one thousand 
four hundred and twenty feet and three hundred four and 
seventy-five one hundredths feet respectively, to the di- 
vision line between land now or late of Mary H. Foster 
and land of T. Jefferson Coolidge ; thence running north- 
erly by said division line between land of said Foster and 
land of said Coolidge one hundred and twenty-five feet 
to the southerly line of Commonwealth avenue. Said new Plan on file in 

1 T !• •! 1 !!• II- ji office of secre- 

ooundary Ime is shown by a red line delineated upon a taryof the 
plan drawn by Alexis H. French, C. E., dated the tenth co'"'"'>"^^«^'th, 
day of March in the year eighteen hundred and ninety- 
four, entitled, "Plan showing a proposed change in the 
boundary line between Boston and Brookline, Massachu- 
setts ", on file in the office of the secretary of the Com- 
monwealth. 

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

Approved April 13, 1894. 

An Act to extend the time within which the haverhill, (Jliar) 243 

GEORGETOWN AND DANVERS STREET RAILWAY COMPANY MAY 
CONSTRUCT ITS RAILWAY. 

Be it enacted^ etc.^ as folloics: 

Section 1. Section eight of chapter three hundred ^^^;,^g^' 5 »• 
and eighty-four of the acts of tlie year eighteen hundred 
and ninety-three is hereby amended by striking out in the 



222 Acts, 189i. — Chap. 214. 

foiu-th line, the word "eighteen", and inserting in place 
thereof the word : — thirty, — and by striking out in the 
eighth line, the word "three", and inserting in place 
thereof the word : — four, — so as to read as follows : — 
Tnies^s Iccepted, ^^^^^ou 8. If the provlslons of this act shall not be 
or if road is not acccptcd bv Said company, and if said company shall not 

built and oper- . .^\ i " . • J ^- f -. i • 

ated, etc. build and put in operation some portion oi its road in 

any of said towns within thirty months after the passage 
of this act, then this act shall be 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 four 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 2. This act shall take effect upon its passage. 

Apiproved April 13, 1894. 

Ch(lt),2i4:4: -^^ -^^"^ '^^ AUTHORIZE THE TOAA':;^ OP ATHOL TO INCUR INDEBT- 
EDXESS BEYOND ITS DEBT LIMIT TO CONSTRUCT A SYSTEM OF 

SEWERS. 

Be it enacted, etc., asfoUoivs: 

MeMeTnMs Section 1. The town of Athol, for the purpose of con- 

beyonddebt structing a systcm of sewers and sewage disposal, may 
incur an indebtedness of fifty thousand dollars beyond the 
limit of indebtedness fixed by law, and issue from time to 
time bonds, notes or scrip therefor ; such bonds, notes and 
scrip shall bear on their face the words, Athol Sewer 
Loan, shall be of the denomination of one hundred dollars 
or some multiple thereof, shall be payable at the expira- 
tion of periods not exceeding thirty years from the date 
of issue, shall bear interest at a rate not exceeding five 
per centum per annum, payable semi-annually, and shall 
be signed by the treasurer of the town and be counter- 
signed by a majority of the board of selectmen. Said 
town may sell such securities at public or private sale. 
Sinking fund, g^id town shall provide at the time of contracting said 
loan for the establishment of a sinking timd, and shall 
annually contribute to such sinking 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 payment of said loan and 
shall be used for no other purpose. 



Acts, 1894. — Chaps. 245, 246. 223 

Section 2. Said town shall raise annually by taxation Payment of 
a sum which with the income derived from the sewer rates 
or annual charges will be sufficient to pay the current 
expenses of operating its system of sewers and sewage 
disposal, the interest as it accrues on the bonds, notes and 
scrip issued as aforesaid by said town, and the annual 
contril)ution to the sinking fiind. 

Section o. The annual charges which shall be estab- tiTontutml^''' 
iished by said town under the provisions of section one iien upon real 
of chapter two hundred and forty-live of the acts of the 
year eighteen hundred and ninety-two shall constitute a 
lien upon the real estate using a common sewer, for the 
same time, and be collected in the same manner, as taxes 
upon real estate. 

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

Approved April 13, 1894. 

An Act relating to the amount of money to be advanced QJi(irf.2i4:5 

TO THE DISBURSING OFFICER OF THE STATE BOARD OF LUNACY 
AND CHARITY. 

Be it enacted, etc., as follows: 

Section 1. The amount advanced to the disbursing Advances to 
officer of the state board of lunacy and charity under the car of board of 
provisions of chapter fifty-eight of the acts of the year 'charuy.^^'^ 
eighteen hundred and ninety shall not exceed three thou- 
sand dollars. Such officer shall give a bond with sufficient 
sureties for the faithful discharge of the duties of his 
office in the sum of four thousand dollars, payable to and 
to l3e approved by the treasurer and receiver general. 

Section 2. Section one of chapter fifty-four of the Repeal. 
acts of the year eighteen hundred and ninety-one is hereby 
repealed. 

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

Approved April 13, 1894. 



ChapMQ 



An Act to authorize the towns op bellingham, mendon and 
hopedale to unite for the employment of a superintend- 
ent of schools. 

Be it enacted, etc., asfolloivs: 

Section 1. The towns of Bellinirham, Mendon and May^nitein 

•PI employment of 

Hopedale shall have the same power to unite for the pur- superintendent 
pose of the employment of a superintendent of schools, 
and the same rigrht to receive an allowance from the state 



224 



Acts, 1894. — Chap. 247. 



treasury, under the provisions of chapter four hundred 
and thirty-one of the acts of the year eighteen hundred 
and eighty-eight and acts in amendment thereof, which 
they would have if said towns contained twentj^-five 
schools, and shall be subject to the same duties and 
liabilities. 

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

Ax>proved April 13, 1894. 



ChapMl 



City of Lynu. 



Government 
and general 
management 
of affairs. 



Seven wards. 



Warrants for 
elections, etc. 



Annual munici- 
pal election. 



An Act to revise the charter of the city of lynx. 
Be it enacted, etc., as follows: 

Section 1. The inhabitants of the city of Lynn shall 
continue to be a municipal corporation, under the name of 
the City of Lynn, and as 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 
incumljent upon said city as a municipal corporation. 

Section 2. The government of the city and the gen- 
eral management and control of all the fiscal, prudential 
and municipal affairs thereof shall be vested in a single 
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 pu])lic schools of 
the city, and of the buildings and property pertaining to 
such schools, shall l)e vested in a school committee. 

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

Section 4. All meetings of the qualified voters of the 
city for the purpose of voting at elections and for other 
municipal or legal purposes shall be called by warrants 
issued by order of the board of aldermen, which shall be 
in such form and ])e 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 
annually on the second Tuesday of December, and the 



Acts, 1894. — Chap. 247. 225 

municipal year shall beiiin at ten o'clock in the forenoon 
on the lirst Monday of January and continue until ten 
o'clock in the forenoon on the first Monday of the follow- 
ing January. 

Section 6 . The city shall have power to expend money ward rooms. 
for hiring ward rooms, the same to be used for caucuses of 
its citizens to nominate candidates preliminary to elections. 

Section 7. At the municipal election the qualified ^^tedVya^ 
voters shall, in the several wards, give in their votes by plurality vote. 
ballot for mayor and for members of the city council and 
of the school committee, or for such of them as are to be 
elected, and the person receiving the highest number of 
votes for any ofiice shall be deemed and declared to be 
elected to such ofiice ; 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 8. If it shall appear that there is no choice vacancies in 
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 member thereof 
shall occur more than six months previous to the expira- 
tion 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 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 elec- 
tion to be held, as aforesaid, to fill the vacancy. 

Section 9 . General meetings of the qualified voters General meet- 
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 re- 
quest in writing of one hundred qualified voters setting 
forth the purposes thereof shall be called. 



226 Acts, 1894. — Chap. 247. 

City council. Section 10. The city council shall be composed of 

two branches, one of which shall be called the board of 
aldermen and the other the common council. The board 
of aldermen shall be composed of nine members, 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 annu- 
ally by and from the qualified voters of each ward : — 
One from ward one, two from ward two, five from ward 
three, five from ward four, five from ward five, five from 
ward six, and two from ward seven, and shall hold ofiice 
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 number the members 
of the common council to which it shall be entitled on 
such apportionment. 

Oaths of office. SECTION 11. The mayor elect and the members elect 
of the city council shall on the first jNIonday in the 
January succeeding their election, at ten o'clock in the 
forenoon, assemble together and be sworn to the faithful 
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 office may at 
any time thereafter be administered to him in the presence 
of the city council ; and at any time after the first Monday 
in January the oath of ofiice may be administered in the 
presence of either branch of the city council to a member 
of such branch who was absent on the first Monday in 
January, or who shall be subsecjuently elected. A cer- 
tificate that such oath has been taken by the mayor shall 
be entered in the journal of both branches of the city 
council, and in the journal of each branch shall be entered 
a certificate that the oath has been so taken by the mem- 
bers of that branch. 

Organization of Section 12. Dircctly after the oaths of office have 

city council. ■, . . -, i r> i • m i ii 

been administered each branch of the city council shall 
meet 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 president of the board of aldermen 
shall preside at all meetings of the board in the absence 



Acts, 1894. — Chap. 247. 227 

of the mayor. The city clerk shall also be the clerk of 
the board of aldermen, but iu 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, 
and shall perform such further service as such branch 
may require. The president of the board of aldermen Removals from 
may be removed from office by the affirmative vote of 
three fourths of all the members of said board. The 
president and clerk of the common council may each be 
removed l>y the affirmative vote of three fourths of all 
the members of the common council. In case of the tem- 
porary 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 vacancy in 
case of a vacancy in the office the same shall be filled by cierT.° "" ^ 
the city council. 

Section 13. Each branch of the city council shall be Each branch to 
the judge of the election and qualifications of its own l'ion"o^nts°mem.* 
memlDers, shall determine the rules for its own proceed- ^«'"«-«'^°- 
ings, and may appoint such assistant clerks and other 
officers as may be necessary for the proper conduct of its 
own business. 

Section 14. The mayor may at any time call a special oFci^wuncu^^ 
meeting of the city council or of either branch 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 previous to the 
time appointed for the meeting, and no final action shall 
be taken on any business not stated in such notice, at 
such special meeting. 

Section 15. In each branch of the city council a Quorunn. 
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 



228 Acts, 1894. — Chap. 247. 



Transaction of 
busiuees. 



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 two thirds of the mem- 
bers of each branch present and voting thereon by yea 
and nay vote. 

Baiaryof mayor. Section 16. The city council shall by Ordinance deter- 
mine the salary of the mayor, and may in like manner 
change such salary from time to time, but no ordinance 
changing the salary shall take efl'ect until the municipal 
year succeeding that in which the ordinance is passed. 

foindl^ °^ "'^ Section 17. The city council may by ordinance pro- 
vide for the payment of salaries to the members of either 
branch of the city council, but no ordinance establishing 
a salary or increasing a salary already established shall 
take effect until the municipal year succeeding that in 
which the ordinance is passed. The existing salaries of 
the members of the board of aldermen are hereby legalized. 

f^My^Xatioas Section 18. All votes of the city council making 
appropriations or loans of money shall be by yea and nay 
vote and in itemized form, and when brought before the 
city council on recommendation of the mayor, as provided 
in section thirty-one of this act, no item of the appropria- 
tion or loan in excess of the amount recommended by the 
mayor shall be passed except by the affirmative votes of 
two thirds of the members of each branch present and 
voting thereon. 

Sittings of Section 19. The board of aldermen may hold private 

either branch or .... /. ,i • -i ,• c • !• i ji 

in joint conven- Sittings lor the considcratiou oi nominations by the mayor, 
"°°" but all other sittings of either branch, or in joint conven- 

tion, shall be public, and all votes on confirmation of ap- 
pointments by the mayor shall be taken in public. 
Member of city Section 20. No member of the citv couucil shall, dur- 
how certain lug the tcrui for which he is elected, hold any other office 
other offices.etc. ^^ positiou the Salary or compensation for which is pay- 
able from the city treasury, nor shall he act as counsel or 
attorney before the city council, or before either branch 
or any committee thereof. 
Employment of Section 21. Neither the city couucil iior either brauch 
contracts, etc. thcrcof, uor any committee or member thereof, shall di- 
rectly or indirectly take part in the employment of labor, 
the expenditure of public money, the making of con- 
tracts, the purchase of materials or supplies, the order- 



Acts, 1894. — CnAr. 247. 229 

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 for the celebration of holidays and 
other similar public })urpose8, and except as herein re- 
quired 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. 

Sectiox '2'2. The city council shall have power within city ordinances, 

.,. ijii'i T li /T> penalties, etc. 

said City to make and establish ordinances and to amx 
thereto penalties for the violation thereof, as herein or by 
general law provided, without the sanction of any court 
or of any justice thereof. All ordinances so made and 
established shall be forthwith published in one or more 
newspapers designated by the mayor, and they shall, un- 
less they contain an express provision for a later date, 
take eiiect at the time of their api^roval by the mayor, or 
if a penalty for their violation is provided, at the expira- 
tion of thirty days from the day of such approval. The 
ordinance entitled ' ' an ordinance for the prevention of fire 
and the preservation of life " ordained on the twenty-sixth 
day of June in the year eighteen hundred and eighty- 
eight, and all ordinances in amendment thereof, are hereby 
legalized, and the same may be amended from time to 
time by the city council. 

Section 23. The city council shall, subject to the streets, high- 
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, 
highways and other ways within the limits of the city, to 
assess the damages sustained thereby by any person, and, 
except as herein otherwise provided, to act in matters 
relating to such laying out, locating anew, altering, dis- 
continuing or repairing ; but in all such matters action 
shall first be taken by the board of aldermen. 

Sectiox 24. Except as herein otherwise provided the General powers 
city council shall in general have and exercise the legis- cuy council*. 
lative powers of towns and of the inhabitants thereof, and 
shall have all the powers and authority given to city 
councils under the general laws of the Commonwealth, 
and be subject to the duties imposed on city councils, and 
the board of aldermen shall have and exercise all the 



230 



Acts, 1894. — Chap. 247. 



Terra of oflBce 
of mayor. 



Mayor to be 
chief executive 
officer, etc. 



General powers 
and duties of 
mayor. 



Vacancy in 
office of mayor, 
etc. 



Appointments 
by mayor and 
aldermen. 



powers, other than executive, given to selectmen of towns, 
and shall have all the powers and authority given to boards 
of aldermen of cities, and shall be subject to the duties 
imposed upon such boards. 

Section 25. The mayor shall l)e 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 qualitied, except that when 
elected to fill a vacancy he shall hold otfice only for the 
unexpired term and until his successor is elected and 
qualified. 

Section 26. 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. He may preside in the board of alder- 
men and in joint convention of both branches of the city 
council. 

Section 27. The mayor shall communicate to the city 
council, or to either branch, 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 con- 
duct of the executive and administrative business of the 
city and the harmonious and concerted action of the dif- 
ferent admini.strative and executive departments. 

Section 28. In case of a vacancy in the office of 
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 perform the duties of mayor, except that 
he shall not, unless authorized thereto in a special instance 
by the city council, make any removal fi'om 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 29 The mayor shall appoint, subject to the 
confirmation of the board of aldermen, all the officers of 



Acts, 1894 — Chap. 247. 231 

the city herein named, unless their election or appoint- 
ment is herein otherwise provided for. No such appoint- 
ment made by the mayor shall be acted upon by the board 
of aldermen until the expiration of one week from the 
time when the appointment is transmitted to the board, 
except by the vote of four fifths of the members of the 
l)oard present and voting: thereon. Any officer so ap- 
]iointed may l)e removed by the mayor with the approval 
of the board of aldermen. 

Section 30. The mavor shall, as often as once in each ^u^°''.A**,°°°: 

»- ' , , suit with heads 

month, call together for consultation upon the affairs of of departments, 
the city, the heads of departments, w^io shall, whenever 
called upon, furnish such information relative to their 
respective departments as he may request. 

Section 31. The heads of departments, the school Estimates for 

,, ,. the several de- 

committee, and all other officers and boards havmg au- partments. 
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 respec- 
tive departments for the financial year, vphich shall begin 
on the first day of the preceding December, and he shall, 
not later than the second week in February, transmit such 
estimates to the city council recommending appropriations 
for each department or purpose as he shall deem necessary 
therefor. 

Section 32. Xo sum appropriated for a specific pur- Appropriations 
pose shall be expended for any other purpose, and no tures. 
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 lial)ilities which 
are payalile 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 l)e 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 Juentsoffe^etpts 
boards and officers intrusted with the receipt and expendi- anJ expendi- 
ture of public money, and with the care and custody of 
pu])lic property, to make particular and detailed state- 
ments thereof, and shall cause such statements to be 
published on or before the first day of jNIarch for the 
information of the citizens. 



232 Acts, 1894. — Chap. 247. 

^af °Jtc° dfe"d9 SECTION 34. The mayor shall have sole power to sign, 
leases, etc. ' seal, Gxecute aiid deliver in behalf of the city, deeds and 
leases of lands sold or leased by the city, and other deeds, 
agreements, contracts, leases, indentures, assurances and 
other instruments on behalf of the city, except as herein 
otherwise provided. 
Admiuistiative 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 : — 
(1) A city clerk. (2) A city treasurer. (3) A collector 
of taxes. (4) A city auditor. The officers above-speci- 
fied shall be elected by the city council annually. The 
offices of city treasurer and collector of taxes may be held 
by the same person. (5) A board of overseers of the 
poor, consisting of six persons, who shall be elected by 
the city council for the term of three years, two to be 
elected each year as the respective terms of office of the 
present incumbents expire and two each year thereafter. 
(6) A city engineer, who shall be appointed for the term 
of three years. (7) A city physician, who shall be ap- 
pointed 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 ap- 
pointed, one in the year eighteen hundred and ninety-five 
for two years and one in the year eighteen hundred and 
ninety-six for three 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 re- 
spective terms of office of the present incumbents expire 
and one each year thereafter. (10) A board of park 
commissioners, consisting of five persons, who shall be 
appointed for five years, one to be appointed each year 
as the respective 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 otherwise provided, of all other public grounds 
except cemeteries and burial grounds. No part of the 
common shall be let or sold. (11) A board of sinking 
fund commissioners, consisting of three persons, who 
shall be appointed for three years, one to be appointed 



Acts, 1894. — Chap. 247. 233 

each year as the respective terms of office of the present 
incumbents expire and one each year thereafter. (12) A 
board of public works, consistins: of three persons. 
The members thereof shall be appointed one for one year, 
one for two years and one for three years, each succeeding 
appointment thereafter to be for the term of three years. 
Said board shall have and exercise the powers of survey- 
ors of highways, and shall also have charge of the con- 
struction, maintenance and repair of all streets, highways 
and other ways, and of all sidewalks, bridges and sewers, 
the supervision and care of wires, municipal signal sys- 
tems, and shade trees, the supervision of street lighting 
and of street watering, and the care of all buildings be- 
longing 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 build- 
ings, including school buildings, and of all repairs and 
alterations of the same, except as herein otherwise pro- 
vided. No department of said city and no corporation obstruction of 
or person shall at any time open, dig up or otherwise '^ wajs, etc. 
obstruct any street, highway, way or sidewalk in the city, 
or lay pipes or erect or maintain poles or any other struct- 
ure within the location of any such street, highway, way 
or sidewalk, without the consent of said board in writ- 
ing previously obtained. vSaid board may apportion and 
delegate its various powers and duties among sub-depart- 
ments^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 Additional 
from time to time, subject to the provisions of this act ^®°®'"®' ^'*=' 
and in accordance w^ith general laws, establish additional 
boards and other offices for municipal purposes, provide 
for their election or appointment, and determine the num- 
ber and duties of the incumbents of such boards and 
offices, and for such purposes may delegate to such boards 
and offices the administrative powers given by general 
laws to city councils and boards of aldermen. The city changes in 
council may likewise from time to time consolidate boards oflke/sf" 
and offices, and may separate and divide the powers and 
duties of such as have already been established, may in- 
crease 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, 



234 



Acts, 1894. — Chap. 247. 



Vacancies, 
elections, re- 
movals. 



and may abolish an office or board so hereafter established. 
Jrfp^polntraeli't!' ^^^ officcrs nauied herein, whether elected by the city 
terras of office, 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 tor the respec- 
tive terms herein provided, or, in the case of offices here- 
after established, for the terms provided 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 may be elected or appointed at any time there- 
after, the term of office in such case to begin forthwith 
and to terminate at the same time that it would have ter- 
minated if said officer had been elected or appointed in 
March. All officers, whether heretofore elected or ap- 
pointed, or elected or appointed hereunder, shall, except 
in case of removal, continue in office until their successors 
are elected or appointed and qualitied. Upon the resigna- 
tion, removal or disability of any officer the vacancy may 
be tilled 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 by the city council shall be elected by both branches 
in joint convention. Any officer so elected may be re- 
moved by the affirmative votes of three fourths of all the 
members of the city council in joint convention. 

Section 36. 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 city clerk ; and all administrative boards and 
other officers shall keep a record of their official transac- 
tions, and such record shall be open to public inspection. 
Section 37. There shall be a board of assessors, con- 
sisting of three persons, who shall lie elected for three 
years by and from the qualitied 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 there- 
after. There shall be elected at the same time by and 
from the qualified voters of each ward one assistant as- 
sessor. The assistant assessors so elected shall hold their 
offices for one 5'ear, or until their successors are chosen, and 
shall aid the board of assessors in determining the valua- 
tion, for taxable purposes, of any property in the city. 



Officers to be 
sworn ; certifi- 
cates of oaths; 
records. 



Acts, 1894. — Chap. 247. 235 

Section 38. The city council shall require the city cei tain officers 
treasurer, the collector of taxes, and the city auditor to 
give bonds with such security as it shall deem proper for 
the faithful discharge of their respective duties, and may 
require any other numicipal officers intrusted with receipt, 
care or disbursement of money, to give such bonds. 

Section 39. The administrative boards and officers subordinate 

^ • i-t I 1 ^ ' ' 1 1 ' 1 ii/T" officers, clerks, 

above-specitied, and every administrative board and officer etc., of adminia 
hereafter established by the city council under the pro- ^tc"^^ ^°'"''^'' 
visions 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 respec- 
tive 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 ?["P'°^'"?®°i °! 

, ^ labor, making or 

officers having charge of departments shall, within their contracts, etc. 
respective departments, employ all labor, make and exe- 
cute 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 execu- 
tive officer of the city. All contracts made in behalf of 
the city in which the amount involved exceeds three hun- 
dred dollars shall, in order to be valid, require the signa- 
ture of the mayor, and except as herein otherwise provided 
or by law required, no expenditure shall be made or lia- 
bility incurred for any purpose beyond the appropriations 
previously made therefor. 

Section 41. The city council may establish a police roiice depart- 
department, and provide for the ap])()intment of a chief 
of police and of other meml)ers of the police force by the 
mayor sul)ject to the confirmation of the board of alder- 
men, or by a police board, established by ordinance. 

Section 42. The city council may establish a fire de- Firedepart- 
partment, and provide for the appointment of a chief 
engineer and of other meml)ers of the department by the 
mayor subject to the contirmation of the board of alder- 
men, or by a fire board, or for the appointment of the 
other members of the department by a lioard of engineers 
consisting of a chief eno-ineer and assistant engineers to 
be elected ])y the city council. 



236 



Acts, 1894. — Chap. 247. 



Officers may 
appear aud give 
information lo 
city council, etc. 



Salaries. 



School com- 
mittee. 



Vacancies. 



Organization, 
quorum, etc. 



Section 43. Every administrative board, through its 
chairman or a member designated by the board, and every 
officer having charge of a department, may appear before 
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 discharge of the 
duties of such board or office ; and the officer who appears 
shall have the right to speak upon all matters under con- 
sideration relating to his department. 

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

Section 45. The management and control of the 
schools of the city shall be vested in a school committee, 
consisting of twelve members at large, who shall be 
elected by the qualified voters of the entire city in the 
manner hereinafter provided, and 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 . 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 thereafter. 

Section 46. In case of a vacancy in the office of a 
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 member whose office is vacant. 

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



Acts, 1894. — Chap. 247. 237 

Section 48. The school committee may elect a super- superintendent 

.,i,/.ii 1 ., lii 1 of schools, etc. 

mtendent ot schools, and may ai)i)omt such other subor- 
dinate officers and assistants as it may deem necessary 
for the proper discharge of its duties and the conduct of 
its business, shall define their terms of service and their 
duties and fix their compensation, and may remove and 
discharge them at pleasure. No mem])er of the school mrt™ee^no°t^o°°^" 
committee shall during the term for which he is elected hoid other office, 
hold any other ofiice or position the salary or compensa- 
tion for which is payable out of the city treasury. 

Sectiox 49. The school committee, in addition to the schooiiands, 
exercise of the powers and the discharge of the duties 
imposed by law upon school committees, shall have full 
power and authority to select lands for school purposes, 
to determine the plans of all school buildings to be 
erected, and to provide when necessary temporary accom- 
modations for school purposes ; and shall have the care 
and control of all school buildings, including ordinary 
repairs, and the grounds connected therewith. 

Section 50. Unless thereto required or authorized by Liabilities, 

GXPGDCiltUrGS 

law, the school committee shall cause no liability to be appropriationB, 
incurred and no expenditure to be made for any purpose 
be\'ond the specific ajipropriation 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 appropriations, 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. 

Section 51. All orders, resolutions and votes of the orders, etc., 
school committee, which involve the expenditure of money, peuditureof 
shall l»e presented to the mayor for his approval, and "°°*^y- 
thereupon the same proceedings shall be had as are \)yo- 
vided by law in relation to similar orders, resolutions and 
votes of a city council. 

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

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



238 



Acts, 189:t. — Chap. 248. 



Majority vote 
required for 
acceptance, etc 



Repeal. Section 54. All acts and parts of acts inconsistent 

with the provisions of this act are, so far as the same 
relate to or aflect the city of Lynn, hereby repealed, but 
such repeal shall in no case revive an act heretofore 

Effect of repeal, repealed, nor shall the repeal of acts or annulling of 
ordinances inconsistent herewith affect any act done or 
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 author- 
ity of any act so repealed or of any ordinance founded 
thereon. 

Section 55. This act shall be submitted to the quali- 
fied voters of the city of Lynn for acceptance at a special 
municipal election to be held within ninety days after the 
passage of this act, at a date to be fixed by the board of 
aldermen, and the affirmative votes of a majority of the 
voters present and voting thereon shall be required for its 
acceptance. 

Section 56. So much of this act as authorizes the 
submission of the question of its acceptance to the voters 
of said city shall take efi'ect upon its passage, but it shall 
not further take effect until accepted by the voters of said 
city as herein provided, and when so accejjted this act 
shall take efi'ect so far as to authorize the election at the 
next annual municipal election of all officers herein pro- 
vided to be elected by the qualified voters of said city, 
or of its several wards, and shall take full efiect on the 
first Monday in January next following such acceptance. 

Approved April 14, 1894. 



When to take 
effect. 



Chap 



.248 ^^ '^*'^ KELATIXG TO STATEMENTS FILED UNDER THE ACT TO 
PREVENT CORRUPT PRACTICES IN ELECTIONS. 

Be it enacted,, etc., as follows: 
Controller of Section 1. The controUcr of the accounts of county 

county accounts in- n n^ i • i i 

to inspect state- officcrs shall luspcct all Statements filed with the secretary 
™^° *' of the Commonwealth, under the provisions of chapter 

four hundred and seventeen of the acts of the year eight- 
een hundred and ninety-three and acts in amendment 
thereof, within sixty days after the same are filed. 

Section 2. Upon discovery that any such statement 
does not conform to the provisions of said act, in respect 
to sufficiency of detail or otherwise, or upon the complaint 
in writing of any five registered voters that any such state- 



Persons not 
complying with 
the law to be 
uotitied. 



Acts, 1894. — Chap. 249. 239 

ment does not conform to law or to the truth, or that any 
person has failed to tile a statement required by said act, 
the said controller shall notify such person in writing of 
his non-compliance, specifying the particulars thereof. 

Section 3. The comphiint mentioned in the preceding- Fiiiug of com- 
section must be tiled with said controller within sixty days ^ """'■ 
after the election in question : provided, however, that in Proviso. 
all cases a complaint may be tiled at any time within thirty 
days after the tiling of a statement or amended statement. 
The complaint shall state in detail the grounds of objec- 
tion and shall l)e sworn to by at least one of the sub- 
scribers. 

Section 4. If a person, after being notitied as pro- Failure to eie 
vided in section two, fails to tile a statement or amended pr'oceedi'ngs/'' 
statement within ten days of the time of receiving such 
notice, the controller shall bring the case to the notice of 
the proper district attorney, who is hereby authorized 
to institute civil proceedings, under section two hundred 
and thirty-nine of said act, or criminal proceedings in 
his discretion, which proceedings shall be brought in the 
name of the Commonwealth and within two months after 
the end of said ten days' delinquency. 

Section 5. In the case of statements under said act Statements re- 

, . . , , . , . lalingto munici- 

relating to municipal elections, or to an election on the pai elections. 
part of a city council or of either branch thereof, the pro- 
visions of the preceding sections shall apply to the re- 
spective city or town clerks, instead of the controller of 
accounts of county otEcers. 

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

Approved April 14, 1894. 

An Act relating to the removal of prisoners from the (7^(^7>.249 
state prison to the massachusetts reformatory. 

Be it enacted, etc., as foUoivs : 

Section 1 . The commissioners of prisons may remove Removal of 
to the Massachusetts reformatory any convict held in the '^''"^"^ *' 
state prison upon a sentence for a term of years ; and they 
may at any time return to the state prison any convict so 
removed. 

Section 2. A convict removed or returned under this Terms of orig. 
act shall be held in the place of imprisonment to which he apply, etc. 
is so removed or returned, in accordance with the terms 
of his original sentence ; and no permit to be at liberty 



240 Acts, 1894. — Chaps.. 250, 251. 

from said reformatory sliall be granted to a convict who 
is removed thereto from the state prison, without the con- 
sent of the governor and council. 
Repeal. Section 3. Scction fourteen of chapter two hundred 

and tifty-five of the acts of tlie year eighteen hundred and 
eighty-four is hereby repealed. 

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

Approved April 14, 1894. 

Oh(lJ).250 -^^ -^^'^ KELATIVE TO THE COMPENSATIOX OF SPECIAL COUNTl' 

COMMISSIONERS. 

Be it enacted, etc., as follows : 
Compensation Sectiox 1. Each spccial couutv commissiouer shall 

of specialcouuty "-^ ^ l n i • i 

commissioners, reccive, out of the amount allowed m the respective 

counties for salaries of county commissioners, not less 

than five dollars a day for time spent in the discharge 

of his duties, and ten cents a mile travel each Avay. 

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

Approved Ax>ril 14, 1894. 

ChCtT).251. -^^ -'^CT RELATIVE TO TRANSFERRING INSANE PERSONS TO AND 
FROM THE LUNATIC WARD OF THE STATE FARM. 

Be it enacted, etc., as follows: 

JalTuepevLuB Section 1. The buildings erected in connection with 
to state farm. ^]^q liospital and almshousc departments of the state farm 
at Bridgewater, for the accommodation of chronic insane 
men, under the provisions of chapter two hundred and 
nineteen of the acts of the year eighteen hundred and 
eighty-six and acts in addition thereto, shall be contin- 
ued as the lunatic ward of the state farm, but no person 
shall be hereafter transferred thereto fi'om a state lunatic 
hospital except those transferred and committed to said 
hospitals from the state prison, the Massachusetts reform- 
atory, the jails and houses of correction of the several 
counties, and the house of industry of the city of Boston. 
Return of trans- Section 2. Whenever lu tlic iudirment of the trustees 

ferred persons. -^ ~ 

and superintendent of the state farm any person so trans- 
ferred ought to be returned to the prison or other institu- 
tion to which he was originally committed, the fact shall 
be certified upon the mittimus or warrant of commitment, 
and notice shall be given to the warden, master or super- 
intendent of the prison or other institution, who shall 



Acts, 1894. — Chap. 252. 241 

thereupon cause said person to be reconveyed to such 
])rison or other institution, there to remain pursuant to 
the original sentence, computing the time of his detention 
or continement in the hospital and state farm as part of 
the term of his imprisonment. 

Approved April 14, 1894. 

Ax Act to incorporate the conway electric street railway (JJici'n,2,52i 

COMPANY. 

Be it enacted, etc., as foUoivs : 

Sectiox 1. Carlos Batchelder, Arthur M. Cook, f,°.°rffwa? 
Arthur P. Delabarre, Jabez C. Newhall, John B. Packard, ^°j'^P^J'y^'*°°'"' 
Daniel Eldredge, Charles Parsons, Emory Brown, John B. 
Laidley, William G. Avery, George R. McDowell, Ed- 
ward Delabarre, Newton Pease, Harris D. Pease, Charles 
F. Allis, Chelsea Cook, Williams Pease, Franklin Pease, 
Max Antes, Frederick L. Totman, Henry W. Billings, 
Charles L. Mason, David Newhall, Arthur C. Guilford, 
Gordon H. Johnson, their associates and successors, are 
hereby made a corporation under the name of the Conway 
Electric Street Railway Company, with all the powers and 
privileges and subject to all the duties, conditions and re- 
strictions set forth in all general laws that now are or here- 
after may be in force relating to street railway companies. 

Section 2. Said company is hereby authorized to construction 
construct, maintain and operate a railway in the town of of ra"iFway.'°° 
Conway, with convenient single or double tracks, with 
suitable turnouts and switches, upon and over such streets 
and highways in said town as shall be from time to time 
tixed and determined by the selectmen of said town. And 
said company may construct its tracks over private land 
and hold the same l)y purchase or lease : jivovided, that no Provioo. 
location shall be granted to said company unless said town 
votes to authorize its selectmen to grant such location by 
a two thirds 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 •! ij_«'j_ erection of poles 

said railway by animal power or electricity, or any and wires, etc. 
approved power other than steam, and may erect and 
maintain poles and wires on private lands taken, and, 
with the consent of the board of selectmen of said town, 
may erect such poles and wires in the streets and high- 
ways as may be necessary to establish and maintain such 



242 



Acts, 1894. — Chap. 252. 



Location. 



Capital stock. 



May issue 
bondS) etc. 



May carry on 
business of a 
common carrier, 
etc. 



Proviso. 



Town of Con- 
way may hold 
stock, etc. 



To be void 
unless road is 
operated prior 
to July 1, 1S96. 



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. 

Section 4. The location of said railway outside the 
public streets and highways shall not exceed fifty feet in 
width. 

Section 5. The capital stock of said company shall 
not exceed fifty thousand dollars, except that said com- 
pany may increase its capital stock, subject to all general 
laws applicable to such increase. 

Section 6. Said company 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 twenty-five thousand dollars, for a term not exceeding 
twenty years from the date thereof; and to secure the 
payment thereof, with interest thereon, said company may 
make a mortgage of its road and franchise, and any part 
of its other property thereafter to be acquired, and may 
in such mortgage reserve to its directors the right to sell 
or otherwise in due course of business to dispose of prop- 
erty included therein which may become worn, damaged 
or unsuitable for use in the operation of the road, provided 
an equivalent in value be substituted therefor. All bonds 
issued shall first be approved by some person appointed 
by the coii^oration 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 
carrier of goods and merchandise, and for the transporta- 
tion of freight upon and over any street or highway or 
over any private land upon which it may be authorized to 
construct its tracks as aforesaid, subject to the provisions 
of chapter seventy-three of the Public Statutes and of 
all laws relating to common carriers : provided, that the 
selectmen of said town of Conwa}'' shall be authorized, by 
a two thirds 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 and to transport freight. 

Section 8. The town of Conway may subscribe for 
and hold shares of the capital stock or the bonds of said 
company to the same amount and in the same manner as 
prescril)ed by general law in relation to railroads. 

Section 9. If said company shall fail to locate, con- 
struct and put in operation a street railway, in accordance 



Acts, 1894. — Chap. 253. 243 

with the foregoing provisions, prior to the first day of July 
in the year eighteen hundred ninety-six, all the powers 
and authority herein given shall cease, and thereafter this 
act shall have no further operation or effect. 

Section 10. No stock or bonds shall be issued under issue of stock, 
this act until the terms of such issue have been submitted app'roved^by 
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 board and 
filed by said company in the office of the secretary of the 
Commo nwealth . 

Section 11. This act shall take efiect upon its passage. 

Approved April 14^ 1894. 



railroad com- 
missioners. 



CAap.253 



An Act to establish a law uniform with the laws of 
other states for the acknowledgment and execution of 
written instruments. 

Be it enacted,, etc., as folloios : 

Section 1. Either the forms of acknowledgment now Forms of ac 
in use in this state, or the following, may be used in the et°c°.^ ^ ^^^^ 
case of conveyances or other written instruments, when- 
ever such acknowledgment is required or authorized by 
law for any purpose : (Begin in all cases by a caption 
specifying the state and place where the acknowledgment 
is taken.) 1. In the case of natural persons acting in 
their own right : On this day of 18 , before 

me personally appeared A B (or A B and C D), to me 
known to be the person (or persons) described in and 
who executed the foregoing instrument, and acknowledged 
that he (or they) executed the same as his (or their) free 
act and aeed. 2. In the case of natural persons acting 
by attorney: On this day of 1^ , before me 

personally appeared A B, to me known to be the person 
who executed the foregoing instrument in behalf of C D, 
and acknowledged that he executed the same as the free 
act and deed of said C D. 3. In the case of corporations 
or joint stock associations : On this day of 

18 , before me appeared A B, to me personally known, 
who, being by me duly sworn (or affirmed), did say that 
he is the president ( or other officer or agent of the corpo- 
ration or association) of (describing the corporation or 
association), and that the seal affixed to said instrument 
is the corporate seal of said corporation (or association), 
and that said instrument was sijjned and sealed in behalf 



244: 



Acts, 1894. — Chap. 253. 



Acknowledg- 
ment of mar- 
ried woman. 



Proof or ac- 
knowledgment 
of deed, etc. 



Certificates to 
be attached to 
conveyance, 
etc. 



of said corporation (or association) by authority of its 
board of directors (or trustees), and said A B acknowl- 
edged said instrument to be the free act and deed of said 
corporation (or association). (In case the corporation 
or association has no corporate seal, omit the words "the 
seal affixed to said instrument is the corporate seal of said 
corporation (or association), and that", and add, at the 
end of the affidavit clause, the words " and that said cor- 
poration (or association) has no corporate seal.") (In 
all cases add signature and title of the officer taking the 
acknowledgment. ) 

Section 2. The acknowledgment of a married woman 
when required by law may be taken in the same form as 
if she were sole, and without any examination separate 
and apart fi'om her husband. 

Section 3. The proof or acknowledgment of any deed 
or other wi-itten instrument required to be proved or 
acknowledged in order to enable the same to be recorded 
or read in evidence, when made by any person without 
this state and within any other state, territory or district 
of the United States, may be made before any officer of 
such state, territory or district authorized by the laws 
thereof to take the proof and acknowledgment of deeds, 
and, when so taken and certified as herein provided, shall 
be entitled to be recorded in this state, and may be read 
in evidence in the same manner and with like eflect as 
proofs and acknowledgments taken before any of the 
officers now authorized by law to take such proofs and 
acknowledgments, and whose authority so to do is not 
intended to be hereby aftected. 

Section 4. To entitle any conveyance or written instru- 
ment, acknowledged or proved under the preceding section, 
to be read in evidence or recorded in this state, there shall 
be subjoined or attached to the certificate of proof or ac- 
knowledgment, signed by such officer, a certificate of the 
secretary of state of the state or territory in which such 
officer resides, under the seal of such state or territory, or 
a certificate of the clerk of a court of record of such state, 
territory or district in the county in which said officer re- 
sides or in which he took such proof or acknowledgment, 
under the seal of such court, stating that such officer was, 
at the time of taking such proof or acknowledgment, 
duly authorized to take acknowledgments and proofs of 



Acts, 1894. — Chap. 253. 245 

deeds of lands in said state, territory, or district, and that 
said secretary of state, or clerk of court, is well acquainted 
with the handvvriting of such officer, and that he verily 
believes that the signature affixed to such certificate of 
proof or acknowledgment is genuine. 

Section 5. The following form of authentication of ^°^[?q°[^J',.*^^°- 
the proof or acknowledgment of a deed or other written 
instrument when taken without this state and within any 
other state, territory or district of the United States, or 
any form substantially in compliance with the foregoing 
provii^ions of this act, may be used. Begin with a caption 
specifying the state, territory or district, and county or 
place where the authentication is made. I , 

clerk of the in and for said county, which 

court is a court of record, having a seal (or, I, , 

the secretary of state of such state or territory), do hereby 
certify that by and before whom the foregoing 

acknowledgment (or proof) was taken, was, at the time of 
taking the same, a notary public (or other ofiicer) residing 
(or authorized to act) in said county, and was duly author- 
ized by the laws of said state (territory or district), to take 
and certify acknowledgments or proofs of deeds of land 
in said state (territory or district), and further that I am 
well acquainted with the handwriting of said , and 

that I verily believe that the signature to said certificate 
of acknowledgment (or proof) is genuine. In testimony 
whereof, I have hereunto set my hand and afiixed the seal 
of the said court (or state) this day of , 18 . 

Section G. The proof or acknowledgment of any deed mentoTde'ld's 
or other instrument required to be proved or acknowl- etc., by persons 
edged in order to entitle the same to be recorded or read united states. 
in evidence, when made by any person without the United 
States, may be made before any officer now authorized 
thereto by the laws of this state, or before an}'' minister, 
consul, vice-consul, charge d'affaires, or consular agent of 
the United States resident in any foreign country or port, 
and when certified by him under his seal of office it shall 
be entitled to be recorded in any county of this state, and 
may be read in evidence in any court in this state in the 
same manner and with like effect as if duly proved or 
acknowledged within this state. 

Approved April 14, 1S94. 



246 Acts, 1894. — Chaps. 254, 255, 256. 

ChaV.254: ^^ •^^'^ "^^ authorize the LEXINGTON PRINT WORKS TO IN- 

CREASE ITS CAPITAL STOCK. 

Be it enacted, etc., asfoUoivs: 

SuarJock! Section 1. The Lexington Print Works is hereby 

authorized to increase its capital stock, in the manner 
provided by law and subject to the provisions of chapter 
two hundred and forty-seven of the acts of the year eight- 
een hundred and ninety-one, at such times and in such 

Proviso. amounts as it may from time to time determine : pro- 

vided, that the whole amount of the capital stock of said 
corporation shall not exceed one hundred and thirty thou- 
sand dollars. 

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

Approved April 14, 1894. 

GhaT) 255 -^^ ■^^'^ '^'^ remove certain RESTRICTIONS UPON THE CITY OF 
CAMBRIDGE RELATIVE TO THE TAKING OF THE WATERS OF STONY 
BROOK AND ITS TRIBUTARIES. 

Be it enacted, etc., as follows: 

wa^irs^from Section 1. The city of Cambridge is hereby author- 

stony Brook, ized to draw water from its reservoir or storage basin at 
Roberts' mills on Stony Brook, for its own use or for the 
use of any other town or city, to the depth of seven feet 
below the top of the present waste dam there situated, 
without the consent of the city of Waltham and the town 
of Weston ; and said dam shall be maintained by the city 
of Cambridge to at least the height of twenty feet as at 
present constructed. But at times of repair of said dam 
or its connections the water may be drawn down beyond 
said depth of seven feet as necessity may require. 
Repeal. Section 2. So much of section one of chapter two 

hundred and fifty-six of the acts of the year eighteen hun- 
dred and eighty-four as is inconsistent herewith is hereby 
repealed. 

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

Approved April 16, 1894. 



Chap.25Q 



An Act relating to assessments for the construction of 

SEWERS IN the CITY OF BOSTON. 



Be it enacted, etc., as folloius: 
1892, 402, §3, Section 1. Section three of chapter four hundred and 

amended. ,, n ■, -i itit-j 

two ot the acts oi the year eighteen hundred and ninety- 



Acts, 1894. — Chap. 257. 247 

two is hereby amended by inserting in the seventh line, 
after the word "parcels", the words: — but the number 
of lineal feet of any such parcel which has been assessed 
for the building of any other sewer shall be reduced by 
one hundred in determining the number of such feet by 
which the proportions aforesaid shall be determined, — so 
as to read as follows : — Section 3. Said superintendent Apportionment 
shall so apportion the said assessable cost to the parcels cost. 
of laud aforesaid that the amount apportioned to each 
parcel shall bear to the total assessable cost the proportion 
which the numl^er of lineal feet of each parcel on said 
highway or strip of land bears to the number of such 
lineal feet of all such parcels, but the number of lineal 
feet of any such parcel which has been assessed for the 
building of any other sewer shall be reduced by one hun- 
dred in determining the number of such feet by which the 
proportions aforesaid shall be determined, and a lien shall 
attach to the parcel and to any buildings which may be 
thereon for such amount, as a part of the tax on such 
parcel. Said superintendent shall give notice of the 
amount of every such assessment and the interest thereon 
to the owner of the parcel liable therefor, forthwith after 
such amount has been determined. 

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

Ap-proved April 16, 1894. 



An Act kelatixg to the erection or alteration of struct- 
ures IN THE CITY OF BOSTON. 



Chap.257 



Be it enacted, etc., as follows: 

Section 1. The supreme judicial court, or any justice May restrain the 
thereof, and the superior court, or any justice thereof, in oPcer'tain^''^' 
term time or vacation, shall, on the application of the city ^"•^'^i^s*- 
of Boston by its attorney, have jurisdiction in equity to 
enforce or prevent the violation of the provisions of the 
acts relating to the erection or alteration of buildings or 
other structures in the city of Boston, and may, on such 
application, restrain the erection, alteration, use or occu- 
pation of any such building or structure which is being or 
has been erected or altered in violation of any of the pro- 
visions of said acts. 

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

Ax)proved April 16, 1894. 



248 



Acts, 1894.— Chap. 258. 



p. S. 222, § 20, 
amended. 



Record of con- 
duct, deduction 
from Bentence, 
etc. 



Cha'D.25S ^ ^^'^ AUTHORIZING A DEDUCTION FROM THE TERM OF IMPRIS- 
ONMENT OF PRISONERS AT THE STATE FARM. 

Be it enacted, etc., as folloivs: 

Section twenty of chapter two hundred and twenty-two 
of the Public Statutes is hereby amended by striking out 
the words " in the state workhouse, by the trustees of said 
workhouse", in the twenty-fifth and twenty-sixth lines, 
and inserting in place thereof the words : — at the state 
farm, by the trustees thereof; and said trustees ma}^ in 
special trust cases deduct from the term of imprisonment 
of prisoners at the state farm a portion of such term not 
exceeding, one third thereof, which special deduction shall 
disentitle such prisoner to the general deduction above 
mentioned, — so as to read as follows : — Section 20. 
Every officer in charge of a prison or other place of con- 
finement shall keep a record of the conduct of each pris- 
oner in his custody whose term of imprisonment is not 
less than four months. Every such prisoner whose record 
of conduct shows that he has faithtiilly observed all the 
rules, and has not been subjected to punishment, shall be 
entitled to a deduction from the ternl of his imprisonment, 
to be estimated as follows : Upon a sentence of not less 
than four months and less than one year, one daj^ for each 
month ; upon a sentence of not less than one year and less 
than three years, three days for each month ; upon a sen- 
tence of not less than three years and less than five years, 
four days for each month ; upon a sentence of not less 
than five years and less than ten years, five days for each 
month ; upon a sentence of ten years or more, six days for 
each month. When a prisoner has two or more sentences, 
the aggregate of his several sentences shall be the basis 
upon which the deduction shall be estimated. Each pris- 
oner who is entitled to a deduction from the term of his 
imprisonment, as aforesaid, shall receive a written permit 
to be at liberty during the time thus deducted, upon such 
terms as the board granting the same shall fix. Said per- 
mits shall be issued as follows : To prisoners in the house 
of industry, jail, or house of correction of Suflblk county, 
by the board of directors for public institutions ; to pris- 
oners in the other jails and houses of correction, by the 
county commissioners of the several counties ; to prison- 
ers in the state prison and in the reformatory prison for 
women, by the commissioners of prisons ; to prisoners at 



Acts,, 1894. — Chaps. 259, 260. 249 

the state fjirm, by the trustees thereof; and said trustees 
may in special trust cases deduct from the term of im- 
prisonment of prisoners at the state farm a portion of such 
term not exceeding one third thereof, which special deduc- 
tion shall disentitle such prisoner to the general deduction 
above mentioned. The board issuing a jDcmiit as afore- 
said may at any time revoke the same, and shall revoke it 
when it comes to their knowledge that the person to whom 
it was granted has been convicted of any olfence punish- 
able by imprisonment. Ap23roved April 16, 1894. 

An Act relating to clerical assistance in the office of (Jfid'nJ^i^^ 
THE register of probate and insolvency for the county 

of WORCESTER. 

Be it enacted, etc., asfolloivs: 

Section 1 . The register of probate and insolvency for clerical 
the county of Worcester shall be allowed, in addition to **'"^" 
the amount now allowed by law, a sum not exceeding one 
thousand dollars a year, from and after the first day of 
February in the year eighteen hundred and ninety-four, 
for clerical assistance actually performed, to be paid from 
the treasury of the Commonwealth upon the official cer- 
tificate of said register, countersigned by the judge of 
probate and insolvency for said county. 

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

Approved April 16, 1894. 



Chap.260 



An Act relating to sentences to the reformatory prison 

for women. 

Be it enacted, etc. , as follows : 

Section twenty-four of chapter two hundred and nine- p. s. 219, §-24, 
teen of the Public Statutes is hereby amended by insert- ^™*^°^^*^- 
ing in the seventh line, after the word " imprisonment", 
the words : — in the reformatory prison for women or, — 
so as to read as follows ; — /Section 24. If a woman em- Penalty for 
ployed in domestic service under the preceding section turn\'o pnson. 
leaves her place of service, or, having been ordered by 
the commissioners to return to prison, neglects or refuses 
to do so, she shall be deemed to have escaped from prison, 
and may be arrested and returned to the prison from which 
she was taken, in the same manner as if she had escaped 
therefrom, and shall upon conviction of such offence be 



250 Acts, 1894. — Chap. 261. / 

punished by imprisonment in the reformatory prison for 
women, or in a jail or house of correction, for not less 
than three months nor more than one year. 

Approved April 16, IS 94. 

CJlCl/p'^Gl An Act kelative to insolvent debtors. 

Be it enacted, etc., as follows : 

TmeAded'. ^ ^^^' Section 1. Scction Gue hundred and twelve of chap- 
ter one hundred and fifty-seven of the Public Statutes, 
a3 amended l^y chapter four hundred and thirty-one of 
the acts of the year eighteen hundred and ninety and by 
section two of chaj^ter four hundred and five of the acts 
of the year eiirhteen hundred and ninety-three, is hereby 
further amended by inserting in the nineteenth line, 
after the word " manufacturer", the words : — contractor, 
f'reditofs'for ^^ buildcr, — SO as to read as follows : — Section 112. If a 
insolvency pro- persou arrcstcd on mesne process in a civil action for the 
sum of one hundred dollars or upwards, founded upon a 
demand in its nature 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 actually im- 
prisoned thereon for more than thirty days ; or if a person 
Avhose goods or estate are attached on mesne process in 
such action founded upon such contract has not before the 
return day 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 prevent 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 paj^ment, 
conveyance, or transfer of any part of his property ; or, 
being a banker, broker, merchant, trader, manufacturer, 
contractor, builder, or miner, has fraudulently stopped 
payment, or has stopped or suspended and not resumed 
payment of his commercial paper within a period of four- 
teen 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 



Acts, 1804. — Chaps. 262, 263. 251 

judge for the county in which the debtor has last res-ided, 
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, other- 
wise to the judge for the county within which he resides 
or last resided, or has or last had a usual place of busi- 
ness, setting forth the facts 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. 
Section 2. This act shall take effect upon its passage. 

Approved April 16, 1894. 



Ak Act to authorize the American baptist missionary union 

TO HOLD additional REAL AND PERSONAL ESTATE. 



Chaj().262 



Be it enacted, etc., as follows: 

Sectiox 1 . The American Baptist Missionary Union May toid ad- 
may, for the purposes of its incorporation, take and hold 
in fee simple or otherwise, lands, tenements or heredita- 
ments, by gift, grant, purchase or devise, not exceeding 
in value one million dollars ; and may also take and hold 
l\v gift, grant, donation or bequest, personal estate to an 
amount not exceeding two million dollars. 

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

Approved April 16, 1894. 

An Act to incorporate the dorchester savings bank. Chctp.2iQ3 

Be it enacted, etc., as foUoivs : 

Section 1. John P. Spauldiug, Alfred S. Woodworth, I'^^Jj'^l'g'filLk 
Andrew G. Briggs, Salmon P. Hibbard, Spencer W. Rich- incorp^orated. 
ardson, Augustus P. Martin, George A. Miner, Alanson 
W. Beard, Ebenezer M. McPherson, Joseph H. S. Pear- 
son, John Shepard, Lawrence J. Logan, Edward H. 
Dunn, John Gilchrist, George H. Richter, Richard H. 
Stearns, Curtis Guild, Jr., Stephen O'Meara, William 
H. Sayward, Abraham C. Ratshesky, Frederick G. Petti- 
grove, their associates and successors, are hereby made 
a corporation by the name of the Dorchester Savings 
Bank, with authority to establish and maintain a savings 
bank in that part of the city of Boston known as Dorches- 
ter ; with all the powers and privileges and subject to all 
the duties, liabilities and restrictions set forth in all general 



252 Acts, 1894. — Chaps. 264, 265, 266. 

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. 

Ap2:>rovecl April 16, 1894. 

ChCtV.2i(j4: ""^^ ■^'^'^ ^*-* CHANGE THE NAME OF THE FEDERATION OF LOYAL 

KNIGHTS AND LADIES. 

Be it enacted, etc., as foUoivs : 
Name changed. Sectiox 1. The uamc of the Federation of Loyal 
Knights and Ladies is hereby changed to the Royal 
Crescent. 

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

Approved April 16, 1894. 



OSTON TO PAY A SUM OF 
KILLDUFF. 



CJldV 265 "^^ ^^'^ '^'^ AUTHORIZE THE CITY OF B 

MONEY TO MAKIA E. Kl 

Be it enacted, etc., as follows : 

^idowof Section 1. The city of Boston is hereby authorized 

duff. ' ' to pay to Maria E. Killdufl', widow of Michael J. Kill- 
duff late a clerk in the employ of said city, the balance of 
salary to which he woukl have been entitled had he lived 
and continued to hold his office until the end of the year 
eighteen hundred and ninety- two. 

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

Approved April 16, 1894. 



C7lCl7).2iGQ ^^ -"^^^ '^'^ AUTHORIZE THE BOARD OF POLICE OF THE CITY OF 
BOSTON TO EXPEND AN ADDITIONAL SUM OF MONEY FOR LEGAL 
ASSISTANCE. 

Be it enacted, etc., as folloios : 

1889, 419, § 1, Section 1 . Section one of chapter four hundred and 

nineteen of the acts of the year eighteen hundred and 
eighty-nine is hereby amended by striking out in the 
fourth line, the word "fifteen", and inserting in place 
thereof the word: — twenty-five, — so as to read as fol- 

May employ lows : — SectioTi 1. The board of police of the city of 
Boston may employ legal assistance, as they may deem 
necessary, to assist them in the performance of their 
duties, and incur liability therefor to an amount not 
exceeding tAventy-five hundred dollars in any municipal 



legal aasistance. 



Acts, 1894. — Chaps. 267, 268. 253 

year, and expenses so incurred shall be paid by the city 
of Boston upon the requisition of said board. 

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

Approved April 16, 1894. 

An Act extending the provisions of the civil service act (JJiQiy 26T 

TO TOAVNS HAVING A POPULATION OF TWELVE THOUSAND 
INHABITANTS OR OVER. 

Be it enacted, etc., as folloivs: 

Section 1. The provisions of chapter three hundred ^i^"[8e°v°ice''act 
and twenty of the acts of the year eighteen hundred and extended. 
eighty-four entitled, " An act to improve the civil service 
of the Commonwealth and the cities thereof", and of all 
acts in amendment thereof and in addition thereto, are 
hereby extended and made applicable to all towns of the 
Commonwealth having a population of twelve thousand 
inhabitants or over. 

Section 2. This act shall take effect in any such town when to take 
upon its acceptance by a majority of the legal voters of ^ '^'^ * 
said town present and voting thereon at a town meeting 
called for the purpose. Approved Ap)ril 17, 1894. 

An Act relating to the kegistkation of women voters. (J]iap.2.QS 
Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter four hundred ^^e^j^e^',^ ^^' 
and seventeen of the acts of the year eighteen hundred 
and ninety-three is hereby amended by striking out all 
after the word *'tax", in the eleventh line, clown to and 
including the word *' registration", in the sixteenth line, 
and by inserting in place thereof the words ; — and shall 
inquire at the residences of the women voters whose names 
are contained in the list transmitted to said assessors by 
the registrars, according to the provisions of section forty- 
five of this act, whether such women voters are residents 
thereat, aud shall thereupon make a list of the women 
voters so found by them, — so as to read as follows : — 
Section 16. The assessors, by one or more of their num- Assessors to 

1 1 ' 1 , 1 n • ji make lists of 

ber, or by one or more assistant assessors, shall, in the persons, etc., 
month of May or June in each year, visit every building a^s^g'sed a^poii 
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- 



254 



Acts, 1894. — Chap. 268. 



dence, on the first day of May in the current year, and 
the residence on the first day of May in the preceding 
year, of every male person twenty years of age or up- 
wards, residing in their respective cities and towns, liable 
to be assessed for a poll tax ; and shall inquire at the 
residences of the women voters whose names are con- 
tained in the list transmitted to said assessors by the 
registrars, according to the provisions of section forty- 
five of this act, whether such women voters are residents 
To make list of tlicrcat, and shall thereupon make a list of the women 

■women voters, ' . i i vi mi i n 

etc. voters so lound by them, ihe assessors shall, upon the 

personal application of an assessed person for the cor- 
rection of any error in their orginal lists, and whenever 
informed of the existence of any such error, make due 
mvestigation, and, upon proof of error, correct the same 
on their books. They shall cause to be preserved for the 
space of two years all applications, certificates and affi- 
davits received by them under this section. 

Section 2. Section seventeen of said chapter four 
hundred and seventeen is hereby amended by striking out 
in the seventh, eighth, ninth and tenth lines, the words 
" They shall also promptly transmit to the registrars the 
requests of all women which shall have been received by 
them as aforesaid ", so as to read as follows : — Section 
1 7. 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 regis- 
trars and to the collector of taxes notice of every addition 
to and correction in the lists made by them ; 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 3. Section forty-five of said chapter four hun- 
dred and seventeen is hereby amended by striking out all 
after the word " woman", in the fifteenth line, down to and 
including the word " act", in the eighteenth line, and by 
inserting in place thereof the words : — voter whose name 
is contained in the list of women voters made by the 
assessors and transmitted to the registrars, as provided in 
sections sixteen and seventeen of this act, — and by adding 
at the end of said section the words : — The registrars 
shall also annually, before the first day of May in each 



1893. 417, § 17, 
amended. 



Assessors to 
furnish regis- 
trars and col- 
lectors lists, 
notices, etc. 



1893, 417, § 45, 
amended. 



Annual register. 



Entries, ar- 



Acts, 1894. — Chap. 268. 255 

year, transmit to the assessors a list of the women whose 
names are contained upon the register of voters, together 
with their residences as they appear on the register of the 
preceding year, — so as to read as follows : — 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 ^ngement.etc. 
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 of 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 cuiTent year as transmitted to them by 
the assessors, giving as his residence on the first day of 
May the i)lace at which he was assessed a poll tax ; and/ 
likewise the name and residence, as aforesaid, of every 
woman voter w^hose name is contained in the list of women 
voters made by the assessors and transmitted to the regis- 
trars, as provided in sections sixteen and seventeen of 
this act : provided, 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 on the 
voting list of such city or town at the last preceding elec- 
tion or town meeting. The registrars shall make all makefnquir^es, 
necessary inquiries and investigations in order to complete 'g^^^^^^eations, 
every such identification, and they shall not enter in the 
annual register the name of a person objected to by 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 the 
current annual register the name of every other person, 
whose qualifications as a voter have l)een determined by 
them in the current year, and whose name has accordingly 
been entered in the general register. The registrars shall 
also annually, before the first day of May in each year, 
transmit to the assessors a list of the women whose names 
are contained upon the register of voters, together with 
their residences as they appear on the register of the pre- 
ceding year. 

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

Apjjroved April 17 ^ 1894. 



256 Acts, 1894. — Chap. 269. 



QJian.^QQ An Act to tkovide for the fkevention and abatement of 

NUISANCES AND FOR THE PRESERVATION OF THE rULJLIC HEALTH 
IN THE CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

City council Section 1. The city council of the city of Medford 

grade for cellars, iiiay by Ordinance, subject to the approval of the mayor, 
establish a grade or elevation for the bottom of the cellar 



dQTo mi an q „ 



or Ixisement cellar of every building thereafter constructed 
within any section or part of said city for which a common 
sewer is laid out ; and by such ordinance may provide 
that the bottom of every cellar or basement cellar of every 
building thereafter constructed within such section or part 
of said city shall be so constructed that the grade or eleva- 
tion of the bottom thereof shall be at least at a certain 
grade or elevation above the crown of the common sewer 
laid out for such section or part of said city. 
ooTupantTfo Sectiox 2. If any person constructs, uses or occu- 

compiy ; powers pjes auy Cellar in violation of any ordinance of said city, 

tXUCl dutiGs of X «/ «/ «/ ' 

omcers, etc. adoptcd uudcr the authority of section one of this act, the 
board of aldermen of said city may, subject to the approval 
of the mayor, order the owner or occupant of such cellar 
to so alter and construct it as to conform to the require- 
ments of said ordinance ; and if such owner or occupant 
fails to comply with the order within ten days after service 
thereof, as provided by the following section, said board 
of aldennen may so alter such cellar ; and all necessary 
expenses incurred thereby shall be a lien upon the land 
wherein such cellar is constructed and the buildings upon 
such land, and may be collected and the city collector 
may purchase such laud or land and buildings in behalf 
of said city in the same manner as is provided by law for 
the collection of taxes upon real estate and in case of land 
sold for taxes. 

Written orders Section 3. All ordcrs uudcr the preceding section 

to be served, etc. ini i» -j.- ^ -i • -i 

shall be made in writing and served upon said owners or 
occupants or their authorized agents, as provided by sec- 
tion twenty-two of chapter eighty of the Public Statutes 
Proviso. £qj. ^j^q service of orders of the board of health : provided, 

however, if the premises are unoccupied and the residence 
of the owner or agent is unknown or without the Com- 
monwealth, the order may be served by posting an attested 
copy of the same on the premises and by publishing the 
same in one or more newspapers in such manner and for 



Acts, 1894. — Chap. 269. 257 

such length of time as said board of aldermen shall direct ; 

and the supreme iudicial court or any iustice thereof, in Provisions may 

1 ,• Z- ^ • - J •' ii -i be enforced by 

term tniie or vacation, may, by injunction or other suit- injunction, etc. 
able process in equity, restrain any person or corporation 
from constructino;, using or occupying any cellar in viola- 
tion of the provisions of such ordinance, and may enforce 
the provisions thereof, and may order and enforce the 
abatement or alteration of any cellar constructed, used or 
occupied in violation thereof, so as to comply with said 
provisions. 

Sejtiox 4. The board of aldermen of said city may May order 
from time to time, subject to the approval of the mayor, fa'^ads raised.''"^ 
order the owners of land in any section of said city, the 
surface of which is below the grade of thirteen feet above 
mean low water, or any of such owners, to raise the grade 
of their said lands or any portion thereof by filling up the 
same with good material to a grade not less than thirteen 
feet above mean low water, and to raise the grades of all 
or any private streets, courts and ways upon their said 
lands by tilling up the same with good material to a grade 
not less than sixteen feet above mean low water, with ref- 
erence to a complete drainage thereof, so as to abate and 
prevent nuisances and to preserve the public health of the ' 
city. And hereafter no private street, way or court shall 
be constructed upon any lands at a grade of less than six- 
teen feet above mean low water, except upon license first 
obtained therefor from the board of aldermen of said cit}', 
which license shall be revocable at any time. 

Section 5. All orders under the preceding section citytoactin 
shall be made and served as prescribed in section three orowner^to""^* 
of this act, and if the owner of any such land fails to «=°'^P'y- 
comply with any such order within six months after such 
service thereof, the board of aldermen of said city may 
raise the grade of his said lands, and the private streets, 
ways and courts thereon, filling up the same with good 
materials to the grade authorized by the preceding section 
and specified in the order ; and all necessary expenses in- 
curred thereby shall be a lien upon the lands so filled, 
and a lien equally upon the lands abutting upon either 
side of any private street, court or way so filled, and a 
lien upon all buildings upon such lands, and may be col- 
lected and the collector may purchase such land or land 
and l)uildings in behalf of the city in the manner provided 
in section two of this act for collecting the expenses 
therein named. 



253 



Acts, 1894. — Chap. 269. 



AsBesBmenta 
may be appor- 
tioned, etc. 



AsBeBsmcDts 
may be revised 
by jury. 



Persons dissat- 
isfied may give 
notice to mayor 
and aldermen, 
etc. 



Section 6. If the owner of any estate so assessed for 
such expenses desires to have the amount of said assess- 
ment apportioned, he shall give notice thereof in writing 
to the board of aldermen of said city at any time before 
a demand is made upon him for payment thereof, or at 
any time not exceeding thirty days after such demand, and 
said board of aldermen shall thereupon apportion the said 
amount into three equal parts, which apportionment shall 
be certified to the assessors of said city, and the said 
assessors shall each year for three years then next ensu- 
ing, in addition to the annual tax on said estate, include 
in their warrant to the collector one of said equal parts 
with the interest thereon from the date of said apportion- 
ment, which part shall be collected and the lien therefor 
enforced in the same manner, with like charges for cost 
and interest, and with the same right in the collector to 
purchase such land in behalf of the city as is provided by 
law in the case of the collection of taxes upon real estate. 

Section 7. Any person entitled to any estate in any 
land the grade of which shall be raised under section five 
of this act, who is dissatisfied with the assessment of the 
expenses of raising the grade of his land, and any owner 
of the land who is dissatisfied with the asses^sment of 
expenses under section two of this act, may, within six 
months after receiving notice of such assessment, make 
complaint to the county commissioners of the county of 
Middlesex. Said commissioners shall thereupon order a 
jury, who may revise such assessments, in the manner 
prescribed in chapter forty-nine of the Public Statutes in 
cases where persons are aggrieved by the assessment of 
damages by selectmen. If the assessment is reduced the 
legal charges arising on such complaint shall be paid by 
the city, otherwise by the complainant. 

Section 8. Instead of making such complaint, any 
person dissatisfied with the assessment of the expenses of 
raising the grade of his said land may give notice thereof 
to the mayor and aldermen of said city within sixty days 
after he receives notice of such assessment, and the city 
shall thereupon take his said land, and shall within sixty 
days thereafter file in the office of the registry of deeds 
for the southern district of the county of Middlesex a 
description of the land so taken, as certain as is required 
in a common conveyance of land, together with a state- 
ment that the same is taken pursuant to the provisions of 



Acts, 1894. — Chap. 270. 259 

this act, which descriptioa and statement shall be signed 
by the mayor of the city, and the title to lands so taken 
shall vest absolutely in the city. 

Section 9. If any person whose land is taken under Damages, 
the preceding section agrees with the city as to the 
damages sustained by him by reason of such taking, 
making due allowance for the improvement in raising the 
grade of such land, the same shall be forthwith paid to 
him by the city. If any such person shall not so agree 
he may at any time, within six months from the filing 
of such descriptioa and statement, apply to the county 
commissioners of the county of Middlesex, as provided 
in section seven of this act, for a jury to determine such 
damages, making due allowance for the improvement by 
raising the grade of such land, and the proceedings shall 
be as provided in said section. The damages awarded by 
the jury shall be paid by the city, and if the damages are 
increased above the sum before oflered by the city, all 
legal charges arising on such application shall be paid by 
the city, otherwise by the applicant. 

Section 10. The city shall raise the grade of all city to raise 

o firrfiQG of ccrtsiTi 

public streets bordering upon any land the grade of which streets. 
is ordered to be raised under this act, filling up such 
streets with good materials to a grade not less than six- 
teen feet above mean low w^ater. 

Section 11. This act shall not be construed as in any Not to exempt 
way exempting said city from any obligation it would obUgaUonsT ^'° 
otherwise be under to make compensation to the owners 
of lands abutting upon or near to any land or street filled 
hereunder, or for an injury done or caused to the lands 
of such owners under any order or proceeding hereunder. 

Section 12, This act shall take efifect upon its passage. 

Approved April 17, 1894. 



An Act relative to the treatment of persons held in jail 
AS witnesses. 



Chap.270 



Be it enacted, etc., as follows: 

Section 1. The commissioners of prisons shall make Treatment of 
special rules from time to time governing the treatment falilTs'^unesse^s. 
of persons held in jails as w^itnesses, for the purpose of 
securing such clear distinction and separation from other 
prisoners as shall be possible, consistent with their safe 
custody and the prevention of tampering with their testi- 



260 



Acts, 1894. — Chap. 271. 



Removal of 
wituessea. 



mony. Such rules shall have relation to the diet to be 
furnished, the size of cells, the amount of liberty and 
exercise to be given, correspondence and visits, and such 
other matters as said commissioners shall consider neces- 
sary. 

Section 2. Said commissioners, with the approval of 
the district attorney, may remove any such witness from 
the jail in which he is confined to a jail in another county, 
and shall, at the request of the district attorney, cause 
such witness to be returned to the jail from which he was 
removed. The proceedings in case of any such removal 
shall be the same as are now provided by law in case of 
the removal of other prisoners from one jail or house of 
correction to another. The cost of support of a person 
so removed and the cost of both removals shall be paid 
by the county from which he is removed. 

Section 3. This act shall take efl'ectupon its i:)assage. 

Approved April 17, 1894. 



Chap.271 



1893, 4X7, § 37, 
amended. 



Sessions of 
registrars of 
voters in cities. 



An Act relative to sessions of kegistraks of voters. 

Be it enacted, etc., as foUoics: 

Section 1. Section thirty-seven of chapter four hun- 
dred and seventeen of the acts of the year eighteen hun- 
dred and ninety-three is hereby amended by striking out 
the words " Saturday next but one", in the seventh line, 
and in the eighth and ninth lines, and inserting in place 
thereof, in each case, the words : — twentieth day, — also 
by striking out the words " Tuesday next but one", in the 
eighteenth line, in the twenty-first line, in the twenty- 
fourth and twenty-fifth lines, and in the twenty-sixth line, 
and inserting in place thereof, in each case, the words : — 
twentieth day, — so as to read as follows : — /Section 37. 
The registrars of voters, in eveiy city, except the city of 
Boston, shall hold such day and such evening sessions 
as the city may by ordinance prescribe, and such other 
sessions as. they shall themselves deem necessary ; and 
they shall in every year hold a continuous session from 
twelve o'clock, noon, until ten o'clock in the evening on 
the twentieth day preceding the annual state election, and 
a like continuous session on the twentieth day preceding 
the annual city election in every such city. The registrars 
of voters in the city of Boston shall hold such day sessions 
as the said city may by ordinance prescribe, and such ad- 



Acts, 1894. — Chap. 271. 261 

ditional sessions as they shall themselves 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 twen- 
tieth day preceding the annual state election, and the same 
number of like sessions in the period succeeding the annual 
state election and ending with the twentieth day preceding 
the annual city election in said city ; and they shall hold 
at their principal office a continuous session, from nine 
o'clock in the morning until ten o'clock in the eveninof, 
on the twentieth day preceding the annual state election, 
and a like continuous session on the twentieth day preced- 
ing the annual city election in said city. 

Section 2. Section foi-ty of said chapter is hereby isqs, 4i7, § 4o, 
amended by striking out the words "except the city of ^"'^''^^^• 
Boston", in the tirst line, also by striking out in the third 
line, the words " Saturday next but one", by striking out 
in the seventh line, the words " Saturday next but one", 
and inserting- in place thereof, in each case, the words : — 
twentieth day, — by striking out after the word "held", 
in the ninth line, the following words "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 
likewise cease at ten o'clock in the evening on the Tues- 
day next ])ut one preceding the annutd city election, and 
be discontinued thenceforth until the election shall have 
been held", and by striking out in the eighteenth and 
twenty-second lines, the words "Wednesday next", and 
inserting in place thereof, in each case, the words : — 
Saturday next but one, — so as to read as follows: — 
Section 40. In every city registration shall cease at ten when registra. 
o'clock in the evening on the twentieth day preceding the 
annual state election, and shall 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 twentieth day preceding the annual city election in 
such city, and be discontinued thenceforth until the elec- 
tion shall have been held. In every town registration shall 
cease at ten o'clock in the evening on the Saturday next 
but one preceding the annual state election, and be dis- 
continued from that date until the election shall have been 



tion shall cease. 



262 



Acts, 1894.— Chap. 271. 



1893. 417, § 49, 
amended. 



Evidence of 
resideoce. 



Persons not 
assessed a poll 



held ; and registration shall likewise cease at ten o'clock 
in the evening on the Saturday next but one preceding 
the annual town meeting, and be discontinued thenceforth 
until the election shall have been held. 

Section 3. Section forty-nine of said chapter is hereby 
amended by striking out in the first line, the words "If 
an", and inserting in place thereof the word : — Every ^ — 
also by striking out in the same line, the word " presents ", 
and inserting in place thereof the words : — shall present, 
— also by inserting in the fifth line, after the word "May ", 
the word: — and, — also by striking out all of said sec- 
tion after the word "residence", in the sixth line, — so 
as to read as follows : — Section 49. Every applicant for 
registration shall present a certificate from the assessors 
or a tax bill or notice from the collector of taxes, showing 
that he has been assessed for a poll tax as a resident of 
the cit}" or town on the preceding first day of May, and 
the same shall be received by a registrar as prima facie 
evidence of such residence. 

Section 4. A person who has not been assessed a poll 
tax may appear fax by the asscssoi's on the first day of May, in order to 
ors, etc. establish his right to be assessed, shall appear before the 

board of assessors, accompanied by two- witnesses who 
shall testify under oath that they are registered voters of 
the ward or town in which he desires to be assessed, and 
who shall also testify under oath to the truth of the state- 
ment of the applicant in regard to his right to be assessed 
at the place claimed by him as a legal residence on the 
first day of May. The assessors shall hold such day and 
such evening sessions as shall be necessary to carry out 
the provisions of this section. The assessors shall, in a 
book provided for that purpose, enter the name and resi- 
dence of each person thus assessed, and also, opposite 
each name, the names, occupations and residences of the 
parties who have testified under oath as above provided. 
In every place where voters are registered, the registrars, 
and in every place where oaths are administered under 
section four of this act, the assessors, shall post in a 
conspicuous place a copy of sections three hundred and 
fifteen and three hundred and sixteen of chapter four hun- 
dred and seventeen of the acts of the year eighteen hun- 
dred and ninety-three, printed on white paper with black 
ink, in type not less than one quarter of an inch wide. 
1893, 417, §56, Section 5. Scctiou fifty-six of said chapter is hereby 

amended. "^ x ./ 



Acts, 1894. — Chap. 272. 263 

amended by striking out all of said section after the word 
' ' therein ", in the fourth line, — so as to read as follows : — 
Section 56. The registrars of voters shall promptly trans- Notices to 
mit to the assessors of the city or town notice of every 
error which they shall discover in the name or residence 
of a person assessed therein. 

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

Approved April 18, 1894. 



assessors. 



CJiapJll^ 



An Act to authorize the lowell and suburban street 
raila\^ay company to extend its tracks and to supri.y 
electricity. 

Be it enacted, etc., as follows: 

Section 1 . The Lowell and Suburban Street Railway May extend 

r-i • 1 1 j_i • 1 1 1 J its tracks, etc. 

Company is hereby authorized and empowered to con- 
struct, maintain and use its railway in such of the high- 
ways or town ways of the towns of Westford, Bedford, 
Burlington and Wilmington, from the boundary line be- 
tween Tewksbury and Andover, easterly to Haggetts pond, 
over the highway which runs fi'om Lowell to Andover and 
is a continuation of Andover street in Lowell, as locations 
therefor may hereafter fi*om time to time be granted by the 
boards of selectmen of said respective towns. 

Section 2. Said Lowell and Suburban Street Railway Motive power, 

Ci ■, ii • 1 1 1 J. 1 poles, -wires, etc. 

ompany is hereby authorized and empowered to supply 

electricity for a motive power for street railway purposes, 

in any city or town in which said company is or may be 

authorized to locate its said railway, and for said purpose 

of supplying electricity as a motive power, to construct 

and maintain poles, trolley wires, stay wires and other 

devices for conducting electricity in such of the streets, 

highways or town ways of any of said cities and towns 

whereon it may be authorized so to do respectively by the 

boards of aldermen of said cities or the selectmen of said 

towns. 

Section 3. All locations and rio;hts heretofore o-ranted Locations and 

. '- . - ~ rights ratinea, 

to said Lowell and Suburban Street Railway Company, etc. 
or to any corporation which it may have acquired under 
authority of law, by the board of aldermen of the city of 
Lowell, and the selectmen, respectively, of the towns of 
Dracut, Chelmsford and Billerica are hereby ratified and 
confirmed and shall be deemed and taken to have been 
duly granted under authority of law. 

Approved Aj^ril 18, 1894. 



264 



Acts, 1894. — Chaps. 273, 274, 275. 



Chdp.^l^ An Act to pkohiiut the transportation of male and female 

PRISONERS TOGETHER. 

Be it enacted, etc., asfoUoivs: 
o/mafe°ami'°" Section 1. No ofEcer liaviug the custody or control 
to'"efhi'r"To°^" ^^ prisoners shall permit male and female prisoners to be 
transported together to or from a court in a van or other 
carriage, within cities having more than thirty thousand 
inhabitants according to the last state census. 

Sectiox 2. Whoever violates the provisions of this act 
shall 1)e punished by a tine not exceeding twenty dollars. 

Approved April 18, 1894. 



hibited. 



Penalty. 



(JJiap.274: ^^ ^^^ RELATIVE TO REAL ESTATE HE: 

AND TRUST COMPA 



HELD BY SAFE DEPOSIT, LOAN 
NIES. 



1888, 413, § IS, 
amended. 



May hold real 
estate not ex- 
ceeding twenty- 
five per cent, 
of ita capital. 



Not to affect 
investnients 
previously 
made, etc. 



Be it enacted, etc., as foUotvs: 

Section 1. Section eighteen of chapter four hundred 
and thirteen of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by adding at the end 
thereof the following words : — Xo Such investment shall 
be made in real estate v/hich is subject to mortgage, nor 
shall the whole amount so invested, including the cost of 
any alterations in any building, or any additions thereto 
in the nature of permanent fixtures, exceed the sum above 
limited, — so as to read as follows : — Section 18. Such 
corporation may hold real estate suitable for the transac- 
tion of its business to an amount not exceeding twenty- 
five per cent, of its capital, and in no case to exceed two 
hundred and fifty thousand dollars. No such investment 
shall be made in real estate which is subject to mortgage, 
nor shall the whole amount so invested, including the cost 
of any alterations in any building, or any additions thereto 
in the nature of permanent fixtures, exceed the sum above 
limited. 

Section 2. This act shall take eftect upon its passage : 
provided, that nothing herein contained shall require any 
trust company to change any of its investments made 
before the passage of this act. Approved April 18, 1894. 



Ch€ip.2i75 ^^ ^^'T RELATIVE TO COUNTING IJALLOTS WHILE VOTING IS IN 

PROGRESS. 

Be it enacted, etc., as follows: 

aSendld.^ ^^^' Section 1 . Scction one hundred and fifty of chapter 
four hundred and seventeen of the acts of the year eight- 



Acts, 1894. — Chap. 275. 265 

een hundred and ninety-three is hereby amended by insert- 
ing in the thirty-tirst line, after the word "towns", the 
words : — and cities of less than one hundred thousand 
inhabitants, according to the last national or state census, 
— also by inserting in said thirty-tirst line, after the word 
"opened", the words: — between the hours of one and 
two o'clock in the afternoon, — also by striking out in the 
thirty-seventh line, the words " of the town", and insert- 
ing in place thereof the words: — When the ballots have 
been thus removed, before the voting has ceased, the warden 
of the precinct in cities and in towns divided into voting 
precincts shall select from the precinct otficers' an equal 
number from each of the two leading political parties, 
who shall canvass the votes thus removed from the ballot 
box ; but they shall count only those where the voter has 
not voted for all the candidates nominated by one polit- 
ical party, and shall leave all straight i)arty tickets to be 
counted after the polls have been closed. The above 
counting shall be done in accordance with the provisions 
of section one hundred and seventy-two of this act. But 
no announcement of the result of the canvass and count- 
ing of votes thus removed from the ballot box shall be 
made by any precinct officer until the total result of the 
canvass and counting of votes has been ascertained, as 
provided in said section one hundred and seventy-two, — 
so as to read as follows : — Section 150. The state ballot state baiiot 

1 r- "IT- 1 -jiji •• f ,^ • boxes to be used, 

boxes, turnished in accordance with the provisions ot this etc. 
act, shall be used for receiving the ballots 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 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 the Commonwealth, or of any city or town. The elec- To be shown 
tion officers at each polling place shall, at the opening opeuingofpoiis. 
of the polls, and before any ballots are received, publicly 
open the ballot box, and ascertain by personal examina- 
tion, and publicly show that the same is empty, and shall 
immediately thereafter lock or fasten the box. The clerk Record, custody 
of the precinct or town shall make a record of the condi- ° ^^' 
tion of the box register, and, if a key is used, it shall be 



266 Acts, 1894. — Chap. 275. 

taken and retained by the police officer or constable in at- 
tendance at the polling place. The ballot box shall not, 
after it is shown to be empty, be removed from public 
view until all Ijallots have been removed therefrom and 
biifot bos^e- ^^^ box has been relocked or sealed. No ballot shall be 
movaiofb'aiiots, rcuioved tVom the ballot box while the polls are open, and 
the ])ox 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 })allots therein, and except further that, 
both in towns and precincts of towns, and cities of less 
than one hundred thousand inhabitants, according to the 
last national or state census, the ballot box may be opened 
between the hours of one and two o'clock in the afternoon, 
and ballots taken therefrom for counting, whenever it is 
deemed necessary or advisable so to do in the unanimous 
judgment of the selectmen and town clerk, or in the judg- 
ment of both the moderator and town clerk of the town, 
as the case may be, or in the unanimous judgment of the 
Canvass of elcctiou officcrs of tlic votiug precinct. When the ballots 
votes, etc. havc been thus removed, before the voting has ceased, the 

warden of the precinct in cities and in towns divided into 
voting precincts shall select from the precinct officers an 
equal numljer fi'om each of the two leading political par- 
ties, who shall canvass the votes thus removed ft-om the 
ballot box; but they shall count only those where the 
voter has not voted for all the candidates nominated by 
one political party, and shall leave all straight party tick- 
ets to be counted after the polls have been closed. The 
above counting shall be done in accordance with the pro- 
visions of section one hundred and seventy-two of this 
Result not to be act. But uo announcement of the result of the canvass 
and counting of votes thus removed from the l)al]ot box 
shall be made by any precinct officer until the total result 
of the canvass and counting of votes has 1)een ascertained, 
as provided in said section one hundred and seventy-two. 
The presiding officer of each polling place of a city and 
town shall have charge of the ballot box and l)allot box 
seal, and shall, at the close of each election, return the 
same, either personally or by the hand of the police offi- 
cer or constable in attendance at the polling place, to the 
city or town clerk. If for any cause it shall become im- 
possible at any such election, or in taking any such vote, 



Acts, 1894. — Chaps. 276, 277, 278. 267 

to use the state ballot box, the voting shall proceed in 
such manner as the presiding officer of such polling 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 envelope with the l)allot8 cast at such election or in 
taking such vote. The foregoing provisions as to the use 
and custody of the state ballot box shall, so far as appli- 
cable, apply to the ballot box substituted therefor. 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Ax)proved April 18, 1894. 

An Act jjelative to the appointment of assistant assessoks Q7ictr},27G 

IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. In the city of Boston the assistant as- Assistant 
sessors shall be appointed in equal numbers from the two Bost^on" 
leading political parties, for each grade of assistant, and 
shall be assigned to the various assessment districts so 
that the assistant assessors assigned to any district shall 
equally represent such parties. 

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

Ajyproved April 18, 1894. 

An Act authorizing the town of south hadley to use its ni^f^^^ 277 

SINKING FUND AS THE INHABITANTS MAY BY VOTE DIRECT. -^ 

Be it enacted, etc., as follows : 

Section 1. The town of South Hadley is hereby au- Authority to 
thorized to take, own, control and use the money now "uud!"'''"^ 
constituting the sinking fund for the payment of the loan 
to Fire District Number One of the town of South Hadley, 
as the inhabitants from time to time, in town meeting 
assembled, may by vote direct. 

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

Approved April 18, 1894. 



Chap.27S 



An Act to extend the time w^ithin w^hich certain debts 
incurred by the town of brookline may be made pay- 

A BLE. 

Be it enacted, etc., as follows: 

Section 1. The town of Brookline is hereby author- Timeof pay- 

.Ti J. J.' iij.j.j.1 1 i»ii ment of certain 

ized, w^hen contracting debts tor the purchase oi school debts extended. 



268 Acts, 1894. — Chap. 279. 

lots, for the construction of school buildings, and for the 
laying out, locating anew, altering or widening of ways 
in said town, to make all such debts payable within a 
period not exceeding twenty years. 

Section 2. This act shall take efl'ect w^hen accepted 
by the town of Brookline. Approved April IS, 1894, 

Chcip.27Q An Act relative to military aid. 

Be it enacted, etc., as folloios : 

Military aid. Section 1. Any city or town may raise money and 

under the direction of its mayor and aldermen or se- 
lectmen may, under the following conditions, pay sums 
thereof to, or expend them for, any worthy person who 
shall have the description and qualifications of the first 
class of persons described in section two, or of the second 
class described in section three, or of the third class de- 
scribed in section four, or of the fourth class described in 
section live of this act, as military aid. 

First ciasB. Sectiox 2. Each person of the first class shall be quali- 

fied as follows : — 

First. He shall have his settlement under the pauper 
laws in the city or town aiding him. 

Second. He shall have served as a soldier, sailor or 
commissioned officer in the army or navy of the United 
States to the credit of this Commonwealth during the war 
of the rebellion ; or in such army or navy to the credit 
of any other state, l^etween the nineteenth day of April 
in the year eighteen hundred and sixty-one and the eight- 
eenth day of March in the year eighteen hundred and 
sixtj'-two, having Ijeen a resident of this Commonwealth 
actually living therein at the time of his enlistment ; or 
in such army or navy in one of the volunteer military 
organizations of this Commonwealth known as three 
months' men, ninety days' men, or one hundred days' 
men, mustered into the United States service in one of 
the months of April, ]\Iay, June or July in the year 
eighteen hundred and sixty-one, or April, May, July or 
August in the year eighteen hundred and sixty-four ; or 
in such army or navy, having been mustered into the 
service of the United States at some time between the 
first day of May and the first day of Octol)er in the year 
eighteen hundred and sixty-two, while having a residence 
and actually living in this Commonwealth, and while be- 



Acts, 1894.— Chap. 279. 269 

ing a member of one of the military organizations of the 
Massachusetts vokmteer militia known as the Boston ca- 
dets, the Salem cadets, the eighth batter}^ of light artil- 
lery, or company B of the seventh regiment of infantry ; 
or in such navy, being one of the persons since included 
in the list of officers, sailors and marines prepared by the 
adjutant general in accordance with chapter fifteen of the 
resolves of the year eighteen hundred and seventy-five 
and chapter eight of the resolves of the year eighteen 
hundred and eighty, and having been appointed or mus- 
tered into and served in such naval service of the United 
States while an actual resident of this Commonwealth ; 
or who served in the regular army of the United States 
during the w^ar of the rebellion, having been appointed 
or enlisted in said army while a citizen of this Common- 
wealth, having a residence and actually residing therein. 

Third. He shall have l>een honorably discharged from 
such United States service and from all appointments and 
enlistments therein. 

Fourth. He shall l^e a poor and indigent person, stand- 
ing in need of relief by reason of sickness or other phy- 
sical disability, who w^ould otherwise be entitled to relief 
under the pauper laws. 

Fifth. He shall not be, directly or indirectly, in the 
receipt of any other state or military aid, or any pension 
for services or disabilities incurred in said war. 

Sixth. He shall not be entitled, under the laws of the 
United States or under the rules governing such institu- 
tions, to admission to any national soldiers' or sailors' 
home, and his disability must have arisen from causes 
independent of his service aforesaid, except in such cases 
of applicants for pensions, while their applications are 
pending, as the mayor and aldermen or selectmen are 
satisfied upon evidence, first reported to the commis- 
sioners of state aid and satisfactory to them, that justice 
and necessity require such aid to prevent actual suffering, 
and in case of such unmarried applicants that they cannot 
obtain assistance at a national soldiers' or sailors' home. 

Section 3. Each person of the second class shall have Second eusa. 
his settlement under the pauper laws in the city or town 
aiding him and be further qualified as follows : He shall 
be an invalid pensioner and entitled to receive state aid 
under the provisions of an act entitled, " An act providing 
for the payment of state aid", of the acts of the current 



270 



Acts, 1894. — Chap. 279. 



Third claBS. 



Fourth class. 



Aid to those of 
third and fourth 
classes to be 
ordered by 
commissioners. 



Not compelled 
to receive aid 
■withoutconsent, 



year, whose pension and state aid shall be inadequate for 
his relief, and who would otherwise receive relief under the 
pauper laws ; but while actually aided under such chapter 
he shall not receive aid under this act. 

Section 4. Each person of the third class shall have 
all the qualifications recited in section two for persons of 
the first class, except settlement under the pauper laws ; 
but in lieu of such settlement he shall be an actual resi- 
dent of the city or town aiding him, and his residence 
therein shall have been continuous during the three years 
last preceding his receipt of aid under this chapter. 

Section 5. Each person of the fourth class shall have 
all the qualifications recited in section three for persons 
of the second class, except settlement under the pauper 
laws ; but in lieu of such settlement he shall be an actual 
resident of the city or town aiding him, and his residence 
therein shall have been continuous during the three years 
last preceding his receipt of aid under this chapter. 

Section 6. No city or town shall render aid under 
this act to any person of the third or fourth classes with- 
out first obtaining from the commissioners of state aid, 
after furnishing them such evidence as they may require 
that the person to receive aid is entitled thereto as may be 
ordered, an order fixing the maximum amount per week 
within which payments may be made, the period during 
which aid may be allowed, and stating such other condi- 
tions as they may impose relative to such aid ; which 
order may be revoked or modified by such commissioners 
by giving written notice to the city or town procuring it. 

Section 7. No person shall be compelled to receive 
aid under this act without his consent. No person receiv- 
ing aid under this act shall receive aid under the provisions 
of an act entitled, " An act providing for the payment of 
state aid ", of the acts of the current year. Any person 
receiving aid under this act may be required by the mayor 
and aldermen or the selectmen granting him the same, or 
by the commissioners of state aid, as a condition of grant- 
ing such aid, to pay over his pension to said mayor and 
aldermen or selectmen, to be expended for his relief be- 
fore he shall receive such aid. No person shall be required 
to receive the relief or support furnished under this act 
in any almshouse or public institution, unless his physical 
or mental condition requires it, or he chooses to do so ; 
and except in such cases it shall be paid to or expended 



Acts, 1894. — Chap. 279. 271 

for only those persons who live separately from persons 
receiving support as paupers. No person shall be eligible 
to receive aid as a worthy person under this act who shall 
have been dishonorably discharged from any national sol- 
diers' or sailors' home, or from the soldiers' home in Mas- 
sachusetts, unless the commissioners of state aid, after 
hearing, shall decide otherwise. 

Section 8. All aid furnished under the provisions of Aid to be 

, IT applied solely 

this act shall be applied solely tor the benefit of the per- for benefit of 
son for whom it is intended, and no greater sum shall be ^^^ ^^^^ ' 
paid to or for any person under this act than shall be 
necessary to furnish him reasonable relief or support ; 
and no sum shall be paid to or for any person competent 
to support himself, or in receipt of income or in owner- 
ship of property sufficient for his own support, nor to or 
for any person more than is necessar}^ in addition to his 
income and property, for his personal relief or support. 
And no relief shall be given under this act to or for any 
person whose necessity therefor is caused by voluntary 
idleness or who is known to be in the practice of vicious 
and intemperate habits. Municipal authorities granting 
aid under this act shall from time to time after its original 
allowance make such investigation into the necessities of 
the person aided and the facts of his case, and any change 
thereof, as to preclude any payment of aid contrary to the 
terms of this act. 

Section 9. The auditor of the Commonwealth, the commisgioners 
adjutant general, and some competent third person ap- ° 
pointed by the governor and council with a salary to be 
fixed by them, not exceeding twenty-five hundred dollars 
per annum, who shall devote his whole time to the duties 
of his otfice, shall be commissioners of state aid, and shall 
perform the duties required of such commissioners under 
the laws relating to state and military aid. Said com- 
missioners shall investigate all payments of money under 
any and all such laws, so far as the interests of the Com- 
monwealth may require. 

Section 10. When any sum shall have been expended f^cTto'tTe^ce^r'tu 
under and accordinoj to this act, the full amount so ex- fied'to commie- 

/•! • • J.^ J Bioners under 

pended, the names of the persons receiving the same, and oath. 
the names of the companies and regiments or vessels, if 
any, in which they respectively enlisted, and in which 
they last served, the sums received by each, and the rea- 
sons for the expenditure in each case, with such other 



272 



Acts, 1894. — Chap. 279. 



by the Common 
■wealth. 



details as the commissioners of state aid may require, 
shall be certitied under oath to said commissioners in a 
manner approved hy them, by the mayor, treasurer and 
city clerk of any city, or by a majority of the selectmen 
of any town disbursing the same, within ten days after 
the first day of the month next after the expenditure is 
made ; and the commissioners of state aid shall examine 
the certificates thereof and allow and indorse upon the 
same such sums as in their judgment haye been paid and 
reported according to this act, and thereupon file the same 
with the auditor. In the allowance of said commissioners 
they may consider and decide upon the necessity of the 
amount paid in each case, and they may allow any por- 
tion thereof which they may deem proper and lawful, and 
which, in cases of payment to or for persons of the third 
or fourth classes, they shall also find to have been made 
Reimbursement accordiug to their orders. Of the sums so allowed and 
indorsed by the conmiissioners, one half and no more of 
all payments made to or for persons of the first and sec- 
ond classes, and the whole of all payments made to or for 
persons of third and fourth classes, shall be reimbursed 
by the Commonwealth to the town or city expending the 
same, on or before the first day of December in the year 
next after the year in which the same have been paid. 
Said commissioners, with the approbation of the governor, 
may appoint, as occasion may require, one or more dis- 
interested persons, whose duty it shall be to investigate 
any claim or claims made against the Commonwealth for 
reimbursement, who may examine an}^ persons receiving 
relief under this act and investigate the reasons therefor, 
and all matters relating to the granting of such relief, 
and who shall report their doings to said commissioners. 
The reasonable expenses of the commissioners and ex- 
penses and compensation of such disinterested person or 
persons, approved by said commissioners and allowed by 
the governor and council, shall be paid from the treasury 
of the Commonwealth. 

Section 11. Chapter two hundred and seventy-nine 
of the acts of the year eighteen hundred and eighty-nine, 
entitled, ' ' An act relative to the payment of military aid " 
is hereby repealed : l)ut the provisions of this act shall be 
construed, so far as they are the same as those of existing 
laws, as a continuation thereof. And all special acts and 
resolves authorizing the payment of military aid to indi- 



Expensee of 

commissioners, 

etc. 



Repeal. 



Acts, 1894. — Chap. 280. 273 

viduals under said chapter, and which by the terms of 
said chapter would expire on the firj^t day of January in 
the year eighteen hundred and ninety-five, shall be con- 
tinued in force, so far as they relate to the payment of 
military aid, and such aid may be paid under them on 
the terms of this act provided for the respective classes to 
which the beneficiaries belong according to this act, until 
the first day of January in the year nineteen hundred and 
no longer : jjrovided, that no such sj^ecial act or resolve Proviso. 
shall be so continued in force, nor shall aid be paid by 
reason of the same, which would otherwise expire by the 
limitation of its own provisions. Chapter eighty-four of 
the resolves of the year eighteen hundred and ninety-two 
is hereljy repealed so far as it makes any person eligible 
to receive military aid. 

Section 12. The provisions of this act shall continue To be in force 
in force until the first day of January in the year nineteen mo, ^^' ' 
hundred and no longer, except such provisions as relate 
to settlement of accounts for payment of aid rendered by 
cities and towns previous to said date, and reimbursement 
thereof, which provisions shall continue in force one year 
only after said date. But the expiration of this act shall 
not be held to revive any act or resolve or any part 
thereof in this act repealed. No special act or resolve 
now in force or hereafter passed granting military aid to 
persons therein named, payable under this act, shall con- 
tinue in force after the date first named in this section, 
unless otherwise expressly provided. 

Section 13. This act shall take effect on the first day to take effect 
of June in the year eighteen hundred and ninety-four. "^"""^ ^' ^^^'^' 

Approved April IS, 1894. 



Cha2J.280 



An Act kelatixg to the ixspection axd sale of imitation 

BUTTEK. 

Be it enacted, etc., as folloivs: 

Section 1 . Section three of chapter three hundred and i^^e, sn, § 3, 

/> ^ /•! -ij 111 1 amendea. 

seventeen 01 the acts or the year eighteen hundred and 
eighty-six is hereby amended by inserting in the ninth 
line, after the word "creamery", the words: — or the 
name of any breed of dairy cattle, — so as to read as fol- 
lows : — Section 3. Whoever, by himself or his agents, Penalty for 
sells, exposes for sale, or has in his possession with intent lal,?!™"'^'' ""^ 
to sell, any article, substance or compound, made in imita- 



274 



Acts, 1894. — Chap. 280. 



1891, 412, § 1, 
amended. 



Sale of butter 
regulated. 



1891, 412, § 2, 
amended. 



Oleomargarine, 
etc., packages 
to be plainly 
marked when 
offered for sale. 



1891, 412, § 4, 
amended. 



tion or semblance of butter or as a substitute for butter, 
and not made exclusively and wholly of milk or cream, or 
containing any fats, oils or grease not produced from milk 
or cream, contained in any box, tub, article or package, 
marked or labelled with the word, — dairy, — or the word, 

— creamery, — or the name of any breed of dairy cattle, 
shall for every such offence forfeit to the city or town 
where the oflence was committed one hundred dollars, and 
for a second and each subsequent offence two hundred 
dollars. 

Section 2. Section one of chapter four hundred and 
twelve of the acts of the year eighteen hundred and ninety- 
one is hereby amended by inserting in the first line, after 
the word "Whoever", the words : — by himself or agents, 

— so as to read as follows: — Section 1. Whoever, by 
himself or agents, sells or offers for sale, to any person 
who asks, sends or inquires for butter, any oleomargarine, 
butterine or any substance made in imitation of or sem- 
blance of pure butter, not made entirely fi-om the milk 
of cows, with or without coloring matter, shall ])e declared 
guilty of fraud and punished by a fine of not less than one 
hundred dollars for each offence. 

Section 3. Section two of said chapter four hundred 
and twelve is hereby amended by inserting in the fifth 
line, after the word "upon", the words: — the exposed 
contents of, — and by inserting in the sixth line, before 
the word "placard", the word: — conspicuous, — so as 
to read as follows : — Section 2. Whoever exposes for 
sale oleomargarine, butterine or any substance made in 
imitation or semblance of pure butter, not marked and 
distinguished by all the marks, words and stamps required 
by existing laws, and not having in addition thereto upon 
the exposed contents of every opened tub, package or par- 
cel thereof a conspicuous placard with the word " oleo- 
margarine " printed thereon in plain, uncondensed gothic 
letters, not less than one inch long, shall be fined not less 
than one hundred dollars for each oflence. 

Section 4. Section four of said chapter four hundred 
and twelve is hereby amended by inserting in the first line, 
after the word " WTioever", the words : — by himself or 
agents, — and by inserting in the same line, after the word 
"sells", the words: — solicits orders for the future de- 
livery of, — and by striking out in the second and third 
lines, the words " upon the public streets or ways", so as 



Acts, 1894. — Chap. 280. 275 

to read as follows : — Section 4. Whoever, by himself ^be maVked' 
or aaents, peddles, sells, solicits orders for the future de- "licensed to seii 

f^ ,' 1 ' . - oleomargarine." 

livery ot, or delivers iroin any cart, wagon or other ve- 
hicle, oleomargarine, butterine or any substance made in 
imitation or semblance of pure butter, not having on both 
sides of said cart, wagon or other vehicle the placard in 
uncondensed gothic letters, not less than three inches in 
length, " licensed to sell oleomargarine ", shall be punished 
by a tine of not less than one hundred dollars or imprison- 
ment for not less than thirty days for each otfence. 

Section 5. Section nine of said chapter four hundred amended. ^^' 
and twelve is hereby amended l)y adding at the end of said 
section, the words : — Whoever hinders, obstructs, or in 
any way interferes with an officer or duly authorized agent 
of the dairy bureau in the performance of his duty, shall 
be punished by a fine of one hundred dollars for the first 
offence, and of two hundred dollars for each subsequent 
offence, — so as to read as follows: — Section 9. Said Jj° j'^J^f^^^'g^g^^' 
bureau and such agents and counsel as they shall duly wheVe dairy 

.O 1111 . 1 products are 

authorize for that purpose shall have access, ingress and soid, etc. 
egress to and from all places of business, factories, build- 
ings, carriages and cars, used in the manufacture and sale 
of any dairy products, or imitation dairy products, and 
shall have access to all vessels and cans used in such man- 
ufacture and sale, and shall have all the authority given 
l)y law to the state board of health and any officer thereof, 
and to the milk inspectors, in the enforcement of all laws 
relating to dairy products or imitations thereof, and in the 
prosecutions of violations of said laws. Whoever hinders. Penalty for 
obstructs, or in any way interferes with an officer or duly officer, etc. 
authorized agent of the dairy bureau in the performance 
of his duty, shall be punished by a fine of one hundred 
dollars for the first offence, and of two hundred dollars for 
each subsequent offence. 

Section 6. Section one of chapter fifty-eight of the i89i,58,§i, 
acts of the year eighteen hundred and ninety-one is herel^y 
amended by inserting in the third line, after the word 
" sale ", the words : — take orders for the future delivery 
of, — so as to read as follows: — Section 1. No person, Manufactiire or 

' inn ^"'^ °° imitation 

by himself or his agents or servants, shall render or man- butter. 
ufacture, sell, offer for sale, expose for sale, take orders 
for the future delivery of, or have in his possession with 
intent to sell, any article, product or compound made 
wholly or partly out of any fat, oil or oleaginous sub- 



276 Acts, 1894. — Chaps. 281,282. 

stance or compound thereof, not produced from unadul- 
terated milk or cream from the same, which shall be in 
imitation of yellow butter produced from pure unadulter- 
Proviso. ated milk or cream of the same : provided, that nothing 

in this act shall be construed to prohibit the manufact- 
ure or sale of oleomargarine in a separate and distinct 
form and in such manner as will advise the consumer of 
its real character, free from coloration or ingredient that 
causes it to look like butter. Approved April 18, 1894. 



Chctp.2Sl. -^ ^CT TO PROVIDE FOR AN ADDITIONAL DISTRICT POLICE OFFICER. 

Be it enacted, etc., as follows : 

^iftfict'poiice Section 1. The governor may appoint one district 

officer. police officcr in addition to the number now authorized by 

law. 
For southern Sectiox 2. Said officcr shall be appointed for the 

district. , I- 1 • 1 

southern district. 

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

Approved April 18, 1894. 



C7l(l'f).2S^ -^^ -^^^ "^^ AUTHORIZE THE TOWN OF DEERFIELD TO REFUND A 

PORTION OF ITS INDEBTEDNESS. 

Be it enacted, etc., as folloivs : 
May issue Section 1. The towu of Deerfield, for the purpose 

bonds, notes or /••!• • f • • • -tit 

scrip, etc. of reiuiiding a portion oi its existing indebtedness, may 

issue bonds, notes or scrip to an amount not exceeding 
fifty thousand dollars, payable within a period not exceed- 
ing ten years from the date of issue, and bearing interest 
payable semi-annually at a rate not exceeding four per 
cent, per annum. Said bonds may be sold at public or 
private sale, and the proceeds shall be used to discharge 
an equal amount of the existing indebtedness of said 
town. The provisions of chapter twenty-nine of the 
Public Statutes and of all acts in amendment thereof and 
in addition thereto shall in all other respects, so far as 
applicable, apply to the indebtedness authorized by this 
act and the securities issued hereunder. 

Section 2. This act shall take effect upon its passage. 
• Approved April 18, 1894. 



Acts, 1894. — Chaps. 283, 284. 277 



Ax Act to provide for a session of the superior court in /^3^^^ 9*^^ 

THE county of SUFFOLK FOR THE SPEEDY TRIAL OF CERTAIN "^ 

CAUSES. 

Be it enacted, etc., as foUoivs: 

Section 1 . The superior court shall hold in the county to hold sessions 
of Suftblk each month, except in the months of July, ofVe^am'^"^' 
August and September, a session for the speedy trial of '^""^e^- 
causes which have been according to law advanced for 
speedy trial, and of all causes which have been entered in 
said court on appeal from any inferior court, and of all 
causes in contract originally entered in said superior court 
where the debt or damages demanded does not exceed 
two thousand dollars, and of actions to enforce liens under 
chapter one hundred and ninety-one of the Public Stat- 
utes, and of all other causes where, in the opinion of a 
justice of said court, substantial justice and relief require 
a speedy trial, and shall cause a trial list of such causes 
to be made each month. 

Section 2 , The superior court shall make rules for to make rules, 
carrying out the provisions of this act. 

Section 3. This act shall take effect on the first day when to take 
of September in the year eighteen hundred and ninety- 
four. Approved Ax>tiI 18, 1894. 

An Act to dissolve certain corporations, CA«7).284 

Be it enacted, etc., as follows: 

Section 1. Such of the following named corporations corporations 

,iTTiT. ^ dissolved. 

as are not already dissolved, viz : — 
A. L. Tribble Company, The, 
Abington Electric Light and Power Company, 
Ac worth Manufacturing Company, 
Aetna Eubber Mills, 
Allen & Rowell Company, The, 

Alpha Co-operative Manufacturing Corporation, The, 
Altamonte Company, 
Austin Brothers Company, The, 
Baker Telephone Index and Tablet Company, The, 
Bartlett Automatic Elevator Gate Company, The, 
Bay State Leather Coat Manufacturing Company, The, 
Beverly Farms Boot and Shoe Company, The, 
Boston Ball Club, 
Boston Boot Company, 



278 Acts, 1894. — Chap. 284. 

Svedl°°' Boston Coffee and Cereal Manufacturing Company, 

Boston Co-operative Company, 
Boston Sand & Gravel Company, 
Boston Steamboat and Pier Company, 
Boston Wall Paper Company, The, 
Boston Wool Company, 
Braintree Electric Company, 
Breacli Sole Cutting Machine Company, 
Bristol County Frear Artificial Stone Company, 
Brockton Gazette Company, 
Brown Hotel Company, 
Budget Publishing Company, The, 
Bunker Hill Furniture Company, The, 
Burt-Chace Company, 
C. F. Jewett Publishing Company, 
Cambridge Brass Company, 
Cape Ann Granite Company, 
Carr Metal Company, 

Casey Bros. Shoe Manufacturing Company, 
Chaml)erlain Manufacturing Company, 
Chelsea Odd Fellows Hall Association, 
Coburn Shuttle Company, 
Cochrane Hill Mining Company, 
Commercial Pottery Company, 
Concord Electric Company, 
Consolidated Folding Bed Company, The, 
Continental Telephone Company, The, 
Cooper Water Motor Co., 
Coolidge Shoe Company, 
Copeland Hardware Manufacturing Company, 
Crane and Waters Manufacturing Company, 
Crescent Mills, 

Cultivator Publishing Company, The, 
Damon iSIanufacturing Company, 
Danvers Electric Company, 
Downing Morocco Company, The, 
E. J. W. Morse Company, 
East Templeton Co-operative Chair Company, 
Easthampton Electric Company, 
Edgartown Hotel Company, 
Educational Supply Company, The, 
Electric and Machine Company, The, 
Eliot Falls Electric Light Company, 
Elliott Paper Box Company, 



Acts, 1894. — Chap. 284. 279 

Emerson Power Scale Company, drsw^ved""^ 

Equita])le Water Meter Company, The, 

Fall River INlill Supply Company, 

Fall River Tribune Publishing Company, 

Falmouth Local Publishing and Printing Company, 

Falmouth Wharf Company, 

Farrar Tack Company, 

Fitchburg Co-operative Association, 

Foote Refrigerator Company, The, 

Franklin Insurance Company of Boston, 

Fred. H. Allen Company, 

Gardner Electric Company, The, 

Gardner Gas Light Company, The, 

Gardner Paint Company, 

Glen Mills, 

Gordon Shoe Manufacturing Company, The, 

Grant Corundum Wheel jNIanufacturing Company, 

Hall Commercial College, Incorporated, The, 

Hall Tyjje Writer Company, 

Harvard Printing Company, The, 

Holliston Gas and Electric Company, 

Holyoke Co-operative Supply Association, The, 

Home Supply Company, 

Hopedale Elastic Fabric Company, 

Hopkinton Electric Company, 

Hovey Publishing Company, The, 

Irvona Tanning Company, 

J. L. Wright Shoe Company, 

J. S. Allen and Shaw Shoe Company, 

Jewett Cigar Companj^ 

Keating Wheel Company, The, 

King Manufacturing Corporation, 

Knott Refrigerating Company, Limited, 

Lenox Gas and Electric Company, 

Leominster Manufacturing Company, 

Leonard Perkins and Pierce Company, 

Light Publishing Company, 

Little Giant Hussar Wrecking Company, 

Lovejoy' Store Service Company, The, 

Maiden Hardware Company, The, 

Manufacturers' Exchange Company, 

Massachusetts and Southern Construction Company, 

INIassachusetts Cable Construction Company, The, 

INIassachusetts Dredging Company, 

Mayall Patents Company, 



280 Acts, 1894. — Chap. 284. 

dtooh-ed!""" McDonnell Brothers Printing and Publishing Com- 

' pany, The, 
McPhail Piano Company, The, 
Mechanical Electrical Scientific and Railway News 

Bureau, The, 
Merrimac Electric Company, 
Merrimac Valley Felt and Woolen Company, 
Methuen Gas Light Company, 
Michigan Lumber Company, 
Mitchell Fish Company, The, 
Monson Gas and Electric Company, 
Morley Paper Company, 
N. A. Thompson Coal Company, 
N. Rich Fish Weir Company, 
National Laundry Company, 
New Bedford Electric Light Company, 
New Bedford Journal Publivshing Company, 
New England Building and Manufacturing Company, 
New England Felt Roofing Company, 
New England Furniture Exchange, 
New England Steam Cooperage Company, 
New England Trade Association, 
Newburyport Electric Light and Power Company, 

The, 
• North Grafton Co-operative Association, The, 
Old Colony Rivet Company, 
Palmer Carpet Company, 
Paulding Shoe Company, 
Peabody Electric Light and Power Company, 
Peirce Coal Company, 

People's Electric Light and Power Company, 
People's Gas Company, 
People's Line, The, 
Pittsfield Shoe Company, 

Plymouth Rock Boot and Shoe Company, The, 
Pond Desk Company, 
Potter Lovell Company, 
Provincetown Electric Company, 
Prudential Fire Insurance Company of Boston, Mass., 

The, 
Quincy Co-operative Granite Company, 
Quincy Co-operative Society, The, 
Randolph Electric Light and Power Company, 
Rational Horse Shoeing Company, The, 



Acts, 1894. — Chap. 284. 281 

Eaymond Skate Company, dfsaowed""* 

Rex Liquid Stove Polish Company, 

Richards Manufacturing Company, 

Roskell Williams Drug Company, The, 

Rubber Boot and Shoe Selling Company, 

S. C. Devlin Company, The, 

S. K. Smith Silk Manufacturing Company, 

Sawyer Shoe Co., The, 

Sevigne Manufacturing Company, The, 

Solon Bryant Company, The, 

Somerset Co-operative Foundry Company, 

Somerville Electric Light, Heat and Power Company, 

South Boston Ice Company, 

South Boston Iron Works, The, 

South Framingham Manufacturing Company, 

Sphinx Opera Company, The, 

Standish Mills, 

Suburban Parcel Delivery Company, 

Suffolk Iron Works, 

Syms and Dudley Paper Company, The, 

T. A. Newhall Coal Company, 

Tapley Machine Company, The, 

Taunton Iron Works Company, 

Taunton Tack Company, 

Traveller Newspaper Company, 

U. S. Druggists Supply Company, 

Union Hammock Company, The, 

Union Needle Company, 

Union Organ Manufacturing Company, 

Union Publishing Company, The, 

Valpey & Anthony Shoe Co., 

Washington Fire and Marine Insurance Company, 

West Dennis Shoe Co., 

Weymouth Gas Company, 

Winship, Daniels & Co. Corporation, 

Winthrop Gras and Electric Company, 

Worcester Wall Paper Company, 

Wright Drug Company, 
are hereby dissolved, subject to the provisions of sections 
forty-one and forty-two of chapter one hundred and five 
of the Public Statutes. 

Section 2. Nothing in this act shall be construed to Pending suus 
affect any suits now pending by or airainst any corpora- °ot»fi«cted,etc. 
tiou mentioned in the first section of this act, nor any suit 



282 Acts, 1894. — Chaps. 285, 286. 

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 . 
Proceedings in Section 3. Suits upon choscs in action arising out of 

suits upon •11 •• 1 • 1 T 

choses in action, contracts sold or assigned by any corporation' dissolved 
by this act may be brouglit or prosecuted in the nkuxe of 
the purchasers or assignees. The fact of sale or assign- 
ment and of purchase by the plaintiff shall be set foi^th 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 18 ^ 1894. 

Chap.^iSS -^N -A-CT RELATIVE TO PROTECTING PERSONS, ASSOCIATIONS OR 
UNIONS OF PERSONS IN THEIR LABELS, TRADE-MARKS AND FORMS 
OP ADVERTISING. 

Be it enacted, etc., asfoUoics: 

Iml'ndfd ^ ^' Section three of chapter four hundred and forty-three 

of the acts of the ye.ir eighteen hundred and ninety-three 
is hereby amended by striking out in the first line, the 
words " Every manufacturer who ", and inserting in place 
thereof the word : — Whoever, — so as to read as follows : 
uskig'etc°'^gen. — SectioR 3. Whocvcr shall knowingly use or affix the 
othlrgood8°etc. genuine label or trade-mark adopted by any person, asso- 
ciation or union, as herein provided, and filed in the office 
of the secretary of the Commonwealth, as provided in sec- 
tion four of this act, upon any goods not manufactured 
by such person, or ])y a member or members of such asso- 
ciation or union, shall be punished by a fine not exceeding 
two hundred dollars or by imprisonment not exceeding 
one year, or both such tine and imprisonment. 

Approved April 20, 1894. 

(Jfian.2S6 -^^ ■^'^'^ '^^ authorize the city of HOLYOKE to incur INDEBT- 
EDNESS BEYOND THE LIMIT FIXED BY LAW FOR THE PURPOSE 
OP PAYING ITS PART OF THE COST OF BUILDING THE WILLIMAN- 
SETT BRIDGE. 

Be it enacted, etc., asfolloios: 
^^^v!,°'^i"* ,, Sectiox 1, The city of Holvoke is hereby authorized 

maeDtedness be- »' » ^' „ 

yond debt limit, to Issuc negotiable notes, bonds or scrip to the amount oi 



Acts, 1894. — Chaps. 287, 288. 283 

one hundred and five thousand dollars, payable at periods 
of not more than twenty years from the date of issue, for 
the purpose of paying its portion of the cost of construct- 
ing a Inndge across the Connecticut river between Holyoke 
and Willimansett, as required by chapter three hundred 
and fifty of the acts of the year eighteen hundred and 
eighty-nine ; and said notes, bonds or scrip shall not be 
considered or reckoned in ascertaining the authorized limit 
of the indebtedness of said city under the provisions of 
section four of chapter twenty-nine of the Puljlic Statutes 
and acts in amendment thereof and in addition thereto. 
Section 2. This act shall take eftect upon its passage. 

Approved April 20, 1894. 



Clicqj.2Sl 



An Act making an appropriation for the care and super- 
vision OF THE PROVINCE LANDS AT PROVINCETOWN. 

Be it enacted, etc., as folloios : 

■ Section 1 . The sum of three thousand dollars is hereby care, etc., 
appropriated, to he paid out of the treasury of the Com- randlaYprov. 
monwealth from the ordinary revenue, for the care and *"<=<^''°^°' 
supervision of the province lands in Provincetowni, under 
the direction of the harbor and land commissioners. 

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

Approved April 20, 1894. 

An Act to authorize the metropolitan park commission to njigy) 288 

CONSTRUCT roadways AND BOULEVARDS. 

Be it enacted, etc., asfoUoivs: 

Section 1. The board of metropolitan park commis- May take lands, 
sioners, constituted under the authority of chapter four way's^or bZ'ie- 
hundred and seven of the acts of the year eighteen hun- ^^^*^^' ®"^* 
dred and ninety-three, is hereby authorized to connect 
any road, park, way or other public open space with any 
part of the cities or towns of the metropolitan parks 
district under its jurisdiction, by a suitable roadway or 
boulevard, and for this purpose to exercise any of the 
rights and powers granted to said board by said act, in 
the manner prescribed by said act, and also to take 
or acquire in fee or otherwise, in the name and for the 
benefit of the Commonwealth, by purchase, gift, devise 
or eminent domain, any lands or rights or easements or 
interest in land within said district, although the land so 
taken or any part thereof ])e already a street or way, and 
to construct and maintain along, across, upon or over the 



284 



Acts, 1894. — Chap. 288. 



Proviso. 



To determine 
value of real 
estate, assess 
amount of bet- 
terments, etc. 



Provisos. 



May appoint 
and remove 
clerks, police, 
etc. 



Proviso. 



same or any other land acquired by said board by said 
act, a suitaljle roadway or boulevard : provided, however, 
that the concurrence of the l)oard of aldermen in the city 
of Boston for the county of Sutiblk, or the concurrence of 
each other county or city or town outside of said county 
of Suffolk, wherein any portion of any street, way, land 
or rights in land is taken by right of eminent domain 
be obtained, to the taking of said portion by vote of its 
county commissioners, city government or board of se- 
lectmen respectively. 

Section 2. Said board shall have the same authority 
to determine the value of, and assess upon real estate the 
amount of betterments accruing to, said real estate by the 
locating and laying out of any roadway or boulevard 
herein authorized, as is conferred by chapter fifty-one oi^ 
the Public Statutes upon boards of city or town oJfficers 
authorized to lay out streets or ways, and the provisions 
of the first eight sections of said chapter, relating to ways, 
shall apply to such assessments by said board : provided, 
however, that no assessment shall be made upon any real 
estate except such as abuts upon the sUiget from the laying 
out of which the betterment accrues; and provided, fur- 
ther, that no betterment or damages shall be assessed upon 
or paid to any city or town under this act. 

Section 3. In furtherance of the powers herein granted 
said board may appoint clerks, police and such other em- 
ployees as it may from time to time find necessary for the 
purposes of this act, remove the same at pleasure, and 
make rules and re2:ulation8 for the iiovernment and use 
of the roadways or boulevards under its care, breaches 
whereof shall be breaches of the peace, punishable as such 
in any court having jurisdiction of the same; an d_in ad- 
dition said board shall have the same rights and powers 
' over and in regard to the roadways or boulevards taken 
and constructed hereunder as are or may be vested in 
them in regard to other open spaces by said chapter four 
hundred and seven and acts in amendment thereof and 
in addition thereto, and shall also have such rights and 
powers in regard to the same as, in general, counties, cities 
and towns have over public ways under their control : 
provided, however, that nothing in this act contained shall 
be taken or held to affect or abridge the right of any city 
or town lying within said district to pursue and appre- 
hend, as it lawfully may from time to time, any person or 



Acts, 1894. — Chap. 288. 285 

persons who commit within the limit of said city or town 
any breach of any statute, ordinance or regulation Jft^The Liabilities 
liability arising out of any defect or want of repair in def'ect%tc™in 
any road vTay or boulevard maintained by said metropoli- '^o^'^^'^y' ^tc. 
tan park commission under this act, and the rights and 
remedies thereto appertaining, shall be in all respects the 
same as those provided l)y law in relation to the repairs 
of })ublic ways and bridges, in chapter fifty-two of the 
Public Statutes and any acts passed from time to time 
in addition thereto or amendment thereof. Actions seek- 
ing to enforce such rights and remedies shall be brouo-ht 
against the commissioners as such, but there shall never 
be any personal lial)ility on the part of them or any of 
them to any person injured as aforesaid by reason of such 
defect or want of repair. Notices required to be served 
upon the defendant in proceedings hereunder shall be 
served upon the chairman of the board or its secretary. 
All sums recovered against said commission under the 
foregoing provisions, together with any costs of suit and 
counsel fees, expenses and interest, shall be taken and held 
to be expenses of care and maintenance, within the intent 
and meaning of this act as hereinafter expressed and pro- 
vided for. Said board may maintain in repair and lease 
buildings, together with land appurtenant thereto, upon 
any portion of the property at any time taken or acquired 
by it ; and also may erect, maintain in repair and lease 
such buildings, with land appurtenant thereto, upon any 
property at any time under its control, as may fairly be 
necessary to serve the public uses for which such property 
is held. Said 1)oard shall have suitable office accommoda- To have suitable 

, . ^ • . 1 1 n 1 j^i 1 1 X office accommo- 

tions tor its purposes, and shall keep the plans, documents, dation, etc. 
records and accounts of its doings at such office, and each 
year shall include a report of the same, with a full state- 
ment of receipts and disbursements hereunder in the re- 
port required by said chapter four hundred and seven. 

Section 4. The board of aldermen of said city of J^^^c.^^STny''' 
Boston for the county of Suffolk, and all other counties '^j'^';*°J^ ^>' '^^ 
lying partly within said district ])y vote of their county 
commissioners, the cities within said district by vote of 
their city governments, and the towns within said district 
by vote of their selectmen, are hereby respectively author- 
ized and empowered to concur in any taking by said board, 
and thereby to transfer their rights in any streets or lands 
taken thereunder. 



286 



Acts, 1894 — Chap. 288. 



Description of 
lands, etc., to 
be recorded. 



Damages. Section 5. Said boarcl shall estimate and determine 

as near as may l)c all damages sustained by any person or 
corporation by the taking of land, or any right therein 
under this act; l)ut any one aggrieved by such determi- 
nation 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 in- 
creased beyond the award of the l)oard the aggrieved party 
shall recover costs, otherwise such party shall pay costs ; 
and costs shall be taxed as in civil cases ; but no suit for 
such damages shall be brought after the expiration of two 
years from the date of the recording of the taking, as re- 
quired by the following section. 

Section 6. Within sixty days after any street, way, 
land or right therein is acquired or taken under this act, 
the board shall file and cause to be recorded in the proper 
registry of deeds, a description thereof sufficiently accu- 
rate for its identification, 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 7. To meet the expenses of taking and con- 
structing said roadways or boulevards herein provided 
for, the treasurer and receiver general shall, with the ap- 
proval of the governor and council, issue scrip or certifi- 
cates of debt in the name of the Commonwealth and under 
its seal, to an amount not exceeding five hundred thousand 
dollars, for a term not exceeding forty years. Such scrip 
or certificates of debt shall be registered as bonds or with 
interest coupons attached, and shall bear interest not 
exceeding four per cent, per annum, payable on the first 
days of January and July in each year. Such scrip or 
certificates of debt shall be designated on the face as Metro- 
politan Parks Loan, Series Two ; shall be countersigned 
by the governor, and shall be deemed a pledge of the 
faith and credit of the Commonwealth, and the principal 
and interest shall be paid at the times specified therein, in 
gold coin of the United States ; and said scrip or certifi- 
cates of debt shall be sold and disposed of at public auc- 
tion 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 
Sinking fund, couucil shall dccm bcst. The treasurer and receiver gen- 
eral shall on issuing any of said scrip or certificates of 



Metropolitan 
Parks Loan, 
Series Two. 



Acts, 1894. — Chap. 288. 287 

debt establish a siuking fund and apportion an amount to 
be paid thereto each year sufficient with its accumulations' 
to extinguish the debt at maturity. Any premium real- 
ized on the sale of said scrip or certificates of debt shall 
be applied to the payment of the interest on this loan as 
it accrues. 

Section 8. The commissioners required to be ap- commisBioners 
pointed by section eight of said chapter four hundred and jfroporuon'of 
seven shall also, in the manner therein required, determine to be°pa*d by ' 
the proportion in which each of the cities and towns of cuies and towns, 
the said district shall annually pay money into the treasury 
of the Commonwealth during each of the five years next 
following the first issue of said scrip or certificates of 
delit, to meet one half the interest and sinking fund re- 
quirements for each of said years, as estimated by the 
treasurer of the Commonwealth, and one half the expense 
of care and maintenance, and one half of the office and 
running expenses of said board occasioned by this act, as 
estimated by said board and certified to said treasurer, and 
one half of any deficiency in the amount previously paid 
in, and shall then 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 refeiTed to said commissioners and shall 
be binding on all parties. Before the expiration of said 
term of five years, and every five years thereafter, the 
commissioners then appointed under said section eight of 
said act shall, in the manner directed in said act, deter- 
mine the proportion in which each of the cities and towns 
of said district shall annually pay money into the treasury 
of the Commonwealth as aforesaid, for the ensuing term of 
five years, 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 refen'ed to said commissioners and 
shall be binding on all parties. The remaining one half 
of all said annual expenses shall be paid by the Common- 
wealth. 

Section 9. The metropolitan park commission shall ^"eTra^sei'to*^ 
annually estimate the expenses of preservation and neces- ^^ '^^'^'^^ 
sary care of said public reservations for the ensuing year, 
and the proportion of office and running expenses occa- 
sioned by the passage of this act, and certify the same to 
the treasurer, who shall apportion said expenses in the man- 
ner provided in the following section. 



288 Acts, 1894. — Chap. 289. 

fuTred"from Section 10. TliG amount of money required each year 

cities and towns from each city and town of the metropolitan parks district, 
in state tax. to mcct the interest, sinking fund requirement and expenses 
aforesaid for each year, and deficiency, if any, shall be esti- 
mated by the treasurer of the Commonwealth in accord- 
ance 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 c ach 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. 
The amount of money required each year to meet the 
remaining one half of the interest, sinking fund require- 
ment and expenses aforesaid for each year and deficiency, 
if any, shall be included in and made a part of the annual 
state tax levy. 
Supreme judi- Section 11. The suprcmc iudicial court shall have 

cial court to nx ..,.. . . '^^ '', .. •!• 

compensation of jurisdiction lu cquitv to eniorcc the provisions ot this act 

commissiouers. i i n ,. i i j'' • ji i- n ^^ 

and shall fix and determine the compensation or all com- 
missioners appointed by said court, whether under the 
provisions hereof or of said chapter four hundred and 
seven. 

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

Approved April 21 ^ 1894. 

C7lCin.2SQ An Act to authorize the southhridge avateu supply com- 
pany TO INCREASE ITS CAPITAL STOCK AND TO TAKE AN ADDI- 
TIONAL SOURCE OF WATER SUPPLY. 

Be it enacted^ etc., as follows : 

May take the Section 1. Tlic Southbridgc Water Supply Couipany, 

Hatchet brook", in addition to the existing sources of water supply, may 
'^^^' also take, hold and convey into and through the town 

of Southbridge and any part thereof, the Avaters of what 
is known as Hatchet brook, or any tributary thereto, and 
may take and hold by purchase or otherwise any real estate 
necessary for the preservation and purity of the same or 
for forming any dams or reservoirs to hold the same, and 
for laying and maintaining aqueducts or pipes for distribut- 
ing the waters so held ; and may lay the pipes through 
any private lands, with the right to enter upon the same 
and dig therein for the purpose of making all necessary 



Acts, 1894. — Chap. 289. 289 

repairs ; and for the purpose aforesaid may carry its pipes 
under or over any water course, street, railroad, highway 
or other way, in such manner as not to obstruct the same ; 
and may, under the direction of the board of selectmen, 
enter upon and dig up any road or other way for the pur- 
pose of laying or repairing its aqueduct, pipes or other 
works, and in general may do any other acts and things 
convenient and proper for carrying out the purpose of 
this act. 

Section 2. Said company may, for the purposes set^ayhoid 
forth in its charter and in all acts in amendment thereof e8tate'°efo. 
and in addition thereto, hold real and personal estate to 
an amount not exceeding one hundred thousand dollars ; 
and the whole capital stock of said company shall not 
exceed one hundred thousand dollars, to be divided into 
shares of fifty dollars each. 

Section 3. The Southbridge Water Supply Company issue of stock to 
shall issue the additional stock provided for in section comm^B8k)n''er^of 
two only in such amounts as may from time to time, '=o''po''ations. 
upon investigation by the commissioner of corporations, 
be deemed by him to be reasonably requisite for the pur- 
poses of providing the inhabitants of the town of South- 
bridge with an additional water supply and the extension 
of the water service in said town. His decision approving 
such issue shall specify the amount of stock to be issued 
and the purposes to which the proceeds thereof are to be 
applied. A certiticate setting forth his decision shall be 
filed in the office of the secretary of the Commonwealth 
before the certificates of stock are issued, and the proceeds 
of such stock shall not be applied to any purpose not 
specified in such decision. 

Section 4. The new shares of stock authorized in sec- New stock to 
tion two shall be ofiered proportionately to the stockhold- portioM^teiyTo 
ers of the company at the market value thereof at the stockholders, 
time of increase, as shall be determined by the commis- 
sioner of corporations, taking into account previous sales 
of stock of said company and other pertinent conditions. 
The directors of the company shall cause written notice 
of such increase to be given to each stockholder who was 
such at the date of the vote to increase the capital stock 
authorized in section two, stating the amount of such in- 
crease and the proportion thereof in shares of stock 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 



290 Acts, 1894. — Chap. 290. 

fixing a time not less than fifteen days from the date of 
such notice within which he may subscribe for such addi- 
tional stock. Each stockholder may within the time fixed 
subscribe for his portion of such stock, and the same shall 
be paid for in cash on the issue of the certificate of stock. 
unsubJcHbed °^ All sharcs of stock remaining unsubscribed for by the 
pubHc a^uciionf' stockholdcrs entitled to take them shall be sold at pub- 
lic auction to the highest bidder by the directors of the 
company. Said sale shall be held at such time and place 
as may be prescribed by said commissioner, and notice 
thereof shall be published at least five times during the 
ten days immediately preceding the sale, in such daily 
newspapers not less than three in number as may be ap- 
proved by said commissioner. None of said stock shall 
be sold or issued for a less sum to be actually paid in cash 
than the par value thereof. 
TJi^'^^s^tate and Section 5. All purchascs of real estate and personal 
personal prop, property bv said corporation heretofore made are hereby 

erty ratified, i i ^ J i _ t/ 

etc. ratified, confirmed and made valid. 

1880, 73, §§ 3, 4, Section 6. The provisions of sections three, four, six 
and seven of chapter seventy -three of the acts of the year 
eighteen hundred and eighty, so far as applicable, shall 
apply to the additional water supply authorized by this 
act, to the real estate and rights acquired hereunder, and 
in general to all acts done by said water company in pur- 
suance of the authority herein granted. 

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

Approved April 21, 1894. 

C!Jian.290 ^^ ^^"^ '^^ SUPPLY THE TOAVX OF MONSON WITH WATER. 

Be it enacted., etc., asfolloivs: 
Water supply SECTION 1. The towu of Mousou may supply itself 

lor town 01 ^ ^ /• i '• • i /> 

Monson. and its inhabitants with water for the extinguishment of 

fires and for domestic and other purposes ; ma}- 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. 
May take waters SECTION 2. Tlic Said towu, for the purpose aforesaid, 
etc. ' may take by purchase or otherwise and hold the waters of 

Conant brook, so-called, and the waters that flow into and 
from the same, and the waters of any other watershed, 
ponds, springs, streams or water source, and the tribu- 
taries thereof, within the town of Monson, and the water 



Acts, 1894. — Chap. 290. 291 

rights connected with any of said sources ; and also all 
lands, rights of way and easements necessary for holding 
and preserving such water and for conveying the same to 
any part of said town ; may sink gang wells, or wells of 
any other description, or l)uild connecting galleries ; and 
may erect upon the land thus taken or held, proper dams, 
buildings, fixtures and other structures, and may make ex- 
cavations, procure and operate machinery and provide 
such other means and appliances as may be necessary 
for the establishment and maintenance of complete water 
works ; and may construct and lay down conduits, pipes 
and other ^orks 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 unnecessarily obstiiict such way ; and for the purpose May dig up 
of constructing, maintaining and repairing such conduits, "" ^' *^'*^' 
pipes and other works, and for all proper purposes of this 
act, said town may dig up, raise and embank any such 
lauds or ways in such manner as to cause the least hin- 
drance to public travel on such ways. 

Section 3. The said town of Monson shall, within Description of 
ninety days after the taking of any land, rights of way, be°fi*ed. °'' '° 
water rights, water sources or easements as aforesaid, 
otherwise than by purchase, file and cause to be recorded 
in the Hampden county registry of deeds, a description 
thereof sufliciently accurate for identification, with a state- 
ment 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- Damages. 
tained l)y 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- 
poration entitled to damages as aforesaid under this act, 
who tails 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 two 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 appli- 
cation shall be made after the expiration of said two years. 
No application for assessment of damages shall be made 
for the taking of any water, water right, or any injury 



292 



Acts, 1894. — Chap. 290. 



Monson Water 
Loan. 



Sinking fund. 



May provide for 
annual pay- 
ments on loan. 



Return to state 
amount of sink- 
ing fund, etc. 



Payment of 
expenses, inter- 
est, etc. 



thereto until the water is actually withdrawn or diverted 
by said town under the authority of this act. 

Section 5. The said town may, for the purpose of 
paying the necessary expenses and liabilities incurred un- 
der the provisions of this act, issue from time to time 
bonds, notes or scrip to an amount not exceeding in the 
aggregate sixty-five thousand dollars ; such bonds, notes 
or scrip shall bear on their face the words, Monson Water 
Loan, shall be payable at the expiration of periods not 
exceeding thirty years from the elate of issue, shall bear 
interest payable semi-annually at a rate not exceeding five 
per cent, per annum, and shall be signed by the treasurer 
of the 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, and upon 
such terms and conditions as it may deem proper. The 
said town shall pay the interest on said loan as it accrues 
and shall provide at the time of contractiiig said loan for 
the establishment of a sinking fund, and shall annually 
contriljute to such fund a sum sufiicient with the accumu- 
lations thereof to pay the principal of said loan at matur- 
ity. The said sinking fund shall remain inviolate and 
pledged to the payment of said loan and shall be used for 
no other purpose. 

Section 6. The said town instead of establishing a 
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 prescribed in this act ; and when such vote has been 
passed the amount required shall without further vote be 
assessed by the assessors of said town in each year there- 
after until the debt incurred l)y 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 Pulilic Statutes. 

Section 7. The return required by section ninety-one 
of chapter eleven of the Public Statutes shall state the 
amount of the sinking fund established under this act, and 
if none is established whether action has been taken in 
accordance with the provisions of the preceding section 
and the amounts raised and applied thereunder for the 
current year. 

Section 8. The town shall raise annually by taxation 
a sum which with the income derived from the water rates 



Acts, 1894. — Chap. 290. 293 

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. 

Sectiox 9. Whoever wilfully or wantonly corrupts, Penalty for 
pollutes or diverts any of the waters taken or held under watersl'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 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 10. The said town shall, after the acceptance water commis. 
of this act, at a legal meeting called for the purpose, elect term, etc. * 
by ballot three persons to hold office, one until the expi- 
ration of three years, one until the expiration of two years 
and one until the expiration of one year from the next 
succeeding annual town meeting, to constitute a board of 
water commissioners ; and at each annual town meeting 
thereafter one such commissioner shall be elected by ballot 
for the term of three years. All the authority granted to 
the town by this act and not otherwise specially provided 
for shall be vested in said board of water commissioners, 
who shall be subject however to such instructions, rules 
and regulations as said town may impose by its vote. 
The said commissioners shall be trustees of the sinking to be trustees 
fund herein provided for and a majority of said commis- of sinking fund. 
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 vacancy. 
may be filled for the remainder of the unexpired term by 
said town at any legal town meeting called for the purpose. 

Sectiox 11. This act shall take effect upon its accept- subject to 

. ^ , £• • 1 j_ j_ acceptance by a 

ance by a two thirds vote oi the voters oi said town present two thirds vote. 
and voting 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. Approved April 21, 1894. 



294 



Acts, 1894. — Chap. 291. 



C/iai^.291 



1893, 417, § 48, 
amended. 



Examination, 
etc., when qual- 
ifications tiave 
not been deter- 
mined within 
four years, etc. 



Registrars to be 
furnished with 
constitution 
printed on slips, 
etc. 



An Act relative to the qualification of voters. 
Be it enacted, etc., as foUoics : 

Section 1 . Section forty-eight of chapter four hundred 
and seventeen of the acts of the year eighteen hundred and 
ninety-three is hereby amended by inserting after the word 
" qualifications ", in the fifth line, the word : — and, — also 
by striking out all of said section after the word "mem- 
ory ", in the tenth line, and inserting in place thereof the 
following: — For the purpose of testing the ability of the 
applicant to read as required by this section, all registrars 
of voters shall be furnished by the secretary of the Com- 
monwealth with the constitution of the Commonwealth 
printed on uniform pasteboard slips, each containing five 
lines of said constitution printed in double small pica type. 
The registrars of voters shall place said slips in a box to 
be provided by the secretary of the Commonwealth and 
so constructed as to conceal the same trom view. Each 
person applying for registration shall be required to draw 
one of said slips from the box and read the five lines printed 
thereon, in full view of the registration officers. Each slip 
shall be returned to the box immediately after the test is 
finished, and the contents of the box shall be shaken up 
by a registration officer before another drawing is made. 
No person failing to read the slip thus drawn shall be reg- 
istered as a voter. All registrars of voters shall keep in 
said box at all times a full number of said printed paste- 
board slips. The secretary of the Commonwealth shall 
upon request furnish new slips to the registrars to replace 
those worn out or lost. The applicant shall also be re- 
quired to write his name in a general register, as required 
by section forty-four of this act, — so as to read as fol- 
lows : — Section 48. If an applicant's qualifications have 
not been determined by the registrars within the four 
years next preceding his application, the registrar, in 
making the examination, shall examine the applicant 
under oath in regard to his qualifications, and shall, 
unless the applicant is prevented by physical disability 
from so doing, or unless he had the right to vote on the 
first day of May in the year eighteen hundred and fifty- 
seven, require him to read, in such manner as to show 
that he is neither prompted nor reciting from memory. 
For the purpose of testing the ability of the applicant to 
read as required by this section, all registrars of voters 
shall be furnished by the secretary of the Commonwealth 



Acts, 1894. — Chap. 292. 295 

with the constitution of the Commonwealth printed on 
uniform pasteI)oard slips, each containing five lines of 
said constitution printed in douljle small pica type. The 
registrars of voters shall place said slips in a box to be 
provided by the secretary of the Commonwealth and so 
constructed as to conceal the same from view. Each per- 
son applying for registration shall be required to draw one 
of said slips from the box and read the five lines printed 
thereon, in full view of the registration ofiicers. Each slip 
shall be returned to the box immediately after the test is 
finished, and the contents of the box shall be shaken up by 
a reijistration officer before another drawing- is made. No 
person failing to read the slip thus drawn shall be regis- 
tered as a voter. All registrars of voters shall keep in 
said box at all times a Hill number of said printed paste- 
board slips. The secretary of the Commonwealth shall 
upon request furnish new slips to the registrars to replace 
those worn out or lost. The applicant shall also be re- 
quired to write his name in a general register, as required 
by section forty-four of this act. 

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

Approved April 21, IS 94. 

An Act to regulate the sale of goods marked sterling, /^7;/yj^ 9Q9 

STERLING SILVER, COIN, OR COIN SILVER. ^ 

Be it enacted, etc. , as folloivs : 

Section 1. A person who makes or sells, or offers saie. etc.of 
to sell or dispose of, or has in his possession with intent ftTmn^sUve?, 
to sell or dispose of, any article of merchandise marked, etc., regulated, 
stamped or branded with the words " sterling", or " ster- 
ling silver", or encased or enclosed in any box, package, 
cover or wrapper or other thing in or by which the said 
article is packed, enclosed or othersvise prepared for sale 
or disposition, having thereon any engraving or printed 
label, stamp, imprint, mark or trade-mark, indicating or 
denoting by such marking, stamping, branding, engraving 
or printing, that such article is silver, sterling silver, or 
solid silver, unless nine hundred and twenty-five one thou- 
sandths of the component parts of the metal of which the 
said article is manufactured are pure silver, shall be deemed 
guilty of a misdemeanor. 

Section 2. A person who makes or sells, or offers saie. etc., of 
to sell or dispose of, or has in his possession with intent fohf aiWe'r^e'tc., 
to sell or dispose of, any article of merchandise marked, •"•-■gu'ated. 



296 Acts, 1894. — Chaps. 293, 294. 

stamped or branded with the words "coin", or "coin 
silver", or encased or enclosed in any box, package, cover 
or wrapper or other thing in or by which the said article 
is packed, enclosed or otherwise prepared for sale or dis- 
position, having thereupon any engraving or printed label, 
stamp, imprint, mark or trade-mark, indicating or denot- 
ing l)y such marking, stamping, branding, engraving or 
printing, that such article is coin or coin silver, unless 
nine hundred one thousandths of the component parts of 
the metal of which the said article is manufactured are 
pure silver, shall be deemed guilty of a misdemeanor. 
Penalty. SECTION 3. Whoevcr violatcs the provisions of either 

of the preceding sections shall forfeit a sum not exceeding 
one hundred dollars for each offence. 

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

Approved April 23, 1894. 

C/i«Z).293 ^^ ^^"^ '^^ AUTHORIZE THE CITY OF WORCESTEK TO IXCUR IX- 
DEBTEDXESS BEYOXD THE LIMIT FIXED BY LAW, FOB THE PUR- 
POSE OF BUILDIXG A CITY HALL. 

Be it enacted^ etc., as follows: 
^y^ul""^^ Section 1. The city of Worcester, for the purpose of 

maeDtedneBS, ^ , •iii 

issue bonds, etc. erecting a city hall, may incur indebtedness to an amount 
not exceeding three hundred thousand dollars, and may 
from time to time by vote of the city council issue and 
sell negotiable notes, bonds or scrip therefor, signed by 
its treasurer and countersigned by its mayor, payable in 
periods not exceeding thirty years from the date of issue 
and bearing interest at a rate not exceeding four per cent, 
per annum. 

Not to be con- Section 2. The debt aiid loau authorized by this act, 

sidered in deter- -,, , , , . I'l i'ij_i 

mining debt and the notes, bonds or scrip which may be issued tnere- 
hmit. ^^^^ ^j^^^l ^^^ 1^^ 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 acts in amendment thereof or in addi- 
tion thereto. 

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

A2)2rroved Ajrril 23, 1894. 

Chap.294: -^ ^CT to establish UNIFORM FORMS FOR THE RETURN OF 

PROPERTY FOR TAXATION. 

Beit enacted, etc., as follows: 
of'p?opIrty1o? Section 1. Lists for the return of property for taxa- 
taxation. ^iou shall bc arrano'ed in such manner that the statement 



Assessors to 
furnish blanks. 



Acts, 1894. — Chaps. 295, 296. 297 

of the person to be assessed shall include a declaration 
under oath of all assessable property held by such person, 
in accordance with a form and with instructions to be pre- 
scribed by the tax commissioner annually. 

Section 2. The assessors of each city and town shall 
furnish blanks for lists of assessable property to any per- etc 
son taxable therein, which shall include all the declarations 
and instructions required by the tax commissioner. Said 
lists shall be made by the person to l)e assessed and filed 
with the assessors at such times as may be required by 
law. 

Section 3. This act shall take effect on the first day 
of January in the year eighteen hundred and ninety-five. 

Axjproced April 23, 1894. 



Chap.295 



An Act relative to the construction of a bridge in the 

TOWN OF WELLFLEET. 

Be it enacted, etc., as folloios : 

Section 1. Section one of chapter one hundred a^^c^ amended ^ ^' 
thirty-two of the acts of the year eighteen hundred and 
ninety-three is hereby amended by inserting in the second 
line, after the word "bridge", the words: — or dike, — 
also by striking out in the third and fourth lines, the 
words "or near the old wharf, so-called", and inserting 
in place thereof the words : — or near Doctor's Head, — 
so as to read as follows: — Section 1. The Cape Cod May buiid a 
Bay Land Association may build and maintain a bridge in'weiifleet. ^ 
or dike in that part of Wellfieet called South Wellfleet, 
across tide water, from or near Doctor's Head to Lieu- 
tenant's island, subject to the approval of the board of se- 
lectmen of the town of Wellfleet and to 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 efl'ect upon its passage. 

Approved April 23, 1894. 

An Act relative to fishing in crystal lake in the city of rij.f^.^ oor^ 

HAVERHILL. ^ * 

Be it enacted, etc., as folloivs : 

Whoever takes or catches any fish in the waters of Crys- Fishing in 
tal lake in the city of Haverhill, from sunrise on Wednes- HaveV"hii?, Te- 
day morning in any week to sunrise on Monday morning *'"<''e^- 



298 Acts, 1894. — Chaps. 297, 298, 299, 800. 

in the following week, for a period of three years from 
the passage of this act, shall be punished by a fine not 
exceeding twenty dollars for each ofl'ence. 

Approved April 23, 1894. 

GhaiO.^Syi -^ ■'^CT TO INCREASE THE SALARY OF THE ASSISTANT DISTRICT 
ATTORNEY FOR THE SOUTHEASTERN DISTRICT. 

Be it enacted, etc., as follows: 

fithll ^^^''^' Section 1 . The salary of the assistant district attorney 

for the southeastern 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-four. 

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

Approved April 23, 1894. 

Oh(ip.2i9S ^^ -^CT RELATIVE TO THE DISPOSITION OF THE LEGISLATIVE 

DOCKETS. 

Be it enacted, etc., as follows: 

?f'?eguiitrve Within thirty days after the prorogation of the general 

dockets. court the sergeant-at-arms shall deposit the legislative 

dockets for the session in the office of the secretary of the 
Commonwealth. Approved Aprril 23, 1894. 

(Jhap.2iQQ -^^ -^CT RELATIVE TO THE REFUSAL OF GAS COMPANIES TO FUR- 
NISH GAS IN CERTAIN CASES. 

Be it enacted, etc , as folloius : 
Refusal to j^ shall uot bc lawful for any corporation engao^ed in 

supply gaa in . ,. V, .^ P 

certain cases manufacturing sellino: or distributing gas, to remse to 

unlawful. . ~ ~ . ~ . ~ . 

furnish or supply gas to or for any building or premises 
for the reason that a gas bill remains unpaid by any pre- 
Proviso. vious occupant of said building or premises : provided, the 

person or persons applying for gas shall not be in arrears 
to su(;h corporation for gas previously furnished to or for 
said building or premises, or to or for any other building 
or premises. Apirroced A^ml 23, 1894. 

ChCip.300 -^^ ^CT RELATIVE TO MUTUAL FIRE INSURANCE COMPANIES. 

Be it enacted, etc., as follows : 

amendld ^ ^^' Section 1. Scctiou thirty-nine of chapter two hundred 
and fourteen of the acts of the year eighteen hundred and 
eighty-seven is hereb}' amended by striking out the first 



Acts, 189i. — Chap. 301. 299 

four lines, and inserting in place thereof the following 
words : — No policy shall be issued by a purely mutual 
fire insurance company hereafter organized until not less 
than one million dollars of insurance in not less than four 
hundred separate risks upon property located in Massa- 
chusetts has been subscribed for and, — also by adding at 
the end thereof the words : — No ofiicer or other person 
whose duty it is to determine the character of the risks, and 
upon whose decision the applications shall be accepted or 
rejected by a mutual fire insurance company, shall receive 
as any part of his compensation a commission upon the 
premiums, but his compensation shall be a fixed salary and 
such share of the net profits as the directors may deter- 
mine. Nor shall such ofiicer or person aforesaid be an 
employee of any oflScer or agent of the company, — so as 
to read as follows: — Section 39. No policy shall be The issue of 
issued by a purely mutual fire insurance company here- potides^re"*^^ 
after organized until not less than one million dollars of *^"'=^^'^' ^^'^■ 
insurance in not less than four hundred separate risks upon 
property located in Massachusetts has been subscribed for 
and entered on its books ; except that in any town of less 
than four thousand population a company may be formed 
to insure only dwelling houses, farm buildings, and their 
contents within such town, and may issue policies when 
fifty thousand dollars of insurance has been subscribed for. 
No officer or other person whose duty it is to determine the 
character of the risks, and upon whose decision the ap- 
plications shall be accepted or rejected by a mutual fire 
insurance company, shall receive as any part of his com- 
pensation a commission upon the premiums, but his com- 
pensation shall be a fixed salary and such share of the net 
profits as the directors may determine. Nor shall such 
officer or person aforesaid be an employee of any officer or 
agent of the company. 

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

Approved April 23, 1894. 

Ax Act relative to state aid. Chajj 301 

Be it enacted, etc., as follows : 

Section 1. Any city or town may raise money for Payment of 

' Btutc aid 

the purposes of this act ; and the treasurers thereof may, 
under the direction of the mayor and aldermen or the se- 
lectmen thereof, under the following conditions, pay state 



300 Acts, 1894. — Chap. 301. 

aid to, or expend it for, any worthy person having a resi- 
dence and actually residing in such city or town who is 
not receiving aid from any other state nor from any other 
city or town in this state, and who shall be in such neces- 
sitous circumstances as to require further public assistance, 
and who shall belong to either of the following classes, to 
wit: 
First class. First class. Invalid pensioners of the United States 

who served in the army or navy of the United States be- 
tween the nineteenth da}^ of April in the year eighteen 
hundred and sixty-one and the first day of September in 
the year eighteen hundred and sixty-tive, to the credit 
of the state of Massachusetts ; or in such army or navy 
in the military organizations of this state known as three 
months' men, ninety days' men, or one hundred daj's' men, 
mustered into the United States service in the months 
of April, INIay, June or July in the year eighteen hun- 
dred and sixty-one, or April, May, July or August in the 
year eighteen hundred and sixty-four ; — or who, hav- 
ing their residence and actually residing in this state at 
the time of their enlistment, served to the credit of any 
other state in such army or navy between the nineteenth 
day of April in the year eighteen hundred and sixty-one 
and the eighteenth day of March in the year eighteen hun- 
dred and sixty-two ; or who served in such army or navy, 
having been mustered into the service of the United States, 
at some time lietween the first day of May and the first 
day of October in the year eighteen hundred and sixty- 
two, while having a residence and actually living in this 
Commonwealth, and while being a member of one of the 
military organizations of the Massachusetts volunteer mi- 
litia known as the Boston cadets, the Salem cadets, the 
eighth battery of light artillery, or Company B of the 
seventh regiment of infantry ; or in such navy, being one 
of the persons since included in the list of officers, sailors 
and marines, prepared by the adjutant general in accord- 
ance with chapter fifteen of the resolves of the year eight- 
een hundred and seventy-five and chapter eight of the 
resolves of the year eighteen hundred and eighty, having 
been appointed or mustered into and served in such naval 
service of the United States while an actual resident of 
this Commonwealth ; or who served in the regular army 
of the United States during the war of the rebellion, 
having been appointed or having enlisted in said army 



Acts, 1894. — Chap. 301. 301 

while a citizen of this Commonwealth, havinir a residence 
and actually residing therein ; which pensioners have been 
honorably discharged from their said service in the army 
or navy and from all appointments and enlistments therein, 
and are so far disabled by such service as to prevent them 
from following their ordinary and usual vocations. 

Second class. Dependent relatives of soldiers or sailors second class. 
who have served in the manner and under the limitations 
described for the service of invalid pensioners of the first 
class, and have, if not dying in such service, been honor- 
ably discharged therefrom, as follows : namely, the widows 
and widowed mothers of soldiers or sailors dying in such 
service or dying after their honorable discharge there fi*om 
or dying while in receipt of a pension of the United States 
and the state aid of this state, and the wive« and widowed 
mothers of invalid pensioners of the first class receiving 
from the United States at least four dollars per month. 

Third class. Dependent relatives of soldiers or sailors Third class. 
who have served in the manner and under the limitations 
described for the service of invalid pensioners of the first 
class, who appear on the rolls of their respective regi- 
ments or companies, in the ofiice of the adjutant general, 
to be missing or to have been captured by the enemy and 
who have not been exchanged and have not returned from 
captivity, and who are not known to be alive, as follows : 
namely, the widows or wives and widowed mothers of such 
soldiers or sailors : provided, that no such relative of any 
such soldier or sailor shall belong to this class or be aided 
as such if the municipal authorities granting the aid shall 
have good and sufficient reason to believe that such sol- 
dier or sailor deserted or that he is still living and wil- 
fully absent from his family. 

Fourth class. Persons who were receiving state aid as Fourth class. 
dependent fathers or mothers prior to the eleventh day of 
April in the year eighteen hundred and sixty-seven, and 
were precluded therefrom by the provisions of chapter one 
hundred and thirty-six of the acts of the year eighteen hun- 
dred and sixty-seven : ^^/'oy/cZe^i, the mayor and aldermen 
or selectmen shall in each case be satisfied, on evidence 
first reported to the commissioners of state aid and satis- 
fiictory to them, that justice and necessity require a con- 
tinuance of the aid to jirevent actual sufiering. 

Section 2. No wife or widow of any dischars^ed sol- Restrictions as 

•, ^^ to wife or 

dier or sailor shall be held to belong: to either of the fore- widow. 



acts, etc. 



302 Acts, 1894 — Chap. 301. 

going classes or be aided as such under this act unless, if 
his wife, she was married to him prior to his final dis- 
charge from the service aforesaid, and, if his widow, she 
was married to him prior to the ninth day of April in 
the year eighteen hundred and eighty. No person re- 
ceiving military aid shall also receive state aid. The 
words " pensioners ", " soldiers ", and " sailors ", singular 
or plural, used in this act shall be held to include commis- 
sioned officers. 

Classification of Section 3. All pcrsous spccifically referred to, and 

under special to or for wliom statc aid is paid under any special act 
or resolve passed since the first day oi June ni the 3'^ear 
eighteen hundred and seventy-nine, or to or for w^hom 
state aid was then being paid under any special act or 
resolve then repealed, shall be held to belong to the first 
or second classes under this act, — namely, soldiers and 
sailors to the first class, and dependent relatives of sol- 
diers and sailors to the second class, — notwithstanding 
the limitations of such classes ; and state aid may l)e paid 
to or for such persons in the manner and under the same 
limitations that it is paid to or for other persons of their 

Provisos. respective classes under this act : provided, that no aid 

shall be paid to or for any person under this section con- 
trary to any limitation or condition expressed in the origi- 
nal special act or resolve authorizing state aid to be paid to 
or for such person. All special acts and resolves granting 
state aid are hereby repealed, except so far as they author- 
ize the payment of military aid, as provided in section 
eleven of an act entitled ' ' An act relative to military aid ", 
of the acts of the current year: provided, that this section 
shall not be held to apply to any special act or resolve 
specifically granting a fixed amount or an annual sum to 
any soldier or sailor or the dependent relative of any sol- 
dier or sailor for life or a term therein specified. 

Limit of Section 4. No state aid shall be paid under this act 

amounts to./. /»j_i/'j_ij_ j 

be paid. to or tor auy pcrsou 01 the nrst class to an amount ex- 

ceeding three fourths of the monthly amount of his pen- 
sion, nor more than six dollars in any one month ; and if 
pensioned as a commissioned officer he shall only be paid 
such proportion of state aid as he would be entitled to 
receive if his pension were based upon the rank of a pri- 
vate. No state aid shall be paid under this act to or for 
any person of the second, third or fourth classes to an 
amount exceeding four dollars in any one month ; and no 



Acts, 1894. — Chap. 301. 30a 

more than eight dollars shall be paid to or for all the de- 
pendent relatives of any one soldier or sailor in any one 
month. 

Sectiox 5. All aid furnished under this act shall be Assignments 
paid to or for the persons for whom it is intended, for their °°''''''^'^- 
future benefit, and no assignment thereof shall be valid or 
recognized, and it shall not be subject to trustee process. 
No back state aid shall be paid. No greater sum shall Back state aid 
be paid to or for any person under this act than shall be °°' '** ^^ ^'"^' 
necessary to furnish such person reasonable relief; and 
no aid shall be paid under its provisions to or for any per- 
son competent to support himself or herself, or in receipt 
of income or in ownership of property sutEcient for his or 
her own support, nor to or for any person more than is 
necessary in addition to the income and property of such 
person for his or her personal relief; and no aid shall be 
paid under this act to any person not in such necessitous 
circumstances as to require further public assistance. No no aid to be paid 
aid shall be paid under this act to or for any pensioner or ^HsTg^rom*''^ 
dependent relative when the necessity therefor arises from r^i?^l^' ^"^•' 
the continuance in vicious or intemperate habits of said 
pensioner or of the soldier or sailor on whose account the 
same is paid. No aid shall be paid under this act to or 
for any person convicted of any criminal offence unless or 
until the municipal authorities and the commissioners of 
state aid otherwise determine. No person shall be eligible 
to receive aid under this act as a worthy person who shall 
have been dishonorably discharged from any national sol- 
diers' or sailors' home, or from the soldiers' home in Mas- 
sachusetts, unless the commissioners of state aid, after 
hearing, shall decide otherwise. 

Seotiox (>. Persons making application for aid in any statement to 
city or town under this act shall as a basis for the first un^er'^ath?^' 
payment thereof state in writing, under oath, the age and 
residence of the party for whom such aid is sought, the 
relation of the applicant for aid to the party who rendered 
the service for which aid is asked, the company and regi- 
ment, or the vessel, if any, in or to which the oflScer, sol- 
dier or sailor enlisted or was appointed and in which he 
last served ; the date and place of such enlistment, when 
known ; the duration of such service and the reason upon 
which the claim for aid is founded ; and furnish such offi- 
cial certificates of record, evidence of enlistment, service 
and discharge, as maybe required. Municipal authorities 



304 



Acts, 1894. — Chap. 301. 



Original papers 
to be filed with 
commissioDers. 



CommisBioners 
to be a board 
of appeal. 



T^xpenses. 



Returns to be 
made to com- 
missioners, 
under oath. 



granting to such applicant any sul^sequent aid shall from 
time to time make such investigation into the necessities 
of said applicant and the facts of the case as to preclude 
any payment thereof contrary to the terms of this act. 
The original papers in each case shall be filed with the 
commissioners of state aid. It shall be the duty of the 
commissioners to furnish from time to time to each city 
and town a sufficient number of blank forms for the use 
of applicants for aid under this act. 

Section 7. The commissioners of state aid shall con- 
stitute a board of appeal for invalid pensioners, to decide 
upon all disputed questions relating to claims for aid aris- 
ing between them and the municipal authorities under this 
act. Their decisions shall be final upon the points in 
question. Said commissioners may, upon appeals, decide 
or refuse to decide upon the necessity of the claimant for 
the aid ; and if they shall decide upon that question, and 
that he is in all respects entitled to aid under this act, 
they may authorize its monthly payment to him according 
to this act, under such limitations as they may impose, 
for a term not exceeding one year, but not after this act 
shall become void. Said commissioners shall investigate 
all payments of state aid under this act so far as the inter- 
ests of the Commonwealth may require. They may, with 
the consent of the governor, appoint, as occasion may 
require, one or more disinterested persons, whose duty it 
shall be to investigate any claim or claims made against 
the Commonwealth for reimljursement under this act, who 
may examine any persons to or for whom state aid has 
been paid under this act, and investigate the reasons there- 
for and all matters relating to the granting of such aid, 
and shall report, his or their doings to said commissioners. 
The reasonable expenses of the commissioners and the 
expenses and compensation of any such disinterested per- 
son, approved b}' said commissioners and allowed by the 
governor and council, shall l)e paid from the treasury of 
the Commonwealth. 

Section ^. When any sum shall have been expended 
under and according to this act, the full amount so ex- 
pended, the names of the persons aided and the classes 
to which they severally belong, and the several sums paid 
to or for each person and the reasons for the expenditure 
in each case, and the names of the persons on account of 
whose services the aid was granted, and the names of the 



Acts, 1894. — Chap. 301. 305 

regiments and vessels, if any, in which they respectively 
enlisted and in which they last served, and the relation- 
ship of each dependent relative aided to the person on 
account of whose services the aid was granted, with such 
other details as the commissioners of state aid may re- 
quire, shall be certified under oath to said commissioners 
in a manner approved by them, by the mayor, treasurer 
and city clerk of any city or by a majority of the select- 
men of any town disbursing the same, within ten days 
after the first day of the month next after the expenditure 
is made ; and the commissioners of state aid shall examine 
the certificates thereof and allow and endorse upon the 
same such sums as in their judgment have been paid and 
reported according to this act, and transmit the same to 
the auditor. In the allowance of said commissioners they Allowances by 
may consider and decide upon the necessity of the amount commissioners. 
paid in each case, and they may allow any portion thereof 
which they may deem proper and lawful, but they shall 
allow and endorse the sums they have specifically author- 
ized to be paid under and according to their decisions 
authorized and provided for by section seven. The sums 
legally paid as aforesaid and so allowed and endorsed by 
said commissioners shall be reimbursed from the treasury 
of the Commonwealth to the several towns and cities ex- 
pending the same, on or before the first day of December 
in the year next after the year in which the same have 
been paid, but none of the expenses attending the pay- 
ment of state aid shall be reimbursed. 

Section 9 . The provisions of this act shall continue in to be in force 
force until the first day of January in the year nineteen i9°oo. *°" ' 
hundred and no longer, and so far as they are the same as 
those of existing laws shall be construed as a continuation 
thereof: ^;roi;tVZefZ, however^ that such provisions of this Proviso, 
act as relate to the settlement of accounts for payment 
of aid rendered by cities and towns previous to said date, 
and to reimbursement therefor, shall continue in force one 
year and no longer after said date. No special act or re- 
solve hereafter passed granting state aid to persons therein 
named, or their dependent relatives, shall continue in force 
after the date first named in this section unless other^ase 
expressly provided. But the expiration of this act shall 
not be held to revive any act or resolve, or any part 
thereof, in this act repealed. 

Section 10. Chapter three hundred and one of the acts Repeal. 



306 



Acts, 1894. — Chap. 302. 



To take effect 
June 1, 1894. 



of the year eighteen hundred and eighty-nine entitled " An 
act providing for the payment of state aid ", is hereby re- 
pealed, but the provisions of this act shall be construed, 
so far as they are the same as those of laws now exist- 
ing, as a continuation thereof. Chapter eight^^-four of the 
resolves of the year eighteen hundred and ninety-two is 
hereby repealed. 

Section 11. This act shall take effect on the first day 
of June in the year eighteen hundred and ninety- four. 

Approved April 23, 1894. 



CJlCtV.30^ -^^ -^^^ '^^ ABATE THE NUISANCE CAUSED BY THE DAM ON LITTLE 

KIVER IN THE CITY OF LYNN. 



Nuisance caused 
by dam on 
Little river to 
be abated. 



Damages. 



Subject to 
approval of har- 
bor and land 
commissioners. 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. The city of Lynn, through its board of 
health or such other agency as said city may determine, 
shall cause the nuisance occasioned by the dam of the 
Butman mill on Little river to be abated, and for such 
purpose may acquire entire control of any rights in the 
two streams known as Strawberry and Stony brooks, and 
may from time to time within three years fi"om the passage 
of this act take by purchase or otherwise any mill rights, 
dams or rights of flowage, and such land as may be neces- 
sary for the purposes of this act, and may alter, widen, 
deepen and straighten the channel of said water courses 
and remove obstructions therefrom. 

Section 2. In taking water rights or lands for the pur- 
poses aforesaid, said city shall proceed in the manner pro- 
vided by law in case of the taking of land for ways in said 
city, and persons suffering damages in their property shall 
have the same rights and remedies for the ascertainment 
and recovery of such damages as are provided by law for 
the ascertainment and recovery of damages for land taken 
for such ways. 

Section 3. All improvements made by the city of Lynn 
under this act, involving constructions in tide water, shall 
be subject to the approval of the board of harbor and land 
commissioners. 

Section 4. All acts and parts of acts relating to fish- 
eries in Strawberry or Stony brooks, or in connection with 
the dam of said Butman mill, are hereby repealed. 

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

Approved April 23, 1894. 



Acts, 1894. — Chaps. 303, 304:. 307 



Ak Act relative to probate accounts of administrators. (JhQ'n QQS 

Be it enacted, etc., as foUows : 

Section 1. When an administrator has paid or deliv- Decrees in cer- 
ered over to a widow, husband or heir-at-law any money acc"oSn^tro°' 
or other property in his hands, without a previous order "dministrator. 
of court, and thereafter renders an account with a full and 
detailed statement thereof, verified by his oath, if, after 
such notice to all persons interested as the coui-t may 
order, it appears that the persons to whom such payment 
of money and delivery of property were made would 
have been entitled to an order of court for such payment 
and delivery of property, and that such account ought to 
be allowed, a decree may be made accordingly, and shall 
have the same effect to discharge and exonerate the ac- 
countant and his sureties from further liability as if such 
payment and delivery had been made under a previous 
order of the probate court. 

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

Apjoroved April 23, 1894. 

An Act to prevent double taxation of certain machinery. /~ij QOi. 
Be it enacted, etc., as foUoivs: 

Section 1. Where, under claim of ris-ht, two munici- to prevent 

,... •ji»ji'/'-( 1,1 111'" n . double taxation 

palities withm this Commonwealth shall assess lor taxation of certain 
the same machinery, the machinery being located in one 
municipality and being claimed by that municipality to be 
employed in some branch of manufactures, and the owner 
thereof being an inhabitant of the other municipality, and 
said other municipality claiming that the machinery is not 
employed in any branch of manufactures, the owner of the 
machinery may pay to the city or town in which the same 
is located the tax levied thereon, and upon producing to 
the tax collector of the place of which such owner is an 
inhabitant suitable evidence that he has paid such tax he 
shall be relieved from the payment of a tax thereon in the 
place of his residence ; but the municipality of which such 
owner is an inhabitant may institute suit against the other 
municipality for the recovery of the tax so paid to it, and, 
if it prevail in such suit, it shall recover also the costs of 
suit against said other municipality. 

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

Approved April 23, 1894. 



machinery. 



308 



Acts, 1894. — Chaps. 305, 306. 



Salary may be 
continued, etc. 



(yjian.305 -^ ■^^'^ relating to the salary of CLARK JILLSON, JUSTICE OP 
THE FIRST DISTRICT COURT OF SOUTHERN "WORCESTER. 

Be it enacted, etc., as folloivs : 

Section 1 . The board of county commissioners of the 
county of Worcester is hereby authorized, in its discretion, 
to pay out of the treasury of the county to Clark Jillson 
of Worcester, upon his resignation of the office of justice 
of the first district court of southern Worcester, an amount 
equal to one year's salary of such justice. 

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

Approved April 23, 1894. 



THE TRUSTEES OF THE STICKNEY FUND. 



Trustees of 
Stickney Fund 
incorporated. 



C%ai>.306 "^^ ^^"^ '^'^^ INCORPORATE 

Be it enacted, etc., as'follows : 

Section 1. John D. Long, president of the Pilgrim 
Society of Plymouth, Charles B. Stoddard, treasurer of 
the said Pilgrim Society and president of the Plymouth 
National Bank, William S. Danforth, secretary of said 
Pilgrim Society and president of the Plymouth Savings 
Bank, William S. Morrissey, president of the Old Colony 
National Bank, Arthur Lord, chairman of the selectmen of 
the town of Plymouth, and Benjamin W. Harris, the judge 
of the court of probate for the county of Plymouth, named 
as trustees by and under the will of J. Henry Stickney, 
late of Baltimore in the state of Llaryland, deceased, and 
their successors in the said official positions now held by 
them respectively, are hereby made a corporation by the 
name of the Trustees of the Stickney Fund, for the pur- 
poses of holding and expending said fund as provided in 
said will with greater facility and security, and with all 
the powers and privileges and subject to all the restric- 
tions, duties and liabilities set forth in the general laws 
which now are or hereafter may be in force applicable to 
such corporations, not inconsistent with the provisions of 
said will. 

Section 2. Said corporation is authorized to take the 
sums devised and bequeathed to said trustees by said will ; 
and after the organization of said corporation the parties 
named as such trustees in said will are authorized to trans- 
fer to said corporation all the funds by them received under 
said will. Said trustees and their successors shall have 



To take sums 
bequeathed to 
trustees, etc. 



Acts, 189i. — Ghap. 307. 309 

power to make all proper by-laws, both for their own gov- 
ernment and the orderly transaction of their business, 
and generally to do all things necessary or proper to be 
done for the purpose of carrying into effect the provisions 
of said will relating to said trustees and the provisions of 
this act. 

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

Approved April 23, 1894. 



Chap.^Ol 



An Act relative to the maintenance and operation of the 
metropolitan sewerage system. 

Be it enacted^ etc. , as folloivs : 

Section 1. To meet the expenses incurred under the Metropolitan 
provisions of chapter four hundred and thirty-nine of ®^®'''*^^ 
the acts of the year eighteen hundred and eighty-nine the 
treasurer and receiver general shall, with the approval 
of the governor and council, issue from time to time scrip 
or certificates of debt, in the name and behalf of the Com- 
monwealth and under its seal, to an amount not exceeding 
five hundred thousand dollars, for a term not exceeding 
thirty-six 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 exceeding 
four per cent, per annum payable semi-annually on the 
first days of March and September in each year. Said 
interest and scrip or certificates shall be payable, and when 
due shall be paid, in gold coin or its e(|uivalent. Said 
scrip or certificates of debt shall be designated on their 
face as the Metropolitan Sewerage Loan, shall be counter- 
signed by the governor, and shall be deemed a pledge of 
the faith and credit of the Commonwealth, redeemable at 
the time specified therein in gold coin or its equivalent, 
and 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 rate of interest, not exceeding 
four per cent, per annum, as the governor and council shall 
deem for the best interests of the Commonwealth. Any sinking fund. 
scrip or certificates of debt issued under the provisions of 
this act shall be considered as an addition to and shall be- 
come a part of the loan authorized by said chapter four 
hundred and thirty-nine, and the sinking fund established 
under the provisions of said chapter shall be a sinking 
fund for the extinguishment of the debt authorized by this 



310 Acts, 1894. — Chap. 307. 

act, said fund to be increased in the following manner : — 
The treasurer and receiver general shall from year to year, 
beginning with the year eighteen hundred and ninety-four, 
apportion to said sinking fund an amount sufficient with 
its accumulations to extinguish the debt at maturity, and 
in making the assessment for the increase of said sinking 
fund, upon the several cities and towns liable thereto, one 
forty-eighth part of the whole amount shall be assessed in 
each of the first six years, Ijeginning with the year eight- 
een hundred and ninety-four ; one sixtieth part in each of 
the next ten years, beginning with the year nineteen hun- 
dred ; one thirtieth part in each of the next ten years, be- 
ginning with the year nineteen hundred and ten ; and the 
remainder shall be equally divided in the next ten years, 
beginning with the year nineteen hundred and twenty. 
fcrip 1^6°^?- -A-iiy premium realized from the sale of said scrip or cer- 
of'lnt'eresu"^"*' tificates of debt shall be applied to the payment of the 

interest on said loan as it accrues. 
Proportions to Section 2. Each of the cities and towns hereinafter 
tain cities and " named shall, in the year eighteen hundred and ninety- 
four and also in the year eighteen hundred and ninety- 
five, pay money into the treasury of the Commonwealth to 
meet the interest and sinking fund requirements for each 
of said years, as estimated by said treasurer, in the follow- 
ing proportions, to wit: — Arlington, two and forty-five 
one hundredths per cent. ; Belmont, one and fifty-three 
one hundredths per cent. ; Boston, twenty and forty-five 
one hundredths per cent. ; Cambridge, twenty-seven and 
eighty-seven one hundredths per cent. ; Chelsea, eight and 
forty-six one hundredths per cent. ; Everett, three and ten 
one hundredths per cent. ; Maiden, seven and forty-seven 
one hundredths per cent. ; Medford, four and ninety-four 
one hundredths per cent. ; Melrose, two and sixty-five one 
hundredths per cent. ; Somerville, twelve and eighty-three 
one hundredths per cent. ; Stoneham, one and thirty-three 
one hundredths per cent. ; Winchester, one and ninety- 
nine one hundredths per cent. ; Winthrop, one and thirty- 
two one hundredths per cent. ; Woburn, three and sixty- 
one one hundredths per cent. 
Appointment of Section 3. The Supreme iudicial court sitting in equity 

commissioners i ' .^ » i c/ 

to determine shall ou the application of the board ot metropolitan sew- 

amuunts to be ■ . '^ J- , . . -, j^ • j^i • i j. 

paid by cities cragc commissioncrs, made to said court m the yeareignt- 
and towns, etc. ^^^ hundred and ninety-five, after notice to each of the 



Acts, 1894.— Chap. 307. 311 

cities and towns named in said chapter four hundred and 
thirty-nine, appoint three commissioners, who shall not be 
residents of any of the cities or towns mentioned in said 
chapter, who shall, after due notice and hearing and iu 
such manner as they deem just and equitable, determine 
for each system established by said chapter the proportion 
in which each of the cities and towns therein named shall 
annually pay money into the treasury of the Common- 
wealth for the term of five years next following the year 
eighteen hundred and ninety-five, to meet the interest and 
sinking fund requirements for the said five years, as esti- 
mated by said treasurer, and 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 b}^ said court the same shall be a 
final and conclusive adjudication of all matters herein re- 
ferred to said commissioners and shall be binding on all 
parties. 

Sectiox 4. Before the expiration of said term of five commissioners 
years, and every five years thereafter, other commission- eve^ry a^ve^yeats. 
ers, who shall not be residents of any of the cities or 
towns mentioned in said chapter, shall be appointed as 
aforesaid, upon application of said board as aforesaid, who 
shall in such manner as they deem just and equitable de- 
termine the proportion in which each of said cities and 
towns in each of said systems shall annually pay money 
into the treasury of the Commonwealth as aforesaid for the 
next succeeding term of five years, 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. 

Section 5. The amount of money required each year Amount re- • 
from each city and town named in said chapter four hun- 680^011/ and 
dred and thirty-nine, to meet the interest, sinking fund ^^16(1 by u^lll". 
requirements and cost aforesaid for that system in which "''«''' «*<=• 
in said act it is included for each year, and deficiency, 
if any, shall be estimated by said treasurer 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 3'ear notify each such city and town of the 



312 Acts, 1894. — Chaps. 308, 309. 

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 payment and as a part of its 

state tax. 

fu'cucr^court Section 6. The supreme judicial court shall have ju- 

to determine risdictiou iu cqulty to enforce the provisions of this act, 

commissfone^s! and shall fix and determine the compensation of all com- 

^"'" missioners appointed by said court under the provisions 

hereof. 

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

Approved April 23, 1894. 



ChCtV'SOS ^^ ^'^'^ ^*^ PROVIDE FOR AN ADDITIONAL ASSOCIATE JUSTICE OF 
THE MUNICIPAL COURT OF TUE CITY OF BOSTON. 

Be it enacted, etc., asfoUoivs: 
Additional 3880- Section 1. There shall be appointed in the manner 

ciate justice of •ini i •• it- i 

municipal court providcd by the constitution one additional associate ius- 
tice of the municipal court of the city of Boston, who shall 
be paid in the manner provided by law the salary estab- 
lished by law for an associate justice of said court ; so 
that the said court shall be composed of one chief justice, 
five associate justices and one special justice. 

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

Approved Aprril 26, 1894. 



Chap.309 



An Act relative to the venue of actions for the recovery 
of damages done by dogs. 



Be it enacted, etc., asfoUoivs: 
Person ap- Section 1. A pcrson appointed by the county com- 

pointed may . . i i j.i • • x? u.- 

bring suit in his missionci's ot any county, under the provisions or section 
cr8e8°of"damage fivc of chapter four hundred and fifty-four of the acts of 
done by dogs, ^^iq year eighteen hundred and eighty-nine, to investigate 
cases of damage done by dogs, may bring the suits which 
he is authorized by said section to bring against the own- 
ers or keepers of dogs, in his own name and in the county 
in which he resides. 
To^appiy to all Section 2. This act shall apply to all suits hereafter 
brought, etc. brought, wliethcr for damages done before or after its 
passage. 

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

Ap2)roved April 26, 1894. 



Acts, 1894. — Chaps. 310, 311. 313 



An Act to authorizp: tiik town ok hillerica to incur in- r//,//^^ 31 Q 

DEBTEDNESS BEYOND THE LIMIT FIXED BY LAW, EOK A TOWN "^ 

HALL BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The town of Billerica, for the purpose of May incur 
acquiring land for a new town hall building and for erect- issue bonds, etc. 
ing and furnishing said building, may incur indebtedness 
not exceeding thirty thousand dollars, and may issue nego- 
tiable bonds or certificates of indebtedness therefor, and 
may renew the same from time to time : provided, that in Proviso. 
no event shall the time for the payment of the same or any 
part thereof be extended beyond the period of twenty-five 
years from the passage of this act. 

Section 2. The indebtedness incurred under this act ^"°4° ^« , . 

•11 1 1 ' t ' • considered in 

shall not be considered or reckoned in determmmg the determining 
authorized limit of indebtedness of the town of Billerica 
under the provisions of section four of chapter twenty- 
nine of the Public Statutes. 

Section 3. Except as herein otherwise provided the p. s. 29 and 
provisions of said chapter twenty-nine, and of chapter piy, 'etc' °^^' 
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. 

Section 4. This act shall take efi^ect when accepted by a when to take 
two thirds vote of the legal voters of the town of Billerica ^ 
present and voting thereon at a meeting called for that 
purpose. Apiyroved April 26, 1S94. 



CAap.311 



An Act relative to the reclaiming of certain marsh lands. 
Be it enacted, etc., as foHoivs : 

Section 1 . The board of harbor and land commission- Tide water may 

, . /, . 1 /> J 1 J J I'e excluded 

ers may license any one or more 01 the owners 01 the tract from certain 

of marsh land hereinafter described in this section, to build '"'^'^^ ''*"''''■ 

the necessary structures for the purpose of excluding the 

tide water, so as to reclaim said marsh lands, subject to 

the provisions of chapter nineteen of the Public Statutes. 

The lands to which this section is applicable shall include 

all that tract of marsh land situated partly in the towns of 

Revere and Winthrop and partly in that part of Boston 

called East Boston, and bounded as follows : northerly in 

part by Winthrop avenue in Revere and in part by that part 

of Revere called Beachmont, easterly in part by the town 



314 



Acts, 1894. — Chaps. 312, 313. 



Damage caused 
by interference 
with drainage 
of Revere. 



of Revere and in part hy the town of Winthrop, southerly 
in part by that part of East Boston called Orient Heights 
and in part by the town of Winthrop, and westerly by the 
eastern branch of the Boston and Maine railroad. 

Section 2. The party or parties applying for such li- 
cense shall be liable to pay all damages sustained by any 
person in his property in carrying into effect the work 
done under the license, and such damage may be assessed 
in the manner provided by law in respect to land taken 
for highways ; and in determining the damage there shall 
be set off against the same the jjenefit, if any, to the prop- 
erty of the person claiming damage. 

Section 3. If by any act done under such license the 
existing drainage system of the town of Revere is in any 
way interfered with so as to create a nuisance, as adjudged 
by the state board of health, the licensee shall pay to said 
town the damage caused thereby, and upon failure of such 
licensee so to do said town may recover such damages of 
said licensee in an action of tort. 

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

Approved April 26, 1S94. 



(JJiap.312 ^^ -^CT TO ESTABLISH THE RANK AND PAY OF CERTAIN OFFICERS 

IN THE NAVAL BRIGADE. 



Rank and pay of 
certain officers 
in the naval 
brigade. 



Be it enacted,^ etc., asfoUoius: 

Section 1. The surgeon in the naval brigade shall 
have the rank and pay of lieutenant commander, corre- 
sponding with the rank of major. The paymaster in the 
naval brigade shall have the rank and pay of lieutenant, 
junior grade, corresponding with the rank of first lieu- 
tenant of infantry. 

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

Ajyjyroved April 27, 1894, 



Chap.313 ^^ ^CT TO AUl 



Construction of 
bridge across 
Ipswich river. 



;thorize the county commissioners of the 
county of essex to pay a portion of the expense of 
rebuilding green street bridge in the town of ipswach. 

Be it enacted, etc., asfolloius: 

Section 1. The county commissioners of the county 
of Essex shall allow and order to be paid from the treas- 
ury of said county two thousand five hundred dollars, 
towards the cost of the construction of an arch bridge 



Acts, 1894. — Chaps. 314, 315, 316. 315 

across the Ipswich river at the foot of Green street in said 
Ipswich to replace the present wooden bridge. 

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

Apjjrovecl April 27, 1894. 

Ax Act authorizing advances to the sergeant-at-akms /-r? o-i^ 

FROM the treasury OF THE COMMONAVEALTH. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. There may be advanced to the sergeant- Advances to ser- 
at-arms, under the provisions of chapter one hundred and ^^^'^'■*'"^''™^- 
seventy-nine of the acts of the year eighteen hundred and 
eighty-four, to meet the necessary and legitimate expen- 
ditures made by him in behalf of the Commonwealth for 
committees of the legislature while travelling under order 
of the general court, an amount not exceeding two thou- 
sand dollars at any one time. 

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

Approved April 27, 1894. 

An Act to lessen the burden of taxation upon certain (JJinjj Q1 /t 

DISABLED soldiers AND SAILORS. ^ 

Be it enacted, etc., as folloivs : 

Section 1. The property, to the amount of two thou- Portion of prop- 
sand dollars, of every soldier or sailor who served in the soidiers'^and"^ 
army or navy of the United States in the war of the rebel- exempt^from 
lion, and was honorably discharged therefrom, and who taxation. 
was disabled in such service by the loss of a hand, arm, 
foot or leg, shall be exempt from taxation to the amount 
of said sum on the property owned in the city or town in 
which he resides, and who has lost the use of a hand, arm, 
foot or leg by reason of disabilities incurred in said ser- 
vice or otherwise. 

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

Approved April 27, 1894. 

An Act to authorize gas and electric light companies to rcUf^,^ q-i/^ 

DISCONTINUE SERVICE FOR NON-PAYMENT OF CHARGES. ^ ' 

Be it enacted, etc., as follows : 

Section sixteen of chapter sixty-one of the Public Stat- p. s.ei, §i6, 
utes is hereby amended by inserting after the word " gas", ^""^^ 
in the first line, the words : — or electric light, — by strik- 
ing out in the third line, the word " gaslight", and insert- 



316 Acts, 1894. — Chap. 317. 

ing in place thereof the words : — gas or electric light, — ■ 
by inserting after the word " gas", in the fourth line, the 
^ords : — or electric light, — by inserting after the word 
" pipes", in the ninth line, the word : — wires, — and by 
striking out the words " or pipes", in the tenth line, and 
inserting in place thereof the words : — pipes or wires, — 
Gas or electric so as to read as follows: — Section 16. If any person 
dfscomfJued supplied with gas or electric light neglects or refuses to 
feiirto payT^*^ pay the amount due for the same or for the rent of the 
meter or other articles hired by him of the gas or electric 
light company, such company may stop the gas or electric 
light from entering the premises of such person. In such 
cases the officers, servants, or workmen of the company 
may, after twenty-four hours' notice, enter the premises 
of such person between the hours of eight in the forenoon 
and four in the afternoon, and separate and take away 
such meter or other property of the company, and may 
disconnect any meter, pipes, wires, fittings or other works, 
whether the property of the company or not, from the 
mains, pipes or wires of the company. 

Approved April 27, 1894. 

Chap.SVI -^ -^CT REVISING AND CONSOLIDATING THE STATUTES RELATING TO 
SAVINGS BANKS AND INSTITUTIONS FOR SAVINGS. 

Be it enacted, etc., asfoUoivs: 

o°Ta™ing9°°^'^^ Section 1. The board of commissioners of savings 
banka, appoint- })anks sliall cousist of tlirce commissioners appointed by 

ment, tenure of • i i i • i p i •! 

office, etc. the governor, with the advice and consent of the council, 
subject to removal in like manner, each of whom shall be 
sworn and shall hold office for the term of three years, 
unless sooner removed. Upon the occurrence of a vacancy 
before the expiration of a term an appointment shall be 
made for the remainder of the term. The governor shall 
designate a member of said board to be the chairman 
thereof. 

Compensation SECTION 2. The auuual Salary of the chairman of the 

and alio wancee. - niiii i,^i niin ij_j? 

board shall be three thousand nve hundred dollars, that of 
the other commissioners three thousand dollars each. The 
board may employ two clerks ; the annual salary of the 
first clerk shall be two thousand dollars, that of the second 
clerk one thousand two hundred dollars. The board shall 
also be allowed its necessary office expenses and the actual 
expenses incurred in travelling in the discharge of its offi- 
cial duties. 



Acts, 1894. — Chap. 317. 317 

Section 3. The commissioners, or one of them, shall ^^i^ne'ev°ry^'^' 
visit once in every year, and as much ofteuer as they deem bank annually. 
expedient, every savings bank and institution for sav- 
ings incorporated by authority of this Commonwealth, and 
when such institutions are connected with a national bank 
they shall make such arrangements with the national bank 
examiner, if possible, that their visits shall be simultane- 
ous. At such visits they shall have free access to the 
vaults, books and papers, and shall thoroughly inspect 
and examine all the atiairs of each of said corporations, 
and make such inquiries as may be necessary to ascertain 
its condition and ability to fulfil all its engagements, and 
whether it has complied with the provisions of law. They 
shall preserve in a permanent form a full record of their 
proceedings, including a statement of the condition of 
each of said corporations. 

Section 4. Either of the commissioners may summon May summon 
all trustees, officers or agents of any such corporation, officer^.'etc^; 
and such other witnesses as he thinks proper, in relation gt';uc'une°co°n- 
to the affairs, transactions and condition of the corpora- missioner, etc. 
tion, and for that purpose may administer oaths ; and 
whoever refuses, without justifiable cause, to appear and 
testify when thereto required, or oljstructs a commissioner 
in the discharge of his duty, shall be punished by fine not 
exceeding one thousand dollars, or imprisonment not ex- 
ceeding one year. 

Section 5. Upon the certificate under oath of any five to examine 
or more ofiicers, trustees, creditors or depositors of any of five'officerr* 
such corporation, setting forth their interest and the rea- °'^"^*^''°'"®'®'*'- 
sons for making such examination, directed to the commis- 
sioners and requesting them to examine such corporation, 
they shall forthwith make a full investigation of its aflairs 
in the manner before provided. 

Section 6. The commissioners, if upon any examina- Proceedings 

.. , ,. y 1 • 1 j_ 'i -when bank is 

tion any such corporation appears to be insolvent, or its con- iDsoivent, or in 
dition such as to render its further proceeding hazardous condui'i5li°."^ 
to the public or to those having funds in its custody, shall 
apply, or if such corporation appears to have exceeded its 
powers or failed to comply with any rule, restriction or 
condition provided by law, they may apply to a justice of 
the supreme judicial court to issue an injunction restrain- 
ing such corporation, in whole or in part, from further 
proceeding with its business until a hearing can be had. 
Such j[ustice may, with or without previous notice, issue 



318 



Acts, 1894. — Chap. 317. 



Schedule of 
property to be 
made and de- 
livered to re- 
ceivers, etc. 



Commissionera 
to examine 
accounts, etc., 
of receivers 
aunually. 



To report vio- 
lations of law. 



To report vio- 
lations of law 
by receivers. 



Powers and 
duties of 
savings banks 
and Institutions 
for savings. 



such injunction, and, after a full hearing, may dissolve or 
modify it or make it perpetual, and may make such orders 
and decrees according to the course of proceedings in 
equity to restrain or prohibit the further prosecution of 
the business of the corporation as may be needful in the 
premises ; and may appoint one or more receivers to take 
possession of its property and effects, subject to such di- 
rections as may from time to time be prescribed by the 
court or a justice thereof. 

Section 7. When receivers are so appointed the treas- 
urer of the corporation shall make a schedule of all its prop- 
erty ; and its treasurer, board of investment, and other 
officers transferring its property to the receivers shall 
make oath that said schedule sets forth all the property 
which the corporation owns or is entitled to. The treas- 
urer shall deliver said schedule to the receivers and a copy 
thereof to the commissioners, who may at any time exam- 
ine under oath such treasurer, board of investment, or other 
officers, in order to determine whether or not all the prop- 
erty which the corporation owns or is entitled to has been 
transferred to the receivers. 

Section 8. The commissioners, or one of them, shall 
at least once in every year, and as much oftener as they 
deem expedient, examine the accounts and doings of all 
said receivers ; and shall carefully examine and report 
upon all accounts and reports of receivers made to the 
supreme judicial court and referred to the commissioners 
by the court ; and, for the purposes of this section, shall 
have free access to the books and papers relating to the 
transactions of such receivers, and may examine them 
under oath relative to such transactions. 

Section 9. The commissioners, if in their opinion any 
such corporation or its officers or trustees have violated any 
law in relation to savings banks or institutions for savings, 
shall forthwith report the same, with such remarks as they 
deem expedient, to the attorney-general, who shall forth- 
with institute a prosecution for such violation in behalf of 
the Commonwealth. 

Section 10. The commissioners, whenever in their 
opinion any such receiver has violated his duty, shall pre- 
sent the facts to the supreme judicial court. 

Section 11. All savings banks or institutions for sav- 
ings, incorporated under the authority of this Common- 
wealth, may exercise the powers, and shall be governed by 



Acts, 1894. — Chap. 317. 319 

the rules, and subject to the duties, lial>ilities and provi- 
sions contained in the following sections, so far as the 
same are consistent with the provisions of their respective 
charters ; and any such corporation may, by vote at its 
annual meeting or at a meeting called for the purpose, 
accept any provision of said sections which is inconsistent 
with its charter. 

Section 12. The general court may make other or General court 
further regulations for the government of such corpora- ther regulations, 
tions, or may take away their corporate powers ; and ^^'^' 
every such corporation and its oflScers shall be suljject to 
examination by any committee of the general court ap- 
pointed for the purpose, who may examine into the doings 
of the corporation, and shall have free access to its books 
and vaults. An officer of such corporation, or other per- Penalty for 
son having charge of its books and property, who refuses examhJltwn. 
or neglects to exhiljit the same to such committee, or who 
in any way obstructs its examination thereof, shall be pun- 
ished by line not exceeding ten thousand dollars, or im- 
prisonment not exceeding three j'ears. 

Section lo. The officers of every such corporation officers. 
shall consist of a president, one or more vice presidents, 
a board of not less than nine trustees, a treasurer, clerk, 
and such other officers as it may find necessary for the 
management of its alFairs. The president, vice president 
and trustees shall be chosen from the members, and no 
person shall hold any office in two such corporations at 
the same time. Such officers shall be sworn, and shall 
hold their several offices until others are chosen and quali- 
fied in their stead, except in the cases hereinafter provided 
otherwise. 

Section 14. The treasurer shall give bond for the Treasurer to 
faithful discharge of his duties, to the satisfaction of the ^'^^ °° '*°* 
trustees, and shall file with the board of commissioners 
of savings banks an attested copy of his bond, with a cer- 
tificate of the custodian of the bond that the original is in 
his possession. The treasurer shall notify said board of 
any change thereafter made therein. If a treasurer fails, 
within ten days from the date thereof, to file a copy of his 
bond, or to notify the board of any change therein as re- 
quired by this act, he shall be liable to a penalty of fifty 
dollars. The board shall keep a record showing when 
said bonds expire, and the changes so notified, and, when- 
ever in their judgment it is necessary for the security of 



320 



Acts, 1894.— Chap. 317. 



Choice and ap- 
pointment of 
officers. 



Vacancies. 



Clerk to notify 
persona elected, 
and publish list, 



Penalty. 



Special meet- 
ings. 



Jlembers. 



the depositors, shall require a new bond in such amount 
and with such sureties as said board may approve. The 
treasurer of every such corporation shall give a new bond 
as often as once in five years. The provisions of this sec- 
tion shall apply also to vice treasurers and assistant treas- 
urers, if such offices are created under the provisions of 
section thirteen. 

Section 15. The officers of every such corporation, 
except the treasurer, vice treasurer and assistant treas- 
urer, shall be chosen at its annual meetings to be holden 
at such time as the by-laws direct, anything in its char- 
ter to the contrary notwithstanding. The treasurer, vice 
treasurer and assistant treasurer shall be appointed by the 
trustees and shall hold office during their pleasure. If an 
office becomes vacant during the year the trustees may 
appoint a person to fill the same until it is filled at the 
next annual meeting ; and if a person chosen or appointed 
does not, within thirty days thereafter, take the oath, his 
office shall thereupon become vacant. The person acting 
as clerk at such meeting shall, within ten days thereafter, 
notify all persons elected to an office ; and within thirty 
days thereafter shall publish in some newspaper published 
within the county a list of all persons who have taken the 
oath of office to which they were elected. A clerk neg- 
lecting to make such notification or publication, or making 
a false publication, and any person who knowingly pub- 
lishes or circulates, or knowingly causes to be published 
or circulated, a printed notice containing the name of a 
person as an officer of any such corporation who has not 
taken the oath of office, shall be lialjle to a penalty of fifty 
dollars. 

Section 16. Every such corporation may at any time 
hold special meetings by order of its trustees ; and its 
clerk shall also notify special meetings upon the requisi- 
tion in writing of any ten members of the corporation. 
Kotice of all meetings shall be given by public advertise- 
ment in some newspaper of the count}" where the corpo- 
ration is established, and by seasonably mailing to each 
member a written or printed notice of such meeting. 

Section 17. Every such corporation may, at a legal 
meeting, elect by ballot any citizen of this Commonwealth 
to be a member thereof; and any person may, at an an- 
nual meeting, cease to be a member, if he has filed with 
the clerk a written notice of his intention so to do three 



Acts, 1894. — Chap. 317. 321 

months at least before such meeting. If a member fails 
to attend two consecutive annual meetings his membership 
may be declared forfeited by vote of the corporation at its 
next annual meeting. Such action and vote recorded shall 
be considered evidence of forfeiture of membership. Ko 
person shall continue to be a member after removing from 
the Commonwealth. 

Section 18. A regular meeting of the board of trus- Regular meet- 
tees of every such corporation shall be held as often as i^gs of trustees. 
once in three months, for the purpose of receiving the 
report of its treasurer and for the transaction of other 
business. A quorum shall consist of not less than seven Quorum, state- 
trustees, but less than a quorum may adjourn from time tTon^recorda'*/' 
to time or until the next regular meeting. At each regu- ^^'^' 
lar meeting the trustees shall cause to be prepared a state- 
ment showing the condition of the corporation as it appears 
upon its books, in the form of a trial balance of its ac- 
counts, and such statement shall be posted in a conspicu- 
ous place in its banking room, and there remain until the 
next regular meeting of said board. A record shall be made 
at each meeting of the transactions of the trustees and the 
names of those present. K a trustee fails both to attend 
the regular meetings of the board and to perform any of 
the duties devolving upon him as such trustee, for six con- 
secutive mouths, his ofBce shall thereupon become vacant. 
A record of such vacancy shall be entered upon the books 
of the corporation and a transcript of such record" shall 
be sent by mail to the person whose office is thus made 
vacant. The trustees shall cause to be published semi- Names of in- 

,1 . 1 T 1 1 • ji , • vesting o&cers 

annually m some newspaper published in the county in to be pubushed, 
which said corporation is located the names of the mem- 
bers of the board of investment or other officers of such 
corporation charged with the duty of investing its funds. 
The first pul)lication thereof shall be within thirty days 
of the election of said officers and the second publication 
at the expiration of six months therefrom. 

Section 19. Every such corporation shall carry on its Business to be 
usual business at its banking house only, and no deposit L^nki'^nThouse 
shall be received nor payment on account of deposits bo °°'^' ^^°* 
made by such corporation or by any person on its account 
in any other place than at its banking house, which shall 
be in the city or town in which such corporation is es- 
tablished : provided, however, that its annual meeting and P'^o^'so- 
meetings of its trustee^ may be held at other places in the 
city or town where it is located. 



322 Acts, 1894. — Chap. 317. 

^enailTdeposits Section 20. Every such corporation may receive de- 
limited, posits from any person until they amount to one thousand 
dollars ; and may allow interest upon such deposits, and 
upon the interest accumulated thereon, until the principal, 
with the accrued interest, amounts to one thousand six 
hundred dollars ; and thereafter upon no greater sum than 
one thousand six hundred dollars ; but the limitations con- 
tained in this section shall not apply to deposits by relig- 
ious or charitable corporations, or to deposits made in the 
name of a judge of probate court or by order of any court. 
^d^JV^ns^^etc^ Section 21. Deposits and the income derived there- 
from shall 1)6 invested only as follows : — 
of'reare°B?a^te^^^ -FiV.s^. On first mortgages of real estate, situated in this 
Commonwealth, to an amount not to exceed sixty per cent, 
of the valuation of such real estate ; but not exceeding 
seventy per cent, of the whole amount of deposits shall 
be so invested ; and no loan on mortgage shall be made 
except upon the report of not less than two members of 
the board of investment, who shall certify to the value 
of the premises to be mortgaged, according to their best 
judgment, and such report shall be filed and preserved 
with the records of the corporation. 
Public funds. /Second, a. In the public funds of the United States, or 
of any of the New England states, or of the state of Nev/ 
York. 

b. In the bonds or notes of any county, city or town of 
this Commonwealth. 

c. In the bonds or notes of any incorporated district in 
this Commonwealth whose net indebtedness does not ex- 
ceed five per cent, of the last preceding valuation of the 
property therein for the assessment of taxes. 

d. In the bonds or notes of any city of the states of 
Maine, New Hampshire, Vermont, Rhode Island or Con- 
necticut, whose net indebtedness does not exceed five 
per cent, of the last preceding valuation of the property 
therein for the assessment of taxes ; or of any county or 
town of said states whose net indebtedness does not ex- 
ceed three per cent, of such valuation. 

e. In the notes of any citizen of this Commonwealth 
with a pledge of any of the aforesaid securities at no more 
than the par value thereof. 

y. In the legally authorized bonds of the states of Penn- 
sylvania, Ohio, Michigan, Indiana, Illinois, Wisconsin and 
Iowa, and of the District of Columbia, and in the legally 



Acts, 1894 — Chap. 317. 323 

authorized bonds for municipal i:)urposes, and refunding 
bonds issued to take up at maturity bonds which have 
been issued for other than municipal purposes, but on 
which the interest has Ijeen fully paid, of any city of the 
aforesaid states and of the state of New York, which has 
at the date of such investment more than thirty thousand 
inhabitants, as established by the last national or state 
census, or city census, certitied to by the city clerk or 
treasurer of said city and taken in the same manner as a 
national or state census, preceding such investment, and 
whose net indebtedness does not exceed five per cent, of 
the valuation of the taxable property therein, to be ascer- 
tained by the last preceding valuation of property therein 
for the assessment of taxes ; and in the note or notes of any 
citizen of this Commonwealth, with a pledge as collateral 
of any of the aforesaid securities, the amount invested in 
such note or notes not to exceed in any case eighty per 
cent, of the market value of the securities pledged. 

The. term "net indebtedness" in this statute shall be Net indebted- 
construed to denote the indebtedness of any city, town or °''^^' 
district, omitting debt created for supplying the inhabi- 
tants with water, and deducting the amount of sinking 
funds available for the payment of such indebtedness. 

Third, a. In the first mortgage bonds of any railroad notis^efc.'^""^^* 
company incorporated under the authority of any of the 
New England states and whose road is located wholly or 
in part in the same, and which is in possession of and op- 
erating its own road, and has earned and paid regular div- 
idends for the two years next preceding such investment. 

b. In the first mortgage bonds, guaranteed by such rail- 
road company, of any railroad company so incorporated 
whose road is thus located. 

c. In the bonds or notes of ^ny railroad company in- 
corporated under the laws of this Commonwealth and 
whose road is located wholly or in part th^grein, and is 
unencumbered by mortgage and which has paid a dividend 
of not less than five per" cent, per annum for two years 
next preceding such investment. 

d. In the first mortgage bonds of any railroad com- 
pany incorporated under the authority of any of the New 
England states and whose road is located wholly or in 
part in the same, and has earned and paid regular divi- 
dends for the two years next preceding such investment 
on all its issues of capital stock, notwithstanding the road 



324 Acts, 1894. — Chap. 317. 

of such company may be leased to some other railroad 
company. 

e. In the bonds and notes of the Fitchburg Railroad 
Company issued according to law. 

f. In the bonds and notes of the Old Colony Railroad 
Company issued according to law, notwithstanding the 
mortgages on that part of its railroad formerly belonging 
to the Boston, Clinton, Fitchburg and New Bedford Rail- 
road Company. 

g. In the bonds and notes of the Boston and Lowell 
Railroad Corporation issued according to law, notwith- 
standing the mortgages on those portions of its raih-oad for- 
merly belonging to the Salem and Lowell Railroad Company 
and the Lowell and Lawrence Railroad Company. 

li. In the bonds and notes of the Boston and Maine 
Railroad issued according to law, notwithstanding any 
mortgages on that part of its railroad, franchises and prop- 
erty formerly belonging to the Eastern Railroad Company, 
the Eastern Railroad in New Hampshire, or the Ports- 
mouth, Great Falls and Conway Railroad. 

i. In the first mortgage bonds of the Concord and Mon- 
treal Railroad, notwithstanding such company be formed 
by the union of two or more companies, only one of which 
has paid regular dividends for the two years next preced- 
ing such investment on all its issues of capital stock, and 
notwithstandino; the morts^ao-e indebtedness existing on that 
part of its road formerly belonging to the Boston, Con- 
Proviso. cord and Montreal Railroad : provided, Jioicever, that said 

bonds shall be issued in whole or in part to renew and 
refund said existing mortgage indebtedness, and that an 
amount of such bonds equal at the par value to the amount 
of such existing mortgage indebtedness shall, by the terms 
of the mortgage securing the same, be made applicable ex- 
clusively to the payment of such existing mortgage indebt- 
edness and, for the purpose of securing such payment at 
the maturity of the same, shall be deposited with and held 
l)y such trust company, incorporated under the laws of this 
Commonwealth and doing business in the city of Boston, 
as may be approved by the board of commissioners of sav- 
ings banks. 

j. In the bonds of the Maine Central Railroad Com- 
pany, known as the Consolidated Mortgage Bonds, notwith- 
standing the existence of a mortgage indebtedness not ma- 
tured upon the whole or a part of the road of said railroad 



Acts, 1894. — Chap. 317. 325 

company : provided, however^ that said bonds be issued Proviso. 
in whole or in part to renew and refund said existing first 
mortgage indebtedness, and that an amount of such l)onds 
equal at the par value to the amount of such existing mort- 
gage indebtedness shall, by the terms of the mortgage 
securing the same, be made applicable exclusively to the 
payment of such existing mortgage indebtedness ; and for 
the purpose of securing such payment at the maturity of 
the same, said bonds shall be deposited with and held by 
such trust company, incorporated under the laws of this 
Commonwealth and doing business in the city of Boston, 
as may be approved by the board of commissioners of sav- 
ings banks. 

k. In the note or notes of any citizen of this Common- 
wealth with a pledge as collateral of any of the aforesaid 
securities at no more than the par value thereof. 

I. In the note or notes of any citizen of this Common- 
wealth with a pledge as collateral, of shares of the capital 
stock of any railroad company incorporated under the au- 
thority of any of the New England states and whose road 
is located wholly or in part therein and which is in posses- 
sion of and operating its own road and has earned and paid 
regular dividends of not less than five per cent, per annum 
on all its issues of capital stock for five years next preced- 
ing the date of such note or notes, or any renewal thereof, 
and at no more than seventy-five per cent, of the market 
value thereof, such note or notes to be made payable on 
demand and to be paid or renewed within one year of the 
date thereof. 

m. Street railway companies shall not be considered 
railroad companies within the meaning of this section. 

Fourth. In the bonds of the New York and New Eng- Bonds of New 
land Kailroad Company issued according to law, and for EngLnd^R^iir' 
the payment of the principal and interest of which first ^°'-"^ company, 
mortgages, made as provided in chapter three hundred 
and one of the acts of the year eighteen hundred and 
eighty-eight are held as collateral security under an in- 
denture of trust duly made and entered into for that pur- 
pose : provided, that the amount of the bonds so issued Proviso, 
shall not exceed the amount of the mortgages so held in 
trust, and that no one of said mortgages shall exceed in 
amount sixty per cent, of the value of the real estate 
thereby mortgaged ; and no investment in said bonds 
shall be made by any such corporation except upon the 



326 



Acts, 189i. — Chap. 317. 



Bank stocks, 
deposits, etc. 



Loans to 
depositors. 



Personal 
securities. 



report of not less than two members of the board of in- 
vestment, who shall certify to the value of the premises 
covered by each of said mortgages, according to their best 
judgment, and such report shall be filed and preserved 
with the records of the corporation. 

Fifth. In the stock of any bank incorporated under 
the laws of this Commonwealth, or in the stock of any 
banking association located in the New England states, 
and incorporated under the authority of the United States, 
or in the stock of any trust company incorporated under 
the laws of and doing business within this Commonwealth, 
as provided for in chapter four hundred and thirteen of 
the acts of the year eighteen hundred and eighty-eight, or 
of those trust companies incorporated as such by special 
charters granted under the laws of and doing business 
within this Commonwealth, wdiose special charters require 
them to provide the same security as prescribed in sections 
thirteen and fourteen of said chapter four hundred and 
thirteen, or in the notes of any citizen of this Common- 
wealth, with a pledge as collateral of any of the aforesaid 
securities at no more than eighty per cent, of the market 
value and not exceeding the par A^alue thereof: j)i'Ovided, 
that no such corporation shall hold, both by way of in- 
vestment and as security for loans, more than thirty-five 
per cent, of its deposits in the stock of such banks, as- 
sociations or companies, and shall not so hold more than 
three per cent, of its deposits in, nor more than one hundred 
thousand dollars, nor more than one quarter part of the 
capital stock of, any one such bank, association or com- 
pany ; any such corporation may deposit not more than 
five per cent, of its deposits in any one such bank, as- 
sociation or company, but such deposit shall not exceed 
in amount twenty-five per cent, of the capital stock and 
surplus of such depositary. 

Sixth. In loans upon the personal notes of the deposi- 
tors of the corporation, but not exceeding one half of the 
amount of his deposit to a depositor; and in each such 
case the deposit and the book of the depositor shall be 
held ])y the corporation as collateral security for the pay- 
ment of such loan. 

Seventh. If such deposits and income cannot be con- 
veniently invested in the modes hereinbefore prescribed, 
not exceeding one third part thereof may be invested in 
bonds or other personal securities, payable and to be paid 



Acts, 1894. — Chap. 317. 327 

at a time not exceeding one year, with at least two sureties, 
if the principal and sureties are all citizens of this Com- 
monwealth and resident therein : provided, that the total p^'o^wo- 
liabilities to any such corporation, of any person, or of 
any partnership, company or corporation for money bor- 
rowed upon personal security, including in the liabilities 
of a partnership or company not incorporated the liabilities 
of the several members thereof, shall at no time exceed 
live per cent, of such deposits and income. 

Eighth. Fiv^e per cent, of the deposits of any such cor- corporation 
poration, but not exceeding two hundred thousand dollars, site. ^°^ *° 
may be invested in the purchase of a suitable site and the 
erection or preparation of a suitable building for the con- 
venient transaction of its business. 
/ JSfinih. Any such corporation may hold real estate Reai estate 
( acquired by tlie foreclosure of any moi-tgage owned by it, fore"cTo^8ure^, etc. 
' or by purchase at sales made under the provisions of any 
such mortgage or upon judgments for debts due it, or in 
settlements effected to secure such debts ; but all such real 
estate shall be sold by it within five years after the title 
thereof is vested in the corporation : provided, however, Proviso. 
that the board of commissioners of savings banks may, 
upon the petition of the board of investment of any such 
corporation, and for good cause shown, grant an addi- 
tional time for the sale of the same. 

Tenth. The provisions of this act shall not be construed Pledges of 

V ..,.,,. securities as 

to invalidate or in any manner impair the title oi any cor- collateral to 
poration to any securities which have been or may be held 
by it in pledge or as security for a loan or indebtedness ; 
and the same shall be held for the purposes for which they 
were pledged ; and nothing herein contained shall require 
any such corporation to change any of its investments made 
before the first day of October in the year eighteen hundred 
and seventy-six. 

Sectiox 22. No president, treasurer, member of a investing 

.,, 1 1^' J J /v c 1 oflicers not to 

committee or board oi investment, or oincer oi such cor- borrow funds of 
poration charged with the duty of investing its funds, shall become'su^ety. 
borrow or use any portion thereof, be surety for loans to 
others, or in any manner, directly or indirectly, be an ob- 
ligor for money borrowed of the corporation ; and if such 
member or officer becomes the owner of real estate upon 
which a mortgage is held by the corporation, his office 
shall become vacant at the expiration of sixty days there- 
after, unless he has ceased to be the owner thereof, or has 



328 



Acts, 1894. — Chap. 317. 



Not to receive 
brokerage, etc., 
on account of 
loan. 



Penalty. 



Applications 
for loans, etc. 



Guaranty fund 
tobe created and 
maintained. 



Division of net 
profit, etc. 



caused said mortgage to be discharged. Only one of the 
persons holding the offices of president, clerk, and treas- 
urer shall at the same time be a member of the board of 
investment. 

Sectiox 23. No such corporation, nor any person act- 
ing in its behalf, shall negotiate, take or receive a fee, 
brokerage, commission, gift, or other consideration for or 
on account of a loan made by or on behalf of such corpo- 
ration, other than appears on the face of the note or con- 
tract by which such loan purports to be made ; but nothing 
herein contained shall apply to any reasonable charge for 
services in the examination of titles and preparation of 
conveyances to such corporation as security for its loans. 
Whoever violates a provision of this section shall be pun- 
ished by fine of not less than one hundred nor more than 
one thousand dollars. All sums paid for services, fees, or 
otherwise to a member of the board of trustees shall be 
reported in detail at each regular meeting of the trustees. 

Section 24. All applications for loans shall be made 
in writing, through the treasurer of the corporation, who 
shall keep a record thereof, showing the date, name of 
applicant, amount asked for, and the security offered, and 
he shall cause the same to be presented to the board of 
investment. 

Section 25. Every such corporation shall, at the time 
of making each semi-annual dividend, reserve as a guar- 
anty fund, from the net profits which have accumulated 
during the six months then next preceding, not less than 
one eighth nor more than one fourth of one per cent, of 
the whole amount of deposits, until such fund amounts to 
five per cent, of the whole amount of deposits, which fund 
shall be thereafter maintained and held to meet losses in 
its business from depreciation of its securities, or other- 
wise. 

Section 26. The income or profit of every such 
corporation, after a deduction of all reasonable expenses 
incurred in the management thereof, and the amounts re- 
served for the guaranty fund, shall be divided among its 
depositors or their legal representatives at times fixed by 
its by-laws, in the following manner : ordinary dividends 
shall be made every six months, and shall not exceed two 
and one half per cent, on all sums which have l^een on 
deposit for the six months then next preceding, or one 
and one fourth per cent, on all sums which have been on 



Acts, 1894. — Chap. 317. 329 

deposit for the three months then next preceding ; and 
no ordinary dividend shall be declared or paid except as 
above provided, nor upon a deposit of less than three 
months' standing ; and any such corporation may, by its 
by-laws, provide that no dividends shall be declared or 
l^aid on a less sum than three dollars, or on the fractional 
part of a dollar. 

Section 27. If, at the time provided by the by-laws Dividend not to 
for making ordinary dividends, the net profits for the six net^profits are 
months preceding, over and above the sum to be added to per cent?,"" ^'''^ 
the guaranty fund, do not amount to one and one half per except, etc. 
cent, of the deposits, no dividend of the profits shall be 
declared or paid, except such as shall be approved in writ- 
ing by the board of commissioners of savings banks. 

Section 28. Once in every term of three years, if the Estra dividends 
net profits accumulated over and above said guaranty fund """^ ^^" 
and dividends amount to one per cent, of the deposits 
which have remained in such corporation for one year then 
next preceding, such net profits may be divided among 
the depositors whose deposits have remained therein for 
one year at least then next preceding, in proportion to the 
amount of dividends which have been declared on their 
deposits during the three years then next preceding. 

Section 29. No dividend shall be declared until the ^f^f™/JJi\°/^,g 
trustees cause an examination to be made, and find tliat authorized by 
the amount thereof has actually accrued ; and no dividend '"''^ ^^^' ^ °" 
or interest shall be paid unless authorized by a vote of the 
trustees after such examination. 

Section 30. The principal deposits in such corpora- withdrawal of 

• IT ,!,• -I ' 1 deposits. 

tions may be withdrawn at such tune and in such manner 
as the by-laws direct, but the deposits so withdrawn shall 
be deducted in each case from the amounts last deposited. 
Money deposited in the name of a minor may, at the dis- 
cretion of the trustees or board of investment, be paid to 
such minor or to the person making such deposit ; and the 
same shall be a valid payment. 

Section 31. Such corporations are hereby authorized ofJe1?rfte°r° 
and empowered to pay any order, drawn by any person death of drawer. 
who has funds on deposit to meet the same, notwithstand- 
ing the death of such drawer in the interval of time be- 
tween signing such order and its presentation for payment, 
when said presentation is made within thirty days after the 
date of such order ; and at any subsequent period, provided 
the corporation has not received actual notice of the death 
of the drawer. 



330 Acts, 1894. — Chap. 317. 

^t^off amount Sectiox 32. A persoii indebted to any such corpora- 
of his deposits, tion, whether his indebtedness is secured or not, may, in 
any proceeding for the collection thereof or for the enforce- 
ment of any security therefor, recoup or set-otf the amount 
of a deposit held and owned by him at the time of the 
commencement of such proceedino;, and of the interest 
due thereon, except a deposit purchased or acquired from 
another after the commencement of proceedings in equity 
to restrain the corporation fi-om doing its actual lousiness, 
and the provisions of section eight of chapter one hundred 
and sixty-eight of the Public Statutes shall not apply to 
such set-off ; but no judgment shall be rendered against 
such corporation in favor of the defendant or defendants 
for any balance found due from the plaintili* corporation 
when such corporation is under perpetual injunction, as 
provided in section six of this chapter. 
Claimants of Section 33. In actious against any such corporation 

deposits may „ ^ . , ~. , ... .*^ i • i 

be made defend, tor moucy ou dcposit therewith, it it appears that the 
cases? ^^'^ '''° same fund is claimed by another party than the plaintiif, 
whether b}^ the husl)and or wife of such plaintiff, or other- 
wise, the court in which such action is pending, on the 
petition of the corporation and on such notice as the court 
considers proper to the plaintiff and to such claimants, 
may order the proceedings to be amended by making 
such claimants parties defendant thereto ; and thereupon 
the rights and interests of the several parties in and to 
Deposits may Said fuuds shall bc heard and determined. Such deposits 
pa^^into^court, may rcuiain with the corporation until final judgment, and 
^''°* shall be paid in accordance with the order of the court, 

or may be paid into court to await final judgment ; and, 
when so paid into court, the corporation shall be stricken out 
as a party to the action, and its liability for such deposit 
shall cease. The taxable costs of the corporation in such 
actions shall be in the discretion of the court, and may 
be charged upon the fund. 
Deposits in SECTION 34. Wlicn a dcposit is made in any such 

corporation by one person in trust for another, the name 
and residence of the person for whom it is made shall be 
disclosed, and it shall be credited to the depositor as 
trustee for such person ; and if no other notice of the 
existence and terms of a trust has been given in writing 
to the corporation, in the event of the death of the trustee, 
the deposit, with the interest thereon, may be paid to the 
person for whom such deposit was made, or to his legal 
representative. 



Acts, 1894. — Chap. 317. 331 

Section 35. The treasurer of every such corporation, Depositor to be 

1 • 1 • IT-IT 111 1 notified when 

upon making up each semi-annual dividend, shall send amount entitled 
written notice by mail to each depositor, who for six exceedtd!'^ '" 
months then next preceding has not been entitled to a 
dividend on the whole amount standing to his credit, 
because the same exceeds the amount on which interest 
is allowed, specifying the amount not entitled to dividend. 

Sectiox 36. Every such corporation shall once in five List of amounts 

iTi« „i?^i J ^ -J due depositors 

years publish, in some newspaper oi the county where it not entitled to 
is established, a list of the amounts standing to the credit pubfished%^c. 
of depositors who have not been entitled to dividends on 
the whole amount standing to their credit for two years 
then next preceding, because the same exceed the amount 
on which interest is allowed, with the names and last 
known residences of the persons to whose credit such 
amounts stand, which publication shall be continued in 
three successive papers. 

Section 37. Any such corporation may receive on special trust 
deposit to any amount funds in trust for the purpose of exemV°from 
setting out shade trees in streets and parks and improving '^"achment, etc. 
the same ; for purchasing lauds for parks and improving 
the same ; for maintaining cemeteries or cemetery lots, 
and for erecting and maintaining drinkinof fountains in 
public places, or for any or all of said purposes. Such 
funds shall be placed on interest in such corporation, and 
the interest and dividends arising therefrom shall be paid 
semi-annually to such city, town or cemetery authorities 
as may l)e designated by the donors of said funds or the 
will of the person bequeathing the same, and shall be ex- 
pended by such authorities within their respective cities, 
towns or cemeteries for any or all of said purposes, as 
may be specified by such donors or such will. No part 
of the principal of such funds shall he withdrawn or ex- 
pended, and the same shall be exempt from attachment or 
levy on execution. 

Section 38. A judge of the probate court, after due Probate court 
notice and a hearing, if in his judgment it is expedient so "he^eposiToT 
to do, may authorize an executor, administrator or trustee et^c.'^'" ^""^*' 
holding money or other personal property for any of the 
purposes mentioned in the preceding section, to deposit 
such moneys or the avails arising from such personal 
property, in any such corporation designated by the judge, 
to he held by it in the manner and for the uses and pur- 
poses mentioned in said section, and upon the trusts upon 



332 



Acts, 1894. — Chap. 317. 



Statements of 
amount of cer- 
tain funds to 
be made every 
third year, etc. 



Funds to be 
transferred, 
etc., if corpo- 
ration ceases to 
do business. 



Books and 
accounts. 



Treasurer to 
make annual 
report to board. 



which said executor, administrator, or trustee, held the 
same ; and upon the deposit of such money and its receipt 
and acceptance by such corporation the said executor, ad- 
ministrator or trustee shall he discharged from further care 
and responsibility therefor. 

Section 39. The funds held in accordance with the two 
preceding sections shall be known as the ' ' Shade Tree and 
Cemetery Fund ", and the treasurer of the corporation in 
which they are deposited shall give a receipt therefor to the 
person who deposits the same, and shall send by mail or 
deliver in the month of January in every third year after 
the first deposit, to the mayor of any city or the chairman 
of the selectmen of any town within the limits of which the 
interest and dividends of any such fund are to be expended, 
a written statement, signed by such treasurer, of the amount 
of funds on deposit for the purposes aforesaid, which state- 
ment shall be recorded in the office of the clerk of such city 
or town. 

Section 40. If a corporation holding such funds sur- 
renders its charter or ceases to do business the supreme 
judicial court may order said funds to be transferred and 
deposited in some other such corporation, upon the same 
trusts as aforesaid ; and if the laws authorizing such cor- 
porations are repealed, the court may order said funds to 
be transferred and deposited in such banking institutions 
as it may deem proper, to be held upon the trusts afore- 
said. 

Section 41. The board of commissioners of savings 
banks may prescribe the manner and form of keeping and 
auditing the books and accounts of any such corporation. 

Section 42. The treasurer of every such corporation 
shall annually within twenty days after the last business 
day of October make a report to the ])oard showing ac- 
curately the condition thereof at the close of business on 
said day. The report shall be in such form as the board 
shall prescribe, and shall specify the following particulars, 
namely : name of corporation and number of corporators ; 
place where located ; amount of deposits ; amount of each 
item of other liabilities ; public funds, including all United 
States, state, county, city, town and district bonds, stating 
each particular kind, the par value, estimated market value 
and amount invested in each ; loans on public funds, stat- 
ing amount on each ; stock in banks and trust companies, 
stating par value, estimated market value and amount in- 



Acts, 1891 — Chap. 317. 333 

vested in eacli ; loans on stock in banks and trust com- 
panies, stating amount on each ; railroad bonds, stating 
par value, estimated market value and amount invested in 
each ; loans on railroad bonds, stating amount on each ; 
loans on railroad stock, stating amount on each ; estimated 
value of real estate, and amount invested therein ; loans on 
mortgage of real estate ; loans to counties, cities, towns or 
districts ; loans on personal security ; cash on deposit in 
banks and trust companies, with the names of such banks 
and trust companies and the amount deposited in each ; 
cash on hand ; the whole amount of interest or profits 
received, and the rate and amount of each semi-annual 
and extra dividend for the previous year ; the times for the 
dividends fixed by the by-laws ; the rates of interest re- 
ceived on loans ; the total amount of loans bearing each 
specified rate of interest ; the number of outstanding loans 
which are of an amount not exceeding three thousand 
dollars each, and the ao:gre2:ate amount of the same ; the 
number of open accounts ; also the number and amount 
of deposits received ; the number and amount of with- 
drawals ; the number of accounts opened, and the number 
of accounts closed, severally, for the previous year ; and 
the annual expenses of the corporation ; all of which shall 
be certified and sworn to by the treasurer. The presi- 
dent and five or more of the trustees shall certify and 
make oath that the report is correct according to their 
best knowledge and belief. 

Section 43. Such reports shall, beginning with the Additional 
report of October in the year eighteen hundred and req^uiTed.*^* 
ninety-four, and in each fifth year thereafter, also state 
the number and amount of deposits of fifty dollars and less, 
of those exceeding fifty dollars and not more than one 
hundred dollars, of those exceeding one hundred dollars 
and not more than two hundred dollars, of those exceed- 
ing two hundred dollars and not more than five hundred 
dollars, of those exceeding five hundred dollars and less 
than one thousand dollars, of those of one thousand dol- 
lars or more ; and of those to the credit of women, l)oth 
adult and minor, guardians, religious and charitable as- 
sociations, and in trust, respectively, received during the 
twelve months next preceding. 

Section 44. The board of commissioners of savings Blank forms of 
banks shall furnish blank forms of reports to every such fu^ni'shed, etc. 
corporation, and shall prepare annually from such reports. 



334 



Acts, 1894. — Chap. 317. 



Deposits of 
twenty years 
stauUing. 



Proviso. 



Trial balance of 

depositors' 

ledgers. 



Books of deposit 
to be verified. 



Overseers of 
poor to be 
informed of 
certain deposits. 



and communicate to the general court on or before the 
lirst Wednesday in January, a statement of the condition 
of each corporation fi'om which a report has been received 
for the preceding year, and shall include therein a state- 
ment of the affairs of such corporations in the hands of 
receivers, and shall make such suggestions as they may 
deem expedient relative to the general conduct and con- 
dition of each of the corporations visited by them. 

Section 45. The treasurer of every such corporation 
shall within tifteen days after the last business day of 
October in the year eighteen hundred and ninety-seven, 
and every fifth 3^ear thereafter, return to the board a 
sworn statement containing the name, the amount stand- 
ing to his credit, the last known place of residence or post 
office address, and the fact of death, if known to such 
treasurer, of every depositor who shall not have made a 
deposit therein or withdrawn therefrom any part of his 
deposit, or any part of the interest thereon, for a period 
of more than twenty years next preceding ; and the treas- 
urers of such savings banks shall give notice of these 
deposits in one or more newspapers publisjied in or near- 
est to the city or town where such banks are located, at 
least once a week for three weeks in succession : provided, 
Jiowever, that this act shall not apply to the deposit made 
by or in the name of any person known to the bank to 
be living, or to any deposit which, with the accumula- 
tions thereon, shall be less than twenty-five dollars. The 
treasurer of any savings bank neglecting or refusing to 
make the sworn return required by this section shall be 
subject to a fine of one hundred dollars. Said board shall 
incorporate in their annual report, or in a supplementary 
report, each return made to them as provided in this 
section. 

Section 46. Every such corporation shall, as often 
as once in each of its fiscal years, make an accurate trial 
balance of its depositors' ledgers. 

Section 47. During the year eighteen hundred and 
ninety-five and every third year thereafter every such 
corporation shall call in the books of deposit of their de- 
positors for verification in such manner as their respective 
boards of trustees may direct. 

Section 48. The treasurer of every such corporation 
shall, upon a written request signed by an overseer of the 
poor of a city or town, inform him of the amount, if any, 



Acts, 1894. — Chap. 317. 335 

deposited in the corporation to the credit of any person 
named in such request, who is a charge upon the Common- 
wealth or upon a city or town therein as a pauper ; and 
a treasurer who unreasonably refuses to give such infor- 
mation, or wilfully renders false information, shall forfeit 
fifty dollars for every such offence, to the use of the city 
or town upon which such pauper is a charge, or to the 
Commonwealth if the pauper is a charge upon the Com- 
monwealth. 

Section 49. Copies from the records, books and ac- copies from 
counts of every such corporation shall be competent evi- as evidence.'' 
dence in all cases, equally with the originals thereof, if 
there is annexed to such copies an aflSdavit taken before a 
clerk of a court of record, or notary public, under the seal 
of such court or notary public, setting forth that the affiant 
is the officer having charge of the original records, books 
and accounts, and that such copy is true and correct and 
is full so far as it relates to the subject-matter therein re- 
ferred to. 

Section 50. The probate court, court of insolvency or unclaimed 
other court, respectively, shall, upon the application of any pafd°intVthe'' 
person interested or of the attorney-general, and after such commonwUuh, 
public notice as the court or any judge or justice thereof ®''°' 
may deem proper to be given, order and decree that all 
sums of money heretofore or hereafter deposited in any 
such corporation, by authority of either of said courts or 
any judge or justice thereof, and which shall have remained 
unclaimed for a period of more than five years from the 
date of such deposit, with the increase and proceeds thereof, 
be paid to the treasurer of the Commonwealth, to be held 
and used by him according to law, subject for fifteen years 
only to be repaid to the person or persons having and es- 
tablishing a lawful risrht thereto, with interest at the rate 
of three per centum per annum from the time it is so paid 
to the said treasurer to the time it is repaid by him to such 
person or persons. 

Section 51. Receivers of insolvent savings banks and Receivers. 

institutions for savings, at the end of one year after final 
settlement ordered by the court, shall report to the court 
the names and residences, when known, of the persons or 
parties entitled to any moneys or dividends from the estate 
of such corporations, remaining in their hands uncalled for, 
with the amount due to each. The court shall thereupon 
order such notice to be given by the receivers as justice 



336 



Acts, 1894 — Chap. 317. 



Unauthorized 

banking 

prohibited. 



Penalty. 



Repeal. 



may require, and upon the expiration of one year from the 
time of o;ivinff such notice the receivers shall in like man- 
ner report the amounts still uncalled for. Unless cause 
shall appear for decreeing otherwise such amounts shall 
then be ordered to be paid into the treasury of the Com- 
monwealth, and schedules signed by the receivers shall at 
the same time be deposited with the treasurer and auditor 
of the Commonwealth, setting forth the decree of the court 
and the names and residences, so far as known, of the 
persons or parties entitled thereto, arranged in alphabeti- 
cal order, and the amount due to each. The auditor shall 
forthwith cause notice of such deposit to be mailed to such 
parties. At the time when the payment into the treasury 
of the Commonwealth of such unclaimed mone^^s or divi- 
dends is made, the receivers shall deposit with the com- 
missioners of savings banks all books and papers of such 
insolvent savings banks and institutions for savings, in- 
cluding those relating to their receivership. And said 
board shall receive and hold the same in some proper re- 
pository in the state house or Commonwealth building. 

Section 52. No bank, and no person or persons, as- 
sociation or body corporate, except savings banks and in- 
stitutions for savings, incorporated under the laws of this 
Commonwealth, and trust companies so incorporated pre- 
vious to the first day of January in the year eighteen 
hundred and ninety- three, which were organized and doing 
business on the first day of October in said year, shall 
advertise or put forth a sign as a savings bank, or in any 
way solicit or receive deposits as a savings bank. Every 
bank, association, corporation or person violating this pro- 
vision shall forfeit the sum of one hundred dollars for 
every day such oflence shall be continued. 

Section 53. Chapter one hundred and sixteen of the 
Public Statutes ; chapters fifty, seventy-seven, one hun- 
dred and forty-eight and two hundred of the acts of the 
year eighteen hundred and eighty-two ; chapters fifty-two, 
one hundred and thirty-four, two hundred and forty-eight, 
and so much of chapter two hundred and fifty-eight of the 
acts of the year eighteen hundred and eighty-three as re- 
lates to savings banks ; chapters seventy-two, one hundred 
and fifty, one hundred and sixty-eight and two hundred 
and fifty-three of the acts of the year eighteen hundred and 
eighty-four ; chapters ninety-two, one hundred and eleven, 



Acts, 1894. — CnAr. 317. 337 

one hundred and twenty-four and three hundred and forty- 
eight, and section two of chapter two hundred and ten 
of the acts of the year eighteen hundred and eighty-five ; 
chapters sixty-nine, seventy-seven, ninety-three, one hun- 
dred and seventy-six and two hundred and fifty-two of the 
acts of the year eighteen hundred and eighty-six; chap- 
ters one hundred and thirteen, .one hundred and ninety- 
six and three hundred and nineteen of the acts of the 
year eighteen hundred and eighty-seven ; chapters forty, 
fifty-one, fifty-three, ninety, ninety-six, one hundred and 
twenty, one hundred and twenty-seven, two hundred and 
thirteen and three hundred and fifty-five of the acts of the 
3^ear eighteen hundi'ed and eighty-eight ; chapters seventy- 
seven, eighty-six, eighty-eight, ninety-one, one hundred 
and sixty-one, one hundred and eighty, three hundred and 
five, three hundred and twenty-one, and so much of chap- 
ter four hundred and forty-nine as relates to savings banks, 
of the acts of the year eighteen hundred and eighty-nine ; 
chapters forty-four, one hundred and sixty-eight, two hun- 
dred and twenty-two, two hundred and ninety-eight, three 
hundred and sixty-nine and three hundred and ninety -four 
of tlie acts of the year eighteen hundred and ninety ; chap- 
ter two hundred and forty-eight of the acts of the year 
eighteen hundred and ninety-two ; and chapters one hun- 
dred and seventy-four, two hundred and thirty and two 
hundred and fifty-four of the acts of the year eighteen 
hundred and ninety-three, are hereby repealed. 

Section 54. The provisions of this act, so far as they To be construed 
are the same as those of existing laws, shall be construed uon of "exerting 
as a continuation of such laws and not as new enactments ; '^^^' ^**^' 
and the repeal by this act of any provision of law shall 
not revive any law heretofore repealed or superseded ; it 
shall not afiect any act done, lia))ility 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 ofience under the au- 
thority of the repealed laws ; and any person who at the 
time when said repeal takes eflect holds ofiice under any 
of the laws repealed shall continue to hold such office ac- 
cording to the tenure thereof, unless such office is abol- 
ished or a different provision is herein made. 

Approved April 27, 1894. 



338 Acts, 1894. — Chaps. 318, 319, 320. 

ChciV.Sl-S ^^ -^^"^ RELATIVE TO RETURNS P.r THE ASSESSORS OF THE CITY 

OF BOSTON. 

Be it enacted, etc. , as follows : 

bookT,lltyoi Section 1. So much of section fifty-five of chapter 
Bo8ton. eleven of the Public Statutes and of section one of chap- 

ter ninety-one of the acts of the year eighteen hundred 
and eighty-three as requires copies of the assessors' books 
to be deposited in the ofiice of the secretary of the Com- 
monwealth every third year, shall not apply to the assess- 
ors of the city of Boston. 

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

Approved April 27, 1894. 

(7Attl?.319 ■^'^ ^CT TO AUTHORIZE THE NANTUCKET RAILROAD COMPANY TO 

CHANGE THE LOCATION OF ITS ROAD. 

Be it enacted, etc., as follows : 

J'otd mTy'be Section 1 . The Nautuckct Railroad Company is hereby 

changed. authorized to change the present location of its road so that 

in lieu of its present location it may locate and construct 
its road as follows : — commencing at a point on its pres- 
ent location near the agricultural grounds and proceeding 
thence in substantially a direct line to another point on 
its present location near Tom Nevers pond, so-called ; and 
said company is hereby authorized to take land not exceed- 
ing five rods in width on the above described line for said 
railroad location. 

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

Approved April 27, 1894. 

CJiap.320 -^^ ^^"^ RELATING TO INSTRUCTION IN THE USE OF TOOLS AND IN 

COOKING IN PUBLIC SCHOOLS. 

Be it enacted, etc., asfolloius: 

Tmendtd!^' Section 1. Scctiou ouc of cliaptcr forty-four of the 

Public Statutes as amended by chapter sixty-nine of the 
acts of the year eighteen hundred and eighty-four is hereby 
further amended by striking out in the eighth line, the 
words "hygiene and the elementary use of hand tools", 
and inserting in place thereof the words : — hygiene, and 
the use of tools, and cooking, — so as to read as follows : — 

UseoftooiB, Section 1. In every town there shall be kept, for at least 

cooking, etc., , , J Jr ' 

may be taught six uiouths 111 cach year, at the expense of said town, by a 
schools. teacher or teachers of competent ability and good morals, 



Acts, 1894. — Chaps. 321, 322. 339 

a sufficient number of schools for the instruction of all the 
children who may Iciially attend pul)lic school therein, in 
orthography, reading, writing, English grammar, geog- 
raphy, arithmetic, drawing, the history of the United 
States, and good behavior. Algebra, vocal music, agri- 
culture, sewing, physiology, hygiene, and the use of tools, 
and cooking, shall be taught, by lectures or otherwise, 
in all the public schools in which the school committee 
deem it expedient. 

Section 2. In any city or town where instruction shall toois, impie. 

J J , mentB, etc., may 

be given in the use of tools and in cooking in public schools, be purchased 

^-- CD i- ' ]^y (jj^^y or lOWD 

such tools and the implements and materials required for etc. 
teaching cooking or the use of tools may be purchased by 
the school committee, at the expense of such city or town, 
and shall be loaned to such pupils as may be allowed to 
use them, free of charge, subject to such rules and regu- 
lations as the school committee may prescribe. 

Section 3. Chapter sixty-nine of the acts of the year Repeal. 
eighteen hundred and eighty-four is hereby repealed ; but 
nothing herein contained shall be construed as repealing 
or modifying chapter three hundred and thirty-two of the 
acts of the year eighteen hundred and eighty-five. 

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

Ajjproved April 27, 1894. 

An Act to establish the salary of the justice of the third rijjfjy. QOi 

DISTRICT COURT OF PLYMOUTH. -^ 

Be it enacted^ etc., as folloios : 

Section 1. The salary of the justice of the third dis- saiary 
trict court of Plymouth shall be eight hundred dollars a ®""^''^^^- 
year, to be so allowed from the first day of January in the 
year eighteen hundred and ninety-four. 

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

Approved Ajyril 27, 1894. 



An Act to provide additional clerical assistance in the 

office of the register of probate for PLYMOUTH COUNTY. 

Be it enacted, etc., as folloios: 

The register of probate for Plymouth county may an- Additional 
Dually be allowed, if deemed necessary by the judge of 
probate and insolvency in said county, a sum not exceed- 
ing; five hundred dollars for extra clerical assistance actu- 



Chap.d22 



clerical assist- 



340- Acts, 1894 — Chap. 323. 

ally rendered, and the same shall be paid by the treasurer 
of the Commonwealth ; and the judge of probate and insol- 
vency of said county shall audit and approve the accounts 
of the register under this act ; said amount shall be in addi- 
tion to the amount now allowed to said register for extra 
clerical assistance. .Approved April 27, 1894. 

Chctp.S2i3 An Act to authorize the towx of meleose to incur in- 
• debtedness for the purpose of constructing a svsteji of 
sewerage. 

Be it enacted, etc., as follows : 

Se Loac.Tr Section 1. The town of JMelrose, for the purpose of 
of isu. defraying the expense of laying, making and maintaining 

a system of main drains and common sewers, is hereby 
authorized to issue from time to time as may be required 
therefor, bonds, notes or scrip to kn amount not exceed- 
ing one hundred thousand dollars. Such bonds, notes or 
scrip shall bear on their face the words, Melrose Sewerage 
Loan, Act of 1894, 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 ex- 
ceeding four per cent, per annum, and shall be signed by 
the treasurer and countersigned by the sewerage conmiis- 
sioners of the town. The said town may sell such securi- 
ties or any part thereof from time to time, at pul)lic or 
private sale, but none of said bonds, notes or scrip shall 
be issued or sold except in compliance with the vote of the 
town, nor for less than the par value thereof. 
?p*pfie^dto°pay- Section 2. The rcceipts from payments, assessments 
ment of interest, ^nd from such annual rates for the use of such sewers 
as said town may by vote establish, after deducting the 
expenses, shall be applied, first to the payment of the 
interest upon the bonds, notes or scrip issued under 
the authority of this act not otherwise provided for, and 
the balance shall be set apart to meet the requirements 
of the sinking fund for the payment or redemption of 
said bonds, notes or scrip as provided by section nine of 
chapter twenty-nine of the Public Statutes. If the said 
receipts in any year shall be insufficient to pay the inter- 
est on said bonds, notes or scrip, and to meet the require- 
ments of law as to said sinking fund, then in such case 
the town, to meet said deficiency, shall raise forthwith 
such sum as will with said net income be sufficient to meet 



Acts, 1894. — Chap. 324. .341 

said requirements. Said sinking fund shall remain invio- 
late and pledged to the payment and redemption of such 
bonds, notes or scrip, and shall be used for no other 
purpose. 

Section 3, The board of sewerage commissioners of fo°^™oruou^'^^ 
said town on the written request, made within three assessmentB 
months after notification of assessment, of any owner of request. 
an estate assessed by said commissioners for its propor- 
tional part of the charge of making and maintaining such 
main drains or common sewers, shall apportion such as- 
sessment into such number of equal parts or instalments, 
not exceeding five, as said owner shall state in such re- 
quest, and said board shall certify such apportionment to 
the assessors of said town, and one of said parts or instal- 
ments, with interest from the date of said apportionment 
at the rate of five per cent, per annum, shall be added by 
the assessors to the annual tax on such estates for each 
year next ensuing until all of said parts have been so 
added and paid: jirovided, that nothing herein contained P^^o^iso. 
shall be construed to prevent the payment at any time in 
one payment of any balance of said assessments then re- 
maining unpaid, notwithstanding such prior apportion- 
ment. All liens for the collection of such assessment 
shall continue until the expiration of two years from the 
time when the last instalment is added by the assessors 
and remitted to the collector. 

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

Ajjproved April 27, 1894. 

Ax Act relative to the keseka^vtiox of spaces ix public njtrjj^ ^24 

WAYS. ■^' 

Be it enacted, etc., asfolloics: 

Section 1. The board or officers authorized to lay special spaces 
out streets, townways or highways in a city or town may, In pubiTc^wfys. 
whether any such street or way is laid out under the pro- 
visions of law authorizing the assessment of betterments 
or not, reserve between the side lines thereof special space 
for the use of persons riding on horseback, special space 
for the use of street railways, whether operated by animal 
power, electricity or any other motive power except steam, 
special space for drains and sewers, and electric wires used 
for any purpose, and special space for trees, grass and for 
planting. 



342 



Acts, 1894. — Chap. 325. 



When to take 
effect. 



Section 2. This act shall take eifect in any city upon 
its acceptance by the city council thereof, and in any town 
upon its acceptance by the inhabitants thereof at any an- 
nual or special meeting called for the purpose. 

Approved April 27, 1894. 



Chap.S25 



City of ChelBea. 



Government 
vested in mayor 
and aldermen, 
etc. 



Division into 
wards. 



Meetings of 
qualified voters 



Municipal 
election and 
municipal year. 



Election of 
mayor, alder- 
men and school 
committee. 



An Act to revise the charter of the city of chelsea. 
Be it enacted, etc., as folloivs : 

Section 1. The inhabitants of the city of Chelsea, for 
all purposes for which towns and cities are by law incor- 
porated in this Commonwealth, shall continue to be a body 
politic and corporate, under the name of the City of Chel- 
sea, and as such shall have, exercise and enjoy all the 
rights, immunities, powers and privileges, and be subject 
to all the duties and obligations pertaining to and incum- 
bent upon the said city as a municipal corporation. 

Section 2. The government of the city and the gen- 
eral management and control of all the fiscal, prudential 
and municipal affairs thereof shall be vested in a single 
officer, to be called the mayor, and in a single bod}^ to be 
called the board of aldermen, except however that the gen- 
eral management and control of the public schools of the 
city shall be vested in a school committee. The board of 
aldermen and school committee shall serve without com- 
pensation. 

Section 3. The territory of the city shall be divided 
into five 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 
city for the purpose of voting at elections and for other 
municipal or legal purposes shall be called 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 board of aldermen may by ordinance direct. 

Section 5. The nmnicipal election shall take place an- 
nually on the Tuesday next after the second Monday of 
December, and the municipal year shall begin at eight 
o'clock in the evening on the first INIonday of January and 
continue until eight o'clock in the evening on the first 
Monday of the following January. 

Section 6. At the nmnicipal election the qualified 
voters shall in the several wards give in their votes by 
ballot for ma^•or and for members of the board of alder- 



Acts, 1894. — Chap. 325. 343 

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, re- 
ceiving 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 vicanlieL 
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 mouths pre- 
vious to the expiration of the term of service of a mayor, 
the board of aldermen shall forthwith cause an order 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 mayor is completed. If the 
full number of members 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 mem- 
ber thereof shall occur more than four months previous 
to the expiration of his term of office, the board of alder- 
men shall forthwith, or at the next municipal election 
should a vacancy occur within four months of said elec- 
tion, 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- ^eldlSi^acent 
ing the meetings of the qualified voters of a ward can be ^^'■'^• 
had within the territorial limits of such ward the board 
of aldermen mav, in the order calling a meeting of the 
qualified voters of such ward, appoint and direct that the 
meeting be held in some convenient place within the lim- 
its of an adjacent ward of the city, and for such purpose 
the place so assigned shall l^e deemed and taken to be a 
part of the ward for which the election is held. 

Section 9. General meetino-s of the qualified voters of General meet- 

. , o i )nga of qualined 

the city may from time to time be held according to the voters. 
right secured to the people by the constitution of the Com- 
monwealth, and such meetings shall be called by the mayor, 



344 



Acts, 1894. — Chap. 325. 



Board of alder- 
men, election, 
terms, etc. 



Oath of office 
to mayor and 
aldermen. 



Certificate to 
be entered in 
journal. 



Board of alder- 
men, organiza- 
tion, city clerk, 
etc. 



upon the request in writing of fifty qualified voters setting 
forth the purpose thereof. 

Section 10. The board of aldermen shall consist of 
fifteen members. At the first municipal election held un- 
der this act two aldermen at large shall be elected for the 
term of one year, two aldermen at large shall be elected 
for the term of two years and one alderman at large shall 
be elected for the term of three years, beginning with the 
first Monday in January then next ensuing. And at the 
annual municipal election in each year thereafter there shall 
be elected for the term of three years one or two aldermen 
at large, according to the number of aldermen at large 
whose tei*m expires in that year. The aldermen at large 
shall be elected by and from the qualified voters of the en- 
tire city. At the first municipal election held under this 
act there shall also be elected ft-om each ward one alder- 
man for the term of one year and one alderman for the 
term of two years, beginning with the first Monday in Jan- 
uary then next ensuing. And at each annual municipal 
election thereafter one alderman shall be elected from each 
ward for the term of two years. The aldermen fi'om wards 
shall be elected by and from the qualified voters of their 
respective wards. 

Section 11. The mayor elect and the members of the 
board of aldermen shall, on the first ^Monday in January 
succeeding their election, at eight o'clock in the evening, 
assemble together and be sworn to the faithful discharge of 
their duties. The oath maybe administered to the ma3'or 
by the city clerk, or by a judge of a court of record, or by 
a justice of the peace, and the oath may be administered 
to the members of the 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 of Jan- 
uary, or if a mayor shall be subsequently elected, the oath 
of oflice shall, as soon as may l)e thereafter, be adminis- 
tered to him in the presence of the board of aldermen ; and 
at any time after the first Monday in January the oath of 
ofiice shall 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 subsequently 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 1 2 . Directly after the oaths of office have been 
administered the board of aldermen shall meet and orijanize 



Acts, 1894. — Chap. 325. 345 

by the election hy ballot of one of its members as president. 
The senior member present shall preside, and no other busi- 
ness shall be in order until a president has been chosen. 
The l^oard of aldermen shall at the same time elect l)y bal- 
lot 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 l)oard of aldermen, shall attend its sessions 
and shall keep a record of its proceedings, and shall per- 
form such further service as the board of aldermen may 
require. The president of the board of aldermen or the Removals from 
city clerk may be removed from such office for cause, after ° ''^' 
due hearing, l)y the affirmative votes of two thirds of all 
the members of the l)oard of aldermen. In case of the 
temporary 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 board vacancies. 
of aldermen shall forthwith elect a city clerk by ballot. 

Section 13. The l)oard of aldermen shall elect by city treasurer, 
Ijallot, on or before the first Monday in February of the erection, 'temis, 
municipal year, a city treasurer, who shall be collector ®''^* 
of taxes, a city auditor, city solicitor, city messenger, 
city engineer, and clerk of committees, whose terms of 
office shall begin on the first Monday in March and shall 
continue for one year or until their successors are duly 
elected and qualified. In case of a vacancy in any of the vacancies, 
above offices tlie board of aldermen shall fill the same by ''®'"°^'''^' ®''=- 
election by ballot. Any officer mentioned in this section 
may l^e removed from office for cause, after due hearing, 
by the affirmative votes of two thirds of all the members 
of the board of aldermen. 

Section 14. The board of aldermen shall elect by water commis- 
ballot, on or before the first Monday in February of the ofi"ubiic7ibrary, 
municipal year, one water commissioner for three years, terms' etc.°°' 
two trustees of the Fitz Public Library for three years, 
one sinking fund commissioner for three years, and one 
member of the board of assessors for three years. In vacancy. 
case of a vacancy in any of the above offices the board of 
aldermen shall fill the same by election l)y liallot. 

Section 15. The board of aldermen shall be the judge Board of awer- 
of the election and qualification of its own members, shall ™f*eiectioVof ^^ 
determine the rules for its own proceedings, and may ™®'"^«''«' ^^°- 



346 Acts, 1894. — Chap. 325. 

elect such assistant clerks and other oflBcers as may be 
necessary for the proper conduct of its own business. 

fif^s^lr/ wd of Section 16. The mayor may at any time call a special 

aldermen may 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. 

Quorum. SECTION 17. 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. 

Salary of mayor. SECTION 18. The board of aldcrmcu shal I establish the 
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. 

Appropriations SECTION 19. All appropriations of money or orders 
creating loans shall be in itemized form, and no order creat- 
ing a loan shall be passed except by the affirmative votes of 
two thirds of all the members voting by yeas and nays. 

Orders, reso- Section 20. Evcry Order, resolution or ordinance shall 

lutions, etc. -, . tii.'/>i i i 

have two readings beiore nnai passage, and no order, reso- 
lution or ordinance shall have more than one reading at any 
one meeting, unless by unanimous consent. 
Ordinances, Section 21. After the passasfe of an V Ordinance, ordcr, 

etc., to be sub- . /. ,1 i ^ ^ ,• i t " • i • j^i 

mitted to mayor rcsolution or vote 01 the board or aldermen mvolvmg the 
or approva . expenditure of money or affecting the public interests it 
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. The board of aldermen shall 
cause the objections of the mayor to be entered at length 
upon its records and shall proceed to reconsider said or- 
dinance, order, resolution or vote, and if, after such re- 
consideration, two thirds of the members of said board 
present and voting shall vote to pass the same, notwith- 
standing such objections, it shall 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 board of aldermen within 
ten days after it shall have been presented to him, the 
Proviso. same shall be in force : provided, hoivever, that if any such 

ordinance, order, resolution or vote shall have been passed 
by the board of aldermen within five days next preceding 
the expiration of the municipal year, and shall not have 
been approved by the mayor, the same shall be void. The 



Acts, 1894. — Chap. 325. 347 

mayor may exce[)t 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 expendi- 
ture. In such case instead of returnino: the original he 
shall transmit a copy of such portion not approved, which 
portion shall be reconsidered in the manner and with the 
eifect herein provided for. 

Section 22. The board of aldermen may hold private sittings of 
sittings for the consideration of candidates for election or mTn. 
appointment, and for acting on removals, l)ut all other 
sittings shall be public, and all votes shall be taken in 
public. 

Section 23. No member of the board of aldermen Membera of 
shall, during the term for which he is elected, hold any mjii' nott^ohoVd 
office or position the salary or compensation for which is omceT etcf*^ 
payable from the city treasury, nor shall he act as counsel 
or attorney before the board of aldermen or before any 
committee thereof. 

Section 24. The removal of a member of the board Removal from 

r»ii f ij l^ i<^i' ward not to 

oi aldermen trom one ward to another ward or the city disqualify, 
shall not disqualify him from serving out the term for 
which he was elected. 

Section 25. The board of aldermen shall have the ordinances 
power within said city to make and establish ordinances wuhpe^uiea 
and to 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 l)e forthwith published in 
one or more newspapers published in said city, to be des- 
ignated by the board of aldermen, and they shall, unless 
they contain an express provision for a later date, take 
effect at the time of their approval by the mayor, or, if a 
penalty for their violation is provided, at the expiration 
of thirty days from the day of such approval. 

Section 26. The board of aldermen shall have author- Laying out, etc., 

., 1 J. 1 J.1 1 • J. 1 J.' T of Streets and 

ity and power to order the laying out, locating anew, dis- ways, etc. 
continuing of and making of specific repairs in all streets 
and ways and all highways within the limits of the city ; 
to assess the damage 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. Any persons aggrieved by 
the action of the board of aldermen hereunder shall have 
all the rights and privileges now by law in similar cases 



348 



Acts, 1894. — Chap. 325. 



General powers 
and duties of 
board of alder- 
men. 



Mayor, term of 
office, etc. 



Mayor to he 
chief executive 
officer, etc. 



To tause laws, 
ordinances, etc. 
to be enforced. 



President of 
board of alder- 
men to act in 
absence of 
mayor, etc. 



allowed in appeals from decisions of selectmen, liut there 
shall be no appeal from a decision not to lay out a way. 

Section 27. Except as herein otherwise provided the 
board of aldermen shall in general have and exercise the 
legislative powers of towns and of the inhabitants thereof, 
and all the powers, other than executive, given to select- 
men of towns, and shall have all the powers and author- 
ity 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. 

Section 28. The mayor shall be elected from the qual- 
ified voters of the city and shall hold office for the mu- 
nicipal year next succeeding his election and until his 
successor is elected and qualitied, except that when elected 
to till a vacancy he shall hold office only for the unexpired 
term and until his successor is elected and qualitied. 

Section 29. 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 per- 
sonally or through the several officers and boards in their 
respective departments, under his general supervision and 
control. 

Section 30. The mayor shall communicate to the board 
of aldermen such information and shall recommend such 
measures as, in his judgment, the interests of the city re- 
quire ; 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 execu- 
tive and administrative business of the city, and the harmo- 
nious and concerted action of the different administrative 
and executive departments. 

Section 31. 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 until the vacancy is filled or disability removed, 
except that he shall not, unless authorized thereto in a 
special instance ])y the board of aldermen, 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 board of aldermen. 



Acts, 1894. — Chap. 325. 349 

Section 32. The mayor shall appoint, subject to con- Mayor to ap- 
firmation of the board of aldermen, all the officers of the confirmauou by 
city, unless their election or appointment is herein other- mTn.^etc.'*''^^'^' 
wise provided for. Any officer so appointed may be re- 
mo^ed by the maj'or, subject to the approval of the board 
of aldermen, for such cause as he shall deem sufficient and 
shall assign in his order of removal, and the removal shall 
take effect upon the tiling of the order, when so approved, 
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. 

Section 33. The mayor shall cause to be kept a record ^^f"'^^ '""'°''^' 
of all his official acts, and for that purpose and to aid him 
in his official duties he may appoint a clerk, whose com- 
pensation shall be fixed by the board of aldermen. 

Section 34. The mayor shall, as often as one* in each JfVepinmente 
month, call together for consultation upon affairs of the for consultation. 
city, the heads of departments, who shall whenever called 
upon furnish such information relative to their respective 
departments as he may request. 

Section 35. The mayor shall, in the month of Jan- Estimates for 
uary of each year, cause to be made to him by the heads departments. 
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 second 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 3(3. No sum appropriated for a specific pur- Appropriations 
pose shall be expended for any other purpose, and no iTure^s!^'^'^ ' 
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 with 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 payable out of a regular appro- 
priation may be incurred to an amount not exceeding one 
sixth of the total appropriation made for similar purposes 
in the preceding year. 



350 



Acts, 1894. — Chap. 325. 



Statements of 
receipts and 
expenditures to 
be published. 



Mayor to be 
member of 
school commit- 
tee, exoflicio. 
Administrative 
officers. 



Additional 
officers. 



Reorganization 
of boards, etc. 



Section 37. The mayor shall annually require all 
boards and officers intrusted with the receipt and expendi- 
ture of public money and with the care and custody of 
public property, to make particular and detailed state- 
ments thereof, and shall cause such statements to be 
pu])lislied for the information of the citizens. 

Section 38. The mayor shall be a member of the 
school committee, ex officio. 

Section 39. There shall be the following administra- 
tive officers who shall perform the duties by law prescribed 
for them respectively, and such further duties, not incon- 
sistent with the nature of their respective offices and 
with general laws, as the board of aldermen may pre- 
scribe : A city treasurer, who shall be collector of taxes. 
A city auditor. A city solicitor. A city messenger. 
A city physician. A city engineer, who shall be super- 
intendei^ of sewers. A board of assessors, consisting of 
three persons. A board of water commissioners, consist- 
ing of three persons. A board of park commissioners, 
consisting of five persons. A board of registrars of 
voters, consisting of three persons. A board of trustees 
of the public library, consisting of six persons. A board 
of trustees of the soldiers' burial lot, consisting of three 
persons. A board of commissioners of sinking fiinds, 
consisting of three persons. A board of overseers of the 
poor, consisting of three persons. A board of health, 
consisting of three persons, one of whom shall be the city 
physician. A superintendent of streets, who shall have 
the powers of surveyors of highways and all the powers 
of road commissioners not herein otherwise conferred. 
A superintendent of public buildings, who shall be in- 
spector of buildings. A superintendent of fire alarms, 
who shall be inspector of wires. 

Section 40. The board of aldermen may from time to 
time, subject to the provisions of this act and in accord- 
ance 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, and for 
other municipal purposes ; and may determine the number 
and the duties of the incumbents of such boards and 
offices. 

Section 41 . The board of aldermen may likewise from 
time to time consolidate boards and offices, and may sepa- 



Acts, 1894. — Chap. 325. 351 

rate and divide the powers and duties of such as have 
ah'eady been established, may increase or diminish the 
number of persons constitutin<j either of the boards above- 
specified, may increase or diminish the number of persons 
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. 

SECTiOiSr 42. It shall be the duty of the mayor to Appointments 

!• 1 ^ f t 1 ir-ii by mayor sub- 

appoint, subject to the approval of the board or aldermen, ject to approval 

all the officers above-specified in this act except the city aide°rmen%tc. 
treasurer, city solicitor, city engineer, city messenger, 
board of water commissioners, board of trustees of the 
public library, board of assessors, and board of commis- 
sioners of sinking funds, city collector, city auditor and 
clerk of committees, and, unless herein otherwise pro- 
vided, all those for whom provision shall hereafter be 
made as alcove, on or before the first Monday in February 
in the municipal year, and their terms of office shall begin 
on the first Monday in March and shall continue for one 
year, or for such period as the board of aldermen shall 
by ordinance in any case provide. Every administrative 
ofiScer shall, unless sooner removed, hold office until his 
successor is appointed and qualified. 

Section 43 . All administrative oflScers shall be sworn Administrative 
by the mayor or city clerk, to the faithful discharge of offlolai records. 
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. 

Section 44. The board of aldermen shall by ordinance Treasurer, 
require the city treasurer, the city collector, the city audi- to give°bond*8'.' 
tor, and such other officers whose election or appointment 
is provided for in the preceding sections, as are intrusted 
with the receipt, care or disbursement of money, to give 
bonds, with such sureties as shall be approved by the 
board of aldermen, for the faithful discharge of their re- 
spective duties, and may require said officers to renew 
their bonds fi'om time to time. 

Section 45. The several committees and officers hav- Employment of 
ing charge of departments shall, within their respective conukc^tsfetf."* 
departments, employ all labor, make and execute all nec- 
essary contracts, purchase all materials and supplies, have 
the entire care and custody and management of all public 
works, institutions, buildings and other property. All 



ment. 



ment. 



352 Acts, 1894. — Chap. 325. 

contracts made in behalf of the city in which the amount 
involved exceeds two hundred dollars, shall, in order to 
be valid, require the siijnature of the mayor, and except 
as herein otherwise provided or by law required no expen- 
diture shall be made or liabilities incurred for any pur- 
pose beyond the appropriations previously made therefor. 

Police depart- SECTION 4G. The board of aldermen shall establish a 
jDolice department, and provide for the appointment of a 
chief of police and of other members of the police force 
by the maj'or, subject to confirmation by the board. 

Fire depart- Section 47. The board of aldermen shall establish a 

fire department, and provide for the a})pointment of a 
chief engineer and of other members of the department by 
the mayor, subject to confirmation by the board. 

Officers to Section 48. Evcry ofiicer havins^ charge of a depart- 

appear and give in i n i i Vpii 

information at mcut shall, at the rcQuest of the board of aldermen, appear 

request of board -in -^ n • i • /• j- •< • • 

of aldermen. betore it and give such mrormation as it may require in 
relation to any matter, act or thing connected with the 
discharge of the duties of his ofiice ; and when so requested 
to appear he shall have the right to speak upon all matters 
under consideration relating to his department. 

^arri*edoffice°r8! Section 49. The board of aldermen shall have the 
power to establish the compensation of every salaried 
ofiicer. 

School com- Section 50. The manao-ement and control of the 

mittee, election, ii/., . in