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.^A 


ACTS 


RESOLVES 


PASSED  BY  THE 


€tmml  (3(0«rt  4  ItlaJJ^a^httSf  tts, 


IN  THE   TEAR 

1895, 

TOGETHER   WITH 

THE     CONSTITUTION,     THE     MESSAGES     OF    THE     GOVERNOR, 

LIST    OF    THE    CIVIL    GOVERNMENT,  TABLES    SHOWING 

CHANGES     IN     THE     STATUTES,     CHANGES     OF 

NAMES    OF    PERSONS,    ETC.,    ETC. 


PUBLISHED   BY  THE 

SECRETARY  OF  THE   COMMONWEALTH. 


BOSTON : 

WRIGHT   &   POTTER   PRINTING  CO.,    STATE   PRINTERS, 

18  Post  Office  Square. 

1895. 


A  CONSTITUTION 


FORM    OF    GOVERNMENT 


Commonfcoelt^  of  gtassacljusatts. 


PKEAMBLE. 

The  end  of  the  institution,  maintenance,  and  administra-  objects  of 
tion  of  government,  is  to  secure  the  existence  of  the  body  s°'''^''°™''"  • 
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  pontic, 
of  individuals  :  it  is  a  social  compact,  by  which  the  whole  nTnaml^!  ' 
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  Rights^  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OF  Massachusetts. 


Equality  and 
daturarrights  of 
all  tneu. 


Rigiht  and  duty 
of  public  reli- 
gious worship. 
Protection 
therein. 
2  Cush.  104. 
12  Allen,  129. 


Amendment, 
Art.  XI.  substi- 
tuted for  this. 


Legislature  em- 
powered to  com- 
pel provision  for 
public  worBhip; 


PART    THE    FIRST. 

A   Declaration   of  the   liights  of  the  Inhabitants  of  the 
Qommonwealth  of  Massachusetts. 

Article  I.  All  men  arc  born  free  and  equal,  and  have 
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. 

II.  It  is  the  right  as  well  as  the  dut}'  of  all  men  in 
society,  publicly,  and  at  stated  seasons,  to  worship  the 
Supreme  Being,  the  great  Creator  and  Preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience  ;  or  for  his  religious  pro- 
fession of  sentiments  ;  provided  he  doth  not  disturb  the 
public  peace,  or  ob.stiaict  others  in  their  religious  worship. 

III.  [As  the  happiness  of  a  people,  and  the  good  order 
and  preservation  of  civil  government,  essentially  depend 
upon  piety,  religion,  and  moralit}^ ;  and  as  these  cannot 
])e  generally  diffused  through  a  community  but  by  the 
institution  of  the  public  worship  of  God,  and  of  public 
instructions  in  piety,  religion,  and  morality :  Therefore, 
to  promote  their  happiness,  and  to  secure  the  good  order 
and  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  retjuire,  the  several  towns, 
parishes,  precincts,  and  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense, 
for  the  in.stitution  of  the  public  worship  of  God,  and  for 
the  sup})oit  and  maintenance  of  public  Protestant  teachers 


COMMOX^VEALTH  OF  MASSACHUSETTS.  5 

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

And  the  people  of  this  commonwealth  have  also  a  right  attTnliLnce  ^°''' 
to,  and  do,  invest  their  legislature  with  authority  to  enjoin  tiiereon. 
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-  gLurteafhets' 
ties,  shall,  at  all  times,  have  the  exclusive  right  of  electing  ^^'="'■6^. 
their  pulilic  teachers,  and  of  contracting  with  them  for 
their  support  and  maintenance. 

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

And  every  denomination  of  Christians,  demeaning  them-  Aiidenomina- 
selves  peaceably,  and  as  good  subjects  of  the  commonwealth ,  proTected!"^ 
shall  be  equally  under  the  protection  of  the  law  :  and  no  subordination 
subordination  of  any'  one  sect  or  denomination  to  another  °^  °!l^  ^^^^  ^^ 

111  1  1  ■,•   1       T   1        t  -,  another  pro- 

shall  ever  be  established  by  law.]  hibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  seif- 
and  exclusive  right  of  governing  themselves,  as  a  free,  fe°cure°dT°' 
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  Ipe,  by 
them  expressly  delegated  to  the  United  States  of  America, 
in  Congress  assembled. 

Y.     All  power  residins^  oris-inally  in  the  people,  and  Accountabiiitr 

,.  n       •        1      c  1  1  1  ir'  of  all  officers, 

bemg   derived   trom   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.     Xo  man,  nor  corporation,  or  association  of  men,  services  ren. 
have  any  other  title  to  obtain  advantages,  or  particular  puwie^beinl  the 
and  exclusive  privileges,  distinct  from  those  of  the  com-  pecuuarprivi. 
munit3%  than  what  arises  from  the  consideration  of  ser-  Jeges,  heredi- 

Ti  .,.  ii-'i  •      '■^''y  o™ces  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 
qualifications 
prescribed, 
equally  eligible 
to  office. 
For  the  defini- 
tion of"  inhabit- 
ant," see  Ch.  1, 
Sect.  2,  Art.  II. 
Right  of  protec- 
tion and  duty  of 
contribution 
correlative. 

Taxation  found- 
ed on  consent. 
16  Mass.  326. 
1  Picli.  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  Alli-n,  150. 
4  Allen,  474. 
Private  prop- 
erty not  to  be 
taken  for  public 
uses  without, 

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


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

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

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  oflBcers  to  return  to  private  life  ;  and  to  fill  up 
vacant  places  by  certain  and  regular  elections  and  appoint- 
ments. 

IX.  All  elections  ought  to  he  free  ;  and  all  the  inhab- 
itants of  this  commonwealth,  having  such  qualifications  as 
they  shall  establish  by  their  frame  of  government,  have  an 
equal  right  to  elect  officers,  and  to  be  elected,  for  public 
employments.  122  Mass.  595, 596. 

X.  Each  individual  of  the  society  has  a  right  to  be 
protected  by  it  in  the  enjoyment  of  his  life,  liberty,  and 
property,  according  to  standing  laws.  He  is  obliged,  con- 
sequentl}^  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- 
sentatjve  ))ody  of  the  people.  In  fine,  the  people  of  this 
commonAvcalth  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 
reasonaljle  compensation  therefor. 


1  Allen,  150. 

11  Allen,  530. 

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


103  Mass.  120,  624. 
106  Mass.  350,  362. 
108  Mass.  202,  213. 
Ill  Mass.  130. 


113  Mass.  45. 
116  Mass.  463. 
126  Mass.  428,  441. 


127  Mass.  50,  52, 

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


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


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   ]VIASSACHUSETTS.  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  Prosecntiona 
or  offence,  until  the  same  is  fully  and  plainly,  substantially,  "pTck!!!!. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse,  Jspicki^k 
or  furnish  evidence  against  himself.     And  every  subject  f-^l^^^o^^- 
shall  have  a  right   to   produce   all   proofs    that   may  be  \-^^^^\^'^^- 
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,  10 Gray, ii! 
or  his  counsel,  at  his  election.     And  no  subject  shall  be  2  A^ien^.'sei^" 
arrested,  imprisoned,  despoiled,  or  deprived  of  his  prop-  ^(f-^^'^g' 
eily,  immunities,  or  privileges,  put  out  of  the  protection  473I     '     ' 
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. 237, 

the  land.  103  Mass.  418. 

107  Mass.  172, 180.   118  Mass.  443,  451.    122  Mass.  332.   127  Mass.  550,  554. 

108  Mass.  5,  6.      120  Mass.  118,  120.   124  Mass.  4G4.   129  Mass.  559. 

And  the  leo;islature  shall  not  make  any  law  that  shall  ?'sht  to  trial  by 

o  .      ,  .      .  "^  .    ,  jury  ID  criminal 

subject  any  person  to  a  capital  or  intamous  punishment,  cases,  except, 
excepting  for  the  government  of  the  army  and  navy,  with-  8  Gray,  329, 373. 

j_  X    •    1    1         •  103  Mass.  418. 

out  trial  by  jury. 

XIII.  In  criminal  prosecutions,  the  verification  of  facts.  Crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  great-  ?idnity!° 

est  securities    of  the  life,  liberty,  and  property  of  the  m m^'ss.  e'l,  62, 
citizen. 

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

Tit  -t  •  f     ^  •  ^   •      ^iid  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-  Iculix^fm. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  I^q^I'  \^ 
mation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  10  AUen,  403*. 

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

make  search  in  suspected  places,  or  to  arrest  one  or  more  139. 
suspected  persons,  or  to  seize  their  property,  be  not  accom-  273.^^^*'  ^^^' 
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 

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

all  suits  between  two  or  more  persons,  except  in  cases  111  cept,  etc. 

which  it  has  heretofore  been  otherways  used  and  practised,  Amend°t  vif.'* 

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

of  procedure  shall  be  held  sacred,  unless,  in  causes  arising;  ^^fray,  144. 

,11.1  1  1  \     ,        .  .  ,  ^8  Gray,  373. 

on  tne  nign  seas,  and  such  as  relate  to  mariners  wages,  ii  Alien,  574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  lo^Mass. 45^ 

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


CONSTITUTION   OF  THE 


Liberty  of  the 
press. 


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


Moral  qualifica- 
tions for  office. 


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


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


Power  to  BUS- 
pend  the  laws  or 
their  execution. 


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


Frequent  ees- 
Bions,  and  ob- 
jects thereof. 


Taxation  found 
ed  on  consent. 
8  Allen,  247. 


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

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

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

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  sutler. 

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  the  laws,  ought  never  to  l)e  exercised  but  by  the 
legislature,  or  l)y  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  cither  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  w^hatsoever. 

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  ^lASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  ex  post  facto 
the  existence  of  such  laws,  and  which  have  not  been  de-  12'AnJn,  421?  ' 
clared  crimes  by  preceding  laws,  are  unjust,  oppressive,  424,428,434. 
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  guilt}''  of  treason  or  felony  by  the  legisla-  t^elsouretc. 
ture. 

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

.  ^       .  .  .  ,  •     (!•         tines,  and  cruel 

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

,  ,  .    1  ,  prohibited. 

cruel  or  unusual  punishments.  5  Gray,  482. 

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

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

XXIX.  It  is  essential  to  the  preservation  of  the  rights  judges  of  su. 
of  every  individual,  his  life,  liberty,  property,  and  charac-  cofm?  """'^'"''^ 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  \^^^yfl^2. 
and  administration  of  iustice.     It  is  the  right  of  every  f'}|}en.59i- 

•     1   T        .      1  /•  •  •    1  1     •      1         7  Allen,  385. 

citizen  to  be  tried  by  judges  as  tree,  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  ofBces  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  ciTuanrfeill'" 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  JjJenfs.'*'^^^"' 
never  exercise  the  legislative  and  judicial  powers,  or  either  \'^^l\^ll{ 
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. 
Tlie  Frame  of  Government. 

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


Legislative 
department. 


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


Governor'sveto. 
99  Mass.  63G. 


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


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  AVednesday  in 
May;]  and  shall  be  styled,  The  General  Court  of 
Massachusetts. 

II.  No  bill  or  resolve  of  the  senate  or  house  of  repre- 
sentatives shall  become  a  law,  and  have  force  as  such, 
until  it  shall  have  been  laid  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  olijections  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  Avith  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.  For  exception 

1    •  1  T    ^  •  f  1  •11    in  case  of  ad- 

And  in  order  to  prevent  unnecessary  delays,  it  anv  bill  joummentof 

,       .       the  ^'eneral 

or  resolve  shall  not  be  returned  liy  the  governor  within  court  within 
live  days  after  it  shall  have  been  presented,  the  same  shall  l^t  amend' ^' 
have  the  force  of  a  law.  "Mass'.te"; '^^ 

HI.     The  general  court  shall  forever  have  full  power  General  court 
and  authority  to    erect    and    constitute  judicatories  and  ju'dTcatorfe's!"^ 
courts  of  record,  or  other  courts,  to  be  held  in  the  name  courts  of  record, 
of  the  commonwealth,  for  the  hearing,  tryins;,  and  deter-  ?,*^''^>'' ^;. , 

•  ^o^*/C'  22  Gray,  147, 

mining  of  all  manner  of  crimes,  otFences,  pleas,  processes,  154. 

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  :  whether  the  same  be  criminal  or  civil, 

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

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

for  the  awarding  and  making  out  of  execution  thereupon. 

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

granted  full  power  and  authority,  from  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-  IauIu,^-^. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  12  Alien,  223, 
directions  and  instructions,  either  with  penalties  or  with-  100 Mass.  544, 
out ;  so  as  the  same  be  not  repugnant  or  contrary  to  this  lie'jiass.  407, 
constitution,  as  they  shall  judge  to  be  for  the  good  and    '"* 
welfare  of  this  commonwealth,  and  for  the  government  jaws^^t 
and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  repugnant 
for  the  necessary  support  and  defence  of  the  government  6  Alien,  35s'. 
thereof;  and  to  name  and  settle  annualh',  or  provide  by    may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  or  appoLtmeut 
within  the  said  commonwealth,  the  election  and  consti-  n5°Sass.*602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for  ;  and  to  set  forth  the  several  th^r  dmiel"^''^ 
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 


enact 
etc.,  not 
to 
constitution. 


12 


CONSTITUTION   OF  THE 


may  Impose 
taxed,  etc. 
12  Maes.  25-2. 

5  Allen,  42S. 

6  Allen,  558. 

8  Allen,  247,253. 

10  A  lien,  235. 

11  Allen,  268. 

12  Allen,  77,  223, 
235,  238, 240, 29S, 
SCO,  312,  313, 600, 
612. 

gS  Mass,  19. 

100  MaB8.  285. 

101  Maes.  575, 
5S5. 

103  Mass.  2G7. 

114  Mass.  3SS, 

391. 

lieMaes.  461. 

118  Mass.  3SG, 

389 

123  Mass.  493, 

495. 

127  Maes.  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  Maee.  547. 


this  con.?titution  ;  and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 
inhabitants  of,  and  persons  resident,  and  estates  lying, 
Avithin  the  said  connnonwealth  ;  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  within 
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.  XSil. 


For  provision  as 
to  councillors, 
eee  amend- 
ments, Art. 

:\vi. 


CHAPTER  I. 
Sectiox  II. 

Senate. 

Article  I.  [There  shall  bo  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  l)y  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 

,  1      11      T  •  •  districts,  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.] 

n.     The  senate  shall  be  the  first  branch  of  the  legisla-  Manner  and 
ture  ;  and  the  senators  shall  be  chosen  in  the  following  man-  sMatm-s  and^'°^ 
ner,  viz.  :  there  shall  be  a  meeting  on  the  [first  Monday  in  amTndmrats^**' 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  Ans.x.  and 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  to  cuies, see 

1,11.  ^  1     •         ^  /»!  J    amendments, 

by  the  selectmen,  and  warned  in  due  course  or  law,  at  Art.  ii. 
least  seven  days  before  the  [first  Monday  in  April,]  for  qualifications  of 
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,  un"'^''^ defined!" 
shall  have  a  riiiht  to  give  in  his  vote  for  the  senators  for  See  also  amend- 

/•I'li-  •!         •  ments,  Art. 

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

iiiii  •  ji  •  I'ji  1         "11.,      was  annulled  by 

all  doubts  concerning  the  meaning  ot  the  word  "  inhabit-  Art^xxvi. 
ant"  in  this  constitution,  every  person  shall  be  considered  122 Mass.'sijs, 
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  wdiere  he  dwelleth,  or  hath 
his  home. 

The  selectmen  of  the  several  towns    shall  preside  at  selectmen  to 

,  ..  .  .,,  Till  •!  preside  at  town 

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


14 


COXSTITUTIOX   OF   THE 


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


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


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


Governor  and 
council  to  ex- 
amine and  count 
votes,  and  issue 
Bummonses. 
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  sherilf  of  the  county  in  which  such 
town  lies,  thirty  days  at  least  before  [the  last  Wednesday 
in  ^lay]  annually  ;  or  it  shall  be  delivered  into  the  secre- 
tary's office  seventeen  days  at  least  before  the  said  [last 
Wednesday  in  INIay  :]  and  the  sheriff  ot  each  county  shall 
deliver  all  such  certiticates  l)y  him  received,  into  the 
secretary's  office,  seventeen  days  before  the  said  [la.st 
Wednesday  in  INIay.] 

And  the  inhalntants  of  plantations  unincorporated, 
qualified  as  this  constitution  provides,  who  are  or  shall 
1)0  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  ])lantation  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  goA'crnment  by  the  assessors  of  an  adjacent 
town,  shall  have  the  privilege  of  giving  in  their  votes  for 
councillors  and  senators  in  the  town  where  they  shall  be 
assessed,  and  be  notified  of  the  place  of  meeting  hy  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  ^lay]  annually,  the  gov- 
ernor with  five  of  the  council,  for  the  time  being,  shall, 
as  soon  as  may  ])e,  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  1)6 
examined  by  the  president  and  five  of  the  council  of  the 
former  constitution  of  government ;  and  the  said  president 
,'^hall,  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  sliall,  Ton  the  said  ?''™®f!^,"°^'"^ 

f  -TTT     1  1  -Ti*--!  11  ij_  •111  to  first  ^\  edues- 

last  vv  ednesday  in  May]  annually,  determine  and  declare  day  of  January 
who  are  elected  by  each  district  to   be   senators  [by  a  Art'.'x"  ™®"'®' 
majority  of  votes  ;  and  in  case  there  shall   not  appear  to  ^an^'d  to 
be  the  full  number  of  senators   returned    elected    by  a  fmendmema 
majority  of  votes  for  any  district,  the  deficiency  shall  be  Art.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  Jj^g^^"*^®'  ^^'^ 
senators  sufficient  to  fill  up  the  vacancies  in  such  district ;  Changed  to 
and  in  this  manner  all  such  vacancies  shall  be  filled  up  in  people?  ^ 
every  district  of  the  commonwealth  ;  and  in  like  manner  ment^Anl 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^^^' 
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,  fsl^ed!"  ^''°^" 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  ^'e^nj^^ft" 

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^o^"^ ' 
has  not  been  an  inhabitant  of  this  commonwealth  for  the  a^so'^amend^.'''^ 
space  of  five  years  immediately  preceding  his  election,  and,  xxii.'^''' 
at  the  time  of  his  election,  he  shall  be  an  inhabitant  in  the 
district  for  which  he  shall  be  chosen. 

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

VII.  The  senate  shall  choose  its  own  president,  appoint  .,  ^^5l'  choose 

.  .  ^  ,  \^  Its  omcere  and 

its    own    oiiicers,    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 


Quoninj. 
See  amend' 
ments.  Arts. 
XXII.  and 
XXXIIl. 


of  honor,  trust,  or  profit,  under  this  commonwealth  ;  but 
the  party  so  convicted  shall  be,  nevertheless,  lial)le  to 
indictment,  trial,  judgment,  and  punishment,  according  to 
the  laws  of  the  land. 

IX.      [Not   less  than  sixteen  members  of   the   senate 
shall  constitute  a  quorum  for  doing  business.] 


Representation 
of  the  people. 


Representa. 
lives,  by  whom 
chosen. 

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


Proviso  as  to 
towns  having 
iess  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. 


Qualifl cations  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  numl)er  for  every  additional 
representative. 

Provided,  nevertheless,  that  each  town  now  incorporated, 
not  having  one  hundred  and  fifty  ratal)le  polls,  may  elect 
one  representative  ;  but  no  })lace  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  scasona])ly  as  he  can,  in 
the  judgment  of  the  house,  and  docs  not  depart  without 
leave.] 

III.  Every  mem])er  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 
itant  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  xxl' 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  ficatiou7abot''" 
the  value  of  two  hundred  pounds ;  and  he  shall  cease  to  ^enu^^Art?^"'^' 
represent  the  said  town  mimediately  on  his  ceasing  to  be  xni.' 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  ^"^Jg^^''^^"*''^ 
aoe,  and  resident  in  any  particular  town  in  this  common-  Tiiesepro. 

O    '  ,  f  T  1  •  Visions  super- 

wealth  tor  the  space  oi  one  year  next  precedmg,  having  a  sededby 

freehold  estate  within  the  said  town  of  the  annual  income  Art8.iii.,x'x., 

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

shall  have  a  right  to  vote  in  the  choice  of  a  representative  f^^}^o  amend- 

or  representatives  for  the  said  town.l  ^t".'f^^''u.  u 

-IT  rmi  1  f     1        1  •  'in    XXIII.,  which 

V.  [The  members  oi  the  house  ot  representatives  shall  was  annulled  by 
be  chosen  annually  in  the  month  of  May,  ten  days  at  least  RepVesenta! 
before  the  last  Wednesday  of  that  month.  1  tives.when 

J  J  chosen. 

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

Art.  XV. 

VI.  The  house  of  representatives  shall  be  the  grand  canTmpeach. 
inquest   of    this   commonwealth ;    and   all   impeachments 

made  l)y  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  originate  in  the  house  of  i,a°raii  monfy 
representatives  ;  but  the  senate  may  propose  or   concur  ^'"*" 

with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power  mCre'thau°two 
to  adjourn  themselves  ;  provided  such  adjournment  shall  "^ays. 

not  exceed  two  days  at  a  time.  q^^^^,,„    g^^ 

IX.  [Not  less  than  sixty  members  of  the  house  of  amendments, 
representatives  shall  constitute  a  quorum  for  doing  busi-  xxxiii.  ' 
ne-ss.] 

X.  The  house  of  representatives  shall  be  the  judge  of  J^^^l'^^^^il^  „f 
the  returns,  elections,  and  qualifications  of  its  own  mem-  j^'err't^o'^ho^ose 
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  ^%p."°-q'^ 
shall    have  authority  to    punish    by  imprisonment  every  offences.  ^^ 
person,  not  a  meml)er,  who  shall  be  guilty  of  disrespect 

to  the  house,  by  any  disorderly  or  contemptuous  behavior 
in  its  presence  ;  or  who,  in  the  town  where  the  general 
court  is  sitting,  and  during  the  time  of  its  sitting,  shall 
threaten  harm  to  the  body  or  estate  of  any  of  its  members, 
for  any  thing  said  or  done  in  the  house  ;  or  who  shall 
assault  any  of  them  therefor ;  or  who  shall  assault,  or 
arrest,  any  witness,  or  other  person,  ordered  to  attend  the 


18 


CONSTITUTION   OF  THE 


Privileges  of 
members. 


Senate. 
Governor  and 
council  may 
punish. 

General  limita- 
tion. 
14  Gray,  226. 


Trial  may  be  by 
committee,  or 
otherwise. 


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

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

XI.  The  senate  shall  have  the  same  powers  in  the  like 
cases  ;  and  the  governor  and  council  shall  have  the  same 
authority  to  punish  in  like  cases  :  provided,  that  no  impris- 
onment on  the  warrant  or  order  of  the  governor,  council, 
senate,  or  house  of  representatives,  for  either  of  the  above 
described  offences,  be  for  a  term  exceeding  thirty  days. 

And  the  senate  and  house  of  representatives  may  try 
and  determine  all  cases  where  their  rights  and  privileges 
are  concerned,  and  which,  by  the  constitution,  they  have 
authority  to  try  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  way  as  they  may  respectively 
think  best. 


Governor. 


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


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

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


CHAPTER  II. 

EXECUTIVE    POWER. 

Sectiox  I. 

Governor. 

Article  I.  There  shall  he  a  supreme  executive  magis- 
trate, who  shall  be  styled  —  The  Governor  of  the 
Co.MMOXWEALTH  OF  Mas8.\chusetts  ;  and  whose  title 
shall  be  —  His  Excellexcy. 

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

HI.  Those  persons  who  shall  be  qualilied  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  [ffrst  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  number  of  votes 
for  each  person  against  his  name  ;  and  shall  make  a  fair 
record  of  the  same  in  the  town  books,  and  a  public  decla-  As  to  cities,  see 

r'  •  •!  •  Till-  amendments, 

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

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

attested  by  him  and  the  selectmen,  and  transmit  the  same 

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

[last  Wednesday  in  May]  ;  and  the  sheriff  shall  transmit  F'™^  f ^fJ^I'^d 

L  ^  -^  J   '  to  first  Wednea- 

the  same  to  the  secretary  s  omce,  seventeen  days  at  least  day  of  January 
before  the  said  [last  W^ednesday  in  May]  ;  or  the  select-  Aru'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  chaaged  to 
examined  ;  and  [in  case  of  an  election  by  a  majority  of  all  am'eudmeufs, 
the  votes  returned] ,  the  choice  shall  be  by  them  declared  ^""  "^,^^ ' 

— '  *^  How  CllOSGD, 

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

IV.  The  governor  shall  have  authority,  from  time  to  rower  of  gov- 
time,  at  his  discretion,  to  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?frcJuit 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  "^d'ionTOne'' 
the  two  houses  shall  desire  ;   [and  to  dissolve  the  same  on  t^ie  same. 

All  J  T  ^         1  -t-f-      ^  T'nr  i       As  to  dissolu- 

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


20 


CONSTITUTIOX  OF  THE 


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

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


Governor  to  be 
commander-in- 
chief. 


court  is  next  at  any  time  to  convene,  or  any  other  cause 
liappening,  Avhereby  danger  may  arise  to  the  health  or 
lives  of  the  members  from  their  attendance,  he  may  direct 
the  session  to  be  held  at  some  other,  the  most  convenient 
place  within  the  state. 

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

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

VII.  The  governor  of  this  commonwealth,  for  the  time 
l)eing,  shall  be  the  commander-in-chief  of  the  army  and 
nav}^  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  tiine  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy ;  and,  for  the  special  defence  and  safety  of  the 
commonwealth,  to  assem])le  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  commouAvealth  ;  and  to  use  and  exercise,  over  the 
army  and  nav}',  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,  amnuuiition, 
and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoAMUg  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  laud,  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  l)y  this  constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legis- 
lature, transport  any  of  the  inhabitants  of  this  common- 
wealth, or  ol3lige  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. 

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

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

.       •,!      ,         T  1  J.'       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-general,!  the  Judicial offi- 

.^  vcr  ^j  cers  etc.  how 

solicitor-general,  [all  sheriffs,]  coroners,  [and  registers  of  nominated  and 
probate,]  shall  be  nominated  and  appointed  by  the  gov-  Fo?°provt'ions 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  of  attoraej-'' 
and  every  such  nomination  shall  be  made  by  the  o-overnor,  general,  see 

•'  .  ,*^.~  amendments, 

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

For  provision  as  to  election  of  sheriffs,  registers  of  probate,  etc.,  see  amendments.  Art. 
XIX.    For  provision  as  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  Limitauon  of 
list  of  their  respective  companies,  [of  twenty-one  years  blVm^j^d".  °"' 
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-  Howcommis- 
missioned  by  the  governor,  who  shall  determine  their  rank.  *'°°^  " 

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

The  major-generals  shall  be  appointed  by  the  senate  and  ^TalfpSmtd' 
house  of  representatives,  each  having^  a  negative  upon  the  andcommis- 

I  -,   1  ..Til  sioned. 

other ;  and  be  commissioned  by  the  governor. 

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

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


\ 


22 


CONSTITUTION  OF  THE 


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


AdjutautB,  etc., 
how  appointed. 


Army  officers, 
how  appointed. 


Organization  of 
militia. 


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


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


tions,  after  l)ein2:  duly  notified,  according  to  the  laws  for 
the  time  being,  then  the  governor,  with  advice  of  council, 
shall  appoint  suitable  persons  to  till  such  offices. 

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

The  commanding  officers  of  regiments  shall  appoint 
their  adjutants  and  quartermasters  ;  the  brigadiers  their 
brigade-majors  ;  and  the  major-generals  their  aids ;  and 
the  governor  shall  appoint  the  adjutant-general. 

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

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

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

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


COMMONWEALTH   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  pul)lic  officers,  shall  com- 
municate to  the  governor,  as  soon  as  may  be  after  receiving 
the  same,  all  letters,  despatches,  and  intelligences  of  a 
public  nature,  which  shall  l)e  directed  to  them  respectively. 

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

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

j.    ,,,,,.,.  .  ,    ,  ,  tices  of  supreme 

hshed  by  law  tor  the  justices  ot  the  supreme  judicial  court,  judicial  court. 
And  if  it  shall  be  found  that  any  of  the  salaries  afore-  salaries  to  bo 
said,  so  established,  are  insufficient,  they  shall,  from  time  fnsuffldent. 
to  time,  be  enlarged,  as  the  general    court   shall  judge 
proper. 


CHAPTEE    II. 

Section  II. 
L  ieutenant-  Governor. 

Article  I.     There  shall  be  annually  elected  a  lieuten- Lieutenam- 
ant-governor   of    the    commonwealth    of    Massachusetts,  fukfand'^.juaHti 
whose   title    shall    be  —  His    Honor;   and  who   shall  be '^'"'°"f-  ^ee 

..J.     1      .  .  ._,.._  ainendmeuis, 

qualified,  in  point  ot   [religion,]  property,  and  residence  Aits^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  filled  by  the  senate  and  house   of  repre-  '' "'■=''"i' p''"- 


24 


CONSTITUTION   OF  THE 


vided  fur  by 
amend  ments, 
Art.  XIV. 


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


Lieutenant- 
governor  to  be 
acting  governor, 
la  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  l)e  president  of  the  council,  but  shall  have 
no  vote  in  council  ;  and  the  lieutenant-governor  shall 
always  be  a  member  of  the  council,  except  when  the  chair 
of  the  governor  shall  be  vacant. 

III.  Whenever  the  chair  of  the  governor  shall  be 
vacant,  by  reason  of  his  death,  or  absence  from  the  com- 
monwealth, or  otherwise,  the  lieutenant-governor,  for  the 
time  being,  shall,  during  such  vacancy,  perform  all  the 
duties  incumbent  upon  the  governor,  and  shall  have  and 
exercise  all  the  powers  and  authorities,  which  by  this 
constitution  the  governor  is  vested  with,  when  personally 
present. 


Council. 
Number  of 
councillors 
changed  to 
eight. 

Bee  amend- 
ments, Art. 
XVI. 


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

Superseded  by 
amendments, 
Art.XVl. 


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


CHAPTER   II. 

Section  III. 

Council,  and  the  Manner  of  settling  Elections  hij  the  Legis- 
lature. 

Article  I.  There  shall  be  a  council  for  advising  the 
governor  in  the  executive  part  of  the  government,  to 
consist  of  [nine]  persons  besides  the  lieutenant-governor, 
whom  the  governor,  for  the  time  being,  shall  have  full 
power  and  authority,  from  time  to  time,  at  his  discretion, 
to  assemble  and  call  together  ;  and  the  governor,  with  the 
said  councillors,  or  five  of  them  at  least,  shall  and  may, 
from  time  to  time,  hold  and  keep  a  council,  for  the  order- 
ino"  and  directing  the  aflairs  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  AVcdnesday  in  ]May,  by  the  joint  l)allot  of 
the  senators  and  representatives  assembled  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  Avhole  nuinl)er  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 

HI.     The  councillors,  in  the  civil  {ii-rangements  of  the  Raukof 
commonwealth,  shall  have  rank  next  after  the  lieutenant-  '="""'='"°'^ 
governor. 

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

Superseded  by  amendments,  Art.  XVI. 

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

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

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

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

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

from  day  to  day  until  the  same  shall  be  completed.     And  gupersedeTby 
the  order  of  elections  shall  be  as  follows  :  the  vacancies  in  amendments, 
the  senate,  if  any,  shall  first  be  tilled  up ;  the  governor  xxv." 
and  lieutenant-governor   shall  then  be  elected,  provided 
there  should  be  no  choice  of  them  by  the  people  ;  and 
afterwards  the  two  houses  shall  proceed  to  the  election  of 
the  council.] 


CHAPTER    II. 

Section  IV. 

Secretary^  Treasurer^  Commissary ^  etc. 

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

Urcr    SDQ  FG- 

the  citizens  of  this  commonwealth  may  be  assured,  from  ceive'r-generai. 

,•  J.        x-  A.^      A.    ^\  •     •  •        ji  1  !•      and  auditor  and 

tmie  to  time,  that  the  moneys  remaining  in  the  public  aitomey-gen- 
treasury,  upon  the  settlement  and  liquidation  of  the  pub-  mentsfA^ru''"''' 
lie  accounts,  are  their  property,  no  man  shall  be  eligible  ^^"- 


26 


CONSTITUTION   OF   THE 


Treasurer  in.      as  treasurer  and  receiver-general  more  than  live  years  suc- 

cliffiblc  for  more  .        ■ 

Ihan  live  sue-         CeSSlVCly. 

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


ceesive  years. 


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


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 
officers  to  be 
expressed. 
Judicial  officers 
to  hold  office 
during  good 
behavior,  ex- 
cept, etc. 
But  may  be 
removed  on 
address. 


Justices  of  su- 
preme judicial 
court  to  give 
opinions  when 
required. 
122  Mass.  600. 
126  Mass.  557, 
561. 

Justices  of  the 
peace ;  tenure 
of  their  oflice. 
3  Cash.  5S4. 


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,  with  consent  of  the 
council,  may  remove  them  upon  the  address  of  both  houses 
of  the  legislature. 

II.  Each  branch  of  the  legislature,  as  well  as  the 
governor  and  council,  shall  have  authority  to  require  the 
opinions  of  the  justices  of  the  supreme  judicial  court, 
upon  important  questions  of  law,  and  upon  solemn 
occasions. 

III.  In  order  that  the  people  may  not  suffer  from  the 
long  continuance  in  place  of  any  justice  of  the  peace  who 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  ability  or  fidelity,  all  commissions  of  justices  of  the 
peace  shall  expire  and  become  void,  in  the  term  of  seven 
years  from  their  respective  dates  ;  and,  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
renewed,  or  another  })erson  ajipointed,  as  shall  most  con- 
duce to  the  well-being  of  the  commonwealth. 

IV.  The  judges  of  probate  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  damage, 

O^  '  1111  1  1    divorce,  and  all- 

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.  W5 Mass. 327. 

116  Maes.  317. 


CHAPTER    lY. 

DELEGATES    TO    CONGRESS, 

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


CHAPTER    V. 

THE  UNIVERSITY  AT  CAMBRIDGE    AND    ENCOURAGEMENT    OF 
LITERATURE,  ETC. 

Section  I. 
The   University/. 

Article  I.     Whereas  our  wise  and  pious  ancestors,  so  Harvard 
early  as  the  year  one  thousand  six  hundred  and  thirty-six,  <^°"^§®- 
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  w^iereas  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,  prin- 
Harvard   College,    in   their    corporate    capacity,    and  Ihf president 
their  successors  in  that  capacity,  their  officers  and  ser-  coafiraeJ*' 
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  i)resi- 
dent  and  fellows  of  Harvard  Colleo:e,  and  to  their  suc- 
cessors, and  to  their  officers  and  servants,  respectively, 
forever. 

II.  And  whereas  there  have  been  at  sundry  times,  by 
divers  persons,  gifts,  grants,  devises  of  houses,  lands,  tene- 
ments, goods,  chattels,  legacies,  and  conveyances,  hereto- 
fore made,  either  to  Harvard  Colleire  in  Cambridofe,  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 

AH  gifts,  grants,  all  the  saicl   gifts,  grants,  devises,  leo;acies,  and  convev- 

etc,  coDfirmed.  o'c'  '  ^'o  '  •/ 

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

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     ascertain  who  shall  be  deemed  successors  to  the  said  gov- 
ernor, deputy-governor,  and  magistrates ;  it  is  declared, 
is^5if224?^^^'      that  the  governor,  lieutenant-governor,  council,  and  senate 
1859*  212  ^^  t^^^  commonwealth,  are,  and  shall  be  deemed,  their 

1865^  173.  successors,  who,  with  the  i:)resident  of  Harvard  College, 

ISSO   65.  ^77  1        ^  ^     ^  o     ' 

for  the  time  being,  toirether  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  nothins:  herein  shall  be  construed  to  pre- 

tion  reserved  to  ^         ,,,,.,    ,  /?    .1   •  Itl      r  1   • 

the  legislature,  vcut  the  legislature  or  this  commonwealth  from  making 
such  alterations  in  the  government  of  the  said  university, 
as  shall  be  conducive  to  its  advantage,  and  the  interest 
of  the  republic  of  letters,  in  as  full  a  manner  as  might 
have  been  done  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  knowledo^e,  as  well  as  virtue,  diffused  2fen-  t^  ,    <.,   • , 

d_    '  '  fn  Duty  of  legisla- 

erally  among  the  body  oi  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  ^sLm'^To^"^"' 
education  in  the  various  parts  of  the  country,  and  among  sre^amend""'*' 
the  different  orders  of  the  people,  it  shall  be  the  duty  of  ™^°'j^^  ^'■t- 
legislatures  and  magistrates,  in  all  future  periods  of  this  i2Aiien,  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,    pulilic   schools    and   grammar 
schools  in  the  towns  ;  to  encourage  private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,  commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country ;  to 
countenance  and  inculcate  the  principles  of  humanit}'  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-  Oaths,  etc. 
governor,  councillor,  senator,  or  representative,  and  accept- 
ing the  trust,  shall,  ])efore  he  proceed  to  execute  the  duties 
of  his  place  or  office,  make  and  subscribe  the  following 
declaration,  viz.  : 

"  I,  A.  B.,  do  declare,  that  I  believe  the  Christian  reli-  Abolished    see 

.^,  '  amendments, 

gion,  and  have  a  nrm  persuasion  of  its  truth  ;  and  that  I  Art.  vii. 
am  seised  and  possessed,  in  my  own  right,  of  the  property 
required  by  the  constitution,  as  one  qualification  for  the 
office  or  place  to  which  I  am  elected." 

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


30 


CONSTITUTION  OF  THE 


Declaration  and 
oaths  of  all 
officers. 


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


Oath  of  office. 


Proviso. 
See  amend- 
ments, Art.  VI 


ence  of  the  two  houses  of  assembly  ;  and  the  senators  and 
representatives,  tirst  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- 
scrilie  the  following  declaration,  and  oaths  or  affirmations, 
viz.  : 

["  I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess, 
testify,  and  declare,  that  the  Commonwealth  of  jSIassachu- 
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  conmionwealth,  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  conmionwealth,  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  risfht  to  absolve  or  discharae 
me  from  the  obligation  of  this  oath,  declaration,  or  affir- 
mation ;  and  that  I  do  make  this  acknowledgment,  pro- 
fession, testimony,  declaration,  denial,  renunciation,  and 
abjuration,  heartily  and  truly,  according  to  the  common 
meaning  and  acceptation  of  the  foregoing  words,  without 
any  equivocation,  mental  evasion,  or  secret  reservation 
whatsoever.     So  help  me,  God."] 

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

the  best  of  my  al)ilities  and  understanding,  agreeably  to 
the  rules  and  regulations  of  the  constitution  and  the  law^s 
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 


COMMONWEALTH   OF   MASSACHUSETTS.  31 

people  called  Quakers,  and  shall  decline  taking  the  said 
oath[s],  he  shall  make  his  afBrmation  in  the  foregoing 
form,  and  subscribe  the  same,  omitting  the  words,  ["  I  do 
swear,""  "  and  abjure,""  "  oath  or,''  "  and  abjuration ,""  in  the 
first  oath,  and  in  the  second  oath,  the  words]  "■  sivear 
and,"  and  [in  each  of  them]  the  words  "  So  help  me, 
God;"  subjoining  instead  thereof,  "  T]iis  I  do  under  the 
'pains  and.  jienalties  of  per  jury ."" 

And  the  said  oaths  or  aflBrmations  shall  be  taken  and  .^ffirma'tions, 
subscribed  by  the  governor,  lieutenant-governor,  and  coun-  {'^"g/'^™'"'^- 
cillors,  l)efore  the  president  of  the  senate,  in  the  presence 
of  the  two  houses  of  assem]>]y  ;  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 
officers  aforesaid,  before  such  persons  and  in  such  manner 
as  from  time  to  time  shall  be  prescribed  by  the  legislature. 

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

Xo  person  shall  be  ca])al)le  of  holdins:  or  exercising  at  ^^^f  ^'^^'t'^'- 

,  ^  .  .   ,  .        ^,  .  *      ,  p  .        1  Allen,  6o3. 

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

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

—  commissary-general — [president,  professor,  or  instruct-  °J^gnd„ients 
or  of  Harvard  College] — sheriff — clerk  of  the  house  of  q^^^^j  n^, 
representatives  —  register  of  probate  —  register  of  deeds  vard  college 

—  clerk  of  the  supreme  judicial  court  — clerk  of  the  infe-  Imendment^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- 
ticationB  may 
be  increased. 
See  amend- 
ments, Arts. 
XIII.  and 
XXXIV. 


Provisions 
respecting 
commissions. 


Provisions  re- 
specting writs, 

2  Pick.  692. 

3  Met.  58. 
13  Gray,  74. 


Continuation  of 
former  laws, 
except,  etc. 

1  Mass.  59. 

2  Mass.  634. 

8  Pick.  309,316. 
16  Pick.  107, 116. 
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  oj^erate  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  office  of  trust  or  importance  under 
the  government  of  this  commonwealth,  who  shall,  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or 
corruption  in  obtaining  an  election  or  appointment. 

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

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

V.  All  writs,  issuing  out  of  the  clerk's  office  in  any  of 
the  courts  of  law,  shall  be  in  the  name  of  the  Common- 
wealth of  Massachusetts  ;  they  shall  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, Avho  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  ])ractised  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  WTit  of  habeas 
corpus  shall  l)e  enjoyed  in  this  commonwealth,  in  the  most 
free,  easy,  cheap,  expeditious,  and  ample  manner;  and 
shall  not  be  suspended  by  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceeding  twelve  months. 


COMMONWEALTH   OF   MASSACHUSETTS.  33 

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  officers  of 
danger  arise  to  the  commonwealth  from  a  change  of  the  ment^cominued 
form  of  government,  all  officers,  civil  and  military,  hold-  "°'i''^''=- 
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-  smm^n.'^""' 
tions  which  by  any  means  may  be  made  therein,  as  well  p°Jvi^onaf  to 
as  to  form  such  alterations  as  from  experience  shall    be  amendments, 

,  .     ^  .  666  amend- 

found  necessary,  the  ijeneral  court  which  shall  be  in  the  ments,  Art.  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  8Ututk)ur°" 
shall  assemble  and  vote  in  consequence  of  the  said  pre- 
cepts, are  in  favor  of  such  revision  or  amendment,  the 
general  court  shall  issue  precepts,  or  direct  them  to  be 
issued  from  the  secretary's  office,  to  the  several  towns 
to  elect  delegates  to  meet  in  convention  for  the  purpose 
aforesaid. 

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


34 


CONSTITUTION   OF  THE 


ProviBion  for 
preserving  and 
publishing  this 
coastitutiuu. 


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


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


General  court 
empowered  to 
charter  cities. 
122  Mass.  364. 


Proviso. 

112  Mass.  200. 


Qualifications  of 
voters  for  gov- 
ernor, lieuten- 
ant-governor, 
senators  and 
representatives. 
See  amend- 
ments, Arts. 
XX.X.and 
XXXII. 
11  Pick  538, 540. 
14  Pick.  341. 
14  Mass  3C7. 
5  Met.  162,298, 
591,  594. 
7  Gray,  299. 
122Ma88.o9.i,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  returning  the  votes  given  at  such  meetings. 
Provided,  that  no  such  government  shall  be  erected  or 
constituted  in  any  town  not  containing  twelve  thousand 
inhabitants,  nor  unless  it  be  with  the  consent,  and  on  the 
application  of  a  majority  of  the  inhal)itants  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  every  citizen  see  amend.  ' 
who  shall  be,  by  law,  exempted  from  taxation,  and  who  For'p^ro  vision  as 
shall  be,  in  all  other  respects,  qualified  as  above  mentioned,]  h°ave°  Mved°in 
shall  have  a  rio^ht  to  vote  in  such  election  of  governor,  thearmyor 

~  .       ~  ,  navy  lu  time  of 

lieutenant-governor,  senators,  and  representatives  ;  and  no  war,  see  amend 

o  '  _'  *-_  \  meiits   Arts 

other  person  shall  be  entitled  to  vote  in  such  elections.        xxviii.an'd 

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-  auJi^movedr. 
pointed,  and  shall  hold  their  offices  during  seven  years, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the 
legislature. 

[In  case  the  office  of  secretary  or  treasurer  of  the  com-  vacancies  Jn the 
monwealth  shall  become  vacant  from  any  cause,  during  L^y  a^ndftrea?-" 
the  recess  of  the  general  court,  the  governor,  with  the  Th^s  clause "'''^' 
advice  and  consent  of  the  council,   shall    nominate    and  «"pe"ededby 

.  '  Mil        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  ge^^l^^iirbe 
require  the  appointment  of  a  commissary-general,  he  shall  appointed,  in 
be  nominated,  appointed,  and  commissioned,  in  such  man- 
ner as  the  legislature  may,  by  law%  prescribe. 

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

Art.  V.     In  the  elections  of  captains  and  subalterns  who  may  vote 
of  the  militia,  all  the  members  of  their  respective  compa-  aubafternT.^  ^°** 
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  a^iumcers^" 
by  the  constitution,  the  following  oath  shall  be  taken  and  |u®vi"*At  i 
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  sw^ear,  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 

he  shall  make  his  affirmation  in  the  foregoino;  form,  omit- 
ting the  word  "  swear"  and  inserting,  instead  thereof,  the 
word  "  atfirm,"  and  omitting  the  words  "  So  help  me,  God," 
and  sul)joining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjmy." 
Testa  abolished.  j^i>t.  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. 
ofo°S.'''"''^  Art.  VIII.  No  judge  of  any  court  of  this  common- 
600,^^**'*^^'  wealth,  (except  the  court  of  sessions,)  and  no  person 
123  Mass.  535.  holding  any  office  under  the  authority  of  the  United 
States,  (postmasters  excepted,)  shall,  at  the  same  time, 
hold  the  office  of  governor,  lieutenant-governor,  or  coun- 
cillor, or  have  a  seat  in  the  senate  or  house  of  representa- 
tives of  this  commonwealth  ;  and  no  judge  of  any  court  in 
this  commonwealth,  (except  the  court  of  sessions,)  nor 
the  attorney-general,  solicitor-general,  county  attorney, 
clerk  of  any  court,  sheritf,  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  otfice  under  the  government  of 
this  commonwealth,  the  office  of  justice  of  the  peace  and 
militia  offices  excepted. 
wne^ufuuonl*  *°  Art.  IX.  If,  at  any  time  hereafter,  any  specific  and 
how  made.  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 

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

Art.  X.  The  political  year  shall  begin  on  the  first  ^f°jfo';?t^°^^™^a''r! 
Wednesday  of  January,  instead  of  the  last  Wednesday  of 
May  ;  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  May.  And  the  general  court  shall  be  aad  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  tha 
governor.  The  governor,  lieutenant-governor  and  coun- 
cillors, shall  also  hold  their  respective  offices  for  one  yeav 
next  following  the  first  Wednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

[The   meetino-  for  the  choice  of  o-overnor,  lieutenant- ^f«etings  for  the 

'-  ~  -,  .~  1111111  choice  or  gov. 

governor,  senators,  and  representatives,  shall  be  held  on  emor. ueuten. 
the  second  Monday  of  November  in  every  year  ;  but  meet-  etc.fwheu"to  be 
ings  may  be  adjourned,   if  necessary,  for  the  choice  of  This  clause 
representatives,  to  the  next  day,  and  again  to  the  next  amradrae'i^ts.^ 
succeeding  day,  but  no  further.      But  in  case  a  second  ^^t-  ^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  -^^^i^l^'^^^^^^^^ 
October,  next  following  the  day  when  the  same  shall  be  ^ou. 
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. 


Inconeistent 

provisions 

annulled. 


Religious 
freedom 
established. 
See  Dec.  of 
Rights,  ArU 
III. 


122MaBS.  40,  41. 


Census  of  rata, 
ble  polls  to  be 
taken  in  isy", 
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,  licutonant-iroyernor,  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  Avhicli  the  same  shall  l)e  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  here])y 
wholly  annulled. 

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

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

Art.  XII.  [In  order  to  provide  for  a  representation 
of  the  citizens  of  this  commonwealth,  founded  upon  the 
principles  of  equality,  a  census  of  the  ratable  polls,  in  each 
city,  town,  and  district  of  the  commonwealth,  on  the  first 
day  of  May,  shall  be  taken  and  returned  into  the  secre- 
tary's office,  in  such  manner  as  the  legislature  shall  pro- 
vide, within  the  month  of  IMay,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty-seven,  and  in  every 
tenth  year  thereafter,  in  the  month  of  IMay,  in  manner 
aforesaid  ;  and  each  town  or  city  having  three  hundred  rata- 
l)le  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  nXbie^poiis, 
polls,  at  the  last  preceding  decennial  census  of  polls,  shall  ^ojv  repreeent- 
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  ^^''^lll'^l;^^°^ 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  may  be  represented,  as  to 
that  surplus  number,  by  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  , 
and  such  city  or  town  may  elect  one  additional  represen- 
tative as  many  years,  within  the  ten  3'ears,  as  four  hundred 
and  fifty  is  contained  in  the  product  aforesaid. 

Any  two  or  more  of  the  several  towns  and  districts  Towns  may 

%  j_      f  ••i/»j_iiij.  i.  unite  into  repre- 

may,  by  consent  ot  a  majority  ot  the  legal  voters  present  sentative  dis- 
at  a  legal  meeting,  in  each  of  said  towns  and  districts,  '"'^*^' 
respectively,  called  for  that  purpose,  and  held  previous  to 
the  first  day  of  July,  in  the  year  in  which  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  rep- 
resentative district  to  continue  until  the  next  decennial 
census  of  polls,  for  the  election  of  a  representative,  or  rep- 
resentatives ;  and  such  district  shall  have  all  the  rights,  in 
regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  number  of  ratable  polls. 

The  governor  and  council  shall  ascertain  and  determine.  The  governor 
within  the  months  of  July  and  August,  in  the  year  of  our  determ'?ne\he 
Lord  one  thousand  eight  hundred  and  thirty-seven,  accord-  reaentatives^to" 
ing  to  the  foregoing  principles,  the  number  of  representa-  ^own^is^enmied. 
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  ™n« in  eve^J-'*  * 
number  of  ratable  polls  in  each  decennial  census  of  polls,  ^«'^>'«'*"- 
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 


Inconsistent 

provisions 

annulled. 


Census  of  inhab- 
itants  tobe  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- 
Bcniatives,  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  di.strict  is  ascertained 
and  determined  as  aforesaid,  the  governor  shall  cause  the 
same  to  be  published  forthwith  for  the  information  of  the 
people,  and  that  numl)er  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,  arc  herel)y 
Avholly  annulled.] 

Akt.  XIII.  [A  census  of  the  inhal)itants  of  each  city 
and  town,  on  the  first  day  of  May,  shall  be  taken,  and 
returned  into  the  secretarj^'s  oflice,  on  or  before  the  last 
day  of  June,  of  the  year  one  thousand  eight  hundred  and 
forty,  and  of  every  tenth  year  thereafter ;  which  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  3'ear  thereafter,  the  governor  and  council 
shall  assi2:n  the  numl^er  of  senators  to  be  chosen  in  each 
district,  according  to  the  num])er  of  inhabitants  in  the 
same.  But,  in  all  cases,  at  least  one  senator  shall  be 
assigned  to  each  district. 

The  members  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  l)e  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. 

,  ,       .  -,    . ,  .  .  seutation,  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  governor  and  J^''^  c^o''Jn™°o 
council  shall,  before  the  first  day  of  September,  apportion  apportion  the 

/.  .  i"ii»j_\l  1   number  ofrep. 

the  number  oi  representatives  which  each  city,  town,  and  resentatives  of 
representative  district  is  entitled  to  elect,  and  ascertain  fn  eve^^ten"*'^ 
how  many  years,  within  ten  years,  any  town  may  elect  a  J'^'*''** 
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  AVednesday  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  guperg'Jded by 
shall,  as  soon  as  may  be,  in  like  manner,  till  up  any  vacan-  amendments, 

,  1  "^     ,         1  •!     1         1       j^i  •  j^'  Art.  XVI. 

cies  that  may  happen  in  the  council,  by  death,  resignation, 

or  otherwise.     No  person  shall  be  elected  a  councillor,  who  Qualifications  of 

has  not  been  an  inhabitant  of  this  commonwealth  for  the  ^'^^'^ 

term    of  live   years  immediately  preceding  his  election  ; 

and  not  more  than  one  councillor  shall  be  chosen  from 

any  one  senatorial  district  in  the  commonwealth.] 

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

1  -I  .         ,  ^  .  .■,  court  or  council 

branch  of  the  general  court,  or  m  the  executive  council,      not  required. 

Art.  XIV.     In  all  elections  of  civil  officers  by  the  peo-  Elections  by  tha 
pie  of  this  commonwealth,  wdiose  election  is  provided  for  pfu Jaiuy  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  emor and  iegi& 
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, 
698. 


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. 


Orcanizatiou  of 
the  government. 


Art.  XVI.  Eiglit  councillors  shall  ])g  annually  chosen 
by  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  anytime,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as 
they  shall  lie,  from  time  to  time,  established  bj^  the  legisla- 
ture. No  person  shall  be  eligil)le  to  the  ofiice  of  council- 
lor who  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  years  immediately  preceding  his  elec- 
tion. The  day  and  manner  of  the  election,  the  return  of 
the  votes,  and  the  declaration  of  the  said  elections,  shall 
])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  l)c  l)y  them  examined ;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 
shall  be  by  them  declared  and  pul)lished ;  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. 

Aet.  XYH.     The  secretary,   treasurer   and   receiver- Eiectiou  of 
general,   auditor,   and  attorne^^-general,   shall   be  chosen  urer! auditJi-?*' 
annually,  on  the   day  in   November   prescribed   for   the  'generaTby\^he 
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  oflScers  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 
l)y  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'thlr^wise^office 
after  he  could  otherwise  enter  upon  his  duties,  to  qualify  vadalitf''™^'^ 
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-  '®'i"'*' ^' 
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°forBecta- 
all  moneys  which  may  be  appropriated  by  the  state  for  po^oHg'inaV 
the  support  of  common  schools,  shall  be  applied  to,  and  ^chwu^^j'e  ^° 
expended  in,  no  other  schools  than  those  which  are  con-  p°"tFkg°°^,, 
ducted  according  to  law,  under  the  order  and  superintend-  iii. 


44 


COXSTITUTIOX  OF  THE 


12  Allen,  500, 

jOS. 

103  Maes.  94,  96. 


Legislature  to 
prescribe  for 
the  election  of 
sheriffs,  regis- 
ters of  probate, 
etc. 

See  amend- 
ments. 

Art.  XXXVI. 
8  Gray,  1. 
13  Gray,  74. 


Reading  consti- 
tution in  English 
and  writing, 
necessary  quali- 
fications of 
voters. 
Pro\nso. 
For  other  quali- 
fications, see 
amendments, 
Art.  III. 
See  also  amend- 
ments, Art. 
XXIII.,  which 
was  annulled  by 
amendments. 

Art.  x:s;vi. 

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


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


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

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

110  Mass.  172,  173.  117  Mass.  602,  603.  121  Mass.  65. 

Art.  XX.  No  person  shall  have  the  right  to  vote,  or 
be  eligible  to  office  under  the  constitution  of  this  common- 
wealth, who  shall  not  be  able  to  read  the  constitution  in 
the  English  language,  and  write  his  name  :  provided y  hoiv- 
ever,  that  the  provisions  of  this  amendment  shall  not  apply 
to  any  person  prevented  by  a  physical  disability  from  com- 
plying with  its  requisitions,  nor  to  any  person  who  now 
has  the  right  to  vote,  nor  to  any  persons  who  shall  l)e 
sixty  3'ears  of  age  or  upwards  at  the  time  this  amendment 
shall  take  efl'ect. 

Art.  XXI.  A  census  of  the  legal  voters  of  each  city 
and  town,  on  the  first  day  of  ^lay,  shall  he  taken  and 
returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  da}^  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enumer- 
ation shall  be  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  ward  of  such  city.  The 
enumeration  aforesaid  shall  determine  the  apportionment 
of  representatives  for  the  periods  between  the  taking  of 
the  census. 

The  house  of  representatives  shall  consist  of  two  hun- 
dred and  forty  members,  which  shall  1)0  apportioned  by 
the  legislature,  at  its  first  session  after  the  return  of  each 
enumeration  as  aforesaid,  to  the  several  counties  of  the 
commonwealth,  equally,  as  nearly  as  may  be,  according 
to  their  relative  numbers  of  legal  voters,  as  ascertained 
by  the  next  preceding  special  enumeration  ;  and  the  town 
of  Cohasset,  in  the  county  of  Norfolk,  shall,  for  this  pur- 
pose, as  well  as  in  the  formation  of  districts,  as  hereinafter 
provided,  be  considered  a  part  of  the  county  of  Plymouth  ; 


COMMONWEALTH  OF  IVIASSACHUSETTS.  45 

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

wealth,  to  certify,  as  soon  as  may  be  after  it  is  determined  authored  to*^*^* 

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

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  Sufl'olk,  —  or  in  lieu 

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

county  commissioners  in  each  county  other  than  Suftblk, 

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  Aus-ust  next  after  each  ^eeungfor 

.    '  ,      ''  o  division  to  ba 

assignment  oi  representatives  to  each  county,  assemble  at  flrst  Tuesday 
a  shire  town  of  their  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  inhabitant  of  the  district  ]i22Mr8°.'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-  describ^fknd 
tion  of  each,  with  the  numbers  thereof  and  the  number  of ''®''"'^®^* 
legal  voters  therein,  shall  be  returned  by  the  board,  to  the 
secretary  of  the  commonwealth,  the  county  treasurer  of 
each  county,  and  to  the  clerk  of  every  town  in  each  dis- 
trict, to  be  filed  and  kept  in  their  respective  offices.     The 
manner   of  calling  and  conducting  the  meetings  for  the 
choice  of  representatives,  and  of  ascertaining  their  elec- 
tion, shall    be  prescribed  by  law.       [Not    less  than  one  Quorum,  see 
hundred  members  of  the  house  of  representatives  shall  A^tTxxxiii. 
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  INIay,  shall  be  taken  and 
returned  into  the  oflice  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 
eeuators. 


Senate  to  consist 
of  forty  mem- 
bers. 


Senatorial 
districts,  etc. 


See  amend, 
ments,  Art. 
XXIV. 


Qualifications 
of  senators. 


Quorum,  see 
amendments. 
Art.  XXXIII. 


Reeidence  of 
two  years  re- 
quired of  natu- 
ralized  citizens, 
to  entitle  to  suf- 
fraire  or  make 
elitrible  to  office. 
Tliis  article 
annulled  by 
Art.  XXVI. 


Vacancies  In  the 
senate. 


Vacancies  in  tho 
council. 


thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixt^-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration shall  l)c  made  of  the  legal  voters,  and  in  each 
city  said  enumeration  shall  specify  the  number  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  shall  consist  of  fort}' meml)ers.  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  nearl}'"  as  may  be,  an  equal  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  2)rovided,  Jioicever, 
that  no  town  or  ward  of  a  city  shall  l)e  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  immediatel}'  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  senator^  shall  constitute  a  quorum  for  doing 
lousiness  ;  but  a  less  numl^cr  ma}'  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  meml)ers.] 

Art.  XXIII.  [No  person  of  foreign  l)irth  shall  be  en- 
titled to  vote,  or  shall  l)c  eligil)lo  to  oflice,  unless  he  shall 
have  resided  within  the  jurisdiction  of  the  United  States 
for  tAvo  years  subsequent  to  his  naturalization,  and  shall 
be  otherwise  qualified,  according  to  the  constitution  and 
laws  of  this  commonwealth  :  j)rovided,  that  this  amend- 
ment shall  not  atlect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and, 
2')rovided^  further^  that  it  shall  not  affect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  al)sencc  of  the  parent  therefrom.] 

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

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


COMMONWEALTH   OF   MASSACHUSETTS.  47 

of  representatives  shall,  l)y  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  till  the 
same  by  appointment  of  some  eligible  person. 

Art.  XXVI.  The  twenty-third  article  of  the  articles  Twenty.third 
of  amendment  of  the  constitution  of  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  ;  2^^'ovided,  that  this  amend- 
ment shall  not  affect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and 
provided ,  fartJier ,  that  it  shall  not  affect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  l)orn  during  the 
temporary  absence  of  the  parent  therefrom,"  is  hereby 
wholly  annulled. 

Art.  XXVII.     So  much  of  article  two  of  chapter  six  Provisioneof 
of  the  constitution    of  this  commonwealth  as  relates  to  vl,  reiatsngTj 
persons   holding   the    office   of  president,    professor,    or  °^.|fco°/eg^,'''" 
instructor  of  Harvard  College,  is  hereby  annulled.  annulled. 

Art.  XXVIII.     No  person  having  served  in  the  army  superseded  by 

.  ,  .       ~  .  Art.  XXXI. 

or  navy  of  the  United  States  in  time  of  war,  and  having 
been  honorably  discharged  from  such  service,  if  otherwise 
qualified  to  vote,  shall  be  disqualified  therefor  on  account 
of  being  a  pauper;  or,  if  a  pauper,  because  of  the  non- 
payment of  a  poll-tax. 

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

Art.  XXX.     No  person,  otherwise  qualified  to  vote  in  voters  not  dis- 
elections  for  governor,  lieutenant-governor,  senators,  and  ^ea'eon  of  change 
representatives,  shall,  by  reason  of  a  change  of  residence  unt'iTsi'xmonthe 
within  the  Commonwealth,  be  disqualified  from  voting  for  [g^^'^""' 
said  officers  in  the  city  or  town  from  which  he  has  removed 
his  residence,  until  the  expiration  of  six  calendar  months 
from  the  time  of  such  removal. 


48 


CONSTITUTION   OF  THE 


Amendments 
Alt.  XXVIII. 
amended. 


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


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


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


Provisions  of 
Art.  II.,  §1., 
Chap.  II.,  Part 
II.,  relative  to 
property  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 
bouse, annulled. 


Art.  XXXI.  Article  twenty-eight  of  the  Amendments 
of  the  Constitution  is  hereby  amended  by  striking  out  in 
the  fourth  line  thereof  the  words  "  being  a  pauper",  and 
inserting  in  place  thereof  the  words  :  —  receiving  or  having 
received  aid  from  any  city  or  town,  —  and  also  l)y  striking 
out  in  said  fourth  line  the  words  "  if  a  pauper",  so  that 
the  article  as  amended  shall  read  as  follows  :  AplTICLE 
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  qualitied 
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,  an}'  state  or 
county  tax,  which  shall,  within  two  years  next  preceding 
such  election,  have  been  assessed  upon  him,  in  any  town 
or  district  of  this  Commonwealth  ;  and  also  every  citizen 
who  shall  be,  by  law,  exempted  from  taxation,  and  who 
shall  be,  in  all  other  respects,  qualified  as  above  men- 
tioned ",  is  hereby  annulled. 

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

Art.  XXXIV.  So  much  of  article  two  of  section  one 
of  chapter  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  hercliy  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  expen.>^es  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  meml)er 
who  shall  attend  as  seasonably  as  he  can,  in  the  judgment 
of  the  house,  and  does  not  depart  without  leave.",  is 
hereby  annulled. 


COMMONWEALTH  OF  MASSACHUSETTS.  49 

Art.  XXXVI.  So  much  of  article  nineteen  of  the 
articles  of  amendment  to  the  Constitution  of  the  Com- 
monwealth as  is  contained  in  the  following  words  "com- 
missioners of  insolvency  ",  is  hereby  annulled. 


The  constitution  of  Massachusetts  was  agreed  upon  by  delegates 
of  the  people,  in  convention,  begun  and  held  at  Cambridge,  on  the 
first  day  of  September,  1779,  and  continued  by  adjournments  to  the 
second  day  of  March,  1780,  when  the  convention  adjourned  to  meet 
on  the  first  Wednesday  of  the  ensuing  Jmie.  In  the  mean  time  the 
constitution  was  submitted  to  the  people,  to  be  adopted  by  them, 
provided  two-thirds  of  the  votes  given  should  be  in  the  afiirmative. 
When  the  convention  assembled,  it  was  found  that  the  constitution 
had  been  adopted  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  people,  and  by 
them  ratified  and  adopted,  April  9,  1821. 

The  tenth  Article  was  adopted  by  the  legislatures  of  the  political 
years  1829-30,  and  18:30-31,  respectively,  and  was  approved  and  rati- 
fied by  the  people  May  11,  1831. 

The  eleventh  Article  was  adopted  by  the  legislatures  of  the  politi- 
cal years  1832  and  1833,  respectively,  and  was  approved  and  ratified 
by  the  people  November  11,  1833. 

The  twelfth  Article  was  adopted  bj-  the  legislatures  of  the  political 
years  1835  and  1836,  respectively,  and  was  approved  and  ratified  by 
the  people  the  iburteenth  day  of  November,  1836. 

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

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

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


50  CONSTITUTION  OF  MASSACHUSETTS. 

The  twenty-third  Article  was  adopted  by  the  legislatures  of  the 
political  years  1858  and  1859,  respectively,  and  ratified  by  the  people 
on  the  ninth  day  of  ^lay,  1859,  and  was  repealed  by  the  twenty-sixth 
Amendment. 

The  twenty-fourth  and  twenty-fifth  Articles  were  adopted  by  the 
legislatures  of  the  political  years  1859  and  1860,  and  ratified  by  the 
people  on  the  seventh  day  of  May,  1860. 

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

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

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

The  twenty-ninth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1884  and  1885,  and  was  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  political  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  people  on  the  third  day  of  November,  1891. 

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

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

The  thirtj^-sixth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1893  and  1894,  and  was  approved  and  ratified  by  the 
people  on  the  sixth  day  of  November,  1894. 


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


INDEX  TO  THE  CONSTITUTION. 


A. 

Address  of  both  houses  of  the  legislature,  judicial  officers  may  be 
removed  by  governor  with  consent  of  council  upon, 

Adjutant-general,  appointed  by  the  governor, 

Adjutants,  to  be  appointed  by  commanding  officers  of  regiments, 

Affirmations,  instead  of  the  required  oaths,  may  be  made  by  Quakers,  30 

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

Alimony,  divorce,  etc., 

Amendment  to  the  constitution,  proposed  in  the  general  court, 
agreed  to  by  a  majority  of  senators  and  two-tliirds  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  nest  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  the  same 
eflect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  part  of  tlie  con 
stitution, 

Apportionment  of  councillors, 24 

state  to  be  divided  into  eight  districts,       .... 

Apportionment  of  senators, 13 

on  basis  of  legal  voters,  and  state  to  be  divided  into  forty 
districts,       

Apportionment  of  representatives, 16,  39 

to  the  several  counties,  made  on  the  basis  of  legal  voters, 

AiTQies,  dangerous  to  liberty,  and  not  to  be  maintained  without  con 
sent  of  tlie  legislature, 

Arms,  right  of  people  to  keep  and  to  bear,  for  public  defence. 

Arrest,  members  of  house  of  representatives  exempted  from,  on 
mesne  process,  while  going  to,  returning  from,  or  attend 
ing  the  general  assembly, 

Arrest,  search  and  seizure,  right  of,  regulated,    .... 
warrant  to  contain  special  designation,      .... 

Attorney-general,  to  be  chosen  by  the  people  annually  in  November 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter,  and  untU  another  is  chosen  and  qualified 

election  determined  by  legislature, 

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

votes  at  November  election, 

51 


Page 

26 

22 
22 
31,35 
29 
27 


36, 

37 

41, 

42 

42 

40, 

46 

46 

40, 

44 

44 

13 

7 

7 

21,43 

43 

43 


43 


52  INDEX  TO   THE   CONSTITUTION. 


Page 


Attorney-general,  vacancy  occnrrini?  during  session  of  the  legisla- 
ture, filled  by  joint  l)allot  of  legislature  from  tlie  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  inliabitant  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 

Attornej^s,  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  fi-om  tlilrd  Wednesday  in  January 

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

election  determined  by  legislature, 43 

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

not  eligible,  unless  an  inhabitant  of  the  state  for  five  yeai'S 

next  preceding  election, 43 

ofiice  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  Avithiu  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  b}^  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  bj'  governor  within  five  days  after  presenta- 
tion, to  have  force  of  law,  unless  tlie  legislature  adjourns 

before  that  time  expires, 11,  34 

Boards,  pul)lic,  to  make  quarterly  reports  to  the  governor,        .        .        22 

Body  politic,  formation  and  nature  of, 3 

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

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


c. 

Census  of  ratable  polls, 38 

of  inhabitants, 40,  44,  45 

of  inhabitants  and  legal  voters  taken  in  the  year  18C5,  and 

every  tenth  year  thereafter, 44,  46 

enumeration  of  voters  to  determine  the  apportionment  of 

representatives 44 


INDEX   TO   THE   CONSTITUTION. 


58 


Cities,  may  be  chartered  b.y  the  general  court,  if  containing  twelve 
thousand  inhabitants  and  consented  to  bj'  a  majority 
thei'eof, 

Civil  officers,  meeting  for  election  to  be  held  annually  on  the  Tues- 
day next  after  the  first  Monday  in  November,    . 
whose  election  is    provided  for    by  the  constitution  to  be 
elected  bj^  a  plurality  of  votes, 

Clerks  of  courts,  elected  by  the  people  of  the  several  counties. 

Clerks  of  towns,  to  make  records  and  retm-ns  of  elections, 

Colonial  laws,  not  repugnant  to  the  constitution,  continued  in 
force,    

Commander-in-chief,  governor  to  be, 

Commerce,  agriculture  and  the  arts,  to  be  encouraged, 

Commissary-general,  appointed  and  commissioned  as  fixed  by  law,    . 

Commission  officers,  tenure  of  office  to  be  expressed  in  commissions, 

Commissioners  of  insolvency,  elected  by  the  people  of  the  several 
counties;  annulled,      ........ 

Commissions,  to  be  in  the  name  of  the  Commonwealth,  signed  by 
governor,  attested  by  the  secretarj^  and  have  the  great 
seal  affixed, 

Congress,  delegates  to, 

members  of,  may  not  hold  certain  state  offices. 

Constitution,  amendment  to,  proposed  in  the  general  court,  agreed 
to  by  a  majority  of  senators  and  two-thirds  of  the  house 
present  and  vothig  thereon  by  yeas  and  nays;  entered 
upon  the  journals  of  both  houses,  and  referi'ed  to  the  next 
general  court;  if  the  next  general  court  agi-ees  to  the 
proposition  in  the  same  manner  and  to  the  same  eflect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
by  a  majority  vote,  becomes  a  part  of  the  constitution, 

Constitution,  provisions  for  revising, 

to  be  enrolled  on  parchment,  deposited  in  seci'etaiy's  office 
and  printed  in  all  additions  of  the  laws. 

Coroners,       ........... 


Page 

34 

41 

41 
44 
13 


20 

29 

25,  35 

26 

44,  49 


32 
27 
36 


Corruption  or  bribery  used  in  procuring  any  appointment  or  elec 

tion,  to  disqualify  from  holding  any  office  of  trust,  etc. 
Council,  live  members  to  constitute  a  quorum,     .... 
eight  councillors  to  be  elected  annually,     .... 
election  to  be  determined  bj'  rule  required  in  that  of  govei*' 

nor, 

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

presence  of  both  houses  of  assembly, 
to  rank  next  after  the  lieutenant-governor, 
resolutions  and  advice  to  be  recorded  in  a  register,  and  signed 

by  the  members  present, 

register  of  council  may  be  called  for  by  either  house, 

to  exercise  the  power  of  governor  when  office  of  govei'nor 

and  lieutenant-governor  is  vacant,      .... 


36, 

37 

33, 

36 

34 

21 

32 

24 

24, 

42 

42 

29 

25 


54  INDEX   TO   THE   CONSTITUTION. 

•  Pago 

Council,  no  property  qualification  reciuirecl,         .....        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  oflSce, 37 

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

council, 4G,  47 

Court,  superior,  judges  not  to  hold  certain  other  oftices,     ...        36 
Court,  supreme  judicial,  judges  to   have   honoraljle  salaries   fixed 
by  standing  laws,  and  to   hold  oflice  during  good  be- 
havior,   9,  23 

judges  not  to  hold  certain  other  oftices, 36 

to  give  opinions  upon  important  (luestions  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  bj^  the  people  of  the  several  counties,      .        44 

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

may  administer  oaths  or  afllrmations,  .        .        .         .         11 

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

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

D. 

Debate,  freedom  of,  in  the  legislatiu'e 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 

Divoi'ce,  alimony,  etc., 27 

E. 

Educational  interests  to  be  cherished, 29 

Elections  ought  to  be  free, 6 

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


INDEX   TO   THE   COXSTITUTIOX.  55 


Election  of  civil  officers,  meeting  to  be  held  annually  on  the  first 

Tuesday  next  after  the  first  Monday  in  November,     .         .  41 
iu  case  of  failure  to  elect  representative,  meeting  to  be  held 

on  fourth  ;Mouday  in  November, 41 

Election  retm^ns, 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 

Fmes,  excessive,  not  to  be  imposed, 9 

Frame  of  government, 10 

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, 8 

G. 

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

for  making  laws, 8 

freedom  of  speech  and  debate  in, § 

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

formed  by  two  branches,  a  senate  and  house  of  representa- 
tives, each  having  a  negative  on  the  other  ....         10 
to  assemble  every  year  on  the  first  Wednesday  of  January,  at 
such  other  times  as  they  shall  judge  necessary,  and  when- 
ever called  by  the  governor  witli  the  advice  of  council,  10,  19,  37 
may  constitute  and  erect  judicatories  and  courts,      .        .        .         n 
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, 1 1 

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  Januarj^ 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, 19 

^  session  may  be  directed  bj'^  governor,  with  advice  of  council, 
to  be  held  in  other  than  the  usual  place  iu  case  of  an  infec- 
tious distemper  prevailing, 19,  20 


56  INDEX   TO   THE   COXSTITUTIOX. 

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

to  office, 32 

certain  officers  not  to  have  scats  in, 31 

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

houses  disagree,  etc. , 20 

to  elect  major-generals  b}' concurrent  vote,       .        .        .        .        21 

empowered  to  charter  cities, 34 

to  determine  election  of  governor,  lieutenant-governor  and 

councillors,  ..........  41,  42 

to  prescribe  ))y  law  for  election  of  sherifts,  registers  of  probate 
and  commissioners  of  insolvency  by  the  people  of  the 
counties,   aud  district  attorneys    by  the  people  of    the 

districts, 44 

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

Government,  objects  of, 3,  5,  6 

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

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

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

qualitications,      .         . 18,  36,  48 

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

should  have  an  honorable  stated  salary, 23 

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

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

to  appoint  the  adjutant-general, 22 

may  call  together  the  councillors  at  anj'  time,  ....         10 

not  to  hold  certain  other  offices, 31 

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

to  sign  all  commissions,      ........        32 

election  determined  by  the  legislature, 42,  43 

veto  power,        ..........         10 

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

vacancy  in  office  of  governor  and  lieutenant-governor,  powers 

to  be  exercised  by  the  council, 25 

with  advice  of  council,  may  adjourn  or  prorogue  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  mav  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  ^even  days  before  appoint- 
ment,     21,  35 


INDEX   TO   THE   CONSTITUTION.  57 

Page 
Govenior,  to  appoiut  officers  of  the  continental  army,        ...        22 
may  pardon  ofl'euces,  but  not  before  conviction,        .        .        .        21 
maj'  fill  vacancy  in  council  occurring  when  legislature  is  not 

in  session, 47 

•with  consent  of  council,  may  remove  judicial  officers,  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  daj^s,  .        .        .        .        .        .  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, 26 


H. 

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

upon  most  urgent  occasions, 32 

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

board  of  overseers  established,  but  the  government  of  the 

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

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

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

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

a  representation  of  the  people  annually  elected  and  founded 

upon  the  principle  of  equality, 16 

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

the  government ;  provision  annulled,  .        .         .         .10,48 

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  tlie  general  assembly,         .        .        18 

the  gi'and  inquest  of  the  commonwealth, 17 

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

concur  with  amendments, 17 

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

quorum  of, ..........     17,  45,  48 

to  choose  officers,  establish  its  rules,  etc.,         ....         17 

may  punish  by  imprisonment,  not  exceeding  thirty  days,  per- 
sons guilty  of  disrespect,  etc. ;  trial  may  be  by  committee,  17,  18 


58  INDEX   TO   THE   COXSTITUTIOX. 

Page 

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

may  require  tlie  attendance  of  secretary  of  tlie  commonwealtli 

in  person  or  by  deputy, 26 

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

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

lirst  jMouday  of  November, 41 

in  case  of  failure  to  elect,  meethig  to  be  held  on  the  fourtli 

]\Ionday  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  teiTit'^'r}',  l)ut  no  town  or  ward  of  a  city  to 
be  divided, 45 

no  district  entitled  to  elect  more  than  tlu-ee  representatives,    .        45 

board  authorized  to  divide  county  into  districts,  to  be  certi- 
lied  to  by  the  secretary,  the  number  of  representatives  to 
which  the  coimty  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,  oG 

"  Inhabitant,"  the  word  defined, 13 

Inhabitants,  census  to  be  taken  in  18G5,  and  every  tenth  year  there- 
after  38,  40,  44.  45 

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

counties  ;  annulled,      ........  44,  49 

Instruction  of  representatives, 8 

J. 

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

standing  laws, It,  23,  26 

to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  i)y  the  governor  and  council,  or  cither  branch  of 

legislature, 2C, 

not  to  hold  certain  other  offices, 31 

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

may  administer  oaths  or  affirmations, 11 

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


INDEX   TO   THE   CONSTITUTIOX.  59 

Page 
Judicial  officers,  appointed  by  tlie  governor  witli  consent  of  coun- 
cil ;  nominations  to  be  made  seven  daj's  prior  to  appoint- 
ment,     21 

to   hold  office  dm'ing  good  IjehaA'ior,  except  when  otherwise 

provided  bj^  the  constitution, 26 

may  be  remo^-ed  from  oflice  by  the  governor,  upon  tlie  address 

of  both  houses  of  the  legislatui'e, 26 

Jury,  trial  by,  right  secured, 7 

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

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

L. 

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

of  the  legislature, 9 

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

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

ex  post  facto,  prohibited  as  unjust  and  inconsistent  with  free 

government, 9 

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

Legislative  power, 9 

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

Legislature  (see  General  Court). 

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

Lieutenant-governor,  to  be  annually  elected  in  November,  —  *^^itle  of, 

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

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

vacant, 24 

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

of  both  houses, 31 

not  to  hold  certain  otlier  offices, 31 

term  of  office, 37 

Literatiure  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 flues,  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. 


MaiTiage,  divorce  and  alimony, 

Mai'tial  law,  only  those  employed  in  the  array  and  navy,  and  the 
railitia  in  actual  service,  subject  to,  except  by  authority  of 

legislature, 

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

limits  of  the  state, 

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

all  members  of  companies  may  vote,  including  minors,    . 

field  officers,  elected  by  captains  and  subalterns,  .     . 

brigadiers,  elected  by  field  officers, 

major-generals,  elected  by  senate  and  house  of  representatives 

by  concurrent  vote, 

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

if  electors  refu-se  to  elect,  governor  with  advice  of  council 

may  appoint  officers, 

officers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 

appointment  of  stafl' officers,      ...... 

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

mentioned  in  the  constitution,  to  be  computed  in  silver  at  six 
shillings  and  eightpence  per  oimce,     .... 

Money  bills,  to  originate  in  house  of  representatives. 

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

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


Page 
27 


21 
21,  35 
35 
21 
21 

21 
21 


22,  35 
22 


32 

17 

43 


Notaries  public,  to  be  appointed  by  governor  with  advice  of  council,  25,  35 
maj'  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  subscribed,  .        .        .       29,30,31,35 

forms  of, 29,  30,  35 

Quakers  may  affirm, 31,  35,  36 

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

Objects  of  government, 3,  G 

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

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


INDEX   TO   THE   CONSTITUTION.  61 

Page 
Office,  all  persons  having  the  prescribed  qualifications  equally  eli- 
gible to, 6 

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

judges, 31,  36 

incompatible, .         .31,  32,  36 

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

of, 11 

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

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

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

Officers  of  former  government,  continued, 33 

Officers  of  the  militia,  election  and  appointment  of,    .        .        .        .        21 

removal  of, 22,  35 

Officers  and  magistrates,  accountable  to  the  people,   ....  5 

Organization  of  the  militia, .22 


P. 

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

not  before  conviction, .  21 

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

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

Person  and  property,  remedy  for  injuries  to,  should  be  in  the  laws,    .  6 

Petition,  right  of, 8 

Plantations,  unincorporated,  tax-paying  inhabitants  may  vote  for 

councillors  and  senators, 14 

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  Increased  by  the  legislature,        .        .  32 

partially  abolished, 41 

of  governor,  annulled,       ........  48 

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


62  INDEX  TO   THE   CONSTITUTION. 

Page 
Pi'oviucial  laws,  not  repugnant  to  the  constitution,   continued  in 

force, 32 

Public  boards  and  certain  olFicers  to  make  quarterly  reports  to  the 

governor, 22 

Public  olRcers,  right  of  people  to  secure  rotation,       ....  6 
all  persons  having  the  prescribed  qualifications  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  by 

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,  4G 

of  representatives, .        .16,41,45 

of  secretary,  treasurer,  auditor,  and  attorne5'-general,      .         .        43 
Qualifications,  moral,  of  officers  and  magistrates,       ....  8 

Quartermasters,  appointed  by  commanding  officers  of  regiments,      .         22 

Quorum,  of  council, 19,  24,  42 

of  senate, 16,  46,  48 

of  house  of  representatives, 17,  45,  48 

R. 

Ratable  polls,  census  of, 38 

Reading  and  writing,   knowledge  of,   necessary  qualifications  for 

voting  or  holding  office, 44 

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

Register  of  the  council,  resolutions  and  advice  to  be  recorded  in,  aud 
signed  by  members  present, 

Registers  of  probate,  chosen  bj-  the  people  of  the  several  counties,   . 

Religious  denominations,  equal  protection  secured  to  all,  . 

Religious  sect  or  denomination,  no  subordination  of  one  to  another 
to  be  established  l)y  law, 

Religious  societies,  may  elect  their  own  pastors  or  religious  teachers, 
membership  of,  defined, 


25 

21, 

44 

5, 

38 

5, 

38 

5, 

38 

38 

IXDEX   TO   THE   CONSTITUTION.  63 

Page 
Religious  worship,  public,  right  and  duty  of,  aud  protection  therein,  4 

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

worship, •    .         .         .         4,  5,  38 

Eemedies  by  recourse  to  the  law,  to  be  free,  complete  aud  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, 4 

s. 

Sailors  aud  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  Ije  established  for  the  gov- 
ernor  23 

permanent  aud  honora])le  salaries  to  be  established  for  the 
justices  of  the  supreme  judicial  court,  and  to  be  enlarged 

if  not  sufficient, 9,  23 

School  moneys,  not  to  be  appropriated  for  sectarian  schools,  •  .  44 
Seal,  great,  of  the  commonwealth  to  be  affixed  to  all  commissions,  .  32 
Search,  seizure  aud  arrest,  right  of,  regulated,    .....  7 

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

in  November,        .         .         .         • 2.5,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  Januar}" 

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

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

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

vacancy  occurring  during  session  of  the  legislature,  filled  by 

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

vacancy  occumng  when  legislature  is  not  in  session,  to  be  filled 
l)y  governor,  by  appointment,  Avith  advice  and  consent  of 
council, 35,  43 

not  eligible,  imless  an  inhabitant  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  quali'fled  within  ten  days,    ......         43 

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

maj'  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  authorized  to  divide  county  into  districts,  the 

number  of  representatives  to  which  the  county  is  entitled,        45 


Page 

44 

13 

6 

.         .10, 

13 

.     12,  39, 

46 

13 

64  INDEX   TO   THE    CONSTITUTION. 


Sectarian  schools,  not  to  ])e  maintained  at  pnblic  expense, 
Selectmen,  to  preside  at  town  meetings,  elections,  etc.. 

Self-government,  riglit  of,  asserted, 

Senate,  the  first  branch  of  the  legislatnre,   .... 

to  consist  of  forty  members,  apportionment,  etc.,    . 
to  be  chosen  annually,         ...... 

governor  and  at  least  five  councillors,  to  examine  and  count 

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

to  be  final  judges  of  elections,  returns  and  qualifications  of 

their  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  ofticers  and  establish  rules,    .....         15 

shall  try  all  impeachments, 15, 17 

quorum  of,  .         .         .         .         .         .         .         .         .         .16,  46,  48 

may  punish  for  certain  offences ;  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  govenior  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 

Sheriff's,  elected  by  the  people  of  the  sevei-al  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  war,  etc.,  not  dis- 
qualified from  voting  on  account  of  non-payment  of  poll 

tax, 48 

Solicitor-general,  ......         .....         21 

Standing  armies,  dangerous  to  lil^erty  and  not  to  be  maintained  with- 
out consent  of  the  legislature, 8 

State  or  body  politic,  entitled, —  The  Commonwealth  of  ]\Iassachusetts,       10 
Supreme  judicial  court,  judges  to  have  honorable  salaries  fixed  by 

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

not  to  hold  certain  other  offices, 31,36 

Sureties  of  bail,  excessive,  not  to  be  re(iuireu,     .        .        .        .        ,  9 


INDEX  TO   THE   CONSTITUTION.  65 

T. 

Page 

Taxation  should  be  founded  on  consent, 6,8 

Taxes,  not  to  be  levied  without  the  consent  of  the  people  or  theii* 

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  by  law  have  in  tlieir  offices, 

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

Tests  abolished, 36 

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

Title  of  governor  to  be,  —  His  P^xcellency, 18 

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

Town  meetings,  selectmen  to  preside  at, 13 

Town  x-epresentation  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  l^e  declared  guilty  of,   by  the 

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

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

in  November, 25,  26,  43 

to  hold  office  for  one  year  from  tliird  Wednesday  in  January 

next  thereafter  and  until  another  is  cliosen  and  qualitied,  .         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  live  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  tlie  legislature  from  the  people  at  large,      .         43 
vacancy  occurring  when  legislature  is  not  in  session,  to  be 
filled  by  governor,  by  appointment,  with  advice  and  con- 
sent of  the  council, 35,43 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

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

Treasury,  no  moneys  to  be  issued  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  oflicc  of  governor,  powers  to  be  exercised  by  lieutenant- 
governor,      ....,.,...         24 
Vacancy  in  offices  of  governor  and  lieutenant-governor,  powers  to 

1)6  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  be  filled  by  governor  with 

advice  of  the  council, 42,  47 

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

order  of  a  majority  of  seuatoi's  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  !>}•  joint  ballot 

of  legislature  from  people  at  large, 4.'3 

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

governor,  by  appointment,  with  advice  of  council,    .        .  35,  43 
Vacancy  in  militia  ofllce,  filled  b}'  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  thej' 

have  served  in  the  army  or  navy  in  time  of  war,  etc.,  .  48 
male  citizens,  twenty-one  years  of  age,  who  have  resided  in 
the  state  one  year,  and  within  the  town  or  lUstrlct  six 
months,  who  have  paid  a  state  or  county  tax  wltliln  two 
j'ears  next  preceding  the  election  of  state  officers,  and 
such  as  are  exempted  by  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  tiie  apportionment  of  representatives 

to  the  several  counties  is  made, 44 

basis  of  apportionment  of  senators,  •        .         ...        46 

census  of  voters  to  l)e  taken  in  1S(;5,  and  every  tentli  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  rig-ht  aud  duty  of  all  men,  ....  4 

\Yvit  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  tlie  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 


:VCTS  AND  RESOLVES 


MASSACHUSETTS. 


1895. 


1^="  The  General  Court  of  the  year  eighteen  hundred  and  ninety-five 
assembled  on  Wednesday,  the  second  day  of  January.  The  oaths  of 
office  were  taken  and  subscribed  by  His  Excellency  Frederic  T. 
Greenhalge  and  His  Honor  Roger  Wolcott  on  Thursday,  the 
third  day  of  January,  in  the  presence  of  the  two  Houses  assembled 
in  convention. 


ACTS. 


Chajp.  1. 


An  Act  makixg  appropriations  for  the  compensation  and 
travel  of  the  members  of  the  legislature,  for  the  com- 
pensation of  officers  thereof,  and  for  expenses  in  con- 
nectiox  therewith. 

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

Section  1.     The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  wit :  — 

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

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

For  the  compensation  of  representati\'es,  one  hundred  Representa. 
and  eighty  thousand  seven  hundred  and  fifty  dollars.  sation. 

For  travelling  expenses  of  representatives,  a  sum  not  Travelling  ex 
exceeding  twenty  thousand  dollars.  pt^nses. 

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

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

For  the   sahiries   of  the  assistant  clerks  of  the  senate  Assistant 
and  house  of  representatives,  two  thousand  dollars  each.     '^'^■''^^• 

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

•  .  auce. 

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

For  the  salary  of  tlie  sergeant-at-arms,  three  thousand  arm^s^*"*"'''' 
dollars. 

For  the  salary  of  the  first  clerk  in  the  office  of  the  cierk. 
sergeant-at-arms,  twenty-two  hundred  dollars. 


Acts,  1895.  —  Chap.  2. 


Doorkeepers. 


Postmaster, 
messengers,  etc. 


Contingent  ex- 
penses. 


Postftge,  etc.,  on 
documents. 


Committees, 
witnesset-. 


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,  post- 
master, messengers  and  i)ages  to  the  senate  and  house  of 
representatives,  a  sum  not  exceeding  twenty-four  thousand 
one  hundred  dollars. 

For  contingent  expenses  of  the  senate  and  house  of 
representatives,  and  necessary  expenses  m  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  general  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  17,  1S95. 


Chcin    '^     An  Act  KELAxrvE  to  the  registkatiox  ok  voters  for  special 

ELECTIONS. 


1S93.  417  §  41 
amended. 


Registration 
special  elec- 
tions. 


Be  it  enacted,  etc.,  as  folloivs : 

>  Sectiox  1.     Section  forty-one  of  chapter  four  hundred 

and  seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  ])y  inserting  in  the  eighth 
line,  after  the  w^ord    "Sunday",  the  words: — or   legal 

^""^  holiday, — so  as  to  read  as  follows:  —  Section  41.  In 
case  an  election  is  to  be  held  in  a  city  or  town  on  a  day 
other  than  the  day  of  the  annual  state,  cit3'  or  town  elec- 
tion therein,  the  registrars  of  voters  shall,  for  the  regis- 
tration of  voters  in  such  city  or  town,  hold  in  some 
suitable  and  convenient  place  therein,  a  continuous  ses- 
sion from  twelve  o'clock,  noon,  until  ten  o'clock  in  the 
evening,  on  the  fourth  day  preceding  such  election,  or  if 
such  day  would  fall  on  a  Sunday  or  legal  holiday,  then  on 
the  fifth  day  preceding  such  election  :  except  that  in  the 
city  of  Boston  such  session  shall  be  hold  on  the  seventh 
day  preceding  the  election.  Registration  in  such  city  or 
town  shall  cease  at  ten  o'clock  in  the  evening  of  the  day 


Acts,  1895.  — Chaps.  3,  4:.  t 

on  which  such  session  is  held,  and  be  discontinued  therein 
until  the  election  shall  have  been  held. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  January  30,  1S93. 

An  Act  to  authorize  the  town  of  brookfield  to  make  an  (JJia)-)   3 

ADDITIONAL  WATER   LOAN. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  town  of  Brookfield,  for  the  purposes  Brooktieid 
mentioned  in  chapter  seventy-nine  of  the  acts  of  the  year  ^^  ''^^"^  ^^^^' 
eighteen  hundred  and  eighty-eight,  may  issue  bonds,  notes 
or  certificates  of  debt,  to  be  denominated  on  the  face 
thereof.  The  Brookfield  Water  Loan,  to  an  amount  not 
exceeding  fifty  thousand  dollars  in  addition  to  the  amount 
heretofore  authorized  by  law  to  be  issued  by  said  town 
for  the  same  purpose ;  said  bonds,  notes  or  certificates 
of  debt  shall  be  issued  upon  the  same  terms  and  condi- 
tions and  with  the  same  powers  as  are  provided  in  said 
chapter  seventy-nine  for  the  issue  of  the  Brookfield  water 
loan :  I'^rovided,  that  the  whole  amount  of  such  bonds,  Provisos. 
notes  or  certificates  of  del)t  issued  by  said  town  for  the 
purpose  of  providing  a  public  water  supply  shall  not  in 
any  event  exceed  the  amount  of  eighty-five  thousand  dol- 
lars ;  and  provided,  also,  that  the  whole  amount  of  such 
bonds,  notes  or  certificates  of  debt  outstanding  at  any 
time,  less  such  amount  as  may  have  been  paid  and  re- 
deemed by  said  town  under  the  provisions  of  section  six 
of  said  chapter  seventy-nine  or  under  the  authority  of 
this  act,  shall  not  exceed  the  amount  of  seventy-five  thou- 
sand dollars. 

Section  2.     This  act  shall  take  efi*ect  upon  its  passage. 

Approved  January  30,  1895. 

An  Act  making  APrROPKiATiONS  for  the  maintenance  of  the  nhrtyi    A. 

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

Be  it  enacted,  etc.,  as  follotos : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  AppropnatioDB. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth fi'om  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  ninetv-five,  to  wit :  — 


Acts,  1895.  —  Chap.  4. 


Supreme  judi- 
cial court,  chief 
justice. 
Associate  jus- 
tices. 

Clerk. 


Clerical  assist- 
ance. 


Clerical  assist- 
ance to  justices. 


Expenses. 


Reporter  of 
decisions. 


Officers  and 
messenger. 


Clerk  for  Suf 
folk. 


SUPREME   JUDICIAL   COUUT. 

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

For  the  travellinir  expenses  of  the  six  associate  justices 
of  the  supreme  judicial  court,  tlirce  thousand  dollars. 

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

For  clerical  assistance  to  the  clerk  of  the  supreme  judi- 
cial court,  five  hundred  dollars. 

For  clerical  assistance  to  the  justices  of  the  supreme 
judicial  court,  a  sum  not  exceeding  twenty-tive  hundred 
dollars. 

For  expenses  of  the  supreme  judicial  court,  two  thou- 
sand 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  messenirer  of  the 
supreme  judicial  court,  twenty-four  hundred  doUai-s. 

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


Superior  court, 
chief  justice. 

Associate  jus- 
tices. 


Ex-chief  justice, 


SUPERIOR   COURT. 

For  the  salary  and  travellinir  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 
dolhu-s. 

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


COURTS    OF   PROBATE    AND   INSOLVENCY. 

iMo^vencT.*^  For  the  salaries  of  the  two  judges  of  probate  and  in  sol- 

judges,  Suffolk,  vency  for  the    county  of  Sufiblk,  five   thousand    dollars 
each. 

For  the  salary  of  the  senior  judge  of  probate  and  insol- 
vency for  the  county  of  ]\Ii(l(llesex,  forty-five  hundred 
dollars  ;  and  for  the  salary  of  the  junior  judge  of  prol)ate 
and  insolvency  for  said  county,  four  thousand  dollars. 

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


Middlesex. 


Worcester. 


Acts,  1895.  — Chap.  4.  7 

For  the  salary  of  the  judge  of  probate  and  insolvenc}'  Esses. 
for  the  county  of  Essex,  thirty-seven  hundred  dollars. 

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

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  Plymouth. 
for  the  county  of  Plymouth,  two  thousand  dollars. 

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

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

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

For  the  salary  of  the  judge   of  probate  and  insolvency  Frankiiu. 
for  the  county  of  Franklin,  tifteen  hundred  dollars. 

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

For  the  salary  of  the  judge  of  prolwite  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  judges  of  probate  and  insol-  ]^J^l^  vLancy. 
vency  acting  for  judges  of  probate  and  insolvency  in  other 
counties  where  the  judge   of  said  county  is  sick  or  the 
office  vacant,  a  sum  not  exceeding  three  thousand  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Register,  suf. 
for  the  county  of  Suifolk,  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  pro])ate  and  insolvency  Norfolk. 
for  the  county  of  Norfolk,  twenty-three  hundred  dollars. 

For  the  salary  of  the  register  of  pro1)ate  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. 


8 


Acts,  1895.  — Chap.  4. 


Berkshire. 

Franklin. 
Barnstable. 
Nantucket. 
Dukes  County. 


Assistant  regis- 
ter, Suffolk. 


Middlesex. 


Worcester. 


Kseex. 


Norfolk. 


Franklin. 


Clerk,  Suffolk. 


Clerical  assist- 
ance, Suffolk. 


Middlesex. 


Essex 


Bristol. 


Worcester. 


For  the  salary  of  the  register  of  pro])ate  and  insolvency 
for  the  county  of  Berkshire,  eighteen  hundred  dollars. 

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

For  the  salary  of  the  register  of  prol)ate  and  insolvency 
for  the  county  of  Barnstal)le,  thirteen  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Xantucket,  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  ])i-ol>ate  and 
insolvency  for  the  county  of  Suflblk,  twenty-eight  hun- 
dred dollars. 

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

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

For  the  salary  of  the  assistant  register  of  pro])ate  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  assistant  register  of  probate  and 
insolvency  for  the  county  of  Franklin,  five  hundred 
dollars. 

For  the  salary  of  the  clerk  of  the  register  of  probate 
and  insolvency  for  the  county  of  Suflblk,  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  insoh  ency  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  pr()l)ate 
and  insolvency  for  the  county  of  Bristol,  a  sum  not  ex- 
ceeding four  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  pro- 
bate   and    insolvency    for   the    county    of    Worcester,    a 


Acts,  1895.  — Chap.  4.  9 

sum  not  exceeding  twenty-three  hundred   and  fifty  dol- 
lars. 

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

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

For  extra  clerical  assistance  to  the  courts  of  probate  in  the  several 
and  insolvency  in  the   several  counties  of  the  Common-  s^'eflliTaJd '''^^^ 
wealth,  excepting  Sulfolk  and  Franklin  counties,  a  sum  ^'■-'"'^''d- 
not  exceeding  eighty -five  hundred  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.  "^^' 

For  the  salary  of  the  first  assistant  district  attorney  for  First  assistant. 
Suftblk  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. 
Suttblk  district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northern  District  attor- 
district,  twenty-four  hundred  dollars.  dis^trict.'^  ^™ 

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

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

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

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  dis- 
district,  twenty-one  hundred  dollars. 

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

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

Approved  January  31  ^  1895. 


10 


Acts,  189.").  —  Chap.  5. 


ChClJ).  5.  ''^^  '^*"^  MAKING  APrUOPRIATIOXS  VOll  riUXTING  AXD  BINDING  PUB- 
LIC UOCUMEXTS,  PURCHASE  OF  PAPER,  PUBLISHING  LAWS  AND 
PREPARING  TABLES   AND   INDEXES   RELATING  TO   THE   STATUTES. 


Appropriations. 


Printing  and 
binding  public 
documents. 


Exchange  and 
distribution. 


Printing  acts 
and  resolves. 


Reports  of  deci- 
sions of  supreme 
judicial  court. 


Blue  book. 


Publication  of 
general  laws, 
etc. 


Assessors' 
books  and 
blanks. 


Registration 
books,  etc. 


Printing  and 
binding  manual. 


Printing'  and 
bindinti,  senate 
and  bouse. 


Be  it  enacted^  etc.,  asfuUoivs: 

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

For  printing  and  binding  the  series  of  public  docu- 
ments, under  the  direction  of  the  secretary  of  the  Com- 
monwealth, a  sum  not  exceeding  fifty-five  thousand  dollars. 

For  expenses  in  connection  with  the  exchange  and  dis- 
tribution of  public  documents,  under  the  direction  of  the 
secretary  of  the  Commonwealth,  a  sum  not  exceeding  lif- 
teen  hundred  dollars. 

For  printing  the  pamphlet  edition  of  the  acts  and  re- 
solves of  the  present  year,  for  distribution  in  the  Com- 
monwealth, a  sum  not  exceeding  thirty-five  hundred  dollars. 

For  reports  of  decisions  of  the  supreme  judicial  court, 
including  copies  to  bs  furnished  to  newly  incorporated 
towns  by  the  secretary  of  the  Commonwealth,  a  sum  not 
exceeding  three  thousand  dollars. 

For  })rinting  and  binding  the  blue  book  edition  of  the 
acts  and  resolves  of  the  present  year,  with  the  governors 
message  and  other  matters  in  the  usual  form,  a  sum  not 
exceeding  sixty-five  hundred  dollars. 

For  the  newspaj^er  publication  of  the  general  laws  and 
all  information  intended  for  the  public,  a  sum  not  exceed- 
ing five  hundred  dollars. 

For  assessors'  books  and  blanks  furnished  cities  and 
towns  by  the  secretary  of  the  Commonwealth,  a  sum  not 
exceeding  fifteen  hundred  dollars. 

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

For  printing  and  binding  the  manual  of  the  general 
court,  under  tlie  direction  of  the  clerks  of  the  senate  and 
house  of  rei)rescntatives,  a  sum  not  exceeding  three  thou- 
sand dollars. 

For  printing  and  l)inding  ordered  by  the  senate  and 
house  of  representatives,  or  by  concurrent  order  of  the 


Acts,  1895.  — Chap.  5.  11 

two  brandies^  a  sum  not  exceeding  thirty  thousand  dol- 
lars. 

For  the  purchase  of  paper  for  the  Commonwealth,  used  P^'Ptr  ^^^  ^'^^^ 
in  the  execution  of   the  contract  for  the   state  printing, 
under  the  direction  of  the  secretary  of  the  Commonwealth, 
a  sum  not  exceeding  thirty  thousand  dollars. 

For  printing  and    distributing    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  Blank forms.etc. 
instructions  on  all  matters  relating  to  elections,  to  he  pro- 
vided by  the  secretary  of  the  Commonwealth,  a  sum  not 
exceeding  one  thousand  dollars. 

For  furnishing  cities  and  towns  with  ballot  boxes,  and  ^aiiot  boxes. 
repairs  to  the  same,  a  sum  not  exceeding  twenty-live  hun- 
dred dollars. 

For  furnishing  suitable  blanks  to  registrars  of  voters.  Blanks  to  regis- 
by  the  secretary  of  the  Commonwealth,  a  sum  not  exceed-  '""*"  °^  voters. 
ing  live  hundred  dollars. 

For  furnishino;  registrars  of  voters  in   the    cities   and  Registration 

,o  O  _  _  _  _  boxes. 

towns  in  the   Commonwealth    with    suitable   registration 
boxes,  a  sura  not  exceeding  five  hundred  dollars. 

For  the  preparation  of  tables  and  indexes  relating  to  Tables  and  in. 
the  statutes  of  the  present  and  previous  years,  under  the  utes. 
direction  of  the  governor,  a  sum  not  exceeding  five  hun- 
dred dollars. 

For  collating,  indexing  and  publishing,  in  a  style  similar  Publication  of 
to  that  in  which  the  blue  books,  so-called,  are  now  pub-  '^'^^^  '*^*' 
lished,  all  the  acts  and  resolves  of  the  general  court  from 
the  adoption  of  the  constitution  to  the  year  eighteen  hun- 
dred and  six,  a  sum  not  exceeding  seven  thousand  dollars. 

For  colhitiuo;,  indexing  and  publishino-  the  records  of  Publication  of 

-  ~  f      1  .      1      ~,      ,  ,        .  revohuionary 

the  JMassachusetts  troops  oi  the  period  ot  the  revolution,  records. 
a  sum  not  exceeding  fifty-five  hundred  dollars,  lieing  the 
amount  authorized  i\y  chapter  one  hundred  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-one  for  publish- 
ing; the  appropriation  for  this  purpose  authorized  liy 
chapter  thirteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  having  expired  by  limitation. 

For  the   purchase   of  record  inks   for  public  records.  Record  inks. 
under   the    direction    of  the    secretary  of  the    Common- 
wealth, a  sum  not  exceeding  five  hundred  dollars. 

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

Approved  January  31,  1895. 


12 


Acts,  1895.  — Chap.  G. 


Obstructions  in 
tide  waters. 


Preservation, 
etc.,  of  state 
records. 


Agricultural  ex. 
periment  sta- 
tion. 


Agricultural 
college,  free 
scholarships. 


Aid  to  students 
etc. 


(JJian,  6.     ^   ^^'^   MAKIXG   APPROrRIATIOXS    FOR   CERTAIN    ALLOWANCES   AU- 
THORIZED  BY   THE   LEGISLATURE. 

Be  it  enacted.,  etc.,  asfolloivs: 
Appropriations.  Sectiox  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  l)e  paid  out  of  the  treasury  of  the  Com- 
monwealth 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 
and  other  ol)structions  from  tide  waters,  a  sum  not  ex- 
ceeding live  thousand  dollars. 

For  the  arrangement  and  i)reservation  of  state  records 
and  papers,  under  the  direction  of  the  secretary  of  the 
Commonwealth,  a  sum  not  exceeding  five  thousand  dollars. 

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  live  thousand 
dollars  to  jn'ovide  the  theoretical  and  practical  education 
required  l)y  its  charter  and  the  laws  of  the  United  States 
relating  thereto. 

For  the  Massachusetts  school  for  the  feeble-minded,  the 
sum  of  twenty-live  thousand  dollars. 

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

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

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

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

For  expenses  of  transportation  of  the  state  jjublications 
to  the  free   public   libraries  in  this  Commonwealth,  by 


School  for 
feebleminded. 


School  for  the 
blind. 


Inspection  of 
food,  drugs,  etc. 


Extraordinary 
expenses. 


Premiums  on 
securities. 


Tranoportation 
of  state  publica 
tions. 


Acts,  1895.  — Chap.  7.  13 

the  secretary  thereof,  a  sum  not  exceeding  five  hundred 
dollars. 

For  expenses  in  connection  with  the  examination  and  Examination 
certification  of  school  teachers  by  state  authority,  a  sum  ot  school 
not  exceeding  five  hundred  dollars. 

For  the  Massachusetts  school  fund,  the  sum  of  one  hun-  School  fund. 
clred  thousand  dollars. 

For  the  care  and  maintenance  of  the  educational  museum,  Educational 
the  sum  of  fifteen  hundred  dollars.  '^"'""'^• 

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

For  the  Worcester  polytechnic   institute,  the   sum   of  tTchnTcInX'^ 
fifty  thousand  dollars.  i"'e. 

For  the  erection  of  the  new  normal  school  buildings  New  normal 
provided  for  by  chapter  four  hundred  and  fifty-seven  of  rngs" 
the  acts  of  the  year  eighteen  hundred  and  ninety-four,  a 
sum  not  exceeding  two  hundred  and  twenty-five  thousand 
dollars,  being  in  addition  to  the  seventy-five  thousand 
dollars  appropriated  by  chapter  five  hundred  and  forty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four. 

For  building  an  addition  to  the  state  normal  school  at  Normal  school 
Bridgewater,  a  sum  not  exceeding  thirty  thousand  dollars,  ^    "  ^®^^'®'"* 
being  in  addition  to  the  forty-five  thousand  dollars  appro- 
priated by  chapter  four  hundred  and  nineteen  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four. 

For  expenses  in  connection  with  carrying  out  the  law  Registered 

!,•  ,  T'j.  •       j_  •j_"^ii  •    ±  pharmacists. 

relative  to  complamts  against  registered  pharmacists,   a 
sum  not  exceeding  two  thousand  dollars. 

For  the  cost  of  maintenance  and  operation  of  the  system  sewage  disposal 
of  sewage  disposal  for  the  cities  of  Boston,  Newton  and  citie's and  towns. 
Waltham,  and  the  towns  of  Brookline  and  Watertown, 
for  the  year  eighteen  hundred  and  ninety-five,  a  sum  not 
exceeding  twenty-eight  thousand  dollars. 

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

Approved  January  31,  1S95. 

An  Act  making  ArrROPRiAxioxs  for  salaries  and  expenses  of  nj>rfj)    7 

THE   DISTRICT   POLICE. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  payment 
of  salaries  and  expenses  of  the  district  police  during  the 


u 


Acts,  1895.  — Chap.  8. 


year  ending  on  the  thirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-five,  to  wit :  — 
poi'i^/e°*  '^'*"'''='      For  the  salary  of  the  chief  of' the  district  police,  a  sum 
not  exceeding  twenty-five  hundred  dollars. 

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

For  the  salary  of  the  second  clerk  in  the  office  of  the 
chief  of  the  district  police,  the  sum  of  one  thousand 
dollars. 

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

For  travelling  expenses  actually  paid  by  members  of 
the  district  police,  a  sum  not  exceeding  twenty  thousand 
eight  hundred  dollars. 

For  incidental  and  contingent  office  expenses  of  the 
chief  and  members  of  the  district  police,  a  sum  not  ex- 
ceeding two  tliousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  ))assage. 

Approved  January  31,  1895. 


First  clerk. 


Second  clerk. 


District  police. 


Travelling  es 
penses. 


Incidental  ex 
pensea. 


Chap.  8.    An  Act  making  appropriations  kor  salaries  and  expenses  at 

THE  REFORMATORY  PRISON    FOR   AVOMEN,    AT   SHERP.ORN. 


Appropriations, 


RefornriBtory 
prison  for 
women. 


Sewage  diepc 
sal. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  ])ayment 
of  salaries  and  ex])enses  at  the  reformatory  prison  for 
women,  at  Sherborn,  during  the  year  ending  on  the 
thirty-first  day  of  December  in  tlie  year  eighteen  hundred 
and  ninety-five,  to  wit :  — 

For  the  })ayment  of  salaries  and  wages  at  the  reforma- 
tory prison  for  women,  at  Sherborn,  a  sum  not  exceeding 
twenty-four  thousand  five  hundred  dollars  ;  and  for  other 
current  expenses  at  said  institution,  a  sum  not  exceeding 
thirty-one  thousand  five  hundred  dollars. 

For  the  to\\'n  of  Framingham,  toward  the  annual  ex- 
pense of  maintaining  and  oj)erating  the  system  of  sewage 
disposal  at  the  reformatory  prison  for  women,  the  sum  of 
six  hundred  dollars. 

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

Approved  January  31,  1895. 


Acts,  1895.  — Chaps.  9,  10,  11.  15 


An  Act  making  appropriations  for  salaries  and  expenses  at  {^Jiqj)    9 

THE   state   prison   AT    BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropnaiions. 
propriated,  to  l)e  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinar^)'  revenue,  for  the  })ayment 
of  salaries  and  expenses  at  the  state  prison  at  Boston 
during  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-five,  to 
wit :  — 

For  the   payment    of  salaries   at   the    state    prison    at  state  prison. 
Boston,  a  sum  not  exceeding  seventy- four  thousand  dol- 
lars ;  and  for  other  current  expenses  at  said  institution, 
a  sum  not  exceeding  ninety  thousand  dollars. 

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

Approved  February  1,  1895. 


An  Act  authorizing  advances  to  the  sergeant-at-arms  from 
the  treasury  of  the  commonwealth. 


Chcqj.lO. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  There  mav  be  advanced  to  the  serjreaut-  Advanc.sto 
at-arms,  under  the  provisions  ot  chlapter  one  hundred  and  f^rma. 
seventy-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  to  meet  the  necessary  and  legitimate  inci- 
dental expenditures  made  by  him  in  the  care  of  the  state 
house  and  grounds,  an  amount  not  exceeding  live  hundred 
dollars  at  any  one  time. 

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

Approved  February  1,  1S93. 


Chap.  11. 


Ax  Act  to  provide  for  the  appointment  of  additional  pages. 
Be  it  enacted,  etc.,  as  follows  : 

Section.  1.      The    sergeant-at-arms   may   appoint   six  Additional 
pages,  in  addition  to  the  present  numl>er,  who  shall  l)e  ^^^'^' 
assigned  to  such  service  in  the  state  house  as  he  may 
specify. 

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

Approved  February  1, 1895. 


16  Acts,  1895.  — Chap.  12. 


CllCil).  12.  ^^  ^^"^  '^^  AUTHORIZE  A  CHANGE  IN  THE  LOCATION  OF  THE  BOSTON 
AND  ALBANY  KAILKOAl)  ACKOSS  LAKE  COCIHTUATE,  AND  THE  TAK- 
ING OF   LAND  INCIDENT    THERETO. 

Be  it  enacted,  etc.,  as  follows : 

ni'ikomi^mly  be       SECTION  1.     The  commissionors  api)ointcd  bv  tlic  supc- 
chauged.  ^{qy  court  for  tlic  couuty  of  jVIiddlesGX  upon  the  joint  peti- 

tion of  the  selectmen  of  Natick  and  the  directors  of  the 
Boston  and  Allmny  Kaih'oad  Company,  to  determine  the 
method  of  the  abolition  of  certain  crossings  of  pul)lic  wa^'s 
in  said  town  and  the  Boston  and  Albany  railroad,  are 
hereby  authorized  to  prescribe  and  direct  a  new  location 
of  said  railroad  across  lake  Cochituate  and  land  of  the 
city  of  Boston  in  the  town  of  Natick,  and  to  take  land 
therefor  as  follows  :  — The  center  or  base  line  of  said  new 
location  is  described  as  follows: — Beginning  at  a  stone 
monument  set  in  the  ground  at  a  point  in  the  i)resent  base 
line  of  location,  distant  al)out  nine  hundred  and  forty-six 
feet  easterly  from  the  nineteenth  mile  post ;  thence  run- 
ning northeasterly,  easterly  and  southeasterly  by  a  line 
curving  to  the  south,  with  a  radius  of  three  thousand  eight 
hundred  and  nineteen  and  eighty-three  one  hundredths 
feet,  about  eight  hundred  and  seventy-six  and  sixty-six 
one  hundredths  feet  to  a  stone  monument  set  in  the 
ground ;  thence  running  south  eighty-one  degrees  and 
twenty-six  minutes  east  about  four  hundred  and  ninety- 
six  and  sixty-five  one  hundredths  feet  to  a  stone  monu- 
ment set  in  the  ground ;  thence  running  southeasterly, 
easterly  and  northeasterly  by  a  line  curving  to  the  north, 
with  a  radius  of  three  thousand  eight  hundred  and  nine- 
teen and  eighty -three  one  hundredths  feet,  about  one 
thousand  seven  hundred  and  six  and  sixty-seven  one  hun- 
dredths feet  to  a  stone  monument  set  in  the  ground ; 
thence  running  north  seventy-two  degrees  and  fifty-eight 
minutes  east  about  one  thousand  two  hundred  and  sixty- 
six  and  twenty-seven  one  hundredths  feet  to  a  stone  monu- 
ment set  in  the  ground  ;  thence  running  northeasterly  by 
a  line  curving  to  the  south,  with  a  radius  of  five  thousand 
seven  hundred  and  twenty-nine  and  sixty-five  one  hun- 
dredths feet,  al)()ut  six  and  fifty-nine  one  hundredths  feet 
to  a  point  in  the  dividing  line  between  land  of  Henry 
Ramsdell  and  land  of  the  city  of  Boston,  distant  two  hun- 
dred and  twenty-six  and  twenty-one  one  hundredths  feet 
northerly  from  the  present  base  line  of  location.     Upon 


Acts,  1895.  — Chap.  13.  17 

said  new  location  said  railroad  company  may  construct  an  Location  of 
embankment  across  lake  Cochituate  of  such  width  that  the  hechL^dl 
northerly  edge  of  the  top  of  said  embankment  shall  be 
not  more  than  thirty  feet  northerly,  and  the  southerly 
edge  of  the  top  of  said  embankment  shall  be  not  more 
than  fifty  feet  southerly,  from  the  said  new  base  line  of 
location  hereinbefore  described,  and  of  a  height  not  greater 
than  one  hundred  and  fifty-nine  feet  above  Boston  city 
base ;  and  the  bottoms  of  said  embankment  may  extend 
so  far  northerly  and  southerly  as  shall  l)e  necessary  to 
maintain  the  proper  slopes ;  said  embankment  to  be  made 
with  proper  culverts  through  which  water  may  pass  to 
lake  Cochituate ;  said  location  shall  include  so  much  of 
said  lake  Cochituate  as  lies  between  said  railroad  com- 
pany's present  location  and  a  line  parallel  with  and  distant 
thirty  feet  northerly  from  said  new  base  line  of  location 
hereinbefore  described,  and  so  much  land  of  the  city  of 
Boston  and  others  along  said  base  line  as  said  commis- 
sioners shall  prescribe. 

Section  2.  To  enable  the  abolition  of  said  crossings  May  tatc  cer- 
to  be  carried  out  and  to  provide  reasonable  facilities  for 
freight  in  connection  therewith  the  Boston  and  Albany  Rail- 
road Company  is  authorized  to  take,  by  purchase  or  other- 
wise, for  freight,  storage,  depot  or  station  purposes,  and 
for  approaches,  the  whole  or  any  part  of  the  land  included 
between  Main  street,  "VVashinglon  avenue,  Cochituate 
street,  Harrison  street  and  Bellevue  street  extended  to 
meet  Harrison  street,  in  said  Natick,  without  further  pro- 
ceedings therefor  except  to  file  a  location  thereof. 

Section  3.  In  case  the  parties  in  interest  cannot  agree  Damages. 
on  the  damages  for  land  taken  as  aforesaid  the  same  shall 
be  determined  in  the  manner  provided  by  chapter  one 
hundred  and  twelve  of  the  Public  Statutes,  and  the  dam- 
ages to  the  city  of  Boston  may  be  settled  by  agreement 
between  the  directors  of  the  Bostcm  and  Albany  Railroad 
Company  and  the  Boston  water  board. 

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

Approved  February  8,  1S95. 

An  Act  making  approvriaiions  for  incidental,  contingent  f^jjfjYi  18 

AND  miscellaneous   EXPENSES   OF   THE  VARIOUS  COMMISSIONS  OF  1  '  ' 

THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

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


18 


Acts,  1895.  — Chap.  13. 


Appropriations.  Avcaltli  fi'om  tlie  oixlitiary  revenue,  except  fis  herein 
])rovi(led,  for  the  purposes  specified,  to  meet  expenses  for 
the  year  endiiiiz;  on  the  thii-ty-iirst  day  of  December  in  the 
year  eighteen  hundred  and  ninety-five,  to  wit :  — 


Tax  comtnia- 
siODcr. 


State  valuation. 


Commissioners 
of  savings 
banlis. 


Insurance  com- 

tuisdioutir. 


Harbor  and  land 
coramissioners. 


Incidental  ex- 
penses. 


Railroad  com- 
missioiiers. 


Rent,  mes- 
senger, etc. 


Incidental  ex- 
penses. 


Railroad  in- 
spectors. 

Gas  and  electric 
lii;ht  commls- 
Bioners. 


Inspectors  of 
gas  meters. 


COaOIISSIONERS   AND   OTHERS. 

For  incidental  and  contingent  expenses  of  the  tax  com- 
missioner and  commissioner  of  corporations,  a  sum  not 
exceeding  thirty-four  hundred  dollars. 

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

For  travelling  and  incidental  expenses  of  the  commis- 
sioners of  savino-s  banks,  a  sum  not  exccedino-  thirtv-three 
hundred  dollars. 

For  incidental  and  contingent  expenses  in  the  depart- 
ment of  the  insurance  commissioner,  a  sum  not  exceeding 
forty-five  hundred  dollars. 

For  travelling  and  other  necessary  expenses  of  the  har- 
bor and  land  commissioners,  a  sum  not  exceeding  six 
hundred  dollars. 

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

For  the  compensation  of  experts  or  other  agents  of  the 
board  of  railroad  conmiissioncrs,  a  sum  not  exceeding 
thirty-eight  hundred  dollars. 

For  rent,  care  of  oflice  and  salary  of  messenger  for  the 
board  of  railroad  commissioners,  a  sum  not  exceeding 
thirty-one  hundred  clolhirs. 

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

For  travelling  and  other  expenses  of  the  railroad  in- 
spectors, a  sum  not  exceeding  five  hundred  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  insjiector  of  gas  meters,  a  sum  not  exceed- 
ing 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. 


Acts,  1895.  — Chap.  13.  19 

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

For  clerical  assistance,  expenses  of  examinations,  print-  cwu  pervico 
mg  or  civil  service  rules  and  regulations  and  other  infor- 
mation for  the  use  of  applicants,  printing,  advertising  and 
stationery,  travelling  and  incidental  expenses  of  the  chief 
examiner,  commissioners  and  secretary,  and  necessary 
office  expenses,  a  sum  not  exceeding  twelve  thousand 
dollars. 

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

For  the  general  work  of  the  state   board  of  health,  state  board  of 
including  all  necessary  travelling  expenses,   a  sum  not 
exceeding  twelve  thousand  eight  hundred  dollars. 

For  clerical  assistance,  travelling  expenses,  rent,  care  of  ^'^^'^  pension 
rooms  and  other  necessary  expenses  of  the  state  j^ension 
agent,  a  sum  not  exceeding  four  thousand  dollars. 

For  travelling  and  other  expenses  of  the  deputy  sealer  Deputy  spaier 
of  weights,  measures  and  balances,  a  sum  not  exceeding  meas^ilferand 
five  hundred  dollars ;  and  for  furnishing  sets  of  standard  ^^*'»'"=^«>  ^'^'=- 
weights,  measures  and  balances  to  towns  not  heretofore 
provided  therewith,  and  to  each  newly  incorporated  town, 
also  to  provide  cities  and  towns  with  such  portions  of  said 
sets  as  may  be  necessary  to  make  their  sets  complete,  a 
sum  not  exceeding  six  hundred  dollars. 

For  clerk  hire,  travelling  and  incidental  expenses  of  the  Commissioner 
commissioner  of  foreign  mortgage    corporations,  a   sum  gLe"coi^pora?'^'' 
not  exceeding  twenty-four  hundred  and  ninety  dollars.        ''"°^' 

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

For  such  expenses  as  the  treasurer  and  receiver  general  ^ecetvjrgen-'^ 
may  tind  necessary  in  carrying  out  the  provisions  of  the  ^'^''^• 
act  imposing  a  tax  on  collateral  legacies  and  successions, 
a  sum  not  exceeding  seven  hundred  and  fifty  dollars. 

MISCELLANEOUS. 

For  expenses  in  connection  with  taking  evidence  given  Evidence  at  in- 
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  sonify Hf'cer. 
receivers  of  certain  insolvent  corporations,  after  the  same  »»'"  insolvent 

^  '  corporations. 


20 


Acts,  1895.  — CiiAr.  14. 


Funds  received 
from  public  ad- 
miuistratorti. 


Bureau  of  Bta. 
tistics  of  labor, 
contingent  ex- 
penses. 

Roads  in  Masli- 
pee. 


Beacli  Point 
road  in  Truro. 


Removal  of  de- 
parinienls  to 
state  liouse  ex- 
tension. 


State  military 
and  naval  his- 
torian. 


have  T)oeii  deposited  in  the  treasury  of  the  Common- 
Avealth,  a  sum  not  exeeedinir  three  thousand  dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  the 
payment  from  the  treasury  of  the  Commonwealth  of 
funds  receiA'ed  from  i)ul)lic  administrators,  a  sum  not 
exceeding  four  thousand  dollars. 

For  contingent  expenses  of  the  bureau  of  statistics  of 
labor,  to  be  expended  under  the  direction  of  the  sergeaut- 
at-arms,  a  sum  not  exceeding  five  hundred  dollars. 

For  expenses  incurred  in  the  construction  and  repair  of 
roads  in  the  town  of  ]\Iash]iee  during  the  year  eighteen 
hundred  and  ninety-four,  the  sum  of  three  hundred  dol- 
lars. 

For  assistance  to  the  town  of  Truro  in  maintaining  a 
section  of  its  county  highway,  known  as  Beach  Point 
road,  a  sum  not  exceeding  five  hundred  dollars. 

The  unexpended  balance  of  the  appropriation  author- 
ized by  chapter  three  hundred  and  twenty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three,  for  ex- 
]ienses  in  connection  with  the  removal  of  departments  to 
their  new  locations  in  the  state  house  extension,  is  hereby 
reappropriated  for  the  same  purpose. 

For  the  salary  of  the  state  military  and  naval  historian 
to  the  fourteenth  day  of  June  of  the  present  year,  a  sum 
not  exceeding  eleven  hundred  dollars ;  and  for  clerical 
assistance  and  other  necessary  exj^enses  of  said  historian, 
a  sum  not  exceeding  seven  hundred  and  fifty  dollars. 

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

Approved  February  S,  1895. 


ChCLT)    l-l.   -^^  ^^"^  MAKING  ArPROPIUATIOXS    FOR  TUE  PAYMENT  OF  STATE  AND 
MH.ITAKY  AID  AND  FOR  EXPENSES  IN  CONNECTION  TUEREWITII. 

Be  it  enacted^  etc  ,  asfollotcs: 
Appropriations.      SECTION  1.     The  sutiis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monweallh  from  the  ordinary  revenue,  for  the  jnirposes 
s]iecified,  to  meet  expenses  for  the  year  ending  on   the 
thirtv-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-five,  to  wit :  — 
State  and  mill-        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  ninety-eight  thousand  dollars,  the  same  to  be 


Acts,  1895.  — Chap.  15.  21 

paid  on  or  before  the  first  day  of  December  in  the  year 
eighteen  hundred  and  ninety-five. 

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

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

Apxiroved  February  8,  1895. 


An   Act    MAiaxa  appkopriations    for  slndky  agricultukal  Qfiaj).  15. 

EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  arc  ap-  Appropriations. 
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-five,  to  wit:  — 

For  bounties  to    agricultural   societies,  a  sum  not  ex-  Asricuiturai 

T  ,  .  . ,  Tin  societies,  boun- 

ceedmg  twent_y-one  thousand  dollars.  ties. 

For  travelling  and  other  necessary  expenses  of  the  Board  of  agri- 
meml)ers  of  the  state  board  of  agriculture,  a  sum  not  pel's^eTo^mem- 
exceeding  nhieteen  hundred  dollars.  *'®'®* 

For  incidental  and  contingent    expenses  of    the    state  incidental  ex- 
board  of  agriculture,  a  suui  not  exceeding  seven  hundred  p™'*''*" 
dollars. 

For   travelling   and   other   necessary  expenses   of  the  Expenses  of 
secretary  of  the   state  board  of  agriculture,  a   sum-  not  ^'"''''^'^■^^^• 
exceeding  five  hundred  dollars. 

For   disseminating   useful   information  in  agriculture,  Farmers' insti- 
by  means  of  lectures   at   farmers'  institutes,  a  sum  not 
exceeding  eighteen  hundred  and  fifty  dollars. 

For  travelling  and  other  necessary  expenses  of  the  Agricultural 
trustees  of  the  Massachusetts  agricultural  college,  a  sum  teU!^"'""'* 
not  exceeding  eight  hundred  dollars. 

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

For  purchasing  nails  or  spikes  to  be  driven  into  certain  Preservation  of 
trees  designated  by  the  authorities  of  cities  and  towns,  for 
the  purpose  of  preserving   ornamental  and   shade   trees 
on  public  highways,  a  sum  not  exceeding  two  hundred 
dollars. 

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

Approved  February  8,  1895. 


22 


Acts,  1893.  — Chap.  16. 


Chcq^.  10. 


Appropriations. 


Coramispioners 
of  prisons, 
travelling  us- 
penses. 


Incidental  ex- 
penses. 


Removal  of 
prisoners. 


Aiding 

discbiirged 

prisoners. 


Agent  for  .Tid- 
ing discharged 
prisoners. 


Agent  for  aid- 
ing discharged 
female  prison- 
ers. 


State  primary 
and  reform 
schools,  trus- 
tees. 

Sarah  J.  Robin- 
euu. 


ProVvation 
officers. 


Ax  Act  m.\kin"g  ArrRorni.vTioxs  ron  expensf.s  ix  coxnectiox 

"NVITII  THE  I'UISONS  OF   THE   COMMUX WEALTH  AXU  CEKTAIX  OTHER 
REFORMATORY  EXPEXSES. 

Beit  enacted^  etc.,  asfolloivs: 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap- 
l^ropriatod,  to  be  ]):iid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
S])eeirted,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  Dccem])er  in  the  year  eigliteen  hundred 
and  ninety-five,  to  wit :  — 

For  travelling  expenses  of  the  commissioners  of  pris- 
ons, and  of  the  secretary  and  agents  ol  said  comniis- 
f^ioners,  a  sum  not  exceeding  twenty-five  hundred  dol- 
lars. 

For  incidental  and  contingent  expenses  of  the  commis- 
sioners of  prisons,  a  sum  not  exceeding  twelve  hundred 
dollars. 

For  expenses  incurred  in  removing  prisoners  to  and 
from  state  and  county  prisons,  a  sum  not  exceeding  nine 
hundred  dollars. 

For  aiding  ])iisoners  discharged  from  the  ^lassachusetts 
reformatory  at  Concord,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  the  salary  of  the  agent  for  aiding  prisoners  dis- 
charged from  the  state  prison  at  Boston,  the  sum  of  one 
thousand  dollars ;  and  for  expenses  of  said  agent,  to  ])e 
used  in  rendering  assistance  to  said  prisoners,  a  sum  not 
exceeding  three  thousand  dollars. 

For  expenses  of  the  agent  for  aiding  female  prisoners 
discharged  from  the  ])risons  of  the  Commonwealth,  in- 
cluding assistance  rendered  to  said  prisoners,  a  sum  not 
exceeding  three  thousand  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
trustees  of  the  state  primary  and  reform  schools,  a  sum 
not  exceeding  one  thousand  dollars. 

For  the  support  of  Sarah  rf.  Robinson,  a  prisoner  in 
the  jail  at  I^owell  in  the  county  of  jMiddlcscx,  a  sum  not 
exceeding  four  hundred  dollars. 

For  the  compensation  of  probation  officers,  as  author- 
ized b}'  section  seven  of  chapter  three  hundred  and  fifty- 
six  of  the  acts  of  the  year  eight(HMi  hundred  and  niiiet}"- 
one,  a  sum  not  cxceedin<;  six  hundred  dollars. 


Acts,  1895.  — Chaps.  17,  18.  23 

For  expenses  incurred  in  the  arrest  of  fuoitives  from  Arrest  of 
justice,  a  sum  not  exceeding  two  thousand  doUars.  fugiuvea. 

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

Approved  February  8,  189 o. 

An  Act  making  ax  ArpROPRiAxiox  for  the  abolition  of  grade  ry.^vj  1 7 

CROSSINGS  LOAN   SINKING   FUND.  -^* 

Be  it  enacted,  etc.,  asfolloivs:  ■ 

Section  1.     The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  C'oumion- 
wealth  from  the  ordinary  revenue,  for  the  purpose  speci- 
fied, to  wit :  — 

For  the  abolition  of  grade  crossino-s  loan  sinking  fund,  Abolition  of 

.  ,     1    ^        .  ,         '  f,  1  P      -,  ,  '~       .     ,       grade  crossings 

as  provndecl  lOr  in  chapter  tour  hundred  and  twenty-eigiit  loan  sinking 
of    the    acts   of   the    year  eighteen  hundred  and  ninety, 
being  the  estimate  of  the  treasurer  and  receiver  general, 
the  sum  of  thirteen  thousand  nine  hundred  dollars. 

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

Approved  February  8,  1895. 


INSANE    (77  13^ 

PARKS 


An    Act    making    appropriations    for   the  medfield  insane 
asylum    loan    sinking   fund  and  the  metropolitan 
loan  sinking  fund. 

Be  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  wit :  — 

For  the  Medfield  insane  asylum  loan  sinking  fund,  as  Merifieid  insane 
provided  for  in  section  one  of  chapter  three  hundred  and  erukiug  tuii'd. 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  being  the  estimate  of  the  treasurer  and   re- 
ceiver general,  the  sum  of  fourteen  thousand  six  hundred 
and  sixty  dollars. 

For  the  metropolitan  parks  loan  sinking  fund,  towards  Metropolitan 
retiring  the    scrip   issued,  known  as  series  two,  as   pro-  fn^gfuilu!"  ^'°'^' 
vided  for  in  chapter  two  hundred  and  eighty-eio;ht  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  ])eing 
the   estimate  of  the    treasurer   and    receiver  general,  the 
sum  of  thirty-three  hundred  and  fifty  dollars. 

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

Ax>proved  February  8,  1895. 


24  Acts,  1895.  — Chaps.  19,  20. 

Chan.  19     -'^^  ^^'^"^  making   ArrUOPUIATIONS   FOR   SAT-AIUES  AND  EXIT-XSES  AT 
THE  STATE  IXDUSTKIAL  SCllOOE  EOIi  CJIKES,  AT  hANCASTEK. 

Be  it  enacted^  etc.,  as  follows: 

AppropriatioQB.  Section  1.  TliG  suiiis  licrciiiaftcr  mentioned  arc  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monweahh  from  the  ordinary  revenue,  for  the  pa\inent  of 
salaries  and  ex|)en,se3  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 
ninet3'-tive,  to  wit :  — 

st!\te  industrial       Yq^  the  pavmcnt  of  salaries,  wages  and  la])or  at   the 

school.  .  ^   , "  .  . 

state  industrial  school  for  girls,  at  Lancaster,  a  sum  not 
exceeding  eleven  thousand  five  hundred  dollars ;  and  for 
other  current  expenses  at  said  institution,  a  sum  not  ex- 
ceeding sixteen  thousand  two  hundred  and  fifty  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  S,  1S95. 


ChaV'  20.  ^^  '^^-"^  MAKING  APPROPRIATIONS    FOR  SALARIES  ANH  EXPENSES  AT 
THE  MASSACHUSETTS  KEFOUMATUKV  AT  CUNCOUO. 

Be  it  enacted,  etc. ,  as  folloivs : 

Appropjiations.  Section  1.  The  suDis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  pa>'ment  of 
salaries  and  expenses  at  the  ]Massachusctts  reformatory  at 
Concord  during  the  year  ending  on  the  thirty-first  day  of 
l)ecenil)er  in  the  year  eighteen  hundred  and  ninety-five, 
to  wit :  — 

MaBsachusetta         Yov  the  navmcut  of  salaries  at  the   Massachusetts  re- 

reiormatory.  i     • 

formatory  at  Concord,  a  sum  not  exceeding  seventy-eight 
tliousand  and  six  hundred  dollars  ;  for  salaries  and  wages 
of  instructors,  teachers  and  other  employees,  a  sum  not 
exceeding  twenty-three  thousand  and  nine  hundred  dol- 
lars;  and  for  other  current  expenses  at  said  institution,  a 
sum  not  exceeding  one  hundred  twelve  thousand  and  three 
hundred  dollars. 

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

Approved  February  S,  1S95. 


Acts,  1895.  — Chaps.  21,  22.  25 


An  Act  relative  to  the  election  of  the  trustees  and  secre-  (JJiq^j)^  21. 
tary  and  treasurer  of  the  trustees  of  the  forbes  library. 

Be  it  enacted^  etc.,  as  follows : 

Section  one  of  chapter  two  hundred  and  eighty-nine  of  aj^eujed.^  ^' 
the  acts  of  the  year  eighteen  hundred  and  ninety-three 
is  hereby  amended  by  striking  out  in  the  seventh  line, 
the  word  "annually",  and  inserting  in  place  thereof  the 
words: — in  the  year  eighteen  hundred  and  ninety-five 
and  every  third  year  thereafter,  —  also  by  striking  out 
in  the  ninth  line,  the  words  "one  year",  and  inserting 
in  place  thereof  the  words: — three  years  from  the  first 
Wednesday  of  May  following  said  election.  A  vacancy 
occurring  in  any  of  said  offices  may  be  tilled  for  the  resi- 
due of  the  unexpired  term  at  the  next  annual  city  elec- 
tion,—  so  as  to  read  as  follows  :  —  Section  1.     The  le^al  Election  of  ceiv 

'  •  r»    -»^         1  1111  1     '"'"  otticers  in 

voters  of  the  city  of  JNorthampton  shall  elect  at  each  the  city  of 
annual  city  election,  in  the  same  manner  in  which  the  °'  """^  °°' 
mayor  is  elected,  one  trustee  under  the  will  of  Charles  E. 
Forbes,  instead  of  three  trustees  as  now  provided  by  the 
charter  of  said  city,  and  such  trustee  shall  serve  for  the 
term  of  three  years ;  and  said  voters  shall  in  the  year 
eighteen  hundred  and  ninety-five  and  every  third  year 
thereafter  elect  in  the  same  way  a  secretary  and  treasurer 
of  the  Trustees  of  the  Forbes  Library,  to  serve  for  the 
term  of  three  years  from  the  first  Wednesday  of  INIay 
following  said  election.  A  vacancy  occurring  in  any  of 
said  offices  may  be  tilled  for  the  residue  of  the  unexpired 
term  at  the  next  annual  city  election. 

Approved  February  S,  1895. 

An  Act  to  authorize  a  lease  op  the  Peterborough  railroad  (JJkiy)^  22. 

TO    the    BOSTON    AND    LOWELL    RAILROAD    CORPORATION   AND  A 
TRANSFER  OF  THE  SAME  TO  THE  BOSTON  AND  MAINE  RAILROAD. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.  The  lease  of  the  Peterborough  Railroad  ]:^,;;"a°uihonzed, 
to  the  Boston  and  Lowell  Railroad  Corporation,  dated  etc 
April  first,  eighteen  hundred  and  ninety-three,  authorized 
by  vote  of  the  stockholders  of  the  Peterborough  Railroad 
jNIay  twenty-fourth,  eighteen  hundred  and  ninety-three, 
and  approved  by  the  stockholders  of  the  Boston  and 
Lowell  Railroad  Corporation  January  third,  eighteen  hun- 
dred and  ninety-four,  is  hereby  authorized,  ratified   and 


26 


Acts,  1895,  — Chaps.  23,  24. 


Proviso. 


Lease  m:iy  be 
ussigueil. 


confirmed :  j^^'ovided,  that  the  said  lease  Avhen  executed 
by  the  said  corporations  shall  be  approved  in  writing  by 
the  board  of  railroad  commissioners. 

Sectiox  2.  Said  lease  when  so  approved  ma}-  be  as- 
signed by  the  Boston  and  Lowell  Kailroad  Corporation  to 
the  Boston  and  Elaine  Kailroad,  subject  to  all  obligations 
therein  contained  on  the  part  of  the  said  Boston  and 
Lowell  Railroad  Corporation,  for  the  term  of  its  lease 
to  the  Boston  and  INlaine  Kailroad,  dated  June  twenty- 
second,  eighteen  hundred  and  eighty-seven,  subject  to 
the  conditions  thereof. 

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

Approved  Febraanj  8,  lS9o. 


Chap.  23.  ^^    -'^^'^    MAKING    AN    APPROPEIATION    FOR    THE    STATE    HIGnAVAY 

LOAN  felNKING  FUND. 


Appropriation. 


State  hi  eh  way 
loan  siukiug 
fuud. 


Be  it  enacted,  etc.,  as  follows: 

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

For  the  state  highway  loan  sinking  fund,  as  provided 
for  in  section  eight  of  chapter  four  hundred  and  ninety- 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  being  the  estimate  of  the  treasurer  and  receiver 
general,  the  sum  of  seventy-five  hundred  and  thirty 
dollars. 

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

Approved  February  <9,  1S95. 


Chap. '24:.  ^^  ■^^'^  MAKING  APPKOPKIATIOXS  FOR  TIIK  STATE  HOUSE  LOAN 
SINKING  FCNI),  1901,  AND  TIIK  STATIC  HOUSE  CONSTRUCTION  LOAN 
SINKING  FUND. 


Appropriations. 


State  house  loan 
eiukiiig  fuud. 


State  house 
conetriu-lion 
lonn  eiukiug 
fund. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  a|> 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  wit :  — 

For  the  state  house  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. 

For  the  state  house  construction  loan  sinking  fund,  as 
provided  for  in  section  eight  of  chapter  three    hundred 


Acts,  1895.  — Chaps.  25,  2G,  27.  27 

and  ninety-four  of  the  acts  of  the  year  eighteen  hundred 
and  eiahty-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  effect  upon  its  passage. 

Approved  February  <S,  1895. 

An  Act  makixu  ArPROPRiATiONS  fou  salaries  akd  expenses  at  (JJiQnj  95^ 

THE  STATE  ALMSHOUSE  AT  TEWKSBURY. 

Be  it  enacted.,  etc.,  as  foUoics : 

Sectiox  1 .  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
pro})riated,  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-five, 
to  wit :  — 

For  the  payment  of  salaries,  wages   and  labor  at  the  stato  aims- 
state    almshouse    at    Tewkslmry,  a   sum   not    exceeding 
thirty-two  thousand  five  hundred  dollars ;  and  for  other 
current  expenses  at  said  institution,  a  sum  not  exceeding 
one  hundred  thousand  dollars. 

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

Apqiroved  February  <S,  1S95. 

An  Act  to  authorize  the  boott  cotton  mills  to  engage  in  Qliari  26 

BUSINESS  BEYOND  THE  LIMITS  OF  THE  COMMONWEALTH. 

J5e  it  enacted,  etc.,  as  follows: 

Section  1.     The  Boott  Cotton  Mills  is  hereby  author-  Boott  cotton 
ized  to  carry  on  the  business  of  purchasing,  selling  and  ten/iu'uubf-" 
manufacturing  cotton,  or  any  other  fibre  or  any  i)roduct  "''"*• 
thereof,  in  any  part  of  the  United  States  of  America,  and 
to  invest  such  portions  of  its  capital   stock  in  real  and 
personal   estate,  either  within  or   without   the  Common- 
wealth, as  may  be  necessary  or  convenient  for  carrying 
on  its  Imsiness. 

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

Approved  February  8,  1895. 

An  Act  relative  to  sessions  of  registrars  of  voters  in  towns.  (JJian.  27. 
Be  it  enacted.,  etc.,  as  folloivs : 

Section  1.     Section  thirty-eight  of  chapter  four  hun-  isgs,  417,  §  38, 
dred  and  seventeen  of  the  acts  of  the  year  eighteen  hun-  «""^°'*®<^- 


28 


Acts,  1895.  — Chap.  27. 


Rpcristration 
8ei!iiiuiiH  in 
towns  diviJed 
Into  voting 
precincts. 


1893,  417,  §  S9, 
amended. 


Reeiftratlon 
sessions  in 
towns  not 
divided  into  vot- 
ing precincts. 


dred  and  ninety-three  is  hereby  amended  bj^  striking  out 
in  the  twelfth  and  thirteenth  lines,  respectively,  the  words 
"Wednesday  next",  and  inserting  in  })lace  thereof,  in 
each  line,  the  words  :  —  Saturday  next  but  one,  —  so  as  to 
read  as  follows  :  —  Section  3S.  The  registrars  in  every 
town  divided  into  voting  precincts  shall  hold  such  sessions 
as  the  town  may  prescribe,  and  such  other  sessions  as  the 
registrars  may  themselves  deem  necessary  ;  and  they  shall 
in  every  year,  not  more  than  twenty  days  before  the 
annual  state  election,  and  also  not  more  than  twenty  da}s 
before  the  annual  town  meeting,  but  in  each  case  on  or 
before  the  last  day  fixed  for  registration,  hold  at  least 
one  session  at  some  suitable  and  convenient  ])lace  within 
the  limits  of  each  voting  precinct ;  and  they  shall  hold  a 
continuous  session  from  twelve  o'clock,  noon,  until  ten 
o'clock  in  the  evening  on  the  Satuixlay  next  but  one  pre- 
ceding the  annual  state  election,  and  also  on  the  Saturday 
next  but  one  preceding  the  annual  town  meeting. 

Section  2.  Section  thirty-nine  of  said  chapter  is 
hereby  amended  by  striking  out  in  the  twelfth  and  thir- 
teenth lines,  respectively,  the  words  "  AVednesday  next", 
and  inserting  in  place  thereof,  in  each  line,  the  words  :  — 
Saturday  next  but  one,  —  so  as  to  read  as  follows  :  —  Sec- 
tion 39.  The  registrars  of  voters  in  every  town  not 
divided  into  voting  precincts  shall  hold  such  sessions  as 
the  town  may  prescribe,  and  such  other  sessions  as  the 
registrars  may  themselves  deem  necessary  ;  and  they  shall 
in  every  year,  not  more  than  twenty  days  before  the 
annual  state  election,  and  also  not  more  than  twenty  days 
before  the  annual  town  meeting,  but  in  each  case  on  or 
before  the  last  day  fixed  for  registration,  hold  sessions  in 
two  or  more  suitable  and  convenier.t  places  in  such  to\\n  ; 
and  they  shall  hold  a  continuous  session  from  twelve 
o'clock,  noon,  until  ten  o'clock  in  the  evening  on  the  Sat- 
urday next  but  one  preceding  the  annual  state  election, 
and  also  on  the  Saturday  next  but  one  })receding  the 
annual  towu  meeting.  If  in  any  such  town  ten  or  more 
voters  residing  in  or  near  a  village  or  locality  which  is 
distant  two  or  more  miles  from  the  usual  place  of  regis- 
tration shall  file  with  the  town  clerk,  not  less  than 
ciijhteen  days  before  the  annual  state  election  or  the 
annual  town  meeting,  a  })etiti<)n  stating  that  there  arc  in 
such  village  or  locality  ten  citizens  at  least  who  are  en- 
titled and  desire  to  be  registered,  then  the  registrars  shall 


Acts,  1895.  — Chap.  28.  29 


hold  a  session  at   some  suitable   and   convenient  place  in 
such  village  or  locality  l^efore  the  last  day  fixed  for  regis- 
tration in  such  town  preceding  such  election  or  meeting. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  S,  1S95. 


Chap.  28, 


An  Act  to  establish  the  standard  weight  of  the  besiiel 

of  onions. 

Be  it  enacted,  etc.,  as  follows: 

Section  six  of  chapter  one  hundred  and  ninety-eiofht  of  ^s^^- 1^\'  § «. 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  amended  by  striking  out  in  the  thirteenth  line,  the 
word  "fifty-seven",  and  inserting  in  place  thereof  the 
word  :  — fifty-two,  —  so  as  to  read  as  follows  :  —  Section 
6.     The  bushel  of  wheat  shall  contain  sixty  pounds.  standrird  weight 

The  bushel  of  Indian  corn,  or  of  rye,  fifty-six  pounds.  oLS^eir"""' 

The  bushel  of  barley,  forty-eight  pounds. 

The  bushel  of  oats,  thirty-two  pounds. 

The  bushel  of  corn  meal,  fift}^  pounds. 

The  bushel  of  rye  meal,  fifty  pounds. 

The  bushel  of  peas,  sixty  pounds. 

The  bushel  of  potatoes,  sixty  pounds. 

The  bushel  of  apples,  forty-eight  pounds. 

The  bushel  of  carrots,  fifty  pounds. 

The  bushel  of  onions,  fifty-two  pounds. 

The  bushel  of  clover  seed,  sixty  pounds. 

The  bushel  of  herds  grass,  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  1)ushel  of  rough  rice,  foii:y-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  Fthruary  8, 1895. 


30  Acts,  1895.  —  Chaps.  29,  30,  31. 


(JJiai).20.  '■^^'  -^^"^   '^^   AUTIIOKIZE    THE   MASSACIIISETTS   CIIA  KITAIILE  SOCIETY 
Tl)  FIX  THE  TIMES  AND  I'LACES  lUK  ITS  MEETINGS. 

Be  it  enacted,  etc.,  as  foHoivs : 

malpuiceToi  So  mucli  of  tbc    .ict   iiicorporaliiig  the   ]\Iassachiisetts 

meeiingB.  Charitable  Society  as  fixes  the  times  and  the  phice  for  the 

meetings  of  said  society  is  hereby  repealed,  and  the  said 
society  is  hereliy  authorized  to  fix  by  its  by-laws  the 
times  and  ])laces  within  the  Commonwealth  at  which  its 
meetings  shall  be  hold,  and  for  said  purpose  it  may 
amend  its  by-laws  at  its  next  or  any  subsequent  quarterly 
meeting.  Approved  February  8,  1895. 

CJlOp.30.  -^^    ^^CT    TO     CHANGE     THE     NAME     OF     THE   UNITED    STATES    SAFE 

DEPOSIT   AND  TRUST   CQMrANY. 

Be  it  enacted,  etc.,  as  folloics : 
Name  changed.       Sectiox  1.     Tlio    name   of   the    United    States    Safe 
Deposit  and  Trust  Company  is  hereby  changed  to  United 
States  Trust  Company. 

Section  2.     This  act  shall  take  ellcct  u}wn  its  passage. 

Approved  Fehraary  8,  1895. 

CllOTt    31.   An  Act  MAKING  APPKOPRIATIONS  FOK   THE    PREPARATION  FOR  PUB- 
UICATION  AND  FOR  THE  PUBLICATION  OF  THE  PROVINCIAL  LAAV3. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  Secttox  1.  Tlic  suuis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  to  meet  expenses 
in  connection  with  the  preparation  for  publication  and  the 
publication  of  the  provincial  laws,  under  the  direction  of 
the  governor  and  council,  during  the  year  ending  on  the 
thirty-first  day  of  Dcceml)cr  in  the  year  eighteen  hundred 
and  ninety-five,  to  wit :  — 

pre°pira!i'iu''rud      Fo^  thc  salarlcs  of  copyists,  messenger  and  extra  help, 

publication.  2^\(S.  for  engi-aving,  lithographing,  stationery  and  postage, 
travelling  and  other  necessary  ex])enses  in  connection 
with  the  preparation  and  publication  of  the  [)r<)vincial 
laws,  a  sum  not  exceeding  sixty-four  hundred  and  forty 
dollars. 

bindin"'^^"'^  For  printing  and  Innding  such  volumes  as  may  be  com- 

pleted, a  sum  not  exceeding  sixty-five  hundred  dollars. 
Section  2,     This  act  shall  take  eliect  upon  its  i)assage. 

Approved  February  8,  1895. 


Acts,  1895.  — Chaps.  32,  33.  31 


An  Act  makixg  an  appropkiation  for  curkent  expenses  at  ni^r,^-^  ^o 

THE    MASSACHUSETTS    HOSPITAL    FOR    DH^SOJIANIACS   AND   INEBRI-  -'■ 

ATES 

Be  it  enacted^  etc.,  asfoUoivs: 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury'  of  the  Common- 
wealth from  the  ordinary  revenue,  to  pay  the  necessary 
expenses,  in  excess  of  any  receipts,  at  the  Massachusetts 
hospital  for  dipsomaniacs  and  inebriates,  at  Foxborouah, 
during  the  year  endinor  on  the  thirty-lirst  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-live,  to 
wit :  — 

For  the  payment  of  current  expenses  at  the  Massachu-  Hospital  for 
setts    hospital   for   dipsomaniacs  and  inebriates,  at  Fox-  and^iuebrluies, 
borough,  a  sum  not  exceeding  twenty  thousand  dollars. 

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

Approved  February  8,  1895. 


An  Act  making  appropkiations  for  the  Massachusetts  nauti- 
cal TRAINING  SCHOOL. 


Chap. 33. 


Be  it  enacted,  etc.,  asfoUoivs : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriation 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  expenses  of 
the  Massachusetts  nautical  training  school,  during  the  year 
ending  on  the  thirty-first  day  of  Decemljer  in  the  yeav 
eighteen  hundred  and  ninety-live,  to  wit:  — 

For  the  payment  of  current  expenses  of  the  Massachu-  Nautical  train- 
setts  nautical  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. 

For  the   necessary  expenses  of  the  board  of  commis-  Expenses. 
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  forty-five  hundred  dollars. 

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

Approved  February  8, 1893. 


32  Acts,  1895.  — CHArs.  34,  35. 


Chap.  3-i.   ^^'   -^CT  TO  AUTHORIZE   ADVAXCF.S    OX    ACCOrXT  OF  MONTHLY  SALA- 
RIES   I'AID   FROM   THE   TltEASlUV. 

Be  it  enacted^  etc.,  asfolloivs: 

^ccounfoV  Section  1.     Any  officer  or  employee  of  the  Common- 

saiaries.  wealth,  or  ot'  aiiy  of  its  departiuents,  who   receives  from 

the  treasury  a  monthly  sakuy,  may  have  advances  on  ac- 
count of  such  salary  from  time  to  time  during  the  month, 
under  such  regulations  as  may  be  prescribed  by  the  treas- 
Proviso.  urcr :  p7-ovkled,  that  no  such  advance  shall  l)e  made  to 

any  officer  or  employee  in  excess  of  the  proportion  of 
the  monthly  salary  due  him  at  the  time  of  such  advance, 
or  oftener  than  once  in  seven  days ;  and  no  advance  on 
account  of  any  salary  shall  be  made  later  than  the  twenty- 
fifth  day  of  the  month. 

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

Approved  February  S,  1S95. 


ChCin.  35.   -^^      "^<^T      TO     IXCORPOKATE      THE      PEOrLE'S     SAVIXGS     BAXK     OF 

BROCKTON. 

Be  it  enacted,  etc.,  as  folloivs: 

K'anfoT  Section  1.     ^Villiam  L.  Douglas,  Edward  B.  ^Mellen, 

Brockton  incor.  Ausfustus  T.  Joucs,  David  11.  Blauchaixl,  oSIyron  F. 
Thomas,  Hiram  A.  Monk,  Charles  F.  Porter,  Lon  Wes- 
ton, Preston  B.  Keith,  AVarren  Goddard,  William  H. 
Savage,  William  Kankin,  ,Iohn  S.  Kent,  J.  Tisdale 
Southworth,  Loved  E.  Chamberlain,  Warren  A.  Peed, 
Emery  I\I.  Low,  Frank  E.  White,  Ellis  Brett,  AVilliam 
Papp,  Samuel  J.  Gruver,  Hervey  Dunham,  Fred  P. 
Pichmond,  Fred  P.  French,  Wallace  C.  Keith,  Charles  F. 
Dahllierg,  Elnathan  T.  Sampson,  Charles  A.  Eaton, 
William  E.  Whitman,  Fred  Packard,  Henry  C.  (Turney, 
Francis  E.  Howard,  Sanford  Winter,  Fred  F.  Field,  Her- 
bert S.  Fuller,  William  O.  Faxon,  Ellery  C.  Gaboon, 
Herbert  L.  Kingman,  Lucius  F.  Alden,  Daniel  W.  Field, 
Lemuel  AV.  Standish,  Fred  H.  Packard,  Francis  B.  Gard- 
ner, Oliver  A.  ]Miller,  tlicir  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  People's 
Savings  Bank  of  Brockton ;  with  authority  to  establish 
and  maintain  a  savings  bank  in  the  city  of  Brockton,  with 
all  tlie  powers  and  privileges  and  subject  to  all  the  duties, 
liabilities  and  restrictions  set  forth  in   all  general  laws 


Acts,  1895.  — Chaps.  36,  37.  33 

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. 

Apjoroved  February  8,  1895. 


An  Act  to  AUxnorazE  the  city'of  bkockton  to  incur  indebted- 
ness  BEYOND    the    limit    FIXED    BY    LAW    FOR  SEWERAGE   PUR- 


Chap,  36. 


Be  it  enacted,  etc.,  as  folloivs : 

Sectiox  1.  In  addition  to  the  sums  already  author-  Brockton  scw.^ 
ized  the  city  of  Brockton,  for  the  purposes  named  in '^'^"^'^  oan,  6  o. 
chapter  two  hundred  and  forty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two,  may  incur  indebt- 
edness to  an  amount  not  exceeding  two  hundred  and  fifty 
thousand  dollars  outside  its  debt  limit,  and  may  from 
time  to  time  issue  bonds,  notes  or  scrip  to  said  amount, 
denominated  on  their  face,  Brockton  Sewerage  Loan,  1895, 
signed  by  its  mayor  and  city  treasurer,  and  bearing  such 
rate  of  interest,  not  exceeding  four  per  cent,  per  annum, 
as  the  city  council  may  determine.  Said  city  shall  pro- 
vide for  the  payment  of  said  indebtedness  by  fixed  annual 
proportionate  payments,  the  first  of  said  payments  to  be 
made  not  later  than  five  years  from  the  date  of  incurring 
such  indebtedness,  and  the  aggregate  amount  of  such 
annual  payments  shall  be  such  as  to  extinguish  the  debt 
at  maturity.  The  sinking  fund  of  any  loan  of  the  city 
may  be  invested  therein. 

Sectiox  2.     The  provisions  of  chapter  twenty-nine  of  J^-^--,^'^''^-' 
the  Public  Statutes  and  acts  in  amendment  thereof  or  in 
addition    thereto,   except   as    otherwise  herein  provided, 
shall  apply  to  the  indebtedness  authorized  by  this  act  and 
the  securities  issued  hereunder. 

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

Approved  February  8,  1895. 

An  Act  to  authorize  the  city  of  fall  rh'er  to  issue  bonds  f^JjfjY)  S7 
TO  redeem  certain  bonds  held  in  its  sinking  funds.  -^  ' 

Be  it  enacted,  etc.,  as  JoUoivs: 

Section  1.     The  city  of  Fall  River,  for  the  purpose  cuy  of  Fan 
of  redeeming  the  following  described  bonds  held  in  its  bonds^tc/**"^ 
sinking  funds,  viz.  : — Funding  loan  of  forty-two  thousand 
dollars  at  five  per  cent.,  due  on  the  first  day  of  May  in 
the  year  eighteen  hundred  and  ninety-eight.     Water  loan 
of  five  thousand  dollars  at  six  per  cent.,  due  on  the  first 


34  Acts,  1893.  — Chap.  3S. 

KivIr°nS'Lsac  ^^^"^3^  ^^  AuiTust  ill  thc  year  eighteen  Imndred  and  ninety- 
bonda,  etc.  nine.  AVater  loan  of  twenty  thousand  dollars  at  four  per 
cent.,  due  on  the  tirst  day  of  Autrust  in  the  year  nineteen 
hundred.  AVatcr  loan  of  twenty-seven  thousand  dollars 
at  five  per  cent.,  due  on  the  first  day  of  May  in  the  year 
nineteen  Imndred  and  eiirht.  Water  loan  of  twenty  thou- 
sand dollars  at  five  per  cent.,  due  on  the  first  day  of 
February  in  the  year  nineteen  hundred  and  nine.  \\'ater 
loan  of  eleven  thousand  dollars  at  five  per  cent.,  due  on 
the  first  day  of  May  in  the  year  nineteen  hundred  and 
nine  ;  may  issue  from  time  to  time  as  herein  set  forth, 
bonds  to  the  amount  of  one  hundred  and  twenty-five 
thousand  dollars.  Said  bonds  shall  be  for  the  same  pur- 
poses, bearing  the  same  rate  of  interest,  and  maturing  at 
the  same  times,  as  those  which  they  shall  l)c  issued  to 
replace.  The  proceeds  of  the  sale  of  the  bonds  issued 
by  virtue  of  this  act  shall  be  a})plied  b}^  the  treasurer  of 
said  city  for  the  redemption  of  the  bonds  above  specifi- 
cally descri])cd,  and  purchasers  thereof  shall  not  be  re- 
sponsible for  the  application  of  such  proceeds. 
p.  8. 29 to  Section  2.     The  provisions  of  chapter  twentv-nine  of 

apply.  ^  It 

the  Public  Statutes  rehiting  to  sinking  funds  shall  apply 
to  the  bonds  authorized  hy  this  act. 

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

Approved  February  5,  1895. 

ChClT).  38.  -^  ^^^'^  MAKING  APrUOriUATIOXS  FOR  IXCIDEXTAL  AXD  CONTIXGKNT 
EXPENSES  OF  TUE  LEGISLATIVE  AXD  EXECUTIVE  DEPARTMENTS 
OP  THE  COMMOXMEALTII. 

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  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-five,  to  wit :  — 

LEGISLATIVE    DEPART3IENT. 

^.^^"'^•,^  For  stationery  for  the  senate,  purchased   bv  the  clerk, 

etaiioncry.  .^  .  i        i     i    1 1  " 

a  sum  not  exceeding  nine  hundred  dollars. 
House  of  repre-       Yf^y  statioucrv  for  the  house  of  representatives,   i)ur- 

eentntives,  11111*^1  1  •  i  i  i 

stationery.         chascd  by  thc  clcrlv,  a  sum  not  exceeding  three  thousand 
dollars. 


Acts,  1895.  — Chap.  38.  35 

For   books,    stationery,  postage,  printing   and   adver-  sergeantat- 
tising,  ordered    by  the    sergeant-at-arms,  a  sum  not  ex-  eo",'';tc?"""" 
ceeding  twelve  hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  sero-eant-  inckimtni 

T    ^       1  1  1        1     T     11  ^  expeusL-8. 

at-arms,  a  sum  not  exceeding  three  hundred  dollars. 

EXECUTIVE     DEPARTMEXT. 

For  the  contingent  expenses  of  the  executive  depart-  t^secnth-e 

/•I  1  1      1     II  cli'partnieQt, 

meat,  the  sum  or  three  thousand  doUars.  cxpeuses. 

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

For  travelling  and  contingent  expenses  of  the  governor  Governor  aud 
and  council,  a   sum    not   exceeding   twenty-live  hundred  ''"""'^' ' 
dollars. 

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

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

For  incidental  and   contingent  expenses  in  the  depart-  ^.cehergec"fai. 
ment  of  the   treasurer    and   receiver  general,  a  sum   not 
exceeding  thirty-five  hundred  dollars. 

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

For   books,    stationery,    postage,   printing   and    other  Attorney- 
necessary  expenses    in   the    department   of  the  attorney-  ^^^^^^' 
general,  a  sum  not   exceeding  twenty-nine  hundred  dol- 
lars ;  and    for    expenses    of     civil   actions,    a    sum    not 
exceeding  eight  hundred  dollars. 

MISCELLANEOUS . 

For  repairs,  improvements,  furniture  and  other  neces-  Commonwealth 

J       1         /^  1    1      1      •!  T  J    I'liil'lins.  re- 

sary  expenses  at  the  Commonwealth  building,  a  sum  not  pairs,  etc. 
exceeding  five  thousand  dollars. 

For  rent  of  rooms   formerly  used  by  the  civil   service  Rent  of  roomB, 
commission,   to  Feljruary  twenty-eighth   of    the  present 
year,  two  hundred   and  forty-one  dollars  and  sixty-seven 
cents. 

For  rent  of  rooms  for  the  use  of  the  bureau  of  statistics  Pj^j^^^jJ.  °^j 
of  labor,  and  for  services  of  a  janitor,  a  sum  not  exceed-  labor, 
ing  three  thousand  dollars. 

For  rent  of  additional  rooms  for  the  use  of  the  luireau  Rent  of  addi- 
of  statistics  of  labor,  for  such  period  of  time  as  may  be  fordecenuiai 

census. 


30 


Acts,  1895.  — Chap.  39. 


Rent  of  rooms 
for  etoragti. 

Highway  com- 
mission. 


State  house 
elevators. 


Chap.  39. 


State  House 
Loans  Sinking 
Fund. 


To  be  aseecsel 
as  part  of  stale 
tas. 


required  for  the  purposes  of  the  decennial  census,  a  sum 
not  exccedino-  twenty-tive  hundred  dollars,  this  amount 
beins:  for  rent  for  the  present  year. 

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

For  rent  of  rooms  for  the  use  of  the  state  highway  com- 
mission, a  sum  not  exceeding  tifteen  hundred  dollars,  which 
amount  is  payable  from  the  state  highwa}'  loan  fund. 

For  the  compensation  of  the  men  emi)loyed  to  run  the 
elevators  at  the  state  house,  and  for  all  other  necessary 
expenses  in  connection  therewith,  the  same  to  include  all 
necessary  repairs  to  said  elevators,  a  sum  not  exceeding 
three  thousand  dollars. 

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

Approved  February  12,  1S95. 

Ax  Act  rel.\tite  to  the  state  house  loans  sinking  funds. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  and  receiver  general  is 
hereby  authorized  to  consolidate  the  sinking  funds  estal)- 
lished  for  the  payment  of  the  state  house  construction 
loan,  issued  under  the  provisions  of  cha})tcr  three  hundred 
and  ninety-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  and  for  the  payment  of  the  several  loans 
known  as  state  house,  nineteen  hundred  and  one,  author- 
ized by  chapter  three  hundred  and  forty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-eight,  chapter  three 
hundred  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  chapter  four  hundred  and  thirty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-two,  chapters 
one  hundred  and  twenty-nine  and  three  hundred  and 
twenty-five  of  the  acts  of  the  year  eighteen  bundled  and 
ninet\-three  and  chapter  live  hundred  and  thirty-two  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four, 
into  one  sinking  fund,  to  be  known  as  the  State  House 
Loans  Sinking  Fund.  He  shall  apportion  to  said  fund, 
from  year  to  year,  an  amount  which  together  with  the 
accumulations  will  l)e  sufficient  to  pay  all  of  said  loans  as 
they  become  due,  and  the  amount  necessary  each  year,  as 
determined  by  the  treasurer,  to  meet  the  interest  and  sink- 
ing fund  requirements  shall  l)e  included  in  and  assessed  as 
a  part  of  the  state  tax. 

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

Approved  February  12^  1895. 


Acts,  1895.  — Chaps.  40,  41.  37 


An  Act  making  appropriations  for  the  salaries  and  expenses  QJinr)  ±0 

OF  THE  GENERAL  SUPERINTENDENT  OF  PRISONS. 

Be  it  enacted^  etc.,  asfolloius: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropnations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  in  the  oifice  of  the  general  superin- 
tendent of  prisons,  for  the  year  ending  on  the  thirty-lirst 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 
five,  to  wit :  — 

For  the  salary  of  the  s:eneral  superintendent  of  prisons.  General  super- 
thu'ty-hve  hundred  dollars.  prisons,  salary. 

For  clerical  assistance  to  the  general  superintendent  of  oierici.i 

~  1     1    11  assistance. 

prisons,  a  sum  not  exceeding  one  thousand  dollars. 

For  travellino;  expenses  of  the  general  superintendent  Travelling 
of  ]n'isons,  a  sum  not  exceeding  live  hundred  dollars. 

For  incidental  and  contingent  expenses  of  the  general  ^^pe'liTJl'.^ 
superintendent    of   prisons,    a   sum   not   exceeding    one 
thousand  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
'  Approved  February  12,  1S93. 

An  Act    making   appropriations  for    sundry  educational    (JJicn).  41. 

EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  except  as  herein 
provided,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  da}'-  of  December  in  the  year  eighteen  hundred 
and  ninety-five,  to  wit :  — 

For  the  support  of  state  normal  schools,  including  state  normal 
accountants  and  certain  other  expenses  of  the  boarding  ^'^  °°  ^' 
houses  at  Bridgewater,  Framingham  and  Westtield,  a  sum 
not  exceeding  one  hundred  and  nineteen  thousand  and 
sixty-eight  dollars,  to  be  paid  out  of  the  moiety  of  the 
income  of  the  Massachusetts  school  fund  applicable  to 
educational  purposes,  the  excess,  if  any,  from  the  treas- 
ury of  the  Commonwealth. 

For  the  support  of  the  state  normal  art  school,  a  sum  not  state  normal 
exceeding  eighteen  thousand  seven  hundred  and  ninety  dol-  ^'^  *° 
lars,  to  be  paid  out  of  the  moiety  of  the  income  of  the  Massa- 


38 


Acts,  1893.  —  Chap.  41. 


Teachers' 

iU8tilUtC8. 


Massachusetts 

teachers' 

associatioD. 


Board  of  echica- 
tion,  agents. 


Incidental 
expenses. 


County 

teachers' 

associations. 


Dukes  County 

educational 

association. 

Aid  to  pupils  in 
normal  schools. 


School  superip- 
tendents  in 
small  towns. 


Board  of  educa. 
tion,  members. 


Education  of 
deaf  pupils. 


Free  public 
libraries. 


State  library. 


ebusctts  school  fund  applicable  to  educational  purposes,  the 
excess,  if  any,  from  the  treasury  of  tlie  Common  wealth. 

For  expenses  of  teachers'  institutes,  a  sum  not  exceed- 
ing two  thousand  dollars,  to  be  paid  out  of  the  moiety  of 
the  income  of  the  Massachusetts  school  fund  a])plicable  to 
educational  purposes. 

For  the  ]\lassachusetts  teachers'  association,  the  sum  of 
three  hundred  dollars,  to  be  paid  out  of  the  moiety  of  the 
income  of  the  Massachusetts  school  fund  applicable  to 
educational  purposes,  subject  to  the  ap})roval  of  the  state 
board  of  education. 

For  salaries  and  expenses  of  agents  of  the  state  board 
of  education,  a  sum  not  exceedin<j  nineteen  thousand  eight 
hundred  and  twenty-five  dollars. 

For  incidental  and  contingent  expenses  of  the  state 
])oard  of  education  and  of  the  secretary  thereof,  a  sum 
not  exceeding  eiohteen  hundr(Kl  dollars. 

For  expenses  of  county  teachers'  associations,  a  sum 
not  exceeding  three  hundred  dollars,  to  be  paid  out  of  the 
moiety  of  the  income  of  the  Massachusetts  school  fund 
applical)le  to  educational  purposes. 

For  the  Dukes  County  educational  association,  the  sum 
of  tifty  dollars. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not 
exceeding  four  thousand  dollars,  payable  in  semi-annual 
instalments,  to  be  expended  under  the  direction  of  the 
state  board  of  education. 

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

For  travelling  and  other  necessary  expenses  of  the 
members  of  the  state  board  of  education,  a  sum  not  ex- 
ceeding one  thousand  dollars. 

For  the  education  of  deaf  ])Ui)ils  of  the  Commonwealth 
in  the  schools  designated  by  law,  a  sum  not  exceeding 
forty-two  thousand  dollars. 

To  carry  out  the  ])rovision3  of  the  act  to  promote  the 
e.stablishnicnt  and  efliciency  of  free  j)ublic  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. 


Acts,  1895.  — Chap.  42.  39 

Tlie  income  of  the  Rogers  book  fund,  of  the  Todd  nor-  income  of 
mal  school  fund,  and  of  the  two  educational  funds,  shall 
be   expended   in   accordance   with  the  provisions   of  the 
various  acts  relating  thereto. 

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

Apj)roved  February  12,  1895. 


An  Act  makixg  appropriations   for  compensation  and  mile-  f^Jjfir^   AO 

AGE    OF    OFFICERS    AND     MEN    OF    THE   VOLUNTEER    MILITIA   AND  "^  * 

FOR  OTHER  EXPENSES   OF  THE   MILITARY  DEPARTMENT. 

Be  it  enacted,  elc.^  as  folloios: 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  AppropriationB. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  nhiety-five,  to  wit :  — 

For  the  compensation  of  officers  and  men  of  the  vohin-  Mnuia, 
teer  militia,  a  sum  not  exceeding  one  hundred  and  eight  '=°'^i'"^°«'*'>°'^- 
thousand  dollars. 

For  transportation  of  officers  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  ^^''''"^'"'' 
dollars. 

For  rent   of   brigade    and  battalion  headquarters    and  Rent  of 

^  .  .  T  armories. 

company  armories,  a  sum  not  exceedmg  thirty-nine  thou- 
sand dollars. 

For    quartermasters'   supplies,    a    sum    not   exceeding  Quartermasters' 
twenty-five   thousand  dollars.  '"pp''"" 

For  incidental  and  contingent  expenses  of  the  quarter-  incidental 
master  general's  department,  a  sum  not  exceeding  five  ^'^p'"'^®''*- 
thousand   dollars. 

For  grading  and  care  of  the  camp  ground  of  the  Com-  Camp  gj-ound. 
monwealth    at    Framingham,  a   sum    not   exceeding   one 
thousand  dollars. 

For  military  accounts  in  connection  with  the  volunteer  Military 
militia,  not    otherwise  provided  for,  a  sum  not  exceeding 
four  thousand  dollars. 

For  expenses  in  connection  with  the  record  of  INIassa-  Record  of 

•1  Ky^  .-,  ,  .  1.  (iflicers,  sailors, 

cnusetts  officers,  sauors  and  marines,  a  sum  not  exceeding  etc. 
two  thousand  dollars. 


10 


Acts,  1895.  — Chap.  43. 


Care,  etc. 
armories. 


Clothing. 


of 


Rifle  practice. 


Sale  of  crass  at 
camp  grouud, 
etc. 


For  expenses  of  the  care  of  heatinir,  linhtinir  and  fur- 
nishing the  new  armories  recently  erected  in  certain  c-ities 
of  the  Commonwealth,  for  the  use  of  the  volunteer  mili- 
tia, a  sum  not  exceeding  eighteen  thousand  dollars. 

For  allowance  and  repairs  of  clothing  of  the  volunteer 
militia,  a  sum  not  exceeding  nine  thousand  dollars. 

For  expenses  in  connection  with  the  ritle  practice  of  the 
volunteer  militia,  a  sum  not  exceeding  fifteen  thousand 
dollars. 

Any  sums  of  money  received  under  the  provisions  of 
section  eighty-seven  of  chapter  three  hundred  and  sixty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three,  and  from  the  sale  of  grass  at  the  state  camp 
ground  during  the  year  eighteen  hundred  and  ninety-five, 
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. 

Medical  YoY  mcdical  supplies  for  the  use  of  the  volunteer  mili- 

suppliCB,  etc.  .  1      ,•  •        •  1  1  1  •  /•   j^i 

tia,  and  tor  incidental  and  contingent  ex])enses  oi  the 
surgeon  general,  a  sum  not  exceedmg  two  thousand  dol- 
lars. 

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

Approved  February  12,  1805. 

ChClV    43     ^^    "^^^  MAKING     AFPROPIUATIONS     FOR     SALARIES     AND   EXPENSES 
AT  THE  STATE    PRIMARY   SCHOOL   AT   MONSON. 

Be  it  enacted^  etc.,  as  folloios: 
Appropriations.  SECTION  1.  Tlic  sums  hereinafter  mentioned  are 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  ex]ienses  at  the  state  primary  school  at 
Monson  during  the  yaav  ending  on  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-five, 
to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the 
state  primary  school  at  ]Monson,  a  sum  not  exceeding 
thirteen  thousand  dollars  ;  and  for  other  current  exjienses 
at  said  institution,  a  sum  not  exceeding  seventeen  thou- 
sand five  hundred  dollars. 

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

Approved  February  12,  1S95. 


State  primary 
school. 


Acts,  1895.  — Chaps.  4-i,  45.  41 


An  Act  makc^g  an   appropriation  for  the  care  and  super-  n},fftn    \\ 

VISION   OF   THE   PROVINCE   LANDS   AT   PROVINCETOVVN.  ^ 

Be  it  enacted,  etc. ,  as  follows  : 

Sectiox  1.     The  sum  of  thirty-five  hundred  dollars  is  care  of  province 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  pr°o''vincetown. 
the  Commonwealth   from   the   ordinary  revenue,  for  the 
care  and  supervision  of  the  province  lands  in  the  town  of 
Provincetown,  to  be  expended  under  the  direction  of  the 
harbor  and  land  commissioners. 

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

Approved  February  12,  1895. 


Chap,  45. 


An    Act    to    authorize     the     extension    of     the    Arnold 

arboretum. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If  the    board  of   pai'k   commissioners  of  May  take  land 

,.  .  „    ^,  -  -J      1       •       1  ]  1  •  for  extension 

tlie  city  ot  lioston  deem  it  desirable  to  take  at  any  time,  of  the  Arnold 
or  from  time  to  time,  the  whole  or  any  part  of  that  tract  "^  °''®"'^'"- 
of  land  in  that  i)art  of  the  city  of  Boston  known  as  West 
Roxbury,  held  by  the  President  and  Fellows  of  Harvard 
College  under  the  trusts  created  by  the  will  of  Benjamin 
Bussey,  for  the  purpose  of  extending  the  Arnold  Arbore- 
tum, so-called,  and  for  the  purposes  and  under  the  powers 
and  limitations  set  forth  in  chajjter  one  hundred  and 
eiglit>^-five  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-five  and  acts  in  addition  thereto  and  amendment 
thereof,  said  board  of  park  commissioners,  acting  for  said 
city  of  Boston,  is  hereby  authorized  to  lease  such  portion 
of  said  tracts  of  land  so  taken  as  the  said  board  of  park 
commissioners  may  deem  not  necessary  for  the  use  as 
parkways  and  grounds  to  the  President  and  Fellows  of 
Harvard  College,  to  be  held  by  them  to  the  same  uses 
and  purposes  as  the  arlioretum  is  now  held  under  the 
trusts  created  by  the  wills  of  Benjamin  Bussey  and  of 
James  Arnold,  and  for  such  a  term  and  upon  such  mutual 
restrictions,  reservations,  covenants  and  conditions  as  to 
the  use  thereof  by  the  public  in  connection  with  the  uses 
of  the  same  under  said  trusts,  and  as  to  the  rights, 
duties  and  obligations  of  the  contracting  parties,  as  may 
be  agreed  upon  between  said  park  commissioners  with 
the  approval  of  the  mayor  and  said  president  and  fellows. 
The  board  of  park  commissioners  on  the  part  of  the  citv  ^ray  execute 

*■  i  »/    and  deliver 

lease. 


42  Acts,  1895.  —  Chaps.  46,  47,  48. 

of  Boston,  and  the  treasurer  on  behalf  of  the  President 
and  Fellows  of  Harvard  College,  are  hereby  authorized  to 
execute  and  deliver  any  lease  as  aforesaid. 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  February  12,  1895. 

(JJiap.  46.   ^^^  -^CT  RELATIVE  TO  THE  KEGISTRATIOX  OF  AGENTS   OF  DOMESTIC 

IKSUKANCE  COMPAXIES. 

Be  it  enacted,  etc.,  as  folloios: 

S"te^med"w!ih*  Sectiox  1.  Every  corporation  heretofore  or  hereafter 
inmirance  com-  chartered  undcr  the  laws  of  this  Commonwealth  to  trans- 
act  the  busmess  ot  insurance  or  any  kind  shall  hie  with 
the  insurance  commissioner  the  name  and  residence  of 
each  person  it  appoints  or  emplovs  to  act  as  its  agent ; 
and  whoever  shall  assume  to  act  as  such  agent,  or  shall  in 
an}""  manner  for  compensation  aid  in  negotiating  contracts 
of  insurance  on  behalf  of  such  corporation  for  a  person 
other  than  himself,  prior  to  the  filing  of  such  notice  of  ajv 
pointment,  shall  be  guilty  of  a  misdemeanor,  and  ujion  con- 
viction thereof  shall  be  subject  to  the  i)enallies  of  section 
one  hundred  and  ten  of  chapter  five  hundred  and  twenty- 
two  of  the  acts  of  the  year  eia'hteen  hundred  and  ninetv-four. 
juiyt'is^'.''  Section  2.  This  act  shall  take  eftect  on  the  first  day 
of  July  in  the   year  eighteen   hundred  and  ninety-five. 

Approved  February  12,  1S95. 

QJkXJ).  47.   -^^   -^^^   ^*-*    EXTEND    THE   LIMIT   OF    IXDEBTEDXESS    OF    THE  CITY  OF 

NEWTOX. 

Be  it  enacted,  etc.,  as  folloios: 

fSciiukHMn  Section  1.     In  determining  the  limit  of  indcl)tedness 

debt  limit.         of  the  city  of  Newton,  debts  which  have  been  incurred  or 

which  may  hereafter  be  incurred  for  the  construction  of 

main  drains  and  common  sewers  to  the  amount  of  one 

million  dollars  shall  not  be  included. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  February  12,  1895. 

Chap.  48.  ^^  ^^'^  MAKIXG  AN  ArrilOriUATIOX  FOU  EXPEXSES  IX  COXXECTIOX 
WITH  THE  EXTEinilXATIOX  OF  CONTAGIOUS  DISEASES  AMONG 
IIOKSES,  CATTLE  AXD  OTHER   ANIMALS. 

Be  it  enacted,  etc.,  asfolloivs: 

d,°ca'JlT„ong       Section  1.     The    sum    of   fifty    thousand    dollars   is 
animaiB.  hcreljy  appropriated,  to  l^e  paid  out   of  the  treasury  of 


Acts,  1895.  — Chaps.  49,  50.  43 

the  Commonwealth  from  the  ortlinaiy  revenue,  for  the 
purpose  of  meeting  expenses  in  connection  with  the  ex- 
termination of  contagious  diseases  among  horses,  cattle 
and  other  animals  during  the  year  ending  on  the  thirty- 
first  day  of  December  in  the  year  eighteen  hundred  and 
ninety-five. 

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

Approved  February  14,  1895. 


Chap.  49. 


An  Act  making  an  appropriation  for  expenses  in  con'nection 
avitii  taking  the  decennial  census. 

Beit  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  one  hundred  and  twenty-five  Decennial 

censuf, 
expenses. 


thousand  dollars  is  herel>y  appropriated,  to  be  paid  out  '^®"'*"'' 
of  the  treasury  of  the  Commonwealth  from  the  ordinary 
revenue,  for  the  payment  of  expenses  in  connection  with 
taking  the  decennial  census,  as  provided  for  by  chapter 
two  hundred  and  twenty-four  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four,  the  same  to  be  in  addi- 
tion to  the  twenty-five  thousand  dollars  appropriated  by 
ciiapter  three  hundred  and  forty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninetj'-four. 

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

Approved  February  15, 1895. 


An  Act  mamng  appropriations  for  the  maintenance  of  the 
government  for  the  present  year. 


ChajJ.  50. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  Appropriations. 
appro})riated,  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  thirtj'-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-five,  to  wit :  — 

EXECUTIVE    DEPARTMENT. 

For  the  compensation  of  the  lieutenant  governor,  two  Lieutenant 
thousand  dollars  ;  and  for  the  executive  council,  sixty-four  founctTcom- 
hundred  dollars.     For  travelling  expenses  of  the  executive  pe°8ation,  etc. 
council,  a  sum  not  exceeding  fifteen  hundred  dollars. 

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


44 


Acts,  1895.  —  Chap.  50. 


Executive  clerk. 

Stenographer. 

Messenger. 

Secretary. 
First  clerk. 
Second  cierk. 
TIjird  clerk. 
Cashier. 


Messenger 
and  additional 
clerical  assist- 
ance. 


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

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

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

secretaky's   departmext. 

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

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

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

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

For  tlie  salary  of  the  cashier  in  the  secretary's  depart- 
ment, a  sum  not  exceeding  fifteen  hundred  doUars. 

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


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


Clerical 
assisiaucc. 


Deputy  sealer 
of  weights, 
measures,  etc. 


TREASURER   AND    RECEIVER    GEXERAL's    DEPARTIMEXT. 

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

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

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

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

For  the  salai-y  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  treasure r"s 
de])artmcnt,  fourteen  hundred  dollars. 

For  the  salary  of  the  ])aying  teller  in  the  treasurer's 
department,  fourteen  hundred  dollars. 

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

For  the  salary  of  the  deputy  sealer  of  weights,  measures 
and  balances,  twelve  hundred  dollars. 


Acts,  1895.  — Chap.  50.  45 

For  clerical  assistance  in  the  office  of  the  treasurer  and  foiiection  of 

taxt'8  on  col- 
receiver  oeneral,  in  connection  with  the  assessment  and  lateral kgacies, 

~  '  •  •  etc 

collection  of  taxes  on  collateral  legacies  and  successions, 
a  sum  not  exceeding  one  thousand  dollars. 

For  clerical  assistance  in  the  office  of  the  treasurer  and  ?"'*°f5-  of 
receiver  general,  in  the  care  and  custody  of  deposits  made 
with  him  in  trust,  a  sum  not  exceeding  eighteen  hundred 
dollars. 

auditor's  departmext. 

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

For  the  salary  of  the  first  clerk  in  the  auditor's  depart-  Fi''^'  <=ierk. 
ment,  twenty-two  hundred  dollars. 

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

For  the  salaries  of  the  extra  clerks  in  the  auditor's  de-  Extra  clerks. 
partment,  forty-five  hundred  dollars. 

For  a  messenger,  and  such  additional  clerical  assistance  Mpesenger  and 
as  the  auditor  may  find  necessary  for  the  proper  despatch  cai  assistance. ' 
of  pul)lic  business,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars. 

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

attorney-general's    DEPARTMENT. 

For  the  salary  of  the  attorney-general,  five  thousand  ^Jy°j;!^f^" 
dollars. 

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

For  the  salary  of  the  second  assistant  attorney-general,  fgg''°[!f„t_ 
fifteen  hundred  dollars. 

STATE    HOUSE,    ETC. 

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

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

For  the  salary  of  the  sergeant-at-arms'  messenger,  who  sergeant  at- 
is   detailed    and   performs    service   as   messenger   to  the  eeuger. 
treasurer  and  receiver  general,  sixteen  hundred  dollars. 

For  the  salaries  of  the  two  additional   messengers  to  Additional 


the  sergeant-at-arms,  known  as  sergeant-at-arms'  messen 
gers,  eleven  hundred  dollars  each. 


messengers. 


46 


Acts,  1895.  — Chap.  50. 


Firemen  and 
jauitor. 


Assistant 
fireman. 


Tax 
commissioner. 


First  clerk. 


Second  clcrlj. 


Clerical 
assistance. 


Commispioners 
of  savinirs 
banks,  chair- 
man. 
Associate 
commissioners. 

First  clerk. 


Second  clerk. 

Insurance 
commissioner. 

Deputy. 
First  clerk. 
Second  clerk. 
Third  clerk. 


Additional 
clerks,  etc. 


Inspector  of 
gas  meters. 

Assistant 
inspector. 

CoramisBionera 
of  prisons, 
secretary. 


For  the  salaries  of  the  firemen  at  the  state  house,  and 
fireman  and  janitor  at  the  Commonwealth  ))uilding,  nine 
hundred  doUars  each. 

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

COMMISSIONERS    AND    OTHERS. 

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

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

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

For  such  additional  clerical  assistance  as  the  tax  com- 
missioner may  find  necessary  for  the  despatch  of  public 
])usiness,  a  sum  not  exceeding  sixteen  thousand  dollars. 

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

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

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

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

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

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

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

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

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

For  such  additional  clerks  and  assistants  as  the 
insurance  commissioner  may  find  necessary  for  the 
despatch  of  pu1)lic  business,  a  sum  not  exceeding  sixteen 
thousand  five  hundred  dollars. 

For  the  salary  of  the  inspector  of  gas  meters,  two 
thousand  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. 


Acts,  1895.  — Chap.  50.  47 

For  clerical  assistance  in  the  office  of  the  commissioners  ciencai 
of   prisons,   a    sum    not   exceeding   twenty-five   hundred  '*^*'^'^°<=«- 
dollars. 

For  the  salary  of  the  agent  for  aiding  discharged  female  .a  gent  for  aiding 
prisoners,  a  sum  not  exceeding  seven  hundred  and  m'il'e'prfrcfners. 
seventy-five  dollars. 

For  the  salaries  of  the  agents  of  the  commissioners  of  commissioners 

C  of  prisons, 

prisons,  tvrenty-tour  hundred  dollars.  agems. 

For  the  salaries  of  the  railroad  commissioners,  eleven  Railroad 

thousand  dollars.  commissioners. 

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

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

For  the  salaries  of  the  railroad  inspectors,  provided  for  Railroad 
by  chapter  five  hundred  and  thirty-five  of  the  acts  of  the  ^"''P''°^°'*- 
year  eighteen  hundred  and  ninety-four,  forty-five  hundred 
dollars. 

For  the  salary  of  the  assa^'cr  and  inspector  of  liquors,  Assayerand 
twelve  hundred  dollars.  liqiorir  ° 

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

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

For  the    salary  of  the    second   clerk  of  the    bureau  of  second  cierij. 
statistics  of  labor,  fifteen  hundred  dollars. 

For   such   additional   clerical   assistance  and  for  such  Additional 

PI,  i-  •      •  i'   1    1  1        clerical 

expenses  ot  the    bureau  oi  statistics  ot  labor  as   may  be  assistance, etc. 
necessary,  a  sum  not  exceeding  five  thousand  dollars. 

For  expenses  in  connection  with  the  annual  collection  statistics  of 

/.,,..'  rt  (•      i  j_  T  •     1  mauufactures. 

ot  statistics  01  manuiactures,  a  sum  not  exceeding  sixty- 
five  hundred  dollars. 

For    the    salary   of   the    commissioner  of   state    aid,  of^S^^ald"'^'^ 
appointed  by  the  governor  and  council,  twenty-five  hun- 
dred dollars. 

For  clerical  assistance,  salaries  and  expenses  of  agents,  cuncai 

1,1  />   J 1  •       •  !>,,•!  assistance,  etc. 

and  otber  expenses  ot  the  commissioners  ot  state  aid,  a 
sum  not  exceeding  eight  thousand  two  hundred  and  sixty 
dollars. 

For  the  salaries  of  the  harbor  and  land  commissioners,  Harbor  and 
sixty-four  hundred  dollars.  btouers."™^*' 

For   com[)ensation   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. 


48 


Acts,  1895.  — Chap.  50. 


Ci\il  service 
coiurai8sioii,etc. 


Gas  and  electric 
light  coraniis- 
elouers,  etc. 


Controller 
of  county 
accounts,  etc. 


Board  of 
arbitration  and 
conciliation,  etc. 


Commissioner 

of  foreign 

mortgage 

corporations. 

Highway 

coiumisBion. 


Ptato  pension 
agent. 

State  fire 
marshal,  etc. 


State  board 
of  health, 
secretary. 

Commissioner 
of  public 
records,  etc. 


Commissioner 
to  edit  pro- 
vincial laws. 

Medfteld  Insane 
asylum,  build- 
ing comiuittee. 


For  the  salary  of  the  chief  examiner  of  the  civil  service 
commission,  thi-ee  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- 
sioners, eight  thousand  dollars  ;  and  for  the  compensation 
and  expenses  of  the  clerk  and  for  clerical  assistance  of 
said  commissioners,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars. 

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

For  the  salaries  of  the  members  of  the  state  board  of 
arbitration  and  conciliation,  six  thousand  dollars;  and  for 
the  salary  of  the  clerk  of  said  board,  twelve  hundred 
dollars. 

For  the  compensation  of  the  commissioner  of  foreign 
mortgage  cor[)orations,  three  thousand  dollars. 

For  the  salaries  of  the  INIassachusetts  higliway  commis- 
sion, six  thousand  dollars,  which  sum  is  payable  from  the 
state  highway  loan  fund. 

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

For  the  salary  of  the  state  fire  marshal,  foi-ty-five  hun- 
dred dollars ;  and  for  the  salarj^  of  the  dei)uty  fire  mar- 
shal, twenty-tive  hundred  dollars. 

For  the  salar}'  of  the  seci'etary  of  the  state  board  of 
health,  three  thousand  dollars. 

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

For  the  salary  of  the  commissioner  a})pointed  to  edit 
the  provincial  laws,  two  thousand  dollars. 

For  the  compensation  of  the  building  committee  of  the 
Medtield  insane  asylum,  sixty-five  hundred  dollars. 


Board  of 

agriculture, 

secretary. 

Clerks. 


AGRICULTURAL   DEPARTltfEXT. 


For  the  salary  of  the  secretary  of  the  state  board  of 
agriculture,  twenty-five  hundred  dollars. 

For  the  salary  of  the  first  clerk  of  the  secretary  of  the 
state  board  of  agriculture,  sixteen  hundred  dollars;  and 


Acts,  1895. —  Chap.  50.  49 

for  the  salary  of  the  second  clerk  of  said  secretary, 
twelve  hundred  dollars. 

For  other  clerical  assistance  in  the  office  of  the  secre-  Clerical 
tary  of  the  state  board  of  agriculture,  and  for  lectures '"''''''°'^' ^''• 
before  the  board  at  its  annual  and  other  meetings,  a  sum 
not  exceeding  eight  hundred  dollars. 

For  the  salary  of  the  executive  officer  of  the  state  dair^^  state  dairy 
bureau,  five  hundred  dollars.  ^   ^"'«'*"- 

For  the  salary  of  an  assistant  to  the  secretary  of  the  Assistant  to 
state  board  of  agriculture,  to  assist  in  the   work  of  the  *^"''^'*''^'- 
state  dairy  bureau,  twelve  hundred  dollars. 

EDUCATIONAL     DEPARTMENT. 

For  the   salarv  and  expenses   of  the   secretarv   of  the  Board  of  educa- 
state  board  of  education,  forty-five  hundred  dollars,  to  be  "°°'  ^-^^^^--J- 
paid  out  of  the  moiety  of  the  income   of  the  Massachu- 
setts school  fund  applicable  to  educational  purposes. 

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

For  the  purchase   of  Ijooks  for  the  state  library,  five  Books  for 
thousand  dollars.  '  "*'^^' 

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

For   preparing  an  index  to  current   events,  and  such  ^"'^^^ '°  •^""'^'^^ 

110  _  '  events. 

other  matters  as  may  be  deemed  important  hy  the  trustees 
and  lil)rarian,  contained  in  the  newspapers  of  the  day,  a 
sum  not  exceeding  one  thousand  dollars. 

MILITARY    DEPARTMENT. 

For  the  salarv  of  the  adjutant  general,  thirt\'-six  hun-  Adjutant 
dred  dollars.       "  ^  "  ^'■'"""'• 

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

For  the  salary  of  the  second  clerk  in  the  adjutant  gen-  second  cierk. 
eral's  department,  sixteen  hundred  dollars. 

For  the  salary  of  an  additional  clerk  in  the   adjutant  ^^^^1!"°°'*' 
general's  department,  two  thousand  dollars. 

For  the  salaries  of  the  two  extra  clerks  in  the  adjutant  ^•'''"  '''®''''^- 
general's  department,  twelve  hundred  dollars  each. 

For    the    salary   of   the    messenger   in    the    adjutant  Messenger. 
general's  department,  eight  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  adjutant  clerical 

1'  ,    assistance. 

general  may  deem  necessary,  and  for  compensation  of 
employees  at  the  state  arsenal,  a  sum  not  exceeding  six 
thousand  dollars. 


50  Acts,  1895.  — Chaps.  51,  52. 

genfruL  -^^^  t^i6  salary  of  the  surgeon  general,  twelve  hundred 

dollars. 

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

Approved  February  15 j  1895. 

CTiaX).  51.  ^^  ^^^  MAKING  AN  APPUOPKIATIOX  FOU  CAHKVIXO  OIT  THE  I'KO- 
VISIONS  OF  THE  ACT  TO  PKOTECT  THE  I'UKITY  OF  INLAND  "WATERS, 
ANU  TO  KEQUIKE  CONSULTATION  AVITH  THE  STATE  BOAKD  OF 
HEALTH,  KEGAUDING  THE  ESTAL5LISHMENT  OF  SYSTEMS  OF  WATEK 
SUITLY,  DRAINAGE  AND  SEWERAGE. 

Be  it  enacted^  etc.,  as  foUoics : 

Appropriation.  SECTION  1 .  The  suui  hereinafter  mentioned  is  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  payment  of 
certain  expenses  in  connection  with  the  protection  of  the 
])urity  of  inland  waters  during  the  year  eighteen  hundred 
and  ninety-tive,  to  wit :  — 

^atirs  °^ '"''*"'^  ^^^  services  of  engineers,  chemists,  biologists  and  other 
assistants,  and  for  other  expenses  made'  necessary  and 
authorized  by  chapter  three  hundred  and  seventy-tive  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eiglrt, 
which  requires  the  state  board  of  health  to  have  the 
general  oversight  and  care  of  all  inland  waters  and  to  con- 
sult 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  ])est  practicable 
method  of  disposing  of  their  sewage  or  drainage,  a  sum 
not  exceeding  thirty  thousand  dollars. 

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

Approved  February  15,  1S95. 

Chap.  52.   ^^'    '^CT     MAKING    APPROPRIATIONS    FOR    SUNDRY    CHARITABLE    EX- 
PENSES. 

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  })urpose3 
specified,  to  meet  sundry  charitable  expenses  for  the  year 
ending  on  the  thirty-first  day  of  December  in  the  year 
eighteen  hundred  and  ninety-five,  to  wit :  — 

STATE  BOARD  OF  LUNACY  AND  CHARITY. 

Board  of  lunacy      Yov  expcnscs  of  the  statc  board  of  lunacy  and  charitv, 

and  chanty.  i  "^     ,  ,       •    ' 

including   travelling   and    other    expenses    oi    memljers, 


Acts,  1895.  — Chap.  52.  51 

necessary  legal  expenses,  and  salary  and  expenses  of  the 
clerk  and  auditor  of  said  board,  a  sum  not  exceeding 
forty-seven  hundred  and  fifty  dollars. 

For  salaries  and  expenses    in  the  department  of  the  indoor  poor. 
indoor   poor,    a   sum    not  exceeding  forty-five  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  inspector  of 
inspector  of  institutions,  a  sum  not  exceeding  ten  thou- 
sand five  hundred  dollars. 

For  travellino;   and   other   necessary  expenses  of  the  Auxiliary 

I  visitors 

auxiliary  visitors  of  the  state  board  of  lunacy  and  charity, 
a  sum  not  exceeding  fifteen  hundred  dollars. 

MISCELLANEOUS    CHARITABLE. 

For   the   transportation  of   state  paupers,  a   sum   not  J/gtatepauper". 
exceeding  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  thousand  dollars. 

The   reimbursement  of   expenses   incurred   by  certain  Maintenance  of 
towns  in  the  maintenance  of  the  insane,  as  provided  for  b°/certmn"^^" 
in  chapter  two  hundred  and  forty-three  of  the  acts  of  the  'o"""^- 
year  eighteen  hundred  and  ninety-two,  shall  be  paid  from 
the  appropriation  for  the  support  of  state  lunatic  paupers, 
and  any  unj)aid  bills  of  previous  years  may  be  paid  from 
the  appropriation  of  the  present  year. 

For  expenses  attending  the    management  of  cases  of  cases  of 

1  &  C  settlement 

settlement  and   tjastardy,  a  sum  not  exceeding  one  thou-  and  bastardy. 
sand  dollars. 

For  the  care  and  maintenance  of  indigent  and  neirlected  indigent 

.  .  ,  f?  &       ^  and  neglected 

children  and  juvenile  oflenders,  a  sum  not  exceeding  sixty  children. 
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  p^upers!^ 
towns,  for  the    present  and  previous  years,  the    same  to 
include    cases  of  wife    settlement,  a   sum   not   exceeding 
seventy  thousand  dollars. 


52 


Acts,  1895.  — Chap.  53. 


Burial  of  state 
paupers. 


Temporary  aid 


Pauper  infants. 


Dangerous 
dieeases. 


Medfield 
insane  asylum, 
trustees. 


Medical 
examiners. 


Johonnot 
annuities. 


Annuities  to 
soldiers,  etc. 


Pensions. 


For  the  burial  of  state  paupers  by  cities  and  to^vns,  for 
the  present  and  previous  years,  a  sum  not  exceeding  eight 
thousand  dollars. 

For  temporary  aid  for  state  paupers  and  shipwrecked 
seamen,  by  cities  and  towns,  for  the  present  and  i)revious 
years,  a  sum  not  exceeding  thirty  thousand  dollars. 

For  the  support  and  transportation  of  unsettled  paujier 
infants  in  this  Commonwealth,  including  infants  in  infant 
asylums,  a  sum  not  exceeding  twent3'-tive  thousand 
dollars. 

For  expenses  incurred  in  connection  with  smallpox  and 
other  diseases  dangerous  to  the  public  health,  for  the 
present  and  previous  years,  a  sum  not  exceeding  five 
thousand  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
trustees  of  the  Medfield  insane  asjdum,  to  include  ofiice 
rent,  clerk  hire  and  telephones,  a  sum  not  exceeding  three 
thousand  and  twenty-five  dollars. 

For  fees  for  medical  examiners,  a  sum  not  exceeding 
five  hundred  dollars. 

For  annuities  due  from  the  Conmion wealth,  incurred  by 
the  acceptance  of  the  liequest  of  the  late  Martha  Johon- 
not, a  sum  not  exceeding  four  hundred  dollars. 

For  annuities  to  soldiers  and  others,  as  authorized  l\v 
the  legislature,  the  fcum  of  thirty-one  hundred  and  twenty- 
eight  dollars. 

For  pensions,  the  sum  of  five  hundred  and  twenty 
dollars. 

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

Approved  February  15,  1893. 


Ch(ip,  53.  -'^N  Act  making  ArpKOPKiATioxs  von  deficiencies  in  approphia- 

TIONS  FOR  CERTAIN  EXPENSES  AUTHOKIZEU  IX  THE  VEAU  EKiHTEEN 
HUNDRED  AND  NINETY-FOUR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  payment  of 
certain  expenses  in  excess  of  ap})ropriations  therefor  in 
the  year  eighteen  hundred  and  ninety-four,  to  wit :  — 

For  ])rinting  and  binding  for  the  senate  and  house  of 
representatives,  ordered  by  the  clerks  of  the  two  branches, 
the  sum  of  fiftv  dollars  and  fortv-three  cents. 


Appropriations. 


Senate  and 
house,  printing 
and  binding. 


Acts,  1895. —  Chap.  53.  53 

For  contingent  expenses  in  the  state  library,  the  sum  state  library. 
of  forty-nine  dollars  and  sixty-two  cents. 

For  registration  books  and  blanks,  the  sum  of  seventy-  Registration 

/>iii'~ji,  books  and 

tour  dollars  and  seventy  cents.  blanks. 

For  travelling  expenses  of  members  of  the  state  board  .^"^""^  °^  t'^'^<=^- 

c      1  •  1  ••!  -iiii  1      1  •  tiou,  members. 

01  education,  the  sum  ol  eighty-eight  dollars  and  thirty- 
seven  cents. 

For  incidental  expenses  in  the  office  of  the  secretary  of  commonVeli'th^ 
the  Commonwealth,  the  sum  of  one  hundred  and  eight 
dollars  and  seventeen  cents. 

For  postage,  printing  and  stationery  on  account  of  state  state  and 
and  military  aid,  the  sum  of  one  hundred  and  fourteen  ™'"*''y'* 
dollars  and  thirty-five  cents. 

For  contingent  expenses  of  the  commissioners  on  inland  on  ui'ilnd  ""^"^^ 
fisheries  and  game,  the  sum  of  one  hundred  eighteen  dol-  fisheries  and 

,  1      •     .     *  •  j_  ®  same. 

lars  and  sixty-six  cents. 

For  contingent  expenses  of  the  state  military  and  naval  fnd'n^ai'*'^^ 
historian,  the  sum  of  one  hundred  and  seventy-four  dollars  historian. 
and  twenty-eight  cents. 

For  contingent  expenses  of  the  insurance  commissioner,  insurance 
the  sum  of  three  hundred  nineteen  dollars  and  seventy-  ''°™™'**  °°®'^* 
nine  cents. 

For  expenses  of  the  agent  for  aiding  discharged  female  Agent  for  aiding 
prisoners,  the  sum  of  four  hundred  dollars  and  thirty-one  m'aie  prffoner's. 
cents. 

For  the  payment  of  salaries  at  the  state  almshouse  at  ^0^*^/'™^" 
Tewksbury,  the  sum  of  five  hundred  fifty-one  dollars  and 
sixty-three  cents. 

For  contingent  expenses  of  the  civil  service   commis-  civii  service 

,1  /«       •       1  -t       -I     ,->  1^1         1    11  1        •         commlsBloners. 

sioners,   the  sum  oi   six  hundred  filty  dollars  and  nine 
cents. 

For   printing  general   laws,  the  sum   of  six  hundred  Prfnwng  general 
thirty-seven  dollars  and  sixty-eight  cents. 

For  expenses  of  the  railroad  commissioners,  the  sum  of  Commissioners. 
six  hundred  and  fifty-two  dollars  and  one  cent. 

For  printing  blue  book,  the  sum  of  one  thousand  ^00°^^"°^""^ 
twenty-six  dollars  and  twenty  cents. 

For  the  education  of  deaf  pupils,  the  sum  of  sixteen  Education  of 
hundred  ninety  dollars  and  fifteen  cents.  **  pupis. 

For  expenses  of  the  metropolitan  park  commissioners,  Metropolitan 
the  sum  of  sixteen  hundred  eighty-nine  dollars  and  fifty-  Bk.ner8°.™™  *" 
seven  cents. 

For  salaries  of  instructors  at  the  Massachusetts  reform-  Massachusetts 
atory,  the  sum  of  eighteen  hundred  seventy-seven  dollars  ^^  °'^'^^°'^^- 
and  forty-six  cents. 


54 


Acts,  1895.  — Chaps.  54,  55,  56. 


Purchase  of 
paper. 


Courts  of 
probate  and 
insolvency. 


t^arnin'g'schooi.  ^^^  Bxpenses  at  the  Massachusetts  nautical  training 
school,  the  sum  of  thirty-nine  hundred  four  dollars  and 
thirty-three  cents. 

For  the  purchase  of  paper  for  the  Commonwealth,  used  in 
carryino;  out  the  state  printing  contract,  the  sum  of  forty- 
three  hundred  thirty-three  dollars  and  forty-eight  cents. 

For  expenses  of  courts  of  probate  and  insolvency,  the 
sum  of  forty-seven  hundred  fifteen  dollars  and  forty-nine 
cents. 
State  prison.  YoT  the  payment  of  expenses  in  connection  with  the  in- 

dustries at  the  Massachusetts  state  prison   at  Boston,  the 
sum  of  eighty-nine  hundred  fourteen  dollars  and  five  cents. 
Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  February  15,  1895. 

Ax  Act  pkovidixg  for  additional  copies  of  part  secoxd   of 

THE   report   of  the   insurance    COMSnSSIONER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  printed  for  the  use  of  the 
insurance  commissioner,  in  addition  to  the  number  now 
provided  by  law,  one  thousand  copies  of  Part  II,  of  the 
annual  report  of  said  commissioner  relating  to  life,  cas- 
ualty and  other  insurance. 

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

Apptroved  February  15,  1895. 


Chap.  54. 


Report  of 
insurance 
conimisBioner, 
Part  II. 


Chap 


55   An  Act  for  the  protection  of  mongolian,  English  and  golden 

pheasants. 


Protection 
of  Mongolian 
pheasants,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Whoever  takes  or  kills,  or  has  in  his  possession,  except 
for  purposes  of  propagation,  any  jNIongolian,  English  or 
golden  pheasant,  at  any  time  within  five  years  from  the 
passage  of  this  act,  shall  be  punished  l)y  a  fine  of  twent}^ 
dollars  for  every  bird  so  taken,  killed  or  had  in  pos- 
session. Approved  February  15,  1895. 

Chan.  5Q.  -^^  -^^"^  '^^  authorize  the  commissioners  on  inland  fisheries 

AND  GAME   TO   PROPAGATE    BIRDS   AND   A^^MALS, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  two  hundred  and 
seventy-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  is  hereby  amended  h\  inserting  in  the  third 
line,  after  the  word  "  the  ",  the  word  :  —  propagation,  — 
so  as  to  read  as  follows  :  —  Section  7.     The  commissioners 


1886,  276,  §  7, 
amended. 


Acts,  1895.  —  Chaps.  57,  5S.  55 

of  inland  fisheries  shall  be  game  commissioners  also ;  and  etc°!'ofbird8' 
their  authority,  personally  and  by  deputy,  shall  extend  to  aud'animau. 
the  propagation,  protection  and  preservation  of  Ijirds  and 
animals  in  like  manner  as  to  fish. 

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

Ajjjjroved  February  15, 1895. 

An  Act  kelative  to  the  consolidation  of  the  Massachusetts  (JJi^p^  57, 

AGKICULTURAL     EXFEKIMENT     STATION     AVITH     THE     EXPERIMENT 
DEI'AKTMENT  of  THE  MASSACHUSETTS  AGRICULTUKAL  COLLEGE. 

Be  it  enacted^  etc.,  as  folloivs: 

Section  1.  Section  two  of  chapter  one  hundred  and  i^^l^Jf^-S -■ 
forty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  striking  out  in  the  first 
line,  the  words  "  board  of  control  of  the";  by  striking 
out  in  the  sixth  Ime,  the  words  "  and  board  " ;  by  striking 
out  in  the  same  line,  the  words  "the  trustees  of";  by 
striking  out  in  the  seventh  line,  the  word  "  said" ;  by  in- 
serting in  the  same  line,  after  the  word  "trustees",  the 
words: — of  said  college,  —  and  by  striking  out  in  the 
eleventh  and  twelfth  lines,  the  words  "the  said  board  of 
control  shall  cease  to  exist  and  ",  so  as  to  read  as  follows : 
—  Section  2.  The  said  Massachusetts  agricultural  ex-  Agricultural 
periment  station,  at  any  meeting  duly  called  for  such  stL'tfJnTuansfer 
purpose,  may,  by  a  vote  of  two  third'^s  of  the  members  of^^igbts,  leases, 
present,  authorize  the  transfer  of  all  the  rights,  leases, 
contracts  and  property,  of  every  kind  and  nature,  of  said 
station  to  the  Massachusetts  agTicultural  college  ;  and  the 
trustees  of  said  college  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  conveyance ;  and  when  such 
transfer  shall  be  made  the  said  ]\Iassachusetts  agricultural 
experiment  station  shall  be  deemed  to  be  a  part  of,  and  to 
belong  to,  the  experiment  department  of  said  college, 
under  such  name  as  said  trustees  may  designate. 

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

Approved  February  15,  1895. 

An    Act  making  appropriations  for  the   compensation   and  Z^^^^?.  58. 

EXPENSES  of  THE  COMMISSIONERS  ON  INLAND  FISHERIES  AND  GAME.  "^ 

Be  it  enacted,  etc.,  as  follows: 

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


56 


Acts,  1895.  — Chap.  59. 


Comniipfiouers 
on  inlaiiii 
fisheries  and 
game. 

Hatching. 


Propagation  and 
disnibution  of 
fish,  etc. 


Travelling 
expenses. 


Expenses  of 
steamer. 


wealth  from  the  ordinary  revenue,  for  the  eompensation 
and  expenses  of  the  commissioners  on  inhmd  fisheries  and 
game  durinir  the  year  ending  on  the  thirty-lirst  day  of 
December  in  the  year  eighteen  hundred  and  ninety-live, 
to  wit :  — 

For  the  compensation  and  expenses  of  the  commission- 
ers on  inland  fisheries  and  game,  a  sum  not  exceeding 
thirty-two  hundred  and  fifty  dollars. 

For  one  half  of  the  expenses  of  the  hatching  at  Plym- 
outh, in  the  state  of  New  Hampshire,  a  sum  not  exceed- 
ing seven  hundred  dollars. 

For  the  enforcement  of  laws,  propagation  and  distri])u- 
tion  of  salmon,  trout,  shad,  carp  and  lobsters,  for 
incidentals,  printing  and  contingent  expenses,  rent  of 
hatcheries,  payments  for  land,  running  expenses  and  main- 
tenance of  hatcheries,  a  sum  not  exceeding  fifty-two  hun- 
dred dollars. 

For  travelling  expenses  of  a  uieml)er  of  the  district 
police,  detailed  for  service  with  said  commissioners,  a  sum 
not  exceeding  five  hundred  dollars. 

For  the  payment  of  the  running  expenses  and  necessary 
repairs  of  the  steamer  in  charge  of  the  commissioners,  a 
sum  not  exceeding  four  thousand  dollars. 

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

Approved  February  15,  1895. 


ChClV.  59.  ^^  "^*  "^  KELATIVE  TO  THE  HAZARD  TO  BE  ASSUMED  HY  INSURANCE 
COMPANIES,  THE  LICEXSIXG  OF  BROKERS  AND  THE  PORM  OF  THE 
STANDARD   POLICY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  twenty  of  chapter  five  hundred 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  amended  by  striking  out  in  the 
twelfth  line,  the  word  "  fire  ",  so  as  to  read  as  follows :  — 
/Section  20.  If  any  company  authorized  to  transact  the 
business  of  insurance  in  this  Commonwealth  shall  directly 
or  indirectly  contract  for  or  ellect  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  filing  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  l)e  paid  by  it,  or  increase  the  amount  it  is  author- 


1894,  522,  §  20, 
amended. 


Insurance 
companies  to 
make  sworn 
report  of  rein 
surance,  etc. 


Acts,  1895.  — Chap.  59.  57 

ized  to  have  at  risk  in  any  town  or  tire  insurance  district. 
Xo  insurance  company  shall  insure  in  a  single  hazard  a  Limit  of  single 
larger  sum  than  one   tenth  of  its  net  assets :   provided,    ^^^"^  ' 
Jioicever,  that  a  mutual  boiler  insurance  company  of  this  Proviso. 
Commonwealth  may  insure  in  a  single  risk  an  amount  not 
exceeding  one  fourth  of  its  net  assets. 

Section  2.     Section  ninety-three   of   said   chapter   is  1894, 522,  §  93, 
hereby  amended  by  inserting  in  the  tenth  line,  after  the  '""^'^ 
word   "any",   the  word:  —  suitable, — so  as  to  read  as 
follows:  —  Section  93.     Whoeyer,  for  compensation,  acts  Certain  persons 

.  ■,       .  .  j^'    ±-  j_        i_        e   •  to  be  deemed 

or  aids  m  any  manner  m  negotiatmg  contracts  ot  msur-  insurance 
ance  or  reinsurance  or  placing  risks  or  etiecting  insurance  '"°''«"- 
or  reinsurance  for  a  person  other  than  himself,  and  not 
being  the  appointed  agent  or  officer  of  the  company  in 
which  such  insurance  or  reinsurance  is  effected,  shall  be 
deemed  an  insurance  broker,  and  no  person  shall  act  as 
such  Ijroker  saye  as  provided  in  this  section. 

The  insurance  commissioner  may,  upon  the  payment  of  commissioner 

.  .  Ill  •  -ii  i.     ^  may  issue 

a  fee  ot  ten  dollars,  issue  to  any  suitable  person  a  cer-  certificate  of 
titicate  of  authority  to  act  as  an  insurance  broker  to''"  ^^^^' 
negotiate  contracts  of  insurance  or  reinsurance  or  place 
risks  or  effect  insurance  or  reinsurance  with  any  qualified 
domestic  insurance  company  or  its  agents,  and  with  the 
authorized  agents  in  the  Commonwealth  of  any  foreign 
insurance  company  duly  admitted  to  do  business  in  the 
Commonwealth. 

Such  certificate  shall  remain  in  force  for  one  year  unless  certificate  of 
revoked  by  the  commissioner  for  cause.     Such  cause  shall  beVcTOked^f'o^r 
exist  upon  conviction  of  the  holder  of  such  certificate  of  '^^^^^' 
a  violation  of  the  insurance  laws,  and  whenever  it  shall 
appear  to  the  commissioner  upon  due  proof  after  notice 
that  the  holder  has  unreasonably  failed  and  neglected  to 
pay  over  to  the  company  or  agent  entitled  thereto  any 
premium  or  part  thereof  collected  by  him  on  any  policy 
of  insurance.     The  commissioner  shall  publish  such  revo- 
cation in  such  manner  as  he  deems  for  the  protection  of 
the  public. 

Sectiox  3.  The  fourth  paragraph  of  the  standard  ?r^4^'a^ende^d'.' 
form  of  policy  in  section  sixty  of  said  chapter  is  hereby 
amended  by  striking  out  in  the  second  and  fourth  lines, 
the  word  "  eighteen",  and  leaving  a  blank  in  the  place  of 
each  word  so  stricken  out,  so  as  to  read  as  follows  :  — 
Said    property   is   insured   for   the   term   of  ,  standard  form 

beginning    on   the  day   of  ,   in   the  °  ^°"^*' 


58 


Acts,  1895.— Chap.  59. 


1894,  522,  §  60, 
IT  5,  amcaded. 


oSr/y/"'""    y^^^  hundred    and  ,    at   noon,    and 

continuing  until  the  day  of  ,  in  the 

year  hundred  and  ,  at  noon,  against 

all  loss  or  damage  by  firf:  originating  from  any  cause 
except  invasion,  foreign  enemies,  civil  commotions,  riots, 
or  any  military  or  usurped  power  whatever ;  the  amount 
of  said  loss  or  damage  to  be  estimated  according  to  the 
actual  value  of  the  insured  property  at  the  time  when 
such  loss  or  damage  happens,  but  not  to  include  loss  or 
damage  caused  by  explosions  of  any  kind  unless  fire 
ensues,  and  then  to  include  that  caused  by  fire  only. 

Section  4.  The  tifth  paragraph  of  the  standard  form 
of  i)olicy  in  section  sixty  of  said  chapter  is  hereby 
amended  by  striking  out  in  the  twenty-tifth  line,  the  word 
"issued",  and  inserting  in  place  thereof  the  word:  — 
used, — so  as  to  read  as  follows:  —  This  policy  shall  be 
Matters  voiding  VOID  if  any  material  fact  or  circumstance  stated  in  writing 
^°  '^^'  has  not  been  fairly  represented  by  the  insured,—  or  if  the 

insured  now  has  or  shall  hereafter  make  any  other  insur- 
ance on  the  said  property  without  the  assent  in  writing  or 
in  print  of  the  company,  —  or  if,  without  such  assent,  the 
said  property  shall  be  removed,  exee})t  that,  if  such  re- 
moval shall  be  necessary  for  the  preservation  of  the  proi> 
erty  from  fire,  this  policy  shall  be  valid  without  such 
assent  for  five  days  thereafter,  — or  if,  without  such  assent, 
the  situation  or  circumstances  aflecting  the  risk  shall,  by 
or  with  the  knowledge,  advice,  agency  or  consent  of  the 
insured,  be  so  altered  as  to  cause  an  increase  of  such  risks, 
or  if,  without  such  assent,  the  said  property  shall  be  sold, 
or  this  policy  assigned,  or  if  the  premises  hereby  insured 
shall  become  vacant  by  the  removal  of  the  owner  or  occu- 
pant, and  so  remain  vacant  for  more  than  thirty  days 
^"ithout  such  assent,  or  if  it  be  a  manufacturing  establish- 
ment, running,  in  whole  or  in  part,  extra  time,  except 
that  such  establishments  may  run,  in  whole  or  in  part,  ex- 
tra hours  not  later  than  nine  o'clock  p.m.,  or  if  such  estab- 
lishments shall  cease  operation  for  more  than  thirty  days 
without  permission  in  writing  indorsed  hereon,  or  if  the 
insured  shall  make  any  attempt  to  defraud  the  company 
either  before  or  after  the  loss, — or  if  gun])owder  or  other 
articles  subject  to  legal  restriction  shall  be  kept  in  quanti- 
ties or  manner  diflerent  from  those  allowed  or  prescribed 
Use, etc, of  by  law,  —  or  if  camphene,  benzine,  naphtha,  or  other 
beniinere'ic.      chcmical  oils  or  burning  fluids  shall  be  ke})t  or  used  by 


Acts,  1895.  — Chaps.  60,  61.  59 

the  insured  on  the  premises  insured,  except  that  what  is 
known  as  retined  petroleum,  kerosene,  or  coal  oil,  may  be 
used  for  lighting,  and  in  dwelling  houses  kerosene  oil 
stoves  may  be  used  for  domestic  purposes, — to  be  filled 
when  cold,  b}'  daylight,  and  with  oil  of  lawful  fire  test 
only. 

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

Approved  February  15, 1895. 


CJiap,  60. 


An  Act  making  appropriations   for  expenses   of  the  metro- 
politan PARK  COMMISSION. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  to  meet  expenses  of 
the  parks  and  reservations  in  charge  of  the  metropolitan 
park  commissioners  during  the  year  ending  on  the  thirty- 
first  day  of  December  in  the  year  eighteen  hundred  and 
ninety-five,  to  wit :  — 

For  the  care  and  maintenance  of  reservations  for  the  Careand 
ensuing  year,   under  the    direction   of  the   metropolitan  ^f'^resMvTtions. 
park  commissioners,  the  same  to  include  salaries,  rent, 
travelling  expenses,  stationery,  incidental  and  contingent- 
expenses  of  said  commission,  a  sum  not  exceeding  thirty- 
seven  thousand  dollars. 

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

Approved  February  16,  1895. 

An  Act  relative  to  the  registration  of  voters.  Char)  61 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  male  applicant  for  registration  shall  ^afe*vo'ter°8"  °^ 
present  a  certificate  from  the  assessors,  or  a  tax  bill  or 
notice  from  the  collector  of  taxes,  showing  that  he  has 
been  assessed  as  a  resident  of  the  city  or  town  on  the  pre- 
ceding first  day  of  May,  and  the  same  shall  be  accepted  by 
the  registrars  as  prima  facie  evidence  of  such  residence,  or 
he  shall  present  a  certificate  from  the  assessors  that  he  has 
been  a  resident  for  the  six  months  next  preceding  the  elec- 
tion at  which  he  claims  the  right  to  vote,  and  the  same 
shall  be  accepted  by  the  registrars  as  prima  facie  evidence 
of  such  residence.  If  a  male  person  was  a  resident  of  the 
city  or  town  on  the  first  day  of  May,  and  was  not  assessed 


60 


Acts,  1895.  — Ciiap.  61. 


Registration  of 
male  voters. 


Evidence  of 
residence. 


Records  to  be 
kept,  copies 
of  laws  to  be 
posted,  etc. 


Sessions  of 
assessors. 


Repeals. 


a  poll  tax  by  the  assessors  of  said  city  or  town  on  the  first 
(lay  of  May,  such  person,  in  order  to  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  statement  of  the  ap- 
plicant in  regard  to  his  right  to  be  assessed  at  the  place 
claimed  by  him  as  a  legal  residence  on  the  first  day  of 
May. 

Section  2.  Every  male  person  moving  into  a  city  or 
town  subsequently  to  the  first  day  of  May,  and  claiming 
the  right  to  vote  at  an  election  and  desiring  to  he  regis- 
tered by  the  registrars  of  voters,  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  registered, 
and  who  shall  also  testify  under  oath  to  the  truth  of  the 
statement  of  the  applicant  in  regard  to  his  being  a  resi- 
dent of  the  city  or  town  for  the  six  months  next  preced- 
ing the  election  at  which  he  claims  the  right  to  vote.  The 
assessors  shall  give  the  applicant  a  certificate  stating  that 
he  has  complied  with  the  provisions  of  this  section. 

Section  3.  The  assessors  shall,  in  a  book  provided  for 
that  purpose,  enter  the  name  and  residence  of  each  person 
thus  assessed  or  certified,  and  also  o})posite  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  this  act,  the 
assessors,  shall  post  in  a  con8})icuous  place  a  copy  of  sec- 
tions three  hundred  and  fifteen  and  three  hundred  and  six- 
teen of  chapter  four  hundred  and  seventeen  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three,  printed  on 
white  paper  with  black  ink,  in  type  not  less  than  one 
quarter  of  an  inch  wide. 

Section  4.  The  assessors  shall  hold  such  day  and  such 
evening  sessions  as  shall  be  necessary  to  carry  out  the 
provisions  of  this  act. 

Section  5.  Section  forty-nine  of  chapter  four  hundred 
and  seventeen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  as  amended  by  section  three  of  chapter 
two  hundred  and  seventy-one  of  the  acts  of  the  year  eight- 
een hundred  and  ninctv-four,  and  section  four  of  chapter 


Acts,  1895.  — Chaps.  62,  63.  61 

two  hundred  and  seventy-one  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-four,  are  hereby  repealed. 

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

Approved  February  16,  1895. 

An   Act   to  authorize    the   n.vtick    and    cocoituate    stkeet  Qj^nj^  HO 

RAILWAY  COMPANY   TO   EXTEND   ITS   TRACKS.  f 

Be  it  enacted^  etc.,  asfolloivs: 

Section  1 .  The  Natick  and  Cochituate  Street  Railway  May  extend 
Company  is  hereby  authorized  to  extend  and  operate  its  '  * 
lines  in  and  through  the  town  of  Wellesley,  upon  loca- 
tions granted  by  the  board  of  selectmen  of  said  town  and 
subject  to  such  limitations  and  conditions  as  may  be  im- 
posed by  said  board  ;  and  all  locations  and  rights  hereto- 
fore granted  to  said  Natick  and  Cochituate  Street  Railway 
Company  are  hereby  ratiiied  and  confirmed. 

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

Apj'iroved  February  19,  1895. 


Chap.  63. 


An  Act  to  authorize  fire  district  number  one  in  the  town 
op  south  hadley  to  take  additional  land  for  the  fro- 

TECTKJN   OF  ITS   WATER   SUITLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Fire  District  Number  One  in  the  town  of  May  take  certain 

t~,  1  /•  1  •  •  •  laud,  etc.,  for 

South   Hadley,  for  the  purpose  of  protecting  its  water  protection  of 

supply    from  impairment  and  pollution,   may   purchase, 

take  and  hold  so  much  land  in  the  city  of  Chicopee  at 

the  source  and  along  the  course  of  Buttery  brook  or  any 

of   its    branches    as   may    be   necessary,    wdth   all   water 

thereon. 

Section  2.     Said  district  shall,  within  sixty  days  after  Description  of 
taking  such  land  and  water,  tile  for  record  in  the  registry  recorded.' 
of  deeds  for  the  county  of  Hampden  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,  signed  by  the 
water  commissioners  of  said  district. 

Section  3.  Said  tire  district  shall  be  liable  to  pay  all  damages. 
damages  to  property  sustained  by  any  person  or  corpo- 
ration by  its  taking  of  any  land  and  water  as  aforesaid. 
Any  person  or  corporation  sustaining  any  such  damage, 
and  unable  to  agree  with  said  district  upon  the  amount 
thereof,  may  have  such  damages  assessed  by  the  county 
commissioners  of  the  county  of  Hampden,  by  making  a 


62  Acts,  1895.  — Chaps.  64,  65. 

■written  application  therefor  within  one  year  after  sustain- 
ing such  damage.  Either  i^arty  aggrieved  by  the  doings 
of  said  commissioners  in  the  estimation  of  such  damages 
may  have  the  same  determined  by  a  jury,  and  the  said 
couunissioners  and  jury  shall  have  the  same  po\yer  and 
the  })roceedings  shall  in  all  res})ects  be  conducted  in  the 
manner  provided  by  law  in  the  case  of  taking  land  for 
highways. 
ro°rupung'or  Se(;tion  4.     Whocvcr  maliciously  corrupts,  pollutes  or 

diverting  water,  divcrts  any  of  the  water  taken,  or  injures  or  destroys  any 
works  or  property  held,  owned  or  used  by  said  district 
under  authority  of  this  act,  shall  forfeit  and  pay  t(j  said 
district  three  times  the  actual  damage,  to  be  recovered  in 
an  action  of  tort ;  and  on  conviction  of  any  of  the  acts 
aforesaid  may  be  punished  by  a  tine  of  not  less  than 
twenty  nor  more  than  three  hundred  dollars,  or  In'  im- 
prisonment not  exceeding  one  year,  or  by  both  such  tine 
and  imprisonment. 

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

Approved  February  19,  1S95. 


Chap.  64. 


An  Act  to  change  the  name  of  tue  ciiakles  kiver  baptist 

cnuKcn. 

Be  it  enacted,  etc.,  as  follows : 
Name  changed.       ^j^g  ^yj^^we  of  the  Charlcs  Rivcr  Baptist  Church  is  hereby 
changed  to  the  Immanuel  Baj^tist  Church  of  Cambridge. 

Approved  February  21,  1895. 

Chat).  Gi).  ^^   '^*^   ^**    AITIIOKIZE   THE    TOWN   OF    NEWBURY    TO   MAKE    REGU- 
LATIONS  Foi:   THE    USE    OF   A   CERTAIN   WHARF   IN   SAID   TOWN 

Be  it  enacted,  etc.,  us  Jollows : 

amended  ^^'  Section  1.     Scctiou  onc  of  cliaptcr  two  hundred  and 

seventy-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-two  is  hereby  amended  l)y  adding  at  the  end 
thereof  the  following  words  :  — and  said  town  of  Xewbury 
is  authorized  to  make  rules,  regulations  and  charges  for 
the  use  of  said  wharf,  and  may  sue  for  and  recover  said 
charges  in  an  action  of  contract,  —  so  as  to  read  as  fol- 

Townof  lows: — Section    1.     The   town    of  A'ewburv    is    lierebv 

Newtniry  may  i-i  -i  •  •  i^-i" 

construct  wharf,  authorized  to  construct  and  maintain  a  whart  m  and  over 
tide  water  at  the  pul)lic  landing  of  said  town  on  the 
River  Parker,  sul)icct  to  the  ])rovisions  of  chapter  nine- 
teen of  the   Public  Statutes;   and  said  town  of  Xewl)ury 


Acts,  1895.  — Chaps.  66,  67,  68.  63 

is  authorized  to  make  rules,  regulations  and  charges  for 
the  use  of  said  wharf,  and  may  sue  for  and  recover  said 
charges  in  an  action  of  contract. 

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

Approved  February  21,  1895. 

An  Act  to  authorize  the  board  of  commissioners  of  savings  (Vjfyj)  f]^ 

BANKS    TO    EMPLOY    ADDITIONAL    EXPERT    AND    CLERICAL    ASSIST-  "^ 

ANTS. 

Be  it  enacted,  etc.,  asfoUoics: 

Section    1.     The  board  of  commissioners  of  savings  Additional 
banks  may    employ   such  additional  clerical  and  expert  penls'sfs'tame.' 
assistants  as  it  may  from  time  to  time  require,  and  may 
expend  therefor,  including  the  actual  ti^avelling  expenses 
of  such  assistants,  a  sum  not  exceeding  twenty-five  hun- 
dred dollars  per  annum. 

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

Aj)proved  Febrtiary  21,  1893. 


Chap.  67. 


An  Act  to  ratify  the  proceedings  of  the  west  congrega- 
tional SOCIETY  OF  WARREN. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  proceedings  of  the  West  Congrega-  Proceedings 
tional  Society  of  Warren  and  the  election  of  its  officers, 
so  f^ir  as  the  same  appear  upon  the  records  of  said  society, 
are  hereby  ratified  and  declared  valid. 

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

Aj)proved  February  21,  1895. 


ratified. 


Chap.  68. 


An  Act  to   change  the  name  of  the  shattlck  street  uxi- 

VERSALIST   society   OF   LOWELL. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     The  name  of  the  Shattuck  Street  Univer-  Name  changed. 
salist  Society  of  Lowell  is  hereby  changed  to  Grace  Uni- 
versalist  Society. 

Section    2.     All   gifts,   grants,   be(iuests    and   devises  Gifts, bequests, 
heretofore  or  hereafter  made  to  said  corporation  under  '^^'^' 
either  of  said  names  shall  vest  in  said  Grace  Universalist 
Society. 

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

Approved  February  21,  1895. 


64: 


Acts,  1893.  — Chap.  69. 


Fire  district 
may  be  cBtab- 
lislied  in  town 
of  Norton. 


Chan.  69.   -^^    -^^^    '^^   authorize    the    ESTABLISIIMEXT    of    a    fire    PISTinCT 

IN   THE   TOWX   OF   NORTON. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  A  fire  district  may  be  established  in  the 
town  of  Norton,  to  inchide  all  the  territory  within  the  fol- 
lowing limits,  to  wit: — Beginning  at  the  northerly  side 
of  the  dam  of  the  Norton  reservoir,  thence  easterly  and 
southerly  by  easterly  side  of  the  Kumford  river  to  the  road 
near  the  residence  of  Loren  B.  Willis ;  thence  southerly  in 
a  straight  line  to  the  point  where  Goose  Branch  ])rook  ii>- 
tersects  the  northerly  line  of  the  location  of  the  Attlebor- 
ough  and  Taunton  branch  of  the  Old  Colony  Kailroad 
Company  ;  thence  by  said  line  of  location  of  said  railroad 
westerly  to  the  line  between  the  towns  of  Norton  and 
Attleborough ;  thence  northerly  by  said  town  line  to  a 
point  two  thousand  feet  northerl}'  of  the  road  passing  by 
the  residence  of  George  Wetherell ;  thence  easterly  to  a 
point  on  the  easterly  side  of  the  road  leading  by  the  resi- 
dence of  Albert  Skinner  one  hundred  feet  southei'ly  of  said 
Skinner's  house  ;  thence  easterly  to  a  ])oint  on  the  easterly 
side  of  the  road  leading  by  the  residence  of  William  J. 
Tiffany  two  hundred  feet  southerly  of  said  Tiffany's  house  ; 
thence  in  a  straight  line  to  the  point  of  beginning. 

Section  2.  Before  the  district  is  constituted  and  or- 
ganized a  petition  shall  be  ])resented  to  said  town  at  a 
legal  meeting,  stating  the  limits  of  the  proposed  district, 
the  number  of  inhal)itants,  the  number  of  voters,  and  the 
amount  of  taxable  property  in  sjiid  })roposed  district,  as 
near  as  the  same  can  be  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  purj)ose,  and  in  the 
manner  herein  provided,  ^\  itliin  thi-ee  years  from  the  pas- 
sage of  this  act ;  the  number  of  said  meetings  called  for 
that  purpose  in  any  one  year  not  to  exceed  two. 
Commissioners  SECTION  H^.  The  IcL^al  votci's  of  the  Said  fire  disti'ict  of 
etc.,  to  bo  the  town  ot  Norton  ^hall,  withm  one  vear  irom  the  oraau- 

elected.  *■  ^ 


Petition  to 
state  limits  of 
proposed  dis- 
trict, number  of 
voters,  etc. 


Acts,  1895.  — Chap.  69.  65 

izing  of  said  district,  at  a  meeting  called  for  tlie  purpose,  otTy'dmnrsetl 
choose  by  ballot  a  board  of  three  commissioners,  who  shall  to  be  eiecuti. 
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  in- 
habitants and  voters  in  said  district.  Said  commissioners 
shall  serve  until  the  next  annual  meeting  of  said  district 
and  until  others  are  chosen  and  qualilied  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  Vacaocfe*. 
have  authority  to  fill  any  vacancy  in  said  board  at  any 
district  meeting  regularly  called  for  that  purpose.  Said 
commissioners  shall  be  sworn  and  shall  receive  no*  com- 
pensation. 

Section"  4.     Said  district  may,  at  meetings  called  for  Board  to  expend 

,1      ,  .  /•        i  1  '  f*"  •  J    moDey  raised 

that  purpose,  raise  money  tor  the  purpose  oi  carrymg  out  by  distrist,  etc.   , 

the  provisions  of  this  act ;  and  said  board  shall  expend  the  * 

same  for  the  purposes  prescribed  by  vote  of  the  district. 

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  appropriation  or  for  any  purpose 

not  specified  b}-  the  vote  of  the  district  appropriating  the 

same.     But  said  district  shall  not  during  any  year  raise 

by  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  before  cierk  of  district 
the  first  day  of  May  of  each  year,  certify  to  the  assessors  assessors  of  the 
of  the  town  of  Norton  all  sums  voted  to  be  raised  b}'  the  toVerai^d."  ^ 
district  during  the  year  last  preceding,  under  the  provi- 
sions of  this  act ;   which  sums  shall  be  assessed  and  col- 
lected by  the  oflicers  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  subject  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. 

Section  G.     It  shall  be  the  dutv  of  said  board,  under  conBtmction, 

,1  .    .  11'  •  r-        •'■!     -!•         •  etc.,  of  main 

the  supervision  and  direction  oi  said  district,  to  construct,  drains,  coramon 

sewers,  etc. 


66 


Acts,  1895.  — Chap.  69. 


To  determine 
grade,  material, 
etc.,  of  side- 
vfalka. 


Removal  of 
obsiructions 
from  sidewalkB, 


Penalty  for 
obi'tructing  or 
diijKiD!,'  up  side 
walks  without 
coneeut. 


May  order  the 
construction  of 
cross  walks. 


reconstruct,  erect,  repair,  maintain  and  have  charjje  of  all 
main  drains  constructed  by  it,  and  of  all  common  sewers, 
sidewalks,  lamj)  posts,  street  lamps  and  street  hydrants  in 
said  tire  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. 

Section  7.  Said  l)oard  shall  have  authority  to  deter- 
mine the  grade,  width  and  material,  including  curbstones, 
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,  de- 
termine and  certify  the  whole  ex})ense  of  such  making, 
reconstruction  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  rejiaired. 

Section  8.  Said  board  shall  have  power  to  determine 
when,  in  what  manner  and  to  what  extent  snow,  ice, 
grass,  herbage,  trees  and  other  obstructions  shall  be  re- 
moved 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  a])])roval 
of  said  tire  district,  and  also  by-laws  and  penalties  pro- 
hil)iting  the  dei)osit  of  ashes,  garbage,  filth  or  other  refuse 
uialter  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  l)e  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,  except  to  cross  the  same,  or  digs 
up  or  otherwise  ol)stiTicts  the  same  without  such  consent, 
shall  forfeit  a  sum  not  less  than  one  nor  more  than  five 
dollars  for  each  violation  of  the  provisions  of  this  section. 
Section  10.  Said  fire  district,  at  meetings  called  for 
that  purpose,  may  order  said   board  to  construct   cross 


Acts,  1895.  — Chap.  69.  67 

walks  in  any  of  the  streets  in  said  district  in  which  they 
have  authority  to  construct  sidewalks.  Said  board  shall 
construct  all  such  cross  walks  at  the.  expense  of  said  dis- 
trict, and  shall  repair  and  reconstruct  the  same  when 
ordered  by  said  district,  and  at  its  ex})ense. 

Section  11.  Said  board  shall  lay,  make,  reconstruct  ^^.^-1°^;^:^^^'^^^ 
and  maintain  in  said  district  all  such  main  drains  and  common  sewera. 
common  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  public  health,  and  may 
repair  the  same  from  time  to  time  whenever  necessary ; 
and  for  said  purposes  may  take,  in  the  manner  herein- 
after provided,  any  land,  property  or  right  which  in  their 
opinion  ma}^  l)e  necessary  therefor. 

Section  12.     jNIain  drains  and  common  sewers  mav  be  ^»'°  ^'■^'■^^  "°^ 

,.  .IT         •        1  -IT         •  !•!  11   1        common  st-wers 

constructed  m  said  district  by  said  district,  which  shall  be  to  be  property 
the  property  of  said  district  and  shall  be  under  the  charge  ^^  ^ ,  l  . 
and  control  of  said  board,  who  shall  have  the  power  and 
authority  to  regulate  the  use  of  the  same  and  to  prescriiie 
the  mode  in  which  the  same  shall  be  entered  by  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  charge  and  control  of 
said  board,  who  shall  have  authority  to  make  and  execute 
orders  concerning  the  same  as  though  the  same  were  con- 
structed by  said  board  under  this  act.  The  provisions  of 
this  section  shall  apply  to  and  govern  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  AsBessments  to 

•  1     1    (•        •         1  •  1      11  •  !•  1   coustuute  a  lien 

provided  lor  m  this  act,  shall  constitute  a  hen  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  purpose,  and  a  list  thereof  shall  be  com- 
mitted by  said  board  for  collection  to  the  person  then 


68 


Acts,  1895.  — Chap.  69. 


Levy  to  be 
njade  in  case  of 
non-payment  of 
assessment. 


Money  coUectc  d 
to  be  paid  over 
to  treasurer  of 
district. 


ABsesPHient 
invalid  by 
error  may  be 
reassessed. 


Person 

aggrieved  may 
have  a  trial  by 
jury. 


authorized  hy  la^v  to  collect  taxes  in  said  town.  Said 
collector  shall  forthwith  ])ublish  the  same  by  posting  true 
and  attested  copies  .thereof  in  three  public  places  in  said 
district ;  and  shall,  "within  thirty  days  from  said  publica- 
tion thereof,  demand  payment  of  the  same  of  the  owner 
or  occupant  of  the  land  assessed,  if  known  to  him  and 
^yithin  his  precinct.  ]f  any  such  assessment  shall  not  1)6 
paid  within  three  months  from  the  publication  of  said  list 
he  shall  levy  the  same,  "with  incidental  costs  and  expenses, 
by  sale  of  the  land,  such  sale  to  l)e  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 
officers  shall  have  all  the  powers  and  privileges  conferred 
by  general  law  upon  collectors  of  taxes,  and  upon  cities 
and  tow^ns  and  their  officers,  relating  to  the  sales  of  land 
for  the  non-payment  of  taxes.  The  collector  shall  pay 
over  all  moneys  received  by  him  under  this  act  to  the 
treasurer  of  said  district,  in  the  same  manner  as  moneys 
received  by  him  from  taxes  assessed  for  said  district  by 
the  assessors  of  Norton. 

Section  14.  Every  assessment  made  by  said  libard 
"which  is  invalid  by  reason  of  any  error  or  irregularity  in 
the  assessment,  and  which  has  not  been  paid,  or  which  has 
been  recovered  back,  or  which  has  l)cen  enforced  by  an 
invalid  sale,  may  be  reassessed  1)y  the  aforesaid  board  of 
commissioners  for  the  time  being,  to  the  just  amount  to 
"which,  and  upon  the  estate  upon  which,  such  assessment 
ought  at  first  to  have  been  assessed ;  and  the  assessment 
then  reassessed  shall  be  payable  and  shall  l)e  collected  and 
enforced  in  the  same  manner  as  other  assessments. 

Section  15.  Any  person  aggrieved  by  an  assessment 
made  by  said  board  may,  at  any  time  within  three  months 
from  the  publication  of  the  list  of  such  assessment,  as  pro- 
vided in  section  thirteen,  api)ly  l)y  petition  to  the  superior 
court  for  the  county  of  I5ristol,  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  ])eti- 
tion  the  petitioner  shall  give  one  month's  notice  in  Avriting 
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 


Acts,  1895.  — Chap.  69.  69 

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. 

Section  'iQ.  Whenever  land  is  taken  by  virtue  of  the  Description  of 
provisions  of  section  eleven  the  said  board  shall,  v^ithin  recorded.' 
sixty  days  after  any  such  taking,  tile  in  the  registry  of 
deeds  for  the  northern  district  of  the  county  of  Bristol  a 
description  of  any  land  so  taken,  sufficiently  accurate  for 
identitication,  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 
lire  district  and  its  successors.  Damages  for  land  so  Damages. 
taken  shall  be  paid  by  said  fire  district ;  and  any  person 
qjggrieved  by  the  taking  of  his  land  under  this  act,  who 
('  l^ils  to  agree  with  said  board  as  to  the  amount  of  dam- 
^  Mics,  may,  upon  a  petition  filed  with  the  county  commis- 
siil»ers  of  the  county  of  Bristol  within  one  year  from  the 
filiiw  of  the  description  thereof  in  said  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  if  the  damages  are  in- 
creased by  the  jury,  anct  shall  recover  costs  if  the  damages 
are  decreased ;  but  if  the  jury  shall  award  the  sani© 
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   pur-  ^^''"^  '""'■ 
suance  thereof,  may  be  recovered  by  an   action  of  tort 
brought  l)y  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  Proviso. 
action,  complaint  or  indictment  shall  be  maintained  unless 
brought  within  thirty  days  alter  the  right  of  action  accrues 
or  the  offence  is  committed.     No  inhabitant  of  the  district 
shall  be  disqualified,  by  reason  of  his  being  such  inhab- 
itant, to  act  as  judge,  magistrate,  juror  or  officer,  in  a  suit 
brought  for  such  penalty. 


70 


Acts,  1893.  —  Cii^vp.  70. 


Provisions  of 
geucial  laws  lo 
apply. 


Auth6rity  of 
Norton  to 
construct  side- 
walks, etc., 
euspended. 


Damages  and 
costs. 


Secttox  1.*^.  Tho  provisioiLS  of  all  general  laws  of  the 
Commonwealth,  applifal)le  to  tire  districts  and  not  incon- 
sistent with  this  act,  shall  apply  to  the  fire  district  of  the 
town  of  Norton  orixanized  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  Norton  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  Norton  in  making, 
re[)airing,  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 
town  of  Norton  to  construct  sidewalks,  main  drains  and 
common  sewers  within  the  limits  of  said  district  shall  be 
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  jiarty  ui)onthe  trial  of  an  action 
recovers  damages  of  said  town  for  an  injury  caused  to  his 
person  or  property  by  a  defect  in  any  sidewalk  in  said  tire 
district,  if  the  fire  district  has  had  reasonable  notice  to 
defend  the  action,  the  said  town  may  recover  of  the  fire 
district,  in  addition  to  the  damages,  all  costs  of  both 
plaintiti'and  defendant  in  the  action. 

Section  20.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  23,  1895. 


ChciV.  70.  ^^  -^^"^  "^^  AUTIIOKIZE  THE  DISCONTIXUANCE  OF  THE  YIKST  CON- 
GRKOATIONAL  I'AIUSII  IX  NORWOOD  AND  A  CONVEYANCE  OF  ITS 
I'HorERTV  TO   THE   ITKST  CONGREGATIONAL  CHURCH  IN  NORWOOD. 

Be  it  enacted,  etc.,  as  fuUoics : 

Section   1.     The  First  Congregational  Parish  in  Nor- 


May  convey  to 
First  Congrega- 


uoua!  Church  iu  wood  is  hereby  authorized  to  convey  to  the  First  Congre- 

Norwood  prop-  .  ,    , ,,  i     •       -v^  i      n     i       "  •     i  • 

erty,  rights,  etc.  gatioual  (  luircQ  IU  N  orwood  all  the  ])ro])erty ,  rights,  i)riv- 
ileges  and  fVanchises  of  said  parish  by  deed  of  conveyance 
to  be  authorized  liy  a  vote  of  said  parish  at  a  meeting 
called  for  the  ])urpose,  and  also  accepted  by  said  church 
in  writing  under  authority  of  a  vote  of  said  church  at  a 
meeting  called  for  the    purpose,  and  acknowledged  and 


Acts,  1895.  — Chap.  71.  71 


assessed,  eic. 


recorded  in  the  reoistry  of  deeds  for  the  county  of  Norfolk. 
Upon  due  execution  and  record  of  such  conveyance  said 
First  Congregational  Parish  in  Norwood  shall  be  thereby 
dissolved  and  discontinued  as  a  separate  corporation,  and 
all  the  rights,  powers,  privileges  and  property  of  said 
First  Congregational  Parish  in  Norwood  shall  be  vested  in 
said  First  Congregational  Church  in  Norwood,  subject  to 
the  same  uses  and  trusts  as  when  held  by  said  parish  ;  and 
said  church  shall  thereby  assume  all  the  liabilities  and 
obligations  of  said  parish. 

Section  2.     Any  iierson  claiming  to  be  aijgrieved  by  Persors 

,^  •    •  ,.     V 1   •  i  1  j^'        """^    -J.!   •  •       aggrieved  may 

the  provisions  ot  this  act  may  at  any  time  witmn  six  have  damages 
months  after  such  conveyance  is  duly  recorded  apply  by 
petition  to  the  superior  court  for  the  county  of  Norfolk, 
and  his  damages,  if  any,  shall  be  assessed  and  determined 
by  and  under  the  direction  of  said  court,  and  shall  be  paid 
by  said  First  Congregational  Church  in  Norwood. 

Approved  February  25,  18D5. 

Ax  Act  to  authoiuze  the  city  of  Cambridge  to  ESTAiujsn  QJiap.  71. 

FIKR    LIMITS     AND     TO     ENACT     ORDINANCES    RELATIVE    TO    SUCH 
LIMITS   AND   THE  BUILDING  LAWS   OF   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Cambridge  may  from  time  to  cityofcam- 
time,    by    ordinances    not    repugnant    to    law,    establish  estabrishiYre 
limits  in  any  districts  of  said  city,  within  which    limits  ''™"*' 
every  l)ailding  which  may  be  built,  altered  or  used  after 
the  establishment  thereof  shall  be  liuilt  or  altered  of  the 
height  and  materials  and  shall  be  used  as  may  be  defined 
in  said  ordinances,  excepting  however  such  buildings  and 
structures  as  are  owned  by  the  United  States  or  the  Com- 
monwealth, and  excepting  also,  bridges,  quays  and  wharves. 

Section  2.     Such  limits  shall  be'  called  a  fire  limit,  and  be'changld™''^ 
may  l)e  changed  from  time  to  time  as  the  city  council  may 
deem  necessary. 

Section  3.     Within  such  fire  limit  the  city  of  Cam-  Meansof 

■%     '  -,  1  T  1  'iji  c   esress,  etc.,  in 

bridge    may    by    ordinance  also  prescribe  the  means  ot  buildings. 
ingress  and  egress  which  shall  be  provided  and  maintained 
in  all  1)uildings  built  and  that  may  hereafter  be  built,  and 
tlie  kind  and  extent  of  all  safety  appliances  and  precautions 
against  fire  which  shall  be  placed  and  maintained  thereon. 

Section  4.     Within  such  fire  limits  said  city  may  also  construction 
prescribe  the  distances  at  which  certain  buildings  of  cer-  buildings. 
tain  classes  and  heiahts,  to  be  designated  in  said   ordi- 


72 


Acts,  1895.  — Chaps.  72,  73. 


May  embody 
ceriuin  ptovi- 
sions  of  law  in 
its  ordiuanuea. 


Penalties. 


When  to  take 
effect. 


nances,  shall  be  Iniilt  from  other  buildings  of  similar  or 
other  classes  and  heights. 

Section  5.  Said  city  may  embody  iu  its  ordinances, 
so  far  as  ma}''  be  deemed  applicable,  the  provisions  of  law 
now  and  that  may  hereafter  be  iu  force  relative  to  the  city 
of  Boston. 

Section  6.  Except  iu  cases  in  which  other  provisions 
are  made  by  statutes  said  city  may  prescri])e  penalties  not 
exceeding  one  hundred  dollars  for  each  violation  of  such 
ordinances. 

Section  7.  This  act  shall  take  ellect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Cambridge. 

Approved  February  23,  1895. 


Chap.  72. 


Appropriations. 


State  prison. 


MaasachiiBetts 
reformaiory. 


Reformatory 
prison  for 
-women. 


An  Act  making  appropriatioxs  for  carrying  out  the  pro- 
visxoxs  of  the  act  relating  to  the  employment  of  lalior 
in  the  prisons  of  the  commonwealth. 

Be  it  enacted,  etc.,  asfulloivs: 

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  purpose  of 
carrying  out  the  provisions  of  chapter  four  hundred  and 
forty-seven  of  the  acts  of  the  yeav  eighteen  hundred  and 
eighty-seven,  relating  to  the  employment  of  prisoners 
in  the  various  prisons  of  the  Commonwealth  during  the 
year  eighteen  hundred  and  ninety-five,  to  wit:  — 

For  maintaining  industries  at  the  state  prison  at  Boston^ 
a  sum  not  exceeding  one  hundred  and  sixty  thousand 
dollars. 

For  maintaining  industries  at  the  Massachusetts  reform- 
atory at  Concord,  a  sum  not  exceeding  fifty  thousand 
dollars. 

For  maintaining  industries  at  the  reformatory  prison 
for  women,  at  Sherborn,  a  sum  not  exceeding  three 
thousand  dollars. 

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

Approved  February  25,  1895. 


Chap.  73. 


An  Act  making  appropriations  for  salaries  and  expenses 

AT  the   state  farm   AT   DRILXiE WATER. 

Be  it  enacted,  etc.,  as  follows: 
Appropriations.       Section  1.     Thc  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 


Acts,  1895.  — Chap.  74.  73 

wealth  from  the  ordinary  revenue,  for  the  payment  of 
salaries  and  expenses  at  the  state  farm  at  Bridgewater 
during  the  year  ending  on  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-live,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  state  state  farm. 
farm  at  Bridgewater,  a  sum  not  exceeding    twenty-nine 
thousand  dollars ;  and  for  other  current  expenses  at  said 
institution,  a  sum  not  exceeding  seventy-eight  thousand 
dollars. 

Section  2.     This  act  shall  take  eifectupon  its  passage. 

Approved  February  25,  1S95. 


'''-  Chap.  74. 

AKK  -^ 


An  Act  to  authorize   the   town   of  dedham  to  incur  in 
debtedness    beyond    the    limit   fixed    by   law,   fc 
purposes. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  town  of  Dedham,  for  the  purpose  of  ?''^«y '°'^°'" 

,     .  '  i    .    i  inclebteduess 

providing  a  park  svstem  in  said  town,  may  incur  indebted-  beyond  debt 

*.         •  11  Lull    GtC 

ness  beyond  the  limit  of  indebtedness  now  or  hereafter 
fixed  by  law  for  said  town,  to  an  amount  not  exceeding 
one  hundred  thousand  dollars,  and  may  from  time  to  time 
issue  bonds  or  certificates  of  indebtedness  therefor,  which 
shall  become  due  and  payable  within  a  period  not  exceed- 
ing fifty  years  from  the  date  of  issue,  at  a  rate  of  interest 
not  exceeding  four  per  centum  per  annum  ;  and  the  pro- 
visions of  chapter  twenty-nine  of  the  Public  Statutes  and 
of  chapter  Due  hundred  and  twenty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-four  shall  apply  to  the 
issue  of  such  bonds  or  certificates  of  indebtedness  and 
to  the  establishment  of  a  sinking  fund  for  the  payment 
thereof  at  maturity. 

Section  2.     Said  bonds  or  certificates  of  indebtedness  Dedham  Park 
shall  be  denominated  Dedham  Park  Loan,  and  shall  be  ^°^^' 
signed  by  the  treasurer  and  countersigned  by  a  majority 
at  least  of  the  selectmen  of  said  town. 

Section  3.  The  town  shall  on  issuing  any  of  said  sinking  fund, 
bonds  or  certificates  of  indebtedness  establish  a  sinking 
fund,  and  apportion  thereto  from  year  to  year  an  amount 
sufficient  with  its  accumulations  to  extinguish  the  debt  so 
incurred  at  maturity.  Any  premium  realized  from  the 
sale  of  said  bonds  or  certificates  of  indebtedness  shall  be 
applied  to  the  payment  of  the  interest  on  said  loan  as  it 
accrues. 


74:  Acts,  1895.  — Chaps.  75,  76. 

S"nd«uo'be  Section  4.  The  town  of  Dcdham  may  use  the  pro- 
reiuibureed,  etc.  ccccls  IroDi  tlic  salc  of  any  poll  ion  of  the  issue  of  bonds  or 
certiticates  of  indebtedness  authorized  by  this  aet,  for  the 
purpose  of  reimbursing  and  covering  back  into  tlie  treas- 
ury of  said  town  any  sums  of  money  already  expended  or 
appropriated  by  said  town  for  park  ])urposes. 
whontotake  Sec'tiox  5.  This  act  shall  take  elieot  upon  its  accept- 
ance by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  legal  town  meeting  called 
for  the  purpose,  but  not  exceeding  three  such  meetings 
shall  be  held  in  any  one  year. 

Approved  February  26,  1S95. 

CJlClV.  75.   ■'^^    ■^^•^    KELATIVE    TO    THE    ALLOWANCE    OF    INTEREST    ON   AHATE- 
MENTS   OF  TAXES   MADE   BY  THE   SUPEIilOR  COURT. 

Be  it  enacted,  etc.,  asfoUoivs: 

iaoTeaon^^  Section  1.     In  every  judgment  which  shall  hereafter 

ahatementof  bc  reiidcrcd  for  the  amount  of  an  abatement  of  taxes  made 
under  the  provisions  of  chapter  one  hundred  and  twenty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety 
there  shall  be  included  all  charges  and  also  interest  on  the 
amount  of  the  abatement  made  from  the  date  of  the  payment 
of  the  tax. 

Section  2.     This  act  shall  take  effect  upon  its  i)assage. 

Approved  February  2G,  1895. 


Chap.  76. 


r^a   An  Act  to  incorporate  the  industrial  house  charities  of 

SI'IUNGFIELD. 

Be  it  enacted,  etc.,  as  foUoics : 

Industrial  ]\Iina  C.  Hall,  Jane  E.  Law,  Harriet  X.  Hoslev,  Eliza- 

^i^^u^^^d^"  beth  O.  Bailey,  Mary  E.  Heywood,  Martha  INI.  ]\Iills, 
incorporated,  j^nnj^a  C.  Bugbcc,  Emma  M.  Downing,  Edna  D.  Tobey 
and  Sarah  P.  Stone,  their  associates  and  successors,  are 
hereby  made  a  c()r])oration  by  the  name  of  The  Industrial 
House  Charities  of  Springfield,  for  the  purpose  of  aiding 
the  poor  of  the  city  of  Springfield  ;  and  after  said  corpo- 
ration has  been  duly  organized  pursuant  to  notice  given  to 
the  })ersons  aforesaid  by  one  of  their  numl)cr,  in  accord- 
ance with  section  four  of  chapter  one  hundred  and  fifteen 
of  the  Pu1)lic  Statutes,  and  by  the  adoi^tion  of  by-laws  and 
the  election  of  officers  in  accordance  with  said  chapter,  and 
said  by-laws  have  been  approved  by  the  commissioner  of 


Acts,  1895.  — CnArs.  77,  78.  75 

corporations,  The  Union  Relief  Association  of  the  City  of 
Spiingtield  is  hereby  authorized  to  transfer  to  said  corpo- 
ration the  real  estate  on  Bliss  street  in  Springfield  known 
as  the  Industrial  House,  and  such  funds  as  the  said  Union 
Relief  Association  of  the  City  of  Springfield  may  hold  in 
trust  for  the  charities  connected  with  said  Industrial  House. 

Approved  February  26,  1S95. 


An  Act  making  an  APrROPRiAxioN  for  expenses  in  connection  QJinj)   77 

WITH    GRANTING  LICENSES   TO   DRUGGISTS  AND   APOTHECARIES  TO 
SEEL  INTOXICATING  LIQUORS, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sum  of  five  thousand  dollars  is  hereby  Licences  to 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com-  apofhecarfe"  to 
monwealth  from  the  ordinary  revenue,  for  the  payment  of  ifquorsr"''*""^ 
all  necessary  expenses  in  connection  with  cariying  out  the 
law  relating  to  granting  licenses  to  druggists  and  apothe- 
caries to  sell  intoxicating  liquors,  during  the  year  ending 
on  the  thirty-first  day  of  December  in  the  year  eighteen 
hundred  and  ninety-five. 

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

Approved  February  26,  1S95. 


An  Act  making  appropriations  for  salaries  and  expenses  (J]iar>.  78. 

AT   THE  LYMAN   SCHOOL   FOR   BOYS,  AT   WESTBOROUGH. 

Be  it  enacted,  etc.,  asfolloius: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations, 
projiriated,  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 
Westliorough,  for  the  year  ending  on  the  thirty-first  day 
of  December  in  the  year  eighteen  hundred  and  ninety-five, 
to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the  Lyman  school 
Lyman  school  for  boys,  at  Westborough,  a  sum  not  ex- 
ceeding twenty-five  thousand  dollars ;  and  for  other  cur- 
rent expenses  at  said  institution,  a  sum  not  exceeding 
thirty-six  thousand  one  hundred  and  sixty  dollars. 

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

Approved  February  26,  1S95. 


76  Acts,  1895.  —  Chaps.  79,  80,  81. 


GllClV*  79.  ^^^  '^CT  TO  ArxnOKIZE  THE  SOCIETY  OF  OI'.LATE  FATHERS  FOK 
MISSIONS  AMONG  THE  TOOK  TO  HOLD  ADDITIONAL  liEAL  AND 
PEI.SONAL  ESTATE. 

JQe  it  enacted,  etc.,  as  follows: 
May  hold  addi.        Section  1.     TliG  Socicty  of  Oblato  Fathers  for  Missions 

tioual  real  and  .  ^ 

personal  estate,  aiuong  thc  Poor  IS  hereby  authorized  to  hold  real  and  per- 
sonal estate  for  religious,  charitable  and  educational  pur- 
poses, to  an  amount  not  exceeding  three  hundred  and  tifty 
thousand  dollars  in  addition  to  the  amount  now  authorized 
by  law. 

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

Approved  February  28,  1895. 

Clicny.  80.  ■'^^  ^^'^  ^^  authorize  the  avoman's  fokeign  missionary  society 

OF    THE    yearly    MEETING    OF    FRIENDS    FOR    NEM'    ENGLAND    TO 
HOLD  ITS  MEETINGS   WITHOUT  THE   COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  folloivs : 
May  hold  its  Section  1.     Tlie  "Womau's  Foreign  Missionary  Socicty 

without  tho       of  the  Yearly  INIeeting  of  Friends  for  IS  ew  England  may 
■  hold  i(s  meetings  in  any  state  or  territory  of  the  United 
States  and  in  the  District  of  Columbia. 

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

Approved  February  28,  1895. 

Char},  83  .  ^^    ^^^  '^^   authorize  the  employment   of  an   ACTUARY  IN  THE 

INSURANCE   DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows : 

1894, 522  §5,  Section  1.     Scctioii  five  of  chapter  five  hundred  and 

twenty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  lierebj^  amended  by  inserting  in  the  eleventh 
line,  alter  the  word  "  dcpailment ",  the  words  :  — an  actu- 
ary with  an  annual  salary  of  two  thousand  dollars, — so  as 

Powers  and       to  Tcad  Rs  follows  :  —  Sectioii  5.     The  commissioner  shall 

duties  of  .  1  f  ,^         1     ,'  /-ii 

commiBBioner.  cxcrcisc  the  powci's  and  periorm  the  duties  contcrred  and 
imjiosed  upon  him  l)y  this  act  or  by  any  other  law  of  the 

Deputy.  Commonwcahli.     He  may  with  the  approval  of  the  gov- 

ernor and  council  appoint,  and  with  their  consent  remove, 
a  deput}'^  commissioner  to  assist  him  in  his  duties,  who 
shall  receive  an  annual  salary  of  twenty-five  hundred  dol- 
lars. In  the  event  of  a  vacancy  in  the  ofiice  of  connnis- 
sioner  or  during  the  absence  or  disability  of  that  officer 


Acts,  1895.  — Chap.  82.  77 

the  deputy  commissioner  sliall  perform  tlie  duties  of  the 
office.  The  commissioner  may  employ  in  his  department  Actuary  cierks 
an  actuary  with  an  annual  salary  oi  two  thousand  dollars, 
a  chief  clerk  with  an  annual  salary  of  two  thousand  dol- 
lars, a  second  clerk  with  an  annual  salary  of  fifteen  hun- 
dred dollars,  a  third  clerk  with  an  annual  salary  of  twelve 
hundred  dollars,  and  such  additional  clerks  and  assistants 
as  the  pul)lic  business  in  his  charge  may  require,  at  an  ex- 
pense not  to  exceed  such  sum  as  the  general  court  may 
approjniate  each  year. 

Sectiox  2.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  January  in  the  year  eighteen  hundred  and  ninety-five.    '*°'  ' 

Approved  February  28,  1895. 


Chap.  82. 


An  Act  to  provide  for  a  avater  surpLv  for  the  fire  district 

AND  inhabitants  OF  THE  TOWN  OF  NORTON. 

Be  it  enacted,  etc.,  asfolloivs: 

Sectiox  1.  Upon  the  establishment  and  organization  water  supply 
of  a  fire  district  in  the  town  of  Norton  under  the  provi-  Norton?  "^ 
sions  of  the  act  of  the  present  year,  entitled,  "An  act  to 
authorize  the  establishment  of  a  tire  district  in  the  town 
of  Norton",  said  fire  district  may  supply  itself  and  the  in- 
habitants of  said  town  with  water  for  the  extinguishment 
of  fires  and  for  domestic  and  other  purposes ;  may  estab- 
lish fountains  and  hydrants  and  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.  Said 
fire  district  and  the  town  of  Attlel)orough  are  hereby  au- 
thorized to  receive  from  each  other  or  supply  each  other 
with  water  for  domestic,  manufacturing,  fire  and  other 
purposes,  on  such  terms  and  conditions  as  they  may  mu- 
tually agree  upon.  Said  fire  district  and  the  Mansfield 
Water  Supply  District  are  hereby  authorized  to  receive 
from  each  other  or  supply  each  other  with  water  for  do- 
mestic, manufacturing,  fire  and  other  purposes,  on  such 
terms  and  conditions  as  they  may  mutually  agree  upon. 

Section  2.  The  said  fire  district,  for  the  purposes  May  take 
aforesaid,  may  take  by  purchase  or  otherwise,  and  hold  Zia%luL7^ic. 
the  waters  of  any  ponds,  springs,  stieams,  artesian  or 
driven  wells  or  filter  galleries  within  the  limits  of  said 
town  of  Norton,  and  the  water  rights  and  water  sources 
connected  therewith  ;  also  the  waters  of  Wading  river  and 
the  tributaries  thereof,  or  of  any  springs,  wells  or  other 


78 


Acts,  1895.  — Chap.  82. 


Pro\'lso. 


May  take  Innde, 
etc. 


May  dig  Tip 
ways  under 
direction  of 
selectmen. 


Description  of 
lands,  etc.,  to 
be  recorded. 


DamagcB. 


ground  water  sources  on  the  watershed  of  said  river  and 
its  tributaries  :  j^^'ovided,  nevertheless,  that  before  said  lire 
district  enters  upon  the  actual  work  of  construction  of  a 
system  of  water  works  the  water  commissioners  thereof 
shall  submit  to  the  state  board  of  health  their  plans  for 
obtainiuii'  a  supply  of  water  from  any  of  the  al)()ve-named 
sources  and  obtain  from  the  state  board  of  health  written 
approval  of  the  same.  The  said  tire  district  may  also  take 
and  hold  by  purchase  or  otherwise  all  lands,  riiihts  of  way 
and  easements  necessary  for  holding  and  preserving  such 
water  and  for  conveying  the  same  to  any  jiart  of  said 
town  of  Norton  ;  and  may  erect  on  the  land  thus  taken  or 
held  proper  dams,  buildings,  fixtures  and  other  structures, 
and  may  make  excavations,  procure  and  operate  machin- 
ery, and  provide  such  other  means  and  appliances  as  may 
be  necessary  for  the  establishment  and  maintenance  of 
complete  and  efiective  water  works ;  and  may  construct 
and  lay  down  conduits,  pipes  and  other  works  under  or 
over  any  lands,  water  courses,  railroads  or  public  or  private 
ways,  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of 
this  act,  said  fire  district  may  dig  up  any  such  lands,  and, 
under  the  direction  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,  Avithin  sixty  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  registry  district  in  which  the  same  are 
situated  a  description  thereof  sufficiently  accurate  for  iden- 
tification, with  a  statement  of  the  })urpose  for  which  the 
same  were  taken,  signed  by  the  water  commissioners  here- 
inafter provided  for. 

Section  4.  Said  fire  district  shall  be  liable  to  pay  all 
damages  to  property  sustained  by  any  person  or  corpora- 
tion l)y  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  afore- 
said, and  unable  to  airree  with  the  said  fire  district  upon 


Acts,  1895.  — Chap.  82.  79 

the  amount  of  such  damages,  may  have  them  assessed  in 
the  manner  provided  by  law  witli  respect  to  land  taken. 
Any  person  or  corporation  whose  water  rights  are  thus 
taken  or  affected  may  apply  as  aforesaid  at  any  time 
within  three  years  from  the  time  the  water  is  actually 
withdrawn  or  diverted,  and  not  thereafter. 

Section  5.     The  said  tire  district  may,  for  the  purpose  Norton  Fire 

,.  •  ji  1     1-    1  •!•;••  1    District  Water 

01  paynig  the  necessary  expenses  and  liabilities  mcurred  Loan. 
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,  Norton  Fire  Dis- 
trict Water  Loan,  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  date  of  issue, 
shall  l)ear  interest  payal)le  annually  at  a  rate  not  exceed- 
ing six  per  cent,  per  annum,  and  shall  be  signed  by  the 
treasurer  of  the  tire  district  and  countersigned  by  the 
water  commissioners  of  said  fire  district.  The  said  fire 
district  may  sell  such  securities  at  public  or  private  sale 
at  not  less  than  par,  or  pledge  the  same  for  money  bor- 
rowed for  the  purposes  of  this  act,  upon  such  terms  and 
conditions  as  it  may  deem  proper. 

Section  6.  Said  tire  district  shall  establish  a  sinking  sinking  fund, 
fund  and  shall  annually,  after  five  years  from  the  accept- 
ance of  this  act  by  said  fire  district,  contribute  to  such 
fund  a  sum  sufficient  with  the  accumulations  to  pay  the 
principal  of  said  loan  at  maturity.  The  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose :  provided.  Proviso. 
that  the  said  town  or  tire  district  may,  instead  of  estab- 
lishing said  sinkiug  fund,  pay  the  principal  of  said  loan 
by  annual  instalments  not  exceeding  the  sum  of  two  thou- 
sand dollars  in  one  year.  The  said  fire  district  shall 
assess  and  collect  upon  the  estates,  real  and  personal,  in 
said  tire  district,  by  taxation,  a  sum  which  with  the  in- 
come derived  from  the  water  rates  will  he  sufficient  to  pay 
the  current  annual  expenses  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. 

Section  7,     The  town  of  Norton   may,  upon   a   two  Town  of  Norton 
thirds  vote  of  the  legal  voters  present  and  voting  thereon  l^liymeniof 
at  a  legal  town  meeting  called  for  the  purpose,  guarantee  ^°"'^*" 


80 


Acts,  1895.  — Chap.  82. 


Penalty  for 
corruption  of 
water,  etc. 


Water 

coraniissioners, 
election,  term, 
etc. 


To  he  trnsteoB 
of  einking  fund. 


Vacancy. 


Subject  to 
acceptance  by  a 
two  thirds  vote. 


tbe  payment  of  said  bonds,  notes  or  scrip,  provided  such 
meeting  is  held  within  one  year  from  the  acce})tauce  of 
this  act  l)y  said  fire  district. 

Section  8.  AVhoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  water  taken  under  this  act, 
or  destroys  or  injures  any  dam,  conduit,  hydrant,  machin- 
ery or  other  works  or  property  held,  owned  or  used  by 
said  tire  district  under  the  authority  of  and  for  the  pur- 
poses of  this  act,  shall  forfeit  and  pay  to  the  said  fire  dis- 
trict three  times  the  amount  of  damage  assessed  therefor, 
to  be  recovered  in  an  action  of  tort ;  and  on  conviction 
of  any  of  the  acts  aforesaid  may  l)e  })unished  by  a  fine 
of  not  less  than  twenty  nor  more  than  three  hundred  dol- 
lars, or  by  imprisonment  in  jail  not  exceeding  one  year, 
or  both  such  tine  and  imprisonment. 

Section  9.  At  the  meeting  of  said  fire  district  called 
for  the  acceptance  of  this  act,  or  at  any  legal  meeting 
called  for  the  purpose,  three  persons  shall  be  elected  by 
ballot  who  shall  exercise  all  the  rights,  powers  and  privi- 
leges herein  granted,  subject  however  to  instructions  and 
directions  of  the  fire  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  fire  district  meeting  to  serve  for  the  term  of  three 
years.  Said  board  of  commissioners  shall  be  trustees  of 
the  sinking  fund  herein  provided  for,  and  shall  have 
charge  of  the  water  Morks  and  may  fix  the  i)rice  of  rent 
for  the  use  of  water  and  may  exercise  all  the  rights, 
powers  and  authority  granted  to  said  fire  district  by  this 
act  relative  to  such  duties,  subject  however  to  such  in- 
structions, rules  and  regulations  as  said  district  may 
impose  by  its  vote.  A  majority  of  said  board  of  com- 
missioners shall  constitute  a  quorum  for  the  transaction  of 
business  relative  to  said  water  works  and  sinking  fund. 
Any  vacancy  occurring  in  said  board  of  commissioners 
from  any  cause  may  be  filled  l)y  said  fire  district  at  any 
legal  fire  district  meeting,  for  the  unexpired  term. 

Section  10.  This  act  shall  take  eflect  upon  its  pas- 
sage, but  no  expenditure  shall  be  made  or  liability  incurred 
under  the  same  except  for  preliminary  surveys  and  esti- 


Acts,  1895.  — Chaps.  83,  84.  81 

mates,  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  estaljlishment  and  organiza- 
tion of  said  fii'e  district  in  said  town ;  and  the  number  of 
said  meetings  called  for  that  purpose  in  any  one  year  shall 
not  exceed  two.  Approved  February  28,  1895. 


Chap.  83. 


An  Act  to  change  the  name  of  the  third  religious  society 

in  longmeadow. 
Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     The  name  of  the  Third  Religious  Society  Name  changed. 
in  Lougmeadow  is  hereby  changed  to  the  First  Conore- 
gationai  Society  in  East  Longmeadow. 

Section  2.     All    gifts,    grants,   bequests  and  devises  Gifts, bequests, 
heretofore  or  hereafter  made  to  said  corporation  by  either  ***'* 
of  said    names    shall   vest   in   the    First    Congregational 
Society  in  East  Longmeadow. 

Section  3.     This  act  shall  take  effect  upon  its  passao-e. 

Approved  March  1,  1893. 


Chap.  84. 


An  Act   to   incorporate  the  new  England  branch  of  the 

M'OMAN'S      foreign      missionary     society     of     the     METHODIST 
EPISCOPAL   church. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Lucy  A.  Alderman,  Lucia  Ao  Parkhurst,  New  England 
Pauline  J.  AValden,  Louise  M.  Hodo-kins,  Clara  M.  Cush-  woman°sFor- 
man,  Mary  E.  Holt,  Lucy  P.  Nichols,  their  associates  and  iSy^nh^ 
successors,  are  hereby  made  a  corporation  by  the  name  of  ^3°churfh^''' 
the  New  England  Branch  of  the  Woman's  Foreign  Mis-  incorporated.' 
sionary  Society  of  the  Methodist  Episcopal  Church,  for 
the  purpose  of  engaging  and  uniting  the  efibrts  of  chris- 
tian   women    in    sending    women  as    missionaries   to  the 
women  in  foreign  mission  fields  of  the  Methodist  Episco- 
pal church,  and  in   supporting  them  and  native  christian 
teachers  and  bible   readers  in  those  fields;  with   all    the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabil- 
ities and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  may  hereafter  be  in  force  relating  to  corpora- 
tions   organized    under   the    provisions    of    chapter    one 
hundred    and    fifteen  of  the  Public    Statutes  and  acts  in 
amendment  thereof  or  in  addition  thereto,  so  far  as  the 
same  may  be  applicable. 


82 


Acts,  1895.  — Chaps.  85,  86. 


Chap.  85. 


May  incur 
indebtedneBS 
beyon.i  debt 
limit,  etc. 


fnd'p'^rlonar'         Section  2.     Said  corporation  shall  have  power  to  hold 
estate.  rcal  and  personal  estate  for  the   purposes  aforesaid  to  an 

amount  not  exceedinij  two  hundred  thousand  dollars. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  3Tarch  1, 1893. 

An  Act  to  authorize  the  city  of  FiTcniiUR&  to  ixcur  m- 

PEI-.TEDXESS     liEYOND    THE    LIMIT    FIXED    BY    LAW,    FOR    SCHOOL 
PURPOSES. 

Be  it  enacted^  etc.,  asfolloios: 

Section  1.  The  city  of  Fitchburg,  for  the  purpose  of 
completing  its  new  high  school  building  and  laying  out 
the  grounds  connected  therewith,  may  incur  indebtedness 
to  the  amount  of  fifty  thousand  dollars,  by  the  issuing  of 
its  bonds,  notes  or  scrip,  payal^le  in  thirty  years  from  the 
date  of  their  issue,  and  bearing  interest  payable  semi- 
annually at  a  rate  not  exceeding  four  percent,  per  aimum. 

Section  2.  The  indebtedness  incurred  under  this  act 
shall  not  be  considered  or  reckoned  in  determining  the 
authorized  limit  of  indebtedness  of  the  city  of  Fitchburg 
under  the  provisions  of  section  four  of  chai)ter  twenty- 
nine  of  the  Public  Statutes  and  acts  in  amendment  thereof. 

Section  3.  Except  as  herein  otherwise  ])rovided  the 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes 
and  of  cha})ter  one  hundred  and  twenty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  eightv-four  shall  apj)ly  to 
the  issue  of  such  bonds,  notes  or  scrip,  and  to  tiic  estab- 
lishment of  a  sinking  fund  for  the  payment  thereof  at 
maturity. 

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

Approved  March  2,  1S95. 

Cluip.  86.  An  Act  to  authorize  the  town  oe  russell  to  make  by-laws 

AND  regulations  FOR  THE  USE  OF  ITS  HIGHWAYS. 

Be  it  enacted,  etc.,  asfolloics: 

Section  1.  The  town  of  Eussell  may  from  time  to  time 
establish  reasonable  by-laws,  subject  to  the  approval  of 
the  superior  court  or  any  justice  thereof,  as  now  provided 
l)y  law,  to  regulate  the  use  of  and  prevent  injury  to  the 
highways,  town  ways,  causeways  and  bridges  within  its 
limits  which  said  town  is  required  by  law  to  keep  in 
repair,  and  may  annex  penalties  not  exceeding  twenty 
dollars  for  each  violation  of  any  by-law  so  established. 

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

Approved  March  2,  1S95. 


Not  to  be 
considered  in 
determining 
debt  limit. 


P.  S.29  and 
1884,  V29  to 
apply,  etc. 


May  make 
by-laws  regu- 
lating use  of 
highways,  etc 


Acts,  1895.  — Chaps.  87,  88,  89.  83 


Aia  Act  to  authorize  the  town  of  blandfop.d  to  mvke  by-  nhart  87 

LAAVS   AKD   REGULATIONS   FOR   THE   USE   OF  ITS   HIGHWAYS. 

Be  it  enacted,  etc. ,  as  follows : 

Sectiox  1 .     The  town  of  Blandford  may  from  time  to  May  make 
time  establish  reasonable  by-laws,  subject  to  the  approval  iaVing\t8e^or 
of  the  superior  court  or  an}^  justice  thereof,  as  now  pro-  '^'s'^^'^i^'  ^^''• 
vided  by  law,  to  regulate  the  use  of  and  prevent  injury  to 
the  highways,  town  ways,  causeways  and  bridges  within 
its  limits  which  said  town  is  required  1)}'  law  to  keep  in 
repair,    and  may  annex  penalties  not  exceeding   twenty 
dollars  for  each  violation  of  any  Ijy-law  so  estal)lished. 

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

Approved  March  2,  1895. 

An  Act  to  remove  the  restrictions  upon  shad  and  ale  wife  nj^r.y.  QQ 

FISHING  IN   THE   MERRIMAC   RIVER.  ^  ' 

Beit  enacted,  etc.,  asfoUoivs: 

Section  1.     All  provisions  of  law  relative  to  the  taking  Fishiugin 

/•IT  1         •  •        J.I         A  T         •  •  i"  J.I      ''    Merrimac  river. 

ot  shad  or  alewives  in  the  Merrimac  river,  so  tar  as  they 
relate  to  the  taking  of  fish  in  any  part  of  said  river  where 
the  tide  ebbs  and  flows,  or  the  selling  of  fish  taken  in  that 
part  of  said  river,  are  hereb}^  repealed  :  provided,  however.  Proviso. 
that  w^hoever  uses  in  that  part  of  said  river  a  gill-net  of 
any  description,  or  a  sweep  seine  having  a  mesh  which 
stretches  less  than  two  and  a  quarter  inches,  shall  forfeit 
twenty-five  dollars  for  each  offence  and  in  addition  shall 
forfeit  the  fish  taken  and  the  apparatus  used. 

Section  2.     It  shall  be  unlawful  to  take  shad  in  the  Takineofshad 
IMerrimac  river  in  any  manner  between  the  first  day  of 
July  in  any  year  and  the  first  day  of  April  in  the  succeed- 
ing year. 

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

[_This  bill,  returned  by  the  Governor  to  the  House  of  Repre- 
sentatives, the  branch  in  icliich  it  originated,  ivith  his  objections 
thereto,  loas  passed  by  the  House  February  21,  and,  in  concur- 
rence, by  the  Senate  February  28,  the  objections  of  the  Governor 
notwithstanding,  in  the  manner  pirescribed  by  the  Constitution ; 
and  thereby  has  the  '•'•  force  of  a  law."'] 


restricted. 


An  Act  to  provide  for  the  recounting  of  votes  upon  the  nfid^^   gQ, 

QUESTION  OF  GRANTING  LICENSES  FOR  THE  SALE  OF  INTOXICATING 
liquors,   in   towns   VOTING   BY   PRECINCTS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Section  two  of  chapter  one  hundred  and  ameoded  ^^' 
thirty-two  of  the  acts  of  the  year  eighteen  hundred  and 


84 


Acts,  1895.  — Chap.  90. 


Canvass  of 
retiuus  in 
towns  voting 
by  precincts. 


Recoutiting  of 
votes,  etc. 


ninety-four  is  hereby  amended  by  inserting  in  the  twelfth 
line,  after  the  word  "officers",  the  words:  —  or  for  the 
recounting  of  votes  cast  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors,  —  so  as  to  read 
as  follows  :  —  Section  2.  The  town  clerk,  upon  receipt 
of  the  returns  from  the  several  precincts,  shall  forthwith, 
in  conjunction  with  the  board  of  registrars  of  voters,  can- 
vass 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  herel\v  made  api)li- 
ca1)le  to  elections  held  under  this  act,  in  so  far  as  the  same 
is  not  inconsistent  therewith.  Petitions  for  the  recount- 
ing of  votes  cast  for  any  officer  or  officers,  or  for  the 
recounting  of  votes  cast  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors,  shall  be  made 
to  the  1)oard  of  registrars  of  voters,  who  shall  conduct  the 
recount  in  conformity  %vith  the  provisions  and  require- 
ments of  the  laws  relating  thereto  and  shall  have  all  the 
powers  and  duties  of  a  moderator  in  like  cases.  Nothing 
in  this  act  shall  l)e  construed  as  authorizing  precinct  voting 
in  special  elections  of  town  officers  to  till  a  vacancy  or 
otherwise. 

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

Apjyroved  March  6,  lS9o. 


ChCtn.  90.   ^^   -^^'^   '^^   ESTABLISH  THE  POLLS    AND   ESTATES   OF  THE   SEVERAL 
CITIES   AND  TOWNS  IN  THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follorcs: 
Basis  of  appor-        SECTION  1.     The  uumbcr  of  poUs,  the  amouut  of  prop- 

tionment  of  .  _  ^  '       ,  i     i     11  /• 

state  and  county  ci'ty,  and  the  propoi'tiou  of  every  one  thousand  dollars  ot 
state  tax,  including  polls  at  one  tenth  of  a  mill  each,  for 
each  city  and  town  in  the  several  counties  of  the  Common- 
wealth, as  contained  in  the  schedule  hereunto  annexed,  are 
herein'  established,  and  shall  constitute  a  basis  of  appor- 
tionment for  state  and  county  taxes  until  another  is  made 
and  enacted  by  the  legislature,  to  wit ;  — 


Acts,  1895.  — Chap.  90. 


85 


Polls,  Property  and  Apportionment  of  State  and  County  Tax 

of  $1,000. 


BARNSTABLE   COUNTY. 


Barnstable 
county. 


Tax  of  81,000, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Barnstable,     .... 

1,055 

$4,095,312  00 

H  54 

Bourne,  . 

469 

1,775,794  00 

67 

Brewster, 

262 

626,264  00 

25 

Chathau), 

555 

921,746  00 

38 

Dennis,   . 

774 

1,680,954  00 

67 

Eastham, 

161 

294,314  00 

12 

Falmouth, 

812 

6,735,740  00 

2  45 

Harwich, 

723 

1,204,051  00 

50 

Mashpee, 

87 

182,817  00 

07 

Orleans,  . 

348 

703,466  00 

28 

Provincetown, 

1,400 

2,202,299  00 

91 

Sandwieli, 

418 

985,988  00 

39 

Truro,     , 

231 

849,454  00 

15 

Wellfleet, 

286 

791,491  00 

31 

Yarmouth, 

524 

8,105 

2,250,527  00 

84 

Total,       . 

$24,800,217  00 

$9  53 

BERKSHIRE   COUNTY. 


Berkshire 
county. 


Adams, 

1,757 

?3,893,705  00 

U  o4 

Alford,    . 

90 

222,393  00 

09 

Becket,    . 

294 

454,897  00 

19 

Cheshire, 

323 

763,530  00 

30 

Clarksburg,    . 

244 

222,584  00 

10 

Dal  ton,    . 

753 

8,120,474  00 

1  17 

Egremont, 

245 

456,925  00 

19 

Florida,  . 

115 

167,600  00 

07 

Great  Barrington,  . 

1,399 

8,785,610  00 

1  47 

Hancock,         , 

117 

364,811  00 

14 

Hinsdale, 

455 

742,785  00 

31 

Lanesborough, 

258 

512,552  00 

21 

Lee, 

1,000 

1,814.415  00 

74 

Lenox,    . 

607 

3,202,626  00 

1  19 

Monterey, 

138 

233,423  00 

10 

Mount  Washington, 

34 

79,650  00 

03 

New  Ash  ford. 

44 

67,538  00 

03 

New  Marlborough, 

369 

561,006  00 

23 

North  Adams, 

5,062 

7,472,769  00 

3  13 

86 


Acts,  1895.  — Chap.  90. 


Berkshire 

BERKSHIRE  COUNTY- 

—  COXCLUDED. 

county. 

Tnx  of  $1,000, 

Includg  Tolls 

TOWNS. 

rolls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Otis, 

147 

$212,446  00 

fO  09 

Peru, 

81 

116,155  00 

05 

Pittsfieia, 

5,251 

13,829,415  00 

6  38 

Kichmond, 

175 

360,057  00 

14 

Sandisfield,     . 

218 

346,117  00 

14 

Savoy,     . 

152 

163,716  00 

07 

Shellield, 

486 

891,364  00 

36 

Stockbridge,  . 

614 

3,373,341  00 

1  24 

Tyringham,    . 

107 

211,368  00 

09 

"Washington,  . 

123 

197,176  00 

08 

West  Stockbridge, . 

871 

555,368  00 

23 

Williamstown, 

1,029 

2,586,645  00 

1  01 

AViudsor, 

152 

192,529  00 

08 

Total,       .... 

22,110 

$51,174,990  00 

$20  19 

Bristol  county. 

BRISTOL  COUNTY. 

Acushnet,        .... 

247 

$652,855  00 

$0  25 

Attloborough, 

2,273 

4,590,443  00 

1  84 

Berkley,. 

265 

440,047  00 

18 

Dartmouth,     . 

795 

2,843,669  00 

•    1  08 

Dighton, . 

479 

829,301  00 

34 

Easton,   . 

1,334 

6,398,265  00 

2  03 

Fairhavcn, 

578 

2,091,118  00 

79 

Fall  River,      . 

22,421 

64,451,357  00 

24  88 

Freetown, 

365 

915,159  00 

36 

!Manslield, 

872 

1,820,489  00 

73 

New  Bedford,. 

13,080 

64,957,834  00 

20  61 

North  Attleboroug 

h, 

1,726 

4,062,986  00 

1  60 

Norton,   . 

405 

832,711  00 

33 

Ray  n  ham. 

400 

914,394  00 

36 

Keholx^th, 

450 

732,066  00 

30 

Seekonk, 

321 

905,852  00 

35 

Somerset, 

518 

1,084,939  00 

43 

Swanzey, 

427 

873,764  00 

35 

Taunton, 

7,160 

20,687,637  00 

7  98 

West  port, 

683 

1,597,622  00 

63 

Total, 

• 

• 

54,799 

$170,682,508  00 

$65  42 

Acts,  1895.  — Chap.  90. 


87 


COITNTY  OF  DUKES  COUNTT. 


Dukes  county. 


Tax  of  Sl.OOO, 

includ'g  Polls 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
ofa  mill  each. 

Chilmark,        .         .         .         , 

ni 

8228,379  00 

$0  09 

Cottage  City, 

262 

1,532,797  00 

56 

Edgartown, 

860 

754,607  00 

30 

Gay  Head, 

37 

23,561  00 

01 

Gosnold, . 

38 

217,661  00 

08 

Tisbury, . 

309 

854,537  00 

33 

West  I'isbury, 

159 

407,668  00 

16 

Total,       .... 

1,276 

$4,019,210  00 

?1  53 

ESSEX  COIIN 

rxY. 

Essex 

county 

Aiuesbury,      .... 

2,508 

$5,222,635  00 

m  09 

Andover, 

1,311 

5,214,481  00 

1  96 

Beverly, . 

3,363 

15,528,835  00 

5  79 

Box  ford, 

202 

665,823  00 

25 

Bradford, 

1,259 

2,768,323  00 

1  10 

Danvers, 

2,041 

4,553,926  00 

1  80 

Essex,     . 

474 

997,068  00 

40 

Georgetown, 

616 

1,040,850  00 

43 

Gloucester, 

7,830 

16,280,009  00 

6  50 

Groveland, 

640 

968,260  00 

40 

Hamilton, 

278 

1,142,320  00 

43 

Harferhill, 

8,654 

21,510,129  00 

8  42 

Ipswich, . 

1,135 

3,039.091  00 

1  18 

Lawrence, 

12,780 

34,163,902  00 

13  28 

Lynn, 

18,491 

51,141,478  00 

19  81 

Lynntield, 
Manchester, 

228 

612,497  00 

24 

477 

7,940,051  00 

2  84 

Marblehead, 

2,386 

5,891,218  00 

2  31 

Merriniac, 

649 

1,347,896  00 

54 

Methuen, 

1,459 

3,610,587  00 

1  41 

Middleton, 

231 

528,960  00 

21 

Nahant,  . 

230 

6,516,599  00 

2  31 

Newbury, 

402 

1,114,148  00 

43 

Newburyport, 

3,830 

11,678,434  00 

4  49 

North  Andover, 

1,037 

3,560,455  00 

1  35 

Peabody, 

3,068 

8,039,864  00 

3  13 

Rockport, 

1,245 

2,662,805  00 

1  06 

Rowley,  .        . 

396 

673,943  00 

28 

Salem,     . 

9,351 

30,649,889  00 

11  70 

Salisbury, 

376 

642,066  00 

26 

Saugus,  . 

1,250 

2,989,300  00 

1  18 

Swampscott,  .... 

785 

6,201,484  00 

2  26 

88 


Acts,  1895.— Ghap.  90. 


EsEes  county. 


ESSEX  COUNTY  — Concluded. 


TOWNS. 

roiu. 

Property. 

Tax  of  $1,000, 
includ'g  Tolls 
at   one   tenth 
of  a  mill  each. 

Topsfield,        .... 
Wenham,        .... 

West  Newbury, 

270 
270 
635 

90,057 

$920,108  00 
698,745  00 
974,912  00 

$0   35 

27 
40 

Total,       .... 

$261,480,591  00 

$100  86 

Franklin 
county. 


FRANKLIN  COUNTY. 


Ashfiekl,          .... 

290 

$508,436  00 

$0  21 

Bernardstou, 

224 

419,256  00 

17 

Bucklaiid, 

477 

533,343  00 

24 

Charlemont,   . 

318 

357,142  00 

16 

Col  rain,  . 

392 

672,702  00 

24 

Conway, . 

369 

716,878  00 

29 

Deerfield, 

843 

1,651,648  00 

66 

Erving,   . 

288 

385,074  00 

16 

Gill, 

225 

472,409  00 

19 

Greenfield, 

1,825 

6,552,156  00 

2  13 

Hawlcy, . 

169 

147,522  00 

07 

Heath,     . 

146 

189,200  00 

08 

Lcverett, 

222 

284,362  00 

12 

Leyden,  . 

97 

166,871  00 

07 

Monroe,  . 

106 

144,973  00 

06 

Montague, 

1,709 

3,680,027  00 

1  46 

New  Salem, 

211 

295,864  00 

13 

Northfield, 

492 

968,396  00 

39 

Orange, 

1,694 

4,095,673  00 

1  61 

Rowe, 

240 

213,969  00 

10 

Shelburne, 

421 

942,142  00 

37 

Shutesbury, 

133 

165,457  00 

07 

Sunderland, 

226 

423,678  00 

17 

"Warwiek, 

172 

321,905  00 

13 

Wendell, 

154 

236,648  00 

10 

AVhately, 

264 

478,232  00 

19 

Total, 

11,707 

$23,923,963  00 

$9  57 

ITampden 
county. 


Agawam, 

Blandl'ord, 

Brimfield, 


HAMPDEN    COUNTY. 


$1,356,958  00 
452,922  00 
416,221  00 


54 
18 
17 


Acts,  1895.  — Chap.  90. 


89 


HAMPDEN  COUNTY  — Concluded. 


Hampden 
county. 


Chester,  . 
Cliicopee, 
East  Longmeadow 
Granville, 
Hampden, 
Holland,. 
Holyoke, 
Longmeadow, 
Ludlow,  . 
Monson,  . 
Montgomery, . 
Palmer,  . 
Russell,  . 
Southwick, 
Springfield,     . 
Tolland. . 
Wales,     . 
Westtield, 
West  Springfield, 
Wilbraham,    .     . 

Total,       . 


Property. 


445 

3,855 

453 

255 

200 

49 

9,982 

141 

577 

983 

75 

1,712 

217 

267 

14,623 

80 

216 

2,873 

1,540 

381 

40,046 


$625,789  00 

8,344,496  00 

653,383  00 

351,664  00 

406,592  00 

88,598  00 

28,128,968  00 

665,492  00 

1,048,676  00 

2,000,377  00 

142,781  00 

2,807,387  00 

614,558  00 

539,604  00 

62,662,605  00 

139,253  00 

276,217  00 

8,207,399  00 

4,256,951  00 

852,112  00 


$124,939,003  00 


Tax  of  $1,000, 
includg  Polls 
at  one  tenth 
of  a  mill  each. 


$0  26 

3  32 

28 

15 

16 

04 

10  88 

25 

43 

80 

06 

1  16 

20 

22 

23  47 

06 

12 

3  17 

1  65 

34 


§47  91 


HAMPSHIRE  COUNTY. 


Hampshire 
county. 


Amherst,         .... 

1,093 

$3,317,623  00 

11  27 

Belchertown,  . 

575 

859,606  00 

86 

Chesterfield,   . 

184 

295,206  00 

12 

Cumraington, 

195 

306,388  00 

13 

Easthamp  on, 

1,020 

2,568,333  00 

1  00 

Enfield,  . 

298 

833,252  00 

32 

Goshen,  . 

81 

138,494  00 

06 

Gran  by,  . 

218 

467,108  00 

19 

Greenwich,     . 

139 

268,473  00 

11 

Hadley,  . 

531 

1,032,579  00 

42 

Hatfield, . 

447 

1,057,109  00 

42 

Huntington,    . 

344 

518,720  00 

22 

Middlefiekl,     . 

108 

244,384  00 

10 

Northampton, 

3,751 

10,838,876  00 

4  18 

Pel  ham,  . 

112 

176,209  00 

07 

Plain  field. 

141 

169,065  00 

07 

Prescott, 

126 

166,114  00 

07 

Southampton, 

281 

600,035  00 

20 

South  Hadley, 

1,096 

2,352,990  00 

94 

90 


Acts,  1895. —  Chap.  90. 


Hampshire 
county. 


HAMPSHIRE  COUNTY  —  Concluded. 


Tax  of  $1,000, 

Includ'g  Polls 

TOWXS. 

rolls. 

Property. 

at  one    tenth 
of  a  mill  each. 

Ware, 

1,725 

$4,560,288  00 

$1  77 

Westham])ton, 

129 

255,805  00 

10 

Williamsburg, 

613 

936,398  00 

33 

Worthiugtou,. 

Total,       .... 

199 

302,171  00 

13 

13,306 

^32,165,226  00 

$12  63 

Middlesex 

MIDDLESEX  COUNTY. 

county. 

Acton,     ..... 

645 

$1,523,382  00 

$0  60 

Arlington, 

1,847 

8,627,557  00 

3  22 

Ashby,  ^  . 

273 

515,983  00 

21 

Ashland, 

580 

1,220,473  00 

49 

Ayer, 

655 

1,382,221  00 

65 

Bedford, . 

307 

1,015,381  00 

39 

Belmont, 

684 

4,092,193  00 

1  61 

Billerica, 

688 

2,070,301  00 

79 

Boxborough,  , 

97 

239,607  00 

09 

Burlingtt)!!,     . 

173 

522,284  00 

20 

Cambridge,     . 

22,172 

82,498,034  00 

31  20 

Carlisle, . 

141 

346,868  00 

14 

Chelmsford,   . 

884 

2,104,617  00 

83 

Concord, 

1,132 

4,458,719  00 

1  68 

Dracut,    . 

655 

1,732,296  00 

67 

Dunstable, 

127 

311,549  00 

12 

Everett,  . 

4,786 

12,640,393  00 

4  92 

Framingham, 

2,557 

9,903,726  00 

3  73 

Groton,   . 

553 

3,166,983  00 

1  17 

Ilolliston, 

915 

1,716,820  00 

69 

IIoi)kinton, 

1,011 

2,110,120  00 

84 

Hudson,  . 

1,580 

2,938,818  00 

1  19 

Lexington, 

1,032 

4,349,474  00 

1  63 

Lincoln, . 

312 

2,517,177  00 

92 

Littleton, 

354 

902,451  00 

35 

Lowell,   . 

22,744 

73,234,981  00 

28  00 

Maiden,  . 

8,204 

25,808,566  00 

9  89 

INLarl  borough. 

4,005 

8,288,390  00 

3  31 

Maynard, 

859 

2,140,616  00 

84 

Med  ford, 

3,756 

16,663,470  00 

6  23 

Melrose,. 

3,126 

10,296,245  00 

3  93 

Natick,    . 

2,515 

6,770,706  00 

2  28 

Newton,  . 

7,763 

49,969,044  00 

18  33 

North  Reading, 

242 

534,374  00 

21 

Pepperell, 

997 

2,061,145  00 

82 

Acts,  1895.  — Chap.  90. 


91 


MIDDLESEX  COUNTY  —  Concluded. 


Middlesex 
county^ 


Tax  of  SI, 000, 

Includ'g  Polls 

TOWNS. 

Foils. 

Property. 

at   one   tenth 
ofa  mill  each. 

Reading,          .... 

1,254 

$3,630,357  00 

$1   40 

Sherborn, 

259 

871,823  00 

33 

Shirley,  . 

336 

763,930  00 

30 

Somerville, 

14,061 

45,137,689  00 

17  26 

Stonehain, 

2,005 

4,039,538  00 

1  62 

Stow, 

281 

671,325  00 

26 

Sudbury, 

396 

1,234,040  00 

47 

Tewksbury, 

547 

1,539,958  00 

60 

Town  send. 

529 

1,202,566  00 

48 

Tyng-sborougli 

177 

416,495  00 

16 

Wakefield, 

2,268 

6,024,176  00 

2  34 

Waltham, 

5,784 

19,584,719  00 

7  46 

Watertown, 

2,058 

8,706,146  00 

3  26 

Way  land, 

546 

1,636,316  00 

63 

Westford, 

639 

1,371,118  00 

55 

Weston,  . 

511 

8,936,472  00 

1  43 

Wilmington, 

875 

925,839  00 

36 

Winchestei', 

1,585 

6,919,509  00 

2  59 

Woburn, . 

3,994 

9,918,199  00 

8  88 

Total, 

135,876 

$466,205,179  00 

$177  35 

Nantucket, 


NANTUCKET  COUNTY. 


857 


$3,188,568  00 


Nantucket 
county. 


?1  21 


NORFOLK  COUNTY. 


Norfolk  county. 


Avon, 

487 

$748,573  00 

$0  31 

Bellingham, 

373 

686,967  00 

28 

Braintree, 

1,380 

4,687,624  00 

1  78 

Brookline, 

4,163 

66,550,308  00 

23  79 

Canton,  . 

1,221 

4,565,732  00 

1  73 

Cohasset, 

644 

5,293,371  00 

1  92 

Dedham, 

1,909 

6,953,834  00 

2  63 

Dover,     . 

183 

1,066,258  00 

39 

Foxborough, 

822 

1,700,489  00 

68 

Franklin, 

1,287 

3,061,907  00 

1  20 

Holbrook, 

630 

1,360,223  00 

54 

Hyde  Park, 

2,900 

8,816,251  00 

3  39 

92 


Acts,  1895.  — Chap.  90. 


Norfolk  county 

NORFOLK  COUNTY - 

-  Concluded. 

Tax  of  $1,000, 

iiiclud'g  Polls 

TOWNS. 

Polls. 

Property. 

at  one  tenth 
of  a  mill  each. 

Medfield,         .... 

509 

11,471,940   00 

50  57 

Medway, 

814 

1,268,381  00 

53 

Millis,     . 

321 

873,013  00 

34 

Milton,    . 

1,370 

21,942,949  00 

7  85 

Needham, 

1,053 

2,929,563  00 

I  13 

Noi-folk, 

256 

529,472  00 

21 

Norwood, 

1,239 

3,155,985  00 

1  23 

Quincv,  . 

5,920 

17,487,205  00 

6  73 

Randolph, 

1,149 

2,361,035  00 

94 

Sharon,   . 

437 

1,727,971  00 

65 

Stoughton, 

1,514 

3,000,563  00 

1  21 

Walpole, 

751 

2,144,477  00 

83 

Wellesley, 

820 

7,343,634  00 

2  66 

"Weymouth,     . 

3,159 

6,884,005  00 

2  73 

Wrentham,     . 

727 

1,521,705  00 

61 

Total,       .... 

36,038 

$180,133,435  00 

$66  86 

Plymouth 

PLYMOUTH  CO 

UNTY. 

county. 

Abington,        .... 

1,301 

$2,468,574  00 

$1  00 

Bridgewater,  . 

1,059 

2,582,769  00 

1  01 

Brockton, 

9,428 

21,849,763  00 

8  62 

Carver,    . 

244 

876,839  00 

33 

Duxbury, 

520 

1,651,493  00 

63 

East  Bridgewater, 

888 

1,635,341  00 

66 

Halifax,  . 

155 

271,080  00 

11 

Hanover, 

576 

1,472,292  00 

68 

Hanson,  . 

393 

640,890  00 

26 

Hingham, 

1,195 

4,823,319  00 

1  81 

Hull, 

317 

2,872,017  00 

1  04 

Kingston, 

488 

1,775,581  00 

67 

Lakeville, 

248 

575,441  00 

23 

Marion,  . 

228 

861,824  00 

33 

Marsh  field,      . 

507 

1,386,437  00 

54 

Mattapoisett,  . 

287 

1,629,246  00 

60 

Middluborough, 

2,009 

4,278,576  00 

1  70 

Norwell, 

479 

1,103,898  00 

44 

Pembroke, 

375 

649,500  00 

27 

Plymouth, 

2,307 

6,857,403  00 

2  64 

Plympton, 

166 

311,776  00 

13 

Rochester, 

231 

559,007  00 

22 

Rockland, 

1,670 

8,062.888  00 

1  24 

Seituate, . 

654 

2,144,117  00 

82 

Acts,  1895.  — Chap.  90. 


93 


PLYMOUTH  COUNTY  —  Concluded. 


Plymouth 
county. 


TOWNS. 

rolls. 

Property. 

Tax  of  81,000, 
liicliKlg  Polls 
at  one  tentli 
ofa  mill  each. 

Wareham,       .... 
West  Bridgewater, 
Whitiuau,        .... 

672 

448 

1,728 

$2,192,462  00 
1,012,303  00 
3,668,107  00 

?0  84 

40 

1  46 

Total,       .... 

28,573 

$73,212,943  00 

128  58 

SUFFOLK  COUNTY. 


Suffolk  county. 


Boston, 

139,789 

$983,026,213  00 

$359  28 

Chelsea, 

8,796 

23,194,583  00 

9  03 

Revere, 

1,977 

6,907,342  00 

2  62 

AVinthrop,        .... 

919 

4,678,758  00 

1  74 

Total,       .... 

151,481 

$1,017,806,896  00 

$372  67 

WORCESTER  CO 

UNTY. 

■Worcester 
couuty. 

Ashburnham, .... 

574 

$1,063,210  00 

fO  43 

Athol,      . 

1,952 

3,752,054  00 

1  51 

Auburn,  . 

380 

555,570  00 

23 

Barre, 

632 

1,505,878  00 

69 

Berlin,     . 

Blackstone, 

251 
1,626 

495,011  00 
2,622,505  00 

20 

1  08 

Bolton,    . 

251 

480,574  00 

19 

Boylston, 

209 

518,472  00 

20 

Brookfield, 

945 

1,449,551  00 

60 

Charlton, 

558 

958,812  00 

89 

Clinton,  . 

8,013 

7,054,459  00 

2  78 

Dana, 

194 

298,486  00 

12 

Douglas, 

624 

1,055,890  00 

42 

Dudley,  . 

720 

1,074,024  00 

45 

Fitchburg, 

7,453 

20,427,431  00 

7  92 

Gardner, 

2,970 

4,925,271  00 

2  03 

Grafton, 

1,259 

2,453,759  00 

99 

Hardwick, 

700 

1,572,146  00 

62 

Harvard, 

337 

♦     1,058,891  00 

41 

Holden,  . 

624 

1,197,773  00 

48 

Hopedale, 

369 

2,841,825  00 

1  04 

Hubbardston, 

395 

675,277  00 

28 

94 


Acts,  1895.  — Chap.  90. 


Worcester 
couu'y. 


WORCESTER  COUNTY  —  Cokcluded. 


Tax  of  $1,000, 

liicluil't'  I'ollS 

TOWNS. 

rous. 

rropcrty. 

at  one  tenth 

of  amiUeaeh. 

Lancaster,       .... 

512 

$3,248,777  00 

?1  19 

Leicester, 

921 

2,409,034  00 

94 

Leominster,     . 

2,573 

5,755,738  00 

2  28 

Lunenburg,     . 

363 

794,684  00 

32 

!Mendon, . 

257 

564,103  00 

22 

Milford,  . 

2,742 

5,500,241  00 

2  21 

IMillbm'j, 

1,250 

2,367,223  00 

96 

Kew  Braintree, 

182 

437,824  00 

17 

Korlhborough, 

497 

1,318,040  00 

51 

Korthbriclge,  . 

1,367 

3,733,740  00 

1  45 

Korth  Brookfield, 

1,247 

1,919,334  00 

80 

Oakham, 

193 

334,308  00 

14 

Oxford,   . 

656 

1,324,882  00 

63 

Paxton,  . 

130 

281,865  00 

11 

Petersham, 

267 

655,076  00 

26 

rhillipston,     . 

142 

811.747  00 

12 

Princeton, 

301 

858,640  00 

33 

Koyalston, 

289 

627,124  00 

25 

Rutland, . 

289 

516,044  00 

21 

Shrewsbury-,  . 

393 

1,031,844  00 

40 

Southborougli, 

613 

1,684,270  00 

65 

Southbridge,  . 

1,547 

4,185,282  00 

1  63 

Spencer, . 

1,942 

4,202,356  00 

1  67 

Sterling, 

39^ 

876,911  00 

35 

Sturbridge,     . 

487 

964,159  00 

39 

Sutton,    . 

766 

1,324,877  00 

54 

Templeton,     . 

894 

1,351,273  00 

5Q 

Upton,     . 

534 

1,031,785  00 

43 

Ux  bridge. 

1,005 

2,295,283  00 

91 

"Warren, . 

1,214 

2,853,839  00 

1  12 

■\Vebster, 

1,936 

8,845,985  00 

1  54 

Westborough, 

1,291 

2,813,974  00 

1  12 

WestBoylston, 

801 

1,327,626  00 

55 

West  Brookfield, 

415 

845,405  00 

84 

Westminster, . 

424 

760,429  00 

31 

Winchendon,  . 

1,330 

2,303,508  00 

94 

Worcester, 

27,414 

95,507,651  00 

36  29 

Total, 

• 

83,509 

$220,201,780  00 

?85  69 

Acts,  1895.  — Chap.  91. 


95 


RECAPITULATION. 


Recapitulation 
by  counties. 


COUNTIES. 


Barnstable , 

Berkshire, 

Bristol,    . 

Dukes,     . 

Essex, 

Franklin, 

Hampden, 

Hampshire, 

Middlesex, 

Kantncket, 

Norfolk. . 

Plymouth, 

Suffolk.  . 

"Worcester, 

Total, 


8,105 

22,110 

64,799 

1,276 

90,057 

11,707 

40,046 

13,306 

135,876 

857 

36,038 

28,573 

151,481 

83,509 

677,740 


Property. 


Tax  of  $1,000, 
includ'g  Polls 
at  one  tenth 
of  a  mill  each. 


124,800,217  00 

51,174,990  00 

170,682,508  00 

4,019,210  00 

261,480,591  00 

23,923,963  00 

124,939,003  00 

32,165,226  00 

466,205,179  00 

3,188,568  00 

180,133,435  00 

73,212,943  00 

1,017,806,896  00 

220,201,780  00 


$2,653,934,509  00 


$9  53 
20  19 

65  42 
1  53 

100  86 

9  57 

47  91 

12  63 

177  35 

1  21 

66  86 
28  58 

372  67 
85  69 

f  1,000  00 


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

Approved  March  7,  1895. 


Ax  Act   to  incorporate  the  nantucket  central  railroad 

COMPANY. 


Chap.  91. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     Byron    B.    Johnson,   Henrj'  S.   Milton,  Nantucket 
Nathan  Warren,  Delmout  L.  Weeks,  Melviu  M.  Johnson,  roTd  company 
William  Colvard  Parker,   George   R.  Taber,   I.   James  ^■''^"'■P"^'''^'^- 
Stevens,  Ben],  W.  Gilbert,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Nan- 
tucket  Central   Railroad   Company,  with  the   power  to 
acquire,  hold,  use,  maintain  and  operate  the  railroads  and 
other  property,  rights  and  franchises,   or  any  of  them, 
now  1)6 longing  to  or  that  have  been  acquired  by  the  Nan- 
tucket Railroad  Company,  and  with  all  the  powers,  rights, 
immunities  and  franchises  which  have  been  granted  to  or 
held  by  said  last  named  company,  or  which  are  connected 
therewith  ;  and  with  all  the  powers  given  by  general  laws 
to  railroad  corporations  in  this  Commonwealth. 

Section  2.      The  affairs  of  said  corporation  shall  be  Directors, 
managed  by  a  board  of  not  less  than  five  nor  more  than  ^^"'"^*'  ®^*'*  - 


9G 


Acts,  1895.  — Chap.  92. 


DtrectorB, 
by-laws,  etc. 


Capital  Block, 
bonds,  etc. 


List  of  first 
board  of  direc- 
tors to  be  tiled. 


nine  directors,  the  number  to  be  fixed  hy  the  by-laws. 
Its  first  board  shall  l)e  chosen  by  the  above-named  incor- 
porators or  a  majority  of  them,  who  shall  also  ado])t  l)y- 
laws,  which  may  provide  as  to  the  election  and  Cjuulifica- 
tion  of  directors,  and  as  to  the  classification  of  directors 
and  their  term  of  ofiice,  and  may  provide  that  only  a 
minority  shall  be  elected  annually  ;  said  incorporators  or 
a  majority  of  them  shall  also  make  provision  as  to  filling 
vacancies  in  the  board,  and  otherwise  as  to  the  manage- 
ment of  the  aflairs  of  the  corporation  ;  and  may  adopt  any 
other  by-laws  which  shall  be  consistent  with  the  general 
laws  of  this  Commonwealth  and  the  provisions  hereof. 

Section  3.  The  capital  stock  of  said  corporation  shall 
be  fifty  thousand  dollars.  Said  corporation  may  issue 
bonds  for  its  corporate  purposes,  secured  by  mortgage  cf 
its  property  and  franchise.  Said  bonds  and  stock  shall  be 
issued  in  accordance  with  the  laws  of  this  Commonwealth 
relating  to  the  issue  of  bonds  and  stock  by  railroad  cor- 
porations, in  force  at  the  time  such  issue  is  made. 

Section  4.  The  corporation  hereby  created  may  begin 
business  upon  filing  with  the  secretary  of  the  Common- 
wealth a  list  of  its  first  board  of  directors  and  a  copy  of 
its  T)y-laws. 

Sectiox  5.     This  act  shall  take  efiect  upon  its  passage. 

Approved  March  7,  1895. 


Chcin.  92.   ^^    -^^"^    MAKING    APPROPRIATIONS    FOR   EXPENSES   OF  THE  MASSA- 
CHUSETTS  HIGHWAY   COMMISSION. 


Appropriations. 


HichwBy 
cominiesion, 
reut,  etc. 


Gierke. 


Be  it  enacted,  etc.,  as  foUoics: 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  state  highway  loan  fund, 
to  meet  expenses  of  the  INIassachusetts  highway  commis- 
sion for  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-five,  to 
wit :  — 

For  rent  of  office,  including  care,  heating  and  lighting 
the  same,  a  sum  not  exceeding  one  thousand  dollars,  this 
amount  being  in  addition  to  the  sum  heretofore  appro- 
priated for  rent  in  an  act  passed  the  present  year. 

For  the  salaries  of  clerks  and  such  clerical  assistance 
as  said  commission  may  find  necessary,  a  sum  not  exceed- 
ing five  thousand  dollars. 


Acts,  1895.  — Chaps.  93,  94,  95.  97 

For  the  salary  of  the  chief  engineer,  a  sum  not  exceed-  CMef  engineer. 
ing  three  thousand  dollars. 

For  incidental  and  contingent  expenses  of  said  commis-  incidental 
sion,  a  sum  not  exceeding  fifteen  hundred  dollars.  expenses. 

For  travelling  expenses  of  said  commission,  a  sum  not  J/pJuge"." 
exceeding  fifteen  hundred  dollars. 

For  expenses  in  connection  with  surveys  of  roads,  for  suneysof 
the  purpose  of  laying  out  and  building  state  highways,  a 
sum  not  exceeding  ten  thousand  dollars. 

Section  2.     This  act  shall  take  efi'ectupon  its  passage. 

Approved  March  7,  1895. 

An  Act  PROviDrxG  for  the  payment  of  postage  and  express-  (JJiaj).  93. 

AGE  ON  documents  SENT  TO  MEMBERS  OF  THE  GENERAL  COURT. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1 .     There  shall  l^e  allowed  and  paid  annually  Postage  and 
out  of  the  treasury  of  the  Commonwealth  a  sum  not  ex-  on^documentl!* 
ceeding  fifteen  hundred  dollars,  to  be  expended  by  the 
secretary  of  the  Commonwealth  for  the  purpose  of  paying 
postage  and  express  charges  on  legislative  and  other  docu- 
ments forwarded  to  members  of  the  general  court. 

Section  2.     Chapter  fifty-three  of  the  acts  of  the  year  Repeal. 
eighteen  hundred  and  eighty-nine  is  hereby  repealed. 

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

Ajyproved  March  7,  1895. 

An  Act  to  authorize  toavns  to  pay  the  tuition  of  children  QJinj)  94 

ATTENDING    CERTAIN    ACADEMIES   IN    TOWNS   IN   WHICH  THERE  IS  1  '  ' 

NO   HIGH   SCHOOL. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Any  town  in  which  a  high  school  is  not  Tuition  of  chii. 

'     i_    •         1      1      1    •  I'l  1  /•  1  t   •    ^  dren  in  certain 

maintained,  but  m  which  an  academy  ot  equal  or  higher  towns  having  no 
grade  is  maintained,  may  grant  and  vote  money  to  pay  ^'^*""'''°'''" 
the  tuition  of  children  residing  in  such  town  and  attend- 
ing such  academy :  jjrovided,  such  academy  is  approved  Proviso. 
for  that  purpose  by  the  state  board  of  education. 

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

Ajjj^roved  March  7,  1895. 

An  Act  to  extend  the  time  for  the  location  and  construc-  (JJkij)  95. 

TION   of  the   FITCHBURG  and   LEOMINSTER  STREET  RAILWAY.  ^  * 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Chapter  three  hundred  and  seventy-four  Time  extended. 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three 


98 


Acts,  1895.  — Chaps.  96,  97,  98. 


shall  not  bo  void  by  reason  of  the  failure  of  the  Fitchliurg 
and  Leominster  Street  Railway  Compan}'  to  locate  and 
construct  its  railway  within  the  time  fixed  by  section  six 
of  said  chapter. 

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

Approved  March  7,  1895. 


Report  of  attor- 
ney-geueral. 


(JJldj),  96.  ^^    ^^'^    PROVIDING    FOR   ADDITIONAL    COPIES    OF   THE   REPORT  OF 

THE   ATTORNEY-GENERAL. 

Be  it  enacted.^  etc.,  as  follows : 

Section  1.  There  shall  be  printed  for  the  use  of  the 
attorney-general  live  hundred  copies  of  his  report  in  addi- 
tion to  the  number  now  authorized  by  law. 

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

Approved  March  7,  1895. 

(JJiaj),  97.   ^^    ^^CT    RELATIVE   TO   THE   ERECTION  AND   ALTERATION   OF   BUILD- 
INGS IN   THE   CITY   OF   BOSTON. 


Erection,  etc., 
of  buildings  in 
<aty  of  Boston. 


Repeal. 


Chap.  98. 


Saugus  School- 
house  Loan. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  No  building  hereafter  erected  in  the  city 
of  Bo.ston  shall  be  occupied  above  the  second  story  by 
more  than  one  family,  unless  it  is  a  first  or  second  class 
building,  and  no  second  class  building  more  than  sixty- 
five  feet  iu  height  above  the  cellar  bottom,  or  third  class 
building  more  than  three  stories  in  height,  shall  be 
erected,  enlarged  or  altered,  and  occupied  as  a  lodging 
house,  tenement  house  or  dwelling  house,  unless  the  base- 
ment and  first  story  shall  be  constructed  in  the  manner 
provided  for  the  basement  and  first  story  of  first  class 
buildings,  under  section  twenty-three  of  chapter  four 
hundred  and  nineteen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-two. 

Section  2.  Section  one  hundred  and  six  of  said  chap- 
ter four  hundred  and  nineteen,  and  acts  or  i)arts  of  acts 
in  amendment  thereof,  are  hereby  repealed. 

Approved  March  7,  1895. 

An  Act  to  authorize  the  town  of  saugus  to  incur  indebted- 
ness BEYOND  THE  LIMIT  FIXED  BY  LAW,  FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Saugus,  for  the  purpose  of 
acquiring  land  for  a  schoolhouse  or  schoolhouses,  and  of 
erecting  and  furnishing  such  building  or  buildings,   may 


Acts,  1895.  — Chap.  99.  99 

incur  indebtedness  to  an  amount  not  exceeding  thirty-six 
thousand  dollars,  and  may  issue  negotiable  bonds,  notes 
or  certificates  of  indebtedness  therefor,  bearing  on  their 
face  the  words,  Sauo;us  Schoolhouse  Loan,  bearino-  inter- 
est  at  a  rate  not  exceeding  tour  per  cent,  per  annum. 
The  principal  of  said  bonds,  notes  or  certificates  of  indebt- 
edness shall  be  payable,  three  thousand  dollars  in  the  year 
nineteen  hundred  and  four,  and  a  like  sum  in  each  suc- 
ceeding year  until  the  whole  amount  of  said  indebtedness 
is  provided  for.  Said  town  may  sell  said  bonds,  notes  or 
certificates  of  indebtedness,  or  any  part  thereof,  at  public 
or  private  sale  :  iwovided^  that  the  same  shall  not  be  sold  Proviso. 
for  less  than  the  par  value  thereof. 

Section  2.     The  indebtedness  incurred  under  this  act  ^°' *?  ^® , . 

in  '11  i.T  ■•  considered  in 

shall  not  be  considered  or  reckoned  m  determining  the  determining 
authorized  limit  of  indebtedness  of  the  town  of  Saugus 
under  the  provisions  of  section  four  of  chapter  twenty- 
nine  of  the  Public  Statutes. 

Section  3.  The  provisions  of  section  nine  of  chapter  p.  s.  29,  §9,  and 
twenty-nine  of  the  Public  Statutes  relative  to  the  estab-  app"i'y?^' 
lishment  of  a  sinking  fund,  and  the  provisions  of  chapter 
one  hundred  and  thirty-three  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-two  relative  to  making 
annual  proportionate  payments,  shall  not  be  binding  upon 
the  town  of  Saugus  in  the  payment  of  the  indebtedness 
herein  provided  for. 

Section  4.  This  act  shall  take  effect  upon  its  accept-  J^ep ° '° '''^^ 
ance  by  a  majority  vote  of  the  voters  of  the  town  of 
Saugus  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  that  purpose  within  one  year  from  its 
passage,  but  the  number  of  meetings  so  called  shall  not 
exceed  three.  Ayi^roved  March  <9,  1895. 


An  Act  to  authorize  the  city  of  Cambridge  to  establish  ni^r,^  QQ 

HOSPITALS   FOR  DANGEROUS   DISEASES. 

Be  it  enacted.,  etc. ,  as  follovos : 

Section  1.  The  city  of  Cambridge  by  its  city  council,  ^e.^for^LSi 
from  time  to  time,  after  the  passage  of  this  act,  may  take  purposes. 
and  hold  by  purchase  or  otherwise  any  and  all  such  real 
estate  and  lands  within  said  city  as  it  may  deem  advisable, 
for  the  erection  and  establishment  thereupon  of  one  or 
more  hospitals  for  the  reception  of  persons  having  a  dis- 
ease dangerous  to  the  public  health. 


100 


Acts,  1895.  — Chap.  99. 


Description  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


Damages  may 
be  assessed  by 
jury,  etc. 


Sectiox  2.  The  said  city  sliall,  within  sixty  days  after 
the  taking  of  any  hinds  and  real  estate  as  aforesaid,  other- 
wise than  by  purchase  or  gift,  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  southern  district  of  the  county 
of  Middlesex  a  description  thereof  sufficiently  accurate  for 
identitication,  Avith  a  statement  of  the  })ur})ose  for  which 
the  same  were  taken,  which  statement  shall  be  signed  by 
the  mayor. 

Section  3.  Said  city  shall  l)e  liable  to  pay  all  damages 
sustained  by  any  persons  or  corporations  by  the  taking  of 
any  of  their  land,  real  estate  or  property,  for  the  purposes 
aforesaid.  If  any  person  sustaining  damage  as  aforesaid 
does  not  agree  with  said  city  upon  the  amount  of  said 
damage  he  may,  within  one  j'car  from  such  taking,  and 
not  afterwards,  apply  by  petition  for  an  assessment  of  the 
damage  to  the  superior  court  in  said  county  of  Middlesex. 
Such  petition  may  be  filed  in  the  clerk's  office  of  said 
court,  and  the  clerk  shall  thereupon  issue  a  summons  to 
the  said  city,  returnable  on  the  first  Monday  of  the  next 
month  after  the  expiration  of  fourteen  days  from  the  filing 
of  the  petition,  to  appear  and  answer  to  the  petition.  The 
summons  shall  be  served  fourteen  days  at  least  before  the 
day  at  which  it  is  returnable  by  leaving  a  copy  thereof 
and  of  the  petition,  certified  liy  the  officer  who  serves  the 
same,  with  the  clerk  of  said  city  ;  and  the  court  may, 
upon  default  or  hearing  of  said  city,  appoint  three  disin- 
terested i)ersons  who  shall,  after  reasonable  notice  to  the 
parties,  assess  the  damages,  if  any,  which  such  petitioner 
may  have  sustained  as  aforesaid,  together  with  interest  at 
the  rate  of  four  per  centum  per  annum  from  the  date  of 
the  actual  entry  and  taking  of  possession  l)y  said  city. 
And  the  award  of  the  persons  so  appointed  or  a  major 
part  of  them,  being  returned  into  and  accepted  by  the 
court,  shall  be  final,  and  judgment  shall  be  rendered  and 
execution  issued  thereon  for  the  prevailing  i)arty,  with 
costs,  unless  one  of  the  parties  claims  a  trial  by  jury,  as 
hereinafter  provided. 

vSection  4.  If  either  of  the  parties  mentioned  in  the 
preceding  section  is  dissatisfied  with  the  amount  of  dam- 
age awarded,  as  therein  expressed,  such  ])arty  may,  at  the 
sitting  at  which  such  award  was  accepted,  or  the  next  sit- 
ting thereafter,  claim  in  writing  a  trial  in  said  court,  and 
have  a  jury  to  hear  and  determine  at  the  l)ar  of  said  court 
all  questions  of  fact  relating  to  such  damages,   and   to 


Acts,  1895.  — Chap.  99.  101 


assess  the  amount  thereof  with  interest  as  aforesaid  ;  and 
the  verdict  of  the  jury  being  accepted  and  recorded  by 
the  court  shall  be  final  and  conclusive,  and  judgment  shall 
be  rendered  and  execution  issued  thereon,  and  costs  shall 
be  recovered  by  the  parties,  respectively,  in  the  same 
manner  as  is  provided  by  law  in  regard  to  proceedings 
relating  to  the  laying  out  of  highways. 

Section  5.     In  every  case  of  a  petition  to  the  superior  city  may  tender 

■     /.  j_x'i  •  T     1    •      J.1  •      s.  specified  sum, 

court  tor  an  assessment  oi  damages,  as  provided  in  this  etc: 
act,  the  said  city  may  tender  to  the  petitioner  or  his 
attorney  any  sum,  or  may  bring  the  same  into  court  to  be 
paid  to  the  petitioner,  for  the  damages  by  him  sustained 
or  claimed  in  his  petition,  or  may  in  writing  ofl'er  to  be 
defaulted  and  that  damages  may  be  awarded  against  it 
for  the  sum  therein  expressed ;  and  if  the  petitioner  does 
not  accept  the  sum  so  ofiered  or  tendered,  with  his  costs 
up  to  that  time,  but  proceeds  with  his  suit,  he  shall  be 
entitled  to  his  costs  to  the  time  of  such  tender  or  payment 
into  court,  or  ofier  of  judgment,  and  shall  not  ]>e  entitled 
to  either  costs  or  interest  afterwards,  unless  the  amount 
recovered  by  him  in  such  action  exceeds  the  amount  so 
tendered. 

Section  6.  For  the  purpose  of  defraying  the  cost  of  Ho^p^j^at^Loan 
such  real  estate  and  land  as  may  be  purchased,  taken  or 
held  for  the  purposes  aforesaid,  and  of  constructing, 
equipping  and  maintaining  the  hospital  and  hospitals 
authorized  by  this  act,  and  paying  all  expenses  incident 
thereto,  the  city  council  of  Camlnndge  shall  have  authority 
to  issue  from  time  to  time  as  it  may  require,  in  excess  of 
the  limit  allowed  by  law,  scrip  or  bonds  to  be  denomi- 
nated on  the  face  thereof,  Caml)ridge  Hospital  Loan,  to  an 
amount  altogether  not  exceeding  one  hundred  and  fifty 
thousand  dollars,  bearing  interest  not  exceeding  four  per 
centum  per  annum,  payable  semi-annually,  the  principal  to 
be  payable  at  periods  of  not  more  than  twenty  years  from 
the  issuing  of  such  scrip  or  bonds  respectively.  Said  city 
council  may  sell  the  same  or  any  part  thereof  from  time 
to  time,  or  pledge  the  same  for  money  borrowed  for  the 
above  purposes  ;  but  the  same  shall  not  be  pledged  or  sold 
for  less  than  the  par  value  thereof.  The  provisions  of  the 
tenth  and  eleventh  sections  of  chapter  twenty-nine  of  the 
Public  Statutes  shall,  so  far  as  applicable,  apply  to  this  act. 

Section  7.     Such    hospitals    shall   be    subject  to   the  subject  to 

T  1  ^       •  f      ^        -I  T       I'  -I         -I    ^         i'         •  i       'j.         Orders  of  board 

orders  and  regulations  oi  the  board  oi  health  or  said  city,  of  health,  etc. 


102 


Acts,  1895.  —  Chaps.  100,  101. 


Distance  from 
certain  in- 
habited dwell- 
ing houses. 


When  to  take 
effect. 


and  to  the  provisions  of  sections  seventy-lliree  to  cightj^- 
three  inclusive  of  chapter  eight}^  of  the  Public  Statutes 
and  acts  in  amendment  thereof  and  in  addition  thereto. 

Section  8.  No  such  hospital  shall  be  established 
within  one  hundred  rods  of  an  inhabited  dwelling  house 
situated  in  an  adjoining  city  or  town,  without  the  consent 
of  such  city  or  town  by  its  city  council  or  board  of  select- 
men, respectively. 

Section  9.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Cambridge. 

Approved  March  9,  1895. 


Office  abolished. 


Chap.\00  An  Act  to  abolish  the  office  of  commissioner  of  insolvency. 
Be  it  enacted,  etc.,  as  foUoics : 

Section  1.  There  shall  be  no  election  of  commis- 
sioners of  insolvency  in  the  year  eighteen  hundred  and 
ninety-five,  and  said  office  shall  be  abolished  after  the  first 
Wednesday  in  January  in  the  year  eighteen  hundred  and 
ninety-six. 

Section  2.  All  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  March  9,  1S95. 


Repeal. 


CJKin.lOl   -^^    "^^-'^    "^'^    AUTHOmZE    THE    CITY  OF   BOSTON"    TO   SELL   A    PARCEL 

OK   LAND  IN   QUENCY. 


Certain  land  in 
Quincy  may  be 
sold  by  city  of 
Boston. 


Proceeds  of 
sale. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  city  of  Boston  may  sell  and  convey, 
at  pul)lic  or  private  sale,  the  parcel  of  land  which  was 
conveyed  to  the  selectmen  of  the  town  of  Dorchester  by 
Daniel  Preston,  senior,  by  deed  dated  the  twenty-first  day 
of  January  in  the  year  sixteen  hundred  and  ninety-seven, 
and  recorded  with  Suffolk  deeds,  libro  forty-two,  folio  two 
hundred  and  twenty-five,  and  of  which  said  city  became 
seized  by  the  annexation  to  it  of  the  town  of  Dorchester. 

Section  2.  The  proceeds  of  such  sale  shall  be  in- 
vested in  such  other  property  as  any  justice  of  the 
supreme  judicial  court  sitting  in  equity  for  the  county 
of  Suffolk  shall  deem  best  and  proper,  and  the  same  shall 
be  held  Ijy  the  city  of  Boston  on  the  same  tru.sts  as  said 
land  was  held  l)y  said  city,  or  upon  such  other  trusts  as 
shall  be  deemed  l)y  such  justice  sitting  in  equity  as  afore- 
said, just  and  proper. 

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

Approved  March  9,  1895. 


Acts,  1895.  — Chaps.  102,  103,  104,  105.  103 


An  Act  relath-e  to  the  collatekal  loan  compact.  C/ia».102 

Be  it  enacted^  etc. ,  as  foUoivs  : 

Section  1 .     The  Collateral   Loan  Company  may  es-  May  establish 
tablish   two  branch  offices  in  the   city  of  Boston.     The  ^^'■^'"<=*^  °^°««» 
maximum    charge  made  by  said   company  to    borrowers 
shall  not  exceed  one  and  one  half  per  cent,  a  month : 
2)i'ovided,  however,  that  upon  loans  of  five  dollars  and  Proviso. 
under  the  company  shall  be  entitled  to  interest  for  six 
months  at  said  rate  when  the  debt  is  paid  before  the  ex- 
piration of  that  period. 

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

Approved  March  9,  1S95. 

An  Act  relative  to  the  abolition  of  grade  crossings.        Chan  103 
Be  it  enacted,  etc. ,  as  folloios : 

Section  1.     Any  order,  appointment  or  decree  which  f^'peifoV^cou'it^ 
can  be  made  by  the  superior  court  or  a  justice  thereof,  may  be  made  in 
under  the  provisions  of  chapter  four  hundred  and  twenty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety 
and  acts  in  addition  thereto  or  in  amendment  thereof,  may 
be  made  in  any  county. 

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

Approved  March  9,  1895. 


An   Act   relative   to  change  op  name  by  fraternal  bene-  (JhnYt  104 

FICIARY   corporations.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  corporation  subject  to  the  provisions  Names  of 
of  chapter  three  hundred  sixty-seven  of  the  acts  of  the  rauons  may  be 
year  eighteen  hundred  ninety-four  may,  with  the  consent  '^'''^"s^^- 
of  the  insurance  commissioner,   upon  application  to  the 
commissioner  of  corporations,  change  its  name  under  the 
conditions  and  in  the  manner  prescribed  in  chapter  three 
hundred  and  sixty  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-one. 

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

Approved  March  9,  1895. 

An  Act  to  authorize  an  increase  in  the  number  of  members  niinrt  105 

OF  STANDING  COMMITTEES   OF  CHURCHES.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Section  three  of  chapter  four  hundred  and  l^^l'JI^^  §  ^• 
four  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 


104  Acts,  1895.  — Chaps.  106,  107. 

seven  is  hereby  amended  by  strikinsf  out  in  the  fifth  line, 

the  word    "seven",  and    inserting   in    place   thereof  the 

word  :  —  twenty-four,  —  so  as  to  read  as  follows  :  —  8eo- 

officere  of         tiou  3.     The  resident  members  of  such  church  of  twentv- 

churches,  i      .  i 

election,  etc.  ouc  jcars  01  age  and  upwards  may  assemble  at  their  place 
of  worship  and  by  ballot  elect  a  moderator,  clerk,  treas- 
urer, a  standing  committee  of  not  less  than  three  nor 
more  than  twenty-four  members  and  such  other  officers  as 
they  may  deem  necessary.  The  clerk  shall  be  sworn. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1895. 

CJiapAOQ  -^  -^^^   RELATIVE   TO  BOARDING  VESSELS  .VRRIVING   IX   GLOUCESTER 

HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

Boarding  of  Sectiox  1.       Any  persou,    except   a    pilot    or  public 

Gio'ifceJt'er  har.  otficcr,  who  boards  or  attempts  to  board  a  vessel  arriving 

bor  reBtncted.     -^^  Glouccster  harbor,  before  such  vessel  has  been  made 

fast  to  the  wharf,  without  obtaining  leave  from  the  master 

or  person  having  charge  of  such  vessel,  or  leave  in  writing 

from  its  owners  or  agent,  shall  forfeit  a  sum  not  exceeding 

fifty  dollars  for  each  offence. 

Limita  defined.       SECTION  2.     For  thc  purposcs  of  the  pieccding  sectioD, 

the  outer  limits  of  Gloucester  harbor  for  vessels  bound 

thereto  shall  be  a  line  drawn  from  Eastern  Point  to  Xor- 

man's  AYoe.  Approved  March  9,  1895. 


Chap.107 


An  Act  to  incorporate  the  bay  state  savings  bank. 
Be  it  enacted,  etc.,  as  foUoics  : 


frvil'sBank  Section  1.  Audrcw  Athy,  Richard  Ilealy,  Daniel 
incorporated.  Dowucy,  Matthcw  B.  Lamb,  George  McAleer,  Denis  C. 
Leonard,  Thomas  B.  F.  Boland,  James  C.  Lul)y,  Richard 
O'Flynn,  John  O'^Ieara,  James  jVIcDermott,  William 
Hart,  Thomas  IL  Hall,  Timothy  H.  Murphy,  Thomas 
Monahan,  Charles  J.  O'Hara,  Reter  Wood,  John  B.  Rati- 
gan,  Alexander  Bclisle,  jr.,  their  associates  and  suc- 
cessors, are  herein'  made  a  corporation  by  the  name  of 
the  Bay  State  Savings  Bank,  with  authority  to  establish 
and  maintain  a  savings  bank  in  the  city  of  Worcester; 
with  all  the  powers  and  privileges  and  subject  to  all  the 
duties,  liabilities  and  restrictions  set  forth  in  all  general 
laws  which  no^v  are  or  may  hereafter  be  in  force  relating 
to  savings  banks  and  institutions  for  savings. 

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

Approved  March  9,  1895. 


Acts,  1895.  — Chaps.  108,  109,  110.  105 


An  Act  to  autuorize  ax  increase  in  the  number  ok  trustees  (JJiap.lOS 

OF   BRADFORD  ACADEMY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    number    of    Trustees    of    Bradford  Number  of 

->->'•!  "i^  •       ^        1       i?    trustees 

Academy  shall  hereafter  be  limited  to  fifteen  instead  ot  increased. 
eleven  as  now  provided  by  law. 

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

Aiitiproved  March  9,  1895. 

An    Act    to  exempt   the    holyoke    water   power  company  (J]i(y^r>\(y^ 

FROM  MAINTAINING   A   FISUWAY. 

Be  it  enacted,  etc.,  asfolloics: 

The  Holyoke  Water  Power  Company  is  exempt  from  Exempt  from 
maintaining  a  nshway  in  its  dam  across  the  Connecticut  fishway. 
river  between  Holyoke  and  South  Hadley. 

\_The  foregoing  icas  laid  before  the  Governor  on  the  sixth  day 
of  March,  1895,  and  after  Jive  days  it  had  the  force  of  a  law, 
as  prescribed  by  the  Constitution,  as  it  was  not  returned  by  him 
loith  his  objections  thereto  within  that  time.'\ 

An  Act  to  authorize  the  town  of  leominster  to  refund  its  (JJiart.WO 

WATER   debt. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  The  town  of  Leominster,  for  the  purpose  ^^^y,^*®"® 
of  paying  and  refunding  so  much  of  its  existing  indebted-  or  scrip,  etc. 
ness  as  may  have  been  incurred  in  the  constmction  of 
its  water  works,  or  such  as  may  have  been  incurred 
in  the  refunding  of  indebtedness  previously  incurred  in 
the  construction  of  its  water  works,  may  issue  from 
time  to  time  bonds,  notes  or  scrip,  bearing  interest  at 
a  rate  not  exceeding  five  per  cent,  per  annum,  and  to  an 
amount  not  exceeding  one  hundred  and  ninety-one  thou- 
sand dollars. 

Section  2.      Said  bonds,  notes  or  scrip  mav  l)e  payable  Water  Bonds  of 

,  ,        ,  I  *.  X     a/  ^Ij^q  Town  ot 

at  any  time  within  thirty  years  from  their  date,  and  said  Leominster. 
town  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  Town  of  Leominster. 

Section  3.     Said  town  may  renew  any  of  its  bonds,  May  renew 
notes  or  scrip  issued  under  the  authority  of  this  act,  pro-    °"  ^'  ^ 
vided  the   time  of  the  ])ayment  of  such  renewal  bonds, 
notes  or  scrip  shall  not  be  extended  lieyond  the  period  of 
thirty  years  from  the  passage  of  this  act. 


106  Acts,  1893.  — Chaps.  Ill,  112. 

faie?^"^*"^  Section  4.     The  proceeds  of  the   sale  of  said  bonds, 

notes  or  scrip  shall  be  used  to  redeem  and  pay  the  existing 
^vater  l)onds  issued  l)y  said  town  prior  to  the  eighteenth 
day  of  May  in  the  year  eighteen  hundred  and  ninety-four. 

^an?^°'°^  Section  5.     There  shall  be  annually  paid  to  the  sink- 

ing fund  commissioners  of  the  town  of  Leominster  from 
the  net  income  of  the  water  department  of  said  town, 
after  the  payment  of  the  expense  of  the  maintenance  of 
the  works  and  the  interest  upon  the  water  debt,  such  sum 
as  shall  with  the  accumulations  of  interest  thereon  be 
sufficient  to  pay  at  the  maturity  thereof  the  water  bonds, 
notes  or  scrip  issued  under  the  authority  of  this  act. 

Tnd  ii",^euf.,'t'o        Section  6.     The  provisions  of  sections  ten  and  eleven 

apply.  of  chapter  twenty-nine  of  the  Public  Statutes  and  acts  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  7.     This  act  shall  take  effect  upon  its  passage. 

Apixroved  March  13,  1895. 

ChaV  111   "^^  "^^"^  '^^  REQUIRE   ADVERTISEMENTS   FOR  PROPOSALS  FOR   COUNTY 
■^  l.OAXS. 

Be  it  enacted,  etc.,  as  foUoius : 
Proposals  for  "NMicii  authority  has  been  given  to  increase  the  indebt- 

bondsretc°!to  cdness  of  any  county  the  county  commissioners  of  said 
be  advertised,  couuty  shall  iuvitc  proposals  for  the  purchase  of  the  bonds, 
notes  or  certificates  of  indebtedness  to  be  issued  pursuant 
to  such  authority,  hy  advertisements  in  two  or  more  news- 
papers published  within  said  county,  if  such  there  be,  and 
by  advertisements  in  at  least  three  daily  newspapers  pulv 
lished  in  the  city  of  Boston.  They  shall  reserve  the  right 
to  reject  any  and  all  bids.  The  bids  shall  be  opened  in 
public  and  a  record  thereof  shall  be  made  in  the  records 
of  the  county  commissioners.  If  no  i)roposal  shall  be 
accepted  the  commissioners  may  award  the  wdiole  or  any 
part  of  the  loan  to  any  person  or  party. 

Approved  March  13,  1S95. 

QJiavA'[2  -^^  Act  relatre   to   the  compensation   ov   special   couNxr 

1   '  (OMMISSIONEKS. 

Be  it  enacted,  etc.,  as  follows : 
Special  county        Section  1.     The  amouut   allowed   to   special   county 

commiBsiouerB.  ..  iini  "J 

comnnssioncrs  for  travel  under  existing  Jaws  shall  he  paid 
from  the  treasury  of  the  county. 

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

Approved  March  13,  1895. 


Acts,  1895.  — Chaps.  113,  114,  115.  107 


Ax  Act  authorizing  the  treasurer  of  the   COUXTY  of  "WORCES-  (Jhnj-f  1 1 Q 
TER  to  employ  ADDITIONAL  CLERICAL  ASSISTANCE. 

Beit  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  of  the  county  of  "\Yorcester  Additional 
may  employ  additional  clerical  assistance  in  his  ofBce  at  assistance. 
an  annual  expense  not  to  exceed  three  hundred  dollars. 

Sectiox  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  13,  1895. 


Chap.lU 


An  Act  to  incorporate  the  fidelity  trust  company. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Henry  H.  Proctor,  John  Wales,  "William  Fidelity  TruBt 
A.  Gaston,  Lewis  P.  Bartlett,  jr.,  Decius  Beebe,  Owen  in°corpo"rated. 
J.  Lewis  and  Weston  Iv.  Lewis,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  under  the  name 
of  the  Fidelity  Trust  Company. 

Section  2.     Said  corporation  shall  have  authority  to  May  establish, 
establish  and  maintain  a  safe  deposit  and  trust  company  deposit  and 
in  the  city  of  Boston,  with  all  the  powers  and  privileges  ^'^^^  company. 
and  subject  to  all  the  rights,  duties,  liabilities  and  restric- 
tions set  forth  in  all  general  laws  which  now  are  or  here- 
after may  be  in  force  relating  to  such  corporations. 

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

Approved  March  13,  1895. 


Chap. 115 


An  Act  relative  to  flags  upon  public  buildings  and  school 

HOUSES. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.     It  shall  be  unlawful  to  displav  the  flag  or  Foreign  flags, 

11  ,.  I.         .  ,  jii""!/"  etc.,  not  to  be 

emblem  oi  any  loreign  country  upon  the  outside  ot  any  displayed  upon 
state,  county,  city  or  town  building  or  public  schoolhouse  orsihooihouTel! 
within  this  Commonwealth  ;^?-oy?c^ecZ,  liowexer,  that  when  Proviso. 
any  foreigner  shall  become  the  guest  of  the  United  States 
or  this   Commonwealth,  upon  proclamation  by  the  gov- 
ernor the  flag  of  the  country  of  which  such  public  guest 
shall  be  a  citizen  may  be  displayed  upon  public  buildings 
but  not  upon  public  schoolhouses. 

Section  2.     Any  person  violating   the  provisions  of  Penalty. 
this  act  shall  be  punished  by  a   flue  of  not   more    than 
twenty  dollars. 

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

Approved  March  13,  1805. 


108  Acts,  1895.  — Chaps.  116,  117,  118. 


C^a/J.116  ^^    -^^"^    KKLATIVE    TO    .TURY     TKIALS     HT     EQUITY     AXD     I'UoUATK 

CAUSES. 

Be  it  enacted^  etc.,  as  follows: 

p.  8.151,  §27,  Section  1.  Section  twenty-seven  of  chapter  one  hun- 
dred and  tifty-one  of  the  Public  Statutes  is  hereby  amended 
by  inserting  in  the  tirst  line,  after  the  word  "may",  the 
words: — in  its  discretion, — by  inserting  in  the  third 
line,  after  the  word  "  tried",  the  words  :  — at  the  bar  of 
the  supreme  judicial  court  or  the  superior  court,  —  by 
striking  out  in  the  third  and  fourth  lines,  the  words  "at 
the  bar  of  the  supreme  judicial  court  or  the  superior 
court  ",  and  inserting  in  place  thereof  the  words  :  —  or  at 
the  request  of  all  parties  in  any  other  county  in  which  said 
courts  or  a  single  justice  thereof  may  sit,  —  so  as  to  read 

Court  may         as  follows  !  —  Secfion  27.     The  court  may  in  its  discre- 

jury.Vic?''*  °'  tion  frame  issues  of  fact  to  be  tried  by  a  jury,  in  an  equity 
cause,  when  requested  by  a  party,  and  direct  the  same  to 
be  tried  at  the  bar  of  the  supreme  judicial  court  or  the 
superior  court  in  the  county  where  such  cause  is  pending, 
or  at  the  request  of  all  parties  in  any  other  county,  in 
which  said  courts  or  a  single  justice  thereof  may  sit. 

Probate  Sectiox  2.     Tliis  act  shall  also  apply  to  trials  by  jury 

in  probate  appeals. 

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

Approved  March  13,  1895. 

(JJlCiyy.Wl  -^^  -^^"^  FIXING  THE  TIME  WHEX  LIEN'S  FOR  THE  AN'NUAL  KENTS 
FOll  THE  USE  OF  COMMON  SEWERS  SHALL  ATTACH  TO  KEAL 
ESTATE. 

Be  it  enacted,  etc.,  as  follows : 
Liens  for  rent«        ^lie  licu  authoi'ized  bv  sectiou  one  of  chapter  two  luin- 

to  attach  to  real  ,  /.     i  /.    i  •     /  i  i        i 

estate.  dred  and  lorty-iive  or  the  acts  ot  the  year  eighteen  hundred 

and  ninety-two,  for  annual  charges  or  rents  for  the  use  of 
common  sewers,  shall  attach  to  the  real  estate  at  the  time 
such  charges  or  rents  are  established  by  vote  of  the 
town,  or  city  council,  as  provided  in  said  section. 

Aj^proved  March  13,  1895. 


Chap.nS 


An  Act  to  repeal  section  fifty-seven  op  chapter  one  hundred 

AND  seventy-eight  OF  THE  PUBLIC  STATUTES,  RELATIVE  TO  PREF- 
ERENCES IN  THE  ASSIGNMENT  OF  PARTS  OF  REAL  PROPERTY. 

Be  it  enacted,  etc.,  asfoUotcs: 

r  jl'aiJd '  ^  ^^'         Section  1.     Section  fifty-seven  of  chapter  one  hundred 
and  seventy-eight  of  the  Public  Statutes,  relative  to  the 


Acts,  1895.  — Chaps.  119,  120,  121.  109 

preference  of  males  to  females,  and  elder  to  younger  sons 
among  children,  in  the  assignment  of  parts  of  real  prop- 
erty among  heirs,  is  hereby  repealed. 

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

Approved  March  13,  1895. 


Chap.WQ 


An  Act  to  extend  the  time  for  completing  the  organization 

of  the  new  england  burglary  insurance  company. 
Be  it  enacted f  etc. ,  as  follows  : 

The  time  for  completing  the  organization  of  the  New  Time  extended. 
England  Burglary  Insurance  Company,  and  the  tiling  of 
the  statement  thereof  with    the    secretary    of  the   Com- 
monwealth, is  hereby  extended  to  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  March  13,  1S95. 

An  Act  TO  equalize  the  right  of  challenge  of  the  common-  (^Jjfj^-,  19() 

WEALTH  AND  DEFENDAJStTS  ACCUSED  OF  CRIME.  ^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     In  all  criminal  cases  where  two  or  more  challenging 
persons    are  tried   together  the    Commonwealth  shall  be  "^^J"''""- 
allowed,  before  the  trial  commences,  to  challenge  peremp- 
torily, of  the  jurors  called  to  try  the  cause,  a  number  equal 
to  the  total  number  of  peremptory  challenges  to  which  all 
the  defendants  are  entitled  by  law. 

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

Appjroved  March  16,  1895. 


Chap.121 


An  Act  relative  to  the  reservation  of  special  spaces  for  the 

use  of  street  railways  in  the  town  of  milton. 
Beit  enacted,  etc.,  as  follows  : 

Section  1.     No  location  for  the  tracks  of  any  street  ^pe^^' ^p'^'^^a 
railway  company  shall  be  granted  within  the  limits  of  the  rauwayt. 
town  of  Milton,  except  in  ways  in  which  special  space  for 
the  use  of  street  railways  shall  have  been  reserved  prior  to 
such  location  of  such  tracks,  nor  shall  any  such  locations 
be  granted  in  such  ways,  except  within  the  limits  of  such 
reserved   space :  provided,  however,  that  ways  for  travel  Pi'o^i^o. 
may  be  allowed  to  intersect  and  cross  over  such  reserved 
space,  at  the  junctions  of  streets  and  at  such  other  places 
as  public  convenience  may  require.     Locations    in    such 
reserved  spaces  shall  be  granted  in  the  same  manner  and 
with  the  same  rights,  restrictions  and  limitations  as  loca- 
tions in  public  ways  under  the  general  provisions  of  law. 


110  Acts,  1895.  — Chap.  122. 

Construction  Section  2.     AVlieii  in  any  town  way  hereafter  laid  out 

of  town  ways  ,  .      .     ■'  i      i  i  •  /•  i 

herciifter  laid  or  altered  in  said  town  it  is  intended,  at  the  time  of  such 
layino:  out  or  alteration,  to  reserve  special  space  for  the 
use  of  street  railways  therein,  the  laying  out  or  alteration 
of  such  way,  to  be  reported  by  the  selectmen  to  said  town 
for  its  acceptance,  shall  contain  the  boundaries  and  meas- 
urements of  such  reserved  space,  together  with  a  state- 
ment showing  how  the  same  is  to  be  constructed. 
fo^betaiToutb  Section  3.  The  selectmen  of  said  town  may  lay  out, 
selectmen,  etc.  and  Said  towu  may  accept  and  allow,  in  the  manner  here- 
inafter provided,  special  space  for  the  use  of  street  rail- 
ways in  any  town  way  or  highway  heretofore  or  hereafter 
laid  out  within  said  town ;  but  no  special  space  for  the 
use  of  street  railways  in  any  town  way  or  highwa}^  within 
said  town,  unless  such  special  space  was  reserved  in  the 
original  laying  out  or  alteration  thereof,  shall  be  estab- 
lished until  a  laying  out  of  such  reserved  space  by  the 
selectmen  of  said  town,  with  the  boundaries  and  measure- 
ments thereof,  together  with  a  statement  of  how  the  same 
is  to  be  constructed,  is  reported  to  said  town  and  accepted 
and  allowed  at  some  public  meeting  of  the  inhabitants 
regularly  warned  and  notitied  therefor ;  nor  unless  such 
laying  out,  with  the  boundaries  and  measurements,  is  filed 
in  the  office  of  the  clerk  of  said  town  seven  days  at  least 
before  such  meeting. 

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

ApjJTOved  March  16,  1895. 


(J}iav.\2.^  An  Act  to  authorize  the  town  of 


MARBLEHEAD   TO   REFUND  ITS 
INDEBTEDNESS. 


Be  it  enacted,  etc.,  as  folloics : 
May  issue  Section  1.     The  towH  of  Marblchcad,  for  the  purpose 

or  scrip,  etc.  of  paying  its  bonds  which  fall  due  on  the  first  day  of 
October  in  the  present  year,  and  for  refunding  other 
existing  inde])tedness,  may  issue  bonds,  notes  or  scrip 
therefor,  to  an  amount  not  exceeding  fifty  thousand  dol- 
lars, payable  five  thousand  dollars  annually  after  the  year 
eighteen  hundred  and  ninety-six,  and  bearing  interest 
payable  semi-annually,  at  the  rate  of  four  per  cent,  a  year. 
Said  bonds  shall  be  sokl  at  public  or  private  sale,  and  the 
proceeds  shall  be  used  to  discliarge  an  ec^ual  amount  of 
the  existing  indebtedness  of  said  town. 

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

Approved  March  16,  1895. 


Acts,  1895.  — Chap.  123.  Ill 


An  Act  to  incorporate  the  Sheffield  -water  company.        ChaV.12S 
Be  it  enacted,  etc.,  asfolloivs; 

Section  1.  HaiTy  S.  Andrews,  WilliaDi  H.  Dresser,  shefiieid  water 
William  H.  Little  and  Theodore  C.  Wickwire,  their  asso-  incorp''o°rlted. 
ciates  and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  Sheffield  Water  Company,  for  the  purpose 
of  supplying-  the  inhabitants  of  the  town  of  Shelfield  with 
water  for  the  extinguishment  of  fires  and  for  domestic, 
manufacturing  and  other  purposes ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws  which  now  are 
or  may  hereafter  be  in  force  applicable  to  such  corpora- 
tions. 

Section  2.     Said  corporation,  for  the  purposes  afore-  May  take 

•  1  1  .1  '         ^  1  ii-  certain  waters, 

said,  may  lease,  take,  acquire  by  purchase  or  otherwise,  lands,  etc. 
and  hold  the  waters  of  any  brook  or  brooks,  spring  or 
springs,  within  the  limits  of  said  town  of  Sheffield,  and 
all  water  rights  connected  therewith,  and  obtain  and  take 
water  by  means  of  bored,  driven,  artesian  or  other  wells, 
on  land  within  the  limits  of  said  town  of  Sheffield,  and 
hold  and  convey  said  waters  through  said  town  ;  and  may 
also  take  and  hold,  by  lease  or  otherwise,  all  lands,  rights 
of  way  and  easements  necessary  for  holding  and  preserv- 
ing such  water  and  convej^ing  the  same  to  any  part  of 
said  town,  and  erect  on  the  lands  thus  taken  or  held 
proper  dams,  fixtures  or  other  structures  ;  and  may  make 
excavations,  procure  and  operate  machinery,  and  pro- 
vide such  other  means  and  appliances  as  may  be  necessary 
for  the  establishment  and  maintenance  of  complete  and 
effective  water  works ;  and  may  construct  and  lay  down 
conduits,  pipes  and  other  works,  over  and  under  any  lands, 
water  courses,  railroads,  highways,  town  ways,  public  or 
private  ways  of  any  nature,  kind  or  description,  and 
along  such  ways,  and  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same  ;  and  for  the  purpose  of  constructing, 
maintaining  and  repairing  said  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  cor- 
poration may  dig  up  any  such  lands,  and  enter  upon  and 
dig  up  any  such  ways :  jorovided,  however,  that  said  com-  Provisos. 
pany  shall  not  enter  upon  and  dig  up  any  public  ways 
except  upon  the  approval  of  the  board  of  selectmen  of 
the  town  in  which  such  ways  are  situated,  after  a  public 
hearing  by  said  board  of  which  at  least  ten  days'  notice 


112 


Acts,  1895.  — Chap.  123. 


Description  of 
lands,  etc.,  to 
be  recorded. 


Damages. 


Distribution  of 
water,  etc. 


shall  be  given  by  publisliino;  an  attested  copy  of  said 
notice  in  a  newspaper  })ublislied  in  said  town,  if  any,  and 
by  posting  an  attested  copy  of  said  notice  in  at  least  tive 
public  places  in  said  town  ;  and  j^^'ovided,  further,  that  no 
hearing  shall  be  necessary  in  cases  where  said  ways  are  to 
be  entered  upon  and  dug  up  by  said  company  for  the  pur- 
pose of  constructing  extensions  to  its  plant  and  maintain- 
ing and  repairing  such  conduits,  pipes  and  other  works. 

Section  3.  The  said  corporation  shall,  within  sixty 
days  of  the  taking  of  any  lands,  rights  of  way,  water 
rights,  water  sources  or  easements  as  aforesaid,  other  than 
by  purchase,  tile  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  southern  district  of  the  county  of  Berk- 
shire a  description  thereof  sufficiently  accurate  for  identi- 
fication, with  a  statement  of  the  purposes  for  which  the 
same  was  taken,  signed  by  the  president  of  the  corpora- 
tion. 

Section  4.  The  said  corporation  shall  pay  all  dam- 
ages sustained  by  any  person  in  property  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water 
right  or  easement,  or  by  any  other  thing  done  by  said 
corporation  under  the  authority  of  this  act.  Any  })erson 
sustaining  damages  as  aforesaid  under  this  act,  who  fails 
to  agree  with  the  said  corporation  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  by  law  when  land  is 
taken  for  the  laying  out  of  highways,  on  application  at 
any  time  within  the  period  of  two  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  any  injury 
under  the  authority  of  this  act ;  but  no  such  application 
shall  be  made  after  the  expiration  of  the  said  two  years. 
No  application  for  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  rights  or  water  source, 
or  for  any  injuries  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  the  said  corporation  under  the 
authority  of  this  act. 

Section  5.  The  said  corporation  may  distribute  the 
water  through  said  town  of  Sheffield,  may  regulate  the 
use  of  said  water  and  fix  and  collect  the  rates  to  be  paid 
for  the  use  of  the  same ;  and  may  make  such  contracts 
with  the  said  town  or  with  any  fire  district  that  is  or  may 
hereafter  be  established  therein,  or  with  any  individual  or 
corporation,  to  supply  water  for  the  extinguishment  of 
fire  or  for  any  purpose,  as  may  be  agreed  upon  by  said 


Acts,  1895.  — Chap.  123.  113 

town  or  such  fire  district,  individual  or  corporation,  and 
said  corporation,  and  may  establish  pu]>lic  fountains  and 
hydrants  and  relocate  and  discontinue  the  same. 

Section  6.     The  said  corporation  may,  for  the   pur-  Reai  estate, 
poses  set  forth  in  this  act,  hold  real  estate  not  exceeding  ^^^^^'-^^  ^^°^^ 
in  value  ten  thousand  dollars,  and  the  whole  capital  stock 
of  the  said  corporation  shall  not  exceed  thirty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each. 

Section  7.  Immediately  after  the  payment  of  the  certificate  of 
capital  stock  of  said  company  a  certificate  of  that  fact  and  capiTauo^be 
of  the  manner  in  which  the  same  has  been  paid  in,  and  at  ^^®'^" 
the  time  of  making  the  certificate  has  been  invested,  or 
voted  by  the  corporation  to  be  invested,  signed  and  sworn 
to  by  the  president,  treasurer  and  a  majority  at  least  of 
the  directors  and  approved  by  the  commissioner  of  cor- 
porations, shall  be  filed  in  the  ofiice  of  the  secretary  of 
the  Commonwealth.  A  conversance  to  the  corporation  of 
property,  real  or  personal,  at  a  fair  valuation,  shall  be 
deemed  a  sufiicient  paying  in  of  the  capital  stock  to  the 
extent  of  such  value,  if  a  statement  is  inchided  in  the  cer- 
tificate, made,  signed  and  sworn  to  by  its  president,  treas- 
urer and  a  majority  of  its  directors,  giving  a  description 
of  such  property  and  the  value  at  which  it  has  been  taken 
in  payment,  in  such  details  as  the  commissioner  of  cor- 
porations shall  require  or  approve,  and  endorsed  with  his 
certificate  that  he  is  satisfied  that  said  valuation  is  fair  and 
reasonable. 

Section  8.  Said  corporation  may  issue  bonds  and  May  issue 
secure  the  same  by  a  mortgage  on  its  franchise  and  other  bonds,  etc. 
property  to  an  amount  not  exceeding  its  capital  stock 
actually  paid  in.  The  proceeds  of  all  bonds  so  issued 
shall  only  be  expended  in  the  extension  of  the  works  of 
the  company  and  for  the  payment  of  expenditures  actually 
made  in  the  construction  of  the  works,  over  and  above 
the  amount  of  the  capital  stock  actually  paid  in. 

Section  9.     The  capital  stock  hereinlDefore  authorized  ^^^l'?  "^'"^''^v. 

1      11   1        .  1  1       •  1  •  and  bonds  to  be 

sliali  be  issued  only  in  such  amounts  as  may  from  time  to  approved  by 

,.  .  j_-  '^    J"  1         ii  .       .  ,.  commissioner 

time  upon  investigation  by  the  commissioner  oi  corpora-  of  corporations. 
tions,  be  deemed  by  him  to  be  reasonably  requisite  for 
the  purposes  for  which  such  issue  of  stock  or  bonds  has 
been  avithorized.  His  decision  approving  such  issues 
shall  specify  the  respective  amounts  of  stock  and  bonds 
authorized  to  be  issued  and  the  purposes  to  which  the 


114 


Acts,  1895.  — Chap.  123. 


Penalty  for 
corruption  of 
■water,  etc. 


Town  may 
take  franchise, 
property,  etc. 


Statement  of 
receipts  and 
expenflitures 
to  be  made 
annually. 


proceeds  thereof  are  to  be  applied.  A  certificate  setting 
forth  his  decision  shall  be  filed  in  the  office  of  the  secre- 
tary 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  10.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  projierty 
owned,  held  or  used  by  the  persons  herein  named,  or  their 
successors  or  assigns,  under  the  authority  and  for  the  i)ur- 
poses  of  this  act,  shall  forfeit  and  pay  to  said  persons 
above-named,  their  successors  or  assigns,  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  by 
an  action  of  toil ;  whoever  wilfully  or  wantonly  corrui)ts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  under  the  authority  of  and  for  the 
purposes  of  this  act,  shall  be  punished  by  a  fine  not  ex- 
ceeding three  hundred  dollars  or  by  imprisonment  not 
exceeding  one  year. 

Section  11.  The  town  of  Sheffield  shall  have  the  right 
at  any  time  to  take,  by  purchase  or  otherwise,  the  fran- 
chise, cor{)orate  property  and  all  the  rights  and  privileges 
of  said  corporation,  on  payment  to  said  corporation  of  the 
actual  cost  of  its  franchise,  works  and  property  of  all 
kinds  held  under  the  provisions  of  this  act,  including  in 
such  cost  interest  on  each  expenditure  from  its  date  to  the 
date  of  said  purchase  or  taking,  as  herein  provided,  at  the 
rate  of  five  per  cent,  per  annum.  If  the  cost  of  maintain- 
ing and  operating  the  works  of  said  corporation  shall  ex- 
ceed in  any  year  the  income  deri\ed  from  said  works  by 
said  corporation  for  that  year,  then  such  excess  shall  be 
added  to  the  total  cost ;  and  if  the  income  derived  from 
said  works  by  said  corporation  exceeds  in  any  year  the 
cost  of  maintaining  and  operating  said  works  for  that  3'ear, 
then  such  excess  shall  l)e  deducted  from  the  total  cost. 
An  itemized  statement  of  the  receipts  and  expenditures  of 
the  said  corpoi-ation  shall  be  annually  su1)mitte(l  to  the 
selectmen  of  the  town  of  Sheffield,  and  by  said  selectmen 
to  the  citizens  of  said  town.  If  said  corporation  has  in- 
curred indebtedness  the  amount  of  such  indebtedness 
out.standing  at  the  time  of  such  taking  shall  be  assumed  by 
said  town  and  shall  l)e  deducted  from  the  amount  required 


Acts,  1895.  — Chap.  123.  115 

to  be  paid  by  said  town  to  said  corporation  under  the 
foregoing  provisions  of  this  section.  This  authority  to 
purchase  such  franchise  and  property  is  granted  on  con- 
dition that  tlie  purchase  is  assented  to  hy  said  town  by  a 
two  thirds  vote  of  the  voters  of  said  town  present  and 
voting  thereon  at  a  meeting  legally  called  for  that  pur- 
pose. 

Section  12.  Said  town  may,  for  the  purpose  of  pay-  Sheffield  water 
ing  the  cost  of  said  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  seventy  thou- 
sand dollars ;  such  bonds,  notes  or  scrip  shall  bear  on 
their  face  the  words,  Sheffield  Water  Loan,  shall  be  pay- 
able at  the  expiration  of  periods  not  exceeding  thirty 
years  from  date  of  issue,  shall  bear  interest  payable  semi- 
annually at  a  rate  not  exceeding  six  per  centum  per 
annum,  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners  hereinafter 
provided  for.  The  said  town  may  sell  such  securities  at 
public  or  private  sale,  or  })ledge  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  sinking  fund. 
provide  at  the  time  of  contracting  said  loan  for  the  estal> 
lishment  of  a  sinking  fund,  and  shall  annually  contribute 
to  such  fund  a  sum  sufficient  with  the  accumulations 
thereof  to  pay  the  principal  of  said  loan  at  maturity.  The 
said  sinking  fund  shall  remain  in\aolate  and  pledged  to 
the  payment  of  said  loan  and  shall  be  used  for  no  other 
purpose. 

Section  13.     Said  town  instead  of  establishins^  a  sink-  May  provide 

•/>!  1  •  /»  !••  -11  annual 

mg  fund  may,  at  the  time  oi  authorizing  said  loan,  pro-  payments  on 
vide  for  the  payment  thereof  in  annual  payments  of  such 
amounts  as  will  in  the  aggregate  extinguish  the  same 
within  the  time  prescribed  in  this  act,  and  when  such  vote 
has  been  passed  the  amount  required  thereby  shall  without 
further  vote  be  assessed  by  the  assessors  of  said  town  in 
each  year  thereafter  until  the  debt  incurred  by  said  loan 
shall  be  extinguished,  in  the  same  manner  as  other  taxes 
are  assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  14.     The  return  required  by  section  ninety-  Return  to  state 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  the  ing  fund,  etc. 
amount  of  any  sinking  fund  established  under  this  act, 


116 


Acts,  1895.  — Chap.  123. 


Payment  of 
expenses,  etc. 


"Water  commis- 
eioners,  powers, 
duties,  etc. 


To  be  trustees 
of  sinking  fund. 


Vacancy. 


Security  for 
payment  of 
damages,  etc., 
required  in 
certain  cases. 


and  if  none  is  established  -whether  action  has  been  taken 
in  accordance  with  the  })rovisions  of  the  preceding  section, 
and  the  amounts  raised  and  applied  thereunder  for  the 
current  j'ear. 

Section  15.  Said  town  shall  raise  annually  by  taxa- 
tion a  sum  which  with  the  income  derived  from  the  Mater 
rates  will  be  suthcient  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  princii)al  as  may  be  required  under 
the  provisions  of  this  act. 

Section  16.  Said  toAvn  shall,  after  its  purchase  of 
said  corporate  property  as  provided  in  this  act,  at  a  legal 
meeting  called  for  the  pur})ose  elect  by  ballot  three  per- 
sons to  hold  office,  one  until  the  expiration  of  three  years, 
one  until  the  expiration  of  two  years  and  one  until  the 
expiration  of  one  year  from  the  next  succeeding  annual 
town  meeting,  to  constitute  a  board  of  water  commis- 
sioners;  and  at  each  annual  town  meeting  thereafter  one 
such  commissioner  shall  be  elected  by  ballot  for  the  term 
of  three  years.  All  the  authority  granted  to  the  said 
town  by  this  act  and  not  otherwise  specially  provided  for 
shall  be  vested  in  said  board  of  water  commissioners,  who 
shall  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  the  sinking  fund. 
Any  vacancy  occurring  in  said  board  from  any  cause  may 
be  tilled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  town  meeting  called  for  the  purpose. 

Section  17.  Upon  application  of  the  owner  of  any 
land,  water  or  water  rights  taken  under  this  act,  the 
county  commissioners  for  the  county  in  which  such  land, 
water  or  water  rights  are  situated,  shall  require  said  cor- 
poration to  give  satisfactory  security  for  the  payment  of 
all  damages  and  costs  which  may  be  awarded  such  owner 
for  the  land  or  other  property  so  taken  ;  but  j)revious  to 
requiring  such  security  the  said  county  commissioners 
shall,  if  application  therefor  is  made  by  either  party, 
make  an  estimate  of  the  damages  which  may  result  from 
such  taking ;  and  the  said  county  commissioners  shall  in 


Acts,  1895.  — Chap.  124.  117 

like  manner  require  further  security  if  at  any  time  tlie 
security  before  required  appears  to  tliem  to  have  become 
insufficient ;  and  all  the  right  or  authority  of  said  cor- 
poration to  enter  upon  or  use  such  land  or  other  property, 
except  for  the  purpose  of  making  surveys,  shall  be  sus- 
pended until  it  gives  the  security  required. 

Section  18.     This  act  shall  take  effect  upon  its  passage,  when  to  take 
but  shall  become  void  unless  work  under  this  act  is  com-  ^ 
menced  within  three  years  from  the  date  of  its  passage. 

Approved  March  16,  1893. 

An  Act  to  provide  for  an  increase  in  the  number  of  wards  in  (JJinq^  1 04 

THE  CITY  OF  TAUNTON,  AND  IN  THE  NUMBER  OF  ALDERMEN  AND       "' 
COMMON  COUNCILMEN. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Section  two  of  chapter  two  hundred  and  is82,  m,  §2, 
eleven  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
two  is  hereby  amended  by  striking  out  the  word  "  eight", 
in  the  fourth  line,  and  inserting  in  place  thereof  the  word  : 

—  nine,  — also  by  striking  out  the  word  "twenty-four", 
in  the  lifth  line,  and  inserting  in  place  thereof  the  word : 

—  twenty-seven,  — so  as  to  read  as  follows  :  —  /Section  2.  Government 

rrn  ,     .  ,  .  vested  in  mayor 

The  administration  of  all  the  fiscal,  pnidential  and  munici-  and  city  council. 
pal  affairs  of  said  city,  with  the  government  thereof,  shall 
be  vested  in  a  mayor,  one  council  of  nine  to  be  called  the 
board  of  aide  mien,  and  one  council  of  twenty-seven  to  be 
called  the  common  council ;  which  boards,  in  their  joint 
capacity,  shall  be  called  the  city  council ;  and  the  mem- 
bers thereof  shall  be  sworn  to  the  faithful  discharge  of 
their  duties.  A  majority  of  each  board  shall  constitute  a 
quorum  for  business. 

Section  2.     Section  three  of  said   chapter   is   hereby  1882, 211,  §  3, 
amended  by  striking  out  all  after  the  word  "shall",  in  the  *™®°'^®'^- 
first  line,  and  inserting  in  place  thereof  the  following  :  — 
be  divided  into  nine  wards.     The  city  council  of  said  city 
of  Taunton  shall,  on  or  before  the  first  day  of  May  in  the 
year  eighteen  hundred  and  ninety-five,  fix  the  boundaries 
of  said  wards,  and  once  in  five  years  thereafter  may  alter 
the  boundaries  of  said  wards,  so  as  to  establish,  maintain 
and  preserve,   as  nearly  as  may  be  consistent  with  well 
defined  limits  to  each  ward,  an  equal  number  of  voters 
in  each  ward,  —  so  as  to  read   as  follows: — Section  3.  ^o*be°dhided*°° 
The  city  of  Taunton  shall  be  divided   into    nine  wards,  into  nine  wards. 
The  city  council  of  said  city  of  Taunton  shall,  on  or  before 


118  Acts,  1895.  — Chaps.  125,  126. 

the  first  day  of  ]May  in  the  year  eighteen  hundred  and 
ninety-five,  fix  the  boundaries  of  said  ^ards,  and  once  in 
five  years  thereafter  may  alter  the  boundaries  of  said 
■wards,  so  as  to  establish,  maintain  and  preserve,  as 
nearly  as  may  be  consistent  with  well  defined  limits  to 
each  ward,  an  equal  number  of  voters  in  each  ward. 
When  to  take  SECTION  o.  TMs  act  sliall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Taunton,  but  shall 
be  void  unless  accepted  by  said  city  council  on  or  1)efore 
the  tenth  day  of  April  in  the  year  eighteen  hundred  and 
ninety-five.  Approved  March  16,  1S95. 

CJiaV  125  -^^  ^^'^  "^^  PKO^aDE  ADDITIONAL  CLERICAL  ASSISTANCE  FOR  THE 
CLEKK  OF  THE  MUNICIPAL  COURT  OF  THE  CITY  OF  BOSTON,  FOR 
CIVIL  BUSINESS. 

Be  it  enacted,  etc.,  as  folloivs: 
Additional  SECTION  1.     The  clcrk  of  the  municipal  court  of  the 

MsiLtance.  city  of  BostoH,  for  civil  business,  shall  l)e  paid  by  the 
county  of  Suffolk  fifteen  hundred  dollars  for  additional 
clerical  assistance,  in  addition  to  and  in  the  manner  pro- 
vided for  the  amount  now  paid  said  clcrk  by  said  county 
for  clerical  assistance. 

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

Approved  March  16,  1S95. 


Chan  I'^G        ^  ^^'^  ^^  INCORPORATE  THE  OAKLAND  CEMETERY  ASSOCIATION. 

Be  it  enacted,  etc.,  as  folloivs: 
Oakland  Section  1.     Oriu   F.    Osgood,   William   P.    Varnum, 

a1"oS.i.       Joseph  (x.  Eaton,  George  \V.  Clement,  Joseph  M.  Wil- 
incorporated.     ^^^^  ^j^^.^.  ^ggQ^iatcs  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Oakland  Cemetery  Asso- 
ciation, for  the  purpose  of  establishing  and  perpetuating 
a  place  for  the  burial  of  the  dead  in  the  town  of  Dracut, 
and  shall  have  all  the  powers  and  privileges  and  be  sub- 
ject to  all  the  duties,  liabilities  and  restrictions  set  forth 
in  chapter  eighty-two  of  the  l^ublic  Statutes  and  all  laws 
which  now  are  or  hereafter  may  be  in  force  relating  to 
such  corporations. 
May  hold  real         SECTION  2.     Said  Corporation  may  hold  such  real  and 
estat^!""""       personal  estate  as  is  necessary  and  convenient  for  tlie  pur- 
poses aforesaid,   not  exceeding   in   value   two    thousand 
dollars  ;    such  real  estate  however  shall  not  exceed  three 
acres  in  extent. 

Section  3.     This  act  shall  take  efl*ect  upon  its  passage. 

Approved  March  16,  1895. 


Acts,  1895.  — Chaps.  127,  128.  119 


An  Act  to  extend  the  poaver  of  cities  and  towns  to  adopt  the  (7At?7?.127 

PR0\1SI0NS  OF  chapter  TWO  HUNDRED  AND  FORTY- FIVE  OF  THE 
ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED  AND  NINETY-TAVO  RELATIVE 
TO  SEWERS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  eight  of  chapter  two  hundred  forty-five  of  the  is92, 245,  §  8. 
acts  of  the  year  eighteen  hundred  ninety-two  is  hereby  '^™'' 
amended  by   striking  out   the    following  words  therein, 
' '  but  has  not  prior  to  the  passage  of  this  act  actually 
made  and  collected  assessments  upon  real  estate  benefited 
thereby",  so  as  to  read  as  follows:  —  Section    8.     Any  certain provi- 
city  except  Boston,  and  any  town,  which  has  laid  or  shall  sewers  may  be 
hereafter  lay  common  sewers  may,  if  the  city  council  of  ^'^°p^®  • 
such  city  or  the  legal  voters  of  such  town  so  vote,  adopt 
any  or  all  of  the  preceding  provisions  of  this  act,  and 
of  chapter  fifty  of  the  Public  Statutes,  anything  in  any 
special  act  to  the  contrary  notwithstanding. 

Approved  March  16,  1895. 

An  Act  to  authorize  the  toaa^n  of  Hudson  to  construct  and  (7^(Z7>,128 
maintain  a  system  of  sewerage  and  sewage  disposal. 

Be  it  enacted,  etc.,  as  follows  : 

Sectiox  1.  The  town  of  Hudson  may,  by  such  board  ^^.^  for  Lwer-*' 
or  other  agency  as  it  may  determine,  lay  out,  construct  age  purposes, 
and  maintain  a  system  of  sewerage  and  sewage  disposal 
for  said  town,  and  may  b}'  such  board  or  agency  take,  by 
purchase  or  otherwise,  any  lands,  water  rights,  rights  of 
way  or  easements  in  the  town  of  Hudson  deemed  by  said 
board  or  agency  necessary  for  the  establishment  of  such 
system  of  sewerage  and  sewage  disposal  and  for  connec- 
tions therewith. 

Section  2.     No  act  shall  be  done  under  the  authority  Location,  etc., 
of  the  preceding   section  until  said  system  and  location  by^su'te^o'a^d 
have  been  approved  liy  the  state  board  of  health,   after  "^^^^'''i- 
fourteen  days'  notice  b}'  said  board  of  the  presentation  to 
it  of  such  system  for  its  approval,  by  a  publication  of  such 
notice, with  the  time  and  place  for  a  hearing  thereon,  in 
such  newspapers  and  at  such  times  as  said  board  may  deem 
proper :  and  said  board,  after  hearing,  may  reject   such 
system,  may  approve  it  or  may  modify  and  amend   the 
same,  and  approve  it  as  so  modified  and  amended. 

Section  3.     Said  town  may,  for  the  purposes  of  this  May  carry 
act,  carry  its  sewers,  pipes  and  conduits  under  any  street,  understreeu, 


120 


Acts,  189.>.  — Chap.  128. 


Description  of 
lands,  etc.,  to 
be  recorded. 


Damages. 


Town  may  offer 
a  specified  sum 
as  damages. 


May  increase 
indebtedness 
beyond  debt 
limit,  issue 
bonds,  etc. 


railroad,  highway  or  other  way  in  such  a  manner  as  not 
unnecessarily  to  obstruct  the  same,  and  do  any  other  thing; 
necessary  and  proper  for  said  purposes. 

Section  4.  Said  town,  when  it  takes  any  lands,  water 
rights,  rights  of  way  or  easements  or  other  real  estate 
under  the  authority  of  this  act,  in  any  manner  other  than 
by  purchase,  shall  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  in  which  the  same  are 
situated  a  descrii)tion  of  the  same  as  certain  as  is  required 
in  a  common  conyeyance  of  land,  with  a  statement  that 
the  same  are  taken  under  the  authority  of  this  act,  signed 
by  the  selectmen  of  said  tow'n  ;  and  upon  such  recording 
the  title  of  the  lands,  water  rights,  rights,  easements  and 
other  real  estate  so  described  shall  yest  in  said  town. 

Section  5.  Said  town  shall  pay  all  damages  sustained 
by  any  person  in  his  property  by  reason  of  such  taking, 
and  if  such  person  and  town  fail  to  agree  as  to  the  amount 
of  damages  sustained  such  damages  shall  be  assessed  and 
determined  by  a  jurv^  of  the  superior  court,  in  the  manner 
provided  by  law  when  land  is  taken  for  the  laying  out  of 
highways,  on  the  petition  therefor  by  such  person  or  town, 
filed  in  the  office  of  the  clerk  of  said  court  for  the  county 
of  ^Middlesex  at  any  time  within  the  period  of  two  years 
from  the  taking  of  such  land  or  other  property. 

Section  6.  Said  town,  in  every  case  of  a  petition  for 
a  jury  as  aforesaid,  may  offer  in  court  and  consent  in 
writing  that  a  sum  therein  s}iecified  may  be  awarded  as 
damages  to  the  complainant ;  and  if  the  complainant  shall 
not  accept  the  sum  so  offered,  within  ten  days  after  he  has 
received  notice  of  the  offer,  and  shall  not  finally  recover  a 
greater  sum  than  the  sum  so  offered,  not  including  inter- 
est, said  town  shall  be  entitled  to  recover  its  costs,  after 
the  date  of  said  offer,  and  the  complainant,  if  he  recovers 
damages,  shall  be  allowed  his  costs  only  to  the  date  of 
said  offer. 

Section  7.  Said  town,  to  carry  out  the  provisions  of 
this  act,  may  appropriate  a  sum  of  money  not  exceeding 
in  all  one  hundred  and  fifty  thousand  dollars  beyond  the 
limit  of  indebtedness  fixed  by  law  for  said  town ;  and  to 
raise  the  money  so  appropriated  the  treasurer  of  said  town 
shall  from  time  to  time,  as  requested  by  the  selectmen, 
issue  nogotial)le  l)onds,  notes  or  scrip  of  said  town,  signed 
by  said  treasurer  and  countersigned  by  a  majority  of  said 
selectmen,  payable  at  the  expiration  of  periods  not  ex- 


Acts,  1895.  — Chap.  128.  121 

ceeding  thirty  years  from  the  date  of  issue,  and  bearing 
such  rate  of  interest,  not  exceeding  six  per  cent,  per 
annum,  as  the  treasurer  of  said  town  shall  determine. 
Said  treasurer  shall  sell  the  amount  of  securities  so  re- 
quested at  public  or  private  sale,  or  pledge  the  same  for 
not  less  than  the  par  value  thereof,  upon  such  terms  and 
conditions  as  he,  with  the  approval  of  the  selectmen,  may 
deem  proper. 

Section  8.     Said  town  may  make  payable  annually  a  Annual 
fixed  proportion  of  the  principal  of  said  bonds,  notes  or  lo'Si,  etc. 
scrip,  and  shall  annually  raise  by  taxation  the  amount  re- 
quired to  meet  the  interest  thereon  and  the  proportion 
thereof  pa^'able  annually. 

Section  9.  The  state  board  of  health,  upon  applica- Abatement  of 
tion  of  the  selectmen  of  any  town  adjacent  to  the  town  of 
Hudson  or  to  any  waters  into  which  any  efHuent  of  its 
sewage  is  discharged,  alleging  the  existence  of  a  pul)lic 
nuisance  or  the  pollution  of  said  waters  to  such  a  degree 
that  the  public  health  is  endangered,  shall  appoint  a  time 
and  place  for  a  public  hearing  thereon,  and  give  such 
notice  thereof  as  said  board  shall  deem  proper.  After 
such  hearing  said  board,  if  in  its  judgment  there  is  occa- 
sion therefor,  may  order  the  town  of  Hudson  to  abate 
such  nuisance  or  to  cleanse  and  purify  its  sewage  before 
the  etfluent  is  discharged  into  the  waters  aforesaid,  so  that 
the  public  health  shall  not  be  endangered. 

Section  10.  The  selectmen  of  said  town  may  meet  ^o^/gtmcfing 
the  expenses  of  constructino-  and  maintaining  said  sewer-  an'^^i  maintaining 
age  system  and  the  sewers  of  said  town,  including  the 
sewers  of  said  system,  by  assessments  made  by  them  upon 
persons  and  estates  in  any  manner  provided  in  chapter 
fifty  of  the  Public  Statutes  and  acts  in  amendment  thereof 
or  addition  thereto,  or  in  any  other  manner  that  said  town 
may  determine ;  and  all  the  provisions  of  said  chapter 
and  acts  so  far  as  applicable  shall  apply  to  any  assess- 
ments made  under  authority  of  this  act. 

Section  11.     Any  court  having  jurisdiction  in  equity  Enforcement  of 
may,  upon  application  of  the  board  of  selectmen  of  any  boa?dVf  Laith. 
town  authorized  by  this  act  to  enter  a  complaint,  by  any 
process  or  decree  enforce  the  orders  of  the  state  l)oard  of 
health  in  the  premises. 

Section    12.     This    act    shall    take    efiect    upon    its  when  to  take 
passage ;    but   nothing    shall    be   done   and   no    liability 
shall  be  incurred  or   expenditure   made  under  the  same 


122  Acts,  1895.  —  Chaps.  129,  130. 

until  this  act  shall  be  accepted  by  a  two  thirds  vote  of  the 
legal  voters  of  said  town  of  Hudson  present  and  voting 
thereon  at  a  legal  town  meeting  called  for  the  puri)ose. 

Aj^proved  March  16,  1805. 


Chc/n  129  '^^  "^^^  RELATIVE    TO   THE   EMPLOYMENT   OF   LAI50R. 

Be  it  enacted,  etc.,  as  foUoivs: 

amended  ^^'  Scction  onc  of  cliaptcr  five  hundred  and  eight  of  the 

acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  amended  by  striking  out  in  the  seventh,  eighth 
and  ninth  lines,  the  words  "except  for  incapacity  or  mis- 
conduct, unless  in  case  of  a  general  suspension  of  labor 
in  his  or  its  shop  or  factory  ",  so  as  to  read  as  follows  :  — 

Employer  liable  ^ectioii  1.     Ally  i)erson  or  corporation  eno^aged  in  manu- 

to  payment  or  .  ...  .  .   ^    ~ 

forfeiture  in  facturiug,  which  recjuircs  from  persons  in  his  or  its  em- 
ploy, under  penalty  of  forfeiture  of  a  part  of  the  wages 
earned  l)y  them,  a  notice  of  intention  to  leave  such  em- 
ploy, shall  be  lialjle  to  the  payment  of  a  like  forfeiture  if 
he  or  it  discharges  without  similar  notice  a  person  in  such 
employ.  Approved  March  16,  1895. 


ChaV  130   "^^    ■'^^"^   ^*-*   A^'THOKIZE    THE  TOA\'N    OF    FAIIUIAVEX   TO    INCL 
"  DEBTEDXESS  BEYOXD    THE    LIMIT  FIXED    I'.Y   LAW,   FOR  THE 


•R  IX- 
lE   PUR- 
POSE OF  COXSTKUCTIXG   A   SYSTEM   OF   SEWEUAGE. 

Be  it  enacted,  etc.,  asfolloivs: 
Foirhaven  Sectiox  1.     The  towu  of  Fairhavcu,  for  the  purpose 

Sewerage  Loan,       />    i    ,•         •  ,i  <•  j_         i  •  i  •    j     •     • 

Act  of  1806.  oi  detraying  the  expense  ot  constructing  and  maintaining 
a  system  of  sewerage,  is  herel)y  authorized  to  issue  from 
time  to  time  as  may  be  required  therefor,  bonds,  notes 
or  scrip  to  an  amount  not  exceeding  eighty  thousand 
dollars,  to  be  denominated  on  the  iiice  thereof,  Fair- 
haven  Sewerage  Loan,  Act  of  1895,  bearing  interest  at  a 
rate  not  exceeding  live  per  cent,  per  annum,  ]:)ayable 
semi-annually,  the  principal  to  be  payable  at  periods  of 
not  more  than  twenty  years  from  the  date  of  issue ;  and 
shall  be  signed  by  the  treasurer  and  countersigned  l)y  the 
selectmen  or  a  majority  thereof.  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. 

Payment  of  Sectiox  2.     Said  towu   is  autliorizcd  to  make  appro- 

priations and  assess  from  time  to  time  such  amounts  as  it 


Acts,  1895.  — Chap.  131.  123 

may  from  year  to  year  decide,  towards  paying;  the  prin- 
cipal of  the  money  so  borrowed,  and  also  a  sum  sufficient 
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  Public  Statutes,  and  as  provided  hy  section 
nine  of  chapter  twenty-nine  of  the  Public  Statutes. 

Section  3.     In  determining  the  limit  of  indebtedness  Not  to  be 
of  the  town  of  Fairhaven  debts  which  have  been  incurred  d°efe"rraui/ng 
or  which  may  hereafter  be  incurred  for  the  construction  '^^^'-  '''^''' 
of  a  system  of  sewerage,  or  of  any  main  drain  or  common 
sewer  for  public  use  therein,  to  the  amount  of  eighty  thou- 
sand dollars,  shall  not  be  included. 

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

Ai^proved  March  16,  1S95. 


Chap.l^l 


sewer 
ssioners, 


An  Act  to  authorize  the  town  of  faikhaven  to  construct 

AND  maintain  A   SYSTEM   OF   SEWERAGE   AND   ELECT  A  HOARD   OF 
SEWER  COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  town  of  Fairhaven  may  elect  by  ballot  r>oard  of 
at  an  annual  or  at  any  special  town  meeting  a  l)oard  ot  election,  terms 
sewer  commissioners,  to  consist  of  three  persons  who  shall  °^°  ce.e  c. 
hold  office  for  terms  of  one  year,  two  years  and  three 
years,  respectively,  from  the  date  of  the  meeting  at  which 
the}'  are  elected  if  the  same  is  an  annual  meeting,  and  if  a 
special  meeting,  from  the  date  of  the  annual  meeting  next 
following  their  election,  and  in  either  case  until  their  suc- 
cessors are  chosen ;  and  at  each  annual  town  meeting 
thereafter  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  Vacancy. 
any  meeting  called  for  the  purpose  elect  a  person  to  fill 
said  vacancy.  The  said  board  shall  have,  execute  and  uabimie8'^"etc^' 
perform  all  the  rights,  powers  and  privileges  herel)y 
granted,  subject  at  all  times  to  the  votes  of  said  town, 
and  shall  have  all  the  powers  not  inconsistent  Avith  said 
votes  and  be  subject  to  all  the  duties,  liabilities  and  pen- 
alties which  are  conferred  or  imposed  upon  sewer  com- 
missioners by  the  provisions  of  chapter  four  hundred  and 
twenty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three.  The  said  board  shall  receive  such  compen-  compensation. 
sation  as  the  town  shall  from  time  to  time  determine. 


124: 


Acts,  1895.  — CtiAr.  131. 


May  coDBtnict 
and  maiDtnin 
8j>tem8  of 
eewerage,  etc. 


May  carry 
sewers,  etc., 
under  streets, 
etc. 


Description  of 
land,  etc.,  to  be 
recorded. 


Damages. 


Town  may  offer 
a  specified  sum 
as  damages. 


Secttox  2.  The  town  of  Fairhavon  may  l>y  its  board 
of  sewer  commissioners  construct  and  maintain  one  or 
more  systems  of  main  drains  and  of  sewerage  for  said 
town,  and  shall  execute  and  perform  the  conditions  of  the 
contracts  now  in  being,  made  ]>y  the  selectmen  in  behalf 
of  said  town,  relating  to  the  construction  of  a  system  of 
sewerage  in  said  town,  re(]uired  to  be  performed  on  the 
part  of  said  town  ;  and  may  include  any  or  all  of  the  com- 
mon sewers  now  laid  in  said  town. 

Section  3.  Said  town  may  for  the  purposes  of  this 
act  carry  its  sewers,  drains,  pipes  and  conduits  under  and 
along  any  street,  railroad,  highway  or  other  way,  in  such 
a  manner  as  not  to  unnecessarily  obstruct  the  same,  and 
do  any  other  thing  necessary  and  proper  for  said  pur- 
poses. 

Section  4.  Said  town  when  it  takes  any  land,  water 
rights,  rights  of  way  or  easements,  or  other  real  estate, 
under  the  authority  of  this  act,  in  any  manner  other  than 
by  purchase,  shall  within  sixty  days  after  said  taking  cause 
to  l)e  recorded  in  the  registry  of  deeds  for  the  county  in 
which  the  same  arc  situated  a  description  of  the  same  as 
certain  as  is  required  in  a  common  conveyance  of  land, 
with  a  statement  that  the  same  are  taken  under  the  author- 
ity of  this  act,  signed  by  said  sewer  commissioners ;  and 
upon  such  recording  the  title  of  the  lands,  water  rights, 
rights,  casements  and  other  real  estate  so  described  shall 
vest  in  said  town  of  Fairhaven. 

Section  5.  Said  town  shall  pay  all  damages  sustained 
by  any  person  or  corporation  in  property  by  reason  of 
such  taking,  and  if  such  person  or  corporation  fails  to 
agree  Avith  the  town  as  to  the  amount  of  damages  sustained 
such  damages  shall  be  assessed  and  determined  l)y  a  jury 
of  the  superior  court,  in  the  manner  provided  by  law 
Avhen  lancl  is  taken  for  the  laying  out  of  highways,  on 
petition  therefor  by  such  ])erson,  corporation  or  town, 
filed  in  the  office  of  the  clerk  of  said  court  for  the  county 
of  Bristol  at  any  time  within  the  period  of  two  years  from 
the  taking  of  such  land  or  other  property. 

Section  G.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages  by  a  jury  as  aforesaid  said  town  may 
ofler  in  court  and  consent  in  writing  that  a  sum  therein 
specified  may  be  awarded  as  damages  to  the  complainant ; 
and  if  the  complainant  shall  not  accept  the  sum  so  offered 
within  ten  days  after  he  has  received  notice  o(  the  filing 


Acts,  1895.  — Chap.  131.  125 

of  such  offer,  and  shall  not  finally  recover  a  greater  sum 
than  the  sum  so  offered  and  interest  thereon  to  the  time 
of  the  verdict,  said  town  shall  be  entitled  to  recover  its 
costs  I'rom  the  date  of  the  offer ;  and  the  complainant  if  he 
recovers  damages  shall  be  allowed  his  costs  only  to  the 
date  of  said  offer. 

Section  7.     The  owners  of,  estates   situated  upon   a  owners  of 
street  or  way  in  which  a  common  sewer  in  such  system  is  to  pay  propoT. 
laid  shall  each  pay  such  proportional  share  of  the  estimated  es'ti'matercost. 
cost  of  all  the  sewers,  including  in  said  estimated  cost  all 
damages  paid  or  incun^ed  under  the  provisions  of  this  act, 
in  said  system,  estimated  upon  said  estates  to  such  fixed 
depth  from  said  street  or  way  as  shall  be  directed  by  the 
voters  of  said  town  by  a  majority  vote  of  the  whole  num- 
ber of  votes  of  the  voters  present  and  voting  thereon  at 
any  annual  or  special  town  meeting  of  said  town   duly 
called  for  that  purpose,  but  no  owner  shall  be   assessed 
under  this  section  unless  a  common  sewer  is  laid  along  the 
whole  or  a  portion  of  that  part  of  the  street  or  way  which 
abuts  upon  his  estate. 

Section  8.  Said  board  of  sewer  commissioners  shall  oflZteameniL 
estimate  the  cost  of  such  sewer  system,  and  upon  the  com- 
pletion of  such  system,  or  of  such  portion  thereof  as  said 
town  shall  by  vote  direct,  shall  levy  an  assessment  under 
section  seven  of  this  act,  and  said  board  shall  transmit  to 
the  collector  of  taxes  of  said  town  a  list  of  persons  liable 
to  such  assessment,  together  with  the  amount  due  from 
each.  Each  person  shall  pay  his  assessment  to  the  said 
collector  within  three  months  after  said  list  has  been  so 
transmitted :  provided ^  that  the  board  having  charge  of  Proviso, 
such  assessments,  upon  the  request  of  the  person  assessed, 
or  of  his  agent,  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  j^ears  thereafter,  on 
or  before  the  iirst  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  five  per  cent,  per  annum. 
The  collector  shall  serve  upon  the  person  assessed,  or  Notice  to  be 
upon  any  person  occupying  or  having  charge  of  the  estate  ^^"'^  * 
upon  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 


126 


Acts,  1895.  — Chap.  131. 


ABsessments  to 
constitute  a 
lien  on  estates, 
etc. 


Persons 
aggrieved 
may  apply  for 
abatement. 


Assessment 
may  be  omitted 
in  certain  cases, 
etc. 


ProvlBO. 


assessed,  to  his  address  last  known  to  the  collector,  within 
one  month  after  said  list  is  committed  to  the  collector, 
shall  be  deemed  a  sufficient  notice  under  this  section. 

Section  9.  Assessments  so  made  shall  constitute  a 
lien  on  the  portion  of  such  estates  included  in  the  fixed 
depth  determined  under  the  provisions  of  section  seven 
of  this  act,  for  two  years  after  the  same  are  made  and 
committed  to  the  collector  for  collection,  or  in  case  of 
apportionment,  for  two  years  arter  the  last  part  is  due, 
and  may,  with  incidental  costs  and  expenses,  be  levied  l)y 
sale  of  such  estates  if  the  assessment  is  not  paid  within 
three  months  after  the  date  of  notice  from  said  collector 
that  the  list  has  been  transmitted  to  the  collector,  or  if 
apportioned,  within  three  months  after  each  assessment  is 
payal)le  ;  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  assessments 
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  may  appeal  from  the  decision  of  said  board  m 
the  manner  now  provided  by  law  for  appeals  from  assess- 
ments for  construction  of  sewers. 

Sectiox  10.  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  such  notice  of  such  assessment  apply  to  said 
board  for  an  abatement  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  boavd 
may  abate  the  whole  of  said  tax  or  such  part  thereof  as  it 
deems  reasonable ;  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  extend  the  time  of  payment  of  any  part  of 
said  assessments  upon  estates  not  l)uilt  upon  for  a  fixed 
time,  not  exceeding  five  years,  unless  the  same  are  sooner 
built  upon  :  provided,  that  interest  at  a  rate  not  less  than 
five  per  cent,  per  annum  be  paid  annually  upon  the  assess- 


Acts,  1895.  — Chaps.  132,  133.  127 

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  by  the  erection  of  any  portion  of  a 
building  thereon,  or  after  the  expiration  of  such  fixed 
time.  If  any  assessment  is  invalid  in  whole  or  in  part 
for  any  reason  whatever,  or  if  any  error  is  made  in  deter- 
mining the  amount  of  any  assessment,  the  same  may  be 
in  whole  or  in  part  abated  and  reassessed.  The  owners  useof  eewers 
or  occupants  of  estates  not  lial)le  to  assessment,  or  not  in  assesTed."^  ^° 
fact  assessed,  may  use  the  common  sewers  for  the  disposal 
of  their  sewage  from  said  estate,  by  paying  such  reason- 
able sum  as  the  board  having  charge  of  the  assessment 
shall  determine,  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  al)utters  under 
section  seven  of  this  act. 

Section  11.     This  act  shall  take  eflect  upon  its  accept-  when  to  take 
ance  by  a  vote  of  said  town  of  Fairhaven  at  a  legal  town 
meeting  held  for  the  purpose. 

AjDj^roved  March  16, 1895. 


An  Act  to  provide  clerical,  and  messenger  service  iok  the 
board  of  education. 


Chap.132 


Be  it  enacted,  etc.,  asfoHoivs: 

Section  1.     The  board  of  education  may  expend  an- clerical  and 
nually  a   sum   not   exceeding   two    thousand  dollars  for 
clerical  and  messenger  service. 

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

Approved  March  16,  1895. 


messenger 
service. 


An  Act  to    provide  clerical  assistance  por  the    treasurer 
OP  the  county  op  Norfolk. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  treasurer  of  the  county  of  Norfolk  '^^ll^^l 
shall  be  allowed  for  clerical  assistance  a  sum  not  exceeding 
two  hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  January  in  the  year  eighteen  hundred  and  ninety- 
five,  to  lie  paid  out  of  the  treasury  of  the  county  to  per- 
sons who  actually  perform  the  work,  upon  the  certificate 
of  said  treasurer  that  the  work  is  actually  performed  by 
them,  countersigned  by  the  county  commissioners. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  March  16,  1895. 


Chap. 133 


128  Acts,  1895.  — Chaps.  134,  135,  136. 

ChdT)  134  -^^  ■'^^^  KELATIVE   TO   THE   DISTRIBUTION   OF   LEGACIES. 

Be  it  enacted  etc.,  as  follows: 

^'^"^m^de?"'^'  Section  1.  Whenever  bv  the  provision  of  a  will  a 
di'stribiiiion  of  legacy  is  to  be  distributed  in  whole  or  in  part  among  the 
cenainVa^es.  lieirs  or  uext  of  kin  of  any  person  or  persons,  or  in  a  class 
of  persons,  the  probate  court,  on  the  application  of  any 
person  interested,  after  such  notice  as  it  may  order,  may 
order  distribution  to  be  made  to  such  individual  or  individ- 
uals as  according  to  the  will  seem  to  be  entitled  to  the 
legacy,  and  such  order  of  distribution  shall  protect  the 
executor  or  administrator  obeying  the  same  as  fully  as  an 
order  of  distribution  in  an  intestate  estate. 

Section  2.     This  act  shall  take  effect  upon  its  i")assage. 

Approved  March  IG^  1895. 

ChaV.1^5  ■^^    -^^^    ^^    EXTEND    THE    TIME  FOR    THE    CONSTRUCTION    OF    THE 
FALL  RIVER  ELECTRIC  FREIGHT  RAILWAY. 

Be  it  enacted,  etc.,  as  follows : 
Time  for  Section  1 .     The   time   within   which   the  Fall   River 

construction  •        -r-\       •     i         t-»     -i  r^  i  •  ^ 

extended.  Elcctnc  t  rcight  Kailway  Company  may  begin  and  com- 

plete the  construction  of  its  road,  as  authorized  by  dui})- 
ter  one  hundred  and  twenty-six  of  the  acts  of  the  ^ear 
eighteen  hundred  and  uinetj'-one,  is  hereby  extended  to 
the  first  day  of  July  in  the  year  eighteen  hundred  and 
ninety-seven ;  and  all  the  rights,  powers,  privileges  and 
franchises  i)Ossessed  ])y  said  company  shall  continue  to  be 
possessed  by  it  in  the  same  manner  and  with  the  same 
effect  as  if  its  railway  had  been  constructed  and  completed 
within  the  time  prescribed  by  law. 

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

Approved  March  16,  1S95. 


Chap.136 


An  Act  relative  to  the  heating  of  street  railway  cars. 
Be  it  enacted,  etc.,  as  folloivs : 
Heating  of  Section  1.     The  boai'd  of  railroad  commissiouers  sliall 

cars.  require  street  railway  comi)aiiies  to  heat  such  cars  when 

in  use  l)y  them  for  the  trans] )()i'tation  of  passengers,  at 
such  times,  by  such  means  and  to  such  extent,  as  said 
board  shall  determine. 
Penalty.  Section  2.     Evciy  strcct  railway  company  shall  for- 

feit twenty-five  dollars  for  each  trip  run  by  any  of  its  cars 
not  heated  as  provided  in  section  one,  except  in  case  of 
accident  to  the  heating  process  or  apparatus. 


Acts,  1895.  — Chaps.  137,  138.  129 

Section  3.     It  shall  be  the  duty  of  the  district  police  Enforcement  of 

..  /.i"  T  j^'  provisions. 

to  see  that  the  provisions  oi  the    preceding  sections   are 
enforced. 

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

Approved  March  16,  1S93. 

An  Act  to  authorize  the  town  of  attlebokough  to  refund  (7^ar>.137 

A  portion  of  its  avater  debt. 
Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  town  of  Attleborough  may,  for  the  Attieborough 
purpose  of  refunding  the  bonds  issued  under  the  authority  Bonds,  isyo*.  ^ 
of  chapter  ninety-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  issue  bonds  to  an  amount  not 
exceeding  fifty  thousand  dollars,  bearing  upon  their  face 
the  words,  Attleborough  Water  Supply  Bonds,  1895. 
The  proceeds  of  the  bonds  shall  be  used  only  for  the  pur- 
pose of  the  redemption  of  bonds  outstanding  under  said 
act,  and  if  any  balance  shall  remain  the  same  shall  be  paid 
into  the  sinking  fund  of  said  town  from  which  said  bonds 
are  to  be  paid  at  maturity.  Said  bonds  shall  bear  interest 
at  a  rate  not  exceeding  four  per  cent,  per  annum  and  shall 
be  payable  on  or  before  the  first  day  of  January  in  the 
year  nineteen  hundred  and  twenty-one. 

Section  2.     This  act  shall  take  efiect  upon  its  accept- 
ance by  the  town  of  Attleborough. 

Approved  March  16,  1895. 

An  Act  to  provide  for  operating  the  north  metropolitan  (^ijf^j^  1S8 

SYSTEM  of  sewerage.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  For  the  purpose  of  providing  for  the  cost  ? ""'j^g^t^'in  ^^lei 
of  the  maintenance  and  operation  of  the  system  of  sewage  and  towns. 
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  paid  out  of  the  treasury  of  the  Com- 
monwealth a  sum  not  exceeding  forty-six  thousand  dol- 
lars during  the  year  eighteen  hundred  and  ninetv-five ; 
this  sum  to  be  in  addition  to  the  amount  provided  for  by 
chapter  one  hundred  and  thirty-one  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four. 

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

Approved  JIarch  19,  1S95. 


130 


Acts,  1895.  — Chaps.  139,  140. 


CJiap.139        -^^  ^^'^  RELATIVE  TO  THE  TRUSTEES  OF  THE  STICKNEY  FUND 

Be  it  enacted,  etc.,  asfolloics: 


1894,  306,  §  1, 
amended. 


Trustees  of  the 
Stickney  Fund. 


Section  1.  Section  one  of  chapter  three  hundred  and 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  is  hereby  amended  by  inserting  in  the  seventh  line, 
after  the  word  "  Bank",  the  words  :  — of  Massachusetts, 
Albert  Davis  of  the  town  of  AVhitman,  treasurer  of  the 
county  of  Plymouth,  Massachusetts,  —  so  as  to  read  as 
follows:  —  )Sectioii  1.  John  D.  Long,  president  of  the 
Pilgrim  Society  of  Plymouth,  Charles  B.  Stoddard,  treas- 
urer of  the  said  Pilgrim  Society  and  president  of  the  Plym- 
outh 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  of  Massachusetts,  Albert 
Davis  of  the  town  of  Whitman,  treasurer  of  the  county  of 
Plymouth,  ^Massachusetts,  Arthur  Lord,  chairman  of  the 
selectmen  of  the  town  of  Plymouth,  and  Benjamin  W. 
Harris,  the  judge  of  the  court  of  proljatc  I'or  the  county 
of  Plymouth,  named  as  trustees  b}^  and  under  the  will  of 
J.  Henry  Stickney,  late  of  Baltimore  in  the  state  of  Mary- 
land, deceased,  and  their  successors  in  the  said  official 
positions  now  held  by  them  respectively,  are  lierel)y  made 
a  corporation  by  the  name  of  the  Trustees  of  the  Stickney 
Fund,  for  the  purposes  of  holding  and  expending  said 
fund  as  provided  in  said  will  with  greater  facility  and 
security,  and  with  all  the  powers  and  privileges  and  sub- 
ject to  all  the  restrictions,  duties  and  lia))ilities  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.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  19,  lS9o. 


C^a'».140  ^^'  ^^"^    RELATIVE   TO  MORTGAGES  OF    REAL   ESTATE    BY  ADMINIS- 

TKATOKS. 


P.S.134,  §10, 
amended. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  nineteen  of  chapter  one  hundred 
and  thirty-four  of  the  Public  Statutes  is  hereby  amended 
by  inserting  in  the  fourth  line,  after  the  word  "  executor", 
the  word: — administrator, — by  striking  out  in  the  fifth 
line,  the  word  "testator",  and  inserting  in  place  thereof 


Acts,  1895.  — Chap.  Ul.  131 

the  word:  —  deceased,  —  by  striking  out  in  the  seventh 
line,  the  word  "testator",  and  inserting  in  place  thereof 
the  word  :  —  deceased,  —  and  by  striking  out  all  of  the 
section  after  the  word  "mortgage",  in  the  ninth  line,  so 
as  to  read  as  follows:  —  Section  19.     The  probate  court  Ese<;utor or ad- 

1         •  ••■>•,•  /«  i  I  j_    j_         r-         1  1  miQistrator  may 

having  jurisdiction  oi  the  estate  ot  a  deceased  person  may  be  authorized 
on  petition  and  after  notice  to  all  persons  interested,  if  reaTeltafe^.*^ 
upon  a  hearing  it  appears  to  be  for  the  benefit  of  such 
estate,  authorize  an  executor,  administrator,  or  adminis- 
trator with  the  will  annexed,  to  mortgage  any  real  estate 
of  the  deceased  for  the  purpose  of  paying  debts,  legacies, 
or  charges  of  administration,  or  for  the  purpose  of  paying 
an  existing  lien  or  mortgage  on  the  estate  of  the  deceased  ; 
or  it  may  authorize  such  executor  or  administrator  to 
make  an  agreement  for  the  extension  or  renewal  of  such 
an  existing  mortgaae. 

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

Approved  March  19,  1895. 


An  Act  relative  to  the  removal  op  persons  and  propkrtt  f^jf^jj^  14.I 

UNLAAVFULLY   OCCUPYIXG    THE    PREOTSES    OF   THE     STATE    PRISON,  ^ 

MASSACHUSETTS    REFORMATORY    AND    REFORMATORY    PRISON    FOR 
WOMEN. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  warden  of  the  state  prison,  the  super-  Persons,  etc., 
intendent   of  the   Massachusetts    reformatory,    and    the  occupyl'ng^ 
superintendent  of  the  reformatory  prison  for  w^omen,  are  BuaTprfson, 
hereby  severally  authorized  to  cause  to  be  ejected  and  to  gjectl^!^  ^^ 
be  removed  from  the  premises  under  their  control,  with- 
out other  process  of  law  than  is  contained  in  this  act,  any 
person  and  any  property  unlawfully  occupying  or  upon 
any  portion  of  said  state  prison,  Massachusetts  reforma- 
tory or  reformatory  prison  for  women,  or  any  portion  of 
any  building  or  land  used  in  connection  therewith. 

Section  2.  Any  person  who  has  suifered  damage  by  Damages. 
the  unlawful  ejection  or  removal  of  person  or  property 
from  said  premises  may  bring  suit,  by  an  action  of  tort, 
in  the  superior  court  for  the  county  of  Suflblk,  against  the 
Commonwealth  to  recover  the  amount  of  said  damage, 
within  four  years  from  the  date  of  said  ejection  or  removal. 

Section  3.     This  act  shall  take  effect  upon  the   first  J"/''^^^^* 
day  of  July  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  March  19,  1895. 


332 


Acts,  1895.  — Chats.  142,  143. 


C'7i07J.142   -^N  -^CT  TO    AUTHORIZE   "WOMEN    TO   HOLD    THE    Ol'l  ICE    OK  ASSIST- 

AXT  TOMT^  OK  Cixr   CLERIC. 

Be  it  enacted,  etc.,  as  folloios: 

J^^^l^tx,o\\s\.        Section  1.     No  person  sball  be  deemed  ineligible  to 
bie  by  reason  of  hold  tbc  office  of  assistant  town  or  city  clerk  by  reason  of 

sex.  »'  V 


sex. 


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

Approved  March  10,  1895. 


C%>.143 


Annual 
estimates  for 
county  taxes, 
etc. 


Repeal. 


Ax  Act  relatia'e  to  estimates  for  couxtv  taxes. 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1 .  The  county  commissioners  for  each  county 
shall  annually  prepare  estimates  of  the  taxes  needed  by 
their  several  counties  for  the  ensuing  year,  including  the 
construction  and  repair  of  county  buildings  and  their 
appurtenances.  Said  estimates  shall  be  made  in  such 
form  as  the  controller  of  county  accounts  shall  direct,  and 
upon  blanks  to  be  furnished  by  him.  They  shall  be 
recorded  by  the  clerk  of  the  commissioners  in  a  book  kept 
for  the  purpose,  and  a  copy  thereof,  signed  by  the  pre- 
siding commissioner  and  attested  by  the  clerk  of  the  com- 
missioners, shall  be  sent  to  the  controller  of  county 
accounts  by  said  clerk  on  or  before  the  fifteenth  day  of 
December.  Said  commissioners  shall  also  make  to  said 
controller  at  the  same  time  a  statement  of  the  amount  of 
the  county  debt,  specifying  the  lengih  of  time  which  the 
several  obligations  have  to  run  and  the  rates  of  interest 
paid  thereon,  separating  the  loans  made  in  anticipation  of 
taxes  from  the  permanent  loans ;  also  a  statement  of  the 
amount  of  taxes  due  and  unpaid  at  the  time  of  making 
said  estimates.  Said  controller  shall  analyze  and  classify 
said  estimates,  as  nearly  as  possible  upon  a  uniform  basis, 
together  with  the  statements  of  delinquent  taxes  and  of 
indebtedness,  and  report  the  same  in  i)rint  to  the  general 
court  at  the  earliest  possible  date.  He  shall  send  a  copy 
of  said  report  to  the  mayor  of  each  city  and  the  selectmen 
of  each  town  in  the  Commonwealth. 

Section  2.  Section  twenty-two  of  chapter  twenty- 
three  of  the  Public  Statutes  is  hereljy  repealed. 

AjJjjroved  March  ID,  1895. 


Acts,  1895.  — Chaps.  144,  145.  183 


An  Act  requiring  specifications  to  be  furnished  to  persons  Chav.li4i4: 

EMPLOYED  IN  COTTON.  "WORSTED  AND  WOOLLEN  FACTORIES. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  occupier  or  manager  of  every  textile  specifications, 

/»,  iiij_-  1  1  rates  of  com- 

lactory  snail  post  in  every  room  where  any  employees  penaation,  etc., 
work  by  the  job,  in  legible  writing  or  printing,  and  in  fextue  factories. 
sufficient  numbers  to  l)e  easily  accessible  to  such  em- 
ployees, specifications  of  the  character  of  each  kind  of 
work  to  be  done  by  them,  and  the  rate  of  compensation. 
Such  specitications  in  the  case  of  weaving  rooms  shall  state 
the  intended  or  maximum  lenglh  or  weight  of  a  cut  or 
piece,  the  count  per  inch  of  reed,  and  the  number  of  picks 
per  inch,  and  the  price  per  cut  or  piece,  or  per  pound  ;  or, 
if  payment  is  made  per  pick  or  per  yard,  the  price  per 
pick  or  per  yard  ;  and  each  warp  shall  bear  a  designating 
ticket  or  mark  of  identitication.  In  roving  or  spinning 
rooms  the  number  of  roving  or  yarn  and  the  price  per 
hank  for  each  size  of  machine  shall  be  stated ;  and  each 
machine  shall  bear  a  ticket  stating  the  number  of  the  rov- 
ing or  yarn  made  upon  it. 

Section  2.  Any  occupier  or  manager  of  a  textile  Penalty, 
factory  who  fails  to  comply  with  the  provisions  of  the  pre- 
ceding section  shall  for  the  first  offence  be  punished  by 
fine  of  not  less  than  twenty- five  dollars  nor  more  than 
fifty  dollars,  and  for  each  subsequent  offence  by  fine  of 
not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars. 

Section  3.     The  members  of  the   inspection  depart-  Enforcement  of 
ment  of  the  district  police  force  shall  enforce  the  provi-  p'^"^'""^^* 
sions  of  this  act. 

Section  4.     All  acts  inconsistent  herewith  are  hereby  Repeal. 
repealed.  Approved  March  19, 1895. 

An  Act  to  require  the  boston  and  maine  railroad  to  dis-  f^-j        -ij^p- 

CONTINUE    THE    RUNNING    OF    CERTAIN    TRAINS    IN    THE    CITV    OF  ^  ' 

LOWELL. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     For  the  purpose  of  eliminating  the  dangers  Running  of 
and  inconveniences  of  the  grade  crossings  of  the  Lowell  ro'weu  to'br '" 
and  Andover  Railroad  Company  over  George,  Church,  '''«'=°'^"'^'^«d. 
Eogers  and  Lawrence  streets,  in  the  city  of  Lowell,  the 
Boston  and  Maine  Railroad,  lessee  of  the  said  Lowell  and 
Andover  railroad,  is  hereby  required  from  and  after  the 


134 


Acts,  1895.  — Chaps.  146,  147. 


May  coDBtriict, 
etc.,  single  or 
double  tracks, 
etc. 


first  day  of  October  of  the  current  year  to  discontinue 
the  running  of  trains  over  said  crossings,  except  for  the 
transportation  of  freight  to  and  from  the  manufacturing 
corporations  in  said  city  and  to  and  from  business  estab- 
lishments on  the  line  of  said  Lowell  and  Andover  railroad. 

Section  2.  The  said  Boston  and  Maine  Raih'oad  is 
hereby  autliorized  to  locate,  construct  and  maintain  single 
or  double  tracks  from  the  tracks  of  said  Lowell  and 
Andover  railroad,  at  a  point  near  Concord  river  bndge 
southwesterly  of  the  Lowell  cemetery,  to  connect  with  the 
tracks  of  the  Lowell  and  Lawrence  railroad,  and  to  use 
the  same  for  the  transportation  of  freight  and  passengers 
to  and  from  the  railroads  of  which  it  is  the  lessee  :  pro- 
vided,  however,  that  the  Boston  and  Maine  Railroad  shall 
not  substantially  diminish  the  present  accommodation  for 
passengers  on  the  line  of  said  Lowell  and  Andover  rail- 
road to  and  from  the  city  of  Lowell,  without  the  ap- 
proval of  the  railroad  commissioners. 

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

Approved  March  19,  1895. 


Chap. 14:6  -^N   -^^"^   RELATIVE    TO    EXERCISE 

couNTr  ntisoxs 


FOR    UNEMPLOYED    CONVICTS   IN 


Exercise  for 
unemployed 
prisoners. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  commissioners  of  prisons  shall  make 
rules  from  time  to  time  for  the  several  jails  and  houses  of 
correction  to  secure  for  unemployed  sentenced  prisoners 
held  therein,  proper  exercise,  with  the  purpose  of  prevent- 
ing, as  far  as  jiracticalile,  injury  to  the  health  of  such 
prisoners  from  their  imprisonment. 

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

Approved  March  22,  1895. 


ChajJ.l^T  -A-^  ^CT  to   change   the  NAME    OF  THE   WYOMA  METHODIST   EPIS- 
COPAL CHURCH. 

Be  it  enacted,  etc. ,  as  foUoios : 
Name chant'.d.       Section  1.     The  name  of  the  Wyoma  INIethodist  Epis- 
copal Church  in  Lynn  is  hereby  changed  to  the  Broadway 
IVIethodist  Episcopal  Church. 

Section  2.  All  gifts,  grants,  bequests  and  devises 
heretofore  or  hereafter  made  to  said  corporation  hy  cither 
of  said  names  shall  vest  in  the  Broadway  Methodist  Epis- 
copal Church. 

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

Approved  March  22, 1895. 


Gifts,  bequests, 
etc. 


Acts,  1895.  — Chap.  148.  135 

An  Act  to  incorporate  the  city  op  north  adams.  ChciX>A.4S 

Be  it  enacted,  etc.,  as  follows: 

TITLE    1.      MUNICIPAL  GOVEEXMEXT. 

Section  1.  The  inhabitants  of  the  town  of  North  ^"^,°f^°^'r^ 
Adams  sliall,  in  case  of  the  acceptance  of  this  act  by  the  porated. 
voters  of  said  town  as  hereinafter  provided,  continue  to  be 
a  body  politic  and  corporate,  under  the  name  of  the  City 
of  North  Adams ;  and  as  such  shall  have,  exercise  and 
enjoy  all  the  rights,  immunities,  powers  and  privileges, 
and  shall  be  subject  to  all  the  duties  and  obligations,  now 
pertaining  to  and  incumbent  upon  the  said  town  as  a 
municipal  corporation. 

Section  2.     The  administration  of  all  the  fiscal,  pru-  Government  to 
dential  and  municipal  affairs  of  said  city,  with  the  govern-  nfayor  and°city 
ment  thereof,  shall,  except  the  affairs  of  public  schools,  be  '^o"""'- ^tc 
vested  in  an  executive  department,  which  shall  consist  of 
one  officer,  to  be  called  the  mayor,  and  in  a  legislative 
department  w^hich  shall  consist  of  a  single  body,  to  be 
called  the    city  council,  the   members  whereof  shall   be 
called  councilmen.     The  executive  department  shall  never 
exercise  any  legislative  power,  and  the  legislative  depart- 
ment shall  never  exercise  any  executive  power,  except  as 
herein  otherwise  provided. 

Section  3,     The   territory  of  said  city  shall  first  be  DwiBioninto 
divided  into  seven  wards,  as  hereinafter  provided,  but  said  '^^'^ 
number,  upon  any  subsequent  division  of  said  city  into 
new  wards,  may  be  increased  by  an  affirmative  vote  of  a 
majority  of  the  members  of  the  city  council,  passed  previ- 
ous to  and  in  the  year  of  such  division. 

TITLE    2.       elections    AND   MEETINGS. 

Section  4.  The  municipal  election  shall  take  place  Municipal  eiec- 
annually  on  the  third  Tuesday  of  December,  and  the  ipa"?  yearr""^^"' 
municipal  year  shall  l)egin  on  the  first  Monday  of  January 
following.  All  meetings  of  the  citizens  for  municipal 
purposes  shall  be  called  by  warrants  issued  by  order  of 
the  city  council,  which  shall  be  in  such  form,  and  be 
served  and  returned  in  such  manner  and  at  such  times,  as 
the  city  council  may  by  ordinance  direct. 

Section  5.     At    such    municipal   election    the   quali-  ^enTetc.^'tobe 
fied  voters  shall  ffive  in  their  votes  by  ballot  in  the  several  elected  by 

O  «/  biillot    6tc 

wards  for  mayor  and  councilmen,  and  for  the  members  of 


136 


Acts,  189.>.  — Chap.  148. 


Mayor,  council, 
nicu,  etc.,  to  be 
elected  by  bal- 
lot, etc. 


Meetings  for 
election  of 
national,  state, 
etc.,  officera. 


Ward  meetings 
may  be  held  in 
adjacent  ward. 


General  meet- 
ings  of  qualified 
voters. 


the  board  of  assessors,  board  of  trustees  of  the  public 
library,  and  of  the  school  committee  then  to  be  elected, 
and  the  person  receiving  the  highest  number  of  votes  for 
any  office  shall  be  deemed  and  declared  to  ])e  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  rcfjuired  to  be  chosen,  receiving  the  highest  num- 
ber of  votes  shall  ])e  deemed  and  declared  to  be  elected. 
If  it  shall  appear  that  there  is  no  choice  of  mayor,  or  if 
the  person  elected  mayor  shall  refuse  to  accept  the  office, 
or  shall  die  before  qualifying,  or  if  a  vacancy  in  said  office 
shall  occur  subsequently  and  more  than  three  months  pre- 
vious to  the  expiration  of  the  municipal  year,  the  city 
council  shall  forthwith  cause  warrants  to  l)e  issued  for  a 
new  election,  and  the  same  proceedings  shall  be  had  in  all 
respects  as  hereinbefore  provided  for  the  election  of 
mayo:%  and  shall  be  repeated  until  the  election  of  a  mayor 
is  completed.  If  the  full  number  of  members  of  the  city 
council  has  not  been  elected,  or  if  a  vacancy  in  the  office 
of  councilman  shall  occur  subsequently  and  more  than  six 
months  previous  to  the  expiration  of  the  municipal  year,  the 
council  may  forthwith  elect  some  person  or  persons  to  fill 
the  vacancy  or  vacancies  until  the  next  annual  municipal 
election.  The  board  of  assessors  shall  consist  of  three 
persons,  who  shall  be  elected  in  the  manner  provided  in 
section  forty-one  for  the  election  of  trustees  of  the  public 
library. 

Section  6.  All  meetings  for  the  election  of  natif)nal, 
state,  county  and  district  officers  shall  be  called  by  order 
of  the  city  council,  in  the  same  manner  as  meetings  for 
municipal  elections  are  called. 

Section  7.  The  city  council  may,  when  no  convenient 
wardroom  for  holding  the  meetings  of  the  citizens  of  any 
ward  can  he  had  Avithin  the  territorial  limits  of  such  ward, 
appoint  and  direct,  in  the  warrant  for  calling  any  meeting 
of  the  citizens  of  such  ward,  that  the  meeting  be  held  in 
some  convenient  place  within  the  limits  of  any  adjacent 
ward  of  the  city;  and  for  such  purjjose  the  place  so 
assigned  shall  be  deemed  and  taken  to  be  a  part  of  the 
ward  for  Avhich  the  election  is  held. 

Section  S.  General  meetings  of  the  citizens  (|ualified 
to  vote  may  from  time  to  tune  be  held  according  to  the 
right  secured  to  the  people  by  the  constitution  of  this  Com- 
monwealth, and  all  such  meetings  may,  and  upon  the  re- 


Acts,  1895.  — Chap.  148.  137 

quest  in  writing  of  fifty  qualified  voters  setting  forth  the 
purposes  thereof,  shall  be  duly  called  by  the  city  council. 

TITLE    3.       LEGISLATIVE    DEPARTMENT. 

Section  9.  The  members  of  the  city  council  shall  ^,eaion"'term, 
consist  of  twenty-one  councilmen  at  large,  who  shall  be  etc. 
elected  by  the  inhabitants  of  the  city  as  follows  :  At  tbe 
first  numicipal  election  held  under  this  act  twenty-one 
members  at  large  of  the  council  shall  be  elected  by  the 
qualified  voters  of  the  entire  city,  seven  to  serve  for  the 
term  of  three  years,  seven  for  the  term  of  two  years 
and  seven  for  the  term  of  one  year,  beginning  with  the 
first  jNIonday  in  January  then  next  ensuing  ;  and  thereafter 
seven  members  at  large  of  said  city  council  shall  be  elected 
in  like  manner  at  each  annual  municipal  election,  to  serve 
for  the  term  of  three  years  beginning  with  the  first 
Monday  in  January  next  ensuing,  in  place  of  the  members 
at  large  whose  term  then  expires.  At  the  first  municipal 
election  no  voter  shall  vote  for  more  than  five  of  the 
councilmen  to  be  elected  for  each  term,  that  is  to  say,  not 
more  than  fifteen  in  the  aggregate  on  one  ballot,  and  the 
seven  having  the  highest  number  of  votes  for  each  term 
shall  be  declared  elected.  At  all  municipal  elections 
subsequent  to  the  first  election  no  voter  shall  vote  for 
more  than  five  of  the  seven  councilmen  to  be  elected  at  an 
annual  election  on  one  ballot,  and  the  seven  having  the 
highest  number  of  votes  shall  be  declared  elected.  The 
councilmen  shall  hold  office  for  three  years,  except  as 
herein  otherwise  provided,  beginning  with  the  first  Mon- 
day in  January  next  succeeding  their  election,  and  until 
their  successors  shall  be  elected  and  qualified,  A  majority  Quorum,  etc. 
of  the  board  shall  constitute  a  quorum  for  the  transaction 
of  business.  In  case  an  election  is  held  to  fill  a  vacancy 
or  vacancies  in  the  council  a  voter  may  vote  for  the 
councilman  necessary  to  fill  such  vacancies  in  addition  to 
the  number  above-provided. 

Section  10.    The  mayor  and  the  councilmen  elect  shall  oaths  of  office 

•-'  or  mayor  ana 

annually,  on  the  first  Monday  in  January,  at  ten  o'clock  councilmen. 
in  the  forenoon,  meet  and  be  sworn  to  the  faithful  dis- 
charge of  their  duties.  The  oath  shall  be  administered  at 
their  first  meeting  after  the  acceptance  of  this  act,  by  the 
town  clerk,  and  in  subsequent  years  by  the  city  clerk,  or, 
in  his  absence,  by  any  justice  of  the  peace,  and  shall  be 
duly  certified  on  the  journal  of  the  city  council.     In  case 


138 


Acts,  1895.  — Chap.  148. 


City  council, 
organization, 
presidini; 
officers,  city 
clerk,  etc. 


Special  meet- 
ings of  city 
council, 


of  the  absence  of  the  mayor  elect  on  the  first  !Monday  in 
January,  or  if  a  mayor  shall  not  then  have  been  elected, 
the  oath  of  oftice  may  at  an^^  time  thereafter  be  adminis- 
tered to  him,  and  at  any  time  thereafter,  in  like  manner, 
the  oath  of  office  may  l)e  administered  to  any  meml)or  of 
the  council  who  has  been  previously  absent  or  has  been 
subsequently  elected ;  and  every  such  oath  shall  be  duly 
certified  as  aforesaid. 

Section  11.  After  the  oath  has  been  administered  to 
the  councilmen  present  they  shall  be  called  to  order,  at 
their  first  organization  by  the  town  clerk,  and  in  subse- 
quent years  by  the  city  clerk,  or  in  case  of  the  absence  of 
the  city  clerk,  by  the  oldest  senior  member  present.  The 
council  shall  then  proceed  to  elect  one  of  their  own  number 
president  of  the  council  by  ballot.  If  no  quorum  is 
present  an  adjournment  shall  be  taken  to  a  later  hour  or 
to  the  next  day,  and  thereafter  the  same  proceedings  shall 
'be  had  from  day  to  day  until  a  quorum  shall  be  present. 
If  any  person  receive  the  votes  of  a  majority  of  all  the 
members  of  the  council,  such  person  shall  be  declared 
chosen  president  thereof.  If  on  the  first  day  on  which 
a  quorum  is  present  no  person  receives  the  votes  of  such 
majority  they  shall  proceed  to  ballot  until  some  person 
receives  the  votes  of  such  majority,  or  an  adjournment  to 
the  succeeding  day  is  taken,  and  on  such  succeeding  day 
a  plurality  of  those  voting  shall  be  sufficient  for  an  elec- 
tion. No  other  business  shall  be  in  order  until  a  president 
is  chosen.  The  president  shall  be  sworn  by  the  town  or 
city  clerk,  as  the  case  may  be,  or  in  case  of  the  absence  of 
the  clerk,  by  any  justice  of  the  peace.  The  council  shall 
then  proceed  to  the  choice  of  a  city  clerk,  in  the  same 
manner  as  above-provided  for  the  choice  of  president. 
The  })resident  may  be  removed  from  the  presidency  of  the 
council  and  the  clerk  may  ])C  removed  from  office  l)y  the 
affirmative  vote  of  two  thirds  of  all  the  members  of  the 
council,  taken  ])y  roll  call.  The  president  of  the  council 
shall  have  the  same  right  to  vote  as  any  other  member 
thereof. 

Sectiox  12.  The  mayor  may  at  any  time  call  a  special 
meeting  of  the  city  council,  by  causing  written  notification 
thereof,  together  with  a  statement  of  the  subjects  to  be 
considered  thereat,  to  be  deposited  in  the  post  office,  post- 
paid, and  addressed  to  the  persons  to  l)e  notified,  or  left 
at  the  usual  place   of  residence  of  each  member   of  the 


Acts,  1895.  — Chap.  148.  139 

council,  at  least  twenty-four  hours   before  the  time  ap- 
pointed for  such  meeting. 

Section  1 3 .    The  city  council  shall  determine  the  rules  To  determine 
of  its  own  proceedings   and  shall  be  judge  of  the  elec-  ceemngs',  bJ"^"' 
tion  returns  and  qualifications  of  its  own  members.     In  onfsmembe'rsr 
case  of  the  absence  of  the  president   the    council   shall  ^''=- 
choose  a  president  pro  tempore,  and  a  plurality  of  votes 
cast  shall  be  sufficient  for  a  choice.     The  council  shall  sit 
with  open  doors,  whether  in  session  as  a  council  or  as  a 
committee  of  the  whole,  and  shall  cause  a  journal  of  its 
proceedings  to  be  open  to  public  inspection.    The  vote  of 
the  council  upon  any  question  shall  be  taken  by  roll  call 
when  the  same  is  requested  by  at  least  three  members.     A 
majority  of  the  members  of  the  council  shall  be  required  Quo'um,  etc. 
to  constitute  a  quorum,  but  a  smaller  number  may  adjourn 
from  day  to  day.     The  council  shall,  so  far  as  is  not  in- 
consistent with  this  act,  have  and  exercise  all  the  legisla- 
tive powers  of  towns,  and  have  all  the  powers   and  be 
subject  to  all  the  liabilities  of  city  councils,  and  of  either 
branch  thereof,  under  the  general  laws  of  the  Common- 
wealth, and  it  may  by  ordinance  prescribe  the  manner  in 
which  such  powers  shall  be  exercised.     They  shall  receive 
no  compensation  for  their  services  as  members  of  the  city 
council  or  any  committee  thereof. 

Section  14.    Neither  the  city  council  nor  any  member  Not  to  take  part 
or  committee  thereof  shall  directly  or  indirectlv  take  part  o"  h!bor?L"ki'ng 
in  the  employment  of  labor,  the  making  of  contracts,  the  "f '=o'^t'-^<=t8.  etc. 
purchase  of  materials  or  supplies,  the  constraction,  altera- 
tion or  repair  of  any  public  works,  buildings  or  other 
property,  or  the  care,  custody  or  management  of  the  same, 
or  in  the  conduct  of  any  of  the  executive  or  administra- 
tive business  of  the  city,  or  in  the  expenditure  of  public 
money,  except  such  as  may  be  necessary  for  the  contin- 
gent and  incidental  expenses  of  the  city  council,  nor  in 
the  appointment  or  removal  of  any   officers,   except  as 
herein  otherwise  provided ;  but  nothing  in  this  section 
contained  shall  afl'ect  the  powers  or  duties  of  the  council 
in  relation  to  state  aid  to  disabled  soldiers  and  sailors  and 
to  the  families  of  those  killed  in  the  civil  war. 

Section  15.     The  city  council  shall  in  the  month  of  f^^tnutaf 
January  choose  an  auditor  of  accounts,  who  shall  hold 
office  for  the  term  of  one  year  beginning  with  the  first 
Monday  in  February  next  ensuing,  and  until  his  successor 
is  chosen  and  qualified.     A  majority  of  the  votes  of  all 


140 


Acts,  1895.  — Chap.  148. 


Appropriations 
etc. 


Account  of 
iiul 


be  publiiihed, 
etc. 


North  Adams 
Hospital. 


the  members  of  the  council  taken  by  roll  call  shall  be 
necessary  for  the  choice  of  the  auditor  of  accounts,  and 
he  may  l)e  removed  by  the  council. 

Section  1G.  The  city  council  shall  appropriate  an- 
nually in  the  months  of  March  and  April  the  amount 
necessary  to  meet  the  expenditures  of  the  city  for  the 
current  municijxxl  year.  It  shall  take  care  that  no  money 
is  paid  from  the  treasury  unless  granted  or  appro[)riated, 
and  shall  secure  a  just  and  proper  accountability  by  re- 
quirinor  bonds  with  sufficient  penalties  and  sureties  from 
all  persons  entrusted  with  the  receipt,  custody  or  dis- 
bursement of  money.     It  shall  as  often  as  once  in  each 

receipts  aiul  .i*.  •  ji  iij- 

expenditurt-s to  year,  tcn  (lavs  at  least  prior  to  tlie  annual  election,  cause 
to  be  pu])lished  for  the  use  of  the  inhabitants  a  particular 
account  of  the  receipts  and  expenditures  of  said  city  and 
a  schedule  of  all  city  property  and  of  the  city  debt.  Any 
appropriation  made  by  the  city  council  for  the  erection  of 
a  city  hall,  or  for  land  for  a  location  of  such  building, 
shall  bo  subject  to  ratihcation  by  the  legal  voters  of  the 
city  Toting  in  their  respective  precincts  at  an  annual 
municipal  election.  The  city  council  may  appropriate 
money  from  time  to  time  in  aid  of  the  North  Adams  Hos- 
pital, and  in  return  for  such  appropriations  the  said  hos- 
pital shall  receive  persons  for  the  reception  of  whom  the 
city  may  erect,  establish  and  maintain  a  hospital ;  but  such 
appropriations  shall  not  exceed  in  any  one  year  a  sum 
amounting  to  one  tenth  of  one  per  cent,  of  the  valuation 
of  the  city  for  the  preceding  }(\ar. 

Section  17.  The  city  council  shall  have  the  power 
within  said  city  to  make  and  establish  ordinances  and  by- 
laws, and  to  affix  penalties  as  herein  and  by  general  law 
provided,  without  the  sanction  of  any  court  or  justice 
thereof:  provided^  however,  that  all  laws  and  regulations 
now  in  force  in  the  town  of  North  Adams  shall,  until  they 
shall  expire  by  their  limitation  or  be  revised  or  repealed 
by  the  council,  remain  in  force.  Complaint  for  the  Jireach 
of  any  ordinance  or  by-law  may  be  made  by  the  mayor  or 
any  head  of  a  department  or  by  any  resident  of  the  city. 
Certain TotoB  of  Section  18.  No  vote  of  the  city  couucil  granting  or 
beapprovcdby  bcstowing  au  cxclusive  franchise  of  any  description  to  any 
quaiiiied  voters.  ^^^^^^^  ^,;.  corporation  shall  ])e  valid  unless  the  same  shall 
be  approved  l»y  a  vote  of  the  qualified  voters  of  the  city, 
voting  at  large  in  their  respective  precincts  at  the  annual 
municipal  election. 


City  ordinances, 
penalties,  etc. 


Proviso. 


Acts,  1895.  — Chap.  148.  141 

Sectiom"  19.     The   city  council  shall  not  authorize  the  nans  for  school- 
erection  of  a  schoolhouse,  or  of  an^-  addition  thereto,  nor  approved  by 
pass  any  appropriation  for  such  purpose,  until  plans  for  mut'ee'.'eT." 
the  same  have  been  approved  by  vote  of  the  school  com- 
mittee, and  such  approval  has  been  certified  in  writing  to 
the  council  by  the  chairman  of  said  committee. 

Section  20.  The  city  council  shall  establish  a  fire  Fire  depart- 
department  for  said  city,  to  consist  of  a  chief  and  of  such  '"^^'^ ' 
officers  and  members  as  the  city  council  bj'  ordinance  shall 
from  time  to  time  prescribe ;  and  said  council  shall  have 
authority  to  define  their  rank  and  duties  and  in  general  to 
make  such  regulations  concerning  the  conduct  and  govern- 
ment of  such  department,  the  management  of  fires  and  the 
conduct  of  persons  attending  fires,  as  they  may  deem  ex- 
pedient, and  may  fix  such  penalties  for  any  violation  of 
such  regulations  or  any  of  them  as  are  provided  for  breach 
of  the  ordinances  of  said  city.  The  appointment  of  all  the 
officers  and  members  of  such  department  shall  be  vested  in 
the  mayor  exclusively,  who  shall  have  authority  to  remove 
from  office  any  officer  or  member  for  cause.  The  chief 
and  officers  shall  be  the  firewards  of  the  city. 

Section  21.     The   city  council   shall   have   power   to  Fire  limits  may 
establish  fire  limits  within  the  city,  and  from  time  to  time  et'J^*''  '^  *"  ' 
change  or  enlarge  the  same,  and  by  ordinance  they  may 
regulate  the  construction  of  all  buildings  erected  within 
said  fire  limits,   stipulating  their  location,   size  and  the 
material  of  which  they  shall  be  constructed,  together  with 
such  otlier  rules  and  regulations  as  shall  tend  to  prevent 
damage  by  fire  :  provided,  that  such  rules  and  regulations  Proviso. 
shall  not  be  inconsistent  with  the  laws  of  this  Common- 
wealth. 

Section  22.  The  city  council  shall  establish  by  ordi-  ronce  depart- 
nance  a  police  department,  to  consist  of  a  chief  of  police 
and  such  officers  and  men  as  it  may  prescribe,  and  make 
regulations  for  the  government  of  the  department.  The 
appointment  of  all  the  members  of  such  department  shall 
be  vested  in  the  mayor  exclusively,  who  shall  have  power 
to  remove  any  member  for  cause. 

Section  23.  .  The  city  council  shall,  with  the  approval  I'Jj^^l'^tl?.'^^' 
of  the  mayor,  have  exclusive  authority  and  power  to  order 
the  laying  out,  locating  anew  or  discontinuing  of  all 
streets  and  w^ays  and  highways  within  the  limits  of  said 
city,  and  to  assess  the  damages  sustained  by  any  person 
thereby,  and  further,  except  as  herein  otherwise  provided, 


142  Acts,  1895.  — Chap.  118. 

to  act  in  all  matters  rclatini;  to  such  laying  out,  locating 
anew,  altering  or  discontinuing.  Any  person  aggrieved  by 
the  assessment  of  his  damages,  or  other  action  of  the 
council  under  this  section,  shall  have  all  the  rights  and 
privileges  now  allowed  by  law  in  such  cases  in  appeals 
from  decisions  of  the  selectmen  of  towns. 
Majority  vote  of      Section  24.     lu  casc  auv  ordinance,  order,  resolution 

all  members  ,  »'..  '  ' 

necessary  for      qy  votc   mvolvcs   the   appro})riatiou   or  expenditure   ot 
certaiu  mdi-       moRcy  ta  an  amount  which  may  exceed  two  hundred  dol- 
nances.etc.        \.^ii'q^  the  laying  of  an  assessment  or  the  granting  to  a  per- 
son or  corporation  of  any  right  in,  over  or  under   any 
street  or  other  public  ground  of  said  city,  the  athrmative 
votes  of  a  majority  of  all  the  members  of  the  city  council 
shall  be  necessary  for  its  passage.     Every  such  ordinance, 
order,  resolution  or  vote  shall  be  read  twice,  with   an 
interval  of  at  least  three  days  between  the  two  readings 
before  being  finally  passed,  and  the  vote  upon  its  final 
Proviso.  passage  shall  be  taken  by  roll  call:  provided,  hoiveve?', 

that  upon  and  after  the  written  recommendation  of  the 
mayor,  the  city  council  may  pass  such  ordinance,  resolu- 
tion or  vote  upon  the  same  dav,  l)y  a  two  thirds  yea  and 
nay  vote. 
Mayor  tnay  be        Sectiox  25.     At  any  meeting  of  the  city  council  it  shall 

removed  from  .  ,/.  i  ^ipj  •  -j^.  ■• 

office  for  oiiuiai  he  m  ordcr  tor  any  member  thereoi  to  give  written  notice, 
negic°aoTduty.  sccouded  in  writing  ])y  a  majority  at  least  of  all  the  mem- 
bers of  the  council,  of  his  intention  to  move  at  the  next 
meeting  thereof,  occurring  within  not  less  than  ten  days, 
a  resolution  that  the  mayor  be  removed  for  official  mis- 
conduct or  neglect  of  duty.  Such  notice  shall  specify 
as  particularly  as  possible  the  acts  of  misconduct  or  the 
instances  of  neglect  of  duty  complained  of,  shall  be 
entered  at  large  by  the  clerk  in  the  minutes  of  the  coun- 
cil, and  the  clerk  sliall  within  two  days  serve- a  copy  upon 
the  mayor  and  mail  a  copy  to  each  of  the  members  of  the 
council  at  his  residence.  At  such  next  meeting  of  the 
council  the  mayor  shall  have  the  right  to  speak  in  his  own 
defence  and  to  be  heard  by  counsel.  The  vote  on  the 
resolution  shall  be  by  roll  call.  If  the  resolution  fails  to 
receive  the  affirmative  votes  of  three  fourths  of  all  the 
members  of  the  council  it  shall  have  no  elfect,  and  shall 
not  be  re-introduced  during  that  meeting  of  the  council. 
If  it  receives  the  affirmative  votes  of  three  fourths  of  all 
the  members  ot  the  council  it  shall,  upon  the  recording  of 
such  vote,  take  effect,  and  the  office  of  the  mayor  shall 


Acts,  1895.— Chap.  148.  143 

thereupon  become  vacant.  The  council  shall  thereupon 
order  a  warrant  for  a  new  election  for  mayor  to  be  issued, 
and  such  further  proceedings  shall  be  had  as  are  provided 
in  section  five  of  this  act  in  case  of  a  foilure  to  elect  a 
mayor. 

Section  2G.  No  member  of  the  city  council  shall,  ^^,'J^^"*of^^, 
during  the  term  for  which  he  is  elected,  hold  any  other  ho^d  other  cuy 
office  in  or  under  the  city  government,  have  the  expen- 
diture of  any  money  appropriated  by  the  council,  or 
act  as  counsel  in  any  matter  before  the  council  or  any 
committee  thereof;  and  no  person  shall  be  eligible  for 
appointment  to  any  municipal  office  established  by  the 
council  during  any  municipal  jeav  within  which  he  was  a 
councilman,  until  the  expiration  of  the  succeeding  mu- 
nicipal year. 

Section  27.    Every  ordinance,  order,  resolution  or  vote  certain  ordi. 
of  the  city  council,  except  such  as  relates  to  its  own  internal  be  ap^provea  by 
afiairs,  to  its  own  officers  or  employees,  to  the  election  or  ""^i^""- 
duties  of  the  auditor  of  accounts  and  city  clerk,  to  the 
removal  of  the  mayor  or  to  the  declaration  of  a  vacancy 
in  the  office  of  mayor,  shall  be  presented  to  the  mayor  for 
his  approval,  and  like  proceedings  shall  be  had  thereon  as 
are  in  such  case  provided  by  the  general  laws  relating  to 
cities. 

TITLE    4.       EXECUTIVE    DEPART3IEXT. 

Section  28.     The  executive  powers  of  the  citv  shall  Executive 

I  ;  powers  vested 

be  vested  solely  in  the  mayor,  and  may  be  exercised  by  i^i  mayor,  etc 
him  either  personally  or  through  the  several  officers  and 
boards  of  the  city  in  their  departments,  under  his  general 
supervision  and  control.  In  case  of  a  vacancy  in  any 
office  to  which  appointment  is  made  by  the  mayor,  he  may 
personally  perform  the  duties  thereof,  but  he  shall  not  be 
entitled  to  receive  any  salary  or  pay  attached  thereto. 
The  mayor  shall  hold  office  for  the  municipal  year  Term  of  office. 
beginning  with  the  first  Monday  in  January  following  his 
election  unless  sooner  removed,  and  until  his  successor  is 
elected  and  qualified. 

Section  29.  The  mayor  shall  have  the  sole  power  of  fj'^f^^'^^^^^i 
appointment  to  all  the  municipal  offices  established  by  or  municipal 
under  this  act,  unless  herein  otherwise  provided ;  and  ho 
may,  except  as  herein  otherwise  provided,  remove  from 
office  by  written  order  any  officer  so  appointed  hereunder, 
for  any  cause  which  he  shall  in  his  official  discretion  deem 
sufficient,  which  cause  he  shall  assia'n  in  his  order  of  re- 


144  Acts,  1895.  — Chap.  US. 

moral.  Such  office  .shall  become  and  ho  vacant  upon  the 
lili)ii>-  with  the  city  clerk  of  such  order  of  removal  and  the 
service  of  a  copy  thereof  upon  tlie  officer  so  removed, 
either  personally  or  by  leaving  the  same  at  his  last  or 
usual  place  of  residence.  The  city  clerk  shall  keep  such 
order  of  removal  on  tile,  where  it  shall  be  open  to  public 
inspection. 
By  yhoni  duties  SECTION  30.  Whenever  by  rcason  of  sickucss  Or  otlicr 
formed  in  case  cause  the  mavor  shall  be  disal)Ied  from  performing  the 
mayo^. '  '^^ "  dutics  of  his  officc  lic  may  designate  by  a  writing  tiled  in 
the  office  of  tlie  city  clerk,  either  the  city  treasurer,  the 
city  clerk,  or  the  city  solicitor,  to  act  as  mayor,  or  in 
case  of  the  failure  of  the  mayor  to  make  such  designation, 
the  above-mentioned  officers  in  the  order  above-named, 
then  performing  the  duties  of  his  office,  shall  act  as  mayor. 
Such  officer  shall  during  the  continuance  of  such  disability 
have  all  the  rights  and  powers  of  mayor,  cxcei)t  that  he 
shall  not  when  so  acting  have  the  power  of  removal, 
unless  thereto  in  any  instance  authorized  b}-  vote  of  the 
city  council,  nor  any  power  of  appointment  unless  such 
disability  of  the  mayor  has  continued  for  a])cnod  of  thirty 
days,  and  then  su1)ject  to  the  a})pr()val  of  the  city  council, 
nor  power  to  approve  or  disapprove  any  ordinance,  order^ 
resolution  or  vote  until  within  twenty-four  hours  of  the 
time  when  it  would  take  elTect  without  the  approval  of  the 
mayor.  In  case  such  disability  of  the  mayor  continues 
for  a  period  exceeding  sixty  days  the  city  council  may  at 
any  time  after  the  expiration  of  that  period  declare  a 
vacancy  to  exist  in  the  office  of  mayor. 
President  of  Sectiox  31.     AVlieuever  there  shall  l)e  a  vacancy  in 

council  to  act  in  ^  .  /«    ,  i  •  m    "^i      ii 

case  of  vacancy  tlic  oihcc  oi  mavor  thc  presidcut  ot  the  city  council  suali 
mayor?  °  act  as  uiayor  and  possess  all  the  rights  and  powers  of 

mayor  during  such  vacancy,  except  that  when  so  acting 
as  mayor  he  shall  not  have  the  power  of  api^ointment  or 
removal  unless  thereto  in  any  instance  authorized  by  vote 
of  the  council. 

TITLE    5.       SCHOOL    DEPARTMENT. 

School  commit-       Section"  32.     The    management    and   control   of  the 

tue,  election,  in  i  i     i         •  i  i 

term, etc.  Bcliools  of  Said  City  shall  be  vested  solely  in   a  school 

committee,  consisting  of  six  members  at  large,  w^ho  shall 
be  elected  by  the  inhabitants  of  the  city  as  follows:  At 
the  first  niunicii)al  election  held  under  this  act  six  mem- 
bers   of  the    school   committee    shall    be    elected  by  the 


Acts,  1895.  — Chap.  148.  U5 

qualified  voters  of  the  entire  city,  two  to  serve  for  the 
term  of  three  years,  two  for  the  term  of  two  years  and 
two  for  the  term  of  one  year,  beginning  with  the  tirst  Mon- 
day in  January  then  next  ensuing ;  and  thereafter  two 
meml)ers  at  large  of  said  school  committee  shall  be  elected 
in  like  manner  at  each  annual  municipal  election,  to  serv^e 
for  the  term  of  three  years  beginning  with  the  first  Mon- 
day in  January  next  ensuing,  in  place  of  the  meml)crs  at 
large  whose  term  then  expires.  The  school  committee 
shall  at  its  first  meeting  in  each  municipal  year,  or  as  soon 
thereal'ter  as  may  be,  choose  a  chairman  from  among  its 
memljers  by  ballot,  and  the  votes  of  a  majority  of  all  the 
meml)ers  of  the  board  shall  be  required  in  order  to  elect. 

Section"  33.     The  school  committee  shall  on  the  first  superintendent 
Monday    in   June,    or   as    soon    thereafter    as    may    be,  election"  term, 
choose   by  vote  of  a  majority  of  its  members,   but  not  ®"^' 
from  their  number,  a  superintendent  of  schools,  who  shall 
be  under  its  direction  and  control.     Such  su})erintendent 
shall  hold  office  until  the  first  Monday  in  June  next  en- 
suing unless  sooner  removed,  and  until  his  successor  is 
chosen  and  (jualified,  and  he  may  l)e  removed  at  any  time 
by  the    school   committee   by  vote    of  a  majority  of  its 
meml)ers.      The    school    committee    shall,    in    case   of    a  vacancy  on 
vacancy  in  their  number,  forthwith  notify  the  city  council,  tee^etcr"^™^ ' 
and  the  council  shall  call  a  joint  convention  of  the  mem- 
bers thereof  and  of  the  school  committee,  and   at  such 
convention  the  vacancy  shall,  by  vote  of  a  majority  of 
all  the  meml)ers  of  the  two  bodies,  be  filled  until  the  end 
of  the  municipal  year  in   which  the  warrant  for  the  next 
ensuing  annual  municipal  election  is  issued,  and  at  such 
election  the  vacancy  shall  be  filled  for  the  remainder,  if 
any,  of  the  unexpired  term,  in  the  same  manner  as  the 
member  whose  office  is  vacant  was  elected.     The  school 
committee  shall  fix  and  establish  the  compensation  of  all 
persons  employed  by  them. 

TITLE    6.       ADMINISTRATIVE    OFFICERS. 

Section  34.     There  shall  be  the  following  administra-  Administrative 
tive  officers,  who  shall  be  appointed  by  the  mayor  and  ment,' duties,"^*" 
who  shall  perform  the  duties  by  law  and  hereinafter  pre-  ''"™'  '^^''' 
scribed  for  them,  respectively,  and  such  further  duties  not 
inconsistent  with  the  nature  of  their  respective  offices  as 
the  city  council  may  prescribe.     I.     A  board  of  public 
works,  consisting  of  three  persons,  who  shall  also  be  over- 


UG 


Acts,  1895.  — Chap.  US. 


Adrr.in 

nifiit,  duii 
term,  elc. 


istrative  scoi's  of  thc  Hoor  and  commissioners  o-f  public  buri;il  i)laces. 
II.  A  city  treasurer,  ^vho  shall  also  bo  the  collector  of 
taxes.  III.  A  city  solicitor.  IV.  A  chief  of  police. 
V.  A  chief  of  the  tire  department.  VI,  A  board  of 
health,  consisting  of  three  persons.  VII.  A  city  engineer, 
who  shall  also  be  inspector  of  buildings.  VIll.  A  city 
bookkeeper,  a\  ho  shall  also  be  clerk  of  the  boai'd  of  puljlic 
works,  and  shall  keep  the  accounts  of  all  the  departments 
except  as  herein  otherwise  provided.  The  above-named 
boards  and  otficers  shall  be  appointed  on  or  before  the  tirst 
Monday  in  February  and  shall  hold  their  respective 
offices  for  the  term  of  one  year  beginning  with  the  first 
JNIonday  i]i  February,  unless  sooner  removed,  and  until 
their  respective  successors,  or  in  case  of  boards,  until 
a  majority  of  the  members  thereof,  are  appointed  and 
qualified :  j:)7'0Vided,  hoicever,  that  the  appointment  of  the 
chief  of  police  shall  not  be  for  any  specified  time,  but 
shall  hold  good  until  his  death,  resignation  or  removal 
by  the  mayor,  who  shall  have  power  to  remove  him  for 
incompetency  or  cause.  They  shall  be  sworn  or  affirmed 
to  the  faithful  discharge  of  the  duties  of  their  respective 
offices,  which  oath  or  affirmation,  or  a  certified  copy 
thereof,  shall  be  filed  in  the  office  of  the  city  clerk.  IX. 
A  board  of  license  commissioners,  as  prescribed  in  chapter 
four  hundred  and  twenty -eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four.  The  board  of  assessors 
shall  be  entitled  to  choose  a  clerk,  who  shall  not  be  one 
of  their  own  number.  The  board  of  public  works  shall 
appoint  a  superintendent  of  outdoor  work,  who  shall  hold 
no  other  municipal  office,  and  a  sujierintendent  of  the 
water  works,  neither  of  whom  shall  be  of  their  own 
number,  and  who  shall  severally  hold  their  offices  for  one 
year  unless  sooner  removed  by  said  board,  and  until  their 
respective  successors  are  appointed  and  qualified. 


Proviso 


Oaths  of  office. 


City  clerk, 
duties,  elc. 


TITLE    7.       PO AVERS   AND   DUTIES   OF   OFFICERS. 

Section  35.  The  city  clerk  shall  have  charge  of  all 
journals,  records,  papers  and  documents  of  the  city, 
attest  all  warrants  and  do  such  other  acts  in  his  said 
capacity  as  the  city  council  may  require  of  him.  He  shall 
be  the  clerk  of  the  council  and  shall  keep  a  journal  of  all 
votes  and  proceedings.  He  shall  engross  all  the  ordi- 
nances passed  l)y  the  city  council,  in  a  book  provided  for 
that  purpose,  and  shall  add  proper  indexes,  which  book 


Acts,  1895.  — Chap.  148.  147 

shall  be  deemed  a  public  record  of  such  ordinances.     He 
shall  perform  such  otlier  duties  as  are  required  by  law  or 
shall  be  prescribed  by  the  council.      In  case  of  the  tem-  cierkpro 
porary  absence  of  the  city  clerk  the  president  of  the  coun-  *^™''"'*'- 
cil  may  ap[)oint  a  clerk  pro  tempore,  who  shall  be  duly 
qualified. 

Section  36.      The  auditor   shall   have    charge    of  all  ^"'^^o'"- «^"''e«' 

^  elc. 

revenue  and  expenditure  accounts  of  the  city  and  shall 
keep  a  set  of  books  showing  in  detail  the  revenues  and 
expenditures  of  the  citj'.  He  shall  examine  all  pay  rolls, 
bills  or  demands  rendered  against  the  city,  and  all  orders 
or  votes  of  the  city  council  for  the  payment  of  money, 
shall  see  that  they  have  been  incurred  with  due  authority,  , 
that  they  are  properly  approved  by  some  person  author- 
ized thereto,  and  that  the  clerical  computations  are 
correct.  He  shall  see  that  vouchers  are  prepared  in 
])roper  form,  and  that  the  same  are  duly  recorded  and 
distributed  to  their  proper  account.  If  he  approves  of  a 
bill,  pay  roll  or  demand,  he  shall  endorse  it  with  his  cer- 
tificate of  approval  and  shall  cause  an  abstract  of  the  same 
to  be  entered  on  a  book  kept  for  that  purpose,  and  shall 
pass  it  to  the  treasurer  for  payment.  He  shall  perform 
such  other  duties  as  from  time  to  time  shall  be  assigned 
him  by  the  city  council.  In  case  of  the  disability  or  Auditor  pro 
absence  of  the  auditor  the  president  of  the  council  shall  ^'^'^p'"'^- 
appoint  an  auditor,  pro  tempore,  who  shall  be  duly 
qualified. 

Section  37.  The  board  of  public  works  shall  exercise  Board  of  public 
the  powers  and  be  subject  to  the  duties  prescribed  for  duties,' ere? '"^*' 
boards  of  overseers  of  the  poor  by  the  laws  of  the  Com- 
monwealth. The  board  of  public  works  shall  have  cogni- 
zance, direction  and  control :  —  (a)  Of  the  construction, 
alteration,  repair,  care  and  lighting  of  streets,  ways  and 
sidewalks,  (b)  Of  the  construction,  alteration,  repair 
and  care  of  public  buildings ;  except  that  the  care,  con- 
struction, alteration  and  repair  of  all  school  buildings 
shall  remain  under  the  control  of  the  school  committee, 
(c)  Of  the  construction,  alteration,  repair  and  care  of 
public  sewers  and  drains.  (d)  Of  the  construction, 
alteration,  repair,  care  and  maintenance  of  public  bridges, 
(e)  Of  the  laying  out  and  caring  for  public  burial  places 
and  public  parks,  and  of  all  work  in  or  upon  the  same. 
{/)  Of  the  construction,  extension,  alteration  and  repair 
of  the  public  water  works.      (g)  Of  the  care,  superin- 


148 


Acts,  1895.  — Chap.  118. 


To  have  powers, 
etc..  of  road  * 
commisgiouere 


To  appoint  a 
city  physician. 

City  treasurer, 
duties,  etc. 


Certain  persons 
ineligible. 

City  solicitor, 
duties,  etc. 


tendencG  and  managomont  of  the  public  grounds  hclong- 
inpf  to  said  city,  except  sucli  <rrounds  as  are  under  the 
control  of  the  school  committee,  and  of  the  shade  and 
ornamental  trees  standing  and  growing  therein.  (A)  Of 
the  supervision  of  fire  alarm,  electric  light,  power,  tele- 
phone, telegraph  and  trolley  "wires,  and  electric  light, 
telegraph  and  tcle))hone  poles  and  gas  pipes.  The  said 
l)oard  may  require  that  no  person  or  corporation  author- 
ized by  the  city  council  to  dig  up  any  public  street  or' 
sidewalk  in  said  city  shall  begin  such  digging  before  fur- 
nishing to  such  board  of  public  works  security  satisfactory 
to  them  to  restore  such  street  or  sidewalk  to  its  former 
condition.  The  said  board  shall  also,  except  as  herein 
otherwise  provided,  have  exclusively  the  powers  and  be 
subject  to  the  duties,  liabilities  and  penalties  which  may 
be  by  law  given  to  or  imposed  upon  road  commissioners 
of  towns.  They  shall  as  overseers  of  the  poor  appoint  a 
city  physician. 

Section  38.  The  city  treasurer  shall  collect  all  the 
water  rents  and  charges  and  all  moneys  due  the  city,  and 
shall  receive,  have  the  custody  of  and  pay  out  all  moneys, 
upon  the  certificate  of  the  auditor,  and  cause  an  accurate 
account  of  the  same  to  be  kept  in  proper  bookkeeping 
form,  or  such  form  as  the  city  council  may  prescribe.  He 
shall  make  to  the  council  annually  or  oftener,  at  such 
time  or  times  in  each  year  as  it  shall  ])rescribe,  a  full  and 
detailed  statement  of  the  receipts  and  exi)enditures  of  the 
city  during  such  portion  of  the  financial  year  as  it  may 
direct,  and  of  the  cash  balance  or  surplus ;  and  in  every 
such  statement  the  difi'erent  sources  of  the  city  revenue 
and  the  amount  received  from  each,  the  several  a})propri- 
ations  made,  the  object  for  which  they  were  made  and  the 
amount  of  moneys  expended  under  each,  the  money  bor- 
rowed on  the  credit  of  the  city,  the  authority  under  which 
each  loan  was  made,  and  the  terms  on  which  the  same 
was  obtained,  .^liall  be  clearly  and  ]iarticularly  specified. 
He  shall  cause  to  be  reported  weekly  to  the  auditor  a 
statement  of  all  the  receipts  and  disbursements  in  order 
that  the  proper  entries  may  be  made  in  the  l)ooks  kept  by 
the  auditor.  No  person  who  is  a  l)ank  official  or  em- 
ployee shall  be  eligible  to  the  office  of  treasurer. 

^Section  'M).  The  city  solicitor  shall  for  the  salary 
herein  ])rovided  perform  all  legal  services  in  matters  in 
which  the  city  is  interested,  and  attend  to  all  proceedings 
at  law  or  in  equity  in  which  the  city  is  a  party,  and  all 


Acts,  1895.  — Chap.  148.  119 

claims  made  to  the  council.  For  these  purposes  he  shall 
have  sole  charge  of  all  such  matters  and  proceedings.  He 
shall  give  in  writing  his  legal  opinion  upon  any  of  the 
municipal  afiairs  of  the  city  upon  the  request  of  the  ma^or 
or  council,  and  in  addition  give  his  opinion  u})()n  the  law 
relating  to  the  municipal  affairs  Ih  any  department,  upon 
request  made  by  the  head  of  such  department. 

Section  40.  The  city  engineer  shall  give  his  whole  cuy  engineer, 
time  to  the  city  and  shall  have  sole  charge  and  control  of  '^"''®^'^"'- 
and  shall  attend  to  all  the  engineering  work  of  the  city. 
He  shall,  at  the  request  of  the  board  of  public  works,  pre- 
pare plans  and  estimates  of  any  proposed  alterations  in  or 
construction  of  public  sewers  and  drains  and  conduits, 
streets,  sidewalks,  water  works  and  other  public  works. 
He  shall  assist  the  city  solicitor  as  far  as  possible  in  de- 
fending the  city  against  suits  and  claims  brought  against 
it  for  damages  sustained  by  reason  of  any  defect  or  want 
of  repair  in  any  public  way,  or  for  any  cause  whatever. 
He  shall  perform  such  other  duties  as  the  city  council 
may  prescribe,  not  inconsistent  herewith.  As  inspector 
of  public  buildings  he  shall  have  control  of  the  enforce- 
ment of  the  regulations  regarding  plumbing  and  shall 
perform  such  other  duties  as  shall  be  from  time  to  time 
prescribed  by  law  and  the  ordinances  of  the  city  council. 

Section  41.     The  trustees  of  the  public  library  shall  Trustees  of 
consist  of  three  members  at  large  who  shall  be  elected  by  ei"ction',  tenu', 
the  inhabitants  of  the  city  as  follows  :   At  the  first  munic-  ^'°" 
ipal  election  held  under  this  act  one  trustee  shall  l)e  elected 
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  trustee  at  large  shall  be  elected  in  like  man- 
ner at  each  annual  municipal  election,  to  serve  for  the 
term  of  three  years  beginning  wnth  the  first  Monday  in 
January  next  ensuing,   in  place  of  the  trustee    at   large 
whose  term  then   expires.     The    trustees    of  the    pu])lic 
library  shall  have  the  care  and  management  of  the  public 
library . 

Section  42.  The  auditor  shall  also  be  the  city  almoner.  Auditor  to  he 
and  shall  keep  a  record  of  the  settlements  of  all  paupers  etS ''"'°""' 
or  persons  who  are  or  may  become  a  city  charge,  and  shall, 
under  the  direction  of  and  by  the  authority  of  the  over- 
seers of  the  poor,  relieve  the  wants  of  such  paupers  out- 
side the  almshouse  as  aiay  be  necessary  and  proper.  He 
shall,  as  aforesaid,  see  that  paupers  who  are  chargeable  to 


150  Acts,  1895.  — Chap.  US. 

other  cities  and  towns  are  maintained  by  such  cities  and 
towns  at  their  own  expense  and  that  the  city  sliall  be 
reimbursed  for  outhiys  made  for  the  paupers  charueable  to 
the  Commonwealth  or  other  cities  or  towns.  lie  shall, 
under  the  direction  of  the  overseers  of  the  poor,  report 
all  cases  needing  legal  "attention,  to  the  city  solicitor,  and 
shall  furnish  him  with  all  the  information  possil)le  in  con- 
troversies arising  over  pauper  settlements  or  otherwise. 
lie  shall  perform  such  other  duties  as  the  overseers  of  the 
poor  may  from  time  to  time  direct. 
S'"offi/e«'''''°  Section  43.  All  city  officers  not  hereinbefore  men- 
tioned shall  perform  such  duties  as  are  or  may  be  from 
time  to  time  prescribed  by  law,  and  such  other  duties,  not 
inconsistent  herewith  or  with  general  laws,  as  the  council 
may  from  time  to  time  prescribe. 
b^l'Jds.eS'may  Sectiox  44.  Thc  administrative  officers  and  boards 
appoint  and  die- above-named  in  this  title,  and  all  administrative  officers 

charge  subor-  ,     ,  ,      ■  ..  i  i-    i       n    i  i  •  •!  i 

diuates,  eic.  and  Doards  hereatter  esta!)lished  by  the  city  council  and 
not  coming  within  the  de})artment  of  any  officer  or  board 
so  a])Ove-named,  shall  have  the  power,  except  as  herein 
otherwise  provided,  to  ap|)oint  or  ein})loy  and  to  remove 
or  discharge,  all  officers,  clerks  and  employees  in  their 
respective  departments.  Such  appointments  shall  not  be 
for  any  specified  term  but  shall  hold  good  until  removal 
or  discharge.  Orders  of  removal  shall  state  the  reason 
tliereof  and  shall  be  entered  upon  the  records  of  the  officer 
or  board  making  the  same,  and  removals  shall  take  effect 
upon  the  filing  of  a  copy  of  such  order  with  the  city  clerk 
in  a  book  provided  for  the  purpose  and  open  to  public 

^u"ppife^?etc^  inspection.  The  above-named  administrative  officers  and 
l)oards  shall,  in  their  respective  departments,  make  all 
necessary  contracts  for  woi'k  and  for  the  furnishing  of 
materials  and  supplies  for  the  city,  and  for  the  construc- 
tion, alteration,  repair  and  care  of  puldic  works,  institu- 
tions, buildings  and  other  property ;  except  such  property 
as  shall  be  under  the  control  of  the  school  committee,  and 
shall  have,  subject  to  the  mayor,  the  direction  and  control 
of  all  the  executive  and  administrative   business  of  the 

To  be  account-    citv.     They  shall  at  all  times  be  accountable  to  the  mavor, 

atile  at  nil  limea         •   ,  i  •    /.  •  n-  f  ^  ^•      \  /•    *i      ■ 

to  the  mayor,     as  tile  cuict  exccutivc  officcr,  tor  the  discharge  of  their 

duties. 
Slftmneac-        SECTION  45.      Evciy  board,  and  every  officer  above- 
tioDs  10  be  kept,  named  not  a  member  of  a  board,  shall  keep  a  record  of 

all  official  transactions,  and  such  record  shall  be  open  to 

jiublic  inspection. 


Acts,  1895.  — Chap.  U8.  151 


TITLE    8.      GENERAL   PROVISIONS. 

Section  46.  The  following  salaries  shall  be  paid,  viz. :  salaries,  etc. 
—  jNIayor,  one  thousand  dollars  each  year.  City  clerk, 
thirteen  hundred  dollars  each  year.  Tax  collector  and 
treasurer,  two  thousand  dollars  each  year.  City  solicitor, 
nine  hundred  dollars  each  year.  JNIembers  of  the  school 
committee,  seventy-five  dollars  each,  each  year.  ]Mem- 
bers  of  the  board  of  assessors,  four  hundred  dollars  each, 
each  year.  Clerk  of  board  of  assessors,  one  hundred  and 
fifty  dollars  each  year.  City  physician,  two  hundred  and 
fifty  dollars  each  year.  IMerabers  of  the  board  of  health, 
one  hundred  dollars  each,  each  jear.  Chief  of  the  fire 
department,  three  hundred  dollars  each  year.  Assistant 
chiefs  of  the  fire  department,  one  hundred  dollars  each, 
each  year.  Superintendent  of  the  water  works,  twelve 
hundred  dollars  each  year.  City  eno:ineer  and  inspector 
of  plumbinof,  eighteen  hundred  dollars  each  year.  Chief 
of  police  and  keeper  of  lockup,  three  dollars  and  a  half 
each  day.  Captain  of  police,  three  dollars  each  day. 
Keeper  of  the  almshouse,  seven  hundred  and  fifty  dollars 
each  year.  Members  of  board  of  public  works,  five  hun- 
dred dollars  each,  each  year.  Clerk  of  the  board  of  public 
works,  nine  hundred  dollars  each  year.  Superintendent 
of  out-door  work,  twelve  hundred  dollars  each  year. 
Auditor,  one  thousand  dollars  each  year.  Members  of  the 
police  force,  two  dollars  and  a  half  each  day.  Firemen, 
hose  and  hook-and-ladder  men,  sixty-five  dollars  each, 
each  year.  The  compensation  of  all  persons  not  employed 
by  boards  or  heads  of  departments  and  not  herein  provided 
for  shall  be  established  by  the  city  council,  but  no  new 
salaried  ofiice  shall  be  established  except  those  required  by 
law,  nor  any  increase  of  salaries  made,  unless  approved 
by  a  vote  of  the  citizens  at  large  in  their  respective  precincts 
at  an  annual  election. 

Section  47.     No  person  shall  be  eligible  to  any  of  the  Nonresidents 
offices  of  the  city  government,  except  superintendent  of  "ertain^offices, 
schools,  chief  of  police,  chief  of  the  fire  department,  or  ^^'^' 
city  engineer,  unless  he  is  a  citizen  and  has  been  a  resident 
of  the  city  for  at  least  two  years. 

Section  48.     Any  office  established  under  or  by  this  offices  to 
act  shall  become  vacant  if  the  incumbent  ceases  to  be  a  for  certain 
resident  of  the  city.     The  conviction  of  the  incumbent  of 
any  such  ofiice  of  a  crime  punishable  by  imprisonment 
shall  operate  to  create  a  vacancy  in  the  office  held  by  him. 


152  Acts,  1895.  — Chap.  US. 

nofto'Ippb""         Section-  49.     The  provisions  of  chapter  three  hundred 
i9oo'  '^""'  ^'       ^^^^^  t^yelve  of  the  acts  of  the  \-ear  eipfhteen  hundred  and 
cighty-tive  and  acts  in  amendment  thereof  and  in  addition 
thereto  sliall  not  apply  to  the  city  of  North  Adam.s  until 
the  iirst  day  of  January  in  the  year  nineteen  hundred. 
Iaimat™of  Section    50.     The  administrative  otficers  and  boards 

espenpesfor       above-uamed  shall,  annually  on  or  before  the  first  Monday 
year,  etc.  of  Jauuaiy,  fumish  to  the  mayor  an  itemized  and  detailed 

estimate  of  the  moneys  required  for  their  respective  de- 
partments or  offices  during  the  ensuing  financial  year. 
The  mayor,  president  of  the  council  and  chairman  of  the 
board  of  assessors,  shall  examine  such  estimates  and  shall 
submit  the  same  to  the  city  council  on  or  before  the  first 
day  of  iSIarch,  with  their  itemized  and  detailed  aj^portion- 
ment,  which  shall  be  the  appropriations  which  the  several 
depai-tments  and  officers  may  expend  during  the  current 
municipal  year,  but  said  city  council  at  any  time  prior  to 
May  first,  of  each  year,  may,  subject  to  the  approval  of 
the  mayor  as  provided  by  law,  strike  out  or  decrease,  but 
not  increase,  any  item  in  said  report. 
Officers  to  eive        SECTION  f)l.     Evcrv  officcr  of  the  citv  shall,    at   the 

certain  iiiforma-  p      i  '  i  i   "^  . 

tion  upon  request  of  the  city  count-il,  give  it  such  information   in 

reques .  "vvriting  as  it  may  require  in  relation  to  any  matter,  act  or 

thing  connected  with  his  office  or  employment  or  the  dis- 
charge of  the  duties  thereof. 
Appropriations       Sectiox  52.     Xo  suui  appropriated  for  a  specific  pur- 

and  espentli  ini  ii/>  i 

turea.  pose  shall   he  expended  for  any  other  purpose,  and  no 

expenditure  shall  be  made,  nor  liability  incurred,  by  or  in 
behalf  of  the  city,  until  an  ap])ro})riation  has  I)een  duly 
voted  by  the  city  council  sufficient  to  meet  such  expendi- 
ture or  lial)ility,  together  with  all  prior  unpaid  liabilities 
which  are  })ayable  out  of  such  approjiriation,  except  in 
accordance  with  the  written  recommendation  of  the  mayor 
to  the  city  council,  approved  by  the  yea  and  nay  vote  of 

Proviso.  two  thirds  of  the  council:  provided,  however,  that,  after 

the  expiration  of  the  financial  year  and  until  the  jiassage 
of  the  annual  appropriations,  liabilities  payable  out  of  a 
regular  ap])ropriation  to  be  contained  therein  may  be  in- 
curred to  an  amount  not  exceeding  one  third  of  the  total 
of  such  appropriation  for  the  preceding  year.  Every  bill, 
pay  roll  or  other  voucher  covering  an  expenditure  of 
money  shall  be  approved  by  the  signatures,  on  the  back 
of  such  bill  or  voucher,  of  the  majority  of  the  board  or 
committee  having  control  of  or  incurring  such  expenditure, 


Acts,  1895.  — Chap.  US.  153 

and  after  such  approval  such  bills,  pay  rolls  or  vouchers 

shall  be  turned  over  to  the  auditor.     The  tinaucial  year  Financial  year. 

shall  begin  with  the  first  day  of  December  in  each  year. 

Sectiox  53.  Nothing  herein  contained  shall  affect  the  civii  service. 
enforcement  of  the  provisions  of  chapter  three  hundred 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  being  "  An  act  to  improve  the  civil  service 
of  the  Commonwealth  and  the  cities  thereof",  and  acts  in 
amendment  thereof  and  in  addition  thereto,  or  of  the  rules 
made  by  the  commissioners  appointed  thereunder ;  and 
the  city  council  shall  make  sufficient  and  proper  appro- 
priations for  the  carrying  out  and  enforcement  of  said  acts 
and  such  rules  in  said  city. 

Section  54.  Whenever  mechanical  or  other  work  is  Proposals  for 
required  to  be  done,  or  supplies  are  required  for  the  city,  ^"pp ''^^' *^  "• 
at  a  cost  amounting  to  five  hundred  dollars  or  more,  the 
board  or  committee  having  the  matter  in  charge  shall 
invite  proposals  therefor  by  advertisements  in  not  more 
than  two  newspapers  published  in  said  city,  such  adver- 
tisements to  state  the  time  and  place  for  opening  the  pro- 
posals in  answer  to  said  advertisements,  and  reserving  the 
right  to  said  board  or  committee  to  reject  any  or  all 
proposals.  Every  proposal  for  doing  such  work  or  making 
such  sale  shall  be  accompanied  by  a  suitable  bond,  or  cer- 
tificate of  deposit,  for  the  faithful  performance  of  such 
proposal,  and  all  such  proposals  shall  be  kept  by  the 
officer  or  board  inviting  the  same,  and  shall  be  open  to 
public  inspection  after  said  proposals  have  been  accepted 
or  rejected. 

Section  55.     All  contracts  made  bv  any  department  certain  con- 

•  1         1    •         •  tracts  to  be 

of  the  city  shall,  when  the  amount  involved  is  five  hun-  approved  by 
dred  dollars  or  more,  be  in  writing,  and  no  such  contract  '^^^°'^'^  °' 
shall  be  deemed  to  have  l^een  made  or  executed  until  the 
approval  of  the  mayor  is  affixed  thereto.  All  such  con- 
tracts shall  be  accompanied  by  a  bond  with  securities  sat- 
isfactory to  the  board  or  committee  having  the  matter  in 
charge,  or  a  deposit  of  money  or  other  security  for  the 
faithful  performance  of  such  contracts  ;  and  such  bonds  or 
other  security  shall  be  deposited  with  the  city  auditor 
until  the  contract  has  been  carried  out  in  all  respects  ;  and 
no  such  contract  shall  be  altered  except  ])y  a  written  agree- 
ment of  the  contractor,  the  sureties  on  his  or  their  bond, 
and  the  officer  or  board  making  the  contract,  with  the 
approval  of  the  mayor  affixed  thereto. 


154 


Acts,  1895.  — Chap.  148. 


Loanp,  bonds, 
uolea,  etc. 


Board  of  public 
works  to  (Slab- 
lish  pricos,  etc., 
for  use  of  water. 


Income  to  be 
applied  to  pay- 
ment of  louuii, 
etc. 


Debts,  etc.,  in 
e.xcessof  iucome 
to  be  raised  by 
taxation. 


PivUion  of 
territory  into 
wards,  etc. 


Sectiox  56.  No  loan  except  .such  as  may  be  incurred 
in  anticipation  of  taxes  shall  be  made  except  upon  and 
after  the  written  recommendation  of  the  mayor,  made  to 
the  council  and  ])assed  by  a  two  thirds  yea  and  nay  vote. 
All  bonds  and  notes  issued  by  the  city  shall  be  signed  l)y 
the  treasurer  and  countersigned  by  the  mayor,  and  any 
coupons  attached  thereto  shall  bear  the  signature  of  the 
treasurer  either  in  the  original  or  a  facsimile. 

Section  57.  The  board  of  public  works  shall  fix  and 
estal)]ish  the  prices  or  rents  for  the  use  of  water,  which 
shall  not  be  made  less  in  any  instance  than  the  prices  and 
rents  now  estal)li.shed  by  the  prudential  committee  of  the 
North  Adams  Fire  District,  until  the  bonded  indebtedness 
now  or  hereafter  created  by  said  di.strict  or  city  for  the 
purpose  of  supplying  the  inhabitants  of  said  district  or 
city  with  pure  water  shall  have  been  paid  ;  and  the  income 
received  therefrom,  in  each  year,  after  deducting  all  ex- 
penses and  charges  of  distribution  of  such  year,  shall  be 
applied  as  follows  :  First,  to  the  payment  of  the  interest 
on  the  debts  and  loans  now  or  hereafter  incurred  by  the 
said  city  and  by  the  North  Adams  Fire  District  for  the  pur- 
pose of  su])plying  said  city  and  said  district  and  the  in- 
hal)itant9  thereof  with  water,  and  of  such  part  of  the 
principal  sum  thereof  as  shall  become  due  in  such  year ; 
second,  after  paying  such  interest  and  principal  sums  the 
residue  of  such  income  shall  be  used  to  supply  the  city 
and  the  inhabitants  thereof  with  pure  water  in  the  discre- 
tion of  said  board,  and  any  balance  of  such  residue  not  so 
used  shall  be  paid  into  the  treasury  of  the  city  for  general 
city  purposes.  As  long  as  there  shall  be  any  debts  of  the 
city  that  shall  have  been  incurred  in  supplying  said  dis- 
trict or  said  city,  or  the  inhal>itants  of  either,  with  water, 
there  shall  be  raised  each  }ear  by  taxation  a  sum  which 
together  with  the  said  income  shall  be  sutficicnt  to  pay  the 
interest  on  all  such  debts,  and  such  part  of  the  principal 
sum  as  shall  become  due  in  such  year. 

Section"  58.  Upon  an  acceptance  of  this  act,  as  herein 
pro\i(l(>d,  the  selectmen  of  said  town  shall  forthwith  divide 
the  territory  thereof  into  seven  wards,  so  that  the  wards 
shall  contain  as  nearly  as  may  be  consistent  with  well 
defined  limits  to  each,  an  equal  number  of  voters,  and 
they  shall  designate  the  wards  l)y  numbers.  They  shall, 
for  the  purpose  of  the  tir.st  municii)al  election  to  be  held 
thereunder,  which  shall  take  place  on  the  third  Tuesday 


Acts,  1895.  — Chap.  M8.  155 

of  December   next  sueceedinG;   such  acceptance,  provide  Division  of 

...  .  'ii  111*  ten  iioiy  into 

suitable  pollnig  places  in  the  several  wards  and  give  wards,  etc, 
notice  thereof,  and  shall  at  least  ten  days  previous  to 
such  third  Tuesday  in  December  appoint  all  proper  elec- 
tion officers  therefor,  and  they  shall  in  general  have  the 
powers  and  perform  the  duties  of  the  mayor  and  board  of 
aldermen  of  cities,  under  chapter  four  hundred  and  seven- 
teen of  the  acta  of  the  year  eighteen  hundred  and  ninety- 
three  and  acts  in  amendment  thereof  and  in  addition 
thereto,  the  provisions  of  which  shall  so  far  as  applicable 
apply  to  said  election  ;  and  the  town  clerk  shall  perform  the 
duties  therein  assigned  to  city  clerks.  The  registrars  shall 
cause  to  be  prepared  and  pul)lished  according  to  law",  lists 
of  qualified  voters  in  each  of  the  wards  established  by  the 
selectmen. 

Section  59.     All  laws  relating  to  the  town  of  North  ^„^„'ff^;iJ=;^' *** 
Adams  when  this  act  shall  be  accepted  as  herein  provided,  force, 
shall,  until  altered,  amended  or  repealed,  continue  in  force 
in  the  city  of  North  Adams,  so  far  as  the  same  are  not 
inconsistent  herewith. 

Section  60.     All  special   laws  heretofore  passed  con- certain  special 

,  ^  T    i     •    X     •        ^1         ±  i>     -\T       xi       AT  lawsto  coulmue 

cerning  the  nre  district  in  the  town  oi  isortu  Adams,  in  force. 
which  shall  be  in  force  in  said  fire  district  when  this  act 
shall  be  accepted,  as  herein  provided,  shall,  so  far  as 
the  same  are  not  inconsistent  herewith,  be  extended  to 
and  continue  in  force  in  the  city  of  North  Adams  until 
altered,  amended  or  repealed. 

Section  61.  Upon  the  first  day  of  January  next  after  Property,  etc., 
the  acceptance  of  this  act,  as  herein  provided,  the  North  vestiucny. 
Adams  Fire  District  in  said  town  shall  cease  to  exist, 
and  all  the  property,  powers  and  privileges  of  the  said 
district  shall  vest  in  the  city  of  North  Adams,  and  all 
the  debts,  duties  and  liabilities  of  the  said  fire  district 
shall  become  the  debts,  duties  and  liabilities  of  the  said 
city. 

Section  62.  The  passage  of  this  act  shall  not  affect  ^,''o"f;,fiagfuot 
any  right  accruing  or  accrued,  or  any  suit,  prosecution  affected,  etc. 
or  other  legal  proceeding  pending  at  the  time  when  this 
act  shall  go  into  operation,  and  no  penalty  for  forfeituie 
previously  incurred  shall  be  aflected  thereby.  All  persons 
holding  office  in  said  town  or  in  the  fire  district  of  said 
town  at  the  time  this  act  shall  take  effect  shall  continue 
to  hold  the  same,  notwithstanding  the  passage  thereof, 
until   the    organization    of  the    city   government    hereliy 


156 


Acts,  1895.  — Char  148. 


Meefinge  fof 
slibinission  of 
question  of 
acceptance. 


autliorizod  shall  he  effected,  and  until  the  successors  of 
sucli  otiicers  shall  be  respectively  elected  or  a[)poiiited 
and  qualified. 
noUfyT'ersone  Sectiox  63.  The  sclectuien  shall  notify  the  persons 
first  elected,  etc.  g]g(^|g(j  ^^  such  first  elcction,  and  shall  provide  and  ap- 
point a  place  for  the  first  meeting  of  the  mayor  and  city 
council  on  the  tirst  ]N[onday  in  January  next  ensuinii' ;  and 
shall  by  written  notices  left  at  their  respective  places  of 
residence  at  least  twenty-four  hours  prior  to  such  meeting 
notify  thereof  the  mayor  elect  and  councilmen  elect,  who 
shall  immediately  proceed  to  organize  and  carry  into 
effect  the  provisions  of  this  act,  which  shall  then  have 
full  force  and  effect.  The  selectmen  shall,  in  like  man- 
ner, appoint  a  place  and  time  for  the  first  meeting  of  the 
school  committee,  and  notify  the  members  thereof.  Noth- 
ing herein  shall  affect  the  annual  meeting  in  said  town  for 
the  election  of  national,  state,  district  and  county  officers, 
which  may  be  held  next  after  the  acceptance  thereof. 

Section  64.  The  question  of  the  acceptance  of  this 
act  may  be  submitted  to  the  legal  voters  of  said  town  at 
any  time  within  two  j^ears  after  the  passage  thereof  at  an 
annual  meeting  or  any  meeting  called  for  that  purpose, 
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  cha})ter  four  hundred  and  seven- 
teen of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three  and  acts  in  amendment  thereof  and  •  in  addition 
thereto,  so  far  as  the  same  shall  be  applicable,  in  answer 
to  the  question:  —  "  Shall  an  act  passed  by  the  general 
court  in  the  year  eighteen  hundred  aiul  ninety-live,  en- 
titled '  an  act  to  incorporate  the  city  of  North  Adams ',  be 
accepted?"  and  the  affirmative  votes  of  a  majority  of  the 
voters  present  and  voting  thereon  shall  be  required  for  its 
acce[)tance.  If  at  any  meeting  so  held  this  act  shall  fail 
to  be  thus  accepted,  it  may,  at  the  expiration  of  three 
months  from  any  such  previous  meeting,  be  again  thus 
submitted,  but  not  after  the  period  of  two  years  from  the 
passage  thereof. 

Section  65.  So  much  of  this  act  as  authorizes  the 
submission  of  the  Cjuestion  of  its  acceptance  to  the  legal 
voters  of  said  town  shall  take  effect  upon  its  passage,  but 
it  shall  not  take  further  effect  unless  accepted  by  the  legal 
voters  of  said  town  as  herein  provided. 

Approved  March  22,  1893. 


Whon  to  take 
effect. 


Acts,  1895.  — Chap.  149.  157 

An  Act  to  authorize  the  north  adams  fire  district  to  issue  /^7,^^^  i  ro 

BONDS   FOR  THE    REFUNDING   OF    ITS    NOTES  AND   THE    EXTEXSIOX  -'- 

OF  ITS  WATER  SERVICE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  North  Adams  Fire  District,  upon  the  North  Adams 
acceptance  of  this  act  as  hereinafter  provided,  may,  for  Wii"terLoan,Act 
the  purpose  of  refunding  any  or  all  of  its  notes  now  out-  °^  ^^^^' 
standing,  and  for  the  purpose  of  extending  and  enlarging 
its  water  works  by  building  additional  reservoirs  or  other- 
wise, and  repairing  the  same,  and  generally  for  the  pur- 
pose of  supplying  the  district  and  the  inhabitants  thereof 
with  water,  issue  from  time  to  time  bonds,  notes  or  scrip 
to  an  amount  not  exceeding  two  hundred  and  rifty  thou- 
sand dollars  in  addition  to  all  amounts  heretofore  author- 
ized. Such  bonds,  notes  and  scrip  shall  bear  on  their  face 
the  words,  North  Adams  Fire  District  Water  Loan,  Act 
of  1805,  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  forty  years  from  the  date  of  issue,  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  four 
per  cent,  per  annum,  and  shall  be  signed  by  the  treasurer 
of  the  fire  district  and  countersigned  by  the  chairman  of 
the  prudential  committee  of  said  fire  district.  The  said 
fire  district  may  authorize  the  treasurer  of  the  district  to 
sell  such  securities  at  public  or  private  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 
said  district  may  deem  |)roper. 

Section  2.  The  said  fire  district  shall  provide  at  the  Payment  of 
time  of  contracting  said  loan  for  the  establishment  of  a  """' 
sinking  fund,  and  shall  annually  contribute  to  such  fund  a 
sum  sufficient  with  the  accunuilations  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.  Said  fire 
district  instead  of  establishing  a  sinking  fund  may  provide 
for  the  payment  of  such  bonds,  notes  and  scrip  in  annual 
payments  of  such  amounts  as  will  in  the  aggregate  extin- 
guish the  same  within  the  time  prescribed  in  this  act.  The 
income  from  the  water  rates  not  applicable  to  the  payment 
of  other  debts  of  the  district  shall  be  applied  to  the  pay- 
ment of  the  principal  and  interest  of  such  bonds,  notes 
and  scrip,  and  the  fire  district  shall  raise  by  taxation  such 
sums  as  shall  l)e  necessary  in  addition  thereto  to  })ay  the 
said  principal  and  interest  sums  as  they  shall  become  due. 


158  Acts,  1895.  — Chap.  150. 

'^uZ2me7vf,y.        Sectiox  3,     Tlic  to\Yn  of  North  Adams  may,  by  a  vote 

ment  of  bouds,  of  two  thirds  of  the  voters  present  and  voting  at  a  legal 
to^vn  meeting  called  for  the  purpose,  guarantee  the  pay- 
ment of  the  principal  and  interest  of  all  or  part  of  the 
said  bonds,  notes  and  scrip,  and  said  bonds,  notes  and 
scrip  shall  be  countersigned  by  the  treasurer  of  the  town. 

^vh<>ntotako  Section  4.  This  act  shall  take  effect  upon  its  accepts 
ance  by  a  two  thirds  vote  of  the  legal  voters  of  said  tire 
district    present  and  voting  thereon  at  a  legal   meeting 

Proviso.  called    for   that   purpose :  provided,  that   no    more   than 

three  such  meetings  shall  be  called  in  any  one  year. 

Approved  March  22,  1895. 

ChC(p.l50  '^^  ■^'^'^  "^O  AUTHORIZE  THE  CITY  OF  FALL  RIVER  TO  INCUR  IN- 
DEliTKDNESS  15EYONI)  THE  LIMIT  FIXED  HT  LAW,  FOR  THE  PUR- 
POSE  OF   ERECTING   A   PUBLIC   LIBRARY   I5UILUIXG. 

Be  it  enacted,  etc.,  as  follows: 

May  incur  SECTION  1.     The  City  of  Fall  Rivcr,  for  the  purpose 

isaJe  b^MciTetc.  of  enabling  the  board  of  trustees  of  the  public  library  of 
said  city  to  erect  a  public  lil)rary  building  in  said  city, 
the  same  to  contain  accommodations  for  the  othces  of 
the  school  department,  may  incur  indebtedness  and  may 
authorize  the  city  treasurer  of  said  city  to  issue  from  time 
to  time,  as  the  said  board  of  trustees  shall  request  and  the 
mayor  of  said  city  approve,  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  one  hundred  and  fifty  thousand  dol- 
lars. Such  bonds  shall  be  payable  in  thirty  ^^ears  from 
their  date  of  issue  and  shall  bear  interest  at  a  rate  not 
exceeding  four  per  cent,  per  annum,  payable  semi-annually, 
and  fixed  by  the  said  treasurer  with  the  approval  of  the 
mayor. 
M.iy  take  lands,  SECTION  2.  Said  boaixl  of  trustccs  may,  for  the  pur- 
^^"^  pose  of  securing  a  suitable  site  for  said  libraiy  building,  at 

any  time  within  three  years  after  the  passage  of  this  act 
take  and  hold  by  purchase  or  otherwise  any  part  of  the 
lands  or  buildings  thereon  in  the  city  of  Fall  Kiver.  Said 
DeBoriptionof  boaixl  shall  within  sixty  days  after  taking  any  lands  or 
recorded.' ^°  *  buildings  as  herein  provided,  otherwise  than  by  purchase, 
for  the  purposes  of  this  act,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  and  district  in 
which  said  land  and  buildings  are  situated  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  were  taken,  which 
description  and  statement  shall  be  signed  by  the  mayor ; 


Acts,  1895.  — Chap.  150.  159 

and  said  city  shall  also  cause  a  copy  of  such  description 
and  statement  to  be  published  three  weeks  successively  in 
some  newspaper  printed  in  said  Fall  River,  and  to  be  sent 
by  mail  to  the  last  known  address  of  the  owner  of  record 
of  the  lands  so  taken. 

Sectiox  3.  Said  city  shall  be  liable  to  pay  all  damages  Damages, 
sustained  in  property  by  any  i)erson  or  corporation  l)y 
reason  of  the  taking  of  any  land,  right  or  easement  under 
the  authority  of  this  act.  If  any  one  sustaining  damage 
as  aforesaid  does  not  agree  with  said  city  upon  the  amount 
of  said  damage  he  may,  within  two  years  from  the  tiling 
of  the  description  and  statement  mentioned  in  section  two, 
apply  by  petition  for  an  assessment  of  damage  to  the 
superior  court  for  the  county  of  Bristol,  and  upon  the  fil- 
ing of  such  petition  the  clerk  of  said  court  shall  issue  a 
summons  to  said  city,  returnable  at  the  next  return  day 
after  the  expiration  of  thirty  days  from  the  filing  of  the 
petition.  The  summons  shall  be  served  fourteen  days 
at  least  liefore  the  day  on  which  it  is  returnable,  by  leaving 
a  copy  thereof  and  of  the  petition  certified  by  the  ofiicer 
who  served  the  same,  with  the  clerk  of  said  city ;  and  the 
court  shall,  after  notice  and  hearing,  appoint  three  dis- 
interested persons  who  shall,  after  reasonable  notice  and 
hearing,  assess  the  damages,  if  any,  which  such  petitioner 
may  have  sustained  as  aforesaid,  and  the  award  of  the  per- 
sons so  appointed  or  a  major  part  of  them  being  returned 
into  and  accepted  by  the  court  shall  be  final,  and  judg- 
ment shall  be  rendered  and  execution  issued  thereon  for 
the  prevailing  party  with  costs,  unless  one  of  the  parties 
clamis  a  trial  by  jury  as  hereinafter  provided. 

Section  4.  If  either  of  the  parties  mentioned  in  the  Parties  dissatie- 
preceding  section  is  dissatisfied  with  the  amount  of  dam- tAaibyjury.^ 
ages  awarded  as  therein  provided  for,  such  party  may,  at 
the  sitting  of  the  court  at  which  said  award  was  accepted 
or  the  next  sitting  thereafter,  claim  in  writing  a  trial  in 
said  court,  and  thereupon  all  questions  of  fact  relating  to 
such  damages  shall  he  heard  and  determined  and  the 
amount  of  damages  assessed  by  a  jury  at  the  bar  of  said 
court ;  and  the  verdict  of  the  jury  being  accepted  and  re- 
corded by  the  court  shall  be  final  and  conclusive,  and 
judgment  shall  be  rendered  and  execution  issued  thereon, 
and  costs  shall  be  recovered  by  the  parties  respectively  in 
the  same  manner  as  is  provided  by  law  in  regard  to  pro- 
ceedings relative  to  the  laying  out  of  highways. 


IGO  Acts,  1895.  — Chap.  150. 

as^edl'ka'^6"um'^      Section  5.     Ill  cvciy  case  of  a  petition  to  tlie  superior 
etc.  court  for  an  assessment  of  damaires  as  })rovide(l  in  this  act 

the  said  city  may  tender  to  the  i)ctitioncr  or  his  attorney 
any  sum,  or  may  bring  the  same  into  court  to  be  paid  to 
tlie  petitioner,  for  the  damages  by  him  sustained  or 
claimed  in  his  petition,  or  may  in  writing  oiler  to  be 
defaulted  and  that  damages  may  be  awarded  against  it  for 
the  sum  therein  expressed ;  and  if  the  j)et]tioner  does  not 
accept  the  sum  so  offered  or  tendered,  with  liis  costs  u})  to 
that  time,  but  proceeds  with  his  suit,  he  shall  be  entitled 
to  his  costs  to  the  time  of  such  tender  or  payment  into 
court  or  offer  of  judgment  and  not  afterwards,  unless  the 
amount  recovered  by  him  in  such  action  exceeds  the 
amount  so  tendered.  And  said  city  shall  be  entitled  to 
recover  its  costs  afterwards  unless  the  petitioner  recovers 
an  amount  in  excess  of  the  amount  so  offered  or  tendered. 
TruBteesto  SECTION  6.     The  Said  board  of  trustees  shall  have  full 

Btrmtion,  etc.,  powcr  aud  coutrol  of  the  design,  construction  and  erection 
ing.'  "'^  "'  '  of  the  pul)lic  library  building  to  be  erected  in  said  city, 
and  are  hereby  fully  authorized  and  empowered  to  select 
and  employ  an  architect  or  architects  to  design  said  build- 
ing and  supervise  the  construction  and  erection  thereof, 
and  a  superintendent  or  superintendents  to  take  charge  of 
and  approve  the  work ;  but  work  upon  said  building  shall 
not  be  commenced  until  full  general  plans  for  the  building 
shall  have  been  prepared,  and  no  sjiecific  work  shall  be 
commenced  until  the  same  shall  have  been  duly  advertised, 
proposals  for  doing  such  work  shall  have  been  received 
from  responsible  parties,  and  contracts  shall  have  been 
entered  into  with  satisfactory  guarantees  for  their  per- 
formance. 
Not  to  be  Section  7.     The  debt  and  loan  authorized  by  this  act 

d?te.MUning  aud  thc  uotcs,  bonds  or  scrip  which  may  be  issued  therefor 
debtiioiu.  shall  not  he  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. 
p.  s. 29  to  Section  8.     The  provisions  of  chapter  twentv-nine  of 

the  Public  Statutes  in  regard  to  the  establishment  and 
maintenance  of  a  sinking  fund  shall  apply  to  the  loans 
authorized  by  this  act. 

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

Ap2^roved  March  22,  1S95. 


apply. 


Acts,  1895.  — Chap.  151.  161 


An  Act   to  authofjize  the   toavn   ok  concord  to   coxstuuct  Q/iajj^l^X 

ANU   MAIXTAIX   A   SVSTEM   OF   SEAVEKAGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Concord  may  lay  out,  con- May  take  lands, 

,  ,  1  ,     ,     ,  J  t>  1  T         elc,  for  sewer-- 

struct  and  niamtain  a  system  or  sevveraoe  and  sewage  dis-  age  purposes. 
posal  for  said  town  ;  may  take  by  purchase  or  otherwise 
any  lauds,  water  rights,  rights  of  Avay  or  easements  in 
said  town  deemed  necessary  for  the  establislmient  of  such 
system  of  sewerage  and  sewage  disposal  and  for  connec- 
tions therewith ;  may  establish  an  annual  charge  for  the 
privilege  of  connecting  therewith  ;  and  may  order  any  or 
all  persons  or  corporations  to  dispose  of  their  sewage  in 
said  town  by  connection  with  such  system  ;  and  any  per- 
son or  corporation  neglecting  to  comply  with  such  order 
shall  lie  liable  to  a  fine  not  exceeding  tAventy  dollars  for 
each  week's  continuance  of  such  neglect. 

Section  2.     No  act  shall  lie  done  under  authority  of  system, etc.,  to 

.,  1.  .  j-i  •  1  A  1   xi        I  J.'    '         i'    Ije  approved  by 

the  precedmg  section  until  said  system  and  the  location  ot  stat.- board  of 
any  lands  to  be  taken  for  the  purpose  of  sewage  disposal 
shall  have  been  approved  by  the  state  board  of  health. 

Section  3.     Said  town  may,  for  the  purposes  of  this  May  carry 
act,  carry  its  sewers,  drains,  pipes  and  conduits  under  and  mideretreet's, 
along  any  street,  railroad,  highway  or  other  way,  in  such  ®^''* 
a  manner  as  not  to  unnecessarily  obstruct  the  same,  and 
do  any  other  thing  necessary  and  proper  for   said  pur- 
poses. 

Section  4.  Said  town  when  it  takes  any  lands,  water  Description  of 
rights,  rights  of  way,  easements  or  other  real  estate  under  recorded. ' 
the  authority  of  this  act,  in  any  manner  other  than  by 
purchase,  shall  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  in  which  the  same  are 
situated  a  description  of  the  same  as  certain  as  is  inquired 
in  a  common  conveyance  of  land,  with  a  statement  of  the 
purposes  for  which  the  same  are  taken ;  and  u})on  such 
recording  the  title  to  the  lands,  water  rights,  rights  of 
way,  easements  and  other  real  estate  so  described  shall 
vest  in  the  said  town. 

Section  5.  Said  town  shall  pay  all  damages  sustained  Damages. 
by  any  person  or  corporation  in  property  by  reason  of 
such  taking,  and  if  such  person  or  corporation  fail  to 
agree  with  the  town  as  to  the  amount  of  damages  sustained 
such  damages  shall  be  assessed  and  determined  by  a  jury 
of  the  superior  court,    in  the  manner   provided  by  law 


162 


Acts,  1895.  — Chap.  15L 


a  specitied  sum. 


May  incur 
indebtednpBS 
beyond  debt 
limit,  issue 
bonds,  etc. 


■when  land  is  taken  for  the  laying  out  of  hiirhways,  on 
petition  therefor  by  such  person,  corporation  or  town, 
filed  in  the  office  of  the  clerk  of  said  court  for  the  county 
of  Middlesex,  at  any  time  within  the  period  of  two  }ears 
from  the  taking  of  such  land  or  other  property. 
Town  may  offer  Sectiox  G.  Iu  cvcry  case  of  a  ])etition  for  the  assess- 
ment of  damages  l)y  a  jury  as  aforesaid  the  said  town  may 
offer  in  court  and  consent  in  writing  that  a  sum  tliorein 
specified  may  be  awarded  as  damages  to  the  compkiinant ; 
and  if  the  complainant  shall  not  accept  the  sum  so  oflered 
within  ten  days  after  he  has  received  notice  of  such  ofl'er, 
and  shall  not  finally  recover  a  greater  sum  than  the  sum 
so  offered,  and  interest  thereon  to  the  time  of  the  verdict, 
the  said  town  shall  be  entitled  to  recover  its  costs  from  the 
date  of  the  offer ;  and  the  complainant  if  he  recover  dam- 
ages shall  be  allowed  his  costs  only  to  the  date  of  said 
oiler. 

Section  7.  Said  town  of  Concord,  to  carry  out  the 
provisions  of  this  act,  is  hereljy  authorized  to  raise  and 
a})propriate  in  such  manner  as  it  shall  determine  such  sum 
or  sums  of  money  as  shall  be  retiuired  therefor,  provided 
the  aggregate  indebtedness  incurred  shall  not  exceed  fifty 
thousand  dollars  beyond  the  limit  of  indebtedness  fixed  by 
law  for  said  town  ;  and  for  money  borrowed  said  town 
may  issue  from  time  to  time  negotiable  bonds,  notes  or 
scrip,  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  date  of  issue  and  bearing  such  rate 
of  interest  not  exceeding  five  per  cent,  per  annum  as  said 
town  may  determine.  The  said  town  may  sell  such 
securities  at  public  or  private  sale,  or  pledge  the  same  for 
not  less  than  their  par  value  for  money  borrowed  for  the 
purposes  of  this  act,  upon  such  terms  and  conditions  as  it 
may  deem  proper;  may  establish  a  sinking  fund  for  the 
repayment  of  such  bonds,  notes  or  scrip,  which  sinking 
fund  shall  be  held  and  managed  by  the  trustees  of  town 
donations  of  said  town,  and  may  make  jxayable  annually  a 
fixed  ])ro])ortion  of  the  ])rinci})al  of  said  bonds,  notes  or 
scrip ;  and  said  town  shall  annually  raise  by  taxation,  or 
as  provided  in  section  ten  of  this  act,  or  both,  the  amounts 
required  to  meet  such  interest,  sinking  fund  requirements, 
as  determined  by  vote  of  said  town  from  time  to  time,  and 
portion  of  the  principal  payal)le  annually.  The  sinking 
funds  of  any  loans  of  said  town  may  be  invested  in  said 
bonds,  notes  or  scrip. 


Sinking  fund. 


Acts,  1895.  — Chap.  151.  1G3 

Section  8.     The  commissioners  of  prisons  shall,  at  the  sewersof 

f    ,^  y-1  1,1  J.    j_i  1    Massachusetts 

expense  or  the  Commonwealth,  connect  the  sewers  and  reformatory, 
sewerage  system  of  the  Massachusetts  reformatory  and  connected  with 
other  property  of  the  Commonwealth  in  the  said  town  of  ^'^'o  ^*'^^''- 
Concord  with  the  main  sewer  of  said  town,  whenever  such 
main  sewer  shall  be  laid  by  the  town  to  Concord  Junction 
and  connected  with  the  system  of  sewage  disposal  estalv 
lished  by  the  town,  paying  for  such  privilege  such  part  of 
the  cost  of  construction  of  said  system  and  such  part  or 
percentage  of  the  annual  expense  of  maintaining  and  oper- 
ating the  same  as  may  be  agreed  upon  between  the  said 
town  and  said  Commonwealth  through  its  board  of  prison 
commissioners  ;  and  in  case  said  town  and  commissioners 
shall  be  unable  to  agree  then  such  compensations  to  be  so 
paid  shall  be  determined  by  three  commissioners  to  be 
appointed  by  the  supreme  judicial  court,  upon  application 
of  either  said  town  or  said  board  of  prison  commissioners 
and  notice  to  the  other  of  said  ])arties,  whose  award  when 
accepted  by  said  court  shall  be  final  and  l)inding  upon  said 
town  and  Commonwealth. 

Section  9 .     Said  town  of  Concord  shall  elect  bv  bal-  sewer  comtnis. 

.  -  .       ,  •    /         /?*    1  Kioners.election, 

lot  a  board  ot  sewer  commissioners,  to  consist  oi  three  term,  etc. 
persons,  who  shall  hold  office  for  one  3'ear,  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  three  years,  respectively,  from  the 
annual  meeting  next  following  their  election,  and  in  either 
case  until  their  successors  are  chosen  ;  and  at  each  annual 
town  meetiiiii;  thereafter  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  Vacancy,  etc. 
town  may  at  any  meeting  called  for  the  purpose  elect  a 
person  to  fill  said  vacancy.  After  the  town  has  voted  to 
construct  a  system  of  sewerage  under  this  act  the  said 
board  shall  have,  execute  and  perform  all  the  rights, 
powers  and  privileges  hereby  granted,  subject  to  the  vote 
of  said  town,  and  shall  have  all  the  powers  and  be  subject 
to  all  the  duties,  liabilities  and  penalties  which  are  con- 
ferred or  imposed  upon  server  commissioners  by  the  pro- 
visions of  chapter  four  hundred  and  twenty-three  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three. 

Section  10.     Said   town   of  Concord   may   meet   the  Expenses  of 
whole  or  any  part  of  the  cost  and  expenses  of  construct-  maintTinVn"!'*" 

eewere,  etc. 


164  Acts,  1805.  — Chap.  152. 

Expenses  of       mn,  maintainins:  and  operatinir  said  system  of  scwerao-e 
maiiiiHiniiig        aiid  scwasc  disposal  by  assessments  to  be  made  uixjn  i)er- 

eewers,  eic.  i  '      j    x  •  •  i      i     ■         i         .         I.,. 

sons  and  estates,  in  any  manner  provided  in  chapter  litty 
of  the  J^ublic  Statutes  and  acts  in  amendment  thereof  or 
addition  thereto,  in  Avhieli  case,  all  the  provisions  of  said 
chapter  and  acts,  so  far  as  a])plicable,  shall  apply  to  any 
assessments  made  under  authority  of  this  act;  or  by 
applyinir  and  appropriatin<2;  thereto  by  A'ote  of  said  town 
any  j)art  of  the  excess  of  the  surplus  revenues  of  the  water 
works  of  said  town  above  the  annual  interest  on  the  water 
delit,  the  charijes  of  operatinij  and  maintaining  said 
works,  the  minimum  annual  contri'uutions  requii'ed  by  law 
to  be  made  to  the  sinking  fund  thereof,  and  such  further 
annual  contrilnitions  thereto  as  shall  be  required  by  the 
trustees  of  town  donations  for  the  purpose  of  providing 
for  the  payment  at  maturity  of  all  existing  obligations 
comprising  said  water  debt;  and  the  said  town  is  lu^-eby 
released  from  the  obligation  imjiosed  in  section  seven  of 
chapter  one  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-two,  requiring  the 
whole  of  the  surplus  net  income  and  receipts  of  its  said 
water  works  to  be  applied  solely  to  the  j)ayment  of  the 
principal  of  the  bonds  issued  thereon,  so  far  as  is  herein- 
before provided,  and  no  further. 
■When  to  take  Sectiox  11.  Tliis  act  sliall  take  cffect  upoD  its  passRge, 
and  shall  become  void  unless  it  is  accepted  by  a  vote  of 
said  town  of  Concord  at  a  legal  meeting  held  for  the  ])ur- 
pose  within  three  years,  but  such  acceptance  shall  not 
oblige  the  town  to  lay  out  or  construct  any  system  of 
sewerage.  Approved  3farch  22^  IS 95. 


effiict. 


Chap.152 


An  Act  to  ixcorporate  tue  dewing  memorial. 

Be  it  enacted,  etc.,  as  follows : 

Pewin?  Sectiox  1.     Joscpli   P.  Bixby,   Benjamin  F.  Dewing 

incwporaied.  aud  Edwiu  B.  Iloopcr,  trustees  under  the  will  of  Mary  W. 
Dewing,  late  of  the  town  of  Kevere,  Avhich  will  was  allowed 
by  the  prol)ate  court  in  the  county  of  Sullblk  on  the 
twenty-second  day  of  Sei)teml)er  in  the  year  eighteen 
hundred  and  ninety-two,  and  their  successors,  are  hereby 
made  u  cor])oration  l)y  the  name  of  Dewing  ^Memorial,  for 
the  charitable  purposes  hereinafter  specified  ;  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  restric- 
tions and  lial)ilities  set  forth  in  all  general  laws  which  now 
arc  or  hereafter  may  be  in  force  relative  to  such  corpora- 
tions, so  far  as  the  same  may  be  applicable. 


Acts,  1895.  — Chap.  153.  165 

Sectiox  2.     Said  corporation  shall  have  authority  to  May  take  and 

hi  1     .        .  .  1         1       •     •    V  T  j_      J.1  •  '•  liolJ  certain  real 

old  m  trust  and  administer,  according  to  the  provisions  and  personal 

of  said  will,  the  estate  therein  given  to  said  trustees,  and  '^^'^'®' ^^*=- 
may  take  and  hold  by  devise,  bequest,  grant  or  gift,  other 
personal  or  real  estate,  to  be  devoted  to  religious,  educa- 
tional or  other  charitable  purposes,  not  exceeding  in  all 
the  amount  of  one  hundred  thousand  dollars ;  and  the 
property  of  said  corporation  so  held  and  used  shall  be 
exempt  from  taxation  to  the  same  extent  as  the  property 
of  charitable  institutions. 

Sectiox  3.     The   members   of    said  corporation   may  Membership. 
increase  their  number  to  tive,  and  shall  have  power  to  lill 
any  vacancies  caused  m  their  membership  by  death,  res- 
ignation or  otherwise. 

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

Approved  March  22,  1S95. 


Chap.153 


An  Act   to   extexd   the   time   fok  filixg  exceptions  in  the 
supreme  judicial  and  superioll  courts. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Parties  alleging  exceptions  under  the  pro-  Time  for  filing 
visions  of  section  eight  of  chapter  one  hundred  and  tifty-  eupreme""*" 
three  of  the  Public  Statutes  shall,  in  criminal  cases,  tile  iuperfor^courts. 
the  same  with  the  clerk  within  three  days,  and  in  civil 
cases  within  twenty  days,  after  the  verdict  in  the  case,  or 
after  the  opinion,  ruling,  direction  or  judgment  excepted 
to  is  given,  unless  further  time  is  allowed  by  the  court. 

Section  2.     The  presiding  iustice  shall  have  the  ri^ht  Transcript  of 

.  ,  .      ^  •  1  '11        evidence  nray  be 

to  order  the  excepting  jvarty  in  civil  cases  to  tiirmshto  the  ordered  in  oivii 
court  a  transcript  of  the  evidence,  or  such  part  thereof 
as  the  presiding  justice  shall  designate,  written  out  by 
the  official  stenographer  from  his  notes,  within  such  time 
as  the  justice  shall  order,  not  less  than  ten  days  from 
the  date  of  the  order,  and  if  the  excepting  party  shall 
neglect  to  furnish  the  same  within  said  time  or  such  exten- 
sion thereof  as  the  court  may  allow  the  court  in  which  the 
exceptions  were  taken  may,  upon  application  of  the  adverse 
party  and  upon  due  notice  to  all  parties  interested,  order 
the  exceptions  taken  dismissed,  and  the  opinion,  ruling 
or  order  excepted  to,  affirmed  in  the  manner  provided  in 
chapter  ninety-four  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-eight. 

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

Approved  March  22,  1S95. 


166  Acts,  1895.  — Chaps.  154,  155,  156,  157. 


Ch(in.\54:  ^^  ■^'^'^  "^^  AUTHORIZE  TIIK  SPKIXOFIELD  GAS  LIGHT  COMl'ANV  TO 
HOI.I)  REAL  ESTATE  AM)  TO  LAY  PIPES  AND  KUltNISH  GAS  IN  THE 
TOWN  OF  "WEST   SPUING  FIELD. 

Be  it  enacted,  etc.,  as  follows: 
May  hold  real         Sectiox  1.     The  Sprin<rfield  Gas  Liorht   Companv  is 

estate,  lav  pipes,   -,  ,  j^i-i  iiii  i»- 

etc.,  in  West  nercov  autborizecl  to  hold  real  estate,  to  extend  its  niiiins 
pnngie  .  ^^^^  j_^^^  pjpes,  iu  the  town  of  West  S[)ringHeld,  and  to 
furnish  or  to  manufacture  and  sell  iras  in  said  town  for 
liulitmg,  heatinir,  cooking,  power  and  other  uses  for 
which  such  gas  is  manufactured,  subject  to  all  the  restric- 
tions, limitations  and  provisions  of  the  general  laws  con- 
trolling gas  companies. 

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

Approved  March  22,  1895. 


ChaT).\55  -^^    -^^^    '^^    AUTHORIZE    THE    BOSTOX    FATHERLESS    AND    AVIDOWS' 
SOCIETif  TO   HOLD  ADDITIONAL  PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

May  hold  addu       Sectiox  1.    The  BostoH  Fathcrlcss  and  Widows'  Society 
pereonaTesuie.  mav  liold,  for  the  purjjoscs  of  such  society,  real  and  per- 
sonal estate  to  an   amount  not  exceeding  in  all  one  hun- 
dred and  fifty  thousand  doHars. 

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

Approved  March  22,  1895. 

C7lClp.l5G  -^N  *'^CT  TO  AUTHORIZE  THE  NEW  ENGLAND  HOSPITAL  FOR  WOMEN 
AND  CHILDREN  TO  HOLD  ADDITIONAL  REAL  AND  PERSONAL 
ESTATE.       ' 

Be  it  enacted,  etc.,  asfolloivs: 

May  hold  Section  1.     The   New  England  Hospital  for  Women 

a.id'pe.'Bona?  and  Children  is  hereby  authorized  to  hold  real  and  personal 
pr()})erty  not  exceeding  one  million  dollars  in  value, 
instead  of  the  amounts  of  real  estate  and  personal  prop- 
erty authorized  l)y  its  act  of  incorporation. 

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

Approved  March  22,  1895. 


property. 


C7iap.l57  -^N    Act   RELATIVE    TO    THE    LIAl'.ILITIES   OF   OFl 
HOLDERS     OF     FOREIGN    CORPORATIONS    DOINC 


'FICERS    AND     STOCK- 
DOING    BUSINESS     IN   THIS 
COMMONWEALTH. 

Beit  enacted,  etc.,  as  follows: 
1884, 330  §3,  Section  three  of  chapter  three  hundred  and  thirty  of 

amended.  /.     i  i  i  i        i  i       •    i  /•   *        • 

the  acts  oi  the  year  eighteen  hundred  and  eighty-iour  is 


Acts,  1895.  -  Chap.  158.  167 

hereby  amended  liy  adding  at  the  end  thereof  the  follow- 
ing words  :  —  The  provisions  of  the  Public  Statutes  in  so 
far  as  they  impose  penalties  and  liabilities,  and  the  en- 
forcement of  the  same,  upon  officers  and  stockholders  of 
domestic  corporations  for  false  and  fraudulent  statements 
and  returns,  shall  apply  to  the  officers  and  stockholders 
of  foreign  corporations  doing  business  in  this  Common- 
wealth and  subject  to  the  provisions  of  this  act,  —  so  as  to 
read  as  follows  :  —  Section  3.  Every  such  company  before  Foreign  cor. 
transacting  business  in  this  Commonwealth  shall  file  with  copy  oTchaner, 
said  commissioner  a  copy  of  its  charter  or  certificate  of  ®"^' 
incorporation,  and  a  statement  of  the  amount  of  its  capital 
stock,  and  the  amount  paid  in  thereon  to  its  treasurer, 
and  if  any  part  of  such  payment  has  been  made  other- 
wise than  in  money  the  statement  shall  set  foilh  the 
particulars  thereof,  and  said  statement  shall  be  subscribed 
and  sworn  to  by  its  president,  treasurer  and  by  a  majority 
of  its  directors  or  officers  having  the  powers  usually 
exercised  by  directors.  All  such  companies  now  doing 
business  in  this  Commonwealth  shall  file  such  copy  and 
such  statement  on  or  before  the  first  day  of  October  next, 
provided  such  business  is  thereafter  continued.  Every  Penalties,  etc 
officer  of  a  corpt)ration  which  fails  to  comply  with  the 
requirements  of  this  act,  and  every  agent  of  such  cor- 
poration who  transacts  business  as  such  in  this  Common- 
weahh  shall  for  such  failure  be  liable  to  a  fine  not  exceeding 
five  hundred  dollars ;  but  such  failure  shall  not  affect  the 
validity  of  any  contract  by  or  with  such  corporation. 
Every  such  company  shall  pay  into  the  treasury  ten 
dollars  for  filing  the  copy  of  its  charter,  and  five  dollars 
for  filing  the  statement  required  by  this  section.  The  Certain  pro vi- 
provisions  of  the  Public  Statutes  in  so  far  as  they  impose  apply? 
penalties  and  lialiilities,  and  the  enforcement  of  the  same, 
upon  officers  and  stockholders  of  domestic  corporations 
for  false  and  fraudulent  statements  and  returns,  shall  apply 
to  the  officers  and  stockholders  of  foreign  corporations 
doing  business  in  this  Commonw^ealth  and  subject  to  the 
provisions  of  this  act.  Approved  March  22,  1895. 

An  Act  to  supply  the  town  of  Rutland  with  water.      Chrnt  1  ^S 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  town  of  Rutland  may  supply  itself  water  supply 

1     •  •     y      1  •  •   1  /•  "^   .       ^   .    ,  .  /,    for  town  of 

and  its  inhabitants  with  water  tor  the  extinguishing  of  Kunand. 
fires  and  for  domestic  and  other  purposes ;  may  establish 


168  Acts,  1895.  — Chap.  158. 

fountains  and  hydrants  and  relocate  and  discontinue  the 
sam(>,  and  may  regulate  the  use  of  such  water  and  lix  and 
collect  rates  to  be  paid  for  the  use  of  the  same. 
May takp certain  Sectiox  2.  Said  towu,  for  the  pur})oses  aforcsald,  and 
ete.**  '  '  for  the  purpose  of  obtaining  a  supply  of  water,  may  draw 
and  convey  directly  from  lake  ]\luschopauge,  situated  in 
the  town  of  Kutland,  so  much  of  the  waters  thereof  and 
the  waters  that  flow  into  and  from  the  same  as  it  may  re- 
quire ;  and  it  may  take  by  purchase  or  otherwise,  and  hold 
any  water  rights  connected  with  said  lake  and  any  springs 
and  streams  tributary  thereto,  and  the  water  rights  con- 
nected 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  ytart  of  said 
town  of  Rutland  ;  and  may  erect  upon  the  land  thus  taken 
or  held  proper  dams,  buildings,  fixtures  or  other  structures  ; 
and  may  make  excavations,  j)rocure  and  operate  machinery 
and  provide  such  other  means  and  a])pliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  eft'ective  water  works ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works,  under  or  over 
lands,  water  courses,  railroads,  })ublic  or  private  ways, 
and  along  any  such  ways  in  such  manner  as,  when  corn- 
May  die  up  pleted,  not  unnecessarily  to  obstruct  the  same;  and  for 
lindei!  din^ction  the  ])uri)Ose  of  constructing,  maintaining  and  repairing 
of  selectmen.  ^j^^^.|^  couduits,  pipcs  and  otlicr  works,  and  for  all  proper 
l)ur})()ses  of  this  act,  said  town  may  dig  up,  raise  and 
embank  any  such  lands  or  ways,  under  the  direttion  of 
the  board  of  selectmen  of  the  town  in  which  such  ways 
are  situated,  in  such  manner  as  to  cause  the  least  hindrance 
to  ])ublic  travel  on  such  ways. 
Description  of  Sectiox  3.  Said  town  shall  within  ninety  days  after 
recorded'!' ^° ''^  the  taking  of  any  lands,  rights  of  way,  water  rights,  water 
sources  or  easements  as  aforesaid,  other  than  by  juirchase, 
file  and  cause  to  be  recorded  in  the  registry  of  deeds  for 
the  county  and  district  where  the  same  are  situated  a 
description  thereof  sutiiciently  accurate  for  identification, 
with  a  statement  of  the  purpose  for  which  the  same  were 
taken,  signed  by  the  water  commissioners  hereinafter 
})rovided  for. 
DamageB.  Skcfion  4.     Said  town  .Mhall  pay  all  damages  sustained 

by  any  person  or  corporation  in  proi)erty  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water 
right  or  easement,  or  l)y  any  other  thing  done  by  said 


Acts,  1895.  — Chap.  158.  169 

town  under  the  authority  of  this  act.  Any  person  or  cor-  Damages. 
poration  entitled  to  damages  as  aforesaid,  who  fails  to 
aoree  with  said  town  as  to  the  amount  of  damao-es 
sustained,  may  haA^e  the  damages  assessed  and  determined 
in  the  manner  jirovided  by  law  when  land  is  taken  for  the 
laying  out  of  highways,  by  making  application  at  any 
time  within  a  period  of  three  years  from  the  taking  of 
such  land  or  other  property  or  the  doing  of  any  other 
injury  under  the  authority  of  this  act ;  but  no  such  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
years.  No  application  or  assessment  shall  be  made  for 
the  taking  of  any  water  or  water  rights,  or  for  any  injury 
thereto,  untd  the  water  is  actually  withdrawn  or  diverted 
by  said  town  under  the  authority  of  this  act. 

Sectiox  5.  Said  town  may,  for  the  purpose  of  paying  Rutland  water 
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  agoregate 
thirty  thousand  dollars.  Such  bonds,  notes  or  scrip  shall 
bear  on  their  face  the  words,  Rutland  Water  Loan  ;  shall 
be  payalile  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  date  of  issue,  and  shall  bear  intercf^t 
payable  semi-annually  at  a  rate  not  exceeding  live  per  cent, 
per  annum,  and  shall  be  signed  by  the  treasurer  of  the 
town  and  be  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  Said  town  may  sell  all  such 
securities  at  public  or  private  sale  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act.  Said  town,  sinking  fund. 
unless  it  avails  itself  of  the  provisions  of  section  six,  shall 
provide  at  the  time  of  contracting  said  loan  for  the  estab- 
lishment of  a  siidving  fund,  and  shall  annually  contriliute 
to  such  fund  a  sum  sufficient  with  the  accumulations  thereof 
to  pay  the  princi[)al  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. 

Sectiox  6.     Said  town  instead  of  establishins:  a  sink- May  provide  for 

.  ,  .  ..  'ii  •  1       annual  pay- 

ing tund  may  at  the  time  oi  authorizing  said  loan  provide  ments  on  loan, 

for   the    payment    thereof  in    annual    payments    of  such 

amounts    as  will    in  the  aggregate    extinguish  the    same 

within  the  time  prescribed  in  this  act ;  and  when  such 

vote  has  been  passed  the  amount,  required  shall  without 

further  notice  be  assessed  by  the  assessors  of  said  town  in 

each  year  thereafter  until  the  debt  incurred  by  said  loan 

shall  be  extinguished,  in  the  same  manner  as  other  taxes 


170 


Acts,  1895.  — Chap.  158. 


Return  to  state 
itiiiouut  of  Hink- 
iug  I'uiid,  etc. 


Payment  of 
expeunes,  etc. 


Penalty  for 
corruption  of 
water,  etc. 


"Water  commis- 

sioncrs, election, 
term,  etc. 


To  be  truBtep8 
of  Binkiug  fund 


are  assessed  under  the  provisions  of  section  thii-ty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety-one 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the 
amount  of  sinking  fund  established  under  this  act,  and  if 
none  is  established  whether  action  has  been  taken  in 
accordance  with  the  i)rovisions  of  the  preceding  section, 
and  the  amount  raised  and  applied  thereunder  for  the  cur- 
rent year. 

Section  8.  Said  town  shall  raise  annually  by  taxation 
a  sum  which  with  the  income  deri\ed  from  the  water  rates 
will  be  sufficient  to  pay  the  current  annual  expenses  of 
operating  its  water  works  and  the  interest  as  it  accrues  on 
the  bonds,  notes  and  scrip  issued  as  aforesaid  by  said 
town,  and  to  make  such  contributions  to  the  sinking  fund 
and  payments  on  the  principal  as  may  be  required  under 
the  provisions  of  this  act. 

Section  9.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
the  town  three  times  the  amount  of  the  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  upon 
conviction  of  either  of  the  above  wilful  or  wanton  acts 
shall  be  punished  by  a  tine  not  exceeding  three  hundred 
dollars  or  by  im})risonment  not  exceeding  one  year. 

Section  10.  Said  town  shall,  after  the  accejitance  of 
this  act,  at  a  legal  meeting  called  for  the  purpose  elect  by 
ballot  three  persons  to  hold  office,  one  until  the  expiration 
of  three  years,  one  until  the  expiration  of  two  years  and 
one  until  the  expiration  of  one  year  from  the  next  suc- 
ceeding annual  town  meeting,  to  constitute  a  lioard  of 
water  commissioners ;  and  at  each  annual  town  meeting 
thereafter  one  such  commissioner  shall  be  elected  b}^  ballot 
for  the  term  of  three  years.  All  the  authority  granted  to 
the  town  by  this  act  and  not  othei'wise  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  eonimis- 
sioners  shall  constitute  a  quorum  for  the  transaction  of 
business  relative  both  to  the  water  works  and  the  sinking 


Acts,  1895.  — Chaps.  159,  IGO.  171 

fund.     Any  vacancy   occurring  in   said  board  from  any  Vacancy, 
cause  may  be  tilled  for  the  unex})ired  term  by  said  town 
at  any  legal  town  meeting  held  for  the  purpose. 

Section  11.  This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  two  thirds  vote  of  the  votiu's  of  the  town  of 
Eutland  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  purpose  within  three  years  from  its 
passage ;  l)ut  the  number  of  meetings  so  called  in  any 
year  shall  not  exceed  three.        Approved  March  22,  1895. 

An  Act  to  exempt  vetehan  soldiers  and  sailoks  from  the  rfj^r/jy  159 

PAYIIENT   OF   FEES    FOR   CERTIFICATES   OF   AUTHORITY  TO   ACT   AS  -^ 

INSURANCE  BROKERS. 

Be  it  enacted,  etc. ,  as  foHoivs : 

Section  1.     The  insurance  commissioner  may  issue  a  veteran  soldiers 
certificate  of  authority  to  act  as  an  insurance  broker,  with-  exempt  from 
out  the  payment  of  any  fee  therefor,  to  any  soldier   or  ^enainfees. 
sailor  resident  in  this  Commonwealth  wdio  served  in  the 
army  or  navy  during  the  w^ar  of  the  rebellion  and  who 
received  an  honorable  discharge  from  such  service,  upon 
satisfactory  evidence   of  the  identity  of  such  soldier  or 
sailor. 

Section  2.     So  much  of  section  ninety-three  of  chap-  Repeal, 
ter  five  hundred  and  twenty-two  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  as  is  inconsistent  here- 
with is  hereby  repealed. 

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

Approved  March  22,  1895. 


Chap.im 


An  Act  to  declare  members  of  the  board  op  police  for  the 

CITV   OF   fall   RIVER  INELIGIBLE   TO   CERTAIN   OTHER   OFFICES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  No  person  appointed  to  act  as  a  member  Not  to  hold 
of  the  board  of  police  for  the  city  of  Fall  Ki^^er  shall  dur-  offices. 
ing  his  term  of  olfice  hold  any  other  office  by  appointment 
of  the  governor  of  the  Commonwealth  or  the  mayor  of 
said  city,  except  that  of  notary  public  or  justice  of  the 
peace,  or  be  eligible  for  election  to  any  city  or  state 
office  by  the  vote  of  the  city  council  of  said  city  or  by 
vote  of  the  people. 

Section  2.     This  act  shall  take  efiect  on  the  first  Mon-  when  to  take 
day  in  January  in  the  year  eighteen  hundred  and  ninety- 
six.  Approved  March  22,  1895. 


172  Acts,  1895.  — Chaps.  161,  162,  163. 


OhCl7).\G\   -^^  '^^^  "^^   AUTHORIZE    THE    CITY   OF    AVALTIIAM    TO    RAISE    ADDI- 
TIONAL I-LXDS   FOIl   WATEU    WOKKS. 

Be  it  enacted,  etc.,  as  follows: 
May  raise  addi-       Sectiox  1.     The  citv  of  AVaitliiim  is  hereby  authorized, 

tional  funds  for  i      .  i  i  i  i         i  i 

waterworks,  tor  tuc  ])nrpose  iiamed  in  clia])ter  tlircc  hundred  and 
thirty-seAen  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-tw  o,  to  raise  by  taxation  or  by  borrowing  irom 
time  to  time  an  amount  not  exceeding  one  hundred  thou- 
sand dollars  in  addition  to  the  amount  already  authorized 
by  law,  upon  the  ?ame  terms  and  conditions  and  with  like 
powers  in  all  respects  as  are  provided  in  said  act  for  the 
raising  of  money. 

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

Approved  March  22,  1895. 


IXES  IMPOSED     FOR 
LITERATURE. 


CJlCm  162   ^^^    -^^^    RELATIVE     TO     THE     DISPOSITION    OF     F 
PUBLISHING   OR   DISTRIBUTING    OBSCENE   L 

Be  it  enacted,  etc.,  as  folloics: 
pisposition  of         Sectiox  1.     Wlicn   a    ]ierson  is    convicted  under  the 
cases.  provisions  of  chai)ter  four  hundred  and  thirty -three  of  the 

acts  of  the  year  eighteen  hundred  and  ninety-four,  and 
sentenced  to  pay  a  tine,  one  half  of  the  fine  actually  paid 
by  such  offender  shall  be  paid  to  the  person  who  informed 
and  prosecuted  such  offender  to  conviction. 

Section  2.     This  act  shall  take  etiect  ui)on  its  passage. 

Approved  March  22,  1895. 


Chap.163 


An  Act  to  authokizk  the  neav  enci.and  cotton  manufact- 
urers' ASSOCIATION  TO  HOLD  ITS  MEETIN(iS  AVITHOUT  THK 
COMMON  AVE  A  LTH. 

Be  it  enacted,  etc.,  as  folloios: 

May  hold  meet-       Section  1.     The  Xcw  England  Cotton  ^Manufacturers' 

co^mmonweakh!  AssociatioH  is  hcrcby  authorized  to  hold  its  meetings  in 

any  state  or  territory  of  the  United  States  and  in  the 

Proviso.  District  of  Columbia :  provided,  Juncever,  that  its  annual 

meeting  shall  l)e  ludd  in  this  (V)mmonwealth  at  least  once 

in  five  years. 

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

Approved  March  23,  1895. 


Acts,  1895.  — Chaps.  164,  IGo.  173 


An  Act  to  autitokize  savings   banks  to  invest  in  and  loan  (JJiavAG4. 

UPON  BONDS    of    THE    STATES   OF  MISSOUKI   AND   MINNESOTA   AND 
THE   CITIES  THEREOF. 

Be  it  enacted,  etc.,  as  folloivs : 

Deposits  in  savings  banks  and  institutions  for  savings,  investments  of 
and  the  income  derived  therefVom,  may  be  invested  in  the  savings  uauks, 
legally  authorized  bonds  of  the  states  of  Missouri  and  ^"'' 
Minnesota,  and  in  the  legally  authorized  bonds  for  munic- 
ipal purposes,  and  refunding  ])()nds  issued  to  take  up 
at  maturity  bonds  which  have  been  issued  for  other  than 
municipal  purposes  but  on  which  the  interest  has  l)ecn  fully 
paid,  of  any  city  of  the  aforesaid  states  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  certified  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  indebt- 
edness does  not  exceed  five  per  cent,  of  the  valuation  of 
the  taxable  property  therein,  to  be  ascertained  by  the  last 
preceding  valuation  of  ])roperty  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  e-xceed  in  any  case  eighty  per  cent,  of  the 
market  value  of  the  securities  pledged. 

The  term"  "net  indebtedness"  in  this  statute  shall  be  Termconstmed. 
construed  to  denote  the  indebtedness  of  any  city,  town  or 
district,  omitting  debt  created  for  supplying  the  inhabi- 
tants with  water,  and  deductino;  the  amount  of  sinking 
funds  available  for  the  payment  of  such  indel)tedness. 

Ajyproved  March  23,  1S95. 


C7iapA65 


An    Act    to    incorporate    the    Berkshire    loan    and    trust 

COMPANY. 

Be  it  enacted,  etc.,  as  foUoivs: 

Sp:ctiox  1.     DeWitt   Bruce,    Henry  Colt,    Frank   K.  Berkshire  Loan 
Paddock,  AA'illiam  Russell  Allen,  Charles  Atwater,  Wil-  company 
liam  L.   Adam  and  Charles  W.  Kellogg,  their  associates  ^"'^°'-p°^^^«'^' 
and  successors,   are   hereby  made    a  corporation  by   the 
name  of  Berkshire  Loan  and  Trust  Company,  with  author- 
ity to  establish  and  maintain  a  safe  deposit,  loan  and  trust 
company  in  the  city  of  Pittsfield ;  with  all  the  powers  and 


17i 


Acts,  1895.  — Chap.  166. 


privileofcs   and   subject  to  all   the   duties,   liabilities    and 

restrictions  set  forth  in  all  ijeneral  laws  which  now  are 

or  hereafter  may  be  in  force  relating  to  such  corporations. 

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

Approved  March  27,  IS 95. 


Chap.lGG 


Wires  over 
Btreels  and 
buildings  in 
Brookliue 
regulated,  etc. 


Certain  -wires, 
etc.,  to  be 
marked. 


Supervision  of 
wires,  etc. 


IJKLATIVK     TO    THE     KEGrLATION 
OVEK    STREETS     OU    BUII.UINGS    IN 


AXD     SUPERVISION     OF 
THE   TOWN   OF   liUOOK- 


An   Act 

WIKES 
LINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Every  person  or  corporation,  private  or 
municipal,  owning  or  operating  a  line  of  wires  over  streets 
or  buildings  in  the  town  of  Brookliue  shall  use  only  wires 
that  are  suitable  and  strong ;  shall  suitably  and  safely 
attach  them  to  strong  and  sufficient  supports  and  insulate 
them  at  all  points  of  attachment ;  shall  remove  all  wires 
abandoned  for  use ;  shall  suitably  insulate  every  wire 
where  it  enters  a  building,  and  if  such  wire  is  other  than 
a  wire  designed  to  carry  an  electric  light  or  power  current, 
shall  attach  to  it  at  suitable  and  convenient  points  in  the 
circuit,  calculating  to  prevent  danger  from  fire,  and  near 
the  place  of  entering  the  building,  an  apj^liance  calculated 
to  prevent  at  all  times  a  current  of  electricity  of  such 
intensity  or  volume  as  to  be  capa])lc  of  injuring  electrical 
instruments,  or  causing  fire  from  entering  the  building  by 
means  of  such  wire,  beyond  the  ])()int  at  which  such 
appliance  is  attached,  and  shall  suital)ly  insulate  every 
wire  within  a  building  when  such  wire  is  designed  to  carry 
an  electric  light  current. 

Section  2.  Every  ?uch  person  and  corporation  shall 
in  said  town,  within  six  months  after  the  appointment  of 
the  officer  hereinafter  provided  for,  affix  at  the  jioints  of 
support  at  which  any  such  wire  or  cable  containing  wires 
is  attached  a  tag  or  mark  distinctly  designating  the  owner 
or  user  of  such  wire  or  cable.  No  such  tag  or  mark  shall 
be  recjuired  for  the  wires  of  a  stieet  railway  company  used 
for  the  transmission  of  its  motive  })Ower,  nor  for  the  jiro- 
tection  or  support  of  such  wires. 

Section  3.  Said  town  shall,  by  by-law,  designate  or 
provide  for  the  appointment  of  an  officer  who  shall  super- 
vise every  wire  over  streets  or  buildings  in  said  town,  and 
every  wire  within  a  building  when  such  wire  is  designed 
to  carry  an  electric  light  or  power  current ;  shall  notify 
the  person  or  corporation  owning  or  operating  any  such 
wire   whenever   its  attachments,  insulation,    supports  or 


Acts,  1895.  — CnArs.  1G7,  1G8.  175 

appliances  are  unsuitalile  or  unsafe  or  the  tags  or  marks 
thereof  are  insufficient  or  illegible ;  and  shall,  at  the 
expense  of  said  town,  remove  every  wire  abandoned  for 
use  and  every  wire  which  after  the  six  months  aforesaid 
shall  be  unprovided  with  a  tag  or  mark  as  hereinliefore 
required,  such  expense  to  be  repaid  by  the  owner  of  such 
wire  ;  and  shall  see  that  all  laws,  by-laws  and  regulations 
relating  to  such  wires  are  strictly  enforced. 

Sectiox  4.     Said  town  may  recover  in  an  action  of  con-  Town  may 

..,.,,  ,  .  .  1  .         recover  certain 

tract  01  the  person  or  corporation  owning  any  such  wire  expenses  in- 
as  is  hereinbefore  described  any  expense  which  it  may  have  '^""^'^• 
incurred  for  any  removal  thereof. 

Section  5.     Any  court   bavins::  equity  iurisdiction  or  Enforcement  of 

..  .,  (V    .        ,  ..        '--  *    ,  :  provisiouB,  etc. 

any  justice  thereoi,  in  term  time  or  vacation,  may,  on  a 
petition  of  the  officer  designated  or  appointed  as  aforesaid, 
by  any  suitalile  process  or  decree  in  equity,  enforce  the 
provisions  of  this  act,  and  may,  on  such  petition,  issue  an 
injunction  or  other  suitable  process  to  restrain  the  use  or 
maintenance  or  to  cause  the  removal  of  any  wire,  post  or 
other  support  erected,  maintained  or  used  in  violation  of 
this  act. 

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

Approved  March  27,  1895. 


C7iap.l67 


An  Act  to  extend  the  time  for  the  construction  of  the 
worcester  and  siirewsuuky  railroad  across  lake  quinsig- 

AMOND. 

Be  it  enacted,  etc.,  asfolloivs: 

The  provisions  of  chapter  three  hundred  and  sixty-four  Time  extended. 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-two 
are  hereby  extended  for  a  period  of  three  years  from  the 
eleventh   day  of  June  in  the  year  eighteen  hundred  and 
ninety-five.  Approved  March  27,  1895. 


Chap^m 


An  Act  to  incorporate  the  shoe  and  leather  building 

association. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Benjamin  E.  Cole,  William  Claflin,  George  shoe  and 
F.  Putnaui,  Joseph  R.  Leeson  and  George   McConnell,  Iu^aH^^^IL 
their  associates  and  successors,  are  hereby  made  a  cor-  i"'=°''P°''^'^<i- 
poration  hj  the  name  of  the  Shoe   and  Leather  Building 
Association ;   for  the  purpose  of  a-cquiring  the  real  estate 
and  property    of  the   New    England    Shoe    and   Leather 
Association,  or  any  equity  or  equities  therein,  and  for  the 


17G  Acts,  1895.  — Chaps.  1G9,  170. 

purpose  of  promoting  the  aoneral  welfure  of  the  hide  and 
leather  and  I)oot  and  slioe  interestsof  Xew  England  ;  with 
all  the  powers  and  privileges  and  sul)jeet  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  chaj^ter  twelve  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-one, 
and  chapter  ton  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  relating  to  the  New  England  Shoe  and 
J^eather  Association. 
Capital  stock.  SECTION  2.     The  Capital  stoclv  of  such  Corporation  shall 

not  exceed  one  hundred  and  sixty-seven  thousand  dollars, 
which  may  be  paid  in,  in  whole  or  in  part,  by  the  assign- 
ment to  the  cor])oration  of  claims  against  the  New  England 
Shoe  and  Leather  Association,  at  a  fair  and  reasonable 
valuation,  to  be  determined  and  approved  by  the  connuis- 
sioner  of  corporations,  whose  decision  that  such  valuation 
is  fair  and  reasonable  shall  be  final  and  conclusive.  If  the 
commissioner  shall  decide  that  the  fair  and  reasonable 
value  of  the  claims  to  be  assigned  to  the  corporation  in 
payment  for  capital  stock  is  less  than  the  face  thereof,  the 
corporation  may,  with  the  approval  of  the  commissioner, 
fix  its  ca))ital  stock  at  any  amount  less  than  one  hundred 
and  sixty-seven  thousand  dollars. 

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

Approved  March  27^  1895. 

(7^^/79.169  ^^'  Act  to  establish  the  fees  to  be  paid  by  corporations 
for  filing  and  recording  cert.un  certificates. 

Be  it  enacted,  etc.,  as  follows: 

Fees  for  filing         Sectiox  1.     The  fcc  to  be  paid   bv   corporations   for 

ccriaiD  cci  tiu-^_,  ^  ^  ^'  ^ 

cates,  etc.  filmg  and  recordmg  the  certificates  required  by  sections 

fifty-one  and  fifty-two  of  chapter  one  hundred  and  six  of 

the  Public  Statutes  shall  be  one  dollar  for  each  certificate. 

Repeal.  Section  2.     All   acts   and  parts   of  acts   inconsistent 

herewith  are  hereby  repealed. 

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

Approved  March  27^  1895. 


Chap.llO 


An  Act  to  dissolve  the  spencer  co-operative  bank. 
Be  it  enacted,  etc.,  as  follows : 

openah^Bank        Section  1.     The  Spcuccr  Co-operative  Bank  is  hereby 
dissolved.  dissolvcd,  subjcct  to  the  provisions  of  sections  forty-one 

and  forty-two   of  chapter   one    hundred  and  five   of  the 
Pul)lic  Statutes. 

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

Approved  March  27,  1895. 


Acts,  1895.  — Chap.  171.  177 


An  Act  relative  to  annual  returns  of  co-operative  banks,  njffj^  "171 
Be  it  enacted,  etc.,  as  follows: 

Section  two  of  chapter  one  hundred  and  fifty-nine  of  the  isso,  159,  §  2, 
acts  of  the  year  eighteen  hundred  and  eighty-nine  is  ""'^°'''^'^- 
lierehy  amended  by  strilving  out  in  the  second  line,  the 
word  "twenty  ",  and  inserting  in  place  thereof  the  word: 
—  thirty,  —  and  by  adding  at  the  end  of  said  section  the 
following  words  :  —  Such  returns  shall  include  all  sums 
received  and  all  sums  disbursed  up  to  the  close  of  Imsiness 
on  said  day,  except  that  sums  received  for  dues,  interest, 
premiums  and  tines  on  account  of  the  next  monthly  meet- 
ing may  be  omitted.  When  a  report  is  defective  or  ap- 
pears to  be  erroneous,  the  board  shall  notify  the  bank  to 
amend  the  same  within  fifteen  days.  Every  co-operative 
bank  neglecting  to  make  the  return  required  by  this  act 
on  or  before  the  time  named  therein,  or  to  amend  such 
report  within  fifteen  days,  when  notified  by  the  board  so 
to  do,  shall  forfeit  five  dollars  for  each  day's  neglect,  — 
so  as  to  read  as  follows  :  —  Section  2.  Every  co-operative  Annual  returns 
bank  shall  annually  within  thirty  days  after  the  last  l^usi-  banks!^^'"''^^ 
ness  day  of  Octol)er  make  a  return  to  the  commissioners 
of  savings  banks  in  such  form  as  may  be  prescribed  by 
them,  showing  accurately  the  condition  thereof  at  close  of 
business  on  said  day,  which  return  shall  be  signed  and 
sworn  to  by  the  secretary  and  treasurer  of  such  corpora- 
tion. The  president  and  five  or  more  of  the  directors 
shall  certify  and  make  oath  that  the  report  is  correct 
according  to  their  best  knowledge  and  belief.  Such 
returns  shall  include  all  sums  received  and  all  sums  dis- 
bursed up  to  the  close  of  business  on  said  day,  except  that 
sums  received  for  dues,  interest,  premiums  and  fines  on 
account  of  the  next  monthly  meeting  may  be  omitted. 
When  a  report  is  defective  or  appears  to  be  erroneous, 
the  board  shall  notify  the  bank  to  amend  the  same  within 
fifteen  days.  Every  co-operative  bank  neglecting  to  make  Penalty. 
the  return  required  by  this  act  on  or  before  the  time 
named  therein,  or  to  amend  such  report  within  fifteen 
days,  when  notified  by  the  board  so  to  do,  shall  forfeit 
five  dollars  for  each  day's  neglect. 

Approved  March  27,  IS 95. 


178  Acts,  1895.  — Chaps.  172,  173,  174. 


Chcip.1.72  Ak  Act  relative   to  fines  which   mat  be   charged   bt  co- 

OrEUATIVE     BANKS. 

Be  it  enacted^  etc.,  as  follows: 
Fines  on  ehares  Sectiox  1 .  No  member  of  a  co-operative  bank  whose 
banka.  ^^'^'"^^  shares  are  withdrawn,  forfeited  or  retired,  shall  be  charged 
with  tines  upon  such  shares  in  excess  of  the  profits  dis- 
tributed thereto,  and  if  no  profits  shall  have  l)een  dis- 
tributed to  such  shares  no  fines  shall  be  charged  thereon. 
Nothing  herein  contained  shall  prevent  a  borroA,\ing  mem- 
ber being  charged  with  fines  according  to  existing  statutes 
upon  interest  and  premiums  in  arrears. 

Section  2.    This  act  shall  take  efl'ect  upon  its  passage. 

Approved  March  27,  1895. 

Ch(lvA.7S  -^^   -^^^  "^^    PKOmBIT    THE     OBSTRUCTION    OF    HIGHWAYS     BY     THE 
RECEIVERS  AND   ASSIGNEES   OF   RAILROAD   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 
pysfuction  of        j^o  receiver  or  assignee  of  a  railroad  corporation,  nor 
by'raii'roa'd    ''   the  scrvauts  or  agents  of  such  receiver  or  assignee,  shall 
corporatioDB.      ^Yiif\^iiy  ^y  negligently  obstruct  or  unnecessarily  or  un- 
reasonably use  or  occupy  a  highway,  town  way  or  street, 
nor  in  any  case  with  cars  or  engines  for  more  than  five 
minutes  at  one  time  ;  and  whenever  a  highway,  town  way 
or  street  has  l)een  thus  used  or  occupied  with  cars  or 
engines  no  railroad  corporation  shall  again  use  or  occupy 
the  same  with  the  cars  or  engines  of  a  freight  train  until 
a  sufiicient  time,  not  less  than  three  minutes,  has  been 
allowed  for  the  passage  across  the  railroad  of  such  travel- 
lers as  were  ready  and  waiting  to  cross  when  the  former 
Penalty.  occupatiou  ccascd.     For  a  violation  of  the  provisions  of 

this  section  the  corporation,  its  receivers  or  assignees, 
shall  forfeit  one  hundred  dollars. 

Approved  March  27,  1895. 


Chcin.V74:  -^^   ^^^  relative    to    ADDITIONAL    CLERICAL    ASSISTANCE    IN  THE 
'  OFFICE     OF    THE     RE(iISTER    OF    PROBATE    AND    INSOLVENCY   FOR 

THE  COUNTY   OF   ESSEX. 

Be  it  enacted,  etc.,  asfolloivs: 
Additional  Sectiox  1.     The  register  of  probate  and   insolvency 

88*91818006  for  tlic  couutv  of  Essex  shall  be  allowed,  in  addition  to 

the  amount  now  allowed  by  law,  a  sum  not  exceeding 
fifteen  humlrcd  dollars  per  annum,  to  be  so  allowed  from 
the  first  day  of  February  in  the  year  eighteen  hundred 


Acts,  1895.  — Chaps.  175,  176.  179 

and  ninety-five,  for  clerical  assistance  actually  performed, 
to  be  paid  out  of  the  treasury  of  the  Commonwealth  upon 
the  official  certificate  of  the  judge  of  probate  and  insol- 
vency for  said  county. 

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

Approved  March  27,  1895. 

An  Act  to  provide  for  the  appointment  of  a  first  deputy  rjhnj)  1 75 

CONTROLLER  OF  COUNTY  ACCOUNTS.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .    The  controller  of  county  accounts  shall  by  First  deputy 
appointment  designate  one  of  his  deputies  as  first  deputy  coumy  ac-°^ 
controller,  who  shall,  when  by  reason  of  sickness  or  other  me"nt'i*etcf^°'°'' 
cause  the  controller  is  disabled  from  performing  his  official 
duties,  or  a  vacancy  exists  in  said  office,  perform  the  duties 
of  the    same   until   such    disability  is   removed   or   such 
vacancy  is  duly  filled  by  appointment.     The  salary  of  the 
deputy  so  designated  shall  be  eighteen  hundred  dollars  a 
year,  to  be  so  allowed  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-five. 

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

Approved  March  27,  1895. 

An  Act  to  establish  the  fourth  district  court  of  Berkshire.  (JJfnrj  1 TA 
Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     The   towns  of  Adams,  Cheshire,    Savoy  Fourth  District 
and  Windsor  in  the  county  of  Berkshire  shall  constitute  a  Berkshire. 
judicial  district  under  the  jurisdiction  of  a  court  to  be 
called  the  Fourth  District  Court  of  Berkshire.    Said  court 
shall  be  held  in  the  town  of  Adams. 

Section  2.  There  shall  be  one  justice,  two  special  f^"^"^^®- '='^''''' 
justices  and  a  clerk  of  said  court.  The  justice  shall 
receive  an  annual  salary  of  one  thousand  dollars,  and  the 
clerk  an  annual  salary  of  five  hundred  dollars,  to  be  paid 
by  the  county  of  Berkshire.  All  provisions  of  law  appli- 
cable to  district  courts  shall  apply  to  said  court. 

Section  3.     The  first  session  of  said  court  shall  be  held  First  session. 
on  the  first  day  of  July  in  the  year  eighteen  hundred  and 
ninety-five  ;  but  nothing  in  this  act  shall  affect  any  action 
or  proceeding  commenced  prior  to  said  first  day  of  July. 

Section  4.     So  much  of  section  two  of  chapter   one  Repeal, 
hundred  and  fifty-four  of  the  Public  Statutes  as  is  incon- 
sistent herew^ith  is  hereby  repealed. 

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

Apxjroved  March  27,  1895. 


180 


Acts,  1895.  — Chap.  177. 


(JJiar).177  ^^  ^^"^   MAKING   AVPKOPKIATIOXS   FOR   EXPENSES   . 
PRESENT   YEAR   ASSU   FOR   CEHTAIN   OTHER   EXPEJ 


AUTHORIZED   THE 
EXSES   AUTHORIZED 


BY   EAW. 


Appropriations, 


Additional 
pages,  senate 
and  house. 


Report  of 
insurance 
commissioner, 
Part  II. 


Additional 
clerical  and  ex- 
pert assistanl.'j. 


Insurance 

commissioner, 

actuary. 


Report  on 
metropolitan 
water  supply. 


Publication  of 
address  of 
Alfred  S.  Koe. 


Metropolitan 
water  supply, 
expenses. 


State  primary 
Bchool. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  sums  herpinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasuiy  of  the  Com- 
monweaUh  from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  hiw,  to  wit :  — 

For  the  compensation  of  the  six  additional  i:)ages  to  the 
senate  and  house  of  representatives,  authorized  by  chapter 
eleven  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing tAventy-sevcn  hundred  dollars. 

For  printing  additional  copies  of  part  second  of  the 
report  of  the  insurance  commissioner,  as  authorized  by 
chapter  fifty-four  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  two  hundred  and  fifty  dollars. 

For  additional  clerical  and  expert  assistants  in  the  oflice 
of  the  commissioners  of  savings  banks,  as  authorized  by 
chapter  sixty-six  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  twenty-five  hundred  dollars. 

For  the  salary  of  an  actuary  in  the  department  of  the 
insurance  commissioner,  as  authorized  by  chapter  eighty- 
one  of  the  acts  of  the  present  year,  the  sum  of  two 
thousand  dollars. 

For  printing  additional  copies  of  the  report  of  the  state 
board  of  health  upon  the  subject  of  a  metro})olitan  water 
supply,  as  authorized  ])y  chapter  two  of  the  resolves  of 
the  present  year,  a  sura  not  exceeding  forty-two  hundred 
dollars. 

For  the  publication  of  the  historical  address  delivered  in 
the  house  of  reprcsentati\  es  by  Alfred  S.  Koe  of  Worces- 
ter, as  authorized  by  chapter  three  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  one  thousand  dollars. 

For  expenses  in  connection  with  the  continuance  of  the 
investigation  of  the  subject  of  a  metropolitan  water  sup- 
ply for  the  city  of  Boston  and  its  su1)iirbs,  as  authorized 
by  chapter  four  of  the  resolves  of  the  ])resent  year,  a  .-^um 
not  exceeding  twenty-five  hundred  dollars. 

For  payment  of  indel)tedness  incurred  in  building  a 
new  l)arn  and  cow  shed  at  the  State  primary  school  at 
]\Ionson,  as  authorized  by  cha])ter  six  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  four  thousand  six 
hundred  and  fifteen  dollars. 


Acts,  1895.  — Chap.  177.  181 

For  Lemuel  Burr  of  Cambridge,  as  authorized  by  chap-  Lemuel  Burr. 
ter  seven  of  the  resolves  of  the  preseut  year,  the  sum  of 
one  hundred  and  fifty  dollars. 

For  Lavinia  D,  Barliour,  as  authorized  by  chapter  eight  LaviniaD. 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred dollars. 

For  Patrick  S.  Ward  of  Chelmsford,  as  authorized  by  Patricks. 
chapter  nine  of  the  resolves  of  the  present  year,  the  sum 
of  thirty-five  dollars. 

For  the  payment  of  additional  rent  of  a  room  for  storage  Bureau  of 
purposes  for  the  use  of  the  bureau  of  statistics  of  labor,  Lbor!''^*  ° 
as  authorized  by  chapter  eleven  of  the  resolves  of  the 
present  year,  the  sum  of  fifty  dollars. 

For  i)rinting  additional  copies  of  the  report  of  the  com-  Report  of 

,T  1  T  ji'ii  1,         commission 

mission   on  the  unemployed,   as   authorized    by    chapter  on  unemployed. 
thirteen  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  one  thousand  dollars. 

For  the  trustees  of  the  soldiers'  home  in  Massachusetts,  Trustees  of 
as  authorized  by  chapter  fourteen  of  the  resolves  of  the  *    '"  ^ 
present  year,  the  sum  of  thirty  thousand  dollars. 

For  expenses  in  connection  with  the  act  in  relation  to  Licenses  for 

,1  ,.  (•   T  i'        j_i  1         /•  •     J         •       J  •  T  saleof  intoxicau 

the  granting  oi  licenses  tor  the  sale  ot  intoxicating  liquors  ing  liquors. 
in  towns  which  are  summer  resorts,  a  sum  not  exceeding 
three  hundred  dollars. 

For  salary  and  expenses  of  the  fire  marshal  of  the  city  Fire  marshal, 
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  five  thousand  nine  hundred  sixty- 
three  dollars  and  ninety-eight  cents,  which  amount  is  pay- 
able to  the  treasurer  of  the  city  of  Boston. 

For  expenses  in  connection  with  supplying  to  the  Massa-  Report  of 
chusetts  exhibitors  at  the  world's  Columbian  exposition  wori'd'sCoium- 
copies  of  the  report  of  the  board  of  managers,  as  author-  ^'""  exposition. 
ized  by  chapter  sixteen  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  two  hundred  dollars. 

For  small  items  of  expenditure  for  which  no  appropria-  certain  smaii 
tions  have  been  made,  or  for  which  appropriations  have  Ixpeuditure. 
been  exhausted  or  reverted  to  the    treasury  in  previous 
years,  a  sum  not  exceeding  one  thousand  dollars. 

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

App7'oved  March  27,  1895. 


182 


Acts,  1895.  — Chaps.  178,  179,  180. 


Chap.VTS  ^  -^CT  TO  FUUTHER  EXTEND  TUB  TIME  OF  EXEMI'TION  OF  THE 
CITY  OF  BUOCKTON  FROM  THE  OPERATION  OF  AN  ACT  RELATIVE 
TO  THE  LIMIT  OF  THE  MUNICIPAL  DEBT  AND  THE  RATE  OF  TAXA- 
TION IN   CITIES. 

Be  it  enacted,  etc.,  asfolloics: 

Section  1.  The  city  of  Brockton  is  hereby  exempted 
from  the  operation  of  section  one  of  chapter  three  hun- 
dred and  twelve  of  the  acts  of  the  year  eighteen  hundred 
and  eiahty-live  until  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-nine. 

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

Approved  March  27, 1895. 


Time  of  exemp- 
tiou  extended. 


(JJiajy.Yl^  An  Act  relative  to    the   financial   year   in    the    city    of 

CHELSEA. 


1894,  325,  §  35, 
amended. 


Efitimates  for 
the  several 
departments  in 
city  of  Chelsea. 


Be  it  enacted,  etc. ,  as  foUoics : 

Section  1.  Section  thirty-five  of  chapter  three  hun- 
dred and  twenty-five  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  is  hereby  amended  by  striking  out 
in  the  seventh  line,  the  words  "  the  following  February", 
and  inserting  in  place  thereof  the  word  :  — January,  —  so 
as  to  read  as  follows  :  —  Section  So.  The  mayor  shall,  in 
the  month  of  January  of  each  year,  cause  to  be  made  to 
him  by  the  heads  of  departments,  and  by  all  other  officers 
and  boards  having  authority  to  expend  money,  detailed 
estimates  of  the  amounts  deemed  by  them  to  be  necessary 
for  their  respective  departments  for  the  financial  year, 
which  shall  begin  on  the  first  day  of  January,  and  he  shall, 
not  later  than  the  second  week  in  Februarj',  transmit  such 
estimates  to  the  board  of  aldermen,  recommending  ap- 
propriations for  each  department  or  purpose  as  he  shall 
deem  necessary  therefor. 

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

Approved  March  27,  1895. 

Chan  180  ^  ^^^  '^^  authorize  the  COMJHSSIONERS  on  INLAND  FISHERIES 
AND  GAME  TO  LEASE  OYSTER  POND  IN  THE  COUNTY  OF  DUKES 
COUNTY. 

Be  it  enacted,  etc.,  asfolloics: 
May  lease  Section  1.     The    Commissioners    on    inland    fisheries 

Oyster  pond  In  4.  f  4^\  •       ^i  i-  +1 

Dukes  County    and  game,  or  any  two  of  them,  may,  in  the  name  of  tiie 
o7fi^Bh.'^"'°°     Commonwealth,  lease  for  a  term  not  exceeding  twenty 


Acts,  1895.  — Chap.  181.  183 

years,  the  pond  known  as  Oyster  pond,  in  the  county 
of  Dukes  County,  and  any  of  the  arms,  coves  and  bays 
connected  therewith,  for  the  purpose  of  cultivating  useful 
fish,  for  such  periods  of  time  and  on  such  terms  and 
conditions  as  they  may  judge  the  public  interest  to 
require :  provided,  that  nothing  in  this  act  shall  impair  Proviso. 
or  abridge  the  right  of  any  citizen  of  the  Commonwealth 
to  take  tisli  in  said  pond  or  the  waters  connected  there- 
with, by  hook  and  line,  at  such  times  and  under  such 
restrictions  and  limitations  as  are  permitted  under  any 
laws  of  the  Commonwealth  now  or  hereafter  enacted 
relating  to  the  taking  of  fish  by  hook  and  line. 

Section  2.      Before  making   such  lease   the    commis-  To  give  notice 
sioners  shall  appoint  a  time  and  place  for  a  hearing  upon  °    taring. 
the  application  therefor,  and  shall  give  notice  thereof  to 
all  the  towns  within  whose  limits  any  part  of  said  pond 
lies. 

Sectiox  3.     Towns  within  whose  limits  any  part  of  Certain  towns 
said  pond  lies  may,  for  the  purpose  of  cultivating  useful  lease,  etc. 
fish,  under  such  conditions  and  restrictions  as  they  may 
prescribe,    take    a   lease    of  said   pond   and   appropriate 
money  therefor. 

Section  4.     The  commissioners  may  fix  the  limits  of  Limits  of 

•  poud,  etc. 

the  said  pond  and  the  arms,  coves  and  bays  connected 
therewith  ;  which  limits,  being  recorded  in  the  registry  of 
deeds  for  said  county,  shall  be  taken  to  be  the  legal  limits 
thereof  for  all  the  purposes  of  this  act. 

Section  5.  The  commissioners  shall  have  the  custody  custody  of 
of  all  leases  made  under  the  provisions  of  this  act,  and  ®''^^*'®''=- 
may  cause  any  agreements,  rights,  reservations,  forfeitures 
and  conditions  therein  contained  to  be  enforced,  and  for 
that  purpose  may  institute  proceedings  in  the  name  of  the 
Commonwealth,  and  may  take  possession  of  any  premises 
for  breach  of  conditions  of  said  lease,  and  after  revesting 
the  Commonwealth  therewith  may  again  lease  the  same. 

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

A2)proved  March  27,  1895. 

An  Act  requiring  school  committees  to  furnish  the  public  (^TtQ/n  IQI 
SCHOOLS  with  national  flags.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  It  shall  be  the  duty  of  the  school  com-  Public  schoou 
mittees  in  the  several  cities  and  towns  of  the  Common-  with  unued  ^ 
wealth  to  provide  for  each  schoolhouse  in  which  public  ®"''**  ^^^^'  ^^' 


184  Acts,  1895.  — Chaps.  182,  183. 

schools  are  maintained  within  their  respective  cities  and 
towns  not  ()th(>r\\  ise  supplied,  a  United  States  fla<r  of  silk 
or  Imntinir,  not  less  than  four  feet  in  lensth,  and  a  suitable 
flagstatf  or  other  apparatus  thereby  such  flag  may  be  dis- 
played on  the  schoolhouse  grounds  or  schoolhouse  build- 
ings every  school  day,  when  the  weather  will  permit,  and 
on  the  inside  of  the  schoolhouse  on  other  school  days. 
To  take  effect         SECTION  2.     Tliis  act  shall  take  cflcct  on  tho  flrst  dav 

Beptember  /.-,  i  •         i  -     i  ^  t        i  t        •  " 

1,1895.  of  September  m  the  year  eighteen  hundred  and  ninety- 

five.  Approved  March  27,  1895. 

Cha7}.\82  An  Act  to  locate  and  defink  the  boundary  line  between 

THE   T0A\'NS   of   MELROSE   AND   STONEHAM. 

Be  it  enacted,  etc.,  as  follows : 

Boundary  line  SECTION  1.  The  commissioncrs  on  the  topoijraphical 
Melrose  and  survcy  and  map  of  Massachusetts,  after  hearing  parties 
definedntc"  ^  interested,  upon  proper  notice,  are  hereby  authorized  and 
directed  to  locate  and  define  the  true  boundary  line  be- 
tween the  town  of  Melrose  and  the  town  of  Stoneham,  as 
established  by  chapter  forty-five  of  the  acts  of  the  year 
eisrhteeu  hundred  and  fiftv-three  and  by  other  statutes  now 
in  force  in  relation  thereto,  and  to  mark  said  boundary 
line  by  appropriate  monuments.  The  boundary  line  thus 
located  and  defined  shall  be  tlie  true  and  correct  boundary 
line  between  said  towns  of  ]\Iclrose  and  Stoneham. 

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

Approved  March  27,  1895. 


Chap.lSS  An  Act  to  au 


nioKizE  the  sale  of  estates  subject  to  re- 
mainder. 


Be  it  enacted,  etc.,  as  folloios : 
Real  estate  Sectiox  1.     Whcu  Tcal  cstatc  is  subicct  to  a  vested 

subject  to  vested  •      t  ,i  •      t    •    i  j  ^i  j^' 

remainder  may  remainder  thc  supreuic  judicial  court  may,  upon  the  peti- 
be  Bold,  etc.  ^.^^  ^^  ^^^^,  pcrsoii  who  lias  either  an  estate  in  possession 
or  the  remainder  in  such  real  estate,  and  after  notice  and 
other  proceedings  as  hereinafter  required,  appoint  one  or 
more  trustees,  and  authorize  him  or  them  to  sell  and  con- 
vey such  estate,  or  any  i)art  thereof,  in  fee  simple,  if  such 
sale  and  conveyance  appear  to  the  court  to  be  necessary 
or  expedient ;  and  such  conveyance  shall  be  valid  and 
binding  uj)on  all  persons. 
p.  8. 120,  §§  20,  Section-  2.  The  provisions  of  sections  twenty  and 
twenty-one  of  chapter  one  hundred  and  twenty  of  the 
Pul)lic  Statutes  shall  apply  to  all  petitions  and  sales  under 
the  preceding  section.  Approved  March  27,  1895. 


Acts,  1895.  — Chaps.  184,  185,  186.  185 

An  Act  to  mcoRPORATE  thf  pynchon  safe  deposit  axd  trust  (7^^7).184 

COMPANY. 

Be  it  enacted^  etc.,  as  follows  : 

Section   1.     Edward  P.   Chapin,    AVilliam  H.   Haile,  ^y"*"^,""  l^''® 
H.  Curtis  Rowley,  George  R.  Bond,  Charles  C.  Lewis,  Trustcompany 
James  T.  Abbe,   James  E.  Chapin,   John  S.  Sanderson  '°<=<"'p°''^*<^'^- 
and  Homer   Foot,    their   associates   and   successors,   are 
hereby  made  a  corporation  by  the  name  of  the  Pynchon 
Safe  Deposit  and  Trust  Companj^  with  authority  to  es- 
tablish and  maintain  a  safe  deposit,  loan  and  trust  com- 
pany in  the  city  of  Springfield ;  with  all  the  pow^ers  and 
privileges  and  subject  to  all  the  duties,  liabilities  and  re- 
strictions set  foi-th  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations. 

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

Apjoroved  March  27,  1895. 

An  Act  to  authorize  the  city  of  boston  to  abate  a  portion  (JJici,j),\S5 

OF  the  betterments  made  on  account  of  the  laying  out 

of   JAMAICA   PARK   AND   ARBORWAY'. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  city  of  Boston  may  at  any  time  within  Portion  of 
two  years  from  the  passage  of  this  act  authorize  the  board  betterments 
of  park  commissioners  of  said  city  to  abate  such  propor-  ™^^  ^®  abated. 
tion  of  any  assessment  for  a  betterment  made  on  account 
of  the  laying  out  of  the  parkways  known  as  Jamaica  park 
and  arborway,  or  either  of  them,  as  said  board  shall  deem 
just  and  expedient,  and  may  authorize  the  treasurer  of  said 
city  to  repay  the  proportion  of  any  assessment  which  is 
paid  into  the  city  treasury,  as  said  board  of  park  commis- 
sioners shall  approve.     The  expenses  incurred  under  this 
act  shall  be  charged  to  the  appropriation  for  the  park 
department  of  said  city. 

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

Ajyproved  3Iarch  27,  1895. 


Chap.im 


An  Act  relative  to  the  watering  of  streets  in  toa\'ns. 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Any  town  the  population  of  which  exceeds  certain  towns 
three  thousand,  which  shall  adopt  the  provisions  of  this  for  watering 
act  at  its  annual  town  meeting  or  at  a  special  meeting  ^'''®^'*'  ® 
called  for  said   purpose,  may  annually  appropriate  and 
expend  money  for  watering  its  public  streets,  and  may 


186 


Acts,  1895.  — Chap.  187. 


provide  that  its  ])oard  of  assessors  may  assess  upon  the 
estates  abutting  on  the  streets  so  watered  the  whole  or 
any  i)orti()U  of  the  cost  of  such  watering  ;  and  the  amount 
of  such  assessments  upon  each  estate,  unless  previously 
paid,  shall  be  certified  by  such  board  of  assessors  to  the 
collectt)r  of  taxes  of  the  town,  who  shall  include  the  same 
in  the  next  tax  bill  issued  for  an  annual  tax  upon  such 
estate,  and  the  same  shall  be  a  lien  upon  such  estate,  and 
shall  be  considered  as  constituting  a  part  of,  and  shall  be 
levied,  collected  and  paid  or  abated  in  the  same  manner 
as  the  town  taxes  on  real  estate. 

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

Approved  March  27^  1895. 


Board  of  Police, 
city  of  Lowell. 


(JJiap.lS7  ^^  ^^'^  "^^  PLACE  THE  CONTROL  OF  THE  POLICE  FORCE  OF  THE 
CITY  OF  LOWELL  UNDER  THE  LICENSE  COMMISSION  OF  SAID  CITV 
AND   TO   CHANGE  THE   NAME   OF   SAID   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  the  powers  and  duties  noAV  vested  in 
and  exercised  by  the  mayor  and  city  council  of  the  city  of 
Lowell,  with  respect  to  the  control  of  the  police  force  in 
said  city,  are  hereby  transferred  to  and  vested  in  the  license 
commission  of  said  city,  except  as  hereinafter  provided. 
And  said  license  commission  shall  hereafter  be  designated 
and  known  as  The  Board  of  Police  of  the  City  of  Lowell. 
The  members  of  the  present  license  commission  shall 
remain  in  office  as  members  of  said  board  of  police  unless 
removed  by  the  mayor  for  incapacity,  malfeasance  or 
neglect  of  duty. 

Section  2.  So  much  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  as  provides  that  the  powers,  duties  and  salaries 
of  said  boards  of  license  commissioners  shall  cease  from 
and  after  the  first  Monday  in  June  following  any  annual 
municipal  election  in  any  city  which  has  not  voted  to 
authorize  the  jjranting  of  licenses  for  the  sale  of  intoxi- 
eating  liquor,  shall  not  apply  to  the  city  of  Lowell,  and 
said  board  of  police  shall  remain  in  continuous  service 
without  reference  to  the  vote  of  the  city  on  the  question 
of  granting  licenses  for  the  sale  of  intoxicating  liquors. 

Section  3.  Said  board  of  police,  in  addition  to  its 
present  powers  and  duties  shall  have  authority  to  appoint, 
establish  and  organize  the  ])olice  force  in  said  city  of 
Lowell,  and  make  all  needful  rules  and  regulations  for  its 
efficiency. 


To  continue  in 
office  without 
reference  to 
vote  of  city  on 
license  quention, 


Organization, 
etc.,  of  police 
foFce. 


Acts,  1895.  — Chap.  187.  187 

Section  4.     The  members  of  the  Lowell  police  force  in  Members  of 
office  at  the  time  of  the  passage  of  this  act  shall  continue  conunuein 
to  hold  their  several  offices  until  removed  or  placed  upon  °®'^®'  ®"'" 
the  retired  list  by  said  board  of  police,  and  the  present 
rules  and  regulations  of  the  board  of  aldermen  for  the 
government  of  the  police  force  shall  continue  in  force  until 
otherwise  ordered  by  said  board  of  police. 

Section  5 .  The  annual  salary  of  the  chairman  of  said  salaries,  etc. 
board  of  police  shall  not  be  less  than  six  hundred  dollars 
per  annum,  and  that  of  the  other  members  thereof  not  less 
than  five  hundred  dollars  per  annum.  The  city  of  Lowell 
shall  provide  all  such  suitable  accommodations  for  the 
police  of  said  city  as  said  board  of  police  shall  require, 
and  all  buildings  and  property  used  by  said  board  shall 
be  under  the  control  of  said  board.  All  expenses  for  the  Expenses. 
maintenance  of  buildings  used  by  the  police  force,  and  all 
incidental  expenses  incurred  in  the  administration  of  said 
police,  shall  be  paid  by  the  city  of  Lowell,  upon  the 
requisition  of  said  board. 

Section  6.     Said  board  shall  not  appoint  any  larger  ^'um^er  of 
numl)er  of  patrolmen  than  the  board  of  mayor  and  alder-  ^^  ^°  "^"'  ^"^' 
men  are  now  authorized  to  appoint,  nor  shall  the  pay  of 
the  police  be  increased  or  diminished  except  by  the  con- 
current action  of  the  city  council  and  said  board  of  police. 

Section  7.  Said  board  of  police  may  appoint  a  clerk,  cierk,  appoint 
who  shall  be  sworn,  and  shall  keep  a  record  of  all  proceed-  ^  >  «  ™>  « <= 
ings,  issue  all  notices  and  attest  all  such  papers  and  orders 
as  said  board  shall  direct.  His  term  of  office  shall  be  six 
years  but  he  may  be  removed  by  said  board  for  such  cause 
as  it  shall  deem  sufficient  and  shall  express  in  the  order 
of  removal.  The  salary  of  said  clerk  shall  be  not  less 
than  live  hundred  dollars  per  annum. 

Section  8.     Nothing  herein  shall  affect  the  enforcement  civii  service 
of  the  provisions  of  chapter  three  hundred  and  twenty  of  affected. 
the  acts  of  the  year  eighteen  hundred  and  eighty-four, 
being  an  act  to  improve  the  civil  service  of  the  Common- 
wealth and  the  cities  thereof,  nor  the  rules  made  by  the 
commissioners  appointed  thereunder. 

Section  9.     Said  board  of  police  shall  make  a  detailed  To  make 
report  of  its  doings  quarterly  to  the  mayor  of  said  city  of  uj^mayor."^*^""^ 
Lowell. 

Section  10.     Vacancies  hereafter  occurring  in  the  mem-  vacancies,  etc. 
bership  of  said  board  of  police  by  expiration  of  terms  of 
office  or  otherwise,  shall  be  filled  by  appointment  by  the 
mayor  of  said  city.     The  members  of  said  board  of  police 


188  Acts,  1895.  —  Chaps.  188,  189. 

may  be  removed  liy  said  mayor,  after  hearing,  for  mal- 
feasance, incapacity  or  neglect  of  duty. 
Repeal.  SECTION  11.     All  acts   and  parts  of  acts  inconsifStent 

with  this  act  are  hereby  repealed. 

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

Approved  March  28,  1895. 

(7^tt^.l88  An  Act  to  authorize  the  amekican  initariax  association  to 

HOLD   ADDITIONAL   REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
^f.yhoid  Section    1.     The    American   Unitarian  Association   is 

aiiditional  real  i         •         i       /•  i 

aud  pergonal  hcrcb}^  autliorizcd,  tor  the  purposes  set  forth  in  its  act 
of  incorporation,  to  hold  real  and  personal  estate  to  an 
amount  not  exceeding  four  hundred  thousand  dollars  in 
addition  to  the  amount  now  authorized  In'  law. 

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

Approved  March  28,  1895. 

C7l(lV»^8Q  ^  -^*^^  '^^^  AUTHORIZE  THE  QUINCY  QUARRY  COMPANY  TO  CON- 
STRUCT A  RAILROAD  IN  THE  CITY  OF  QUINCY  TO  TRANSPORT 
GRANITE  ANT>   OTHER   COMMODITIES. 

Be  it  enacted,  etc.,  as  folloivs: 
May  locate,  SECTION  1.     The  Quincv  Quarrv  Companv  mav  locatc, 

construct,  etc.,  a  ,  ,  •    j_    •  ij.  mi-^i" 

Bteam  railroad,  coHstruct,  maintain  and  0|)erate  a  railroad  witli  one  or 
more  tracks,  to  be  operated  by  steam,  to  transport  granite 
and  other  commodities  from  a  convenient  point  at  or  near 
the  Quincy  Adams  station  of  the  Old  Colony  division  of 
the  New  York,  Xew  Haven  and  Hartford  Railroad  Com- 
pany to  the  (juarries  and  ledges  located  on  the  North 
Commons,  so-called,  in  the  city  of  Quincy,  subject  to  the 
provisions  of  this  act. 
ThecroB8ing  SECTION  2.     Said   railroad   shall    not    be    constructed 

high"vaj°8,  etc.,    aci'oss  or  upoii  any  highway,  town  way  or  travelled  places 
regulated.  witliout  the  consciit  of  the  mayor  and  council  of  the  city 

of  Quinc}' ,  nor  except  in  a  manner  approved  l)y  them. 
If  such  assent  shall  be  oljtained  they  shall  from  time  to 
time  make  such  regulations  in  regard  to  the  rate  of  speed 
to  be  run,  the  time  and  manner  of  using  the  railroad  over 
and  upon  such  ways  or  places,  as  in  their  judgment  public 
safety  and  convenience  require  ;  and  they  may  order  such 
changes  to  be  made  in  the  track  as  are  rendered  necessary 
by  the  alteration  or  repair  of  such  railroad.  The  provi- 
sions of  all  general  laws  which  now  are  or  hereafter  may 
be  in  force  concerning  railroad  corporations,  relative  to 


Acts,  1895.  — Chap.  190.  189 

the  crossing  and  use  of  ways  and  travelled  places,  shall 
apply  to  such  railroad  and  to  the  Quincy  Quarry  Company. 

Sectiox  o.     Said  quarry  comi^any  may  locate,  construct  l^^y  take  and 

,  ,       .,  •!  1        •"ji     -j^  ^'       J     *^     I  /        1  1   bold  necessary 

and  operate  its  railroad  with  its  mam  track  or  tracks  and  real  estate,  etc. 

necessary  sidings  and  spur  tracks  over  the  route  to  be 

determined  upon  in  the  manner  prescribed  by  the  general 

laws  relating  to  railroads  ;  and  for  said  purpose  may  take 

and  hold  by  purchase  or  otherwise  all  necessary  real  estate. 

All  the  provisions  of  chapter  one  hundred  and  twelve  of  p- 8.112,  etc., 

the  Public  Statutes  and  acts  in  amendment  thereof  and  in 

addition  thereto  shall  applj'  to  said  railroad,  so  far  as  such 

provisions  relate  to  the  location,  construction,  maintaining 

and  operation  of  railroads  for  the  transportation  of  freight 

and  other  commodities. 

Sectiox  4.     Said  quarry  company  may  unite  its  tracks  :iray  unite  its 
with  those  of  the  Xew  York,  Kew  Haven  and  Hartford  tho^se^oTisrew 
Eailroad  Compan\-,  with  the  consent  of  the  latter,  and  Havei^ul 
enter  into  contracts  with  the  said  JS'ew  York,  New  Haven  ^^d^etc  '^'^''" 
and  Hartford  Eailroad  Company  to  transport  freight  upon 
and  over  the  route  of  the  Quinc}^  Quarry  Company,  upon 
such  terms  and  conditions  as  may  be  agreed  upon  by  the 
directors  of  each  corporation. 

Sectiox  5.  Said  corporation,  in  order  to  pay  for  the  May  issue 
construction  and  equipment  of  said  railroad  may,  by  vote  bondl^ltc. 
of  its  stockholders  at  a  meeting  duly  called  for  the  pur- 
pose, issue  bonds  for  the  payment  of  money  to  be  borrowed 
for  such  purpose,  and  may  mortgage  or  pledge  as  security 
for  the  payment  of  said  bonds  a  part  or  all  of  its  property, 
real  or  personal.  And  in  all  respects  such  bonds  shall 
conform  and  be  subject  to,  and  said  Quincy  Quarry  Com- 
pany shall  issue  the  same  in  conformity  with,  all  laws 
authorizing  and  regulating  the  issue  of  bonds  hy  railroad 
companies. 

Section  6.     Said  railroad  shall  be  located  within  one  Time  of 
year  and  constructed  within  three  years  from  the  date  of  coTs'tractTon. 
the  passage  of  this  act. 

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

Ax^proved  March  28,  lS9o. 


Chap.190 


An  Act  kelative  to  mutual  fike  rs^suRANCE  companies  with 
A  guaranty  capital. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1 .     A  mutual  fire  insurance  company  may  be  Guaranty  capi- 
formed  with,   or  a  mutual  fire  insurance  company  now  fiie°in8u'rance 

companies. 


190  Acts,  1895.  — Chap.  190. 

existing  may  estal)lish,  a  guaranty  capital  of  not  less  than 
twenty-five  thousand  dollars  nor  more  than  two  hundred 
thousand  dollars,  divided  into  shares  of  one  hundred  dol- 
lars each,  which  shall  be  invested  in  the  same  manner  as 
is  provided  for  the  investment  of  the  capital  stock  of 
certain  insurance  companies  by  section  thirty-four  of 
chapter  five  hundred  and  twenty-two  of  the  acts  of  the 
What  dividends  year  ei2:hteen  hundred  and  ninetv-four.  The  stockholders 
are  entitled  to,  oi  tile  guaranty  ca])ital  oi  a  company,  acquired  under  the 
provisions  of  the  Public  Statutes  of  this  Commonwealth, 
or  of  any  acts  subsequent  thereto,  shall  be  entitled  to  a 
semi-annual  dividend  of  not  more  than  three  and  one  half 
per  cent,  on  their  respective  shares  if  the  net  profits  or 
unused  premiums  left  after  all  expenses,  losses  and  liabili- 
ties then  incurred,  together  with  the  reserve  for  reinsurance, 
are  provided  for,  shall  be  sufiacient  to  pay  the  same.  The 
When  guaranty  guaranty  Capital  shall  be  applied  to  the  payment  of  losses 
for  losses,  etc.  ouly  whcii  tlic  company  has  exhausted  its  cash  in  hand  and 
the  invested  assets,  exclusive  of  uncollected  premiums, 
and  when  thus  impaired,  the  directors  may  make  good  the 
whole  or  any  part  of  it  by  assessments  upon  the  contingent 
funds  of  the  company  at  the  date  of  such  impairment, 
hdfd'prsind"^'^'  Shareholders  and  memliers  of  such  companies  shall  be 
™ot™^e^t"'''  subject  to  the  same  provisions  of  law  in  respect  to  their 
right  to  vote  as  apply  respectively  to  shareholders  in 
stock  companies  and  policy  holders  in  jiurely  nuitual  com- 
panies ;  and  said  guaranty  capital  shall  be  retiied  when 
the  permanent  fund  of  the  company  ecjuals  two  per  cent, 
of  the  amount  insured  upon  all  policies  in  force  ;  and  said 
guaranty  capital  may  be  reduced  or  retired  by  vote  of 
the  policy  holders  of  the  company  and  the  assent  of  the 
insurance  commissioner,  provided  the  net  assets  of  the 
company  above  its  reinsurance  reserve  and  all  other  claims 
and  obligations,  exclusive  of  guaranty  ca])ital,  for  two 
years  immediately  preceding  and  including  the  date  of  its 
last  annual  statement,  shall  be  not  less  than  twenty-five 
Notice  of  reduc  per  ccut.  of  the  guaranty  capital.  Due  notice  of  such 
guaranty  c^ipitai  j)roposed  actiou  ou  the  part  of  the  company  shall  be  mailed 
to  be  given,  etc.  |^  ^^^.y^  policy  holdcr  of  thc  coiiipaiiy  not  less  than  thirty 
days  before  the  meeting  when  such  action  may  ])e  taken, 
and  shall  also  be  advertised  in  two  ])apers  of  genei-al  cir- 
culation ajiproved  by  the  insurance  commissioner,  not 
less  than  three  times  a  week  for  a  period  of  not  less  than 
four  weeks  before  said  meeting.  jS'o  insurance  company 
with  a  guaranty  capital,  which  has  ceased  to  do  new  busi- 


Acts,  1895.  — Chap,  191.  191 

ness,  shall  divide  to  its  stockholders  any  part  of  its  assets 
or  guaranty  capital  except  income  from  investments  until 
it  shall  have  performed  or  cancelled  its  policy  oblio^ations. 

Section  2.     Section  forty-two  of  chapter  five  hundred  Repeal. 
and  twenty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  repealed. 

AjyjJroved  March  28^  1895. 

An  Act  to  supply  the  town  op  hatfield  with  water.        Char)  191 
Be  it  enacted^  etc.,  as  follows: 

Section  1.     The  town  of  Hatfield  may  supply  itself  j^^^town^of'^-^ 
and  its  inhabitants  with  water  for  the  extinguishment  of  Hatdeid. 
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. 

Section  2.  Said  town,  for  the  purposes  aforesaid,  ^afers'^etc^"*^^' 
may  take  by  purchase  or  otherwise,  and  hold  the  waters 
of  Running  Gutter  brook,  in  said  town  of  Hatfield,  and 
the  w^aters  which  flow  into  and  from  the  same,  together 
with  any  water  rights  connected  therewith,  and  also  all 
lands,  rights  of  way  and  easements  necessary  for  holding, 
storing  and  preserving  such  water  and  for  conveying  the 
same  to  any  part  of  said  town  of  Hatfield,  and  for  con- 
structing and  maintaining  ponds  ;  and  may  erect  on  the 
land  thus  taken,  purchased  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  eflective 
water  works ;  and  may  construct  and  lay  conduits,  pipes 
and  other  works,  under  or  over  any  lands,  water  courses, 
railroads  or  public  or  private  ways,  and  along  any  such 
ways  in  such  manner  as  not  unnecessarily  to  obstruct  the 
same ;  and  for  the  purpose  of  constructing,  maintaining  May  dig  up 
and  repairing  such  conduits,  pipes  and  other  works,  and  u'^n'der  direction 
for  all  proper  purposes  of  this  act,  said  town  may  dig  up  °f  «'^'<^'=""^'^- 
any  such  lands,  and,  under  the  direction  of  the  board  of 
selectmen  of  the  town  in  which  any  such  ways  are  situ- 
ated, may  enter  upon  and  dig  up  any  such  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel  on 
such  ways. 

Section  3.     Said  town  shall  within  sixty  days  after  the  Deecripuon  of 
taking  of  any  lands,  rights  of  wa^^,  water  rights,  w^ater  recorded.' 


192 


Acts,  1895.  — Chap.  191. 


Damages. 


Hatfield  Water 
Loan. 


Sinking  fund. 


sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, tile  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  within  which  such  lands  or  other  property 
are  situated  a  description  thereof  sutiiciently  accurate  for 
identitication,  with  a  statement  of  the  purposes  for  which 
the  same  were  taken  and  the  damages  awarded  to  each 
person  or  corporation,  signed  by  the  water  commissioners 
hereinafter  provided  for. 

Sectiox  4.  Said  town  shall  pay  all  damages  sustained 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  land,  right  of  way,  water,  water  source,  water  right 
or  casement,  or  ])y  any  other  thing  done  by  said  town 
under  the  authority  of  this  act.  Any  person  or  corpora- 
tion sustaining  damages  as  aforesaid  under  this  act,  who 
fails  to  agree  with  said  town  as  to  the  amount  of  damages 
sustained,  or  who  is  aggrieved  by  the  doings  of  the  com- 
mission, 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  yesus  from  the  taking  of  such  land  or 
other  property  or  the  doing  of  other  injury  under  the  au- 
thority of  this  act ;  but  no  such  application  shall  be  made 
after  the  expiration  of  said  three  years.  Ko  application 
for  assessment  of  damages  shall  be  made  for  the  taking  of 
any  water,  water  rights,  or  for  an}-  injury  thereto,  until 
the  water  is  actuall}^  withdrawn  or  diAerted  by  said  town 
under  the  authority  of  this  act. 

Sectiox  5.  Said  town  may,  for  the  purpose  of  paying 
the  necessary  expenses  and  liabilities  incurred  under  the 
provisions  of  this  act,  issue  from  time  to  time  bonds,  notes 
or  scrip,  to  an  amount  not  exceeding  in  the  aggregate 
thirty-five  thousand  dollars ;  such  bonds,  notes  and  t>crip 
shall  bear  on  their  face  the  words,  Hatfield  "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  cent, 
per  annum  and  shall  be  signed  by  the  treasurer  and  coun- 
tersigned by  the  selectmen  of  the  town.  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  projier. 
Said  town  shall  pay  the  interest  on  said  loan  as  it  accrues 
and  shall  i)rovide  at  the  time  of  contracting  said  loan  for 
the  establishment  of  a  sinking  fund,  and  shall  annually 
contribute  to  such  fund  a  sum  sufficient  with  the  accumu- 


Acts,  1895.  — Chap.  191.  193 

lations  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. 

Section  G.  Said  town  instead  of  establishing  a  sinking  May  provide 
fiind  ma}'  at  the  time  of  authorizing  said  loan  provide  for  mems^Jn  loan^ 
the  payment  thereof  in  such  annual  proportionate  payments 
as  will  extinguish  the  same  within  the  time  prescribed  in 
this  act ;  and  when  such  vote  has  been  passed  the  amount 
required  thereby  shall  without  further  vote  be  assessed  by 
the  assessors  of  said  town  in  each  year  thereafter  until  the 
debt  incurred  by  said  town  shall  be  extinguished,  in  the 
same  manner  as  other  taxes  are  assessed  under  the  provi- 
sions of  section  thirty-four  of  chapter  eleven  of  the  Public 
Statutes. 

Sectiox  7,  The  return  required  by  section  ninety-one  Return  to  state 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  fn"g°fund°  etc" 
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  there- 
under for  the  current  year. 

Section  8.  Said  town  shall  raise  annually  b}' taxation  Payment  of 
a  sum  which  with  the  income  derived  from  the  water  rates  ^^p®"**^®' 
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  l)y  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.     Said  town  may  contract  with  any  person  Purchase,  etc., 

,.  T  ,  "^         .     ,  ,    .  ".of  property. 

or  corporation,  and  purchase  any  interest  in  any  property 
which  may  be  deemed  necessary  to  carry  out  the  purposes 
of  this  act,  and  hold  such  interest  and  property. 

Section  10.  Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  wate^etc°.° 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority  of 
this  act,  shall  forfeit  and  pay  to  said  town  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  in  an 
action  of  tort ;  and  whoever  is  convicted  of  any  of  the  said 
wilful  or  wanton  acts  shall  be  punished  by  a  fine  of  five 
hundred  dollars  or  by  imprisonment  for  a  term  not  exceed- 
ing two  years,  or  by  both  such  fine  and  imprisonment. 

Section  11.     Said  town  shall,  after  its  accei)tance  of  ^mmiggioners, 
this  act,  at  any  legal  meeting  called  for  the  purpose  elect  election,  terms, 


194 


Acts,  1895.  — Chap.  192. 


Water 

commissioners, 
election,  terms, 
etc. 


Vacancy, 


To  have  charcc 
of  water  worUs, 
etc. 


"When  to  take 
effect. 


Chap.l^'^ 


■Water  supply 
for  town  of 
Paxton. 


by  ballot  three  persons,  leiral  voters  of  said  town,  to  be 
the  board  of  water  commissioners,  to  serve  one  for  three 
years,  one  for  two  years  and  one  for  one  year  from  the  first 
day  of  ]\Iay  then  next  ensuini>-,  and  from  the  time  of  tiicir 
election  to  the  first  day  of  said  ]May ;  and  thereafter  the 
town  shall  annually  elect  in  the  same  manner  one  person 
to  serve  on  said  board  for  the  term  of  three  years.  Before 
entering  upon  their  duties  said  commissioners  shall  be 
sworn  to  the  faithful  performance  thereof.  All  of  said 
commissioners  shall  serve  until  their  successors  are  elected 
and  qualified.  All  the  authority  granted  to  said  town  })y 
this  act  and  not  otherwise  especially  provided  for  shall  be 
vested  in  said  board  of  water  counnissioncrs,  who  shall  be 
su])je(t  however  to  such  instructions,  rules  and  regulations 
as  said  town  may  from  time  to  time  impose  by  its  vote, 
within  the  scope  of  its  authority.  Any  vacancy  occurring 
in  said  board  from  any  cause  may  be  filled  temporarily  by 
a  majority  vote  of  the  selectmen  of  said  town.  Such  per- 
son so  selected  shall  hold  the  ofiice  until  the  town  fills  the 
vacancy  by  ballot  in  the  usual  manner,  which  it  may  do  at 
any  special  or  annual  town  meeting  duly  warned  for  the 
])urpose.  A  majority  of  said  commissi,oners  shall  consti- 
tute a  quorum  for  the  transaction  of  any  business. 

Skction  12.  Said  commissioners  shall  have  the  charge 
of  all  the  system  of  water  works  in  said  town,  as  aforesaid, 
and  all  matters  pertaining  thereto ;  but  no  contract  shall 
be  made  by  said  commissioners  which  shall  require  the 
payment  of  money  not  provided  by  the  town,  or  other- 
wise, for  the  purpose  before  the  making  of  such  contract. 
The  lawful  contracts  of  said  commissioners  shall  be  the 
contracts  of  said  town. 

Section  IS.  This  act  shall  take  eff*ect  upon  its  accept- 
ance ])y  a  two  thirds  vote  of  the  voters  of  said  town  present 
and  voting  thereon  by  ballot,  as  provided  by  law,  at  a  legal 
town  meeting  called  for  the  purpose  within  five  years  from 
its  passage  ;  but  the  num])er  of  meetings  so  called  in  any 
year  shall  not  exceed  three.  The  ])olls  shall  be  kept  open 
from  twelve  o'clock  at  noon  until  four  o'clock  in  the  after- 
noon. Approved  March  30,  1895. 

Ax  Act  to  supply  the  town  of  paxton  "\^^TH  water. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Paxton  may  supply  itself  and 
its  inhabitants  with  water  for  the  extinguishing  of  fires  and 


Acts,  1895.  — Chap.  192.  195 

for  domestic  and  other  purposes ;  may  establish  fountains 
and  hydrants  and  relocate  and  discontinue  the  same,  and 
may  reg-ulate  the  use  of  such  water  and  iix  and  collect  rates 
to  be  })aid  for  the  use  of  the  same. 

Section  2.     The  said  town,  for  the  purposes  aforesaid,  Jfndirwlterf'^ 
and  for  the  purpose  of  obtaining  a  supply  of  water,  may  etc. 
draw  and  convey  directly  from  Asneybumskeit  pond,  sit- 
uated in  the  town  of  Paxton,  so  much  of  the  waters  thereof 
and  the  waters  that  flow  into  and  from  the  same  as  it  may 
require ;  and  it  may  take  by  purchase  or  otherwise  and 
hold  any  water  rights  connected  with  said  pond,  and  any 
springs  and  streams  tributary  thereto,  and  the  water  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  of  Paxton  ;  and  may  erect  upon  the  land  ^fifj^ngg'  i^jr 
thus  taken  or  held  proper  dams,  reservoirs,  buildings,  fix-  down  pipes,  etc. 
tures  or  other  structures,  and  may  make  excavations,  pro- 
cure and  operate  machinery  and  jirovide  such  other  means 
and  appliances  as  may  be  necessary  for  the  establishment 
and  maintenance  of  complete  and  elective  water  works  ;  and 
may  construct  and  lay  down  conduits,  pipes  and  other 
works,    under   or   over   lands,   water   courses,  railroads, 
public  or  private  ways,  and  along  any  such  way  in  such 
manner  as  when  completed  not  unnecessarily  to  obstruct 
the  same;  and  for  the  purpose  of  constructing,  maintain-  May  dig  up 
lug  and  repairing  such  conduits,  pipes  and  other  works,  irmier  dlreotioa 
and  for  all  proper  purposes  of  this  act,  said  town  may  dig  °f  "^^'ectmen. 
up,  raise  and  embank  any  such  lands  or  ways,  under  the 
direction  of  the  board  of  selectmen  of  the  town  in  which 
such  ways  are  situated,  in  such  manner  as  to  cause  the 
least  hindrance  to  public  travel  on  such  ways :  ijrovkled,  ^'''oviso. 
hoioever,   that  there   shall  be  reserved  from  said   waters 
sufiicient  for  the  town  of  Leicester  to  supply  itself  and 
its  inha])itants  with  water  for  the  extinguishment  of  fires, 
for  domestic  and  other  purposes  whenever  the  legislature 
shall  grant  to  said  town  of  Leicester  the  right  to  take  water 
from  Asneybumskeit  pond. 

Sectiox  3.     Said  town  of  Paxton  shall  within  ninety  Description  of 
days  after  the  taking  of  any  lands,  rights  of  way,  water  recorded!' 
rights,    water   sources  or   easements   as  aforesaid,    other 
than  by  purchase,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  and  district  where  the 
same  are  situated  a  description  thereof  sufficiently  accu- 


196 


Acts,  1895.  — Chap.  192. 


rate  for  identification,  with  a  statement  of  the  purpose  for 
which  the  same  were  taken,  signed  by  the  water  commis- 
sioners hereinafter  provided  for. 

Damages.  SECTION  4.     Said  towD  of  Paxton  shall  pay  all  damages 

sustained  by  any  person  or  corporation  in  property  by  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
Avater  right  or  easement,  or  by  any  other  thing  done  by 
said  town  of  Paxton  under  the  authority  of  this  act.  Any 
person  or  corporation  entitled  to  damages  as  aforesaid 
under  this  act,  who  fails  to  agree  with  said  town  of  Pax- 
ton as  to  the  amount  of  damages  sustained,  may  have 
damages  assessed  and  determined  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  highways, 
by  making  application  at  any  time  within  a  }^eriod  of  three 
years  from  the  taking  of  such  land  or  other  property  or 
the  doing  of  any  other  injury  under  the  authority  of  this 
act ;  but  no  such  application  shall  be  made  after  the  expi- 
ration of  said  three  years.  iS'o  application  or  assessment 
shall  be  made  for  the  taking  of  any  water,  water  rights,  or 
for  any  injury  thereto,  until  the  water  is  actually  with- 
drawn or  diverted  by  said  town  under  the  authority  of 
this  act. 

Sectiox  5.  Said  town  of  Paxton  may,  for  the  purpose 
of  paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
))onds,  notes  or  scrip  to  an  amount  not  exceeding  in  the 
aggregate  ten  thousand  dollars.  Such  Ijonds,  notes  or 
scrip  shall  bear  on  their  face  the  words,  Paxton  Water 
Loan,  shall  be  payable  at  the  expiration  of  periods  not 
exceeding  thirty  years  fronl  date  of  issue,  and  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  five 
per  cent.  i)er  annum,  and  shall  be  signed  by  the  treasurer 
of  the  town  and  be  countersigned  l)y  the  water  commis- 
sioners hereinafter  provided  for.  Said  town  of  Paxton 
may  sell  all  such  securities  at  public  or  private  sale  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 

Sinking  fund,  ^iijy  .^^^^.l^  g.ij(j  towu  of  l*axton  unless  it  avails  itself  of  the 
provisions  of  section  six,  shall  ])r()vide  at  the  time  of  con- 
tracting said  loan  for  the  establishment  of  a  sinking  fund, 
and  shall  annually  contribute  to  such  fund  a  sum  sufficient 
with  the  accumulation  thereof  to  pay  the  ])i'in("ipal  of  said 
loan  at  maturity.  The  said  sinking  fund  shall  remain  in- 
violate and  })ledged  to  the  payment  of  said  loan  and  shall 
be  used  for  no  other  i)urpose. 


Paxton  Water 
Loan. 


Acts,  1895.  — Chap.  192.  197 

Section  6.  Said  town  of  Paxton  instead  of  establish-  ^'?y^'„'°li'J,ty. 
ing  a  sinking  fund  umy  at  the  time  of  authorizing  said  loan  ments  on  loan. 
provide  for  the  payment  thereof  in  annual  payments  of 
such  amounts  as  will  in  the  aggregate  extinguish  the  same 
within  the  time  prescribed  in  this  act ;  and  when  such 
vote  has  been  passed  the  amount  required  shall  without 
further  notice  be  assessed  ])y  the  assessors  of  said  town  in 
each  year  thereafter  until  the  debt  incurred  hy  said  loan 
shall  be  extinguished,  in  the  same  manner  as  other  taxes 
are  assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety-one  Return  to  state 
of  chapter  eleven  of  the  Pul)lic  Statutes  shall  state  the  f^^fund^etc" 
amount  of  sinking  fund  established  under  this  act,  and  if 
none  is  established  whether  action  has  been  taken  in  ac- 
cordance with  the  provisions  of  the  preceding  section,  and 
the  amount  raised  and  applied  thereunder  for  the  current 
year. 

Section  8.  Said  town  of  Paxton  shall  raise  annually  pjiymentof 
by  taxation  a  sum  which  with  the  income  derived  from  the  "^^p®"*®^' 
water  rates  will  be  sufficient  to  pay  the  current  annual  ex- 
penses of  operating  its  water  works  and  the  interest  as  it 
accrues  on  bonds,  notes  and  scrip  issued  as  aforesaid  hy 
said  town,  and  to  make  such  contril)utions  to  the  sinking- 
fund  and  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act. 

Section  9.  Whoever  wilfully  or  wantonly  corrupts.  Penalty  for 
pollutes  or  diverts  any  of  the  said  waters  taken  or  held  wate7^etc!° 
under  this  act,  or  injures  any  structure,  work  or  other 
property  owned,  held  or  used  by  said  town  under  the 
authority  and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  the  town  three  times  the  amount  of  the  chmiages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and  upon  conviction  of  either  of  the  above  wilful  or  wan- 
ton acts  shall  be  punished  by  a  tine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  not  exceeding  one 
year. 

Section  10.     Said  town  of  Paxton  shall,  after  the  ac-  water 
ceptance  of  this  act,  at  a  legal  town  meeting  called  for  the  ei'ectToDrtMms^ 
purpose,  elect  by  ballot  three  persons  to  hold  office,  one  ®"'* 
until  the  expiration  of  three  years,  one  until  the  expira- 
tion of  two  years  and  one  until  the  expiration  of  one  year 
from  the  next  succeeding  annual  town  meeting,  to  consti- 
tute a  board  of  water  commissioners :  and  at  each  annual 


198 


Acts,  1895.  —  Chap.  193. 


To  be  trustees 
of  sinking  fund. 


"Vacancy. 


"When  to  take 
effect. 


town  meotiiia"  tlioreafter  one  such  commissioner  shall  be 
elected  ))v  l)alh)t  for  the  term  of  three  years.  All  the 
authority  i>ranted  to  said  town  of  Paxton  by  this  act  and 
not  otherwise  specially  provided  for  shall  be  vested  in  said 
board  of  water  commissioners,  who  shall  be  subject  how- 
ever to  such  instructions,  rules  and  regulations  as  said 
town  of  Paxton  may  impose  by  its  vote  ;  the  said  com- 
missioners shall  be  trustees  of  the  sinkino-  fund  herein 
})rovided  for  and  a  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  relative 
both  to  the  water  works  and  the  sinkinu'  fund.  Any  va- 
cancy occurring  in  said  l)()ard  from  any  cause  may  l)e  tilled 
for  the  unexpired  term  l)y  said  town  at  any  legal  town 
meeting  held  for  the  purpose. 

Section  11.  This  act  shall  take  effect  upon  its  accept- 
ance ])y  a  two  thirds  vote  of  the  voters  of  the  town  of 
Paxton  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  purpose  within  five  years  from  its  pas- 
sage ;  but  the  number  of  meetings  so  called  in  any  year 
shall  not  exceed  three.  Approved  March  30,  1895. 


Chap.im 


Doorkeepers  of 
senate  and 
house,  corapen- 
eatiou. 

Messengers, 
assistant  door- 
keepers and 
postmaster. 


Pages  of  senate 
and  house. 


To  apply  to 
current  annual 


Repeal. 


An  Act  to  fix  the  compensation  of  the  doohkeepers,  assist- 
ant nOOKKEEPERS,  POSTMASTER,  MESSENGERS  AND  PA(;ES  OF  THE 
SENATE   AND  HOUSE   OF   REPRESENTATIVES. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  doorkeepers  of  the  senate  and  house 
of  representatives  shall  each  receive  a  salary  of  fifteen 
hundred  dollars  a  year. 

Section  2.  Each  messenger  of  the  senate  and  house  of 
representatives  shall  receive  the  sum  of  eight  hundred  and 
fifty  dollars  in  full  for  all  services  reciuired  of  them  at  the 
regular  annual  session  of  the  legislature  ;  and  the  assistant 
doorkeepers  of  the  senate  and  house  of  rei)resentatives, 
and  postmaster,  shall  receive  the  same  comi)ensation  as 
the  messengers  and  one  hundred  dollars  each  in  addition 
for  the  regular  annual  session  of  the  legislature. 

Section  8.  The  compensation  of  the  j^ages  of  the  sen- 
ate and  house  of  re))resentatives  shall  l)e  five  hundred  and 
ten  dollars  each  for  the  regular  annual  session. 

Section  4.  This  act  shall  apply  to  the  current  annual 
session  and  shall  take  ettect  u})on  its  passage. 

Section  r>.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  March  30,  1895. 


Acts,  1895.  — Chap.  194.  199 


An  Act  to  provide  for  the  seizure  and  disposition  of  prop-  (^l^f^rvy  194 

ERTY  found  where  OPIUM  IS   SMOKED   OR   SOLD   OR  GIVEN  AWAY  "' 

TO   BE   SMOKED,   AND   FOR  THE   ARREST  AND  PUNISHMENT  OF  PER- 
SONS  THERE   FOUND   PRESENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     If  a  person  makes  oath  before  a  trial  jus-  Arrest  of 
tice,  or  police,  district  or  mimicipal  court,  that  he  suspects  8e4''ur°e  Jf"'^ 
or  has  probable  cause  to  suspect  that  any  place,  house,  f,!  peaces  ww 
buildino- or  tenement  within  the  iurisdiction  of  such  iustice  opi"mi»  , 

1    '  1  j^     1   j_      /•  1  /■  1   •  smoked,  etc. 

or  court  is  used  or  resorted  to  tor  the  purpose  or  smoking 
opium  or  any  preparation  of  opium,  or  for  the  purpose  of 
selling  or  giving  away  opium  or  any  preparation  of  opium 
to  be  smoked  at  such  place,  house,  building  or  tenement, 
and  that  persons  resort  to  the  same  for  such  purposes, 
such  trial  justice  or  court,  whether  the  names  of  the  per- 
sons last  mentioned  are  known  to  the  conn^lainant  or  not, 
shall,  in  case  satisfactory  evidence  is  presented,  issue  a 
warrant  commanding  the  sheriff  or  his  cleputy  or  any  con- 
stable or  police  officer  to  enter  into  such  place,  house, 
building  or  tenement  and  there  to  arrest  the  keepers  of 
the  premises,  and  all  persons  present,  whether  engaged  in 
smoking  or  not,  if  the  implements  for  smoking  opium  or 
any  preparation  of  opium  are  there  found,  and  to  take  into 
their  custody  all  the  opium  or  any  preparation  of  opium, 
and  all  the  implements  for  smoking  opium  or  any  prepara- 
tion of  opium,  and  all  the  personal  property,  furniture  and 
fixtures  there  found,  and  to  keep  said  persons,  opium, 
preparation,  implements,  property,  furniture  and  fixtures 
so  that  they  may  be  forthcoming  before  some  court  or 
magistrate,  to  be  dealt  with  according  to  law.  And  who-  Penalty. 
ever  is  found  so  smoking  or  so  present  shall  be  punished 
by  fine  not  exceeding  one  hundred  dollars  for  every  such 
offence. 

Section  2.     The  provisions  of  sections  five,  six,  seven,  p.  s.  212,  §§5, 
eight,  nine  and  ten  of  chapter  two  hundred  and  twelve  of  toappb-^"'*  ^°' 
the  Pu1>lic  Statutes  shall  apply  to  all  oinum,  preparations, 
implements,  property,  furniture  and  fixtures  seized  under 
the  provisions  of  section  one  of  this  act. 

Section   3.     No  officer  searching  premises  under  the  Evidence  of 
authority  of  this  act  shall  be  perniitted  to  use  any  evi-  nouo'blTsed. 
dence  of  any  crime  which  he  may  discover,  other  than  that 
of  opium  smoking,  in  making  further  })rosecutions  against 
the  persons  whose  premises  are  searched. 

Approved  March  30,  1895. 


200  Acts,  1895.  — Chaps.  195,  196,  197. 


Chap.195  -^  ^^"^  TO  PROVIDE  FOR  THE  MEDICAL  SUPERVISION-  OF  PRIS- 
ONERS CONFIXED  IN  SOLITARY  CELLS  FOR  PUNISHMENT,  IN  COUNTY 
PRISONS. 

Be  it  enacted,  etc. ,  as  folloivs  : 
Medical  Sectiox  1.     The  commissioners  of  prisons  shall  make 

supervision  or  ,  i 

prisoners.  rulcs  tVom  time  to  time  for  the  several  jails  and  houses  of 
correction,  which  shall  secure  such  medical  examination 
of  and  medical  authority  over  prisoners  contiued  in  solitary 
cells  for  punishment  as  shall,  as  far  as  practicable,  prevent 
injury  to  the  health  of  such  prisoners  by  such  confinement. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  30,  1895. 

(7^a?9.196  ^^  -'^^'^  RELATIA'E    TO    THE    ARRANGEMENT    OF    NAMES    UPON    THE 

OFFICIAL   BALLOT. 

Be  it  enacted,  etc.,  as  follows: 

MmM^oTofficiaf  Section  1.  The  name  of  aii}^  candidate  to  fill  a  vacancy 
ballot  to  fill  in  any  office  to  be  voted  for  at  any  election  shall  be  placed 
ui3on  the  ballot  under  the  designation  of  said  ofhce,  to 
which  shall  be  added  the  words  :  —  To  fill  vacancy,  —  with 
the  term  for  which  such  candidate  is  to  be  chosen  ;  and  the 
name  of  such  candidate  shall  l)e  printed  in  a  space  separate 
and  distinct  from  that  in  which  the  names  of  candidates 
for  the  full  term  are  printed. 

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

Approved  March  30,  1895. 


vacancy. 


ChCin.lQl  -^^  -^^T  TO  PROVIDE  FOR  THE  APPOINTMENT  OF  A  RESERVE  POLICE 

FORCE   IN  THE   CITY   OF   SOMER\'TLLE. 

Be  it  enacted,  etc.,  as  follov's: 

foTcerapKu        Section  1.     The  mayor  and  aldermen  of  the  city  of 
mentletc.  SomcrviUe  may  from  time  to  time,  and  under  such  rules 

as  the  civil  service  commissioners  of  the  Commonwealth 
prescribe,  appoint  suitable  persons  to  constitute  a  reserve 
police  force  for  said  city,  who  shall  at  no  time  exceed  ten 
in  number,  and  who  shall  l)e  subject  to  such  rules  and 
regulations  as  the  mayor  and  aldermen  may  from  time  to 
time  prescribe,  and  who  may  Ijc  removed  by  the  mayor 
and  aldermen  for  any  reason  satisfactory  to  them.  Said 
mayor  and  aldermen  may  assign  the  members  of  said  reserve 
police  force  to  duty  in  said  city  whenever  and  for  such  time 


Acts,  1895.— Chap.  198.  201 

as  they  shall  deem  necessary,  and  when  on  duty  they  shall 
have  and  exercise  all  the  powers  and  duties  of  the  police 
of  said  city. 

Sectiox  2.     All  appointments  upon  the  regular  police  Appointments 
force  of  said  city  shall  be  made  from  the  reserve  police  force  to^be'Trom 
force,  under  such  rules  as  the  civil  service  commissioners  ''«'«^'"^^- 
of  the  Commonwealth  may  prescribe ;  and  service  on  the 
reserve  police  force  for  not  less  than  six  months  shall  be 
deemed  to  be  equivalent  to  the  probationary  period  now 
required  by  the  rules  of  said  commissioners. 

Section  3.     The  members  of  the  reserve  police  force  compensation 
shall  be  paid  when  on  duty  such  conii)ensation  as  the  city  ^esTrve  force" 
council  may  from  time  to  time  by  concurrent  vote  pre- 
scribe. 

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

Approved  March  30,  1S95. 


Cha2).198 


An  Act  to  authorize  the  city  of  newton  to  widen  and 
locate  aneav  washington  street  in  said  city  and  to  pro- 
mote the  abolition  of  grade  crossings  therein. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Newton  may,  for  the  purposes  May  take 

/«         •  1        •  11  ,  •  -ITT-      1   •        J.  J.         J.  1    certain  lands  for 

ot  Widening  and  locating  anew  VV  ashington  street  and  abolition  of 
abolishing  grade  crossings  in  said  city,  in  addition  to  the  g^^^de  crossings, 
powers  already  vested  in  it  relating  to  streets,  ways  and 
parks  therein,  including  the  powers  granted  by  chapter 
three  hundred  and  twenty-four  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four,  purchase  or  otherwise 
take  in  fee  simple  the  lands  or  any  of  them  lying  north- 
erly of  the  present  location  and  lands  of  the  Boston  and 
Albany  railroad  in  said  city,  including  lands  within  the 
location  of  any  pul)lic  ways.  Proceedings  for  such  tak- 
ing; and  for  determinino'  damages  therefor  shall  be  the 
same  as  are  now  provided  in  the  case  of  laying  out  ways 
in  said  city. 

Section  2.     If  said  city  of  Newton  shall  take  so  nuich  Making,  etc.,  of 

(,  .  "^  .  T      1  .  slopes  on 

of  the  lands  aforesaid  as  lie  between  Washington  street  certain  land 
and  said  railroad,  and  between  Centre  street  and  Chestnut  purposes. 
street,  as  may  be  necessary  for  the  temporary  location 
hereinafter  mentioned,  and  if  the  commissioners  who  may 
be  appointed  by  the  superior  court  under  the  provisions 
of  chapter  four  hundred  and  twenty-eight  of  the  acts  of 
the  year  eighteen  hundred  and  ninety  and  acts  in  amend- 
ment thereof,  for  the  purpose  of  determining  the  method 


202  Acts,  1895.  — CnAr.  198. 

of  abolishing  grade  crossings  on  the  main  line  of  the  Bos- 
ton and  Albany  railroad  in  said  city,  determine  that  the 
tracks  of  the  railroad  shall  be  dej^ressed  to  any  extent 
within  the  present  lines  of  its  location,  as  a  part  of  the 
plan  of  abolishing  said  crossings,  and  said  determination 
shall  be  accepted  and  adopted  by  the  su})erior  court,  said 
connnissioners  are  hereby  authorized,  as  a  part  of  their 
decision,  to  take  for  raih'oad  purposes  the  right  to  make 
and  maintain  such  slopes  upon  land  of  the  city  of  Newton, 
north  of  and  along  the  line  of  the  railroad,  as  said  com- 
missioners in  their  decision  may  designate,  without  com- 
Certain  lands  pcusatiou  to  Said  citv  tlicrefor.  The  Boston  and  Albany 
fo^a  uVi'porary  Raih'oad  Compauy  shall  have  the  right  and  power,  with- 
locatiun,  etc.  ^^^^  couipeusation  to  said  city  therefor,  to  use  so  much  of 
said  lands,  and  of  said  Washington  street  as  at  i)resent 
located,  as  may  be  necessary  for  a  temporary  location  ot 
its  tracks,  stations  and  appliances  and  for  the  ])urposes 
of  construction  and  operation  of  its  railroad  while  work 
within  the  lines  of  its  present  location  in  abolishing  said 
grade  crossings  is  in  progress. 
d^spoTtfof  Section  3.     If  after  said  grade  crossings  have  been  so 

certain  land,  etc.  aljolishcd  ds  aforcsaid,  and  said  Washington  street  shall 
have  been  laid  out  and  widened  as  aforesaid,  it  shall  in 
the  opinion  of  the  city  council  of  said  city  of  JS'ewton  not 
be  necessary  to  retain  all  of  the  land  taken  as  aforesaid 
for  the  purposes  of  the  widening  of  said  Washington  street 
and  abolishing  grade  crossings,  then  said  city  shall  be  au- 
thorized and  empowered  to  sell  and  dispose  of  the  same, 
and  it  is  hereby  authorized  upon  said  event  to  convey 
such  lands  by  good  and  sufficient  deed ;  and  the  title 
thereto  shall  thereuj)on  vest  in  the  jnirchasers  thereof. 
May  incur  Section  4.     To  uicet  tlic  expcuses  iucurrcd  by  tlic  city 

issue  bonds,  etq.  of  Xcwton  uudcr  the  provisions  of  this  act  said  city  may 
incur  indebtedness  and  may  issue  notes,  bonds  or  scrip 
thei'efor,  payable  within  forty  years  from  the  date  of  issue, 
signed  by  the  treasurer  and  countersigned  by  the  mayor, 
and  the  same  shall  not  be  included  in  the  amount  of  in- 
debtedness to  which  said  city  is  limited  by  the  provisions 
of  chapter  twenty-nine  of  the  Public  Statutes  and  acts  in 
p.  8.29,  etc.,  to  amendment  thereof  and  in  addition  thereto.     The  provi- 

apply.  .  /•       •  1     1  •  ■  •      - 

sions  of  said  cliapter  twenty-nine  of  the  Public  Statutes  and 
acts  in  amendment  thereof  and  in  addition  thereto  shall 
apply  to  the  issue  of  such  bonds,  notes  or  scrip  and  to  the 
establishment  of  a  sinking  fund  for  the  payment  thereof  at 
maturity,  except  so  far  as  is  herein  otherwise  provided. 


Acts,  1895.  — Chaps.  199,  200,  201.  203 

Sectiox  5.     Said  Boston  and  Alban}^  Railroad  Com- Boston  and 
pany  is  hereby  authorized   to  issue    bonds    to    such   an  roacTcompany 
amount,  not  exceeding  thirteen  hundred  thousand  dolkirs,  bon^dsretc. 
as  the  directors  shall  determine  to  he  reasonably  re(]uisite 
to  provide  for  its  share  of  the  expenditure  arising  under 
the  provisions  of  this  act. 

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

Approved  March  30,  1895. 

An   Act  fou   the   protection  of  pickekee  in  the  county  of  (7^^r).199 

BERKSHIRE. 

Be  it  enacted,  etc.,  asfoUoivs: 

Whoever  takes  from  the  waters  of  the  county  of  Berk-  T?king,  etc., 

•       1  •       1  1  11  of  pickerel  111 

shire  a  pickerel  less  than  ten  mches  in  length,  or  sells  or  county  of  Berk- 

otfers  to  sell,  or  has  in  his  possession,  with  intent  to  sell 

in  said  county  any  such  pickerel,  shall  forfeit  one  dollar 

for  each  pickerel  so  sold  or  oflered  or  exposed  for  sale ; 

and  in  any  prosecutions  under  this  act  the  possession  of 

any  pickerel  less  than  ten  inches  in  length  shall  be  prima 

facie  evidence  of  a  violation  thereof. 

Approved  March  30,  1895. 

An  Act  to  incorporate  the  fitchburg  loan,  trust  and  safety  (JJ^njy  200 

DEPOSIT   company. 

Be  it  enacted,  etc.,  as  foHoivs : 

Section  1.     Frederic  S.  Coolidge,  Henry  A.  Goodrich,  ?;'°,^\",[f  ^°"°' 
Festus  C.  Currier,  James  Brown,  William  C.   Johnson,  Safety  Deposit 

TT  /-t      /-  1     /-  -ii  TT     -r~v       1  1      •  •  Company 

Henry  (jr.  Crreen  and  (jilbert  H.  Derby,  their  associates  incorporated. 
and  successors,  are  hereby  made  a  corporation  by  the 
name  of  Fitchburg  Loan,  Trust  and  Safety  Deposit  Com- 
pany, with  authority  to  establish  and  maintain  a  safe  de- 
posit, loan  and  trust  company  in  the  city  of  Fitchburg ; 
with  all  the  powers  and  privileges  and  subject  to  all  the 
duties,  lialnlities  and  restrictions  set  forth  in  all  general 
laws  M'hich  now  are  or  may  hereafter  l)e  in  force  relating 
to  such  corporations. 

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

Approved  March  30,  1895. 

An  Act  relative  to  banking  hours  on  Saturdays  aviiicii  are  CJ]icir>. '2i0\ 
NOT  holidays. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     All  bills  of  exchange,  drafts,  bank  checks  PreBontment  of 
and  promissory  notes  made  after  this  act  takes  efiect,  and 


204. 


Acts,  1895.  — Chap.  202. 


Provisos. 


Presentmeut  by  preseiitablc  for  acceptance  or  pavment  on  any  Saturday 

bills  and  notes.     ^,.,.  ,  iti  tj.i  a_  i 

which  IS  not  a  holiday  according  to  Jaw,  except  such  as 
shall  be  actually  presented  for  acceptance  or  payment 
before  noon  on  such  Saturday,  shall  be  deemed  to  be  and 
shall  be  payable  or  presentable  for  acceptance  or  payment 
on  the  next  succeeding  secular  or  business  day  ;  and  for 
the  purpose  of  protesting  or  otherwise  holding  liable  any 
party  to  any  such  bill  of  exchange,  draft,  check  or  prom- 
issory note  made  after  this  act  takes  efi'cct,  and  which 
shall  not  have  been  presented  for  acceptance  or  payment 
before  twelve  o'clock  noon  on  the  Saturday  not  a  holiday, 
when  the  same  is  presentable  for  acceptance  or  i)ayment, 
a  demand  of  acceptance  or  payment  thereof  may  ])e  made 
on  the  next  succeeding  secular  or  business  day,  and  there- 
after notice  of  protest  or  dishonor  thereof  may  be  given 
according  to  law :  provided,  that  when  any  person  shall 
receive  for  collection  any  check,  draft,  bill  of  exchange  or 
promissory  note  made  after  this  act  takes  effect,  and  due 
and  presentable  for  acceptance  or  payment  on  any  Satur- 
day not  a  holiday,  such  person  shall  not  be  deemed  guilty 
of  any  neglect  or  omission  of  duty  nor  incur  any  liability 
in  not  presenting  for  payment  or  acceptance  or  collection 
such  check,  draft,  bill  of  exchange  or  promissory  note  on 
that  day ;  provided,  cdso,  the  same  shall  be  duly  presented 
for  payment  or  acceptance  or  collection  on  the  next  suc- 
ceeding secular  or  business  day;  and  p7'ovided,furf Iter, 
that  in  construing  this  section,  every  Saturday  not  a  holi- 
day according  to  law  shall,  until  twelve  o'clock  noon,  be 
deemed  a  secular  or  business  day,  on  which  such  checks, 
drafts,  bills  of  exchange  or  promissory  notes  may  be  pre- 
sented for  accejotance  or  payment. 

Section  2.     This  act  shall  take  effect  upon  the  first 
day  of  June  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  March  30,  1895. 


To  take  effect 
June  1, 1895. 


Chap.^m 


Certain 
property 
of  disabled 
soldiers  and 
failors  exempt 
from  taxation. 


Ax  Act  to  lessen  the  ijurden  oi^  taxation  upon  certain  dis- 
abled SOLDIERS  and  SAILORS. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1.  The  property,  to  the  amount  of  two  thou- 
sand dollars,  of  every  soldier  and  sailor  residing  in  this 
Commonwealth  who  served  in  the  military  or  naval  ser- 
vice of  the  United  States  in  the  war  of  the  rebellion  and 
who  was  honorably  discharged  therefrom,  and  Mho,  by 
reason  of  injury  received  or  disease  contracted  while  in 


Acts,  1895.  — Chap.  203.  205 

such  service  and  in  the  line  of  duty,  lost  the  sight  of  both 
eyes,  or  lost  the  sight  of  one  eye,  the  sight  of  the  other 
having  been  previously  lost,  or  who  lost  one  or  both  feet, 
or  one  or  both  hands,  or  who  has  become  permanently 
incapacitated  for  the  performance  of  manual  labor  to  an 
extent  equivalent,  in  the  judgment  of  the  assessors,  to  the 
loss  of  a  hand  or  a  foot,  shall  l)e  exempt  from  taxation  : 
provided,  the  whole  estate,  real  and  personal,  of  such  Proviso. 
person  does  not  exceed  in  value  the  sum  of  live  thousand 
dollars,  exclusive  of  property  otherwise  exempted  under 
the  provisions  of  law. 

Section  2.     The  certificate  of  the  granting  of  a  pension  Pension 
to  any  such  soldier  or  sailor  by  the  United  States  for  such  beVvidcnce°of 
injury  or  incapacity  shall,  while  such  pension  continues,  '"f'^p^'^^'y' ^tc 
be  sufficient  evidence  of  the  receiving  of  such  injury  or 
incapacity.     The  board  of  assessors  may  however  receive 
other  evidence.     A  person  aggrieved  by  the  finding  or 
judgment  of  the  assessors  under  this  act  may  appeal  to 
the  county   commissioners,   within  the  time  and   in   the 
manner  allowed  by  law  for  appeals  in  respect  to  an  abate- 
ment of  taxes. 

Section  3.     Chapter  three  hundred  and  fifteen  of  the  Repeal. 
acts  of  the  year  eighteen  hundred  and  ninety-four  is  hereb}^ 
repealed. 

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

Approved  March  30,  ISO 5. 


Chap.203 


An  Act  to  regulate  the  fisheries  in  swan  pond  river. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  selectmen  of  the  town  of  Dennis,  or  selectmen  of 
a  majority  of  them,  shall  annually,  on  or  before  the  twen-  lateflsheHes^n' 
tieth  day  of  April  in  each  year,  prescribe  the  times,  places  Hve^'r"  ftc?'^ 
and  manner  of  taking  herring  or  alewives,  perch,  salmon, 
eels  and  trout  in  Swan  Pond  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  fix  the  compensation  to  be  paid  therefor; 
or  may  grant  permits  to  suitable  i)ersons,  being  inhabi- 
tants of  said  town,  to  catch  any  of  said  fish  in  the  said 
river  or  the  ponds  and  streams  connected  therewith,  and 
fix  the  compensation  to  be  paid  to  said  town  for  such  per- 
mits, and  shall  determine  the  quantity  of  said  fish  which 
each  family  in  said  town  shall  receive  from  such  catches, 
and  establish  the  price  therefor ;  and  may  sell,  at  auction 


206 


Acts,  1895.  — Chap.  203. 


Proviso. 


Proceeds. 


To  remove 
obstructions, 
etc.,  from 
passageways, 
etc. 


Penalty. 


Penalty  for 
unlawful  taking 
of  tish,  etc. 


Certain  vessels, 
seines,  etc.,  may 
be  seized. 


or  otherwise,  the  right  of  lishinir  in  said  river  and  its 
waters  to  one  or  more  persons,  for  a  term  of  not  more 
than  live  years  at  one  sale,  npon  such  terms  and  condi- 
tions as  the  said  town  or  said  selectmen  may  direct :  ])ro- 
videdy  that  nothing  in  this  section  shall  be  construed  to 
prevent  any  person,  being  an  inhabitant  of  said  town,  from 
taking  lish  with  natural  or  artificially  baited  hook  and 
hand  line,  under  such  regulations  as  said  selectmen  may 
prescribe. 

Sectioj^  2.  The  net  proceeds  of  the  said  fisheries  shall 
be  paid  to  the  treasurer  of  said  town. 

Section  3.  The  said  selectmen,  or  a  majority  of  them, 
arc  herel)y  authorized  and  empowered  to  cause  the  natural 
streams  through  which  the  said  lish  pas.'i  to  be  kept  open 
and  without  obstruction ;  to  remove  such  obstruction  as 
may  he  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  reasonable  con- 
sideration therefor  if  demanded,  shall  have  authority  for 
said  purpose  to  go  on  the  land  of  any  person  through 
which  said  stream  runs  without  being  considered  as  tres- 
passers, and  any  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  ol)structs  any  passageway  in 
said  Swan  Pond  river  or  in  the  ponds  or  streams  connected 
therewith,  otherwise  than  as  allowed  l)v  said  selectmen, 
shall  be  punished  ])y  a  tine  not  exceeding  twenty  dollars 
for  every  such  offence. 

Sectiox  4.  Whoever  takes  any  herrings  or  alewives, 
perch,  salmon,  eels  or  trout  in  Swan  Pond  river  or  in  the 
ponds  and  streams  connected  therewith,  or  within  half  a  mile 
in  any  direction  from  the  mouth  of  the  said  river,  at  any 
time  or  place  or  in  any  manner  other  than  may  be  alloAved 
by  said  selectmen,  shall  for  each  offence  Ije  punished  by 
fine  not  exceeding  ten  dollars  if  the  quantity  of  fish  so 
taken  is  less  than  one  barrel,  but  if  the  (luantity  offish  so 
taken  is  one  barrel  or  more  shall  ])e  punished  l)v  fine  not 
exceeding  forty  dollars,  and  not  less  than  ten  dollars  for 
each  Ijarrel  offish  so  taken. 

Section  5.  If  any  vessel,  boat  or  craft  shall  Ite  found 
within  the  limits  of  said  river  or  the  pond  or  streams  con- 
nected therewith,  or  within  half  a  mile  of  the  mouth  of 
the  said  river,  with  any  more  of  said  fish  on  board  the 
same  than  is  allowed  by  said  selectmen,  or  if  any  person 


Acts,  1895.  — Chap.  204.  207 

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  different  from  that  prescribed  by  said  select- 
men, or  with  seines,  nets  or  with  other  instruments  of  a 
kind  or  size  different  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  cost  of  suit. 

Section  6 .  One  half  of  all  fines  and  forfeitures  incurred  fj°//it„°eg^ 
under  this  act  shall  accrue  to  said  town  of  Dennis,  and  the 
other  half  to  the  persons  who  shall  prosecute  for  the  same, 
excepting  that  when  said  selectmen,  or  either  one  of  them, 
shall  prosecute  for  such  fines  and  forfeitures  they  shall 
accrue  wholly  to  the  said  town,  to  be  recovered  by  com- 
plaint in  any  court  having  jurisdiction  of  the  same. 

Approved  March  30,  1895. 


Chap.20^ 


An  Act  to  authorize  the  town  of  north  attleborolgh  to 
increase  its  water  supply. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  North  Attleborough,  for  the  Additional 
purpose  of  furnishing  itself  and  its  inhabitants  with  an  f'orN'onh''  ^ 
additional  supply  of  water  for  the  extinguishment  of  fires  ^"'eborough. 
and  for  domestic  and  other  purposes,  may  take  and  hold 
the  water,  water  sources  and  any  w^ater  rights  connected 
therewith  of  the  Ten  Mile  river  in  the  town  of  Wrentham  ; 
and  may  take  and  hold  by  purchase  or  otherwise  any  lands, 
rights  of  way  and  easements  necessary  for  the  preserva- 
tion and  purity  of  said  waters  and  for  conveying  the  same 
to  any  part  of  said  town  of  North  Attleborough  ;  and  may 
make    excavations  and  erect  and  maintain   on  the  land 
thus  taken,  dams,  reservoirs,  buildings,  fixtures  and  other 
structures  necessary  for  the  taking  and  distribution  of  said 
waters. 

Section  2.     Said  town  of  North  Attleborouoh,  in  the  Mayiayand 

,•  £•         •  ^  1  1     /•        ,  1  ""  i«  •  1      maintain  con- 

prosecution  oi  said  work  and  tor  the  purposes  aioresaid,  duits,  pipes, etc 
and  for  the  purpose  of  connecting  the  water  works  now 
owned  by  it  with  the  water  and  water  sources  granted  in 
this  act,  may  lay  and  maintain  conduits,  pipes  or  other 
works  over  or  under  any  water  course,  street,  railroad, 
highway  or  other  way,  or  any  public  or  private  lands,  and 


208 


Acts,  1895.  —  Chap.  204. 


May  dig  up 
ways  in  Wren- 
thum  under 
direction  of 
selectmen. 


Description  of 
lauds,  etc.,  to  be 
recorded. 


Water 
commissioners. 


Damages. 


along  any  such  way  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same,  and  in  general  may  do  any  other  acts 
or  things  necessary  and  proper  for  the  carrying  out  of  said 
purposes  ;  and  for  the  purpose  of  constructing,  maintain- 
ing and  repairing  such  conduits,  pipes  and  other  worlds, 
and  for  all  proper  puri)oses  of  this  act,  may  enter  upon 
and  dig  up  any  such  lands,  and,  under  the  direction  of  the 
selectmen  of  the  town  of  ^^'rentham,  may  enter  upon  and 
dig  up  any  such  ways  in  said  to^\■n  of  Wrentham  in  such 
manner  and  with  such  care  as  not  to  render  sucli  lands 
and  ways  unsafe  or  unnecessarily  inconvenient  for  those 
entitled  to  use  the  same,  and  shall  restore  the  same  to  as 
good  order  and  condition  as  they  were  in  before  such  dig- 
ging commenced. 

Section  3.  Said  town  of  North  Attleborough  shall, 
within  sixty  days  after  the  taking  of  any  lands,  rights  of 
way,  water  rights,  water  sources  or  easements  as  afore- 
said, otherwise  than  l)y  purchase,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  of  Nor- 
folk a  description  thereof  sufficiently  accurate  for  identifi- 
cation, with  a  statement  of  the  purpose  for  which  the  same 
were  taken,  signed  by  its  water  commissioners ;  and  the 
title  of  all  lands  so  taken  shall  vest  in  said  town  of  North 
Attleljorough. 

Section  4.  Said  town  of  North  Attleborough  shall 
exercise  the  rights,  powers  and  authority  granted  by  this 
act,  l)y  its  board  of  water  commissioners,  subject  to  the 
duties,  liabilities  and  restrictions  herein  contained,  who 
shall  be  governed  by  such  instructions,  rules  and  regula- 
tions as  said  town  may  by  vote  impose. 

Section  5.  Said  town  of  North  Attleborough  shall  pay 
all  damages  sustained  by  any  })erson  or  corjjoration  in 
property  by  the  taking  of  any  land,  right  of  ^^'ay,  water, 
water  source,  water  riglit  or  easement,  or  any  other  thing 
done  by  said  town  under  the  authority  of  this  act.  Any 
person  or  corporation  entitled  to  damages  as  aforesaid 
under  this  act,  who  fails  to  agree  with  said  town  as  to 
the  amount  of  damages  sustained,  may  have  the  damages 
assessed  and  determined  in  the  manner  provided  by  law 
when  land  is  taken  for  the  laying  out  of  highways,  by 
making  application  at  any  time  within  the  ]:)eriod  of  three 
years  from  the  taking  of  such  land  or  otlier  ))roperty  or 
the  doing  of  any  other  injury  under  the  authority  of  this 
act ;  but  no  a})plication  shall  be  made  after  the  expiration 


Acts,  1895.  —  Chap.  204.  ,  209 

of  said  three  ^^ears.  No  application  for  assessment  of 
damages  shall  be  made  for  the  taking  of  any  water,  water 
right  or  any  injury  thereto,  until  the  water  is  actually 
withdrawn  or  diverted  by  said  town  under  the  authority 
of  this  act. 

Section  6.  Said  town  of  North  Attleborough  may,  for  North 
the  purpose  of  paying  the  necessary  expenses  and  liabili-  water  Loan!^ 
ties  incurred  under  the  provisions  of  this  act,  issue  from 
time  to  time  bonds,  notes  or  scrip  to  any  amount  not  ex- 
ceeding in  the  aggregate  thirty-five  thousand  dollars  ;  such 
bonds,  notes  and  scrip  shall  bear  on  their  face  the  words, 
North  Attleborough  Water  Loan  ;  shall  l)e  payable  at  the 
expiration  of  periods  not  exceeding  thirty  years  from  the 
date  of  issue  ;  shall  ])ear  interest  payable  semi-annually  at 
a  rate  not  exceeding  six  per  cent,  per  annum,  and  shall 
be  signed  l)y  the  treasurer  and  be  countersigned  by  the 
selectmen  of  the  town  of  North  Attleborough.  The  said 
town  of  North  Attleborough  may  sell  such  securities  at 
public  or  private  sale  or  pledge  the  same  for  money  bor- 
rowed for  the  purpose  of  this  act,  and  upon  such  terms 
and  conditions  as  it  may  deem  proper.  The  said  town  of  sinking  fund. 
North  Attleborough  shall  pay  the  interest  on  said  loan  as 
it  accrues,  and  shall  provide  at  the  time  of  contracting  said 
loan  for  the  establishment  of  a  sinking  fund,  and  shall 
annually  contribute  to  such  fund  a  sum  sufficient  with  the 
accunmlations  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  7.  Said  town  of  North  Attleborough  instead  ^raunCailfay. 
of  establishing  a  sinking  fund  may  at  the  time  of  authoriz-  ments  ou  loan, 
ing  said  loan  provide  for  the  payment  thereof  in  such 
annual  payments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  thereby  shall  without  further 
vote  be  assessed  by  the  assessors  of  said  town  of  North 
Attleborough  in  each  year  thereafter  until  the  debt  in- 
curred shall  be  extinguished,  in  the  same  manner  as  other 
taxes  are  assessed  under  the  provisions  of  section  thirty- 
four  of  chapter  eleven  of  the  Public  Statutes. 

Section  8.     The  return  required  by  section  ninety-one  Return  to  state 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  "ug  fund,  etc. 
amount  of  any  sinking  fund  established  under  this  act,  and 
if  none  is  established  whether  action  has  been  taken  in 


210 


Acts,  1895.  — Chap.  205. 


Payment  of 
expeuBes,  etc. 


Penalty  for 
corrupiiou  of 
water,  etc. 


Water  snpply 
for  Plaiuville, 
etc. 


accordance  with  the  provisions  of  section  six  of  this  act, 
and  shall  also  state  the  amounts  raised  and  applied  there- 
under for  the  current  year. 

Section  9.  Said  town  of  North  Attleborough  sIkiII 
raise  annually  by  taxation  a  sum  which  with  the  income 
derived  from  the  water  rates  will  be  sutficient  to  pay  the 
current  annual  expenses  of  operating  its  water  works  and 
the  interest  as  it  accrues  on  the  bonds,  notes  and  scrip 
issued  a-s  aforesaid  by  said  town  of  North  Attleborough, 
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  10.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  pro[)erty 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  of  North  Attle])orough  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action 
of  tort ;  and  upon  conviction  of  either  of  the  above  wilful 
or  wanton  acts  shall  be  punished  by  a  tine  not  exceeding 
three  hundred  dollars  or  by  imprisonment  not  exceeding 
one  year. 

Section  11.  Nothing  in  this  act  shall  be  construed  to 
prevent  the  village  of  Plain ville  in  said  town  of  A^'ren- 
tham,  or  any  tire  district  or  corporation  hereafter  organ- 
ized in  said  village  for  the  purpose,  from  supplying  itself 
or  its  inhabitants  with  pure  water  for  the  extinguishment 
of  tires  and  for  domestic  and  other  purposes  from  the 
water  and  water  sources  herein  granted  to  the  town  of 
North  Attleborough.  Approved  March  30,  1895. 


Additional 
water  supply 
for  Uxbridge. 


(JJian,2.0o  -f^^  Act  to  autuorize  the  town  of  uxupidge  to  ixcrease  its 

WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Uxbridge  is  hereby  author- 
ized, for  the  purpose  of  furnishing  an  additional  supply 
of  water  to  its  inhalntants  for  tire,  domestic  and  other  pur- 
poses, except  for  manufacturing  or  power  purposes,  to 
draw  and  convey  from  Mendon  pond,  so-called,  lying  in 
the  town  of  Mend(m,  so  much  of  the  waters  thereof  and 
the  waters  that  How  into  and  from  the  same  as  it  may  re- 
quire ;  and  it  may  take  by  purchase  or  otherwise  and  hold 
any  water  rights  connected  with  said  pond,  and  any  land 


I 


Acts,  1895.  — Chap.  205.  211 

or  lands  on  the  shores  of  or  surrounding  said  pond,  which  ^uei'suppiy 
it  may  deem  necessary  for  the  preservation  of  the  purity  f*^"-  Usbriage. 
of  the  water  or  which  it  may  desire  to  use  for  the  purpose 
of  raising  the  water  level  or  increasing  the  storage  ca- 
pacity of  said  pond ;  and  may  also  take  b^'  purchase  or 
otherwise  all  lands,  rights  of  way  and  easements  necessary 
for  holding  and  preserving  such  water  and  for  conveying 
the  same  into  any  part  of  said  town  of  Uxbridge ;   and  ^fif^^^^f  i^ 
may  erect  upon  the  lands  thus  taken  or  held  proper  dams,  down  pTpU,  etc. 
reservoirs,  buildings,  fixtures   and  other  structures,  and 
may  make  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works  under,  over  or 
u[)on  any  lands,  water  courses,  raih'oads  or  public  or  pri- 
vate ways,  in  such  manner  as  when  completed  shall  not 
unnecessarily  obstruct  the  same ;  and  for  the  purpose  of 
constructing,   maintaining   and   repairing  such  conduits, 
pipes  and  other  works,  and  for  all  purposes  of  this  act, 
said  town  of  Uxl)ridge  may  dig  up  any  such  lands,  and,  J^uJg'^e^t"^ 
under  the  direction  of  the  board  of  selectmen  of  the  town  "?''e'- dii.ction 

,  ...  1    °^  selectmeu. 

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. 

Sectiox  2.  Said  town  of  Uxbridge  shall  within  ninety  Description  of 
days  after  the  taking  of  any  lands,  rights  of  way,  water  ife  reco'rdLd. 
rights,  water  sources  or  easements  as  aforesaid,  other  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  Worcester  district  of  the  county  of 
"Worcester  a  description  thereof  sufficiently  accurate  for 
identitication,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  water  commissioners 
hereinafter  provided  for. 

Section  3.  Said  town  of  Uxbridge  shall  pay  all  dam-  Damages, 
ages  sustained  by  any  person  or  corporation  in  property 
by  the  taking  of  any  land,  right  of  way,  water,  water 
source,  water  right  or  easement,  or  any  other  thing  done 
by  said  town  under  the  authority  of  this  act.  Any  person 
or  corporation  entitled  to  damages  as  aforesaid  under  this 
act,  who  fails  to  agree  with  said  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 


212 


Acts,  1895.  — CnAr.  205. 


Vxbridge 
Water  Loan. 


Sinking  fund. 


Maj-  provide 
for  annual  pny- 
ments  on  loan. 


Return  to  ptate 
nraoiuit  of  Bink- 
ing  fund,  etc. 


application  at  any  time  within  one  year  from  the  taking 
of  8uch  land  or  other  property  or  the  doinir  of  any  other 
injury  under  the  authority  of  this  act ;  but  no  aj)plicati()n 
t?hall  })e  made  after  the  expiration  of  said  one  year.  No 
application  for  assessment  of  damages  shall  be  made  for 
the  taking  of  any  water  or  water  rights,  or  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  town  under  the  authority  of  this  act. 

Section  4.  Said  town  of  Uxbridge  may,  for  the  jjur- 
pose  of  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  aggregate  eighty  thousand  dollars ;  such  l)onds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Uxbridge 
Water  Loan ;  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  forty  years  from  the  date  of  issue ;  shall 
bear  interest  payable  semi-annually  at  a  rate  not  exceed- 
ing five  per  cent,  per  annum,  and  shall  be  signed  in  the 
name  of  said  town  b}'  its  treasurer,  and  be  countersigned 
by  the  water  commissioners  hereinafter  provided  for.  Said 
town  may  sell  said  securities  at  pul)lic  or  private  sale,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
this  act,  upon  such  terms  and  conditions  as  it  may  deem 
proper.  Said  town  shall  pay  the  interest  on  said  loan  as 
it  accrues,  and  shall  provide  at  the  time  of  contracting 
said  loan  for  the  establishment  of  a  sinking  fund,  and  shall 
annually  contribute  to  such  fund  a  sum  sufficient  M'ith  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  5.  Said  town  instead  of  establishing  a  sinking 
fund  may  at  the  time  of  authorizing  said  loan  jn-ovide  for 
the  payment  thereof  in  such  annual  payments  as  will 
extinguish  the  same  within  the  time  prescribed  in  this 
act ;  and  when  such  vote  has  been  passed  the  amount 
required  there]\y  shall  without  further  vote  be  assessed  l)y 
the  assessors  of  said  town  in  each  year  thereafter  until  the 
del)t  incurred  by  said  town  shall  be  extinguished,  in  the 
same  manner  as  other  taxes  are  assessed  under  the  pro- 
visions of  section  thirty-four  of  chapter  eleven  of  the 
Pul)lic  Statutes. 

Section  6.  The  return  required  by  section  ninetv-one 
of  chapter  eleven   of  the  Public  Statutes  shall  state  the 


Acts,  1895.  — Chap.  205.  213 

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  five  of  this 
act,  and  shall  also  state  the  amounts  raised  and  applied 
thereunder  for  the  current  year. 

Section  7.  Said  town  shall  raise  annually  by  taxation  Payment  of 
a  sum  which  with  the  income  derived  from  the  water  rates  ®^P''°^*'*' '='°- 
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  tow^n, 
and  to  make  such  contributions  to  the  sinking  fund  and 
payments  on  the  principal  as  may  be  required  under  the 
provisions  of  this  act.  Said  town  is  further  authorized, 
by  a  two  thirds  vote  of  the  voters  of  said  town  present 
and  voting  at  any  legal  town  meeting,  to  raise  by  taxation 
any  sum  of  money  for  the  purpose  of  enlarging  or  extend- 
ing its  water  works  and  providing  additional  appliances 
and  fixtures  connected  therewith,  not  exceeding  five  thou- 
sand dollars  in  any  one  year. 

Section  8.  Whoever  wantonly  or  wilftiUy  corrupts,  Pennityfor 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  watTrfeuT.  ° 
this  act,  or  under  rights  acquired  by  said  town  from  the 
Uxbridge  Water  Company,  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,  or  under 
rights  acquired  from  said  water  company,  shall  forfeit  and 
pay  to  said  town  three  times  the  amount  of  damages 
assessed  therefor,  to  l)e  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.     Said  town  shall,  after  the  acceptance  of  '^^ter 

1  1  •  .  commissioners, 

this  act,  at  a  legal  meeting  called  for  the  purpose  elect  l)y  election,  terms, 
ballot  three  persons  to  hold  ofiice,  one  until  the  expiration  ^ 
of  three  years,  one  until  the  expiration  of  two  years  and 
one  until  the  expiration  of  one  j^ear  from  the  next  succeed- 
ing annual  town  meeting,  to  constitute  a  board  of  water 
commissioners ;  and  at  each  annual  town  meeting  there- 
after one  such  commissioner  shall  be  elected  by  ballot  to 
hold  office  for  the  term  of  three  years.  All  the  authority 
granted  to  the  town  by  this  act  and  not  otherwise 
specifically  provided  for,  and  all  the  authority  acquired 
by  said  town  through  its  purchase  of  the  property  and 
rights  of  the  Uxbridge  Water  Company,  shall  be  vested 


211 


Acts,  1895.  — Chap.  206. 


To  be  truRtpee 
of  siukiog  fund, 


Vacancy. 


Certain  rights 
of  Meudou  uut 
affected. 


■When  to  take 
effect. 


in  said  board  of  water  commissioners,  but  said  commis- 
sioners shall  be  subject  liowever  to  such  instructions, 
rules  and  regulations  as  said  town  may  impose  by  its 
vote ;  and  said  commissioners  shall  be  trustees  of  the 
sinking  fund  herein  provided  for  and  of  the  sinking  fund 
now  ])rovi(lcd  for  the  water  loan  now  outstanding  of  said 
town,  and  a  majority  of  said  connnissioners  shall  constitute 
a  quorum  for  the  transaction  of  business  relative  both  to 
the  Avater  works  and  to  the  sinking  funds.  Any  vacancy 
occurring  in  said  l)()ard  from  any  cause  may  be  filled  for 
the  remainder  of  the  unexpired  term  by  said  town  at  any 
legal  town  meeting  called  for  the  purpose. 

Section  10.  Nothing  in  this  act  shall  be  so  construed 
as  to  preclude  the  town  of  Mendon,  having  received  due 
authority  from  the  legislature,  fi-om  taking  the  waters  of 
said  ]Mendon  pond  for  the  use  of  its  inhabitants  for 
domestic,  fire  or  other  purposes,  whenever  the  said  toAvn 
may  legally  elect  so  to  do  ;  or  to  preclude  said  town  of 
INIendon  from  all  the  rights  and  privileges  granted  by 
section  one  of  this  act  to  the  toAvn  of  Uxbridge.  And 
nothing  in  this  act  shall  be  so  construed  as  to  prevent  the 
inhal)itants  of  the  town  of  ]\lendon  from  taking  from 
Mendon  pond  so  much  of  the  waters  in  this  act  granted 
as  shall  be  necessary  for  extinguishing  fires  and  for  all 
ordinary  farm,  domestic  and  household  purposes,  and  for 
the  generation  of  steam ;  or  from  cutting  and  carrying 
away  ice  from  said  pond. 

Section  11.  This  act  shall  take  efiect  upon  its  accept- 
ance by  a  two  thirds  vote  of  the  voters  of  the  town  of 
Uxbridge  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  })urpose  within  three  years  from  its  pas- 
sage ;  but  the  number  of  meetings  so  called  in  any  year 
shall  not  exceed  three.  Approved  March  30,  lS9o. 


ChCin.2iO(j  ^  ■^^'^  RELATIVE    TO    THE    IXCOME    FROM    THE    WATER    SUPPLIES 

OF   TUE   CITY   OF   BOSTON. 


]?92,  213,  §  1, 
amended. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  one  of  chapter  two  hundred  and 
thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two  is  hereby  amended  by  striking  out  all  after 
the  word  "pipes",  in  the  eleventh  line,  and  inserting  in 
place  thereof  the  words  : — and  such  other  purposes  con- 
nected with  the  water  supplies  of  said  city  as  the  city 
council  mav  determine,  —  so  as  to  read  as   follows:  — 


Acts,  1895.  — Chaps.  207,  208.  215 

Section  1.     The  board  or  authority  having  for  the  time  income  from 
being  charge  of  the  water  supplies  of  the  city  of  Boston  of''dty''oT^  "^* 
shall  tix  the  prices,  or  rents  for  the  use  of  water  from  said  ^°"°°- 
supplies  ;  and  the  income  received  therefrom,  after  deduct- 
ing all  expenses  and  charges  of  distribution,  shall  be  ap- 
plied, —  first,  to  the  payment  of  the  interest  on  the  loans 
incurred  for  furnishing  and  developing  said  supplies,  — 
second,  to  the  payment  of  the  sinking  fund  requirements 
for  said  loans,  iu  accordance  with  the  provisions  of  chap- 
ter twenty-nine  of  the  Public  Statutes,  —  third,  to  the 
purchase  and  laying  of  water  pipes  and  such  other  pur- 
poses connected  with  the  w^ater  supplies  of  said  city  as 
the  city  council  may  determine. 

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

Approved  March  30,  1895. 

An  Act  relative  to  registeaks  of  voters.  ChciJ^.^Ol 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     Section  thirty-five  of  chapter  four  hundred  ^melidLd  ^  ^^* 
and  seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  herel\y  amended  by  inserting  in  the  sixth 
line,  after  the  word  "peace",  the  words:  —  notary  pub- 
lic, —  so  as  to  read  as  follows  :  —  Section  35.     No  person  Registrars  of 
shall  be  appointed  a  registrar  of  voters  or  an  assistant  reg-  hoid'otho"" 
istrar  of  voters,  who  is  not  a  qualified  voter  of  the  city  or  o'^'^^,  etc. 
town  for  which  he  is  appointed,  and  no  person  shall  be  so 
appointed  who  holds  an  ofiice  by  election  or  appointment 
under  the  government  of  the  United  States  or,  except  as 
a  justice  of  the  peace,  notary  public,  or  an  officer  of  the 
state  militia,  of  the  Commonwealth,  or  who  holds  an  office 
in  the  city  or  town  for  which  he  is  appointed  either  by 
election  or  by  direct  ap}X)intment  of  the  mayor  of  the  city 
or  of  the  selectmen  of  the  town.     The  acceptance  by  a 
registrar  or  assistant  registrar  of  an  office  which  he  is  so 
prohibited  from  holding,  shall  be  taken  to  be  a  resignation 
of  his  office  as  registrar  or  assistant  registrar. 

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

Approved  March  80,  1895. 

An  Act  to  confirm  the  organization  and  the  acts  of  the  Chap.208 

christian  camp  meeting  association. 
Be  it  enacted,  etc. ,  as  foJloivs  : 

Section  1.  The  incorporation  of  the  Christian  Camp  incorporation  of 
Meeting  Association  is  hereby  ratified,  confirmed  and  made  Meeting  as^ocj. 
valid,  notwithstanding  any  informality,  inaccuracy  or  mis-  ''""'^  <=°"'^'''"^'^- 


216         ^  Acts,  1895.  — Chap.  209. 

statement  in  the  records  of  said  corporation ;  and  all  the 
acts  and  proceedings  of  said  corporation  since  the  date  of 
its  incori)oration  are  hereby  ratified  and  confirmed  and 
made  valid ;  and  said  corporation  is  hereby  granted  all 
general  powers,  rights  and  privileges  vested  in  corpora- 
tions organized  under  chapter  one  hundred  and  fifteen  of 
the  Public  Statutes  and  acts  in  amendment  thereof. 

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

Approved  March  30,  1895. 


Chap,200 


An  Act  relative  to  insolvent  debtoks. 
Be  it  enacted,  etc.,  as  follows: 
Creditors  may         Section  1.     If  a  pci'son  arrcstcd  on  mesne  process  in  a 

apply  for  ibe  .     .,        ^-         i-       xi  ^  i  i        i     i    ii  i 

seizure  and  civil  actiou  tor  the  suiu  ot  ouc  huiidred  dollars  or  upwards, 
estate  of  certain  fouiided  upou  a  demand  in  its  nature  provable  against  the 
debtors.  estate  of  an  insolvent  debtor,  has  not  given  bail  therein 

on  or  before  the  return  day  of  such  process,  or  has  been 
actually  imprisoned  thereon  for  more  than  thirty  days ; 
or  if  a  person  whose  goods  or  estate  are  attached  on  mesne 
process  in  such  action  founded  upon  such  contract  has  not 
before  the  return  day  of  such  process  dissolved  the  attach- 
ment 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  con- 
cealed himself  to  avoid  arrest,  or  any  part  of  his  property 
to  prevent  its  l)eing  attached  or  taken  on  a  legal  })rocess ; 
or  procured  himself  or  his  property  to  be  arrested,  attached, 
or  taken  on  any  legal  process ;  or  made  a  fraudulent  l)ay- 
inent,  conveyance,  or  transfer  of  any  part  of  his  property  ; 
or,  being  a  banker,  broker,  mercliant,  trader,  manufact- 
urer, contractor,  builder  or  miner,  has  fraudulently  stopped 
payment,  or  has  stopped  or  suspended  and  not  resumed 
j)ayment  of  his  commercial  paper  within  a  period  of  four- 
teen days ;  any  three  or  a  less  numl)er  of  his  creditors 
whose  claims  or  coml)ined  claims  proval)le  against  his 
estate  amount  to  one  hundred  dollars  may,  within  ninety 
days  thereafter,  or  in  the  case  of  an}'  such  fraudulent  con- 
veyance of  real  estate,  within  ninety  days  after  the  same 
has  been  recorded,  if  the  (lebtor  has  resided  in  the  state 
within  one  year,  apply  l)y  petition  to  the  judge  for  the 
county  in  which  the  debtor  has  last  resided,  or  had  a  usual 
place  of  business,  for  three  consecutive  months  before  the 
application,  if  he  has  resided,  or  had  a  usual  place  of 
business,  for  that  time  in  any  county,  otherwise  to  the 


Acts,  1895.  — Chaps.  210,  211.  217 

judge  for  the  county  within  which  he  resides  or  last  re- 
sided, or  has  or  hist  had  a  usual  phice  of  business,  setting 
forth  the  facts  and  the  nature  of  their  claims,  verified  by 
oath,  and  praying  that  his  estate  may  be  seized  and  dis- 
tributed according  to  the  provisions  of  chapter  one  hun- 
dred and  fifty-seven  of  the  Public  Statutes  and  acts  in 
amendment  thereof  and  in  addition  thereto. 

Section  2.  Section  one  hundred  and  twelve  of  chapter  Repeal. 
one  hundred  and  fifty-seven  of  the  Pul)lic  Statutes,  chapter 
four  hundred  and  thirty-one  of  the  acts  of  the  year 
eighteen  hundred  and  ninety,  section  two  of  chapter  four 
hundred  and  five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  and  chapter  two  hundred  and  sixty-one 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four 
are  hereby  repealed.  Approved  April  4,  1895. 

An  Act  RELAxrvE  to  accounts  in  probate  courts.  Chct7).2^ 

Be  it  enacted,  etc.,  as  folloios : 

Sectiox  1.  All  accounts  rendered  to  probate  courts  by  schedules  of 
executors,  administrators,  trustees  and  guardians  shall  bo  executor,  etc. 
for  a  period  distinctly  stated  therein,  and  shall  consist  of 
not  less  than  three  schedules,  one  schedule  showing  the 
amount  of  the  personal  property  according  to  the  inven- 
tory, or  in  place  thereof  the  amount  of  the  balance  of  the 
previous  account  rendered,  as  the  case  may  be,  and  all 
income  and  other  property  received  and  all  gains  from  the 
sale  of  any  property  or  otherwise ;  a  second  schedule 
showing  payments,  charges,  losses  and  distributions,  and 
a  third  schedule  showing  tlie  investment  of  the  Imlance  of 
such  account,  if  any,  and  changes  of  investment.  All 
accounts  of  trustees  shall  state  separately  the  receipts  of 
income  and  principal ;  and  payments  and  charges  on 
account  of  such  income  and  principal  shall  also  be  sepa- 
rately stated. 

Section  2.     All   acts   and   parts    of  acts  inconsistent  Repeal. 
herewith  are  hereby  repealed. 

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

Approved  April  4,  1895. 

An  Act  to  authorize  the  city  of  springfield  to  take  land  Q]iap.'2tW 

FOR  THE   erection   OF  PUBLIC   SCHOOL  BUILDINGS. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The   city   of    Springfield,    acting   by   its  May  take 
board  of  aldermen,  is  hereby  authorized  to  take,  by  pur-  estate,  etc. 


218 


Acts,  1895.  — Chap.  212. 


Description  of 
land  to  be 
recorded. 


Damages. 


City  may  off  it 
a  epecilied  sum, 
etc. 


chase  or  otherwise,  in  fee,  at  any  time  within  the  period 
of  one  }-ear  from  the  passage  of  this  act,  the  whole  or  any 
part  of  certain  real  estate  in  said  city  bonnded  northerly 
by  State  street,  easterly  by  land  of  James  W.  Kirkman, 
southerly  by  Temple  street,  and  westerly  by  land  of  said 
city ;  said  real  estate  so  taken  to  be  used  in  connection 
with  said  real  estate  of  said  city,  for  the  erection  of  a 
building  or  buildings  to  be  used  for  public  school  purposes. 

Section  2.  The  order  for  such  takings  shall  be  approved 
by  the  mayor,  who,  within  thirty  days  from  his  approval 
of  any  such  order,  shall  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  of  Hampden  a  description 
of  the  land  so  taken,  sufficiently  accurate  for  identification, 
with  his  statement  of  the  purpose  for  which  such  lands 
were  taken  under  this  act. 

Section  3.  The  city  of  Springfield  shall  pay  all  dam- 
ages sustained  by  any  person  by  the  taking  of  lands  or 
other  property  hereunder.  Any  person  sustaining  dam- 
ages as  aforesaid,  who  fails  to  agree  with  the  city  as  to 
the  amount  of  damage  sustained,  may  have  his  damages 
assessed  and  determined  in  the  manner  provided  by  law 
where  land  is  taken  for  the  laying  out  of  highways,  on 
application  at  any  time  within  the  period  of  one  year  from 
the  taking  of  such  land  or  property. 

Sectiox  4.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages,  or  for  a  jury  hereunder,  the  said  city 
may  offer  in  court  and  consent  in  writing  that  a  sum  therein 
specified  may  be  awarded  as  damages  to  the  complainant ; 
and  if  the  complainant  shall  not  accept  the  same  within  ten 
days  after  he  has  received  notice  of  such  ofler,  and  shall 
not  finally  recover  a  greater  sum  than  the  one  oflered,  not 
including  interest  on  the  sum  recovered  in  damages  from 
the  date  of  the  offer,  the  said  city  shall  be  entitled  to 
recover  its  costs  after  said  date,  and  the  complainant  if  he 
recovers  damages  shall  be  allowed  costs  only  to  the  date, 
of  the  offer,  unless  the  damages  so  recovered  shall  be  in 
excess  of  the  amount  oflered  by  said  city  as  aforesaid. 

Apj)rove(l  April  4,  1895. 


ChClJ)  212  ^^   "^^^  RELATIVE  TO   THE   PAYMENT     IJY 
THE   TUITION   OF   CIIILDHEN   ATTENDING 


THE   COMMONWEALTH   OF 
SCHOOL   OUTSIDE   OF     THE 
TOWN  IN  WHICH   THEY    KESIDE. 

Be  it  enacted^  etc.,  as  folloios : 
Expenses  on  Sectiox  1.     Auv  town,  the   Valuation  of  which   does 

tioTof'cwidren  i^^t  cxcccd  fivc  huudrcd  thousand  dollars,  shall  be  entitled 


Acts,  1895.  — Chaps.  213,  214.  219 

to  receive  from  the  treasury  of  the  Commonwealth  all  |,°  rs^.d*"-™" 
necessary  sums  Avhich  have  been  actually  expended  under  certain  cases. 
the  provisions  of  section  one  of  chapter  four  hundred  and 
thirty-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  and  which  shall  be  certified  under  oath  to  the 
state  board  of  education  by  the  school  committee  of  such 
town,  within  thirty  days  next  following  that  in  which  the 
expenditure  is  made. 

Sectiox  2.     This  act  shall  not  apply  except  when  such  {^j!.ppjo°°^* '° 
high  school  shall  have  been  approved  by  the  state  board 
of  education. 

Sectiox  3.     This  act  shall  take  eifect  upon  its  passage. 

Approved  April  4,  1895. 

An  Act  ijelative  to  the  licensing  and  regulating  of  stables  (Jhdj)  91 Q 

IN    CITIES. 

Be  it  enacted^  etc.^  as  follows: 

Sectiox  1.     No  person  shall  hereafter  erect,  occupy  or  The  erection, 
use  for  a  stable  any  l)uilding  in  any  city  whose  population  ru*'certafn''cuie8 
exceeds  fifty  thousand,  unless  first  licensed  so  to  do  by  the  i^esui^'ed. 
board  of  health  of  said  city,  and  in  such  case  only  to  the 
extent  so  licensed. 

Section  2.     The  foregoing  provisions  shall  not  be  con-  occupation  of 

,  -,    .  ,  ix«  1  1-1  certain  build- 

strued  to  prevent  any  such  occupation  and  use  whicli  may  ings  not 
be  authorized  by  law. at  the  time  of  the  passage  of  this  act,  ^'^®'=^^'^- 
to  the  extent  and  hy  the  person  or  persons  so  authorized : 
provided,  however,  that  the  board  of  health  of  any  such  Proviso, 
city  may  make  such  regTilations  or  orders  respecting  the 
drainage,  ventilation,  number  of  animals,  and  the  storage 
and  handling  of  manure,  in  any  existing  stables  in  their 
respective  cities   as  in  their  judgment  the  public  health 
requires. 

Section  3.  Whoever  violates  the  provisions  of  this  Penalty,  etc 
act  or  of  any  regulation  or  order  made  pursuant  thereto, 
shall  be  punished  by  a  fine  of  five  dollars  for  each  day  such 
offence  continues  ;  and  any  court  having  equity  jurisdiction 
may  restrain  any  such  erection,  occupation  or  use  contrary 
to  the  provisions  of  this  act.         A2)2>roved  April  4,  1895. 


Chap.2U 


An  Act  to  increase  the  annual  appropriation  for  the  work 
of  the  d^ury  bureau  of  the  state  board  of  agkiculture. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   dairy  bureau  of  the  state  board  of  Dairy  bureau. 
agriculture  may  expend  a  sum  not  exceeding  seven  thou- 
sand dollars  annually  in  carrying  forward  the  work  of  said 


220  Acts,  1895.  —  CiiArs.  215,  216. 

bureau,  subject  to  the  provisions  of  chapter  four  liundred 
aud  twelve  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  and  acts  in  amendment  thereof  and  in  addition 
thereto. 
Repeal.  Section  2.     So  much  of  section  eight  of  said  chapter 

as  is  inconsistent  herewith  is  hereby  repealed. 

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

Ai^proved  April  4,  1895. 


Chap.2h 


An  Act  relative  to  the  jtjrisdiction  of  probate  courts  and 

COURTS   OF  insolvency. 

Be  it  enacted^  etc.,  as  follows: 

ufbe'^L'iwayr*         Section  1.     For  matters  in  equity,  for  all  hearings, 

open  except  on    for  procecdiiigs  in  contempt,  and  for  making  orders  and 

decrees  in  such  matters,  the  probate  courts  and  the  courts 

of  insolvency  in  each  county  shall  always  be  open  except 

on  holidays  established  by  law. 

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

Approved  April  4,  1895. 

C^rt10.216  *^^    "^^^    "^^    EXEMPT   THE   COUNTY    OF    BARNSTABLE    FROM    ESTAB- 

LISIIING  A  TRUANT   SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 
To  be  exempt         Section  1.     The  couutv  of  Bamstablc  shall  be  exempt 

from  provisions  ,  -J  I 

of  1S94, 498,  from  the  provisions  of  section  sixteen  of  chapter  four  hun- 
dred and  ninety-eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four  and  acts  in  amendment  thereof  and 
in  addition  thereto. 

County  Section  2.     The  county  commissioners  of  the  county 

commissioners  "^  *' 

may  asHigii  a      of  Bamstablc  may  assign  any  truant  school  established  by 
etc.  '     law  in  this  Commonwealth  as  the  place  of  confinement, 

discipline  and  instruction  of  children  convicted  under  the 
provisions  of  sections  nineteen  and  twenty-one  of  cha})tcr 
four  hundred  and  ninety-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  and  acts  in  amendment 
thereof  and  in  addition  thereto ;  and  shall  pay  for  their 
support  in  said  school  such  i-easonable  sum  as  the  com- 
missioners having  control  of  said  school  may  determine. 
A  sum  not  exceeding  two  dollars  a  week  for  each  child, 
of  the  amount  so  paid  for  the  support  of  any  child,  may 
be  recovered  by  the  county  of  Barnstable  from  the  town 
in  which  said  child  resides. 

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

Ajiproved  April  4,  1895. 


Acts,  1895.  — Chaps.  217,  218,  219.  221 


Ax   Act    to    authorize    cities    and    TOAVNS    to    pay  interest    on  (JJinry  217 

PUBLIC  gifts  in  certain  cases. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Any  city  acting  through  its  city  council,  cities  and  towns 
or  any  town  at  a  town  meeting  legally  called  and  held,  may  on  certain  cash 
contract  to  pay  interest  at  a  rate  not  exceeding  four  per  ^'  '^' 
cent,  per  annum  during  the  life  or  lives  of  any  person  or 
persons  in  being  at  the  time  of  entering  into  such  contract, 
upon  the  amount  of  any  cash  gift  which  it  may  lawfully 
receive. 

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

Approved  April  4,  1895. 

An  Act  relatuve  to  sentences  to  the  reformatory  prison  C'/i^7).218 

FOR  women. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1 .     A  convict  shall  not  be  sentenced  to  impris-  sentences  to 

,     .        , ,  ^  ,  •  />  i'  1  reformatory 

onmeut  m  the  reiormatory  prison  tor  women  tor  a  less  prison  for 
time  than  one  year,  except  as  provided  in  chapter  two  hun-  ^°'"^'^- 
dred  and  sixty  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four. 

Section  2.     All  acts  and  parts  of  acts  inconsistent  here-  Repeal. 
with  are  hereby  repealed.  Approved  April  4,  1893. 

An  Act  to  authorize  the  city  of  taunton  to  construct  a  (7^f^r),219 
system  of  sewerage. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Taunton  is  hereby  authorized,  Sl|y  1°  y'^ou"?' °° 
through  a  board  of  commissioners  hereinafter  provided  for,  construct,  etc., 

J         1  1  J  ,  '     1     •  -I  1  *  system  of 

to  lay  out,  construct,  maintain  and  operate  a  system  or  sewerage,  etc. 

systems  of  main  drains  and  common  sewers  for  a  part  or 

the  whole  of  its  territory,  and  also  a  system  of  sewage 

disposal  for  said  city,  to  be  constructed,  maintained  and 

operated  in  connection  with  its  main  drains  and  common 

sewers  hereby  authorized,  when  adopted  by  its  city  council. 

Any  such  system  or  systems  of  sewerage  or  sewage  dis-  to  be  approved 

posal  shall  he  subject  to  the  approval  of  the  state  lioard  of  health."'*' 

of  health  before  their  final  adoption  by  said  city  council, 

after  due  notice  to  all  parties  interested  therein. 

Section  2.     Said  board  shall  consist  of  three  commis-  commissioners, 
sioners,   who  shall  be  citizens  of  said  city  and  shall  he  urms"eic?'' 
appointed  by  the  mayor  subject  to  confirmation  or  rejection 


222  Acts,  1895.  — Chap.  220. 

by  the  board  of  aldermen.  They  shall  hold  their  offices, 
one  for  the  term  of  one  year,  one  for  the  term  of  two 
years  and  one  for  the  term  of  three  years  from  the  first 
day  of  February  preceding  their  appointment  and  until 
their  successors  are  appointed  and  qualihed ;  and  there- 
after, in  the  month  of  January  in  each  year,  one  per.son 
shall  be  appointed  as  a  member  of  such  board,  who  shall 
hold  his  office  for  three  years  from  the  lirst  day  of  February 
then  next  ensuing. 
Powers,  Section  3.      Said   commissioners   shall  have   all  the 

powers  and  be  subject  to  all  the  duties  and  lial)ilities 
now  conferred  or  uuposed  upon  the  mayor  and  aldermen 
by  the  charter  of  said  city  and  by  the  statutes  of  the 
Commonwealth,  relating  to  drains  and  common  sewers 
and  the  disposal  of  sewage.  Said  commissioners  shall 
annually,  in  the  month  of  February,  appoint  a  clerk,  and 
may  appoint,  but  not  from  their  own  number,  a  sujierin- 
tendent  of  sewers,  and  may  remove  said  clerk  and  super- 
intendent at  their  pleasure.  The  compensation  of  said 
clerk  and  superintendent  shall  be  fixed  by  the  city  council. 
Not  to  make  Section  4.     All  coutracts  made  by  Said  commissiouers 

?imu'nppIop'*Ha.  for  tlic  purposcs  of  this  act  shall  be  the  contracts  of  the 
tioiiismade.etc.  ^,[^^y^  l^,^(;  jjq  eoutract  shall  be  made  b}'  said  conmiissioners 
which  requires  the  expenditure  of  money  until  an  appro- 
priation therefor  has  been  made  by  the  city  council.  Said 
commissioners  shall  l)e  subject  to  such  ordinances,  rules, 
regulations  and  orders  as  the  city  council  may  from 
time  to  time  make  or  establish,  and  shall  be  subject  to 
Vacancy,  Tcmoval  by  the  mayor  for  cause.     Any  vacancy  in  said 

board  shall  be  filled  by  appointment  to  be  made  by  the 
mayor,  subject  to  confirmation  or  rejection  by  the  board 
of  aldermen. 
-When  to  take  SECTION  5.  Tliis  act  shall  take  efiect  when  accepted 
by  the  city  council  of  the  city  of  Taunton,  but  shall  be 
void  if  not  accepted  within  one  year  after  its  passage. 

Approved  April  4,  1895. 
Ax  Act   kelative  to  the  election  of  cektaix  officers  axd 

THE   ASSESSMENT   OF   TAXES   IN   CITIES  WHOSE   "WARD   LINES   HAVE 
BEEN   CHAN(iED. 

Be  it  enacted^  etc.,  asfoUoivs: 
Ward  lines  ex-        Section  1.     For  the  purposcs  of  all  elections  in  the 
tonewdhiBion   year  oi  any  new  division  ot  a  city  into  wards,  including 
for^ceriaia         elcctions  of  representatives  to  the  general  court,  members 
purposes.  ^£  ^j^^  commou  council,  and  other  officers,  and  for  the 


effect. 


Chap.220 


Acts,  1895.  — Chap.  221.  223 

purposes  of  any  election  held  prior  to  the  annual  state 
election  in  the  next  succeeding  year  for  filling  a  vacancy 
among  officers  so  elected,  or  a  vacanc}"  caused  by  failure 
to  elect,  and  for  the  purposes  of  assessing  taxes  in  the 
year  eighteen  hundred  and  ninety-five,  the  wards  and 
voting  precincts  as  existing  previous  to  such  new  division 
shall  continue,  and  for  such  purposes  the  election  officers 
shall  be  appointed  and  hold  office,  and  voting  lists  shall 
be  prepared  for  each  such  voting  precinct,  and  all  other 
things  required  by  law  shall  be  done  as  if  no  such  division 
had  been  made. 

Section  2.     Section  ninety-nine  of  chapter  four  hun-  Repeal. 
dred    and    seventeen    of  the   acts  of  the   year   eighteen 
hundred  and  ninety-three  is  hereby  repealed. 

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

Approved  April  4,  1895. 


Cliap2\ll 


An  Act  to  authorize  the  towx   of  reading   to   incur  in- 
debtedness FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  town  of  Reading,  for  the  purpose  of  ?;^i]^j,ed"neps 
acquiring  land  for  a  new  school  building  and  for  erecting  issue  bonds,  etc. 
and  furnishing  said  building,  may  incur  indebtedness  to 
an  amount  not  exceeding  forty  thousand  dollars,  and  may 
issue  negotiable  bonds  or  certificates  of  indebtedness 
therefor,  payable  in  periods  not  exceeding  twenty  years 
from  the  date  of  issue. 

Section  2.  The  provisions  of  chapter  twenty-nine  of  f^gf ■  j^^^^ 
the  Public  Statutes  and  of  chapter  one  hundred  and  twenty-  apply.  '^I'c- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four,  except  so  far  as  herein  otherwise  provided,  shall 
apply  to  the  issue  of  such  bonds  or  certificates  of  indebted- 
ness :  provided,  that  the  said  town  instead  of  establishing  Proviso. 
a  sinking  fund  may  by  a  majority  vote  at  any  time  within 
three  years  from  the  first  issuance  of  the  loan  provide  for 
the  payment  of  such  bonds  or  certificates  of  indebtedness 
in  such  proportionate  payments  as  will  extinguish  the 
same  w^ithin  the  time  prescribed  by  this  act ;  and  when 
such  vote  has  been  passed  the  amount  required  shall 
without  furthef  vote  be  assessed  by  the  assessors  in  each 
year  thereafter  until  the  debt  incurred  by  said  loan  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  aro 
assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 


224  Acts,  1895.  — Chaps.  222,  223,  224. 

mnountoVs'ink-  Sectiox  3.  TliG  rcturii  required  by  section  iiinety- 
iug  fund,  etc.  one  of  chapter  eleven  of  the  Public  Statutes  shall  state  the 
amount  of  shikinj^:  fund  established  under  this  act,  and  if 
none  is  established  whether  action  has  been  taken  in 
accordance  Avith  the  provisions  of  the  preceding  section 
and  the  amount  raised  and  applied  thereunder  for  the 
current  year. 

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

Apjjroved  April  4,  IS 95. 

QjfCin.2.22i  -^^  -^^T    to    AUTnOmZE    THE    TOWX    OF   GRANVILLE   TO   REFUND   A 

PORTION   OF  ITS   INDEBTEDNESS. 

Be  it  enacted,  etc.y  as  follows: 

wfdrnotesor       Sectiox  1.     The  towu  of  Grauville,  for  the  purpose 

scrip,  etc.  of  refunding  a  portion  of  its  existing  indebtedness,  may 

issue  bonds,  notes  or  scrip  to  an  amount  not  e^xceeding  ten 

thousand  dollars,  payal)le  in  periods  not   exceeding  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 

p.  s.  29,  etc.,      provisions  of  chapter  twenty-nine  of  the  Public  Statutes 

toappij.  ,^j^j  ^£  ^^^^  .^  amendment  thereof  and  in  addition  thereto 

shall  in  all  other  res})ects,  so  far  as  applicable,  a})ply  to 

the  indebtedness  authorized  by  this  act  and  the  securities 

issued  therefor. 

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

Approved  April  4,  1895. 

CllClV''^^^  An  Act  to  authorize  the  new  England  conservatory  of  music 

TO   HOLD  additional  REAL   AND   PERSONAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
May  hold  Section  1.     The  New  Enirland  Conservatorv  of  Music 

estate.  is  hcrcby  authorized  to  hold  real  and  personal  estate  to 

the  amount  of  fifteen  hundred  thousand  dollars. 

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

Apjvoved  April  4,  1895. 

(J]ian.'2!24:  ^"^    ^^"^    RELATIVE    TO    CERTAIN    DTSCRETIONART  SENTENCES    AND 
COMMITMENTS  TO  THE  HOUSE  OF  INDUSTRY  IN  BOSTON. 

Be  it  enacted,  etc.,  asfolloics: 

t^1ni"r?8onment      Section  1.     In  all  cases  in  which  municipal  or  district 
In  house  of        courts  In  the  city  of  Boston  are  authorized  to  sentence  to 


Acts,  1895.  — Chaps.  225,  226.  225 

imprisonment  in  the  liouse  of  correction  or  county  jail,  or  industryin 
to  commit  thereto  for  non-payment  of  tine  or  expenses  of 
prosecution,  said  courts  may  instead,  at  their  discretion, 
sentence  to  imprisonment  in  the  house  of  industry  of  said 
city  or  commit  thereto. 

Section  2.     All  acts   and   parts    of  acts   inconsistent  Repeal. 
herewith  are  hereby  repealed. 

Sectio:^^  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  4,  1893. 


C7iap.225 


An  Act  to  extend  the  time  avithix  wnicn    certain   deists 

INCCRKED  BY  THE   TOWN  OF   I'LYJIOUTII  MAY  BE  MADE  PAYABLE. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  town  of  Plymouth  is  hereby  author-  Time  of  pay. 

.1  ,  ,  .  .  1    1  J        !•'        J 1  r>         T         1    nient  of  certain 

ized,  when  contracting  del)ts  tor  the  ]uirposes  ot  scuool  debts  extended. 
lots,  for  the  construction  of  school  buildings,  for  the  lay- 
ing out,  altering  or  widening  of  ways,  and  for  paving  or 
macadamizing  streets  in  said  town,  to  make  all  such  debts 
payable  within  a  period  not  exceeding  thirty  years. 

Section  2.     This  act  shall  take  eflect  when  accepted  by  when  to  take 

effect 

the  town  of  Plymouth.  Approved  April  4,  1895. 

An  Act  to  authorize  the  toavn  of  Plymouth  to  refund  its  QJinyy  226 

INDEBTEDNESS.  "' 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  town  of  Plymouth,  for  the  purpose  May  issue 
of  refunding  its  existing  indebtedness,  may  from  time  to  o?Bcdp"etc! 
time  issue  bonds,  notes  or  scrip  therefor,  to  an  anioant 
not  exceeding  two  hundred  thousand  dollars,  payable  at 
periods  not  exceeding  thirty  years  from  the  date  thereof. 
Said  bonds,  notes  or  scrip  shall  bear  interest  payable  semi- 
annually at  a  rate  not  exceeding  four  and  one  half  percent. 
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.     Said  town  shall,  at  the  time  of  authorizing  Toprovidefor 
the  issue  of  said  bonds,  notes  or  scrip,  provide  for  the  meut's  onToan. 
payment  thereof  in  annual  payments  of  such  sums  as  will 
in  the  aofsreijate   extino'uish  the   same  within   the   time 
prescribed  in  this  act. 

Section  3.     The  provisions  of  chapter  twenty-nine  of  ^■fppfy.^"^'' 
the  Public  Statutes  and  of  acts  in  amendment  thereof  shall 
in  all  other  respects  apply  to  the  issue  of  said  bonds, 
notes  or  scrip. 

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

Approved  April  4,  1895. 


226  Acts,  1895.  — Chaps.  227,  228. 


Chan  227  ^^  ^^^^  KELATH-E  to  LAYIXG  SEAVERS  IX   PRIVATE   STREETS. 

Be  it  enacted^  etc.^  asfolloivs: 

Laying  of  main  ^i^y    pity    Ol'  tOWIl  maV,  if  tllC  Cltv  COUncil  of   SUCh  citv 

QrniUB   etc.   iti  ""^  *■  ^^  '  •^  ** 

private  streets  or  tliG  Icgal  votci's  of  suc'li  towii  SO  votc,  providc  by 
raaj^  eregu-  oj-jji^mi^^.Q  or  bj-luw,  with  a  i)onalty  not  exceeclinji-  twenty 
dollars  for  its  violation,  that  every  sewer  or  drain  laid  in 
any  land  or  street  or  way,  public  or  private,  opened  or 
proposed  to  be  opened  for  public  travel  and  accommoda- 
tion, shall  be  deemed  to  be  a  main  drain  or  connnon 
sewer,  and  that  no  such  drain  or  sewer  shall  be  laid  or 
connected  with  any  existing  common  sewer,  except  by  the 
board  or  officers  of  such  town  or  city  authorized  to  lay, 
make  and  maintain  main  drains  or  common  sewers. 
When  such  sewer  or  drain  is  laid  in  any  private  Avay  or 
land  at  the  expense  of  the  owner  or  owners  of  such  private 
way  or  land,  such  owner  or  owners  shall  not  be  liable  to 
an}^  assessment  levied  or  to  be  levied  for  such  sewer  or 
drain,  except  for  the  cost  of  connecting  such  sewer  or 
drain  with  common  sewers  or  drains  already  established. 

A2~>2noved  April  4,  1895. 

Chan.228  ^^^  ^^"^  '^^  provide  greater  security  agaixst  accidexts  from 

ELECTRIC  WIRES. 

Be  it  enacted,  etc.,  asfolloivs: 
Certain  poles         Sectiox  1,     All  polcs  and  posts  used  for  the  transmis- 

ana  posm  to  be  ,.      ,  ..  ini-iji-  i  i. 

iuBuiated.  siou  ot  elcctricity  shall  be  insulated  in  such  manner  as  to 

protect  employees  and  other  persons  from  accidents. 

Enforcement  of  Sectiox  2.  It  shall  be  the  duty  of  the  inspector  of 
wires  appointed,  or  who  may  be  appointed,  under  the 
authority  of  chapter  four  hundred  and  four  of  the  acts  of 
the  year  eighteen  hundred  and  ninety  and  acts  amemlatory 
thereof,  or  the  commissioner  of  wires  of  the  cit}'  of  Boston, 
to  enforce  the  provisions  of  this  act,  and  said  inspector  or 
conmiissioner  shall  be  deemed  the  sole  judge  of  what 
constitutes  a  proper  insulation. 

Penalty.  SECTION  3.     Any  pcrsou  or  corjwration  owning  poles 

or  posts  used  for  the  transmission  of  electricity,  who  fails 
to  comply  with  the  provisions  of  section  one  of  this  act, 
shall  be  punished  by  tine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  every  pole  left  uninsu- 
lated within  a  reasonable  time  after  the  request  of  the 
inspector  or  commissioner  acting  under  section  two  of  this 
act.  Approved  April  4,  1895. 


Acts,  1895.  — Chaps.  229,  230.  227 


An  Act  to  locate  and  define  the  boundary  line  between  QJian.229 

THE  CITY  OF    WALTUAM  AND   THE   TOAVN   OF   LEXINGTON. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     The  commissioners  on  the  topographical  f^^'^l^^^H^^ 
survey  and  map  of  Massachusetts,  after  hearino-  parties  Waithamand 

•^  i  .  '  I'll    Lexingtou  to  be 

interested,  upon  proper  notice,  are  hereby  authorized  and  deHned. 
directed  to  locate  and  define  the  true  boundary  line  between 
the  city  of  Waltham  and  the  town  of  Lexington,  and  to 
mark  said  boundary  line  by  appropriate  monuments.  The 
boundary  line  thus  located  and  defined  shall  be  the  true 
and  correct  boundary  line  between  said  city  of  Waltham 
and  said  town  of  Lexington. 

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

Approved  April  4,  1895. 

An  Act  to  authorize  the  Leicester  water  supply  district  /^7,«^  2S0 
TO  increase   its  avater    supply  and  make  an  additional  ^  ' 

WATER  loan. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Leicester  Water  Supply  District,  for  May  take  and 
the  purposes  named  in  section  one  of  chapter  one  hundred  w^alfereTetc? 
and  seventy-one  of  the  acts  of  the  year  eighteen  hundred 
eighty-eight,  and  subject  to  the  conditions  and  restrictions 
contained  in  said  chapter,  may  take  and  hold  so  much  of 
the  waters  of  Asnelnimskit  pond,  so-called,  in  the  town 
of  Paxton,  and  the  water  sources  connected  therewith,  as 
may  not  be  needed  for  a  water  supply  for  the  inhabitants 
of  said  town. 

Section  2.  Said  water  supply  district,  for  the  purpose  May  issue 
of  paying  all  expenses  and  liabilities  incurred  under  the  or  scr/p^^euf. 
provisions  of  said  chapter  and  of  this  act,  may  issue  bonds, 
notes  or  scrip,  sul)ject  to  the  conditions  and  restrictions 
contained  in  said  chapter,  to  an  amount  which  together 
with  the  amounts  heretofore  authorized  by  law  shall  not 
exceed  in  the  aggregate  the  sum  of  eighty -five  thousand 
dollars. 

Section  3.  Said  Leicester  Water  Supply  District,  jfJru«e°ofp"ump. 
whenever  it  constructs  a  pumping  station  for  an  addi-  iugBution. 
tional  water  supply  from  Asnebumskit  {)ond,  is  hereby 
authorized  to  contract  with  the  town  of  Paxton  or  a  pri- 
vate company  for  the  use  of  said  pumping  station,  to  fur- 
nish water  to  the  inhal^itants  of  said  Paxton,  whenever 
said  town  or  a  private  company  shall  decide  to  construct 


228 


Acts,  1895.  — Chap.  231. 


When  to  take 
effect. 


a  system  of  water  works,  said  puuipino;  station  to  be  so 
used  not  to  exceed  one  day  in  seven,  and  the  compensa- 
tion to  be  paid  by  said  town  or  private  company  for  said 
use,  not  to  exceed  the  actual  cost  of  pumping  while  so 
used. 

Sectiox  4.  This  act  sliall  take  effect  upon  its  passage, 
but  shall  become  void  unless  accepted  by  a  two  thirds  vote 
of  tile  legal  voters  of  said  Leicester  Water  Supply  District 
present  and  v'oting  thereon  at  any  legal  meeting  called  for 
the  ])ur})ose  within  three  years  from  its  passage ;  but  the 
number  of  meetings  so  called  in  any  j'ear  shall  not  exceed 
three.  Approved  April  4,  1895. 


njian.2Sl  "^^  "^^^  '^^  AUTHOHIZE  CERTAIN  CHANGES  IN  THE  HAVERHILL 
BRIDGE  ACROSS  THE  MERRIMACK  KIVER  BETWEEN  HAVERHILL 
AND   BRADFORD. 


May  make 
cenaiu  changea 
in  the  Uuverbill 
bridge. 


Procedure  in 
case  city  or 
town  fails  to 
cooperate 


Notice  to  be  In 
writing,  etc. 


Cost  not  to 
exceed  $9,000, 
etc. 


Be  it  enacted,  etc. ,  as  fulloivs : 

Sectiox  1.  The  city  of  Haverhill  and  town  of  Brad- 
ford are  hereby  authorized,  as  soon  as  may  be  after  the 
passage  of  this  act,  to  make  such  changes  in  the  Haverhill 
bridge  across  the  Merrimack  river,  between  the  city  of 
Haverhill  and  the  town  of  Bradford,  as  may  be  deemed 
necessary  to  strengthen  said  l)ridge  and  make  the  same 
reasonably  safe  and  convenient  for  all  purposes  of  public 
travel,  including  its  use  for  the  electric  cars  of  the  Lowell, 
Lawrence  and  Haverhill  Street  Railway  Company. 

Section  2.  If  either  said  city  or  said  town  refuses  or 
neglects  to  cooperate  with  the  other  in  making  the  changes 
in  said  bridge,  authorized  by  the  preceding  section,  for 
thirty  days  after  notice  from  the  other  party  that  it  de- 
sires to  make  such  changes,  then  the  city  or  town  Avhich 
gives  such  notice  is  liereb}'^  authorized  to  make  such 
chanoi:es  throuirhout  the  whole  lenjrth  of  said  bridire,  with- 
out  the  coiiperation  of  the  other  party ;  but  said  other 
party  shall  nevertheless  pay  its  proportionate  share  of 
the  expenses  incurred  in  making  such  changes  as  herein- 
after provided. 

Section  8.  The  notice  specified  in  the  second  section 
of  this  act  shall  be  in  writing,  and  if  given  by  the  city  of 
Haverhill  shall  be  signed  by  the  mayor  of  said  city,  and 
if  given  by  the  town  of  Bradford  shall  be  signed  by  a 
majority  of  tlie  selectmen  of  said  town. 

Section  4.  The  authority  granted  by  this  act  shall  not 
be  exercised  unless  said  changes  can  be  made  complete  at 


Acts,  1895.  — Chap.  231.  229 

a  cost  not  to  exceed  nine  thousand  dollars.  And  it  is 
further  provided  that  said  Lowell,  Lawrence  and  Haver- 
hill Street  liailway  Company,  or  some  person  or  corpora- 
tion in  its  behalf,  shall  before  the  work  of  making  such 
changes  is  commenced  secure  the  payment  to  said  city  of 
Haverhill  or  town  of  Bradford  of  four  thousand  dollars  of 
the  expenses  to  be  incurred  in  making  such  changes. 

Sectiox  5.  The  expense  incurred  in  making  the  changes  Apportionraent 
in  said  bridge,  authorized  by  this  act,  above  any  amount  °  ^^p^°«^- 
paid  by  or  on  behalf  of  the  Lowell,  Lawrence  and  Haver- 
hill Street  Kailway  Company,  as  provided  in  the  preced- 
ing section,  shall  be  paid  by  said  city  of  Haverhill  and 
town  of  Bradford  in  the  following  proportions,  namely : 
One  half  hy  said  city  of  Haverhill  and  one  half  by  said 
town  of  Bradford ;  and  if  either  pays  more  than  its  pro- 
portionate share,  as  aforesaid,  it  may  recover  from  the 
other  in  an  action  of  contract  the  amount  so  overpaid. 

Section  6.     Said  citv  of  Haverhill  and  town  of  Brad-  Bridge improve- 

-  .        ,  •  .  tneiit  Loan,  Act 

lord  are  respectively  authorized  to  borrow  such  sums  ot  of  1895. 
money  as  either  may  require  from  time  to  time  to  pay  any 
expenses  incurred  under  the  provisions  of  this  act,  and 
may  by  ordinary  vote  authorize  the  issue  of  bonds,  notes 
or  scrip  therefor,  to  be  denominated,  Bridge  Improvement 
Loan,  Act  of  1895.  Such  bonds,  notes  or  scrip  issued  by 
said  city  of  Haverhill  shall  be  signed  by  its  treasurer  and 
countersigned  by  its  mayor ;  and  such  bonds,  notes  or 
scrip  issued  by  said  town  of  Bradford  shall  be  signed  by 
its  treasurer  and  countersigned  by  a  majority  of  its  board 
of  selectmen.  In  both  cases  such  bonds,  notes  or  scrip 
shall  be  payable  on  or  before  the  first  day  of  January  in 
the  year  eighteen  hundred  and  ninety-eight,  and  shall  bear 
interest  at  a  rate  not  exceeding  five  per  cent,  per  annum 
payable  semi-annually. 

Section  7.     Said  city  and  said  town  may  respectively  saieof 
sell  the  securities  which  they  are  authorized  to  issue  by  ^^<='^""'^*>  «*«• 
this  act  at  public  or  private  sale,  or  pledge  the  same  for 
the  purpose  of  securing  money  for  the  purposes  of  this 
act,  upon  such  terms  and  conditions  as  they  may  respec- 
tively^ deem  proper :  provided,  that  such  securities  shall  ^'■o^iso. 
not  be  sold  at  less  than  par. 

Section  8.     Any  loans  made  under  the  authority  of  ^""d^^edin 
this  act  shall  not  be  taken  into  account  in  determining  the  'l^l''''™*"!"'^. 

.,,..         f'li        1  ^.1.  .1*^  debt  limit,  etc. 

authorized  limit  ot  indebtedness  ot  said  city  or  said  town, 
but  all  sums  of  money  which  either  may  receive  from  the 


230  Acts,  1895.  —  Chaps.  232,  233. 

other  on  account  of  any  expenses  incurred  under  the  por- 
visions  of  this  act  shall  he  applied  innncdiutely  to  the 
payment  of  any  indel)tedness  created  under  the  provisions 
of  this  act,  or  shall  be  held  as  a  sinking  fund  in  the  custody 
of  the  treasurer  of  the  city  or  town  receiving  it,  lor  the 
payment  of  such  indebtedness  as  it  matures.  Said  i^ink- 
ing  fund  and  the  ac<'umulations  thereof  shall  remain  in- 
violate and  })ledged  to  the  payment  of  such  indebtedness 
and  shall  not  be  used  for  any  other  purpose  until  the  whole 
of  such  indebtedness  has  been  })aid. 
aJcuunror  Section  9.     The   liability   of  said  city  of  Haverhill, 

injuries,  etc.,  Said  towu  of  Bradford,  or  said  Lowell,  Lawrence  and 
Haverhill  Street  Railway  Company,  on  account  of  any 
bodily  injuries  or  damage  in  projierty  received  by  any 
person  while  travelling  on  said  ])ridge,  shall  not  be  affected 
by  the  provisions  of  this  act  or  l)v  anything  done  for  the 
purpose  of  carrying  out  the  ])rovisions  hereof. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  4,  1895. 

Q^iaj) .^2!^'^  An  Act  to  authorize  the   town  of   Plymouth  to  sell  cer- 
tain REAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 

Certain  lands  Section  1.     The  town  of  Plymouth  is  hereby  author- 

ized and  empowered  to  sell  and  convey,  in  fee  simple  and 
free  from  all  trusts,  the  lands  de^•ised  by  Francis  Le  Baron 
"for  the  benetit  of  the  poor  of  Plymouth." 

Francis  Le  Sectiox  2.     The  procccds  of  the  sale   of  such   lands 

shall  l)e  invested  and  ke])t  as  a  ])ennanent  fund,  under  the 
name  of  the  Francis  Le  Baron  Fund  ;  and  the  income  of 
said  fund  shall  be  annually  expended  under  the  direction 
of  the  overseers  of  the  poor  of  said  town  for  the  benefit 
of  the  poor  of  Plymouth. 

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

Approved  Ap)ril  4,  1805. 

C7^«T).233  An  Act  RELATIVE  to  the  abolition  of  grade  crossings  in  the 

CITY   OF  NORTHAMI'TON. 

Be  it  enacted,  etc.,  as  follows: 
May  relocate,         Section  \.     Ill  the  iiroceediiio;  for   the   abolition    of 

etc.,  any  pas-  ,  -vt       j  i  i  i*  •        a.\.  j. 

senger  station,  grade  crossiugs  at  jSortnampton,  pending  in  the  county 
of  Ham])shire,  if  the  commission  decide  that  it  is  necessary 
for  the  security  or  convenience  of  the  public  to  alter,  re- 
locate or  build  anew  any  passenger  station,  freight  depot 


etc. 


Acts,  1895.  — Chap.  234.  231 

or  other  necessary  structure,   or  to  alter  or  relocate   a  May  relocate, 
freig-ht  yard,   or  to  provide  new  freight  yards  or   other  gengeTstation, 
facilities,  or  to  substitute  other  lands  therefor,  as  incident  ^'"• 
to  and  made  reasonably  necessary,  in  their  judgment,  by 
the  abolition  of  grade  crossings,  and  in  place  of  lands, 
buildings  or  facilities  in  their  judgment  necessarily  aban- 
doned or  rendered  practically  useless  thereby,  the  com- 
mission may  prescribe  the  manner  and  limits,  and  the  limit 
of  cost,  within  which  the  same  shall  be  made  in  substitu- 
tion  and   acquired,    in  connection  with  the  other  work 
prescribed,  and  shall  determine  which  party  or  parties 
shall  so  make  and  acquire  the  same,  and  the  cost  thereof 
as  so  limited  shall  be  included  in  the  total  actual  cost  of 
the  alterations,  and  be  apportioned  as  such. 

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

Approved  April  4,  1895. 

Ax  Act  relative  to  the  vacation   op  judgments  and  ■writs  njinj)  934 

OF  AND   petitions   FOR  REVIEW.  -^ 

Be  it  enacted^  etc.,  as  follows : 

Section  1 .  At  any  time  within  three  months  after  the  vacation  of 
entry  of  final  judgment  in  a  civil  action  in  the  supreme  iiviuct'ion'etc. 
judicial  court,  the  superior  court,  or  a  police,  district  or 
municipal  court,  where  the  execution  has  not  been  satisfied 
in  whole  or  in  part,  the  court  in  which  the  judgment  was 
rendered  may  vacate  such  judgment  upon  the  motion  of 
the  party  in  whose  favor  the  judgment  was  entered,  and 
thereui^on  any  appropriate  proceedings  may  l)e  had  as  if 
the  judgment  had  not  been  entered.  Such  motion  or 
application  shall  be  filed  in  the  original  case,  and  no  bond 
shall  be  required,  unless  the  court  by  special  order  shall 
require  one  to  be  filed. 

Section  2.  In  all  cases  in  which  a  final  judgment  has  Petition  may  be 
been  entered  in  any  of  the  courts  mentioned  in  section  one  calesl'^ 
of  this  act,  where  the  execution  has  not  been  satisfied  in 
whole  or  in  part,  either  party,  or  any  one  or  more  of 
several  plaintifl's  or  defendants,  within  one  year  after  the 
recovery  of  said  judgment,  may  file  in  the  court  in  which 
such  judgment  was  rendered  a  petition  to  vacate  such 
judgment,  which  in  the  supreme  judicial  or  superior  court 
shall  be  filed  in  the  county  in  Avhich  the  judgment  was 
entered. 

Section  3 .     After  the  filing  of  such  petition  the  court  po^rt  may 

,,.,..,,,  '^         ,  i^  ,  .         issue  a  stay  of 

m  which  it  IS  filed  or  any  justice  thereof  may  order  notice  execution,  etc. 


232 


Acts,  1895.  — Chap.  234. 


Petitioner  to 
give  bond  to 
adverse  party, 
coDdition»,  etc. 


thereof  rpturnablo  at  sucli  time  and  to  be  served  in  such 
manner  as  the  eourt  or  justice  may  direct,  and  may  issue 
a  stay  or  supersedeas  of  any  execution  on  such  judgment 
and  an  order  for  a  return  of  such  execution  to  the  court 
^Yith  a  certificate  of  any  procce(lin<rs  thereon.  Upon  the 
hearing  of  such  petition  the  court  may  vacate  such  judg- 
ment, and  thereupon  any  appropriate  proceedings  may  be 
had  as  if  such  judgment  had  not  been  entered. 

Section  4.  Except  as  hereinafter  provided,  the  peti- 
tioner shall,  before  tlie  vacation  of  judgment  under  such 
petition  and  before  the  issuing  of  any  stay  or  supersedeas 
of  such  execution,  give  a  bond  to  the  adverse  party  with 
security  satisfactory  to  the  court  or  justice.  If  the  peti- 
tioner is  a  party  in  whose  favor  the  judgment  was  rendered 
the  bond  shall  be  with  condition  that  if  tinal  judgment 
shall  be  thereafter  rendered  for  the  adverse  party  the 
petitioner  shall  \ydy  the  costs  of  the  adverse  party.  If  the 
petitioner  is  a  party  against  whom  the  judgment  was 
rendered  the  condition  of  the  bond  shall  be  that  if  the 
judgment  is  not  vacated  on  said  petition  the  petitioner 
shall  satisfy  said  judgment  and  all  costs  accrued  on  any 
execution  issued  thereunder,  and  that  if  it  is  so  vacated 
he  shall  satisfy  the  execution  that  shall  issue  in  favor  of 
the  adverse  party  on  any  judgment  that  may  be  thereafter 
rendered  in  said  action,  or  in  case  a  special  judgment 
shall  be  entered  in  favor  of  the  adverse  party  in  accord- 
ance with  section  twenty-four  of  chapter  one  hundred  and 
seventy-one  of  the  Public  Statutes  or  section  three  of 
chapter  four  hundred  and  five  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-eight,  he  will  pay  to  the 
plaintiff  within  thirty  days  after  the  entry  of  such  judg- 
ment the  sum  for  which  said  judgment  shall  be  entered. 

Sectiox  5.  When  the  petitioner  has  had  no  actual 
witiiout  security  knowlcdiTC  bcforc  the  iudainent  was  entered  of  the  pen- 

iu  certain  cases.  /i    i  •  '•  i   •  i 

dency  oi  the  action  against  him  a  stay  or  supersedeas  may 
be  ordered  and  the  judgment  may  be  vacated  without  se- 
curity ;  but  no  sta}^  or  supersedeas  shall  be  issued  nor 
judgment  vacated  without  security  in  any  case  in  which 
there  was  an  attachment  of  anything  of  value  in  the  origi- 
nal action  :  j^f'Oi'ided,  however,  that  if  such  case  is  in  other 
respects  within  the  provisions  of  this  section  the  penal 
sum  of  the  bond  may  be  fixed  at  the  actual  value  of  the 
property  attached,  to  be  determined  upon  summary  hear- 
ing by  the  couit  after  notice  to  the  adverse  party,  unless 
the  parties  agree  upon  such  value. 


Judgment  may 
be  vacated 


Proviso. 


Acts,  1895.  — Chap.  234.  233 

Secttox    6.     The  court  may   impose   any   reasonable  court  may 

,  ,  ..1  />ji  j*j_'  j'  impose  costs  or 

costs  or  terms  upon  either  ot  the  parties  to  any  motion  or  terms. 
petition  to  vacate  a  judgment. 

Sectiox  7.  No  attachment  made,  bond  given,  or  bail  foi',d'8''"tc°'^,'ot 
taken  originally  in  the  action  shall  be  liable  to  satisfy  a  n^bie  in  celtain 
judgment  after  the  original  judgment  has  been  vacated, 
except  that  when  a  judgment  is  vacated  under  section  one 
of  this  act  within  thirty  days  after  the  entry  thereof,  any 
attachment  made,  bond  given,  or  bail  taken  shall  continue 
to  be  liable  upon  any  judgment  thereafter  rendered  in  such 
action  during  such  time  as  they  would  have  been  liable 
upon  the  original  judgment  if  it  had  not  been  vacated. 

Section  8.  AVhen  judgment  is  rendered,  as  provided  ^g^tuttrwHt^ 
in  chapter  one  hundred  and  sixty-four  of  the  Public  Stat-  of  review  in 
utes,  u})on  the  default  of  a  defendant  upon  whom  service 
has  not  been  made  by  reason  of  his  being  out  of  the  Com- 
monwealth or  by  reason  of  his  residence  being  unknown, 
he  may,  at  any  time  within  one  year  after  the  judgment, 
as  of  right  and  without  any  petition  therefor,  sue  a  writ 
of  review  out  of  the  court  in  which  the  judgment  was  ren- 
dered. 

Section  9.     After  the  entry  of  final  iuds^ment  in  a  civil  conrtmay 

,  ,  «■  .in  grant  a  writ  of 

action  m  the  supreme  judicial  court,  the  superior  court,  or  review,  etc. 

a  police,  district  or  municipal  court,  the  court  in  which 

the  jiulgment  was  entered  may  on  petition  grant  a  writ  of 

review  ;  and  after  such  entry  of  judgment  before  a  trial 

justice  the  superior  court  may  iu  like  manner  grant  a  Avrit 

of  review.     If  the  judgment  complained  of  was  rendered 

in  the  al)sence  of  the  petitioner  and  without  his  knowledge 

the  petition  for  a  writ  of  review  shall  be  tiled  within  one 

year  after  the  petitioner  first  had  notice  of  the  judgment, 

otherwise  within  one  year  after  the  judgment  W'as  rendered. 

In  the  supreme  judicial  or  superior  court  such  petition 

shall  l)e  filed  in  the  county  in  which  such  judgment  was 

entered. 

Section  10.    After  the  filing  of  the  petition  for  a  writ  of  Court  may 

,  .  1  •    T     '      •       ,^     1  .  .  /.    order  notice  to 

review  the  court  in  which  it  is  hied  or  any  justice  thereoi  be  served,  etc. 
may  order  notice  thereof  returnable  at  such  time  and  to  be 
served  in  such  manner  as  the  court  or  justice  may  direct, 
and  may  issue  a  stay  or  supersedeas  of  any  execution  on 
such  judgment  and  an  order  for  the  return  of  such  execu- 
tion to  the  court  with  a  certificate  of  any  proceedings 
thereon. 

Section  11.     Except  as  hereinafter  provided  the  peti-  ^iebL°nd'tJ*' 
tioner  shall,  before  the  issuing  of  any  stay  or  supersedeas  adverse  party 


234  Acts,  1895.  — Chap.  234. 

with  security,  uiider  a  petition  for  a  ^vl•it  of  review,  file  a  bond  to  the 
adverse  party  with  security  satisfactory  to  the  couil  or 
justice,  with  condition  that  if  a  writ  of  review  is  not 
granted  on  said  })etition  the  petitioner  shall  satisfy  the 
judiiinent  oriirinally  entered  and  all  costs  accrued  on  any 
execution  issued  thereon,  and  that  if  a  writ  of  review  is 
granted  he  will  forthwith  prosecute  a  review  to  final  judg- 
ment and  will  satisfy  such  execution  as  may  be  issued 
against  him  on  the  review,  or  in  case  a  special  judgment 
shall  be  entered  against  him  in  accordance  with  section 
tNventy-four  of  chapter  one  hundred  and  seventy-one  of 
the  Public  Statutes,  or  section  three  of  chapter  four  hun- 
dred and  five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  he  will  pay  to  the  j)hiintilf  within  thirty  days 
after  the  entry  of  such  judgment  the  sum  for  which  said 
judgment  shall  be  entered. 

stay  may  be  Sectiox  12.     When  the  petitioner  has  had  no  actual 

ordered  without  iii/>  i-i  i/>i 

security  in         knowlcdije  Dctore  the  judomeut  was  entered  oi  the  pen- 
certain  cases.         T  /l",!  ,.  •       1' 1  .  ,  t 

dency  oi  the  action  agamst  hmi  a  stay  or  su})ersedeas  may 
be  ordered  without  security ;  but  no  stay  or  su]iersedeas 
shall  be  issued  without  security  in  any  case  in  which  there 
was  an  attachment  of  anything  of  value  in  the  original 

Proviso.  action  :  provided,  hoicever,  that  if  such  case  is  in  other 

respects  within  the  provisions  of  this  section  the  j^enal 
sum  of  the  l)ond  may  \)e  fixed  at  the  actual  value  of  the 
property  attached,  to  be  determined  upon  summary  hear- 
ing by  the  court  after  notice  to  the  adverse  party,  unless 
the  })arties  agree  upon  such  value.  Except  as  provided 
in  this  and  the  preceding  section  the  execution  shall  not 
be  stayed  or  superseded  by  the  writ  of  review. 

Court  may  SECTION  13.     Upou  the  hearius'  of  a  loetition  for  a  writ 

grant  review  or  i  ~.^*. 

impose  costs,  of  rcvicw  tho  court  may  grant  a  writ  of  review  upon  such 
terms  as  appear  to  be  reasonable.  If  the  review  is  not 
granted  the  court  may  iin})Ose  reasonable  costs. 

Write  of  review,      Spxtion  14.     Tlic  Writ  of  rcview  shall  be  sued  out  of 

DOW  tiueu  oul. 

the  clerk's  office  of  the  court  in  which  the  action  is  to  be 
tried  on  review ,  or  out  of  the  court  if  such  court  has  no 
clerk,  within  three  months  after  the  granting  of  the  peti- 
tion, and  shall  be  in  the  form  heretofore  used  except  as  is 
hereinafter  ])rovided.  If  the  writ  is  not  sued  out  within 
said  three  months  after  the  order  granting  such  writ  such 
order  and  any  stay  or  supersedeas  previously  ordered  in 
the  proceedings  shall  be  tiiereby  vacated  and  the  original 
judgment  shall  be  of  full  force. 


Acts,  1895.  — Chap.  234.  235 

Section  15.  It  shall  not  be  necessary  to  recite  at  ^o™  °^ '*^"'" 
length  the  declaration  and  other  proceedings  in  the  orig- 
inal suit,  but  the  writ  of  review  may  be  substantial!}^  as 
follows,  namely  :  —  Summon  A  to  answer  to  B  in  the  re- 
view of  an  action  of  contract  (or  tort)  brought  by  said  A 
against  said  B,  in  which  action  said  A  by  the  considera- 
tion of  the  justices  of  our  court,  begun  and  held  at  C 
within  and  for  our  said  county  of  M  on  the  day 

of  ,  recovered  judgment  against  said  B  for 

the  sum  of  dollars,  debt  (or  damages),  and 

dollars  costs,  which  judgment  said  B  says 
is  wrong  and  erroneous. — Or  the  former  judgment  may 
be  briefly  described  in  any  manner  deemed  sufficiently 
certain  according  to  such  rules  as  the  courts  may  pre- 
scribe. 

Sectiox  16.     When  the  original  iudsfment  was  entered  Ju'^gmfnta 

_     O         _    J        ~_  enteiea  beiore 

before  a  trial  justice  the  plaintiff  in  review  shall  jiroduce  t^ai  justices. 
and  tile  in  court  certitied  copies  of  the  writ,  judgment, 
and  all  proceedings  in  the  former  suit,  and  the  originals 
or  copies  of  all  depositions  and  other  papers  used  and  tiled 
therein. 

Section  17.  The  writ  shall  be  served  in  the  same  serving  of 
manner  as  an  original  writ,  except  that  when  the  defend- 
ant is  not  an  inhabitant  of  the  Commonwealth,  or  is  not 
found  therein,  the  writ  may  be  served  on  the  person  who 
appeared  as  his  attorney  in  the  original  suit,  and  the  court 
may  continue  the  cause  to  enable  the  absent  party  to  ap- 
pear and  answer. 

Section  18.     If  the  writ  is  sued  out  by  the  original  writmaybeso 

^  o  irained  as  to 

plaintitf  he  may  cause  the  defendant's  goods  and  estates  to  require  an 
be  attached  as  they  might  have  l)een  in  the  original  action, 
and  for  this  purpose  the  writ  of  review  may  be  so  framed 
as  to  require  an  attachment  in  the  common  form,  and  that 
the  defendant  be  summoned.  No  attachment  made,  bond 
given,  or  bail  taken  in  the  original  suit  shall  be  liable  to 
satisfy  the  judgment  on  the  review. 

Section   19.     If  an    issue  of  fact  was  joined  in  the  Procedure 
original  suit  the  case  shall  be  tried  on  the  review  upon  fLt^was^j'oined 
the  same  issue,  except  that  the  court  may  allow  amend-  i"!  ^"siaai  suit. 
ments  of  the  original  declaration  and  other  pleadings,  as 
might  have  been  done  in  the  original  suit ;  and  if  a  dilfer- 
ent  issue  is  joined  in  consequence  of  such  amendments 
the  cause  shall  be  tried  upon  such  new  issue. 

Section   20.     If  the   former  judgment   was   rendered  ^^ii°e°n'|"r^er 
without  an  issue  the  parties  shall  plead  or  answer  upon  judgment  was 


236 


Acts,  1895.  — Chap.  234. 


rendered  with- 
out an  issue. 


Judgment  upon 
review. 


Recovery  of 

Judgment 
when  plaintiff 
recovers  tfiviiKT 
or  less  sum  thau 
in  original  suit. 


Action  of 
replevin,  etc. 


One  of  two  or 
rooredefeiidaiita 
may  review  in 
certain  cases. 


Indorsement  of 
writs  of  and 
petitions  for 
review. 


Repeal,  etc. 


the  review  in  like  manner  as  they  miirht  have  done  in  the 
oriainal  suit,  and  the  cause  shall  be  tried  upon  any  issue 
of  fact  or  law  joined  upon  such  pleadings  or  answer,  and 
each  party  may  ))roduce  any  legal  evidence,  whether 
produced  in  the  former  suit  or  not. 

Section  21.  Judgment  shall  be  given  upon  the  review 
as  the  merits  of  the  case  u]:)()n  the  law  and  the  evidence 
appear  to  require,  although  it  should  be  more  advan- 
tageous to  the  defendant  in  review  than  the  original 
judgment,  in  like  manner  as  if  ])oth  parties  had  brought 
their  several  writs  of  review. 

Section  22.  The  prevailing  party  shall  recover  costs 
unless  the  court  in  granting  the  review  otherwise  ordered. 
Section  23.  If  the  sum  recovered  by  the  plaintiff  in 
the  original  suit  for  debt  or  damages  is  reduced  on  the 
review  the  original  defendant  shall  have  judgment  and 
execution  for  the  difference,  with  costs  ;  or,  if  the  former 
judgment  is  not  8atis6ed  one  judgment  may  be  set  oft' 
against  the  other,  and  an  execution  issued  for  the  balance. 
If  the  original  plaintiff  recovers  a  greater  sum  for  del)t  or 
damages  than  was  awarded  to  him  in  the  original  suit  he 
shall  have  judgment  and  execution  for  the  excess. 

Section  24.  In  actions  of  replevin  and  in  actions  in 
which  a  set-off  is  filed  the  original  defendant  shall  be  con- 
sidered, as  to  everything  contained  in  this  chapter,  like  a 
plaintiff  in  other  actions,  so  far  as  it  respects  any  damages 
awarded  to  him  either  in  the  original  suit  or  upon  the 
review. 

Section  25.  If  judgment  was  recovered  against  sev- 
eral defendants  in  the  original  action  any  one  or  more  of 
them  may  review  in  like  manner  as  if  he  or  they  had  been 
the  only  defendants,  and  if  the  sum  recovered  in  the 
original  suit  for  dcl)t  or  damages  is  increased  or  reduced 
the  coui-t  shall  make  such  order  respecting  the  further 
])roceedings  as  may  be  necessary  to  carry  into  effect  the 
two  judgments  according  to  the  rights  of  all  parties. 

Section  26.  AVrits  of  and  petitions  for  review  shall  be 
indorsed  in  the  same  manner  as  original  writs,  and  all 
reirulations  concerninii:  the  indorsement  of  original  writs 
shall  ap})ly  to  writs  of  and  j)etitions  for  review. 

Section  27.  Sections  sixteen  to  thirty-nine  inclusive 
of  chapter  one  hundred  and  eighty-seven  of  the  I*ul)lic 
Statutes,  and  so  much  of  section  three  of  chapter  four 
hundretl  and  five  of  the  acts  of  the  year  eighteen  hundred 


Acts,  1895.  — Chap.  235.  237 

and  eiohty-eight,  and  section  thirty-three  of  chapter  three 
hundred  and  ninety-six  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  as  is  inconsistent  with  this  act, 
are  hereby  repealed ;  but  tlie  provisions  of  this  act  shall 
not  afl'ect  any  proceedings  for  vacation  of  judgment  or 
review  begun  Ijefore  its  passage. 

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

Approved  April  6,  1895. 

An  Act  to  incokpokate  the  plainvhxe  water  company.       C7lCt7).2i35 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Harland  G.Bacon,  Herbert  E.  Thompson,  piainviiie  water 
Joseph  F.  Breen,  Henry  C.  Cornell,  William  H.  Corbiu,  ii.°'oiiro?ated. 
Willis  M.  Fuller,  William  H.  Wade,  George  B.  Sherman, 
Edward  C.  Barney,  John  Letter,  James  W.  White, 
Edward  P.  Davis,  William  F.  jNIaintein,  LaI)urton  B. 
AVarren,  Lunas  F.  Mendell,  Thomas  H.  Hutton,  Gardner 
Warren,  George  Deraarest,  Cyrus  King,  Jr.,  and  Alex- 
ander Emerson,  of  the  village  of  Plainville  in  the  town  of 
Wrentham,  and  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Plainville  Water 
Company,  for  the  purpose  of  furnishing  the  inhabitants 
of  the  village  of  Plainville  in  the  town  of  Wrentham, 
consisting  of  the  territory  comprised  wnthin  the  limits  of 
the  school  district  formerly  known  as  the  Plain  District, 
and  designated  as  number  thirteen  upon  a  map  made 
from  a  survey  by  Henry  F.  Walling  in  the  year  eighteen 
hundred  and  fifty-one,  with  water  for  the  extinguishment 
of  fires  and  for  domestic  and  other  purposes ;  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws 
which  are  now  or  may  hereafter  be  in  force  applicable  to 
such  corporations. 

Section  2.     Said  corporation,  for  the  purposes  afore-  May  take 
said,  may  take,  by  purchase  or  otherwise,  and  hold  the  lauda,  etc. 
waters  of  Ten  Mile  river,  so-called,  wnthin  the  limits  of 
the  town  of  Wrentham,  and  the  water  rights  connected 
therewith,  and  may  also  take  and  hold,  by  purchase  or 
otherwise,  all  lands,  rights  of  way  and  easements  neces- 
sary   for    holding    and   preserving   such   water    and    for 
conveying  the  same  to  any  part  of  said  village,  as  above- 
described ;  and  may  erect  on  the  land  thus  taken  or  held  ^u'jfdi^^gs!  lay 
proper  dams,  buildings,  fixtures  and  other  structures,  and  down  pipes,  etc. 
may  make  excavations,   procure  and  operate  machinery 


238 


Acts,  1895.  — Chap.  235. 


Provisos. 


Description  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


and  provide  such  other  niciins  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works ;  and  may  construct  and 
la}'  down  conduits,  pipes  and  other  works,  under  or  over 
any  lands,  water  courses,  railroads  or  pul^lic  or  i)rivate 
ways,  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  ol)struct  the  same ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  corporation  ma}'  dig  up  any  such  lands  and  ways  : 
jirovided,  hoivever,  that  said  coni})any  shall  not  enter  upon 
and  dig  up  any  pul)lic  ways  except  upon  the  a})proval  of 
the  board  of  selectmen  of  the  town  in  which  said  ways 
are  situated,  after  a  public  hearing  by  said  board,  of  which 
at  least  ten  days'  notice  shall  be  given  by  publishing  an 
attested  copy  of  said  notice  in  a  newspaper  published  in 
said  town,  if  any,  and  by  posting  an  attested  copy  of  said 
notice  in  at  least  five  public  places  in  said  town ;  and 
provided,  fu}ihpr,thiit  no  hearing  shall  be  necessary  in 
cases  where  said  ways  are  to  be  entered  upon  and  dug  up 
by  said  company  for  the  puri)Ose  of  constructing  exten- 
sions to  its  plant  and  maintaining  and  repairing  such 
conduits,  pipes  and  other  works. 

Section  3.  Said  corporation  shall,  within  sixty  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  otherwise  than  by 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  in  which  the  same  are 
situated  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  president  of  the 
corporation. 

Section  4.  Said  corporation  shall  pay  all  damages 
sustained  by  any  person  in  property  by  the  taking  of  any 
land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  by  any  other  thing  done  by  said  corporation 
under  the  authority  of  this  act.  Any  person  sustaining 
damages  as  aforesaid  under  this  act,  who  fails  to  agree  with 
said  corporation  as  to  the  amount  of  damages  sustained, 
may  have  the  damages  assessed  and  determined  in  the 
manner  provided  by  law  when  land  is  taken  for  the  laying 
out  of  highways,  on  application  at  any  time  within  the 
period  of  three  years  from  the  taking  of  such  land  or 
other  property  or  the  doing  of  other  injury  under   the 


Acts,  1895.  — Chap.  235.  239 

authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  said  three  years.  No  appli- 
cation for  assessment  of  damages  shall  be  made  for  the 
taking  of  any  water  or  water  rights  or  for  any  injury 
thereto  until  the  water  is  actually  withdrawn  or  diverted 
by  said  corporation  under  the  authority  of  this  act. 

Sectiox  5.  Said  corporation  may  distribute  water  Distribution  of 
through  said  village  of  Plainville,  may  regulate  the  use  of  ^'''' "•*'*"• 
said  water  and  lix  and  collect  rates  to  be  })aid  for  the  use 
of  the  same,  and  may  make  such  contracts  with  the  said 
town  or  with  any  fire  district  that  is  or  may  hereafter  be 
established  in  said  village  of  Plainville,  or  with  any  indi- 
vidual or  corporation,  to  supply  water  for  the  extinguish- 
ment of  fire  or  for  other  purposes,  as  may  be  agreed  upon 
by  said  town  or  fire  district,  individual  or  corporation. 

Section  6.     Said  corporation  may,  for  the  purposes  Real  estate  and 
set  forth  in  this  act,   hold  real  estate  not  exceeding  in  '"*^' »  « "^  . 
amount  five  thousand  dollars  ;  and  the  whole  capital  stock 
of  said  corporation  shall  not  exceed  fifty  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each. 

Section  7.      Immediately   after  the   payment   of    the  certificate  of 

,         ^  .  -1  1  '  f       1  1       n     1  •  1  J    payraent  of 

capital  or  said  company  a  certificate  snail  be  signed  ana  capuai  to  be 
sworn  to  by  its  president,  treasurer,  and  at  least  a  majority  '^''''** 
of  the  directors,  stating  the  lact  of  such  payment,  the 
manner  in  which  the  same  has  been  paid  in  and  the  man- 
ner in  which  such  capital  has  been  invested,  or  voted  by 
the  corporation  to  be  invested,  at  the  time  of  making  the 
cei-titicate.  Such  certificate  shall  be  approved  by  the  com- 
missioner of  corporations  and  shall  be  tiled  in  the  oflicc  of 
the  secretary  of  the  Commonwealth.  A  conveyance  to 
the  corporation  of  the  property,  real  or  personal,  at  a  fair 
valuation,  shall  be  deemed  a  sufiScient  paying  in  of  the 
capital  stock  to  the  extent  of  such  value,  if  a  statement  is 
included  in  the  certificate,  made,  signed  and  sworn  to  by 
its  president,  treasurer  and  a  majority  of  its  directors, 
giving  a  description  of  such  property  and  the  value  at 
which  it  has  been  taken  in  payment,  in  such  detail  as  the 
commissioner  of  corporations  shall  require  or  approve, 
and  indorsed  with  his  certificate  that  he  is  satisfied  that 
said  valuation  is  fair  and  reasonable. 

Section  8.     Said  corporation   may   issue    bonds   and  ^oftgagTbonds. 
secure  the  same  by  a  mortgage  upon  its  franchise  and  other  etc. 
property  to  an  amount  not  exceeding  its  capital  stock 
actually  paid  in.    The  proceeds  of  all  bonds  so  issued  shall 


240 


Acts,  1895.  — Chap.  235. 


Issue  of  stock 
and  bonds  to  be 
approved  by 
commissioner  of 
corporations. 


Penalty  for 
corruption  of 
water,  etc. 


Town  of  Wren- 
thHm,  etc.,  may 
lake  franchise, 
property,  eic, 
at  any  time. 


only  bo  expoiulod  in  tlio  oxtonsion  of  tlie  %Yorks  of  the 
couipany  and  for  the  i)aymcnt  of  expenditures  actually 
made  in  the  construction  of  the  works,  over  and  above  the 
amount  of  the  ca]iital  stock  actually  paid  in. 

Section  9.  The  cajjital  stock  and  bonds  hereinbefore 
aulhorized  shall  be  issued  only  in  such  amounts  as  may 
from  time  to  time,  upon  investigation  by  the  commissioner 
of  corporations,  be  deemed  by  him  to  be  reasonably 
requisite  for  the  purposes  for  which  such  issue  of  stock  or 
bonds  has  been  authorized.  His  decision,  approvinir  such 
issue,  shall  si)ecify  the  respective  amounts  of  stock  and 
bonds  authorized  to  be  issued  and  the  purposes  to  which 
the  proceeds  thereof  are  to  be  applied.  A  certiticate  set- 
ting forth  his  decision  shall  be  Hied  in  the  ofBce  of  the 
secretaiy  of  the  Commonwealth  beibre  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. 

Sectiox  10.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  corporation  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  corporation  three  times  the  amount  of  damages 
assessed  therefor,  to  be  recovered  in  an  action  of  tort;  and 
upon  conviction  of  either  of  the  above  wilful  or  Avanton 
acts  shall  be  punished  by  a  fine  not  exceeding  three  hun- 
dred dollars  or  by  imprisonment  not  exceeding  one  year. 

Section  11.  Said  town  of  AVrentliam  and  any  fire  dis- 
trict that  is  or  mav  hereafter  be  establi-shed  in  said  village 
of  Plainville  shall  have  the  right  at  any  time  to  take,  by 
purchase  or  otherwise,  the  franchise,  corporate  property 
and  all  the  rights  and  privileges  of  said  corporation,  on 
payment  to  said  cor])oration  of  the  actual  cost  of  its  fran- 
chise, works  and  pro})ertv  of  all  kinds  held  under  the  pro- 
visions of  this  act,  including  in  such  cost  interest  on  each 
exjjcnditure  from  its  date  to  the  date  of  said  purchase  or 
taking,  as  herein  provided,  at  the  rate  of  five  per  cent,  per 
anmun.  If  the  cost  of  maintaining  and  operating  the 
works  of  said  corporation  shall  exceed  in  any  year  the 
income  derived  from  said  works  by  said  corporation  for 
said  year  then  such  excess  shall  be  added  to  the  total  cost ; 
and  if  the  income  derived  from  said  works  by  said  cor- 
poration exceeds  in  any  year  the  cost  of  maintaining  and 


Acts,  1895.  — Chap.  235.  241 

operating  said  works  for  said  year  then  such  excess  shall 
be  deducted  from  the  total  cost.     An  itemized  statement  f^ggfT"'^* 
of  the   receipts  and  expenditures  of  the  said  corporation  expenditures 
sliall  be  annually  submitted  to  the  selectmen  of  said  town  annually,  etc. 
of  Wrentham,  and  by  said  selectmen  to  the  citizens  of  said 
town.     If  said  corporation  has  incurred  indebtedness  the 
amount  of  such  indebtedness  outstanding  at  the  thue  of 
such  taking  shall  be  assumed  by  said  town  or  said  fire  dis- 
trict, and  shall  be  deducted  from  the  amount  required  to  be 
paid  by  said  town  or  such  fire  district  to  said  corporation 
under  the  foregoing  provisions  of  this  section.     The  right 
to  purchase  as  aforesaid  is  granted  on  condition  that  the 
same  be  authorized  by  a  two  thirds  vote  of  the  voters  of 
said  town  or  such  lire  district  present  and  voting  thereon 
at  a  meeting  called  for  that  purpose. 

Section  12.  Said  town  or  such  fire  district  may,  for  piainviiie water 
the  })urpose  of  paying  the  cost  of  said  franchise  and  cor- 
porate 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  one  hundred  thousand  dollars  ;  such  bonds, 
notes  or  scrip  shall  bear  on  their  face  the  words,  Piainviiie 
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  cent,  per  annum,  and  shall  be  signed  by  the  treas- 
urer of  said  town  or  such  fire  district  and  countersigned 
bj'  the  water  commissioners  hereinafter  provided  for. 
Said  town  or  such  fire  district  may  sell  such  securities  at 
public  or  private  sale  or  pledge  the  same  for  money  bor- 
rowed for  the  purposes  of  this  act  upon  such  terms  and 
conditions  as  it  may  deem  proper.  Said  town  or  such  fire  sinking  fund. 
district  shall  provide  at  the  time  of  contracting  said  loan 
for  the  establishment  of  a  sinking  fund,  and  shall  annually 
contril^ute  to  such  fund  a  sum  sufficient  with  the  accumula- 
tions 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. 

Sectiox  13.     Said  town  or  such  fire  district  instead  of  ^",1^1°^^^^^^. 
establishing  a  sinking  fund  may,  at  the  time  of  authoriz-  mentsonioan. 
ing  said  loan,  provide  for  the  payment  thereof  in  annual 
payments  of  such  amounts  as  will  in  the  agirregate  ex- 
tinguish the  same  within  the  time  prescribed  in  this  act ; 


242 


Acts,  1895.  — Ch.vp.  235. 


Return  to  state 
amount  of  sink- 
ing fund,  etc. 


Payment  of 
expenses,  etc. 


Water 

commisBioners, 
election,  term, 
etc. 


To  be  trustees 
of  sinking  fund, 
etc. 


and  Avhon  such  vote  has  l)ccn  passed  the  amount  reciuired 
thereby  shall  Avithout  further  vote  be  assessed  ])y  the  as- 
sessors of  said  town  in  each  3ear  thereafter  until  the  debt 
incurred  by  said  loan  shall  be  extinouished,  in  the  same 
manner  as  other  taxes  are  assessed  under  the  provisions 
of  section  thirty-four  of  chapter  eleven  of  the  Public 
Statutes,  in  the  case  of  said  town,  and  under  the  pro- 
visions of  section  tifty-four  of  chapter  thirty-five  of  the 
Public  Statutes,  in  the  case  of  such  fire  district. 

Section  14.  The  return  recjuired  by  section  ninety- 
one  of  chapter  eleven  of  the  PuV)lic  Statutes  shall  state  the 
amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  precedino-  section 
and  the  amount  raised  and  applied  thereunder  for  the 
current  year. 

Sectiox  15.  Said  town  or  such  fire  district  shall  raise 
annually  by  taxation  a  sum  which  w  itli  the  income  derived 
from  the  water  rates  will  be  sufficient  to  pjiy  the  current 
annual  expenses  of  02)eratini;  its  water  works  and  the  in- 
terest as  it  accrues  on  the  l)onds,  notes  and  scrip  issued 
as  aforesaid,  and  to  make  such  contributions  to  the  sink- 
ing fund  and  payments  on  the  principal  as  may  be  re- 
quired under  the  provisions  of  this  act. 

Section  1(3.  Said  town  or  such  fire  district  shall,  after 
its  purchase  of  said  corporate  property  as  provided  in 
this  act,  at  a  legal  meeting  called  for  the  purpose  elect  by 
ballot  three  persons  to  hold  office,  one  until  the  expira- 
tion of  three  years,  one  until  the  expiration  of  two  years 
and  one  until  the  expiration  of  one  year  from  the  next 
succeeding  annual  town  meeting  or  annual  meeting  of 
such  fire  district,  to  constitute  a  board  of  water  commis- 
sioners, and  at  each  annual  town  meeting  or  annual  meet- 
ing of  such  fire  district  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years.  All 
the  authority  granted  to  said  town  or  such  fire  district  by 
this  act  and  not  otherwise  specially  provided  for  shall  l^e 
vested  in  said  water  commissioners,  who  shall  be  subject 
however  to  such  instructions,  rules  and  regulations  as  said 
town  or  such  fire  district  may  im})0se  by  its  vote.  Said 
commissioners  shall  be  trustees  of  the  sinking  fund  herein 
provided  for  and  a  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  relative 
both  to  the  water   works    and   the    sinking  fund.     Any 


Acts,  1895.  — Chap,  236.  243 

vacancy  occurring  in  said  board  from  any  cause  may  be  vacancy. 
filled  for  the  remainder  of  the  unexpired  term  by  said 
town  or  such  fire  district  at  any  legal  town  meeting  or 
legal  meeting  of  such  fire  district  called  for  the  purpose. 

Section  17.  Upon  application  of  the  owner  of  any  Security  for 
land,  water  or  water  rights  taken  under  this  act,  the  dam'^ges.'etc., 
county  commissioners  for  the  county  in  which  such  land,  c^uin  caTes, 
water  or  water  rights  are  situated  shall  require  said  cor- 
poration to  give  satisfactory  security  for  the  payment  of 
all  damages  and  costs  which  may  be  awarded  such  owner 
for  the  land  or  other  property  so  taken ;  but  previous  to 
requiring  such  security  said  county  commissioners  shall, 
if  application  therefor  is  made  by  either  party,  make  an 
estimate  of  the  damages  which  may  result  from  such 
taking ;  and  the  said  county  commissioners  shall  in  like 
manner  require  fuilher  security  if  at  any  time  the  security 
before  required  appears  to  them  to  have  become  in- 
sufiicient ;  and  all  the  right  or  authority  of  said  corpora- 
tion to  enter  upon  or  use  such  land  or  other  property, 
except  for  the  purpose  of  making  survey's,  shall  be  sus- 
pended until  it  gives  the  security  required. 

Sectiox  18.     Nothing  in  this  act  shall  be  construed  to  certain  rights 
prevent  the  town  of  North  Attleborough  from  supplying  Attie°borough 
itself  or  its  inhabitants  with  water  for  the  extinguishment  ^°^  a^ected. 
of  fires    and  for  domestic  and  other  purposes  from  the 
water  and  water  sources  herein  granted  to  the  Plainville 
Water  Company. 

Section  19.     This  act  shall  take  efiect  upon  its  passage,  when  to  take 
but  shall  become  void  unless  work  under  this  act  is  com- 
menced within  three  years  from  the  date  of  its  passage. 

Approved  April  6, 1895. 

An   Act  to   authorize  the   city  of  Cambridge  to  place  all  (JJiqij  236 
parks  and  commons  therein  under  the  care  and  control 
of  its  park  commissioners,  and  to  provide  for  expense  op 
the  reconstruction  of  such  parks  and  commons. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Cambridge,  by  its  city  council.  niay''be^p?aced 
may  from  time  to  time  place  its  parks  and  commons  now  up'ier  control 

•1  1  1  11  1  '  -I  1T1  of  park  com- 

occupied  and  used,  and  that  may  hereatter  be  established,  missioners. 
set  apart,   occupied  and  used  in  said  city  as  parks   or 
commons,  under  the  care  and  control  of  its  park  commis- 
sioners, with  all  the  rights  and  privileges  and  subject  to 
all  the  provisions  and  regulations   contained  in  chapter 


244 


Acts,  1895.  — Chaps.  237,  238. 


May  recongtruct 
certain  parks, 
etc. 


Repeal. 


When  to  take 
effect. 


Chap.23: 


^[agiBtrates  to 
satisfy  them- 
selves as  to 
identity  of  per- 
sons making 
oath  to  nomina- 
tion papers. 


Penalty. 


To  take  effect 
July  1,  1S9J. 


three  hundred  and  forty-one  of  the  acts  of  tlie  year 
eighteen  hundred  and  ninety-two,  chapter  three  hundred 
and  thirty-seyen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  and  chapter  one  hundred  and  sixteen  of 
the  acts  of  the  year  eighteen  lunuh-ed  and  ninety-four. 

Section  2.  The  park  conunissioncrs  of  said  city  may 
reconstruct  all  such  parks  and  commons  as  may  be  placed 
under  their  care  and  control  by  the  city  council  under  the 
proyisions  of  section  one  of  this  act,  and  for  that  purpose 
may  use,  as  may  be  necessary,  the  proceeds  of  the  loans 
authorized  under  said  chapters  and  chapter  eighty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four. 

Section  3.  Sections  one  and  three  of  chapter  six  of 
the  acts  of  the  3'ear  eighteen  hundred  and  thirt}'  are 
hereby  repealed. 

Section  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  Cambridge. 

Approved  April  6,  1S95. 

An  Act  RELATm:  to  affidavits  to  nomination  papers. 
Be  it  enactedy  etc.,  as  folloivs: 

Section  1.  A  notary  public,  justice  of  the  peace  or 
other  magistrate,  when  taking  the  oath  of  a  signer  to  a 
nomination  paper,  as  required  by  section  seyenty-eight 
of  chapter  four  hundred  and  seyenteen  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three,  shall  satisfy 
himself  that  the  person  to  whom  the  oath  is  administered 
is  the  person  signing  such  nomination  paper,  and  shall 
state  in  his  attestation  of  said  oath  that  he  is  so  satisfied. 

Section  2.  Any  notary  public,  justice  of  the  peace  or 
other  magistrate  who  violates  the  provisions  of  this  act 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  fifty  dollars  for  each  offence. 

Section  8.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  April  6,  1895. 


Ch<lT>.23S  ^^  -^^^  "^^    PUOVIDE   COPIES   OF  THE   HLUE   BOOK 


Additional 
copies  of  blue 
book  to  be 
furnished. 


FOR  THE  USE  OF 
THE   SUPREME  JUDICIAL  AND    SUPERIOR   COURTS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  A  sufficient  number  of  copies  of  the  blue 
book  shall  l)e  furnished  to  the  clerks  of  the  supreme  judi- 
cial and  superior  courts,  annually,  as  soon  as  the  edition 
is  published,  to  provide  one  copy  for  the  use  of  the  justices 


Acts,  1895.  — Chap.  239.  24:5 

and  clerks  at  each  place  in  the  Commonwealth  where  reg- 
ular or  adjourned  sessions  of  said  courts  are  held. 

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

Approved  April  6,  1895. 

An  Act  to  pkoyide  that  tenement  houses  in  the  city  of  ni^f^rf^  OQQ 

BOSTON   SHALL  HAVE   ADEQUATE   OPEN   SPACES.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  one  hundred  and  eight  of  chapter  four  hundred  1892, 419.  §  los, 
and  nineteen  of  the  acts  of  the  3' ear  eighteen  hundred  and 
ninety-two  is  hereby  amended  by  striking  out  in  the  fourth 
line,  the  words  "three  fourths",  and  inserting  in  place 
thereof  the  w^ords  : — sixty-five  one  hundredth  parts, — 
and  by  adding  at  the  end  thereof  the  words :  —  A  clear 
space  open  from  the  ground  to  the  sky  shall  be  maintained 
across  the  whole  rear  of  every  such  building,  and  of  a 
depth  equal  to  one  half  of  the  wadth  of  the  street  in  front 
of  such  building  :  j)^'ovided,  that  such  space  need  not  exceed 
the  depth  of  twenty  feet ;  and  provided,  further,  that  an 
equivalent  area  of  open  space  in  the  rear  of  such  building 
may  be  provided  of  different  dimensions,  with  the  consent 
of  the  inspector  of  buildings,  —  so  as  to  read  as  follows: 
—  Section  108.  No  building  hereafter  erected  for  or  con-  Tenement  and 
verted  to  use  as  a  tenement  or  lodging  house,  and  no  build-  {o'^havf  oper* 
ing  hereafter  enlarged  for  said  purposes  shall  occupy  above  «p*<=*^^'  ®''=- 
the  level  of  the  second 'floor  more  than  sixty-five  one  hun- 
dredth parts  of  the  area  of  the  lot  measured  to  the  middle 
line  of  the  street  or  streets,  or  passagewa}'S,  on  which  it 
abuts.  Every  such  building  shall  have  on  at  least  two 
exposures  on  land  of  the  owner  or  as  part  of  public  ways, 
open  spaces  of  at  least  ten  feet  in  width,  which  spaces  shall 
have  an  aggregate  length  of  one  foot  for  every  twenty-five 
square  feet  of  superficial  area  actually  occupied  by  the 
building.  Such  spaces  shall  be  open  to  the  sky,  and  shall 
remain  undiminished  so  long  as  the  building  is  occupied 
as  a  tenement  or  lodging  house.  A  clear  space  open  from 
the  ground  to  the  sky  shall  be  maintained  across  the  whole 
rear  of  every  such  building,  and  of  a  depth  equal  to  one 
half  of  the  width  of  the  street  in  front  of  such  building : 
jjrovided,  that  such  space  need  not  exceed  the  depth  of  Pro'i^isos. 
twenty  feet ;  and  provided,  further,  that  an  equivalent 
area  of  open  space  in  the  rear  of  such  building  may  be 
provided  of  different  dimensions,  with  the  consent  of  the 
inspector  of  l)uildings.  Approved  April  6,  1893. 


2^6  Acts,  1895.  — Chaps.  240,  241. 


Chan  '^10  ^    -^^^    KIXATIVE    TO    THE    COUXTIXG   OF   BALLOTS   AVIIILE   VOTIKG 

IS   IN   rUOGRESS. 

Be  it  enacted,  etc.,  asfolloios: 
Removal  of  Section  1.     Ill  towiis  and  pvecincts  of  towiis,  311(1  citles 

ballot  box  before  of  less  than  One  hundred  thousand  inhabitants,  according 
ceased .'^count-  to  the  last  national  or  state  census,  the  liallot  box  may  be 
ing,  etc.  opened  and  ballots  taken  therefrom  for  counting  when- 

ever it  is  deemed  necessary  or  advisable  so  to  do  in  the 
unanimous  judgment  of  the  selectmen  and  town  clerk,  or 
in  the  judgment  of  both  the  moderator  and  town  clerk  of 
the  town,  as  the  case  may  be,  or  in  the  unanimous  judg- 
ment of  the  election  officers  of  the  voting  precinct.  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 
officers  an  ecjual  number  from  each  of  the  two  leading 
political  parties,  who  shall  canvass  the  votes  thus  removed 
from  the  ballot  box.  The  counting  shall  be  done  in  accord- 
ance with  the  provisions  of  section  one  hundred  and 
seventy-two  of  chapter  four  hundred  and  seventeen  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three.  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  l)een  ascertained,  as  pro- 
vided in  said  section  one  hundred  and  seventy-two. 
Repeal.  SECTION  2.     All  acts  aiid  pai'ts  of  acts  inconsistent  here- 

with are  hereliy  repealed. 

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

Apixroved  April  6,  1895. 


Chap.24.1 


Ax  Act  to   authorize    the  city  of  holyoke  to  incur  in- 

DEHTEUXESS    BEYOXD    THE     LIMIT    FIXED    BY    LAW,    FOR    SCHOOL 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 
Holyoke  School       Sectiox  1.     The  citv  of  riolvoke,  for  the  purioose  of 

Loan,  1895.  ,  i   .     i  'i  i    i       -i  t  •  •  i       •-  i 

erecting  a  new  high  school  buil(nng  in  said  city,  and  a 
grammar  school  building  in  ward  one  of  said  city,  and 
of  i)urchasing  sites  for  said  l)uildings,  may  incur  indebt- 
edness to  an  amount  not  exceeding  two  hundred  and  fifty 
thousand  dollars  beyond  the  limit  of  indebtedness  fixed  by 
law,  and  may  issue  negotiable  notes,  bonds  or  scrip  to  an 


Acts,  1895.  — Chap.  242.  247 

amount  not  exceeding  the  cost  of  said  school  buildings  and 
sites,  denominated  on  the  face  thereof,  Holyoke  School 
Loan,  1895  ;  signed  by  its  mayor  and  city  treasurer,  and 
payable  at  periods  of  not  more  than  twenty  years  from 
their  date  of  issue. 

Section  2.     The  provisions  of  chapter  twenty-nine  of 
the  Public  Statutes  and  of  chapter  one  hundred  and  twenty-  '»ppiV 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  shall  otherwise  apply  to  the  issue  and  sale  of  such 
securities. 

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

Approved  April  6',  1895. 


p.  8.  29  and 
1884,  129,  to 


ChapM2 


Ax  Act  relative  to  statements  filed  under  the  act  to  pre- 
vent CORRUPT  practices  IX  ELECTIONS. 

Be  it  enacted,  etc.,  asfolloics: 

Section  1 .     The  secretary  of  the  Commonwealth  shall  commonwelith^ 
insiject  all  statements  filed  with  him  under  the  provisions  to  inspect 

stilt  61X1 6  QtS* 

of  chapter  four  hundred  and  seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  and  acts  in  amend- 
ment thereof  within  sixty  days  after  the  same  are  filed. 

Section  2.     Upon  discovery  that  any  such  statement  ^^r^^^f.'"^*^ 

1  .  •/  {*         •  1  •  notitied  in  case 

does  not  conform  to  the  provisions  of  said  act,  in  respect  of noncompu. 
to  sufficiency  of  detail  or  otherwise,  or  upon  the  complaint 
in  writing  of  any  five  registered  voters  that  any  such  state- 
ment does  not  conform  to  law  or  to  the  truth,  or  that  any 
person  has  failed  to  tile  a  statement  required  by  said  act, 
said  secretary  shall  notify  such  person  in  writing  of  his 
non-compliance,  specifying  the  particulars  thereof. 

Section  3.     The  complaint  mentioned  in  the  preceding  complaint  to 
section  must  be  filed  with  said  secretary  within  sixty  days  secretary. 
after  the  election  in  question :  pr-ovided,  however,  that  in  Proviso. 
all  cases  a  comjilaint  may  be  filed  at  any  time  within  thirty 
days  after  the  tiling  of  a  statement  or  amended  statement. 
The  complaint  shall  state  in  detail  the  grounds  of  objection 
and  shall  be  sworn  to  by  at  least  one  of  the  subscribers. 

Section  4.     If  a  person,  after  being  notitied  as  pro-  District 
vided  in  section  two,  foils  to  file  a  statement  or  amended  hilmutepro^ 
statement  within  ten  days  of  the  time  of  receiving  such  certailfcases. 
notice,  the  secretary  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  dis- 
cretion, which  proceedings  shall  be  brought  in  the  name 


248  Acts,  189.3.  —  Chaps.  243,  244. 

of  the  Commonwealth  within  two  months  after  the  end  of 
said  ten  days"  dcrnKiuency. 
Statements  Sf.ction  5.     In  the  casc  of  statements  under  said  aet 

relatini;  to  ,  .    .        ,       ,  .  ,         . 

municipal  relating  to  municipal  elections,  or  to  an  election  on  the 

part  of  a  city  council,  or  of  either  branch  thereof,  the  pro- 
visions of  the  precedinoi:  sections  shall  apply  to  the  re- 
spective city  or  town  clerks  instead  of  the  secretary  of 
the  Commonwealth. 

Repeal  Sectiox  G.     Chapter  two  hundred  and  forty-eight  of 

the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  repealed. 

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

Approved  April  6,  1895. 

Oil  an  243  ^^  ^^^  relative  to  the  issue  and  caxcellation  of  certain 

-^  '  BONDS   BY   CITIES. 

Be  it  enacted,  etc.,  as  follows: 
Newbopds  SECTION    1.     When  the  officer  or  officers  of  any  city 

bycitieain        holding  in  trust  or  having  the  care  and  control  of  a  sink- 
certain  caseB, 


o 


etc.  '      ing  fund  of  such  city  shall  hold  any  bonds  of  the  city  not 

due  and  payable  other  than  those  payable  from  such  sink- 
ing fund,  and  the  l^onds  for  the  payment  of  which  such 
sinking  fund  was  created  shall  become  due,  they  shall  cer- 
tify such  fact  to  the  mayor  of  the  city  and  request  that  new 
bonds  be  issued  to  them  by  the  city  in  place  of  the  bonds 
not  dlie.  If  the  mayor  is  satisfied  that  there  is  occasion 
therefor  he  shall  cause  new  bonds  to  be  prepared,  and  when 
executed  by  the  mayor  and  city  treasurer,  and  approved 
by  the  committee  on  finance  of  the  cit\'  council  of  such 
city,  they  shall  be  issued  to  such  officer  or  officers  upon 
the  surrender  by  them  to  the  city  treasurer  and  the  can- 
cellation of  such  former  bonds.  The  cancellation  of  such 
old  bonds  and  the  issue  of  new  bonds  shall  be  entered  in 
full  on  the  books  of  the  city  treasurer. 

Terms,  interest,  Sectiox  2.  Sucli  ucw  bouds  shall  bc  identical  in  terms, 
shall  bear  the  same  rate  of  interest,  and  the  principal  and 
interest  shall  bc  payable  on  the  same  dates  as  the  bonds 
so  surrendered.  Approved  Ajiril  6,  1895. 


etc 


(7Aa7>.244  ^^  ^^'^  relative   to   the 

■'-  '  NOMINATION    AND    NOMINA! 


TIME     FOR    FILING    CERTIFICATES     OF 
ATION    PAPERS    FOR    CITY   ELECTIONS    IN 
THE   CITY  OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloics: 
1893, 417,  §  82,         Scctiou  cightv-two  of  cliaptor  four  liuiidred  and  seventeen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three  is 
hereby  amended  by  striking  out  in  the  twenty-eighth  line, 


Acts,  1895.  — Chap.  2-14.  249 

the  word  "  Wednesday  ",  and  inserting  in  place  thereof  the 
word  :  —  Friday,  —  and  by  striking  out  in  the  thirtieth 
line,  the  word  "Friday",  and  inserting  in  place  thereof 
the  word  :  —  Saturday,  —  so  as  to  read  as  follows  :  —  Sec-  Last  days  for 

ot-i  /I       I'i-'       j_  /•  •        J.'  ^         xi  •        i-  filing  certificates 

tion  82.  Lertiricates  ot  nomination  tor  the  nomination  of  nomination 
of  candidates  for  offices  to  be  filled  by  the  voters  of  the  ^aje"s  wuhlhe 
state  at  large  shall  l)e  hied  on  or  before  the  fifth  Monday  secretary. 
preceding  the  day  of  the  election  for  which  the  candidates 
are  nominated ;  and  nomination  papers  for  the  nomination 
of  such  candidates  shall  be  filed  on  or  before  the  fourth 
Monday  preceding  the  day  of  such  election.  Certificates 
of  nomination  for  the  nomination  of  candidates  for  all  other 
state  ofiices  shall  be  filed  on  or  l)efore  the  third  Thursday 
preceding  the  day  of  the  election  ;  and  nomination  papers 
for  the  nomination  of  all  such  candidates  shall  be  filed  on 
or  before  the  third  Friday  preceding  the  day  of  the  elec- 
tion ;  except  that  in  case  of  an  election  held  on  a  day  other 
than  that  of  the  day  of  the  annual  state  election  to  fill  any 
state  office,  certificates  of  nomination  shall  be  filed  on  or 
before  the  twelfth  day  preceding  the  day  of  such  election, 
and  nomination  papers  for  the  nomination  of  candidates  to 
fill  such  office  shall  be  filed  on  or  before  the  eleventh  day 
preceding  the  day  of  such  election. 

In  all  cities,  except  the  city  of  Boston,  certificates  of  B°oston* '^^'^^'^^ 
nomination  for  the  nomination  of  candidates  for  city  offices 
shall  be  filed  on  or  before  the  second  Wednesday  preced- 
ing the  day  of  the  election  ;  and  nomination  papers  for  the 
nomination  of  such  candidates  shall  be  filed  on  or  before 
the  second  Friday  preceding  the  day  of  the  election. 

In  the  city  of  Boston  certificates  of  nomination  for  the  in  Boston. 
nomination  of  candidates  for  city  offices  shall  be  filed  on 
or  before  the  third  Friday  preceding  the  day  of  the  elec- 
tion ;  and  nomination  pa})ers  for  the  nomination  of  such 
candidates  shall  l)e  filed  on  or  before  the  third  Saturday 
preceding  the  day  of  the  election. 

In  towns  certificates  of  nomination  for  the  nomination  in  towns. 
of  candidates  for  town  offices  shall  be  filed  on  or  before  the 
second  Saturday  preceding  the  day  of  the  election,  and 
nomination  paj)ers  for  the  nomination  of  such  candidates 
shall  be  filed  on  or  before  the  Monday  preceding  the  day 
of  the  election  ;  except  that  whenever  a  town  election  is 
held  on  a  day  of  the  week  other  than  Monday,  such  certifi- 
cates of  nomination  and  nomination  papers  shall  be  filed 
respectively  on  or  before  the  ninth  and  seventh  days  pre- 
ceding the  day  of  the  election.      Approved  April  6,  1893. 


250 


Acts,  1895.  — Chaps.  245,  246. 


1893,  396,  §  67 
amended. 


Chciyj  '■^45   ^^  "^^^   '^^   ESTAr.I.ISII  THE  COMI'EXSATIOX  OV  CLEUKS  l"UO  TEMl'OlJE 
OF  I'OLICE,  DISTKICT  AND  MUNICIPAL  COUHTS. 

Be  it  enacted,  etc.,  asfolloivs: 

Sectiox  1.  Section  sixty-seven  of  chapter  three  hun- 
dred and  ninety-six  of  the  acts  of  the  year  eighteen 
huiKhvd  and  ninety-three  is  hereby  amended  by  striking 
out  in  the  tirst  line,  the  word  "said",  and  inserting  in 
place  thereof  the  Avords  :  — police,  district  and  municipal, 
—  by  striking  out  after  the  word  "courts",  in  said  first 
line,  the  words  "having  no  assistant  clerks",  and  by 
striking  out  in  the  fifth  line,  the  word  "fourteen",  and 
inserting  in  place  thereof  the  word: — thirty,  — so  as  to 
read  as  follows:  —  Section  67.  Clerks  pro  tempore  of 
police,  district  and  municipal  courts  shall  receive  as  com- 
pensation for  each  day's  service  a  sum  equal  to  the  rate 
per  day  of  the  salary  of  the  clerk,  to  be  paid  l)y  the 
county :  provided,  that  the  coni[)ensation  so  paid  for  any 
excess  over  thirty  days' service  by  a  clerk  pro  tempore,  in 
any  one  calendar  year,  shall  be  deducted  by  the  county 
treasurer  from  the  sahiry  of  the  clerk. 

Sectiox  2.     This  act  shall  take  efiect  u])on  its  passage. 

Approved  April  6,  1895. 


Compensation 
of  clerks  pro 
tempore  of 
certain  courts. 


Proviso. 


OF   OFl'ICEKS    IN   ATTENDANCE 
ERIOR   AND    PROBATE    COURTS 
MIDDLESEX     AND     TO     ESTABLISH     THEIR 


1892,  107,  §  1, 
amended. 


ChaV  246  ^^  '^^^  '^^  ESTABLISH  THE  NUMBER  ( 
UPON  THE  SUPREME  JUDICIAL,  SUP 
FOR     THE     COUNTY     OF 

SALAKIKS. 

Be  it  enacted,  etc.,  asfolloivs: 

Sectiox  1.  Section  one  of  chapter  one  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  is  herel)y  amended  by  striking  out  in  the  third  line, 
the  word  "  four",  and  inserting  in  i)lace  thereof  the  word  : 
—  eight, — by  inserting  in  the  fourth  line,  after  the  word 
"  civil",  the  words  :  —  or  criminal,  — and  by  inserting  in 
the  sixth  line,  after  the  word  "  court",  the  words  : — and 
probate  court,  —  so  as  to  read  as  follows: — /Section  1. 
cenafn"cou"tr°  Thc  shcriff  of  the  county  of  Middlesex  may  appoint,  sub- 
cou^nty^''^*^''  ject  to  the  approval  of  the  justices  of  the  superior  court 
or  a  majority  thereof,  eight  officers  for  attendance  on  the 
sessions  of  said  court  for  civil  or  criminal  business.  Such 
oflicers  shall  when  required  by  the  sherilf  attend  the  ses- 
sions of  the  supreme  judicial  court  and  probate  court,  when 
not  in  attendance  on  the  superior  court. 


Officers  in 


Acts,  1895.  — Chap.  247.  251 

Section  2.     Section  three   of  said  chapter  is  hereby  1892,107,  §3, 
amended  by  striking  out  in  the   second  line,  the  word  ^™'^° 
"sixteen",   and   inserting  in  place  thereof  the  word:  — 
seventeen, — and  by  striking  out  in  the  third  line,  the 
w^ord  "  five",  and  inserting  in  place  thereof  the  word :  — 
ten,  —  so  as  to  read  as  follows  :  —  Section  3.     Such  officers  Compensation 
shall  receive  from   the  count}'   of  JNliddlesex  an    annual 
sahiry  of  seventeen  hundred  dollars  in  full  for  all  services 
performed  by  them,  and  ten  cents  a  mile  for  travel  out 
and  home  once  a  week  during  such  attendance,  when  such 
distance  exceeds  five  miles  one  way. 

Section  3.     Section    five   of  said   chapter   is   hereby  1892, 107,  §  5, 
amended  by  adding  at  the  end  thereof  the  words  :  —  and  ^'"^°  ^ 
the  officers  provided  for  in  this  act  shall  be  allowed  and 
paid  to  provide  such  uniforms,  the  sum  of  one  hundred 
dollars  each  annually  in  addition  to  their  salaries,  —  so  as 
to  read  as  follows  :  —  Section  5.     Th(i  deputy  sheriffs  and  ^nlf^rZ.^  ^'"' 
officers  in  attendance  at  the  superior  and  su])reme  judicial 
courts  shall,  while  on  duty  in  said  courts,  wear  uniforms 
to  be  designated  by  the  sheriff,  and  the  officers  provided 
for  in  this  act  shall  be  allowed  and  paid  to  provide  such 
uniforms,  the  sum  of  one  hundred  dollars  each  annually 
in  addition  to  their  salaries. 

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

Approved  April  6,  1895. 

Ax  Act  to  provide  ax  additional  water  supply  for  the  city  (^Jjfjrn  OAJJ 

OF  LOAVELL.  -^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The   city  of  Lowell,   for  the  purpose  of  May  take  certain 

,..  IT-  1  .  /.I  /.    land  in  Chelrns- 

obtainmg  an  additional  suj^ply  of  water  for  the  use  of  foidforaddi- 
said  city  and  its  inhabitants,  by  means  of  forced,  driven,  s'uppiy. 
artesian  or  other  wells,  or  from  suliterranean  streams,  in 
addition  to  the  rights  heretofore  granted,  may  from  time 
to  time  take  by  purchase  or  otherwise,  hold  and  improve 
any  land  in  the  town  of  Chelmsford  east  of  Chelmsford 
street,  Lowell  road,  South  street  and  Boston  road,  to  the 
dividing  line  between  said*  Chelmsford  and  the  town  of 
Billerica,  and  may  also  take  and  hold  from  time  to  time 
by  purchase  or  otherwise,  all  lands,  rights  of  way  and 
easements  within  the  land  described,  as  may  be  deemed 
necessary  for  holding,  storing  and  preserving  such  water  and 
conveying  the  same  through  any  part  of  the  land  descril)ed, 
to  connect  with  the  system  of  water  supply  in  said  Lowell ; 


252 


Acts,  1895.  — Chap.  247. 


Description  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


May  erect  and  may  oroct  on  any  lands  so  taken  pro})cr  dams,  reser- 
dowupfpe«?ltc.  voirs,  buildiniis,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  operate  suitable  machinery, 
and  provide  such  other  means  and  ai)])lianccs  as  may  be 
necessary  for  tlie  establishment  and  maintenance  of  such 
additional  water  supply ;  and  may  construct,  lay  down 
and  maintain  such  conduits,  pipes  and  such  other  works, 
under,  through  or  over  any  lands,  canals,  bridges,  railroads, 
public  antl  private  wa^s  in  the  land  described  as  may  })e 
deemed  necessary  ;  and  for  all  })roper  })urp()ses  of  this  act 
may  dig  up  any  such  lands  and  any  such  public  or  private 
ways. 

Section  2.  Said  city  shall,  within  sixty  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  northern  district  of  the  county  of  Middlesex 
a  description  thereof  sulliciently  accurate  for  identification, 
with  a  statement  of  the  pur})()sc  for  which  the  same  were 
taken,  which  descrijjtion  and  statement  shall  be  signed  by 
the  mayor  of  said  city. 

Section  3.  Said  city  shall  pay  all  damages  sustained 
])y  any  person  or  corporation  by  the  taking  of  any  land, 
rights  of  way,  water,  water  source,  water  right  or  ease- 
ment, or  by  any  other  thing  done  by  said  cit}'  under  the 
authority  of  this  act.  Any  person  or  corporation  sustain- 
ing damages  as  aforesaid  under  this  act,  who  fails  to  agree 
with  said  city  as  to  the  amount  of  damages  sustained,  may 
have  the  damages  assessed  and  determined  in  the  manner 
provided  by  law  when  land  is  taken  for  laying  out  high- 
ways, on  application  at  any  time  within  two  years  from 
the  taking  of  any  such  land  or  other  property  or  the  doing 
of  other  injury  under  the  authority  of  this  act,  but  no  ap- 
plication shall  be  made  after  the  ex})iration  of  two  years. 
Ko  application  for  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  right,  or  for  any  injury 
thereto,  until  the  water  is  actually  withdrawn  or  diverted 
by  said  city  under  the  authority  of  this  act. 
City  may  tender       Sectiox  4.     Ill  cvci'v  case  of  a  claim  for  damaires,  as 

a  specined  Bum,  ,  ,•  >      ,  ' 

etc.  provided  herein,  said  city  may  tender  to  the  complamant 

or  his  attorney  any  sum  that  it  shall  think  proper,  or  may 
bring  the  same  into  court  to  l)e  paid  to  the  complainant 
for  the  damages  by  him  sustained  or  claimed  in  his  peti- 
tion ;  and  if  the  complainant  shall  not  accept  the  same. 


Acts,  1895.  — Chap.  248.  253 

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 
offered ;  and  said  city  shall  be  entitled  to  recover  its  costs 
afterwards  unless  the  complainant  shall  recover  greater 
damages  than  were  so  offered. 

Section  5.  If  any  person  shall  use  any  of  said  water  Penalty  for 
taken  or  obtained  under  this  act,  without  the  consent  of  water,  etc. 
said  city,  or  shall  wantonly  or  maliciously  divert  the  water 
or  any  i)art  thereof,  so  taken  or  obtained,  or  corrupt  the 
same,  or  render  it  impure,  or  destroy  or  injure  any  dam, 
aqueduct,  pipe,  conduit,  hydrant,  machinery  or  other 
works  or  property  held,  owned  or  used  by  said  city  und.er 
the  authority  of  and  for  the  purposes  of  this  act,  he  shall 
forfeit  and  pay  to  said  city  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of 
tort ;  and  on  conviction  of  either  of  the  wanton  or 
malicious  acts  aforesaid  may  ])e  punished  by  a  fine  not 
exceeding  three  hundred  dollars  or  by  imprisonment  in 
jail  not  exceeding  one  year. 

Section  6.  AH  the  rights,  powers  and  authority  given  Rights,  powers, 
to  said  city  by  this  act  shall  be  exercised  by  said  city, 
subject  to  all  the  duties,  liabilities  and  restrictions  herein 
contained,  in  such  manner  and  by  such  agent,  ofEcers  and 
servants  as  the  city  council  shall  from  time  to  time  ordain, 
direct  and  appoint. 

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

Approved  April  5,  1895. 


An  Act  to  authorize  the  city  of  boston   to   pay  a   sum  of  QJi(i'r),2i4S 

MONEY  TO   SARAH   G.   AVILLARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  authorized  ^n^othy  w. 
to  pay  to  Sarah  G.  Willard,  widow  of  Timothy  W.  wiuard. 
Willard  late  chief  mortgage  clerk  in  the  employ  of  said 
city,  the  balance  of  salary  to  which  he  would  have  been 
entitled  had  he  lived  and  continued  to  hold  his  office  until 
the  thirty-first  day  of  January  in  the  year  eighteen  hun- 
dred and  ninety-five. 

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

Ap2)roved  April  6,  1895. 


251  Acts,  1895.  — CnArs.  240,  250,  251. 


C'7ittl>.249  -^^'  -^CT   TO   AUTIIOKIZE   THE   CITY   OK    llOSTON     TO     I'AY    A     SUJI     OF 

MONEY  TO   CATHERINE   J.    SHORT. 

Be  it  enacted,  etc.,  as  follows: 

?oh!fc  Short  Section  1.  The  city  of  Boston  is  hereby  authorized 
to  pay  to  Catherine  J.  Short,  widow  of  John  C.  Short 
late  a  clerk  in  the  employ  of  said  city,  the  balance  of 
salary  to  which  he  would  Irivc  been  entitled  had  he  lived 
and  continued  to  hold  his  office  until  the  tirst  day  of  May 
in  the  year  eighteen  hundred  and  ninety-tiA'e. 

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

Approved  April  6,  1895. 


Cha2).250 


An  Act  relative  to  the   nuxTixG  and  distribution  of  the 

BLUE    book. 


Be  it  enacted,  etc.,  as  folloios: 
Additional  Sectiox  1.     Tlicrc  shall  be  printed  annually  two  thou- 

copies  of  blue  .  /»iiiii-  it-  ^ 

book  to  be         sand  co])ies  oi  the  bhie  book,  in  addition  to  the  number 

prin  e  ,  e  c.       ^^^  re<iuired  to  be  printed.     Each  member  of  the  general 

court  and  the  clerks  of  each  branch  thereof  shall  be  entitled 

to  receive  four  copies  of  the  blue  book,  in  addition  to  the 

number  now  allowed  to  them. 

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

Approved  Ajrril  6,  1895. 

CllCl7)P^y\.  ^^  ^^^  providing  for  an  assistant  clerk  of  the  superior 

COURT   FOR   EQUITY  BUSINESS  IN   THE   COUNTY   OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  folloios: 
AgsiBtant  clerk        Section  1.     Tlic  justiccs  of  the  supci'ior  court,  or  a 
cour7fo"°equity  majority  of  tlicm,  may  appoint  an  assistant  clerk  of  said 
pofntment'!^'      court  for  equity  business  in  the  county  of  Suffolk,  who 
duties,  etc.         shjill  perform  such  duties  as  may  be  required  of  him  as 
clerk  in  ecjuity  ])roceedings  in  said  court  in  said  county, 
and  shall  have  the  ])owers  and  be  subject  to  the  duties  and 
liabilities  of  an  assistant  clerk  of  said  court  for  civil  busi- 
ness in  said  county.     In  his  official  signature  the  designa- 
tion "assistant  clerk",  after  his  name  .shall  be  sufficient. 
He  shall  receive  in  full  for  all  services  performed  by  him 
an  annual  salary  of  three  thousand  dollars,  to  be  j^aid  l>y 
said  county. 

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

Approved  April  6,  1895. 


Acts,  1895.  — Chap.  252.  255 


An  Act  relative  to  the  release  of  prisoners  from  the  state  n]injy  959 

PRISON   ON   parole.  ^  '" 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.  Section  one  of  chapter  four  hundred  and  amended.  ^^' 
forty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  is  hereby  amended  by  strikino-  oat  in  the  eighth  and 
ninth  lines,  the  words  "full  term  of  his  sentence  has  ex- 
pired", and  inserting  in  place  thereof  the  words: — term 
of  his  sentence  has  expired,  deducting  from  the  court 
sentence  the  time  to  which  he  may  be  entitled  under  the 
provisions  of  section  twenty  of  chapter  two  hundred  and 
twenty-two  of  the  Pul)lic  Statutes  and  acts  in  amendment 
thereof, — and  by  striking  out  in  the  fourteenth,  fifteenth 
and  sixteenth  lines,  the  words  "No  such  permit  shall  be 
granted  between  the  first  day  of  November  and  the  first 
day  of  March  in  any  year  ",  so  as  to  read  as  follows  :  — 
Section  1.  When  it  shall  appear  to  the  commissioners  of  j^g^for"**^ 
prisons  that  any  prisoner  held  in  the  state  ])rison  u])on  his  P'isonersto 

K  11  c  11  •  '         ,   .         be  at  liberty  in 

first  sentence  thereto  has  retormed,  they  may  issue  to  him  certain  cases. 

a  permit  to  be  at  liberty  during  the  remainder  of  his  term 

of  sentence,  upon  such  terms  and  conditions  as  they  deem 

best,  and  they  may  revoke  said  permit  at  any  time  previous 

to  its  expiration.     No  such  permit  shall   be  granted  as 

aforesaid  until  at  least  two   thirds   of  the  term  of   his 

sentence  has  expired,  deducting  from  the  court  sentence 

the  time  to  which  he  may  be  entitled  under  the  provisions 

of  section  twenty  of  chapter  two  hundred  and  twenty-two 

of  the   Pul)lic   Statutes  and  acts  in  amendment  thereof; 

nor  without  the  approval  of  the  governor   and  council, 

nor  unless  the  prisoner  has  an  assurance,  satisfactory  to 

said  commissioners,  that  he  will  have  employment  as  soon 

as  he  is  discharged,  or  is  otherwise  so  provided  for  that 

he  will   not  become   dependent  upon   public    or   private 

charity.     The  violation  W  the  holder  of  a  permit  granted 

as  aforesaid,   of  any  of  its  terms   or  conditions,   or  the 

violation  of  any  law  of  this  Commonwealth,  shall  of  itself 

make  void  said  permit. 

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

Approved  April  6,  1895. 


256 


Acts,  1895.  — Chap.  253. 


Ckan.253  ^^  ^^"^  kelative  to  filling  vacancies  caused  by  the  death, 

AVITIIDKAWAL   OR  INELIGHULITr   OF   CANDIDATES. 


1S93,  417,  §  80, 
ameuded. 


Certificate  of 
nomination  to 
supply  vacuncy 
to  be  accom- 
panied by  writ- 
ten acceptance, 
etc. 


1893,  417,  §  87, 
amended. 


Nomination  in 
cases  of  dealb, 
withdrawal,  etc. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  eighty  of  chapter  four  hundred 
and  seventeen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words  :  —  and  shall  l)e  accompanied 
by  the  written  acceptance  of  the  candidate  or  candidates 
nominated,  —  so  as  to  read  as  follows  :  —  Section  80.  In 
case  a  nomination  is  made  in  accordance  with  the  provi- 
sions of  this  act,  to  supply  a  vacancy  caused  by  the  death, 
withdrawal  or  ineligibility  of  a  candidate,  the  certificate 
of  nomination  made  for  supplying  such  vacancy  shall 
state,  in  addition  to  the  other  facts  re(|uired  by  the  provi- 
sions of  this  title,  the  name  of  the  original  nominee,  the 
date  of  his  death  or  withdrawal  or  of  being  found  ineligi- 
ble, and  the  proceedings  had  for  su|)])lying  the  vacancy ; 
and  the  certificate  shall  be  signed  and  sworn  to  by  the 
presiding  ofhcer  and  secretary  of  the  convention  or  caucus, 
or  by  the  chairman  and  secretary  of  a  duly  authorized 
committee,  as  the  case  may  be,  and  shall  be  accomjjanied 
by  the  written  acceptance  of  the  candidate  or  candidates 
nouiinated. 

Section  2.  Section  eighty-seven  of  said  chapter  is 
hereby  amended  by  adding  at  the  end  thereof  the  follow- 
ing words  :  —  In  case  of  vacancies  caused  by  withdrawal, 
certificates  of  nomination  under  this  section  made  other- 
wise than  in  the  original  manner  shall  he  filed  in  the  office 
of  the  secretary  or  clerk,  as  the  case  may  be,  within  a 
reasonable  time,  not  exceeding  forty-eight  hours  after  the 
withdrawal,  and  they  shall  be  open  to  objection  in  the 
same  manner,  as  far  as  jiructicable,  as  provided  in  section 
eighty-five  of  this  act,  in  regard  to  certificates  of  original 
nominations, — so  as  to  read  as  follows:  —  Section  87. 
In  case  a  candidate  who  has  been  duly  nominated  for  a 
state,  city  or  town  oflBce,  shall  die  before  the  day  of  elec- 
tion, or  shall  cause  his  name  to  lie  withdrawn  from  nomi- 
nation, in  accordance  with  the  j)rovisions  of  this  title,  or 
shall  be  found  in  accordance  with  the  provisions  thereof 
to  be  ineligil)le  to  the  office  for  which  he  is  nominated,  the 
vacancy  may  l)e  supplied  by  the  political  party  or  other 
persons  making  the  original  nomination,  in  the  manner  in 


Acts,  1895.  — Chap.  254.  257 

which  such  nomhiation  was  originally  made  ;  or  if  the  time 
is  insufficient  therefor,  then  the  vacancy  may  he  supplied, 
if  the  nomination  was  made  b}"  a  convention  or  caucus,  in 
such  manner  as  the  convention  or  caucus  has  previously 
provided  for  the  purpose,  or,  in  case  no  such  previous 
provision  has  been  made,  then  by  a  regularly  elected 
general  or  executive  committee  representing  the  political 
party  or  persons  holding  such  a  convention  or  caucus.  In  Certificates  of 
case  of  vacancies  caused  by  withdrawal,  certificates  of  to  be  open  to 
nomination  under  this  section  made  otherwise  than  in  the  °'^J^°''i°°- 
original  manner  shall  be  tiled  in  the  office  of  the  secretary 
or  clerk,  as  the  case  maybe,  within  a  reasonable  time,  not 
exceeding  forty-eight  hours  after  the  withdrawal,  and  they 
shall  be  open  to  objection  in  the  same  manner,  as  far  as 
practical)le,  as  provided  in  section  eighty-five  of  this  act, 
in  regard  to  certificates  of  original  nominations. 

Approved  April  6,  1895. 

An    Act   relatr'e   to    certaix    sewees   in    somerville    and  QJinrr)  254 

MEDFORD. 

Be  it  enacted,  etc. ,  as  follows : 

Sectiox  1.     For  the  purpose  of  draining  the  territory,  certain  sewers 

1  •  T  j_i    J.   X'  •        1       •  ^  "in  Somerville 

and  providmg  an  outlet  lor  mam  drains  or  common  sewers  may  connect 
therein,  situated  in  Somerville  and  bounded  and  described  Medfordr^* 
as  follows  :  Southerly  by  a  curved  line  parallel  with  and 
one  hundred  feet  northerly  of  the  northerly  line  of  Broad- 
way ;  easterly  and  northerly  on  four  lines  l)y  the  dividing 
line  between  Medford  and  Somerville ;  westerly  by  a  line 
parallel  with  and  one  hundred  feet  easterly  from  the  east- 
erly line  of  College  avenue ;  northerly  by  a  line  parallel 
with  and  one  hundred  feet  southerly  from  the  southerly 
line  of  TaDiot  avenue ;  westerly  on  two  lines  by  a  line 
parallel  with  and  one  hundred  and  five  feet  easterly  from 
the  centre  line  of  the  sewer  which  has  been  constructed  by 
the  city  of  Somerville  from  a  point  in  Broadway  opposite 
the  centre  line  of  Wallace  street  to  Talbot  avenue,  [said 
area  being  the  same  as  enclosed  by  a  broad  blue  line  as 
delineated  on  a  plan  entitled,  "City  of  Somerville,  Plan 
showing  area  proposed  to  be  drained  b}^  ]Medford  Sewer- 
age System  at  Elm  street,  March  eight,  eighteen  hundred 
and  ninety-five,  Horace  L.  Eaton,  City  Engineer";  and 
said  plan  being  deposited  in  the  office  of  the  city  engineer 
of  the  city  of  Somerville,  and  a  copy  thereof  being  de- 


258 


Acts,  1895.  — Chap.  251. 


Commissioners 
of  sewere  of 
Mcdford  may 
take  land,  con- 
struct sewers, 
etc. 


Payment  of 
expenses. 


posited  in  the  office  of  tlie  city  engineer  of  the  city  of 
Medford],  —  the  mayor  and  aldermen  of  the  city  of 
Somerville  may  connect  any  yower  npon  such  territory 
witli  any  server,  and  cause  such  sewer  in  Somerville  to 
discharge  into  the  same,  in  jNIedtbrd,  whether  heretofore 
or  hereafter  constructed,  at  such  point  in  the  dividing 
line  between  Somerville  and  Mcdford  as  shall  be  agreed 
upon  by  the  mayor  and  aldermen  of  the  city  of  Somerville 
and  the  commissioners  of  sewers  of  the  city  of  ]\Iedford ; 
and  for  such  })urpose  the  commissioners  of  sewers  of  the 
city  of  jNledford  shall  have  the  same  right  to  construct  a 
sewer  in  Medford  to  said  point,  where  such  sewer  shall 
meet  and  connect  with  said  sewer  in  Somerville,  and  to 
take  land  therefor,  as  they  now  have  to  construct  other 
sewers  in  ^Medford  and  to  take  land  therefor ;  and  such 
commissioners  shall  have  the  right  to  construct  sewers  in 
JNledford,  through  which  the  sewage  from  said  sewer  in 
Somerville  shall  he  conducted,  of  such  enlarged  dimensions 
as  the  receipt  of  sewage  from  said  sewer  in  Somerville 
shall  require. 

Section  2.  The  city  of  Somerville  shall  pay  to  the 
city  of  Medford  such  ])ro})ortionato  yiart  of  the  expenses 
of  constructing  and  maintaining  or  of  enlarging  sewers  in 
INIedford,  through  which  sewage  from  said  territory  in 
Somerville  shall  be  conducted,  as  shall  be  agreed  upon  by 
the  city  council  of  the  city  of  Somerville  and  the  commis- 
sioners of  sewers  of  the  city  of  ]\Iedford,  with  the  con- 
currence of  the  city  council  of  said  jNledford ;  if  such 
proportionate  part  cannot  be  thus  agreed  upon  the  su]:)reme 
judicial  court,  sitting  in  equity  in  any  county,  shall  on  the 
application  of  the  city  council  of  the  city  of  Somerville  or 
the  commissioners  of  sewers  of  the  city  of  Medford,  with 
the  concurrence  of  the  city  council  of  said  Mcdford  after 
notice  to  each  of  said  cities,  appoint  three  commissioners, 
who  shall  not  be  residents  of  either  of  said  cities,  who  shall, 
after  due  notice  and  hearing,  and  in  such  manner  as  they 
shall  deem  just  and  equitable,  determine  what  pro])ortional 
part  of  such  expenses  shall  be  i)aid  bj^  the  city  of  Somer- 
ville to  the  city  of  JNledford,  and  what  proportionate  part 
of  the  expenses  of  said  commission  shall  be  paid  by  each 
of  said  cities.  And  when  said  award  shall  have  been 
acce))ted  by  said  court  tlio  same  shall  be  a  final  and  ccm- 
clusive  adjudication  of  said  matter  and  shall  be  binding 
upon  said  cities. 


Acts,  1895.  — Chap.  255.  259 

Section  3.  The  mayor  and  aldermen  of  the  city  of  f^g^s^a  pro"or. 
Somerville  yhall  have  the  same  right  of  assessing  a  pro-  "onai  pan  of 
portional  part  of  any  expenses  paid  or  to  be  paid  by  such 
city  under  the  provisions  of  this  act  to  the  city  of  Medford 
for  or  on  account  of  the  construction  or  repairs  of  sewers  in 
Medford,  as  if  such  expenses  paid  by  the  city  of  Somer- 
ville had  Ijeen  paid  by  it  for  making  or  repairing  a  main 
drain  or  common  sewer  in  Somerville,  through  which  the 
main  drains  or  common  sewers  in  said  territory  discharge  ; 
and  if  the  city  council  of  the  city  of  Somerville,  which  it 
is  hereby  authorized  to  do,  shall  adopt  a  system  of  sewer-  ' 

age  and  assessments  therefor  in  accordance  with  the  pro- 
visions of  section  seven  of  chapter  fifty  of  the  Public 
Statutes  and  acts  in  amendment  thereof  or  in  addition 
thereto,  for  a  part  or  the  whole  of  said  territory,  such 
assessments  as  provided  for  in  said  section  seven  and  acts 
in  amendment  thereof  and  in  addition  thereto  shall  be 
made  upon  owners  of  estates  within  said  territory  by  a 
fixed  uniform  rate,  based  upon  the  estimated  average  cost 
of  all  the  sewers  therein,  and  there  may  be  included,  as  a 
part  of  such  cost,  the  cost  or  expense  or  any  portion 
thereof  to  the  city  of  Somerville  on  account  of  said  sewers 
in  Medford. 

Sectiox  4.     The   cities   of  Somerville    and  Medford,  somerviiie  and 

.  '    Medford  may 

respectively,  may  at  any  time  connect  an\"  main  drains  or  connect  main 
common  sewers  in  their  respective  cities  with  and  dis-  common  sewers, 
charge  the  same  into  any  main  drains  or  common  sewers 
in  the  territory  of  the  other,  upon  such  terms  and  condi- 
tions and  for  the  drainage  of  such  territory  as  may  l)e 
from  time  to  time  agreed  upon  by  the  city  council  of  the 
city  of  Somerville  and  the  commissioners  of  sewers  of  said 
Medford,  with  the  concurrence  of  the  city  council  of  said 
city  of  jNIedford,  and  either  of  said  cities  may  in  the  con- 
struction of  any  sewer  provide  for  receiving  sewage  from 
the  other. 

Section  5 .     This  act  shall  be  void  unless  accepted  bv  the  To  be  void 

.,  .,       /.  1        j»         •  1      -J  •  •;!   •  •        J        ^  ',•  unless  accepted 

cit}''  council  01  eacn  oi  said  cities  within  ninety  days  Irom  within  ninety 
the  date  of  the  passage  "hereof.      Approved  April  6, 1895.      '''^^^' 


An  Act  to  authorize  the  town  of  hanover  to  refund  a 

PORTION 

Be  it  enacted^  etc.,  asfolloivs: 
Section  1.     The  town  o 
to  issue  bonds,  notes  or  scrip  to  an  amount  not  exceeding  scrip,  etc 


CAa79.255 

PORTION   OF  ITS   DEBT. 

folloivs : 
Section  1.     The  town  of  Hanover  is  hereby  authorized  ^on^dsruotesor 


260  Acts,  1895.  — Chaps.  256,  257. 

twelve  thousand  dolLars,  for  the  purpose  of  refuiulinn  an 
equal  amount  of  its  existing  indebtedness.  Said  bonds, 
notes  or  scrip  shall  be  payable  at  a  period  not  exceeding 
ten  years  from  the  date  of  issue,  shall  bear  interest  pay- 
able semi-annually  at  a  rate  not  exceeding  four  per  cent, 
per  annum,  and  shall  be  signed  l)y  the  treasurer  and  coun- 
tersigned by  the  selectmen  of  the  town.  Said  toAvn  may 
sell  such  securities  at  public  or  private  sale,  ])ut  none  of 
said  bonds,  notes  or  scrip  shall  be  issued  or  sold  except  in 
compliance  with  a  vote  of  the  town. 

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

Approved  Ajyril  6,  1895. 

C/hCl7).25G   ^^    ^^*^^    KELATIVE    TO   THE   SEPTEMBER   SITTING   OF  THE   SUPERIOR 

COURT   FOR  THE   COUNTY   Of    ESSEX. 

Be  it  enacted,  etc.,  as  follows  : 

Adjourned  Section    1.     So  mucli  of  chapter   four   hundred   and 

not  to  be  held     sixtv-one  of  tlic  acts  of  the  year  eighteen  hundred  and 

unie^' ord'ered,   ciglity-uine  as  rcquircs  an  adjournment  of  the  Septeml)er 

sitting  of  the  superior  court  for  the  county  of  Essex  to  be 

taken  to  Haverhill  is  hereby  repealed,  and  no  adjourned 

sitting  of  said  court  shall  hereafter  be  held  at  Haverhill, 

unless  ordered  by  the  court. 

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

Approved  April  6',  1895. 

ChaV  '^d7  ^^    -^^^     '^^    AUTHORIZE    THE    FAIRHAVEN    IMPROVEMENT    ASSOCI- 
*  ATION    TO    TAKE    AND    HOLD    THE    REMAINING    PORTION    OF    THE 

OLD   CEMETERY   IN   FAIRHAVEN. 

Be  it  enacted,  etc.,  as  follows : 
May  take  SECTION  1.     The  Faii'liavcn  Improvement  Association 

certain  land  for  kji^v^xiv^  ,   ,      ,i      ,  .     .  ,•  o  j^\        r^^  -\    /x 

park  purposes,  y\va\  take  and  hold  the  remaining  portion  oi  the  Old  Cem- 
etery, so-called,  in  the  town  of  Fairhaven,  bounded  south 
by  iand  of  the  Old  Colony  Kailroad  Company,  east  by 
Fort  street,  north  by  William  street  and  land  of  one  ^Mar- 
ston,  and  west  by  land  of  one  Wrightington,  for  the  pur- 
pose of  caring  for  and  preserving  the  premises  and  the 
monuments  thereon  ;  and  u))on  the  removal  of  all  known 
remains  of  the  dead  therein,  together  with  the  monuments 
marking  the  remains,  may  lay  out,  use  and  hold  the  prem- 
ises for  the  purposes  of  a  public  park,  under  the  manage- 
ment and  control  of  said  association. 


Acts,  1895.— Chap.  257.  261 

Section  2.  Said  association  may  receive  by  gift  orMayhoWiD 
otherwise,  and  hold  in  trust,  any  sum  of  money  or  other  property,  etc. 
property,  tlie  income  or  proceeds  of  which  may  be  applied 
to  the  care  and  preservation  of  said  Old  Cemetery,  or  of 
any  portion  thereof;  and  the  said  income  or  proceeds 
shall  be  expended  by  said  association  in  accordance  with 
the  terms  of  the  gift  or  trust. 

Section  3.     Said  association  may  purchase  such  other  May  purchase 
suitable  burial  place  in  some  other  cemetery  in  said  town  removi' mnains. 
as  the  selectmen  may  designate,  and  may  reoaove  thereto,  "^ '''^a'^- etc. 
at  the  expense  of  the  association,  the  said  remains  of  the 
dead  and  the  monuments  marking  the  remains,  and  shall 
remove  the  same  to  such  other  suital)lo  burial  place  in  said 
town  as  the  next  of  kin  of  those  whose  remains  are  to  be 
removed  may  provide. 

Section  4.  The  removals  aforesaid  shall  be  made  only  Notice  of 
after  thirty  days'  notice  of  the  intended  removal,  in  the  g^iven^etc? 
newspaper  published  in  said  town,  and  in  some  newspaper 
pu1)lished  in  the  city  of  New  Bedford ;  the  remains  shall 
be  reinterred  and  the  monuments  re-erected  in  a  proper 
and  suitable  manner,  and  a  plan  of  the  ground  in  the  burial 
place  designated  by  said  selectmen  to  which  such  remains 
shall  be  removed,  showing  the  location  of  all  the  known 
dead  so  removed  and  reinterred,  shall  be  made,  and  shall 
be  filed  in  the  office  of  the  town  clerk  of  said  town  for 
future  reference. 

Section  5.     Said  association  shall  forfeit  all  right  to  Right  to  be 
the  possession  and  control  of  said  Old  Cemetery  under  the  accepted  "uhm 
provisions  of  this  act  unless  within  six  months  from  the  ^'"^  "months,  etc. 
passage  thereof  the  said  association,  at  a  legal  meeting  of 
the  members  of  said  association,  votes  to  acce[)t  the  pro- 
visions of  this  act  and  gives  public  notice  of  such  accept- 
ance  by  publishing  a  notice  thereof  within   one  month 
thereafter  in  the  newspaper  published  in  said  town. 

Section  6.     Said  association,  in  the  care  and  manage-  May  make 
ment  of  said  Old  Cemetery,  either  as  a  burial  place  or  prem!ses'"etc. 
subsequently  as  a  pul)lic  park,  may  make  such  changes  in 
the  premises  and  may  dispose  of  and  remove  therefrom 
such  portion   thereof,   and  of  any  wall   or   other   thing 
thereon,   as  may  be  advisable  for  its  protection  or  im- 
provement :  provided,  that  so  long  as  said  premises  are  Provistv. 
used  as  a  place  of  burial  the  remains  of  the  dead  and  the 
monuments  marking  such  remains  shall  not  be  removed 
except  as  herein  provided. 


262  Acts,  1895.  — Chaps.  258,  259,  260. 

fo°our/earf°'       Section  7.     Upoii  tliG  fuiluro  of  sjiicl  association  to  care 
to  revert  to        for  said  Old  Ccnieterv  for  a  i)oriod  of  one  year  said  asso- 

-  iegal  owners.  .      .  i      1 1     ^       •   •        *i  i 

ciation  shall  forfeit  all  right  thereto,  and  the  same  shall 
revert  to  the  legal  owners  thereof. 

Damages.  SECTION  8.     Any  pcrson  who  shall  sustain  any  damage 

in  his  property  by  the  exercise  by  said  association  of  the 
powers  granted  by  this  act  may  recover  (he  same  in  an 

Proviso.  action  of  tort  against  said  association  :  provided,  such  ac- 

tion is  brought  within  two  years  from  the  date  of  sufl'ering 
such  damage. 

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

Approved  April  6',  1895. 

ij7iap.25S  ^^    ^CT     RELATIVE     TO     THE     ORGANIZATION    OF    THE    NEW    STATE 

NORMAL  SCHOOLS. 

Be  it  enacted,  etc. ,  as  folloios : 

^c^'noraaf^'  "^^^^  state  board  of  education  may  cstal)lish  and  organize 
schools,  lease  the  uormal  schools  provided  for  by  chapter  four  hundred 
commodations,  and  fiftv-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  or  any  of  them,  as  soon  as  they  lind  it 
practicable  to  do  so,  and  pending  the  erection  of  the 
new  buildings  may  lease  temporary  accommodations  for 
the  schools  so  established.  Approved  April  6,  1895. 

(Jhan.ir)^       An  Act  to  provide  for  teaching  illiterate  prisoners. 
Be  it  enacted,  etc.,  as  follows: 

prTso^uersto  Sectiox  1.     AVhcu  a  persoH  is  committed  to  a  jail  or 

be  taught  to       housc  of  corrcctioH  upon  a  sentence  of  six  mouths  or 

read  and  write.  •        •       i       /v  i  'in  •      i   •        i  -I'j 

more  the  prmcipal  ofncer  thereof  shall  ascertain  his  ability 
to  read  and  write.  The  commissioners  of  prisons  shall 
make  such  rules  for  the  several  jails  and  houses  of  correc- 
tion as  shall  secure,  as  far  as  may  be  practicable,  the  teach- 
ing of  such  prisoners  to  read  and  write. 
juiy'^^Mos."*  Section  2.  This  act  shall  take  effect  upon  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  April  6,  1895. 

Ch(lf).2(')0  ^'^^  ^*^"^  '^^  riioviDE  extra  clerical  assistance  for  the  clerk 

OF  THE  central  DISTRICT  COURT  OF  -WORCESTER. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  clerk  o 
Worcester  shall  be  allowed  for  extra  clerical  assistance, 


assuuncei'"'  Section  1.     The  clcrk  of  the  central  district  court  of 


Acts,  1895.  — Chap.  261.  263 


Chap.2(jl 


upon  his  certificate  tliat  the  work  was  actually  performed 
and  was  necessary,  and  stating  the  time  occupied  and  the 
names  of  the  persons  by  whom  the  work  was  performed, 
such  sums  not  exceeding  six  hundred  dollars  in  any  one 
year  as  the  county  commissioners  for  the  county  of 
Worcester,  by  a  writing  signed  by  them,  may  approve. 
Said  sums  shall  be  paid  from  the  treasury  of  said  county 
monthly  to  the  person  or  persons  em]jloyed. 

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

Approved  April  6,  1895. 

An   Act    to   provide    for   the   re-division   of   the   city   of 
lowell  into  wards. 

Be  it  enacted^  etc.y  asfoUoivs: 

Section  1.  The  city  council  of  the  city  of  Lowell,  in  May  make  a 
convention  assembled,  is  hereby  authorized  to  make,  be-  cuy  into  wards. 
fore  the  first  day  of  July  next,  a  new  division  of  the  city 
into  such  a  number  of  wards  as  they  may  determine,  and 
to  increase  or  diminish  the  number  of  common  councilmen 
to  which  the  several  wards  shall  thereafter  be  entitled : 
provided,  that  the  number  of  wards  shall  not  be  less  than  Provisos. 
nine  nor  more  than  eleven ;  and  provided,  furilier,  that 
the  number  of  common  councilmen  shall  not  be  less  than 
two  nor  more  than  three  from  each  ward,  and  each  ward 
shall  ])e  entitled  to  an  equal  number  of  common  council- 
men  with  every  other  ward.  Such  new  division  of  the 
city  into  wards  shall  be  made  in  such  manner  as  to  include 
an  equal  number  of  registered  male  voters  in  each  ward 
according  to  the  registration  of  voters  at  the  last  annual 
city  election,  as  near  as  conveniently  may  be,  consistently 
with  well  defined  limits  to  each  ward.  After  said  new  voung 
division  shall  have  been  made  the  T)oard  of  aldermen  shall,  p"^®""^*^  ®' 
prior  to  the  first  day  of  September  of  the  current  year, 
divide  each  ward  into  two  or  more  convenient  voting 
precincts,  so  that  each  precinct  shall  contain  not  more 
than  eight  hundred  registered  male  voters,  and,  as  nearly 
as  may  be,  an  equal  number  of  such  voters,  and  each  ward 
shall  be  so  divided  that  each  precinct  thereof  shall  consist 
of  compact  and  contiguous  territory,  and,  so  far  as  possi- 
ble, the  middle  lines  of  known  streets  and  ways  or  other 
well  defined  limits  shall  be  the  boundaries  of  such 
precincts  ;  and  said  precincts  shall  be  designated  by  num- 
bers, or  letters  of  the  alphabet :  provided,  however,  that  Proviso. 


264 


Acts,  1895.  — Chap.  261. 


Proviso. 


Board  of  alder, 
men,  school 
committee,  etc. 


Proviso. 


School  com- 
mittee, election, 
term,  etc. 


for  the  purposes  of  the  next  state  election,  and  for  the 
purposes  of  any  election  licld  prior  to  the  annual  state 
election  in  the  year  eiuhteon  hundred  and  ninety-six  for 
iilUng  a  vacancy  among  officers  so  elected,  or  a  vacancy 
caused  by  a  failure  to  elect,  and  for  the  purpose  of  any 
election  which  may  be  held  prior  to  the  annual  city  elec- 
tion next  succeeding  such  new  division,  for  the  tilling  of  a 
vacancy  among  officers  elected  at  a  previous  city  election, 
the  wards  and  voting  precincts  as  now  existing  shall  con- 
tinue, and  for  such  purposes  election  officers  shall  be  ap- 
pointed and  hold  office,  and  voting  lists  shall  be  prepared 
for  each  such  voting  precinct,  and  all  other  things  required 
by  law  shall  be  done,  as  if  no  such  division  had  been  made. 
Election  officers  shall  notwithstanding  be  appointed  accord- 
ing to  law  for  the  new  wards  and  voting  precincts,  who 
shall  serve  at  the  city  election  for  the  current  year,  and 
likewise  in  all  respects  other  than  as  provided  above. 

Section  2.  From  and  after  the  first  Monda}^  of  Jan- 
uary next  the  board  of  aldermen,  the  board  of  overseers 
of  the  poor,  and  the  school  committee,  shall  each  year 
severally  consist  of  as  many  members  as  there  are  wards 
after  the  new  division  shall  have  been  made :  ^jroi'iV/e^Z, 
1ioiDei'e)\  that  neither  the  mayor  nor  any  person  holding 
an  elective  or  appointive  office  under  the  city  council  or 
either  branch  thereof  shall  be  a  member  of  either  of  said 
bodies.  On  the  first  ]\Ionday  of  January  annually,  or  as 
soon  thereafter  as  may  be,  the  boaid  of  overseers  of  the 
poor  and  the  school  committee  shall  severally  elect  one 
of  their  members  to  be  chairman,  who  shall  hold  his  office 
until  the  first  JNIonday  of  the  following  January,  unless 
sooner  removed.  In  the  absence  of  the  chairman  so 
elected  a  chairman  for  the  time  being  shall  be  chosen. 

Sectiox  3.  At  the  annual  munici])al  election  in  the 
current  year  the  qualified  voters  of  each  ward  shall  choose 
one  of  their  number  to  be  a  member  of  the  school  com- 
mittee from  the  first  Monday  of  January  next,  and  said 
school  committee  shall  at  its  first  meeting  so  assign  by  lot 
the  terms  of  the  respective  members  so  elected  that  the 
term  of  one  half,  as  near  as  may  be,  shall  expire  each  year 
thereafter ;  and  at  each  succeeding  municipal  election  the 
legal  voters  of  each  ward,  the  term  of  whose  representative 
in  said  board  expires  at  the  close  of  the  nuinicipal  year 
in  which  said  election  is  held,  shall  choose  one  of  their 
number  to  be  a  member  of  said  board  for  the  term  of  two 
municipal  years  immediately  succeeding. 


Acts,  1895.  -  Chap.  261.  265 

Section  4.     The  mayor  shall  notify  the  members  of  Meeting  for 

J  x/  ^  carrying  into 

the  board  of  aldermen  and  of  the  common  council  to  meet  effect  piovi- 

..  .        .,  .,  .,,  .        ^         sionsofact. 

m  convention  in  the  common  council  room  within  live 
days  after  the  passage  of  this  act,  for  the  purpose  of 
carrying  into  efl'ect  its  provisions.  After  the  expiration 
of  said  five  days  the  chairman  of  the  board  of  aldermen 
shall  from  time  to  time,  when  he  deems  it  necessary, 
notify  the  meml^ers  of  the  board  of  aldermen  and  of  the 
common  council  to  meet  in  convention  for  the  purpose 
of  carrying  into  effect  the  provisions  of  this  act.  The 
chairman  of  the  board  of  aldermen  shall  be  president  of 
the  convention,  and  in  his  absence  the  members  may  choose 
a  president  for  the  time  being.  A  majority  of  the  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of 
business.  The  convention  shall  have  power  to  make 
rules  and  regulations  for  the  proper  conduct  of  its  pro- 
ceedings. The  city  clerk  shall  be  clerk  of  said  convention 
and  shall  be  sworn.  He  shall  keep  a  record  of  its  doings,  cierk  to  keep 
and  in  his  absence  the  convention  shall  choose  a  temporary  ''^'=°''^'  ®'°- 
clerk,  who  shall  be  sworn.  The  convention  shall  have 
power  to  employ  such  assistance  and  incur  such  expenses 
as  are  necessary  for  carrying  out  the  provisions  of  this 
act,  and  the  same  shall  be  paid  by  the  city :  provided,  ^''O'iso. 
hoivever,  that  the  members  of  the  convention  shall  serve 
without  compensation. 

Section  5.     The  acts  of  said  convention  shall  not  be  Not  subject  to 
presented  to  the  mayor,  and  shall  not  be  subject  to  his  of  mayor'. 
approval  or  disapproval. 

Section  6.     Upon  the  final  dissolution  of  the  conven-  Preservation 
tion  the  records  of  its  doings  shall  be  deposited  in  the  °^ '■®'=°'"'*^- 
office  of  the  city  clerk  and  preserved  in  his  sole  custody, 
in  conformity  with  the  provisions  of  chapter  thirty-seven 
of  the  Public  Statutes. 

Section  7.  AJl  acts  and  parts  of  acts  inconsistent  Repeal. 
herewith  are  hereby  repealed :  provided,  that  no  act  here-  Provisos. 
tofore  repealed  shall  thereby  be  revived :  and  jwovided, 
also,  that  all  persons  who  at  the  time  said  repeal  takes 
effect  shall  hold  office  under  any  of  said  acts  shall  continue 
to  hold  the  same  according  to  the  tenure  thereof;  except- 
ing however  that  the  terms  of  office  of  all  members  of  the 
school  committee  and  of  the  board  of  overseers  of  the 
poor  shall  expire  on  the  first  Monday  of  January  next. 

Section  8.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  April  6, 1895. 


266 


Acts,  1895.  — Chap.  262. 


CJiap.2(j2 


1893,  417,  §  78, 
amended. 


Nomination 
papers,  signa- 
tures, etc. 


Women  may 
sign  for  school 
committee. 


Registrars' 
certificate,  etc. 


r^ 


fri.. 


Oath  of  signer, 
etc. 


1893,  417,  §81, 
amended. 


Ax  Act  relative  to  the  filing  of  NO^nxATiox  papers. 
Be  it  enacted,  etc.,  ns  follows  : 

Section  1.  Section  sovent^'-eight  of  chapter  four 
hundred  and  seventeen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  is  hereby  amended  by  inserting 
in  the  twenty-tirst  line,  after  the  word  "thereto",  the 
words: — and  the  secretary  of  the  Commonwealth  shall 
not  be  required  in  any  case  to  receive  and  tile  nomination 
papers  after  receiving  and  tiling  such  papers  containing 
a  sufficient  number  of  certified  names  to  make  a  nomina- 
tion, with  one  fifth  of  such  number  added  thereto,  — so  as 
to  read  as  follows  :  —  /Section  78.  Every  voter  signing  a 
nomination  paper  shall  sign  the  same  in  person,  and  shall 
add  to  his  signature  his  place  of  residence,  with  the  street 
and  number  thereof,  if  any ;  and  ever^'  voter  may  sub- 
scribe to  as  many  nominations  for  each  office  to  be  filled 
as  there  are  persons  to  be  elected  thereto,  and  no  more. 
AVomen  qualified  to  vote  for  members  of  the  school  com- 
mittee may  sign  nomination  papers  for  candidates  for  the 
school  committee.  Every  nomination  pa])er  shall,  before 
being  filed,  be  seasonably  submitted  to  the  registrars  of 
voters  of  the  city  or  town  in  which  the  signers  purport  to 
be  qualified  voters,  and  the  registrars,  or  a  majority  of  the 
board,  to  whom  the  same  is  submitted,  shall  forthwith 
certify  thereon  the  number  of  signatures  which  are  names 
of  qualified  voters  both  in  the  city  or  town  for  which  they 
are  registrars  and  in  the  district  or  division  for  Avhich  the 
nomination  is  made.  The  registrars  shall  not  however 
be  required  in  any  case  to  certify  upon  a  nomination 
paper  a  greater  number  of  names  than  such  number  as  is 
recjuircd  to  make  a  nomination  as  aforesaid,  with  one  fifth 
of  such  number  added  thereto,  and  the  secretary  of  the 
Commonwealth  shall  not  be  required  in  any  case  to  re- 
ceive and  file  nomination  papers  after  receiving  and  filing 
such  papers  containing  a  sufficient  number  of  certified 
names  to  make  a  nomination,  with  one  fifth  of  such 
number  added  thereto.  One  of  the  signers  to  each 
separate  nomination  paper  shall  s^vear  that  the  statements 
therein  are  true,  to  the  best  of  his  knowledge  and  belief, 
and  the  certification  of  such  oath  and  the  ]^ost  office 
address  of  the  signer  shall  be  annexed  to  such  paper. 

Section  2.  Section  eighty-one  of  said  chaj^ter  is 
hereby  amended  by  adding  at  the  end  thereof  the  follow- 


Acts,  1895.  — Chap.  263.  267 

ing  words :  —  Every  nomination  paper  shall  be  filed  by 
some    responsible  person,   who  shall  with  his  own  hand 
sign  such  paper   and  add  to  his  signature  his  place  of 
residence,   giving   street  and   number,    if  any ;    and   the 
secretary  of  the  Commonwealth  or  the  city  or  town  clerk, 
as  the  case  may  be,   shall  require  a  satisfactory  identi- 
fication of  such   person,  —  so  as  to   read  as  follows :  — 
Section.  SI.     Certificates   of  nomination  and  nomination  Filing  of  nomi- 
papers  for  the  nomination  of  candidates  for  state  offices  ^^  *°"*' 
shall  be  filed  with  the  secretary  of  the  Commonwealth; 
and  certificates  of  nomination  and  nomination  papers  for 
the  nomination  of  candidates  for  city  and   town    offices 
shall  be  filed  in  each  city  and  town  with  the  city  or  town 
clerk.     Every  nomination  paper  shall  be  filed  by  some  Nomination 
responsible  person,  who  shall  with  his  own  hand  sign  such  EuTd  by  reapon- 
paper  and  add  to  his  signature  his  place  of  residence,  siwe  persons, 
giving  street  and  number,  if  any  ;  and  the  secretary  of  the 
Commonwealth   or   the  city   or  town  clerk,   as  the   case 
may  be,  shall  require  a  satisfactory  identification  of  such 
person. 

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

Ajyjyroved  April  10,  1895. 

An  Act  relative  to  the  maxi.mum  insurable  age  ix  cases  of  Qfidj)  9fi3 

ACCIDENT  INSURANCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  twenty  of  chapter  four  hundred  a^ended.^^"' 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety  is  hereby  amended  by  inserting  in  the  eighth 
line,  after  the  word  "  began",  the  words  : — and  ]j7-ovided, 
further,  that  such  corporations  which  insure  against 
accident  only  may  issue  policies  or  certificates  on  the  lives 
of  persons  not  over  seventy  years  of  age,  so  as  to  read  as 
follows:  —  Section  20.     No   corporation   doino'  business  Not  to  issue 

1 j.ui_ J.     ._i_^n     • _  j_-  !•  _  _  1  ____!•_  _': ^.^^  _    policy  upon  lif 


under  this  act  shall  issue  a  certificate  or  policy  upon  the  of  person  more 

"an  sixty 
■  age,  etc 


life  of  any  person  more  than  sixty  years  of  age,  nor  upon  ^f"^"  *'^'^  ^'^'"^^ 


any  life  in  which  the  beneficiary  named  has  no  interest 
provided,  liovever,  that  in  case  of  the  transfer  or  reinsur-  Provisos. 
ance  of  meml)ers,  as  provided  in  section  twelve,  the  fore- 
going limit  of  age  shall  not  apply  to  members  who  have 
reached  sixty  years  since  their  membership  began  ;  and 
provided,  furtlier,  that  such  corporations  which  insure 
against  accident  only  may  issue  policies  or  certificates  on 


268  Acts,  1895.  —  Chaps.  264,  265. 

the  lives  of  persons  not  over  seventy  years  of  age.  Every 
call  for  payments  by  the  policy  or  certificate  holders  shall 
distinctly  state  the  purpose  of  the  same,  and  whether  any 
part  thereof  shall  or  may  be  used  for  expenses,  and  if  so 
how  much :  iwovided,  Jioicever^  that  expenses  incurred  in 
investigating  and  contesting  cases  believed  to  be  fraudu- 
lent may  be  considered  as  a  part  of  the  mortuary  expense. 
Any  assignment  of  a  policy  or  a  certificate  to  a  person 
having  no  interest  in  the  insured  life  shall  render  such 
policy  or  certificate  void. 

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

Approved  April  10,  1895. 


(JJiap.2(54:  '^^  ^^'^  "^^  AUTHORIZE  SUBORDIXATE  EXCAMPMENTS  OF  THE  INDE- 
PENDENT OKDEK,  ODD  FELLOWS,  UNDER  THE  JURISDICTION  OF 
THE  GRAND  ENCAMPMENT  OF  MASSACHUSETTS,  TO  HOLD  AND 
CONVEY  REAL  AND  PERSONAL  ESTATE  AS  VOLUNTARY  ASSOCIA- 
TIONS. 

Be  it  enacted^  etc.,  asfolloivs: 

fe^IyohmilTy^  Sectiox  1.  Auy  subordinatc  encampment  of  the  In- 
aasociation.etc.  dependent  Order,  Odd  Fellows,  duly  chartered  l)y  and 
under  the  jurisdiction  of  the  Grand  Encampment  Inde- 
pendent Order,  Odd  Fellows  of  Massachusetts,  may  take, 
hold  and  convey  real  and  personal  estate  in  the  name  of 
such  subordinate  encampment  as  a  voluntary  association, 
under  such  rules  and  regulations  as  may  be  framed  and 
prescribed  therefor  by  said  grand  encampment. 

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

Apjjroved  April  10,  1895. 


Ch(l7)'2(]5  ^^    -^^^    '^^    INCREASE   THE   NUMP.ER   OF   MEMl'.ERS   OF  THE   COMMON 

COUNCIL   OF   THE   CITY    OF  LYNN. 

Be  it  enacted,  etc.,  as  follows: 
Additional  Sectiox  1.     The  qualified  voters  of  ward  seven  of  the 

member  of  _  i  ..-.-,. 

common  council  citv  of  LvuH,  at  the  ucxt  municipal  election  and  at  all 

to  be  elected*  %j  %j         *  I  ^ 

municipal  elections  thereafter,  shall  give  in  their  votes  lor 
one  member  of  the  common  council  from  said  ward,  in 
addition  to  the  one  now  authorized  to  be  elected. 
^hentotake         SECTION  2.     This  act  sliall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  Ax)ril  10,  1895. 


Acts,  1895.  — Chaps.  266,  267.  269 


An  Act  iiELAxrvE  to  the  orgaxizatiox  of  the  city  colkcil  (JJinry  9(3(5 

OF   THE  city   of  NEWBURYPORT. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1 .     The  members  elect  of  the  citv  council  of  <^">'  council, 

^  ,       oatn  or  onice* 

the  city  of  Xewburvport  shall,  on  the  first  jNIonday  in 
January  succeedino'  their  election,  at  eight  o'clock  in  the 
afternoon,  assemble  together  and  be  sworn  to  the  faithful 
discharge  of  their  duties.  The  oath  may  be  administered 
by  the  mayor,  b}^  the  city  clerk,  or  by  a  justice  of  the 
peace.  At  any  time  after  the  first  jNIonday  in  January 
the  oath  of  oflice  may  be  administered  in  the  presence  of 
either  branch  of  the  city  council  to  a  memlier  of  such 
branch  who  was  absent  on  the  first  Monday  in  January  or 
who  shall  be  subsequently  elected.  In  the  journal  of  each 
branch  of  the  city  council  a  certificate  shall  be  entered  that 
the  oath  has  so  been  taken  by  the  memliers  of  that  l^ranch. 

Sectiox  2.     All  acts   and   parts  of  acts  inconsistent  Repeal, 
herewith  are  hereliy  repealed.     Approved  April  12,  1895. 

Ax  Act  to  authorize  the  city  of  iiaverhill  to  take  land  Olinr)  267 

FOR    PARADE,   DRILL    AND    TARGET    PRACTICE    BY    SL'CH    PART    OF 
the   MILITIA   AS   MAY   BE   LOCATED   IN   SAID   CITY'. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  city  of  Haverhill  may  take,  by  pur-  May  take 
chase  or  otherwise,  and  hold  such  land,  rights  of  way  or  etc.?foru"e'of 
easements  within  its  limits  as  may  be  necessary  for  the  '^'^'"^• 
parade,  drill  and  target  practice  of  such  part  of  the  militia 
as  may  ])e  located  in  said  city. 

Sectiox  2.  Said  cit}'  shall,  within  sixty  days  after  the  Description  of 
taking  of  any  lands,  rights  of  way  or  easements,  otherwise  recorded.' "^^ 
than  by  purchase,  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  within  w^hich  said  lands,  rights  of 
way  or  easements  lie  a  description  thereof  sutiiciently 
accurate  for  identification,  with  a  statement  of  the  purpose 
for  which  the  same  were  taken,  signed  by  the  mayor  of 
said  city. 

Sectiox  3.     Said  city  shall  pay  all  damages  sustained  Damages. 
by  any  person  by  the  taking  of  any  land,  right  of  way  or 
easement,  or  by  any  other  thing  done  by  said  city  under 
the  authority  of  this  act.     Any  person  sustaining  damages 
as  aforesaid  under  this  act,  who  fails  to  agree  with  said         ' 
city  as  to  the  amount  of  damages  sustained,  may  have  the 


270 

Damages. 


Acts,  1895.  — Chap.  268. 

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  three  years  from  the 
taking  of  such  land,  right  of  way  or  easement,  or  the 
doing  of  other  injury  under  the  authority  of  this  act ;  but 
no  such  api)licatiou  shall  be  made  after  the  expiration  of 
said  three  years.  Damages  shall  not  be  paid  nor  shall  the 
person  claiming  damages  have  a  right  to  demand  the  same 
until  the  land  taken  has  been  entered  upon  for  the  pur- 
poses of  this  act.  A  certiticate  of  such  entry  signed  by 
the  mayor  shall  be  filed  in  the  registry  of  deeds  in  the 
county  where  the  land  lies,  within  thirty  days  after  such 
entry  is  made,  which  certificate  shall  state  the  date  of  entry 
and  the  ])urposes  thereof. 

Section  4,     This  act  shall  take  efiect  upon  its  passage. 

Ajyproved  April  12,  1895. 


CJlCLV  268  -^^   -^^^  RELATIVE  TO  THE   COMPLETION  OF    URIGHTOX   AVENUE  IN 

THE   CITY   OF   BOSTON. 


May  widen 
and  construct 
Brighton 
avenue. 


To  determine 
cost,  etc. 


Payment  of 
expenses,  etc. 


Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.  The  board  of  street  commissioners  of  the 
city  of  Boston  may,  by  its  order,  widen  and  construct 
Brighton  avenue  in  the  Brighton  district  of  said  city, 
from  Union  square  in  said  Brighton  to  the  junction  of 
said  avenue  wdth  Commonwealth  avenue,  and  may  order 
sewers,  gas  pipes,  water  pipes  and  their  connections  to  be 
laid  in  said  avenue. 

Section  2.  Said  board  shall,  after  i4:s  order  aforesaid 
has  been  carried  out,  determine  the  cost  incurred  thereby, 
including  any  expenses  in  taking  land,  and  other  proceed- 
ings in  the  laying  out,  widening  and  construction  of  the 
avenue,  together  with  any  expenses  for  sewers,  not  ex- 
ceeding four  dollars  per  foot  of  sewer  laid  therein,  and  for 
the  connections  with  said  sewers,  and  for  all  other  work 
and  materials  furnished  by  or  for  the  city  in  carrying  out 
said  order. 

Section  3.  All  said  expenses,  except  expenses  for  gas 
pipes,  water  pipes,  their  connections  and  the  laying  thereof, 
shall  he  paid  fi'om  the  proceeds  of  the  loan  authorized  by 
chapter  three  hundred  and  twenty-three  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-one  and  acts  in  amend- 
ment thereof  or  in  addition  thereto  ;  and  said  board  shall 
assess  a  proportional  share  of  said  cost  upon  the  estates 


Acts,  1895.  — Chap.  269.  271 

which  said  board  shall  adjudge  receive  any  benefit  and 
advantage  from  such  laying  out  and  construction,  or  either 
of  them,  or  the  laying  of  sewers  or  pipes  as  aforesaid, 
beyond  the  general  advantage  to  all  real  estate  in  said 
city,  to  the  extent  of  the  total  amount  of  the  adjudged  - 
benefit  and  advantage  to  each  estate,  whether  or  not  a 
part  thereof  is  taken  for  said  highway ;  and  the  portion 
of  said  cost  not  so  assessed  and  paid  shall  be  borne  by 
the  city  of  Boston. 

Sectiox  4.  Except  as  otherwise  specified  herein  sec-  certain  provi- 
tions  ten,  twelve  and  thirteen  of  said  chapter  and  acts  in  apply °itc7  "* 
amendment  thereof  or  in  addition  thereto  shall  apply  to 
all  proceedings  and  work  done  under  this  act;  but  in 
determining  clamages  sustained  by  the  taking  of  any  part 
of  an  estate  under  this  act  no  allowance  shall  be  made  by 
way  of  set-ofli*  for  the  benefit  done  to  the  remainder  of 
said  estate  and,  except  as  otherwise  specified  in  section 
two  of  this  act,  sections  two,  three,  filve,  six,  seven  and 
eight  of  chapter  fifty-one  of  the  Pul:)lic  Statutes  shall 
apply  to  assessments  under  this  act,  and  notice  shall  be 
given  of  such  assessments  as  provided  in  chapter  two 
hundred  and  ninety-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five. 

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

A2')proved  April  12,  189 5. 

Ax  Act  to  autiioeize  the  trustees  of  town  doxatioxs  of  the  /^7,^,^  9«Q 

TOWN  OF  COXCOKD  TO  HOLD  THE  TITLE  TO  CEMETERY  LOTS.         ^  '" 

Be  it  enacted  etc.^  as  follows: 

Section  1.  Section  six  of  chapter  one  hundred  and  i*92,  i8i,§6, 
eighty-one  of  the  acts  of  the  year  eighteen  hundred  and  ""*'" 
ninety-two  is  hereby  amended  by  adding  at  the  end  thereof 
the  following  words :  —  Said  board  may  accept  and  hold 
the  title  to  any  cemetery  lot  or  lots  within  said  town  in 
perpetual  trust,  as  a  permanent  and  exclusive  l^urial  place 
for  any  person  or  persons,  or  class  or  classes  of  persons 
designated  in  the  instrument  by  which  said  title  becomes 
vested  in  said  board,  but  without  any  obligation  to  make 
any  expenditure  on  account  of  the  same  unless  from  funds 
deposited  for  that  purpose,  —  so  as  to  read  as  follows  :  — 
Section  6.     Said  board  shall  take,  hold  and  manaire  all  ^ropey  <ie. 

c  1  -i     1        .,1     ,1  n         .  ^'^  posited  for  care 

sums  ot  money  deposited  with  the  treasurer  of  said  town  of  cemetery 
for  the  care  and  preservation  of  cemetery  lots,  under  the  °'^'  ^'*'" 


272  Acts,  1895.  — Chaps.  270,  271. 

provisions  of  chapter  eighty-two  of  the  Public  Statutes, 
and  may  invest  the  same  in  tiic  jNIiddlesex  Institution  for 
Savin<2:s  or  other  savings  banks  in  this  Commouweahh,  in 
separate  accounts  Avith  each  deposit,  and  shall  ])ay  over 
from  the  income  thereof  to  the  proper  persons  the  sums 
May  hold  in       neccssary  to  carry  out  the  purpose  of  said  deposits.     Said 
cemetery  lots,     T)oard  may  accept  and  hold  the  title  to  any  cemetery  lot 
or  lots  within  said  town  in  peri)etual  trust,  as  a  permanent 
and  exclusive  burial  place  for  any   person  or  persons,  or 
class  or  classes  of  persons,  designated  in  the  instrument 
by  which  said  title  becomes  vested  in  said  board,  but  with- 
out any  obligation  to  make  any  ex})enditure  on  account 
of  the  same  unless  from  funds  deposited  for  that  purpose. 
SECTiOiSr  2.     This  act  shall  take  efiect  upon  its  passage. 

Apjnoved  April  12,  1895. 

C7iap.270  -^^  ""^CT  TO   CONFIRM    THE    PROCEEDINGS    OF    CERTAIN   TOWN   MEET- 
INGS  OF  THE   TOWN    OF   WHITMAN. 

Be  it  enacted,  etc.,  as  follows : 

Mnilrmed.^^  Section  1 .     The  procccdiugs  of  the  annual  town  meet- 

ing of  the  town  of  AA'hitman  held  in  the  year  eighteen 
hundred  and  ninety-four,  and  of  the  annual  town  meeting 
of  said  town  held  in  the  present  year,  and  any  adjourn- 
ments thereof,  shall  not  be  invalid  by  reason  of  the 
omission  in  the  warrant  calling  such  annual  meetings,  of 
a  specification  of  the  time  of  opening  the  polls  and  the 
time  of  closino-  the  same. 

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

Approved  April  12,  1895. 

Glw/n  271   ^^    ^^'^   RELATIVE    TO    WARRANTIES    IN    LIFE    INSURANCE    POLICIES. 

Be  it  enacted,  etc.,  as  follows: 

imended.^^^'  Sectiox  1.  Scction  twenty-onc  of  chapter  five  hun- 
dred and  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  is  hereby  amended  by  inserting 
in  the  first  line,  after  the  word  "misrepresentation",  the 
words: — or  Avarranty,  —  by  inserting  in  the  fifth  line, 
after  the  word  "  misi-eprcscntation ",  the  words:  —  or 
warranty, — and  by  inserting  in  the  sixth  line,  after  the 
word  ' '  misrepresented  ",  the  words  :  —  or  made  a  warranty, 

Misreprcsenta-    — SO  as  to  read  as  follows:  —  Section  21.     No  oral  or 

tion  by  assured  .,,  .  ,.•  ,  I'ji 

not  to  defeat      Written  misrepresentation  or  warranty  made  in  the  ne- 


Acts,  1895.  — Chap.  272.  273 

gotiation   of  a  contract   or  policy   of  insurance,    by  the  policy  in  certain 
assured  or  in  his  behalf,  shall  be  deemed  material  or  defeat  '"'^'"'' 
or  avoid  the  policy,  or  prevent  its  attaching,  unless  such 
misrepresentation  or  warranty  is  made  with  actual  intent 
to  deceive,  or  unless  the  matter  misrepresented  or  made  a 
warranty  increased  the  risk  of  loss. 

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

Ajjproved  April  12,  1895. 

An  Act  changing  the  limits  within  avhich  land  may  be  taki:n  HJ^q^  079 

BY   the   METKOrOLITAN   PARK   COMMISSION   WITHIN    THE    CITY    OF  ^ 

MEDFORD. 

Be  it  enacted,  etc.,  as  foUoius : 

Section  four  of  chapter  four  hundred  and  seven  of  the  1393, 407,  §4, 
acts  of  the  year  eighteen  hundred  and  ninety-three  is  '*™'^'"^*^  • 
hereljy  amended  by  striking  out  in  the  twenty-fifth, 
twenty-sixth,  twenty-seventh  and  twenty-eighth  lines,  the 
words  "the  southerly  base  of  Pine  hill,  northwesterly 
through  the  southern  end  of  the  dain  of  the  south  reservoir 
of  the  town  of  Winchester,  and  extended  to  the  western 
boundary  of  said  fells,  so-called ;  nor ",  and  inserting  in 
place  thereof  the  words  :  —  the  westerly  line  of  Forest 
street,  north  fifty-three  degrees  west,  through  a  point 
three  hundred  feet  south  of  the  southerly  base  of  Pine 
hill,  and  thence  in  the  same  course  two  thousand  two 
hundred  and  seventy  feet  to  a  point  at  or  near  Meeting- 
house brook,  so-called ;  thence  north  twenty-five  degrees 
west,  two  thousand  two  hundred  and  eighty  feet  to  a 
point ;  thence  north  fifty-four  degrees  west,  eight  hundred 
and  thirty  feet  to  a  point ;  and  thence  north  thirty-three 
degrees  west,  to  the  boundary  line  of  the  town  of  Win- 
chester ;  nor  east  of  said  westerly  line  of  Forest  street 
and,  — so  as  to  read  as  follows  :  —  Section  4.     Said  board  ^"7  acquire, 

1      11   1  •  ••11  '111       maintain,  etc., 

shall  have  power  to  acquire,  maintain  and  make  available  P"t'iic  open 
to  the  inhabitants  of  said  district  open  spaces  for  exercise  ^^^'^'^'^^' 
and  recreation ;  and  to  this  end,  acting  so  far  as  may  be 
in  consultation  with  the  proper  local  boards,  shall  be 
authorized  to  take,  in  fee  or  otherwise,  in  the  name  and 
for  the  benefit  of  the  Commonwealth,  by  purchase,  gift, 
devise  or  eminent  domain,  lands  and  rights  in  land  for 
public  open  spaces  within  said  district,  or  to  take  bonds 
for  the  conveyance  thereof;  and  to  preserve  and  care  for 
such  public  reservations,  and  .also,  in  the  discretion  of 


274 


Acts,  1895.  — Chap.  272. 


Provisos. 


Police,  rules, 
penalties,  etc. 


said  bocard  and  upon  such  terms  as  it  may  approve,  such 
other  open  spaces  within  said  district  as  may  be  entrusted, 
given  or  devised  to  said  board  or  to  the  Commonwealth, 
by  the  United  States,  or  by  cities,  towns,  corporations  or 
individuals,  for  the  general  pur})oses  of  this  act,  or  for 
any  one  or  more  of  such  purj)oses  as  the  donor  may 
designate :  provided,  hoivever,  that  no  private  property 
taken  for  the  purpose  of  this  act  shall  be  taken  under  the 
right  of  eminent  domain  without  the  concurrence  of  a 
majority  of  the  board  and  of  the  board  of  ))ark  commis- 
sioners, if  any,  of  the  city  or  town  in  which  such  prop- 
erty is  situated ;  provided,  further,  that  no  land  shall  be 
taken  by  the  right  of  eminent  domain  in  that  part  of  the 
city  of  Medford  known  as  the  INliddlesex  Fells,  southerly 
of  a  line  drawn  from  the  westerly  line  of  Forest  street, 
north  tifty-three  degrees  west,  through  a  point  three  hun- 
dred feet  south  of  the  southerly  ])ase  of  Pine  hill,  and 
thence  in  the  same  course  two  thousand  two  hundred  and 
seventy  feet  to  a  point  at  or  near  INIceting-house  brook, 
so-called;  thence  north  twenty-five  degrees  west,  two 
thousand  two  hundred  and  eighty  feet  to  a  point ;  thence 
north  fifty-four  degrees  west,  eight  hundred  and  thirty 
feet  to  a  point ;  and  thence  north  thirty-three  degrees 
west,  to  the  boundary  line  of  the  town  of  "Winchester ; 
nor  east  of  said  westerly  line  of  Forest  street  and  south- 
erly of  a  line  drawn  from  said  southerly  base  of  Pine 
hill,  east  to  the  eastern  boundary  of  said  fells  ;  provided, 
further,  that  said  board  shall  not  take  by  purchase  or 
right  of  eminent  domain,  under  this  act,  any  land  or  other 
property  to  an  amount  exceeding  in  value  in  the  aggre- 
gate, with  land  or  other  property  previoush'  taken  by 
purchase  or  eminent  domain  hereunder,  ninety  per  centum 
of  the  total  amount  a})propriated  1)}^  the  legislature  or 
contributed  by  individuals  or  corporations  for  that  pur- 
pose, provided,  further,  that  nothing  in  this  act  shall  be 
construed  to  limit  existing  rights  of  any  city  or  town  in 
relation  to  water  supply  purposes,  or  in  any  way  obstruct 
their  taking  advantage  of  such  rights.  In  furtherance 
of  the  powers  herein  granted,  said  lioard  may  em[)l<)y  a 
suitable  police  force,  make  rules  and  regulations  for  the 
government  and  use  of  the  public  reservations  under  their 
care,  and  for  breaches  thereof  affix  penalties  not  exceed- 
ing twenty  dollars  for  one  offence,  to  be  imposed  by  any 
court  of  competent  jurisdiction ;  and  in  general  may  do 


Acts,  1895.  — Chaps.  273,  274.  275 

all  acts  needful  for  the  proper  execution  of  the  powers 
and  duties  granted  to  and  imposed  upon  said  board  l)y  the 
terms  of  this  act.     Said  board  shall  also  have  poM^er  to  Expenditure  of 

1  ^      n         ^  iji  •        •        i  •  trust  funds. 

expend  such  lunds,  whether  principal  or  income,  as  may 
be  given  in  trust,  as  provided  for  in  section  five. 

Apjjroved  April  12, 1895. 


An  Act  to  provide  for  the  removal  of  prisoners  committed  (^'kfj^t  97^ 
TO  county  prisons  by  united  states  courts.  "' 

Be  it  eyiactecl,  etc.,  as  follows : 

The  commissioners  of  prisons  shall  have  the  same  right  Removal  of  cer- 

.  |.  ••11  e  ^         tain  prisoners 

and  authority  to  remove  trom  one  jail  or  house  oi  correc-  committed  by 
tion  to  another,  or  to  the  ^Massachusetts  reformatory,  or  courts. 
to  the  reformatory  prison  for  women,  a  person  committed 
to  such  jail  or  house  of  correction  by  any  United  States 
court,  that  they  have  to  remove  a  person  committed  by 
any  court  of  the  Commonwealth,  and  all  laws  in  regard  to 
the  removal  of  prisoners  committed  by  any  court  of  the 
Commonwealth  shall  apply  to  the  removal  of  a  person 
committed  by  any  United  States  court. 

Aj)]) roved  April  12,  IS 95. 


Chap.274: 


An  Act  to  authorize  the  town  of  melrose  to  incur  addi- 
tional indebtedness  for  the  purpose  of  constructing  a 

SYSTEM   of   sewerage. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  town  of  Melrose,  for  the  purpose  of  ^eirose 

,,.  n   1        '  ^   •  -I  '  •     •  Sewerage  Loan, 

deiraymg  the  expense  oi  laying,  making  and  maintaining  Actofisgs. 
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  an  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  1895  ;  shall  be  payable  at  the  expiration  of 
periods  not  exceeding  thirty  years  from  the  date  of  issue, 
shall  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  four  per  cent,  per  annum,  and  shall  be  signed 
by  the  treasurer  and  countersigned  liy  the  sewer  commis- 
sioners of  said  town.  Said  town  may  sell  such  securities 
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 


276 


Acts,  1895.  — Chai\  275. 


or  sold  except  in  coinplianee  with  the  vote  of  said  town, 
nor  for  less  than  par  value  thereof. 

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

Approved  April  12,  1895. 


1893,  417,  §  149, 
amended. 


ChciT)'^75  An  Act  kklative  to  the  DiSTiirurTiox  of  circulahs  and  i*rixted 

MATTER  IN  TUE  VICINITV  OF  POLLIXG  I'LACES. 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1.  Section  one  hundred  and  forty-nine  of 
chapter  four  hundred  and  seventeen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three  is  hereby  amended  by 
inserting  in  the  thirteenth  line,  after  the  word  '*  rail",  the 
words: — and  no  other  poster,  card,  handbill,  placard, 
picture  or  circular,  except  a  paster  to  be  placed  upon  the 
official  ballot,  intended  to  influence  the  action  of  the  voter, 
shall  be  jjosted,  circulated  or  distributed  in  the  polling 
place,  in  the  building  in  which  the  polling  place  is  located, 
or  on  the  walls  thereof,  or  on  the  premises  on  which  the 
building  stands,  or  on  the  sidewalk  adjoining  the  premises 
where  such  election  is  ])eing  held,  —  and  by  inserting  in 
the  twenty-sixth  line,  after  the  word  "rail",  the  words: 
—  and  no  other  poster,  card,  handbill,  placard,  picture  or 
circular,  except  a  paster  to  be  placed  upon  the  official 
ballot,  intended  to  influence  the  action  of  the  voter,  shall 
be  posted,  circulated  or  distributed  in  the  polling  place, 
in  the  l)uilding  in  which  the  polling  place  is  located,  or  on 
the  walls  thereof,  or  on  the  premises  on  which  the  build- 
ing stands,  or  on  the  sidewalk  adjoining  the  premises 
where  such  election  is  being  held,  —  .so  as  to  read  as 
follows  :  —  Section  149.  The  presiding  election  officer 
at  each  polling  place  in  a  city  or  town  shall,  on  the  day  of 
any  election  of  state  or  city  officers,  before  the  opening 
of  the  polls,  open  the  package  containing  the  cards  of 
instruction,  specimen  ])allotH  and  copies  of  any  proposed 
amendments  to  the  constitution,  which  have  been  received 
for  such  polling  place,  and  shall  cause  not  less  than  three 
such  cards  and  three  such  copies,  if  any,  and  not  less  than 
five  specimen  ballots  to  be  posted  in  and  about  the  polling 
place  outside  the  guard  rail,  and  shall  also  cause  thecards 
of  instruction  and  a  copy  of  any  proposed  amendment  to 
be  posted  at  or  in  each  marking  shelf  or  compartment 
inside  the  guard  rail ;  and  no  other  poster,  card,  handbill, 
placard,  picture  or  circular,  except  a  paster  to  be  placed 
upon  the  official  ballot,  intended  to  influence  the  action 


State  and  city 
elections,  post- 
ing of  instruc- 
tions, etc.' 


Certain  hand- 
bills, etc.,  not  to 
be  circulated, 
etc. 


Acts,  1895.  — Chap.  276.  277 

of  the  voter,  shall  be  posted,  circulated  or  distributed  in 
the  polling  place,  in  the  building  in  which  the  polling 
place  is  located,  or  on  the  walls  thereof,  or  on  the 
premises  on  which  the  building  stands,  or  on  the  side- 
walk adjoining  the  premises  where  such  election  is  being 
held.     The  presiding  election  officer  at  each  polling  place  Delivery  of 

hii        ,      ,1  •  p    J.1  n  J.  1         1       i.'  ballots  to  ballot 

all  at  the  opening  ot  the   polls  at  any   such  election  clerks. 

jHiblicly  break  the  seals  of  the  packages  containing  the 

ballots  for  distribution   at  such  polling  place,  open  the  • 

packages,  and  deliver  the  ballots  to  the  ballot  clerks. 

In  elections  of  town  officers  in  towns,  for  which  ballots  Town  elections, 
have  by  law  been  provided  at  the  expense  of  the  town,  8t°ructk.n8/etc. 
the  town  clerk  shall,  on  the  day  of  election,  before  the 
opening  of  the  polls,  cause  not  less  than  three  cards  of 
instruction  and  not  less  than  five  specimen  ballots  to  be 
posted  in  or  about  the  polling  place  outside  the  guard 
rail,  and  shall  cause  cards  of  instruction  to  be  posted  at  or 
in  each  marking  shelf  or  compartment  inside  the  guard 
rail,  and  no  other  poster,  card,  handbill,  placard,  picture  Certain  hand- 
or  circular,  except  a  paster  to  be  placed  upon  the  official  be  circulated, 
])allot,  intended  to  influence  the  action  of  the  voter,  shall  ^'°' 
be  posted,  circulated  or  distrilmted  in  the  polling  place, 
in  the  building  in  which  the  polling  place  is  located,  or 
on  the  walls  thereof,  or  on   the  premises  on  which  the 
building  stands,  or  on  the  sidewalk  adjoining  the  premises 
where  such  election  is  being  held. 

The  town  clerk  shall  likewise  on  the  day  of  election.  Delivery  of 
before  the  opening  of  the  polls,  deliver  the  ballots  to  the  cierL! 
ballot  clerks,  who  shall  receipt  therefor,  and  their  receipt 
shall  be  preserved  in  the  of^ce  of  the  clerk  for  the  period 
of  one  year.  No  such  ballots  shall,  however,  be  delivered 
to  voters  until  a  moderator  has  l)een  chosen  in  the  manner 
provided  by  law. 

Section  2.     Whoever  violates  the  provisions  of  this  act  Penalty. 
shall  be  punished  by  a  fine  not  exceeding  twenty  dollars. 

Approved  A2)ril  12,  1895. 

An  Act  to  authorize  the  employment  of  a  legacy  tax  clekk  n},f,rr^  97(5 

IN   THE   TKEASUKY   DEPARTMENT. 

He  it  enacted,  etc.,  as  follows: 

Section  1.     The  treasurer  and  receiver  general  may  i^egacytax 
employ  in  his  department  a  legacy  tax  clerk,  who  shall  sniion.'^"™^^"' 
receive  an  annual  salary  of  eighteen  hundred  dollars. 

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

Approved  April  16,  1893. 


278  Acts,  1895.  — Chaps,  277,  278. 


CJlCip.277  ^^  -^^^'^   ^^   AUTHORIZE  THE   SALE,   DfUING   FEBUUARY   AND   MARCH, 
OF   CERTAIN   TROUT   ARTIITCIALLY   REARED. 

Be  it  enacted,  etc.,  as  foUoivs  : 

fena°ntrout  Section  1.     Ti'Dut  Dot  Icss  than  niiiG  inches  in  lenirth, 

authorized.        hatched  from  the  esg  in  the  house  of  the  owner  and  irrown 

in  pools  of  said  owner,  may  be  sold  for  food  during  the 

months  of  February  and  March, 
renaity.  Section  2.      Wlioevcr  sells  any  trout  in  said  months, 

except  as   provided   in   the    preceding    section,   shall  be 

punished  by  a  fine  of  tAventy  dollars  for  each  offence. 

Apj)roved  April  16,  1895. 

C7iaj).27S  ^^    ■^^'^    RELATIVE    TO    THE    ABOLITION    OF   A    GRADE    CROSSING    m 

THE   TOAAT^   OF   "WESTFIELD. 

Be  it  enacted,  etc.,  as  follows : 

etc^  aTterations  Section  1.  Thc  supcrior  court,  and  the  justices  thereof, 
in  railroad,  etc.  aud  the  commissioii  appointed  therein'  to  consider  the  abo- 
lition of  the  grade  crossing  of  the  railroad  of  the  l^oston 
and  Albany  Kailroad  Company  and  ^'orth  Elm  street,  in 
Westfield,  are  authorized  to  prescribe,  order  and  decree 
the  raising  of  the  tracks  and  railroad,  the  bridge  across 
the  Westfield  river,  and  iho  depot,  owned  by  the  New 
Haven  and  Northampton  ('onij)aiiy,  and  leased  to  the  New 
York,  New  Haven  and  Hartford  Kailroad  Company,  and  to 
prescribe,  order  and  decree  such  other  alterations  in  said 
railroad,  bridge  and  depot  as  they  may  deem  necessary  or 
advisable  for  the  alteration  or  abolition  of  said  crossing. 
To  be  com-  Section  2.     Ahv  raisiiio;  or  alteration  of  said  railroad, 

meuced  witriln  i  i      •  i  i'  i  •  i     -n'  -v       i 

Pix  moutiis after  traclvS,  bridge  or  de})ot  shall  be  done  by  said  New  1  ork, 

ccrec.e  c.  ^^^^,  Havcn  aud  Hartford  Kailroad  Company,  according  to 

specifications  furnished  by  said   commission,  and  shall  be 

commenced  within  six  months  after  the  iinal  decree  of  said 

court  and  prosecuted  to  completion  with  reasonable  dili- 

Espenscs.  gcHcc.  The  cxpeuscs  incurred  in  such  raising  or  altera- 
tion shall  be  repaid  to  said  New  York,  New  Haven  and 
Hartford  Railroad  Com])any,  and  shall  be  a  part  of  the 
expense  of  the  abolition  of  said  crossing,  to  be  audited 
and  ap})ortioned  among  and  ])aid  by  the  Commonwealth, 
the  town  of  AVcsttield  and  the  lioston  and  Albany  Eail- 
road  Company  as  the  said  commission  and  court  shall 
order  and  decree. 

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

A2)proved  April  17,  1805. 


Acts,  1895.  — Chap.  279.  279 


An    Act   to  authorize  the  city  of  quixcy  to  construct  a  QJiccp.^lQ 

SYSTEM   of   SE average. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  The  city  of  Quincy  is  hereby  authorized  to  May  construct 
adopt  and  construct  from  time  to  time  a  system  or  systems  sewerage°etc. 
of  sewerage  and  sewage  disi)osal,  substantially  in  accord- 
ance with  general  plans  which  may  be  adopted  by  the  city 
council  of  said  city  and  approved  by  the  state  board  of 
health ;  and  is  authorized  to  connect  all  or  any  of  said 
systems  of  sewerage  with  the  sewers  or  sewerage  system 
or  systems  of  the  city  of  Boston,  the  town  of  Hyde  Park, 
the  town  of  Milton,  or  of  the  Metropolitan  district,  for  the 
purpose  of  disposing  of  sewage  through  the  same  ;  and  is 
authorized  to  make  contracts  w^ith  said  city,  towns  or  dis- 
trict, for  that  purpose,  or  to  contract  with  the  town  of 
]\lilton  to  furnish  a  sufficient  outlet  for  the  sewerage  sys- 
tems of  said  town ;  and  in  such  case  said  town  shall  have 
and  may  exercise  within  said  city  of  Quincy  all  the  powers 
prescribed  in  section  three  hereof,  so  far  as  necessary  to 
enable  it  to  connect  its  sewerage  systems  with  the  sewer- 
age system  of  Quincy.  The  compensation  to  be  paid  by 
said  town,  after  the  first  five  years,  for  furnishing  such 
outlet,  if  not  agreed  on,  shall  be  fixed  at  intervals  of  five 
years,  by  three  commissioners  to  be  appointed  T)y  the 
supreme  judicial  court,  to  which  court  their  award  shall 
be  returned.     The  exchisive  authority  to  construct,  lay.  Authority  to 

•     ,     •  •  ^J_  1  xii  !!•  construct,  etc., 

maintam,  repair,  alter  and  operate  all  sewers  and  drains  to  be  vested 
embraced  within  such  system  or  systems,  and  such  other  sewerage"^ 
works  as  may  be  required  to  be  constructed,  maintained  commissioners. 
and  operated  for  a  system  of  sewage  disposal  for  said  city 
of  Quincy,  shall  be  vested  in  a  board  of  sewerage  com- 
missioners, to  be  appointed  as  hereinafter  provided :  2^^'o-  Provisos. 
vided,  however,  that  said  commissioners  from  time  to  time, 
whenever  any  section  of  said  system  or  systems  is  com- 
pleted and  put  in  successful  operation,  shall,  upon  request 
of  the  mayor,  transfer  the  management,  operation   and 
control  of  the  same  to  the  commissioner  of  public  works 
of  said  city  of  Quincy  ;  and  thereafter  said  commissioner 
shall  have  exclusive  authority  to  maintain,  repair,  alter 
and    operate    such  section ;    and  provided,  further,   that 
whenever  said  system  or  systems  shall  be  substantially 
completed  and  put  in  successful  operation  said  commis- 
sioners, upon  written  request  of  the  mayor,  shall  trans- 


280 


Acts,  1895.  — Chap.  279. 


Sewerage 
commissioners, 
appointment, 
terms,  etc. 


Vacancies, 
removals,  etc. 


Compensation, 
etc. 


May  take  lands, 
divert  streams, 
construct 
sewers,  etc. 


fer  the  same  to  said  commissioner  of  public  works ;  and 
thereupon  the  powers  of  said  board  of  sewerage  commis- 
sioners shall  cease  and  all  of  its  powers  shall  be  vested  in, 
and  all  of  its  duties  imposed  upon,  said  commissioner  of 
public  works.  Said  commissioners  shall  make  all  con- 
tracts for  the  above  purposes  in  the  name  and  behalf  of 
the  city  of  Quincy,  but  no  contract  shall  be  made  by  them 
M'hich  involves  the  expenditure  of  money  not  already  ap- 
propriated for  the  pur[)ose  by  the  municipal  government 
of  said  Quincy. 

Section  2.  Said  board  shall  consist  of  three  commis- 
sioners, who  shall  be  citizens  of  said  city  of  Quincy  and 
shall  be  appointed  by  the  mayor  as  soon  as  practicable 
after  this  act  shall  have  l)een  accepted  by  the  voters  of 
said  city  of  Quincy  as  hereinafter  provided ;  they  shall 
hold  their  offices  respectively  until  the  expiration  of  one, 
two  and  three  years  from  the  first  INIonday  in  February 
next  preceding  their  appointment,  and  until  their  respec- 
tive successors  have  been  appointed  and  qualified,  unless 
they  shall  sooner  resign  or  be  removed  for  cause  as  here- 
inafter provided ;  and  thereafter  in  January  in  each  suc- 
ceeding nninicipal  year  one  person  shall  be  so  appointed  a 
member  of  said  l)oard,  who  shall  hold  office  for  three  years 
from  the  first  jNIonday  in  Fel)ruary  next  ensuing  and  until 
his  successor  has  been  appointed  and  qualified,  unless  his 
duties  are  sooner  terminated  as  hereinafter  provided.  Ap- 
pointments to  fill  vacancies  which  may  occur  b}'  death, 
resignation  or  otherwise  shall  l)e  made  without  delay  Ijy 
the  mayor,  and  he  msiy  remove  any  sewerage  commis- 
sioner from  office  for  the  causes  and  in  the  manner  pro- 
vided in  section  twenty- seven  of  chapter  three  hundred 
and  forty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-eight.  Said  commissioners  shall  have  such 
office  room  and  clerical  assistance  and  shall  receive  such 
compensation  as  the  city  council  from  time  to  time  may 
determine. 

Section  3.  Said  board  of  commissioners,  acting  in 
behalf  of  said  city  of  Quincy,  shall  have  full  power  to 
take  by  purchase  or  otherwise,  for  the  purposes  aforesaid, 
any  lands,  flats,  water  rights,  rights  of  way  or  easements 
in  said  city  of  Quincy  necessary  for  the  establishment  of 
such  system  or  systems  of  sewerage  and  sewage  disposal, 
and  for  main  drains  and  common  sewers,  if  any,  not  in- 
cluded in    such   system   or   systems,   together   with   the 


Acts,  1895.  — Chap.  279.  281 

outlet  or  outlets  for  the  discharge  of  the  sewage  into  tide 
water,  and  the  connections  therewith ;  and  ma}'  divert 
streams  or  water  courses,  may  construct  sewers  under  or 
over  any  water  course,  street,  bridge,  embankment,  rail- 
road, highway  or  other  way,  in  such  manner  as  not  un- 
necessarily to  obstruct  the  same,  and  may  enter  upon  and 
dig  up  any  private  land  or  street  for  tiie  purposes  of 
lading  such  sewers  beneath  the  surface  thereof  and  of 
maintaining  and  repairing  the  same,  and  may  do  any  other 
thing  necessary  or  proper  in  executing  the  purposes  of 
this  act. 

Section  4.  Said  board  shall,  within  thirty  days  after  Descripuou  of 
its  selection  of  any  lands,  •flats,  water  rights,  rights  of  recorded!' ^° ^'^ 
way,  easements  or  other  property  to  l)e  purchased  or 
taken  under  this  act,  file  or  cause  to  be  recorded  in  the 
registry  of  deeds  for  the  county  of  Norfolk  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  are  taken  or  pur- 
chased, which  description  and  statement  shall  be  signed 
by  said  commissioners,  and  the  fee  or  title  of  the  land  or 
property  so  taken  or  purchased  shall  thereupon  vest  in 
the  city  of  Quincy  ;  and  the  date  of  such  filing  or  record- 
ing shall  be  deemed  the  date  of  the  taking.  Said  city  of  Damages. 
Quincy  shall  be  liable  to  pay  all  damages  that  shall  be 
sustained  by  any  person  or  corporation  by  reason  of  said 
taking,  such  damages  to  be  ascertained  and  determined  in 
the  manner  provided  in  the  general  laws  in  regard  to 
ascertaining  and  determining  damages  in  case  of  the  lay- 
ing out,  altering  or  discontinuing  of  highways. 

Section  5.     In  every  case  of  a  petition  for  the  assess-  city  may  offer 

1        t-     1  jy  •  •i'j_/'/^'  J    a  Bpeclfied  sum, 

ment  ot  damages  or  tor  a  jury  said  city  ot  Qumcy  may  at  etc: 
any  time  file  an  ofler  in  writing  with  the  other  papers  in 
the  case,  to  pay  the  petitioner  a  sum  therein  specified  as 
damages,  and  if  he  does  not  accept  the  same  wdthin  ten 
days  after  notice  of  such  offer  and  does  not  finally  recover 
a  greater  sum  than  that  offered,  not  including  interest  from 
the  date  of  the  offer  on  the  sum  so  recoverecl,  the  city  shall 
recover  costs  from  said  date,  and  if  the  petitioner  does 
not  recover  damages  in  a  greater  sum  than  that  offered  as 
aforesaid  he  shall  be  entitled  to  costs  only  to  the  date  of 
the  offer. 

Section  6.     Said  city  of  Quincy  shall,  in  respect  to  all  fofppiy'.*'°- 
work  and  structures  in  tide  water  below  high  water  mark, 
be  subject  to  the  provisions  of  chapter  nineteen  of  the 


282 


Acts,  1895.  — Chap.  279. 


Report  of 
proceedingB, 
etc.,  to  be  roade 
to  city  council, 
etc. 


Apportionment 
of  cost  of 
system . 


Payment  of 

assessments, 

etc. 


rrovisoa. 


Pul^lic  Statutes  and  of  all  acts  in  amendment  thereof,  so 
far  as  the  same  are  a})plicable  to  the  subject-matter  of  this 
act. 

Sectiox  7.  Said  board  shall  make  a  semi-annual  re- 
port of  its  proceedings  and  expenditures  to  the  city 
council,  and  shall  make  further  reports  when  requested 
so  to  do  by  the  city  council.  Said  commissioners  shall 
cause  to  be  made  and  retained  in  their  office,  at  the  ex- 
pense of  the  city,  complete  plans  and  descriptions  of  all 
sewers  and  drains  composing  said  system  or  systems,  or 
otherwise  belonging  to  the  city,  and  shall  keep  a  true 
record  of  the  charges  of  making  and  re})airing  the  same 
and  of  all  assessments  therefor. 

Section  8.  The  city  council  of  said  city  of  Quincy 
may  by  vote  determine  what  proportion  of  the  cost  of  said 
system  or  systems  of  sewers  said  city  of  Quincy  shall  pay  : 
2)rovided,  that  it  shall  not  pay  less  than  one  third  uor  more 
than  one  half  of  the  whole  cost.  The  remaining  cost  of 
said  system  or  systems  shall  be  borne  by  the  owners 
of  estates  situated  within  the  territory  embraced  by  it 
and  benefited  thereby,  l)ut  no  estate  shall  be  deemed  to 
be  benefited  unless  or  until  a  sewer  is  constructed  into 
which  it  can  be  drained.  Assessments  or  charges  for  de- 
fraying said  remaining  cost  shall  be  made  on  the  owners 
of  such  estates  by  said  commissioners  in  such  manner  as 
the  city  council  of  said  city  of  Quincy  may  by  vote  deter- 
mine, in  accordance  with  the  provisions  of  chapter  fift}' 
of  the  Public  Statutes  and  acts  in  amendment  thereof  and 
in  addition  thereto ;  and  every  such  owner  shall  within 
three  months  after  written  notice  of  such  assessment  or 
charge,  served  on  him  or  on  the  occupant  of  his  estate,  or 
sent  by  mail  to  the  last  address  of  said  owner  known  to 
said  commissioners,  pay  the  sum  so  assessed  or  charged, 
to  the  city  treasurer ;  provided,  that  said  board  shall,  on 
the  written  request  of  any  such  owner  made  within  said 
three  months,  apportion  such  assessment  or  charge  into 
such  number  of  equal  parts  or  instalments,  not  exceed- 
ing ten,  as  said  owners  shall  state  in  such  request,  and 
they  shall  certify  such  apportionment  to  the  assessors ; 
interest  from  the  date  of  said  apportionment  at  the  rate 
of  five  per  cent,  per  annum  shall  be  added  to  each  of  said 
assessments  or  charges  until  they  are  paid,  and  one  of 
said  parts  shall  be  added  by  the  assessors  to  the  annual 
tax  on  such  estates  for  each  year  next  ensuing  until  all 


Acts,  1895.  — Chap.  279.  28a 

said  parts  have  been  so  added,  unless  sooner  paid,  as 
hereinafter  provided  ;  and  jjrovided,  furthe)',  that  nothing 
herein  contained  shall  be  construed  to  prevent  the  pay- 
ment at  any  time  in  one  payment,  notwithstanding  its 
prior  apportionment,  of  any  bahmce  of  said  assessments 
or  charges  then  remaining  unpaid,  but  interest  on  such 
baUmceat  the  rate  of  live  per  cent,  per  annum  shall  be 
paid  to  the  date  of  such  payment ;  and  thereupon  the  city 
treasurer  shall  receive  the  same  and  shall  certify  such 
payment  or  payments  to  the  assessors,  who  shall  preserve 
a  record  thereof.  In  cases  of  corner  lots  and  lots  abutting 
on  more  than  one  sewered  street  the  same  area  shall  not  be 
assessed  more  than  once. 

Section  9.  An  assessment  or  charge  made  under  the  AsBesamentto 
provisions  of  section  eight  shall  constitute  a  lien  upon  the  upon  estate,  etc. 
estate,  which  shall  continue  for  three  years  after  it  is 
made  and  notice  served  as  above-provided,  or  in  case  of 
apportionment,  until  the  expiration  of  two  years  from  the 
time  the  last  instalment  is  committed  to  the  collector ;  and 
said  assessment  or  charge  together  with  interest  at  the 
rate  of  five  per  cent,  per  annum  may,  with  incidental  costs 
and  expenses,  be  levied  by  sale  of  such  estate  or  so  much 
thereof  as  shall  be  sufficient  to  discharge  the  assessment 
or  charge  and  intervening  charges,  if  the  assessment  or 
charge  is  not  paid  within  three  months  after  service  of 
said  notice,  or  if  apportioned,  within  three  months  after 
any  part  has  become  due.  Such  sale  and  all  proceedings 
connected  therewith  shall  be  conducted  in  the  same  manner 
as  sales  for  the  payment  of  taxes  ;  and  real  estate  so  sold 
may  be  redeemed  the  same  as  if  sold  for  the  non-payment 
of  taxes,  and  in  the  same  manner.  Such  assessment  or  May  be  collected 
charge  or  parts  thereof  may  also  l)e  collected  by  an  action  contract. 
of  contract  in  the  name  of  the  city  of  Quincy  against  the 
owner  of  said  estate,  brought  at  any  time  within  three 
years  after  the  same  has  become  due. 

Section  10.     Any  person  aggrieved  by    such   assess-  Persons 
ment  or  charge  may,  at  any  time  within  three  months  after  nppiy  for  jury 
service  of  the  notice  mentioned  in  section  nine  of  this  asseTsment. 
act,  apply  to  the  superior  court  of  said  county  for  a  jury 
to  revise  the  same,  but  before  making  such  application  he 
shall  give  fourteen  days'  notice  in  writing  of  his  intention 
so  to  do  to  the  commissioners,  and  shall  therein  particu- 
larly specify  his  objection  to  the  assessment  or  charge,  to 
which  specification  he  shall  be  confined  before  the  jury. 


284  Acts,  1895.  — Chap.  279. 

toa^ppiy."**'  Section  11.     All  tho  provisions  of  chapter  fifty  of  the 

Pul)lic  Stututos  and  of  acts  in  aniondmont  thereof  or  in 
addition  thereto  ])ertaininir  to  sewers  and  drains,  not  in- 
consistent with  this  act,  shall  apph'  to  the  city  of  Quincy 
in  carrying  out  the  provisions  of  this  act. 

yewewge  Loan.  Section  12.  Tlic  city  of  Quiucv,  for  the  purpose  of 
paying  the  necessary  expenses  and  lial)ilities  incurred 
under  this  act,  may  incur  indebtedness  and  may  issue 
from  time  to  time  as  may  be  required  therefor,  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  four  hundred 
thousand  dollars  outside  the  lin^it  of  indebtedness  fixed 
l)y  law  for  said  city,  and  the  provisions  of  section  four  of 
chapter  twenty-nine  of  the  Pul^lic  Statutes,  as  amended 
by  chapter  three  hundred  and  twelve  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-five  shall  not  apply  to 
any  debt  created  under  the  authority  conferred  by  this  act. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the 
words,  (Quincy  Sewerage  Loan,  shall  be  ])ayable  within 
such  periods,  not  exceeding  forty  years  from  the  issuing 
of  such  bonds,  notes  or  scrip,  respectively,  and  bear 
interest  payable  semi-annually  at  such  rate,  not  exceeding 
five  per  cent,  per  annum,  as  the  city  council  may  deter- 
mine. The  city  of  Quincy  may  sell  such  securities,  or 
any  part  thereof,  from  time  to  time  at  public  or  private 
sale,  or  pledge  the  same  for  money  borrowed  for  the  pur- 
poses of  this  act,  provided  that  they  shall  not  be  sold  or 
pledged  for  less  than  the  ])ar  value  thereof;  and  said  city 
shall  retain  the  proceeds  thereof  in  the  treasury,  and  the 
treasurer  shall  pay  therefrom  the  expenses  incurred  for 
the  purposes  aforesaid  ;  but  the  premiums,  if  any,  received 
on  the  sale  of  such  bonds,  notes  or  scrip  shall  be  paid 
over  to  the  board  of  sinking  fund  connnissioners  and  be 
placed  in  the  sinking  fund  of  said  city  of  Quincy,  created 
for  the  payment  of  the  loan  herein  authorized  ;  or,  in  case 
said  sinking  fund  is  not  established  as  hereinafter  pro- 
vided for,  shall  be  applied  to  the  reduction  of  the  principal 
of  said  debt,  either  by  the  purchase  and  retirement  of  a 
portion  of  the  outstanding  bonds  or  by  the  payment  of 
bonds  at  maturit3^ 

Payment  of  Section  13.     The  rccelpts  from  annual  rates,  assess- 

ments, and  payments  made  in  lieu  thereof,  under  this  act 
shall,  after  deducting  all  charges  and  expenses  for  and 
incident  to  the  maintenance  and  operation  of  said  system 
or  systems,  be  applied  first  to  the  payment  of  the  interest 


Acts,  1895.  — Cilvp.  279.  285 

upon  said  bonds,  notes  or  scrip  issued  under  the  authority  Payment  of 
of  this  act,  and  the  balance  shall  be  set  apart  to  meet  the 
requirements  of  the  sinking  fund  for  the  payment  and  re- 
demption of  said  bonds,  notes  or  scrip,  as  provided  in 
section  nine  of  chapter  twenty-nine  of  the  Pu])lic  Statutes, 
or  shall  be  applied  by  said  city  of  Quincy  to  extinguish 
said  debt  if  said  sinking  fund  is  not  established.  If  the 
surplus  net  income  from  said  rates,  assessments,  and  pay- 
ments made  in  lieu  thereof,  shall  in  any  year  be  insufficient 
to  pay  the  interest  on  said  bonds,  notes  or  scrip,  and  to 
meet  the  requirements  of  law  either  as  to  said  sinking 
fund,  as  hereinbefore  provided,  or  as  to  the  annual  pro- 
portionate payments  hereinafter  provided  for,  then  in  such 
case  said  city  of  Quincy,  to  meet  said  deficiency,  shall 
raise  forthwith  by  taxation,  in  the  same  manner  as  money 
is  appropriated  and  assessed  for  other  city  plirposes,  such 
sum  as  will  together  with  said  net  income  be  sufficient  to 
meet  said  requirements  of  law.  Said  sinking  fund  shall 
be  used  for  no  other  purposes  than  the  payment  and 
redemption  of  said  debt.  Except  as  herein  otherwise  p.  s.  29  and 
provided  the  provisions  of  chapter  twenty-nine  of  the  appiy.'etc.'* 
Public  Statutes  and  of  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  shall,  so  far  as  applicable,  apply  to  the  issue  of  such 
bonds,  notes  or  scrip,  and  to  the  establishment  of  a  sink- 
ing fund  for  the  payment  thereof  at  maturity.  If  in  any 
year  said  surplus  net  income  shall  be  in  excess  of  the  sum 
necessary  to  pay  said  interest  and  to  meet  the  require- 
ments of  the  sinking  fund  for  said  year,  or  of  the  annual 
proportionate  payments  hereinafter  provided  for,  the  sur- 
plus, together  with  any  other  amounts  appropriated  from 
time  to  time  1iy  said  city  of  Quincy  for  the  payment  of  said 
principal  sum,  shall  be  added  to  said  sinking  fund  or  be 
applied  to  the  reduction  of  the  principal  of  said  debt,  either 
by  purchase  and  retirement  of  a  portion  of  said  outstanding 
indebtedness  or  by  the  payment  of  the  same  at  maturity. 
All  bonds,  notes  or  scrip  of  said  city  of  Quincy  purchased 
for  redemption  or  retirement  under  this  act  shall  be  can- 
celled. The  sinking  funds  of  any  loan  of  said  city  of 
Quincy  may  be  invested  in  said  bonds,  notes  or  scrip. 

Section  14.     Said  city  of  Quincy  instead  of  establish-  ^"^  Pi'ply.*"  ^"^ 
ing  a  sinking  fund  may  by  vote  provide  for  such  annual  mentsonioan. 
proportionate  payments  of  said  indebtedness  as  will  ex- 
tinguish the  same  within  the  time  prescribed  in  this  act, 


286  Acts,  1895.  — Chap.  279. 

May  provide      j^j^j  f]^Q  ])rovisions  of  chaptcr  one  hundred  and  thirtv-three 

for  nninuil  pny-  .  >■  ,  *  i  i         i  i        •     i    ' 

lucuu  ou  loau.  ot  the  acts  ot  the  year  eighteen  hundred  and  eighty-two, 
except  as  herein  otherwise  expressly  provided  shall,  so 
far  as  api)Iicable,  apply  to  said  annual  proportionate  pay- 
ments. In  determining  the  amounts  of  the  several  annual 
payments  to  be  made  under  this  section  account  shall  be 
taken  in  each  year  of  the  aggregate  sums  already  received 
from  the  owners  of  benefited  estates  by  way  of  anticipa- 
tion of  the  parts  or  instalments  accruing  under  said  assess- 
ments. Each  of  said  annual  payments  to  be  made  under 
this  section  shall  be  such  and  only  such  as  shall,  at  the 
time  the  money  therefor  is  ajjpropriated,  appear  to  the 
city  council  of  the  city  of  Quiucy  to  be  sufhcient,  when 
added  to  the  other  like  annual  payments  and  the  several 
instalments  or  parts  of  assessments  then  unpaid,  to  dis- 
charge the  entire  indebtedness  at  maturity,  assuming  that 
the  several  instalments  to  fall  due  in  the  future  will  be 
paid  as  the  same  mature,  respectively,  and  not  before ; 
but  from  }'ear  to  year  as  it  may  be  found  that  parts  or 
instalments  of  assessments  have  been  paid  in  anticipation 
of  their  respective  dates  of  maturity  the  aggregate  sums 
actually  paid  into  the  city  treasury  of  said  city  of  Quincy 
up  to  the  3'ear  in  question  shall  be  taken  into  account  in 
fixing  the  })roportionate  payments  to  be  made  by  said  city 
during  that  year  and  subsequent  years. 

R^^peai-  Section  15.     So  much  of  chapter  three  hundred  and 

forty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  and  acts  in  amendment  thereof  as  is  inconsist- 
ent with  the  provisions  of  this  act  is  hereby  repealed. 

To  bo  Bui.mitted      SECTION  IG.     Q'liis  act  sliall  be  submitted  for  its  accept- 
to  quaiihea  ,        J^  T/>     1  J  r-     1  •  ,'  i\     •  1 

voters,  etc.  auce  to  tlio  qualincd  voters  ot  tlie  city  ot  Quincy,  and 
shall  be  void  unless  such  voters,  voting  in  their  respective 
wards  or  precincts  at  a  legal  meeting  called  by  order 
of  the  city  council  in  the  same  manner  as  meetings  for 
municipal  elections  are  called,  shall,  before  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-seven, 
determine  by  a  majority  of  ballots  to  accept  the  same. 

When  totnke  Section  17.     So  much  of  this  act  as  authorizes  the  sub- 

euect.  ,  , 

mission  of  the  question  of  its  acceptance  to  the  legal  voters 
of  said  city  of  Quincy  shall  take  ellect  upon  its  passage, 
but  it  shall  not  take  further  efioct  unless  and  until  ac- 
cepted, as  hereinbefore  provided,  by  the  qualified  voters 
of  said  city  of  Quincy  ;  and  the  number  of  meetings  called 
for  the  purpose  of  its  acceptance  shall  not  exceed  three  in 
any  year.  Apirroved  April  17^  1895. 


Acts,  1895.  — Chaps.  280,  281.  287 


An  Act  kelative  to  the  ehection  and  alteration  of  build-  nj^Qj^  9^() 

INGS  IN   the   CITV   OF   BOSTON.  "^   "" 

Be  it  enacted^  etc.^  as  follows: 

Section  fifty-five  of  chapter  four  hundred  and  nineteen  1892, 419,  §  55. 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-two  ""'•'"''^• 
is  lierel)y  amended  by  inserting  in  the  third  line,  after  the 
word    "them",  the  words:  —  and  every  permit  granted 
shall  state  for  what  purpose  the  building  is  designed  to 
be  used,  —  by  striking  out  in  the  fifth  line,   the  word 
*' seventy",  and  inserting  in  place  thereof  the  word:  — 
fifty,  —  by  inserting  in  the  eighth  line,  after  the  word 
"for",  the  words: — store  floors,  —  by  striking  out  in 
said   eighth   line,   the   words    "stores,   storehouses",   by 
striking  out  in  the  ninth  line,  the  word  "factories",  by 
inserting  in  the  tenth  line,  after  the  word,  "  schools",  the 
words  :  —  at  least,  — and  by  adding  at  the  end  the  words  : 
—  The  weight  for  floors  not  included  in  this  classification 
shall  be  determined  by  said  inspector,  subject  to  appeal 
as  provided  by  law,  —  so  as  to  read  as  follows  :  —  Section  ConBtmction  of 
55.     All  new  or  renewed  floors  shall  be  so  constructed  as  cHy'^of'Boston. 
to  carry  safely  the  weight  to  wdiich  the  proposed  use  of 
the  building  will  subject  them,  and  every  permit  granted 
shall  state  for  what  purpose  the  building  is  designed  to  be 
used ;  but  the  least  capacity  per  superficial  square  foot, 
exclusive  of  materials,  shall  be  :  —  For  floors  of  dwellin2:s,  strength  of 
fifty    pounds.     For   oflice   floors,    one   hundred   pounds.  ^'^^'^^' 
For  floors  of  public   buildings,   one    hundred   and   fifty 
pounds.     For  store  floors,  floors  of  warehouses  and  mer- 
cantile buildings  of  like  character,  drill  rooms  and  riding 
schools,   at   least   two  hundred  and   fifty  pounds.      The 
weight  for  floors  not  included  in  this  classification  shall 
be  determined  by  said  inspector,  subject  to  appeal  as  pro- 
vided by  law.  Approved  April  17,  1895. 


An    Act    RELATrV^E    to    misrepresentations    in    applications    for   njjfjj.  OQI 

MEMBERSHIP  IN   FRATERNAL   BENEFICIARY   CORPORATIONS.  ^  ' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     When  any  certificate  is  issued  to  a  resi-  certain  misrep- 
dent  of  the  Commonwealth  by  any  fraternal  beneficiary  t^rdefeat°or 
corporation  organized  under  the  laws  of  or  admitted  to  do  """''''''"■*''' 
business  in  this  Commonwealth,  no  oral  or  written  mis- 
representation or  warranty  made  by  the  assured  or  in  his 
l>ehalf  in  the  application  for  such  certificate,  or  in  the 


resentatious  not 
to  defeat  or 
avoid  certificate. 


288 


Acts,  1895.  —  Ch.vps.  282,  283. 


Chap.2S2 


Certain  provi- 
sions of  law 
extended. 


Shore  line  of 
grants,  etc., 
defined. 


Not  to  abridge 
certain  rights. 


negotiation  of  the  contract,  shall  be  deemed  material  or 
defeat  or  avoid  the  certiticate  or  prevent  its  attaching, 
unless  such  misrepresentation  or  warranty  is  made  with 
actual  intent  to  deceive,  or  unless  the  matter  misrepre- 
sented increased  the  risk  of  loss. 

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

Approved  April  17,  1895. 

Ax  Act  relative  to  oysteu  culture. 
Be  it  enacted,  etc.,  asfolloics: 

Section  1.  The  provisions  of  sections  ninety-seven, 
ninety-eight,  ninety-nine,  one  hundred  and  one  hundred 
and  one  of  chapter  ninety-one  of  the  Public  Statutes  and 
all  acts  in  amendment  thereof  or  in  addition  thereto,  are, 
so  far  as  applicable,  herel)}^  extended  so  as  to  apply  to 
oyster  shells  to  be  planted  for  the  purpose  of  catching 
the  oyster  seed. 

Section  2.  The  shore  line  of  the  grants  or  licenses 
mentioned  in  said  section  ninety-seven  shall  in  all  cases 
be  construed  to  be  the  line  of  mean  low  water,  so  far  as 
the  planting  and  growing  of  oysters  is  concerned,  and  the 
line  of  high  water  for  the  purpose  of  placing  said  shells, 
but  nothing  herein  contained  shall  authorize  the  placing 
of  such  shells  upon  the  land  of  any  riparian  owner,  be- 
tween high  water  and  low  water  mark,  without  the  written 
consent  of  such  owner. 

Section  3.  Nothing  in  this  act  shall  abridge  the  right 
now  enjoyed  by  any  inhabitant  of  the  Commonwealth  to 
take  clams  for  the  use  of  himself  and  family,  or  for  bait, 
not  to  exceed,  including  shells,  three  bushels  a  day. 

AjJjjroved  April  17,  1895. 


Metropolitan 
Parlis  Loans 
BinkiDg  Fund, 


ChdV'^SS  ^^    ^'^    RELATrV^E    TO    THE    METROPOLITAN   PARKS    LOANS    SINKING 

FUNDS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  treasurer  and  receiver  general  is 
hereby  authorized  to  consolidate  the  sinking  funds  es- 
tal)lished  for  the  payment  of  the  metropolitan  parks  loan, 
issued  under  the  provisions  of  chapter  four  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three  and  cha})ters  four  hundred  and  eighty-three  and  five 
hundred  and  nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  and  for  the  payment  of  the  metropolitan 


Acts,  1895.  — Chap.  284.  289 

parks  loan,  series  two,  issued  under  the  provisions  of 
chapter  two  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  into  one  sinking 
fund,  to  be  known  as  the  jNIetropolitan  Parks  Loans 
Sinking  Fund. 

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

Approved  April  17,  1895. 

An  Act  in  relation  to  the  care  and  custody  of  the  state  /^^^#^t  2S4 

HOUSE.  -^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  sergeant-at-arms  shall  have  the  general  ar^^s^ro  have 
charge  and  oversio-ht  of  the  state  house  and  its  ai)]:)Ui'te-  gL-nerai  charge 

o  o  ^  X.  L  tiDd  oversiffiit  of 

nances,  of  the  Commonwealth  building,  and  of  any  build-  state  house,  etc. 

ings  in  Boston  rented  by  the  Commonwealth  for  the  use 

of  public  officers,   and  shall  see  that  the  chambers  and 

lobbies  occupied  by  the  general  court  or  its  committees 

are,  both  during  sessions  and  recesses,  kept  clean  and  in 

good  order ;  shall  superintend  all  ordinary  repairs  thereof, 

and  shall  have  charge  of  the  current  expenses  for  the  care 

■and  preservation  of  the  state  house  and  its  appurtenances, 

and  of  the  Commonwealth  building,  and  for  the  ordinary 

repairs  of  the  furniture  and  fixtures  therein.     He  shall 

take  proper  precautions  against  damage  thereto,  or  to  the 

furniture,  fixtures  or  other  public  property  therein.     All  Requisitions  for 

.  I,        \  n  T  repairs,  furni- 

repairs,  improvements,  furniture,  fixtures  or  supplies  re-  ture,  etc. 
quired  for  use  in  the  state  house,  the  Commonwealth 
building,  or  any  office  hired  or  leased  by  the  Common- 
wealth, shall  be  made  or  furnished  only  upon  requisition 
to  the  sergeant-at-arms  and  duly  approved  by  him,  or,  in 
case  of  new  furniture  or  fixtures,  by  the  state  house  com- 
mission. Such  requisitions  must  be  signed  by  the  head 
of  the  department  or  chief  clerk  in  charge. 

Section  2.     Commencing  with  the  first  day  of  January  sergeant  at- 
in  the  year  eighteen  hundred  and  ninety-five  the  salary  sation.''"™^'^"" 
of  the  sergeant-at-arms  shall  be  three  thousand  five  hun- 
dred dollars  a  year. 

Section  3.     The  sergeant-at-arms  shall  give  bond  to  to  give  bond. 
the  treasurer  of  the  Commonwealth  in  the  sum  of  ten 
thousand  dollars  for  the  faithful  performance  of  his  duties 
and  the  proper  accounting  for  all  moneys  entrusted  to  him 
for  the  use  of  the  Commonwealth . 

Section  4.     The  sergeant-at-arms,   the   assistant  ser-  sergeant-at- 
geant-at-arms,  the  sergeant-at-arms'  messengers,  and  the  gers'^wSmen, 


290 


Acts,  1895.  — Chap.  285. 


etc.,  powers 
and  duties. 


Repeal. 


Cha2?.28o 


Tellers, 
appointment, 
duties,  etc. 


Political 
represeDtation. 


Candidates  not 
eligible. 


Oath  of  office. 


watchmen  shall  take  proper  care  to  prevent  the  commis- 
sion of  any  trespass  or  injury  in  or  upon  any  part  of  the 
state  house  or  its  appurtenances  ;  and  if  any  such  trespass 
or  injury  is  committed,  and  the  ofiender  is  known,  they 
shall  forthwith  give  notice  thereof  to  the  attorney-general 
or  to  the  district  attorney  for  the  Suflblk  district,  in  order 
that  the  otiender  may  be  prosecuted  therefor.  For  any 
criminal  olience  committed  in  any  part  of  the  state  house, 
the  state  house  grounds,  or  the  Commonwealth  building, 
they  shall  have  the  same  power  to  make  arrests  as  the 
police  officers  of  the  city  of  Boston. 

Section  5.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

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

Approved  April  17^  1895. 

An  Act  relative  to  the  appointment  of  tellers  in  towns. 
Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.  The  selectmen  of  a  town  shall  at  least  five 
days  prior  to  a  state  or  town  election,  as  the  case  may  be, 
appoint  qualified  voters  of  a  town  as  tellers,  to  assist  at 
the  ])allot  box  and  in  checking  the  names  of  voters  upon 
the  voting  lists,  and  in  canvassing  and  counting  the  votes  ; 
selectmen  and  wardens,  and  moderators,  town  clerks  and 
justices  of  the  peace,  when  presiding  intowns-at  state  and 
town  elections,  as  the  case  may  be,  may  appoint  qualified 
voters  of  a  town  as  additional  tellers,  to  assist  at  the 
ballot  box  and  in  checking  the  names  of  voters  upon  the 
voting  lists,  and  in  canvassing  and  counting  the  votes ; 
and  they  shall  in  any  such  case  appoint  additional  tellers 
when  requested  in  writing  so  to  do  by  ten  qualified  voters 
of  a  town.  When  tellers  are  appointed  as  aforesaid  at 
elections,  for  which  ballots  are  provided  at  the  expense  of 
the  Commonwealth  or  of  the  town,  they  shall  be  so  ajv 
pointed  that  the  election  officers  making  and  assisting  in 
making  the  canvass  and  count  of  votes  shall  equally 
represent  the  two  leading  political  parties. 

No  person  shall  be  eligible  to  the  position  of  teller  at 
an  election  in  which  he  is  a  candidate  to  be  voted  for. 

Tellers  appointed  as  aforesaid  shall  be  sworn  to  the 
faithful  discharge  of  their  duties,  and  the  oath  may  be 
administered  by  the  presiding  officer,  for  the  time  l)eing, 
or  ])y  the  town  clerk  or  a  justice  of  the  peace,  and  the 
clerk  shall  make  a  record  thereof. 


Acts,  1895.  — Chap.  286.  291 

Section  2.     Section  one  hundred  and  sixteen  of  chap-  Repeal. 
ter  four  hundred  and  seventeen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three  is  hereby  repealed. 

Api^roved  April  17,  1805. 

An  Act  relatfv^e  to  the  commitment  of  insane  persons.      ChciT>.28Q 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.  In  any  hearing  held  in  any  proceedings  Qualification  of 
for  the  commitment  for  proper  treatment  of  any  person  cenui^ateof^  ^ 
alleged  to  be  insane,  to  a  lunatic  hospital,  asylum  or  other  i°^^">^y- 
place  provided  by  law,  no  one  shall  be  qualified  as  a 
physician  to  make  to  a  judge  at  such  hearing  a  certificate 
of  the  insanity  of  a  person  unless  he  shall  make  oath  that  he 
is  a  graduate  of  a  legally  chartered  school  or  college  ;  that 
he  has  been  in  the  actual  practice  of  his  profession  in  this 
Commonwealth  as  a  physician  for  at  least  three  years  since 
his  said  graduation,  and  for  the  three  years  next  preceding 
his  making  said  oath ;  nor  unless  he  is  duly  registered,  in 
compliance  with  the  provisions  of  chapter  four  hundred 
and  fifty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  and  continues  to  be  so  registered ;  nor 
unless  his  standing,  character  and  professional  knowledge 
of  insanity  is  satisfactory  to  such  judge.  Each  certificate  certain  cenifl- 
bearing  date  more  than  ten  days  prior  to  any  commitment  void!  etc^^ 
of  any  person  alleged  to  be  insane  shall  be  null  and  void, 
and  no  certificate  shall  be  valid  or  received  in  evidence  if 
signed  by  any  physician  holding  any  office  or  appointment 
in  or  connected  with  the  hospital,  asylum  or  other  place 
for  the  insane  to  which  the  person  in  question  may  be 
committed  by  order  of  the  judge.  Every  physician  certi- 
fying as  herein  provided  must  himself  have  examined  the 
person  alleged  to  be  insane,  within  five  days  of  his  signing 
the  certificate,  and  every  such  ph3'sician  shall  state  in  said 
certificate  that  in  his  opinion  said  person  is  insane  and  a 
proper  subject  for  treatment  in  an  insane  hospital  or 
asylum,  and  shall  specify  the  facts  on  which  his  opinion  is 
founded.  A  copy  of  the  certificate,  attested  by  the  judge, 
shall  be  delivered  by  the  officer  or  other  person  making 
the  commitment,  to  the  superintendent  of  the  hospital  or 
other  place  to  which  the  person  shall  be  committed,  and 
shall  be  filed  and  kept  with  the  order  of  commitment. 

Section  2.     The  forms  following  section  three  of  this  Forms  for  com. 
act  may  be  used  by  the  judge  in  each  instance  in  proceed-  ™^  ™^°  '  ^ "' 


292  Acts,  1895.  — Chap.  286. 


> 

ings  regardinfif  the  commitment  of  the  insane  as  aforesaid, 
and  shall  l)e  doomed  suflicient  if  substantially  followed ; 
but  this  section  shall  not  be  so  construed  as  to  prohibit 
the  use  of  other  suitable  forms  containing  the  required 
statements  of  facts  regarding  the  physicians  certifying  and 
the  case  of  the  person  alleged  to  be  insane.  A  copy  of 
each  ])liysician's  certificate  of  insanity  required  under  the 
provisions  of  this  act  shall  be  mailed  to  the  state  board  of 
lunacy  and  charity  by  the  superintendent  of  each  lunatic 
hospital  and  asylum,  within  forty-eight  hours  after  the 
commitment  of  each  person  adjudged  insane. 
Repeal.  SECTION  3.     Soctiou  thirteen  of  chapter  eighty-seven 

of  the  Public  Statutes  and  chapter  two  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  are  hereby  repealed. 

MEDICAL  CERTIFICATE  OF   LUNACY. 

Statement  of  Facts, 
Form  formedi-       jn  regard  to  the  insanity  of  of 

lunac^y!  i^  the  county  of  and  the  State  of  JMassachusetts,  made 

upon  knowledge,  information  and  belief,  by  an  examiner  in  lunacy. 

[If  any  of  the  particulars  in  tills  gtateiiifiit  are  not  known  tlie  fact  shall  be  so  stated  in  words.] 

1.  Sex,  ;  age,  years;  nativity,  ;  [if  foreign,  how  ion?  in 
the  United  states.]  color,  ;  occupation,  ;  single, 
married,  widowed. 

2.  Number  of  previous  attacks,  ;  present  attack  begvin 

189  .  [If  the  patient  has  ever  been  an  inmate  of  an  institution  for  the  insane, 
state  when,  where  and  for  what  length  of  time,  and  whether  discharged,  recovered  or  other- 
wise.] 

3.  "Was  the  present  attack  gradual  or  sudden  m  its  onset  ? 

4.  AVhat  is  the  bodily  condition  of  the  patient? 

5.  lias  the  patient  been  physically  injured?  If  so,  when  and  to 
what  extent  ? 

G.    Is  the  patient  subject  to  epilepsy  ? 

7.  Is  the  patient  cleanly  in  dress  and  personal  habits  ? 

8.  Is  the  patient  paralytic,  violent,  dangerous,  destructive,  excited 

or  depressed,  homicidal  or  suicidal  ?  [if  lumicide  or  suicide  has  been  attempted 
or  tlireateni'd,  it  sliniildlie  sn  stated.]  ...  .^  « 

9.  What  is  the  supposed  cause  of  the  patient's  msamty  ?    [state  both 

the  predisposing  and  excitint;  cause.]  ,    .  „  ^    ^     at.       j 

10.  Has  the  patient  insane  relatives,  and  if  so  state  the  degree 
of  consanguinitv,  and  whether  paternal  or  maternal  ? 

11.  What  are  the  patient's  habits  as  to  the  use  of  liquor,  tobacco, 
opium,  chloral  or  other  narcotic  ? 

STATE  OF  MASSACHUSETTS, 

County  of  ,  ss. 

City  or  town  of 

I,  a  permanent  resident  of  , 

county  of  ,  State  of  Ma<5sachusetts.  being  duly  sworn, 

make"  oath  and  depose,  with  the  exceptions  which  are  hereinafter 
noted,  as  follows :  — 


Acts,  1895.  — Chap.  287.  293 

1.  That  I  am  legally  qualified  to  act  as  an  examiner  in  lunacy.       Form  for  medi- 

2.  That  within  five  days  prior  to  the  date  of  this  certificate,  namely,  ?^^  certificate  of 
on  the  day  of  189     , 1,  the  subscriber,  personally  ex-   ^^^'^^' 
amined  with  care  and  diligence  ,  a  resident  of 

,  in  the  State  of  ,  and  as  a  result 

of  such  examination  find,  and  hereby  certify  to  the  fact,  that  said 

is  insane  and  a  proper  person  for  care  and  treat- 
ment in  some  hospital,  asjdum  or  other  institution  for  the  insane,  as 
an  insane  person  under  the  provisions  of  the  statute. 

3.  That  I  have  formed  the  above  opinion  upon  the  subjoined  facts, 
viz. : — 

a.  Facts  indicating  insanity,  personally  obsei-ved  by  me,  as  fol- 
lows :  — 

The  patient  said      [Here  state  what  was  said  to  the  examiner.] 

The  patient  did      [Here  state  what  the  patient  did  in  presence  of  the  examiner.] 

The  patient's  appearance  and  manner  was  : 

b.  Other  facts  indicating  insanity,  including  those  communicated 

to  me  by  others,   are   as   follows  :  —      [state  if  tliere  has  been  any  change  in  tlie 
patient's  mental  cunditiun  and  bodily  health,  and  if  so,  what.] 

4.  That  the  answers  to  the  questions  contained  in  the  statement 
are  true,  to  the  best  of  my  knowledge,  information  and  belief. 

M  D. 
Sworn  and  subscribed  before  me  this  day  of  189    . 

STATE  OF  MASSACHUSETTS, 

County  of  ,  ss. 

City  or  town  of  , 

I,  a  judge  of  ,  do,  on  this  day  of 

,  18  ,  hereby  approve  the  foregoing  medical  certificate 
of  lunacy,  made  by  a  physician  who,  in  my  judgment,  is  qualified  to 
act  as  an  examiner  in  lunacy,  the  contents  of  the  same  having  been 
certified  to  me  imder  oath,  and  it  being  represented  to  me  that  it  is 
intended  to  commit  the  said  to     [Name  of  hospitiU  or  asylum.] 

for  care  and  treatment. 

[Signature  of  judge.] 

Aioprovecl  April  17,  1895. 


Chcq).2S7 


An  Act  relative  to  the  power  of  the  citt  council  op  the 
city  of  northampton  to  maive  and  establish  ordinances 
and  by-laws  for  said  city. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  city  council  of  the  city  of  Northamp-  city  council 
ton  shall  have  power  to  make  and  establish  such  ordi-  ™rdma"ceVan 
nances  and  by-laws  as  cities  and  towns  have  power  by  law  penaUiefl,''«c. 
to  make  and  establish ;  such  ordinances  and  by-laws  to 
have  force  and  eifect  within  said  city  without  approval  by 
the  superior  court  or  any  justice  thereof,   and  without 
being  entered  and  recorded  in  the  oiEce  of  the  clerk  of 
the  courts  in  the  county  in  which  said  city  is  situated ; 
and  said  city  council  shall  have  power  to  modify,  amend 
or  repeal  the  same,  and  to  affix  such  penalties  for  the 


294 


Acts,  1895.  — Chap.  288. 


Proviso. 


Fines  and 
forfeitures. 


Repeal. 


breach  thereof  as  are  not  inconsistent  with  the  laws  of  the 
Common weahh :  provided,  Jiowever,  that  all  ordinances 
and  by-laws  heretofore  enacted  by  said  city  council  which 
have  not  expired  by  their  own  limitation  or  have  not  been 
revised  or  repealed  by  said  city  council,  shall  hei-eafter, 
until  they  expire  by  their  own  limitation,  or  until  they 
are  revised  or  repealed  by  said  city  council,  have  the 
same  force  and  eft'ect  as  though  they  had  been  approved 
by  the  superior  court  or  a  justice-  thereof,  and  entered  and 
recorded  in  the  office  of  the  clerk  of  the  courts  in  the 
county  in  which  said  city  is  situated.  All  lines  and  for- 
feitures for  the  breach  of  any  ordinance  or  by-law  shall 
be  paid  into  the  city  treasury,  and  any  complaint  for  any 
breach  thereof  may  be  made  by  the  mayor,  city  clerk, 
city  treasurer,  city  marshal  or  chief  of  police. 

Section  2.  Section  thirty-nine  of  chapter  two  hun- 
dred and  fifty  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-three  is  hereby  repealed. 

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

Ai^proved  April  17,  1S95. 


Adjudication, 
etc.,  of  certain 
accounts  of 
trustees  and 
guardians. 


QJian.2.SS  ^^  ■^'^^  relative  to  the  accounts  of  trustees  and  guardians. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  When  upon  the  filing  of  any  account  in 
a  probate  court  it  ai)pears  to  the  court  for  cause  shown 
that  the  items  of  said  account  should  be  finally  determined 
and  adjudicated,  or  at  the  option  of  the  accountant  after 
two  years  since  any  such  adjudication,  or  his  appointment, 
notice  of  such  proposed  action  on  such  account  shall  be 
given  to  all  parties  as  the  court  shall  order ;  if  the  inter- 
est of  a  person  unborn,  unascertained  or  legally  incompe- 
tent to  act  in  his  own  behalf  is  not  represented  otherwise 
than  l)y  the  accountant,  the  court  shall  appoint  some  com- 
petent and  disintoi-cstcd  person  to  act  as  guardian  ad  litem 
or  next  friend  for  such  person,  and  to  represent  his  interest 
in  the  case.  The  person  so  appointed  shall  make  oath  to 
perform  his  duty  faithfully  and  impartially,  and  shall  be 
entitled  to  such  reasonable  C(mipensation  for  his  services 
as  the  court  may  allow.  And  thereupon,  the  decree  upon 
said  account  shall  have  the  same  effect  upon  all  items 
thereof  as  in  the  case  of  the  allowance  of  matters  in  dis- 
pute under  the  provisions  of  section  nine  of  chapter  one 
hundred  and  forty-four  of  the  Public  Statutes. 


Acts,  1895.  — Chap.  289.  295 

Section  2.     Sections  thirteen  and  fourteen  of  chapter  Repeal. 
one  hundred  and  forty-four  of  the  Public  Statutes  and  all 
acts  in  amendment  thereof  are  hereby  repealed. 

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

Approved  Ajjril  17^  1895. 


Chap.2S9 


An  Act  making  appropriations  for  the  Massachusetts  char- 
itable EYE  AND  EAR  INFIRMARY,  TOPOGRAPHICAL  SURVEY  AND 
MAP  OF  MASSACHUSETTS,  AND  FOR  CERTAIN  OTHER  EXPENSES 
AUTHORIZED   BY    LAW. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

The  appropriation   for   the   payment   of  postage   and  Postage  and 

lil  x^  1  n   J^        ^  1    expressage  on 

expressage  on  documents  sent  to  members  oi  the  general  documents. 
court,  as  authorized  by  chapter  one  of  the  acts  of  the 
present  year,  is  hereby  made  applicable  for  the  payment 
of  postage  and  expressage  on  documents  authorized  by 
chapter  ninety-three  of  the  acts  of  the  present  year. 

For  printing  additional  copies  of  the   report   of  the  Report  of  at. 
attorney-general,  as  authorized  by  chapter  ninety-six  of  '°''°^y-s^°®''*^- 
the  acts  of  the  present  year,  a  sum  not  exceeding  one 
hundred  and  eighty  dollars. 

For  clerical  and  messenger  service  for  the  state  board  ^t"'*''  j!"""''^  °^ 

n       T  .  ,  ~  education. 

OI  education,  as  authorized  by  chapter  one  hundred  and 
thirty-two  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  two  thousand  dollars. 

To  provide  for  operating  the  north  metropolitan  system  North  metropoi. 
of  sewerage,  as  authorized  by  chapter  one  hundred  and  slweragl!""  ° 
thirty-eight  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  forty-six  thousand  dollars. 

For  authorized  expenses  of  committees  of  the  present  committees  of 

I'li  2.       •       T      ^  1       '      1  .  .  legislature, 

legislature,  to  include  clerical  assistance    to  committees  expenses. 
authorized  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  preparing  an  alphabetical  index  to  the  fifty  volumes  index  to 
of    miscellaneous    papers    added    to    the    Massachusetts  Sves."^^"" 


296 


Acts,  1895.  — Chap.  289. 


Index  to  regis- 
tration returns. 


Report  of 
harbor  and  land 
commissioners. 


Report  of 
world's  fair 


managers 


Report  of 
commisBioners 
on  topoijraphi- 
cul  survey. 


Report  of  cattle 
commissioners. 


Report  on 
extermination 
of  gypsy  moth. 


Manuals  to  high 
and  grammar 
schools. 


Massachusetts 
Charil.ible 
Eye  and  Ear 
ludrmary. 

Minnie  Bird. 


Investigation  of 
subject  of  a  ^'en^ 
eral  municipal 
admiuiolratiou. 


archives  durinp:  the  year  eifrhteen  hundred  and  ninety-four, 
as  authorized  by  chapter  seventeen  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  twelve  hundred 
dollars. 

For  indexing  registration  returns,  as  authorized  by 
chai)tcr  eighteen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifteen  thousand  eight  hundred  dollars. 

For  printing  copies  of  a  portion  of  the  report  of  the 
board  of  harbor  and  land  commissioners,  as  authorized  by 
chapter  nineteen  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  fifteen  hundred  dollars. 

For  printing  extra  copies  of  the  report  of  the  Massa- 
chusetts board  of  world's  fair  managers,  as  authorized  by 
chapter  twenty  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  eight  hundred  and  fifty  dollars. 

For  printing  extra  copies  of  the  report  of  the  commis- 
sioners on  the  topographical  survey  of  Massachusetts,  as 
authorized  by  chapter  twenty-one  of  the  resolves  of  the 
present  year,  the  sum  of  fourteen  dollars  and  eighty-three 
cents. 

For  printing  additional  copies  of  the  annual  report  of 
the  cattle  commissioners,  as  authorized  by  chapter  twenty- 
two  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing six  hundred  dollai*s. 

For  printing  the  special  report  of  the  state  board  of 
agi'iculture  on  the  work  of  the  extermination  of  the  ocneria 
dispar  or  gypsy  moth,  as  authorized  by  chapter  twenty- 
three  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  two  hundred  and  sixty  dollars. 

For  printing  and  distributing  copies  of  the  manual  of 
the  general  court  of  the  present  year,  among  the  high  and 
grammar  schools  of  the  Commonwealth,  as  authorized  by 
chapter  twenty-four  of  the  resolves  of  the  present  jear,  a 
sum  not  exceeding  eleven  hundred  and  fifty  dollars. 

For  the  Massachusetts  Charitable  Eye  and  Ear  Infinn- 
ary,  as  authorized  by  chapter  twenty-six  of  the  resolves 
of  the  present  year,  the  sum  of  twenty  thousand  dollars. 

For  the  sup])ort  of  Miimie  Bird,  an  insane  inmate  of 
the  Wcstborough  insane  hospital,  as  authorized  by  chapter 
twenty-seven  of  the  resolves  of  the  present  year,  the  sum 
of  two  hundred  and  fifty  dollars. 

For  ex])enses  in  connection  with  the  continuance  of 
the  investigation  of  the  subject  of  a  general  niunicipal 
administration  for  the  city  of  Boston  and  adjoiuiug  munic- 


Acts,  1895.  — Chap.  289.  297 

ipalities,  as  authorized  by  chapter  twenty-nine  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  four 
thousand  dollars,  the  same  to  be  in  addition  to  the  amount 
authorized  by  chapter  four  hundred  and  forty-six  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four. 

For  compensation  and  expenses  of  the  commissioners  commissionera 
appointed  to  make  a  thorough  examination  as  to  the  pres-  condrti^irof""* 
ent  condition  of  the  Bultinch  state  house  on  Beacon  hill,  ho^'use.''^  ^'^^^ 
as  authorized  by  chapter  thirty-one  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  three  thousand  dollars. 

For  the  town  of  East  Bridgewater,  as  authorized  by  Town  of  East 
chapter  thirty-two  of  the  resolves  of  the  present  year,  the  "^  s^water. 
sum  of  thirty-nine  dollars  and  sixty  cents. 

For  increasing  the  water  supply  and  for  certain  repairs  state  industrial 
at  the  state  industrial  school  for  girls,  as  authorized  by  '''^  "^   '^^  ^"  ^" 
chapter  thirty-four  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  twelve  thousand  six  hundred  dollars. 

To  provide  a  new  dormitory  and  other  improvements  state  normal 
for  the  state  normal  school  at  Bridgewater,  as  authorized  Bridgewater. 
by  chapter  thirty-six  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  fifty-nine  thousand  dollars. 

For  building  a  new  stock  barn  at  the  Lyman  school  for  Lyman  school 
boys,  as  authorized  by  chapter  thirty-seven  of  the  resolves  of  ^'^  '^^^' 
the  present  year,  a  sum  not  exceeding  ten  thousand  dollars. 

For  binding  six  hundred  copies  of  the  report  establish-  u°e  befween 
in»   the  boundary  line  between  Massachusetts  and  New  Massachusetta 

Tx  !•  I'll  !•  •  />!       ^°    Now  Hamp- 

Hampshire,  as  authorized  by  chapter  thu'ty-nine  oi   the  shire. 
resolves  of  the  present  year,  a  sum  not  exceeding  seventy- 
five  dollars. 

For  Frank  L.  Garland,  as  authorized  by  chapter  forty  Frank  l. 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred and  fifty  dollars. 

For  the  commissioners  on  the  topographical  survey  of  on  u)™og^raph^ 
Massachusetts  for  continuing  their  work,  as  authorized  by  cai  survey. 
chapter  fort3"-one  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  fourteen  thousand  one  hundred  dollars. 

For  the  publication  of  a  course  of  instruction  in  draw-  instruction  in 
ing,  for  the  use  of  the  public  schools,  as  authorized  by  pubTic^lchoois. 
chapter  forty-two  of  the  resolves  of  the  present  year,  the 
sum  of  two  hundred  and  fifty  dollars. 

For  repairs,  improvements  and  additions  to  the  library  Massachusetts 
of  the  Massachusetts  agricultural  college,  as  authorized  by  college, 
chapter  forty-three  of  the  resolves  of  the  present  year,  a 
sum  not  exceedino;  five  thousand  five  hundi-ed  dollars. 


298  Acts,  1895.  — CuArs.  290,  291. 

Uazz^td  ^^^'  Althea  Hazzard,  mcml)cr  of  the  Hassanamisco  tribe 

of  Indians,  as  authorized  by  chapter  forty-four  of  the 
resolves  of  the  i)rcsent  year,  the  sum  of  four  hundred 
dollars,  two  hundred  dollars  of  said  sum  being  payable 
to  the  selectmen  of  the  town  of  Oxford  to  reimburse 
them  for  money  expended  in  the  support  of  said  Althea 
Hazzard. 

MasBachnsetta         Yov  n  school  building  at  the  Massachusetts  reformatory, 

reformatory.  ~        ,  •■  ' 

as  authorized  by  chapter  forty-tive  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  twenty-five  thousand 
dollars. 

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

Approved  April  17,  1895. 


Chan  290  -^^  ^^'^  "^^  authorize  tue  bureau  of  statistics  op  labor  to 

■^'  PRIXT  and   distribute  A  BULLETIN. 

Be  it  enacted,  etc.,  as  folloios: 
ruWicationof         ^ov  the   purpose   of  disseminating   information    from 
to  industrial       time  to  time  respecting  the  state    of  employment,    and 
QOBditions.         other  information  relative  to    industrial  conditions,    the 
bureau  of  statistics  of  labor  is  authorized  to  distribute  a 
bulletin,  at  such  regular  intervals  as  it  may  deem  advis- 
able, to  be  printed  by  the  state  printers  ;  and  for  expenses 
in  connection  therewith  may  expend,  under  the  direction 
of  the  chief  of  said  bureau,  in  addition  to  the  annual  ap- 
projiriation  authorized  by  law  for  said  l)ureau,  the  sum  of 
one  thousand  dollars  in  each  year,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth. 

Approved  April  17,  1895. 


Chan.291  ^^  act  to  provi 

TliE   PORT  OF   1$< 


IDE  FOR  AN  INVESTIGATION  OP  THE  WANTS  OF 
ISOSTON  FOR  AN  IMI'ROVED  SYSTEM  OF  DOCKS  AND 
WHARVES,  AND  TERMINAL  FACILITIES  IN  CONNECTION  THERE- 
WITH. 

Be  it  enacted,  etc.,  asfolloivs: 
Board  of  Inquiry      SECTION  1.     Tlic  govoriior,  by  and  with  tlic  couscnt  of 
c  appom  e  .  ^^^  couucil,  shall  appoint  a  board  of  inquiry  to  consist  of 
three  persons,  of  whom  the  chairman  of  the  board  of  har- 
bor and  land  commissioners  may  be  one,  who  shall  hold 
office  for  one  year  from  the  first  da}'  of  A])ril  in  tiie  year 
Bubjectatobe     eighteen  hundred  and  ninety-five.     Said  l)oard  shall  con- 
fuv^'tlgated."**    sider    and  investigate   the '  following    subjects  : —  First. 


Acts,  1895.  — Chap.  291.  299 

The  policy  of  a  public  ownership  and  control  of  docks  subjects  to  be 

r  -J  r  iTi  •!•      considered  and 

and  wharves ;  the  advantages  and  disadvantages  ol  this  mvestjgaied. 
form  of  control  in  other  ports  of  the  United  States ;  the 
extent  to  which  it  has  been  adopted  in  foreign  ports,  and 
the  reason  why  it  has  been  considered  essential  to  com- 
mercial development  in  certain  seaports.  Second.  If 
the  system  of  public  ownership  of  docks  and  wharves  is 
elsewhere  of  general  public  advantage,  can  such  a  system 
be  established  in  Boston  with  advantage  to  the  public  in- 
terests, in  view  of  the  existing  ownership  of  docks  and 
wharves  in  that  city  and  the  conditions  under  which  the 
commerce  of  the  port  is  carried  on  ?  Third.  If  public 
ownership  of  a  system  of  docks  and  wharves  in  Boston  is 
■advisable,  in  what  manner  can  the  necessary  water  front 
best  be  acquired  and  improved  and  used  so  as  to  prac- 
tically inaugurate  such  a  system?  What  will  be  the 
probable  cost  of  such  an  undertaking?  In  what  way  can 
the  needed  money  best  be  obtained  ?  How  should  it  be 
expended,  and  who  and  what  authority  or  agency  should 
have  charge  of  the  construction  of  new  docks,  and  the 
maintenance  of  the  system  when  in  operation?  Is  it  ad- 
visable to  restore  to  the  Commonwealth  the  ownership 
and  control  of  all  or  any  of  the  flats  in  Boston  harbor  not 
now  owned  by  the  city  of  Boston?  Fourth.  What 
changes  are  necessary  in  regard  to  railroad  terminal  facil- 
ities and  connections  with  said  docks  and  wharves  ?  Does 
the  public  necessity  and  convenience  in  connection  there- 
with require  the  abolition  of  any  grade  crossings  of 
highways  or  railroads,  and  if  so,  how  can  the  same  be 
accomplished?  Fifth.  Has  business  been  diverted  from 
Boston  or  from  any  other  portion  of  the  Commonwealth 
by  discrimination  in  the  matter  of  freight  or  wharfage 
charges,  or  for  any  other  reason ;  and  if  so,  how  can  the 
present  conditions  be  remedied  ? 

Section  2.      Said  board  may  receive  such  compensa-  compensation 

<•  1    •  1  .1  •,!       .1       and  expenses. 

tion  and  incur  such  expenses  as  the  governor  with  the 
advice  and  consent  of  the  council  may  authorize,  the  same 
to  be  paid  out  of  the  treasury  of  the  Commonwealth  from 
any  moneys  not  otherwise  appropriated.  / 

Section  3.     Said  board  shall  report  to  the  next  gen-  To  report  in     ^ 
eral  court  in  print,  stating  the  results  of  the  investigation  ^"° ' 
aforesaid,  and  if  they  recommend  any  legislative  action 
they  shall  embody  in  their  report  a  draft  of  a  bill  in  ac- 
cordance with  their  recommendations. 


300  Acts,  1895.  — CnArs.  292,  293. 

Ked  with  Section  4.     Said  report  shall  be  filed  with  the  secre- 

secretary  of  the  tarv  of  tlic  Comiiioiuveultli  Oil  Or  beforc  the  first  Wedues- 

Cominon  wealth,     t/.-,-,,  •         J^  •     ^  iii 

day  01  I'ebruary  m  the  year  eighteen  hundred  and 
ninety-six. 

Section  5.     This  act  shall  take  efi'ect  upon  its  passage. 

Aiyproved  April  17 ^  1S95. 

QJlCin.202  ^  ^*^^  ^^   CONFIRM   THE   PKOCF.ICDIXGS   OF    THE    ONSET    BAY    ITKE 

DISTKICT. 

Be  it  enacted,  etc.,  as  follows: 
Proceedings  Sectiox  1.     The  proceedinffs  for  the  or<ranization  of 

coDhrmed.  i        /  \  -f-»  -r<'         t    •         •         •         i 

the  Onset  13ay  I' ire  District  in  the  town  of  Wareham  are 
hereby  ratified,  confirmed  and  made  valid ;  and  all  acts 
and  proceedings  of  said  district  since  the  date  of  its  organ- 
ization are  hereby  ratified,  confirmed  and  made  valid ;  and 
said  Onset  Bay  Fire  District  is  hereby  gi'anted  all  general 
j)owers,  rights  and  privileges  vested  in  fire  districts  organ- 
ized under  chapter  thirty-five  of  the  Public  Statutes  and 
acts  in  amendment  thereof. 

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

Approved  April  17,  1895. 

Chav.293  Ax  Act  kelative  to  damages  fkom  fires  communicated  by 

LOCOMOTIVE   ENGINES. 

Be  it  enacted,  etc.,  as  follows: 

Tiiiendld'  ^  ^"'  Section  1.  Section  two  hundred  and  fourteen  of  chap- 
ter one  hundred  and  twelve  of  the  Public  Statutes  is 
hereby  amended  by  adding  at  the  end  thereof  the  follow- 
ing words :  —  In  case  such  railroad  corporation  is  held 
responsible  in  damages  it  shall  be  entitled  to  the  ])cnefit 
of  any  insurance  eflected  upon  such  pro})erty  by  the 
owner  thereof,  less  the  cost  of  premium  and  expense  of 
recovery.  The  money  received  as  insurance  shall  be 
deducted  from  the  damages,  if  recovered  before  the  dam- 
ages are  assessed ;  if  not  so  recovered  the  policy  of  insur- 
ance shall  be  assigned  to  tlie  corporation  held  responsible 
in  damages,  and  such  corporation  may  maintain  an  action 

Damage  by  fire  thcrcon,  —  SO  as  to  rcad  as  follows  :  —  Section  214.    Every 

communicated  '  •%  .-i  ii 

byiofomotive    railroad  corporation  and  street  railway  companv  shall  be 

engine,  etc.  •^  ^      •        ^  ±  a*  i 

res])onsil)le  m  damages  to  a  person  or  coqioration  whose 
buildings  or  other  property  may  be  injured  by  fire  com- 
municated by  its  locomotive  engines,  and  shall  have  an 
insurable  interest  in  the  property  upon  its  route  for  which 


Acts,  1895.  — Chap.  294.  301 

it  may  be  so  held  responsible,  and  may  procure  insurance 
thereon  in  its  ov/n  behalf.  In  case  such  railroad  corpora- 
tion is  held  responsible  in  damages  it  shall  be  entitled  to 
the  benefit  of  any  insurance  eiiected  upon  such  property 
by  the  owner  thereof,  less  the  cost  of  premium  and  ex- 
pense of  recover3\  The  money  received  as  insurance  shall 
be  deducted  from  the  damages,  if  recovered  before  the 
damages  are  assessed ;  if  not  so  recovered  the  policy  of 
insurance  shall  l)e  assigned  to  the  corporation  held  respon- 
sible in  damages,  and  such  corporation  may  maintain  an 
action  thereon. 

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

Approved  April  18,  1S95. 


Chap.29-4: 


Ax  Act  relative  to  the  maintenance  and  operation  of  the 

METROPOLITAN   SEWERAGE   SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

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  eightj^-nine  as 
amended  by  chapter  three  hundred  and  seven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  the  treas- 
urer 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  Common- 
wealth and  under  its  seal,  to  an  amount  not  exceeding 
three  hundred  thousand  dollars,  for  a  term  not  exceeding 
thirty-five  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  equivalent. 
Said  scrip  or  certificates  of  debt  shall  be  designated  on 
their  face.  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  treasurer  and  receiver  gen- 


302 


Acts,  1895.  — Chap.  291 


To  be  an  nddi- 
tion  to  and  part 
of  loan  author- 
ized by  1889, 
439,  etc. 


Payment  of 
debt. 


Proportions  to 
be  paid  by 
certain  cities 
and  towns. 


eral,  with  the  approval  of  the  governor  and  council,  shall 
deem  for  the  best  interests  of  the  Commonwealth.  Any 
scrip  or  certificates  of  debt  issued  under  the  provisions  of 
this  act  shall  be  considered  as  an  addition  to  and  shall 
become  a  part  of  the  loan  authorized  by  said  chai)ter  four 
hundred  and  thirty-nine  as  amended  by  said  chapter  tliree 
hundred  and  seven,  and  the  sinking  fund  established  under 
the  provisions  of  said  chapters  shall  be  a  sinking  fund  for 
the  extinguishment  of  the  debt  authorized  by  this  act,  said 
funds  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-five, 
apportion  to  said  sinking  fund  an  amount  sufficient  with 
its  accumulations  to  extinguish  the  del)t  at  maturity,  and 
in  making  the  assessment  for  the  increase  of  said  sinking 
fund,  upon  the  several  cities  and  towns  liable  thereto,  one 
fortieth  part  of  the  whole  amount  shall  be  assessed  in  each 
of  the  first  five  years,  beginning  with  the  year  eighteen 
hundred  and  ninety-five  ;  one  sixtieth  part  in  each  of  the 
next  ten  years,  beginning  with  the  year  nineteen  hundred ; 
one  thirtieth  part  in  each  of  the  next  ten  years,  beginning 
with  the  year  nineteen  hundred  and  ten  ;  and  the  remain- 
der shall  be  equally  divided  in  the  next  ten  years,  begin- 
ning wiih  the  year  nineteen  hundred  and  twenty.  Any 
premium  realized  from  the  sale  of  said  scrip  or  certificates 
of  debt  shall  be  applied  to  the  payment  of  the  interest  on 
said  loan  as  it  accrues. 

Section  2.  Each  of  the  cities  and  towns  hereinafter 
named  shall,  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  said  year, 
as  estimated  by  said  treasurer,  in  the  following  propor- 
tions, to  wit:  —  Arlington,  two  and  forty-five  one  hun- 
dredths 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.  ;  iNIelrose,  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 


Acts,  1895.  — Chap.  29i.  303 

and  thirty-two  one  hundredths  per  cent. ;  "Woburn,  three 
and  sixty-one  one  hundredths  per  cent. 

Section  3.  The  commissioners  appointed  by  the  su- Amounts  to  be 
preme  judicial  court  sitting  in  equity,  on  the  application  and  towMfo^r 
of  the  board  of  metropolitan  sewerage  commissioners  made  deTerm'ined°by^ 
to  said  coui-t  in  the  year  eighteen  hundred  and  ninety-live,  comnissionere. 
in  accordance  with  the  provisions  of  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine,  shall,  after  due  notice  and  hearing  to 
each  of  the  cities  and  towns  named  in  this  act,  in  such 
manner  as  they  shall  deem  just  and  equitable  determine 
the  proportion  in  which  each  of  said  cities  and  towns  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  each  of  said  years  as  esti- 
mated by  said  treasurer,  and  to  meet  the  cost  of  main- 
tenance and  operation  for  each  of  said  years  of  the  system 
of  sewage  disposal  provided  for  said  cities  and  towns,  as 
estimated  by  the  said  board  and  certified  to  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 
by  said  court  the  same  shall  be  a  final  and  conclusive 
adjudication  of  all  matters  herein  referred  to  said  com- 
missioners and  shall  be  binding  on  all  parties. 

Section  4.  Before  the  expiration  of  the  said  term  of  ^p^o^'t^ment'i"' 
five  years,  and  every  five  years  thereafter,  the  supreme  'erm,  etc. 
judicial  court  sitting  in  equity  shall,  on  the  application 
of  the  board  of  metropolitan  sewerage  commissioners, 
after  notice  to  each  of  the  cities  and  towns  named  in  said 
chapter  four  hundred  and  thirty-nine,  appoint  three  com- 
missioners who  shall  not  be  residents  of  any  of  said  cities 
or  towns,  who  shall  in  such  manner  as  they  deem  just 
and  equital)Ie  determine  the  proportion  in  which  each  of 
said  cities  and  towns  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  con- 
clusive 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  Treaanrerto 
from  each  city  and  town  named  in  said  chapter  four  hun-  required  1?°)^°* 
dred  and  thirty-nine  to  meet  the  interest,  sinking  fund  li.yandZwn^ 


SOi  Acts,  1895.  — Chaps.  295,  296. 

requirements  and  cost  aforesaid  for  tliat  system  in  which 
in  ^aid  act  it  is  inchided  for  each  year,  and  dclicicncy,  if 
any,  shall  l)e  estimated  by  said  treasurer  in  accordance 
Avith  the  proportion  determined  as  aforesaid,  and  shall  1)6 
included  in  and  made  a  part  of  the  sum  charged  to  such 
city  or  town,  and  be  assessed  upon  it  in  the  apportion- 
ment and  assessment  of  its  annual  state  tax,  and  said 
treasurer  shall  in  each  year  notify  each  such  city  and  town 
of  the  amount  of  such  assessment,  which  amount  shall  be 
paid  l)y  the  city  or  town  into  the  treasury  of  the  Common- 
wealth at  the  time  required  for  the  payment  and  as  a  part 
of  its  state  tax. 
Enforcement  of  Sectiox  6.  The  suprcmc  iudicial  court  shall  have 
corapeusation  of  jurisdictiou  lu  cquity  to  enforce  the  provisions  ot  this  act, 
and  shall  nx  and  determine  the  compensation  ot  all  com- 
missioners appointed  by  said  court  under  the  provisions 
hereof. 

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

A2)proved  April  20, 1895. 


CJiap.295 


An  Act  kelative  to  expenditures  by  fire  districts. 
Be  it  enacted,  etc.,  as  follows: 


p.  8. 35,  §51,  Sectiox  1.     Section  fifty-one  of  chapter  thirty-five  of 

the  Public  Statutes  is  hereby  amended  b^-  inserting  in  the 
sixth  line,  after  the  word  "  department",  the  words:  — 
including  hydrant  and  water  service, — so  as  to  read  as 

Fire  districts      foUows  :  —  8ection  51.     Such  districts  may,  at  meetinofs 

may  raise  money        i,     i     ,.         ,i  •  i?        ^i  i  "  i? 

for  certain         Called  tor  the  purpose,  raise  money  tor  the  purchase  ot 
purposes.  engiucs  and  other  articles  necessaiy  for  the  extinguish- 

ment of  fires,  for  the  purchase  of  land,  for  the  erection 
and  repairs  of  necessary  buildings,  for  the  erection  and 
maintenance  of  street  lamps  within  their  limits,  and  for 
other  incidental  expenses  of  the  fire  department,  including 
Prudential  hydrant  and  water  service.  They  shall  choose  a  pru- 
dential  committee,  which  shall  expend  for  the  purposes 
prescribed  by  the  district  the  money  so  raised. 

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

Approved  April  20,  1895. 

ChCtV  296  ^^'  -^^^  "^^  AUTHORIZE  CITIES  AND  TOAVXS  TO  REGULATE  THE  WIDTH 
OF  TIRES  USED  ON  HIGHWAYS  WITHIN  THEIR  LIMITS. 

Be  it  enacted,  etc.,  as  follows: 
May  regulate  Section  1.     Any  city  OT  towH  may  from  time  to  time 

establish  reasonable  by-laws  and  ordinances,  subject  to 


Acts,  1895.  — Chaps.  297,  298.  305 

the  approval  of  the  superior  court  or  any  justice  thereof, 
as  now  provided  by  hiw,  to  regulate  the  width  of  tires 
used  on  vehicles  on  the  highways  of  and  owned  in  such 
city  or  town. 

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

Approved  April  20,  1895. 

An  Act  relative  to  highways,  sewers  axd  sidewalks  ix  the  QJi(ip^2i97 

CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     The  owner  of  any  estate  in  the  city  of  Fflf^t?!"/.  „„ 
Boston  on  which  an  assessment  has  been  made  lor  the  account  of 

„  1   •     1  •111-  •  1    construction  or 

construction  ol  any  highway,  sewer  or  sidewalk  in  said  highways,  etc. 
city,  may  pay  a  part  of  such  assessment,  and  the  1)oard 
of  street  commissioners  of  said  city  may  then  at  their 
discretion,  with  the  approval  of  the  mayor,  relieve  a  pro- 
portional part  of  said  estate  from  further  lien  and  liability 
for  said  assessment,  and  the  remainder  of  said  assessment 
shall  continue  to  be  a  lien  on  the  remaining  part  of  said 
estate  and  be  assessed  and  collected  in  the  manner  pro- 
vided by  law  for  the  entire  assessment,  so  far  as  applicable. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  20,  1895. 

An  Act  to  annex  a  part  of  the  city  of  woburn  to  the  town  (^Jffif)  998 

OF   STONEHAM. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  So  much  of  the  city  of  Woburn  as  lies  PartofWobum 
between  the  present  boundary  line  between  said  city  and  s'toneham? 
the  town  of  Stoneham  and  the  following  line,  that  is  to 
say  :  —  Beginning  at  an  angle  on  the  present  line  between 
Stoneham  and  Woburn  near  Ervin  Hatch's  house  and  near 
the  intersection  of  said  line  with  North  street  in  Stone- 
ham (which  street  is  continued  under  the  name  of  Lynn 
street  in  Woburn),  thence  proceeding  in  a  southerly 
direction  in  a  straight  line  to  a  point  on  the  present 
boundary  l)etween  Woburn  and  Winchester,  six  hundred 
and  eighty-three  feet  westerl}^  from  the  present  town  line 
of  Stoneham  on  said  boundary  line  between  Winchester 
and  Woburn  ;  with  all  the  inhabitants  and  estates  therein, 
is  hereby  set  off  fi'om  the  city  of  A\^oburn  and  annexed  to 
and  made  a  part  of  the  town  of  Stoneham  ;  and  said  in- 
habitants shall  hereafter  be  inhabitants  of  Stoneham,  and 


306 


Acts,  1895.  — Chap.  298. 


Payment  of 
taxes. 


Apportionment 
of  Blate  and 
county  taxes, 
etc. 


Aid  and  support 
of  paupers. 


Election  of 
national,  state 
and  county 
officers. 


shall  enjoy  till  the  riirhts  and  privileges  and  be  sul)jcct  to 
all  the  duties  and  liabilities  of  the  iuhal)itants  of  said 
town  of  Stoneham. 

Section  2.  The  inhal)itants  and  estates  within  the 
territory  above-described,  and  the  owners  of  said  estates, 
shall  be  holden  to  pa}'  all  taxes  which  have  been  hereto- 
fore Icually  assessed  upon  thera  by  the  city  of  AVoburu  ; 
and  all  taxes  heretofore  assessed  and  not  collected  shall 
be  collected  and  paid  to  the  treasurer  of  the  city  of 
AVoburn,  in  the  same  manner  as  if  this  act  had  not  been 
])assed.  And  until  the  next  state  valuation  the  town  of 
Stoneham  shall  annually,  on  or  before  the  first  day  of 
November,  pay  to  the  city  of  Woburn  the  proportion 
of  any  state  or  county  tax  which  the  city  of  Woburn  may 
be  rcfiuired  to  pay  upon  the  inhabitants  or  estates  hereby 
set  oil,  said  proportion  to  be  ascertained  and  determined 
by  the  last  valuation  next  preceding  the  passage  of  this 
act ;  and  the  assessors  of  Woburn  shall  make  return  of 
said  valuation  and  the  proportion  thereof  in  the  city  of 
Woburn  and  the  town  of  Stoneham,  respectively,  to  the 
secretary  of  the  Commonwealth  and  to  the  county  com- 
missioners of  the  county  of  jNIiddlescx. 

Section  3.  If  any  person  who  has  heretofore  gained 
a  settlement  in  said  city  by  reason  of  residence  in  said 
territory  set  olf  as  aforesaid,  or  by  having  been  proprietor 
of  any  part  thereof,  or  "s^  ho  may  derive  such  settlement 
from  any  such  residence  or  proprietorship,  shall  come  to 
want  and  stand  in  need  of  relief,  aid  and  support  as  a 
pauper  he  shall  be  relieved  and  supported  by  the  town  of 
Stoneham,  in  the  same  manner  as  he  would  have  been  by 
said  city  had  he  gained  a  legal  settlement  therein. 

Section  4.  Until  a  new  appoi-tionment  of  representa- 
tives shall  be  made  the  inhabitants  of  the  territory 
described  in  the  first  section  of  this  act  shall,  for  the 
purpose  of  electing  state  and  county  officers,  members  of 
the  executive  council,  senators  and  representatives  to  the 
general  court,  electors  of  president  and  vice  i)resident  of 
the  United  States,  and  representatives  to  congress,  re- 
main and  continue  to  be  a  part  of  the  city  of  Woburn ; 
and  the  inhabitants  resident  therein  qualified  to  vote  shall 
be  entitled  to  vote  for  said  officers  and  shall  be  eligible  to 
the  office  of  representative  in  the  city  of  Woburn,  and 
shall  vote  at  the  place  or  places  at  Avhich  the  inhabitants  of 
Woburn  vote.    The  recfistrars  of  voters  of  Stoneham  shall 


Acts,  1895. —  Chap.  299.  307 

anuually  make  a  true  list  of  all  persons  resident  in  said 
territory  qualilied  to  vote  at  every  such  election,  and  post 
the  same  in  said  territory  according-  to  law.  They  shall 
also  deliver  one  such  list,  corrected  as  required  by  law, 
to  the  mayor  and  tddermeu  of  AVoburn  before  the  time  of 
meeting  for  election,  to  be  used  thereat. 

Section  5.     Within  one  year  from  the  passasre  of  this  stoneimmto 

-  1      11  >       ji  -i  I'Tur    1  pay  portion  or 

act  the  town  of  Stoneham  shall  pay  to  the  city  oi  W  oburn  net  debt  of 
such  a  proportion  of  the  net  debt  of  the  city  of  Woburn,  one/ea".^"^' 
excepting  the  water  del)t,  as  the  value  of  the  territory  an- 
nexed to  Stoneham  under  the  provisions  ot  this  act  shall 
bear  to  the  whole  valuation  of  the  city  of  Woburn,  accord- 
ing to  the  last  annual  assessors'  valuation  previous  to  the 
passage  of  this  act. 

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

Approved  A[)ril  20,  1S95. 

An  Act  relative  to  the  EECOuNTiN(i  of  ballots.  C%a«.299 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     If,  within  the  fourteen  days  next  succeed-  Recount  of 

\  '         ^  ,  J  ballots  cast 

ino-  the  day  of  a  sijecial  election  or  of  the  annual  state  or  upon  questions 

submittGu  to 

city  election  in  any  city,  ten  or  more  qualilied  voters  in  voters  in  cities. 
such  city  shall  file  with  the  city  clerk  a  statement  in  writ- 
ing that  they  have  reason  to  believe  that  the  record  of 
ballots  cast  upon  the  (luestion  of  granting  licenses  for  the 
sale  of  intoxicating  liquors  in  such  city,  or  upon  any 
other  question  required  by  law  to  be  submitted  to  the 
voters  of  such  city,  is  erroneous,  the  clerk  shall  forthwith 
transmit  such  statement  to  the  board  of  aldermen  of  such 
city ;  and  the  board  of  aldermen  shall  forthwith  issue  an 
order  to  the  board  of  registrars  of  voters  to  examine  the 
ballots  cast  and  determine  the  question  raised ;  and  such 
board  of  registrars  of  voters  shall  thereupon  and  within 
ten  days  thereafter  recount  the  ballots  and  make  such 
determination ;  and  such  recount  shall  stand  as  the  true 
result  of  the  vote  cast  in  such  city  upon  said  question. 

Section  2.  If,  within  the  two  da3^s  next  succeeding  in  towns. 
the  day  on  which  the  declaration  is  made  of  the  result  of 
the  vote  in  a  town  upon  the  question  of  granting  licenses 
for  the  sale  of  intoxicating  liquors  therein,  or  upon  any 
other  question  required  by  law  to  be  submitted  to  the 
voters  of  such  town,  ten  or  more  qualified  voters  in  such 
town  shall  file  with  the  town  clerk  a  written  statement 


308  Acts,  1895.  — Chap.  299. 


that  thoy  have  reason  to  l)elicvc  that  an  error  was  made 
in  ascertaining  or  declaring  the  result  of  the  count  of  the 
1)allots  cast  upon  said  question,  the  clerk  shall  forthwith 
transmit  such  statement  to  the  moderator  of  the  meeting. 
Moderator  to      '|^)j(.  moderator  shall  thereuijon  and  within  three  days  next 

recount  ballots,  ■  i        i       i  •  i  i  •    i 

etc.  succeeding  the  day  ot  such  declaration  publicly  recount 

such  ballots  and  clcclare  the  result  of  such  vote.  If  the 
recount  does  not  agree  with  the  original  count  the  moder- 
ator shall  forthwith  make  and  sign  a  certificate  of  the  re- 
sult of  such  recount  and  file  the  same  with  the  town  clerk. 
The  town  clerk  shall  record  the  certificate  in  his  book  of 
records  of  town  meetings,  directly  following  his  record  of 
the  meeting  at  which  such  ballots  were  cast ;  and  the 
record  of  the  recount  shall  stand  as  the  true  result  of  the 
vote  cast  in  such  town  upon  said  question. 

In  towns  voting       SECTION  o.      In   towus   votiug    by    prcciucts   at    the 

bv  precincts  at  ii-  r  v>  ••/•! 

annual  town  auuual  elcctioD  of  towu  oihcers,  petitions  tor  the  recount- 
lonfe,  e  c.  .^^^  of  ballots  cast  for  any  officer  or  oflficers,  or  for  the  re- 
counting of  ballots  cast  upon  the  question  of  granting 
licenses  for  the  sale  of  intoxicating  liquors,  or  upon  any 
other  question  required  by  law  to  be  sul)mitted  to  the 
voters  of  the  town,  shall  be  made  to  the  board  of  registrars 
of  voters,  who  shall  conduct  the  recount  in  conformity 
with  the  ])rovisions  and  requirements  of  the  laws  relating 
thereto,  and  shall  have  all  the  powers  and  duties  of  a 
moderator  in  like  cases. 
PetitionerB  to  SECTION  4.     If  tlic  rccouiit  relatcs  to  ballots  cast  u])on 

perrton  to  repre-  thc  questioii  of  granting  licenses  for  the  sale  of  intoxicat- 

Kent  them  at  .  ,.  '  .1  ..  •       j     i        i 

recount.  lug  liquors,  or  ui)on  any  otiier  question  required  l)v  law 

to  be  su])mitted  to  the  voters  of  a  city  or  town,  the  peti- 
tioners shall,  at  the  time  of  presenting  the  petition  for  a 
recount,  present  in  writing  the  name  of  a  person  to  repre- 
sent them  at  the  recount. 

Candidates  and        Section  5.     AVhcncvcr  a  recount  of  ballots  cast  at  an 

persons  rei)r.e-  •      i       i  •    •  •     1   •  i        i  1 

renting peii-       clectioii  IS  liaci  undcr  the  provisions  oi  this  act  thc  board, 
noiiued.  officci'S  or  couimittee  charged  with  the  duty  of  making 

such  recount  shall,  l)efore  proceeding  to  recount  the  bal- 
lots, give  notice  in  writing  to  the  several  candidates  inter- 
ested in  such  recount  and  liable  to  l)e  aflfected  thereby,  or 
to  the  person  representing  the  petitioners,  of  the  time  and 
place  of  making  the  same,  and  each  such  candidate  or 
person  representing  the  petitioners  may  appear  and  be 
present  during  such  recount,  either  in  person  or  by  an 
agent  appointed  by  him  in  writing. 


Acts,  1895.  — Chap.  300.  309 

Section  6.     All  recounts  made  under  the  provisions  of  ^po°"°ueBUoM 
this  act  shall  be  upon  the  questions  designated  in  the  peti-  iio-^ignated  in 
tion  or  petitions  for  recounts,  and  no  other  count  shall  be 
made  or  allowed  to  be  made  or  other  information  taken 
or  allowed  to  be  taken  from  the  ballots  on  such  recount. 

Section  7.     In  cities  the  board  of  registrars  of  voters  ciencai 
are  hereby  authorized  and  empowered  to    employ  such  In  cities. 
clerical  assistance  as  they  may  deem  necessary  to  enable 
them  to  carry  out  the  provisions  of  this  act. 

Section  8.  Section  two  hundred  and  nine  of  chapter  Repeal. 
four  hundred  and  seventeen  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-three ;  section  two  hundred  and 
ten  of  said  chapter  four  hundred  and  seventeen  as  amended 
by  section  two  of  chapter  three  hundred  and  eighty-five  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four ; 
section  two  hundred  and  eleven  of  said  chapter  four  hun- 
dred and  seventeen,  and  chapter  eighty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-five,  are  hereby 
repealed. 

Section  9.     This  act  shall  take  eft'ect  upon  its  passage. 

Ai:)proved  April  20,  1895. 

An  Act  relative  to  the  taxation  of  corporations  formed  to  C'Jin'n  SOO 

CONSTRUCT   railroads,  OR   RAILROADS  AND  TELEGRAPHS,  IX  FOR- 
EIGN   COUNTRIES. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  Section  forty-six  of  chapter  thirteen  of  the  p.  s.  i3,  §  46, 
Pul)lic  Statutes  is  hereby  amended  by  inserting  in  the  ^'^^°  ^ 
fourth  line,  after  the  word  "forty-three",  the  words:  — 
except  that  the  rate  of  taxation  shall  aggregate  one 
twentieth  of  one  per  cent,  per  annum  upon  the  par  value 
of  the  capital  stock  of  every  such  corporation,  divided 
into  two  semi-annual  payments  as  provided  in  said  sec- 
tion forty-three,  —  so  as  to  read  as  follows  :  —  Section  46.  Taxation  of 

1^  •  ^  ^  .    corporations 

-Lvery  corporation  formed  under  the  general  laws  of  the  foimed  to  con- 
Commonwealth  to  construct  railroads,   or  railroads  and  etc.,  in  foreign ' 
telegraphs,   in  foreign  countries,  shall,  for  purposes  of  *=°""'"^^- 
taxation,  lie  subject  to  the  provisions  of  section  forty- 
three,   except  that  the  rate   of  taxation   shall  aggregate 
one  twentieth  of  one  [)er  cent,  per  annum  upon  the  par 
value   of   the  capital  stock  of  every    such   corporation, 
divided   into  two  semi-annual  payments  as  provided  in 
said  section  forty-three ;  but  no  other  provisions  of  this 


310 


Acts,  1895.  — Chap.  301. 


chapter  relating  to  the  assessment  of  taxes  upon  corpora- 
tions   or   the    shareholders   therein    shall   ai)ply   thereto. 
To  return  Evcrv  sucli  Corporation  shall  annual!  v,  between  the  iirst 

anuually  a  list  t     ^        i      i  i-nr  i"^  •• 

of  shareholders,  and  tcuth  dajs  01  May,  return  to  the  tax  commissioner, 
under  the  oath  of  its  treasurer,  a  complete  list  of  its 
shareholders,  with  their  places  of  residence,  the  number 
of  shares  l)elonging  to  each  on  the  tirst  day  of  ]\Iay,  the 
amount  of  its  capital  stock,  and  the  par  value  and  market 
value  of  the  shares  on  said  Iirst  day  of  May. 

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

Ajyproved  April  20,  1895. 


CllClT)  301   "■^^  ^'^'^  "^^  AUTHORIZE   TIIK   TRUSTEES    OF    THE     BERKSHIRE    ATHE- 
NiEUM  TO   TAKE  LAND   EOK   A   FREE   PULILIC   LIBRARY. 


May  take 
certain  land  for 
a  public  library 
building. 


Description 
of  land  to  be 
recorded,  etc. 


Damages. 


Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  Trustees  of  the  Berkshire  Athenaeum 
may,  within  three  months  from  the  first  day  of  May  in  the 
year  eighteen  hundred  and  ninety-five,  take  any  land  not 
appropriated  to  public  uses,  adjoining  the  land  now  owned 
by  that  corj^oration,  as  a  place  for  the  erection  of  a  build- 
ing to  be  used  for  its  free  public  library,  but  the  land  so 
taken  shall  not  exceed  one  fourth  of  an  acre  in  extent. 
Said  trustees  shall,  within  thirty  days  after  such  taking, 
file  in  the  registry  of  deeds  for  the  middle  district  of  tlie 
county  of  Berkshire  a  description  of  said  land,  stating 
the  metes,  bounds  and  dimensions  thereof,  and  a  state- 
ment of  the  purpose  for  which  such  land  is  taken,  which 
description  and  statement  shall  be  signed  by  said  trustees 
or  a  majority  of  them  ;  and  the  title  to  said  land  shall  vest 
in  the  said  corporation  for  the  purposes  aforesaid  from  the 
time  of  filing  said  description  and  statement. 

Section  2.  All  damages  sustained  by  such  taking  shall 
])e  paid  by  said  cor[)oration  within  thirty  days  after  the 
same  are  determined,  and  if  the  parties  fiiil  to  agree  upon 
such  damages  with  the  owner,  the  same  may  l)e  assessed 
and  determined  l)y  a  jury  in  the  manner  provided  by  law 
in  the  case  of  the  taking  of  laud  for  laying  out  town  ways, 
upon  application  therefor  made  within  three  years  from 
the  date  of  such  filing,  by  either  party.  If  the  damages 
so  awarded  exceed  the  amount  tendered  to  the  owner  as 
compensation,  before  the  filing  of  the  ai)plication  for  a 
jury,  he  shall  recover  his  costs,  otherwise  the  said  cor- 
poration shall  recover  costs. 


Acts,  1895.  — Chap.  302.  311 

Section  3.     The  land  so  taken  shall  revert  to  the  owner  Land  to  revert 
or  to  his  assigns,  unless  within  two  years  after  hling  such  d^tZmLTdi^-^^ 
statement  and  description  a  building  is  erected  thereon  for  pYied  wuh°™' 
the  purposes  aforesaid,  and  unless  compensation  is  paid 
for  the  same  as  provided  in  this  act. 

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

Approved  April  22, 1895. 


Chap.302 


An  Act  to  revise  the  charter  of  the  city  of  pittsfield. 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  inhabitants  of  the  city  of  Pittsfield  2^lJ  S\^ 

,..  ,*'  ,        Pittsfield. 

shall  contmue  to  be  a  body  politic  and  corporate,  under 
the  name  of  the  City  of  Pittsfield,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obli- 
gations, now  pertaining  to  and  incumbent  upon  said  city 
as  a  municipal  corporation,  except  so  far  as  the  same  may 
be  modified  by  the  provisions  of  this  act. 

Section  2.     The  administration  of  all  the  fiscal,  pru-  Government 
dential  and  municipal  afiairs  of  said  city,  with  the  govern-  malifgemTnt  of 
ment  thereof,  shall  be  vested  in  one  officer,  to  be  called  *^^^"- 
the  mayor,  one  council  to  be  called  the  board  of  aldermen, 
and  one  council  to  be  called  the  common  council,  which 
councils  in  their  joint  capacity  shall  be  denominated  the 
city  council.     The  general  management  and  control  of  the 
public  schools  of  said  city  shall  be  vested  in  a  school  com- 
mittee. 

Section  3.     The  territoiy  of  the  city  shall  continue  to  seven  wards. 
be  divided  into    seven  wards,   which   shall   retain   their 
present  boundaries  until  the  same  shall  be  changed  under 
the  general  law  relating  thereto. 

Section  4.  The  municipal  election  shall  take  place  Municipal 
annually  on  the  first  Tuesday  of  December,  and  the  munic-  mun\'ci^a7year. 
ipal  year  shall  begin  on  the  first  Monday  of  January 
following.  All  meetings  of  the  citizens  for  municipal 
purposes  shall  be  called  by  warrants  issued  by  order  of  the 
ma^^or  and  board  of  aldermen,  which  shall  be  in  such  form 
and  be  served  and  returned  in  such  manner  and  at  such 
times  as  the  city  council  may  bv  ordinance  direct. 

Section  5.     At  such  municipal  election  the  qualified  Mayor,  aider- 

1      n       •  •         1      •  1        I      11  «  men,  etc.,  to 

voters  shall  give  m  their  votes  by  ballot  tor  mayor,  alder-  be  elected  by 
men,    common    councilmen,    and    school    committee,    in    ^°'^'^' 
accordance  with  the  provisions  of  this  act  and  the  laws 


312 


Acts,  1895. 


Chap.  302. 


Vacancies,  etc. 


Meetings  for 
election  of 
national,  state, 
etc.,  otficere. 


Ward  meetings 
may  be  held  in 
adjacent  ward. 


General 
meetings  of 
qualified  voters. 


Mayor,  election 
powers,  duties, 
etc. 


of  the  Commonwealth.  Any  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 
several  persons,  to  the  number  required  to  be  chosen, 
receiving  the  highest  number  of  votes  shall  be  deemed 
and  declared  to  be  elected,  and  each  person  so  elected 
shall  be  notified  of  his  elccti(m  in  writing  by  the  city 
clerk.  If  it  sliall  appear  that  there  is  no  choice  of  mayor, 
or  if  the  person  elected  mayor  shall  refuse  to  accept  the 
office  or  shall  die  before  qualifying,  or  if  a  vacancy  in  said 
office  shall  occur  subsequently,  the  board  of  aldermen  shall 
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  repeated  until  the 
election  of  a  mayor  is  completed.  If  the  full  number  of 
members  of  either  branch  of  the  city  council  shall  fail  to 
be  elected,  or  a  vacancy  shall  occur  in  either  branch,  such 
branch  shall  declare  a  vacancy  or  vacancies  to  exist,  and 
thereupon  the  board  of  aldermen  shall  cause  a  new  election 
to  be  held  to  fill  the  same.  The  person  thus  elected  to  filll 
a  vacancy  shall  hold  office  for  the  remainder  of  the  term. 

Sectiox  6.  All  meetings  for  the  election  of  national, 
state,  county  and  district  officers  shall  be  called  l)y  the 
mayor  and  board  of  aldermen,  in  the  same  manner  as 
meetings  for  municipal  elections  are  called. 

Section  7.  The  board  of  aldermen  may,  when  no 
convenient  wardroom  for  holding  the  meeting  of  the  citi- 
zens of  any  ward  can  be  had  within  the  territorial  limits 
of  such  ward,  appoint  and  direct,  in  the  warrant  for  calling 
the  meeting  of  such  ward,  that  the  meeting  be  held  in  some 
convenient  place  within  the  limits  of  an  adjacent  ward  of 
the  city ;  and  for  such  purpose  the  ])lace  so  assigned  shall 
be  deemed  and  taken  to  be  a  part  of  the  ward  for  which 
the  election  is  held. 

Sectiox  8.  General  meetings  of  the  citizens  qualified 
to  vote  may  from  time  to  time  l)e  held  according  to  the 
rights  secured  to  the  people  by  the  constitution  of  this 
Commonwealth,  and  such  meetings  may,  and  upon  request 
in  writing  of  fifty  qualified  voters  setting  forth  the  pur- 
poses thereof  shall,  be  dul}'  called  by  the  mayor  and  board 
of  aldermen. 

Section'  9.  The  mayor  shall  be  elected  by  the  quali- 
fied voters  of  the  entire  city  and  shall  hold  office  for  the 


Acts,  1895.  — Chap.  302.  313 

municipal  year  beginning  "^'ith  the  first  Monday  in  Janii-  Mayor,  election, 
ary  next  succeeding  his  election,  and  until  his  successor  lic'!^"'  '^""^*' 
is  elected  and  qualified.  He  shall  be  the  chief  executive 
officer  of  the  city,  and  it  shall  be  his  duty  to  be  active  and 
vigilant  in  causing  the  laws,  ordinances  and  regulations 
of  the  city  to  be  enforced,  and  to  keep  a  general  super- 
vision over  the  conduct  of  all  subordinate  officers.  He 
shall  have  the  power  of  veto  provided  by  general  law^ 
He  may  suspend  any  officer,  and  may  suspend  any  work 
or  payment  whether  on  contract  or  otherwise  for  a  period 
not  exceeding  seven  days,  but  in  such  case  he  shall  report 
his  action  with  his  reasons  therefor  to  the  city  council, 
which  shall  take  immediate  action  thereon.  He  may  call 
special  meetings  of  the  city  council  or  either  branch  thereof, 
when  in  his  opinion  the  interests  of  the  city  require  it,  by 
causing  notices  to  be  left  at  the  usual  place  of  residence 
of  each  member  of  the  board  or  boards  to  be  convened. 
He  shall  from  time  to  time  communicate  to  the  city  council 
or  either  branch  thereof  such  information  and  recommend 
such  measures  as  the  business  and  interests  of  the  city 
may  in  his  opinion  require.  He  shall,  when  present, 
preside  in  the  board  of  aldermen  and  in  convention  of  the 
two  boards,  l)ut  shall  have  no  vote.  He  shall  receive  a  compensation. 
salary  of  one  thousand  dollars,  and  the  same  shall  be  pay- 
able at  stated  periods.  He  shall  receive  no  other  com- 
pensation for  his  services. 

Section  10.     The  mayor  shall  appoint,  subject  to  the  Pouce  officers 
confirmation  or  rejection  of  the  board  of  aldermen,  a  city  appJimmentr' 
marshal  or  chief  of  police,  and  such  number  of  other  police  ^^''''^'etc. 
officers  and  constables  as  the  city  council  shall  determine. 
The  chief  of  police  and  all  other  police  officers  shall  hold 
office  during  good  behavior  and   until   removed  by  the 
mayor,  with  the  concurrence  of  the  board  of  aldermen, 
after  hearing,  for  cause  in  their  opinion  sufficient.     The  jsiay  be  required 
board  of  aklermen  may  require  any  person  who  may  be  etc!'^*'  ^°'^'^^' 
appointed  a  chief  of  police  or  constable  to  give  bonds, 
with  such  security  and  to  such  an  amount  as  they  may 
deem  reasonable  and  proper,  for  the  faithful  discharge  of 
the  duties  of  the  office,  upon  which  bond  like  proceedings 
and  remedies  may  be  had  as  are  by  law  provided  in  case 
of  constables'  bonds  taken  by  the    selectmen  of  towns. 
The  compensation  of  the  police  and   other   subordinate  compensation. 
officers   shall   be    fixed   by  concurrent  vote    of  the   city 
council. 


3U  Acts,  1895.  — Chap.  302. 

wd^ofakier-  Section  11.  In  case  of  a  vacancy  in  the  office  of 
mentoaciin  mavoi',  or  in  case  of  his  death,  resignation  or  absence 
etc.,  iu  oiiice  of '  from  thc  citv,  or  of  his  inability  from  other  cause  to  per- 
luajo'-  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  tlieroto  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  nine  days,  or  unless 
the  office  of  mayor  has  become  vacant,  have  power  to 
approve  or  disa])prove  any  ordinance,  order,  resolution 
or  vote  of  the  city  council, 
wmmoncJiri?.  Sectiox  12.  One  alderman  shall  be  elected  by  and 
ciinien,  election,  ffom  tlic  qualified  votcrs  of  each  ward,  and  shall  hold 
office  for  one  year  from  the  first  ^Monday  of  January  next 
succeeding  his  election.  At  the  municipal  election  to  be 
held  in  the  year  eighteen  hundred  and  ninety-five  two 
common  councilmen  shall  be  elected  bj'  and  from  the 
qualified  voters  of  each  ward,  who  shall  hold  office  one  for 
one  year  and  one  for  two  years  from  the  first  Monday  of 
January  following ;  and  at  each  municipal  election  there- 
after, beginning  with  the  nnmicipal  election  to  be  held  in 
the  j-ear  eighteen  hundred  and  ninety-six,  one  common 
councilman  shall  be  elected  by  and  from  the  qualified 
voters  of  each  ward,  and  shall  hold  office  for  two  years 
from  thc  first  Monday  of  January  next  succeeding  his 
Certain  persons  clcction.  Xo  pcrson  sliall  bc  eligible  for  election  as 
not  eiigib  e,  etc.  j^] jgj.jjjj^jj  qj.  common  couucilmau  who  is  not  at  the  time 

of  his  election  a  resident  of  the  "ward  from  which  he  is 
chosen,  but  a  su])scquent  removal  to  another  ward  of  said 
city  shall  not  dis(|ualify  any  such  officer  from  discharging 
the  duties  of  his  office.  The  aldermen  and  common 
councilmen  shall  be  sworn  to  the  faithful  discharge  of  their 
duties,  and  they  shall  receive  no  compensation  for  their 

Quorum.  sorviccs.     A  majority   of  each  l)oard  shall   constitute  a 

quorum  for  the  transaction  of  business. 

Oath  of  office  of      Sectiox  13.     Ou  tlic  first  Moudav  of  Januarv,  at  ten 

miivor,  alder-  ,    i       i     •         i        /.  "i  i  f 

meii  and  coun-  Q  clocK  lu  tlic  forcuoou,  the  mayor,  aldermen  antl  common 
councilmen  elect  shall  meet  in  joint  convention,  when 
they  shall  be  sworn  to  the  faithful  discharge  of  the  duties 
of  their  respective  offices.  The  oath  may  be  administered 
by  the  city  clerk  or  by  any  justice  of  the  peace,  and  a 
certificate  of  such  oath  havinir  been  taken  shall  be  entered 


Acts,  1895.  — Chap.  302.  315 

on  the  journals  of  the  board  of  aldermen  and  of  the  com- 
mon council  by  their  respective  clerks.  After  the  oath 
has  been  administered  as  aforesaid  the  two  boards  shall 
separate.  The  common  council  shall  be  organized  by  the  organization  of 
choice  of  a  president  and  clerk,  to  hold  their  offices  re-  etc!  <=o»"<=>'' 
spectively  during  the  municipal  year.  The  clerk  shall  l)e 
sworn  to  the  faithful  discharge  of  his  duties,  and  his  com- 
pensation shall  be  fixed  by  concurrent  vote  of  the  city 
council.  The  board  of  aldermen  shall  choose  a  president, 
who  shall  preside  at  the  meetings  of  the  board  of  aldermen 
and  of  the  two  councils  in  joint  convention  in  the  absence 
of  the  mayor.  In  case  of  the  absence  of  the  mayor  elect 
on  the  first  Monday  of  January,  or  if  the  mayor  shall  not 
have  been  elected,  the  city  council  shall  organize  itself  in 
the  manner  hereinbefore  provided,  and  may  proceed  to 
business  in  the  same  manner  as  if  the  mayor  were  present, 
and  the  oath  of  office  may  at  any  time  thereafter  be  ad- 
ministered to  the  mayor  and  any  member  of  the  city 
council  who  has  been  previously  absent  or  has  been 
subsequently  elected,  and  every  oath  shall  be  duly  certified 
as  aforesaid.  Each  board  shall  keep  a  record  of  its  own  Each  board  to 
proceedings  and  be  the  judge  of  the  election  of  its  own  eiecuorofits 

members.^  '  own  members. 

Section  14.     The  city  clerk  shall  have  charge  of  all  ^"^rg^^'^ijieg 
journals,  records,  papers  and  documents  of  the  city,  sign  etc. 
all  warrants  issued  by  the  mayor  and  aldermen,  and  do 
such  other  acts  in  his  said  capacity  as  the  city  council  may 
require  of  him.     He  shall  be  the  clerk  of  the  board  of 
aldermen  and  of  the  city  council  in  convention,  and  shall 
keep  a  journal  of  all  votes  and  proceedings.     He  shall 
engross  all  the  ordinances  passed  by  the  city  council  in 
a  l)ook  provided  for  that  purpose,  and  shall  add  proper 
indexes,  which  book  shall  be  deemed  a  public  record  of 
such  ordinances.     He  shall  perform  such  other  duties  as 
are  required  by  law  or  shall  be  prescribed  by  the  board 
of  aldermen.     In  case  of  the  temporary  absence  of  the  cierkpro 
city  clerk  the  mayor,  with  the  consent  of  the  board  of  ^'"^^°'^- 
aldennen,  may  appoint  a  clerk  pro  tempore,  who  shall  be 
duly  qualified. 

Section  15.     The  executive  power  of  said  city  gener-  Executive 
ally,   with  all   the  powers  heretofore  vested   by    special  ?eeTld  in  mayor 
statute  in  the  selectmen  of  the  town  of  Pittsfield,  and  in  ^nd  aldermen, 
the  officers  of  the  Pittsfield  Fire  District,  and  in  the  select- 
men of  towns  generally  by  the  laws  of  the  Commonwealth, 


316 


Acts,  1895.  — Chap.  302. 


Appropriations, 
etc. 


Account  of 
receipts  and 
expenditures  to 
be  published, 
etc. 


Care,  etc.,  of 
public  grounds. 


Appointments, 
etc. 


City  council 
may  establish 
ordinances  and 


shall  be  vested  in  and  exercised  by  the  mayor  and  aldermen, 
as  fully  as  it"  the  same  were  herein  specially  enumerated, 
except  as  herein  otherwise  provided. 

Section  1(3.  The  city  council  shall  appropriate  an- 
nually  the  amount  necessary  to  meet  the  expenditures  of 
the  city  lor  the  current  municipal  3'ear,  and  such  appro- 
priations shall  not  be  increased  except  by  a  vote  of 
two  thirds  of  each  board  voting  by  yeas  and  nays.  It 
shall  take  care  that  no  money  is  paid  from  the  treasury 
unless  granted  or  appropriated,  and  shall  secure  a  just  and 
proper  accountability  by  requiring  bonds  with  sufficient 
penalties  and  sureties  from  all  persons  intrusted  with  the 
receipt,  custody  or  disbursement  of  money.  It  shall,  as 
often  as  once  in  each  year,  cause  to  be  published  for  the 
use  of  the  inhabitants  a  particular  account  of  the  receipts 
and  expenditures  of  said  city  and  a  schedule  of  all  city 
property  and  of  the  city  debt.  It  shall  have  the  care  and 
superintendence  of  the  city  buildings  and  the  custody, 
management  and  disposal  of  all  city  property.  Any 
appropriation  made  by  the  city  council  lor  the  erection 
of  a  city  hall  or  for  land  for  a  location  for  such  building 
shall  be  subject  to  ratification  b}'  the  legal  voters  of  the 
city,  voting  in  their  respective  wards  or  precincts,  at  an 
annual  municipal  election.  The  city  council  shall  also 
have  the  sole  care,  superintendence  and  management  of 
the  public  grounds  belonging  to  said  city. 

Sectiox  17.  In  all  cases  in  which  appointments  are 
directed  to  be  made  by  the  mayor  and  aldermen  the  mayor 
shall  have  the  exclusive  power  of  nomination,  which 
nomination  shall  be  subject  however  to  confirmation  or 
rejection  by  the  board  of  aldermen.  If  a  person  so 
nominated  be  rejected  the  mayor  shall  make  another 
nomination  Avithin  ten  days  Irom  the  time  of  such  rejec- 
tion. 2so  person  shall  be  eligible  by  appointment  or 
election  by  the  mayor  and  aldermen  or  city  council  to  any 
office  of  emolument  the  salary  of  which  is  payal)le  out  of 
the  city  treasury,  who  at  the  time  of  such  election  or 
appointment  is  a  member  of  the  city  council.  All  sittings 
of  the  mayor  and  aldermen,  of  the  common  council  and 
of  the  city  council,  shall  be  jiublic,  except  the  sittings  of 
the  mayor  and  aldermen  when  they  are  engaged  in  exec- 
utive business. 

Section'  18.  The  city  council  shall  have  power  within 
said  city  to  make  and  establish  ordinances  and  by-laws 


Acts,  1895.  — Chap.  302.  317 


and  to  affix  thereto  penalties  as  herein  and  by  general  law  bj -laws,  affix 
provided  without  the  sanction  of  any  court  or  justice  ^'^°'^  les,  ec. 
thereof.  All  tines  and  forfeitures  for  the  breach  of  any 
ordinance  shall  be  paid  into  the  city  treasury.  Complaint 
for  the  breach  of  any  ordinance  may  be  made  by  the  mayor 
or  any  head  of  a  department,  or  by  any  resident  of  the 
city.  All  existing  ordinances  of  said  city  not  inconsistent 
with  the  provisions  of  this  act  are  continued  in  force  until 
amended  or  repealed. 

Section  lU.     The  city  council  shall,  with  the  approval  streets, 

'J  '.  L  L  highways,  etc. 

of  the  mayor,  have  exclusive  authority  and  power  to 
order  the  laying  out,  locating  anew  or  discontinuing  of, 
or  making  specific  repairs  in,  all  streets  and  ways  and  all 
highways  within  the  limits  of  said  city,  and  to  assess  the 
damages  sustained  thereby ;  but  all  questions  relating  to 
the  subjects  of  laying  out,  altering,  repairing  or  discon- 
tinuing any  street,  way  or  highway,  shall  first  be  acted 
upon  by  the  mayor  and  aldermen.  Any  person  aggrieved 
by  any  proceedings  of  the  city  council  under  this  provision 
shall  have  all  the  rights  and  privileges  now  allowed  by 
law  in  appeals  from  the  decision  of  selectmen  or  road 
commissioners  of  towns. 

Section  20.     The  city  council  shall  annually,  as  soon  cuy  treasurer, 
after  their  organization  as  may  be  convenient,  elect  by  eiectionVterm,' 
joint  ballot  in  convention  a  city  treasurer,  a  collector  of  ®^''' 
taxes,  and  a  city  clerk,  and  by  concurrent  vote  may  elect 
a  city  physician,  a  city  solicitor,  and  a  city  auditor,  who 
shall  lie  legal  voters,  and  shall  hold  their  offices  for  the 
terra  of  one  year  from  the  first  jNIonday  in  February  then 
next  ensuing  and  until  others  shall  be  elected  and  qualified 
in  their  stead  :  jjrovkled,  however^  that  either  of  the  officers  Proviso. 
named  in  this  section  may  be  removed  at  any  time  by  the 
city  council  for  sufficient  cause.     Vacancies  occurring  in 
the  above-named  offices  may  be  filled  at  any  time  in  the 
same  manner  for  the  unexpired  term.     The  compensation  compeusation. 
of  the  officers  mentioned  in  this  section  shall  be  fixed  by 
concurrent  vote  of  the  city  council. 

Section  21.  The  city  council  may  establish  a  fire  de-  Fire  depart- 
partment  for  said  city,  to  consist  of  a  chief  engineer  and 
of  as  many  assistant  engineers,  enginemen,  hosemen, 
hook-and-ladder  men  and  assistants  as  the  city  council  by 
ordinance  shall  from  time  to  time  prescribe ;  and  said 
council  shall  have  authority  to  fix  the  time  of  their  ap- 
pointment  and  the  term  of  their  service,  to  define  their 


meut. 


318 


Acts,  1895.  — Chap.  302. 


Appointment, 
etc.,  of  otticers 
and  members. 


Compensation, 
etc. 


Fire  limits  may 
be  establiehed, 
etc. 


Asseseors  of 
taxes,  election, 
term,  etc. 


AsBistant 
assesBorii. 


duties,  and  in  <rencral  to  make  such  regulations  concerning 
the  pa}',  conduct  and  uovernmcnt  of  such  department,  the 
management  of  tires  and  the  conduct  of  persons  attending 
tires,  as  they  may  deem  expedient,  and  may  tix  such  pen- 
alties for  any  violation  of  such  regulations  or  any  of  them 
as  are  ])rovidcd  for  the  breach  of  the  ordinances  of  said 
city.  The  ai)pointment  of  all  the  officers  and  members  of 
such  department  shall  be  vested  in  the  mayor  and  alder- 
men exclusively,  who  shall  also  have  authority  to  remove 
from  office  any  officer  or  member  for  cause  sufficient  in 
their  discretion.  The  engineers  so  appointed  shall  be  the 
firewards  of  the  city,  Ijut  the  mayor  and  aldermen  may 
appoint  additional  tire  wards.  The  compensation  of  the 
de})artment  shall  be  fixed  by  concurrent  vote  of  the  city 
council.  The  powers  and  duties  herein  conferred  upon 
the  city  council  in  relation  to  the  establishment  and  main- 
tenance of  a  tire  department  may,  if  the  city  council  shall 
so  determine,  be  exercised  and  carried  into  effect  wholly 
or  in  part  through  the  agency  of  a  board  or  commission 
which  it  may  from  time  to  time  designate,  and  with  such 
limitations  of  power  as  the  city  council  may  by  ordinance 
direct.  The  members  of  any  such  board  or  commission 
shall  serve  without  compensation. 

Section  22.  The  city  council  shall  have  power  to 
establish  fire  limits  within  the  city  and  from  time  to  time 
change  or  enlarge  the  same  ;  and  by  ordinance  they  may 
regulate  the  construction  of  all  buildings  erected  within 
said  fire  limits,  stipulating  their  location,  size  and  the 
material  of  which  they  shall  be  constructed,  together  with 
such  other  rules  and  regulations  as  shall  tend  to  prevent 
damage  ])y  fire  :  2jrovided,  that  such  rules  and  regulations 
shall  not  be  inconsistent  with  the  laws  of  this  Common- 
wealth. 

Section  23.  The  city  council  shall  by  concurrent  bal- 
lot elect  three  persons  to  be  assessors  of  taxes,  one  per- 
son to  be  chosen  by  ballot  in  the  month  of  January  in  each 
year  and  to  hold  office  for  the  term  of  three  years  from 
the  first  Monday  of  February  then  next  ensuing  and  until 
his  successor  is  chosen  and  (lualified.  The  present  assess- 
ors, unless  sooner  removed,  shall  continue  to  hold  office 
for  the  terms  for  which  they  were  severally  chosen.  The 
assessors  shall  annually  elect  one  person  from  each  ward 
to  be  an  assistant  assessor  for  the  ensuing  year,  and  may 
fill  any  vacancy  occurring  in  the  office  of  assistant  assessor 


Acts,  1895.  — Chap.  302.  319 

for  the  unexpired  term.     The  assistant  assessors  shall  be 

sworn  to  the  faithful  performance  of  their  duties.     It  shall 

be  their  duty  to  furnish  the  assessors  with  all  necessary 

information    relative  to  persons  and  property  taxaljle  in 

their  respective  wards.     The  compensation  of  the  assess-  compensation. 

ors   and   assistant   assessors    shall   be   fixed   by  the  city 

council. 

Section  24.     The  city  council  shall  by  concurrent  bal-  overseei-s  of  the 

•'  ,  ^.   "^    .  ,        ,  poor,  election, 

lot  elect  three  persons,  legal  voters  or  said  city,  to  con-  term,  etc. 
stitute  a  board  of  overseers  of  the  poor  in  said  city,  one 
person  to  be  chosen  by  ballot  in  the  month  of  January  in 
each  year  and  to  serve  for  the  term  of  three  years  from 
the  first  Monday  of  Feljruary  then  next  ensuing  and  until 
his  successor  is  chosen  and  qualified.     The  present  mem- 
bers of  said  board  shall,  unless  sooner  removed,  continue 
to  hold  oiEce  for  the  terms  for  which  they  were  severally 
chosen.     Said  board  of  overseers  shall  organize  annually  organization, 
by  the  choice  of  a  chairman,  and  they  may  annually  elect,  elc^.^"  °°'^^°  ' 
but  not  from  their  own  numlier,  a  superintendent,  who 
shall  serve  as  olerk  of  the  board  and  who  may  be  removed 
by   the  board ;  the  compensation  of  the    superintendent 
shall  be  fixed  by  concurrent  vote  of  the  city  council  ;  the 
members  of  the  board  shall  serve  without  compensation. 

Section  25.     The  city  council  shall  l^y  concurrent  Ixil-  Board  of  health, 

1  ,  ^    "    .  .  election,  term, 

lot  elect  three  persons,  legal  voters  of  said  city,  to  con-  ^tc. 

stitute  a  board  of  health,  one  person  to  be  elected  in  the 

month  of  January  in  each  year  and  to  serve  for  the  term 

of  three  years  from  the  first  Monday  of  February  then 

next   ensuing   and   until   his   successor   is  elected.     The 

present  members  of  the  board  of  health  of  said  city  shall, 

unless   sooner  removed,    continue  to  hold  office   for  the 

terms  for  which  they  were  severally  elected.     Elections 

shall  be  so  made  that  one  member  at  least  of  said  lioard 

shall   be  a  physician.     The    compensation    of  the  board  compensation. 

shall  be  fixed  by  the  city  council. 

Sectiox  2i^.  The  city  council  shall  by  concurrent  bal-  of°^,"'ing°fund, 
lot  elect  three  persons,  legal  voters  of  said  city,  to  con-  election,  term,  ' 
stitute  a  board  of  commissioners  of  the  sinking  fund  of 
the  city  of  Pittsfield,  one  person  to  be  elected  in  the 
month  of  January  in  each  year  and  to  serve  for  the  term 
of  three  years  from  the  first  Monday  of  February  then 
next  ensuing  and  until  his  successor  is  elected.  The 
present  commissioners  of  the  sinking  fund  of  said  city 
shall,  unless  sooner  removed,  continue  to  hold  ofiice  for 


320  Acts,  1895.  — Chap.  302. 

Powers,  duties,  f]jg  toriiis  foi'  "svliich  they  were  severally  elected.  Said 
l)oard  shall  serve  without  coiii])ensation,  and  shall  have  all 
the  powers  and  be  subject  to  all  the  duties  specitied  in  the 
laws  relating-  to  sinking  funds  ;  and  said  city  of  Pittslield 
shall  continue  to  have  all  the  rights  and  privileges  and  to 
be  subject  to  all  the  duties  and  lial)ilities  heretofore  given 
to  or  imposed  upon  the  town  of  IMttsfield  in  reference  to 
its  sinking  fund. 

Vacancies,  etc.  SECTION  27.  Any  vacaucy  occurring  in  either  of  the 
boards  established  under  the  provisions  of  the  four  pre- 
ceding sections  maybe  filled  by  the  city  council  voting  by 
concurrent  ballot  at  any  time  for  the  unexpired  term  ;  and 
any  member  of  either  of  said  boards  may  at  any  time  be 
removed  by  the  city  council  for  such  cause  as  may  seem  to 
it  suificient. 

Board  of  public       Sectiox  28.     Froui  and  after  the  first  ^Nlondav  of  May 

works,  election,   .       ~  .  .  ,  •  i       ,. 

term, etc.  m  the  year  eighteen  hundred  and  nniety-nve  the  board  ot 

public  works  of  said  city  shall  consist  of  three  meml)ers, 
and  shall  be  constituted  as  follows :  The  chairman  of  the 
present  board  of  sewer  commissioners  of  "Said  city  shall 
constitute  one  of  the  members  of  said  board  of  public 
works,  and  shall  hold  oflice  as  member  of  said  board,  un- 
less sooner  resigning  or  removed,  until  the  first  ]\Ionday 
of  February  in  the  year  eighteen  hundred  and  ninety-eight 
and  until  his  successor  is  elected ;  the  chairman  of  the 
present  board  of  public  works  of  said  city  shall  constitute 
one  of  the  three  mem))ers  of  the  board  herein  provided 
for,  and  shall  hold  oflice  as  member  of  said  board,  unless 
sooner  resigning  or  removed,  until  the  first  INlonday  of 
February  in  the  year  eighteen  hundred  and  ninety-seven 
and  until  his  successor  is  elected  ;  and  the  member  of  said 
present  ))oard  of  public  works  whose  term  of  oflice,  accord- 
ing to  the  tenor  of  his  original  election,  expires  on  the 
first  Monday  of  February  in  the  year  eighteen  hundred 
and  ninety-six  shall  constitute  the  third  member  of  the 
board  herein  provided  for,  and  shall  hold  office  as  member 
of  said  l)oard,  unless  sooner  resigning  or  removed,  until 
the  first  ^Monday  of  February  in  the  year  eighteen  hundred 
and  ninety-six  and  until  his  successor  is  elected.  The 
term  of  office  of  the  remaining  nieml)er  of  the  present 
board  of  public  works  of  said  city  shall,  notwithstanding 
the  tenor  of  his  original  election,  terminate  on  the  first 
Monday  of  ^lay  in  the  year  eighteen  hundred  and  ninety- 
five.  The  city  council  shall  annually  in  the  month  of 
.January,  beginning  with  the  year  eighteen  hundred  and 


Acts,  1893.  — Chap.  302.  321 

ninety-six,  elect  by  concurrent  ballot  one  person,  who 
shall  be  a  legal  voter  of  said  city,  to  serve  on  the  board 
of  public  works  herein  provided  for  for  the  term  of  three 
years  from  the  first  Monday  of  February  next  ensuing  and 
until  his  successor  is  elected.  Said  board  of  pul)lic  works  Organization, 
shall  organize  annually  by  the  choice  of  a  chairman  ;  they 
shall  annually  appoint  a  clerk,  to  be  under  their  direction 
and  control,  who  shall  be  sworn  to  the  faithful  perform- 
ance of  his  duties  and  who  shall  keep  a  record  of  the 
meetings  and  proceedings  of  said  board  ;  and  may  appoint, 
but  not  from  their  own  number,  such  superintendents  and 
agents  as  the  city  council  shall  ])y  ordinance  from  time  to 
time  authorize  or  prescribe  ;  said  board  may  at  any  time 
remove  such  clerk,  superintendents  and  agents  for  such 
cause  as  may  seem  to  said  board  suiEcient.     The  compen-  compensation, 

,.11,  -jiv  1  1  1        powers,  duties, 

sation  ot  such  clerk,  supermtendents  and  agents  may  l)e  etc. 
fixed  by  the  city  council.  The  city  council  may  at  any 
time  remove  any  member  of  said  board  of  pul)lic  works 
for  such  cause  as  it  may  deem  suifieient,  and  may  by  con- 
current ballot  till  any  vacancy  that  may  occur  in  said 
board  for  the  unexpired  term.  The  compensation  of  said 
board  shall  be  fixed  by  the  city  council.  Said  board  shall 
have  the  direction,  control,  care  and  superintendence  of 
the  construction,  alteration  and  repair  of  the  highw^ays, 
streets,  sidewalks,  common  sewers,  main  drains  and 
bridges  of  the  city ;  the  care,  superintendence  and  control 
of  street  lights  and  of  the  location  of  such  lights,  unless 
the  same  shall  by  ordinance  be  entrusted  to  some  other 
board  or  committee ;  the  direction  and  control  of  the  ex- 
tensions, improvements  and  maintenance  of  the  water 
works  and  their  appurtenances,  the  supervision  of  the  col- 
lection of  water  rates  and  the  determination  of  the  same, 
under  such  schedule  of  rates  and  regulations  as  the  city 
council  may  from  time  to  time  by  ordinance  adopt ;  they 
shall  have  all  the  authority  given  by  general  law  to  select- 
men of  towns  relating  to  shade  and  ornamental  trees  in 
public  streets  and  ways,  unless  such  authority  shall  by 
ordinance  be  given  to  some  other  board  or  committee. 
Said  board  shall  in  general,  except  as  otherwise  herein  To  have  powers, 
provided,  have  exclusively  the  powers  and  be  subject  to  commissioners. 
the  duties,  liabilities  and  penalties  which  are  or  may  by 
law  be  given  to  or  imposed  upon  road  commissioners  of 
towns.  They  shall  perform  such  other  duties  not  incon- 
sistent with  their  office  as  the  city  council  may  direct. 


322  Acts,  1895.  — Chap.  302. 

^on8t™cuon,         Section  29.     Said  hoard  of  public  works  shall  have 
waike.  authority  to  determine  the  width  and  material,  including 

the  cur])stone,  of  all  sidewalks  on  the  pul)lic  streets  and 
ways  of  said  city,  havinir  due  reference  to  the  established 
grades  of  said  streets  and  ways ;  and  to  construct,  recon- 
struct and  repair  such  sidewalks,  in  accordance  with  such 
determination.     Upon  the  completion  of  any  sidewalk  by 
said  board,  or  upon  the  completion  of  the  reconstruction 
or  repair  of  any  sidewalk,  said  board  shall  ascertain,  de- 
termine and  certify  the  whole  expense  of  such  making, 
reconstruction  or  repair,  and  shall  cause  a  record  thereof 
to  be  made  and  deposited  with  the  city  clerk,  and  shall 
assess   one  half  the  amount  of  the  same  upon  all  lands 
especially  benefited   by  such    making,   reconstruction  or 
repair,  whether  such  lands  aliut  upon  such  sidewalks  or 
Damages.         not.     They  shall  have  the  authority  given  by  law  to  the 
selectmen  or  road  commissioners  of  towns  to  adjudicate 
upon  the  question  of  damages  sustained  by  an  owner  of 
land  adjoining  such  sidewalk,  by  reason  of  the  construc- 
tion, reconstruction  or  repair  thereof. 
^n8tumra^iie°n      Section  30.     All  asscssments  so  made  by  said  board 
on  real  estate,     shall  coustitutc  a  licu  on  the  real  estate  assessed,  for  two 
years  from  the  time  of  the  assessment,  and  for  one  year 
after  the  final  determination  of  any  suit  or  proceeding  in 
which  the  amount  or  validity  of  such  assessment  shall  be 
drawn  in  question.     Every  such  assessment  made  by  said 
board  shall  be  recorded  in  books  to  be  ke])t  for  that  pur- 
pose, and  a  list  thereof  shall  he  committed  by  said  board 
for  collection  to  the  collector  of  taxes  in  said  city.     Said 
collector    shall    forthwith    puljlish    said    list    for    three 
successive  weeks  in  some  newspaper  published   in   said 
city,  and  shall,  on  or  l)eforethe  day  of  the  last  publication 
thereof,  demand  payment  of  the  same  of  the  owner  or 
occu})ant  of  the  land  assessed,  if  known  to  him  and  within 
his  precinct.     If  any  such  assessment  shall  not  be  paid 
within  three  months  from  the  last  pulilication  of  said  list 
he  shall  levy  the  same,  with  incidental  costs  and  expenses, 
by  sale  of  the  land,  such  sales  to  be  conducted  in  the  same 
manner  as  sales  of  land  for  non-payment  of  taxes ;  and  in 
making  such  sales  said  collector,  and  said  city  and  its 
officers,  shall  have  all  the  powers  and  privileges  conferred 
by  the  general  laws  of  the  Commonwealth  upon  collectors 
of  taxes,    and  upon  cities  and  towns  and  their   officers, 
relating  to  sales  of  land  for  the  non-payment  of  taxes. 


etc. 


Acts,  1895.  — Chap.  302.  323 

Section  31.     Every  assessment  made  by  said  board  i^^a^fl™*;"'* 
which  is  invalid  by  reason  of  any  error  or  irregularity  in  '■eason  of  error, 
the  assessment,  and  which  has  not  been  paid,  or  which  lea's'sessed. 
has  been  recovered  back,   or  which   has    been    enforced 
by  an  invalid  sale,  may  be  reassessed  by  said  board  of 
public  works  for  the  time  being,  to  the  just  amount  for 
which  and  upon  the  estate  upon  which  such  assessment 
ought  at  first  to  have  been  assessed ;  and  the  assessments 
thus  reassessed  shall  be  payable,  and  shall  be  collected  and 
enforced,  in  the  same  manner  as  other  assessments. 

Section  32.     Said  board  of  public  works  shall  have  May  construct 
authority  to  lay,  make,  construct,  reconstruct  and  maintain    "*'°^'  *''^' 
such  drains  as  may  be  necessary  for  the  care  and  disposal 
of  surface  or  ground  water  accumulating  in  the  streets, 
and  to  lay  such  drains  through  any  street  or  private  lands  ; 
and  said  city  shall  pay  the  owners  of  such  lands  such  dam-  Damages. 
ages  as  they  may  sustain  by  the  laying  or  relaying  of  said 
drains ;  and  any  person  or  corporation  sustaining  damages 
as  aforesaid,  who  fails  to  agree  with  said  board  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  highwa}"s. 

Section  33.     On  and  after  the  first  Monday  of  May  in  Powers  and 
the  year  eighteen  hundred  and   ninety-five   the   present  EMsllonerro™' 
board  of  commissioners  of  sewers  of  said  city,  provided  in'board°or^'^ 
for  by  chapter  three  hundred  and  fifty-seven  of  the  acts  of  putuc  works, 
the  year  eighteen  hundred  and  ninety,  shall  cease  to  exist, 
and  from  and  after  said  date  said  board  of  public  works 
shall  have  all  the  powers  and  be  subject  to  all  the  duties 
which  are  given  to  and  imposed  upon  said  commissioners 
of  sewers  by  the  provisions  of  said  act  and  by  the  provi- 
sions of  chapter  three  hundred  and  thirty  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three ;  and  all  the 
plans,  records  and  documents  of  said  commissioners  may 
thereafter  be  kept  in  the  ofiice  of  said  board  of  public 
works. 

Section  34.  The  school  committee  shall  consist  of  mmee^  e?^tion, 
the  mayor,  ex  officio,  who  shall  be  chairman  of  the  board,  term,  etc. 
and  fourteen  other  persons,  inhabitants  of  said  city,  of 
whom  two  shall  be  elected  by  ballot  from  each  ward  by 
the  cjualified  voters  in  said  ward.  The  present  members 
of  the  school  committee  of  said  city  shall  continue  to  hold 
office  for  the  terms  for  which  they  were  severally  elected, 
and  at  each  municipal  election  hereafter  held  there  shall 


321 


Acts,  1895.  — Chap.  302. 


Vacancj-,  etc 


Secretary, 
superintendent 
of  schools,  etc. 


Certain  officers 
to  be  CMlitied  to 
eeats  with  board 
of  aldermen 
and  coinraon 
council,  etc. 


Officers  to  give 
certain  informa- 
tion upon  re- 
quest. 


Appropriationa 
and  expendi- 
iures. 


be  chosen  members  to  hold  the  ofBce  for  the  term  of  three 
years,  as  successors  of  and  from  the  same  wards  as  those 
whose  term  of  office  expires  at  the  expiration  of  the  then 
municipal  year.  Any  vacancy  occurrinir  in  said  committee 
may  be  lilled  by  ballot  for  the  remainder  of  the  municipal 
year  Iw  the  joint  ballot  of  the  city  council  and  school 
committee  in  convention ;  and  for  the  unexpired  term 
thereafter  sliall  be  tilled  at  the  first  municipal  election 
after  such  vacancy  occurs.  The  members  of  the  connnittee 
.shall  serve  without  compensation.  Said  committee  shall 
annually  elect  one  of  their  number  as  chairman,  to  serve 
in  the  absence  of  the  mayor.  Said  committee  shall  an- 
nually a})point  one  of  their  number  to  attend  the  meetings 
of  the  board  of  aldermen  and  common  council  for  the 
purpose  hereinafter  mentioned,  and  said  committee  shall 
annually  appoint  a  secretary,  one  of  their  number,  who 
shall  be  under  their  direction  and  control.  They  shall 
annually  appoint,  Imt  not  of  their  own  number,  a  superin- 
tendent of  schools.  The  committee  shall  fix  the  salaries 
of  such  secretary  and  superintendent  and  may  remove 
them  for  sufficient  cause. 

Section  35.  The  chairman  of  the  board  of  overseers 
of  the  poor,  of  the  l)()ard  of  public  works,  and  the  member 
of  the  school  committee  ap})()inted  for  that  pur})ose  shall, 
respectively,  be  entitled  to  seats  with  the  board  of  alder- 
men and  common  council,  and  shall  have  the  right  to 
discuss  all  matters  relating  to  tlieir  respective  departments 
of  city  atlairs,  l)iit  without  the  right  to  vote ;  they  shall 
be  notified  in  the  same  manner  as  members  of  the  two 
boards,  of  all  special  meetings  of  said  l)oards.  Every 
officer  of  the  city,  except  the  mayor,  shall  at  the  request 
of  the  board  of  aldermen  or  common  council  appear 
before  them  and  give  such  information  as  they  may 
require,  and  answer  such  questions  as  may  be  asked  in 
relation  to  any  matter,  act  or  thing  connected  with  his 
office  or  the  discharge  of  the  duties  thereof. 

Section  3G.  No  sum  appropriated  for  a  specific  pur- 
pose shall  be  expended  for  any  other  purpose,  and  no 
expenditure  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 
liability,  together  with  all  ])ri(n'  liabilities  which  are  pay- 
a])le  therefrom,  except  that  after  the  expiration  of  the 
financial  year  and  before  the  making  of  the  regular  annual 


Acts,  1895.=- Chap.  302.  325 

appropriations  liabilities  payable  out  of  a  regular  appro- 
priation 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  37.     All  general  laws  in  force  in  the  city  of  certain  i.ws  to 

^  •111  c  coutmue  in 

Pittstield,  and  all  special  laws  heretofore  passed  with  force. 
reference  to  said  city  and  to  the  town  of  Pittstield  and  in 
force  in  said  city  at  the  time  of  the  passage  of  this  act 
shall,  until  altered,  amended  or  repealed,  continue  in 
force  in  the  city  of  Pittsfield,  so  far  as  the  same  are  not 
inconsistent  herewith. 

Section  38.     All  special  laws  heretofore  passed   con- certain  special 
cerning  the  fire  district  in  the  town  of  Pittsfield  and  in  i^force?"" 
force  in  said  city  at  the  time  of  the  passage  of  this  act 
shall,  so  far  as  the  same  are  not  inconsistent  herewith,  be 
and  continue  in  force  in  the  city  of  Pittsfield  until  altered, 
amended  or  repealed. 

Section  39.     The  propert}^  formerly  belonging  to  the  certain  prop. 
fire  district  in  the  town  of  Pittsfield,  heretofore  vested  in  vestedYn  cuy"^^ 
said  city,  shall  continue  to  be  the  pro})erty  of  the  city  p°roperty"o^f cuy. 
of  Pittsfield,  and  said  city  shall  continue  to  assume  and 
discharge  the  former  powers,  privileges  and  duties  of  said 
fire  district,  and  shall  continue  liable  for  its  existing  debts 
and  legal  contracts :  provided,   that  the  said  fire  district  Proviso. 
shall,   as  to  its   creditors,    continue  liable  to  pay  all  its 
existing  debts  and  to  perform  all  its  legal  contracts. 

Section  40.     The  provisions  of  this  act  so  far  as  they  certain  provi- 
are  the  same  as  those  of  chapter  four  hundred  and  eleven  repealed. 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine 
shall  be  construed  as  a  continuance  of  the  provisions  of 
said  chapter,  and  the  provisions  of  said  chapter  not  con- 
tained herein,  and  chapter  two  hundred  and  seventeen  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one,  and 
all  acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed :  provided,  that  such  repeal  shall  not  revive  any  Proviso. 
act  heretofore  repealed,  nor  shall  such  repeal  afiect  any 
act   done,    liability   incurred,    or   any   right  accruing  or 
accrued,  or  any  penalty  or  forfeiture  incurred,  or  any  suit, 
proceeding  or  prosecution  pending  at  the  time  said  repeal 
takes  eflect.     All  persons  holdino-  office  in  said  city  shall,  certain  persons 

I  I  J  '   to  continue  in 

notwithstanding  the  passage  of  this  act,  continue  to  hold  oiuce. 
office,  unless  sooner  resigning  or  removed,  for  the  terms 
for  which  they  were  severally  elected,  except  as  otherwise 
provided  in  this  act. 


326 


Acts,  1895.  — Chap.  303. 


When  to  take 
effect. 


Sectiox  41.  This  act,  except  as  heroin  otherwise  pro- 
vided, shall  take  effect  ou  the  hrst  day  of  January  in  the 
year  eighteen  hundred  and  ninety-six. 

Ajyproved  April  24,  1895. 


CJmp,303 


Water  supply 
for  town  of 
Wenham. 


May  take  certain 
waters,  lands, 
etc. 


May  erect 
buildings,  lay 
down  pipes, 
etc. 


May  dig  up 
lands,  etc., 
under  direction 
of  selectmen. 


Proviso. 


Ax  Act  to  supply  the  town  of  weniiam  with  avater. 
Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.  The  town  of  Wenham  may  supply  itself 
and  its  inhabitants  with  water  for  the  extinguishing  of 
tires  and  for  domestic  and  other  })ur})Oses  ;  may  estaljlish 
fountains  and  hydrants  and  relocate  and  discontinue  the 
same  ;  and  may  regulate  the  use  of  such  water  and  tix  and 
collect  rates  to  be  paid  for  the  use  of  the  same. 

Section  2.  Said  town,  for  the  purposes  aforesaid  and 
for  the  purpose  of  obtaining  a  sui)ply  of  water,  may  draw 
and  convey  directly  from  Pleasant  pond,  situated  in  said 
town,  so  much  of  the  waters  thereof  and  the  waters  that 
flow  into  and  from  the  same  as  it  may  require  ;  and  it  may 
take  l)y  jiurchase  or  otherwise,  and  hold  any  water  rights 
connected  with  said  pond,  and  any  springs  and  streams 
tributary  thereto,  and  the  water  rights  connected  with  any 
of  said  sources,  and  also  all  lands,  rights  of  way  and  ease- 
ments necessary  for  holding  and  preserving  such  water 
and  for  conveying  the  same  to  any  part  of  said  town  ;  and 
may  erect  upon  the  land  thus  taken  or  held  proper  dams, 
reseiwoirs,  buildings,  fixtures  or  other  structures,  and  may 
make  excavations,  procure  and  operate  machinery  and  pro- 
vide such  other  means  and  appliances  as  maybe  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  lands, 
water  courses,  railroads,  public  or  private  ways,  and  along 
any  such  ways  in  such  manner  as  when  completed  not 
unnecessarily  to  obstruct  the  same ;  and  for  tlie  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of 
this  act,  said  town  may  dig  up,  raise  and  embank  any 
such  lands  or  ways,  under  the  direction  of  the  l)oard  of 
selectmen  of  the  town  in  wliicli  such  ways  are  situated, 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways :  provided,  hovever,  that  there  shall 
be  reserved  from  said  waters  sufficient  for  the  town  of 
Hamilton  to  supply  itself  and  its  inhabitants  with  water 


Acts,  1895.  — Chap.  303.  327 

for  the  extinguishment  of  fires  and  for  domestic  and  other 
purposes,  whenever  the  legislature  shall  grant  to  said  town 
the  right  to  take  water  from  said  pond. 

Section  3.  Said  town  shall  within  ninety  days  after  Description  of 
the  taking  of  any  lauds,  rights  of  way,  water  rights,  be° recorded ." 
water  sources  or  easements  as  aforesaid,  other  than  by 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  where  the  same  are  sit- 
uated a  description  thereof  sufficiently  accurate  for  identifi- 
cation, with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  the  water  commissioners  here- 
inafter 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  cor- 
poration entitled  to  damages  as  aforesaid  under  this  act, 
who  fails  to  agree  "svith  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,  l\y  making  applica- 
tion at  any  time  within  a  period  of  three  years  from  the 
taking  of  such  land  or  other  property  or  the  doing  of  any 
other  injury  under  the  authority  of  this  act ;  but  no  such 
application  shall  be  made  after  the  expiration  of  said  three 
years.  No  application  or  assessment  shall  be  made  for 
the  taking  of  any  water,  water  rights  or  for  any  injury 
thereto  until  the  water  is  actually  withdrawn  or  diverted 
by  said  town  under  the  authority  of  this  act. 

Section  5.     Said  town  mav,  for  the  purpose  of  paying  S^enham 

1     '  1    t'i  M-j-  .1  1     ^1       Water  Loan. 

the  necessary  expenses  and  liabilities  incurred  under  tne 
provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  in  the  aggre- 
gate thirty  thousand  dollars.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  fiice  the  words,  Wenham  Water  Loan, 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  date  of  issue  and  shall  bear  interest 
payable  semi-annually  at  a  rate  not  exceeding  five  per  cent, 
per  annum,  and  shall  be  signed  by  the  treasurer  of  the 
town  and  be  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  Said  town  may  sell  such  securi- 
ties at  public  or  private  sale  or  pledge  the  same  for  money 
borrowed  for  the  purposes  of  this  act.     Said  town,  unless  sinking  fund. 


328 


Acts,  1895.  — Chap.  303. 


May  provide 
for  annual 
payments  on 
loan. 


Return  to  state 
amount  of  sink- 
ing fund,  etc. 


Payment  of 
expenses. 


Penalty  for 
corruption  of 
■water,  etc. 


it  avails  itself  of  tlic  provisions  of  section  six,  shall  pro- 
vide at  the  time  of  contractinij  said  loan  for  the  estal)- 
lishment  of  a  sinking  fund,  and  shall  annually  contriliute 
to  such  fund  a  sum  sufficient  with  the  accumulations 
thereof  to  pay  the  princi})al  of  said  loan  at  maturity. 
Said  sinkinir  fund  shall  remain  inviolate  and  pledged  to 
the  payment  of  said  loan  and  shall  be  used  for  no  other 
purpose, 

Sectiox  6.  Said  town  instead  of  establishing  a  sink- 
ing fund  may  at  the  time  of  authorizing  said  loan  provide 
for  the  payment  thereof  in  annual  payments  of  such 
amounts  as  will  in  the  aggregate  extinguish  the  same 
within  the  time  prescribed  in  this  act ;  and  when  such  vote 
has  been  passed  the  amount  required  shall  without  fui-ther 
notice  be  assessed  by  the  assessors  of  said  town  in  each 
year  thereafter  until  the  debt  incurred  ])y  said  town  shall 
be  extinguished,  in  the  same  manner  as  other  taxes  arc 
assessed  under  the  provisions  of  section  thirtj'-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  7.  The  return  required  by  section  ninety-one 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the 
amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  section 
and  the  amount  raised  and  applied  thereunder  for  the 
current  year. 

Sectiox  8.  Said  town  shall  raise  annually  by  taxation 
a  sum  which  with  the  income  derived  from  the  water  rates 
will  be  sufficient  to  pay  the  current  annual  expenses  of 
operating  its  water  works  and  the  interest  as  it  accrues  on 
the  bonds,  notes  and  scrip  issued  as  aforesaid  by  said 
town,  and  to  make  such  contributions  to  the  .sinking  fund 
and  payments  on  the  principal  as  may  l^e  required  under 
the  provisions  of  this  act. 

Sectiox  9.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority  and 
for  the  purposes  of  this  act,  shall  forfeit  and  pay  to  said 
town  three  times  the  amoinit  of  the  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  ujion 
conviction  of  either  of  the  above  wilful  or  wanton  acts 
shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 


Acts,  1895.  — Chap.  304.  329 

Section  10.  Said  town  shall,  after  the  acceptance  of  ^^'^'ggsoners, 
this  act,  at  a  legal  town  meeting  called  for  the  purpose  election,  terms', 
elect  by  ballot  three  persons  to  hold  office,  one  until  the 
expiration  of  three  years,  one  until  the  expiration  of 
two  years  and  one  until  the  expiration  of  one  year 
from  the  next  succeeding  annual  town  meeting,  to  con- 
stitute 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  regula- 
tions as  said  town  may  impose  by  its  vote.  Said  com- to  be  trustees 
missioners  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  the  sinking  fund. 
Any  vacancy  occurring  in  said  board  from  any  cause  may 
be  filled  for  the  unexpired  tenn  by  said  town  at  any  legal 
town  meeting  held  for  the  purpose. 

Section  11.  This  act  shall  take  effect  upon  its  accept-  ^g^"*'"^''® 
ance  by  a  two  thirds  vote  of  the  voters  of  the  town  of 
Wenham  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  purpose  within  five  years  from  its 
passage  ;  but  the  number  of  meetings  so  called  in  any  one 
3^ear  shall  not  exceed  three.         Approved  April  24,  1895. 


Chap.304: 


An  Act  to  authokize  the  town  of  milton  to  construct  one 

OR  MORE  systems   OF   SEWERA.GE. 

Be  it  enacted^  etc.,  asfolloios: 

Section  1.     The  town  of  Milton  shall  elect  by  ballot  a  Board  of  sewer 
board  of  sewer  commissioners  to  consist  of  three  persons,  eiTctionrteJms', 
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  three  years  respectively  from  the  date  of 
the  annual  meeting  next  preceding  their  election,  and  in 
either  case  until  their  successors  are  chosen ;  and  at  each 
annual  town  meeting  thereafter  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  vacancy 


330 


Acts,  1895.  — Chap.  304. 


Powers,  duties, 
liabilitiee,  etc. 


May  coDfitrucl, 
etc.,  systems  of 
sewerage,  etc. 


May  connect 
with  certain 
other  systems- 


May  extend 
sewers  across 
Neponset  river, 
etc. 


board  said  town  may  at  any  meeting  called  for  the  pur- 
pose elect  a  person  to  till  suid  vacancy.  The  said  board 
shall  have,  execute  and  perlbrni  all  the  rights,  })owers, 
duties  and  privileges  hereby  granted  or  prescribed,  and 
shall  have  all  the  powers  and  be  subject  to  all  the  duties, 
liabilities  and  penalties  which  are  conferred  or  imposed 
upon  sewer  commissioners  ])y  tjie  provisions  of  chapter 
four  hundred  and  twenty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three,  so  far  as  the  pro- 
visions thereof  are  not  inconsistent  with  the  provisions  of 
this  act. 

kSectiox  2.  The  town  of  Milton  may  from  time  to 
time,  by  such  board  of  sewer  commissioners,  lay  out, 
construct  and  maintain  one  or  more  systems  of  main 
drains  and  of  sewerage  and  sewage  disposal  for  said  town ; 
and  may,  by  such  board,  take  by  purchase  or  otherwise 
an^'  lauds,  water  rights,  water  courses,  rights  of  way  or 
easements  in  the  town  of  jMilton  deemed  by  said  board 
necessary  for  the  establishment  of  such  systems  of  drains, 
sewerage  and  sewage  disposal  and  for  connections  there- 
with, and  for  main  drains  and  common  sewers,  if  any,  not 
included  in  such  system  or  systems.  And  said  board  of 
sewer  commissioners  may  connect  all  or  any  of  said 
systems  of  sewerage  and  all  or  any  of  said  sewers  with 
the  sewers  or  sewerage  system  or  systems  of  the  city  of 
Boston,  of  the  town  of  Hyde  Park,  or  of  the  metropolitan 
sewerage  district,  for  the  purpose  of  disposing  of  sewage 
through  the  same,  subject  to  the  direction  and  control  of 
the  officers  in  charge  of  such  sewer  system  in  the  respec- 
tive city,  town  or  district,  and  to  such  terms,  conditions 
and  regulations  as  they  respectively  may  prescribe,  and 
may  make  contracts  a\  ith  said  city,  town  or  district  for 
that  purpose.  Said  board  of  sewer  commissioners  is  also 
authorized  to  connect  the  sewerage  system  or  systems  of 
said  town  with  those  of  the  city  of  Quincy  for  the  purpose 
of  disposing  of  sewage  through  the  same,  pursuant  to  any 
contract  Mhich  may  be  made  under  an  act  of  the  current 
year  authorizing  the  city  of  Quincy  to  establish  a  system 
of  sewerage. 

Section  3.  For  the  purpose  of  connecting  said  systems 
of  sewerage  or  sewers  of  the  town  of  ]Milton  with  either 
of  the  systems  above-specitied  said  board  of  sewer  com- 
missioners may  extend  sewers  across  the  Neponset  river 
at  or  near  Adams  street,  and  at  such  places  on  said  river 


Acts,  1895.  —  Chap.  301.  331 

above  Adams  street  as  said  board  may  deem  advisable,  by 
conduits,  pipes,  tunnels  or  siphons  over,  through  or 
under  said  river ;  and  at  or  near  Granite  avenue  and  at 
such  places  between  Granite  avenue  and  Adams  street  as 
said  l)oard  may  deem  advisable,  by  conduits,  pipes,  tun- 
nels or  siphons  beneath  the  stream  of  said  river ;  and  said 
board,  for  the  purposes  aforesaid,  may  temporarily  locate 
and  maintain  the  necessary  works  and  machinery  in  said 
river,  and  may  lay  said  sewers  in  any  street  or  way  in  the 
city  of  Boston,  and  may  take  any  land,  riohts  of  way  or 
easements  in  the  city  of  Boston,  so  far  as  necessary  to 
make  such  connections. 

Section  4.     Said  town  of  Milton  shall,  in  respect  to  To  be  subject  to 
all  work  and  structures  in  tide  water  below  high  water  p'^Ti'g^etc. 
mark,  be  subject  to  the  provisions  of  chapter  nineteen  of 
the  Public  Statutes  and  of  all  acts  in  amendment  thereof, 
so  far  as  the  same  are  applicable  to  the  subject-matter  of 
this  act. 

Sectiox  5.      Said  town  of  Milton  may,  for  the  pur-  May  divert 

/.,,   .  ,1  •11  !/•  ••  Btreams,  carry 

poses  01  this  act,  by  said  board  oi  sewer  commissioners,  pipes  under 
divert  streams  and  water  courses,  and  carry  its  drains,  ^^'^^^^^>  ^^'^• 
sewers,  pipes  and  conduits  under  any  street,  railroad, 
roadway,  boulevard,  highway  or  other  way,  in  such  a 
manner  as  not  to  uniiecessaril}^  obstruct  the  same,  enter 
upon  and  dig  up  any  private  land,  street  or  way  for  the 
purpose  of  laying  such  sewers  beneath  the  surface  thereof 
and  of  maintaining  and  repairing  the  same,  and  do  any 
other  thing  necessary  and  proper  for  said  purposes. 

Section  6.     Said  town  when  it  takes  any  land,  water  Description  of 

•     1   ,  ,  •     \  J  ly  1.  i.1  land,  etc.,  to  be 

rights,  water  courses,  rights  oi  way  or  easements  or  other  recorded. 
real  estate  under  the  authority  of  this  act,  in  any  manner 
other  than  by  purchase,  shall,  within  sixty  days  of  said 
taking,  cause  to  be  recorded  in  the  registry  of  deeds  for 
the  county  in  which  the  same  are  situated  a  description 
of  the  same  as  certain  as  is  required  in  a  common  convey- 
ance of  land,  with  a  statement  that  the  same  are  taken 
under  the  authority  of  this  act,  signed  by  said  sewer  com- 
missioners ;  and  upon  such  recording  the  title  in  fee  of  the 
lands,  water  rights,  water  courses,  rights,  easements  and 
other  real  estate  so  described  shall  vest  in  said  town  of 
Milton. 

Section  7.     Said  town  of  ]\lilton  shall  pay  all  damages  Damages, 
sustained  l)y  any  person  in  his  property  by  reason  of  such 
taking,  and  if  such  person  and  said  board  of  sewer  com- 


332 


Acts,  1895.  — Chap.  304. 


Town  may  offer 
a  specified  sum, 


Apportionment 
of  cofit,  etc. 


Proviso. 


missionors  fail  to  agree  as  to  the  ainoiint  of  damages 
sustained  such  damages  shall  be  assessed  and  determined 
by  a  jury  of  the  superior  court,  in  the  manner  provided 
by  law  when  land  is  taken  for  the  laying  out  of  highways, 
on  petition  therefor  by  such  person  or  board,  filed  in  the 
office  of  the  clerk  of  said  court  for  the  county  in  which 
the  property  taken  or  damaged  is  situated,  at  any  time 
within  the  period  of  two  years  from  the  taking  of  such 
land  or  other  property. 

Section  8.  Said  town,  in  every  case  of  a  petition  for 
a  jury  as  aforesaid,  may  offer  in  court  and  consent  in 
writing  that  a  sum  therein  specified  may  be  awarded  as 
damages  to  the  complainant,  and  if  the  complainant  shall 
not  accept  the  sum  so  offered  within  ten  days  after  he  has 
received  notice  of  the  offer,  and  shall  not  finally  recover 
a  greater  sum  than  the  sum  so  ofi'erod,  not  including 
interest,  the  said  town  shall  be  entitled  to  recover  its 
costs  after  the  date  of  said  ofier,  and  the  complainant  if 
he  recovers  damages  shall  be  allowed  his  costs  onh-  to  the 
date  of  said  offer. 

Section  9.  Said  board  of  sewer  commissioners  shall 
determine  what  proportion  of  the  cost  of  said  systems  of 
main  drains  and  of  sewerage  said  town  of  Milton  shall 
pay,  provided  that  it  shall  not  pay  less  than  one  quarter 
nor  more  than  two  thirds  of  the  whole  cost.  The  remain- 
ing cost  of  each  of  said  systems  shall  be  borne  by  the 
owners  of  estates  situated  within  the  territory  embraced 
by  it  and  benefited  thereby.  The  owners  of  such  estates 
shall  be  assessed  by  said  commissioners  their  pro})ortional 
parts  respectively  of  such  portion  of  the  total  cost  of  the 
system  as  is  not  borne  by  the  town  as  above-provided ; 
such  proportional  parts  to  be  based  upon  the  estimated 
average  cost  of  all  the  sewers  composing  such  system. 
And  every  such  owner  shall,  within  three  months  after 
written  notice  of  such  assessment  served  on  him  or  sent 
by  mail  to  the  last  address  of  said  owner  known  to  said 
commissioners,  pay  the  sum  so  assessed  to  the  treasurer  : 
provided,  that  said  board  shall,  on  the  written  request  of 
any  such  owner,  made  within  said  three  months,  apportion 
such  assessment  into  three  ecjual  parts  and  certify  such 
apportionment  to  the  assessors ;  and  the  provisions  of 
section  twenty-five  of  chapter  fifty  of  the  Public  Statutes, 
so  far  as  applicable,  shall  without  special  acceptance  by 
said  town  apply  to  such  assessment  so  apportioned. 


Acts,  1895.  — Chap.  304.  333 

Section  10.  An  assessment  made  under  section  nine  Assessment  to 
shall  constitute  a  lien  upon  the  estate,  which  shall  continue  upon'estate.'^^" 
for  two  years  after  it  is  made  and  notice  served  as  above- 
provided,  or,  in  case  of  apportionment,  until  the  expira- 
tion of  two  years  from  the  time  the  last  instalment  is 
committed  to  the  collector ;  and  said  assessment,  together 
with  interest  at  the  rate  of  six  per  cent,  per  annum,  may 
with  incidental  costs  and  expenses  be  levied  by  sale  of 
such  estate  or  so  much  thereof  as  shall  be  sufficient  to  dis- 
charge the  assessment  and  intervening  charges,  if  the 
assessment  is  not  paid  within  three  months  after  the 
service  of  said  notice,  or  if  apportioned,  within  three 
months  after  any  part  has  become  due.  Such  sale  and  all 
proceedings  connected  therewith  shall  be  conducted  in  the 
same  manner  as  sales  for  the  non-payment  of  taxes ;  and 
real  estate  so  sold  may  be  redeemed  the  same  as  if  sold 
for  non-payment  of  taxes  and  in  the  same  manner. 

Section  11.  Any  person  aggrieved  by  such  assess-  Persons 
ment  may,  at  any  time  within  three  months  after  service  ap|^y  for^'jufy. 
of  the  notice  mentioned  in  section  nine  of  this  act,  apply 
to  the  superior  court  of  the  county  of  Norfolk  for  a  jury 
to  revise  the  same,  but  before  maldng  such  application  he 
shall  give  fourteen  days'  notice  in  writing  of  his  intention 
so  to  do,  to  the  commissioners,  and  shall  therein  par- 
ticularly specify  his  objection  to  the  assessment ;  to  which 
specification  he  shall  be  confined  before  the  jury. 

Section  12.     All  the  provisions  of  chapter  fifty  of  the  p.  s.so.etc, 
Public  Statutes  and  of  all  acts  in  amendment  thereof  or  *°  ^^^  ^' 
in  addition  thereto  relating  to  sewers  and  drains,  so  far  as 
applicable  and  not  inconsistent  with  this  act,  shall  apply  to 
the  town  of  Milton  in  carrying  out  the  provisions  of  this  act. 

Section  13.  Said  town  of  Milton,  to  carry  out  the  ^iiton 
provisions  of  this  act,  is  hereby  authorized  to  issue  from  Act  of  isgs. 
time  to  time  bonds,  notes,  scrip  or  other  certificates  of 
indebtedness  to  an  amount  not  exceeding  in  the  aggregate 
one  hundred  thousand  dollars,  to  be  denominated  on  the 
face  thereof,  Milton  Sewerage  Loan,  Act  of  1805,  bear- 
ing interest  at  a  rate  not  exceeding  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 
issuing  such  bonds,  notes,  scrip  or  certificates  respectively. 
Said  town  may  sell  said  bonds,  notes,  scrip  or  certificates, 
or  any  part  thereof,  at  public  or  private  sale,  provided  the 
same  shall  not  be  sold  for  less  than  the  par  value  thereof. 


334 


Acts,  1895.  — Chap.  305. 


Payment  of 
loaua. 


Bonds,  etc.,  to 
be  signed  by 
treasurer  and 
countersigned 
by  selectmen. 


When  to  take 
effect,  etc. 


Chap.301 


May  expend 
$500,000  in 
addition  to  all 
sums  hitherto 
authorized  lo 
be  expended. 


Sectiox  14.  Said  bonds,  notes,  scrip  or  certificates 
shall  be  so  issued  that  a  proportionate  part  of  the  principal 
shall  become  payable  annuallj"  until  the  whole  debt  i.>^  ex- 
tinp;uislied.  Said  town  shall  at  the  time  of  authorizing 
said  loans  provide  for  the  payment  thereof  in  such  annual 
payments  as  will  extinguish  the  same  within  the  time 
prescribed  in  this  act ;  and  when  such  proportionate 
amount  to  be  paid  each  year  shall  l)e  so  fixed  by  vote  of 
the  town  the  amount  required  thcrel)y  shall  w  ithout  further 
vote  l)e  assessed  by  the  assessors  of  said  town  in  each  jcar 
thereafter  until  the  debt  incurred  by  the  town  for  sewer 
purposes  shall  be  extinguished,  in  the  same  manner  as 
other  taxes  are  assessed  under  the  provisions  of  section 
thirty-four  of  chapter  eleven  of  the  Public  Statutes. 

Sectiox  15.  Whenever  the  treasurer  has  occasion  to 
issue  bonds,  notes,  scrip  or  certificates  for  the  purjiose 
mentioned  in  section  thirteen,  he  shall  state  in  detail,  in 
writing,  to  the  selectmen,  the  number  of  bonds,  interest 
warrants  or  other  obligations  he  has  occasion  to  issue  ; 
and  thereupon  the  selectmen  shall  countersign  as  many  of 
said  bonds,  interest  warrants  or  other  obligations  as  shall 
be  necessary  for  the  purpose  indicated  in  said  writing. 
Ko  bonds  or  other  such  obligations  shall  be  valid  until 
signed  by  the  treasurer  of  the  town  and  countersigned  by 
the  selectmen  or  a  majority  thereof. 

Section  16.  This  act  shall  take  effect  upon  its  pas- 
sage ;  l)ut  no  expenditure  shall  be  made  and  no  liability 
incurred  under  the  same,  except  for  preliminary  surveys 
and  estimates,  unless  this  act  shall  first  be  accepted  by 
vote  of  two  thirds  of  the  legal  voters  of  said  town  oi" 
Milton  present  and  voting  thereon  at  a  legal  meeting  called 
for  that  purpose  within  one  year  from  the  date  of  its  i)as- 
sage.  And  said  town  may  elect  said  board  of  sewer 
commissioners,  as  provided  in  section  one,  at  the  same 
meeting  at  which  it  accepts  this  act. 

Approved  April  24,  IS 95. 

)  An  Act  relatfve  to  the  taking,  by  the  metropolitan  park 
commission,  of  revere  beach,   so-called,   in   the   town   <>k 

REVERE. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  metropolitan  ])ark  commission,  created 
by  chapter  four  hundred  and  seven  of  the  acts  of  the  3'ear 
eisrhteen  hundred  and  ninety-three,   for  the   purpose  of 


Acts,  1895.  — Chap.  305.  335 

carrying  out  the  provisions  of  said  act  and  of  any  acts 
in  amendment  thereof  or  in  addition  thereto,  including 
chapter  four  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  may  exjiend  the 
further  sum  of  five  hundred  thousand  dollars,  in  addition 
to  all  sums  hitherto  authorized  to  be  expended  by  it :  and  '^^  i^^vs  ^''"p 

*  or  cGi'tinctit&s  of 

to  meet  any  expenditure  under  the  authority  of  this  act  indebtedness, 
the  treasurer  and  receiver  general  shall  issue  a  correspond- 
ing amount  of  scrip  or  certificates  of  indebtedness  as  an 
addition  to  the  metropolitan  parks  loan,  and  establish  a 
sinking  fund  to  provide  for  the  same ;  said  scrip  or  cer- 
tificates of  indebtedness  to  be  issued  and  said  sinking  fund 
to  be  established,  assessed  and  collected  in  accordance  with 
the  provisions  of  sections  nine,  ten,  eleven  and  twelve  of 
said  chapter  four  hundred  and  seven. 

Section  2.     If  any  portion  of  its  present  location  and  Boston,  Revere 

...,,,  1      ^  .  Beach  and  Lynn 

property  is  taken   by  the  metropolitan  park  commission  Railroad  Com. 
under  the  provisions  of  chapter  four  hundred  and  eighty-  ponw™Tf  I'od 
three    of    the    acts    of    the    year   eighteen   hundrecT  and  Bosto^i'and^ 
ninety-four  the  Boston,  Keve're  Beach  and  Lynn  Eailroad  ^^*°®  Railroad. 
Company,  authorized  by  section  five  of  said  act  to  take  a 
new  location  within  the  town  of  Revere,  is  hereby  further 
authorized  and  empowered,  for  the  purpose  of  carrying 
out  the  provisions  of  said  act  and  all  acts  in  amendment 
thereof  and  in  addition  thereto,  to  take  and  acquire  any 
portion  of  the  location  and  property  of  the  Boston  and 
Maine  Railroad  within  the  town  of  Revere,  and  to  con- 
struct, maintain  and  operate  a  new  line  of  railroad  thereon, 
in  accordance  with  the  provisions  of  section  five  of  said 
act :  provided,  however,  that  said  Boston,  Revere  Beach  Proviso. 
and  Lynn  Railroad  Company  shall  not  interfere  with  the 
operation  of  said  Boston  and  ]\Iaine  Railroad  during  the 
period  of  six  months  from  the  time  of  taking  or  acquiring 
any  portion  of  its  location  and  property  hereunder. 

Sectiox  3.     If  any  portion  of  the  location  and  property  Boston  and 
of  the  Boston  and  Maine  Railroad  is  taken  by  the  Boston,  maj-TaS'c'enafn 
Revere  Beach  and  Lynn  Railroad  Company   under  the  Ifew'ifnTo/"'" 
provisions  of  this  act,  or  under  any  provisions  of  law,  railroad,  etc. 
said  Boston  and  Maine  Railroad  is  hereby  authorized  and 
empowered,  in  accordance  with  the  provisions  of  chapter 
one  hundred  and  twelve  of  the  Public  Statutes  and  of  all 
general   laws  then  in  force  relating  to  the  fixing  of  the 
route  of  railroads,  the  laying  out  of  the  same  and  the 
taking  of  lands  and  payment  of  damages  therefor,  to  take 


336 


Acts,  1895.  — Chap.  306. 


Commonwealth 
to  compensate 
railroad  com- 
panies for 
damages,  etc. 


Assessment  of 

betterments, 

etc. 


and  acquire  a  new  location  and  necessary  land  and  rights 
in  land  Avithin  said  town  of  lievere,  and  not  a  part  of  the 
lands  taken  or  acquired  by  said  commission  as  an  open 
space,  and  also  to  construct,  maintain  and  operate  a  new 
line  of  railroad  outside  of  the  lands  taken  or  acquired  by 
said  Boston,  Revere  Beach  and  Lynn  llaih-oad  C'()m})any, 
in  place  of  the  portion  of  the  location  and  railroad  taken 
or  acquired  as  aforesaid. 

Section  4.  The  Commonwealth  shall  compensate  said 
railroad  companies  and  each  of  them  for  all  damages  sus- 
tained and  expenses  incurred  by  them  and  each  of  them  by 
reason  of  any  acts  done  under  the  authority  of  this  chap- 
ter or  of  chapter  four  hundred  and  eighty-three  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four ;  said  dam- 
ages and  expenses  to  be  determined  ])y  agreement  between 
said  parties  and  each  of  them,  and  said  i)oard,  and  in  case 
of  disagreement,  then  to  be  determined  by  a  commission 
of  three  disinterested  persons  to  be  appointed  by  a  justice 
of  the  supreme  judicial  court,  or  to  be  determined  bj^  a 
jury  in  the  superior  court  for  the  county  of  Sufiblk,  upon 
petition  of  any  interested  party. 

Section  5.  The  metropolitan  park  commission  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  reason  of  any  taking  by  said  com- 
mission under  any  provisions  of  law,  of  land  for  open 
spaces  for  exercise  and  recreation,  which  is  conferred  upon 
boards  of  park  commissioners  in  towns  and  cities  by  sec- 
tion seven  of  chapter  one  hundred  ami  fifty-four  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-two. 

Section  6.     TJiis  act  shall  take  etlect  upon  its  passage. 

Approved  April  24,  1895. 


THE     THEATUE   OWNERS'   MLTUAL    FIHE 


(7/l«?^.306  ^^  ^^^'^    '^^     INCORPORATE 

IXSU RANGE   COMPANY   OF   IJOSTON. 


The  Theatre 
Owners'  Mutual 
Fire  Insurance 
Company  of 
Boston  incor- 
porated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  John  B.  Schoeffel,  Peter  H.  Corr,  Nathan 
B.  Goodnow,  James  H.  Carney,  James  J.  Grace,  John 
W.  Stetson,  Francis  J.  McLaughlin,  Royal  B.  Sheldon, 
Thomas  AV.  Smith  and  Henry  W.  Savage,  are  hereby  made 
a  corporation  by  tlie  name  of  The  Theatre  Owners'  jNlutual 
Fire  Insurance  Company  of  Boston,  to  be  located  in  the 
city  of  Boston,  for  the  })urpose  of  insuring,  upon  the 


Acts,  1895.  — Chaps.  307,  308.  337 

mutual  principle,  against  loss  or  damage  by  fire,  theatres, 
playliou!ses,  concert  and  music  halls,  scenery,  costumes 
and  other  theatrical  property. 

Section  2.     Said  corporation  shall,   except  as  herein  to  be  subject 
otherwise  provided,  be  subject  to  the  provisions  of  all  gen-  vuiousTfTaw, 
eral  laws  relating  to  mutual  fire  insurance  companies  ;  and  ®^'^* 
shall  have  and  may  exercise  all  the  powers,  rights  and 
privileges,  and  shall  be  subject  to  all  the  duties,  liabilities 
and  restrictions  set  forth  in  the  general  laws  applicable  to 
mutual  tire  insurance  companies. 

Section  3.     Said  corporation  may  issue  policies  when-  when  policies 
ever  one  hundred  and  fifty  thousand  dollars  of  insurance,  ™^y'®^"^''' 
in  not  less  than  thirty  separate  risks  upon  property  located 
in  the  Commonwealth,  has  been  subscribed  for  and  entered 
upon  its  books. 

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

Approved  April  24,  1895. 

An  Act  relative   to   taxes   on  collateral   legacies   and  (^hf^j)  3()7 

SUCCESSIONS.  ^ 

Be  it  enacted,  etc.,  asfoHozos: 

Section  1 .  No  bequest  of  a  testator  w^hose  estate  is  certain  bequests 
subject  to  taxation  under  the  provisions  of  chapter  four  °o°a\as%Tc'?^^''' 
hundred  and  twenty-five  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  shall  be  subject  to  the  provisions 
of  said  chapter  unless  the  value  of  such  bequest  exceeds 
the  sum  of  five  hundred  dollars,  nor  shall  bequests  to 
towns  for  any  public  purpose  be  subject  to  a  tax  under 
the  provisions  of  said  chapter. 

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

Approved  April  25,  1895. 

An  Act  to  repeal  chapter  one  hundred  and  eighty-four  of  QJ^nrr)  SOS 

the  acts  of  the  year  eighteen  hundred  and  ninety-four,  * 

relatfv^e  to   poor   debtor  proceedings   before    inferior 

COURTS. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     Chapter  one  hundred  and  eighty-four  of  Jf^^-Jg^^' 
the  acts  of  the  year  eighteen  hundred  and  "ninety-four,  '^^''*''  ' 
relative  to  poor  debtor  proceedings  before  inferior  courts, 
is  hereby  repealed ;  but  such  repeal  shall  not  affect  any 
proceedings  pending  under  said  chapter. 

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

Approved  April  25,  1895. 


338 


Acts,  1895.  —  Chaps.  309,  310. 


Chap.^0^ 


May  organize 
a  corporation 
for  the  purpose 
of  trnnBiiiittiiig, 
etc.,  electricity. 


May  construct 
and  operate 
lines  iu  certain 
towns. 


May  engage  in 
electric  lighting 
business  outside 
the  Common- 
wealth, etc. 


To  be  subject 
to  certain 
general  laws. 


An  Act  to  ixcorpokate  the  iioosac  electric  poaver  company. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Walter  S.  Kclloy,  Alfred  DeScve,  Clinton 
Q.  Kichmond,  John  D.  Miller,  Mark  W.  I'ra}',  S.  Proctor 
Thayer,  Elmer  J.  Bullock  and  their  associates,  may  associate 
themselves  and  organize  a  corporation,  under  the  ])royisious 
of  chapter  one  hundred  and  six  of  the  l*ublic  Statutes  and 
acts  in  amendment  thereof  or  in  addition  thereto,  for  the 
purpose  of  owning,  generating,  storing,  transmitting  and 
selling  electricity  for  })ower  for  manufacturing  and  railway 
purposes,  and  for  heating,  and  for  the  erection  and  main- 
tenance of  lines  and  other  appliances  for  the  transmission 
of  electricity  for  the  puqioses  aforesaid,  with  a  capital 
stock  not  exceeding  one  hundred  thousand  dollars. 

Section  2.  Said  corporation  may,  sul)jcct  to  all  gen- 
eral laws  referred  to  in  section  four  of  this  act,  con- 
struct and  operate  lines  for  the  transmission  of  heat  and 
power  upon  and  along  the  high^vays  and  public  roads  of 
the  towns  of  Monroe,  Florida,  North  Adams,  Adams, 
Clarksburg  and  A\'illiamstown,  and  may  erect  and  main- 
tain upon  said  highways  and  public  roads,  such,  posts  and 
other  fixtures  as  may  be  necessary  to  sustain  the  wires  and 
other  fixtures  of  its  lines. 

Section  3.  Said  corporation  may  engage  in  the  elec- 
tric lighting  business  outside  the  limits  of  the  Common- 
wealth, but  nothing  herein  contained  shall  l)e  construed  to 
authorize  said  conii)any  to  engage  directly  or  indirectly 
in  the  electric  lighting  business  within  the  limits  of  the 
Commonwealth,  Imt  said  company  may  furnish  electricity 
to  existing  companies  engaged  in  the  business  of  electric 
lighting  for  the  purposes  of  their  business. 

Section  4.  Said  cori)oration  shall  be  sul)ject  to  all  gen- 
eral laws  I'clating  to  the  erection,  maintenance  and  o[)cra- 
tion  of  lines  for  the  transmission  of  electric  light,  heat  or 
power,  so  far  as  the  same  are  applicable  to  said  corporation. 

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

Approved  April  25,  1895. 


QJiajy.SlO  ^^  -'^ct  to  provide  for  the  appointment  of  a  special  dis- 
trict POLICE  officer. 
Be  it  enacted,  etc.,  asfolloios: 
Special  district        Section  1.     The  iTovernor,  on  the  written  recommen- 

police  oflicer  ^  „     ^  i  i      p   i  i      i        -j^ 

may  heap-         datiou  of  the  statc  board  of  lunacy  and  chanty,  may  from 

pointed. 


Acts,  1895.— Chap.  311.  339 


time  to  time  appoint  and  commission  a  special  district 
police  officer,  who  shall  be  removable  at  any  time  by  the 
governor,  to  serve  without  pay,  for  the  term  of  three 
years  unless  sooner  removed. 

Section  2.  Such  special  district  police  officer  shall  duties?  "°*^ 
have  and  exercise  throughout  the  Commonwealth  all  the 
powers  of  a  district  police  officer  in  all  cases  arising  under 
the  provisions  of  chapter  three  hundred  and  eighteen  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-two, 
and  shall,  under  the  direction  of  said  board,  enforce  the 
provisions  of  said  act  and  of  other  laws  for  the  protection 
of  infants. 

Section  3.     Chapter  one  hundred  and  fifty-eight  of  the  Repeal. 
acts  of  the  year  eighteen  hundred  and  eighty-five  is  hereby 
repealed. 

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

Approved  April  25,  1895. 

An  Act  relative  to  foreign  corporations  selling  or  nego-  (Jfinj)  31 1 

TIATING  BONDS,  MORTGAGES,  NOTES   OR  OTHER  CIIOSES  IN  ACTION. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Foreign  corporations  engaged  in  the  bus*- Foreign  corpo. 
iness  of  selling  or  negotiating  bonds,  mortgages,  notes  or  bonds!lu;.!'io 
other  choses  in  action,  shall  be  sul)ject  to  the  provisions  certau/lM-ovl 
of  chapter  three  hundred  and  thirty  of  the   acts    of  the  sionsofiaw. 
year  eighteen  hundred  and  eighty-four,  chapter  three  hun- 
dred and  forty-one  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-one,  and  all  acts  in  amendment  thereof 
and  in  addition  thereto ;  also  to  all  other  general  laws 
relating  to  foreign  corporations  having  a  usual  place  of 
business  in  this  Commonwealth,  except  as  provided  in  the 
following  section. 

Section  2.     Such  cori:)orations  shall   make  an  annual  To  make  an 

,  .       .        ^  »  annual  return, 

return  to  tne  commissioner  of  corporations  of  their  assets  etc. 
and  liabilities,  and  shall  make  such  further  statements  of 
fact  to  him  at  such  times  and  in  such  form  as  he  may 
require  or  approve. 

Section  3.  Chapter  four  hundred  and  twenty-seven  Repeal,  etc. 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine, 
chapter  two  hundred  and  seventy-five  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-one,  and  chapter  three 
hundred  and  three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three,  are  hereby  repealed,  and  the  office  to 
which  they  relate  is  abolished.     But  the  repeal  of  said 


3iO  Acts,  1895.  —  Chaps.  312,  313,  3U. 

acts  shall  not  alFoct  any  proceedings  now  pending  oi-  lia- 
bility incurred  prior  to  their  repeal. 
To  take  effect         Skctiox    L     This  act  shall  take  ctlcct  on  the  first  day 

June  1,  18'J5.  „   ^  .,  -i,  i  11  i'j,> 

of  June  HI  the  year  eighteen  hundred  and  ninety-hve. 

Ajij^roved  April  25,  1895. 

C7i«©.312  -^^^  ^^'^  '^''^  AUTHORIZE  THE    BERKELEY    STREET    CONGREGATIONAL 
SDCIETY  TO   MAKE   ADDITIONS   TO  ITS   IJUILDIXG. 

Be  it  enacted,  etc.,  as  follows: 
May  make  ccr-        ^he  Berkeley  Street  Conffresfational  Society  is  hereby 

lain  addilioUB  to  ^  •         i  ii  -tit- 

buiidiug,  etc.  authorized  to  make  changes  in  and  additions  to  its  present 
building  on  the  corner  of  Berkeley  street  and  AYarren 
avenue  in  the  city  of  Boston,  by  building  over  and  about 
the  same,  and  by  removing  the  present  roof  and  Tmildinga 
fireproof  ceiling  over  the  present  auditorium,  without  being 
obliged  to  make  any  alterations  in  the  interior  construction 

Proviso.  of  the  existing  building:  jrvovided,  //o/rever,  that  all  the 

new  additional  work  is  made  in  accordance  with  existing 
statutes,  and  that  the  construction  of  the  whole  building 
as  herein  authorized  shall  be  ajjproved  by  the  inspector  of 
buildings  of  Boston.  Approved  Aijril25,  1895. 

C7ittX).313  ^^     ^^^    ^^^     I'ROVIDE     AN    ASSISTANT    CLERK    FOR    THE   BOARD    OF 

RAILROAD   COMMISSIONERS. 

Be  it  enacted,  etc. ,  as  folloios : 

Railroad  com-         Section  1.     Tlic  boai'd  of  raili'oad  coiiimissioners  may 

"m^)ioy'an  '^^^  employ  ail  assistant  clerk  at  a  salary  not  to  exceed  twelve 

duUesTetcJ^'^^'   hundred  dollars  a  year,  payable  from  the  treasury  of  the 

Commonwealth.     Said  clerk   shall    do    such    clerical  and 

other  office  work  as  may  be  required  by  the  board,  and  in 

case  of  the  absence  or  disability  of  the  official  clerk  may, 

when  so  directed  b^'  the  board,  perform  the  duties  of  said 

official  clerk.     The  salary  of  the  assistant  clerk  shall  be 

borne  and  a])portioned  in  the  manner  provided  in  section 

twelve  of  clia})ter  one  hundred  and  twelve  of  the  Public 

Statutes. 

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

Approved  April  25, 1895. 

CA«79.314  -^^  "^^^  RELATIVE  TO   MEANS   OF  EGRESS  FROM   CERTAIN  BUILDINGS 

IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloios: 
1892, 419, 5  81,         Section  eiirhtv-one  of  chapter  four  hundred  and  nineteen 

amended.  ,.     ^  '  /•     V  •     i  i  i        i  i        •       j 

of  the  acts  of  the  year  eighteen  hundred  and  ninety-two 
is  hereby  amended  by  striking  out  in  the  second  line,  the 


Acts,  1895.  — Chaps.  315,  316.  341 

words  "more  than  one  family",  and  inserting  in  place 
thereof  the  words  :  — two  or  more  families,  or  as  a  tene- 
ment, boarding  or  lodging  house,  or  as  a  factory  or  work- 
shop,—  and  by  striking  out  in  the  fifth  and  sixth  lines, 
the  words  "  one  or  more  safe  means  of  egress  in  case  of 
fire",  and  inserting  in  place  thereof  the  words  :  — .sufficient 
means  of  egress  in  case  of  fire,  satisfactory  to  said  in- 
spector, —  so  as  to  read  as  follows  :  —  Section  81.  Every  Means  of  egress 
building  hereafter  Ixiilt,  and  evefy  building  occupied  by  '°  *^"^®  °*  *^''^- 
two  or  more  families,  or  as  a  tenement,  boarding  or  lodg- 
ing house,  or  as  a  factory  or  workshop,  shall  haye,  with 
reference  to  its  height,  condition,  construction,  surround- 
ings, character  of  occupation,  and  number  of  occupants, 
sufficient  means  of  egress  in  case  of  fire,  satisfactory  to 
said  mspector.  Approved  April  25 ^  1805. 


Chap.S15 


An  Act  to  authorize  the  town  of  watertown  to  pay  a 

PENSION   to  GEORGE  PARKER, 

Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.     The  town  of  Watertown  is  hereby  author-  May  pay 
ized  to   pay  to   George  Parker  an  annual  pension  not  Ge^ge  Parker. 
exceeding  five  hundred  dollars. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  said  town  by  a  two  thirds  vote  of  the  voters 
thereof  present  and  voting  thereon  at  a  town  meeting 
called  for  the  purpose.  Approved  April  25, 1895. 

An  Act  to  authorize  street  railway  companies  to  acquire  niifn^  Q"|(3 

AND  HOLD   REAL   ESTATE  TO  BE  USED   FOR    PURPOSES  OF  RECRE-  ■^' 

ATION  AND  rOR  PLEASURE  RESORTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.      Street   railway  companies  may   acquire,  May  maintain, 
hold,  equip  and  maintain  real  estate  to  be  used  for  pur-  for' pleasure"'" 
poses  of  recreation  and  for  pleasure  resorts.     Admission  'esorte,  etc. 
to  the  grounds  of  such  pleasure  resorts  shall  be  free,  sub- 
ject to  such  restrictions  as  may  be  imposed  hy  the  mayor 
and  aldermen  of  cities  or  the  selectmen  of  towns  in  which 
said  real  estate  may  be  situated :  provided,  Iioivever,  that  Proviso. 
said  companies  shall  not  sell  intoxicating  liquors  nor  allow 
the  same  to  be  sold  on  said  premises. 

Section  2.     No  such  real  estate  shall  be  acquired,  nor  To  be  api)roved 
after  acquisition  shall  the  same  or  any   part  thereof  l^e  con^mlssfouers. 
sold,  without  the  approval  of  the  board  of  railroad  com- 
missioners. 


342  Acts,  1895.  — Chaps.  317,  318. 

^"Itirstocr  Section  3.     Street  raihvay  companies  may,  with  the 

iBsue  bonds,  etc.  conseiit  of  the  board  of  raih'oad  commissioners,  increase 
their  capital  stock  and  issue  bonds  to  the  amount  deemed 
reasonably  necessary  by  said  board,  not  exceeding  one 
hundred  thousand  dollars  in  the  case  of  any  one  raihvay 
company,  for  the  purpose  of  acquiring,  holding,  equipping 
and  maintaining  real  estate  for  the  purposes  mentioned  in 
section  one  of  this  act. 
[^"BoBton!"'^  Section  4.     This  act  shall  not  apply  to  the  city  of 

Boston. 

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

Approved  April  25, 1895. 

Ch(in.Sl7  "^^  Act  TO  AUTHORIZE  THE  MERRIMACK  MANUFACTURING  COMPANY 
TO  INCREASE  ITS  CAPITAL  STOCK,  AND  ENGAGE  IN  BUSINESS  BE- 
YOND  THE  LIMITS   OF  THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

^^yiiTIiock  Section  1.     The  Merrimack  Manufacturing  Company 

etc.  '      may  increase  its  capital  stock  to  an  amount  not  exceeding 

three  million  five  hundred  thousand  dollars,  and  may  in- 
vest such  portions  thereof  in  real  and  personal  estate, 
either  within  or  without  the  Common\vealth,  and  within 
the  United  States,  as  may  be  necessary  and  convenient  for 
carrying  on  its  business  ;  and  said  company  may  carry  on 
the  business  of  mauufacturino-  cotton  ijoods  and  other  tex- 
tile  fabrics  in  any  part  of  the  United  States. 

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

Approved  April  25,  1895. 

CllClX)  318   '^^    ^^^    ^^    PROTECT  THE  PUBLIC    FROM   ANTSIOYANCE   AND  INJURY 
WHILE  TRAVELLING  ON   STREET  RAILWAYS. 

Be  it  enacted,  etc.,  as  folloios: 

citica  and  towns      Section  1.     The  mayoT  and  aldermen  of  a  city  or  the 

police  oQicers     selectmen  of  a  town,  upon  the  petition  of  a  majority  of 

upon  petition,    ^^^  board  of  dircctors  of  a  corporation  operating  a  street 

raihvay  by  electric  or  other  power  from  such  city  or  town 

to  some  other  city  or  town,  shall  appoint  as  many  and 

such  persons  as  are  recjuested  in  said  petition,  as  police 

officers,  for  the  purposes  and  with  the  powers  hereinafter 

set  forth. 

offlcers  to  wear       SECTION  2.     EvcTV  8uch  officcr  shall,  wlicH  OH  duty  as 

badge  when  on  ^i.v^iiv^^-<     ^.       j^    v.   j  i,.       i       i  .  •^       ^        -ii 

duty,  etc.  such,  Wear  in  plain  sight  a  metallic  badge  inscribed  with 

the    words    "Street    Raihvay  Police",   and    he   may    be 


Acts,  1895.  — Chap.  318.  343 

uniformed  and  equipped  in  the  manner  authorized  by 
the  ma^'or  and  aldermen  or  selectmen  appointing  such 
officer. 

Section  3.  Every  such  oiEcer  shall  ride  upon  the  cars  Powers  and 
of  said  corporation  on  any  trip  on  said  street  railway  from 
and  to  said  city  or  town  when  he  is  requested  so  to  do  by 
the  directors,  or  any  officer  or  agent  of  said  corporation 
duly  authorized  by  the  directors  to  make  such  request. 
He  shall  have  the  power  and  it  shall  be  his  duty,  while 
acting  as  such  officer,  to  arrest  without  a  "warrant  any  per- 
son committing,  in  his  presence,  any  of  the  offences  men- 
tioned in  section  thirty-seven  of  chapter  one  hundred  and 
thirteen  of  the  Public  Statutes  or  in  section  two  hundred 
and  six  of  chapter  one  hundred  and  twelve  of  the  Public 
Statutes,  relative  to  street  railways.  He  may  make  such 
arrest  in  any  town  or  city  upon  the  route  of  said  street 
railway,  and  shall  take  the  person  arrested  to  the  police 
station  or  other  place  of  lawful  detention  in  the  city  or 
town  where  the  arrest  is  made,  or  in  the  adjoining  city 
or  town  in  which  the  car  next  stops  ;  or  he  may  place  the 
person  arrested  in  charge  of  a  police  officer  or  constable 
in  either  of  such  cities  or  towns,  to  be  taken  to  a  lawful 
place  of  detention,  within  twenty-four  hours  from  the  time 
of  such  arrest,  Sundays  excepted ;  the  officer  taking  the 
person  arrested  to  the  place  of  detention  shall  make  a 
complaint  against  him  for  the  offence  for  which  he  was 
arrested,  to  the  trial  justice,  police,  district  or  municipal 
court  having  jurisdiction  of  like  offences  committed  in  the 
city  or  town  in  which  such  person  is  detained,  and  such 
justice,  police,  district  or  municipal  court  shall  have  juris- 
diction of  the  case. 

Section  4.  No  officer,  agent  or  employee  of  such  cor-  corporation  to 
poration  shall  ])e  appointed  a  street  railway  police  officer,  filetk8°^etl" 
and  no  such  police  officer  shall  l)e  appointed  until  the  cor- 
poration requesting  the  appointment  shall  give  to  the  city 
or  town  in  which  it  is  made  a  bond  with  two  sureties  satis- 
factory to  the  board  making  the  appointment  that  it  will 
pay  from  time  to  time  to  such  city  or  town,  such  com- 
pensation for  the  services  of  such  officer  as  shall  be  fixed 
by  such  board,  not  exceeding  twenty-five  cents  an  hour. 
Any  member  of  the  regular  police  force  in  such  city  or 
town  may  be  appointed  a  street  railway  police  officer. 
Xo  such  corporation  shall  have  an}^  control  over  a  street 
railway  police  officer,  or  be  responsible  for  his  conduct. 


344  Acts,  1893.  — Chaps.  319,  320. 

nor  shall  it  be  entitled  to  collect  fares  from  such  officer 
while  travelling  in  the  dischaviie  of  his  official  duty. 
Saruy  o^f  Section  5.  "  The  official  record  of  the  appointment  of 

apjjoiutnieDt,  a  street  railway  i)olice  officer,  or  a  copy  thereof  duly 
attested  by  the  proper  officer,  shall  be  conclusive  of  the 
reirularit^^  of  his  appointment ;  and  his  presence  on  the 
car  or  premises  of  such  corporation,  w€Miring  a  badge  in 
accordance  v.ith  section  two  of  this  act,  shall  be  prima 
facie  evidence  that  he  is  lawfully  ou  duty. 

Approved  April  25 ^  1895. 

C%05/9.319  An  Act  to  authorize  the  northfield  seminary  to  hold  addi- 
tional REAL  AND  PERSONAL  ESTATE. 

Be  it  enacted,  etc. ,  as  follows  : 

Kaulme.'*''        Section  1.     The  Northfield  Seminary  is  hereby  author- 
ized to  hold  real  and  personal  estate,  in  the  manner  and 
for  the  purposes  set  forth  in  its  charter,  to  an  amount  not 
Proviso.  exceeding  two  million   dollars :    provided,   that   no   real 

estate  hereafter  acquired  by  said  cor])oration,  excepting 
however  buildings  hereafter  erected  upon  lauds  now  owned 
by  it,  shall  be  exempt  from  taxation. 

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

Approved  April  25, 1S95. 

CllCip.^2iO  -^N  Act  relatfve  to  the  building,  by  the  city  of  somerville, 

OF  A  SEWER  IN  THE  CITY  OF  CAMliKIDGE. 

Be  it  enacted,  etc.,  as  follows: 

^'rniu°ur°rHor  Section  1.  For  tho  purposc  of  draining  the  territory 
in  sonierviiie  situatcd  in  SouierviUe  and  in  Cambridge  and  bounded 
am  n  ge.  ^^^^  clescribed  as  follows,  namely :  — Beginning  at  a  point 
on  the  northerly  location  line  of  the  Middlesex  central 
division  of  the  Boston  and  ]\laine  Kailroad,  where  a  line 
parallel  with  and  one  hundred  feet  west  of  the  westerly 
line  of  Holland  street  intersects  said  northerly  location 
line  ;  thence  running  northwesterly  and  bounded  south- 
westerly by  said  northerly  location  line,  to  an  intersection 
with  a  line  dividing  the  city  of  Somerville  from  the  city 
of  Cambridge  ;  thence  northerly  and  bounded  westerly  by 
said  dividing  line,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  northwest  of  the  northwesterly 
line  of  Cameron  avenue ;  thence  southwesterly  and 
])Oundod  southeasterly  by  said  line  parallel  with  the  north- 
westerly line  of  Cameron  avenue,  to  an  intersection  with 


Acts,  1895.  — Chap.  320.  345 

a  line  parallel  with  and  one    hundred  feet  northeast  of  fenl'iaTe^ruory 
the  northeasterly  line  of  Massachusetts  arenue ;    thence  in ''^o'"erviiie 

•^T,  -,  ,  ill  •  ^      T         ^""  Cambndiie. 

northwesterly  and  bounded  southwesterly  by  said  Inie 
parallel  with  the  northeasterly  line  of  ISIassachusetts 
avenue,  to  the  southerly  bank  of  Alewife  brook ;  thence 
in  a  general  northeasterly  and  northerly  direction  and 
bounded  l)y  said  bank  of  Alewife  lirook,  to  a  line  di^dding 
the  city  of  Cambridge  from  tlie  city  of  Somerville  ;  thence 
southeasterly  and  bounded  northeasterly  by  said  dividing 
line,  to  an  intersection  with  a  line  parallel  with  and  one 
hundred  feet  northwest  of  the  northwesterly  line  of  Gar- 
rison avenue ;  thence  northeasterly  and  bounded  north- 
westerly by  said  line  parallel  with  the  northwesterly  line 
of  Garrison  avenue,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  southwest  of  the  southwesterly 
line  of  Broadway ;  thence  southeasterly  and  bounded 
northeasterly  by  said  line  parallel  with  the  southwesterly 
line  of  Broadway,  to  an  intersection  with  a  line  one 
hundred  feet  northwest  of  the  northwesterly  line  of  Clar- 
endon avenue ;  thence  southwesterly  and  bounded  south- 
easterly by  said  line  parallel  with  the  northwesterly  line 
of  Clarendon  avenue,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  northeast  of  the  northeasterly 
line  of  Western  avenue  ;  thence  southeasterly  and  bounded 
northeasterly  by  said  line  parallel  with  the  northeasterly 
line  of  Western  avenue,  to  an  intersection  with  the  rear 
line  of  estates  on  the  southeasterly  side  of  Clarendon 
avenue  ;  thence  southwesterly  and  bounded  southeasterly 
by  said  rear  line,  to  an  intersection  with  a  line  at  right 
angles  to  the  centre  line  of  Newbury  street  and  passing 
through  the  southwesterly  end  of  the  sewer  in  said  street ; 
thence  southeasterly  and  bounded  northeasterly  by  said 
line  at  right  angles  to  Xew1)ury  street,  to  an  intersection 
with  a  line  parallel  with  and  one  hundred  feet  southeast 
of  the  southeasterly  line  of  Newbury  street ;  thence  north- 
easterly and  bounded  northwesterly  by  said  line  parallel 
with  the  southeasterly  line  of  Newbury  street,  to  an 
intersection  with  a  line  parallel  with  and  seventy  feet 
southwest  of  the  prolongation  of  the  southwesterly  line  of 
jNIead  street ;  thence  southeasterly  and  bounded  north- 
easterly by  said  line  parallel  with  the  southwesterly  line 
of  Mead  street,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  northwest  of  the  northwesterly 
line  of  Gorham  street ;  thence  northeasterly  and  bounded 


3J:6 


Acts,  1895.  — Chap.  320. 


Draining  of 
certain  territory 
in  Somerville 
and  Cambridge. 


City  of  Somer- 
ville may  lay 
and  maintain 
a  sewer,  etc., 
tliroiigii  a 
portion  of 
Cambridge,  etc. 


May  take 
private  land  in 
Cambridge,  etc. 


May  carry 
sewer,  etc., 
under  etreete, 
etc.,  in  Cam- 
bridge. 


northwesterly  by  said  line  parallel  with  the  northwesterly 
line  of  Gorliam  street,  to  an  intersection  with  a  line 
parallel  with  and  one  hundred  feet  west  of  the  westerly 
line  of  Holland  street ;  thence  southerly  and  bounded 
easterly  by  said  line  parallel  with  the  westerly  line  of 
Holland  street,  to  the  point  of  l)eginning,  and  said  area 
being-  the  same  as  enclosed  by  a  broad  blue  line  as 
delineated  on  a  plan,  entitled — "City  of  Somerville, 
Plan  of  a  part  of  Cambridge  and  Somerville,  showing 
proposed  system  of  Sewers  for  Tannery  Brook  Valley, 
February  7,  1895,  Horace  L.  Eaton,  City  Engineer,"  — 
said  plan  being  deposited  in  the  office  of  the  city  engineer 
of  the  city  of  Somerville,  and  a  copy  thereot"  being 
deposited  in  the  office  of  the  city  engineer  of  the 
city  of  Cambridge, — the  mayor  and  aldermen  of  the 
city  of  Somerville  may  lay,  make  and  maintain  a  main 
drain  or  common  sewer  from  Somerville  to,  and  to  dis- 
charge into,  the  metropolitan  se\ver,  and  through  that 
portion  of  Cambridge  which  is  within  the  aforedescribed 
territory,  and  in  such  part  thereof,  as  to  them  shall  seem 
best,  and  through  the  lands  of  any  persons  and  corpora- 
tions within  said  territory,  excepting  the  land  of  the  city 
of  Cambridge,  and  ma^^  repair  the  said  main  drain  or 
connnon  sewer  from  time  to  time  whenever  repairs  thereof 
shall  be  necessary ;  and  such  main  drain  or  common  sewer 
shall  be  the  property  of  the  said  city  of  Somerville. 

Sectiox  2.  For  the  puri)oses  named  in  the  preceding 
section  the  cit}'  council  of  Somerville  shall  have  the  same 
right  to  take  private  land  in  Cambridge  and  within  said 
territory  as  it  now  has  to  take  land  for  sewers  in  Somer- 
ville, and  all  the  proceedings  of  such  taking  shall  be 
conducted  in  the  same  manner  as  though  such  land  were 
in  Somerville,  and  all  persons  or  corporations  suffering 
damage  in  their  propertj^  by  reason  of  such  taking  shall 
have  the  same  rights  and  remedies  for  ascertaining  and 
recoverinjr  the  amount  of  such  damajje  as  in  the  case  of 
land  taken  for  sewers  in  Somerville. 

Secti(3N  3.  Said  city  of  Somerville  may,  for  the  pur- 
poses of  this  act,  carry  the  said  main  drain  or  common 
sewer  under  any  street,  railroad,  highway  or  other  way  in 
the  city  of  Cambridge,  in  such  manner  as  not  to  unneces- 
sarily ob.struct  the  same,  and  may  enter  u})on  and  dig  up 
such  street,  railroad,  highway  or  other  way  for  the  pur- 
pose of  laying,  maintaining  and  repairing  said  main  drain 


Acts,  1895.  — Chap.  320.  347 

or  common  sewer,  and  may  do  any  other  things  necessary  May  carry 
or  proper  in  executing  the  purposes  of  this  act ;  but  when-  under'streets, 
ever  the  city  of  Sonierville  enters  upon  or  digs  up  for  such  bridge".^'*'"' 
purposes  any  such  road,  street  or  way  in  Cambridge,  it 
shall  be  subject  to  such  reasonable  regulations  as  may  be 
prescribed  by  the  mayor  and  aldermen  of  the  city  of  Cam- 
bridge, and  shall  restore  said  road,  street  or  way  to  as 
good  order  and  condition  as  it  was  in  before  such  entering 
upon  and  digging  up  was  commenced ;  shall  perform  the 
work  in  such  manner  and  with  such  care  as  not  to  render 
any  road,  street  or  way  in  which  such  sewer  is  laid  unsafe 
or  unnecessarily  inconvenient  to  the  pul)lic  travel  thereon, 
and  shall  reimburse  to  the  city  of  Cam1)ridge  all  expense  cityofCam- 
which  it  shall  reasonably  incur,  and  at  all  times  indemnify  reimbursed!  etc. 
and  save  harmless  the  city  of  Cambridge  against  all  dam- 
ages which  may  be  recovered  against  it  by  reason  of  any 
defect  or  want  of  repair  in  such  road,  street  or  way,  caused 
by  the  construction,  maintenance,  repair  or  replacing  of 
said  sewer,  or  by  reason  of  any  injury  to  persons  or  prop- 
erty caused  by  any  defect  or  want  of  repair  in  such  sewer, 
provided  that  the  city  of  Somerville  has  notice  of  any 
claim  or  suit  for  such  damage  or  injury,  and  an  opportu- 
nity to  assume  the  defence  thereof. 

Section  4.     The   city   of  Camlmdge   shall   have   the  cityofcam- 
right  to  use  for  the  purpose  of  conducting  away  house  sewer,  etc.,  for 
drainage  (but  not  storm  water  or  ground  water  or  roof  po8e^8,°e^c.'^' 
water)  from  that  portion  of  its  territory  which  is  within 
the  aforedescribed  territory,  the  said  main  drain  or  com- 
mon sewer  built  under  this  act  within  its  own  territorial 
limits,  — and  shall  have  the  same  right  of  assessing  a  pro- 
portional part  of  any  expenses  paid  by  it  for  or  on  account 
of  the  construction  of  said  main  drain  or  common  sewer, 
upon  any  persons  receiving  ]:)eneht  thereby  for  draining 
their  cellars  or  lands  in  said  Cambridge  or  otherwise,  as  it 
now  lias  for  constructing  other  main  drains  or  common 
sewers  in  such  city. 

Section  5.     The  mayor  and  aldermen  of  the  city  of  ^ly'beSTed 
Somerville  shall  have  the  same  riii'ht  of  assessing  every  » proportional 

1  ,  ,.  v-i  1     ^       •     .  ®i-       pjirt  of  charge 

person  w  ho  enters  his  ])articular  dram  into  any  mam  dram  of  making 
or  common  sewer  within  the  said  territory  in  said  city  of  ^®^®''^' 
Somerville,  or  who  hy  more  remote  means  receives  benetit 
thereby  for  draining  his  cellar  or  land  in  Somerville,  a 
proportional  part  of  the  charge  of  making  and  repairing 
the  same,  and  of  the  charge,  not   already   assessed,    of 


348 


Acts,  1895.  — Chap.  320. 


Ccrt;iin  perBons 
ni!»y  be  nsecBwed 
a  proportiounl 
part  of  chiirijo 
of  making 
sewere,  eic. 


Disposing  of 
and  conducting 
away  storm 
water  from 
overflow,  etc. 


makins:  and  repairiiiir  other  main  drains  and  common 
sewers  through  which  the  same  discharges,  and  of  makinjr 
and  re})airiiii>-  said  main  drain  or  connnon  sewer  in  the  city 
of  Cambridge,  as  said  mayor  and  aldermen  now  have  for 
constmctino:  other  main  drains  or  common  sewers  in  such 
city  of  Somerville,  and  as  if  said  main  drain  or  common 
sewer  in  Camlu'idiie  was  situated  in  Somerville  ;  and  if  the 
city  council  of  the  city  of  Somerville,  which  it  is  hei-eby 
authorized  to  do,  shall  adopt  a  system  of  sewerage  and 
assessments  therefor,  in  accordance  Avith  the  provisions  of 
section  seven  of  chapter  tifty  of  the  Public  Statutes  and 
acts  in  amendment  thereof  or  in  addition  thereto,  for  a 
part  or  the  whole  of  said  teri'itory  which  is  within  said 
city  of  Somer^dlle,  such  assessments,  as  provided  for  in 
said  section  seven  and  acts  in  amendment  thereof  and  in 
addition  thereto  shall  be  made  upon  owners  of  estates 
within  said  territory  by  a  fixed  unifonn  rate  based  upon 
the  estimated  average  cost  of  all  the  sewers  therein  ;  and 
there  may  be  inclutled  as  a  part  of  such  cost  the  cost  or 
any  portion  thereof  to  the  city  of  Somerville,  of  said 
sewer  in  Cambridge. 

Section  6.  For  the  purpose  of  disposing  of  and  con- 
ducting away  storm  water  from  any  overflow  from  said 
main  drain  or  common  sewer  at  any  part  thereof,  or  storm 
water  or  surface  drainage  from  the  territory  situated  in 
Somerville  and  in  Cambridge  and  bounded  and  described 
as  follows,  namely  :  —  l^eginning  at  a  point  on  the  north- 
erly location  line  of  the  jNliddlesex  central  division  of  the 
Boston  and  Maine  Kailroad  where  a  line  parallel  with  and 
one  hundred  feet  west  of  the  westerly  line  of  Holland 
street  intersects  said  northerly  location  line  ;  thence  run- 
ning northwesterly  and  bounded  southwesterly  by  said 
northerly  location  line,  to  an  intersection  with  a  line 
dividing  the  city  of  Somerville  from  the  city  of  Cam- 
bridge ;  thence  northerly  and  bounded  westerly  by  said 
dividing  line,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  noilhwest  of  the  northwest- 
erly line  of  Cameron  avenue ;  thence  southwesterly  and 
bounded  southeasterly  by  said  line  parallel  with  the 
northwesterly  line  of  Cameron  avenue,  to  an  intersection 
with  a  line  parallel  with  and  one  hundred  feet  northeast 
of  the  northeasterly  line  of  jNIassachusetts  avenue;  thence 
northwesterly  and  bounded  southwesterly  by  said  line  par- 
allel with  the  northeasterly  line  of  ^Massachusetts  avenue, 


Acts,  1895.  — Chap.  320.  34^ 

to  the  southerly  bank  of  Alewife  l)rook  ;  thence  in  a  gen-  Disposing  of 
eral  northeasterly  and  northerly  direction  and  bounded  by  away°8torm'°^ 
said  bank  of  Alewife  brook,  to  a  line  dividing  the  city  of  OTerflow°'etc. 
Cambridge  from  the  city  of  Somerville  ;  thence  southeast- 
erly and  bounded  northeasterly  by  said  dividing  line,  to 
an  intersection  with  a  line  parallel  with  and  one  hundred 
feet  northwest  of  the  northwesterly  line  of  Garrison 
avenue ;  thence  northeasterly  and  l)ounded  northwesterly 
by  said  line  parallel  with  the  northwesterly  line  of  Garri- 
son avenue,  to  an  intersection  wdth  a  line  parallel  w  ith  and 
one  hundred  feet  northeast  of  the  northeasterly  line  of 
Broadway ;  thence  southeasterly  and  bounded  northeast- 
erly by  said  line  parallel  with  the  northeasterly  line  of 
Broadway,  to  an  intersection  with  a  line  passing  across 
the  northwesterly  end  of  Fairmont  avenue  and  at  right 
angles  with  the  centre  line  of  said  avenue,  to  an  intersec- 
tion with  a  line  parallel  with  and  one  hundred  feet  north- 
east of  the  northeasterly  line  of  said  Fairmont  avenue ; 
thence  southeasterly  and  bounded  northeasterly  by  said 
line  parallel  with  the  northeasterly  line  of  Fairmont  avenue 
and  the  prolongation  of  said  line,  to  an  intersection  with 
a  line  parallel  with  and  four  hundred  feet  northeast  of  the 
northeasterly  Ime  of  Broadway  ;  thence  southeasterly  and 
bounded  northeasterly  by  said  line  parallel  with  the  north- 
easterly line  of  Broadway,  to  an  intersection  with  the 
centre  lino  of  Chandler  street  prolonged  noi-theasterly ; 
thence  southwesterly  and  bounded  southeasterly  by  said 
prolongation  of  said  centre  line  of  Chandler  street,  to  an 
intersection  with  a  line  parallel  with  and  one  hundred  feet 
northeast  of  the  northeasterly  lino  of  Broadway  :  thence 
easterly  by  a  curved  line  parallel  with  and  one  hundred 
feet  north  of  the  northerly  lino  of  Broadway,  to  an  inter- 
section with  the  prolongation  of  a  line  parallel  with  and 
one  hundred  feet  southeast  of  the  southeasterly  line  of 
Liberty  avenue  ;  thence  southwesterly  and  bounded  south- 
easterly by  said  line  parallel  with  the  southeasterly  line 
of  Liberty  avenue,  to  an  intersection  with  a  line  at  right 
angles  with  Liberty  avenue  and  distant  one  hundred  feet 
southwest  of  the  southwest  corner  of  Liberty  avenue  and 
Powder  House  terrace  ;  thence  at  right  angles  northwest- 
erly and  bounded  southw'esterly  on  said  line  one  hundred 
feet  southwest  of  the  southwesterly  corner  of  said  avenue 
and  said  terrace,  to  an  intersection  with  a  line  parallel 
with  and  one  hundred  feet  southeast  of  the  southeasterly 


350 


Acts,  1895.  — Chap.  320. 


Disposing  of 
and  conducting 
away  storm 
water  from 
overflow,  etc. 


City  of  Somer- 
vlllo  may  lay, 
maintain,  etc., 
channel  or  water 
course  through 
portion  of  Cam- 
bridge, etc. 


line  of  Elm  street ;  thonco  southwesterly  and  bounded 
southeasterly  by  said  line  parallel  with  the  southeasterly 
line  of  Ehn  street,  to  an  intersection  with  the  prolonua- 
tion  of  a  line  parallel  with  and  one  hundred  feet  south- 
west of  the  southwesterly  line  of  Summit  street ;  thence 
northwesterly  and  bounded  southwesterly  on  said  line  par- 
allel with  the  southwesterly  line  of  Summit  street,  to  an 
intersection  with  a  line  parallel  v.ith  and  one  hundred  feet 
northwest  of  the  northwesterly  line  of  Billingham  street ; 
thence  northeasterly  and  bounded  northwesterly  on  said 
line  parallel  with  the  northwesterly  line  of  Billingham 
street,  to  an  intersection  with  the  centre  line  of  said  Sum- 
mit street  prolonged  nortliwesterly  ;  thence  northwesterly 
and  l)ounded  southwesterl}',  to  an  intersection  at  a  jioint 
in  the  southeasterly  line  of  Simpson  avenue  one  hundred 
feet  southwest  of  the  southwesterly  line  of  Broadway' ; 
thence  northwesterly  and  liounded  southwesterly  on  said 
line  parallel  with  the  southwesterly  line  of  Broadway,  to 
an  intersection  with  a  line  parallel  with  and  one  hundred 
feet  southeast  of  the  southeasterly  line  of  Paulina  street ; 
thence  southwesterly  and  bounded  southeasterly  on  said 
line  parallel  ^vith  the  southeasterly  line  of  Paulina  street, 
to  an  intersection  with  a  line  parallel  with  and  one  hun- 
dred feet  southwest  of  the  southwesterly  line  of  Holland 
street ;  thence  southeasterly  and  bounded  northeasterh'  by 
said  line  parallel  with  the  southwe.-;terly  line  of  Holland 
street,  to  the  point  of  beginning,  and  said  surface  drain- 
age area  being  enclosed  by  a  brown  line  shown  on  the 
right  upper  corner  of  a  plan  referred  to  in  section  one  of 
this  act,  — the  mayor  and  aldermen  of  the  city  of  Somer- 
ville  may  lay,  make  and  maintain  a  drain,  channel  or 
water  course,  either  in  whole  or  in  part  open  or  covered, 
in  and  from  Somerville  to,  and  to  discharge  into,  xVicwife 
brook,  and  through  that  portion  of  Cambridge  which  is 
within  the  aforedescribed  territory,  and  in  such  part 
thereof  and  of  Somerville  as  to  them  shall  seem  best,  and 
through  the  lands  of  any  persons  or  corporations  within 
said  territory,  and  may  repair  the  said  drain,  channel  or 
water  course  from  time  to  time  whenever  repairs  thereof 
shall  be  necessary,  and  said  mayor  and  aldermen  may,  for 
the  said  purpose  of  conducting  away  storai  water  or  sur- 
face drainage  from  said  territory  or  the  storm  water  from 
any  overflow  from  any  sewer  in  said  territory,  widen  and 
deepen  and  improve  by  walling  up  or  covering  the  same 


Acts,  1895.  — Chap.  320.  351 


or  otherwise,  and  whether  in  Cambridge  or  in  Somerville, 
and  may  use  the  brook  in  said  territory  known  as  Tannery 
brook,  and  may  conduct  such  storm  water  or  surface 
drainage  into  such  brook,  and  the  storm  water  or  surface 
drainage  from  said  territory  in  Somendlle  or  any  part 
thereof  may  be  conducted  into  and  through  any  main 
drain  or  common  sewer  in  Somerville,  and  into  and  through 
the  main  drain  or  connnon  sewer  referred  to  in  section 
one  of  this  act,  and  may  by  a  storm  water  overflow  be 
diverted  at  any  point  thereof  from  said  main  drain  or 
common  sewer  referred  to  in  section  one  of  this  act,  or 
from  any  main  drain  or  common  sewer  in  Somerville,  into 
the  drain  or  water  course  referred  to  in  this  section. 

Section  7.     For  the  purposes  named  in  the  last  pre- May  take  ce-r. 

T  J.  J.1  •,  Mi^c  -n  J.1I        lain  lands,  water 

ceding  section  the  city  council  oi  feomerville  may  take  by  courses,  etc 
purchase  or  otherwise  said  brook  or  the  use  thereof,  and 
any  lands,  water  courses  or  easements  within  said  terri- 
tory, and  whether  in  Cambridge  or  Somerville,  and  all 
proceedings  of  such  taking  shall  be  conducted  in  the  same 
manner  as  in  the  case  of  land  in  Somerville  taken  for 
sewers  ;  and  all  persons  or  corporations  suftering  damage 
in  their  property  by  reason  of  such  taking  or  by  reason 
of  the  proceedings  aforesaid  shall  have  the  same  rights 
and  remedies  for  ascertaining  and  recovering  the  amount 
of  such  damage  as  in  the  case  of  land  taken  for  sewers  in 
Somerville. 

Section  8.     The  provisions  of  section  three  of  this  act  sections  to 

1    ,        , ,  ^,  ,.  ^   ,,  .         ,       .  apply  to  drain, 

111  regard  to  the  construction  oi  the  mam  dram  or  com-  etc.,  constructed 
mou  sewer  therein  referred  to  under  any  street,  railroad, 
highway  or  other  way  in  the  city  of  Cambridge  shall 
apply  to  any  drain  or  water  course  constructed  in  the  city 
of  Cambridge  under  the  provisions  of  the  two  last  preced- 
ing sections  of  this  act. 

Section  9.      The  city   of  Cambridge    shall    have   the  use  of  drain, 
right  to  use   said  drain   or  water  course  constructed  in  ct.m\>T\d%I.  ° 
Cambridge  under  the  provisions  of  the  two  last  preceding 
sections  of  this  act,  for  the  purpose  of  disposmg  of  and 
conducting  away  storm  water  or  surface  water  from  the 
aforesaid  territory  situated  in  Cambridge. 

Section  10.     Nothing  herein  contained  shall  be  con-  certain  rights 
strued  to  destroy   or    impair  the   prescriptive   rights  of 
either  of  said  cities  as  they  exist  at  the  date  of  the  passage 
of  this  act,   except   as  they   may  be   modified  or  extin- 
guished by  the  terms  and  provisions  herein  set  forth. 


not  impaired. 


352 


Acts,  1895.  — Chap.  321. 


Cities  of  Section  11.     The  city  of  Cambrid^^e  and  the  city  of 

Cambridge  ,  .  ,i      •  .•  -^  -i 

and  somcrviiie  bomervillc,  jictiiig  by  their  respective  city  councils,  are 
agrienYents  as  hereby  authorizcd  to  make  sucli  airreements  between  said 
eewe^'etc."^  Cities  as  to  them  shall  seem  advisable,  in  regard  to  the 
l)articular  location  of  said  main  drain  or  common  sewer 
within  the  limits  of  Cambridge,  and  of  said  drain  or  water 
course  within  said  limits  for  storm  water  or  surface  water, 
and  of  the  land  to  be  taken  tluMvfor,  and  in  regard  to  the 
extent  of  use,  terms  and  conditions  (including  the  pro- 
portionate part  to  be  paid  by  the  city  of  Cambridge  to  the 
city  of  Somerville  of  the  expenses  of  constructing  and 
maintaining  said  main  drain  or  common  sewer,  or  said 
drain  or  Avater  course  for  storm  water  or  surface  water, 
including  the  expenses  of  land  taken  therefor,  and  all 
other  expenses  appertaining  to  said  drains,  sewers  or 
water  courses),  for  or  upon  which  the  city  of  Cambridge 
may  use  such  main  drain  or  common  sewer,  drain  or 
water  course,  or  land  taken  therefor,  or  any  part  of  the 
same,  and  also  in  regard  to  any  and  all  other  matters  or 
things  contemplated  by  this  bill  in  reference  to  the  taking 
and  use  by  the  city  of  Somerville  of  territory,  property 
or  rights  in  Cambridge  for  purposes  of  construction  or 
maintenance  of  any  such  sewers  or  drains  or  water 
courses  therein  as  are  hereinbefore  referred  to  ;  and  until 
such  agreements  shall  have  been  made  the  city  of  Somer- 
ville shall  have  no  right  to  construct  within  the  limits  of 
Cambridge  any  such  main  drain  or  common  sewer,  drain 
or  water  course,  or  to  take  land  therefor. 
To  be  void  Sectiox  12.     Tliis  act  shall  be  void  unless  accepted  by 

unless  accepted  .  .,       /.  i         /»        •  i      •,•  -ji   •  /• 

within  one  year,  the  City  couucil  oi  cach  ot  Said  citics  Within  ouc  year  irom 
the  date  of  the  passage  hereof.     Ai^jyvoved  April  25 j  1895. 


Chap.S21 


May  hold  addi- 
tional estate. 


An  Act  to  al'tiiokizi:   tue  mount  heiimon   boys'  scnooL  to 

HOLD   ADDITIONAL   KEAL  AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  The  ]\Iount  Ilermon  Boys'  School  is 
herel)y  authorized  to  hold  real  and  jiersonal  estate,  in  the 
manner  and  for  the  purposes  set  forth  in  its  charter,  to  an 
amount  not  exceeding  two  million  dollars  :  provided,  that 
no  real  estate  hereafter  accjuired  by  said  corporation,  ex- 
cepting however  buildings  hereafter  erected  ui)on  lands 
now  owned  by  it,  shall  be  exempt  from  taxation. 

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

Approved  April  25,  1895. 


Acts,  1895.  — Chaps.  322,  323,  324.  353 


An  Act  rflatiye  to  the  tenure  of  office  of  the  general  Chcip.S22 

SUPERINTENDENT   OF   PRISONS. 

Be  it  enartecl,  etc.,  asfolloios: 

Section    1.      The    general    superintendent   of  prisons  General 

~  .  i  /•     I  superintendent 

shall  bold  his  omce  during  the  pleasure  oi  the  governor  of  prisons, 
and  council. 

Section  2.      So  much  of  section  six  of  chapter  four  Repeal. 
hundred  and  forty-seven  of  the  acts  of  the  yeav  eighteen 
hundred  and  eighty-seven   as  is  inconsistent  herewith  is 
hereby  repealed. 

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

Approved  April  25,  1895. 


C^ap.323 


An  Act  relative  to  nominations  to  public  office. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  political  party  which  at  the  five  Nominations  by 
annual  state  elections  next  preceding  shall  have  cast  for  parties.^*' 
any  office  voted  for  at  a  state  election  as  large  a  number 
of  votes  as  equals  the  number  of  petitioners  required  to 
nominate  for  that  office  by  nomination  papers,  may  nom- 
inate candidates  for  any  such  office,  and  shall  be  entitled 
to  have  the  names  of  its  candidates  printed  on  the  official 
ballot,  subject  only  to  such  restrictions  as  apply  to  a 
party  that  casts  three  per  cent,  of  the  vote  for  governor. 

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

Approved  April  25,  1895. 

An  Act  to  incorporate  the  boston  and  suburban  express  QJia7).324: 

COMPANY. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     Edward  F.  Coolidge,  John  B.  Robbins,  Boston  nnd^^ 
and  A.  Glendou  Dyar,  their  associates  and  successors,  are  press  company 
herel)y  made  a  corporation  by  the  name  and  title  of  the  '"<=°''p°'''*'® 
Boston   and   Suburban   Express  Company,   and   as   such 
shall  have  all  the  rights  and  privileges  and  be  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all 
general  laws  which  now  are  or  may  hereafter  be  in  force 
relating  to  express  companies,  except  as  hereinafter  pro- 
vided. 

Section  2.     The  capital  stock  of  said  corporation  shall  capital  stock. 
be  ten  thousand  dollars  divided  into  four  hundred  shares, 


354 


Acts,  1895.  — Chap.  325. 


Mny  carry  on 
businesM  of 
traiiBponiiig 
freight,  etc. 


May  increase 
capital  slock, 
issue  bonclB, 
etc. 


of  tu'onty-five  dollars  each,  and  the  same  shall  ho  paid  in 
iu  full  before  Siiid  corporation  shall  commence  business. 

Section  3.  Said  corporation  is  hereby  authorized  to 
carry  on  the  business  of  transportinir  merchandise, 
freight,  express  matter,  and  the  United  States  mail,  and 
to  contract  with  individuals,  the  government  of  the  United 
States,  or  any  company  duly  incorporated  within  this 
Commonwealth,  for  the  purpose  of  carrying  on  said  busi- 
ness, as  aforesaid ;  and  any  such  company  is  hereby 
authorized  to  contract  with  it  for  said  purpose. 

Section  4.  The  capital  ^tock  of  said  corjjoration  may 
be  increased  from  time  to  time,  upon  proof  satisfactory  to 
the  commissioner  of  corporations,  that  value  equal  to  the 
amount  of  the  increase  applied  for,  has  l)een  invested  in 
the  business  of  the  com[)any,  to  a  total  amount  of  one 
hundred  and  fifty  thousand  dollars,  and  said  oori)oration 
may  issue  bonds  to  an  amount  not  exceeding  in  the  aggre- 
gate the  authorized  capital  stock  of  the  corporation  at  the 
time  of  such  issue ;  but  all  such  issues  of  .stock  and  bonds 
shall  be  sul)ject  to  the  provisions  of  chapter  four  hundred 
and  fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  relating  to  the  issue  of  stock  and  bonds  by 
telegraph,  telephone,  aqueduct  and  water  companies. 

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

Ai^proved  April  25,  1S05. 


Ch€t7).325   ^^  ^^^  ^^  AUTHORIZE  THE  CITY  OF  C 
EDNESS   15EY0ND  THE   LIMIT   FIXED   B1 


Chelsea  Park 
Loan. 


CHELSEA    TO    INCUR    INDEUT- 
BY  LAW,  FOU  TAEK,  TAKKWAY 
AND   PLAYGKOUXD   PURruSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Chelsea,  for  the  purpose  of 
acquiring  and  improving  open  s})aces  for  park,  parkway 
and  playground  purposes,  shall  have  authority  to  issue, 
in  excess  of  the  limit  fixed  by  law,  scrip  or  bonds  to  be 
denominated  on  their  face,  Chelsea  Park  Loan,  to  an 
amount  not  exceeding  one  hundred  thousand  dollars, 
bearing  interest  not  exceeding  four  per  cent,  per  annum, 
payable  semi-annually,  the  principal  to  be  pa3able  at 
periods  of  not  more  than  forty  years  from  the  issuing  of 
such  scrip  or  bonds  res|,ectively.  Said  city  may  sell  the 
same  or  any  part  thereof  from  time  to  time  or  ))ledge  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. 


Acts,  1895.  -  Chap.  326.  355 

Sectiox  2.  Said  city  shall,  on  issuino;  any  of  the  sinking  fund. 
scrip  or  bonds  mentioned  in  section  one,  establish  a  sink- 
ing fund  and  apportion  thereto  from  year  to  year  an 
amount  sufficient  with  its  accumulations  to  extinguish  the 
debt  at  maturity.  But  in  such  a})portionment  of  a  sink- 
ing fund  the  assessment  shall  be  at  the  rate  of  one  eightieth 
part  of  the  whole  amount  in  each  of  the  tirst  ten  years, 
one  sixtieth  part  in  each  of  the  second  ten  years,  one 
thirtieth  part  in  each  of  the  third  ten  years,  and  the  re- 
mainder equally  divided  in  the  next  ten  years.  Any 
premium  realized  on  the  sale  of  said  scrip  or  bonds  shall 
be  paid  into  such  sinking  fund. 

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

Approved  April  25,  1895. 


Cha2).S26 


An  Act   to   keyise   the   ciiaktek  of. the  city  of  laavrexce. 
Be  it  enacted,  etc. ,  as  foHoivs : 

Section  1.  The  inhabitants  of  the  city  of  Lawrence  cuyof 
shall  continue  to  be  a  municipal  corporation,  under  the  ^'''^"^°'=®- 
name  of  the  City  of  Lawrence,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  inmiunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties,  liabilities 
and  obligations  j^rovided  for  herein  or  otherwise  pertain- 
ing to  said  city  as  a  municipal  ( or[)oration. 

Section  2.  The  administration  of  all  the  fiscal,  pmden-  Administration 
tial  and  municipal  afi'airs  of  said  city,  with  the  govern-  afluii"."etr' 
ment  thereof,  shall  be  vested  in  an  executive  department 
which  shall  consist  of  one  officer,  to  be  called  the  mayor, 
and  in  a  legislative  department,  to  be  called  the  city  coun- 
cil. The  executive  department  shall  never  exercise  any 
legislative  power  and  the  legislative  department  shall 
never  exercise  any  executive  power. 

Section  3.     The  territory  of  the  city  shall  continue  to  six  wards. 
be  divided  into  six  wards,  but  the  number  of  wards  may 
be  increased  by  the  cit}^  council  by  ordinance  in  any  year 
fixed  by  law  for  a  new  division  of  wards  in  cities.     The 
numlier  of  wards  shall  never  be  less  than  six. 

Section  4.     The   municipal   election  shall   take  place  Municipal 
annually  on  the  second  Tuesday  of  December.  election. 

Section  5.     The  municipal  year   shall   begin   at  ten  Municipal  year. 
o'clock  in  the  forenoon  on  the  first  IMonday  of  January, 
and  continue  until  ten  o'clock  in  the  forenoon  on  the  first 
Monday  of  the  following  January. 


356 


Acts,  1895.  — Chap.  326. 


Mnyor  and  city 
council  to  bo 
elected  by 
ballot. 


Vacancy  in 
oftice  of  mayor. 
Form  1. 


Vacancy  in 
ollice  of  mayor. 
Form  2. 


Vacancy  in 
city  couucil. 
Form  1. 


Vacancy  in 
citv  council. 
Form  2. 


Filline  of 
vacancies  in 
certain  cases. 
Form  1. 


Filling  of 
vacancies  in 
certain  cases. 
Form  2. 


Sectiox  6.  At  the  municipal  election  the  qualified 
voters  shall,  in  the  sev^eral  wards,  give  in  their  votes  hy 
ballot  for  mayor  and  for  members  of  the  city  council,  or  for 
such  of  them  as  are  to  be  elected,  and  the  person  receivmg 
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  bo  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. 

Sectiox  7.  [Form  One.]  If  it  shall  appear  that  there 
is  no  choice  for  mayor,  or  if  the  ])erson  elected  to  that 
office  shall  refuse  to  accept  it  or  shall  die  ])efore  qualify- 
ing, or  if  a  vacancy  shall  occur  in  the  office  more  than  four 
months  previous  to  the  expiration  of  the  term  of  servi<,'e 
of  a  mayor,  the  city  council  shall  forthwith  cause  a  new 
election  to  be  held. 

[Form  Two.]  If  it  shall  appear  that  there  is  no  choice 
of  mayor,  or  if  the  person  elected  to  that  office  shall  re- 
fuse to  accept  the  otKce  or  shall  die  before  qualifying,  or 
if  a  vacancy  in  the  office  shall  occur  more  than  four  months 
previous  to  the  expiration  of  the  term  of  service  of  a 
mayor,  the  board  of  aldermen  shall  forthwith  cause  a 
new  election  to  be  held. 

Section  8.  [Form  One.]  If  tlie  full  number  of  mem- 
l)ers  of  the  city  council  then  rc(iuired  to  be  chosen  shall 
not  be  elected  at  the  annual  municipal  election,  or  if  a 
vacancy  in  such  office  shall  occur  more  than  four  months 
before  the  expiration  of  the  term,  the  city  council  chosen 
at  that  election  shall  forthwitli  cause  a  new  election  to  be 
held  to  fill  the  vacancy. 

[Form  Two.]  If  the  full  number  of  meml)ers  of  the 
city  council  then  required  to  be  chosen  shall  not  be  elected 
at  the  annual  munieii)al  election,  or  if  a  vacancy  in  such 
office  shall  occur  more  than  four  months  before  the  expira- 
tion of  the  term,  the  board  of  ahlermen  chosen  at  that 
election  shall  forthwith  cause  a  new  election  to  be  held  to 
fill  the  vacanc}'. 

Section  9.  [Form  One.]  If  such  vacancy  in  the 
office  of  mayor  or  of  members  of  the  city  council  occurs 
within  four  months  previous  to  the  expiration  of  the  term 
of  office  the  city  council  may  in  its  discretion  order  a  new 
election  to  fill  such  vacancy. 

[Form  Two.]  If  such  vacancy  in  the  office  of  mayor  or 
of  members  of  the  city  couucil  occurs  within  four  months 


Acts,  1895.  — Chap.  326.  357 

previous  to  the  expiration  of  the  term  of  ofBce  the  board  of 
aldermen  may  in  its  discretion  order  a  new  election  to  till 
such  vacancy. 

Sectiox  10.  [Form  One.]  General  meetings  of  the  General  meet, 
citizens  qualified  to  vote  may  l)e  held  to  consult  upon  the  '°^^*  °™ 
public  good,  to  give  instructions  to  their  representatives, 
and  to  take  all  lawful  measures  to  obtain  redress  from 
grievances,  according  to  the  rights  secured  to  the  people 
by  the  constitution  of  the  Commonwealth.  Such  meet- 
ings may  he  warned  l)y  the  city  council,  and  shall  be  upon 
the  requisition  of  fifty  legal  voters. 

fForm  Two.]  General  meetings  of  the  citizens  quali-  [^g°f''''J-o"^m2. 
fied  to  vote  may  be  held  to  consult  upon  the  public  good, 
to  give  instructions  to  their  representatives,  and  to  take 
all  lawful  measures  to  obtain  redress  from  grievances, 
according  to  the  rights  secured  to  the  people  by  the  con- 
stitution of  the  Commonwealth.  Such  meetings  may  be 
warned  by  the  board  of  aldermen,  and  shall  be  upon  the 
requisition  of  fifty  legal  voters. 

Section  11.      [Form  One.]     The  city  council  shall  be  cityconncn. 
composed  of  three  meml)ers  from  each  ward,  who  shall  be    ^^"^ 
elected  annually  by  the  voters  of  the  whole  city.     They 
shall  hold  office  for  the  municipal  year  next  succeeding 
their  election. 

[Form  Two.]  The  city  council  shall  be  composed  of  ^of^faT"" 
two  branches,  one  of  which  shall  be  called  the  board  of 
aldermen,  the  other  the  common  council.  The  board 
of  aldermen  shall  be  composed  of  one  member  from  each 
ward,  who  shall  be  elected  hy  and  from  the  qualified 
voters  of  the  city  and  shall  hold  ofiice  for  the  municipal 
year  next  ensuing.  The  common  council  shall  be  com- 
posed of  three  members,  to  be  elected  by  and  from  the 
qualified  voters  of  each  ward.  The  councilmen  so  elected 
shall  hold  office  for  the  municipal  year  next  succeeding 
their  election. 

Section  12.      [Form  One.]     The  city  council  shall  be  city  council 
judge  of  the  election  and  qualification  of  its  own  members,  e^ecuon'o^f'ifs 
shall  determine  the  rules  of  its  own  proceedings,  —  which  For^^^i'.^' '''''* 
when  established   shall  be  binding  upon  it  and  shall  have 
the  force  of  law,  —  and  may  elect  such  assistant  clerks 
and  other   officers  as  may  l)e   necessary   for   the   proper 
conduct  of  its  own  l)usiness. 

[Form  Two.]      Each  branch  of  the  city  council  shall  be  city  council 
judge  of  the  election  and  qualification  of  its  own  members,  ejection  orns 
shall  determine  the  rules  of  its  own  proceedings,  —  which  Kom  1'^'  ''"^' 


35S 


Acts,  1895.  — Chap.  326. 


Special  rncet- 
inge.    Form  1. 


Special  moet- 
iDgs.    Form  2. 


Qnoriim. 
Form  1. 


Quorum. 
Form  2. 


Private  Fittines 
of  ciiy  council. 
Form  1. 


when  established  shall  be  binding  upon  it  and  have  the 
force  of  law,  —  and  may  elect  such  assistant  clerks  and 
other  officers  as  may  be  necessary  for  the  proper  conduct 
of  its  own  business. 

Section  18.  [Form  One.]  The  mayor  may  at  any 
time  call  a  special  meetiiiir  of  the  city  council,  and  shall 
call  a  special  meeting  upon  the  request  in  writing  of  one 
third  of  the  members.  Such  request  shall  state  the  sub- 
jects to  be  considered  at  the  meeting.  The  mayor  shall 
cause  a  written  notice  of  such  meeting,  stating  the  sub- 
jects to  be  considered  thereat,  to  be  given  in  hand  to  each 
member  or  to  be  left  at  his  usual  place  of  residence,  or  at 
any  address  designated  by  him  in  a  writing  tiled  with  the 
city  clerk,  twenty- lour  hours  previous  to  the  time  ap- 
pointed for  the  meeting,  and  no  final  action  shall  be  taken 
at  such  special  meeting  on  any  business  not  stated  in  such 
notice. 

[Form  Two,]  The  mayor  may  at  any  time  call  a 
special  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  re(iuest  shall  state  the  subjects  to 
be  considered  at  the  meeting.  The  ma^'or  shall  cause  a 
■written  notice  of  such  meeting,  stating  the  su))jects  to  be 
considered  thereat,  to  be  given  in  hand  to  each  member 
or  to  be  left  at  his  usual  place  of  residence,  or  at  any 
address  designated  by  him  in  writing  filed  with  the  city 
clerk,  twenty-four  hours  ju'evious  to  the  time  appointed 
for  the  meeting,  and  no  final  action  shall  be  taken  at  such 
special  meeting  on  any  l)usines3  not  stated  in  such  notice. 

Section  14.  [Form  One.]  A  majority  of  the  mem- 
bers of  the  city  council  provided  to  be  eh  cted  shall  con- 
stitute a  quorum  for  the  transaction  of  Imsiness,  but  a 
smaller  number  may  adjourn  from  time  to  time. 

[Form  Two.]  In  each  l)ranch  of  the  city  council  a 
majority  of  the  whole  number  of  members  provided  to  be 
elected  shall  constitute  a  quorum  for  the  transaction  of 
business,  l)ut  a  smaller  number  may  adjourn  from  time  to 
time. 

Section  15.  [Form  One.]  The  city  council  may  l)y 
special  vote  hold  private  sittings  for  the  consideration  of 
candidates  for  election  and  nominations  by  the  mayor,  but 
all  other  sittings  shall  be])ul)lic,  and  all  votes  on  elections 
and  on  confirmation  of  appointments  by  the  mayor  shall 


Acts,  ]  895.  — Chap.  32G.  359 

be  taken  in  public.  At  all  other  times  the  city  council 
shall  sit  with  open  doors.  It  shall  cause  the  journal  of  its 
proceedings  to  be  read  in  full  at  the  succeeding  meeting 
and  to  be  open  to  public  inspection. 

[Form  Two.]  Either  branch  of  the  city  council  may  Private Bittings 
by  special  vote  hold  private  sittings  for  the  consideration  ForL/a?""''' " 
of  candidates  for  election,  and  the  board  of  aldermen  may 
likewise  hold  private  sittings  for  the  consideration  of 
nominations  by  the  mayor,  but  ail  other  sittings  shall  l)e 
public,  and  all  votes  on  elections  and  on  continuation  of 
appointments  by  the  mayor  shall  be  taken  in  public.  At 
all  other  times  the  city  council  and  each  branch  thereof 
shall  sit  with  open  doors  and  shall  cause  the  journal  of  its 
proceedings  to  be  read  in  full  at  the  succeeding  meeting 
and  to  be  open  to  public  inspection. 

Section  16.     Xo  member   of  the  city  council   shall,  ^t*j"^c^o*i[ndfnot 
durino-  the  term  for  which  he  is  elected,  hold  any  other '"^oiJ  o"^" 

,  -^  .  omce,  etc. 

municipal  office,  or  be  employed  in  any  department  or 
otherwise  for  the  city,  or  furnish  to  the  city  or  any 
dejiartment  thereof  any  goods  or  merchandise,  or  act  as 
counsel  in  any  matter  before  the  city  council  or  any  com- 
mittee thereof,  or  any  department  of  the  city ;  and  no 
person  shall  be  eligible  for  appointment  or  election  to  any 
municipal  office  l)y  the  mayor  or  city  council  during  the 
time  for  which  he  was  chosen  a  member  of  the  city  council. 

Section  17.  Neither  the  city  council  nor  any  com- Not  to  take  pan 
mittee  or  member  thereof  shall  directly  or  indirectly  take  onabor°"e'ic!° 
part  in  the  employment  of  labor,  the  expenditure  of  public 
money,  the  making  of  contracts,  the  purchase  of  materials 
or  supplies,  the  construction,  alteration  or  repair  of  any 
public  works  or  other  property,  or  in  the  care,  custody  or 
manao'ement  of  the  same,  or  in  <;eneral  in  the  conduct  of 
the  executive  or  administrative  business  of  the  city,  except 
as  herein  required  in  providing  for  the  appointment  and 
removal  of  subordinate  officers  and  assistants,  and  as  may 
be  necessary  for  defraying  the  contingent  and  incidental 
expenses  of  the  city  council. 

Section  18.  [Form  One.]  All  votes  of  the  city  Appropriations, 
council  making  appropriations  or  loans  of  money  shall  be 
in  itemized  form,  and  when  brought  before  the  city 
council,  on  recommendation  of  the  mayor,  no  item  of  the 
appropriation  or  loan  in  excess  of  the  amount  so  recom- 
mended shall  be  passed  except  by  the  affirmative  votes  of 
two  thirds  of  the  members  of  the  city  council. 


3G0 


Acts,  1895.  — Chap.  32G. 


Approi)rintlon8, 
etc.    Form  2. 


rowers  and 
duties  of  city 
cri\incil. 
Form  1. 


Powers  and 
duties  of  city 
couucil. 
Form  2. 


City  ordinances, 
peualliea,  uLc. 


Mayor,  election, 
term,  etc. 


[Form  Two.]  All  votos  of  the  city  counril  makino; 
appropriations  or  loans  of  mono}'  shall  he  in  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  so  recommended  shall  be 
passed  except  by  the  affirmative  vote  of  two  thirds  of  the 
members  of  each  branch. 

Section  19.  [Form  One.]  Except  as  herein  other- 
wise provided  the  city  council  shall  in  general  have  and 
exercise  the  legislative  powers  of  towns  and  the  inhab- 
itants thereof,  and  all  the  powers,  other  than  executive, 
given  to  the  selectmen  of  towns,  and  shall  have  all  the 
powers  and  authority  given  to  city  councils  and  boards 
of  aldermen  of  cities  under  the  general  laws  of  the  Com- 
monwealth, and  shall  be  subject  to  the  duties  imposed 
upon  such  city  councils  and  Ijoards  of  aldermen. 

[Form  Two.]  Except  as  herein  otherwise  provided 
the  city  council  shall  in  general  have  and  exercise  the 
legislative  powers  of  towns  and  of  the  inhabitants  thereof, 
and  shall  have  all  the  powers  and  authority  given  to  city 
councils  under  the  general  laws  of  the  Commonwealth,  and 
be  subject  to  the  duties  imposed  on  city  councils  ;  and  the 
board  of  aldermen  shall  have  and  exercise  all  the  powers, 
other  than  executive,  given  to  selectmen  of  towns,  and 
shall  have  all  the  powers  and  authority  given  to  boards  of 
aldermen  of  cities,  and  shall  be  subject  to  the  duties  im- 
posed upon  such  boards. 

Section  20.  The  city  council  shall  have  power  within 
said  city  to  make  and  establish  ordinances  and  to  affix 
thereto  penalties  lor  the  violation  thereof,  as  herein  or  by 
general  law  provided,  without  the  sanction  of  any  court  or 
of  any  justice  thereof.  All  ordinances  ko  made  and  estab- 
lished shall  be  forthwith  published  in  one  or  more  news- 
papers designated  by  the  mayor,  and  they  shall,  unless 
they  contain  an  exi)ress  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  exi)iration 
of  thirty  days  from  the  date  of  such  api)roval. 

Section  21.  The  mayor  shall  be  elected  fiom  and  by 
the  qualified  voters  of  the  entiie  city.  He  shall  hold  office 
for  the  numicipal  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  for 
the  unexpired  term  and  until  his  successor  is  elected  and 
qualified. 


Acts,  1895.  — Chap.  32G.  361 

Section"  22.     [Form  One.]     In  case  of  a  vacancy  in  who  may  act  in 
the  office  of  mayor,  or  in  case  of  his  death,  resignation  or  etc.  ju  office  of' 
absence  from  the  Commonwealth,  or  of  his  inability  from  "^='>"''-  *oiini. 
other  cause  to  perform  the  duties  of  his  office,  the  president 
of  the  city  council  shall,  under  the  style  of  acting  mayor, 
exercise  the  powers  and  perform  the  duties   of  mayor, 
except  that  he  shall  not,  unless  authorized  thereto  in  a 
special  instance  by  the  city  council,  make  any  permanent 
appointment  or  removal  from  office ;  nor  shall  he,  unless 
such  disability  of  the  mayor  has  continued  at  least  nine 
days,  or  unless  the  office  of  mayor  has  become  vacant, 
have   power  to  approve    or   disapprove   any    ordinance, 
order,  resolution  or  vote  of  the  city  council. 

[Form  Two.]  In  case  of  a  vacancy  in  the  office  of  ^g'^e^oTvIcanV? 
mayor,  or  in  case  of  his  death,  resignation  or  absence  etc ,  in  office  of 
from  the  Commonwealth,  or  of  his  inability  from  other 
cause  to  perform  the  duties  of  his  office,  the  president  of 
the  board  of  aldermen  shall,  under  the  style  of  acting 
mayor,  exercise  the  powers  and  perform  the  duties  of 
mayor,  except  that  he  shall  not,  unless  authorized  thereto 
in  a  special  instance  by  the  city  council,  make  any  perma- 
nent appointment  or  removal  from  office ;  nor  shall  he, 
unless  such  disability  of  the  mayor  has  continued  at  least 
nine  days,  or  unless  the  office  of  mayor  has  become  va- 
cant, have  power  to  approve  or  disapprove  any  ordinance, 
order,  resolution  or  vote  of  the  city  council. 

Section  23.      [Form  One.]     The  mayor  shall  cause  to  omciai  records, 
be  kept  a  record  of  all  his  official  acts,  and  for  that  pur- 
pose and  to  aid  him  in  his  official  duties  he  may,  without 
the  confirmation  of  the  city  council,  appoint  a  clerk,  whose 
compensation  shall  be  fixed  by  the  city  council. 

[Form  Two.]     The   mayor  shall  cause  to  be  kept  a  official  recorda, 
record  of  all  his  official  acts,  and  for  that  purpose  and  to  ^'^'      '™"' 
aid  him  in  his  official  duties  he  may,  without  the  confirma- 
tion of  the  board  of  aldermen,  appoint  a  clerk,  whose  com- 
pensation shall  be  fixed  by  the  city  council. 

Section  24.  [Form  One.]  The  mayor  shall  appoint,  ^^'Po7'^,';"fi 
subject  to  confirmation  or  rejection  by  the  city  council,  all  cuy'officers. 
the  officers  of  the  cit}^  unless  their  election  or  appointment 
is  herein  otherwise  provided  for.  No  such  appointment 
made  by  the  mayor  shall  be  acted  upon  by  the  city  coun- 
cil until  the  expiration  of  one  week  from  the  time  when  it 
is  transmitted  to  the  board.  If  a  person  so  nominated  is 
rejected  the  mayor  shall  nominate  another  person  within 


362 


Acts,  1895.  — Chap.  326. 


Appointment, 
etc.,  of  certuiu 
city  oflicers. 
Form  2. 


Mayor  may 
suspend  city 
officers. 

Removal  of 
certain  city 
officers. 


Mayor  may 
suspaud  work, 
etc. 


To  consult 
Leads  of  de- 
parlmenta,  etc. 


ton  (lays  from  the  time  of  such  rejection,  and  shall  con- 
tinue to  do  so  until  the  vacancy  is  tilled,  unless  the  rejec- 
tion shall  in  the  meantime  be  rticonsidered  by  the  city 
council.  A  Domination  shall  be  so  made  within  ten  days 
after  a  vacancy  shall  occur,  whether  by  the  expiration  of 
the  term  of  office  of  the  previous  incumbent,  the  removal 
of  such  incum))ent  from  office,  his  death,  the  creation  of  a 
new  office,  or  in  any  other  way. 

[Form  Two.]  The  mayor  shall  appoint,  sul)ject  to 
confirmation  or  rejection  by  the  board  of  aldermen,  all  the 
officers  of  the  city,  unless  their  election  or  api)ointment 
is  herein  otherwise  provided  for.  No  such  ap})ointment 
made  by  the  mayor  shall  be  acted  upon  by  the  board  of 
aldermen  until  the  expiration  of  one  week  from  the  time 
Avhen  it  is  transmitted  to  the  board.  If  a  person  so  nom- 
inated is  rejected  the  mayor  shall  nominate  another  })er- 
son  within  ten  days  from  the  time  of  such  rejection,  and 
shall  continue  to  do  so  until  the  vacancy  is  filled,  unless 
the  rejection  shall  in  the  meantime  l)e  re^'onsidered  by  the 
board  of  aldermen.  A  nomination  shall  be  so  made  within 
ten  days  alter  a  vacancy  shall  occur,  whether  l)y  the  expi- 
ration of  the  term  of  office  of  the  previous  incumbent,  the 
removal  of  such  incumbent  from  office,  his  death,  the  cre- 
ation of  a  new  office,  or  in  any  other  wa}'. 

Section  25.  The  mayor  may  sus|)end  any  officer  of 
the  city  for  a  period  not  exceedinix  ten  days. 

Section  26.  Any  officer  ai)pointed  by  the  mayor 
may  be  removed  by  him  for  such  cause  as  he  shall  deem 
sutiicient  and  shall  assio;n  in  his  order  of  removal.  The 
removal  shall  take  ellect  upon  the  tilins:  of  the  order 
therefor  in  the  office  of  the  city  clerk,  and  the  service  of 
a  copy  of  such  order  upon  the  officer  removed,  either  j)er- 
sonally  or  at  his  last  and  usual  place  of  residence.  The 
city  clerk  shall  keep  such  order  on  file  and  subject  to 
public  inspection. 

Section  27.  The  mayor  may  suspend  any  work  or 
payment  for  a  period  not  exceedino;  seven  days,  but  in 
such  case  he  shall  immediately  lay  the  matter  before  the 
city  council  for  their  action. 

Section  28.  The  mayor  shall  as  often  as  once  in  each 
month  call  toirether  for  consultation  u))on  the  affiiirs  of  the 
city  tiie  heads  of  departments,  who  shall  at  such  times  and 
whenever  called  upon  furnish  such  information  relative  to 
their  respective  departments  as  he  may  request. 


Acts,  1895.  — Chap.  326.  3G3 

Section  29.  The  mayor  shall  annually  require  all  ;^"i"'^^^nt8 
boards  and  officers  intrusted  with  the  receii)t  and  expen- 
diture of  public  money  and  with  the  care  and  custody  of 
public  property  to  make  particular  and  detailed  statements 
thereof,  and  shall  cause  such  statements  to  be  published 
for  the  inforaiation  of  the  citizens. 

Section  30.  The  mayor  shall  in  the  month  of  January  Estimates  of 
in  each  year  cause  to  be  made  to  him  by  the  heads  of  de-  ^^i^^"****- 
partments,  and  by  all  other  officers  and  boards  having 
authority  to  expend  money,  detailed  estimates  of  the 
amounts  deemed  by  them  to  be  necessary  for  their  re- 
spective departments  for  the  financial  3ear,  and  he  shall 
transmit,  before  the  first  day  of  Fe])ruary,  such  esti- 
mates to  the  city  council,  recommending  appropriations 
for  each  department  or  purpose,  as  he  shall  deem  neces- 
sary therefor. 

Section  31.  The  mayor,  except  as  otherwise  provided  fract8'°ei'c"'to 
by  general  law  or  by  this  act,  shall  have  sole  power  to  be  signed  by 
sign,  seal,  execute  and  deliver  in  behalf  of  the  city,  deeds 
and  leases  of  lands  sold  or  leased  by  the  city,  and  other 
contracts  and  instruments  in  behalf  of  the  city.  AH  con- 
tracts made  in  behalf  of  the  city  in  which  the  amount  in- 
volved exceeds  three  hundred  dollars  shall,  in  order  to  be 
valid,  be  in  writing  and  so  signed. 

Section  32.  The  mayor  shall  be  the  chief  executive  Mayor  to  be 
officer  of  the  city,  and  the  executive  powers  of  the  city  etc!"  ^^®'''^^^®' 
shall  be  vested  in  him  and  l)e  exercised  by  him  either  per- 
sonally or  through  the  several  officers  and  boards  in  their 
respective  departments  under  his  general  supervision  and 
control.  The  mayor  shall  communicate  to  the  city  council 
such  information  and  shall  recommend  such  measures  as 
in  his  juilgnient  the  interests  of  the  city  shall  recjuire ; 
shall  cause  the  laws,  ordinances  and  orders  for  the  gov- 
ernmeat  of  the  city  to  be  enforced ;  and  shall  secure  an 
honest,  efficient  and  economical  conduct  of  the  executive 
and  administrative  business  of  the  city  and  the  harmonious 
and  concerted  action  of  the  difierent  administrative  and 
-executive  departments. 

Section  33.     There  shall  be  the  following  administra-  Administrative 
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 
the  general  laws,  as  the  city  council  may  j)rescril)e  :  —  1. 
A  city  clerk.     2.    A  city  treasurer,  who  shall  be  collector 


5GJ: 


Acts,  1895.  — Chap.  326. 


Administrative 
otlicers. 


Certnin  depart- 
ineuts  to  cuu- 
tiQue,  etc. 


Additional 
boards,  etc. 


Terms  of  office 
of  administra- 
tive ofBcers. 


Oaths,  bonds, 
etc.    Form  1. 


Oaths,  bonds, 
etc.    Form  2. 


of  taxes.  3.  A  city  auditor.  4.  A  city  solicitor.  5.  A 
board  of  three  assessors.  6.  An  overseer  of  the  poor. 
7.  A  board  of  health,  consisting  of  three  persons,  one  of 
whom  sliall  be  the  city  physician.  8.  A  superintendent 
of  streets.  9.  A  city  engineer.  10.  A  chief  of  })olice. 
11.  A  city  physician.  12.  A  chief  engineer  of  the  tire 
department.  13.  A  superintendent  of  the  water  works. 
The  city  clerk,  the  city  treasurer  and  the  city  auditor 
shall  be  elected  by  the  city  council.  All  other  adminis- 
trative officers  and  l)oard8  shall  be  appointed  l)y  the  mayor, 
sul)iect  to  confirmation,  except  as  hereinafter  provided. 

Section  34.  The  police  department,  fire  department, 
board  of  license  commissioners,  and  board  of  park  com- 
missioners shall  continue  as  now  established  by  law.  The 
public  library  shall  continue  as  now  established  l)y  law, 
except  that  the  trustees  now  elected  by  the  city  council 
shall  be  appointed  by  the  mayor,  sul)ject  to  confirmation 
as  provided  in  section  twenty-four. 

Section  35.  The  city  council  may  from  time  to  time, 
subject  to  the  provisions  of  this  act,  and  in  accordance 
with  the  general  laws,  provide  by  ordinance  for  the 
establishment  of  additional  boards  and  other  offices  ;  may 
determine  the  number  and  duties  of  the  incumbents  of 
such  boards  and  offices,  and,  for  such  purposes,  may  dele- 
gate to  such  boards  and  offices  the  administrative  })owers 
given  by  general  laws  to  city  councils  and  boards  of 
aldermen. 

Section  36.  The  term  of  office  of  every  administra- 
tive officer  shall  ])ogin  on  the  first  day  of  Fel)ruarv  suc- 
ceeding their  a})])ointmcnt  and  shall  continue  for  one  year 
and  until  their  respective  successors  are  appointed,  unless 
otherwise  provided  by  law  or  ordinance. 

Section  37.  [Form  One.]  All  administrative  officers 
shall  be  sworn  to  the  faithful  discharge  of  their  respective 
duties,  and  certificates  of  their  oaths  shall  be  kept  in  the 
office  of  the  city  clerk.  The  city  council  may  reciuire  any 
administrative  officers  entrusted  with  the  receij)t,  care  or 
disbursement  of  money,  to  give  bonds  with  such  security 
as  shall  be  approved  by  the  said  city  council,  for  the  faith- 
ful discharge  of  their  respective  duties. 

[Form  Two.]  All  administrative  ofiicers  shall  be  sworn 
to  the  faithful  discharge  of  their  respective  duties,  and 
certificates  of  their  oaths  shall  be  kept  in  the  office  of  the 
city  clerk.     The  city  council  may  require  any  administra- 


i 


Acts,  1895.  — Chap.  326.  365 

tive  officers  entrusted  with  the  receipt,  care  or  disburse- 
ment of  money  to  give  bonds  with  such  security  as  shall 
be  approved  by  the  board  of  aldermen,  for  the  faithful 
discharo'e  of  their  respective  duties. 

Section  38.  All  such  boards  and  other  officers  shall  «'=''*»' '■«<=o''d8- 
keep  a  record  of  their  official  transactions  u})on  books 
which  shall  be  furnished  to  them  by  the  city,  shall  be  its 
property,  and  shall  be  returned  by  them  to  the  city  clerk 
at  the  expiration  of  their  term  of  service.  Such  record 
shall  be  open  to  public  inspection. 

Section  39.     Administrative  boards  and  officers  having  Boards  ana 
charge  of  a  department  shall  have  the  power,  except  as  apiS™nd 
herein  otherwise  provided,  to  appoint  and  employ  and  to  dlna'ies.^eic?'^" 
discharoe  and  remove  all  subordinate  officers,  clerks  and 
assistants  in  their  respective  departments,  but  they  shall 
keep  a  record,  subject  to  inspection,  of  all  so  appointed 
and  employed,  and  of  all  discharged  and  removed,  and  in 
case  of  discharo;e  or  removal  of  the  grounds  therefor. 

Section  40.  Administrative  boards  and  officers  having  May  employ 
charge  of  a  department  shall,  within  their  respective  contracts,  etc. 
departments,  employ  all  labor,  make  and  execute  all 
necessary  contracts,  purchase  all  materials  and  supplies, 
have  the  entire  care,  custody  and  management  of  all 
public  works,  institutions,  buildings  and  other  property, 
and  shall  in  general  have  the  immediate  direction  and 
control  of  all  executive  and  administrative  business,  and 
they  shall  at  all  times  be  accountable  for  the  proper  dis- 
charge of  their  duties  to  the  mayor  as  chief  executive 
officer  of  the  city. 

Section  41 .    [Form  One. ]    Every  administrative  board,  ^^J^^!"^  to%ve 
through  its  chairman  or  a  meml:>er  or  officer  designated  by  informatiou 
the  board,  and  every  officer  having  charge  of  a  department,  upon  request, 
may  appear  l)efore  the   city  council,  and  at  its  request '''^' 
shall  appear  Ijefore  it,  and  give  such  information  as  it  may 
require  in  relation  to  any  matter,  act  or  thing  connected 
with  the  discharge  of  the  duties  of  such  board  or  office, 
and  the  olhcer  who  appears  shall  have  the  right  to  speak 
upon  all  matters  under  consideration  relating  to  his  depart- 
ment.    They  shall  answer  all  such  questions  as  may  be 
asked  by  members  of  the  council,  but  they  may  refuse  to 
answer  any  such  question  if  notice  thereof  has  not  been 
given  at  least  three  days  before  the  time  of  the  meeting, 
in  a  notice  book  to  be  provided  for  the  purpose  by  the 
city  clerk  and  kept  in  his  office,  unless  the  council  shall 


3GG 


Acts,  1895.  — Chap.  326. 


Boards  and 
Ollicers  to  give 
inlorniation 
to  cily  couucil 
upon  rcqnegt, 
etc.    Form  2. 


Appropriations, 

expuuditures, 

etc. 


School 
committee. 


Ori;anizalion, 
etc. 


Tote  that  the   question  is  of  such  urgency  or   of  such 
nature  that  it  should  be  answered  without  notice. 

[Form  Two.]  Every  admiuistrative  l)oard,  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  cither  branch  shall  appear 
before  it,  aud  give  such  information  as  it  may  require  in 
relation  to  any  matter,  act  or  thing  connected  with  the 
discharge  of  the  chities  of  such  board  or  office,  and  the 
officer  who  appears  shall  have  the  right  to  speak  upon  all 
matters  under  consideration  relating  to  his  department. 
They  shall  answer  such  questions  as  may  l)e  asked  by 
members  of  the  council,  but  they  may  refuse  to  answer 
any  such  question  if  notice  thereof  has  not  been  given  at 
least  three  days  before  the  time  of  the  meeting,  in  a  notice 
book  to  be  provided  for  the  i)urpose  In-  the  city  clerk  and 
kept  in  his  office,  unless  the  council  shall  vote  that  the 
question  is  of  such  urgency  or  of  such  nature  that  it 
should  be  answered  without  notice. 

Sectiox  4:2.  Xo  sum  appropriated  for  a  sjjecific  i)ur- 
pose  shall  be  expended  for  any  other  purpose,  and  no 
expenditure  shall  be  made  and  no  liability  incurred  by 
or  in  behalf  of  the  city  until  the  city  council  has  duly 
provided  funds  sufficient  to  meet  such  expenditure  or 
liability,  excei)t  that  after  the  expiration  of  the  financial 
year  and  before  the  making  of  the  regular  annual  appro- 
priations lial)ilitics  pa3'able  out  of  a  regular  appropriation 
may  be  incurred  to  an  amount  not  exceeding  one  sixth  of 
the  total  appro})riation  made  for  similar  purposes  in  the 
preceding  year. 

Section  4o.  The  management  and  control  of  the 
schools  of  the  city  shall  be  vested  in  a  school  committee, 
consisting  of  two  members  from  each  ward.  The  persons 
heretofore  elected  as  members  of  the  school  committee 
shall  continue  in  office  according  to  the  tenor  thereof.  At 
the  expiration  of  the  terms  for  which  they  are  chosen 
their  successors  shall  be  elected  and  shall  hold  office  for 
three  years  from  the  first  IMonday  in  January  following. 

Sectiox  44.  The  school  committee  shall  meet  on  the 
first  Monday  in  January  in  each  year  and  organize  by  the 
election  by  ballot  of  one  of  its  members  as  chairman  and 
by  the  election  of  a  clerk.  The  committee  shall  be  the 
judge  of  the  election  and  qualification  of  its  members  and 
shall  determine  the  rules  for  its  proceedings.     A  majority 


Acts,  1895.  — Chap.  326.  367 

of  the  whole  number  provided  to  he  elected  shall  consti-  Quorum, 
tute   a   quorum  for  the    transaction    of  business,    but  a 
smaller  number  ma}^  adjourn  from  time  to  time. 

Sectiox  45.  The  school  committee  shall  elect  a  super-  superintendent 
intendent  of  schools,  and  shall  appoint  such  other  subor-  °*  «'='^°''*«' *='<=• 
dinate  officers  and  assistants  as  it  may  deem  necessary  for 
the  proper  discharge  of  its  duties  and  the  conduct  of  its 
business ;  shall  define  their  terms  of  service  and  fix  their 
compensation,  and  may  remove  and  discharge  them  at 
pleasure. 

Sectiox  46.  The  school  committee  shall  have  the  Powers  and 
powers  and  discharge  the  duties  imposed  by  law  upon  committee?  °° 
school  committees,  and  shall  also  have  full  power  and 
authority  to  select  and  purchase  lands  for  school  purposes 
or  to  take  the  same,  and  determine  the  plans  of  all  school 
buildings  to  be  erected,  and  erect  the  same ;  to  order  all 
additions,  alterations  and  repairs  of  school  buildings  ;  and 
to  provide,  whenever  necessary,  temporary'  accommoda- 
tions for  school  purposes. 

Sectiox  47.     The  school  committee  shall  in  the  month  Estimate  of 

„  -P  .  ,  1        •  1  •  Bcliool  expenses. 

01  January  in  each  year  submit  to  tlie  mayor  an  estimate 
in  detail  of  the  amount  deemed  b}^  it  necessary  to  expend 
for  its  purposes  during  the  succeeding  financial  year,  and 
the  major  shall  transmit  the  same,  with  the  estimates  of 
the  departments,  to  the  city  council,  and  shall  recommend 
such  appropriations  as  he  shall  deem  necessary. 

Sectiox  4<S.  Unless  thereto  required  by  law  the  Liabilities  and 
school  committee  shall  cause  no  liability  to  be  incurred  ^^^''^  ""'^'^^" 
and  no  expenditure  to  be  made  for  any  purpose  beyond 
the  specific  appropriation  which  may  be  made  therefor  by 
the  city  council,  except  that  after  the  expiration  of  the 
financial  year  and  before  the  making  of  the  annual  appro- 
priations liabilities  payable  out  of  a  regular  appropriation 
ma}^  be  incurred  to  an  amount  not  exceeding  one  sixth  of 
the  total  of  the  appropriation  made  for  similar  purposes  in 
the  preceding  year. 

Section  49.     All  orders,  resolutions  and  votes  of  the  Kxpenditur 


ires 


school  committee  which  involve  the  expenditure  of  money  by  mayo'/."^'^'^ 
shall  be  presented  to  the  mayor  for  his  approval,  and 
thereupon  the  same  proceedings  shall  be  had  as  are  pro- 
vided by  law  in  relation  to  similar  orders,  resolutions  and 
votes  of  a  city  council. 

Sectiox  50.     The  removal  of  a  member  of  the  school  Kemovaifrom 

/.  ,  T     r,  I'll  1  ward  not  to 

committee  irom  the  ward  tor  which  he  was  elected  to  disqualify. 


368 


Acts,  1895.  — Chap.  326. 


Mayor  and  city 
council,  oaths 
on  otlice. 


Organization  of 
city  council. 
Porm  1. 


Organization  of 
city  council. 
Form  2. 


another  ward  in  the  city  shall  not  disqualify  him  from 
disc'hari>in<£  the  duties  of  his  office  for  the  remaiuder  of 
the  term  for  wliicii  he  was  elected. 

Section  51.  The  mayor  elect  and  the  city  council 
elect  shall  annually  on  the  first  Monday  in  January,  at 
ten  o'clock  in  the  forenoon,  meet  and  l^e  sworn  to  the 
faithful  discharge  of  their  duties.  The  oath  shall  be  ad- 
ministered by  the  city  clerk  or  by  any  justice  of  the 
peace,  and  shall  be  duly  certified  on  the  journals  of  the 
city  council.  In  case  of  the  absence  of  the  mayor  elect 
on  the  first  Monday  in  January,  or  if  a  mayor  shall  not 
then  have  been  elected,  the  oath  of  office  may  at  any  time 
thereafter  be  administered  to  him  in  the  presence  of  the 
council ;  and  at  any  time  thereafter  in  like  manner  the 
oath  of  office  may  be  administered  to  any  member  of 
the  council  who  has  been  previously  alisent  or  has  been 
subsequently  elected ;  and  every  such  oath  shall  be  duly 
certified  as  aforesaid. 

Section  52.  [Forai  One.]  Directly  after  the  oaths 
of  office  have  been  administered  the  city  council  shall 
meet  and  organize  by  the  election  by  ballot  of  a  j)rcsident. 
The  eldest  senior  member  present  shall  preside.  The 
city  council  shall  likewise  elect  by  ballot  a  city  clerk, 
who  shall  hold  office  for  the  municipal  year  and  until  his 
successor  is  elected  and  qualified.  The  city  clerk  shall  be 
sworn  to  the  faithful  discharoe  of  his  duties  in  the  pres- 
ence of  the  city  council  by  the  ])resident,  or  by  a  justice 
of  the  peace.  The  city  clerk  shall  also  be  the  clerk  of  the 
city  council,  shall  attend  its  sessions,  and  shall  keep  a 
record  of  its  proceedings,  and  shall  perform  such  further 
services  as  the  city  council  may  require.  The  president 
of  the  city  council  and  the  city  clerk  may  each  be  removed 
from  office  by  the  affirmative  votes  of  two  thirds  of  all 
the  members  of  the  city  council.  In  case  of  the  tempo- 
rary absence  or  disability  of  the  city  clerk  the  city  council 
may  elect  a  city  clerk  ])ro  tempore,  who  shall  be  duly 
sworn.  In  case  of  a  vacancy  in  the  office  the  same  shall 
be  filled  by  election  by  the  city  council. 

[Form  Two.]  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  ])resident. 
The  eldest  senior  member  present  shall  preside  until  a 
president  has  been  chosen.  The  two  branches  shall  by 
concurrent  vote  elect  by  ballot  a  city  clerk,  who  shall 


Acts,  1895.  — Chap.  326.  369 

hold  office  for  the  municipal  year  and  until  his  successor  organization  of 
is  elected  and  qualitied.  The  city  clerk  shall  also  be  the  Foim°2!°*'' ' 
clerk  of  the  board  of  aldermen  ;  but  in  case  of  delay  in 
the  election  of  a  city  clerk,  or  in  case  of  a  vacancy  in  the 
office,  the  board  of  aldermen  may  elect  a  temporary 
clerk,  who  shall  act  as  clerk  of  the  board  until  a  city  clerk 
is  chosen  and  qualitied.  The  city  clerk  shall  be  sworn  to 
the  faithful  discharge  of  his  duties  in  the  presence  of  the 
board  of  aldermen  I)y  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  j)resence  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  services  as  such  branch  may  require.  The  presi- 
dent of  the  board  of  aldermen  may  be  removed  from  office 
by  the  affirmative  votes  of  two  thirds  of  all  the  members 
of  said  board.  The  city  clerk  may  be  removed  by  the 
affirmative  votes  of  two  thirds  of  all  the  members  of  each 
branch  of  the  city  council.  The  president  and  clerk  of 
the  common  council  may  each  be  removed  by  the  affirm- 
ative votes  of  two  thirds  of  all  the  members  of  the  com- 
mon council.  In  case  of  the  temporary  absence  or 
disability  of  the  city  clerk  the  mayor  may,  with  the  con- 
sent of  the  board  of  aldermen,  appoint  a  city  clerk  pro 
tempore,  who  shall  be  duly  sworn.  In  case  of  a  vacancy 
in  the  office  the  same  shall  be  filled  by  concurrent  vote  of 
the  two  branches. 

Section  53.      TForm  One.l      The  city   council  shall  ^"7  ^'S^^^''^''" 

ij_i        111  1      I"  ^  -»«-         1  •  and  auditor, 

elect  by  ballot,  betore  the  hrst  Monday  in  February  of  the  election,  term, 
municipal  year,  a  city  treasurer,  who  shall  l^e  collector  of  *'"'' 
taxes,  and  a  city  auditor,  whose  terms  of  office  shall  begin 
on  the  first  Monday  in  February  and  shall  continue  for 
one  year.  In  case  of  a  vacancy  in  the  office  of  city  treas- 
urer or  city  auditor  the  same  shall  be  filled  by  election  by 
the  city  council.  The  city  treasurer  and  city  auditor  may 
each  be  removed  from  office  by  the  affirmative  votes  of 
two  thirds  of  all  the  members  of  the  city  council. 

[Form  Two.  1     The  two  branches  shall  by  concurrent  ^''7 1"'^-:'^"''^'' 

t         ij_i  iiij^ip  1         ^  -»«-         1  and  auditor, 

vote  elect  by  ballot,  before  the  hrst  Monday  in  February  election,  term, 
of  the  municipal  year,  a  city  treasurer,  who  shall  be  col-  ^''^*     °"" 
lector  of  taxes,  and  a  city  auditor,  whose  terms  of  office 
shall  begin  on  the  first  Monday  in  February  and  shall 


370  Acts,  1895.  — Chap.  326. 

continue  for  one  year.  In  case  of  a  vacancy  in  the  office 
of  city  treasurer  or  city  auditor  the  same  shall  l)e  lilled  by 
election  by  the  two  branches  by  concurrent  vote.  The 
city  treasurer  and  city  auditor  may  each  be  removed  from 
office  by  the  affirmative  votes  of  two  thirds  of  all  the  mem- 
bers of  both  branches. 
Repeal,  etc.  Sectiox  54.     All  acts  and  parts  of  acts  inconsistent 

witli  the  provisions  of  this  act  are,  so  far  as  the  same 
relate  to  or  affect  the  city  of  Lawrence,  hereby  repealed ; 
but  such  repeal  shall  in  no  case  revive  an  act  heretofore 
repealed,  nor  affect  the  general  laws  relating  to  the  license 
commissioners  or  the  park  commissioners,  nor  shall  the 
repeal  of  acts  or  annullmg  of  ordinances  inconsistent  here- 
with 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 
offence,  under  the  authority  of  any  act  so  repealed  or  of 
any  ordinance  founded  thereon. 
Io\l\!v^riT'^  'Sectiox  55.  This  act  shall  be  submitted  to  the  voters 
m  1895.^'''°"°°  ^^  ^^^®  ^^^y  °^  Lawrence  for  acceptance  at  a  special  election 
in  the  year  eighteen  hundred  and  ninety-five.  The  votes 
shall  l)e  taken  by  ballot  in  answer  to  the  following  ques- 
tions, which  shall  be  set  forth  upon  the  ballot  in  the  fol- 
lowing forms  :  —  (Mark  a  cross  in  the  square  at  the  right  of 
the  answer  you  wish  to  give.)  I.  Shall  the  act  of  the 
general  court  of  the  year  eighteen  hun- 
dred and  ninety-five  revising  the  charter 
of    the    city    of    Lawrence    be    accepted? 


YES. 


NO. 


YES. 

NO. 

II.  Shall  the  city  council  be  composed  of  a  single  body 
instead  of  a  board  of  aldermen  and  common  council? 
(If  in  favor  of  a  single  body,  answer  Yes  ; 
if  in  favor  of  both  a  board  of  aldermen  and 
a  connnon  council,  answer  No.)  If  a 
majority  of  the  voters  present  and  voting  at  such  election 
shall  answer  the  first  question  in  the  affirmative,  then  said 
act  shall  l)e  accepted  by  said  city  as  determined  by  the 
vote  upon  the  other  question.  If  they  shall  vote  in  the 
affirmative  upon  the  second  question,  then  sections  marked 
"Form  One"  shall  be  applicable  and  take  effect,  but  if 
the  vote  shall  be  in  the  negative,  then  sections  marked 
*'  Form  Two"  shall  take  effect.  In  case  there  shall  be  an 
equal  number  of  votes  upon  either  of  said  questions  it 
shall  be  held  that  the  same  is  answered  in  the  negative. 

Approved  April  30,  1S95. 


Acts,  1895.  — Chaps.  327,  328.  871 


An  Act  to  authorize  the  highland  street  railway  company  QJidp^^^l 

TO  ENTER  INTO  CONTRACTS  OF  PURCHASE    OR    LEASE    WITH    THE 
WORONOCO  STREET  RAILWAY  COMPANY. 

Be  it  enacted,  etc. ,  as  folloivs  : 

SectiOjST  1.     The   Highland  Street  Railway  Company  May  purchase  or 
may  purchase  or  lease  the  whole  or  part  of  the  property  etc.,  of  other 
and  franchise  of  the  Woronoco  Street  Eailway  Company,  company,  etc! 
or  the  Woronoco  Street  Railway  Company  may  purchase 
or  lease  the  whole  or  part  of  the  property  and  franchise 
of  the  Highland  Street  Railway  Company,  subject  to  the 
general  laws  relative  thereto,  upon  such  terms  as  may  be 
approved  by  a  majority  in  interest  of  the  stockholders  of 
both  corporations  at  meetings  called  for  the  purpose. 

Section  2.     The  purchasing  corporation  or  corporation  May  increase 
taking  the  lease,  in  order  to  meet  any  expenses  incurred  etc.' ""  "^'^  '■ 
under  this  act,  may  increase  its  capital  stock  and  issue 
bonds  not  exceeding  the  amount  of  such  capital  stock, 
secured  by  mortgage  of  the  whole  or  part  of  its  franchise 
and  property,  subject  to  the  general  laws  relative  thereto. 

Section  o.     The  purchasing  corporation  or  corporation  Motive  power. 
taking  the  lease,  may  use  on  its  own  railway,  or  on  the 
railway  purchased  or  leased  under  this  act,  any  motive 
power  other  than  steam :  provided,  that  the  motive  power  Proviso. 
used  by  it  in  any  city  or  town  shall  be  approved  by  the 
selectmen  or  board  of  aldermen  thereof. 

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

Approved  April  30,  1895. 

An  Act  to  incorporate  the  western  Hampshire  street  rail-  (7/^^79.328 
WAY  company. 

Be  it  enacted,  etc.,  as  follows: 

Section   1.     Lyman   D.  James,   Alvan  Barrus,  John  western  Hamp. 

shire  Street 

Olmsted,  John  C.  Hammond,  Austin  E.  Smith,  John  A.  Railway  com- 
Sullivan  and  Neurie  D.  Winter,  their  associates  and  sue-  ?ated.''"'°'^^"' 
cessors,  are  hereby  made  a  corporation  under  the  name  of 
the  Western  Hampshire  Street  Railway  Company ;  with 
all  the  powers  and  privileges  and  subject  to  all  the  duties, 
conditions  and  restrictions  set  forth  in  all  general  laws 
that  now  are  or  hereafter  may  be  in  force  relating  to  street 
railway  companies. 

Section    2.     Said    company    may    locate,     construct,  ^"Ji^/^uTt'^etc 
maintain  and  operate  its  railway  in  such  manner  as  may  miiway  in 

■*■  *^  certain  towns. 


372  Acts,  1895.  — Chap.  328. 

be  convenient  and  necessary,  in  part  upon  private  land 
and  u])on  streets,  highways  or  state  roads,  in  the  towns 
of  Willianisl)uro:,  Goshen,  Chestertield,  Worthiniiton, 
Huntinalon  and  (Jummiugton,  subject  to  the  a])proval  and 
under  the  control  of  the  selectmen  of  the  respective  towns, 
as  provided  by  general  law ;  and  subject  also  to  the 
approval  and  consent  of  the  ]\Lissachusetts  highway  com- 
mission as  to  any  part  of  said  railway  located  upon  a  state 
highway.  No  location  on  private  land  shall  exceed  tifty 
feet  in  width. 

of°prhateprop?      SECTION  3.     The  procccdiugs  for  the  fixing  of  the  route 

erty,  etc.  and  locatiou  of  said  railway   for  all  the  route  outside  of 

streets  and  highways,  and  for  the  taking  of  private  prop- 
erty and  for  the  determination  and  payment  of  damages 
therefor,  shall  be  similar  to  those  prescribed  by  general 
law  in  relation  to  railroads,  except  as  hereinafter  other- 
wise provided ;  but  if  upon  petition  of  the  directors  and 
after  notice  and  hearing  thereon,  as  jjrovided  in  section 
twenty-one  of  chapter  one  hundred  and  thirteen  of  the 
Public  Statutes,  the  selectmen  of  any  town  agree  with 
the  directors  as  to  an}-  proposed  extension  of  the  route  of 
said  railway  therein  which  is  in  part  located  on  private 
land,  and  the  selectmen  shall  sign  and  give  to  the  directors 
a  certificate  setting  forth  such  route ;  and  if  such  certifi- 
cate with  the  directors'  acceptance  thereof  in  writing  is 
recorded  in  the  registry  of  deeds  for  the  county  of 
Hampshire  within  thirty  days  after  the  date  of  said  cer- 
tificate, it  shall  be  deemed  the  true  location  of  the  tracks 
of  the  company  and  a  taking  of  the  private  lauds  therein 
indicated. 

Capital  etock.  Sectiox  4.  The  capital  stock  of  said  company  shall 
not  exceed  one  hundred  and  fifty  thousand  dollars,  except 
that  said  company  may  increase  its  capital  stock,  subject 
to  the  provisions  of  the  general  laws  relative  thereto. 

MayiBBuemort       Sectiox  5.     Said  com])any,  in  order  to  meet  exi)enses 

gage  bonds,  etc.    ,  i  • 

incurred  under  this  act,  mav  issue  bonds  not  exceedinsr 
the  amount  of  its  capital  stock,  and  payable  within  a 
period  not  exceeding  thirty  years  from  the  date  thereof, 
secured  by  mortgage  of  its  franchise  and  property,  subject 
to  the  general  laws  relative  thereto ;  and  in  such  mortgage 
may  reserve  to  its  directors  the  right  to  sell  or  otherwise 
in  due  course  of  Imsiness  dis])ose  of  pro})erty  included 
therein  which  may  become  unsuitable  for  use,  provided  an 
equivalent  in  value  is  substituted  therefor. 


Acts,  1895.  — Chap.  329.  373 

Section  6.     Said  company  may  transact  the  business  May  transact 

/.  •  <•  T  'i  IT  1  business  of  a 

or  a  common  carrier  of  goods  and  merchandise  and  may  common  carrier 
use  its  tracks  for  that  purpose,  provided  that  they  shall  *^^^°"'^'*'^'*'* 
not  be  so  used  in  any  town  until  the  town  has  authorized 
such  use  by  a  two  thirds  vote  of  the  voters  thereof  present 
and  voting  thereon  at  a  meeting  called  for  the  purpose. 

Sectiox  7.     Said  company  may  lease  its  road  to,  and  ^"sedTo  North- 
its  road  may  be  leased  by,  the  Northampton  Street  Eail-  ampton  street 
way  Company,  subject  to  the  general  laws  relative  thereto,  pauy.etc. 
upon  such  terms  as  may  be  approved  by  a  majority  in 
interest  of  the  stockholders  of  both  corporations  at  meet- 
ings called  for  the  purpose. 

Sectiox  8.     Said  company  may  acquire  by  purchase,  May  purchase 
and  hold  any  water  power  and  appurtenant  lands  for  the  lil."''  power, 
purpose  of  furnishing  motive  power  for  its  own  use  or  for 
the  use  of  any  connecting  street  railway. 

Section  9.     The  authority  herein  granted  shall  cease  as  Authority  to 
to  the  location  in  any  town  where  no  portion  of  the  pro-  certain  condi- 
posed  road  has  been  built  and  put  in  operation  at  the  end  ^'°°*' 
of  five  years  from  the  passage  of  this  act. 

Sectiox  10.     This  act  shall  take  effect  upon  its  passage. 

Apiyroved  April  30,  1895. 


Chap.329 


An  Act  to  authorize  the  hoosac  valley  street  railway 
company  to  coxstruct  and  operate  its  railway  in  the 
towns  of  avilliamstown  and  clarksburg. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Hoosac  Valley  Street  Railway  Com- May  construct 
pany  may  locate,  relocate,  construct,  maintain  and  oper-  railway  Vn '^  ^  ^ 
ate  its  railway,   with  single  or   double   tracks  and  with  certain  towns. 
suitable  turn-outs  and  switches,  in  such  manner  as  may  be 
necessary  and  convenient,  in  part  upon  i)rivate  land  and 
over  and  upon    streets   or   highways    in    North  Adams, 
Williamstown  and  Clarksburg,    subject  to    the   approval 
and  under  the  control  of  the  selectmen  of  the  respective 
towns,    as   provided  by  general  law.     No  location  upon 
private  land  shall  exceed  fifty  feet  in  width. 

Section  2.     The  proceedings  for  fixing  and  establish-  location, taking 

nil'  .of  private  prop- 

mg  the  route,  tor  the  location,  relocation  and  construction  erty,  etc. 
of  said  railway  over  all  the  route  lying  outside  of  the 
streets  and  public  highways,  and  for  the  taking  of  private 
property  and  for  the  determining  of  damages  therefor, 
shall   be   similar  to  those   prescribed  by  general  law  in 


37ti: 


Acts,  1895.  — Chap.  329. 


Capital  stock, 
etc.,  may  be 
increased. 


Proviso. 


relation  to  railroads,  except  as  herein  otherwise  provided ; 
but  if  upon  petition  of  the  directors  and  after  notice  and 
hearing  thereon,  as  provided  in  section  twenty-one  of 
chapter  one  hundred  and  thirteen  of  the  Public  Statutes, 
the  selectmen  of  any  town  ai^ree  with  the  directors  as  to 
any  proposed  extension  of  its  route  therein  which  is  in 
part  located  on  private  land,  and  the  selectmen  shall  sign 
and  give  to  the  directors  a  certificate  setting  forth  such 
route,  and  if  such  certificate  with  the  directors'  acceptance 
thereof  in  writing  is  filed  in  the  northern  Berkshire 
registry  of  deeds  at  Adams  a\  ithin  thirty  days  after  the 
date  of  said  certificate,  it  shall  be  deemed  the  true  location 
of  the  tracks  of  the  company  and  a  taking  of  the  private 
lands  therein  indicated. 

Sectiox  3 .  For  the  purpose  of  making  said  extension 
and  for  the  jn'oper  equipment  thereof  said  company  is 
hereby  authorized  to  issue  such  amounts  of  capital  stock 
and  bonds,  or  of  either,  in  addition  to  its  present  capital 
stock  and  in  addition  to  the  amount  of  bonds  authorized 
by  chapter  two  hundred  and  sixty-four  of  the  acts  of  the 
3'ear  eighteen  hundred  and  ninety-three,  as  the  board  of 
railroad  commissioners  may,  upon  investigation,  deem  and 
vote  to  1)6  reasonably  requisite  to  ])ay  for  the  cost  of  said 
extension  and  the  equipment  thereof:  jyrovidecl,  such 
additional  issue  of  stock  and  bonds  shall  not  exceed 
seventy-five  thousand  dollars.  The  vote  of  said  board 
determining  said  issue  shall  specify  the  respective  amounts 
of  stock  and  bonds  to  be  issued  for  the  respective  pur- 
poses to  which  the  proceeds  thereof  are  to  be  applied  ;  and 
said  company  shall  not  apply  said  proceeds  to  any  other 
purpose,  and  may  be  enjoined  from  so  doing  by  any  jus- 
tice of  the  supreme  judicial  or  superior  courts,  upon 
application  of  an}^  interested  party.  The  capital  stock 
herein  authorized  to  be  issued  may  be  subscribed  and  paid 
for  in  cash  at  par,  or  sold  at  public  auction,  as  said  board 
may  determine  ;  and  the  bonds  herein  authorized  to  l)e 
issued  may  be  either  registered  or  with  coupons  attached, 
bearing  interest  at  a  rate  not  exceeding  six  per  cent,  per 
annum,  and  for  a  term  not  exceeding  twenty  3'ears  from 
the  date  thereof;  and  to  secure  the  pa>Tiient  of  said  bonds 
with  the  interest  thereon  said  company  may  make  a  mort- 
gage of  its  railway  and  franchise  and  any  part  or  all  of 
its  property,  and  may  include  in  said  mortgage  property 
thereafter  to  be  acquired,  said  mortgage  to  be  upon  the 


Acts,  1895.  — Chaps.  330,  331.  375 

terms  set  forth  in  said  chapter  two  hundred  and  sixty-four 
and  to  be  security  also  for  any  bonds  issued  there  under. 

Section  4.     The  authority  herein  ^ranted  shall  cease  Authority  to 

.  ,  i-*i'j^i*~  ij-  cease  under 

m  any  town  where  no  portion  oi  tue  proposed  extension  certain  coudi- 
has  been  built  and  put  into  operation  at  the  end  of  two  '^'°"^' 
years  from  the  date  of  the  passage  of  this  act. 

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

Apinoved  April  30,  1895. 

Ax  Act  kelative   to   injuries   to   the  pkoperty  of  electric  r^i^f.y^  ^^0 

LIGHT  COMPANIES   AND   THE   UNLAAVFUL   DIVERSION    AND     USE    OF  "' 

ELECTRICITY. 

£e  it  enacted,  etc.,  as  follows: 

Whoever  unlawfully  and  intentionally  injures  or  de-  Penalty  for  un- 
stroys,  or  sutlers  to  be  injured  or  destroyed,  any  meter,  Irf^liectdciTyT" 
pipe,  conduit,  wire,  line,  post,  lamp  or  other  apparatus  enyl^tc°.  ^'"^' 
belonging  to  a  company  engaged  in  the  manufacture  or 
sale  of  electricity  for  lighting  purposes,  or  unlawfully  and 
intentionally  i)reventsan  electric  meter  from  duly  register- 
ing the  quantity  of  electricity  supplied,  or  in  any  way 
interferes  with  its  proper  action  or  just  registration,  or, 
without  the  consent  of  such  company,  unlawfully  and 
intentionally  diverts  any  electric  current  from  any  wire  of 
such  company,  or  otherwise  unlawfully  and  intentionally 
uses  or  causes  to  be  used,  without  the  consent  of  such 
company,  any  electricity  manufactured  or  distributed  by 
such  company,  shall  for  every  such  offence  be  punished  by 
fine  not  exceeding  one  hundred  dollars  or  imprisonment 
not  exceeding  one  year,  or  by  both  such  line  and  im- 
prisonment. Ajjproved  April  30,  1895. 

An   Act   to   authorize  the   town  of  melrose   to   make   an  njir/rr)  Q3I 

ADDITIONAL    WATER    LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Melrose,  for  the  purpose  of  Loln'^AXof^ 
extending  and  improving  its  system  of  water  works,  may  isys.' 
issue  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
fifty  thousand  dollars  in  addition  to  the  amount  which  it 
is  now  authorized  to  issue.  Such  bonds,  notes  and  scrip 
shall  bear  on  their  face  the  words,  Melrose  Water  Loan, 
Act  of  1895  ;  shall  be  payable  at  the  expiration  of  a  period 
not  exceeding  thirty  years  from  the  date  of  issue ;  shall 
bear  a  uniform  date  of  issue ;  shall  bear  interest  payable 


376 


Acts,  1895.  — Chap.  332. 


r.  S.29,  §9, 
to  apply. 


meat,  term,  etc. 


semi-annually  at  a  rate  not  exceeding  four  per  cent,  per 
annum,  and  bliall  be  signed  hy  the  treasurer  and  be 
countersianed  by  the  water  commissioners  of  said  town. 
Said  town  may  sell  such  securities  at  public  or  private 
sale,  but  none  of  said  bonds,  notes  or  scrip  shall  be  issued 
or  sold  except  in  compliance  with  a  vote  of  two  thirds  of 
the  legal  voters  of  said  town  present  at  a  meeting  legally 
called  for  that  purpose. 

Section  2.  The  provisions  of  section  nine  of  chapter 
twenty-nine  of  the  Public  Statutes,  in  so  far  as  they  relate 
to  interest  and  to  the  establishment  of  sinkins;  funds  for 
debts  payable  at  a  period  exceeding  ten  years,  shall  apply 
to  debts  created  under  the  authority  of  this  act. 

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

Approved  April  30,  1S95. 

ChCll).S3'2i  "^^    -^^"^    RELATIVE    TO    BOARDS    OP    HEALTH    IN    CITIES. 

Be  it  enacted,  etc.,  as  follows : 

fncmealxcclT      Sectiox  1.     In  cacli  city,  except  Boston,  there  shall  be 
BoBton, appoint-  appointed  by  the  mayor  subiect  to  confirmation  or  reiection 

mont.  term     <>lp..    ,,■,-,/.         t    •,  .      . 

by  the  board  ot  aldermen,  except  Avhere  other  provision 
is  made  in  the  city  charter,  a  l)oard  of  health,  consisting 
of  three  members,  who  shall  hold  office  for  the  term  of 
three  years  from  the  first  ]\Ionday  in  February  next  suc- 
ceeding their  appointment,  one  of  whom  shall  be  a  doctor 
of  medicine.  They  shall  not  be  members  of  the  city 
council.  If  such  boards  are  not  already  in  existence, 
appointments  shall  be  made  as  herein  provided  of  three 
persons,  one  for  the  term  of  one  year,  one  for  the  term  of 
two  years  and  one  for  the  term  of  three  years  ;  and  there- 
after one  member  shall  be  ap])()inted  annually  for  the  term 
of  three  years  from  the  first  jNlonday  in  February  next 
succeeding  such  appointment.  IMembers  of  existing  beards 
shall  continue  to  hold  oflicc  until  the  ajipointment  of  a  new 
board  in  accordance  with  the  provisions  of  this  act.  All 
vacancies  shall  be  filled  by  api)ointment  for  the  unex]^ired 
term  as  above-provided.  Each  meml)er  so  appointed  shall 
be  subject  to  removal  by  the  mayor  for  cause,  and  shall 
receive  such  compensation  as  the  city  council  shall  fi-om 
time  to  time  determine. 

Section  2.  Section  eight  of  chapter  eighty  of  the 
Public  Statutes  is  hereby  re[)ealed. 

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

Ap)proced  April  30,  1S95. 


Vacancies. 


Repeal. 


Acts,  1895.  — Chaps.  333,  334.  377 


An  Act  to  authorize  the  town  of  marblehead  to  make  an  (JJiap.333 

ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Marblehead,  for  the  purposes  warbiehead 
mentioned  in  chapter  three  hundred  and  twenty-five  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-six  and 
acts  in  amendment  thereof,  is  hereby  authorized  to  issue 
notes,  bonds  or  scrip,  to  be  denominated  on  the  face 
thereof,  Marblehead  Water  Loan,  to  an  amount  not  ex- 
ceeding fifteen  thousand  dollars  in  addition  to  the 
amounts  heretofore  authorized  by  law  to  be  issued  by 
said  town  for  the  same  purposes ;  said  notes,  bonds  or 
scrip  to  be  issued  upon  the  same  terms  and  conditions 
and  with  the  same  powers  as  are  provided  in  said  acts  for 
the  issue  of  the  Marblehead  water  loan  by  said  town. 

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

Approved  Ajyril  30,  1895. 

An  Act  to  provide  for  the  laying  out  and  construction  of  njinjy  334 
certain  highways  in  the  city  of  boston.  "' 

Be  it  enacted,  etc.,  as  foHoivs : 

Section  1.     The  city  treasurer  of  the  city  of  Boston,  May  issue  bonds 

.  J,  .'',.■,.  .      ^  .  .      for  construction 

to  pay  the  expenses  incurred  m  laying  out  or  construct-  of  certain  high- 
ing  Blue  Hill  avenue,  Columbus  avenue,  Commonwealth  ^^^^' 
avenue  and  Huntington  avenue,  in  said  city,  heretofore 
laid  out  by  the  board  of  street  commissioners  of  said  city 
under  the  authority  of  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one  and  acts  in  amendment  thereof  and  in  addition  thereto, 
or  under  other  special  acts,  shall  from  time  to  time  issue 
and  sell  negotiable  bonds  of  said  city  to  an  amount  not 
exceeding  two  million  five  hundred  thousand  dollars. 

Section  2.      Said  bonds    shall    bear  interest  payable  Not  to  be 
semi-annually  on  the  first  days  of  January  and  July  of  determining 
each  year;    shall  be  registered  or  with  interest  coupons ''®'''''""'®'°' 
attached,  be  sold  and  disposed  of  in  such  manner  and  at 
such  times  and  prices  and  in  such  amounts  and  at  such 
rates  of  interest,  not  exceeding  four  per  cent,  per  annum, 
and  for  such  terms,  not  less  than  thirty  nor  more  than 
forty  years,   as  said  treasurer  with  the  approval    of  the 
mayor  shall    determine,   and   shall   not   be    reckoned   in 
determining  the  limit  of  indebtedness  of  said  city. 


378 


Acts,  1895.  — Chap.  335. 


Proceeds  of 
bonds. 


Proviso. 


Costs  of  con- 
struction, etc. 


Sinking  funds. 


Section  3.  Said  treasurer  shall  hold  the  proceeds  of 
said  bonds  in  the  treasury  of  said  city  and  pay  therefrom 
the  expenses  aforesaid :  p)ovided,  however^  that  he  shall 
l)ay  over  to  the  board  of  sinking  funds  commissioners  of 
said  city  any  premiums  received  by  him  in  the  sale  of  said 
bonds,  and  said  commissioners  shall  place  all  amounts  so 
])aid  by  said  treasurer  in  a  sinking  fund  for  the  payment 
of  the  bonds  hereby  authorized. 

Section  4.  The  costs  incurred  in  carrying  out  any 
order  of  the  board  of  street  commissioners  of  said  city 
relating  to  the  laying  out  or  constructing  of  any  public 
way  aforesaid  shall  be  determined  in  accordance  with  the 
acts  authorizing  such  laying  out  or  constructing,  and  said 
cost  shall  be  repaid  to  said  city  in  the  manner  prescribed 
in  said  acts,  and  sinking  funds  shall  be  established  and 
maintained  on  issuing  the  bonds  aforesaid,  as  prescribed 
in  said  chapter  three  hundred  and  twenty-three  and  acts 
in  amendment  thereof  and  in  addition  thereto. 

Section  5.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  April  30,  1895. 


ChCip.335  ^^   ^^"^   "^^  AUTHORIZE   FIRE   DISTRICT  NUMBER  ONE  IN  GREENFIELD 

TO   IN'CREASE   ITS   WATER   SUPPLY. 


May  take 
certain  water, 
lands,  etc. 


May  erect 
buildings,  lay 
down  pipes,  etc. 


Be  it  enacted,  etc.,  as  foUoivs : 

Section  1 .  Fire  District  Number  One  in  the  town  of 
Greenfield,  for  the  purpose  of  furnishing  an  additional 
water  supply  for  itself  and  the  inhabitants  of  the  towns  of 
Greenfield  and  Deerfield,  for  the  extinguishment  of  fires 
and  for  domestic  and  other  purposes,  may  take,  by  i)ur- 
chase  or  otherwise,  and  hold  the  water  of  Green  river  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  ])roper  dams,  build- 
ings, fixtures  and  other  .structures,  and  may  make  excava- 
tions, procure  and  operate  machinery  and  provide  such 
other  moans  and  appliances  as  may  be  necessaiy  for  the 
establishment  and  maintenance  of  a  puni])ing  station  and 
complete  and  effective  water  works  ;  and  may  construct 
and  lay  down  conduits,  })ipes  and  other  works  under  or 
over  any  lands,  water  courses,  or  public  or  i)rivate  ways, 


Acts,  1895.  — Chap.  335.  379 

and  along  any  such  way  in  such  manner  as  not  unneces- 
sarily to  obstruct  the  same ;  and  for  the  purpose  of  con-  May  dig  up 
structing,  maintaining  and  repairing  such  conduits,  pipes  directkTn  of 
and  other  works,  and  for  all  proper  purposes  of  this  act,  ^«^'«'=*'"«°- 
said  tire  district  may  dig  up  any  such  lands,  and,  under 
the  direction  of  the  board  of  selectmen  of  the  town  in 
which  any  such  ways  are  situated,  may  enter  upon  and 
dig  up  any  such  ways  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  on  such  ways. 

Section  2.  Said  iire  district  shall,  within  sixty  days  Description  of 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  recorded.'' 
water  sources  or  easements  as  aforesaid,  otherwise  than 
by  lease  or  purchase,  file  and  cause  to  be  recorded  in  the 
registry  of  deeds  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  pru- 
dential committee  of  said  fire  district. 

Sectiox  o.  Said  fire  district  shall  pay  all  damages  Damages, 
sustained  by  any  person  in  property  by  the  taking  of  any 
land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  hy  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  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  appli- 
cation for  assessment  of  damao-es  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  distribute  the  water  Distribution  of 
through   said   towns    of    Greenfielcl   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  5.     Said  fire  district  shall  exercise  the  rights.  Powers  and 
powers  and  authority  given  by  this  act,   subject  to  the  district, 
duties,  liabilities  and  restrictions  herein  contained,  in  such 


380  Acts,  1895.  —  CiiArs.  336,  337. 

manner  and  bv  such  agonts  and  officers  as  said  district 
shall  from  time  to  time  determine. 
Penalty  for  Sectiox  ().     WhocvBr  wilfullv  Or  wantonlv  corrupts, 

corruption  or  .  n     i  ^  " 

water,  etc.  poHutcs  or  diverts  any  of  the  waters  taken  or  hekl  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  tire  district  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  lire  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  Avanton 
acts  shall  be  punished  by  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 

Additional  Sectiox  7.     The  powcrs  specified  in  this  act  shall  be 

powers.  ,  i  i 

held  to  be  in  addition  to  all  powers  heretofore  granted  to 
said  fire  district. 

Section  8.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  April  30,  1S95. 

Chan.Ooi)  -^^  ^CT  to  authorize  the  EDISOX  electric  ILLU^nXATIXG  COM- 
PANY OV  BROCKTON  TO  EXTEND  ITS  PIPES,  MAINS,  CONDUITS  OR 
WIRES   INTO   CERTAIN  TOWNS. 

Be  it  enacted,  etc.,  as  folloivs : 
Mayextendits        Sectiox  1.     The  Edisou  Elcctric   Illuminatinfif  Com- 

pipes,  etc,  into  ,^t«i  -i  i  i-tj  j^i   -i' 

certain  towns,  pauy  01  Brocktou  IS  hereby  authorized  to  extend  its  pipes, 
mains,  conduits  or  wires,  subject  to  the  provisions  of  sec- 
tion three  of  chapter  one  hundred  and  nine  of  the  Public 
Statutes,  into  the  towns  of  Holbrook,  Eandolph,  Easton, 
Avon,  East  BridgeWater  and  West  Bridgewater,  and  to 
furnish  the  inhabitants  of  said  towns  with  electricity  for 
light  and  power. 

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

Approved  April  30,  1S95. 

CJlCW.'Vdl  -^^  ^CT  TO  PROHIBrr  THE  SALE  OP  INTOXICATING  LIQUOR  ON  THE 
TWENTY-SECOND  DAY  OF  FEBRUARY  AND  THE  FOURTH  DAY'  OF 
JULY. 

Be  it  enacted,  etc.,  as  folloivs : 
188S,  254.  to  ap.        Section  1.      The  provisions  of  chapter  two  hundred 

ply  to  I-  c-bruary  ,,  ^  'ij  i  ii  i 

22  and  July  4.  and  fittv-tour  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  are  hereby  extended  so  as  to  apply  to  the 
twenty-second  day  of  February  and  the  fourth  day  of 
July. 

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

Approved  April  30,  lS9o. 


Acts,  1895.  — Chaps.  338,  339.  381 


An  Act  to  authorize  cities  to  i-kovide   for  the   inspection  QJiap^^^Q 

01<-  ICE,  AND  TO  PREVENT  THE  SALE  OF  IMPURE  ICE. 

Be  it  enacted,  etc.,  as  follows: 

Cities  may  make  ordinances  to  secure  the  inspection  of  gafj'on'ce  in°*^ 
ice  sold  within  their  limits  and  to  prevent  the  sale  of  cities. 
impure  ice,  and  they  may  establish  penalties  for  the  viola- 
tion of  such  ordinances,  not  exceeding  twenty  dollars  for 
each  ofi'ence.  Approved  Ajyril  30,  1895. 


(7Aa29.339 


An  Act  to   authorize  the   citv  of  pittsiteld  to   refund  a 
portion  of  its  avater  debt. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.  The  city  of  Pittsfield,  for  the  purpose  of  [j^'/^fl'^ctTf^" 
renewing  and  paying  certain  water  notes  to  the  amount  of  isyo-' 
ninety  thousand  dollars  issued  by  the  town  of  Pittsfield  on 
account  of  the  fire  district  in  said  town,  under  the  pro- 
visions of  chapter  forty-four  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-five,  and  made  payable  hj  the  terms 
thereof  on  the  first  day  of  September  in  the  year 
eighteen  hundred  and  ninety-five,  is  hereb}^  authorized  to 
issue  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
ninety  thousand  dollars.  Such  bonds,  notes  or  scrip  shall 
bear  on  the  face  thereof  the  words,  Pittsfield  Water  Loan, 
Act  of  1895,  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  the  date  of  issue,  and 
shall  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  six  per  cent,  per  annum.  Said  city  shall  pro- 
vide by  the  terms  of  said  l)onds,  notes  or  scrip  that  at  least 
three  thousand  dollars  shall  be  due  and  payable  upon  the 
principal  thereof  each  year.  ^ 

Section  2.     The  city  council  of  said  city  may  by  vote  Payment  of 
determine  that   the  principal  and  interest  of  any  bonds 
issued  under  the  provisions  of  the  preceding  section  shall 
be  payable  in  gold  coin  ecjual  to  present  value  in  fineness 
and  weight. 

Section  3.     This  act  shall  take  efl:ect  upon  its  accept-  ^^^T  ^° ''*''^ 
ance  by  a  two  thirds  vote  of  all  the  members  of  each 
branch  of  the  city  council  of  said  city,  taken  by  yeas  and 
nays  and  approved  by  the  mayor. 

Ap)proved  April  30,  1893. 


382 


Acts,  1895.  — Chap.  310. 


Affaire  of  cer- 
tain corpora- 
tions may  be 
closed,  etc. 


Chcin.34:0  ^^  -^^"^  RELATIA-E  to   the   CLOSING   OF    THE    AEKAIKS   OK   CERTAIN 
FRATERNAL   BENEFICIARY   AND   ASSESSMENT   COIU'ORATIONS. 

Be  it  enacted,  etc.,  asfoUoius: 

Section  1.  Whenever  any  Massachusetts  corporation 
subject  to  the  provisions  of  chapter  four  hundred  and 
twenty-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  shall,  after  an  existence  of  one  year  or  more,  have 
a  ineml)ership  of  less  than  five  hundred,  or  whenever  any 
Massachusetts  corporation  subject  to  the  provisions  of 
chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four  shall,  after  a  like 
existence,  have  a  membership  of  less  than  one  hundred,  or 
upon  the  request  of  the  president  or  secretary  of  any 
Massachusetts  corporation  subject  to  the  provisions  of 
either  of  said  chapters,  the  insurance  commissioner  may 
present  the  facts  in  relation  to  the  same  to  any  justice  of 
the  supreme  judicial  or  superior  courts.  Said  justice  shall 
tliereupon  notify  the  officers  of  such  corporation  of  a  hear- 
ing, and  unless  it  then  appears  that  some  special  and  good 
reason  exists  why  the  corporation  should  not  be  closed  the 
insurance  commissioner  or  some  suitable  person  shall  be 
appointed  receiver  of  such  corporation,  and  shall  proceed 
at  once  to  take  possession  of  its  books,  papers,  moneys 
and  other  assets,  and  shall  forthwith,  under  the  direction 
of  the  court,  proceed  to  close  its  aflairs  and  to  distribute 
its  funds  to  those  entitled  thereto.  For  this  service  the 
receiver  may  be  allowed  out  of  any  funds  in  possession  of 
the  corporation,  or  which  may  come  into  his  hands,  such 
sum  as  the  court  may  determine  to  be  just  and  reasonable. 
In  case  such  corporation  is  not  possessed  of  sufficient  funds 
to  pay  the  expenses  of  closing  the  same  as  allowed  by  the 
court,  such  expenses  shall  be  paid  by  the  treasurer  of  the 
Commonwealth  out  of  the  excess  receipts  of  the  insurance 
department  over  and  al)ove  the  cost  of  carrying  on  said 
department.  When  the  affairs  of  the  corporation  shall  be 
finally  closed  the  court  may  decree  a  dissolution  of  the 
same. 

Section  2.  Hereafter  no  corporation  organized  under 
certain  coipora-  the  provisious  of  cliaptcr  three  hundred  and  sixty-seven 
ions  may  o      ^^  ^^^^  ^^^^  ^^^  ^^^^  ^^^^  eighteen  hundred  and  ninety-four 

shall  commence  to  do  business  or  issue  any  certiticate 
until  it  has  presented  satisfactory  evidence  to  the  insur- 
ance commissioner  and  received  his  certification  that  it  has 


Conditions 
under  which 


I  may 
busiuees. 


Acts,  1895.  — Chaps.  341,  342.  383 

obtained  not  less  than  five  hundred  bona  fide  applications 
for  membership,  nor  until  it  has  deposited  as  a  part  of  its 
emergency  fund  with  the  treasurer  of  the  Commonwealth 
at  least  one  thousand  dollars  in  securities  authorized  hy 
section  eight  of  said  chapter  three  hundred  and  sixty- 
seven. 

Section  3.     The  foreo-oing  provisions  shall  not  apply  Not  to  apply  to 

,  !•      I  11  n    •   '^  ^'  J.-  !•!  /•  -^     certain  corpora. 

to  any  iraternal  beneficiary  corporation  which  confines  its  tions. 
membership  to  the  employees  of  tow^ns,  cities,  or  of  the 
Commonwealth,  or  of  a  designated  firm,  business  house 
or  corporation,  or  to  the  residents  of  any  one  town  or 
city. 

Section  4.     This  act  shall  take  efiect  on  the  first  day  To  take  effect 
of  July  in  the  year  eighteen  hundred  and  ninety-five.  "  y  i.i  ^^• 

Approved  April  30,  1895. 

An  Act  to  provide  for  the  rebuilding  of  the  easterly  abut-  ni^riyi  QJ."! 

MENT  OF  ROCKS  BRIDGE  OVER  THE  MERRIMAC  RIVER.  ^ 

-Be  it  enacted  etc.^  as  follows : 

Section  1 .     The  county  commissioners  for  the  county  Portion  of 
of  Essex  are  hereby  authorized  and  recjuired,  within  six  o'\^e'r''Merr1mac 
months  after  the  passage  of  this  act,  to  rebuild  the  easterly  re^uii^  ^^ 
abutment  of  Kocks  bridge  over  the  ]\Ierrimac  river.     The 
cost  of  rebuilding  said  abutment  shall  not  exceed  three 
thousand  dollars  and  shall  be  paid  from  the  treasury  of 
said  county ;  and  said  commissioners  may  borrow  tem- 
porarily upon  the  credit  of  said  county   such  sums  of 
money  as  may  be  required  to  carr}-  out  the  provisions  of 
this  act. 

Section  2.     This  act  shall  take  eff'ect  upon  its  passage. 

Ap2)roved  April  30,  1895. 

An  Act  to  authorize  the  town  of  w^estfield  to  increase  its  /^7,^^  Q49 

WATER  SUPPLY  AND   MAKE   AN  ADDITIONAL  WATER  LOAN.  ^  '        "^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  town  of  Westfield,  for  the  purpose  of  May  take  certain 

•T  1  T-j-  1  1  n  n  ■,       ^       ^     ^  -    waters,  lands, 

providing  an  additional  supply  of  water  for  the  use  of  said  etc. 
town  and  its  inhabitants,  as  authorized  by  chapter  three 
hundred  and  twenty-two  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-three  and  acts  in  amendment  thereof, 
may  from  time  to  time  take  and  hold,  by  purchase  or 
otherwise,  and  convey  to  any  part  of  said  town,  the  waters 
of  any  ponds,  springs,  streams,  artesian  or  driven  wells, 


38d 


Acts,  1895.  — Chap.  312. 


May  erect 
reservoirB,  lay 
down  pipes,  etc, 


Description  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


or  filter  galleries,  within  the  limits  of  said  town  of  "West- 
field,  and  the  water  rights  and  water  sources  connected 
therewith  ;  also  the  waters  of  Munn's  brook  in  Granville 
and  the  waters  of  any  streams,  springs  and  water  sources 
within  the  watershed  of  said  Munn's  brook  and  its  trib- 
utaries and  confluents,  and  all  water  rights  connected 
therewith ;  and  may  from  time  to  time  take  and  hold  as 
aforesaid  any  lands,  property,  rights  of  way  and  ease- 
ments that  may  be  necessary  or  proper  for  holding,  stor- 
ing, conveying,  distributing  and  preserving  the  purity  of 
any  of  the  waters  aforesaid  and  for  eiiectually  carrying 
out  the  objects  of  this  act ;  and  may  erect  on  any  lands  so 
taken  proper  dams,  reservoirs,  storage  basins,  fixtures, 
structures,  machinery  and  apparatus,  may  make  such 
excavations  and  embankments  and  provide  such  other 
means  as  may  be  necessary  or  advisable  for  said  purposes, 
and  may  construct  and  lay  down  such  conduits,  canals, 
pipes  or  other  works,  under,  through  or  over  any  lands, 
water  courses,  railroads  and  i)ublic  or  private  ways  in  said 
Westfield  and  in  such  other  towns  as  may  be  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.  Said  town  shall,  within  ninety  days  after 
the  taking  of  any  lands,  rights  of  way,  water  rights,  water 
sources  or  easements  as  aforesaid,  otherwise  than  hy  i:)ur- 
chase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  in  which  the  same  are  situated  a 
description  thereof  sufiiciently  accurate  for  identification, 
with  a  statement  of  the  [)urpose  for  which  the  same  were 
taken,  signed  l)y  the  water  commissioners  of  said  town. 

Section  o.  Said  town  shall  i)ay  all  damages  sustained 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  lands,  rights  of  way,  water,  water  source,  water 
rights  or  easements,  or  by  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  or  cor- 
poration sustaining  damages  as  aforesaid  under  this  act, 
who  fails  to  agree  with  said  town  as  to  the  amount  of 
damages  sustained,  may  have  the  damages  assessed  and 
determined  in  the  manner  provided  Ijy  law  when  lands 
are  taken  for  the  laying  out  of  highways,  on  api)licati()n 
at  any  time  within  the  period  of  three  years  IVom  the 
taking  of  such  land  or  other  prcjpcrty  or  the  doing  of  other 


Acts,  1895.  — Chap.  342.'  385 

injuiy  under  the  authority  of  this  act ;  but  no  such  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
3'ears.  No  application  for  the  assessment  of  damages 
shall  be  made  for  the  taking  of  any  water  or  water  rights 
or  for  any  injury  thereto  until  the  water  is  actually  with- 
drawn or  diverted  by  said  town  under  the  authority  of 
this  act. 

Section  4.  In  every  case  of  a  claim  for  damages,  as  Town  may  ten. 
provided  herein,  the  town  may  tender  to  the  complainant  Bum%\c!"*^*^'^ 
or  his  attorney  any  sum  that  it  shall  think  proper,  or  may 
brhig  the  same  into  court  to  be  paid  to  the  complainant 
for  the  damages  by  him  sustained  or  claimed  in  his  peti- 
tion ;  and  if  the  complainant  shall  not  accept  the  same, 
with  the  costs  up  to  that  time,  but  shall  proceed  in  the 
suit,  he  shall  he  entitled  to  his  costs  up  to  the  time  of  the 
tender  or  such  payment  into  court,  and  not  afterwards, 
unless  he  shall  recover  greater  damages  than  were  so 
offered;  and  said  town  shall  be  entitled  to  recover  its 
costs  afterwards  unless  the  complainant  shall  recover 
greater  damages  than  were  so  offered. 

Section  5.  Said  town  may,  for  the  purpose  of  paying  westfiew water 
the  necessary  expenses  and  liabilities  incurred  under  the  1895.' 
provisions  of  this  act,  borrow  money  from  time  to  time 
and  issue  therefor  negotiable  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  in  the  aggregate  one  hundred  thou- 
sand dollars ;  such  bonds,  notes  or  scrip  shall  be  signed 
by  the  treasurer  of  said  town  and  countersigned  by  the 
chairman  of  the  board  of  water  commissioners,  and  shall 
be  denominated  on  the  face  thereof,  AVesttield  "Water 
Loan,  Act  of  1895,  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,  per  annum,  as  said  town  may  determine.  Said 
town  may  sell  such  securities  at  pul)lic  or  private  sale,  or 
pledge  the  same  for  not  less  than  the  par  value  thereof  for 
money  borrowed  for  the  purposes  aforesaid,  upon  such 
terms  and  conditions  as  it  may  deem  proper,  and  may 
make  payable  annually  a  fixed  proportion  of  the  princi- 
pal of  said  bonds,  notes  or  scrip ;  and  said  town  shall 
raise  annually  by  taxation  the  amount  required  to  meet 
such  interest  and  the  proportion  of  the  principal  payable 
annually. 

Section  6.     If  any  person  shall  use  any  of  said  water  Penalty  for 
taken  or  obtained  under  this  act  without  the  consent  of  water,  etc. 


3S6  Acts,  1895.  — Chap.  343. 

said  town,  or  shall  wantonly  or  maliciously  divert  the 
water  or  an}'  i)art  thereof  so  taken  or  obtained,  or  eorru})t 
the  same,  or  render  it  ini})ure,  or  destroy  or  injure  any 
dam,  aqueduct,  pipe,  conduit,  hydrant,  machinery  or  other 
works  or  property  held,  owned  or  used  by  said  town 
under  the  authority  and  for  tlie  purposes  of  this  act,  he 
shall  forfeit  and  pay  to  said  town  three  times  the  amount 
of  damages  assessed  therefor,  to  be  recovered  in  an  action 
of  tort ;  and  on  conviction  of  either  of  the  wanton  or 
malicious  acts  aforesaid  may  be  punished  by  a  fine  not 
exceeding  three  hundred  dollars  or  imprisonment  in  jail 
not  exceeding  one  year. 
Certain  rightB,        Section  7.     This  act  sliall  not  abridge  any  riahts  here- 

etc,  not  .  ,  .— '  J         !- 

abridged.  toforc  gTautcd  to  said  town  in  respect  to  its  water  su})ply  ; 

and  the  powers  si)ecified  in  this  act  shall  be  held  to  be  in 
addition  to  all  powers  heretofore  granted. 
!^'J.'^.'/"?r'r]'*''       Section   8.     The  water   commissioners  of  said  town 
aud  powers.       ^;hall  liavc  and  exercise,  in  relation  to  the  further  water 
supply  and  rights  authorized  and  granted  l)y  the  provi- 
sions of  this  act,  similar  rights  and  powers  to  those  now 
vested  in  and  exercised  by  them  relative  to  the  existing 
water  supply  of  said  town. 
i^ishts  of  town        Section  D.     This  act  shall  not  abridge  or  affect  any 
affected.    ''       Hghts  of  thc  towu  of  Granville  to  take  and  use  at  any 
time  as  a  water  supply  for  said  town  the  waters  of  any  of 
the  branches  or  trilmtaries  of  Dickinson  brook. 
Townofwe-^t-        SECTION  10.     Tlic  towu  of  Wcstfield  sliall,  at  its  own 

held  locouBii  uct  .   i   .  /•  j^i  •  /•  i   •  i 

eystera  of  cxpensc,  withiu  one  year  irom  the  time  ot  takmg  the 

GrTuvme.'°  watcrs  of  said  Dickinson  brook  under  the  provisions  of 
this  act,  provide  and  construct  in  the  town  of  Granville  a 
system  of  sewerage  acceptable  to  the  state  l)oard  of  health, 
sufficient  to  properly  remove  thc  sewage  of  said  town  from 
said  Dickinson  brook  or  its  branches. 

Section  11.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  30,  1S95. 

C7un:>3i3  Ax    Act   kelative  to  the  hoaiu)  of  i'olice  ok  the  city  of 

FALL  lavKi;. 

Be  it  enacted,  etc.,  as  folloics: 

Boar^i  of  priice       Section  1 .    The  board  of  police  of  thc  city  of  Fall  River 

of  the  city  ol  ,  i  "^ 

Fiiii  Kiv.r,        shall  exclusively  exercise  in  said  ciiy  the  powers  and  per- 

powera  and  ^  j^i  i     i-  •  j.  i    •  i  xt  i 

duii^s.  lorm  the  duties  given  to  and  imposed  upon  the  mayor  aiul 

aldermen  of  cities  ))y  chapter  one  hundred  of  the  l*ul)lic 
Statutes  relative  to  intoxicating  liquors,  and  by  chapter 


Acts,  1895.  — Chap.  344.  387 

one  hundred  and  two  of  the  Public  Statutes  relative  to 
innholders  and  common  victuallers,  and  by  all  acts  in 
amendment  thereof  and  in  addition  thereto.  All  licenses 
for  the  sale  of  ihtoxicatins:  liquors  or  for  innholders  or 
common  victuallers  in  said  city  shall  be  sisned  only  by 
said  board,  and  shall  be  recorded  in  the  office  of  said 
board. 

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

Approved  April  30,  ISO 5. 


C7iap.su 


Ax  Act  to  extend  the  lhiits  of  the  mansiteld  "water  sur- 

PLY    district    AXD    TO    AUTHORIZE    SAID    DISTRICT    TO    MAKE    AX 
ADDITIOXAL  WATER  LOAX. 

Be  it  enade'l,  etc.,  as  follows: 

Section  1.  The  limits  of  the  Mansfield  AVater  Supply  Jianefleid 
District,  as  established  by  section  one  of  chapter  one  hun-  zMsfr/^-tlTmiis 
dred  and  forty-one  of  the  acts  of  the  year  eighteen  hundred  "'®'^^'^«^- 
and  eighty-seven,  are  hereby  extended  so  as  to  include  the 
territory  lying  within  the  following  metes  and  bounds, 
viz.  :  Beginning  at  the  southeasterly  corner  of  said  dis- 
trict as  now  established,  said  corner  being  a  point  in  the 
line  of  the  Old  Colony  railroad  one  mile  southeasterly 
from  the  intersection  of  said  railroad  and  North  jNIain 
street  in  the  village  of  Mansfield ;  thence  southerly  and 
in  prolongation  of  the  easterly  line  of  the  said  district 
thirty-three  hundred  feet  to  a  corner ;  thence  in  a  westerly 
direction  in  a  straight  line  to  the  intersection  of  School 
street  with  the  Boston  and  Providence  railroad ;  thence 
northerly  and  in  a  straight  line  to  a  point  in  the  Fox- 
borough  town  line  five  hundred  feet  westerly  from  the 
intersection  of  said  town  line  with  the  westerly  line  of 
Chauncy  street  in  said  Mansfield  ;  thence  easterly  by  said 
Foxborough  town  line  to  the  northwesterly  corner  of  said 
water  supply  district,  which  corner  is  at  the  junction 
of  the  Rumford  river  with  said  Foxborough  town  line ; 
thence  southerly  and  easterly  by  the  boundary  lines  of 
the  said  district  to  the  starting  point  first  mentioned. 
The  territory  lying  within  the  above-described  bounds  to  be  eubject  to 
hereby  annexed  to  said  district  shall  be  subject  to  all  the  priviiTgeSlc! 
rights,  privileges,  liabilities  and  powers  belonging  to  said 
district  under  tlie  provisions  of  chapter  three  hundred  and 
thirty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  and  chapter  one  hundred  and  fort^'-one  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-seven. 


383  Acts,  1895.  — Chap.  345. 

M'TterLoan.  Sectiox  2.     Said  district,  for  the  purpose  of  enlarging 

and  extending  its  water  works,  may  issue  bonds,  notes 
or  certitioates  of  debt,  to  be  denominated  on  the  face 
thereof,  Mansfield  Water  Loan,  to  an  amount  not  ex-' 
ceeding  twenty-five  thousand  dollars  in  addition  to  the 
amount  heretofore  authorized  b}^  law  to  be  issued  by  said 
district  for  water  supply  ])uri)oses.  Said  bonds,  notes  or 
certificates  of  debt  shall  be  issued  upon  the  same  terms 
and  conditions  and  with  the  same  powers  as  are  provided 
in  chapter  three  hundred  and  thirty-six  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-six  for  the  issue  of  the 

Proviso.  Mansfield  water  loan  :  ^jror^/er/,  that  the  whole  amount 

of  such  bonds,  notes  or  certificates  of  debt,  issued  by  said 
district  for  the  purpose  of  providing  and  maintaining  a 
public  water  supply,  shall  not  in  any  event  exceed  the 
amount  of  one  hundred  thousand  dollars. 

^ea'"*^*^^  Section  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two  thirds  vote  of  the  voters  of  said  Avater 
supply  district  present  and  voting  thereon  at  any  legal 
district  meeting  duly  called  for  the  purpose  after  the  pas- 
sage of  this  act.  Approved  April  30,  1895. 

Chan  345   -^^     "^*^^     KELATIVK    to     the     COXSTRrCXIOX    OE    THE     NEW     STATE 

NORMAL   SCHOOL   UUILDINGS. 

Be  it  enacted,  etc.,  asfolloics: 
conetruction  of       Sectiox  1.      The  state  board  of  education   is   hereby 
uormai  school     authorizcd  to  cxpcud  for  the  construction  of  the  necessary 
iug8.  buildings  for  the  new  state  normal  schools,  in  the  cities  of 

Fitchburg,  I^owell  and  North  Adams,  and  that  portion  of 
the  town  of  Barnstable  known  as  Hyannis,  a  sum  not 
exceeding  twenty-five  thousand  dollars  for  each  school, 
the  same  to  be  in  addition  to  the  amounts  authorized  by 
section  one  of  chapter  four  hundred  and  fifty-seven  of  the 
Proviso.  acts  of  the  year  eighteen  hundred  and  ninety-four:  pro- 

vided, liowever,  that  out  of  the  sum  al)ove-mentioned  there 
shall  be  erected  a  dormitory  at  Hyannis,  and  a  principal's 
house  at  North  Adams. 

Plana  to  be  Sectiox  2.     Ko  coutracts  shall  be  made  for  the  con- 

approved  by  1       1        I  1     •!  T 

governor  aud      structiou  of  auv  of  tlic  ucw  statc  normal  school  buildings 

authorized  ])y  chapter  four  hundred  and  fifty-seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four  until 
the  i)lans  therefor  have  received  the  approval  of  the  gov- 
ernor and  council ;  and  such  approval  shall  not  be  given 
until  plans  and  estimates  in  detail  have  been  submitted  to 


Acts,  1895.  — Chaps.  346,  347.  389 

that  ])ody  and  they  are  satisfied  that  the  cost  of  the  con- 
struction of  the  buildings  will  not  exceed  the  appropria- 
tion :  provided,  hoicever,  that  said  board  of  education  may  Proviso. 
expend  the  whole  of  said  appropriation  of  the  year 
eighteen  hundred  and  ninety-four  for  the  construction  of 
said  buildings. 

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

Approved  April  30,  1895. 


CAap.346 


Ax  Act   to   authorize   the    city   of  marlborough   to  issue 

BOXDS,  XOTES    OR    SCRIP    FOR  THE    PURPOSE    OP    PAYING  A  PART 
OF   ITS  GtXERAL  INDEBTEDNESS. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.     The  city  of  Marlborough,  for  the  purpose  May  issue 
of  paying  certain  notes  given  by  the  town  of  Marlborough  script elc!^^  ""^ 
to  the  Salem  Savings  Bank,  may  from  time  to  time  issue 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  fifty 
thousand  dollars,  payable  in  periods  not  exceeding  twenty 
3-ears  from  the  date  of  issue  and  bearing  interest  at  rates 
not  exceeding  four  per  cent,  per  annum;    but  the  pro-  p  s. 29, etc., 
visions  of  chapter  twenty-nine  of  the  Public  Statutes,  of  ^^^pp'^- 
chapter  one  hundred  and  twenty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-four,  and  of  chapter 
three  hundred  and  twelve  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five,  and  acts  in  amendment  thereof 
or  in  addition  thereto,  shall  in  all  other  respects  apply  to 
the  issue  of  said  bonds,  notes  or  scrip,  and  to  the  estab- 
lishment of  a  sinking  fund  or  annual  proportionate  pay- 
ments for  the  payment  thereof  at  maturity. 

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

Approved  May  1,  1895. 

An  Act  relative  to  the  construction  of  state  iiighavays.    ChciJ).34:7 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  Massachusetts  highway  commission  is  construction  of 
hereby  authorized  to  expend  a  sum  not  exceeding  fQ,^j.  «''»'*^  ^'a^'"*i  *• 
hundred  thousand  dollars  for  the  construction  of  state 
highways  during  the  current  year,  in  accordance  with  the 
provisions  of  chapter  four  hundred  and  seventy- six  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three  and 
chapter  four  hundred  and  ninety-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four. 


390  Acts,  1895.  — Chap.  3^8. 

No  persons  Secttox  2.     Xo  poiNoiis  Gxccpt  citizeiis  of  this  Com- 

to  be  empioytd.  monwculth  sliall  be  employed  ou  the  uork  uutliorizecl  by 

this  act. 
^'j^l^ highway        Section  3.     For  the  purpose  of  meeting  any  expenses 
which  may  be  incurred  under  the  provisions  of  this  act  the 
treasurer  and  receiver  general  is  hereby  avithorized,  with 
the  approval  of  the  governor  and  council,  to  issue  scrip 
or  certificates  of  indebtedness  to  an  amount  not  exceeding 
four  hundred  thousand  dollars,  for  a  term  not  exceeding 
thirty  years.      Said  scrip  or  certificates  of  indebtedness 
shall    be    issued   as    registered    l)onds    or   with    interest 
coupons  attached,  and  shall  bear  interest  not  exceeding 
four  per  cent,  per  annum,  payable  semi-annually  on  the 
first  days  of  April  and  October  in  each  year.       Such  scrip 
or  certificates  of  indebtedness  shall  be  designated  on  their 
face  as  the  State  Highway  Loan,  shall  be  countersigned 
by  the  governor,  and  shall  be  deemed  the  pledge  of  the 
faith  and  credit  of  the  Commonwealth  ;   and  the  principal 
and  interest  thereof  shall  be  paid  at  the  times  specified 
therein  in  gold  coin  of  the  United  States  or  its  equiva- 
lent ;  and  said  scrip  or  certificates  of  indebtedness  shall 
be  sold  and  disposed  of  at  pul)lic  auction,  or  in  such  other 
manner,  at  such  times  and  prices,  in  such  amounts  and  at 
such   rates   of  interest,   not    exceeding   the   rate   above- 
sinkiDgfund.     specified,   as  shall  be  deemed  best.      The  sinking  fund 
established  by  chapter  four  hundred  and  ninety-seven  of 
the  acts  of  the  year  eighteen  hundred  and    ninety-four 
shall  also  be  maintained  for  the  purpose  of  extinguishing 
bonds  issued  under   the    authority  of  this   act,   and  the 
treasurer  and  receiver  general  shall  apportion  thereto  from 
year  to  year  an  amount  sulBcicnt  with  the  accunuilations 
of  said  fund  to  extinguish  at  maturity  the  del)t  incurred 
by  the  issue  of  said  bonds.      The  amount  necessary  to 
meet  the  annual  sinking  fund  requirements  and  to  pay  the 
interest  on  said  bonds  shall  be  raised  by  taxation  from 
year  to  year. 

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

Approved  May  1,  lS9o. 


ChajyMS 


Ax  Act  relative  to  puulic  wakeiiousemex. 

Be  it  enacted,  etc.,  asfulloivs: 
PS. 72. §8,  Sf:ction  1.     Section  eight  of  chapter  seventy-tsvo  of 

amended.  '       ||-,g  i^nijij^^.  Statutcs  is  hereby  amended  by  striking  out  in 

the  fifth,  sixth,  seventh  and  eighth  lines,  the  words  "  in- 


Acts,  1895.  — Chap.  348.  391 

terested  in  property  stored  in  his  warehouse,  except  that, 

when  such   warehouseman   is   a   railroad  corporation,   it 

shall  not  be  required  to  exhibit  any  entries  on  its  books 

except  to  a  party  ",  so  as  to  read  as  follows  :  —  Section  8.  ^llf°lll"^r 

Every  such  warehouseman  shall  keep  books  in  which  shall  opea  to  luepec- 

be  entered  an  account  of  all  his  transactions  relating  to 

the  warehousing,  storing,  and  insuring  of  goods,  wares, 

and  merchandise,  and  to  the  issuing  of  recei[)ts  therefor, 

which  books  shall  be  open  to  the  inspection  of  any  person 

actually  interested  in  the  property  to  which  such  entries 

relate. 

Section  2.  Section  ten  of  said  chapter  seventy-two  is  p.  s.  72,  §10, 
hereby  amended  by  inserting  in  the  tirst  line,  after  the  '""'^°  "' 
word  "  whoever",  the  word  :  — unlawfully,  —  by  inserting 
in  the  second  line,  after  the  word  "the",  the  word:  — 
unlawful,  — and  bj'  adding  at  the  end  thereof  the  words  :  — 
But  no  public  warehouseman  shall  be  liable  to  the  penalties 
provided  in  this  section  unless  with  intent  to  injure  or 
defraud  any  person  he  so  sells,  pledges,  lends,  or  in  any 
other  way  disposes  of,  or  permits  or  is  a  party  to  the 
selling,  pledging,  lending,  or  other  disposition  of  any 
goods,  wares,  merchandise,  article,  or  thing  so  deposited, 
—  so  as  to  read  as  follows:  —  ^Section  10.  Whoever  Penalty  for  the 
unlawfully  sells,  pledges,  lends,  or  in  any  other  way  dis-  posuLn'ot'^' 
poses  of,  or  permits  or  is  a  party  to  the  unlawful  selling,  merchandise, 
pledging,  lending,  or  other  disposition  of  any  goods, 
wares,  merchandise,  article,  or  thing  deposited  in  a  public 
warehouse,  without  the  authority  of  the  party  who  de- 
posited the  same,  shall  be  punished  by  line  not  exceeding 
five  thousand  dollars  and  by  imprisonment  in  the  state 
prison  for  not  more  than  three  years.  But  no  public 
warehouseman  shall  be  liable  to  the  penalties  provided  in 
this  section  unless  with  intent  to  injure  or  defraud  any 
person  he  so  sells,  pledges,  lends,  or  in  any  other  way 
disposes  of,  or  permits  or  is  a  party  to  the  selling,  pledg- 
ing, lending,  or  other  disposition  of  any  goods,  wares, 
merchandise,  ailicle,  or  thing  so  deposited. 

Sectiox  3.  Whenever  a  public  warehouseman  has  in  certain  prop* 
his  possession  any  property  which  is  of  a  perishable  sold.lYc^. 
nature,  or  which  will  deteriorate  greatly  in  value  by  keep- 
ing, or  upon  which  the  charges  for  storage  will  be  likely 
to  exceed  the  value  thereof,  or  which  by  its  odor,  leakage, 
inflammability,  or  explosive  nature  is  likely  to  injure 
other  goods,  such  property  having  been  stored  upon  a 


392  Acts,  1895.  — Chap.  348. 

Certain  prop.      non-iioiTotiable  receipt :  and  when  said  wareliouseman  has 

eriy  may  be  i.-i-      i     i.i  •  l  ^1  j 

sold,  etc.  notined   the    person    in    whose    name    the    proi)erty    was 

received  to  remove  said  jjroperty  and  such  i)erson  has 
refused  or  omitted  to  receive  and  take  away  sucli  property 
and  to  pay  the  storage  and  proper  charges  thereon,  said 
pubhc  warehouseman  may,  in  the  exercise  of  a  reasonal)le 
discretion,  sell  the  same  at  })ul)lic  or  private  sale  without 
advertising,  and  the  proceeds,  if  there  are  any  proceeds, 
after  deducting  the  amount  t)f  said  storage  and  charges 
and  expenses  of  sale,  shall  be  paid  or  credited  to  the 
person  in  whose  name  the  })roperty  was  stored  ;  and  if  said 
person  cannot  Ije  found,  on  reasonable  inquiry,  the  sale 
may  be  made  without  any  notice ;  and  the  proceeds  of 
such  sale,  after  deducting  the  amount  of  storage,  expenses 
of  sale  and  other  pro[)er  charges,  shall  be  paid  to  the 
treasurer  of  the  Commonwealth,  who  shall  pay  the  same 
to  the  person  entitled  thereto,  if  called  for  or  claimed  by 
the  rightful  owner  within  one  year  of  the  receipt  thereof 
by  said  treasurer. 

May  dispose  of       SECTION  4.     "NMienevcr  a  public  warehouseman,  under 

certain  property  ^1  ' 

in  any  lawful  the  i)rovisions  of  the  precedimjf  section,  has  made  a  reason- 
able  etiort  to  sell  perishable  and  worthless  property  and 
has  been  unable  to  do  so  because  of  its  being  of  little  or 
no  value,  he  may  then  proceed  to  dispose  of  such  ]iroperty 
in  any  lawful  manner,  and  he  shall  not  be  liable  in  any 
way  for  property  so  disposed  of. 
rameproi^n°v^  Sectiox  5.  Whcuever  a  j^ublic  warehouseman,  under 
lia^biffor'*  ^"  ^^  the  provisions  of  the  two  preceding  sections,  has  sold  or 
charges,  etc.  othcrwisc  disposcd  of  property,  and  the  proceeds  of  such 
sale  or  disposition  have  not  equalled  the  amount  necessary 
to  pay  the  storage  charges,  expenses  of  sale  and  other 
charges  against  such  property',  then  the  person  in  whose 
name  said  property  was  stored  shall  be  liable  to  said 
public  warehouseman  for  an  amount  which,  added  to  the 
proceeds  of  such  sale,  will  be  sufficient  to  pay  all  of  the 
proper  charges  upon  such  property  :  or  in  case  such  ])ro])- 
erty  was  valueless,  and  there  were  no  proceeds  realized 
from  its  disposition,  the  person  in  whose  name  said  prop- 
erty was  stored  shall  be  lialile  to  said  public  warehouse- 
man for  all  proper  charges  against  said  proj)erty. 
1887,277.  §2,  Sec  iiON  ().     Scctiou  two  of  chapter  two  hundred  and 

seventy-seven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  is  hereby  amended  by  striking  out  in  the 
third  line,  the  words  "  storinir  the  same  ",  and  inserting  in 


amended. 


Acts,  1895.  — Chap.  349.  393 

place  thereof  the  words  :  —  or  persons  in  whose  name  said 
goods,  wares  and  merchandise  were  stored,  —  so  as  to 
read  as  follows  :  —  Section  2.  The  notice  required  by  the  K-otice  of  eaie, 
last  preceding  section  shall  be  served  by  delivering  it  to  ^'^^  served. 
the  person  or  persons  in  whose  name  said  goods,  wares 
and  merchandise  were  stored,  or  by  leaving  it  at  his  usual 
place  of  abode,  if  within  the  Commonwealth,  at  least  sixty 
days  before  the  time  of  such  sale,  and  a  return  of  the 
service  shall  be  made  by  some  officer  authorized  to  serve 
civil  process,  or  by  some  other  person,  with  an  affidavit 
of  the  truth  of  the  return.  If  the  party  storing  such  goods 
cannot  with  reasonable  diligence  be  found  within  the 
Coumionwealth  of  jNIassachusetts,  then  such  notice  shall 
be  given  by  publication  once  in  each  week  for  three 
successive  weeks  the  last  publication  to  be  at  least  thirty 
days  before  the  time  of  such  sale,  in  a  newspaper  pub- 
lished in  the  city  or  town  where  such  warehouse  is  located, 
or  If  there  is  no  such  paper,  in  one  of  the  principal  news- 
papers published  in  the  county  in  which  said  city  or  town 
is  located.  In  the  event  that  the  party  storing  such  goods 
shall  have  parted  with  the  same,  and  the  purchaser  shall 
have  notified  the  warehouseman,  with  his  address,  such 
notice  shall  be  given  to  such  person  in  lieu  of  the  person 
storing  the  goods. 

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

Approved  May  2,  ISO 5. 


ClmpM9 


A\  Act  to  ikcorporate  the  fall  river  and  pro\idexce  street 

RAILWAY  COMPAXY. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.     Frank    S.     Stevens,    Robert    T.    Davis,  Fan  River  and 
George  W.    Slade,   Frank    W.   Brio-htman,   William   F.  luelu^auway 
Thomas,  Benjamin  Cook  and  Charles  F.  Shaw,  their  asso-  ^°"ated?  '°'"'' 
elates    and    successors,   are    hereby   made   a   corporation 
under  the  name  of  the  Fall  River  and  Providence  Street 
Railway  Company,  with  all  the  powers  and  privileges  and 
subject  to  all  the  duties,  conditions  and  restrictions  set 
forth  in  all  general  laws  that  now  are  or  hereafter  may  be 
in  force  relating  to  street  railway  companies. 

Section   2.     Said   company   is   hereby   authorized  to  Mayconstmct 
construct  and  operate  a   railway,  with  single  or  double  rauway  lu'cuy 
tracks    and   with   convenient  turn-outs   and  switches,   in  of^Faii  River 
))art  upon  private  land  and  over  and  upon  any  streets  or 
highways  in  the  city  of  Fall  River  and  in  the  towns  of 


391 


Acts,  1895.  — CnAr.  349. 


May  acquire 
necesBary  real 
estate. 


Location. 


Motive  power. 


Capital  stock. 


May  issue 
bonds,  etc. 


Bonds  to  be 
approved. 


Somerset  and  Swanzey  as  shall  l)c  from  time  to  time  fixed 
and  determined  by  the  mayor  and  aldermen  of  the  city  of 
Fall  Iviver,  for  the  city  of  Fall  Klvcr,  and  the  selectmen 
of  the  towns  of  Somerset  and  Swanzey,  for  their  respective 
towns.  And  said  company  may  construct  its  tracks  over 
private  land  and  hold  the  same  by  purchase  or  lease.  It 
may  ac(|uire  by  purchase  all  necessary  real  estate  for  its 
power  stations  and  other  uses  incidental  to  the  proper 
maintenance  of  its  railway. 

Section  3.  The  location  of  said  street  railway  outside 
of  public  streets  and  highways  shall  not  exceed  fifty  feet 
in  width. 

Section  4.  Said  company  may  maintain  and  operate 
said  railway  by  any  motive  power  other  than  steam 
approved  by  the  mayor  and  aldermen  of  the  city  of  Fall 
liiver  and  the  boards  of  selectmen  of  the  towns  of  Somer- 
set and  Swanzey,  and,  with  the  consent  of  such  maj'or  and 
aldermen  and  boards  of  selectmen,  may  make  such  under- 
ground alterations  of  the  streets  and  highways,  and  may 
erect  such  poles  and  wires  therein,  and  may  erect  and 
maintain  such  poles  and  wires  on  private  lands  obtained  as 
aforesaid,  as  may  be  necessary  to  establish  and  maintain 
such  motive  power. 

Skction  5.  The  capital  stock  of  said  corporation  shall 
not  exceed  two  hundred  and  fifty  thousand  dollars,  except 
that  said  corporation  may  increase  its  capital  stock  subject 
to  the  general  laws  applical)le  to  such  increase. 

Section  6.  Said  corporation  may  from  time  to  time, 
by  vote  of  the  majority  in  interest  of  its  stockholders, 
issue  coupon  or  registered  bonds  to  such  amount  and  upon 
such  terms  as  may  be  approved  by  the  board  of  railroad 
commissioners.  To  secure  the  i)aynient  of  such  bonds 
with  interest  thereon  said  corporation  may  make  a 
mortgage  of  its  road  and  franchise  and  any  part  of  its 
other  property,  and  may  include  in  such  mortgage  prop- 
erty thereafter  to  be  acquired,  and  may  therein  reserve  to 
its  directors  the  right  to  sell  or  otherwise  in  due  course  of 
business  to  dispose  of  property  inchided  therein  which 
may  become  worn,  damaged  or  unsuitable  for  use  in  the 
operation  of  its  road,  provided  that  an  e(|uivalent  in  value 
is  sul)stituted  therefor.  All  bonds  issued  shall  first  be 
approved  by  some  person  appointed  by  the  corporation 
for  that  purpose,  who  shall  certify  upon  each  bond  that  it 
is  proj^terly  issued  and  recorded. 


Acts,  1895.  — Chaps.  350,  351.  395 

Section  7.     Said  corporation  may  lease  a  street  rail-  ^ru^/u'^treet 
way  which  may  hereafter  lie  built  within  the  state  of  Rhode  railway. 
Island  connecting-  with  that  herein  described :  iirovided.  Proviso. 
that  such  lease  shall  first  be  approved  by  the  board  of  rail- 
road commissioners. 

Section  8.     This  act  shall  take  effect  upon  its  passage,  Railway  to  be 
but  shall  become  void  unless  said  railway  is  con>tructed  et^fbefore ' 
and  put  in  operation  ])efore  the  first  day  of  July  in  the  '^"'^'  ^'  ^^'^'^' 
year  eighteen  hundred  and  ninety-eight. 

Aj^proved  3fay  2,  IS 95. 

An  Act  kelative  to  the  transmissiox  of  electuicity  fok  the  QJiajj^^jQ 

PURPOSES   OF  HEATIXG   AND  POWER. 

Be  it  enacted  y  etc.,  as  follows : 

Section  1 .     All  provisions  of  law  granting  to  persons  Trnnsmispion  of 
and  corporations  authority  to  erect,  lay  and  maintain,  and  hraungaud" 
to  cities  and  towns  authority  to  regulate  telegraph,  tele-  ^°'^^'^- 
phone  and  electric  light  lines  shall,  so  far  as  applicable, 
apply  to  lines  for  the  transmission  of  electricity  for  the 
pur[)oses  of  heating  or  power,  except  lines  for  heat  or 
power  used  by  street  railway  companies.     And  the  pro- 
visions of  chapter  three  hundred  and  eighty-two  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-seven  and 
of  acts  in  amendment  thereof  and  in  addition  thereto  are 
hereby   extended  to  such  lines  for  heating  and  power, 
except  lines  for  heat  or  power  used  by  street  railway 
companies. 

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

Approved  May  2,  1895. 

Ax  Act  to  provide  for  tue  payment  of  bounties  to  ciiarteked  (7/zft».35l 

POULTRY   associations   IN   CERTAIN    CASES. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  state  board  of  a2:riculture  may  set  Portion  of 

T       •  11  11  1    ;•  1  1?    1        bounty  may  be 

aside  from  the  bounty  now  allowed  from  the  treasury  of  the  set  aside  for 
Commonwealth  to  any  incorporated  agricultural  society,  poses." 
such  sums  of  money  as  may  be  recommended  by  the  dele- 
gate representing  such  society  on  said  board,  such  sum  to 
be  devoted  solely  to  the  premium  list  of  such  chartered 
poultry  association  as  said  delegate  may  recommend,  and 
upon  such  conditions  as  the  board  of  agriculture  may 
determine. 

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

Approoed  May  2,  1895. 


39G  Acts,  1895.  —  Chaps.  352,  353,  354. 


Chaj).352  -^^    -^^^    relative    to    advertising    signs    and    STRrCTURKS    EX- 
CUOACHING  OX  PUBLIC   "NVAVS   IN   THE   CIXV   OK    IJOSTOX. 

Be  it  enacted,  etc.,  as  follows: 

Yu^ °\  Ds^etc^^'      ^o  person  shall  place  or  maintain  any  sign  or  advertis- 
in  city  of  Boston  jnof  clevicc  luion  any  post  in  any  ])ul)lic  way  in  the  city  of 

regulated.  -.^^  1,1  1  .       .    "     ^  ,*  •,• 

Boston  other  than  by  painting ;  nor  place  or  manitaui 
upon  any  building  or  other  structure  any  sign  projecting 
into  any  such  way  more  than  one  foot,  nor  any  other 
thing  projecting  into  any  such  way  more  than  four  feet, 
nor  any  sign  or  other  projection  the  lowest  part  of  which 
is  less  than  ten  feet  above  the  sidewalk  thereof,  except 
that  any  awning,  lamp,  illuminated  sign,  and  the  fixtures 
thereof,  the  lowest  part  of  which  is  not  less  than  seven 
feet  six  inches  above  the  surface  of  the  sidewalk,  may, 
until  the  right  to  maintain  the  same  is  revoked,  be  main- 
tained as  it  is  at  present,  or,  if  hereafter  placed,  be  main- 
tained as  specified  in  any  permit  issued  therefor  by  the 
officer  appointed  to  have  charge  of  the  repairs  of  such 
ways  ;  and  any  person  violating  any  of  the  preceding  i)ro- 
visions  for  more  than  five  days  after  he  is  notified  by  said 
officer  that  he  is  so  doing  shall  be  punished  by  a  fine  of 
two  dollars  for  each  day  that  such  violation  continues 
after  said  notice.  Approved  May  2,  1895. 

Chan  353  •^^'  ^^^"^  '^^  althohize  the  Massachusetts  horticultural  soci- 
ety TO   HOLD  additional  REAL  AND   PERSONAL  ESTATE. 

Be  it  enacted,  etc.,  as  follows: 
May  hold  addi.        Section  1.     The  jMassachusctts  Horticultural  Society 
is  hereby  authorized  to  hold  real  and  personal  estate,  for 
the  purposes  set  foilh  in  its  charter,  to  an  amount  not 
exceeding  one  million  dollars. 

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

Approved  May  2,  1S95. 


C!Jiarj.3i)4:  -^^  Act  to  confirm  the  proceedings  of  the  citv    of 

URIDGE    IN    THE    TAKING    AND    HOLDING    OF   CERTAIN    LAND 


CAM- 
ANDS   AND 
OTHER    PROPERTY    liY    EMINENT    DOMAIN. 

Be  it  enacted,  etc.,  asfolloivs: 
Certain  proceed-      Sectiox  1.     All  the  acts,  proceedings  and  doings,  in 
Cambridge  "      thc  ycars  eiiihteen  hundred  and  ninety-three  and  eighteen 
coniirmed.  etc.    j^^j^^^|j.g(j  and  uincty-four,  of  the  city  council  of  Camljridge, 


Acts,  1895.  — Chap.  '65L  397 

and  its  officers,  agents  and  servants  appointed  and  elected  {Jfg^  o°JlJ■y'o^f'^■ 
under  its  various  ordinances,  hitlierto  purporting  to  l)e  had  ^^^^;.'^lf^  ^^^^ 
and  done  in  pursuance  of  and  by  virtue  of  tlie  power  con- 
ferred by  chapter  one  hundred  and  fifty-three  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-five ;  chapter 
ciglity-nine  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-six  ;  chapter  thirteen  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-eight ;  chapter  one  hundred  and  fifty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two ;  chapter  one  hundred  and  forty-five  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-five ; 
chapter  one  hundred  and  sixty-five  of  the  acts  of  the  year 
eigliteen  hundred  and  seventy-five ;  chapter  one  hundred 
and  8event3'-one  of  the  acts  of  the  year  eighteen  hundred 
and  eighty  ;  chapter  two  hundred  and  fifty-six  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-four ;  chapter 
three  hundred  and  forty-four  of  the  acts  of  the  year  eight- 
een liundred  and  eighty-six ;  chapter  one  hundred  and 
thirty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight ;  chapter  two  hundred  and  fifty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-one  ;  chap- 
ter one  hundred  and  thirty-five  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-two ;  chapter  four  hundred 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-two ;  chapter  eighty-five  of  the  acts  of  the 
year  eigliteen  hundred  and  ninety-four;  chapter  tsvo  hun- 
dred and  fifty-five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  and  chapter  five  hundred  and  twent}'  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four, 
are  hereby  ratified  and  confirmed. 

Section  2.  The  agreement  signed  by  James  M.  AV.  menTscou'^'^^^" 
Hall,  George  H.  Howard  and  Frank  A.  Allen,  claiming  filmed. 
to  act  for  the  city  of  Cambridge,  and  the  agreement  signed 
by  Erskine  Warden,  claiming  to  act  for  and  in  behalf  of 
the  city  of  Waltham,  said  agreements  relating  to  the  dis- 
continuance of  Brook  street  in  the  city  of  Waltham  and 
the  right  on  the  part  of  the  city  of  Cambridge  to  rel)uild 
and  relocate  a  portion  of  Winter  street  in  the  city  of 
AValtham,  to  be  used  partly  as  a  dam,  for  further  exten- 
sion of  reservoir  works  now  in  process  of  erection  in 
said  Waltham  for  the  extension  of  the  water  supply  of 
Cambridge,  and  dated  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-four,  are  hereby 
ratified  and  confirmed  as  a  contract  between  the  city  of 


393  Acts,  1895.  — Chap.  351. 

Waltham  and  the  city  of  Caiiibridirc  ;  and  said  cities  may 
do  the  thinos  tlicrein  aijrecd  upon,  and  the  payniont  of 
the  consideration  therein  named  is  hereby  ratified  and 
confirmed. 

Certain  proceed.      Sectiox  3.     The  proceedinjTs  hcrctofore  had  bv  thc  city 

of  Wii'iihiim       of  AValtham  in  the  discontinuance  of  Brook  street  in  said 

coutiiine  .         ^^^^  ^^.^  hereby  ratified  and  confirmed. 

Damages.  Sectiox  4.     The  city  of  Cambridge  shall  be  liable  to 

pay  all  damages  that  shall  be  sustained  by  any  persons  in 
their  property  by  the  discontinuance  of  said  lirook  street 
and  by  the  relocation  of  Winter  street,  as  mentioned  in 
sections  two  and  three  of  this  act,  to  which  any  person  is 
entitled  at  the  time  of  said  discontinuance  and  at  the  time 
when  entry  is  made  and  possession  is  taken  by  the  city 
of  Cambridge  of  said  portions  of  Winter  street  for  the 
purpose  of  relocating  the  same  and  the  erection  of  said 
dam  ;  and  in  regard  to  such  discontinuance,  relocation  and 
erection  of  said  dam  and  the  ascertainment  and  payment 
of  all  such  damages  the  city  of  Caml)ridge  and  all  })ersons 
claiming  damag-es  shall  have  all  the  ricrhts  and  remedies, 
and  l)e  subject  to  all  the  duties  and  lial)ilities  set  forth  in 
chapter  two  hundred  and  fifty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four. 

?V  °^iidem!iT'°      Sectiox  5.     The  city  of  Cambridge  shall  at  all  times 

tied,  etc.  indemnify  and  save  harndess  the  city  of  Waltham  against 

all  damages  which  may  be  recovered  against  the  said  city 
of  AValtham,  and  shall  reimburse  to  the  city  of  Waltham 
all  expenses  which  the  latter  shall  incur  by  reason  of  any 
defect  or  want  of  repair  of  that  ]M)rtion  of  said  AVinter 

Proviso.  street  which  makes  a  part  of  said  dam  :  j^irovided,  that  the 

city  of  Cambridge  shall  have  due  and  reasonable  notice 

of  all  claims  for  such  damages  or  injury,  and  op})oi'tunity 

to  make  a  legal  defence  thereto. 

bHdge^naT'  Section  6.     Thc  City  of  Caml)ridge,  for  the  purpose 

chanifc  grade  of  of  tlic  constructiou,  maintcnancc  and  preservation  of  aiiue- 

cerlain  roads  in  '     ,  i         •  i  i 

Lincoln  aid  ducts,  dams,  rcscrvoirs,  storage  basins  and  other  proper 
iiugtoii.  ^Qj.j^g  i^Q^v  JQ  process  of  construction  under  any  act  au- 
thorizing said  city  to  provide  a  water  supply,  may  change 
the  grade  of  such  portions  of  the  following  described  i)arts 
of  roads  in  the  towns  of  IJncoln  and  Lexington  as  the 
county  commissioners  for  the  county  of  INIiddlosex  may 
deem  necessary  and  j^i'oper  for  the  purposes  aforesaid, 
namely:  —  ^Mill  street  in  Lincoln,  from  its  intersection 
with  Middle  street  to  a  point  ojiposite  the  house  formerly 


Acts,  1895.  — Chap.  354.  399 

occupied  by  Charles  E.  Brown  ;  IMiddle  street,  from  its 
intersection  ^Yith  Concord  turnpike  in  Lincoln  to  its  inter- 
section in  Lexington  with  the  old  county  road  from  Lex- 
ino-ton  to  Weston  ;  Concord  turnpike,  from  its  intersection 
with  said  Middle  street  to  a  point  opposite  the  easterly 
boundary  line  of  land  taken  by  the  city  of  Cambridge,  and 
the  road  leading  from  Lincoln  to  Waltham  by  the  former 
site  of  the  old  mill  on  Hobbs  brook,  from  the  intersection 
of  said  road  with  said  old  county  road  to  the  Waltham 
line.     Said  commissioners  upon  petition  of  said  city  may,  county  commis- 
for   the    purposes    aforesaid,    discontinue    the    following  ducomimi? 
described  parts  of  roads  in  said  Lincoln  and  Lexington,  ?o^ad8.°^ ''''"'"° 
namely:  —  All  of  Brook  street  in  Lincoln  from  its  inter- 
section with  Winter  street  to  the  town  line  ;  and  said  old 
county  road  between  said  Concord  turnpike  in  Lexington 
and  its  intersection  in  Lincoln  with  the  new  road  laid  out 
from  the  premises  of  John  J.  Jurada  to  said  Concord  turn- 
pike.    Said  commissioners  may,  for  the  purposes  afore-  May  determine 
said,  upon  the  petition  of  said  city  of  Cambridge  or  of  change  grades, 
the  selectmen   of  Lexington  or  Lincoln,  determine   the  roal'*^ ''"'^"^ 
boundaries  of  and  locate  anew,  in  substantially  its  present 
position,  the  road  forming  the  westerly  boundary  of  land 
now  taken  or  acquired  l)y  the  city  of  Cambridge  lor  said 
purposes,  from  the  town  line  between  Lincoln  and  Wal- 
tham to  said  Concord   turnpike ;    and   may  change  the 
grades  of  said  road  within  said  limits  so  that  said  road 
may  be  at  a  proper  height  aljove  the  high  water  mark  of 
any  reservoir  or  storage  basin  constructed  by  tlie  city  of 
Cambridge  on  adjoining  land.     Said  commissioners  may.  May  lay  out 
subject  to  the  consent  of  the  mayor  and  aldermen  of  the  waitham,  etc. 
city  of  Waltham,  lay  out  a  street  in  said  AValtham  from 
the  junction  of  Smith  and  Lincoln  streets  to  a  point  on 
Wmter  street  near  the  easterly  junction  of  Locust  street 
with  said  Winter  street,  said  new  street  to  be  a  substitute 
for  Brook  street,  discontinued  under  the  agreement  men- 
tioned in  the  second  section  of  this  act,  and  may  appor- 
tion the  expense  and  construction  thereof  between  the 
cities  of  Waltham  and  Cambridge.     Before  proceeding  to  cityof  cam. 
change  the  grade  of  any  road  as  aforesaid  said  city  of  plans,  tic. 
Cambridge  shall  file  plans  and  specifications,  showing  the 
proposed  changes,  in  the  office  of  said  commissioners, 
which  plans  and  specifications  shall  be  approved  by  said 
commissioners  before  anv  work  is  done.     Said  commis- Notice  of  pro- 

,      ,,  1   -  "  1  J  •  posed  proceed- 

sioners,  before  making  any  order  or  return  or  approving  ings  to  be  given, 


400 


Acts,  1895.  — Chap.  354. 


City  of  Cam- 
brill  ae  to 
perform  certain 
work,  keep  iu 
repair  certain 
roads,  etc. 


Damages,  etc. 


Proviso. 


any  plans  and  specifications  as  aforesaid,  shall  l)y  piil)lica- 
tion  in  some  newspaper  })ul)lislied  in  said  county,  and  by 
service  on  the  clerks  of  the  respective  cities  and  towns, 
give  to  the  parties  interested  therein  at  least  fourteen 
days'  notice  of  the  proceedings  proposed,  and  shall  other- 
Avise  i)roceed  so  far  as  possible  in  the  manner  j)rescribed 
by  law  for  laying  out  hiirhways ;  and  ma}'  award  the 
damages  sustained  by  any  ])ers()n  by  reason  of  anything 
ordered  or  approved  by  them  under  this  act. 

Section  7.  The  city  of  Cambridge  shall  at  its  own 
expense,  except  as  otherwise  provided  in  section  six,  per- 
form all  work  authorized  to  be  done  l)y  this  act  to  the 
acceptance  of  said  conmiissioners  ;  shall  pcr})ctually  keep 
iu  re})air  that  part  of  said  road  leading  from  Lincoln  to 
AValtham  by  said  mill  site,  the  grade  of  which  is  changed 
as  herein  permitted  ;  shall  keep  in  repair  any  other  roads 
or  parts  of  roads  changed  iu  grade  under  this  act,  in  such 
places  and  for  such  times,  not  exceeding  five  years,  as 
said  commissioners  may  order,  and  upon  such  roads  or 
parts  of  roads  shall  perpetually  maintain  such  suitable 
guard  rails  as  said  commissioners  from  time  to  time  may 
order ;  shall,  except  as  otherwise  j)rovided  in  section  six, 
pay  all  damages  awarded  or  recovered  by  any  i)erson  by 
reason  of  anything  done  under  this  act ;  and  shall  at  all 
times  indemnify  and  save  harmless  said  towns  against  all 
damages  which  may  be  recovered  against  either  of  them, 
and  shall  reimburse  to  them  all  expenses  which  they  shall 
incur  by  reason  of  any  defect  or  want  of  repair  in  any 
road,  during  such  time  as  said  city  may  be  required  to 
keep  such  road  iu  repair,  or  by  reason  of  any  defect  or 
want  of  repair  in  any  road  caused  by  the  doing  of  any 
work  under  the  authority  of  this  act :  jji'ovided,  that  the 
city  of  Cambridge  shall  have  due  and  reasonable  notice  of 
all  claims  for  such  damages,  and  opportunity  to  make  a 
legal  defence  thereto.  All  awards  of  damages  and  all 
orders,  adjudications  and  decrees  made  by  said  connnis- 
sioners  under  this  act  shall  have  the  same  force  and  eli'ect, 
except  as  herein  otherwise  provided,  and  parties  shall 
have  and  be  subject  to  the  same  rights  and  remedies,  so 
far  as  applicable,  as  are  now  provided  by  law  with  refer- 
ence to  highways. 

b£CTi02N  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  9,  1S95. 


Acts,  1895.  — Chap.  355.  401 

Ax  Act  1£elative  to  inquests  in  election  cases.  Olmn  ^^'^ 

5e  it  enacted,  etc.,  asfoUoios: 

Section  1.     Upon  a  complaint  suhscribed  and  sworn  inquestsin cases 
to  by  any  person  before  a  municipal,  police  or  district  uonTot'cen^in 
court,  or  a  trial  justice,  alleoing  that  reasonable  grounds  etrcuons!""^ *^ 
exist  for  believing  that  any  law  relating  to  the  registration, 
qualification  or  assessment  of  voters,  or  to  voting  lists  or 
ballots,  or  to  caucuses,  conventions  and  elections,  or  any 
matters  or  things  pertaining  thereto,  has  been  violated, 
such  court  or  justice  may  at  once  hold  an  inquest  to  in- 
quire into  such  alleged  violation  of  the  law. 

Section  2.  If  the  court  or  trial  justice  deems  proper  inquests  may  be 
such  inquest  may  be  private,  in  which  case  any  or  all  p"^"*^'«'*°- 
persons  other  than  those  whom  the  court  or  justice  shall 
deem  necessary  to  be  present  may  be  excluded  from  the 
place  where  such  inquest  is  held ;  and  said  court  or  trial 
justice  may  also  direct  the  witnesses  to  be  kept  separate, 
so  that  they  cannot  converse  with  each  other,  until  they 
have  been  examined.  The  district  attorney  or  some 
person  designated  by  him,  or  the  attorney-general,  in 
such  cases  as  he  thinks  advisable,  shall  attend  the  inquest 
and  examine  all  witnesses. 

Section  3.  Such  court  or  justice,  or  district  attorney  witnesses, 
may  issue  subpoenas  for  witnesses,  returnable  before  said  etc!°'^^°''^'^^°^' 
court  or  trial  justice.  The  person  served  with  such  proc- 
ess shall  be  allowed  the  same  fees,  their  attendance  may 
be  enforced  in  the  same  manner,  and  they  shall  be  subject 
to  the  same  penalties,  as  if  served  with  a  subpoena  in 
behalf  of  the  Commonwealth  in  a  criminal  prosecution 
pending  before  such  court  or  trial  justice. 

Section  4.     The  presiding  justice   of  such   coui-t  or  justice  may 
trial  justice   shall,  if  he  deems   it   necessary,  employ  a  rrpfttTmale 
stenographer,  and  have  all  or  any  part  of  the  proceedings  report,' etc. 
reduced  to  writing ;   and  after  hearing  the  testimony  he 
shall  draw  up  and  sign  a  report  in  which  he  shall  state  all 
the  material  circumstances  relating  to  the  violation  of  the 
law,  if  he  shall  find  that  the  law  has  been  violated,  and 
shall  further  state    the  name   or   names    of  any  persons 
who  may  have  been  guilty  of  any  such  violation  ;  and  he 
shall  file  said  report  with  the  records  of  the  superior  court 
in  the  county  where  the  incjuest  is  held. 

Section  5.     If  the  justice  finds  that  any  law  has  been  witnesses  may 
Tiolated  he  may  bind  over,  as  in  criminal  prosecutions,  ^  appe°al°Ite . 


402  Acts,  1895.  — Chap.  356. 

such  -witnesses  as  he  deems  necessary,  oi'  as  the  district 

attorney  may  designate,  to  appear  and  testify  at  the  court 

in  which  the  indictment  for  such  offence  may  be  found  or 

presented. 

Certain  persons       SECTION  G.     If  a  pcrsou  charged  by  the  report  with  the 

hlYded.*^^"^     commission  of  an  otlence  is   not  in  custody  the  justice 

shall   forthwith  issue  process  for  his   apprehension,  and 

sucli  process  shall  be  made  returnable  before  any  court  or 

magistrate  having  jurisdiction  in  the  premises,  who  shall 

proceed   therein    in   the    maimer   required   by   law ;    but 

nothing  herein  shall  prevent  any  justice  from  issuing  such 

process  before  the  filing  of  said  report,  if  it  is  otherwise 

lawful  to  issue  the  same. 

Certain  testi-  SECTION  7.     No   pcrsou    who   is   Called   as   a   witness 

mony,  etc.,  not     ,,.  •  t    '  .  •       i.'  x-]-  j. 

tobeuBedas  beforc  Said  court  or  justice  at  said  inquest,  or  in  any 
w^tnessestltc"^'  court,  shall  be  excused  from  answering  any  question,  or 
from  producing  any  paper  relating  to  any  alleged  viola- 
tion of  the  law  which  is  the  subject  of  inquiry  before  said 
court  or  justice  in  said  inquest,  or  before  any  court  upon 
a  criminal  prosecution  for  said  alleged  violation  of  law, 
on  the  ground  that  the  answer  to  such  question  or  the 
production  of  such  paj^er  may  criminate  or  tend  to  crim- 
inate himself,  or  disgrace  him,  or  otherwise  render  him 
infamous ;  but  the  testimony  of  any  witness  examined  at 
said  inquest,  or  before  any  court,  upon  the  subject  afore- 
said, or  any  statement  made  or  any  paper  produced  by 
him  on  such  examination  shall  not  be  used  as  evidence 
against  such  witness  in  any  civil  or  criminal  proceeding  in 
any  court  of  justice  ;  and  he  shall  not  be  prosecuted  or 
held  to  answer  in  any  civil  or  criminal  proceeding  because 
of  any  such  testimony,  statement  or  production  of  any 
paper  as  aforesaid ;  nor  for  any  matters  or  causes  in 
respect  of  which  he  was  examined  at  said  inquest  or  in 
said  court,  or  to  Avhich  his  testimony  or  any  papers  pro- 
duced relate.  Approved  May  9,  1895. 

ChaV.SBQ   ^^     -^^"^     '^^     AUTHORIZE     RAILROAD     CORPORATIONS     TO      FILE     A 
LOCATION    OF    LANDS    PURCHASED    FOR    RAILROAD    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 
Filing  of  Section  1 .     A  railroad  corporation  may  file  a  location 

lands' p°ur°         of  any  lands  purchased  or  acquired  by  it  for  railroad  pur- 
raiTroad^pur'/"'"  poscs.     Such  locatiou  shall  be  duly  certified  by  the  clerk 
poses,  etc.         ^£  ^|-^g    lioard   of   railroad    commissioners,    defining    the 
courses,  distances  and  boundaries  of  such  land,  in  such 
form  and  with  such  other  particulars  as  may  be  required 


Proviso. 


Acts,  1895.  — Chap.  357.  403 

by  the  rules  prescribed  b}^  the  board,  and  shall  be  filed 
with  the  commissioners  of  each  county  in  which  such  land 
is  situated.  Such  location  of  lands  heretofore  purchased 
or  acquired  may  be  filed  within  one  year  from  the  passage 
of  this  act,  and  of  lands  hereafter  acquired  within  one 
year  after  the  purchase  or  acquisition  thereof.  Such  loca- 
tion shall  have  the  same  efiect  as  a  location  tiled  in 
accordance  with  the  provisions  of  section  ninety-one  of 
chapter  one  hundred  and  twelve  of  the  Public  Statutes : 
provided,  however,  this  shall  not  operate  to  prevent  land 
thus  located  from  being  assessed  for  taxation  in  the  city 
or  town  where  the  same  is  situated. 

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

Approved  May  9,  1895. 

An  Act  to  authorize  the  city  of  somerville  to  incur  in-  (Jhrirn  357 

DEBTEDNESS  BEYOND  TUE  LIMIT    FIXED    BY    LAW,  FOll  THE  PUR- 
POSE  OF  CONSTRUCTING   SEWERS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  city  of  Somerville,  for  the  purpose  May  incur 
of  defraying  the  expense  of  changing  and  constructing  beyond d°ebT 
sewers  in  said  city  to  connect  the  sewer  system  of  said  {j™n^;^*etc! 
city  with  the  metropolitan  sewer  and  of  constructing  any 
other  main  drains  or  common  sewers  in  or  for  said  city, 
may  incur  indelrtedness  to  an  amount  not  exceeding  one 
hundred  thousand  dollars,  and  may  from  time  to  time,  by 
vote  passed  in  the  manner  provided  by  section  seven  of 
chapter  twenty-nine  of  the  Public  Statutes  and  acts  in 
amendment  thereof  or  in  addition  thereto,  issue  and  sell 
at  public  or  private  sale,  but  not  for  less  than  the  par 
value  thereof,  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. 

Section    2.     The  debts  and   loans  authorized  by  this  Not  to  be 
act,  and  the  notes,  bonds  or  scrip  which  may  be  issued  deteJmTrfing" 
therefor,   shall    not  be  considered,  reckoned  or  included  ^ebt  limit. 
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  addition  thereto. 

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

Approved  May  9,  1895. 


404 


Acts,  1895.  — Chaps.  358,  359,  360. 


Ch(ip.ii5S  -'^^^  ^^*^"^  '^^  AUTHORIZE  Tin:  GREENFIELD  AND  TURNER'S  FALLS 
STREET  RAILWAY  COMl'ANY  TO  CONSTRUCT  A  BRIDGE  ACROSS 
THE  CONNECTICUT  RIVER  BETWEEN  THE  TOWNS  OF  MONTAGUE 
AND    DEERFIELD. 


May  construct, 
etc.,  a  bridge 
across  the 
Connecticut 
river. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  Greenfield  and  Turner's  Falls  Street 
liailway  Company  is  hereby  authorized  to  construct  and 
maintain  a  bridge  across  the  Connecticut  river,  between 
the  towns  of  Montague  and  Deerfield,  at  a  point  on  said 
river  that  will  permit  said  railway  company  to  connect  its 
tracks  on  the  locations  granted  or  hereafter  granted  l)y 
the  authorities  of  tlie  said  towns,  subject  to  the  })rovisions 
of  chapter  three  hundred  and  forty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-tive. 

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

Approved  May  9,  1895. 


Chap.SoQ  ^^^    -^CT    TO    CONIIIOI    THE    rROCEEDINGS    OF    THE    ANNUAL    TOWN 

MEETING   OF   THE   TOWN   OF   PALMER. 


Proceedings 
of  town  meet- 
ing of  Palmer 
confirmed. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  proceedings  of  the  annual  town  meet- 
ing of  the  town  of  Palmer  held  on  the  eighteenth  day  of 
March  m  the  year  eighteen  hundred  and  uinety-tive,  and 
any  adjournment  thereof,  shall  not  be  invalid  by  reason  of 
the  omission  in  the  warrant  calling  such  meeting  of  a 
specification  of  the  officers  to  be  elected  or  voted  for  at 
such  meeting. 

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

Approved  May  9,  1S95. 


Horse  Neck 
Water  Com- 
pany incor- 
porated. 


(JllCtp.'M)0  ''^^    -^CT     TO    INCORPORATE     THE    HORSE     NECK    WATER    COMPANY, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Thomas  B,  Tripp,  Benjamin  Cummings, 
William  C.  Trafford,  Andrew  K.  Traffbrd,  Thomas  L. 
Lewis  and  Aldcii  T.  Potter,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Horse 
Neck  Water  Company,  for  the  ])urpose  of  supplying  the 
inhal)itants  of  Westport  with  water  for  the  extinguishment 
of  tires  and  for  domestic,  manufacturing  and  other  pur- 
poses ;  with  all  the  powers  and  ])rivileges  and  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all 


Acts,  1895.  — CnAr.  360.  405 

general  laws  which  now  are  or  may  hereafter  be  in  force 
applicable  to  such  corporations. 

Section  2.     Said  corporation,  for  the  purposes  afore-  May  take  certain 

.1  1  .,  •!  \  j-\  '  waters,  lauds, 

said,  may  lease,  take,  acquire,  by  purchase  or  otherwise,  etc. 
and  hold  the  waters  of  any  stream,  well  or  spring  within 
the  limits  of  the  town  of  Westport,  or  any  other  waters 
at  any  point  in  said  Westport,  and  all  the  water  rights 
connected  therewith,  and  may  obtain  and  take  water  by 
means  of  bored,  driven,  artesian  or  other  wells,  on  any 
land  within  the  limits  of  said  town,  and  hold  and  convey 
said  water  through  said  town ;  and  may  also  take  and 
hold,  by  purchase  or  otherwise,  all  lands,  rights  of  way 
and  easements  necessary  for  holding  and  preserving  such 
water  and  for  conveying  the  same  to  any  part  of  said 
town;  and  may  erect  on  land  thus  taken  or  held  proper  May  erect  buiid- 
danis,  buildings,  fixtures,  reservoirs  and  other  structures,  pipes.'dtc,"^" 
and  may  make  excavations,  procure  and  operate  machinery, 
and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  effective  water  works ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works,  under  or  over 
any  lands,  water  courses,  railroads  or  pul^lic  or  private 
ways,  and  along  any  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same ;  and  for  the  purpose 
of  constructing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proi)er  purposes  of  this 
act,  said  corporation  may  dig  up  any  such  lands  and 
ways  :  pr^ovided,  hoivever,  that  said  corporation  shall  not  Provisos. 
enter  upon  and  dig  up  any  public  ways  except  with  the 
approval  of  the  board  of  selectmen  of  the  town  in  Avhich 
such  ways  are  situated,  after  a  public  hearing  by  said 
board,  of  which  at  least  ten  days'  notice  shall  be  given  by 
publishing  an  attested  copy  of  said  notice  in  a  newspaper 
published  in  said  town,  if  any,  and  by  posting  an  attested 
copy  of  said  notice  in  at  least  five  public  places  in  said 
town ;  provided,  further,  Jtoirever,  that  no  hearing  shall 
be  necessary  in  cases  where  said  ways  are  to  be  entered 
upon  and  dug  up  by  said  corporation  for  the  purpose  of 
constructing  extensions  to  its  plant  and  maintaining  and 
repairing  such  conduits,  pipes  and  other  works. 

Section  3.     Said  corporation  shall,  within  sixty  days  Description  of 
after  the  taking  of  any  lands,  rights  of  way,  water  rights,  recorded! '  ° 
water  sources  or  easements  as  aforesaid,  otherwise  than  by 
purchase,  file  and  cause  to  be  recorded  in  the  registry  of 


406 


Acts,  1895.  — Chap.  360. 


Damages. 


Distribution  of 
water,  etc. 


Real  estate, 
capital  stocb, 
etc. 


Certificate  of 
payment  of 
capital  to  be 
filed,  etc. 


deeds  for  the  county  and  district  in  which  the  same  are 
situated  ii  description  thereof  sufficiently  accurate  for  iden- 
tification, Avith  a  statement  of  the  ])urpose  for  which  the 
same  were  taken,  signed  by  the  president  of  the  corpora- 
tion. 

Section  4.  Said  corporation  shall  ])ay  all  damages 
sustained  by  any  person  in  pro})erty  by  the  taking  of  any 
land,  right  of  way,  water,  water  source,  water  right  or 
easement,  or  by  any  other  thing  done  by  said  corporation 
under  the  authority  of  this  act.  Any  person  sustaining 
damages  as  aforesaid  under  this  act,  who  fails  to  agree 
with  said  corporation  as  to  the  amount  of  damages  sus- 
tained, may  have  the  damages  assessed  and  determined  in 
the  manner  provided  by  law  when  land  is  taken  for  the 
laying  out  of  highways,  on  application  at  any  time  within 
the  period  of  one  year  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  one  year.  No  application 
shall  be  made  for  the  assessment  of  damages,  for  the 
taking  of  water  or  water  rights,  or  for  any  injury  thereto, 
until  the  water  is  actually  withdrawn  or  diverted  by  said 
corporation  under  tlie  authority  of  this  act. 

Section  5.  Said  corporation  may  distribute  water 
through  the  town  of  Westport,  may  regulate  the  use  of 
said  Avater  and  fix  and  collect  the  rates  to  be  paid  for  the 
use  of  the  same  :  and  may  make  such  contracts  with  said 
town,  or  with  any  tire  district  that  may  hereafter  l)e  estab- 
lished therein,  or  with  any  individual  or  corporation,  to 
supply  water  for  the  extinguishment  of  fire  or  for  any  pur- 
poses, as  may  be  agreed  upon  by  said  town  or  such  fire 
district,  individual  or  corj^oratiou,  and  the  said  corpora- 
tion ;  and  may  establish  ])ublic  fountains  and  hydrants 
and  relocate  and  discontinue  the  same. 

Section  6.  Said  corporation  may,  for  the  purposes 
set  forth  in  this  act,  hold  real  estate  not  exceeding  in 
value  twenty  thousand  dollars ;  and  the  Avhole  capital 
stock  of  said  corporation  shall  not  exceed  forty  thousand 
dollars,  to  l)e  divided  into  shares  of  one  hundred  dollars 
each. 

Section  7.  Immediately  after  the  payment  of  the  cap- 
ital of  said  company  a  certificate  shall  be  signed  and 
sworn  to  ])y  its  president,  treasurer  and  at  least  a  major- 
ity of  the  directors,  stating  the  fact  of  such  payment,  the 


Acts,  1895.  — Chap.  360.  407 

manner  in  which  the  same  has  been  paid  in,  and  the 
manner  in  which  such  capital  has  been  invested,  or  voted 
by  the  corporation  to  be  invested,  at  the  time  of  maldng 
the  certificate.  Such  certificate  shall  be  approved  by  the 
commissioner  of  corporations  and  shall  be  filed  in  the 
office  of  the  secretary  of  the  Commonwealth.  The  con- 
veyance to  the  corporation  of  property,  real  or  personal, 
at  a  fair  valuation,  shall  be  deemed  a  sufficient  paying  in 
of  the  capital  stock  to  the  extent  of  such  value,  if  a  state- 
ment is  included  in  the  certificate,  made,  signed  and 
sworn  to  by  its  president,  treasurer  and  a  majority  of  its 
directors,  giving  a  description  of  such  property  and  the 
value  at  which  it  has  been  taken  in  payment,  in  such 
detail  as  the  commissioner  of  corporations  shall  require  or 
approve,  and  endorsed  with  his  certificate  that  he  is  satis- 
fied that  said  valuation  is  fair  and  reasonable. 

Sectiox  8.  Said  corporation  may  issue  bonds  and  ^ag^  tond8?eto! 
secure  the  same  by  a  mortgage  on  its  franchise  and  other 
property  to  an  amount  not  exceeding  its  capital  stock 
actuall}'  paid  in.  The  proceeds  of  all  bonds  so  issued 
shall  only  be  expended  in  the  extension  of  the  works  of 
the  company  and  for  the  payment  of  expenditures  actually 
made  in  the  construction  of  the  works,  over  and  above  the 
amount  of  the  capital  stock  actually  paid  in. 

Sectiox  9 .     The  capital  stock  and  1  )onds  hereinbefore  issue  of  stock 

,-,•-,■,     TT    ,.  t  -,       '  1  J.  and  bonds  to  be 

authorized  shall  be  issued  only  m  such  amounts  as  may  approved  by 
from  time  to  time,  upon  investigation  by  the  commissioner  corporation^  ''^ 
of  corporations,  be  deemed  by  him  to  be  reasonably 
requisite  for  the  purposes  for  which  such  issue  of  stock  or 
bonds  has  been  authorized.  His  decision  approving  such 
issue  shall  specify  the  respective  amounts  of  stock  and 
bonds  authorized  to  be  issued  and  the  purposes  to  which 
the  proceeds  thereof  are  to  be  applied.  A  certificate  set- 
ting forth  his  decision  shall  be  filed  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. 

Sectiox  10.     "Whoev^er  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  water,  etc. 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  corporation  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said   corporation  three  times  the  amount  of  damages 


408 


Acts,  1895.  — Chap.  360. 


assessed  therefor,  to  be  recovered  in  an  action  of  tort ; 
and   uj)()n    conviction    of  either  of  the  above  wilful  or 
wanton  acts  shall  be  punished  by  a  line  not  exceeding 
three  hundred  dollars  or  b}'  imprisonment  not  exceeding 
one  year. 
Town  may  take       SECTION  11.     Said  towu  of  West})ort  sliall  liavc  the 
erty.etc.'aiauy  right  at  any  time  to  take,  by  purchase  or  otherwise,  the 
time.  franchise,  corporate  property  and  all  the  rights  and  priv- 

ileges of  said  corporation,  on  payment  to  said  corjjoration 
of  the  actual  cost  of  its  franchise,  works  and  property  of 
all  kinds  held  under  the  provisions  of  this  act,  including 
in  such  cost  interest  on  each  expenditure  from  its  date  to 
the  date  of  said  purchase  or  taking,  as  herein  provided,  at 
the  rate  of  five  per  cent,  per  annum.  If  the  cost  of  main- 
taining and  operating  the  works  of  said  corjioration  ex- 
ceeds in  any  year  the  income  derived  from  said  works  by 
said  corporation  for  that  year,  then  such  excess  shall  be 
added  to  the  total  cost ;  and  if  tlie  income  derived  from 
said  works  by  said  corporation  exceeds  in  any  year  the 
cost  of  maintaining  and  ojierating  said  works  for  that 
year,  then  such  excess  shall  ho  deducted  from  the  total 
cost.  An  itemized  statement  of  the  receipts  and  expendi- 
tures of  said  corporation  shall  be  annually  submitted  to 
the  selectmen  of  the  town  of  "Westport,  and  by  said  select- 
men to  the  citizens  of  said  town.  If  said  corporation  has 
incurred  indebtedness  the  amount  of  such  indebtedness 
outstanding  at  the  time  of  such  taking  shall  be  assumed 
by  said  town,  and  shall  be  deducted  from  the  amount 
required  to  be  paid  by  said  town  to  said  corporation  under 
the  foregoing  provisions  of  this  section.  This  authority 
to  purchase  such  franchise  and  property  is  granted  on 
condition  that  the  purchase  is  assented  to  by  said  town  by 
a  two  thirds  vote  of  the  voters  of  said  town  present  and 
voting  thereon  at  a  meeting  legally  called  for  that  jnirpose. 
Section  12.  Said  town  may,  for  the  purpose  of  pay- 
ing the  cost  of  said  corporate  i)roi)erty  and  the  necessary 
expenses  and  liabilities  incurred  under  the  })rovisions  of 
this  act,  issue  from  time  to  time  bonds,  notes  or  scrip  to 
an  amount  not  exceeding  in  the  aggregate  eighty  thousand 
dollars ;  such  bonds,  notes  and  scrip  shall  bear  on  their 
face  the  words.  Horse  Neck  AA'ater  Loan  ;  shall  be  pay- 
able at  the  expiration  of  periods  not  exceeding  thirty  years 
from  the  date  of  issue ;  shall  bear  interest  payable  semi- 
annually at  a  rate  not  exceeding  six  per  cent,  per  annum, 


Statement  of 
receipts  and 
expenditures 
to  be  made 
annually. 


Horse  Neck 
■Water  Loan. 


Acts,  1895.  — Chap.  360.  409 

and  shall  be  signed  by  the  treasurer  of  the  town  and 
countersigned  by  the  water  commissioners  hereinafter 
provided  for.  Said  town  may  sell  such  securities  at  pub- 
lic or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  of  this  act,  uj)on  such  terms  and  condi- 
tions as  it  may  deem  proper.  Said  town  shall  provide  at  sinking  fund, 
the  time  of  contracting  said  loan  for  the  estal)lishment  of 
a  sinking  fund  and  shall  annually  contribute  to  such  fund 
a  sum  sufficient  with  the  accumulations  thereof  to  pay  the 
principal  of  said  loan  at  maturity.  Said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose. 

Section  13.  Said  town,  instead  of  establishing  a  sink-  May  provide  for 
ing  fund,  may  at  the  time  of  authorizing  said  loan  provide  ment's  ou  loan. 
for  the  payment  thereof  in  annual  payments  of  such 
amounts  as  will  in  the  aggregate  extinguish  the  same 
within  the  time  prescribed  in  this  act ;  and  when  such 
vote  has  been  passed  the  amount  required  thereby  shall 
without  further  vote  be  assessed  by  the  assessors  of  said 
town  in  each  year  thereafter  until  the  debt  incurred  by 
said  loan  shall  be  extinguished,  in  the  same  manner  as 
other  taxes  are  assessed  under  the  provisions  of  section 
thirty-four  of  chapter  eleven  of  the  Public  Statutes. 

Section  14.  The  return  required  b}^  section  ninety-  Return  to  state 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  Ing  fund,  etc. 
the  amount  of  any  sinking  fund  established  under  this  act, 
and  if  none  is  established  whether  action  has  been  taken 
in  accordance  with  the  provisions  of  the  preceding  section, 
and  the  amounts  raised  and  applied  thereunder  for  the 
current  year. 

Section  15.  Said  town  shall  raise  annually  by  taxa-  Payment  of  ex- 
tion  a  sum  which  with  the  income  derived  from  the  water  p®"^*"^* 
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  fund 
and  payments  on  the  principal  as  may  be  required  under 
the  provisions  of  this  act. 

Section  16.     Said  town  shall,  after  its  purchase  of  ^n'^/g^'powe're, 
said  corporate  property  as  provided  in  this  act,  at  a  legal  duties,  etc. 
meeting  called  for  the  purpose  elect  by  ballot  three  persons 
to  hold  office,  one  until  the  expiration  of  three  years,  one 
until  the  expiration  of  two  years  and  one  until  the  expira- 
tion of  one  vcar  from  the  next  succeedino;  annual  town 


410 


Acts,  1895.  —  Cii.vp.  361. 


To  be  trustees 
of  sinking  fund. 


Vacancy. 


Security  for 
payment  of 
damages,  etc., 
required  in  cer- 
tain cases. 


When  to  take 
effect. 


meetino-,  to  constitute  a  board  of  water  commissioners ; 
and  at  each  annual  town  meeting  thereafter  one  such  com- 
missioner shall  be  elected  by  ballot  for  the  term  of  three 
years.  All  the  authority  granted  to  said  town  by  this  act 
and  not  otherwise  specially  provided  for  shall  be  vested 
in  said  l)oard  of  water  conmiissioners,  who  shall  ])e  subject 
however  to  such  instructions,  rules  and  regulations  as  said 
town  may  impose  by  its  vote.  Said  commissioners  shall 
be  trustees  of  the  sinking  fund  herein  provided  for  and  a 
majority  of  the  commissioners  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  from  any  cause  may  be  filled  for  the  remainder 
of  the  unexpired  term  by  said  town  at  any  legal  town 
meeting  called  for  the  purpose. 

Sectiox  17.  Upon  application  of  the  owner  of  any 
land,  water  or  water  rights  taken  under  this  act  the  county 
commissioners  for  the  county  in  which  such  land,  water  or 
water  rights  are  situated  shall  require  said  corporation  to 
give  satistactory  security  for  the  payment  of  all  damages 
and  costs  which  may  ])e  awarded  such  owner  for  the  land 
or  other  property  so  taken  ;  but  previous  to  requiring  such 
security  said  county  commissioners  shall,  if  application 
therefor  is  made  by  either  party,  make  an  estimate  of  the 
damages  which  may  result  from  such  taking;  and  said 
county  commissioners  shall  in  like  manner  require  further 
security  if  at  any  time  the  security  before  required  appears 
to  them  to  have  become  insufficient ;  and  all  the  right  or 
authority  of  said  corporation  to  enter  upon  or  use  such 
land  or  other  property,  except  for  the  purpose  of  making 
surveys,  shall  be  suspended  until  it  gives  the  security 
required. 

Section  18.  This  act  shall  take  effect  upon  its  pas- 
sage, but  shall  become  void  unless  work  under  this  act  is 
commenced  within  three  years  from  the  date  of  its  pas- 
sage. Approved  May  9,  1895. 


Chcip.SGIL  -A^N  Act  to  make  cektaix  army  nurses  eligible  to  receive 

STATK   AID. 


Certain  women 
who  served  as 
army  nurses 
eligible  to  re- 
ceive state  aid. 


Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  "Women  who  by  appointment  from  the 
proper  authorities  of  the  United  States  or  by  the  authority 
of  the  ofovernor  of  this  Commonwealth  served  for  a  period 


Acts,  1895.  — Chap.  362.  411 

of  not  less  than  three  months  as  nurses  in  the  army  hospi- 
tals of  the  United  States  in  the  war  of  the  rebellion,  between 
the  nineteenth  day  of  April  in  the  year  eighteen  hundred 
and  sixty-one  and  the  first  day  of  September  in  the  year 
eighteen  hundred  and  sixty-five,  having  been  appointed 
for  such  service,  shall  be  eligible  to  receive  state  aid  under 
the  provisions,  rules  and  limitations  of  chapter  three  hun- 
dred and  one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  while  residents  of  this  Commonwealth  and 
actually  residing  therein,  and  who  were  honorably  dis- 
charged from  such  service  ;  jiivvided,  that  each  applicant  Proviso, 
shall  have  been  an  actual  resident  of  this  Commonwealth 
for  three  consecutive  years  next  prior  to  the  date  of  ap- 
plication, and  that  the  municipal  authorities  of  the  city 
or  town  in  which  the  applicant  resides  shall  be  satisfied 
on  evidence  first  presented  to  the  commissioners  of  state 
aid  and  satisfactory  to  them  that  justice  and  necessity 
require  the  granting  of  aid. 

Section  2.     The  sum  which  such  persons  shall  be  en-  Amount  to  be 
titled  to  receive  shall  not  exceed  four  doUars  per  month,  ?'"''•  ^*'=- 
the  amount  to  be  paid,  and  the  length  of  time  it  shall 
continue  to  be  paid,  to  be  determined  by  the  commissioners 
of  state  aid  upon  evidence  furnished  to  them  of  the  justice 
and  necessity  of  such  payment. 

Section  3.     No  person  shall  be  aided  under  the  provi-  certain  persons 
sions  of  this  act  who  is  receiving  or  may  hereafter  receive  °° 
an  annuity  from  this  Commonwealth. 

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

Approved  May  9,  1895. 

An  Act  to  require  locomotives  and  cars  used  in   traffic  (J]iav»^G2t 

WITHIN    the    commonwealth    TO    BE    EQUIPPED   "WITH   CERTAIN 
SAFETY  APPLIANCES, 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     On  and  after  the  first  day  of  Januarv  in  certain  loco. 

xi  •     I  J.  U11  1'j  ■     ^  1  -i't    motives  and  cars 

the  year  eighteen  hundred  and  ninety-eight  no  railroad  to  be  equipped 
corporation  shall  use  in  moving  traffic  between  points  in  pifancesf*^  ''^' 
this  Commonwealth  any  locomotive  which  is  not  equipped 
with  a  power  driving  wheel  brake  and  appliances  for 
operating  the  train  brake  system ;  or  shall  run  any  train 
in  such  traffic  on  and  after  said  date  that  has  not  a  suffi- 
cient number  of  cars  in  it  so  equipped  with  power  or  train 
brakes  that  the  engineer  on  the  locomotive  drawino'  such 


412  Acts,  1895.  — Chap.  362. 

train  can  control  its  speed  without  roquirins;  hrakcmon  to 
use  the  common  hand  brake  for  tliat  purpose  ;  and  when 
any  such  corporation  shall  have  equipped  a  sufficient 
number  of  its  cars  so  as  to  comply  with  the  provisions 
of  this  section  it  may  lawfully  refuse  to  receive  from  con- 
nectinir  lines  of  raih-oad  any  cars  used  in  such  traffic 
which  are  not  equipped  sufficiently,  in  accordance  with 
this  section,  with  such  power  or  train  brakes  as  will  work 
and  readily  interchange  with  the  brakes  in  use  on  its  own 
cars,  as  required  by  this  act. 
Cars  to  be  Sectiox  2.     Ou  and  after  the  date  aforesaid  no  railroad 

equipped  with  ,  iiiii 

automatic  corporatiou  shall  haul  or  permit  to  be  hauled  or  used  on 

coup  ers.  .^^  Hnes  in  moving  traffic  between  points  in  this  Common- 

wealth any  car  which  is  not  equi})[)ed  with  couplers 
couplino;  automatically  by  impact,  and  which  can  be  un- 
coupled without  the  necessity  of  men  going  between  the 
ends  of  the  cars, 
"^^th^  rari^on^B  Section  3.  On  and  after  the  first  day  of  July  in  the 
etc.  '  present  year,  and  until  otherwise  ordered  by  the  board  of 

railroad  connnissioners,  no  railroad  corporation  shall  use 
in  moving  traffic  between  points  in  this  Ccmimonwealth 
any  car  which  is  not  provided  with  secure  grab-irons  or 
hand-holds  in  the  ends  and  sides  of  each  car  for  greater 
ProviBo.  security  to  men  in  coupling  and  uncoupling  cars  :  provided, 

that  this  section  shall  not  apply  to  Hat  cars  which  are 
equipped  with  automatic  couplers  such  as  are  described 
in  section  two. 
standard  height  SECTION  4.  The  standard  height  of  drawbars  for 
freigiit  cars.  freight  cars,  measured  perpendicularly  from  the  level  of 
the  top  of  the  rails  to  the  centres  of  the  drawbars,  shall 
be  thirty-four  and  one  half  inches  for  standard  gauge 
railroads  and  twenty-six  inches  for  narrow  gauge  rail- 
roads, with  a  maximum  variation  from  $uch  standard 
height,  in  cither  case,  of  three  inches  between  the  draw- 
Imrs  of  empty  and  loaded  cars ;  and,  on  and  after  the  date 
last  above-named,  no  freight  car,  either  loaded  or  un- 
loaded, shall  be  used  in  moving  traffic  between  points  in 
this  Commonwealth  with  drawbars  which  do  not  comply 
with  the  above  standard. 
Penalty.  SECTION  5.     A  railroad  corporation  using  any  locomo- 

tive engine,  running  any  train,  or  hauling  or  permitting  to 
be  hauled  or  used  on  its  line  any  car  in  violation  of  any  of 
the  provisions  of  this  act  shall  be  liable  to  a  penalty  of  one 
hundred  dollars  for  each  such  violation,  to  be  recovered 


Acts,  1895.  — Chap.  363.  413 

in  an  action  of  tort  to  the  use  of  the  Commonwealth 
by  the  attornej'-general  or  the  district  attorney  for  the 
district  in  which  such  violation  was  committed :  provided,  Proviso. 
that  nothing  in  this  act  contained  shall  apply  to  trains 
composed  of  four  wheel  cars,  or  to  locomotives  used  in 
haiding  such  trains. 

Sectiox  G.     The  board  of  railroad  commissioners  may  Time  may  be 
from  time  to  time,  upon  full  hearing  and  for  good  cause, 
extend  the  period  within  which  any  railroad  corporation 
shall  comply  with  the  provisions  of  this  act. 

Section  7.  Any  employee  of  such  corporation  who  injuries  to  em. 
may  be  injured  by  any  locomotive,  car  or  train  in  use 
contrary  to  the  provision  of  this  act  shall  not  be  deemed 
thereby  to  have  assumed  the  risk  thereby  occasioned, 
although  continuing  in  the  employment  of  such  corpo- 
ration after  the  unlawful  use  of  such  locomotive,  car  or 
train  has  been  brouoht  to  his  knowledge. 

Approved  May  .9,  1895. 


ployees. 


Ax  Act  to  provide  for  thk  preparation    and    publication 

OF  A   SECOND   SUPPLEMENT  TO   THE   PUBLIC   STATUTES. 


(77iap.363 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  g-overnor,  with  the  advice  and  consent  second  suppie. 

„     ,  ..        ,      --^  .  1   -11     T  merit  to  Public 

or  the  council,  shall  appoint  some  slviUed  person  to  pre-  statutes  to  be 
pare  a  second  supplement  to  the  Public  Statutes,  contain-  ^"^"^^^^  ■ 
ing  the  general  laws  passed  since  the  passage  of  the  laws 
embraced  in  the  supplement  to  the  Public  Statutes,  down 
to  and  including  the  laws  passed  in  the  year  eighteen 
hundred  and  ninety-five,  together  with  a  suitable  index 
thereof  and  with  marginal  references  to  the  statutes 
affected  by  such  laws,  and  to  the  decisions  of  the  supreme 
judicial  court  relating  thereto.  It  shall  also  contain  a 
copy  of  the  table  of  changes  in  the  Public  Statutes  and 
the  laws  subsequent  thereto,  as  prepared  for  the  year 
eighteen  hundred  and  ninety-five  under  the  authority  of 
chapter  two  hundred  and  thirty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-two. 

Section  2.     The  supplement  herein  provided  for  shall  fj^^o^f* 
be  stereotyped  and  printed.    The  first  edition  of  such  sup- 
plement shall  consist  of  three  thousand  copies,  and  further 
editions  thereof  may  be  printed  at  the  discretion  of  the 
ofovernor  and  council. 


414  Acts,  1895.  — Chaps.  364,  365. 

Distribution.  Sectiox  3.     Copics  of  sucli  Supplement  shall   be  dis- 

tributed as  provided  in  section  four  of  chapter  three  hun- 
dred and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-eight,  and  of  chapter  two  hundred 
and  thirty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-tive ;  and  one  copy  shall  be  furnished  each 
member  of  the  general  court  of  the  year  eighteen  hundred 
and  ninety-tive. 

foner^ces.""         Sectiox  4.     The  Compensation  for  the  services  herein 

provided  for  shall  be  tixed  by  the  governor  and  council. 

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

Approved  May  9,  1895. 


C'7ift».3()4  "^^  ^^^  '^^  PROVIDE  FOR  ADDITIONAL  CLERICAL  ASSISTANCE  IN 
THE  OFFICE  OF  THE  REGISTER  OF  PROBATE  AND  INSOLVENCY 
FOR  THE   COUNTY   OF   SUFFOLK. 

Be  it  enacted,  etc.,  as  follows: 
Clerical  aeeiet.  Section  1.  The  register  of  probate  and  insolvency 
for  the  county  of  Sufiblk  shall  be  allowed,  in  addition  to 
the  amount  now  allowed  by  law,  a  sum  not  exceeding 
eighteen  hundred  dollars  a  year  for  clerical  assistance 
ac-tually  performed,  to  be  paid  from  the  treasury  of  the 
Commonwealth  upon  the  official  certificate  of  said  register, 
countersigned  by  a  judge  of  probate  and  insolvency  for 
said  county. 

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

Approved  May  9,  1895. 

Char)  S65  ^^  -^^^  maong  appropriations  for  salaries  of  employees, 

•*   *  AND    other  necessary   EXPENSES   IN   THE    DEPARTMENT   OF  THE 

SERGEANT- AT-A  RMS. 

Be  it  enacted,  etc.,  as  folloivs: 
Appropriations       Section  1.     Thc  sums  hereinafter  mentioned  are  ap- 

for  salaries,  etc.,  i  i  .  i  r     ^  r     i  ^ 

in  department  propriatcd,  to  bc  paid  out  ot  the  treasury  or  the  Common- 
arm"^^*°^""^"  Wealth  from  the  ordinary  revenue,  for  the  payment  of  the 
salaries  of  employees,  for  expenses  in  connection  with  the 
care  of  the  state  house  and  grounds,  and  for  other  neces- 
sary expenses  in  the  department  of  the  sergeant-at-arms 
for  the  year  ending  on  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-five,  to  wit :  — 
For  the  salaries  of  the  watchmen  and  assistant  watchmen, 
a  sum  not  exceeding  eight  thousand  two  hundred  dollars ; 
for  the  salaries  of  a  stenographer  and  office  boy,  a  sum 
not  exceeding  twelve  hundred  dollars ;  for  the  salary  of 


I 


Acts,  1895.  — Chap.  366.  415 

a  matron,  a  sum  not  exceeding  ei2:ht  hundred  dollars  ;  for  Appropriations 

,11.,..  i   "^  T  xi  xi  1    for  salaries,  elc, 

the  salaries  ot  porters,  a  sum  not  exceeding  three  thousand  io  department 
dollars ;  for  the  salary  of  a  gardener,  a  sum  not  exceeding  arm"^*^""''^*" 
nine  hundred  dollars  ;  for  the  salary  of  the  chief  engineer 
and  assistant  engineers,  a  sum  not  exceeding  four  thou- 
sand five  hundred  dollars ;  for  the  salaries  of  firemen, 
oilers  and  cleaners,  a  sum  not  exceeding  seven  thousand 
eight  hundred  dollars ;  for  the  salaries  of  electricians,  a 
sum  not  exceeding  two  thousand  three  hundred  dollars ; 
for  the  salaries  of  a  man  to  care  for  elevator  pump  and 
machinery,  and  for  elevator  men,  a  sum  not  exceeding 
three  thousand  eight  hundred  dollars ;  for  the  salary  of 
a  steam  fitter  and  helper,  a  sum  not  exceeding  fifteen 
hundred  dollars.  The  above  amounts  are  authorized  by 
chapter  sixty-eight  of  the  resolves  of  the  present  year  and 
are  in  addition  to  the  sums  now  provided  by  law  to  be 
expended  under  the  direction  of  the  sergeant-at-arms. 
For  the  care  of  the  state  house  and  grounds,  a  sum  not 
exceeding  twenty-five  thousand  dollars.  For  fuel  and 
lights,  including  coal,  water,  gas,  and  removal  of  ashes, 
etc.,  a  sum  not  exceeding  thirty-seven  thousand  dollars. 
For  telephones,  a  sum  not  exceeding  thirty-five  hundred 
dollars. 

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

Approved  May  9,  1895. 

An  Act  relatfve  to  the  issuing  of  life  insuraxce  policies  f^J^ff^i  ^fifi 

"WITHOUT  previous  MEDICAL   EXArkUXATION.  "' 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     No  life  insurance  company  organized  under  Not  to  issue 
the  laws  of  or   doing   business   in   this    Commonwealth  previous"^"^"*^' 
shall   enter   into   any    contract   of  insurance    upon  lives  na^tton!'  ^^''™'' 
within   this    Commonwealth   without   having    previously 
made  or  caused  to  be  made  a  prescribed  medical  examina- 
tion of  the  insured  by  a  registered  medical  practitioner. 

Section  2.  Any  insurance  company  violating  the  pro-  Penalty. 
visions  of  this  act,  or  any  officer,  agent  or  other  person 
soliciting  or  effecting,  or  attempting  to  effect,  a  contract 
of  insurance  contraiy  to  the  provisions  hereof,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  puni.shed  by 
a  fine  not  exceeding  one  hundred  dollars  for  each  offence. 

Section  3.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  September  in  the  year  eighteen  hundred  and  ninety-    ^^''  ' 
five.  Approved  May  9,  1895. 


precincts. 


416  Acts,  1895.  — Chaps.  367,  368,  369. 


Chan.S&T  ^^  ^'^^  ^^  authorize  the  city  of  NEAVTOX  to  divide  "VVAKD  1  TV' e 

INTO   VOTING   PKECINCTS. 

Be  it  enacted^  etc.,  as  follows: 

S^iivS^  Section  1.     The  mayor  and  aldermen  of  the  city  of 

Newton,  into  Newton  are  hereby  authorized  to  divide  ward  live  of  said 
city  into  precincts,  so  that  the  village  oi  JNewton  Upper 
Falls,  so-called,  and  the  territory  contiguous  thereto,  shall 
constitute  one  such  preciru^t,  and  the  village  of  Newton 
Highlands,  so-called,  and  the  territory  contiguous  thereto, 
shall  constitute  one  such  i)rccinct,  and  the  village  of 
Waban,  so-called,  and  the  territory  contiguous  thereto, 
shall  constitute  one  such  precinct.  The  boundaries  of 
such  precincts  shall,  so  far  as  possible,  be  the  centre  lines 
of  known  streets  or  ways. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Aj^proved  May  9,  1S95. 


Chan.SGS  -^  ■^'^'^  '^^  exempt  certain  TOAVN  HAL1,S  from  THE  OPERATION  OF 
THE  LAW  REGULATING  THE  CONSTRUCTION  OF  BUILDINGS  TO  BE 
USED   AS  THEATRES. 

Be  it  enacted,  etc.,  as  follows: 
1894. 3S2,^nouo  Section  1.  The  provisions  of  chapter  three  hundred 
lowu  halls,  etc.  jiud  cighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  shall  not  apply  to  town  halls  or  public 
buildings  under  construction  on  or  Jjefore  the  lirst  day  of 
October  in  the  year  eighteen  hundred  and  ninety-four, 
built  of  brick  and  not  over  two  stories  in  height. 

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

Approved  May  9,  1895. 

Chav.^i^^  An  Act  establishing  the  compensation  to  be  allowed  deputy 
*  sheriffs  for  attending  sittings  of  the  supreme  judicial 

and  superior  courts  in  certain  counties. 

Be  it  enacted,  etc.,  as  follows: 
Compensation  Thc  sum  to  be  allowcd  to  deputy  sheriffs  designated  by 
depuiy^'eheriffs.  shcriffs  to  attend  the  sittings  of  the  supreme  judicial  and 
superior  courts  in  all  counties  where  no  provision  is  made 
for  the  payment  of  an  annual  salary  shall  be  five  dollars 
each  for  each  day's  attendance,  and  travel  as  now  provided 
by  law,  which  shall  be  paid  from  the  treasuries  of  said 
counties.  Approved  May  9,  1895. 


Acts,  1895.  — Chaps.  370,  371,  372.  417 


An  Act  to  dissolve  the  first  haptist  society  of  maublehead.  (JJ^Qr^j  37Q 

Be  it  enacted,  etc.,  asfoUoivs: 

Sectiox  1.     The  First  Baptist  Society  of  Marblehead  I^t'sS^oF" 
is  hereby  dissolved,  subject  to  the  provisions  of  sections  ^^g^/^^^j^'"' 
forty-one  to  forty-five  inchisive  of  chapter  one  hundred 
and  five  of  the  Public  Statutes. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  ^g®"*"*"^'' 
ance  by  said  society  at  a  legal  meeting   called   for   the 
purpose.  Approved  May  9,  1895. 


Chap.371 


An  Act   authorizing    the    tom'xs    in    the    county  of  dukes 
county  to  unite  in  employing  a  superintendent  of  schools. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  towns  of  Edgartown,  Cottage  City,  Towns  in 
Tisl)ury,  West  Tisbury,  Chilmark,  Gay  Head  and  Gos-  Say^imuei'n^ 
nokl,  or  any  two  or  more  of  them,  after  their  acceptance  g^p^edntencTent 
of  this  act,  notwithstanding  said   towns  do  not  contain  of  schools. 
twenty-five  schools,  are  hereby  authorized  to  unite  for  the 
purpose  of  the  employment  of  a  superintendent  of  schools, 
and   shall   have  the    same  right  to  receive  an  allowance 
from  the  state  treasury  and  be  subject  to  the  same  duties 
and  liabilities  as  other   towns    so    authorized   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. 

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

Approved  May  9,  1895. 


Chcvp.^12 


An  Act  relative  to  the  forwarding  by  clerks  of  courts 
of  certain  papers  to  the  attorney-general. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  one  of  chapter  three  hundred  and  i^^o.  374  §1, 

■.  /'I  •     1  •     1  1  amended. 

seventy-lour  01  the  acts  01  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  inserting  in  the  fourth  line, 
before  the  word  "Commonwealth",  the  words  :  —  attorney- 
general   appears  for   the,  —  and  by  striking  out   in   the 
fourth   and   fifth  lines,  the  words  "is  a  party  or  inter- 
ested", so  as  to  read  as  follows  :  —  Section  1.     It  shall  be  cierka  of  courts 
the  duty  of  clerks  of  courts  to  cause  to  be  printed  and  toiu°prp''er'ito'^' 
forwarded  to  the  attorney-general,  at  Boston,  one  or  more  g"°era7" 
copies  of  all  bills  of  exceptions  and  reports  of  cases  in 


418 


Acts,  1895.  — Chaps.  373,  374. 


"which  the  attorney-£roncral  api^oars  for  tlie  Commonwealth, 
as  soon  as  may  be  after  the  same  have  been  allowed  and 
filed. 

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

Approved  May  9,  1895, 


ChCtV.d'lS  -^^    ^^^'^  KELATIVE  TO   THE  RIGHT  OF   STATE   OKFXCIALS  TO  CONSULT 

"WITH   THE   ATTOUNEY-GEXEKAL. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  attorney-general  shall,  "uhen  required 
by  any  department  of  the  Commonwealth,  or  l)y  any  state 
Ijoard  or  commission  having  jurisdiction  throughout  the 
Commonwealth,  consult  and  advis(>  with  them  on  questions 
of  law  relating  to  their  official  business. 

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

Ai^proved  May  9,  1895. 


Certain  elate 
officials  may 
consult  with 
attorney- 
general. 


Chap 


Certain  towns 
may  elect  a 
highway  sur- 
veyor. 


When  to  take 
effect,  et';. 


'V7A  An  Act  to  authorize  toavns  to  place  the  AmiiNiSTRATiox  or 

THEIU   HIGHWAYS   UNDER  A   SINGLE   HIGHWAY   SURVEYOR. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  In  towns  which  vote  to  accept  the  pro- 
visions of  this  act  there  shall  be  elected  at  the  annual 
town  meeting  in  each  3'ear  until  such  acce})tance  is  revoked 
by  the  town  at  an  annual  meeting,  a  single  highway  sur- 
veyor, who  shall  hold  his  ofiice  for  one  year  from  the 
date  of  his  election  and  shall  have  the  exclusive  control  of 
the  ordinary  repair  of  highways,  town  ways,  streets, 
causeways  and  bridges  in  said  town,  without  being  sub- 
ject to  the  authority  of  the  selectmen.  When  such  a 
surveyor  is  elected  the  term  of  office  of  any  road  commis- 
sioner previously  elected  shall  terminate. 

Section  2.  In  towns  in  which  l)anots  are  not  provided 
at  the  expense  of  the  town  the  question  of  the  acceptance 
or  revocation  of  the  acceptance  of  this  act  shall  be  voted 
upon  only  at  an  annual  town  meeting,  and  such  vote  shall 
take  etl'ect  forthwith.  In  other  towns  the  question  may 
be  voted  upon  either  at  an  annual  or  special  meeting,  and 
the  vote  shall  take  effect  at  the  annual  meeting  held  next 
after  the  expiration  of  sixty  days  from  the  date  of  such 
vote. 

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

Approved  May  9,  1895. 


Acts,  1895.  — Chaps.  375,  376.  419 


Ak  Act  relative  to  the   keimbuksement  of  certaix  towns  (^Jicir}.S'J^ 

FOli  EXPENSES  INCURRED   IN  THE   MAINTENANCE   OF    THE    INSANE 
AT   THE   STATE   ALMSHOUSE  AJSTD   THE   STATE  FARM. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Chapter  two  hundred  and  forty-three  of  a^endtd. 
the  acts  of  the  year  eighteen  hundred  and  ninety-two  is 
hereby  ainendecl  by  inserting  after  the  word  "asylums", 
in  the  sixth  line,  the  words  :  —  or  the  state  almshouse  or 
state  farm,  —  so   as   to   read   as  follows:  —  Whenever  it  Reimbursement 
shall  l)e  made  to  appear  to  the  governor  and  council  that  for'^matn^enJ^ce 
a  town  of  this  Commonwealth  having  a  taxable  valuation  °^'"*'"'^- 
of  less  than  live  hundred  thousand  dollars,  in  the  valua- 
tion of  polls  and  estates  established  by  the  general  court, 
is  lawfully  charged  with  the  maintenance,  at  one  of  the 
state  lunatic  hospitals  or  asylums,  or  the  state  almshouse 
or  state  farm,  of  an  insane  person,  by  reason    of  such 
person  having  a  legal  settlement  in  such  town,  the  ex- 
pense  hereafter   incurred   for   such  maintenance  may  be 
reimbursed  such  town  in  whole  or  in  part  from  the  state 
treasury. 

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

Approved  May  9,  1895. 


An  Act  to  authorize  the  atpointment  of  a  registrar  of  (JJiriryy  37() 

LABOR.  '^ 

Be  it  enacted,  etc.,  as  follows: 

Sectiox"  1.     The  civil  service  commissioners  are  au- civii  service 
thorized  to  appoint  a  registrar  of  labor,  who  shall  under  m^Tppo'int" 
their  direction  supen-ise  the  administration  of  civil  service  [Xn"^""'  °^ 
rules  applicable  to  the  public  labor  service  of  the  Com- 
monweahh  or  any  city  thereof.     He  shall  receive  an  annual 
salary  of  two  thousand  dollars  and  be  allowed  his  actual 
travelling  expenses  incurred  in  the  discharge  of  his  official 
duties.     The  salary  and  travelling  expenses  for  the  current 
year  shall  be    paid  from   the   appropriation    for  clerical 
assistance  and  travelling  expenses  of  the  civil  service  com- 
missioners as  authorized  by  chapter  thirteen  of  the  acts 
of  the  present  year. 

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

Approved  May  11,  1895. 


420 


Acts,  1895.  — Chap.  377. 


Chap.377  an  act  to  p 


KOVIDE    AX     ADDITIONAL    "WATElt    SUI'PKY     FOU    THE 
TOAVX   OF   HUADKOUD. 


Be  it  enacted,  etc.,  as  follows, 


May  take  cer 
tain  waters, 
lanJs,  etc. 


Section  1.  The  town  of  Bradford,  for  the  purpose 
of  supplying  itself  and  its  inhabitants  with  water  for  the 
extinguishment  of  fires  and  for  domestic  and  other  pur- 
poses, may  take  and  hold  so  nuich  as  it  may  require  for 
the  purposes  herein  mentioned,  but  not  exceeding  one 
million  gallons  in  any  one  day,  of  the  waters  of  Johnson's 
pond,  situated  in  the  towns  of  Groveland  and  lioxford, 
and  the  waters  that  flow  into  and  from  the  same  ;  and  for 
the  purposes  herein  mentioned  may  take  and  hold  by 
purchase  or  otherwise  any  lands,  water  rights,  rights  of 
way  and  easements  necessary  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  its  water  sup[)ly  and 
for  collecting,  purifying,  raising,  storing,  retaining,  dis- 
charffinff,  conducting  and  distributino-  said  waters ;  with 
full  power  and  authority  to  construct  aque<lucts  and  main- 
tain dams,  reservoirs,  storage  basins  and  other  proper 
May  erect  build- works  ;  to  crcct  buildiugs  and  machinery-;  to  make  and 
establish  such  public  fountains  and  hydrants  as  may  from 
time  to  time  be  deemed  proper,  and  to  change  or  dis- 
continue the  same ;  to  regulate  the  use  of  water  and  to 
estal)lish  the  rates  to  be  paid  therefor,  and  collect  the 
same  by  process  of  law  ;  and  with  full  power  and  author- 
ity for  the  puri:)oses  aforesaid  to  carr}^  any  pipe,  drain 
or  aqueduct  over  or  under  any  water  course,  street,  rail- 
road, pul)lic  way,  highway  or  other  way  in  such  manner 
as  not  unnecessarily  to  ol)struct  the  same  ;  to  enter  upon 
under^di^rection  and  dig  up,  raisc  and  eml)ank  such  road,  street  or  way 
of  selectmen,  ^udcr  the  dircctiou  of  the  board  of  selectmen  for  the  town 
in  which  such  road,  street  or  w^ay  is  situated,  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel 
on  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  necessar}^  or  convenient 
in  executing  the  purposes  of  this  act.  The  title  in  fee 
simple  to  all  lands  })urchascd  or  taken  under  the  pro- 
visions of  this  act  shall  vest  in  said  town  of  l>radford,  and 
the  lands  taken  may  be  managed  and  controlled  l)y  the 


ings,  etc. 


May  dig  up 


Acts,  1895.  — Chap.  377.  421 

board  of  water  commissioners  hereinafter  mentioned,  in 
such  manner  as  they  shall  deem  for  the  best  interests  of 
said  town  of  Bradford. 

Section  2.  Said  town  of  Bradford  shall,  within  ninety  DeBcripUonof 
days  after  taking  any  lands,  water  riahts,  rights  of  way  or  recorded?' *'' ^^ 
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  other  property 
is  situated  a  description  thereof  sulBciently  accurate  for 
identitication,  with  a  statement  of  the  })uri)ose  for  which 
the  same  was  taken,  which  statement  shall  be  signed  by 
the  water  commissioners  hereinafter  mentioned. 

Section  3.  Said  town  of  Bradford  shall  pay  all  dam-  Damages. 
ages  sustained  by  any  person  or  corporation  in  property 
by  the  taking  of  any  land,  water,  water  right,  easement 
or  other  pro})erty,  or  by  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  or 
corporation  sustaining  damages  as* aforesaid,  who  fails  to 
agree  with  the  town  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  the  application  of  the  town 
or  of  the  person  or  corporation  sustaining  damages  as 
aforesaid,  at  any  time  within  the  period  of  three  years 
from  the  taking  of  such  land  or  other  property  or  the 
doing  of  other  injury  under  the  authority  of  this  act ;  but 
no  such  application  shall  be  made  after  the  expiration  of 
said  three  years.  No  application  for  assessment  of  dam- 
ages for  the  taking  of  any  water  or  w^ater  rights,  or  for 
any  injury  thereto,  shall  be  made  until  the  water  is  act- 
ually withdrawn  or  diverted  by  the  town  under  the  au- 
thority of  this  act ;  and  any  person  or  corporation  whose 
water  rights  may  be  thus  taken  or  affected  may  make  his 
application  aforesaid  at  any  time  within  three  years  from 
the  time  when  the  water  shall  be  tirst  so  withdrawn  or 
diverted. 

Section  4.  Said  town  of  Bradford  may,  for  the  pur-  Bradford  water 
pose  of  paying  the  necessary  expenses  and  liabilities 
incurred  under  the  provisions  of  this  act  and  under  the 
provisions  of  chapter  three  hundred  and  ten  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-six,  issue  from 
time  to  time  bonds,  notes  or  scrip  to  an  amount  not 
exceeding  in  the  aggregate  one  hundred  and  tifty  thousand 
dollars,  in  addition  to  the  bonds,   notes   or  scrip  w^hich 


422  Acts,  1895.  — Chap.  377. 

said  town  is  authorized  to  issue  by  the  ])r()visions  of  said 
chapter  tlircc  hundred  and  ten ;  such  bonds,  notes  and 
scrip  shall  bear  on  their  face  the  words,  Bradford  Water 
Loan,  shall  be  payable  at  the  expiration  of  periods  not 
exceediuir  thirty  years  from  the  date  of  issue,  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding 
live  per  cent,  per  annum,  and  shall  Tie  signed  by  the  treas- 
urer of  the  town  and  countersigned  by  the  water  commis- 
sioners hereinafter  mentioned.  Said  town  may  sell  such 
securities  at  public  or  private  sale,  or  pledge  the  same  for 
money  borrowed  for  the  purposes  of  this  act,  upon  such 
Sinking  fund,  tcmis  and  conditions  as  it  may  deem  proper.  Said  town 
shall  provide  at  the  time  of  contracting  said  loan  for  the 
establishment  of  a  sinking  fund,  and  shall  annually  con- 
tribute to  such  fund  a  sum  sufHciont  with  the  accumula- 
tions 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 
jiurpose. 
^nn^u^'ply.^  ^°''  ^ECTiON  5.  Said  towu  of  r>radford  instead  of  estab- 
mentsonioan.  lishlng  a  siukiug  fuud  may  at  the  time  of  authorizing  said 
loan  provide  for  the  payment  thereof  in  such  annual 
proportionate  payments  as  will  extinguish  the  same  within 
the  time  prescribed  in  this  act ;  and  when  such  vote  has 
been  passed  the  amount  required  thereby  shall  without 
further  vote  be  assessed  by  the  assessors  of  said  town  in 
each  year  thereafter  until  the  debt  incurred  by  said  loan 
shall  be  extinguished,  in  the  same  manner  as  other  taxes 
are  assessed  under  the  ])rovisions  of  section  thirty-four  of 
cha})ter  eleven  of  the  Pul)lic  Statutes  and  acts  in  amend- 
ment thereof, 
^nount^of  B^nk-  SECTION  6.  Tlic  rctum  rcquircd  by  section  ninety-one 
ingfund,  eic.  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  l)een  taken 
in  accordance  with  the  provisions  of  the  preceding  sec- 
tion, and  the  amounts  raised  and  ajiplied  thereunder  for 
the  current  year. 
Payment  of  Section  7.     Said  towu  of  P)radford  shall  raise  annually 

expenses.  _  •    i         .    i  •  i       •         i   x-  i 

by  taxation  a  sum  which  with  the  income  derived  rrom  the 
water  rates  will  be  sufficient  to  pay  the  current  annual  ex- 
penses of  o])erating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds,  notes  and  scrip  issued  as  aforesaid 
by  said  town,  and  lo  make  such  contributions  to  the  sink- 


Acts,  1895.  — CnAr.  377.  423 

iiiir  fund  and  payments  on  the  principal  as  may  be  re- 
quired under  the  provisions  of  this  act. 

Sectiox  8.  Whoever  wilfully  or  wantonly  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  watTrret".  °^ 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  of  Bradford  under  the 
authority  and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  town  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  either  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  tine  not  exceeding  three  hun- 
dred dollars  or  l)y  imprisonment  not  exceeding  one  year. 

Section  9.     All  the  authority  given  the  town  of  Brad-  Water  commis- 

/.,,  ,.  •,  ■,  •'O  .11  •  1     -I     f        sioners,  powers, 

ford  by  this  act  and  not  otherwise  especially  provided  for  duties,  etc. 
shall  be  vested  in  the  ])oard  of  water  commissioners  pro- 
vided for  I)y  section  fourteen  of  said  chapter  three  hun- 
dred and  ten  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six.  Their  term  of  office  shall  date  from  the  annual 
meeting  of  said  town  for  the  year  eighteen  hundred  and 
ninety-five,  and  said  commissioners  shall  be  the  trustees 
of  any  sinking  fund  established  for  the  payment  of  any 
loan  authorized  by  this  act. 

Section  10.     Nothing  in  this  act  shall  be  construed  to  Not  to  affect 
prevent  the  towns  of  Groveland  and  Boxford  from  sup-  oroveiand'and^ 
plying  themselves  with  water  from  said  Johnson's  pond,  ^°^^ord. 
independently  of  said  town  of  Bradford. 

Section  11.     The  i)rovisions  of  this  act  shall  not  affect  certain  ris;hts  of 

.     1  /'    1  i>  f     ^         CTroveland 

or  im[)air  any  right  oi  the  present  or  luture  owners  ot  the  wooien  Miiis 
mills  and  privileges  now  known  as  the  Groveland  Woolen  °°  "^p^""*^ 
Mills,  situated  in  said  Groveland,  to  draw  water  from  said 
Johnson's  pond  for  the  purposes  of  said  mills  and  privi- 
leges concurrently  with  said  town  of  Bradford,  acting 
under  the  provisions  of  this  act,  until  the  water  in  said 
pond  is  drawn  as  low  as  they  could  draw  it  through  the 
outlet  from  said  pond  towards  said  mills  as  said  outlet 
existed  on  the  first  day  of  January  in  the  year  eighteen 
hundred  and  ninety-five. 

Sf:ction  12.  If  said  town  of  Bradford  takes  water  from  certain  waters 
said  Johnson's  pond  under  the  provisions  of  this  act  it  °  ^^°'^^  '^°- 
shall  make  proper  provisions  for  storing  all  the  waters  of 
the  watershed  of  Chadwick's  pond  in  Bradford  and  Box- 
ford  which  flow  into  said  Johnson's  pond,  and  the  water 
so  stored  shall  from  time  to  time  be  allowed  to  flow  into 
said  Johnson's  pond  whenever  Johnson's  pond  will  fur- 


421  Acts,  1895.  —  Chaps.  378,  379. 

nish  storaire  capacity  for  said  water  and  not  otlierwise  ; 
and  for  the  purposes  herein  mentioned  said  town  of  Brad- 
ford may  take  and  hold  by  purchase  or  otherwise  such 
lands,  waters,  water  rights,  rights  of  way  and  easements 
as  may  be  deemed  necessary, 
^onfjohnrn's  Section  13.  Said  towiM)f  Pmidford  sliall  provldc  suit- 
pondto  be         y])]^  api)liances  for  measurinir  the  quantity  of  water  drawn 

measured,  etc.  irl^  i     t    i  i  i  i  '•    •  r-     i   • 

from  said  Johnson  s  pond  under  the  provisions  of  this  act 
and  keep  accurate  records  of  the  same,  and  such  ap])liances 
and  records  shall  be  open  to  the  insi)ection  of  all  parties 
havinir  an  interest  therein,  at  all  reasonable  times. 
When  to  take  gircTiox  14.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two  thirds  vote  of  the  voters  of  the  town  of 
Bradford  present  and  voting  thereon  at  a  legal  town  meet- 
ing called  for  the  purpose  within  three  years  from  its 
passage  ;  but  the  number  of  meetings  so  called  in  any  one 
year  shall  not  exceed  three. 

Sectiox  15.     This  act  shall  take  effect  upon  its  passage. 

Approved  3Tay  14,  ISO 5. 

Chap.SlS  '^^   ^^T   KELATIVK   TO   FENDERS    AND    WHEEL    GUARDS    ON    STREET 

RAILWAY    CARS. 

Be  it  enacted,  etc.,  asfoUoics: 
Certain  street  Sectiox  1.     Street  railwav  companies  operating  cars 

railway  cars  to  i,,,  •  iii  *" 

be  equipped       propclled  bv  any  motive  power  other  than  horse  power 

■with  fenders  and   * ,      , ,  •       ',  i      •  i  •  -ii  ^     r        ^  i 

wheel  guards,  shall  cquip  their  cars,  when  m  use,  with  such  fenders  and 
wheel  guards  as  may  be  required  l)y  the  board  of  railroad 
conmiissioners,  and  said  board  shall  have  power  from 
time  to  time  to  modify  its  requirements. 

Penalty.  Section  2.     It  shall  be  the  duty  of  said  board,  within 

three  months  after  the  yjassage  of  this  act,  to  notify  street 
railway  companies  doing  business  in  this  Commonwealth 
of  its  requirements  under  the  preceding  section,  and  any 
such  company  neglecting,  for  a  period  of  three  months 
after  such  notification,  to  comply  with  such  requirements 
shall  forfeit  a  sum  not  e.Kcecding  fifty  dolhirs  for  each  day 
that  such  neglect  continues.  Approved  3Iay  14,  1895. 

(JJian.31d  ^^'   ^^^'T  '^^^   MAKE  NOTARIES   rrr.LlC   AND   JUSTICES   OF   THE   PEACE 
ELIGIBLE   FOR  THE   OFFICE   Ol'   LICENSE   COMAIISSIONER. 

Be  it  enacted,  etc.,  as  folloics : 
1894,428,  §1,  Section  1.     Section  one  of  cha]iter  four  hundred  and 

twentv-ciiifht  of  the  acts  of  the  year  eighteen  hundred  and 


Acts,  1895.  — Chaps.  380,  381.  425 

ninety-four  is  hereby  amended  by  inserting  in  the  tenth 
line, 'after  the  word  "office",  the  words:  —  except  that 
of  notary  pul)lic  and  justice  of  the  peace,  —  so  as  to  read 
as   follows:  —  Section  1.     In  each  city  of  the  Common- Boards  of 

,,  ...  jti*'j_i  ••  c    license  commis- 

wealth,  except  the  cities  exempted  by  the  provisions  ot  sionersin 
section  ten  of  this  act,  there  shall  be  a  board  of  license  apjointment,' 
commissioners,  to  be  appointed  by  the  mayor  of  such  city.  «"=• 
Each  such  board  shall  consist  of  three  persons,  who  shall 
have  been  residents  of  the  city  in  which  they  are  appointed 
for  at  least  two  years  immediately  preceding- such  appoint- 
ment, and  who  shall  not  be  engaged  directly  or  indirectly 
in  the  manufacture  or  sale   of  intoxicating  liquors,  and 
Avho  shall  not  hold  any  other  pul)lic  office  except  that  of 
notary  public  and  justice  of  the  peace.     If  any  member 
of  said  board  engages  directly  or  indirectly  in  such  manu- 
facture or  sale  his  office  shall  immediately  become  vacant. 

Sectiox  2.  Each  person  now  holding  the  office  of  ^ontimed'etc. 
license  commissioner  under  the  provisions  of  chapter  four 
hundred  and  twenty-eight  of  the  acts  of  the  yeav  eighteen 
hundred  and  ninety-lour,  and  the  office  of  justice  of  the 
peace  or  notary  public,  shall  have  and  retain  each  such 
office  according  to  the  terms  of  his  appointment ;  and  all 
acts  done  by  each  such  person  as  license  commissioner, 
notary  public  or  justice  of  the  peace,  are  hereby  confirmed 
and  made  valid  to  the  same  extent  as  though  said  offices 
could  heretofore  have  been  held  by  the  same  person. 

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

Approved  May  14,  1895. 


Chap.SSO 


An  Act  eelative  to  executions  issued  by  trial  justices. 
Be  it  enacted,  etc.,  as  follows : 

Sectiox  1.     Executions  issued  by  trial  justices  may  serving,  etc., 
be  served  and  shall  be  obeyed  in  every  county  to  which  tions. ' 
they  are  directed. 

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

Approved  May  14,  1895. 


Chap.381 


An  Act  to  authokize  the   toavn  of    webster  to  make 
additional  water  loan. 

Be  it  enacted,  etc.,  as  folloics : 

Section  1.     The  town  of  "Webster,  for  the  purposes  May  incur 
mentioned  in   chapter  one  hundred  and  fifty-live  of  the  debtedness. ' 


426 


Acts,  1895.  —  Chaps.  382,  383. 


When  to  take 
effect. 


acts  of  the  year  eighteen  hundred  and  ninetv-three,  may 
incur  additional  indebtedness  to  an  amount  not  exceeding 
twenty  thousand  dollars,  subject  to  the  provisions  of  said 
act. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  votinu'  thereon  at  a  legal  town  meeting  called 
for  the  purpose  within  three  years  from  its  passage ;  but 
the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  four.  -  Apx>roved  May  14,  1895. 


Worcester 
Arcade  Corpo- 
ration incorpo- 
rated. 


Oluill  S8'^   "^^   -^^"^   "^^   I>'CORPOKATE   THE   WORCESTER  ARCADE   CORPORATION. 

Be  it  enacted,  etc. ,  as  fuHotvs  : 

Section  1.  Stephen  Salisbury,  George  F.  Blake,  Jr.,. 
Francis  H.  Dewey,  Lyman  A.  Ely,  Horace  H.  Bigelow, 
James  Green,  Oliver  S.  Kendall,  George  D.  Webb,  Arthur 
W.  Woods,  George  A.  Stevens,  Levi  H.  Stockwell,  Charles 
E.  Squiers,  their  associates  and  successors,  are  hereby 
made  a  corporation  by  the  name  of  the  Worcester  Arcade 
Corporation,  with  authority  to  erect  and  maintain  a  build- 
ing in  the  city  of  Worcester  to  be  used  for  public  halls 
and  for  manufacturing,  mechanical,  mercantile  and  hotel 
])urposes,  and  for  shops,  stores  and  offices. 

Section  2.  Said  corporation  may  have  a  capital  stock 
not  exceeding  one  million  dollars,  and  shall,  except  as 
herein  otherwise  provided,  have  all  the  powers  and  priv- 
ileges and  be  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  which  now  arc  or 
may  hereafter  be  in  force  relating  to  such  corporations. 

Section  3.     This  act  shall  take  efi'ect  upon  its  passage. 

Ap2)roved  May  14,  1895. 


Capital  stock, 
etc. 


a7iap.383 


To  perform 
certain  addi. 
tional  dutiefi. 


An    Act    relative    to    the    agent    for    aiding    discharged 

i'risoneks. 

Be  it  enacted,  etc.,  asfolloios: 

Section  \.  The  person  appointed  by  the  commis- 
sioners of  prisons  as  their  agent  for  aiding  convicts 
discharged  from  the  state  prison  shall  also  ]ierform  such 
duties  as  said  commissioners  shall  retjuire  in  regard  to 
prisoners  discharged  permanently,  or  released  on  proba- 
tion, from  the  other  institutions  under  their  supervision. 


Acts,  1895.  -  Chap.  384.  427 

Said  agent  shall  receive  an  annual  salary  of  twelve  bun-  compensation. 
dred  dollars. 

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

Apjoroved  May  14,  1895. 

An  Act  to   AtTHOuizE  the  city    of  avorcester  to  increase  (JJinj-^  3Q4 
ITS  water  supply  and  make  an  additional  water  loan.  ^ 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  city  of  Worcester  is  hereby  author-  May  take  certain 
ized  to  take  and  convey  into  and  through  said  city  the  Tt'c.*^"'  ^^  ' 
waters  of  Kettle  brook  in  the  towns  of  Leicester  and 
Paxton,  at  a  point  at  or  near  Kent  mills,  so-called,  and 
of  any  reservoirs  thereon  and  the  waters  flowing  into  the 
same,  and  to  take  and  hold  any  land  and  build  and  main- 
tain any  structures  necessary  for  said  purpose ;  and  said 
city  may  take  and  maintain  existing  reservoirs  and  ponds 
upon  the  said  stream  above  the  point  at  which  it  takes  the 
water,  and  may  by  aqueduct  bring  the  water  so  taken 
directly  into  the  city  or  through  any  reservoir  and  any 
aqueduct  belonging  to  said  city  already  established  and 
now  existing :  jjrovided,  that  this  act  shall  be  inoperative  Provisos. 
unless  the  city  of  Worcester  shall,  within  six  months  after 
its  passage,  take  the  waters  of  said  Kettle  brook  as  herein 
provided ;  and  provided,  further,  that  the  authority  here 
granted  shall  be  subject  to  the  rights  granted  the  Leicester 
Water  Supply  District  l)y  chai)ter  one  hundred  and 
seventy-one  of  the  acts  of  the  year  eighteen  hundred  and 
eight3'-eight  and  chapter  two  hundred  and  thirty-two  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-nine. 

Section  2,  The  rights,  powers  and  authority  given  Rights  and 
by  this  act  sliall  be  exercised  by  the  city  of  Worcester  by  how'e'^^ef ci^ed. ' 
the  same  officers  in  whom  are  vested  the  rights,  powers 
and  authority  given  by  chapter  one  hundred  and  four  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-four  ;  and 
said  city  shall  be  entitled  to  all  the  rights  and  subject  to 
all  the  duties  and  liabilities  set  forth  in  chapter  three 
hundred  and  sixty-one  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-one,  to  be  enforced  in  the  manner 
provided  in  said  chapter. 

Section  3.     For  the  purpose  of  defraying  all  costs  and  ^vaterScHp. 
expenses  incident  to  the  acts  herein  authorized,  including 
the  payment  for  land  and  water  rights  taken,  the  city 
council    shall   have   authority   to   borrow   from   time   to 


428  Acts,  1895.  — Chaps.  385,  386. 

wa[erScHp.  time  such  sums  of  money,  and  to  issue  notes,  bonds 
or  certificates  tlierefor,  to  l)e  denominated  on  the  face 
thereof,  Worcester  Water  Scrij),  as  said  council  shall 
deem  necessary,  to  an  amount  not  cxceedinu'  five  hundred 
thousand  dollars,  upon  the  same  terms  and  conditions 
and  with  the  same  authority  in  regard  to  interest  and  the 
sale  of  said  scrip,  and  the  payment  of  the  principal  thereof, 
and  the  appropriation  and  assessment  of  money  for  the 
payment  of  the  principal  and  the  interest  on  the  moue3's 
so  borrowed,  as  are  specified  in  section  five  of  chapter  one 
hundred  and  four  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-four. 

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

Approved  May  14,  ISO 5. 

iJhap.SSo   -^^^  ^^"^   RELATIVE   TO   THE  FEEOIXG  OF  FOOD   AXIJIALS  ■\VITH   GAK- 

BAGE,  REFUSE  OR  OFFAL. 

Be  it  enacted,  etc.,  as  folloivs : 

feeding  cenain        Whocvcr  knowiuglv  fccds  or  has  in  his  possession  with 
animals  with      intcut  to  fccd  to  any  food  animal,  except  swine,  any  gar- 

garbuge,  etc.  ''  '  ^  '  ./    o 

bage,  refuse  or  otial  collected  by  any  city  of  more  than 
thirty  thousand  inhabitants,  by  contract  or  otherwise, 
shall  be  punished  by  imprisonment  in  the  jail  or  house  of 
correction  not  exceeding  thirty  days,  or  by  fine  not  ex- 
ceeding fifty  dollars.  Apj)roved  May  14,  1S05. 

ChaV'SSQ  -^^    -^^^   "^^    AUTHORIZE   THE    TOWX    OF   AXDOVER    TO    ESTABLISH  A 

SYSTEM   OF   SEAVERAGE. 

Be  it  enacted,  etc.,  asfoUoios: 

May  construct,  SeCTIOX    1.       Thc    tOWll  of  AudoVCr    may    lay    out,  con- 

sewerage,  etc.  struct  and  maintain  a  S3'stem  of  sewerage  and  sewage  dis- 
posal for  said  town  ;  may  take  b}^  purchase  or  otherwise 
any  lands,  water  rights,  rights  of  way  or  easements  in 
said  town  deemed  necessary  for  the  establishment  of  such 
system  of  sewerage  and  sewage  disposal  and  for  connec- 
tions therewith ;  may  establish  an  annual  charge  for  the 
privilege  of  connecting  with  such  system,  and  may  order 
any  or  all  persons  or  corporations  within  the  territory 
covered  by  said  system  to  dispose  of  their  sewage  in  said 
town  by  connection  therewith  ;  and  any  person  or  corpo- 
ration neglecting  to  comply  Avith  such  order  shall  l)e  fined 
not  exceeding  twenty  dollars  for  each  week's  continuance 
of  such  neirlect. 


Acts,  1895.  — Chap.  386.  429 

Section  2.  Said  town  may  construct  and  maintain  an  May  construct 
outlet  for  its  system  of  sewerage  and  sewage  disposal  into  hTnds'etc.  '^"^ 
the  Merrimac  river,  and  for  that  purpose  may  take,  by 
purchase  or  otherwise,  a  strip  of  laud  of  sufficient  width 
extending  from  the  boundary  line  of  said  town  on  the 
easterly  side  of  the  Shawshecn  river  through  a  portion  of 
the  cit}'  of  Law^rence  and  that  portion  of  the  town  of 
North  Andover  west  of  Kailroad  street  and  north  of  Sut- 
ton street  to  said  Merrimac  river,  and  may  construct  an 
outlet  in  such  strip  through  private  and  other  lands,  and 
lay  the  same  under  any  street,  highway  or  other  way  or 
railroad,  and  may  enter  upon  and  dig  up  anj^  such  private 
lands  or  other  lands,  street,  highway  or  other  way  or  rail- 
road in  such  manner  as  not  unnecessarily  to  obstruct  the 
same,  for  the  purpose  of  laying,  maintaining  and  repair- 
ing such  outlet,  and  shall  leave  such  streets  or  ways  so 
dug  up  in  said  town  of  North  Andover  in  a  condition 
satisfactory  to  the  selectmen  or  road  commissioners  of 
said  town. 

Section  3.     Said  town  of  Andover  may,  for  the  pur-  May  carry  its 

/•    ,1   •  ,  -I  1       •  •  1  sewers,  etc., 

poses  oi  this  act,  carry  its  servers,  drains,  pipes  and  con-  under  streets, 
duits  under  and  along  any  street,  railroad,  highway  or  ^^'^' 
other  way  in  such  a  manner  as  not  unnecessarily  to  ob- 
struct the  same,  and  may  do  any  other  thing  necessary  and 
proper  for  said  purposes. 

Section  4.     Said  town  of  Andover  when  it  takes  any  Description  of 

IT,  ,  •     1   ;  •     1  J  /•  i  land,  etc,  to  bfr 

land,  water,  water  rights,  rights  ot  w^ay  or  easements,  or  recorded. 
other  real  estate,  under  the  authority  of  this  act,  in  any 
other  manner  than  by  purchase,  shall  within  sixty  days 
of  said  taking  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  northern  district  of  the  county  of  Essex  a 
description  of  the  same  as  certain  as  is  required  in  a  com- 
mon conveyance  of  land,  w^th  a  statement  that  the  same 
are  taken  under  the  authority  of  this  act,  signed  by  its 
sewer  commissioners ;  and  upon  such  recording  the  title 
of  the  lands,  water  rights,  rights,  easements  and  other  real 
estate  so  described  shall  vest  in  said  town  of  Andover. 

Section  5.     No  act  shall  l)e  done  under  the  authority  system  to  bo 
of  the  preceding  sections  until  said  system  of  sewerage  su'te'board^of 
shall  have  been  approved  by  the  state  board  of  health.        ^'"'^'^" 

Section  6.     Said  town  of  Andover  shall  pay  all  dam-  Damages. 
ages  sustained  by  any  person  or  corporation  in  his  or  its 
property  by  reason  of  such  taking,  or  by  reason  of  any 
other  thing  done  by  said  town  of  Andover  under  the 


430 


Acts,  1895.  — Chap.  386. 


Town  may  offer 
a  specllied  sum, 
eic. 


May  incur 
indebtedness 
beyond  debt 
limit,  issue 


Paj'ment  of 
loan. 


authority  of  this  act,  and  if  such  i)ers()n  or  corporation 
and  town  fail  to  agree  as  to  the  amount  of  damages  sus- 
tained such  damage  shall  he  assessed  and  determined  by  a 
jury  of  the  superior  court  in  the  manner  })rovided  )\y  law 
when  hind  is  taken  for  the  laying  out  of  higlnvays,  on 
petition  therefor  by  such  j^ersou  or  corporation,  or  the 
town,  filed  in  the  office  of  the  clerk  of  said  court  for  the 
county  of  Essex  at  any  time  within  the  period  of  two 
years  from  the  taking  of  such  land  or  other  property. 

Sectiox  7.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages  by  a  jury  as  aforesaid  said  town  of 
Andover  may  ofier  in  court  and  consent  in  writing  that  a 
sum  therein  specified  may  be  awarded  as  damages  to  the 
complainant;  and  if  the  complainant  shall  not  acce})t  the 
sum  so  otiered  within  ten  days  after  he  has  received  notice 
of  such  olier,  and  shall  not  tiually  recover  a  greater  sum 
than  the  sum  so  oH'cred  and  interest  thereon  to  the  time 
of  the  verdict,  said  town  shall  ))e  entitled  to  recover  its 
costs  from  the  date  of  the  oU'er ;  and  the  conii)lainant,  if 
he  recovers  damages,  shall  be  allowed  his  costs  only  to 
the  date  of  said  oti'er,  unless  he  recovers  a  greater  sum 
than  the  sum  so  ofl'ered  and  interest  thereon  to  the  time 
of  the  verdict. 

Section  8.  Said  town  of  Andover  in  order  to  carry 
out  the  provisions  of  this  act  may  raise  and  a|)propriate 
in  such  manner  as  it  shall  determine,  such  sum  or  sums 
of  money  as  shall  be  required  therefor,  provided  the 
aggregate  indebtedness  incurred  shall  not  exceed  fifty 
thousand  dollars  beyond  the  limit  of  indebtedness  lixed  by 
law  for  said  town  ;  and  for  money  borrowed  said  town 
may  issue  from  time  to  time  negotiable  bonds,  notes  or 
scrip,  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  date  of  issue  and  bearing  such  rate 
of  interest  not  exceeding  five  i)er  cent,  per  annum  as  said 
town  may  determine.  Said  town  may  sell  such  securities 
at  public  or  private  sale,  or  pledge  the  same  for  not  less 
than  their  par  value  for  money  boiTowed  for  the  purposes 
of  this  act,  upon  such  terms  and  conditions  as  it  may 
deem  proper. 

Section  9.  The  receipts  from  payments  and  assess- 
ments and  from  such  annual  rates  for  the  use  of  such 
sewers  as  said  town  may  by  vote  establish,  after  deduct- 
ing the  expenses,  shall  be  applied,  first  to  the  jjayment  of 
the  interest  of  the  bonds,  notes  or  scrip  issued  under  the 


Acts,  1895.  — Chap.  386.  431 

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  re- 
ceipts in  any  year  are  insufficient  to  pay  the  interest  on 
said  bonds,  notes  or  scrip,  and  to  meet  the  requirements 
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  said 
requirements.  Said  sinking  fund  shall  remain  inviolate 
and  pledged  to  the  payment  and  redemption  of  said  l)onds, 
notes  or  scrip,  and  shall  be  used  for  no  other  purpose. 

Section  10.      All  acts  authorized  to  be  done  bv  said  certain  acts  to 

.,     .        ,  •       j_    1   •  1         1  •     1  1  />    "®  performed 

town  ot  Andover  in  taking  lands,  water  rights,  rights  oi  byBewercom- 

,  ,1  1  ,,  T.^  ,  I '  miBsioners. 

way,  easements  or  other  real  estate,  and  in  constructing, 
maintaining  and  repairing  sewers  and  drains,  and  in  ex- 
tending the  same,  and  in  laying  assessments  on  estates 
adjudged  to  be  benefited  by  sewers,  whether  done  under 
the  authority  of  this  act  or  of  general  laws,  shall  be  done 
and  performed  in  the  name  of  said  town  by  its  board  of 
sewer  commissioners. 

Section  11.  Said  town  of  Andover  may  at  any  legal  ^f^x^Me'^tf 
meeting  called  for  the  purpose  adopt  a  system  of  sewerage 
for  the  whole  or  any  part  of  its  territory,  and  may  at 
such  meeting  determine  by  vote  what  proportion  of  the 
expense  of  constructing  the  same  shall  be  borne  by  the 
town.  The  remaining  cost  of  said  system  shall  be  borne 
by  the  owners  of  estates  situated  within  the  territory  em- 
braced by  it  and  benefited  thereby,  but  no  estate  shall  be 
deemed  to  be  benefited  unless  or  until  a  sewer  is  con- 
structed into  which  it  can  be  drained.  The  owners  of 
such  estates  shall  be  assessed  by  said  commissioners 
their  proportional  parts  respectively  of  such  portion  of 
the  total  cost  of  said  system  as  is  not  borne  by  the  town 
as  above-provided  ;  such  proportional  parts  shall  be  based 
upon  the  estimated  average  cost  of  all  the  sewers  com- 
posing said  system  and  shall  be  assessed  by  a  fixed  uniform 
rate  according  to  the  frontage  of  such  estates  on  any  street 
or  way  in  which  a  sewer  is  constructed,  or  according  to 
the  area  of  each  such  estate  within  a  fixed  depth  from  such 
street  or  way,  or  according  to  both  frontage  and  area  ;  and 
every  such  owner  shall  within  three  months  after  .written 
notice  of  such  assessment,  served  on  him  or  on  the  occu- 


432  Acts,  1895.  — Chap.  386. 

pant  of  his  estate  or  sent  by  mail  to  the  last  address  of 
said  owner  known  to  said  commissioners,  pay  the  sum  so 
ProviBoa.  assessed  to  the  town  treasurer  :   provided^  that  said  board 

shall,  on  the   written  request  of  any  such  owner  made 
within  said  three  months,  api)<)rtion  such  assessment  into 
such  number  of  equal  parts  or  instalments,  not  exceeding 
ten,  as  such  owner  shall  state  in  such  request,  and  they 
shall  certify  such  ap])ortionnicnt  to  the  assessors  ;  interest 
from  the  date  of  said  a[)porti()nmcnt  at  the  rate  of  tive  per 
cent,  per  annum  shall  be  added  to  each  of  said  assess- 
ments until  they  are  paid,  and  one  of  said  parts  shall  be 
added  l)y  the  assessors  to  the  annual  tax  on  such  estates 
for  each  year  next  ensuing  until   all  said  parts  have  been 
so  added,  unless  sooner  paid  as  hereinafter  provided  ;  and 
pi^ovided,  further^  that  nothinii;  herein  contained  shall  be 
construed  to  prevent  the  payment  at  any  time  in  one  pay- 
ment, notwithstanding  its  prior    apportionment,  of  any 
balance  of  said  assessments  then   remaining  unpaid,   but 
interest  on  such  balance  at  the  rate  of  five  per  cent,  per 
annum  shall  be  paid  to  the  date  of  such  payment ;   and 
thereupon  the  treasurer  shall  receive  the  same  and  shall 
certity  such  payment  or  payments  to  the  assessors,  who 
shall  preserve  a  record  thereof.     In  cases  of  corner  lots 
abutting  on  more  than  one  sewered  street  the  same  area 
shall  not  be  assessed  more  than  once.      No  assessment 
shall  be  made  with  respect  to  any  estate  until  it  can  be 
drained  by  a  sewer.     AMien  a  sewer  has  been  built  run- 
ning through  land  other  than  a  street  no  assessment  shall 
be  made  as  to  said  land  abutting  on  said  sewer  until  that 
part  thereof  occupied  by  the  sewer  has  been  laid  out  as  a 
street. 
AsBessmenito        SECTION    12.      An    assessmcnt    made    under    section 
upoVeBtlte.       eleven    shall   constitute    a   lien    u])on    the    estate,    which 
shall  continue  for  three  years  after  it  is  made  and  notice 
served  as  above-provided,  or,  in  case  of  apportionment, 
until   the   expiration    of    two   years    from   the   time  the 
last  instalment  is  committed  to  the  collector;    and  said 
assessment  together  with  interest  at  the  rate  of  five  per 
cent,  per  annum  may,  with  incidental  costs  and  exi)ense8, 
be  levied  by  sale  of  such  estate  or  so  much  thereof  as 
shall  l)e  sufficient  to  discharge  the  assessment  and  inter- 
veninir  charges,  if  the  assessment  is  not  i)aid  within  three 
months  after  service  of  said  notice,  or,  if  ajiportioned, 
within  three  months  after  any  part  has  become  due.     Such 


Acts,  1895.  — Chap.  386.  433 

sale  and  all  proceedings  connected  therewith  shall  be  con- 
ducted in  the  same  manner  as  sales  for  the  payment  of 
taxes ;  and  real  estate  so  sold  may  be  redeemed  the  same 
as  if  sold  for  the  non-payment  of  taxes  and  in  tlie  same 
manner.     Such  assessment  or  parts  thereof  may  also  beMaybecoi- 
collected  hy  an  action  of  contract  in  the  name  of  the  in-  a'.'tionof  c°n. 
halntants  of  the  town  of  Andover  against  tlie  owner  of  ^'^^°^' 
said  estate,  brought  at  any  time  within  thi'ec  years  after 
the  same  has  become  due. 

Section  13.  Any  person  aggrieved  by  such  assess-  Pereons 
ment  may,  at  any  time  within  three  months  after  service  ap|iy for a*^"^. 
of  the  notice  mentioned  in  section  eleven  of  this  act, 
apply  to  the  superior  court  for  the  county  of  Essex  for  a 
jury  to  revise  the  same,  but  before  making  such  applica- 
tion he  shall  give  fourteen  days'  notice  in  writing  of  his 
intention  so  to  do  to  the  commissioners,  and  shall  therein 
particularly  specify  his  objection  to  the  assessment,  to 
which  specification  he  shall  be  confined  before  the  jury. 

Section    14.      Tlie   provisions  of  chapter  fifty  of  the  p.  s.  so,  etc.,  to 

•      &pplv« 

Pul)lic  Statutes  and  of  acts  in  amendment  thereof  and  in 
addition  thereto,  pertaining  to  sewers  and  drains,  not 
inconsistent  with  this  act,  shall  apply  to  the  town  of 
Andover  in  carrying  out  the  provisions  of  this  act. 

Section  15.     The  state  l)oard  of  health,  upon  the  ap-  Abatement  of 
plication  of  the  board  of  health  or  selectmen  of  the  town  °"'^*"'=®*' 
of  North   Andover,    alleging   the  existence  of  a  public 
nuisance  or  the  pollution  of  the  waters  adjacent  to  said 
town  into  which  the  effluent  of  said  sewer  of  the  town  of 
Andover  is  discharged,  to  such  a  degree  that  the  public 
health  of  said  town  of  North  Andover  is  endangered,  shall 
appoint  a  time  and  place  for  a  public  hearing  thereon,  and 
give  such  notice  thereof   as  said  state  board  shall  deem 
proper.      After  such  hearing  said  state  board,  if  in  its 
judgment  there  is  good  reason  for  such  complaint,  shall 
order  the  town  of  Andover  to  abate  such  nuisance,  or  to 
cleanse  and  purify  its  sewage,  before  its  effluent  is  dis- 
charged into  the  waters  aforesaid,  so  that  the  pul)lic  health 
shall  not  he  endangered.     Any  court  having  jurisdiction  Enforcement  of 
in  equity  may,  upon  application  of  the  board  of  selectmen  board^ot  L'lith. 
or  board  of  health  of  said  town  of  North  Andover,  en- 
force the   orders  of   said  state   board  of   health    in   the 
premises  by  any  proper  order  or  decree. 

Section  16.     This  act  shall  take  effect  upon  its  pas-  when  to  take 
sage,  but  no  expenditure  shall  be  made  and  no  liability  ^ 


431  Acts,  1395.  —  Chaps.  387,  388. 

incurred  under  the  same,  except  for  preliminary  surveys 
and  estimates,  unless  tins  act  shall  tirst  be  acce})ted  l)y 
vote  of  two  thirds  of  the  leg'al  voters  of  the  town  of 
Andover  present  and  votini»:  thereon  at  a  legal  meeting 
called  for  that  purpose  within  three  years  from  the  date 
of  its  passage.  Ap2yroved  May  14,  1895. 

C7iar>.3S7  ^^    Act    to    AUTHOKIZE    certain    FOUEIGN    MANUFACXURINa    COR- 

PORxVTIONS  TO   HOLD   REAL   ESTATE. 

Be  it  enacted,  etc.,  asfolloios: 

Imelid^d  ^^'         Section  1.     Section  one  of  chapter  three  hundred  and 

twenty-one  of  the  acts  of  the  year  eighteen  hundred  and 

eighty-eight  is  hereby  amended  by  inserting  in  line  two, 

after  the  word  "states",  the  words:  —  or  foreign  coun- 

ilTporafk.'Im^"   tries, — so  as  to  read  as  follows:  —  Section  1.     Manu- 

niuy  hold  real     facturiug  corporations  established  under  the  laws  of  other 

.estate  in  this  ~  ^  .  i   •    i 

.Commonwealth,  statcs  or  foreign  countries,  which  have  complied  with  the 
provisions  of  chapter  three  hundred  ami  thii-ty  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-four,  maj'  pur- 
chase and  hold  such  real  estate  in  this  Commonwealth  as 
may  be  necessary  for  conducting  their  business. 

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

Ajyproved  May  14,  IS'Jo. 

CJJiapJ^SS  ^^    -'^^"^    RELATIVE    TO    THE    APPROVAL  OF    SURETIES  ON  REPLEVIN 

BONDS. 

Be  it  enacted,  etc. ,  as  follows : 

i'-s.i84^§i8,  Section  1.  Section  eighteen  of  chapter  one  hundred 
and  eighty-four  of  the  Public  Statutes  is  hereby  amended 
by  inserting  in  the  second  line,  after  the  word  "writing", 
the  words  :  —  by  a  justice  of  a  police,  district,  or  munici- 

^T-viu boude"  P^^   court, — so  as  to   read   as   follows:  —  Section  18. 

may  be  Surctics  ou  a  replevin   bond   may   be  approved    by  the 

appr  ve  .  defendant  in  writing,  l)y  a  justice  of  a  police,  district,  or 
municipal  court,  or  by  a  master  in  chancery,  and,  when 
so  approved,  the  officer  who  serves  the  writ  shall  not  be 
responsible  for  the  sufficiency  of  such  sureties. 

p. 8. 184. §19,  Section  2.  Section  nineteen  of  said  chapter  is  hereby 
amended  l\y  inserting  in  the  second  line,  after  the  word 
"chancery",  the  words:  —  or  by  a  justice  of  a  jwlice, 
district,  or  municipal  court,  —  so  as  to  read  as  follows : 

ProceedinRB      —  Secfion  19.     When  such  sureties  are  to  be  approved 

when  BiiretiGB  ,  i  .  •  /•  t  t 

are  to  be  ap-      by  a  mastcr  in  chancery,  or  by  a  justice  of  a  pouce,  dis- 


Acts,  1895.  — Chap.  389.  435 

trict,  or  municipal  court,  tlie  officer  who  serves  the  writ  p'"°T^'' .^y 

'  I  .  ',  IT/-  master  in 

shall  give  notice  in  wntmg  to  the  defendant  or  to  the  chancery,  etc. 

person  from  whose  custody  the  property  is  taken,  stating 

the  time  and  place  of  hearing  thereon,  with  the  names 

and  places  of  residence  of  the  persons  proposed  as  sureties, 

allowing  not  less  than  one  hour  before  the  time  appointed 

for  the  hearing,  and  time  for  travel  at  the  rate  of  not  less 

than  one  day  for  every  twenty-four  miles'  travel. 

Ajjproved  May  17^  1895. 


An  Act  to  abate  the  smoke  nuisance  in  the  city  of  boston.  QJictn.SSd 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  the  city  of  Boston  the  emission  into  certain  emis. 
the  open  air  or  dark  smoke  or  thick  gray  smoke  for  more  declared  a 
than  tive  minutes  continuously,  or  the  emission  of  such  °"'^''°''®- 
smoke  during  more  than  twenty-five  per  cent,  of  any  con- 
tinuous  period   of  twelve   hours,   is   hereby   declared   a 
nuisance. 

Section  2.  Whoever  commits  such  nuisance,  or  suffers  Penalty. 
the  same  to  be  committed  upon  any  premises  owned  or 
occupied  by  him,  or  in  any  way  participates  in  commit- 
ting the  same,  shall  be  punished  by  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  week 
during  any  part  of  which  such  nuisance  exists. 

Section  3.     The  mayor  of  said  city  shall,  within  one  Etiforcement of 
month  from  the  passage  of  this  act,  designate  some  proper  p''°^'*'""*- 
person  from  among  the  officers  of  said  city,  who  shall  be 
charged    with  its   enforcement.     Such    designation   shall 
thereafter  be  made  in  January  of  each  3"ear,  but  shall  be 
suljject  to  change  at  any  time. 

Section  4.     The  officer  so  designated  may  apply  to  Operation  of 
the  supreme  judicial  or  superior  court,   or  any  justice  boiler" may^e 
thereof,  for  an  injunction  to  restrain  the  further  operation  'estrained,  etc. 
of  any  steam  boiler  or  boilers  which  are  being  operated  in 
such  a  manner  as  to  create  a  nuisance  under  the  provisions 
of  this  act.     And  said  court  or  justice  may,  after  hearing 
the  parties,  enjoin  the  further  operation  of  any  such  boiler 
or  boilers,  and  may  also,  if  deemed  just  and  necessary, 
annul  any  license  or  permit  which  may  have  been  granted 
for  the  maintenance  or  operation  of  the  same. 

Section  5.     Chapter  three  hundred  and  fifty-three  of  Repeal, 
the  acts  of  the  year  eighteen  hundred  and  ninety-three  is 


436 


Acts,  1895.  — Chap.  390. 


hereb}'  repealed ;  but  this  act  shall  not  affect  any  act  clone 
or  prosecution  pending  at  the  time  when  it  takes  effect. 
Jo 'aise^effect         Sectiox  G.     This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  3Iay  17,  1895. 


Chap.390  Ax   Act   to   establish   an   asylum   Fon   insane   criminals   at 

15KIDGEWATEU   AND    TO   KEGULATE    COMMITMENTS   AND    KEMOVALS 
TO   THE   SAME. 


The  State  Asy- 
lum for  Insane 
Criminals 
establiebed. 


Medical 
director, 
appoiuiment, 
etc. 


Removal  to 
asylum  of 
certain  insane 
persons. 


rriminalfl  may 
be  cummiued  o 
removed  to 
asylum  in  cer- 
tain cases. 


Be  it  enacted,  etc.,  asfolloics: 

Section  1.  So  much  of  the  hospital  and  almshouse 
departments  of  the  state  farm  at  Bridgewater  as  was  estab- 
lished for  the  care  and  maintenance  of  insane  men,  under 
the  provisions  of  chapter  two  hundred  and  nineteen  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-six,  chaj)ter 
eighty-nine  of  the  resolves  of  the  year  eighteen  hundred 
and  eighty-eight  and  chapter  forty-eight  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-three,  shall  here- 
after be  known  as  The  State  Asylum  for  Insane  Criminals, 
and  shall  be  so  designated. 

Section  2.  The  superintendent  of  the  state  farm,  sul> 
ject  to  the  approval  of  the  trustees,  shall  appoint  a  physi- 
cian as  medical  director  of  the  said  asylum,  and  shall  fix 
his  salary.  Said  director  shall  have  the  care  and  custody 
of  the  inmates  of  the  asylum  and  shall  govern  the  same  in 
accordance  with  the  rules  and  regulations  approved  by  the 
trustees. 

Section  3.  The  insane  male  persons  mentioned  in 
sections  ten,  twelve  and  fourteen  of  cha})ter  two  hundred 
and  twenty-two  of  the  Pul)lic  Statutes  and  chapter  three 
hundred  and  twenty  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-five  shall  hereafter  be  removed  to  said 
asylum  for  insane  criminals,  instead  of  to  a  state  lunatic 
hospital. 

Section  4.  The  descrijjtion  of  insane  male  persons 
mentioned  in  section  fifteen  of  chapter  two  hundred  and 
thirteen  and  sections  sixteen,  nineteen  and  twenty  of 
chapter  two  hundred  and  fourteen  of  the  Pul)lic  Statutes 
may  be  hereafter  committed  or  removed  to  the  asylum 
for  insane  criminals,  instead  of  to  a  state  lunatic  hos))ital 
as  therein  provided,  when  in  the  opinion  of  the  court  said 
insane  persons  are  criminals  or  have  been  vicious  in  their 
lives. 


Acts,  1895.  — Chap.  391.  437 

•    Section  5.     The  state  board  of  lunacy  and  charity  is  certain  persons 
hereby  authorized  to  transfer  to  and  from  the  state  hmatic  f^?red! 
hospitals  and  the  asylum  for  insane  criminals  any  of  the 
description  of  persons  mentioned  in  this  act,  whenever, 
in  its  judgment,  such  transfer  will  insure  a  better  classifi- 
cation of  insane  criminals. 

Sectiox  G.     The  insane  persons  heretofore  transferred  ^^^tfansfeTred 
to    said   hospital    and   almshouse    departments   and   held  to  be  heid  as 
therein  in  accordance  with  existino;  law  shall  be  held  in  under  provi. 

•  11  Ai  1  ^    ±^'~       J.  1  xi  •     sions  of  this  act, 

said  asylum  as  though  removed  thereto  under  the  provi-  eu. 
sions  of  this  act,  and  the  state  board  of  lunacy  and  charity 
may  hereafter  transfer  and  commit  thereto  any  inmate  of 
a  state  lunatic  hospital,  of  the  Worcester  insane  asylum, 
or  of  the  state  farm,  of  the  description  of  persons  men- 
tioned in  chapter  two  hundred  and  fifty-one  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four  ;  and  the  provi- 
sions contained  in  section  two  of  said  chapter,  relative  to 
the  return  of  such  persons  to  the  prison  or  other  institution 
to  which  they  were  originally  committed,  shall  apply  to 
all  persons  removed  to  the  asylum  for  insane  criminals 
under  the  provisions  of  this  act. 

Section  7.     Section  twenty-one  of  chapter  two  hun-  p.  8.214,  §21, 
dred  and  fourteen  of  the  Public  Statutes  is  hereliy  amended  '"°^° 
by  inserting  after  the  word  "hospital",  in  the  first  line, 
the  words  :  — or  to  the  state  asylum  for  insane  criminals, 
—  so  as  to  read  as  follows:  —  Section  21.     Any  person  certain  persons 
committed  to  a  state  lunatic  hospital  or  to  the  state  asylum  Si7rged  frt'm 
for  insane  criminals  under  the  preceding  section  may  be  by^^o™ernor'and 
discharged  therefrom  by  the  governor,  by  and  with  the  c"u°cii. 
advice  and  consent  of  the  council,  when  he  is  satisfied, 
after  a  hearing  of  the  matter,  that  such  person  may  be 
discharged  without  danger  to  others. 

Ai^i^rovecl  May  17,  1895. 

An  Act  providing  for  the  consolidation  of  the  congrega-  QJinj)  391 

TION  SHAARAY  TEFILA  AND  THE  CONGREGATION  MISUKAN  ISRAEL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  Congregation  Shaaray  Tefila  and  the  The  congrega- 
Congregation  Mishkan  Israel  are  authorized  to  unite  and  Teiiia  m"!"^ 
form  a  single  corporation,  under  the  name  of  the  Congre-  Sishkafuraei 
gation  Mishkan  Tefila ;  and  the  consolidated  corporation  °'*>"=''"^""''^'^' 
shall  have  all  the  rights,  powers,  privileges,  duties  and 
liabilities  of  each  of  the  original  corporations,  and  shall 


438  Acts,  1895.  — Chaps.  392,  393. 

further  have  .ill  the  ])owcrs  and  privileges  and  be  subject 
to  all  the  duties,  lial)ilities  and  restrictions  set  forth  in  all 
general  laws  now  applical)le  to  said  corj)orations. 

Gifts, bequests,  SECTION  2.  All  gifts,  grauts,  bcqucsts  and  devises 
heretofore  or  hereafter  made  to  the  Congregation  Shaaray 
Tetila  or  the  Congregation  Mishkan  Israel,  and  all  prop- 
erty of  either  and  both  of  said  cori)orations  shall,  if  said 
corporations  unite  in  accordance  with  the  provisions  of 
this  act,  vest  in  said  consolidated  corporation. 

Acceptance  of  SECTION  3.  Said  Congi'cgation  Shaaray  Tefila  and  said 
Congregation  Mishkan  Israel  may  accei)t  the  provisions 
of  this  act  at  any  time  within  one  year  from  its  passage. 
And  upon  presentation  of  proper  evidence  of  such  accept- 
ance to  the  secretary  of  the  Commonwealth  he  shall  issue 
his  certiticate  that  such  union  is  eti'ected,  and  such  union 
shall  take  etfect  on  the  day  of  the  date  of  said  certiticate. 

First  meeting.  SECTION  4.  The  tirst  meeting  of  the  consolidated  cor- 
poration shall  be  held  after  the  date  of  said  certificate,  at 
a  place  and  time  to  be  fixed  by  both  of  said  corporations. 
The  consolidated  corporations  at  such  first  meeting  may 
adopt  by-laws  and  elect  its  ofiicers. 

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

Ajyjyroved  May  17,  1895. 

ChCip.'^^^  ^^  -■^CT   TO   ArTIIOKIZE  THE   EMPLOYMENT  OK   AN   ASSISTANT   BOOK- 
KEEPER IN    THE    TKEASUKY    DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

b'Jokkeeper.  Section  1.     The  trcasurcr  and  receiver  general  may 

employ  in  his  department  an  assistant  bookkeeper,  who 
shall  receive  an  annual  salary  of  twelve  hundred  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  17,  1895, 

CArt».393  An  Act  to  authorize  the  appointment  of  an  assistant  clerk 

OF    THE    superior    COURT,    CIVIL    SESSION,    FOR    THE    COUNTY    OF 
SUFFOLK. 

Be  it  enacted,  etc.,  asfolloios: 

cierk.*^*'*'^°*  Section  1.  The  justices  of  the  superior  court  or  a 
majority  of  them  may  ai)point  a  fifth  assistant  clerk  of 
said  court  for  civil  business  in  the  county  of  Suffolk,  who 
shall  be  subject  to  the  provisions  of  law  applicable  to 
assistant  clerks  of  courts  in  said  county,  and  who  shall 


Acts,  1895.  — Chap.  394.  439 

receive  in  full  for  all  services  performed  by  him  an  annual 
salary  of  twenty-live  hundred  dollars,  to  be  paid  by  said 
county. 

Sectiox  2.     This  act  shall  take  eifectupon  its  passage. 

Approved  May  17,  1S95. 

An  Act  kelative  to  fees  ix  insolvency  cases.  Cll(XT>  394 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Whenever  a  debtor's  petition  for  the  insti-  Fee  for  receiv- 

iii&r*  etc. 

tutiou  of  voluntary  insolvency  proceedings  is  presented  debtor's'peu. 
to  a  court  of  insolvency,  it  may  be  received  and  entered 
by  the  register  only  upon  payment  to  him  of  a  fee  of 
twenty-five  dollars. 

Section  2.  Whenever  a  creditor's  petition  is  presented  ^reduor°s'pl*ul' 
to  a  court  of  insolvency  for  the  institution  of  insolvency  tio°.  issuing 
proceedmgs  against  a  debtor,  it  shall  be  received  and 
entered  by  the  register  only  upon  payment  to  him  of  the 
sum  necessary  to  defray  the  expense  of  publishing  the 
notice  of  the  filing  of  such  petition  required  by  law.  The 
warrant  to  take  possession  of  the  debtor's  estate  shall  not 
issue  in  such  a  case  until  a  fee  of  twentj'-five  dollars  is 
paid  to  the  register.  Xo  proposal  by  a  de])tor  for  com- 
position with  his  creditors  shall  be  received  or  entered 
by  the  register  after  the  filing  of  a  creditor's  petition  for 
involuntary  insolvency  proceedings,  and  before  the  issuing 
of  a  warrant  thereon,  unless  a  fee  of  twenty-five  dollars 
is  paid  therewith  to  the  register. 

Section  3.     The  register  shall  render  an  account  on  Register  to 

,i         P      11     /.  F       1      -I       .  ,1        ii  ii  render  account 

oath  ot  all  tees  so  received  during  the  three  months  pre-  of  fees  received, 
ceding  the  first  day  of  January,  April,  July  and  October  ^^°' 
in  each  year,  and  on  or  before  the  tenth  day  of  said  months 
pay  over  the  same  to  the  treasurer  of  the  Commonwealth. 

Section  4.     In  composition  cases  in  insolv^ency  no  fees  Notices,  etc.,  in 
or  compensation  shall  be  payable  to  the  register  for  giving  ca^s^"^"" 
notices  to  creditors  or  for  the  custod}'  of  moneys,  vouchers 
or  securities,  or  for  the  i)ayment  of  dividends. 

Section  5.  In  all  cases  in  a  court  of  insolvency  the  Messenger'a 
messenger  shall  be  entitled  to  the  following  fees  and  no 
more  :  —  First.  For  service  of  the  warrant,  two  dollars. 
Second.  For  all  necessary  travel,  at  the  rate  of  four 
cents  a  mile.  Third.  For  each  written  notice  to  creditors 
named  in  the  schedule,  ten  cents.  Fourth.  For  the  cus- 
tody of  property,  publication  of  notices  and  other  services, 


440  Acts,  1895.  — Chap.  395. 

his  actiia-1  expenses,  upon  returnins:  the  same  in  S])ccific 
items,  and  makinii;  oath  that  tht'v  have  been  actually  in- 
curred and  })aid  by  him,  and  are  just  and  reasonable.  For 
cause  shown,  and  upon  hearing  thereon,  such  fuilher  allow- 
ance may  be  made  as  the  court  in  its  discretion  may 
determine. 

darm.^^^**  Section  G.    A  creditor  who  pays  the  fee  of  twenty-five 

dollars  or  expense  of  publication  provided  for  in  section 
two,  or  the  legal  fees  of  an  officer  for  the  service  of  the 
order  of  notice  to  the  debtor  upon  the  original  petition,  or 
for  the  service  of  any  writ  of  injunction  issued  })y  the 
court  to  restrain  the  transfer  or  dis[)osition  of  any  part  of 
the  debtor's  property  not  by  law  exempt  from  attachment, 
and  from  any  interference  therewith,  may  prove  his  claim 
for  the  same  as  a  privileged  claim  against  the  insolvent 
estate. 

marbe^pr?v?cf*      Sectiox  7.     The  legal  fees  of  the  messenger  may  be 

as  privileged      provcd  as  a  privileged  claim  against  the  insolvent  estate. 

Certain  claims        SECTION  8.     Claims  provcd  by  a  Creditor  or  messeugcr 

of  pay ment!"^^  uudcr  scctious  six  and  seven  shall,  in  the  order  stated, 
have  priority  of  ]^aymeut  out  of  the  estate,  over  all  other 
claims. 

^P®"'-  Section  9.    Sections  one  hundred  and  thirty-seven  and 

one  hundred  and  thirty-eight  of  chapter  one  hundred  and 
fifty-seven  of  the  Public  Statutes,  section  four  of  chapter 
three  hundred  and  fifty-three  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-five,  chapter  four  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine,  and  all  other  acts  and  parts  of  acts  inconsistent 
herewith,  are  hereby  repealed,  except  as  to  })ending  cases. 

i!l°!ciing  cases,        Sectiox  10.     Tliis  act  sliall  take  effect  upon  its  passage 

^^'  but  shall  not  affect  pending  cases. 

Approved  May  17,  1895. 

(7han.3Q5  ^^^'  ^^^"^  '^'^   authouize   tue  town  of  metuuex  to  make  an 

ADDITIONAL   WATER  LOAN, 

Be  it  enacted,  etc.,  asfolloivs: 
Methuen  Water  Section  1.  The  towu  of  Mcthucn,  for  the  purpose  of 
extending  and  completing  its  system  of  water  works,  may 
issue  notes  or  bonds  from  time  to  time  as  it  may  deem 
necessary,  to  an  amount  not  exceeding  twenty-five  thousand 
dollars  in  addition  to  the  indebtedness  already  autliorized 
for  water  i)urposes.     Said  notes  or  bonds  shall  bear  on 


Acts,  1895.  — Chaps.  396,  397,  393.  441 

their  face  the  words,  Methuen  Water  Loan,  shall  be  pay- 
able at  the  expiration  of  periods  not  exceeding  thirty 
years  from  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. 

Section  2.  This  act  shall  take  effect  upon  its  accept-  "vvhentotake 
ance  by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  legal  town  meeting  called 
for  the  purpose  within  three  years  from  its  passage ;  but 
the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  four.  A2yproved  May  17,  1S95. 


Chap.39Q 


An  Act  to  provide  for  an  additional  district  police  officer. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  governor  may  appoint  one  additional  Additional 
member  of  the  detective  department  of  the  district  police  officer. 
force. 

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

Ajyproved  May  17,  1895. 

An  Act  making  an  APPROPPtiATioN  for  continuing  the  work  njir/j)  307 

OF  EXTERMINATING  THE   GYPSY  MOTH.  -^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  one  hundred  and  fifty  thousand  oypsymoth. 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
to  l)e  expended  under  the  direction  of  the  state  board  of 
agriculture  for  continuing  the  work  of  exterminating  the 
gypsy  moth,  as  authorized  by  chapter  eighty-two  of  the 
resolves  of  the  present  year. 

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

A2)proved  May  17,  1S95. 

An  Act  relative  to  the  term  of  office  of  members  of  hoards  njiftrf,  ^QQ 
OF  health  in  towns.  ■'■ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     In  towns  which  elect  a  board  of  health  Boards  of  health 
under  the  provisions  of  chapter  two  hundred  and  eighteen  of  office.' 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four, 


U2 


Acts,  1895.  — Chap.  399. 


and  in  which  such  hoard  is  elected  on  or  after  the  first 
Monday  in  ^Vpril,  tlie  term  of  oliicc  of  the  niemhers  so 
elected  shall  commence  at  the  date  of  their  election,  in- 
stead of  on  the  first  Monday  in  April  next  following  their 
election. 

Section  2.     This  act  shall  take  efic'ct  upon  its  passage. 

Approved  May  21  ^  1S93. 


Chap.^m 


Medfiold  Tnsano 
Asylum  Loau. 


DlsposUion  of 
preiniuiuB 
received  from 
f>!ilc  of  bonda, 
eic. 


An  Act   to   I'kovide   for   the   completiox  of   the   medfield 
insane  asylum. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  To  provide  for  the  completion  of  the  ]\Ied- 
field  insane  asylum  at  Medfield,  authorized  by  chapter  four 
hundred  and  twenty-five  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-two,  or  of  any  acts  supplementary 
thereto,  the  treasurer  and  receiver  general  is  h(;reby 
authorized,  with  the  approval  of  the  governor  and  council, 
to  issue  scrip  or  certificates  of  indebtedness  to  an  amount 
not  exceedhig  three  hundred  thousand  dollars,  for  a  term 
not  exceeding  thirty  years,  the  same  to  be  in  addition  to 
any  amount  previously  authorized.  Said  scrip  or  certifi- 
cates of  indebtedness  shall  be  issued  as  registered  bonds  or 
with  interest  coupons  attached,  and  shall  bear  interest  not 
exceeding  four  per  cent,  per  annum,  payable  semi-annually 
on  the  first  days  of  April  and  October  of  each  year.  Said 
scrip  or  certificates  of  indebtedness  shall  be  designated  on 
the  face  thereof,  JNIedfield  Insane  Asylum  Loan ;  shall  be 
countersigned  by  the  governor  and  shall  be  deemed  a 
pledge  of  the  failh  and  credit  of  tiie  Commonwealth,  and 
principal  and  interest  shall  be  paid  at  the  time  specified 
therein  in  gold  coin  of  the  United  States  or  its  equivalent ; 
and  said  scrip  or  certificates  of  indebtedness  shall  be  sold 
and  disposed  of  at  ])ublic  auction,  or  in  such  other  mode 
and  at  such  times  and  prices  and  in  such  amounts  and  at 
such  rates  of  interest,  not  exceeding  the  amount  al)Ove- 
specified,  as  shall  be  deemed  for  the  best  interests  of  the 
Connnonwealth.  The  treasurer  and  receiver  general  shall, 
upon  issuing  any  of  said  scrip  or  certificates  of  indebted- 
ness, pay  into  the  sinking  fund  already  established  any 
premiums  received  from  the  sale  of  said  bonds,  and  he 
shall  apportion  thereto  from  year  to  year  in  addition 
amounts  sufficient  with  their  accumulations  to  extinguish 
at  maturity  the  del)t  incurred  by  the  issue  of  said  bonds. 


Acts,  1895.  — Chaps.  400,  401,  402.  443 

The  amount  necessary  to  meet  the  annual  sinkins:  fund  Certain  amount 
requirements  and  to  pa\'  the  interest  on  said  bonds  shall  by  taxation. 
be  raised  by  taxation  from  year  to  year. 

Section  2.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  May  21,  1893. 


Ax  Act  to  require  cities  to  provide  for  the  treatment  of 

PERSONS  suffering  FROM  CONTAGIOUS  UISEASES  EN  CERTAIN  CASES. 

Be  it  enacted,  etc.,  asfolloics: 


Chcq)AOO 


Treatment  of 

persons 


Every  city  shall  provide  for  the  treatment,  either  in  a  j^j'^te^t 
hospital  or  as  out  patients,  of  indigent  persons  suflerino^  8uffering''from 

^       ^  .        .  ^.     ,.      ..  '"it  coDtaeious,  etc., 

irom  contagious  or  iniectious  venereal  diseases.  diaeases. 

Approved  May  21,  ISO 5 


An  Act  making  an   ArPKOPRiATioN  for  the  commonwealth's  Chaj).4:0\ 

FLATS  improvement  FUND, 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1 .     The  sum  of  thirtj^  thousand  dollars  is  hereby  improvements 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com-  weaith's"flat9  at 
monwealth  from  the  ordinary  revenue,  for  the  purpose  ^'^"^'^  ^o^^o"^- 
of  continuing  the  improvements  of  the  Commonwealth's 
flats  at  Soutli  Boston,  as  authorized  by  chapter  ninety- 
three  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine. 

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

Approved  May  21,  1895. 


An  Act  to  authorize  the  secretary  of  the  commonwealth  (77ia».402 

TO   EMPLOY  ADDITIONAL  CLERICAL  AND   OTHER  ASSISTANCE. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     The  secretary  of  the  Commonwealth  may  Additional 
employ  such  additional  messengers  and  clerks  and  other  derks^ircf' 
assistance  as  may  ])e  necessary  for  the  despatch  of  public 
business :    j)rovided,  that  no  person    so   emi)loyed  shall  P''°^''^'^- 
receive  compensation  at  a  rate  exceeding  twelve  hundred 
dollars  a  year,  excepting  the  present  engrossing  clerk  and 
the   present  corporation  clerk,  who  may  each  receive  a 
salary  of  fourteen  hundred  dollars  a  year. 

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

Ajyj^roved  May  21,  1S95. 


Ui  Acts,  1895.  —  Chaps.  403,  404. 

/^7.„„  <AO  Ax  Act  to  aitiiokize  tiii;  sipueme  council  amekic^vn  legion 

■^  '  OF     HONOIl     TO     HOLD     ITS     MEETINGS     AVITIIOUT     THE     COM.AION- 

■\VEALTH. 

Be  it  enacted,  etc.,  as  foUoics : 
May  hold  m pet-       Sectiox  1.    The  Suprcmc  Council  American  Leoion  of 

inije  wuhout  ihe   ^-.  i       i   i      •  •  •  i  • 

commonwcuioi.  Hoiioi'  iiiaj  holcl  its  meetings  in  any  state  "svherein  a 
council  of  said  corporation  is  established ;  and  its  acts  at 
such  meetings  shall  have  the  same  eflect  as  if  done  within 
the  Commonwealth. 

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

Ax)proved  May  21,  1895. 

Chan  404  -^^   ^*^^  KELATIVE  to  TDE   approval    of    SURETIES    ON    BONDS    TO 

DISSOLVE   MECHANICS'  LIENS. 

Be  it  enacted,  etc.,  as  folloivs ; 
p.  s.  191,  §42,         Section  fortv-two  of  chapter  one  hundred  and  ninetv- 

amcDdcu.  •     i        t»    i^i-         -  •      i  i  i      i    i         • 

one  ot  the  ir^ublic  Statutes  is  hereby  amended  by  inserting 
in  the  seventh  line,  after  the  word  ''attorney",  the  words  : 
—  by  a  justice  of  a  police,  district,  or  municipal  court, — 
Mechanics' liens  SO  as  to  read  as  follows  :  —  /Section  42.     Any  person  hav- 
^^ved'by'b'onds,  iug  an  Interest  in  property  upon  which  a  lien  has  been 
^^'  claimed  pursuant  to  the  provisions  of  this  chapter,  may, 

at  any  time  before  final  judgment  in  a  suit  brought  to  en- 
force such  lien,  release  his  interest  in  such  pro})crty,  or  in 
any  portion  thereof,  from  such  lien,  by  giving  a  bond  to 
the  party  claiming  the  lien,  with  sufficient  sureties  to  be 
approved  in  writing  by  such  party  or  his  attorney,  by  a 
justice  of  a  police,  district,  or  municipal  court,  or  by  a 
master  in  chancery,  and  with  condition  to  i)ay  to  such 
party,  within  thirty  days  after  final  judgment  in  such  suit, 
a  sum  fixed  as  the  value  of  the  property  or  interest  so 
released,  or  so  much  of  such  sum  as  may  be  necessary  to 
satisfy  any  amount  for  which  such  property  or  interest  may 
be  found  to  be  subject  to  such  lien  in  such  suit.  If  the 
parties  interested  do  not  agree  as  to  the  value  of  the 
pro])erty  or  interest  to  be  released,  such  value  may  be 
fixed  in  the  same  manner  and  subject  to  the  same  provi- 
sions and  regulations  as  are  provided  in  sections  one  hun- 
dred and  twenty-six  and  one  hundred  and  twenty-seven 
of  chapter  one  hundred  and  sixty-one  for  fixing  the  value 
of  property  released  from  attachment. 

Ai^proved  May  21,  189 5. 


Acts,  1895.  — Chaps.  405,  406.  445 

An  Act  to  authorize  the  brookline  gas  light  compant  to  ChapA05 

LAY  its  pipes   TO  AND  ACROSS   FORT  POINT  CHANNEL. 

Be  it  enacted^  etc.,  as  follows: 

Section    1.      The   Brookline   Gas   Light  Company  is  May  lay  pipes, 
hereby  authorized  to  lay  and  maintain  its  gas  pipes  and  point'cLamiei"'^ 
such  siphons  and  other  structures  as  are  necessary  to  cover  ^^°' 
or  cany  the  same  to  and  across  Fort  Point  channel  under 
or  by  the  side  of  Dover  street  bridge  in  the  city  of  Bos- 
ton, subject  to  the  provisions  of  chapter  nineteen  of  the 
Public  Statutes  and  acts   in   amendment  thereof  and  in 
addition  thereto. 

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

Apjyroved  May  22,  1895. 

An  Act  to  provide  for  a  system  of  sewage  disposal  for  the  QJiar)  406 
neponset  kiver  valley.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  metropolitan  sewerage  com-  Metropolitan 
missiouers,  constituted   under   the   authority  of   chapter  miTsi^o"n^e*^rs^"" 
four  hundred  and  thirty-nine  of  the  acts  of  the  year  eight-  gyste'ra  of  * 
een  hundred    and   eighty-nine  shall,  for  the  purpose  of  \l^lf^  disposal 
constructing,  maintaining  and  operating  a  system  of  sev^-  Boston  and 
age  disposal  for  the  city  of  Boston  and  the  towns  of  Ded- 
ham,  Hyde  Park   and   Milton,  construct,   maintain   and 
operate  such  main  sewers  and  other  works  as  said  board 
shall  deem  necessary  for  carrying  out  said  purposes,  in 
accordance  with  such  plans  as  the  said  board  or  a  majority 
thereof  may  approve  and  adopt,  subject  to  the  approval 
of  the  state   board  of  health,  may  take  by  purchase  or 
otherwise  and  use  as  part  of  said  main  sewers  the  sewer 
or  part  of  sewer  now  or  hereafter  built  by  the  city  of 
Boston  l)etween  Granite    bridge,  so-called,   and   Central 
avenue,  in  the  Dorchester  district  of  said  Boston.     Said 
board,  for  the  purposes  aforesaid,  may  make  all  contracts 
necessary  for  the  construction  of  the  sewers  and  works 
aforesaid,  and  may,  where  deemed  advisable,  carry  on  said 
construction  l)y  day  labor. 

Section  2.     Said  board  may,  for  the  purposes  afore- May  carry 
said,  carry  and  conduct  any  sewer  by  it  to  be  made  and  ovrr^Bueew!'^  °' 
constructed  under  or  over  any  water  course,  or  any  street, 
turnpike  road,  railroad,  highway  or  other  way  in  such 
manner  as  not  unnecessarily  to  obstruct  or  impede  travel 


etc. 


U6 


Acts,  1895.  — Chap.  406. 


PtreetB,  etc.,  to 
be  restored  to 
good  order,  etc. 


Proviso. 


May  change 
diiection  of  any 
w;iier  course, 
etc. 


May  take  cer- 
tain lands, 
water  coureea, 
etc. 


thereon  ;  and  may  enter  upon  and  dig  up  any  such  road, 
street  or  way  for  the  pur})ose  of  laying  sewers  beneath  the 
surface  thereof  and  for  maintaining  and  repairing  the 
same ;  and  in  general  may  do  any  other  acts  and  things 
necessary  or  convenient  and  proper  for  the  purposes  of 
this  act.  In  entering  ui)on  or  in  digging  up  any  such  road, 
street  or  way  used  for  public  travel  said  board  shall  be 
subject  to  such  reasonable  regulations  as  may  be  made  by 
the  mayor  and  aldermen  or  selectmen  of  the  city  and  towns 
respectively  wherein  such  works  are  performed. 

Section  3.  "Whenever  said  board  digs  up  any  road, 
street  or  way,  as  aforesaid,  it  shall,  so  far  as  practicable, 
restore  the  same  to  as  good  order  and  condition  as  the 
same  was  in  when  such  digging  was  commenced.  And  the 
Commonwealth  shall  at  all  times  indemnify  and  save  haiTU- 
less  the  several  cities  and  towns  within  which  such  roads, 
streets  or  ways  are  situated,  against  all  damages  which 
may  bo  recovered  against  them  respectively,  and  shall 
reimburse  them  for  all  expenses  which  they  shall  incur  by 
reason  of  any  defect  or  want  of  repair  in  any  road,  street 
or  way  caused  by  the  construction  of  any  of  said  sewers, 
or  by  the  maintaining  or  repairing  of  the  same  :  jm'ovided, 
that  said  board  shall  have  reasonable  notice  of  all  claims 
for  such  damages  or  injury  and  opportunity  to  make  a  legal 
defence  thereto. 

Section  4.  Said  board  may  also  alter  or  change  the 
course  or  direction  of  any  water  course,  or  may,  with  the 
consent  of  the  mayor  and  aldermen  of  cities  or  selectmen 
of  towns,  alter  or  change  the  location  or  grade  of  any 
highway,  town  way,  public  street  or  way  of  travel  crossed 
by  any  sewers  constructed  under  the  provisions  of  this 
act,  or  in  which  such  sewers  may  be  located. 

Section  5.  Said  board,  acting  in  behalf  of  the  Com- 
monwealth, may  take  by  purchase  or  otherwise  any  lands 
in  fee  and  any  rights  or  easements  in  lands,  water  courses 
or  ways  that  it  deems  necessary  to  carry  out  the  purposes 
of  this  act,  and  to  take  any  such  land,  right  or  easement 
in  any  manner  other  than  by  purchase,  or  to  take  any 
sewer  or  part  of  a  sewer  as  hereinbefore  provided,  shall 
cause  to  be  recorded  in  the  registry  of  deeds  for  the  county 
and  district  in  which  such  lands,  rights,  easements  or 
sewer  or  i)aii;  of  a  sewer  lie,  a  statement  signed  by  said 
board  describing  the  same  as  certainly  as  is  required  in  a 
common  conveyance  of  laud,  and  stating  that  the  same 


Acts,  1895.  — Chap.  406.  U7 

are  taken  for  the  purposes  of  this  act,  and  the  lands, 
rights,  easements  or  sewer  or  part  of  a  sewer  so  described 
shall  vest  in  the  Commonwealth. 

Section  6.  The  Commonwealth  shall  pay,  in  the  man-  Damages, 
ner  hereinafter  described,  all  damages  sustained  by  any 
person  or  corporation  by  any  such  taking.  And  if  said 
board  and  such  person  or  corporation  cannot  agree  as  to 
the  amount  so  to  be  paid,  either  said  board  or  said  person 
or  corporation  may  petition  the  superior  court  of  the 
county  in  which  the  property  taken  or  injured  is  situated 
for  a  jury  to  determine  said  damages  ;  and  thereupon  the 
same  proceedings  shall  be  had  as  provided  in  case  of  appli- 
cations for  a  jury  by  persons  dissatisfied  with  the  damages 
awarded  for  land  taken  for  the  laying  out  of  highways  in 
the  city  of  Boston :  jjwvidecl,  that  no  such  application  for  Proviso. 
a  jury  shall  be  made  after  the  expiration  of  two  years  from 
the  date  of  such  taking. 

Section  7.     Said  board  may  cause  the  sewage  from  its  sewage  may 
said  mam  sewer  to  be  disciiarged  into  the  sewerage  sys-  into  sewerage 
tem  of  the  city  of  Boston,  and  if  so  shall  pay  therefor  ofBo^toU'^etc. 
such  compensation  as  shall  be  agreed  upon  by  the  engi- 
neer of  said  board  and  the  city  engineer  of  the  city  of 
Boston  ;  and  if  they  cannot  agree  upon  such  compensation 
then  the  same  shall  be  determined  by  an  arbitrator  to  be 
appointed  by  any  justice  of  the  supreme  judicial  court  sit- 
ting in  equity  in  the  county  of  Sufiblk,  and  the  award  of 
said  arbitrator  made  and  accepted  by  said  court  shall  be 
final  and  conclusive  for  such  term  of  years  as  shall  be 
agreed  upon  by  said  parties,  or  shall  be  ordered  by  said 
arbitrator  and  approved  by  said  court. 

Section  8.     Said  board  shall  at  all  times  keep  for  said  Accounts  of 

,     1  ,  receipts  and 

system  tull,  accurate  and  separate  accounts  of  its  receipts,  expenditures, 
expenditures,  disbursements,  assets   and  liabilities,  and 
shall  include  an  abstract  of  the  same  in  its  annual  report 
to  the  general  court. 

Section  9.     The  city  and  towns  aforesaid  shall  con- connection  of 
nect  their  local  sewers  with  such  main  sewers,  subject  to  wuhmJin" 
the  direction  and  control  of  said  board,  and  any  person  or  sewers,  etc. 
corporation  may,  subject  to  the  direction  and  control  of 
said  board  and  on  such  terms,  conditions  and  regulations 
as  the  city  or  town  may  prescribe,  connect  private  drains 
with  said  main  sewers,  and  for  the  purpose  of  making 
such  connections,  the  city  or  town  may  extend  its  sewers 
across  the  Neponset  river  in  sucTi  manner  as  the  board  of 


us 


Acts,  1895.  — Chat.  406. 


Penalty  for 
doKtniclion  of 
property,  etc. 


May  dispose 
of  certain 
property. 


Proviso. 


Conveyance  of 
certain  real 
estate. 


Proceeds  of 
sales. 


Certain  money 
to  be  applied  to 
payment  of 
luterest. 


Metropolitan 
Sewerage  Loan 


harbor  and  land  commissioiiors  may  approve,  and  shall, 
in  respect  to  all  work  and  structures  in  tide  water,  be  sub- 
ject to  the  provisions  of  chapter  nineteen  of  the  Public 
Statutes,  and  of  all  acts  in  amendment  thereof  or  in  addi- 
tion thereto,  so  far  as  the  same  are  applicable. 

Section  10.  Whoever  -wilfully  or  maliciously  destroys 
or  mjures  any  sewer  or  other  pro])erty  held  or  used  by 
said  board  under  the  authority  and  for  the  i)ur])Oses  of 
this  act,  shall  forfeit  and  })ay  to  the  Conmion wealth  three 
times  the  amount  of  the  damaijes  assessed  therefor,  to  be 
recovered  in  any  })roper  action  ;  and  upon  conviction  of 
either  of  the  above  wilful  or  malicious  acts  shall  be  pun- 
ished by  a  fine  not  exceedinij  one  thousand  dollars  or  by 
imprisonment  in  the  house  of  correction  not  exceeding  one 
3'ear,  or  by  both  such  fine  and  imprisonment. 

Sectiox  11.  Said  board  may  from  time  to  time,  and 
at  public  or  private  sale  as  they  may  deem  ])esl,  dispose 
of  any  property,  real  or  personal,  no  longer  needed  for 
the  construction,  maintenance  or  operation  of  the  sewers 
authorized  by  this  chapter :  j)^'Ovided,  however^  that  such 
sale  shall  not  impair  the  maintenance  and  operation  of  said 
sewers. 

Section  12.  Eeal  estate  so  sold  may  be  conveyed, 
subject  to  such  easements,  reservations  and  restrictions  as 
said  board  may  deem  necessary  to  secure  the  maintenance, 
renewal  and  operation  of  said  sewers,  by  deed  duly  exe- 
cuted by  said  commissioners  on  behalf  of  the  Common- 
wealth with  or  without  warranty. 

Section  13.  The  net  proceeds  of  such  sales,  after  de- 
ducting all  necessary  expenses  incurred  thereby,  shall  be 
paid  inio  the  treasury  of  the  Commonwealth  and  shall  be 
credited  to  and  form  a  part  of  the  fund  to  be  used  in  con- 
struction or  maintenance  of  said  sewers. 

Section  14.  Any  money  which  may  be  collected  or 
received  by  the  treasurer  and  receiver  general  of  the  Com- 
monwealth from  checks  de}K)sited  with  said  board  by  bid- 
ders for  work,  and  by  said  board  declared  forl'eited,  and 
any  sums  collected  or  received  by  said  treasurer  and  re- 
ceiver general  for  breach  of  any  contract  made  with  said 
board,  shall  be  applied  to  the  payment  of  interest  upon 
the  loan  issued  under  the  authority  of  this  act. 

Section  15.  To  meet  the  exiDcnses  incurred  under 
the  provisions  of  this  act  the  treasurer  and  receiver  gen- 
eral shall,  with  the  approval  of  the  governor  and  council. 


Acts,  1895.  — Chap.  406.  449 

issue  from  time  to  time  scrip  or  certificates  of  debt,  in  the  g^/^e°Pgj  Loan. 
name  and  behalf  of  the  Coumion  wealth  and  under  its  seal, 
to  an  amount  not  exceeding  five  hundred  thousand  dollars, 
for  a  term  not  exceeding  foi-ty  years.  Said  scrip  or  certifi- 
cates of  debt  shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  not  ex- 
ceeding 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  equivalent. 
Said  scrip  or  certificates  of  debt  shall  be  designated  on 
the  face  thereof.  Metropolitan  Sewerage  Loan ;  shall  be 
countersigned  by  the  governor  and  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth,  re- 
deemable at  the  time  specified  therein  in  gold  coin  or  its 
equivalent,  and  shall  be  sold  and  disposed  of  at  a  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  treasurer 
and  receiver  general  with  the  approval  of  the  governor 
and  council  shall  deem  for  the  best  interest  of  the  Com- 
monwealth. The  treasurer  and  receiver  general  shall  on  sinking  fund, 
issuing  any  of  said  scrip  or  certificates  of  debt  establish  a 
sinking  fund  and  apportion  thereto  from  year  to  year  an 
amount  sufiicient  with  its  accumulations  to  extinguish  the 
debt  at  maturity.  But  in  such  apportionment  of  a  sink- 
ing fund  the  assessment  shall  be  at  the  rate  of  one  eighti- 
eth part  of  the  whole  amount  in  each  of  the  first  ten  years, 
one  sixtieth  part  in  each  of  the  second  ten  years,  one 
thirtieth  part  in  each  of  the  third  ten  years,  and  the  re- 
mainder equally  divided  in  the  next  ten  years.  Any  pre- 
mium realized  in  the  sale  of  said  scrip  or  said  certificates 
of  debt  shall  l)e  applied  to  the  payment  of  the  interest  on 
said  loan  as  it  accrues. 

Section  16.     The   supreme  judicial   court   sitting   in  Appointment  of 
equity  shall,  on  the  application  of  said  board,  after  notice  to  d^eni'inr^ 
to  the  city  and  each  of  the  towns  hereinbefore  named,  {^e°pa°id  by  city 
appoint  three  commissioners,  who  shall  not  be  residents  and  towns, 
of  the  city  or  of  any  of  the  towns  mentioned  in  this  act, 
who  shall,  after  due  notice  and  hearing,  and  in  such  man- 
ner as  they  shall  deem  just  and  equitable,  determine  for 
said  system  the  proportion  in  which  the  city  and  each  of 
the  towns  hereinbefore  named  shall  annually  pay  money 
into  the  treasury  of  the  Commonwealth  for  the  term  of  five 


450  Acts,  1895.  — Chap.  406. 

years  next  followinij  tlie  year  of  the  first  issue  of  said  scrip 
or  ccrtiticates,  to  meet  the  interest  and  sinking  fund  require- 
ments for  each  of  said  years,  as  estimated  by  said  treasurer, 
and  to  meet  the  cost  of  maintenance  and  operation  of  said 
system  for  each  of  said  years,  as  estimated  by  the  said 
board  and  certitied  to  said  treasurer,  and  any  deficiency  m 
the  amount  previously  paid  in,  as  found  by  said  treasurer. 
In  maldng  their  award  the  commissioners  may  take  into 
consideration  the  amount  of  the  use  of  the  sewers  l)y  said 
city  or  towns  respectively,  the  population  and  valuation 
thereof,  and  also  the  extent,  if  any,  to  which  said  main 
sewers  relieve  the  city  or  towns  respectively  of  the  neces- 
sity of  constructing  local  sewers  at  their  own  charge,  and 
any  other  considerations  as  may  seem  to  them  just  and 
equitable,  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  conclusiv^e  adjudication 
of  all  matters  herein  referred  to  said  commissioners,  and 
shall  be  binding  on  all  parties. 
To  be  appointed      SECTION  17.     Bcforc  tlic  cxpiration  of  said  term  of  five 

B\*crv  iivG  VGtirSi 

etc.  years,  and  every  five  years  thereafter,  other  commission- 

ers, who  shall  not  be  residents  of  the  city  or  of  any  of  the 
towns  mentioned  in  this  act,  shall  be  appointed  as  afore- 
said, who  shall  in  the  manner  above-prescribed  determine 
the  proportion  in  which  said  city  and  each  of  said  towns 
in  said  system  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  adjudi- 
cation of  all  matters  herein  referred  to  said  commissioners, 
and  shall  be  binding  on  all  parties. 
Amount  SECTION  18.     Tlic  amouut  of  money  required  each  3'ear 

cii>'  and  towns  froui  Said  clty  and  each  of  said  towns  to  meet  the  interest, 
by'trerau^e^''  Sinking  fuiid  requirements  and  cost  aforesaid  for  each  year 
*^'^"  and  deficiency,  if  any,  shall  be  estimated  by  said  treasurer 

in  accordance  with  the  proportion  determined  as  afore- 
said, and  shall  be  included  in  and  made  a  })art  of  the  sum 
charged  to  such  city  or  town,  and  be  assessed  upon  it  in 
the  apportionment  and  assessment  of  its  annual  state  tax ; 
and  said  treasurer  shall  in  each  year  notify  such  city  and 
each  of  said  towns  of  the  amount  of  such  assessment,  which 
amount  shall  be  paid  by  the  city  or  town  into  the  treasury 


Acts,  1895.  — Chap.  407.  451 

of  the  Commonwealth  at  the  time  required  for  the  pay- 
ment and  as  a  part  of  its  state  tax. 

Section  19.  Until  the  completion  of  the  system  of  ^/[„o^"e*"^/ 
sewerage  provided  for  in  this  ehapter  the  clerk  of  the  beadvanced.etc. 
board  of  metropolitan  sewerage  commissioners,  or  such 
other  person  as  said  board  may  designate,  may  have  ad- 
vanced to  him  from  the  money  in  the  treasury  of  the  Com- 
monwealth received  from  the  loan  hereinbefore  authorized, 
such  sums,  not  exceeding  ten  thousand  dollars  at  any 
time,  as  the  auditor  may  certify  to  be  necessary  to  enable 
said  board  to  make  direct  payment  upon  its  pay  rolls  and 
other  accounts.  The  person  so  designated  by  said  board 
shall  give  a  Ijond  with  sufficient  sureties,  to  be  approved 
by  the  auditor  of  the  Commonwealth,  in  the  sum  of  ten 
thousand  dollars. 

Section  20.     As  soon  as  may  be  after  expendino-  such  statement  of 

1  1    •  . ,  1   -        .  1   •    J         1  /•  j^i  expenditures  to 

advance,  and  in  any  case  withm  thirty  days  Irom  the  re-  be  filed. 
ceipt  thereof,  the  officer  who  has  received  money  of  the 
Commonwealth  under  the  provisions  of  the  preceding 
section  shall  tile  with  the  said  auditor  a  statement  in  detail 
of  the  sums  expended  subsequent  to  the  previous  account- 
ing, approved  by  said  board,  and,  where  it  is  practicable 
to  obtain  them,  receipts  or  other  like  vouchers  of  the  per- 
sons to  whom  the  payments  have  been  made. 

Section  21.     The  supreme  judicial  court  shall   have  Enforcenient  of 

'       •     T    !_•  '  -J.      J.  r  J.1  •    •  i>  J.I   •  J.     provisions,  etc. 

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

Section  22.    This  act  shall  take  effect  upon  its  passage. 

A2)proved  May  24^  1895. 


ChapAOl 


An    Act    to    authorize    an    appropriation    by  the    city    of 

lowell  for  the  commemoration  of  memorial  day. 
Be  it  e7iacted,  etc. ,  as  follows : 

Section  1.     The  board  of  mayor  and  aldermen  of  the  commemora. 

..  /•   T  n  •    J  f  J  tion  of  Memo- 

City  ot  L/owell  may  appropriate  a  sum  ol  money  not  ex-  riai  day  in  city 

ceeding  eight  hundred  dollars,  for  the  commemoration  of  °^  ^°^^^"- 
Memorial  day  in  the  present  year,  and  the  city  treasurer 
may  borrow  upon  the  credit  of  the  city  an  amount  not  ex- 
ceeding the  amount  appropriated  for  said  purpose. 

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

Approved  May  24^  1893. 


452  Acts,  1895.  — Chap.  408. 

Ohan  4:08   ^^'    ^^"^    '^*^    rUOVIDK    rOU    CERTAIN    SCIIOOLHOUSES    IN    THE    CITY 

OF    UOSTOX. 

Be  it  enacted^  etc.,  asfoHoics: 
conatrnction,  Sectiox  1.     Tbc  school  committec  of  the  city  of  Bos- 

bui'i'dings  in  city  ton  sliuU  liavG  full  powGi*  and  control  of  the  design,  con- 
struction, erection  and  furnishing  of  all  school  buildings, 
and  arc  hereby  authorized  to  select  and  employ  an  archi- 
tect or  architects  to  design  said  buildings  and  to  supervise 
the  construction  and  erection  thereof;  but  no  work  upon 
any  building  shall  be  commenced  until  full  general  plans 
of  such  building  shall  have  been  prepared,  and  no  specific 
work  shall  be  commenced  until  the  same  shall  haA^e  been 
duly  advertised,  proposals  for  such  work  shall  have  been 
received  from  responsible  parties,  and  contracts  shall  have 
been  entered  into,  with  satisfactory  guarantees  for  their 
Proviso.  performance  :  provided,  however,  that  no  contract  made 

under  this   act   shall  be  valid   unless   approved   by  the 
mayor, 
street  commia-        Sectiox  2.     The  board  of  strcct  commissiouers  of  Said 
certain  lands  for  city,  at  the  recjucst  of  the  school  committee,  shall  take  by 
sc^oo  purposes,  p^j.^.jjj^j^g  q^  otlicrwise  such  lands  for  school  purposes  as 
said  school  committee  with  the  approval  of  the  mayor 
shall  designate,  and  to  take  any  lands  under  the  right  of 
eminent  domain,  shall  sign  and  cause  to  bo  recorded  in 
the  registry  of  deeds  for  the  county  of  Suffolk  a  statement 
containing  a  description  thereof  as  certain  as  is  required 
in  a  common  conveyance  of  land,  and  stating  that  the 
same  are  taken  for  school  purposes  ;  and  upon  the  record- 
ing of  any  such  statement  the  lands  described  therein  shall 
be  taken  in  fee  for  said  city. 
Damages.  Sectiox  3.     Said  city  shall  pay  all  damages  sustained 

by  any  person  in  his  property  by  an}-  taking  as  aforesaid, 
the  same  to  be  determined  })y  agreement  between  said 
board  and  person,  and  if  they  cannot  agree  said  board  or 
•  person  may  within  one  year  after  the  date  of  the  taking 
file  in  the  office  of  the  clerk  of  the  superior  court  for  the 
county  of  Suffolk  a  petition  for  a  jury  to  determine  such 
damages,  and  tliereui)on,  after  such  notice  as  said  court 
shall  order,  the  damages  so  sustained  shall  be  determined 
l)y  a  jury  in  said  court,  in  the  same  manner  as  damages 
for  lands  taken  for  highways  in  said  city  are  deternnned, 
and  costs  shall  be  taxed  and  execution  be  issued  in  favor 
of  the  prevailing  party  as  in  civil  cases. 


Acts,  1895.  — Chap.  409.  453 

Section  4.     The  city  treasurer  of  said  city,  to  pay  the  city  treasurer 

1     /•        "Ili        1        1      ^    1  1    xt,       X.     'U'  to  issue  boude, 

expenses  incurred  for  the  lands  taken  and  the  building  etc. 
and  furnishino-  of  schoolhouses  as  aforesaid,  shall  from 
time  to  time  on  the  request  of  said  school  committee  issue 
and  sell  negotiable  bonds  of  said  city  to  an  amount  not 
exceeding  live  hundred  thousand  dollars  in  the  current 
year,  which  shall  be  outside  of  the  debt  limit,  and  five 
luinclred  thousand  dollars  in  the  year  eighteen  hundred 
and  ninety-six  and  four  hundred  thousand  dollars  in  eacli 
of  the  three  following  years,  which  shall  all  be  within  the 
debt  limit. 

Section  5.  Said  bonds  shall  bear  interest  payable  interest  on 
semi-annually  on  the  first  days  of  January  and  July  of  ^°°''*'  ^^''' 
each  year;  shall  be  registered  or  with  interest  coupons 
attached,  be  sold  and  disposed  of  in  such  manner  and  at 
such  times  and  prices  and  in  such  amounts  and  at  such 
rates  of  interest,  not  exceeding  four  per  cent,  per  annum, 
and  for  such  terms  not  less  than  thirty  nor  more  than 
forty  years,  as  the  treasurer  with  the  approval  of  the 
mayor  shall  from  time  to  time  determine. 

Section  6.  Said  treasurer  shall  hold  the  proceeds  of  ^0°^^^'^^  °^ 
said  bonds  in  the  treasury  of  said  city  and  pay  therefrom 
the  expenses  for  said  lands  and  schoolhouses :  lyrovided,  ^^^^'^^°' 
however^  that  he  shall  pay  over  to  the  board  of  commis- 
sioners of  sinking  funds  of  said  city  any  premiums  received 
by  him  in  the  sale  of  said  bonds,  and  said  commissioners 
shall  place  all  amounts  so  paid  by  said  treasurer  in  a  sink- 
ing fund  for  the  payment  of  the  bonds  hereby  authorized. 

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

Approved  May  24,  1895. 

An  Act  to  provide  for  the  completion  of  the  registry  of  nji(ij),4^()^ 

DEEDS    BUILDING  AT   CAMURIUGE. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  county  commissioners  of  the  county  May  incur  adcii- 
of  :Middlesex,  for  the  purpose  of  completing  the  registry  ''""''^  "p^"««- 
of  deeds  building  at  Cambridge,  may  incur  an  expense 
not  exceeding  three  hundred  thousand  dollars  in  addition 
to  the  amount  authorized  by  chapter  three  hundred  and 
sixty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  ;  and  said  commissioners  shall  make  no  contracts 
calling  for  a  larger  expenditure  in  the  aggregate  for  said 
purpose  than  the  amount  herein  authorized  to  be  expended. 


4:54: 


Acts,  1895.  — CuAr.  410. 


Plane,  etc.,  to 
tie  approved  by 
board. 


Proposals  for 
work. 


County  cooamis- 
sionersmay 
issue  bonds,  etc. 


Proviso. 


Section  2.  Xo  contract-s  shall  be  made  for  the  con- 
struction and  furnishing  of  said  building  until  plans  and 
estimates  in  detail  have  been  prepared  and  submitted  to 
a  board,  to  consist  of  the  judires  of  proliate  for  the  county 
of  ]\Iiddlesex  and  the  reuistcr  of  deeds  for  the  southern 
district  of  said  county,  and  ap})roved  by  such  board.  And 
such  approval  shall  not  be  given  unless  said  board  is  satis- 
fied that  the  cost  of  the  building  and  its  furnishings,  ready 
for  use,  will  not  exceed  the  amount  herein  authorized  to 
])e  expended. 

Section  3.  The  county  commissioners,  after  said  plans 
have  been  so  approved,  shall  advertise  for  proposals  for 
said  work.  Such  advertisements  shall  be  published  in 
at  least  two  daily  newspapers  published  in  the  city  of 
Boston  for  at  least  two  weeks  successively  prior  to  the 
time  specified  therein  for  opening  said  proposals.  The 
contracts  for  said  work  shall  be  awarded  to  the  lowest 
responsible  bidder. 

Section  4.  In  order  to  meet  the  expense  incurred 
under  this  act  the  county  conmiissioners  may  issue  coupon 
or  registered  bonds  of  said  county  to  an  amount  not 
exceeding  in  the  aggregate  three  hundred  thousand  dol- 
lars :  2^^'ovided,  that  the  amount  of  bonds  issued  for  said 
purpose  during  the  \ear  eighteen  hundred  and  ninety-five 
shall  not  exceed  one  hundred  thousand  dollars.  Before 
issuing  any  such  bonds  said  commissioners  shall  advertise 
for  proposals  for  the  amount  to  be  issued,  in  two  daily 
newspapers  published  in  the  city  of  Boston,  and  the  bonds 
shall  be  sold  to  the  highest  bidder.  The  indebtedness  so 
incurred  by  said  county  shall  be  paid  out  of  amounts 
received  for  taxes,  at  the  rate  of  ten  thousand  dollars  each 
year,  commencing  with  the  year  eighteen  hundred  and 
ninety-six,  until  the  whole  indebtedness  is  paid. 

Section  5.     This  act  shall  take  efi'ect  upon  its  passage. 

Apjyroved  May  24,  1895. 


ChapAlO 


Certain  legisla- 
tive agents  to 
file  written 
autliorization 
to  act. 


An  Act  relative  to  legislative  counsel  and  agents. 

Be  it  enacted,  etc.,  asfollotvs  : 

Legislative  agents,  not  attorneys  at  law,  who  are  re- 
quired by  section  one  of  chajiter  four  hundred  and  fifty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety  or 
acts  in  nniendment  thereof  or  in  addition  thereto  to  liave 
their  names  entered  upon  the  legislative  docket,  shall  file 


Acts,  1895.  — Chaps.  411,  412.  455 

with  the  sergeant-at-arms,  at  the  time  such  entry  is  made, 
a  written  authorization  to  act  as  such  agent,  signed  by  the 
person  or  corporation  for  whom  they  claim  to  act.  Any 
such  legislative  agent  failing  so  to  do  shall  be  subject  to 
the  penalties  imposed  upon  persons  acting  as  legislative 
counsel  or  agents  in  violation  of  the  provisions  of  said 
chapter  four  hundred  and  fifty-six. 

Approved  May  25,  1895. 

An  Act  relative  to  the  taking  of  fish  in  sherman  pond  in  njinj)  411 

THE  town   of   BRIMFIELD.  -^ 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     The  town  of  Brimfield  may,  by  vote  in  Taking  of  fish 
town  meeting,  make  regulations  specifying  the  times  when  p"ond  may  be 
fish  may  be  taken   in   Sherman  pond  in  said  town,  and  ''«'gu'a'ed. 
affix  penalties  for  the  violation  of  said  regulations  not  ex- 
ceeding twenty  dollars  for  any  one  ofience.     Said  regu- 
lations, when  approved  by  the  commissioners  of  inland 
fisheries  and  game  and  recorded  in  the  oflice  of  the  clerk 
of  said  town,  shall  be  in  full  force  and  effect  for  a  period 
of  ten  years  from  the  passage  of  this  act,  and  binding  on 
all  persons  for  such  period  and  no  longer,  but  shall  be 
void  unless  so  approved  and  recorded. 

Section  2.     Except  as  provided  in  the  preceding  sec- certain  laws  to 
tion  the  general  laws  of  the  Commonwealth  relative  to  the  "^^'^" 
taking  of  fish  shall  apply  to  the  taking  of  fish  in  the  waters 
of  said  pond.  Approved  Hay  25,  1895. 

An  Act  relative   to   the   registration   of   physicians   and  QjinrQ  412 

SURGEONS.  "' 

Be  it  enacted,  etc.,  as  follows: 

Section  ten  of  chapter  four  hundred  and  fifty-eioht  of  i894, 45s  §  lo, 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  amended  by  striking  out  in  the  third  line,  after  the 
word  "Commonwealth",  the  words  "by  appending",  and 
inserting  in  place  thereof  the    words: — or  appends, — 
also  by  striking  out  in  the  fourth  line,  the  word  "using", 
and  inserting  in  place  thereof  the  word: — uses, — so  as 
to  read  as   follows:  —  Section   10.     Whoever  not  being  Penalty  for  un- 
registered as  aforesaid  shall  advertise  or  hold  himself  out  usTjg.'e^tc.fira 
to  the  public  as  a  physician  or  surgeon  in  this  Common-  ^uJ|eon°etc. 
wealth,  or  appends  to  his  name  the  letters  "M.D.",  or 
uses  the  title  of  doctor,  meaning  thereby  a  doctor  of  medi- 


436 


Acts,  1895.  — Chats.  413,  414. 


cine,  shall  be  punished  l)v  a  fine  of  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars  for  each 
offence,  or  by  imprisonment  in  jail  for  three  months,  or 
both.  Approved  May  25,  1895. 


(J]iav.4:\o  An  Act  to  authorize  the  -Worcester,  Nashua  and  Rochester 

RAILROAD     COMPANY    TO    ISSUE     BONDS     FOR     THE     PURPOSE     OP 
FINDING  A   PORTION  OP  ITS   FLOATING   DEBT. 


ATay  issue  mort- 
gage bonds,  etc. 


Savings  banks, 
etc.,  may  invest 
in  bonds. 


Be  it  enacted,  etc.,  as-  follows  : 

Section  1.  The  Worcester,  Nashua  and  Rochester 
Railroad  Company  is  hereby  authorized,  sul)ject  to  the 
approval  of  the  railroad  commissioners,  to  is.sue  bonds  for 
the  purpose  of  funding  its  present  floating  debt,  to  an 
amount  not  exceeding  at  any  time  the  sum  of  two  hundred 
thousand  dollars,  payable  in  such  manner  as  may  be  deter- 
mined by  the  directors,  and  at  any  time  not  exceeding 
forty  years  from  their  dates,  with  interest  payable  semi- 
annually, and  to  secure  the  same  by  a  first  mortgage  to 
trustees  upon  that  part  of  its  railroad  lying  between  its 
terminus  in  the  city  of  Xa,shua  and  its  terminus  in  the 
city  of  Rochester  in  the  state  of  iS'ew  Hampshire ;  but  no 
bonds  shall  be  issued  b}^  said  corporation  except  in  accord- 
ance with  the  laws  of  the  Commonwealth  relating  to  the 
issues  of  bonds  by  railroad  corporations. 

Section  2.  Savings  banks  and  institutions  for  savings 
in  the  Commonwealth  may  invest  in  bonds  of  the  Worces- 
ter, Xasliua  and  Rochester  Railroad  Company  issued  and 
secured  as  provided  in  section  one  of  this  act. 

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

A2^p>roved  May  27,  1895. 


(7/iff».414   ^^^'   -^^^  ^^   AUTHORIZE   THE   CITY   OF   NORTHAMPTON   TO   ACCEPT   A 

GIFT   OF   CERTAIN   REAL   ESTATE. 

Be  it  enacted,  etc.,  as  folloics : 
May  take  and  SectionI.    The  citv  of  Northampton  is  hcrcbv  autlior- 

hold  certain  real   .  •  t     i      i  i       i 

estate.  izcd  and  empowered  to  take  and  hold  the  real  estate  in 

said  city  conveyed  to  it  b\'  Edward  H.  R.  Lyman  by  his 
deed  of  gift  dated  the  third  day  of  November  in  the  year 
eighteen  hundred  and  ninety-two,  and  recorded  in  Ilann)- 
shire  county  regi.stry  of  deeds,  book  four  hundred  and 
fifty-seven,  pages  twenty-one  to  twenty-five,  inclusive, 
and  known  as  the  Academy  of  j\Iusic,  according  to  the 
purposes  and  subject  to  the  conditions  set  forth  in  said 


Acts,  1895.  — Chap.  415.  457 

conveyance.     And  the  vote  of  the  city  council  of  said  city 
in  the  month  of  February  in  the  year  eighteen  hundred 
and  ninety-three  accepting  said  gift  is  herebj^  ratified  and    . 
confirmed   and   shall   be   deemed  a   suliicient  acceptance 
thereof  by  said  city. 

Section  2.     This  act  shall  take  effect  upon  its  accept-  wheutotake 
ance  by  the  city  council  of  the  city  of  Northampton.     The 
vote  on  such  acceptance  shall  be  a  yea  and  nay  vote  and 
shall  be  approved  by  the  mayor. 

Approved  May  27,  1895. 


An  Act  to  regulate  banking  hours  on  Saturdays  aviiich  are 
NOT  holidays. 


ChapA15 


Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  seventeen  of  chapter  seventy-seven  p-  b.  77,  §  17, 
of  the  Public  Statutes  is  hereby  amended  by  inserting  at  the  ^'^^^  * 
end  of  the  fourth  line,  the  words  :  —  except  that  when  such 
next  succeeding  business  day  is  a  Saturday  which  is  not  a 
holiday  according  to  law,  the  time  for  such  decision  shall 
expire  on  such  Saturday  at  twelve  o'clock  noon, — so  as 
to  read  as  follows  :  —  Section  17.    A  person  upon  whom  a  Acceptance  of 
bill  of  exchange  or  draft,  which  requires  acceptance,  is  change.^eto. 
drawn,  shall  have  until  two  o'clock  in  the  afternoon  of 
the  business  day  next   succeeding  the  first  presentation 
thereof  in  which  to  decide  whether  or  not  he  will  accept 
the  same,  except  that  when  such  next  succeeding  business 
day  is  a  Saturday  which  is  not  a  holiday  according  to  law, 
the  time  for  such  decision  shall  expire  on  such  Saturday 
at  twelve  o'clock  noon  ;   but  every  bill  of  exchange  or  draft, 
which  is  for  cause  held  over  one  day,  shall  when  accepted 
date  from  the  day  of  presentation. 

Section  2.  All  bills  of  exchange,  drafts,  bank  checks  Protest  of  cer- 
and  promissory  notes  which  are  liable  to  be  protested  for  exdiMge°etc. 
non-acceptance  or  non-payment  at  twelve  o'clock  noon  on 
any  Saturday  which  is  not  a  holiday  according  to  law, 
may  be  protested  for  non-acceptance  or  non-payment,  as 
the  case  may  be,  on  any  such  Saturday  at  any  time  after 
twelve  o'clock  noon,  or  on  the  next  succeeding  secular  or 
business  day. 

Section  3.     All  bills  of  exchange,  drafts  and  promis-  when  certain 
sory  notes,  except  those  payable  on  demand,  which  would  changl.^e'tc., 
otherwise  be  payable  on  any  Saturday  not  a  holiday  ac-  Ibiel  ^^  ^*^" 


458 


Acts,  1895.  — Cuap.  416. 


When  to  take 
effect. 


cordinir  to  law,  shall  be  deemed  to  be  and  shall  be  payable 
on  the  next  sueceediug  secular  or  business  day. 

Section  4.  This  act  shall  take  eflect  on  the  first  day 
of  June  in  the  year  eighteen  hundred  and  ninet}-live  and 
shall  apply  only  to  l)ills  of  exchange,  drafts,  bank  checks 
and  promissory  notes  made  after  it  takes  effect. 

Approved  May  28,  1895. 


Chap 


Appropriations. 


Additional 
clerical  assist- 
ance. 


First  deputy 
controller  of 
county  ac- 
counts. 


Boundary  lines 
between  Melrose 
and  Btonehain, 
and  Lexinirton 
and  Waltham. 


Doorkeepers, 
etc.,  of  senate 
and  house. 


j^ifi  An  Act  in  addition  to  an  act   making  APPuoriiiATioxs   fok 

EXPENSES   AUTHORIZED    THE    PKESEXT    YEAR    AND    FOR    CERTAIN 
OTHER  EXPENSES   AUTHORIZED    15Y    LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  except  as  herein 
provided,  for  the  purposes  s})ecified  in  certain  acts  and 
resolves  of  the  present  year,  and  for  certain  other  expenses 
authorized  by  law,  to  wit :  — 

For  additional  clerical  assistance  in  the  office  of  the  reg- 
ister of  probate  and  insolvency  for  the  county  of  Essex, 
as  authorized  by  chapter  one  hundred  and  seventy-four  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  tifteen 
hundred  dollars. 

For  the  salary  of  the  first  deputy  controller  of  county 
accounts,  as  authorized  by  chapter  one  hundred  and 
seventy-five  of  the  acts  of  the  present  year,  the  sum  of 
two  hundred  and  twenty-five  dollars,  the  same  to  be  in 
addition  to  the  amounts  appropriated  for  the  salaries  of 
the  deputies  of  the  controller  of  county  accounts,  author- 
ized by  chapter  fifty  of  the  acts  of  the  present  year. 

For  expenses  in  connection  with  locating  and  defining 
the  boundary  lines  between  the  towns  of  IMelrose  and 
Stoneham,  and  the  town  of  Lexington  and  the  city  of 
AValtham,  as  authorized  by  chapters  one  hundred  and 
eighty-two  and  two  hundred  and  twenty-nine  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  five  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  determination  of  boundary  lines 
of  cities  and  towns  by  the  commissioners  on  the  topo- 
grai)hical  survey. 

For  the  compensation  of  the  doorkeepers,  assistant 
doorkeepers,  postmaster,  messenger  and  pages  of  the  sen- 
ate and  house  of  representatives,  as  authorized  by  chapter 


Acts,  1895.  — Chap.  416.  459 

one  hundred  and  ninety-three  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  thirty-seven  hundred  dolUirs, 
the  same  to  be  in  addition  to  any  amount  heretofore  ap- 
propriated for  the  same  purpose. 

For  the  payment  by  the  Commonwealth  of  tuition  of  ^ctlidren.'' 
children  attending  school  outside  the  town  in  which  they 
reside,  as  authorized  by  chapter  two  hundred  and  twelve 
of  the  acts  of  the  present  year,  a  sum  not  exceeding  five 
thousand  dollars. 

For  assistants,  experts,  chemists,  agents  and  other  neces-  Dairy  bureau. 
sary  expenses  of  the  state  dairy  bureau,  as  authorized  by 
chapter  two  hundred  and  fourteen  of  the  acts  of  the  pres- 
ent year,  a  sum  not  exceeding  three  thousand  dollars,  the 
same  to  be  in  addition  to  the  four  thousand  dollars  appro- 
priated by  chapter  fifteen  of  the  acts  of  the  present  year. 

For  authorized  expenses  of  the  committees  of  the  pres-  Legislative  cem- 
ent legislature,  to  include  clerical  assistance  to  committees  "^^ 
authorized  to  employ  the  same,  a  sum  not  exceeding  five 
thousand  dollars,  the  same  to  be  in  addition  to  any  amounts 
heretofore  appropriated  for  the  same  purpose. 

For  printing  and  binding  two  thousand  additional  copies  Blue  book. 
of  the  blue  book,  so-called,  in  addition  to  the  number  now 
required  to  be  printed,  as  authorized  by  chapter  two  hun- 
dred and  fifty  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  nine  hundred  and  seventy-five  dollars. 

For  expenses  in  connection  with  the  organization  of  the  New  state  nor- 
new  state  normal  schools,  provided  for  by  chapter  four  ™^  ^'^  °°  ** 
hundred  and  fifty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four,  as  authorized  by  chapter  two  hun- 
dred and  fifty-eight  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  six  thousand  dollars,  to  be  paid  out  of  the 
moiety  of  the  income  of  the  ISIassachusetts  school  fund 
applicable  to  educational  purposes,  and  the  excess,  if  any, 
from  the  treasury  of  the  Commonwealth,  the  same  to  be 
in  addition  to  the  amount  appropriated  for  the  support 
of  state  normal  schools  by  chapter  forty-one  of  the  acts 
of  the  present  year. 

For  the  salary  of  the  legacy  tax  clerk  in  the  office  of  ^,^f^7  '"^^ 
the  treasurer  and  receiver  general,  as  authorized  by  chap- 
ter two  hundred  and  seventy-six  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  thirteen  hundred  dollars. 

For  the  salary  of  the  sergeant-at-arms,  as  authorized  arm^g^''"*'**" 
by  chapter  two  hundred  and  eighty-four  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars, 


^60 


Acts,  1895.  — Chap.  416. 


Docks,  wharves, 
etc. 


the  same  to  be  in  addition  to  the  amount  appro]iriatod  by 
chapter  one  of  the  acts  of  the  })rcsent  year. 

For  expenses  in  connection  with  an  investigation  of  the 
wants  of  the  port  of  Boston  for  an  improved  system  of 
docks  and  whar^'es  and  terminal  facilities,  as  authorized 
by  chapter  two  hundred  and  ninety-one  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  twentv  thousand  dol- 
lars. 

For  i)rinting  extra  copies  of  the  report  of  the  board  of 
registration  in  medicine,  as  authorized  by  chapter  forty- 
six  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing one  hundred  dollars. 

For  expenses  in  connection  with  an  investigation  by  the 
state  board  of  education  into  the  subject  of  school  attend- 
ance and  truancy,  as  authorized  by  chapter  forty-seven 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
fifteen  hundred  dollars. 

For  the  codification  of  certain  statutes  which  the  board 
of  registration  in  pharmacy  is  required  to  enforce,  as  au- 
thorized by  chapter  forty-eight  of  the  resolves  of  the  pres- 
ent year,  a  sum  not  exceeding  two  hundred  dollars. 

For  Ivobert  J.  Ferris,  as  authorized  by  chai)ter  fifty  of 
the  resolves  of  the  present  year,  the  sum  of  seventy-five 
dollars. 

For  expenses  in  completing  the  collection  of  portraits 
of  former  governors,  as  authorized  by  chaj^ter  fifty-four 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dolhirs. 

For  certain  repairs  and  improvements  at  the  state  farm 
in  Bridgewater,  as  authorized  by  chapter  fifty-five  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  forty- 
four  thousand  dollars. 
at  Tewk^bur"."^  For  Certain  repairs  and  improvements  at  the  state  alms- 
house at  Tewksbury,  as  authorized  by  chapter  fifty-six  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding 
sixty-seven  thousand  three  hundred  dollars. 

For  certain  repairs  and  improvements  at  the  Taunton 
lunatic  hospital,  as  authorized  by  chapter  fifty-seven  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty  thousand  five  hundred  dolhu's. 

For  repairs  and  imi)r()vements  at  the  AVestborough 
insane  hos[)ital,  as  authorized  ])y  chapter  fifty-eight  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twelve 
thousand  two  hundred  and  fifty  dollars. 


Report  of 
board  of  regis- 
tration ia  medi 
cine. 


School  attend, 
ance  and 
truancy. 


Codification  of 
certain  statutea 


Robert  J.Ferris. 


Portraits  of 
former  govern 
ors. 


State  farm  at 
Bridgewater. 


Taunton  lunatic 
hospital. 


Westborough 
insane  hospital 


Acts,  1895.  — Chap.  416.  461 

For  buildino-  a  orymnasium  for  the  state  normal  school  ^'f'^  normal 
at  "\\'orcester,  as  authorized  by  chapter  hfty-nnie  ot  the  Worcester. 
resolves  of  the  present  year,  a  sum  not  exceeding  fifteen 
thousand  dollars. 

For  the  city  of  Fitchburg,   as  authorized  by  chapter  city  of  Fitch- 
sixty  of  the  resolves  of  the    present   year,  the   sum  of    "'^^" 
eight  hundred  dollars. 

For  printing  the  report  of  the  joint  board  on  the  im-  Report  on 
provement  of  Charles  river,  made  to  the  legislature  of  the  oTch°ar!erriver. 
year  eighteen  hundred  and  ninety-four,  as  authorized  by 
chapter  sixty-one  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  thirteen  hundred  and  fifty  dollars. 

For  printing  and  distributing  the  Massachusetts  military'  Military  and 
and  naval  history,  as  authorized  by  chapter  sixty-two  of  ""^'^  i^'story. 
the  resolves  of  the  present  year,  a  sum  not  exceeding  seven 
thousand  dollars. 

For  printino-  fifteen  hundred  extra  copies  of  the  sixth  Report  of  metro. 

1  c  ^  i.  _       _  politan  sewerage 

annual  report  of  the  metropolitan  sewerage  commissioners,  commiesioners. 
as  authorized  by  chapter  sixty-four  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  five  hundred  and  sixty 
dollars. 

For  painting  the  representation  of  the  codfish  and  sus-  Painting  repre- 
pending  the  same  in  the  chamber  of  the  house  of  represent-  codfi8h°'et°c, 
atives,  as  authorized  by  chapter  sixty-five  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  one  hundred 
dollars. 

For  Sophia  H.  Coleman,  as  authorized  by  chapter  sixty-  sopWaH. 
six  of  the  resolves  of  the  present  year,  the  sum  of  two  °^^^^- 
hundred  and  fifty  dollars. 

For  the   protection   of  the  town  of  Agawam  against  ^"coTne^ucut 
further  encroachment  of  the  Connecticut  river,  as  author-  nver  on  town 
ized  by  chapter  sixty-seven  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  three  thousand  dollars. 

For  enlarging  the  workshops  at  the  Massachusetts  hos-  Hospital  for 
pital  for  dipsomaniacs  and  inebriates,  as  authorized  by  and^i^brlates. 
chapter  sixty-nine  of  the  resolves  of  the  present  year,  a 
sum  not  exceeding  three  thousand  five  hundred  dollars. 

For  the  publication  of  the  report  of  the  committee  ap-  History  of  the 
pointed  to  prepare  the  history  of  the  codfish  suspended  in  of'l-epres^nta"^^ 
the  chaml)er  of  the  house  of  representatives,  as  authorized  "^'^*" 
by  chapter  seventy-one  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  one  thousand  dollars. 

For  certain  repairs  and  improvements  at  the  hospital  f^geffoichn. 
cottages  for  children  at  Baldwinville,   as  authorized  by  ^ren. 


462 


Acts,  1895.  —  Chaps.  417,  418. 


chapter  seventy-two  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  twelve  thousand  dollars. 

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

Approved  May  29,  1895. 


ChCll)AVl  -^^  ^"^^^  '^^  AUTHOHIZE  THE  CITY  OF  NEAVBURYPORT  TO  INCUR  IN- 
DEBTEDNESS BEYOND  TUE  LIMIT  FIXED  BY  LAW,  FOR  SCHOOL 
PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

i^debtSes,  Section  1.     The  city  of  Xewburyport,  for  the  purpose 

issue  bonds,  etc.  gf  purchasing  or  acquiring  lands  for  the  location  of  school- 
houses  and  for  the  purpose  of  erecting  and  furnishing 
schoolhouses,  may  incur  indebtedness  to  the  amount  of 
ten  thousantl  dollars,  by  the  issuing  of  bonds  or  certifi- 
cates of  indebtedness,  payable  in  five  j^ears  from  the  date 
of  their  issue,  and  bearing  interest  payable  semi-annually 
at  a  rate  not  exceeding  four  per  cent.  i)er  annum. 

Section  2.  The  indebtedness  incurred  under  this  act 
shall  not  be  considered  or  reckoned  in  determining  the 
authorized  limit  of  indebtedness  of  the  city  of  Xewbury- 
port under  the  provisions  of  section  four  of  chapter  twenty- 
nine  of  the  Public  Statutes  and  acts  in  amendment  thereof. 
Section  3.  Exce])t  as  herein  otherwise  provided  the 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes 
and  of  chapter  one  hundred  and  twenty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-four  shall  apply 
to  the  issue  of  such  bonds  or  certificates  of  indebtedness 
and  to  the  esta1)lishment  of  a  sinking  fund  for  the  pay- 
ment thereof  at  maturity.  Approved  May  29,  1895. 


Not  to  be 
considered  in 
determining 
debt  limit. 


P.  S.  29,  etc 
apply. 


ChcqyAlS 


Location  of 
certain  Bteam 
boilers  to  be 
reported. 


An  Act  relative  to  the  inspection  of  steam  boilers. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  It  shall  l)e  the  duty  of  every  corporation, 
finn  or  individual,  owning  or  using,  or  causing  to  be  used, 
within  this  Commonwealth,  a  steam  boiler  or  boilers  (ex- 
cepting boilers  upon  locomotives,  boilers  in  private  resi- 
dences, boilers  under  the  jurisdiction  of  the  United  States, 
boilers  that  are  under  the  periodically  guaranteed  inspec- 
tion of  companies  that  have  complied  with  all  the  laws  of 
this  Commonwealth,  boilers  used  exclusively  for  agricultu- 
ral, horticultural  and  creamery  purposes,  or  boilers  of  less 
than  three  horse  power),  within  sixty  days  after  the  pas- 
sage of  this  act,  and  annually  thereafter,  to  report  to  the 


Acts,  1895.  — Chap.  418.  463 

chief  of  the  district  })oIice  the  location  of  such  steam  boiler 
or  boilers. 

Section  2.  Each  of  the  boilers  designated  in  section  inspection  of 
one  shall  be  inspected  by  the  inspector  of  boilers  for  the  boUers.*^*^'^ 
district  in  which  said  boiler  or  boilers  is  located,  as  thor- 
oughly as  in  the  judgment  of  the  inspector  is  necessary, 
and  if  tlie  inspector  so  directs,  it  shall  be  the  duty  of  the 
owner  or  user  to  have  the  boiler  or  boilers  l)lown  off  dry, 
and  the  man-hole  and  the  hand-hole  covers  thereon  re- 
moved, ready  for  inspection  upon  the  day  designated  by 
the  inspector,  the  inspector  giving  the  owner  or  user  of 
said  boiler  or  boilers  fourteen  days'  notice  in  writing  of  the 
day  upon  which  he  will  make  such  internal  inspection, 
provided  that  such  inspection  shall  not  be  required  oftener 
than  twice  a  year. 

Section  3.     If  upon  examination  said  inspector  shall  pertiflcateof 

/>-i,in>  1  1  -I    •  '  inspection. 

nnd  the  boiler  inspected  to  be  worthy  and  in  sate  working 
order,  with  the  fittings  necessary  to  safety,  and  properly 
set  up,  he  shall  grant  to  the  owner  or  user  of  such  boiler 
or  boilers  a  certificate  of  inspection,  and  upon  receipt  of 
such  certificate  said  owner  or  user  shall  be  permitted  to 
use  the  boiler  or  boilers  mentioned  in  the  certificate.     And  Certificate  may 

•  n  '  '  1    '  •  1-  in/^11  111        be  withheld  in 

II  in  said  inspection  the  inspector  shall  find  that  the  boiler  certain  cases. 
is  not  in  safe  condition,  or  not  provided  with  fittings 
necessary  to  safety,  or  with  fittings  not  properly  arranged, 
he  shall  withhold  his  certificate  until  the  boiler  and  fittinas 
are  put  in  condition  satisfactory  to  him ;  and  it  shall  be 
unlawful  for  any  owner  or  user  to  then  operate  or  cause 
to  be  operated  such  steam  boiler  until  the  inspector  has 
granted  his  certificate,  and  the  owner  or  user  operating 
such  l)oiler  without  said  certificate  may  be  enjoined  from 
such  use,  in  a  proceeding  to  be  had  before  the  superior 
court  or  the  supreme  judicial  court,  at  the  instance  of  the 
inspector,  with  the  approval  of  the  chief  of  the  district 
police  ;  and  upon  the  tiling  of  a  petition  therefor  any  judge 
or  justice  of  the  court  in  which  said  pi'oceeding  is  pending 
may  issue  a  temporary  injunction  or  restraining  order,  as 
provided  in  proceedings  in  equity. 

Section  4.     If  upon  such  inspection  the  inspector  finds  inspector  may 
that  the  owner  or  user  of  any  steam  boiler  is  putting  too  Jress'iire^ne 
much  pressure  upon  the  same  the  inspector  shall  have  the  {'ain'boii'ersf'^' 
power  to  fix  the  maximum  pressure  to  be  allowed  to  be 
carried  l)y  said  boiler,  and  shall  adopt,  and  the  owner  or 
user  shall  place  or  cause  to  be  placed  upon  said  boiler, 


^64 


Acts,  1895.  — Chap.  419. 


Fee  for  inspec- 
tion. 


Enforcement 
of  act. 


Penally. 


Additional  dis- 
trict police  may 
be  appointed. 


such  device  as  the  inspector  shall  deem  expedient  to  pre- 
vent the  boiler  from  carrying  any  greater  than  the  maxi- 
mum pressure  designated,  said  device  to  be  approved  by 
the  chief  of  the  district  police  ;  and  no  person  shall  in  any 
manner  tam})er  with  such  device,  or  load  the  safety  valve 
to  a  greater  pressure  than  that  allowed  by  the  inspector, 
as  hereinbefore  provided. 

Section  5.  The  owner  or  user  of  a  boiler  or  boilers 
coming  under  the  provisions  of  this  act  shall  pay  to  the 
inspector  at  each  inspection  the  sum  of  two  dollars  for 
each  boiler  inspected.  All  sums  paid  as  aforesaid  shall 
be  paid  over  by  him  monthly  to  the  treasurer  of  the  Com- 
monwealth. 

Section  6.  The  chief  of  the  district  police  is  hereby 
authorized  to  adopt  such  rules  and  regulations,  to  be  ap- 
proved by  the  governor,  as  may  be  necessary  to  properly 
enforce  this  act. 

Section  7.  All  persons  violating  any  of  the  provi- 
sions of  this  act  shall  upon  conviction  be  punishetl  by  a 
fine  not  exceeding  five  hundred  dollars  or  by  imprison- 
ment not  exceeding  six  months,  or  both,  at  the  discretion 
of  the  court. 

Section  8.  The  governor  is  liereb}^  authorized  to 
appoint  three  additional  members  to  the  inspection  de- 
partment of  the  district  police  qualified  to  perform  the 
duties  required  by  this  act,  who  shall  each  receive  an 
annual  salary  of  fifteen  hundred  dollars  and  their  actual 
travelling  and  necessary  expenses. 

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

Approved  May  29,  1895. 


ChapAl^ 


Terms  defined. 


Evidence  of 
existence  and 
unlawful  char- 
acterof  lotteries. 


An  Act  relative  to  gaming. 
Be  it  enacted,  etc.,  asfolloivs: 

Section  1 .  In  all  statutes  the  .words  ' '  gaming  ",  ' '  ille- 
gal gaming",  or  "unlawful  gaming",  respectively,  shall 
be  held  to  comprehend  e\'ery  act  punishable  under  an}^ 
law  relating  to  lotteries,  policy  lotteries  or  policy,  the 
buying  and  selling  of  pools,  or  registering  of  bets,  as  well 
as  all  other  acts  comprehended  in  said  words  respectively. 

Section  2.  Any  court,  and  any  magistrate  having 
criminal  jurisdiction,  may  take  judicial  notice  of  the  gen- 
eral methods  and  character  of  lotteries,  policy  lotteries, 
or  the  game  called  policy,  pools  or  combination  bets,  and 


Acts,  1895.  — Chap.  419.  465 

the  buying  and  selling  of  pools,  and  registering  of  bets. 
In  the  trial  of  any  complaint  or  indictment  to  which  it 
may  be  relevant,  any  lottery,  policy  or  pool  ticket,  cer- 
titicate,  slip  or  check,  manifold  or  other  policy  or  pool 
book  or  sheet,  or  memorandum  of  any  pool  or  sale  of 
pools,  or  of  a  bet  or  odds,  or  comlnnation  bet,  or  any 
other  implement,  apparatus,  materials  or  articles  of  a 
character  commonly  employed  in  or  in  connection  with 
lotteries,  policy  lotteries  or  policy,  the  buying  or  selling 
of  pools  or  registering  of  bets,  or  other  form  of  gaming, 
shall  be  prima  facie  evidence  of  the  existence  and  unlaw-  ~ 
ful  character  of  a  lottery,  policy  lottery  or  game,  pool  or 
pools,  bet,  game  or  hazard,  or  other  form  of  gaming  in 
which  like  articles  are  commonly  used,  and  that  such 
article  has  relation  thereto. 

Section  3.     All  lottery,  policy  or  pool  tickets,  slips  Possession  of 
or  checks,  memoranda  of  any  combination  or  other  bet,  or  pool' tickets, 
manifold  or  other  policy   or  pool  books  or  sheets,  are  |J^;>  "'^^''^'^"'• 
hereby  declared  a  common  nuisance  and  the  possession 
thereof  unlawful ;  and  the  possession  of  any  such  article, 
or  of  any  other  implements,  apparatus  or  materials  of  any 
form  of  gaming,  shall  be  prima  facie  evidence  of  their 
use  by  the  person  having  them  in  possession,  in  the  form 
of  gaming    in  which   like  articles   are    commonly  used. 
Any  such  article  found  upon  the  person  of  one  who  is 
lawfully  arrested  for  violation  of  any  law  relating  to  lot- 
teries, policy  lotteries  or  policy,  the  buying  or  selling  of 
pools  or  registering  of  bets  or  other  form  of  gaming,  shall 
be  competent  evidence  upon  the  trial  of  any  complaint  or 
indictment  to  which  it  may  be  relevant.     If  a  person  so  concealment, 

,      T     •  1MT  1  1  j_j_ij?  etc.,  of  certain 

arrested  m  any  buildmg  or  structure  or  part  thereoi  con-  articles  by  por. 
ceals  or  attempts  to  conceal  such  articles  upon  his  person  ^°°^  anested. 
or  elsewhere,  the  possession  and  concealment  or  attempt 
at  concealment  thereof  shall  be  prima  facie  evidence  that 
the  place  in  which  the  same  occurs  is  kept,  maintained, 
used  or  occupied  for  the  form  of  gaming  in  which  like 
articles  are  commonl}'  used. 

Section  4.     In  any  prosecution  or  proceeding'  under  Evidence  of  ex- 

*'"  istCDCG  01  r&C6 

any  law  relating  to  lotteries,  policy  lotteries  or  policjs  game,  etc. 
buying  and  selling  pools  or  registering  bets,  any  words, 
figures  or  characters,  w^ritten,  printed  or  exposed  upon 
any  blackboard,  placard  or  otherwise,  in  any  place  alleged 
to  be  used  or  occupied  for  such  business,  purporting  or 
appearing  to  be  a  name  or  names  of  horses  or  jockeys,  or 


^6Q 


Acts,  1895.  — Chap.  419. 


Penalty  for 
delivery  orlrans. 
portation  of  cer- 
tain parcels,  etc, 


Proviso. 


Plea  of  miBDO- 
mer  not  to  be 
received,  etc. 


1892,  409,  §  1, 
amended. 


a  description  of  or  reference  to  a  trial  or  contest  of  skill, 
speed  or  endurance  of  man,  beast,  bird  or  machine,  or 
game,  competition,  political  nomination,  appointment  or 
election,  or  other  act  or  event,  or  any  odds,  bet,  combina- 
tion bet  or  other  stake  or  wager,  or  any  code,  cipher  or 
substitute  therefor,  shall  be  prima  facie  evidence  of  the 
existence  of  the  race,  game,  contest  or  other  act  or  event 
so  purporting  or  appearing  to  be  referred  to,  and  that 
such  place  is  kept  or  occupied  for  gaming ;  and  in  all 
cases  the  same  may  be  proved  by  a  copy  or  by  oral  de- 
scription thereof. 

Section  5.  Whoever  receives  any  letter,  package  or 
parcel  for  delivery  or  transportation  to  or  from  any  per- 
son, or  delivers  or  transports  the  same  to  or  from  any 
person,  having  reasonable  cause  to  believe  that  such  per- 
son is  engaged  or  in  any  way  concerned  in  the  manage- 
ment or  promotion  of  or  agency  for  a  lotter}*,  or  the  game 
known  as  policy  lottery  or  policy,  or  the  buying  or  selling 
of  pools  or  registering  of  bets,  or  other  form  of  gaming, 
and  that  such  letter,  package  or  parcel  has  relation  to  such 
l)usiness,  shall  be  punished  by  line  of  not  less  than  fifty 
nor  more  than  live  hundred  dollars :  j)^'Oi'ided,  however, 
that  this  section  shall  not  apply  to  the  receipt,  carriage  or 
delivery  of  United  States  mail  matter  by  an}'  officer  or 
employee  thereof. 

Section  6.  No  plea  of  misnomer  shall  he  received  to 
a  complaint  or  indictment  for  violation  of  any  law  relating 
to  lotteries,  policy  lotteries  or  policy,  the  selling  of  pools 
or  registering  of  bets,  or  any  form  of  gaming ;  but  the 
defendant  may  be  arraigned  and  tried,  and  if  convicted, 
sentenced  and  punished,  under  any  name  by  which  he  is 
complained  of  or  indicted.  No  such  complaint  or  indict- 
ment shall  be  abated,  quashed  or  held  insufficient  by  rea- 
son of  an}^  alleged  defect,  either  of  form  or  substance,  if 
the  same  is  sufficient  to  enable  the  defendant  to  under- 
stand the  charge  and  to  prei)are  his  defence.  No  variance 
between  such  complaint  or  indictment  and  the  evidence 
shall  be  deemed  material,  unless  in  some  matter  of  sub- 
stance essential  to  the  charge  under  the  rule  above-pre- 
scribed. 

vSection  7.  Section  one  of  chapter  four  hundred  and 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  is  hereby  amended  by  striking  out  in  the  eighth  line, 
after  the  word  "value",  the  words  "to  be  drawn",  by 


Acts,  1895.  — Chap.  419.  467 

inserting  in  the  ninth  line,  after  the  words  "  or  policy", 
the  words  :  —  whether  drawn  or  determined,  or  remaining 
to  be  drawn  or  determined,  or  who  receives  from  any  })er- 
son  any  money  or  other  thing  of  value  for  such  article  or 
chance,  —  by  striking  out  in  the  tenth  line,  after  the  word 
"  sells  ",  the  word  "  or",  by  inserting  in  the  fifteenth  line, 
after  the  words  ' '  or  policy  ",  the  words  :  —  whether  drawn 
or  to  be  drawn,  —  by  inserting  in  the  seventeenth  line, 
after  the  word  "by",  the  words: — imprisonment  not 
exceeding  one  year,  or  in  the  discretion  of  the  court  by, 
—  by  striking  out  in  the  seventeenth,  eighteenth  and 
nineteenth  lines,  the  words  "or  imprisonment  in  the 
house  of  correction  not  exceeding  one  year",  so  as  to  read 
as  follows  :  —  Section  1.  Whoever  keeps,  sets  up,  pro- Penalty  for 
motes,  or  is  concerned  as  owner,  agent,  clerk  or  in  any  poucy  fotteries, 
other  manner,  in  managing  any  policy  lottery  or  policy  ^*°- 
shop,  or  writes,  prints,  sells,  transfers  or  delivers,  any 
ticket,  certificate,  slip,  bill,  token  or  other  device,  pur- 
porting or  designed  to  guarantee  or  assure  to  any  person, 
or  to  entitle  any  person  to  a  chance  of  drawing  or  obtain- 
ing any  prize  or  thing  of  value  in  any  lottery  or  in  the 
game  or  device  commonly  known  as  policy  lottery  or 
policy,  whether  drawn  or  determined,  or  remaining  to  be 
drawn  or  determined,  or  who  receives  from  any  person 
any  money  or  other  thing  of  value  for  such  article  or 
chance ;  or  for  himself  or  another  person,  writes,  prints, 
sells,  transfers  or  delivers,  or  has  in  his  possession  for  the 
purpose  of  sale,  transfer  or  delivery,  or  in  any  way  aids 
in  selling,  exchanging,  negotiating,  transferring  or  deliv- 
ering a  chance  or  ticket  in  any  lottery,  or  in  the  game  or 
device  commonly  known  as  policy  lottery  or  policy, 
whether  drawn  or  to  be  drawn,  or  any  such  bill,  slip, 
certificate,  token  or  other  device,  shall  be  punished  hj 
imprisonment  not  exceeding  one  year,  or  in  the  discretion 
of  the  court  by  fine  not  exceeding  five  hundred  dollars. 

Sectiox  8.  Section  two  of  said  chapter  four  hundred  ameLded.^'^' 
and  nine  is  hereby  amended  by  inserting  in  the  first  line, 
after  the  word  "printing",  the  word: — writing,  —  by 
inserting  in  the  second  line,  after  the  word  "or",  the 
words  :  —  other  article  or,  —  by  striking  out  in  the  third 
line,  after  the  word  "  or",  the  word  "  an",  and  inserting 
in  place  thereof  the  words  :  —  any  chance  or,  —  by  strik- 
ing out  in  the  fourth  line,  after  the  word  "  in",  the  word 
"  a  ",  and  inserting  in  place  thereof  the  word  :  —  any,  — 


468  Acts,  1895.  — Chap.  419. 

by  in3cii:inir  in  said  fourth  line,  after  the  words  "policy 
lottery'',  the  words  :  — or  policy  gaDie,  pool  or  pools,  reg- 
istered or  other  bet  or  other,  —  by  inserting  in  said  fourth 
line,  after  the  word  "hazard",  the  words:  —  Avliether 
drawn  or  determined,  or  remaining  to  be  drawn  or  deter- 
mined, or  the  receiving  of  any  money  or  other  thing  of 
value  for  such  article  or  chance,  —  by  inserting  in  the 
sixth  line,  after  the  words  "policy  lottery",  the  words: 
—  or  policy  game,  and  of  the  act  or  event  upon  which 
such  pool  or  pools,  bet, — and  by  inserting  in  said  sixth 
line,  after  the  word  "  hazard",  the  words:  —  depends  or 
may  depend,  and  of  the  unlawful  character  of  such  lottery, 
policy  lottery,  ])ool,  bet,  game  or  hazard,  —  by  inserting 
in  the  seventh  line,  after  the  word  "  such",  the  word  :  — 
ticket, — by  striking  out  in  said  seventh  line,  after  the 
word  "paper",  the  word  "ticket",  by  inserting  in  the 
eighth  line,  after  the  word  "or",  the  words:  —  other 
article  or,  —  by  strildng  out  all  of  said  section  after  the 
word  "corporation",  in  the  tenth  line,  and  inserting  in 
place  thereof  the  words  :  — issuing  or  delivering  the  same, 
or  aiding  or  abetting  therein,  and  that  such  person  or  per- 
sons, company  or  corporation,  is  concerned  in  keeping, 
managing  or  promoting  such  lottery,  pool,  bet,  game  or 

«Sucket6°^  ^^^^1'^^' — ^o  ^^  *^  ^'^''^^  •'*  i'oWowii^:  —  Seel  ion  2.  The 
etc.,  to  be  prima  printing,  Writing,  advertising,  issuing  or  delivery  of  any 
etc.  '    ticket,  paper,  document  or  other  article  or  material  repre- 

senting or  pur})orting  to  represent  the  existence  of  or  any 
chance  or  interest  in  any  lottery,  policy  lottery  or  policy 
game,  pool  or  pools,  registered  or  other  bet  or  other  game 
or  hazard,  whether  drawn  or  determined,  or  remaining  to 
be  drawn  or  determined,  or  the  receiving  of  any  money 
or  other  thing  of  value  for  such  article  or  chance,  shall  be 
prima  facie  evidence  of  the  existence,  location  and  drawing 
of  such  lottery,  policy  lottery  or  policy  game  and  of  the 
act  or  event  upon  which  such  pool  or  pools,  bet,  game  or 
hazard,  depends  or  may  depend,  and  of  the  unlawful  char- 
acter of  such  lottery,  policy  lottery,  pool,  bet,  game  or 
hazard,  and  the  issuing  or  delivery  of  such  ticket,  paper, 
document  or  other  article  or  material  shall  bo  prima  facie 
evidence  of  value  received  therefor  l)y  the  person  or  per- 
sons, com})any  or  corporation  issuing  or  delivering  the 
same,  or  aiding  or  abetting  therein,  and  that  such  person 
or  persons,  com  pan}'  or  corporation,  is  concerned  in  keep- 
ing, managing  or  promoting  such  lottery,  pool,  bet,  game 
or  hazard. 


Acts,  1895.  — Chap.  419.  469 

Section  9.     If  a  i^erson  makes  oath  before  a  trial  iiistice,  commongaming 

-,,  T    J     •    J  ••!  j.j.ij.1  'j_  houses,  etc.,  to 

or  police,  district  or  municipal  court  that  he  suspects  or  be  entered  and 
has  probable  cause  to  suspect  that  a  house  or  other  build-  a^rested^^*^^""^ 
ing,  room  or  place  is  unlawfully  used  as  and  for  a  common 
gaming  house,  for  the  purpose  of  gaming  for  money  or 
other  property,  or  is  occupied,  used  or  kept  for  promot- 
ing a  lottery,  or  for  the  sale  of  lottery  tickets,  or  for  pro- 
moting the  game  known  as  policy  lottery  or  policy,  or  for 
the  buying  or  selling  of  pools  or  registering  of  bets  upon 
any  race,  game,  contest,  act  or  event,  and  that  persons 
resort  to  the  same  for  any  such  purpose,  such  trial  justice 
or  court,  whether  the  names  of  the  persons  last  mentioned 
are  known  to  the  complainant  or  not,  shall,  in  case  satis- 
factory evidence  is  presented,  issue  a  warrant  commanding 
the  sheriff  or  his  deputy  or  any  constable  or  police  officer 
to  enter  into  such  house,  building,  room  or  place,  and  to 
arrest  the  keepers  thereof,  and  all  persons  in  any  way  as- 
sisting in  keeping  the  same,  whether  as  janitor,  doorkeeper, 
watchman  or  otherwise,  and  all  persons  who  are  there  found 
participating  in  any  form  of  gaming,  and  all  persons  pres- 
ent, whether  so  participating  or  not,  if  any  lottery,  policy 
or  pool  tickets,  slips,  checks,  manifold  books  or  sheets, 
memoranda  of  any  bet,  or  other  implements,  apparatus 
or  materials  of  any  form  of  gaming  are  found  in  said  place, 
and  to  take  into  their  custody  all  the  implements,  apparatus 
or  materials  of  gaming  as  aforesaid,  and  all  the  personal 
property,  furniture  and  fixtures  there  found,  and  to  keep 
said  persons,  implements,  apparatus  or  materials,  prop- 
erty, furniture  and  fixtures  so  that  they  may  be  forth- 
coming before  some  court  or  magistrate,  to  be  dealt  with 
according  to  law.  Eveiy  such  keeper  or  person  assisting.  Penalty,  etc. 
and  every  person  found  so  playing  or  so  present,  shall  be 
punished  by  imprisonment  not  exceeding  three  months, 
or  in  the  discretion  of  the  court  by  fine  not  exceeding  fifty 
dollars ;  and  all  articles  and  property  seized  hereunder 
shall  be  disposed  of  as  provided  by  chapter  four  hundred 
and  ten  of  tlie  acts  of  the  year  eighteen  hundred  and  ninety- 
four  ;  but  nothing  in  this  section  shall  authorize  the  arrest 
or  conviction  of  any  person  or  persons  who  are  owners  or 
proprietors  of  an}^  race  track  or  trotting  course  for  the 
reason  that  some  person  other  than  themselves  has,  with- 
out their  knowledge  or  consent,  violated  any  provision  of 
this  section  in  relation  to  the  buying  or  selling  of  pools  or 
the  registering  or  making  of  bets  or  any  other  offence  men- 
tioned in  this  section  ;  nor  the  arrest  or  conviction  of  any 


470 


Acts,  1895.  — Chap.  419. 


person  or  persons  for  being  present  on  any  race  track  or 


Proviso. 


1887,  380,  §  1, 
amended. 


Abatement,  etc. 
of  common 
nuisances. 


P.  S.  99,  §  1, 
amended. 


trotting  course  wliere  pools  are  sold  or 


Persons  may 
sue  for  and 
recover  money, 
etc.,  lost  by 
gaming,  etc. 


bets  registered 


or  made  on  trials  of  speed  or  endurance  between  horses  or 
other  uiiinials  :  provided,  that  all  persons  in  any  way  par- 
tici[)ating  or  assisting  in  the  buying  or  selling  of  pools,  or 
registering  of  bets,  ui)on  any  race  track  or  trotting  course, 
shall  be  liable  to  the  penalties  of  this  section. 

Section  10.  Section  one  of  chapter  three  hundred  and 
eighty  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven  is  hereby  amended  by  in.^crting  in  the  fouith  line, 
after  the  words  "  petition  of",  the  words  :  — the  board  of 
police,  or  police  commissioners,  or  other  authority  having 
control  of  the  police,  or  of,  —  so  as  to  read  as  follows  :  — 
Section  1.  The  supreme  judicial  court  and  superior  court 
shall  have  jurisdiction  in  e(juity  upon  information  tiled  by 
the  district  attorney  for  the  district  or  upon  the  petition 
of  the  board  of  police,  or  police  commissioners,  or  other 
authority  having  control  of  the  police,  or  of  not  less  than 
ten  legal  voters  of  any  town  or  city  setting  forth  the  fact 
that  any  building,  place  or  tenement  therein  is  resorted  to 
for  prostitution,  lewdness  or  illegal  gaming,  or  is  used  for 
the  illegal  keeping  or  sale  of  intoxicating  liquors,  to  re- 
strain, enjoin  or  abate  the  same  as  a  common  nuisance, 
and  an  injunction  for  such  purpose  may  be  issued  by  any 
justice  of  either  of  said  courts. 

Section  11.  Section  one  of  chapter  ninety-nine  of  the 
Pul)lic  Statutes  is  hereby  amended  by  inserting  in  the 
fourth  line,  after  the  word  "winner",  the  words:  —  or 
who  pays  or  delivers  any  money  or  other  thing  of  value  to 
any  other  person  for  or  in  consideration  of  any  lottery, 
policy  or  pool  ticket,  certificate,  check  or  slip,  or  for  or 
in  consideration  of  any  chance  of  drawing  or  obtaining  any 
money,  prize  or  other  thing  of  Aalue  in  any  lottery  or 
])()licy  game,  pool  or  comlnnation,  or  other  bet, — by 
striking  out  in  the  sixth  line,  after  the  word  "if",  the 
words  "the  loser",  and  inserting  in  place  thereof  the 
xvord  : — he, — and  by  inserting  in  said  sixth  line,  after 
the  word  "loss",  the  words:  —  payment  or  delivery, — 
;-iO  as  to  read  as  foUows  :  —  Section  I.  Whoever  by  ])lay- 
iug  at  cards,  dice,  or  other  game,  or  by  betting  on  the 
sides  or  hands  of  such  as  are  gaming,  loses  to  any  person 
so  playing  or  betting  any  sum  of  money  or  any  goods 
whatever,  and  pays  or  delivers  the  same  or  any  part 
thereof  to  the  av inner,  or  who  pays  or  delivers  any  money 


Acts,  1895.  — Chap.  419.  471 

'  or  other  thing  of  value  to  any  other  person  for  or  in  con- 
sideration of  "any  lottery,  policy  or  pool  ticket,  certiticate, 
check  or  slip,  or  for  or  in  consideration  of  any  chance  of 
drawing  or  o])taining  any  money,  prize  or  other  thing  of 
value  in  any  lottery  or  policy  game,  pool  or  combination, 
or  other  bet,  may  sue  for  and  recover  such  money  and 
goods  in  an  action  of  contract ;  and  if  he  does  not  within 
three  months  after  such  loss,  payment  or  delivery,  with- 
out covin  or  collusion,  prosecute  with  effect  for  such  money 
or  goods,  any  other  person  may  sue  for  and  recover  treble 
the  value  thereof  in  an  action  of  tort. 

Sectiox  12.     Section  two  of  chapter  ninety-nine  of  the  p.  8.99,  §2, 
Public  Statutes  is  hereby  amended  by  striking  out  in  the  '"°''° 
second  line,  after  the  word  "lost",  the  words  "by  gam- 
ing", and  inserting  in  place  thereof  the  words  :  —  paid  or 
delivered  in  any  form  of  gaming  referred  to  in  the  pre- 
ceding section, — and  by  inserting  in  the  fifth  line,  after 
the  word  "  winner",  the  words  :  —  or  receiver,  —  so  as  to 
read  as  follows  :  —  Section  2.     The  owner,  tenant,  or  occu-  owners,  etc.,  of 
pant  of  a  house  or  building  in  which  money  or  goods  are  fiabieformoney, 
lost,  paid  or  delivered  in  any  form  of  gaming  referred  to  ceriain^cases. 
in  the  preceding  section,  or  by  betting  on  the  sides  or 
hands  of  such  as  are  gaming,  with  the  knowledge  or  con- 
sent of  said  owner,  occupant,  or  tenant,  shall  be  liable  to 
an  action  in  the  same  manner  and  to  the  same  extent  as 
the  winner  or  receiver  thereof  is  liable  by  the  provisions 
of  the  preceding  section. 

Section  13.  Every  offence  defined  in  sections  one,  two,  Penalty  for  cer- 
three,  fi^'e,  nine  and  ten  of  chapter  two  hundred  and  nine 
of  the  Public  Statutes  or  amendments  thereof,  relating  to 
lotteries,  and  in  section  eight  of  chapter  ninety-nine  of  the 
Public  Statutes  as  amended  by  section  one  of  chapter  three 
hundred  and  forty-two  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five,  relating  to  the  buying  and  selling 
of  pools  and  registering  of  bets,  shall  be  punished  by  im- 
prisonment not  exceeding  one  year,  or  in  the  discretion  of 
the  court  by  fine  not  exceeding  two  thousand  dollars. 

Section  14.     Section  ten  of  chapter  ninety-nine  of  the  Repeal. 
Public  Statutes  and  section  two  of  chapter  four  hundred 
and  forty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  are  hereby  repealed. 

Section  15.     This  act  shall  not  affect  or  apply  to  anv  Not  to  affect 

T  J-  "^   proceedings 

act  done  or  prosecution  or  other  proceedmg  penclmg  at  pending,  etc. 
the  time  when  it  takes  efiect.       Approved  May  29,  1895. 


472  Acts,  1895.  — Chaps.  420,  421,  422. 

ChciT>.-^2.0  -^^    "^CT    RELATIVE    TO    THE    SALE    OV    ELECTRICITY    FOR    HEATING 

AND   COOKING. 

Be  it  enacted,  etc.,  as  folloios: 

tion8?etc°^'imy'      Sectiox  1.     Ill   any  city  or  town  where  a  person  or 
sell  e'lectricity     coriioration,  not  a  railway  company,  is  lawfully  enofasfed 

for  heating  and     .        |,        ,         .'  ^,  <...  ^,     "'.    .,        ,.         ,'.     ,  ^.^    '^ 

cooking.  in  tlie  business  oi  transmitting  electricity  tor  lighting  or 

power,  through  wires  legally  located  on  poles  oyer,  or 
in  conduits  under,  the  streets  and  highways  of  this  Com- 
monwealth, said  person  or  corporation  may  sell  such 
electricity  for  operating  heating,  cooking  and  kindred 
apparatus,  and  motors,  upon  such  terms  as  may  be  agreed 
upon.  But  this  act  shall  not  be  construed  as  conferring 
upon  any  person  or  corporation  the  exclusive  right  to  sell 
or  distribute  electricity  in  any  city  or  town  for  operating 
heating,  cooking  and  kindred  apparatus,  or  motors. 

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

Approved  May  29,  1S95. 


(7/l«».421   '"^^    -^^^   RELATIVE   TO   THE   POWERS   AXI)  DUTIES  OF   THE    DIRECTOR 

OF   THE  HATCH   EXPERIMENT   STATION. 

Be  it  enacted,  etc.,  as  folloios : 
Director  of  Sectiox    1.      The   dircctor  of  the   Hatch   experiment 

Hatch  cxpcri-  /•     i        -a  i         i  i 

nient  station,  statiou  of  the  Massachusctts  agricultural  college  shall  here- 
dudls?""  after  have  and  exercise  the  powers  and  duties  granted  to 
and  imposed  upon  the  din-ctor  of  the  ^Massachusetts  agri- 
cultural experiment  station  by  chapter  two  hundred  and 
ninety-six  of  the  acts  of  the  jear  eighteen  hundred  and 
eighty-eight. 

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

Approved  May  29,  1895. 


CllCir>.\'2i2i  ^'^  ^'^'^   RELATIVE  TO   THE   BOARD    OF    OVERSEERS   OF   THE    POOR  OF 

THE   CITY   OF  SALEM. 

Be  it  enacted,  etc.,  as  follows: 

pJoTcUy  of  ""^  Section  1.  The  board  of  overseers  of  the  i^oor  of  the 
sa^era,  powers  Q\\^y  of  galem  shall  consist  of  live  persons,  together  with 
the  mayor  ^\■ho  shall  l)e  ex  officio  a  member  of  and  chair- 
man of  said  board ;  and  said  board  shall  have  all  the 
powers  and  be  subject  to  all  the  duties  and  liabilities  pro- 
vided by  law. 


Acts,  1895.  — Chap.  423.  473 

Section  2.  In  the  month  of  September  in  the  year  Election,  terms, 
eighteen  hundred  and  ninety-live  the  city  council  of  said 
city  shall  elect  by  concurrent  vote  of  both  branches 
thereof  three  members  of  said  board,  one  to  serve  until 
the  first  Monday  of  February  in  the  year  eighteen  hun- 
dred and  ninety-six,  one  to  serve  until  the  first  Monday 
of  February  in  the  year  eighteen  hundred  and  ninety- 
seven  and  one  to  serve  until  the  first  Monday  of  February 
in  the  year  eighteen  hundred  and  ninety-eight,  and  until 
their  successors  are  elected  and  qualified,  and  one  member 
of  each  branch  of  said  city  council  to  serve  as  a  member 
of  said  board  for  the  remainder  of  the  term  for  which  he 
was  elected  to  said  city  council  and  until  his  successor  in 
said  office  of  overseer  is  elected  and  qualified ;  and  there- 
after said  city  council  shall  annually,  in  the  month  of 
January,  by  concurrent  vote,  elect  one  member  of  said 
board  for  the  term  of  three  years  from  the  first  Monday 
of  February  in  the  year  in  which  he  is  chosen  ;  said  mem- 
bers so  elected,  with  the  mayor  and  one  member  of  the 
board  of  aldermen  and  one  member  of  the  common  council 
elected  in  January  in  each  year  by  concurrent  vote  of  both 
branches  of  the  city  council  to  serve  until  the  expiration 
of  the  term  for  which  he  was  elected  to  said  city  council 
and  until  his  successor  in  said  office  of  overseer  is  elected 
and  qualified,  shall  constitute  the  l^oard  of  overseers  of  the 
poor  of  the  city  of  Salem. 

Sectiqx  3.     Chapter  one  hundred  and  eighty-one  of  Repeal. 
the  acts  of  the  year  eighteen    hundred  and  fifty-nine  is 
hereby  repealed. 

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

Approved,  May  29,  1895. 


ChapA23 


An  Act  to  authorize  the  newton  and  boston  street  rail- 
way COMPANT  to  lease  OR  PURCHASE  THE  NEWTONVILLE  AND 
WATERTOWN   STREET  RAILWAY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Newton  and  Boston  Street  Railway  May  purchase 
Company  is  hereby  authorized  to  lease  or  purchase  the  of'ce'r'tainsmiet 
railway,  franchise,  property,  rights  and  easements  of  the  panyf^°°™' 
Xewtonville  and  AVatertown    Street    Eailway  Company; 
and  the  Xewtonville  and  Watertown  Street  Railway  Com- 
pany is  hereby  authorized  to  lease  or  sell  and  convey  the 
same  to  the  Newton  and  Boston  Street  Railway  Company, 


474  Acts,  1895.  — CiiAi's.  424,  425. 

which  latter  company  shall,  upon  such  lease  or  conveyance, 
and  in  accordance  with  the  terms  thereof,  have  and  enjoy 
the  powers  and  privileges,  and  be  subject  to  the  duties, 
liabilities  and  restrictioiis  of  the  said  Ne\\i:onville  and 
Proviso.  Watertown  Street  Railway  Company:  jyrov'uled,  hoivever, 

that  no  such  lease  or  purchase  and  sale  shall  be  valid  or 
binding'  until  the  terms  thereof  have  been  agreed  to  by  a 
majority  of  the  directors  of  each  of  said  companies,  and 
by  a  majority  in  interest  of  their  respective  stockholders 
at  meetings  duly  called  for  the  purpose,  and  approved  in 
the  manner  provided  In'  law. 

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

Approved  May  29,  1895. 

(JJiap.42.4:  ^^  ^^^  PUO^aDIXft  FOR  tllE  PAYMENT  OF  THE  SALARIES  OF 
ASSISTANT  DISTIUCT  ATTORNEYS  ER03I  THE  TKEASUKY  OF  THE 
COJIMONWEALTII. 

Be  it  enacted,  etc.,  as  folloivs : 

ar6r8'taut°di6trict      Section  1.     The  salaries  of  assistant  district  attorneys 
attorneys.  sliall  be  paid  from  the  treasury  of  the  Commonwealth. 

Repeal.  Sectiox  2.     All   acts  and    parts  of  acts    inconsistent 

herewith  are  hereby  repealed. 

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

Approved  May  29,  1895. 

Ch(l7).4:^5  ^^    "^^^   ^^   PREVENT   FRAUDULENT  I:MPERS0NATI0N    OF     A'OTERS   IN 

THE   CITY   OF   150STON. 

Be  it  enacted,  etc.,  as  folloivs: 
prcparauonof        SECTION  1.     The  rcffistrars  of  voters  for  the  city  of 

votiug  lists  in  in/.  1  1.1  1  • 

city  of  Boston,  Bostou  shall,  iroiii  the  names  entered  in  the  annual  register 
of  voters,  prepare  voting  lists  for  the  special  use  of  the 
election  officers  at  the  several  elections  to  be  held  therein. 
They  shall  prepare  the  same  by  precincts,  and  they  shall 
place  op})osite  the  name  of  each  male  voter,  arranged 
ali^halictically,  his  residence  on  the  preceding  first  day  of 
]\Iay,  together  with  his  age  and  date  of  registration.  There 
shall  be  a  blank  space  o])posite  each  name  on  said  list  and 
ever}'  person  upon  applying  to  v^ote  shall  be  required  to 
write  his  name  in  said  blank  space,  upon  request  of  any 
election  officer.  A  voter  who,  when  so  requested,  refuses 
to  write  his  name  as  aforesaid  shall,  before  voting,  be 
required  to  obtain  from  the  registrars  of  voters  a  certificate 


etc. 


Acts,  1895.  —  Chap.  426.  475 

of  his  ri<rht  to  vote  :  j)^'ovided,  Jioivever,  that  the  provisions  Proviso. 
of  this  act  shall  not  be  construed  to  apply  to  any  person 
exemi^t  under  the  constitution  or  amendments  thereof. 
Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Ax)proved  May  29,  1895. 


C7iapA2Ci 


Ax  Act  relative  to  crossings  of  railroads  and  street  rail- 
ways AT  GRADE. 

Be  it  enacted,  etc.,  as  JoUoivs : 

SectiOjST  1 .     No  street  railway  shall  hereafter  be  con-  Not  to  be  con. 
structed  across  the  tracks  of  any  railroad  at  the  same  level  ^Jacka'^at  g"a°de 
therewith  without   the    consent  of  the   railroad   commis-  without  consent. 
sioners,  or  of  a  board  of  special  commissioners  appointed 
as  hereinafter  provided,  nor  shall  any  railroad  hereafter  be 
constructed  across  the  tracks  of  any  street  railway  without 
such  consent. 

Sectiox  2,     The  corporation  desiring  to  construct  a  Ristt  to  cross 
street  railway  across  the  tracks  of  a  railroad  or  a  railroad  by'l^li'iroad^or 
across  the  tracks  of  a  street  railway  at  the  same  level  shall  Sione?^" 
have  the  right  to  elect  whether  the  right  so  to  cross  shall 
be  decided  by  the  railroad  commissioners  or  by  a  board  of 
special  commissioners,  and  upon  such  election  its  right  to 
aijplv  to  the  other  board  shall  cease.     If  it  elects  a  board  special  com. 

■  ^.  .    I  .       .  .  ,       ,  .    .  ,        misBiouere,  ap- 

01  special  commLssioners  it  may  apply  by  petition  to  the  poimmeut,  etc 
superior  court  for  the  county  in  which  the  proposed  cross- 
ing is  situated,  or  some  justice  thereof,  in  term  time  or 
vacation,  and  thereupon  such  court  or  justice,  after  notice 
to  all  parties  in  interest  and  a  hearing,  shall  appoint  a 
commission  of  three  disinterested  persons  who,  after  hear- 
ing the  parties,  shall  determine  whether  the  public  con- 
venience and  safety  reasonably  require  a  crossing  on  the 
same  level  at  the  place  prayed  for,  and  if  so,  how  the  same 
shall  be  constructed,  and  shall  make  return  thereof  to  the 
court  within  thirty  days  after  the  close  of  the  hearing ; 
and  such  return,  when  accepted  by  the  court,  shall  be  final 
between  the  parties.  Compensation  shall  be  allowed  and  compensation., 
paid  to  said  special  commissioners  in  like  manner  as  in  the 
case  of  auditors  or  referees  who  are  appointed  by  the  su- 
preme judicial  court. 

Sectiox  3.     This  act  shall  not  affect  any  case  where  certain  cross. 
permission  has  been  granted  prior  to  the  passage  of  this  i^g^^o'aff"'^^- 
act  for  a  street  railway  to  cross  a  railroad  :  provided,  said  Proviso. 
street  railway  shall  be   actually  constructed  across   said 


476  Acts,  1895.  —  Chaps.  427,  428. 

railroad  within  twelve  months  after  the  passaire  of  this 
Proviso.  act ;   and  provided,  further,  that  the    foregoing   proviso 

shall  not  att'ect  any  case  in  which  the  street  railway  is  in 
process  of  actual  construction  at  the  time  of  the  passage 
of  this  act. 

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

Approved  May  20,  1895. 


An  Act  relative  to  marriage  axd  the   legitimacy  of 
ciiildkkv. 

Be  it  enacted,  etc.,  as  follows: 


Hagel'toT^'  Where  a  marriage  contract  has  been  entered  into  with 


ChapA21 

Certain  mar- 
riages to  be 

deemed  legal,  (j^e  legal  ccrcmony  and  the  parties  thereafter  live  together 
as  husband  and  wife  ;  and  where  at  the  time  of  such  mar- 
riage ceremony  a  former  husband  or  wife  of  one  of  the 
parties  was  living,  and  the  former  marriage  with  such 
person  was  still  in  force ;  and  where  such  subsequent 
marriage  contract  was  entered  into  by  at  least  one  of  the 
parties  in  good  faith,  in  the  full  belief  that  the  former 
husband  or  wife  was  dead,  or  that  such  former  marriage 
had  been  annulled  by  divorce ;  or  without  knowledge  on 
the  part  of  one  of  them  of  such  former  marriage  ;  and 
where  the  impediment  to  such  subsequent  marriage  exist- 
ing by  reason  of  the  former  marriage  is  removed  by  the 
death  of  the  other  party  to  the  former  marriage,  or  by  a 
proper  decree  of  divorce,  and  the  pai"ties  to  such  subse- 
quent marriage  then  continue  living  together  as  husl^and 
and  wife  in  good  faith,  on  the  part  of  at  least  one  of  them, 
they  shall  be  taken  and  deemed  to  have  been  legally  mar- 
ried from  and  after  the  removal  of  such  impediment,  and 
the  issue  of  such  subsccjucnt  marriage  shall  be  deemed  to 
be  the  legitimate  issue  of  both  parents. 

Approved  May  29. 1S95. 

ChcCp.4:2i8        ^^   ■^'^''^   RELATIVE   TO    CIIILDREX  IX   THE   CARE   OF   THE   STATE. 

Be  it  enacted,  etc.,  as  follows: 

Bchoouw-'^         Section  1.     The  state  primary  school  at  jNIonson  shall 
ished.  on  the  first  ]\Ionday  in  July  in  the  year  eighteen  hundred 

and  ninety-five  cease  to  exist. 
Trustees  of  the       Sectiox  2.     The  trustccs  of  the  state  primarv  and  re- 

Lyman  and  i  «  , 

induBiriai         form  scliools  shall  hereafter  ])e  known  as  the  Trustees  of 

iiBhed.  the  Lyman  and  Industrial  Schools,  and  shall  retain  all 

their  present  trusts,  rights,  powers  and  duties,  except  so 


Acts,  1895.  — Chap.  429.  477 

far  as  the  same  may  be  affected  by  the  state  primary  school 
ceasino-  to  exist. 

Section  3.  The  trustees  of  the  Lyman  and  industrial  l°^J^^^^ 
schools  shall  have  the  power  to  release  on  probation,  and, 
with  or  without  indenture,  to  place  any  of  the  children  in 
their  custody  in  their  usual  homes,  or  in  any  situation  or 
family  which  has  been  investigated  and  approved  in  a 
manner  satisfiictory  to  said  trustees  and  in  accordance 
with  existing  laws ;  and  said  trustees  may  employ  agents 
for  investigating  places  and  for  visiting  children,  and 
immediatel}^  on  placing  such  children  shall  furnish  the 
state  board  of  lunacy  and  charity  with  the  name  of  each 
child  so  placed,  and  the  name  and  residence  of  the  person 
to  whose  care  such  child  is  intrusted. 

Section  4.  The  custody  of  all  children  committed  to  fj^*°^j[^°g^^''" 
the  Lyman  school  for  boys,  or  to  the  state  industrial  school  etc. 
for  girls,  shall  be  and  remain  with  said  trustees  ;  and  said 
trustees  may  at  any  time,  until  the  expiration  of  the  com- 
mitment, resume  the  personal  care  and  possession  of  chil- 
dren released  on  probation  or  previously  transferred  to  the 
state  primary  school,  and  may  recall  them  to  the  school 
to  which  they  were  originally  committed ;  and  all  children 
committed  to  either  the  Lyman  or  the  state  industrial 
schools  shall  be  committed  until  they  attain  respectively 
the  age  of  twenty-one  years. 

Section  5.     This  act  shall  take  effect  on  the  first  Mon-  when  to  take 
day  in  July  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  May  29^  1893. 

Ax  Act  relative  to   phtsicians'   certificates  for  the  com-  QJici'r).4:2^ 

MITMENT   OF  INSANE   PERSONS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  No  person  shall  be  committed  to  a  lunatic  commitment 
hospital,  asylum  or  other  receptacle  for  the  insane,  unless,  sons. 
in  addition  to  the  oral  testimony  given,  there  has  been 
filed  with  the  judge  hearing  the  complaint  or  other  pro- 
ceedings for  the  commitment  of  the  person  alleged  to  be 
insane,  the  certificate  of  two  physicians  certifying  to  such 
person's  insanity,  made  in  accordance  with  the  provisions 
of  section  one  of  chapter  two  hundred  and  eighty-six  of  the 
acts  of  the  present  year. 

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

Apjjrooed  May  29,  1893. 


478 


Acts,  1895.  — Chap.  430. 


ChcinASO  ^^    ■^'■^'^      RELATIVE     TO     TAXE 

SUCCESSIONS 


XES     ON     COLLATEUAL    LEGACIES     AND 


1S91,  425,  §  4, 
amended. 


Payment  of 
taxes  on  col- 
lateral legacies 
and  succes- 
sions. 


Proviso. 


1891.  425,  §  9, 
amended. 


Inventory  to  be 
filed  within 
tbree  months. 


Penalty. 


Be  it  enacted,  etc.,  as  follows: 

Section"  1.  Section  four  of  chapter  four  hundred  and 
twenty-five  of  the  acts  of  the  year  eiahteeu  hundred  and 
ninety-one  is  herel^y  amended  by  striking  out  all  of  said 
section  after  the  word  "  Commonwealth",  in  the  eighteenth 
line,  — so  as  to  read  as  follows  :  —  /Section  4.  All  taxes 
imposed  by  this  act  shall  be  payable  to  the  treasurer  of 
the  Commonwealth  by  the  executors,  administrators  or 
trustees,  at  the  expiration  of  two  years  from  the  date  of 
their  giving  bond :  provided,  that  whenever  legacies  or 
distributive  shares  are  paid  w^ithin  the  two  years,  the 
taxes  thereon  shall  be  payable  at  the  time  the  same  are 
paid.  In  cases  however  where  the  probate  court  has 
ordered  the  executor  or  administrator  to  retain  funds  to 
satisfy  a  claim  of  a  creditor,  whose  right  of  action  for 
which  does  not  accrue  within  the  two  years,  the  pa^m^.ent 
of  the  tax  may  be  suspended  by  an  order  of  the  court  to 
await  the  disposition  of  such  claim.  If  the  taxes  are  not 
paid  when  due,  interest  at  the  rate  of  six  per  centum  per 
annum  shall  be  charged  and  collected  from  the  time  the 
same  became  due ;  and  the  taxes  and  interest  that  may 
accrue  on  the  same  shall  be  and  remain  a  lien  on  the  prop- 
erty subject  to  the  taxes  till  the  same  are  paid  to  the 
Commonwealth. 

Section  2.  Section  nine  of  said  chapter  four  hundred 
and  twenty-five  is  hereby  amended  by  striking  out  in  the 
ninth  line,  the  word  "shall",  and  inserting  in  place 
thereof  the  words :  —  may,  when  in  his  judgment  the 
interests  of  the  Commonwealth  re(iuire, — and  by  adding 
at  the  end  thereof  the  following  words  :  — and  it  shall  be 
the  duty  of  the  several  registers  of  prol)ate  to  notify  the 
treasurer  of  the  Commonwealth,  within  thirty  da3's  of  the 
expiration  of  the  said  three  months,  of  any  such  neglect 
or  refusal  which  may  occur  in  their  respective  counties,  — 
so  as  to  read  as  follows  :  —  Section  9.  An  inventory  of 
every  estate,  any  part  of  which  may  be  subject  to  a  tax 
under  the  provisions  of  this  act,  shall  be  filed  by  the  execu- 
tor, administrator  or  trustee,  within  three  months  from  his 
appointment  and  qualification.  In  case  such  executor, 
administrator  or  trustee  neglects  or  refuses  to  file  such 
inventory  as  above-required,  he  shall  be  liable  to  a  pen- 


Acts,  1895.  — Chaps.  431,  132.  479 

alty  of  not  more  than  one  thousand  dollars,  and  the  treas- 
urer of  the  Commonwealth  may,  when  in  his  judgment  the 
interests  of  the  Commonwealth  require,  commence  in  his 
own  name  appropriate  proceeding  against  such  executor, 
administrator  or  trustee  for  the  recovery  of  such  penalty ; 
and  it  shall  be  the  duty  of  the  several  registers  of  probate 
to  notify  the  treasurer  of  the  Commonwealth,  within  thirty 
days  of  the  expiration  of  the  said  three  months,  of  any  such 
neglect  or  refusal  which  may  occur  in  their  respective 
counties. 

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

Approved  3Iay  29,  1895. 


Ax  Act  to  provide  additionai/  clerical  assistance  for  the  QJiart^^X 

COinUSSIONERS   OF  PRISONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  commissioners  of  prisons  may  expend  <^^^^'<=»i*«^i^*- 
for  clerical  assistance  a  sum  not  exceeding  three  hundred 
dollars  a  year  in  addition  to  the  amount  which  they  are 
now  authorized  by  law  to  expend  for  that  purpose. 

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

Approved  May  29,  1895. 


C7iapA32 


An  Act  relative  to  the  limitation  of  actions  by  anb  against 
assignees  in  insolvency. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     No  assia:nee  of  an  insolvent  estate  shall  Limitation  of 

,  ~  ...  certain  proceed- 

commence  or  be  made  a  party  to  any  action,  suit  or  other  ingsiainsoi- 
proceeding,  either  at  law  or  in  equity,  touching  any  prop-  ^®°'^^' 
erty  or  right  to  property,  legal  or  equitable,  unless  the 
same  is  brought  within  six  years  from  the  time  when  the 
same  might  have  been  brought ;  but  no  such  action,  suit 
or  other  proceeding,  unless  barred  by  provisions  of  law 
other  than  this  statute,  shall  be  barred  before  the  expira- 
tion of  one  year  from  the  passage  of  this  act. 

Section  2.     Section  eleven  of  chapter  one  hundred  and  ^' fppfj;  ^  ^^' 
ninety-seven  of  the  Pu]:)lic   Statutes    shall   apply  to   all 
actions,  suits  or  other  proceedings  mentioned  in  section 
one. 

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

Approved  May  29,  1895. 


480 


Acts,  1895.  — Chaps.  433,  434. 


C%«79.483   '^^^'   -^^"^  '^^   AUTnORIZE   THE   TOAVN   OF  HYDE    PARK    TO    INCUR    IN- 
DEBTEDNESS  FOU  PARK  PURPOSES. 

Be  it  enacted,  etc.,  as  jbUoirs  : 

dlbtJdneJs!"'  Section-  1.  The  town  of  Hyde  Park,  for  the  purpose 
issue  bonds,  etc.  of  purcliasiiig  land  in  the  vicinity  of  hisfh  rock  for  park 
purposes  and  for  improvements  thereon,  may  borrow 
twenty-one  thousand  dollars,  and  may  issue  bonds  there- 
for payable  in  thirty  equal  animal  instalments,  the  first 
instalment  to  become  due  on  the  first  da}^  of  May  in  the 
year  eighteen  hundred  and  ninety-six.  The  bonds  shall 
be  dated  the  first  day  of  ^lay  in  the  year  eighteen  hun- 
dred and  ninety-five,  shall  bear  interest  at  the  rate  of  four 
per  cent,  per  annum,  pa^'able  semi-annually  on  the  first 
days  of  November  and  May  of  each  }ear,  and  shall  be  in 
denominations  of  five  hundred  dollars  and  one  hundred 
dollars  each,  but  the  provisions  of  chapter  twenty-nine  of 
the  Public  Statutes  and  acts  in  amendment  thereof  shall 
otherwise  apply  to  such  indebtedness. 

Section  2.  The  vote  of  the  town  of  Hyde  Park,  passed 
on  the  twenty-eighth  da}^  of  jNIarch  in  the  year  eighteen 
hundred  and  ninety-five,  authorizing  the  treasurer  of  said 
town  to  borrow  twenty-one  thousand  dollars  for  the  park 
purposes  named  in  section  one  of  this  act  is  hereby  con- 
firmed and  declared  legal  and  valid. 

Section  8.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  majority  vote  of  the  voters  of  said  town  present 
and  voting  thereon  at  a  legal  town  meeting  called  for  the 
purpose  within  one  year  from  its  passage. 

Approved  May  29,  1895. 


Vote  of  town 
confirmed. 


When  to  take 
effect. 


ChapA^i 


Penalty  for 
being  present 
at  certain  enter- 
tainments, etc., 
on  the  Lord's 
day. 


Penally  for 
doing  certain 
business,  etc. 


An  Act  to  regulate  the  observance  of  the  lord's  day. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whoever  is  present  at  a  game,  sport,  play 
or  i)ublic  diversion,  except  a  concert  of  sacred  music,  or 
an  entertainment  given  by  a  religious  or  charitable  society 
the  proceeds  of  which,  if  any,  are  to  l)e  devoted  exclu- 
sivel}^  to  a  charitable  or  religious  purpose,  upon  the  Lord's 
day,  shall  be  punished  b}'  tine  not  exceeding  five  dollars 
for  each  offence. 

Section  2.  AATioever  on  the  Lord's  day  keeps  open  his 
shop,  warehouse  or  workhouse,  or  does  any  manner  of 
labor,  business  or  work,  except  works  of  necessity  and 


Acts,  1895.  — Chap.  43dt.  481 

charity,  or  takes  part  in  any  sport,  game  or  pla}',  or  pul)lic 
diversion,  except  a  concert  of  sacred  music,  or  an  enter- 
tainment given  by  a  religious  or  charitable  society  the 
proceeds  of  which,  if  any,  are  to  be  devoted  exclusively 
to  a  charitable  or  religious  purpose,  shall  be  punished  by 
fine  not  exceeding  fifty  dollars  for  each  oflence,  and  the 
proprietor,  manager  or  person  in  charge  of  such  game, 
sport,  play  or  public  diversion,  other  than  such  concert 
of  sacred  music,  or  an  entertainment  given  by  a  religious 
or  charitable  society  the  proceeds  of  which,  if  any,  are  to 
be  devoted  exclusively  to  a  charitable  or  religious  pur- 
pose, shall  be  punished  by  fine  not  less  than  fifty  and  not 
exceeding  five  hundred  dollars  for  each  offence  ;  but  noth-  certain  manu- 
ing  in  this  section  shall  be  held  to  prohibit  the  manufact-  not  prohibited. 
ure  and  distribution  of  steam,  gas  or  electricity  for 
illuminating  purposes,  heat  or  motive  power,  nor  the  dis- 
tril:)ution  of  water  for  fire  or  domestic  purposes,  nor  the 
use  of  the  telegraph  or  the  telephone,  nor  the  retail  sale  of 
drugs  and  medicines,  nor  articles  ordered  by  the  prescrip- 
tion of  a  physician,  nor  mechanical  appliances  used  by 
physicians  or  surgeons,  nor  the  letting  of  horses  and  car- 
riages, nor  the  letting  of  yachts  and  boats,  nor  the  running 
of  steam  ferry  boats  on  established  routes,  or  of  street 
railway  cars,  nor  the  preparation,  printing  and  publishing 
of  newspapers,  nor  the  sale  and  delivery  of  newspapers, 
nor  the  wholesale  or  retail  sale  and  delivery  of  milk,  nor 
the  transportation  of  milk,  nor  the  making  of  butter  and 
cheese,  nor  the  keeping  open  of  public  bath  houses,  nor 
the  making  or  selling  by  bakers  or  their  employees  of 
bread  or  other  food  usually  dealt  in  by  them,  before  ten 
o'clock  in  the  morning  and  between  the  hours  of  four 
o'clock  and  half  past  six  o'clock  in  the  evening.  Who-  certain  persons 
ever  conscientiously  believes  that  the  seventh  day  of  the  performfni°' 
week  ought  to  be  observed  as  the  Sabbath,  and  actually  '''■i50''etc. 
refrains  from  secular  business  and  labor  on  that  day,  shall 
not  be  liable  to  the  penalties  of  this  section  for  performing 
secular  business  and  labor  on  the  Lord's  day,  if  he  dis- 
turbs no  other  person. 

Section  3.     Section  one  hundred  and  fifteen  of  chapter  p.  s.  102,  §ii5, 
one  hundred  and  two  of  the  Public   Statutes  is  here])y  '""''" 
amended  by  adding  at  the  end  thereof  the  words  :  — pro- 
vided^ Jiowever,  that  they  shall  not  grant  a  license  for  any 
such  theatrical  exhibitions,  public  shows,   public  amuse- 
ments or  exhibitions  of  any  description  whatsoever  to  be 


482 


Acts,  1895.  — Chap.  435. 


Certain  exhibi- 
tions, etc.,  may 
be  iicenseJ. 


Proviso. 


Certain  cnter- 
tainraentu  not 
prohibited. 


Uepeal. 


Certain  licenses 
revoked. 


held  upon  the  Lord's  day,  —  so  a.s  to  read  as  follows:  — 
Section  1 1~).  The  ma^'or  and  aldermen  of  a  city  or  the 
selectmen  of  a  town  may,  except  as  provided  in  section  nine 
of  chapter  forty-eight,  license  theatrical  exhibitions,  piil)- 
lic  shows,  public  amusements,  and  exhibitions  of  every 
description,  to  which  admission  is  obtained  upon  payment 
of  money  or  the  delivery  of  any  valual)lc  thing,  or  by  a 
ticket  or  voucher  obtained  for  money  or  any  valual)le  thing, 
u})Oii  such  terms  and  conditions  as  they  deem  reasonal)le ; 
and  they  may  revoke  or  suspend  the  same  at  their  pleasure  : 
provided,  Jioirevev,  that  they  shall  not  grant  a  license  for 
any  such  theatrical  exhibitions,  public  shows,  public  amuse- 
ments or  exhibitions  of  any  description  whatsoever  to  be 
held  u[)on  the  Lord's  day. 

Section  4.  Nothing  in  the  preceding  sections  shall  be 
held  to  prohibit  the  giving,  being  ^jresent  at  or  taking  part 
in  a  concert  of  sacred  music,  or  an  entertainment  given 
by  a  religious  or  charitable  society  the  proceeds  of  which, 
if  any,  are  to  be  devoted  exclusively  to  a  charital)le  or 
religious  purpose,  upon  the  Lord's  day,  or  a  free  open  air 
concert  given  by  a  city  or  toAvn,  or  by  license  of  the  mayor 
and  aldermen  of  a  city  or  the  selectmen  of  a  town,  upon 
a  common,  ])ublic  park,  street  or  square. 

Section  5.  Sections  one  and  two  of  chapter  ninety- 
eight  of  the  Public  Statutes,  sections  one  and  two  of  chap- 
ter three  hundred  and  ninety-one  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-seven,  chapter  forty-one  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-three 
and  chapter  three  hundred  and  fifty-three  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four  are  hereb}'  repealed. 

Section  6.  All  licenses  for  any  public  entertainment 
or  entertainments  to  be  held  upon  the  Lord's  day,  or  now 
in  existence  or  in  force  for  that  purpose,  are  hereby  re- 
voked and  cancelled.  Apirroved  May  29,  lb'95. 


ChapA35 


To  establish  a 
new  ferry  land- 
iDg. 


An  Act  relative  to  tue   establishment   of  a   new   fehut 
landino  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloics: 

Sectiox  1.  The  city  of  Boston  shall  establish  a  new 
ferry  landing  for  the  accommodation  of  the  Kast  Boston 
ferries,  at  some  point  in  Boston  ])roper  north  of  the 
southern  ])()undary  of  Fort  Hill  wharf,  and  shall  construct 
suitable  slips,  landings  and  head  houses  for  the  same,  and 


Acts,  1895.  — Chap.  436.  483 

shall  provide  such  other  accommodations  for  the  improve- 
ment of  transit  between  Boston  and  East  Boston  as  the 
city  council  may  determine. 

Sectiox  2.  For  the  purpose  of  carrying  out  the  pro-  May  incur  m- 
visions  of  this  act  the  city  of  Boston  is  herel)y  authorized  Ltue  bondX  etc. 
to  borrow,  beyond  the  limit  fixed  by  law,  the  sum  of  five 
hundred  thousand  dollars,  and  the  treasurer  of  said  city 
shall  from  time  to  time  issue  and  sell  at  public  or  private 
sale  l)onds,  registered  or  with  interest  coupons  attached, 
as  he  may  deem  best,  in  the  name  and  behalf  of  said  city, 
to  an  amount  not  exceeding  the  sum  above-specified. 

Sectiox  3.     This  act  shall  take  efiect  when  accepted  ^>°  t°  ^^^'^ 
by  the  city  council  of  the  city  of  Boston. 

\_Tlie  foregoing  tvas  laid  before  the  Governor  on  the  twenty- 
fourth  day  of  May,  1895,  and  after  five  days  it  had  the  force 
of  a  iaio,  as  prescribed  by  the  Constitution,  as  it  teas  not  returned 
by  him  ivith  his  objections  thereto  within  that  time.^ 


An  Act  authorizixg  persons  qualified  to  vote  for  biembers  OJl(ip.4:3Q 

OF  SCHOOL  committees  TO  VOTE  AT  THE  NEXT  STATE  ELECTION 
ri'ON  THE  QUESTION  OF  GRANTING  MUNICIPAL  SUFFRAGE  TO 
WOMEN. 

Be  it  enacted,  etc. ,  as  folloios : 

Section    1.     All  persons  qualified  to  vote  for  school  Qnestionof 
committee  shall,  at  the  next  state  election,  have  an  op])or-  pai  suffrage  to 
tunity  to  express  their  opinion  by  voting  ' '  Yes  ",  or  ' '  No  ", 
in  answer  to  the  following  question  :  Is  it  expedient  that 
municipal  suffrage  be  granted  to  women  ? 

Section  2.     Equal  opportunity  shall  be  given  to  men  Registration. 
and  women  to  register  prior  to  said  election. 

Section  3.     The  secretary  of  the  Commonwealth  shall,  Fallot. 
prior  to  said  election,  cause  to  be  placed  on  the  ofiicial 
ballot  the  following  words :  Is  it  expedient  that 
municipal  suflrage   be  granted  to  women?     And 
shall  also  cause  other  ballots  to  be  prepared  for 
women  voters,  having  thereon  the  same  words. 


YES. 


NO. 


Section  4.  Ballots  prepared  as  al)ove-])rovided  shall  secretary  of  the 
be  lurnished  by  the  secretary  ot  the  Commonwealth  to  to  furnisu 
cities  and  towns  in  the  same  manner  that  ballots  are  fur- 
nished for  use  in  elections  of  state  officers,  and  the  ballots 
shall  be  counted  and  returned  in  the  same  manner  as  bal- 
lots for  the  election  of  state  officers,  except  that  the  votes 
of  men  and  women  shall  be  returned  separately. 


484 


Acts,  1895.  — Chaps.  437,  438. 


Subject  to  1893, 
417,  etc. 


Sectiox  5.  This  act  shnll  be  subJGct  to  the  provisions 
of  chapter  four  huiKh-ed  and  sc^'cnteen  of  the  acts  of  the 
year  eiirhteen  hundred  and  ninety-three  and  acts  in  amend- 
ment tliereof  and  in  addition  thereto,  so  far  as  the  same 
are  applicable.  Approved  May  31,  IS 95. 


Chap.4i37  ^^  ^CT   KELATIVE   TO   THE   RECORD   OK    EXECUTIONS   LEVIED    tPON 

REAL   ESTATE. 


P.  S.172,  §  22 
amended. 


Officer  to  re- 
turn and  record 
execution. 


Be  it  enacted,  etc.,  as  follows: 

Section  twent3'-two  of  chapter  one  hundred  and  seventy- 
two  of  the  Public  Statutes  is  hereby  amended  by  inserting 
in  the  fourth  line,  after  the  word  "  same",  the  words  :  — 
and  such  clerk,  couil  or  trial  justice  shall  forthwith  record 
such  execution  and  certificate  in  books  of  record  to  be  pro- 
vided and  ke})t  by  them  for  that  purpose,  — also  by  insert- 
ing after  the  word  '*  and",  in  said  line,  the  words  :  —  such 
officer,  —  so  as  to  read  as  follows  :  —  Section  22.  The 
officer  shall  return  the  execution,  with  a  certificate  of  his 
doings  indorsed  thereon,  into  tlie  clerk's  office  or  court  to 
which  it  is  returnable,  or,  if  it  was  issued  ])y  a  trial  justice, 
to  the  justice  who  issued  the  same,  and  such  clerk,  court 
or  trial  justice  shall  forthwith  record  such  execution  and 
certificate  in  books  of  record  to  be  ])rovidcd  and  kept  by 
them  for  that  purpose  ;  and  such  officer  shall  also,  within 
three  months  after  the  levy  is  completed,  cause  the  execu- 
tion and  return  to  l)e  recorded  in  the  registry  of  deeds  for 
the  county  or  district  in  wdiich  the  land  lies. 

Approved  May  31,  1895, 


CkapA38 


Weekly  pay- 
ment of  wages 
tiy  persons  or 
partnerships. 


Ax  Act  relative  to  the  weekly  tavmext  of  wages. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Sections  fifty-one  to  fifty-four,  inclusive, 
of  chapter  five  hundred  and  eight  of  the  acts  of  the  year 
ciglitecn  hundred  and  ninety-four,  relative  to  the  weekly 
payment  of  wages  by  corporations,  shall  apply  to  any  ])er- 
son  or  ])artnership  engaged  in  this  Commonwealth  in  any 
manufacturing  business  and  having  more  than  twenty-five 
employees.  And  the  word  "corporation",  as  used  in 
said  sections,  shall  include  such  })ersons  and  partnershijis. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  May  31',  1S95. 


Acts,  1895.  — Chap.  439.  485 


Ax  Act  to   AUTnoRizE   the  toavn  of  north   brookfield   to  (7^ar>.439 

INCREASE  ITS    "WATER   INDEBTEDNESS    FOR    THE    PURPOSE    OF    EX- 
TENDING ITS   SYSTEJI  OF  WATER  PIPES 

Be  it  enacted^  etc.,  as  foUoivs: 

Section  1.  The  town  of  Korth  Brookfield,  for  the  North  Brook- 
piirpo!?es  mentioned  in  this  act,  may  issue  from  time  to  Loan. 
time  bonds,  notes  or  scrip,  denominated  on  their  face, 
Xorth  Brookfield  Water  Loan,  to  an  amount  not  exceeding 
twenty  thousand  dollars  in  addition  to  the  amounts  here- 
tofore authorized  to  be  issued  for  the  same  purposes,  and 
upon  the  terms,  restrictions  and  conditions  and  with  the 
same  powers  as  are  provided  or  authorized  in  section  five 
of  chapter  four  hundred  and  twenty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine  :  provided,  that  the  provisoa. 
whole  amount  of  such  bonds,  notes  or  scrip  issued  by  said 
town,  together  with  those  heretofore  authorized  for  the 
same  purposes,  shall  not  in  any  event  exceed  the  amount 
of  one  hundred  and  seventy  thousand  dollars ;  and  pro- 
vided, further,  that  the  said  town  may  apply  to  the  pa}"- 
ment  of  the  debt  authorized  by  this  act,  or  to  the  payment 
of  the  interest  thereon,  or  to  contributions  to  the  sinking 
fund  which  may  be  created  to  pay  the  same,  the  whole  or 
any  part  of  the  income  derived  from  the  water  rates,  or 
from  any  contract  it  may  make  with  the  towns  of  Brook- 
field, West  Brookfield  or  Warren  ;  but  this  provision  shall 
not  release  said  town  from  the  obligation  to  provide  by 
annual  taxation  for  the  payment  of  the  current  expenses 
of  operating  the  water  works,  the  interest  as  it  accrues  on 
all  water  bonds,  notes  or  scrip  issued  by  it,  and  to  make 
the  necessary  annual  contributions  to  the  sinking  funds 
and  payments  on  the  principal  of  all  water  loans,  under 
section  eight  of  said  act  to  which  this  act  is  in  addition. 

Section  2.     Said  town  may  contract  with  the  towns  of  May  euppiy 

'J  ^  tain  towns  v 

Brookfield,  West  Brookfield  and  Warren,  or  either  of  them,  water 
and  with  the  inhabitants  thereof,  to  furnish  them  with  a 
supply  of  water,  and  for  such  purposes  may  construct  and 
lay  down  conduits,  pipes  and  other  works  under  or  over 
any  lands,  water  courses,  railroads  or  public  or  private 
ways,  in  either  of  said  towns  of  Brookfield,  West  Brook- 
field or  Warren,  and  along  any  such  way  in  such  manner 
as  when  completed  shall  not  unnecessarily  obstruct  the 
same,  and  may  acquire  b}^  purchase  or  otherwise  within 
said  towns,  or  either  of  them,  all  lands,  rights  of  way  or 


cer- 
with 


486 


Acts,  1895.  — Chap.  440. 


Pro\i80. 


To  be  subject  to 
cerlain  provi- 
sions of  law,  etc. 


Proviso. 


Contracts  to  be 
authorized  at 
town  meeting. 


easements  necessary  for  clistri1)utin<i  said  "VN'ater  M'ithin 
either  of  said  towns :  provided^  that  this  act  shall  take 
ett'ect  upon  its  acceptance  by  a  two  thnxls  vote  of  the  voters 
of  North  Brooktield  present  and  voting  thereon  at  a  leaal 
town  meeting  duly  called  for  that  purpose  within  three 
years  from  its  passage ;  but  the  number  of  meetings  so 
called  in  any  one  year  shall  not  exceed  three. 

Section  3.  All  acts  of  the  town  of  North  Brookfield 
done  under  authority  of  the  preceding  section  shall  l)e 
done  by  the  same  officers  and  subject  to  the  same  condi- 
tions, restrictions  and  liabilities  as  are  provided  in  the  act 
to  which  this  act  is  in  addition,  in  respect  to  acts  done 
within  the  town  of  North  r>rooktield :  ])rovided,  that  no 
conduits,  pipes  or  other  works  shall  be  laid  or  constructed 
in  any  public  ways  or  streets  of  either  Brooktiekl,  AVest 
Brookfield  or  Warren,  except  in  such  ways  and  streets  and 
such  parts  of  said  "ways  and  streets  as  may  be  designated 
by  the  selectmen  or  road  commissioners  of  said  towns 
respectively ;  and  said  town  of  North  Brookfield  shall  be 
liable  in  an  action  of  contract  or  tort  for  all  damage  occa- 
sioned by  laying  or  constructing  any  conduits,  pipes  or 
other  works  in  said  ways  or  streets. 

Sectiox  4.  Said  towns  of  Brookfield,  TTest  Brookfield 
and  AVarren  are  hereby  severally  authorized  to  contract 
with  the  town  of  North  Brookfield  for  a  supply  of  water, 
provided  that  no  such  contract  shall  be  made  by  either  of 
said  towns  unless  it  shall  be  authorized  by  a  majority  of 
its  voters  present  and  voting  thereon  at  a  legal  town  meet- 
ing duly  called  for  that  purpose. 

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

Approved  May  31,  1895. 


ChdvA^O  ^^   ^^^  RELATIVE  TO  THE  COXSTRUCTION   OF   SUBWAYS  IX  TUE  CITV 

OF  BOSTON. 


1S94,  548,  §  34, 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  thirty-four  of  chapter  fi-\'e  hun- 
dred and  forty-eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four  is  hereliy  amended  by  striking  out  in 
the  first,  second,  third  and  fourth  lines,  the  words  "  Said 
commission  shall  determine  all  damages  sustained  hy  any 
person  whose  property  is  injured  by  it  under  authority  of 
section  twenty-seven,  or  is  taken  by  it"',  and  inserting  in 
place  thereof  the  words  -.  — ■  Said  commission  may  agree 


Acts,  1895.  — Chap.  UO.  487 

with  any  person  as  to  the  amount  to  be  paid,  as  damages 
sustained  by  him,  for  au}^  property  taken,  or  injured,  In- 
said  commission  under  authority  of  this  act  or  of  any  act 
in  amendment  hereof,  —  so  as  to  read  as  follows  :  —  Sec-  construction  of 

n  ,         n    •  T  -      •  'J.!  subways,  dam- 

iion  34.  Said  commission  may  agree  with  any  person  as  ages. 
to  tlie  amount  to  be  paid,  as  damages  sustained  by  him, 
for  any  property  taken,  or  injured,  by  said  commission 
under  authority  of  this  act  or  of  any  act  in  amendment 
hereof,  and  if  any  such  person  cannot  agree  with  said 
commission  as  to  the  damages  so  sustained,  such  damages 
may  be  determined  b}^  a  jury  in  the  superior  court  for  the 
county  of  Suflblk,  on  petition  therefor  of  said  commission 
or  of  said  person  against  said  city,  tiled  in  the  clerk's 
office  of  said  court  within  one  year  after  such  taking,  or 
the  property  is  so  injured,  and  judgment  shall  be  entered 
upon  the  determination  of  such  jury,  and  costs  shall  be 
taxed  and  execution  issued  in  favor  of  the  prevailing- 
party  as  in  civil  cases. 

Section  2.     Nothing  contained  in  said  act  shall  be  con-  May  ^^e  con. 
strued  as  preventing  the  said  commission  from  construct-  than  four  tracks 

•  1  ^  I   '         xi  !•  •!  J.         1  •  in  certain  cases, 

mg  suDways  tor  less  than  tour  railway  tracks  in  any  etc. 
portion  of  the  routes  detined  in  the  act  where  said  com- 
mission deems  that  the  construction  of  a  subway  or  sul)- 
ways  for  four  tracks  is  unnecessary  or  inexpedient ;  but 
said  commission  is  authorized  to  make  suitable  provisions 
for  the  future  enlargement  of  any  sul)way  or  subways  so 
as  to  accommodate  four  tracks  in  any  portion  of  said 
routes,  and  to  make  such  enlarg-ement  when  said  commis- 
sion  deems  it  expedient  so  to  do. 

Section  3.     No  portion  of  the  Common,  with  the  ex-  certain  portion 

,,      ,  ^\  -I-,!  im  vjj_       of  the  Common 

ception  ot  the  malls  on  Boylston  and  iremont  streets,  nottobeper- 
sliaii  be  permanently  occupied  above  the  surface  of  the  pled^etc!  °°'^"^' 
ground  for  any  of  the  purposes  of  the  subway  excei)t  so 
far  as  necessary  for  the  suitable  ventilation  thereof,  and 
no  portion  of  said  malls  shall  be  permanently  occupied 
above  the  surface  of  the  ground  except  so  far  as  necessary 
for  suital^le  ventilation,  and  for  shelter  and  other  accom- 
modations at  the  station  entrances  and  exits.  In  con- 
structing the  subway  under  the  Common  said  commission 
shall  not  be  limited  to  the  line  of  the  malls,  provided  that 
additional  space  is  necessary  or  expedient  in  order  to 
secure  suitable  curves  and  stations  for  the  subway,  and  a 
suitable  loop  for  turning  cars,  nor  shall  said  commission 
be  prohilnted  from  disturbing   the    surface    of  Tremont 


488 


Acts,  1895.  — Chap.  440. 


Proceeds  from 
sales  of  lands, 


"VVidenini?  of 
Haverhill  and 
Canal  etrceta. 


Construction, 
equipment  and 
location  of 
tracks,  etc. 


street  east  of  the  westerly  track  of  the  AVest  End  street 
raihvay  except  between  Winter  street  and  a  point  one 
hundred  and  lifty  feet  northerly  of  Boylston  street.  In 
no  case  shall  the  subway  extend  under  the  Common 
more  than  sixty  feet  beyond  the  present  limit  of  said 
malls. 

Sectiox  4.  In  order  that  the  debt  created  for  the  con- 
struction of  said  subways  may  be  limited  as  nearly  as 
possible  to  the  net  cost  thereof,  the  proceeds  from  any 
sales  of  lauds  or  rights  therein  taken  by  ])urchase  or  other- 
wise under  the  authority  of  said  act  or  any  acts  in  amend- 
ment thereof  made  before  the  expiration  of  two  j^ears  from 
the  date  of  the  completion  of  the  construction  of  the  sub- 
way may  be  credited  to  the  subway  account  instead  of 
being  paid  into  the  sinking  fund. 

Section  5.  The  l)oard  of  street  commissioners  of  the 
cit}"^  of  Boston,  with  the  approval  of  the  mayor  and  of  the 
Boston  transit  commission,  may,  for  the  purpose  of  widen- 
ing Haverhill  and  Canal  streets,  take  or  lay  out  any  por- 
tion of  the  land  taken  Ijy  purchase  or  otherwise  by  the  said 
Boston  transit  commission  ;  and  so  far  as  the  widening  of 
said  Haverhill  and  Canal  streets  is  not  rendered  necessary 
in  consequence  of  the  construction  of  the  subway,  the 
value  of  the  real  estate  so  taken  or  laid  out  by  said  board, 
as  determined  by  agreement  between  said  board  and  said 
transit  commission,  shall  be  considered  as  expended  for 
street  widcnings,  and  not  as  part  of  the  cost  of  building 
the  subways. 

Section  6.  Said  commission  may,  if  it  deems  expedi- 
ent, construct  any  portion  or  the  whole  of  the  tracks  in 
said  subway  or  subways,  and  may  electrically  or  otherwise 
equip  the  same,  and  may  in  the  name  of  the  city  of  Bos- 
ton, and  subject  to  the  approval  of  the  board  of  railroad 
commissioners,  enter  into  contracts  with  any  surface  or 
elevated  railway  company  or  compani(\<i,  which  shall  be 
binding  upon  the  contracting  company  or  companies  and 
upon  the  city  and  its  officers  and  boards,  for  locations  for 
tracks  and  other  rights  in  any  part  or  all  of  said  subway 
or  subways,  on  such  terms  and  conditions,  and  containing 
such  stipulations  and  provisions  for  the  security'  of  said 
city  of  Boston,  the  Connnon wealth,  and  all  other  parties, 
including  such  contracting  company  or  companies,  as  to 
said  commission  or  a  majority  thereof  shall  seem  just  and 
reasonable. 


Acts,  1895.  — Chaps.  Ul,  442.  489 

Section  7 .     The  interest  on  the  debt  incurred  for  the  interest  to  be 
construction  of  the  subway  or  any  part  thereof  shall  be  parfo/cost!^ 
considered  as  part  of  the  cost  of  the  construction  until 
such  subway  or  part  thereof  is  open  for  use. 

Approved  June   1,  1895. 

Ax  Act  relative  to  retractions  ix  actions  for  libel.        Chan  441 
Be  it  enacted^  etc.,  as  follows : 

Section  1.     In  any  action  for  libel  the  defendant  may,  Publication  of 
after  notice  in  writing  of  his  intention  so  to  do,  duly  given  be  given  in  ™^^ 
to  the  plaintiif  or  his  attorney  at  or  before  the  time  in  ®^"^^"'=®- 
which  the  answer  is  required  to  be  filed  in  such  action, 
give  in  evidence,  in  mitigation  of  damages,  that  he  pub- 
lished a  retraction  of  such  libel  before  the  commencement 
of  the  action,  or  as  soon  afterwards  as  he  had  an  oppor- 
tunity of  doing  so,  in   case  the  action  w^as  commenced 
before  there  was  an  opportunity  of  publishing  such  retrac- 
tion. 

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

Approved  June  1,  1895. 

An  Act  to  authorize  the  town  of  nantucket  to  take  the  ni^fj^t  449 

ISLAND   OF  MUSKEGET  OR  CERTAIN   PORTIONS   THEREOF  FOR  PUB-  ^ 

Lie  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  town  of  Nantucket,  by  its  selectmen  May  take  certain 
acting  as  a  board  in  this  behalf,  on  being  authorized  so  to  fsund  o*f  mus." 
do  by  a  vote  of  said  town  at  any  annual  town  meeting  or  pufposel^'^'^ 
a  meeting  specially  called  for  the  purpose,  may  at  any 
time  within  six  months  after  the  passage  of  this  act  enter 
upon  and  take  by  purchase  or  otherwise  any  part  or  the 
whole,  if  deemed  advisable  by  said  board  of  selectmen,  of 
the  land  not  held  by  a  clear  title,  of  the  island  of  JNIuske- 
get,  for  a  public  park. 

Section  2.  When  said  land  is  entered  upon  and  taken  Description  of 
otherwise  than  by  purchase  said  board  of  selectmen  shall,  co°dJd. 
within  thirty  days  of  said  entering  upon  and  taking,  cause 
to  be  recorded  in  the  registry  of  deeds  in  the  district  where 
said  land  lies,  a  description  of  the  same  as  certain  as  is  re- 
quired in  a  common  conveyance  of  land,  with  a  statement 
of  the  purpose  for  which  the  same  is  entered  upon  and 
taken,  w^hich  description  shall  be  signed  by  a  majority  of 


490 


Acts,  1895.  — Chap.  443. 


Damages. 


Portion  of  land 
Toay  be  set  off 
for  life  saviug 
slatiou. 


Special  police 
officer,  jiowers, 
duties,  etc. 


said  board  of  selectmen  ;  and  the  ^eo  to  the  land  so  entered 
upon  and  taken  shall  vest  in  the  town  of^S'antucUet. 

Sectiox  3.  The  town  of  Nantucket  shall  pay  all  dam- 
ages sustained  by  any  person  or  corporation  by  reason  of 
such  entering'  upon  and  taking,  such  damages  to  be  agreed 
upon  by  said  board  of  selectmen  and  the  person  or  corpo- 
ration injured  ;  and  if  the  parties  cannot  agree  a  jury  may 
be  had  to  determine  the  same,  in  the  same  manner  as  a  jury 
is  had  and  damages  are  determined  in  the  case  of  persons 
dissatisiicd  with  the  estimate  of  damages  sustained  in  the 
laying  out  of  highways:  provided,  that  no  suit  for  such 
damages  shall  be  l)rought  after  the  expiration  of  three 
years  from  the  date  of  the  recording  of  the  entering  upon 
and  taking  of  such  land;  SiWtX j)rovided,  further ,  that  such 
jury  shall  not  be  chosen  from  the  county  of  Nantucket. 

Section  4.  Said  town,  upon  request  of  the  secretary, 
treasurer  or  general  superintendent  of  the  life  sa\ing  ser- 
vice, may  set  olf  to  the  United  States  a  portion  of  the  land 
so  taken  for  the  establishment  and  maintenance  of  a  life 
saving  station. 

Section  5.  The  town  of  Nantucket  shall,  upon  the 
acceptance  of  this  act,  appoint  a  special  police  officer 
whose  compensation  shall  be  paid  from  the  treasury  of 
the  town,  and  who  shall  reside  upon  the  island  of  Muske- 
get  from  the  first  day  of  ]\Iay  to  the  fifteenth  day  of  August, 
and  who  shall  enforce  the  provisions  of  all  existing  laws 
for  the  protection  of  birds,  their  eggs  and  young,  during 
said  i)eriod.  Approved  June  i,  1895. 


Chcip.4:4:3   ^^   ^^"^  RELATIVE  TO  THE   BUILDING,  MAINTAINING  AND   OPERATING 
OF   A   SYSTEM  OF  SEWAGE  DISPOSAL   FOR   THE   CITY   OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows : 
^onersTcTty  of        Sectton  1.     The  boai'd  of  street  commissioners  of  the 
anddmiefl'"^'"^^  *^'^.>'  ^^  ^Nbddcn  shall  have  and  perform  all  the  powers  and 
duties  now  vested  hy  law  or  which  may  hereafter  be  vested 
l)y  law  in  the  board  of  mayor  and  aldermen  or  the  city 
council  concerning  the  lading,  maintaining,  altering  or 
discontinuing  of  main  drains  and  sewers  and  the  making 
of  assessments  or  establishing  rates,  subject  to  such  gen- 
eral rules  and  regulations  as  the  city  council  may  by  ordi- 
nance from  time  to  time  estal)lish. 
Dou'o'be  Ib^'  Section  2.     The  provisions  of  section  nine  of  chapter 

Ugatory.  \y,yQ  hundrod  and  foi*tv-five  of  the  acts  of  the  vcar  eighteen 


Acts,  1895.  — Chap.  444.  491 

hundred  and  ninety-two  shall  not  be  obligatory  upon  the 
city  of  ]Malden. 

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

Ajjproved  June  1,  1895. 


An  Act  relative  to  sidewalks  ix  cities.  Chai)  444 

Be  it  enacted,  etc.,  as  follows  : 

Section  1 .  The  board  of  mayor  and  aldermen  or  the  construction, 
board  having  power  to  establish,  grade  and  construct  side-  waiks^ircities. 
walks  in  any  city  may  grade  and  construct  sidewalks  and 
complete  any  partially  constructed  sidewalk  in  any  street 
of  such  city  as  the  public  convenience  may  require,  with 
or  without  edgestones,  as  said  board  shall  deem  expedient, 
and  may  cover  the  same  with  brick,  flat  stones,  concrete, 
gravel  or  other  appropriate  material,  and  may  assess  upon 
the  abutters  on  such  sidewalks  in  just  proportions,  not 
exceeding  one  half  of  the  expense  of  the  same ;  but  all 
assessments  so  made  shall  constitute  a  lien  upon  the  abut- 
ting land  and  be  collected  in  the  same  manner  as  taxes  on 
real  estate ;  and  such  sidewalks,  when  constructed  with 
edgestones  and  covered  with  brick,  flat  stones  or  concrete, 
shall  afterwards  be  maintained  at  the  expense  of  such  city. 
When  any  such  sidewalk  shall  be  permanently  constructed 
with  edgestones  and  covered  with  brick,  flat  stones  or 
concrete,  as  aforesaid,  there  shall  be  deducted  from  the 
assessment  therefor  any  sum  which  shall  have  been  pre- 
viously assessed  upon  the  aluitting  premises  and  paid  to 
the  city  for  the  expense  of  the  construction  of  the  same 
in  any  other  manner  than  with  edgestones  and  with  brick, 
flat  stones  or  concrete,  as  aforesaid ;  and  such  deduction 
shall  be  made  pro  rata  and  in  just  proportions  from  the 
assessments  upon  different  abutters,  who  at  the  time  of 
such  assessments  are  owners  of  the  estate  which  at  the 
time  of  such  former  assessments  was  the  estate  of  the 
abutters  who  had  previously  paid  such  former  assess- 
ments. 

Section  2.     In  estimating  the   damage  sustained   by  Benefit  to  be 
any  party  by  the  construction  of  sidewalks,  as  aforesaid,  offTn  estimating 
there  shall  be  allowed  by  way  of  set-off^  the  benefit,  if  any,  ^''''^^^^^ 
to  the  pro[)erty  of  the  party  by  reason  thereof. 

Section  3.     This  act  shall  take  effect  upon  its  passage 

Approved  June  1,  1895. 


492 


Acts,  1895.  —  CHAf>s.  445,  446. 


C7iap.4:4:5 


Certain  persons 
receiving  public 
aid  may  be 
required  to  per- 
form labor,  etc. 


In  alrushouses 
or  workhouses. 


Penalty. 


Repeal. 


An  Act  kelatiye  to  i'eksoxs  keceivixg  puhlic  aid. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  overseers  of  the  poor  of  a  city  or 
town  may  require  any  person  applying  for  and  receiving 
food  or  lodging  on  premises  provided  by  the  city  or  town 
for  the  purpose,  to  perform  a  reasonable  amount  of  labor 
in  return  therefor,  and  the  officer  in  charge  of  any  such 
premises  may  require  any  person  applying  for  and  re- 
ceiving either  food  or  lodging  on  such  premises  to  perform 
a  reasonable  amount  of  labor  in  return  therefor,  and  may 
detain  such  person  for  a  period  not  exceeding  twenty-four 
hours  from  the  time  of  the  application  of  such  person  for 
food  or  lodging,  until  any  labor  required  of  him  as  afore- 
said is  performed. 

Section  2.  Every  person  receiving  aid  in  an  alms- 
house or  workhouse  of  a  city  or  town  may  be  required 
by  the  officer  in  charge  thereof  to  perform  such  labor  as 
the  official  physician  shall  certify  to  be  suited  to  the  age, 
strength  and  capacity  of  such  person. 

Section  3.  Whoever  refuses  or  neglects  to  perform 
any  labor  required  of  him  as  aforesaid,  or  while  perform- 
ing such  labor  wilfully  damages  any  property  of  the  city 
or  town  requiring  the  performance  of  such  labor,  shall 
on  conviction  thereof  by  any  court  or  magistrate  having 
jurisdiction  of  the  offence  be  punished  by  imprisonment 
not  exceeding  one  year  in  the  house  of  correction  or  at 
the  state  farm,  or,  in  the  county  of  Suffolk,  in  the  house 
of  correction  or  house  of  industry. 

Section  4.  Section  nineteen  of  chapter  eighty-four 
of  the  Public  Statutes  is  hereby  repealed. 

Approved  June  1,  1895. 


ChciV'4.4iQ  An  Act  to  autiiouize  tme  town  of  ekanivlin  to  lay  out  and 

CONSTUUCT  A   TOAVN   WAY  TUKOUGH   FRANKXIN   CEMETEKY. 

Be  it  enacted,  etc.,  as  follows: 

The  selectmen  of  the  town  of  Franklin  are  hereby 
authorized  to  lay  out  and  widen,  for  the  use  of  said  town 
the  pul)lic  way  known  as  Central  street  in  said  town,  in, 
upon  and  through  the  enclosure  now  used  for  the  burial 
of  the  dead,  known  as  the  Franklin  Cemetery,  adjoining 
said  Central  street  on  the  easterly  side  thoroof,  and  to  take 
therefor  a  strip  of  land  now  embraced  within  the  limits  of 


Selectmen  may 
lay  out  and 
■widen  certain 
public  way. 


Acts,  1895.  — Chaps.  447,  448.  493 

said  cemetery  not  exceeding  six  feet  in  width  and  three 
hundred  feet  in  length  ;  and  said  town  is  hereby  authorized 
to  accept  and  allow  such  laying  out  and  widening  of  said 
street,  at  a  public  meeting  of  the  inhaljitants  thereof  reg- 
ularly notified  and  warned  therefor,  and  to  construct  said 
way  so  laid  out  and  accepted ;  and  to  raise  and  appro- 
priate such  sums  as  said  town  shall  judge  to  be  necessary 
therefor.  Approved  June  1,  1895. 


CJiap.Ul 


Ax  Act   RELAxrvE    to    the   corxTY   truaxt    school   op  the 

COUXTT  of  Mn)DLESEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  county  commissioners  of  the  county  no  expenditure 
of  Middlesex  shall  make  no  expenditure  for  the  enlarge-  eniargTng*^ 
ment  of  the  buildings  of  the  county  truant  school,  or  for  l^ol'"''^''' 
increasing  its  present  capacity,  until  after  the  first  day  of 
July  in  the  year  eighteen  hundred  and  ninety-six. 

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

Approved  June  i,  1895. 


Chap.US 


Ax  Act  to  authorize  the  ixterstate  coxsolidated  street 

RAILWAY   C0MP.\:NY   TO   ACQUIRE   AXD   OPERATE   CERTAIN   STREET 
RAILWAYS   AVITHIX  THIS   COILMOXWEALTH. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  Interstate  Consolidated  Street  Railway  May  acquire 
Company,  a  corporation  created  by  the  laws  of  the  state  of  o7certa?n'  ttreet 
Rhode  Island,  is  hereby  authorized  to  acquire  by  purchase  paul^sfetcf 
all  the  railways,  equipments,  franchises,  rights,  and  other 
property,  real  and  personal,  in  the  towns  of  Attleborough, 
Xorth  Attleborough,  Wrentham  and  Seekonk  in  this  Com- 
monwealth, which  were  or  now  are  owned  and  held  by  the 
Interstate  Street  Railway  Company  and  the  Attleborough, 
North  Attleborough  and  Wrentham  Street  Railway-  Com- 
pany, or  either  of  them,  or  by  Edward  R.  Price  of  said 
North  Attleborough,  trustee ;  and  with  respect  to  the 
maintenance,  operation  and  extension  of  said  railways  in 
said  towns,  and  to  the  use  and  improvement  of  the  prop- 
erty, rights  and  franchises  so  purchased,  and  to  the  acqui- 
sition of  such  additional  property  as  may  be  necessary  or 
convenient  for  the  operation  of  said  railways,  and  other- 
wise with  respect  to  said  railways  and  property,  shall  have 
the  same  and  no  other  powers  and  privileges,  and  shall  lie 
subject  to  the  same  and  no  other  duties,  liabilities  and 


494 


Acts,  1895.  —  Chap.  448. 


Capital  stock 
and  bouds. 


May  be 

restrained  from 
prosecution  of 
business  for  cer- 
tain causes. 


To  appoint 
coniinissioncr 
of  corporations 
its  attorney, 
upon  whom 
process  may 
be  served. 


restrictions,  as  are  set  forth  in  the  general  laws  of  this 
Commonwealth  which  now  are  or  licreafter  may  be  in  force 
relating  to  street  railway  companies ;  but  said  company 
shall  not  hereafter  construct  any  new  crossing  of  its  rail- 
way over  a  railroad  at  grade  without  the  consent  of  the 
board  of  railroad  commissioners. 

Section  2.  For  the  purposes  aforesaid,  and  for  any 
other  purpose  specified  in  chapter  three  hundred  and  six- 
teen of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine,  said  company  may  from  time  to  time  issue  its  capital 
stock  and  bonds ;  but  only  such  amounts  of  stock  and 
l)onds  shall  be  issued,  and  for  such  ]Hir[)oses  only,  as  have 
been  authorized  by  the  lioard  of  railroad  commissioners, 
under  chapter  four  hundred  and  sixty-two  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four  and  any  other 
laws  applicable  thereto.  Any  mortgage  duly  made  to 
secure  the  payment  of  bonds  so  authorized,  when  recorded 
asreciuired  by  the  laws  of  this  Commonwealth,  shall  attach 
to  and  be  a  valid  lien  upon  the  railways,  franchises  and 
other  property,  real  and  personal,  of  said  company  in  this 
Commonwealth,  so  far  as  said  mortgage  purports  to  con- 
vey the  same. 

Section  3.  If  said  company  neglects  to  make  the 
annual  reports  required  of  street  railway  companies,  or 
violates  or  fails  to  comply  with  any  other  law  of  this 
Commonwealth  applicable  to  said  company,  the  supreme 
judicial  or  superior  court  may,  in  addition  to  any  other 
remedies  in  such  case  provided,  restrain  the  company 
from  the  further  prosecution  of  its  business  while  such 
violation  or  default  continues. 

Section  4.  Before  doing  business  in  this  Common- 
wealth said  company  shall,  In'  a  duly  executed  instrument 
tiled  in  the  office  of  the  commissioner  of  corporations, 
appoint  said  commissioner  or  his  successor  its  true  and 
lawful  attorney,  upon  whom  all  lawful  processes  in  any 
acti(m  or  legal  proceeding  against  it  may  I)e  served;  and 
shall  stipulate  therein  that  any  lawful  process  against  it 
which  is  served  on  its  said  attorney  shall  be  of  the  same 
legal  force  and  validity  as  if  served  on  said  company,  and 
that  such  authority  shall  be  irrevocable  so  long  as  any 
liability  of  said  company  remains  outstanding  in  this 
Counnonwealth.  Ser^dce  of  such  process  shall  be  made 
by  leaving  the  same  in  the  hands  or  office  of  said  commis- 
sioner.    Copies  of  said  instrument  certified  by  the  com- 


Acts,  1895.  — Chap.  449.  495 

missioner  shall  be  deemed  sufficient  evidence  thereof ;  and 
service  upon  the  commissioner  shall  be  deemed  sutKcient 
service  upon  said  company. 

Section  5.     This  act  shall  take  effect  upon  its  passage,  Tobevoid 
but  shall  become  void  and  of  no  effect  at  the  expiration  coi'dTuon" '""e 
of  one  year  thereafter,  unless  in  the  meantime  due  and  e°g^P''®'^  '"'^^' 
seasonal)le  application  has  been  made  to  the  general  court, 
by  or  in  behalf  of  said  company,  for  the  incorporation  of 
a  company  in  and  under  the  laws  of  this  Commonwealth, 
which  shall  have  the  power  to  acquire,  hold  and  operate 
the  railways,  franchises  and  other  property  aforesaid  ;  but 
nothing  in  this  section  shall  affect  the  validity  of  any  bonds 
issued  or  mortgage  duly  made  and  recorded  in  accordance 
with  the  provisions  of  section  two. 

Ajyjyroved  June  1,  1895. 

An  Act  to  revise  the  charter  of  the  city  of  boston.        CJiaD  449 
Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  The  mayor  of  the  city  of  Boston  shall  be  city  of  Boston, 
elected  for  the  term  of  two  years  from  the  first  Monday  {^rm°  etc!''°''°°' 
in  January  following  his  election,  and  until  his  successor 
is  chosen  and  qualified.  In  case  of  a  vacancy  in  the  ofiice 
of  mayor,  the  city  council  shall,  if  such  vacancy  occurs 
before  the  last  six  months  of  said  term,  order  an  election 
for  a  mayor  to  serve  for  the  unexpired  term,  and  if  such 
vacanc}'  occurs  in  the  last  six  months  of  the  term,  the 
chairman  of  the  board  of  aldermen  shall  act  as  mayor  for 
the  unexpired  term. 

Section  2.  The  election  department,  the  fire  depart-  certain  depart- 
ment,  the  water  department,  and  the  institutions  depart- 
ment, are  hereby  created  as  departments  of  the  city  of 
Boston,  and  shall  be  under  the  charge  of  the  ofiicers  herein 
designated  therefor.  Said  officers  shall  be  citizens  and  ^^Pg°'°'"\®°'  °^ 
voters  of  Boston  and  shall  be  appointed  b}'  the  mayor  of 
said  city,  without  confirmation  by  the  board  of  aldermen ; 
and  chajiter  two  hundred  and  sixty-six  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-five,  and  all  other 
acts  relating  to  departments  of  the  city  of  Boston  or  the 
officers  and  employees  thereof,  not  inconsistent  herewith, 
shall  be  applicable  to  the  departments  created  by  this  act 
and  to  the  officers  and  employees  thereof. 

Section  3.     The  election  department  shall  be  under  the  Election  com- 
charge  of  a  board  of  four  election  commissioners,  and  they  "ppo'in'tnumt, 

term,  etc. 


496 


Acts,  1895.  — Chap.  449. 


Chairman. 


Compensation. 


Board  of  regis- 
Irars  of  voters, 
etc.,  abolished. 


Powers  and 
duties  of 
election  com- 
missiouers. 


«hall  be  so  selected  tluit  two  will  always  be  of  the  political 
party  which  at  the  annual  state  election  next  preceding 
their  a])i)ointment  cast  the  largest  vote  for  governor,  and 
two  will  l)e  of  the  political  party  which  cast  the  next 
largest  vote  for  governor ;  during  the  current  year  one  of 
said  commissioners  shall  be  appointed  for  pne  year,  one 
for  two  years,  one  for  three  years  and  one  for  four  years, 
beginning  with  the  first  day  of  May  m  the  year  eighteen 
hundred  and  ninety-five ;  and  annually  after  the  current 
year  one  such  commissioner  shall  be  appointed  as  afore- 
said for  the  term  of  four  years,  beginning  with  the  first 
day  of  May  in  the  year  of  his  appointment.  The  mayor 
shall,  on  or  before  the  first  day  of  May  in  each  year, 
designate  one  of  said  connnissiouers  to  serve  as  chairman 
for  the  year  beginning  w  ith  said  day.  Any  commissioner 
aforesaid  may,  after  notice  and  hearing,  he  removed  by 
the  mayor  of  said  city  for  cause.  Said  commissioners 
shall  receive  an  annual  salary,  the  chairman  of  four  thou- 
sand dollars,  and  each  of  the  other  commissioners  of  three 
thousand  five  hundred  dollars,  or  such  other  salary  as  the 
city  council  may  by  ordinance  prescribe.  The  board  of 
registrars  of  voters  and  the  offices  of  registrars  of  voters 
of  said  city  are  hereby  abolished. 

kSECTioN  4.  Said  board  of  election  commissioners  shall 
have  and  exercise  all  the  powers  and  duties  now  conferred 
by  law  upon  said  1)oard  of  registrars  of  voters,  including 
the  prejiaration  of  the  jury  list,  and  also  all  the  powers 
and  duties  relating  to  the  selection  of  election  officers,  the 
preparation  of  ballots,  the  posting  and  jmblishing  of  lists 
of  candidates,  the  furnishing  of  places  for  voting,  the  care 
of  })allot  boxes,  the  registration  of  voters,  the  determina- 
tion of  the  results  of  elections,  and  all  other  matters  relat- 
ing to  elections  in  said  city,  now  conferred  upon  the 
mayor,  board  of  aldermen  or  city  clerk  of  said  city,  ex- 
cept the  power  and  duty  of  giving  notice  of  elections  and 
fixing  the  days  and  hours  of  holding  the  same.  Said  board 
of  election  commissioners  shall  further  have  and  exercise 
all  the  ])owers  and  duties  now  conferred  upon  the  city 
clerk  or  other  officers  by  chapter  five  hundred  and  four 
of  the  acts  of  the  3"ear  eighteen  hundred  and  ninety-four 
and  acts  in  amendment  thereof;  and  all  laws  relating  to 
the  registration  of  voters  in  the  city  of  Boston,  not  incon- 
sistent with  this  act,  t^hall  api)ly  to  and  be  observed  and 
carried  out  b}'  said  board  of  election  commissioners. 


Acts,  1895.  — Chap.  449.  497 

Section  5.     Said  board  of  election  commissioners  shall  Boston^uaiiot 
constitute  the  liostou  ballot  law  counnission,  and  shall  in  i"^^  commis- 
all  matters  relating  to  objections  and  questions  arising 
in  the  case  of  nominations  of  candidates  for  city  offices  in 
said  city,  have  all  the  powers  and  duties  prescribed  for 
the  ballot  law  commission  of  the  state,  in  matters  under 
their  jurisdiction  ;  and  in  every  case  where  said  commis- 
sioners sit  as  a  ballot  laAV  commission  the  chief  justice  of 
the  municipal  court  of  the  city  of  Boston,  or  in  case  of  his 
sickness  or  disability  the  next  senior  justice  of  said  court, 
who  is  not  sick  or  otherwise  disa])led,  shall  preside,  but 
shall  not  vote  except  in  case  the  other  commissioners  are 
evenly  divided  in  their  decision,  when  he  shall  cast  the 
deciding  vote.     In  every  other  matter  in  which  the  com-  jnsucpof 
missioners  are  equally  divided  said  chief  justice,  or  other  toTctTuh'^""'^' 
justice  of  said  court  as  above-provided,  shall  act  with  fn^eTtain°caIe8. 
them  and  cast  the  deciding  vote, 

Sectiox  6.  Said  board  of  election  commissioners  shall,  ff^oTefslnepI^ 
between  the  first  day  of  iSIay  and  the  first  day  of  October  ration,  etc. 
in  the  year  eighteen  hundred  and  ninety-six,  and  in  every 
tenth  year  thereafter,  make  a  new  general  register  of  the 
qualified  voters  of  said  city.  Said  general  register  shall 
be  prepared  in  the  manner  provided  by  law  for  preparing 
general  registers,  but  in  determining  the  residence  of  any 
voter  for  registration  said  election  commissioners  shall  re- 
ceive as  prima  facie  evidence  of  such  residence  a  certificate 
from  the  assessors  of  taxes  or  a  tax  bill,  or  notice  from  the 
collector  of  taxes  in  said  city  showing  that  such  person  has 
been  assessed  for  a  poll  tax  as  a  resident  of  said  city  on 
the  first  day  of  May,  and  in  case  the  applicant  shall  fail  to 
present  such  certificate,  bill  or  notice,  he  shall  be  required 
to  otherwise  satisfy  the  said  commissioners  as  to  such  resi- 
dence. Changes  may  be  made  in  said  new  general  regis- 
ter on  account  of  illegal  registration,  and  after  the  year  in 
which  a  new  general  register  is  made  all  laws  relating  to 
general  registers  of  voters  shall  be  applicable  to  said  new 
general  registers,  and  the  annual  registers  and  voting  lists 
of  said  city  shall  be  prepared  therefrom,  in  the  manner 
provided  by  law  for  preparing  annual  registers  and  voting 
lists  in  cities.  Until  the  first  day  of  September  of  the 
years  designated  for  preparing  new  general  registers  vot- 
ers may  be  registered  at  the  central  registration  ofiice  in 
said  city  ;  but  during  the  month  of  September  of  said  years 
said  board  shall  keep  open  one  or  more  places  for  regis- 


498 


Acts,  180.-5.  —  Chap.  449. 


Delivery  of 
ballot  boxeB, 
etc  ,  to  election 
commiesiunere. 


Recount  of 
ballote. 


May  employ 
aeeistance,  etc. 


tnition  in  each  -ward  of  said  city,  as  said  board  shall  deem 
sulHcieiit,  where  aloue  registration  of  the  citizens  of  that 
Avard  shall  be  made  daily  from  eight  o'clock  in  the  fore- 
noon to  ten  o'clock  in  the  afternoon,  except  Sunday. 

Sectk^n  7.  The  warden  of  each  polling  place  immedi- 
ately after  the  ballots  and  voting  lists  have  been  put  in 
envelopes  and  sealed  as  provided  by  law  shall  place  said 
envelopes,  together  with  the  ballot  boxes,  ballot  box  seals 
and  counting  apparatus,  in  the  custody  of  a  police  ofiicer 
of  said  city,  and  said  police  officer  shall  forthwith  deliver 
the  same  in  person  to  said  board  of  election  commission- 
ers, at  the  place  designated  by  them. 

Section  8.  If  within  the  six  days  next  succeeding  the 
day  of  any  election  in  any  ward  of  said  city  ten  or  more 
qualitied  voters  of  such  ward  shall  sign,  swear  to  and  iile 
with  said  board  of  election  commissioners  a  statement  that 
they  have  reason  to  believe  and  do  believe  that  the  records 
(or  copies  of  records)  made  by  the  election  officers  of 
certain  precincts  in  said  wards  are  erroneous  (specify ing 
wherein  they  deem  they  are  in  error),  and  tiiat  they  believe 
a  recount  of  the  ballots  cast  in  such  precincts  will  affect  the 
election  of  one  or  more  candidates  voted  for  at  such  elec- 
tion (specifying  the  candidates),  or  will  affect  the  deci- 
sion of  a  question  voted  upon  at  such  election  (specifying 
the  question),  said  board  shall  without  delay  open  the 
envelopes  containing  said  liallots,  recount  the  same  and 
determine  the  questions  raised.  Said  board  may  employ 
such  assistance  as  they  deem  necessary  in  making  any 
such  recount;  and  the  chairman  of  the  city  committee 
representing  the  largest  political  party  and  the  chair- 
man of  the  city  committee  representing  the  second 
largest  political  party  may  in  writing  designate  two  per- 
sons, or  such  further  numl)er  as  said  commissioners  may 
allow,  to  l)e  ])reseiit  and  witness  the  count,  and  said  board 
shall  allow  each  candidate  whose  election  is  in  question, 
or  his  representative,  to  be  present,  and  said  board  may 
allow  representatives  of  other  political  parties  and  other 
persons  to  be  present  and  witness  the  recount.  After  mak- 
ing any  such  recount,  said  board  shall  again  ench)se  all 
such  ballots  in  their  proper  envelopes,  seal  each  envcloiic 
with  a  seal  provided  for  tiie  purpose,  and  certify  upon  each 
envelope  that  the  same  has  been  opened  and  again  sealed 
in  conformity  to  law,  and  shall  likewise  make  and  sign  a 
statement  of  their  determination  of  the  questions  raised, 


Acts,  1895.  — Chap.  449.  499 

and  alter  and  amend  siich  records  as  liave  been  found  to 
he  erroneous,  in  accordance  with  such  determination ;  and 
the  records  so  amended  shall  stand  as  the  true  records  of 
the  election. 

SECTiOiSr  9.     The  fire  department  of  said  city  shall  be  Firccommi»- 
under  the  charae  of  one  fire  commissioner,  who  shall  be  me'ilt! 'leul.Tac. 
appointed  for  the  term  of  three  years,  and  shall  receive 
an  annual  salary  of  five  thousand  dollars,  or  such  other 
salary  as  the  city  council  may  by  ordinance  prescribe. 
Tlie  board  of  fire  commissioners  of  the  city  of  Boston  is  Board  of  flrR 

1  ,  1      !•    1       1  comniissiouers 

hereby  abolished.  abolished. 

Section  10.  Said  fire  commissioner  shall  have  the  Powers  and 
charge  of  extinguishing  fires  in  said  city  and  the  protec-  commissioner. 
tion  of  life  and  property  in  case  of  fire,  and  shall  purchase 
and  keep  in  repair  all  apparatus  used  therefor,  including 
the  fire  alarm  telegraph  and  telephone  S3^stem  ;  shall  divide 
said  city  into  fire  districts  and  establish  a  fire  patrol ;  shall 
have  and  exercise  all  the  powers  and  duties  conferred  by 
statute  upon  the  board  of  fire  commissioners  of  said  city 
or  upon  tire  engineers,  and  shall  appoint  a  chief  engineer, 
engineers  and  other  firemen.  Said  fire  commissioner  shall 
have  and  exorcise  all  the  powers  and  duties  conferred  by 
the  ordinances  of  said  city  upon  the  board  of  fire  commis- 
sioners of  said  city,  subject  to  such  changes  and  alterations 
in  said  ordinances,  not  inconsistent  with  this  act,  as  the 
city  council  of  said  city  may  hereafter  from  time  to  time 
make  by  ordinance. 

Section  11.     Said  chief  engineer  shall  direct  the  work  cbief  engineer, 

f     1  1  I'     -t  ^  -I  •  f    r>  powers  and 

ot  the  members  ot  the  fire  department  m  case  ot  hre,  act  duties. 
as  the  executive  officer  of  said  fire  commissioner,  and  have 
authority,  in  case  of  fire,  to  prevent  persons  not  author- 
ized by  him  from  coming  within  the  lines  that  he  may  under 
such  circumstances  establish  in  the  neifrhborhood  of  the 
building  or  buildings  in  which  a  fire  may  have  occurred. 

Section  12.     The  water  department  of  said  city  shall  Joner,';,"™™nt'. 
be  under  the  charge  of  one  water  commissioner,  who  shall  uj«ut,  term,  etc. 
be  appointed  for  a  term  of  three  years,  and  shall  receive  an 
annual  salaiy  of  five  thousand  dollars,  or  such  other  salary 
as  the  city  council  may  by  ordinance  prescribe.     The  water  certiiin  omcos, 
supply  department  and  the  water  income  department  and  *^'°''  "^"'"'^'''*- 
the  offices  of  the  Boston  water  board,  the  water  commis- 
sioners and  water  registrar  are  hereby  abolished. 

Section   13.     Said  water  commissioner  actino:  for  said  V^'^''"";''"^, 

.  1111  j_ii  I'l'i-  diUK'S  of  water 

City  shall  have  power  to  take  the  waters  which  said  city  commiesioner. 


500 


Acts,  1895.  — Chap.  449. 


rowers  nnd 
(liitii's  of  water 
cuiuiuissioucr. 


Institutions 
comiiiirtsioner, 
ai)pointment, 
turm,  etc. 


Board  of  com- 
niirtsionern,  etc 
abulishecl. 


Powers  and 
duties  of 
instimiioriH 
commiBBioner. 


has  boon  or  shall  horoaftcr  he  authorized  by  the  legislature 
to  take  for  a  water  8up[)ly,  and  shall  also  have  power  to 
protect  the  purity  and  prevent  the  pollution  of  said  waters  ; 
to  construct  and  maintain  dams,  reservoirs  and  storage 
basins  for  said  waters ;  to  collect  and  store  said  waters ; 
to  convey  said  waters  into  the  places  said  city  is  author- 
ized to  supply  with  water  ;  to  distribute  and  use  said  waters 
therein  ;  to  sell  said  waters  or  parts  thereof  and  to  fix  the 
rates  to  be  paid  therefor  by  the  owner  of  the  premises  to 
which  any  of  said  water  is  furnished,  or  by  the  person 
or  ])ersons  using  any  of  said  water;  to  furnish  and  attach 
meters  where  he  deems  it  necessary ;  to  construct  and 
maintain  buildings,  machinery,  roads,  drains,  pipes,  con- 
duits and  aqueducts,  and  lay  and  maintain  pipes  for  the 
purposes  of  the  water  supply  of  said  city ;  and  to  take, 
by  purchase  or  otherwise,  such  lands  in  fee,  rights  in 
lands,  waters  and  water  rights  as  said  connnissioner  may 
deem  necessary  for  the  purposes  of  said  water  supply ;  and 
to  do  all  acts  and  things  that  said  city  or  said  water  board 
or  water  registrar  is  authorized  l)y  law  to  do  relating  to 
the  water  supply  of  said  city.  Said  watcn-  commissioner 
shall  have  and  exercise  all  the  powers  and  duties  conferred 
by  the  ordinances  of  said  city  upon  the  Boston  water  board 
or  the  water  registrar  of  said  city,  subject  to  such  changes 
and  alterations  in  said  ordinances  not  inconsistent  Avith  this 
act  as  the  city  council  of  said  city  may  hereafter  from  time 
to  time  make  by  ordinance. 

Section  14.  The  institutions  department  shall  be  under 
the  charge  of  one  institutions  commissioner,  who  shall  bo 
a])pointed  for  three  jeai's,  and  shall  receive  an  annual  sal- 
ary of  five  thousand  dollars,  or  such  other  salary  as  the 
city  council  may  by  ordinance  prescribe.  The  board  of 
'  commissioners  of  public  institutions  and  the  public  insti- 
tutions department  and  the  offices  of  commissioners  of  pub- 
lic institutions  are  herel)y  abolished. 

Sectiox  15.  Said  institutions  commissioner  shall  have 
the  charge  and  control  of  the  institutions  now  placed  by 
law  under  the  charge  of  said  board  of  commissioners  of 
public  institutions,  and  shall  have  all  the  powers  and  duties 
conferred  by  statute  upon  said  board,  and  all  the  ])owcrs 
and  duties  conferred  by  the  ordinances  of  said  city  ui)OU 
the  commissioners  of  public  institutions  of  said  city,  sub- 
ject to  such  changes  and  alterations  in  said  ordinances 
not   inconsistent    with   this   act    as   the    citv  council    of 


Acts,  1895.  — Chap.  419.  501 

said  city  may  hereafter  from  time  to  time  make  by  ordi- 
nance. 

Sectiox  1G.     The  institutions  commissioner  shall  have  Additional 
all  the  powers  which  are  now  possessed  by  the  board  of  p"'^"^' 
commissioners  of  public  institutions  relative  to  the  release 
of  persons  now  confined  in  or  hereafter  committed  to  any 
of  the  institutions  under  his  charge,  and  to  their  return  to 
such  institutions,  and  all  laws  in  relation  to  such  discharge 
and  return  shall  apply  in  case  of  any  person  released  as 
aforesaid :    provided,   however,   that  no   person   shall   be  Proviso. 
released  without  the  approval  of  a  justice  of  the  court 
which  imposed  the  sentence. 

Section   17.     The  superintendent  for  the  time  being  in  Rules,  etc.,  for 
charge  of  any  almshouse  or  workhouse  of  the  city  of  Bos-  fnma'teL"of 
ton  may  from  time  to  time,  subject  to  the  approval  of  said  a'"i«'^o'i»««' ^tc 
institutions  commissioner,  make,  amend  and  repeal  rea- 
sonable rules  and  regulations  for  the  government  of  the 
inmates  of  the  almshouse  or  workhouse  under  his  charge  ; 
and  the  same  when  so  approved  shall  remain  in  force  until 
amended  or  repealed  as  aforesaid. 

Section  18.  Any  inmate  of  an  almshouse  or  work-  Penalty. 
house  aforesaid  may  at  the  discretion  of  the  superintendent 
thereof  be  punished  by  being  restricted  in  his  diet  or 
liberty,  or  both,  for  any  violation  of  such  rules  and  regula- 
tions, and  may  for  that  purpose  be  detained  by  the  said 
superintendent  for  a  period  not  exceeding  three  days. 

Section  19.     The  board  of  health  of  the  city  of  Bos-  Health 
ton  shall  appoint  as  employees  of  the  health  department  appointment, 
one  or  more  health  inspectors,  who  shall,  as  designated  hy  etcT""*'  "  '^  ' 
said  board,  have  and  perform  all  the  powers  and  duties 
conferred  by  law  upon  inspectors  of  milk,  inspectors  of 
vinegar  and  inspectors  of  provisions  and  of  animals  in- 
tended for  slaughter,  and  such  other  duties  as  said  board 
may  direct ;  and  the  inspection  of  milk  and  vinegar  depart-  ^j^'"*'!|bo°iThed' 
ment,  and  inspection  of  provisions  department,  and  the 
offices  of  inspectors  of  milk  and  inspectors  of  vinegar, 
and  inspectors  of  provisions  and  of  animals  intended  for 
slaughter,  in  said  city,  are  hereby  abolished. 

Section  20.     The  officer  or  board  in  charge  of  any  certain  officers 
department  created  by  this  act,  and  the  board  of  health  of  appoint  aesiat- 
said  city,  may,  with  the  approval  of  the  mayor,  appoint  '^^^^'  ^^'^' 
not  exceeding  three  assistants,  who  shall  be  citizens  and 
residents  of  l>oston,  each  to  have  charge  of  a  division  of 
the  department  under  the  charge  of  such  officer  or  board, 


502 


Acts,  1895.  — Chap.  419. 


City  engineer, 
powers  and 
duties. 


Surveying 
depaiiment 
etc.,  abolitibed. 
Architect  de- 
I)aitiQeiit,  etc., 
abolished. 


Superintendent 
of  puljlic  biiild- 
itis.'f<,  powers 
and  duties. 


Board  of 

Purvey 
abolished,  etc. 


■Riiilfiing  com- 
ininsioner, 
pi  1  were  and 
duties. 


and  a  socretary  of  such  dopartmont ;  and  such  appoint- 
ment shall  be  exeni})t  iVoni  the  laws  rclaliiii>'  to  civil  ser- 
vice in  the  Commonwealth  and  the  cities  and  towns 
thereof. 

Section  21.  The  city  engineer  of  said  city  shall  make 
such  surveys,  plans,  estimates,  statements  and  descriptions, 
and  take  such  levels,  as  the  ma3'or,  the  board  of  aldermen, 
the  common  council,  any  committee  of  the  city  council  or 
of  either  branch  or  any  board  or  officer  in  charge  of  a 
department  of  said  city  may  need  in  the  discharge  of  its 
duties,  and  shall  have  the  custody  of  all  surveys  and  jdans 
relating  to  the'  laying' out,  widening,  extending,  locating 
anew^  and  grading  of  streets;  and  the  office  of  said  city 
engineer  shall  be  deemed  to  be  the  office  of  the  city  sur- 
veyor of  said  city.  The  surveying  department  and  the 
office  of  city  surveyor  of  said  city  are  hereby  abolished. 

Section  22.  The  architect  department  and  the  office 
of  city  architect  of  said  city  are  herel)y  abolished,  and  all 
buildings  now  in  process  of  construction  hy  said  depart- 
ment shall  be  placed  under  the  charge  of  the  superin- 
tendent of  public  buildings,  who  shall  be  the  city  architect 
so  far  as  relates  to  the  powers  and  dutic^s  required  of  the 
city  architect  under  existing  contracts  of  said  city,  and 
shall  see  that  the  buildings  are  completed  in  accordance 
with  the  contracts  already  made  therefor.  Any  building 
hei-eafter  required  by  said  city  for  the  use  of  any  depart- 
ment shall  be  l)uilt  by  such  department,  and  any  jjuilding 
not  for  the  use  of  any  department  shall  be'  built  by  such 
of  the  heads  of  departments  or  other  officers  appointed  by 
the  mayor  as  the  mayor  shall  from  time  to  time  determine  ; 
T)ut  the  plans  of  all  buildings  shall  ])e  subject  to  the 
approval  of  any  officer  or  board  specified  in  the  statutes 
relating  thereto,  and  of  the  mayor,  and  the  selection  of  the 
architect  shall  be  subject  to  the  approval  of  the  mayor. 

Section  23.  The  board  of  survey  of  the  city  of  Bos- 
ton is  hereby  abolished,  and  the  powers  and  duties  now 
exercised  by  the  said  bor.rd  of  survey  are  hereby  transferred 
to  the  board  of  sti'eet  connnissioners. 

Section  24.  The  dci)artment  for  the  inspection  of 
huildings  of  the  city  of  Boston  shall  hereafter  be  known 
as  the  building  department,  and  the  title  of  the  officer  in 
charge  thereof  shall  be  the  l)uil(liiig  conunissioncr,  and  all 
the  powers  and  duties  of  the  inspector  of  l)uildings  of  said 
city  shall  be  exercised  by  said  building  conunissioncr.     The 


Acts,  1895.  -  Chap.  440.  503 

oflficers  appointed  as  deputies  under    said   commissioner  inspectora. 
shall  hereafter  be  termed  building  inspectors. 

Section  25.     The  superintendent  of  streets  of  said  city  Superintendent 
shall  hereafter  have  the  care  and  management  of  the  ferries  powers  aid 
owned  by  said  city  ;  shall  purchase  or  build  all  ferry  boats  '^'^'^'®^' 
used  for  said  ferries,  and  make  the  necessary  repairs  and 
alterations  thereon,  and  on  the  slips,  drops,  tanks  and 
buildings  used  for  ferry  purposes.     Said  superintendent 
shall  have  and  exercise  all  the  powers  and  duties  conferred 
by  the  ordinances  of  said  city  upon  the  superintendent  of 
ferries  of  said  city,  subject  to  such  changes  and  alterations 
in  said  ordinances,  not  inconsistent  with*  this  act,  as  the 
city  council  of  said  city  may  hereafter  from  time  to  time 
make  by  ordinance.    The  ferry  department  and  the  office  of  ^J^[  ^.i^^^^' 
superintendent  of  ferries  of  said  city  are  hereby  abolished,  abolished.' 

Section  26.     The  board  of  police  for  the  c\iy  of  Bos-  Board  of  police 
ton  shall  have  charge  and  control  of  the  present  members  0°  park  pouc'e"', 
of  the  park  police  of  said  city,  of  the  officers  appointed  ^^"^ 
as  department  police  for  the  Faneuil  Hall  markets,  and  of 
the  police  now  employed  by  the  Boston  water  board  within 
the  limits  of  the  city  of  Boston,  and  they  shall  be  con- 
sidered as  regular  police  officers  of  said  city.     Said  board 
shall  hereafter  appoint  and  have  charge  of  all  police  for 
service  in  the  parks,  markets  and  grounds  in  said  city  used 
for  purposes  of  its  water  supply,  and  of  all  other  depart- 
ment police  of  said  city,  the  same  as  all  other  regular 
police  officers  of  said  city.     The  age  of  any  applicant  for  Age  not  to 
appointment  on  the  park  police  or  grounds  used  in  said  cenaki'ds!^. 
city  for  purposes  of  its  water  supply  shall  constitute  no 
disqualification  if  such  applicant  is  an  honorably  discharged 
veteran  who  served  in  the  army  or  navy  of  the  United 
States  in  the  war  of  the  rebellion,  and  is  otherwise  quali- 
fied to  perform  the  duties  of  said  position. 

Section  27.     The  officers  and  employees  of  any  depart-  ^e''*=»_''»  ?^^^''^' 
ment  who  may  be  removed  from  the  service  of  the  city,  or  appointed  with- 
whose  tenure  of  office  may  be  afiected  by  the  provisions  examiuatiou,"' 
of  this  act  or  the  carrying  out  thereof,  may  be  appointed  ^"^' 
to  positions  in  any  department  of  said  city  without  civil 
service  examination  or  enrolment. 

Section  2<S.     All  acts  and  parts  of  acts  so  far  as  they  Repeal, etc. 
are  inconsistent  with  the  provisions  of  this  act  are  hereby 
repealed ;  and  all  ordinances  and  parts  of  ordinances  of 
said  city  so  far  as  they  are  inconsistent  with  the  provisions 
of  this  act  are  hereby  annulled ;    and  said  city  shall  not 


504 


Acts,  1895.  — Chap.  450. 


When  to  take 
effect. 


appoint  an}'  officer  or  pass  any  ordinance  inconsistent  with 
the  provisions  of  this  act. 

Section  21>.  This  act,  so  far  as  it  provides  for  the 
appointment  of  ofiicers  to  have  charge  of  the  departments 
created  by  this  act,  shall  take  effect  upon  its  passage,  and 
shall  take  full  effect  on  the  first  day  of  July  of  the  cur- 
rent year.  Approved  June  i,  1893. 


ChapA~)0         ^^  ^^CT   KELATIVE   TO   THE   METROPOLTTAX   PAUK   CO^nUSSIOX. 


\retropolitan 
park  conimis- 
eion,  additional 
powers. 


May  remove  or 
sell  f>ur))lus 
earth,  etc. 


Abandonment 
or  sale  of 
certain  lands, 
riyhiB,  etc. 


Be  it  enacted^  etc.,  as  follows: 

Skctiox  1.  The  metropolitan  park  commission  may, 
for  all  ])urposes  not  inconsistent  with  the  purposes  s})eci- 
fied  in  the  act  establishing  said  commission,  and  acts  in 
amendment  thereof  and  in  addition  thereto,  erect,  main- 
tain and  care  for  buildings,  and,  by  deed  executed,  ac- 
knowledged and  recorded  according  to  the  laws  of  the 
Commonwealth,  grant  or  accept  and  assent  to  any  deed 
containing  reservations  of  easements,  rights  of  way  and 
privileges  in  life  estates,  estates  for  the  life  of  another 
and  estates  for  years,  including  leases  in,  upon,  nndcr  and 
over  any  portion  of  the  lands  now  or  hereai'ter  taken  or 
acquired  by  it,  all  for  such  considerations  and  rentals  and 
upon  such  terms,  restrictions,  provisions  or  agreements  as 
said  commission  may  deem  l)est.  Said  commission  may 
remove  or  sell  at  public  or  private  sale  suri)lus  earth,  rock, 
ice,  wood,  hay,  standing  grass,  old  buildings  and  materials, 
and  fix  the  price  and  terms  thereof,  collect  the  money  due 
therefrom,  and  sue  to  recover  or  enforce  the  same  in  the 
courts  of  the  Commonwealth.  All  moneys  received  there- 
from in  each  year  shall  be  accounted  for  and  paid  to  the 
treasurer  and  receiver  general  by  said  conunission. 

Sectiox  2.  Said  commission,  with  the  concurrence  of 
a  majority  of  the  board  of  ])ark  commissioners,  if  any, 
of  the  city  or  town  in  which  the  property  is  situated,  ma}^ 
by  deed  executed,  acknowledged  and  recorded  according 
to  the  laws  of  the  Connnonwealth,  accom])anied  by  ])]an 
or  survey,  also  to  be  recorded,  al)andon  any  portion  of  the 
lands  or  rights  in  land  taken  or  acquired  b>'  it,  and  said 
abandonment  shall  revest  the  title  thereof,  as  if  never 
taken,  in  the  persons,  their  heirs  and  assigns,  in  whom  it 
was  vested  at  the  time  of  taking.  If  a  majoiity  of  said 
conunission  vote  to  abandon  any  portion  of  the  lands  or 
rights  in  land  taken  or  ac(j[uircd  by  it  and  the  board  of 


Acts,  1895.  — Chap.  450.  505 

park  commissioners  of  the  city  or  town  in  which  such  :^,^i!J]''°f™';"!;i„ 
property  is  situated  refuse  or  fail  to  concur  witli  said  com-  lands,  rights, 
mission  w^ithin  fourteen  days  from  the  giving  of  written 
notice  of  such  vote  to  such  board  of  park  commissioners, 
then  in  such  case  said  commission,  upon  notice  in  writing 
of  not  less  than  seven  days  to  such  board  of  park  commis- 
sioners, may  appear  before  the  governor  and  council  and 
ask  for  the  concurrence  of  the  governor  and  council  in 
such  a])andonment ;  and  if  the  governor  and  council  after 
a  hearing  thereon  concur  in  such  abandonment  the  same 
shall  have  full  force  and  effect.  The  said  abandonment 
may  be  pleaded  in  reduction  of  damages  in  any  suit  there- 
for on  account  of  such  taking.  Said  commission,  w-ith 
the  concurrence  of  the  majority  of  the  board  of  park  com- 
missioners, if  any,  in  the  city  or  town  in  which  the  prop- 
erty is  situated,  may  at  any  time  sell  at  public  or  private 
sale  any  portion  of  the  lands  or  rights  in  land,  the  title  to 
which  has  been  taken  or  received  or  acquired  and  paid  for 
by  it,  and  may,  wiiththe  concurrence  of  such  board  of  park 
commissioners,  execute  and  acknowledge  a  deed  thereof, 
with  or  without  covenants  of  title  and  warranty,  all  in  the 
name  and  behalf  of  the  Commonwealth,  to  the  purchaser, 
his  heirs  and  assigns,  and  deposit  said  deed  with  the  treas- 
urer and  receiver  general  of  the  Commonwealth,  together 
with  a  certificate  of  the  terms  of  sale  and  price  paid  or 
agreed  to  be  paid  at  such  sale ;  and  said  treasurer  and 
receiver  general,  upon  receipt  of  said  price  and  upon  the 
terms  agreed  in  said  deed,  shall  deliver  the  same  to  said 
purchaser.  If  a  majority  of  said  commission  vote  to  sell 
any  portion  of  the  lands  or  rights  in  land  taken  or  acquired 
by  it  and  the  board  of  park  commissioners  in  the  city  or 
town  in  which  such  property  or  right  in  property  is  situated 
refuses  or  fails  to  concur  with  said  commission  within  four- 
teen days  from  the  giving  of  written  notice  of  such  vote 
to  such  board  of  park  commissioners,  then  and  in  such 
case  said  commission,  upon  notice  in  w^riting  of  not  less 
than  seven  days  to  such  board  of  park  commissioners, 
may  appear  before  the  governor  and  council  and  ask  for 
the  concurrence  of  the  governor  and  council  in  such  sale ; 
and  if  the  governor  and  council  after  a  hearing  thereon 
concur  in  such  sale  it  shall  have  full  force  and  effect.  The  collection  of 
treasurer  and  receiver  general  may  by  the  attorney-general  enfmc^ement  of 
sue  for  and  collect  the  price  and  enforce  the  terms  of  any  ^^'''"''  °^  ^*'«^- 
such  sale. 


50G 


Acts,  1895.  — Chap.  450. 


May  accept  and 
n.uintain  ccrtuia 
lauUd,  etc. 


Aspessmcnt 
or  beUurmeuts, 
etc. 


Disposition  of 
certaia  uioncyf 


Certain  suras 
m;iy  lie 
advanced,  etc. 


Statement  of 
expenditures 
to  be  tiled, 
etc. 


Section"  3.  Said  commission  may  ac'c'ci)t  and  maintain 
as  a  portion  of  the  pul)lic  reservations,  under  the  provi- 
sions of  the  act  establishing  said  commission,  and  acts  in 
amendment  thereof  and  in  addition  thereto,  includinir  this 
act,  any  lauds  or  rights  in  land  which  may  be  given  to  the 
Connnonwealth,  provided  such  lands  lie  within  the  limits 
of  the  metropolitan  parks  district,  or  without  such  limits 
but  innnediately  contiguous  thereto. 

Section  4.  Said  commission  shall  have  the  same  power 
and  authority  to  determine  the  value  of  and  assess  upon 
real  estate  the  amount  of  betterments  accruing  to  said  real 
estate  by  reason  of  any  taking  made  by  said  conunission 
under  the  provisions  of  law,  of  land  for  open  spaces  for 
exercise  and  recreation,  as  is  now  conferred  upon  boards 
of  park  commissioners  in  cities  and  towns  by  section  seven 
of  chapter  one  hundred  and  tifty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-two  in  regard  to  the 
location  and  laying  out  of  parks ;  and  shall  also  have  full 
power  and  authority  to  abate  such  proj)ortion  of  any  assess- 
ment for  betterments  made  by  it  hereunder  as  it  shall  deem 
just  and  expedient ;  and  also  to  authorize  the  treasurer 
and  receiver  general  of  the  Commonwealth  to  refund  to 
the  proper  person  or  persons  the  amount  of  such  abate- 
ment of  any  assessment  already  paid. 

Sectiox  5.  The  treasurer  and  receiver  general  shall 
pay  into  the  metro])olitan  parks  loans  sinking  fund  all 
moneys  received  under  the  provisions  of  this  act. 

Section  6.  The  secretary  of  the  metropolitan  park 
commission,  or  such  other  person  as  said  board  may 
designate,  may  have  advanced  to  him  from  the  money 
in  tlie  treasury  of  the  Commonwealth  known  as  the  met- 
ropolitan parks  loan  such  sums,  not  exceeding  ten  thou- 
sand dollars  at  any  time,  as  the  auditor  may  certify  to  be 
necessary  to  enable  said  board  to  make  direct  payment 
upon  its  pay  rolls  and  other  accounts.  The  person  so 
designated  l)y  said  board  shall  give  a  bond  with  sufficient 
sureties,  to  be  approved  by  the  auditor  of  the  Common- 
wealth, in  the  sum  of  ten  thousand  dollars.  As  soon  as 
may  l)e  after  expending  such  advance,  and  in  any  case 
within  thirty  days  from  its  receij)t,  the  ])erson  who  has 
received  tiie  money  from  the  Commonwealth  under  the 
provisions  of  this  act  shall  tile  with  the  auditor  a  state- 
ment in  detail  of  the  sums  expended  subsequent  to  the 
previous  accounting,  approved  by  the  board,  if  any,  au- 


Acts,  189j.  — Chap.  450.  507 

thorized  to  supervise  such  expenditure,  and,  where  it  is 
practicable  to  obtain  them,  accompanied  by  receipts  or 
other  like  vouchers  of  the  persons  to  whom  the  payments 
have  been  made. 

Section  7.     Said  commission  shall  publish  the  rules  Rules  and 
and  regulations  made  by  it  from  time  to  time.     Said  pub-  be^pubi°shed° 
li cation  shall  be  made  at  least  six  times  in  at  least  three  *^"^- 
newspapers  printed  and  published  in  each  county  which 
is  wholly  or  in  part  within  said  metropolitan  parks  dis- 
trict, and  such  publication  shall  be  sufficient  notice  to  all 
persons.     The  sworn   certificate  of  any  member  of  said 
commission,  or  of  its  secretary,  that  said  rules  and  regula- 
tions, have   been  published  as  herein  provided,  shall  be 
prima  facie  evidence  thereof.     A  copy  of  said  rules  and 
regulations,  attested  by  any  member  of  said  commission 
or  by  its  secretary,  shall  be  prima  facie  evidence  that  said 
rules  and  regulations  have  been  made  by  said  commission, 
as  provided  by  law. 

Section  8.  Whoever  violates  any  rule  or  regulation  Penalty  for 
lawfully  made  by  said  commission  shall  be  punished  by  a  rJues'.'eu;!' 
fine  not  exceeding  twenty  dollars. 

Section  9.  The  police  appointed  or  employed  by  said  Poi'^e,  poweis. 
commission  in  accordance  with  the  provisions  of  chapter 
four  hundred  and  seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  chapter  two  hundred  and 
eighty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  shall  have  all  the  powers  of  police  officers 
and  constables  for  the  maintenance  of  the  pul)Iic  peace 
upon  any  lands,  roadways  or  l)Oulevards  under  its  care, 
and  upon  any  roadways  passing  through  or  bordering 
upon  said  lands. 

Sectio.v  10.  Said  commission  may  employ  counsel  to  commission 
advise,  assist  and  represent  it ;  and  such  counsel,  it"  ap-  ^uus^fetcl 
proved  by  the  district  attorney  for  any  county  within  the 
park  district,  shall  have  full  power  and  authority  to  repre- 
sent the  interests  of  the  Commonwealth  in  the  superior 
court  in  such  county  in  all  matters  arising  under  said  acts 
or  any  of  them,  or  under  this  act ;  and,  if  approved  by 
the  attorney-general,  shall  have  full  power  and  authority 
to  represent  the  interests  of  the  Commonwealth  in  the 
supreme  judicial  court  in  all  matters  arising  under  said 
acts  or  any  of  them,  or  under  this  act. 

Sectiox  11.     The  secretary  of  the  Commonwealth  shall  Secretary  of  the 
on  the  request  or  said  commission  ccrtily  in  writing  under  to  certify 


;08 


Acts,  1805.  — Chap.  451. 


mTsIoi^Jr^Ttc.,  *^^^  ^^^^  ^^  t^i*^  Common wealtli  the  names  of  the  commis- 
upou  request,     sioncrs  oi'  of  tlioir  .secn'tarv,  and  such  certiticates  sliall  be 
sufficient  prima  facie  evidence  for  any  and  all  pur})oses. 

Approved  June  3,  1S95. 


Chcqj.iol 


Wator  eiipply 
lor  city  of 
Gloucester. 


May  take 
cx-itaiu  waters, 
lauds,  etc. 


May  erect 
b;iildini»s,  lay 
aowD  pipes,  etc. 


May  die  up 
lands,  ways, 
etc. 


An  Act  to  surrLv  Tiin  city  of  Gloucester  "with  water. 
Be  it  enacted.,  etc.,  as  follows : 

Sectiox  1.  Tlie  city  of  Gloucester  may  supply  itself 
and  its  inhabitants  with  water  for  the  extinguishment  of 
iires  and  for  domestic,  manufacturing  and  otlier  purposes  ; 
and  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. 

Sectiox  2.  Said  city,  for  the  })urpose3  aforesaid,  may 
take,  hy  purchase  or  otherwise,  and  hold  the  waters  of 
any  pond,  stream,  spring  or  Avells  not  heretofore  taken 
or  purchased  by  the  Gloucester  Water  Supply  Company, 
within  the  limits  of  said  city,  also  the  Chebacco  lakes  in 
the  towns  of  Essex,  Wenliam  and  Hamilton,  and  the 
waters  which  flow  into  the  same  and  the  water  riglits 
connected  therewith,  and  may  obtain  and  take  water  by 
means  of  bored,  driven,  artesian  or  other  wells,  on  any 
land  within  said  city,  and  hold  and  convey  said  water 
through  said  city  and  through  said  towns  t)f  Essex,  Wen- 
ham  and  Hamilton,  from  said  lakes,  and  may  also  take 
and  hold,  by  purchase  or  otherwise,  all  lands,  rights  of 
Avay  and  easements  necessary  for  holding,  storing,  purify- 
ing and  preserving  such  water  and  for  conveying  the 
same  to  any  part  of  said  city  of  Gloucester ;  and  may 
erect  on  the  lands  thus  taken  or  held,  proper  dams,  reser- 
voirs, buildings,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  oj^crate  machinery,  and 
provide  such  other  means  and  appliances  as  may  be  neces- 
sary for  the  establishment  and  maintenance  of  complete 
and  eflective  water  works ;  and  may  construct  and  lay 
down  conduits,  pipes  and  other  works,  under  or  over 
any  lands,  water  courses,  railroads  or  public  or  private 
ways,  and  along  any  such  way  in  such  manner  as  not 
unnecessarily  to  ol^struct  the  same ;  and  for  the  purjiose 
of  con.structing,  maintaining  and  repairing  such  conduits, 
pipes  and  other  works,  and  for  all  proper  purposes  of  this 
act,  said  city  may  dig  up  any  such  lands,  and,  under  the 


Acts,  1895.  —  Chap.  451.  509 

direction  of  the  board  of  selectmen  of  the  town  in  which 
said  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.  The  title  to  all  land  taken  or 
purchased  under  the  provisions  of  this  act  shall  vest  in 
said  city,  and  the  land  so  taken  may  be  managed,  im- 
proved and  controlled  l\y  the  board  of  water  commis- 
sioners hereinafter  provided  for,  in  such  manner  as  they 
shall  deem  for  the  best  interests  of  said  city. 

Section  3.  Said  city  shall,  within  ninety  days  after  Description  of 
the  taking  of  any  lands,  rights  of  way,  water  rights,  water  brrecorded." 
sources  or  easements  as  aforesaid,  otherwise  than  by  pur- 
chase, file  and  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  southern  district  for  the  county  of  Essex  a  descrip- 
tion 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  city  shall  pay  all  damages  sustained  Damages. 
by  any  person  or  corporation  in  property  by  the  taking 
of  any  lands,  right  of  way,  water,  water  sources,  water 
rights  or  easement,  or  by  any  other  thing  done  by  said 
city  under  the  authority  of  this  act.  Any  person  or  cor- 
poration sustaining  damages  as  aforesaid  under  this  act, 
who  fails  to  agree  with  said  city  as  to  the  amount  of  dam- 
ages sustained,  may  have  the  damages  assessed  and  deter- 
mined in  the  manner  provided  by  law  wdien  land  is  taken 
for  the  laying  out  of  highways,  on  making  application  at 
any  time  witliin  the  period  of  two  years  from  the  taking 
of  such  land  or  other  property  or  the  doing  of  other  injury 
under  the  authority  of  this  act ;  but  no  such  application 
shall  be  made  after  the  expiration  of  said  two  years.  No 
application  for  the  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water,  water  right  or  for  any  injury 
thereto  until  the  water  is  actually  withdrawn  or  diverted 
by  said  city  under  the  authority  of  this  act.  Said  city 
shall  pay  all  damages  sustained  under  the  authority  of 
this  act  by  the  town  of  Essex  in  its  alewife  fishery,  which, 
unless  agreed  uj^on,  shall  be  assessed  and  determined  in 
the  manner  hereinbefore  provided :  provided^  however,  Proviso, 
that  said  city  may  construct  and  maintain  suitable  fishways 
for  the  preservation  of  said  alewife  fishery,  said  fishways 
to  be  constructed  to  the  satisfaction  of  and  to  be  approved 
by  the  commissioners  on  inland  fisheries  and  game. 


510  Acts,  1895.  — Chap.  451. 

n'JpediiejTu'n^       Sectton  5.     lu  Gvery  case  of  a  petition  to  tho  superior 
^"^-  eourt  for  an  assessment  of  damages  the  city  may  tender 

to  the  complainant  or  his  attorney  any  sum,  or  may  bring 
the  same  into  court  to  be  paid  to  the  complainant  for  the 
damages  by  him  sustained  or  claimed  in  his  petition,  or 
may  in  writing  ofier  to  be  defaulted  and  that  damages 
may  be  awarded  against  it  for  the  sum  therein  expressed, 
and  if  the  complainant  does  not  accept  such  sum,  with 
his  costs  up  to  that  time,  but  proceeds  in  his  suit,  and 
does  not  recover  greater  damages  than  were  so  offered 
or  tendered,  not  including  interest  on  the  sum  recovered 
in  damages  from  the  date  of  such  ofier  or  tender,  the  city 
shall  have  judgment  for  its  costs  after  said  date,  for  which 
execution  shall  issue  ;  and  the  complainant,  if  he  recovers 
damages,  shall  be  allowed  his  costs  only  to  the  date  of 
such  ofier  or  tender. 
GiwicLter  Sectiox  6.     kSaid  city  may,  for  tho  purpose  of  pacing 

Water  Loan,  tliG  ueccssary  Bxpcnscs  and  liabilities  incurred  under  the 
provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip,  to  an  amount  sufiicient  for  such  purpose, 
to  be  determined  by  the  board  of  water  connnissioners 
hereinafter  provided  for.  Such  bonds,  notes  or  scrip  shall 
bear  on  their  face  the  words,  City  of  Gloucester  AVater 
Loan,  and  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thiity  years  from  the  date  of  issue,  shall 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing six  per  cent,  per  annum,  and  shall  be  signed  by  the 
treasurer  of  the  city  and  be  countersigned  by  the  water 
commissioners  hereinafter  provided  for.  Said  city  may 
sell  such  securities  at  })ublic  or  private  sale,  or  pledge  the 
same  for  money  borrowed  for  the  i)urpose  of  this  act,  and 
upon  such  terms  and  conditions  as  it  may  deem  proper : 
Proviso.  provided,  that  such  securities  shall  not  be  sold  for  less 

Sinking  fund,  thau  thc  par  value  thereof.  Said  city  shall  provide  at  the 
time  of  contracting  said  loan  for  the  estal)lishmcnt  of  a 
sinking  fund  and  shall  annually  contrilnite  to  such  fund  a 
sum  sufficient  with  the  accumulations  thereof  to  pay  the 
principal  of  such  loan  at  maturity.  Said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  pa}Tnent  of  said 
loan,  and  shall  be  used  for  no  other  purpose. 
^.^^„r,!!^yi''^  Sectiox  7.     Said  city  instead  of  establishinir  a  sinking 

payments  on      fund  mav,  at  the  time  of  authorizino;  said  loan,  provide 

loan.  "^  ,  ^  ^ 

for  the  payment  thereof  in  such  annual  ]:)roportionate  pay- 
ments as  v.'ill  extinguish  the  same  within  the  time  pre- 


Acts,  1805.  — Chap.  451.  511 

scribed  in  this  act ;  and  when  such  vote  has  been  passed 
the  amount  required  thereby  shall  without  further  vote  be 
assessed  l)y  the  assessors  of  said  city  in  each  year  there- 
after until  the  debt  incurred  by  said  loan  shall  l)e  extin- 
guished, in  the  same  manner  as  other  taxes  are  assessed 
under  the  provisions  of  section  thirty- four  of  chapter 
eleven  of  the  Public  Statutes. 

Sectiox  8.     The  return  required  by  section  ninety-one  Return  to  state 
of  chapter  eleven  of  the  Public  Statutes  shall  state  the  einkiugfuna, 
amount  of  any  sinking  fund  estal)lished  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. 

Sectiox  9.  Said  city  shall  raise  annually  Iw  taxation  Payment  of 
a  sura  which,  with  the  income  derived  from  water  rates,  ^^'^''""'^^•'^  "• 
will  be  sufficient  to  pay  the  current  annual  expenses  of 
operating  its  water  works  and  the  Interest  as  it  accrues  on 
the  notes,  bonds  and  scrip  issued  as  aforesaid  by  said  city, 
and  such  contributions  to  the  sinking  fund  and  payments 
on  the  principal  as  may  be  required  under  the  provisions 
of  this  act. 

Sectiox  10.  "Whoever  uses  any  water  taken  under  renaity  for 
this  act  without  the  consent  of  said  city,  or  wilfully  or  waTer'etc"" 
wantonly  corrupts,  pollutes  or  diverts  any  of  the  waters 
taken  or  held  by  said  city  pursuant  to  the  provisions  of 
this  act,  or  destroys  or  injures  any  structure,  work  or 
other  property  owned,  held  or  used  by  said  city  under  the 
authority  and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  city  three  times  the  amount  of  damages  as- 
sessed therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  either  of  the  above  wilful  or  wanton 
acts  shall  also  be  punished  by  a  fine  not  exceeding  three 
hundred  dollars  or  by  imprisonment  not  exceeding  one 
year. 

Section  11.     The  occupant  of  any  tenement  shall  be  Liawiityin 
liable  for  the  payment  of  the  rent  for  the  use  of  water  in  paj^,nem"o"f 
such  tenement,  and  the  owner  shall  also  be  liable,  in  case  w^'^"^^*^- 
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  city  of  Gloucester. 

Section  12.     The  powers  and  duties  granted  and  im- water  com- 
posed upon  the  city  of  Gloucester  by  this  act,  including  ITp^Smeut, 
the  purchase  or  taking  of  any  lands  or  other  property  or  ^''™'  ''^°' 


512 


Acts,  1895.  — Chap.  451. 


Removal. 


Compensation. 


Powers  and 
dulieu. 


Quorum. 


To  fix  prices 
for  use  of 
water,  etc. 


riirhts,  shall  l)e  exercised  by  a  board  of  water  commis- 
sioners, consisting  of  three  residents  of  the  city,  to  be 
appointed  by  the  mayor,  with  the  approval  of  the  city 
council.  Said  commissioners  shall  be  appointed  and  hold 
their  office  from  the  time  of  their  appointment  and  ap- 
proval for  the  terms  of  one,  two  and  three  years,  res[)ec- 
tively,  from  the  first  ^londay  of  February  next  following 
their  appointment,  and  thereafter  one  commissioner  shall 
be  api)ointed  each  year  for  the  term  of  three  years  from 
the  first  jMonday  in  Feln-uary  ;  all  such  commissioners, 
except  in  case  of  removal,  shall  hold  office  until  their  suc- 
cessors are  appointed  in  their  stead  ;  vacancies  occurring 
during  the  term  may  be  filled  for  the  remainder  of  the 
term.  Ko  person  shall  be  appointed  commissioner  who 
holds  at  the  time  any  city  office  by  popular  election.  Any 
commissioner,  after  due  notice  and  hearing,  may  be  re- 
moved at  any  time  by  a  two  thirds  vote  of  each  branch  of 
the  city  council  for  any  cause  which  shall  be  deemed  suf- 
ficient and  shall  be  expressed  in  the  vote  of  removal.  The 
commissioners  shall  receive  such  compensation  for  their 
services  as  the  city  council,  by  a  two  thirds  vote  of  each 
branch  thereof,  shall  determine. 

Section  13,  Said  commissioners  shall  superintend  and 
direct  the  construction,  execution  and  performance  of  all 
the  works,  matters  and  things  mentioned  in  the  })receding 
sections ;  they  shall  be  subject  to  such  ordinances,  rules 
and  regulations  in  the  execution  of  such  duties  as  the  city 
council  may  from  time  to  time  ordain  and  establish,  not 
inconsistent  with  the  provisions  of  this  act  and  the  laws 
of  this  Commonwealth.  Said  water  connnissioners  shall 
make  all  contracts  for  the  above  purpose  in  the  name  and 
behalf  of  the  city,  but  no  contracts  shall  be  made  by  them 
which  involve  the  expenditure  of  money  not  already  ap- 
propriated for  the  purpose  by  the  city  council.  A  majority 
of  said  commissioners  shall  be  a  quorum  for  the  exercise 
of  the  powers  and  the  performance  of  the  duties  of  the 
commission. 

Section  14.  Said  commissioners  shall  fix  such  prices 
or  rents  for  the  use  of  water  as  shall  produce  annually  as 
near  as  may  be  a  net  surplus  over  operating  expenses  and 
interest  charges  equal  to  two  per  cent,  of  the  total  amount 
of  the  bonds,  notes  or  scrip  issued  under  this  act,  after 
pacing  all  current  expenses  of  operating  the  water  works 
and  interest  upon  loans,  and  after  payment  of  all  expense 


Acts,  1895.  — Chap.  451.  513 


for  new  construction,  not  exccediu^-  ton  thousand  dollars 
in  any  one  year  after  the  original  construction.     The  com- 
missioners of  sinking  funds  of  the  city  of  Gloucester  shall 
be  trustees  of  the  sinking  fund  which  shall  be  set  apart  for 
the  payment  and  redemption  of  said  water  loan,  and  w^hich 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose.     The  net  sur-  Net  surplus  to 
plus  aforesaid  shall  be  paid  into  the  sinking  fund,  if  any  is  sfnkfng  fun°d, 
established  hereunder,  and  if  said  surplus  does  not  equal  ^^''' 
two  per  cent,  of  the  total  amount  of  the  bonds,  notes  and 
scrip  issued  under  this  act,  the  city  shall  raise  by  general 
taxation  a  sum  which,  with  the  surplus,  will  equal  said  two 
per  cent.,  and  shall  contribute  said  sum  to  the  sinking 
fund.     Said  commissioners  shall  annually,  and  as  often  as  Account  to  be 
the  city  council  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  twent^^-nine 
of  the  Public  Statutes,  except  as  herein  otherwise  provided. 

Section  15.     The  town  of  Essex  may  connect  water  Town  of  Essex 
pipes  with  the  main  pipe  of  the  city  of  Gloucester  in  said  pnJd  wuh^ 
toAvn,  such  connection  to  be  made  to  the  satisfaction  of  the  ^^''^''' *^*<=- 
engineer  of  said  city,  and  in  such  case  said  city  shall  fur- 
nish to  the  inhabitants  of  said  town  through  the  pipes  so 
connected  a  supply  of  water  for  the  extinguishment  of  fires 
and  for  domestic  and  other  purposes,  for  which  the  town 
of  Essex  shall  pay  to  said  city  an  equitable  compensation. 
Said  compensation  in  case  of  disagreement,  shall  be  deter-  in  case  of 
mined  b}'  three  commissioners  to  be  appointed  by  the  compLMTtlon  to 
supreme  judicial  court,  upon  application  of  either  party  by  thre™'"^'* 
and  notice  to  the  other,  and  the  award  of  said  commission-  commissioners. 
ers,  when  accepted  l)y  said  court,  shall  be  binding  upon 
the  parties  for  the  term  of  five  years.     Nothino-  in  this  act  Rights  of 

-      -^  "J  »  certain  towns 

shall  l)e  construed  to  prevent  the  towns  of  Essex,  Wenham  not  affected. 
and  Hamilton  from  supplying  themselves  with  water  from 
the  Chebacco  lakes  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  or  to  prevent  the  town  of 
]Manchester  from  so  supplying  itself  from  Gravel  pond, 
so-called. 

Section  1G.     If  within  thirty  days  after  this  act  shall  ^rope^r^y^of""^ 
have  been  accepted  by  the  city  of  Gloucester,  as  herein-  ^"J'Jjf?,'^'"  , 
after  provided,  the  Gloucester  Water  Supply  Company  company,  etc. 
shall  notify  the  mayor  of  the  city  of  Gloucester  in  writing 
that  it  desires  to  sell  to  said  city  all  the  corporate  property 
and  all  the  rights,  privileges,  easements,  lands,  waters. 


514 


Acts,  1895.  — Chap.  451. 


May  purchase 
property  of 
Gloucester 
Water  Supply 
Company,  etc. 


In  case  of 
disagreement 
value  of 
property  to  be 
determined 
by  thrfs 
commi^^8ioncrs. 


To  be  Bubniitted 
to  qualified 
voters. 


water  rights,  dams,  reservoirs,  pipes,  engines,  boilers, 
nuichinery,  fixtures,  hydr;ints,  tools  and  all  appliances 
owned  In^  said  company,  and  used  in  supplyinir  said  city 
and  the  inhabitants  thereof  with  water,  and  shall  file  with 
the  city  clerk  of  said  city  a  specitieution  and  description 
thereof,  said  city  shall  not  ])rocecd  to  su})ply  water  to 
itself  or  its  inhabitants  under  the  authority  of  this  act. 
unless  it  shall  have  first  purchased  of  said  company  the 
property  aforesaid;  and  said  company  is  authorized  to 
make  sale  of  said  property  to  said  city,  and  said  city  is 
authorized  to  purchase  the  .same  and  manage  and  use  the 
property  thus  conveyed  for  the  purposes  and  under  the 
provisions  of  this  act.  Whenever,  within  one  3'ear  from 
the  passage  of  this  act,  said  city  shall  by  a  majority  vote 
of  the  legal  voters  of  said  city,  present  and  voting  thereon 
at  a  legal  meeting  called  for  that  purpose  by  order  of  the 
city  council,  or  at  any  regular  municipal  election,  vote  to 
purchase  said  property,  notice  of  the  desire  of  said  com- 
pany to  sell  the  same  having  been  given  as  hereinbefore 
])rovidcd,  said  i)roperty  shall  thercu[;on  become  the  prop- 
erty of  said  city,  and  said  city  shall  pay  to  said  company 
the  fair  value  thereof,  to  be  ascertained  as  hereinafter  pro- 
vided. In  case  said  city  and  said  company,  after  confer- 
ence thereon,  shall  be  unable  to  agree  upon  the  value  of 
[-aid  pr()[)crty,  the  supreme  judicial  court  shall,  upon  aj^pli- 
cation  of  either  party  and  notice  to  the  other,  appoint  three 
commissioners,  M'ho  shall  determine  the  fair  value  of  said 
jjroperty,  and  whose  award,  when  accepted  by  the  court, 
.shall  be  final.  Such  value  shall  be  estimated  without  en- 
hancement on  account  of  future  earning  ca})acity,  or  future 
good  will,  or  on  account  of  the  franchise  of  said  comi>anv. 
Section  17.  This  act  shall  be  submitted  to  the  quali- 
fied voters  of  the  city  of  Gloucester  for  its  acceptance  and 
shall  be  void  unless  such  voters,  voting  in  their  respective 
wards  and  precincts  at  a  legal  meeting  called  for  that  ])ur- 
pose  by  order  of  the  city  council,  in  the  same  manner  as 
meetings  for  municipal  elections  are  called,  or  at  any  regu- 
lar municipal  election,  shall,  within  one  year  from  the 
passage  of  this  act,  determine  by  ballot  by  a  majority  vote 
of  those  present  and  voting  thereon  to  accept  the  same. 
The  warrant  for  notifying  such  meeting,  if  called  spe- 
cially as  aforesaid,  shall  specify  when  the  polls  shall  be 
opened  for  the  purpose  of  voting  and  when  they  shall  be 
closed. 


Acts,  1895.  — Chaps.  452,  453.  515 

Section  18.  So  much  of  this  act  as  authorizes  the  sub-  g^g^'" '° '"'"^ 
mission  of  the  question  of  its  acceptance  to  the  legal  voters 
of  said  city  shall  take  eftect  upon  its  passage,  but  it  shall 
not  take  further  effect  unless  and  until  accepted  as  herein- 
before provided,  by  the  qualitied  voters  of  said  city ;  and 
the  number  of  meetings  called  for  the  purpose  of  voting 
upon  the  question  of  its  acceptance  shall  not  exceed  three 
in  any  one  year.  Approved  June  4, 1895. 


Chaj)A52 


approved  by 

insurance 

commissioner. 


An  Act  establishing  the  salaries  of  the  employees  in  the 
office  of  the  state  fire  makshal. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  state  fire  marshal  may  employ  in  his  Employees  in 
office  a  clerk  at  an  annual  salary  of  fourteen  hundred  dol-  fil^Tnafshai? 
lars,  two  stenographers  at  an  annual  salary  not  to  exceed  compensation 
eleven  hundred  dollars  each,  two  chiefs  of  aid  at  an  annual 
salary  of  twelve  hundred  dollars  each,  eleven  aids  and  one 
chief  of  secret  service  at  an  annual  salary  of  one  thousand 
dollars  each,  and  a  messenger  at  an  annual  salary  not  to 
exceed  four  hundred  dollars. 

Section  2.  The  insurance  commissioner  shall  approve  accouh 
all  accounts  of  the  fire  marshal,  which  shall  be  properly  " 
itemized  before  they  are  submitted  to  the  auditor  of  the 
Commonwealth  for  payment,  and  the  same  shall  be  allowed 
in  the  same  manner  as  other  claims  against  the  Common- 
wealth. 

Section  3.     All  acts  and  parts    of  acts   inconsistent  Repeal. 
herewith  are  hereby  repealed. 

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

Approved  June  4,  1895. 

An  Act  relative  to  tlumbing.  Cliart  4 "IS 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  provisions  of  chapter  four  hundred  1^4,455,  not  to 
and  fifty-five  of  the  acts  of  the  year  eighteen  hundred  and  until  accept'ed 
ninety-four  shall  not  be  operative  in  any  town  until  accepted  ^^  *°'^°* 
by  vote  of  a  majority  of  the  voters  of  such  town  present 
and  voting  thereon  at  a  town  meeting,  and  the  provisions 
of  section  seven  of  said  chapter  shall  not  l)e  operative  in 
any  city  until  accepted  by  vote  of  its  city  council. 

Section  2.     Any  city  may,  by  vote  of  its  city  council,  ^,7!';;'a*^"J- 
exempt  from  the  provisions  of  said  chapter  four  hundred  exempt? 


516  Acts,  1895.  —  CiiArs.  454,  455,  456. 

and  fifty-five  any  or  all  of  its  territory  lyinir  outside  of  the 
limits  of  the  water  supply  of  such  city,  or  unconnected 
with  a  common  sewer.  Approved  June  4,  1S05. 

CJlCCpA54:      ^^  -^CT  EELATrV'E  TO  THE   STATE   NORMAL  SCHOOL  AT   LOAVELL. 

Be  it  enacted,  etc.,  as  follotos: 
state  normal  Section  1.     The  state  board  of  education  may  expend 

school  at  ,  1      1     II  •  1 

Lowell.  a  sum  not  exceeding  twenty-hve  thousand  dollars  in  the 

construction  of  the  huildina'  for  the  state  normal  school  at 
Lowell,  in  addition  to  any  amounts  heretofore  authorized 
to  be  expended  for  that  puri)ose. 

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

Approved  June  4,  1895. 

C7iap.4:55  -^.n  Act  to  authorize  the  crrv  of  Worcester  to  make  an 

ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

hldebt"dnes9  Section  1.     Tlic  city  of  Worcester,  for  the  purpose 

beyotid  d(  bt       Qf  jjuildiniT  an  additional  reservoir  on  Tatnuck  brook,  one 

limit  tor  extcn-  ~  ...        ,  x-  x  i  i     c 

siou  of  water  of  its  prcseiit  Utilized  sources  of  water  supply,  and  lor 
the  purpose  or  extending  and  improving  the  pipe  service 
of  said  city  and  for  any  other  necessary  expenditures  in 
connection  with  the  extension  of  its  water  works  may,  by 
vote  of  the  city  council,  borrow  from  time  to  time  such 
suras  of  money  to  an  amount  not  exceeding  five  hundred 
thousand  dollars  in  excess  of  the  limit  of  indebtedness 
fixed  l)y  law  and  in  addition  to  the  amount  of  the  water 
loans  heretofore  authorized,  as  it  shall  deem  necessary, 
subject  to  the  provisions  of  chapter  twenty-nine  of  the 
Public  Statutes. 

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

A2)proved  June  4,  1895. 


works. 


Chan  456  -^^  ^^^  "^^  exempt  veteran  soldiers  and  ii 

'  T>.\Y\TFVT    OF    FF.F.S    FOTf    ATTnTTONF.F.RS' 


SAILORS   FROM    THE 
PAYMENT   OF  FEES   FOR  AUCTIONEERS'  LICENSES. 

Be  it  enacted,  etc.,  asfolloics: 
Veteran  Boidiero      Sectiox  1.     Xo  fcc  for  the  issuins;  of  anv  auctioneers' 

and  BauorB  i      n   .  i  i  i  t  '^  'i"  •  i        i.   • 

exempt  from  liccnsc  shall  bc  charged  to  any  soldier  or  sailor  resident  in 
For.w'iionecrrt'  this  Comiiionwealth  Avho  served  in  the  army  or  navy  dur- 
hceuaes.  j^^^  ^|^^  ^^^^,  ^^  ^^^^  re])ellion  and  who  received  an  honorable 

discharge  from  such  service. 

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

Approved  Jane  4,  ISO 5. 


Acts,  1895.  — Chaps.  457,  458.  517 


An  Act  to  provide  for  the  appointment  of  officers  of  the  (7/^^^.457 

MUNICIPAL  court   OF   THE   CITY   OF   BOSTON.  ^ 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.     The  justices  of  the  municipal  court  of  the  officers  for 
city  of  Boston,  or  a  majority  of  them,  shall  appoint  officers  upou'cmm, 
for  attendance  upon  the  several  sessions  ot  said  court,  in  at|i)ointment, 
number  not  exceeding  six  for  criminal  business  and  two 
for  civil  business. 

Section  2.     Such  officers  shall  have  authority  to  serve  Powers  and 
such  warrants,  orders  and  processes  issuing  from  said  court 
as  shall  be  committed  to  them  by  said  court. 

Section  3.     Such  officers  shall  be  paid  the  same  com-  compeusation. 
pensation  and  in  the  same  manner  as  is  now  provided  by 
law  for  constables  of  said  court. 

Section  4.     Each  officer  so  appointed  shall  give  to  the  To  give  bond, 
treasurer  of  the  county  of  Suffolk  a  bond  with  sufficient 
sureties,  to  be  approved  by  the  chief  justice  of  said  court, 
for  the  faithful  performance  of  his  duties,  in  the  sum  of 
one  thousand  dollars. 

Section  5.     A  majority  of  the  justices  of  said  court  Removal,  etc 
may  at  any  time  remove  any  of  said  officers  for  cause 
deemed   by  them   sufficient,   and    shall  fill  any  vacancy 
caused  by  such  removal  or  otherwise. 

Section  6.     Section  sixty-three   of  chapter  one  hun-  Repeal. 
dred  and  fifty-four  of  the  Public  Statutes,  and  all  acts  and 
parts  of  acts  inconsistent  herewith,  are  hereby  repealed. 

Section  7.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  July  m  the  year  eighteen  hundred  and  ninety-five. 

Ajiiwoved  June  4,  1895. 


July  1,  1895. 


An  Act  confirming  certain  proceedings  of  the  city  of  new 
bedford  and  its  officers  relative  to  cemeteries. 


ChapA58 


Beit  enacted,  etc.,  asfolloivs: 

Section  1 .     The  ordinance  passed  by  the  city  council  certain  ordi- 

,  I  ''  "  nances  of  city 

of  the  city  ot  New  Bedtord  and  approved  by  the  mayor  of  New 
on  the  ninth  day  of  November  in  the  year  eighteen  hun-  urmed,  etc. 
dred  and  ninety-three,  entitled  "  An  ordinance  relating  to 
cemeteries  ",  and  the  ordinance  passed  by  said  city  council 
on  the  eleventh  day  of  April  and  approved  by  the  mayor 
on  the  twelfth  day  of  April  in  the  year  eighteen  hundred 
and  ninety-five,   entitled    "An    ordinance   amending   an 


518  Acts,  1895.  —  Chaps.  459,  460. 

ordinance  relatinir  to  cometeries  passed  Xov.  9th,  1893  ", 
shall  have  full  force  and  effect,  and  the  same  are  hereby 
ratified,  contirmed  and  made  valid. 

Certain  acts  of  SECTION    2.        All  acts  and  doino^  of  the  board  of  alder- 

men coufirmed.  men  of  the  city  of  New  liedford  in  respect  to  cemeteries, 
between  the  tifteenth  day  of  Aiii>:ust  in  the  year  eighteen 
hundred  and  ninety-four  and  the  date  of  the  passage  of 
this  act,  are  hereby  ratitied  and  contirmed. 

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

Approved  Jane  4, 1893, 


QJian.4:5Q  ^^  -^^"^   '^'^  PROVIDE   CLERICAL   ASSISTANCE   FOR    THE   REGISTER   OF 
PROBATE  AND  INSOLVENCY   FOR  THE   COUNTY  OF  MIDDLESEX. 


Clerical 
aBBistauce. 


Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  register  of  prol:)ate  and  insolvency 
for  the  county  of  Middlesex  shall  be  allowed,  in  addition 
to  the  amount  now  authorized  by  law,  a  sum  not  exceed- 
ing fifteen  hundred  dollars  a  year  for  clerical  assistance 
actually  rendered,  to  be  so  allowed  from  the  first  day  of 
January  in  the  year  eighteen  hundred  and  ninetj'-five,  to 
l)e  paid  from  the  treasury  of  the  Commonwealth  upon  the 
ofiicial  certificate  of  the  judge  of  probate  and  insolvency 
for  said  county. 

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

Approved  June  4,  1895. 


GJian  460   ^^    ■^^'^    relative    to    the     ACKNOWLEDGMENT     AND     PROOF     OF 

WRITTEN   INSTRUMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Acknowiedg.  Section  1.     Kothiug  Contained  in   chapter  two  hun- 

certl.i'n'^wr'it'ten  drcd  and  fifty-threc  of  the  acts  of  the  year  eighteen  hun- 
inBtrumente.  ^^,^^  ^^^^j  niuety-four  sliall  be  construed  to  prevent  the 
acknowledgment  of  conveyances  and  other  written  instru- 
ments in  the  form  and  manner  lawfully  used  before  the 
passage  of  said  act ;  or  the  recording  of  conveyances  and 
other  written  instruments  so  acknowledged  without  for- 
malities other  than  those  required  before  the  passage  of 
said  act. 

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

App7'oved  June  4,  1895. 


Acts,  1895.  — Chaps.  461,  462.  519 

An   Act  relative   to   discriminations  in   public    places    on  QJiapAQl 

ACCOUNT  OF  RACE  OR  COLOR. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     Whoever  makes  any  distinctioD,  discrimi-  ^tcriminauon, 
nation  or  restriction  on  account  of  color  or  race,  or  ex-  etc.,  in  pubuc ' 

T11T1  n  A'   P'f'ces  ou 

cept  for  good  cause,  applicable  alike  to  all  persons  oi  account  of  race 
every  color  and  race  whatsoever,  in  respect  to  the  admis-  °'^''°°  • 
sion  of  any  person  to  or  his  treatment  in  any  theatre, 
skatins:  rink  or  other  public  place  of  amusement,  whether 
such  theatre,  skating  rink  or  place  be  licensed  or  not, 
or  public  conveyance,  pul)lic  meeting,  inn,  barber  shop 
or  other  public  place  kept  for  hire,  gain  or  reward, 
whether  licensed  or  not  licensed,  or  whoever  aids  or  in- 
cites such  distinction,  discrimination  or  restriction  shall, 
for  each  and  ev^ery  such  ofience,  forfeit  and  pay  to  the 
person  aggrieved  thereby  a  sum  not  less  than  twenty-five 
dollars  nor  more  than  three  hundred  dollars,  to  be  recov- 
ered in  an  action  of  tort  in  any  court  of  competent  juris- 
diction in  the  county  where  the  said  offence  shall  have 
been  committed,  and  shall  also  be  deemed  guilty  of  a  mis- 
demeanor and  shall,  upon  conviction  thereof,  be  punished 
by  fine  not  exceeding  three  hundred  dollars  or  by  impris- 
onment not  exceeding  one  year,  or  both  such  fine  and  im- 
prisonment :  provided,  that  no  person  aggrieved  shall  Pro^iao. 
recover,  as  hereinbefore  permitted,  against  more  than  one 
person  by  reason  of  any  one  instance  of  such  distinction, 
discrimination  or  restriction. 

Sectiox  2.     Section  one  of  chapter  three  hundred  and  ^^peai. 
sixteen    of  the   acts  of  the   year  eighteen   hundred   and 
eighty-five  and  chapter  four  hundred  and  thirty-six  of  the 
acts  of  the  year  eighteen  hundred  and   ninety-three  are 
hereby  repealed.  Approved  June  4,  1895. 


Cha2)A62 


An  Act  to  protect  manufacturers  from  the  use  of  coun- 
terfeit LABELS  AND  STAMPS. 

Be  it  enacted,  etc.,  as  follows: 

Sectiox  1.     Any   person,   association   or  union   may  Adoption  of 
adopt  a  label,  trade-mark,  stamp  or  form  of  advertisement  mari^,  eu:.^' 
not  previously  owned  or  adopted  by  any  other  person, 
association  or  union,  and  may  file  the  same  for  record  in 
the  ofiice  of  the  secretary  of  the  Commonwealth,  l)y  leav- 
ing two  copies,  counterparts  or  facsimiles  thereof,  with 


520 


Acts,  1895.  —  Chap.  462. 


Adoption  of 
labels,  trade- 
marks, etc. 


Fee  for  filing, 
etc. 


Rules,  regula- 
tions and  furms 
for  filing,  etc. 


Use,  manufact- 
ure or  sale  of 
counterfeits 
may  be 
restrained,  etc. 


said  secretary  ;  and  shall  file  therewith  a  certificate  speci- 
fyiiiii'  the  name  or  names  of  the  person,  association  or 
union  so  filiuij  such  lal)el,  trade-mark,  stamp  or  form  of 
advertisement,  his  or  its  residence,  location  or  place  of 
business,  the  class  of  merchandise  and  the  particular  de- 
scription of  goods  comprised  in  such  class  to  which  it  has 
been  or  is  intended  to  he  appropriated,  and  the  length  of 
time,  if  any,  during  which  it  has  been  in  use.  Such  cer- 
tificate shall  be  accompanied  l)y  a  written  declaration,  ver- 
ified under  oath  by  the  person  or  some  ofiicer  of  the  asso- 
ciation or  union  by  whom  it  is  filed,  to  the  effect  that  the 
party  so  filing  such  label,  trade-mark,  stamp  or  form  of 
advertisement  has  a  right  to  the  use  of  the  same,  and  that 
no  other  person,  firm,  association,  union  or  corporation 
has  the  right  to  such  use,  either  in  the  identical  form  or 
in  any  such  near  resemblance  thereto  as  may  be  calculated 
to  deceive,  and  that  the  facsimiles,  copies  or  counterparts 
filed  therewith  are  true  and  correct.  There  shall  l)e  paid 
for  such  filing  the  fee  of  one  dollar.  Said  secretary  shall 
deliver  to  such  person,  association  or  union  so  filing  the 
same  a  duly  attested  certificate  of  the  record  of  the  same, 
for  which  he  shall  receive  the  fee  of  one  dollar.  Such 
certificate  of  record  shall  in  all  suits  and  prosecutions  un- 
der this  act  be  sufficient  proof  of  the  adoption  of  such 
label,  stamp,  trade-mark  or  form  of  advertisement.  No 
label,  trade-mark,  stamp  or  form  of  advertisement  shall 
be  recorded  that  would  reasonably  be  mistaken  for  a  label, 
trade-mark,  stamp  or  form  of  advertisement  already  on 
record. 

Sectiox  2.  The  secretary  of  the  Commonwealth  is 
authorized  to  make  rules  and  regulations,  and  ])rescribe 
forms  for  the  filing  of  lal)els,  trade-marks  and  forms  of 
adveiiisement  under  the  provisions  of  this  act. 

Sectiox  3.  The  owner  of  any  such  label,  trade-mark, 
stamp  or  form  of  advertisement  recorded  as  provided  in 
section  one  of  this  act,  may  proceed  by  suit  to  enjoin  the 
manufacture,  use  or  sale  of  any  such  counterfeits  or  imi- 
tations, and  all  courts  having  jurisdiction  thereof  shall 
grant  injunctions  to  restrain  such  manufacture,  use  or  sale, 
and  shall  award  the  complainant  in  such  suit  such  dam- 
ages resulting  from  such  wrongful  manufacture,  use  or  sale 
as  may  l)y  said  court  be  deemed  just  and  reasonable,  and 
shall  require  the  defendant  to  i)ay  to  such  person,  associa- 
tion or  union  the  profits  derived  from  such  wrongful  man- 


Acts,  1895.  — Chap.  462.  521 

ufacture,  use  or  sale  ;  and  such  court  may  also  order  that 
all  such  counterfeits  or  imitations  in  the  possession  or  un- 
der the  control  of  any  defendant  in  such  case  be  delivered 
to  an  officer  of  the  court,  or  to  the  complainant,  to  be 
destroyed.  In  all  cases  where  such  association  or  union 
is  not  incorporated,  suits  under  this  act  may  be  com- 
menced and  prosecuted  by  an  officer  of  such  association 
or  union,  on  behalf  of  and  for  the  use  of  such  association 
or  union,  and  every  member  of  such  association  or  union 
shall  be  liable  for  costs  in  any  such  proceedings. 

Section  4.  Every  person  who,  without  authority  from  penalty  for  im- 
the  owner  of  a  label,  trade-mark,  stamp  or  form  of  adver-  ofiabeKetc!^ 
tisement  recorded  as  aforesaid,  shall  make  or  use  any 
counterfeit  or  imitation  of  such  label,  trade-mark,  stamp 
or  form  of  advertisement,  knowing  the  same  to  be  coun- 
terfeit or  imitation,  and  every  person  who,  without  au- 
thority from  such  owner,  shall  affix,  impress  or  use  such 
label,  trade-mark,  stamp  or  form  of  advertisement  upon 
any  goods  shall  be  punished  by  a  tine  not  exceeding  two 
hundred  dollars,  or  by  imprisonment  not  exceeding  one 
year,  or  by  both  such  line  and  imprisonment. 

Section  5.     Every  person  who  shall  sell  goods  upon  Penalty  for  Baie 
which  such  label,  trade-mark,  stamp  or  form  of  advertise-  fuify  I'abeiiied,'^' 
ment  recorded  as  aforesaid,  or  any  counterfeit  or  imitation  ^^'^' 
thereof  shall  be  unlawfully  impressed,  affixed  or  used,  shall 
be  punished  by  a  tine  not  exceeding  two  hundred  dollars, 
or  l)v  imprisonment  not  exceeding  one  year,  or  by  both 
such  tine  and  imprisonment,  unless  such  person  shall  show 
that  at  the  time  such  goods  came  into  his  possession  he 
did  not  know  that  the  impression,  affixing  or  use  of  such 
label,  trade-mark,  stamp   or  form  of  advertisement  was 
unlawful. 

Section  6.     In  any  suit  or  prosecution  under  the  pro-  Defendant  in 
visions  of  this  act  the  defendant  may  show  that  he  or  it  mYyThow'pi'ior 
was  the  owner  of  such  label,  trade-mark  or  form  of  adver-  ownership. 
tisement,  prior  to  its  being  filed  under  the  provisions  of 
this  act,  and  that  it  has  been  tiled  wrongfully  or  without 
right  liy  some  other  person,  association  or  union. 

Section  7.  Chapter  four  hundred  and  forty-three  of  Repeal,  etc. 
the  acts  of  the  year  eighteen  hundred  and  ninety-three  is 
hereby  repealed.  But  this  repeal  shall  not  affect  any  legal 
proceedings,  civil  or  criminal,  instituted  under  or  by  virtue 
of  said  act ;  and  all  hbels,  trade-marks,  stamps  and  adver- 
tisements already  recorded  according  to  the  provisions  of 


522 


Acts,  1895.  — Chaps.  463,  464. 


Gas  and  electric 
light  commis- 
sioners, ex- 
penses. 


section  four  of  said  chapter,  shall  be  deemed  to  have  been 
duly  recorded  according  to  the  provisions  of  this  act. 

Approved  June  4, 1895. 

ChavAG^  An  Act  relative  to  the  akxiai,  expenditures  and  report  of 
the  board  of  gas  and  klkctric  light  commissioners. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  board  of  gas  and  electric  light  com- 
missioners may  expend  not  exceeding  three  thousand 
dollars  annually  in  procuring  statistics,  books  and  sta- 
tionery, and  for  their  necessary  Incidental  expenses. 
Tlicy  may  also  expend  not  exceeding  three  thousand  dol- 
lars annually  for  clerical  assistance :  inovided,  that  not 
more  than  two  thousand  dollars  a  year  shall  be  paid  to 
the  clerk  of  said  board.  The  amount  expended  under 
this  section  shall  be  assessed  and  collected  as  now  pro- 
vided by  law  for  the  assessment  and  collection  of  the 
other  expenses  of  said  board. 

Section  2.  Thirty-five  hundred  copies  of  the  report 
of  said  board  shall  be  printed  annually  as  a  public  docu- 
ment, and  shall  be  ready  for  distribution  on  the  first 
Wednesday  of  January  or  as  soon  thereafter  as  may  be. 

Section  3.  Chapter  three  hundred  and  fifty-one  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one, 
and  so  much  of  chapter  three  hundred  and  ninety-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four 
as  is  inconsistent  herewith,  are  hereby  repealed. 

Section  4.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  June  4,  1895. 


Annual  report. 


Bepeal. 


NfasBachuBetts 
rihip  Uaual 
Companj'  in- 
corporated. 


Chnr)  464  ^^  ^^"^  "^^  incorporate  tiik  Massachusetts  ship  canal  company. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Oliver  Ames,  Benjamin  J.  Berry,  John 
H.  Dane,  Charles  A.  Cami)bell,  William  F.  llum})hrev, 
Henry  N.  Berry,  Isaac  C.  ^^'yman,  Charles  P.  Mudge, 
Albert  W.  Hurd,  Benjamin  F.  Peach,  Jr.,  Joseph  T. 
"Wilson  and  George  W.  Eldredge,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  ^Massachusetts  Shi])  Canal  Company,  and  as  such  shall 
have  perpetual  succession,  and  by  that  name  may  sue  and 
be  sued,  plead  and  be  impleaded,  in  law  and  equity,  and 
purchase,  receive,  hold  and  convey  real  and  j^tersonal 
estate,  and  the  same  retain  to  themselves,  their  successors 


Acts,  1895.  — Chap.  464.  523 

and  assigns,  so  far  as  it  shall  be  necessary  for  their  accom- 
modation and  convenience  in  the  transaction  of  their  busi- 
ness, and  such  as  is  in  good  faith  conveyed  to  them  by 
way  of  security  or  in  satisfaction  of  debt,  with  all  the 
privileg-es  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  railroad  corporations, 
so  far  as  they  may  be  applicable,  except  as  hereinafter 
provided. 

Section  2.  The  capital  stock  of  said  corporation  shall  capuai  stock 
be  seven  and  a  half  million  dollars,  divided  into  shares  of 
one  hundred  dollars  each ;  and  said  corporation  may  issue 
coupon  or  registered  bonds  to  an  amount  not  exceeding 
in  the  aggregate  the  authorized  capital  stock  of  said  cor- 
poration. Such  bonds  shall  be  issued  in  conformity  with 
the  provisions  of  sections  sixty-two  to  seventy-three,  in- 
clusive, of  chapter  one  hundred  and  twelve  of  the  Public 
Statutes  as  amended  by  chapter  one  hundred  and  ninety- 
one  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
seven,  so  far  as  applicable,  and  said  corporation  may 
mortgage  or  pledge  as  security  for  the  payment  of  such 
bonds  a  part  or  all  of  its  real  or  personal  property  or 
franchise  then  owned  or  thereafter  to  be  acquired.  Said 
corporation  may  issue  stock  and  l)onds  in  payment  for 
lal)or  performed  and  material  furnished  in  the  construction 
of  said  canal,  and  of  property  acquired  for  that  purpose, 
and  to  provide  means  for  funding  its  floating  debt  or  for 
the  payment  of  money  borrowed  for  any  lawful  purpose. 

Section  3.      Said   corporation  may  locate,  construct.  May  construct 

.     ,     ,  1  ,  1      ,  .  .  and  operate  a 

maintain  and  operate  a  canal,  beginning  at  some  conven-  canai,  etc. 
lent  point  in  Nantucket  sound,  near  the  point  where  Bass 
river,  so-called,  in  the  towns  of  Dennis  and  Yarmouth, 
empties  into  said  Nantucket  sound,  and  extending  thence 
to  some  convenient  point  in  Massachusetts  bay  or  Cape 
Cod  bay,  following  the  bed  of  said  Bass  river  during  so 
much  of  its  course  as  may  be  deemed  advantageous  to  said 
corporation;  may  locate,  construct  and  maintain  all  such  May  construct 
wharves,  docks,  structures  and  works  as  maybe  convenient  operate  steam 
or  necessary,  and  may  maintain  and  operate  steam  vessels  '®^^*''^'  ®"'' 
for  transportation,  or  steam  tugs,  or  use  any  other  means 
or  methods  for  assisting  vessels  in  their  approach  to  and 
passage  through  and  from  the  canal.     Said  canal  when 
constructed   shall  have  a  depth  of  not  less  than  twent}'- 
three  feet  at  mean  low  water,  and  shall  be  of  a  width  of 


524 


Acts,  1895.  — Chap.  46i. 


Dispoeition  of 
materials  exca- 
vated from  tide 
■waters,  etc. 


Location,  etc. 


May  take  land, 
materials,  etc. 


Damages. 


Parties  dis- 
eatistied  may 
apply  for  a 
jury. 


Crossing  of 
canal  by  New 
York,  New 
Haven  and 
Hartford  Rail- 
road Company, 
etc. 


not  lessi  than  seventy-five  feet  at  the  bottom  and  not  less 
than  two  hundred  feet  at  the  top,  or  any  part  of  said  canal 
may  be  constructed  of  wood,  stone  or  other  material,  one 
hundred  and  fifty  feet  wide,  vertical.  All  materials  exca- 
vated from  tide  waters  shall  be  disposed  of  to  the  satis- 
faction of  the  harbor  and  land  commissioners,  and  the 
construction  of  the  approaches  from  deep  water  to  either 
end  of  the  canal  shall  be  subject  to  their  supervision. 
Said  canal  when  com})leted  shall  be  under  the  jurisdiction 
of  the  harbor  and  land  commissioners. 

Section  4.  Said  corporation  may  have  its  location  not 
exceeding  one  thousand  feet  wide,  and  shall  tile  the  loca- 
tion thereof  within  six  months  from  the  passage  of  this  act 
with  the  county  commissioners  for  the  county  of  Barnsta- 
ble, defining  the  courses,  distances  and  boundaries  thereof. 
But  said  corporation  shall  not  commence  the  construction 
of  its  canal  until  five  hundred  thousand  dollars  of  its  capi- 
tal stock  has  been  subscribed,  and  one  hundred  thousand 
dollars  thereof  paid  in  cash  to  the  treasurer  of  the  cor- 
poration. 

Section  5.  Said  corporation  may  from  time  to  time 
take  l)y  purchase  or  otherwise  land  and  materials  necessary 
for  making  or  securing  its  canal,  breakwaters,  basins,  docks, 
wharves  or  other  structures  or  works,  in  the  manner  in 
which  land  or  material  is  taken  for  the  construction  of 
railroads. 

Segtic^n  6.  Said  corjioration  shall  pay  all  damages 
occasioned  by  laying  out,  making  and  maintaining  its 
canal,  and  by  taking  any  land  or  materials  therefor :  and 
such  damages  shall  on  the  application  of  cither  party  be 
estimated  by  the  county  commissioners  in  the  manner  pro- 
vided in  case  of  the  laying  out,  making  and  maintaining  of 
railroads. 

Sfx'TION  7.  Either  party,  if  dissatisfied  with  the  esti- 
mate of  the  county  commissioners,  may  at  any  time  within 
one  year  after  the  award  of  the  county  commissioners  has 
been  made,  apply  for  a  jury  to  assess  the  damages.  The 
proceedings  thereon  shall  be  the  same  as  for  the  recovery 
of  damages  for  land  taken  by  railroad  companies. 

Section  8.  Said  corporation  shall,  within  six  months 
from  the  passage  of  this  act,  apply  to  the  boards  of  rail- 
road commissioners  and  of  harbor  and  land  commissioners, 
who,  for  the  purposes  hereinafter  stated,  are  constituted  a 
joint  board,  to  determine  what  provision  shall  be  made  by 


Acts,  1895.  — Chap.  461.  525 

the  canal  company  for  the  crossing  of  said  canal  l)y  the  crossing  of 
Xew  York,  Xcav  Haven  and  Hartford  Railroad  Company,  Yor'k.xew^^ 
and  at  what  point  such  crossing  shall  be  made  by  a  rail-  HanfoM  Rail- 
road drawbridge,  and  for  crossings  for  the  public  where  road  company, 
the  canal  cuts  through  highways.  Said  joint  board,  after 
giving  to  all  parties  interested  such  notice  as  they  shall 
deem  sufficient,  shall  determine  said  matters,  and  shall 
decide  what  arrangement  shall  be  made  for  the  tem))orar3' 
crossing  of  the  location  of  the  canal  company  while  the 
drawbridge  is  being  built,  and  shall  further  decide  at  what 
'  time  said  railroad  company  shall  commence  to  use  said  new 
bridge  and  its  approaches,  and  the  decision  of  a  majority 
of  said  joint  board  shall  be  final.  Said  canal  company 
shall  comply  with  said  decision,  building  and  maintaining 
such  bridges  and  furnishing  such  means  of  crossing  said 
canal  as  shall  be  determined  by  said  joint  board,  but  the 
time  taken  l)y  said  joint  board,  from  the  date  of  said  peti- 
tion to  said  joint  board  to  the  date  of  their  decision,  shall 
be  taken  as  additional  time  to  all  time  limits  and  require- 
ments set  forth  in  this  act.  In  case  the  location  of  said 
railroad  is  changed  where  the  same  crosses  the  location  of 
said  canal  the  former  location  shall  become  the  property 
of  said  canal  company  from  and  after  the  time  when  said 
railroad  company  commences  to  use  said  new  location. 

Section  9.     Said  canal  company  shall  appoint  a  super-  Appointment  of 
intendent  and  all  necessary  assistants  for  every  drawbridge  ent8Tetc^°for 
over  and  ferries  across  said  canal,  which  superintendents  drawbridges, 
and  assistants  shall  be  acceptal^le  to  the  railroad  commis- 
sioners.    Said  superintendent  shall  have  full  and  absolute 
control  over  the  drawbridge  and  ferries  under  his  charge, 
subject  to  such  rules  and  regulations  as  may  from  time  to 
time  be  made  or  approved  by  said  railroad  commissioners. 
In  case  of  injury  to  or  destiaiction  of  the  railroad  bridge 
over  the  canal  the  railroad  company  may  repair  or  rebuild 
it,  and  recover  the  reasonable  expense  thereof  from  the 
canal  company  in  an  action  of  contract,  unless  such  injury 
or  destruction  was  caused  by  the  fault  of  the  railroad  com- 
pany, or  unavoidable  casualty. 

Section  10.     Said  railroad  company  shall  have  its  loca-  Location  of 
tion,  not  exceeding  five  rods  in  width,  upon  any  land  panyTeic?""' 
owned  or  located  upon  by  said  canal  company,  up  to  the 
bridge  where  it  crosses  the  canal,  on  each  side  thereof: 
provided^  that  all  reasonable  use  of  said  location  by  said  Proviso. 
canal  company  for  the  purpose  of  operating  its  canal,  and 


526 


Acts,  1895.  — Chap.  464. 


Penalty  for 
opening  or 
obstructing 
draw,  etc. 


Penalty  for 
damages  to 
bridges,  piers, 
etc. 


P.S.112,  §§  148 
to  155,  to  apply. 


Penalties  and 

forfeitures. 


Toll  upon 
vesHcls,  etc., 
using  canal. 


Towage. 


Penalty  for 
evading  pay- 
ment of  toll,  etc. 


under  the  diroction  of  Iho  railroad  ooniniissionors,  .^liall  be 
peniiittcMl  l)\'llio  railro:ul  company  without  payment  of  rent 
to  the  raih'oad  company. 

Sectiox  1 1 .  AVhoever  unnecessarily  opens  or  obstructs 
any  draw  without  th.c  consent  of  the  superintendent,  or 
without  such  consent  makes  fast  or  moors  any  scow,  raft 
or  other  vessel  to  a  bridge  witliin  wake  of  the  draw,  or 
neglects  or  refuses,  upon  request,  to  unmoor  such  "sessels, 
shall  be  punished  by  fine  of  not  less  than  three  dollars  nor 
more  than  tifty  dollars. 

Sectiox  12.  Whoever  wilfully  injures  or  damages  any 
bridge,  wharf  or  pier,  or  wilfully  disturl)S  or  hinders  the 
superintendent  in  the  discharge  of  his  duties,  shall  forfeit 
to  said  canal  company  for  each  offence  a  sum  not  exceed- 
inir  one  hundred  dollars,  and  be  further  liable  in  damaijes 
to  said  canal  company. 

Skctiox  13.  The  provisions  relating  to  drawbi-idges 
contained  in  sections  one  hundred  and  forty-eight  to  one 
hundred  and  fifty-five,  inclusive,  of  chapter  one  hundred 
and  twelve  of  the  Pul)lic  Statutes,  shall  extend  to  said  rail- 
road bridge  so  far  as  apj)licable,  except  that  such  draw- 
bridge may  be  kept  open  at  all  times  except  when  required 
to  be  closed  for  the  actual  passage  of  trains,  and  except 
that  a  railroad  train  shall  be  allowed  five  minutes  to  cross 
said  draw  instead  of  fifteen  minutes,  as  provided  in  section 
one  hundred  and  fifty  of  said  chapter.  And  the  same 
penalties  and  forfeitures  provided  in  section  one  hundred 
and  fifty-four  of  said  chapter  shall  also  be  in  force  and  may 
be  recovered  of  said  railroad  company,  or  any  engineer  or 
any  superintendent  of  said  bridge,  in  like  manner  as  therein 
provided  in  case  of  the  violation  of  any  of  the  ^irovisions 
of  sections  one  hundred  and  fifty-one  and  one  hundred  and 
fift3^-three  of  said  chapter. 

Section  14.  Said  canal  company  may  establish  for  its 
sole  benefit  a  toll  upon  all  vessels  or  water  craft  of  what- 
ever description  which  may  use  its  canal,  at  such  rates  as 
the  directors  thereof  may  determine,  and  may  from  time 
to  time  regidate  such  use  in  all  respects  as  said  directors 
may  determine.  Said  corporation  shall  also  furnish  tow- 
age through  said  canal  for  all  vessels  or  wafer  craft  which 
require  it,  for  which  service  it  may  establish  for  its  sole 
benefit  a  toll  at  such  rates  as  said  directors  may  determine. 

Section  15.  "Whoever  fraudulently  evades  or  attempts 
to  evade  the  pa^Tuent  of  any  toll  lawfully  established  imder 


Acts,  1895.  —  Chap.  464.  527 

this  act,  either  by  misrepresenting  the  register  or  draught 
of  any  vessel  or  otherwise,  shall  be  punished  by  a  fine  of 
not  less  than  fifty  nor  more  than  five  hundred  dollars,  said 
penalty  to  be  paid  over  to  said  canal  company. 

Section  16.     To  defray  the  expenses  and  compensate  compeneauon 
the  county  commissioners  for  services  rendered  under  this  missi^n^rs^^c. 
act  it  shall  be  the  duty  of  said  canal  company  to  pay  each 
of  said  commissioners  the  sum  of  five  dollars  a  day  for  time 
actually  spent  in  the  discharge  of  their  duties  :  provided,  Pi'oviBo. 
that  said  canal  company  shall  not  be  required  to  pay  either 
of  said  commissioners  for  more  than  fifty  days'  service  in 
one  year. 

Section    17.     Whoever   wilfully  and   maliciously  ob-  Penaityfor 
structs  the  passms;  ot  any  vessel  or  steam  tus;  or  other  approaches  to 

c<iD^l   etc 

"water  craft,  in  said  canal,  or  obstructs  the  api)roaches  to 
said  canal  within  two  thousand  feet  of  either  extremity 
thereof,  or  in  any  way  injures  said  canal,  or  its  banks, 
breakwaters,  docks,  wharves,  locks,  gates  or  other  struct- 
ures or  works,  or  anything  ap})ertaining  thereto,  or  any 
materials  or  implements  for  the  construction  or  use  thereof, 
or  aids  or  abets  in  such  trespass,  shall  forfeit  to  the  use  of 
said  canal  company,  for  such  oflTence,  treble  the  amount 
of  damages  proved  to  have  been  sustained,  thereby,  to  be 
recovered  in  an  action  of  tort  in  the  name  of  said  canal 
company  ;  and  may  further  be  punished  by  a  fine  not  ex- 
ceeding one  thousand  dollars  or  imprisonment  for  a  term 
not  exceeding  one  year. 

Section  18.     Said  canal  company  shall  pay  to  the  sec-  Payments  to 
retary  of  the  Commonwealth,  on  receiving  the  certificate  treasurer  of  the 
of  incorporation,  the  sum  of  fifty  dollars  'f  and  shall  also  commonwealth. 
pay  to  the  treasurer  of  the  Commonwealth  such  sums  of 
money  as  shall  be  fixed  by  the  governor  and  council  as 
compensation  for  the  services  and  expenses  of  the  boards 
of  railroad  commissioners  and  of  the  harbor  and  land  com- 
missioners for  performing  the  duties  imposed  on  them  as 
a  joint  board  under  the  provisions  of  this  act.     Said  allow- 
ance for  expenses  shall  include  the  compensation  for  such 
expert  engineers  as  may  be  employed  by  said  joint  board. 

Section  19.     Said  canal  company  shall  not  be  required  ^o^®^„^X^*t 
to  pay  any  taxes  to  the  Commonwealth  until  the  canal  of  certain  taxes. 
shall  have  been   opened  for  use  for  three  years.     And 
until  the  expiration  of  said  three  years  the  property  of 
said  canal  company  shall  be  exempt  fi'om  local  taxation, 
except  that  the  towns  of  Dennis  and  Yarmouth  may  tax 


528 


Acts,  ISOr,.  — Chap.  464. 


^Nfjiy  be  declared 
void  unless  cer- 
tain conditiouB 
aro  complied 
with. 


To  give  bonds, 
etc. 


Canal  to  be  con- 
siructed  within 
five  years,  etc. 


To  deposit 
$150,UU0  with 
the  treasurer  of 
the  CJommon- 
wealth,  etc. 


iBBues  of  stock 
anil  bonds  to  be 
approved  by 
joint  board. 


the  real  estate  taken  by  said  canal  company,  at  a  value 
not  exceeding  the  assessed  valuation  at  the  time  of  such 
taking. 

Sectiox  20.  Unless  before  the  first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-six  five  hundred 
thousand  dollars  of  said  capital  stock  has  been  subscribed, 
and  one  hundred  thousand  dollars  paid  in  and  actually 
used  for  the  construction  of  said  canal,  this  act  may  be 
declared  void  by  the  supreme  judicial  court,  on  the  appli- 
cation of  five  citizens  of  this  Commonwealth. 

Section  21.  Said  canal  company  shall  before  entering 
upon,  removing,  altering  or  otherwise  interfering  with 
any  public  highway  crossing  the  proposed  line  of  said 
canal,  give  to  each  of  the  towns  of  Yarmouth  and  Dennis 
a  bond,  with  sureties  satisfactory  to  the  selectmen  of  said 
towns,  respectively.  The  penal  sum  of  each  of  said  bonds 
shall  not  exceed  fifty  thousand  dollars,  and  the  bonds  shall 
be  conditioned  to  save  said  towns,  respectively,  harmless 
from  all  loss  and  expense  occasioned  by  the  removal  or 
alteration  of,  or  interference  with,  said  public  highways 
by  reason  of  the  construction  of  said  canal. 

Section  22.  Said  canal  company  shall,  within  five 
years  from  the  date  of  its  charter,  construct  or  otherwise 
complete  said  canal.  And  if  said  canal  company  fails  to 
comply  with  the  requirements  of  this  section  this  act  may 
be  declared  void,  as  provided  in  section  twenty,  and  all 
buildings,  machinery  and  personal  property  of  said  canal 
company  located  on  said  canal  shall  become  the  property 
of  the  Commonwealth,  and  the  location  of  the  canal  shall 
become  the  property  of  the  towns  in  which  it  is  situated. 

Section  23.  The  provisions  of  this  act  shall  be  null 
and  void  unless  said  canal  company  deposits  with  the 
treasurer  of  the  Commonwealth  the  sum  of  one  hundred 
and  fifty  thousand  dollars  within  six  months  after  the 
passage  of  this  act,  which  sura  shall  be  forfeited  to  the 
C\)mmon wealth  unless  the  work  of  construction  is  com- 
menced within  one  year  and  completed  within  five  years 
from  the  passage  of  this  act.  Said  sum  of  one  hundred 
and  fifty  thousand  dollars  shall  be  refunded  to  said  canal 
company  when  said  canal  is  in  operation,  if  not  forfeited 
under  the  provisions  of  this  section. 

Section  24.  All  issues  of  stock  and  bonds  under  the 
provisions  of  this  act  shall  be  subject  to  approval  and 
certification  by  the  joint  ])oard  provided  for  in  section 


Acts,  1895.  — Chap.  ^65.  529 

eight  of  this  act,  in  the  manner  provided  in  chapter  four 
hundred  and  sixty-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  relative  to  the   issue  of  stock 
and  bonds  by  railroad  and  street  railway  companies. 
Sectiox  25.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1895. 


Ax  Act  to  increase  the  efficiency  of  the  militia.  (7/l«Z).4:65 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section   1.     No   person,    except   the  judge   advocate  Eligibility  to 
general  and  four  aides-de-camp,  shall  be  eligible  to  ap-  staff  0°  ™om-  °'^ 
pointment  on  the  staff  of  the  commander-in-chief  unless  ^'lef!^''"'"' 
he  has  served  at  least  three  3'ears  in  the  volunteer  militia 
of  this  Commonwealth,  or  unless  he  has  been  honorably 
discharged  or  retired  from  the  military  or  naval  service 
of  the  United  States. 

Sectiox  2.     The  allowance  to  the  adjutant  general  for  certain  aiiow- 
such   additional    clerks   and    other  assistants  as  may  be  general ""  ■'*'^*"' 
necessary  to  conduct  the  business  of  his  department,  and  i^^w^^^ed. 
of  the  quartermaster's  and  ordnance  bureau,  as  provided 
in  section  thirteen  of   chapter  three  hundred  and  sixty- 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three,  shall  be  increased  from  six  thousand  dollars  to  six 
thousand  three  hundred  dollars  a  year. 

Section  3.     The  relative  rank  of  commissioned  officers  Rank  of  com. 
of  the  same  grade  and  date  of  commission  shall  onlv  be  cere,  how  deter- 
determined  by  lot  as  provided  in  section  thirty-three  of  ^J^s*! ''' ''"'*'° 
chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three,  where  there  has 
been  no  previous  military  service.     Such  previous  ser- 
vice shall  count,  as  in  the  army  or  navy  of  the  United 
States,  and   in   the    volunteer  militia  or  enrolled  militia 
of  this  Commonwealth    only,   and   in   the    order   herein 
named. 

Section  4.  The  commander-in-chief  may,  at  any  time,  certain  ofBcers 
retire  any  commissioned  officer  who  shall  have  been  by  ^"^  ^  ® 
him  ordered  before  a  medical  board  consisting  of  at  least 
three  commissioned  medical  officers,  or  a  retiring  board 
consisting  of  at  least  three  commissioned  officers,  and 
upon  whom  such  a  board  shall  have  made  report  showing 
such  officer  to  be  physically  or  otherwise  unable  to  prop- 
erly perform  the  duties  of  his  office. 


530 


Acts,  1895.  — CiiAr.  ^65, 


Use  of 
armories. 


Drilling,  parad- 
ing, etc.,  with 
firearms  of 
associations 
other  than  the 
militia,  etc. 


Provisos. 


Penalty  for 
parading,  etc. 
contrary  to 
law,  etc. 


Sectiox  5.  Armories  provided  for  the  militia  under 
the  provisions  of  chapter  three  hundred  and  eighty-four 
of  the  acts  of  the  year  eiii'hteen  hundred  and  eighty-eight 
shall  not  be  used  except  by  the  active  militia  of  this  Com- 
monwealth, and  they  shall  not  be  loaned  or  let  to  any  one 
except  for  a  proper  military  purpose,  and  then  only  when 
the  api)lication  is  approved  by  the  commander-in-chief 
and  intermediate  commanders. 

Section  6.  No  body  of  men  Trhatsoever,  other  than 
the  regularly  organized  corps  of  the  militia,  the  troops  of 
the  United  States  and  the  Ancient  and  Plonorable  Artillery 
Company  of  Boston,  shall  maintain  an  amiory  or  associate 
themselves  together  at  any  time  as  a  company'  or  organiza- 
tion, for  drill  or  parade  with  firearms,  in  any  city  or  town 
of  this  Commonwealth ;  nor  shall  any  city  or  town  raise 
or  appropriate  any  money  toward  arming,  equipping,  uni- 
forming or  in  any  way  supporting,  sustaining  or  provid- 
ing drill  rooms  or  armories  for  any  such  body  of  men : 
provided,  that  associations  wholly  composed  of  soldiers 
honorably  discharged  from  the  service  of  the  United  States 
may  parade  in  public  with  arms,  upon  the  rece|)tion  of  any 
regiments  or  companies  of  soldiers  returning  from  said 
service,  and  for  the  purpose  of  escort  duty  at  the  burial  of 
deceased  soldiers,  having  first  obtained  the  written  per- 
mission so  to  do  of  the  mayor  and  aldermen  of  the  cities 
or  selectmen  of  the  towns  in  which  they  desire  to  parade ; 
and  2)rf)vided,  fni-ther,  that  students  in  educational  institu- 
tions where  military  science  is  a  prescribed  part  of  the 
course  of  instruction  may,  with  the  consent  of  the  gov- 
ernor, drill  and  parade  with  firearms  in  public,  under  the 
superintendence  of  their  teachers.  This  section  shall  not 
be  construed  to  prevent  any  organization  heretofore  au- 
thorized thereto  by  law  from  parading  with  sidearms,  or 
to  prevent  any  veteran  association  comprised  wholly  of 
past  members  of  the  militia  of  this  Commonwealth  from 
maintaining  an  armory  for  the  use  of  the  organizations  of 
the  said  militia  from  which  the  said  veteran  association 
originated. 

Sectiox  7.  Whoever  violates  the  provisions  of  the 
preceding  section,  or  belongs  to  or  parades  with  any  such 
unauthorized  body  of  men  with  firearms,  shall  be  punished 
by  a  fine  not  exceeding  fifty  dollars  or  by  imprisonment 
in  the  house  of  correction  or  common  jail  for  a  term  not 
exceedinir  six  months,  or  both. 


Acts,  1895.  — Chaps.  ^66,  167.  531 

Sectiox  8.     The  commander  of  an  am])nlance    corps  Allowances  to 

1      11  .  n  ,.    /.,..         1     11  £■        cotumanciers  of 

shall  receive  an  allowance  ot  titty  dollars  per  annum  tor  ambulance 
the  care  of  and  responsibility  for  military  property  of  the  ''°""p^' 
Commonwealth  in  his   charge,   in  lieu  of  the  allowance 
heretofore  provided  in  section  one  hundred  and  twenty- 
eight  of  chapter  three  hundred  and  sixty  seven  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three. 

Section  9.     So  much  of  chapter  three  hundred  and  Repeal, 
sixty-seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  as  is  inconsistent  herewith  is  hereby  repealed. 

Approved  June  4,  1S95. 


An  Act  to  coxfirm  the  neav  divisiox  of  the  city  op  lowell  CjIiqv)  45R 

IXTO  NINE  WARDS. 

Be  it  enacted^  etc.,  asfoUotos: 

Sectiox  1.     The  new  division  of  the  citv  of  Lowell  New  division 

-      .  >     1  "^   1         •  '°'''  wards  con- 

mto  nine  wards,  made  m  pursuance  ot  the  authority  con-  firmed. 
ferred  by  an  act  to  provide  for  the  re-division  of  the  city 
of  Lowell  into  wards,  approved  on  the  sixth  day  of  April 
in  the  year  eighteen  hundred  and  ninety-five,  is  hereby 
ratified  and  confirmed. 

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

Ap)proved  June  4,  1895. 


An  Act  to  authorize  the  trustees  of  the  Worcester  lunatic  (J]iar>  467 

HOSPITAL  TO   SELL  AND   CONVEY  CERTAIN  LANDS. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     The   trustees   of   the   Worcester   lunatic  May  sen  and 
hospital  are  hereby  authorized  to  sell  and  convey  to  the  w.^^  *'^'^''"° 
city  of  Worcester,  on  such  terms  and  conditions  as  said 
trustees  may  approve,  a  tract  of  land  not  exceeding  six 
acres  in  extent,  comprising  part  of  the  land  purchased  for 
and  appropriated  to  the  use  of  said  hospital;  and  said 
trustees  are  authorized  to  apply  the  proceeds  of  said  sale 
to  such  hospital  purposes  as  they  shall  deem  proper :  j^^'o-  Proviso. 
vided,  hoicever,  that  no  portion  of  the  proceeds  of  said  sale 
shall  be  used  for  the  payment  of  current  expenses  of  said 
hospital. 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  Jane  4,  1895. 


532  Acts,  1895.  — Chaps.  ^68,  469,  470. 


ChapAGQ   ^N   ^CT   TO   ATTHORIZE    THE    FALL    RFV^ER    IRON   WORKS    COMrAXY 

TO   INCREASE  ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc.,  asfolloios: 

Stai  Block!  Section  1.  The  Fall  Kiver  Iron  Works  Company  is 
hereby  authorized  to  increase  its  capital  stock  to  an 
amount  not  exceeding  two  million  dollars. 

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

Approved  June  4,  1895. 


ChapAm 


An  Act  relath'e  to  sentence  in  criminal  cases. 
Be  it  enacted,  etc.,  asfolloios: 
Sentence  to  be        SECTION  1.     On  convictiou  of  any  offcncc  not  punish- 
certaiu  cases.     al)le  by  death,  sentence  shall  be  imposed  notwithstanding 

exceptions  or  appeal. 

Entry  of  appeal,       SECTION  2.     The  rcserving,  filing  or  allowing  of  excsp- 

exe'cution  of       tions,  or  the  entry  of  an  appeal,  shall  not  stay  execution 

certai°n  08^68.      of  Sentence  unless  the  justice  imposing  sentence,  or  some 

justice  of  the  supreme  judicial  court,  shall  file  a  certificate 

that  in  his  opinion  there  is  reasonable  doubt  whether  the 

judgment  should  stand. 

Custody  of  Section  3.     When  a  stay  of  proceedings  is  ordered  as 

when  stay  of  '  providcd  in  the  preceding  section  the  judge  may  at  the 

Crderedl"^^ '"     samc  timc  make  such  order  as  the  case  requires  for  the 

custody  of  the  defendant  or  for  admitting  him  to  bail. 
Repeal.  SECTION  4.     Scctiou  twclve  of  cliaptcr  one  hundred  and 

fifty-three  of  the  Public  Statutes,  and  section  one  of  chap- 
ter three  hundred  and  sixty-two  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one,  so  far  as  they  apply  to 
criminal  cases,  are  hereby  repealed. 

Ap2Jroved  June  4,  lS9o. 


ChapAlO 


An    Act    ruoviuiNG    for    repairs    on    the    court    house   at 

TAUNTON. 


certain  sum. 


Be  it  enacted,  etc.,  as  follows: 
County  commie-  Section  1.  The  couutv  commissioncrs  of  the  county 
borrow""^  of  Bristol  are  hereby  authorized  to  borrow  on  the  credit 
of  said  county  a  sum  not  exceeding  fifteen  thousand  dol- 
lars for  the  purpose  of  making  necessary  rei)airs  on  the 
roof  of  the  court  house  at  Taunton. 

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

Apxiroved  June  4,  1895. 


Acts,  1895.  — Chap.  471.  533 


An  Act  to  regulate  steam  engineering.  Ohon  471 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     It  shall  be  unlawful  for  any  person  to  have  Persons  in 
charge  of  or  to  operate  a  steam  boiler  or  engine  in  this  uu^ltelm^^' 
Commonwealth,  except  locomotive    boilers  and  engines,  be'ifcens'^ed!' *° 
boilers  in  private  residences,  boilers  under  the  jurisdiction 
of  the  United  States,  and  boilers  used  for  agricultural  pur- 
poses exclusively  or  of  less  than  eight  horse  power,  unless 
he  holds  a  license  as  hereinafter  provided ;  and  it  shall  be 
unlawful  for  any  owner  or  user  of  any  steam  boiler  or 
engine,  other  than  those  above   excepted,  to  operate  or 
cause  to  be  operated  a  steam  boiler  or  engine  for  a  period 
of  more  than  one  week  without  a  duly  licensed  engineer 
or  fireman  in  charge. 

Section  2.  Any  person  desiring  to  act  as  an  engineer  Granting  of 
or  fireman  shall  make  aj^plication  to  so  act  to  an  examiner  ''•=®°^*^^'  ^^°- 
of  engineers,  upon  blanks  furnished  by  the  examiner,  and 
if  upon  examination  the  applicant  is  found  trustworthy  and 
competent  a  license  shall  be  granted  to  said  applicant  to 
have  charge  of  or  to  operate  such  steam  plants  as  the  ex- 
aminer may  find  him  qualified  to  have  in  keeping.  Such 
license  shall  continue  in  force  for  three  years  unless  after 
proper  hearing  it  is  sooner  revoked,  for  intoxication  or 
other  suflicient  cause,  and  may  be  renewed  every  three 
years  on  application  to  the  authority  granting  the  same, 
or  at  such  time  as  may  be  determined  by  said  authority. 

Section  3.  Licenses  shall  be  granted  according  to  the  classes  of 
competency  of  the  applicant,  and  shall  be  divided  into  "senses,  etc. 
classes  as  follows  :  —  First  Class.  Engineers'  licenses  of 
this  class  shall  be  unlimited  as  to  horse  power.  Second 
Class.  Engineers'  licenses  of  this  class  shall  be  limited  to 
one  hundred  and  fifty  horse  power.  Third  Class.  Engi- 
neers' licenses  of  this  class  shall  be  limited  to  fifty  horse 
power.  A  fireman's  license  shall  be  issued  to  any  person 
who,  after  having  passed  an  examination,  as  herein  pro- 
vided, shall  have  been  found  competent  to  take  charge  of 
or  to  operate  any  steam  boiler  or  boilers.  Any  person 
desiring  to  operate  any  particular  steam  plant  may  so  state 
to  the  examiner,  and  he  shall  be  examined  as  to  his  fitness 
to  operate  that  particular  plant,  and  if  found  competent  and 
trustworth}^  shall  be  granted  a  license,  termed  a  special 
license,  for  that  particular  plant,  and  such  license  shall  be 
in  force  for  three  vears. 


534 


Acts,  1895.  — Chap.  472. 


Examiners. 


Duties  of 
examiners. 


Sl!io°n  ^^"°^  Section'  4.     The  fee  for  examination  for  applicants  for 

license  shall  be  one  dollar,  to  be  paid  at  the  time  of  the 
application  for  examination,  and  one  dollar  for  each  re- 
newal of  license.  All  sums  paid  as  aforesaid  shall  be 
received  by  the  examiner,  and  shall  be  paid  over  by  him 
monthly  to  the  treasurer  of  the  Commonwealth  if  such 
examiner  is  a  member  of  the  district  police,  otherwise  to 
the  treasurer  of  the  town  or  city  by  which  such  examiner 
is  emplo^'ed. 

Section  5.  The  members  of  the  boiler  inspection  de- 
partment of  the  district  police  shall  act  as  examiners  and 
enforce  the  provisions  of  this  act. 

Section  (>.  It  shall  be  the  duty  of  the  examiners  to 
notify  every  person  operating  a  boiler  or  engine  mentioned 
in  section  one  and  not  included  among  the  exceptions 
therein  specified,  to  ajjply  for  a  license  under  this  act  and 
to  give  such  person  a  reasonable  op})ortunity  to  take  an 
examination  therefor  within  the  town  or  city  in  which  he 
is  engaged  in  operating  such  boiler  or  engine.  The  ex- 
aminer shall  issue  a  license  or  shall  notify  the  applicant  of 
his  rejection  within  forty-eight  hours  after  his  examination. 

Section  7.  Any  person  dissatisfied  with  the  action  of 
an  examiner  in  refusing  or  in  revoking  a  license  may 
appeal  to  the  chief  of  the  district  police,  w^hose  decision 
shall  be  final. 

Section  8.  AVhoever,  after  being  notified  as  provided 
in  section  six,  intentionally  violates  the  ])rovisions  of 
section  one  of  this  act  shall  be  punished  by  fine  not  ex- 
ceeding three  hundred  dollars  or  by  im})risonment  not 
exceeding  three  months. 

Section  9.  This  act  shall  take  effect  on  the  first  day 
of  August  in  the  year  eighteen  hundred  and  ninety-five, 
and  any  person  applying  for  a  license  as  engineer  or  fire- 
man on  or  before  that  date  shall  be  deemed  to  have  com- 
plied with  the  provisions  of  this  act  until  his  application 
is  passed  upon  or  rejected  by  the  proper  authorities. 

Approved  June  5^  1895. 

ChapA72  -A^  -^CT  TO  ESTABLISH  THE  OLD    COLONY  COMMISSION  AKD  DEFINE 

ITS   POWERS   AND   DUTIES. 

Be  it  enacted,  etc.,  as  follotvs: 
Old  Colony  Sectiox  1.     Tlic  govcmor,  by  and  with  the  advicc  and 

appointment',      couseiit  of  tlic  council,  shall  appoint  three  discreet  persons 
rm, ec.  ^^  |^^  knowu  as  tlic  Old  Colony  Commission,  who  shall 


Persons  dis- 
satisfied may 
appeal  to  chief 
of  district 
police. 


Penalty. 


To  take  effect 
Aug.  1,  1S95, 
etc. 


Acts,  1895.  — Chat.  473.  535 

hold  office  for  one  3'ear  from  the  first  day  of  June  in  the 
year  eiahteen  hundred  and  ninety-five.  It  shall  be  the 
duty  of  said  commission  to  investigate  certain  spots  of 
general  historic  interest  within  the  counties  of  Bristol, 
Barnstable,  Plymouth,  Norfolk  and  Nantucket,  and  collect 
such  historical  information  in  relation  thereto  as  it  shall 
deem  expedient. 

Section  2.     Said  commission  shall  have  authority  to  May  prepare 
prepare  maps  or  plans  of  such  places,  and  may  mark  them  ™rapToy  assist- 
with   bounds    or   monuments    with   suitable   inscriptions  ^"'®'  ^"^' 
thereon   for  the    purpose  of  preserving   them.     It   may 
employ  such  assistants  as  it  may  deem  necessary,  and  may 
expend  such  sums  of  money  not  exceeding  five  hundred 
dollars  in  the  discharge  of  its  duties,  including  the  actual 
travelling  expenses  of  the  members  of  said  commission, 
as  the  governor  and  council  may  approve  ;  but  the  mem- 
bers of  said  commission  shall  receive  no  compensation  for 
their  services. 

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

Aioproved  June  J,  1895. 

An  Act  in  further  addition  to  an  act  making  APPuorRiATiONS  (JJid^j  473 

FOR  EXPENSES  authorized  THE  PRESENT  YEAR  AND  FOR  CERTAIN 
OTHER  EXPENSES  AUTHORIZED  BY  LAW. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  the  salary  of  the  first  deputy  controller  of  county  First  deputy 
accounts,  as  authorized  by  chapter  one  hundred  and  seventy-  county"^'^  °^ 
five  of  the  acts  of  the  present  year,  the  sum  of  seventy-five  ^'='=°"°*«- 
dollars,  the  same  to  be  in  addition  to  any  amounts  hereto- 
fore appropriated  for  the  same  purpose. 

For  such  additional  clerical  assistance  and  for  such  Additional 
expenses  of  the  bureau  of  statistics  of  laljor  as  may  bo 
necessary  to  enable  the  chief  of  said  bureau  to  print  and 
distribute  a  bulletin  for  the  purpose  of  disseminating  in- 
formation respecting  the  state  of  employment,  and  other 
information  relative  to  industrial  conditions,  as  authorized 
by  chapter  two  hundred  and  ninety  of  the  acts  of  the 


clerical 
assistance. 


536 


Acts,  1895.  — Chap.  ^73. 


Aeeietant  clerk. 


Publication  of 
certain  special 
laws. 


Construction  of 
new  normal 
school 
buildings. 


Second  supple- 
ment to  Public 
Statutes. 


Clerical 
assistance. 


Agent  for  aiding 

discharged 

prisoners. 


Assistant 
bookkeeper. 


present  year,  a  sum  not  exoecdinir  one  thousand  dollars, 
the  same  to  be  in  addition  to  the  live  thousand  dollars 
appropriated  by  chapter  tifty  of  the  acts  of  the  present 
year. 

For  the  salary  of  an  assistant  clerk  for  the  board  of 
railroad  commissioners,  as  authorized  by  chapter  three 
hundred  and  thirteen  of  the  acts  of  the  present  }ear,  a 
sum  not  exceeding  eight  hundred  and  fifty  dollars. 

For  the  publication  of  certain  special  laws,  as  authoinzed 
by  chapter  one  huu<h-ed  and  ten  of  the  resolves  of  the 
year  eighteen  hundred  and  ninety-four,  the  sum  of  nine- 
teen hundred  forty-two  dollars  and  thirt}'-six  cents,  the 
same  to  be  in  addition  to  the  four  thousand  dollars  appro- 
priated by  chapter  live  hundred  and  forty-six  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four. 

For  the  construction  of  the  new  state  normal  school 
buildings  in  the  cities  of  Fitchburg,  Lowell  and  North 
Adams  and  that  portion  of  the  town  of  Barnstable  known 
as  Hyannis,  as  authorized  by  chapter  three  hundred  and 
forty-live  of  the  acts  of  the  present  year,  a  sum  not  ex- 
ceeding one  hundred  thousand  dollars,  the  same  to  be  in 
addition  to  the  amounts  authorized  by  chapter  four  hun- 
dred and  fifty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four. 

For  expenses  in  connection  with  the  preparation  and 
publication  of  a  second  supplement  to  the  Public  Statutes, 
as  authorized  by  chapter  three  hundred  and  sixty-three  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  five 
thousand  dollars. 

For  clerical  assistance  in  the  office  of  the  register  of 
probate  and  insolvency  for  the  county  of  Suftblk,  as  au- 
thorized by  chapter  three  hundred  and  sixty-four  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  eighteen 
hundred  dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  ])uri)ose. 

For  the  salary  of  the  agent  for  aiding  discharged  pris- 
oners, as  authorized  by  chapter  three  hundred  and  eighty- 
three  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
two  hundred  dollars,  the  same  to  be  in  addition  to  the  one 
thousand  dollars  authorized  by  chapter  sixteen  of  the  acts 
of  the  present  year. 

For  the  salary  of  an  assistant  bookkeeper  in  the  depart- 
ment of  the  treasurer  and  receiver  general,  as  authorized 
by  chapter  three  hundred  and  ninety-two  of  the  acts  of 


Acts,  1895.  — Chap.  473.  537 


the   present   year,  a  sum  not  exceeding   eight   hundred 
dollars. 

For  the  compensation  of  an  additional  district  police  Additional  dis- 
officer,  as  authorized  by  chapter  three  hundred  and  ninety-  offi°ce??  "''' 
six  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
nine  hundred  dollars. 

For  such  additional  clerks  and  assistants  as  the  insurance  Additional 
commissioner  may  find  necessary  for  the  despatch  of  public  assLtanu. 
business,  a  sum  not  exceeding  one  thousand  dollars,  the 
same  to  be  in  addition  to  the  sixteen  thousand  five  hun- 
dred dollars  appropriated  by  chapter  fifty  of  the  acts  of 
the  present  year. 

For  a  messenger  and  such  additional  clerical  assistance  Messenger  and 
as  the  secretary  of  the  Commonwealth  may  find  necessary  cai  ass^tancl."" 
for  the  proper  despatch  of  public  business  in  his  office,  as 
authorized  by  chapter  four  hundred  and  two  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  three  thousand  dol- 
lars, the  same  to  be  in  addition  to  the  thirteen  thousand 
dollars  authorized  by  chapter  fifty  of  the  acts  of  the  present 
year. 

For  incidental  and  contingent  expenses  in  the  depart-  qI^^^^JJ^^J;^^ 
ment  of  the  secretary  of  the  Commonwealth,  a  sum  not  expenses. 
exceeding    eight    hundred    dollars,    the    same    to    be   in 
addition  to  the  thirty-five  hundred  dollars  appropriated 
by    chapter    thirty-eight    of    the    acts    of    the    present 
year. 

For  printing  copies  of  a  portion  of  the  report  of  the  Report  of 
harbor  and  land  commissioners,  authorized  by  chapter  commissi'oners. 
nineteen  of  the  resolves  of  the  present  year,  the  sum  of 
twenty-four  dollars  and  nineteen  cents,  the  same  to  be  in 
addition  to  the  fifteen  hundred  dollars  authorized  by  chap- 
ter two  hundred  and  eighty-nine  of  the  acts  of  the  present 
year. 

For  Jane  Parks,  as  authorized  by  chapter  seventy-three  jane Parks. 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred dollars. 

For  the  widow  of  Peleg  Emory  Aldrich,  as  authorized  ^io?y  lidHch! 
by  chapter  seventy-five  of  the   resolves    of  the    present 
year,  the  sum  of  four  thousand  three  hundred  seventy-six 
dollars  and  twenty-five  cents. 

For  the  widow  of  Edward  P.  Loring,  as  authorized  by  widow  of 
chapter  seventy-six  of  the  resolves  of  the  present  year,  Loring. 
the  sum  of  four  hundred  twenty-three  dollars  and  thirty- 
nine  cents. 


538 


Acts,  1895.  — Chap.  473. 


Reformatory 
lirisoii  for 
wouieu. 


Stephen  F. 
Madden. 


Lunatic  hospital 
at  North- 
ampton. 


Patrick 
Mclntee. 


Sanitary  condi- 
tion of  Nepon- 
Bet  meadows. 


Normal  school 
at  AVorcester. 


Massachusetts 
reformatory. 


Medfield  insane 
asylum. 


Compensation 
of  senators. 


Prison  for  con- 
finement of 
minor  offenders. 


State  prison. 


For  rci)airs  aud  improvements  at  the  reformaton^  prison 
for  Avomen,  as  authorized  by  chapter  seventy-seven  of  the 
resolves  of  the  present  year,  a  t>um  not  exceeding  twelve 
thousand  dollars. 

For  Stephen  F.  jNIadden,  as  authorized  by  chapter 
seventy-eiaht  of  the  resolves  of  the  present  year,  the  sum 
of  live  hundred  dollars. 

For  certain  improvements  at  the  state  lunatic  hospital 
at  Northampton,  as  authorized  bj'  chapter  seventy-nine  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding  fifty 
thousand  dollars. 

For  Patrick  Mclntee,  as  authorized  by  chapter  eighty 
of  the  resolves  of  the  present  year,  the  sum  of  five  hun- 
dred dollars. 

For  expenses  in  connection  with  investigating  the  sani- 
tary condition  of  the  Xeponset  meadows,  as  authorized  by 
chapter  eighty-three  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  three  thousand  dollars. 

For  certain  rejmirs  at  the  state  normal  school  at  Worces- 
ter, as  authorized  by  chapter  eighty-four  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  twenty  thousand 
dollars. 

For  the  construction  of  workshops  and  for  certain  re- 
pairs at  the  Massachusetts  reformatory,  as  authorized  by 
chapter  eighty-five  of  the  resolves  of  the  })resent  year, 
a  sum  not  exceeding  twelve  thousand  five  hundred  dol- 
lars. 

For  furnishing  the  new  buildings  of  the  Medfield  insane 
asylum,  as  authorized  by  chapter  eighty-seven  of  the 
resolves  of  the  present  Acar,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  the  compensation  of  senators,  as  authorized  by 
chapter  eighty-eight  of  the  resolves  of  the  present  year, 
the  sum  of  seven  hundred  and  fifty  dollars,  the  same  to 
be  in  addition  to  the  thirty  thousand  seven  hundred  and 
fifty  dollars  authorized  by  chapter  one  of  the  acts  of  the 
present  year. 

For  obtaining  plans  for  a  prison  for  the  confinement 
of  minor  oft'enders,  as  authorized  by  chapter  eighty-nine 
of  the  resolves  of  the  present  A'car,  a  sum  not  exceeding 
three  hundred  dollars. 

For  certain  repairs  and  improvements  at  the  state  prison, 
as  authorized  by  chapter  ninety  of  the  resolves  of  the  pres- 
ent vear,  a  sum  not  exceedinir  six  thousand  dollars. 


Acts,  1895.  — Chap.  474.  539 

For  the   purchase  of  a  portrait  of  Henry  Wilson,  as  Portrait  of 
authorized  by  chapter  uinet^'^-one  of  the  resolves  of  the    ^""^^ 
present  year,  a  sum  not  exceednig  five  hundred  dollars. 

For  the  publication  of  the  historical  address  delivered  ^'f^^^^'^^y 
in  the  house  of  representatives  by  Alfred  S.  Roe  of  Alfred  s.roc. 
Worcester,  as  .authorized  by  chapter  ninety-two  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  six 
hundred  and  fifty  dollars,  the  same  to  be  in  addition  to 
the  amount  authorized  by  chapter  one  hundred  and 
eeventy-seven  of  the  acts  of  the  present  year. 

For  the  salary  of  the  state  military  and  naval  historian,  state  military 
as  authorized  by  chapter  one  hundred  and  four  of  the  historian. 
resolves  of  the  present  year,  which  provides  for  the  re- 
newal of  the  appointment  of  said  historian,  a  sum  not 
exceeding  nine  hundred  dollars ;  and  for  clerical  assist- 
ance and  other  necessary  expenses  of  said  historian,  a 
sum  not  exceeding  seven  hundred  and  fifty  dollars,  the 
same  to  be  in  addition  to  the  eighteen  hundred  and  fifty 
dollars  appropriated  by  chapter  thirteen  of  the  acts  of  the 
present  year. 

For  Eugene  A.  Conner,  as  authorized  by  chapter  one  Eugene  a. 
hundred  and  five  of  the  resolves  of  the  present  year,  the 
sum  of  two  hundred  and  fifty  dollars. 

For  authorized  exiDcnses  of  committees  of  the  present  Expenses  of 

•  •  •  lG*^islativG 

legislature,  to  include  clerical  assistance  to  committees  committees. 
authorized  to  employ  the  same,  a  sum  not  exceeding  five 
thousand  dollars. 

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

Approved  June  5,  1895. 


An  Act  providing  for  certain  classes  of  property  insurance.  (7Aa79.474 
Be  it  enacted^  ete.,  as  foUoios : 

Sectiox  1 .     Section  twenty-nine  of  chapter  five  hun-  iss^-  522,  §  29, 

1/  1.  acDeDclCQ.. 

dred  and  twenty-two  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four  is  hereby  amended  by  adding  at  the 
end  of  said  section,  the  following  w^ords  :  — 

Seventh,  To  insure  against  loss  or  damage  by  water  to 
any  goods  or  premises  arising  from  the  1:)reakage  or  leak- 
age of  sprinklers  and  water  pipes. 

Eighth,  To  insure  against  loss  or  damage  to  property 
arising  from  accidents  to  elevators,  bicycles  and  vehicles, 
except  rolling  stock  of  railways,  — so  as  to  read  as  fol- 


JtiO 


Acts,  1895.  — Chap.  474. 


Purposeg  for 
which  coni- 
piiiiit's  may  be 
formed. 

Loss  by  fire,  etc. 


Loss  by  perils 
of  the  Bea. 


Guaranty  of 
fidelity,  etc. 


Damage  by 
steam  boiler 
explosions. 


Accident  to 
persons. 


Breakage  of 
plate  glass. 

Damage  by 
water. 


Damage  from 
accidents  to 
elevators,  etc. 


1894,  522,  §  31, 
amended. 


To  do  only 
business  speci- 
fied in  charter. 

Minimum 
capital  of  stock 
companies. 


lows  :  —  Section  29.  Insurance  companies  may  be  formed 
as  provided  in  section  thirty  for  any  one  of  tlie  following 
purposes,  to  wit :  — 

First,  To  insure  against  loss  or  damage  to  property  by 
fire,  lightning,  or  tempest  on  land,  upon  the  stock  or 
mutual  plan. 

Second,  To  insure  upon  the  stock  or  mutual  plan,  ves- 
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  insurance, 
including  risks  of  inland  navigation  and  transportation. 

Third,  To  guarantee  the  fidelity  of  persons  in  positions 
of  trust,  private  or  pulilic,  and  to  act  as  surety  on  official 
bonds  and  for  the  performance  of  other  obligations. 

Fourth,  To  insure  against  loss  or  damage  to  property 
of  the  assured,  or  loss  or  damage  to  the  life,  person  or 
property  of  another  for  which  the  assured  is  liable,  caused 
by  the  explosion  of  steam  boilers. 

Fifth,  To  insure  any  person  against  bodily  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  cor[)oration  is  responsible. 

Sixth,  To  insure  against  the  breakage  of  plate  glass, 
local  or  in  transit. 

Seventh,  To  insure  against  loss  or  damage  by  water  to 
any  goods  or  premises  arising  from  the  l^reakage  or  leak- 
age of  sprinklers  and  water  pipes. 

Eighth,  To  insure  against  loss  or  damage  to  property 
arising  from  accidents  to  elevators,  bicycles  and  vehicles, 
except  rolling  stock  of  railways. 

Section  2.  Section  thirty-one  of  said  act  is  hereby 
amended  by  striking  out  in  the  ninth  line,  the  word  *'  or", 
and  by  inserting  in  the  tenth  line,  after  the  Avords  "  steam 
boiler  insurance",  the  words: — or  for  the  transaction  of 
the  business  authorized  under  the  seventh  or  eighth  para- 
grajjh  of  section  twenty-nine  of  this  act,  —  so  as  to  read 
as  follows:  —  Section  31.  No  corporation  so  formed 
shall  transact  any  other  business  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 


Acts,  1895.-^  Chap.  474.  541 

dollars.  Companies  so  formed  for  the  transaction  of  tire 
insurance  on  the  stock  plan,  of  tidelity  insurance,  of  acci- 
dent insurance,  of  steam  boiler  insurance,  or  for  the  trans- 
action of  the  business  authorized  under  the  seventh  or 
eighth  paragraph  of  section  twenty-nine  of  this  act  shall 
have  a  capital  of  not  less  than  two  hundred  thousand  dol- 
lars. 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  heretofore  ora'auized  to  transact  em-  certain  mutual 

1  5    T    I  'Tj-        •  "         i.*  1       1         •  compauies  may 

ployers    liability  insurance   may  continue  such   business  continue  busi- 
under  the  fifth  paragraph  of  section  twenty-nine  of  this  p^oye^s'^""' 
act,  and  such  companies  shall  be  subject  to  the  laws,  so  anc^'ete!"*"*^' 
far  as  applicable,  in  relation  to  mutual  fire  insurance  com- 
panies.    No  company  shall  be  required  to  have  on  deposit 
with  the  treasurer  of  the  Commonwealth  an  amount  in 
excess  of  what  is  sufiicient  to  enable  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. 

Section    3.       Section    eighty   of   said   act   is    hereby  isgi,  522,  §  so, 
amended  by  adding  at  the  end  of  said  section  the  words :  ^'^®°'^''''- 
— provided,  hoivever,  that  a  company  authorized  to  trans- 
act  within   this   Commonwealth   the   business    of   steam 
boiler   insurance   or   the   business  authorized  under   the 
eighth  paragraph  of  section  twenty-nine  of  this  act  may 
also  be  permitted  to  transact  the  business  authorized  under 
the  seventh  paragraph  of  said  section,  —  so  as  to  read  as 
follows  :  —  Section  80.     No  foreign  insurance   company  to  transact  but 
hereafter  admitted  to  do  business  in  the  Commonwealth  fnTurin'ce?^ 
shall  be  authorized  to  transact  more  than  one  class  or  kind  except,  etc. 
of  insurance  therein.     But  any   company,    domestic   or 
foreign,  engaged  in  this  Commonwealth  in  the  sole  busi- 
ness 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  pos- 
sesses an  aggregate  capital  equal  to  that  required  of  two 


512  Acts,  1895.  — Chap.  J:75. 

separate  companies  engaged  in  either  one  of  these  classes 
Proviso.  of  business  :  provided,  however,  that  a  company  author- 

ized to  transact  within  this  Conmionwealth  the  Jjusiuess 
of  steam  boiler  insurance  or  the  business  authorized  under 
the  eighth  paragraph  of  section  twenty-nine  of  this  act 
may  also  be  permitted  to  transact  the  business  authorized 
under  the  seventh  paragraph  of  said  section. 

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

Approved  June  5,  1895. 


ChClV.4:7o     ^^^  ^'^'^'^   KELATITE   TO  THE   ESTABLISHMENT  OF  TEXTILE   SCHOOLS. 

Be  it  enacted,  etc. ,  as  follows  : 

Establishment  Sectiox  1.  lu  any  city  of  this  Commonwealth  whose 
schools  in  cities,  mayor  shall,  on  or  before  the  first  day  of  July  in  the  year 
eighteen  hundred  and  ninety-live,  file  a  certiticate  with  the 
commissioner  of  corporations  that  said  city  has  in  opera- 
tion four  hundred  and  fifty  thousand  or  more  spindles, 
not  less  than  seven  nor  more  than  twenty  persons,  citizens 
of  this  Commonwealth,  may  associate  themselves  together 
by  an  agreement  in  writing  for  the  purpose  of  establish- 
inof  and  maintainino-  a  textile  school  for  instiTiction  in  the 
theory  and  practical  art  of  textile  and  kindred  branches 
of  industry,  with,  authority  to  take,  by  gift  or  purchase, 
and  hold  personal  and  real  estate  to  the  amount  of  three 
hundred  thousand  dollars.  A  copy  of  said  agreement 
and  of  the  signatures  thereto,  sworn  to  by  anj'  one  of  the 
subscribers,  shall  be  submitted  to  the  governor,  and  if  he 
shall  certify  his  approval  of  the  associates  as  suitable  for 
the  purposes  of  their  association  and  of  this  act,  said  asso- 
ciates shall,  for  said  purposes,  after  due  and  proper  organ- 
ization by  the  adoption  of  by-laws  and  the  election  of  offi- 
cers, and  after  filing  a  certiHcate  of  such  organization  and 
the  certificate  of  the  approval  of  the  governor  with  the 
secretary  of  the  Commonwealth,  he  and  remain  a  corpo- 
ration, with  all  the  powers  and  privileges  and  subject  to 
all  the  duties  and  obligations  of  corporations  organized 
for  educational  purposes  under  chapter  one  hundred  and 
fifteen  of  the  Public  Statutes.  Said  corporation  shall  be 
known  as  the  Trustees  of  the  Textile  School  of  the  place 
in  which  it  is  located,  and  shall  have  power  to  fill  all 
vacancies  in  their  number,  however  occurring,  cxce))t  as 
otherwise  provided  in  this  act.     There  shall  be  only  one 


I 


Acts,  1895.  — Chap.  476.  5^3 

school  incorporated  under  the  provisions  of  this  act  in  one 
citj'. 

Sectiox  2.     Any  city  in  which  such  a  corporation  is  city  may  appro. 

,  ^  .     .  -,  j_  •  1  X'  priate  a  certain 

organized  may  appropriate  and  pay  to  said  corporation  a  sum,  etc. 
sum  of  money  not  to  exceed,  in  any  case,  the  sum  of 
twenty-live  thousand  dollars,  and  upon  the  appropriation 
and  payment  of  said  sum  or  any  part  thereof  by  any  such 
city,  the  mayor  and  superintendent  of  schools  of  such 
city  for  the  time  bein":,  shall  be  and  become  members  of 
said  corporation,  and  tlie  mayor  and  superintendent  of 
schools  of  such  city  shall  thereafter  be  members  of  such 
corporation. 

SectiOjST  3.     Whenever  any  such  city  shall  appropriate  certain  6um  to 

,  ,  ,  ■ .  .  /.be  paid  from 

and  pay  to  any  such  corporation  any  sum  oi  money,  or  treasury  ot  the 
whenever  the  trustees  or  members  of  any  such  corpora-  weSth^e'tc. 
tion  shall  pay  into  its  treasury,  for  the  purposes  of  the 
establishment  and  maintenance  of  such  school,  any  sum 
of  money,  there  shall  be  appropriated  and  paid  to  said 
corporation  from  the  treasury  of  the  Commonwealth  a 
sum  of  money  equal  to  the  total  amount  thus  appropri- 
ated and  paid ;  but  in  no  case  shall  there  be  paid  to  any 
such  corporation  by  the  Commonwealth  any  sum  of  money 
exceeding  twenty-five  thousand  dollars,  and  upon  the  ap- 
propriation and  pa^Tiient  of  any  sum  of  money  by  the 
Commonwealth  for  the  purposes  of  an}^  such  school,  the 
governor  shall,  with  the  advice  and  consent  of  the  council, 
appoint  two  persons  to  be  members  and  trustees  of  any 
such  corporation  for  two  and  four  years  respectively,  and 
thereafter  such  persons  and  their  successors  by  similar 
appointment  shall  be  and  remain  members  of  said  corpo- 
ration. The  governor,  with  the  advice  and  consent  of  the 
council,  shall  fill  all  vacancies  however  occurring  in  the 
membership  created  by  this  section. 

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

Approved  June  5,  1895. 


GJiapAie 


Ax  Act  relative  to  the  compensation  of  inspectors  of  ani 

MALS  AND   PROVISIONS. 

Be  it  enacted,  etc.,  asfoUoics: 

Section  1 .     One  half  of  the  compensation  of  inspect-  Payment  of 

,,  .         ■,  -,  .    .  •     1      1  ^  i*  compensation  m 

ors  ot    animals  and  provisions  appointed  under  sections  certain  cases. 
one  and  two  of  chapter  four  hundred  and  ninety-one  of 
the  acts  of  the  vear  eighteen   hundred  and   ninety-four. 


5U  Acts,  1895.  —  Cilvps.  477,  478. 

in  cities  and  towns  of  less  than  two  and  one  half  million 
dollars  valuation,  shall  hereafter  be  paid  from  the  treas- 
ProviBo.  ury  of  the  Commonwealth :   provided,  Jiowever,  that  no 

inspector  shall  receive  from  the  Commonwealth  more  than 
two  hundred  and  fifty  dollars  as  compensation  in  any  one 
year. 

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

Approved  June  5,  1895. 

C7iapA77  -^^  -^cr  to  authokize  tue  lenox  water  compaxt  to  supply 

A  portion   of  the  town   op  RICHMOND  AVITU   WATER. 

Be  it  enacted,  etc.,  asfolloivs: 
!Jayiayand  Section  1.     The  Lcnox  Water  Compauv  mav  lay  and 

maintain  water  ..  .  ,  ,  "^       .  ,     "^         ^      , 

pipes  in  portion  maintain  water  pipes  tor  carrying  water  in  that  portion 
Richmond.  of  tliB  town  of  Richmoiid  lying  easterly  of  a  line  drawn 
from  the  noilh westerly  corner  of  the  town  of  Stockbridge, 
northerly  to  the  first  angle  in  the  division  line  between 
the  towns  of  Richmond  and  Lenox,  and  for  this  purpose 
may  carry  its  conduits,  pipes  and  drains  over  or  under 
any  water  course,  street,  highway  or  other  way,  in  such 
manner  as  not  to  obstruct  the  same,  and  may,  under 
the  direction  of  the  board  of  selectmen  of  the  town  of 
Richmond,  enter  upon  and  dig  up  any  road  or  way  for  the 
purpose  of  la^-ing  its  conduits,  pipes  and  drains,  in  such 
manner  as  to  cause  the  least  hindrance  to  travel  thereon, 
and  in  general  may  do  any  other  acts  and  things  necessary, 
convenient  or  proper  for  carrying  out  the  purposes  of 
this  act. 

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

Approved  June  o,  1895. 

Ch(ip.4:7S  ^^  ^CT   RELATrV'E    TO    THE    PROTECTION    OF    THE    WATER    SUPPLY 

OF   THE   CITY  OF   FALL  RIVER. 

Be  it  enacted,  etc.,  as  folloivs: 

amended.^  ^'  SECTION  1.     Scctiou  ouc  of  chapter  one  hundred  and 

fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  striking  out  in  the 
seventh  line,  the  words  "within  five  years",  by  striking 
out  all  from  and  including  the  word  "the",  in  the  eighth 
line,  to  and  including  the  word  "that",  in  the  twelfth 
line,  and  inserting  in  place  thereof  the  words  :  — and  all 
such  real  estate,  lands  and  buildings  thereon,  easements, 
rights   of  way,   rights   of  flowage,   water   rights,   water 


Acts,  1895.  — Chap.  478.  545 

sources,    water   courses,    dams,    reservoirs    and    storage 
basins  in  the  city  of  Fall  Eiver  and  town  of  Westport,  as 
it  may  deem  advisable,  and  ma}^  lay  out,  maintain  and 
improve  the  same  for  the  purposes  aforesaid,  and  may 
make  rules  for  the  use  and  government  of  the  same,  and 
for  breaches  of  such  rules  affix  penalties,  not  exceeding- 
twenty  dollars  for  one  ofience,  to  be  imposed  by  any  court 
of  competent  jurisdiction  :2)rovided,  however,  that  no  lands 
in  the  town  of  Westport  lying  more  than  live  hundred  3'ards 
above  the  line  of  the  present  high  water  mark  of  said  pond 
within  said  town  shall  be  so  taken,  and  no  lands  in  said 
town  of  Westport  shall  be  so  taken  after  the  first  day  of 
April  in  the  year  eighteen  hundred  and  ninety-six ;  but, 
—  by  striking  out  in  the  fourteenth  line,  the  words  "shall 
be  taken  to  extend  back ",  and  inserting  in  place  thereof 
the  words: — may  be  taken  to  extend  above  and,  —  by 
striking  out  in  the  nineteenth  line,  the  words  "  build  and 
maintain  ",  and  inserting  in  place  thereof  the  words :  — 
and  build,  — and  l)y  adding  at  the  end  of  the  section  the 
words: — All  such  rights,  easements  and  property,  and 
the  fee  of  such  real  estate  and  lands  taken  or  acquired, 
shall  vest  in  said  city,  —  so  as  to  read   as  follows:  — 
Section  1.     The  city  of  Fall  Eiver  may,  for  the  purpose  May  take  cer- 
of  providing  a  reservoir  and  storage  basin  for  the  said  city  rights  of  way, 
and  preserving  the  purity  of  the  waters  to  be  held  in  the  *^"^' 
North  Watuppa  pond  and  distributed  therefrom,  and  pro- 
tecting and  improving  the  shores  and  vicinity  thereof,  and 
providing  a  public  parkway  on  the  shores  of  said  pond,  at 
any  time  after  the  passage  of  this  act,  take  and  hold,  by 
purchase   or  otherwise,   any  part   of,   and  all  such  real 
estate,  lands  and  buildings  thereon,  easements,  rights  of 
way,  rights  of  flowage,  water  rights,  water  sources,  water 
courses,  dams,  reservoirs  and  storage  basins  in  the  city 
of  Fall  Eiver  and  town  of  Westport,  as  it  may  deem  ad- 
visable, and  may  lay  out,  maintain  and  improve  the  same 
for  the  purposes  aforesaid,  and  ma}'  make  rules  for  the  use 
and  government  of  the  same,  and  for  breaches  of  such 
rules  affix  penalties,  not  exceeding  twenty  dollars  for  one 
offence,  to  be  imposed  by  any  court  of  competent  juris- 
diction :  jirovided,  however,  that  no  lands  in  the  town  of  Proviso. 
Westport  lying  more  than  five  hundred  yards  above  the 
line  of  the  present  high  water  mark  of  said  pond  within 
said  town  shall  be  so  taken,  and  no  lands  in  said  town  of 
Westport  shall  be  so  taken  after  the  first  day  of  April  in 


540  Acts,  1895.  — Chap.  479. 

the  year  eiahteen  hundred  and  ninety-six ;  but  where 
promontories  or  points  of  land  project  into  said  pond  said 
limit  of  live  hundred  yards  may  be  taken  to  extend  above 
and  from  a  line  drawn  across  the  necks  or  bases  of  such 
promontories  or  points  of  land.  And  said  cit}^  shall  have 
authority  to  take  any  land  now  used  as  a  hiufhway  in  the 
town  of  Westpoit  and  lying  within  said  limits ;  and  in 
case  of  such  taking  said  city  shall  relocate  and  build  suit- 
able and  convenient  ways  in  place  thereof  for  the  use  of 
the  public.  All  such  rights,  easements  and  property,  and 
the  fee  of  such  real  estate  and  lands  taken  or  acquired, 
shall  vest  m  said  city. 
^mendld  ^  ^'  Section  2,     SectioH  throe  of  said  act  is  hereb}'  amended 

by  striking  out  all  after  the  word  "act",  in  the  eighth 
ifilonTto  pre^'  ^^^^^'  — ^^  ^^  ^^  Yend  as  follows  :  —  Section  3.  So  long  as 
water^""'^  °'  North  AVatuppa  pond  shall  be  used  by  the  city  of  Fall 
Eivor  for  a  reservoir,  storage  basin  and  water  supply,  or 
until  otherwise  provided  by  statute,  the  Commonwealth 
grants  to  said  city  the  right  to  make  such  regulations  con- 
cerning the  use  of  the  water  in  said  pond  as  may  be  re- 
quired to  preserve  the  purity  thereof  and  otherwise  to 
carry  out  the  provisions  of  this  act. 

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

Approved  June  5,  1895. 


Cha2).479 


I  TO  An  Act  to  authokize  fire  district  number  one  in  Greenfield 

TO    BORROW    MONEY    FOR    THE    CONSTRUCTION     OF    A    PUMPING 
STATION  AND  WORKS  IN  CONNECTION  THEREWITH. 

Be  it  enacted,  etc. ,  as  follows : 
Greenfield  Fire    ,    Section  1.     Fire  District  Numbcr  Oiic  in  tlic  toAVH  of 
J^gstation"^'    Greenfield,   for  the  purpose  of  paying  the  necessary  ex- 
Loan.  j)enses  of  building  and  completing  the  pumping  station, 

dams,  conduits,  pipes  and  other  works  incident  thereto, 
authorized  by  chapter  three  hundred  and  thirty-five  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-five,  may 
issue  from  time  to  time  bonds,  notes  or  scrip,  to  an 
amount  not  exceeding  in  the  aggregate  five  thousand  five 
hundred  dollars,  such  bonds,  notes  and  scrip  shall  bear  on 
their  face  the  words,  Greenfield  Fire  District  Pum})ing 
Station  Loan,  shall  be  i)ayablc  at  the  expiration  of  periods 
not  exceeding  ten  years  from  the  date  of  issue,  shall  boar 
interest  payable  semi-annually  at  a  rate  not  exceeding  six 
per  cent,  per  annum  and  shall  be  signed  by  the  treasurer 
and  be  countersiirued  by  the  chairman  of  the  prudential 


Acts,  1895.  — Chaps.  480,  481.  547 

committee  of  said  fire  district.     Said  fire  district  may  sell 

such  securities  at  public  or  private  sale,  or   pledge  the 

same  for  money  borrowed  for  the  purposes  of  this  act, 

upon  such  terms  and  conditions  as  it  may  deem  proper. 

The  said  fire  district  shall  provide  at  the  time  of  contract-  sinking  fund. 

ino-  said  loan  for  the  establishment  of  a  sin  kino;  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,  in  any  series  of  years 

within  ten  years  from  the  date  of  issue,  not  exceeding  the 

sum  of  fifteen  hundred  dollars  in  any  one  year. 

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

Approved  June  5,  1895. 

An  Act  relative  to  the  ArroiNTJiEXT  of  a  sixth  assistant  ni^r.j^  VAC\ 

CLERK  OF  THE   SUPERIOR  COURT,  CIVIL   SESSION,  FOR  THE   COUNTY  ^ 

OF  SUFFOLK. 

"Be  it  enacted^  etc.,  as  follows : 

Section  1.  Section  one  of  chapter  three  hundred  and  ^^^^[j^g^*  §  ^' 
ninety-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  striking  out  in  the  second 
line,  the  word  "  fifth",  and  inserting  in  place  thereof  the 
word: — sixth, — so  as  to  read  as  follows:  —  Section  1.  si^^^th assistant 
The  justices  of  the  superior  court  or  a  majority  of  them 
may  appoint  a  sixth  assistant  clerk  of  said  court  for  civil 
business  in  the  county  of  Suffolk,  who  shall  be  subject  to 
the  provisions  of  law  applicable  to  assistant  clerks  of 
courts  in  said  county,  and  who  shall  receive  in  full  for  all 
services  performed  by  him  an  annual  salary  of  twenty-five 
hundred  dollars,  to  be  paid  by  said  county. 

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

Ap2Jroced  June  5, 1895. 

An  Act  to  protect  the  business  of  licensed  carriers  of  goods  r'Jff/jy  4-S1 

FOR   HIRE. 

Be  it  enacted,  etc.,  as  follows : 

Whoever,  with  intent  to  defraud  or  injure  in  his  busi-  Penalty  for 

.  .  ''  .  ,   destroying,  etc., 

ness  a  person  licensed  by  any  city  or  town  as  a  carrier  of  orders  to  ^ 

,^1.  .,  /»ji  11  n  1  •  licensed  carriers 

goods  for  hire,  takes  from  the  order  box  of  such  carrier,  of  goods,  etc. 
or  efliices  or  destroys,  any  order  to  or  direction  for  such 


5^S  Acts,  1895.  — Chap.  482. 


carrier  to  call  for  and  receive  goods  to  be  transported  by 
such  carrier,  or  approi)riates  any  such  order  or  direction 
or  makes  use  of  the  information  derived  from  any  such 
order  or  dh'ection  for  the  })urpose  of  executing  such  order 
or  direction,  or  for  the  purj^ose  of  transporting  any  goods 
or  receiving  the  hire  therefor,  shall  1)e  punished  by  fine 
not  exceeding  twenty-five  dollars. 

Ajjproved  June  5, 1893. 


ChanAS2       ^^^  ^^^"^  EELATHTE  to  toe  expenditure  of  MOXET  r.T  COUXTIES. 

Be  it  enacted^  etc.,  asfolloivs: 

To  be  author-         SECTION  1.     The  expenditure  of  money  bv  the  several 
bylaw.  counties  shall  be  authorized  annually  by  law,  and  the  pur- 

poses for  which  such  expenditure  may  be  made  shall  be 
specified  in  detail  in  said  law.  No  expenditure  for  any 
purpose  shall  be  made  in  excess  of  the  amount  so  specified, 
and  no  bill  in  excess  of  such  amount  shall  be  paid  by  the 
county  treasurer,  except  as  herein  provided. 
May  expend  SECTION  2.     AVheucver  in  the  iudsfment  of  the  county 

from  uiiappro-  .      ,  ^  x       j.i         •     i.  ^        j_         i-  i  j 

priatid  mouey    commissiouers  ot  any  county  tne  interests  oi  such  county 
m^ceitain  cases,  (^|gy^j^j^(j  g^^^  expcnditurc  iu  exccss  of  the  amount  authorized 
by  law  therefor,  or  for  a  purpose  for  which  no  appropri- 
ation has  been  made,  such  commissioners  or  a  majority  of 
them,  may  transfer  from    any  appropriation,  or  expend 
from  any  unappropriated  money  in  the  count}^  treasury, 
such  sums  as  they  shall  consider  expedient.     In  all  such 
cases  however  the  county  commissioners  shall  cause  the 
reasons  for  such  transfer  or  ex})onditure  to  be  placed  upon 
their  records,  and  shall  send  a  co])y  of  the  same  to  the 
controller  of  county  accounts,  with  their  estimates  for  the 
ensuing  year,  and  such  reasons  shall  be  published  by  said 
controller  in  his  annual  report. 
cmainirabiii-         SECTION  3.     Tlic  couuty  comuiissioners  and  othcr  couuty 
»iee.  officers   authorized  to   incur  liabilities   payal)le  from  the 

county  treasury  may,  after  the  expiration  of  the  financial 
3'ear  and  before  the  making  of  the  regular  annual  appro- 
priation by  the  general  cf)urt,  incur  liabilities  payable  out 
of  a  regular  approi)riation  to  an  amount  not  exceeding  the 
lial)ilitios  incurred  in  the  ])receding  year  for  the  same  pur- 
pose during  the  same  period. 

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

Approved  June  5,  IS 95. 


Acts,  1895.  — Chap.  483.  549 


Ax  Act  to  establish  the  Massachusetts  hospital  for  epileptics.  (7^/yr).4-83 
Be  it  enacted  etc.,  as  follows: 

Section  1.     There  shall  be  established  at  Monson,  on  Massachusetts 
the  premises  now  occupied  by  the  state  primary  school,  a  EpUepucs 
state  hospital  to  be  known  as  the  Massachusetts  Hospital  e^^^^'*^®^- 
for  Epileptics,  and  all  the  lands  now  belonging  to  the  pri- 
mary school   and   the   buildings   and   personal   property 
thereon  shall  be  devoted  to  the  use  of  said  hospital. 

Section  2.  The  government  of  the  Massachusetts  Trustees, 
hospital  for  epileptics  shall  be  vested  in  a  board  of  seven  te,?m!°etcf°'' 
trustees  appointed  and  commissioned  by  the  governor, 
with  the  advice  and  consent  of  the  council,  five  of  whom 
shall  be  men  and  two  of  whom  shall  be  women,  and  the 
term  of  office  of  said  trustees  shall  be  five  years,  but  of 
those  first  appointed  one  member  shall  hold  office  for  five 
years,  two  for  four  years,  one  for  three  years,  two  for  two 
years  and  one  for  one  year  from  the  first  Monday  in  July 
in  the  year  eighteen  hundred  and  ninety-five,  and  on  or 
before  the  first  Monday  in  July  in  each  succeeding  year 
one  or  more  members  shall  be  appointed  for  five  years,  to 
fill  the  vacancy  or  vacancies  then  occurring,  and  any  va- 
cancy or  vacancies  occurring  at  any  time  by  removal  from 
office  or  otherwise  may  be  filled  for  the  unexpired  term 
by  appointment  in  the  same  manner  as  herein  provided 
for  the  appointment  of  other  members  of  the  board. 

Section  3.  The  trustees  for  the  Massachusetts  hos-  Grants,  be- 
pital  for  epileptics  shall  be  a  corporation  for  the  purpose 
of  taking  and  holding,  to  them  and  their  successors,  in 
trust  for  the  Commonwealth,  any  grant  or  devise  of  lands, 
and  any  donation  or  bequest  of  money  or  other  personal 
property,  made  for  the  use  of  the  institution  of  which  they 
are  trustees,  and  for  the  purpose  of  preserving  and  invest- 
ing the  proceeds  thereof  in  notes  or  bonds  secured  by 
good  and  sufficient  mortgages  or  in  other  safe  securities, 
with  all  the  powers  necessary  to  carry  said  purposes  into 
eflect.  And  they  shall  have  authority  to  expend  any  do- 
nation or  bequest,  or  any  part  of  the  same,  in  the  erection 
of  new  or  in  the  alteration  of  old  buildings  on  lands 
belonging  to  said  hospital :  provided,  that  all  such  build-  ProviBo. 
ings  shall  belong  to  the  hospital  and  be  managed  as  a  part 
thereof. 

Section  4.     The  board  of  trustees  shall  appoint  a  phy-  to  appoint 
sician  and  assistant  physicians  and  such  other  officers  and  onuiersfetc. 


550  Acts,  1895.  — Chap.  483. 

agents  of  the  said  corporation  as  they  shall  deem  neces- 
sary, Avho  shall  respectively  hold  and  perform  the  duties 
pertaining-  to  their  ofhces  and  agencies  during  the  pleasure 
of  said  board;  and  said  board  shall  from  time  to  time, 
subject  to  the  approval  of  the  governor  and  council,  fix 
the  salary  of  such  superintending  physician,  assistant  phy- 
sicians, officers  and  agents. 
To  submit  plans      Sectiox  5.     Tlic  board  of  trustccs  established  bv  this 

for  alterations  i      n  •   i  •         i   •  i  c  '  i  '' •  ^ 

or  erection  of  act  sliall,  w]thm  thirty  days  after  its  passage,  be  api)ointed 
'  '  and  qualified,  and  at  or  before  the  expiration  of  ninety 
days  after  said  appointmont  shall  submit  to  the  governor 
and  council  plans  for  such  alterations  in  the  l)uildings 
assigned  to  the  ]\Iassachusctts  hos})ital  for  epileptics  and 
such  additions  thereto,  or  for  the  erection  of  such  new 
buildings,  as  shall  be  deemed  necessary  for  the  residence 
of  two  hundred  patients  and  of  the  physicians  and  other 
officers  and  attendants  who  shall  care  for  such  patients ; 
and  upon  the  approval  of  said  plans  by  the  governor 
and  council  the  trustees  shall  proceed  at  once  to  make 
contracts  with  the  lowest  responsible  bidders  for  the  con- 
struction, alteration  and  repair  of  said  buildings  and  for 
necessary  additions  thereto,  to  an  amount  not  exceeding 

Care  of  prop-     one  huiidred  and  sixty  thousand  dollars.    Said  trustees  may 

*'  ^'  ^ "''  appoint  a  person  to  have  charge  of  the  property  devoted 

to  the  use  of  said  hospital  under  the  provisions  of  section 
one,  and  may  employ  such  other  persons  as  may  be  nec- 
essaiy  to  care  for  said  property  until  the  hospital  may  be 
established,  as  provided  in  section  seven,  and  the  salaries 
of  the  persons  so  appointed  or  employed  shall  be  paid 

^ereon'^ai  prolf-'°  ft'oui  tlic  approi)riation  authorized  by  this  act.     Said  trus- 

erty.  tees  are  further  authori/(Ml  to  sell  any  personal  pr()])ei"ty 

which  shall  come  into  their  possession  under  the  i)r()vi- 
sions  of  section  one  w^hich  in  their  opinion  is  not  needed 
for  the  purposes  of  said  hospital,  and  the  proceeds  of  such 
sale  shall  be  paid  into  the  treasury  of  the  Commonwealth. 

dutTeT*"°*^  Section  6.     Said  trustees  shall  have  the  same  powers 

and  shall  be  required  to  perform  the  same  duties  in  the 
management  and  control  of  said  hospital  as  are  vested  in 
and  required  of  the  trustees  of  the  various  state  lunatic 
hospitals  under  sections  six,  seven  and  nine  of  chapter 
eighty-seven  of  the  Public  Statutes. 

etc™^°^''"°°'  Section  7.  The  trustees  shall  receive  such  compensa- 
tion for  services  rendered  in  the  construction  and  equip- 
ment of  the  hospital  buildings  as  the  governor  and  council 


Acts,  1895.  — Chap.  483.  551 

shall  determine,  but  after  the  establishment  of  the  hos- 
pital they  shall  receive  no  compensation  for  services,  but 
shall  be  reimbursed  from  the  treasury  of  the  Common- 
wealth for  expenses  incurred  in  the  performance  of  oliicial 
duty. 

Section  8.  "When  the  buildings  altered  or  constructed  ^.ftlentsi°°  °^ 
under  the  provisions  of  this  act  are  so  far  completed  that 
in  the  opinion  of  the  trustees  the  admission  of  patients 
may  properly  be  made  thereto,  said  trustees  shall  so  notify 
the  governor,  who  shall  thereupon  issue  his  proclamation 
establishing  the  Massachusetts  hospital  for  epileptics,  and 
thereafter  the  trustees  may  receive  into  said  hospital  for 
care  and  treatment  any  adult  person,  not  a  criminal,  who 
is  subject  to  epilepsy,  provided  such  person  be  neither  an 
idiot,  an  inebriate  or  violently  insane. 

Section  9.  The  provisions  of  the  Public  Statutes  and  ^iong'°f?aw  to 
amendments  thereto  consistent  with  this  act,  applicable  to  apply. 
the  state  lunatic  hospitals,  regarding  the  commitment, 
detention,  transfer  and  discharge  of  insane  patients,  are 
herel)y  made  applicable  to  the  Massachusetts  hospital  for 
epileptics,  and  insane  epileptics  may  hereafter  be  com- 
mitted to  the  said  hospital  for  epileptics,  provided  such 
persons  are  of  the  class  mentioned  in  section  eight. 

Section  10.     The  trustees  of  said  hospital  may  receive  certain  persons 

n     1     ,     ■        .  1  •  1  1  1  J  •       j_  may  be  received 

and  detain  therein,  as  a  boarder  and  patient,  any  person  and  detained  as 
subject  to  epilepsy  who  is  desirous  of  submitting  himself  p^''^°*^'  ®"^- 
for  treatment  and  makes  written  application  therefor,  but 
whose  mental  condition  is  not  such  as  to  render  it  legal  to 
grant  a  certificate  of  insanity  in  his  case.  No  such  person 
shall  be  detained  for  more  than  three  months  after  having 
given  written  notice  of  his  intention  or  desire  to  leave  said 
hospital.  When  any  patient  is  received  at  said  hospital 
the  superintendent  shall  report  the  particulars  of  the  case 
to  the  state  board  of  lunacy  and  charity,  which  may  inves- 
tigate the  same. 

Section  11.     After  the  establishment  of  said  hospital  certain  epiiep. 

n  •!        J.*        •  r     ji  1  •  1     •  •  tics  may  be 

all  epileptic  inmates  or  the  class  mentioned  m  section  transferred  to 
eight  who  have  been  committed  to  any  lunatic  hospital  ''°^p'"'''  ^'*'' 
may  be  transferred  by  the  state  board  of  lunacy  and  char- 
ity to  the  Massachusetts  hospital  for  epileptics,  and  when 
said  board  has  reason  to  believe  that  any  such  epileptic 
confined  in  any  almshouse  or  other  })lace  is  deprived  of 
proper  treatment  or  care,  whether  such  epileptic  is  a  pub- 
lic charge  or  otherwise,  it  may  cause  the  transfer  or  com- 


552  Acts,  1895.  — Chap.  483. 

mitnient  of  such  person  to  the  Massachusetts  hospital  for 
epileptics,  and  said  state  board  shall  transfer  from  said 
hospital  for  epileptics  to  some  state  lunatic  hospital  or 
asylum  such  inmates  as  may  be  found  to  be  violently  in- 
sane and  requiring  treatment  therein. 

chargeBfor  Sectiox  12.     The   chargcs  for  the  suppoii  of  the  in- 

inmatls.  niatcs  of  Said  hospital  as  are  of  sufficient  ability  to  pay 

for  the  same,  or  have  persons  or  kindred  bound  by  law  to 
maintain  them,  shall  be  paid  by  such  inmates,  such  per- 
sons, or  such  kindred  at  a  rate  to  be  determined  by  the 
trustees  of  said  hospital.  The  charges  for  the  support  of 
such  other  inmates  as  have  legal  settlements  in  this  state 
shall  be  paid  by  their  places  of  settlement,  and  the  charges 
for  the  support  of  such  other  inmates  as  have  no  legal  set- 
tlement in  this  state  shall  be  paid  by  the  Commonwealth, 
at  the  rate  provided  ])y  law  for  the  support  of  city,  town 
and  state  patients  in  the  state  lunatic  hos})itals. 

Hospital  for  Section  13.    For  tlic  purposc  of  meeting  an}'  expenses 

pi  ep  icB  oan.  ^^^^^  ^^^^  ^^  lucurred  under  the  provisions  of  this  act 
the  treasurer  and  receiver  general  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
scrip  or  certiticates  of  indebtedness  to  an  amount  not 
exceeding  one  hundred  and  sixty  thousand  dollai's,  for  a 
term  not  exceeding  thiily  years.  Said  scrip  or  certificates 
of  indebtedness  shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  not  ex- 
ceeding four  per  cent,  per  annum,  payable  semi-annually 
on  the  first  clays  of  JNIay  and  November  in  each  year. 
Such  scrip  or  certificates  of  indebtedness  shall  be  desig- 
nated on  the  face  thereof.  Hospital  for  Epileptics  Loan,  shall 
be  countersigned  by  the  governor  and  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth,  and 
principal  and  interest  shall  be  paid  at  the  times  specified 
therein  in  gold  coin  of  the  United  States  or  its  equivalent ; 
and  said  scrip  or  certificates  of  indebtedness  shall  be  sold 
and  disposed  of  at  ])ul)lic  auction,  or  in  such  other  mode, 
and  at  such  time  and  prices,  and  in  such  amounts  (the  rate 
of  interest  not  to  exceed  the  rate  above-specified ) ,  as  shall 

Sinking  fuDd.  ]jq  dccmcd  bcst.  The  sinking  fund  established  by  chapter 
three  hundred  and  ninety-one  of  the  acts  of  the  year  eight- 
een hundred  and  seventy-four,  known  as  the  prison  and 
hospital  loan  sinking  fund,  shall  also  be  maintained  for 
the  purpose  of  extinguishing  bonds  issued  under  the  au- 
thority of  this  act,  and  the  treasurer  and  receiver  general 


Acts,  1895.  — Chap.  484.  553 

shall  appoi-tion  thereto  from  year  to  year  an  amount  suffi- 
cient with  the  accuunilations  of  said  fund  to  extinguish  at 
maturit\'  the   debt  incurred  by  the  issue   of  said   bonds. 
The  amount  necessary  to  meet  the  annual  sinking  fund  [;%'^;°i'*,^d°by' 
requirements  and  to  pay  the  interest  on  said  bonds  shall  taxation, 
be  raised  by  taxation  from  year  to  year. 

Section  14.     So  far  as  this  act  authorizes  the  appoint-  when  to  take 
ment  of  trustees  of  said  hospital  it  shall  take  efiect  upon 
its  passage ;  in  other  respects  it  shall  take  efiect  on  the 
first  Monday  in  July  in  the  year  eighteen  hundred  and 
ninety-five.  Apjproved  June  5,  1895. 

An  Act  to  provide   for  the  incorporation  of  purchasers  (77ia'r>.484 

OF  THE  PROPERTY  AND  FRANCHISES  OF  THE  N^EW  YORK  AND 
NEW  ENGLAND  RAILROAD  COMPANY. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Gordon  Abbott,  Francis  C.  Lowell,  Charles  purchasers  of 
F.  Adams,  Second,  Albert  S.  Bio-elow,  Stephen  M.  Weld,  Chu'esof 
Augustus  Clifford  Tower,  T.  Jefferson  Coolidge,  Junior,  gr^i^^^^d'' 
Henry  W.   Cannon  and  John  I.  Waterbury,  or  such  of  ^^^^'"■"^^'beT" 
them  as  shall    become    purchasers  of  the   property  and  corporation 
franchises  of  the  New  York  and  New  England  Railroad  wu°h  ce°ru?n^^°^ 
Company  covered  by  its  mortgage  known  as  its  second  ^^oo'^^io"*- 
mortgage,  dated  the  twenty-second  day  of  June  in  the 
year  eighteen  hundred  and  eighty-two,  made  to  William 
T.  Hart,  Frederick  J.  Kingsbury  and  Eustace  C.  Fitz,  at 
any  sale  or  sales  thereof  made  pursuant  to  a  judgment 
or  decree  of  a  court  of  competent  jurisdiction  in  a  suit 
for  the  enforcement  or  foreclosure  of  said  mortgage,  or 
such  other  persons  as  shall  become  such  purchasers  or  the 
grantees  of  such  purchasers,  their  associates  and  succes- 
sors, shall,  after  making  such  purchase  and  upon  filing 
in  the  office  of  the  secretary  of  this  Commonwealth  the 
certificates  hereinafter  provided  for,  be  a  corporation  by 
the  name  designated  in  such  certificate,  with  power  to  ac- 
quire, hold,  use,   maintain  and  operate  the  railroad  and 
other  property,   rights  and   franchises,  or  any  of  them, 
now  belonging  to  or  that  may  be  acquired  by  the  Xew 
York  and  New  England  Railroad  Company,  and  with  all 
the  powers,  rights,  immunities  and  franchises  connected 
therewith,  now  held  or  that  may  be  acquired  by  the  last 
named  company,  and  with  all  the  powers  generally  en- 
joyed by  railroad   corporations  in  this   state,  and  with 
power  to  acquire  by  lease  or  other  agreement,  and  to  use 


554 


Acts,  1895.  — Chap.  484. 


Leases,  agree- 
mentB,  eic,  to 
be  approved  by 
railroad  com- 
missioners. 


Articles  of 
association,  etc. 


Capital  stock. 
Proviso. 


May  issue 
mortgage 
bonds,  etc. 


and  operate  under  such  lease  or  agreement  any  railroad 
or  other  transportation  facilities  now  or  heretofore  used 
or  o})erated  by  the  said  Xew  York  and  Xew  Enoland 
Kailroad  Company,  and  to  guarantee  payment  of  any 
bonds  or  other  obligations  or  dividends  on  stock  of  any 
corporation  whose  railroad  or  other  property  it  shall  lease 
or  operate  by  virtue  of  this  authority.  But  no  such  lease 
or  agreement  shall  be  entered  into  and  no  such  guarantee 
shall  be  made  except  with  the  apj^roval  of  the  board  of 
railroad  commissioners  as  provided  bj'  the  general  laws 
of  this  Commonwealth,  as  the  same  now  are  or  shall  here- 
after be  altered  or  amended. 

Sectiox  2.  The  certificate  to  be  filed  as  aforesaid  shall 
be  signed  and  acknowledged  by  said  purchasers  or  their 
grantees,  or  a  majority  of  them,  and  shall  set  forth  the 
articles  of  association,  wherein  shall  be  stated: — First. 
The  name  of  the  corporation,  which  shall  begin  with 
"The"  and  end  with  "Railroad  Company".  Second. 
The  names  of  such  })ersons  as  shall  have  associated  them- 
selves together  for  the  organization  of  such  corporation 
and  the  names  of  the  persons  who  shall  compose  the  first 
board  of  directors.  Third.  The  amount  of  preferred 
and  common  stock  of  the  corporation  and  the  amount 
thereof  to  be  issued  in  consideration  of  property,  rights 
and  franchises  to  be  acquired  by  the  corporation  from  said 
purchasers  or  their  grantees. 

Section  3.  The  amount  of  the  capital  stock  of  such 
corporation  shall  l)c  such  as  shall  be  fixed  by  the  articles 
aforesaid  :  provided,  that  the  amount  of  the  preferred  stock 
shall  not  exceed  five  million  dollars,  and  the  amount  of 
common  stock  shall  not  exceed  twenty  million  dollars. 
The  preferred  stock  shall  have  a  preference  as  to  dividends 
to  the  amount  of  five  i)er  cent,  per  annum,  which  shall  be 
noncumulative,  and  no  further  })reference.  Said  stock 
shall  be  divided  into  shares  of  one  hundred  dollars  each, 
and  may  be  issued  on  account  of  ])roperty,  rights  and 
franchises  acquired  by  the  cori)oration  from  said  pur- 
chasers or  their  grantees,  in  accordance  with  the  plan  of 
reorganization  ]:)roviding  for  the  acquisition  of  the  prop- 
erty and  franchises  of  the  New  York  and  New  England 
Kailroad  Company  on  flic  in  the  office  of  the  secretary 
of  this  Commonwealth. 

Section  4.  For  the  i)urpose  of  actjuiring  propoi-fy, 
riirhts  and  franchises  of  the  New  York  and  New  Euiiland 


Acts,  1895.  — Chap.  484.  555 

Eailroad  Company,  and  for  other  corporate  purposes,  the  May  issue  mort- 
said  corporation  may  issue  bonds  to  an  amount  not  exceed-  ^^^^  °°  ^'  ^  **' 
ing  seventeen  million  live  hundred  thousand  dollars,  and 
secure  the  same  by  mortgaging  its  property  and  franchises, 
including  property  and  franchises  to  be  afterwards  ac- 
quired or  any  thereof,  subject  to  all  prior  mortgages  to 
any  trust  company  incorporated  by  or  under  the  laws  of 
this  state,  or  of  Connecticut,  Khode  Island  or  New  York. 
Of  said  bonds,  there  shall  be  reserved  bonds  for  the  prin- 
cipal sum  in  the  aggregate  of  ten  million  dollars,  to  provide 
for  paying  or  retiring  the  first  mortgage  bonds  of  the 
Xew  York  and  New  England  Railroad  Company,  secured 
by  its  first  mortgage  to  the  Boston  Safe  Deposit  and  Trust 
Company,  trustee,  dated  the  first  day  of  January  in  the 
year  eighteen  hundred  and  seventy-six,  and  none  of  the 
bonds  so  reserved  shall  be  issued  or  used  except  to  retire 
or  pay  an  equal  amount  of  said  first  mortgage  bonds. 
Nothing  herein  contained  shall  be  deemed  to  authorize 
said  corporation  to  issue  any  other  or  further  bonds  than 
those  herein  authorized  except  in  accordance  with  the  laws 
of  this  Commonwealth  relating  to  the  issue  of  bonds  by 
railroad  corporations,  as  the  same  now  are  or  shall  here- 
after be  altered  or  amended. 

Section  5.  The  business  and  afiiiirs  of  said  corpora-  Board  of 
tion  shall  be  managed  and  directed  by  a  board  of  not  less  "^^'=°''^'^^ 
than  nine  nor  more  than  twenty-one  directors,  the  number 
to  be  fixed  by  the  by-laws,  who  shall  be  chosen  by  the 
stockholders  in  the  manner  provided  by  the  by-laws.  The 
first  board  shall  be  composed  of  the  persons  named  for 
the  purpose  in  said  articles,  and  shall  adopt  by-laws  as 
to  the  management  of  the  aflairs  of  the  corporation,  which 
shall  provide  as  to  the  qualification  of  directors,  and  as 
to  filling  vacancies  in  the  board,  and  may  provide  for  a 
classification  of  directors  so  that  only  a  minority  shall  be 
elected  annually.  The  by-laws  may  be  amended  by  the 
stockholders  as  shall  be  therein  provided. 

Section  6.     The  officers  of  said  corporation,  who  shall  officers. 
be  chosen  by  the  board  of  directors,  shall  be  a  president, 
a  secretary,  and  a  treasurer,  and  such  other  officers  as  the 
by-laws  may  prescribe. 

Section  7.     Chapter  four  hundred  and  sixty-three    of^^P®^'- 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  repealed. 

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

Apx>roved  June  5,  1S95. 


556 


Acts,  1895.  — Chap.  4:S5. 


Mfiy  acquire 
certain  lands. 


Proviso. 


May  acquire 
rights  of  way, 
etc. 


CllCipAS5  ^^   ^^"^    ^"^    AUTHORIZE    THE  ADAMS    FIRE    DISTRICT    TO    INXREASE 

ITS  WATER   SrrPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  increasing  the  water 
supply  of  the  Adams  Fire  District  for  the  extinguishment 
of  fires  and  for  domestic  and  manufacturing  purposes,  said 
fire  district  is  authorized  to  acquire  by  purchase,  lease  or 
taking  any  lands  in  the  town  of  Adams,  and  any  lands  in 
the  town  of  Cheshire  lying  northerly  of  the  southerly 
boundary  of  the  former  town  of  Xew  Providence,  for  the 
purpose  of  boring  or  driving  artesian  or  other  wells  and 
excavating  basins  and  reservoirs  thereon  :  j^'^^ovkJed,  that 
no  source  of  water  supply  shall  be  taken  under  this  act 
for  domestic  purposes  without  the  recommendation  and 
advice  of  the  state  board  of  health.  Said  tire  district  may 
in  like  manner  acquire  all  necessary  rights  of  way  under 
and  over  any  lands,  water  courses,  railroads,  public  and 
private  ways,  and  along  such  ways  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same,  and  may  thereafter 
enter  in  and  upon  any  such  ways,  roads  and  lands  for  the 
purpose  of  repairing  or  relaying  any  pipes  or  conduits, 
but  in  so  doing  shall  not  unnecessarily  oljstruct  or  damage 
the  same ;  and  said  fire  district  may  erect  on  said  lands 
thus  purchased,  taken  or  held,  proper  buildings,  fixtures 
and  all  necessary  structures,  may  make  all  necessary'  ex- 
cavations, procure  and  o])erate  machinery  and  provide 
such  other  means  and  appliances  as  may  be  necessary  for 
the  establishment  of  complete  and  eflfective  works. 

Section  2.  Said  fire  district  shall  within  sixty  days 
after  the  taking  of  any  lands,  rights  of  Avay  or  easements, 
as  aforesaid,  otherwise  than  ])y  purchase  or  lease,  file  and 
cause  to  be  recorded  in  the  registry  of  deeds  for  the  dis- 
trict in  which  the  same  are  situated,  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,  signed  by  the 
prudential  committee  of  said  fire  district. 

Section  3.  Said  fire  district  shall  pay  all  damages 
sustained  by  any  person  in  property  by  the  taking  of  any 
lands,  rights  of  way  or  easements,  or  by  any  other  act 
done  by  said  fire  district  under  authority  of  this  act. 
Any  person  sustaining  damages  as  aforesaid,  who  fails  to 
agree  with  said  fire  district  as  to  the  amount  of  the  dam- 
age sustained,  may  have  the  same  assessed  and  determined 
in  the  manner  provided  by  law  when  land  is  taken  for  the 


May  erect 
buildings,  etc. 


Description  of 
lands,  etc.,  to 
to  recorded. 


Damages. 


Acts,  1895.  — Chap.  485.  •  557 

laying  out  of  highways,  on  application  at  any  time  within 
two  years  from  the  filing  of  the  description  of  lands  and 
rights  taken,  in  the  registry  of  deeds,  or  the  doing  of  any 
injury  under  the  authority  of  this  act.  But  no  such  ap- 
plication shall  be  made  after  the  expiration  of  said  two 
years.  Or  the  parties  may  hy  an  agreement  in  writing, 
signed  by  the  prudential  committee  of  said  fire  district  and 
the  person  claiming  damage  as  aforesaid,  refer  the  matters 
of  diHerence  to  arbitrators  in  accordance  with  the  provi- 
sions of  chapter  one  hundred  and  eighty-eight  of  the  Pub- 
lic Statutes. 

Section  4.  In  order  to  defray  the  expenses  which  may  Adams  Fire 
be  incurred  by  said  fire  district  under  this  act  the  town  of  Loan!°'^ 
Adams  may  issue  from  time  to  time  bonds  or  notes  to  be 
denominated  on  the  face  thereof,  Adams  Fire  District 
Water  Loan,  to  an  amount  not  exceeding  thirty  thousand 
dollars,  and  bearing  interest  not  exceeding  six  per  cent, 
per  annum.  Said  interest  shall  be  payable  semi-annually, 
and  the  principal  thereof  shall  be  payable  not  more  than 
twenty  years  from  the  date  of  issue  of  said  bonds  or  notes. 
All  bonds  or  notes  issued  under  authority  of  this  act  shall 
be  signed  by  the  treasurer  of  said  town  and  countersigned 
by  the  chairman  of  the  selectmen,  and  a  record  of  all  bonds 
or  notes  so  issued  shall  be  made  and  kept  by  the  treasurer. 
The  town  of  Adams  may  loan  said  bonds  or  notes  to  said  "^o^?  °^  ^u^"^^ 

_  .  ^  .  may  loan  bonds 

nre  district  upon  such  terms  and  conditions  as  may  be  or  notes  to  are 

prescribed  by  said  town ;    and  said  fire  district  may  sell 

the  same  or  any  part  thereof,  or  pledge  the  same  or  any 

part  thereof  for  money  borrowed  for  the  purposes  of  this 

act. 

Sectiox  5.     The  town  of  Adams  may  assess  and  collect  Payment  of 
upon  the  estates  real  and  personal  in  said  fire  district  all 
taxes  necessary  to  pay  the  principal  and  interest  of  the 
bonds  or  notes  issued  and  loaned  to  said  fire  district  as 
aforesaid. 

Section  6.     The  provisions  of  section  ten  of  chapter  ists,  197,  §  lo, 
one  hundred  and   ninety-seven  of  the  acts   of  the  year  ^^  ®°  ^  • 
eighteen  hundred  and  seventy-three  are  hereby  extended, 
and   shall  apply  to   any  lands,  buildings,  machinery  and 
plant  acquired  under  and  by  virtue  of  this  act. 

Section  7.     Said  fire  district  may  at  any  meeting  called  ^'^y  ^jfte 'to 
for  that  purpose  vote  to  borrow  money  for  the  purposes  I'orrow  money, 
of  this  act,  and  also  to  pay  interest  on  lionds  and  notes 
outstanding  and  current  expenses,  and  may  authorize  and 
empower  the  treasurer  of  said  fire  district  to  issue  the 


558 


Acts,  1895.  — Chap.  486. 


notes  of  tho  fire  district  ])ay:ible  at  a  period  not  more  than 
eighteen  months  from  the  date  of  issue. 

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

Approved  June  5,  1895. 


Commonwealth 
to  furnish 
certain  towns 
with  steam  road 
rollers. 


CJiapASQ  -^  -f^CT  KELATIVE  TO  THE  €ONSTRDCTION  OF  MACADAMIZED  KOADS 

IN  TOT\"NS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  "When  a  town  of  not  less  than  ten  thou- 
sand inhabitants,  or  not  less  than  two  nor  more  than  five 
adjoining  towns  whose  combined  population  does  not  ex- 
ceed twelve  thousand,  vote  at  a  town  meeting  to  expend 
not  less  than  three  thousand  dollars  per  j'ear  each  year  for 
the  term  of  five  years,  in  the  case  of  a  single  town,  or 
four  thousand  dollars  each  year  for  the  term  of  fi^'e  years 
when  not  less  than  two  nor  more  than  five  towns  unite  to- 
gether, for  macadamized  roads,  the  Commonwealth  shall 
furnish  out  of  the  state  highway  loan  authorized  by  chap- 
ter three  hundred  and  forty-seven  of  the  acts  of  the  present 
year,  through  the  Massachusetts  highAvaj'  commission,  to 
such  town  or  towns,  free  of  charge  a  steam  road  roller,  of 
approved  pattern  and  suitable  size,  for  the  sole  use  of  such 
town  or  towns  during  said  five  years  and  as  long  thereafter 
as  they  continue  to  ex})end  not  less  than  fifty  per  cent,  of 
the  above-mentioned  sum  on  macadamized  roads  each  year  : 
provided,  nevertheless,  that  if  said  town  or  towns  fail  to 
expend  said  sum  for  macadamized  roads  in  any  one  3'ear, 
sucli  road  roller  shall  then  revert  to  the  Commonwealth. 
Said  town  or  towns  shall  keep  said  roller  in  good  repair. 

Section  2.  When  not  less  than  two  nor  more  than 
fi\'e  towns  use  a  roller  jointly,  the  town  voting  the  largest 
proportion  of  the  required  sum  shall  have  the  first  chance 
as  to  the  time  of  using  it,  and  may  retain  possession  of  it 
each  3^ear  for  a  length  of  time  proportionate  to  the  sum 
voted  by  said  town.  The  six  months  between  the  first 
day  of  May  and  the  first  day  of  November  in  each  year 
shall  be  deemed  the  proper  period  for  macadamizing  roads. 

Section  3.  The  ^Massachusetts  highway  commission 
shall  not  expend  more  than  nine  thousand  dollars  in  carr}'- 
ing  out  the  provisions  of  this  act  during  the  year  eighteen 
hundred  and  ninety-five. 

Section  4.     This  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  5,  1895. 


Proviso. 


Joint  use  of 
rollers  by 
certain  towns. 


Period  for 

macadamizing 

roads. 


Amount  to  be 
expended. 


Acts,  1895.  — Chap.  487.  559 


Ax  Act  to  ixcorporate  the  dightox  and  somerset  -water  {ni^ft^  4.Q7 

COMPANY.  ^  * 

J5e  it  enacted^  etc.,  as  follows: 

Section  1.     Charles  S.  Chase,  Edward  Lincohi,  Wil- ^ighton  and 
liam  P.  Hood,  Francis  E.  Hall,  Lyman  E.  Penniman  and  company 
James  H.  Flint,  their  associates  and  successors,  are  hereby  '°°°''p°'^'''® 
made  a  corporation  by  the  name  of  the  Dighton  and  Som- 
erset Water  Company,  for  the  purpose  of  suppl3-ing  the 
inhabitants  of  the  towns  of  Dighton  and  Somerset,  or  any 
part  thereof,  with  water  for  the  extinguishment  of  fires  and 
for  domestic,  manufecturing  and  all  other  purposes ;  with 
all  the  powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws  which 
now  are  or  may  hereafter  be  in  force  applicable  to  such 
corporations. 

Section  2.  Said  corporation,  for  the  purposes  afore-  May  take 
said,  may  take,  by  purchase  or  otherwise,  and  hold  the  Jand^i°et^!*^"' 
waters  of  Muddy  brook,  so-called,  Sunken  brook,  so- 
called,  and  Segreganset  river,  so-called,  within  any  part 
of  the  courses  of  each  within  said  town  of  Dighton ;  or 
may  take  by  purchase  or  otherwise,  and  hold  the  waters 
of  any  springs  or  streams,  or  any  land  for  the  purpose  of 
boring  or  driving  artesian  or  other  wells  thereon,  in  the 
towns  of  Dighton  and  Somerset ;  and  may  take  and  hold 
either  or  all  of  said  water  sources,  or  so  much  of  either  as 
may  be  necessary,  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,  and 
may  erect  on  the  lands  thus  taken  or  held  proper  dams.  May  erect 
buildings,  fixtures  and  other  structures,  and  may  make  downpfpei!etc. 
excavations,  procure  q^nd  operate  machinery,  and  provide 
such  other  means  and  appliances  as  may  be  necessary  for 
the  establishment  and  maintenance  of  complete  and  effec- 
tive water  works ;  and  may  construct  and  lay  down  con- 
duits, pipes  and  other  works,  under  or  over  any  lands, 
water  courses,  railroads  or  public  or  private  ways,  and 
along  any  such  ways  in  such  manner  as  not  unnecessarily 
to  obstruct  the  same  ;  and  for  the  purpose  of  constructing, 
maintaining  and  repairing  such  conduits,  pipes  and  other 
works,  and  for  all  proper  purposes  of  this  act,  said  cor- 
poration may  dig  up  any  such  lands  and  waj's :  provided.  Provisos. 
however,  that  said  corporation  shall  not  enter  upon  and  dig 
up  any  public  ways  except  upon  the  approval  of  the  boards 


560 


Acts,  1895.  — Chap.  487. 


Description  of 
landB,  etc.,  to  be 
recorded. 


Damages. 


May  determine 
quantity  of 
water  to  be 
taken,  etc. 


of  selectmen  of  the  towns  in  which  such  ways  are  situated, 
after  a  public  hearing  by  said  boards,  of  Avhich  at  least  ten 
days'  notice  shall  he  given  by  publishing  an  attested  copy 
of  said  notice  in  a  newspaper  published  in  said  towns,  if 
any,  and  by  posting  an  attested  copy  of  said  notice  in  at 
least  five  pul)lic  places  in  said  towns  ;  and  2)^'ovuled,  fur- 
ther, that  no  hearing  shall  be  necessary  in  cases  where  said 
ways  are  to  be  entered  upon  and  dug  u\)  by  said  corpora- 
tion for  the  purpose  of  constructing  extensions  to  its  plant 
and  maintaining  and  repairing  such  conduits,  pipes  and 
other  works, 

Sectiox  3.  Said  corporation  shall,  within  sixty  days 
after  the  taking  of  any  lands,  rights  of  way,  water  rights, 
water  sources  or  easements  as  aforesaid,  otherwise  than  by 
i:)urchase,  file  and  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  county  and  district  in  which  the  same  are 
situated  a  description  thereof  sufficiently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  president  of  the  cor- 
poration. 

Section  4.  Said  corporation  shall  pay  all  damages 
sustained  by  anj^  person  in  property  by  the  taking  of  any 
land,  right  of  waj',  water,  water  source,  water  right  or 
easement,  or  by  any  other  thing  done  by  said  corporation 
under  the  authority  of  this  act.  Any  person  sustaining 
damages  as  aforesaid  under  this  act,  who  fails  to  agree  with 
said  corporation  as  to  the  amount  of  the  damages  sustained, 
may  have  the  damages  assessed  and  determined  in  the 
manner  provided  by  law  when  land  is  taken  for  the  laying 
out  of  highways,  on  application  at  any  time  within  the 
period  of  three  years  from  the  taking  of  such  land  or  other 
property  or  the  doing  of  other  injury-  under  the  authority 
of  this  act ;  l)ut  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  or  water  right,  or  for  any  injury  thereto,  until  the 
water  is  actually  withdrawn  or  diverted  I)}'  said  corpora- 
tion under  the  authority  of  this  act. 

Section  5.  Said  corporation  may  by  vote  from  time 
to  time  fix  and  determine  Avhat  amount  or  (luantity  of 
water  it  is  to  take  and  appropriate  under  this  act ;  in 
which  case  the  damages  for  such  taking  shall  be  based  upon 
sucli  amount  or  quantity  until  the  same  shall  be  increased 
by  vote  or  otherwise,  in  which  event  said  corporation  shall 


Acts,  1895.  — Chap.  487.  561 

be  further  liable  only  for  the  additional  damages  caused  by 
such  additional  taking. 

Section  (>.  Suid  corporation  may  distribute  the  water  Distribntion of 
through  said  towns  of  Dighton  and  Somerset  or  any  part  ^""^  *'^'  ^ "' 
thereof,  may  regulate  the  use  of  said  water  and  tix  and 
collect  water  rates  to  be  paid  for  the  use  of  the  same  ;  and 
said  towns  or  any  individual  or  corporation  maj'  make  such 
contracts  with  said  water  company  to  supply  water  for  tiie 
extinguishment  of  fires  and  for  other  purposes  as  may  be 
agreed  upon  by  said  towns,  individual  or  corporation,  and 
said  Dighton  and  Somerset  Water  Company ;  and  said 
water  company  may  receive  and  hold  an  assignment  of  any 
contract  already  authorized  and  entered  into  by  said  towns 
or  l)y  any  individual  or  corporation,  with  any  of  the  cor- 
porators hereunder,  for  the  supply  of  water  for  the  ex- 
tinguishment of  fires. 

Section  7.  Said  corporation  may,  for  the  purposes  set  Reai  estate, 
forth  in  this  act,  hold  real  estate  not  exceeding  in  value 
twenty-five  thousand  dollars,  and  the  whole  capital  stock 
of  said  corporation  shall  not  exceed  one  hundred  and 
twenty-five  thousand  dollars,  to  be  divided  into  shares  of 
one  hundred  dollars  each. 

Section  8.  Immediately  after  the  payment  of  the  certificate  of 
capital  of  said  corporation  a  certificate  shall  be  signed  and  Mpua'i'to'be 
sworn  to  by  its  president,  treasurer  and  at  least  a  majority  ^^'^^' '"°" 
of  the  directors,  stating  the  fact  of  such  payment,  the  man- 
ner in  which  the  same  has  been  paid  in,  and  the  manner 
in  which  such  capital  has  been  invested,  or  voted  l^y  the 
corporation  to  be  invested,  at  the  time  of  making  the  cer- 
tificate. Such  certificate  shall  be  approved  by  the  com- 
missioner of  corporations,  and  shall  be  filed  in  the  oflSce 
of  the  secretary  of  the  Commonwealth.  A  conveyance  to 
the  corporation  of  property,  real  or  personal,  at  a  fiiir 
valuation,  shall  be  deemed  a  sufficient  paying  in  of  the 
ca})ital  stock  to  the  extent  of  such  value,  if  a  statement  is 
included  in  the  certificate,  made,  signed  and  sworn  to  by 
its  president,  treasurer  and  a  majority  of  its  directors, 
giving  a  description  of  such  property  and  the  value  at 
which  it  has  l)een  taken  in  payment,  in  such  detail  as  the 
commissioner  of  corporations  shall  require  or  approve,  and 
endorsed  with  his  certificate  that  he  is  satisfied  that  said 
valuation  is  fair  and  reasonable. 

Section    9.      Said  corporation    niiiy  issue  bonds    and  ^0^,'**"® 
secure  the  same  by  a  mortgage  of  its  franchise  and  other  bonds,  etc. 


562 


Acts,  1895.  — Chap.  487. 


Ispno  of  stock 
nuii  bniidrt  to  be 
appruvt'd  by 
coininissioner  of 
corporalions. 


rennlty  for 
curriipiion  of 
water,  etc. 


Towns  may 
take  Irauohise, 
property,  etc., 
ai  uuy  time. 


property  to  an  amount  not  excccdini;  its  capital  stock 
actually  paid  in.  The  proceeds  of  all  bonds  so  issued 
shall  only  be  expended  in  the  extension  of  the  works  of 
the  corporation  and  for  the  })ayment  of  expenditures  actu- 
ally made  in  the  construction  of  the  works,  over  and  above 
the  amount  of  the  capital  stock  actually  paid  in. 

Section  10.  The  capital  stock  and  bonds  hereinbefore 
authorized  shall  be  issued  only  in  such  amounts  as  may 
from  time  to  time,  upon  investiiration  by  the  commissioner 
of  corporations,  be  deemed  l)y  him  to  be  reasonably  requi- 
site for  the  purposes  for  which  such  issue  of  stock  or  bonds 
has  been  authorized.  His  decision  approving  such  issue 
shall  specify  the  respective  amounts  of  stock  and  bonds 
authorized  to  be  issued  and  the  purposes  to  which  the  pro- 
ceeds thereof  arc  to  be  applied.  A  certificate  settino;  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  11.  "Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  corporation  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  corporation  three  times  the  amount  of  damaires 
assessed  therefor,  to  be  recovered  in  an  action  of  tort ;  and 
upon  conviction  of  cither  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  not  exceeding  three  hun- 
dred dollars  or  by  im])risonment  not  exceeding  one  year. 

Section  12.  The  towns  of  Dighton  and  Somerset  shall 
have  the  right  at  any  time  to  take,  by  purchase  or  other- 
wise, the  franchise,  corporate  property  and  all  the  rights 
and  privileges  of  said  corporation,  on  ])ayment  to  said  cor- 
poration of  the  actual  cost  of  its  franchise,  works  and  prop- 
erty of  all  kinds  held  under  the  provisions  of  this  act, 
including  in  such  cost  interest  on  each  expenditure  from 
its  date  to  the  date  of  said  purchase  or  taking,  as  lierein 
provided,  at  the  rate  of  five  per  cent,  per  annum.  If  the 
cost  of  maintaining  and  operating  the  works  of  said  cor- 
poration exceeds  in  any  year  the  income  derived  from  said 
works  by  said  corporation  for  that  year,  then  such  excess 
shall  be  added  to  the  total  cost ;  and  if  the  income  derived 
from  said  works  by  said  corporation  exceeds  in  any  year 


Acts,  1895.  — Chap.  487.  5G3 

the  cost  of  maintaining  and  operating  said  works  for  that 
year,  then  sueh  excess  shall  be  deducted  from  the  total 
cost.  An  itemized  statement  of  the  receipts  and  expendi-  statement  of 
tares  of  the  corporation  shall  be  annually  submitted  to  the  espenduiues  to 
selectmen  of  the  towns  of  Dig-hton  and  Somerset  and  by  annua^uy  "*''^ 
said  selectmen  to  the  citizens  of  said  towns.  If  said  cor- 
poration has  incurred  indebtedness  the  amount  of  such 
indebtedness  outstanding  at  the  time  of  such  taking,  in- 
cluding all  bonds  issued,  shall  be  assumed  by  said  towns 
and  shall  be  deducted  from  the  amount  required  to  be  paid 
by  said  towns  to  said  corporation  under  the  foregoing  pro- 
visions of  this  section.  This  authority  to  purchase  such 
franchise  and  property  is  granted  on  condition  that  the 
purchase  is  assented  to  by  said  towns  by  a  two  thirds  vote 
of  the  voters  of  said  towns  present  and  voting  thereon  at 
town  meetings  legally  called  for  that  purpose. 

Section  13.  Said  towns  may,  for  the  purpose  of  pay-  Dightonand 
ing  the  cost  of  said  corporate  property  and  the  necessaiy  IZn!^''^  '^^*^'" 
expenses  and  liabilities  incurred  under  the  provisions  of 
this  act,  issue  from  time  to  time  bonds,  notes  or  scrip  to 
an  amount  not  exceedins;  in  the  aarsreffate  two  hundred  and 
fifty  thousand  dollars  ;  such  bonds,  notes  and  scrip  shall 
bear  on  their  face  the  words,  Dighton  and  Somerset  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  cent,  per  annum,  and  shall  be  signed  by  the  treasurers 
of  the  towns  and  countersigned  by  the  vrater  commis- 
sioners hereinafter  provided  for.  Said  towns  may  sell 
such  securities  at  public  or  private  sale  or  pledge  the  same 
for  money  borrowed  for  the  purposes  of  this  act  upon  such 
terms  and  conditions  as  they  may  deem  proper.  Said  Sinking  fund. 
towns  shall  provide  at  the  time  of  contracting  said  loan  for 
the  estal^lishment  of  a  sinking  fund,  and  shall  annually 
contribute  to  such  fund  a  sum  sufficient  with  the  accumu- 
lations 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 
purposes. 

Section  14.     Said  towns,  instead  of  establishine:  a  sink-  ^"y  provide 

•/♦I  j.j_ix'  I'  1         '    •  •11  •         ^'"'  annual 

mg  tund,  may  at  the  time  ot  authorizing  said  loan  provide  payments  on 
for   the    payment   thereof  in   annual    payments    of  such 
amounts  as  will  in  the  aggregate   extinguish  the    same 
within  the  time  prescribed  in  this  act ;  and  when  such  vote 


564 


Acts,  1895.  — Chap.  487. 


Return  to  Ftate 
amount  oi  Biuk- 
ing  fund,  etc. 


Payment  of 
expensee,  etc. 


Water  commis- 
sioners, elec- 
tion, terms,  etc. 


To  be  truBtees 
of  Binkiog  fund 


Vacancy. 


Security  for 
piiyment  of 
damaijes,  etc. 
K-qiiiieil  ill 
certain  cases. 


has  been  passed  the  amount  required  thereby  shall  without 
further  vote  be  assessed  by  the  assessors  of  said  towns  in 
each  year  thereafter  until  the  debt  incurred  by  said  loan 
shall  be  extinguished,  in  the  same  manner  as  other  taxes 
are  assessed  under  the  provisions  of  section  thirty-four  of 
chapter  eleven  of  the  Public  Statutes. 

Section  15.  The  return  required  by  section  ninety- 
one  of  chapter  eleven  of  the  Public  Statutes  shall  state  the 
amount  of  any  sinking  fund  established  under  this  act,  and 
if  none  is  established  whetlier  action  has  been  taken  in 
accordance  with  the  provisions  of  the  preceding  section, 
and  the  amounts  raised  and  applied  thereunder  for  the  cur- 
rent year. 

vSectiox  16.  Said  towns  shall  raise  annually  by  taxa- 
tion a  sum  which  with  the  income  derived  from  the  water 
rates  will  })e  sufficient  to  pay  the  current  annual  expenses 
of  operating  their  water  works  and  the  interest  as  it  accrues 
on  the  bonds,  notes  and  scrip  issued  as  aforesaid  by  said 
towns,  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  17.  Said  towns  shall,  after  the  purchase  of 
said  corporate  property  as  provided  in  this  act,  at  legal 
meetings  called  for  the  purjiose  elect  ))y  ballot  three  per- 
sons to  hold  othce,  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  meetings,  to  constitute  l)oards  of  water  commission- 
ers ;  and  at  each  annual  town  meeting  thereafter  one  such 
commissioner  shall  l)e  elected  by  ballot  for  the  term  of 
three  years.  All  the  authority  granted  to  said  towns  by 
this  act  and  not  otherwise  specially  ]irovided  for  shall  l)e 
vested  in  said  1)oard  of  water  commissioners,  who  shall  be 
sul)ject  however  to  such  instructions,  rules  and  regulations 
as  said  towns  may  impose  by  their  vote.  Said  conmris- 
sioners  shall  be  trustees  of  the  sinking  fund  herein  pro- 
vided for,  and  a  majority  of  the  commissioners  shall 
consthute  a  quorum  for  the  transaction  of  business  relative 
both  to  the  water  works  and  the  sinking  fund.  Any  va- 
cancy occurring  in  said  boards  from  any  cause  may  l)e 
filled  for  the  remainder  of  the  unexpired  term  by  said 
towns  at  legal  town  meetings  called  for  the  purpose. 

Section  18.     Upon  a])plication  of  the  owner  of  any 
land,  water  or  water  rights,  taken  under   this    act,   the 


Acts,  1895.  — Chap.  488.  565 

county  commissioners  for  the  county  in  which  such  hmd, 
water  or  water  rig'hts  are  situated  shall  require  said  cor- 
poration to  give  satisfactory  security  for  the  payment  of 
all  damages  and  costs  which  may  be  awarded  such  owner 
for  the  land  or  other  propert}^  so  taken  ;  but  previous  to 
requiring  such  security  said  county  commissioners  shall," 
if  application  therefor  is  made  b}'  either  party,  make  an 
estimate  of  the  damages  which  may  result  from  such  tak- 
ing ;  and  said  county  commissioners  shall  in  like  manner 
require  further  security  if  at  any  time  the  security  before 
required  appears  to  them  to  have  become  insufficient ;  and 
all  the  right  or  authority  of  said  corporation  to  enter  upon 
or  use  such  land  or  other  property,  except  for  the  purpose 
of  making  surveys,  shall  be  suspended  until  it  gives  the 
security  required. 

Section  19.    This  act  shall  take  eifect  upon  its  passage,  when  to  take 
but  shall  become  void  unless  work  hereunder  is  commenced  ^ 
within  three  years  from  the  date  of  its  passage. 

Ap2:)roved  June  5,  1895. 

Ax  Act  to  provide  for  a  metropolitan  water  supply.        ChciV  4*^8 
Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  governor,  l)y  and  with  the  advice  and  w^a^e^Boild 
consent  of  the  council,  shall  appoint  three  water  commis-  appointment,' 
sioners,  who  shall  constitute  the  Metropolitan  Water  ^'^™' 
Board.  Said  commissioners  shall  hold  office,  one  for  the 
term  of  five  years,  one  for  the  term  of  four  years  and  one 
for  the  term  of  three  years,  beginning  with  the  first  Mon- 
day in  May  in  the  year  eighteen  hundred  and  ninety-five ; 
and  in  the  year  eighteen  hundred  and  ninety-eight,  and 
annually  thereafter,  the  governor  shall  appoint,  as  afore- 
said, one  member  of  said  board  to  hold  office  for  the  term 
of  three  years,  beginning  with  the  first  Monday  in  ]\Iay  in 
the  year  of  his  ap|)()intment.  The  governor,  with  the 
consent  of  the  council,  may  remove  any  member  of  said 
board,  and  may  aj^point  for  the  residue  of  the  term,  in  the 
same  manner  in  which  the  original  appointment  was  made, 
a  commissioner  to  fill  an}'  vacancy  occurring  by  removal, 
resignation  or  otherwise.  One  of  said  commissioners  shall 
be  always  a  citizen  of  Boston,  one  shall  be  always  a  citizen 
of  one  of  the  other  cities  or  towns  in  the  water  district 
hereinafter  described,  and  one  shall  l)e  always  a  citizen  of 
this  Commonwealth.     The  chairman  of  said  board  shall  Compensation. 


56G  Acts,  1895.  — Chap.  488. 

receive  a  salary  of  five  thousand  dollars  a  3'ear,  and  the 

other  members  a  salary   of  four  thousand  five  hundred 

dollars  a  year. 

appoi!nn"ent  of       SECTION  2.     Tlic  ijoveriior  shall,  as   soon  as  may  be 

eneinecr,  after  tlic  aiipointment  of  said  board,  and  annually  there- 

ofhcers,  etc.  ,  i  i      .  ,  ,■  -»  r  i       • 

after  on  or  l)elore  the  rirst  .Monday  oi  May,  desii:nat(!  one 
of  their  number  to  serve  as  ehairman  for  the  ensuing  year  ; 
said  board  shall  from  time  to  time  appoint  an  engineer, 
secretary,  and  such  other  agents,  officers,  clerks  and  other 
employees  as  said  board  may  deem  necessary,  shall  de- 
termine the  duties  and  comixmsation  of  such  a})})ointees, 
and  may  remove  the  same  at  pleasure,  and  may  employ 
AccountP,  counsel ;  shall  at  all  times  keep  full,  accurate  and  separate 
annua  report.  g^jj^^Q^^jj^g  gf  ^j^g  doiugs,  rcccipts,  expcuditurcs,  disburse- 
ments, assets  and  liabilities  of  said  board,  and  include  an 
abstract  of  the  same  in  an  annual  report  to  the  general 
court  on  or  before  the  first  Wednesday  in  January  in  each 
year,  such  report  to  be  numbered  as  one  of  the  series  of 
public  documents  ;  and  four  thousand  five  hundred  cojnes 
thereof  to  be  printed  annually. 
To  construct,  Section  3.     Said  board,  actinir  for  the  Commonwealth, 

etc.,  a  sysicin  01  ,  ,  '  >  , 

raeiropoiiiau  shall  coustruct,  maintain  and  operate  a  system  ot  metro- 
politan water  works  substantially  in  accordance  with  the 
})lans  and  recommendations  of  the  state  board  of  health, 
contained  in  their  re[)ort  to  the  legislature  of  the  year  eight- 
een hundred  and  ninet3'-five,  and  shall  provide  therel)y  a 
sulficient  su})ply  of  pure  water  for  the  following  named 
cities  and  towns,  and  the  inhabitants  thereof,  to  wit :  — 

?\\!i°r^i!iluict.  The  cities  of  Boston,  Chelsea,  Everett,  Maiden,  :\Iedford, 
Newton  and  Somerville,  and  the  towns  of  Belmont,  Hyde 
Park,  Melrose,  Revere,  Watertown  and  Winthroj),  which 
cities  and  towns  shall  constitute  the  Metropolitan  AVatcr 

au.uusion'^^f  ^'^'  Dlstrlct ;  shall  secure  and  protect  the  purity  of  said  water ; 

and foVils "into    ^^all  Oil  a})plicati()n  furnish  water  to  any  city   or  town 

water  district,  aforcsaid  that  at  the  time  of  ap})lication  owns  its  water 
pipe  system;  shall  on  application  admit  any  other  city  or 
town,  any  part  of  which  is  within  ten  miles  of  the  state 
house,  into  said  water  district,  and  furnish  water  to  the 
same  on  the  terms  prescribed  by  this  act  for  the  cities  and 
towns  aforesaid,  and  on  such  })ayment  of  money  as  said 
board  may  determine  :  shall  on  ai)plication  furnish  water 
to  any  water  company  owning  the  water  pipe  system  in 
any  town  within  said  ten  miles,  on  such  water  company 
assumino;  the  assessments  of  the  town,  if  any,  and  making 


etc 


Acts,  1895.  — Chap.  488.  567 

such  payment  of  money  as  said  board  may  determine ; 
and  may  from  time  to  time  furnish  water  to  any  other 
city,  town  or  water  company,  on  such  payment  of  money 
as  said  board  may  determine.     All  payments  of  money  Distribution  of 
aforesaid  shall  be  distributed  to  the  cities  and  towns  in  Souej °  iiiruish. 
said  district  in  proportion  to  the  total  amount   of  the  e°f.°^  ^'^^^'^' 
annual  assessments  theretofore  paid  by  them  respectively. 
Said  board  shall  furnish  said  water  to  the  city,  town  or 
company,  by  delivering  the  same  into  a  main  water  pipe, 
reservoir  or  tank  of  the  city,  town  or  company,  under 
sufficient  pressure  for  use  without  local  pumping,  unless 
delivered  in  some  other  manner  by  mutual  agreement  ])e- 
tween  the  parties  interested ;  and  shall  have  the  direction 
and  control  of  the  connections  between  the  metropolitan 
and  local  systems.      Said  board  may  utilize  the  fall  of  May  produce 
w^ater  at  any  dam  under  their  charge,  and  may  thereby  power  or 
produce   power   or  electricity,    and   may   transmit   such  «'^°*"'='^>'>  ^^°' 
power  or  electricity  by  pipes,  wires,  or  other  suitable 
means,  and  sell  the  same,  or  the  right  to  use  such  water, 
by  written  or  other  contract,  to  run  for  a  term  not  ex- 
ceeding fifteen  years.     Any  person  or  corporation  author- 
ized by  said  board  shall  have  all  the  powers  relating  to  the 
production,  sale  and  transmission  of  power  and  electricity 
given  by  this  act  to  said  board. 

Section  4.  Said  board  may  take,  by  purchase  or  May  take  and 
otherwise,  the  waters  of  the  south  branch  of  the  Nashua  flowof  cenain 
river,  at  and  above  a  point  above  the  dam  of  the  Lancaster  ^^'^"'  ^"^• 
Mills  in  the  town  of  Clinton,  l)ut  shall  allow  not  less  than 
twelve  million  gallons  of  water  to  flow  from  a  reservoir 
above  said  dam  in  each  week,  and  such  further  quantity, 
not  exceeding  twelve  million  gallons  a  week,  as  the  owner 
of  said  mills  shall  from  time  to  time  certify  to  be  neces- 
sary for  use  therein  and  in  other  buildings  now  or  here- 
after owned  by  him,  for  domestic  and  manufacturing 
purposes,  other  than  the  production  of  water  power,  and 
said  board,  in  regulating  the  flow  of  said  quantities,  shall, 
as  far  as  practicable,  conform  to  any  reasonable  request  in 
writing  of  the  owner  of  said  mills ;  said  board  may  also 
take  the  waters  of  Sandy  pond,  so-called,  in  the  town  of 
Clinton,  and  the  waters  which  may  flow  into  and  from  said 
pond  or  river,  and  the  tributaries  thereof  above  said  point ; 
may  take  such  water  rights  as  they  deem  necessary  con- 
nected with  said  waters ;  said  board  shall  forthwith,  after 
taking  the  waters  of  said  Nashua  river,  take  by  purchase 


568 


Acts,  1895.  — Chap.  488. 


Mny  take  cer- 
tain laiidn,  prop- 
erty, etc. 


May  take 
ceiiaiii  other 
property. 


Description  of 
property  to  be 
recorded,  etc. 


or  othorwisc  all  real  estate  which  will  he  sul)nierirecl  or 
flooded,  or  .suhinerged  to  an  increased  de};th,  hy  the  con- 
struction of  the  proposed  reservoir  on  the  Nashua  river 
hereinafter  provided  for,  and  all  parcels  of  real  estate 
above  the  dam  of  said  reservoir  used  for  mill  purposes 
and  owned  by  the  owner  of  any  mill  property  of  which 
any  i)art  will  be  submerucd  or  flooded  by  the  construction 
of  said  reservoir,  includino-  all  the  machinery  used  on  such 
real  estate  and  tenements  for  oi)eratives ;  shall,  on  or  be- 
fore the  tirst  day  of  ^January  in  the  year  eighteen  hundred 
and  ninety-eight,  take  all  the  lands  and  all  the  ponds, 
basins,  reservoirs,  filter  beds,  dams,  aqueducts,  conduits, 
pumping  stations,  pipes,  pumps  and  other  property  held 
by  the  city  of  Boston  for  the  purpose  of  suj)plying  water 
or  for  the  purpose  of  storing  or  of  protecting  or  preserv- 
ing the  purity  of  the  Avater,  and  situated  westward  of 
Chestnut  Hill  reservoir  in  said  city  and  westward  of  the 
intersections  of  the  main  pipes  to  be  laid  from  Chestnut 
Hill  reservoir  to  Spot  i)ond,  with  the  main  pipes  which 
convey  water  from  the  ]\Iystic  distributing  reservoir:  also 
the  pumping  station  at  Chestnut  Hill  reservoir  and  lands 
under  and  surrounding  the  same,  and  the  pipes  and  a(jue- 
duct  leading  thereto;  also  8i)ot  pond,  so-called,  in  or 
near  the  town  of  Stoneham,  and  the  lands  under  and  sur- 
rounding the  same,  now  owned  by  the  cities  of  ]\lalden 
and  ^Nledford  and  the  town  of  ]\Ielrosc,  or  eithei'  of  them, 
held  for  the  ))urpose  of  water  sup})Iy  or  of  i)rotecting  or 
preserving  the  purity  of  the  water,  and  the  pumping 
stations  and  pumps  thereon  ;  any  or  all  of  the  aforesaid 
lands  to  be  taken  in  ft^e  or  otherwise,  as  said  board  may 
determine.  Said  board  may  take  any  other  lands  in  fee, 
easements,  rights  and  other  property  that  said  board  may 
deem  necessary  or  desirable  for  carrying  out  the  powers 
and  duties  conferred  upon  them  by  this  act. 

Sec:tion  5.  Said  board,  to  take  any  property  by  right 
of  eminent  domain,  shall  sign  and  cause  to  be  recorded  in 
the  registry  of  deeds  for  the  county  and  district  in  which 
the  property  to  be  taken  is  situated,  a  statement  contain- 
ing a  description  thereof,  as  certain  as  is  required  in  a 
connnon  conveyance  of  land,  and  stating  that  the  same  is 
taken  for  the  metropolitan  water  works;  and  ui)on  such 
recording  the  ponds,  works,  lands,  waters,  easements, 
rights  and  other  property  described  in  said  description 
shall  be  taken  for  the  Commonwealth.     Said  l)oard,  upon 


Acts,  1895.  — Chap.  488.  569 

entciinir  upon  any  land  for  the  purpose  of  using  the  same 
for  carrying  out  any  of  the  purposes  of  this  act,  shall  sign 
and  cause  to  be  recorded  in  the  registry  aforesaid  a  state- 
ment containing  a  general  description  of  the  land  and  the 
purposes  for  which  it  is  to  be  used,  and  the  probable  time 
for  which  the  same  is  to  be  used,  and  after  they  have 
taken  any  property  under  the  right  of  eminent  domain 
shall  notify  the  owner  thereof,  and  on  the  request  of  the 
owner  within  three  years  after  such  taking  shall,  within 
thirty  days  after  such  request,  furnish  him  with  a  plan 
or  description  in  writing,  of  his  land  or  other  property 
so  taken. 

Section  6.  Said  board  shall  forthwith,  after  taking  to  construct 
the  waters  of  said  Nashua  river,  construct  a  storage  reser-  voirefetc?^ " 
voir  upon  said  Nashua  river  above  said  dam  of  the  Lan- 
caster Mills ;  shall  forthwith  construct  the  reservoir  in 
Southborough  already  partially  constructed  by  the  city  of 
Boston,  and  the  dams  thereof,  and  assume  and  carry  out 
the  agreement  made  by  said  city  with  the  town  of  South- 
borough,  and  all  contracts  made  by  said  city  relating  to 
the  building  of  said  reservoir ;  may  construct  other  reser- 
voirs, and  may  raise  the  level  of  any  pond  or  reservoir 
under  their  charae.     Said  l)oard  may,  as  they  deem  desir-  May  raise,  alter 

1  1       .  ,  S  •    •  j^i        i  1        i'  1  or  discouliriue 

able  m  constructmg,  or  raismg  the  level  ot,  any  pond  or  paruof  rau 
reservoir,  raise  or  alter  or  discontinue  parts  of  any  rail-  ways,  etc'!" ''^^'' 
Toad  or  public  ways,  and  in  case  of  a  railroad  shall  make 
such  raisings  or  alterations  of  the  railroad,  or  construct 
upon  existing  or  other  locations,  parts  of  the  railroad  to 
take  the  place  of  the  parts  so  discontinued,  as,  and  in 
such  manner  as,  shall  be  mutually  agreed  upon  by  said 
water  board  and  the  board  of  directors  of  the  railroad 
company ;  and  if  they  cannot  agree  thereon  then  as,  and 
in  such  manner  as,  shall  be  determined  on  the  application 
of  either  party,  in  writing,  by  the  board  of  railroad  com- 
missioners of  this  Commonwealth,  who  are  hereby  author- 
ized and  directed  to  adjudicate  tinally  upon  the  same  ;  and 
if  said  Avater  board  shall  be  of  the  opinion  that  the  making 
of  any  such  change  of  grade,  alteration  or  construction 
requires  that  lands  be  taken  therefor,  said  board  shall,  in  May  take  and 
the  name  of  the  Commonwealth,  take  such  lands  and  con-  hl'ndB?etc"^*° 
vey  the  same  to  the  railroad  company  to  be  thereafter 
held  and  used  as  the  board  of  directors  of  such  com])any 
may  determine,  and  the  railroad  company  may  if  it  desires 
locate  its  lines  over  any  lands  so  conveyed  to  it,  and  when 


570 


Acts,  1895.  — Chap.  488. 


Railroad 
coinpuiiies  may 
discoutinue 
operation  of 
rerlain  portions 
of  existing  lines, 
etc. 


Flooding  or 
Oiherwise 
affc'ctiiii;  burial 
grounds. 


To  connect 
punipiui; 
station  at 
Chestnut  riilt 
re^frvoir  wiih 
certain  main 
water  pipes,  etc. 


Delivery  of 
water  for  ii«e  in 
Lancaster  Mills. 


said  new  lines  of  railroad  arc  com])lcted  the  railroad  com- 
pany may  discontinue  the  operation  of  the  portions  of 
its  existing  lines  for  which  the  new  lines  are  substituted, 
and  may  maintain  and  opeiate  said  new  lines  of  railroad; 
and  said  \\ater  board  shall  build  the  dam  of  any  pond 
or  reservoir  constructed,  or  whose  level  is  raised,  as  afore- 
said, and  make  the  raisings  or  alterations  of  the  public 
wa^'s  as  aforesaid,  and  build  in  place  of  the  parts  of 
jmblic  ways  discontinued,  as  aforesaid,  such  other  reason- 
al)le  and  suitable  ways,  which  shall  thereafter  be  high- 
ways, as,  and  in  such  maimer  as,  shall  be  mutually  agreed 
upon  by  said  water  board  and  the  county  commissioners 
of  the  county  in  which  such  dam  is  to  be  built ;  or  if  they 
cannot  agree  thereon  then  as,  and  in  such  manner  as,  shall 
be  determined  on  the  application  of  said  board,  in  writing, 
by  the  highway  commission  of  this  Commonwealth,  which 
conmiission  is  hereby  authorized  and  directed  to  adjudicate 
tinally  upon  the  same.  Said  water  board,  in  flooding  or 
otherwise  affecting  any  burial  ground,  shall  conform  to 
any  reasonable  requirements  relating  thereto  of  the  board 
of  health  of  the  city  or  town  in  which  the  same  is 
situated. 

Section  7.  Said  water  l)oard  shall  forthwith  lay  pipes 
to  connect  the  pumping  station  at  Chestnut  Hill  reservoir 
with  the  main  water  pipes  through  which  water  is  now 
supplied  to  the  cities  of  Somerville,  Chelsea  and  Everett, 
and  the  Charlestown  district  of  the  city  of  Boston,  and 
with  Spot  pond,  and  on  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-eight  the  contracts  of 
the  city  of  Boston  with  the  cities  of  Somerville,  Chelsea 
and  Everett,  described  in,  and  confirmed  by,  chapter  three 
hundred  and  fifty-one  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-si.x,  for  a  supply  of  water,  shall  be  can- 
celled. Said  board  shall  also  forthwith,  after  taking  the 
waters  of  Nashua  river  as  aforesaid,  connect  said  river  with 
the  tributaries  of  said  reservoir  in  Southl)orough. 

Section  8.  Said  board,  until  they  shall  have  coaii- 
pleted  the  dam  of  said  proposed  reservoir  on  the  Nashua 
river,  and  rebuilt  the  dam  of  said  Lancaster  iNlills,  shall, 
unless  otherwise  agreed  l)y  said  board  and  the  owner  of 
said  mills,  deliver  each  week  day  at,  and  at  the  level  of, 
the  ])rescnt  top  of  the  dam  of  said  mills  at  least  one 
million  gallons  of  the  water  of  said  river,  unpolluted  by 
anv  acts  or  doings  of  said  l)oard,  conforming  in  the  de- 


Acts,  1895.  — Chap.  488.  571 

livery  of  said  quantity,  so  far  as  practicable,  to  any  reason- 
able request  in  writing  of  the  owner  of  said  mills. 

Section  9.  Said  board  in  canning  out  the  powers  and  i;^"fd^°"f  ^]^y' 
duties  hereinbefore  conferred  upon  them  may  construct  and  pipes,  etc'. 
maintain  buildings,  machinery,  roads,  conduits  and  aque- 
ducts ;  may  lay  and  maintain  pipes,  drains  and  wires  ;  may 
alter  or  change  the  grades  or  directions  of  an}-  water  course  ; 
may  carry  and  conduct  any  aqueduct,  conduit,  pipe,  drain 
or  wire  under  or  over  any  water  course,  or  any  railroad, 
street  or  other  way,  in  such  a  manner  as  not  unnecessarily 
to  obstruct  or  impede  tra\el  thereon  ;  may  dig  u})  any  such 
road,  street  or  way,  and  lay,  maintain  and  repair  aque- 
ducts, conduits,  pipes,  wires  and  other  works  beneath  the 
surface  thereof,  conforming  to  any  reasonable  regulations 
made  by  the  mayor  and  aldermen  of  cities  and  the  select- 
men of  towns,  respectively,  wherein  such  works  arc  per- 
formed, and  restoring,  so  far  as  practicable,  any  such 
road,  street  or  way,  to  as  good  order  and  condition  as  the 
same  was  in  when  such  digging  was  commenced;  said  May  enter  upon 
board  may  enter  upon  and  use  tlie  lands  of  others ;  may  rauds'eic?  "' 
take  down  dams  to  such  an  extent  as  they  may  deem  neces- 
sary for  prosecuting  their  works,  and  shall  rebuild  such 
dams  whenever  the  necessity  for  keeping  them  down 
ceases ;  shall  use  such  lands  and  do  all  work  relating-  to 
such  dams,  in  a  reasona])le  manner  with  regard  to  the 
interests  of  the  owners  thereof,  and,  so  far  as  practicable, 
shall  heed  all  reasonable  requests  made  by  such  owners; 
and  in  general  may  do  any  other  act  or  thing  necessary  or 
proper  for  carrying  out  the  powers  and  duties  conferred 
upon  them  by  this  act. 

Section  10.     Said  board,  on  or  before  the  first  day  of  operation  of 

.  ,  '  .  y  works  taken 

January  in  the  year  eiahteen  hundred  and  ninety-eio'ht,  f'om  city  of 
shall  commence  the  operation  of  the  works  taken  by  them 
from  the  city  of  Boston,  and  shall  thereafter  keep  the  same 
and  all  water  works  constructed  by  them,  and  all  bridges 
which  they  may  build  across  said  reservoir  upon  the  Nashua 
river,  and  ( until  they  abandon  the  same  by  notice  in  writ- 
ing to  said  cit}^)  said  Chestnut  Hill  reservoir,  safe,  and 
shall  have  charge  of,  use,  maintain  and  operate  the  same, 
and  the  Commonwealth  shall  exclusively  be  responsil)le  for 
all  damages  caused  thereby  or  by  any  defect  or  want  of 
repair  therein  ;  said  board  shall  have  the  exclusive  right 
and  control  over  all  ponds  and  reservoirs  used  by  them  in 
supplying  water,  and  may  order  all  persons  to  keep  from 


572 


Acts,  1895.  — Chap.  488. 


entorinir  in,  upon  or  over,  the  waters  thereof  andtlie  lands 
of  the  Couimouwealth,  city  or  town,  surrounding  the  aanie  ; 
may  inspect  the  water  works  and  tixtures  in  any  city  or 
town  supplied  wholly  or  in  part  from  the  works  under 
their  charue,  and  may  take  all  projoer  measures  to  deter- 
mine the  amount  of  water  used  and  wasted  and  to  prevent 
the  improper  use  or  waste  of  water. 
plTmpi^Kof  Section  11.     Said  board  and  any  city,  town  or  water 

water,  piirchnse  compauv  aforcsaid,  may  aaree  with  each  other  for  the  stor- 

of  properly,  eic.  .  1         •  .  .  '       '~         ,         .  ,  .  .     , 

mg  or  })umpmiT:  ot  water,  or  the  lurnishmir  ot  the  same  as 
aforesaid  by  either  party  to  any  city,  town  or  company ; 
and  any  such  city,  town  or  company  may  sell  to  said  board, 
and  said  board  may  purchase  any  property  of  such  city, 
town  or  company,  whether  taken  by  eminent  domain  or 
otherwise,  that  said  })oard  may  deem  desirable  for  use  in 
furnishinir,  as  aforesaid,  water  to  any  city,  town  or  water 
company ;  and  said  board  may  sell  at  pul)lic  or  private 
sale  any  property,  real  or  personal,  whether  taken  by  emi- 
nent domain  or  otherwise,  no  lonirer  needed  for  the  water 
works  under  their  charge,  or  may  from  time  to  time  lease 
any  property  not  then  so  needed.  1  he  proceeds  from  the 
operations  of  said  board  shall  be  paid  into  the  treasury  of 
the  Commonwealth. 

Section  12.  Said  l)oard  shall  incur  such  expenses  as 
they  deem  necessary  in  constiucting,  oj)erating  and  main- 
taining the  water  works  under  their  charge  ;  may  agree 
with  the  party  injured,  upon  the  damages  sustained  by  any 
city  or  town  by  the  taking  or  use  of  its  lands,  i)onds,  reser- 
voirs, water  sources,  a(]ueducts  or  other  property,  or  the 
cancellation  of  contracts,  as  aforesaid ;  the  (lamagcs  sus- 
tained by  the  town  of  Clinton  by  any  interference  with  its 
sewerage  system  or  with  its  drainage  rights  or  privileges  ; 
the  damages  sustained  by  any  person  or  railroad  or  other 
corporation  in  property  by  an}'  taking  of  properly  or  by 
any  change  of  grade,  alteration  or  discontiiuiance  of  any 
railroad  or  public  way,  or  by  the  construction  or  main- 
tenance of  any  reservoir  or  other  work,  or  ])y  the  inter- 
ference with  the  use  of  any  water,  or  b}'  any  other  act  or 
thing  done  by  said  board  under  this  act ;  shall  save  harm- 
less the  several  cities  and  towns  within  which  any  road, 
street  or  way  is  dug  uj)  as  aforesaid,  against  all  damages 
for  injuries  resulting  from  a  defect  or  want  of  repair  in  any 
road,  street  or  way,  caused  by  such  digging  u]),  or  by  con- 
structing, laying,  maintaining  or  repairing  any  aijueduct, 


Board  to  incur 
expenses  necee 
sary  in  con- 
Btruclin);,  etc., 
water  worljs, 
etc. 


Acts,  1895.  — Chap.  488.  573 

conduit,  pipe,  wire  or  other  works  therein,  and  shall  fur- 
nish vt  ithout  charge  to  all  towns  within  which  any  work  is 
done  under  authority  of  this  act  such  additional  police  pro- 
tection as  may  be  necessary  in  consequence  thereof:  ^j?'0-  Proviso. 
vided,  said  l)oard  shall  have  due  and  reasonable  notice  of 
the  claims  for  such  damages  and  opportunity  to  make  a 
legal  defence  thereto. 

Section  13.  Said  board,  city,  town,  person  or  cor- Damages  to  be 
poration,  if  they  cannot  agree  upon  any  damages,  sustained  aluTyVncer-^ 
as  aforesaid,  may,  except  in  the  cases  in  which  payment  is  *"'"  '""*''^'  ^'°' 
otherwise  provided  for  in  this  act,  within  two  years  after 
the  day  of  the  taking  of  any  land,  water,  easements  or 
other  property,  or  of  the  use  of  any  property,  or  of  the 
making  of  any  change  of  grade,  alteration,  discontinuance, 
or  location  of  a  way  or  railroad,  or  of  the  doing  of  any 
other  act  or  thing  causing  the  damage,  file  in  the  office  of 
the  clerk  of  the  superior  court  for  the  county  in  which  the 
property  taken,  used  or  afl'ected  in  value  by  such  taking  or 
other  act  of  said  Iward  is  situated,  a  petition,  signed  by 
the  petitioner  or  the  attorney  of  the  petitioner,  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  damasres  for  lands  taken  for  hiohways  are  de- 
termined.      In  determininaf  any  damages  caused  by  any  Benefit  to  be 

^  *j  ^  tak6D  into 

change  of  grade  or  discontinuance  of  a  public  way  or  rail-  account  in 
road,  or  the  substitution  of  a  part  of  a  public  way  or  rail-  damage'",'efc. 
road  for  another  part,  there  shall  be  taken  into  account  any 
benefit  to  the  party  injured  received  from  this  act  and  any- 
thing done  thereunder.  Interest  shall  be  included  in  such 
damages  from  the  date  of  the  taking,  or  the  doing  of  the 
act  or  thing  causino;  the  damages,  and  costs  shall  be  taxed 
and  execution  issued  as  in  civil  cases,  against  the  Com- 
monwealth in  case  the  petitioner  prevails,  and  against 
the  petitioner  in  case  he  does  not  prevail.  Damages 
for  the  temporary  use  of  or  injury  to  property  may,  on 
the  request  of  the  petitioner,  l)e  assessed  by  monthly 
payments,  to  be  continued  so  long  as  the  property  is 
used. 

Sectiox   14.     Said  board,  upon  the  application  of  the  Board  may 
owner  of  any  real  estate  taken-  for  said  proposed  reservoir  owners  ut 
upon  the  Nashua  river,  or  the  owner  of  any  real  estate  esiate^ario 
entered  upon  and  used,  or  of  any  real  estate  injured  by  the  ^^'^^s'^^'  «*'°' 
takins:  of  the  waters  of  said  Nashua  river,  whether  said 


574  Acts,  1895.  — Chap.  4S8. 

real  estate  is  M'ithin  or  without  the  Common  wealth,  or  of 
any  real  estate  not  taken  hut  directly  or  indireclly  de- 
creased in  value  by  this  act  or  the  doings  of  said  board 
thereunder,  situated  in  the  town  of  West  Boylston  or  in 
that  part  of  the  town  of  Boylston  on  the  northerly  side  of 
said  proposed  reservoir,  or  in  that  part  of  the  town  of 
Clinton  on  either  side  of  River  or  Grove  streets,  between 
the  dam  of  said  proposed  reservoir  and  a  line  drawn  from 
the  northerly  corner  of  Oak  and  Hoylston  streets  to  the 
northerly  coiner  of  said  Grove  and  Nashua  streets,  and  not 
owned  on  the  iirst  day  of  A])ril  in  the  year  eighteen  hun- 
dred and  ninety-five,  by  the  owner  of  the  Lancaster  ]\lills, 
may  agree  with  such  owner  upon  the  damages  to  be  paid 
In  case  of  for  such  taking,  iujury  or  decrease  in  value,  and  if  said 

dnrnfiLe's'^aybe  l)oard  aud  the  owner  of  any  such  real  estate  cannot  agree 
commi'Sl'/    upon  such  dauiagcs,  such  owner  may,  within  two  years 
after  the  first  taking  of  water,  or  of  land  for  said  reservoir, 
under  the  right  of  eminent  domain,  file  in  the  clerk's  ofiice 
of  the  supreme  judicial  court  for  the  county  of  Worcester, 
in  term  time  or  vacation,  a  petition  for  the  determination 
of  such  damages,  and  thereupon  said  court,  after  notice  by 
publication  in  some  newspaper  published  in  the  county  of 
Worcester,  and  in  such  other  manner  as  the  court  may 
order,  that  all  persons  entitled  to  file  such  petitions  will 
be  heard  by  said  court  on  a  day  therein  named,  and  a  hear- 
ing thereon  ;  shall  from  time  to  time  appoint  one  or  more 
commissions,  each  consisting  of  three  disinterested  per- 
sons, and  may  after  notice  and  hearing  fill  any  vacancy 
occurring  in  any  such  commission  until  all  petitions  re- 
ferred to  it  have  been  heard  and  determined.     Each  of  said 
conunissions  shall,  after  notice  and  hearing,  determine  the 
damages  specified  in  all  such  petitions  as  may  be  filed  as 
If  owner  eigni-    aforcsaid  and  referred  to  it  by  said  court ;  and  if  the  owner 
ur'su^rSr'   of  any  such  real  estate,  no  part  of  which  is  taken  but  which 
''lTue°e'tc*'        ^^  decreased  in  value,  shall  in  the  petition  aforesaid  signify 
comra'ission  to    jj^g  wiUinguess  to  surrender  the  real  estate,  or  if  there  is  a 
vaiueret"c!         mill  thereon,  the  real  estate  and  machinery  thereon,  to  the 
Conunonwealth,  the  commission  shall  also  determine  the 
value  of  such  real  estate,  or  real  estate  and  machinery,  and 
interest  may  be  included  in  such  damages  and  in  such  value 
at  such  rate  and  for  such  time  as  the  commission  may  deem 
just  and  equitable.     Said  commissions  shall  determine  the 
damage  to  and  value  of  real  estate,  machinery  and  busi- 
ness, and  from  time  to  time  report  their  determinations  on 


Acts,  1895.  — Chap.  ^S8.  575 

the  petitions  of  such  owners  to  said  court.     In  case  any  ^^.™"^''/° 
individual  or  tirm  owning  on  the  first  day  of  April  in  the  lished  business 
yeareishteen  hundred  and  ninety-tive  an  established  busi-  B°on,how°^*' 
ness  on  land  in  the  town  of  West  Boylston,  whether  the  H"o7dTBagr"ee. 
same  shall  be  taken  or  not  under  this  act,  or  the  heirs  or  i^^ent. 
personal  representatives  of  such  individual  or  firm,  shall 
deem  that  such  business  is  decreased  in  vakie  by  the  carry- 
ing out  of  this  act,  whether  by  loss  of  custom  or  otherwise, 
and  unable  to  agree  with  said  board  as  to  the  amount  of 
damages  to  be  paid  for  such  injury,  such  damages  shall  be 
determined  and  paid  in  the  manner  hereinbefore  provided. 
The  words  *'  real  estate"  as  used  in  this  section  shall  in-  certain  words 
elude  water  rights,  and  in  the  case  of  mills  all  machinery 
thereon. 

Sectiox  15.     Said  board   shall,  upon  agreeing   upon  Payment  of 

X  1  *-    •  1  4-        i-    damages,  Btc. 

any  damages,  or  upon  the  acceptance  by  said  court  oi 
any  determination  specified  in  the  preceding  section, 
notify  the  owner  that  they  will  pay  the  damages,  or,  in 
case  the  petitioner  offers  to  make  surrender,  if  they  so 
prefer,  they  will  pay  the  value  so  agreed  upon  or  deter- 
mined, and  if  any  such  owner  shall  in  accordance  with 
such  notice  and  within  one  year  after  being  so  notified, 
deliver  a  release  of  such  damages  or  a  deed  of  the  real 
estate,  to  and  satisfactory  to,  said  water  board,  said  water 
board  shall  certify  to  the  treasurer  of  the  Commonwealth 
the  amount  to  be  paid  such  owner,  and  said  treasurer  shall 
pay  the  s  ime  from  the  proceeds  of  the  bonds  hereinafter 
provided  for.     Said  water  board,  or  any  persons  whose  Damages  m^y 

,•,1  ij.1  -ij.!?  •  J.1  •  lie  determined 

property  is  taken  under  the  right  ot  eminent  domain,  or  by  a  jury  in 
entered  upon  or  injured  by  the  taking  of  said  water,  if  certain  cases, 
dissatisfied  with  any  determination  of  damages  made  by 
any  commission,  may  at  the  term  on  which  such  deter- 
mination is  filed  in  court,  or  at  the  succeeding  term,  claim 
a  trial  by  jury  to  determine  such  damages,  and  there- 
upon the  damages  shall  be  determined  by  a  jury  in  said 
supreme  judicial  court  as  provided  in  section  thirteen  of 
this  act. 

Section  1G.     Thetreasurer  of  the  Commonwealth  shall,  city  of  Boston 
from  the  proceeds  of  the  bonds  hereinafter  provided  for,  bursed  and 
reimburse  the  city  of  Boston  for  all  moneys  paid  or  that  ut'^JfaTdTo"" '° 
may  hereafter  be  paid  by  said  city  for  land  damages,  or  gt^"au'd  Weet' 
otherwise,  in  connection  with  the  location,  building  or  Boyiston. 
maintenance  of  reservoirs  or  basins  not  yet  built,  or  for 
lands  taken  for  the  preservation  or  protection  of  the  purity 


57G  Acts,  1895.  —  Chap.  488. 

of  the  waters  of  any  reservoirs,  or  basins  or  of  the  tribu- 
taries thereof,  and  shall  pay  as  part  of  the  expenses  of 
said  metropolitan  water  works  to  the  town  of  l>oylston 
the  sum  of  two  thousand  dollars  a  year  and  to  the  town 
of  West  Boylston  the  sum  of  twelve  thousand  dollars  a 
year  for  the  y(^ar  of  and  each  year  sueceediuij^  said  taking 
of  the  waters  of  said  Nashua  river,  so  long  as  each  of  said 
towns  remains  a  municipality,  and  shall  pay  no  tax  or 
other  payment  to  either  of  said  towns  on  account  of  any 
property  held  by  said  water  l)oard  for  the  j.urposes  of  a 
water  sup})ly. 
w*a*te/'Lo'Jir.  Section   17.     The  treasurer  and  receiver  general  shall, 

from  time  to  time,  on  the  request  of  said  board,  issue 
negotiable  bonds  in  the  name  and  behalf  of  the  Common- 
wealth, and  under  its  seal,  to  an  amount  not  exceeding 
twenty-seven  million  dollars,  designated  on  the  face 
thereof,  ^Metropolitan  Water  Loan.  Said  bonds  shall  be 
deemed  a  pledge  of  the  faith  and  credit  of  the  Common- 
wealth, shall  be  countersigned  by  the  governor ;  shall 
have  the  principal  and  interest  made  payable  thereon,  in 
gold  coin  of  the  United  States  of  America  or  its  equiva- 
lent;  shall  bear  interest  i)ayable  semi-annually  on  the  first 
days  of  January  and  July  of  each  year  ;  shall  be  registered, 
or  with  interest  coupons  attached  ;  shall  be  payable  within 
such  terms  not  less  than  thirty  nor  more  than  forty  years, 
and  shall  bear  such  rates  of  interest  not  exceeding  four 
per  cent,  per  annum,  and  be  issued  and  disposed  of  in 
such  amounts  and  in  such  modes  and  at  such  times  and 
prices  as  the  treasurer  and  receiver  general,  "with  the  ap- 
proval of  the  governor,  shall  iVoni  time  to  time  deter- 
Sinking  fund.  miuc.  Said  treasurer  shall,  on  issuing  any  of  said  bonds, 
establish  a  sinking  fund  and  determine  the  amount  to  be 
paid  thereto  each  year,  sufficient  with  its  accuuuilations 
to  extinguish  the  del)t  at  matuiity. 
proc°«i«'f"om  Section  1<S.  Said  treasurer  shall  apply  the  ])roceed8 
saien  of  iHO])-  froiu  tlic  sales  of  property  made  as  hereinbefore  provided, 
etc.  '  and  the  proceeds  from  the  sales  of  said  l)onds,  exclusive 

of  the  amounts  received  from  jiremiums,  to  the  payments 
for  the  property  taken  by  said  board,  the  ])ayment  of  the 
damages  aforesaid,  and  the  i)aynient  of  the  expenses  of 
construction  of  said  water  works,  and  the  other  ])ayments 
.specified  in  this  act,  and  shall  apply  any  premiums  re- 
ceived from  sales  of  said  bonds,  any  assessments  hereinafter 
pro^■ided  for  paid  by  the  cities  and  towns,  and  the  pro- 


Acts,  1895.  — Chap.  488.  577 

ceeds  from  the  operations  of  said  board,  exclusive  of  the 
proceeds  fro.m  sales  of  property,  to  the  payuient  of  the 
interest,  sinking  fund  requirements  and  expenses  of  main- 
tenance and  operation  of  said  water  works,  and  shall  take 
the  balance  required  for  said  payments,  if  any,  from  the 
proceeds  of  said  bonds,  and  shall  apply  the  surplus,  if 
any,  to  the  payment  of  said  interest,  sinking  fund  require- 
ments and  expenses,  for  the  following  year.  Said  treas-  certain  pums  to 
urer  shall  advance  to  such  person  as  shall  have  been 
designated  by  said  water  board  and  shall  have  given 
a  bond  with  sufficient  sureties,  to  be  approved  by  the 
auditor  of  the  Commonwealth,  in  the  sum  often  thousand 
dollars,  such  sums,  not  exceeding  ten  thousand  dollars 
at  any  time,  as  said  auditor  may  certify  to  be  necessary 
to  enable  said  board  to  make  direct  payment  upon  the 
pav  rolls  and   other    accounts   of  said    l)oard,   and  such  statement  of 

i      •  1  r-  T  expenditures, 

persons  shall,  as  soon  as  may  be  after  expending  any  sum  etc.,  to  be  tiled, 
so  advanced,  and  in  all  cases  within  thirty  days  from  the 
receipt  of  any  such  sum,  file  with  the  auditor  a  statement 
in  detail  of  the  moneys  expended  subsequent  to  the  last 
previous  accounting,  approved  by  said  water  board,  and 
where  it  is  praoticaljle  to  obtain  them,  also  file  receipts 
or  other  like  vouchers  of  the  persons  to  whom  the  pay- 
ments have  br^en  made. 

Sectiox  19.     Said  treasurer  shall  in  each  year  estimate  Treasurer  to 

,1  ,      .  1  !•>•  J.        J.1  •  i'  1  x>    es^timate amount 

the  amount,  in  addition  to  the  premiums  ironi  sales  oi  required  for 
said  bonds  and  the  proceeds  from  the  operations  of  said  expeu8e8,''etc. 
board,  exclusive  of  the  proceeds  from  sales  of  property, 
required  during  the  year  to  pay  the  interest,  sinking  fund 
requirements,  expenses  of  maintenance  and  operation  of 
said  water  works,  and  shall  apportion  to  the  city  of 
Boston  the  proportion  of  such  amount  that  the  valuation 
of  said  city  for  the  preceding  year  bears  to  the  total  of  all 
such  valuations  of  all  cities  and  towns  in  said  water  dis- 
trict :  provided,  hoivever,  there  shall  be  included  only  one  Proviso, 
sixth  of  the  total  valuation  of  any  such  city  and  town 
which  has  not  reached  the  safe  capacity  of  its  present 
sources  of  supply  in  a  dry  year,  as  determined  by  said 
water  board  and  certified  to  said  treasurer,  and  has  not 
made  application  to  said  board  for  water,  and  the  remain- 
der to  the  other  cities  and  towns  in  said  district,  one  third 
in  proportion  to  their  respective  valuations  and  the  remain- 
ing two  thirds  in  proportion  to  their  respective  popu- 
lations,  including  however  only  one  sixth  of  the   total 


o<8 


Acts,  1895.  — Chap.  488. 


Provisos.  valuation  and  one  sixth  of  the  total  population  of  any 

such  city  and  town  which  has  not  reached  the  safe  capacity 
of  its  sources  or  of  the  sources  of  supply  of  the  water 
company  by  which  a  town  is  supplied,  or  has  not  made 
ap])lication  for  water  as  albresaid  ;  and  provided,  furfher, 
that  any  city  or  town  assessed  upon  its  full  valuation  and 
population,  which  furnishes  a  part  of  its  water  supply 
from  its  own  works  or  receives  a  supply  from  a  water 
company,  shall  he  allowed  and  credited  in  its  apportion- 
ment with  a  sum  equal  to  twelve  dollars  for  each  million 
gallons  of  water  furnished  as  aforesaid,  as  determined  by 
said  water  hoard  and  certified  to  said  treasurer,  and  pro- 
vided, further,  that  no  such  amount  shall  be  so  ajipor- 
tioned  until  the  year  eiirhteen  hundred  and  ninety-eiaht, 
and  in  said  year  oidy  the  amount  of  three  hundred  thou- 
sand dollars  shall  be  apportioned,  and  the  sums  of  money 
expended  by  the  state  board  of  health  under  chapter  four 
hundred  and  fifty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  chapter  four  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-five,  and  in  the 
succeeding  years  the  said  amount  of  three  hundred  thou- 
sand dollars  and  two  hundred  thousand  dollars  additional 
for  each  year  thereaiter  shall  be  so  ai)poitioned  until  the 
entire  amount  required  as  aforesaid  is  reached,  and  there- 
after such  entire  amount  shall  bo  so  apportioned.  Said 
treasurer  shall  in  each  year  notify  each  city  and  town  of 
the  amount  of  its  assessment,  and  the  same  shall  be  paid 
by  the  city  or  town  into  the  treasury'  of  the  Common- 
wealth at  the  time  retpiired  for  the  payment  and  as  part 
of  its  state  tax. 

Section  20.  The  water  board,  water  commissioners  or 
superintendent  of  any  city  or  town  in  the  metropolitan 
water  district,  shall  for  their  respective  cities  or  towns, 
on  and  after  the  fir-t  day  of  January  in  the  year  eighteen 
hundred  and  ninety-five,  have  the  charge  and  control  of 
the  water  sources,  water  and  water  works  owned  and  used 
by  said  city  or  town  and  not  taken  or  used  by  said  mctro- 

niotribufion  of  poHtau  watcr  board  as  herein  provided.  Said  water  board, 
water  commissioners  or  superintendent  shall  distribute 
and  control  the  use  of  the  water  so  furnished,  and  apply 
meters  and  extend  the  pipes  and  otiier  work  as  said 
water  board,  water  commissioners  or  sujierintendent  may 
deem  expedient ;  shall  kee])  the  ])ipos,  fixtures  and  other 
works  under  their  charge  in  good  condition  and  repair, 
but  shall  not  expend  in  any  year  more  than  the  amount 


Payment  of 
assesomenlB. 


Chfirep  and  con 
trul  (if  certain 
water  sources, 
etc  ,  in  metro- 
politan water 
dislrict. 


water,  etc. 


Acts,  1895.  — Chap.  488.  579 

appropriated  by  the  city  or  town  therefor.     Said  water  Rate  to  be  paid 

board,  water  commissioners  or  superintendent,  with  the 

approval  of  the  mayor  or  selectmen,  shall  determine  the 

rate  to  l)e  i)aid  for  water  by  the  owner  of  the  premises  to 

wiiich  the  water  is  furnished,  or  by  the  person  or  jiersons 

using  the  water :  jjwvided,  Jiotcever,  that  the  minimum  Proviso. 

rates  to  be  paid  for  water,  and  the  premises  to  which  the 

high  service  supply  shall  be  furnished,  shall  be  subject  to 

the   approval  of  said  metropolitan  water  board.      Any  Powers  and 

,^11  J.  '       •  'jij  duties  of  certain 

water  board,  water  commissioner  or  superintendent  as  officers,  etc. 
aforesaid  shall  for  the  water  works  under  his  charge  do 
all  the  acts  and  things  re  kiting  to  buildings,  machinery, 
roads,  conduits,  aqueducts,  pipes  and  drains,  "which  said 
metropolitan  water  board  is  authorized  to  do  for  the  water 
works  under  their  charge,  and  may  take  lands  therefor,  in 
fee  or  otherwise,  and  shall  do  all  such  acts  and  things  and 
make  all  such  takings  in  the  manner  in  wdiich  said  metro- 
politan water  board  are  authorized  to  do  similar  things, 
and  the  damages  sustained  shall  be  recovered  of,  and  paid 
by,  the  city  or  town  for  which  such  water  board,  water 
commissioners  or  superintendents  are  appointed  or  elected, 
in  the  same  manner  as  damages  caused  by  similar  acts  of 
said  metropolitan  water  board  are  recovered  of,  and  paid 
by,  the  Commonwealth. 

Section  21.    The  income  received  in  each  city  or  town  Payment  of 
from  the  water  works  under  the  charge  of  its  water  board,  ''^p''"^*'*'  ''^*'- 
water  commissioners  or  superintendent,  shall  be  applied 
to  the  payment  of  the  expenses  of  maintenance  and  oper- 
ation incurred  by  said  water  board,  water  commissioners 
or  superintendent ;  the  interest  and  sinking  fund  require- 
ments of  all  bonds,   notes  or  scrip  of  the  city  or  town 
issued  on  account  of  the  water  works  of  such  city  or 
town  ;  the  assessment  of  the  city  or  town  to  be  paid  to  the 
treasurer  of  the  Commonwealth  as  hereinbefore  provided  ; 
the  expenses  of  the    extension   of  the   works ;   and   the 
balance,  if  any,  as  the  city  or  town  may  determine.     If  certain  sums  to 
such  income  in  any  year  shall  not  be  sufficient  for  said  tasaUon%^ic. 
payments  the  balance  required  therefor  shall  be  raised  by 
taxation  or  by  loan,  as  the  city  or  town  may  determine  ; 
and  the  city  or  town  is  hereby  authorized  to  assess  such 
taxes  and  make  such  loans  without  further  authority  from 
the  legislature. 

Section  22.      The  towns  of  Clinton,  Sterlinsf,  Boyl-  Taking  of  ce«. 

-_        ,  _  XT    1  1  T-v  O'  J        tain  water  by 

ston.  West  Boylston,  JLancaster,  Holden,  Rutland,  Prince-  city  of  wortes- 
ton,  Paxton  and  Leicester,  and  the  city  of  Worcester,  low^.  ''^'■^"^ 


580  Acts,  1895.  — Chap.  488. 

may  take  from  the  south  liranch  of  tlic  Nashua  river, 
above  the  dam  of  the  proi)osed  reservoir  on  said  river,  so 
much  of  the  water  thereof  as  they  have  already  been  or 
may  hereafter  be  authorized  by  the  legislature  to  take,  for 
su})plying  their  inhabitants  with  water,  and  in  case  either 
of  the  towns  of  Lancaster,  Holden,  Rutland,  Princeton, 
Paxton  or  Leicester,  or  the  city  of  Worcester,  shall  so 
take  water,  it  shall  pay  to  the  Conmion wealth,  to  be  paid 
into  the  sinking  funds  for  said  bonds,  a  fair  pro])oi-tion  of 
the  cost  incurred  by  the  Commonwealth  for  said  water 
and  for  the  construction,  maintenance  and  operation  of 
said  works,  the  same  to  be  determined  by  the  engineer  of 
said  board  and  an  engineer  to  be  appointed  by  the  city  or 
town,  and  if  they  cannot  agree,  the  proportion  shall  be 
determined  by  a  master  to  be  appointed  by  the  supreme 
judicial  court  on  the  petition  of  either  party  interested, 
and  the  report  of  such  master  made  and  accepted  by  said 
court  shall  be  final  and  binding  on  all  parties. 
Use  of  water  by      SECTION  23.     Ko  citv  or  towu,  any  •i)art  of  which  is 

certain  cities,  •   i   •  m  /•     i  i  '  J      I 

towns  and         withiu  tcu  milcs  oi  the  state  house,  or  any  water  company 
rallies  re  '        owuiug  a  watcr  pipe  system  in  any  such  city  or  town  shall, 
Btricte  ,  etc.      exccpt  iu  case  of  emergency,  use,  for  domestic  purposes 
water  from  any  source  not  now  used  by  it  except  as  herein 
ju'ovided  or  as  shall  be  hereafter  authorized  by  the  legis- 
lature.    If  any  town  or  towns  in  said  district  shall  take  the 
franchise,  works  and  property  in  such  town  or  towns,  of 
any  watcr  company,  the  compensation  to  be  allowed  and 
paid  therefor  shall  not  l)e  increased  or  decreased  by  reason 
of  the  })r()visions  of  this  act.     Ko  town  in  said  water  dis- 
trict now  supplied  with  water  by  a  water  company  owning 
the  water  pipe  system  in  such  town,  shall  introduce  water 
from  the  metropolitan  water  works  until  it  shall  first  have 
acquired  the  works  of  such  company. 
^oa'oTwK^"'      Section  24.     The  state  board  of  health  is  hereby  author- 
ei«-  ized  and  required  to  make  rules  and  regulations  for  the 

sanitary  protection  of  all  waters  used  by  the  metropolitan 
water  board  for  the  water  supply  of  any  city,  town  or 
water  comjiany  aforesaid,  and  to  transfer  and  deliver  to 
said  water  board,  such  plans,  maps  and  other  information 
in  their  possession  as  will  assist  said  board  in  carrying  out 
the  provisions  of  this  act. 
hnproper°u»"'^of  Sectiox  25.  No  pcrsou  shall  take  or  divert  an}'  water 
water,  etc.,        ^f  ^  watcr  supplv  of  auv  city  or  town  in  said  water  district 

prohibited.  /  '    "  •  ''        .  ,     .^  .  ,   ^ 

irom  anv  water  source,  reservoir,  conduit  or  pipe  used  lor 


Acts,  1895.  — Chap.  488.  581 

supplyino:  such  water  to,  or  in  any  such  city  or  town,  or 
occupy,  injure  or  interfere  with  any  such  water,  or  with 
any  land,  building,  aqueduct,  pipe,  drain,  conduit,  hydrant, 
machinery  or  other  work  or  property  so  used,  and  no  per- 
son shall  corrupt,  render  impure,  waste  or  improperly  use, 
any  such  water. 

Section  26.     The  provisions  of  the  preceding  section  provisions  of 
shall  not  apply  to  any  person  in  taking  or  diverting  any  fo^cerulinVaklng 
such  water  or  interfering  with  or  occupying  any  water,  ^'ateJ '^eic".^  "^ 
land  or  works  therein   descril)ed,  by  permission  of  said 
metropolitan  water  board,  or  the  water  board,  water  com- 
missioners or  superintendent  of  any  city  or  town  having 
charge  of  the  land,  water  or  work ;  nor  to  the  individual 
inhabitants  of  any  city  or  town  within  the  watershed  of 
any  water  supply  used  by  said  metropolitan  water  board, 
or  by  any  city  or  town  aforesaid,  in  taking  from  the  part 
of  the  supply  or  from  the  tributaries  of  the  supply  within 
their  respective  city  or  town  limits  so  much  of  the  water 
thereof  as  they   shall   need  for  their  ordinary  domestic 
household  purposes,  for  extinguishing  fires,  or  for  gener- 
ating steam. 

Section  27.  Said  metropolitan  water  board,  and  their  Enforceniect  of 
employees  designated  for  the  purpose,  shall  enforce  the  p'°''"°°'*'  ''^''• 
provisions  of  this  act,  and  of  the  rules,  regulations  and 
orders  made  thereunder,  and  may  enter  into  any  building, 
and  upon  any  land  for  the  purpose  of  ascertaining  whether 
sources  of  pollution  there  exist,  and  whether  the  pro- 
visions of  this  act  and  of  the  rules,  regulations  and  orders 
made  as  aforesaid  are  complied  with ;  and,  where  the  en- 
forcement of  any  such  provisions,  rules,  regulations  or 
orders  will  require  public  works  for  the  removal  or  puri- 
fication of  sewage,  said  metropolitan  water  board  shall  not 
enforce  the  same  until  they  have  provided  such  works, 
and  the  amount  paid  therefor  shall  be  considered  as  part 
of  the  expenses  of  construction  of  the  metropolitan  water 
works,  and  such  works  shall  be  maintained  and  operated 
as  a  part  of  said  water  works. 

Section  28.     The  supreme  judicial  court  or  any  justice  Certain  courts, 
thereof,   and  the  superior  court  or  any  justice  thereof,  j'uri8di'ction''io 
shall,  in  term  time  or  vacation,  on  the  petition  of  said  ^"/ionsU'tX 
board   or   any  city,   town,    corporation  or  person  inter- 
ested, or  of  the  attorney  of  any  such  petitioner,  have  juris- 
diction in  equity  or  otherwise  to  enforce  the  provisions  of 
this  act,  and  of  any  rule,  regulation  or  order  made  under 


582 


Acts,  1895.  — Chap.  489. 


Penalties. 


Certain  general 
laws  to  apply. 


Preference  in 
employment  to 
be  given  to 
citizens. 


the  aiithorify  of  this  act,  and  to  prevent  any  violation  of 
said  provisions,  rules,  rc«;ulatious  or  orders. 

Section  29.  ^Vhoever  shall  do  any  of  the  acts  herein 
prohibited,  or  shall  violate  or  refuse  to  comply  with  any 
rule,  regulation  or  order  made  under  the  authority  of  this 
act  shall,  on  complaint  or  indictment  therefor  and  convic- 
tion thereof,  be  punished  for  each  offence  by  a  tine  not 
exceeding  five  hundred  dollars,  to  be  paid  to  the  Common- 
wealth, or  l)y  imprisonment  not  exceeding  one  year  in  the 
house  of  correction,  or  In'  both  such  tine  and  imjn'isonment. 

Section"  30.  All  general  hiws  relating  to  the  water  sup- 
plies of  cities  and  towns  or  the  lands  and  other  property 
used  for  such  supplies  shall,  so  far  as  they  are  not  incon- 
sistent with  the  provisions  of  this  act,  ap])ly  to  and  be 
observed  in  carrying  out  the  purposes  of  this  act. 

Section  31.  In  the  construction  of  these  works  pref- 
erence in  employment  shall  be  given  to  citizens  of  this 
Commonwealth. 

Section  32.     This  act  shall  take  eifect  upon  its  passage. 

Approved  Jane  J,  1895. 


ChapASd 


Caucus  act  of 
1895. 


Certain  terms 
defined. 


Ax  Act  kfxative  to  political  committees  axu  caucuses. 
Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  This  act  shall  be  known  and  may  be  cited 
as  the  caucus  act  of  eighteen  hundred  and  ninety-live. 

Section  2.  Terms  used  in  this  act  relating  to  caucuses 
shall  have  application  as  hereinafter  set  forth,  unless  other 
meaning  is  clearly  apparent  from  the  language  or  context, 
or  from  manifest  intent. 

The  term  "political  party",  shall  apply  to  a  political 
party  which  at  the  preceding  annual  state  election  ])olled 
for  governor  at  least  three  per  cent,  of  the  entire  vote  cast 
in  the  state  for  that  office. 

The  term  "  elective  office  ",  shall  apply  to  candidates  for 
any  office  to  be  voted  for  at  a  state  or  munici})al  election. 
The  term  "caucus  officers",  shall  apply  to  wardens, 
clerks,  inspectors,  chairmen,  secretaries  and  tellers,  and 
when  on  duty,  to  additional  officers  specially  elected,  or 
elected  to  fill  a  vacancy  and  taking  part  in  the  conduct  of 
caucuses. 

The  term  "caucus",  and  "political  convention",  shall 
apply  only  to  such  as  shall  be  called  and  held  in  pursuance 
of  this  act. 


Acts,  1895.  — Chap.  489.  583 

The  term  "political  committee",  shall  apply  only  to 
such  as  shall  be  elected  in  pursuance  of  this  act. 

Section  3.  Each  political  party  shall  annually  elect  a  state commit- 
state  committee  who  shall  hold  office  for  one  year  from  the  term.^etc.'""' 
first  clay  of  January  next  following  their  election  and  until 
their  successors  shall  have  organized ;  said  committee  to 
consist  of  at  least  one  member  from  each  senatorial  dis- 
trict, to  be  elected  at  the  convention  held  for  the  nomina- 
tion of  a  senator  from  said  district  to  be  voted  for  at  the 
annual  state  election. 

The  members  of  the  state  committee  shall,  within  thirty  organization, 
days  from  the  beginning  of  their  term  of  office,  meet  and 
organize  by  the  choice  of  a  chairman,  a  secretary  and  a 
treasurer,  and  such  other  officers  as  they  may  decide  to  elect. 

The  secretary  of  the  state  committee  shall,  within  ten  Lists  of  mem- 
days  of  such  organization,  file  with  the  secretary  of  the  officers  to  be 
Commonwealth,  and  send  to  each  city  and  town  commit-  ^i*^*^' '^''=- 
tee,  a  list  of  the  members  of  the  committee  and  of  the 
officers  hereinbefore  named. 

Any  vacancy  occurring  in  the  office  of  chairman,  secre-  vacancies. 
tary  or  treasurer  in  the  committee  shall  be  tilled  by  the 
action  of  the  committee,  and  a  statement  of  any  change 
so  occurring  shall,  by  the  secretary,  be  tiled  as  in  the  case 
of  the  officers  tirst  chosen. 

Section  4.     Each  political  party  shall  in  every  ward  "^*''^.f°<^ '°^" 

■,,  f  .  ^  committees, 

and  town  annually  elect  a  committee  to  be  called  in  the  election,  teim, 
case  of  a  town  a  town  committee,  and  in  the  case  of  a 
ward  a  ward  committee,  which  shall  consist  of  not  less 
than  three  persons,  who  shall  hold  office  for  one  year  from 
the  tirst  day  of  January  next  following  their  election  and 
until  their  successors  shall  have  organized,  except  that 
whenever  a  ward  committee  shall  be  elected  between  the 
first  day  of  January  and  the  first  day  of  June,  the  mem- 
bers thereof  shall  hold  office  for  one  year  from  the  tirst 
day  of  June  next  following  their  election. 

The  members  of  the  several  ward  committees  of  a  politi-  Cy  '^^'^  to^° 

,  .  -i         I      11  •j_  ■  1  11     1   committees, 

cal  party  m  a  city  snail  constitute  a  committee  to  be  called  organization. 
a  city  committee.  Each  town  committee  shall  annually, 
on  a  date  between  the  first  day  of  January  and  the  first 
day  of  March  following,  and  each  city  committee  shall, 
within  thirty  days  from  the  beginning  of  their  term  of 
office,  meet  and  organize  by  the  choice  of  a  chairman,  a 
secretaiy  and  a  treasurer,  and  such  other  officers  as  they 
may  decide  to  elect. 


584  Acts,  1895.  — Chap.  489. 

birsMd^Suicera      Sectiox  5.     TliG  SGcretaiy  of  each  city  and  town  com- 

to  be  filed.  mittcc  sluill,  withiii  ten  days  after  such  organization,  tile 
Avith  the  secretary  of  the  Coniinonwcahh,  \vith  the  clerk 
of  the  city  or  town,  and  witii  the  secretary  of  the  state 
connnittee  of  the  political  party  of  which  they  are  a  por- 
tion, a  list  of  the  members  of  the  committee  and  of  the 
olhcers  hereinbefore  named. 

Vacancies.  Any  vacancy  occurring  in  the  office  of  cliairnian,  secre- 

tary or  treasurer  in  a  committee  shall  be  tilled  by  the 
action  of  the  committee,  and  a  statement  of  any  change 
so  occurring  shall  be  filed  by  the  secretary  as  in  the  case 
of  the  officers  first  chosen. 

May  mnke  rules      SECTION  6.     Auv  statc,  citv  or  towu  committce  may 

and  regulations.  ^j  ,.•'.,.  ,  *', 

make  such  rules  and  regulations  tor  its  conduct  as  are  not 
inconsistent  with  the  provisions  of  law.  And  any  state, 
city  or  town  committee  authorized  hy  this  act  to  call 
caucuses  for  the  choice  of  delegates  to  political  conven- 
tions may  make  rules  and  regulations  relative  to  such 
caucuses,  not  inconsistent  with  the  provisions  of  law. 
mufelsf^™'         Committees  existing  at  the  time  this  act  takes  effect 

shall  be  deemed  to  be  organized  under  its  proA  isions. 
Notices  to  apply       SECTION    7.      All   noticcs    for    holding    caucuses    shall 
bernof  paTy      apply  to  all  mcml^ers  of  the  political  party  whose  caucuses 
nrl"iohehZT  are  to  be  held,  and  to  them  only.     No  person  having 
***•  voted  in  the  caucus  of  one  political  party  shall  be  entitled 

to  vote  or  take  part  in  the  caucus  of  another  political 
party  in  the  same  calendar  }ear.  Each  town  or  city  com- 
mittee may  make  reasonable  regulations,  not  inconsistent 
with  the  provisions  of  law,  to  determine  membership  in 
the  party,  and  to  restrain  others  than  those  who  are  enti- 
tled to  vote  at  the  caucus  from  attendance  thereat  or  tak- 
ing ])art  therein.  But  no  political  committee  of  any  party 
shall  deprive  any  voter  from  taking  part  in  a  caucus  of 
said  party  on  the  ground  that  the  voter  had  supported  an 
independent  candidate  for  political  office. 
Certain  can-  SECTION  8.    All  caucuscs  (cxccpt  for  S|)ecial  clcctions) 

on  one  of  two  for  clioicc  of  delegates  to  political  conventions  which  nom- 
daysteic.'*  iuatc  Candidates  to  be  voted  for  at  the  annual  state  elec- 
tion, and  for  the  nomination  of  candidates  to  be  voted 
for  at  the  annual  state  election,  shall  be  held  throughout 
the  Commonwealth  on  one  of  two  consecutive  days,  des- 
ignated by  the  state  commiltee  of  the  political  i)arty  for 
which  said  caucuses  are  held;  and  all  of  said  delegates 
shall  be  elected  and  all  of  said  candidates  shall  be  nomi- 


Acts,  1895.  — Chap.  489.  585 

nated  at  one  caucus,  except  that  caucuses  held  for  choice 
of  delegates  to  a  representative  district  convention,  or  for 
nomination  of  candidates  for  the  general  court,  may  be 
called  and  held  as  hereinafter  provided.  The  chairman  DeeignaUous  of 
and  secretary  of  the  state  committee  of  each  political  party  forwarded,  etc. 
shall  at  least  twenty-one  days  before  the  date  on  which 
the  caucuses  are  to  be  held  forward  their  designations  of 
dates  to  the  chairman  and  secretary  of  each  city  and  town 
committee  of  their  party,  and  they  shall  at  the  same  time 
designate  two  other  consecutive  days,  which  shall  be  at 
least  seven  days  later  than  the  designation  above-provided, 
as  dates  on  which  caucuses  may  be  held  for  choice  of  dele- 
gates to  a  representative  district  convention,  or  for  nomi- 
nation of  candidates  for  the  general  court.     If  at  least  Caucuses  for 

.  ~  .  choice  of 

twelve  days  prior  to  the  earlier  date  any  representative  delegates  to 
district  committee  shall  notify  the  chairman  and  secretary  dirtdcrconven- 
of  each  town  and  ward  committee  of  their  party  in  said  ''°°'  ^'*'" 
district  to  hold  the  caucus  for  choice  of  delegates  to  said 
representative  district  convention  or  for  the  nomination 
of  candidates  for  the  general  court  on  one  of  said  latter 
dates  such  caucus  shall  be  so  held. 

Section  9.     No  two  political  parties  shall  hold  their  Party  first  filing 
caucuses  on  the  same  day.     The  party  first  filing  with  the  enuued  to 
secretary  of  the  Commonwealth  the  copy  of  the  call  as  precedence. 
above-provided  shall  be  entitled  to  precedence  on  the  days 
named. 

Sectiox  10.  Every  caucus  of  a  political  party  in  a  caiiingrof 
town  or  city  shall  be  called  by  a  written  or  printed  notice  *^''"'^'^*^*' 
specifying  that  the  same  is  to  be  held  in  accordance  with 
the  provisions  of  the  caucus  act  of  eighteen  hundred  and 
ninety-five,  and  the  provisions  thereof  shall  then  appl}^  to 
the  conduct  and  proceedings  of  any  such  caucus,  but  noth- 
ing herein  shall  prevent  the  enforcement  at  such  caucus 
of  further  regulations  not  inconsistent  with  the  provisions 
of  this  act.  Except  as  above-provided,  no  caucus  or 
meeting  shall  be  entitled  to  nominate  a  candidate  for  a 
public  office,  whose  name  shall  be  placed  on  the  Imllots 
provided  in  accordance  with  the  provisions  of  chapter  four 
hundred  and  seventeen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  acts  in  amendment  thereof 
and  in  addition  thereto,  or  shall  be  entitled  to  select  dele- 
gates to  a  political  convention  for  the  nomination  of  a 
candidate,  whose  name  shall  be  placed  on  the  ballots  so 
provided. 


5SQ 


Acts,  1895.  -  Chap.  489. 


Polling  places 
to  be  provided. 


Notices  of 
cuucueee. 


Hour  for  calliDg. 


Notice  to 
designate  per- 
son who  sball 
call  caucus  to 
order,  etc. 


First  busineBs. 


Other  buGineas. 


Ballot  to  be 
taken,  etc. 


Voting  list  to  be 
used. 


Section  11.  At  least  two  weeks  prior  to  the  date  on 
"ubich  a  caucus  is  to  be  bekl  the  cbairman  or  secretary  of 
the  city  or  town  committee  shall  notify  the  board  of  alder- 
men in  a  city  or  the  selectmen  in  a  town  of  the  date 
selected  for  said  caucus,  and  said  aldermen  or  selectmen 
shall,  at  tlie  expense  of  the  city  or  town,  provide  polling 
places  for  said  caucuses,  and  in  case  of  a  city,  not  less 
than  one  for  each  ward ;  and  said  aldermen  or  selectmen 
shall,  at  least  ten  days  prior  to  the  date  of  said  caucus, 
notify  said  chairman  or  secretary  as  to  the  place  so  pro- 
vided. 

Sectiox  12.  Notices  of  caucuses  held  under  the  pro- 
visions of  this  act  shall  be  issued  by  each  city  and  town 
committee  not  less  than  seven  da^'s  prior  to  the  day  on 
which  the  caucuses  are  to  be  held.  They  shall  state  the 
place  where,  and  the  day  and  hour  when,  the  several  cau- 
cuses are  to  be  held.  Said  notices  shall  be  conspicuously 
placed  or  posted  in  at  least  live  places  on  a  line  or  lines 
of  public  travel,  and,  if  iiracticable,  in  every  post  office 
within  the  city  or  town  wherein  the  caucus  is  to  be  held, 
or  shall  be  published  at  least  twice  in  one  or  more  local 
newspapers,  if  any.  The  hour  for  calling  the  caucus  shall 
not  be  later  than  eight  o'clock  in  the  evening. 

The  notice  for  such  caucus  shall  designate  by  name  or 
office  the  person  who  shall  call  such  caucus  to  order ;  and 
the  person  so  designated  shall  call  the  caucus  to  order  and 
preside  until  a  chairman  is  chosen.  In  case  however  the 
person  so  designated  is  absent  at  the  time  appointed  any 
mcmljcr  of  the  ward  or  town  committee  present  shall 
call  the  caucus  to  order,  and  preside  until  a  chairman  is 
chosen. 

The  organization  of  the  caucus  by  the  choice  of  a  chair- 
man, secretary,  and  such  other  officers  as  the  meeting  may 
require,  shall  be  the  first  business  in  order. 

Any  business  that  may  properly  come  before  the  meet- 
ing shall  next  be  transacted. 

Skgtiox  13.  A  ballot  shall  be  taken  for  the  choice  of 
any  candidate,  delegate  or  member  of  a  political  commit- 
tee, to  be  selected  by  such  caucus,  and  the  polls  shall  be 
kept  open  at  least  thirty  minutes. 

In  l)alloting  the  voting  lists  last  published  according  to 
law,  with  such  subsef|ueiit  additions  thereto  as  may  be 
certified  by  the  registrars  of  voters,  shall  be  used  as  check 
lists. 


Acts,  1895.  —  Chap.  489.  587 

The  registrars  of  voters  iu  a  city  or  town,  wnenever  a  Registrars  of 
caucus  is  called  therein  in  accordance  with  the  provisions  nisrcenitred 
of  this  act,  shall,  on  request  of  the  person  designated  in  nsu."^'"'^^"'^ 
the  notice  thereof  to  call  the  caucus  to  order,  furnish  him 
for  use  in  the  caucus  a  certified  copy  of  the  voting  lists 
of  the  town,  or  of  the  ward  of  the  city,  for  which  the  cau- 
cus is  to  be  held,  as  last  published  according  to   law, 
together  with  such  names  of  voters  as  have  been  added 
thereto  since  such  publication. 

No  person  shall  be  entitled  to  vote   or  to  take  part  Certain  persons 

^  ,  ,  .  ^     .  ,    not  entitled  to 

in  such  caucus  "whose  name  does  not  appear  upon   said  take  part  in 

i .    ,  caucus. 

list. 

Section   14.     The   person   or    persons   receiving  the  Persons  deemed 
highest  number  of  votes  in  a  caucus  shall  be  deemed  and  "*  ^^  eiecied. 
declared  to  be  elected  or  nominated.     In  case  of  a  tie  vote 
for  delegates  to  a  convention,  or  in  case  of  a  place  being 
unfilled  in  a  delegation,  or  in  case  of  a  vacancy  occasioned  vacancies. 
by  inability  or  neglect  of  a  delegate  elected  to  attend  a 
convention,  such  vacancies  shall  be  filled  only  by  vote  of 
the  remaining  members  of  the  delegation  at  a  meeting 
duly  called  for  the  purpose.     Such  meeting  shall  choose 
a  chairman  and  secretary,  and  the  secretary  shall  notify 
the  secretary  of  the  convention  of  the  action  of  the  meet- 
ing so  far  as  it  relates  to  a  vacancy. 

In  case  of  a  tie  vote  for  members  of  a  town  or  ward  Tie  vote. 
committee,  or  for  caucus  ofiicers,  the  members  duly  elected 
shall  fill  the  vacancy  or  vacancies. 

In  case  a  majority  of  a  delegation,  or  ward  or  towni  Proceedings  in 

...  ji^  J.       1       J.     1  •  case  of  failure 

committee  or  caucus  oincers  are  not  elected,  or  in  case  to  elect. 
of  a  tie  vote  for  candidates  for  an  elective  office,  the 
caucus  shall  at  once  proceed  to  another  ballot,  unless 
some  one  present  entitled  to  vote  objects ;  in  case  objec- 
tion is  mado  the  caucus  shall  adjourn  until  the  following 
or  other  sul)sequent  day.  The  hour  and  place  shall,  if 
practicable,  be  the  same  as  that  named  in  the  original 
call. 

Sectiov  15.  The  presiding  officer  and  secretary  of  ^lecuonfetc?* 
each  caucus  shall  within  five  week  days  thereafter  deliver, 
send  or  cause  to  be  sent  to  each  delegate  to  a  political 
convention  and  to  each  member  of  a  political  committee, 
a  certificate  of  his  election,  and  to  each  candidate  for  an 
elective  office  a  notice  of  his  nomination. 

The  secretary  of  each  caucus  shall  safely  keep  all  ballots  Baiiotsand 
cast  thereat  and  all  voting  lists  used  therein  for  the  period  be^kept.'"*  ^° 


588 


Acts,  1895.  — Chap.  489. 


Notice  of  inten- 
liou  to  coutest, 
etc. 


Recount  of 
ballots,  etc. 


Caucuses  rela- 
tive to  special 
electioDB. 


Penalties. 


Enforcement  of 
provisiouii. 


Repeal. 


of  five  davi?.  If  Ijcfore  the  ex])irati()n  of  said  time  he 
shall  be  requested  in  writing  by  ten  voters  entitled  to 
vote  in  said  caucus,  he  shall  safely  keep  said  ballots 
and  voting  list  for  the  period  of  three  months  thereafter, 
and  shall  produce  the  same  if  called  for  by  any  court  of 
justice. 

If  within  three  week  days  of  any  caucus  a  person  who 
has  received  votes  thereat  for  nomination  or  election  to 
any  office,  delegation  or  political  committee  shall  serve 
upon  the  secretary  of  said  caucus  a  statement  in  writing 
claiming  an  election  or  nomination,  or  shall  declare  in 
said  statement  an  intention  to  contest  the  nomination  or 
election  of  any  other  person,  such  secretary  shall  retain 
every  envelope  containing  the  ballots  for  such  nomina- 
tion or  office  until  such  claim  is  withdrawn  or  the  contest 
for  the  nomination  or  election  is  finally  determined  by 
competent  authority. 

The  secretary  of  a  caucus  receiving  the  above  notice 
shall  immediately  give  notice  in  writing  to  the  person  or 
persons  interested,  and  the  chairman  and  secretary  who 
served  at  the  caucus  at  which  the  ballots  were  cast,  shall, 
within  twenty-four  hours  after  the  giving  of  said  notice, 
proceed  to  recount  said  ballots  and  determine  the  ques- 
tions raised,  and  such  recount  shall  stand  as  the  true  re- 
sult of  the  vote  cast  in  such  caucus.  And  each  of  such 
candidates  may  appear  and  be  present  during  such  re- 
count, either  in  person  or  by  an  agent  appointed  by  him 
in  writing. 

Section  16.  Caucuses  relative  to  a  special  election 
shall  be  held  at  such  time  and  place  and  subject  to  such 
reasonable  notice  as  the  political  committee  whose  duty 
it  is  to  provide  for  holding  the  same  may  detemiine.  All 
calls  for  the  same  shall  be  issued  by  the  chairman  and 
secretary  of  said  political  committee. 

Section  17.  The  penalties  im})osed  by  law  upon  oflB- 
cers  and  voters  who  viohite  the  provisions  of  ads  regulat- 
ing state  elections  are  hereby  imposed  upon  oflicers  and 
voters  who  violate  the  provisions  of  this  act. 

The  supreme  judicial  court  and  tiie  superior  court  shall 
have  full  i)Ower  at  law  or  in  equity  to  enforce  the  provi- 
sions of  this  act. 

Section  18.  All  acts  or  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Approved  June  5,  1895. 


Acts,  1895.  — Chap.  490.  589 


An  Act  to  rnoviDE  for  the  completion  of  the  state  house  nTffjYt  4-QO 

EXTENSION.  ^ 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  To  provide  for  the  completion  of  the  state  state  Hot.se 
house  extension,  so-called,  as  authorized  by  chapter  three  Loan/"""'*'^ 
hundred  and  ninety-four  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  the  treasurer  and  receiver  general 
is  herel)y  authorized,  with  the  a[)proval  of  the  governor 
and  council,  to  issue  scrip  or  certificates  of  indebtedness 
to  an  amount  not  exceeding  five  hundred  and  fifty  thou- 
sand dollars,  for  a  term  not  exceeding  twenty  years,  the 
same  to  be  in  addition  to  any  amount  previously  author- 
ized. Said  scrip  or  certificates  of  indebtedness  shall  be 
issued  as  registered  bonds  or  with  interest  coupons  at- 
tached, and  shall  bear  interest  not  exceeding  three  per 
cent,  per  annum,  payable  semi-annually  on  the  first  days 
of  April  and  October  in  each  year,  shall  be  redeemable  at 
maturity  in  the  gold  coin  of  the  United  States  or  its  equiva- 
lent, shall  be  designated  on  the  face  thereof.  State  House 
Construction  Loan,  shall  be  countersigned  by  the  gov- 
ernor, and  shall  l)e  deemed  a  pledge  of  the  faith  and  credit 
of  the  Commonwealth ;  and  said  scrip  or  certificates  of 
indebtedness  shall  be  sold  in  such  instalments  as  the  aov- 
ernor  and  council  may  determine,  by  public  advertisement 
to  the  highest  bidder,  at  not  less  than  the  par  value  thereof, 
or  in  such  other  manner  as  the  governor  and  council  may 
determine  to  be  for  the  best  interests  of  the  Commonwealth. 
The  sinking  fund  established  by  chapter  three  hundred  sinking  fund. 
and  ninety-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine  shall  also  be  maintained  for  the  purpose 
of  extinguishing  bonds  issued  under  the  authority  of  this 
act,  and  the  treasurer  and  receiver  general  shall  apportion 
thereto  from  year  to  year  an  amount  sufficient,  with  the 
accumulations  of  said  fund,  to  extinguish  at  maturity  the 
debt  incurred  by  said  bonds.  The  amount  necessary  to 
meet  the  annual  sinking  fund  required  and  to  pay  the  in- 
terest on  said  bonds  shall  be  included  in  and  be  made  a 
part  of  the  annual  state  tax  levy,  and  any  premium  over 
the  par  value  of  said  bonds  received  on  the  sale  thereof 
shall  form  part  of  the  sinking  fund  for  their  redemption. 

Section  2.     The  state  house  construction  commission-  construction  of 
ers   are    authorized   to    construct  a  sub-basement   under  ^^^^-^^««'^<^°'' 
the  lot  from  which   the  Bryant  building,  so-called,  was 


590  Acts,  1895.  — Chap.  491. 

removed,  also  to  put  in  underpinning  and  strengthen  the 
roar  wall  of  the  so-called  Bulfinch  building,  and  to  make 
such  changes  as  are  absolutely  necessary  to  properly  and 
safely  connect  the  so-called  state  house  extension  with  the 
so-called  Bultinch  building. 

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

Approved  June  5,  1895. 

C%aD.491   ^^^    ^^^   KKLATIVE    TO   THE   GRADE     CROSSINGS   OK     RAILROADS   AND 

PUBLIC  AVAYS   IN   EAST   BOSTON. 

Be  it  enacted,  etc.^  asfolloivs: 

fJ^J^tBoItou!'      Section    1.     Upon  a  petition  hereafter  filed  by  the 
mayor  and  aldermen  of  the  city  of  Boston  praying  for  such 
alterations  of  all  the  crossings  of  railroads  and  public  -uays 
in  that  part  of  Boston  called  East  Boston  as  will  avoid 
crossings  at  grade,   accom})anied   by  plans  and  profiles 
showing  the  changes  of  grade  or  location  of  the  public 
ways  and  of  railroads  deemed  necessary  by  said  mayor 
and  aldermen,  together  with  an  estimate  by  the  engineer 
of  said  city  showing  theproljable  cost  of  such  changes,  the 
superior  court  or  any  justice  thereof  sitting  in  equity  for 
the  county  of  Suftblk,  after  such  notice  by  pul)lic  adver- 
tisement or  otherwise  as  the  court  or  justice  shall  deem 
desirable,  and  a  hearing,  may,  if  the  court  or  justice  deems 
that  public  necessity  and  safety  so  require,  appoint  a  com- 
mission of  three  disinterested  persons. 
comrai88U)ii^to^^      ^ECTiON  2.      Said  commission  shall  consider  whether 
of  changes  in      any  chanofe,  either  in  the  location  or  use  of  the  present 
grade  crossmgs  at  li,ast  Boston  is  now  required  ;  and  it  it 
decides  that,  in  view  of  existing  conditions  and  circum- 
stances, it  is  prudent  that  no  change  of  grade  or  location 
of   existing  public  ways  or  railroads  shall  be  forthwith 
made  ;  or  that  a  change  is  required  in  the  use  of  said  grade 
crossings,  or  any  of  them ;  or  that  further  protection  at 
said  grade  crossings,  or  any  of  them,  is  required,  it  shall 
so  report  to  the  court ;  and  the  recommendations  and  the 
decision  of  the  commission  being  confirmed  by  the  court 
shall  be  carried  out  by  the  railroad  companies  concerned. 
But  if  said  commission  shall  determine  that  the  public  con- 
venience, necessity  and  economy  require  the  immediate 
abolition  of  said  grade  crossings,  or  any  of  them,  it  may 
decide  that  the  railroad  tracks  shall  go  over  the  highways, 
the  highways  shall  go  over  the  railroad  tracks,  the  location 


location,  etc. 


Acts,  1895.  — Chap.  491.  591 

of  the  hio-hwa^'s  shall  be  changed,  or  it  may  decide  that 
said  abolition  shall  be  accomplished  by  any  other  method 
within  the  scope  of  said  petition,  including  the  relocation 
of  the  tracks  of  said  railroads,  or  any  of  them,  and  the  till- 
ing in  or  the  building  of  structures  over  tide  waters  along 
a  route  to  which  the  board  of  harl:)or  and  land  commission- 
ers, after  hearing  all  parties  interested,  shall  have  tirst 
given  its  approval  and  consent,  and  where  the  owners  of 
all  flats  to  be  occupied  shall  have  released  all  claims  for 
land  damages,  and  it  shall  so  report  to  the  court. 

Section  3.     If  said  commission  shall  decide  that  alter-  to prescribe 
ations  in  the  location  or  grade  of  any  railroad  are  neces-  "wJifaheration 
sary  to  avoid  crossing  at  grade  it  shall  prescribe  the  manner  ^^^f"  ^®  ™''^'^' 
in  which  they  shall  be  made,  and  shall  determine  and  make 
it  a  part  of  its  decision,  what  proportion  of  the  total  cost 
of  the  work  required  by  its  decision,  including  land  dam- 
ages, shall  be  borne  by  persons  or  corporations  other  than 
such  railroad  corporations  as  are  required  by  this  act  to 
contribute  to  the  payment  of  such  cost ;  and  said  commis- 
sion shall  determine  what  part  each  railroad  company  shall 
pay  of  the  proportion  of  the  total  cost  of  the  alterations, 
which,  under  this  act,  is  to  be  borne  by  the  railroad  com- 
panies. 

Section  4.  If  said  commission  shall  decide  that  any  Abolition  of 
grade  crossing  shall  be  abolit-hecl  the  work  of  carrying  out  s^ade  crossings. 
the  decision  of  the  commission  shall  be  done  by  the  city  of 
Boston,  and  the  cost  of  said  work  shall  primarily  be  borne 
and  paid  by  said  city.  The  proportion  of  said  cost  which 
said  commission  shall  have  determined  under  section  three 
should  be  borne  by  persons  or  corporations  other  than  such 
railroad  corporations  as  are  required  by  this  act  to  contrib- 
ute to  the  payment  of  such  cost,  shall  be  levied  by  said 
city  upon  the  estates  of  each  person  and  corporation  bene- 
fited by  said  alterations,  in  the  manner  provided  by  law 
with  respect  to  betterments  upon  the  laying  out  of  high- 
ways in  the  city  of  Boston.  And  of  the  remainder  of  said 
cost  there  shall  be  repaid  to  said  city  by  the  railroad  com- 
panies and  the  Commonwealth  as  follows  :  —  Twenty-five 
per  cent,  thereof  by  the  Commonwealth,  and  sixty-five  per 
cent,  thereof  by  the  railroad  companies,  in  the  proportion 
determined  and  apportioned  by  the  commission  under  sec- 
tion three. 

Section  5.     The  provisions  of  chapter  four  hundred  and  i89«.  42^  etc.,  to 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 


592 


Acts,  1895.  — Chap.  492. 


CViangcB  fo  be 
approved  by 
railroad 
comoiittsionerB. 


Abandonment 
of  location  by 
railroad  com- 
puDles,  etc. 


ninety  and  acts  in  amendmont  thereof  or  addition  thereto, 
so  far  as  they  are  not  inconsistent  "with  the  provisions  of 
this  act,  shall  apply  to  said  commission  and  to  the  carry- 
inir  out  of  its  decisions. 

Section  6.  Ko  chanire  of  <iradc  or  of  location  of  any 
railroad  shall  be  made  without  the  consent  and  approval 
of  the  railroad  conmiissioners  bcino;  tirst  had  and  ob- 
tained. 

Section  7.  If  said  commission  shall  decide  that  the 
location  of  the  railroad  tracks  of  any  railroad  company 
shall  be  changed,  such  company  may,  within  two  months 
after  the  report  of  said  connnission  has  been  confirmed  by 
the  court,  abandon  its  location  in  the  public  ways  in  East 
Boston  and  tile  a  notice  to  that  effect  in  the  court  which 
has  confirmed  said  report ;  and  in  such  case  the  decision 
of  said  commission,  so  far  as  it  relates  to  the  railroad  com- 
pany making  such  abandonment,  shall  not  be  enforced. 
Any  railroad  company  tiling  such  notice  shall,  within  six 
months  after  such  filing,  remove  its  railroad  tracks  from 
within  the  limits  of  every  public  way  in  East  Boston,  and 
any  court  having  jurisdiction  in  equity  shall  have  authority 
in  equity  to  compel  such  removal.  But  such  company  may 
retain  possession  and  control  of  its  docks  and  wharves 
between  ^Marginal  street.  East  Boston,  and  tide  water,  and 
of  all  real  estate  now  owned  or  occupied  by  it  outside  of 
public  ways.  Approved  June  5,  1895. 


Addition  to 
county  court 
house  to  be 
erected. 


C/i«;9.492  Ax  Act  to  PRO^^nE  additioxat.  accommopatiox  fou  the  courts 

OF   TUE  COUNTV   OF   aUDULESFX   SITTING  AT  LOWELL. 

Be  it  enacted,,  etc.,  as  follows : 

Section  1.  The  county  commissioners  of  the  county 
of  ^Middlesex  are  hereby  authorized  to  provide  additional 
accommodations  for  the  several  courts  of  said  county  sitting 
at  Lowell,  by  the  erection  of  an  addition  to  the  present 
county  court  house  in  said  city.  The  expense  incurred 
for  building  said  addition  and  for  furnishing  and  equipping 
the  same  ready  for  the  use  of  the  courts  shall  not  exceed 
three  hundred  and  seventy  thousand  dollars;  and  said 
commissioners  shall  make  no  contracts  calling  for  a  larger 
expenditure  in  the  aggregate  for  said  purpose  than  the 
amount  herein  specified. 

Section  2.  No  contracts  shall  be  made  for  the  con- 
struction and  furnishing  of  said  building  until  plans  and 


PlanB.etc,  to  be 
appriivi-d  by  a 
bourd. 


Acts,  1895.  — Chap.  492.  593 

estimates  in  detail  have  been  prepared  and  submitted  to 
a  board  to  consist  of  the  judges  of  probate  for  the  county 
of  Middlesex  and  the  register  of  deeds  for  the  northern 
district  of  said  county,  and  approved  by  such  board.  •  And 
such  approval  shall  not  be  given  unless  said  board  is  satis- 
fied that  the  cost  of  the  building  and  its  furnishings,  ready 
for  the  use  of  the  courts,  will  not  exceed  the  amount  of 
three  hundred  and  seventy  thousand  dollars. 

Section   3.      The    county    commissioners,    after    said  fionerl tlf "™'*' 
plans  have  been  so  approved,   shall  advertise  for   pro-  ^^^^''g^f/fjj. 
posals  for  said  work.     Such  advertisements  shall  be  pub-  work,  etc. 
lished  in  at  least  two  daily  newspapers  published  in  the 
city  of  Boston  for  at  least  two  weeks  successively  prior 
to  the  time  specified  therein  for  opening  said  proposals. 
The  contracts  for  said  work  shall  be  awarded  to  the  lowest 
responsible  bidder,  but  shall  not  be  so  awarded  by  the 
county  commissioners  until  said  contracts  have  been  ap- 
proved by  the  board  provided  for  in  section  two  of  this 
act. 

Sectiox  4.  In  order  to  meet  the  expense  incurred  ^^^jg^*"® 
under  this  act  the  county  commissioners  may  issue  coupon 
or  registered  bonds  of  said  county  to  an  amount  not 
exceeding  in  the  aggregate  three  hundred  and  seventy 
thousand  dollars :  jjrovided,  that  the  amount  of  bonds  Proviso. 
issued  for  said  purpose  during  the  year  eighteen  hundred 
and  ninety-five  shall  not  exceed  one  hundred  thousand 
dollars.  Before  issuing  any  such  bonds  said  commis- 
sioners shall  advertise  for  proposals  for  the  amount  to 
be  issued,  in  two  daily  newspapers  published  in  the  city 
of  Boston ;  and  the  bonds  shall  be  sold  to  the  highest 
bidder.  The  indebtedness  so  incurred  by  said  county  shall  ^d^gbtedness. 
be  paid  out  of  amounts  received  for  taxes,  at  the  rate  of 
ten  thousand  dollars  each  year,  commencing  with  the  year 
eighteen  hundred  and  ninety-six,  until  the  whole  indebt^ 
edness  is  paid. 

Section  5.  Chapter  one  hundred  and  sixty  of  the  acts  Repeal,  etc. 
of  the  year  eighteen  hundred  and  ninety-three  is  hereby 
repealed.  All  sums  heretofore  expended  under  said  act 
shall  be  deemed  a  part  of  the  expenditures  authorized 
by  this  act,  and  shall  be  included  within  the  sum  of 
three  hundred  and  seventy  thousand  dollars  above-men- 
tioned. 

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

Approved  June  5,  1805. 


594: 


Acts,  1895.  —  Chap.  493. 


Registers  aud 
assistant  regis- 
ters of  deeds, 
compensation. 


Ch(ip.4^3  ^^^  Act  ESTABLISniXG  THE  SALAUIES  OF  REGISTERS  AND  ASSIST- 
ANT REGISTERS  OF  DEEDS,  AND  PROVIDING  FOR  THE  PAYMENT 
OF   FEES   RECEIVED   BY   THEM    TO   THE   SEVERAL   COUNTIES. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Registers  of  deeds  and  assistant  registers 
of  deeds  shall  receive  annual  salaries  as  follows:  —  For 
the  county  of  Barnstable  the  register  tifteen  hundred  dol- 
lars ;  for  the  Berkshire  middle  district  the  register  Hlteen 
hundred  dollars ;  for  the  Berkshire  northern  district  the 
register  tifteen  hundred  dollars ;  for  the  Berkshire  south- 
ern district  the  register  six  hundred  dollars ;  for  the 
Bristol  northern  district  the  register  two  thousand  dol- 
lars ;  for  the  Bristol  southern  district  the  register  twenty- 
two  hundred  dollars,  the  assistant  register  six  hundred 
dollars  ;  for  the  Fall  River  registry  district  in  the  county 
of  Bristol  the  register  twenty-two  hundred  dollars  :  for 
the  county  of  Dukes  County  the  register  six  hundred  dol- 
lars ;  for  the  Essex  noilhern  district  the  register  seventeen 
hundred  dollars  ;  for  the  Essex  southern  district  the  regis- 
ter four  thousand  dollars,  the  assistant  register  seventeen 
hundred  dollars:  for  the  county  of  Franklin  the  register 
fifteen  hundred  dollars;  for  the  county'  of  Hani])den  the 
register  twenty-eight  hundred  dollars :  for  the  county  of 
Hampshire  the  register  sixteen  hundred  dollars ;  for  the 
Middlesex  northern  district  the  register  two  thousand 
dollars  ;  for  the  ^Middlesex  southern  district  the  register 
live  thousand  dollars,  the  assistant  register  tifteen  hun- 
dred dollars ;  for  the  county  of  Kantucket  the  register 
six  hundred  dollars  ;  for  the  county  of  Norfolk  the  regis- 
ter three  thousand  dollars,  the  assistant  register  sixteen 
hundred  dollars:  for  the  county  of  Plymouth  the  register 
twenty-six  hundred  dollars,  the  assistant  register  one 
thousand  dollars ;  for  the  county  of  SuHblk  the  register 
fifty-five  hundred  dollars,  the  assistant  register  three  thou- 
sand dollars  :  for  the  AVorcester  district  the  register  three 
thousand  dollars,  the  assistant  register  twelve  hundred 
dollars ;  for  the  Worcester  northern  district  the  register 
eighteen  hundred  dollars.  Said  salaries  shall  be  paid  in 
monthly  instalments  by  the  respective  counties  and  shall 
be  at  the  same  rates  for  any  part  of  a  year. 

Sectiox  2.  Registers  of  deeds  shall  be  allowed  for 
assistant  registers,  where  no  salary  is  fixed  bj"^  this  act, 
and  for  clerical  assistance  upon  their  sworn  certificates 


Clerical  assist- 
ance, etc. 


Acts,  1895.  — Chap.  494.  595 

filed  with  the  county  treasurer  that  the  work  was  actually 
performed  and  was  necessary,  with  the  amount  of  such 
work  or  the  time  occupied  and  the  names  of  the  persons 
by  whom  the  work  was  performed,  such  sums  as  are 
designated  in  said  certiticate.  Said  sums  shall  be  paid 
from  the  county  treasury  to  the  person  or  persons  em- 
ployed. 

Sectiox  3.  Each  register  of  deeds  shall  keep  a  cash  A^ccounts  to  be 
book  ^vhich  shall  be  county  property,  in  which  shall  be 
kept  accounts  of  all  fees  received  by  such  register  for  all 
official  acts  and  services  required  under  the  laws  of  the 
Commonwealth ;  and  said  register  of  deeds  shall  on  the 
first  day  of  each  month  pay  over  to  the  treasurer  of  the 
county,  or  other  officer  entitled  to  receive  the  same,  all 
fees  received  as  aforesaid  during  the  preceding  month, 
and  shall  render  an  account  on  oath  of  the  same  to  the 
treasurer  or  other  officer  entitled  to  receive  the  same. 

Section  4.     The  controller  of  county  accounts  by  him-  Examination  of 
self  or  one  of  his  deputies,  shall,  at  least  once  in  each 
year,  examine  the  accounts  of  registers  of  deeds. 

Section  5.     Registers  of  deeds  shall  be  subject  to  all  Jenain^pwi! '" 
the  provisions  of  chapter  four  hundred  and  thirty-eight  of  ^ions  of  law. 
the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
and  acts  in  amendment  thereof,  so  far  as  the  same  are 
applicable. 

Section  6.      Section  twenty-nine  of  chapter  twenty-  Repeal, 
four  of  the  Public  Statutes  and  all  acts  and  parts  of  acts 
inconsistent  herewith  are  hereby  repealed. 

Section  7.     This  act  shall  take  efl'ect  on  the  first  day  To  take  effect 
of  October  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  Jane  5,  IS 95. 


An  Act  relative  to  roads,  sidewalks  and  sewehs  ix  the  city  (JJirti)  494 

OF  boston. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.  Whenever  the  board  of  street  commis-  Laying  out,  etc., 
sioners  of  the  city  of  Boston  shall  have  passed  an  order  °^  ^'^stways. 
laying  out,  locating  anew,  altering  or  widening  a  highway, 
such  order  shall  be  construed  to  include  the  taking  of  land 
for  the  highway,  the  removal  of  obstructions  therefrom, 
and  the  bringing  of  the  land  to  substantially  the  grades 
specified  in  the  order. 


596 


Acts,  1S95.  — Ciiap.  495. 


Superintendent 
of  streets,  etc., 
to  have  direc- 
tion of  certain 
work,  etc. 


To  apply  to  the 
laying  or  mak- 
ins  of  side- 
walks, sewers, 
etc. 


Secttox  2.  The  superintendent  of  streets,  or  any- 
other  officer  of  said  city  who  may  be  so  directed  by  the 
mayor  of  said  city,  shall  have  the  direction  of  the  work 
of  carrying  out  any  order  of  said  board  for  laying  out, 
locating  anew,  altering,  widening  or  constructing  a  high- 
way, and  any  order  of  said  board  or  of  the  board  of  alder- 
men of  said  city  for  laying  or  making  any  sidewalk  or 
sewer ;  and  in  doing  such  work  may  make  the  grades  and 
coverings  of  the  highway,  the  heights,  widths  and  mate- 
rials for  the  sidewalks,  and  the  other  particulars  of  the 
construction  of  the  highway,  and  the  locations,  sizes  and 
materials  of  the  sewers  and  pipes  to  be  placed  therein, 
different  from  those  which  may  be  specified  in  the  order 
therefor,  and  any  work  done  by  said  su]ierintendent  or 
other  officer,  in  laying  out,  locating  anew,  altering,  widen- 
ing or  constructing  a  highway,  or  laying  or  making  a  side- 
walk or  sewer,  shall  be  deemed  to  be  done  in  carrying 
out  the  order  therefor,  whether  done  according  to  the 
directions  in  the  order  or  otherwise. 

Section  3.  The  provisions  of  the  two  preceding  sec- 
tions shall  apply  to  the  carrying  out  of  all  orders  for  lay- 
ing out,  locating  anew,  altering,  widening  or  constructing 
highways,  or  laying  or  making  sidewalks  or  sewers  in  said 
city,  whether  heretofore  or  hereafter  passed  under  the 
authority  of  any  general  or  special  act. 

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

Approved  June  5,  1895. 


OhciV.4.'d5  ^^   -^^^  '^'^  APPORTION   AND  ASSESS   A 


state  tax  of  one  million 
five  hundred  thousand  dollars. 


Be  it  enacted,  etc.,  as  follows : 
state  tax  Section  1.     Each  citv  and  town  in  this  Commonwealth 

apportioned  and  n  i  "^      i  i  •   i         i  •    i       i 

assessed.  shall  bc  asscsscd  and  pay  the  se^'eral  sums  with  which  they 

stand  respectively  charged  in  the  following  schedule,  that 
is  to  say  :  — 

Abington,  fifteen  liuiKb-ed  dollars. 
Aetoii,  nine  hundred  dollars. 
Acushnet,  three  liundred  and  seventy-five  dollars. 
Adams,  twent3'-three  hundred  and  ten  dollars. 
Agawam,  eight  hundred  and  ten  dollars. 
Alford,  one  hundred  and  thirty-five  dollars. 
Amesbury,  thirty-one  hundred  and  thirty-five  dollars. 
Amherst,  nineteen  hundred  and  five  dollars. 
Audover,  twenty-nine  hundred  and  foity  dollars. 


Acts,  1895.  — Chap.  495.  697 

Arlington,  forty-eight  luindred  and  tliirty  dollars.  state  tax 

Asliburnham,  six  hundred  and  forty-tive  dollars.  al'seTsed?^ 

Ashby,  three  hundred  and  fifteen  dollars. 

Ashfield,  three  hundred  and  fifteen  dollars. 

Ashland,  seven  hundred  and  thirty-five  dollars. 

Athol,  twenty-two  hundred  and  sixty-five  dollars. 

Attleborough,  twenty-seven  hundred  and  sixty  dollars. 

Auburn,  three  hundred  and  forty-five  dollars. 

Avon,  four  hundred  and  sixty-five  dollars. 

Ayer,  eight  hundred  and  twentj'-five  dollars. 

Barnstable,  twenty-three  hundred  and  ten  dollars. 

Barre,  eight  hundred  and  eighty-five  dollars. 

Becket,  two  hundred  and  eighty-five  dollars. 

Bedford,  five  hundred  and  eight3'-five  dollars. 

Belchertown,  five  hundred  and  forty  dollars. 

Bellinghana,  four  hundred  and  twenty  dollars. 

Belmont,  twenty-two  hundred  and  sixty-five  dollars. 

Berkley,  two  hundred  and  seventy  dollars. 

Berlin,  three  hundred  dollars. 

Bernardston,  two  hundred  and  fifty-five  dollars. 

Beverly,  eighty-six  hundred  and  eighty-five  dollars. 

Billerica,  eleven  hundred  and  eighty-five  dollars. 

Blackstone,  sixteen  hundred  and  twenty  dollars. 

Blandford,  two  hundred  and  seventy  dollars. 

Bolton,  two  hundred  and  eighty-five  dollars. 

Boston,  five  hundred  thirt^^-eight  thousand  nine  hundred 

and  twenty  dollars. 
Bourne,  one  thousand  and  five  dollars. 
Boxborough,  one  hundred  and  thirty-five  dollars. 
Boxford,  three  hundred  and  seventy-five  dollars. 
Boylston,  three  hundred  dollars. 
Bradford,  sixteen  hundred  and  fift}'  dollars. 
Braintree,  twenty-six  hundred  and  seventy  dollars. 
Bi'ewster,  three  hundred  and  seventy-five  dollars. 
Bridgewater,  fifteen  hundred  and  fifteen  dollars. 
Brimfield,  two  hundred  and  fifty-five  dollars. 
Brockton,  twelve  thousand  nine  hundred  and  thirty  dollars. 
Brookfield,  nine  hundred  dollars. 
Brookline,  thirty-five  thousand  six  hundred  and  eighty-five 

dollars. 
Bucklaud,  three  hundred  and  sixty  dollars. 
Burlington,  three  hundred  dollars. 
Cambridge,  forty-six  thousand  eight  hundred  dollars. 
Canton,  twenty-five  hundred  and  ninety-five  dollars. 
Carlisle,  two  hundred  and  ten  dollars. 
Carver,  four  hundred  and  ninety-five  dollars. 
Charlemont,  two  hundred  and  forty  dollars. 
Charlton,  five  hundred  and  eighty-five  dollars. 
Chatham,  five  hundred  and  seventy  dollars. 


598  AcT.^,  1895.  — Chat.  495. 

State  tax  Cbelmsforcl,  twelvc  liuiulrcd  and  forty-fivc  (lollars. 

.iseeBijed.  Clielsea,    thirteen    thousand    five    liundred   and    forty-five 

doHars. 

Cheshire,  four  hundred  and  (ifty  doUars. 

Chester,  three  hundred  and  ninety  dollars. 

Chesterfield,  one  hundred  and  eighty  dollars. 

Chicopee,  forty-nine  hundred  and  eighty  dollars. 

Chilmark,  one  hundred  and  thirty-live  dollars. 

Clarksburg,  one  hundred  and  fifty  dollars. 

Clinton,  forty-one  hundred  and  seventy  dollars. 

Cohasset,  twenty-eight  hundred  and  eighty  dollars. 

Colrain,  three  hundred  and  sixty  dollars. 

Concord,  twenty-five  hundred  and  twenty  dollars. 

Conwa}',  four  hundred  and  thirty-tive  dollars. 

Cottage  City,  eight  lunidred  aiul  forty  dollars. 

Cummington,  one  hundred  and  ninety-five  dollars. 

Dalton,  seventeen  hundred  and  lifty-five  dollars. 

Dana,  one  hundred  and  eighty  dollars. 

Danvers,  twenty-seven  hundred  dollars, 

Dartmouth,  sixteen  hundred  and  twenty  dollars. 

Dedham,  thirty-nine  hundred  and  forty-five  dollars. 

Deerfield,  nine  hundred  and  ninety  dollars. 

Dennis,  ten  hundred  and  five  dollars. 

Dighton,  five  hundred  and  ten  dollars. 

Douglas,  six  hundred  and  thirty  dollars. 

Dover,  five  hundred  and  eighty-five  dollars. 

Draeut,  ten  hundred  and  five  dollars. 

Dudley,  six  hundred  and  seventy-live  dollars. 

Dunstable,  one  hundred  and  eighty  dollars. 

Duxbury,  nine  hundreil  and  forty-live  dollars. 

East  Bridgewater,  nine  hundred  and  ninety  dollars. 

East  Longmeadow,  four  hundred  and  twenty  dollars. 

Eastham,  one  hundred  and  eighty  dollars. 

Easthamptou,  fifteen  hundred  dollars. 

Easton,  three  thousand  and  forty-live  dollars. 

Edgartown,  four  hundred  and  fift}'  dollars. 

Egreniont,  two  hundretl  and  eighty-live  dollars. 

Enfield,  four  hundred  and  eight}'  dollars. 

Serving,  two  hundred  and  forty  dollars. 

P^ssex,  six  hundred  dollars. 

Everett,  seventy-three  hundred  and  eighty  dollars. 

Fairhaven,  eleven  hundred  and  eighty-live  dollars. 

Fall  Kiver,  thirty-seven  thousand  three  hundred  and  twenty 
dollars. 

Falmouth,  thirty-six  hundred  and  seventy-live  dollars. 

Fitchburg,  eleven  thousand  eight  hundred  and  eighty  dol- 
lars. 

Florida,  one  hundred  and  five  dollars. 

Foxborouirh,  ten  hundred  and  twentv  dollars. 


Acts,  1895.  — Chap.  495.  599 

Franiino;ham,  fiftv-five  liundred  aud  ninety-five  dollars.         state  tax 

T-.         1   !•  •    ,  .  1  1        1     1    n  apportioned  and 

Irankhn,  eighteen  hundred  dollars.  assessed. 

Freetown,  five  hundred  and  forty  dollars. 
Gardner,  three  thousand  and  forty-five  dollars. 
Gay  Head,  fifteen  dollars. 

Georgetown,  six  hundred  and  forty-five  dollars. 
Gill,  two  hundred  and  eighty-five  dollars. 
Gloucester,  ninety-seven  hundred  and  fifty  dollars. 
Goshen,  ninety  doUars. 
Gosnold,  one  hundred  and  twenty  dollars. 
Grafton,  fourteen  hundred  and  eighty-five  dollars. 
Granby,  two  hundred  and  eighty-five  dollars. 
Granville,  two  hinidred  and  twenty-five  dollars. 
Great  Harrington,  twenty-two  hundred  and  five  dollars. 
Greenfield,  thirty-one  hundred  and  ninety-five  dollars. 
Greenwich,  one  hundred  and  sixty-five  dollars. 
Groton,  seventeen  hundred  and  fifty-five  dollars. 
Groveland,  six  hundred  dollars. 
Hadley,  six  hundred  and  thirty  dollars. 
Halifax,  one  hundred  and  sixty-five  dollars. 
Hamilton,  six  hundred  and  forty-five  dollars. 
Hampden,  two  hundred  and  forty  dollars. 
Hancock,  two  hundred  and  ten  dollars. 
Hanover,  eight  hundred  and  seventy  dollars. 
Hanson,  three  lunidred  and  ninety  dollars. 
Hard  wick,  nine  hundred  and  thirty  dollars. 
Harvard,  six  hundred  and  fifteen  dollars. 
Harwich,  seven  hundred  and  fifty  dollars. 
Hatfield,  six  hundred  and  thirty  dollars. 
Haverhill,  twelve  thousand  six  hundred  and  thirty  dollars. 
Hawley,  one  hundred  and  five  dollars. 
Heath,  one  hundred  and  twenty  dollars. 
Hingham,  twenty-seven  hundred  and  fifteen  dollars. 
Hinsdale,  four  hundred  and  sixty-five  dollars. 
Holbrook,  eight  hundred  and  ten  dollars. 
Holden,  seven  hundred  and  twenty  dollars. 
Holland,  sixty  dollars. 

HoUiston,  ten  hundred  and  thirty-five  dollars. 
Holyoke,  sixteen  thousand  three  hundred  and  twenty  dol- 
lars. 
Hopedale,  fifteen  hundred  and  sixty  dollars. 
Hopkinton,  twelve  hundred  and  sixty  dollars. 
Hubbardston,  four  hundred  and  twenty  dollars. 
Hudson,  seventeen  hundred  and  eighty-five  dollars. 
Hull,  fifteen  hundred  and  sixty  dollars. 
Huntington,  three  hundred  and  thirty  dollars. 
Hyde  Park,  five  thousand  aud  eighty-five  dollars. 
Ipswich,  seventeen  hundred  and  seventy  dollars. 
Kingston,  one  thousand  and  five  dollars. 


600  Acts,  1895.  — Chap.  495. 

State  tax  Lakcville,  three  biiiKlrcd  niid  fortv-five  dollars. 

apportioned  and  ^  ^     '  ^  ,  .       .  "i      •    i  ^      /•  in 

asBesBed.  Liiucaster,  seventeen  hundred  and  eighty-live  dollars. 

Lanesborough,  three  hundred  and  fifteen  dollars. 
Lawrence,   nineteen  thousand  nine    hundred   and   twenty 

dollars. 
Lee,  eleven  hundred  and  ten  dollars. 
Leicester,  fourteen  hundred  and  ten  dollars. 
Lenox,  seventeen  hundred  and  eighty-five  dollars. 
Leominster,  thirty-four  hundred  and  twenty  dollars. 
Leverett,  one  hundred  and  eighty  dollars. 
Lexington,  twenty-four  hundred  and  forty-five  dollars. 
Leyden,  one  hundred  and  five  dollars. 
Lincoln,  thii'teen  hundred  and  eighty  dollars. 
Littleton,  five  hundred  and  twenty-five  dollars. 
Longmeadow,  three  hundred  and  seventy-five  dollars. 
Lowell,  forty-two  thousand  dollars. 
Ludlow,  six  hundred  and  forty-five  dollars. 
Lunenburg,  four  hundred  and  eighty  dollars. 
Lynn,   twenty-nine    tliousand  seven   hundred  and   fifteen 

dollars. 
Lynnfield,  three  hundred  and  sixty  dollars. 
Maiden,   fourteen  thousand  eight  hundred  and  thirty-five 

dollars. 
Manchester,  forty-two  hundred  and  sixty  dollars. 
Mansfield,  ten  hundred  and  ninety-five  dollars. 
]\Iarblehead,  thirty-four  hundred  and  sixty-five  dollars. 
Marion,  four  hundred  and  ninety-five  dollars. 
Marlborough,  forty-nine  hundred  and  sixty-live  dollars. 
Marshfield,  eight  hundred  and  ten  dollars. 
Mashpee,  one  hundred  and  five  dollars. 
Mattapoisett,  nine  hundred  dollars. 
INIaynard,  twelve  hundred  and  sixty  dollars. 
INIedfield,  eight  hundred  and  fift3'-five  dollars. 
IMedford,  ninety-three  hundred  and  forty-five  dollars. 
IMedway,  seven  hundred  and  ninety-five  dollars. 
Melrose,  fifty-eight  hundred  and  ninety-five  dollars. 
Mendon,  three  hundred  and  thirty  dollars. 
Merrimac,  eight  hundred  and  ten  dollars. 
]\Iethuen,  twenty-one  hundred  and  fifteen  dollars. 
Middleborough,  twenty-five  hundred  and  fifty  dollars. 
Middlefield,  one  hundred  and  fifty  dollars. 
JMiddleton,  three  hundred  and  fifteen  dollars. 
INIilford,  thirtj^-three  hundred  and  fifteen  dollars. 
INIillbury,  fourteen  hundred  and  forty  dollars. 
]\Iillis,  live  hundred  and  ten  dollars. 
Milton,  eleven  thousand  seven  hundred  and  seventy-five 

dollars. 
]\Ionroe,  ninety  dollars. 
Monsou,  twelve  hundred  dollars. 


Acts,  1895.  — Chap.  495.  601 

Montague,  twenty-one  hundred  and  ninety  dollars.  Btate  tax 

Monterey,  one  hundred  and  fifty  dollars.  asSd?""^  ""'^ 

Montgomery,  ninety  dollars. 

Mount  Washington,  forty-five  dollars. 

Nahant,  thirty-four  hundred  and  sixty-five  dollars. 

Nantucket,  eighteen  hundred  and  fifteen  dollars. 

Natick,  thirty-four  hundred  and  twenty  dollars. 

Needham,  sixteen  hundred  and  ninety-five  dollars. 

New  Ashford,  forty-five  dollars. 

New  Bedford,  thirty  thousand  nine  hundred  and  fifteen 
dollars. 

New  Braintree,  two  hundred  and  fifty-five  dollars. 

New  Marlborough,  three  hundred  and  forty-five  dollars. 

New  Salem,  one  hundred  and  ninety-five  dollars. 

Newbury,  six  hundred  and  forty-five  dollars. 

Newbur3qjort,  sixty-seven  hundred  and  thirty-five  dollars. 

Newton,  twenty-seven  thousand,  four  hundred  and  ninety- 
five  dollars. 

Norfolk,  three  hundred  and  fifteen  dollars. 

North  Adams,  forty-six  hundred  and  ninety-five  dollars. 

North  Andover,  two  thousand  and  twenty-five  dollars. 

North  Attleborough,  twenty-four  hundred  dollars. 

North  Brookfield,  twelve  hundred  dollars. 

North  Reading,  three  hundred  and  fifteen  dollars. 

Northampton,  sixty-two  hundred  and  seventy  dollars. 

Northborough,  seven  hundred  and  sixty-five  dollars. 

Northbridge,  twenty- one  hundred  and  seventy-five  dollars. 

Northfield,  five  hundred  and  eighty-five  dollars. 

Norton,  four  hundred  and  ninety-five  dollars. 

Norwell,  six  hundred  and  sixty  dollars. 

Norwood,  eighteen  hundred  and  forty-five  dollars. 

Oakham,  two  hundred  and  ten  dollars. 

Orange,  twenty-four  hundred  and  fifteen  dollars. 

Orleans,  four  hundred  and  twent}^  dollars. 

Otis,  one  liundred  and  thirty-five  dollars. 

Oxford,  seven  hundred  and  ninety-five  dollars. 

Palmer,  seventeen  hundred  and  forty  dollars. 

Paxton,  one  hundred  and  sixty-five  dollars. 

Peabody,  forty-six  hundred  and  ninety-five  dollars. 

Pelham,  one  hundred  and  five  dollars. 

Pembroke,  four  hundred  and  five  dollars. 

Pepperell,  twelve  hundred  and  thirty  dollars. 

Peru,  seventy-five  dollars. 

Petersham,  three  hundred  and  ninety  dollars. 

Phillipston,  one  hundred  and  eighty  dollars. 

Pittsfield,  eight  thousand  and  seventy  dollars. 

Plainfield,  one  hundred  and  five  dollars. 

Plymouth,  thirtj'-nine  hundred  and  sixty  dollars. 

Plynipton,  one  hundred  and  ninety-five  dollars. 


G02  Acts,  1895.  — Chap.  495. 

state  lax  Prescott,  one  liiindred  and  five  dollars. 

appoitioned  and  .  .  ,  ,       ,  i      •       .^      /•  in 

aseeeeed.  Pi'inceton,  lour  liundic'd  and  ninety-iive  dollars. 

Provincetown,  thirteen  hundred  and  sixty-live  dollars. 

Quiucy,  ten  thousand  and  ninety-live  dollars. 

Randolph,  fourteen  hundred  and  ten  dollars. 

Raynhani,  five  hundred  and  forty  dollars. 

Reading,  twenty-one  hundred  dollars. 

Rehoboth,  four  hundred  and  fifty  dollars. 

Revere,  thirty-nine  hundred  and  thirty  dollars. 

Richmond,  two  hundred  and  ten  dollars. 

Rochester,  three  hundred  and  thirty  dollars. 

Rockland,  eighteen  hundred  and  sixty  dollars. 

Rockport,  fifteen  hundivd  and  ninety  dollars. 

Rowe,  one  hundred  and  fifty  dollars. 

Rowley,  four  hundred  and  twenty  dollars. 

Royalston,  three  hundred  and  seventy-five  dollars. 

Russell,  three  hundred  dollars. 

Rutland,  three  hundred  anil  fifteen  dollars. 

Salem,  seventeen  thousand  five  hundred  and  fifty  dollars, 

Salisbury,  three  hundred  and  ninety  dollars. 

Sandisfield,  two  hundred  and  ten  dollars. 

Sandwich,  five  hundred  and  eight\'-five  dollars. 

Saugus,  seventeen  hundred  and  seventy  dollars. 

Savoy,  one  hundred  and  five  dollars. 

Scituate,  twelve  hundred  and  thirty  dollars. 

Seekonk,  five  hundred  and  twenty-five  dollars. 

Sharon,  nine  hundred  and  seventy-five  dollars. 

Sheflield,  five  hundred  and  forty  dollars. 

Shelburne,  five  hundred  and  fifty-five  dollars. 

Sherborn,  four  hundred  and  ninety-live  dollars. 

Shirley,  four  hundred  and  fifty  dollars. 

Shrewsbury,  six  hundred  dollars. 

Shutesbury,  one  hundred  and  five  dollars. 

Somerset,  six  hundred  and  fortj'-five  dollars. 

Somerville,  twenty-five  thousand  eight  hundred  and  ninety 
dollars. 

South  Hadley,  fourteen  hundred  and  ten  dollars. 

Southampton,  three  hundred  dollars. 

Southl)orough,  nine   hundred  and  seventy-live  dollars. 

Southbridge,  twenty-four  hundred  and  forty-five  dollars. 

Southwick,  three  hundred  and  thirty  dollars. 

Spencer,  twenty-five  hundred  and  five  dollars. 

Springfield,  thirty-five  thousand  two  hundred  and  live  dol- 
lars. 

Sterling,  five  hundred  and  twenty-five  dollars. 

Stockbridge,  eighteen  hundred  and  sixty  dollars. 

Stoneham,  twenty-four  hundred  and  thirty  dollars. 

Stoughton,  eighteen  hundred  and  fifteen  dollars. 

Stow,  three  hundred  and  ninetv  dollars. 


Acts,  1895.  — Chap.  495.  (303 

Sturbridge,  five  hiin<lred  and  eighty-five  dollars.  state  tax 

Sudbiuy,  seven  hundred  and  five  dollars.  asJLssed."*' 

Sunderland,  two  hundred  and  fifty-five  dollars, 

Sutton,  eight  hundred  and  ten  dollars. 

Svvainpscott,  thirty-three  hundred  and  ninety  dollars. 

Swanzey,  five  hundred  and  twenty-five  dollars. 

Taunton,  eleven  thousand  nine  hundred  and  seventy  dol- 
lars. 

Templeton,  eight  hundred  and  forty  dollars. 

Tewiisbury,  nine  hundred  dollars. 

Tisbury,  four  hiuidred  and  ninety-five  dollars. 

Tolland,  ninety  dollars. 

Topsfield,  five  hundred  and  twenty-five  dollars. 

Townsend,  seven  hundred  and  twenty  dollars. 

Truro,  two  hundred  and  twenty-five  dollars. 

Tyngsborough,  two  hundred  and  forty  dollars. 

Tyringham,  one  hundred  and  thirty-five  dollars. 

Upton,  six  hundred  and  thirty  dollars. 

Uxbridge,  thirteen  hundred  and  sixty-five  dollars. 

Wakefield,  thirty-five  hundred  and  ten  dollars. 

Wales,  one  hundred  and  eighty  dollars. 

Walpole,  twelve  hundred  and  forty-five  dollars. 

Waltham,  eleven  thousand  one  hundred  and  ninety  dollars. 

Ware,  twenty-six  hundred  and  fifty-five  dollars. 

Wareham,  twelve  hundred  and  sixty  dollars. 

Warren,  sixteen  hundred  and  eighty  dollars. 

Warwick,  one  hundred  and  ninety-five  dollars. 

Washington,  one  hundred  and  twenty  dollars. 

Watertown,  forty-eight  hundred  and  ninety  dollars. 

Wa3dand,  nine  hundred  and  forty-five  dollars. 

Webster,  twenty-three  hundred  and  ten  dollars. 

Wellesley,  thirty-nine  hundred  and  ninety  dollars. 

Wellfleet,  four  hundred  and  sixty-five  dollars. 

Wendell,  one  hundred  and  fifty  dollars. 

Wenham,  four  hundred  and  five  dollars. 

West  Boylston,  eight  hundred  and  twenty-five  dollars. 

West  Bridgewater,  six  hundred  dollars. 

West  Brookfield,  five  hundred  and  ten  dollars. 

West  Newbury,  six  hundred  dollars. 

AVest  Springfield,  twenty-four  hundred  and  seventy-five 
dollars. 

West  Stockbridge,  three  hundred  and  forty-five  dollars. 

West  Tisbury,  two  hundred  and  forty  dollars. 

AVestborough,  sixteen  hundred  and  eighty  dollars. 

AVestfield,  forty-seven  hundred  and  fifty-five  dollars. 

A\^estford,  eight  hundred  and  twenty-five  dollars. 

AYesthanipton,  one  hundred  and  fifty  dollars. 

Westminster,  four  hundred  and  sixty-five  dollars. 

Weston,  twenty-one  hundred  and  forty-five  dollars 


604 


Acts,  1895.  — CuAr.  405. 


Treasurer  to 
issue  warrant. 


State  lax  "Westpoi't,  niiic  Imiulred  and  forty-tive  dollars. 

apportioned  and  i  ,  ,  i       •  .in 

assessed.  u'eyinoutli,  toiii'  thousand  and  niuety-live  dollars. 

Whately,  two  hundred  and  eighty-five  dollars. 
Whitman,  twenty-one  hundred  and  ninety  dollars. 
AVilbraham,  five  hundred  and  ten  dollars. 
"Williamsburg,  five  hundred  and  seventy  dollars. 
Williamstowu,  fifteen  hundred  and  fifteen  dollars. 
Wilmington,  five  hundred  and  forty  dollars. 
Wincheudon,  fourteen  hundred  and  ten  dollars. 
Winchester,  thirty-eight  hundred  and  eighty-five  dollars. 
Windsor,  one  hundred  and  twenty  dollars, 
Winthrop,  twenty-six  hundred  and  ten  dollars. 
Woburn,  fifty-eight  hundred  and  twenty  dollars. 
Worcester,   fifty-four  thousand  four    hundred  and  thirty- 
five  dollars. 
Worthington,  one  hundred  and  ninety-five  dollars. 
Wrentham,  nine  hundred  and  fifteen  dollars. 
Yarmouth,  twelve  hundred  and  sixty  dollars. 

Section  2.  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requiring 
them  respectively  to  assess  the  sum  so  charged,  according 
to  the  provisions  of  chapter  eleven  of  the  Public  Statutes, 
and  to  add  the  amount  of  such  tax  to  the  amount  of  town 
and  county  taxes  to  be  assessed  by  them  respectively  on 
each  city  and  town. 

Section  3.  The  treasurer  of  the  Commonwealth  in  his 
warrant  shall  require  the  said  selectmen  or  assessors  to  pay, 
or  issue  severally  their  warrant  or  warrants  requiring  the 
treasurers  of  their  several  cities  or  towns  to  pay,  to  the 
treasurer  of  the  Commonwealth,  on  or  before  the  tenth 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 
five,  the  sums  set  against  said  cities  and  towns  in  the 
schedule  aforesaid  ;  and  the  selectmen  or  assessors  respec- 
tively shall  return  a  certificate  of  the  names  of  the  treas- 
urers of  their  several  cities  and  towns,  with  the  sum  wdiich 
each  may  be  required  to  collect,  to  the  treasurer  of  the 
Commonwealth  at  some  time  before  the  first  day  of  October 
in  the  year  eighteen  hundred  and  ninety-five. 

Section  4.  If  the  amount  due  from  any  city  or  town, 
^*'d'to w'n°8  a!r*  ^^  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the 
Commonwealth  within  the  time  specified,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delinquent  city 
or  town,  who  shall  pay  into  the  treasury  of  the  Common- 
wealth, in  addition  to  the  tax,  such  further  sum  as  would 


Payment  of 
asacEsments. 


Notice  to 
treasurers  of 


Acts,  1895.  —  Chap.  496.  605 

be  equal  to  one  per  centum  per  month  during  such  delin- 
quency from  and  after  the  tenth  day  of  December  in  the 
year  eighteen  hundred  and  ninety-five ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-six,  an  information  may  be 
filed  by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such 
delinquent  city  or  town ;  and  upon  notice  to  such  city  or  warrant  of 
town,  and  a  summary  hearing  thereon,  a  warrant  of  distress  fssue?^™*^ 
may  issue  against  such  city  or  town  to  enforce  the  payment 
of  said  taxes  under  such  penalties  as  said  court  or  the 
justice  thereof  before  whom  the  hearing  is  had  shall  order. 
Section  5.     This  act  shall  take  efl'ect  upon  its  passage. 

Ajjproved  June  5,  1895. 


CliapAm 


An  Act  relath-e  to  inspection  of  domestic  animals. 
Be  it  enacted,  etc. ,  as  folloios : 

Sectiox  1.  Section  four  of  chapter  four  hundred  and  ^melided  ^*' 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  inserting  in  the  second 
line,  after  the  word  "cattle",  the  words: — sheep  and 
swine, — and  by  inserting  in  the  twelfth  line,  after  the 
word  "animals",  the  words: — and  any  barn,  stable  or 
premises  where  any  such  animals  are  kept,  —  also  by 
adding  at  the  end  of  said  section  the  words :  — provided, 
nothing  in  this  act  shall  apply  to  the  inspection  of  sheep  or 
swine  slaughtered  in  wholesale  slaughtering  establishments, 
or  to  the  obtaining  of  a  license  for  the  slaughtering  of  such 
sheep  or  swine,  — so  as  to  read  as  follows  :  —  Section  4.  inspectors  to 
Said  inspectors  shall  make  regular  and  thorough  inspections  uc  animais^etc.. 
of  all  neat  cattle,  sheep  and  swine  found  within  the  limits 
of  their  several  cities  and  towns.  Such  inspections  shall  be 
made  at  such  times  and  in  such  manner  as  the  board  of 
cattle  commissioners  shall  fi'om  time  to  time  determine  and 
direct.  They  shall  also  make,  from  time  to  time,  inspec- 
tions of  all  other  domestic  animals  within  the  limits  of  their 
several  cities  and  towns,  whenever  they  have  knowledge  or 
reason  to  suspect  that  such  animals  are  affected  with  or  have 
been  exposed  to  any  contagious  disease,  and  they  shall 
immediately  inspect  any  and  all  domestic  animals  and  any 
barn,  stable,  or  premises  where  any  such  animals  are  kept, 
whenever  directed  so  to  do  by  the  board  of  cattle  com- 
missioners or  any  of  its  members :  provided,  nothing  in  Proviso. 


iiOG 


Acts,  1895.  — Chap.  49G. 


1S94,  491,  §  6, 
amuDded. 


Certificates  to 
issue  wiien 
cerlain  auimals 
are  found  to  be 
free  from  con- 
tagious disease. 


1894,  491,  §  17, 
amended. 


Proprietors  of 
slaatiiler 
houses,  etc., 
to  make  annual 
applicalioijB  for 
JiceuBcs. 


Form  of 
application. 


this  act  shall  apply  to  the  inspection  of  sheep  or  swine 
slausihtered  in  wholesale  slaughtering  estahlislunents,  or 
to  the  obtaining  of  a  license  for  the  slaughtering  of  such 
sheep  or  swine. 

Section  2.  Section  six  of  said  chapter  is  hereby 
amended  by  inserting  in  the  second  line,  after  the  word 
'•  cattle  ■',  the  woids  :  —  sheep  or  swine,  —  by  striking  out 
in  said  second  line,  after  the  word  "such",  the  Mord 
"  cattle",  and  inserting  in  place  thereof  the  word: — ani- 
mals, —  so  as  to  read  as  follows  :  —  /Section  6.  Whenever 
an  inspector  is  satisfied,  upon  an  examination  of  any  neat 
cattle,  sheep  or  swine,  that  such  animals  are  free  fi"om  con- 
tagious disease,  he  shall  deliver  to  the  owner  or  to  the 
])erson  in  charge  thereof,  a  written  certificate  of  their 
V.  holesome  condition,  signed  by  him,  which  certificate  shall 
be  in  such  form  as  the  l)oard  of  cattle  commissioners  shall 
prescribe,  and  shall  cause  a  copy  of  said  certificate  to  be 
entered  upon  his  records. 

Section  3.  Section  seventeen  of  said  chapter  is  hereby 
aiC3nded  by  striking  out  in  the  fifth  line,  the  word 
"  cattle  ",  and  inserting  in  place  thereof  the  words  :  —  neat 
cattle,  sheep  or  swine, — by  striking  out  in  the  twentieth 
line,  the  word  "  cattle",  and  inserting  in  place  thereof  the 
words  :  — neat  cattle,  sheej)  and  swine,  — so  as  to  read  as 
follows  :  —  Section  1  7.  The  proprietor  or  proprietors  of 
every  slaughter  house,  canning,  salting,  smoking  or 
rendering  establishment,  and  of  every  establishment  used 
for  the  manufacture  of  sausages  or  chopped  meat  of  any 
kind,  engaged  in  the  slaughter  of  neat  cattle,  sheep  or 
swine,  the  carcass  or  any  of  the  meat  or  product  of  which 
is  to  be  sold  or  used  for  food,  shall  within  thirty  days  after 
the  passage  of  this  act,  and  thereafter  annually  in  the  month 
of  April,  make  a])plication  to  the  mayor  and  aldermen  of 
the  city  or  the  selectmen  of  the  town  where  such  slaughter 
house  or  establishment  is  located,  for  a  license  to  carry  on 
such  business.  Such  apjjlication  shall  be  in  writing,  signed 
by  one  or  more  of  the  owners  thereof,  or  l)v  one  or  more 
of  the  persons  carrying  on  such  business ;  if  such  owner 
or  the  person  carrying  on  such  business  l>e  a  corporation, 
then  by  some  officer  thereof  thereto  duly  authorized.  Such 
application  shall  give  the  name  in  full  and  address  of  all  the 
owners  or  jiersons  carrying  on  said  business,  the  location 
of  the  slaughter  house  or  establishment  Avhere  said  business 
is  to  be  conducted,  shall  state  the  estimated  number  of  neat 


Acts,  1895.  — Chap.  496.  607 


"Cattle,  sheep  and  swine  to  be  slaughtered  per  week,  the  day 
or  days  of  the  week  upon  which  it  is  intended  to  shiughter 
the  same,  and  the  nature  of  the  product  or  products  thereof 
to  be  sold  or  used  for  food.  Every  such  application  shall 
be  sworn  to  before  a  justice  of  the  peace. 

Section  4.  Section  eighteen  of  said  chapter  is  hereby  ]S94,49i,§i8, 
amended  by  striking  out  in  the  lifth  line,  the  word  ' '  cattle  ",  '■^'^^'^'^^^• 
and  inserting  in  place  thereof  the  words: — neat  cattle, 
sheep  or  swine, — and  by  adding  at  the  end  thereof  the 
worcls :  —  The  board  or  officer  of  every  city  or  town  au- 
thorized to  issue  said  licenses  shall  on  or  before  the  first 
day  of  June  in  each  year  send  to  the  board  of  cattle  com- 
missioners a  copy  of  every  application  made  to  them  under 
section  seventeen  of  this  act,  and  shall  state  the  doings 
of  said  board  or  officer  upon  said  application ;  and  shall 
further  send  to  the  board  of  cattle  commissioners  the  names 
and  addresses  of  all  persons  required  to  make  application 
under  section  seventeen,  who  were  engaged  in  such  business 
on  the  last  day  of  the  previous  April,  and  who  have  failed 
to  make  application  as  provided  in  said  section,  —  so  as  to 
read  as  follows  :  —  /Section  18.  The  mayor  and  aldermen  Licenses  to 
of  cities  and  the  selectmen  of  towns,  or  such  other  board  business  of 
of  officers  as  they  shall  designate,  may  annually  issue  to  8[^^g'»'enDg, 
persons  applying  therefor  licenses  to  carry  on  the  busi- 
ness of  slaughtering  neat  cattle,  sheep  or  swine,  and 
there  shall  be  paid  to  such  city  or  town  for  every  such 
license,  by  the  person  or  persons  obtaining  the  same, 
a  fee  of  one  dollar.  Every  such  license  shall  name  the 
person  or  persons  licensed  to  conduct  such  business,  the 
building  or  establishment  where  the  same  is  to  be  car- 
ried on,  and  such  license  shall  continue  until  the  first 
day  of  May  of  the  year  next  ensuing,  or  until  sooner 
forfeited  or  rendered  void.     The  board  or  officer  of  every  Record  of  nppii- 

,,,.  ,.  ,,  111   catious  to  be 

City  or  town  authorized  to  issue  licenses  liereny,  shall  kept,  etc. 

keep  a  record  of  all  applications  for  licenses  under  section 

seventeen,  and  shall  record  therein  every  license  issued  by 

him  or  them,  and  such  records  shall  be  competent  evidence 

in  any  court  of  the  issue  of  any  such  license.     The  board  ^.S^tfJ?"' 

or  officer  of  every  city  or  town  authorized  to  issue  said  i*^^?°,llf„?;;.',.'i® 

licenses  shall  on  or  before  the  first  day  of  June  in  each  year 

send  to  the  board  of  cattle  commissioners  a  copy  of  every 

application  made  to  them  under  section  seventeen  of  this 

act,  and  shall  state  the  doings  of  said  board  or  officer  upon 

.said  application ;  and  shall  further  send  to  the  board  of 


commissionei's. 


G08 


Acts,  1895.  — Chap.  496. 


ISgi,  491,  §  19, 
amended. 


certain  animals 
regulated. 


cattle  commissioners  the  names  and  addresses  of  all  per- 
sons required  to  make  application  under  section  seventeen, 
who  were  engaged  in  such  business  on  the  last  day  of  the 
previous  Aj^ril,  and  who  have  failed  to  make  application 
as  provided  in  said  section. 

Section  5.  Section  nineteen  of  said  compter  is  hereby 
amended  by  striking  out  in  the  fourth  line,  the  word 
'*  cattle  ",  and  inserting  in  place  thereof  the  Avords  :  —  neat 
cattle,  sheep  or  swine,  — and  by  striking  out  in  the  seventh 
line,  the  word  "cattle",  and  inserting  in  place  thereof  the 
sLiughtering  of  word  : — auiiuals,  —  so  as  to  read  as  follows  :  —  Section  19. 
No  person  or  persons  licensed  under  the  preceding  section 
shall  slaughter  or  cause  or  authorize  to  be  slaughtered  at 
such  slaughter  house  or  establishment,  except  in  the  pres- 
ence of  an  inspector,  any  neat  cattle,  sheep  or  swine  on 
any  day  or  days  other  than  those  si)eeitied  in  the  application 
for  such  license,  except  that  such  licensee  may  at  any  time 
change  the  day  or  days  for  slaughtering  such  animals,  by 
giving  at  least  seven  days'  written  notice  of  such  change 
to  the  board  or  person  authorized  to  issue  licenses  under 
the  provisions  of  section  eighteen  ;  and  such  board  or  per- 
son shall  immediately  give  written  notice  of  such  change 
to  all  inspectors  appointed  by  such  city  or  town. 

Section  6.  Section  twenty  of  said  chapter  is  hereby 
amended  by  striking  out  in  the  twelfth  line,  the  word 
"cattle",  and  inserting  in  place  thereof  the  words:  — 
neat  cattle,  sheep  and  swine,  —  by  striking  out  in  the  four- 
teenth line,  the  word  "cattle",  and  inserting  in  place 
thereof  the  words  :  —  neat  cattle,  sheep  and  swine,  —  so 
as  to  read  as  follows  :  —  Section  20.  It  shall  be  the  duty 
of  the  inspectors  of  animals  and  provisions  of  the  several 
cities  and  towns,  or  when  there  is  more  than  one  inspector 
appointed  for  any  such  city  or  town  and  any  one  of  them 
has  been  duly  selected  and  ordered  so  to  do  by  the  board 
of  health  of  such  city  or  town,  then  of  such  inspector  so 
selected  and  ordered,  to  l)e  present  at  all  licensed  slaughter 
houses  or  establishments  upon  the  day  or  days  designated 
for  slaughter  in  the  application  for  such  license,  or  at  such 
other  day  or  days  as  may  be  designated,  under  the  pro- 
visions of  section  nineteen,  and  there  careftilly  examine  at 
the  time  of  slaughter  the  carcasses  of  all  neat  cattle,  sheep 
and  swine  slaughtered  thereat.  And  it  shall  l^e  the  duty 
of  such  inspectors  also  to  examine  at  the  time  of  slaughter 
any  and  all  neat  cattle,  sheep  and  swine  slaughtered  as 


1894,491,  §20, 
amended. 


Duties  and 
powers  of 
inspectors. 


Acts,  1895.  — Chap.  496.  609 

provided  in  section  twenty-one  of  this  act,  whenever  noti- 
fied so  to  do  by  the  person  slaughtering  the  same.  Such 
inspection  shall  be  made  in  such  manner  and  under  such 
rules  and  regulations  as  the  board  of  cattle  commissioners 
may  from  time  to  time  determine  and  direct.  Whenever, 
in  the  opinion  of  any  inspector,  any  of  said  carcasses  are 
diseased  or  any  meat  or  product  thereof  is  diseased,  cor- 
rupted, unwholesome  or  unfit  for  food,  he  shall  seize 
the  same  and  cause  it  to  be  destroyed,  as  provided  in 
section  ten  of  this  act,  subject  however  to  the  provisions 
therein  contained  concerning  appeal  and  the  disposal  of 
money. 

Section  7.    Section  twenty-one  of  said  chapter  is  hereby  1894, 491.  §  21, 
amended  by  striking  out  in  the  fifth  line  thereof,  the  word  ^™^" 
"  cattle  ",  and  inserting  in  place  thereof  the  words  :  —  neat 
cattle,  sheep  or  swine,  —  by  inserting  in  the  eleventh  line, 
after  the  word  "animal",  the  words  : — is  less  than  six 
months  old  or,  — so  as  to  read  as  follows  :  —  Section  21.  eecUoMiTto  20 
Kone  of  the  provisions  of  sections  seventeen,  eighteen,  not  to  apply  in 

1   J  f  ,^  •  iiii  1  ii  1  ij         certain  cases. 

nineteen  and  twenty  ot  this  act  shall  apply  to  the  slaughter 
from  time  to  time  by  any  person  not  engaged  in  such  busi- 
ness, as  provided  in  section  seventeen,  of  one  or  more  of 
his  own  neat  cattle,  sheep  or  swine,  when  the  same  are 
slaughtered  upon  his  own  premises  other  than  a  slaughter 
house  or  establishment  mentioned  in  section  seventeen, 
but  such  persons  shall  cause  such  carcass  to  be  inspected 
at  the  time  of  slaughter,  by  an  inspector  of  animals  and 
provisions  appointed  under  the  provisions  of  this  act, 
unless  said  animal  is  less  than  six  months  old  or  has  been 
duly  inspected  under  the  provisions  of  this  act  within  six 
months  prior  to  such  slaughter  and  a  certificate  of  health 
has  l)een  delivered  to  the  owner  or  person  in  charge  thereof, 
as  provided  in  section  six. 

Sectiox  8.  Section  twenty-two  of  said  chapter  is  i894, 491,  § 22, 
hereby  amended  by  striking  out  in  the  fourth  line,  the  "'"'' 
word  "cattle",  where  it  occurs  therein,  and  inserting  in 
place  thereof  the  words  :  — neat  cattle,  sheep  or  swine,  — 
by  striking  out  in  the  tenth  line,  the  word  "cattle",  and 
inserting  in  place  thereof  the  words  :  —  neat  cattle,  sheep 
or  swine,  — by  striking  out  in  the  thii-teenth  line,  the  word 
"cattle",  and  inserting  in  place  thereof  the  words  :  — neat 
cattle,  sheep  or  swine,  — by  striking  out  in  the  eighteenth 
line,  the  word  "cattle",  and  inserting  in  place  thereof  the 
words  :  — neat  cattle,  sheep  or  swine,  —  so  as  to  read  as 


610  Acts,  1895.  — Chai\  490. 

^au'htedu        follows  :  —  Sectioii  22.     Any  person  violating  any  of  the 
etc.,  in  violation  pi'ovisions    of   sections    eiahteon,    nineteen,    twenty   and 

of  provisions.        ^  1  i      •    "  1     •        j-1         1         •     '  c 

twenty-one,  or  wlio,  beinc  eniraged  in  the  r)usine.ss  ot 
slaughtering  neat  cattle,  sheep  or  swine,  shall  slaughter 
any  neat  cattle,  sheep  or  swine,  or  shall  knowingly  author- 
ize or  cause  the  same  to  be  slaughtered  with  the  intent  of 
selling  the  carcass  or  any  of  the  meat  or  product  thereof 
for  food,  without  first  having  applied  for  and  obtained  a 
license,  as  provided  in  sections  seventeen  and  eighteen,  or 
who,  having  obtained  such  license,  slaughters  or  knowingly 
authorizes  or  causes  to  be  slaughtered  any  neat  cattle, 
sheep  or  swine  without  causing  the  carcass  thereof  to  be 
inspected  as  provided  in  section  twenty,  or  who  sells  or 
authorizes  or  causes  to  be  sold  any  carcass,  meat  or  prod- 
uct of  any  neat  cattle,  sheep  or  swine,  knowing  that  such 
carcass  or  the  carcass  from  which  such  meat  or  product 
was  obtained  had  not  been  inspected  according  to  the  pro- 
visions of  sections  twenty  or  twenty-one  of  this  act,  or 
who  slaughters  or  knowingly  authorizes  or  causes  to  be 
slaughtered  any  neat  cattle,  sheep  or  swine  upon  his  own 
premises  other  than  a  slaughter  house  or  establishment 
mentioned  in  section  seventeen,  without  causing  the  car- 
cass of  such  animal  to  be  inspected,  except  as  provided  in 
section  twenty-one,  or  who  sells,  or  authorizes  or  causes 
to  be  sold,  the  carcass  or  any  meat  or  product  thereof,  of 
any  such  animal  slaughtered  upon  his  own  premises, 
knowing  that  the  same  has  not  been  inspected  as  })rovided 
in  section  twenty-one,  shall  be  ])unished  by  a  fine  not 
exceeding  five  hundred  dollars  or  by  imprisonment  in  jail 
for  not  exceeding  sixty  days,  or  by  both  such  fine  and 
imprisonment. 
1894, 491,  §  27,         Sectiox  9.     Scctiou  twentv-seven  of  said  chapter  is 

&Q16Du6Q* 

hereby  amended  by  striking  out  all  of  said  section  after 
the  word  "possession",  in  the  sixth  line  thereof,  and  in- 
serting in  place  thereof  the  following: — thereof;  but 
whenever  specific  animals  are  quarantined  or  isolated 
under  the  provisions  of  sections  seven,  twenty-six  and 
forty-five  of  this  act,  more  than  ten  days  upon  such  prem- 
ises, as  suspected  of  being  afliicted  with  a  contagious  dis- 
ease, and  the  owner  is  forbidden  to  sell  any  of  the  product 
thereof  for  food,  or  whenever  any  animals  are  quarantined, 
collected  or  isolated  on  any  premises  other  than  those  of 
such  owner  or  person  in  possession  thereof,  the  expense 
of  such  quarantine  shall  be  paid  by  the  Commonwealth, — 


Acts,  1895.  — Chap.  496.  611 

so  as  to  read  as  follows:  —  Section  27.  When  any  ani-  Payment  of 
mals  are  quarantined,  collected  or  isolated  under  the  pro-  quarantine,  etc. 
visions  of  this  act,  upon  the  premises  of  the  owner  or  of 
the  person  in  possession  thereof  at  the  time  such  quaran- 
tine is  imposed,  the  expense  thereof  shall  be  paid  by  such 
owner  or  person  in  possession  thereof;  but  whenever  spe- 
cific animals  are  quarantined  or  isolated  under  the  provi- 
sions of  sections  seven,  twenty-six  and  forty-five  of  this 
act,  more  than  ten  days  upon  such  premises,  as  suspected 
of  being  afflicted  with  a  contagious  disease,  and  the  owner 
is  forbidden  to  sell  any  of  the  product  thereof  for  food,  or 
whenever  any  animals  are  quarantined,  collected  or  isolated 
on  any  premises  other  than  those  of  such  owner  or  person 
in  possession  thereof,  the  expense  of  such  quarantine  shall 
be  paid  by  the  Commonwealth. 

Section  10.  Section  forty-five  of  said  chapter  is  hereby  i894, 49i,  §  45, 
amended  by  striking  out  in  the  sixth  and  seventh  lines,  the  "^^^^ 
words  "  at  the  expense  of  the  owner",  by  striking  out  in 
the  twenty-second  line,  the  words  "  one  half  of",  and  in- 
serting in  place  thereof  the  word: — full, — by  striking 
out  in  the  twenty-third  and  twenty-fifth  lines,  the  words 
"  slaughter  for  food  or  milk  purposes,  and  without  taking 
into  consideration  the  existence  of  such  disease  ",  and  in- 
serting in  place  thereof  the  words  :  —  condemnation  not 
exceeding  the  sum  of  sixty  dollars  for  any  one  animal,  — 
by  inserting  in  the  twenty-seventh  line,  after  the  word 
"been",  the  word:  —  owned,  —  and  by  striking  out  all 
after  the  word  "thereto",  in  the  twenty-ninth  line,  and 
inserting  in  place  thereof  the  words: — -in  the  judgment 
of  the  cattle  commissioners,  by  wilful  act  or  neglect,  con- 
tributed to  the  spread  of  tuberculosis ;  but  such  decision 
on  the  part  of  the  commissioners  shall  not  deprive  the 
owner  of  the  right  of  arbitration  as  hereinafter  provided, 
—  so  as  to  read  as  follows: — Section  45.     When  the  certain  animals 

1  1      p        J  Ai  •      •  r»«j  1  itobe  isolated 

board  oi  cattle  commissioners  or  any  oi  its  members,  by  or  kiiied,  etc. 
an  examination  of  a  case  of  contagious  disease  among 
domestic  animals,  becomes  satisfied  that  the  public  good 
requires  it,  such  board  or  commissioner  shall  cause  such 
animal  or  animals  affected  therewith  to  be  securely  iso- 
lated, or  shall  cause  it  or  them  to  be  killed  without 
appraisal  or  payment.  Such  order  of  killing  shall  be  in 
writing,  and  may  be  directed  to  the  board  of  health,  in- 
spector or  other  person,  and  shall  contain  such  direction 
'  as  to  the  examination  and  disposal  of  the  carcass,  and  the 


612 


Acts,  1895.  — Chap.  49G. 


A  reasonable 
Bura  to  be  paid 
to  owner  in 
certain  cases. 


Proviso. 


In  case  of 
disagreement 
value  to  be 
determined  by 
arbitrators. 


Parties 

aggrieved  may 
petition  to  have 
damages 
assessed,  etc. 


cleansing  and  disinfectin<2;  of  the  premises  where  such 
animal  was  condemned,  as  such  l)oard  or  commissioner 
shall  deem  expedient.  A  reasonable  sum  may  be  paid 
out  of  the  treasury  of  the  Commonwealth  for  the  expense 
of  such  killing  and  l)urial.  If  it  shall  subsequently  ap- 
pear, upon  post  mortem  examination  or  otherwise,  that 
such  animal  was  free  from  the  disease  for  which  it  was 
condemned,  a  reasonable  sum  therefor  shall  be  paid  to  the 
owner  thereof  by  the  Commonwealth  :  provided,  Jiovever, 
that  whenever  any  cattle  condemned  as  afflicted  with  the 
disease  of  tuberculosis  are  killed  under  the  provisions  of 
this  section  the  full  value  thereof  at  the  time  of  condem- 
nation not  exceeding  the  sum  of  sixty  dollars  for  any  one 
animal,  shall  be  paid  to  the  owner  thereof  out  of  the 
treasury'-  of  the  Commonwealth  if  such  animal  has  been 
owned  within  the  state  six  months  continuously  prior  to 
its  being  killed,  provided  such  person  shall  not  have, 
prior  thereto,  in  the  judgment  of  the  cattle  commissioners, 
by  wilful  act  or  neglect,  contributed  to  the  spread  of  tuber- 
culosis ;  but  such  decision  on  the  })art  of  the  commissioners 
shall  not  deprive  the  owner  of  the  right  of  arbitration  as 
hereinafter  provided. 

Section  11.  If  the  owner,  who  is  entitled  to  compen- 
sation for  an  animal  destroyed  as  affected  with  tuberculosis 
under  section  forty-five  of  said  chapter  four  hundred  and 
ninety-one,  and  the  commissioner  condemning  the  same 
cannot  agree  as  to  the  value  of  the  animal  so  condemned, 
the  question  of  such  value  shall  be  determined  by  arbi- 
trators, one  to  be  selected  by  the  commissioner,  one  to  be 
selected  by  the  owner,  or  if  the  owner  neglects  or  refuses 
for  twenty-four  hours  to  select  an  ar1)itrator,  the  one  already 
selected  shall  select  a  second,  and  if  these  two  cannot  agree, 
a  third  to  be  selected  by  the  two  arbitrators  first  selected. 
Such  arbitrators  shall  be  sworn  fiiithfully  to  discharge  the 
duties  of  their  office,  and  shall  determine  the  value  of  such 
animal  according  to  the  })rovisions  of  said  section  fort}'- 
five,  and  the  full  value  so  determined  shall  be  paid  to  the 
owner  as  provided  in  said  section.  Either  party  aggrieved 
by  the  doings  of  the  cattle  commissioners,  or  any  of  its 
mem])ers,  under  the  provisions  of  said  section  forty-five, 
or  by  the  award  of  such  arbitrators,  may  ]ietition  the  su- 
perior court  for  the  county  where  such  animal  was  killed, 
or  for  the  county  of  Suffolk,  to  have  the  damages  assessed ; 
such  petition  shall  be  by  or  against  the  board  of  cattle 


Acts,  1895.  — Chap.  496.  613 

commissioners,  and  a  copy  thereof  shall  be  served  upon 
the  defendant,  or  if  the  petition  is  against  said  board  of 
cattle  commissioners,  upon  one  of  the  commissioners,  in 
the  same  manner  as  is  provided  for  the  service  of  other 
civil  process.  Such  petition  shall  be  filed  in  the  clerk's 
office  of  the  superior  court  for  said  county  within  thirty 
days  after  the  killing  of  such  animal  or  animals.  Such 
petition  shall  be  subject  to  the  provisions  of  section  sixty- 
nine  of  chapter  one  hundred  and  sixty-seven  of  the  Public 
Statutes,  and  a  trial  may  be  had  thereon  at  the  bar  of  the 
court,  in  the  same  manner  as  other  civil  cases  are  tried. 
If  upon  such  trial  it  shall  be  determined  that  such  animal 
was  not  affected  with  the  disease  for  which  it  was  con- 
demned reasonable  compensation  may  be  recovered  there- 
for, and  if  the  owner  recovers  damages  in  excess  of  the 
amount  previously  awarded  him  by  the  arbitrators,  or 
allowed  him  by  the  commissioners,  he  shall  recover  his 
costs  ;  otherwise  he  shall  pay  costs.  The  damages,  costs 
and  expenses  incurred  by  the  commissioners  in  prosecuting 
or  defending  any  such  action  shall  be  paid  by  the  Common- 
wealth. 

Section  12.     The  commissioners  may  examine  under  commisBioners 
oath  all  persons  believed  to  possess  knowledge  of  material  Snain  persona 
facts  concerning  the  existence  or  dissemination,  or  danger  '^°'^^*' °^'^- 
of  dissemination,  of  contagious  diseases  among  domestic 
animals,  or  concerning  any  other  matter  within  the  pro- 
visions of  this  act  and   said  chapter  four  hundred  and 
ninety-one,  and  each  of  said  commissioners  shall  have  all 
the  powers  vested  in  justices  of  the  peace  to  take  depo- 
sitions, to  compel  witnesses  to  attend  and  testify  before 
said  commission,  and  to  administer  oaths  for  any  of  the 
purposes  of  this  act  l^y  chapters  one  hundred  and  fifty-five 
and  one  hundred  and  sixty-nine  of  the  Public  Statutes. 
The  fees  for  such  witnesses  for  attendance  and  travel  shall  ^"°®gt/®^*' 
be   the   same  as  for  witness  before  the   superior  court. 
All  costs  and  expenses  incurred  in  procuring  the  attend- 
ance of  such  witnesses  shall  be  allowed  and  paid  by  the 
Commonwealth.     Copies  of  the  records  of  the  board  of  certified  copies 

,  ,  1  .       .  /.  1       .  T  .  1    o^  records,  etc., 

cattle  commissioners  or  ot  any  regulation  or  order  issued  to  be  competent 
by  said  board  or  any  of  its  members  under  the  provisions 
of  this  act,  when  duly  certified  by  the  secretary  of  said 
board,  and  any  certificate  by  said  secretary  of  the  issu- 
ing, recording,  delivering  or  pul)lishing  of  any  such 
orders    or   regulations   under   the    provisions    of  section 


614  Acts,  1895.  — Chap.  497. 

forty,  shall  be  competent  evidence  of  such  fact  in  any 
tribunal. 

Mpended"^^  Sectiox  13.  The  amount  to  be  expended  under  this 
act  shall  not  exceed  one  hundred  thousand  dollars  for  the 
current  year. 

?uiin° restricted.  SECTION  14.  Until  Junc  first  eighteen  hundred  and 
ninety-six  the  use  of  tuljcrculin  as  a  diagnostic  agent  for 
the  detection  of  the  disease  known  as  tuberculosis  in 
domestic  animals  shall  be  restricted  to  cattle  brought  into 
the  Commonwealth  from  any  point  without  its  limits,  and 
to  all  cattle  held  in  quarantine  at  Brighton,  "\Vatertow-n 

Proviso.  and  Somerville  :  provided,  hoicever,  that  tul)crculin  may 

be  used  as  such  diagnostic  agent  on  any  animal  or  animals 
in  any  other  portion  of  the  state  upon  the  consent  in  writ- 
ing of  the  owner  or  person  in  possession  thereof,  and  upon 
any  animals  condemned  as  tuberculous  upon  physical  ex- 
amination by  a  competent  veterinarian. 

^®P®*'-  Sectiox  15.     Sections  forty-six  and  forty-nine  of  chap- 

ter four  hundred  and  ninety-one  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four  are  hereby  repealed. 
Section  16.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1S95. 

ChapA^7  ^^  -'^CT  TO   REGULATE   THE    MAKING   OF  LOANS   UPON   DEPOSITS   OR 

PLEDGES   OF  PERSONAL  PROPERTY. 

Be  it  enacted,  etc.,  as  foUoics : 

etc^^to'be^"""*'  Sectton  1.  No  pci'son.  Corporation,  member  of  a  co- 
pawnbrokers  partnership  or  firm,  shall,  in  any  city  or  town  of  ten 
thousand  or  more  inhabitants,  engage  in  or  carry  on  the 
business  of  loaning  money  upon  mortgages,  deposits  or 
pledges  of  wearing  ap{)arcl,  jeweliy,  ornaments,  household 
goods  or  other  personal  proi)erty,  or  of  ])urchasing  such 
property  on  condition  of  selling  the  same  back  again  at  a 
stipulated  price,  unless  such  person,  corporation,  copai't- 
Proviso.  nership  or  firm  is  licensed  as  a  pawnl)roker :  2^^'ovided, 

hoicevev,  that  this  act  shall  apply  only  when  such  liroperty 
is  deposited  with  the  party  making  the  loan,  and  that  noth- 
ing herein  contained  shall  ai)ply  to  loans  made  upon  stock, 
bonds,  notes  or  other  written  or  printed  evidences  of 
ownership  of  property,  or  of  indebtedness  to  the  holder  or 
owner  of  any  such  securities, 
uc^ns'es^"^  Section  2.     The  fcc  for  cvGiy  sucli  license  as  a  pawn- 

broker shall  be  fifty  dollars.       Every  such  license  shall 


Acts,  1895.  — Chap.  ^97.  615 

expire  at  the  end  of  one  year  from  the  date  thereof  and 
may  be  renewed  on  application  to  the  board  of  officers 
granting  the  same,  on  payment  of  the  sum  above-specified. 
The  board  of  officers  granting  such  license  shall  have  full 
power  to  revoke  the  same  at  any  time.  Every  person  so  Totiiebond, 
licensed  shall,  at  the  time  of  receiving  such  license,  file  ^'°' 
with  the  mayor,  board  of  police  or  board  of  officers  grant- 
ing the  same  a  bond  to  the  local  authorities  of  such  city  or 
town,  to  be  executed  by  the  person  so  licensed  and  by  two 
responsible  sureties,  in  the  penal  sum  of  three  hundred 
dollars,  to  be  approved  of  by  such  mayor,  board  of  police 
or  board  of  officers,  and  which  bond  shall  be  conditioned 
for  the  faithful  performance  of  the  duties  and  obligations 
pertaining  to  the  business  so  licensed. 

Section  3.  The  board  of  ofiicers  which  grants  licenses  uuiesand 
to  pawnbrokers  in  any  city  or  town  shall  from  time  to  "'^^^ 
time  establish  such  rules  and  regulations  with  reference  to 
the  business  carried  on  by  them,  and  the  rate  of  interest 
to  be  charged  by  them,  as  shall  seem  to  said  board  to  be 
necessary  and  proper ;  and  no  pawnbroker  shall  hereafter 
charge  or  receive  upon  any  loan  a  greater  rate  of  interest 
than  that  fixed  by  the  board  by  which  his  license  was  issued. 

Section  4.  Every  such  pawnbroker  shall  keep  a  book  ^e'8«i'puo''n  of 
in  which  shall  be  leii'ibly  w^ritten  in  the  English  lanouaoe,  certain  articles 
at  the  time  of  making  such  loan,  an  account  and  descrip- 
tion of  the  goods,  articles  or  things  pawned  or  pledged, 
the  amount  of  money  loaned  thereon,  the  time  of  pledging 
the  same,  the  rate  of  interest  to  be  paid  on  such  loan,  and 
the  name  and  residence  of  the  person  pawning  or  pledging 
such  goods,  articles  or  things. 

Section  5.     Every  such  pawnbroker  shall  at  the  time  Pawnbroker  to 

/•  1-  ii"^!!-  J.J.1  •  deliver  note  to 

of   niakmg  sucli  loan  deliver  to  the  person  pawning  or  person  pawning 
pledging  any  goods,  article  or  thing,  a  memorandum  or  ^*^°'^'*'  *'"'■ 
note  signed  by  him,  containing  the  substance  of  the  entry 
required  to  be  made  in  his  book  by  the  preceding  section  ; 
and  no  charge  shall  be  made  or  required  by  any  pawn- 
broker for  any  such  entry,  memorandum  or  note. 

Section  6.     Said  book  shall  at  all  reasonable  times  be  Boobs  to  be 
open  to  the  inspection  of  the  mayor,  the  meinl^ers  of  the  uon  ofVertafn' 
board  of  police,  the  superintendent  of  police  and  deputy  i'^'""*"*- 
superintendents,  the  chief  inspector  of  police,  or  any  per- 
son who  shall  be  duly  authorized  in  writing  for  that  pur- 
pose by  any  or  either  of  them,  and  who  shall  exhibit  such 
written  authority  to  such  pawnbroker. 


61G 

Penalty. 
Repeal. 


Acts,  1895.  — Chap.  i98. 

Section  7.  Whoever  violates  the  provisions  of  this  act 
shall  be  i)unished  by  a  line  of  not  less  than  tifty  dollars  and 
not  more  than  three  hundred  dollars,  or  by  imprisonment 
in  the  house  of  correction  for  not  more  than  sixty  days,  or 
by  both. 

Section  8.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed.  Approved  June  5,  ISOo. 


Street  commis- 
sioners msiy 
■widen  and 
construct 
certain  streets. 


To  determine 
cost,  etc. 


Chan  498  -^^  ^^'^  kelative  to  certain  streets   in  the  city  of  uoston. 
Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.  The  board  of  street  commissioners  of  the 
city  of  Boston,  with  the  approval  of  the  mayor,  may  widen 
and  construct  Charlestowu  street ;  may  lay  out  and  con- 
struct an  avenue  from  said  Charlestown  street  or  Hay- 
market  square  over  private  lands.  Cross  and  other  streets 
to  Commercial  street ;  may  widen  and  construct  Clinton 
street  from  Fulton  street  to  said  Commercial  street,  and 
may  widen  and  construct  said  Commercial  street  and  India 
street  from  said  Cross  street  to  Atlantic  avenue. 

Section  2.  Said  board  after  any  order  for  any  such 
widening  and  construction,  or  laying  out  and  construc- 
tion, has  been  carried  out,  shall  determine  the  cost  in- 
curred in  carrying  out  the  order,  including  any  expenses  in 
taking  land  and  other  doings  in  the  laying  out  or  widen- 
ing and  construction  of  any  such  avenue  or  street,  together 
with  any  expenses  for  sewers  not  exceeding  four  dollars 
per  foot  of  sewer  laid  therein  and  for  the  construction  of 
said  sewers,  and  for  all  other  work  and  material  furnished 
by  or  for  the  city  in  carrying  out  such  order. 

Section  3.  All  said  expenses,  except  expenses  for  gas 
pipes,  water  pipes,  their  connections,  and  the  laying 
thereof,  shall  be  paid  from  the  proceeds  of  the  loan  au- 
thorized by  chapter  three  hundred  and  twenty-three  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-one  and 
acts  in  amendment  thereof  or  in  addition  thereto  ;  and  said 
board  shall  assess  a  proportional  share  of  said  cost  upon 
the  real  estate  which  said  board  shall  adjudge  receives  any 
benefit  and  advantage  from  such  laying  out  or  widening 
and  construction,  or  either  of  them,  or  the  laying  of  sewers 
or  pipes  as  aforesaid,  beyond  the  general  advantages  to  all 
real  estate  in  said  city,  to  the  extent  of  the  total  amount  of 
the  adjudged  benetit  and  advantage  to  each  estate,  whether 
or  not  a  part  thereof  is  taken  for  said  highway ;  and  the 


Payment  of 
certain  ex- 
penses, etc. 


Acts,  1895.  — Chap.  499.  617 

portion  of  said  cost  not  so  assessed  and  paid  shall  be  borne 
by  the  city  of  Boston . 

Section  4.  Except  as  otherwise  specified  herein  sec-  certain  provi- 
tions  ten,  twelve  and  thirteen  of  said  chapter,  as  since  to^riViy.eTc. 
added  to  or  amended,  shall  apply  to  all  proceedings  and 
worl^  done  under  this  act ;  but  in  determining  damages 
sustained  by  the  taking  of  any  part  of  a  parcel  of  land 
under  this  act  no  allowance  shall  be  made  by  way  of  set- 
olf  or  benefit  done  to  the  remainder  of  said  parcel,  and, 
except  as  otherwise  specified  in  section  two  of  this  act, 
sections  two,  three,  five,  six,  seven  and  eight  of  chapter 
fifty-one  of  the  Public  Statutes  shall  apply  to  assessments 
under  this  act,  and  notice  shall  be  given  of  such  assess- 
ments, as  provided  in  chapter  two  hundred  and  ninety- 
nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five. 

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

Ap2')rovecl  June  3, 1895. 

An  Act  making  APrROPRiATiONS  for  salaries  and  expenses  (J}iar)A'^^ 

IN  THE   OFFICE   OF   THE   STATE   FIRE   MARSHAL. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  salaries  and 
propriated,  to  be  paid  out  of  the  treasury  of  the  Common-  oflTcTofVr" 
wealth  from  the  ordinary  revenue,  for  the  payment  of  '^^'"«^»'- 
salaries  and  expenses  in  the  ofiice  of  the  state  fire  marshal 
during  the  year  ending  on  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-five,  to  wit :  — 
For  the  salary  of  the  clerk  of  the  state  fire  marshal,  the 
sum  of  fourteen  hundred  dollars.  For  the  salaries  of  the 
two  stenographers  in  the  ofiice  of  the  state  fire  marshal, 
the  sum  of  eleven  hundred  dollars  each.  For  the  salaries 
of  the  two  chiefs  of  aid  in  the  ofiice  of  the  state  fire  mar- 
shal, the  sum  of  twelve  hundred  dollars  each.  For  the 
salaries  of  the  eleven  aids  and  one  chief  of  secret  service 
in  the  ofiice  of  the  state  fire  marshal,  the  sum  of  one  thou- 
sand dollars  each ;  and  for  the  salary  of  a  messenger,  the 
sum  of  four  hundred  dollars.  For  travelling  and  contin-' 
gent  expenses  of  the  state  fire  marshal,  his  deputies  and 
aids,  the  same  to  include  fees  of  witnesses,  a  sum  not  ex- 
ceeding eight  thousand  six  hundred  dollars.  For  services 
and  expenses  of  persons  employed  by  the  state  fire  mar- 
shal in  outside  secret  investigations,  a  sum  not  exceeding 


618  Acts,  1895.  —  Chaps.  500,  501. 

four  thousand  dollars.  For  postage,  printing,  stationery 
and  incidental  and  contingent  office  expenses  of  the  state 
fire  marshal,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 

Section  2.     This  act  shall  take  efiectupon  its  passage. 

Approved  June  5,  1895. 


ChCin,500   ^^^^  ■^^'^  '^^   ESTABLISH   THE   SALAKV   OF  THE   CLEIJK   OF  THE  POLICE 

COUKT   OF  THE   C'lTl'   OF   UKOCKTON. 

Beit  enacted,  etc.,  as  follows  : 

^ourtof^""''^        Section  1.     The  salary  of  the  clerk  of  the  police  court 
Brockton.  of  the  citv  of  BrocktoH  shall  be  one  thousand  dollars  a 

year,  to  be  so  allowed  from  the  first  day  of  January  in  the 

year  eighteen  hundred  and  ninety-five. 

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

{^This  hill,  returned  hy  the  Governor  to  the  House  of  Repre- 
sentatives, the  branch  in  ivhich  it  originated,  ivith  his  objections 
thereto,  teas  passed  by  the  House  May  29,  and,  in  concurrence, 
hy  the  Senate  May  31,  the  objections  of  the  Governor  noticith- 
standing,  in  the  mangier  2JTescribed  by  the  Constitution ;  and 
thereby  has  the  '■'•force  of  a  Zaw."] 


compeuBution. 


C/iG50.501   ^^'   ^^^    RELATIVE    TO    THE    rKEFEHEXCE    OF  VETEUAXS     FOR     EM- 

TLOVMENT  IX  THE   TCBLIC   SERVICE. 

Be  it  enacted,  etc.,  as  follows: 

sfxfhdaule'^'  Section  1.  Tlio  sixth  clausc  of  soctioH  fourteen  of 
amended.  '  chapter  three  hundred  and  twenty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four  is  hereby  amended  by 
striking  out  in  the  second  line,  the  words  "  other  qualifi- 
cations being  equal",  and  adding  at  the  end  of  said  clause 
the  words: — And  it  shall  be  the  duty  of  the  civil  service 
commissioners  to  cause  the  names  of  veterans,  who  having 
been  examined  and  found  qualified  for  appointment  to  the 
position  for  which  they  have  applied,  to  be  placed  upon 
the  eligible  list  in  the  order  of  their  respective  standing 
above  the  names  of  all  other  persons.  Such  commission 
shall  cause  to  be  certified  to  the  appointing  ofiicers,  for 
appointment,  the  names  of  veterans  in  preference  to  all 
others  so  long  as  there  are  names  of  veterans  upon  the 
eligible  list ;  and  veterans  so  certified  shall  be  appointed 
in  preference  to  those  who  are  not  veterans.  But  nothing 
herein  contained  shall  be  construed  to  prevent  the  certifi- 


Acts,  1895.  — Chap.  501.  619 

cation  and  employment  of  women,  —  so  as  to  read  as  fol- 
lows :  — 

Sixth,  For  giving  preference  in  appointments  to  office  To  provide  for 
and  promotions  in  office  to  applicants  who  served  in  the  fnc'efu^appoint- 
army  or  navy  of  the  United  States  in  time  of  war  and  ™eterali8reic*.° 
have  been  honorably  discharged  therefrom.  And  it  shall 
be  the  duty  of  the  civil  service  commissioners  to  cause 
the  names  of  veterans,  who  having  been  examined  and 
found  qualiiied  for  appointment  to  the  position  for  which 
they  have  applied,  to  be  placed  upon  the  eligible  list  in 
the  order  of  their  respective  standing  above  the  names  of 
all  other  persons.  Such  commission  shall  cause  to  be 
certified  to  the  appointing  officers,  for  appointment,  the 
names  of  veterans  in  preference  to  all  others  so  long  as 
there  are  names  of  veterans  upon  the  eligible  list ;  and 
veterans  so  certified  shall  be  appointed  in  preference  to 
those  who  are  not  veterans.  But  nothing  herein  contained 
shall  be  construed  to  prevent  the  certification  and  employ- 
ment of  women. 

Sectiox  2.     Veterans  who  have  made  application  for  veterans  to  be 

•  TTGfGrrtjd  for 

employment  in  the  public  service  in  accordance  with  the  appointment  in 
second  section  of  rule  twelve  of  the  civil  service  rules  shall  otherappu-  ° 
be  preferred  for  certification  and  appointment  in  prefer-  ^omen.^'^^^* 
ence  to  all  other  applicants  not  veterans,  except  women  : 
provided,  that  the  age  limit  now  established  by  the  civil  I'l^o^iso. 
service  rules,  with  regard  to  appointments  in  the  police 
and  prison  service  and  fire  departments,  may  be  applied 
to  such  appointments. 

Section  3.     Section  one  of  chapter  four  hundred  and  amended.^  ^' 
seventy-three  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  is  hereby  amended  by  striking  out  all  of  said 
section,  after  the  word  "certified",  in  the  eighth  line, — 
so  as  to  read  as  follows  :  —  Section  1.     In  all  cases  of  cer-  soidiers  and 
tification  for  appointment  of  examined  persons  under  the  preference  in 
civil  service  rules  in   accordance  with  the  provisions  of  ^pp°'°"^'^'i^*- 
chapter  three  hundred  and  twenty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-four,  persons  certified  who 
have  served  in  the  army  or  navy  of  the  United  States  in 
time  of  war  and  been   honorably  discharged  therefrom 
shall  be  appointed  in  preference  to  other  persons  certi- 
fied. 

Sectiox  4.     The  civil  service  commission  shall,  within  List  of  names  of 

n  -,  n.  'J.'  j^-r-x-  ^  T      persons  exam- 

nve  days  alter  any  examination  or  certification  oi  candi-  ined  or  certified, 
dates  for  positions  in  the  public  service,  cause  a  list  of  the  pared" etc.^"^^' 


620 


Acts,  1895.  — Chap.  502. 


Penalty. 


Certuin  terms 
defined. 


Repeal. 


names  of  the  persons  examined  or  certified,  with  the  stand- 
ino;  attained  in  the  examination,  to  be  prepared,  and  .said 
list  shall  be  open  to  the  inspection  of  the  public  between 
the  hours  of  ten  in  the  forenoon  and  two  in  the  afternoon 
of  each  day. 

Section  5.  Whoever  violates  any  provision  of  this  act 
shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  five  hundred  dollars. 

Section  6.  The  word  "application",  as  used  in  this 
act,  shall  be  construed  to  mean  a  petition  for  employment, 
containing  a  sworn  statement  by  the  applicant  that  he  is 
qualified  to  perform  the  duties  of  the  position  which  he 
seeks,  and  accompanied  by  certificates  from  three  citizens 
of  good  repute  in  the  community  stating  that  they  know 
said  applicant  to  be  fully  competent  to  perform  the  duties 
of  the  position  sought.  The  word  "veteran",  as  used 
in  this  act,  shall  })e  construed  to  mean  a  person  who 
served  in  the  United  States  army  or  navy  during  the 
war  of  the  rebellion  and  was  honorably  discharged  there- 
from. 

Section  7.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

[_This  bill,  returned  by  the  Governor  to  the  House  of  Repre- 
sentatives, the  branch  in  zvhich  it  originated,  with  his  objections 
thereto,  teas  x>assed  by  the  House  June  3,  and,  in  concurrence,  by 
the  Senate  June  4,  the  objections  of  the  Governor  notwithstanding, 
in  the  manner  prescribed  by  the  Const itut io7i ;  and  thereby  has  the 
'•'•  force  of  a  lav:.'''] 


Clmpm^ 


Repeal. 


Certain  powers 
and  duties  to  be 
vested  in 
election 
commissionerB. 


An  Act  to  repeal  the  act  relative  to  political  committees 

AND   caucuses  AND  TO    CONFER    CERTAIN    POWERS    AND    DUTIES 
UPON   THE   ELECTION  COMMISSIONERS   OF   THE   CITY   OF   150ST0N. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  five  hundred  and  four  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four  is  hereby 
repealed. 

Section  2.  The  powers  and  duties  which  by  law  are 
vested  in  and  imposed  upon  the  mayor  and  aldermen, 
registrar  of  voters  or  city  clerk  of  the  city  of  Boston  in 
respect  to  caucuses,  shall,  except  as  otherwise  specially 
provided,  be  vested  in  and  imposed  upon  the  election  com- 
missioners of  said  city.  Approved  June  5,  1S95. 


Acts,  1895.  —  Chap.  503.  621 


An  Act  to  establish  the  Massachusetts  hospital  for  con-  (JJi(i^,50S 

SUJirTITES   AND   TUBEKCLLAK  PATIENTS. 

Be  it  enacted,  etc.,  asfoUoios: 

Section  1 .    The  governor,  with  the  advice  and  consent  Board  of 

o  ^  trustcGs  of  tb6 

of  the  council,  shall  appoint  five  persons  who  shall  consti-  Massachusetts 
tute  the  Board  of  Trustees  of  the  Massachusetts  Hospital  consumptives 
for  Consumptives  and  Tubercular  Patients,  and  who  shall  Pauemsr^'"'^'^ 
hold  office  for  terms  of  one,  two,  three,  four  and  five  years  tP.m'°\?^°'' 
respectively,  beginning  with  the  first  Monday  of  July  in 
the  present  year,  and  until  their  respective  successors  are 
appointed  and  qualified  ;  and  previous  to  the  first  Monday 
in  July  in  each  year  thereafter  the  governor  shall  in  like 
manner  appoint  one  such  trustee  to  hold  oflice  for  the  term 
of  five  years,  beginning  with  the  first  Monday  in  July  of 
the  year  of  his  appointment,  and  until  his  successor  is 
appointed  and  qualified.      Any  such  trustee  may  be  re- 
moved by  the  governor  with  the  advice  and  consent  of  the 
council  for  such  cause  as  they  may  deem  sufficient  and  as 
shall  be  assigned  in  the  order  of  removal.     Any  vacancy 
occurring  in  said  board  shall  be  filled  in  like  manner  for 
the  unexpired  term. 

Section  2.     The  lands  held  by  said  trustees  in  trust  Taking  of 
for  the  Commonwealth  for  the  use  of  said  hospital,  as  here-  for  a  street, 
inafter  provided,  shall  not  be  taken  for  a  street,  highway  reltrktJd.^**'*' 
or   railroad   without    leave    of   the   legislature    specially 
obtained. 

Section  3.     Said  trustees  shall  be  a  corporation  for  the  Purposes  of 
same  purposes  for  which  the  trustees  of  each  of  the  state  *^°'^^°'^" ' 
lunatic  hospitals  are  made  a  corporation  by  section  five  of 
chapter  eighty-seven  of  the  Pul)lic  Statutes,  with  all  the 
powers  necessary  to  carry  said  purposes  into  efiect. 

Section  4.     Said  trustees  shall  have  authority  to  pur-  May  purchase 
chase  in  behalf  of  the  Commonwealth  suitable  real  estate  erect  buildings, 
as  a  site  for  said  hospital,  and  to  cause  to  be  erected  thereon 
suitable  buildings  for  said  hospital  which  shall  furnish 
suitable  accommodations  for  not  less  than   two  hundred 
patients  and  for  the  officers,  employees  and  attendants, 
and  to  provide  for  the  equipment  and  furnishing  of  said 
buildings :  provided,   hoiuever,   that  the  expenditure  for  Proviso, 
carrying  out  the  purposes  of  this  act  shall  not  exceed  one 
hundred  and  fifty  thousand  dollars.     No  expenditure  shall 
be  made  for  the  erection  of  buildings  except  for  plans 
therefor,  until  said  plans  have  been  approved  by  the  gov- 


&22 


Acts,  1895.  — Chap.  50:3. 


May  make 
contracts  and 
employ  agents. 


Powers  and 
duties. 


Governor  to 
issue  proclama- 
tion establishing 
hospital. 


Compensation, 
etc.,  of  trustees. 


May  appoint 
physicians, 
assistants,  etc. 


Charges  for 
support  of 
inmates,  etc. 


emor  and  council,  and  no  such  approval  shall  be  given 
unless  the  governor  and  council  shall  he  satisfied  that  the 
cost  of  the  real  estate  and  the  erection  and  completion  of 
buildings  and  the  equipment  and  ftirnishiug  of  the  same 
ready  for  occupancy  will  not  exceed  one  hundred  and  fifty 
thousand  dollars.  The  trustees  shall  have  authority  to 
make  all  contracts  and  em})loy  all  agents  necessary  to  carry 
into  effect  the  provisions  of  this  act. 

Section  5.  Said  trustees  shall  have  the  same  powers 
and  shall  be  required  to  perform  the  same  duties  in  the 
management  and  control  of  said  hospital  as  are  vested  in 
and  required  of  the  trustees  of  the  various  state  lunatic 
hospitals  under  sections  six,  seven  and  nine  of  chapter 
eighty-seven  of  the  Public  Statutes. 

Section  6.  When  the  buildings  constructed  under  the 
provisions  of  this  act  are  so  far  completed  that  in  the 
opinion  of  said  trustees  they  may  be  properly  used  for 
the  purposes  of  said  hospital,  said  trustees  shall  notify 
the  governor,  who  shall  thereupon  issue  his  proclamation 
establishing  said  hospital. 

Section  7.  After  the  establishment  of  said  hospital 
said  tnistees  shall  receive  no  compensation  for  their  ser- 
vices, but  they  shall  be  reimbursed  fi'om  the  treasury  of 
the  Commonwealth  for  all  expenses  actually  incurred  by 
them  in  the  performance  of  their  official  duties.  The 
governor  and  council  shall  fix  the  compensation  to  be  paid 
to  them  for  services  rendered  in  the  selection  and  purchase 
of  real  estate  and  the  construction,  equipment  and  furnish- 
ing of  the  hospital  Imildings. 

Section  8.  Said  trustees  may  appoint  the  physicians, 
assistants  and  employees  necessary  for  the  proper  admin- 
istration of  the  affairs  of  said  hospital  and  may  incur  all 
expenses  necessary  for  the  maintenance  of  the  same.  Said 
trustees  shall  provide  homeopathic  medical  treatment  for 
all  patients  who  desire  it  and  for  that  purpose  shall 
appoint  such  number  of  homeopathic  physicians  as  may 
be  necessary. 

Section  9.  The  charges  for  the  support  of  the  inmates 
of  said  hospital  as  are  of  sufficient  ability  to  pay  for  the 
same,  or  have  persons  or  kindred  bound  by  law  to  maintain 
them,  shall  be  paid  by  such  inmates,  such  persons,  or  such 
kindred  at  a  rate  to  be  determined  by  the  trustees  of  said 
hospital.  The  board  of  such  inmates  as  have  a  legal  set- 
tlement in  some  city  or  town  shall  be  paid  by  said  city  or 


Acts,  1895.  — Chap.  503.  623 

town  if  such  patients  are  received  at  said  hospital  on  the 
request  of  the  overseers  of  the  poor  of  said  city  or  town. 
The  trustees  may  in  their  discretion  receive  other  patients 
who  have  no  means  to  pay  for  treatment ;  and  the  board 
of  all  such  patients  shall  be  paid  from  the  treasury  of  the 
Commonwealth. 

Section  10.  There  shall  be  a  thorough  visitation  of  ^oBpUar  °^ 
said  hospital  by  two  of  the  tnistees  thereof  monthly,  and  annual  report. 
by  a  majority  of  them  quarterly,  and  by  the  whole  board 
semi-annually,  at  each  of  which  a  written  report  of  the 
state  of  the  institution  shall  be  drawn  up,  which  shall  be 
presented  at  the  annual  meeting  to  be  held  between  the 
first  day  of  October  and  the  first  day  of  November.  At 
the  annual  meeting  the  trustees  shall  make  a  detailed 
report  in  the  same  manner  as  is  required  of  the  trustees 
of  the  state  lunatic  hospitals,  and  shall  audit  the  report 
of  the  treasurer,  which  shall  l)e  presented  at  said  annual 
meeting,  and  transmit  it  with  their  annual  report  to  the 
governor  and  council. 

Section  11.     The  accounts  and  books  of  the  treasurer  Accounts  and 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees,  ["reasu^er. 

Section  12.  For  the  purpose  of  meeting  any  expenses  Hospital  for 
that  may  be  incurred  under  the  provisions  of  this  act  the  Eoan?™^''^^^ 
treasurer  and  receiver  general  is  hereby  authorized,  with 
the  approval  of  the  governor  and  council,  to  issue  scrip 
or  certificates  of  indebtedness  to  an  amount  not  exceed- 
ing one  hundred  and  fifty  thousand  dollars,  for  a  term 
not  exceeding  thirty  years.  Said  scrip  or  certificates  of 
indebtedness  shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  not 
exceeding  four  per  cent,  per  annum,  payable  semi-annu- 
ally on  the  first  days  of  May  and  November  in  each  year. 
Such  scrip  or  certificates  of  indebtedness  shall  be  desig- 
nated on  the  face  thereof  as  the  Hospital  for  Consump- 
tives Loan,  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  or  its  equivalent ;  and  said  scrip  or  certifi- 
cates of  indebtedness  shall  be  sold  and  disposed  of  at 
public  auction,  or  in  such  other  mode,  and  at  such  time 
and  prices,  and  in  such  amounts  (the  rate  of  interest  not 
to  exceed  the  rate  above-specified)  as  shall  be  deemed 
best.      The   sinking   fund  established   by   chapter  three  sinking  fund. 


624: 


Acts,  1895.  — Chap.  504. 


hundred  and  ninety-one  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-four,  known  as  the  prison  and  hos- 
pital loan  sinking  i'w.ul,  shall  also  be  maintained  for  the 
purpose  of  extinguishing  bonds  issued  under  the  authority 
of  this  act,  and  the  treasurer  and  receiver  general  shall 
apportion  thereto  from  year  to  year  an  amount  sufficient 
with  the  accumulations  of  said  fund  to  extingTiish  at  matu- 
certain  amount  rity  the  dcbt  incurred  by  the  issue  of  said  bonds.  The 
amount  necessary  to  meet  the  annual  sinking  fund  require- 
ments and  to  pay  the  interest  on  said  bonds  shall  be  raised 
by  taxation  from  year  to  year. 

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

Approved  June  5,  1895. 


to  be  raised  by 
taxation 


Chap.^04: 


Term  of 
imprisonment 
of  certain 
couvicta. 


Permit  to  be  at 
liberty  may 
issue  in  certain 
cases. 


Order  of  arrest 
of  holder  of 
permit  may 
issue  in  certain 
cases. 


An  Act  relative  to  sextexces  to  the  state  prison. 
Be  it  enacted^  etc.,  as  follows: 

Section  1.  When  a  convict  is  sentenced  to  the  state 
prison,  otherwise  than  for  life,  or  as  an  habitual  criminal, 
the  court  imposing  the  sentence  shall  not  fix  the  term  of 
imprisonment,  but  shall  establish  a  maximum  and  mini- 
mum term  for  which  said  convict  may  be  held  in  said 
prison.  The  maximum  term  shall  not  be  longer  than  the 
longest  term  fixed  Ijy  law  for  the  punishment  of  the 
offence  of  which  he  is  convicted,  and  the  minimum  term 
shall  not  be  less  than  two  and  one  half  years. 

Section  2.  At  any  time  after  the  expiration  of  the 
minimum  term  for  which  a  convict  maybe  held  in  the  said 
prison  under  a  sentence  iini)oscd  as  albresaid,  the  commis- 
sioners of  prisons  may  issue  to  him  a  permit  to  l)e  at 
liberty  therefrom,  upon  such  terms  and  conditions  as  they 
shall  deem  best,  and  they  may  revoke  said  permit  at  any 
time  previous  to  the  exjjiration  of  the  maximum  term  for 
which  he  may  be  held  under  said  sentence.  ]N\)  such  per- 
mit shall  be  issued  without  the  approval  of  the  governor 
and  council,  nor  unless  said  commissioners  shall  be  of  the 
opinion  that  the  person  to  whom  it  is  issued  will  lead  an 
orderly  life  if  set  at  liberty.  The  violation  by  the  holder 
of  a  permit  issued  as  aforesaid  of  any  of  the  terms  or 
conditions  thereof,  or  the  violation  of  any  law  of  this 
Commonwealth,  shall  of  itself  make  void  such  })ermit. 

Section  3.  When  any  permit  issued  as  aforesaid  has 
been  revoked,  or  has  become  void,  said  commissioners 
may  issue  an  order  authorizing  the  arrest  of  the  holder 
of  said  permit  and  his  return  to  said  state  prison.     The 


Acts,  1895.  —  Chaps.  505,  506.  625 

holder  of  said  permit,  when  returned  to  said  prison,  shall 
be  detained  therein  accordinp:  to  the  terms  of  his  original 
sentence  ;  and  in  computinii-  the  period  of  his  confinement, 
the  time  between  his  release  upon  said  permit  and  his 
return  to  the  prison  shall  not  be  taken  to  be  any  part  of 
the  term  of  the  sentence. 

Section  4.     This  act  shall  take  effect  upon  the  first  day  to  take  effect 
of  January  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  June  5,  1895. 

An  Act  to  al'thorize  the  Worcester  consolidated  street  /^7,^vj  f^n^ 

RAILAVAY    COMPANY    TO     LEASE    THE    TUOPERTY    OF    THE    NORTH  ^ 

END  STREET  RAILWAY   COMPANY. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.     The  ^Yorcester  Consolidated  Street  Eail- ^»y 'e.a«e 

,        ,  .  ,         .         .  ,  .,  franchises,  etc., 

way  Company  is  hereby  authorized  to  lease  the  railway,  of  North  End 
franchises  and  other  ])roperty  of  the  North  End  Street  compauy!  '^"^ 
liailway  Company  of  Worcester  for  a  term  not  exceeding 
ninety-nine  years  from  the  date  of  said  lease.  And  the 
Xorth  End  Street  Railway  Company  is  hereby  authorized 
to  make  such  a  lease.  Said  lease  to  be  upon  such  terms 
and  conditions  as  the  directors  and  stockhoklers  of  the 
respective  corporations  agree  upon  and  subject  to  the  ap- 
proval of  the  board  of  raih'oad  commissioners  according 
to  the  provisions  of  chapter  five  hundred  and  six  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four. 

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

Ax)proved  June  5,  1895. 


Ckap.506 


An  Act  relative  to  boards  of  health  in  towns. 
Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     The  persons  chosen  by  ballot  and  declared  P^f^s    , 
elected  as  members  of  the  board  of  health  of  any  town  at  to  constitme  the 

.,  1  •     I      J.  ^'  I      1  1    •      'j.1  legal  boards  of 

its  annual,  or  any  special,  town  meeting  held  in  the  pres-  health  of  towus. 

ent  year,  prior  to  the  passage  of  this  act,  shall  constitute 

the  legal  board  of  health  of  said  town  ;  and  each  member 

of  said  board  shall  notwitlistanding  any   informality  or 

defect  in  the  form  of  the  ballot,  the  method  of  taking  the 

vote,  the  warrant  for  or  the  notification  for  the  meeting, 

or  the  proceedings  of  the  meeting  at  which  such  board 

was  elected,  hold  his  office  for  the  term  for  which  he  was 

declared   elected.     No   such   informality    or  defect  shall 


626 


Acts,  1895.  — Chap.  507. 


Election,  terms, 
etc. 


f  f  no  board  is 
ehosen  silfct- 
meu  10  act. 


]8?i4,  218.  §  3, 
pro^rieions  of 
relative  to 
physieiaii  not 
to  apply  to 
certain  xowns. 


Repeal. 


affect  the  validity  of  any  of  the  acts,  proceedings  or  regu- 
lations of  such  board. 

Section  2.  Every  town  in  the  Commonwealth  may 
elect  a  board  of  health  by  ballot  at  the  annual  meeting 
of  the  town,  or  at  a  meeting  legally  warned  for  the  pur- 
pose, consisting  of  three  persons,  to  serve,  one  for  the 
term  of  three  years,  one  for  the  term  of  two  years  and 
one  for  the  term  of  one  year,  l)egimung  with  the  day 
following  such  town  meeting  or  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  day  following  such  town  meeting  or  until 
another  is  chosen  and  qualified  in  his  stead.  If  no  such 
board  is  chosen  the  selectmen  shall  constitute  such  board 
of  health. 

Sectiox  3.  So  much  of  section  three  of  chapter  two 
hundred  and  eighteen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  as  provides  that  one  member 
of  the  board  of  health  shall  be  a  physician,  shall  not  apply 
to  towns  in  which  the  selectmen  constitute  the  board  of 
health. 

Sectiox  4.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

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

Ajypy-oved  June  5,  1895. 


aiap.5o: 


Certain  terms 
detiui-d. 


As  Act   kelative  to   the  holdixg   of  caucuses  in  cektaix 

CITIES  AND  TOWKS. 

Be  it  enacted,  etc.,  asfollotcs: 

Section  1.  Terms  used  in  this  act  relating  to  caucuses 
shall  have  application  as  hereinafter  set  forth,  unless  other 
meaning  is  clearly  apj)arent  from  the  language  or  context, 
or  from  manifest  intent. 

The  term  "political  party",  shall  a])i)ly  to  a  political 
party  which  at  the  preceding  annual  state  election  ])olled 
for  governor  at  least  three  per  cent,  of  the  entire  vote  cast 
in  the  state  for  that  office. 

The  term  "nomination  papers ",  shall  apply  only  to 
those  used  in  connection  with  caucuses,  as  herein  pro- 
vided. 

The  term  "caucus  officers",  shall  apply  to  wardens, 
clerks  and  inspectors,  and  when  on   duty  to  additional 


Acts,  1895.  — Chap.  507.  G2< 


officers  specially  elected,  or  elected  to  fill  a  vacancy  and 
taking  part  in  the  conduct  of  caucuses. 

The  term  "elective  office",  shall  apply  to  candidates 
for  any  office  to  be  voted  for  at  a  state  or  municipal  elec- 
tion. 

Section  2.     All  caucuses  of  a  political  party  in  the  city  caiiintr,  etc,  of 

f-r»        .  1      •  •,  i  1  •  T."        1    caucuses  iu  city 

Boston  and  in  any  city  or  town  wherein  a  political  of  Boston  and 

party,  prior  to  the  passage  of  this  act,  accepted  the  pro-  andToVus?* 
visions  of  chapter  five  hundred  and  four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  for  the  choice  of 
candidates  to  be  voted  for  at  a  state  election,  for  the 
choice  of  delegates  to  a  political  convention  to  nominate 
candidates  to  be  voted  for  at  a  state  election,  for  the 
choice  of  caucus  officers,  and  for  the  choice  of  a  politi- 
cal committee,  shall  be  called  and  held  as  herein  pro- 
vided. 

All  caucuses  held   under  the   provisions   of  this  act,  Certain  can- 
except  those  that  relate  to  a  municipal  or  special  elec-  at  caii  of  e\ute 
tion,  shall  be  held  at  the  call  of  the  state  committee  of  '=°'"™'"''''- 
the  i)olitical    party  whose  caucuses  are  to  be  held,  and 
the  chairman  and  secretary  of  said  state  committee  shall, 
at  least  twenty-one  days  before  the  date  on  which  the 
caucuses  are  to  be  held,  forward  a  copy  of  the  call  to  the 
chairman  and  secretary  of  each  city  and  town  committee 
of  the  party. 

Section  3.     All  caucuses  of  a  political  partv  in  said  c'enain  cm. 

.-  T  /.  ,.  /»T-ii  1    cuses  relating 

cities  and  towns  tor  the  choice  ot  candidates  to  be  voted  to  city  or  toWa 

fo,  .,  .  ij-  -t     f        It  !•  /«ii        elections  to  be 

r  at  a  city  or  town  election,  and  tor  the  ciioice  ot  dele-  heidonBame 

gates  to  a  convention  to  nominate  candidates  to  be  voted  ^''^' 
for  at  a  city  or  town  election,  shall  be  held  on  the  same 
day  in  each  city  and  town,  except  such  caucuses  as  relate 
to  a  special  election  :  provided,  however^  that  in  said  cities  Proviso. 
or  towns  caucuses  for  the  choice  of  delegates  to  a  con- 
vention to  nominate  candidates  to  be  voted  for  by  the 
city  or  town  at  large  may  be  held  upon  a  difterent  day 
from  the  other  caucuses  al)ove-mentioned.  All  caucuses 
for  the  choice  of  a  ward  committee  shall  be  held  on  the 
same  day,  which  may  be  the  same  as  the  day  for  holding 
caucuses  for  the  choice  of  candidates  to  be  voted  for  at 
a  city  election.     The  city  or  town  committee  shall  deter-  cityortown 

■^,11  1  •  'l         n     J.I  x*  1     •       committee  to 

mine  the  days  upon  which  all  the  caucuses  mentioned  in  determine  days. 
this  section  shall  be  held,  and  all  calls  for  the  same  shall 
be  issued  by  the  chairman  and  secretary  of  the  city  or 
town  committee. 


628 


Acts,  1895.  — Chap.  507. 


Party  first  filing 
copy  of  call 
eniilleJ  lo 
precedeuce. 


Eighteen  days' 
iiolice  to  bo 
given,  etc. 


Seven  daj-s' 
DOtice  to  be 
giveti  by  cily 
riud  town 
coiuuiiieee. 


Polling  places, 
etc.,  to  bo  pro- 

VideJ. 


Notices  to  be 
published. 


Blank  noniina- 
ii0!i  papers  to  be 
provided,  vie. 


Ko  two  political  partio^^  sliall  hold  their  caucuses  on  the 
same  day.  The  party  tirst  tiling  with  the  city  or  town 
dork  a  copy  of  the  call  tor  a  caucus  shall  be  entitled  to 
precedence  on  the  day  named. 

Section  4.  Notices  of  caucuses  in  said  cities  or  towns, 
whether  held  at  the  call  of  the  state  committee  or  at  the 
call  of  the  city  or  town  conmiittee,  shall  be  issued  not 
less  than  eighteen  days  prior  to  the  day  on  which  the 
caucuses  are  to  be  held.  They  shall  state  the  day  when 
the  several  caucuses  shall  be  held  and  the  place  at  which 
nomination  pai)ers,  as  hereinafter  provided,  shall  be  tiled, 
and  the  day  and  hour  prior  to  which  said  nomination  papers 
shall  1)6  tiled. 

Section  5.  At  least  seven  days  prior  to  the  day 
named  for  a  caucus,  as  hereinbefore  provided,  the  city  or 
town  committee  shall  issue  a  notice  that  such  caucus  will 
be  held,  stating  the  place,  the  day  and  the  hour  of  hold- 
ino;  the  same.  The  hour  shall  not  be  earlier  than  two 
o'clock  in  the  afternoon,  nor  later  than  half  past  seven 
o'clock  in  the  evening,  as  the  city  or  town  committee  shall 
determine. 

At  least  two  weeks  prior  to  the  date  on  which  a  caucus 
is  to  1)6  held  the  chairman  or  secretary  of  the  city  or  town 
committee  shall  notify  the  board  of  aldermen  in  a  city  or 
the  selectmen  in  a  town  of  such  date,  and  the  said  alder- 
men or  selectmen  shall,  at  least  ten  days  prior  to  the  date 
on  which  the  caucus  is  to  be  held,  notify  the  city  or  town 
committee  of  the  places  selected  for  holding  the  caucuses  ; 
and  said  aldermen  or  selectmen  shall,  at  the  expense  of 
the  city  or  town,  provide  polling  places,  and  in  case  of  a 
city,  not  less  than  one  for  each  ward,  and  shall  prepare 
the  same  with  booths,  registering  ballot  boxes,  guard  rails 
and  the  like,  in  the  same  manner  in  which  they  are  ar- 
ranged for  state  elections. 

AH  notices  for  caucuses  in  such  cities  or  towns  and  all 
notices  relative  to  the  filing  of  nomination  i)apers  shall  be 
])u1)lishod  not  less  than  twite  in  one  or  more  local  news- 
jiapcrs  if  there  are  any  such  newspapers  in  such  cities  or 
towns. 

Section  6.  It  shall  be  tlie  duty  of  the  city  or  town 
to  provide,  and  of  the  city  or  town  clerk  seasonably  to 
prepare,  for  each  political  party,  as  herein  provided, 
blank  nomination  ]ia])("rs  for  use  in  the  ditlerent  wards  of 
the  city  or  in  the  town,  stating  the  place  where,  and  the 


Acts,  1895.  — Chap.  507.  629 

day  and  hour  prior  to  which,  signed  nomination  papers 
must  be  tiled.  On  the  back  of  such  papers  shall  be 
printed  sections  seven  to  fourteen  inclusive  of  this  act. 
Such  papers  shall,  by  the  city  or  to\vn  clerk,  be  delivered 
to  the  chairman  or  secretary  of  the  political  committee  for 
whose  use  they  have  been  prepared,  and  to  such  chairman 
or  secretary  only. 

Section  7.     Nominations   by  members  of  a  political  Nomi^nations  to 
party  of  candidates  for  elective  otfices,  for  delegates  to  a  nominaUoQ 
convention,  for  caucus  officers,  and  for  a  ward  or  town 
committee  to  be  voted  for  at  a  caucus,  shall  be  made  by 
nomination  papers,  as  hereinafter  provided. 

Such  papers  shall  contain  the  signatures  of  not  less  than  signatures. 
five  legal  voters  of  the  ward  or  town  in  which  the  caucus 
is  to  be  held. 

Said  voters  shall  be  members  of  the  political  party  To  be  members 
whose  caucus  is  to  be  held .  o  par  > . 

Every  voter  signing  a  nomination  paper  shall  sign  the  To  sign  in 
same  in  person,  and  shall  add  to  his  signature  the  street  p^*^*""' 
and  number,  if  any,  of  his  residence. 

Nomination   papers    placing  candidates   in  nomination  Number  of 

I,,  ,  ,•!  1  f  f  Tij_        names  limiied. 

shall  not  contain  a  larger  number  ot  names  ot  candidates 
than  there  are  persons  to  be  elected.  They  may  contain 
a  less  number. 

Section  8.     In  addition  to  the  name  of  the  candidate  certaininforma- 
for  an  elective  oflice  there  shall   be  given  the  street  and  ghen'concei n- 
number,  if  any,  of  his  residence,  and  there  may  be  given  jor  efe^cuvf  ^* 
his  business  or  occupation,  the  public  offices  he  has  held,  offices. 
or  any  other  information  whereby  his    identity  may  be 
established,  and  his  qualifications  for  the  office  to  be  filled, 
or  his  position  on   any  public  measure,  indicated.     Any 
statement  of  this  nature  shall  be  embodied  in  not  exceed- 
ing eight  words. 

Against  the  name  of  a  candidate  for  caucus  officer  or  Candidates  for 
for  ward  or  town  committee  shall  be  given  the  street  and  etc,''"''  °  "'^''' 
number,  if  any,  of  his  residence. 

In  connection  with  names  of  persons  proposed  as  dele-  Delegates  to 
gates  to  a  convention,  any  such  statement  may  be  made 
as  that  the  persons  named  are  favorable  to,  or  are  pledged 
to  support,  or  to  oppose,  any  person  or  persons  for  an 
office  or  offices  to  be  filled,  or  are  favorable  to,  or 
opposed  to,  any  public  measure,  or  are  uncommitted ; 
such  statements  shall  be  embodied  in  not  exceeding  eight 
words. 


()30 


Acts,  1805.  — Chap.  507. 


Time  of  filing 
to  be  endorsed 
ou  papora. 


To  be  eenlcd 
aud  tiled  leu 
days  before 
caucus. 


Openlnir  of 
DoniiiiuUuu 
papers. 


Correction  of 
errors,  etc. 


Proceedings  in 
cities  when  no 
papers  are  filed. 


Ward  commit- 
tee limy 
nominate. 


Two  papers 
may  In-  tiled  in 
case  of  disagree 
meat,  etc. 


Section  9.  The  chairman  or  secretary  of  the  city  or 
town  committee  shall  endorse  upon  the  nomination  pa])crs 
the  time  at  which  they  are  tiled  with  him. 

All  nomination  })ai)ers  shall  l)e  sealed  up  and  filed  in 
the  oliice  of  the  secretary  of  the  city  or  town  committee 
not  less  than  ten  days  previous  to  the  day  on  which  the 
caucus  is  to  be  held  for  which  the  nominations  are  made. 
They  shall  not  be  opened  until  the  time  iixed  for  their 
announcement. 

Section  10.  At  the  expiration  of  the  time  named  at 
which  nomination  papers  are  to  be  tiled,  the  secretary  of 
the  city  or  town  committee  at  his  oliice  shall  cause  such 
pajiers  to  be  publicly  opened,  and  the  nominaticns  therein 
made  to  be  publicly  announced. 

Section  11.  In  case  of  any  error,  irreirularity  or  in- 
formality in  a  nomination  paper  which  has  been  duly  tiled 
with  the  secretary  of  the  city  or  town  committee,  he  may 
make  or  cause  to  ])e  made  any  changes  necessary  to  bring 
it  within  the  rerjuirements  hereinl)efore  mentioned.  In 
default  of  such  action  he  shall  immediately  notify  the  per- 
son tiling  the  nomination  paper,  of  such  error,  irregularity 
or  informality,  and  the  said  voter  may,  within  two  week 
days  of  the  time  at  which  })ublic  aimounccn.ent  was  made 
of  the  contents  of  nomination  papers,  make  or  cause  to 
be  made  the  change  necessary  to  correct  such  error,  irreg- 
ularity or  informality. 

Section  12.  In  a  city,  in  case  of  the  non-receipt,  as 
herein  specified,  ot"  nomination  papers  placing  persons  in 
nomination  for  all  the  positions  to  be  filled  at  the  ensuing 
caucus,  in  accordance  with  the  provisions  hereinbefore 
given,  the  secretary  of  the  city  committee  shall  forthwith 
notify  the  chairman  or  secretary  of  the  connnittee  of  any 
wai'd  from  which  the  rcHjuisitc  papers  have  not  been  filed. 
They  or  one  of  them  shall  forthwith  call  a  meeting  of  the 
said  committee,  who  may  nominate  candidates  for  any  and 
all  offices  for  which  nomination  jiapers  have  not  been  filed, 
and  in  case  they  make  a  nomination  they  shall  immediately 
thereafter  notify  th(^  secretary  of  the  city  connnittee  of  such 
action  by  filing  with  him  nomination  ])apers  similar  to  those 
hereinbefore  described,  signed  in  their  official  ca})acity,  by 
all  the  members  of  the  committee  who  assent  to  the  nomi- 
nations therein  made.  In  case  of  disagreement  two  sets 
of  such  nomination  jiapers  may  be  filed.  Said  })aper  shall 
have  the  same  force  aud  authority  as  those  containing  the 


Acts,  1895.  — Chap.  507.  631 

signatures  of  five  voters  of  the  ward,  and  shall  be  con- 
sidered and  treated  the  same  in  all  respects.  If  at  the 
expiration  of  two  week  days  after  the  time  at  which  nom- 
ination papers  were  opened  proper  nomination  papers  have 
not  been  tiled  for  all  the  positions  to  be  tilled,  or  in  case 
of  any  vacancy  caused  by  death  or  otherwise,  except  with- 
drawals, the  chairman  and  secretary  of  the  city  committee 
as  a  committee  may  exercise  the  nominating  powers  herein 
vested  in  a  ward  committee,  and  nomination  papers  filed 
b}'  them  shall  have  the  same  force  and  authority  as  other 
nomination  paper.s. 

Section  13.     In  a  town,  in  case  of  the  non-receipt,  as  Proceedings  in 

,.  •,•!/•  •        J  •  !•  •       towns  when  no 

herein  specihed  ot  nommation  papers  placing  persons  in  papers  are  med, 
nomination  for  all  the  positions  to  be  filled  at  the  ensuing  '^'°' 
caucus,  in  accordance  with  the  provisions  hereinbefore 
given,  or  in  case  of  a  vacancy  caused  l)y  death  or  other- 
wise, except  a  withdraw^al,  the  chairman  or  secretary  of 
the  town  committee  shall  forthwith  call  a  meeting  of  the 
said  committee,  who  shall  have  all  the  powers  relative  to 
the  nomination  of  candidates  hereinbefore  conferred  upon 
a  ward  committee,  a  city  committee,  and  the  chairman  and 
secretary  of  a  city  committee. 

Section  14.  If  any  person  whose  name  has  been  pre-  vacancy  caused 
sented  on  a  nomination  paper  shall,  within  two  week  da^'S  hovTauecir^'* ' 
of  the  published  announcement  thereof,  file  with  the  secre- 
tary of  the  city  or  town  committee  a  written  request  for 
the  withdrawal  of  his  name,  such  request  shall  be  complied 
with  and  the  secretary  of  the  city  or  town  committee  shall 
immediately  notify  the  person  filing  the  nomination  paper 
of  such  withdrawal  and  the  provisions  of  this  section  relat- 
ing thereto ;  and  the  said  person  may,  within  twenty-four 
hours  after  the  time  at  which  said  notice  was  sent  from  the 
secretary's  office,  present  a  new  name  on  a  paper  signed 
by  himself.  Said  new  pa[)er  shall  have  the  same  force  and 
authority  as  that  originally  presented.  In  case  of  the  non- 
recei|)t  of  a  new  paper,  as  herein  specitied,  the  chairman 
and  secretary  of  the  city  or  town  committee  may  till  the 
vacanc}^ 

Section  15.     Not  less  than  seven  week  days  prior  to  Papers  to  be 
the  day  upon  which  the  caucuses  are  to  be  held  the  secre-  oAowu  cier'jf. 
tary  of  each  city  or  town  committee  shall  place  in  the 
hands  of  the  city  or  town  clerk  the  nomination  papers 
filed  with  him  in  accordance  with  the  provisions  of  this 
act. 


632 


Acts,  1895.  —  CiiAr.  507 


Lost  day  find 
hour  for  liliiig. 


Citieo  and 
towns  to  pro- 
vide balloiH. 


No  others  to  be 
reccivi-d  or 
counted. 

Form  of 
ballot. 


Number  of 
buUolB.  how 
dctermiucd. 


Names  on 
ballot,  how 
arranged. 


May  be  grouped 
in  order  of 
filing,  etc. 


Street  and 
number  of 
residence  to  be 
printed. 

Certain  state- 
ment to  be 
printed. 


All  nomination  jiajiors  which  are  by  this  act  ro(|iiiicd  to 
be  tiled  with  the  city  or  town  clerk  shall  be  tiled  in  the 
office  of  the  city  or  town  clerk  before  five  o'clock  in  the 
afternoon  of  the  last  day  tixed  by  this  act  for  the  tiling 
thereof. 

Section  16.  The  city  or  town  shall  provide  and  the 
city  or  town  clerk  of  such  city  or  town  shall  prc{)arc  ballots 
to  be  used  in  caucuses,  and  such  ballots  shall  be  in  accord- 
ance with  the  provisions  of  this  act. 

No  other  ballots  shall  l)e  received  or  counted  in  a  caucus 
in  said  city  or  town  held  under  the  provisions  of  this  act. 

At  the  top  of  each  ballot  shall  be  printed  the  words 
"  The  official  ballot  of  (here  shall  follow  the  party  name 
of  the  committee)."  On  the  back  and  outside,  when 
folded,  of  each  ballot  shall  be  printed  the  words  "  Official 
ballot  of  the  (here  shall  be  inserted  the  party  name)  city 
[or  town]  committee  ",  followed  by  the  number  of  the  ward 
or  the  name  of  the  town  for  which  the  ballot  is  prepared, 
the  date  of  the  caucus  and  a  facsimile  of  the  siirnature  of 
the  secretary  of  the  party  which  has  caused  the  ballot  to 
l)e  prepared.  The  chairman  and  secretary  of  the  city  or 
town  committee  may  determine  the  number  of  ballots  to  be 
furnished  each  ward  or  town,  not  to  exceed  one  for  each 
retjistered  voter  in  said  Mard  or  town.  In  case  of  their 
faihire  to  do  so,  the  city  or  town  clerk  shall  determine  the 
number. 

Sf.ctiox  17.  Names  of  candidates  for  all  elective 
offices  shall  be  arranged  al})habetically  according  to  their 
surnames. 

Names  of  candidates  for  caucus  officers,  forward  or  town 
connnittees  and  for  delegates  to  conventions  may  be 
arranged  in  groups  in  the  order  in  which  they  are  filed, 
but  shall  be  arranged  alphabetically  according  to  their 
surnames  whenever  written  re(juest  therefor  is  made  to 
the  secretary  of  the  city  or  town  conmiittee  by  any  ward 
or  town  committee,  or  whenever  the  city  or  town  com- 
mittee shall  vote  so  to  do. 

Against  the  name  of  a  candidate  for  a  caucus  officer  for 
an  elective  office  or  a  ward  or  town  committee  shall  be 
printed  the  street  and  number,  if  any,  of  his  residence. 

Against  the  name  of  a  candidate  for  an  elective  office  or 
a  political  convention  shall  be  printed  the  statement  which 
is  contained  in  the  nomination  paper  placing  the  candidate 
in  nomination. 


tules  a  vote,  etc. 


Acts,  1895.  — Chap.  507.  633 

Sectiox  18.     No  names    shall  be  printed  on  a  ballot  Names  to  be 
other  than  those  which  have  been  duly  presented  on  nomi-  baiiot. 
nation  papers. 

Immediately  following:  the  names  of  candidates  blank  Blank  Bpaces  to 

„  ,     -  .  .  v  .    .  I'        ^  ^  J.      ^'^  provided. 

spaces  tor  the  insertion  in  writing  ot  other  names  equal  to 
the  numl)er  of  persons  to  be  chosen  shall  be  provided. 

Upon  the  ballot  shall  be  stated  the  number  of  persons  Baiiot  to  state 
to  be  voted  for  for  the  different  positions  to  be  filled.  votrd  foJ° 

A  star  (*)  ao'ainst  a  name  shall  indicate  that  a  person  is  Astanoindi- 

V      '      ~  .  ^  cate  a  candidate 

a  candidate  for  re-election.  for  reeiectioii. 

A  cross  (X)  marked  ao-ainst  a  name  shall  constitute  a  a  cross  consti- 
vote  for  the  person  so  designated ;  but  it  a  voter  marks  a 
cross  against  more  names  than  there  are  persons  to  be 
elected  to  an  office,  his  vote  for  that  office  shall  not  be 
counted.  The  form  of  ballots  and  the  arrangement  of 
printed  matter  thereon  shall  be  in  general  that  ol)served  in 
ballots  provided  by  the  state  at  elections,  except  as  herein 
otherwise  provided. 

Section  10.  The  city  or  town  clerk  of  the  city  or  town  Delivery  of 
shall  on  the  day  on  which  a  caucus  is  to  be  held,  before  pouingpiacej 
the  opening  of  the  polls,  deliver  at  the  polling  place  to 
the  warden  if  present,  or  if  not  present  then  to  the  clerk, 
if  both  warden  and  clerk  are  absent  then  to  any  inspector 
who  may  be  present,  the  sample  ballots,  together  w^ith  the 
ballots  hereinbefore  provided  for  and  the  voting  lists  re- 
quired by  law  to  he  used  in  caucuses.  The  city  or  town 
clerk  shall  also  prepare  at  the  expense  of  the  city  or  town 
and  deliver  at  the  time  and  place  aforesaid  suitable  lilank 
forms  and  apparatus  for  canvassing  and  counting  the  ballots 
and  making  the  returns  required  by  this  act,  a  seal  of  suita- 
ble device  for  each  i)olling  place,  and  a  record  book. 

It  shall  be  the  duty  of  the  presiding  officer  at  each  poll-  '^^l^l^l^^ 
ing  place,  at  or  prior  to  the  hour  of  opening  the  caucus,  baiiots  to  be 
to  cause  to  be  conspicuously  posted  or  placed  in  such  poll-    °^^  ' 
ing  place  not  less  than  six  facsimile  copies  of  the  ballots 
to  be  used  in  the  caucuses,  such  copies  to  be  printed  on 
tinted  paper.      They  shall  be  kept  so   posted  or  placed 
during  the  whole  time  that  balloting  is  in  progress. 

Sectiox  20.     The  order  of  business  in  caucuses  shall  bu^uieLl 
be  as  follows  :  — 

(1)  Any    necessary    preliminary    business   that   may 
properly  come  before  the  meeting  shall  first  be  transacted. 

(2)  Thereafter  balloting  shall  be  allowed  to  proceed 
uninterruptedly  until  half  past  eight  o'clock  in  the  even- 


634 


Acts,  1895.  — Chap.  507. 


Challen£:ing  of 
voieb,  etc. 


Not  to  give 
iulurmuiiuu. 


Counting  ot 

balloie,  elc. 


Clerk  to  make 
copy  of  record, 
iseal  up  balluln. 
etc. 


Paokagetobeen- 
dorsedaiidlrani?- 
mitlcd  tocily  or 
lowQ  clerk,  etc. 


ing,  Avlion  the  polls  shall  ho  closed  unless  the  caucus  shall 
vote  to  keep  them  open  until  a  later  hour. 

(3)  At  the  conclusion  of  the  balloting,  any  other  busi- 
ness properly  before  the  caucus  shall  be  in  order. 

Section  21.  If  at  any  caucus  held  under  the  provi- 
sions of  this  act  the  right  of  a  person  otieiing  to  vote  is 
challenged  for  any  cause  recognized  by  law,  the  presiding 
officer  shall  require  the  name  and  residence  of  the  person 
so  oft'ering  to  vote  to  be  written  by  himself,  or  by  some 
one  in  his  behalf,  on  the  outside  of  the  ballot  so  olfered, 
and  the  presiding  officer  siiall  add  thereto  the  name  of  the 
person  so  challenging  and  the  assigned  cause  for  which 
the  challenge  is  made,  before  such  l)allot  is  received ;  but 
nothing  in  this  section  shall  be  construed  as  permitting 
officers  in  the  caucus  to  receive  any  ballot  which  by  law 
they  are  required  to  refuse. 

No  officer,  otherwise  than  as  above-required  or  per- 
mitted, and  no  person  other  than  an  officer  of  the  caucus, 
shall  make  any  statement  or  give  any  information  in  re- 
gard to  a  ballot  cast  by  a  voter  so  challenged  at  any  such 
caucus,  except  as  required  by  law. 

Section  22.  Immediately  after  the  polls  are  declared 
closed,  but  not  before,  the  ballots  shall  be  counted  in  full 
view  of  the  voters.  When  the  total  result  and  counting 
of  ballots  has  been  ascertained  the  })residiiig  oflicer  shall 
make  })ublic  announcement  thereof  in  open  meeting,  and 
shall,  in  open  meeting,  cause  the  clerk  of  the  caucus 
to  enter  in  words  at  length  in  the  record  book,  pro- 
vided for  his  use  by  the  city  or  town  clerk,  the  total 
number  of  names  checked  on  the  voting  list,  the  total 
numl)er  of  ballots  cast,  the  names  of  all  })ersons  voted  for, 
the  numl)er  of  votes  received  for  each  person,  and  the  title 
of  the  delegation  or  office  for  which  he  was  proposed. 
Each  clerk  of  a  caucus  shall  forthwith  make  a  copy  of  the 
record  so  made  by  him,  certify  and  seal  the  same,  and 
transmit  the  same  with  the  record  book  to  the  city  or  town 
clerk,  as  hereinafter  provided.  The  clerk  shall  then,  in 
the  presence  of  those  who  are  responsible  for  the  count 
and  l)efore  the  adjournment  of  the  caucus,  seal  up  all  bal- 
lots which  have  been  cast,  together  with  the  check  lists 
used  in  the  caucus  and  a  statement  regarding  any  chal- 
lenge which  has  been  made. 

The  warden  and  clerk  of  the  caucus  shall  endorse  U]>on 
such  package  the  name  of  the  political  party  holding  the 


Acts,  1895.  — Chap.  507.  635 

caucus,  for  what  delegations  and  candidatures  and  in  what 
ward  the  ballots  were  cast,  and  the  date  of  the  caucus. 
The  warden  shall  forthwith  transmit  to  the  city  or  town 
clerk,  by  the  police  officer  or  by  some  other  legal  officer 
stationed  l)y  said  cleric  in  attenilance  at  the  caucus,  all  the 
ballots  cast  and  the  voting  lists,  the  copy  of  the  records, 
sealed  as  aforesaid,  together  with  the  record  book  of  the 
clerk.  The  city  or  town  clerk  shall  safely  keep  such 
sealed  packages  for  not  less  than  three  months,  and 
shall  produce  the  same  if  called  for  by  any  court,  jus- 
tice, tribunal  or  convention  having  jurisdiction  of  the 
same. 

I^ECTiON  23.  If,  within  the  twenty-four  hours  next  sac-  Recount  of 
ceeding  the  day  of  any  caucus  held  under  the  provisions  ^^'^"'■*'"=- 
of  this  act,  ten  or  more  qualified  voters  of  any  ward  or 
town  shall  file  with  the  city  or  town  clerk  a  statement  that 
they  have  reason  to  believe  that  the  records  and  returns 
made  by  the  caucus  officers  of  such  ward  or  town  are 
erroneous,  and  shall  specify  wherein  they  deem  them  in 
error,  in  the  city  of  Boston  the  city  clerk  shall  forthwith 
transmit  such  statement  to  the  ballot  law  commission  hav- 
ing jurisdiction  in  the  premises,  and  in  other  cities  and 
towns  to  the  registrars  of  voters,  together  with  the  sealed 
package  or  packages  containing  all  the  ballots  cast  and 
voting  lists  used  at  such  caucus,  and  said  ballot  law  com- 
mission or  registrars  of  voters,  as  the  case  may  be,  shall 
within  two  days  next  succeeding  the  day  of  such  caucus 
open  said  package  or  packages  and  recount  said  ballots 
and  determine  the  questions  raised,  and  such  recount  shall 
stand  as  the  true  result  of  the  vote  cast  in  such  caucus. 
And  each  candidate  interested  may  appear  and  be  present 
during  such  recount,  either  in  person  or  by  an  agent 
appointed  by  him  in  writing. 

Section  24.     In  any  city  or  town  after  the  passaire  of  c^'iins  of 

.   .  .  J  J  in  caucuses  for 

this  act  the  city  or  town  comnnttee  of  any  political  party  purpose  of 
shall,  at  the  written  request  of  fifty  voters,  members  of  uon of  adolnion. 
said  party,  call  a  caucus  or  caucuses  of  said  party  for  the 
purpose  of  voting  upon  the  question  whether  the  provi- 
sions of  this  act  shall  be  adopted  by  said  political  party  in 
said  city  or  town.  The  notice  of  said  caucus  or  caucuses 
shall  state  the  day,  the  place  and  the  hour,  not  earlier 
than  six  o'clock  in  the  evening  and  not  later  than  half  past 
seven  o'clock  in  the  evening,  of  holding  said  caucus  or 
caucuses,  and  shall  be  issued  at  least  seven  days  prior  to 


636  Acts,  1895.  — Chap.  507. 

the  (lay  named  for  said  caucus  or  caucuses,  and  sliall  be 
l)ul)lished  not  less  than  twice  in  one  or  more  local  news- 
papers, if  there  are  any  such  newspapers  in  such  cities  or 
towns,  and  shall  be  posted  in  at  least  five  pul)lic  places  in 
Ballot  to  be  eacli  Ward  or  town.  The  sense  of  said  caucus  or  caucuses 
shall  be  taken  by  ballot  and  the  polls  shall  be  kept  open  at 
least  one  hour.  If  said  political  party  shall  by  a  majority 
of  the  votes  cast  at  said  caucus  or  caucuses  vote  to  adopt 
the  provisions  of  this  act,  nomination  papers,  ballots  and 
other  apparatus  required  for  caucuses  so  held  shall  be  pro- 
vided for  said  party  at  the  expense  of  the  city  or  town, 
and  all  caucuses  of  said  political  party  in  said  city  or  town 
shall  thereafter  be  conducted  according  to  the  provisions 
of  this  act. 
'ufrevokTcT,  eic!  ^ECTioN  25.  A  poHtical  party  of  a  city  or  town  which 
has  so  accepted  the  provisions  of  this  act  may  however  at 
any  other  caucus  or  caucuses  called  for  the  purpose,  upon 
notices  given  as  aforesaid,  held  not  less  than  one  year 
after  the  date  of  the  caucus  or  caucuses  whereat  said  ac- 
ceptance is  voted,  revoke  such  action  by  the  affirmative 
vote  of  a  majority  of  the  voters  entitled  to  vote  in  such 
caucus  or  caucuses  present  and  voting  by  ballot  thereon. 
The  polls  at  said  caucus  or  caucuses  shall  be  kept  open  at 
fcuon''io°be  Icast  ouc  liour.  AVhenever  a  political  party  in  a  city  or 
*!'««*•  town  shall  vote  to  accej)t  the  provisions  of  this  act  or  to 

revoke  such  acceptance  the  secretary  of  the  city  or  town 
committee  of  such  ])olitical  party  shall,  within  ten  da3's  of 
such  action,  file  with  the  secretary  of  the  Commonwealth 
and  with  the  clerk  of  the  city  or  town  and  the  secretary 
of  the  state  committee  of  the  political  party  so  voting  a 
notice  of  such  action. 
erection°!!lnu7'  Sectiox  26.  lu  sucli  city  or  town  in  each  year  at  the 
^''=-  caucus  held  in  a  ward  or  town  for  the  choice  of  delegates 

to  the  state  convention  there  shall  be  chosen  one  warden, 
one  clerk  and  at  least  fi\e  inspectors,  and  such  additional 
inspectors  in  wards  having  more  than  five  precincts  as  the 
city  connnittee  of  the  political  party  whose  caucuses  are 
to  be  held  may  each  year  determine.  They  shall  be  quali- 
fied voters  of  the  ward  or  town  in  which  they  are  elected 
and  members  of  the  political  party  whose  caucus  is  to  be 
held.  Every  caucus  ofliccr  so  elected  shall  hold  office  for 
the  term  of  one  year,  beginning  with  the  first  day  of 
October  succeeding  his  election  and  until  his  successor 
is  elected. 


Acts,  1895.  — Chap.  507.  637 

Sectiox  27.  The  respective  duties  of  caucus  oflScers  Duties. 
shall  be  in  general  the  same  as  those  required  of  election 
officers  at  elections,  as  provided  in  chapter  four  hundred 
and  seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-tlirce  and  all  acts  in  amendment  thereof.  They 
shall,  for  the  performance  of  their  respective  duties,  at- 
tend in  their  respective  wards  or  towns  at  the  times  and 
places  duly  designated  for  ciiucuses. 

Section  28.  If  at  any  caucus  a  majority  of  the  caucus  Additional 
officers  shnll  so  vote,  additional  officers,  to  serve  in  that 
caucus  only,  may  be  elected  by  a  majority  vote  of  the 
caucus  officers  present  and  voting  thereat,  and  in  case  of 
the  absence  of  any  caucus  officer  the  vacanc}^  thus  occur- 
ring shall  be  tilled  in  the  same  manner. 

In  case  of  a  vacancy  in  the  number  of  caucus  officers  by  vacancy  to  be 
death,  declination  of  election,  resignation,  removal  from  ing  officere,  etc. 
the  city  or  town,  or  otherwise,  the  vacancy  shall  be  filled 
by  a  majority  vote  of  all  the  remaining  caucus  officers. 
A  removal  from  the  ward  or  town  during  the  year  for 
which  an  officer  was  elected  shall  not  disqualify  him  from 
serving  in  the  caucus  of  the  ward  or  town  wherein  he  was 
elected. 

No  person  shall  be  eligible  to  the  position  of  warden  or  certain  persons 
clerk  who  is  a  member  of  a  ward  or  town  committee,  and  °°'^^^ 
no  person  shall  serve  as  a  caucus  officer  at  any  caucus 
wherein  he  is  a  candidate  for  an  elective  office  or  for  a 
nomination  to  an  elective  office,  or  candidate  for  ward  or 
town  committee. 

Section  29.     A  city  or  town  committee  of  a  political  ^^^^er" to  serve* 
party  which  shall  adopt  the  provisions  of  this  act  shall,  at  arst  caucus. 
not  less  than  ten  days  prior  to  holding  any  caucus  under 
its  provisions,  appoint  such  caucus  officers  as  are  herein- 
before provided  for  in  each  ward  or  town  to  serve  at  the 
first  caucus  to  be  held  after  the  adoption  of  this  act. 

Sectiox  30.     In  the  case  of  a  newly  incorporated  city,  inanewiy 

■  1  p  !•••  c  -i'-j^i  1  incorporated 

or  m  the  case  ot  a  re-divis]on  ot  a  city  into  wards,  where  city  or  a  re- 
a  political  party  has  adopted  the  provisions  of  this  act,  at  wards."'"'*' 
the  first  caucus  held  in  the  next  succeeding  year,  the  caucus 
officers  to  serve  in  such  caucuses  shall  be  appointed  by  the 
city  committee,  and  at  the  aforesaid  caucuses  the  regular 
caucus  officers  shall  be  chosen,  as  hereinbefore  provided. 

Section  31.     All  caucuses  held  under  the  provisions  isqs,  4i7,  etc., 
of  this  act,  except  as  is  herein  otherwise  provided,  shall  ""pp^" 
be  held  in  general  accordance  with  the  provisions  relative 


638  Acts,  1895.  — Chap.  508. 

to  the  conduct  of  elections  and  the  manner  of  votinir  at 
elections  contained  in  chapter  four  hundred  and  seventeen 
of  the  acts  of  the  j'ear  eighteen  hundred  and  ninety-three 
and  acts  in  amendment  thereof. 

Penalties.  SECTION  32.     The  pcnaUics  imposed  by  law  u})on  offi- 

cers and  voters  who  violate  the  ])r()visions  of  acts  regulat- 
ing state  elections  are  herc])y  imposed  upon  officers  and 
voters  who  violate  the  provisions  of  this  act.  The  su- 
preme judicial  court  and  the  superior  court  shall  have 
full  power  at  law  or  in  equity  to  enforce  the  provisions 
of  this  act. 

Repeal-  Section  33.     All  acts  or  parts  of  acts  inconsistent  here- 

with are  hereby  repealed.  Approved  Jane  5,  1893. 


Chap.DOS 


Ax  Act  kelative  to  keplacixg  defective  ballot  boxes. 
Be  it  enacted,  etc.,  as  follows: 


Defective  ballot       Section  1.     Whenever  a  statc  ballot  box  becomes  de- 
boxes  may  ue  ^i  wa.iv^  .      1  ^,  1    1         1      11 

replaced.  fcctivc,  the  Secretary  ot  the  Commonwealth  shall,  ui)on 

application  by  the  clerk  of  the  city  or  town  in  which  such 
box  is  used,  furnish  another  baUot  box  in  the  place  of  such 
defective  box,  at  the  expense  of  such  city  or  town. 

Examination  of  Section  2.  Au  examination  of  l)allot  boxes  of  differ- 
ent i^atterns  shall  be  made  by  the  secretary  of  the  Common- 
wealth, the  treasurer  and  receiver  general  and  the  state 
auditor,  as  soon  after  the  passage  of  this  act  as  may  be, 
under  such  conditions  and  after  such  public  notice  as  they 
shall  determine,  and  they  shall  cei-tity  their  approval  of 
such  ballot  boxes  as  shall  ftilly  comply  Vv'ith  the  require- 
ments of  section  one  hundred  and  twenty-three  of  chajjter 
four  hundred  and  seventeen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  and  no  other  ballot  box  shall 
hereafter  be  provided  by  the  secretary  of  the  (\)mmon- 
w^ealth  to  replace  defective  ballot  boxes  under  the  j)ro- 
visions  of  this  act. 

PerBonPof  SECTION  3,     Whenever  state  ballot  boxes  are  purchased 

■whom  boxes  are  ,.1  1     i     ii    j.    i 

purchased  to  aud  approvcd,  the  persons  ot  whom  such  ballot  boxes  are 
purchased  shall  give  to  the  secretary  of  the  Commonwealth 
a  bond,  with  good  and  sufficient  sureties,  to  keep  such 
boxes  in  good  working  order  for  two  years,  at  their  own 
expense. 

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

Approved  June  5,  1895. 


give  bead. 


Acts,  1805.  — Chap.  509.  G39 


An  Act  in  fuktiier  addition  to  the  several  acts  making  (7/^^^9.509 
ari'rorriatioxs  for  expenses  authorized  the  present  year 
and  for  certain  other  expenses  authorized  by  law. 

Be  it  enacted^  etc.,  as  follows: 

Sectiox  1.     The  sums  hereinafter  mcntionec]  are  appro-  Appropriations. 
priatecl,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  purposes  specified 
in  certain  acts  and  resolves  of  the  present  year,  and  for 
certain  other  expenses  authorized  by  law,  to  wit :  — 

For  the  salaries  and  expenses  of  the  three  additional  ^^spelrtio^i"''"®' 
meml)ers  to  the  inspection  department  of  the  district  police,  depanment. 
as  authorized  by  section  eight  of  chapter  four  hundred  and 
eiiihteen  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing thirt3'-tive  hundred  dollars. 

For  the  salaries  of  assistant  district  attorneys,  as  author-  Assistant  dis- 
ized  by  chapter  four  hundred  and  twenty-four  of  the  acts  "^'^  ''  oineys- 
of  the  present  year,  which  provides  that  the  salaries  of 
assistant  district  attorneys  shall  be  paid  out  of  the  treasury 
of  the  Commonwealth,  a  sum  not  exceeding  four  thousand 
dollars. 

For  the  publication  of  a  new  edition  of  contested  elec-  Contested 
tion  cases,  as  authorized  by  chapter  thirty-six  of  the  re- 
solves of  the  year  eighteen  hundred  and  eighty-six,  a  sum 
not  exceeding  two  hundred  dollars. 

For  the  salary  and  expenses  of  such  agents  as  the  trus-  Lyman  and 
tees  of  the  Lyman  and  industrial  schools  may  appoint,  as  Bchoouragents. 
authorized  l)y  chapter  four  hundred  and  twenty-eight  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars. 

For  salaries  and  expenses   in  the  de])artment  of   the  Department  of 
indoor  poor,  a  sum  not  exceeding  two  thousand  dollars,  i^'^o'"' i'""''- 
the  same  to  be  in  addition  to  the  forty-five  thousand  dol- 
lars provided  by  chapter  fifty-two  of  the  acts  of  the  present 
year. 

For  the  care  and  maintenance  of  indii^ent  and  neirlected  I'ldjeentand 
children  and  juvenile  onenders,  a  sum  not  exceeding  five  children, etc. 
thousand  dollars,  the  same  to  be  in  addition  to  the  sixty 
thousand  dollars  appro[)riated  by  chapter  fifty-two  of  the 
acts  of  the  present  year. 

For  the  tenniorary  aid  of  state  paupers  and  shipwrecked  state  paupers 

,  .    i  ',  />i  1  •  """  ship- 

seamen  by  cities  and  towns  tor  the  present  and  previous  wrecked  eea- 
years,  a  sum  not  exceeding  ten  thousand  dollars,  the  same  ™^°' 
to  be  in  additiou  to  the  thirty  thousand  dollars  appro- 


640 


Acts,  189.";.  —  Chap.  509. 


Clerical  assist- 
ance. 


Boundary  line 
between  Maswa- 
chusettB  and 
New  Hamp- 
sbire. 


William  8. 
Shurtleff. 


Sewage  dis- 
])osal,  etc.,  iQ 
tSiilem  and 
I'oabody. 


Normal  scliool 
at  Lowell. 


Clerical  assist- 
ance. 


Clerical  asBiat- 
auce,  etc. 


Gas  and  electric 
lii^ht  comuiis- 
siouerd. 


printed  by  chapter  fifty-two  of  the  acts  of  the  present 
year. 

For  clerical  assistance  in  the  office  of  the  commissioners 
of  i)ris()ns,  as  authorized  by  chapter  four  hundred  and 
thirty-  one  of  the  acts  of  the  ])ieseiit  year,  a  sum  not 
e\cec(biiir  three  hun<hxMl  dollars,  the  aame  to  be  in  addi- 
tion to  the  twenty-tive  hundred  dollars  appropriated  by 
chapter  tifty  of  the  acts  of  the  i)resent  year. 

For  expenses  in  connection  with  the  settlement  of  the 
boundary  line  between  the  Commonwealth  of  JMassachu- 
setts  and  the  state  of  New  IIam])shire,  as  authorized  by 
chapter  one  hundred  and  six  of  the  resolves  of  the  pres- 
ent year,  a  sum  not  exceeding  live  thousand  dollars. 

For  William  S.  Shurtleff,  as  authorized  by  chapter  one 
hundred  and  eleven  of  the  resolves  of  the  present  year, 
the  sum  of  one  hundred  dollars. 

For  expenses  in  connection  with  the  scwaae  disposal 
and  drainage  in  Salem  and  Peabod}',  to  be  expended 
under  the  direction  of  tho  state  board  of  health,  as  author- 
ized l)y  chapter  one  hundred  and  twelve  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  three  thousand 
dollars. 

For  the  construction  of  the  new  state  normal  school 
in  the  city  of  Lowell,  as  authorized  by  chapter  four  hun- 
dred and  tifty-four  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  twenty-live  thousand  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  authorized  to  be 
expended  for  that  purpose. 

For  clerical  assistance  for  the  register  of  ])robate  and 
insolvency  for  the  county  of  INliddlesex,  as  authorized  by 
chapter  four  hundred  and  fifty-nine  of  the  acts  of  the 
j)resent  year,  a  sum  not  exceeding  fifteen  hundred  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  same  puqiose. 

For  the  com[)ensati()n  and  expenses  of  the  clerk  and  for 
clerical  assistance  in  the  office  of  the  gas  and  electric  light 
commissioners,  as  authorized  by  chapter  four  hundred  and 
sixty-three  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be  in  addition 
to  the  twenty-five  hundred  dollars  appropriated  by  chap- 
ter fifty  of  the  acts  of  the  present  year. 

For  travelling  and  incidental  expenses  of  the  gas  and 
electric  light  commissioners,  as  authorized  by  cha])ter  four 
hundred  and  sixty-three  of  the  acts  of  the  present  year,  a 


Acts,  1895.  — Chap.  509.  641 

sum  not  exceeding  one  thousand  dollars,  the  same  to  be 
in  addition  to  the  two  thousand  dollars  appropriated  by 
chapter  thirteen  of  the  acts  of  the  present  year. 

For  such  additional  clerical  assistance  as  the  adjutant  Additional  cieri- 
general  may  deem  necessary  and  for  compensation  of 
employees  at  the  state  arsenal,  as  authorized  by  chapter 
four  hundred  and  sixty-five  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  three  hundred  dollars,  the  same 
to  be  in  addition  to  the  six  thousand  dollars  appropriated 
by  chapter  fifty  of  the  acts  of  the  present  year. 

For  expenses  in  connection  with  the  dedication  of  the  Dedication  of 
national  military  park  on  the  battlefields  of  Chickamauga  mmt"ry  park. 
and  Chattanooga,  as  authorized  by  chapter  one  hundred 
and  fourteen  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  ten  thousand  dollars. 

For  James   N.  Tolman,  as  authorized  by  chapter  one  James n. 
hundred  and  fifteen  of  the  resolves  of  the  present  yeai", 
the  sum  of  eleven  hundred  dollars. 

For  the  widow  of  Henry  Y.  Simpson,  as  authorized  by  widow  of 
chapter  one  hundred  and  seventeen  of  the  resolves  of  the  simpLn." 
present  year,  the  sum  of  eight  hundred  and  forty  dollars. 

For  the  widow  of  Joseph  L.  Shipley,  as  authorized  by  widow  of 
chapter  one  hundred  and  seventeen  of  the  resolves  of  the  shipLy.  ' 
present  year,  the  sum  of  nine  hundred  and  fifty  dollars. 

For  expenses  of  the  board  of  Old  Colony  commission-  o^'^^'Jf.^y^ 
ers,  as  authorized  by  chapter  four  hundred  and  seventy-tw  o 
of  the  acts  of  the  present  year,  a  sum  not  exceeding  five 
hundred  dollars. 

For  the  establishment  of  textile  schools,  as  provided  Textile  schools. 
for  by  chapter  four  hundred  and  seventy-five  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  one   hundred 
thousand  dollars. 

For  furnishing  the  armory  now  in  process  of  erection  l^''"*"'^?^ 
in  the  city  of  Springfield,  as  authorized  by  chapter  one 
hundred  and  eighteen  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  twenty-five  hundred  dollars. 

For   compensation  of  inspectors  of  animals  and   pro-  inspectors  of 

..  'ii/;'!!;  i>  1  111    animals  and 

Visions,  as    provided   tor  by  chapter   four   hundred   and  provisions. 
seventy-six  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  dollars. 

For    the   daughter   of  the  late    Frank   S.   Bennett,   as  Daughter  of 
authorized  by  chapter  one  hundred  and  nineteen  of  the  Bennett.' 
resolves  of  the  present  year,  the  sum  of  eight  hundred 
and  twenty  dollars. 


commissioners. 


642 


Acts,  1895.  — Chap.  509. 


Widow  of 
Gilbert  Cooke. 


Indexing  of  war 
records,  etc. 


Martin  Wesson. 


Inspection  of 

domestic 

animals. 


International 
exposition  at 
Atlanta, 
Georgia. 


Certain  veterans 
of  town  of 
Sloneham. 


Certain  veterans 
of  town  of  Kast 
Bridgewater. 


Certain  veterans 
of  town  of 
Scituate. 


Certain  veterans 
of  town  of  North 
Bridgewater. 


Fish  hatching 
station  at 
Plvmoulh, 
N.H. 


For  the  widow  of  Gilbert  Cooke,  as  authorized  by  chap- 
ter one  hundred  and  twenty  of  the  resolves  of  the  present 
year,  the  sum  of  seven  hundred  and  fifty  dollars. 

For  completing  the  index  of  the  war  records  and  pre- 
paring a  new  draft  of  the  record  book  in  the  office  of  the 
adjutant  general,  as  authorized  by  chapter  one  hundred 
and  twenty-one  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifteen  hundred  dollars. 

For  Martin  Wesson,  as  authorized  by  chapter  one  hun- 
dred and  twenty-two  of  the  resolves  of  the  present  year, 
the  sum  of  two  thousand  eighty-eight  dollars  and  five  cents. 
For  expenses  in  connection  with  the  inspection  of 
domestic  animals,  as  authorized  by  chapter  four  hundred 
and  ninety-six  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  one  hundred  thousand  dollars. 

For  expenses  in  connection  with  the  particij)ation  of  the 
Commonwealth  in  the  cotton  states  and  international  expo- 
sition, to  be  held  in  Atlanta  in  the  state  of  Georgia,  as 
authorized  by  chapter  one  hundred  and  thirteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
five  thousand  dollars. 

For  certain  veterans  of  the  town  of  Stoneham,  as  author- 
ized by  chapter  one  hundred  and  twenty-three  of  the  re- 
solves of  the  present  year,  the  sum  of  forty-eight  hundred 
and  seventy-five  dollars. 

For  certain  veterans  of  the  town  of  East  Bridgewater,  as 
authorized  by  chapter  one  hundred  and  twenty-four  of  the 
resolves  of  the  present  year,  the  sum  of  five  hundred  dollars. 
For  certain  veterans  of  the  town  of  Scituate,  as  author- 
ized by  chapter  one  hundred  and  twenty-five  of  the 
resolves  of  the  present  year,  the  sum  of  sixty-five  hun- 
dred seventy-two  dollars  and  sixteen  cents. 

For  certain  veterans  of  the  town  of  Korth  Bridgewater, 
now  the  city  of  Brockton,  as  authorized  by  chapter  one 
hundred  and  twenty-six  of  the  resolves  of  the  present 
year,  the  sum  of  two  hundred  dollars. 

For  expenses  in  connection  with  the  fish  hatching  sta- 
tion at  Plymouth  in  the  state  of  Kew  Hampshire,  now 
used  and  managed  l)y  said  state  and  this  Commonwealth 
in  common,  as  authorized  by  chapter  one  hundred  and 
twenty-seven  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  two  thousand  dollars. 

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

Approved  June  o,  1895. 


Resolves,  1895.  —  Chaps.  1,  2,  3.  643 


RESOLVES. 


Resolve   relative  to   the  publication  of  the  bulletin  op  (7^ar>.  1 

COMMITTEE   HE  AKIN  GS. 

Resolved,  That   all   bills    contracted    undei-   the    order  B.iiietinof  com- 
authorizing   the  joint    committee  on  rules  to  publish  a  etc. 
bulletin  of  committee  hearings  and  matters  before  commit- 
tees shall  be  paid  on  approval  of  the  sergeant-at-arms. 

Approved  January  30,  1895. 

Resolve  relative  to  printing  additional  copies  of  the  re-  (Jfidry,  2 

PORT  of   the    state   BOARD   OF    HEALTH   UPON   THE   SUBJECT   OF 
A  METROPOLITAN  WATER  SUPPLY. 

Resolved,  That  there  be  printed  and  bound  in  cloth  five  Report  on 
thousand  additional  copies  of  the  report  of  the  state  board  water  supply. 
of  health   relative   to  a    metropolitan  water   supply,   as 
authorized  by  chapter  four  hundred  and  fifty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-three. 

Aj)proved  February  8,  1895. 

Resolve  relatuve  to  the  publication  of  the  historical  ad-  (JJiqj)^  3 

DRESS  DEUVERED  IN  THE  HOUSE  OF  REPRESENTATIVES  BY  ALFRED 
S.  ROE  OF  WORCESTER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Historical 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  lifrld^s.  Roe. 
thousand  dollars,  to  meet  the  expense  of  publishing  the 
historical  address  delivered  in  the  house  of  representatives 
by  Alfred  S.  Roe  of  Worcester,  on  the  second  day  of 
January  in  the  present  year.  Said  address  shall  be  printed 
under  the  direction  of  the  secretary  of  the  Commonwealth, 
who  shall  cause  to  be  inserted  in  the  same  volume  with 
said  address,  portraits  of  the  governor  and  lieutenant  gov- 
ernor of  the  Commonwealth,  also  those  of  the  governor  and 
lieutenant  governor  in  the  year  seventeen  hundred  and 
ninety-eight;  speakers  Edward  H.  Robbins,  Robert  C. 
Winthrop,  Nathaniel  P.  Banks  and  George  v.  L.  Meyer ; 


644 


Resolves,  1895.  —  Chap.  4. 


Distribution. 


clerks  Henry  Warren,  Luther  S.  Crushing,  AYilliam  S. 
Kobinson  and  Edward  A.  McLaughlin  ;  messenger  Jacob 
Kuhn ;  sergeants-at-arms  Benjamin  Stevens,  John  Mor- 
rissey,  Oreb  F.  Mitchell  and  John  G.  B.  Adams;  com- 
missioners Charles  Bulfinch  and  Thomas  Dawes,  under 
whose  direction,  with  speaker  liobbins,  the  old  structure 
was  erected ;  also  two  views  of  the  old  representatives' 
chaml)er  and  two  views  of  the  present  representatives' 
chamber ;  also  a  list  of  the  names  of  the  meml)ers  of  the 
executive  council  and  its  clerk,  and  of  the  senate  and 
house  of  representatives  and  their  respective  clerks  for 
the  year  eighteen  hundred  and  ninety-five.  There  shall 
be  printed  a  sufBcient  number  of  copies  thereof  to  be  dis- 
tributed as  follows  :  —  To  the  governor,  lieutenant  gov- 
ernor, members  of  the  executive  council,  the  secretary, 
treasurer,  auditor,  and  attorney-general  of  the  Common- 
wealth, and  the  secretaries  and  messengers  of  the  executive 
department,  each  one  copy.  To  each  member  and  ofiicer 
of  the  general  court  for  the  year  eighteen  hundred  and 
ninety-five,  twelve  copies.  To  each  messenger  and  page 
of  the  general  court,  one  copy.  To  each  reporter  regularly 
assigned  a  seat  in  the  reporters'  gallery,  one  copy.  To 
the  author  of  the  address,  twenty  co})ies.  To  each  senator 
and  representative  from  the  Commonwealth  in  the  con- 
gress of  the  United  States,  one  cojw.  To  the  state 
library,  twenty  copies.  To  each  free  public  library  in  the 
Commonwealth,  one  cop3^  To  each  city  and  town  of  the 
Commonwealth  in  which  there  is  no  free  public  library, 
one  copy.  To  such  historical  societies  in  the  Common- 
wealth as  may  be  designated  by  the  secretary  of  the  Com- 
monwealth, each  one  copy.  To  each  state  and  territory 
in  the  United  States,  one  copy.  To  the  secretary  of  the 
Commonw^ealth  for  distribution  at  his  discretion,  two 
hundred  copies.  Approved  February  5,  1895. 


Chap.  4 


Time  extended, 
etc. 


Resolve  extending  the  time  for  the  repout  of  the  state 
board  of  health  upon  the   subject  of  a   metropolitan 

water  supply   and   providing   for    the    CONTINUANCE  OF  THE 
INVESTIGATION   RELATIVE  THERETO. 

Resolved,  That  the  time  allowed  for  the  filing  of  the 
report  of  the  state  board  of  health,  required  by  chapter 
four  hundred  and  fifty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  relative  to  procuring  a  water 


Resolves,  1895.  —  Chaps.  5,  6,  7.  645 

supply  for  the  city  of  Boston  and  its  suburbs,  is  hereby 
extended  until  the  first  Wednesday  in  February  in  the 
present  year ;  and  that  there  be  allowed  and  paid  out  of 
the  treasury  of  the  Commonwealth  a  sum  not  exceeding 
two  thousand  live  hundred  dollars,  to  be  expended  under 
the  direction  of  the  said  board  in  continuing  and  complet- 
ing the  investigations,  plans  and  report  relative  thereto, 
said  amount  being  in  addition  to  the  forty  thousand  dollars 
provided  for  in  said  act,  and  to  be  reimbursed  to  the  Com- 
monwealth in  the  manner  therein  provided. 

Approved  February  12,  1895. 


Resolve  to  confirm  the  acts  of  jonx  s.  gile  as  a  xotaky  public  ni^f^rf.    7^ 

Resolved,  That  all  the  acts  done  by  John  S.  Gile  as  a  no-  john  s.  one, 
tary  public,  between  the  fourteenth  day  of  July  in  the  year  acts^confirm'ed. 
eighteen  hundred  and  ninety-three  and  the  first  day  of 
November  in  the  year  eighteen  hundred  and  ninety-four, 
inclusive,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  though  he  had  been  during  that  time  qualified  to 
discharge  the  duties  of  said  ofiice. 

Approved  February  12,  1895. 


Resolve  to  provide  for  the  paymext  of  certain  repairs  at  (JJidj),  6 

THE   state   primary   SCHOOL  AT   MONSOX. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Primary  school 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four 
thousand  six  hundred  and  fifteen  dollars,  to  be  expended 
at  the  state  primary  school  at  jVIonson  under  the  direction 
of  the  trustees  thereof,  for  the  payment  of  indebtedness 
incurred  in  building  a  new  barn  and  cow  shed  at  said 
institution.  Approved  February  12,  1895. 


Resolve  in  favor  of  lemuel  burr.  Ohnn    T 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lemuel  Burr. 
treasury  of  the  Commonwealth  to  Lemuel  Burr  of  Cam- 
bridge, the  sum  of  one  hundred  and  fifty  dollars,  in  con- 
sideration of  his  care  of  his  late  mother  and  aunt,  who 
were  members  of  the  Ponkapoag  tribe  of  Indians  and 
were  formerly  beneficiaries  of  the  Commonwealth. 

Approved  February  12,  1895. 


Barbour. 


646  Resolves,  1895.  — Chaps.  8,  9,  10,  11. 


ChttV-  8  Resolve  in  favor  of  lavixia  d.  barbour. 

LaviuiaD.  ResoIvcd,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Laviuia  D.  Barbour, 
widow  of  James  K.  13arl)0ur  who  was  injured  while  de- 
fending property  at  the  Cooper  street  riot,  and  who  at  the 
time  of  his  decease  was  in  receipt  of  an  annuity  from  the 
Commonwealth,  an  annuity  of  two  hundred  dollars,  to  be 
paid  to  said  widow  during  the  term  of  her  natural  life. 

Approved  February  12,  1895. 


CJlClV'  9  Resolve  in  favor  of  PATiacK  s.  ward. 

Patricks.  J^esolved,  That  there  be  allowed  and   paid  out  of  the 

treasury  of  the  Commonwealth  to  Patrick  8.  Ward  of 
Chelmsford  the  sum  of  thirty-live  dollars,  in  full  compen- 
sation for  injuries  received  at  the  muster  at  8outh  Fra- 
mingham  in  the  month  of  June  in  the  year  eighteen 
hundred  and  ninety-four  and  the  consequent  loss  of  time 
and  expenses  incurred  for  medical  attendance. 

Approved  February  15,  1895. 


CkttV.   10  Resolve   authorizixg   the   treasurer   to    borrow  money  in 

anticipation  of  revenue. 

woTmoneJ        Besolvecl,  That  the  treasurer  and  receiver  general  be 
in  anticipation    ^ud  he  is  here])V  authorized  to  borrow,  in  anticipation  of 

of  revenue.  .  „   ^,  ,  .. 

the  receipts  oi  the  present  year,  such  sums  oi  money  as 
may  from  time  to  time  ])e  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Approved  February  16,  1895. 

GhO/D*    11    I^ESOLVE    AUTHORIZING    THE    PAYMENT   OF    ADDITIONAL    RENT    FOR 

storage  purposes  for  the  bureau  of  STATISTICS  of  labor. 

Bureau  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Lbo'r.  "^^  treasury  of  the  Commonwealth  the  sum  of  fifty  dollars 

per  annum,  in  addition  to  the  sum  authorized  bj^  chapter 

twenty-five  of  the  resolves  of  the  year  eighteen  hundred 


Resolves,  1895.  — Chaps.  12,  13,  14,  15.  647 

and  ninety-one,  for  the  rental  of  a  room  for  storage  pur- 
poses for  the  bureau  of  statistics  of  labor. 

Approved  February  16,  1895. 

Resolve  providixg  for  the    purchase  and  propagation  of  QJiap,  12 

MONGOLIAN  PHEASANTS. 

Resolved,  That  the  commissioners  on  inland  fisheries  Purchase,  etc., 

T  1  .  Tz-iii    of  Mongolian 

and  game*  may  expend  a  sum  not  exceeding  lour  hundred  pheasants. 
dollars  for  the  i)urchase  and  propagation  of  Mongolian 
pheasants  in  this  Commonwealth,  to  be  paid  from  the  ap- 
propriation for  incidental  and  sundry  expenses  of  said 
commissioners.  Approved  February  26,  1895. 

Resolve    providing  for   printing  additional  copies  of  the  (^Jffjjy    1Q 

REPORT   OF  the   COMMISSION   ON  THE  UNEMPLOYED.  ^ 

Resolved,  That  there  be  printed  one  thousand  additional  Commission  on 
copies  of  the  report  of  the  board  appointed  under  authority  unemployed. 
of  chapter  two  hundred  and  thirty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  to  consider  the 
subject  of  the  unemployed  and  measures  for  their  relief, 
and  that  said  report  be  electrotyped. 

Approved  February  26,  1895. 

Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in  (^'hrij)     I4 

MASSACHUSETTS.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Trustees  of 
treasury  of  the  Commonwealth  to  the  Trustees  of  the  Sol-  ^°''^'®"'  ^°™*- 
diers'  Home  in  Massachusetts,  the  sum  of  thirty  thousand 
dollars,  the  same  to  lie  used  towards  the  maintenance  of  a 
home  for  deserving  soldiers  and  sailors. 

Approved  February  26,  1895. 

Resolve  to  confirm  the  acts  of  henry  a.  smith  as  a  justice  Qhnrt    15 

OF  THE   PEACE. 

Resolved,  That  all  acts  done  by  Henry  A.  Smith  of  fS.fusticeof 
Boston  as  a  iustice  of  the  peace,  between  the  thirteenth  the  pekce  acts 
day  of  July  and  the  twentieth  day  of  December  in  the 
year  eighteen  hundred  and  ninety-four,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  office.  Approved  February  28,  1895. 


6^8  Kesolves,  1895.  — Chaps.  16,  17,  18,  19. 


Chcuj    16  Resolve  to  tuovide   fou   sipplying    to    the   Massachusetts 

EXIJIlilTOUS    AT    THE     WOKLD'S    COLUMBIAX     EXPOSITION,    COPIES 
OF  THE  KEPORT  OF  THE  liOAKD    OF  3IAXAGEKS. 

onn°nager^r'''       ^esolvecl,  That  there  be  allowed  and    paid  out  of  the 
worid'8  coium-  tTcasurv  of  the  Commonwealth  a  sum  not  exceedinsr  two 

bian  exposition.  ,  ,        ,     ,    ,,  <•  i  /»!/•• 

hundred  dollars,  for  the  purpose  or  delraying  the  expense 
of  supplying  to  the  Massachusetts  exhibitors  at  the  world's 
Columbian  exposition,  copies  of  the  report  of  the  board 
of  managers  ;  the  same  to  be  expended  under  the  direction 
of  the  secretary  of  the  Commonwealth. 

Approved  March  1,  1895. 

(JJiap.   17  Resolve  providing  for  indexes  to  Massachusetts  ARcnrv^ES. 

Ma>^achu°eeu8        Resolved,  That  there  be  allowed  and   paid  out  of  the 
archivcB.  trcasurv  of  the  Commonwealth  a  sum  not  exceedino-  twelve 

hundred  dollars,  to  be  expended  under  the  direction  of 
the  secretary  of  the  Commonwealth  for  preparing  an  al- 
phabetical index  to  the  fifty  volumes  of  miscellaneous 
papers  added  to  the  Massachusetts  archives  collection 
during  the  year  eighteen  hundred  and  ninety- four. 

Approved  March  7,  1895. 


Chan.   18     Resolve  providing  for  indexes  to  registration  returns. 

registration  Resolved,  That  there  be  allowed  and   paid  out  of  the 

returns.  treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen 

thousand  eight  hundred  dollars,  to  be  expended  under  the 
direction  of  the  secretary  of  the  Commonwealth  for  pre- 
paring a  complete  alphabetical  index  to  the  returns  of 
births,  marriages  and  deaths  for  the  years  eighteen  hun- 
dred and  eighty-one  to  eighteen  hundred  and  eighty- 
nine,  inclusive.  Approved  March  7,  1895. 


Chan.  19  Resolve  providing  for  printing  copies  c 

REPORT   OF   THE  BOARD   OF   HARBOR  AND  LJ 


of  a  PORTION   OF  THE 
\ND   commissioners. 


t^^'projosed'''^        i?e.so7re(?.  That  there  be  printed  twelve  hundred  copies 

dam,  etc.,  in       of  that  portiou  of  the  report  of  the  harbor  and  land  com- 

basin.  missioncps  for  the  year  eighteen  hundred  and  ninety-four 

which  relates  to  the  proposed  construction  of  a  dam  and 

lock  in  Charles  river  basin,  together  with  the  report  of 


Eesolves,  1895.  — Chaps.  20,  21,  22,  23.  649 

the  evidence  and  arguments  presented  on  this  subject  at 
the  hearings  before  said  board  given  under  authority  of 
chapter  eighty-live  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-four ;  three  hundred  copies  to  be  for 
the  use  of  the  legislature,  one  hundred  and  fifty  copies 
for  the  use  of  the  board  of  harl)or  and  land  commissioners, 
and  the  balance  to  be  distributed  under  the  direction  of 
the  secretary  of  the  Commonwealth. 

A^yjiTOved  March  7,  1895. 

Resolve  to  provide  for  PRmxiNG  extr.\  copies  op  the  report  Cijinj^     OQ 

OF  the   MASSACHUSETTS   liOARD   OF   WORLD'S   FAIR    MANAGERS. 

Resolved,  That  there    be   printed  two  thousand  extra  Report  of 

(•  jv  J.      i*  j.1        a  r  I  j-j_     1  1       i?  1 J5      Massachusetts 

copies  ot  the  report  oi  the  Massachusetts  board  ot  world  s  board  of  world's 
fair  managers  for  the  use  of  the  members  of  the  general  ^^"  managera. 
court  of  the  present  year,  each  member  to  receive  seven 
copies ;    the  balance  to   be  divided  equally  between  the 
president  of  the  senate  and  the  speaker  of  the  house  of 
representatives.  Approved  March  7,  1895. 

Resolve  providing  for  printing  extra  copies  of  the  report  (JJinrjj     Oi 
op  the   commissioners  on   the    topographical   survey   of 
massachusetts. 

Besolved,  That  there  be  printed  five  hundred  additional  Repo't «; 

'  ,         i  .       ,  commissioners 

copies  of  the  report  ot  the  commissioners  on  the  topo-  on  topograpM- 
graphical   survey  of  Massachusetts,   for   the  use  of  the  '^^  ^""®y- 
commissioners.  Approved  March  7,  1895. 


Resolve  providing  fok  printing  additional  copies  of  the  rii.fjr^    oo 

REPORT  of    the    CATTLE    COMMISSIONERS.  -^' 

Mesolved,  That  there  be  printed  five  thousand  additional  Report  of  cattle 

,      '  -  ^     ^        -,  -,       I.  1  '        commissioners. 

copies  ot  the  annual  report  ot  the  board  ot  cattle  commis- 
sioners, to  be  distributed  by  the  state  board  of  agriculture. 

Approved  March  7,  1895. 


Chap.  23 


Resolve  providing  for  printing  the  special  report  of  the 
state  board  of  agriculture  on  the  avork  of  the  exter- 
mination of  the  ocneria  dispar  or  gypsy  moth. 

Resolved,  That  there  be  printed  for  public  distribution  Gypsy  moth. 
five  thousand  copies  of  the  special  report  of  the  state  board 


650  Resolves,  1895.  — Chaps.  24,  25,  26,  27. 

of  asrioulture  on  the  work  of  exterminatiou  of  the  ocneria 
disi)ar  or  gypsy  moth.  Ajjjrroved  March  7,  lS9o. 


Chctp.  24  Rt-SOLVi:  KELATIVE  TO  PRINTING  AND  DISTRIBUTING  EXTRA  COPIES 
OF  THE  MANUAL  FOR  THE  GENERAL  COURT  OF  THE  YEAR 
EIGHTEEN  HUNDRED    AND    NINETY-FIVE. 

manuauowgh  Besolved,  That  there  be  printed  three  thousand  copies 
and  grammar  of  the  uianual  for  the  oeneral  court  of  the  year  eighteen 
hundred  and  ninety-five,  in  addition  to  the  number  now 
authorized  b}^  law,  the  same  to  be  distributed  among  the 
high  and  grammar  schools  of  the  Commonwealth  by  the 
secretary  of  the  state  board  of  education. 

Approved  March  7,  1895. 


ChaV.    25  I^ESOLVE  TO   PROVIDE  FOR  THE  CLASSIFICATION  AND  ARRANGEMENT 
OF  THE   ESTIMATES   OF   COUNTY  TAXES   FOR   THE   CURRENT   YEAR. 

Sates  onaxes.  Hesolved,  That  the  county  estimates  of  taxes  for  counts- 
charges  for  the  current  year  be  transmitted  to  the  con- 
troller of  county  accounts,  who  shall  classifv  and  arrange 
the  same,  as  far  as  possil)le,  upon  a  uniform  basis  and 
plan,  and  return  them  forthwith  to  the  legislature. 

Approved  March  7,  1895. 


(JJiaV.    2()  RnSOLVE  IN  FAVOR   OF  THE   MASSACHUSETTS  CHARITAHLE  EYE  AND 

EAR  INFIRMARY. 

chlrftabye^"^         FtesoJi'ed,  That  there  l)e  allowed  and  paid  out  of  the 
Eye  and  Ear      trcasurv  of  the  Commonwealth  to  the  Massachusetts  Char- 

Innrmary.  .iii"^  it-'t-  ^  />  i 

itable  Ji«ye  and  har  Inhrmary  the  sum  ot  twenty  thousand 
dollars,  to  be  expended  under  the  direction  of  the  man- 
agers thereof  for  the  charitable  purposes  of  said  inhrmary 
during  the  present  year.  Approved  March  7, 1895. 


Chap.  27  Resolve  in  favor  of  minnie  i;ird. 

Minnie  Bird.  Eesolved.  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  the  trustees  of  the  "West- 
borough  insane  ho.spital  the  sum  of  two  hundred  and  fifty 
dollars,  for  the  support  of  Minnie  Bird,  an  insane  inmate 
of  said  hospital.  Approved  March  7,  1895. 


Resolves,  1895.  — Chaps.  28,  29,  30.  651 


Resolve  kelative  to  the  distribution   of   the   early  acts  (JJifir)     28 

AND   RESOLVES   OF   THE   GENERAL   COURT.  ^ 

Resolved^  That  one  copy  of  each  volume  of  the  acts  and  Distribution  of 

,  ii>  11-  ci  early  acts  and 

resolves  ot  the  general  court  irora  the  adoption  oi  the  con-  resolves. 
stitution  to  the  year  eighteen  hundred  and  six,  now  being 
published  under  the  direction  of  the  secretary  of  the  Com- 
monwealth and  authorized  by  chapter  one  hundred  and 
four  of  the  resolves  of  the  year  eighteen  hundred  and 
eighty-nine,  lie  furnished  to  the  sherift'  of  each  county, 
and  to  the  district  attorney  and  each  assistant  district 
attorney  in  each  district,  and  that  twenty-five  copies  be 
placed  at  the  disposal  of  the  secretary  of  the  Common- 
wealth for  distribution  to  such  public  officers  as,  in  his 
judgment,  may  require  the  same  in  their  official  duties,  in 
addition  to  the  persons  entitled  by  the  provisions  of  said 
resolve  to  receive  such  volumes. 

Approved  March  9,  1895. 


Resolve  extending  the  time  for  the  report  of  the  metro-  H'kf^j.     OQ 

POLITAN    DISTRICT    COMMISSION    AND     PROVIDING    FOR    THE    CON-  ^  ' 

TINUANCE   OF  THE   INVESTIGATION   RELATIVE   THERETO. 

Resolved,  That  the  time  allowed  for  the  filing  of  the  Report  on  sub- 
report  of  the  metrojiolitan  district  commission,  required  j^^,n°iipar'^^' 
by  chapter  four  hundred  and  forty-six  of  the  acts  of  the  aJu^in'stration. 
year  eighteen  hundred  and  ninety-four,  providing  for  an 
investigation  of  the  subject  of  a  general  municipal  admin- 
istration for  the  city  of  Boston  and  adjoining  municipali- 
ties, is  hereby  extended  to  the  first  Wednesday  of  January 
in  the  year  eighteen  hundred  and  ninety-six ;    and  said 
board  may  expend  a  sum  not  exceeding  four  thousand 
dollars  in  addition  to  the  amount  authorized  by  said  chap- 
ter, subject  to  the  provisions  thereof,  in  continuing  and 
completing  the   investigation  therein  provided  for ;    and 
the  term  of  office  of  said  commission  is  hereby  extended 
until  the  first  day  of  May  in  the  year  eighteen  hundred 
and  ninety-six.  Approved  March  13,  1895. 


Chap.  30 


Resolve    to    confirm    the    acts    of   edward    de    feo   as  a 
notary  public. 

Resolved,  That  all  acts  done  by  Edward  de  Feo  as  a  Edward  de  Fee, 
notary  public,  between  the  sixth  day  of  October  in  the  act's^ confirmed. 


652  Eesolves,  1895.  —  Chaps.  31,  32,  33. 

year  eighteen  liundred  and  ninety-two  and  the  first  day  of 
February  in  the  year  eiiihteen  hundred  and  ninety-five, 
are  hereby  confirmed  and  made  valid  to  the  same  extent  as 
though  he  had  been  during  that  time  qualified  to  discharge 
the  duties  of  said  ofiice.  Approved  March  13,  1895. 


CJlcn).   31  Resolve  to  provide  for  the  preservation  of  the  r.rLFixcii 

STATE   HOUSE   OX   BEACON   HILL. 

Preservation  of       Hesolved.  That  there  be   appointed  l^y  the   aovernor, 
house.  With  the  advice  and  consent  ot  the  council,  withm  thirty 

days  after  the  passage  of  this  resolve,  three  disinterested 
persons,  one  of  whom  shall  be  an  experienced  builder, 
another  an  experienced  engineer,  and  the  third  an  experi- 
enced architect,  who  shall  be  known  as  the  commissioners 
for  the  preservation  of  the  Bulfinch  state  house  on  Beacon 
hill.  Said  commissioners  shall  make  a  thorough  examina- 
tion as  to  the  present  condition  of  the  Bulfinch  building 
and  report  the  results  of  their  examination,  with  their  rec- 
ommendations, to  the  general  court  within  thirty  days 
after  the  passage  of  this  resolve.  Said  commissioners  may 
incur  such  expense  in  making  such  examination  and  shall 
receive  such  compensation  as  the  governor  and  council 
may  determine.  Approved  March  14,  1895. 


ChaV'  32        Resolve  in  favor  of  the  toa\^-  of  east  bridgeavater. 

Brwge°wa^eT.'  Resolved,  That  there  l)e  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  the  sum  of  thirt^'-nine  dol- 
lars and  sixty  cents  to  the  town  of  East  Bridgewater,  to 
reimlnirsc  said  town  for  the  payment  made  by  said  town, 
in  error  of  account,  to  the  Commonwealth,  for  the  support 
of  Nathaniel  S.  Bouldey  at  the  state  farm  in  the  ^ear 
eighteen  hundred  and  ninety-four. 

Approved  March  16,  1895. 


Chav.  33  Resolve  relative  to  certain  copies  of  the  early  acts  and 

RESOLVES   OF   THE   GENERAL  COURT. 

feeoivet''  ''"'^  Eesolvecl,  That  the  secretary  of  the  Commonwealth  shall 
cause  to  be  attached  to  the  inside  of  the  cover  of  each  copy 
of  the  early  acts  and  resolves  of  the  general  court  deliv- 


Kesolves,  1895.  —  Chaps.  34,  35.  653 

ered  Ly  him  to  any  public  officer  named  in  chapter  one 
hundred  and  four  of  the  resolves  of  the  year  eighteen  hun- 
dred and  eighty-nine,  except  the  copies  delivered  to  the 
justices  of  the  supreme  judicial  and  superior  courts,  a 
paper  stating  that  such  copy  is  for  the  use  of  his  office, 
and  is  to  be  transmitted  by  the  present  incumbent  at  the 
expiration  of  his  term  of  office  to  his  successor  in  such 
office.  Approved  March  19,  1895. 


Resolve   providing  for  increasing  the  water  supply  and  ni^nyy    34 

FOR  CERTAIN  REPAIRS    AT    THE    STATE   INDUSTRIAL    SCHOOL    FOR 
GIRLS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  industrial 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ^'^  °°  o^girs. 
twelve  thousand  six  hundred  dollars,  to  be  expended  at 
the  state  industrial  school  for  girls,  at  Lancaster,  under 
the  direction  of  the  trustees  thereof,  for  the  following 
purposes,  to  wit :  — For  grading  and  concreting  walks  and 
cellar,  erecting  standpipes  and  for  painting,  a  sum  not 
exceeding  one  thousand  two  hundred  and  seventy-five  dol- 
lars ;  for  building  ice  house  and  water  shed,  a  sum  not 
exceeding  one  thousand  six  hundred  dollars  ;  for  furnish- 
ing and  providing  heating  apparatus  for  the  new  family 
cottage,  a  sum  not  exceeding  two  thousand  two  hundred 
and  twenty-five  dollars  ;  for  increasing  the  water  supply, 
a  sum  not  exceeding  seven  thousand  five  hundred  dollars. 

Approved  March  22,  1895. 


Resolve  relative  to  the  statue  of  the  late  charles  devens.  /^t  ok 

Resolved,  That  upon  the  completion  of  the  statue  of  statue  of  late 
the  late  Charles  Devens,  provided  for  by  chapter  eighty-  ^''^^"^^  i^''^^^"^' 
one  of  the  resolves  of  the  year  eighteen  hundred  and 
ninety-one,  the  governor  and  council  may  cause  said 
statue  to  be  placed  temporarily  in  the  Museum  of  Fine 
Arts  in  the  city  of  Boston,  with  the  consent  of  the  trus- 
tees of  said  institution ;  and  the  governor  and  council  are 
further  authorized,  when  the  improvements  in  progress 
upon  the  extended  grounds  of  the  state  house  have  been 
completed,  to  permanently  place  said  statue  upon  such 
appropriate  site  within  said  grounds  as  they  may  select. 

Approved  March  22,  1895. 


654  Resolves,  1895.  —  Chaps.  36,  37,  38,  39. 


CTlCip.   36  Resolve  to  provide  a  neav  pokmitory  axd  otiieh  impkove- 

MENTS   FOR  THE   STATE   NORMAL   SCHOOL   AT   BRIUGE\VATER. 

a?Bridgewa°ie'r.  J^esolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceedinir  lifty- 
nino  thousand  dollars,  for  the  followin<x  purposes  in  con- 
nection with  the  state  normal  school  at  Bridgewater :  — 
A  sum  not  exceeding  forty-six  thousand  dollars  for  the 
construction  and  furnishing  of  a  new  dormitory ;  a  sum 
not  exceeding  ten  thousand  dollars  for  the  purchase  of 
land  and  the  erection  of  a  laundry  l)uilding,  and  a  sum  not 
exceeding  three  thousand  dollars  for  changes  in  Normal 
hall  and  new  furnishings  for  the  same.  The  exi)enditure 
to  be  under  the  direction  of  the  state  board  of  education. 

Approved  March  27,  1895. 

Chap.  37  Resolve  providing  for  building  a  new  stock  barn  at  thf. 

LYMAN  SCHOOL  FOR  BOYS. 

?or'bSya!'''°°'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten 
thousand  dollars,  to  be  expended  at  the  Lyman  school  for 
boys,  at  Westborough,  under  the  direction  of  the  trustees 
thereof,  for  the  purpose  of  building  a  new  stock  barn. 

Approved  March  27,  1S95. 

ChClV.     38  Rl'^SOLVE   RELATIVE    TO    PROVIDING    FOOD    OR    LODGING    TO    APPLI- 
CANTS  IN   S5IALL   TOAVNS. 

Food  or  lodging  Resolvcd,  That  the  state  board  of  lunacy  and  charity 
smayuowns! '"  shall  cousidcr  and  re]:»ort  to  the  next  general  court  what 
method,  if  any,  the  small  towns  shall  be  required  to  adopt 
for  supplying  food  or  lodging,  in  almshouses  or  other 
places  specially  provided  for  that  purpose,  to  persons 
applying  to  the  overseers  of  the  poor  therefor,  and  for 
requiring  them  to  perform  lal)or  in  return  therefor. 

Approved  March  27,  1895. 

Chap.   39  Resolve  relative  to  the  binding  of  the  report  establish- 
ing THE    BOUNDARY  LINE    BETWEEN    MASSACHUSETTS    AND    NEAV 


HAMPSHIRE. 


Report  on  J^esolveiJ,  That  six  hundred  copies  of  the  report  of  the 

boundary  .  '.  iii-iii 

line  between  coiiimissioncrs  ai)j)ointed   to  ascertain  and   establish  the 

an'dNew"**^  *  boundaiy  line  between  the  states  of  ^lassachusetts   and 

Hampshire. 


Resolves,  1895.  — Chaps.  40,  41,  42.  655 

New  Hampshire,  with  the  accompanying  maps,  reduced 
to  proper  size,  be  bound  in  flexible  cloth  for  the  use  of  the 
commissioners.  Ai:)X)roved  March  27^  1895. 


Resolve  in  favor  of  frank  l.  garland.  Chan.   40 

Hesolved,  That  an  annuity  of  two  hundred  and  fifty  Frank  l. 
dollars  be  allowed  and  paid  from  the  treasury  of  the  Com- 
monwealth to  Frank  L.  Garland  of  Concord,  for  the  term 
of  his  natural  life,  as  compensation  for  injuries  received 
by  him  while  in  the  discharge  of  his  duties  as  an  officer 
at  the  Massachusetts  reformatory. 

Approved  Ifarch  30,  1895. 


Resolve  relative  to  the  topographical  sirvey  and  map  of  njidj)^  4.\ 

MASSACHUSETTS. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  commissioners 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four-  ^18^°!^!^^'' 
teen  thousand  one  hundred  dollars,  to  be  expended  l\y  the 
commissioners  on  the  topographical  survey  for  the  follow- 
ing purposes,  to  wit ;:  —  For  continuing  the  determination 
by  triangulation  of  the  boundary  lines  of  the  cities  and 
towns  in  this  Commonwealth,  and  marking  said  boundary 
lines,  to  include  supplementing  topographical  map  and 
levelling,  a  sum  not  exceeding  twelve  thousand  dollars ; 
for  selling  and  distributing  maps,  a  sum  not  exceeding 
one  thousand  dollars ;  for  duplicating  atlases  of  town 
boundary  plans,  a  sum  not  exceeding  one  thousand  dol- 
lars ;  and  for  instruments,  a  sum  not  exceeding  one  hun- 
dred dollars.  Approved  March  30,  1895. 


Resolve   to   provide   for    the   publication   of  a  course    of  (JJi(ir>^  ^2, 

INSTRUCTION  IN  DRAWING. 

Resolved,   That  there  be  allowed  and  paid  out  of  the  instruction  in 
treasury  of  the  Commonwealth  the  sum  of  two  hundred  pub7ic°fchooi8. 
and  fifty  dollars,  to  defray  the  expense  of  publishing  a 
course  of  instruction  in  drawing,  for  the  use  of  the  public 
schools,  the  expenditure  to  be  under  the  direction  of  the 
state  board  of  education.  Approved  March  80,  1895. 


656 


Resolves,  1895.  —  Chaps.  43,  44,  45. 


Chap.  43  Resolve  providing  for  repairs,  improvements  and  additions 

TO  THE  LIBRARY  OF  THE  MASSACHUSETTS  AGRICULTURAL  COLLEGE. 


Agricultural 
college. 


Besolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five 
thousand  five  hundred  dollars,  to  be  expended  at  the 
Massachusetts  agricultural  college  at  Amherst  under  the 
direction  of  the  trustees  thereof,  for  the  following  pur- 
poses, to  wit: — A  sum  not  exceeding  three  thousand 
dollars  for  an  addition  to  the  insectary,  to  increase  the 
accommodations  for  giving  instruction  in  entomology  ;  a 
sum  not  exceeding  eighteen  hundred  dollars  to  provide  a 
gun  shed  with  a  place  for  gallery  practice,  and  a  gallery 
in  the  drill  hall ;  and  a  sum  not  exceeding  seven  hundred 
dollars  for  the  purchase  of  books  for  a  library. 

Apjn-oved  March  SO,  1S95. 


Althea 
Hazzard. 


Chctl).   44  Resolve  in  favor  of  axthea  hazzard,  member  of  the  hassa- 

NAMISCO  TRIBE   OF  INDIANS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  selectmen  of  the  town 
of  Oxford  the  sum  of  two  hundred  dollars,  to  reimburse 
them  for  money  expended  by  said  town  in  the  support  of 
Althea  Hazzard,  a  member  of  the  Hassanamisco  tribe  of 
Indians  ;  and  that  from  and  after  the  first  day  of  January 
in  the  year  eighteen  hundred  and  ninety-five  there  be 
allowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth to  the  selectmen  of  said  town  an  annuity  of  two 
hundred  dollars  for  the  rest  of  the  natural  life  of  said 
Althea  Hazzard,  to  be  expended  by  said  selectmen  for  her 
benefit,  payable  in  equal  quarterly  instalments. 

Approved  March  30,  1895. 


Chap. 


AK  Resolve  providing  for  a   school  building  at  the  Massachu- 
setts REFORMATORY. 


MasBachu  Belts 
reformatory. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-five  thousand  dollars,  to  be  expended  under  the 
direction  of  the  commissioners  of  i)risons  for  constructing 
and  furnishing  a  school  building  at  the  Massachusetts  re- 
formatory at  Concord.  Approved  March  30,  1895. 


Eesolves,  1895.  — Chaps.  ^6,  47,  48,  49.  657 

Resolve  providing-  for  printing  extra  copies  of  the  report  Chav.   46 

OF  THE   BOARD   OF  REGISTRATION  IN   MEDICINE. 

Resolved,  That  there  be  printed  two  thousand  additional  ^fT°gu°4uou'''^ 
copies  of  the  tir.st  annual  report  of  the  board  of  registra-  ^^  medicine. 
tion  in  medicine,  for  distribution  by  said  board. 

Ajyx^roved  April  4, 1895. 

Resolve  providing  for  an  investigation  into  the  subject  of  QJi^p^   47 

SCHOOL  attendance  AND  TRUANCr. 

Resolved,  That  the  state  board  of  education  is  hereby  schooi  attend- 
directed  to  investigate  the  subject  of  school  attendance  and  truTncy. 
truancy  in  the  Commonwealth,  with  special  reference  to 
the  question  whether  any  and  if  so  what  improvements 
can  be  made  in  the  provisions  and  arrangements  concern- 
ing truants  and  absentees  from  school.  Said  board  shall 
be  allowed  for  all  expenses  actually  incurred  in  the  per- 
formance of  this  duty  such  sum  as  the  governor  with  the 
advice  and  consent  of  the  council  shall  approve,  which 
shall  be  paid  out  of  the  treasury  of  the  Commonw^ealth ; 
and  it  shall  report  the  results  of  its  investigations,  with 
such  recommendations  as  it  sees  fit,  to  the  next  general 
court.  Approved  April  4,  1895. 


Resolve  to  provide  for  the  codification  of  certain  statutes  (JJiaj)    AA 

AVHICH  the   board   OF  REGISTRATION  IN  PHARMACY  IS   REQUIRED 
TO   ENFORCE. 

Resolved,  That  the  board  of  registration  in  pharmacy  codification  of 
cause  to  be  codified,  consolidated  and  arranged,  all  laws  ^■'''■''''°  statutes. 
now  in  force  relating  to  the  regulation  or  practice  of  phar- 
macy, and  all  laws  which  it  is  the  duty  of  the  members  of 
the  board  of  registration  in  pharmacy  to  enforce.  Such 
codification,  consolidation  and  arrangement  shall  be  re- 
ported to  the  general  court  on  or  before  the  first  day  of 
January  in  the  year  eighteen  hundred  and  ninety-six. 
There  shall  ])e  allowed  and  paid  out  of  the  treasury  of  the 
Commonwealth,  in  order  to  carry  out  the  provisions  of 
this  resolve,  such  sums  as  the  governor  and  council  may 
approve.  Approved  April  6,  1895. 

Resolve  relatfv^e  to  the  settlement  of  certain  controver-  nfinrry    49 

SIES   concerning   flats   in   CHARLES   RIVER. 

Wliereas,  Mary  G.  Fisk  and  others  claiui  to  be  proin-i-  Ji^^jf '^*  "''^'' 
etors  of  parcels  of  lands  and  flats  in  the  city  of  Cambridge, 


658  Resolves,  1895.  —  Chaps.  50,  51. 

situated  adjacent  to  and  southerly  of  the  "West  Boston 
bridge,  and  being  the  same  formerly  conveyed  b}'  Royal 
jNIakepeace  to  Skinner  and  Hurd,  by  deed  recorded  with 
Middlesex  south  district  deeds,  book  two  hundred  and 
seyeuty-seyen,  page  seventj'-three  ;  and 

Whereas^  a  controversy  has  arisen  between  said  pro- 
prietors and  the  Commonwealth  as  to  the  extent  of  the 
lands  and  flats  belonging  to  said  proprietors,  and  the  loca- 
tion of  the  true  boundary  line  sc])arating  the  same  from 
the  lands  and  flats  of  the  ConnnonweuUh  in  Charles  river; 
U)°bee8ub-'"^^  Tte.soZi'etZ,  That  the  superior  court  be  authorized  and 
lished.  empowered,  upon  petition  of  said  proprietors,  or  of  any 

or  either  of  them,  to  ascertain  and  estalilish  the  true  boun- 
dary lines  separating  the  lands  and  flats  of  such  petitioners 
from  the  lands  and  flats  of  the  Commonwealth.  The  pro- 
visions of  chapter  one  hundred  and  ninety-five  of  the 
Public  Statutes  shall,  so  far  as  applicable,  apply  to  pro- 
ceedings had  hereunder,  except  that  the  trial  may  take 
place  before  a  single  justice,  and  the  court  may  make  such 
decree  concerning  the  payment  of  the  legal  costs  of  such 
proceedings  as  may  seem  just  and  equitable. 

Approved  April  6,  IS 95. 


Chav.  50  Resolve  in  favor  of  rocert  j.  ferris. 

Robert  J.  JResolvecl,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Robert  J.  Ferris  of 
Cambridge  the  sum  of  seventy-flve  dollars,  in  full  com- 
pensation for  the  loss  occasioned  to  said  Ferris  by  the 
injury  of  a  horse  owned  by  him,  while  said  horse  was 
being  used  by  the  INIassachusetts  volunteer  militia  at  Fra- 
mingham,  on  the  nineteenth  day  of  July  in  the  year  eight- 
een hundred  and  ninet^'-four.        Approved  April  6,  1S95. 


ChcfP.  51  Resolve  granting  to  the  board  appointed  to  consider  the 

SUI5JECT  OF  THE   UNEMPLOYED   FURTUER  TIME   FOR  MAKING  THEIR 
REPORT. 

Time  extended.  Bcsolvecl,  That  the  time  allowed  to  the  board  appointed 
under  the  provisions  of  chapter  two  hundred  and  thirty- 
eight  of  the  acts  of  the  jear  eighteen  hundred  and  ninety- 
four  for  making  their  final  report,  is  hereby  extended  until 
the  first  day  of  ^Nlav  in  the  present  year.  Said  board,  for 
the  purpose  of  completing  its  inquiries,  may  incur  such 


Resolves,  1895.  —  Chap.  52.  659 

expense  as  may  be  necessary,  not  exceedino-  the  unex- 
pended balance  of  the  appropriation  authorized  hy  said 
chapter.  Approved  April  6,  1S95. 


Resolves  PROviDixa  for  the  printing,  binding  and  distribution  njirij^     ^Q 
OF  the  reports  of  the  decennial  census  of  the  year  eight- 
een HUNDRED  AND  NINETY-FIVE. 


Hesolved,  That  there  be  printed  from  stereotype  plates,  Reports  of 
and  bound,  six  thousand  five  hundred  copies  of  the  series  census.'" 
of  reports  of  the  decennial  census  of  the  year  eighteen 
hundred  and  ninety-five,  authorized  by  chapter  two  hun- 
dred and  twenty-four  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four.  Said  reports  shall  be  printed 
in  successive  octavo  volumes  of  not  exceeding  one  thou- 
sand pages  each,  of  the  size  of  the  acts  and  resolves  but 
in  the  general  style  of  the  annual  reports  of  the  bureau 
of  statistics  of  labor,  each  volume  to  contain,  so  far  as 
practicable,  information  of  the  same  class. 

liesolved^  That  of  said  six  thousand  five  hundred  copies  Distribution. 
one  thousand  copies  of  each  volume  shall  be  made  up  in 
separate  sheets  or  sections  and  bound  in  pamphlet  form, 
each  part  containing  related  or  comparable  information, 
and  published  or  distributed  as  advance  bulletins  from 
time  to  time  by  the  chief  of  the  bureau  of  statistics  of 
labor  in  charge  of  the  census.  The  remaining  five  thou- 
sand five  hundred  copies  shall  be  bound  in  cloth  and 
distributed  under  the  direction  of  the  secretary  of  the 
Commonwealth,  as  follows  :  —  To  each  member  of  the  gen- 
eral court  of  the  year  eighteen  hundred  and  ninety-five, 
eight  copies.  To  the  librarian  of  the  state  library,  for 
the  use  of  the  library,  twenty-five  copies.  To  the  gov- 
ernor ;  lieutenant  governor ;  members  of  the  executive 
council ;  every  executive  department ;  every  permanent 
state  board  or  commission  having  an  ofiice  and  clerk ; 
senators  and  representatives  of  Massachusetts  in  congress  ; 
the  clerks  of  the  supreme  judicial  and  superior  courts  ;  the 
registers  of  deeds  ;  the  registers  of  probate  and  insolvency  ; 
the  clerk  of  the  senate  and  the  clerk  of  the  house  of  rep- 
resentatives, for  use  in  their  respective  offices ;  city  and 
town  clerks,  for  the  use  of  their  respective  cities  and 
towns ;  the  library  of  every  incorporated  college  and  uni- 
versity in  the  Commonwealth,  and  the  libraries  of  the 
Massachusetts  Institute  of  Technology  and  the  Worcester 


(3G0  Kesolves,  1895.  —  Chaps.  53,  54,  55. 

Polytechnic  Institute ;  every  state  normal  school ;  eveiy 
free  i)ublic  librar}'  and  county  law  library  in  the  Common- 
wealth ;  every  state  and  territorial  library  and  the  lil)rary 
of  congress ;  the  Massachusetts  Historical  Society ;  the 
Kew  England  Historic  Genealogical  Society ;  the  Boston 
Athenreum  ;  the  xVmerican  Anti(|uarian  Society  in  Worces- 
ter ;  one  copy  each.  The  residue  shall  be  disposed  of  as 
may  be  required  for  general  public  distribution,  reserving  a 
proper  number  for  future  distribution.  All  copies  which 
are  herein  especially  apportioned  to  individuals  or  insti- 
tutions, which  remain  unclaimed  or  undistributed  at  the 
expiration  of  three  months  after  the  publication  of  the 
final  volume,  shall  revert  to  the  Commonwealth  and  be 
subject  to  general  distribution.     Approved  April  6,  lS9o. 

Cliup,  53  Resolve  in  favor  of  james  and  sarah  ball. 

sa^ahBail.  Besolvecl,  That  Jamcs  Ball  and  Sarah  Ball,  of  Boston, 

father  and  mother  of  William  Ball  who  served  in  the 
United  States  navy  during  the  war  of  the  rebellion  and 
who  died  in  said  service,  shall,  from  and  after  the  passage 
of  this  resolve,  be  eligible  to  receive  state  aid  under  the 
provisions,  rules  and  limitations  of  chapter  three  hundred 
and  one  of  the  acts  of  the  j^ear  eighteen  hundred  and 
ninety-four,  in  the  same  manner  and  to  the  same  extent 
as  other  fathers  and  mothers  are  eligible  to  receive  state 
aid  under  said  chapter.  Approved  April  6,  1893. 

Ch(tJ).  54  Resolve   relative  to  the  collection  of   portraits  of  gov- 
ernors OF  massachlsetts. 

CommiBBioner         J^esoIvecL  That  tlic  governor  with  the  advice  and  con- 
fer collecting  /.,  M-l'l  r»ll 

portraits  of  scut  of  the  counci  I  IS  autlionzed  to  till  any  vacancies  oc- 
e?norY/°'"  curriug  in  the  office  of  the  commissioner  for  collecting 
])ortraits  of  former  governors,  })rovided  for  by  cha])ter 
iift3'-eight  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety.  Such  commissioner  may  incur  such  expense 
in  completing  such  collection  as  the  governor  and  council 
may  approve,  and  shall  include  an  itemized  statement  of 
all  expenses  so  incurred  during  any  year,  in  his  annual 
report.  Approved  April  6',  1S95. 

Char>.  55  Resolve   providing  for  certain  repairs  and  improvements 

AT   THE   STATE    FARM    AT   HRIDGEWATER. 

State  farm  at  Besolved,  That  there  be  allowed  and  i)aid  out  of  the 

treasurv  of  the  Commonwealth  a  sum  not  exceeding  lorty- 


Resolves,  1895.  —  Chaps.  56,  57.  (561 

four  thousand  dollars,  to  be  expended  at  the  state  farm 
at  Bridge  water  under  the  direction  of  the  trustees  and 
superintendent  thereof,  for  the  following  purposes,  to 
wit :  —  For  the  construction  of  a  yard  wall,  a  sum  not 
exceeding  four  thousand  dollars  ;  for  the  purpose  of  light- 
ing the  institution  by  electricity,  a  sum  not  exceeding  ten 
thousand  dollars ;  for  the  purpose  of  constructing  addi- 
tional hospital  and  infirmary  accommodations,  and  heating 
and  furnishing  the  same  for  not  less  than  sixty  inmates, 
a  sum  not  exceeding  thirty  thousand  dollars. 

Ap2'>Toved  April  6,  1895. 


Chap.  56 


Resolve  pkovidixg  for  certain  repairs  and  improvements 
at  the  state  almshouse  at  tewksbury. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  aimahouse 
treasury  of  the  Commonwealth  a  sum  not  exceeding  sixty-  a'^ewksbury. 
seven  thousand  three  hundred  dollars,  to  be  expended  at 
the  state  almshouse  at  Tewksbury  under  the  direction  of 
the  trustees  and  superintendent  thereof,  for  the  following 
purposes,  to  wit: — For  furnishing  and  lighting  the  ad- 
ministration building,  a  sum  not  exceeding  five  thousand 
dollars ;  for  building  a  new  chapel,  a  sum  not  exceeding 
six  thousand  dollars,  the  same  to  be  in  addition  to  the 
six  thousand  dollars  authorized  by  chapter  seventy-three 
of  the  resolves  of  the  year  eighteen  hundred  and  ninety- 
four  for  the  same  purpose ;  for  laundry  machinery,  a  sum 
not  exceeding  two  thousand  dollars ;  for  the  renovation 
of  the  |)umping  station  and  a  new  boiler,  a  sum  not  exceed- 
ing eighteen  hundred  dollars  ;  for  the  purchase  of  the  Way 
farm,  so-called,  of  fifty-seven  acres,  with  buildings  thereon, 
a  sum  not  exceeding  twenty-five  hundred  dollars ;  for  the 
erection  of  a  new  building  for  insane  women,  a  sum  not 
exceeding  fifty  thousand  dollars. 

Approved  April  6,  1895. 

Resolve  providing  for  certain  repairs  axd   improvements  (JJkxj)^  57 

AT   the   TAUNTON   LUNATIC   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Taunton  lunatic 
treasury  of  the  Commonwealth  the  sum  of  twenty  thou-    °*^'  ^ ' 
sand  five  hundred  dollars,  to  l)e  expended  at  the  Taunton 
lunatic  hospital   at  Taunton   under  the   direction   of  the 
trustees  and  superintendent  thereof,  for  the  following  pur- 
poses, to  wit :  — For  the  erection  of  a  building  to  be  used 


662  Eesolyes,  1895.  — Chaps.  5S,  o9,  60. 

for  a  i)aint  shop,  upholstering  and  workinir  rooms  for 
patients,  a  sum  not  exceeding  twelve  thousand  dollars ; 
for  general  repairs,  a  sum  not  exceeding  five  thousand 
dollars;  for  additional  fire  escapes  and  fire  ap])aralus, 
laundry  machinery,  concrete  walk  and  sundry  other  im- 
l)rovemcnt9,  a  sum  not  exceeding  three  thousand  five 
hundred  dollars.  Ajqn-oved  April  6,  1895. 

Chap.   58  Resolve  trovidino  fok  eepaies  axd  improvemexts    at  the 

AVESTBOROUGH   INS  AXE   HOSPITAL. 

westborouch         JResoIvecL  That  there  be  allowed  and  paid  out  of  the 

insane  hospital.  /•       i  /^ 

treasury  ot  the  Commonwealth  a  sain  not  exceeding 
twelve  thousand  two  hundred  and  fifty  dollars,  to  be 
expended  at  the  "Westborough  insane  hospital  at  West- 
borough  under  the  direction  of  the  trustees  thereof,  for 
the  following  purposes,  to  wit :  —  For  enlarging  the  hos- 
pital kitchen,  a  sum  not  exceeding  two  thousand  dollars  ; 
for  completing  the  system  of  heating  and  ventilation,  a 
sum  not  exceeding  one  thousand  dollars ;  for  painting 
walls  and  ceiling  of  the  main  building,  a  sum  not  exceed- 
ing three  thousand  dollars  ;  for  renewing  and  constructing 
water  closets,  a  sum  not  exceeding  two  thousand  dollars; 
for  building  a  brick  fireproof  hose  house  near  the  main 
building,  a  sum  not  exceeding  seven  hundred  and  fifty 
dollars  ;  and  for  improving  farm  buildings,  a  sum  not  ex- 
ceeding thirty-five  hundred  dollars. 

Approved  April  6,  1895. 

(JJldj),   59  Resolve  to  provide  for  a  OYMXASirM  for  the  state  normal 

SCHOOL    AT   WORCESTER. 

Nonmai  school        Bcsolved,  That  there  be  allowed  and  paid  out  of  the 

at  Worcester.  i.    ■,       r^  i    i  ^  ,.  ,. 

treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen 
thousand  dollars,  for  the  purpose  of  defraying  the  expense 
of  the  erection  of  a  gymnasium  at  the  state  normal  school 
in  Worcester,  the  same  to  be  expended  under  the  direction 
of  the  state  board  of  education.    Aj}i-)roved  April  6,  1895. 

Chap.   60  Resolve  in  favor  of  the  city  of  FiTcnr.rRCr. 

burg.°^ ^'''*'^"  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  the  city  of  Fitchburg 
the  sum  of  eight  hundred  dollars,  to  reimburse  said  city 
for  money  paid  for  armory  rent  in  the  year  eighteen  hun- 
dred and  ninety-three.  Approved  April  6',  1895. 


Resolves,  1895.  — Chaps.  61,  62.  663 


Resolve   providing  for  printing  the  report   of  the  joint  (^hfijj    HI 

BOARD   UPON  THE    IMPROVEMENT   OF  THE   CHARLES  RIVER. 

Mesolved,  That  there  be  printed  for  public  distribution  Report  on 
twenty-tive  hundred  copies  of  the  report  of  the  joint  board  chades^river." 
upon  the  improvement  of  the  Charles  river,  made  to  the 
legislature  of  the  year  eighteen  hundred  and  ninetj^-four. 

A2:)2:)roved  April  6,  1S95. 


Resolves  to  provide  for  printing  and  distriisuting  the  mas-  (JJin^-i     QO 

SACIIUSETTS   military   AND   NAVAL  HISTORY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Military  and 
treasury  of  the  Commonwealth  a  sum  not  exceeding  seven  "^^''  '*  °^^' 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  secretary  of  the  Commonwealth  for  pul)Iishing  the 
Massachusetts  military  and  naval  history,  prepared  by 
Thomas  Went  worth  Higginson,  state  military  and  naval 
historian,  under  'authority  of  chapter  three  hundred  and 
seventy-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine.  Said  history  shall  be  published  in  two  vol-  i>i'^'"bution. 
umes,  and  there  shall  be  printed  sixteen  hundred  copies 
thereof,  to  be  distributed  as  follows  :  —  To  each  member 
and  officer  of  the  general  court  of  the  year  eighteen  hun- 
dred and  ninety-four,  one  copy ;  to  each  member  and 
officer  of  the  general  court  of  the  3'ear  eighteen  hundred 
and  ninety-live,  including  the  doorkeepers,  assistant  door- 
keepers and  messengers,  one  copy  ;  to  the  governor,  lieu- 
tenant governor,  each  meml>er  of  the  executive  council  of 
the  year  eighteen  hundred  and  ninety-four,  and  each 
mem])er  of  the  executive  council  of  the  year  eighteen 
hundred  and  ninety-dve,  the  secretary,  treasurer,  auditor, 
and  attorney-general  of  the  Commonw^ealth,  and  the  pri- 
vate secretary  of  the  governor,  one  copy ;  to  the  adjutant 
general,  one  copy ;  to  each  press  reporter  regularly 
assigned  to  a  seat  in  either  branch,  one  copy ;  also  one 
copy  to  the  soldiers'  home  in  Chelsea;  to  each  post  of  the 
Grand  Army  of  the  Republic  in  the  Commonwealth,  one 
copy  ;  to  each  free  public  library,  one  copy ;  to  each  city 
and  town  in  which  there  is  no  free  public  library,  one 
copy ;  to  the  state  library,  twenty  copies ;  to  the  state 
militar\'  and  naval  historian,  twenty  copies ;  to  such  his- 
torical societies  in  the  Commonwealth  as  may  be  desig- 
nated by  the  secretary  of  the  Commonwealth,  one  copy 


GGtt  Kesolyes,  1895.  — Chaps.  G3,  64,  65. 

each ;  to  each  state  and  territory  of  tlic  United   States, 
one  copy :  the  remaining  co})ies  to  be  held  l)y  the  secre- 
tary of  the  Commonwealth,  snbject  to  future  calls  or  to 
be  sold  at  a  price  not  less  than  cost. 
Repeal.  Resolved^  That  chapter  ninety-four  of  the  resolves  of 

the  year  eighteen  hundred  and  ninety-four  is  hereliy  re- 
pealed. Approved  April  12,  1S05. 

CllClp.    63  ReSOLTE  in   favor   of   UEXRY   CnAPMAX. 

Henry  Chap-  Hesolved,  That  Henry  Chapman  of  Maiden,  father  of 

"Walter  Chapman  who  was  a  member  of  company  B, 
thirty-sixth  regiment,  Massachusetts  volunteer  infantry, 
and  second  lieutenant  in  company  A,  fifty-tirst  regiment, 
United  States  colored  troops,  during  the  war  of  the  rebel- 
lion, and  was  killed  in  service  at  ]\Iobile,  Alabama,  in  the 
month  of  May  in  the  year  eighteen  hundred  and  sixty- 
five,  shall,  from  and  after  the  passage  of  this  resolve,  be 
eligible  to'  receive  state  aid  under  the  provisions,  rules 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  in  the 
same  manner  and  to  the  same  extent  as  other  dependent 
fathers  now  receiving  aid  under  said  chapter. 

Approved  April  J  7,  1S95. 

ChctV-   64  Resolve  rRO\TDixG  for  printing  extra  copies  of  the  report 

OF  THE   metropolitan   SEWERAGE   COMMISSIONEKS. 

Report  of  HesoJved,  That  fifteen  hundred  extra  copies  of  the  sixth 

seweraae  com-    aunual  I'oport  of  tlic  bourd  of  metropolitan  sewerage  com- 
mueioners.        niissiouers  be  printed,  five  hundred  copies  to  l)e  bound  in 
cloth ;  to  be  distributed  under  the  direction  of  said  com- 
missioners. Approved  April  17,  1895. 

Cliap.   65  Resolve  PR0\aDiNG  for  painting  the  representation  of  the 

CODITSH   AND    SUSPENDING   THE    SAME   IN    THE    CHAMUER    OF   THE 
HOUSE   OF  REPRESENTATIVES. 

Painting,  etc.,         Resolved.  That  there  be  allowed  and  paid  out  of  the 

representation  r-    ,^         /~i  tji  i  t 

of  codfish.  treasury  ot  the  Commonwealth  a  sum  not  exceeding  one 
hundred  dollars,  to  be  expended  under  the  direction  of 
the  speaker  of  the  house,  for  the  purpose  of  painting  the 
representation  of  the  codfish  and  suspending  the  same  in 
the  chamber  of  the  house  of  representatives. 

Approved  April  17,  1895. 


Kesolves,  1895.  —  Chaps.  66,  67,  68.  665 


EeSOLVE  IX  FAVOK  OF  SOPHIA   H.  COLEMAN.  CJiap.    66 

Hesohed,  That  there  be  allowed  and  paid  out  of  the  sophiaH. 
treasury  of  the  Commonwealth  to  Sophia  H.  Coleman,  an 
annuity  of  two  hundred  and  fifty  dollars  during  her  life, 
paya])le  in  equal  quarterly  instalments,  for  injuries  received 
by  her  at  the  reformatory  prison  for  women  while  in  the 
employ  of  the  Commonwealth.    Approved  April  17,  1895. 

Resolve  providing  for  the  protection  of  the  toavn  of  aga-  (^^^,«    Q^ 

WAM    against     the     FURTHER     ENCROACHMENTS     OF    THE     CON- 
NECTICUT RIVER. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  Encroachments 
treasury  of  the  Commonwealth,  to  be  expended  under  the  river  onTowu' 
direction  of  the  board  of  harbor  and  land  commissioners,  of  Agawam. 
in  pursuance  of  the  provisions  of  chapter  three  hundred 
and  forty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five,  the  sum  of  three  thousand  dollars,  for  such 
surveys  and  examinations  and  such  protective  works  as 
may  be  found  necessary  and  practicable  to  protect  the 
western  bank  of  the  Connecticut  river  in  the  town  of  Aga- 
wam,  and  the  highway  near  said  bank,  from  the  further 
encroachments  of  said  river.        Approved  April  17,  1895. 


Chap,  68 


Resolve  providing  for  the  care  and  custody  of  the  state 

HOUSE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  care  and  cus- 
treasury  of  the  Commonwealth  the  following  sums  in  addi-  b°oI/se°^  ^**"^ 
tion  to  the  sums  now  provided  by  law,  to  be  expended 
under  the  direction  of  the  sergeant-at-arms  :  —  For  watch- 
men and  assistant  watchmen,  eight  thousand  two  hundred 
dollars ;  for  a  stenographer  and  an  office  boy  for  the  ser- 
geant-at-arms'  office,  one  thousand  two  hundred  dollars ; 
for  a  matron,  eight  hundred  dollars ;  for  porters,  three 
thousand  dollars ;  for  a  gardener,  nine  hundred  dollars ; 
for  a  chief  engineer  and  assistant  engineers,  four  thousand 
five  hundred  dollars ;  for  firemen,  oilers  and  cleaners, 
seven  thousand  eight  hundred  dollars ;  for  electricians, 
two  thousand  three  hundred  dollars  ;  for  a  man  to  care  for 
elevator  pumps  and  machinery,  and  for  elevator  men, 
three  thousand  eight  hundred  dollars ;  for  a  steam  fitter 
and  a  helper,  fifteen  hundred  dollars. 

Approved  April  17,  1895. 


666 


Resolves,  1895.  — Chaps.  69,  70,  71. 


Chap. 


HoBpital  for 
dipsomaniacs 
aud  iuebiiatcs, 


^9   RkSOLYE     I'KOVIDING     for    EXr.AKGIXG    THE    "WORKSnOPS     AT     THE 
MASSACHLSl.TTS   HOSl'ITAL   FOR   DIl'SOMAXIACS  AXD  rSEUKIATES. 

Resolved,  That  there  l)e  all()^ved  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three 
thousand  five  hundred  dollars,  to  be  expended  at  the 
Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  at 
Foxborough,  under  the  direction  of  the  trustees  and  super- 
intendent thereof,  for  enlarging  the  workshops  at  said 
hospital.  Approved  April  17,  1895. 

Chap.   70  Resolves    in    favor    of    the    Massachusetts    institute    of 

TECHXOLOCV. 

Institute  of  Resolved,    That  there  shall  be   paid  annually,  for  the 

Technology.  n       •  • 

term  of  six  }'ears,  from  the  treasury  of  the  Common- 
wealth to  the  treasurer  of  the  Massachusetts  Institute  of 
Technology,  the  sum  of  twenty-fiv^e  thousand  dollars,  to 
be  so  paid  and  allowed  from  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-six,  to  be  expended 
under  the  direction  of  said  corporation  for  the  general 
purposes  of  said  institute. 

Resolved,  That  in  addition  to  the  amount  provided  for 
above  there  shall  be  paid  annually,  for  the  term  of  six 
years,  from  the  treasury  of  the  Commonwealth  to  the 
treasurer  of  the  Massachusetts  Institute  of  Technology,  the 
sum  of  tAvo  thousand  dollars,  to  be  so  paid  and  allowed 
from  the  first  day  of  January  in  the  year  eighteen  Jiundred 
and  ninety-six,  to  be  expended  for  ten  free  scholarships, 
under  the  direction  of  the  state  board  of  education  ;  said 
scholarships  to  be  awarded  only  to  graduates  of  the  Massa- 
chusetts public  schools.  Approved  April  17,  1895. 


Free  scholar- 
ships. 


Report  on  his- 
tory of  codfish. 


Char)  71  Rk'^oeve  relative  to  the  publication  of  the  report  of  the 
committee  appointed  to  prepare  the  history  of  the  cod- 
fish suspended  in  the  chamber  of  the  house  of  repre- 
sentatives. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury'  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  meet  the  expense  of  publishing  the 
report  of  the  committee  appointed  to  prepare  the  history 
of  the  codfish  suspended  in  the  chamber  of  the  house  of 
representatives,  togother  with  the  speech  of  Mr.  Irwin  of 
Noi'tham})t()n.  Said  report  shall  be  printed  under  the 
direction  of  the  secretary  of  the  Commonwealth,  Avho  shall 


Resolves,  1895  —Chap.  72.  667 

cause  to  be  inserted  in  the  same  volume  -with  said  report  a 
brief  preface  to  be  prepared  by  the  committee,  a  portrait 
of  the  speaker  of  the  house  of  representatives  ;  also  a  view 
of  the  representatives'  chamber  in  the  old  state  house  at 
the  head  of  State  street,  a  view  of  the  representatives' 
chamber  in  the  Bullinch  state  house  on  Beacon  street, 
showing  the  codfish  as  it  hung  in  that  chamber,  and  a  view 
of  the  present  representatives'  chamber  showing  the  codfish 
in  the  position  now  assigned  to  it ;  also  a  portrait  of  John 
Rowe,  Esquire,  and  a  facsimile  of  his  autograph ;  also  a 
list  of  the  names  of  the  members  of  the  executive  council, 
and  of  the  senate  and  house  of  representatives,  for  the  year 
eighteen  hundred  and  ninety-five.  There  shall  be  printed  Distribution. 
a  sufficient  number  of  copies  thereof  to  be  distributed  as 
follows  :  —  To  the  governor,  lieutenant  governor,  memliers 
of  the  executive  council,  the  secretary,  treasurer,  auditor, 
and  attorney-general  of  the  Commonwealth,  and  the  secre- 
taries and  messengers  of  the  executive  department,  each 
one  copy.  To  each  member  and  ofiicer  of  the  general 
court  for  the  year  eighteen  hundred  and  ninety-five,  twelve 
copies.  To  each  messenger  and  page  of  the  general  court, 
one  copy.  To  each  reporter  regularly  assigned  a  seat  in 
the  reporters'  gallery,  one  copy.  To  the  members  of  the 
committee  which  prepared  the  history,  fifty  copies  each. 
To  each  senator  and  representative  from  the  Common- 
wealth in  the  congress  of  the  United  States,  one  copy. 
To  the  state  library,  twenty  copies.  To  each  free  public 
library  in  the  Commonwealth,  one  copy.  To  each  city  and 
town  of  the  Commonwealth  in  which  there  is  no  free  pub- 
lic library,  one  copy.  To  each  historical  society  in  the 
Commonwealth,  one  copy.  To  each  state  and  territory 
in  the  United  States,  one  copy.  To  the  secretary  of  the 
Commonwealth  for  distribution  at  his  discretion,  two  hun- 
dred copies.  Approved  April  17,  1895. 


Resolve  piioviding  for  certaix  repairs  axd  improvements  at  nf^ffrry     79 

THE   HOSPITAL   COTTAGES   FOR   CHILDREN   AT   BALDWINVILLE.  '^ 

Resolved,    That  there  be  allowed  and  paid  out  of  the  Hospital 
treasury  of  the  Commonwealth  a  sum  not  exceeding  twelve  cwidfen.^"'^ 
thousand  dollars,  to  be  expended  at  the  hospital  cottages 
for  children  at  Baldwinville  under  the  direction  of  the 
trustees  thereof,  for  building  fire  escapes  and  fireproof 
walls  in  the  several  cottages.      Approved  April  17,  1S95. 


(568 


Resolves,  1895.  — Chaps.  73,  74,  75,  76. 


Chap,  73 

Jane  Parka. 


Resolve  ix  favor  of  jane  parks. 

Resolved,  That  there  be  aHowed  and  paid  out  of  the 
treasury  of  the  Common wcahh  to  Jane  Parks  of  Cam- 
bridge, an  annuity  of  two  hundred  dollars  during  her 
natural  life,  payable  in  equal  quarterly  instalments. 

Approved  April  25,  1895. 


Chap.  74  Resolve  instructing  the  board  of  harbor  and  land  com- 
missioners TO  MAKE  A  report  RELATIVE  TO  THE  SHOALINGS 
AVHICn  HAVE  TAKEN  PLACE  IN   BOSTON   HARBOR   SINCE  THE  YEAR 


Report  relative 
to  certain 
shoalings  in 
Boston  harbor. 


EIGHTEEN  HUNDRED  AND  SIXTY. 

Resolved,  That  the  board  of  harbor  and  land  commis- 
sioners are  hereby  instructed  to  rc}jort  to  the  general  court 
on  or  before  the  first  day  of  May  in  the  year  eighteen 
hundred  and  ninety-five  what  shoalings  have  taken  place 
in  Boston  harbor  since  the  year  eighteen  hundred  and 
sixty,  between  the  bridges  and  a  line  drawn  from  Jeffries 
point  to  Governor's  island,  to  Castle  island  and  South 
Boston  ;  the  location  and  extent  of  such  shoalings ;  the 
nature  of  the  deposits ;  when  and  to  what  extent  dredging 
has  been  done  by  the  federal,  state  or  municipal  govern- 
ments ;  the  nature  of  the  materials  dredged  ;  and  whether 
dredging  was  done  to  deepen  the  natural  channel  or  to 
remove  deposits ;  or  so  much  of  such  information  as 
records  or  information  at  their  command  will  afford. 

Approved  April  25,  1895. 


Chap.  75 

Widow  of 
Peleg  Emory 
Aid  rich. 


Resolve  in  favor  of  the  "widoW  of  peleg  emory  aldkich. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  widow  of  Peleg 
Emory  Aldrich,  late  justice  of  the  superior  court,  w^ho 
died  on  the  fourteenth  day  of  ISIarch  of  the  present  year, 
the  sum  of  four  thousand  three  hundred  and  seventy-six 
dollars  and  twenty-five  cents,  being  the  amount  of  salary 
which  the  said  Peleg  Emory  Aldrich  would  have  been 
entitled  to  receive  had  he  lived  until  the  thirty-first  day 
of  December  in  the  year  eighteen  hundred  and  ninety-five. 

Approved  April  25,  1895. 


Chap.   76        Resolve  in  favor  of  the  widow  of  edward  p.  loring. 
Widow  of  Resolved,    That  there  be  allowed  and  paid  out  of  the 

Loring.    '        treasury  of  the  Commonwealth  to  the  widow  of  Edward 


Resolves,  1895.  — Chaps.  77,  78,  79.  669 

P.  Loring,  late  controller  of  county  accounts,  who  died 
on  the  thirtieth  day  of  October  in  the  year  eighteen  hun- 
dred and  ninetA'-four,  the  sum  of  four  hundred  twenty- 
three  dollars  and  thirty-nine  cents,  being  the  amount  of 
salary  said  Edward  P.  Loring  would  have  been  entitled  to 
receive  had  he  lived  until  the  thirty-first  day  of  December 
in  said  year.  Approved  April  25,  1S95. 

Resolve  to  provide  for  repairs  at  the  eeformatort  prison  (JJini)^   77 

FOR   WOMEN. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Reformatory 
treasury  of  the  Commonwealth  a  sum  not  exceeding  twelve  women.°' 
thousand  dollars,  to  be  expended  at  the  reformatory  prison 
for  women,  at  Sherborn,  under  the  direction  of  the  com- 
missioners of  prisons,  for  the  following  purposes,  to 
wit :  —  For  completing  the  repairs  and  alterations  of  the 
l)lumbing,  laundry  and  sewerage  systems  of  said  prison, 
as  provided  for  in  chapter  one  hundred  and  seven  of  the 
resolves  of  the  year  eighteen  hundred  and  ninety-four,  a 
sum  not  exceeding  seven  thousand  dollars ;  for  repairing 
chimneys  and  battlements,  a  sum  not  exceeding  one 
thousand  dollars  ;  for  repairing  tarm  buildings,  a  sum  not 
exceeding  three  thousand  dollars  ;  and  for  a  new  dynamo 
to  furnish  electric  light,  a  sum  not  exceeding  one  thousand 
dollars.  Approved  April  25,  1895. 

Resolve  in  favor  of  Stephen  f.  madden.  CllCin    78 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Stephen  f. 
treasury  of  the  Commonwealth  the  sum  of  five  hundred 
dollars  to  Stephen  F.  Madden  of  Lynn,  whose  son  was 
killed  at  the  armory  of  the  Massachusetts  volunteer 
militia  at  Lynn  on  the  seventeenth  day  of  SejDtember  in 
the  year  eighteen  hundred  and  ninety-four. 

Apjjroved  Apiril  30,  1895. 

Resolve  providing  for  certain  improvements  at  the  state  r<]iffY)    79 

lunatic   hospital  at  NORTHAMPTON. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Northampton 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty 
thousand  dollars,  to  be  expended  at  the  state  lunatic  hos- 
pital at  Korthampton  under  the  direction  of  the  trustees 
thereof,  for  the  following  purposes,  to  wit:  —  For  com- 
pleting the  improvements  now  in  process  of  construction 


670  Resolves,  1895.  — Chaps.  80,  81,  82. 

in  the  central  buildinpf,  for  new  corridors,  for  fitting  the 
space  occupied  b}'  the  okl  chapel,  and  for  fireproof  work, 
a  sum  not  exceeding  twenty-five  thousand  dollars ;  and 
for  the  exclusive  purpose  of  completing  certain  improve- 
ments in  the  north  wing  of  said  hospital,  a  sum  not 
exceeding  twenty-five  thousand  dollars. 

Approved  April  30,  1S95. 

Chap.    80  KeSOLVE  en  favor   of  I'ATKICK   McINTEE. 

S'cimee  Resolved^  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  sum  of  five  hundred 
dollars  to  Patrick  Mclntee  of  Lynn,  whose  son,  Michael  J. 
Mclntee,  died  from  a  wound  received  at  the  armory  of 
the  Massachusetts  volunteer  militia  at  Lynn  on  the  seven- 
teenth day  of  September  in  the  year  eighteen  hundred  and 
ninety-four.  Ap)proved  April  30,  1895. 

GhCtp.  81  ReSOLA^E  relative  to  the  ITIU.K  ATIoX  OF  THE  HISTORICAL  AP- 
DRESS  DELIVERED  IX  THE  HOUSE  OF  REPRESENTATIVES  liV  ALFRED 
S.   ROE  OF  WORCESTER. 

SfSby  Resolved,  That  there  be  added  to  the  portraits  to  be 

Alfreds. Roe.    inserted  in  the  volume  containing  the  historical  address 

delivered  in  the  house  of  representatives  on  the  second 

day  of  January  in  the  present  year  a  portrait  of  the  author 

of  said  address.  Approved  May  2,  1S95. 

(Jliaj).   82  Resolve  to  provide  for  coxtixtln'o  the  work   of  extermi- 
nating THE  GYPSY  moth. 

GypBymoth.  Resolvcd,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars,  to  be  expended  under 
the  direction  of  the  state  board  of  agriculture,  for  con- 
tinuing the  work  of  exterminating  the  gypsy  moth,  as 
provided  in  chapter  two  hundred  and  ten  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-one.  No  part  of  the 
above  a])})ropriation  shall  be  paid  l)y  the  state  board  of  agri- 
culture to  any  person  not  a  citizen  of  this  Commonwealth  : 
provided,  that  not  exceeding  four  thousnnd  dollars  of  the 
above-named  sum  may  be  expended  for  printing  a  report 
of  the  scientific  facts  ascertained,  the  editing  and  prepara- 
tion for  printing  of  which  was  provided  for  by  chapter 
seventy-one  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-four.     The  above  sum  shall  be  in  addition  to 


Resolves,  1895.  — Chaps.  83,  81,  85.  671 

any  balance  remaining  unexpended  of  the  appropriation  of 
the  year  eighteen  hundred  and  ninety-four. 

Approved  May  2,  1895. 

Resolve  directing  the  state  board  of  health  to  tntestigate  nj^ffrf.    Q'^ 

THE  SANITARY  COXDITION   OF  THE  NEPOXSET  MEADOWS.  ^ 

Resolved,  That  the  state  board  of  health  be  directed  to  investigation  of 
investigate  the  sanitary  condition  of  the  meadows  on  the  tTo^ioYxepoueet 
Xeponset  river  and  the  beds,  shores  and  waters  of  said  ™*^adows. 
river  in  the  towns  of  Canton,  Sharon,  Xorwood,  Dedham, 
Milton  and  Hyde  Park,  and  report  whether  their  condition 
is  dangerous  or  injurious  to  the  public  health  by  reason  of 
stagnant  water  or  refuse    from   manufactories,   or  other 
causes.     If  said  board  shall  find  that  the  condition  of  the 
meadows  or  of  the  beds,  shores  or  waters  is  dangerous  or 
injurious  to  the  public  health,  they  shall  recommend  some 
plan  for  improving  their  sanitary  condition  and  for  the 
removal  of  any  nuisance  therefrom,  and  report  the  same 
to  the  next  general  court.     The  board  may  expend  a  sum 
not  exceeding  three  thousand  dollars  in  carrying  out  the 
provisions  of  this  resolve.  Approved  May  9,  1895. 

Resolve  providing  for  certain  repairs  at  the  state  normal  nisft^t    S4 

SCHOOL  AT  WORCESTER.  -^* 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Normal  Bchooi 
treasury   of    the    Commonwealth    a   sum    not    exceeding  "'  w°''<=««''-'''- 
twenty  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  state  board  of  education  at  the  state  normal 
school  at  Worcester  for  repairs,  alterations  and  improved 
sanitary  appliances.  Approved  May  9,  1895. 

Resolve  providing  for  the  construction  of  workshops  and  (JJiar)    85 

CERTAIN    repairs  AT  THE   MASSACHUSETTS   REFORMATORY. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  Commonwealth  a  sum  not  exceeding  '"®^°''™^^°'"^  • 
twelve  thousand  five  hundred  dollars,  to  be  expended  at 
the  Massachusetts  reformatory  at  Concord  under  the  direc- 
tion of  the  commissioners  of  prisons,  for  the  following 
purposes,  to  wit: — For  the  construction  of  workshops 
to  replace  existing  wooden  shops,  a  sum  not  exceeding 
ten  thousand  dollars ;  for  painting  and  repairing  officers' 
houses,  a  sum  not  exceeding  two  thousand  fi\e  hundred 
dollars.  Approved  May  14,  1895. 


672  Kesolves,  189G.  — Chaps.  86,  87,  88,  89. 


CTlClJ).  SG  Resolve  to  confirm  the  acts  of  lewis  ^y.  iiotves  as  a  notary 

PUBLIC. 

Lewis^w.    ^  Resolved,  That  all  the  acts  done  by  Lewis  W.  Howes 

pubiic.'acts  of  Boston  as  a  notary  pu])lic,  between  the  seventh  day  of 
riue  .  April  in  the  year  eighteen  hundred  and  ninety-three  and 
the  sixth  day  of  March  in  the  year  eighteen  hundred  and 
ninety-five,  are  hereby  confirmed  and  made  valid  to  the 
same  extent  as  though  he  had  been  during  that  time  quali- 
fied to  discharge  the  duties  of  said  ofiice. 

Aj^proved  May  14,  1895. 

Chap.  87  Resolve  to  provide  for  furnishing  the  new  buildings  of 

the  medfield  insane  asylum, 

fsykm!!^'°''°'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasurj^  of  the  Commonwealth  a  sum  not  exceeding  forty 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  trustees  of  the  Medfield  insane  asylum  for  the  purpose 
of  furnishing  the  eighteen  buildings  now  nearly  completed. 

Approved  May  14,  1895. 

Gliav.  88  Resolve   relative   to    the    compensation   for   travel    and 

attendance    of    JAMES    P.    NILES,    SENATOR    FROM    THE    SECOND 
MIDDLESEX  DISTRICT. 

compe^kuo'n?'  Rcsolved,  That  James  P.  Niles,  senator  from  the  second 
Middlesex  district,  be  allowed  the  same  compensation  for 
travel  and  attendance  for  the  current  session  that  is  pro- 
vided by  section  four  of  chapter  fifty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two,  for  members 
of  the  senate  and  house  of  representatives  for  the  regular 
annual  session.  Approved  May  14,  1895. 

Clian,  89  Resolve  to  provide  for  obtaining  plans  for  a  prison  for 
THE  confinement  of  minor  offenders. 

ro'^mTemlnt  of  Resolved,  That  the  commissioners  of  prisons  be  author- 
minoroffenturs,  \zq^  fo  obtaiu  plaiis  for  buildiugs  to  be  used  for  the  con- 
finement of  prisoners  convicted  of  such  minor  ofi'ences  as 
are  now  punishable  in  count}^  prisons,  said  buildings  to 
be  so  arranged  as  to  provide  for  one  hundred  and  fifty 
inmates  and  to  be  constructed  at  the  smallest  cost  consist- 
ent with  security  and  proper  administration.  They  may 
expend  for  such  plans  a  sum  not  exceeding  three  hundred 
dollars,  and  shall  present  said  ]:)lans  with  an  estimate  of 
the  cost  of  constructing:  such  buildinirs  to  the  next  general 


Resolves,  1895.  -  Chaps.  90,  91,  92,  93.  673 

court  liefore  the  third  Tuesday  in  Januar}-  in  the  year 
eighteen  hundred  and  ninety-six. 

A2:iproved  May  14,  1S95. 

Resolve   rRoviDiNG  for  certain  repairs  axd  improvements  QJiq^^^   QQ 

AT  THE   STATE  PRISON. 

Hesoh'ed,  That  there  be  allowed  and  paid  out  of  the  state  prison. 
treasuiy  of  the  Commonwealth  a  sum  not  exceeding  six 
thousand  dollars,  to  be  expended  at  the  state  prison  at 
Boston  under  the  direction  of  the  commissioners  of  pris- 
ons, for  the  following  purposes,  to  wit: — For  repairing 
and  altering  the  kitchen  of  the  prison,  a  sum  not  exceeding- 
three  thousand  dollars ;  for  furnishing  the  houses  of  the 
warden  and  deputy  warden,  a  sum  not  exceeding  twenty- 
live  hundred  dollars  ;  and  for  repairing  said  houses,  a  sum 
not  exceeding  live  hundred  dollars. 

Approved  May  14,  1895. 

Resolve    providing   for   the    purchase    of   a   portrait    of  (JJidp,  91 

HENRY    WILSON, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Portrait  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five    "^""^^ 
hundred  dollars,  to  be  expended  under  the  direction  of  the 
governor  and  council  in  purchasing  the  portrait  of  Henry 
A7ilson  now  on  exhibition  in  the  reading  room  of  the  house 
of  representatives.  Approved  May  17,  1895. 

Resolve  providing  for  an  additional  expenditure  in  pub-  QJidj)^   92 

LISHING    the    historical     ADDRESS    DELIVERED    IN    THE    HOUSE 
op  REPRESENTATIVES   BY   ALFRED   S.  EOE  OF   WORCESTER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Historical 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six  Aiued  s.  Roe. 
hundred  and  fifty  dollars,  to  meet  the  expenses  of  publish- 
ing the  historical  address  delivered  in  the  house  f)f  repre- 
sentatives by  Alfred  S.  Roe  of  Worcester  on  the  third  day 
of  January  in  the  present  year,  this  amount  to  be  in  ad- 
dition to  the  amount  authorized  by  chapter  three  of  the 
resolves  of  the  present  year.         Apiproved  May  17,  1895. 

Resolve  granting  a  county  tax  for  the  county  of  barn-  r*h(fjj    QQ 

STABLE. 

Resolved,  That  the  county  commissioners  for  the  county  County  tax, 
of  Barnstable  are  hereby  authorized  to  levy  as  the  county 


67tt  Resolves,  1895.  —  Chap.  93. 

BarnsfaWe'  ^^^  ^^  ^^^'^  couiity  foi"  tlic  Current  year,  in  the  manner 
])r()vided  hy  law,  the  sum  of  twenty-four  thousand  dollars, 
to  be  expended  for  the  folio  wing  purposes,  to  wit :  — 

For  salaries,  a  sum  not  exceedins:  six  thousand  eii^ht 
hundred  dollars. 

For  county  commissioners'  travel,  a  sum  not  exceeding 
three  hundred  and  tifty  dollars. 

For  terms  of  court,  a  sum  not  exceeding  two  thousand 
dollars. 

For  criminal  prosecutions,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  support   of  prisoners,   a  sum   not  exceeding  two 
thousand  five  hundred  dollars. 

For  county  buildings,  a  sum  not  exceeding  one  thou- 
sand dollars. 

For  the  register  of  deeds'  office,  a  sum  not  exceeding 
four  hundred  and  fifty  dollars. 

For  the  probate  office,  a  sum  not  exceeding  two  hun- 
dred dollars. 

For  the  county  treasurer's  office,  a  sum  not  exceeding 
one  hundred  dollars. 

For  the  clerk's  office,  a  sum  not  exceeding  one  hundred 
and  fifty  dollars. 

For  medical  examiners,  a  sum  not  exceeding  four  hun- 
dred dollars. 

For  the  first  district  court,  a  sum  not  exceeding  five 
hundred  dollars. 

For  the  second  district  court,  a  sum  not  exceeding  nine 
hundred  dollars. 

For    fuel,    a    sum    not    exceeding   five   hundred    dol- 
lars. 

For  roads  and  bridges,  a  sum  not  exceeding  two  thou- 
sand two  hundred  dollars. 

For  insane  cases,  a  sum  not  exceeding  three  hundred 
and  fifty  dollars. 

For  bounty  on  seals,  a  sum  not  exceeding  one  hundred 
and  fifty  dollars. 

For  miscellaneous  expenses,  a  sum  not  exceeding  fifty 
dollars. 

For  the  payment  of  the  court  house  loan,  a  sum  not  ex- 
ceeding nine  hundred  dollars. 

For  the  reduction  of  the  county  debt  and  payment  of 
interest,  a  sum  not  exceeding  two  thousand  dollars. 

Ajwoved  May  17,  1895. 


Kesolves,  1895.  — Chap.  94.  675 


Resolve  gkaxting  a  county  tax  for  the  county  of  Berkshire.  (Jfidj)^   94. 

Resolved,  That  the  county  commissioners  for  the  county  Cjunty  tax, 
of  Berkshire  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  seventy-eight  thousand 
dollars,  to  be  expended  for  the  following  purposes,  to 
wit:  — 

For  the  payment  of  grand  and  traverse  jurors,  a  sum 
not  exceeding  tive  thousand  dollars. 

For  salaries  of  county  commissioners,  a  sum  not  exceed- 
iuo;  two  thousand  one  hundred  dollars. 

For  the  salary  of  the  clerk  of  courts,  a  sum  not  exceed- 
ing two  thousand  eight  hundred  dollars. 

For  the  salary  of  the  county  treasurer,  a  sum  not  ex- 
ceeding one  thousand  five  hundred  dollars. 

For  the  salary  of  the  sherifl',  a  sum  not  exceeding  one 
thousand  six  hundred  dollars. 

For  salaries  of  justices  of  district  and  police  courts,  a 
sum  not  exceeding  six  thousand  three  hundred  dollars. 

For  salaries  of  clerks  of  district  and  police  courts,  a 
sum  not  exceeding  two  thousand  two  hundred  dollars. 

For  salaries  of  probation  ofiicers,  a  sum  not  exceeding 
two  thousand  dollars. 

For  salaries  of  janitor  and  messenger,  a  sum  not  exceed- 
ing eight  hundred  dollars. 

For  clerk  hire  in  clerk's  ofiice,  a  sum  not  exceeding 
nine  hundred  dollars. 

For  medical  examiners,  constables  and  commitment  of 
lunatics,  a  sum  not  exceedino-  one  thousand  eiirht  hundred 
dollars. 

For  officers  of  courts  and  service  of  notices,  a  sum  not 
exceeding  one  thousand  seven  hundred  dollars. 

For  stationery,  record  books,  blanks  and  advertising, 
a  sum  not  exceeding  one  thousand  four  hundred  dollars. 

For  fuel,  lights  and  repairs,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  expenses  of  district  and  police  courts,  a  sum  not 
exceeding  one  thousand  eight  hundred  dollars. 

For  indexing  records,  a  sum  not  exceeding  three  hun- 
dred dollars. 

For  expenses  at  the  house  of  correction,  including  the 
salary  of  the  master,  a  sum  not  exceeding  fifteen  thousand 
dollars. 


676  Resolves,  1895.  — Chap.  95. 

Berkshire!'  ^^^'  ^'^^^  damages  and  making  roads,  a  sum  not  exceed- 

ing two  thousand  dollars. 

For  state  highways,  a  sum  not  exceeding  one  thousand 
dollars. 

For  expenses  of  truant  school,  a  sum  not  exceeding  one 
thousand  eight  hundred  dollars. 

For  costs  of  criminal  prosecutions,  a  sum  not  exceeding 
seven  thousand  dollars. 

For  auditors  and  stenographers,  a  sum  not  exceeding 
five  hundred  dollars. 

For  the  reduction  of  the  county  debt,  a  sum  not  exceed- 
ing ten  thousand  dollars. 

For  interest,  a  sum  not  exceeding  seven  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  a  sum  not 
exceeding  two  thousand  dollars. 

Approved  3Iay  17,  1895. 

Chctp.  95  Resolve  granting  a  county  tax  for  the  county  of  Bristol. 
County  tax,  Resolvcd^  That  the  county  commissioners  for  the  county 

of  Bristol  are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  sum  of  two  hundred  and  fifty  thousand 
dollars,  to  be  expended  for  the  following  purposes,  to 
wit :  — 

For  criminal  costs,  a  sum  not  exceeding  thirteen  thou- 
sand dollars. 

For  the  support  of  prisoners  in  jails  and  in  the  house 
of  correction,  a  sum  not  exceeding  twenty-seven  thousand 
dollars. 

For  salaries  of  masters  and  assistants  in  jails  and  in  the 
house  of  correction,  a  sum  not  exceeding  twenty-four 
thousand  dollars. 

For  the  compensation  of  gi-and  and  traverse  jurors,  a 
sum  not  exceeding  thirteen  thousand  dollars. 

For  salaries  of  justices  and  clerks  of  district  courts,  a 
sum  not  exceeding  fourteen  thousand  five  hundred  dollars. 

For  salaries  of  county  ollicers,  a  sum  not  exceeding 
twelve  thousand  five  hundred  dollars. 

For  deputy  sherifls,  medical  examiners  and  constables, 
a  sum  not  exceeding  six  thousand  dollars. 

For  repairs,  improvements  and  expenses  in  public  1)uild- 
ings,  a  sum  not  exceeding  twenty-six  thousand  dollars. 

For  highway  and  land  damages,  a  sum  not  exceeding 
four  Ihcnisand  dollars. 


Eesolves,  1895.  — Chap.  96.  677 

For  indexino;  and  classifyino;  land  records  and  copyino;  county  tax, 
deeds,  a  sum  not  exceedino-  seven  thousand  dollars. 

For  the  law  library,  a  sum  not  exceeding  three  thou- 
sand dollars. 

For  insane  cases,  a  sum  not  exceeding  two  thousand 
■five  hundred  dollars. 

For  auditors'  fees,  a  sum  not  exceeding  two  thousand 
dollars. 

For  interest  on  loans,  a  sum  not  exceeding  twenty-four 
thousand  dollars. 

For  books,  stationery  and  printing,  a  sum  not  exceed- 
ing three  thousand  dollars. 

For  the  reduction  of  tlie  county  debt,  a  sum  not  ex- 
ceeding sixty -two  thousand  five  hundred  dollars. 

For  the  support  of  the  truant  school,  a  sum  not  exceed- 
ing two  thousand  dollars. 

For  rents  and  maintenance  of  district  courts,  a  sum  not 
exceeding  four  thousand  dollars. 

Approved  May  17,  ISO 5. 


Chap,  96 


Resolve  granting  a  county  tax  fok  the  county  of  dukes 

COUNTY. 

Resolved)  That  the  county  commissioners  for  the  county  county  tfsx, 
of  Dukes  County  are  hereby  authorized  to  levy  as  the    "  ^^   °"°  ^' 
county  tax  of  said  county  for  the  current  year,  in  the 
manner  provided  by  law,  the  sum  of  seven  thousand  five 
hundred  dollars,  to  be  expended  for  the  following  pur- 
poses, to  wit :  — 

For  salaries  of  county  commissioners,  a  sum  not  exceed- 
ing four  hundred  dollars. 

For  the  compensation  of  grand  jurors,  a  sum  not  exceed- 
ing two  hundred  and  fifty  dollars. 

For  the  compensation  of  traverse  jurors,   a   sum  not 
exceeding  six  hundred  dollars. 

For  the  compensation  of  the  sheriff  and  his  deputies,  a 
sum  not  exceeding  five  hundred  dollars. 

For  costs  of  criminal  prosecutions,  medical  examiners 
and  inquests,  a  sum  not  exceeding  seven  hundred  dollars. 

For  expenses  at  the  jail  and  house  of  correction,  a  sum 
not  exceeding  eight  hundred  dollars. 

For  highways  and  contingent  expenses,  a  sum  not  ex- 
ceeding two  thousand  seven  hundred  dollars. 

For  the  salary  of  the  county  treasurer,  a  sum  not  ex- 
ceedino;  three  hundred  dollars. 


678  Eesolyes,  1895.  — Chap.  97. 

For  the  salary  of  the  clerk  of  courts,  a  sum  not  exceed- 
ing six  hundred  dollars. 

For  the  salary  of  the  register  of  deeds,  a  sum  not  ex- 
ceeding two  hundred  dollars. 

For  interest  on  the  county  debt,  a  sum  not  exceeding 
four  hundred  and  fifty  dollars.     Ap2:)roved  May  17^  1895.  "• 

Chap.  97    Resolve  gkantixg  a  couxty  tax  fou  the  county  of  essex. 

EsL^sf  ^^^'  Resolved^  That  the  county  commissioners  for  the  county 

of  Essex  are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner  provided 
hj  law,  the  sum  of  two  hundred  and  forty-six  thousand 
four  hundred  and  eighty-one  dollars,  to  be  expended  for 
the  following  purposes,  to  wit :  — 

For  the  reduction  of  the  county  del)t,  a  sum  not  exceed- 
ing twenty-six  thousand  dollars. 

For  interest,  a  sum  not  exceeding  seven  thousand  dollars. 

For  auditors  and  masters,  a  sum  not  exceeding  one  thou- 
sand nine  hundred  and  thirty-one  dollars. 

For  jurors,  officers  and  constables,  a  sum  not  exceeding 
twenty-eight  thousand  dollars. 

For  insane  cases,  a  sum  not  exceeding  four  thousand 
dollars. 

For  the  clerk  of  courts,  a  sum  not  exceeding  eleven 
thousand  dollars. 

For  the  county  commissioners,  a  sum  not  exceeding  five 
thousand  dollars. 

For  the  county  treasurer,  a  sum  not  exceeding  three 
thousand  dollars. 

For  the  register  of  ])robate  and  insolvency  and  the 
register  of  deeds,  a  sum  not  exceeding  four  thousand 
dollars. 

For  the  sheriff,  a  sum  not  exceeding  two  thousand  six 
hundred  and  fifty  dollars. 

For  the  law  lil)rary  association,  a  sum  not  exceeding 
two  thousand  dollars. 

For  the  Salem  court  house,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  the  Lawrence  court  house,  a  sum  not  exceeding  two 
thousand  dollars. 

For  the  Xcwburyport  court  house,  a  sum  not  exceeding 
four  hundred  dollars. 

For  the  district  attorney's  office,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 


Eesolyes,  1895.  — Chap.  98.  679 

For  district  and  police  courts,   a  sum  not  exceeding  county  tax, 
thirty-four  thousand  dolhirs. 

For  trial  justices,  a  sum  not  exceeding  three  thousand 
five  hundred  dollars. 

For  miscellaneous  criminal  expenses,  a  sum  not  exceed- 
ing ten  thousand  dollars. 

For  medical  examiners  and  inquests,  a  sum  not  exceed- 
ing two  thousand  dollars. 

For  the  Lawrence  house  of  correction,  a  sum  not  exceed- 
ing eighteen  thousand  dollars. 

For  the  Salem  house  of  correction,  a  sum  not  exceeding 
thirteen  thousand  dollars. 

For  the  Ipswich  house  of  correction,  a  sum  not  exceed- 
ing fifteen  thousand  dollars. 

For  the  Newburyport  jail,  a  sum  not  exceeding  six  thou- 
sand dollars. 

For  the  truant  school,  a  sum  not  exceeding  six  thousand 
five  hundred  dollars. 

For  highways  and  bridges,  a  sum  not  exceeding  thirty 
thousand  dollars.  Approved  May  17,  1895. 


Resolve  granting  a  county  tax  for  the  county  of  franklin,  /^y  qq 

Resolved,  That  the  county  commissioners  for  the  county  county  tax, 
of  Franklin  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  sum  of  thirty-three  thousand  dollars,  to 
be  expended  for  the  following  purposes,  to  wit :  — 

For  the  compensation  of  grand  and  traverse  jurors,  a 
sum  not  exceeding  three  thousand  dollars. 

For  criminal  expenses,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  ofiicers'  bills  and  supplies,  a  sum  not  exceeding  one 
thousand  two  hundred  dollars. 

For  fuel,  lights  and  water  for  county  buildings,  a  sum 
not  exceeding  one  thousand  five  hundred  dollars. 

For  venires,  a  sum  not  exceeding  two  hundred  and  fifty 
dollars. 

For  expense  of  prisoners,  a  sum  not  exceeding  two  thou- 
sand dollars. 

For  stationery  and  printing,  a  sum  not  exceeding  one 
thousand  dollars. 

For  the  salary  of  the  shcrift*,  a  sum  not  exceeding  eight 
hundred  dollars. 


680  Eesolves,  1895.  — Chap.  99. 

Franklin!^'  ^^^  ^^^^  saliiiy  of  tlic  jailer,  a  sum  not  exceeding  seven 

hundred  dollars. 

For  the  salary  of  the  overseer  of  the  workshop,  a  sum 
not  exceeding  four  hundred  and  eighty  dollars. 

For  the  salary  of  the  turnkey,  a  sum  not  exceeding  six 
hundred  dollars. 

For  the  salary  of  the  matron,  a  sum  not  exceeding  one 
hundred  and  fifty  dollars. 

For  the  salary  of  the  messenger,  a  sum  not  exceeding 
seven  hundred  dollars. 

For  salaries  of  county  and  special  commissioners,  a  sum 
not  exceeding  one  thousand  six  hundred  dollars. 

For  the  salary  of  the  treasurer,  a  sum  not  exceeding  six 
hundred  dollars. 

For  the  salary  of  the  clerk  of  courts,  a  sum  not  exceed- 
ing one  thousand  eight  hundred  dollars. 

For  repairs  on  county  buildings,  a  sum  not  exceeding 
one  thousand  dollars. 

For  interest  on  county  debt,  a  sum  not  exceeding  one 
thousand  six  hundre<l  dollars. 

For  clerk  hire  in  clerk's  office,  a  sum  not  exceeding  five 
hundred  dollars. 

For  land  damages,  a  sum  not  exceeding  one  thousand 
dollars. 

For  the  law  library,  a  sum  not  exceeding  six  hundred 
dollars. 

For  indexing  in  ofiicc  of  register  of  deeds,  a  sum  not 
exceeding  six  thousand  dollars. 

For  contingent  expenses,  a  sum  not  exceeding  nine 
hundred  and  twenty  dollars.         Approved  May  17^  1S95. 


Chap.   99  Resolve  granting  a  county  tax  for  the  county  of  iiampden. 
County  tax,  Hesolvecl,  That  the  county  commissioners  for  the  county 

Hampden.  /•   tt  i  it  "i         •        i  i  j^i  i^ 

ot  Hampden  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  sum  of  one  hundred  and  thirty-five 
thousand  dollars,  to  be  expended  for  the  following  pur- 
poses, to  wit :  — 

For  the  compensation  of  jurors,  a  sum  not  exceeding 
thirteen  thousand  five  hundred  dollars. 

For  the  service  of  venires,  a  sum  not  exceeding  four 
hundred  dollars. 

For  officers  of  courts  and  meals  of  jurors,  a  sum  not 
exceeding  three  thousand  tlolbus. 


Resolves,  1895.  — Chap,  99.  681 

For  salaries  and  expenses  of  county  and  special  com-  county  tax, 
missioners,  a  sum  not  exceeding  two  thousand  six  hundred    ""V"^*^"- 
dollars. 

For  salaries  of  the  sheriff  and  treasurer,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

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

For  land  damages,  a  sum  not  exceeding  five  hundred 
dollars. 

For  the   publication  of  commissioners'  notices,   a  sum 
not  exceeding  two  hundred  dollars. 

For  surveys  of  highways,  a  sum  not  exceeding  one  thou- 
sand dollars. 

For  the  construction  of  highways,  a  sum  not  exceeding 
five  thousand  dollars. 

For  medical  examiners,  a  sum  not  exceeding  one  thou- 
sand five  hundred  dolhirs. 

For  salaries  of  the  messenger  and  engineer  at  the  court 
house,  a  sum  not  exceeding  two  thousand  dollars. 

For  clerk's  assistants  at  the  court  house,  a  sum  not  ex- 
ceeding two  thousand  dollars. 

For  record  books  and  stationery,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  indexing,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  law  library,  a  sum  not  exceeding  one  thousand 
five  hundred  dollars. 

For  repairs  at  the  court  house,  a  sum  not  exceeding  four 
thousand  dollars. 

For  fuel  and  lights  at  the  court  house,  a  sum  not  ex- 
ceeding one  thousand  four  hundred  dollars. 

For  the  clerk  of  courts,  a  sum  not  exceeding  three  thou- 
sand five  hundred  dollars. 

For  miscellaneous  expenses,  a  sum  not  exceeding  one 
thousand  dollars. 

For  interest  on  county  notes,  a  sum  not  exceeding  fifteen 
thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  insane  cases,  a  sum  not  exceeding  one  thousand  five 
hundred  dollars. 

For  the  truant  school,  a  sum  not  exceeding  five  thou- 
sand dollars,  less  receipts. 

For  salaries  of  officers  of  police  and  district  courts,  a 
sum  not  exceedino;  twelve  thousand  dollars. 


682  Resolves,  1895.  — Chap.  100. 

Hampden".^'  ^^F  policG  court   supplies,  a  sum  not  exceeding  one 

thousand  live  hundred  dollars. 

For  probation  ofQeers,  a  sum  not  exceeding  three  thou- 
sand two  hundred  dollars. 

For  the  following  expenses  at  the  jail  and  house  of  cor- 
rection :  — 

For  provisions,  a  sum  not  exceeding  seven  thousand 
five  hundred  dollars. 

For  clothing,  a  sum  not  exceeding  one  thousand  five 
hundred  dollars. 

For  fuel  and  light,  a  sum  not  exceeding  four  thousand 
dollars. 

For  beds  and  bedding,  a  sum  not  exceeding  four  hun- 
dred dollars. 

For  salaries  of  oiEcers,  a  sum  not  exceeding  six  thou- 
sand five  hundred  dollars. 

For  board  of  oflacers  and  employees,  a  sum  not  exceed- 
ing one  thousand  two  hundred  dollars. 

For  additions  and  repairs,  a  sum  not  exceeding  two 
thousand  dollars. 

For  instruction,   a  sum  not  exceeding  three  hundred 
dollars. 

For  furniture  and  utensils,  a  sum  not  exceeding  three 
hundred  dollars. 

For  miscellaneous  expenses,  a  sum  not  exceeding  one 
thousand  dollars. 

For  water  rents,  a  sum  not  exceeding  six  hundred  dol- 
lars. 

For  medicine  and  medical  attendance,  a  sum  not  exceed- 
ing one  thousand  dollars. 

For  the  reduction  of  the  county  debt,  a  sum  not  exceed- 
ing thirty-five  thousand  dollars. 

Approved  May  17,  1S95. 

Cliav  100  Resolve  granting  a  county  tax  for  the  county  of  Hampshire. 

County  tax.  Jlesolved,  That  the  county  commissioners  for  the  county 

Hampshire.       ^^  Hampshire  are  hereby  authorized  to  levy  as  the  county 

tax  of  said  county  for  the  current  3'ear,  in  the  manner 

provided  I)}'  law,  the  sum  of  forty-eight  thousand  dollars, 

to  be  expended  for  the  following  purposes,  to  wit :  — 

For  the  annual  instalment  on  the  county  debt,  a  sum 
not  exceeding  eight  thousand  dollars. 

For  interest,  a  sum  not  exceeding  four  thousand  two 
hundred  dollars. 


Eesolves,  1895.  — Chap.  100.  683 

For  criminal  costs,  a  sum  not  exceeding  two  thousand  HampsWrl' 
dollars. 

For  salaries  of  county  commissioners,  a  sum  not  ex- 
ceeding one  thousand  six  hundred  dollars. 

For  the  clerk  of  courts,  a  sum  not  exceeding  two  thou- 
sand three  hundred  dollars. 

For  the  justice  of  the  district  court,  a  sum  not  exceed- 
ing two  thousand  three  hundred  dollars. 

For  the  clerk  of  the  district  court,  a  sum  not  exceeding 
one  thousand  three  hundred  dollars. 

For  the  sherilf,  a  sum  not  exceeding  one  thousand  dol- 
lars. 

For  the  county  treasurer,  a  sum  not  exceeding  eight 
hundred  dollars. 

For  the  jailer  and  master  of  the  house  of  correction,  a 
sum  not  exceeding  one  thousand  dollars. 

For  the  turnkey,  matron,  physician  and  organist,  a  sum 
not  exceeding  nine  hundred  dollars. 

For  the  probation  officer,  a  sum  not  exceeding  six  hun- 
dred dollars. 

For  the  messenger,  a  sum  not  exceedino-  eiaht  hundred 
dollars. 

For  clerical  assistance,  a  sum  not  exceeding  six  hun- 
dred dollars. 

For  deputy  sheriffs  attending  court,  a  sum  not  exceed- 
ing one  thousand  three  hundred  dollars. 

For  constables  serving  venires,  a  sum  not  exceeding 
three  hundred  and  fifty  dollars. 

For  printing  and  advertising,  a  sum  not  exceeding  one 
thousand  five  hundred  dollars 

For  stationery,  a  sum  not  exceeding  three  hundred  dol- 
lars. 

For  fuel,  lights  and  water,  a  sum  not  exceeding  one 
thousand  four  hundred  dollars. 

For  medical  examiners,  a  su.m  not  exceeding  four  hun- 
dred dollars. 

For  the  law  library,  a  sum  not  exceeding  one  thousand 
dollars. 

For  indexing,  a  sum  not  exceedinij  one  thousand  two 
hundred  dollars. 

For  the  jail  and  house  of  correction,  a  sum  not  exceed- 
ing five  thousand  dollars. 

For  repairs  on  county  buildings,  a  sum  not  exceeding 
five  hundred  dollars. 


6S4:  Resolves,  1895.  — Chap.  101. 

Hampehiie!  For  tliG  cai'e  of  couiitj  bridges,  a  sum  not  exceeding 

one  thousand  dollars. 

For  surveying,  a  sum  not  exceeding  one  hundred  dollars. 

For  irrand  and  traverse  iurors,  a  sum  not  exceedino;  four 
thousand  live  hundred  dollars. 

For  land  damages,  a  sum  not  exceeding  one  hundred 
dollars. 

For  rent  and  postage,  a  sum  not  exceeding  four  hundred 
dollars. 

For  insane  cases,  a  sum  not  exceeding  three  hundred 
dollars. 

For  special  justices  of  the  district  court,  a  sum  not  ex- 
ceeding four  hundred  dollars. 

For  stenographers,  a  sum  not  exceeding  four  hundred 
dollars. 

For  the  truant  school,  a  sum  not  exceeding  two  hundred 
dollars. 

For  miscellaneous  expenses,  a  sum  not  exceeding  two 
hundred  and  fifty  dollars.  A2:)2:)roved  May  17^  1895. 


Chan  101   I^ESOLVE  GRAXTIXG  a  COUXTT  tax  for  the  COUNTr  OF  WORCESTER. 

County  tax,  Hcsolved,  That  the  county  commissioners  for  the  county 

orcester.  ^^  Worccstcr  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner  pro- 
vided hy  law,  the  sum  of  two  hundred  thousand  dollars,  to 
be  expended  for  the  following  purposes,  to  wit :  — 

For  the  payment  of  note  and  interest,  a  sum  not  ex- 
ceeding thirty  thousand  two  hundred  and  fifty  dollars. 

For  the  law  library,  a  sum  not  exceeding  four  thousand 
dollars. 

For  criminal  costs,  a  sum  not  exceeding  twelve  thousand 
dollars. 

For  houses  of  correction,  a  sum  not  exceeding  fifty 
thousand  dollars. 

For  the  compensation  of  auditors  and  masters,  a  sum 
not  exceeding  three  thousand  dollars. 

For  the  compensation  of  jurors,  a  sum  not  exceeding 
twenty  thousand  dollars. 

For  repairs  on  public  buildings,  a  sum  not  exceeding 
five  thousand  dollars. 

For  roads  and  land  damages,  a  sum  not  exceeding  two 
thousand  dollars. 

For  district  court  expenses,  a  sum  not  exceeding  thirty- 
five  thousand  dollars. 


Eesolves,  1895.  — Chap.  102.  6S5 

For  the  sheriff's  salaiy,  a  sum  not  exceeding  two  thou-  county  tas, 

T    ,.  1  1        1111  Worcester. 

sand  live  hundred  dollars. 

For  the  assistant  district  attorney's  salary,  a  sum  not 
exceeding  one  thousand  two  hundred  dollars. 

For  the  office  of  the  clerk  of  courts,  a  sum  not  exceed- 
ing twelve  thousand  live  hundred  dollars. 

For  salaries  of  county  commissioners,  a  sum  not  ex- 
ceeding six  thousand  dollars. 

For  the  salary  of  the  county  treasurer,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

For  court  houses,  care,  fuel  and  lights,  a  sum  not 
exceeding  six  thousand  dollars. 

For  deputy  sheriifs'  attendance  in  court,  a  sum  not 
exceeding  four  thousand  five  hundred  dollars. 

For  stenographer's  salary  and  supplies,  a  sum  not 
exceeding  two  thousand  dollars. 

For  insane  cases,  a  sum  not  exceeding  four  thousand 
dollars. 

For  indexing  deeds,  a  sum  not  exceeding  nine  thousand 
dollars. 

For  serving  venires,  a  sum  not  exceeding  eight  hundred 
dollars. 

For  the  truant  school,  a  sum  not  exceeding  nine  thou- 
sand dollars. 

For  the  registry  of  deeds,  a  sum  not  exceeding  one 
thousand  dollars. 

For  the  registry  of  probate  and  insolvency,  a  sum  not 
exceeding  five  thousand  dollars. 

For  extra  clerical  service  in  the  registry  of  probate  and 
insolvency,  a  sum  not  exceeding  one  thousand  two  hun- 
dred dollars. 

For  trial  justices,  a  sum  not  exceeding  four  thousand 
dollars. 

For  state  highways,  a  sum  not  exceeding  seven  thou- 
sand five  hundred  dollars. 

For  contingent  expenses,  a  sura  not  exceeding  four 
thousand  five  hundred  and  fifty  dollars. 

Approved  May  17,  1895. 


Resolve  granting  a  county  tax  for  the  county  of  Middlesex,  nhn^  1  ()9 

Resolved,  That  the  county  commissioners  for  the  county  ^"^^{Jg^'^^' 
of  Middlesex  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner 


680  Resolves,  1895.  —  Chap.  102. 

Middlesex!'  providcd  ])v  liiw,  tlic  suiii  of  foui'  luindrcd  and  twenty 
thousand  dollars,  to  be  ex})ended  for  the  following  pur- 
poses, to  wit :  — 

For  expenses  in  civil  courts,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  expenses  in  criminal  courts,  a  sum  not  exceeding 
sixtj-five  thousand  dollars. 

For  salaries  of  county  officers,  and  clerical  assistance,  a 
sum  not  exceeding  thirty  thousand  dollars. 

For  salaries  of  justices  and  clerks  of  district  courts,  a 
sum  not  exceeding  thirty-five  thousand  dollars. 

For  support  of  prisoners,  a  sum  not  exceeding  eighty- 
five  thousand  dollars. 

For  highways  and  land  damages,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  fuel,  light  and  water,  a  sum  not  exceeding  six 
thousand  dollars. 

For  making  indexes  and  copying  old  records,  a  sum  not 
exceeding  fifteen  thousand  dollars. 

For  law  and  record  books,  printing  and  stationer}',  a 
sum  not  exceeding  ten  thousand  dollars. 

For  care  of  county  buildings,  a  sum  not  exceeding  five 
thousand  dollars. 

For  medical  examiners,  a  sum  not  exceeding  four  thou- 
sand dollars. 

For  insane  cases,  a  sum  not  exceeding  ten  thousand 
dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  thousand  dollars. 

For  copying  records  for  the  northern  district  reg- 
istry of  deeds,  a  sum  not  exceeding  six  thousand  dol- 
lars. 

For  repairs  and  improvements  on  county  buildings,  a 
sum  not  exceeding  fifteen  thousand  dollars. 

For  truant  school  improvements,  a  sum  not  exceeding 
ten  thousand  dollars. 

For  truant  school  expenses,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  interest,  a  sum  not  exceeding  twenty-four  thousand 
dollars. 

For  the  reduction  of  the  truant  school  debt,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  the  new  registry  building,  a  sum  not  exceeding  ten 
thousand  dollars.  Approved  May  17,  1895. 


Resolves,  1895.  — Chap.  103.  687 

Resolve  granting  a  county  tax  for  the  county  of  Plymouth.  (JJinjy  \ 03 

Resolved,  That  the  couuty  commissioners  for  the  county  county  tax, 
of  Plymouth  are  hereby  authorized  to  levy  as  the  county     ^"^°" 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  ninety-hve  thousand  dollars, 
to  be  expended  for  the  following  purposes,  to  wit :  — 

For  salaries  of  county  officers,  a  sum  not  exceeding 
seven  thousand  five  hundred  dollars. 

For  expenses  at  the  house  of  correction,  a  sum  not 
exceedmg  twelve  thousand  five  hundred  dollars. 

For  janitors,  a  sum  not  exceeding  one  thousand  six 
hundred  dollars. 

For  road  notices  and  monuments,  a  sum  not  exceeding 
one  thousand  dollars. 

For  land  damages,  a  sum  not  exceeding  eight  thousand 
dollars. 

For  towns  for  the  construction  of  highways,  a  sum  not 
exceeding  three  thousand  dollars. 

For  medical  examiners  and  insane  cases,  a  .sum  not 
exceeding  one  thousand  five  hundred  dollars. 

For  furnishings  for  county  buildings,  a  sum  not  exceed- 
ing nine  hundred  dollars. 

For  repairs  of  county  buildings,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  water,  light  and  fuel,  a  sum  not  exceeding  tw^o 
thousand  dollars. 

For  record  books  and  stationery,  a  sum  not  exceeding 
one  thousand  dollars. 

For  indexes,  a  sum  not  exceeding  one  thousand  dollars. 

For  interest  on  the  county  debt,  a  sum  not  exceeding 
seven  thousand  dollars. 

For  costs  in  criminal  prosecutions,  a  sum  not  exceeding 
three  thousand  dollars. 

For  witness  fees,  a  sum  not  exceeding  three  thousand 
dollars. 

For  the  compensation  of  jurors  and  of  the  stenographer 
and  assistant  district  attorney,  a  sum  not  exceeding  eight 
thousand  dollars. 

For  the  compensation  of  deputj^  sheriffs  and  constables, 
a  sum  not  exceeding  two  thousand  five  hundred  dol- 
lars. 

For  the  expenses  of  the  district  courts,  in  excess  of 
receipts,  a  sum  not  exceeding  eleven  thousand  dollars. 


GSS  Resolves,  1895.  —  Chaps.  104,  105,  lOG. 

For  the  truant  school,  a  sum  notexceedmg  one  thousand 
doHars. 

For  surveys,  a  sum  not  exceedinfir  one  thousand  dollars. 

For  miscellaneous  expenses,  including  printing,  a  sum 
not  exceeding  two  thousand  dollars. 

For  the  reduction  of  the  county  debt,  a  sum  not  exceed- 
ing lifteen  thousand  dollars.  Approved  May  17,  1895. 

CAttZ>.104:  KeSOLVE  providing-  FOR  THE  RENEWAL   OF  THE   APPOIXTMEXT  OF 
THE  STATE  MttlTAKY  AND   NAVAL  HISTORIAN. 

^avarwBtorian.  liesolvecl,  That  the  governor  and  council  be  and  they 
are  hereby  authorized  to  renew  the  appointment  of  the 
state  military  and  naval  historian,  at  the  present  rate  of 
compensation  and  allowances,  to  continue  for  such  period, 
not  exceeding  one  year,  as  may  be  necessary  for  the  pur- 
})Ose  of  supervising  the  publication  of  his  work  and  for 
the  proper  use  of  such  new  material  us  may  be  ol)tained 
from  the  war  department  or  elsewhere  during  the  process 
of  publication.  Api^roved  May  21 ,  1895. 

Chap.lOo  Resolve  in  favor  of  eugene  a.  Conner. 

Ki:^',uieA.  Hesolved,    That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Eugene  A.  Conner  of 
AValtham,  the  sum  of  two  hundred  and  fifty  dollars,  in 
full  compensation  for  injuries  received  by  said  Conner 
while  in  the  discharge  of  his  duties  as  an  employee  of  the 
gypsy  moth  commission.  Approved  May  21,  1895. 

Chap.^OQ  Resolve  relatr-e  to  the  boundary  line  betaveen  the  com- 
monwealth OF  MASSACHUSETTS  AND  THE  STATE  OF  NEW 
HAMPSHIRE. 

bet"°c^e^n  Mas^a  Resolved,  That  the  line  agreed  upon  by  the  commis- 
chusettBand  sioucrs  ou  the  part  of  the  state  of  New  Hampshire  and  the 
shire.  "'"'''  Commonwealth  of  ^Massachusetts,  by  their  agreement  dated 
the  eighteenth  day  of  June  in  the  year  eighteen  hundred 
and  ninety-four  and  referred  to  in  the  report  of  said  com- 
missioners for  this  Conmionwealth  at  the  present  session 
of  the  legislature,  be  assented  to  on  the  part  of  this  Com- 
monwealth ;  and  that  when  said  line  as  therein  described 
shall  have  been  run,  marked  by  proper  monuments,  and  a 
map  of  the  same,  ajiproved  by  said  connnissioners  for  this 
Commonwealth,  shall  have  been  filed  in  the  office  of  the 
secretary  of  state,  said  line  shall  be  established  as  the 


Kesolves,  1895.  — Chaps.  107,  108.  689 

boundary  line  between  said  state  and  said  Commonwealth  Boundary  line 

^  belweeii  Mausa- 

from  the  boundary  pine  monument  to  the  southwest  corner  chusettsand 
of  the  state  of  New  Hampshire  ;  and  that  said  corner,  being  am^.  '"°^" 
the  corner  where  the  three  states,  viz.  :  — Vermont,  Massa- 
chusetts and  New  Hampshire,  meet  at  South  Vernon,  as 
agreed  upon  by  the  commissioners  for  this  Commonwealth 
and  the  commissioners  for  the  states  of  Vermont  and  New 
Hampshire  by  their  tripartite  agreement  dated  the  twenty- 
sixth  day  of  October  in  the  year  eighteen  hundred  and 
ninety-four  and  referred  to  in  said  report,  be  approved  and 
assented  to  by  this  Commonwealth  ;  and  that  said  com- 
missioners for  this  Commonwealth  be  fully  empowered  to 
carry  out  said  agreements,  and  to  run  and  map  the  line 
aforesaid  and  to  cause  the  same  to  be  marked  and  defined 
by  suitable  monuments,  and  to  join  the  states  of  Vermont 
and  New  Hampshire  in  erecting  a  suitable  corner  monu- 
ment at  the  locality  designated  in  said  agreement.  This 
resolve  shall  take  effect  when  said  state  of  New  Hampshire 
shall  have  agreed  to  establish  said  line  and  said  state  of 
Vermont  shall  have  established  said  corner  as  her  south- 
east corner,  and  information  thereof  shall  have  been  fur- 
nished the  governor.  His  excellency  the  governor  of  this 
Commonwealth  is  requested  to  transmit  copies  of  this  re- 
solve to  his  excellency  the  governor  of  New  Hampshire 
and  to  his  excellency  the  governor  of  Vermont. 

Approved  May  25,  1S95. 


Resolve  extending  the  time  for  the   keport   of  the   joint  ^^yy^"in7 

BOARD  AI'POINTED   TO   SUBMIT   PLANS   FOR  THE   IMPROVEMENT   OF  -^ 

THE  UPPER  PART   OF  TUE   CHARLES  RIVER. 

Resolved,  That  the  time  for  filins;  the  report  of  the  joint  Report  on 

.  ,  ,    '^    ,  ,  '^  ,  -,  ''  improvement  of 

board  appointed  under  chapter  hve  hundred  and  twenty- charies  rivf-r. 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  providing  for  the  improvement  of  the  Charles  river 
and  its  banks,  is  hereb}'  extended,  and  said  board  is  hereby 
authorized  to  report  to  the  next  general  court. 

Approved  May  23,  1895. 


Resolve  granting  a  county  tax  for  the  county  of  Norfolk.  (JJiartJ^Q'^ 

Resolved,  That  the  county  commissioners  for  the  county  County  tax, 
of  Norfolk  are  hereby  authorized  to  levy  as  the  county  tax  "^  ""^  "   • 
of  said  county  for  the  current  year,  in  the  manner  pro- 


690  Resolves,  1895.  — Chap.  108. 

No"fo?k!*^'  vided  by  law,  the  sum  of  one  hundred  and  sixty  thousand 
dollars,  to  be  expended  for  the  following  purposes,  to 
"wit :  — 

For  the  payment  of  criminal  costs,  a  sum  not  exceeding 
twenty-seven  thousand  dollars. 

For  interest  on  borrovved  money,  a  sum  not  exceeding 
seven  thousand  five  hundred  dollars. 

For  fees  and  expenses  of  medical  examiners,  a  sum  not 
exceeding  eight  hundred  dollars. 

For  civil  court  expenses,  a  sum  not  exceeding  fourteen 
thousand  five  hundred  dollars. 

For  insane  cases,  a  sum  not  exceeding  one  thousand  two 
hundred  dollars. 

For  masters  and  auditors,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  salaries  of  county  officers  and  employees,  a  sum 
not  exceeding  thirteen  thousand  five  hundred  dollars. 

For  salaries  of  justices  and  clerks  of  courts,  a  sum  not 
exceeding  six  thousand  five  hundred  dollars. 
"    For  the  support  of  prisoners,  a  sum  not  exceeding  six- 
teen thousand  dollars. 

For  the  addition  to  the  county  court  house,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  repairs  and  furnishing  of  county  buildings,  a  sum 
not  exceeding  twenty  thousand  dollars. 

For  highways  and  bridges,  a  sum  not  exceeding  twenty 
thousand  dollars. 

For  books,  stationery,  etc.,  a  sum  not  exceeding  four 
thousand  dollars. 

For  making  indexes,  a  sum  not  exceeding  four  thousand 
dollars. 

For  fuel,  light  and  water,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  the  care  of  the  county  court  house,  a  sum  not  ex- 
ceeding three  thousand  five  hundred  dollars. 

For  the  support  of  tlio  truant  school,  a  sum  not  exceed- 
ing live  thousand  dollars. 

For  miscellaneous  expenses,  a  sum  not  exceeding  three 
thousand  dollars. 

For  dedicating  the  court  house  and  celebrating  the  cen- 
tennial of  the  county,  a  sum  not  exceeding  five  hundred 
dollars. 

For  the  payment  of  a  note,  a  sum  not  exceeding  five 
thousand  dollars.  Approved  May  25,  1895. 


Kesolves,  1895.  —  Chaps.  109,  110,  111,  112.  691 


Resolve  providing  for  the  preparation  of  a  Rt'viSEO  draft  (JJinf)  109 

OF   THE   constitution   OF   THE    COMMONWEALTH    IN    ITS    PRESENT 
FORM. 

Resolved,  That  the  secretary  of  the  Commonwealth  be  Revised  draft 
instructed  to  prepare  and  report  in  print  to  the  general  °^  constitution. 
court  at  its  present  session  a  revised  draft  of  the  consti- 
tution of  the  Commonwealth,  omitting  the  parts  thereof 
which  have  been  annulled  or  are  inoperative,  and  adding 
proper  headings,  marginal  notes,  and  an  index. 

Approved  May  29,  1895. 

Resolve  relative  to  bridges  over  charles  efv^er.  Chnn  110 

Hesolced,  That  the  governor  in  behalf  of  the  Common-  Bridges  over 
wealth  memorialize  congress  for  authority  to  permit  bridges  Chariesnver. 
to  be  built  over  Charles  river  above  the  present  Charles 
river  bridge,  with  or  without  draws  therein,  and  also  a 
dam  to  be  constructed  in  said  river,  as  the  general  court 
may  in  its  discretion  determine. 

Approved  May  29,  1895. 

Resolve  in  favor  of  william  s.  shurtleff.  /-^j        -i  -<  t 

L  nap. ILL 

Bei^olied,  That  there  be  allowed  and  paid  out  of  the  wiiiiam s. 
treasury  of  the  Commonwealth  to  William  S.  Shurtletf,  sJ'^^ieff. 
judge  of  probate  and  insolvency  for  the  county  of  Hamp- 
den, the  sum  of  one  hundred  dollars,  in  full  compensation 
for  services  and  expenses  in  discharging  the  duties  of 
judge  of  probate  and  insolvency  for  the  county  of  Berk- 
shire, between  the  twenty-first  day  of  November  and  the 
eighth  day  of  Decemljer  in  the  year  eighteen  hundred  and 
ninety-four.  Approved  May  29,  1895. 


Chap.112 


Resolve  relative  to  sewage  disposal  and  drainage  in  salem 

AND  PEABODY. 

Resolved,    That  the    state   board  of   health    is  hereby  Report  on 
authorized  and  directed  to  consider  and  report  a  general  ase%"tc°/for 
system  of  drainao:e  and  sewerao;e  for  the  city  of  Salem  saiemand 

"     1  r  -r^      -t^     -I  f  Peabody. 

and  town  of  Feabody,  or  for  such  parts  of  said  city  and 
town,  not  all  of  which  shall  be  wholly  within  either  of 
said  municipalities,  as  may,  in  the  opinion  of  said  board, 
be  best  drained  by  said  system.  It  shall  be  the  duty  of 
said  board:  —  First.  To  designate  the  portions  of  said 
city  and  town  which  shall  be  tributary  to  and  embraced 


692  Resolves,  1895.  — Chap.  112. 

^of*iimimiae,  ^^  ^^iG  district  aiid  system  to  lie  so  reported,  and  to  define 
MdPelbod''"'  ^^'^'  same  by  their  report,  with  plans  and  maps.  Second. 
To  define  and  show,  by  suitable  plans  and  maps,  such 
trunk  line  and  main  branches  as  it  shall  reconnnend  to  be 
constructed,  with  outlet.  Third.  To  consider  the  vari- 
ous methods  of  disposal  of  sewage  and  the  ai)plicati()n  of 
such  methods  to  any  portion  of  the  territory  herein  men- 
tioned;  and  to  define  the  methods  l)y  which  said  city  and 
town,  or  parts  of  said  city  and  town,  may  utilize  said 
trunk  line  and  main  branches  as  an  outlet  of  a  system  of 
sewerao-e  and  drainage  for  said  city  and  town  and  said 
parts  of  said  city  and  town  respectively  ;  and  to  show 
the  same  by  plans  and  maps.  Fourth.  To  employ  such 
engineering  and  other  assistance  as  may  be  necessary  for 
carrying  out  the  objects  of  this  resolve,  and  to  cause  such 
surveys  and  levels  to  be  made  as  will  enable  said  board  to 
determine  with  accuracy  the  location  and  grades  of  said 
trunk  line  and  main  branches,  and  also  such  surveys  and 
levels  in  said  city  and  town,  and  parts  of  said  city  and 
town,  as  will  enable  said  board  to  determine  with  accuracy 
the  methods  by  which  said  city  and  town,  and  parts  of 
said  city  and  town,  may  respectively  utilize  said  trunk 
line  and  main  branches,  and  to  report  such  methods  by 
plans  showing  the  main  lines  by  which  each  may  so  pro- 
vide for  itself  a  system  of  sewerage  an^  drainage  "with  its 
outlet  into  said  trunk  line  or  main  branches.  Fifth.  To 
define  the  size  and  capacity  of  said  trunk  line  and  main 
branches,  and  the  materials  of  which  they  should  be  con- 
structed and  manner  of  constniction,  and  such  other 
particulars  as  will  enable  said  board  to  determine  the 
probable  expense  thereof;  and  to  ascertain  and  re})ort  the 
cost  of  the  construction  of  said  trunk  line  and  main 
branches  and  outlet,  and  to  report  a  recommendation  as 
to  the  methods  of  apportioning  said  cost.  All  expenses 
incurred  by  said  board  under  the  provisions  of  this  resolve 
shall  be  reported  to  the  governor  and  council,  and  all  such 
expenses  when  approved  by  them  shall  be  paid  out  of  the 
treasury  of  the  Commonwealth  ;  but  the  total  expenditure 
shall  not  exceed  three  thousand  dollars.  The  Common- 
wealth shall  be  reimbursed  for  such  expenditure  under 
this  resolve  as  shall  have  been  approved  by  the  governor 
and  council  in  the  following  manner: — The  town  of 
Peabody  and  the  city  of  Salem  shall  each  pay  such  pro- 
portion of  tlu^  above;  expenditure  as  the  said  board  shall 


Eesolves,  1895.  — Chaps.  113,  111.  693 

deem  to  be  equitable,  and  the  amounts  so  to  be  paid  by 
each  shall  be  assessed  and  collected  by  the  treasurer  of 
the  Commonwealth  at  the  time  required  for  the  payment 
of  the  state  tax  of  said  town  and  said  city  respectively. 
Said  board  shall  make  all  reports  required  by  this  resolve 
to  the  general  court  on  or  before  the  first  Wednesday  of 
January  in  the  year  eighteen  hundred  and  ninety-six. 

Ajyproved  May  29,  1895. 


Chap,llS 


Resolve  relative  to  the  pakticipation  of  the  common- 
wealth IN  THE  cotton  STATES  AND  INTERNATIONAL  EXPOSI- 
TION TO   BE  HELD    IN  ATLANTA   IN  THE  STATE   OP   GEORGIA. 

Resolved,  That  for  the  purpose  of  exhibiting  the  re-  Exposition 
sources,  products  and  general  development  of  the  Com-  Georgia,  board 
mon  wealth,  at  the  cotton  states  and  international  exposition  app^Ji^mment, 
to  be  held  in  Atlanta  in  the  state  of  Georgia  from  the  ^'''• 
eighteenth  day  of  September  to  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-five, 
a  board  of  managers  of  Massachusetts,  consisting  of  five 
residents  of  the  Commonwealth,  of  whom  three  shall  be 
men  and  two  women,  shall  be  appointed  by  the  governor 
by  and  with  the  consent  of  the  council.  Said  managers 
shall  have  charge  of  the  interests  of  the  Commonwealth 
and  its  citizens  in  the  preparation  and  exhibition  at  said 
exposition  of  the  natural  and  industrial  products  of  the 
Commonwealth,  and  of  her  textile  fal>rics  and  various 
manufactures.  They  shall  communicate  with  the  ofiicers 
of  said  exposition  and  obtain  and  disseminate  through  the 
Commonwealth  all  necessary  information  regarding  the 
same  ;  and  in  general  shall  have  and  exercise  full  authority 
in  relation  to  the  participation  of  the  Commonwealth  and 
its  citizens  in  said  exposition.  Said  managers,  with  the 
approval  of  the  governor,  may  appoint  delegates,  not 
more  than  ten  in  number,  whose  expenses  incurred  in 
carrying  out  the  provisions  of  this  resolve  shall  be  de- 
frayed by  the  Conmion wealth.  To  carry  out  the  provi- 
sions of  this  resolve  a  sum  not  exceedhig  twenty-five 
thousand  dollars  may  be  expended  under  the  direction 
of  the  governor  and  council.  Approved  June  1,  1895. 

Resolve  relative  to  the  dedication  of  the  national  military  Ci'hQjx  1X4 

PARK  ON  the  battlefields  OF  CHICICAMAUGA  AND  CHATTANOOGA.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Dedication  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ten  military  park. 


694  Resolves,  1895.  — Chaps.  115,  116. 

Kna?°°  °^  tliousand  dollnvs,  to  be  oxpendod  under  the  direction  of 
military  park,  ^jj^  govemor  and  council,  to  enable  the  Common  weaRh  to 
1)6  ])roperly  represented  at  the  dedication  ceremonies  to 
be  held  at  Cliickamauga  in  the  state  of  Georgia,  and  Chat- 
tanooga in  the  state  of  Tennessee,  in  the  month  of  Septem- 
ber in  the  year  eighteen  hundred  and  ninety-hve,  tlirough 
the  following  oflicials  :  —  His  excellency  the  governor  and 
ciiiht  nieinl)ers  of  his  stall',  the  lieutenant  g-overnor  and 
four  members  of  the  executive  council,  the  secretary  of 
the  Commonwealth,  the  treasurer  and  receiver  general,  the 
auditor  of  accounts,  the  attorney-general,  the  president 
of  the  senate,  the  speaker  of  the  house,  the  joint  com- 
mittee on  military  affairs,  a  special  committee  of  nine 
members  of  the  senate  and  twenty-two  meml)ers  of  the 
house,  to  be  appointed  by  the  presiding  officers  of  the  two 
branches,  respectively,  the  clerk  of  the  senate,  the  clerk 
of  the  house,  the  sergeant-at-arms,  and  a  delegation  of 
three  members  each,  from  the  second  and  thirty-third 
regiments  of  Massachusetts  volunteers  who  were  present 
in  the  battles  of  Chickamauga  and  Chattanooga.  Any 
vacancies  occurring  in  said  joint  connnittee  on  military 
affairs  or  joint  special  committee  may  be  tilled  by  the 
presiding  officer  of  the  branch  in  the  representation  of 
which  such  vacancies  occur.  Approved  June  4,  1S95. 

Chav.115  Resolve  in  favor  of  james  n.  tooiax. 

James N.  Jiesolvedy  That  iu  iccognition  of  the  long  and  faithful 

Toiinan.  sorvicc  of  Jauies  N.  Tolman,  a  messenger  in  the  sergeant- 

at-arms'  department,  who  has  been  employed  therein  as 
watchman,  sergeant-at-arms'  messenger  and  in  charge  of 
the  legislative  document  room  for  nearly  fifty  years,  and 
is  now  afflicted  with  a  disease  which  incapacitates  him 
from  further  service,  the  sergeant-at-arms  be  allowed  to 
continue  the  said  James  N.  Tolman  on  his  pay  roll  for 
the  terra  of  one  year  from  the  date  of  the  passage  of  this 
resolve,  which  sum  shall  be  paid  out  of  the  treasury  of 
the  Commonwealth  to  the  said  eTames  N.  Tolman  monthly, 
and,  in  case  of  his  death,  the  same  sum  per  month  shall 
be  i)aid  to  his  widow"  to  the  end  of  the  year  provided  for 
by  this  resolve.  Approved  June  4,  1895. 

Ch(XT>  116  I^I^'SOLVE   TO   COXFIHil   THE   ACTS   OF   GEORGE   C.    AHBOTT  AS    A    JUS- 
TICE  OF  THE  PEACE. 

George  c.  Resolved,  That  all  the  acts  done  by  George  C.  Abbott 

Abbott,  justice  c    -w     ^  •  ■  <•      i  i  i 

of  the  peace,       oi  JNlelrosc  as  a  justice  ot  the  i)cace,  between  the  twelfth 

acLH  confirmed- 


Resolves,  1895.  —  Chaps.  117,  118,  119,  120.  695 

day  of  August  iu  the  year  eighteen  hundred  and  ninety- 
four  and  the  fourth  day  of  May  iu  the  year  eighteen  hun- 
dred and  ninety-hve,  are  hereby  contirnied  and  made  valid 
to  the  aame  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  office. 

Approved  June  4,  1895. 


Chap.lll 


Resolve  in  favor  of  the  widoav  of  nExnr  t  simpsox,  and  of 

TUE   WIDOW   OF  JOSEPH   L.   SlUPLEY. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  widows  of 
treasury  of  the  Commonwealth,  to  the  widow  of  Henry  Bimpsonand 
Y.  Simpson  and  to  the  widow  of  Joseph  L.  Shipley,  the  Bhipfgy.^" 
salary  and  compensation  for  travel  to  which  said  Henry  Y. 
Simpson  and  Joseph  L.  Shipley  would  have  been  entitled 
as  members  of  the  house  of  representatives  had  they  lived 
to  the  end  of  the  present  session. 

Approved  June  4,  1S95. 

Resolve  kelative  to  the  aiimorv  of  the  Massachusetts  a'ol-  njifiyj  1 1g 

UNTEER  MILITIA  IN   THE   CITY   OF  SPRINGFIELD. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  Armory  at 
treasury  of  the  Commonwealth  the  sum  of  two  thousand    P'''"8tieid. 
five  hundred  dollars,  for  the  purpose   of  furnishing  the 
armory  now  in  process  of  erection  in  the  city  of  Spring- 
held.  Approved  June  5,  1895. 


Resolve  in  favor  of  the  daughter  of  the  late  frank   s.  /^t,^,,^  iiq 

BENNETT.  "^   " 

Hesolved,   That  there  be  allowed  and  paid  out  of  the  Daughter  of 
treasury  of  the  Commonwealth  to  Marion  Bennett,  daugh-  Bennett.' 
tor  of  the  late  Frank  S.  Bennett,  the  salary  and  compensa- 
tion for  travel  to  which  said  Frank  S.  Bennett  would  have 
been  entitled  had  he  lived  to  the  end  of  the  present  session. 

Appjroved  June  5,  1895. 

Resolve  in  favor  of  the  widow  of  gilbert  cooke.  Chnt  190 

Resolved,  That  there  be  allowed  and  paid  out  of  the  widow  of 
treasury  of  the  Commonwealth  to  the  widow  of  Gilbert  ^^^''^'■'C°°^^- 
Cooke,  late  a  member  of  the  house  of  representatives 
from  the  fourteenth  Worcester  district,  the  sum  of  seven 
hundred  and  fifty  dollars,  being  the  compensation  to  which 
the  said  Gilbert  Cooke  would  have  been  entitled  had  he 
lived  until  the  close  of  the  present  session  of  the  general 
court.  Ap2)roved  June  5,  1895. 


696  Resolves,  1895.  — Chaps.  121,  122,  123. 


Chnp.121  Resolve    relative    to    completing   the  index   of  the   war 

RECOKDS  AND  PREPARING   A   NKW   DRAFT  OF   THE   RECOKD   BOOKS 
IN   THE  OFFICE  OF  THE  ADJUTANT   AND  INSPECTOR  GENERAL. 

Index  to  war  Rcsolved.  That  tlioro  1)0  allowed  and  paid  out  of  the 

records,  etc.  •      i        /  i  . 

treasury  oi  the  Commonwealth  the  sum  ot  titteen  hundred 
dollars,  to  be  expended  umlerthe  direction  of  the  adjutant 
and  inspector  general  for  the  purpose  of  completing  the 
index  of  the  war  records  and  re-writing  the  record  books 
for  permanent  preservation.  Approved  June  o,  1895. 

(JJia7).'i22  Resolve  in  favor  of  maktin  wesson. 

Martin  Wesson.  Hesolvcd,  That  there  bc  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  JNIartin  Wesson  the  sum 
of  two  thousand  and  eighty-eight  dollars  and  tive  cents, 
in  full  compensation  for  loss  occasioned  to  him  by  reason 
of  the  burning  of  the  state  work  house  at  Bridgewater  on 
or  about  the  seventh  day  of  July  in  the  year  eighteen  hun- 
dred and  eighty-three.  Approved  June  5,  1S95. 

C7lCl7)-Ti.23  Resolve    in    favor    of  certain  veterans    of    the    town  ok 

STONEHAM. 

oMown  o'f'"'''"^  Resolved,  That  there  be  allowed  and  paid  out  of  the 
stoneham.  trcasuiy  of  the  Commonwealth  the  sum  of  one  hundred 
and  twenty-five  dollars  each,  to  the  following  named  per- 
sons, or  to  the  heirs  or  legal  re})resentativcs  of  such  of 
them  as  may  have  died  :  said  persons  being  veterans  who 
served  in  the  United  States  army  in  the  war  of  the  rebel- 
lion to  the  credit  of  the  town  of  Stoneham,  and  who  have 
never  received  a  bounty  for  said  service,  to  wit :  — Albert 
O.  Emerson,  twenty-second  ^lassachusctts  volunteers ; 
Henry  Dike,  sixth  ]\lassachusetts  volunteer  militia  and  first 
company  sharpshooters,  Massachusetts  volunteers;  James 
H.  Eastman,  United  States  navy ;  ]\Iorris  Meade,  sixth 
^lassachusctts  volunteer  militia  and  eleventh  United  States 
regiment ;  AVilliam  II.  Young,  sixth  ]\Iassachusetts  volun- 
teer militia  and  third  Massachusetts  cavalry;  Samuel  C. 
Whitney,  thirteenth  INIassachusctts  volunteers  ;  Charles  E. 
Home,  thirteenth  Massachusetts  volunteers ;  John  Best, 
thirteenth  Massachusetts  volunteers  ;  Calvern  H.  Conant, 
thirteenth  INIassachusctts  volunteers  ;  John  F.  Berry,  thir- 
teenth ^Massachusetts  volunteers  ;  Orin  C.  Eastman,  thir- 
teenth Massachusetts  volunteers  ;  Orator  Gould,  thirteenth 


Kesolves,  1895.— Chap.  124.  C97 

Massachusetts  volunteers  ;  Luther  jNIartin,  thirteenth  o"o^^nof'^^*°^ 
Massachusetts  volunteers ;  John  W.  Spencer,  thirteenth  stoneham. 
Massachusetts  volunteers  ;  Charles  A.  Whittier,  thir- 
teenth Massachusetts  volunteers  ;  George  E.  Whitehouse, 
thirteenth  Massachusetts  volunteers  ;  John  Lahey,  Junior, 
thirteenth  ^Massachusetts  volunteers  and  first  regiment 
heavy  artillery,  Massachusetts  volunteers ;  James  Court- 
ney, twenty-second  ]\Iassachusetts  volunteers  ;  Hiram  H. 
Lutler,  thirteenth  ^Massachusetts  volunteers ;  Orin  A. 
Green,  second  company  sharpshooters  Massachusetts 
volunteers ;  Stephen  H.  Green,  second  company  sharp- 
shooters ^Massachusetts  volunteers ;  Joshua  G.  Green, 
second  company  sharpshooters  ]Massachusetts  volunteers  ; 
Charles  G.  Swett,  second  company  sharpshooters  Massa- 
chusetts volunteers;  Erastus  A.  Durgin,  second  company 
sharpshooters  Massachusetts  volunteers ;  James  Lincoln, 
third  regiment  heavy  artillery  IMassachusetts  volunteers ; 
Leonard  E.  Sweetser,  third  regiment  heavy  artillery 
Massachusetts  volunteers ;  Moses  G.  Dodge,  third  regi- 
ment heavy  artillery  Massachusetts  volunteers  ;  George  F. 
Shaw,  third  regiment  heavy  artillery  Massachusetts  volun- 
teers ;  Peter  Finn,  third  regiment  heavy  artillery  IMassa- 
chusetts  volunteers  ;  Frank  ^lurphy,  third  regiment  heavy 
artillery  Massachusetts  volunteers ;  William  Robbins, 
third  regiment  heavy  artillery  Massachusetts  volunteers ; 
Alphonso  B.  Pierce,  third  regiment  heavy  artillery  ]Massa- 
chusetts  volunteers  ;  John  L.  Hovcy,  third  regiment  heavy 
artillery  IMassachusetts  volunteers ;  Charles  E.  Stevens, 
third  regiment  heavy  artillery  ^Lassachusetts  volunteers ; 
John  Sheridan,  third  regiment  heavy  artillery  IMassachu- 
setts  volunteers ;  John  Howard,  third  regiment  heavy 
artillery  Massachusetts  volunteers ;  George  P.  Stevens, 
third  regiment  heavy  artillery  jMassachusetts  volunteers ; 
Sidney  L.  Colley,  thirty-third  JMassachusetts  volunteers ; 
and  Archulas  Welch,  thirty-third  Massachusetts  volun- 
teers. Ihe  money  appropriated  by  this  resohe  shall  be 
paid  only  to  the  beneficiaries  named  therein,  or  to  their 
executors  or  administrators.  Approved  June  5,  1895. 

KeSOLVE   in   favor   of   certain  veterans   of   the  town  of  east   njifitQ  1 24 
BRIDGEWATER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  certain  veterans 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  Bridgewater.''^ 
iind  twenty-five  dollars  each  to  Charles  Drake,  Horace  A. 


698  Eesolves,  1895.  — Chap.  125. 

Kil)lev,  Benjamin  F.  Bowman  and  Charles  F.  Bowman  ; 
said  persons  being  veterans  who  served  in  the  United 
States  army  or  navy  in  the  Avar  of  the  rebellion  to  the 
credit  of  the  town  of  East  Bridgewater,  and  who  never 
received  a  bounty  for  said  service.  The  money  appropri- 
ated by  this  resolve  shall  be  paid  only  to  the  bencHciaries 
named  therein  or  to  their  executors  or  administrators. 

Approved  June  5,  1895. 


Chap.\2o 


\j\  Kksolvk    IX    FAvou    OK   cp:ktaix  vetekans   of   the   town   of 

SCITUATE. 

onownr/"''"'      Resolved,  That  there  be  allowed  and  paid  out  t)f  the 
Bcituate.  treasury  of  the  Commonwealth  to  the  following  named 

persons  the  sums  placed  after  their  names  respectively ; 
said  persons  being  veterans  or  heirs  or  legal  representa- 
tives of  veterans  who  served  in  the  United  States  army  in 
the  war  of  the  rebellion  to  the  credit  of  the  town  of  Scitu- 
ate,  and  who  never  received  a  bounty  for  said  service,  to 
wit: — Hosea  I).  Nott,  one  hundred  and  fifty-six  dollars 
and  sixty-six  cents  ;  Joseph  O.  Marsh,  three  hundred  and 
thirty  dollars  ;  George  U.  Kewcomb,  administrator  of  the 
estate  of  John  B.  Xewcoinb,  two  hundred  dollars  ;  Charles 
H.  Kott,  three  hundred  and  thirty  dollars ;  Asahel  F. 
Nott,  two  hundred  and  twenty-five  dollars;  "William  G. 
Litchfield,  two  hundred  and  fifty-nine  dollars;  AV.  O. 
Merritt,  three  hundred  and  forty-five  dollars  ;  C.  W.  Clapp, 
one  hundred  and  one  dollars  and  fifty  cents  ;  O.  F.  Hayes, 
three  hundred  and  thirty  dollars ;  C.  F.  Sylvester,  three 
hundred  and  thirty  dollars ;  Amelia  INI.  Young,  adminis- 
tratrix of  Charles  D.  Young,  four  hundred  and  ninety-five 
dollars  ;  AVilliam  Litchfield,  three  hundred  and  tliirly  dol- 
lars ;  Galen  Litchfield,  one  hundred  and  seventy  dollars ; 
Galen  AY.  Litchfield,  three  hundred  and  thirty  dollars ; 
Amelia  AY.  Sylvester,  administratrix  of  Edmund  IL  Syl- 
vester, four  hundred  and  ninety-five  dollars;  Sevena  C. 
James,  executor  of  Ednumd  James,  four  hundred  and 
ninety-five  dollars  ;  George  Ilodgdon,  three  hundred  and 
thirty  dollars ;  John  AA'elsh,  three  hundred  and  thirty 
dollars  ;  Francis  IL  Litchfield,  three  hundred  and  thii-ty 
dollars;  AA'illiam  A.  Cook,  three  hundred  and  thirty  dol- 
lars ;  Nelson  V.  Hutchinson,  three  huiulred  and  thirty 
dollars.  The  money  appropriated  by  this  resolve  shall  be 
paid  only  to  the  beneficiaries  named  therein  or  to  their 
executors  or  administrators.  Approved  June  5,  1895- 


Resolves,  1895.  — Chaps.  126,  127.  699 


Resolve  in  favou  of  certain  veterans  of  the  town  of  north  /^^^^  i  oc 

BRIDGEWATER,   NOW   TUE  CITY   OF   BROCKTON.  ^  ' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  certain  veterans 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  Bridg^water"'^ 
dollars  each  to  Walter  L.  French  and  Samuel  J.  Wade, 
or  their  heirs  or  legal  representatives ;  said  persons  being 
veterans  who  served  in  the  United  States  navy  in  the  war 
of  the  rebellion,  to  the  credit  of  the  town  of  jS^orth  Bridge- 
water,  and  who  never  received  a  bounty  for  said  service. 
The  money  appropriated  by  this  resolve  shall  be  paid  only 
to  the  beneficiaries  named  therein  or  to  their  executors  or 
administrators.  Approved  June  5,  1895. 

Resolve  relatfv'e  to  the  fish  hatching  station  at  Plymouth,  QJiarf^l^^ 

IN  THE  STATE    OF    NEW   HAMPSHIRE,  NOW    USED    AND    MANAGED 
BY   SAID   STATE   AND  THIS   COMMONWEALTH   IN   COMMON. 

Resolced,   That  the  governor  and  council   are  hereby  Fish  hatching 
authorized  and  empowered  to  arrange  with  the  authorities  prymoufh, 
of  the  state  of  New  Hampshire  for  ending  the  joint  tenancy  ^•^• 
of  the  fish  hatching  station  at  Plymouth,  in  said  state,  now 
used  and  managed  by  the  state  of  New  Hampshire  and 
this  Commonwealth  in  common,  and  may  purchase  or  dis- 
})ose  of  the  same  as  they  may  deem  best  for  the  mterests 
of  this  Commonwealth.  Approved  June  5,  1895. 


700  Pkoposed  Amendments  to  the  Constitution. 


PEOPOSED  AMENDMENTS  TO  THE  CONSTITUTION. 


Propoecd  The  followiiij^:  proposcd  articles  of  amendment  to  the  Constitution 

coD^8tiiuUou.'°  luave  been  officially  certitied  and  deposited  in  the  office  of  the  secre- 
tary of  the  Commonwealth,  as  required  by  section  o2  of  chai)ter  2  of 
the  Public  Statutes,  and  if  agreed  to  by  the  jreneral  court  next  to  be 
chosen,  in  the  manner  provided  by  the  Constitution,  must  be  sub- 
mitted to  the  people  for  their  ratification  or  rejection :  — 

Resoltes  providing  for  amendments  to  the  constitution 
establishing  biennial  elections  of  state  officers  and 
members  of  the  general  court. 

Resolved,  That  it  is  expedient  to  alter  the  Constitution 
of  this  Commonwealth  by  the  adoption  of  the  subjoined 
article  of  amendment ;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  tNvo  thirds 
of  the  members  of  the  house  of  representatives  present 
and  voting  thereon,  be  entered  on  the  journals  of  both 
houses,  with  the  yeas  and  nays  taken  thereon,  and  referred 
to  the  general  court  next  to  be  chosen ;  and  that  the  said 
article  be  published,  to  the  end  that,  if  agreed  to  in  the 
manner  provided  by  the  Constitution,  by  the  general  court 
next  to  be  chosen,  it  may  be  submitted  to  the  people  for 
their  approval  and  ratification,  in  order  that  it  may  be- 
come a  part  of  the  Constitution  of  the  Commonwealth. 


ARTICLE    OF    AMENDMENT. 


Biennial  elec- 
tions of  Btiite 


The  governor,  and  lieutenant  governor,  and  councillors, 
officerBand        shall  hold  their  respective  ofhces  for  two  years  next  fol- 

memberBofthe  .  ,  /    i  i  •  i  t  " 

general  court,  iowinff  tlic  hrst  \V  educsdav  111  the  flanuarv  succeednis: 
their  election,  and  until  others  are  chosen  and  qualified  in 
their  stead. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  the  year  eighteen  hundred  and  ninety-eight; 
and  thereafter  elections  for  the  choice  of  all  the  officers 
before  mentioned  shall  l)e  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 


Proposed  Amendments  to  the  Constitution.  701 

All  the  provisions  of  the  Constitution  inconsistent  with  ^on^^of'stlt^ 
the  provisions  herein  contained  are  hereby  annulled.  officers  and 

f^A  1  •  I  T  members  of  the 

Ine  secretary,  treasurer  and  receiver  general,  auditor,  general  court. 
and  attorney-general,  shall  hold  their  respective  otHces  for 
two  years,  beginning  with  the  third  Wednesday  in  the 
January  succeeding  their  election,  and  until  others  arc 
chosen  and  qualitied  in  their  stead. 

A  person  shall  be  eligible  as  treasurer  and  receiver  gen- 
eral for  three  successive  terms,  and  no  more. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  the  year  eighteen  hundred  and  ninety-eight ; 
and  thereafter  elections  for  the  choice  of  all  the  officers 
before  mentioned  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

All  the  provisions  of  the  Constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 

liesolued.  That  it  is  expedient  to  alter  the  Constitution 
of  this  Commonwealth  by  the  adoption  of  the  subjoined 
article  of  amendment ;  and  that  the  said  article,  being 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of 
the  members  of  the  house  of  representatives  present  and 
voting  thereon,  be  entered  on  the  journals  of  both  houses, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
general  court  next  to  bo  chosen  ;  and  that  the  said  article 
be  published,  to  the  end  that,  if  agreed  to  in  tlie  manner 
provided  by  the  Constitution,  by  the  general  court  next 
to  be  chosen,  it  may  be  submitted  to  the  people  for  their 
approval  and  ratification,  in  order  that  it  may  become  a 
part  of  the  Constitution  of  the  Commonwealth. 

ARTICLE    OF    AMENDMENT. 

Senators  and  representatives  shall  hold  their  respective 
ofiices  for  terms  of  two  years,  beginning  with  the  first 
Wednesday  in  the  January  succeeding  their  election. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  the  year  eighteen  hundred  and  nmety-eight ; 
and  thereafter  elections  for  the  choice  of  senators  and  repre- 
sentatives shall  be  held  biennially  on  the  Tuesday  next  after 
the  first  Monday  in  November. 

The  general  court  shall  assemble  every  year  on  the  first 
Wednesday   in    January ;    and  each  general  court  shall, 


702  Proposed  Amendments  to  the  Constitution. 

Biennial eiec     witliout  uiiv  proclamation  or  other  act  of  the  governor,  be 
oXer^saud"'      tiiKillv  dissolved  on  the  day  preceding  the   day  appointed 
gerr'lTrJru^  l"(>i^  t''^'  ^'''^^  assembling  of  the  next  ele'ctcd  general  court. 
All  the  provisions  of  the  Constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 

Senate,  March  8,  1895. 
The  foregoing  articles  of  amendment  have   I)ecn  agreed 
to,  a  majority  of  the  senators  present  and  voting  thereon 
having  voted  in  the  affirmative  ;  and  the  same  are  referred 
to  the  general  court  next  to  be  chosen. 

WILLIAM   M.    BUTLER,    President. 

House  of  Representatives,  March  12,  1895. 
The  foregoing  articles  of  amendment  have  been  agreed 
to,  two  thirds  of  the  members  of  the  house  of  represent- 
atives present  and  voting  thereon  having  voted  in  the 
affirmative ;  and  the  same  are  referred  in  concurrence  to 
the  general  court  next  to  be  chosen, 

G.  V.  L.  MEYER,   Sj>eaker. 


Resolutions.  703 


RESOLUTIONS. 


Resolutions  on  the  death  of  hon.  olivek  shaw. 

Whereas,  The  senate  has  learned  with  deep  sorrow  of  Hon^oilver^  **^ 
the  death  of  Hon.  Oliver  Shaw,  the  senator  elect  from  the  shaw. 
second  Middlesex  district ;  and 

Whereas,  His  strict  inteirrity  in  all  matters  of  business, 
his  constancy  and  fidelity  to  the  important  pul)lic  and 
private  trusts  committed  to  his  charge,  and  the  warm  and 
earnest  friendship  which  he  enjoyed  in  the  community 
where  he  so  Ions;  resided  and  to  whose  welfare  and  pros- 
perity he  so  greatly  contributed  are  well  known  to  us, 
and  we  sincerely  legret  that  we  were  not  allowed  to  enjoy 
the  benefit  and  influence  of  his  association  with  us. 

Hesolved,  That  we  extend  to  the  family  of  the  deceased 
our  deep  sympathy  and  condolence  in  their  bereavement ; 
and 

Resolved,  That  the  clerk  of  the  senate  be  directed  to 
transmit  a  copy  of  these  resolutions  to  the  family  of  the 
deceased. 

In  Senate,  adopted,  Jamiary  2,  1895. 


Resolutions  on  the  death  of  henry  y.  simpson. 
Resolved,  That  the  house  of  representatives  has  sutfered  On  the  death  of 

111  -ii  -I         1         f      I  1  .  Henry  Y. 

an  irreparable  loss  m  the  death  of  the  member  elect  from  Simpson. 
the  twenty-first  Worcester  district — Dr.  Henry  Y.  Simp- 
son, who  departed  this  life  December  olst,  two  days  prior 
to  the  convening  of  this  house. 

Resolvfd,  That  his  honored  career  as  a  member  of  the 
house  of  representtitives  in  the  years  1893-94  distinguished 
him  as  an  able,  u|)right  and  conscientious  legislator  and 
a  genial  and  courteous  gentleman,  fearless  in  the  discharge 
of  duty. 

Resolved,  That  we  hereby  desire  to  express  our  sorrow, 
and  as  a  token  of  our  sympathy  direct  that  an  engrossed 


704  Resolutions. 

copy  of  these  resolutions  be  forwarded   to  the  bereaved 
family  of  tiie  deceased. 

In  House  of  Representatives^  adojited,  January  10,  1893. 


Resolution  RKLATivE  TO  the  duy  dock  at  ciiahlestown  navy 

YARD. 

charfe°'iown  Wkeveas,  There  is  an  immediate  need  of  a  dry  dock  at 

navy  yard.         r)()ston  Avhich  shall  bc  of  sufficient  length,  width  and  de[)th 

to   receive  the    battleship    Massachusetts   and    sea  going 

merchant  steamers  now  being   built  for  traffic  Avith  said 

port : 

Jiesolved,  That  the  senators  and  representatives  in  con- 
gress from  this  Commonwealth  are  re(juested  to  use  their 
influence  to  secure  the  passage  of  legislation  providing  for 
the  building  of  a  new  dry  dock  or  the  enlargement  of  the 
present  dry  dock  at  the  Charlestown  navy  yard,  for 
accommodation  of  the  warships  of  the  United  States  navy 
and  the  larger  merchant  vessels  entering  the  port  of 
Boston. 

Ii&solrefJ,  That  the  president  of  the  senate  and  the 
speaker  of  the  house  of  representatives  of  this  Common- 
wealth be  instructed  to  present  or  forward  these  resolutions 
to  congress. 

1)1  Uorise  of  Representatives,  adopted,  January  31,  1895. 

In  Senate,  adopted  in  concurrence,  February  6,  1895. 

ReSOUTIONS   Ul'OX  THE    DEATH   OF   GILliEHT   COOKE. 

On  the  death  of        Whn'eas,  Tlic  All  "Wise  Father  of  us  all  has  airain  visited 

Gilbert  Couke.  '  .  iji  i-'  -ij. 

the  house  ot  representatives  and  taken  Irom  our  midst 
our  beloved  and  honored  member,  Crilbert  Cooke,  from 
the  fourteenth  Worcester  represeiitativ^e  district. 

Resolved^  That  while  in  the  demise  of  this  esteemed 
member  we  recognize  and  bow  in  submission  to  the  Divine 
Avill,  wc  fully  realize  th»'  loss  this  house  of  representatives 
has  sustained  in  his  death. 

JJesolvedy  That  his  honored  and  valiant  four  years'  ser- 
vice for  his  country  in  its  time  of  war  and  peril,  and  his 
career  as  a  member  of  this  house  have  shown  him  to  be  a 
brave  soldier  and  a  conscientious  and  Avise  legislator. 

Itpfiolved,  That  these  sterling  qualities  have  won  our 
admiration  and  respect  and  we  sincerely  mourn  his  loss 


Resolutions.  705 

and  heartily  sympathize  with  the  bereaved  family  of  our 
late  fellow  member. 

Resolved^  That  an  engrossed  copy  of  these  resolutions 
be  sent  to  the  family  of  the  deceased. 

In  House  of  Representatives,  adojjted,  February  25,  1895. 
Resolution  concekning  portraits  of  former  governors  of 

THE   commonwealth. 

Resolved,  That  the  thanks  of  the  Commonwealth  be  Portraits  of 
tendered  to  A.  G.  Bullock  of  Worcester,  on  behalf  of  e™or"^°^' 
himself  and  of  his  late  mother,  Elvira  Hazard  Bullock,  for 
their  gift  to  the  Commonwealth  of  a  portrait  of  Governor 
Alexander  H.  Bullock.  To  John  F.  Andrew  of  Boston 
for  his  gift  to  the  Commonwealth  of  a  portrait  of  Governor 
John  A.  Andrew.  To  Walter  Gilman  Page  for  his  gift 
to  the  Commonwealth  of  portraits  of  Governors  John 
Hancock  and  Samuel  Adams.  And  to  Henry  J.  Gardner 
for  his  gift  to  the  Commonwealth  of  a  portrait  of  Governor 
Henry  J.  Gardner,  of  which  mention  has  been  made  in  a 
resolution  adopted  in  the  year  eighteen  hundred  and 
ninety-three.  And  that  said  portraits,  with  other  portraits 
of  former  governors  which  may  hereafter  be  received,  be 
hung  in  such  places  in  the  state  house  as  the  governor 
may  direct. 

In  House  of  Representatives,  adopted,  March  1,  1895. 

In  Senate,  adopted  in  concurrence,  March  6,  1895. 

Resolutions  on  the  death  of  Frederick  douglass. 
Whereas,  The  senate  and  house  of  representatives  of  on  the  death  of 

T  /-i  11PT4J-  •  1  J.  Hon.  Frederick 

the  Commonwealth  oi  Massachusetts  in  general  court  Douglass. 
assembled,  have  learned  with  profound  sorrow  and  regret 
of  the  sudden  death  of  Honorable  Frederick  Douglass, 
ex-United  States  marshal  at  Washington  and  ex-minister 
to  Hayti,  who,  while  not  a  native  of  Massachusetts,  was  a 
product  of  her  training. 

Resolved^  That  this  legislature  attests  its  great  apprecia- 
tion of  his  marked  ability  which  was  shown  in  his  rise  from 
the  low  estate  of  his  birth  to  the  height  of  one  of  the 
nation's  counsellors,  his  upright  character  and  his  lifelong, 
consecrated  efforts  to  raise  the  race  he  was  identified  with 
to  the  highest  pinnacle  of  American  citizenship. 


706 


Resolutions. 


National  legisla- 
tion for  8iipprea- 
sion  of  the 
lottery  traffic. 


JResolved,  That  the  senate  and  house  of  representatives 
tender  to  the  bereaved  family  their  sincere  sympathy  and 
that  a  copy  of  these  resohitions  suitably  engrossed  and 
properly  attested  be  forwarded  by  the  secretary  of  the 
Commonwealth  to  the  family  of  the  deceased. 

In  House  of  Representatives,  adopted,  March  1,  1895. 

In  Senate,  adopted  in  concurrence,  March  6,  1895. 

Resoltttions  relative  to  national  legislation  for  the  sup- 
pression OF  the  lottery  traffic. 

Hesolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts  in  general  court 
assembled,  respectfully  urge  upon  congress  the  enactment 
of  legislation  which  will  prevent,  so  far  as  possible,  the 
introduction  of  lottery  matter  into  the  United  States  from 
foreign  countries,  audits  transportation  from  state  to  state. 

Resolved,  That  copies  of  these  resolutions  properly  at- 
tested, be  transmitted  by  the  secretary  of  the  Common 
wealth  to   the    presiding    officers    of    both   branches    of 
congress,  and  also  to  the  senators  and  representatives  in 
congress  from  this  Commonwealth. 

In  Senate,  adopted,  March  1,  1895. 

In  Hoxise  of  Representatives,  adopted  in  concurrence,  March 
6,  1895. 


Uniform  hours 
of  labor 
throughout  the 
United  Statce. 


Resolutions  in  favor  of  uniform  hours  of  lauor  throughout 
the  united  states. 

Hesolved,  That  the  senate  and  house  of  representatives^ 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  believing  that  the  public  interest  and  the  inter- 
ests of  capital  and  labor  alike  will  be  best  subserved  by 
uniform  hours  of  lal)or  throughout  the  several  states, 
respectfully  request  the  senators  and  representatives  in 
congress  from  this  Commonwealth  to  use  their  influence 
to  secure  legislation  to  that  end. 

Hesolved,  That  the  jNIassachusetts  commission  for  the 
promotion  of  uniformity  of  legislation  in  the  United  States 
be  requested  to  bring  this  subject  to  the  attention  of  like 
commissions  of  other  states  of  the  Union  and  ask  their 
co-operation. 


Resolutions.  707 

Resolved^  That  properly  attested  copies  of  these  resolu- 
tions be  forwarded  to  the  senators  and  representatives  in 
congress,  and  to  the  Massachusetts  commission  for  the 
promotion  of  uniformity  of  legislation  in  the  United  States. 

In  House  of  Representatives,  adopted,  March  13,  1895. 

In  Senate,  adopted  in  concurrence,  3Iarch  18,  1895. 


Resolutions    relative    to    Massachusetts'    claims    against 
the   united  states  for  the  removal   of  avkecks    in  tide 

WATERS. 


Resolved,  That  the  senate  and  house  of  representatives  Removal  of 
of  the  Commonwealth  of  Massachusetts,  in  general  court  watersV"  *''^* 
assembled,  request  the  members  of  congress  from  this 
Commonwealth  to  use  their  best  efforts  to  procure  from 
the  general  government  an  appropriation  to  reimburse  the 
Commonwealth  for  removing  wrecks  from  navigable  chan- 
nels in  tide  waters  in  cases  where  the  necessary  delay  on 
the  part  of  the  United  States  authorities  incident  to  fulfil- 
ling the  requirements  of  the  acts  of  congress  in  such  case 
made  and  provided  have  made  it  necessary  for  the  Com- 
monwealth to  act  in  order  to.  avoid  the  impairment  of 
freedom  of  navigation  for  an  unnecessary  length  of  time, 
and  also  to  amend  existing  acts  of  congress,  to  the  end 
that  the  United  States  authorities  may  be  able  to  remove 
wrecks  in  navigable  channels  of  tide  waters  forthwith 
upon  their  discovery. 

Resolved,  That  a  copy  of  these  resolutions  properly 
attested  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  each  of  our  senators  and  representatives  in 
congress. 

In  House  of  Representatives,  adopted,  March  21,  1895. 

In  Senate,  adopted  in  concurrence,  March  26,  1895. 

Resolutions  on  the  death  of  frank  s.  bennett. 

^Mlereas,  The  house  of  representatives  is  deeply  grieved  on  the  death  of 
by  the  death  of  its  late  member,  Frank  S.   Bennett  of  Bennett.' 
I  Tyngsborough,  and  desires  to  give  expression  to  its  ap- 
i^reciation  of  his  high  character  and  true  worth  as  a  citizen 
and  public  official ;  therefore  be  it 


708  Resolutions. 

Resolved^  That  by  his  death  the  house  loses  a  valuable 
and  eflicicnt  member  ^vho  durino-  the  t'wo  years  of  his 
public  service  has  faithfully  and  ably  acquitted  hunself  of 
his  duties  to^yard  the  Commonwealth  and  his  constituents 
and  has  endeared  himself  personally  to  all  who  have  come 
in  contact  with  him. 

Resolved^  That  a  copy  of  these  resolutions,  suitably 
engrossed  and  framed  be  forwarded  to  the  family  of  the 
deceased,  as  an  expression  of  the  high  regard  of  the  mem- 
bers of  this  house  for  their  late  associate,  and  of  their  pro- 
found sympathy  for  his  family  in  their  bereavement. 

In  House  of  Representatives,  adopted^  April  23,  1895. 

Resolutions  on  the  death  of  the  honorable  willl\m  cogs- 
well. 

non!'wimam°*       Resolved,  That  the  legislature  of  the  CommonAvealth  of 
Cogswell.  Massachusetts  receives  with  profound  sorrow  and  regret 

the  sad  intelligence  communicated  by  his  excellency  the 
governor  of  the  death  in  Washington  of  the  Honorable 
William  Cogswell,  representative  in  the  national  congress 
for  the  sixth  jNIassachusetts  district. 

Resolved,  That  in  the  loss  of  General  Cogswell,  Massa- 
chusetts and  the  nation  have  lost  one  worthy  of  every  token 
of  honor  and  respect ;  one  whose  life  was  literally  spent  in 
the  service  of  his  country.  As  a  soldier  he  manifested  a 
loyal  and  patriotic  devotion  to  his  country  by  raising  the 
first  volunteer  company  for  the  late  war,  and  his  able, 
efficient  and  continuous  service  throughout  the  entire  con- 
flict resulted  in  a  deserved  promotion  on  the  field  to  the 
rank  of  brigadier  general.  As  a  statesman  he  reflected 
great  credit  u})on  city,  state  and  nation  and  was  excelled 
by  none  in  diligent  and  eflc^ctive  public  service  and  in 
faithful  and  fearless  performance  of  public  duty.  He 
possessed  unsurpassed  sagacity  and  steadiness  of  purpose, 
energy  and  wisdom,  and  a  marvelous  strength  of  character. 
General  Cogswell  departed  this  life  having  won  to  a 
marked  degree  the  confidence,  admiration  and  aflection 
of  his  constituents  and  of  all  who  were  privileged  to  have 
any  relations  with  him,  together  with  the  esteem  of  his 
associates  in  congress.  Having  devoted  his  life  to  duty, 
death  found  him  crowned  with  the  highest  honors  his 
district  could  bestow,  with  a  national  renown,  and  possess- 
ing the  deepest  regard  of  all  people. 


Resolutions.  709 

Resolved,  That  in  this  tribute  to  General  William 
Cogswell  the  Commonwealth  honors  the  memory  of  an 
eminent  citizen,  a  brave  soldier  and  an  able  statesman. 

In  House  of  Representatives^  adopted.  May  28,  1895. 

In  Senate,  adopted  in  concurrence.  May  31,  1895. 

Resolutions  on  the  death  of  kephesentative  w.  h.  burges  of 

kingston. 

Resolved,  That  the  house  learns  with  profound  sorrow  on  the  death  of 
of  the  death  of  Representative  W.  H.  Burges  of  Kingston,  w.h.  Burgee, 
late  a  member  of  this  house  from  the  second  Plymouth 
district. 

Resolved,  That  in  the  death  of  Representative  Burges 
the  Commonwealth  has  sustained  a  serious  loss,  Mr. 
Burges  being  held  in  high  esteem  for  his  geniality  and 
courtesy,  and  respected  for  his  vigor  and  manliness  of 
character  and  for  his  wisdom  and  sagacity  as  a  legislator. 

Resolved,  That  the  clerk  be  directed  to  enter  these 
resolutions  upon  the  records  of  this  house  and  to  transmit 
a  copy  thereof,  properly  engrossed,  to  the  family  of  the 
deceased. 

In  House  of  Representatives^  adopted,  June  5,  1895, 


710  Note. 

The  jreneral  court  of  1895,  (lnrin2:  its  annual  session,  passed  504 
acts  and  127  resolves  which  received  the  approval  of  his  excellency 
the  governor.  In  addition  to  these,  two  acts  (chapters  lU'.i  and  -i'Mi) 
were  laid  before  the  governor  and  i'ailed  to  receive  his  a})proval,  but 
as  they  were  not  returned  by  hiui  with  his  objections  thereto  within 
five  days  after  recei\ing  tlie  same,  tlie  general  court  not  having  ad- 
journed in  the  mean  time,  said  acts  have  the  force  of  a  law,  i;nder  the 
provisions  of  the  Constitution  governing  such  cases,  and  have  been 
so  certified. 

Three  acts,  entitled  respectively,  "  An  Act  to  remove  the  restrictions 
upon  shad  and  alewife  fishing  in  the  INIerrimac  river",  (chapter  88) 
"  An  Act  to  establish  the  salary  of  the  clerk  of  the  police  court  of 
Brockton",  (chapter  5iH))  and  "An  Act  relative  to  the  preference  of 
Teterans  for  emjdoyment  in  the  public  service",  (chapter  .501),  were 
passed  and  laid  before  the  governor  for  his  approval,  and  were  re- 
turned by  him  vdth  his  objections  thereto  to  the  branch  in  Avhich  they 
respectively  originated ;  Avere  reconsidered,  agreeably  to  the  pro- 
visions of  tiie  Constitution,  and  the  vote  being  taken  on  passing  the 
same,  the  objections  of  the  governor  thereto  notwithstanding,  they 
were  passed,  two  thirds  of  the  members  of  the  senate  and  house  of 
representatives  present  and  voting  thereon  having  voted  in  the 
atlirmative. 

Thirteen  acts,  entitled  respectively,  "  An  Act  to  establish  the  salary 
of  the  clerk  of  the  board  of  police  for  the  city  of  Boston",  "  An  Act 
to  establish  the  salary  of  the  first  clerk  of  the  secretar\"  of  the  state 
board  of  agriculture",  "An  Act  to  establish  the  salary  of  the  execu- 
tive stenographer  in  the  office  of  the  governor  of  the  Commonwealth  ", 
"  An  Act  to  establish  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Berkshire  ",  "  An  Act  to  establish  the  salar}'  of  the 
clerk  of  the  coui-ts  for  the  county  of  riymoulh  ",  "  An  Act  to  establish 
ttie  salary  of  the  second  clerk  in  tUe  office  of  the  chief  of  the  district 
police",  "An  Act  to  establish  the  salary  of  the  superintendent  of  the 
Massachusetts  reformatory",  "An  Act  to  place  the  control  of  tlie  po- 
lice force  of  the  (;ity  of  Ilolyoke  under  the  license  ccimniission  of  said 
city,  and  to  change  the  name  of  said  commission",  "An  Act  to  estab- 
lish a  board  of  police  for  the  city  of  AVoburn  ",  "  An  Act  to  establish 
the  salary  of  the  justice  of  the  second  district  court  of  east<?rn  JNIid- 
dlesex",  "An  Act  to  establish  the  salary  of  the  district  attorney  for 
the  southeastern  district",  "An  Act  to  establish  the  salai^j'  of  the  in- 
surance commissioner",  and  "An  Act  to  establish  the  salary  of  the 
clerk  of  the  municipal  court  of  tiie  Brighton  district  of  the  citv  of 
Boston",  were  passed  and  laid  before  the  governor  for  his  approval, 
and  Avere  returned  by  him  with  his  objections  thereto  to  the  branch 
in  which  they  respectivel}'  originated ;  were  reconsidered,  and  the 
vote  l)eing  taken  on  passing  the  same,  the  objections  of  the  governor 
thereto  notwithstanding,  they  were  rejected,  t-svo  thirds  of  the  mem- 
bers present  and  voting  thereon  not  having  voted  in  the  affirmative. 

In  addition  to  the  foregoing,  two  acts,  entitled  respectively,  "An 
Act  to  establish  tlie  salaries  of  the  justice  and  clerk  of  the  })olice  court 
of  Fitchburg  ",  and  "  An  Act  to  establish  the  salariesof  the  justice  and 
clerk  of  the  police  court  of  Somerville",  were  passed  and  laid  liefore 
the  governor  on  the  fourth  da}-  of  June,  were  not  approved  by  him 
and  did  not  become  laws  as  the  general  court  was  prorogued  within 
five  days  thereafter. 

The  general  court  was  prorogued  on  Wednesday,  June  5,  at  7.22 
P.M.,  the  session  having  occupied  155  days. 


Goveknok's  Address.  711 


INAUGURAL   ADDRESS 


His  Excellency  Feedeeic  T.  Geeenealge. 


At  twelve  o'clock  on  Thursday,  the  third  day  of 
January,  his  excellency  the  governor,  accompanied  by 
his  honor  the  lieutenant  governor,  the  members  of  the 
executive  council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint  com- 
mittee of  the  two  houses,  met  the  senate  and  house  of  repre- 
sentatives, in  convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  senate  and  the  house  of  rei^resentatives : 

I  congratulate  the  people  of  the  Commonwealth  upon 
the  improvement  in  business  conditions,  and  in  the  general 
welfare,  manifest  within  a  few  months  past.  It  seems  to 
be  clear  that  the  worst  is  over,  even  if  the  best  has  not  yet 
been  fully  restored. 

The  many  trials  and  the  hard  conditions  prevailing  dur- 
ing the  greater  part  of  the  past  year  have  been  borne  with 
a  courage,  endurance  and  patience  worthy  of  the  best  tradi- 
tions of  the  Commonwealth.  Above  all,  even  in  the  dark- 
est hour  of  tribulation,  a  fervent  and  changeless  loyalty  to 
the  Commonwealth  and  to  the  country,  a  deep  and  abiding 
confidence  in  the  principle  and  framework  of  our  free  gov^- 
ernment,  were  almost  universally  manifested.  The  appeals 
of  demagogues,  the  efforts  of  designing  agitators  eager  to 
sow  discontent,  were  met  by  the  people  in  a  spirit  of  cold 
incredulity  or  good-natured  contempt.  Such  a  manifesta- 
tion on  the  part  of  the  people  strengthens  and  increases 
our  confidence  in  popular  government. 


712  Governor's  Address. 


THE   BALLOT. 

The  preservation  of  the  purity  of  the  ballot  is  of  the 
greatest  iinportance.  A  crime  aiiainst  the  ballot  is  a  crime 
against  the  majesty  of  the  Commonwealth, — against  the 
sovereignty  of  the  people. 

The  laws  now  upon  the  statute  book  can  be  still  further 
improved  by  the  correction  of  defects  made  evident  by 
practical  experience,  notably  in  the  provisions  relating  to 
caucuses,  and  also  in  the  direction  of  simplicity  and  con- 
venience to  the  highest  degree  compatible  with  the  security 
of  the  individual  citizen's  riiihts  and  the  riijhts  of  the 
minority. 

The  right  of  a  minority  party  or  of  an  individual  to  a 
place  upon  the  official  ballot  shoidd  be  limited  only  by 
sound  and  li])eral  practical  considerations,  and  by  an  in- 
telligent and  judicious  economy. 

No  honest  man,  no  honest  party,  would  desire  success 
at  the  polls  by  means  of  a  statutory"  or  technical  device 
which  prevented  a  fair  and  full  expression  of  the  will  of 
the  whole  people. 

TAXATION. 

The  subject  of  taxation,  generally  one  of  profound 
interest  to  every  citizen,  is  just  now  claiming  the  public 
attention  with  even  more  than  ordinary  urgency.  It  is 
alleged  that  many  inequalities  and  defects  are  to  be  found 
in  the  system  of  taxation  as  it  now  exists  in  this  Com- 
monwealth. To  tax  and  to  please  is  a  consummation  never 
yet  vouchsafed  to  men  ;  yet  to  establish  a  system  of  taxa- 
tion in  which  shall  be  represented  the  maximum  of  justice 
and  equality  with  the  minimum  of  partiality  and  oppres- 
sion is  a  legitimate  and  rational  olnject  of  legislative  am- 
bition ;  and  I  trust  that  the  matter  maj'  receive  at  your 
hands  the  just  consideration  which  its  importance  demands. 

The  state  tax  for  1894  was  $2,000,000.  With  every 
incentive  to  economy  furnished  by  the  hard  times  and  the 
business  depression,  large  expenditures  were  demanded 
by  the  necessity  of  supporting  or  assisting  the  increased 
number  of  the  poor  and  unemployed. 

EDUCATION,    ETC. 

During  the  year  education  and  charity  have  experienced 
the  fosterinir  care  of  the  loiiislature.    The  recommendation 


Goveenoe's  Addeess.  713 

in  the  message  of  last  year  for  more  normal  schools  was 
met  by  an  act  making  a  liberal  and  even  generous  provi- 
sion in  this  regard, — an  act  being  passed  providing  for 
four  normal  schools.  The  teaching  of  the  teacher,  in  the 
opinion  of  the  legislature,  was  an  important  factor  in  any 
great  scheme  of  education.  But  I  do  not  believe  that 
the  board  of  education  ever  desired  to  be  charged  with  the 
duty  of  building  these  or  any  other  normal  schools.  The 
board  consider  that  their  proper  work  is  the  management 
of  the  schools  when  l)uilt ;  and  they  consider  it  much 
more  important  to  furnish  the  existing  normal  schools 
with  adequate  provision  than  to  build  new  schools  with- 
out such  provision.  Again,  the  salaries  of  teachers  in 
these  schools  are  below  the  level  established  in  many  of 
the  cities  and  towns  of  the  Commonwealth.  The  labora- 
tories in  these  schools  should  be  suitably  equipped ;  the 
libraries  must  be  kept  up  to  a  high  standard ;  and  if  new 
structures  are  to  be  built,  let  the  appropriations  be  suffi- 
cient for  a  few  rather  than  insufficicDt  for  many  buildings. 
A  wise  liberality  is  often  the  wisest  economy. 

The  most  important  feature  of  the  educational  work  for 
the  past  year  has  been  the  laying  of  additional  foundations 
for  securing  the  adequate  preparation  of  teachers  for  their 
work. 

The  law  requiring  towns  that  do  not  maintain  high 
schools  to  pay  the  tuition  of  their  properly  qualified  chil- 
dren in  the  high  schools  of  other  towns  that  will  receive 
them  has  been  strengthened,  so  that  free  high  school  tui- 
tion has  been  made  the  legal  and  easily  enforced  right  of 
every  properly  qualified  child  in  the  Commonwealth. 

The  educational  museum,  of  which  the  jNIassachusetts 
educational  exhibit  at  the  Columbian  exposition  is  to  be 
the  basis,  has  been  assigned  rooms  in  the  state  house 
extension,  and  will  be  ready  for  teachers  and  the  public 
in  a  few  months. 

The  four  new  normal  schools  authorized  by  the  last 
legislature  will  greatly  increase  the  facilities  for  the  pro-  « 

fessional  training  of  teachers.  Sites  have  been  selected 
for  them  all ;  arrangements  have  been  made  with  the 
towns  where  they  are  located  for  suitable  model  and  prac- 
tice schools,  and  the  work  of  erecting  the  buildings  will 
soon  be  entered  upon. 

A  plan  for  the  state  examination  and  certification  of 
teachers,  as  required  by  an  act  of  the  last  legislature,  has 


714  Governor's  Address. 

been  adopted  by  the  board  of  education.  Although  this 
plan  is  ))crmissive,  it  is  cx})cc'ted  to  contribute  much 
towards  imi)roving  the  ])rcparation  of  teachers  and  bring- 
ing the  work  of  the  teacher  nearer  in  j)ractice  to  Avhat  it 
is  in  theory,  —  a  true  profession. 

The  school  fund  has  been  increased  during  the  year  by 
$100,000,  and  now  amounts  to  $3,775,548.14. 

Secretary  Hill  of  the  board  of  education  says  :  *'  If  the 
state  should  make  further  demands  upon  the  smaller  towns 
for  the  improvement  of  their  schools  through  the  employ- 
ment of  better  qualified  teachers,  at  increased  expense,  it 
may  well  accompany  these  demands  with  corresponding 
aid." 

Upon  the  whole,  it  seems  clear  that  the  interests  of 
education  will  not  be  nes-lected  or  mismanaged  in  this 
Commonwealth . 

INSTITUTIONS. 

The  institutions  of  the  Commonwealth  are  generally  in 
a  satisfactory  condition.  The  hospital  for  the  insane  at 
AYestborough  and  the  hospital  for  dipsomaniacs  at  Fox- 
borough  are  perhaps  exceptions.  But  improvement  is 
already  apparent  at  Westljorough  ;  and  it  must  be  remem- 
bered that  the  institution  at  Foxborough  was  avowedly 
and  distinctly  undertaken  as  an  experiment,  and  that  suffi- 
cient time  has  not  elapsed  for  the  fair  trial  of  that  experi- 
ment ;  moreover,  much  of  the  complaint  against  the 
institution  arises  from  the  widespread  misunderstanding 
of  its  character,  partaking  of  the  nature  of  a  prison  to 
some  extent  as  well  as  of  a  hospital. 

TEMPERANCE. 

I  believe  that  any  reflecting  mind  will  be  satisfied  that 
the  cause  of  temperance,  together  with  other  attributes 
of  good  government,  has  been  advancing  recently  all 
along  the  line,  in  city  and  town,  in  methods  and  results, 
and,  above  all,  in  public  opinion.  Energetic  action  under 
existing  laws  may  produce  quite  as  satisfactory  gains  as 
feverish  etl'orts  to  secure  new  legislation. 

The  license  vote  in  1894  in  this  Commonwealth  was  as 
follows  :  55  towns  voted  "Yes",  265  towns  voted  "Xo", 
3  towns  were  tied,  viz.,  Monterey,  iNlount  Washington, 
Georgetown;  19  cities  voted  "Y'es",  11  cities  voted 
"No";  19  towns  chamred    "No"  to  "Y^es",   20  towns 


Governor's  Address.  715 

changed  "Yes"  to  "No",  284  towns  unchanged;  3  cities 
changed  ' '  No  "  to  "  Yes  ",  viz. ,  Pittstield,  L}'nn  and  Salem  ; 
2  cities  changed  "Yes"  to  "Xo",  viz.,  Haverhill  and 
Medford. 

It  will  be  observed  that  public  sentiment  in  Monterey, 
Mount  Washington  and  Georgetown  is  evenly  divided; 
but  that  there  has  been  a  well-sustained  advance  in  tem- 
perance sentiment  there  can  be  no  doubt. 

COaiMISSIOXS,    BOARDS,    ETC. 

I  may  say  generally  that  the  administrative  boards  and 
commissions  have  l)een  active,  industrious  and  faithful. 
I  am  confirmed  in  the  opinion,  previously  expressed,  that 
the  office  of  commissioner  of  foreign  mortgage  corpora- 
tions should  be  abolished  and  the  work  of  that  office 
placed  under  the  control  of  the  commissioner  of  corpo- 
rations. Unit}^  in  the  principle  of  administration,  sim- 
plicity of  system,  are  to  be  preferred  to  the  loose, 
slovenly  method  of  creating  an  executive  board  or  office 
which  seems  to  be  an  unconnected  and  unrelated  paii;  of 
the  body  politic.  Upon  the  same  principle,  the  trustees 
of  the  state  primary  and  reform  schools  should  have  more 
if  not  complete  control  of  the  children  in  the  several  in- 
stitutions managed  by  them,  subject,  of  course,  to  the 
general  supervision  of  the  board  of  lunacy  and  charity. 
The  board  of  health,  besides  its  regular  functions,  has 
been  engaged  in  working  out  important  projects  calcu- 
lated to  produce  great  benefit  to  the  public,  notably  the 
Charles  river  dam,  about  which,  however,  a  diversity  of 
opinion  exists,  and  the  obtaining  from  the  Nashua  river 
an  abundant  water  supply  for  a  large  portion  of  the  state. 
The  harl)or  and  land  commission  is  prosecuting  with  vigor 
the  filling  in  of  the  flats  owned  by  the  Commonwealth  on 
or  near  the  water  front  in  Boston,  and  may  soon  be  called 
upon  to  further  develop  and  improve  the  capacity  and 
convenience  of  the  harbor.  The  metropolitan  park  sys- 
tem, comprising  the  reservations  of  the  Middlesex  Fells, 
Blue  Hills,  Stony  Brook  and  Beaver  Brook,  about  6,070 
acres  in  all,  is  progressing  as  rapidly  as  is  compatible 
with  wise  and  economical  management. 

One  million  dollars  was  oriainally  appropriated,  $900,- 
000  for  the  purchase  of  lands,  $100,000  for  labor  and 
other  expenses,   which  sums  have  now  been  nearly  ex- 


716  Governor's  Address. 

pended.  A  further  sum  of  $500,000  was  appropriated 
for  boulevards,  which  has  not  3'ct  been  expended.  The 
commissioners  have  intimated  that  the  task  of  construct- 
ing these  boulevards  outside  the  reservation  should  be 
committed  to  some  other  department,  and  the  suggestion 
merits  your  careful  consideration. 

HIGHWAY    COMMISSION. 

The  work  of  the  highway  commission  is  important,  and 
I  commend  the  report  of  the  commission  to  your  most 
diligent  examination.  The  people  have  responded  cj[uickly 
and  cordially  to  the  suggestion  that  good  roads  mean 
business,  comfort,  convenience  and  economy.  One  hun- 
dred and  six  petitions  for  highways,  under  the  law  of 
1894  and  previous  enactments,  have  been  presented, 
covering  five  hundred  miles  of  road.  AVork  has  been 
commenced  on  fifty  miles  of  road,  in  thirty  different  cities 
and  towns.  The  hearings  given  by  the  board  in  every 
county  have  been  largely  attended.  A  great  expenditure 
may  seem  to  be  required,  the  cost  of  construction  running 
from  $2,500  to  $10,000  a  mile,  but  your  wisdom  must 
determine  the  appropriations  necessary  and  proper  for 
this  great  and  beneficent  work.  I  merely  suggest  that  the 
more  ponderous  and  expensive  machinery  of  road  making, 
as  steam  rollers,  stone  crushers,  etc.,  l)e  owned  by  the 
Commonwealth,  and  let  to  the  towns  on  reasonable  terms 
as  occasion  requires. 

CATTLE    COMMISSION   AND   TUBERCULOSIS. 

The  vast  importance  of  the  work  now  undertaken  under 
the  law  of  1894  by  the  cattle  conunission  cannot  be  over- 
rated. A  great  crisis  confronts  us.  It  is  not  confined  to 
the  Commonwealth,  —  it  is  a  problem  which  demands 
solution  from  the  civilized  world. 

Vigorous  yet  well  directed  action  is  necessary.  The 
health  of  the  community  must  be  protected.  "Where  the 
interests  of  property  clami  our  attention  as  opposed  to 
the  interests  of  persons,  the  interests  of  persons  must  be 
our  first  care.  Yet  both  interests  must  be  secured  and 
promoted  as  far  as  possible  by  wise  and  conservative 
measures. 

Somewhat  extravagant  ideas  are  prevalent  as  to  the 
extent  and  method  of  the  work  done. 


Governor's  Address.  717 

The  whole  number  of  animals  examined  since  the  law 
of  1894  went  into  effect  up  to  Dec.  15,  1894,  is  5,392  ;  of 
these,  810  were  condemned  and  killed  as  tuberculous.  The 
compensation  on  the  basis  of  half  the  value  for  those  killed 
amounted  to  $15,280.45.  The  commissioners  find  that 
on  the  island  of  Nantucket  less  than  1  (.07)  per  cent,  of 
the  cattle  were  tuberculous  out  of  618  animals  examined, 
and  their  judgment  is  that  of  all  the  cattle  in  the  Com- 
monwealth not  more  than  10  per  cent,  are  thus  affected. 
The  alarming  spread  of  tuberculosis  is  confined  in  a  large 
measure  to  the  last  ten  years.  The  vigorous  and  sys- 
tematic measures  now  adopted  are  similar  to  those  em- 
ployed when  pleuro-pneumonia  invaded  Massachusetts. 
Canada,  New  York,  the  other  New  England  states,  Penn- 
sylvania, Ohio,  New  Jersey  and  Nebraska,  and  several 
other  states  are  proceeding  upon  similar  lines  to  those  fol- 
lowed here,  with  some  differences  in  methods  of  quarantine 
and  in  the  matter  of  compensation.  In  such  legislation 
as  may  be  enacted  I  know  that  your  wisest  care  and  best 
judgment  will  be  exercised  and  that  no  backward  step 
will  be  taken. 

STATE   PRISON. 

The  condition  of  the  state  prison  is  greatly  improved, 
—  in  di3ci[)line,  morale,  health,  and  in  financial  results 
accruing  from  prison  industries.  The  new  wing  for  re- 
fractory prisoners  is  almost  completed.  The  industries, 
expenditures  and  general  management  are  believed  to  be 
now  regulated  by  sound  business  judgment  and  by  human- 
itarian principles.  A  careful  examination  of  the  financial 
statement  of  the  warden  will  show  during  the  past  year  a 
net  sa^dng  of  more  than  $30,000. 

The  health  bulletin  is  not  only  satisfactory,  but  instruc- 
tive and  encouraging.  There  are  at  this  time  (Dec.  28, 
1894)  two  men  sick  in  the  hospital  with  consumption,  in 
all  probability  contracted  before  they  entered  the  prison. 
One  inmate  broke  his  arm  on  the  27th  inst.  (December). 
The  remaining  cases,  less  than  ten,  are  those  of  men 
slightly  indisposed.  During  the  last  three  years  there 
were  cases  admitted  to  the  hospital  for  minor  complaints  as 
follows :  1892,  94  cases,  total  number  of  inmates,  649  ; 
1893,  102  cases,  total  number  of  inmates,  669 ;  1894, 
109  cases,  total  number  of  inmates,  667.  In  1892,  the 
deaths  numbered  2  ;  in  1893  (one  a  suicide) ,  3  ;  in  1894,  4. 


18  Governor's  Address. 

In  the  year  1894  the  causes  of  death  were  cancer  of 
stomach,  tuberculosis,  pistol  shot  wound  and  chronic  ne- 
phritis. These  statistics  woukl  seem  to  prove  that,  so  tar 
as  bodily  health  is  concerned,  the  management  and  dis- 
cipline of  the  prison  are  favorable  to  health  and  life.  The 
expediency  of  extending  the  policy  of  indeterminate  sen- 
tences to  other  classes  of  convicts  is  worthy  your  careful 
consideration. 

KAPID   TRANSIT   IN   BOSTOX. 

The  legislature  last  j^ear  passed  an  act  which  provided 
for  the  creation  of  a  commission  entitled  tlie  Boston 
Transit  Commission,  to  be  composed  of  two  memT)ers,  ap- 
pointed by  the  governor  with  the  advice  and  consent  of  the 
council,  and  the  three  members  of  the  previously  created 
subway  commission.  This  act,  having  been  accepted  by 
the  city  of  Boston  at  a  special  election  held  for  that  pur- 
pose, took  effect  in  July  last,  and  the  two  members  of  the 
commission  to  be  appointed  by  the  governor  were  forth- 
with named  and  approved. 

The  Boston  transit  commission  is  required  to  ])uild  a 
new  In'idge  to  Charlestown,  at  such  cost  as  may  be  found 
expedient,  and  is  authorized  to  construct  a  subM'ay 
or  subways  within  certain  defined  limits,  the  central 
feature  being  a  subway  under  the  Tremont  street  mall  of 
the  Common,  and  thence  to  Scollay  square,  and  beyond 
to  an  exit  or  exits  at  some  point  northerly  thereof.  In 
building  such  subways,  the  connnissiou  is  empowered  to 
expend  the  sum  of  $7,000,000,  which  sum  the  city  of 
Boston  is  to  raise  by  a  special  loan. 

The  commission  is  prosecuting  the  preparatory  work 
with  diligence  and  discretion.  Of  this  I  have  satislicd 
myself  by  a  personal  examination. 

The  legislature  of  181>3  authorized  the  construction  of  a 
subway,  subject  to  the  approval  of  the  city  council  of  the 
city  of  Boston,  which  approval  was  given  in  December  of 
the  same  year.  The  legislature  of  last  year  supplemented 
the  action  of  the  legislature  of  1893  by  enlarging  the  com- 
mission and  extending  and  defining  its  powers.  The 
citizens  of  Boston,  at  a  special  election  called  for  the  pur- 
pose, approved  of  the  act.  The  work  of  the  commission 
is  already  well  begun.  I  therefore  trust  that  the  legis- 
lature will  take  no  action  calculated  to  hinder  or  impede 
the  consummation  of  this   important  improvement,  and 


Governor's  Address.  719 

that,  on  the  other  haud,  it  will  give  consideration  to  such 
perfecting  amendments  of  the  act  as  in  the  development 
and  execution  of  the  work  may  be  deemed  desirable  by 
the  commission,  in  order  to  enable  it  to  secure  the  best 
results  in  the  most  economical  manner. 

On  the  27th  day  of  December  last  the  commission  took 
by  right  of  eminent  domain,  as  one  of  the  termini  of  the 
subway,  the  property  of  the  Boston  and  Maine  Railroad 
between  Haymarket  square  and  Causeway  street  in  Boston, 
and  have  substantially  agreed  with  the  corporation  that 
the  compensation  to  be  paid  for  the  premises  shall  be 
$750,000.  There  are  124,000  square  feet  in  the  lot,  of 
which  76,000  square  feet  are  owned  in  fee  by  the  corpora- 
tion, with  a  perpetual  easement  in  the  48,000  square  feet 
remaining. 

The  Boston  Elevated  Railway  Company  furnishes  the 
following  statement,  in  answer  to  my  inquiry  as  to  the 
progress  made  in  its  undertaking  :  "  Plans  of  routes  have 
been  made  and  application  for  approval  of  the  same  will 
be  made  to  the  board  of  aldermen  as  soon  as  arrange- 
ments are  completed,  after  the  first  of  January.  The 
deposits  required  to  be  made  depend  upon  the  approval 
by  the  board  of  aldermen,  and  will  be  made  pursuant  to 
the  act,  after  the  board  of  aldermen  have  passed  upon  the 
location. 

"  The  first  route  to  be  con.structed  runs  from  Sullivan 
square,  Charlestown,  to  Franklin  Park,  and  passes  through 
the  congested  district  upon  a  line  as  near  as  may  be  to 
Washington  street  on  the  east.  The  prolilem  of  land 
damages  throu<rh  the  cono-ested  district  is  one  which  has 

o  cT  ;ri 

always  embarrassed  those  who  have  undertaken  this  work ; 
but  the  estimates  made  by  leading  experts  in  such  matters 
in  this  country  show  that  they  will  not  be  so  large  as  to 
ofier  insurmountable  obstacles  to  construction,  as  has  been 
claimed." 

SAVINGS   BANKS. 

During  the  year  ending  Oct.  31,  1894,  1,044,649  de- 
posits, amounting  to  $74,946,570.01,  were  made  in  the 
one  hundred  and  eighty-five  savings  banks  of  this  com- 
monwealth;  $15,770,963.89  in  dividends  were  placed  to 
the  credit  of  depositors ;  during  the  same  period  there 
were  968,577  withdrawals,  amounting  to  $74,124,697.33; 
leaving  the  aggregate  amount  at  the  credit  of  depositors 


720  Goveenok's  Addkess. 

on  that  day  of  $416,778,017.53,  represented  by  1,247,090 
accounts,  an  averase  of  §334.20  to  each  account.  The 
total  assets  of  the  lianks  amount  to  S442, 391, 264.81. 

As  compared  ^vith  the  previous  j'ear  these  figures  show 
a  decrease  of  56,761  in  number  of  deposits  made;  a  de- 
crease of  $780,901.02  in  amount  of  deposits  made;  an 
increase  of  15,524  in  number  of  withdrawals  made  ;  a 
decrease  of  $10,278,377.96  in  amount  of  withdraAvals 
made;^  an  increase  of  $115,398.08  in  dividends;  an  in- 
crease of  $16,782,447.72  in  the  aggregate  of  deposits  ;  an 
increase  of  $17,811,930.43  in  total  assets;  an  increase  of 
$4.85  in  the  average  to  each  account. 

The  condition  of  our  savings  banks,  after  so  long  a 
period  of  depression  and  trial  as  that  through  which  we 
have  been  passing,  is  eucourairinir. 

CO-OrERATIVE    BANKS. 

Amountofduescapital,  Oct.  31,  1894,  about  .  .  §15,644,542  69 
Amount  of  dues  capital,  Oct.  31,  1893,         .        .         .       14,516,478  48 


Gain  during  the  year,  about         ....       $1,128,000  00 

"Dues  capital"  represents  the  actual  savings  of  the 
members  paid  by  them  into  the  banks,  the  profits  to  which 
they  arc  entitled  being  kc})t  in  a  separate  account,  called 
"profits  capital,"  and  not  added  to  the  principal  of  the 
deposits,  as  is  done  in  savings  banks ;  each  shareholder, 
however,  receives  his  proportion  of  the  profits  when  he 
withdraws  from  the  bank. 

The  total  assets  of  the  banks  Oct.  31, 1894,  were  about  $18,585,000  00 
The  total  assets  of  the  banks  Oct,  31, 1893,  were  about     17,085,000  00 


Gain  for  the  year,  about $1,500,000  00 

The  importance  and  benefit  of  these  co-operative  banks 
to  the  people  of  the  Commonwealth  cannot  be  overlooked 
by  intelligent  legislator.s. 

In  addition  to  the  increase  of  deposits  in  the  savings 
banks,  the  co-operative  banks,  which  are  5'i<asi  institutions 
for  savings,  show  an  increase  of  dues  paid  in,  which, 
though  not  as  large  as  for  the  previous  year,  is  ncAerthe- 
less  gratifying  in  view  of  the  continued  depression  in 
business;  the  dues  capital  of  the  117  banks  being  on 
October  31  last  about  81,128,000  more  than  at  the  same 


Governor's  Address.  721 

date  in  1893  ;  the  total  assets  of  the  banks  being  some 
$1,500,000  larger  than  the  previous  year. 

THE    MILITIA. 

It  is  simple  justice  to  say  that  the  militia  was  never  in 
better  condition  than  at  present.  The  parade  in  October 
last  of  the  whole  force  gave  such  full  opportunity  for 
l")ul)lic  examination  that  extended  comment  seems  super- 
fluous. The  work  of  the  staff'  has  been  well  done  as 
regards  the  inspector's  department ;  the  surgeon  general 
with  his  admirable  ambulance  system  ;  the  rifle  practice  ; 
and  the  zeal  and  devotion  of  ofiicers  and  men,  so  ably 
controlled  and  directed  by  the  adjutant  general  and  the 
commanding  oSicers, — deserve  warm  commendation.  It 
will  be  difficult  for  disturbers  and  agitators  to  arouse  any- 
thing but  the  most  fraternal  feeling  between  the  militia 
and  the  people,  because  the  militia  is  created  by  the 
people,  of  the  people  and  for  the  people.  In  the  language 
of  the  Constitution  (Chap.  II.,  Art.  VII.),  the  governor 
is  given  power,  "  for  the  special  defence  and  safety  of  the 
Commonwealth,  to  assemble  in  martial  array  and  put  in 
warlike  posture  the  inhabitants  thereof."  And  the  militia 
of  the  Commonwealth  represents  simply  the  "  inhal)itants 
thereof"  arrayed  to  protect  the  majestj^  of  the  Common- 
wealth and  the  rights  and  the  peace  of  the  people. 

IN    GENERAL. 

Facts  and  statistics  of  great  interest  and  importance 
will  result  from  the  elaborate  investigations  made  by  the 
"Greater  Boston"  Commission,  as  it  is  popularly  called, 
and  also  from  those  made  by  the  board  of  inquiry  into 
the  condition  of  the  unemployed. 

The  board  of  police  for  the  city  of  Boston  has  been  pro- 
ceeding with  commendal)le  vigor  in  the  difficult  task  of 
suppressing  illegal  liquor  selling,  houses  of  bad  repute, 
lotteries  and  gambling  in  all  its  forms.  The  morale  of  the 
police  force  has  been  improved  and  the  labors  of  the  board 
have  been  rewarded  by  excellent  results.  The  chairman 
of  the  board  recommends  that  the  laws  relating  to  the 
assayer  of  liquors  be  amended  so  as  to  give  ampler  powers 
to  that  official ;  and  he  further  suggests  that  the  police 
force,  not  only  of  Boston  but  of  other  places,  be  instructed 
in  military  drill  as  to  the  use  of  flrcarms,  and  that  stacks 


722  Governor's  Address. 

of  arms  be  kept  in  police  stations  ready  for  emergency, 
thus  rendering  the  calling  out  of  the  militia  in  many  cases 
unnecessary. 

The  commendable  work  of  the  police  commission  of 
Fall  River  seems  to  justify  the  action  of  the  legislature  in 
creating  the  commission  ;  and  good  results  have  come  from 
the  transference  of  the  control  of  liquor  licenses  from  the 
mayor  and  aldermen  of  cities  to  license  boards  throughout 
the  Commonwealth. 

The  gas  commission  continues  to  perform  with  judg- 
ment and  diligence  the  responsible  duties  imposed  upon  it 
and  which  have  been  recently  greatly  increased. 

The  fire  marshal  is  perfoi-ming  his  duty  with  vigor  and 
judgment. 

The  board  of  agriculture  was  never  more  active  than 
now,  or  more  successful  in  arousing  public  interest  in  sci- 
entific and  practical  farming.  The  agricultural  college  is 
flourishing,  and  its  graduates  have  obtained  a  strong  hold 
upon  the  confidence  of  the  |)ublic. 

The  good  ofiiccs  of  the  l)()ard  of  arbitration  and  concilia- 
tion have  been  sought  or  given  on  many  occasions,  and 
have  contributed  not  a  little  to  the  amicable  settlement  of 
questions  between  employer  and  employed. 

In  connection  with  the  subject  of  labor,  I  may  say  that 
your  attention  will  doubtless  be  called  to  the  expediency 
of  amending  the  act  passed  last  year  relating  to  the 
"particulars"  to  be  furnished  to  operatives  in  textile 
industries.  The  act  is  said  to  be  ambiguous  in  some  of 
its  provisions.  AVhile  the  just  claims  of  the  operatives 
will,  I  doubt  not,  receive  from  you  the  attention  they 
merit,  yet,  in  view  of  the  keen  competition  which  our 
manufacturers  are  now  compelled  to  meet  from  sections 
of  the  country  more  favored  by  nature  in  manufacturing 
conditions,  care  must  be  taken  that  the  obstacles  and 
drawbacks  now  existing  here  should  not  be  increased  or 
magnified  by  harassing  legislation.  It  is  a  most  encour- 
asing  fact  that  even  under  the  severe  strain  which  the 
recent  distress  brought  upon  employer  and  employee 
alike,  such  amicable  relations  were  in  most  instances 
maintained,  and  such  intelligent  and  just  regard  was 
given  by  each  to  the  rights  and  interests  of  the 
other. 

The  interests  of  the  civil  service,  of  insurance  and  fish 
and  irame  have  been  ably  cared  for. 


Governor's  Address.  723 

The  nautical  training  school  has  been  put  in  excellent 
condition.  P^xtravagance  has  been  checked,  many  defects 
have  been  remedied,  and  many  improvements  made. 

The  labors  of  the  military  and  naval  historian  are  pro- 
gressing rapidly  and  satisfactorily.  You  may  be  required, 
however,  to  make  further  provision  to  ensure  the  comple- 
tion of  the  work. 

The  governor  and  council  have  been  authorized  to 
supervise  the  continued  publication  of  the  province  laws, 
and  have  entered  upon  that  duty,  which  it  may  be  hoped 
will  be  brought  to  a  close  with  all  reasonable  promptness 
and  economy. 

The  boards  of  registration  in  pharmacy,  medicine  and 
dentistry  are  rendering  good  service  to  the  Common- 
wealth, registration  under  the  new  law  in  medicine  num- 
bering 3,017. 

The  bureau  of  labor  statistics  is  pursuing  its  thorough 
and  valuable  labors  under  the  direction  of  its  able  chief, 
Mr.  Wadlin,  and  is  already  well  advanced  in  the  prelimi- 
nary work  on  the  census  of  1895. 

The  noble  building  in  which  you  are  assembled  attests  the 
intelligent  labors  of  the  commission  on  state  house  extension. 

I  offer  the  following  suggestions  :  — 

If  in  your  judgment  the  office  of  superintendent  of 
prison  industries  is  to  be  continued,  that  official  should  be 
placed  under  the  supervision  of  the  prison  commission. 
Under  a  temporary  arrangement,  the  secretary  of  the  com-  ♦ 

mission  is  at  present  performing  the  duties  of  both  offices 
for  one  salary,  and  3"ou  may  decide,  after  due  considera- 
tion, to  make  this  arrangement  permanent. 

There  are  upwards  of  three  hundred  epileptics  in  Massa- 
chusetts, scattered  about  in  the  various  state  institutions. 
The  public  safety  as  well  as  the  promptings  of  intelligent 
humanity  suggest  that  a  separate  hospital  should  be  pro- 
vided for  these  unfortunates,  where  they  can  have  the 
advantage  of  proper  and  special  treatment. 

It  will  be  well  to  consider  whether  more  stringent  legis- 
lation is  not  needed  to  check  the  brutality  of  the  prizs 
fight  and  the  sparring  bout. 

I  hold  to  the  views  expressed  in  the  message  of  last 
year  as  to  the  extension  of  municipal  suffrage  to  women. 

I  think,  too,  that  the  time  is  rij)e  for  a  thorough  and 
decisive  consideration  of  the  great  question  of  inaugurating 
biennial  elections  in  this  Commonwealth. 


724  Governor's  Address. 

Thus  I  have  endeavored  briefly  and  rapidly  to  enumer- 
ate most  of  the  various  agencies  by  which  the  executive 
functions  of  the  Commonwealth  are  performed,  and  to 
suggest  some  necessary-  and  l)pneficial  changes.  It  is  of 
the  greatest  importance  that  the  governor  and  council 
should  keep  a  close  watch  over  all  these  agencies,  and  I 
can  testify  most  emphatically  to  the  diligent,  faithful  and 
intelligent  service  of  the  executive  council  in  this  direc- 
tion, and,  speaking  generally,  a  commendable  zeal  and 
activity  seem  to  be  manifested  in  all  departments. 

A  number  of  recommendations  were  made  in  the  mes- 
sage of  the  governor  last  year,  and  several  of  them  have 
been  adopted.  The  qualifications  of  voters  as  to  reading 
and  writing  to  be  determined  by  a  uniform  test  was  one 
of  these,  and  the  result  appears  to  be  satisfactory. 

The  registration  of  practitioners  in  medicine  was  an- 
other, which  has  also  been  attended  by  excellent  results. 

Another  judge  was  recommended  for  the  municipal 
court  of  Boston,  —  a  recommendation  adopted  and  acted 
on  to  the  great  relief  of  the  business  of  the  court  and  the 
general  benefit  of  the  public. 

The  establishment  of  April  the  nineteenth  as  a  legal  holi- 
day, under  the  name  of  Patriots'  Day,  appeared  to  touch 
a  responsive  chord  in  the  heai-t  of  the  people,  as  was  evi- 
denced by  the  first  celebration  of  the  day  in  Concord  and 
Lexington  last  year. 

A  larger  life  would  seem  to  be  opening  before  this 
active,  intelligent  and  aspiring  Commonwealth.  It  will 
be  your  duty  to  protect  and  foster  her  every  interest, 
material,  moral  and  intellectual,  so  far  as  they  come  within 
the  province  of  legislation.  The  facilities  ofiered  for  busi- 
ness and  connnerce,  for  the  public  health  and  comfort,  in 
river  or  harbor,  in  city  en'  town,  are  to  be  developed  and 
improved  in  every  wise  and  judicious  way. 

Charity,  gracious  but  inexorable,  demands  from  you 
the  magnanimous  response  which  Massachusetts  has  never 
failed  to  give.  Education  lays  its  imperial  tax  upon  the 
treasury  with  an  autocratic  power  readily  acknowledged 
and  obeyed  by  the  intelligence  and  conscience  of  the 
people.  Justice  insists  that  her  temples  shall  be  kept 
pure ;  that  the  ermine  of  our  judiciary  shall  continue  to 
be  spotless ;  that  the  profession  of  the  law  shall  be  the 
practice  of  exalted  })rinciples  developed  by  the  wisdom 
of  ages;  and  that  juries  shall  be  "good  and  true  men," 


Governok's  Address.  725 

fit  to  decide  honestly  and  wisely  the  rights  of  intelligent 
freemen. 

Comprehensive  legislation  —  not  multiplicity  of  legis- 
lation—  is  to  be  sought;  the  principle  muUum  non  multa 
may  well  be  followed  in  your  law-making  labors.  Special 
legislation  is  to  be  discouraged  on  all  accounts. 

You  meet  for  the  first  time  in  this  no])le  and  classic  hall, 
and  may  the  great  memories  and  associations  which  cluster 
around  the  venerable  building  which  you  have  left  be  only 
the  forerunners  of  the  patriotic  labors  and  achievements  to 
be  done  and  performed  here  by  you  and  your  successors, 
and  which  shall  consecrate  and  endear  this  grand  structure 
to  the  hearts  of  the  people  to  the  latest  generation. 

May  the  true  voice  of  the  people  always  be  heard  in 
these  halls  ;  may  the  people  Inspire  their  representatives, 
and  may  their  representatives  in  turn  inspire  the  people  ; 
may  this  liuilding,  as  long  as  one  stone  rests  uj)()n  another, 
be  the  temple  of  constitutional  liberty  ;  here  let  the  tongue 
of  the  demagogue  cleave  to  the  roof  of  his  mouth,  let  the 
right  hand  of  the  anarchist  forget  its  cunning ;  let  these 
walls  echo  only  with  the  loftiest  ho[)es  and  the  grandest 
purposes  of  freemen  ;  may  here  forever  be  found  the  clear 
and  incorruptible  source  of  the  wise,  just  and  equal  legisla- 
tion of  an  intelligent,  liberal-minded,  high-souled  people, 
ever  true  to  the  purpose  of  the  fathers,  directing  all  their 
eiforts  "  to  the  end  that  this  may  be  a  government  of  laws 
and  not  of  men." 


726  Special  Messages. 


SPECIAL    MESSAGES. 


THE    FOLLOWING    SPECIAL    COMMUXICATIOXS     WERE    MADE     BY     HIS 

EXCELLENCY  THE  GOVERNOR    TO   THE   LEGISLATURE 

DURING  THE   ANNUAL    SESSION. 

[To  the  senate  and  house  of  representatives,  January  7,  1895.] 

Pardons.  J  htivG  the  honor  herewith  to  present,  in  compliance 

with  chapter  50  of  the  resolves  of  1860,  a  report  of  the 
forty-eight  pardons  issued  by  the  governor  and  council 
during  the  year  of  my  administration  just  closed. 

Of  the  luimber  thus  released  nine  were  in  the  state 
prison,  nineteen  in  houses  of  correction,  eighteen  in  the 
Massachusetts  reformatory,  and  one  each  in  the  reforma- 
tory prison  for  women  in  Sherborn  and  house  of  industry 
on  Deer  Island.  Sickness  was  the  controlling  reason  for 
the  discharge  of  eight,  three  of  whom  have  since  died. 

FREDERIC   T.    GREENHALGE. 


No.  1.  Thomas  McDoxald.  Convicted  of  breaking 
and  entering.  Superior  Court,  Suffolk  county,  September 
term,  1892.  Sentenced  to  the  house  of  correction  for  two 
years.  Pardoned  Jan.  25,  1894.  McDonald  was  sufler- 
ing  from  pulmonary  consumption  with  little  prospect  of 
recovery. 

Xo.  2.  Joseph  ]\IcSwiGGix.  Convicted  of  rape,  Supe- 
lior  Court,  Essex  county,  Oct.  2(5,  1891.  Sentenced  to 
ten  years  in  the  state  prison.  Pardoned  Feb.  1,  1894. 
The  district  attorney  who  prosecuted  the  case  was  satis- 
tied,  after  having  had  the  case  carefully  investigated  by 
a  member  of  the  district  police,  that  McSwiggin  was 
guilty  of  a  crime  far  less  serious  than  that  of  which  he 


Special  Messages.  72T 

was  convicted,  and  he  believed  the  ends  of  justice  had  Pardons. 
been  answered  by  the  imprisonment  already  served.  The 
evidence  was  conclusive  that  the  complainant,  upon  whose 
testimony  the  prisoner  was  convicted,  was  a  woman  of 
notoriously  unchaste  character,  addicted  to  drunkenness, 
and  an  untruthful  witness. 

No.  3.  George  William  Graham.  Convicted  of 
adultery,  Superior  Court,  Suffolk  county,  Aug.  13,  1892. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned Feb.  8,  1894.  Graham  was  seriously  ill  with  pul- 
monary consumption,  with  little  hope  of  recovery. 

No.  4.  Mary  Plunket.  Convicted  of  drunkenness, 
Police  Court,  Springfield,  Aug.  13,  1892.  Sentenced  to 
the  reformatory  prison  for  women  for  two  years.  Trans- 
ferred to  the  Worcester  insane  hospital  Oct.  15,  1892. 
Pardoned  Feb.  15,  1894,  for  removal  to  the  city  insane 
asylum  at  Springfield,  her  case  having  been  declared  by 
Dr.  Quinby,  superintendent  of  the  Worcester  hospital,  as 
chronic,  and  not  likely  to  improve  further  from  hospital 
treatment. 

No.  5.  William  F.  Collins,  alias  Kelly.  Con- 
victed of  larceny,  Superior  Court,  Suffolk  county,  Nov. 
13,  1893.  Sentenced  to  the  house  of  correction  for  one 
year.  Pardoned  Feb.  19,  1894.  Collins  was  suffering 
from  valvular  disease  of  the  heart,  and  acute  phthisis. 
He  lived  less  than  twenty-four  hours  after  his  release. 

No.  6.  William  Murphy.  Convicted  of  stu])born- 
ness.  First  Eastern  District  Court,  Middlesex  county, 
Nov.  18,  1893.  Sentenced  to  the  Massachusetts  reforma- 
tory, on  an  indeterminate  sentence.  Pardoned  Feb.  27, 
1894,  upon  the  recommendation  of  the  commissioners  of 
prisons.     Murphy  was   seriously  ill   Avith   consumption,  i 

with  little  hope  of  recovery.     He  died  April  26,  1894.  \ 

No.  7.  Nathaniel  alias  Nathan  H.  Lee.  Convicted 
of  adultery,  Superior  Court,  Essex  county.  May  17,  1893. 
Sentenced  to  the  house  of  correction  for  18  months.  Par- 
doned Feb.  27,  1894,  upon  the  recommendation  of  the 
county  commissioners,  city  marshal,  and  probation  ofiicer 
of  Lawrence,  and  district  attorney  Moody,  the  prosecut- 


728  Special  Messages. 

Pardons.  |,^o-  officor,  Oil  the  sTound  that  if  all  the  facts  of  the  case 

had  been  known  at  the  time  of  trial  the  sentence  would 
undoul)tedly  have  been  materially  less.  The  prisoner  had 
no  counsel  at  the  trial,  and  facts  that  would  have  afiected 
the  sentence  were  not  brought  to  the  attention  of  the  court 
for  that  reason. 

Xo.  8.  Eddie  Wood  alias  Edmund  Dubois.  Con- 
victed of  larceny,  Central  District  Court,  Worcester 
county,  Oct.  11,  1893.  Sentenced  to  the  Massachusetts 
reformatory  on  an  indeterminate  sentence.  l^irdoned 
March  2,  1894.  The  prisoner  was  fatally  ill  "vvitli  acute 
general  tuberculosis.  He  died  at  10  o'clock  the  same 
night. 

No.  9.  Thomas  How'LEY.  Convicted  of  drunkenness, 
Police  Court,  Lee,  Nov.  14,  18l>3.  Sentenced  to  one 
year  in  the  house  of  correction.  Pardoned  ]March  8,  1894, 
upon  the  recommendation  of  the  county  commissioners  and 
probation  officer  of  Berkshire  county,  on  the  ground  of 
excessive  sentence.  He  had  never  before  been  arrested, 
and  every  one  acquainted  with  the  circumstances  of  the 
case  considered  it  a  most  unreasonable  sentence,  a  small 
fine  or  a  term  not  exceeding  three  months  being  the  usual 
sentence  for  a  first  oilence. 

No.  10.  Thomas  K.  Watsox,  Jr.  Convicted  of 
stubbornness,  Municipal  Court,  Boston,  Oct.  14,  1893. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  March  15,  1894,  upon  the 
recommendation  of  the  commissioners  of  prisons.  As  he 
had  a  good  home  to  go  to,  it  was  thought  that  the  punish- 
ment he  had  received  was  sufficient. 

No.  11.  Samuel  G.  Nichols.  Convicted  of  perjury, 
Superior  Court,  Plymouth  county,  June  4,  18!>i.  Sen- 
tenced to  the  state  prison  for  four  years  and  eight  months. 
Pardoned  March  15,  1894.  The  justice  who  imposed  the 
sentence  and  the  district  attorney  who  prosecuted  the  case 
both  recommended  a  ])ardon.  His  crime  consisted  of 
false  swearing  in  a  case  against  his  wife,  who  was  charged 
with  a  violation  of  the  li(|uor  law.^.  By  it  the  rights  of 
no  individual  were  in  any  way  impaired.  About  that  time 
the  crime  of  perjury  in  the  courts  of  Bristol  county  had 


Special  Messages.  729 

become  flagrant,  and  it  was  felt  that  some  firm  stand  should  p^'^'IoiiS' 
be  taken  in  order  to  stop  it.     It  was  the  opinion  of  the 
pardon  committee  that  he  had  been  sufficiently  punished, 
and  that  the  granting  of  the  pardon  would  be  no  detri- 
ment to  justice. 

No.  12.  Thomas  J.  McManxis.  Convicted  of  stub- 
bornness, First  Eastern  District  Court,  Middlesex  county, 
July  24,  1893,  Sentenced  to  the  Massachusetts  reforma- 
tory on  an  indeterminate  sentence.  Pardoned  March  16, 
1894,  upon  the  recommendation  of  the  justice  who  im- 
posed the  sentence,  the  chief  of  police  and  selectmen  of 
Wakefield,  and  the  commissioners  of  prisons.  The  pris- 
oner appeared  to  have  been  sentenced  under  a  misappre- 
hension, and  should  have  been  placed  on  probation. 

No.  13.  Hans  A.  Erickson.  Convicted  of  break- 
ing and  entering,  Police  Court,  Lynn,  Nov.  22,  1892. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  March  30,  1894.  It  ap- 
peared that  Erickson,  who  was  but  15  years  of  age,  was 
tried  when  the  probation  officer  was  absent  from  the  court, 
and  his  case  was  not  investigated  by  that  officer.  It  is 
probable  if  such  an  investigation  had  been  made  at  the 
time  of  his  trial  he  would  have  been  placed  on  probation. 
The  pardon  was  recommended  by  the  judge  who  sentenced 
him,  the  city  marshal  of  Lynn,  and  the  commissioners  of 
prisons. 

No.  14.  Emma  A.  Blackmer.  Convicted  of  assault, 
Superior  Court,  Franklin  county,  Nov.  20,  1893.  Sen- 
tenced to  the  house  of  correction  for  9  months.  Pardoned 
April  12,  1894,  upon  the  recommendation  of  the  district 
attorney  who  prosecuted  the  case,  on  the  ground  of  hu- 
manity. The  prisoner  had  a  child  5  years  old,  who  was 
suflering  from  an  incurable  disease  and  needed  a  mother's 
care. 

No.  15.  Joseph  Platt.  -Convicted  of  highway  rob- 
bery, Superior  Court,  Middlesex  county,  Oct.  20,  1891. 
Sentenced  to  state  prison  for  six  years.  Pardoned  April 
26,  1894,  on  the  ground  that  the  oflence  was  less  serious 
than  was  originally  supposed.  The  district  attorney  cer- 
tified that  had  all  the  facts  regarding  the  case  been  known 
at  the  time  of  trial  lie  would  undoubtedly  have  received  a 
sentence  no  longer  than  the  one  he  had  already  served. 


730  Special  Messages. 

p»rdoDB.  j^Q    ]^(3      Fraxk  Clark.     Convicted  of  breaking  and 

entering,  Superior  Court,  Norfolk  county,  Dec.  14,  1892, 
Sentenced  to  the  state  pri.son  for  three  years.  Pardoned 
May  3,  1894,  upon  the  recommendation  of  judge  Richard- 
son, who  imposed  the  sentence.  It  appeared  that  the 
offence  was  of  a  less  serious  character  than  was  repre- 
sented at  the  trial,  and  that  he  would  not  have  received  a 
longer  sentence  than  the  time  which  he  had  been  impris- 
oned if  all  the  facts  had  been  presented  to  the  court. 

No.  17.  James  Patekson.  Convicted  of  bigamy, 
Superior  Court,  Middlesex  county,  Nov.  1,  1892.  Sen- 
tenced to  the  house  of  correction  for  two  and  a  half  years. 
Pardoned  May  10,  1894,  upon  the  recommendation  of  the 
chiefs  of  police  of  Everett  and  Maiden,  and  the  probation 
officer  of  First  Middlesex  district  court.  The  petitioners 
were  confident  that  Paterson  was  not  guilty  of  intention 
to  commit  crime.  He  supposed  thjii;  his  first  wife  had 
married  again,  and  that  that  released  him  from  previous 
obligations  to  her,  and  gave  him  the  right  to  marry  again. 
The  pardon  committee  were  unanimously  of  the  opinion 
that  he  had  been  sufficiently  punished. 

No.  18.  Patrick  Kerrigax.  Convicted  of  drunken- 
ness. Central  District  Court,  Worcester  county,  March  21, 
1894.  Sentenced  to  the  Massachusetts  reformatory  on  an 
indeterminate  sentence.  Pardoned  May  11,  1894.  The 
arresting  officer  testified  in  court  that  Kerrigan  was  idle 
and  vicious  and  would  not  work,  and  that  he  had  been 
arrested  before.  It  appeared  that  he  was  mistaken,  the 
prisoner  had  always  been  industrious  and  had  never  ])efore 
been  arrested.  A  young  man  of  the  same  name  who  had 
been  arrested  before  was  an  entirely  dilEFerent  person. 
The  officer  acknowledged  his  mistake.  The  judge  who 
imposed  the  sentence,  the  probation  officer,  the  commis- 
sioners of  prisons  and  Kerrigan's  employers,  all  recom- 
mended a  pardon. 

No.  19.  AYiLLiAM  Smittt.  Convicted  of  breaking 
and  entering,  Sonierville  ]\)lice  Court,  March  6,  1894. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  May  24,  1894,  upon  the 
recommendation  of  the  mayor  and  other  prominent  citi- 
zens of  Somervillc,  and  the  prison  commissioners.     If  the 


Special  Messages.  731 

case  had  been  properly  presented  at  the  trial  Smith  would  r^dona. 
undoubtedly  have  been  placed  on  probation  as  the  offence 
was  a  trivial  one. 

No.  20.  TJllie  Lewis.  Convicted  of  fornication, 
Municipal  Court,  Boston,  May  14,  1894.  Sentenced  to 
pay  a  fine  of  $20.  Pardoned  May  24,  1894.  It  was 
represented  at  the  trial  that  she  was  19  years  of  age,  buf 
it  was  subsequently  ascertained  that  she  was  but  15  years 
of  age  and  should  have  been  sent  to  the  state  industrial 
school  in  Lancaster  instead  of  the  house  of  industry  on 
Deer  Island  among  hardened  criminals.  The  chief  justice 
of  the  municipal  court  and  Miss  Todd,  assistant  probation 
officer,  recommended  a  pardon  for  the  purpose  of  com- 
mitting her  to  the  industrial  school. 

No.  21.  Emoey  E.  Lane.  Convicted  of  subornation 
of  perjury,  Superior  Court,  Norfolk  county,  Dec.  8,  1892. 
Sentenced  to  the  house  of  correction  for  two  years.  Par- 
doned May  26,  1894,  upon  the  recommendation  of  the 
selectmen  and  many  leading  citizens  of  Stoughtou,  where 
the  prisoner  resided,  and  the  district  attorney  who  prose- 
cuted the  case.  The  crime  was  committed  to  serve  a 
supposed  friend.  The  real  offender  was  acquitted  not- 
withstanding the  subornation  was  unsuccessful.  It  was 
the  opinion  of  the  pardon  committee  that  he  had  served  a 
sufficient  sentence  for  the  crime  committed. 

No.  22.  Richard  Flannigan,  Jr.  Convicted  of  drunk- 
enness. Second  Eastern  District  Court,  Middlesex  county, 
Oct.  5,  1893.  Sentenced  to  the  Massachusetts  reforma- 
tory on  an  indeterminate  sentence.  Pardoned  June  1, 
1894,  upon  the  recommendation  of  the  mayor,  chief  of 
police,  inspector  of  police,  probation  officer,  and  other 
leading  citizens  of  Waltham.  Flannigan  had  never  before 
been  placed  in  confinement  for  any  violation  of  the  law. 
It  was  believed  that  he  had  been  sufficiently  punished  and 
that  the  granting  of  a  pardon  would  encourage  him  to 
abandon  the  use  of  intoxicating  liquors. 

No.  23.  Benjamin  Marsh.  Convicted  of  drunkenness. 
Municipal  Court,  Boston,  March  15,  1894.  Sentenced  to 
the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence.    Pardoned  June  16,  1894,  upon  the  recommenda- 


732  Special  Messages. 

Pardons.  ^Jqj-^  ^f  ^\^q  prison  commissionei's.     He  had  never  before 

been  arrested  for  any  ofieuce.  He  had  a  wife  and  two 
small  children  who  were  dependent  npon  him  for  support. 
It  was  thought  that  a  pardon  would  tend  to  encourage 
him  to  lead  a  sober  life. 

Xo.  24.  Josephine  Broavn.  Convicted  of  polygamy, 
Superior  Court,  Suffolk  county,  Sept.  7,  IHi';-).  Sen- 
tenced to  the  house  of  correction  for  18  months.  Par- 
doned June  21,  1894.  She  was  in  the  last  stage  of 
pulmonary  consumption,  with  no  hope  of  recovery. 

Xo.  25.  George  Walker.  Convicted  of  rob})ery, 
Superior  Court,  Suffolk  county.  May  term,  1802.  Sen- 
tenced to  the  house  of  correction  for  four  years.  Par- 
doned June  21,  1894,  upon  the  recommendation  of  the 
district  attorney.  Walker  had  never  before  becu  arrested 
for  any  offence .  The  crime  for  which  he  was  serving  sen- 
tence was  committed  when  he  was  intoxicated,  and  was 
not  of  a  serious  nature.  He  had  a  good  home  to  go  to, 
and  the  pardon  committee  were  of  the  opinion  that  he 
would  profit  by  the  punishment  he  had  received,  and  that 
it  had  been  sufficient. 

Xo.  26.  JoHX  P.  Jackson.  Convicted  of  embezzle- 
ment, Superior  Court,  jNIiddlesex  county,  Nov.  15,  1893. 
Sentenced  to  the  house  of  correction  for  two  years. 
Pardoned  June  29,  1894.  The  prisoner  was  seriously  ill 
and  failing  rapidly.  Dr.  Utley,  the  prison  physician,  was 
of  the  opinion  that  there  was  little  hope  of  his  recovery 
unless  released.  As  this  was  his  first  offence  he  was 
thought  to  be  a  proper  subject  for  executive  clemency. 

Xo.  27.  Maud  Denney.  Convicted  of  forgery  and 
uttering,  Superior  Court,  Suffolk  county,  October  term, 
1893.  Sentenced  to  the  house  of  correction  for  two  years. 
Pardoned  July  19,  1894,  upon  the  recommendation  of 
the  complainant  and  the  district  attorney.  She  pleaded 
guilty  to  the  charge  of  forgery  under  a  misap}:)rehension, 
evidently  sup]:)Osing  she  was  doing  simply  what  was  nec- 
essary to  adjust  a  civil  claim.  The  pardon  conmiittee 
were  of  the  opinion  that  she  had  been  sufficiently  pun- 
ished for  any  crime  she  may  have  committed  in  connection 
with  the  matter. 


i 


Special  Messages.  733 

Xo.  28.  Scott  Lanning.  Convicted  of  assault  to  pardons. 
rob,  Superior  Court,  Worcester  county,  Aug.  22,  1893. 
Sentenced  to  the  state  prison  for  three  years.  Pardoned 
July  26,  1894,  upon  the  o-round  of  innocence.  The  dis- 
trict attorney  certitied  that  it  was  not  clear  in  his  mind 
that  Lanningr  was  the  man  who  committed  the  oft'ence. 
It  AA'as  established  beyond  a  doubt  in  the  minds  of  the 
pardon  committee  that  he  was  forty  miles  away  from  the 
town  where  the  crime  was  committed,  and  a  reputable 
witness  testified  that  it  was  an  impossibility  for  him  to 
have  committed  the  assault. 

No.  29.  Charles  A.  Barney.  Convicted  of  embez- 
zlement, Superior  Court,  Suffolk  county,  March  30,  1892. 
Sentenced  to  the  state  prison  for  three  3  ears.  Pardoned 
July  26,  1894,  upon  the  recommendation  of  the  complain- 
ants and  many  of  the  leading  citizens  of  Somerville. 
Barney  liecame  involved  in  a  questionable  transaction  in 
connection  with  the  order  of  the  Fraternal  Circle.  Resti- 
tution was  made.  His  previous  character  had  been  of  the 
best.  The  pardon  committee  were  of  the  opinion,  more 
than  half  the  sentence  having  been  served,  that  the  ends 
of  justice  had  been  answered. 

No.  30.  George  Colby.  Convicted  of  drunkenness, 
AVestern  District  Court,  Hampden  county,  Feb.  16,  1894. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Jul}'  27,  1894,  upon  the 
recommendation  of  the  justice  who  imposed  the  sentence, 
and  the  selectmen,  town  clerk  and  police  otficers  of  West- 
field,  the  home  of  Colby.  He  had  a  family  who  were  in 
destitute  circumstances ;  immediate  employment  awaited 
him.  His  friends  were  satisfied  that  he  had  thoroughly 
reformed  and  would  hereafter  lead  a  temperate  life. 

No.  31.  Alexander  Johnston.  Convicted  of  as- 
sault. Third  District  Court,  Bristol  couutj^,  March  3, 
1894.  Sentenced  to  the  house  of  correction  for  one  year. 
Pardoned  Aug.  15,  1894.  The  assault  was  of  a  less  se- 
rious nature  than  was  supposed  at  the  trial,  and  conse- 
quently the  justice  who  imposed  the  sentence  recommended 
some  abatement  of  it.  He  was  released  when  his  sentence 
had  half  expired. 


734  Special  Messages. 

r»»^*B..  No.  32.    Caroline  LaTiiomas.    Convicted  of  adultery, 

Superior  Court,  Worcester  county,  Oct.  11),  181*3.  Sen- 
tenced to  the  house  of  correction  for  one  year.  Pardoned 
Aug.  16,  1894,  upon  the  recommendation  of  the  district 
attorney,  who  certilied  that  "the  jmsoner  had  a  young 
child  ;  her  husband,  a  respectable  man,  very  much  desired 
to  take  her  and  establish  a  new  home  in  Canada."  In  view 
of  these  circumstances,  and  as  but  thirty  days  remained 
of  her  sentence,  a  pardon  was  granted. 

Xo.  33.  Edward  Laxnigan.  Convicted  of  breaking 
and  entering,  Superior  Court,  Suffolk  county,  June  term, 
1892.  Sentenced  to  the  house  of  correction  for  three 
years.  Pardoned  Sept.  6,  1894.  It  was  proven  conclu- 
sively that  Lannigan  did  not  enter  the  house  for  the  pur- 
pose of  stealing,  l)ut  by  mistake  or  through  a  disordered 
mind.  He  was  considered  irresponsible  by  reason  of  a 
kick  in  the  head  from  a  horse.  The  district  attorney 
recommended  his  pardon. 

No.  34.  Robert  Clark.  Convicted  of  larceny,  Mu- 
nicipal Court,  Boston,  Dec.  19,  1893.  Sentenced  to  the 
house  of  correction  for  one  year.  Pardoned  Sept.  13, 
1894.  The  justice  who  imposed  the  sentence,  after  a 
very  careful  investigation,  recommended  that  a  pardon  be 
granted.  The  offence  was  a  very  slight  one.  The  pardon 
committee  were  of  the  opinion  that  the  object  of  imprison- 
ment had  been  accomplished. 

No.  35.  George  Rouxdtree.  Convicted  of  drunk- 
enness, First  District  Court,  Bristol  county,  Aug.  21, 
1894.  Sentenced  to  the  ^Massachusetts  reformatory  on 
an  indeterminate  sentence.  Pardoned  Sept.  21,  1894, 
upon  the  recommendation  of  judge  Hall,  who  certified 
that  he  "  sentenced  Koundtroe  under  a  misapprehension 
of  the  true  facts  concerning  him.  Had  I  known  what  I 
now  do  I  should  not  have  imposed  the  sentence  I  did." 

No.  36.  WiLLL\M  F.  IMuRDocK.  Convicted  of  ob- 
structing a  railroad,  Superior  Court,  Essex  county,  Octo- 
ber term,  1890.  Sentenced  to  nine  years  in  the  state 
prison.  Removed  to  the  Massachusetts  rcformatorv 
December,  1891.  Pardoned  Oct.  4,  1894.  Murdock's 
crime  consisted    in   placing   a    sli<rht  obstruction  on  the 


Special  Messages.  735 

track  of  the  Boston  &  Maine  Railroad  and  then  signalling  Pardons, 
the  train,  hoping  thereby  to  receive  a  reward  from  the 
company.  No  person  was  injured  by  his  act,  neither  was 
there  any  loss  of  property.  It  was  simply  the  indiscretion 
of  a  boy  but  17  years  old.  His  four  years  imprisonment 
was  considered  ample  for  the  crime  committed.  Tiie  par- 
don was  recommended  by  prominent  officers  of  the  Boston 
&  Maine  Railroad,  and  many  leading  citizens  of  Maiden, 
where  the  ofl'ence  was  committed. 

No.  37.  John  A.  Rice.  Convicted  of  uttering  a 
forged  instrument,  Superior  Court,  "Worcester  county. 
May  28,  1894.  Sentenced  to  the  house  of  correction  for 
six  months.  Pardoned  Oct.  11,  1894,  upon  the  recom- 
mendation of  the  district  attorney  who  prosecuted  the  case. 
The  prisoner  was  an  old  man  70  years  of  age.  The  per- 
son whose  name  was  forged  signed  the  petition ;  he  lost 
nothing  by  the  forgery.  The  prisoner's  wife  was  in  a 
condition  bordering  upon  insanity  owing  to  his  imprison- 
ment. It  was  hoped  that  the  efiect  of  a  pardon  upon  his 
wife's  mind  might  prove  of  advantage  to  her;  but  six 
weeks  remained  of  the  sentence. 

No.  38.  Joseph  Bebo.  Convicted  of  receiving  stolen 
goods.  Central  District  Court,  Worcester  county,  Dec,  15, 
1891.  Sentenced  to  the  Massachusetts  reformatory  on  an 
indeterminate  sentence.  Pardoned  Oct.  11,  1894.  The 
commissioners  of  prisons  recommended  that  the  prisoner, 
who  was  but  16  years  of  age  when  arrested,  should  be  re- 
leased, as  his  parents  had  recently  removed  to  New  York 
and  could  give  him  a  home  there  away  from  his  former 
associates.  It  was  thought  the  punishment  he  had  received 
was  sufficient. 

No.  39.  Saro  Chivaeo.  Convicted  of  murder,  second 
degree,  Supreme  Judicial  Court,  Sufiolk  county,  Dec.  15, 
1879.  Sentenced  to  the  state  prison  for  life.  Pardoned 
Oct.  11,  1894.  Chivaro,  who  was  but  1()  years  of  age 
when  arrested,  was  unable  to  speak  our  language,  and 
through  an  interpreter  was  advised  to  plead  guilty  although 
he  was  simply  an  accessory  and  had  no  connection  with 
the  murder  except  to  watch  outside  while  his  companions 
were  committing  robbery  as  he  supposed.  If  he  had  not 
pleaded  guilty  as  advised,  and  had  stood  trial,  he  would 


736  Special  Messages. 

Pardons.  undoubtedly  have  received  a  lighter  sentence  than  he  has 

already  served.  It  was  proven  conclusively  that  he  was 
used  as  a  tool  by  others  who  w^ere  more  cfuilty  than  he, 
but  who  received  the  same  sentence.  Chivaro  had  been  a 
very  exemplary  prisoner. 

No.  40.  Solomon  BuiTEK AX.  Convicted  of  embezzle- 
ment, Superior  Court,  Suffolk  county,  May  term,  1894. 
Sentenced  to  one  year  in  the  house  of  correction.  Par- 
doned Oct.  25,  1894,  upon  the  reconmiendation  of  the 
district  attorney  and  probation  otiicer,  upon  the  ground 
that  he  had  been  sufficiently  punished  for  the  offence  com- 
mitted. It  appeared  that  he  borrowed  money  for  a  small 
amount  upon  jewelry  not  his  own,  expecting  to  pay  the 
loan  and  redeem  and  return  the  jewelry  to  its  owner.  Not 
being  able  to  do  so,  he  w^as  arrested  and  sentenced,  not- 
withstanding restitution  was  made  previous  to  sentence. 

No.  41.  Hexry  J.  Guxx.  Convicted  of  murder, 
second  degree,  Supreme  Judicial  Court,  Ply  mouth  county, 
INIay  20,  1880.  Sentenced  to  the  state  prison  for  life. 
Pardoned  Oct.  2G,  1894.  After  a  long  and  careful  inves- 
tigation, extending  over  a  period  of  nearly  six  months, 
the  council  recommended  a  pardon  for  the  following  rea- 
sons :  Gunn  voluntarily  surrendered  himself  to  the  officers 
of  the  law,  confessing  the  crime.  There  were  many  ex- 
tenuating circumstances  surrounding  the  case.  The  crime 
was  committed  under  great  provocation,  and  there  was  no 
evidence  that  it  was  premeditated.  Neither  before  nor 
since  the  act  had  he  been  known  as  a  quarrelsome  or  vin- 
djctive  person  or  inclined  to  commit  any  injury  upon  or 
against  an\'  one.  His  prison  record  was  of  the  best.  The 
court  had  no  discretion  in  the  matter  of  sentence.  Friends 
stood  ready  to  give  him  immediate  employment.  The 
council  were  satisfied  that  the  object  of  imprisonment  had 
been  accomplished,  that  no  public  interest  would  suffer, 
and  tliat  good  order  and  disci})line  in  the  prison  would  be 
promoted  by  his  release. 

No.  42.  Patrick  T.  ^Movxihan.  Convicted  of  being 
idle  and  disorderly.  First  District  Court,  Bristol  count}', 
Aug.  18,  1894.  Sentenced  to  the  Massachusetts  reforma- 
torv  on  an  indeterminate   sentence.     Pardoned  Nov.   2, 


Special  Messages.  73' 

1894,  upon  the  recommendatiou  of  judp:e  Hall,  who  im-  Paidons. 
posed  the  sentence,  and  who  certided  that  had  he  known 
the  full  facts  connected  with  the  case  at  the  time  of  trial 
he  would  not  have  sentenced  him.     The  prison  commis- 
sioners concurred  in  this  recommendation. 

Xo.  43.  ]Malaciii  Lally.  Convicted  of  robbery, 
Superior  Court,  Suifolk  county,  November  term,  1892. 
Sentenced  to  the  house  of  correction  for  three  years.  Par- 
doned Nov.  15,  1894.  Lally  was  in  an  advanced  stage 
of  consumption,  with  little  hope  of  recovery. 

No.  44.  James  Lucy.  Convicted  of  drunkenness, 
Police  Court,  JSewburyport,  Sept.  18,  1894.  Sentenced 
to  the  Massachusetts  reformatory  on  an  indeterminate  sen- 
tence. Pardoned  Nov.  15,  1894,  upon  the  recommenda- 
tion of  the  commissioners  of  prisons  and  the  city  marshal 
and  probation  officer  of  Newburyport.  Lucy  had  never 
before  been  arrested,  and  had  been  using  liquor  but  a 
short  time.  He  had  always  worked  in  a  mill,  where  he 
could  again  be  employed.  It  was  believed  that  he  had 
been  sufficiently  punished  for  the  ofience  committed. 

No.  45.  Charles  Staxiford  Christian.  Convicted 
of  malpractice,  Superior  Court,  ^Middlesex  county,  Dec.  3, 
1889.  Sentenced  to  thirteen  years  in  the  state  prison. 
Pardoned  Nov.  15,  1894,  upon  the  recommendation  of 
many  of  the  leading  citizens  of  Cambridge,  where  the 
crime  was  committed,  and  who  were  conversant  with  the 
peculiar  circumstances  of  the  case.  Christian  was  made  a 
principal  in  the  commission  of  the  offence,  although  really 
an  accessory.  He  was  the  least  guilty  of  all  concerned, 
and  has  alone  suffered  therefor,  the  principals  having 
escaped.  His  reputation  had  always  been  al)Ove  reproach. 
This  is  the  only  offence  of  any  kind  that  has  ever  been 
.charged  against  him.  His  conduct  during  imprisonment 
has  been  of  the  best.  The  officers  who  obtained  the  evi- 
dence against  him  at  the  trial  believe  that  the  ends  of  jus- 
tice have  been  served.  The  council  were  of  the  opinion 
that  in  view  of  the  extent  of  his  connection  with  the  crime 
committed  he  had  been  sufficiently  punished. 

No.  4G.  John  R.  Shay.  Convicted  of  stub])ornness. 
Municipal  Court,  Eoxbury,  April  3,  1894.     Sentenced  to 


738  Speciaij  Messages. 


Pardons. 


the  Mas^^aclinsotts  reformatory  on  an  indeterminate  sen- 
tence. Pardoned  ]S'()v.  G,  18U4,  upon  the  recommendation 
of  the  justice  who  imjiosed  the  sentence,  who  certitied 
that  this  was  Shay's  first  oHence,  that  he  had  a  <rood  home, 
and  that,  if  the  statutes  ])ermitted,  lie  would  not  have 
sentenced  him  to  tlie  reformatory  for  a  longer  term  than 
six  months. 

Xo.  47.  Chas.  G.  ScHFBPiTiT.  Convicted  of  vasprancy, 
Central  District  Court,  Worcester  county,  July  1),  1894. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoued  Dec.  27,  18M4,  upon  the 
reconnnendation  of  the  commissioners  of  prisons.  Schu- 
bert was  not  a  professional  vagrant,  but  the  son  of  rich 
parents  residing  in  Germany.  He  was  driven  to  beg  by 
actual  hunger.  AVhon  arrested  he  declined  to  give  any 
account  of  himself,  and  consequently  v,ixs  sentenced. 

Xo.  48.  JoiTX  DoHEiiTY.  Couvicted  of  breaking  and 
entering  and  larceny,  Su])erior  Court,  Xorfolk  C(  unty, 
Dec.  18,  18'J4.  Sentenced  to  the  Massachusetts  reforma- 
tory on  an  indeterminate  sentence.  Pardoned  Jan.  2, 
18!)r),  upon  the  recommendation  of  the  district  attorney 
who  prosecuted  the  case,  who  certitied  tiiat  he  was  satisfied 
that  the  prisoner  was  innocent  of  the  crime  for  which  he 
was  sentenced.  Doherty  Avas  undefended  by  counsel,  so 
the  facts  that  tend  to  esta])Iisli  his  innocence  of  the  offence 
were  not  broujxht  out  at  all. 


[To  the  honoi-al)le  senate  and  liouse  of  representatives,  Jan.  7,  ISns.] 

I  transmit  to  you  herewith  for  your  information  and 
use  the  sixth  annual  report  of  the  state  house  construc- 
tion commission. 


[To  the  honorable  senate  and  liouse  of  representatives,  Jan.  25,  1895.] 

I  transmit  to  you  herewith  for  your  information  and 
use  the  accomjianying  report  of  the  board  of  conmiis- 
sioners  for  the  jiromotion  of  uniformity  of  legislation  in 
the  United  States,  appointed  under  the  acts  of  1891, 
chapter  405. 


Special  Messages.  739 


[To  the  honorable  senate  and  house  of  representatives,  Feb.  4,  1895.] 

I  transmit  herewith  for  your  information  and  action  a 
communication  from  the  secretary  of  war  inviting  the 
governor  and  staff,  together  with  such  further  representa- 
tion from  the  Commonwealth  of  Massachusetts  as  the 
legisUiture  thereof  may  see  tit  to  authorize,  to  be  present 
at  the  dedication  of  the  Chiclvamauga  and  Chattanooga 
National  jNlilitary  Parlv,  which  will  take  place  on  the  l^th 
and  20th  of  September,  1895. 


[To  the  honorable  senate  and  house  of  representatives,  Feb.  5,  189.5.] 

I  sul)mit  herewith  for  your  information  and  action  a 
communication  from  the  art  commission  of  the  city  of 
Boston,  who  were  authorized  by  chapter  81  of  the  re- 
solves of  the  year  IS'JI  to  erect  in  said  city  a  statue  in 
bronze  of  the  late  Charles  Devens. 


[To  the  honorable  senate  and  house  of  representatives,  Feb.  11,  189.J.] 

I  transmit  herewith  for  your  consideration  a  conmiuni- 
cation  from  his  excellency  the  governor  of  New  Hamp- 
shire, enclosing  a  joint  resolution  of  the  legislature  of  Ntw 
Hampshire  relating  to  the  boundary  line  between  the 
states  of  New  Ham]ishire  and  Massachusetts,  together 
with  the  annual  rejiort  of  the  commissioners  appointed  to 
ascertain  and  establish  the  boundary  line  between  the 
states  of  Massachusetts,  New  Hampshire  and  Vermont. 


[To  the  honorable  the  house  of  representatives,  Feb.  13,  1895  ] 

I  return  the  proposed  act  entitled  "  An  Act  to  remove 
the  restrictions  u])on  shad  and  alewife  fishing  in  the  Mer- 
rimac  liiver"  without  my  approval,  and  assign  for  such 
action  the  following  reasons:  —  The  policy  of  the  Coni- 
mouM'ealth  for  the  promotion  of  the  general  welfare  by 
the  culture,  preservation  and  propagation  of  food  fish 
in  the  rivers,  brooks  and  ponds  of  the  Commonwealth, 
is  set  forth  in  chapter  91  of  the  Public  Statutes  and  in 


740  Special  Messages. 

amondnicnts  thereof,  ;in<l  sul>sorjuont  acts.  This  policy 
has  bceu  estahlishcd  ibr  more  than  twenty-live  years,  and 
is  fraught  with  deep  interest  to  the  inliabitants  of  the 
Commonwealth.  Tlie  most  careful  provisions  and  re- 
strictions arc  laid  down  to  insure  the  accom|)lishmcnt  of 
the  })urpose  contemplated,  and  extraordinary  ])owers  are 
given  to  the  governor  and  council  and  the  commissioners 
on  inland  fisheries  as  to  fixing  and  defining  arbitrarily 
tidal  bounds  and  mouths  of  stroanis,  and  as  to  prohibit- 
ing fishing  in  the  tidal  waters  navigal)le  or  unnavigal)le, 
for  long  periods  of  time.  This  i)olicy  has  been  ado])ted 
in  other  states,  and  is  now  in  such  a  process  of  develop- 
ment that  in  a  very  few  years  most  advantageous  results 
in  some  directions,  and  ])ossibly  failures  in  others,  will 
be  api)arent ;  but  generally  great  benctits  to  the  public 
Avill  be  found  to  have  resulted.  Under  existing  law, 
considerable  latitude  is  now  given  to  jjorsons  desirous  to 
fish,  four  days  a  week,  from  ^larch  1st  to  j\lay  ?)lst  being 
allowed  for  the  taking  of  shad  and  alcwives.  The  spawn- 
ing season  is  to  be  carefully  guarded  unless  the  whole 
policy  of  the  Commonwealth  is  to  be  abandoned.  Upon 
the  information  given  to  me,  I  find  that  alewives  have 
already  passed  up  the  Merrimac  river  in  great  numbers, 
and  are  now  to  be  found  in  the  ponds  connected  by  pass- 
able streams  with  this  river.  This  is  jjrobably  true  of 
other  similar  rivers  and  streams.  Shad  spawn  in  the 
INlerriniac  in  June.  If  the  proposed  bill  allows  the  taking 
of  shad  during  that  season,  then  the  policy  of  the  Com- 
monwealth is  attacked,  and  the  puMic  health  and  welfare 
endangered  by  the  sale  and  consumption  of  fish  unfit  for 
food  and  by  the  destruction  of  the  J'oung  fish  as  well  as 
the  spawning  fish.  It  is  scarcely  necessary  to  add  also 
that  the  Conmionwealth  has  in  a  manner  entered  into  joint 
undertakings  with  the  neighboring  state  of  New  Hamp- 
shire in  the  ellbrt  to  preserve  and  to  develop  inland 
fisheries  by  the  maintenance  of  joint  hatcheries  and  by 
other  arrangements  calculated  to  insure  the  same  result. 
The  act  of  ]8!)3,  cha|)ter  201,  removing  the  restrictions 
ix])on  the  taking  of  shad  and  alcwives  from  the  Chain 
Ih'idge  ])etween  Kewburvpoit  and  the  town  of  Amesbury 
is  open  to  some  objections,  but  the  conditions  in  that  part 
of  t!ie  river  are  not  similar  to  thope  in  the  part  embraced 
in  the  i)r<)poscd  act.  The  ])art  of  tlie  river  specitied  in 
the  act  of  lbU3  is  nuicli  wider  than  at  any  other  point, 


Special  Messages.  741 

and  the  tide  is  so  strong  that  it  is  difficult,  if  not  impos- 
sible, for  fishermen  to  use  their  seines,  except  for  an  liour 
or  two,  at  low  tide,  and  they  seldom  fish  then  unless  there 
are  fishing  vessels  waitino-  at  the  mouth  of  the  river  for 
bait.  The  bait  consists  of  "  bluebacks  "  and  "porgies" 
or  menhaden.  Salmon  and  shad  run  in  at  flood  tide  and 
very  few  are  taken  on  such  occasions.  Most  of  the  shad 
and  salmon  have  passed  up  the  river  by  the  20th  of  June, 
and  fishing  for  the  bait,  described  above,  seldom  begins 
before  that  date.  While  the  act  of  1893  may  in  its 
terms,  therefore,  appear  to  be  an  invasion  of  the  policy  of 
the  Commonwealth,  practically  the  policy  is  not  materi- 
ally affected. 

The  proposed  act,  while  differing  somewhat  from  the 
act  returned  without  approval  in  1894  as  infringing  the 
policy  of  the  Commonwealth  in  regard  to  inland  fisheries, 
contains  the  same  destructive  principle,  and  raises  a  ques- 
tion l)et ween  the  interests  of  a  few  individuals  and  the 
general  welfare  of  the  whole  people. 

I  therefore  respectfully  and  reluctantly  return  this  act 
without  approval. 


[To  the  honorable  senate  and  house  of  representatives,  Feb.  26,  1895.] 

I  beg  to  call  your  attention  to  the  accompanying  com- 
munication to  the  governor  and  council  from  the  building 
committee  of  the  jNledfield  insane  asylum,  with  the  recom- 
mendation that  the  subject  receive  your  early  consideration. 

I  transmit  also  a  communication  from  the  trustees  of 
the  Medfield  insane  asylum,  informing  the  governor  and 
council  that  eighteen  of  the  buildings  of  the  asylum  will 
be  ready  for  furniture  before  the  next  session  of  the 
legislature,  and  that  an  appropriation  of  $40,000  will  be 
necessary  for  furnishing  these  buildings  ;  and  I  recommend 
this  communication  also  to  your  early  consideration. 


[To  the  honorable  senate  and  house  of  representatives,  April  4,  1895.] 

I  return  without  my  approval  the  act  entitled  "  An  Act 
to  establish  the  salary  of  the  Clerk  of  the  Board  of  Police 
for  the  City  of  Boston."  This  act  proposes  an  increase  of 
$500  iu  the  salary  of  the  official  named.     While  it  is  true 


7i2  Special  Messages. 

that  Diaii}^  inequalities  are  to  be  found  in  the  scale  of  sala- 
ries as  now  established  in  the  various  departments  of  the 
Connnonwealth,  which  ouiilit  at  some  suital)le  time  to  be 
adjusted  or  corrected,  I  am  of  the  opinion  that  the  present 
year  does  not  otfer  a  favorable  opportunity  for  securing 
such  a  result.  The  tendency  in  private  enterj)rises  has 
been  towards  rigorous  economy,  reduction  in  the  number 
of  employees,  and  in  salaries  and  wages.  The  profits  of 
business  are  small,  and  competition  is  clohC  and  severe. 
In  such  a  condition  of  ati'airs  it  would  seem  inconsistent 
for  the  Commonweahh  to  move  in  the  opposite  direction 
and  to  adopt  the  general  })olicy  of  increasing  rather  than 
diminishing  salaries  of  i)ublic  officials,  however  plairsible 
might  seeirr  the  reasons  for  such  a  course.  Without  any 
disparagerrrent  to  the  ability  and  efticiency  of  the  official 
named  in  this  act,  arrd  regarding  the  claim  that  the  city  of 
Boston  is  chiefly  corrcerned  in  this  increase  of  salary  as 
not  atlectiug  the  principle  involved,  1  respectfully  decline 
to  approve  this  act. 


[To  the  honorable  senate  ami  house  of  representatives,  April  8,  189.").] 

In  conformity  with  the  request  of  the  executive  council, 
recommending  that  the  matters  relatirrg  to  the  "erection 
of  a  monument  to  mark  the  site  of  the  tirst  town  meeting 
held  in  America  and  of  the  tirst  free  public  school"  be 
transmitted  by  the  governor  to  the  legishiture  in  a  special 
message,  I  herewith  submit  the  documents  relating  to  the 
matter  for  your  consideration  and  action. 


[To  the  honorable  senate  and  house  of  representatives,  April  9,  1895] 

I  return  without  my  approval  the  act  entitled  "An  Act 
to  establish  the  salary  of  the  First  Clerk  of  the  Secretary 
of  the  State  Board  of  Agriculture,"  and  the  reasons 
assigned  for  such  action  are  as  follows: — While  recog- 
nizing the  ability  and  efficiency  of  the  offi'cial  named  in 
the  proposed  act,  I  do  not  tliiirk  the  present  an  0})})ortune 
time  for  increasing  salaries,  and  I  beg  to  refer  to  the 
reasons  stated  at  more  length  in  the  matter  of  the  "Act 
to  establish  the  sjdary  of  the  clerk  of  the  board  of  jDolice 
of  the  city  of  Boston." 


Special  Messages.  743 


[To  the  honorable  senate  ami  hon?e  of  representatives,  April  9,  189.5.] 

I  return  without  my  approval  the  act  entitled  "An 
Act  to  establish  the  salary  of  the  judi^e  of  probate  and 
insolvency  for  the  county  of  Berkshire,"  and  the  reasons 
assigned  for  such  action  are  as  follows :  —  While  recog- 
nizing; the  ability  and  efiiciency  of  the  official  named  in 
the  proposed  act,  I  do  not  think  the  ]»resent  an  oi)portune 
time  for  increasing  salaries,  tmd  I  beg  to  refer  to  the 
reasons  stated  at  more  length  in  the  matter  of  the  "Act 
to  establish  the  salary  of  the  clerk  of  the  board  of  police 
of  the  city  of  Boston." 


[To  the  honorable  senate  and  house  of  representatives,  April  9,  189,5.] 

I  return  without  my  approval  an  act  entitled  "An 
Act  to  establish  the  salary  of  the  executive  stenographer 
in  the  office  of  the  Governor  of  the  Commonwealth,"  and 
the  reasons  assigned  for  such  action  are  as  follows :  — 
Whil(^  recognizing  the  ability  and  efficiency  of  the  official 
named  in  the  projjosed  act,  I  do  not  think  the  present 
an  opportune  time  for  increasing  salaries,  and  I  beg  to 
refer  to  the  reasons  stated  at  more  length  in  the  matter 
of  the  "  Act  to  establish  the  salary  of  the  clerk  of  the 
board  of  police  of  the  city  of  Boston." 


[To  the  honorable  senate  and  honse  of  representatives,  April  12,  189.").] 

It  is  my  duty  to  inform  the  legislature  that  the  Honor- 
able Henry  M.  Phillips  has  communicated  to  me  his  resig- 
nation of  the  office  of  treasurer  and  receiver  general  of 
the  Commonwealth.  A  vacancy  therefore  exists  in  that 
office,  to  be  supplied  by  election  by  the  senators  and 
representatives  in  acccordance  with  the  provisions  of  the 
Constitution. 


[To  the  honorable  senate  and  house  of  representatives,  April  22,  1895.] 

The  cotton   states  and  international   exposition   to  be 
held  in  Atlanta,  Ga.,  from  September  18th  to  December 


'44  Special  Messages. 

31st,  1895,  promises  to  be  a  most  important  and  si2:nifi- 
cant  occasion,  second  only  to  the  world's  Coiiinibiau  ex- 
position. I  cordially  auree  a\  itli  the  suiigestions  made  in 
the  report  of  the  counnittee  on  mercantile  aliairs  (Senate 
iJocnment  No.  267)  that  the  Commonwealth  should  be 
officially  represented  at  the  Atlanta  ex))osition,  and  that  a 
suitable  appro})riation  be  made  to  enable  the  (>ommon- 
Avealth  to  furnish  a  comprehensive  exhibit  of  her  textile 
fabrics,  machinery  and  various  manufactures.  It  would 
be  well  to  consider,  also,  the  propriety  of  making  an  ex- 
hibit of  colonial  and  revolutionary  relics,  with  olher  his- 
torical and  interesting  objects.  Several  of  our  sister 
states  have  already  taken  action  in  the  matter,  and  many 
foreign  countries  have  evinced  great  interest  in  this  expo- 
sition. I  trust,  therefore,  that  the  legislature  will  give 
the  subject  favorable  and  early  consideration. 


[To  the  honorable  senate  and  house  of  representatives,  April  22,  189").] 

I  transmit  herewith  a  communication  from  jNlr.  Edward 
Atkinson,  treasurer  of  the  Shaw  monument  fund,  relat- 
ing to  the  unveiling  of  the  Shaw  momiment,  which  it  is 
])elieved  will  occur  in  Ihc  early  part  of  Octol)er  next,  and 
I  recommend  that  the  legislature  make  such  arrangements 
as  may  be  deemed  necessary  to  insure  a  suitable  repre- 
sentation of  the  Commonwealth  at  the  ceremony  attending 
-the  unveilinii  of  the  monument. 


[To  tlie  honorable  senate  and  house  of  representatives.  May  10,  ISO").] 

I  beg  to  submit  to  your  attention  the  accompanying 
communications,  one  from  the  commissioners  on  the  state 
house  construction  and  another  from  the  architect  to  the 
commissioners,  both  relating  to  the  necessity  of  a  further 
appropriation  for  the  completion  of  the  work  of  the  com- 
mission. 

The  increase  of  appropriation  seems  to  be  required  for 
work  not  originally  contemplated,  as  electric  })lant,  ex- 
penses for  delays  caused  by  the  order  of  the  governor  and 
council  in  1891  in  ]iostponing  the  removal  of  the  rear  of 
the  state  house  until  the  portion  northerly  of  Mt.  Vernon 


^in 


Special  Messages.  74' 

street  was  ready  for  occupancy,  maintenance  of  the  l)uild- 
ing  and  several  other  matters  of  expense. 

I  ask  for  a  careful  consideration  of  the  accompanying 
communications,  and  your  prompt  action  thereon. 


[To  the  lionorahle  senate  and  house  of  representatiyes,  May  17,  1895.] 

I  herewith  return  without  my  approval  the  act  en- 
titled "An  Act  to  place  the  control  of  the  police 
force  of  the  city  of  Holyoke  under  the  license  commis- 
sion of  said  city  and  to  change  the  name  of  said  com- 
mission." 

Several  hearings  have  taken  place  before  me  in  regard 
to  this  bill.  As  a  result  of  those  hearings  and  from  infor- 
mation derived  from  various  sources,  the  following  facts 
appear  to  be  clearly  established  :  — 

First:  Up  to  witliin  a  very  recent  period,  the  condi- 
tion and  conduct  of  public  aiiairs  in  the  city  of  Holyoke 
were  marked  by  disorder  and  lawlessness. 

Second:  Since  the  establishment  of  the  present  board 
of  license  commissioners,  a  decided  and  substantial  im- 
provement has  been  made. 

Third:  The  license  commissioners  were  appointed  by 
the  mayor  of  Holyoke,  and  their  administration  has  Ijeen 
distinguished  by  integrity,  diligence,  general  eiBciency 
and  success. 

Fourth :  It  appears  that  the  public-spirited  citizens  of 
Holyoke,  without  distinction  of  party,  have  united  on  sev- 
eral occasions,  and  have  been  enabled  to  elect  able  and 
honest  chief  magistrates. 

Fifth:  That  the  police  of  Holyoke  appear  to  have 
given  all  necessary  assistance  to  the  license  board  in  its 
official  work,  and  that  the  present  mayor  has  the  con- 
fidence of  the  public-spirited  citizens  of  Holyoke. 

While  it  may  be  well  to  give  police  powers  to  the 
license  board,  as  was  done  in  the  case  of  the  city  of 
Lowell,  the  question  arises  whether  the  state  authorities 
or  the  local  authorities  should  have  the  appointment  of 
the  officials  charged  with  these  multiform  and  most  re- 
sponsil)le  duties.  Shall  the  proposed  police  board  be 
appointed  by  the  governor  with  the  advice  and  consent 
of  the  council,  or  by  the  mayor  subject  to  the  approval 
of  the  aldermen  ? 


'4G  Special  Messages. 

It  is  clear  that  the  irovernor  must  always  come  to  this 
task  under  disadvaiitaues.  He  can  seldom  have  personal 
knowlcdiie  of  the  candidates  ;  ho  nuist  depend  upon  others, 
often  partisans  or  interested  ])arties,  for  information  ;  his 
judgment  umst  often  be  at  second  hand.  But  the  im])or- 
tant  princi])le  of  local  self-government — the  autonomy 
of  the  city  or  town  —  is  a  mateiial  factor  in  this  incjuiry. 
Every  citizen  may  claim  the  right  of  trial  by  a  jury  of  the 
vicinage,  and,  while  the  guardians  of  the  pul)lic  peace  are 
agents  of  the  Commonwealth,  it  has  always  been  deemed 
best,  except  in  special  and  extraordinary  cases,  that  they 
should  be  selected  by  the  local  authorities  who  have  the 
best  means  of  knowing  their  qualitications,  and  that  those 
who  have  the  best  means  of  ob.-erving  the  manner  in  which 
officials  discharge  their  dut}^,  should  have  the  power  of  ap- 
pointment and  removal. 

The  case  of  the  city  of  Holyoke  does  not  seem  to  be 
analoofous  to  that  of  the  citv  of  Boston  or  of  the  city  of 
Fall  River. 

The  former  is  not  only  the  city  of  Boston  but  may  be 
regarded  as,  in  a  certain  degree,  the  city  of  IMassachu- 
setts,  in  which  many  persons  not  legal  citizens  thereof 
have  vast  ]n'operty  or  business  interests,  and  which  almost 
every  citi/en  of  Massachusetts  visits  more  or  le.ss  fre- 
quently, and  in  which  all  take  a  peculiar  and  profound 
interest.  In  the  city  of  Fall  Kiver,  the  friends  of  law  and 
order  appeared  for  a  time  to  be  unable  to  make  head 
against  seltish  and  demoralizing  inlluences,  and  were  com- 
pelled to  ask  the  aid  of  the  Commonwealth  to  assist  them 
in  a  great  and  unusual  emergency. 

The  city  of  Holyoke  ajjpears  to  have  within  itself  the 
vital  and  recuperative  energy  rccjuisite  to  etfect  its  own 
complete  deliverance  from  all  its  diiliculties.  Holyoke  is 
now  on  the  way  to  pure  and  economical  government,  and 
this  result  has  been  achieved  by  the  courage,  vigor,  and 
patience  of  its  own  citizens. 

I  do  not  believe  that  the  power  of  appointment  of  the 
board  of  police,  as  contemplated  in  the  proposed  act, 
should  be  given  to  the  governor.  The  principle  involved 
militates  against  the  independence  of  municipalities,  and 
while  necessary  in  extraordinary  cases,  should  be  dimin- 
ished rather  than  extended. 

1  therefore  decline  to  approve  the  act. 


Special  Messages.  VJ7 


[To  the  honorable  senate  and  house  of  representatives,  May  22,  1S95.] 
William  Cog-swell,  a  representative  of  this  Common- 
wealth in  the  congress  of  the  United  States,  died  this 
morning  in  Washington.  Congress  is  not  now  in  session. 
A  statesman  in  the  actual  service  of  the  Commonwealth 
has  died  at  his  post,  and  I  deem  it  fitting  that  the  legis- 
lature of  Massachusetts  should  appoint  a  committee  of 
their  honorable  body  to  proceed  forthwith  to  Washington 
and  escort  the  funeral  cortege  on  the  journey  l)ack  to  the 
former  home  of  our  representative  in  Massachusetts,  and 
to  do  all  things  suitable  and  worthy  of  this  solemn 
occasion. 

[To  the  honorable  senate  and  house  of  representatives,  Maj'  22,  180.5.] 

I  return  without  my  approval  the  act  entitled  "  An  Act 
to  establish  a  board  of  police  for  the  city  of  Woburn," 
being  house  bill  No.  1033,  assigning  for  such  action  the 
following  reasons  :  — 

The  city  of  Woburn  has  a  population  of  less  than 
15,000,  with  a  police  force  of  not  more  than  ten  regular 
officers,  and  with  thirteen  liquor  licenses.  There  is  no 
evidence  that  the  laws  are  not  fairly  well  enforced  or  that 
the  afi'airs  of  the  municipality  are  not  reasonably  well  ad- 
ministered. The  police  appear  to  be  diligent  and  free 
from  corrupting  influences ;  the  finances  of  the  city  have 
been  carefully  and  v;isely  managed,  and  the  whole  conduct 
of  ])ublic  afi'airs  has  been  marked  l)y  a  spirit  of  good  citi- 
zenship singularly  free  from  narrow  })olitical  prejudices. 
The  present  license  connnission  appears  to  be  performing 
the  task,  always  diflicult  in  all  communities,  of  distribut- 
ing and  regulating  liquor  licenses,  as  well  as  the  circum- 
stances of  the  case  permit,  and  without  any  imputation  of 
fraud  or  injustice ;  and  the  mayor  and  aldermen,  with 
otlier  local  authorities,  merit  the  trust  and  confidence  of 
the  community  in  securing  a  just  and  equal  administration 
of  the  law.  It  does  not  seem  necessary,  either  for  the 
protection  of  the  rights  of  citizens  in  person  or  property, 
or  for  the  maintenance  of  the  laws,  that  this  enterprismg 
young  city  should  be  placed  under  the  special  guardian- 
ship of  the  Commonwealth.  It  is  fully  able  to  take  care 
of  itself.  I  therefore  return  the  proposed  act  without 
approval. 


718  Special  Messages. 


[To  the  honorable  senate  and  lionsc  of  representatives,  May  23,  189").] 

T  return  without  my  approval  an  act  entitled  "  An  Act 
to  establish  the  salary  of  tlie  clerk  of  the  courts  of  the 
county  of  Plymouth." 

This  is  an  act  to  increase  the  salary  of  the  official  therein 
named.  AVhile  there  may  be  special  features  about  the 
case,  1  do  not  consider  the  ])resent  an  opportune  time  to 
increase  the  salaries  of  public  officials. 


[To  the  honorable  senate  and  house  of  representatives,  May  23,  1895.] 

I  return  without  my  approval  an  act  entitled  "  An  Act 
to  estal)lish  the  salary  of  the  clerk  of  the  police  court  of 
tlie  city  of  Brockton." 

This  is  an  act  to  increase  the  salary  of  the  official  named 
therein.  While  there  may  be  8i)ecial  features  about  the 
case,  I  do  not  consider  the  present  an  opportune  time  to 
increase  the  salaries  of  ])ublic  officials. 


[To  the  honorable  senate  and  house  of  representatives,  June  3,  189.").] 

I  return  without  approval  senate  bill  No.  317,  entitled 
"  An  Act  relative  to  the  ])refcrence  of  Veterans  for  Em- 
ployment in  the  Public  Service,"  and  assign  the  following 
reasons  therefor :  — 

The  language  of  the  proposed  act  is  somewhat  ambigu- 
ous, and  the  provisions  do  not  seem  to  l)e  harmonious. 
Section  one  provides  for  the  preference  of  veterans  who 
have  been  examined  and  found  qualified,  and  apparently 
without  regard  to  the  age  limit. 

Section  two  provides  for  the  absolute  preference  of 
veterans  to  all  other  applicants,  except  women  ;  it  further 
permits  the  age  limit  to  l)e  disregarded,  and  a  civil  ser- 
vice rule  which  may  be  modified  at  any  time  is  thus  modi- 
fied or  controlled  by  statute. 

It  would  seem  as  if  most,  if  not  all,  of  the  applications 
would  be  made  under  section  two,  where  no  examination 
is  necessary. 

Section  three  apparently  is  intended  to  emphasize  sec- 
tion one. 

Section  four  provides  tliat  within  five  days  the  civil 
service  commission  shall,   after  anv  examination  or  cer- 


Special  Messages.  7^9 

tification  of  candidates,  cause  a  list  of  the  names  of  those 
examined  to  be  prepared,  with  the  standing-  attained,  and 
said  list  shall  be  open  to  ]niblic  inspection  from  10  a.m.  to 
2  P.M.  I  am  informed  that  it  will  be  scarcely  possible  to 
carry  out  the  provisions  of  this  section  in  so  short  a  time 
as  live  days. 

Section  live  provides  penalties  for  violations  of  the  law. 

Section  six  provides  tliat  "The  word  '  application '  as 
used  in  this  act  shall  be  construed  to  mean  a  petition  for 
employment,  containing  a  sworn  statement  by  the  appli- 
cant that  he  is  qualified  to  perform  the  duties  of  the  posi- 
tion which  he  seeks,  and  accompanied  by  certificates  from 
three  citizens  of  good  repute  in  the  community  stating 
that  they  know  said  applicant  to  be  fully  competent  to 
perform  the  duties  of  tlie  position  sought." 

It  will  be  observed  that  the  citizens  who  are  to  furnish 
certificates  of  the  applicant's  fitness  are  not  required  to 
make  oath  to  their  statements,  while  the  applicant  him- 
self is. 

The  reason  of  this  distinction  does  not  seem  clear,  but 
it  is  plain  that  the  power  of  selection  and  appointment  is 
given  to  the  applicant,  and  *'  three  citizens  of  good  repute  " 
and  taken  away  from  the  magistrates  chosen  or  appointed 
to  perform  this  responsible  duty. 

This  section  also  defines  "  veteran"  as  a  *'  person  who 
served  in  the  United  States  army  or  navy  during  the  war 
of  the  rebellion,  and  was  honorably  discharged  therefrom", 
thus  excludino;  from  the  benefits  of  the  act  the  men  who 
served  under  Custer  or  in  any  Indian  warfare,  who  are 
included  in  the  civil  service  act  and  existing  rules. 

In  view  of  these  proposed  radical  alterations  in  the  exist- 
ing kw,  tlie  following  considerations  are  offered  as  bearing 
on  the  question  involved. 

In  administering  the  public  service,  the  authorities  are, 
by  the  spirit  of  the  Constitution  and  the  laws,  bound  to 
obtain  the  best  service  possible.  Any  attempt  to  so  limit 
and  hamper  the  appointing  authority  as  to  prevent  the  best 
possible  selection  for  the  performance  of  a  public  duty  is 
an  injury  done  to  the  Commonwealth  and  to  the  people. 
It  is  the  duty  and  should  be  the  aim  of  every  magistrate 
to  secure  to  the  Commonwealth  as  perfect  a  public  service 
as  can  be  obtained  ;  and  if  the  administration  of  the  public 
service  is  confused  by  efforts  to  turn  it  into  a  system  of 
bounty  or  reward,  instead  of  qualification  and  merit,  such 


750  Special  Messages. 

a  duty  is  made  impossible  of  performance,  and  siu-h  a 
laudable  aim  is  defeated.  Under  exist ina*  law,  tiie  veteran 
may  without  examination  be  })laced  upon  the  qualified  list, 
and  has  ]ireference  over  others  equally  (jualitied. 

With  these  provisions,  preference  may  now  be  given  to 
the  veteran,  while  at  the  same  time,  the  principles  of  good 
administration  of  the  pul)lic  service  are  not  violated;  and 
the  large  number  of  appointments  of  veterans  will  serve  to 
prove  that  in  state,  county,  town  and  in  all  de})artments, 
the  authorities  have,  wherever  the  public  interest  per- 
mitted, given  preference  to  the  veteran. 

Since  1885,  when  the  civil  service  rules  went  into 
effect,  nearly  twenty-seven  per  cent,  of  all  appointments 
and  promotions  (excluding  positions  held  by  women  or 
where  the  age-limit  governs)  have  been  of  veterans.  The 
gratitude  and  respect  felt  towards  the  veteran  seldom  fail 
to  manifest  themselves  wherever  oppoitunity  ofiers. 

Massachusetts  has  gained  renown  l)y  her  system  of  civil 
service  reform  —  that  system  has  been  coi)ied  l)y  other 
states  —  and  its  rules  and  regulations  obtain  wider  imita- 
tion every  day.  Massachusetts  was  the  first  to  apply  the 
system  to  the  day-laborer.  Piesident  Harrison  and  Sec- 
retary Tracy  adopted  the  principle  and  applied  it  to  the 
navy  yards  of  the  country. 

The  proposed  act  will  be  a  severe  blow  to  this  system, 
and  is  not  in  the  true  interest  of  the  veteran.  The  i)rin- 
ciple  has  been  tried  and  api)roved  —  it  has  benefited  the 
cause  of  free  government  much  and  will  produce  greater 
results  in  the  future. 

The  veteran  will  not  destroy  any  system  which  makes 
for  the  good  of  his  country  and  state  —  which  tends  to 
preserve  the  safety  and  to  enhance  the  glory  of  the  Re- 
public which  he  preserved. 

I  earnestly  beg  you  to  rake  this  important  subject  once 
more  into  your  most  serious  consideration. 


[To  the  honorable  senate  ami  house  of  representatives,  June  3,  189.")  ] 

I  return  without  aj^proval  house  bill  Xo.  1160,  entitled 
*' An  Act  to  establisli  the  salary  of  the  Insurance  Com- 
missioner," for  the  following  reasons  :  — 

This  is  an  act  to  increase  a  salary.  However  deserving 
the  official  named  in  the  act  may  be,  the  case  falls  Avithin 


Special  Messages.  751 

the  ffeneral  rule, — that  it  is  inexpedient  to  increase  tlie 
salaries  of  public  officials  at  the  present  time. 


[To  the  honorable  senate  and  house  of  representatives,  June  -1,  ISO-J] 

I  return  -without  approval  house  bill  No.  178,  entitled 
"An  Act  to  establish  the  salary  of  the  justice  of  the 
second  district  court  of  Eastern  Middlesex." 

This  is  an  act  to  increase  a  salary.  However  deserving 
the  official  named  in  the  act  may  be,  the  case  falls  within 
the  general  rule,  —  that  it  is  inexpedient  to  increase  the 
salaries  of  public  officials  at  the  present  time. 


[To  the  honorable  senate  and  house  of  representatives,  June  4,  1S9.3.] 

I  return  without  approval  house  bill  Xo.  1085,  entitled 
"An  Act  establishing  the  salary  of  the  district  attorney 
for  the  southeastern  district." 

This  is  an  act  to  increase  the  salary  of  the  official  therein 
named.  However  deserving  the  official  named  in  the  act 
may  be,  the  case  falls  within  the  general  rule,  —  that  it  is 
inexpedient  to  increase  the  salaries  of  public  officials  at 
the  present  time. 


[To  the  honorable  senate  and  house  of  representatives,  June  4,  1S95.] 

I  return  without  approval  house  bill  No.  1158,  entitled 
"  An  Act  to  establish  the  salary  of  the  clerk  of  the  munici- 
pal court  of  the  Brighton  district  of  the  city  of  I'oston." 

This  is  an  act  to  increase  a  salary.  However  deserving 
the  official  named  in  the  act  may  be,  the  case  falls  within 
the  general  rule,  —  that  it  is  inexpedient  to  increase  the 
salaries  ot  public  officials  at  the  present  time. 


CHANGE   OF  NAMES. 


CHANGE    OF    NAMES    OF    PERSOI^S. 


In  compliance  with  the  requirement  of  the  Public  Statutes,  Chap,  148,  Sect.  14,  returns  of 
the  following  Changes  of  Names  have  been  received  in  the  office  of  the  Secretary  of  the 
Commonwealth,  as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective 
Counties:  — 

BARNSTABLE   COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed, 

Residence. 

1894. 

July      10, 

10, 

Sept,     11, 

Nov.     13, 

Fostenia  M.  Tohiae,*    . 
Itfiiacia  Blown,*    .... 
Elsie  Wooley  (Jrowell,* 
Flavius  JosephuB  Nickereon, 

Fostenia  M.  Kelley, 

Eunice  Brown,         .         ,         .         . 

Elsie  Wooley  Kendrick, 

Flavius  Nickersou 

Falmouth. 
Province  town. 
Harwuh. 
Ilarwich. 

BERKSHIRE   COUNTY. 

June 

5 

Susan  Ann  "Wixeon,*    . 

Susan  Ann  Mellen 

Pittsfield. 

.luly 

19 

John  Daniel  Rarlck,*    . 

John  Daniel  Fielding,     , 

Adams. 

Sept. 

4 

Edith  M.  Purnell,* 

Edith  M.  Shaw, 

I'iltstield. 

4 

Cleo  I.  Spicer,*      .... 

Viola  May  Keach,   . 

North  Adams. 

Nov. 

8 

Margaret  Louise  Markham.* 

Margaret  Louise  Plxley, 

Great  Banington. 

8 

Ernest  Bourdeau,* 

Ernest  Foley,  , 

North  Adams. 

8 

Arthur  Bourdeau,* 

Arthur  Blais,  . 

North  Adams. 

8 

Varonica  Cassidy,* 

Mabel  Irene  St.  Peters,  . 

North  Adams. 

Dec, 

6 

Mary  E.  Smith,      ,        .        .        . 

Mary  E.  Bradford, . 

Egremout. 

BRISTOL  COUNTY, 


Jan. 

5, 

Mary  J.  Morrison,* 

Mary  Beatrice  Bearse,    , 

New  Bedfora. 

Feb. 

'2, 

Catherine  Bliss,*    . 

Marion  James  Uaskins,  . 

Dartmouth. 

April 

6. 

Arthur  Dunkerly,* 

Arthur  Dunkerly  Taylor, 

New  Bedf'oid. 

<5. 

Lottie  H.  Leonard,* 

Lottie  H.  Thompson, 

New  Bedford. 

«. 

Lcithrop  Ames, 

Frederick  L.  Ames, 

North  Easton. 

June 

1, 

John  McG  rath,*     , 

John  Riley, 

Fall  River. 

1, 

May  C.  Demato,*  . 

Georgianna  Dunmore,    . 

Attleborough. 

July 

6, 

Ellen  Conroy,* 

Helen  Mnlhern, 

Taunton. 

S.-pt, 

14, 

Isabella  Ilarl,* 

Isabella  Wolslenholme, . 

Fall  River. 

N..V. 

2, 

Doris  May  Wakefield,* 

Doris  May  Keene,   . 

P^aston. 

Dec, 

7, 

Henry  Shea  Goodwin,  . 

Henry  Shea,     . 

New  Bedford. 

^1, 

Florence  Munday,* 

Claire  F.  tihaftoe,    . 

Taunton. 

ESSEX  COUNTY. 


Jan. 


Ruggles  Taylor,*  . 

G(  orge  D.  Couilliard,*  . 

Myra  E.  Foster,*   . 


Harold  Walton  Bishop, 
George  Dennett  Aubin, 
Edith  Myra  Taylor, 


Newbiiryport. 
Haverhill. 


*  Changed  by  reason  of  adoption. 


MG 


Change  of  Names. 


ESSEX  COUNTY  — Concluded. 


Date 

of 

Decree. 

1894. 

Feb. 

5, 

5, 

19, 

19, 

March 

'2d, 

April 

•2, 

•2, 

16, 

Iti, 

May 

7, 

'2\, 

June 

11. 

July 

'2, 

y, 

9, 

16, 

'23, 

Sept. 

4, 

4, 

4, 

10, 

1", 

24, 

24, 

Oct. 

1, 

Nov. 

5, 

Dec. 

3, 

17, 

1". 

1'. 

Original  Name. 


Name  Decreed. 


Residence. 


William  Hilton,*   . 
Harold  E.  Woodman,*  . 
Willie  \V.  Ham,     . 
Earl  L.  Cole,* 
Samuel  M.  Moores, 
Alice  M.  Lundgreii,*     . 
Ruth  L.Curtis*    . 
Eihel  H.  Rust,*     . 
Kdiih  J.  Rust,*,     . 
Marie  Anna  Laura  Charland 
Willard  B.  White, 
Harry  L.  Higgins,* 
Nellie  M.  Marsh,    . 
Marie  L.  Oardiner,* 
Arthur  F.  Clay,*   . 
James  8.  Kimball, 
Mary  .J.  Curtis,*    . 
Timothy  Hannefin,* 
Theresa  Hannigaa,*      . 
Lewis  E.  Putnam, 
Joseph  A.  Lacourse,*  . 
Elmer  A.Ellis,*     . 
Fannie  Gertrude  Anderson 
Elton  S.  Couilliard,*     . 
George  Atherton,* 
Alfred  S.  Davies,* 
Bertha  Boyd,* 
Ruby  M.  Stone,*    . 
David  E.  Holker,  . 
Frank  E.  Holker,  . 


William  Gates,         .        • 
Harold  EdKar  Roberts,  . 
William  Walter  H.im,     . 
Chester  Earl  Moore, 
Samui'l  Milchinson  Moore, 
Alice  May  Beaudry, 
Kuth  Louisa  I'urker,       . 
Ethel  Hall  Erabree,         . 
Edith  Jennette  Embree, 
Marie  Anna  Laura  Desroches 
Willard  Bailey  Farnsworth, 
Harry  Leroy  Jaques, 
Helen  Marie  Mareli, 
Marie  Louise  Gardiner  Keay 
Arthur  Francis  Perkms, 
James  Sylvester  Butler, 
Jennie  Huraner  Stevens, 
George  Albert  Greenl-af, 
Blanche  Theresa  Philbrick, 
Lewis  Edward  Blanchard, 
Joseph  Aroest  Roberue, 
Walter  Carli-le  Mc<iown, 
Frances  May  Whittier,  . 
Charles  Elton  Younsr,     . 
Ralph  Arthur  Merrilt,    . 
Alfred  Sidney  Davenport, 
Bertha  Blanche  Parker, 
Ruby  Lake  Kelley, 
David  Emery  Hobson,    . 
Frank  Emery  Hobson,    . 


Salisbury. 

Boston. 

Haverhill. 

Lawrence. 

Danvers. 

Salem. 

Boston. 

Gloucester. 

Gloucester. 

Salem. 

Lynn. 

Lawrence. 

Lynn. 

Lynn. 

Haverhill. 

Salem. 

Newburyport. 

Weymouih. 

Danvers. 

Ashburuham. 

Lynn. 

Boston. 

Newburyport. 

Lynn. 

Boston. 

Lynn. 

Newburyport. 

Newburyport. 


FRANKLIN  COUNTY, 


Jan . 

2 

Ida  May  Morse,*    .... 

T.,uler  May  Johnson, 

Orange. 

Feb. 

fi, 

Eva  Luciuda  iiorse,*    . 

Lottie  Gertrude  Delaney, 

Orange. 

fi 

Lawrence  Earl  Thompson,* 

Lawrence  Earl  Holden,  . 

Orange. 

fi, 

Mary  Elizabeth  Larrabee,*  . 

Mary  Elizabeth  Ruddock, 

Buckland. 

March 

fi, 

Mina  Glazier,*        .        .        .        . 

Minnie  Susan  Severance, 

Erving. 

May 
June 

1, 

Eva  Hill,* 

Eva  Lillian  Purinton, 

Colrain. 

,>> 

Minnie  Perkins,*    .         .         .         . 

Ethel  Nichols  Hill,. 

Orange. 

July 

3, 

Abbie  M.  Mellen 

Abbie  M.  Reed.        . 

Shutesbury. 

Sept. 

?.:-> 

Mildred  May  Chase,*     . 

Mildred  Mav  Wood, 

Colrain. 

?.n, 

Rose  Lane  Crantield,*  . 

Ruth  Rose  Crane,    . 

Norlhlield. 

Oct. 

23, 

Jennie  S.  Burns,*  .        .        .        . 

Jennie  8.  Rogers,     . 

Colrain. 

HAMPDEN  COUNTY. 


Jan. 

3, 

13, 

27, 

Feb. 

3, 

March  31, 

April 

4, 

28, 

June 

6 

6 

6 

23 

July 

h 

20 

Harold  Ernest  Moore,* 
(Jarrie  Stowell  Magrath,* 
Mary  Coleman,*     . 
Nellie  Louise  Benway,* 
Grace  Donkin,* 
James  Amenzo  Rice,*  . 

Fairman,* 

Lizzie  Wh  eler,*  . 
Rose  Georgiana  Blair,* 
Joseph  Charles  Falardeau,' 
Frances  Elaine  Hall,*   . 
William  Honry  Conolly,* 
Orrin  Flood,* 


Frank  Albert  Cross, 
Carrie  Elizabeth  Goodell, 
Mary  Sarah  Daly,    . 
Nellie  Louise  Abair,       . 
Rebekah  Garfield  Ladd, 
James  Amenzo  Grittith, 
Walter  Richard  Boardway, 
Nellie  May  Barber, 
Blanche  Flossie  Herrick, 
Joseph  Charles  Lalumiere, 
IClaine  Merrill, 
William  Henry  Sherman, 
Frederick  Orriu  Brighaiu, 


Rprincfield. 

Springfu'ld. 

Sprlngticld. 

Wilbraham. 

Springlield. 

Springtield. 

Holyoke. 

Guilford,  Conn. 

Westfield. 

Springfield. 

Springlield. 

Agiwam. 

Springlield. 


*  Changed  by  reason  of  adoption. 


Change  of  Kames. 


737 


H.\MPDEN^ 

COUNTY  —  Concluded. 

Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1894. 

Pept.       7, 
Oft.       12, 
N..V.        2, 
Dec.        5, 

Ruth  Liicretia  Farr,*    . 

Olive  Horton,*       .... 

Addie  Eliz.ibeth  Frost,* 

Ida  Louisa  Ovall,* 

Ruth  Lucretia  Fisk, 
Olive  Horton  Lumbard, 
Aildie  Elizabeth  Beniis, 
Ida  Louisa  Axblom, 

BpringfiPld. 
Brimtield. 

Chester. 
Spriiigtield. 

HAMPSHIRE   COUNTY. 


Feb. 

6 

March  13 

May- 

1 

June 

12 

July 

3 

21 

Au^. 

18, 

Oct. 

2, 

16 

Nov. 

7 

Ethel  Doherty,*     . 
Henry  S.  Wilder,  . 
John  Charles  Murphy.' 
Edith  Marah  Turner,* 
Abbie  Kennedy,*  . 
John  Lewis  Flaherty,* 
Gertrude  Bell  Aiken,* 
Amy  Isabella  Hadsell, 
Hone  Case,*    . 
Liuwood  G.  McCrien,* 


Ethel  Evans  Caswell,      . 
No  change  decreed, 
John  Malcolm  McAuley, 
Edith  Marah  Stackmau, 
Abbie  Mack,     . 
John  Lewis  Molloy, 
Gertrude  Bell  Marsh,     . 
Amy  Isabella  Easton,     . 
Fay  Arlene  Burt,     . 
Linwood  Johnson  Griffin, 


Easthampt'-^n. 

Northampton. 

EasthamptoJi. 

Amherst. 

Haydenville. 

Williamsburg. 

Amherst. 

Granhy. 

Plainfield. 

Greenwich. 


MIDDLESEX  COUNTY. 


Jan. 

9, 

Addle  Delora  Clay, 

Addle  Delora  Johnson,  . 

Lowell. 

9. 

Emma  Ledoux,*    .... 

Emma  Batty,    . 

I'epperell. 

16, 

Annie  Whelan,*     .        .        .        . 

Gladys  Ricker, 

Cambridge. 

23, 

Ella  F.  McCarty 

Ella  Frances  Olmsted,    . 

Newton. 

23, 

Jonas  Rosher,*       .... 

James  Wilson, 

Cambridge. 

23, 

William  Henry  Blood,* 

Henry  Hutchins,     . 

Somerville. 

23, 

Mary  Agnes  Falvey,*    . 

Mary  Agnes  Bowes, 

Boston. 

Feb. 

6, 

Flossie  Mildred  Brigham,*  . 

Florence  Mildred  Slurtevant 

Somerville. 

13, 

Ellen  O'Connor,*  .... 

Carrie  Louise  Moore, 

Boston. 

13, 

Frank  Lecloir,*      .... 

Frank  Laprise, 

Burke,  Vt. 

20, 

Frank  Fogg,*          .... 

George  Beeeher  Perkins, 

Medford.      • 

20, 

Agnes  Packard  Tupper,* 

Agnes  Tupper  Packard, 

Sheet  Harbor,  N 

S. 

27, 

Walter  Ernest  Evens,* 

Walter  Eugene  M'illiams, 

Boston. 

March  27, 

Herbert  Lyman  Wellington,  Jr., 

Herbert  Alley  Wellington, 

Lexington. 

April 

3, 

Isabella  A.  McNabb,*  . 

Isabella  A.  Waters, 

Cambridge. 

3, 

Harriet  Sanborn,* 

Edna  Harriet  Sprague,   . 

Everett. 

10, 

Jessie  Guthrie  Stickel,* 

Jessie  Guthrie  Inman,    . 

Newton. 

17, 

Frank  Kelton,*      .... 

Frank  Kelton  Peakes,     . 

Moores  Mills,  N. 

B. 

17, 

Joseph  Sargent,*   .... 

George  Guy  Burgess,     . 

Worcester. 

May 

8. 

Mary  E.  Hanks,*    .... 

Mary  Ellen  Peirce, . 

Boston. 

15, 

Edna  May  Burleigh,*    . 

Edna  May  Davis,    . 

Portland,  Me. 

22, 

Cyrus  Bancroft  Wakefield,  . 

Cyrus  Wakefield,    .        . 

Wakefield. 

22, 

Ruth  Sweet,*           .... 

Dorothy  Davies, 

Taunton. 

June 

5, 

Esther  Ella  Barry, 

Esther  Stetson  Barry,     . 

Newton. 

5, 

Fanny  Trefethern,* 

Fanny  Trefethern  Pratt, 

Boston. 

12, 

Edouard  Pouliotte,* 

Edouard  Belval, 

Lowell. 

12, 

Albia  Pouliotte,*   .... 

Albia  Lapierre, 

Lowell. 

12, 

Gertrude  May  Millett,* 

Gertrude  Leslie  Bradish, 

Maiden. 

12, 

Leonard  Alexander  Kirkpatrick,* 

Frederick  Alexander  Corner, 

Carabridse. 

19, 

Arthur  Earl  Cunningham,*  . 

Arthur  Earl  Barnard,     . 

Holden,  Me. 

19, 

Louis  J.  McDonnell, 

Louis  Frederick  Munroe, 

Lowell. 

26, 

Eva  Tyler,* 

Eva  Tyler  Sweetland,     . 

Everett. 

26, 

Mary  Crane,*          .... 

Myrtle  Estelle  Mackenzie, 

Holliston. 

26, 

Mabel  Daisy  Baker,*     . 

Mabel  Daisy  Morse, 

Marlborough. 

26, 

Ellen  8.  Miller,*     .... 

Ellen  Sophia  Barnes, 

Marlborouah. 

26, 

Mary  Keidy,*          .... 

Mary  Mahoney, 

Chicago,  111. 

July 

3, 

Robert  Dunn,*        .... 

Homer  Emrie  Pearson,   . 

Newton. 

3, 

Arthur  i).  Regnier,* 

Arthur  O.  Lapierre, 

Lowell. 

3, 

Henry  Andrew  Murray,* 

Henry  Andrew  de  Bairos, 

Marlborough. 

3, 

Edith  L.  Brown,*  .... 

Edith  Lillian  Le  Count, . 

Somerville. 

*  Changed  by  reason  of  adoption. 


758 


Change  of  Names. 

MIPPLESEX  COUXTT  — Concluded. 


Date 

of 

Decree. 

1S94. 

July 

,T, 

a, 

" 

10, 

-4, 

-•*. 

Sept. 

4, 

4, 

4, 

4, 

4, 

4, 

18, 

2'> 

25, 

2o, 

Oct. 

9, 

9. 

9, 

16, 

Ifi, 

23, 

23, 

Nov. 

7, 

•7 

7, 

13, 

20, 

27. 

"7 

Dec. 

4, 

4, 

Original  Name. 


Oornelins  J   PuUtvnn,    . 
lUifus  Hiickiiey  !Scrii)Hire, 
OBcar  Ammen  Farenholt, 
Aanes  Elizabeth  Turner,* 
Mabel  (iertrude  Brigliam,* 
Marie  Miisuire,*     . 
Harry  Lee  Doiihprty,    . 
John  Aldrich,  Jr.,* 
Douglas  Gilli»,* 

Mary  E.  MeKenna,* 
C'elia  I)onahoe,*     .         . 

Deliver,* 

Waller  W.  Morripon,*  . 
Frederick  William  Davis,* 
Minnie  Isabelle  Davis,* 
IJertha  Mitchell,*  . 
Marguerite  Grace  Madden, 
(irace  Marion  Tillsou,* 
Blanche  Crain,* 
Gertrude  M.  Fitzhenry,* 
Clara  Louise  CooU,* 
Catharine  Tallon,* 
A  If  red  Lefevre, 
Florence  Annie  Aptt,*  . 
Axel  Leonard  Asp,* 
F-lnia  Ciirley,* 
Robert  Gaeten  Pmilh,   . 
Alice  Louisa  Leiper  Brown, 
Silas  Howard  Burr  McLean, 
Edna  Uldrey  Poltorff,* 
Nettie  E.  Corley,  . 
Minnie  Carroll  Hoyt,     . 
Leo  Drummond,*  . 
David  Curtis  Ellis,* 
Elizabeth  McCarthy,*   . 
(Charles  Alexander  Bailey,* 
M  arie  Emma  Beatrice  McCarney 


Name  Decreed. 


Cornelius  .T.  Keating, 

liufus  Stickney,       .         . 

Amnien  Farenholt, . 

Agnes  Ejzabeth  Uaynes, 

Dorothy  Hojikius,  . 

Florine  Lamsoii, 

Harry  Lee  Cook,      . 

John  Bryan,     . 

George  Douglas  Clarence  Schmede 

gaard. 
Mary  Adelyn  Berry, 
Celia  O'Ncil,    ... 
Charles  Sprague  Abbott, 
W'infred  Scoot  Urnnn,    . 
Frederick  NVjIliam  Hyde, 
Minnie  Isabelle  Hyde,     . 
l^ertha  Halctead  Clarke, 
Mildred  Lothrope  Fogerty, 
Grace  Marion  Tillson  Smith, 
Eva  May  Sanborn,  . 
Gertrude  Sokell,      .        . 
Clara  Louise  Fowler, 
Catharine  Tallon  Barrett, 
Alfred  L.  Favor, 
Edelweiss  Searles  liOns, 
Harold  Leonard  Childs, . 
Klma  May  Hates,     . 
Robert  Keating  Smith,    . 
Alice  r^ouise  Knight, 
Silas  Howard  Thompson, 
Una  Warren,    . 
Nettie  Ktiiina  Everett,     . 
Carroll  Hoyt,   . 
Leo  Drummond  Brown, 
David  Curtis  Nickersuti, 
Nina  Parker  Miissells,    . 
Robert  Francis  Dandrow, 
Marie  Kmma  Beatrice  Sumpter, 


Lowell. 

Soraerville. 

Maiden. 

Boston. 

Boston. 

Boston. 

Maiden. 

Lowell. 

Cambridge. 

Bedford. 

Marlborough. 

Chelsea. 

Lowell. 

Woodbury,  Conn. 

Wooitbury,  Conn. 

Lowell. 

Maiden. 

Halifax. 

Cambridge. 

Med  lord. 

South  Ware,  N.H. 

Hudi>on. 

Lowell. 

Hoelon. 

Worcester. 

Somerville. 

Cambridge. 

Boston. 

Newton. 

Boston. 

Waltham. 

Somerville. 

Kramingbam. 

Leominster. 

Boston. 

Boston. 

Boston. 


NORFOLK  COUNTY. 


Jan. 


Feb. 


3, 
2-1, 
24, 


7, 

21, 

28, 

March  21, 

April      4, 

May       23, 


June 
July 


Bcpt. 

Oct. 
Dec. 


Mary  M.  White,*  . 
I'eter  Miilleraren,  . 
Serena  Enimagene  Overell,  . 
Mary  Caroline  Wheelwright, 
GuRtiiia  Bayerl,*    . 
George  Clarke, 
Charles  Frederick  Warnock, 
Margaret  Tapley  Bowman,* 
Maud  Elvira  Sweet,*     . 
Anna  Norton,* 
Emma  Jane  Davis,* 
Mary  Jane  Wali-h,* 
(irace  Julia  Howard,*  . 
Vioh  t  Marjorie  Kane,* 
Hattie  Crane,* 
Marsjaiet  Doyle,*  . 
John  Herman  Seihe,*    . 
^HIdre.l  Oneida  Honey,* 
Samuel  H.  Drake,. 
Unknown  infant,*  . 
Gertrude  Christahel  White 
John  Harold  Robinson,* 
.Tosephine  Harris  Stanton,*  . 
Douglas  Stoddard  McKean,* 


Mamie  Adalmar  Tufts,  . 
Peter  Miller,     . 
Serena  Emniagene  Giles, 
Mary  Cabot  Wheelwright, 
Ida  Louisa  Schimpf, 
George  Warren  Clarke, 
Charles  Frederick  Kelly, 
Marguerite  Bowman  Carpenter, 
Maud  Elvira  Cornwell,  . 
Dellie  Vesta  Sheerar, 
Emma  Davis  Eaton, 
Mary  Jane  Punch,  . 
Grace  Jtilia  (iriflin, 
Violet  Marjorie  I,oring,  . 
Lucy  I-ockwood  Ford,    . 
Maud  Clifton  Young, 
John  Norman  McKenzie, 
Blanche  May  Muchmore, 
Samuel  Albert  Holmes,  . 
I>inw()od  .\ddison  Fuller, 
Girtnide  Christabel  Esta, 
.John  Harold  Storer, 
Vera  I'aine  Hodgdon,     . 
Warren  Aubery  Smith,  . 


Wakefield. 

Hyde  Park. 

Hyde  Park. 

('ohasset. 

Boston. 

Rand(dph. 

Brookline. 

i'eabody. 

Boston. 

Binghamton,  N.  Y. 

Boston. 

Boston. 

Exeter,  N.H. 

Weymouth. 

Harbor  Grace, N.F. 

Boston. 

Boston. 

Brookline. 

Sharon. 

Boston. 

Upton. 

Hvdc  Park. 

Hyde  Park. 

Newton. 


Changed  by  reason  of  adoption. 


Change  or  JS'ames. 


759 


PLYMOUTH  COUNTY, 


Piite  of 
Decree. 


Original  Name. 


Name  Decreed. 


Residence. 


1804. 

Fel>.      ]2, 

Mirch  26, 

April      9, 

23, 

23, 

!■*, 

11, 

27, 


May 

June 
Aug. 


Sept. 


Oct. 

Nov. 


Dec. 


26, 
24, 
24, 
24, 


Benjamin  Phineas  Randall,* 

Aunie  S.  Richardson,*  . 

Harry  Bates,* 

No  name,* 

Morris  May,   . 

Katie  Courie,  .        .        . 

John  Kent, 

Paul  Edward  Revere,    . 

John  Dacey,*  .        . 

Hattie  Lora  Lally,* 

Michael  W.  Chiucy, 

Allen  B.  Browne,*         . 

Ruth  Wild,*  . 

Lawrence  Howard  Silvia,* 

Forrest  Chase  Isenor,*. 

Lillian  Isenor,* 

Percy  Grattati,* 

Lilla  Vaughn  Browne,* 

Avis  Jackson,* 

Edith  Ewer,*. 

Charles  Augnstns  Blomberg 

Jojeph  McNeil  Folej-,*. 

Francis  Thompson,* 

William  Thomas  Alexander, 


Benjamin  Phinens  Sturtevant, 
Aunie  S.  Litchtield, 
Clarence  Harry  Leslie  Knight, 
Ella  Gerrish,    . 
George  Maxwell  Parker, 
Catherine  Leonard, 
John  Saston  Kent,  . 
Paul  Revere,     . 
Franklin  Sumner  Conant, 
Hattie  Lora  Worman,     . 
Walter  Clancy,        .        . 
Albert  Ed  win  Sweetser, 
Ruth  Genevieve  Ford,    . 
Lawrence  Howard  Churchill 
Forrest  Henry  Josselyn, 
Lillian  Charlotte  Josselyn, 
Percy  Case, 

Lillian  Vaughn  Sweetser, 
Ivis  Snow,        .        .        . 
Edith  Gertrude  Thayer, 
Charles  Augustus  Brown, 
Charles  Marcus  Davis,   . 
Frank  Rich  Langdon, 
William  Thomas  Crawford, 


Halifax. 

Middleborough. 

Brockton. 

Rochester. 

West  Bridgewater. 

Bridgewater. 

Brockton. 

Bridgewater. 

Brockton. 

Brockton. 

Brockton. 

Brockton. 

Whitman. 

Whitman. 

South  Hanover. 

South  Hanover. 

Bridgewater. 

Brockton. 

Brockton. 

Brockton. 

Brockton. 

Abington. 

Marshfield. 

Brockton. 


SUFFOLK  COUNTY. 


Jan.        4, 

Bertha  Ruth  Piper, 

Ruth  Raymond,       .... 

Boston. 

4, 

Minnie  Frances  Piper,  . 

Minnie  Frances  Raymond,     . 

Boston. 

4, 

Eliza  A.  Murphy,  . 

Eliza  A.  Frewen,     .... 

Boston. 

11. 

Emma  F.  McCarty, 

Emma  Frances  Olmstead, 

Boston. 

11- 

Charles  F.  VVarnock,    . 

Charles  F.  Kelly 

Boston. 

11, 

Harold  Sullivan,*  . 

Harold  William  Knapp, 

Boston. 

11, 

Ethel  Gertrude  Lynn,* 

Edith  Gertrude  Fahey,  . 

Boston. 

25, 

Mary  A.  Sullivan,* 

Mary  A.  Vasconcellos,   .        . 

Boston. 

25, 

Elizabeth  McKenzie,     . 

Elizabeth  Bai  klay 

Boston. 

25, 

Lizzie  Josephine  Woodwart 

',      • 

Elizabeth  Josephine  Woodward,  . 

Boston. 

Feb.        1, 

Evyline  J.  Moran,* 

Evyline  J.  Fiske 

Boston. 

1, 

lona  P.  Moran,*     . 

lona  F.  Fiske 

Boston. 

8, 

William  Culleton,* 

Charles  Mears  Scofield, . 

Boston. 

li, 

Hans  Christian  Anderson, 

Henry  Christian  Anderson,   . 

Boston. 

15, 

James  J.  Ready,    . 

James  J.  Kane,        .... 

Boston. 

23, 

Bertha  Elizabeth  Thayer,* 

Bertha  Elizabeth  Terrio, 

Boston. 

23, 

Louisa  1)   Mundy,* 

Louisa  D.  Taylor 

Boston. 

March    1, 

Edwin  Keeley,*     . 

Edwin  Richards 

Boston. 

1. 

Sarah  Edith  Kouillard,* 

Hattie  Young  Rouillard, 

Revere. 

1, 

Ivanry,*  . 

Alice  Gertrude  Smith,    .        . 

Boston. 

8. 

Mary  Hellen  Farrar,*   . 

Mary  Hellen  Buckley,    .        . 

Boston. 

8, 

William  H.  Nevills,*     . 

William  H.  Chase 

Boston. 

8, 

Willie  Murdock,*  . 

Stanley  William  Bailey, 

Boston. 

8, 

Alfred  Harnier  McCormick, 

Alfred  Ilarmer  Rickards, 

Boston. 

15, 

Abigail  Frances  Stetson,* 

Frances  Stetson  Cotter,  .        . 

North  Pembroke. 

15, 

Sylvia  P.  Crampsey, 

Sylvia  P.  Irish 

Boston. 

15, 

Ella  F.  G.  Mealey, 

Ella  F.  G.  Scott,      .... 

Boston. 

1^, 

Eliza  J.  J.  Mealey, 

Lillian  Scott, 

Boston. 

29, 

Lucy  Anna  Frohock,    . 

Lucy  Anna  Ferguson,     . 

Boston. 

April      5, 

Benedict  Burgess,* 

Benedict  Hood,        .... 

Maiden. 

5, 

Charles  Clements  Aldrich,* 

Charles  Clements  Aldrich  Ames,  . 

Taunton. 

20, 

Eugene  E.  Hamlelt,*    . 

Eugene  E.  Plimpton, 

Lexington,  Mo. 

20, 

Henry  B.  Bprick,  . 

Henry  n.  Sprague, . 

Boston. 

26, 

Leo  Lemke,    . 

Leo  Haider 

Boston. 

26, 

Louis  Ginsburg,     . 

Louis  Abraham  Ginsburg,     . 

Boston. 

26, 

George  Adolph  Samuel  Lemke,  . 

George  Theodore  Haider, 

Boston. 

26, 

Caroline  I.  Turner, 

Caroline  I.  Gushing,        . 

Boston. 

♦  Changed  by  reason  of  adoption. 


7G0 


Change  of  ;N"ames. 


SUFFOLK  COUNTY  — Continued. 


Date  of 
Decree. 


May 


1.H9I. 

April  2P. 
26, 
26, 
26, 
3. 
3, 
3, 
3. 
3, 
3, 
3, 
IT, 
17, 
17, 
24, 
24, 
24, 
24, 
31, 
31, 
14, 
14, 
14, 
21, 
21, 
28, 
28, 
5, 
12. 
19, 
26, 
16, 
16, 
16, 
16, 
16, 


June 


July 


Aug. 


Sept. 


Oct. 


Nov. 


Original  Name. 


6, 

6, 

6, 

6, 

13, 

13, 

20, 

20, 

27, 

27, 

27, 

27, 

27. 

27, 

4, 

4, 

4, 

11. 

11. 

18, 

18, 

25, 

1, 

1. 


Effie  Alice  Richards,     . 
(rerirude  Blanche  Ilarding, 
Laura  Silva,*  .        . 
(Jrace  Irene  Iladley,*    . 
Robert  B    Pmeaton,*      . 
Dorothy  Hammond,*    . 
Margaret  Rice,*     . 
Kthel  M.  Quinn,*  . 
Kmma  Annie  Nutting,* 
Mabel  Andrews,*  . 
Simon  Salavoichili, 
Harry  Francis  Aloxander, 
Pearl  Jessie  Cone,* 

Hayden,* 

Ralph  lienry  McLean,* 
^lildred  Calredo  Coley,* 
Elizabeth  Feeney,* 
Ethel  Benson,* 
Walter  Hcot  Adams,* 
James  T.  Kilpatrick, 
Harry  Richardson,* 
Elmer  E   Stevens,  Jr.,* 

Sutherland,*  . 

Mary  Elizabeth  Mnldoon,* 
Frances  Dorothy  Fobs,* 
Forrest  Sherman,* 
Pearl  Virtue,*        . 
Jonas  Rosher,* 
Florence  CJochrane,* 
Harris  Smith,* 
Eva  Gertrude  Healy,* 
Bi-rtha  Kelson,*     . 
Ferdie  C.  Balver,    . 
Mary  Agnes  Brennan, 
Frederic Ic  H.  Ward,* 
Bertha  Isabella  Ward,* 
John  A.O'Doherty, 
Seymore  Milliken,* 
Teresina  Simoniello,* 
Franklin  Regan,*  . 
Sylvia  Mason,* 
Frank  Marcus  Barrett, 
Barnett  Schnaper, 
George  Hervey  Reed, 
John  Brown,* 
Lillie  White,  . 
Morris  Moskovtze, 
Simon  Moskovtze, 
Easer  Moskovtze,  . 
Flora  Moskovtze,  . 
Lucy  Allison,* 
Lillian  White,*      . 
Mary  Hisken,* 
Alice  Josephine  McKay 
Mary  Ann  Pelrine,* 
Charles  Asikowitz, 
John  Henry  Foley, 
Elsie  Hubbard,*     . 
Catherine  A.  Sullivan,' 
Henry  Conley, 
Axel  L.  Arvidson, 

Sullivan,* 

Frank  Morse, 
Albina  M.  Palmer,* 
May  Dunkerton,*  . 
Victor  AUiert  Neilson,* 
Kline,*    . 


Name  Decreed. 


Jennie  Richards  Moore, 
Gertrude  Elizabeth  Brady, 
Laura  Gomes,  . 
Grace  Irene  Russell  Leighton 
Grover  Robert  Barney 
Hazel  Dutton  Sleei)er, 
Nellie  Theresa  Cullen, 
Ethel  J.  Mayes, 
Emma  Annie  Pierce, 
Nina  May  Hatch,     . 
Simon  Salaway, 
Harry  Francis" Hardy, 
Pearl  .Jessie  Patterson 
William  Vassall  Hayd 
William  Foss  Baker, 
Mildred  Simpson,    . 
Ella  Josephine  Leckie, 
May  Ethel  Sharp,    . 
Walter  Scott  Baldwin, 
James  T.  Kirki)atrick, 
Harry  Eugene  Stearns, 
Elmer  E.  Elwell,     . 
Luella  Ann  I^Iosher, 
Mary  Elizabeth  Bowditch 
Frances  Dorothy  Fair, 
Forrest  Everett  Drake, 
Carol  Pearl  Forsberg, 
Leo  Tilles, 

Helen  Frances  Middleton 
Henry  Clifford  Smith, 
Eva  Gertrude  Stevens, 
Bertha  Daisy  Read, 
Ferd.C.  Baker, 
Mary  Agnes  McKenna, 
Frederick  U.  McGowan. 
Bertha  Isabella  McGowan, 
John  A.  Dohorty,    . 
Seymore  Stiles,        . 
Teresina  Cangiano, 
Franklin  Bobbins,  . 
Iva  May  Brady, 
Charles  Harold  Burk, 
Barney  Leavitt, 
George  Howard  Reed, 
Leroy  Harold  Leathers 
Lillian  Crowder, 
Morris  Morse, . 
Simon  Morse,  . 
Easer  Morse,    .        . 
Flora  Morse,    . 
Elena  Augusta  Stone, 
Lillian  Miley,  . 
Mary  Gallagher, 
Alice  Josephine  Baker 
Mary  E.  Palmer,      . 
Charles  Askowilh,  . 
Henry  John  Foley,. 
Mildred  Alice  Wood, 
Catherine  A.  Marshall, 
Henry  West,    . 
Aleck  L.  Davidson, 
Grace  Howard  Hodgkin 
F.  Morse  de  Agreda, 
Marie  Pratt,      . 
Eva  May  Lee,". 
Victor  Albert  Wennerstrcm 
Joseph  Francis  Smyrl,   . 


Residence. 


Boston. 

Lynn. 

Boston. 

Lynn. 

Boston. 

Marblehead. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Revere. 

Fall  River. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Canton. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Palmer. 

Chelsea. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston, 

Boston. 

Boston. 

Lowell. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

'  Boston. 

Boston. 
1  Boston. 

Boston. 
[  Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 


'61 


SUFFOLK  COUN-TY  — Concluded. 


Date 

of 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

1894. 

Nov. 

15, 

Nellie  Hirst,*          .        .        .        . 

Marie  Louise  Denison,    . 

Boston. 

15, 

Lydia  Marie  Larason,*. 

Lydia  Marie  Cherry, 

Boston. 

15, 

Lewis  Poritzky 

Lewis  Adolf  Hoogu, 

Boston. 

22, 

Jennie  Patterson 

Jennie  Malherson  Frazer, 

Boston. 

22, 

Daniel  J.  Heardon,  Jr.,* 

Joseph  Henry  Furber,    . 

Boston. 

22, 

George  Clune,*      .... 

Salvatore  Bova, 

Boston. 

31), 

Marguerite  Johnson,*  . 

Marguerite  Ethel  Fair,   . 

Boston. 

Deo. 

6, 

Robert  Edward  Lee  Leason,* 

Robert  Edward  Beau,     . 

Hyde  Park. 

fi. 

Micliael  Harrington, 

Nathan  Michael  Harrington, 

Boston. 

13, 

Philip  Earl  Fuller,* 

Cyrus  Kelliar  Campbell, 

Boston. 

13, 

Evelyn  Susan  Alberta  Clough,*  . 

Evelyn  Susan  Alberta  Peabody, 

Boston. 

13, 

liena  Charles  Ellanor  Clough,*    . 

Rena  Charles  Ellanor  Peabody, 

Boston. 

20, 

Emma  Mevers,*     .... 

Valentine  Farine  Woodward, 

Boston. 

20, 

Justin  Benin,*       .... 

Justin  Maurice  Brown,  . 

Boston. 

27, 

Thomas  F.  O'Keefe,*    . 

Francis  Richard  FoUis,  . 

Maiden. 

27, 

Mary  Christina  Ferri,* 

Marie  Dianna  Petersen,  . 

Boston. 

27, 

George  Lyman  Cade  Freeman,     . 

George  Lyman  Cade, 

Boston. 

27, 

Edward  K:ine 

Edward  Dexter  Chandler, 

Boston. 

WORCESTER  COUNTY. 


Jun. 


Feb. 


5, 

26, 

2, 

2, 

2, 

2, 

20, 

27, 

March    2, 


9, 

13, 

April      3, 

10, 


May 


June 


July 


Sept. 


Oct. 


Nov. 


John  Marshall  Remington,* 
Isaac  Wezanski,    .        . 
Ralph  Grout,* 
George  IrviugTumey,  . 
Jennie  Maria  Tumey,    . 
Charles  Irving  Tumey, 
Stella  Catherine  Turaey, 
Ruth  Taft,*    . 
Lulalssie  Brunelle,*     . 
Florence  May  Lusigiiaw,* 
Addie  Maud  Bisco, 
James  Dudley  Doherty, 
Elizabeth  McAuIiffe,*  . 
George  Edward  McDonald, 
Herbert  William  Ardrie, 
Alice  P.  Kimball,  . 

Charles  Dexter  Coles,* 

Nellie  Gertrude  Fowler,* 

Ellen  McKay,* 

Lillian  May  Hunt,* 

Edith  Eudora  McCracben, 

Annie  Murphy,*    . 

Edwin  Winter  Cole,*    . 

Eva  Ryan,*     . 

Willie  Sylvester,*. 

Eva  May  Proctor,* 

Katie  Cullen,* 

Louis  S.  Rockwood,*    . 

Abraham  Isaac  Asherowsby, 

Eva  Roach,*  . 

Agnes  Gertrude  Maxwell, 

Wesley  Willard  Humes, 

Katie  Cannon,* 

John  William  Martin,* 

Charles  Augustus  Hicks,* 

Russell  Neillson,* . 

Odile  Larochelle,* 

Thonias  Waters,*  . 

Flora  May  Henry,* 

Mabel  Martin,* 

George  Leon  Lanier,* 

Henry  M.  Mann,*  . 

Mary  Ann  Gritlin,* 

Israel  Franklin  Taylor,* 


Marshall  Fred  Cortis, 

Isaac  UilBon,    . 

Ralph  Ellsworth  Brown 

(jeorge  Irving  Wood, 

Jennie  Maria  Wood, 

Charles  Irving  Wood, 

Stella  Catherine  Wood,  _ 

Ruth  Kranciese  Partridge, 

Lula  Burke, 

Florence  May  Whiting, 

Adeline  Maud  Bisco, 

James  Dudley, 

Elizabeth  King, 

George  Edward  Hetue, 

Herbert  William  Flagg, 

Alice  P.  Bemis, 

Leroy  Dolson  Newman, 

Charles  Dexter  Oliver, 

Nellie  Gertrude  ISherman, 

Helen  Bullard, 

Lillie  Grace  Lewis, 

Edith  Eudora  Marsh, 

Lena  Mary  Mills,     . 

Edwin  Winter  Pomeroj 

Eva  Cortis, 

Wilfred  Alden  Coffin, 

Eva  May  Morse, 

Katie  Conley,  . 

Louis  Simmons  Stickney 

Abraham  Isaac  Asher, 

Eva  Flibotte,    . 

Flora  Gertrude  Fay, 

Wesley  Goodrich  Humes, 

Katie  Twohey, 

.John  William  White,     . 

Charles  Augustus  Loudon 

Russell  Nelson  Putnam, 

Odile  Dufnult, 

Thomas  Whitney  Waters, 

Flora  Mary  Haven, 

Almina  Francis  Leaviett, 

George  Leon  O'Regan,  . 

Henry  Richardson  Afoody, 

Shirley  Estell  Worthley, 

Harry  Frank  Whitney, 


Oxford. 

Worcester. 

Westminster. 

Southbridge. 

Southbridge. 

Southbridge. 

Southbridge. 

Worcester. 

Fitchburg. 

Oxford. 

Worcester. 

Worcester. 

Northbridge. 

Ashburnham. 

Northborough. 

Mendon. 

Worcester. 

Alhol. 

Worcester. 

Westboroueh. 

North  Brooiitield. 

-Auburn. 

Charlton. 

Worcester. 

Oxford. 

Millbury. 

East  Broobfleld. 

Uxbridge. 

Ashburnham. 

Worcester. 

Ilolden. 

Worcester. 

Fitchburg. 

Clinton. 

Sutton. 

Worcester. 

New  London, Conn. 

Southbridge. 

Phillipeton. 

Worcester. 

Leominster. 

Worcester. 

Beaver,  Penn. 

Fitcbl)urg. 

Fitchburg. 


*  Changed  by  reason  of  adoption. 


CIVIL    GOVERNMENT 


Cnmmaiitocaltb  ai  ^assacbusetts, 


AND     OFFICERS     IMMEDIATELY    CONNECTED     THEREWITH    FOR 
THE     POLITICAL     YEAR 


1895. 


EXECUTIVE    DEPARTMENT. 


HIS   EXCELLENCY 

FREDERIC   T.    GREENHALGE, 

Governor. 

Henry  A.  Thomas Private  Secreta7-y. 

Edward  F.  Hamlin Executive  Clerk. 

HIS    HONOR 

ROGER  WOLCOTT, 

Lieutenant  Governor. 


COUNCH.—  (By  Districts). 

I.  — ZIBA  C.  KEITH Brockton. 

n.  — CYRUS  SAVAGE Taunton. 

IH.  — FRANCIS  H.  RAYMOND Somerville. 

IV.  — JOHN  H.  SULLIVAN Boston. 

v.— B.  FRANK  SOUTMVVICK Peabody, 

VI.  — JOHN  M.  HARLOW Woburn. 

VH.  — CHARLES  E.  STEVENS Ware. 

VIII.  — AL VAN  BARRUS Goshen. 


WILLIAM   M.    OLIN, 

Secretary  op  the  Commonwealth. 

Isaac  H.  Edgett,  1st  Deputy.  Herbert  H.  Boynton,  2cl  Deputy. 

*  EDWARD    P.    SHAW, 

Treasurer  and  Receiver  General. 

John  Q.  Adams,  1st  Clerk.  George  S.  Hall,  2d  Clerk. 

Wendell  P.  IMarden,  Cashier. 

JOHN    W.    KIMBALL, 

Auditor  of  Accounts. 

William  D.  Hawley,  1st  Clerk.  James  Pope,  2cl  Clerk. 

HOSEA   M.    KNOWLTON, 

Attorney-General. 

George  C.  Travis First  Assistant  Attorney-General. 

James  Mott  Hallowell     ....     Second  Assistant  Attorney-Oeneral. 

*  Elected  by  the  Legislature,  April  25;  qualified  April  29;  in  place  of  Henry  M.  Phillips, 
resigned. 


LEGISLATIVE  DEPARTMENT. 


GENERAL    COURT. 

Arranged  in  Accordance  avitii  the  District  RE\asiON  of  1886. 


SENATE. 


President  — WILLIAM   M.  BUTLER. 


District. 

Name  of  Senator. 

Kesidence. 

First  Suflfolk,  . 

Joseph  B.  Maccabe,     . 

Boston. 

Second    " 

Joseph  J.  Corbett, 

Boston. 

Third      " 

Michael  B.  Gilbride,     . 

Boston. 

Fourth    " 

John  Quinn,  Jr.,  . 

Boston. 

Fifth       " 

George  P.  Sanger, 

Boston. 

Sixth       " 

William  H,  McMorrow, 

Boston. 

Seventh  » 

Isaac  P.  Hutchinson,    . 

Boston. 

Eighth    " 

Granville  A.  Fuller,     . 

Boston. 

Kinth      » 

Charles  F.  Sprague,     . 

Boston, 

First  Essex, 

Eugene  A.  Bessom, 

Lynn. 

Second    " 

George  A.  Galloupe,    . 

Beverly. 

Third      " 

Sylvanus  Smith,  . 

Gloucester. 

Fourth    " 

Edward  G.  Frotliingham,     . 

Haverliill. 

Fifth 

Horace  H.  Athcrton,     . 

Saugus. 

Sixth      " 

George  L.  Gage,  . 

Lawrence. 

First  Middlesex, 

George  W.  Perkins, 

Somorville. 

Second       " 

*James  P.  Niles,    . 

Watertown. 

Third 

William  B.  Durant, 

Cambridge. 

*  Elected  February  26;  qualified  March  11 ;  in  place  of  Oliver  Shaw,  senator  elect,  deceased 
Dec.  26,  1894. 


Senate. 


767 


District. 

Name  of  Senator. 

Residence. 

Fourth  Middlesex,  . 

George  A.  Reed,  . 

Framingham. 

Fifth          «              ... 

George  J.  Burns, . 

Ayer. 

Sixth          "              ... 

Arthur  H.  Wellman,     . 

Maiden. 

Seventh     "             ... 

Ether  S.  Foss, 

Lowell. 

First  Worcester, 

Stephen  Salisbury, 

Worcester. 

Second       "               ... 

*Edwin  B.  Harvey,        , 

Westborough. 

Third         "              ... 

Ledyard  Bill,        .        , 

Paxton. 

Fourth       "              ... 

Joel  D.  Miller,     . 

Leominster. 

Worcester  and  HamjDshire,     . 

Percival  Blodgett, 

Templeton. 

First  Hamxxleu, 

Edward  S.  Bradford,    . 

Springfield. 

Second       "              ... 

Marciene  H.  Whitcomb, 

Holyoke. 

Franklin,          .... 

Dana  Malone, 

Greenfield. 

Berkshire,       .... 

George  P.  Lawrence,   . 

Xorth  Adams. 

Berkshire  and  Hampshire, 

John  B.  Ripley,    . 

Chester. 

First  Norfolk, 

Francis  W.  Darling,     . 

Hyde  Park. 

Second      "                ... 

Robert  S.  Gray,    . 

Walpole. 

First  Plymouth,       .         , 

Edward  B.  Atwood, 

Plymouth. 

Second      "               ... 

James  Gushing  Leach, 

Bridgewater. 

First  Bristol,  .... 

Louis  C.  Southard, 

Easton. 

Second    "        .        .        .        . 

Joseph  0.  Neill,  .        . 

Fall  River. 

Third       "       .        .        .        . 

William  M.  Butler,      . 

New  Bedford. 

Cape, 

William  A.  Morse, 

Tisbury. 

*  Resigned  Juue  5. 


HENRY  D.  COOLTDGE, 
EDMUND  DOWSE, 
JOHN  G.  B.  ADAMS,  . 


Clerk. 

Chaplain. 

Sercjtant-at-Anns. 


7G8 


House  of  Representatives. 


HOUSE    OF    REPKESEXTATIYES. 


Speaker— GEORGE  v.   L.   MEYER. 


COUNTY  OF  SUFFOLK. 


Town  or  Ward. 


Name  of  Kepresentative. 


2d, 


1st,      Boston,  Ward    1, 


Boston,  "Ward    2, 


3d, 

Boston 

Ward    3, 

4  th, 

Boston 

Ward    4, 

5th, 

Boston 

Ward    5, 

Cth, 

Boston 

Ward    6, 

7th, 

Boston, 

Ward    7, 

8th, 

Boston, 

Ward    8, 

9th, 

Boston, 

Ward    9, 

lOtli, 

Boston, 

Ward  10, 

11th, 

Boston, 

Ward  11, 

12th, 

Boston, 

Ward  12, 

13th, 

Boston, 

Ward  13, 

14th, 

Boston, 

Ward  14, 

John  L.  Bates, 
James  A.  Coohran, 

IVIanassah  E.  Bradley, 
William  J.  Donovan, 

Michael  W.  Collins, 
John  ^I.  O'Hara,    . 

Timothy  J.  Donovan, 
Jeremiah  J.  McCarthy, 

William  T.  Graham, 
]\Iichael  J,  O'Brien, 

Daniel  D.  Rourke, , 
Martin  F.  Ryder,    . 

Bernard  Mc!\Iackin, 
Timothy  F.  Murphy, 

William  F.  Donovan, 
Thomas  F.  Keeuan, 

deorofe  v.  L.  Meyer, 
Robert  T.  Teamoh, 

Arthur  L.  Sprinof,  . 
Clarence  P.  Weston, 

Joshua  B.  Holden, 
Francis  C.  Lowell, 

Daniel  M.  Driscoll, 
William  P.  Driscoll, 

James  A.  G  alii  van, 
^Mieiiael  P.  Geary,  . 

Daniel  J,  Berry,     . 
Joseph  J.  Morton,  . 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 


House  of  Representatives, 


769 


COUNTY  OF   SUFFOLK  —  Conct.uded. 


Town  or  Ward. 


Name  of  Representative. 


loth, 

16th, 

17th, 

18th, 

19th, 

20th, 

21st, 
22cl, 
23d, 

24th, 
25th, 
26th, 

27th, 


Boston,  Ward  15, 

Boston,  Ward  16, 

Boston,  Ward  17, 

Boston,  Ward  18, 

Boston,  Ward  19, 

Boston,  Ward  20, 

Boston,  Ward  21, 
Boston,  Ward  22, 
Boston,  Ward  23, 

Boston,  Ward  24, 

Boston,  Ward  25, 

Chelsea,  Wards  1,  2,  3 

^Chelsea,  Ward  4, 
^  Revere, 
Q  Winthrop, 


James  F.  Creed, 
John  G.  Iloran, 

James  Keenan, 
James  F.  Ryan, 

Franz  11.  Krebs,  Jr., 
William  W.  Towle, 

George  A.  Ilibhard, 
Albert  C.  Smith,     . 

Thomas  F.  Fallon, 
Timothy  Holland,  . 

Daniel  C.  Casev,     . 
Charles  I.  Quirk,    . 

William  W.  Davis, 
George  M.  Scates, . 

Mark  B.  IMulvey,   . 

William  E.  Ford,   . 
Charles  F.  Sturtevant, 

George  B  Bird, 
John  K.  Tultle, 

Samuel  II.  Mitchell, 

Franklin  O.  Barnes, 
Edward  E.  Willard, 


Ernest  W.  Roberts, 
George  T.  Sleeper, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston, 

Chelsea. 
Chelsea. 

Chelsea. 
Winthrop. 


COUNTY   OF   ESSEX. 


1st, 


f  Salisbury, 
J  Amesbury,    . 
j  Merrimac,     . 
(^  West  Newbury, 


Richard  Newell, 
John  J.  Prevaux, 


West  Amesbury, 
Amesbury. 


no 


House  of  Kepresentatives. 

COUXTY  OF  ESSEX  — Continued. 


Town  or  Ward. 


Xame  of  Representative. 


2d,     \     II:iverhiIl,Wardsl,2,4,6, 
3d, 

Lawrence,  Wards  1,2,  3, 


4th, 
5th, 
6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
IGth, 

17th, 


riTaverhill,  Wards  3,  5, 
)  .Melhiien,  . 
(  Bradford,  . 


Lawrence,  Wards  4,5,  6, 

^  AndoTPr,  .        .        .  ? 

(  Xorlh  Andovcr,         .  I 

fGroveland,  .  .  ^ 

J  (leorf^etown,  .  .  ', 

)  Roxford,    .  .  .  f 

(^Topsfleld, .  .  .  j 

^  Xewbi]ry])ort,  Wards  1-6,  ? 
I  X'ewbur}",.         .         .  ^ 

f  Rowley,     .         .         .  ^ 

!  Ipswich,    .         ,         ,  [ 

1  Hamilton,.         .         .  f 

\_  Wenhaui,  ...  J 

f  Gloucester,  Wards  1,  3,  4,  "^i 

I      6,  6, 7,8,         .         .  ' 

j  Essex,        .         .         .  f 

,  l^  Manchester,       .         .         j 


Gloucester,  ^Vard  2, . 
Kuckport, . 

Beverly,    . 

Salem,  Wards  1,2,. 

Salem,  Wards  3,  5,   . 

Salem,  Wards  4,  6,   . 

Marblohead, 

Swampscott, 
Lynn,  Wards  2,  3, 


Samuel  W.  Georofc, 
Thomas  E.  St.  John, 


Levi  A.  Driiry, 
Robert  A.  Richardson, 


Jose]ih  J.  Flynn,    . 
John  AL  Lynch, 

Ilarrv  R.  Dow, 
Charles  F.  Sargent, 

L.  Edgar  Osgood,  . 


Charles  T.  Balch, 


Edward  A.  Hale,    . 
Caleb  13.  llu.-^e. 


Daniel  D.  Stone,     . 


Charles  D.  Brown, 
licnjamin  S.  Bullock, 
George  J.  Tarr, 


J.  Loring  Woodfall, 

Joseph  W.  Stocker, 

John  D.  H.  Gauss, . 

Cyrus  A.  Jordan,   . 

George  G.  Russell, 

Frank  L.  Wadden, . 

George  H.  Xewha'l, 
Edward  W.  Binkham, 


Haverhill. 
Haverhill. 

Bradford. 
Haverhill. 

Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 

Xorth  Andover. 


Groveland. 


Xewbur\-])ort. 
Newburyport. 


Hamilton. 


Gloucester. 

.Manchester. 

Gloucester. 


Rockport. 

Beverly. 

Salem. 

Salem. 

Salem. 

INLarblehead. 

Lynn. 
Lynn. 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Concluded. 


71 


Town  or  Ward. 


Name  of  Representative. 

Residence 

Edward  P.  Johnson, 
John  B.  Nevvhall,  . 

Lynn. 
Lynn. 

Daniel  W.  Allen,    , 
Beujamiu  F,  Estes, 

Lynn. 
Lynn. 

William  H.  Hntohinson, 
William  Shepherd, 

Lynn. 
Lynn. 

Nicolas  M.  Quint,  . 

Peabody. 

J.  Frank  Porter,     . 

Danvers. 

Lynn,  Ward  4,  . 
Nahant, 

Lynn,  Wards  1,  5, 
Lynnfield, 

Lynn,  Wards  6,  7, 
Saugus, 

Peabody,  . 

Danvers,    . 
Middleton, 


COUNTY  OF  MIDDLESEX. 


Cambridge,  Wards  1,  5, 

Cambridge,  Ward  2, 

Cambridge,  Ward  3, 

Cambridge,  Ward  4, 

Soraerville,  Ward  1, 
Soraerville,  Ward  2, 
Somerville,  Wards  3,  4, 
Medford,  Wards  1-6, 

INIalden,  Wards  1-7, . 

Everett,  Wards  1-6, . 
Melrose,    . 
Stoneham, 
Wakefield, 


David  T.  Dickinson, 
James  J.  Myers,     . 

Frederick  W.  Dallinger 
Wellington  Fillmore, 

John  T.  Shea, 

Sumner  C.  Higgins, 
Warren  F.  Spalding, 

Amasa  E.  Southworth, 

Frank  W.  Kaan,     . 

Robert  Duddy, 

Samuel  N.  Mayo,   . 

ITarvey  L.  Boutwell, 
Ezra  A.  Stevens,    . 

John  C.  Spofford,  . 

George  R.  Jones,   . 

William  H.  Marden, 

Silas  W.  Flint, 


Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 

Cambridge. 

Cambridge. 
Cambridge. 

Somerville. 

Somerville. 

Somerville. 

Medford. 

Maiden. 
Maiden. 

Everett. 

Melrose. 

Stoneham. 

Wakefield. 


772  House  of  Repkesentatives. 

roUNTY   OF   MIDDLESEX  — Continued. 


Town  or  Ward. 


Name  of  Representative. 


14th, 
loth, 
ICth, 
17th, 
18th, 

19lh, 

20th, 

21st, 
22d, 
23d, 

24th, 

2.Jth, 
2Gth, 

27th, 
2Sth, 


i  Wnburn,  Wards  1-7, 
(  Reading,    . 

^  Arlinjjton, 
I  Winchester, 

^  Watertown, 
(  Belmont,  . 

Xewton,  Wards  1-7, 

^  Waltbam,  Wards  1-7, 
I  ^Vestuu,     . 

f  Lexinfrton, 
I  Lincoln,  . 
^  Concord,  . 
Bedford,  . 
[Burlington, 

f  Chelmsford, 
I  lUllcrica,   . 
■{  Tevvksbury, 
I  Wilmington, 
[  North  Reading, 

Lowell,  Ward  1, 

Lowell,  Ward  2, 

Low^ell,  Ward  3, 

Lowell,  Wards  4,  5, 
Dracut,      . 
i'yngshorough, 

Lowell,  Ward  6, 

Natick, 

^  ITopkinton, 
I  Ashland,    . 

fllolliston, . 
I  Sherl)orn,  . 
*  Kramingham,    . 
t^  Way  land,  . 


Solon  Bancroft, 
George  E.  Fowle,  . 

James  A.  Bailey,  Jr  , 
]■     Frank  Chandler,     . 


Albert  T>.  TTarwood, 
J.  Edward  llollis,  . 

Fred.  IL  Bradford, 
Charles  P.  i'und,    , 


John  Winn,    . 


George  F.  Snow,    . 

Fred  II.  Rourke,     . 

George  E.  Putnam, 

John  Joseph  O'Connor, 

*Frank  S.  Bennett, 
William  II.  I.  JIayos, 
George  A.  lloper,  . 

Thomas  F  Iloban, 

Edward  II.  ^^'ilson, 

/  i  Abner  Greenwood, 


1 


George  A.  Leach, 
E.  Lewis  JNIoore, 


Reading 
Woburn. 

Arlington. 

Belmont. 

Xewton. 
Xewton. 

Waltham. 
Waltham. 


Burlin<Tton, 


Chelmsford. 

Lowell. 

Lowell. 

Lowell. 

Tyngsboro'. 

Lowell. 

Lowell. 

Lowell. 

Xatick. 

Ashland. 


Wayland. 
Framinjrliam. 


•  Deceased  April  10. 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX  — Concluded. 


73 


l)istrict. 

Town  or  Ward. 

Xatue  of  Representative. 

Residence. 

29th, 

^  Marlborough,  ^A 
<  Hudson,    . 
(^Sudbury,  . 

f  Maynard,  . 
1  Stow, 

Tards 

'1 

Louis  P.  Howe, 
lieury  Tower,         , 

]\rarl  borough. 
Hudson. 

30th, 

I  Boxborough, 
1  Littleton,  . 
Acton, 
^Carlisle,    . 

f  West  ford,. 

Josiah  P.  Thacher, 

Littleton. 

31st, 

!  Groton, 
j  Pepperell, 
l^  Dunstable, 

Wesley  0.  Hawkes, 

Westford. 

32d, 

'  Ayer, 

,  Shirley,      . 
]  Townsend, 
I^Ashby,       . 

^ 

Henry  Edgarton,    . 

Shirley. 

COUNTY  OF   WORCESTER. 

1st, 

r  Athol, 

<  Rovalston, 

(  Phillipston, 

1 

Harding  R.  Barber, 

Athol. 

2d, 

f Gardner,    . 
I  Winchendon, 
j  Terapleton, 
1^  Ashburnham, 

1 

1 

) 

Theodore  K  Parker, 
Oilman  Waite, 

Winchendon. 
Templeton. 

3d, 

(  Barre, 
Dana, 
■^  Petersham, 
1  Hardwiek, 
^Rutland,    . 

Albert  L.  Wiley,    . 

Hardwiek. 

4th, 

(  Westminster, 
1  Ilubbardston, 
^  Princeton, 
1  Ilolden,     . 
t^  Paxton, 

J 

Algernon  T.  Beaman,    . 

Princeton. 

5th, 

f  Brookfiel d. 
North  Brookfie 
West  Brookfiel 

^  New  Braintree, 
Oakham,    . 
Sturbridge, 

1^  Warren,    . 

'cl, 

■         \ 

'.        1 

Benjamin  F.  Blodgelt,  . 
Albert  H.  Edgerton, 

W.  Brookfield. 
Sturbridge. 

771 


House  of  Kepresentatives. 

COUNTY  OF  WORCESTER  — Continued. 


Town  or  Ward. 


Name  of  Representative. 


rth      5  Spencer,    . 
'  j  I  Leicester,  . 

I  (Charlton,  . 
7th,   :  }  Dudley,     . 
(^Southbridge, 


8th, 


9th, 


10th, 


11th, 


12th, 


13th, 


14th, 


C  Webster,  . 
)  Oxford,  . 
(^Auburn,    . 

CDon;^las,  . 
)  Millbury,  . 
Q  Sutton, 

(  Uxbrldofe, 
<  Northbridge, 
(^  Upton, 

fBlackstone, 
!  Mendon,  . 
]  iMilford,  . 
l^  Hopedale, 

f  Westborough, 
I  Xorthborougli, 
I  South  borough, 
I  Berlin, 
1  Shrew  sbur}-, 
^^Graiton,    . 

fBovlston,  . 
I  Bolton, 
I  West  Boylstou, 
<;  Clinton,  . 
Harvard,  . 
I  Lancaster, 
1^  Sterling,    . 

^  Leominster, 
J  Lunenburg, 


loth,   !     Fitchburg,  Wards  1-G, 
ICth,        Worcester,  Ward  1, . 
17th,        Worcester,  Ward  2, . 


Lyman  D.  Thurston, 
George  Hammond, 

Frederick  A.  Brown, 

Henry  F.  Rice, 

Benjamin  A.  Jourdan, 


Charles  W.  Carroll, 
Michael  Tuite, 


Romeo  E.  Allen,     . 
Bowers  C.  llatliaway. 


.     Charles  G.  Bancroft, 
j     Arliiur  IL  Turner, 


>  *James  L.  Harrington, 

5     Clarentino  E  Ferson, 
}  j  John  E.  Kellogg,    . 

.      Alfred  S.  Roe, 
.    '  William  P.  Searls, 


Leicester. 


Charlton. 


Webster. 


Sutton. 


Upton. 


:\rilford. 
Blackstone. 


Shrewsbury. 
Westboroutjh. 


Clinton, 
Harvard. 


Lunenburg. 

Fitclilmrg. 
Fitchburg. 

Worcester. 
Worcester. 


*  Elected  April  2;  qualilied  Ainil  11;  in  place  of  Gilbert  Cook,  deceased. 


House  of  Representatives. 

COUNTY  OF  WORCESTER— Concluded. 


775 


District. 

Town  or  Ward. 

Name  of  Kepresentative. 

Kesidence, 

18th, 

Worcester,  Ward  3,     . 

Eugene  M.  Moriarty,     . 

Worcester. 

19th, 

Worcester,  Ward  4,     . 

James  H.  Mellen,  . 

Worcester. 

20th, 

Worcester,  Ward  5,     . 

James  F.  Melaven, 

Worcester. 

21st, 

W^orcestcr,  Ward  6,     . 

*Ellery  B.  Crane,     . 

Worcester. 

22d, 

Worcester,  Ward  7,    . 

Joseph  B.  Knox,    . 

Worcester. 

23d, 

Worcester,  Ward  8,     . 

George  H.  Mellen, 

Worcester. 

COUNTY  OF  HAMPSHIRE. 


1st, 

f  Northampton,  Wa 
<?  Easthamptc)n,    . 
(^Southampton,    . 

'Chesterfield,      . 
Curamington,    . 
Goshen,     . 

•dsl-7,^ 

Richard  W.  Trwin, . 
Homer  0.  Strong,  . 

Noi'thampton, 
Southampton. 

2d, 

Huntington, 
'  Middlefield,       . 

Plainiield, 

Westhampton,  . 
1^  Worthington,    . 

1 
1 

William  G.  Kimball,      . 

Huntington. 

3d, 

f  Hatfield,    . 
Hadley,     . 
1  South  Hadley,  . 
[  Williamsburg,  . 

•         1 

1 

1 

Henry  E.  Gay  lord, 

South  Hadley. 

4th, 

^Amherst,  . 

<  Belchertown,    . 

(Gran  by,     . 

. } 

Charles  E.  Wakefield,    . 

Amherst. 

5th, 

^Enfield,     . 

Greenwich, 
■  Pelham,     . 

Prescott,    . 
^Ware, 

•     > 

Frank  M.  Sibley,    . 

Ware. 

*  Elected  February  19;   qizalified  February  28;   in  place  of  Henry  Y.  Simpson,  member 
elect,  deceased  Dec.  31,  1894. 


77G 


House  of  Representatives. 

COUNTY  OF   1IA:\IPI)EX. 


Town  or  Ward. 


Kame  of  Representative. 


1st, 


2d, 

3(1, 

4th, 

5th, 

6th, 

7th, 
8th, 


9th, 


10th, 


Chestei",  . 
BluncHord, 
Tolland,  . 
Granville, . 
Souflnviok, 
Agawuni,  . 

Montgomery, 
Russell,     . 
Westfield, 
West  Sijringfield, 


Ilolyoke,  "Wards  5,  G,  7,  . 
Hoi  yoke.  Wards  1, 2, 3,  4, . 
Chicopce,  Wards  1-7, 

Springfield,  Wards  1,4,8, 

Springfield  Ward  5,  . 

Springfield,  Wards   2,  3, 
0,  7,        . 


C  East  Longmeadow, 
I  Lnngnieadow,    . 
J  Ilanipdcii. 
j  Wilbnihani, 
I  Monson,     . 
(^  Wales, 

fLiidloAv,     . 
J  Palm  IT, 
]  Hrimlield,. 
1^  Holland,    . 


Silas  B.  Root, 


ITenry  C  P»liss, 
William  H.  Foote, . 


Dwight  II.  Ives, 

John  F.  Sheehan,  . 

Alexander  Grant,  . 

Lyman  IT.  Perkins, 
*George  W.  Turner, 

Charles  L.  Young, 

Benjamin  C.  Harvey, 
Stejjhen  C.  Warriner, 


J.  IMarshall  Burt,  . 


1 

J>    Horace  E,  ^^  allis, 
I 

J 


Granville. 


W.  Springfield. 
Westfield. 


Ilolyoke. 

Ilolyoke. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 
S^jringfield. 


E.Lonofmeadow, 


Holland. 


COUNTY  OF   FRANKLIX. 


■  Green  fi  fid, 
1st,  !  <^  Slielburnc, 
Bernard^to^, 


Slu'lburne, 


*  Elected  Fehniary  19;  qualified  February  27  ;  in  place  of  Joseph  L.  Shipley,  member  elect, 
deceased  Dec.  17, 1894. 


House  of  RErEESENTATiVES. 

COUNTY  OF  FRANKLTX  — CoN-CLUDED. 


777 


Town  or  Ward. 


Name  of  Representative. 


2d, 


3d, 


4th, 


5th, 


(  Warwick, . 
I  Orange,     . 
<J  New  Salem, 
I  Ervinof, 
j^  Shutesbury, 

f  Northfield, 
;  (iill,  . 


^Montague, 


1^  Wendell, 

( Leverett,   . 
I  Sunderland, 
■{  \Vhately,  . 
I  Deerfioid,  . 
[  Conway,    . 

fAshfield,    . 

BiK'kland, . 

Charlemont, 

Colrain,     . 
<{  Hawley,     . 

Heath, 

Leydon, 

Rowe, 
1^  Monroe,     . 


1 
}  j  Samuel  Hastings, 


Osgood  L.  Leach, 


Luther  W.  Clark, 


Hugo  Mann, 


Warwick. 


Northfield. 


Deerfield. 


Buckland. 


COUNTY  OF   BERKSHIRE. 


1st, 


2d, 


3d, 


(  New  Asliford, 
I  Williamstown, 
•{  North  Adams, 

Florida, 
1^  Clarksburg, 

^  Adams, 
<  Cheshire,  . 
(  Savoy, 

f  Hancock,  . 

Lanesborough, 
I  Lenox, 

Windsor,  . 

Peru, 

Hinsdale,  . 
I  Washington, 
1^  Richmond, 


1| 

I    *Carlton  T.  Phelps, 
I  :  Georofe  B.  Waterman, 


William  S.  Jenks,  . 


Charles  "W.  Goodrich, 


North  Adams. 
North  Adams. 


Adams. 


Hinsdale. 


*  Resigned  June  5. 


778  House  of  Representatives. 

(OrXTY  OF  BERKSHIRE  — Concluded. 


4tli, 


6th, 


Cth, 


7th, 


Town  or  Ward. 


^  Pittsfield,  Wards  1-7, 
I  Dalton, 

C  Stoc'kbridge, 
)  Ece.  . 
(^  Becket, 

(  West  Stockbridge, 

I  Alford,      . 

j  ICgTomont, 

^^  Great  Barrington, 

( iMonterey, . 

j  Otis,  . 

I  Sandi.sfield, 

■(  New  ]\Iarlborough, 

I  .Sheffield,   . 

I  Mt.  Washington, 

l^  Tyringham, 


liame  of  Representallve. 


George  W.  Bailey, 
William  Tolman,   . 


Henry  M.  Smith,    . 


Erwin  F.  Barnes,    . 


Henry  D.  Sisson, 


rittsfield. 
Pittstield. 


Lee. 


W.  Stockbridsre. 


New  Marlboro' 


COUNTY   OF   NORFOLK. 


1st, 

2d, 
3d, 

4  th, 
5tb, 
6th, 

7th, 
8tb, 


Dedham,    . 
Norwood,  . 

Brookline, 

Hyde  Park, 

IMilton, 
Canton, 


Quiney,  Wards  1-6, 
Weymouth, 


^  Braintree, . 
\  Holbrook,.  ■ 

f  Randolph, 
I  Stouglilon, 
{  Avon, 
I  Sharon, 
l^Walpole,  . 

f  Franklin,  . 
I  Foxboroiiiili, 
j  Wrenthain, 
I  Bcllingham, 
I  Medway,  . 
[  Norfolk,    . 


Henry  D.  Iluiaiphrey, 

Charles  H.  Utley,  . 
Charles  F.  Light,   . 

Thomas  E.  Grover, 

'James  II.  Flint, 
Charles  L.  Hammond, 
George  L.  Wentworth, 

Zenas  A.  French,    . 


George  W.  Porter, 
George  Albert  Wales, 


Elbridge  J.  Whitnker, 
William  S.  White,. 


Dedham. 

Brookline. 
Hyde  Park. 

Canton. 

Weymouth. 

Quiney. 

Weymouth. 

Holbrook. 


Avon. 
Stou<rhton. 


Wrentham. 
Foxborouofh. 


*  Resigned  June  5. 


House  of  Representatives. 

COUNTr  OF  NORFOLK  — Concluded. 


<  i' 


District. 

Town  or  Ward. 

Name  of  Representative. 

Kesidence. 

9th, 

fXeedham,  ,         .         ,        '] 
1  Dover,        .         .         .         | 
<!  Medfield,    .        .        .         } 

Wellesley, 
l^Millis,         .         .         .        j 

William  Carter, 

Needliam. 

COUNTY  OF  PLYMOUTH. 


1st, 

Plymouth, 

. 

William  H.  Drew,  . 

Plymouth. 

fMarshfield, 

2d. 

I  Plympton, . 
I  Kino:ston,  . 
l^Duxbury,  . 

(  Seituate, 

*William  H.  Burges, 

Kingston. 

3d, 

!  Norwell,     . 
]  Hanson, 
\_  Pembroke, . 

Albert  F.  Barker,  . 

Hanson. 

4th, 

^Cohasset,   . 
}  Hingham,  . 
(Hull,  . 

] 

Amos  A.  Lawrence, 

Cohasset. 

6th, 

{  Rockland,  . 
I  Hanover,    . 

\ 

Joshua  S.  Cra}', 

Rockland. 

6th, 

^  Whitman,  . 
(  Abington,  , 

\ 

Franklin  Powers  Harlow, 

Whitman. 

7th, 

(  Mattapoisett, 
I  Marion, 
{  Warcham, . 
1  Rochester, . 
l^  Carver, 

1 
> 

Isaiah  P.  Atsatt,     . 

Mattapoisett. 

8th, 

^Middleborough, 
}  Lakeville,  . 
(Halifax,     . 

] 

Samuel  S.  Bourne, 

Middleboro'. 

9th, 

r  Bridcfewater, 
^  East  Brid<re\vat( 
(West  Bridgewa) 

er. 

] 

Francis  Marion  Kingman, 

E.  Bridge  water. 

10th, 

Brockton,  Wards  4,  5 

,6,    . 

George  W.  Penniman,   . 

Brockton. 

11th, 

Brockton,  Wards  2,  3 

, 

Alpheus  M,  Eldredge,    . 

Brockton. 

12th, 

Brockton,  Wards  1,  7 

'        • 

Frederic  W.  Hathaway, 

Brockton. 

*  Deceased  June  5. 


780 


House  of  Representatives, 
county  of  bristol. 


Town  or  Ward. 


Xame  of  Representative. 


1st, 

2d, 

Sd, 

4th, 

5th, 
6th, 
7th, 
8th, 
9  th, 

10th, 


["Attleborough,    . 
J  North  Attleborough, , 
]  Norton, 
(^Seekonk,    . 

r  Mansfield, . 
.?  Kaston, 
QRaynhara,  . 

^  Taunton,  Wards  1-8, 
I  Berkley,     . 

^  Fairhavpn, 
•?  Acushnet,  . 
Q  Freetown,  . 

^  New  Bedford,  "Wards 
^      1,2,3,     . 

^  New  Bedford,  Wards 
^      4,5,6,     . 

^  Westport,  . 
I  Dartmouth, 

$  Fall  River,  Wards  1, 
I      2,3,4,6, 

^  Fall  River,  Wards  5, 

I      7,8,9,     . 

{Dighton,  . 
Somerset,  . 
Svvanzey,  . 
Rehoboth,  . 


Burrill  Porter,  Jr., 
Mark  O.  Wheaton, 


Warren  S.  Leach,  . 

Frederick  E.  Austin, 
T.  Preston  Burt, 
E.  Clarence  Holt,  . 

James  L.  Gillingham, 


Thomas  M.  Denhara, 
Samuel  Ross, 

George  ]\L  Eddy,  . 
Fred  D.  Stanley,     . 

John  A.  Macomber,  2d, 

Thomas  Donahue, . 
Jose|)h  F.  Mooney, 
William  Moran, 

Charles  E.  Mills,  . 
David  F.  Slade,       . 


Henry  O.  Wood, 


N.  Attloboro'. 
Attleboroush. 


Raynham. 

Taunton. 
Taunton. 
Taunton. 

Fairhaven. 


New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

AVestport. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Swanzey. 


1st, 


(  Falmouth,  . 
I  Bourne, 
I  Sandwich,  . 
<j  Mashpee,  . 
I  Barnstable, 
I  Yifrmouth, 
(^Dennis, 


COUNTY   OF   BARNSTABLE. 


Henry  IL  Fisk, 
George  E.  White, 


Dennis. 
Sandwich. 


House  of  Kepresentatives. 

COUNTY  OF  BARNSTABLE  — Concluded. 


'81 


District. 

Town  or  Ward. 

Kame  of  Representative. 

Residence. 

2d, 
3(1, 

f  Harwich,  .         .         .          '] 
J  Chathaii),  ...           I 
1  Brewster,  ...           I 
l^OrleaiLS,    ...         J 

fEastham,  .         .        .         "] 
'  Wei  meet,  .         .         .           [ 
1  Truro,        .         .         .          { 
^^  Proviucetown,  .         .         j 

Theopliilus  B.  Baker,     . 
Heman  S.  Cook,     . 

Harwich. 
Proviucetown. 

COUNTY  OF  DUKES  COUNTY. 


1st, 


'Chilmark,. 
Cottage  City, 
Etl<?art()wn, 

<J  Gay  Head, 
Gosnold,    . 

I  Tisbury,     . 

(^  West  Tisbury, 


Otis  Foss, 


Cottage  City. 


COUNTY  OF  NANTUCKET. 


1st, 


Nantucket, 


.     John  J.  Gardner, 


Nantucket. 


EDWARD  A.  Mclaughlin,  . 

DANIEL  W.  WALDRON,. 
JOHN   G.  B.  ADAMS, 


Clerk. 

Chaplain. 

Sergea7it-at-Arms. 


782 


Judicial  DErARTMENT. 


JUDICIAL  DEPAETMEXT. 


SUPREME    JUDICIAL    COURT. 
CHIEF   JUSTICE. 

WALBRIDGE  A.  FIELD, of  Boston. 

ASSOCIATE  JUSTICES. 

CHARLES  ALLEX, of  Boston. 

OLIVER  WENDELL  HOLMES, of  Boston. 

I\IARrUS   P.  KNOWLTOX, of  Sprinpfield. 

JAMES   ]\L  :\I()RTON, of  Fall  River. 

JOHN  LATHROP,    . of  Boston. 

JAMES  MADISON  BARKER of  Pittsfeld. 


SUPERIOR    COURT, 
CHIEF    JUSTICE. 


ALBERT  MASON, of  Brookline 


ASSOCIATE    JUSTICES. 

CALEB   BLODQETT, 
JOHN   W.   HAMMOND, 
JUSTIN  DEWEY,    . 
EDGAR  J.  SHERMAN, 
JA^H■:S  R.  DUNBAR, 
ROREllT  R.  BLSIIOP, 
DANIEL  W.  BOND, 
HENRY  K.  BRALEY, 
JOHN  HOPKINS,      . 
ELISIIA  BURR  MAYNARD, 
FRANKLIN  G.  FESSENDEN, 
JAMES  B.  RICHARDSON, 
CHARLES  S.  LH.LEY,    . 
HENRY  N.  SHELDON,    . 
FRANCIS  A.  GASKILL,  . 


of  Boston, 
of  Cambridge, 
of  Springjitld. 
of  Laivrence. 
of  Brookline. 
of  Netvtoti. 
of  Northampton, 
of  Fall  Fiiver. 
of  Mill  bury, 
of  Springfield, 
of  Oreenfield. 
of  Boston, 
of  Loivell. 
of  Boston. 
of  Worcester. 


Judicial  Department. 


'83 


JUDGES  OF  PROBATE  AND 

JOIIX  W.  IMcKLM,  Boston,      . 
ROBERT  GRANT,  Boston,       . 
ROLLIN  E.  IIARMOX,  Lynn, 
CHARLES  J.  McINTIRE,  Cambridge,   . 
GEORGE  FIELD  LAWTON,  Lowell,     . 
WILLIAM  T.  FORBES,  Westborough,  , 
WILLIAM  G.  BASSETT,  Northampton, 
WILLIAM  S.  SHURTLEFF,  Springfield, 
CHESTER  C.  CONANT,  Greenfield,       . 
EDWARD  T.  SLOCUM,  Pittsfield,  . 
GEORGE  WHITE,  Newton,     . 
BENJAMIN  W.  HARRIS,  East  Bridgewater, 
^YILLIAM  E.  FULLER,  Taunton,  . 
HIRAM  P.  HARRLMAN,  Wellfleet, 
JOSEPH  T.  PEASE,  Edgartown,     . 
THADDEUS  C.  DEFRIEZ,  Nantucket,    . 


INSOLVENCY. 

.    Suffolk. 


Suffolk. 

Essex. 

Middlesex. 

]\IlDDLESEX, 

wokcester. 

Hampshire. 

Hampden. 

Fkaxklix. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Na>;tucket. 


REGISTERS  OF  PROBATE  AND 

ELIJAH  GEORGE,  Boston,      . 
JEREMIAH  T.  MAHONEY,  Salem, 
SA.MUEL  H.  FOLSOM,  Winchester, 
GEORGE  H.  HARLOW,  Worcester, 
HUBBARD  M.  ABBOTT,  Northampton, 
SAMUEL  B.  SPOONER,  Springfield,      . 
FRANCIS  M.  THOMPSON,  Greenfield,. 
FRED.  R.  SHAW,  Adams, 
JONATHAN  COBB,  Dedham,  . 
JOHN  C.  SULLIVAN,  Middleborough,  . 
ARTHUR  M.  ALGER,  Tamiton,      . 
FREEMAN  H.  LOTIIROP,  Barnstable,  . 
BERIAH  T.  HILLMAN,  Edgartown,      . 
HENRY  RIDDELL,  Nantucket, 


INSOLVENCY. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT  ATTORNEYS. 

OLIVER  STEVENS,  Boston,   . 
FRED  N.  WIER,  Lowell, 
WILLIAM  II.  MOODY,  Haverhill,. 
ROBERT  O.  HARRIS,  East  Bridgewater, 
ANDREW  J.  JENNINGS,  Fall  River,    . 
HERBERT  PARKER,  Lancaster,     . 
CHARLES  L.  GARDNER,  Palmer, 
JOHN  A.  AIKEN,  Greenfield, 


Suffolk. 

Northern. 

Eastern. 

Southeastern. 

Southern. 

Middle. 

Western. 

Northwestern. 


784: 


Judicial  Department. 


SHERIFFS. 

JOTIX  B.  0"BRTEX,  Boston,    . 
SAMl'EL  A.  JOHNSON,  Salem,      . 
IIKNHY  G.  CISIIING,  Lowdl,       . 
ROBEirr  II.  CHAMBERLAIN,  Worcester, 
JAIRUS  E.  CLARK,  Northampton, 
EMBURY  r.  CLARK,  Ilolyoke,      . 
ISAAC  CHENERY,  Montague, 
JOHN  CROSBY,  Pittslie'd,       . 
AUGUSTUS  B.  EXDICOTT,  Dedham,   . 
ALPHEUS  K.  HARMON,  Plymouth,       . 
ANDREW  R.  WRIGHT,  Taunton,. 
JOSRPII  WIIITCOMB,  Provincetown,    . 
JASON  L.  DEXTER,  Edgartown,  . 
JOSIAII  F.  BARRETT,  Nantucket, 


Suffolk. 
Essex. 
Middlesex. 
Worcester. 

IlAMrSIIIKE. 
IlAMrDEN. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

DUKKS. 

Nantucket. 


CLERKS   OF   COURTS. 

HENRY  A.  CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial 

monwealth. 
JOHN  NOBLE,  Boston,  Supreme  Judicial  Court,   . 
JOSEPH  A.  WILLARD,  Boston  Sup.  Ct.,  Civil  Bus  ,  f 
JOHN  P.  MANNING,  Boston  Sup.  Ct ,  dim.  Bus.,  j 
DEAN  PEABODY,  Lynn,         .... 
THEODORE  C.  HURD,  Winchester, 
THEODORE  S.  JOHNSON,  Worcester, . 
WILLIAM  II.  CLAPP,  Northampton,      . 
ROBERT  O.  IMORRTS,  Springfield, 
EDWARD  E.  LYMAN,  Greenfield, 
HENRY  W.  T.\FT,  Pittsfield,. 
ERASTUS  WORTIHNGTON,  Dedham,  . 
EDWARD  E.  HOBART,  Bridgewater,    . 
SIMEON  BORDEN,  Fall  River,       . 
SMITH  K.  HOPKINS,  Barnstable, . 
SAMUEL  KENISTON,  Edgartown, 
JOSIAII  F.  MURPHEY,  Nantucket, 


Court  for  the  Com- 

SUFFOLK. 

Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire^ 

Hampden. 

Franklin. 

Berkshire. 

No  K  FOLK. 

Plymouth. 

BUISTOL. 

Barnstable. 

DUKKS. 

Nantucket. 


Members   of   Congress. 


785 


MEMBERS  OF  THE  FIFTY-EOUETH  CONGRESS. 


[Congressional  Districts  established  by  Chap.  39G,  Acts  of  1891.] 


Senators. 


GEORGE  F.   HOAR, 
HENRY  CABOT   LODGE, 


of  Worcester, 
of  Nahayii. 


Representatives. 

District  I.  — ASHLEY  B.  WRIGHT,    . 

IL  — FREDERICK  H.   GILLETT, 
HI.  — JOSEPH  H.   WALKER,  . 
lY.  — LEWIS  DEWART  APSLEY, 
v.  — WILLIAM   S.   KNOX,      . 
VI— *  WILLIAM   COGSWELL, 
VII.  — WILLIAM  E.   BARRETT, 
YHL  — SAMUEL   W.  McCALL,  . 
IX.  — JOHN  F.   FITZGERALD, 
X.  — HARRISON  H.  ATWOOD, 
XL  — WILLIAM  F.  DRAPER,. 
XIL  — ELIJAH  A.  MORSE, 
XIIL  — JOHN   SIMPKINS,    . 

*  Deceased  May  22,  1895 


of  North  Adams, 
of  Sprmgjield. 
of  Worcester, 
of  Hiulson. 
of  Lawrence, 
of  Salem, 
of  Melrose, 
of  Winchester, 
of  Boston, 
of  Boston, 
of  Hoi')edale. 
of  Canton, 
of  Yarmouth. 


APPENDIX. 


Tlic  following  tables  have  been  prepared  by  Fisher  Ames,  Esq.. 
appointed  to  that  duty  under  Chapter  238  of  the  Acts  of  1882,  which 
directs  the  Governor  to  appoint  some  person  to  prepare  "tables 
showinii;  what  ircncral  statutes  lune  been  atlected  by  sul)sequent 
legislation,  in  such  manner  as  to  furnish  ready  reference  to  all 
chaniics  in  such  statutes." 


TABLES 


WHAT    GENERAL    STATUTES    OF   THE   COMMONWEALTH 

HAVE   BEEN   AFFECTED   BY    SUBSEQUENT 

LEGISLATION. 


cha;n"ges  in  the  "public  statutes." 


Chapter  1.  — Of  the  Jurisdiction  of  the  Commonwealth  and  Places 
ceded  to  the  United  States. 

Sect.  1.  Provision  is  made  for  defining  the  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  113,  154.  And  between 
Massachusetts  and  New  Hampshire.  Res.  1885,  73  ;  1886,  58  ;  1891,  70  ; 
1895,  106. 

Sect.  3.  A  part  of  Gallop's  island  in  Boston  harbor  is  added.  St. 
1889,  27.     And  certain  lands  in  Winthrop.     St.  1891,  81. 

Sect.  4.  Lands  for  the  use  of  the  United  States  fisheries  commission 
added.     St.  1882,  131. 

Chapter  2.  — Of  the  General  Court. 

Legislation  recommended  by  State  boards,  etjc.,  shall  be  reported  to  the 
secretary  of  the  Commonwealth  before  first  Wednesday  in  January.     St. 

1893,  144. 

The  employment  of  legislative  counsel  and  agents  is  regulated  and  pro- 
vision made  for  returns  of  expenses  therefor.  St.  1890,  456;  1891,  223  ; 
1895,  410.     (See  1891,  349  ;  1894,  298.) 

Sect.  5  et  seq.  Manner  of  publishing  notice  and  presenting  petitions 
changed  in  certain  cases.  St.  1885,  24;  1890,  302.  (See  1885,  371; 
1888,  375  §  3.) 

Sects.  15,  16.  Compensation  of  members  changed.  The  issuing  to  or 
acceptance  by  them  of  railroad  tickets  free,  or  at  less  than  usual  rates,  is 
forbidden.     St.  1892,  59.      (See  1884,  319  ;  1886,  352  ;  1894,  359.) 

Sects.  17,  18.  Compensation  of  door-keepers,  messengers,  postmaster 
and  pages   fixed.     St.    1895,    193.      (See    1882,  257;    1887,    116.     Res. 

1894,  86.) 


790  Changes  in  the  [Chaps.  3-5. 

Sf.cts.  21,  22.  Clerks'  salaries  fixed  and  allowance  made  for  clerical 
assistance.     St.  1884,  329,  334;   1888,  1  ;   1.S94,  394.      (See  1882,  257.) 

Sects.  24,  3^  repealed.     St.  1884,  GO. 

Skct.  27.  Number  of  door-keepers,  etc.,  increased.  St.  1882,  257  §  4; 
1895,  11. 

Sect.  32.     See  St.  1892,  124;  1893,  417  §  137. 

Sect.  34.  Additional  holidays.  St.  1882,  49  ;  1887,  263.  Fast  Day 
abolished  and  April  19  made  a  holiday'.     St.  1894,  130. 

Chapter  3.  — Of  the  Statutes. 

A  commission  is  established  to  promote  uniformity  of  legislation  in  the 
United  States.     St.  1891,  405;   1893,  311. 

Sect.  1.  ^Yhen  an  act  is  to  be  voted  on  for  acceptance  by  a  municipal 
or  other  corporation,  a  return  of  the  vote  must  be  made  to  the  secretary  of 
the  Commonwealth.     St.  1883,  100. 

Sect.  3.     Words  "mayor  and  aldermen"  defined.     St.  1882,  164. 

"•Net  indebtedness"  of  towns,  cities  and  districts  defined.  St.  1883, 
127. 

Legal  notices  may  be  published  in  a  periodical  devoted  exclusively  to 
legal  news.     St.  1885,  235. 

"Word  "gaming"  includes  lotteries,  policy,  pool  bu3'ing  or  selling  and 
registering  bets.     St.  1895,  419  §  1. 

Chapter  4.  —  Of  the  Printing  and  Distribution  of  the  Laws  and  Public 

Documents. 

This  chapter  is  revised.  St.  1894,  393;  1895,  96,  238,  251,  290,  363, 
463  §  2.  (See  1882,  6,  158  ;  1883,  55  ;  1.S84,  166  ;  1885,  369  ;  1887,  118  ; 
1888,  23,  85,  122,  186,  191,  256,  383;  1889,  32,  35,  124,  150,  164,  212, 
440;    1890,  50,  97,   126,  273  §  3,  423  §  118;    1891,  76,   191,   193,  292; 

1892,  140  ;  1893,  70,  108,  223, 413, 417  §  204 ;  1894, 200.     Res.  1886,  30  ; 
1891,  60;  1894,20.) 

Provision  is  made  for  publishing  tables  of  changes  in  the  general  statutes. 
St.  1882,  238.  For  reports  of  election  cases.  Res.  1886,  36.  For  reports 
of  capital  cases.  St.  1886,  214.  For  supplements  to  the  Public  Statutes. 
St.  1888,  383  ;  1895,  363.  Histories  of  certain  Massachusetts  soldiers  and 
sailors.     St.  1889,  374;  1891,  235.     Res.  1891,  100;   1892,  67.     (See  St. 

1893,  411,  413.     Res.  1895,  62,  104.) 

Provision  made  for  payment  of  postage  and  express  charges  on  certain 
l)ublic  documents.     St.  1895,  93.      (See  1889,  53  ;  1892,  422.) 

Chapter   5.  —  Of  the    State  House,  the   Sergeant-at-Arnis  and  State 

Library. 

Additional  accommodations  are  provided  for.  St.  1882,  262 ;  1888, 
349 ;  1889,  300,  394  ;  1893,  450  ;  1894, 532.  (See  1892,  404;  1893,  129. 
Res.  1891,  21,  25;  1892,  34,  96.) 

Sects.  4,  6,  9,  10.  The  duties  of  the  serjeant-at-arms  are  revised. 
St.  1884,  14;  1887,  128;  1889,  53;  1890,  456  §  2;  1891,  223;  1894, 
230  §  2,  298;   1895,  11,  284. 


Chaps.  6-8.]  PUBLIC   STATUTES.  791 

He  shall  give  bond  for  faithful  performance  of  duties  and  accounting. 
St.  1895,  284  §  3. 

Clerk  provided  for.  St.  1887,  128.  Salaries  fixed :  Sergeant-at-arms. 
St.  1895,  284  §  2.  (See  1884,  333;  1887,  128.)  Clerk.  St.  1893, 
358.  (See  1887,  128.)  Messenger.  St.  1893,  409.  Certain  expenses 
provided  for.     St.  1894,  314  ;  1895,  10,  365.     (See  Res.  1895,  68.) 

Sect.  12  is  revised.  Contingent  expenses  of  the  council  and  officers  in 
the  State  House  are  omitted.     St.  1887,  128. 

Sect.  15  et  seq.  The  trustees  and  librarian  are  authorized  to  prepare  an 
index  of  current  events.     St.  1892,  140. 

Sect.  17  repealed.  Appointment  of  trustees  and  librarian  regulated  and 
salaries  fixed.     St.  1893,  8Q.     (See  1887,  209;   1892,  287.) 

Sect.  18.  Additional  allowance  made  for  assistance  in  State  library. 
St.  1891,  24.     (See  1882,  29;   1886,  66.) 

Sect.  20.  Appropriationfor  books,  furniture,  etc.,  increased.  St.  1888, 
24.     (See  1882,  196.) 

Chapter  6.  —Of  the  Qualification  and  Registration  of  Voters. 

This  chapter  is  revised.  St.  1893,  417  §§  13-70;  1894,  268,  271,  291  ; 
1895,  27,  61,  207,  220,  489,  502.  (See  1882,  247,  268  ;  1884,  298  ;  1885, 
246,  271  §  6,  345  §  7;  1886,  68,  264;  1887,  249,  329,  432;  1888,  200, 
206;  1889,  69,  196,  337  §  1,  404;  1890,  393,  423  §§  2-65,  208;  1891, 
242,  277,  286,  290,  395  ;  1892,  351 ;  1893,  209,  351 ;  1895,  425.  Amend- 
ments to  constitution,  arts.  3,  32.) 

Chapter  7.  —  Of  the  Manner  of  Conducting  Elections  and  Returning 

Votes. 

This  chapter  is  revised,  and  the  laws  relating  to  elections  codified  and 
consolidated.  St.  1893,  417,  465;  1894,  132,  200,  209,  275,343,504 
1895,  196,  220,  237,  240,  242,  244,  253,  262,  275,  285,  299,  323,  355,  489 
502,  507,  508.  (See  1882,  28,  74,  260;  1883,  42,  100,  229  ;  1884,  299 
1885,  108,  142,  159,  229,  248,  268,  351  ;  1886,  49,  262,  264;  1887,  272 
371  ;  1888,  146,  164,  203,  353,  434,  436,  437,  441  ;  1889,  191,  413  ;  1890 
175,  219,  223,  254,  381,  386,  393,  423;  1891,  10,  31,  74,  155,  238,  256 
264,  269,  270,  278,  305,  314,  328,  329,  336  ;  1892,  51,  115,  124,  190,  224 
279,  316,  332,  368,  405,  406,  416,  431  ;  1893,  39,  87,  146,  177,  209,  304 
307,  308,  349,  351,  376  ;   1894,  248,  385  §  2  ;  1895,  89,  436.) 

Political  committees  and  caucuses  are  regulated.  St.  1895,  489,  502, 
507.      (See  1888,  441  ;  1893,  417  §§  71-74;  i894,  .504.) 

Provision  for  inquests  in  election  cases.     St.  1895,  355. 

Chapter  8.  —  Of  the  Election  of  Governor  and  other  State  OflBcers. 

This  chapter  is  revised.  St.  1893,  417  §§  146,  247.  (See  1884,  299 
§  7  ;  1885,  107  ;  1886,  262  §  5  ;  1890,  423  §§  146-164,  228.) 

New  districts  are  established:  Councillor.  St.  1886,  348.  Senatorial. 
St.  1886,  338.     New  apportionment  of  representatives.     St.  1886,  256. 


792  Changes  in  the  [Chaps.  9-11. 


Chapter  9.  —  Of  the   Election  of  Representatives  in    Congress  and 
Electors  of  President  and  Vice  President. 

This  chapter  is  revised.  St.  1893,  417,  Title  IX.  (See  1888,  382; 
1890,  423  §§  165-187,  228;  1892,  279.) 

New  congressional  districts  established.  St.  1891,  390.  The  requii'e- 
ment  of  residence  in  the  district  is  omitted.     St.  1882,  2o;5. 

Chapter  10.  —  Of  the  Election  of  District  and  County  Officers. 

This  chapter  is  revised.  St.  1893,  417,  Title  IX.  (See  1890,  423 
§§  188-207;   1892,  115;  1893,  39.) 

The  otflce  of  commissioner  of  insolvency  is  abolished.  St.  1895,  100. 
(See  Res.  1894,  87.) 

Chapter  11. —  Of  the  Assessment  of  Taxes. 

Provision  is  made  for  a  State  tax  on  certain  collateral  successions  and 
grants.     St.  1891,  425;  1892,  379;   1893,  432;   1895,  307,  430. 

Polls  and  estates  established  as  a  basis  for  apportionment  of  State  and 
county  taxes.  St.  1895,  90.  (See  1883,  71  ;  1886,  73  ;  1889,  103  ;  1892, 
96.) 

The  rate  of  taxation  is  limited  in  cities.  St.  1885,  312  §  1  ;  1893,  247, 
445.      (See  1885,  178;  1887,  226.) 

Provision  for  assessment  of  property  held  for  water-supply  purposes  in 
another  city  or  town.     St.  1893,  352. 

The  assessors  may  divide  any  ward  in  a  city  into  convenient  assessment 
districts.     St.  1889,  115. 

They  shall  print  and  distribute  in  cities  and  certain  towns,  and  post  in 
other  towns,  lists  of  voters  ami  polls.  St.  1893,  417  §  18.  (See  1884, 
298  §  19;  1888,  206;  1890,  305,  423  §§  25,  20;  1891,  277;  1892,  351 
§§  7-10.) 

Sect.  1.     As  to  poll  taxes  on  females,  see  St.  1893,  417  §§  14,  16. 

Sect.  4.  "  Or  indebtedness  "  substituted  for  "  due  "  in  sixth  line.  St. 
1882,  70.  But  see  St.  1888,  363.  AYords  "this  proviso  shall  apply  to 
corporations  mentioned  in  Pub.  St.,  ch.  13  §  46,"  added.     St.  1887,  228. 

Railroad  bonds  are  made  taxable.     St.  1888,  363. 

Personal  property  leased  for  profit  is  made  taxable,  where  situate,  to  the 
owner  or  person  having  possession.     St.  1889,  446. 

Sect.  5,  cl.  3,  is  revised.  Certain  societies  and  associations  are  added. 
St.  1889,  465.     (See  1882,  217  §  2;   1886,  231  ;  1888,  158.) 

Cl.  9.  Certain  real  estate  of  incorporated  horticultural  societies  is  ex- 
empted.    St.  1884,  176. 

Cl.  10.  It  does  not  affect  the  exemption  that  the  property  is  owned  in 
common  with  others.     St.  1885,  109. 

Cl.  11.  Domestic  fowls  to  the  value  of  fifteen  dollars  exempted.  St. 
1894,  220. 

Cl.  12.  See  St.  1884,  298  §  7.  Property  of  certain  disabled  soldiers 
and  sailors  exempted  to  the  amount  of  §2,000.  St.  1895,  202.  (See 
1894,  315.) 

Sect.  6.     See  St.  1883,  189. 


Chap.  11.]  PuBLIC    STATUTES  793 

Sect.  10.  The  provisions  of  this  section  are  extended.  St.  1893,  149. 
(See  1887,  373;  1889,  286;  1891,  116.) 

Sect.  13.  The  person  appearing  as  the  owner  of  record  is  to  be  held  to 
be  the  true  owner  even  though  deceased.     St.  1889,  84. 

Sect.  14  amended.  "  Taxable  real  estate,"  in  first  line,  changed  to 
"  real  estate  not  exempt  from  taxation  under  section  five  of  this  chapter." 
St.  1882,  175  §  3. 

Sects.   14-16.     See  St.  1888,  390  §§  32-34  ;  1889,  334. 

Sect.  20.  Provision  made  for  assessment  of  personal  property  held  by 
an  assignee  in  insolvency,  or  for  creditors  ;  and  of  personal  property  lield 
by  joint  owners  or  tenants  in  common,  other  than  partners.    St.  1882,  165. 

Royalty-paying  machines  are  assessable.  St.  1887,  125.  Personal 
property  leased  for  profit  shall  be  assessed  where  situated.     St.  1889,  446. 

CI.  2.  An  act  to  prevent  the  double  taxation  of  certain  machinery.  St. 
1894,  304. 

CI.  5.     Amended  to  prevent  double  taxation.     St.  1894,  490. 

CI.  6.     See  St.  1888,  390  §  26. 

CI.  7.     See  St.  1891,  425. 

Sect.  31  et  seq.     See  St.  1885,  312  ;   1893,  247,  445. 

Sect.  34.     See  St.  1882,  133. 

Sect.  38.  Returns  of  mortgages  of  real  CvState  provided  for.  St.  1882, 
175.  And  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes,  St.  1882,217;  1888,323.  Uniform  form  of  returns  provided 
for.     St.  1894,  294. 

Sect.  38  et  seq.  See  St.  1884,  298  §§  11-14;  1888,  200,  206;  1890, 
423  §  17;  1893,  352,  417  §§  16-21. 

Sects.  38,  72.     See  Res.  1892,  55. 

Sect.  39  amended.     St.  1891,  381. 

Sects.  43,  52,  53.     Classification  changed.     St.  1894,  242. 

Sect.  44.     Provision  for  abatement  without  a  new  list.     St.  1894,  354. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.  St.  1887,  226.  (See  1885,  312  ;  1887,  281  ;  1888,  362 ; 
1893,  247,  445.) 

Sect.  50.  Provision  for  free  access  to  lists  of  valuation  and  assessment. 
St.  1888,  307. 

Sects.  52-55  are  amended  and  changes  made  in  returns.  St.  1883, 
41,91;  1890,  242;  1891,  65.  (See  1885,  106;  1886,  56;  1887,  86. 
Amendments  to  constitution,  art.  32.)      As  to  Boston,  see  St.  1894,  318. 

Sect.  61.  Assessors  shall  certify  amount  assessed  upon  each  poll  as 
State  and  county  tax  respectively.     St.  1889,  467  §  1. 

Sect.  69.  Tenants  vrnder  obligation  to  pay  taxes  may  applv  for  abate- 
ment.    St.  1888,  315.     (See  1890,  127.) 

Sects.  69-76.  Appeal  may  be  made  to  superior  court.  Proceedings 
reiiulated.     St.  1890,  127;  1895,  75.      (See  1882,  218;  1893,  352  §  3.) 

Sect.  73.     See  St.  1884,  298  §  11  ;  1888,  200;   1890,  423  ;  1893,  417. 

Sect.  75.     Interest  allowed  on  taxes  abated.     St.  1894,  207. 

Sect.  77.     See  St.  1885,  67,  161. 

Sect.  78  is  revised.     St.  1888,  362.     (See  1886,  85.) 

Sect.  90.  Assessors  must  send  to  tax  commissioner  all  lists  and  state- 
ments received  of  exempt  property.     St.  1882,  217  §  3. 


794  Changes  in  the  [Chaps.  12,13. 

Skct.  01.  Amount  of  sinkino;  funds  or  proportionate  annual  payments 
of  debts  must  be  aiven.     St.  1882,  133  §  2. 

Sect.  92.     As  to  Boston,  see  St.  1882,  252  §  5;   1892,  419  §  138. 

Sect.  93.  Apportionment  of  State  and  county  taxes  is  to  be  stated  on 
tax  bills  of  males  assessed  for  poll  tax  only,  and  they  are  not  entitled  to  a 
certificate  under  this  section.     St.  1889,  467  §  2.      (See  1884,  298  §  8.) 

Sects.  96,  97.  For  apportionments,  see  St.  1883,  71 ;  1886,  73  ;  1889, 
103  ;  1892,  96  ;  1895,  90. 


Chapter  12.  — Of  the  Collection  of  Taxes. 

This  chapter  is  repealed,  and  the  law  as  to  the  collection  of  taxes  re^nsed 
and  codified.  St.  1888,  390;  1889,  253,  334;  1890,  331;  1891,  288; 
1892,  109,  168,  370  ;  1893,  241 ;  1894,  537.  (See  1882,  243  ;  1883,  101  ; 
1884,  162,  242;  1886,  320;   1887,  110,  142.) 

The  service  of  process  in  the  collection  of  taxes  is  regulated.  St.  1892, 
168.  Provision  made  for  preservation  of  accounts,  papers  and  records 
relating  to  assessment  and  collection  of  taxes.     St.  1892,  370. 

State  treasurer  may  sue  to  recover  the  State  legacy  and  succession  tax. 
St.  1891,  425  §  18. 

Provision  to  prevent  excessive  charges  in  redemption  of  tax  titles.  St. 
1891,  288. 

Chapter  13.— Of  the  Taxation  of  Corporations. 

Office  of  deputy  tax  commissioner  abolished  and  that  of  tax  commissioner 
and  commissioner  of  corporations  established ;  duties  defined  and  salarv 
fixed.  St.  1890,  160;  1891,  233  §  2,  360;  1894,  484.  (See  1882,  217 
§  3,  252  §  5 ;  1887,  214  §  94,  342  §  1 ;   1890,  127  §  7.) 

Sect.  2.  Salaries  of  clerks  fixed  and  allowance  made  for  clerical  assist- 
ance.    St.  1887,  342  §  2  ;  1891,  342. 

Sect.  6.     See  St.  1882,  217  §  3,  252  §  5. 

Sects.  8,  9.  Provision  made  for  counsel  to  defend  suits  to  recover  a 
national  bank  tax  paid  to  a  city  or  town.  St.  1886,  332.  (See  1887,  142 
§  3;   1888,  390  §  95.) 

Sects.  17,  40.  Title  insurance  companies  are  to  be  taxed  under  these 
sections.     St.  1884,  180  §  5;   1887,  214  §§  62-64. 

Sect.  20.  The  exemption  is  extended.  (See  ch.  116  §  20,  cl.  8.)  St. 
1883,  248.     (See  1886,  77.) 

Sects.  20,  22.  Provision  for  repavment  of  tax  on  real  estate  used  for 
banking  purposes.     St.  1890,  406  ;   1891,  171. 

Sect.  24  is  repealed.  The  capital  stock,  franchises  and  personal  estate, 
but  not  the  real  estate,  of  co-operative  banks  are  exempted.  St.  1890,  63. 
(See  1883,  98;  1885,  121  §  3.) 

Sect.  25  et  seq.  The  provisions  as  to  the  taxation  of  insurance  com- 
panies are  revised,  and  §§  26,  34,  37  are  amended.  St.  1887,  283;  1888, 
154;   1890,  197;  1892,  129.      (See  1887,  214  §§  19,  64.) 

Sect.  33  amended.  "When  reinsurance  is  effected  otherwise  than  Ity 
licensed  resident  agent  no  deduction  is  to  be  made  for  sums  paid  therefor. 
St.  1888,  154.     (See  1887,  214  ;  1890,  197  ;  1892,  129.) 


Chaps.  14,15]  PuBLiC    STATUTES.  795 

Sects.  38-40.  Telephone  companies  are  to  be  taxed  nnder  these  sec- 
tions.    St.  1885,  238  ;   1886,  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  Taxation  of  safe  deposit,  loan  and 
trust  companies  regulated.     St.  1888,  413  §§  21-24. 

Sect.  43.  Taxation  of  foreign  niinins,  qnarrying,  land  and  oil  com- 
panies regulated.  St.  1882,  106 ;  1883,  ^74  ;  1884,  330  §  3  ;  1886,  230. 
(See  1891,  341.) 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  tlie  proviso 
of  ch.  11  §  4,  as  to  local  taxation.  St.  1887,  228.  Rate  of  taxation  fixed. 
St.  1895,  300. 

■    Sects.  61,  62.     Appeal  from  assessors  ma}^  be  made  to  superior  court. 
Proceedings  regulated.     St.  1890,  127. 

Chapter  14.  —  Of  the  Militia. 

This  chapter  is  revised.  St.  1893,  367,  439;  1894,  236;  1895,  465. 
(See  1882,  97,  154  §  11,  178,  179  ;  1884,  45,  230;  1885,  147,  236;  bS86, 
63,  105,  237;  1887,  411;  1888,  366,  384;  1889,  360;  1890,  425;  1891, 
232;  1892,  238,  366;   1893,  193,  231.     Res.  1882,  15;   1890,  67.) 

A  naval  brigade  is  established.  St.  1892,  366  ;  1893,  367  §  29  ;  1894, 
312.  (See  1888,366.)  And  a  nautical  training  school.  St.  1891,402; 
1893,  124. 

Provision  made  for  armories  in  cities.  St.  1888,  384;  1894,  211.  (See 
1893,  367  §§  92-97;   1895,  465  §  5.) 

The  law  defining  what  bodies  of  men  may  parade  with  arms  is  revised. 
St.  1895,  465  §  6.  (See  1887,  411  §  124;  1890,  425  §  10;  1893,  367 
§  124.     Res.  1890,  67.) 

Ambnlance  corps  reorganized.      St.  1894,  236. 

Provision  is  made  for  appointment  of  a  vState  military  and  naval  his- 
torian. St.  1889,  374;  1891,  235.  And  for  a  compilation  of  records  of 
the  revolutionary  war.  Res.  1891,  100.  And  of  the  grand  army  of  the 
republic.     St.  1893,  411.      (See  St.  1893,  413.) 

Chapter  15.  — Of  the  Executive   Department    and  the    Secretary  of 

the  Coramonwealth. 

Provision  for  delegates  to  certain  national  conventions.     St.   1894,  376. 

Sects.  1-10.  Salaries  fixed:  Governor;  St.  1892,  101.  (See  1884, 
328;  1892,  59.)  Governor's  private  secretary  and  executive  clerk;  St. 
1891,411.  (See  1884,  8;  1885,77;  1887,  83.)  Executive  messenger; 
1891,429.  (See  1884,38;  1887,  221.)  Stenographer;  1892,  16.  Secre- 
tary of  the  Commonwealth  ;  1888,  385.  (See  1884,  79.)  First  and  second 
clerks;  1891,410.  (See  1885,  87;  1886,238.)  Third  clerk ;  1.S93,  103. 
(See  1883,  48  ;  1887,  26.)  Allowance  for  messenger  and  clerk  hire  ;  1890, 
239;   1893,  112;   1895,  402.      (See  1884,  15;   1889,  101;   1890,  455.) 

The  secretary  is  required  to  give  bond  and  make  annual  reports.  St. 
1892,  262;   1893, 148. 

Sect.  9.  Additional  duties  of  the  secretary  :  As  to  elections.  St.  1893, 
417;  1895,  242.  (See  1888,436  §§  13,  14;  1890,  223  §  3,  423  §  118; 
1891,  328,  329;  1892,  124,  416  §  18.)  As  to  returns  of  medical  exam- 
iners.    St.   1885,  379  §§  4-6.     Department  records.     St.  1883,  99.     Res. 


796  Changes  in  the  [Chap.  le. 

1884,  60.  St.  1885,  337  ;  1894,  378.  (See  Res.  1803,  .30,  32.)  Reports 
recommending  legislation.  St.  1893,  144.  State  printing.  St.  1893,  287. 
Care  of  Commonwealth  building.  St.  1884,  14.  Sale  of  railroad  equip- 
ments, etc.    St.  1894,  326  §  2.     (See  1893,  413.) 

Sect.  12.  Form  and  device  of  the  great  seal  established,  St.  1885, 
288. 

Sect.  15  is  repealed.  Blank  forms  for  returns  are  to  be  furnished  by 
the  commissioners  of  prisons.     St.  1882,  226. 

Chapter  16.  — Of  the  Auditor,  Treasurer  and  Matters  of  Finance.  ' 

The  par  of  exchange  established  by  U.  S.  Rev.  St.  §  3565  is  adopted. 
St.  1882,  110. 

Duties  of  auditor  extended.  St.  1882,  22;  1883,  258,  264;  1884,  179, 
207,  255  §  30;  1885,  4J,  313,  371  §  2,  385;  1886,300;  1887,87;  1891, 
384;  1893,  287,  417  §  123. 

Provision  made  for  auditing  accounts  of  county  officers,  officers  of  infe- 
rior courts  and  trial  justices,  and  for  returns  and  pa3'ments  bv  them.  St. 
1887,  438;  1888,  275;  1890,  216,  306,  380  §  3;  1893,  257^  270;  1894, 
183,  248.      (See  1886,  169;   1890,  204,  215.) 

Provision  made  for  an  agent  to  prosecute  claims  of  the  Commonwealth 
against  the  United  States.     Res.  1883,  45. 

Claims  under  St.  1862,  62  ;  1863,  254,  to  be  filed  with  the  auditor. 
St.  1882,  112.      (See  1894,  67.) 

Sect.  2.  Salaried  fixed:  Auditor;  St.  1889,  70.  (See  1885,  195.) 
Clerks;  St.  1891,  375.  Expert  in  prhiting  ;  St.  1893,  287.  (See  1885, 
195  ;  1887,  30  ;  1888,  4^2.)     Clerical  assistance.     St.  1894,  397. 

Sect.  7.     Time  for  auditor's  report  changed.     St.  1884,  207. 

Sect.  17.  Clerks  and  clerical  assistance  provided  for,  and  salaries  of 
treasurer  and  clerks  fixed.  St.  1883,  164;  1885,  263;  1886,  38,  334; 
1889,349;  1891,233;  1893,432;  1895,276,392.  (See  1882,  111 ;  1885, 
15  ;   1891,  310.)     Olfice  hours  regulated.     St.  1886,  257. 

Provisions  in  regard  to  trust  deposits.  St.  1891,  233;  1893,  224. 
(See  1887,  214  §  94^ 

Sect.  18  superseded.     St.  1890,  160. 

Sects.  19,  26,  60.  Provision  for  uianaffement  of  surplus  accumulations 
of  sinking  funds.  St.  1891,  259.  (See  f893,  424.)  Certain  moneys  are 
to  be  paicl  into  the  school  fund.     St.  1890,  335. 

Treasurer  mav  receive  from  the  United  States,  and  pav  over,  sums  for 
the  soldiers'  home.     St.  1890,  373.     (See  1889,  282.) 

Sect.  26.  Annual  financial  estimates  are  to  be  made  to  the  auditor. 
St.  1885,  41. 

Sect.  28.  Advances  for  small  expenses  and  method  of  accounting 
therefor  provided  for.  St.  1884,  179;  1887,  269  §  5,  438;  1888,  180, 
322;  1890,  .58;  1891,  54;  1894,  245,  314;  1895,  10.  Advancements  on 
account  of  salaries  authorized.     St.  1895,  34. 

Certain  unclaimed  funds  shall  be  paid  to  the  treasurer.     St.  1890,  330. 

Sect.  42  rei)ealed,  and  power  of  committees  to  cause  hearings  to  be 
advertised  limited.     St.  1885,  371.     (See  1885,  24.) 


Chaps.  17-19.]  PuBLIC   STATUTES.  797 

Sect.  52.  Payments  of  money  from  sales  of  public  property  regulated. 
St.  1884,  326. 

Sect.  53.  Suits  for  collateral  legacy  and  succession  tax  are  to  be  brought 
by  the  treasurer.     St.  1891,  425  §  18.     (See  1892,  379  ;   1893,  432.) 

Sect.  55  extended  to  trust  and  safe  deposit  companies  approved  by  the 
governor  and  council.     St.  1891,  310. 

Sect.  60.     Additional  investments  are  allowed.     St.  1882,  130. 

Sects.  72,  73  repealed.  St.  1887,  438  §  8.  (See  1886,  169  ;  1888,  275  ; 
1890,  216,  306,  380;  1893,  270.) 

Chapter  17.  — Of  the  Attorney- General  and  the  District  Attorneys. 

vSects.  1,2.  A  second  assistant  allowed.  St.  1888,  425.  (See  1886, 
216.) 

Salaries  fixed.     St.  1889,  402.      (See  1886,  216.) 

Sect.  3.  Attornev-general  shall  appear  in  capital  cases  when  the  public 
interests  require  it.    "St.  1891,  379  §  10;  1893,  324. 

Sect.  8  extended.     St.  1892,  159;   1894,  127;   1895,  373. 

Sect.  9 .  Attorney-general  may  cause  reports  of  capital  cases  to  be  pub- 
lished.    St.  1886,  214.      (See  1890,  374;   1895,  372.) 

Sect.  10.     Allowance  for  contingent  expenses  increased.     St.  1890,  388. 

Sects.  13-15.  Salaries  fixed  and  assistants  allowed  :  Eastern  district ; 
St.  1882,  156,  157;  1888,  289.  Middle;  1889,  250.  (See  1885,  168.) 
Assistant;  1888,  157;  1893,  138.  Southern;  1892,  319.  Assistant; 
1893,457.  South-eastern  ;  1-888,  267.  Assistant,  1891,  113  ;  1894,297. 
(See  1887,  267  §  2.)  Suffolk;  1887,  160.  First  assistant;  1892,  233. 
Second  assistant;  1887,  160.  Clerk;  1889,  238.  (See  1882,  245  §  2  ; 
1887,  160.)     Western;   1887,  97. 

Salaries  of  all  assistants  are  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth.    St.  1895,  424. 

Sect.  16.     See  St.  1888,  267  §  2 ;   1891,  113. 

Sect.  19  is  extended.     St.  1893,  345.     (See  1885,  379  §  7.) 

Chapter  18. — Of  Notaries  Public  and  Commissioners  to  administer 
Oaths  of  Ofl&ce  and  to  take  Acknowledgments  of  Deeds,  etc. 

Form  of  acknowledgment  and  execution  of  deeds,  etc.,  established.  St. 
1894,  253;   1895,  460. 

Sect.  1.  Notaries  have  jurisdiction  throughout  and  are  appointed  for 
the  Commonwealth.     St.  1891,  38. 

Women  who  are  attorneys  at  law  may  be  appointed  special  commission- 
ers to  administer  oaths,  take  acknowledgments  and  depositions  and  sum- 
mon witnesses.     St.  1883,  252;   1889,  197.      (See  1882,  139.) 

Sect.  14.  The  oath  may  be  taken  before  a  United  States  minister  or 
consul.     St.  1885,  31. 

Chapter  19.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

The  commissioners  are  authorized  to  remove  wrecks  and  obstructions  in 
tide-waters.     St.  1883,  260.      (See  1887,  98.) 
Sect.   1.     Salaries  fixed.     St.  1893,  298. 


798  Changes  in  the  [Chap.  20. 

Skct.  2.  Custody  of  archives  of  IMaine  lands  transferred  to  the  secre- 
tary of  the  Commonwealth.     St.  1883,  99. 

Skct.  3.  The  commissioners  have  general  care  and  supervision  of  the 
Connecticut  river  and  of  structures  therein.  St.  1885,  344;  1891,  266. 
(See  1882,  274 ;  1883,  183  )  Building  restricted  in  the  river.  St.  1893, 
301. 

They  have  the  same  charge  of  Commonwealth  lands,  not  otherwise  pro- 
vided for,  that  they  have  of  lands  in  tide-waters.  St.  1886,  144.  (See 
1888,  318.) 

Sect.  7.  "Regulations  are  established  for  Gloucester  harbor ;  St.  1885, 
315;  1895,  106.  Harbor  lines  are  established  for  East  Boston;  St.  1882, 
48.  South  bav,  Boston;  1891,  309.  Chelsea;  1887,  344.  Gloucester; 
1882,  103;  1883,  109.  Haverhill;  1883,  104.  (See  St.  1891,  344;  1893, 
435.) 

Sect.  8  et  seq.  The  board  has  supervision  over  great  ponds  and  may 
license  structures  therein.  St.  1888,  318.  (See  1886,  248.)  A  license 
is  required  to  dam  a  navigable  stream  or  outlet  of  a  great  pond  for  cran- 
berry culture.     St.  1892,  55. 

Sects.  8,  10,  11,  12,  apply  to  the  Connecticut  river.  St.  1885,  344  §§  2, 
3;  1891,  266. 

Sects.  10-13,  16  apply  to  great  ponds.     St.  1888,  318  §  5. 

Chapter  20.  — Of  the  State  Board  of  Agricultxire. 

A  board  of  metropolitan  jtark  comniissiouers  is  established.  St.  1893, 
407  ;   1894,  288. 

An  agricultural  experiment  station  is  established,  and  membership  and 
duties  of  board  of  control  prescribed.  St.  1882,  212;  1883,  105;  1885, 
327;  1887,31,212;  1888,333;  1889,  111;  l<s94,  143;  1895,  57.  (See 
1888,  296;  1895,  421.) 

A  dairy  bureau  is  established,  to  consist  of  three  members  of  the  board 
of  agriculture.     St.  1891,  412;  1892,  139. 

Pro^'isiou  is  made  for  registration  of  pedigrees  of  horses.  St.  1890, 
334.  And  for  jnmishing  false  registration  or  giving  false  pedigrees  of 
horses,  cattle,  etc.     St.  1887,  143  ;"l890,  334. 

The  agricultural  college  may  receive  monevs  aranted  by  the  United 
States.     St.  1889,  111.    "(See  i887,  212.) 

The  trustees  of  the  college  are  allowed  certain  expenses.     St.  1889,  45. 

Provision  is  inade  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189.  And  for  bounties  to  chartered  poultry  associations.  St. 
1895,  351. 

♦Sect.   1.     ^Membership  of  board  changed.     St.  1894,  144. 

Sect.  4.  Assistant  secretary  provided  for.  St.  1891,  412  §  6.  Sal- 
aries fixed;  Secretary;  St.  1.S83,  184.  Assistant;  St.  1891,  412  §  6. 
Clerks;  St.  1891,  300;   1892,  143;   1893,  130.      (See  1887,  245.) 

Allowance  for  clerical  services  and  for  lectures  increased.     St.  1884,  66. 

Sects.  5,  6.  The  board  is  authorized  to  collect  and  circulate  informa- 
tion about  abandoned  farms.     St.  1891,  280.      (See  Kes.  1893,  46.) 

And  to  takeoneasures  to  exterminate  the  "  gypsy  "  moth.     St.  1891,  210. 


Chaps.  21,  22]  PuBLIC    STATUTES.  799 

(See  1890,  95.     Ees.  1893,  40.)     Provision  is  made  for  exterminatiou  of 
insect  pests  by  cities  and  towns.     St.  1893,  78. 
Sect.  8  amended.     St.  1894,  101. 

Chapter  21.  — General  Provisions  relating  to  State  Officers. 

A  civil  service  commission  is  established  and  appointments  to  service 
reo-ulated.  St.  1884,  320;  1887,  364,  437;  1888,  41,  253,  334;  1889, 
n'Y,  183,351,352,473;  1891,  140;  1893,  95,  253;  1894,  267,  519;  1895, 
501.     (See  1888,  41  ;  1895,  376.     Res.  1892,  34.) 

Certain  officers  shall  not  accept  railroad  tickets  at  less  than  nsnal  rates. 
St.  1892,  59. 

Legislation  recommended  by  State  boards  and  commissions  shall  be  re- 
ported to  the  secretar}^  of  the  Commonwealtli  before  the  first  Wednesday 
in  Jannary.     St.  1893,  144. 

Provision  made  for  appointment  of  a  State  military  and  naval  historian. 
St.  1889,  374;  1891,  235.  And  for  a  compilation  of  records  of  State 
soldier's  and  sailors  in  the  revolntionary  war.  Res.  1891,  100.  And  of  the 
grand  army  of  the  republic.  St.  1893,  411.  (See  St.  1893,  413.  Res. 
1893,  49.) 

Standard  record  inks  required.     St.  1894,  378. 

Sect.  1.  Tenure  of  office  of  officers  appointed  by  governor  and  council 
regulated.     St.  1887,  364. 

Sect.  7.  Official  bonds  must  be  examined  yearlv,  and,  if  insufficient, 
renewed.     St.  1885,  32  ;   1893,  257. 

Sect.  10.  Treasurer's  office  hours  regulated.  St.  1886,  257.  Advance- 
ments on  account  of  salaries  authorized.     St.  1895,  34. 

Chapter  22.  —  Of  Coimties  and  County  Commissioners. 

Sect.  1.  Muskeget  and  Gravellv  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  13.  When  their  clerk  is  absent,  the  commissioners  shall  appoint 
one  of  their  number  clerk  j^ro  tevijxjre.     St.  1890,  198. 

Sect.  14.  Compensation  fixed  :  Barnstable;  St.  1893,  276.  Berkshire; 
St.  1890,  133.  Bristol;  1893,  291.  (See  1886,  251 ;  1889,  339.)  Essex; 
1892,3.54.  (See  1885,  277.)  Franklin  ;  1888,  65.  Hampden  ;  1889,  30. 
Hampshire;  1887,  211.  Middlesex  ;  1889,  303.  (See  1885,  277.)  Nor- 
folk; 1892,  399.  (See  1885,  277;  1891,  80.)  Plvraouth ;  1892,  298. 
(See    1886,  251.)     Worcester;    1893,  288.     (See  1886,  251;   1891,  79; 

1892,  59;    1893,  275   §    1.)     Transportation  expenses  are   allowed.     St. 

1893,  273. 

Special  commissioners.     St.  1894,  250  ;   1895,112. 

Sect.  15.     Meetings  changed  in  Berkshire.     St.  1883,  63. 

Sect.  17.  Certain  formal  proceedings  are  authorized,  notwithstanding 
disqualification.     St.  1893,  238. 

Sect.  18  repealed.     St.  1893,  275  §  2. 

Sect.  19.  Oaths  of  treasurers  and  registers  of  deeds  are  to  be  recorded. 
St.  1890,  308. 

Sect.  20.  Commissioners  mav  examine  reservoirs  and  dams,  and  pro- 
ceed under  P.  S.,  ch.  190  §§  53-58.     St.  1891,  315. 


800  Changes  in  the  [Chaps.  23, 24. 

Provision  made  for  certain  expenses  of  inferior  courts  and  justices. 
St.  1890,  440  §  11 ;  1891,  70,  325  ;  1893,  396  §  1.  And  for  rearranging, 
indexing  and  recording  certain  records  and  dockets  when  Avorn,  mutilated 
or  indistinct.     St.  1891,  225;   1892,  253. 

Orders  drawn  on  county  treasurers  must  be  recorded,  certified  and  ac- 
companied by  original  vouchers.     St.  1890,  206. 

Proposals  for  county  loans  must  be  advertised  for.  St.  1895,  111.  (See 
1895,  143.) 

Sect.  26  is  limited  to  regular  commissioners  and  made  applicable  to 
issuing  orders  of  notice.     St.  1885,  91. 

Chapter  23.  — Of  County  Treasurers  and  County  Finances. 

Sect.   1.     Record  shall  be  made  of  oath  of  treasurer.     St.  1890,  308. 

Sect.  2.  Salaries  tixed :  Berkshire;  St.  1889,  5S.  Bristol;  1889,  16. 
Essex;  1886,  133.  Hampden;  1884,  112.  Hampshire;  1887,  159.  Mid- 
dlesex; 1887,  57.  Norfolk;  1892,  295.  (See  1890,  143.)  Plymouth; 
1889,  260.     Worcester  :  1886,  132. 

Allowance  for  clerical  assistance  :  Bristol;  St.  1892,  144.  Essex;  1889, 
310.  Middlesex;  1889,  85.  Norfolk;  1895,  133.  Worcester ;  1893,  156  ; 
1895,  113. 

Sect.  6  et  seq.  County  expenditures  must  be  annually  authorized  by 
law.  St.  1895,  482.  Orders  drawn  by  county  commissioners  must  be  re- 
corded, certified  and  accompanied  by  original  vouchers.  St.  1890,  206. 
Provision  is  made  for  invoice  books  of  supplies  for  county  institutions. 
St.  1890,  296.  Proposals  for  county  loans  must  be  advertised  for.  St. 
1895,  111.     (See  1895,  143.) 

Sfxts.  11,  20,  30.  Yearly  reports  of  prison  receipts  and  expenses  pro- 
vided for.     St.  1891,  187  ;  1892,  430. 

Sect.  22  is  revised.     St.  1895,  143. 

Sect.  28.  Treasurer's  accounts  and  returns  regulated.  St.  1890,  141, 
380.      (See  1887,  438  ;  1888,  275  ;   1895,  482.) 

Sect.  30.     See  St.  1891,  187;   1892,  430. 

Sect.  32  repealed.     St.  1890,  380  §  2. 

Sects.  36-39  repealed.  Controller  of  county  accounts  established.  St. 
1887,438;  1888,275;  1890,216,380;  1893,257,270;  1894,183;  1895, 
143.  (See  1886,  169;  1890,  204;  1894,  248.)  And  deputies.  St.  1890, 
306;  1895,  175 

Chapter  24.  —  Of  Registers  of  Deeds. 
Salaries  are  established  for  registers  and  assistant  registers.     The  fees 
are  to  be  paid  to  the  county.     St.  1895,  493.     (See  1887,  438.) 
Standard  record  inks  are  required.     St.  1894,  378. 

New  registry  established  in  Bristol.     St.  1891,  234. 
And  inVorcester.     St.  1884,  40. 

Record  shall  be  made  of  oath  of  registers.     St.  1890,  308. 
Women  may  be  assistant  registers.     St.  1885,  7. 
Requirement  of  residence  in  place  of  registry'  repealed.     St. 
1892,  121. 


Sect. 

2. 

Sect. 

5. 

Sect. 

6. 

Sect. 

9. 

Sect. 

12. 

Chaps.  25-27  ]  PUBLIC    STATUTES.  801 

Sects.  13-2G.  Provision  for  re-recording  worn  or  indistinct  records. 
St.  181)2,  253. 

Sect.  22.  Indexes,  except  in  Suffolk,  must  show  towns  in  wliicli  the 
lands  lie.     St.  1885,  29. 

Sect.  29  repealed.     St.  1895,  403  §  6. 

Sects.  30,  31.     See  St.  1893,  148. 

Chapter  25.  —  Of  Sheriffs. 

Sect.   18.     See  St.  1893,  423  §  32. 

Sect.  20  is  extended  to  w^rits  and  processes  in  favor  of  a  sheriff.  St. 
1885,  75. 

Sect.  22.  Salaries  fixed:  Barnstable;  St.  1894,  153.  Berkshire;  St. 
1887,  58.  Essex;  1894,  414.  (See  1887,  164.)  Hampden;  1889,  38. 
Hampshire;  1891,  154.  Middlesex;  1888,  95.  Suffolk;  1888,  228. 
Worcester;  1888,  244. 

In  Dukes  and  Nantucket  fees  are  allowed.     St.  1884,  209  ;  188G,  28. 

Sects.  24,  25.  Sheriffs  mu^st  deposit  public  moneys  beyond  what  are 
required  for  immediate  use.     St.  1890,  215.     (See  St.  1893,  148,  270  §  2.) 

Chapter  26.  — Of  Medical  Examiners. 

Shct.  2.  New  district  made  in  Franklin  county  ;  St.  1894,  321  ;  and  in 
Plymouth;  1886,  74. 

Sect.  6  repealed.     St.  1893,  257. 

Sect.  9  et  seq.  Fees  and  duties  of  examiners  regulated.  St.  1885,  265 
§  4,  379;  1887,  310;  1888,  306  §  2;   1890,  213;   1892,  286. 

Wh^  death  is  supposed  to  be  due  to  violence,  no  embalming  fluid  shall 
be  used  without  a  permit  sitwiied  by  an  examiner.      St.  1892,  152. 

Sects.  12-15.  When  a  fatal  accident  occurs  on  a  railway  a  verbatim 
report  of  evidence  shall  be  made  and  sworn  to  at  expense  of  the  railway 
company.      St.  1888,  365;   1889,154. 

Sects.  14,  25.  Fees  of  witnesses,  etc.,  at  inquests  regulated.  St.  1883, 
61  ;  1885,  379  §  2  ;   1890,  440  §  9.      (See  1888,  180.) 

Sbcts.  20,  24.  Provision  made  for  disposition  of  bodies  and  for  account 
of  expenses.     St.  1887,  310. 

Sect.  25.  Special  justices  of  municipal,  police  and  district  courts,  with 
certain  exceptions,  are  to  have  same  fees  as  trial  justices.  St.  1885,  40. 
The  record  must  state  the  fact  which  gives  them  jurisdifction.    St.  1892,  268. 

Chapter  27.  — Of  Towns  and  Town  Oflacers. 

Deposits  of  town  moneys  regulated.     St.  1893,  266. 

Sects.  2-6.  Provision  for  defmition  and  preservation  of  town  boundary 
lines.     St.  1888,  336. 

Sect.  9.  Towns  may  lease  public  buildings,  except  school-houses,  to 
grand  army  and  veteran  firemen's  associations.  .  St.  1885,  60;  1891,  218. 

May  take  lands  for  public  parks.  St.  1882,  154;  1890,  240;  1893, 
300.  (See  1893,  75,  416.)  And  for  preservaticMi  of  forest  trees  or  pres- 
ervation of  water  supply.  St.  1882,  255.  And  for  purification  and  dis- 
posal of  sewage.     St.  1890,  124.    And  for  public  libraries.    St.  1894,  145. 


802  Changes  in  the  [Chap.  27. 

Mny  provide  by  by-law  for  inakiii<i'  all  drains  and  sewers  main  drains 
and  counnon  sewers.      St.  18!»o,  227. 

May  lay  out,  alter  and  widen  hiiiinvnvs  and  county  bridges.  St.  1891, 
170. 

May  adopt  act  providing  for  exterminatiou  of  insect  pests.     St.  1893,  78. 

May  establish  and  maintain  public  play-grounds.  St.  1893,  225.  Cer- 
tain towns  may  lease  open  spaces  for  plaj'-grounds.  St.  1893,  331.  (See 
1893,  300,  416.) 

May  regulate  width  of  tires  on  yehielos  owned  in  the  town.  St.  1895, 
296. 

May  give  the  imj)royenient  of  public  grounds  to  corporations  organized 
for  the  pin-pose.     St.  18,sr),  157.      (See  1893,  300  §  6,  331,  416.) 

jNIay  manufacture  and  distribute  gas  and  electricity  on  oortain  conditions. 
St.  1891,  370;    18!)2,  259;   1893,  Ai>i  ■    1894,  182,  .^33. 

Sect.  10.  Towns  may  contract  for  disposal  of  garbage,  refuse  and  offal. 
St.  1889,  377. 

May  contract  Avith  hospitals  for  temporary  care  of  the  sick.  St.  1890, 
119.      (See  1891,  90.) 

May  employ  counsel  at  hearings  before  legislative  committees.  St. 
1889,^380. 

3Iay  pay  interest  on  public  gifts  in  certain  cases.     St.  1895,  217- 

May  raise  money  to  erect  and  repair  monuments  to  soldiers  and  sailors 
in  national  wars.      St.  1884,  42  ;   1886,  76. 

May  furnish  State  and  military  aid  to  soldiers  and  sailors.  St>  1889, 
279,  301.  Shall  support  cei'taiu  soldiers  and  sailors  and  their  families. 
St.  1890,  447  ;  1893,  237,  279.      (See  1888,  438  ;  1889,  298.) 

Sect.  10,  last  clause.  See  St.  1888,  304;  1889,  312;  1890,  347; 
1892,  255. 

Provision  for  furnishing  towns  with  steam  rollers  for  construction  of 
macadamized  roads,  upon  certain  conditions.  St.  1895,  486.  (See  1894, 
497;  1895,  347.) 

Certain  towns  may  water  streets  and  assess  cost  thereof  on  the  abutters. 
St.  1895,  186. 

Sp:ct.  11.  Towns  may  appropriate  money  for  certain  anniversary  cele- 
brations.    St.  1889,  21  ;'l892,  166. 

Sect.  12.  IMay  raise  fifty  cents  per  ]ioll  for  plantins:,  etc.,  of  shade  trees. 
St.  1885,  123  §  1.     (See  1.S90,  196;   1891,  49  ;  1892,147;   1893,  78,  403.) 

Sect.  15  et  seq.  Kegulalions  for  use  of  carriages,  etc.,  in  streets  under 
P.  S.,  ch.  28  §  25,  shall  be  made  by  selectmen  in  towns  and  published. 
St.  1885,  197.  (See  1894,  479;  1895,  296.)  And  to  regulate  and  con- 
trol itinerant  musicians  and  coasting.     St.  1892,  390. 

Sect.  27.  Towns  having  a  water  supply  may  contribute  with  other  towns 
to  construct  a  sewerage  system  to  protect  the  purity  of  such  sui)ply.  St. 
1888,  160. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  allowed  unless  it 
appears  by  officer's  return  that  defendant  was  actually  detained  in  the 
lock-up.     St.  1890,  166. 

Sect.  41  extended  to  public  library  buildings.     St.  1894,  145. 

Sects.  44-49  are  extended  to  all  persons  and  corporations,  and  to  electric 


Chap.  27.]  PUBLIC    STATUTES.  803 

licrht  and  telephone  wires.     St.  1883,  221  ;   1887,  385  §  8  ;  1889,  398,  434  ; 
1895,  350.      (See  1884,  302,  306  ;   1887,  382.) 

Sects.  48,  129.  Superior  court  o-iveu  concurrent  jurisdiction.  St. 
1891,  293. 

Sect.  52.  See  St.  1887,  249;  1890,  423  §  208;  1892,  351  §  2;  1893, 
417  §  13. 

Sects.  52-69.  Tlie  laws  relating  to  town  meetings,  moderators  and 
election  of  town  officers  are  revised.  St.  1893,  417  §§^259-294  ;  1894,  16, 
132;  1895,  89,  285.  (See  1883,  229  ;  1884,  208  §  4,  299  ;  1885,  5,  261  ; 
1886,  262,  264,  295;  1887,  249,  371;  1888,  221,  353;  1889,  191;  1890, 
351,  419,  423  §§  208-227 ;  1891,  10,  31,  32,  74,  155,  270,  305,  336  ;  1892, 
61,  190,  224;   1893,  87,  177.) 

Voting  precincts  provided  for.  St.  1.S93,  417  §  101  ;  1894,  132.  (See 
1886,  264;  1890,  423  §  72.)  Automatic  ballot  machines  authorized.  St. 
1893,  465. 

Sect.  55.  See  St.  1888,  436  §  10;  1890,  386  §  3;  1892,  124;  1893, 
417  §§  260,  345. 

Sects.  64,  66-68,  70,  73,  74,  77-81,  83,  84,  86,  87,  89-91,  93,  94,  97, 
98  are  repealed.     St.  1893,  417  §  345.     (See  1894,  16,  132.) 

Sects.  71,  72,  75,  76,  82,  85,  88,  92,  95,  96,  99-128  are  repealed,  and 
laws  as  to  powers  and  duties  of  town  officers  revised.  St.  1893,  423.  (See 
1886,  295;   1888,  221;  1889,  98,  178;   1893,  60.) 

Women  may  be  chosen  overseers  of  the  poor.  St.  1886,  150.  Or  assistant 
town  or  city  clerk.     St.  1895,  142. 

Provision  for  town  auditors.  St.  1893,  417  §  266;  423  §  20.  (See 
1886,  295;   1888,  221;   1.S89,  191;   1890,  254.) 

For  sew^er  commissioners.  St.  1893,  301,  417  §  266.  (See  1893,  423 
§  24.) 

For  a  superintendent  of  streets.  St.  1893,  423  §  25.  (See  1889, 
98,  178.) 

For  a  single  hiu'hwav  surveyor.  St.  1805,  374.  (See  1893,  417  §  266, 
423  §  21;    1894,  17.)    " 

Boards  of  health.      St.  1894,  218,  473  ;  1895,  398,  508.     (See  1885,  307.) 

Commissioners  of  public  burial  grounds.     St.  1890,  264. 

Assistant  town  clerks.     St.  1893,  423  §  4.      (See  1893,  60  ;  1895,  142.) 

Town  officers  shall  demand  and  receK'e  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.     St.  1891,  340. 

Sect.  85.  Police  officers  may  be  assigned  to  agricultural  and  horticult- 
ural exhibitions.     St.  1892,  180. 

Special  officers  for  emergencies  must  be  residents  of  the  Commonwealth. 
St.  1892,  413. 

Sect.  95  et  seq.  Town  clerks  shall  give  bonds  to  account  for  moneys 
received  for  dog  licenses.     St.  1888,  320.      (See  1888,  308.) 

Shall  make  returns  of  votes  on  acceptance  of  acts  by  the  town.  St. 
1883,  100.      (See  1890,  175,  423  §  155;   1893,  417  §  203;   1894,  132.) 

Shall  notifv  commissioners  of  prisons  of  appointment  of  certain  police 
officers  and  constables.      St.  1892,  290. 

Sects.  102-104.  Form  of  oath  modified.  Provision  to  punish  fraud  in 
valuations.     St.  1885,  355. 


804  Changes  in  the  [Chai-.  28. 

Skct.  11"2  et  seq.     Town  clerks  shall  return  names  of  constables  to  clerks 
of  county  courts  within  seven  days  after  they  qualify.     8t.  IfS.Sl),  -584. 
SiX'T.  12;t.     Superior  court  given  concurrent  jurisdiction.      St.  1891,293. 
Sect.  13U  applies  to  St.  IS'j;},  42:5  §  41. 

Chapter  28.  —Of  Cities. 

General  provision  is  made  for  tlie  establishment  of  city  governments. 
St.  1892,  ;377. 

AVords  "mayor  and  aldermen"  dclhu'd.     St.  1882,  1G4. 

Provision  made  for  acting  mayor  in  case  of  death,  absence,  etc.,  of 
mayor.      St.  1882,  182. 

Deposits  of  city  moneys  regulated.      St.  1893,  26^. 

City  oUicers  shall  demand  and  receive  from  their  predecessors,  under 
oath,  their  odicial  records,  papers,  etc.     St.  1891,  340. 

Ol^ty  clerks  shall  notify  secretary  of  the  Commonwealth  of  vote  on  acts 
to  take  effect  on  acceptance.     St.  1883,  100. 

And  of  changes  in  wards  and  polling  places.  St.  1893,  417  §  105, 
(See  1884,  279  §  4;   188(5,  78  ;   1888,  437  ;   1890,  423  §  71.) 

And  send  him  attestetl  copies  of  records  of  votes  for  State  officers.  St. 
1893,  417  §  179.      (See  1890,  175,  423  §  lo.o.) 

They  must  return  to  clerks  of  courts  names  of  constables  elected  or  ap- 
])oiuted.     St.  1889,  384. 

And  must  notify  prison  commissioners  of  appointment  of  ceitain  police 
officers  and  constal>les.     St.  1892,  290. 

Cities  may  lay  out  lands  for  public  parks.  St.  1882,  154;  1890,  240; 
1893,  300.  (See  1893,  75,416.)  And  for  preservation  of  foi-ests  or  pres- 
ervation of  water  supply.  vSt.  1882,  255.  May  establish  and  maintain 
public  play-grounds.  St.  1893,  225.  And  lease  open  spaces  for  play- 
grounds.    St.  1893,  331.      (See  1885,  157;  1893,  300  §  G.) 

]May  lease  public  buildings,  except  school-houses,  to  grand  army  or 
veteran  firemen's  associations.     St.  1885,  GO;   1891,  218. 

May  appropriate  money  for  enforcement  of  civil  service  Laws.  St.  18<s7, 
345.     And  for  certain  anniversary  celebrations.     St.  18i>i?,  IGG. 

May  indenmify  police  officers  for  injuries  or  expenses  incurred  while  act- 
ing as  such.  St.  1888,  379.  And  persons  required  to  assist  them.  St. 
1893,  18G. 

May  pay  interest  on  public  gifts  in  certain  cases.      St.  1895,  217. 

May,  by  ordinance,  require  all  fees,  charges  and  commissions  allowed  to 
ofllcials  to  be  paid  into  the  treasury.  St.  1888,  308.  Regulate  sale  of 
prepared  wood,  slabs  and  etlging.  St.  1891,  136.  And  width  of  tires  on 
vehicles  owned  in  the  city.  St.  1895,  296.  Provide  for  ins|)ection  of  ice 
sold  within  the  city.  St.  1895,  338.  For  making  all  drains  and  sewers 
main  drains  and  common  sewers.     St.  18i)5,  227. 

May  contract  for  disposal  of  gai'bage,  refuse,  etc.     St.  1889,  377. 

^May  adopt  the  act  requiring  ai)propriations  for  exterminating  insect 
pests.     St.  1893,  78. 

]May  furnish  military  or  State  aid  to  soldiers  and  sailors.  St.  1889,  279, 
301.  Shall  sujiport  certain  soldiers  and  sailors  and  their  families.  St. 
1890,447;   1893,237,  279.     (See  1888,438;   1889,  29S.)      Shall  provide 


Chap,  29.]  PUBLIC   STATUTES.  805 

for  treatment  of  indigent  persons  suffering  from  contagious  or  infectious 
venereal  diseases.     St.  I8i)5,  400.      (See  18iJ4,  511.) 

May  expend  money  for  watering  streets  and  assess  the  whole  or  part  of 
the  expense  on  al)utters.      St.  IHSil,  17U.      (See  1890,  365.) 

May  take  land  for  i)urification  and  disposal  of  sewage.      St.  1890,  124. 

May  manufacture  and  distribute  gas  and  electricity  on  certain  conditions. 
St.  1891,  370;   1892,  259;   1893,  454;   1894,  182,  432,  448,  533. 

Cities  having  a  water  supply  may  contribute  with  other  cities  and  towns 
to  construct  a  sewerage  system  to  protect  purity  of  supply.    St.  1888,  160. 

Tenure  of  police  officers  established  in  certain  cities.     St.  1890,  319. 

Members  of  the  police  may  be  pensioned  in  cities  containing  not  less 
than  sevent3^-five  thousand  inhabitants.     St.  1892,  378.      (See  1892,  353  ; 

1893,  51.) 

Police  mati"ons  and  houses  for  detention  of  women  are  required  in  cer- 
tain cities.     St.  1887,  234;  1888,  181. 

Sect.  6.  Any  item  in  an  ordinance  or  vote  involving  an  appropriation 
of  money,  or  raising  a  tax,  may  be  separately  vetoed.     St.  1885,  312  §  3. 

Sect.  7.  Mayor  may  not  vote  in  board  of  aldermen  or  joint  convention. 
St.  1882,  180. 

Sect.  11.  Police  officers  may  be  assigned  to  agricultural  or  horticultural 
exhibitions.     St.  1892,  180. 

Sects.  14-16,  New  division  of  wards  in  cities  provided  for.  St.  1893, 
417  §  96.  (See  1884,  125,  181  §  9,  299  §  3;  1885,  156;  1886,  78,  283; 
1888,  437.) 

Sect.  19.     See  St.  1885,  159  §  3. 

Sect.  23.  No  member  of  a  city  council  is  eligible  by  the  city  council 
or  either  branch  thereof  to  any  office  the  salary  of  which  is  paid  from  the 
city  treasury.     St.  1886,  117. 

Sect.  25.  Selectmen  in  towns  may  make  these  rules,  etc.  St.  1885,  197. 
(See  1895,  296.)  And  to  regulate  and  control  street  musicians  and  coast- 
ing.    St.  1892,  890. 

Chapter  29. —  Of  Municipal  Indebtedness. 

"  Net  indebtedness  "  is  defined.     St.  1883,  127. 

Sect.  4.  The  limit  of  the  city  debts  is  reduced.  St.  1885,  312.  (See 
1885,  178;   1892,  178;   1893,  23,  225  §  3,  247.) 

Exception  made  in  certain  cases.  St.  1886,  178,  254,  304  ;  1887,  312; 
1888,  73,  144,  185,  229,  392;  1889,  68,  157,  172,  176.  283  §  4 ;  1890,  65, 
120,  121,  135,  142,  203,  258,  271,  3.55,  357  §  10,  424,  444;  1891,  27,  150, 
212,  230,  301,  316,  323,  324;  1892,  42,  45,  150,  153,  155,  247,  367;  1893, 
37,  52,  101,  110,  128,  141,  167,  233,  245,  250,  269,  341,  449,  489  §  20; 

1894,  85,  89,  92,  99,  177,  201,  208,-  210,  212,  234,  244,  286,  293,  310,  323, 
339,  340,  344,  346,  396.  403,  405;  1895,  36,  47,  74,  85,  98,  99,  130,  150, 
151  §  5,  221,  241,  274,  325,  331,  333,  346,  357,  386,  395,  417,  433,  455. 

Damages  for  alteration  of  grade  crossings  are  excepted.     St.  1892,  178. 

Sect.  6.  Temporary  loans  in  anticipation  of  taxes  are  limited.  St. 
1885,  312  §  4;   1889,  372. 

They  must  be  payable  within  one  year.  St.  1891,  221.  They  shall  not 
be  considered  in  determining  the  limit  of  indebtedness.     St.  1893,  23. 


80G  Changes  ix  tup:  [Ciiaps.  30-32. 

Skcts.  7,  8.  Issuiug  bonds,  notes  or  scrip  for  city  or  town  debts  is 
authorized.     St.  1.S84,  121);   1892,  21.")  ^  7.      (See  188S),  1(16;   18«J1,  321.) 

Sect.  8  amended.  Word  "thirty"  substituted  for  ''twenty"  in  fourtli 
line.     St.  1892,  24o  §  6.      (See  1893,  22:^  §  3.) 

Time  for  payment  of  ''other  debts"  extended  in  certain  cases.  St. 
1889,  106;    1891,  321  ;   1894,  421. 

Sect.  9,  Fixed  annual  approi)rinlion8  may  be  made  as  a  substitute  for 
a  sinking  fund.     St.  1882,  133. 

Sect.  11  is  extended.  St.  1894,  14(>.  Provision  for  reissue  of  bonds  notdue 
heUl  in  sinking  funds  for  payment  of  bonds  becoming  due.     St.  1895,  243. 

Sinking  funds  for  sewer  debts  regulated.     St.  1892,  245  §  9. 

Sect.  15.  Management  of  surplus  accumulations  of  State  sinking  funds 
regulated.     St.  1891,  259. 

Chapter  30.— Of  Aid  to  Soldiers  and  Sailors  and  to  their  Families. 

This  ch:ij)ter  is  ro[)ealed,  and  the  law  as  to  State  and  military  aid  revised 
and  extended.  St.  1890,  447;  1893,  237;  1894,  279,  301.  ^  (See  1884, 
34;  1885,  173,  204,  214;  1886,  39,  110;  1887,  122;  1888,  438;  1889, 
279,  298,  301.     lies.  1892,  84.) 

Cities  and  towns  must  furnish  relief  to  certain  soldiers  and  sailors  and 
their  families.     St.  1890,  447;   1893,237.      (See  1888,  438 ;   1889,298.) 

Provision  is  made  for  burial  of  deceased  indigent  soldiers,  sailors  iuid 
marines.     St.  1889,  895;  1892,  184;  1894,  62. 

(iraud  army  posts  may  distribute  aid  to  soldiers.     St.  1885.  189. 

An  agent  for  settlement  of  pension,  bounlv  and  bade  pay  claims  pro- 
vided for.      St.  1888,  396;    1891,  196. 

Appointment  of  State  trustees  for  the  soldiers'  home  provided  for.  St. 
1889,  282.      (See  1890,  373.) 

Sect.  1.  Salary  of  third  commissioner  fixed.  St.  1892,  291.  (See 
1885,  214;   1«.S9,  279  §  9.) 

Chapter  31.  — Of  the  Census,  the  Bureau  of  Statistics  of  Labor  and 
the  Board  of  Supervisors  of  Statistics. 

Special  enumeration  provided  for  in  certain  cases.  St.  1892,  280;  1894, 
334. 

Certain  useless  pai)ers  may  be  burned.     St.  1887,  43. 

Sects.  1-12  are  revised.     St.  1894,  224.      (See  1884,  181.) 

Sects.  13-16.  Additional  statistics  are  required.  St.  1886,  174  ;  1894. 
332.      (See  1884,  181  ;   1885,  156  ;   1888,  437  §  6  ;  1892,  280.) 

The  report  of  the  board  may  be  in  parts.     St.  1890,  97. 

Publication  of  a  bulletin  authorized.      St.  1895,  290. 

A  second  clerk  is  provided  for.     St.  1884,  4. 

Clerks'  salaries  fixed.     St.  1.S88,  115.      (See  1884,  4.) 

Sect.  17  is  amended.     St.  1886,  101  §  4. 

Chapter  32.  — Of  the  Registry  and  Return  of  Births,  Marriages  and 

Deaths. 

Standard  record  inks  are  required.     St.  1894,  378. 

Sect.  1.  Provision  made  for  further  particulars  in  records  of  deaths. 
St.  1887,  202;   1890,  402.      (See  1889,  208.) 


Chaps.  33-36.]  PuBLIC    STATUTES.  807 

Depositions  may  be  filed  to  complete  or  correct  records  and  new  copies 
made.     Penalty  imposed  for  false  return.     St.  1892,  305  ;   1894,  402. 

Returns  of  births  and  deaths  of  residents  of  other  towns  to  be  made  to 
and  recorded  in  such  towns.     St.  1889,  208. 

Sects.  1_,  2.     See  St.  1894,  20G,  401,  409. 

Sect.  3  is  revised  and  further  statements  required  in  certain  cases.  St. 
1888,  63,  306;   1889,  224;   1893,  263. 

Sect.  4.  Returns  of  sextons  and  undertakers  shall  be  preserved  and 
arranged  for  reference.     St.  1<S87,  202. 

Sects.  5,  6.  Additional  requirements  for  removal,  transportation  and 
burial  of  bodies.     St.  1883,  124  ;   1887,  335  ;   18.S8,  306  ;    1893,  263  §  2. 

Sect.  7.  Additional  facts  to  be  reported.  St.  1883,  158.  The  words 
"except  Boston"  are  stricken  out.     St.  1889,  288. 

Sect.  10  amended.     St.  1894,  206.     (See  1894,  401,  409.) 

Sects.  11,  14-17.  Special  provisions  for  Boston.  St.  1892,  314;  1894, 
206. 

Chapter  33.  —  Of  Workhouses  and  Almshouses. 

No  person  whose  insanity  has  continued  less  than  twelve  months  may  be 
detained  in  an  almshouse  without  remedial  treatment.  St.  1890,  414  §  2. 
(See  1886,  319  §  3.) 


Chapter  35.  —  Of  Fires,  Fire  Departments  and  Fire  Districts. 

Provision  for  allowance  to  families  of  firemen  fatally  injured  at  fires. 
St.  1893,  401. 

Ortlce  and  duties  of  State  fire  marshal  established.  St.  1894,  444  ;  1895, 
452.      (See  1886,  354  ;  1887,  231.) 

Pensions  provided  for  in  Boston.  St.  1892,  347.  (See  1880,  107; 
1888,  174.) 

Assistance  for  the  Massachusetts  State  firemen's  association  provided 
for.     St.  1892,  177. 

Sect.  1.     Forest  fire-wards  are  provided  for.     St.  1886,  296  §§  2,  3. 

Sects.  10,  11  were  repealed  by  St.  1888,  199,  which  was  repealed  by 
St.  1889,  451  §  8.      (See  1886,  296§  4  ;  1887,  214  §  16  ;   1891,  229.) 

Sect.  28.     Additional  apparatus  required.     St.  1888,  310. 

Board  of  fire  engineers,  or  chief  of  fire  department,  shall  investigate 
origin,  etc.,  of  fires!     St.  1889,  451;   1891,  229. 

Sect.  29.  Selectmen  may  remove  enuincers  after  notice  and  hearing. 
St.  1886,  113. 

Sect.   35.     Penalties  prescribed  for  violations  of  rules.     St.  1888,  220. 

Sect.   51.     Hydrant  and  water  service  added.      St.  1895,  295. 


Chapter  36.— Of  Fences    and    Fence   Viewers,  Pounds    and   Field 

Drivers. 

Sects.   1-19.     Fences  and  like  structm-es  over  six  feet  in  height,  mali- 
ciously erected,  etc.,  are  declared  nuisances.     St.  1887,  348. 
Barbed  wire  fences  are  restricted.     St.  1884,  272. 


808  Changes  in  the  [Chaps.  37-40. 


Chapter  37.  —  Of  the  Public  Records. 

A  commissioner  of  public  records  is  established,  his  duties  prescribed 
and  salaiT  fixed.     St.  1892,  333. 

An  act  to  prevent  the  destruction  of  public  records.     St.  181)4,  ooG. 

Provision  for  arranging  and  recording  certain  worn  or  indistinct  records, 
etc.     St.  1891,  22a;   1892,  253. 

Standard  record  inks  are  required.     St.  18'J4,  378. 

Sect.  1  is  revised  and  qualitj'  of  paper  regulated.     St.  1891,  281. 

Si-:cT.  3.     Provision  for  additional  accommodations.     St.  1886,  207. 

St:cT.  T).     Records  of  death  may  also  be  copied.     St.  1887,  202. 

Skcts.  5-7.     Indexes  of  records  are  to  be  kept.     St.  1885,  190. 

Sects.  14,  15.  In  Boston,  city  registrar  shall  perform  duties  of  city  or 
town  clerk  under  these  sections.     St.  1H'.)2,  314  §  3. 

Sect.  15.  City  or  town  clerk  shall  demand  the  records  if  not  delivered. 
St.  1890,  227. 

Sect.  16.  Removal  or  mutilation  of  records  of  the  Commonwealtii  is 
forbidden.     St.  1890,  392. 

The  public  records,  books,  papers  and  property  of  a  city  or  town  ollicer 
are  to  be  demanded  by,  and  delivered  under  oath  to,  his  successor.  St. 
1891,340. 

Chapter  38.  — Of  Parishes  and  Religious  Societies. 

Provision  is  made  for  the  incorporation  and  government  of,  and  con- 
veyance of  property  to,  churches.  St.  1887,  404;  1888,  326;  1891,  265; 
1895,  105.      (See  1884,  78;   1894,  126.) 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  326. 

Sect.  8.  Term  of  ofllce  of  committee  or  assessors  regulated.  St.  1894, 
126. 

Sects.  18,  19.  Religious  societies  shall  not  assess  taxes  except  upon 
their  pews.     St.  1887,  419. 

Sect.  21  is  repealed.     St.  1887,  419. 

Sect.  43  is  extended.     St.  1886,  239. 

Chapter  39.  — Of  Donations,  and  Conveyances  for  Pious  and  Char- 
itable Uses. 

Sect.  1.  Churches  may  appoint  trustees,  who  shall  be  a  l^od}'  corporate 
for  the  purposes  of  this  section.     St.  1884,  78.     (See  1887,  404  ;  1891,  265.) 

Real  estate  held  by  deacons  maj'  be  conveyed  to  the  church,  if  incorpo- 
rated.    St.  1887,  404  §  7. 

Chapter  40.  — Of  Library  Associations. 

Sect.  6.     Allowance  made  to  county  hnv  lil)raiies.      St.  1882,  246. 

Sect.  9  et  seq.  The  election,  j^ow-ers  and  duties  of  trustees  of  free  pub- 
lic libraries  and  reading  rooms  are  regulated.     St.  1888,  304;   1889,  112. 

A  board  of  library  commissioners  is  provided  for.  St.  1890,  347.  They 
are  authorized  to  aid  free  libraries  in  certain  towns.      St.  1892,  255. 


Chaps.  41-44]  PuBLIC    STATUTES.  809 


Chapter  41.  —  Of  the  Board  of  Education. 

Sect.  8.  Salary  of  the  secretary  of  the  board  fixed.  St.  1894,  176. 
(See  1885,  227.)  Clerical  and  messenger  service  provided  for.  St.  1895, 
132. 

Sects.  8,  11.     See  St.  1893,  86  §  2. 

Sect.  12.  The  board  has  the  nianagemeut  of  the  State  normal  school 
boarding-houses.  St.  1891,  384.  (Se^^  1894,  457;  1895,  258.)  And  the 
supervision  of  the  pupils  in  the  Perkins  institution  and  Massachusetts 
school  for  the  blind.  St.  1885,  ll-S.  It  may  establish  an  educational 
museum.  St.  1894,  230.  Shall  provide  for  examination  and  certification 
of  teachers.     St.  1894,  329. 

Sects.  16,  17.  The  provisions  for  the  instruction  of  deaf-mutes  and 
deaf  children  are  revised  and  extended.  St.  1888,  239  ;  1889,  226.  (See 
1886,  241;  1887,  179.) 

Chapter  43  —Of  the  School  Funds. 

Sects.  1,  2.  Certain  payments  into  the  fund  are  provided  for.  St. 
1890,  335. 

Sect.  3  is  repealed.  St.  1884,  22.  The  distribution  of  the  income  is 
revised.     St.  1891,  177;  1893,  272.      (See  1885,  227.) 

Chapter  44. —Of  the  Public  Schools. 

No  foreiffii  flag  or  emblem  may  be  displayed  on  a  public  school-house. 
St.  1895,  ri5.     (See  1895,  181.) 

Provision  is  made  for  a  State  nautical  training  school.  St.  1891,  402; 
1893,  124.     And  for  textile  schools  in  certain  cities.     St.  1895,  475. 

Free  scholarships  in  the  Massachusetts  institute  of  technology  are  pro- 
vided for.     Res.  18.S7,  103. 

School  committees  of  cities  and  towns  maintaining  free  evening  schools 
ma}'  provide  free  evening  lectures.     St.  LS'Jo,  208. 

Thev  shall  furnish  public  schools  with  a  national  flag.  St.  1895,  181. 
(See  1895,  115.) 

Pretending  in  writing  to  hold  a  degree  of  a  college  or  school,  granting 
degrees  without  authority,  and  false  assertions  in  writing  of  the  approval 
by  a  college  or  professional  school  of  a  person,  process  or  goods,  are  made 
criminal  offences.     St.  1893,  355. 

Sect.  1.  The  use  of  tools  and  cooking  may  be  taught.  St.  1894,  320. 
(See  1884,  69.)  Physiology  and  hygiene  must  be  taught.  St.  1885,  332. 
And  manual  training  in  certain  cities.  St.  1894,  471.  Vivisection  is  for- 
bidden and  dissection  restricted  in  public  schools.     St.  1894,  151. 

Sects.  1,  2.  Evening  schools  and  evening  high  schools  are  required  in 
certain  places.  St.  1883,  174;  1886,  236.  Notice  of  their  opening  must 
be  given.     St.  1887,  433  §  4.      (See  1893,  208.) 

A  town  not  required  to  maintain  a  high  school  shall  pay  for  the  tuition 
and  transportation  of  its  children  attending  a  high  school  in  another  town 
or  city.  St.  1894,  436.  (See  1891,  263  ;  1895,^212.)  And  may  pay  for 
such  tuition  at  an  academy  of  equal  grade  in  the  same  town.     St.  1895,  94. 


810  CUAXGES   IX   TIIK  [Chaps.  45-48. 

Schools  shall  be  kopt  for  at  least  eight  months  a  year  in  towns  of  4.000 
or  more  inlial)itants.     St.  181)4,  2;J1. 

The  last  session  prior  to  Memorial  day  sliall  be  devoted  to  exercises  of  a 
patriotic  nature.     8t.  1.S90,  111. 

Sect.  2S.  Diploma  of  a  State  normal  school  may  be  accepted  in  lieu  of 
a  personal  examination  of  a  teacher.      St.  1891,  1;V,). 

Additional  normal  schools  are  provided  for.  St.  1894,  ■ii'u  ;  1895,  258. 
Provision  for  examination  and  certification  of  teachers  by  the  board  of 
education.     St.  1894,  329. 

Teachers,  after  a  year's  service,  ma}'  be  ai)pointed  to  serve  during  the 
pleasure  of  the  committee.     St.  1886,  3i;5. 

Si:cTs.  35-40  are  repealed.  Text-books,  supplies,  etc.,  are  furnished 
free.     St.  1884,  103;  1885,  161.      (See  1884,  69;   1885,  67.) 

Skcts.  41-46.  The  distinct  system  is  abolished.  St.  1882,  219.  (See 
1884,  122.) 

Skcts.  44,  45.  Provision  to  aid  small  towns  to  unite  to  emi)lov  a  super- 
intendent. St.  1888,  431;  1893,  200;  1894,  58.  (See  1890,  379;  1891, 
272;   1892,  301,  344,  360.) 

Chapter  45.^  Of  School  Districts. 
The  school  district  system  is  abolished.     St.  1882,  219.     But  the  right 
to  sue  or  defend  for  districts  is  reserved.     St.  1884,  122. 

Chapter  46.  —  Of  School  Eegisters  and  Returns. 

Sect.  3.     See  St.  1888,  348  §  7. 

Skct.  15.  The  time  for  which  payment  is  to  cease  is  limited.  St. 
1891,  99. 

Chapter  47.  —  Of  the  Attendance  of  Children  in  Schools. 

This  chapter  is  repealed,  and  the  laws  relalinu'  to  school  attendance- and 
truancv  are  revised.  St.  1894,  498.  (See  1883,  174  §  3,  245  ;  1885,  71, 
198;  1887,  433;  1888,  348;  1889,  135,  249,  422,  464;  1890,  48,  299, 
309,  384;  1891,  317,  361,  426;   1892,  62;   1893,  253;  1894,  188.) 

Sect.  9.  Additional  provisions  to  prevent  introduction  of  contagious 
diseases  into  schools.     St.  1884,  98;   1.S90,  102.      (See  1884,  64.) 

Exemption  from  vaccination  allowed  in  certain  cases.     St.  1894,  515  §  2. 

Chapter  48.  ^  Of    the   Employment   of   Children    and   Regulations 

respecting  Them. 

The  laws  relating  to  the  employment  of  children  are  revised.  St.  1894, 
508.  (See  1882,  150;  1883,  157,  224;  1884,  275;  1885,  222,  305;  1885, 
87;  1887,  103,  121,  173,  215,  218,  280,  330,  399,  422,  433;  1888,  149, 
305,  348;  1889,  135,  229,  291;  1890,  48,  90,  183,  299;  1891,  239,  317, 
350;   1892,  83,  210,  296,  330,  352,  357,  410.) 

Children  under  ten  shall  not  be  permitted  to  enter  street  cars  to  sell 
newspapers,  etc.     St.  1889,  229. 

Sects.  8,  9  are  repealed.     St.  1894,  508  §  80.      (See  1885,  305.) 

Admission  of  children  under  thirteen  to  certain  shows  and  places  of 
amusement  is  restricted.     St.  1887,  446. 


Chap.  49.]  PUBLIO    STATUTES.  811 

Ille<T;al  peddling  and  be2;giug  by  children  are  prohibited.  St,  1887,  422. 
(See  1885,  305  ;   1892,  33"l.) 

Sects.  11-21  are  repealed  and  the  trnant  knvs  revised.     St.  1894,  498. 

Sects.  18-27.  Further  provisions  made  for  care,  education  and  protec- 
tion of  neglected,  destitute  and  abandoned  children.  St.  1882,  181,  270; 
1883,  232  ;  1885,  176  ;  18SG,  330  ;  1887, 401 ;  1888, 248  ;  1889,  230,  309  ; 
1891,  194;  1892,  318;  1893,  197,  217,  252,  262.  (See  1884,  210;  1886, 
101;  1887,441;  1889,  416.) 

Sect.  19  is  amended.     St.  1883,  245. 

Sect.  22  et  seq.  Provisions  regulating  infant  boardina'-houses  and  adop- 
tions. St.  1889,  309,  416;  1891,  194;  1892,  318.  (See  1882,  270  §  3; 
1889,  416.) 

Chapter  49.  — Of  the  Laying  Out  and  Discontinuance  of  "Ways,  and 
of  Damages  occasioned  by  the  Taking  of  Land  for  Public  Use. 

A  commission  for  improvement  of  public  roads  is  provided  for.  St. 
1893,  476.  They  may  lay  out  and  construct  State  roads.  St.  1894,  497  ; 
1895,  347.  May  furnish  steam  rollers  to  towns  for  construction  of  roads 
on  certain  conditions.     St.  1895,  486. 

A  metropolitan  park  commission  is  established.  St.  1893,  407.  .  They 
are  authorized  to  lay  out  roadwaj'S  and  boulevards  connected  with  parks. 
St.  1894,  288. 

Park  commissioners  are  given  certain  powers  in  regard  to  highway's  con- 
nected with  public  parks.     St.  1893,  300. 

Sects.  1,  10,  13.  Towns  may  alter,  etc.,  but  not  discontinue,  county 
highways  or  bridges  within  their  limits.     St.  1891,  170. 

Land  may  be  taken  for  public  parks.  St.  1882,  154  ;  1890,  240.  (See 
1893,  225,  300,  331.) 

For  the  cultivation  or  preservation  of  trees.     St.  1882,  255. 

And  for  the  purilication  and  disposal  of  sewage.     St.  1890,  124. 

Sewer  and  water  pipes  may  be  laid  in  ways  before  taking  possession  for 
construction.     St.  1893,  65. 

Spaces  may  be  reserved  in  waj'S  for  certain  special  uses.     St.  1894,  324. 

Sect?.  6,  14  et  seq.  County  commissioners  may  lay  out,  etc.,  highways 
under  the  betterment  law,  where  accepted.  St.  1887,  124.  (See  1884, 
226.) 

They  may  determine  locations  of  public  landing  places.     St.  1882,  109. 

Sect.  18.  New  provision  made  in  regard  to  payment  of  damages.  St. 
1883,  253. 

Sects.  33,  79,  91  revised  and  extended.  Time  for  application  for  a  jury 
more  particularly  defined.     St.  1892,  415. 

Sect.  47.     Officers' per  diem  for  attendance  fixed.     St.  1882,  96. 

Sects.  84—86  are  I'evised  and  methods  of  locating,  laying  out  and  con- 
structing ways  in  Boston  reaulated.  St.  1888,  397  ;  1891,  3^23  ;  1892,  401, 
415  §  3,  418  ;  1895,  494.     (See  1893,  339, 478  ;  1894,  439  ;  1895,  449  §  23.) 

Sect.  88.  Provision  for  extending  limit  of  time  by  agreement.  St. 
1893,  82. 

Sect.  91.  Application  for  jury  may  be  brought  within  the  time  speci- 
fied in  section  33,  notwithstanding  the  charter.     St.  1892,  415  §  4. 


812  Changes  in"  the  [Chaps.  50-52. 

Skct,  105.  Petition  for  damairos  for  land  taken  by  a  town  in  Dukes  or 
Kantucket  may  be  brought  in  ISristol  county.  St.  1887,  50.  (See  1885, 
384  §  1.) 

Skct.  107.  Auditors  niav  be  appoiuted  in  the  discretion  of  the  court. 
St.  189-i,  175. 

Chapter  50.  —  Of  Sewers,  Drains  and  Sidewalks. 

A  metropolitan  system  of  seweraoe  is  provided  for.  St.  1889,  439. 
(See  1891,  192;   18111,  307;   1895,  294.) 

SiXT.  1.  Cities  and  towns  may  take  land  for  the  purilleation  and  dis- 
posal of  sewage.     St.  1890,  124.      (See  1888,  IGO.) 

Sects.  1,  3-8.  Construction  of,  and  assessments  for,  sewers  regulated. 
St.  1891,  97;  1892,  245;  1893,  65,  380;  1895,  117,  127,  227.  InBoston. 
St.  1892,402;  1894,  227,  25G ;  1895,  297,  494.  (See  1.S8G,  210;  1889, 
456;   1890,  346  ;  1893,  304,  417  §  266.) 

Provision  made  for  enforcing  connection  with  public  sewers.  St.  1889, 
108;  1890,  132.  (See  1892,  245  §  4.)  And  repair  of  private  drains  in 
streets.  St.  1893,  312.  Cities  and  towns  ma}'  provide  for  making  all 
drains  and  sewers  main  drains  and  connnon  sewers.     St.  1895,  227. 

Sects.  5,  7.  Land  sold  may  be  redeemed  as  if  sold  for  taxes.  St.  1883, 
145.  The  lien  shall  contiuue''two  years.  St.  1886,  210.  (See  1884,  237  ; 
1891,  97;   1892,  245  §  1.)     Real  estate  assessed,  detined.     St.  1894,  528. 

Sect.  20.  Construction  of  sidewalks  in  cities  regulated.  St.  1895,  441. 
(See  1891,  323;  1892,  lOl,  415,  418;  lS!);j,  437^;  1894,  82;  1895,  297. 
494.) 

Sect.  21.     Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sect.  25.  In  cities  which  accept  the  act  assessments  may  be  appor- 
tioned into  not  more  than  ten  annual  instalments.  St.  1891,  97;  1893, 
380.      (See  St.  1892,  245  §  8.) 

Chapter  51.  —  Of  Betterments  and  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

This  chapter  applies  to  alterations  of  ways  at  railroad  crossings.  St. 
1884,  280.  And  to  laying  out  public  parks.  St.  1882,  154  §  7.  (See 
1893,  300  §  2.) 

The  authorities  may  agree  to  assume  l)etteruients  if  laud  owners  will 
release  damages.     St.  1884,  226. 

Sects.  1-9.  Extended  to  alterations,  etc.,  of  highways  liy  towus.  St. 
1891,  170  §  3. 

Assessments  bear  interest  after  thirty  days  and  the  lien  continnes  for  one 
year  after  determination  of  any  suit  to  test  their  validity.  St.  1884,  237. 
(See  1886,  210.) 

Sect.  11.  Notice  of  assessment  of  betterment  nuist  be  given  within 
three  months  to  party  to  be  charged.     St.  1885,  299. 

County  connnissioners  may  lay  out,  etc.,  highways  under  the  betterment 
act,  where  accepted.     St.  1887,^124.      (See  1884,  226.) 

Chapter  52.  — Of  the  Repair  of  Ways  and  Bridges. 

Sect.  10.  as  to  trimming,  etc.,  of  trees,  is  revised.  St.  1885,  123  §  2. 
(See  1890,  196;  1891,  49;  1892,  147;   1893,  78,  403.) 


Chaps.  53-56]  PUBLIO    STATUTES.  813 

Sect.  19.  Notice  shall  not  be  invalid  for  unintentional  inaccuracy  if 
party  entitled  to  notice  was  not  misled.  St.  1882,  3G  ;  1888,  114.  Pro- 
vision for  correcting  defects  in  notice.  St.  189-1,  389.  Notice  of  defects 
consisting  of  snow  or  ice  must  be  given  within  ten  days.     St.  1894,  422. 

Words  "•in  the  superior  court"  stricken  out.  St.  1888,  114.  (See 
1882,  36.) 

Chapter  53.  — Of  the  Regulations  and  By-laws  respecting  Ways  and 

Bridges. 

The  use  of  bicycles,  etc.,  is  regulated.     St.  1894,  479. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must, 
be  fenced.     St.  1887,  393. 

Sect.  1  revised.  Guide  posts  shall  be  erected  at  forks  and  intersections 
of  ways  leading  to  other  towns.     St.  1887,  162. 

Sects.  11-14.  The  leading  or  driving  of  a  bear  or  other  dangerous  wikl 
ani.nial  upon  the  highway  is  forbidden.     St.  1894,  105. 

Sect.  13  et  seq.  Certain  rights  of  way  in  the  streets,  etc.,  are  given  to 
the  police  in  Boston.     St.  1889,  57. 

Cities  and  towns  may  regulate  width  of  tires  on  vehicles  owned  therein. 
St.  1895,  296. 

Selectmen  in  towns  may  regulate  vehicles  in  streets.  St.  1885,  197. 
And  street  musicians  and  coasting.     St.  1892,  390. 

Sect.  16  amended.     St.  1892,  390. 

Sect.  18.  County  commissioners  may  regulate  the  speed  at  which  per- 
sons may  lide  or  drive  over  certain  bridges.  St,  18*88,  313.  (See  1/882, 
108.) 

Sect.  28  et  seq.     See  St.  1889,  246;   1890,  118. 

Chapter  54.  —  Of  the  Boundaries  of  Highways  and  other  Public  Places 
and  Encroachments  thereon. 

Provision  for  establishment  of  a  building  line  on  public  ways.  St.  1893, 
462. 

An  act  to  protect  treas  from  disfigurement.     St.  1893,  403. 

Erection  and  maintenance  of  posts,  wires  and  structures  in  highways 
regulated.  St.  1884,  302,  306;  1889,  398,  434.  (See  1883,  221.)  And 
advertising  signs  on  posts  in  Boston.     St.  1895,  352. 

Barbed  wire  fences  are  restricted.     St.  1884,  2T2. 

Sects.  6-11.  Further  provisions  for  planting,  cutting,  trimming  and 
preservation  of  shade  trees.  St.  1885,  123;  lai'o,  196;  1891,  49;  1892, 
147.      (See  Pes.  1886,  32.     St.  1893,  78,  403.) 

Sects.  9  and  12  are  repealed.     St.  1885,  123  §  3. 

Sect.  16.     See  St.  1893,  75. 

Chapter  56.  — Of  the  Inspection  and  Sale  of  Butter,  Cheese,  Lard, 
Fish,  Hops,  Leather,  and  Pot  and  Pearl  Ashes. 

A  uniform  standard  is  established  for  certain  weights  and  measures.  St. 
1894,  198. 

Provision  made  for  a  .State  dairy  bureau  and  protection  of  dairy  products. 
St.  1891,  412;   1892,  139. 


814  Changes  ix  the  [Cuws  57-60. 

Si-XTS.  3-21.  Sale  of  imitations  of  butter  legvilated.  St.  1S86,  317; 
1891,  58,  412  ;   18114,  280.      (See  1882,  2(33;   18.S1,  310;  1885,  352.) 

Sale  of  adultonitea  lard  regulated.     St.  1887,  44t). 

Sect.  20.  Powers  aud  duties  of  inspectors  increased.  St.  1H84,  310 
§  2  ;   1885,  352  §  5  ;   ISiil,  58  §  2.      (See  l.s?S2,  203.) 

Skct.  22  et  seq.  Public  weighers  of  salt-water  tish  provided  for.  St. 
1888,  103. 

Chapter  57. —Of  the  Inspection  and  Sale  of  Milk. 

IMunicipal,  district  and  police  courts  and  trial  justices  are  given  juris- 
diction under  this  chapter.     St.  1885,  141).      (See  1893,  390  §  40.) 

Provision  is  made  for  a  State  dairy  bureau  and  protection  of  dairv  prod- 
ucts.    St.  1891,  412;  1892,  139. 

This  chapter  is  not  repealed  or  amended  bv  St.  1882,  263.  St.  1884, 
289  §  4. 

Sect.  2  is  revised  and  powers  and  duties  of  inspectors  modified.  St, 
1884,  289,  310  §§  3,  4  ;  1885,  352  §§  4,  5  ;  1886,  318;  1891,  58  §  3; 
412  §  10.  ^ 

Sects.  5,  7,  9  are  revised.  Additional  provisions  against  adulteration 
<jf  milk.  St.  1884,  289,  310;  1885,  352;  1886,  318;^1891,  412.  (See 
1882,  263;  1889,  326.) 

An  act  to  protect  owners  of  cans  used  in  sale  of  milk,  cream,  etc.  St. 
18!)3,  440. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  310 
s  5.  And  to  counterfeit  his  seal  or  tani|)er  with  samples.  St.  1888,  318 
§  4.     Aud  to  wilfully  deftice  and  misuse  milk  cans.     St.  1885,  133. 

Sect.  12  is  repealed.     St.  1885,  145. 

Chapter  58.  —  Of  the  Inspection  and  Sale  of  Provisions  and  Animals 
intended  for  Slaughter. 

This  chapter  is  repealed  and  tlie  laws  rt'lating  to  contagious  diseases 
among  domestic  animals  are  revised  aud  codified.  St.  1894,  491  ;  1895, 
476,  496.  (See  1884,  232  ;  1885,  148,  378  ;  1887,  250,  252  ;  1892,  195, 
432;  1893,  306.) 

Further  provisions  to  prevent  adulteration  of  food  and  drugs.  St.  1882. 
i63;    1884,  289;    1886,  171.      (See  1883,  263.) 

The  sale  of  dressed  poultry  is  regulated.     St.  1887,  94.     (See  1883,  230.) 

Chapter  59.  —  Of  the  Inspection  and  Sale  of  Certain  Oils. 

Sects.  6,  7.  Provision  is  made  to  regulate  preparation,  storage,  inspec- 
tion and  sale  of  certain  unsafe  oils,  and  kerosene  and  petroleum  products, 
and  the  erection  of  buildings  therefor.  St.  1885,  98,  122;  1894,  399. 
(See  1882,  250.) 

t 
Chapter  60. —  Of  the  Inspection  and  Sale  of  Various  Articles. 
A  uniform  standard  is  established  for  certain  weights  and  measures. 
St.  1894,  198. 


Chaps.  61-65]  PuBLIC    STATUTES.  815 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  ice  when 
requested.     St.  1890,  27G. 

Sects.  11-16  are  repealed  and  new  provisions  made.     St.  1888,  2d6. 

Sect.  17  is  repealed.     St.  1883,  29. 

Sect.  20.  A  standard  measure  for  cranberries  is  established.  St.  1884, 
IGl.     (See  1883,  225;  1890,  426.) 

Sects.  21,  22  are  revised  and  other  articles  added.  St.  1888,  414  ;  1894, 
198  §  6.      (See  1890,  465.) 

Sects.  54,  55  are  repealed.     St.  1894,  111. 

Sects.  56,  57  are  revised  and  sections  58-60  repealed.  Wire  nails  are 
included.     Penalties  and  forfeitures  regulated.     St.  1892,  63. 

Sects.  61,  67.     See  St.  1894,  198. 

Sects.  69-71.  Provisions  against  adulteration  of  vinegar  and  for  com- 
pensation of  inspectors.     St.  1883,  257;  1884,  163,  307;   1885,  150. 

Sects.  72-78.  Cities  may  regulate  sale  by  the  load  of  prepared  wood, 
slabs  and  edgings.  St.  18?)  1,  136.  Measurers  may  be  licensed  by  an 
adjoining  town.     St.  1894,  83  §  2. 

Sects.  79-82,  Sale  of  coal  by  measure  regulated,  and  standard  ton 
established.     St.  1894,  429.      (See  1883,  218,  225;  1884,  70.) 

Chapter  61.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

A  board  of  gas  and  electric  light  commissioners  is  established  and  their 
powers  and  duties  prescribed.  St.  1885,  314  ;  1886,  346  ;  1887,  382,  385  ; 
1.S88,  350;  1889,373;  1891,370;  1892,259,263;  1894,327,503;  1895, 
463.     (See  1888,  428;   1891,351.) 

Clerk's  salary  fixed.     St.  1891,  351  ;  1894,  503. 

The  manufacture,  sale  and  inspection  of  aas  and  electric  light  regulated. 
;St.  1885,240,314;  1886,346;  1887,  382,  385;  1888,  350,  428;  1889, 
169;  1890,  252;  1891,  370;  1892,  67,  259,  263,  274;  1893,  454;  1894, 
299,  316,  327  ;  1895,  228,  380,  350,  420.  (See  1886.  250  ;  1887,  391  §  2  ; 
1890,  404.) 

Sect.  1  amended.     Tenure  of  office  regulated.     St.  1889,  169. 

Sects.  13,  14  do  not  apply  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.  14  amended.     St.  1892,  67.      (See  1886,  250;  1890,  252.) 

Sects.  16-18  extended  to  electric  lighting.     St.  1894,  316  ;   1895,  330. 

Chapter  63.  — Of  the  Sui-vey  and  Sale  of  Lumber,  Ornamental  Wood 

and  Ship  Timber. 

Sects.  1-5,  16,  19  are  revised.     St.  1890,  159. 

Sects.  6,  7.  Surveyors  may  be  licensed  to  survey  lumber  in  an  adjoin- 
ing town.     St.  1894,  83.  ' 

Chapter  65.  — Of  Weights  and  Measures. 

A  unifoi-m  standard  of  certain  weights  and  measures  is  established.  St. 
1894,  198:  1895,  28. 

The  weights,  measures  and  balances  to  Ite  kept  by  counties,  cities  and 
towns  are  defined  and  inspection  provided  for.      St.  1890,  426. 


816  Changes  in  the  [Chaps.  67-C9. 

The  sale  of  coal  by  ineasnre  regulated  and  standard  ton  fixed.  St.  1894, 
421>.      (See  1883,  218;  1884,  70.) 

Sect.  8.  Sealers  are  to  be  appointed  in  cities  by  niavor  and  aldermen. 
St.  1882,  42. 

Skct.  21.  Unlawful  measures  may  be  seized.  Their  possession  implies 
unlawful  intent.     St.  1883,  225. 

Sects.  27,  29.     See  St.  1894,  198  ;   1895,  28. 

Chapter  67. —Of  Auctioneers. 

Sects.  1,  5  are  re\ased.     St.  1886,  289. 

Certain  veteran  soldiers  and  sailors  are  exempted  from  payment  of 
license  fee.     St.  1895,  456. 

Sect.  6  amended  and  auction  sales  further  regulated.  St.  1890,  449  ; 
1891,  144.      (See  1886,  289.) 

Chapter  68.  —  Of  Hawkers  and  Peddlers. 

Sect.  1.  Itinerant  vendors  must  be  licensed.  Sales  bv  thfem  regulated. 
St.  1890,  448;  1894,  525.  (See  1883,  168;  1885,  309;'  1887,  422,  445; 
1890,  449  ;  1891,  144.) 

Provision  to  prevent  illegal  peddling  by  minors.  St.  1887,422;  1892, 
331.  (See  1885,  305.)  And  peddling  near  licensed  picnic  groves.  St. 
1887,  445.      (See  1885,  309.) 

Sects.  1,  2.  Cities  may  regulate  sale  by  hawkers  and  peddlers  of  any 
articles  mentioned  in  section  one.     St.  1883,  168. 

Sect.  2.  New  provisions  made  for  licensing  nwnors  and  regulating  sales 
by  them.     St.  1892,  331.     (See  1887,  422.) 

Sects.  4,  9.  Licenses  may  be  granted  to  persons  over  seventy  years  of 
age.  St.  1883,  118.  And  to  certain  honorably  discharged  soldiers  and 
sailors.     St.  1889,  457. 

Sect.  17.     See  St.  1890,  448. 

Chapter  69.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Copy  of  registers  of  foreign  vessels  must  be  filed  w  ith  commissioner  of 
corporatk)ns  and  the  commissioner  appointed  agent  to  receive  sen'ice  of 
legal  process.     St.  1889,  398.      (See  1884,  330.) 

Sects.  1-9.  Provision  made  for  transportation  of  shipwrecked  seamen. 
St.  1886,  179. 

Sect.  8,     Clause  as  to  advance  Avagen  stricken  out.     St.  1889,  284. 

Sect.  11.  Harbor  lines  established":  Boston;  St.  1882,48;  1891,309. 
Chelsea  ;  1887,  344.  Gloucester;  1882,  103  ;  1883,  109.  (See  1885,  315.) 
Haverhill ;  1883,  104. 

Sect.  23.  Further  provisions  for  protection  of  harbors,  beaches  and 
shores.  St.  1884,269;  1892,  206.  Boston;  1892,  358.  Marblehead ; 
St.  1892,  214. 

Sect.  25.  Provision  for  assistant  harbormasters.  St.  1882,  216.  (See 
1884,  178.) 

Appointment  of  harbor  masters  in  Boston  regulated.     St.  1889,  147. 


Chaps.  70-74.]  PuBLIC    STATUTES.  817 

Sects.   26,  29,  33.     Powers  of  harbor  masters  extended.     St.  1884,  173. 
Regulations  made  for  Gloucester  harbor.     1885,  31.5. 
Sect.  33  extended  to  sections  23-32.     St.  1884,  173. 

Chapter  70.  —  Of  Pilots  and  Pilotage. 

Additional  pilots  provided  for.     St.  1882,  174;   1887,  298. 

Pilotao'e  fees  established  :  Cohasset ;  St.  1887,  298.  Salem  and  Beverly; 
1887,  204.  Winthrop;  1892,  114.  Wood's  Holl ;  1889,  275.  (See  1888, 
288.) 

Sect.  12.  The  pilots  shall  be  "  for  any  or  all  of  said  ports."  St.  1890, 
.300. 

Sects.  26-32.  Certain  exemptions  from  fees  are  made.  St.  1884,  213, 
252. 

Sect.  30.     Limit  extended.     St.  1884,  252  §§  2,  3. 

Sect.  39.  It  is  forbidden  to  assume  or  continue  to  act,  without  author- 
ity, as  a  pilot.     St.  1884,  252  §  6. 

Chapter  72.  — Of  Public  Warehouses. 

Sect.  2.  Bond  and  sureties  are  to  be  approved  bv  the  governor.  St. 
1885,  167. 

Sect.  5.  Provision  for  non-negotiable  receipts  assignable  only  on  the 
books  of  the  warehouseman.     St.  1886,  258. 

Sects.  8,  10  amended.     St.  1895,  348. 

Sect.  10.  Goods  may  be  sold  to  pay  charges  a  year  overdue.  St.  1887, 
277 ;  1895,  348  §  6.  Sale  of  perishable  and  dangerous  goods  provided  for. 
St.  1895,  348. 

Chapter  73.  — Of  Common  Carriers  and  Express  Companies. 

An  act  to  protect  the  business  of  licensed  carriers  of  goods  for  hire.  St. 
1895,  481. 

Chapter  74.  —  Of  the  Employment  of  Labor. 

A  State  board  of  arbitration  and  conciliation  is  established.  St.  1886, 
263  ;  1887,  269.  Clerk  provided  for.  St.  1888,  261.  And  expert  assist- 
ants.    St.  1890,  385  ;  1892,  382. 

A  board  is  established  to  consider  the  subject  of  the  unemployed.  St. 
1894,  238. 

Employment  in  the  civil  service  is  regulated.  St.  1884,  320;  1887,  364, 
437;  1888,41,  253,  334;  1889,  177,  183,  351,  352,  473;  1891,  140;  1893, 
95,  253;   1894,  267,  519;   1895,  501.      (See  1895,  376.) 

Provision  for  appointment  of  a  registrar  of  labor.     St.  1895,  376. 

It  is  made  an  offence  to  compel  an}'  person,  as  a  condition  of  employ- 
ment, to  agi-ee  not  to  join  a  labor  organization.     St.  1892,  330. 

Workmen  employed  by  a  contractor  on  public  work  for  a  city  or  town 
may  sue  the  city  or  town  for  their  wages,  on  certain  conditions.  St.  1892, 
270. 

Provision  to  prevent  persons  not  residents  of  the  Commonwealth  acting 
as  officers  to  protect  property  of  employers  of  labor.     St.  1892,  413. 


818  Changes  in  the  [Chaps.  75-77. 

Provision  for  aiithorizino-  bells,  gongs  and  whistles  for  factories,  etc. 
St.  1883,  84. 

Leave  of  absence  to  vote  provided  for.  St.  1893,  417  §  3.  (See  1887, 
272  ;  1890,  423  §§  143,  144.)  Inttiieucing  or  punishing  vote  of  employees 
is  forbidden.     St.  1893,  417  §  337  ;   1894^209. 

Sects.  1,  2,  3  are  repealed  and  the  laws  relating  to  emplovment  of  labor 
are  revised  and  consolidated.  St.  1894,  508,  534;  1895,  i29,  144,  438. 
(See  1882,  150;  1884,  275;  1886,  87;  1887,  103,  121,  173,  215,  218,  269, 
280,  330,  363,  399,  433;  1888,  149,  305,  348,  426  §  1  ;  1889,  135,  291  ; 
1890,  48,  90,  183,  299,  375  ;  1891,  125,  239,  317,  350,  357  ;  1892,  83,  210, 
296,  330,  352,  357,  410;  1893,  246,  386,  406;  1894,  209,  437;  1895,  471.) 

Specification  of  work  is  required  in  textile  factories.  St.  1894,  534  ; 
1895,  144.      (See  1887,  361;   1891,  125;   1892,  410.) 

Sect.  3.  Liability  of  employers  for  injuries  to  employees  extended  and 
regulated.  St.  1886,260;  1887,  270;  1888,  155;  1890,  83;  1892,  260; 
1893,  111,  359;  1894,  499;  1895,  362  §  7.  (See  1883,  243;  1886,  140, 
173;  1890,  179.) 

Sect.  4.  Hours  of  labor  regulated  in  certain  cases.  St.  1894,  508 
§§  7-14.  (See  1883,  157;  1884,  275;  1886,  90;  1887,  215,  280,  330; 
1888,  348  §§  1,2;  1890,183,375;  1891,350;  1892,83,352,  357;  1893, 
386,  406.) 

Chapter  75.  — Of  Limited  Partnerships. 

Sect.  3.  Name  of  a  former  firm  mav  be  used  with  consent  of  its  mem- 
bers.    St.  1887,  248  §  1. 

Sects.  7,  8,  12  amended.  Interest  and  liability  of  special  partners  reg- 
ulated.    St.  1887,  248. 

Chapter  76.  — Of  the  Use  of  Trade-marks  and  Names. 

An  act  to  protect  owners  of  cans,  bottles,  etc.,  used  in  sale  of  milk, 
cream,  soda  water  and  other  beverages.  St.  1893,  440.  And  to  protect 
use  of  labels,  trade-marks  and  forms  of  advertising.  St.  1895,  462.  (See 
1890,  104;   1893,  443;  1894,  285.) 

Sale  of  goods  marked  sterling,  or  coin  silver,  regulated.     St.  1894,  292 

Chapter  77. —  Of  Money,  Bills  of  Exchange,  Promissory  Notes  and 

Cheeks. 

Sect.  1.  The  par  of  exchange  established  bv  United  States  Rev.  Sts. 
§  3565  is  adopted.     St.  1882,  lio. 

Sect.  3  is  not  repealed  by  St.  1888,  388. 

Interest  on  and  discharge  of  small  loans  regulated.  St.  1888,  388 ; 
1892,  428.      (See  1890,  416.) 

No  written  promise  to  pay  money  shall  be  held  not  to  be  a  promissory 
note  or  not  negotiable  because  time  of  payment  is  uncertain,  if  it  is  pay- 
able in  any  event.     See  1888,  329. 

Sect.  8  et  seq.  When  Christmas  falls  on  a  Sunday  the  next  daj'  is  a 
holiday.  St.  1882,  49.  Fast  day  abolished  and  April  19th  made  a  holi- 
day.    St.  1894,  130. 

The  first  Monday  of  September  is  "labor's  holiday."     St.  1887,  263. 


Chaps.  78-80.]  PuBLIC   STATUTES.  819 

Presentment  of  bills  and  notes  on  holidays  regulated.  St.  1894,  333. 
(See  1894,  427;   1895,  415.) 

Provision  made  for  payment  of  checks,  drafts,  etc.,  presented  after 
death  of  drawer.     St.  1885,  210. 

Sect.  17  amended.    Banking  hours  on  Saturday  regulated.    St.  1895,  415. 

Chapter  78.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

No  agreement  to  make  a  will,  devise  or  legacy  is  binding  unless  in  writ- 
ing.    St.  1888,  372. 

Chapter  79. — Of  the  State  Board  of  Health,  Lunacy  and  Charity. 

The  board  is  divided  into  a  board  of  health,  and  a  board  of  lunacy  and 
charity.     St.  1886,  101. 

Salary  of  secretary  fixed.     St.  1889,  370. 

The  board  of  health  is  given  general  supenasion  of  inland  waters  and 
sources  of  water  supply.     St.  1888,  375  ;  1890,  441  §  1.      (See  1884,  154  ; 

1886,  274;  1889,  439.)  And  of  vaccine  institutions.  St.  1894,  355. 
It  may  forbid  sale  of  impure  ice.  St.  1886,  287.  (See  1895,  338.) 
Appropriation  for  enforcing  laws  against  adulterations  increased.     St. 

1891,  319.     (See  1882,  263  §  5 ;   1883,  263;  1884,  289  §  1.) 

It  must  report  prosecutions  and  expenditures.     St.  1884,  289  §  2. 

The  governor  may  appoint  a  special  officer  to  assist  in  cases  of  deserted 
and  unprotected  children.     St.  1895,  310.      (See  1885,  158.) 

Sect.  9.  Classes  of  inmates  who  may  be  removed  specified.  St.  1887, 
367.     (See  1886,  219,  319  ;  1887,  346.) 

Sect.  13  amended.     St.  1894,  196. 

Chapter  80.  — Of  the  Preservation  of  the  Public  Health. 

A  metropolitan  system  of  sewerage  is  provided  for.  St.  1889,  439  ; 
1895,  406.  (See  1891,  192;  1894,  307;  1895,  294.)  And  water  supply. 
St.  1895,  488.  And  parks.  St.  1893,  407  ;  1894,  288 ;  1895,  450.  And 
improvement  of  Charles  river.     St.  1893,  475. 

Provision  made  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263  ;  1884,  289  ;  1886,  287  ;  1891, 319.     (See  1883, 263  ;  1891,  374, 412.) 

To  prevent  sale  of  toys  or  confectionery  containing  arsenic.    St.  189 1 ,  374. 

To  prevent  sale  of  impure  ice.     St.  1886,  287.      (See  1895,  338.) 

To  prevent  manufacture  of  clothing  in  unhealthy  places.  St.  1894,  508 
§§  44-48.      (See  1891,  357;  1892,  296;  1893,  246.) 

To  prevent  feeding  of  garbage,  refuse  or  offal  to  milch  cows.  St.  1889, 
326.     Or  to  food  animals.     St.  1895,  385. 

To  authorize  and  regulate  crematories.     St.  1885,  265. 

To  abate  nuisances  by  smoke  in  Boston.     St.  1895,  389.     (See  1893,  353.) 

For  suppression  of  contagious  diseases  among  cattle.     St.  1884,  232; 

1887,  250  ;  1894,  491  ;  1895,  476,  496.     (See  1885,  148,  378  ;  1887,  252  ; 

1892,  195,  432;  1893,  306.) 

For  registration  and  regulation  of  pharmacists.  St.  1885,  313  ;  1887, 
267;  1893,  227,  472.  And  of  dentists.  St.  1887,  137.  And  plumbers. 
St.  1888,   105  ;    1893,  477  ;   1894,  455  ;    1895,  453.      (See  1882,  252  §  2  ; 


820  Changes  in  the  [Chap.  81. 

1892,  419  §§  120,  138.)  And  of  physicians  and  surgeons.  St.  1894,  4')8  ; 
1895,412.  And  for  licensing  and  regulating  stables  in  cities.  St.  1891, 
220;   1895,  213. 

Supreme  judicial  court  in  equity  may  enforce  provisions  of  this  chapter 
and  acts  in  addition  thereto.     St.  1893,  460. 

Sects.  1,  53,  93  amended      St.  1886,  101  §  4. 

Skcts.  2,  21,  28-35  amended  ;  section  3  repealed,  and  provision  made  for 
election  of  boards  of  health  in  towns.  St.  1894,  218,  473  ;  1895,  398,  508. 
(See  1885,  307.) 

Sect.  8  is  revised.     St.  1895,  332.     (See  1894,  174.) 

Sect.  10.     Local  boards  ma}^  close  places  of  burial.     St.  1885,  278  §  1. 

Sect.  12.  Provisions  for  regulation  of  house  drainage  and  connection 
with  public  sewers.     St.  1889, "lOS;   1890,  74,  132. 

Sects.  21-23.     Privy  vaults  are  restricted  in  cities.     St.  1890,  74. 

Sect.  28.  Expenditure  under  this  section,  without  a  previous  appropri- 
ation, is  limited.     St.  1887,  338  §  1. 

Sects.  30-32.  Kight  given  of  appeal  and  trial  by  jury,  as  in  case  of 
land  taken  for  highways.     St.  1887,  338  §§  2,  3. 

Sects.  51-55  repealed.  New  provisions  made  in  regard  to  vaccination. 
St.  1894,  515. 

Sect.  GO.  Further  provisions  regulating  infant  boarding-houses  and 
adoptions.  St.  1889,  309;  1891,194^;  1892,318.  (See  1882,  270;  1885, 
176;   1889,  416;  1893,  262.) 

Sect.  69  amended.     St.  1893,  79. 

Sect.  70.  Massachusetts  homa?opathic  hospital  aided,  and  appointment 
of  trustees  provided  for.     St.  1890,  358. 

Sects.  78,  79  are  repealed  and  new  provisions  made  as  to  notices  and 
reports  of  contagious  diseases.  St.  1883,  138;  1884,  98;  1890,  102; 
1891,  188;  1893,  302.  Provision  for  hospital  accommodations  in  cities. 
St.  1894,  511.  And  for  treatment  of  indigent  persons  suffering  from  con- 
tagious or  infectious  venereal  diseases.  St.  1895,  400.  (See  1895,  483, 
503.) 

Sect.  83  amended.     St.  1886,  101  §  4.      (See  1883,  138;  1893,  302.) 

Sects.  88-91  amended.  Appeals  and  proceedings  regulated.  St.  1889, 
193.     (See  1883,  133.) 

Sect.  92.     Consent  of  common  council  re(piired  in  cities.    St.  1893,  106. 

Sect.  96  et  seg.  Further  provision  made  to  protect  the  purity  of  inland 
■waters  and  sources  of  water  supply.     St.  1884,  154,  172  ;  1888,  160,  375; 

1890,  441.      (See  1886,  274  ;   189.3,  407.) 

A  metropolitan  sewerage  system  is  established.     St.  1889,  439. 
Sects.  98-100  are  repealed.     St.  1884,  154. 
Sects.  103-105  are  repealed.     St.  1891,  120. 

Chapter  81.  —  Of  the  Promotion  of  Anatomical  Science. 

Sect.   1.     Change  made  in  persons  by  whom  permits  mavbe  given.     St. 

1891,  185,  406. 

Sect.  3  repealed.     St.  1891,  185. 

Sect.  4.     Friends  have  three  days  to  ask  for  burial.     St.  1891,  185  §  2. 


Chaps.  82,84.]  PUBLIC   STATUTES.  821 


Chapter  82.  — Of  Cemeteries  and  Burials. 

Provision  made  for  commissioners  of  burial  grounds  in  towns.  St. 
1890,  264. 

Cremation  of  the  dead  autliorized  and  regulated.     St.  1885,  265. 

Change  of  corporate  name  provided  for.     St.  1891,  360  ;  1892,  198,  201. 

Sect.  3  is  repealed  and  new  provisions  made  defining  rights  of  widows 
and  children  in  burial  lots  and  tombs.  St.  1885,  302 ;  1892,  165.  (See 
1883,  262.) 

Sect.  6.  Conveyances  need  be  recorded  only  in  the  records  of  the  cor- 
poration.    St.  1883,  142;    1889,  299. 

Records  must  be  kept  of  all  conveyances  and  contracts  in  relation  to 
lots.     St.  1889,  299.      (See  1883,  142.) 

Sect.  17.  Towns  and  cities  may  receive  funds  for  care,  improvement 
and  maintenance  of  burial  places  and  lots.     St.  1884,  186  ;   1890,  264  §  4. 

Sect.  19.  Boards  of  health  may  close  any  place  of  burial.  St.  1885, 
278  §  1. 

Sect.  24.  To  sustain  an  appeal  the  jury  must  find  that  the  closing  was 
not  necessary  for  the  protection  of  the  public  health.     St.  1885,  278  §  2. 

Sects.  25-28  are  repealed.     St.  1885,  278  §  3. 

Chapter  84.  —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Provision  is  made  for  remedial  treatment  of  recently  insane  paupers. 
St.  1886,  319  §  3. 

False  representations  for  the  purpose  of  causing  any  person  to  be  sup- 
ported as  a  pauper  are  made  an  offence.     St.  1891,  343. 

Provision  made  for  custody  and  care  of  pauper  children.  St.  1882,  181  ; 
1883,  232,  245  ;  1886,  330  ;  1887,  401  ;  1888,  248  ;  1889,  230 ;  1893,  197, 
217,  252. 

Sect.  2.     See.  St.  1890,  414;  1893,  423  §  12. 

Sect.  3  is  extended  to  towns.  St.  1893,  197.  The  State  board  of 
lunacy  and  charity  may  act  in  certain  cases.  St.  1887,  401  ;  1893,  197 
§  2.      (See  1889,  230  §  2.) 

Sect.  6.  The  pauper  and  his  estate  are  made  liable  for  expenses  in- 
curred for  him.     St.  1882,  113. 

Sects.  14-18.  Transportation  of  destitute  shipwrecked  seamen  provided 
for.     St.  1886,  179. 

Sect.  17.  Overseers  shall  bury  unclaimed  or  nnidentified  bodies  upon 
which  inquests  have  been  held.     St.  1887,  310  §  3. 

Burial  of  deceased  indigent  soldiers,  sailors  and  marines  provided  for. 
St.  1889,  395;  1892,  184. 

The  sums  which  may  be  paid  for  burial  of  paupers  are  increased.  St. 
1890,  71. 

Sect.  18.  Period  for  which  aid  may  be  furnished  increased.  St.  1891, 
90  §  1. 

Sects.  18,  21,  35  amended.     St.  1886,  101  §  4. 

Sect.  19  is  revised.     St.  1895,  445. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  for  temporary 
care  of  the  unfortunate  and  sick.     St.  1890,  119. 


822  Changes  in  the  [Chaps  85-87. 

Sect.  21  amended.  St.  1883,  232  §  1.  (See  1882,  181,  270;  1883, 
245;   1885,176;   1886,330;  1887,401;   1888,248;  1893,217.) 

Sect.  29.  Removal  by  overseers  to  be  made  within  one  mouth  after 
notice.     St.  1891,  90  §  2. 

Chapter  85.  —  Of  ttie  Maintenance  of  Bastard  Children. 

Sect.  1.  Clerk  of  court  may  receive  complaint  and  issue  warrant.  St. 
1885,  289. 

Sect.  2  amended.     St.  1886,  101  §  4. 

Sect.  6.  Accused  may  be  committed  until  bond  be  given.  Provision 
for  approval  of  bond.     St.  1891,  367. 

Chapter  86.  — Of  Alien  Passengers  and  State  Paupers. 

Sect.  1  amended.     St.  1886,  101  §  4. 

Sect.  13.  A  new  board  for  both  almshouse  and  workhouse  is  estab- 
lished and  regulated.     St.  1884,  297  ;  1891,  299. 

Sects.  16,  19.  The  same  person  mav  be  superintendent  and  resident 
physician.     St.  1883,  278. 

Sect.  21.  Change  made  in  persons  who  may  give  certificates.  St. 
1891,  84. 

Sect.  22  et  seq.  The  removal  of  sick  paupers  is  further  regulated.  St. 
1885,  211;  1887,  440. 

Sects.  26,  31.  Further  requirements  as  to  bills  charged  to  the  Common- 
wealth.    St.  1885,  211  ;   1891,  153. 

Sect.  28  was  repealed  by  St.  1883,  239,  Avhich  was  again  repealed  and 
new  provisions  made  by  St.  1886,  298.     (See  1884,  88.) 

Sect.  31.     See  St.  1885,  211. 

Sect.  37  is  extended  to  persons  not  being  sentenced  inmates.  Com- 
plaints regulated.     St.  1884,  258.     (See  1886,  101  §  4.) 

Sect.  39.  Board  of  lunacy  and  charity  may  transfer  pauper  lunatics  to 
asylum  at  State  almshouse.     St.  1888,  69. 

Sect.  44  et  seq.  New  provisions  made  as  to  care  of  children.  St.  1882, 
181;   1883,  232;   1886,  330;  1888,  248;   1893,  217,  252. 

A  limited  number  of  children  alHicted  with  epilepsy  or  chronic  disease 
may  be  placed  in  hospital  cottages  at  Baldwiuville,  which  are  aided,  and 
State  trustees  are  provided  for.  St.  1887,  441;  1889,  230;  1890,  354; 
1892,407.  (See  Res.  1888,  91.)  Hospital  established  for  epileptics.  St. 
1895,  483.     And  for  consumptives.     St.  1895,  103.     (See  1895,  400.) 

Sect.  46  amended.     St.  1882,  181  §  1. 

Chapter  87.  — Of  Lunacy  and  Institutions  for  Lunatics. 

Sects.  1,  29  amended.     St.  1886,  101  §  4. 

Sect.  2  et  seq.  Additional  hospital  accommodations  provided  for  at 
Westborough;  St.  1884,  322.  In  eastern  Massachusetts;  St.  1890,  445. 
At  ^Nledfield  and  Dover;  St.  1892,  425,  A  hospital  for  male  dipsomaniacs 
and  inebriates;  St.  1889,  414;  1890,  251;  1891,  158.  (See  1885,339; 
1893,  395.  Res.  1892,  33,  50,  55.)  For  insane  criminals;  St.  1886, 
219  ;  1895,  390.     And  for  epileptics  ;  St.  1895,  483. 

Sect.  4.     Number  of  trustees  increased.     St.  1884,  149. 


Chap.  88.]  PuBLIC   STATUTES.  823 

Sect.  6  et  seq.  At  all  State  institutions  for  the  insane,  provision  shall 
be  made  for  fire  escapes  and  apparatus.     St.  1890,  378. 

Sect.  7.     Female  assistant  physicians  provided  for.     St.  1884,  116. 

Sect.  9.     Time  of  meeting  and  of  report  changed.     St.  1887,  170. 

Sect.  11  et  seq.  Further  provisions  as  to  commitment  and  custody  of 
insane.  St.  1884,  234,  322  §§  7,  9;  1885,  339,  385;  1886,219,  319; 
1887,  346;  1889,90,414;  1890,  414;  1891,  158;  1892,53;  1894,  195; 
1895,  286,  390,  429.     (See  1883,  148  ;  1892,  229.) 

Sects.  11,  37,  46.  Cities  of  over  fifty  thousand  inhabitants  may  estab- 
lish asjdums  for  chronic  insane.     St.  1884,  234. 

Chronic  and  quiet  insane  may  be  cared  for  in  private  families.  St.  1885, 
385. 

Sect.  12  amended.     St.  1894,  195. 

Sect.  13  is  revised.  St.  1895,  286,  429.  (See  1892,  229.)  Fee  for 
commitment  established.     St.  1894,  493. 

Sect.  14  repealed.     St.  1892,  53  §  2. 

Sect.  15.     See  St.  1884,  322  §  7. 

Sect.  21.  Fees  as  witnesses  of  salaried  officers  regulated.  St.  1890, 
440. 

Sect.  25.  Application  shall  be  made  in  case  of  any  insane  person 
deprived  of  proper  treatment.     St.  1890,  414  §  1. 

Sect.  26.     See  St.  1884,  234. 

Sects.  32-34.  Commonwealth  shall  pay  for  support  of  certain  crim- 
inals committed  to  insane  hospitals.  St.  1883,  148;  1889,  90.  (See  1894, 
214  §  3.) 

Provision  to  reimburse  towns  in  certain  cases.     St.  1892,  243  ;  1895,  375. 

Sect.  37.     Name  of  temporary  asylum  changed.     St.  1887,  239. 

Sect.  38  et  seq.  The  transfer  of  the  insane  regulated.  St.  1884,  234 
§  3,  322  §§  7,  9;  1885,  339  §§  2,  3,  385;  1886,  219,  319;  1887,  346  §  2, 
367 ;   1889,  90,  414  §  16  ;  1890,  414 ;   1891,  158  ;  1894,  251 ;   1895,  390. 

Sect.  40.  Superintendents  may  be  authorized  to  discharge  patients  and 
may  allow  temporary  absences.  St.  1883,  78.  (See  1885,  339  §  3  ;  1886, 
319.) 

Sect.  46  e^  seq.  Overseers  of  the  poor  shall  not  commit  or  detain  re- 
cently insane  persons  in  an  almshouse  without  remedial  treatment.  They 
must  give  notice  to  the  State  board  of  the  admission  and  discharge  of  the 
insane.     St.  1890,  414.      (See  1886,  319  §  3.) 

Sects.  47-49  are  repealed.  The  asylum  at  Ipswich  is  discontinued.  St. 
1887,  207.      (See  1890,  445.) 

Sect.  50.     See  St.  1887,  367. 

Sect.  55  et  seq.  Name  changed  to  "school  for  the  feeble-minded." 
Regulations  revised.  St.  1883,  239  ;  1886,  298.  The  allowance  is  in- 
creased.    St.  1887,  123.     (See  1884,  88 ;   1886,  298  §  4.) 

Chapter  88.  — Of  the  State  Workhouse. 

Name  changed  to  "  State  farm."     St.  1887,  264. 

A  new  board  is  established.  St.  1884,  297  ;  1891,  299.  (See  1883,  279 ; 
1887,  264.) 


824  Changes  in  the  [Cuaps.  89-9i. 

Provision  for  an  asylum  for  insane  criminals.     St.  1886,  219  ;  189o,  390. 

Skct.  4:  amended.     St.  188G,  101  §  4. 

Sects.  5-8.  Persons  not  being  sentenced  inmates,  who  escape  and 
within  one  year  are  found  begging,  may  be  punished.  St.  1884,  258.  (See 
1889,  245.) 

Provision  made  for  transfer  of  prisoners  to  and  from  the  State  farm. 
St.  1884,  297;  1887,  292;  1890,  180,  278. 

Chapter  89.  — Of  the  State  Primary  and  Reform  Schools  and  the  Vis- 
itation and  Reformation  of  Juvenile  Offenders. 

Sects.  1,  8.  l^rimary  and  reform  schools  changed  to  Lyman  school ;  and 
authority  of  trustees  extended  and  connnitments  regulated.  St.  1884,  323  ; 
1885,  86,  151 ;   1895,  428.      (See  1884,  255  §  11.) 

Sects.  4,  5.  Provision  made  for  care  and  maintenance  of  pauper  chil- 
dren between  the  ages  of  three  and  sixteen  having  no  settlement.  St. 
1882,  181  ;   1883,  232  §  3  ;  1886,  330.     (See  1888,  248.) 

Sects.  5,  7  amended.     St.  1886,  101  §  4. 

Sect.  15  et  seq.  Girls  committed  by  United  States  courts  are  to  be  sent 
to  the  State  industrial  school  for  girls."    St.  1887,  426  §  2. 

Arrests  and  commitments  of  children  regulated.  St.  1882,  127,  181 
§  3;  1883,  110;  1884,  255  §  11,  323  §  3 ;  1888,  248.  (See  1887,  266; 
1889,  469.) 

No  boy  over  fifteen  shall  be  committed  to  the  Lyman  school.  St.  1884, 
255  §  11,  323  §  3. 

Sect.  18.  Summons  to  be  issued  to  children  under  twelve.  St.  1882, 
127  §  3. 

Sect.  20.     New  provision  made  as  to  notice  of  complaint.    St.  1883,  110. 

Sect.  33.  Fees  and  charges  of  salaried  officers  regulated.  St.  1889, 
469;   1890,  440;  1891,  325. 

Sect.  45.  Trustees  may  discharge  boys  for  mental  incapacity  or  bodily 
infirmity.     St.  1889,  123. 

Sects.  49,  51  repealed.  St.  1888,  248  §  2.  (See  1882,  181  §  3; 
1887,  266.) 

Chapter  90.  — Of  Contagious  Diseases  among  Cattle,  Horses  and  other 

Domestic  Animals. 

This  chapter  is  repealed  and  revised.     St.  1887,  252  ;  1892,  195,  432  ; 

1894,  491  ;   1895,  476,  496.      (See  1884,  232  ;  1885,  148,  378  ;  1887,  250  ; 

1893,  306.) 

Chapter  91.  —  Of  Inland  Fisheries  and  Kelp. 
The  commissioners  shall  be  game  commissioners  also.    St.  1886,  276  §  7  ; 

1895,  56. 

Fishing  is  regulated  in  various  places :  Barnstable  county  ;  St.  1884, 
264;   1887,  120.      (See  1885,  193;    1886,  202;   1887,  120.)"  Bass  river; 

1894,  134.  Berkshire;  1888,276;  1890,193;  1895,  199.  Bourne;  1891, 
164.  (See  1889,  202.)  Brimfield ;  1895,  411.  Bristol;  1882,  189. 
Buzzard's  bay;  1884,  214  §  2;  1886,  192;  1891,  327;  1893,  205,  255. 
(See  1887,  197;   1890,  229.)     Dennis;   1895,  203.     Dukes;   1884,245; 


Chap.  91.]  PUBLIO   STATUTES.  825 

1886,  234.  (See  1882,102;  1895,  180.)  Eastham ;  1893,  77.  Edgar- 
town;  1882,  65;  1885,  247;  1886,  234;  1891,  52.  (See  1882,  65;  1885, 
247.)  Essex;  1888,126;  1893,36.  Franklin,  Hampden  and  Hampshire  ; 
1890,193.  Marion;  1892,188;  1893,255.  Marshfield ;  1889,292;  1890, 
336.  Mashpee;  1884,264;  1892,  196.  Mattapoisett ;  1884,214;  1890, 
229;  1892,  186.  (See  1887,  197.)  Merrimack  river ;  1882,  166;  1883, 
31,  121  ;  1884,  317;  1893,  201  ;  1895,  88.  (See  1894,  113.)  Nantucket; 
1891,  128.  (See  1887,  96;  1888,  238.)  Norwell  and  Pembroke;  1889, 
292;  1890,  336.  Plum  Island  bay  (tributaries);  1887,  105;  1890,  30. 
Plymouth;  1884,199;  1886,163;  1889,292;  1890,336.  (See  1883,  76.) 
Randolph;  1889,  78.  Scituate ;  1889,  292;  1890,  336.  Wellfleet  bay; 
1891,  135.      (See  1889,  179.)     Westport ;   1887,  193;  1891,  137. 

Persons  violating  the  fish  laws  may  be  arrested  without  a  warrant  in  cer- 
tain cases.     St.  1893,  105. 

Commissioners  may  forbid  discharge  of  sawdust  from  a  mill  into  a  brook. 
St.  1890,  129. 

The  catching  of  pickerel  is  restricted.     St.  1888,  331.     (See  1895,  199.) 

Squani  pond,  Gloucester,  granted  to  the  United  States  fish  commission 
for  ten  years.     St.  1892,  43. 

Provision  made  for  protection  of  traps,  trawls  and  seines.    St.  1882,  53. 

A  bounty  provided  for  destruction  of  seals.     St.  1888,  287  ;   1892,  234. 

Sect.  3.     See  St.  1893,  105. 

Sects.  10-24.     Use  of  nets  in  ponds  restricted.     St.  1884,  318. 

An  act  for  the  protection  of  great  ponds.     St.  1888,  318. 

Sect.  12.  The  provisions  for  leasing  great  ponds  are  repealed.  St. 
1885,  109.      (See  1889,  354;  1895,  180.) 

Sect.  16.  Proceedings  against  defaulting  lessees  regulated.  St.  1886, 
248. 

Sect.  17.     See  St.  1886,  248  §  2. 

Sect.  25.  Provision  for  flowing  lands  in  Barnstable  for  fish  culture. 
St.  1889,  383. 

Sect.  26  not  repealed  by  St.  1892,  252. 

Sect.  31.     Rights  of  riparian  proprietors  extended.     St.  1890,  231. 

Sects.  36,  39.  Use  of  nets  and  seines  in  Merrimack  river  regulated. 
St.  1882,  166  ;  1883,  31,  121 ;  1884,  317.     (See  1882,  53.) 

Sect.  41.     Certain  fisheries  exempted.     St.  1884,  199. 

Sects.  45,  46.     See  St.  1894,  113. 

Sects.  51-53.  Close  time  for  trout,  land-locked  salmon  and  lake  trout 
established.  St.  1884,  171;  1888,  276;  1890,  193;  1891,  138.  (See 
1893,  105.) 

Trout  not  less  than  nine  inches  long,  artificially  reared,  may  be  sold  for 
food  in  February  and  March.     St.  1895,  277. 

Sale  of  trout  less  than  six  inches  in  length  forbidden.     St.  1892,  252. 

Furnishing  trout  and  trout  spawn  by  the  Commonwealth  regulated.  St. 
1893,  59. 

Sect.  55.     See  St.  1888,  126. 

Sect.  56.     Close  season  for  black  bass  changed.     St.  1893,  80. 

Sects.  57,  59.  Smelt  fishery  regulated  in  certain  waters.  St.  1887, 
105;  1890,  30;   1891,  128;   1894,  189. 


826  Changes  in  the  [Chap.  92. 

Sects.  G8,  69.  Cities  and  towns  mav  regulate  or  prohibit  taking  of  eels 
and  shell-fish.  St.  1889,  391.  (See  'l8»9,  64;  1892,  186,  188;  1893, 
55,  255.) 

Sect.  70.  Rights  acquired  under  this  section  not  affected  by  St.  1886, 
192;  1887,  197;  1890,  229;   1891,  327;   1893,  205. 

Sects.  73,  74  apply  to  owners  of  traps  or  contrivances  for  catching 
lobsters.     St.  1889,  109. 

Sect.  76.     See  St.  1882,  102;  1884,  245,  264;   1887,  120. 

Sect.  81  et  seq.  Provisions  for  protection  of  lobsters.  St.  1882,  98 ; 
1884,  212;  1885,  256;  1887,  314:  1889,  109;  1890,  293;  1891,  122; 
1893,  183.     (See  1892,  403;  1893,  105.) 

Sect.  84.     See  St.  1884,  212  ;  1887,  314. 

Sect.  85.     See  St.  1887,  314  §  2. 

Sects.  93,  94.  The  planting  and  taking  of  oysters  are  regulated.  St. 
1884,  284;  1885,  220;  1886,  299;  1895,  282.  Taking  oysters  restricted 
in 'Westport ;  St.  1887,  119.     In  Yarmouth  ;  St.  1892,^74. 

The  planting  and  digging  of  clams  are  regulated  in  certain  places.  St. 
1888,  198,  202;   1889,^64. 

Sect.  95.  The  taking  of  scallops  regulated  in  certain  places.  St.  1887, 
96  ;  1888,  223,  238  ;   1892,  188  ;   1893,  55,  172.      (See  1885,  220  §§  3,  4.) 

Sects.  77-101  extended  to  waters  where  there  are  no  natural  oyster  beds. 
St.  1884,  284.     And  to  oyster  shells  planted  to  catch  seed.     St.  ^1895,  282. 

Use  of  dredge,  tonas,  etc.,  on  private  oyster  beds  forbidden  without  con- 
sent of  owners.     St.  1885,  220  §  5.      (See  1893,  105.) 

The  granting  of  ovster  licenses  regulated.  St.  1885,  220  ;  1886,  299. 
(See  1884,  284.) 

Sect.  104.  Paj^ment  of  fines  and  forfeitures  regulated.  St.  1890,  390 
§  3.     (See  1887,  314  §  2.) 

Chapter  92.  —  Of  the  Preservation  of  Certain  Birds  and  other  Animals. 

This  chapter  is  repealed  and  revised.  St.  1886,  276  ;  1887,  300  ;  1888, 
292;  1891,  142,  254;  1892,  102;  1893,  49,  105,  189,  398;  1894,  97,  101, 
205;  1895,55.  (See  1882,  199;  1883,  36,  169;  1884,  282,  308;  1886, 
246;   1887,  211;  1888,  269;   1890,  237,  249.) 

The  fish  commissioners  are  made  game  commissioners  also.  St.  1886, 
276  §  7.      (See  1895,  56.) 

Persons  found  violating  the  game  laws  maj*  be  arrested  without  a  war- 
rant in  certain  cases.     St.  1893,  105. 

Provision  made  for  protection  of  game  and  prevention  of  trespass  on 
private  land.     St.  1884,  308  ;  1890,  403,  410.     (See  1886,  276  §  4.) 

Liberating  a  fox  or  raccoon  in  Dukes  county  is  prohibited.  Provision 
for  a  reward  for  their  destruction.     St.  1890,  237. 

Sects.  1,  2.  The  close  time  for  grouse,  woodcock,  quail  and  ducks  is 
regulated.  Killing  pinnated  grouse  at  anytime  forbidden.  St.  1894,  205. 
(See  1886,  276  §1  ;  1888,  292;  1890,  249;  1891,  142;  1893,  189,  398.) 
Quail  are  protected  in  Nantucket.     St.  1893,  49.     (See  1894,  102.) 

Mongolian,  P^nglish  and  golden  pheasants  are  protected.  St.  1895,  55. 
(See  Res.  1894,  79.) 

Sect.  3.     Shooting  black  duck  in  Plymouth  bay  and  harbor  regulated. 


Chaps.  94^100.]  PuBLIC   STATUTES.  827 

St.  1888,  269.  Shooting  wild  fowl  from  boats  in  certain  waters  of  Nan- 
tucket is  forbidden.     St.  1886,  246. 

Pursuit  of  wild  fowl  with  a  boat  propelled  by  any  other  means  than  sails, 
oars  or  paddles  is  prohibited.     St.  1892,  102.     (See  1886,  246,  276.) 

Sect.  6.  Provision  made  for  extermination  of  the  English  sparrow.  St. 
1890,  443.      (See  1883,  36  ;  1886,  276  §  4.) 

Sect.  7.  Trapping  or  snaring  of  certain  game  and  use  of  ferrets  are 
made  offences.  St.  1886,  276  "§  6;  1887,  300;  1891,  254.  (See  1884, 
308;  1893,  105.) 

Sects.  8-10.  Further  provision  for  protection  of  deer.  St.  1882,  199  ; 
1883,  169.     (See  1893,  105.) 

Sect.  9.     Close  season  extended.     St.  1894,  97. 

Chapter  94.  —  Of  Tinabei'  afloat  or  cast  on  Shore. 

Floating  of  timber  in  Connecticut  river  regulated.  St.  1882,  274  ;  1883, 
183. 

Chapter  97.  —  Of  Wrecks  and  Shipwrecked  Goods. 

This  chapter  is  revised.     St.  1887,  98.      (See  1883,  260  :   1885,  341.) 
Provision  made  for  removal  of  wi'ecks  and  obstructions  in  tide-waters. 
St.  1883.  260. 

Chapter  98. —Of  the  Observance  of  the  Lord's  Day. 

Sects.  1,  2,  3  are  repealed  and  the  observance  of  the  Lord's  day  regu- 
lated.    St.  1895,  434.      (See  1886,  82;  1887,  391  ;   1893,  41.) 

The  provisions  of  this  chapter  are  not  a  defence  to  actions  for  injuries 
to  a  traveller  on  the  Lord's  day.     St.  1884,  37. 

Sects.  13,  15  amended.     St.  1887,  391  §  3. 

Chapter  99.  — Of  Gaming. 

Provision  made  for  recover}^  of  payments,  etc.,  made  on  wagering  con- 
tracts in  securities  and  commodities.     St.  1890,  437.     (See  1892,  138.) 

Provisions  against  gaming  houses  and  resorts.  St.  1885,  342  ;  1887, 
448;  1892,  388;  1894,  410;  1895,  419.  (See  1883,  120;  1885,  66;  1887, 
380;  1890,  439  §  2;  1893,  226.)  And  against  lotteries,  policy  lotteries 
and  pool  selling.     St.  1892,  409  ;   1895.  419. 

Sects.  1,  2  amended.     St.  1895,  419  §§  11,  12. 

Sect.  8  amended.     St.  1885,  342.     (See  1894,  410.) 

Sect.  10  repealed.     St.  1895,  419  §  14. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Provision  made  for  license  boards  in  certain  cities.  St.  1894,  428 ; 
1895, 379. 

The  disposal  or  placing  on  file  of  liquor  cases  is  restricted.  St.  1885, 
359. 

A  penalty  is  provided  for  employing  a  person  under  eighteen  to  serve 
liquor.     St".  1890,  446. 

Provision  is  made  to  prevent  illea'al  sale  of  liquor  in  clubs.  St.  1887, 
206:  1890,439;   1893,226;   1894,^542. 


828  Changes  in  the  [Chap.  loo. 

Sect.  1.  Sweet  cider  and  light  wines  exempted  in  certain  cases.  St. 
1894,  489. 

Sects.  2,  3,  o,  8,  10.  Licenses  to  and  sales  by  druggists  and  apotheca- 
ries regulated.  St.  1887,  431 ;  1893,  472  §  4 ;  1894,  435.  (See  1885, 
313;   1887,  267;   1889,  270.) 

Sect.  5  et  seq.  The  granting  of  licenses  is  further  limited  and  regulated. 
St.  1882,  220,  222,  242,  259;  1883,  93;  1884,  158:  1885,83,90,216, 
323  §  2  ;  1887,  323,  392,  431  ;  1888,  139,  254,  262,  340,  341 ;  1889,  270, 
344,  347,  361  ;  1890,  446  ;  1891,  369  ;  1892,  280  ;  1894,  435.  (See  1886, 
323  §  2  ;  1893,  148  ;   1894,  428.) 

Number  of  places  to  be  licensed  limited.     St.  1888,  340. 
Transfer  of  locality  of  licenses  provided  for.     St.  1889,  344. 
Licenses  in  summer  resorts  provided  for.     St.  1888,  340;   1892,  280. 
Sect.  7.     Objection  may  be  made  by  owner  of  real  estate  within  twenty- 
five  feet  of  premises.     St.  1887,  323. 

Sect.  9.     Sales  at  night  regulated.     St.  1882,  242  ;  1885,  90. 
CI.  4  extended  to  persons  supported  by  public  charity.     St.  1884.  158. 
CI.  5  revised.     Selling  liquor  at  a  table  in  a  bar-room  prohibited.     St. 
1891,  369. 

Sect.  10,  els.  1-5.  Sale  or  delivery  is  forbidden  on  election  days  and 
certain  holidays.  St.  1885,  216;  1888,  254,  262;  1889,  347,  361  ;  1894, 
130;  1895,  337.      (See  1885,  90;   1889,  186.) 

And  may  be  forbidden  in  cases  of  riot  or  great  public  excitement.  St. 
1887,365. 

Cls.  1-3.  No  license  of  these  classes  shall  be  for  a  building  within  four 
hundred  feet  of  a  public  school.     St.  1882,  220. 

Cls.  1-5.  No  license  of  the  first  five  classes  shall  be  granted  to  be  ex- 
ercised in  a  dwelling-house  or  a  store  having  interior  connection  with  a 
dwelling.     St.  1888,  139. 

Licenses  of  the  sixth  class  limited  and  regulated.     St.  1887.  431  ;  1894, 
435.     (See  1885,  313;  1887,  267;   1889,  270;  1893,  227,  472.) 
Sect.  11.     The  minimum  fees  are  increased.     St.  1888,  341. 
Sect.  12.     View  of  interior  of  the  premises  must  not  be  obstructed. 
St.  1882,  259. 

Sect.  13.  Further  requirements  of  sureties  provided  for.  St.  1882,  259. 
No  one  shall  be  surety  on  more  than  ten  bonds.  St.  1894,  388.  The  form 
of  bond  is  changed.    'St.  1888,  283. 

Sect.  16.  License  shall  be  void  on  conviction  of  violation  of  any  provi- 
sion of  the  liquor  laws.     St.  1887,  392. 

Sect.  18  is  extended  to  common  victuallers.  St.  1882,  242.  The  pen- 
alties are  modified.     St.  1889,  114,  268. 

Sect.  24.  Sales  to  a  minor  for  his  own  or  any  other  person's  use  are 
forbidden.     St.  1889,  390. 

Sale  to  children  under  sixteen  of  candy,  or  other  article,  enclosing  a 
liquid  containing  more  than  one  per  cent,  of  alcohol  is  forbidden.  St. 
1891,  333. 

Sect.  25  is  extended  to  sales  by  druggists  except  on  physicians'  prescrip- 
tions. The  mayor  or  selectmen  may  give  the  notice  and  sue  for  benefit  of 
husband,  wife,  child,  parent  or  guardian.     St.  1885,  282. 


Chaps.  101, 102.]  PuBLIO   STATUTES.  829 

Sect.  26.     Additioual  facts  m&de  pri7na  facie  evidence.     St.  1887,  414. 
Sect.  27  is  revised  and  new  definition  made.     St.  1888,  219. 
Sect.    29.      The   inspection   and   analysis   of   liquors   regulated.      St. 
1882,  221. 

Salary  of  inspector  and  assayer  fixed.     St.  1887,  232,      (See  1885^  224 ; 

1886,  175.) 

Sect.  30.  A  search  warrant  may  be  issued  by  a  justice  authorized  to 
issue  warrants  in  criminal  cases.     St.  1884,  191.      (See  1884,  286.) 

Sects.  30,  33.  Implements  of  sale  and  furniture  used  or  kept  to  be 
used  for  illegal  keeping  or  sale  of  liquor  may  be  seized,  and  may  be 
destroyed  or  sold  as  court  may  order.     St.  1887,  406  ;  1888,  297. 

Sect.    38.      Provision  made   for  disposition  of  forfeited  liquors.     St. 

1887,  53;   1888,  297.      (See  1887,  406.) 

Sect.  40.     Costs  increased  in  certain  cases.     St.  1888,  277. 
Sect.  45.     Clubs  may  be  licensed.     St.   1887,  206.      (Sec  1890,  439; 
1893,  226;   1894,  542.) 

Chapter  101. —  Of  the  Suppression  of  Common  Nuisances. 

Sect.  6.  Provision  for  suppression  of  nuisances  under  this  section. 
St.  1887,  380.     (See  1887,  206.) 

St.  1887,  414,  applies  to  cases  under  this  chapter.  St.  1887,  414  §  3. 
Additional  costs  allowed  in  certain  cases.     St.  1888,  277. 

Chapter  102.  — Of  Licenses  and  Municipal  Regulations  of  Police. 

Provision  made  for  registration  of  pharmacists.  St.  1885,  313  ;  1887, 
267;  1893,  227,  472.  (See  1894,  435.)  Of  dentists.  St.  1887,  137.  Of 
plumbers,  and  inspection  of  their  work  and  materials.  St.  1888,  105  ;  1893, 
477  ;  1894,  455  ;  1895,  453.  (See  1882,  252  §  2  ;  1892,  419  §§  120,  138.) 
And  of  physicians  and  surgeons.     St.  1894,  458;  1895,  412. 

And  for  licenses  for  infant  boarding-houses.  St.  1892,318.  (See  1882, 
270  §  3  ;  1889,  309,  416  ;  1891,  194.)  And  for  license  to  make,  alter  or 
repair  clothing  for  sale  in  a  private  house.  St.  1893,  246.  (See  1891, 
357:  1892,296.)  And  for  itinerant  vendors  of  merchandise.  St.  1890, 
448. 

Licenses  are  required  for  certain  steam  boilers.  St.  1895,471.  (See 
1895,  418.) 

Sect.  2  amended.  Provision  made  for  license  commissioners  in  certain 
cities.     St.  1894,  235,  428. 

Sect,  4.     Time  of  graut  and  expiration  of  licenses  changed.    St.  1890,  73. 

Sect.  5.     See  St.  1885,  316  ;  1893,  436. 

Sects.  12,  15.     Liability  of  innholders  further  limited.     St.  1885,  358. 

Sect.  13  extended  to  boarding-houses.  St,  1883,  187.  Maximum  fine 
decreased.  St.  1884,169.  Disposition  of  unclaimed  or  retained  baggage, 
etc.,  regulated.     St.  1893,  418;  1894,  181. 

Public  lodging-houses  in  Boston  must  be  licensed.     St.  1894,  414. 

Sect.  21.  Words  "who  is  a  minor"  added  after  "  student."  St.  1893, 
292  §  1. 

Sect.  23  is  repealed.     St,  1893,  292  §  2, 

Sect,  26,     Intelligence  offices  are  regulated,     St,  1894,  180, 


830  Changes  in  the  [Chap.  102. 

Sect.  33.  Articles  of  personal  apparel  are  not  to  be  deemed  perishable 
within  the  meaning  of  this  section.     St.  1884,  324. 

Sects.  33-37.  The  business  of  making  loans  on  deposits  or  pledges  of 
personal  property  is  regulated.  St.  1890,  416;  1895,  497.  (See  1885, 
252;  1888,  388;  1892,  428.) 

Sect.  34.  St.  1888,  388,  does  not  appl}^  to  licensed  pawnbrokers  and 
does  not  affect  this  section.     St.  1890,  416  §  6. 

Sect.  35.  Any  district  police  ofHcer  may  enter  and  examine  pawnshops. 
St.  1888,  243. 

Sect.  39.  Provision  for  licenses  for  stables.  St.  1890,  230,  395  ;  1891, 
220;  1895,  213.     (See  1889,  89.) 

No  livery  stable  shall  be' within  two  hundred  feet  of  a  church,  etc.,  with- 
out consent  of  the  society  worshipping  therein.     St.  1891,  220  §  2. 

Sects.  40-53  repealed  so  far  as  they  relate  to  the  city  of  Boston  and 
other  provisions  made.     St.  1892,  419. 

Sect.  49.     See  St.  1893,  387. 

Sect.  54.  Cities  and  towns  may  regulate  sale  or  use  of  toy  pistols,  toy 
cannon  and  articles  in  which  explosive  are  used.     St.  1882,  272. 

Fire-arms  or  dangerous  weapons  ma}'  not  be  sold  or  furnished  to  persons 
under  fifteen.     St.  1884,  76. 

Sect.  56.  Provision  made  for  notice  to  chief  engineer,  etc.,  of  place  of 
storage  of  gunpowder  and  explosive  compounds.     St.  1882,  269. 

Sects.  69-75.  Kegulations  for  pi'eparation,  storage,  inspection  and  sale 
of  kerosene  and  petroleum  products  and  erection  of  buildings  therefor. 
St.  1885,  98,  122;   1894,  399.      (See  1882,  250.) 

Sects.  80-84.  The  licensing  of  dogs  is  further  regulated.  St.  1885, 
292;  1886,  259  §  2;   1887,  135,  307;  1890,  72;  1892,  50. 

The  keeping  of  blood-hounds  and  other  like  dogs  is  restricted.  St.  1886. 
340;  1892,  50. 

Special  licenses  may  be  granted  for  breeding  purposes.     St.  1887,  307. 

Bond  required  to  account  for  receipts  from  dog  licenses.  St.  1888,  320. 
Time  for  payment  of  such  receipts  changed.     St.  1886,  259. 

Sect.  83  amended.     St.  1886,  101  §  4. 

Sect.  86.  Provision  for  recording  licenses  in  cases  of  transfer.  St. 
1884,  185. 

Sect.  98  et  seq.  The  law  as  to  damages  to  domestic  animals,  etc.,  by 
dogs  is  revised.     St.  1889,  454;   1894,  309.      (See  1886,  259  §  1.)  ^ 

Sect.  115  amended.  No  license  shall  be  granted  for  Sunday  exhibi- 
tions.    St.  1895,  434  §  3.      (See  1894,  353.) 

Sects.  115-127.  Provision  for  licensing  skating  rinks.  St.  1885,  196, 
And  picnic  groves.     St.  1885,  309.     (Seel887,  445.) 

Admission  of  childicn  to  places  of  amusement  regulated.     St.  1883,  446 

Sects.  116-119.  Municipal,  district  and  police  courts  have  jurisdiction 
under  these  sections.     St.  1887,  293. 

Sect.  124.  Rate  and  manner  of  payment  for  these  licenses  changed. 
St.  1882,  258.      (See  1894,  180.) 

Fee  for  pawnbrokers'  license  established  in  certain  cases.  St.  1895. 
497  §  2. 

Hawking  and  peddling  restricted,  and  gaming,  horse-racing  and  shows 


Chaps.  103, 104.]  PuBLIO   STATUTES.  831 

forbidden  within  one-half  mile  of  licensed  groves  for  picnics,  etc.  St. 
1887,  445.      (See  1885,  309.) 

Chapter  103.  —  Of  the  District  and  Other  Police. 

The  laws  relating  to  the  inspection  department  of  the  district  police  are 
re\ised.  St.  1894,  481.  (See  1888,  113,  389,  42G  ;  1891,  302,357  §  6; 
1893,  111,  199,  387  ;  1894,  337,  341.) 

Special  oflicers  appointed  in  an  emergency  must  be  residents  of  the  State. 
St.  1892,  413. 

Tenure  of  police  officers  regulated  in  certain  cities.     St.  1890,  319. 

Police  matrons  required  in  certain  cities.     St.  1887,  234  ;  1888,  181. 

Pensions  are  provided  for  in  Boston.     St.  1887,  178  ;  1892,  353. 

Sect.  1.  Number  of  district  police  increased.  St.  1885,  131  ;  1887, 
256  ;  1888,  389,  426  §  13  ;  1891,  357  §  6  ;  1895,  310,  396,  418  §  8.  (See 
1885,  158.) 

The  requirement  of  an  examination  by  a  justice  is  repealed.  St.  1885, 
186.      (See  1884,  190.) 

Sect.  3.     Clerks  provided  in  chief's  office  and  their  salaries  fixed.     St. 

1890,  137;   1892,  249. 

Sect.  5.     Salaries  fixed.     St.  1887,  127;  1892,  128. 

Sect.  10.  Duties  of  inspectors  extended.  St.  1887,  218;  1888,  149 
§  3,  316,  399,  426  ;  1891,  357  ;  1895,  144  §  3.  (See  1882, 266  §  6  ;  1885, 
326;  1887,219,226;   1888,207;    1890,438;   1891,  261  ;  1893,  387.) 

An  appeal  is  given  from  certain  orders  of  inspectors.     St.  1890,  438  : 

1891,  261. 

Sect.  11  is  repealed.  St.  1894,  481.  (See  1886,  260  §  3  ;  1890,  83; 

1893,  111.) 

Sect.  13.     Street  railway  police  provided  for.     St.  1895,  318. 

Sect.  15.  Railroad  police  shall  be  sworn.  Tenure  of  office  regulated. 
St.  1883,  65.  They  are  to  be  paid  no  witness  fees  in  certain  cases.  St. 
1890,  440  §  9. 

Chapter  104. —Of  the  Inspection  of  Buildings. 

An  act  to  authorize  the  establishment  of  a  building  line  on  public  ways. 
St.  1893,  462. 

The  height  of  buildings  in  cities  is  restricted.     St.  1891,  355. 

Sects.  1-14,  21,  22  and  24  are  repealed  and  the  erection  and  construc- 
tion of  buildings  to  be  used  for  certain  public  purposes  are  regulated.     St. 

1894,  382, 481, 508.  (See  1882, 208,  266  ;  1883, 173, 251 ;  1884,  52, 223  ; 
1885,  326  ;  1886,  173  ;  1887,  103  §  3,  173,  218 ;  1888,  113,  207,  305,  316  ; 
1890,  83,  179,  307,  438;  1892,  419;  1893,  111,  199,  387;  1894,  337, 
341.) 

Building  law  for  Boston.  St.  1892,  419;  1893,  170,  293,  297,  464; 
1894,  257,  443;  1895,  97,  239,  280,  314.  (See  1888,  316;  1893,  199.) 
Public  lodgiug-houses  in  Boston  regulated.  St.  1894,  414.  (See  1883, 
251  §  2;    r»88,  426;    1892,  410.) 

Sects.  4-12.  Provision  made  for  inspection  and  proceedings  under  these 
sections.     St.    1888,   149,   316,   399,  426;   1890.  438;   1891,  261.     (See 


832  •  ChAKGES  in  the  [Chap.  105. 

1892,  419.)  And  for  inspection  of  certain  steam  boilers.  St.  1895,  418. 
(See  1895,471.) 

Sect.  6.  Provision  for  appointment  of  officers  where  there  is  no  engi- 
neer.    St.  1888,  399  §  4. 

Skct.  8.  Appeal  given  from  orders  of  district  police  inspectors.  St. 
1890,  438;   1891,  261. 

Sect.   12.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Sects.  13-24.  In  manufacluriug  establishments  run  by  steam  the  engi- 
neer's room  must,  if  required  by  inspector,  have  means  to  communicate 
with  machinery  rooms,  and  to  control  the  power.  St.  1886,  173;  1890, 
179. 

Skct.  14.     Extended  to  mercantile  and  public  buildings.     St.  1882,208. 

The  use  of  elevators  is  further  regulated.     St.  1882,  208;  1883,   173; 

1890,  90. 

Sects.  15-20  are  repealed  and  the  provisions  for  precautions  against  fire 
are  revised  and  extended.  St.  1882,  251;  1884,  223;  1888,  86,  426; 
1894,  382.  (See  1882,  266;  1884,  52;  1888,207,316,399,426;  1890, 
307;   1892,419;   1893,199;   1894,341;   1895,418.) 

Sect.  19.  No  inside  or  outside  door  of  factory,  etc.,  shall  be  fastened 
during  working  hours.     St.  1884,  52. 

Sect.  20.  Theatres  must  have  approved  fu-e-resistiug  curtains.  St. 
1888,  426  §  1.  (See  1888,  207.)  Audience  hall  shall  not  be  above  second 
floor.     St.  1894,  382. 

Provision  for  securing  proper  sanitary  precautions  in  school-houses,  fac- 
tories and  workshops.  St.  1894,  508"^  (See  1887,  103  §  3,  173,  218; 
1888,  149,  305;  1891,  261.) 

Sect.  23  is  revised.  St.  1887,  276.  (See  1882,  266  §  4;  1887,  219; 
1888,  426.) 

Sect.  24  is  made  to  apply  to  sections  16  to  21.     St.  1882,  266  §  5. 

Chapter  105. —Of  Certain  Powers,  Duties  and  Liabilities  of 
Corporations. 

Change  of  name  of  corporations  subject  to  provisions  of  chapters  106- 
119  provided  for.  St.  1891,  360  ;  1892,  198,  201.  (See  1891,  257  ;  1895, 
104.) 

Assuming  name  of  another  corporation,  or  a  similar  name,  is  restricted. 
St.  1891,  257.      (See  1888,  413  §  27,  429  §  2.) 

Conditions  prescribed  for  foreign  corporations  doins  business  here.  St. 
1882,    106;    1883,    74;    1884,   330:    1886,    230;    1889,  393;    1890,  329; 

1891,  341 ;  1894,  381,  476,  541  ;  1895,  157,  311.  (See  1887,  214  §§  77-88, 
91,  92;  1888,  321,  429;  1889,  356,  427,  452;  1890,  197,  199,  304,  310, 
321;   1891,   275,  368,  403;   1892,  129;   1893,  103;   1894,  522.) 

Penalties  for  fraud  of  officers  and  stockholders  extended  to  foreign  cor- 
porations doing  business  here.     St.  1895,  157. 

Issuing  obligations,  to  be  redeemed  in  numerical  or  arbitrary  order  of 
precedence,  is  prohibited.     St.  1891,  382. 

Provision  for  insolvency  proceedings  by  or  against  certain  foreign  cor- 
porations.    St.  1890,  321. 

Safe  deposit,  loan  and  trust  companies  are  subject  to  the  duties,  restric- 


Chap.  106]  PuBLIC   STATUTES.  833 

tious  and  liabilities  set  forth  in  this  chapter.  St.  1888,  413.  (See  1887, 
89;   1889,342,452;   1890,315;   1892,327;  1893,114;   1894,274.) 

Sects.  14,  15  are  repealed,  but  officers  may  be  removed  for  previous  vio- 
lations of  section  14.     St.  1889,  222. 

Sects.  18,  19  are  repealed,  and  the  issue  of  stock  or  scrip  dividends  by 
certain  corporations  is  prohibited.     St.  1894,  350. 

Sect.  20.  Issue  of  new  stock  and  bonds  by  certain  quasi-public  cor- 
porations regulated.     St.  1894,  450,  452,  462,  472,  476,  501,  502. 

Sect.  21.  Stockholder  may  require  list  of  stockholders  filed  in  office  of 
secretary  of  the  Commonwealth.     St.  1889,  222  §  3. 

Sect.  24.  No  record  is  necessary  for  the  transfer  of  stock.  St.  1884, 
229. 

Sect.  28.  See  St.  1884,  268,  330  ;  1888,  321  ;  1889,  393  ;  1890,  321 ; 
1894,  384. 

Sect.  42.     The  time  limit  is  stricken  out.     St.  1884,  203. 


Chapter  106.— Of  Manufacturing  and  Other  Corporations. 

Corporations  created  under  this  chapter  may  issue  special  stock,  to  be 
held  by  their  emploj'ees  only.     St.  1886,  209. 

Manufacturing  corporations  may  support  free  beds  in  hospitals  for  use 
of  tlieir  employees.     St.  1889,  258. 

Sects.  3,  4,  51.  Corporations  governed  by  these  sections  may  change 
their  business  under  section  51.     St.  1885,  310. 

Sect.  6  et  seq.  Corporations  to  examine  and  guarantee  titles  of  real 
estate  are  authorized  and  regulated.  St.  1884,  180  ;  1887,  214  §§  62,  63. 
And  for  the  cremation  of  the  dead.  St.  1885,  265.  (See  1886,  101  §  4  ; 
1888,  306  §  2.) 

Sects.  7,  8,  13,  14.     Par  value  of  shares  regulated.     St.  1894,  500. 

Sect.  11  extended  to  hydrostatic  and  pneumatic  pi-essure  for  mechanical 
power.     St.  1891,  189;  1893,  397. 

Sects.  11,  52,  75  extended  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 

Sect.  13  extended  to  include  buildings  for  manufacturing  and  mechani- 
cal purposes.     St.  1888,  116. 

Sect.  17.  Method  established  for  change  of  name  of  corporations  sub- 
ject to  provisions  of  chapters  82,  106-119,  and  acts  amendatory  thereof. 
St.  1891,  360;   1892,  198,  201. 

Sect.  27.  Clause  as  to  proxy  or  attorney  casting  more  than  fifty  votes 
is  repealed.     St.  1888,  188.      (See  1889,  222.) 

Sect.  34  et  seq.  Increase  of  stock  of  certain  quasi-public  corporations 
regulated.     St.  1894,  450,  452,  462,  472,  476,  501,  502.     (See  1890,  371.) 

Sects.  39-41  are  repealed,     St.  1894,  472. 

Sect.  50.  Certain  foreign  corporations  may  hold  real  estate  here.  St. 
1888,  321  ;  1895,  387.      (See  1884,  330.) 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.  St.  1887,  385.  (See  1885,  240.)  Fee  for  filing  certifi- 
cate fixed      St.  1895,  169. 

Sects.  54,  55,  59,  81,  82,  84.    All  corporations,  with  certain  exceptions, 


834  Changes  in  the  [Chaps.  107-112, 

are  subject  to  these  sections  and  must  make  the  certificates  and  return 
therein  required.     St.  1887,  225. 

Any  stockholder  may  require  a  list  of  stockholders  to  be  filed.  St.  1889, 
222  §*3. 

The  certificates  are  deemed  to  be  recorded  by  the  act  of  filing.  They 
are  to  be  preserved  in  book  form.     St.  1890,  199. 

Sects.  G2-71  appl}^  to  mortgage  loan  and  investment,  and  safe  deposit, 
loan  and  trust  companies.     St.  1888,  .'387  §  11,  413  j?  14. 

Sfxt.  75  et  seq.  A  board  of  gas  and  electric  light  commissioners  is 
established,  and  the  business  of  the  companies  is  regulated.  St.  1885,  240, 
314;  1886,  250,  346;  1887,  38!>,  385;  1888,  350,  428;  1889,  169,  373; 
1890,  252;  1891,  370;  1892,  67,  259,  263,  274;  1893,  454;  1894,  182, 
299,  316,  327,  432,  448,  450. 

Chapter  107.  — Of  Swine  Slaughtering  Associations. 

Sect.  2  is  amended.     St.  1886,  101  §  4. 

Chapter  109.  —  Of  Companies  for  the  Transmission  of  Intelligence 

by  Electricity. 

This  chapter,  except  sections  16  and  18,  applies  to  lines  for  electric  lisht. 
St.  1883,  221. 

The  erection  and  use  of  wires  for  telegraph ,  telephone  and  electric  light- 
ing are  regulated.  St.  1883,  221  ;  1884,  302,  306  ;  1885,  267,  380  ;  1887, 
382,  385;  1889,  398,  4.34;  1890,  404  :  1891,  370;  1892,  274;  1893,  274, 
454;  1894,  182,  432;  1895,  228,  330,  350,  420.  As  to  Boston.  See  St. 
1894,  454;   1895,  228  §  2. 

Sect.  4  amended.  Abutters  may  have  damages  for  erection  or  alteration 
of  telegraph,  telephone  and  electric  light  and  power  lines  along  highways. 
St.  1884,  306.      (See  1884,  302.) 

Sect.  7.     At  least  half  must  be  paid  in  in  cash.     St.  1893,  274. 

New  issue  of  stock  and  bonds  regulated.     St.  1894,  452,  472,  476. 

Sect.  10.  Telephone  com[)anies  nmst  furnish  service  without  discrimi 
nation.     St.  1885,  267. 

Telegraph  companies  are  made  liable  to  amount  of  §100  for  damages 
caused  by  negligence  in  transmitting  messages.     St.  1885,  380. 

Sects.  12,  15.  Wires  may  not  be  put  on  another's  property  without  his 
consent.     St.  1884,  302.      (See  1884,  306.) 

Electric  light  or  power  companies  are  authorized  to  mortgage  property  to 
secure  bonds.     St.  1890,  371  ;  1894,  501. 

Sect.  16.     See  St.  1895,  330. 

Chapter  110.  —  Of  Aqueduct  Corporations. 
Payment  and  returns  of  caiiital  stock  ri'guhitcd.      St.  I.s94,  380. 
Sects.  7,  8  are  repealed  and  issue  of  stock  and  bonds  regulated.     St. 
1894,  452,  472,  476. 

Chapter  112.  — Of  Railroad  Corporations  and  Railroads. 

The  operation  of  railroads  by  electricity  is  authorized.     St.  1892,  110. 
State  inspection  of  tracks,  equipment,  etc.,  is  provided  for.     St.   1894, 
.505. 


Chap.  112.]  PUBLIC    STATUTES.  885 

Railroad  corporations  are  required  to  issue  mileage  tickets  which  shall  be 
accepted  on  all  railroad  lines  in  the  State.     St.  1892,  389. 

The  issuing  of  tickets  free  or  at  less  than  usual  rates  to  members  of  the 
legislature,  the  executive,  the  judiciary  and  certain  others  is  forbidden. 
St.  1892,  59. 

Railroad  companies  may  join  relief  societies  of  employees.  St.  1886, 
125.      (See  1882,  244;   1887,  270  §  6;   1890,  181.) 

Provision  for  elevated  railways  in  and  near  Boston.  St.  1894,  548,  550. 
(See  1890,  308.) 

Provision  for  compensation  for  joint  occupanc}^  of  stations  and  grounds. 
St.  1893,  142. 

Conditional  sales  and  leases  of  equipment  and  rolling  stock  are  regulated. 
St.  1894,  326.  Leases  and  consolidations  must  be  approved  by  railroad 
commissioners.     St.  1894,  506. 

Sect.  9.     Assistant  clerk  allowed.     St.  1895,  313. 

Sects.  10-12.  Salaries  fixed  :  Clerk  ;  St.  1885,  119.  Accountant;  1885, 
164.  Salaries  are  to  be  paid  monthly.  St.  1885,  224.  Allowance  made 
for  books,  maps  and  incidentals.     St.  1890,  200.      (See  1894,  536  §  8.) 

Sect.   14,     Powers  of  the  commissioners  increased.     St.  1882,  265  §  1  ; 

1883,  117  ;  1885,  110,  334  ;  1886,  120  ;  1888,  240 ;   1890,  382  ;  1891,  129, 
204;  1892,  171,  228. 

Sects.  21,  26.  Returns  and  statements  regulated.  St.  1889,  328 : 
1893,131.      (See  1889,  241.) 

Sect.  34.  The  commissioners  must  certif}'  that  public  convenience  and 
necessity  require  the  construction,  before  organization  of  a  railroad  com- 
pany under  the  general  law.     St.  1882,  265  §  1. 

Sect.  38  et  seq.  No  steam  railroad  may  be  located  within  three  miles 
of  the  State  House  except  on  certain  conditions.     St.  1882,  265  §  4.      (See 

1884,  279.) 

Railroad  corporations  may  change  their  locations  to  improve  the  align- 
ment of  their  roads.     St.  1887,  430.      (See  1882,  149;   1884,  134.) 

Sect.  44.  The  proceedings  are  void  unless  certificate  of  incorporation 
is  issued  within  one  year  from  the  time  when  the  route  is  fixed.  St.  1882, 
265  §  2. 

Sect.  54.  Clause  prohibiting  the  casting  of  more  than  fifty  votes  by  a 
proxy  or  attorney  is  repealed.     St.  1888,  188.      (See  1889,  222.) 

Sect.  56.     Delivery  of  written  transfer  sufficient.     St.  1884,  229. 

Sects.  58,  59,  60.  Increase  of  capital  stock  regulated.  St.  1893,  315  ; 
1894,  462,  472,  502.      (See  1894,  476.) 

Sect.  62.     Thebondsmay  run  fifty  years.     St.  1887, 191.     (See  1883,  7.) 

Sects.  62-73.  A  purchaser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  powers  and  duties  as  the  original  corporation. 
St.  1886,  142. 

Sects.  63-70.  Street  railway  companies  may  issue  bonds,  and  these 
sections  shall  apply.     St.  1889,  316  ;   1892,  192."^ 

Sect.  81  et  seq.  Returns  and  statements  regulated.  St.  1889,  328; 
1893,  131.      (See  1889,  241.) 

Sect.  82  is  applied  to  street  railway  companies.     St.  1892,  254. 

Sect.  89.  Time  of  notice  to  and  filing  of  location  by  railroad  corpora- 
tions under  St.  1878,  135  §  1,  is  changed.     St.  1882,  149. 


836  Changes  in  the  [Chai-.  112. 

Sect.  91  is  revised.  Laud  niaj-  be  taken  outside  of  the  location  for  one 
or  more  tracks,  subject  in  some  cases  to  certain  conditions.  St.  1884,  134. 
(See  1882,  149  ;  1887,  430.)  Locations  of  lands  purchased  may  be  filed. 
St.  1895,  356. 

Sect.  115.  The  power  to  exempt  from  the  dut}-  to  fence  is  transferred 
to  the  lailroad  commissioners.  Proceedings  to  revoke  exemptions  regu- 
lated.    St.  1882,  162. 

Sect.  Ill  et  seq.  No  right  of  way  across  any  railroad  track  or  location 
in  use  for  railroad  purposes  shall  be  acquired  by  prescription.  St.  1892, 
275. 

Sects.  117-138.  "Wood  which  obstructs  view  at  crossings  may  be  cut. 
St.  1889,  371.     These  sections  are  not  affected  by  St.  1891,  170. 

Provision  is  made  for  the  abolition  of  grade  crossings.  St.  1885,  194  ; 
1887,  295;  1890,428;  1891,  33,  123,  262;  1892,  312;  1893,  283,  424; 
1894,  216,  545;  1895,  103,  426.  (See  1882,  135;  1891,  170  §  5  ;  1892, 
178,  228.) 

Kailroad  companies  must  maintain  crossings  to  give  access  to  lauds  cut 
off  by  their  road-beds.     St.  1892,  171. 

Sects.  127,  169.  The  commissioners  ma}^  forbid  or  regulate  the  occu- 
pation of  street  crossings.     St.  1885,  110;   1890,  382;   1892,  228. 

Sects.  128,  148,  160.  Provision  is  made  for  examination  of  railroad 
bridges.     St.  1887,  334.     Aiid  tracks,  equipments,  etc.     St.  1894,  505. 

Sects.  129-132  amended.     St.  1885,  194;  1887,  295.     (See  1882,  135.) 

Sects.  129-134.  P.  S.,  ch.  51,  applies  to  alterations  of  ways  at  rail- 
road crossings.     St.  1884,  280.      (See  St.  1890,  428  §  12.) 

Sect.  13l\amended.     St.  1885,  194  §  4;   1887,  295. 

Sect.  138.  Appeal  provided  from  decision  of  the  county  commissioners. 
St.  1882,  135.      (See  1885,  194  §  6;   1890,  428  §  12;   1892,  171.) 

Sect.  139.  Clause  forbidding  branches  within  eight  miles  of  the  State 
House  is  stricken  out.     St.  1884,  279.      (See  1882,  265  §  4.) 

Sect.  148.  Railroad  drawbridges  over  Charles  river  regulated.  St. 
1889,  246;  1890,  118.      (See  1887,  334.) 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  120;  1894,  41. 

Sect.  160.     See  St.  1887,  334. 

Sect.  161.  Provision  made  for  interlocking  or  automatic  signals  at 
railroad  crossings.     St.  1885,  85. 

Sect.  163  Pt  seg.  The  commissioners  may  forbid  or  regulate  locomotive 
Avhistles  at  highway  crossings.  St.  1885,  334.  (See  1890,  173.)  And 
mav  recommend  changes  in  making  u\)  freight  trains  and  sounding  whistles. 
St."'l891,  204.      (See  1891,  129.) 

At  least  three  separate  and  distinct  blasts  of  the  whistle  are  required  at 
crossings.     St.  1890,  173. 

Sects.  164-166.  Tlu'  railroad  commissioners  may  require  gates,  flags 
or  electric  signals  at  highwav  crossings.  St.  1883,  117;  1888,  240.  And 
signals  at  crossings  above  grade.     St.  1891,  129.      (See  1892,  228.) 

Sect.  169  is  extended  to  receivers  and  assignees  of  railroad  corpora- 
tions.    St.  1895,  173. 

Sect.  170.     Locomotive  btjilers  must  be  tested.     St.  1882,  73. 


Chap.  113.]  PuBLIC    STATUTES.  837 

Certain  safety  appliances  are  required  on  freight  cars.  St.  1884,  222  ; 
1895,362.      (See  1886,  242;  1894,  59.) 

Sect.  171.  Additional  tools  and  safeguards  against  fire  required.  St. 
1882,54.     (See  1887,  362;  1891,  249.) 

Sect.   172.     The  heating  of  passenger  cars  is  regulated.     St.  1887,  362  ; 

1891,  249. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness 
every  two  years  is  repealed.     St.  1883,  125. 

Sect.  180.  Interchangeable  mileage  tickets  are  required.  St.  1892, 
389.     Extra  fare  paid  on  trains  regulated.     St.  1883,  32. 

Sects.  181-183.  Railroad  corporations  shall  not  require  women  or  chil- 
dren to  ride  in  smoking  cars.     St.  1888,  176. 

Sect.  188.  Extended  to  freight  charges.  St.  1882,  225.  (See  1882, 
94.)  And  to  express  business  on  railroad  and  steamboat  lines.  St.  1894, 
469. 

Sects.   192-194  are  revised.     St.  1893,210. 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  on  railroad 
tracks  is  increased.     St.  1890,  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  the  tools,  etc., 
required  to  be  carried  on  passenger  trains  is  made  an  offence.  St.  1882, 
54  §  2. 

Sect.  206.     See  St.  1895,  318. 

Sect.  207.     Word  "  electric"  stricken  out.     St.  1884,  5. 

Sect.  212.  Employees  are  included  under  this  section.  St.  1883,  243. 
They  may  sue  for  damages.  St.  1887,  270  ;  1888,  155  ;  1892,  260  ;  1893, 
359  ;   1894,  499.      (See  1894,  469  §  3 ;   1895,  362  §  7.) 

An  action  of  tort  may  be  brought  against  street  railway  corporations  for 
loss  of  life.     St.  1886,  140. 

Sect.  214  is  amended.     St.  1895,  293. 

Sect.  216.     See  St.  1893,  142. 

Sects.  223,  224.  When  their  consent  is  required  the  commissioners  may 
regulate  tracks  at  crossings  by  a  railway  for  private  use.     St.  1890,  382. 

Chapter  113. —  Of  Street  Railway  Companies. 

Provision  for  rapid  transit  in  Boston  and  vicinity.  St.  1893,  481  ;  1894, 
548;  1895,  440.      (See  1890,  368.) 

This  chapter  applies  to  companies  using  the  cable  system.  St.  1886, 
337  §  4. 

Liability  for  injuries  regulated.     St.  1886,  140;  1887,  270;   1888,  155; 

1892,  260 

Street  railway  companies  may  issue  mortgage  bonds  in  certain  cases  and 
Pub.  St.,  ch.  112  §§  63-70,  apply.     St.  1889,  316  ;  1892,  19,2. 

They  may  join  relief  societies  of  employees.  St.  1890,  181.  (See  1882, 
244;  1886,  125;   1887,  270  §  6.) 

May  hold  real  estate  for  pleasure  resorts  in  certain  places.  St.  1895, 
316. 

Conditional  sales  and  leases. of  rolling  stock  I'egulated.  St.  1894,  326. 
Leases  and  consolidations  must  be  approved  by  railroad  commissioners. 
St.  1894,  506. 


838  Changes  in  the  [Chai'.  114. 

Skct.  12.  Clause  as  to  proxy,  etc.,  casting  more  than  fifty  votes  re- 
pealed.    St.  1889,  210.      (See  1888,  188;   188'J,  2i2.) 

Skcts.  13-18.  Further  provisions  made  as  to  increase  and  reduction  of 
capital  stock.  St.  188(5,  337  §  3;  1887,  36G ;  1890,  326;  1893,  31o ; 
1894,  462,  472,  476,  543. 

Sect.  15.     See  St.  1887,  366. 

Sect.  16  repealed.     St.  1893,  315. 

Sect.  19  et  seq.     See  St.  1890,  368  ;  1894,  548,  550. 

Sect.  27  et  seq.  Children  under  ten  shall  not  be  permitted  to  enter  cars 
to  sell  newspapers,  etc.     St.  1889,  229. 

Fenders  and  wheel  guards  provided  for.  St.  1895,  378.  (See  1890. 
364;  1891,366.)      And  street  x'ailway  police.     St.  1895,  318. 

Sect.  39.  Cable  system  may  be  used.  St.  1886,  337.  (See  1887, 
413  §4;  1888,  278.)  Electric  system  authorized  in  Boston.  St.  1887, 
413  §  4;  1890,  454  §  12. 

Sects.  40,  41.  Street  railways  shall  not  cross  railroads  at  grade  unless 
by  consent  of  the  railroad  commissioners  or  special  commissioners.  St. 
1895,426.      (See  1885,  110;   1890,382;   1892,228.) 

Sect.  43.  Railroad  commissioners  may  require  additional  accommoda- 
tions for  the  travelling  public.  St.  1891,  216.  Shall  require  cars  to  be 
lieated  at  certain  times.     St.  1895,  136. 

Sect.  46  et  seq.  See  1887,  413  ;  1890,  454.  Free  transfer  checks  may 
not   be   discontinued    without    consent    of    railroad    cominissioners.      St. 

1894,  383. 

Sect.  48  et  seq.  One  company  may  not  use  tracks  of  another  company 
unless  authorized  by  the  railroad  commissioners.  St.  1888,  278.  (See 
1886,  337  §  2;   1887,  413;    1894,  506.) 

Sect.  58.  Companies  are  required  to  contribute  to  expense  of  printing 
and  binding  their  annual  returns.      St.  1892.  254. 

Sect.  63.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Chapter  114.  — Of  Agricultural  and  Horticultural  Societies. 

Corporations  organized  under  this  chapter  may  be  authorized  to  improve 
public  grounds.     St.  1885,  157. 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.   1883,  189.     And  for  bounties  to  chartered  i)oultry  associations.     St. 

1895,  351. 

"Arbor  day"  established.     Res.  1886,  32. 

Sect.   1.     The  restriction  is  modified.     St.  1890,  297. 

An  agricultural  society  receiving  a  bounty  can  sell  or  mortgage  its  real 
estate  only  on  certain  conditions.     St.  1890,  274. 

Sect.  2.  Time  of  filing  certificate  changed.  Tiie  board  may  require 
otlier  returns.     St.  1891,  124. 

Sect.  20  et  seq.  lOntering  or  driving  a  horse  that  is  disguised  or  differ- 
ent from  the  one  puri)orted  to  be  entered,  etc.,  to  compete  for  a  purse  or 
premium  is  punishable.     St.  1892,  167. 

Provision  made  for  assignment  of  police  oflicers  at  exhibitions.  St. 
1892,  180. 

Registration  of  pedigrees  of  horses  used  for  breeding  purposes  provided 
for.     St.  1890,  334.     \See  1887,  143.) 


Chaps.  115-117]  PuBLIC    STATUTES.  839 


Chapter  115.  —  Of  Associations  for  Charitable,  Educational  and  Other 

Purposes. 

Provision  made  for  iacorporatiou  of  labor  and  trade  organizations.  St. 
1888,134.      (See  1892,  330.)     And  textile  schools.     St.  1895,  475. 

And  for  formation  of  relief  societies  of  railroad,  steamboat  and  street 
railway  employees,  in  which  the  companies  may  join.  Their  funds  are  not 
attachable.     St.  1882,  244;  188(5,  125;   1890,  181.      (See  1887,  270  §  6.) 

The  consolidation  of  masonic  mutual  relief  associations  is  authorized. 
St.  1887,  140. 

The  incorporation  of  clubs  is  regulated.     St.   1890,  439  ;    1893,  226  ; 

1894,  592.     (See  1887,  20(3.) 

No  corporation  organized  for  medical  purposes  under  this  chapter  shall 
confer  degrees.     St.  1883,  268.     (See  1893,  355.) 

The  provisions  of  this  chapter  apply  to  churches  incorporated  under  St. 
1887,  404. 

Sect.  3.  Increase  of  stock  and  par  value  of  shares  regulated.  St.  1888, 
177;  1890,  191.      (See  1888,  429.) 

Sects.  3-5,  Corporations  may  be  formed  for  life  and  casualty  insurance 
on  the  assessment  plan.  St.  1890,  421  ;  1892,  435  ;  1894,  3G7  ;*'l895,  104, 
281,  340.      (See  1885,  183  ;  1887,  214  §§  2,  3  ;   1888,  429.) 

Sects.  8-12  repealed,  and  law  as  to  fraternal  beneficiary  organizations 
revised.  St.  1894,  367  ;  1895,104,281,340.  (See  1882, 195  ;  1885,183; 
1887,  140,  214;  1888,  429;  1890,  341,  400,  421;  1891,  163;  1892,  40, 
435  ;  1893,  47,  321,  418  ;   1894,  60,  328,  522  §  3.) 

Chapter  118.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

This  chapter  is  repealed  and  the  laws  relating  to  institutions  for  savings 
are  revised  and  consolidated.  St.  1894,  317  ;  1895,  164.  (See  1882,  50, 
77,  148,  200  ;  1883,  52,  127,  134,  248,  258  ;  1884,  72,  150,  168,  253  ;  1885, 
92,  111,  124,  210,  348;  1886,  69,  77,  79,  93,  176,  252,  300;  1887,  113, 
196,  319  ;  1888,  40,  51,  53,  90,  96,  120,  127,  170,  250  §  2,  301  §  6,  355  ; 
1889,  77,  86,  88,  91,  161,  180,  305,  321,  449,  452;  1890,  44,  168,  222, 
298,  330,  369,  394,  406  ;  1891,  171,  403  ;  1892,  248  ;  1893,  174,  230,  2.54.) 

Additional  expert  and  clerical  assistance  provided  for.     St.  1885,  66. 

Chapter  117.  — Of  Co-operative  Savings  Fund  and  Loan  Associations. 

The  title  of  this  chapter  and  name  of  associations  changed  to  "  Co-oper- 
ative Banks."     St.  1883,  98. 

The  business  of  co-operative  banking  is  regulated.  St.  1882,  251  ;  1883, 
98;   1885,121;  1887,216;  1889,159,452;  1890,63,243,310;  1891,403; 

1895,  171,  172. 

The  business  may  not  be  carried  on  here  in  name  of  a  co-operative  bank 
unless  incorporated  here.     St.  1889,  452.     (See  1890,  310  ;  1891,  403.) 

The  capital  stock,  corporate  franchise  and  personal  estate  of  co-operative 
banks  are  exempted  from  taxation.     St.  1890,  63. 

Sect.  1.  The  consent  of  the  savings  bank  commissioners  is  required  for 
the  formation  of  co-operative  banks.     St.  1890,  243. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
121  §  2. 


840  Changes  in  the  [Chaps.  118.119. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
216  §  1. 

Sect.  6.     One  person  ma}"^  be  secretar}'  and  treasurer.     St.  1885,  121  §  1. 

Sect.  8.  The  mode  of  retiring  shares  is  determined  and  their  value. 
St.  1887,  210  §  2. 

Sect.  9.  Before  payment  of  matured  shares,  arrears  and  fines  are  to  be 
deducted.  St.  1882,  251  §  1.  Interest  is  allowed  for  all  full  months  from 
last  adjustment.     St.  1887,  216  §  5. 

Sect.  10.     Interest  may  be  bid  instead  of  a  premium.     St.  1882,  251  §  2. 

Directors  may  loan  money  on  shares  of  the  corporation.     St.  1890,  78, 

Sect.  13  is  amended  and  new  provisions  made  as  to  the  security.  St. 
1889,  159  §  1 ;   1894,  342. 

Sect.   14.     Provision  for  partial  payments.     St.  1887,  216  §  4. 

Sect.  16  is  revised.     St.  1882,  251  §  1  ;   1885,  121  §  4. 

Sect.  18.     See  1885,  121  §  2. 

Sect.  20.     See  1891,  403. 

Chapter  118.  — Of  Banks  and  Banking. 

Foreign  banking  corporations  doing  business  here  shall  indicate  on  their 
signs,  letter  heads,  etc.,  the  name  of  the  State  or  country  in  which  thev  are 
chartered.     St.  1890,  329. 

The  incorporation  and  conduct  of  safe  deposit,  loan  and  trust  companies 
are  regulated.  St.  1887,  89  ;  1888,  413  ;  1889,  342,  452  ;  1890,  315,  329  ; 
1892,  327;   1893,  114. 

And  of  mortgage  loan  and  investment  companies.  St.  1884,  330  ;  1888, 
387;  1889,427,452;  1890,329;  1891,233,275,  341;  1893,  303;  1895, 
311. 

A  commissioner  of  foreign  mortgage  corporations  is  established.  St. 
1889,427;   1891,275;   189.3,303. 

Sect.  30  etseq.     Banking  hours  on  Saturdays  regulated.     St.  1895,  201. 

Chapter  119.  — Of  Insurance  Companies  and  Insurance. 

This  chapter  is  repealed  and  the  insurance  laws  revised  and  codified.  St. 
1894,  522  ;  1895,  46,  59,  81,  104,  159,  190,  263,  271,  366,  474.  (See  1882, 
195;  1883,  33,  107,  126,  235,  258;  1884,  55,  58,  119,  120,  177,  178,  180, 
217,  235,  296;  1885,  183,  241,  300,  308,  354;  1886,  187,  222;  1887,  214, 
283;  1888,  84,  141,  151,  154,  165;  1889,  356,  378;  1890,  26,  304;  1891, 
195,  233,  289,  291,  368,  382  ;  1892,  47,  372  ;  1893,  54,  117,  224,  434  ;  1894, 
19,  103,  120,  133,  137,  147,  225,  300,  381,  442.) 

Standard  form  of  fire  policy.     St.  1894,  522  §  60  ;   1895,  59  §§  3.  4. 

Employment  of  an  actuar}'  authorized.     St.  1895,  81. 

Certain  veterans  exempted  from  i)ayment  of  fees  for  certificate  to  act  as 
insurance  broker.     St.  1895,  159. 

No  life  policy  shall  be  issued  without  previous  examination  by  a  regis- 
tered physician.     St.  1895,  366.     (See  1894,  522  §§  68-73.) 

Disposal  of  certain  unclaimed  funds  of  insolvent  companies  regulated. 
St.  1890,  330.      (See  1883,  258;   1886,  300.) 

Agents  of  domestic  companies  must  be  registered.     St.  1895,  46. 


Chaps.  120-125  ]  PuBLTC    STATUTES.  841 

Sects.  21,  38,  167.  Moneys  to  be  paid  by  life  or  casualty  insurance 
companies  doing  business  on  the  assessment  plan  are  made  not  attachable. 
St.  1890,  421  §  23.      (See  1885,  183  §  11  ;   1887,  214  §  73;  1892,  372.) 

Sects.  117  to  130  apply  to  existing  mutual  marine  and  fire  and  marine 
companies.     St.  1894,  522  §  53. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1890,  421  ;  1892,  435.      (See  1885,  183.) 

The  organization  and  business  of  fraternal  beneficiary  associations  are 
regulated.  St.  1894,  3G7.  (See  1882,  195;  1885,  183;  1887,  140,  214: 
1888,  429  ;  1890,  341,  400,  421  §  1  ;  1891,  163,  233,  360;  1892,  40,  201, 
435  ;  1893,  47,  321,  418  ;  1894,  60,  328.) 

Chapter  120.  —  Of  the  Alienation  of  Real  Estate. 

Sect.  1  et  seq.  The  recording  of  an  instrument  affecting  title  is  made 
conclusive  evidence  of  delivery.     St.  1892,  256. 

Form  of  execution  and  acknowledgment  of  deeds,  etc.,  established.  St. 
1894,  253  ;  1895,  460. 

A  conveyance  otherwise  valid  shall  be  effectual  notwithstanding  disseizin 
or  adverse  possession.     St.  1891,  354. 

Sect.  4.  Office  copies  of  records  may  be  recorded  in  another  county  or 
district  where  part  of  the  land  lies.     St.  1889,  448. 

A  mortgage  is  declared  invalid  against  an  assignee  in  insolvency  in  cer- 
tain cases.     St.  1888,  393. 

Sect.  6.  Authority  of  magistrates  out  of  the  State  must  be  properly 
certified  to.     St.  1894,  253  §  3. 

Sect.  15.  Provision  for  construction  of  words  importing  a  want  or 
failure  of  issue.     St.  1888,  273. 

Sect.  19  e?  seq.  Sale  of  estate  subject  to  vested  remainder  may  be 
authorized.     St.  1895,  183. 

Chapter  122.— Of  Easements. 

No  right  of  way  across  a  railroad  location  in  use  for  railroad  purposes 
shall  be  acquired  by  prescription.     St.  1892,  275. 

Chapter  124.  —  Of  the  Rights  of  a  Husband  in  the  Real  Estate  of  his 
Deceased  "Wife,  and  the  Rights  of  a  Wife  in  that  of  her  Deceased 
Husband. 

Sect.  1.  Words  "If  his  wife  does  not  otherwise  provide  by  will,"  in 
sixth  and  seventh  lines,  and  word  "  intestate,"  in  eighth  line,  stricken  out. 
St.  1885,  255;  1887,  290. 

Sect.  17  is  amended.     St.  1889,  234;  1894,  170. 

Chapter  125.  —  Of  the  Descent  of  Real  Estate. 

Sects.  3-5.     See  St.  1895,  427. 

Sect.  4.  If  the  mother  also  is  dead,  the  estate  descends  to  the  persons 
entitled  by  inheritance  through  her.     St.  1882,  132. 


842  Changes  ik  the  [Chaps.  126-131. 


Chapter  126.  — General  Provisions  concerning  Real  Estate. 

Conditions  or  restrictions  affecting  title  or  use  of  real  estate,  unlimited 
as  to  time,  shall  be  construed  as  limited  to  thirty  years,  except  in  certain 
cases.     St.  1887,  418. 

Proyision  made  for  proceedings  to  determine  yalidity,  nature  and  extent 
of  certain  conditions,  restrictions,  etc.,  on  real  estate.  St.  1889,  442; 
1890,427.      (See  1882,  237;   1885,283.) 

Construction  placed  on  words  importing  want  or  failure  of  issue.  St. 
1888,  273. 

Sects.  5,  6.  A  conyeyance  or  deyise  to  a  husband  and  wife  creates  a 
tenancy  in  common  unless  otherwise  expressed.     St.  1885,  237. 

Sect.  13  extended  to  judgments  and  decrees.     St.  1892,  289. 

Chapter  127.  —  Of  Wills. 
Sect.  7.     See  St.  1889.  435. 

Sect.  8.  Marriage  shall  act  as  a  reyocation,  except  in  certain  cases. 
St,  1892,  118. 

Sect.  ■2(].  See  St.  1891,  354. 
Sect.  33.  See  St.  1883,  223. 
Sect.  34  repealed  so  far  as  it  applies  to  probate  courts.     St.  1891,  415. 

Chapter  129.  —  Of  the  Probate  of  Wills  and  the  Appointment  of 

Executors. 

The  probate  of  a  will  is  made  conclusiye  in  certain  cases  after  two  years. 
St.  1889,  435. 

Sects.  1,2.  Petitions  for  probate  must  be  sworn  to  by  petitioner.  St. 
1891,  414. 

Sect.  5.     See  St.  1893,  379,  as  to  Suffolk  county. 

Chapter  130.  —  Of  the  Appointment  of  Administrators. 

Sects.  1,  2.  Petitions  for  letters  testamentary  must  be  sworn  to  by 
petitioner.     St.  1891,  414. 

Proyisions  made  for  granting  administration  without  notice  hi  certain 
cases.     St.  1885,  260.     xVnd  to  any  suitable  person.     St.  1890,  265. 

A  decree  of  intestacy  is  made  conclusiye  in  certain  cases  after  two  years. 
St.  1889,  435. 

Sects.  2,  8.  Administrators  may  be  allowed  to  giye  bond  without  sure- 
ties in  certain  cases.  Failure  to  give  a  new  bond  when  reciuiretl  shall  l)e 
considered  a  resignation.     St.  1885,  274.      (See  1893,  379.) 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  years  after  the  person's  death.  St.  1889,  192. 
(See  1885,  242.) 

Sects.  10-17.  Special  administrator  may  be  allowed  to  pay  expenses 
of  executor  in  proving  the  will.     St.  1884,  291.      (See  1884,  131.) 

Chapter  131,  —  Of  Public  Administrators. 
Sect.   18.     Time  for  preseutiug  claims  under  this  section  limited.     St. 
1883,  264. 


Chaps.  132-13J.J  PUBLIC    STATUTES.  848 


Chapter  132.  —  General  Provisions  relative  to  Executors  and 

Administrators. 

Probate  courts  given  jurisdiction  in  equit}-  in  administration  of  estates 
of  deceased  persons.     Proceedings  regulated.     St.  1891,  41.5. 

Sects.  1-4.  Provisions  as  to  the  proof  of  notice  are  revised.  St.  1888, 
148,  380  ;  1889,  315.     (See  1888,  420.) 

Sects.  8,  13.  No  foreign  executor  or  administrator  shall  receive  his 
letter  until  the  appointment  of  resident  agent  is  properly  made.  St.  1893, 
118.     (See  1890,  420.) 

Chapter  134.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Executors 

and  Administrators. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale.  St. 
1886,  137. 

Real  estate  appraised  at  $1,500  or  less  may  be  sold  for  purposes  of  dis- 
tribution.    St.  1890,  266. 

Sect.   13.     Change  in  method  of  proof  of  notice.     St.  1888,  148,  380; 

1889,  315.      (See  1888,  420.) 

Sect.  19  extended  to  intestate  estates.     St.  1895,  140. 

Chapter  135.  — Of  Allowances  to  Widows  and  Children  and  of  the 
Distribution  of  the  Estates  of  Intestates. 

Sect.  3,  cl.  3.  Wlien  a  married  woman  dies  leaving  issue,  the  husband 
is  entitled  to  one-half  of  the  personal  estate.     St.  1882,  141. 

Cl.  5.  If  intestate  leaves  a  widow  and  no  kindred,  the  widow  is  entitled 
to  the  whole  of  the  residue.     St.  1885,  276. 

Chapter  136.  —  Of  the  Payment  of  Debts,  Legacies  and  Distributive 

Shares. 

Certain  pavments  made  without  order  of  court  maj'  be  afterwards  ap- 
proved.    St.  ^1894,  303. 

Provision  made  for  a  State  tax  of  five  per  cent,  on  collateral  legacies  and 
successions,  and  on  grants  to  take  effect  after  death  of  grantor  in  estates 
exceeding  810,000.   ^St.  1891,  425  ;  1892,379;  1893,432;  1895,307,430. 

Sect.  19  et  seq.  Where  a  legatee  is  a  minor  without  a  guardian,  court 
ma}'  order  the  legac}'  to  be  deposited  in  a  savings  bank  under  P.  S.,  ch. 
144  §  16.     St.  1889,  185. 

Real  estate  appraised  at  Si, 500  or  less  may  be  sold  for  distribution.     St. 

1890,  266. 

Distribution  of  legacies  may  be  ordered  by  the  court  in  certain  cases. 
St.  1895,  134. 

Chapter  139.  — Of  Guardianships. 

Sects.  1-3.  Certain  corporations  are  authorizetl  to  be  guardians  of 
minors.     St.  1885,  362 ;   1890,  117. 

Sects.  2-4.  The  probate  court  may  require  parents  to  contribute  to  sup- 
poi't  of  their  minor  children  under  guardianship.     St.  1891,  358. 

Sect.  16  is  extended  to  married  women  who  are  minors.     St.  1890,  259. 


844  Changes  in  the  [Cuaps.  140-144. 

Sect.  29  et  seq.  Guardiaus  residing  out  of  the  State  must  appoint  an 
a^ent  here.  P.  S.,  132  ^§  11-1)3,  apply  to  them.  St.  188"),  462;  18!)3, 
118.     (See  1890,  420  ;   1894,  128.) 

Chapter  140.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Guardians. 

Sfxt.  3.  Guardian  may  be  licensed  to  lease  the  ward's  real  estate.  St. 
1894,  128. 

Sect.  18  is  extended  to  an}-  interest  in  real  estate.     St.  1885,  258. 

Chapter  141.  —  Of  Trusts. 

Probate  courts  have  jurisdiction  in  cquit}'  over  trusts  created  bv  will. 
St.  1891,  415. 

Sects.  4-11.  Foreign  trustees  must  have  an  agent  here.  The  provi- 
sions of  P.  S.,  ch.  132^§§  11-13,  apply.  St.  1889,  462  ;  1893,  118.  (See 
1890,  420.) 

Sect.  16  is  revised.  Trustee  may  be  exempted  from  furnishing  surety 
on  request  of  parties  interested.     St.  1891,  339. 

Sect.  23  is  extended  to  other  improvements.     St.  1889,  66. 

Sect.  27  is  extended  to  trusts  created  under  any  written  instrument.  St. 
1892,  116. 

Chapter  142.  —  General  Provisions  relative  to  Sales,  Mortgages,  Re- 
leases, Compromises,  etc.,  by  Executors,  Administrators,  Guar- 
dians and  Trustees. 

A  foreign  guardian  or  trustee  must  have  an  agent  here.  P.  S.,  ch.  132 
§§  ll-13,^ipply.     St.  1889,  462  ;  1893,  118.     (See  1890,  420  ;  1894,  128.) 

Sect.   12.     See  St.  1893,  379. 

Sect.  14  is  extended  to  administrators  with  the  will  annexed.  Those 
claiming  as  legatees  or  devisees  whose  interests  are  affected  are  to  be  made 
parties.'    St.  1889,  266. 

Sect.  23  is  extended.  Defective  acts  or  pi'oceedings  ma}-  be  ratified  or 
confirmed.     St.  1888,  420. 

Provision  in  case  of  failure  to  prove  notice  of  sale.  St.  1889,  315.  (See 
1888,  14S.) 

Chapter  143.  —  General  Provisions  relative  to  Bonds  of  Executors, 
Administrators,  Guardians  and  Trustees. 

Fidelity  insurance  companies  may  act  as  sureties.     St.  1894,  522  §§  29, 
61.      (See  1884,  296;   1885,  241  ;  ^1886,  233  ;   1887,  214  §§  29,  61.) 
Sect.  23.     See  St.  1893,  396  §  14. 

Chapter  144.  —  Of  the  Accounts  and  Settlements  of  Executors,  Admin- 
istrators, Guardians  and  Trustees, 

Certain  payments  made  without  order  of  the  court  may  be  approved. 
St.  1894,  .303. 

Form  of  accounts  regulated.     St.  1895,  210. 

Sect.  8.  Monev  paid  with  the  approval  of  the  judge  for  procuring  surety 
on  the  bond  may  be  allowed.     St.  1886,  233.      (Seel887,  214  §§  29,  61.) 


Chaps.  145, 146.]  PuBLIC    STATUTES.  845 

Bequests  to  executors  in  excess  of  a  reasonable  compensation  are  liable 
to  the  State  legacy  tax.     St.  1891,  425  §  3. 

Sects.  13,  14  are  revised.     St.  1895,  288.     (See  1889,  466.) 

Sect.  16.  Legacies  to  pei'sons  whose  residence  is  unknown,  and  to 
minors  without  guardians,  may  be  deposited.  St.  1885,  376  ;  1889,  185. 
(See  1893,  379.)  Also  property  of  an  absent  person  whose  residence  is 
unknown  in  certain  cases.     St.  1894,  203. 

The  amount  which  may  be  deposited  and  draw  interest  is  not  limited. 
St.  1889,  80,  449. 

Provision  is  made  for  final  distribution  of  deposits  bv  the  probate  court 
in  certain  cases.     St.  1889,  449  §  2  ;  1890,  408. 


Chapter  145,— Of  Marriage. 

Sect.  4.  Marriages  made  in  good  faith,  one  of  the  parties  believing 
that  a  former  husband  or  wife  is  dead  or  divorced,  are  made  valid  when  the 
impediment  is  removed.     St.  1895,  427. 

Sect.  11  is  extended  to  residence  here  for  five  j^ears  unless  libellant 
removed  hei'e  for  the  purpose.     St.  1886,  36. 

Sects.  11,  15.  The  superior  court  has  exclusive  original  jurisdiction 
under  these  sections.     St.  1887,  332. 

Sect.  16  The  marriage  of  minors  is  regulated.  St.  1894,  401,  409 
§  4.  Additional  provisions  relative  to  notices  and  certificates.  St.  1894, 
409. 

Sects.  22,  27.  Clergymen  and  licensed  Israelitish  rabbis  may  solemnize 
marriages  anywhere  in  the  State.     St.  1894,  409  §  5.      (See  1893,  461.) 

Sect.  24.  The  returns  shall  be  preserved  and  arranged  for  reference. 
St.  1887,  202  §  3. 

Change  made  in  form  of  record  and  returns.     St.  1892,  300. 


Chapter  146.  — Of  Divorce. 

Provision  is  made  for  returns  of  statistics  of  divorce.     St.  1882,  194. 

The  superior  court  has  exclusive  original  jurisdiction  of  all  cases  of 
divorce  and  nullity  and  validity  of  marriages.     St    1887,  332. 

Sect.  1.  Divorce  may  be  decreed  for  gross  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs  St.  1889,  447.  And  for  any 
legal  cause,  notwithstanding  an  absence  which  would  raise  a  presumption 
of  death.     St.  1884,  219. 

Sect.  10.  AVhen  adultery  is  charged  the  alleged  particeps  criminis  may 
contest.     St.  1890,  370. 

Sect.  19.  All  decrees  shall  become  absolute  after  six  months  unless 
court  has  otherwise  ordered.     St.  1893,  280.     (See  1882,  223  ;  1893,  194.) 

Sects.  42-44  Procuring  a  fraudulent  divorce  ;  advertising,  by  one  not 
a  member  of  the  bar,  the  business  of  procuring  divorces  ;  and  unlawfully 
issuing  certificates  of  divorce,  are  made  offences.  St.  1886,  342 ;  1887, 
320;  1891,  59. 


846  Changes  in  the  [Chaps.  u7-i50. 


Chapter  147,  —  Of  Certain  Rights  and  Liabilities  of  Husband  and  Wife. 

A  wife  has  right  of  interment  in  any  tonib  or  lot  which  her  hnsbaud 
owned  during  coverture.     St.  1883,  202.      (See  188-5,  302  ;  1892,16.3.) 

Sect.  1.  A  wife  cannot,  without  his  written  consent,  destroj'^  or  impair 
her  husband's  life  estate  in  one-half  her  lands  where  there  is  uo  issue.  St. 
1889,  204.      (See  1884,  301  ;   1885,  255;   1887,  290.) 

Sect.  3  is  revised.  Nothing  contained  in  the  preceding  section  shall 
authorize  such  transfer.     St.  1884,  132. 

Sect.  6  extended  to  the  case  where  there  is  no  issue,  and  exception  is 
made  if  the  wife  is  living  apart  for  cause  approved  by  the  court.  St.  1885, 
255;   1887,  290.      (Seel884,  301.) 

Sect.  16  et  seq.  Provision  is  made  for  release  of  the  courtes}'  bj^  the 
guardian  of  an  insane  husband.     St.  1886,  245. 

Sect.  20.  The  notice  shall  be  such  as  the  court  may  order.  St.  1890, 
105. 

Sects.  31-33,  36.  The  probate  court  has  exclusive  original  jurisdiction 
under  these  sections  and  the  appeal  is  to  the  superior  court.  St.  1887,  332 
§§2,3.  (See  1882,  270;  1884,210;  1885,176;  1888,290;  1893,262; 
1895,  116.) 

Provision  for  receivers  of  estates  of  absent  persons  whose  address  is 
unknown,  having  a  wife  or  child   dependent  on  them  for  support.     St 
1894,  203. 

Sect.  36.  Probate  courts  may  require  parents  to  contribute  to  support 
of  children  under  guardianship.     St.  1891,  358. 


Chapter   148.  —  Of  the   Adoption   of  Children    and   the    Change    of 

Names. 

Adoption  of  pauper  and  illegitimate  children  regulated.  St.  1891,  194  ; 
1892,318.      (See  1882,  270;   1889,309,416.) 

Sect.  3  is  amended.     St.  1886,  101  §  4. 

Sects  12-14.  A  list  of  names  changed,  ordered  published.  St.  1884, 
249;  1893,  191. 

Chapter  150.  —  Of  the  Supreme  Judicial  Court. 

The  care  and  custody  of  the  Suff()ll<  county  court  house  is  given  to  the 
justices  of  the  supreme  judicial  court.     St.  1894,  453. 

Sect.  5.     See  St.  1892,  435. 

Exclusive  original  jurisdiction  is  given  to  the  superior  court  in  cases  of 
divorce  and  nullity  of  marriages.  St.  1887,  332  §  1.  Of  capital  crimes. 
St.  1891,  379.  And  of  petitions  for  partition  and  writs  of  entry.  St. 
1892,  169. 

Appeals  on  petitions  under  sections  31-33  and  36  of  chapter  147  are  to 
superior  court.     St.  1887,  334  §  3.      (See  1888,  290.) 

Sect.  7.  Questions  for  the  full  court  may  be  heard  in  any  county.  St. 
1892,  127. 


Chaps.  151, 152.]  PuBLIC   STATUTES.  847 

Sect.  14.  Further  provisions  in  cases  of  frivolmis  appeals  and  excep- 
tions.    St.  1883,  223  §  15. 

Sect.  16.  When  appeal  or  exceptions  are  not  entered,  the  court  below 
may  affirm  the  judgment.     St.  1888,  94.      (See  1882,  239.) 

Sects.  18-20,  24,  26-29  repealed.     St.  1891,  379.     (See  St.  1893,  394.) 

Sects.  21,  22,  23  and  25  are  repealed.     St.  1886,  339.     (See  1891,  379.) 

Sect,  30  et  seq.  Terms  are  abolished,  return  days  changed  and  jjractice 
further  regulated.  St.  1885,  384;  1886,  223;  1887,  383;  1890,  374; 
1892,  127,^169;  1893,  61.      (See  1883,  223;  1884,  316.) 

The  law  term  for  Worcester  is  changed.  St.  1885,  48.  And  for  Bristol, 
Dukes  and  Nantucket.     St.  1891,  287. 

Sect.  39.  Salaries  fixed  and  allowance  made  for  travelling  expenses. 
St.  1892,  104.      (See  1888,  274  §  1  ;  1892,  59  ;   1893,  327.) 

Pensions  are  provided  for.  St.  1885,  162.  And  clerical  assistance. 
St.  1891,  89.     (See  1893,  327.) 

Chapter  151.  —  Of  the  Supreme  Judicial  Court  Equity  Jurisdiction. 

The  equity  jurisdiction  is  extended.  St.  1884,285;  1887,  380;  1891, 
383;   1892,  435. 

Sect.  2,  cl.  11.     See  St.  1884,  285  ;  1887,  214  §  73. 

Sects.  5-7.  Practice  regulated  and  forms  established.  St.  1883,  223  ; 
1884,  316;   1885,  384;  188^7,  383;   1893,  61.     (See  1892,  289,  440.) 

Sect.  23.     See  St.  1885,  384  §  3  ;   1886,  223  ;   1892,  127. 

Sect.  27  amended.     St.  1895,  116.      (See  St.  1883,  223  §  16.)" 

Chapter  152.  —  Of  the  Superior  Court. 

Sect.   1.     The  number  of  justices  is  increased.     St.   1892,  271.      (See 

1886,  31  ;  1888,  58.) 

Sect.  2.  Provision  for  sessions  by  two  or  more  justices  in  capital  cases. 
St.  1894,  204.  (See  1891,  379.)  And  without  a  jury  in  certain  actions  at 
law.     St.  1891,  227. 

Sects.  3-6.  Jurisdiction  is  given  in  equitv  and  practice  regulated.  St. 
1883,  223;  1884,  304,  316;  1885,  384;  1887,  332,  380,  383;  1890,  154, 
374;  1891,  227,  362,383;  1892,435,  440;  1893,  61;  1895,  116.  (See 
1882,  239;  1887,  246;   1890,  398.) 

Separate  equity  docket  required  in  Middlesex  and  Suffolk.  St.  1892, 
440. 

Exclusive  original  jurisdiction  given  in  causes  of  divorce  and  nullitv  of 
marriage.  St.  1887,  332  §  1.  (.See  1894,  409  §  7;  1895,  116.)  And  of 
capital  crimes.  St.  1891,  379  ;  1894,  204.  (See  St.  1893,  324,  365,  394.) 
And  of  petitions  for  partition  and  writs  of  entry.     St.  1892,  169. 

Jurisdiction  is  given  of  certain  appeals  from  the  probate  courts.     St. 

1887,  332  §  3.      (See  1888,  290;  1895,  116.)     And  of  claims  against  the 
Commonwealth.     St.  1887,  246. 

Sects.   7,  8.     The  right  to  remove  actions   and  petitions  for  partition 
under  these  sections  is  taken  away.     St.  1892,  169.     (See  1885,  384  §  14.) 
Sect.  11  repealed.     St.  1892,  105. 


848  Changes  ix  the  [Chaps.  153, 154. 

Sect.  17.  Changes  in  sessions:  Barnstable;  St.  1891,  175.  Bristol; 
1888,  314;  1891,  287  §  2.  Dukes;  1S89,  308.  Essex;  1885,  191  ;  18«'J, 
461 ;  1895,  256.  Franklin  ;  1889,  327.  Hampden  ;  1885,  27.  Middlesex; 
1892,391.     Norfolk  ;  1889,  287.     Worcester  ;   1894,  118.  169. 

Provision  for  speed}'  trials  in  Suffolk  in  certain  cases.  St.  1894,  283, 
547. 

Sect.  18.  Changes  in  adjourned  sessions:  P^ssex ;  St.  1889,  461. 
Plymouth;   1885,  134. 

Terms  are  abolished  and  return  days  changed.     St.  1885,  384. 

Petitions  for  damages  for  land  taken  by  any  town  in  Nantucket  or  Dukes 
may  be  brought  in  Bristol.     St.  1887,  50.     (See  1885,  384  §  1.) 

Si-:cT.  24  is  repealed.     St.  1887,  183. 

Sect.   28.     Provision  made  for  pensions.     St.  1887,  420. 

Salaries  are  fixed  and  allowance  made  for  travelling  expenses.  St.  1892, 
328.     (See  1882,  205;  1888,  274;   1892,  59.) 


Chapter  153.  —  Of  Matters  Common  to  the  Supreme  Judicial  Court 
and.  the  Superior  Court.. 

Sect.  3.     See  St.  1886,  224. 

Sect.  4.  Provision  made  for  agreements  to  postpone,  etc.,  cases  on  the 
trial  lists.     St.  1884,  304;   1890,  154.      (See  1889,  459;   1890,  451.) 

Sects.  6-8.     See  St.  1891,  227. 

Sect.  8.  Time  for  filing  exceptions  extended.  Presiding  justice  may 
require  a  transcript  of  the  evidence.     St.  1895,  153. 

Sects.  10,  13.  Provisions  for  proving  exceptions  when  the  disability 
or  death  of  the  justice  prevents  his  signing  them.  St.  1894,  412.  (See 
1882,  239.) 

Sect.  12  extended  to  criminal  cases.     St.  1891,  362. 

Sect.  15.  Clerks  shall  fuiuish  to  the  attorne^^-general  printed  copies  of 
exceptions  and  reports  in  cases  in  which  the  Commonwealth  is  interested. 
St.  1890,  374. 

Sect.  23.  The  oriiiinal  vouchers  or  bills  must  be  delivered  with  the 
orders.     St.  1890,  206.      (See  1890,  204.) 


Chapter  154.  —  Of  the  Police,  District  and  Municipal  Courts. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated. St.  1893,  396;  1894,  142,  173,  398,  431  ;  1895,  245.  (See  1882, 
95;  1884,  188;  1885,  45,  132,  149,  322;  1887,  293;  1888,  180,  285,  352, 
415;   1890,  225,  359,  440  §  10;    1892,  148,  268;   1893,  385.) 

Provision  made  for  hearings  on  agreed  facts  before  all  the  justices.  St. 
1894,  173. 

Payment  of  interpreters  and  of  witnesses  from  without  the  Commonwealth 
allowed  in  criminal  cases.     St.  1893,  385. 

Sect.  1.  Police  and  district  courts  are  established,  as  follows  :  First  and 
second,  of  Barnstable;  St.  1890,  177.  Fourth,  lierkshire  ;  St.  1895,  176. 
Brockton;  St.   1885,  155.     Brookline  ;  St.   1882,  233.     East  Boston,  dis- 


Chap.  154.]  PuBLIC   STATUTES.  849 

tiict;  St.  1886,  15.  Second,  Essex;  St.  1888,  193.  Western  Hampden ; 
8t.  1886,  190.  Hampshire;  St.  1882,  227.  Marlborough;  St.  1882,  233. 
Thu'd  and  fourth,  eastern  Middlesex ;  St.  1882,  233.  Southern  Norfolk  ; 
St.  1891,  273.     First,  northern  Worcester;  St.  1884,  215. 

Sect.  2.  Courts  abolished:  East  Boston,  municipal;  St.  1886,  15. 
Cambridge,  police;  St.  1882,  233.     First,  Plymouth;  St.  1885,  155. 

Judicial  districts  changed  :  Northern  Berkshire  ;  St.  1895,176.  Brock- 
ton; St.  1887,  322.  East  Boston;  1882,  146.  (See  1886,  15.)  Glouces- 
ter; 1888,  249.  First,  eastern  Middlesex;  1888,  59.  Fourth,  eastern 
Middlesex;  1888,  59;  1889,  312.     First,  southern  Middlesex;  1882,  169. 

Sects.  4,  25.     See  St.  1882,  43  ;  1885,  132;  1893,  396  §  63. 

Sects.  5,  6.  Clerks  given :  First,  Berkshire;  St.  1895,  176.  Southern 
Berkshire  ;  St.  1886,  333.  (See  1884,  231.)  Brookline  ;  1888,  60.  Chel- 
sea; 1882,  176.  Chicopee;  1891,  78.  Hampshire;  1883,  80.  Lowell 
(assistant)  ;  1889,  152.     Second,  eastern  Middlesex;  1883,  97. 

Clerical  assistance  allowed:  Bristol;  St.  1892,  62.  Lowell;  St.  1888, 
246  ;  1889,  152.  First,  eastern  Middlesex  :  St.  1889,  317.  Third,  eastern 
Middlesex;  1893,370.     Central  Worcester ;   1895,260. 

Clerks  and  justices  of  courts  having  no  clerks  must  deposit  public  monej^s 
beyond  what  is  required  for  immediate  use.  St.  1890,  215.  (See  1890, 
204.) 

Sect.  8.     See  St.  1888,  352;   1893,  396  §  67. 

Sect.  11.  See  St.  1885,  149,  322;  1887,  293;  1892,  188  §  5  ;  1893, 
172  §  4;  1893,  396  §§  34-43. 

Jurisdiction  given  in  naturalization  proceedings.  St.  1885,345;  1886, 
45,  203;   1891,  180,  419;   1892,  348. 

Sects.  11-22.     See  St.  1893,  396  §§  12,  34-43. 

Sect.  23.  Sessions  changed :  Northern  Berkshire ;  St.  1884,  266. 
Hampshire  ;  St.  1883,  75  ;  1889,  122.  (See  1882,  227  ;  1883,  80.)  First, 
eastern  Middlesex  ;  St.  1893,  350.     Northern  Worcester ;   1888,212. 

Sects.  23,  25.     See  St.  1884,  188  ;  1893,  396  §  56. 

Sect.  24  extended.  Certification  and  audit  of  expenses  regulated.  St. 
1890,  440  §  11  ;  1891,  70.      (See  1893,  396  §  9.) 

Sect.  25.     See  St.  1892,  268  ;  1893,  396  §  55. 

Sect.  26.  Travelling  expenses  allowed  to  special  justice  in  Hampshire. 
St.  1884,  205.     (See  1885,  40.) 

Sect.  27  et  seq.  See  St.  1886,  13;  1888,  285,  415;  1890,  359;  1893, 
396  §§  46,  59,  64. 

Sect.  30.  Fac-simile  of  clerk's  signature  may  be  used  on  certain  proc- 
esses.    St.  1886,  13.     (See  1885,  321  ;  1893,  396  §  64.) 

Sects.  34,  35.  A  controller  of  accounts  is  provided  for,  and  method 
of  accounting  regulated.  St.  1887,  438  ;  1888,  275  ;  1890,  204,  216,  440  ; 
1893,  270.      (See  1886,  169.) 

Funds  bevond  what  are  required  for  immediate  use  must  be  deposited. 
St.  1890,  215. 

Apportionment  of  fines  to  informers  in  certain  cases.  St.  1891,  416. 
(See  1890,  440  §  5.) 

Sect.  36.  Pavment  of  witness  fees  regulated.  St.  1888,  180  ;  1890, 
440  §  8;   1891.  392;    1893,  396  §  9.      (See^l893,  385.) 


850  ChAXGES   IX   THE  [Chap.  154. 

Sect.  37.  Fees  and  costs  are  regulated  iu  certain  cases.  St.  1890,  256, 
353,440;  1891,  71,  325,  416;  1892,  200.  (See  1892,  231,  2GS ;  1893, 
385.) 

Sect.  38.     See  St.  1885,  235. 

No  court  fees  shall  be  allowed  or  taxed  iu  criminal  cases.  St.  1890, 
256. 

Sect.  39  et  seq.     Appeals  regulated.     St.  1893,  396  §§  24-32.     (See 

1882,  95;  1890,  224,  440  §  10.) 

Sect.  42  et  seq.  The  justices  may  act  for  each  other  iu  certain  cases. 
St.  1882,  43.  (See  1885,  132.)  May  sentence  or  commit  to  house  of 
industry  instead  of  to  house  of  correction  or  jail.     St.  1895,  224. 

St.  1893,  396,  applies  to  these  courts,  except  the  municipal  court.  St. 
1894,  431.     (See  1894,  142,  173,  398.) 

The  municipal  court  of  East  Boston  is  abolished,  and  East  Boston  dis- 
trict court  established.     St.  1886,  15.     (See  1882,  146.) 

Clerks  and  clerical  assistance  provided  for:  East  Boston;  St.  1886,  15. 
South  Boston;  1887,  327.  Brighton;  1894,  363.  Charlestown ;  1889, 
206.     Dorchester;  1885,79.     WestRoxbury;   1887,274. 

Sect.  55.    Number  of  justices  increased.     St.  1882,  41  ;  1888,  419  §  11 ; 

1894,  308. 

Sect.  58.     Assistant  clerks   and  clerical  assistance  provided  for.     St. 

1883,  47;   1885,  42  §  2,  137  §  2;   1888,  419  §  13;   1889,  170;   1893,  371; 

1895,  125. 

Sects.  59,  60.     Jurisdiction  extended.     St.  1894,  431  §  2. 

Sect.  62.  Additional  sessions  by  special  justice  provided  for.  St.  1885, 
42  §  1.  When  he  acts  he  must  state  in  the  record  the  fact  which  gives  him 
jurisdiction.     St.  1892,  268. 

Sect.  63  revised.     St.  1895,  457. 

Sect.  64.  Salaries  of  justices  fixed  :  Fu'st  and  second  Barnstable  ;  St. 
1890,  177.  Central  Berkshire  ;  1887,  190.  Northern  Berkshire;  1887,  61. 
(See  1884,  266  §  3.)  Southern  Berkshire;  1884,  231.  Boston;  1887, 
163.  (See  1882,  41  §  2.)  East  Boston;  1892,  100.  (See  1886,  15.) 
South  Boston  ;  1889,  242.  Briiihton  ;  1885,  49.  First  Bristol ;  1889,  261. 
(See  1884,  220.)  Second  Bristol;  1891,  108.  Third  Bristol;  1889,  54. 
Brockton;  1885,  155.  Brookline ;  1884,  211.  (See  1882,  233  §  6.) 
Charlestown;  1891,  160.  (See  1889,  227.)  Chelsea  ;  1894,  470.  Dor- 
chester; 1885,  79.  First  Essex;  1882,  245.  Second  Essex;  1888,  193. 
Fitchburg;  1889,97.  (See  1882,  245.)  Gloucester ;  1888,  234.  Eastern 
Hampden;  1889,  130.  Western  Hampden;  1886,  190.  Hampshire;  1883, 
75.  (See  1882,  227;  1883,  80;  1884,  205.)  Haverhill;  1882,  245. 
Holyoke;  1886,151.  Lawrence;  1893,  479.  (See  1888,  110)  Lee; 
1894,  373.  Lowell;  1893,  479.  (See  1886,  807.)  Lynn;  1891,  162. 
(See  1886,  154.)  Marlborough;  1892,  93.  (See  1882,  233.)  Central 
Middlesex;  1890,238.  First  eastern  IMiddlesex  ;  1893,479.  (See  1882, 
245;  1886,  166.)  Second  eastern  Middlesex ;  1886,  123.  (See  1882, 
245.)  Third  eastern  Middle.sex  ;  1882,  233.  Fourth  eastern  Middlesex; 
1893,  479.  (See  1882,  233.)  First  northern  Middlesex;  1889,  198. 
First  southern  Middlesex  ;  1889,12.  Newburyport ;  1882,245.  Newton; 
1893,479.     (See  1890,  93.)     East  Norfolk ;' 1889,  263.     Southern  Nor- 


Chap.  154.]  PUBLIO   STATUTES.  851 

folk;  1891,273.  Third  Plymouth ;  1894,321.  Fourth  Plymouth  ;  1889, 
281.  Koxburv;  1889,  217.  West  Roxburv ;  1883,  111.  Somerville ; 
1891,161.  (See  1882,245;  1887,180.)  Springfield;  1887,  171.  Cen- 
tral Worcester ;  1888,  50.  First  eastern  Worcester;  1884,208.  Second 
eastern  Worcester;  1889,  158.  (See  1882,245.)  First  northern  AVorces- 
ter;  1893,  479.  (See  1884,  215  §  4.)  First  southern  Worcester;  1890, 
131.  Second  southern  Worcester;  1888,  173.  Third  southern  Worces- 
ter; 1882,  245. 

Salaries  of  clerks  fixed  :  Central  Berkshire  ;  1893,  479.  (See  1882,  245.) 
Northern  Berkshire  ;  1888,  89.  (See  1887,  61.)  Southern  Berkshire  ;  1894, 
374.  (See  1884,231;  1886,333  §  4;  1887,227.)  Boston,  civil ;  1882, 
245.  First  assistant ;  1889,  39.  Second  assistant;  1889,  143.  Third 
assistant;  1892,58.  (See  1889,  170.)  Criminal  clerk  and  assistant; 
1893,479.  (See  1882,  245;  1885,  137.)  East  Boston  ;  1886,  15.  (See 
1882,  245.)  South  Boston;  1882,  245.  Assistant;  1894,  379.  (See 
1887,  327.)  Brighton;  1894,  363.  First  Bristol;  1889,  261.  Second 
Bristol ;  see  1889,  62.  Third  Bristol ;  1893,  479.  (See  1889,  41.)  Brock- 
ton ;  1895,500.  (See  1885,155.)  Brookline ;  1888,60.  Charlestown ; 
1887,175.  (See  1889,  206)  Chelsea;  1894,  470.  (See  1882,  176; 
1884,  197;  1887,  117.)  Chicopee ;  1891,  78.  Dorchester;  1893,  479. 
(See  1885,  79;  1886,  124.)  First  Essex;  1882,  245.  Fitchburg,  1891, 
71.  (See  1882,  245;  1889,  289.)  Gloucester;  1888,  235.  (See  1883, 
53.)  Western  Hampden  ;  1893,  479.  (See  1886,  190  ;  1888,  88.)  Hamp- 
shire; 1893,  479.  (See  1883,  80;  1886,  106.)  Haverhill;  1888,  55. 
(See  1882,  245.)  Holyoke  ;  1887,  318.  (See  1884,  65.)  Lawrence  ;  1893, 
479.  (See  1887,  208.)  Lowell ;  1893,  479.  (See  1886,  307.)  Assist- 
ant; 1889,  152.  (See  1882,  63;  1888,  246.)  Lynn;  1893,  479.  Marl- 
borough ;  1892,  93.  (See  1882,  233  ;  1889,  19.)  First  eastern  Middlesex  ; 
1893,479.  (See  1882,87,  245;  1886,  167.)  Assistant ;  1894,  65.  (See 
1889,  317.)  Second  eastern  Middlesex  ;  1894,  336.  (See  1883,  97  ;  1885, 
180;  1888,  233;  1891,  107.)  Third  eastern  Middlesex;  1886,  165.  (See 
1882,  233.)  Fourth  eastern  Middlesex;  1893,  479.  (See  1882,  233; 
1887,  174.)  First  northern  Middlesex  ;  1888,  214.  First  southern  Middle- 
sex ;  1886,  156.  Newburyport;  1889,277.  (See  1882,245.)  Newton; 
1893,  479.  (See  1886,  158.)  East  Norfolk;  1893,  479.  (See  1888,  54.) 
Southern  Norfolk ;  1891,  273.  First  Plymouth ;  1883,57.  (See  1885, 
155.)  Third  Plymouth;  1889,137.  Fourth  Plymouth  ;  1891,  190.  (See 
1884,  204.)  Roxbury,  clerk;  1893,  479.  Assistant;  1889,  239.  (See 
1882,  245.)  Somerville;  1887,  265.  (See  1882,  245.)  Springfield; 
1889,  28.  (See  1886,  155.)  West  Roxbury;  1893,  479.  (See  1887, 
274;  1889,  92.)  Central  Worcester ;  1889,83.  Assistant;  1893,479. 
(See  1882,  245;  1888,  184.)  Second  eastern  Worcester;  1889,  218. 
(See  1882,  245.)    First  northern  Worcester ;  1885,286.    (See  1884,  215  §  4.) 

Compensation  of  special  justices  and  pro  ie^Jipore  clerks  regulated.  St. 
1893,  396  §§  66,  67;   1894,  142,  173  §  2;  1895,  245.      (See  1888,  352.) 

Salaries  of  constables  in  attendance  fixed  :  Boston,  civil ;  St.  1886,  130. 
Criminal;  1888,195.  (See  1886,  130 ;  1895,457.)  Brighton;  1886,148. 
Charlestown ;  1886,  136.  East  Boston  and  South  Boston ;  1882,  245. 
Roxbury;  1889,174.     West  Roxburv  ;   1886,148. 


852  Changes  in  the  [Chap.  155. 


Chapter  155. —  Of  Justices  of  the  Peace  and  Trial  Justices. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  396  ;   1894,  398. 

"Women  who  are  appointed  special  commissioners  shall  have  same  powers 
as  justices  of  the  peace  in  certain  cases.  St.  1889,  197.  (Sec  1882,  139  ; 
1883,  252.) 

SiiCT.  3.  Justices  may  summon  witnesses  in  civil  cases.  St.  1885,  141. 
(See  1884,  247.) 

Sect.  4.  Power  of  justices  to  issue  Avarrants  modified.  St.  1884,  286. 
(See  1884,  191.) 

Sect.   10.     In  Dukes  county  three  trial  justices.     St.  1892,  408. 

Sect.  12  et  seq.     Execution  may  run  into  any  county.     St.  1895,  380. 

Sect.  17  et  seq.  No  original  writ  shall  be  returnable  more  than  sixt}^ 
days  from  date.     St.  1892,"  148  ;  1893,  396  §  17. 

Pravision  is  made  for  preservation  of  records,  etc.,  of  trial  justices.  St. 
1888,  211. 

Sect.  21.  In  case  of  failure  to  attend  an  adjourned  hearing  another 
justice  may  act  in  certain  cases.     St.  1883,  175.      (See  1890,  202.) 

Sects.  24-26.  Bond  required  instead  of  recognizance  before  removal. 
St.  1888,  325.  These  sections  shall  not  apply  to  actions  before  district 
and  police  courts.     St.  1893,  396  §  21. 

Sect.  28.     Appeal  is  to  be  entered  at  next  return  day.     St.  1885,  384  §  5. 

Sect.  29  et  seq.  No  bond,  recognizance  or  deposit  required  in  a  replevin 
suit.     St.  1890,  224.     (See  1882,^95  ;  1893,  396  §  29.) 

Sects.  37,  38.     See  St.  1890,  202. 

Sects.  40,  41.     See  St.  1888,  211. 

Sect.  42.     See  St.  1895,  380. 

Sect.  43  et  seq.  .Jurisdiction  of  trial  justices  extended.  St.  1885,  149, 
356;  1892,  160,  188  §  5  ;  1893,  172  §  4.  (See  1893,  414;  1894,  505.) 
Payment  of  interpreters  and  of  witnesses  from  without  the  State  allowed  in 
criminal  cases.     St.  1893,  385. 

Form  of  warrants  for  commitment  for  non-payment  of  fines  modified. 
St.  1891,  416. 

Sect.  44.     See  St.  1893,  396  §  46. 

Sect.  49.  Commitments  of  children  under  twelve  restricted.  St.  1882, 
127. 

Costs  regulated  in  certain  cases.     St.  1889,  469.      (See  1893,  385.) 

Sect.  62^     See  St.  1894,  505. 

Sects.  63,  65.  Appellant  must  pay  the  jailer's  fees  in  certain  cases. 
St.  1890,  328. 

Sects.  67  et  seq.,  74,  75.  Provision  made  for  completion  of  unfinished 
business  before  trial  justices.     St.  1890,  202.     (See  1883,  175.) 

Sect.  68.     Commitments  for  contempt  may  be  to  any  jail.     St.  1886,  224. 

Sects.  69,  77  et  seq.  Provision  made  for  uniform  dockets  and  blanks 
except  in  certain  cases.     St.  1888,  285.      (See  1893,  396  §  59.) 

Sect.  78  repealed.  Pavments  and  accounting  regulated.  St.  1887,  438  ; 
1890,  204,  215,  216,  440  ;  ^1891,  70,  325,  416  ;  i893,  270,  385.  (See  1886, 
169;   1888,  275.) 


Chaps.  156, 157.]  PuBLIC    STATUTES.  853 


Chapter  156.  — Of  Probate  Courts. 

Uniform  rules  of  practice  and  blanks  are  provided  for.  St.  1893,  372. 
(See  Res.  1893,  23.) 

Form  of  accounts  regulated.     St.  1895,  210. 

.Judges  may  act  for  or  assist  each  other,  St.  1892,  337  ;  1894,  377.  An 
additional  judge  is  provided  for  in  Suffolk.  St.  1893,  379.  And  in  Mid- 
dlesex.    St.  1894,  527. 

Probate  courts  may  appoint  auditors  to  examine  accounts.    St.  1889,  311. 

Any  act  or  proceeding  within  the  power  of  the  court  in  the  first  instance 
may  be  confirmed.     St.  1888,  420. 

The  probate  of  a  will,  or  a  determination  of  intestacy,  is  made  conclu- 
sive in  certain  cases  after  two  years.     St.  1889,  435. 

Disposition  of  certain  moneys  unclaimed  or  not  payable  regulated.  St. 
1885,  376  ;  1889,  185,  449  §  2  ;   1890,  408.      (See  1893,  379.) 

Attorneys  maj'  appear  in  probate  proceedings,  and  pi'ocess  and  notices 
may  be  served  on  them  as  if  upon  the  parties.     St.  1890,  420. 

Sect.  2.  Jurisdiction  extended.  St.  1887,  332  §  2;  1891,  415,  425 
§  14;  1892,116;  1894,164,536.    (See  1891,  358  ;  1894,128,203,303,401.) 

Sects.  5-11.  Appeals  in  certain  cases  regulated.  St.  1887,  332  §  3  ; 
1888,  290;  1890,  261  §  3;   1891,  415  §  3  ;  1895,  116. 

Sects.  7,  8  amended.     St.  1888,  290. 

Sects.  9,  13  amended.  The  superior  court  is  to  act  in  certain  eases. 
St.  1890,  261.      (See  1891,  415.) 

Sect.  22.  See  St.  1893,  372.  Provision  for  a  constable  to  attend  the 
court  in  Suffolk.  St.  1884,  140;  1894,  66.  (See  1887,  156.)  And  in 
Middlesex.     St.  1895,  246  §  1. 

Sects.  27,28.  Provision  for  rearranging  worn  records  and  dockets.  St. 
1891,  225. 

Sect.  32.     See  St.  1885,  376  ;  1889,  185  ;  1890,  408  ;  1893,  379. 

Sect.35.    Expenses  may  also  be  awarded.    St.  1884, 131.    (Seel884,  291.) 

Sect.  44.  Limit  of  expense  changed.  St.  1893,  422.  (See  1884,  118  ; 
1887,  217.) 

Sect.  45.     See  St.  1886,  224. 

Sect.  48.     Provision  made  for  cases  of  holidays.     St.  1884,  141. 

Courts  shall  always  be  open  for  matters  in  equity  hearings,  contempt  pro- 
ceedings and  for  making  orders  and  decrees  in  such  matters,  except  on 
legal  holidays.     St.  1895,  215. 

Changes  in  sessions :  Barnstable;  St.  1893,  343.  Franklin;  1887,46. 
Hampden;  1884,  294.  Hampshire;  1886,  145.  Middlesex;  1889,  182. 
Plymouth;  1887,63;  1889,269.  (See  1889,237.)  Suffolk;  1892,202. 
(See  1893,  379.)     Worcester;  1893,348. 

Chapter  157.  — Of  Courts  of  Insolvency. 

Petition  may  be  brought  in  county  where  debtor  had  a  usual  place  of 
business.     St.  1893,  405. 

Attorneys  may  appear  and  be  served  with  notices  and  .process.  St. 
1890,  120. 


854  Changes  in  the  [Chai'.  157. 

Jniisdiction  in  equity  given  in  insolvenc}'  cases.     St.  1894,  164. 
Uniform  rules  of  practice  pro^'lded  for.     St.  1893,  372. 
Two  judges  in  Suffollv.     St.  1893,  379.    And  in  Middlesex.     St.  1894,  527. 
Composition  Avith  creditors  provided  for  and  regulated.     St.  1884,  236; 

1885,  353  ;   1889,  406  ;  1890,  387;   1895,  394  §  4."     (See  1886,  322  ;  1888, 
405.) 

Provision  made  for  special  judgments  against  insolvent  debtors  whose 
propert^^  is  under  attachment  or  brought  within  the  control  of  the  court. 
St.  1885,  59  ;  1892,  209.  And  where  bond  to  dissolve  attachment  or  pros- 
ecute review  is  given,  and  debtor  discharged  in  composition  proceedings. 
St.  1888,  405;   1895,  234  §  4. 

Voluntary  assignments  are  authorized  and  proceedings  regulated.  St. 
1887,  340. 

Skct.  3.  Courts  shall  always  be  open  for  certain  purposes  except  on 
legal  holidays.     St.  1895,  215. 

Spxt.  5.     Commitments  for  contempt  may  be  made  to  any  jail.     St. 

1886,  224. 

Sect.  15.     See  St.  1894,  164. 

Sect.  16.     See  St.  1893,  405  §  1. 

Sects.  19,  80.  Accidental  delay  or  omission  to  file  schedules  not  to 
defeat  discharge.  St.  1886,  290.  Nor  failure  to  keep  proper  books  in 
certain  cases.     St.  1894,  496. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  293. 

Sects.  36-38.     See  St.  1889,  420." 

Sects.  36,  91.  Appeal  is  to  be  entered  on  next  return  day.  St.  1885, 
384  §  5. 

Sect.  40.  Non-resident  assignees  must  appoint  a  resident  agent.  St. 
1889,  313.     (See  1890,  420.) 

Sect.  46.  Voluntary  assignments  are  valid  against  an  assignee  in  insol- 
vency, subsequently  appointed,  in  certain  cases.     St.  1887,  340. 

A  mortgage,  if  recorded  more  than  four  months  after  its  date,  is  not  good 
against  assignee  in  certain  cases.     St.  1888,  393. 

Sects.  64-66.  Provision  made  for  case  of  death  of  assignee  after  dis- 
posal of  property  and  before  settlement  of  accounts.     St.  1891,  400. 

Sect.   70.     Fees  of  witnesses  regulated.     St.  1890,  277. 

Sect.  84.  No  claim  against  a  pledgee,  created  by  an  unauthorized  sale 
of  the  collateral  security,  shall  be  discharged.  St.  1885,  353  §  6.  (See 
1884,  236  §  9.) 

Sect.  93  amended  b}^  omitting  the  clause  making  the  giving  of  pref- 
erences an  objection  to  a  discharge.     St.  1886,  322. 

Sect.  96  et  seq.  A  pledge  or  payment  of  a  reasonable  sum  for  legal 
services  may  be  alloAved.     St.  1889,  420. 

Sect.  99.  If  the  debtor  does  not  apply,  the  court  may  make  an  allow- 
ance to  his  wife  or  minor  children.     St.  1888,  67. 

Sect.  102.     Accounts  must  be  sworn  to.     St.  1884,  126. 

Sect.  103.  Provision  made  for  investment  of  unclaimed  dividends. 
St.  1883,  242. 

Sect.  112 -is  revised.  St.  1895,  209.  (See  1890,  431;  1893,  405  §  2; 
1894,  261.) 


Chaps.  158, 159.]  PuBLIC   STATUTES.  855 

Sect.   115  is  revised.     St.  1894,  139. 

Sect.   116  amended.     St.  1893,  405  §  3. 

Sect.  120  repealed  and  a  substitute  passed.  St.  1894,  30.  (See  1893, 
405  §  4.) 

Sects.  127-130,  136.  Provision  made  for  insolvency  proceedings  by  and 
against  certain  foreign  corporations.     St.  1890,  321. 

Sects.  137,  138  are  repealed  and  fees  established.  St.  1895,  394.  (See 
1885,  353  §  4;   1889,  417;  1892,  359.) 

Sect.  139  amended.  Provable  costs,  expenses,  etc.,  limited.  St.  1892, 
359.      (See  1895,  394.) 

Chapter  158. —  Of  Judges  and  Registers  of  Probate. 

Judo'es  may  act  for  or  assist  each  other.  St.  1892,  337  ;  1894,  377. 
Two  judo-es  in  Suffolk.    St.  1893,  379.    And  in  Middlesex.     St.  1894,  527. 

Register's  accounts  regulated.  St.  1894,  183.  (See  1887,  438  ;  1888, 
275;  1890,  216,  306;   1893,  270.) 

Sect.  8.  Registers  shall  send  to  the  State  treasurer  copy  of  inventory 
of  estates  subject  to  a  collateral  succession  tax.     St.  1891,  425  §  10. 

Sect.   10.     Powers  of  registers  enlarged.     St.  1894,  199. 

Sect.  23.  Salaries  of  judaes  fixed.  St.  1893,  469.  (See  as  to  Barn- 
stable ;  St.  1887,  166.)  Berkshire  ;  1884,  192.  Bristol;  1885,  165  ;  1889, 
211.  Dukes;  1885,  318.  Essex;  1883,  244;  1888,  112.  Hampden; 
1894,  352.  (See  1886,  189.)  Middlesex;  1882,  129;  1886,  184;  1889, 
251.  Junior;  1894,  427.  Nantucket;  1890,  115.  Norfolk;  1887,  72. 
Plymouth;  1886,  183.  Suffolk;  1885,  203;  1893,  379.  Worcester; 
1885,  275. 

Salaries  of  registers  and  assistant  registers  fixed.  St.  1893,  469.  (See 
as  to  Berkshire  ;  St.  1884,  192.     Essex;  1887,  273.     Eranklin,  assistant; 

1893,  151.      Hampden:    1884,   248.     Middlesex;   1887,  259;   1891,  318. 
Suffolk;  1882,  144;   1891,  91.     Worcester;   1888,  152.) 

Sects.  23,  24.  Allowance  made  for  clerical  assistance :  Bristol ;  St. 
1889,136.  Essex;  1886,114;  1895,174.  Middlesex;  1893,344;  1895, 
459.  (See  1890,  192.)  Plymouth  ;  1894,  312.  Suffolk  ;  1892,  230  ;  1893, 
431;   1895,   364.      (See  1885,205;  1888,  280;   1889,  418.)     AVorcester ; 

1894,  259.      (See  1887,  39  ;  1889,  209.) 

Sect.  24  shall  not  apply  to  Suffolk.  St.  1885,  205  §  2.  Or  to  Frank- 
lin.    St.  1893,  151  §  2. 

Chapter  159.  — Of  Clerks,  Attorneys  and  Other  OflELcers  of  Judicial 

Courts. 

Sects.  2,  5,  31.  Clerical  assistance  provided  for.  St.  1893,  327;  1894, 
136. 

Sect.  3.  Clerk  shall  forward  to  attorney-general  copies  of  exceptions 
and  reports  in  cases  in  which  he  appears  for  the  Commonwealth.  St.  1890, 
374;   1895,  372. 

Sect.  4.  Fac-simile  of  clerk's  signature  may  be  used  on  all  processes 
except  executions.     St.  1886,  13. 


856  Changes  in  the  [Cuap.  159. 

Sect.  6.  "When  regular  clerk  is  absent,  county  commissioners  shall  ap- 
point one  of  their  number  clerk  2>''0  tempore.     St.  1890,  198. 

Sects.  8,  9,  31.  Additional  assistants  given:  Essex;  St.  1880,  444. 
Middlesex;  1889,  11;  1890,  201.  Suffolk;  1888,  153  (3d);  1889,  50 
(4th)  ;  1892,87  (5th)  ;  1895,  251  (equity)  ;  1895,  393,  480  (6th).  Signa- 
tures of  assistants  regulated.     St.  1889,  215;  1895,  251. 

Sect.  13.     Keturn  of  oath  required.     St.  1894,  228. 

Sects.  27,  28.  Accounting  for  fees,  etc.,  regulated.  St.  1887,  291, 
438;  1888,  257;  1890,  209,  215,  216;   1891,  87,^236.     (See  1890,  360.) 

Clerks  must  deposit  public  funds  bej^ond  what  are  required  for  immediate 
use.  St.  1890,  215.  Certain  unclaimed  funds  are  to  be  paid  to  the  treas- 
urer of  the  Commonwealth.     St.  1890,  330. 

Sects.  29,31.  Salaries  changed  :  Clerks:  Supreme  judicial  court,  Suf- 
folk ;  St.  1887,  291.  Superior  court,  Barnstable  ;  1892,95.  Dukes;  1887, 
112.  Berkshire,  Bristol,  Essex,  Franklin,  Hampden,  Hampshire,  Middle- 
sex, Nantucket,  Norfolk,  Plymouth,  Suffolk  and  Worcester;  1888,  257. 
Assistant  clerks  :  iNIiddlesex  ;  1892,  187.  Suffolk;  1885,250;  1893,153, 
190.  Worcester;  1891,  92.  (See  1889,  11;  1890,  201;  1895,  251, 
293.) 

Sect.  34  et  seq.  Women  may  be  admitted  to  practise.  St.  1882,  139. 
(See  1883,  252;  1889,  197.) 

The  fee  for  admission  to  the  bar  is  fixed.     St.  1888,  257  §  5. 

Sects.  34,  39.  Disbarred  attorneys  who  continue  to  practise,  and  per- 
sons falsely  representing  themselves  to  be  attorneys,  are  subject  to  a 
penalty.     St.  1891,  418.' 

Sect.  44.  Word  "suit"  applies  to  an v  proceeding  before  any  court. 
St.  1884,  170. 

Sects.  47,  48.  Masters,  assessors  and  referees,  and  arbitrators  under 
chapter  188,  upon  whose  awards  judgment  is  entered,  are  to  be  puitl  by  the 
county.     St.  1883,  216;  1886,  51  ;  1887,  289. 

Tliey  are  to  have  no  fees  unless  report  is  filed  within  ninety  days.  St. 
1888,  282. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  is  fixed  at  one  dollar.  St. 
1888,  257  §  5. 

The  probate  court  may  appoint  auditors  in  certain  cases.     St.  1889,  311. 

Sects.  56-63.  Publication  of  reports  regulated.  St.  1889,  471.  Re- 
porter's salary  fixed,  and  allowance  made  for  clerk  hire  and  incidental 
expenses.     St.  1892,  380.     (See  1889,  471  §  4.) 

Sect.  64  et  seq.  Number  of  oflScers  in  attendance  regulated,  their  duties 
defined  and  compensation  fixed,  in  Suffolk  :  Supreme  judicial  court ;  St. 
1882,  232  ;  1886,  37  ;  1887,  243  ;  1890,  294.  Superior  court ;  St.  1886, 
37;  1888,  357.  (See  1882,  245  §  3 ;  1883,  54.)  Middlesex  supreme 
judicial  and  superior  courts.     St.  1892,  107  ;   1895,  246,  369. 

And  in  probate  and  insolvency  courts.  St.  1884,  140;  1887,  156,  243  ; 
1895,  246. 

Uniforms  required  in  certain  cases.  St.  1888,  371  ;  1891,  181  ;  1892, 
107  §  5;   1895,  246  §  3. 

Sects.  72,  75  are  revised.  Official  stenographers  provided  for  in  al! 
counties,  and  tlieir  dutie';  :ind  lompensation  fixed.     St.  1885,  291  ;   1887, 


Chaps.  160, 161.]  PuBLIC    STATUTES.  857 

24,  74 ;  1889,  324 ;  1892,  133  ;  1893,  404,  452  ;  1894,  68,  .330,  424.     (See 
1895,  153  §  2.) 

Chapter  160.  —  Special  Provisions  respecting  Courts  and  the  Admin- 
istration of  Justice. 

Sect.  4.  When  Christmas  falls  ou  Sunday  the  courts  are  not  open  on 
the  following  day.  St.  1882,  49.  The  first  Monday  of  September  is 
"Labor's  holiday."  St.  1887,  263.  Fast  day  abolished  and  April  19 
made  a  holiday.     St.  1894,  130.      (See  1888,  254.) 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised;  jurisdiction  is 
given  to  the  lower  courts.  St.  1885,  345  ;  1886,  45,  203  ;  1887,  36,  329  ; 
1891,  180,  419;  1892,  348.  (See  1884,  298  §  38;  1888,  257  §  4;  1893, 
376,  417  §  237.) 

Sect.  9  is  repealed  ;  primary  declarations  may  be  made  at  any  time.  St. 
1886,  45;   1891,  180. 

Chapter  161.  —  Of  the  Commencenient  of  Actions  and  the  Service  of 

Process. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  390. 

Sect.  1  applies  to  equity  suits.     St.  1883,  223  §  13. 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  may  change  the 
venue  in  certain  cases.     St.  1887,  347. 

Sect.  10.  The  motion  may  be  filed  within  thirt}"  days  after  the  da}^  for 
appearance.     St.  1885,  384  §  14.      (See  1892,  169.) 

Sect.  13  et  seq.  All  civil  actions,  at  law  or  in  equit}^  (except  replevin), 
in  the  supreme  judicial  and  superior  courts,  may  be  commenced  in  either 
form.     St.  1887,  383. 

Fac-simile  of  clerk's  signature  may  be  used  on  certain  processes.  St. 
1886,  13.      (See  1885,  321.) 

No  original  writ  issued  by  a  trial  justice,  or  district,  police  or  municipal 
court,  shall  be  returnable  more  than  sixtv  days  from  date.     St.  1892,  148  : 

1893,  396  §  17. 

Sects.  23,  27.  Terms  are  abolished  and  writs  are  returnable  on  first 
Monday  of  each  month.     St.  1885,  384. 

Sects.  32,  34,  36.     See  St.  1884,  330  ;  1886,  230  ;  1889,  393  ;  1890,  321. 

Sects.  38-60.  The  right  to  attach  the  property  of  newspaper  offices  is 
limited.     St.  1890,  377. 

Sect.  62.  All  attachments  must  be  deposited  in  the  registrv  of  deeds. 
St.  1889,  401.     (See  1892,  289.) 

Sect.  84.  .Justices  of  the  supreme  judicial  ov  superior  court  may  order 
clerk  to  issue  process  in  cases  pending  in  another  eountv.  St.  1886,  223. 
(See  1885,  384  §  3.) 

Sect.   122.     A  fidelity  insurance  company  ma}'  be  the  onlv  surety.     St. 

1894,  522  §  61.     (See  1884,  296  §  3;  1887,  214  §  61.) 

Sect.  1 22  et  seq.  Bonds  must  contain  a  provision  for  special  judgments 
under  St.  1888,  405.     (See  1885,  59.)     The  sureties  are  released  by  priuci- 


858  ChAJNGES   in   the  [Chai'S.  1G2-167. 

pal's  discharge  in  insolvency  proceedings  begun  within  four  months.     St. 
1889,  470.     Ollice  of  commissioner  of  insolvency  abolished.     St.  1895,  100. 
Sect.   127.     See  St.  1892,  359. 

Chapter  162.  — Of  Arrest,  Imprisonment  and  Discharge. 

Sect.  1.     Office  of  commissioner  of  insolvenc}' abolished.    St.  1895,  100. 

Sects.  17,  18,  20,  25,  27,  28,  33,  34,  54  are  amended.  Poor  debtor  pro- 
ceedings are  regulated.  St.  1888,  419  ;  1889,  415  ;  1890,  128;  1891,  271, 
313,  407.     (See  1887,  422;   1893,  62;   1894,  184;  1895,  308.) 

The  place  of  proceedings  is  fixed.     St.  1894,  184. 

Sect.  17.  Notice  of  examination  must  be  given  under  either  of  the 
charges  in  this  section.  St.  1887,  442.  Affidavit  may  be  made  at  any  time 
before  the  certificate  is  issued.     St.  1891,  407. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disabilit}'  of  the  magistrate,  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  442  §§  3,  4. 

Sect.  36.  If  recognizance  is  not  satisfactorv  debtor  may  be  imprisoned. 
St.  1889,  415  §  4.     ^ 

Sect.  68.  The  fees  are  changed,  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.     St.  1888,  419  §  13  ;  1889,  415  §§  6,  7;  1893,  62'. 

Chapter  163.  —  Of  Bail. 

Sect.  4.     Office  of  commissioner  of  insolvency  abolished.    St.  1895, 100. 
Sect.   12  is  amended.     The  bail  is  discharged  on  paving  costs,  if  the 
principal  dies.     St.  1884,  260. 

Chapter  164,  —  Of  Proceedings  against  Absent  Defendants,  and  upon 

InsuflQcient  Service. 

Provision  made  for  service  on  foreign  corporations.  St.  1884,  330. 
(See  1886,  230;   1889,  393;   1890,  321.) 

Sect.  6.  Notice  must  be  given  within  one  year  to  a  non-resident  of 
attachment  of  his  real  estate.  St.  1884,  268.  (See  1892,  289.)  Personal 
service  may  be  ordered  in  certain  cases.     St.  1894,  384. 

Sect.  7  amended  as  to  time  for  appearance.     St.  1885,  384  §  8. 

Chapter  167.  — Of  Pleading  and  Practice. 

Court  terms  are  abolished,  return  davs  changed  and  practice  regulated. 
St.  1883,  223  ;  1884,  304,  316 ;  1885, 384  ;  1887,  332,  380, 383  ;  1890,  154, 
374,  398,  451  ;   1891,  227,  362;   1892,  440;   1893,  61. 

Where  there  are  two  or  more  shire  towns,  the  shire  town  at  which  an 
action  shall  be  tried  mav  be  designated  on  entry  of  the  writ.  St.  1882, 
264. 

All  civil  actions  at  law  or  in  equity  (except  replevin)  in  supreme  judicial 
or  superior  court  may  be  begun  by  bill  or  petition,  or  by  writ  with  bill  or 
petition  inserted,  and  relief  given  as  the  case  requires.     St.  1887,  383. 

Claimants  of  funds  in  defendant's  hands  may  be  summoned  in  and  the 
parties  required  to  interplead.     St.  1886,  281.     (See  1883,  62  ;  1888,  345.) 


Chap.  169.]  PuBLIC   StATUTP^S.  859 

Sects.  2-10.  A  form  for  declaring  for  recovery  of  interest  is  estab- 
lished.    St.  1890,  398. 

Sect.  8.  If  copy  is  not  furnished,  the  action  may  be  discontinued  on 
motion.     St.  1894,  405. 

Sect.  9  amended.  On  failure  to  file  a  declaration  the  action  may  be 
dismissed  on  motion.     St.  1885,  384  §  6. 

Sects.  9,  11-20,  24-29,  40,  41  and  81  apply  to  actions  in  district  and 
police  courts.     St.  1893,  396  §  23. 

Sect.  11.  Demurrers  in  equity  regulated.  St.  1883,  223  §  10.  (See 
1887,  383  §  2.) 

Sect.  13  et  seq.  Any  matter  which  in  equity  would  entitle  the  defendant 
to  be  absolutely  relieved  from  plaintiff's  claim  may  be  alleged.  St.  1883, 
223  §  14  ;   1887,  383. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action  be 
changed  to  equity..     St.  1883,  223  §  17  ;   1887,  383  §  3. 

Sects.  46.  47  are  repealed,  and  new  provisions  made  as  to  defaults.  St. 
1885,  384  §§  7-11. 

Sects.  64,  67  et  seq.  Provision  made  for  postponement,  etc.,  of  cases 
on  trial  list.     St.  1884,  304:  1890,  154.     (See  1890,  451.) 

A  printed  daily  trial  list  of  civil  cases  is  required  in  superior  court,  Suf- 
folk.    St.  1889,  459. 

An  attorney  when  actually  engaged  in  the  trial  of  a  cause  in  the  supreme 
judicial  or  superior  court  is  not  obliged  to  proceed  to  trial  of  another  cause, 
unless  the  court  deems  it  just  and  reasonable.     St,  1890,  451. 

Sect.  65.     See  St.  1893,  396  §  20. 

Sect.  69.     Time  for  filing  claim  for  jury  trial  extended.     St.  1894,  357. 

Sect.  70.     See  St.  1882,  239  ;  1894,  412. 

Sect.  80.  Retraction  of  libel  may  be  proved  in  mitigation  of  damages. 
St.  1895,  441. 

Sect.  89.     See  St.  1893,  396  §  23. 

Sect.  90.     District  court  of  Hampshire  is  added.     St.  1891,  139. 

Police  courts  may  order  defendant  to  answer.     St.  1886,  64. 

Chapter  169.  — Of  Witnesses  and  Evidence. 

Treatment  of  witnesses  in  custody  regulated.  St.  1894,  160,  270.  Com- 
pensation allowed  for  detention  in  jail.     St.  1894,  406. 

Sect.  1  is  revised  and  right  to  issue  summonses  extended.  St.  1885, 
141  ;  1889,  197.      (See  1884,  247.) 

Sect.  5.     See  St.  1886,  224. 

Sects.  7,  8  extended  to  boards  of  police  commissioners.     St.  1882,  267. 

Justices  of  supreme  judicial  or  superior  court  may  compel  attendance  of 
witnesses  before  tribunals  having  power  to  summon,  but  not  to  compel 
attendance.     St.  1883,  195. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear,  no  notice  of 
taking  deposition  or  exhibition  of  interrogatories  is  required.    St.  1883, 188. 

Sect.  54  is  amended.  Notice  to  non-resident  parties  is  provided  for. 
St.  1882,  140. 

Sects.  69,  70.     Attested  copies  of  rules  of  boards  of  aldermen,  ordi- 


860  Changes  ln^  the  [(haps.  170-172. 

nances  of  cities,  by-laws  of  towns  and  records  of  cities  and  towns  are  ad- 
mitted, St.  1889,  387.  And  sworn  copies  of  records,  books  and  accounts 
of  savings  banks.     St.  1885,  92. 

Chapter  170.  —  Of  Juries. 

Sect.  6.  Preparation  of  list  of  jurors  in  Nantucket  regulated.  St.  1891, 
131. 

Sect.  7.     Publication  of  lists  of  jurors  provided  for.     St.  1894,  .514  §  3. 

Sect.  10.  Venires  for  jurors  for  the  supreme  judicial  court  in  Barn- 
stable regulated.     St.  1889,  173. 

Sect.  17.     Drawing  jurors  in  cities  regulated.     St.  1894,  514. 

Sect.  24.  Special  provisions  made  for  preparation  of  jurv  lists  in  Bos- 
ton.    St.  1888,  123. 

Sect.  35.  Jurors  may  be  examined  by  parties  or  their  attorneys,  under 
direction  of  the  court.     St.  1887,  149. 

Sects.  36,  37.     See  St.  1895,  120. 

Chapter  171.  —  Of  Judgment  and  Execution. 

Judgments,  orders  and  decrees  must  bear  date  of  entrv-  St.  1885,  384 
§  13. 

No  judgment  or  decree  affecting  title  to  real  estate  shall  be  valid  against 
third  parties  without  notice,  unless  recorded.  St.  1892,  289.  (See  1889, 
401.) 

Sects.  1,  17-24.  Special  judgments  are  provided  for  against  insolvents 
whose  property  is  attached,  or  under  control  of  a  court  of  equity  on  a  cred- 
itor's bill  or  otherwise.  St.  1885,  59  ;  1892,  209.  And  where  bond  is 
given  to  dissolve  attachment  or  prosecute  review,  and  defendant  is  dis- 
charged in  composition  proceedings.  St.  1888,  405.  (See  1884,  236  ; 
1886,  353.) 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  exempted. 
St.  1886,  125  §  2  ;  1890,  421  §  23.  Also  military  equipments.  St.  1893, 
367  §  71.     (See  1885,  183  §  11 ;  1887,  214  §  73,  411  §  71.) 

Sect.  39.  When  a  sale  has  been  enjoined  court  may  order  adjournments 
until  furtlier  order.     St.  1884,  175. 

Sects.  52,  53.  Provision  made  for  record  of  seizure  in  cases  where  the 
levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  407. 

Sect.  54.  In  case  of  sickness  or  absence  of  the  oflicer  another  may  be 
delegated.     St.  1885,  125. 

Chapter  172.  —  Of  the  Levy  of  Execution  on  Real  Estate. 

Sect.  22.  Execution  and  certificate  must  be  recorded  in  clerk's  office. 
St.  1895,  437. 

Sect.  30.  Enjoined  sales  may  be  adjourned  by  the  court  granting  the 
injunction.     St.  1884,  175. 

Sects.  32,  49.  Right  of  redemption  extended  to  lands  set  off.  St. 
1886,  86. 


Chaps.  173-180.]  PuBLIC    STATUTES.  861 


Chapter  173.  — Of  the  Writ  of  Entry. 

Sect.  2.  Notwithstanding  disseizin  or  adverse  possession  a  oonveyauce 
of  real  estate  otherwise  valid  vests  in  the  gi'autee  the  rights  of  entry  and 
of  action  for  recoverv.     St.  1891,  354. 


Chapter  175.  —  Of  the  Summary  Process  for  the  Recovery  of  Land. 

Sect.  1.     See  St   1891,  354. 

Sect.  2  et  seq.     See  St.  1893,  396  §§  12,  13,  25,  29,  423  §  27. 
Sects.  6,  7,  8.     A  bond  instead  of  a  recognizance  is  to  he  given.     St. 
1888,  325. 

Chapter  176.  — Of  Petitions  for  the  Settlement  of  Title. 

This  chapter  is  repealed  and  a  substitute  enacted.     St.  1893,  340. 

Provision  made  for  barring  action  ou  an  undischai'ged  mortgage  after 
possession  by  the  mortgagor  for  twenty  vears  without  act  of  recognition. 
St.  1882,  237  ;  1885,  283  ;   1890,  427  §  l".     (See  1889,  442.) 

Provision  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations,  etc.,  more  than  thirty  years 
old,  appearing  of  record.  St.  1889,  442  ;  1890,  427  §  2.  (See  1882,  237  ; 
1885,  283.) 

Chapter  178.  —  Of  the  Partition  of  Land. 

Sects.  2,  9,  75  extended.  Land  in  different  counties  may  be  divided 
in  one  proceeding.     St.  1888,  346. 

Sect.  13.  The  right  to  remove  petitions  for  partitions  under  this  section 
is  taken  away.     St.  1892,  169.      (See  1885,  384  §  14.) 

Sect.  45  et  seq.  The  probate  court  may  set  off  his  share  to  petitioner 
and  allow  the  residue  to  remain  in  common.  St.  1885,  293.  (See  1887, 
286;  1888,  346.) 

Sect.  51.     Words  "  newspaper  or"  inserted.     St.  1882,  55. 

Sect.  57  repealed.     St.  1895,  118. 

Sect.  63  amended.     St.  1882,  6  §  2. 

Sects.  64-75.  Provision  made  for  partitions  w^here  there  are  estates  for 
life  or  for  a  term  of  years,  and  a  remainder-man.     St.  1887,  286. 

Sect.  65  amended.     St.  1894,  104. 

Sect.  69.  No  petition  for  partition  shall  be  defeated  because  a  party 
has  paid  off  an  incumbrance  which  other  parties  were  entitled  to  redeem, 
but  the  decree  shall  prescribe  terms  of  redemption.     St.  1889,  468. 

Sect.  75.     See  St.  1888,  346  §  3. 

Chapter  180.  —  Of  Actions  for  Private  Nuisances. 

Fences  and  other  like  structures  over  six  feet  in  height,  inaliciously 
erected  or  maintained,  are  declai-ed  private  nuisances.     St.  1887,  348. 


862  Changes  in  the  [Chaps.  18i-i87. 


Chapter  181. —  Of  the  Redemption  and  Foreclosure  of  Mortgages. 
Sect.  17.     The  notice  may  be  given  in  some  newspaper  in  the  county  if 
there  is  none  in  the  tOAvn.     St.  1882,  75. 

Sect.  27.  The  mortgagee  may  proceed  with  a  sale  ah'eady  advertised 
unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined.     St.  1888,  433. 

Chapter  183.  —  Of  the  Trustee  Process. 

Sect.   1.     See  St.  1883,  223  §  11. 

Sect.  3.  Where  a  trustee  is  made  a  party  for  the  purpose  of  giving 
jurisdiction  in  the  county  where  the  trustee  resides,  the  parties  not  residing 
there,  the  action  may  be  transferred.  St.  1893,  285.  (See  St.  1893,  396 
§  13.) 

Sect.  7  extended  to  trial  justices.     St.  1887,  33. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  daj's  from  the 
return  day  of  the  writ.     St.  1885,  384  §  9. 

Sect.  29  et  seq.  The  wages  or  lay  of  seamen  are  exempted.  St.  1886, 
194.     But  not  of  fishermen.     St.  1890,  289. 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  not  liable 
to  attachment.  St.  188G,  125;  1890,  421  §  23.  (See  1885,  183  §  11; 
1887,  214  §  73.) 

Sect.  38.  Provision  is  made  for  executions  in  favor  of  claimants.  The 
provision  as  to  proceedings  under  chapter  161,  sections  80,  82,  83,  is  omitted. 
St.  1888,  345.      (See  1883,  62;   1886,  281.) 

Sect.  73.  In  a  suit  by  the  defendant  against  the  trustee,  pending  the 
trustee  process,  the  costs  are  in  the  discretion  of  the  court.  St.  1883,  62. 
(See  1886,  281  ;  1888,  345.) 

Chapter  184.  —  Of  the  Replevin  of  Property. 

In  case  of  appeal  from  the  lower  courts  bv  the  plaintiff,  no  bond,  recog- 
nizance or  deposit  is  required.     St.  1890,  224.      (See  St.  1893,  396  §  29T) 

Sects.  18,  19.  Sureties  may  be  approved  by  a  justice  of  a  police,  dis- 
trict or  municipal  court.     St.  1895,  388.     (See  1894,  522  §  61.) 

Chapter  185.  —  Of  Habeas  Corpus  and  Personal  Replevin. 

Probate  courts  are  given  jurisdiction  in  cases  of  alleged  restraint  of  per- 
sonal liberty.     St.  1894,  536. 

Sect.  3.  Provision  for  habeas  corpus  in  poor  debtor  proceedings.  St. 
1888,  419  §  12. 

Sect.   18  is  amended.     St.  1882,  6  §  3. 

Chapter  187.  —  Of  Writs  of  Error  and  Writs  of  and  Petitions  for 

Review. 

Upon  a  writ  of  error  or  other  proceeding  to  reverse  or  avoid  a  conviction, 
or  discharge  a  prisoner,  the  fact  that  the  person  was  under  seventeen  years 
of  age  shall  not  be  deemed  material.     .St.  1892,  2()6. 

Sects.  16-39  are  repealed  and  revised.  St.  1895,  234.  (See  1882,  249  ; 
1888,  405  §  3  ;   1893,  396  §  33.) 


Chaps.  188-192.]  PUBLIO    STATUTES.  S6S 


Chapter  188.  —  Of  Reference  to  Arbitration. 

The  fees  of  arbitrators  under  this  chapter,  upon  whose  awards  judgment 
is  entered,  are  to  be  paid  by  the  county.  St.  1887,  289.  (See  1883,  216  ; 
1886,  51.) 

Chapter  189.  — Of  Improving  Meadows  and  Swamps. 

Sect.  15.  "Return  day  "  is  substituted  for  "court  held."  St.  1885, 
384  §  5. 

Chapter  190.  —  Of  Mills,  Dams  and  Reservoirs. 

Sect.  48  is  extended  to  any  stream,  on  certain  conditions.     St.  1892,  55. 

Sect.  53  et  seq.  County  commissioners  may  examine  dams  and  reser- 
voirs upon  their  own  judgment,  and  proceed  as  if  application  had  been 
made  to  them.     St.  1891,  315  ;  1893,  99. 

Chapter  191.  — Of  Liens  on  Buildings  and  Lands. 

Provision  for  speedy  trials  in  superior  court,  Suffollv.     St.  1894,  283. 

Sect.  6.  Certain  inaccuracies  not  to  invalidate  the  statement  if  parties 
were  not  misled.     St.  1892,  191. 

Sect.  12  is  repealed.     St.  1888,  344  §  4. 

Sects.  13,  16,  17  are  revised,  and  new  method  of  procedure  prescribed. 
St.  1888,  344.  District  and  police  courts  have  jurisdiction  when  the  claim 
does  not  exceed  one  thousand  dollars.     St.  1893,  396  §  12. 

Sects.  42,  43.  Any  person  to  whom  a  debt  would  be  payable  for  labor 
or  materials,  if  it  were  not  for  a  lien,  may  dissolve  such  lien  by  bond.  St. 
1890,  383.  Sureties  may  be  approved  by  a  justice  of  a  police,  district  or 
municipal  court.     St.  1895,  404. 

Sect.  45.     Creditor's  attorney  may  discharge  lien.     St.  1891,  244. 

Chapter  192.  — Of  Mortgages,  Conditional  Sales,  Pledges  and  Liens 
on  Personal  Property. 

A  pawnbroker's  license  is  required  in  certain  cases  for  carrying  on  busi- 
ness of  loans,  etc.,  on  personal  property.    St.  1895,  497.     (See  1894,  416.) 

The  provisions  of  this  chapter  shall  not  apply  to  contracts  under  St. 
1894,  326. 

Sects.  1,  2  are  repealed,  and  new  provisions  made  as  to  recording.  St. 
1883,  73. 

The  discharge  of,  and  redemption  of  security  for,  small  loans  regulated. 
St.  1888,  388;   1890,  416;  1892,  428.     (See  1885,  252;  1895,  497.) 

Mortgages  of  household  furniture  are  regulated  in  certain  cases.  St. 
1892,  4'28'^§  3. 

Sects.  7,  10.     See  St.  1892,  428  §  4. 

Sects.  10-12.  Debts  or  claims  against  a  pledgee,  created  by  an  unau- 
thorized sale  of  the  collateral,  are  not  discharged  in  insolvency.  St.  1885, 
353  §  6.     (See  1884,  236  §  9.) 

Sect.  13.  Conditional  sales  of  furniture  or  household  effects  are  regu- 
lated.    St.  1884,  313  ;   1892,  411. 


864  Changes  in  the  [Chai's.  195-199. 

Sect.  24.  Courts  in  the  count}'  where  the  petitioner  has  his  usual  place 
of  business  also  have  jurisdiction.     St.  1888,  46. 

Sect.  26  amended  to  conform  to  section  24.     St.  1893,  173. 

Sect.  31.  Disposition  of  unclaimed  baggage,  etc.,  regulated.  St. 
18i)3,  419. 

Chapter  195.  —  Of  tlie  Colleetion  of  Claims  against  the  Commonwealth. 

Sect.  1  is  extended  to  all  claims,  whether  at  law  or  in  equity,  except 
those  mentioned  in  section  7.     The}'  are  subject  to  set-off.     St.  1887,  246. 

Chapter  197.  — Of  the  Limitation  of  Personal  Actions. 

Actions  to  recover  forfeitures  for  selling  licpior  to  a  minor  are  limited  to 
two  years.     St.  1889,  390. 

Actions  by  and  against  assignees  in  insolvency  are  limited.     St.  1895,  432. 

Chapter  198.  —  Of  Costs  in  Civil  Actions. 

When  two  or  more  cases  are  tried  together  in  the  supreme  judicial,  supe- 
rior, or  any  police,  municipal  or  district  court,  the  costs  may  be  reduced  by 
the  presiding  judge.     St.  1892,  231. 

Sect.  25  is  revised.     Time  of  hearing  appeals  changed.     St.  1882,  235. 

Sects.  28-31.  Term  fees  are  abolished.  St.  1888,  257;  1889,  433; 
1890,  209;  1891,  87.     (See  1882,  264;  1890,  360.) 

Chapter  199. —  Of  the  Fees  of  Certain  Officers. 

In  criminal  cases,  if  the  complaint  is  unfounded,  frivolous  or  malicious, 
the  magistrate  may  refuse  to  allow  fees  to  complainant.  St.  1890,  440 
§  13. 

Sect.  2.  In  police,  disti'ict  and  municipal  courts  no  court  fees  are 
allowed  in  criminal  cases.     St.  1890,  256. 

Sects.  2,  3.  The  fees  of  trial  justices  and  mode  of  approval  and  certifi- 
cation are  established.  St.  1890,  353;  1891,  325;  1892,  200  §  3.  (See 
1890,  440;  1892,  160.) 

Sects.  4,  5.  The  entry  fee  covers  all  clerks'  fees,  except  in  certain 
cases.     St.  1888,  257;  1889,433;  1890,  209;  1891,87.     (See  1890,  360.) 

Sect.  6.  Fees  for  summoning  witnesses  in  criminal  cases  fixed.  St. 
1882,  215. 

Sect.  9  is  revised.  Certain  charges  for  horse  hire  are  allowed.  St. 
1885,  254. 

Sects.  14,  39.  AVhen  two  or  more  cases  ai-e  tried  together  the  presiding 
judge  may  reduce  the  fees  and  costs.     St.  1892,  231. 

Sect.  14.  Fees  of  Avitnesses  in  insolvency  proceedings  regulated.  St. 
1890,  277. 

Sect.  15  repealed.     Appraisers'  fees  regulated.     St.  1886,  135. 

Sect.  20.  Fees  are  paid  to  county,  and  registers  and  assistants  paid  by 
salary.     St.  1895,  493. 

Sects.  23-27  apply  to  registers  of  probate  and  insolvency.  St.  1893, 
469  §  2. 


Chaps.  200-203.]  PuBLIO    STATUTES.  865 

Sects.  30,  34  et  seq.  OfHcers'  fees,  costs  and  expenses  regulated.  St. 
1890,  440;   1891,   70,  325,  392;   1892,  200.      (See   1889,  469  ;   1890,  166; 

1892,  231.) 

Sects.  32,  39.     See  St.  1892,  231. 

Chapter  200. — ^.  Of  the  Rights  of  Pex'sons  accused. 

Police  matrons  and  stations  for  detention  of  women  are  required  in  cer- 
tain cities.     St.  1887,  234;   1888,  181. 

Chapter  202.  —  Of  Offences  against  the  Person. 

Sect.   27.      Punishment  modified  and  "age   of  consent"   raised.      St. 

1893,  466.      (See  1886,  305  ;   1888,  391.) 

Chapter  203.  —  Of  Offences  against  Property. 

The  following  are  made  offences  :  — 

False  statements  of  the  distance  travelled  or  to  be  travelled  with  a  hired 
horse,  or  refusal  to  pay  the  hire.      St.  1882,  236. 

Obtaining,  by  false  representations,  certificates  or  transfers  of  registi'a- 
tion,  and  giving  false  pedigrees  of  cattle,  horses,  etc.  St.  1887,  143  ; 
1890,  334. 

Entering  or  driving  a  horse  disguised,  or  different  from  the  one  pur- 
ported to  be  entered,  to  compete  for  a  purse  or  premium.     St.  1892,  167. 

False  representations  to  overseers  of  the  poor,  etc.,  for  purpose  of  caus- 
ing any  person  to  be  supported  as  a  pauper.     St.  1891,  343. 

Selling  goods  marked  silver,  sterling  silver  or  coin  silver  containing  less 
than  the  required  proportion  of  pure  silver.     St.  1894,  292. 

Injuring  property  or  unlawful  diversion  of  electricity  of  an  electric  light- 
ing company.     St.  1895,  330. 

Sects.  10,  11  amended.     The  penalties  are  modified.     St.  1888,  135. 

Sect.  20.     The  penalties  are  changed  in  certain  cases.     St.  1889,  458. 

Sects.  20,  37,  40.  The  embezzlement  of  property  of  voluntary  associa- 
tions is  made  a  crime.     St.  1884,  174;   1886,  328.      (See   1887,  411  §  77.) 

And  of  money,  stocks  or  securities  held  by  brokers  under  written  direc- 
tions for  their  disposal.     St.  1892,  138.      (S'ee  1890,  437  §  3.) 

Sect.   21.     And  the  mutilation  of  a  will.     St.  1890,  391. 

Sect.  56  is  extended  to  agents,  clerks,  etc.,  of  persons  or  firms,  and  to 
omissions  to  make  true  entries.     St.  1885,  223. 

Sect.  58.  Fraudulent  use  of  certain  insignia  is  made  an  offence.  St. 
1887,  67;  1891,  15;   1894,  27,  117. 

Sects.  63,  64  extended  to  labels,  stamps  and  trade-marks  of  labor  and 
trade  associations.      St.   1890,  104.      (See   1893,  443;   1894,  285.) 

Sect.  79.  AVilful  detention  or  mutilation  of  books,  etc.,  of  public  or 
incorporated  libraries  are  oft'ences.     St.  1883,  77,  81. 

Sect.  95.     See  vSt.  1893,  403. 

Sect.  99.  Provision  is  made  to  prevent  trespass  on  private  land  by 
persons  with  fire-arms,  the  defacing  of  notices,  etc.  St.  1884,  308  ;  1890, 
403,  410.      (See  1886,  276  §  4.) 


866  Changes  in  the  [Chaps.  205, 207. 

And  on  lands  appurtenant  to  prisons  or  houses  of  correction.  St.  1885, 
303. 

Sect.  101,  The  tearing  down,  removal  or  defacinti'  of  a  warrant,  voting 
or  jury  list,  or  other  legal  notice,  is  made  punishabk".  St.  1883,  156  ; 
1887,  147  ;   1888,  436  §  28  ;   1889,  413  §  28. 

Sect.  103.  Municipal.,  district  and  police  courts  are  given  concurrent 
juristliction  in  certain  cases.     The  penalty  is  regulated.     St.  1887,  293  §  2. 

The  Avilful  defacing  and  misuse  of  milk  cans  is  made  an  offence.  St. 
1885,  133. 

Sect.  106.  The  penalty  is  increased.  One-half  the  fine  is  to  go  to  the 
informant.     St.  1889,  399. 

Sects.  107-109.  The  wilful  or  negligent  setting  of  fires  is  made  a  crime. 
St.  1882,  163;   1886,  296. 

"Wilful  or  wanton  destruction  of  property  by  a  convict  is  punishable. 
St.  1891,  295. 

Chapter  205.  —  Of  Offences  against  Public  Justice. 

The  following  are  made  offences  :  Procuring  fraudulent  divorces.  Unlaw- 
fully issuing  certificates  of  divorce.  Advertising,  by  one  not  a  member 
of  the  bar,  the  business  of  procuring  divorces.  St.  1886,  342  ;  1887,  320  ; 
1891,  59.  Falsely  representing  one's  self  to  be  an  attorney-at-law.  St. 
1891,  418. 

Interference  witli  police  signal  system.     St.  1888,  291. 

Trespass  on  lauds  appurtenant  to  prisons,  disturbance  of  prisons  and 
illicit  comuuinication  with  prisoners.  St.  1885,  303.  And  illicit  convey- 
ance of  articles  to  or  from  the  men's  reformatory  prison.      St.  1887,  339. 

Commitments  for  contempt  may  be  made  to  any  jail  and  served  in  any 
countv.     St.  1886,  224. 

Sect.  1.     Penaltv  modified.     St.  1892,  123. 

Sects.  9,  10  are  extended.     St.  1891,  349  ;  1892,  416. 

Sects.  11,  12  extended  to  county  officers.     St.  1893,  271. 

Chapter  207.  — Of  Offences    against    Chastity,    Morality    and    Good 

Order. 

Punislmients  are  provided :  For  keeping  or  resorting  to  a  place  where 
opium  is  used.  St.  1885,  73;  1895,  194.  For  the  exhibition  of  deformed 
persons.  St.  1884,  99.  For  unnatural  and  lascivious  acts.  St.  1887,  436. 
For  sending  to,  or  detaining  in,  a  liouse  of  ill-fame  anv  female  as  an  inmate 
or  servant.     St.  1888,  311. 

Sect.  2.  Further  provision  made  airainst  seduction,  uidawftd  inter- 
course and  assistance  thereto.     St.  1886,  329  ;  1888,  311. 

Sect.  9.  The  dying  declarations  of  the  woman  are  admissible  in  evi- 
dence.    St.  1889,  iOO. 

Sect.  15  is  extended  and  revised.  St.  1894,  433;  1895,  162.  (See 
1890,  70.) 

The  gift,  sale  or  distribution,  to  or  by  minors,  of  papers  devoted  to 
criminal  news  is  punishable.     St.  1885,  305. 


Chaps.  208, 209.]  PuBLIC   STATUTES.  867 

Sects.  20,  29,  34,  35.  Disorderly  or  indecent  speech  or  behavior  in 
public  conveyances  is  punishable.     St.  1883,  102. 

Sect.  22  is  extended  to  licensed  picnic  groves.  St.  1887,  445.  (See 
1885,  309.) 

Sect.  23.  Wilful  disturbance  of  persons  in  a  public  library  or  reading 
room  is  made  an  offence.     St.  1885,  225. 

Sects.  25-28  are  repealed,  and  new  provisions  made  as  to  proceedings 
and  punishments  in  cases  of  druukonness.  St.  1891,  427;  1892,  303; 
1893,  414,  445.  (See  1885,  365,  375;  1886,  323  §  2;  1888,  377;  1891, 
356;   1892,  160,  200.) 

Sect.  29.  Neglect  to  support  wife  or  minor  children  is  punishable. 
St.  1885,  176;  1893,  262.     (See  1882,  270;   1884,  210.) 

Sects.  29,  42.  Sentences  under  these  sections  regulated.  St.  1884, 
258  ;  1885,  365  ;  1886,  323  ;  1888,  49  ;  1892,  302.      (See  1892,  303.) 

Sects.  49,  50.  Removing  flowers  or  memorial  tokens  from  graves,  etc., 
without  authority  is  punisliable.      St.  1888,  395. 

Sects.  52-54.  The  docking  of  horses'  tails  is  forbidden  under  penalty. 
St.  1894,  461.      (See  1889,  267.) 

The  payment  of  fines  to  informers  under  these  sections  is  regulated.  St. 
1889,267;   1891,304,416;    1894,461. 

Sect.  69  is  extended.     St.  1895,  461.      (See  1885,  316;   1893,  436.) 

Chapter  208.  —  Of  Offences  against  Public  Healtli. 

Penalties  are  provided  for :  Sale  or  gift  of  cigarettes,  snuff  or  tobacco 
to  children  under  sixteen  ;  St.  1886,  72.  Feeding,  or  keeping  with  intent 
to  feed,  garbage,  offal,  etc.,  to  milch  cows  and  certain  food  animals;  St. 
1889,  326;  1895,  385.  Sale  of  clothing  made  in  unhealthy  places;  St. 
1891,  357  ;  1892,  296  ;  1893,  246.  Manufacture  or  sale  of  toys  or  confec- 
tionery containing  arsenic;  St.  1891,  374.  Pollution  of  water  supplies; 
St.  1884,  172.  Neglect,  after  notice  by  board  of  health,  to  repair  private 
drain  in  street;  St.  1893,312.  Adulteration  of  food  or  drugs ;  St.  1882, 
263;  1884,  289;  1886,  171  ;  1891,  319.  (See  1883,  263.)  (As  to  milk 
and  butter,  see  1884,  310  ;  1885,  352  ;  1886,  317,  318.)  Sale  for  medicinal 
purposes  of  drugs,  etc.,  without  being  a  registered  pharmacist;  St.  1885, 
313  §  9. 

Sect.  6,  Tiie  regulations  as  to  sale  of  poisons  are  revised.  St.  1888, 
209.      (See  1885,313;  1887,  38.) 

Chapter  209.  — Of  Offences  against  Public  Policy. 

It  is  made  unlawful  to  display  a  flag  or  emblem  of  a  foreign  country  on 
a  public  building  or  schoolhouse,  except  on  certain  conditions.  St.  1895, 
115. 

Provisions  to  prevent  lotteries  and  policy  lotteries.  St.  1892,  409  ;  1895, 
419. 

Property  shall  not  be  sold  or  exchanged  under  the  inducement  of  any 
gift  or  prize.     St.  1884,  277. 

Pretending,  in  writing,  to  hold  a  degree  of  a  college  or  school,  or  the 
approval  of  a  college  or  professional  school  of  a  person,  process,  treat- 


868  Changes  in  the  [Chaps.  210-212. 

ment  or  2:oods,  and  granting  degrees  withont  authority,  are  made  offences. 
St.  ISyS^aoo.      (See  1883/2G80 

Coercing  or  compelling  a  person,  as  a  condition  of  employment,  to  agree 
not  to  join  a  labor  organization  is  made  an  offence.     St.  1892,  330. 

Sects.   11-13.     See  St.  1892,  167. 

Chapter  210.  —  Of  Felonies,  Accessories,  Abettors  and  Attempts  to 

commit  Crimes, 

Sentences  are  regulated.  St.  1885,  365;  1886,  328;  1889,  113;  1891, 
200  ;  1895,  218,  469,  504.      (See  1887,  435  ;   1890,  316.) 

Chapter  211. — Of  Proceedings  to  prevent  the  Commission  of  Crime. 

Sects.  4,  5  amended.  Magistrate  may  impose  sentence  in  case  of  con- 
viction,    St.  1894,  505. 

Sect.  6  extended  to  all  criminal  cases.     St.  1890,  440  §  13. 
Skcts.   13,  16,  17.     See  St.  1893,  396  §  41. 

Chapter  212.  —  Of  Search  Warrants,  Rewards,  Arrests,  Examination,. 

Bail  and  Probation. 

Police  matrons  are  provided  for  in  certain  cities.  St.  1887,  234;  1888, 
181. 

Male  and  female  prisoners  shall  not  be  carried  to  or  from  court  together 
in  certain  cities.     St.  1894,  273. 

Provisions  in  regard  to  arrest  of  children  undir  twelve.     St.  1882,  127. 

Sect.  2.  Tickets  and  other  materials  for  pool  selling  are  added.  St. 
1885,  342  §  2.  Also  personal  property,  insui'ed  against  fire,  concealed  to 
defiaud  an  insurance  company.     St.  1890,  284.      (See  1890,  452.) 

Property  seized  under  St.  1890,  284,  shall  be  disposed  of  as  the  court 
orders.     St.  1890,  452. 

Sects.  5-10  applv  to  propcrt}'  seized  in  pool  rooms,  gaming  houses  and 
opium  joints.  St.  1894,  410;  1895,  194.  (See  1885,  73,  342  §  2;  1887, 
448  §  2;  1895,  419.) 

Sect.  9  is  extended  to  gaming  apparatus  and  certain  other  articles.  St. 
1885,  66. 

Sect.  15.  If  magistrate  deems  complaint  unfounded,  frivolous  or  mali- 
cious, he  may  refuse  fees  to  complainant.     St.  1890,  440  §  13. 

Sect.  16.  A  sunnnons  shall  issue  instead  of  a  warrant  "  unless  there  is 
reason  to  believe  that  the  accused  will  not  appear  upon  a  summons."  St. 
1890,  225. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  officers  in  any  county.     St.  IKsi;,  247.      (See  1895,  380.) 

Skct.  26.  On  adjourning  a  trial  or  examination  where  the  offence  is 
punisiiable  with  death  or  imprisonment  for  life,  material  witnesses  for  the 
government  may  be  bound  over  according  to  sections  37-41  of  this  chapter. 
St.  188.'),  136. 

Another  justice  may  complete  adjourned  proceedings.     St.  1883,  175. 

Sects.  36-40.     Provision  for  detention  of  witnesses  in  cases  of  felony,. 


Chaps.  213-215.]  PuBLIC    STATUTES.  869 

pendiug  pursuit  and  apprehension  of  offender.  St.  1892,  361.  (See  St. 
1893,  390  §  48.) 

Sects.  37-41.     See  St.  1885,  136  §  2. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  135. 

Sect.  68.  Money  may  be  deposited  with  any  officer  authorized  to  take 
recognizance.     St.  1882,  134. 

Sects.  74-78  repealed,  and  new  provisions  made  as  to  probation  officers. 
St.  1891,  356,  427;  1892,  242,  276;  1894,  229,  368,  372.  (See  1882, 
125;   1892,  303.) 

Sect.  81  amended.     St.  1886,  101  §  4. 

Chapter  213. — Of  Indictments,  Prosecutions  and  Proceedings  before 

Trial. 

Sect.  15.     See  St.  1887,  367. 

Sect.  16  et  seq.     See  St.  1886,  328  §  2 ;  1887,  436. 

Sect.  17  repealed  and  a  substitute  passed.  St.  1886,  53.  (See  1885, 
144.) 

Sects.  15,  30  The  support  of  such  insane  persons  is  to  be  paid  by  the 
State.     St.  1883,  148;   1889,  90.      (See  1894,  214  §  3.) 

Sect.  28  et  seq.  The  superior  court  has  exclusive  original  jurisdiction 
in  capital  cases.     St.  1891,  379.      (See  1893,  324,  365,  394.) 

Sects.  29,  30  repealed.     St.  1891,  379  §  14. 

Sects.  33-35.  Police  officers  may  serve  subpamas  when  requested  by  dis- 
trict attorney.     St.  1890,  440  §  6. " 

Sect.  35.  In  cases  of  felony,  witnesses  committed  may  be  held  a  rea- 
sonable time  pending  pursuit  and  apprehension  of  the  offender.  St.  1892, 
361.      (See  1894,  406.) 

Sect.  38  not  affected  by  St.  1891,  379  §  4.     St.  1893,  365. 

Chapter  214.  —  Of  Trials  and  Proceedings  before  Judgment. 

Sect.  1.  Order  of  trials  in  criminal  cases  regulated.  St.  1884,  193; 
1889,  432. 

Sects.  5,  6.  When  two  or  more  persons  are  tried  together  the  Common- 
wealth may  challenge  as  many  as  the  defendants.     St.  1895,  120. 

Sect.   16.     See  St.  1887,  367. 

Sects.  16,  19,  20.  The  support  of  such  insane  person  is  to  be  paid  by 
the  State.     St.  1883,  148  ;  1889,  90.      (See  St.  1895,  390.) 

Sect.  21  amended.     St.  1895,  390  §  7. 

Chapter  215.  —  Of  Judgment  and  Execution. 

Sentence  shall  be  imposed  notwithstanding  exceptions  or  appeal.  St. 
1895,  469. 

Provision  made  for  the  ascertainment  and  punishment  of  habitual  crimi- 
nals. St.  1887,  435.  And  for  registration  and  identification  of  certain 
criminals.     St.  1890,  316. 

Warrants  for  commitment  for  non-payment  of  fines  regulated.  St.  1891, 
416  §  2. 


870  Changes  in  the  [Chaps.  216-219. 

Sontonoos  to  State  prison  regulated.     St.  1895,  504. 

Cominitment  may  be  made  at  same  time  on  several  sentences.  St. 
1884,  265. 

Convicts  may  be  sent  to  jail  instead  of  house  of  correction,  and  may  be 
transferred  from  one  to  the  other.     St.  1882,  241. 

INIunicipal  or  district  coui'ts  in  Boston  may  sentence  or  commit  to  house 
of  industry,  instead  of  to  house  of  correction  or  jail.     St.  1895,  224. 

Prisoners  in  State  institutions  shall  not  be  employed  outside  the  precincts 
of  such  institution  in  any  mechanical  or  skilled  labor  for  private  parties. 
St.  1891,  209. 

Sects.  2,  5.  Taxing  costs  against  defendants  in  criminal  cases  is  re- 
stricted and  payment  of  ex[)enses  regulated.     St.  1890,  440;  1891,  325. 

Expense  of  serving  warrant  of  conimitinent  shall  be  deemed  part  of  ex- 
pense of  prosecution.     St.  1890,  328. 

Skct.   15.     Sentences  of  women  regulated.     St.  1889,  113;  1895,  218, 

Sect.   18  is  revised.     St.  1882,  127. 

Sect.  22.  A  prisoner  in  the  Massachusetts  reformatory  may  be  sent  to 
State  prison  or  house  of  correction  on  conviction  of  an  offence  punishable 
l)y  imprisonment  therein.     St.  1891,  200. 

Chapter  216.  —  Of  Fire  Inquests. 

This  chapter  is  repealed,  and  the  laws  as  to  lire  inquests  revised.  St. 
1894,  444.  (See  188G,  296;  1887,  214;  1888,  199;  1889,  451;  1891, 
229;   1895,  452,  499.) 

Chapter  217. —Of  Pines,  Forfeitures  and  Costs. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  a  part  of 
expense  of  prosecution.     St.  1890,  328. 

Sect.  6.     See  St.  1890,  353. 

Sects.  8,  9.  Taxation,  certification  and  pavment  of  costs  and  fines 
regulated.     St.  1890,  218,  440;  1891,  23(;,  392, "^416.      (See  1889,  469.) 

Sect.  13  repealed.     St.  1890,  218  §  3. 

Sect.  15  is  repealed,  and  method  of  accounting  for  moneys  received 
under  section  14  established.     St.  1891,  416. 

Chapter  218.— Of  Fugitives  from  Justice  and  Pardons. 

Sect.  6  repealed.  Pavment  of  expenses  of  requisitions  regulated.  St. 
1886,  267. 

Sect.  14.  Sentences  after  breach  of  condition  of  a  pardon  regulated. 
St.  1882,  197. 

Chapter  219. — Of  the  Commissioners  of  Prisons. 

The  commissioners  shall  make  reports  to  the  governor  at  least  once  in 
six  months.  St.  1893,  428.  Shall  make  special  rules  for  treatment  of 
witnesses  held  in  custody.     St.  1894,  270.     (See  1894,  160.) 

They  may  provide  for  surgical  treatment  of  prisoners.  St.  1882,  207. 
They  shall  provide  for  exercise  for  unemployed  prisoners.  St.  1895,  146. 
And  for  midical  supervision  of  prisoners  in  solitary  cells  in  count}'  prisons. 


ciiAP.  220.]  Public  Statutes.  871 

St.  1895,  195.  Aud  for  teaching  certain  prisoners  to  read  and  write.  St. 
1895,  259. 

Powers  and  duties  of  commissioners  in  regard  to  the  reformatory^  pre- 
scribed. St.  1884,  255,  331;  1894,  249.  As  to  release  on  parole  of 
prisoners  in  State  prison.     St.  1894,  440  ;   1895,  252,  504. 

The  governor  may  remove  commissioners  at  pleasure.     St.  1893,  453. 

Registration  and  measurement  of  certain  convicts  provided  for.  St. 
1890,^316.     (See  1892,  313.) 

The  authorities  ol  State  of  Vermont  are  granted  permission  to  detain 
in  and  transport  through  this  State  convicts  sentenced  in  Vei'mont.  St. 
1892,423. 

Sect.  3.     Secretary's  salary  fixed.     St.  1886,  225.     (See  1884,  331  §  4.) 

Sect.  4.  Removal  and  transfer  of  prisoners  resulated.  St.  1882,  207, 
241;  1885,  35;  1887,  292,  375;  1888,  192;  1890,  180,  278;  1894,  249; 
1895,  273. 

State  prison  convicts  ma}-  be  graded  and  classified.  St.  1892,  267. 
(See  1891,  372  ) 

Sect.  6.  Vagrants  and  tramps  ma^^  be  removed  to  the  State  farm.  St. 
1885,  35  §  1.     (^See  1887,  264.) 

Sect.  14  et  seq.  Labor  in  prisons  and  employment  of  prisoners  res!:ulated. 
St.  1883,  217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891,  209,  228, 
371  ;  1894,  451,  460.     (See  1895,  146.) 

Sects.  17,  18  repealed.     St.  1888,  403  §  6. 

Sect.  24.      Sentence  may  be  to  reformatory  prison  for  women.     St. 

1894,  260. 

Sects.  26-30.  Provision  for  aid  for  female  prisoners  discharged  with- 
out sentence.     St.  1886,  177. 

Further  provisions  for  aiding  discharged  prisoners.  St.  1887,  315,  336, 
395;    1888,322,417;   1895,  3«3. 

Additional  agents  authorized.  St.  1887,  315.  Salar}^  of  agent  provided 
for.     St.  1888,^330. 

Sect.  32.     See  St.  1889,  245. 

Sects.  34,  35  et  seq.  Reports  aud  returns  are  regulated.  St.  1882,  226  ; 
1891,  187;   1892,  290  §  2. 

Sect.  36  repealed.     St.  1882,  226  §  3. 

Sect.    39.     Allowance   made  for   clerical   assistance.     St.    1888,  328 ; 

1895,  431.      (See  1885,  52.) 

Chapter  220.  —Of  Jails  and  Houses  of  Correction. 

Police  matrons  and  stations  for  the  detention  of  women  are  required  in 
certain  cities.     St.  1887,  234;  1888,  181. 

Carrying  male  and  female  prisoners  together  to  and  from  court  is  for- 
bidden in  certain  cities.     St.  1894,  273. 

A  ojeneral  superintendent  of  prisons  is  provided  for.  St.  1887,  447  §  6  ; 
1895,^322.      (See  1888,  403  §  8.) 

Provision  for  teaching  certain  illiterate  prisoners  to  read  and  write.  St. 
1895,  259. 

Sect.  2.  The  sheriff  may  transfer  prisoners  between  jails  and  houses 
of  correction.     St.  1882,  24i.      (See  1890,  278.) 


872  Changes  ix  the  [Chap.  221. 

Sect.  11  et  seq.  Au  institution  commissioner  substituted  for  direct- 
ors for  public  institutions  of  Boston.  8t,  1»95,  44y  §  14.  (See  1889, 
245.) 

Sects.  13,14.  Contract  labor  is  forbidden  in  certain  prisons.  St.  1887, 
447;   1888,  22.      (See  1888,  403;   1894,  4-01.) 

Sect.   19.     See  St.  1891,  426. 

Sect.   23.     See  St.  1894,  349. 

Sect.  36.  The  requirement  of  whitewashing  is  stricken  out.  St.  1886, 
226. 

Sect.  40  et  seq.  Labor  in  prisons  and  eniplovnient  of  i)risoners  are  reg- 
xdated.  St.  1883,  217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891, 
209,  228,  371  ;   1894,  451,  460.     (See  1895,  146.) 

Sect,  49.     Clerical  error  corrected.     St.  1882,  6  §  4. 

Sect.  50.  Escapes  of  prisoners  employed  outside  are  punishable.  St. 
1882,  198.      (See  1885,  94.) 

Sect.  53  et  seq.  Invoice  books  of  supplies  nuist  be  kept.  St.  1890,  296. 
(See  1889,  294.) 

Sects.  54,  55.  The  purchase  of  tools,  materials,  machinery,  etc.,  and 
sale  of  manufactured  goods  provided  for  and  regulated.  St.  1887,  447  ; 
1888,  403  §  3;  1891,  228.      (See  1891,  371. ) 

Funds  not  required  for  immediate  use  nnist  be  deposited.  St.  1890, 
215. 

Payment  of  funds  regulated.     St.  1893,  270. 

Sect.   60  et  seq.     See  St.  1882,  1 13. 

Sects.  66,  68.  Further  provisions  made  as  to  release  of  prisoners  on 
probation.  St.  1884,  152,  255  §§  33,  34.  (See  1894,  440;  1895,  252, 
504.) 

Sect.  69  applies  to  St.  1891,  356. 

Chapter  221.  —  Of  the  State  Prison  and  the  Reformatory  Prison  for 

Women, 

A  general  superintendent  of  prisons  is  provided  for.     St,  1887,  447  §  6. 

The  prison  at  Concord  is  made  a  refoi-matory  prison  for  men,  and  the 
State  prison  is  re-established  at  Boston.  St.  1884,  255,  331.  (See  1891, 
215;  1893,  441.) 

Sentences  to  State  prison  regulated.     St.  1895,  504. 

Permits  to  be  at  libertv  authorized  and  regulated.  St.  1884,  255  §§  33, 
34  ;  1887,  435  §§  2,  3  ;  1894,  440  ;  1895,  252,  504. 

The  list  of  oflicers  of  the  State  prison  is  revised  and  compensation  fixed. 
St.  1889,  412;  1893,  455,  456;  1894,  370,  477.  (See  1882^  203;  1884, 
95;  1887,355;   1888,264.) 

And  of  the  officers  of  the  reformatory  i)rison  for  men.  St.  1890,  255; 
1893,333.     (See  1888,  335;  1889,  408;  1890,  267.) 

And  of  the  reformatory  prison  for  Avomen.  St.  1883,  267;  1884,  43; 
1887,  341  ;  1888,  327. 

Sentences  to  the  men's  reforniatorv  are  regulated.  St.  1885,  365  ;  1886, 
323  ;  1888,  49  ;  1891,  427  §  5  ;  1892,  302,  303.  (See  1884,  255  §§  8-11, 
33-35;   1885,  35,  320,  356;  1891,  200.) 


Chap.  221.]  PUBLIC    STATUTES.  873 

Sentences  of  prisoners  in  the  reformatory,  convicted  of  offences  pun- 
isliable  by  imprisonment  in  the  State  prison  or  house  of  correction,  are 
regulated.      St.  1^91,  2U0.      (See  1892,  302.) 

The  description  and  measurement  of  convicts  by  the  "  Bertillou  "  system 
are  provided  for.     St.  1890,  ol6. 

Removals  and  transfers  of  prisoners  regulated.  St.  1882,  207,  241 ; 
1885,  35,  320;  1887,  292,  375;  1888,  192;  1890,  180;  1891,  200;  1894, 
214,  249  ;   1895,  273.      (See  1884,  255;   1894,  273.) 

Labor  in  prisons  and  employment  of  prisoners  regulated.  St.  1883, 
217;  1885,  94;    1887,  447;  1888,   22,   189,   403;    1891,    209,   228,  371; 

1894,  451,  460. 

The  purchase  of  machinery,  tools  and  materials  and  sale  of  manufactured 
■goods  are  regulated.     St.  1887,  447  §§  3,  4  ;  1888,  403  §  3  ;  1891,  228. 

State  prison  convicts  may  be  punished  for  wilful  or  wanton  destruction 
of  property.     St.  1891,  295. 

The  illicit  conveyance  of  articles  to  or  from  the  men's  reformatory  is 
made  punishable.  St.  1887,  339.  And  trespass  on  prison  lands  and  dis- 
turbance of  prisons  and  illicit  communication  with  prisoners.  St.  1885, 
303. 

Provision  for  removal  of  persons  and  property  unlawfully  on  prison 
premises.     St.  1895,  141. 

Sects.  6,  7  repealed.     St.  1882,  203  §  4. 

Sect.  6  et  seq.  The  removal  of  subordinate  officers  is  regulated.  St. 
1887,355;  1890,267.  (See  1888,264;  1889,412.)  Subordinates  must 
give  bond  and  be  sworn.  St.  1893,  426.  May  be  transferred  to  service 
as  watchmen.     St.  1894,  349. 

Sect.  8  amended.     St.  1887,  355. 

Sect.  25  et  seq.  Provision  made  for  grading  and  classifjnng  prisoners 
in  the  State  prison.     St.  1892,  267.     (See  1891,  372.) 

Sect.  27  amended.     Words  "  or  printing  "  sti'ickcn  out.     St.  1888,  189. 

Sect.  30.     Schools  for  the  prisoners  provided  for.     St.  1886,  197.     (See 

1895,  259.) 

Sect.  43  et  seq.  Female  convicts  of  the  United  States  courts  are  to  be 
sent  to  the  reformatory  for  women.  St.  1887,  426.  (See  1894,  260; 
1895,  273.) 

Prisoners  may  be  employed  on  land  or  in  building  appurtenant  to  re- 
formatory.    St.  1885,  94. 

Transfers  and  removals  of  female  prisoners  regulated.  St.  1888,  192. 
(See  1894,  273;   1895,  273.) 

Escapes  and  attempts  to  escape  are  made  punishable.  St.  1885,  94. 
(See  18^2,  198.) 

A  burial  place  is  provided  for.     St.  1882,  213. 

A  sewerage  system  is  provided  for.     St.  1887,  403  ;  1892,  211. 

Sect.  44.     See  St.  1883,  267;   1884,  43. 

Sect.  52.  Further  provisions  made  as  to  permits.  St.  1884,  152;  1888, 
192,  317.     (See  1887,  435  §  2.) 

Sects.  54,  55.  Method  of  approval  of  bills  and  contracts  changed. 
St.  1888,  403  §  7;  1889,  294.  (See  1884,  255  §§  28,  30;  1887,  447; 
1888,  22,  337.) 


874  Changes  in"  the  Public  Statutes.        [Chaf.  222. 


Chapter  222.  —  Special  Provisions  concerning  Penal  and  Other 
Public  Institutions. 

Masters  of  jails  having  pul)lic  funds  must  deposit  all  not  required  for 
immediate  use.     St.  1890,  215. 

Payment  of  funds  regulated.     St.  1893,  27U. 

No  prisoner  in  any  State  institution  shall  be  employed  outside  in 
mechanical  or  skilled  labor  for  private  parties.     St.  1891,  209. 

Prisoners  or  inmates  of  institutions  suffering  from  syphilis  shall  have 
medical  treatment  and  may  be  isolated.     St.  1891,  420. 

Surgical  treatment  and  medical  treatment  provided  for  in  certain  cases. 
St.  1882,  207;  1895,  195.  And  exercise  for  unemployed  prisoners.  St. 
1895,  146.  And  teachinu'  certain  illiterate  prisoners  to  read  and  write.  St. 
1895,  259, 

Sect.  3.     See  St.  1895,  195. 

Sect.  10.  Further  provisions  concerning  removal  of  insane  prisoners  in 
the  reformatory  for  men.     St.  1885,  320;   1895,  390. 

Sects.  10,  11,  25.     See  St.  1886,  101  §  4. 

Sects.  10,  12,  14.     See  St.  1886,  219:   1887.  367;   1895,  390. 

Sect.  17.  A  trial  justice  may  act,  if  there  is  no  police  or  district  court 
in  the  county.     St.  1882,  201. 

Sect.  20  does  not  apply  to  persons  sentenced  to  the  reformatory.  St. 
1886,  323  §  7.  Provision  for  special  deductions  at  State  farm.  St.  1894,. 
258.     (See  1887,  264.) 

Sects.  20,  21.  Form  of  sentences  to  vState  prison  modified.  St.  1895, 
504.  Releases  on  probation  are  further  regulated.  St.  1884,  152,  255 
§§  33,  34;  1887,  435  §  2;   1888,  317;   1894,^440 ;   1895,  252. 

Sect.  25.     See  St.  1891,  420  §  2. 

Glossary. 

The  relations  of  avoirdupois  and  troy  pounds  are  fixed.  St.  1894,  198 
§  1. 


Changes  in  the  Statutes.  875^ 


II. 
CHAI^GES  m  THE   GENERAL   STATUTES 

PASSED    SINCE   THE   ENACTMENT   OF   THE 
"PUBLIC    STATUTES." 


[The  changes  are  more  fully  stated  in  Table  I.,  under  the  appropriate  chapter  of  the 

Public  Statutes.] 


Statutes  of  1883. 

Chap. 

28  Repealed,  1890,  423  §    228.      (See  1885,  108;   1893,  417    §    193.) 

P.  S.  7. 

29  Repealed,  1886,  66.     (See  1891,  24.)     P.  S.  5. 

36  Amended,  1888,  114.     (See  1894,  389,  422.)     P.  S.  52. 

41  §  2  superseded,  1887,  163  §  2.     P.  S.  154. 

43  Affected,  1885,  132.     P.  S.  154. 

49  Amended,  1894,  130.     P.  S.  2,  77,  160. 

50  Repealed,  1894,  317.     P.  S.  116. 
63  SuDerseded,  1886,  307.     P.  S.  154. 
65  Repealed,  1885,  247.     P.  S.  91. 

74     Repealed,  1884,  299  §44.     (See  1890,  423  ;  1893,  417  §  176.)    P.  S.  7. 

76  Superseded,  1888,  363.      (See  1887,  228;   1889,  446.)     P.  S.  11. 

77  Repealed,  1894,  317.     (See   1883,   258  §   2;  1884,   72;   1886,300; 

1887,  214  §  95.)     P.  S.  116. 
87     Superseded,  1886,  167.     P.  S.  154. 

94  Superseded,  1882,  225.      (See  1894,  469.)     P.  S.  112. 

95  See  1893.  396  §§  25-29.     P.  S.  154. 

97     Superseded,  1887,  411  §  23.     (See  1893,  367  §  23.)     P.  S.  14. 

102  Amended,  1884,  245.     P.  S.  91. 

103  Affected,  1883,  109  §  1.     P.  S.  19. 

106     Amended,    1883,    74.     Affected,   1884,  330  §  3;  1886,  230;  1891, 

341  ;   1894,  381,  541  ;   1895,  157,  311.     P.  S.  13,  105. 
108     §  1  amended,  1888,  313.     P.  S.  53. 

111  Repealed,  1886,  38.     P.  S.  16. 

112  Affected,  1894,  67.     P.  S.  16. 

125     Repealed,  1891,  356.     (See  1891,  427;   1892,  242,  276,  303.)     P.  S. 

112. 
127     §  2  amended,  1886,  101  §  4.     P.  S.  89. 
129     Superseded,  1893,  469.     (See  1886,  184;   1889,  251.)     P.  S.  158. 


876  Changes  in 

Statutes  of  1883  —  Continued. 
Chap. 
135     Shall  not  apply  to  provisions  of  1890,  428.     (See  1885,  194.)     P.  S. 

112. 
139     Extemlod,  1883,  252  ;  1889,  197.     P.  S.  18. 
144     Suporseded,  1893,  469.     P.  S.  158. 
146     Affected,  1886,  15.     P.  S.  154. 
148     Repealed,  1894,  317.      (See  1886,  252;  1889,  77,  321;   1892,  248.) 

P.  S.  116. 
150     Repealed,  1894,  508.     P.  S.  74. 
154     §  1  amended,  1890,  240.     Affected,  1884,  226  ;  1893,  300,  416  §  11. 

(See  1887,  411  §§  90,  108;  1893,  367  §§  90,  108.) 

157  Affected,  1888,  289.     P.  S    17. 

158  Superseded,  1889,  440  §  10;   1891,  293.     P.  S.  4. 
163     Affected,  1886,  296  §  3.     P.  S.  35,  203. 

165  Aniendt'd,  1887,  125.     P.  S.  11. 

166  §  1  amended,  1884,  317.      (See  1893,  201  ;  1895,  88.)     P.  S.  91. 
176     In  part  repealed,  1884,  197;   1887,  117;  1894,  470.     P.  S.  154. 

178  Superseded,  1887,  411  §  127.     (See  1893,  367  §  127.)     P.  S.  14. 

179  Superseded,  1887,  411   §   124.     (See  1893,  367  §   124.     Res.   1890, 

67.)     P.  S.  14. 
181     §  3  amended,  1886,  330;  1888,  248.     §§  1,  2,  3  amended,  1886,  101 
§  4.     Affected,  1883,  232;    1893,  217,  252.     P.  S.  48,  86. 

195  §  1  repealed,  1888,  449  §  21.      (See  1894,  367,  522.)     P.  S.  119. 

196  Repealed,  1888,  24.     P.  S.  5. 

199  Affected,  1886,  276  §  11.     P.  S.  92. 

200  Repealed,  1894,  317.      (See  1886,  77.)     P.  S.  116. 

203     Repealed,  1888,  264  §  3  ;   1889,  412.      (See  1884,  95;   1887,  355.) 

P.  S.  221. 
205     Repealed,  1888,  274  §  3.     (See  1892,  104,  328.)     P.  S.  152. 
208     Repealed,  1894,  481.     (See  1883,  173  ;   18!)2,  419  §  138  )     P.  S.  104. 
212     Affected,   1883,   105;  1887,  31;   1888,   256;  1894,   143,  144;   1895, 

57.     §  2  amended,  1888,  333.     §  6  affected,  1885,  327.     P.  S.  20. 

217  §  1  amended,  1888,  323.     (See  1889,465.)     P.  S.  11. 

218  Affected,  1890,  127.     P.  S.  11. 

219  Affected,  1884,  122.     P.  S.  45. 

220  Limited,  1894,  129.     P.  S.  100. 

223  Superseded,  1893,  280.      (See  1893,  194.)     P.  S.  146. 

224  Repealed,  1890,  168.      (See  1883,  202.)     P.  S.  116. 

225  Extended,  1894,  469.     P.  S.  112. 

226  §  2  affected,  1892,  290.     P.  S.  219. 

227  §  3  amended,  1883,  75;   1889,  122.     P.  S.  154. 

231  Repealed,   1887,  423.      (See  1885,  124;  1888,  90  §   2  ;   1890,  369.) 

P.  S.  116. 

232  §  1  amended,  1886,  37  §  2  ;   1890,  294.     P.  S.  159. 

233  Amended,  1886,  165,  166.      §  6  in  part  superseded,  1889,  19  ;   1892, 

93;   1893,  479.     P.  S.  154. 
237     Extended,  1885,  283.     Amended,   1890,  427  §   1.     Affected,   1893, 
340.     (See  1889,  442.)     P.  S.  176. 


THE  Statutes.  877 

Stcatutes  of  1882  —  Concluded. 
Chap. 
239     Superseded,  189i,  412.     P.  S.  153. 

241  See  1895,  273.     P.  S.  219. 

242  Affected,  1885,  90.     P.  S.  100. 

243  Repealed,  1888,  390  §  95.     P.  S.  12. 

244  Affected,  1886,  125.     Extended,  1890,  181.     P.  S.  112,  115. 

245  §  1  superseded  in  part.     1886,  15,  37,  130,  166;   1888,   195;   1889, 

97,  158,  174,   218,  277,  289;  1892,   100;  1893,  479.     §  2  super- 
seded, 1887,  160;   1892,  233.     P.  S.  154,  159. 

246  Affected,  1885,  345  §  6.     P.  S.  40. 

247  Repealed,  1884,  298  §  53.      (See  1890,  423;   1893,  417.)     P.  S.  6. 

249  Superseded,  1895,  234  §  5.     P.  S.  187. 

250  Repealed,  1885,  122.      (See  1894,  399.)     P.  S.  102. 

251  Affected,  1883,  98.     Amended,  1885,  121.     In  part  repealed,  1887, 

216.     (See  1895,  172.)     P.  S.  117. 

252  Repealed,  1892,  419  §  138.  P.  S.  11,  104. 

253  Superseded,  1891,  396.  P.  S.  9. 

257  §  1  superseded,  1894,  394.  §§  2,  3  superseded,  1895,  193.   (See 

1884,  334;  1887,  116.)   §  4  affected,  1895,  11.  P.  S.  2. 

258  See  1894,  180.  P.  S.  102. 

259  See  1894,  388.  P.  S.  100. 

260  Repealed,  1890,  423  §  228.   (See  1893,  417.)  P.  S.  7. 

263  Amended,  1883,  263  §  1;  1884,  289;  1886,  171.  Affected,  1885, 

352  §  5  ;  1886,  317,  318  ;  1891,  319.  §  5  amended,  1886,  101  §  4. 
P.  S.  208. 

264  Affected,  1888,  257;  1889,  443.  P.  S.  168. 

265  §  3  affected,  1884,  279.  P.  S.  112. 

266  Repealed,  1894,  481.   (See  1887,  218,  276  ;  1888,  426.)  P.  S.  104. 
268  Repealed,  1884,  298  §  53.  (See  1890,  423  §  228;  1893,  417.) 

P.  S.  6. 
270  §  3  amended,  1886,  101  §  4.  In  part  repealed,  1892,  318  §  16. 

§  4  amended,  1884,  210;  1885,  176;  1893,  262.   (See  1889, 

309,  416;  1891,  194.)   P.  S.  48. 
272  Affected,  1884,  76.  P.  S.  102. 
274  §  2  repealed,  1883,  183  §  3.  P.  S.  94. 

Statutes  of  1883. 

31     Affected,  1895,  88.     P.  S.  91. 

33     Repealed,  1887,  214  §  112.     (See  1891,  368;  1892,  47;  1894,  522.) 

P   S.  119. 
36     Repealed,  1886,  276  §  11.     P.  S.  92. 

41  §  1  affected,  1887,  86  §  2.     P.  S.  11. 

42  Repealed,  1890,  423  §  228.     (See  1884,  299  §§  29-32;  1886,  262; 

1888,  164;  1893,  417  §  209.)     P.  S.  7. 
48     Superseded,  1887,  26.     P.  S.  15. 

52  Repealed,  1894,  317.     (See  1883,  248  ;  1886,  77.)     P.  S.  116. 

53  Superseded,  1888,  235.     P.  S.  154. 


878  Changes  in 

Statutes  of  1883  —  Continued. 
Chap. 

5-4  Superseded,  1886,  37;  1890,  294.     P.  S.  159. 

55  Superseded,  1891,  292.     (See  1885,  369  §  3  ;  1888,  85  ;  1889,  440.) 

r.  s.  4. 

57  Superseded,  1885,  155  §  5.     P.  S.  155. 

61  Affected,  1888,  180.     P.  S.  26. 

62  Affected,  1886,  281 ;   1888,  346.     P.  S.  183. 

71  Superseded,  1892,  96.      (See  1886,  73;   1889,  103.)     P.  S.  11. 

76  Aft'ected,  1884,  199;   1886,  163;  1889,  392;   1890,  336.     P.  S.  91. 

78  Aft'ected,  1885,  339  §  3  ;   1886,  319  §  2.     P.  S.  87. 

80  §  2  superseded,  1886,  106  §  2.     P.  S.  154. 

91  Affected,  1887,  86  ;   1890,  242.      (See  1891,  65.)     P.  S.  11. 

93  Superseded,  1890,  242.      (See  1887,  86.)     P.  S.  11. 

97  §  2  superseded,  1891,  107.      (See  1888,  233.)     P.  S.  H7. 

98  Affected,  1885,  121;   1887,  216.     P.  S.  117. 
101  Repealed,  1888,  390  §  95.     P.  S.  12. 

105  Affected,  1887,  31  ;  1888,  333  ;  1894,  143,  144;  1895,  57.    P.  S.  20. 

107  Repealed,  1887,  214  §  112.'    (See  1894,  522.)     P.  S.  119. 

109  Affected,  1895,  106.     P.  S.  19. 

110  Amended,  1886,  101  §  4.     P.  S.  89. 
113  Affected,  1883,  154.     P.  S.  1. 

117  Amended,  1888,  240.     Extended,  1891,  129.     P.  S.  112. 

118  Affected,  1889,  457.     P.  S.  68. 

120  Superseded,  1887,  448  §  2.      (Soe  1892,  388.)     P.  S.  99. 

124  §   1  superseded,  1888,  306  §  2.     §  2  amended,  1887,  335.     P.  S.  32. 

126  Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 

133  Superseded,  1889,  193.     P.  S.  80. 

134  Repealed,  1894,  317.     P.  S.  116. 

138  Amended,  1886,  101  §  4  ;  1893,  302.     (See  1884,  98.)     P.  S.  80. 

142  Affected,  1889,  299.     P.  S.  82. 

145  Affected,  1884,  237;  1886,  210.     P.  S.  50. 

148  §§  2,  3  amended,  1889,  90.     P.  S.  .s7. 

156  Kxtcnded,  1887,  147  ;   1888,  436  §  28.     P.  S.  203. 

157  Limited,   1884,  275   §   4.     Affected,   1887,  280;   1892,  357.     P.   S. 

48,  74. 

158  Amended,  1889,  288.     P.  S.  32. 

164  Repealed,  1886,  38.      (See  1886,  334.)     P.  S.  16. 

168  Affected,  1892,  331.     P.  S.  68. 

173  Repealed,  1892,  419  §  138;   1.S94,  481.     P.  S.  104. 

174  Affected,  1886,  236;   1887,  433  §  4.     (See  1893,  208;  1894,  498.) 

P.  S.  44. 

175  Affected,  1890,  202.     P.  S.  155. 

187  Affected,  1884,  169.      (See  1893,  418.)     P.  S.  102. 

202  Repealed,  1890,  168.     P.  S.  116. 

203  Repealed,  1893,  417.      (See  1886,  150.)     P.  S.  27. 

216  Amended.  1886,  51  ;   1887,  289.      (See  1888,  282.)     P.  S.  159. 

217  Affected,  1887,  447  §  8;  18H,S,  189,  403  §  2;  1S91,  371.      (See  1894, 

451.)     P.  S.  219,  220,  221. 


THE  Statutes.  879 

Statutes  of  1883  —  Concluded. 
Chap. 

218  Superseded,  1894,  429.  (See  1884,  70.)  P.  S.  60. 
221  Extended,  1889,  398,  434;  1895,  350.  P.  S.  27,  109. 

223  Atfected,  1885,  384.  §  5  amended,  1884,  316;  1892,  440.  §  7 

amended,  1893,  61.  §  16  extended,  1895,  116.  §  17  affected, 
1887,  383.  P.  S.  151,  152,  167. 

224  Repealed,  1888,  348  §  12.   (See  1885,  222  ;  1892,  352.)  P.  S.  48. 

225  See  1888,  414;  1890,  465;  1894,  198.  P.  S.  65. 

229  Repealed,  1890,  423  §  228.   (See  1885,  261  ;  1891,  32;  1893,  417.) 

P.  S.  7. 

230  Repealed,  1887,  94.  P.  S.  58. 

232  Affected,  1893,  217,  252;  1894,  481.  §  3  amended,  1886,  101  §  4. 

(See  1886,  330  §  2;  1888,  248.)  P.  S.  84,  90. 
235  Repealed,  1887,  214  §  112.  (See  1894,  522.)  P.  S.  119. 
239  In  part  repealed,  1886,  298.  P.  S.  87. 

243  Affected,  1887,  270;  1888,  155;  1892,  260;  1893,  359;  1894,  499; 

1895,  362  §  7.  P.  S.  74,  112. 

244  Superseded,  1893,  469.      (See  1888,  112.)     P.  S.  158. 

245  Repealed,  1894.,  498.     P.  S.  47. 
248     Repealed,  1894,  317.     P.  S.  116. 

251  Repealed  so  far  as  it  relates  to  Boston,  1892,  419  §  138.     Affected, 

1884,  223;   1888,  86;   1894,  481.     §  2  repealed,  1888,  426  §   14. 
(See  1894,  414.)     P.  S.  104. 

252  Extended,  1889,  197.     P.  S.  18. 

257  Affected,  1884,  307;  1885,  150.     P.  S.  60. 

258  In   part   repealed,   1894,  317.     (See  1886,  300;   1887,  214  §   112; 

1894,  522.)      P.  S.  116,  119. 
260     Affected,  1887,  98.     P.  S.  97. 

262  Not  repealed  by  1885,  302.     P.  S.  82. 

263  Superseded,  1884,  289  §  6.      (See  1891,  319.)     P.  S.  208. 

267  Affected,  1887,  447;  1888,  403;   1889,  294.     P.  S.  221. 

268  See  1893,  355.     P.  S.  209. 

Statutes  of  1884. 

4  Superseded,  1888,  115.  P.  S.  31. 

8  Superseded,  1891,  411.  P.  S.  15. 

14  Affected,  1895,  284.  §  2  amended,  1887,  128.  P.  S.  5. 

15  §  1  repealed,  1889,  101.  (See  1890,  239.)  P.  S.  15. 
22  §  1  repealed,  1889,  177.  P.  S.  43. 

34  Repealed,  1889,  301  §  10.  (See  1890,  447.)  P.  S.  30. 

38  Superseded,  1891,  429.   (See  1887,  221.)  P.  S.  15. 

42  Affected,  1886,  76.  P.  S.  27. 

45  Superseded,  1887,  411  §  128.  (See  1893,  367  §  128.)  P.  S.  14. 

52  Repealed,  1894,  481.   (See  1888,  426.)  P.  S.  104. 

55  Repealed,  1887,  214  §  112.  (See  1894,  522.)  P.  S.  119. 

56  Repealed,  1884,  168.   (See  1886,  69.)  P.  S.  116. 

58  Repealed,  1887,  214  §  112.  (See  1894,  522.)  P.  S.  119. 


880  Changes  in 

Statutes  of  1884  —  Continued, 

Chap. 

64  Amended.  1885,  198.  P.  S.  47. 

65  Superseded,  1887,  318.  P.  S.  154. 

69  Repealed,  1894,  320.  P.  S.  44. 

70  Superseded,  1894,  429.  P.  S.  GO. 
72  Repealed,  1894,  317.  P.  S.  116. 

74  Repealed,  1887,  214  §  112.  P.  S.  119. 

78  Affected,  1887,  404;  1891,  265.  P.  S.  39. 

79  Superseded,  1888,  385.  P.  S.  15. 

84  Superseded,  1894,  522  §  5.  P.  S.  119. 

88  Repealed,  1886,  298.  P.  S.  87. 

95  §  1  repealed,  1889,  412  §  2.  (See  1888,  264.)  P.  S.  221. 

98  §  1  revised,  1890,  102.  §  2  added  to,  1891,  188.  (See  1893,  302.) 
P.  S.  80. 

103  Affected.  1885,  161.  P.  S.  44. 

118  Repealed,  1887,  217.  P.  S.  156. 

119  Repealed,  1887,  214  §  112.  (See  1891,  233  ;  1894,  522.)  P.  S.  119. 

120  Repealed,  1887,  214  §  112.   (See  1891,  368;  1892,  47;  1894,  522.) 

P.  S.  119. 

125  Repealed,  1888,  437  §  6.   (See  1893,  417  §§  96-99.)  P.  S.  28. 

129  Affected,  1891,  321  ;  1892,  245  §  7.  P.  S.  29. 

131  Affected,  1884,  291.  P.  S.  130. 

134  Affected,  1895,  356.  P.  S.  112. 

140  In  part  superseded,  1894,  66.   (See  1887,  156.)  P.  S.  156. 

150  Repealed,  1894,  317.  P.  S.  116. 

152  Affected,  1884,  255  §§  33,  34  ;  1886,  323  ;  1888,  317.  P.  S.  220,  221. 

155  Superseded,  1890,  309.  P.  S.  48. 

162  Repealed,  1888,  390  §  95.  P.  S.  12. 

166  Repealed,  1885,  369  §  4.   (See  1889,  440.)  P.  S.  4. 

168  Repealed,  1894,  317.   (See  1886,  69.)  P.  S.  116. 

171  Amended,  1890,  193;  1891,  138.   (See  1888,  276;  1895,  277.) 

P.  S.  91. 

174  Extended,  1886,  328.  P.  S.  203. 

177  Repealed,  1887,  214  §  112.   (See  1894,  522.)  P.  S.  119. 

178  Repealed,  1887,  214  §  112.  (See  1894,  522.)  P.  S.  119. 

179  Affected,  1888,322;  1894,314;  1895,10.  §§3,  4  amended,  1890, 

58;  1891,  54.  P.  S.  16. 

180  Revised,  1887,  214  §§62-64.    Extended,  1889,  378.    (See  1894,  522.) 

P.  S.  106. 

181  Repealed,  1894,  224.      (vSee  1885,  156;   1886,  174;    1888,  437  §   6; 

1894,  332.)     P.  S.  31. 

185  Affected,  1886,  259  §  2.     P.  S.  102. 

188  Superseded,  1893,  396  §  56.     P.  S.  154. 

190  Repealed,  1885,  186.     P.  S.  103. 

191  Affected,  1884,  286;   1887,  406;   1888,  297.     P.  S.  100. 

192  Superseded,  1893,  469.     P.  S.  158. 

193  Amended,  1889,  432.     P.  S.  214. 

197     §  1  superseded.     1887,  117;  1894,  470.     P.  S.  154. 


THE  Statutes.  881 

Statutes  of  1884  —  Continued. 

Chap. 

199     Affected,  188G,  163  ;  1889,  292  ;  1890,  330.     P.  S.  91. 

204     Superseded,  1891,  190.     P.  S.  154. 

210     Superseded,  1885,  176.      (See  1893,  262.)     P.  S.  207. 

212  Affected,  1885.  256  ;  1890,293;  1891,  122.  Amended,  1887,  314. 
P.  S.  91. 

215  §  3  amended,  1888,  212.  §  4  amended,  1885,  286.  In  part  super- 
seded, 1893,  417.     P.  S.  154. 

217     Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 

222  Affected,  1895,  362.      (See  1886,  242;   1894,  59.)     P.  S.  112. 

223  §  2  amended,  1888,  86.     Rei)ealed  so  far  as  relates  to  Boston,  1892, 

419  §  138.      (See  1894,  481.)     P.  S.  104. 
226     Affected,  1887,  124.     P.  S.  51. 

2  50     Superseded,  1893,  367.      (See  1887,  411.)     P.  S.  14. 
2  51     Affected,  1886,  333;   1887,  227.     P.  S.  154. 
232     Aft'ected,   1885,  378;   1887,  250,  252;   1892,   195,432;   1893,  306; 

1894,  491  ;   1895,  496.     P.  S.  58,  90. 

234  §  3  amended,  1886,  101  §  4.     P.  S.  87, 

235  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

236  Amended,    1885,    353 ;    1889,    406.      Affected,    1888,    405.       §     9 

amended,  1890,  387.      (See  1889,  417;   1895,  394.)     P.  S.  157. 

237  Affected,  1886,  210.     P.  S.  51. 

242  Repealed,  1888,  390  §  95.      (See  1886,  320.)     P.  S.  12. 

247  Repealed,  1885,  141.      (See  1889,  197.)     P.  S.  155,  169. 

248  Superseded,  1893,  469.     P.  S.  158. 

249  Affected,  1893,  191.     P.  S.  148. 

253     Repealed,  1894,  317.     (See  1889,  91.)     P.  S.  116. 

255  Added  to,  1884,  331;  1885,  35.  Affected,  1885,  356,365;  1886, 
323;  1887,  435,  447;  1888,  49,  317;  1894,440.  §  2  amended, 
1886,  101  §  4.  §  11  affected,  1884,  323  §  4.  §  18  repealed, 
1894,  249.  §§  19,  22  repealed,  1888,  335  §  3.  §§  28,  30 
amended,  1888,  403  §  7.  §  30  in  part  repealed,  1888,  337  §  2. 
§  35  amended,  1887,  395  ;  1888,  317.     P.  S.  221. 

258     §  2  amended,  1886,  101  §  4.     P.  S.  86. 

264     Amended,  1892,  196.     P.  S.  91. 

268  See  1894,  284.     P.  S.  164. 

269  §  2  amended,  1892,  206.  P.  S.  69. 

275  Repealed,  1894,  508.  (See  1887,  215,  280  §  1,  330;  1888,  348; 

1890,  183  ;  1892,  83,  352,  357.)  P.  S.  48,  74. 
282  Repealed,  1887,  111.  P.  S.  92. 

284  Aff'ected,  1885,  220  §  1  ;  1886,  299  ;  1895,  282.  P.  S.  91. 
289  §§  1,  2  amended,  1886,  101  §  4.  §  1  repealed,  1891,  319.  Affected, 
1886,  117.  P.  S.  58. 

296  Repealed,  1887,  214  §  112.   (See  1894,  522  §  61.)  P.  S.  119. 

297  §  3  amended,  1891,  299.  §  4  amended,  1886,  101  §  4.  P.  S.  88. 

298  Repealed,  1890,  423  §  228.   (See  1885,  271  §  6;  1886,  68  §  2,  264 

§§  4,  5;  1887,  432;  1888,  200,  206;  1889,  404,  467;  1890,  305; 

1891,  277;  1892,  352;  1893,  417.)  P.  S.  6. 


882  Changes  in 

Statutes  of  18S4:  — Concluded. 

Chap. 

21)0     Repcfilod,  1800,  423  §  228.     (See  1885,  142,  351  ;  1887,  443  ;  1888, 

1()4,  353,  43(5,  437  ;  1801,  264;   1802,  351 ;   1803,  417.)     P.  S.  7. 
301     Snpcr.seded,  1885,  255.      (See  1.S-S7,  200.)     P.  S.  124,  147. 
304     Affected,  1880,  450.     §  1  amended,  1800,  154.      (See  1800,  451.) 

P.  S.  167. 

306  Affected,  1887,  382  §  3,  385  §  4.     P.  S.  100. 

307  §  2  amended,  1885,  150.     P.  S.  60. 

308  Affected,  1800,  403.     P.  S.  02. 

310     §   1  superseded,  1886,  317.     P.  S.  56.     §§  3,  4  superseded,   1886, 

318.      (See  1885,  352  ;  1801,  58,  412.)     P.  S.  57. 
313     Does  not  apply  to  1804,  326.     §  2  amended,  1602,  411.     P.  S.  102. 

316  Amended,  1802,  440.     Affected,  1885,  384  §  1.      (See  1887,  383  §  4.) 

P.  S.  152. 

317  See  1803,  201.     P.  S.  01. 

318  §  3  not  ulTected  by  1886,  234.     P.  S.  91. 

319  Repealed,  1894,  350.      (Ste  1886,  352;  1892,  59.)     P.  S.  2. 

320  Affected,  1887,  345,  364, 437  ;  1889,  177, 473  ;  1891,  140  ;  1893, 253  ; 

1804,  510;  1805,  376.  Extended,  1880,  352;  1804,  267.  Added 
to,  1801,  140.     §  4  amended,  1888,  334.     §   14,  cl.  6,  amended, 

1805,  501.  §  15  amended,  1893,  95.  §  17  amended,  1889,  183. 
§  19  amended,  1888,  253.  §  20  amended,  1889,  177,  351.  (See 
1888,  41.)     P.  S.  21,  74. 

322  §  3  amended,  1890,  358.     §§  7,  9  amended,  1886,  101  §  4.     P.  S.  87. 

323  Affected,  1885,  86,  151  ;  1895,  428.     P.  S.  80. 
328     Repealed,  1802,  101.     P.  S.  15. 

320     Aftx^cted,  1888,  1.     P.  S.  2. 

330     Aft'ected,  1886,  230;   1801,  341  ;  1804,  381,  541  ;   1895,  311.     §§  1, 

2  extended,  1889,  393.     §  3  amended,  1895,  157.      (See  1888,  321  ; 

1890,  321  ;   1895,  387.)     P.  S.  105. 

333  Superseded,  1887,  128.     P.  S.  5. 

334  Superseded,  1894,  304.     P.  S.  2. 

Statutes  of  1885. 

5  Repealed,  1890,  423  §  228.     (vSee  1885,  351  ;    1893,  417.)     P.  S.  7. 

15  Repealed,  1886,  38.      (See  1891,  233.)     P.  S.  16. 

24  §  1  revised,  1800,  302.     (See  1885,  371.)     P.  S.  2. 

32  Affected,  1800,  257.     P.  S.  21. 

40  Affected,  1892,  268.     P.  S.  26. 

42  Affected,  1889,  170;  1892,  268.     P.  S.  154. 

45  Superseded,  1893,  396  §  17.     P.  S.  154,  161. 

52  Repealed,  1888,  328.     (See  1805,  431 .)     P.  S.  219. 

50  Affected,  1888,  405.     Amended,  1802,  200.     P.  S.  157. 

60  Plxtcnded,  1801,  218.     P.  S.  27,  28. 

67  Affected,  1885,  161.     P.  S.  44. 

71  Repealed,  1804,  408.     P.  S.  47. 

73  Extended,  1805,  104.     P.  S.  207. 


THE  Statutes.  883 

Statutes  of  1885  —  Continued, 
Chap. 

77  Superseded,  1.S91,  411.     P.  S.  15. 

79  Affected,  18S6,  124.     P.  S.  154. 

83  Affected,  1885,  323  §  2.     P.  S.  100,  102. 

87  Superseded,  1891,  410.     P.  S.  15. 

92  Repealed,  1894,  317.     P.  S.  116. 

98  Affected,  1885,  122;  1894,  399.     P.  S.  59,  102. 

106  Superseded,    1890,    242;    1891,    65.      (See    1886,    56;    1887,    86.) 

P.  S.  11. 

107  Repealed,  1890,  423  §  228.    (See  1886,  262 ;   1893,  417.)    P.  S.  8. 

108  Repealed,  1890,  423  §  228.      (See  1893,  417  §  193.)     P.  S.  7. 

Ill     Repealed,  1894,  317.      (See  1886,  69;  1887,  196;  1888,  213;  1890, 
168.)     P.  S.  116. 

121  Affected,  1887,  216;   1895,  172.     P.  S.  117. 

122  Affected,  1894,  399.     P.  S.  102. 

123  Affected,   1890,  196;   1891,  149;  1892,   147.      (See  1893,78,403.) 

P.  S.  54. 

124  Repealed,  1894,  317.      (See  1888,  90  §  2  ;    1890,  369.)     P.  S.  116. 

131  Affected,  1887,  256  ;  1888,  389,  426  §  13  ;  1891,  302,  357  §  6.    P.  S. 

103. 

132  See  1893,  396  §  63.     P.  S.  154. 

134  In  part  repealed,  1886,  218.     P.  S.  152. 

i;37  Superseded,  1893,  479.     P.  S.  154. 

141  Affected,  1889,  197.     P.  S.  169. 

142  Repealed,  1890,  423  §  228.      (See  1888,  436  ;  189-3,  417.)     P.  S.  7. 
144  Repealed,  1886,  53.     P.  S.  213. 

147  Superseded,  1893,  367  §  96.      (See  1887,  411.)     P.  S.  14. 

148  Repealed,  1887,  252  §  24.      (See  1892,  195;  1893,  3U6  ;   1894,  4-91  ; 

1895,  496.)     P.  S.  90. 

155  Affected,  1887,  322.     §  3  in  part  superseded,  1895,  500.    P.  S.  154. 

156  Repealed,  1888,  437  §  6.     P.  S.  28. 

157  See  1893,  300  §  6,  331.     P.  S.  27. 

158  Repealed,  1895,  310.      (See  1892,  318.)     P.  S.  80. 

159  Superseded,  1893,  417.     P.  S.  7. 

165  Superseded,  1893,  469.      (See  1889,  211.)     P.  S.  158. 

168  Superseded,  1889,  250.     P.  S.  17. 

173  Repealed,  1889,  301  §  10.     (See  1886,  39  ;   1890,  447.)     P.  S.  30. 

176  Amended,  1893,  262.     P.  S.  207. 

178  Superseded,  1887,  281.     P.  S.  29. 

180  Superseded,  1891,  107.      (See  1888,  233.)     P.  S.  154. 

183  Superseded,   1890,  421.      (See  1892,435;   1894,  367,  522.)     P.  S. 
119. 

193  Repealed,  1887,  120.     P.  S.  91. 

194  §   4   amended,   1887,   295.     Shall  not  apply  to  provisions  of  1890, 

428.      (See  1891,  33,  123,  262;    1892,  312;   1893,283,424;   1894, 
545.)     P.  S.  112. 

195  §   1  superseded,  1889,  70.     §  2  superseded,  1891,  375.      (See  1887, 

30.)     P.  S.  1*6. 


884  Changes  in" 

Statutes  of  1885  —  Continued. 

Chap. 

198     Repealed,  1S94,  498.     P.  S.  47. 

204  Kepealed,  1889,  301  §  10.      (See  1886,  39,  110;  1887,  122.)     P.  S. 

30. 

205  §  1  superseded,  1889,  418;  1892,  230.  (See  1888,  280.)  P.  S 

158. 

210  §  2  repealed,  1804,  317.     P.  S.  116. 

211  Amended,  1891,  153.      (See  1887,  440.)     P.  S.  86. 
214     Repealed,  1889,  279  §  11.      (See  1892,  291.)     P.  S.  30. 

216  Affected,  1888,  254,  262;  1889,  347.  Limited,  1889,  186.  Ex- 
tended, 1889,  361.     P.  S.  100. 

220  §  3  repealed,  1888,  223  §  5  ;  1892,  188  §  6.  §  4  repealed,  1887,  96. 
(See  1888,  238.)     P.  S.  91. 

222  Repealed,  1888,  348  §  12.  (See  1889,  291;  1890,  183,  299;  1892, 
83,  352,  357.)     P.  S.  48. 

227     Repealed,  1894,  176.     P.  S.  41. 

229     Repealed,  1890,  423  §  228.      (See  1893,  417.)     P.  S.  7. 

236  Superseded,  1887,  411.  (See  1890,  425;  1891,  232;  1893,  367.) 
P.  S.  14. 

238     Amended,  1886,  270.     P.  S.  13. 

240  Rio-hts  under,  not  affected  by  1891,  189.     P.  S.  106. 

241  Repealed,   1887,  214  §   112.      (See  1893,   117;   1894,  522.)     P.  S. 

119. 

242  Repealed,  1889,  192.     P.  S.  130. 

246  Repealed,  1890,  423  §  228.      (See  1892,  351  ;   1893,  417.)     P.  S.  7. 

248  Repealed,  1890,423  §   228.      (See  1888,436  §§   10,  26,  29;   1893, 

417.)     P.  S.  7. 

252  Repealed,  1890,  416  §  7.      (Sec  1888,  388 ;   1892,  428.)     P.  S.  102. 

255  Affected,  1887,  290.     P.  S.  147. 

260  Amended,  1890,  265.     P.  S.  130. 

261  Repealed,  1890,  423  §  228.      (See  1891,  32.)     P.  S.  27. 

262  Repealed,  1890,  423  §  228.      (See  1892,  224  §  4.)     P.  S.  7. 

265     §  2  amended,   1886,   101  §  4.      (See  1885,  379;   1887,  310;   1888, 

306  §  2.)     P.  S.  82. 
268     Repealed,  1890,  423  §  228.      (See  1891,  264;   1893,  417.)     P.  S.  7. 
271     Repealed,  1890,  423  §   228.      (See  1886,  68,  264;  1892,  351;  1893, 

417.)     P.  S.  6. 
275     Superseded,  1893,  469.     P.  S.  158. 
277     Superseded,  1889,  303  ;  1892,  354,  399.     P.  S.  22. 
283     Amended,  1890,  427  §  1.      (See  1889,  442;  1893,  340.)     P.  S.  176. 

291  Amended,  1887,  74 ;  1892,  133  ;  1893,  452  ;  1894,  68,  330.     Affected, 

1H87,  24;  1889,  324;  1893,  404.      (See  1895,  153  §  2.)     P.  S.  159. 

292  Limited,  1887,  307.     P.  S.  102. 

293  Affected,  1888,  346  §  1.     (See  1887,  286  ;  1894,  104.)     P.  S.  178. 
300     Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

302  Extended,  1892,  165.     P.  S.  80,  82. 

303  See  1887,  339.     P.  S.  203,  221. 

304  Amount  increased,  1890,  192.     P.  S.  158. 


THE  Statutes.  885 

Statutes  of  1885  —  Continued. 
Chap. 

305  See  1890,  70;  1894,  433.     P.  S.  207. 

307  Superseded,  1894,  218,  473;   1895,  398.     P.  S.  80. 

308  Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 

309  Extended,  1887,  445.     P.  S.  102. 

312  Affected,  1891,  221  ;   1893,  225  §  3,  247,  445.     §  4  amended,  1889, 

372;  1893,23.      (See  1887,  226.)     P.  S.  29. 

313  Affected,  1893,  472.     §  3  repealed,  1887,  267.     §  9  amended,  1893, 

227.     (See  1894,  435.)     P.  S.  80. 

314  Affected,  1887,  385;   1888,  350,  428;  1891,  370;   1892,  259,  263; 

1894,  327,  503.  §  1  amended,  1889,  373.  §  5  extended,  1895, 
463.  (See  1891,  351.)  §§  6,  7,  9,  12,  13,  14  extended,  1887, 
382.     §  7  amended,  1886,  346  §  2.     P.  S.  61. 

315  Affected,  1895,  106.     P.  S.  19. 

316  §  1  repealed,  1895,  461.      (See  1893,  436.)     P.  S.  207. 
318     Superseded,  1893,  469.     P.  S.  158. 

320  Affected,  1895,  390.     §  2  amended,  1886,  101  §  4.     P.  S.  222. 

321  Repealed,  1886,  13.     P.  S.  161. 

322  Superseded,  1893,  396  §  34.      (See  1887,  293.)     P.  S.  154. 

326  Repealed,  1888,  426  §  14.     (See  1892,  419  ;  1894,  481.)    P.  S.  104. 

327  Affected,   1887,   31,   212;    1888,   333;   1889,   111.      (See  1894,   143 

§  4.)     P.  S.  20. 
332     Not  modified  by  1894,  320.     P.  S.  44. 
334     Affected,  1891,*  129,  204.      (See  1890,  173.)     P.  S.  112. 
339     Affected,  1885,  385;  1886,  319;   1887,  346;  1889,  414;  1890,  414; 

1891,  158;   1892,  53,  229;   1894,  195.     P.  S.  87. 

341  Repealed,  1887,  98  §  16.     P.  S.  97. 

342  Affected,  1887,448;  1892,388;   1894,  410;   1895,  419.     P.  S.  99, 

212. 

344  Affected,  1891,  266;   1893,  301.     P.  S.  19. 

345  Amended,  1886,  45,  203;   1891,  419.     §  5  amended,  1887,  36.     §  7 

repealed,  1887,  329.      (See  1888,  257  §  4  ;  1891,  180  ;  1892,  348  ; 
1893,  376,  417.)     P.  S.  160. 
348     Repealed,  1894,  317.     P.  S.  116. 

351  Repealed,  1890,  423  §  228;   1893,  417.     P.  S.  7. 

352  Amended,  1886,  317,  318.      (See  1891,  58,  412.)     P.  S.  55,  57. 

353  Affected,   1888,  405  ;    1889,  406 ;    1890,  387.     §  4  repealed,   1895, 

394.     P.  S.  157. 

354  Repealed,  1887,  214  §  112.     (See  1894,  522.)     P.  S.  119. 
358     See  1893,  418.     P.  S.  102. 

365     Affected,  1886,  323;   1888,  49;  1892,  302,  303.     P.  S.  207. 
369     Repealed,  1889,440  §  14.     (See  1888,   191:  1890,  97,  126;  1891, 
292.)     P.  S.  4. 

374  Repealed,  1892,  419  §  138.     P.  S.  104. 

375  In  part  repealed,  1891,  427  §  8.     (See  1892,  303.)     P.  S.  207. 

376  Affected,  1889,  185.      (See  1890,  408;   1893,  379.)     P.  S.  144. 

378     Affected,  1887,  252;  1894,491;  1895,476.     (See  1892,   195,  423; 
1893,  306.)     P.  S.  58,  90. 


886  Changes  in 

Statutes  of  1885  —  Concluded. 

Chap. 

37i»     In   part  superseded,   1890,  213;    1892,  286.     Affected,  1887,  310. 

1.SS8,  30(5  §  2.     P.  S.  20. 
382     §§  2,  4-10  repealed,  1892,  419  §  138.     P.  S.  104. 

384  Affected,   188(5,   223;    1887,  50,   332,   383;   1890,  374;   1892,   127. 

§  5  see  1895,  116.     §  14  superseded,  1892,  169.    P.  S.  152,  178. 

385  Affected,  1886,  319;   1887,  367;  1890,  414;   1892,  229.     P.  S.  87. 

Statutes  of  1886. 

15     §  6  in  part  superseded,  1892,  100.     P.  S.  154. 

31     Superseded,  1892,  271.     (See  1888,  58.)     P.  S.  152. 

37  §  2  amended,  1890,  294.      (See  1887,  243;   1888,  357,  371.)     P.  S. 

159. 

38  In  part  superseded,  1886,  334;    1889,  349.     Extended,  1895,  276, 

392.   (See  1891,  233.)  P.  S.  16. 

39  Repealed,  1889,  301  §  10.  (See  1887,  122.)  P.  S.  30. 

45  Added  to,  1891,  180.  Affected,  1886,  203;  1891,  419;  1892,  348. 

(See  1893,  376.)  P.  S.  160. 
49  Repealed,  1890,  423  §  228.   (See  1888,  434,  436  §  10;  1893,  417.) 

P.  S.  7. 
51  Amended,'  1887,  289.  P.  S.  188. 

56  Superseded,  1887,  86;  1890,  242;  1891,  65.  P.  S.  11. 
63  Superseded,  1887,  411.  (See  1893,  367.)  P.  S.  14. 
GQ     §  1  repealed,  1891,  24.  P.  S.  5. 
68  Repealed,  1890,  423  §  228.   (See  1888,  200,  206  ;  1892,  351  ;  1893, 

417.)  P.  S.  6. 
09  Repealed,  1894,  317.   (See  1887,  196;  1888,  213;  1890,  168.) 

P.  S.  116. 
73  Superseded,  1895,  90.  (See  1889,  103  ;  1892,  96.)  P.  S.  11. 

77  Repealed,  1894,  317.  P.  S.  116. 

78  Repealed,  1890,  423  §  228.  P.  S.  7. 

82  Repealed,  1887,  391  §  4.  (See  1895,  434.)  P.  S.  98. 

85  Superseded,  1888,  362.  P.  S.  11. 

87  Repealed,  1894,  508.  (See  1887,  399;  1891,  239;  1895,  438.) 
P.  S.  74. 

90  Repealed,  1887,  280  §  2.  P.  S.  74. 

93  Repealed,  1894,  317.   (See  1889,  180 ;  1893,  254.)  P.  S.  116. 

95  Repealed,  1890,  168.  P.  S.  116. 

101  §  3  amended,  1889,  370.  P.  S.  79. 

105  Superseded,  1887,  411.  (See  1893,  367.)  P.  S.  14. 

lOO  Superseded,  1893,  479.  P.  S.  154. 

110  Repealed,  1889,  301  §  10.  P.  S.  30. 

114  Superseded,  1895,  174.  P.  S.  158. 

120  See  1894,  41.  P.  S.  112. 

124  Superseded,  1893,  479.  P.  S.  154. 

125  Extended,  1890,  181.   (See  1887,  270  §  0.)  P.  S.  115. 
130  lu  part  superseded,  1888,  195.  P.  S.  154. 


THE  Statutes.  887 

Statutes  of  18S6  —  Continued. 
Chap. 

137     See  1890,  2G6.     P.  S.  134. 
140     See  1894,  499.     P.  S.  74. 

154  Superseded,  1891,  162.     P.  S.  1.34. 

155  Superseded,  1889,  28.     P.  S.  154. 
158     Superseded,  1893,  479.     P.  S.  154. 

163     Affected,  1889,  292;   1890,  336.     P.  S.  91. 

166  Superseded,  1893,  479.     P.  S.  154. 

167  Superseded,  1893,  479.     P.  S.  154. 

169     Repealed,  1887,  438.     (See  1888,  275;  1890,  204,  216,  306,  380.) 
P.  S.  16. 

173  Repealed,  1894,  481.      (See  1890,  179.)     P.  S.  104. 

174  See  1894,  224,  332.     P.  S.  31. 

175  Superseded,  1887,  232.     P.  S.  100. 

176  Repealed,  1894,  317.     P.  S.  116. 

183  Superseded,  1893,  469.     P.  S.  158. 

184  Superseded,  1893,  469.     (See  1889,  251.)     P.  S.  158. 

187     Repealed,   1887,  214  §    112.     (See   1888,  84;    1894,   522.)     P.    S. 
119. 

189  Superseded,  1894,  352.     (See  1893,  469.)     P.  S.  158. 

190  §  2  in  part  superseded,  1893,  479.     P.  S.  1.54. 

192     Limited,  and  §  4  repealed,  1891,  327.      (See  1887,  197;   1890,  229; 

1893,  205.)     P.  S.  91. 
194     Limited,  1890,  289.     P.  S.  83. 
197     Affected,  1895,  259.     P.  S.  221. 

202  Repealed,  1887,  120.     P.  S.  91. 

203  Amended,  1891,  419.     Aft'ected,  1892,  348.      (See  1891,  180;   1893, 

376.)     P.  S.  160. 
207     Affected,  1892,  333.     P.  S.  37. 
210     Affected,    1891,    97;     1892,    245;    1894,    528.       (See   1892,    402.) 

P.  S.  50. 
216     Affected,  1888,  425;   1889,  402.     P.  S.  17. 
219     Affected,  1887,  367;   1895,  390.     (See  1894,  195,  251.)     P.  S.  79. 

222  Repealed,   1887,   214   §    112.      (See   1893,   54;   1894,   522.)     P.    S. 

119. 

223  Affected,  1892,  127.     P.  S.  151. 

230  Affected,  1891,  341  ;    1894,  541;    1895,  157,  311.     P.  S.  105. 

231  Superseded,  1889,  465.      (See  1888,  158.)     P.  S.  11. 
234     Affected,  1891,52.     P.  S.  91. 

236  Affected,  1887,  433  §  4.      (See  1893,  208.)     P.  S.  44. 

237  Superseded,  1887,  411  §  13.      (See  1893,  367  §  13.)     P.  S.  14. 

238  Superseded,  1891,  410.     P.  S.  15. 

241  Repealed,  1888,  239.      (See  1887,  179  ;   1889,  226.)     P.  S.  41. 

242  Repealed,  1894,  59.     P.  S.  112. 

250  Amended,  1890,  252;   1892,  67.     P.  S.  61. 

251  Superseded,    1889,   339;     1891,   79;    1892,    298;    1893,    288,    291. 

P.  S.  22. 

252  Repealed,  1894,  317.  (See  1889,  77,  321;  1892,  248.)  P.  S.  116. 


8SS  Changes  in 

Statutes  of  18SG  —  Concluded. 

Chap. 

2o'J     §  1  repealed,  1889,  454  §  G.      (See  1894,  309.)      §  2  amended,  1887, 

185.     P.  S.  102. 
2G0     §  1  repealed,  1890,  83.     Affected,  1893,  111  ;   1894,  481,  499.     P.  S. 

74,  103. 

262  Repealed,  1890,  423  §  228.      (See  1893,  417.)     P.  S.  7,  27. 

263  Amended,  1887,  269.    Affected,  1892,  382.     §  1  amended,  1888,  261. 

§  4  amended,  1890,  385.     P.  S.  74. 

264  Repealed,  1890,  423  §  228.      (See  1888,  146  ;  1891,  242  ;   1892,  190, 

405;   1893,  417.)     P.  S.  7. 
274     Repealed,  1888,  375.      (See  1890,  441.)     P.  S.  80. 
276     §  1  superseded,  1891,  142.      (See  1888,  292;  1893,  189,  398;   1894, 

102,  205.)     §  3  afifected,  1890,  249.     §  5  repealed,  1894,  97.     §  6 

limited,  1887,  300.     §  7  extended,  1895,  56.    Added  to,  1891,  254. 

In  part  repealed,  1892,  102.      (See  1893,  49,  105.)     P.  S.  92. 
281     Affected,  1888,  345.     P.  S.  167,  183. 
283     §  1  amended,  1889,  115.      (See  1888,  437.)     P.  S.  28. 
287     See  1895,  338.     P.  S.  80. 

289  Affected,  1895,  456.      (See  1890,  449  ;   1891,  144.)     P.  S.  67. 

290  See  1894,  496.     P.  S.  157. 

295  Repealed,  1893,  423.   (See  1888,  221  ;  1889,  191  ;  1890,  254;  1893, 

417  §  266.)  P.  S.  27. 

296  §   4  affected,   1888,   199   §   3.       (See    1889,  451    §  8;    1894,  444.) 

P.  S.  35,  216. 

298  §  4  repealed,  1887,  123.     P.  S.  87. 

305  Amended,  1888,  391  ;   1893,  466.     P.  S.  202. 

307  Superseded,  1893,  479.     P.  S.  154. 

317  Affected,  1891,  58,  412.     §  3  amended,  1894,  280  §  1.     P.  S.  56. 

318  Affected,  1891,  58,  412.     P.  S.  56,  57. 

319  Affected,  1887,  346,  367;  1892,  229;   1894,   195;   1895,  390.     §   3 

superseded,  1890,  414  §  2.     P.  S.  87. 

320  Repealed,  1888,  390  §  95.     P.  S.  12. 

323     §§  2,  3  repealed,  1892,  302.     (See  1888,  49  ;   1891,  427  ;  1892,  303.) 
P.  S.  221. 

328  See  1887,  411  §§  77,  79  ;   1893,  367  §§  77,  79.     P.  S.  14,  203. 

329  Affected,  1888,  311.     P.  S.  207. 

330  Affected,  1888,  248.      (See  1893,  217,  252.)     P.  S.  48. 

332  Affected,  1887,  142  §  3  ;  1888,  390  §  95.     P.  S.  13. 

333  §  2  superseded,  1887,  227.     P.  S.  154. 

334  Amended,  1889,  349.     P.  S.  16. 

340     Restricted,  1892,  50.      (See  1887,  307.)     P.  S.  102. 

342     Extended,  1887,  320;   1891,  59.     P.  S.  146. 

346     §§  1,  2,  5  extended,  1887,  382.     §  2  amended,  1888,  122.    Affected, 

1894,  450.      (See  1887,  385;    1888,  350;    1889,   169;    1892,   67, 

263,  274.)     P.  S.  61,  106. 
352     Repealed,  1894,  359.      (See  1892,  59.)     P.  S.  2. 
354     Repealed,  1894,  444.      (See  1887,  231.)     P.  S.  35. 


THE  Statutes.  889 

Statutes  of  1887. 

Chap. 
24     Repealed,    1894,    424.      (See    1887,    74;    1889,    324;    1892,    133.) 

P.  S.  159. 
26     Superseded,  1893,  103.     P.  S.  15. 

30  Superseded,  1891,  375.      (See  1888,  432.)     P.  S.  16. 

31  Affected,  1888,  333;   1894,  143,  144;   1895,  57.     P.  S.  20. 

38  Repealed,  1888,  209  §  2.     P.  S.  208. 

39  Superseded,  1894,  259.      (See  1889,  209.)     P.  S.  158. 
61     §  2  superseded,  1888,  89.     P.  S.  154. 

63  Affected,  1889,  237,  269.     P.  S.  156. 

67  Exteuded,  1891,  15;  1894,  27,  117.     P.  S.  203. 

72  Superseded,  1893,  469.     P.  S.  158. 

74  Amended,   1892,   133.      (See  1893,  404,  452  ;  1894,  68,  330.)    P.  S. 

159. 

83  Superseded,  1891,  411  §  2.     P.  S.  15. 

86  Superseded,  1890,  242.      (See  1891,  65.)     P.  S.  11.      . 

87  Extended,  1891,  384.     P.  S.  16. 

96  §  1  limited,  1888,  238.      (See  1892,  188.)     P.  S.  91. 

103  Repealed,   1894,  508.      (See  1887,  173,  215,  218;    1888,  149,  305, 

426  ;  1890,  438  ;  1891,  261  ;  1894,  481.)     P.  S.  48,  74. 

105  §  2  amended,  1890,  30.     P.  S.  91. 

110  Superseded,  1888,  390.     P.  S.  12. 

112  Superseded,  1888,  257.     P.  S.  159. 

113  Repealed,  1894,  317.     P.  S.  116. 

116  Superseded,  1895,  193.     P.  S.  2. 

117  Superseded,  1894,  470.     P.  S.  154. 

121  Repealed,  1894,  508.     P.  S.  74. 

122  Repealed,  1889,  301  §  10.      (See  1889,  279;   1890,  447.)     P.  S.  30. 

127  In  part  superseded,  1892,  128.     P.  S.  103. 

128  In  part  superseded,   1893,  358;   1895,  284.      (See  1890,  456  §   2.) 

P.  S.  5. 

142  Repealed,  1888,  390  §  95.     P.  S.  12. 

143  Affected,  1890,  334.     P.  S.  203. 

147  Repealed,  1890,  423  §  228.      (See  1888,  436  §  28  ;  1889,  413  §  28.) 

P.  S.  7. 

156  Superseded,  1894,  GC.     P.  S.  156. 

160  In  part  superseded,  1889,  238;   1892,  233.     P.  S.  17. 

164  Superseded,  1894,  415.     P.  S.  25. 

166  Superseded,  1893,  469.     P.  S.  158. 

173  Repealed,  1894,  508.      (See  1887,  215.)     P.  S.  48,  74. 

174  Superseded,  1893,  479.     P.  S.  154. 

175  Affected,  1889,  206.     P.  S.  154. 

178  Affected,  1892,  353;   1893,  51.     P.  S.  103. 

179  Repealed,  1888,  239.      (See  1889,  226.)     P.  S.  41. 

180  Superseded,  1891,  161.     P.  S.  154. 
193  §  3  amended,  1891,  137.     P.  S.  91. 

196     Repealed,  1894,  317.      (See  1888,  213;   1890,  168.)     P.  S.  116. 


890  Changes  in 

Statutes  of  1881  —  Continued. 

Cliap. 

VJl  Superseded,  18'Jl,  327.  (See  1890,  229.)  P.  S.  91. 

199  Superseded,  1893,  190.  P.  S.  lo9. 

202  Affected,  1889,  208  ;  1892,  305.  §  5  amended,  1890,  402.  P.  S.  32. 

206  Affected,  1890,  439;  1893,  226.  P.  S.  100,  11.3. 

208  Superseded,  1893,  479.  P.  S.  154. 

209  Superseded,  1893,  86.  (See  1892,  287.)  P.  S.  5. 
212  Amended,  1889,  111.  (See  1888,  333.)  P.  S.  20. 

214  In  part  superseded,  1894,  522.   (See  1882,  195  ;  1883,  33,  107,  126, 

235,  258;  1884,  55,  58,  119,  120,  177,  178,  180,  217,  235,  296; 
1885,  183,  241,  300,  308,  354;  1886,  187,  222;  1887,  214,  283; 
1888,84,141,151,154,165;  1889,356,378;  1890,26,304;  1891, 
195,  233,  289, 368  ;  1892,  47, 372  ;  1893,  54, 117,  224,  434  ;  1894, 
19,  103,  120,  133,  137,  147,  225,  300,  381,  442.)  P.  S.  119. 

215  Repealed,  1894,  508.   (See  1887,  280  §  1,  330;  1888,  348;  1890, 

183  ;  1892,  83,  352,  357.)  P.  S.  48,  74. 

217  Superseded.  1893,  422.     P.  S.  156. 

218  Atlected,  1888, 149  §  3,  316,  399.  426.     (See  1890,  438  ;  1891,  261  ; 

1894,  481,  508.)     P.  S.  103,  104. 

219  Repealed,  1887,  276.     P.  S.  104. 
221     Superseded,  1891,  429.     P.  S.  15. 

226  Affected,  1887,  281 ;  1888,  362  ;  1893,  247,  445.     P.  S.  11. 

227  Superseded,  1894,  374.     P.  S.  154. 

228  See  1888,  363  ;  1889,  446.     P.  S.  11. 
234  Extended,  1888,  181.     P.  S.  103,  220. 
243  In  part  superseded,  1895,  369.     P.  S.  159. 
245  Superseded,  1892,  143.     P.  S.  20. 

249  Repealed,  1890,  423  §  228.     (See  1892,  351  §  2  ;  1893,  417.)     P.  S.  27. 

252  Repealed,  1894,  491.      (See  1892,  195  ;  1893,  306  ;  1895,  496.)     P.  S. 

58,  80,  90. 

256  Affected,  1888,  389,  426  §  13  ;  1891,  302,  357  §  6.     P.  S.  103. 

259  Superseded,  1893,  469.     P.  S.  158. 

263  §  1  amended,  1894,  130.     P.  S.  2,  160. 

266  Repealed,  1888,  248  §  2.     P.  S.  89. 

267  See  1893,  227,  472.     P.  S.  80. 

269  Affected,  1892,  382.     §  1  extended,  1888,  261.     §  3  amended,  1890, 

385.     P.  S.  74. 

270  Amended,  1888,  1.55;  1892,  260;  1893,  359;  1894,  499.   (See 

1890,  83;  1895,  362  §  7.)  P.  S.  74,  112. 

272  Repealed,  1890,  423  §§  143,  228.      (See  1893,  417  §  7.)     P.  S.  7. 

273  Repealed,  1893,  469.     P.  S.  158. 

274  §  2  superseded,  1889,  92.     P.  S.  154. 

276  Affected,  1K86,  426  §  14.     P.  S.  104. 

277  §  2  amended,  1895,  348  §  6.     P.  S.  72. 

280  Repealed,  1894,  508.     (See  18.S7.  330  ;  1888,348;   1890,183;   1892, 

83,  352,  357.)     P.  S.  48,  74. 

281  See  1893,  247,  445.     P.  S.  11. 

283     Affected,  1888,  154  ;  1890,  197  ;  1892,  129.     P.  S.  13. 


THE  Statutes.  891 

Statutes  of  1887 — Continued. 
Chap. 

286  See  1894,  104.     P.  S.  178. 

293  Superseded,  1893,  396  §§  35,  39.     P.  S.  154. 

295  Shall  not  apply  to  provisions  of  1890,  428.     P.  S.  112. 

310  Affected,  1890,  213.     P.  S.  26. 

314  Affected,  1890,  293;   1891,  122.     P.  S.  91. 

315  Affected,  1895,  383.     P.  S.  219. 

319  Repealed,  1894,  317.     P.  S.  116. 

320  Extended,  1891,  59.     P.  S.  146. 

327  In  part  superseded,  1894,  379.     P.  S.  154. 

330  Repealed,  1894,  508.     P.  S.  48,  74. 

332  §  3  see  1895,  116.     P.  S.  147,  151. 

338  §§  1,  2  amended,  1894,  218.     P.  S.  80. 

342  §  2  iu  part  repealed,  1891,  342.     P.  S.  13. 

346  Affected,  1887,  367;   1889,  414;  1895,  390.     P.  S.  87. 

355  Repealed  so  far  as  inconsistent  with  1888,  264.     P.  S.  221. 

361  Repealed,  1891,  125.     (See  1892,  410.)     P.  S.  74. 

362  Aft'ected,  1891,  249.     P.  S.  112. 

366  Affected,  1890,  326;  1893,  315;   1894,  462.     P.  S.  113. 

371  Repealed,     1890,    423    §§     215,    228.       (See    1893,    417    §     263.) 

P.  S.  27. 

373  Extended,  1889,  286;  1891,  116;   1893,  149.     P.  S.  11. 

375  Extended,  1888,  192.     P.  S.  221. 

380  Amended,  1895,  419  §  10.     P.  S.  99. 

382  Aff'ected,   1888,   350,  428:   1891,   370;   1892,  259,263.     Extended, 

1895,  350.     §  3  amended,  1892,  274.     P.  S.  61,  106,  109. 

383  See  1892,  440;  1893,  61.     P.  S.  151. 

385  Affected,  1891,  370;  1892,  259,  263;  1895,169,420.    P.  S.  61,  106. 

391  §§  1,  2  repealed,  1895,  434.      (See  1893,  41.)     P.  S.  98. 

399  Repealed,  1894,  508.     (See  1891,  239  ;   1895,  438.)     P.  S.  74. 

401  §  1  amended,  1893,  197.     P.  S.  84. 

403  Affected,  1892,  211.     P.  S.  221. 

404  Extended,  1891,  265.     (See  1888,  326.)     Affected,  1894,  126.     §  3 

amended,  1895,  105.  P.  S.  38. 
406  Amended,  1888,  297.  P.  S.  100. 
411     Repealed,  1893,  367.      (See  1888,  366,  384;  1889,  360;   1890,  425; 

1891,   232;    1892,   238,   366;  1893,   193,    231.      Res.    1890,  67.) 

P.  S.  11. 

422  See  1892,  331.     P.  S.  68. 

423  Repealed,  1888,  90.   (See  1890,  369.)  P.  S.  116. 

431  Aff'ected,  1893,  472  ;  1«94,  435.   (See  1889,  270  )  P.  S.  100. 

432  Repealed,  1890,  423  §  228.  (See  1891,  395  ;  1893,  417  §  29.)  P.  S.  6. 

433  §  1  repealed,  1888,  348  §  12.  §  2  amended,  1889,  135;  1890,  48, 

299  ;  1891,  317.  (See  1894,  508.)  P.  S.  48,  74. 

437  Affected,  1889,  473.     Extended,  1895,  501.     P.  S.  21,  74. 

438  Affected,   1888,   275;  1890,   380  §  3;  1893,  270:  1894,  183;  1895, 

143,   175.     Extended,   1895,  493.     §  2  amended,  1890,  306.     §  5 
amended,  1890,  216.     (See  1890,  204,  215  ;  1895,  482.)    P.  S.  16. 


892  Changes  in* 

Statutes  of  IS  SI  —  Concluded. 
Chap. 

440  Affected,  1891,  153.     P.  S.  8G. 

441  §  2  in  part  repealed,  1890,  354  ;  1892,  407.     §  4  in  part  superseded, 

1889,  230  §  2.     P.  S.  86. 

442  Affected,    1888,   419;  1889,  415    §    1;   1890,   128;  1891,  271,  407. 

P.  S.  162. 

443  Repealed,  1888,  436  §  6.  (See  1890,  423  §§  83,  228;  1893,  417.) 

P.  S.  100. 

447  Limited,  1888,  22.  §  5  repealed,  1891,  228.  §  6  affected,  1895, 

322.  §  7  repealed,  1888,  403  §  6.  §  12  amended,  1888,  403  §  4. 
(See  1888,  189;  1891,  209,  371;  1894,  451.)  P.  S.  220,  221. 

448  §  1  superseded,  1892,  388.  §  2  repealed,  1895,  419.  (See  1894, 

410.)  P.  S.  99,  212. 

Statutes  of  1888. 

22  Amended,  1888,  403  §   5.      (See  1888,   189;   1891,   209,  228,  371; 

1894,  451.)      P.  S.  220,  221. 

23  Repealed,  1890,  97.   (See  1889,  440  §  14.)  P.  S.  4. 

40  Repealed,  1894,  317.  P.  S.  116. 

41  Superseded,  1889,  177.  P.  S.  21. 
46  See  1893,  173.  P.  S.  192. 

51  Repealed,  1894,  317.  P.  S.  116. 

53  Repealed,  1894,  317.  P.  S.  116. 

54  Superseded,  1893,  479.  P.  S.  154. 
58  Superseded,  1892,  271.  P.  S.  152. 

63  Superseded,  1888,  306  §  1 ;  1893,  263.  (See  1889,  224.)  P.  S.  32. 

85  Repealed,  1891,  292.   (See  1889,  440  §  14.)  P.  S.  4. 

86  Affected,  1892,  419.  P.  S.  104. 
88  Superseded,  1893,  479.  P.  S.  154. 

90  Repealed,  1894,  317.   (See  1890,  369.)  P.  S.  116. 

96  Repealed,  1894,  317.  P.  S.  116. 

105  Affected,  1893,  477  ;  1894,  455  ;  1895,  453.  (See  1892,  419  §  120.) 

P.  S.  80,  102. 

110  Superseded,  1893,  479.  P.  S.  154. 

112  Repealed,  1893,  469.  P.  S.  158. 

113  Repealed,  1894,  481.   (See  1888,  389,  426  §  13;  1891,  302,  357 

^6.)  P.  S.  103,  104. 

114  Extended,  1894,  389.      (See  1894,  422.)     P.  S.  52. 
1-iO     Repealed,  1894,  317.      (See  1890,  222.)     P.  S.  116. 

122  Superseded,  1889,  440  §  7.     P.  S.  4. 

123  See  1894,  514.     P.  S.  170. 

127  Repealed,  1894,  317.     (See  1890,  44.)     P.  S.  4,  116. 

134  See  18!t2,  330.     P.  S.  115. 

141  Superseded,  1894,  522  §  31.   (See  1894,  133  §  2.)  P.  S.  119. 

146  Repealed,  1890,  423  §§  72,  228.   (See  1893,  417  §  104.)  P.  S.  27. 

148  Affected,  1888,  380,  420;  18H9,  315.  P.  S.  132,  134. 

149  Repealed,  1894,  508.  (See  1890,  438 ;  1891,  261.)  P.  S.  74,  104. 


THE  Statutes.  893 

Statutes  of  1888  —  Continued. 
Chap. 

151  Superseded,  1894,  522  §  60.      (See  1891,  291.)     P.  S.  119. 

152  Superseded,  1893,  4(59.     P.  S.  158. 

154  Affected,  1890,  197;    1892,  129;   1894,  522.     P.  S.  13,  119. 

155  Amended,  1892,  260.     (See  1890,  83  ;  1893,  359  ;  1894,  499.)     P.  S. 

74,  112. 

157  In  part  superseded,  1893,  138.     P.  S.  17. 

158  Superseded,  1889,  465.     P.  S.  11. 
160     See  1889,  439.     P.  S.  80. 

164  Repealed,  1890,  423  §§  105-107,  228.    (See  1893,  417  §  214.)    P.  S.  7. 

165  Superseded,  1894,  522  §  34.     P.  8.  119. 
174     Superseded,  1892,  347.     P.  S.  35. 

180  Affected,  1890,  440  §  8  ;  1893,  396  §  9.     P.  S.  26,  154. 

186  Repealed,  1889,  440  §  14.     P.  S.  4. 

189  See  1888,  403;   1891,  209,  228,  371.     P.  S.  221. 

191  Superseded,  1890,  126.      (See  1889,  440.)     P.  S.  4,  116. 

199  Repealed,  1889,  451  §  8.      (See  1891,  229;   1894,  445,  522.)     P.  S. 

35,  216. 

200  Repealed,  1890,  423  §  228.   (See  1892,  351;  1893,  417.)  P.  S.  6. 
203  Repealed,  1890,  423  §§  123,  228.   (See  1893,  417  §  299.)  P.  S.  27. 

206  Repealed,  1890,  423  §  228.  (See  1892,  351  §  9  ;  1893,  417.)  P.  S. 

27. 

207  Repealed,  1888,  426  §  14.      (See  1894,  481.)     P.  S.  104. 
213     Repealed,  1894,  317.      (See  1890,  168.)     P.  S.  116. 

221  Repealed,  1893,  423.      (See  1889,  191  ;   1890,  254;   1893,  417  §  266; 

1894,  16.)     P.  S.  27. 

223  Affected,  1892,  188.     P.  S.  91. 

233  Superseded,  1891,  107.     P.  S.  154. 

239  p:xtended,  1889,  226.     P.  S.  41. 

240  Extended,  1891,  129.     P.  S.  112. 
246  See  1889,  152.     P.  S.  154. 

248     Affected,  1893,  217,  252.     P.  S.  84. 

254     Exteuded,  1889,  347  ;    1894,  130  §  5  ;  1895,  337.     Affected,   1888, 
262;  1889,  186,  361.     P.  S.  100. 

256  Repealed,  18cS9,  440  §  14.     P.  S.  4. 

257  §  1  amended,  1892,  95.     §  3  repealed,  1891,  87  §  2.     §  4  affected, 

1891,  236.      (See  1890,  209,  360  )     P.  S.  159,  199. 
262     Amended,  18-9,  361.     (See  1889,  186,  347.)     P.  S.  100. 
264     Superseded,  18b9,  412.     P.  S.  221. 
267     §  2  superseded,  1891,  113.     P.  S.  17. 

274  Superseded,  1892,  104,  328.     P.  S.  150. 

275  §  1  aft'ected,  1890,  380 ;  1893,  270 ;  1894,  183  ;  1895,  143.     §  2  super- 

seded, 1891,  292.     P.  S.  4,  16,  23. 

276  Repealed,  1890,  193.      (See  1891,  138.)     P.  S.  91. 
2S0     Affected,  1889,  418  ;  1892,  230.     P.  S.  158. 

287  Amended,  1892,  234.     P.  S.  91. 

288  Repealed,  1889,  275.     P.  S.  70. 

290     Affected,  1890,  261  ;  1891,  415  §  3  ;  1895,  116.     P.  S.  156. 


894  Changes  in 

Statutes  of  1888  —  Continued. 

Chap. 

292     Superseded,   1891,   142.      (See  1893,   189,   398;    1894,    102,   205.) 

P.  S.  92. 

296     Affected,  1895,  421.  V.  S.  20. 

304  Amended,  1889,  112.  Affected,  1890,  347  ;  1892,  255.    P.  S.  27,  40. 

305  Kepealed,  1894,  508.  P.  S.  74. 

306  Amended,  1893,  263.  Affected,  1889,  224.     P.  S.  32. 

314  Affected,  1891,  287  §  2.     P.  S.  152. 

315  See  1890,  127.     P.  S.  11. 

316  Kepealed  so  far  as  relates  to  Boston,  1892,  419  §   138.     Affected, 

1888,  426;   1894,  337,  382.     §§  1,  2  amended,  1893,  199.     Appeal 
criven,  1890,  438;  1891,  261.     (See  1894,  481.)     P.  S.  104. 

321     Extended,  1895,  387.     P.  S.  106. 

326     See  1891,  265;   1894,  126.     P.  S.  38. 

328     Affected,  1895,  431.     P.  S.  219. 

333     Aft'ected,  1894,  143,  144;  1895,  57.     P.  S.  20. 

335     Superseded,  1889,  408.      (See  1893,  333.)     P.  S.  221. 

337     Repealed,  1889,  294.     (See  1888,  403  §§  7,  8.)     P.  S.  221. 

340     Amended,  1892,  280.     P.  S.  7,  31,  100. 

346     See  1894,  104.     P.  S.  178. 

348  Repealed,  1894,  508.  (See  1889,  291  ;  1890,  183,  299;  1892,  83, 

352,  357;  1894,  498.)  P.  S.  48,  74. 

349  Extended,  1889,  300.     (See  1889,  394.)     P.  S.  5. 

350  §  1  extended,  1894,  327.     (See  1891,  370;  1892,  259,  263.)     P.  S. 

61. 

352  Superseded,  1893,  396  §§  6,  67.     P.  S.  154. 

353  Repealed,  1890,  423  §  228.     (See  1888,  436 ;  1892,  351  §  48  ;  1893, 

417  §§  130,  283.)     P.  S.  7. 
355     Repealed,  1894,  317.     P.  S.  116. 

365  Extended,  1889,  154.     P.  S.  26. 

366  Repealed,  1892,  366.     (See  1893,  367  §§  22,  29,  30  ;  1894,  312.) 

P.  S.  14. 
375     Added  to,  1890,  441.     (See  1889,  439.)     P.  S.  80. 
377     Repealed,  1891,  427  §  8.     (See  1892,  303.)     P.  S.  207. 

379  §  1  amended,  1893,  186.     P.  S.  28. 

380  Affected,  1889,  315.     (See  1888,  420.)     P.  S.  132,  134. 

382  Repealed,  1890,  423  §  228.     (See  1893,  417.)     P.  S.  9. 

383  Affected,  1895,  363.     P.  S.  4. 

384  Affected,  1893,  367  §§  92-97;   1895,  465  §  5.     Extended,  1894,  211. 

P.  S.  14. 

387  Affected,  1889,  427,  452;   1890,  329;  1891,  233  §  2,  275.     P.  S. 

118. 

388  Affected,  1890,  416  §  6  ;  1895,  497.     §  1  amended,   1892,  428  §   1. 

P.  S.  77,  192. 

389  See  1888,  426  §  13  ;  1891,  302,  357  §  6.     P.  S.  103. 

390  Affected,  1889,  253;    1891,  288;    1892,  168,  370.     §§   2,   28,   29, 

41  and  forms  5,  6,  7  repealed,  1889,  334.     §§  3,  7,  8,  19,  23,  24, 
30,  32,  33,  37,  49,  51,  69,  72  amended,  1889,  334.     §   7  further 


THE  Statutes.  895 

Statutes  of  18S8  —  Concluded. 

Chap. 

amended,  1890,  331  §  2.  §  18  fimended,  1893,  241.  §§  48,  49 
affected,  1894,  537  §  3.  §§  53,  54  amended,  1892,  109.  §  54 
affected,  1889,  334  §  3  ;   1890,  331.     P.  S.  12. 

391     Repealed,  1893,  466.     P.  S.  202. 

396  §§  2,  4,  5  repealed,  1891,  196  §  2.     P.  S.  30. 

397  Affected,  1891,  323;    1892,  418;    1894,  494.     In  part  superseded, 

1892,  415  §  3.     P.  S.  49. 
399     Repealed,  1894,  481.     (See  1888,  426  ;  1890,438;   1891,261;  1892, 

419.)     P.  S.  104, 
403     Affected,   1894,  451.     §    2   amended,   1891,   371.      (See  1891,  209, 

228.)     P.  S.  220,  221. 
405     See  1889,  406  ;  1890,  387.     §  3  in  part  repealed,  1895,  234.     P.  S. 

157,  187. 

413  Affected,  1889,  342,  452;  1890,315;  1892,327;  1893,114.  §  18 

amended,  1894,  274.  (See  1888,  429  §  2  ;  1891,  257.)  P.  S. 
105,  118. 

414  §  2  revised,  1894,  198.  P.  S.  60,  65. 

415  Affected,  1893,  396  §  64.  P.  S.  154. 

419  Amended,  1889,  415.  Affected,  1890,  128;  1891,  313,  407;  1894, 
184.  §  6  amended,  1891,  271.  §  13  limited,  1893,  62.  P.  S.  162. 

426  Repealed,  1894,  481.  (See  1890,  438;  1891,  261,  302,  357  §  G; 
1892,  419  §  138  ;  1893,  199  ;  1894,  337,  382,  508.)  P.  S.  104. 

428  Repealed,  1890,  252.   (See  1892,  67.)  P.  S.  61. 

429  Superseded,  1894,  367;  1895,  104,  281,  340.  (See  1890,  341,  400; 

1891,  163,  233,  368;  1892,  40,  201,435;  1893,  47,  321,  418; 
1894,  60,  328,  381.)  P.  S.  115,  119. 

431  §§1,  2,  3  amended  and  §  4  superseded,  1893,  200.   (See  1890,  379  ; 

1891,  272;  1894,  58.)  P.  S.  44. 

432  In  part  superseded,  1891,  375.  P.  S.  16. 

434  Repealed,  1890,  423  §§  83,  228.  (See  1893,  417  §§  123,  130.) 
P.  S.  27. 

436  Repealed,  1893,  417  §§  96-99.   (See  1889,  413;  1800,  219,  386; 

1891,  269,  270;  1892,  124,  316,  368;  1893,  177,  349,  351.) 
P.  S.  7. 

437  Repealed,  1893,  417.  P.  S.  28. 

438  Repealed,  1889,  298;  1890,  447.   (See  1893,  237,  279.)  P.  S.  30. 
441  Repealed,  1893,  417  §§  71-74.  (See  1894,  504  ;  1895,  489,  502,  507.) 

P.  S.  7. 

Statutes  of  1889. 

11  Amended,  1892,  187.     P.  S.  59. 

19  Superseded,  1892,  93.     P.  S.  154. 

21  Superseded,  1892,  166.     P.  S.  27,  28. 

32  Repealed,  1889,  440  §  14.      (See  1891,  292.)     P.  S.  4.' 

35  Repealed,  1889,  440  §  14.     P.  S.  4. 

41  Superseded,  1893,  479.     P.  S.  154. 

53  Superseded,  1895,  93.     P.  S.  4. 


896  Changes  in 

Statutes  of  1880—Contmned. 
Chap. 

69  Ropealod,  1890,  423  §  228.      (See  1892,  351  ;  1893,417  §  24.)    P.  S.  6. 

77  KeiK-aled,  1894,  317  §  2.     P.  S.  IIG. 

86  Repealed,  1894,  317  §  20.      (See  1889,  449.)     P.  S.  116. 

88  Repealed,  1894,  317  §  46.     P.  S.  116. 

91  Repealed,  1894,  317  §  19.     P.  S.  116. 

92  Superseded,  1893,  479.     P.  S.  154. 

98  Repealed,  1893,  423  §§  25,  26.     (See  1889,  178;  1893,  417  §  266; 
1894,  16,  17.)     P.  S.  27. 

101  §  1  repealed,  1890,  239.     P.  S.  15. 

103  Superseded,  1895,  90.      (See  1892,  96.)     P.  S.  11. 

108  Affected,  1890,  132.     P.  S.  50. 

112  Affected,  1890,  347.      (See  1892,  255.)     P.  S.  40. 

113  Affected,  1895,  218.     P.  S.  215. 

114  Operation  restricted,  1889,  268.     P.  S.  100. 
124  Repealed,  1889,  440  §  14.     P.  S.  4. 

135  Affected,  1890,48;   1894,498.     Amended,  1891,  317.      (See  1889, 

291  ;   1890,  299;   1894,  508.)     P.  S.  48,  74. 

150  Repealed,  1889,  440  §  14.     P.  S.  4. 

159  §  1  superseded,  1894,  342.     §  2  amended,  1895,  171.     P.  S.  117. 

161  Repealed,  1894,  317.     P.  S.  116. 

164  Repealed,  1889,  440  §  14.     P.  S.  4. 

170  In  part  superseded,  1892,  58.     P.  S.  154. 

178  Repealed,  1893,  423.     P.  S.  27. 

180  Repealed,  1894,  317.      (See  1893,  254.)     P.  S.  116. 

186  Affected,  1889,  361.     P.  S.  100. 

191  Repealed,  1893,  417.      (See  1890,  254.)     P.  S.  7,  27. 

196  Repealed,  1890,  423  §  228.      (See  1892,  351  ;  1893,  417.)     P.  S.  6. 

202  Repealed,  1891,  164.     P.  S.  91. 

208  Affected,  1890,  402  ;  1892,  305.     P.  S.  32. 

209  Superseded,  1894,  259.     P.  S.  158. 

211  Superseded,  1893,  469.     P.  S.  158. 

212  Repealed,  1889,  440  §  14.  P.  S.  4. 
215  Extended,  1895,  251.  P.  S.  159. 
227  Repealed,  1891,  160.  P.  S.  154. 
234  Amended,  1894,  170.  P.  S.  124. 
237  Amended,  1889,  269.  P.  S.  156. 
241  Repealed,  1893,  131.     P.  S.  112. 

245  Superseded,  1895,  449  §  14.     P.  S.  220. 

246  §  3  amended,  1890,  118.     P.  S.  112. 

249  Repealed,  1894,  498.     (See  1889,  422  ;  1890,  309  ;  1891,  426  ;  1892, 

()2.)     P.  S.  48. 

251  Suncrseded,  1893,  469.     P.  S.  158. 

267  Superseded,  1894,  461.     (See  1891,  304.)     P.  S.  207. 

270  Repealed,  1894,  435.     P.  S.  100. 

279  Superseded,  1894,  279.     P.  S.  30. 

2«6  Extended,  1891,  116;   1893,  149.     P.  S.  11. 

289  Superseded,  1891,  71.     P.  S.  154. 


THE  Statutes.  897 

Statutes  of  1889  —  Continued. 

Chap. 

291  Repealed,  1894,  508.     (See  1890,  48,  299  ;  1891,  317.)    P.  S.  48,  74. 

292  Affected,  1890,  336.     P.  S.  91. 

298  Superseded,  1890,  447  ;  1893,  237.     P.  S.  30. 

301  Repealed,  1894,  301.     (See  1895,  3G1.)     P.  S.  30. 

305  Repealed,  1894,  317.     P.  S.  IIG. 

309  Affected,  1892,  318.     §  2  added  to,  1891,  194.     (See  1889,  416.) 

P.  S.  48,  102. 

313  See  1890,  420.     P.  S.  157. 

316  §  1  amended,  1892,  192.     P.  S.  113. 

317  Repealed,  1894,  65.     P.  S.  154. 
321  Repealed,  1894,  317.     P.  S.  116. 
324  Superseded,  1894,  424.     P.  S.  159. 
326  Extended,  1895,  385.     P.  S.  80,  208. 

334  §  3  amended,   1890,  331.     Affected,  1894,  537.      (See   1891,   288; 

1892,  168,  370.)     P.  S.  12. 

337  Repealed,  1893,  417.      (See  1890,  423  §  26  ;  1892,  351.)     P.  S.  6. 

339  Superseded,  1893,  291.     P.  S.  22. 

342  Affected,  1890,  315.      (See  1892,  327.)     P.  S.  118. 

347  Affected,  1894,  130  §  5  ;  1895,  337.     P.  S.  100. 

356  Amended,  1891,   195.     Affected,   1894,  133  §  3,    522  §  80.     P.  S. 

119. 

360  Superseded,  1893,  367.     P.  S.  14. 

372  Affected,  1891,  221.     Amended,  1893,  23.     P.  S.  29. 

374  §  2  in  part  repealed,  1891,  235.     P.  S.  4,  21. 

378  Superseded,  1894,  522  §  64.     P.  S.  119. 

391  See  1892,  186,  188;  1893,  55.     P.  S.  91. 

393  See  1890,  321.     P.  S.  105,  161. 

395  Affected,  1892,  184.     §  3  amended,  1894,  62.     P.  S.  30. 

398  Extended,  1889,  434;  1895,  350.     P.  S.  54,  109. 

401  Aff'ected,  1892,  289.     P.  S.  161,  171. 

404  Repealed,  1893,  417.     (See  1890,  423.)     P.  S.  6. 

406  Affected,  1890,  387.     P.  S.  157. 

408  Superseded,  1893,  333.     P.  S.  221. 

412  In  part  superseded,  1893,  455,  456;   1894,  370.     P.  S.  221. 

413  Repealed,   1893,  417.      (See  1890,  386  ;    1891,10,31,74,238,269, 

270;  1892,  279,  316,  368.)     P.  S.  7,  9. 

414  §  4  amended,  1890,  251.     §§  6,  16  amended,  1891,  158.     Affected, 

1892,  53.     P.  S.  87. 

415  Affected,  1894,  184.  §  3  amended,  1890,  128.  §  6  limited,  1893,  62. 

§  7  extended,  1891,  313.   (St-e  1891,  271,  407.)  P.  S.  162. 

416  Repealed,  1892,  318  §  16.   (See  1891,  194.)  P.  S.  48,  80. 

417  Repealed,  1895,  394.  P.  S.  157. 

418  Superseded,  1892,  230.  P.  S.  158. 

422  Repealed,  1894,  498.  (See  18'J0,  309  ;  1891,  426  ;  1892,  62.)  P.S.48. 
427  Repealed,  1895,  311.   (See  1882,  106  ;  1884,330;  1889,452;  1890, 

329  ;  1891,  233,  275  ;  1893,  303.)  P.  S.  105,  118. 
434  Extended,  1895,  350.  P.  S.  109. 


898  Changes  in" 

Statutes  of  18S9— Concluded. 

Chap. 

439  Extended,  1895,  406.      (See  1894,  ^07  ;   1895,  294.)     P.  S.  50,  80. 

440  Kopeiilod,  1894,  393.      (See  1890,  50,  97,  126;    1891,   76,  191,   193, 

292;  1893,  70,  108,  223,  438;   1894,  200.)     P.  S.  4. 

442  Amended,  1890,  427  §  2.     Affected,  1893,  340.     P.  S.  176. 

449  In  part  repealed,  1894,  317.     P.  S.  116. 

450  Repealed,  1892,  419.     P.  S.  104. 

451  Repealed,  1894,  445.      (See  1891,  229.)     P.  S.  35,  216. 

452  Affected,  1890,  310,  329;   1893,  230.     P.  S.  117. 
454  §  5  affected,  1894,  309.     P.  S.  102. 

456  Repealed,  1H92,  402.      (See  1892,  346.)     P.  S.  50. 

461  In  part  repealed,  1895,  256.     P.  S.  152. 

462  Affected,  1890,  420;   1893,  118.     P.  S.  139. 

464  Repealed,  1894,  188.      (See  1890,  384;   1891,  317,  361.)     P.  S.  47. 

466  Snperseded,  1895,  288.     P.  S.  144. 

469  Affected,  1890,  440;  1891,  325.     P.  S.  199. 

471  §  4  superseded,  1892,  380.     P.  S.  159. 

473  §  1  amended,  1895,  501.     P.  S.  21,  74. 

Statutes  of  1,890. 

26  Superseded,  1894,  522  §§  42-44.      (See  1891,  289.)     P.  S.  119. 

44  Repealed,  1894,  317.     P.  S.  116. 

48  Repealed,  1894,  508.      (See  1890,  299  ;  1891,  317  ;  1894,  498.)     P.  S. 
48,  74. 

50  Repealed,  1894,  393.     P.  S.  4. 

58  §  2.     Amount  increased,  1891,  54;  1894,  245.     P.  S.  16. 

70  Superseded,  1894,  433.     P.  S.  207. 

83  Repealed,  1894,  481.      (See  1893,  111.)     P.  S.  104. 

90  Repealed,  1894,  508.     P.  S.  74. 

93  Superseded,  1893,  479.     P.  S.  154. 

95  Superseded,  1891,  210.     P.  S.  20. 

102  Affected,  1891,  108.     P.  S.  80. 

104  Affected,  1895,  462.     (See  1893,  443;  1894,  285.)     P.  S.  76. 

115  Superseded,  1893,  469.     P.  S.  158. 

126  §  1  amended,  1893,  70.     P.  S.  4. 

127  §§  2,  4  apply  to  1893.  352.     §  3  affected,  1895,  75.     P.  S.  11. 

128  See  1891,  271,  313,  407;   1894,  184.     P.  S.  162. 
137  In  part  superseded,  1892,  249.     P.  S.  103. 

141  See  1890,  380.     P.  S.  23. 

143  Superseded,  1892,  295.  P.  S.  23. 

154  See  1890,  451.  P.  S.  167. 

160  Affected,  1891,  360;  1894,  484.     P.  S.  13. 

168  Repealed,  1894,  317.     P.  S.  116. 

173  See  1891,  204.     P.  S.  112. 

175  Repealed,  1893,  417.   (See  1890,  423  §  155.)  P.  S.  7. 

179  Repealed,  1.S94,  4.^1.  V.   S.  101. 

180  See  1890,  278.  P.  S.  21'.). 


THE  Statutes.  899 

Statutes  of  1890 — Continued. 

Chap. 

183     Affected,  1894,  508.     §  1  amended,  1892,  83.      (See  1892,  352,  357.) 
P.  S.  48,  74. 

192  Superseded,  1893,  344.     P.  S.  158. 

193  Amended,  1891,  138.     Affected,  1895,  277.     P.  S.  91. 

196  §  2  amended,  1891,  49  ;   1892,  147.      (See  1893,  78,  403.)     P.  S.  54. 

197  Amended,  1892,  129.     P.  S.  13. 
199     See  1891,  341.     P.  S.  105. 

201  Superseded,  1892,  187.     P.  S.  159. 

204  Affected,  1890,  215.     P.  S.  154. 

209  Affected,  1891,  87.     P.  S.  199. 

213  See  1892,  286.     P.  S.  26. 

216  See  1894,  183.     P.  S.  23. 

218  Affected,  1891,  236.     (See  1890,  440;  1891,  325,  416.)     P.  S.  159, 

217. 

219  Repealed,  1893,  417.   (See  1890,  423  §  228;  1891,  256.)  P.  S.  7. 

222  Repealed,  1894,  317.  P.  S.  116. 

223  Repealed,  1893,  417  §  204.   (See  1890,  423  §  228;  1892,  351; 

1894,  200.)  P.  S.  6. 

224  Affected,  1893,  396  §  29.     P.  S.  154,  184. 

229  Repealed,  1891,  327.     P.  S.  91. 

230  Amended,  1890,  395.     Affected,  1891,  220.     P.  S.  102. 

239  Affected,  1895,  402.     §  1  amended,  1893,  112.     P.  S.  15. 

240  Affected,  1893,  300.     P.  S.  27,  28. 

242  Affected,  1891,  65.     (See  Amendments  to  Const.    Art.  32.)     P.  S. 

11. 

243  Affected,  1890,  310;   1891,  403.     P.  S.  117. 

249     Superseded,  1891,   142.     (See  1893,   189,  398;  1894,205.)     P.  S. 
92. 

251  Affected,  1891,  158.     (See  1892,  53.)     P.  S.  87. 

252  §  1  amended,  1892,  67.     P.  S.  61. 

254  Repealed,  1893,  417.      (See  1891,  236.)     P.  S.  27. 

261  §  3  aft"ected,  1895,  116.     P.  S.  156. 

284  Added  to,  1890,  452.     P.  S.  212. 

293  Amended,  1891,  122.     P.  S.  91. 

298  Repealed,  1894,  317.     P.  S.  116. 

299  Repealed,  1894,  508.      (See  1892,  352.)     P.  S.  48. 

304  Superseded,  1894,  522  §§  7,  82.     P.  S.  119. 

305  Repealed,  1890,  423  §  228.     (See  1892,  351  ;  1893,  417.)     P.  S.  6, 

27. 

306  Affected,  1895,  175.     P.  S.  23. 

307  Repealed,  1894,  481.     (See  1894,  341.)     P.  S.  104. 

309  Repealed,  1894,  498.     (See  1891,  426  ;   1892,  62.)     P.  S.  48. 

310  Affected,  1891,  403.     P.  S.  117. 

315  Affected,  1893,  114.     (See  1892,  327.)     P.  S.  118. 

326  Affected,  1893,  315;   1894,  462.     P.  S.  113. 

329  Affected,  1895,  311.     P.  S.  105. 

331  See  1891,  288;  1892,  168,  370;  1894,  537.     P.  S.  12. 


900  Changes  in 

Statutes  of  1890 — Continued. 
Chap. 
341     Superseded,  1894,  3G7.     (See  1890,  400,  421  ;  1891,  163,  233,  300; 

1892,  40,  201,  372,  435;    1893,  47,  321,  418;    1894,  60,  328.) 

P.  S.  115,  119. 

346  Repealed,  1892.  402.  P.  S.  50. 

347  Affected,  1892,  255.  P.  S.  40. 

353  §  1  affected,  1891,  325;  1892,  200  §  3.  P.  S.  199. 

354  §  2  iu  part  superseded,  1892,  407.  P.  S.  86. 

355  Amended,  1890,  405.  P.  S.  29. 

359  Extended,  1893,  396  §  59.  P.  S.  154. 

360  Repealed,  1891,  87  §  2.  P.  S.  199. 

364  Repealed,  1891,  366.   (See  1895,  378.)  P.  S.  113. 

365  Repealed,  1891,  179  §  5.  P.  S.  28. 
369  Repealed,  1894,  317.  P.  S.  116. 

371  In  part  repealed,  1894,  501.  P.  S.  109. 

374  Amended,  1895,  372.  P.  S.  159. 

375  Superseded,  1894,  508.   (See  1891,  350  ;  1893,  406.)  P.  S.  74. 

379  Superseded,  1891,  272.  (See  1893,  200  §  4.)  P.  S.  44. 

380  See  1893,  270.  P.  S.  23. 

381  Repealed,  1893,  417.     P.  S.  7. 

382  Affected,  1892,  228.     P.  S.  112. 

383  Affected,  1895,  404.     P.  S.  191. 

384  Repealed,  1894,  498.      (See  1891,  317,  361  ;   1894,  188.)     P.  S.  47. 

385  Affected,  1892,  382.     P.  S.  74. 

386  Repealed,  18:'3,  417.      (See  1891,  10,  31,  32,  74,  155,  270,  278,  305  ; 

1892,  51,  190,  351  ;   1893,  87,  177,  349,  351.)     P.  S.  7,  27. 

393  Repealed,  1893,  417.     P.  S.  7. 

394  Repealed,  1894,  317.     P.  S.  116. 

395  Affected,  1891,  220;    1895,  213.     P.  S.  102. 

400     See  1890,  421  ;  1891,  163,  360;  1892,  201,  435  ;  1893,  47,  418;  1894, 
60,  328,  367.     P.  S.  115,  119. 

402  Affected,  1892,  305.     P.  S.  32. 

403  See  1890,  410.     P.  S.  203. 

404  Affected,  1895,  228,  348.      (See  1891,  370;   1892,  274.)     P.  S.  61, 

109. 
406     Extended,  1891,  171.     P.  S.  13. 
408     See  1893,  379.     P.  S.  144. 

414     Affected,  1891,  1.58;   1892,  53,  229;  1895,  390.     P.  S.  87. 
416     Affected,  1892,  428;   1895,  497.     P.  S.  192. 
421     Affected,   1892,  435;   1894,  381;   1895,104,281,340.      (See  1891, 

360;    1892,   201;    1894,  522   §   3.)     §   20  amended,    1895,    263. 

§  24  extended,  1«92,  372.     P.  S.  119. 
423     Repealed,   1893,  417.      (See  1891,  31,  32,  155,  256,  264,  269,  270, 

277,   278,   286,   290,  305,  314,  328,  329;   1892,  51,  115,  124,  190, 

224,   279,  316,  332,  351,  368,  405,  406,  416,  431  ;    1893,  39,  146, 

200,  307,  308.)     P.  S.  6,  7,  27. 
425     Superseded,  1893,  367.     (See  1891,  232  §  5.)     P.  S.  14. 
427     Affected,  1893,  340.     P.  S.  176. 


THE  Statutes.  901 

Statutes  of  1890  —  Concluded. 

Chap. 

428  Affected,  1892,  178;  1893,  424;  1895,  103.  §  1  amended,  1891, 
262.  §  2  amended,  1891,  33.  §  4  amended,  1892,  312.  §  5 
added  to,  1891,  123.  §  7  amended,  1893,  283;  1894,  545.  Not 
affected  bv  1891,  170.      (See  1892,  228.)     P.  S.  112. 

431  Repealed,  1895,  209.  (See  1893,  405  §§  2,  5 ;  18'J4,  2G1.)  P.  S. 
157. 

436  Repealed,  1893,  417  §  345.  (See  1891,  10,  31,  32,  74,  155,  270, 
278,  305  ;  1892,  406.)     P.  S.  7. 

438  Repealed,  1894,  481.      (See  1891,  261.)     P.  S.  104. 

439  §§  1,  2  amended,  1893,  226  ;   1894,  542.     P.  S.  115, 

440  Affected,  1891,  236,  325,  392,  416.     §  5  repealed,  1891,  416  §§  8, 

10.     (See  1893,  396  §§  9,  49  )     §  11  amended,  1891,  70.    Affected, 
1893,  396  §  1.     P.  S.  22,  154,  199,  217. 

447  Affected,  1893,  237.     §  1  amended,  1893,  279.     P.  S.  30. 

448  §  9  repealed,  1894,  525.     P.  S.  68. 

449  §  2  amended,  1891,  144.     P.  S.  67. 

456  Affected,  1894,  298.  §§  1,  2,  3,  6  amended,  1891,  223.  §  1 
amended,  1895,  410.     P.  S.  2. 

Statutes  of  1891. 

10     Repealed,  1893,  417.     (See  1891,  155;  1892,  51;  1893,  87.)    P.  S. 

7,  27. 
15     Extended,  1894,  27,  117.     P.  S.  203. 

31  Repealed,  1893,  417.      (See  1893,  87.)     P.  S.  27. 

32  Repealed,  1893,  417.     P.  S.  27. 

33  Affected,  1891,  262  ;   1895,  103.     (See  1892,  312  ;  1893,  283.)     P.  S. 

112. 

49  Affected,  1892,  147.     (See  1893,  78.  403.)     P.  S.  54. 

54  Superseded,  1894,  245.     P.  S.  16. 

58  Affected,  1891,  412.     §  1  amended,  1894,  280  §  5.     P.  S.  56,  57. 

65  See  1894,  220.     P.  S.  11. 

70  Affected,  1891,  325;   1893,  396  §  1.     P.  S.  155. 

74  Repealed,  1893,  417.     P.  S.  7. 

76  Repealed,  1894,  393.     P.  S.  4. 

79  Superseded,  1893,  288.     P.  S.  22. 

8'0  Superseded,  1892,  399.     P.  S.  22. 

91  Superseded,  1893,  469.     P.  S.  158. 

96  See  1892,  245  §  8.     P.  S.  50. 

97  Amended,  1893,  380.     (See  1892,  245  ;   1893,  65.)     P.  S.  50. 
113  In  part  superseded,  1894,  297.     P.  S.  17. 

116     Extended,  1893,  149.     P.  S.  11. 

123     Affected,  1892,  178;   1894,  216.      (See  1892,  312.)     P.  S.  112. 
125     Repealed,  1892,  410.     P.  S.  74. 
138     Affected,  1895,  277.     P.  S.  91. 

142  Repealed,  1894,  205.  (See  1893,  105,  189,  398;  1894,  102.)  P.  S. 
92. 


902  Changes  in 

Statutes  of  1891 — Continued. 
Chap. 

155  Repealed,  1893,  417.      (See  1891,  278  ;   1893,  87.)     P.  S.  27. 

158  Affected,  1892,  53.     P.  S.  87. 

163  See  1891,  233;   1892,40,435;  1893,47;   1894,  GO,  328,  3G7.     P.  S. 

115,  119. 

177  §  1  amended,  1893,  272.     P.  S.  43. 

179  See  1895,  186.     P.  S.  27. 

180  Affected,  1891,  419;  1892,  348.      (See  1893,  376.)     P.  S.  160. 
185  Amended,  1891,  406.     P.  S.  81. 

187  See  1892,  430.     P.  S.  22. 

189  Added  to,  1893,  397.     P.  S.  106. 

191  Repealed,  1894,  393.     P.  S.  4. 

193  Repealed,  1894,  393.     P.  S.  4. 

194  Affected,  1892,  318.     P.  S.  48,  80,  141. 

195  See  1894,  522  §  80.     P.  S.  119. 
200  See  1895,  273.     P.  S.  221. 

210  See  1893,  78.     P.  S.  20. 

220  Affected,  1895,  213.     P.  S.  102. 

221  Affected,  1893,  23.     P.  S.  29. 

223  Affected,  1894,  298.     §  1  amended,  1895,  410.     P.  S.  2. 

225  See  1892,  253.     P.  S.  22. 

228  See  1^91,  371.     P.  S.  220,  221. 

229  Affected,  1894,  445.     P.  S.  35,  216. 

232  Superseded,  1893,  367.     P.  S.  14. 

233  Affected,  1893,  224;  1894,  522  §  79.     P.  S.  16,  119. 

236  §  1  affected,  1891,  416.     §  2  affected,  1891,  392.     P.  S.  217. 

238  Repealed,  1893,  417.     P.  S.  7. 

239  Repealed,  1894,  508.     (See  1895,  438.)     P.  S.  74. 

242  Repealed,  1892,  351  §§  17,  48.      (See  1893,  417.)     P.  S.  6. 

254  Affected,  1892,  102;   1893,  105.     P.  S.  92. 

256  Repealed,  1893,  417.     P.  S.  7. 

262  See  1892,  312;  1893,  283;  1895,  103.     P.  S.  112. 

263  Superseded,  1894,  436.     P.  S.  44. 

264  Repealed,  1893,  417.     P.  S.  7. 

265  See  1894,  126.     P.  S.  38. 

269  Repealed,  1893,  417.  P.  S.  7. 

270  Repealed,  1893,  417.  (See  1892,  406.)  P.  S.  7. 

271  See  1894,  184.  P.  S.  162. 

272  Superseded,  1893,  200;  1894,  58.  P.  S.  44. 

275  Repeaied,  1895,  311.  (See  1893,  303.)  P.  S.  118. 

277  Repealed,  1892,  351  §§  9,  48.   (See  1893,  417.)  P.  S.  6. 

278  Repealed,  1893,  417.  P.  S.  7. 

286  Repealed,  1892,  351  §§  4,  6,  48.  (See  1893,  417.)  P.  S.  6. 

288  See  1892,  109,  168,  370.  P.  S.  12. 

289  Superseded,  1894,  522  §  39.  P.  S.  119. 

290  Repealed,  1892,  351  §  48.   (See  1893,  417.)  P.  S.  6. 

291  Superseded,  1894,  522  §  60.  P.  S.  119. 

292  Repealed,  1894,  393.  P.  S.  4. 


THE  Statutes.  903 

Statutes  of  1891— Concluded. 
Chap. 

300  In  part  repealed,  1893,  130.     P.  S.  20. 

302  Repealed,  181)4,  481.      (See  1891,  357  §  6.)     P.  S.  104. 

304  Affected,  1894,  461.     P.  S.  207. 

305  Repealed,  1893,  417.     P.  S.  7. 

314  Repealed,  1893,  417.     P.  S.  7. 

315  Affecte.l,  1893,  99.     P.  S.  22,  190. 

317  Repealed,  1894,  508.      (See  1894,  188,  498.)     P.  S.  47,  74. 

318  Superseded,  1893,  469.     P.  S.  158. 

323  Affected,  1892,  401 ;  1895,  494.  (See  1893,  437.)  P.  S.  50.  §§2, 
5,  9  amended  and  §§  8,  10,  11,  14,  17  superseded,  1892,  418. 
(See  1892,  415.)     P.  S.  49. 

325     Affected,  1893,  396  §  1.     (See  1892,  200.)     P.  S.  199. 

327  See  1893,  205.     P.  S.  91. 

328  Repealed,  1893,  417.  (See  1892,  431;  1893,  146,  308.)  P.  S.  7. 

329  Repealed,  1893,  417.  (See  1893,  307.)  P.  S.  7. 
336  Repealed,  1893,  417.  P.  S.  27. 

341  §  2  repealed,  1894,  541.   (See  1895,  311.)  P.  S.  105. 

349  See  l.s;)2,  416.  P.  S.  205. 

350  Repealed,  1894,  508.      (See  1893,  406.)     P.  S.  74. 

351  Repealed,  1895,  463.     P.  S.  61. 

356  Affected,  1891,  427  ;  1892,  276  ;  1894,  229,  368,  372.     §  1  amended, 

1892,  242.     (See  1892,  303.)     P.  S.  212. 

357  §§  1,  3,  4  amended,  1892,  296.     Affected,  1893,  246.     P.  S.  80. 

360  Amended,  1892,  198.     Restricted,  1892,  201.     P.  S.  105. 

361  Repealed,    1894,    498.      (See    1891,    426;    1892,    62;    1894,    188.) 

P.  S.  47. 

366     Repealed,  1895,  378.  P.  S    113. 

368     Repealed,  1894,  137.  (See  18!»2,  47 ;   1894,  522.)     P.  S.  119. 

370  Affected,  1892,  259;  1893,  454;    1894,  182,  448,  533,  538;    1895, 

228,  350,  420.     P.  S.  27,  28,  61,  106,  109. 

371  See  1894,  451.     P.  S.  221. 

372  Superseded,  1892,  267.     P.  S.  219,  221. 
375     Affected,  1894,  307.     P.  S.  16. 

379     §  2  amended,  1894,  204.     §  4  limited,  1893,  365.     §  10  amended, 

1893,  324.     P.  S.  17,  152. 
395     Repealed,  1893,  417.     P.  S.  6. 
402     Affected,  1893,  124.     P.  S.  44. 
405     §  1  amended,  1893,  311.     P.  S.  2. 
407     See  1894,  184.     P.  S.  162. 

412  §§  2,  4,  9  amended,  1894,  280.     Affected,  1892, 139.     P.  S.  20,  56,  57. 

415  §  3  see  1895,  116.     P.  S.  156. 

419  Affected,  1892,  348.      (See  1893,  376.)     P.  S.  160. 

425  Affected,  1893,  432.     Limited,  1895,  307.     §§  4,  9  amended,  1895, 

430.     §  12  amended,  1892,  379.     P.  S.  11,  136. 

426  Repealed,  1894,  498.      (See  1892,  62.)     P.  S.  47. 

427  Affected,  1892,  160,  200,  242;    1894,  229,  368.     §§  2,  3  repealed, 

1893,  414.     §  5  amended,  1892,  303  ;  1893,  447.     P.  S.  207. 


904  Chaistges  est 

Statutes  of  1893. 

Clinp. 

40  Amended,  1803,  321.    Affected,  1892,  435  ;  1893,47,418;  1894,00, 
328,  367,  381.     P.  S.  llo,  119. 

47  Repealed,  1894,  137.      (See  1894,  522  §  56.)     P.  S.  119. 

51  Repealed,  1893,  417.     P.  S.  27. 

53  See  1892,  229  ;   1894,  195.     P.  S.  87. 

62  Repealed,  1894,  498.     (See  1894,  188.)     P.  S.  47. 

83  Repealed,  1894,  508.      (See  1892,  352,  357.)     P.  S.  74. 

87  In  part  snperseded,  1893,  153;   1895,  393.     P.  S.  159. 

96  Superseded,  1895,  90.     P.  S.  11. 

102  See  1893,  105.     P.  S.  92. 

107  §§  1,  3,  5  amended,  1895,  246.     P.  S.  159. 

109  See  1892,  168,  370;  1894,  537.     P.  S.  12. 

115  Repealed,  1893,  417.     (See  1893,  39.)     P.  S.  7,  10. 

124  Repealed,  1893,  417.     P.  S.  15. 

133  See  1893,  404,  452;   1894,  68,  330.     P.  S.  159. 

147  See  1893,  78,  403.     P.  S.  54. 

148  In  part  superseded,  1893,  396  §  17.  P.  S.  154. 

159  Extended,  1895,  373.   (See  1894,  127.)  P.  S.  17. 

160  See  1892,  200,  242,  303  ;  1893,  414,  447.  P.  S.  207. 
168  See  1892,  370.  P.  S.  12. 

178  See  1893,  283.  P.  S.  112. 

184  Affected,  1894,  62.     P.  S.  30. 

188  §  4  amended,  1893,  55.     P.  S.  91. 

190  Repealed,  1893,  417.     P.  S.  7. 

195  Repealed,    1894,    491.     (See    1892,    432;    1893,    306;  1895,    496.) 

P.  S.  58,  90. 

200  See  1893,  414,  447.     P.  S.  207. 

210  Repealed,  1894,  508.     P.  S.  74. 

224  Repealed,  1893,  417.     P.  S.  7,  27. 

228  See  1895,  426.     P.S.I  13. 

229  Repealed,  1895,  286.      (See  1895,  429.)     P.  S.  87. 

230  Affected,  1893,  431.      (See  1895,  364.)     P.  S.  158. 
238  Superseded,  1893,  367.     P.  S.  14. 

242  See  1892,  276;  1894,  372.     P.  S.  212. 

243  Amended,  1895,  375.     P.  S.  87. 

245  Affected,  1894,  528  ;  1895,  117,  227.     §  8  amended,  1895,  127.      (See 

1893,  65,  380.)     P.  S.  29,  .00. 

248  Repealed,  1894,  317.     P.  S.  116. 

259  Affected,    1893,   454;  1894,    182,  448,   533   §   3.      (See  1885,  169.) 

P.  S.  27,  28,  61. 

260  Amended,  1893,  359.     (See  1894,  499  ;  1895,  362  §  7.)     P.  S.  74. 
262  §  2  affected,  1893,  148.     P.  S.  15,  25,  100. 

268  In  part  superseded,  1893,  396  §  55.     P.  S.  154. 

276  See  1894,  229.     P.  S.  212. 

279  Repealed,  1893,  417.  P.  S.  9. 

287  Repealed,  1893,  86.  P.  S.  5. 

296  Repealed,  1894,  508.  (See  1893,  246.)  P.  S.  74,  80. 


THE  Statutes.  905 

Statutes  of  1893  —  Concluded. 
Chap. 

305  §  2  arnendod,  1894,  402.     P.  S.  32. 

312  See  1898,  283;  1894,  216;   1895,  103.     P.  S.  112. 

314  Affected,  1894,  20G.     P.  S.  32. 

316  Repealed,  1893,  417.     P.  S-  7. 

330  Repealed,  1894,  508.      (See  1894,  437.)     P.  S.  74. 

332  Repealed,  1893,  417.      (See  1892,  368.)     P.  S.  7. 

337  §§  1-3  revised,  1894,  377.     P.  S.  156,  158. 

347  See  1893,  401.     P.  S.  35. 

351  Repealed,  1893,  417.   (See  1893,  209.)  P.  S.  6. 

352  Repealed,  1894,  508.  (See  1892,  357.)  P.  S.  74. 

353  §  2  amended,  1893,  51.  P.  S.  103. 
357  Repealed,  1894,  508.  P.  S.  74. 
359  See  1895,  394.  P.  S.  157. 

361  See  1894,  406.  P.  S.  213. 

366  Aft'ected,  1893,  367  §  29  ;  1894,  312.     P.  S.  14. 

368  Repealed,  1893,  417.     P.  S.  7. 

372  Superseded,   1894,   522  §    73.      (See   1893,   434;    1894,   120,   225.) 

P.  S.  119. 

374  Affected,  1893,  424.     P.  S.  112. 

379  See  1893,  432  ;   1895,  307.     P.  S.  135. 

401  Affected,  1893,  437  ;   1894,  82  ;  1895,  297,  494.     P.  S.  50. 

402  Affected,  1895,  297,  494.     §  3  amended,  1894,  256.     §  6  amended, 

1894,  227.     P.  S.  50. 

403  Repealed,  18-93,  183.     P.  S.  91. 

405  Repealed,  1893,  417.      (See  1893,  146.)     P.  S.  7. 

406  Repealed,  1893,  417.     P.  S.  7. 

409  §§1,2  amended,  1895,  419  §§  7,  8.     P.  S.  99. 

410  Repealed,  1894,  508.     P.  S.  74. 

411  Does  not  apply  to  1894,  326.     P.  S.  192. 

416     Repealed,  1893,  417.      (See  1893,  376.)     P.  S.  7,  160. 

418  Affected,  1895,  494.     P.  S.  49. 

419  Amended,   1893,   170,   297,  464;  1894,443.     §  55  amended,  1895, 

280.     §  81  amended,  1895,  314.     §  82  repealed,  1893,  293.     §  106 
superseded,    1895,  97.     §   108   amended,  1895,  239.     (See  18-94, 
257,  414.)     P.  S.  104. 
425     See  1893,  395.     P.  S.  87. 

431  Repealed,  1893,  417.     (See  1893,  146,  308.)     P.  S.  7. 

432  Repealed,  1894,  491.      (See  1893,  306  §  5  ;   1895,  496.)     P.  S.  58. 

433  Affected,  1893,  424.     P.  S.  112. 

435     See  1893,  47,  418;   1894,  60,  328,  367;  1895,  340.     P.  S.  115. 
Res.  ch.  84  repealed,  1894,  279,  301.     P.  S.  30. 

Statutes  of  1893. 

39  Repealed,  1893,  417.  P.  S.  10. 
41  Repealed,  1895,  434.  P.  S.  98. 
47     See  1893,  321,  418  ;  1894,  60,  328,  367.     P.  S.  115. 


906  ClIAT^GES   IN 

Statutes  of  1893  —  Continued. 
Chap. 

49  See  1893,  105.     P.  S   92. 

54  Superseded,  1894,  522  §  51.     P.  S.  119. 

60  Kepealed,  1893,  423.     P.  S.  27. 

65  See  1893,  380;   1895,  227.     P.  S.  50. 

70  See  1894,  393.     P.  S.  4. 

87  Repealed,  1893,  417.     P.  S.  7,  27. 

108  Repealed,  1894,  393.     P.  S.  4. 

111  Repealed,  1894,  481.     P.  S.  104. 

112  Affected,  1895,  402.     P.  S.  15. 

117  Superseded,  1894,  522  §  61.     P.  S.  119. 

146  Repealed,  1893,  417.     P.  S.  7. 

153  See  1895,  393,  480.     P.  S    159. 

156  Affected,  1895,  113.     P.  S    22. 

170  See  1893,  293,  297,  464.     P.  S.  104. 

174  Repealed,  1894,  317.     P.  S.  116. 

177  Repealed,  1893,  417.     P.  S.  7. 

189  Repealed,  1894,  205.      (See  1893,  398;  1894,  102.)     P.  S.  92. 

193  Superseded,  1893,  367  §  13.     P.  S.  14. 

194  Superseded,  1893,  280.     P.  S.  140. 

199  Repealed,  1894,  481.     (See  1894,  337,  382.)     P.  S.  104. 

200  §  4  superseded,  1894,  58.     P.  S.  44. 

201  Extended,  1895,  88.  P.  S.  91. 
209  Repealed,  1893,  417.  P.  S.  6. 
217  See  1893,  252.     P.  S.  84. 

224  Affected,  1894,  522.     P.  S.  119. 

225  See  1893,  300  §  6,  331.     P.  S.  27,  28. 

226  §  2  amended,  1894,  542  §  2.     P.  S.  115. 

227  Affected,  1893,  472.     P.  S.  80. 

230  Repealed,  1894,  317.     P.  S.  116. 

231  Superseded,  1893,  367  §  13.     P.  S.  14. 
237  Affected,  1893,  279.     P.  S.  30. 

246  Repealed,   1894,  508.     P.  S.  74,  80. 

247  §  1  amended,  1893,  445.     P.  S.  11. 
254  Repealed,  1894,  317.     P.  S.  116. 
270  See  1894,  183;   1895,  143.     P.  S.  23. 
274  See  1894,  452.     P.  S.  109. 

283  Affected,  1893,  424;  1895,  103.     Amended,  1894,  505.     P.  S.   112. 

293  See  1893,  297,  464;   1894,  414.     P.  S.  104. 

297  See  1893,  464.     P.  S.  104. 

300  §  6  repealed,  1893,  416.  P.  S.  27,  28. 

303  Repealed,  1895,  311.  P.  S.  105. 

304  Repealed,  1893,  417.  P.  S.  27. 

306  Repealed,  1894,  491.   (See  1895,  496.)  P.  S.  58,  90. 

307  Repealed,  1893,  417.  P.  S.  7. 

308  Repealed,  1893,  417.  P.  S.  7. 

315  Rei)ealed,  1894,  472.   (See  1894,  462,  502.)  P.  S.  112,  113. 

321  See  1894,  60,  328,  367.  P.  S.  115. 


THE  Statutes.  907 

Statutes  of  1893  —  Continued. 

Chap. 

327  Superseded,  1894,  136.     P.  S.  159. 

3U  Affected,  1.S95,  459.     P.  S.  158. 

349  Repealed,  1893,  417.     (See  1893,  351.)     P.  S.  7. 

350  Superseded,  1894,  508  §  7.     P.  S.  74. 

351  Repealed,  1893,  417.     P.  S.  7. 
353  Repealed,  1895,  389.     P.  S.  80. 

359  Affected,  1894,  499.     (See  1895,  362  §  7.)     P.  S.  74. 

367  §   1  amended,  1893,  439.     §§   13,  33,  94,  95,  124,  125,  128  affected, 

1895,  465.     P.  S.  14. 

371  Affected,  1895,  125.     P.  S.  154. 

376  Repealed,   1893,  417.     P.  S.  7,  160. 

379  See  1893,  469.     P.  S.  158. 

380  Aft'ected,  1894,  528.     (See  1895,  117,  127,  227.)     P.  S.  50. 

386  Repealed,  1894,  508.     P.  S.  74. 

387  Repealed,  1894,  481.     P.  S.  104. 

396     Affected,  1894,  142,  173,431.     §§  13,  17  amended,  1894,  398;  1895, 
245.     §  33  in  part  repealed,  1895,  234  §  9.     P.  S.  154,  155,  187. 
398     Repealed,  1894,  205.      (See  1894,  431.)     P.  S.  92. 

405  §  2  repealed,  1895,  209.     (See  1894,  261.)      §  4  repealed,  1894,  30. 

P.  S.  157. 

406  Repealed,  1894,  508.     P.  S.  74. 

407  Extended,   1894,  288;  1895,  450.      (See  1893,  475.)     P.  S.  49,  80. 
414     See  1893,  447.     P.  S.  207. 

417  §§  16,  17  amended,  1894,  268.     §  20  affected,  1894,  271   §  4.     §  35 

amended,  1895,  207.  §§  37,  40,  49,  56  amended,  1894,  271.  §§  38, 
39  amended,  1895,  27.     §  41  amended,  1895,  2.     §  48  amended, 

1894,  291.  §  49  repealed,  1895,  61.  §§  54,  226,  229  affected,  1895, 
355.  §§  71-74  affected,  1894,  504;  1895,  489,  502,  503.  §  75 
affected,  1895,  323.  §  78  affected,  181)5,  237.  Amended,  1895,  262. 
§§  80,  87  amended,  1895,  253.  §  81  amended,  1895,  262.  §  82 
amended,  1895,  244.     §  93  amended,  1894,  343.     §  99  repealed, 

1895,  220.  §  101  extended,  1894,  132.  §  116  repealed,  1895,  285. 
§  123  aft'ected,  1895,  506.  §  138  amended,  1895,  196.  §  149 
amended,  1895,  275.  §  150  amended,  1894,  275.  §§  172,  173 
affected,  1895,  240.  §  204  amended,  1894,  200.  §§  207,  210 
amended,  1894,  3h5.  §§  209,  210  repealed,  1895,  299.  (See 
1895,  89.)  §  238  affected,  1894,  248  ;  1895,  242.  §  254  repealed, 
1895,  100.  §  266  amended,  1894,  16;  affected,  1894,  132  §  10. 
§§  293-308,  see  1893,  465.     §  337  amended,  1894,  209.     P.  S.  6,  7. 

418  See  1894,  367.     P.  S.  115. 

419  §  1  amended,  1894,  181.     P.  S.  102. 

423  §  4  affected,  1895,  142.     §  25  amended,  1894,  17.     P.  S.  27. 

431  See  1895,  364.     P.  S.  158. 

434  Superseded,  1894,  522  §  73.     (See  1894,  120,  225.)     P.  S.  119. 

436  Repealed,  1895,  461.     P.  S.  207. 

437  Aff'ected,  1894,  82;  1895,  494.     P.  S.  50. 

443     Repealed,  1895,  462.      (See  1894,  285.)     P.  S.  76. 


908  Changes  in 

Statutes  of  1893  —  Concluded. 
Chap. 

452  §  1  nmonded,  1894,  G8.     P.  S.  159. 

454  AlTecled,  1894,  448,  533  ;   1895,  350,  420.     §  5  amended,  1894,  538. 

§  7  amended,  1894,  432.     §  9  amended,  1894,  182.     P.  S.  27,  28. 

455  Affected,  1894,  370.     P.  S.  221. 

456  Affected,  1894,  370.     P.  S.  221. 

461  Superseded,  1894,  409  §  5.     P.  S.  145. 

472  See  1894,  435.     P.  S.  100. 

476  Affected,  1895,  347.     §§  6,  7,  8,  9,  11  repealed,  1894,  496.     P.  S.  49. 

477  Extended,  1894,  455.     Affected,  1895,  453.     P.  S.  80,  102. 

Statutes  of  1894. 

19  Superseded,  1894,  522  §  15.  P.  S.  119. 

27  See  1894,  117.  P.  S.  203. 

60  See  1894,  328,  367.  P.  S,  115. 

82  See  1895,  297.  P.  S.  50. 

103  Superseded,  1894,  522  §  22.  P.  S.  119. 

120  Superseded,  1894,  522  §  73.  (See  1894,  225.)  P.  S.  119. 

127  Extended,  1895,  373.  P.  S.  17. 

132  §  2  amended,  1895,  89.  P.  S.  7. 

133  Superseded,  1894,  522  §§  29,  80.  P.  S.  119. 
137  Superseded,  1894,  522  §§  20,  56.  P.  S.  119. 

142  See  1894,  173,  398,  431.  P.  S.  154. 

143  §  2  amended,  1895,  57.     P.  S.  20. 
146  See  1895,  243.     P.  S.  29. 

160  See  1894,  270,  406.     P.  S.  169. 

173  See  1894,  398,  431.     P.  S.  154. 

174  Superseded,  1895,  332.     P.  S.  80. 
176  See  1895,  130.     P.  S.  41. 

184  Repealed,  1895,  308.     P.  S.  162. 

188  Renealed,  1894,  498.      (See  1894,  508.)     P.  S.  47. 

195  Affected,  1895,  286,  429.      (See  1894,  251.)     P.  S.  87. 

198  §  6  amended,  1895,  28.     P.  S.  65. 

200  See  1894,  393.     P.  S.  4. 

209  See  1894,  508.     P.  S.  74. 

218  Affected,  1895,  398,  506.     §  1  amended  and  §  2  repealed,  1894,  473. 
§  3  limited,  1895,  506.     P.  S.  27,  80. 

224  Affected,  1894,  332.     P.  S.  31. 

225  Superseded,  1894,  522  §  13.     P.  S.  119. 
227  See  1894,  256.     P.  S.  50. 

229  Affected,  1894,  368.     P.  S.  212. 

248  Repealed,  1895,  242.     P.  S.  7,  15. 

250  Affected,  1895,  112.     P.  S.  22. 

251  Affected,  1895,390.     P.  S.  87. 
253  Affected,  1895,  460.     P.  S.  120. 
256  Affected,  1895,  297,  494.     P.  S.  50. 
261  Repealed,  1895,  209.     P.  S.  157. 


THE  Statutes.  909 

Statutes  of  1894  —  Continued. 
Cbap. 

270  Superseded,  1894,  406.     P.  S.  169. 

271  §  3  amended  and  §  4  repealed,  1895,  61  §  5.     P.  S.  6. 
283  Amended,  1894,  547.     P.  S.  152. 

285  Repealed,  1895,  462.     P.  S.  76. 

288  Affected,  1895,  450.     P.  S.  80. 

300  Superseded,  1894,  522  §  39.     P.  S.  119. 

301  Extended,  1895,  361.     P.  S.  30. 
307  Affected,  1895,  294.     P.  S.  50,  80. 

314  See  1895,  10.     P.  S.  16. 

315  Superseded,  1895,  202.     P.  S.  11. 

317  §  2  affected,  1895,  QQ.     §  21,  el.  1,  extended,  1895,  164.    P.  S.  116. 

326  See  1894,  506.     P.  S.  112. 

328  See  1894,  367.     P.  S.  115. 

333  Limited,  1894,  427.      (See  1895,  415.)     P.  S.  77. 

337  Repealed,  1894,  481.     P.  S.  104. 

341  Repealed,  1894,  481.     P.  S.  104. 

353  Repealed,  1895,  434.     P.  S.  102. 

367  Affected,  1895,   104,  281.      (See  1894,  522  §  3.)     §    10,  see   1894, 

381.     P.  S.  119. 

377  Affected,  1894,  527  §  2.     P.  S.  158. 

381  Affected,  1894,  522  §  77;  1895,  311.     P.  S.  105,  119. 

382  Limited,  1895,  368.     P.  S.  104. 
385  §  2  repealed,  1895,  299.     P.  S.  7. 
389  See  1894,422.     P.  S.  52. 

393  §   1  affected,  1895,  238.     §  7  in  part  repealed,  1895,  463  §  2.     (See 

1895,  96.)     P.  S.  4. 

398  See  1894,  431.     P.  S.  154. 

401  See  1894,  409.     P.  S.  145. 

410  Affected,  1895,  419.     P.  S.  99. 

416  Affected,  1895,  497.     P.  S.  102,  192. 

428  §  1  amended,  1895,  379.     P.  S.  100. 

432  Affected,  1894,  448.     P.  S.  28. 

433  Affected,  1895,  162.     P.  S.-207. 

436  Extended,  1895,  94,  212.     P.  S.  44. 

437  Superseded,  1894,  508.     P.  S.  74. 
440  §  1  amended,  1895,  252.     P.  S.  221. 
442  Affected,  1894,  522  §  70.     P.  S.  119. 
444  Affected,  1895,  452,  499.     P.  S.  35. 
448  See  1894,  533.     P.  S.  28. 

450  Affected,  1894,  472,  501.     (See  1894,  476.)     P.  S.  105,  106. 

452  Affected,  1894,  472.     (See  1894,  462,  502.)     P.  S.  105,  106. 

455  Limited,  1895,  453.     P.  S.  80,  102. 

457  Affected,  1895,  258.     P.  S.  41. 

458  §  10  amended,  1895,  412.     P.  S.  80. 

462  Affected,  1894,  472,  543.      (See  1894,  502.)     P.  S.  112,  113. 

472  Affected,  1894,  501,  543.     P.  S.  105,  112. 

473  Affected,  1895,  398,  506.     P.  S.  27,  80. 


910  Changes  in  the  Statutes. 

Statutes  of  1894:  —  Concluded. 

Chap. 

481     See  1894,  499.     T.  S.  74. 

491  §§  1,  2  affected,  1895,  475.  §§  4,  G,  17-22,  27,  45  amended  and 
§§  46,  49  repealed,  1895,  49G.     P.  S.  58,  90. 

496  Affected,  1895,  347.     P.  S.  49. 

497  Affected,  1895,  486.     P.  S.  49^ 

498  See  1894,  508  §§  13,  14;   1895,  216.     P.  S.  48. 

499  See  1895,  36  §  7.     P.  S.  112. 

504     Superseded,  1895,  489,  502,  507.     P.  S.  6. 

508     §  1  amended,  1895,  129.     §§  51-54  affected,  1895,  438.     P.  S.  74. 

511     Extended,  1895,  400.     P.  S.  80. 

522  §  5  amended,  1895,  81.  §  21  amended,  1895,  271.  §§  20,  60,  93 
amended,  1895,  59.  §  25  affected,  1 895,  46.  §§  29,  31 ,  80  amended, 
1895,  474.  §  42  repealed,  1895,  190.  §§  68-73,  see  1895,  366. 
§  93  limited,  1895,  159.     P.  S.  119. 

528     See  1895,  117.     P.  S.  50. 

534     Extended,  1895,  144.     P.  S.  74. 

545     See  1895,  103       P.  S.  112. 

548     §  34  amended,  1895,  440.     P.  S.  113. 

Statutes  of  1895. 

59  §  2  limited,  1895,  159.     P.  S.  119. 

89  Repealed,  1895,  299.     P.  S.  7. 

94  See  1895,  212.     P.  S.  44. 

97  See  1895,  239,  314.     P.  S.  104. 

Ill  See  1895,  143.     P.  S.  22. 

117  Affected,  1895,  227.     P.  S.  50. 

127  See  1895,  227.     P.  S.  50. 

143  See  1895,  482.     P.  S.  22. 

228  See  1895,  350.     P.  S.  61,  109. 

252  Affected,  1895,  504.     P.  S.  221. 

281  See  1895,  340.     P.  S.  115. 

286  Affected,  1895,  429.     P.  S.  87. 

297  See  1895,  494.     P.  S.  50. 

307  See  1895,  430.     P.  S.  11,  136. 

330  See  1895,  350.     P.  S.  109. 

347  See  1895,  486.     P.  S.  49. 

350  See  1895,  420.     P.  S.  109. 

393  Superseded,  1895,  480.     P.  S.  159. 

398  Affected  1895,  508.     P.  S.  27,  80. 

452  See  1895,  499.     P.  S.  216. 

476  See  1895,496.     P.  S.  58. 

489  Affected,  1895,  502,  507.     P.  S.  6,  7. 

502  See  1895,  507.     P.  S.  7. 


Commoultii^ultlj  of  gtussiitl^usttts. 


Office  of  the  Secketaky,  Boston',  Julj'  24,  1895. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume 
are  true  copies  of  the  originals,  and  that  the  accompanying  papers 
are  transcripts  of  oiEcial  records  and  returns. 

I  further  certify  that  the  tables  showing  what  general  statutes 
have  been  affected  by  subsequent  legislation  have  been  prepared, 
and  are  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  governor,  in  accordance  wilh  the  provisions  of 
Chapter  238  of  the  Acts  of  1882. 

WILLIAM   M.   OLIN, 

Secretary  of  the  Commonweallh. 


IN"DEX. 


INDEX. 


asaiust 


A. 


Abatement  of  taxes,  allowance  of  interest  on     . 
Abbott,  George  C,  justice  of  the  peace,  acts  confirmed 
Abolition  of  grade  crossings,  relative  to     . 

to  promote,  in  the  city  of  Newton     . 

relative  to,  in  the  city  of  Northampton     . 

relative  to,  in  the  town  of  Westfield 
Academy,  Bradford,  Trustees  of,  number  increased  . 
Accident  insurance,  maximum  age  in  cases  of    . 
Accidents,  from  electric  wires,  to  provide  greater  security 
Accounts,  in  probate  courts 

of  trustees  and  guardians  ..... 
Acknowledgment,  etc.,  of  written  instruments  . 
Actions,  against  assignees  in  insolvency,  limitation  of 

for  libel,  relative  to  retractions  in     . 
Acts  and  resolves,  early,  copies  to  be  furnished  to  certain  public  officials 

certain  copies  delivered  to  public  officers  to  be  labelled  . 
Actuary,  insurance  commissioner  authorized  to  employ     .... 
Adams,  town  of,  Iloosac  Electric  Power  Company  may  construct  and  operate 
lines  for  transmission  of  heat  and  power  in 

may  issue  bonds,  etc.,  for  water  purposes 
Adams  Fire  District,  may  increase  its  water  supply  . 
Address,  historical,  delivered  by  A.  S.  Roe  in  house  of  representatives,  publi- 
cation of,  etc 643,  G7 

inaugural,  of  governor       ..... 
Administrators,  mortgages  of  real  estate  by 

accounts  rendered  by,  to  probate  courts  • 
Advances  from  the  treasury,  to  be  made  to  sergeant-at-arms  for  expenses  in 
his  office      ........... 

may  be  made  to  employees  on  account  of  monthly  salaries 
Advertising  signs,  etc.,  on  public  ways  in  Boston,  relative  to  . 

Affidavits,  to  nomination  papers,  relative  to 

Agawam,  town  of,  to  protect,  against  encroachments  of  Connecticut  river 
Age,  insurable,  maximum  of,  in  cases  of  accident  insurance 
Agent  for  aiding  discharged  prisoners,  duties  of        .         .         .         .         . 
Agents,  of  domestic  insurance  companies,  registration  of         .         .         . 

legislative,  law  relative  to,  amended         .        .        . 


PAGE 

74 
694 
103 
201 
230 
278 
105 
267 
226 
217 
294 
518 
479 
489 
651 
652 

76 

338 
557 
556 

0,  673 
711 
130 
217 

15 
32 
396 
214 
665 
267 
426 
42 
454 


916 


Index. 


Agricultural  college,  the  Massachusetts,  powers  and  duties  of  director  of  the 

Hatch  experiment  station  of 

repairs  and  improvements  at 

Agricultural  experiment  station,  law  authorizing  consolidation  of  with  Massa- 
chusetts agricultural  college,  amended 
Agriculture,  board  of,  may  pay   to  certain   poultry  associations  portion  of 

bounty  allowed  for  agricultural  societies 

special  report  of,  on  gypsy  moth,  to  provide  for  printing 
dairy  bureau  of ,  annual  appropriation  for,  increased 
Aid,  public,  relative  to  persons  receiving    .         .        .        . 

state,  certain  army  nurses  made  eligible  to  receive  .... 

Aldrich,  Peleg  Emory,  in  favor  of  widow  of 

Alewife  fishing,  shad  and,  in  Merrimac  river,  removing  i-estrictions  upon 
Almshouse,  state,  repairs  and  improvements  at  . 

Amendments  to  the  constitution,  proposed,  providing  for  biennial  elections 
American  Legion  of  Honor,  Supreme  Council  of,  may  hold  meetings  outside 

tlie  Commonwealth 

American  Unitarian  Association,  may  hold  additional  estate 

Andover,  town  of,  may  construct  system  of  sewerage 

Animals,  domestic,  law  relative  to  inspection  of,  amended 

Animals  and  provisions,  compensation  of  inspectors  of    . 

Applications  for  membership  in  fraternal  beneficiary  corporations,  relative  to 

misrepresentations  in 

Appropriations  : 

3Iaintenance  of  Government^  — 
executive,  secretary's,  treasurer's,  auditor's,  attorney-general's,  agricult- 
ural, educational  and  military  departments;   boards  and  commis- 
sions, etc 

judicial  department 

compensation  and  mileage  of  members  of  legislature,  etc. 

certain  allowances  authorized  by  legislature 

incidental  and  contingent  expenses  of  executive  and  legislative  depart- 
ments ............. 

incidental  and  contingent  expenses  of  various  state  commissions  . 
deficiencies  in  appropriations  for  the  year  1894         ..... 

compensation  and  mileage  of  the  vohniteer  militia,  etc.  .... 

compensation  and  expenses  of  commissioners  on  inland  fisheries  and 

game 

certain  expenses  authorized  in  the  year  1895,  etc.     .         180,  295,  458,  535, 
emplo3-ment  of  prisoners  in  prisons  of  Commonwealth    .... 

payment  of  state  and  military  aid 

sundry  agricultural  expenses     ......... 

sundry  charitable  expenses        ......... 

certain  educational  expenses      ......... 

printing  and  binding  public  documents,  etc.     ...... 

state  house  loan  sinking  fund,  TJul,  and  state  house  construction  loan 
sinliing  fund 


472 
656 

55 

395 
f.49 
219 
492 
410 
668 
83 
661 
700 

444 
188 
428 
605 
543 

287 


43 
5 
3 

12 

34 
17 
62 
39 

55 
639 
72 
20 
21 
60 
37 
10 

26 


Index. 


917 


Appropriations —  Concluded. 

Massachusetts  nautical  training  school SI 

investigation  of  methods  of  protecting  purity  of  inland  waters       .        .  50 

Commonwealth's  flats  improvement  fund 443 

salaries  and  expenses  of  district  police 13 

salaries  and  expenses  at  state  farm 72 

salaries  and  expenses  at  state  almshouse 27 

salaries  and  expenses  at  state  industrial  school  for  girls          ...  24 

salaries  and  expenses  at  state  primary  school 40 

salaries  and  expenses  at  state  prison 15 

salaries  and  expenses  at  Lyman  school  for  boys 75 

salaries  and  expenses  at  Massachusetts  reformatory        ....  24 

salaries  and  expenses  at  reformatory  prison  for  women  ....  14 

sahirics  and  expenses  of  general  superintendent  of  prisons      ...  37 

salaries  and  expenses  in  office  of  state  fire  marshal 617 

salaries  of  employees,  etc.,  in  office  of  sergeant-at-arms  ....  414 

for  completing  preparation  and  publication  of  province  laws  .        .         .  30 

current  expenses  at  Massachusetts  liospital  for  dipsomaniacs  .  .  31 
abolition  of  grade  crossings  loan  sinliing  fund  .  .  .  .  .23 
Medfleld  asylum  loan  sinking  fund  and  metropolitan  parks  loan  sinking 

fund 23 

state  highway  loan  sinking  fund        ........  26 

care  of  province  lands  in  Provincetown 41 

expenses  of  prisons,  and  other  reformatory  expenses  ....  22 
expenses  in  connection  with  the  extermination  of  contagious  diseases 

among  cattle,  etc 42 

expenses  of  taking  decennial  census          .......  4:? 

expenses  of  metropolitan  park  commission       ......  59 

expenses  in  connection  with  granting  licenses  to  druggists  and  apothe- 
caries to  sell  intoxicating  liquors        .......  75 

expenses  of  state  highway  commission 96 

expenses  of  exterminating  gypsy  moth 441 

Arboretum,  Arnold,  extension  of 41 

Archives,  Massachusetts,  providing  for  indexes  to CIS 

Armory,  in  Springfield,  relative  to 695 

Army  nurses,  certain,  made  eligible  to  receive  state  aid 410 

Arnold  Arboretum,  extension  of  .         .........  41 

Assessment  of  taxes,  relative  to,  in  cities  in  which  ward  lines  have  been 

changed        ............  222 

Assessment  corporations,  etc.,  closing  the  afi'airs  of 382 

Asses.sors  of  taxes,  duties  of,  in  relation  to  registration  of  voters     ...  59 
Assignees  of   railroad  corporations,   to    prohibit  obstruction  of  highways 

by 178 

Assignees  in  insolvency,  limitations  of  actions  by,  etc.      .....  479 

Assistant  clerk,  superior  court  for  equity  business,  Suffolk  county,  to  be 

appointed , 254 

superior  court,  civil  session,  Suffolk  county,  to  be  appointed  .       438,  547 


918 


Indkx:. 


Assistant  city  clerk,  women  may  hold  office  of 

Assistant  district  attorney,  salaries  of,  to  be  paid  from  state  treasury 
Assistant  town  clerk,  women  may  hold  office  of         .... 
Associations  : 

American  Unitarian,  may  hold  additional  estate 

Christian  Camp  Meeting,  organization  confirmed     . 

Fairhaven  Improvement,  may  take  portion  of  the  old  cemetery  in  Fair 

haven   

New  England  Cotton  Manufacturers',  may  hold  meetings  outside  the 

Commonwealth 

New  England  Shoe  and  Leather,  provision  affecting 

Oakland  Cemetery,  incorporated 

Shoe  and  Leather  Building,  incorporated  .... 

Union  Relief,  The,  of  Springlield,  may  convey  certain  real  estate  to  the 
Industrial  House  Charities  .         ...... 

Asylum,  for  insane  criminals,  established  at  Bridgewater . 
Attleborough,  town  of,  to  refund  portion  of  its  debt 
Altornej'-geueral,  additional  copies  of  report  of,  to  be  printed 
certain  papers  to  be  forwarded  to,  by  clerks  of  courts     . 
to  advise,  etc.,  departments,  state  boards  and  commissions    . 
Auctioneer's  license,  veteran  soldiers  and  sailors  exempt  from  payment  of  fee 

for 

Avon,   town  of,   Edison  Electric  Illuminating  Company  of  Brockton  may 
extend  its  wires,  etc.,  into . 


PAOB 

132 
474 
132 

188 
215 

260 

172 
175 
118 
175 


436 

129 

98 

417 

418 

516 

380 


B. 

Baldwinville,  repairs  and  improvements  at  hospital  cottages  for  children  in  .  667 

Ball,  James  and  Sarah,  in  favor  of 600 

Ballot,  official,  arrangement  of  names  upon 200 

names  of  persons  nominated  by  a  political  party,  to  be  placed  upon, 

under  certain  conditions 353 

Ballot  boxes,  to  provide  for  replacing  defective 638 

Ballots,  relative  to  counting  while  voting  is  in  progress 246 

filling  vacancies  in  list  of  candidates  on 256 

relative  to  recounting 307 

Bank,  Bay  State,  incorporated 104 

Savings,  People's,  of  Brockton,  incorporated 32 

Banking  hours,  relative  to,  on  Saturdays  which  are  not  holidays       .         .       203,  457 

Banks,  co-operative,  annual  returns  of 177 

fines  which  may  be  charged  by 178 

Baptist  Society,  First,  of  Marblehead,  dissolved 417 

Barbour,  Lavinia  K.,  in  favor  of 646 

Barnstable,  town  of,  relative  to  construction  of  new  normal  school  building  in  388 

Barnstable  county,  to  be  exempt  from  establishing  a  truant  school .        .         ,  220 

Old  Colony  Commission  to  mark  historic  spots  in 535 

tax  granted  for 673 


Index.  919 

PAGE 

Bay  State  Savings  Bank,  incorporated 104 

Beneficiary  corporations,  fraternal,  change  of  name  by 103 

applications  for  membership  in 287 

closing  of  the  affairs  of 382 

Bennett,  Frank  S.,  resolutions  on  death  of 707 

in  favor  of  daughter  of 695 

Berkeley  Street  Congregational  Society,  may  make  additions  to  its  building  .  340 

Berkshire,  fourth  district  court  of,  established 179 

Berkshire  Athenaeum,  trustees  of,  may  take  laud  for  a  free  public  library         .  310 

Berkshire  county,  pickerel  less  than  ten  inches  in  length  not  to  be  taken  in     .  203 

tax  granted  for 675 

Berkshire  Loan  and  Trust  Company,  incorporated 173 

Bird,  Minnie,  in  favor  of 650 

Birds  and  animals,  propagation  of,  authorized 54 

Blandford,  town  of,  may  make  regulations,  etc.,  concerning  its  highways       .  83 

Blue  book,  copies  of,  to  be  supplied  to  supreme  judicial  and  superior  courts   .  244 

additional  number  of  copies  of,  to  be  printed 254 

Blue  Hill  avenue,  in  Boston,  relative  to  laying  out  and  construction  of   .         .  377 
Board,  of  agriculture,  may  pay  to  certain  poultry  associations  portion  of  bounty 

allowed  for  agricultural  societies 395 

special  report  of,  on  gypsy  moth,  to  provide  for  printing    .        .        .  649 

dairy  bureau  of,  annual  appropriation  for,  increased    ....  219 

on  improvement  of  Charles  river,  time  for  making  report  extended,  etc.  663,  689 

of  education,  messenger  and  clerical  service  for 127 

to  have  charge  of  appropriation  for  new  normal  school  buildings       .  388 

to  publish  a  course  of  instruction  in  drawing 655 

^to  investigate  subject  of  school  attendance  and  truancy      .        .        .  657 

of  gas  and  electric  light  commissioners,  annual  expenditures  of,  etc.    .  522 

of  harbor  and  land  commissioners,  portion  of  report  to  be  reprinted    .  648 

to  make  report  on  subject  of  shoalings  in  Boston  harbor    .        .        .  668 

of  health,  report  of,  on  subject  of  metropolitan  water  supply,  additional 

copies  to  be  printed,  etc 643,  644 

to  investigate  sanitary  condition  of  Neponset  meadows       .        .         .671 
to  examine  and  report  on  system  of  drainage,  etc.,  for  Salem  and  Pea- 
body     691 

of  inquiry,  to  investigate  subject  of  an  improved  system  of  docks  and 

wharves  for  port  of  Boston,  appointment  of    ....        .  298 

of  lunacy  and  charity,  to  enforce  laws  for  protection  of  infants  .        .  338 
to  report  on  subject  of  supplying  food  and  lodging  to  applicants  in 

small  towns 654 

of  metropolitan  sewerage  commissioners,  may  construct  a  sj'stem  of 

sewage  disposal  for  Neponset  river  valley 445 

extra  copies  of  report  to  be  printed 644 

of  police,  city  of  Fall  Eiver,  members  of,  ineligible  to  certain  other 

offices,  etc 171,  386 

license  commission  of  city  of  Lowell  to  be  designated  as    .        .        .  186 

of  railroad  commissioners,  providing  an  assistant  clerk  for    .        .        .  340 


920  Index. 


PAGE 


Board,  of  railroad  commissioners  —  Concluded. 

to  require  street  railway  companies  to  heat  their  cars  when  in  use      .  128 
may  authorize  street  railway  companies  to  increase  capita}  stock,  etc., 

for  the  purpose  of  establishing  pleasure  resorts        ....  341 
duties  of,  relative  to  equipping  certain  locomotives  and  cars  with 

safety  appliances 412 

to  require  street  railway  companies  to  equip  their  cars  with  fenders, 

etc.,  in  certain  cases 424 

of  registration  in  medicine,  extra  copies  of  report  to  be  printed     .         .  657 

law  relative  to  appointment  of,  amended 455 

of  registration  in  pharmacy,  codification  of  laws  relating  to   .         .         .  657 
of  commissioners  of  savings  banks,  may  employ  expert  and  clerical 

assistants 63 

of  world's  fair  managers,  extra  copies  of  report  to  be  printed        .        .  649 

to  consider  subject  of  unemployed,  given  further  time  to  make  report  .  658 

Boards  of  health.  In  cities,  relative  to  appointment  of 376 

in  towns,  relative  to  term  of  office  of,  etc 441,625 

Boiler  inspectors,  to  enforce  law  regulating  steam  engineering        .        .        .  534 

Boilers,  steam,  inspection  of 462 

Bonds,  issued  by  certain  cities,  cancellation  of 248 

replevin,  approval  of  sureties  on 434 

Boott  Cotton  Mills,  may  do  business  outside  the  Commonwealth      ...  27 

Boston,  city  of,  land  may  be  taken  in,  for  extension  of  Arnold  Arboretum      .  41 

erection  and  alteration  of  buildings  in 98,  287 

may  sell  a  parcel  of  land  in  Quincy 102 

clerical  assistance  for  municipal  court  of 118 

may  abate  portion  of  betterments  on  account  of  laying  out  Jamaica 

park,  etc 185 

relative  to  income  of  water  supplies  of 214 

house  of  industry  in,  sentences  and  commitments  to      ...         .  224 

tenement  houses  in,  to  be  provided  with  open  spaces       ....  245 

time  for  filing  certificates  of  nomination,  etc.,  in 248 

may  pay  a  sum  of  money  to  Sarah  G.  Willard 253 

may  pay  a  sum  of  money  to  Catherine  J.  Short 254 

completion  of  Brighton  avenue  in 270 

improved  system  of  docks  and  wharves  for  port  of,  investigation  of  the 

subject  of .         .  298 

relative  to  assessments  for  construction  of  highways,  etc.,  In        .         .  305 

means  of  egress  from  certain  buildings  in 340 

laying  out  and  construction  of  certain  highways  in        ...         .  377 

regulating  advertising  signs,  etc.,  on  public  ways  in        ...         .  396 

to  abate  smoke  nuisance  in 435 

BrookUne  Gas  Light  Company  may  lay  its  pipes  across  Fort  Point  chan- 
nel in   445 

to  provide  for  schoolhouses  in 452 

to  prevent  fraudulent  impersonation  of  voters  in     .....  474 

new  ferry  landing  may  be  established  in 482 


Index. 


921 


Boston,  city  of —  Concluded. 

construction  of  subways  in 

charter  revised 

appointment  of  officers  of  municipal  court  of 

relative  to  roads,  sidewallis  and  sewers  in 

certain  streets  in,  may  be  widened,  etc 

certain    powers   and   duties   conferred   upon    election    commissioners 

of 

Boston  Fatherless  and  "Widows'  Society,  may  hold  additional  property    . 
Boston  harbor,  harbor  and  land  commissioners  to  investigate  and  report  on 

subject  of  shoalings  in 

Boston  and  Albany  railroad,  location  across  lake  Cochituate  may  be  changed  . 

provisions  aflecting 201, 

Boston  and  Lowell  Railroad  Corporation,  may  take  lease  of   Peterborough 

railroad 

Boston  and  Slaine  railroad,  Peterborough  railroad  may  be  transferred  to 

to  discontinue  running  certain  trains  in  city  of  Lowell    . 
Boston  and  Suburban  Express  Company,  incorporated      .... 
Boundary  line,  between  Massachusetts  and  New  Hampshire,  to  provide  for 

binding  report  on 

establishing  and  marking . 

between  Melrose  and  Stoneham,  located  and  defined 

between  Waltham  and  Lexington,  located  and  defined     . 

Bounties,  payment  of,  to  poultry  associations 

Boys,  Lyman  school  for,  providing  a  new  stock  barn  for .... 
Bradford,  town  of,  authorized  to  make  certain  changes  in  Ilaverhill  bridge 

additional  water  supply  for 

Bradford  Academy,  trustees  of,  number  increased      ..... 
Bridge,  Greenfield  and  Turner's  Falls  Street  Railway  Company  may  construct, 
across  Connecticut  river 

Haverhill,  across  Merrimac  river,  authorizing  certain  changes  in 

Rocks,  over  Merrimac  river,  easterly  abutment  of,  to  be  rebuilt 
Bridges,  over  Charles  river,  governor  to  memorialize  congress  to  permit  con- 
struction of 

Bridgewater,  asylum  for  insane  criminals  established  in    . 

state  normal  school  at,  repairs  and  improvements  at 

repairs  and  improvements  at  state  farm  in        .        .        . 

Brighton  avenue,  in  Boston,  completion  of         ...        . 

Brimfield,  town  of,  relative  to  taking  fish  in  Sherman  pond  in  . 

Bristol  county,  commissioners  of,  may  borrow  money  for  expense 

on  court  house  in  Taunton 

Old  Colony  commission  to  mark  historic  spots  in    . 

tax  granted  for 

Broadway  Methodist  Episcopal  Church,  the,  name  established. 
Brockton,  city  of,  People's  Savings  Bank  of,  incorporated 

may  incur  debt  beyond  legal  limit,  for  sewerage  purposes 

exempt  from  law  relative  to  tax  limit  of  municipal  debt,  until  1899 


of  repairs 


486 
495 
517 
595 
616 

620 

166 

668 

16 

278 

25 

25 

133 

353 

654 
688 
184 
227 
395 
654 
228 
420 
105 

404 
228 
383 

691 
436 
C54 
660 
270 
455 

532 
535 
676 
134 
32 
33 
182 


922 


IlSTDEX. 


PAOB 

Brockton,  city  of —  Concluded. 

Edisou  Electric  Illuminating  Company  of,  may  extend  Its  wires,  etc., 

into  certain  towns 380 

police  court  of,  salary  of  clerk  established 618 

in  favor  of  certain  veterans  of 699 

Brokers,  insurance,  law  relative  to  licensing  of,  amended .....  50 

Brooklicld,  town  of,  additional  water  loan  for 5 

Brookline,  town  of,  supervision  of  wires  over  streets  and  buildings  in     .         .  174 

Brookline  Gas  Light  Company,  may  lay  its  pipes  across  Fort  Point  channel    ,  445 

Building  Association,  Shoe  and  Leather,  incorporated 175 

Buildings,  public,  schoolhouses  and,  display  of  fla^s,  etc.,  upon       .        .         .  107 

in  city  of  Boston,  erection  and  alteration  of     .         .         .         .         .         98,  287 

means  of  egress  from 340 

Bulflnch  state  house,  to  provide  for  preservation  of 652 

Bulletin,  bureau  of  statistics  of  labor  to  publish  antl  distribute         .        .         .  298 

of  committee  hearings,  publication  of 643 

Bureau  of  statistics  of  labor,  to  publish  and  distribute  a  bulletin     .         .         .  298 

payment  of  additional  rent  for,  for  storage  purposes       ....  646 

Burges,  W.  II.,  resolutions  on  death  of 709 

Burglary  Insurance  Company,  New  England,  time  for  organization  of,  ex- 
tended   109 

Burr,  Lemuel,  in  favor  of 645 

Bushel  of  onions,  standard  weight  of,  established 29 


c. 


Cambridge,  city  of,  Immanucl  Baptist  Church  of,  name  established 

may  establi:>h  fire  limits,  etc.     ........ 

authorized  to  establish  hospitals  for  dangerous  diseases 
parks  and  commons  in,  placed  under  control  of  park  commissioners 
city  of  Somerville  authorized  to  build  sewer  through  certain  portion  o 
confirming  proceedings  of,  in  taking  and  holding  certain  lands,  etc. 
to  provide  for  completion  of  registry  of  deeds  building  in 

Oamp  Meeting  Association,  the  Christian,  organization  contirmed    . 

Canal  Company,  Massachusetts  Ship,  incorporated 

Cancellation  of  certain  bonds  issued  by  cities,  relative  to  .        .         . 

Candidates,  at  elections,  filling  vacancies  in 

upon  official  Ijallot,  arrangement  of  names  of  . 

nominated  by  a  political  party  casting  a  certain  number  of  votes  for  five 
successive  years,  to  be  placed  upon  oflicial  ballot 

Carriers,  licensed,  to  protect  business  of 

Cattle,  etc.,  law  relative  to  inspection  of,  amended 

Cattle  commissioners,  extra  copies  of  report  of,  to  be  printed . 

Caucus  Act  of  181)5 

Caucus  Act  of  1894,  repealed 

Caucus  oflicers,  terra  deflnad 


62 
71 
99 
243 
344 
396 
453 
215 
522 
248 
256 
200 

353 
547 
605 
649 
582 
620 
682 


Index. 


923 


PAGE 

Caucuses,  relative  to  political  committees  and    .         .        .         .        .        .        .  582 

holding  of,  in  certain  cities  and  towns 626 

Cemetery  Association,  Oakland,  incorporated 118 

Census,  decennial,  printing  and  distribution  of  report  of .         ,         .         .         .  659 

Central  district  court  of  Worcester,  extra  clerical  assistance  for      .         .         .  262 

Certificates,  of  nomination,  etc.,  time  for  filing,  iu  city  of  Boston    .         .         .  248 

of  lunacy,  establishing  form  of 292 

ph3-siciaus',  for  commitment  of  insane,  relative  to 477 

Challenge,  of  jurors  iu  criminal  cases,  to  equalize  right  of        ....  109 

Change  of  names  of  persons 755 

Changes  in  the  Public  Statutes 789 

Chapman,  Henry,  in  favor  of C64 

Charitable  Eye  and  Ear  Infirmary,  Massachusetts,  in  favor  of .         .        .         .  650 

Charles  river,  settlement  of  certain  controversies  concerning  flats  in        .         .  657 

report  of  joint  board  on  improvement  of,  providing  for  printing,  etc.       6G3,  689 

governor  to  memorialize  congress  to  permit  construction  of  bridges  over  691 
Charles  River  Baptist  Church,  name  changed  to  Immanuel  Baptist  Church  of 

Cambridge  ............  62 

Charlestown  street,  in  Boston,  may  be  widened,  etc.          .....  616 

Charlestown  navy  yard,  resolution  relative  to  dry  dock  at         ...         .  704 

Chattanooga,  relative  to  dedication  of  a  national  military  park  on  battlefield  of  693 

Chelsea,  city  of,  fixing  financial  year  in 182 

may  borrow  money  for  park  purposes 354 

Chesterfield,  town  of.  Western  Hampshire  Street  Railway  Company  may  con- 
struct and  operate  its  road  in 372 

Chickamauga,  relative  to  dedication  of  a  national  military  park  on  battlefield  of  693 
Children,  attending  academy  in  town  which  does  not  maintain  a  high  school, 

tuition  of  may  be  paid  by  town 97 

attending  school  in  another  town,  payment  of  tuition  to  be  reimbursed 

in  certain  cases 218 

in  care  of  state,  relative  to 476 

relative  to  legitimacy  of 476 

Christian  Camp  Meeting  Association,  the,  organization  confirmed    .         .         .  215 
Church : 

Broadway  Methodist  Episcopal,  name  established 134 

Charles  River  Baptist,  name  changed 62 

First  Congregational,  iu  Norwood,  property  of  First  Congregational 

Parish  may  be  conveyed  to 70 

Immanuel  Baptist,  of  Cambridge,  name  established          ....  62 

Wyoma  Methodist  Episcopal,  name  changed 134 

Churches,  standing  committees  of,  number  of  members  of,  increased        .         .  103 

Circulars,  etc.,  distribution  of,  in  vicinity  of  polling  places,  prohibited   .         .  276 
Cities  : 

Boston,  land  may  be  taken  in,  for  extension  of  Arnold  Arboretum         .  41 

erection  and  alteration  of  buildings  in 98,  287 

may  sell  a  parcel  of  land  in  Quincy 102 

clerical  assistance  for  municipal  court  of 118 


924 


Index. 


Pohi 


Cities —  Contimted.' 

Boston,  may  abate  portion  of  betterments  on  account  of  laying  out 

Jamaica  parl^,  etc 

relative  to  income  of  water  supplies  of         .... 
house  of  industry  in,  sentences  and  commitments  to  . 
tenement  houses  in,  to  be  provided  with  open  spaces   . 
time  for  filing  ceilificates  of  nomination,  etc.,  in 
may  pay  a  sum  of  money  to  Sarah  G.  Willard 
may  pay  a  sum  of  money  to  Catherine  J.  Short    . 

completion  of  Brighton  avenue  in 

improved  system  of  docks  and  wharves,  etc.,  for  port  of,  invest! 

tion  of  subject  of 

relative  to  assessments  for  construction  of  highways,  etc.,  in 
means  of  egress  from  certain  buildings  in    . 
laying  out  and  construction  of  certain  highways  in 
regulating  advertising  signs,  etc.,  on  public  waj-s  in     . 

to  abate  smoke  nuisance  in 

Brookline  Gas  Light  Company  may  lay  its  pipes  across  Fort 

channel  in 

to  provide  for  certain  schoolhouses  in 

to  prevent  fraudulent  impersonation  of  voters  in 

new  ferry  landing  may  he  established  in        ...        . 

construction  of  subways  in 

charter  revised        ......... 

appointment  of  officers  of  municipal  court  of      .         .         . 

relative  to  roads,  sidewalks  and  sewers  in     . 

certain  streets  in,  may  be  widened,  etc.  .... 

certain  powers  and  duties  conferred  upon  election  commission 
Brockton,  People's  Savings  Bank  of,  incorporated  . 

may  incur  debt  beyond  legal  limit,  for  sewerage  purposes  . 
exempt  from  law  relative  to  tax  limit  of  municipal  debt,  until  : 
Edison  Electric  Illuminating  Company  of,  may  extend  its  wires 
police  court  of,  salary  of  clerk  established    . 

in  favor  of  certain  veterans  of 

Cambridge,  Immanuel  Baptist  Church  of,  name  established 

may  establish  flre  limits,  etc 

may  establish  hospitals  for  dangerous  diseases 

parks  and  commons  in,  placed  under  control  of  park  commissioners 

city  of  Somerville  authorized  to  build  a  sewer  through  a  certain  poi 

tion  of 

confirming  proceedings  of,  in  taking  and  holding  certain  lands,  etc. 
to  provide  for  completion  of  registry  of  deeds  building  in 

Chelsea,  fixing  financial  year  in 

may  borrow  money  for  park  purposes  .... 
Fall  River,  may  issue  bonds  to  redeem  certain  water  loans 
may  borrow  money  to  erect  a  public  library  building   . 
members  of  board  of  police  of,  ineligible  to  certain  other  offlcea 


809 
etc 


Index.  925 

PAGE 

Cities —  Continued. 

Fall  River,  powers  of  board  of  police  of,  extended         ....  386 

protection  of  water  supply  of 644 

Fitchburg,  may  borrow  money  beyond  debt  limit,  for  school  purposes  .  82 

relative  to  construction  of  new  normal  school  building  in  .         .         .  388 

in  favor  of 6G2 

Gloucester,  water  supply  for 608 

Haverhill,  authorized  to  make  certain  changes  in  Haverhill  bridge  .         .  228 

certain  sitting  of  superior  court  in,  discontinued          ....  2G0 

may  take  land  for  use  of  militia  in        ......        .  269 

Hol3'oke,  may  borrow  money  beyond  debt  limit,  for  school  purposes      .  246 

Lawrence,  charter  revised          .........  355 

Lowell,  Shattuck  Street  Universalist  Society  of,  name  changed  to  Grace 

Universalist  Society 63 

Boston  and  Maine  railroad  to  discontinue  running  certain  trains  in     .  133 

license  commission  of,  to  ])e  designated  board  of  police,  etc.      .         .  186 

additional  water  supply  for 251 

providing  for  a  redivision  of ,  into  wards 263,531 

relative  to  construction  of  new  normal  school  building  in    .        .       388,516 

may  appropriate  a  sum  of  money  to  commemorate  Memorial  day        .  451 

to  provide  additional  accommodations  for  county  courts  sitting  at     .  592 

Lynn,  number  of  members  of  common  council  of,  increased  .        .        .  268 

Maiden,  relative  to  sewage  disposal  of 490 

Marlborough,  may  issue  bonds,  etc.,  to  pay  part  of  its  general  debt       .  389 

Medford,  relative  to  sewers  in 257 

changing  limits  within  which  land  may  be  taken  in,  by  metropolitan 

park  commission 273 

New  Bedford,  certain  proceedings  of,  confirmed      .        .'       .        .        .  617 

Newburyport,  organization  of  city  council  of 269 

may  borrow  money  beyond  debt  limit,  for  school  purposes          .        .  462 

Newton,  limit  of  indebtedness  of,  extended 42 

to  promote  abolition  of  grade  crossings  in 201 

to  divide  ward  five  of,  into  voting  precincts 416 

North  Adams,  incorporated       .........  135 

relativ^e  to  construction  of  new  normal  school  building  in   .         .         .  388 

Northampton,  changing  manner  of  electing  trustees  of  Forbes  Library  in  25 

abolition  of  grade  crossings  in 230 

city  council  of,  to  establish  ordinances,  etc. 293 

may  accept  a  certain  gift 456 

Pittsfleld,  charter  revised 311 

may  refund  portion  of  its  water  debt 381 

Quincy,  city  of  Boston  may  sell  parcel  of  land  in 102 

Quincy  Quarry  Company  may  construct  railroad  in       ...         .  188 

may  construct  a  system  of  sewerage 279 

Salem,  board  of  overseers  of  poor  of,  election,  etc 472 

board  of  health  to  consider  and  report  on  a  system  of  sewage  dis- 
posal for 691 


926 


Index. 


etc 


Cities —  Concluded. 

Somerville,  providing  reserve  police  force  for         ... 
authorized  to  build  sewer  through  a  certain  portion  of  Carabrid 

relative  to  sewers  in 

may  borrow  money  for  sewer  purposes 
Sprinsfleld,  The  Industrial  House  Charities  of,  incorporated 
Tynchon  Safe  Deposit  and  Trust  Company  in,  incorporated 
may  take  land,  etc.,  for  public  school  buildings    . 

relative  to  armory  in 

Taunton,  number  of  wards  in,  etc.,  increased, 
may  construct  system  of  sewerage        .... 

repairs  on  court  house  in 

"Waltham,  may  borrow  money  for  water  purposes   . 

boundary  line  between  Lexington  and,  located  and  defined 
Woburn,  part  of,  annexed  to  town  of  Stoneham 
Worcester,  additional  water  loan  for,  etc. 

repairs  on  state  normal  school  at,  etc 

Cities,  in  which  ward  lines  have  been  changed,  election  of  certain  officers  i 
licensing  and  regulating  of  stables  in       ...        . 
relative  to  issue  and  cancellation  of  bonds  by  certain 

relative  to  boards  of  health  in 

to  provide  for  inspection  of  ice  in 

to  provide  for  treatment  of  contagious  diseases  in  certain  cases 
relative  to  construction,  etc.,  of  sidewalks  in  . 
certain,  may  establish  textile  schools         ... 
Cities  and  towns,  extending  powers  of,  concerning  adoption  of  law 
to  sewers     ......... 

may  pay  interest  on  public  gifts,  in  certain  cases     . 

may  lay  sewers  in  private  streets 

may  regulate  width  of  tires  on  vehicles    .... 
relative  to  holding  caucuses  in  certain      .... 
City  charter,  Boston,  revised 

Lawrence,  revised 

North  Adams,  granted 

Pittsfield,  revised 

City  clerk,  assistant,  women  may  hold  office  of . 
Civil  government,  names  of  persons  connected  Avith 
Civil  service  commissioners,  may  appoint  a  registrar  of  labor  . 
Clarksburg,  town  of,  lloosac  Electric  Power  Company  may  construct  and 
operate  lines  for  transmission  of  heat  and  power  in 
Hoosac  Valley  Street  Railway  Company  may  construct  and 

road  in         

Clerk,  municipal  court  of  Boston,  clerical  assistance  for  . 

central  district  court  of  Worcester,  extra  clerical  assistance 
an  additional,  to  be  employed  in  treasury  department 
assistant,  for  board  of  railroad  commissioners,  appointment 
assistant,  superior  court,  civil  session,  county  of  Suflolk 
police  court  of  Brockton,  salary  established    . 


for 


of 


200 
344 
257 
403 
74 
185 
217 
695 
117 
221 
532 
172 
227 
305 
427, 516 
662,  671 


s  relative 


operate  its 


222 
219 
248 
376 
381 
443 
491 
542 


119 
221 
226 
304 
626 
495 
355 
135 
311 
132 
763 
419 

338 


373 
118 
262 
277 
340 
438, 547 
.   618 


Index.  927 

PAGE 

Clerks,  pro  tempore,  of  police,  district  and  municipal  courts,  compensation  of  250 

of  courts,  forwarding  of  certain  papers  by,  to  attorney-general       .         .  417 

Clinton  street,  in  Boston,  may  be  widened,  etc.          ......  616 

Cochituate  lake,  location  of  Boston  and  Albany  railroad   across,  may  be 

changed 16 

Codfish,  suspended  in  chamber  of  house  of  representatives,  to  provide  for 

painting       ............  CG4 

report  of  committee  to  prepare  history  of,  to  be  printed          .         .         .  666 

Cogswell,  Wm.,  resolutions  on  death  of 708 

Coleman,  Sophia  H,  in  favor  of 665 

Collateral  legacies  and  successions,  law  relating  to  taxes  on,  amended     .        337,  478 
Collateral  Loan  Company,  The,  may  establish  branch  offices;  rate  of  interest 

to  I)e  charged  by          .        .   ' 103 

College,  Massachusetts  agricultural,  repairs  and  improvements  at   .        .        .  656 

Color,  race  or,  to  prevent  discrimination  on  account  of 519 

Columbus  avenue,  in  Boston,  laying  out  and  construction  of    .        .        .        .  377 

Commercial  street,  in  Boston,  may  be  widened,  etc.  ......  616 

Commission,  Massachusetts  highway,  authorized  to  construct  state  highways  389 

metropolitan  district,  time  for  making  report  of,  extended,  etc.      .         .  651 
metropolitan  park,  changing  limits  within  which  land  may  be  taken  by, 

in  Medford 273 

relative  to  taking  of  Revere  beach  by 334 

powers  and  duties  of 504 

metropolitan  sewerage,  extra  copies  of  report  of,  to  be  printed     .        .  664 

may  construct  system  of  sewage  disposal  for  Neponset  river  valley   .  445 

Old  Colony,  established 634 

on  unemployed,  additional  copies  of  report  of,  to  be  printed  .        .        .  647 
Commissioner,  of  corporations,  certain  foreigu  corporations  to  file  copy  of 

charter  in  office  of 167 

to  have  supervision  of  certain  foreign  corporations     ....  339 

of  foreign  mortgage  corporations,  ofllce  of,  abolished     ....  339 

of  insolvency,  office  of,  abolished 102 

insurance,  name  and  residence  of  agents  of  domestic  insurance  compa- 
nies, to  be  filed  with 42 

providing  for  additional  copies  of  Part  II.  of  annual  report  of  .         .  54 

sworn  statement  of  reinsurance  to  be  made  to,  by  insurance  companies  56 
to  issue  certificate  of  authority  to  act  as  insurance  broker  on  payment 

of  fee 57 

authorized  to  employ  an  actuary   ........  76 

fraternal  beneficiary  corporations  may  change  name  with  consent  of.  103 
may  license  veteran  soldiers  and  sailors  to  act  as  insurance  brokers 

without  fee          ...........  171 

guaranty  capital  of  mutual  fire  insurance  companies  may  be  reduced 

with  assent  of,  etc 190 

duties  of,  relative  to  closing  of  affairs  of  certain  fraternal  beneficiary 

corporations,  etc. 382 

license,  notaries  public  and  justices  of  the  peace  eligible  to  office  of     .  424 


928  IxDEX. 

PAGE 

Commissioners,  cattle,  extra  copies  of  report  of,  to  be  printed         .        •        .  649 

civil  service,  may  appoint  a  registrar  of  labor 419 

county  (see  County  commissioners). 

gas  and  electric  light,  annual  expenditures,  etc.,  of '        ....  522 

harbor  and  land,  portion  of  report  of  board  of,  to  be  reprinted      .        .  G48 

to  report  on  subject  of  shoalings  in  Boston  harbor      ....  668 

on  inland  fisheries  and  game,  authorized  to  propagate  birds  and  animals  54 

may  lease  Oyster  pond  in  Dukes  County 182 

of  prisons,  to  make  rules  to  secure  to  certain  unemployed   convicts 

proper  exercise,  etc 134 

to  make  rules  to  secure  medical  supervision  of  prisoners  confined  in 

solitary  cells  in  county  prisons 200 

may  remove  from  one  jail,  etc.,  to  another,  prisoners  committed  by 

United  States  courts 275 

clerical  assistance  for 479 

of  savings  banks,  may  emploj"^  expert  and  clerical  assistants  ...  63 

co-operative  banks  to  make  annual  return  to 177 

railroad,  to  require  street  railwaj^  companies  to  heat  their  cars  when  in 

use 128 

providing  an  assistant  clerk  for 340 

may  authorize  street  railway  companies  to  increase  capital  stock,  etc., 

for  purpose  of  establishing  pleasure  resorts      .....  341 
duties  of,  relative  to  equipping  certain  locomotives  and  cars  with 

safety  appliances 412 

to  require  street  railway  companies  to  equip  their  cars  with  fenders, 

etc.,  in  certain  cases 424 

on  topographical  survej',  extra  copies  of  report  of,  to  be  printed  .         .  649 

relative  to 655 

special  countj%  compensation  of        .......         .  106 

Commitment  of  insane  persons,  regulating          .......  291 

Committee  hearings,  publication  of  bulletin  of 643 

Committees,  political,  and  caucuses,  relative  to          ......  582 

Commonwealth  avenue,  in  Boston,  laying  out  and  construction  of   .        .        .  377 

Concord,  town  of,  may  construct  system  of  sewage  disposal    ....  161 

trustees  of  town  donations  of,  may  hold  title  to  cemetery  lots       .         .  271 

Congregation  Mishkan  Tefila,  name  established 437 

Congregation  Shaaray  Tefila,  consolidation  of,  with  Congregation  Mishkan 

Israel 437 

Congregational  Society,  Berkeley  Street,  may  make  additions  to  its  building  .  340 

Congress,  list  of  members  of 785 

Connecticut  river,  Ilolyoke  Water  Power  Company  exempt  from  maintaining 

a  fishway  on 105 

Greenfield  and  Turner's  Falls  Street  Railway  Company,  may  build  a 

bridge  across 404 

to  protect  town  of  Agawam  from  encroachments  by  the          .         .         .  665 

Conner,  Eugene  A,  in  favor  of 688 

Conservatory  of  Music,  New  England,  may  hold  additional  estate   .        .        .  224 


Index.  929 

PAGE 

Constitution,  a  revised  draft  of,  to  be  prepared  and  printed       ....  691 

proposed  amendments  to,  providing  for  biennial  elections       .        •         .  700 

Consumptives,  etc.,  Massachusetts  hospital  for,  established      ....  621 

Contagious  diseases,  cities  to  provide  for  treatment  of,  in  certain  cases  .        .  443 

among  domestic  animals,  law  relative  to,  amended 605 

Controller  of  county  accounts,  estimates  for  county  taxes  to  be  submitted  to  132 

first  deputy  in  office  of,  to  be  appointed 179 

to  classify  and  arrange  estimates  of  county  taxes  for  current  year         .  650 

Convicts  in  county  prisons,  unemployed,  relative  to  exercise  for      .        .         .  134 

Cooke,  Gilbert,  resolutions  on  death  of 704 

in  favor  of  widow  of 695 

Cooking,  heating  and,  sale  of  electricity  for 472 

Co-operative  Bank,  Spencer,  dissolved 176 

Co-operative  banks,  annual  returns  of 177 

fines  which  may  be  charged  by 178 

Corporations,  fees  to  be  paid  by,  for  filing  certain  certificates  ....  176 

foreign,  liabilities  of  officers  and  stockholders  of 166 

foreign  manufacturing,  may  hold  real  estate  in  this  Commonwealth  for 

business  purposes 434 

foreign  mortgage,  etc.,  to  be  under  supervision  of  commissioner  of  cor- 
porations        339 

fraternal  beneficiary,  change  of  name  by 103 

applications  for  membership  in 287 

closing  afiairs  of 382 

railroad,  to  prohibit  obstruction  of  highways  by  receivers  and  assignees 

of 178 

formed  to  construct  railroads,  etc.,  in  foreign  countries,  taxation  of     .  309 

Corrupt  practices  in  elections,  relative  to  statements  filed  under  act  to  prevent  247 

Cotton  factories,  specifications  to  be  furnished  to  employees  in       .        .        .  133 
Cotton  states  and  international  exposition,  to  be  held  in  the  state  of  Georgia, 

participation  of  Commonwealth  in 693 

Counsel,  legislative,  law  relative  to,  amended 454 

Count  and  canvass  of  votes,  relative  to,  while  voting  is  in  progress         .        .  246 

Counterfeit  labels,  etc.,  to  protect  manufacturers  from  use  of  .        .        .        .  519 

Counties,  relative  to  expenditures  by 548 

fees  received  by  registers  of  deeds,  to  be  paid  into  treasury  of       .        .  594 
County : 

Barnstable,  exempt  from  establishing  truant  school        ....  220 

Old  Colony  commission  to  mark  historic  spots  in         ....  535 

granting  county  tax  for 673 

Berkshire,  pickerel  less  than  ten  inches  in  length,  not  to  be  taken  in 

waters  of 203 

granting  county  tax  for 675 

Bristol,  may  borrow  money  for  expense  of  repairs  on  court  house  in 

Taunton 532 

Old  Colony  commission  to  mark  historic  spots  in         ....  535 

granting  county  tax  for 676 


930  Index. 

PAGE 

County —  Concluded. 

Dukes  County,  any  two  or  more  towns  in,  may  unite  in  employing  a 

superintendent  of  scliools 417 

granting  county  tax  for 677 

Essex,  clerical  assistance  in  office  of  register  of  probate  and  insolvency 

for 178 

superior  court  for,  certain  sitting  of,  in  flaverhill,  discontinued          .  260 

granting  county  tax  for          .........  678 

Franklin,  granting  county  tax  for 679 

Hampden,  granting  county  tax  for 680 

Hampshire,  granting  county  tax  for 682 

Middlesex,  number  of  officers  in  attendance  upon  supreme  judicial,  su- 
perior and  probate  courts  of,  established,  etc 250 

to  provide  for  completion  of  registry  of  deeds  building  at  Cambridge 

in 453 

relative  to  county  truant  school  in 493 

clerical  assistance  for  register  of  probate  of 518 

courts  of,  sitting  at  Lowell,  to  provide  additional  accommodations 

for 592 

granting  county  tax  for 685 

Nantucket,  Old  Colony  commission  to  mark  historic  spots  in         .         .  535 

Norfolk,  clerical  assistance  for  treasurer  of 127 

Old  Colony  commission  to  mark  historic  spots  in         ....  535 

•granting  county  tax  for 689 

Plymouth,  Old  Colony  commission  to  mark  historic  spots  in  •        .         .  535 

granting  county  tax  for 687 

Suflolk,  superior  court  for  equity  business  in,  assistant  clerk  for,  to  be 

appointed 254 

clerical  assistance  in  office  of  register  of  probate,  etc.,  of  .         .        .  414 
superior  court,  civil  session,  assistant  clerk  to  be  appointed  for  .       438,  547 

Worcester,  clerical  assistance  for  treasurer  of 107 

granting  county  tax  for 684 

County  commissioners,  to  advertise  for  proposals  for  county  loans  .         .         .106 

special,  compensation  of 106 

County  loans,  proposals  for,  to  be  advertised 106 

County  prisons,  relative  to  exercise  for  unemplo5'ed  convicts  in        .         .        .  134 

medical  supervision  of  prisoners  confined  in  solitary  cells  in  .         .         .  200 

removal  of  prisoners  committed  to,  by  United  States  courts  .         .         .  275 

County  taxes,  relative  to  estimates  for 132 

estimates  of,  for  current  year,  to  be  classified,  etc 650 

Court,  central  district,  of  Worcester,  extra  clerical  assistance  for  .         .         .  262 

fourth  district,  of  Berkshire,  established 179 

municipal,  of  Boston,  clerical  assistance  for 118 

appointment  of  officers  of 517 

police,  of  Brockton,  salary  of  clerk  established 618 

probate,  may  authorize  executors,  etc.,  to  sell  real  estate  in  certain 
cases    .......•••••• 


131 


Index.  931 

FASB 

Court —  Concluded. 

superior,  interest  ou  abatements  of  taxes,  allowed  by     ....  74 

to  settle  certain  controversies  concerning  flats  in  Charles  river   .         .  658 

Essex  county,  certain  sitting  of,  in  Haverhill,  discontinued          .         .  260 
for  equity  business,  county  of  Suffolk,  providing  an  assistant  clerk 

for 254 

county  of  Sufiblk,  civil  session,  assistant  clerk  to  be  appointed  for        438,  547 

supreme  judicial,  may  authorize  sale  of  real  estate  subject  to  remainder  184 

Court  house,  at  Taunton,  repairs  on   ........         .  532 

Courts,  to  provide  additional  accommodations  for,  at  Lowell    ....  592 

clerks  of,  forwarding  of  certain  papers  by,  to  the  attorney-general       .  417 
inferior,  certain  provisions  of  law  relative  to  poor  debtor  proceedings 

before,  repealed 337 

municipal  or  district,  in  Boston,  may  sentence  or  commit  to  house  of 

industry 224 

police,  district  and  municipal,  compensation  of  clerks  pro  tempore  of  .  250 

probate,  relative  to  accounts  in 217 

accounts  of  trustees  and  guardians  in  ......         .  294 

and  courts  of  insolvency,  jurisdiction  of 220 

supreme  judicial  and  superior,  time  for  filing  exceptions  in,  extended     .  105 

to  be  furnished  with  copies  of  blue  book       ......  244 

compensation  of  deputy  sheriffs  attending  certain  sittings  of      .         .  416 
supreme  judicial,  superior  and  police,  district  or  municipal,  relative  to 

vacation  of  judgments  and  writs  of  review  in,  etc.  ....  231 

supreme  judicial,  superior  and  probate,  in  county  of  Middlesex,  number 

of  ofticers  of,  established 250 

United  States,  removal  of  prisoners  committed  to  county  prisons  by     .  275 

Criminal  cases,  equalizing  right  of  challenging  jurors  in 109 

relative  to  sentences  in 532 

Criminals,  insane,  asylum  for,  established  in  Bridgewater          ....  436 

Crossings,  grade,  relative  to  abolition  of 103 

to  promote  abolition  of,  in  city  of  Newton 201 

abolition  of,  in  cit}'^  of  Northampton         .......  230 

abolition  of,  in  town  of  Westfleld 278 

of  railroads  with  street  rail waj's,  relative  to 475 

relative  to,  in  East  Boston 590 

Cummington,  town  of.  Western   Hampshire   Street   Railway  Company  may 

construct  and  operate  its  road  in 372 


D. 

Dairy  bureau  of  board  of  agriculture,  annual  appropriation  for,  increased       .  219 

Damages  from  fires  communicated  by  locomotive  engines,  relative  to      .         .  300 

De  Feo,  Edward,  notary  public,  acts  confirmed 651 

Debtor,  poor,  proceedings  in  cases  of,  in  inferior  courts,  certain  provisions  of 

law  relative  to,  repealed 337 


932  Index. 

PAGE 

Debtors,  insolvent,  relative  to 216 

Decennial  census,  printing  and  distribution  of  report  of 659 

Dedham,  town  of,  may  borrow  money  beyond  debt  limit,  for  park  purposes    .  73 

relative  to  system  of  sewage  disposal  for 445 

Deeds,  registers  of,  etc.,  establishing  salaries  of 594 

Deerfleld,  town  of,  water  supply  for 378 

bridiie  may  be  built  across  Connecticut  river,  between  Montague  and    .  404 

Dennis,  town  of,  fisheries  in  Swan  Pond  river  in,  regulated      ....  205 
Deputy  controller  of  county  accounts,  tirst,  to  be  appointed     .        .         .         .179 

Deputy  sheriffs,  compensation  of,  for  attending  sittings  of  certain  courts        .  416 

Detective  department,  district  police,  additional  member  of,  to  be  appointed  .  441 

Devens,  Charles,  relative  to  statue  of 653 

Dewing  Memorial,  incorporated 164 

Dighton,  town  of,  water  supply  for 559 

Dighton  and  Somerset  Water  Company,  incorporated 559 

Dipsomaniacs  and  inebriates,  Massachusetts   hospital  for,  enlarging  work- 
shop of 666 

Discharged  prisoners,  duties  of  agent  for  aiding 426 

Discrimination,  on  account  of  race  or  color,  to  prevent 519 

Diseases,  contagious,  cities  to  provide  for  treatment  of,  in  certain  cases          .  443 

among  domestic  animals,  law  relative  to,  amended 605 

Distribution  of  legacies,  relative  to 128 

District  attorneys,  assistant,  salaries  of,  to  be  paid  from  state  treasury   .        .  474 

District  court,  fourth,  of  Berkshire,  established 179 

central,  of  Worcester,  extra  clerical  assistance  for 262 

District  or  municipal  courts,  in  Boston,  may  sentence  to  house  of  industry     .  224 

District  police,  additional  member  of  detective  department  of,  to  be  appointed  441 

additional  members  of  inspection  department  of,  to  be  appointed  .         .  464 
members  of  boiler  inspection  department  of,  to  enforce  law  regulating 

steam  engineering 634 

District  police  officer,  a  special,  to  be  appointed,  to  enforce  laws  for  protec- 
tion of  infants 338 

Docks  and  wharves,  an  improved  system  of,  for  port  of  Boston,  investigation 

of  subject  of 298 

Documents,  sent  to  members  of  general  court,  providing  for  payment  of         .  97 
Documents,   public,    report  of  insurance    commissioner,   Part    II.,   edition 

increased 54 

report  of  attorney-general,  increased  number  of  copies  of,  to  be  printed  98 
report  of  gas  and  electric  light  commissioners,  fixing  number  to  be 

printed 522 

report  of  metropolitan  water  board,  to  be  a     . 
Domestic  animals,  law  relative  to  inspection  of,  amended 
Domestic  insurance  companies,  registration  of  agents  of  . 
Doorkeepers,  messengers,  etc.,  fixing  compensation  of     . 
Douglass,  Frederick,  resolutions  on  death  of     .         .        . 
Dracut,  town  of,  Oakland  Cemetery  Association  in,  Incorporated 
Drawing,  publication  of  course  of  instruction  in        .        .        . 


566 
605 
42 
198 
705 
118 
655 


Index.  933 

PAGE 

Dukes  County,  any  two  or  more  towns  in,  may  unite  in  employing  a  superin- 
tendent of  schools       417 

tax  granted  for 677 

E. 

Early  acts  and  resolves,  copies  of,  to  be  furnished  to  certain  public  officers    .  651 

certain  copies  delivered  to  public  officers  to  be  labelled  ....  652 

East  Boston,  relative  to  grade  crossings  in 590 

East  Bridgewater,  town  of,  in  favor  of 652 

Edison  Electric  Illuminating  Company  of  Brockton  may  extend  its  wires, 

etc  ,  into 380 

in  favor  of  certain  veterans  of 697 

East  Longmeadow,  First  Congregational  Society  in,  name  established     .        .  81 
Easton,  town  of,  Edison  Electric  Illuminating  Company  of  Brockton  may  ex- 
tend its  wires,  etc.,  into      380 

Edison  Electric  Illuminating  Company  of  Brockton  may  extend  its  wires,  etc., 

into  certain  towns 380 

Education,  board  of,  messenger  and  clerical  service  for 127 

to  have  charge  of  appropriation  for  new  normal  school  buildings   .         .  388 

to  publish  course  of  instruction  in  drawing 655 

to  investigate  subject  of  school  attendance  and  truancy  ....  657 

Election  of  certain  officers  in  cities  in  which  ward  lines  have  been  changed     .  222 
Election  Act  of  1893,  amended,      4,  27,  59,  200,  215,  222,  244,  246,  247,  248,  256,  266, 

276,  290,  307,  353 

Election  cases,  relative  to  inquests  in 401 

Election  commissioners,  of  Boston,  certain  powers  and  duties  conferred  upon  620 

Elections,  arrangement  of  names  upon  official  ballot  at 200 

in  cities  where  ward  lines  have  been  changed,  relative  to         .         .         .  222 

count  and  canvass  of  votes  at,  while  voting  is  in  progress      .         .         .  246 

corrupt  practices  in,  relative  to  statements  filed  under  act  to  prevent     .  247 

in  Boston,  time  for  filing  certificates  of  nomination,  etc.         .        .        .  248 

filling  vacancies  in  candidates  at 256 

filing  of  nomination  papers  for  candidates  at 2G6 

distribution  of  circulars,  etc.,  in  vicinity  of  polling  places  prohibited     .  276 

in  towns,  appointment  of  tellers  at 290 

recount  of  ballots  cast  in 307 

ballot  prepared  for,   to   contain  names  of  persons  nominated  by  a 
political  party  casting  a  certain  number  of  votes  for  five  successive 

years 353 

special,  registration  of  voters  for      ........  4 

Elective  office,  terra  defined 582,  627 

Electric  Freight  Railway,  Fall  River,  time  for  construction  of,  extended          .  128 

Electric  light  commissioners,  gas  and,  annual  expenditures  of,  etc. .         .         .  522 

Electric  light  companies,  penalty  for  injuring  property  of,  etc.          .         .         .  375 

Electric  Power  Company,  Hoosac,  incorporated 338 

Electric  wires,  to  provide  greater  security  against  accidents  from    .        .        .  226 


934: 


Index. 


Electricity,  penalty  for  unlawful  diversion  of,  etc.     . 

transmission  of,  for  heating  and  power    .... 

sale  of,  for  heating  and  coolcing 

Employees,  in  certain  factories,  specifications  to  be  liirnished  U) 
Employment,  in  public  service,  veterans  to  have  preference  for 

of  labor,  law  regulatinir,  amended     ..... 

Engineering,  steam,  regulated      ....... 

Engines,  locomotive,  damages  from  fires  caused  l)y  . 
Epileptics,  tlie  Massachusetts  hospital  for,  establislied 
Equity  cases,  jury  trials  in,  law  relative  to,  amended 
Essex  county,  register  of  probate  and  insolvency  for,  clerical  assistance  in 
office  of 

superior  court  for,  certain  sitting  of,  in  Ilaverliill,  discontinued     . 

tax  granted  for 

Estimates  for  county  taxes,  to  be  submitted  to  controller  of  county  accounts 

for  current  year,  to  be  classitied,  etc 

Exceptions  in  supreme  judicial  and  superior  courts,  time  of  filing,  extended 
Executions,  issued  by  trial  justices,  may  be  served,  etc.,  in  every  county 

on  real  estate,  record  of    . 

Executive  department 

Executors,  accounts  rendered  by,  to  probate  courts  . 

Exhibitors  at  world's  Columbian  exposition,  copies  of  report  of  board  of 

agers  to  be  supplied  to 

Expenditures  by  counties,  relative  to  ..... 

Experiment  station,  the  Hatch,  powers  and  duties  of  director  of 
Exposition,  cotton  states  and  international,  to  be  held  in  state  of  Georgia 

ticipation  of  Commonwealth  in  . 
Express  business,  to  protect  persons  in       ...         . 
Express  Company,  Boston  and  Suburban,  incorporated     . 
Expressage  on  documents,  providing  for  payment  of 
Eye  and  Ear  Infirmary,  Massachusetts  Charital)le,  in  favor  of 


,  par 


PAGE 

375 
395 
472 
133 
618 
122 
533 
300 
549 
108 

178 
260 
678 
132 
650 
165 
425 
484 
765 
217 

648 
648 
472 

693 
547 
353 
97 
650 


F. 

Factories,  cotton,  worsted,  etc.,  specifications  to  be  furnished  to  employees  in  133 
Fairhaven,  town  of,  may  borrow  money  beyond  debt  limit,  for  sewerage  pur- 
poses      122 

may  construct  system  of  sewage  disposal 123 

Fairhaven  Improvement  Association,  may  take  portion  of  Old  Cemetery  in 

Fairhaven 260 

Fall  River,  city  of,  may  issue  bonds  to  redeem  certain  water  loans  ...  33 

may  borrow  money  to  erect  a  public  library  building       ....  158 

members  of  board  of  police  ineligible  to  certain  other  offices  .         .         .  171 

powers  of  board  of  police  of,  extended 3S6 

protection  of  water  supply  of 544 

Fall  River  Electric  Freight  Railway,  time  for  construction  of,  extended   .         ,  128 

Fall  River  Iron  Works  Company,  may  increase  capital  stock     ....  632 


Index.  935 

PAGE 

Fall  River  and  Providence  Street  Railway  Company,  incorporated   .        .        .  393 

Farm,  state,  repairs  and  improvements  at  .         .......  660 

Febi'uary,  twenty-second  day  of,  sale  of  intoxicating  liquor  prohibited  on        .  380 

Fees,  to  be  paid  by  corporations  for  filing  certain  certificates  ....  176 

in  insolvency  cases,  relative  to 439 

received  by  registers  of  deeds,  to  be  paid  into  county  treasury       .         .  594 

Fenders,  etc.,  on  street  railway  cars,  relative  to 424 

Ferris,  Robert  J.,  in  favor  of 658 

Ferry  landing,  in  Boston,  to  establish,  an  additional 482 

Fidelity  Trust  Company,  incorporated 107 

Filing  certificates  of  nomination,  etc.,  fixing  time  for        .....  248 

Filing  of  nomination  papers,  relative  to 266 

Filing  and  recording  certain  certificates,  fees  to  be  paid  by  corporations  for  .  176 

Fines,  imposed  for  publishing  or  distributing  obscene  literature,  disposition  of  172 

charged  by  co-operative  banks,  relative  to 178 

Fire  District  : 

Adams,  may  increase  its  water  supply 556 

Greenfield,  Number  One  in,  may  increase  its  water  supply,  etc.       .        378,  546 

North  Adams,  may  issue  bonds  for  refunding  its  notes,  etc.    .         .         .  157 

Norton,  to  be  established  in  town  of 64 

to  provide  water  supply  for 77 

Onset  Bay,  proceedings  confirmed 300 

South  Hadley,  Number  One  in,  may  take  additional  land         ...  61 

Fire  districts,  expenditures  by 304 

Fire  insurance  companies,  mutual,  with  a  guaranty  capital,  relative  to     .         .  189 

Fire  Insurance  Company,  Theatre  Owners'  Mutual,  of  Boston,  incorporated   .  336 

Fire  marshal,  salaries  of  employees  of 515 

Fires,  caused  by  locomotive  engines,  relative  to  damages  from         .         .         .  300 

First  Baptist  Society  of  Marblehead,  dissolved '.         .  417 

First  Congregational  Parish  in  Norwood,  may  convey  its  property  to  First 

Congregational  Church  in  Norwood 70 

First  Congregational  Society  in  East  Longraeadow,  name  established      .         .  81 

Fisheries,  shad  and  alewife,  in  Mcrrimac  river,  removing  restrictions  upon     .  83 

pickerel  less  than  ten  inches  in  length,  not  to  be  taken  in  Berkshire 

county 203 

in  Swan  Pond  river,  regulated 205 

trout  artificially  reared,  may  be  sold  during  February  and  March  .         .  278 

relative  to  oyster  culture 288 

relative  to,  in  Sherman  pond,  in  town  of  Brimfield 455 

hatching  station,  at  Plymouth,  N.  H.,  joint  ownership  of  with  New 

Hampshire,  discontinued 690 

Fishway,  Holj^oke  "Water  Power  Company  exempt  from  maintaining,  on  Con- 
necticut river 105 

Fitchburg,  city  of,  may  borrow  money  beyond  debt  limit,  for  school  purposes  82 

relative  to  construction  of  new  normal  school  building  in       .         .         .  388 

in  favor  of 662 

Fitchburg  Loan,  Trust  and  Safety  Deposit  Company,  incorporated  .         .         ,  203 


936  Index. 

PAGK 

Fitchburg  and  Leominster  Street  Railway  Company,  time  for  location  and 

construction  of,  extended 97 

Flags,  etc.,  relative  to  display  of,  upon  public  buildings  and  schoolliouses      .  107 

to  be  furnished  to  public  schools 183 

Florida,  town  of,  lloosac  Electric  Power  Company  may  construct  and  operate 

lines  for  transmission  of  heat  and  power  in      ....         .  338 

Food  animals,  penalty  for  feeding  garbage,  etc.,  to 428 

Forbes  Library,  in  Northampton,  election  of  trustees  of,  etc 25 

Foreign  corporations,  liabilities  of  officers  and  stoclvholders  of         .         .         .  1C6 
Foreign  countries,  taxation  of  corporations  formed  to  construct  railroads, 

etc.,  in 309 

Foreign  manufacturing  corporations,  maj'  hold  real  estate  in  this  Common- 
wealth, for  business  purposes 434 

Foreign  mortgage  corporations,  etc.,  to  be  under  supervision  of  comrai.ssioner 

of  corporations    ......•■•■•  339 

office  of  commissioner  of,  abolished 339 

Form  of  standard  policy  of  insurance,  changes  in 56 

Forms,  to  be  used  in  commitment  of  iijsane  persons 292 

Fourth  district  court  of  Berkshire,  established 179 

Franlvlin,  town  of,  may  lay  out  town  way  through  Franklin  cemetery       .         .  492 

Franklin  county,  tax  granted  for 679 

Fraternal  beneficiary  corporations,  change  of  name  by 103 

applications  for  membership  in 287 

closing  the  atfairs  of 382 

Fraudulent  impersonation  of  voters,  to  prevent,  in  city  of  Boston  .         .         .  474 

G. 

Game  commissioners,  authority  extended  to  propagation  of  game,  etc.     .         .  54 

Gaming,  law  relative  to,  amended  ;  term  defined 464 

Garbage,  etc.,  penalty  for  feeding  to  food  animals,  except  swine     .         .        .  428 

Garland,  Frank  L.,  in  favor  of 655 

Gas  and  electric  light  commissioners,  annual  expenditures  of,  etc.  .        .         .  622 

Gas  Light  Company,  Brookline,  may  lay  its  pipes  across  Fort  Point  channel   .  445 

Springfield,  may  extend  its  pipes  into  West  Springfield,  etc.  .         .         .  166 

General  superintendent  of  prisons,  tenure  of  office  of 353 

Georgia,  state  of,  participation  of  Commonwealth  in  an  international  exposi- 
tion to  be  held  in •         •  693 

Gifts,  to  cities  and  towns,  interest  may  be  paid  on,  in  certain  cases         .         .  221 

Gile,  John  S.,  notary  public,  acts  confirmed 645 

Girls,  industrial  school  for,  repairs  to  buildings  of,  and  water  supply  for        .  653 

Gloucester,  city  of,  water  supply  for 508 

Gloucester  harbor,  relative  to  boarding  vessels  in 104 

Goshen,  town  of.  Western  Hampshire  Street  Railway  Company  may  construct 

and  operate  its  road  in 372 

Governor,  inaugtn-al  address  of '<'ll 

special  messages  of,  to  the  legislature 726 


Index. 


93T 


PAGK 

Governors,  collection  of  portraits  of 660 

resolution  couceraing  collection  of  portraits  of 705 

Grace  Universalist  Society,  of  Lowell,  name  established 63 

Grade  crossings,  relative  to  abolition  of    .......         .  103 

relative  to,  in  East  Boston 590 

to  promote  abolition  of,  in  city  of  Newton 201 

relative  to  abolition  of,  in  city  of  Northampton 230 

relative  to  abolition  of,  in  town  of  Westfleld 278 

of  railroads  and  street  railways,  relative  to 475 

Granville,  town  of,  may  refund  portion  of  its  debt 224 

Greeufleld,  town  of,  water  supply  for 378,  546 

Fire  District  Number  Oue  in,  may  increase  its  water  supply,  etc.  .        378,  546 
Greenfield  and  Turner's  Falls  Street  Eailway  Company,  may  construct  a  bridge 

across  Connecticut  river 404 

Guardians,  accounts  rendered  by,  to  probate  courts 217 

trustees  and,  relative  to  accounts  of 294 

Gymnasium,  to  be  constructed  at  Worcester  normal  school       ....  662 
G\-psy  moth,  special  report  of  state  board  of  agriculture  on  extermination  of, 

to  provide  for  printing 649 

providing  for  continuing  work  of  extermination  of         ....  670 


H. 

Hampden  county,  tax  granted  for 680 

Hampshire  county,  tax  granted  for 682 

Hanover,  town  of,  may  refund  a  portion  of  its  debt 259 

Harbor  and  land  commissioners,  board  of,  portion  of  their  report  to  be  re- 
printed           648 

to  report  on  subject  of  shoalings  in  Boston  harbor  ....  668 

Hassanamisco  Indians,  in  favor  of  Althea  Hazzard,  a  member  of      .         .         .  656 

Hatch  experiment  station,  powers  and  duties  of  director  of      ....  472 

Hatfield,  town  of,  water  supply  for 191 

Haverhill,  city  of,  certain  sitting  of  superior  court  in,  discontinued         .         .  260 

may  take  land  for  use  of  militia  in    .......         .  269 

authorized  to  make  certain  changes  in  Haverhill  bridge  ....  228 

Haverhill  bridge,  across  Merrimac  river,  certain  changes  may  be  made  in         .  228 

Hazzard,  Althea,  in  favor  of 656 

Health,  boards  of,  in  cities,  relative  to  appointment  of    .        .         .         .        .  376 

in  towns,  relative  to  term  of  office  of,  etc.         .....       441,  625 

state  board  of,  report  of,  on  subject  of  metropolitan  water  supply,  ad- 
ditional copies  to  be  printed,  etc 643,  644 

to  investigate  sanitary  condition  of  Neponset  meadows       .         .         .  671 

to  examine  and  report  on  system  of  drainage  for  Salem  and  Peabody  691 

Heating  of  street  railway  cars,  relative  to  .         .         .         .         .         .         .         .  128 

Heating  and  cooking,  sale  of  electricity  for 472 


938 


Index. 


PAGE 


371 

178 
389 
418 
377 
305 
688 


towns  o 


Highland  Street  Railway  Corapanj',  may  enter  into  contracts  of  purchase  or 

lease  with  Woronoco  Street  Railway  Company  .... 

Highways,  obstruction  of,  by  receivers  and  assignees  of  railroad  corporations 

relative  to  construction  of 

towns  may  place  control  of,  under  a  single  surveyor 

in  Boston,  laying  out  and  construction  of  certain     .... 

sewers,  etc.,  in  Boston,  relative  to  assessments  for  construction  of 
Historian,  state  military  and  naval,  renewal  of  appointment  of 
Historical  address  delivered  in  house  of  representatives  bj"  A.  S.  Roe,  publica- 
tion of,  etc 643,  670,  673 

History,  Massachusetts  military  and  naval,  printing  and  distribution  of  .        .       663 
Holbrook,  town  of,  Edison  Electric  Illuminating  Company  of  Brockton  may 

extend  its  wires,  etc.,  into 380 

Holiday,  Saturdays,  after  twelve  o'clock  at  noon,  made  a,  for  banking  pur- 
poses, etc 203,  457 

Holidays,  sale  of  intoxicating  liquor  on  certain,  prohibited       ....       380 
Holyoke,  city  of ,  may  borrow  money  be3'ond  debt  limit,  for  school  purposes       246 
Holyoke  Water  Power  Company,  exempt  from  maintaining  fishway  on  Con- 
necticut river 

Home,  soldiers',  in  favor  of  trustees  of 

Hoosac  Electric  Power  Company,  incorporated  . 

Hoosac  Valley  Street  Railway  Company,  may  extend  its  road  into 

Williamstown  and  Clarksburg 

Horse  Neck  Water  Company,  incorporated         .... 
Horticultural  Society,  Massachusetts,  may  hold  additional  estate 
Hospital,  for  dipsomaniacs  and  inebriates,  enlarging  workshop  of 

for  epileptics,  Massachusetts,  established 

for  consumptives,  etc.,  Massachusetts,  established 

Northampton  lunatic,  improvements  at    . 

Taunton  lunatic,  repairs  and  improvements  at 

Westborough  insane,  repairs  and  improvements  at 

for  women  and  children.  New  England,  may  hold  additional  estate 
Hospital  cottages  for  children,  at  Baldwinville,  repairs  and  improvements  at 
Hospitals,  for  dangerous  diseases,  city  of  Cambridge  authorized  to  establish 
House  of  industry,  Boston,  sentences  and  commitments  to 
Howes,  Lewis  W.,  acts  of,  as  notary  public,  confirmed 
Hudson,  town  of,  may  construct  system  of  sewage  disposal 
Huntington,  town  of,  Western  Hampshire  Street  Railway  Company  may  con 

struct  and  operate  its  road  in     . 
Huntington  avenue,  in  Boston,  laying  out  and  construction  of 
Hyannis,  village  of,  in  Barnstable,  construction  of  new  normal  school  build 

ing  in 

Hyde  Park,  town  of,  system  of  sewage  disposal  for  . 

may  borrow  money  for  park  purposes 


105 
647 
338 

373 
404 
396 
666 
549 
621 
669 
661 
662 
166 
667 
99 
224 
672 
119 

372 
377 

388 
445 
480' 


Index.  939 
I. 

PAGir 

Ice,  to  provide  for  inspection  of,  in  cities 381 

Illegal  gaming,  term  defined 464r 

Illiterate  prisoners,  to  be  taught  to  read  and  write 262 

Immanuel  Baptist  Church,  of  Cambridge,  name  established      ....  62 

Inaugural  address  of  the  governor 711 

Income  from  water  supplies  of  Boston,  law  relating  to,  amended     .         .         .  214 
Independent  Order,  Odd  Fellows,  subordinate  encampments  of,  may  hold  and 

convey  estate  as  voluntary  associations     ......  268 

Indeterminate  sentences,  to  state  prison,  providing  for 624 

Index  to  war  records  in  adjutant  general's  office,  completion  of       .        .        .  696 

Indexes,  to  Massachusetts  archives,  providing  for 648 

to  registration  returns,  providing  for 648 

India  street,  la  Boston,  may  be  widened,  etc 616 

Indians,  Hassanamisco  tribe  of,  in  favor  of  Althea  Hazzard,  a  member  of       .  656 

Industrial  House  Charities  of  Springfield,  The,  incorporated    ....  74 

Industrial  school  for  girls,  repairs  to  buildings  of  and  water  supplj^  for  .         .  653- 

Industrial  school,  Lyman  and,  establishing  trustees  of      ....         .  476 
Inferior  courts,  certain  provisions  of  law  relative  to  poor  debtor  proceedings 

before,  repealed 337 

Inland  fisheries  and  game,  commissioners  of,  authorized  to  propagate  birds 

and  animals 54 

may  lease  Oyster  pond  in  Dukes  County 182 

Inquests,  relative  to,  in  election  cases 401 

Insane  asylum,  Medfield,  providing  for  completion  of 442 

to  provide  for  furnishing  new  buildings  of 672 

Insane  criminals,  asylum  for,  established  at  Bridgewater 436- 

Insane  hospital,  Westborough,  repairs  and  improvements  at     .         .        .        .  662 

Insane  persons,  commitment  of 291 

physicians'  certificate  for  commitment  of 477" 

certain  towns  to  be  reimbursed  for  maintenance  of         ....  419 

Insolvency,  assignees  in,  limitations  of  actions  Ijy,  etc 479 

commissioner  of,  oflSce  abolished 102 

Insolvency  cases,  relative  to  fees  in 439" 

Insolvent  debtors,  relative  to 216 

Inspection,  of  domestic  animals,  law  relative  to,  amended         ....  605 

of  ice,  in  cities,  to  provide  for 381 

of  steam  boilers,  relative  to 462 

Inspection  department,  district  police,  additional  members  of,  to  be  appointed  464 

Inspectors,  of  animals  and  provisions,  compensation  of 543 

Institute  of  Technology,  Massachusetts,  in  favor  of 666- 

Institutions  for  savings,  may  invest,  etc.,  in  bonds  of  states  of  Missouri  and 

Minnesota,  etc 173- 

Insurable  age,  maximum,  established  in  cases  of  accident  insurance         .        .  267 

Insurance,  accident,  maximum  age  in  cases  of 267 

relative  to  certain  classes  of      ........        .  53& 


940  Index. 


Insurance  broker,  the  insurance  commissioner  to  autliorize  persons  to  act 

as,  etc. 57 

veteran  soldiers  and  sailors  may  act  as,  without  payment  of  fee  .        .  171 
Insurance  commissioner,  name  and  residence  of  agents  of  domestic  insurance 

companies  to  be  filed  with 42 

providing  for  additional  copies  of  Part  II.  of  annual  report  of       .         .  54 

sworn  statement  of  reinsurance  to  be  made  to,  by  insurance  companies  56 
to  issue  certificates  of  authority  to  act  as  insurance  broker  on  payment 

of  fee 57 

authorized  to  employ  an  actuary 76 

fraternal  beneficiary  corporations  may  change  name  with  consent  of     .  103 
may  license  veteran  soldiers  and  sailors  to  act  as  insurance  brokers 

without  fee 171 

guaranty  capital  of  mutual  fire  insurance  companies  may  be  reduced 

with  assent  of 190 

duties  of,  relative  to  closing  of  affairs  of  certain  fraternal  beneficiary 

corporations 382 

Insurance  companies,  domestic,  registration  of  agents  of          ....  42 

fire,  relative  to  risks  assumed  by,  etc .  56 

form  of  standard  policy  amended 57 

mutual  fire,  with  a  guaranty  capital,  relative  to 189 

Insurance  Company,  the  New  England  Burglary,  time  for  organization  of, 

extended 109 

Theatre  Owners'  Mutual  Tire,  of  Boston,  incorporated    ....  336 

Insurance  department,  providing  for  employment  of  an  actuary  in  .         .         .  76 

Insurance  policies,  life,  warranties  in 272 

not  to  be  issued  without  previous  medical  examination  ....  415 

Interest  on  abatements  of  taxes,  allowance  of 74 

Interstate  Consolidated  Street  Railway  Company,  maj'  acquire   and  operate 

certain  other  street  railways 493 

Intoxicating  liquors,  licenses  for  sale  of,  recount  of  votes  cast  on  question 

of  granting 83 

sale  of,  on  fourth  day  of  July  and  twenty-second  day  of  February,  pro- 
hibited             380 

Iron  Works  Company,  Tall  River,  may  increase  capital  stock  ....  532 


Jamaica  park,  etc.,  city  of  Boston  may  abate  portion  of  betterments  on  ac- 
count of  laying  out 185 

Judgments,  vacation  of,  etc.,  in  supreme  judicial,  superior  and  police,  district 

or  municipal  courts 231 

Judicial  department 782 

July,  fourth  day  of,  sale  of  intoxicating  liquor  prohibited  on    •         .         .         .  380 

Jurors,  in  criminal  cases,  equalizing  right  of  challenge  of         ...         •  109 

Jury  trials,  in  equity  and  probate  causes,  law  relating  to,  amended  .         .        .  108 


Index.  941 

PAGE- 

Justice  of  the  peace,  George  C.  Abbott,  acts  confirmed     .....  694 

Henry  A.  Smith,  acts  confirmed 647 

Justices  of  the  peace,  must  be  satisfied  as  to  identity  of  person  malving  oatli 

to  nomination  paper    ..........  244 

eligible  to  office  of  license  commissioner 424 


L. 

Labels  and  stamps,  counterfeit,  to  protect  manufacturers  from  use  of     .         .  SIB" 

Labor,  law  regulating  employment  of,  amended 122 

uniform  hours  of,  resolutions  concerning         ......  706 

bureau  of  statistics  of,  to  publish  and  distribute  a  bulletin      .        .        .  298 

registrar  of,  providing  for  appointment  of       .....        .  419 

Lawrence,  city  of,  charter  revised 355 

Legacies,  distribution  of 128 

collateral,  etc.,  taxes  on 337,  478 

Legacy  tax  clerk,  may  be  employed  in  treasury  department       ....  277 
Legion  of  Honor,  American,  Supreme  Council  of,  may  hold  meetings  outside 

the  Commonwealth      . 444 

Legislative  council  and  agents,  law  relative  to,  amended 454 

Legislative  department 766 

Legislature,  inaugural  address  of  the  go^'ernor  to 711 

special  messages  to 726 

Legitimacy  of  children,  relative  to 476 

Leicester  Water  Supply  District,  may  borrow  money  to  increase  its   ■^s'ater 

supply 227 

Lenox  Water  Company,  may  supply  portion  of  town  of  Richmond  with  water  644 

Leominster,  town  of,  may  refund  water  debt     .......  105 

Lexington,  town  of,  boundary  line  between  city  of  Waltham  and,  located  and 

defined 227 

Libel,  retractions  in,  actions  for 489 

Library,  Forbes,  in  Northampton,  changing  manner  of  electing  trustees  of      .  25 
License,  auctioneer's,  veteran  soldiers  and  sailors  exempt  from  payment  of 

fee  for 516 

License  commission,  city  of  Lowell,  name  changed  to  board  of  police     .        .  186 
License  commissioner,  notaries  public  and  justices  of  the  peace  eligible  to 

otRce  of        ...........         .  424 

Licensed  carriers,  to  protect  business  of 647 

Licenses  for  sale  of  intoxicating  liquors,  recount  of  votes  cast  on  question  of 

granting 83 

Licensing  and  regulating  of  stables  in  cities      .......  219 

Liens,  for  annual  rents  for  use  of  sewers,  to  attach  to  real  estate    .        .         .  108 

mechanics',  sureties  on  bonds  to  dissolve 444 

Life  insurance  policies,  warranties  in 272 

not  to  be  issued  without  previous  medical  examination   ....  415 


,942 


Index. 


ith  safety  appliances 


83 

380 
172 

103 
173 
614 

lOG 
ioi 
300 
411 
81 
480 
f;68 
706 


Liquors,  intoxicating,  licenses  for  sale  of,  recount  of  votes  cast  on  question 
of  granting ............ 

sale  of,  on  fourth  day  of  July  and  twenty-second  day  of  February,  pro- 
hibited   

Literature,  obscene,  disposition  of  fines  imposed  for  publishing  and  distributing 

Loan  Company,  Collateral,  may  estaJilish  branch  offices ;  rate  of  interest  to  be 
charged  by 

Loan  and  Trust  Company,  Berkshire,  incorporated    . 

Loans,  on  pledges  of  personal  property,  regulating  . 
county,  jn-oposals  for,  to  be  advertised    . 

Lobby  act,  so-called,  amendment  to    . 

Locomotive  engines,  damages  from  fires  caused  by 

Locomotives,  etc.,  on  railroads,  certain,  to  be  equipped  w 

Longraeadow,  Third  Religious  Society  in,  name  changed 

Lord's  day,  to  regulate  observance  of  .         .         . 

Loring,  Edward  P.,  in  favor  of  Avidow  of  . 

Lottery  traffic,  resolution  concerning  suppression  of 

Lowell,  city  of,  Shattuck  Street  Universalist  Society  of,  name  changed  to 

Grace  Universalist  Society 63 

Boston  and  Maine  railroad  to  discontinue  running  certain  trains  in  .  133 
license  commission  of,  to  be  designated  the  board  of  police,  etc.   .         .       186 

additional  water  supply  for 251 

providing  for  re-division  of,  into  wards 263,  531 

relative  to  construction  of  new  normal  school  building  in  .  .  388,516 
may  appropriate  a  sum  of  money  to  commemorate  Memorial  day  .  .  451 
to  provide  additional  accommodations  for  county  courts  sitting  at  .       5'J2 

Lowell,  Lawrence  and  Haverhill  Street  Railway  Company,  provisions  aftecting       228 

Lowell  and  Andover  Railroad  Company,  provisions  afl'ecting     ....       133 

Lowell  and  Lawrence  railroad,  provisions  aOecting 134 

Lunacy  and  charity,  board  of,  to  enforce  laws  for  protection  of  infants 

to  report  on  subject  of  supplying  food  and  lodging  to  applicants  in  small 
towns 

Lunatic  hospital,  Northampton,  improvements  at 
Taunton,  repairs  and  improvements  at 
"Worcester,  trustees  of,  may  sell  certain  lands  . 

Lyman  school  for  boys,  providing  new  stock  barn  for 

Lyman  and  industrial  school,  establishing  trustees  of 

Lynn,  city  of,  number  of  members  of  common  council  of,  increased 


654 
609 
661 
531 
654 
476 
268 


M. 

Macadamized  roads,  construction  of,  in  towns  .......  558 

Madden,  Stephen  F.,  in  favor  of 669 

Maiden,  city  of,  sewage  disposal  of 490 

Mansfield  Water  Supply  District,  limits  extended,  etc 387 

Manual  of  the  general  court,  extra  copies  to  be  printed,  for  distribution  in 

certain  public  schools 650 


Index.  943 

FAQB 

Manufacturing  Corporations  : 

Boott  Cotton  Mills,  may  do  business  outside  the  Commonwealth    .         .  27 
Fall  River  Iron  Works  Company,  may  increase  capital  stock  .         .         .  532 
Merrimack  Manufacturing  Company,  may  increase  capital  stock,  etc.    .  342 
Manufacturing  corporations,  foreign,  may  hold  real  estate  in  this  Common- 
wealth, for  business  purposes 434 

Marblehead,  town  of,  may  refund  debt 110 

additional  water  loan  for 377 

First  Baptist  Society  of,  dissolved 417 

Marlborough,  city  of,  may  issue  bonds,  etc.,  to  pay  part  of  its  general  debt  .  389 

Marriage  and  legitimacy  of  children,  relative  to         .....         .  476 

Massachusetts,  establishing  and  marking  boundary  line  between  New  Hamp- 

shii-e  and,  etc 654,  688 

Massachusetts  agricultural  college,  law  authorizing  consolidation  of  agricult- 
ural experiment  station  with,  amended 55 

powers  and  duties  of  director  of  Hatch  experiment  station  of       .        .  472 

repairs  and  improvements  at     ........         .  656 

Massachusetts  archives,  providing  for  indexes  to 648 

Massachusetts  board  of  world's  fair  managers,  extra  copies  of  report  to  be 

printed 649 

Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of    .        .        .        .  650 

Massachusetts  Charitable  Society,  may  fix  time  and  places  for  its  meetings     .  30 

Massachusetts  highway  commission,  authorized  to  construct  state  highways  .  389 

Massachusetts  Horticultural  Society,  may  hold  additional  estate       .        .        .  396 

Massachusetts  hospital  for  consumptives,  etc.,  established       ....  621 
Massachusetts  hospital  for  dipsomaniacs  and  inebriates,  enlarging  workshop 

of 666 

Massachusetts  hospital  for  epileptics,  established 549 

Massachusetts  Institute  of  Technology,  in  favor  of 666 

Massachusetts  military  and  naval  history,  printing  and  distribution  of     .         .  663 
Massachusetts  reformatory,  removal  of  persons  unlawfully  occupying  premises 

of 131 

providing  a  school  building  for 656 

providing  a  new  workshop  at,  etc 671 

Massachusetts  Ship  Canal  Company,  incorporated 522 

Massachusetts  volunteer  militia,  to  increase  efficiency  of 529 

Mclntee,  Patrick,  in  favor  of 670 

Mechanics'  liens,  sureties  on  bonds  to  dissolve 444 

Medfield  insane  asylum,  providing  for  completion  of 442 

to  provide  for  furnishing  new  buildings  of 672 

Medford,  city  of,  relative  to  sewers  in 257 

changing  limits  of  land  to  be  taken  in,  by  metropolitan  park  commission  273 

Medicine,  board  of  registration  in,  extra  copies  of  report  to  be  printed  .         .  657 

law  relative  to  appointment  of,  amended 455 

Melrose,  town  of,  boundary  line  between  Stoneham  and,  located  and  defined  .  184 

may  borrow  money  to  construct  a  system  of  sewage  disposal         .        .  275 

additional  water  loan  for 375 


944  Index. 

PAGE 

Memorial,  Dewing,  incorporated 164 

Merrimac  river,  removing  restrictions  upon  shad  and  alewife  fishing  in    .         .  85 
certain  changes  may  be  made  in  bridge  across,  between  Haverhill  and 

Bradford 228 

easterly  abutment  to  Rocks  bridge  over,  to  be  rebuilt      ....  383 

Merrimack  Manufacturing  Company,  may  increase  capital  stock,  etc.       .        .  342 

Messages,  special,  to  the  legislature    .........  726 

Messengers,  pages,  etc.,  compensation  of  .         .         .         .         .         .         .         .  198 

Methodist  Episcopal  Church,  Wyoma,  name  changed  to  Broadway  Methodist 

Episcopal  Church 134 

Methuen,  town  of,  additional  water  loan  for 440 

Metropolitan  district  commission,  time  for  making  report  of,  extended,  etc.    .  651 
Metropolitan  park  commission,  changing  limits  within  which  land  may  be 

taken  by,  in  city  of  Medford 273 

taking  of  Kevere  beach  by 334 

powers  and  duties  of 504 

Metropolitan  parks  loans  sinking  funds,  to  be  consolidated  into  one  fund        .  288 
Metropolitan  sewerage,  north  system  of ,  to  provide  for  operating   .        .         .129 

Metropolitan  sewerage  commission,  extra  copies  of  report  to  be  printed         .  664 

may  construct  system  of  sewage  disposal  for  Neponset  river  valley        .  445 

Metropolitan  sewerage  system,  maintenance  and  operation  of  .         .        .         .  301 

Metropolitan  water  board,  to  be  appointed  by  governor 565 

Metropolitan  water  supply,  to  provide  for 56» 

Middlesex  county,  number  of  officers  in  attendance  upon  supreme  judicial, 

superior  and  probate  courts  of,  established 250 

to  provide  for  completion  of  registry  of  deeds  building  at  Cambridge  in  453 

relative  to  county  truant  school  in 493 

clerical  assistance  for  register  of  probate  of 518 

courts  of,  sitting  at  Lowell,  to  provide  additional  accommodations  for  .  592 

tax  granted  for 685 

Military  and  naval  historian,  renewal  of  appointment  of 688 

Military  and  naval  history  of  Massachusetts,  printing  and  distribution  of       .  663 

Militia,  to  increase  efficiency  of 529 

Haverhill  may  take  land  for  use  of 269 

relative  to  armoiy  of,  in  Springfield 695 

Milton,  town  of,  reservation  of  special  spaces  for  use  of  street  railways  in     .  109 

system  of  sewage  disposal  for 329,  445 

Minnesota,  savings  banks,  etc.,  may  invest  in  bonds  of  state  of        .         .         .  173 

Minor  offenders,  to  provide  a  prison  for  confinement  of 672 

Mishkan  Israel,  Congregation  Shaaray  Tefila  consolidated  with       .        .         .  437 

Missouri,  savings  banks,  etc.,  may  invest  in  bonds  of  state  of  .        .         .        .  173 
Moderators,  to  make  recount  of  votes  on  any  question  submitted  to  voters  of 

a  town 308 

Mongolian  pheasants,  etc.,  protection  of 54 

purchase  and  propagation  of 647 

Monroe,  town  of,  Hoosac  Electric  Power  Company  may  construct  and  operate 

lines  for  transmission  of  heat  and  power  in 338 


Index. 


945 


Monson,  state  primary  school  at,  abolished 

repairs  on  buildings  of 

Montague,  town  of,  bridge  may  be  built  across  Connecticut  river,  between 

Deerfield  and 

Mortgages  of  real  estate  by  administrators 

Mount  Herinon  boys'  school,  may  hold  additional  estate    . 

Municipal  court,  city  of  Boston,  clerical  assistance  for 

appointment  of  officers  of  ..... 

Municipal  or  distinct  courts,  in  Boston,  may  sentence  to  house 
Municipal  suffrage  to  women,  to  provide  for  vote  upon  question  of 
Muskeget  island,  town  of  Nantucket  may  take,  for  park  purposes  . 
Mutual  fire  insurance  companies,  with  guaranty  capital,  relative  to. 
Mutual  Fire  Insurance  Company,  Theatre  Owners',  of  Boston,  incorporated 


of  industry 
crantin 


PASE 

476 
645 

404 
130 
352 
118 
517 
224 
483 
489 
189 
336 


Names  of  persons  changed 755 

Nantucket,  town  of,  may  take  Muskeget  island  for  park  purposes    .         .         .  489 

Nantucket  Central  Railroad  Company,  incorporated  ......  95 

Nantucket  county.  Old  Colony  commission  to  mark  historic  spots  in        .         .  535 

Natick,  town  of,  Boston  and  Albany  Railroad  Company  may  take  land  in         .  16 
Natick  and  Cochituate  Street  Railway  Company,  maj'  extend  its  tracks  through 

town  of  Wellesley 61 

Navy  yard,  at  Charlestown,  resolution  concerning  dry  dock  at          .        .        .  704 

Neponset  river  valley,  to  provide  system  of  sewage  disposal  in         .         .         .  445 

Neponset  meadows,  state  board  of  health  to  investigate  sanitary  condition  of  671 

New  Bedford,  city  of,  certain  proceedings  of,  confirmed 517 

New  England  Branch  of  Woman's  Foreign  Missionary  Society  of  the  Method- 
ist Episcopal  Church,  incorporated 81 

New    England    Burglary    Insurance    Company,    time   for    organization    of, 

extended 109 

New  England  Conservatory  of  Music,  may  hold  additional  estate      .         .         .  224 
New  England  Cotton  Manufacturers'  Association,  may  hold  meetings  outside 

the  Commonwealth      ..........  172 

New  England  hospital  for  women  and  children,  may  hold  additional  estate     .  166 
New  England  Shoe  and  Leather  Association,  provision  affecting      .         .         .  175 
New  Hampshire,  establishing  and  marking  boundary  lines  between  this  Com- 
monwealth and,  etc 654,  688 

New  Haven  and  Northampton  Company,  provisions  affecting    ....  278 
New  York,  New  Haven  and  Hartford  Railroad  Company,  provisions  affecting, 

188,  278,  525 
New  York  and  New  England  Railroad  Company,  to  provide  for  incorporation 

of  the  purchasers  of  the  franchise,  etc.,  of         .....  553 

Newbury,  town  of,  regulations  concerning  use  of  certain  wharf  in  .         .         .  62 

Newburyport,  city  of,  organization  of  city  council  of        ....         .  269 

may  borrow  money  beyond  debt  limit,  for  school  purposes     .         .         .  462 


946  Index. 

PAOE 

Newton,  city  of,  limit  of  indebtedness  of,  increased .42 

to  promote  abolition  of  grade  crossings  in 201 

to  divide  ward  five  of,  into  voting  precincts 416 

Newton  and  Boston  Sti'eet  Railway  Company,  may  lease  or  purchase  Newton- 

ville  and  Watertown  street  railway    .......  473 

Niles,  James  P.,  senator,  second  Middlesex  district,  compensation  of      .        .  672 

Nomination  papers,  relative  to  affidavits  to 244 

time  for  filing,  in  Boston 248,  26G 

Nominations  to  public  office,  relative  to 353 

Norfolk  county,  clerical  assistance  for  treasurer  of 127 

Old  Colony  commission  to  mark  historic  spots  in 5ii5 

tax  granted  for 689 

Normal  school,  Bridgcwater,  repairs  and  improvements  at        ...         .  654 

Lowell,  construction  of  buildings  for 388,516 

Worcester,  to  provide  gymnasium  for 662 

repairs  at 671 

Normal  school  buildings,  new,  relative  to  construction  of         ....  388 

Normal  schools,  new,  organization  of 262 

North  Adams,  city  of,  incorporated 135 

construction  of  new  normal  school  building  in 388 

North  Adams,  town  of,  may  guarantee  payment  of  bonds,  etc.,  of  North  Adams 

Fire  District 158 

Iloosac  Electric  Power  Company  may  construct  and  operate  lines  for 

transmission  of  heat  and  power  in 338 

Iloosac  Valley  Street  Railway  Company  may  construct  and  operate  its 

road  in 373 

North  Adams  Fire  District,  may  issue  bonds  for  refunding  its  notes,  etc.         .  157 

North  Attleborough,  town  of,  water  supply  for 207 

North  Bridgewater,  town  of,  in  favor  of  certain  veterans  of     ....  699 

North  Brookfield,  additional  water  loan  for 485 

North  End  Street  Railway  Company,  Worcester  Consolidated  Street  Railway 

Company  may  lease  property  of 625 

North  metropolitan  system  of  sewerage,  to  provide  for  operation  of        .         .129 

Northampton,  city  of,  changing  manner  of  electing  trustees  of  Forbes  Library  in  25 

abolition  of  grade  crossings  in .  230 

city  council  of,  to  establish  ordinances,  etc ,        .  293 

may  accept  certain  gift ,  456 

Northampton  lunatic  hospital,  improvements  at         ..••..  669 

Northampton  Street  Railway  Company,  provisions  affecting      ....  373 

Northfleld  seminar}',  may  hold  additional  estate 344 

Norton,  town  of,  fire  district  to  be  established  in .64 

water  supply  for 77 

Norwood,  town  of,  First  Congregational  Parish  in,  may  convey  its  property 

to  First  Congregational  Church  in      . 70 

Notaries  public,  etc.,  must  be  satisfied  as  to  identity  of  person  making  oath  to 

nomination  paper 244 

eligible  to  office  of  license  commissioner 424 


Index.  947 

FAOX 

Notary  public,  Edward  de  Feo,  acts  confirmed 651 

John  S.  Gile,  acts  couflrmed 645 

Lewis  W  Howes,  acts  confirmed 672 

Nurses,  army,  made  eligible  to  receive  state  aid 410 

o. 

Oakland  Cemetery  Association,  incorporated 118 

Oblate  Fathers  for  Missions  among  Poor,  Society  of,  may  hold  additional 

estate 76 

Obscene  literature,  disposition  of  fines  imposed  for  publishing  and  distributing  172 
Odd  Fellows,  Independent  Order  of,  subordinate  encampments  may  hold  and 

convey  estate  as  voluntary  associations 268 

OfTal,  etc.,  penalty  for  feeding,  to  food  animals,  except  swine  ....  428 

Oflice,  public,  relative  to  nominations  to 353 

Officers  in  attendance  upon  courts  in  county  of  Middlesex,  fixing  number  of, 

and  establishing  their  salaries 250 

Old  Colony  commission,  established 534 

Onions,  standard  weight  of  bushel  of,  established 29 

Onset  Bay  Fire  District,  proceedings  confirmed          ......  3G0 

Opium,  sale  and  use  of,  prohibited 199 

Overseers  of  poor,  may  oblige  persons  applying  for  public  aid  to  perform 

labor,  etc 492 

Oyster  culture,  relative  to 288 

Oyster  pond  in  Diikes  County,  commissioners  on  inland  fisheries  and  game 

may  lease 183 

P. 

Pages,  additional  number  of,  may  be  appointed 15 

Palmer,  town  of,  proceedings  at  town  meeting  confirmed          ....  404 

Pardons  granted  in  1894,  list  of 726 

Parish,  First  Congregational,  in  Norwood,  may  convey,  its  property  to  First 

Congregational  Church  in  Norwood   .......  70 

Park,  national  military,  on  battlefields  of  Chickamauga  and  Chattanooga, 

dedication  of 693 

Park  commission,  metropolitan,  taking  of  Revere  beach  by       .        .         .         .  334 

powers  and  duties  of .        . 604 

Parker,  George,  town  of  Watertown  may  pay  pension  to  .         .         .         .         .  341 

Parks,  Jane,  in  favor  of 668 

Parks,  in  Cambridge,  to  be  under  control  of  park  commissioners      .         .         .  243 

Chelsea  may  borrow  money  for  acquiring  and  improving         .         .         .  354 

Parole,  release  of  prisoners  on,  from  state  prison       ......  255 

Pawnbrokers,  regulating  the  business  of    .......        .  614 

Paxton,  town  of,  water  supply  for 194,  227 

Payment  of  wages,  weekly,  law  relative  to,  to  apply  to  persons  and  partner- 
ships      484 


948  Index. 

FAOB 

Peabody,  town   of,  board   of  health  to  consider  and   report  on  system  of 

sewage  disposal  for 691 

People's  Savings  Bank,  of  Brockton,  incorporated 32 

Personal  property,  regulating  the  making  of  loans  upon  pledges  of .         .         .  C14 
Peterborough  railroad,  may  be  leased  to  Boston  and  Lowell  Railroad  Cor- 
poration      ............  25 

Pharmacy,  board  of  registration  in,  codification  of  laws  relating  to  .         .         .  657 

Pheasants,  Mongolian,  etc.,  protection  of  ........  54 

purchase  and  propagation  of 647 

Physicians'  certificates,  for  commitment  of  insane,  relative  to  .         .         .         .  477 

Physicians  and  surgeons,  registration  of 455 

Pickerel,  less  than  ten  inches  in  length,  not  to  be  taken  in  Berkshire  county  .  203 

Pittsfield,  city  of,  charter  revised 311 

may  refund  portion  of  its  water  debt 381 

Plainville  Water  Company,  incorporated 237 

Pleasure  resorts,  street  railway  companies  may  acquire  and  hold  real  estate 

for  purposes  of 341 

Plumbing,  law  regulating,  not  to  be  operative  until  accepted    ....  515 

Plymouth,  town  of,  may  refund  its  debt 225 

time  of  payment  of  certain  debts  extended 225 

may  sell  certain  real  estate 230 

Plymouth  county.  Old  Colony  commission  to  mark  historic  spots  in         .         .  635 

tax  granted  for 687 

Plymouth,  N.  H.,  joint  tenancy  of  fish  hatching  station  at,  to  be  discontinued  699 

Police,  board  of,  Fall  River,  members  of,  ineligible  to  certain  other  oftices  171 

powers  extended 386 

Police,  of  city  of  Lowell,  may  be  placed  in  charge  of  commission     .         .         .  186 

in  Somerville,  reserve  force  may  be  appointed 200 

Police  court  of  Brockton,  salary  of  clerk  established 618 

Police,  district,  an  additional  member  of  detective  department   of,  to   be 

appointed 441 

additional  members  of  inspection  department  of,  to  be  appointed  .         .  464 

members  of  boiler  inspection  department  of,  to  enforce  law  regulating 

steam  engineering 534 

Police,  district  or  municipal  courts,  vacation  of  judgments  and  writs  of  re- 
view in,  etc.         ...........  231 

compensation  of  clerks  pro  tempore  of 250 

Police  officer,  district,  special,  to  be  appointed  to  enforce  laws  for  protection 

of  infants 338 

Police  ofllcers,  may  be  appointed  upon  street  railways,  to  protect  public  from 

annoyance 342 

Policies,  life  insurance,  not  to  be  issued  without  previous  medical  examination  415 

Political  committees  and  caucuses,  relative  to 582 

law  of  1894  relative  to,  repealed 620 

Political  party,  names  of  persons  nominated  by,  to  be  placed  upon  official 

ballot  under  certain  conditions 353 

term  defined 682 


Index. 


949 


Polling  places,  distribution  of  circulars,  etc.,  in  vicinity  of,  prohibited 

Polls  and  estates,  as  basis  for  state  and  county  taxes,  established     . 

Poor  debtor  proceedings  before  inferior  courts,  certain  provisions  of  law 

relative  to,  repealed 

Portraits  of  governors,  relative  to  collection  of         .         .        . 

resolution  concerning 

Postage  and  expressage  on  documents,  providing  for  payment  of 
Posters,  etc.,  not  to  be  circulated,  etc.,  in  polling  places  . 
Poultry  associations,  payment  of  bounties  to,  in  certain  cases  . 
Preference  of  veterans  for  employment  in  the  public  service,  relative  to  . 
Preferences  in  assignment  of  parts  of  real  property,  law  relative  to,  repealed 

Primary  school  at  Monson,  abolished 

Prison,  for  confinement  of  minor  oflenders,  to  provide  for  erecting 
I'eformatory,  for  women,  sentences  to      ...        . 
removal  of  persons  unlawfully  occupying  premises  of 

repairs  at 

state,  etc.,  removal  of  persons  unlawfully  occupying  premises  of 
release  of  prisoners  from,  on  parole      .... 

relative  to  sentences  to 

repairs,  etc.,  at 

Prisoners,  release  of,  from  state  prison,  on  parole     . 

illiterate,  to  be  taught  to  read  and  write  .... 
committed  to  county  prisons  by  United  States  courts,  removal  of  . 
in  county  prisons,  relative  to  exercise  for,  when  unemployed 
medical  supervision  of,  when  confined  in  solitary  cells 

agent  for  aiding  discharged,  duties  of 

Prisons,  commissioners  of,  to  make  rules  to  secure  to  certain  unemployed 

convicts  proper  exercise,  etc 

to  make  rules  to  secure  medical  supervision  of  prisoners  confined  in  sol 

itary  cells,  in  county  prisons 

may  remove  from  one  jail,  etc.,  to  another,  prisoners   committed  by 

United  States  courts 

clerical  assistance  for        ........ 

Prisons,  general  superintendent  of,  tenure  of  office  of       .        .        . 
Prisons,  county,  relative  to  exercise  for  unemployed  convicts  in 

medical  supervision  of  prisoners  confined  in  solitary  cells  in  . 
removal  of  prisoners  committed  to,  by  United  States  courts  . 
Probate  causes,  jury  trials  in,  law  relative  to,  amended     . 
Probate  court,  may  authorize  executors,  etc.,  to  sell  real  estate  in  certain  cases 

Probate  courts,  relative  to  accounts  in 

accounts  of  trustees  and  guardians  in       ...        . 
Probate  courts  and  courts  of  insolvency,  to  be  always  kept  open  except  on 

holidays 

Probate  and  Insolvency,  register  of,  county  of  Essex,  clerical  assistance  in 

office  of 

county  of  Middlesex,  clerical  assistance  for     . 
county  of  Suffolk,  clerical  assistance  in  office  of 


PAGE 

276 
84 

337 
660 
705 
97 
276 
395 
618 
108 
476 
672 
221 
131 
669 
131 
255 
624 
673 
255 
262 
275 
134 
200 
426 

134 

200 

275 
479 
353 
134 
200 
275 
108 
131 
217 
294 

220 

178 
518 
414 


950 


Index. 


Proof,  etc.,  of  written  instrumeuts,  relative  to 

Property  insurance,  relative  to  certain  classes  of 

Public  aid,  relative  to  persons  receiving 

Public  buildings  and  schoolhouses,  display  of  flags,  etc.,  upon 

Public  documents,  reportof  insurance  commissioner,  Part  II.,  edition  increased 

report  of  attorney-general,  increased  number  of  copies  to  be  printed 

report  of  gas  and  electric  light  commissioners,  fixing  number  of,  to  be 
printed         

report  of  the  metropolitan  water  board,  to  be  made  one  of  the 

Public  office,  relative  to  nominations  to 

Public  schools,  to  be  furnished  with  national  flags 

high  and  grammar,  to  be  supplied  with  copies  of  legislative  manual 
Public  service,  employment  in,  veterans  to  have  preference  for 
Public  Statutes,  a  second  supplement  to,  to  be  prepared  and  published    . 

tables  showing  changes  in  .         .        / 

Public  warehousemen,  law  relative  to,  amended 

Pynchon  Safe  Deposit  and  Trust  Company,  incorporated  .... 


PASB 

518 
639 
492 
107 
54 
98 

522 
566 
353 
183 
650 
618 
413 
789 
390 
185 


Q. 


Quincy,  city  of,  Boston  may  sell  a  parcel  of  land  in 102 

may  construct  a  system  of  sewerage 279 

Quincy  Quarry   Company,  may  construct  railroad  in   Quincy  to  transport 

granite,  etc. 188 


K. 

Race  or  color,  to  prevent  discrimination  on  account  of      ....        .  619 
Railroad  Corporations: 

Boston  and   Albany,   ma)'   change  location   of    its  road    across   lake 

Cochituate 16 

provisions  aff'ecting 201,278 

Boston  and  Lowell,  may  lease  Peterborough  railroad      ....  25 
Boston  and  Maine,  to  discontinue  running  certain  trains  in  city  of 

Lowell 133 

Peterborough  railroad  may  be  transferred  to 25 

Lowell  and  Andover,  provisions  afiecting 133 

Lowell  and  Lawrence,  provisions  afl'ecting        ......  134 

Nantucket  Central,  incorporated 95 

New  York,  New  Haven  and  Hartford,  provisions  aff'ecting      .        188,  278,  625 
New  York  and   New  England,  to  provide   for  the   incorporation   of 

purchasers  of  the  franchises,  etc.,  of          ......  553 

Peterborough,  may  lease  its  road  to  Boston  and  Lowell  Railroad  Cor- 
poration         25 

Worcester,  Nashua  and  Rochester,  may  issue  bonds,  etc.        .         .        .  456 
Worcester  and  Shrewsbury,  time  for  construction  of  road  of,  over  lake 

Quinsigamond,  extended 175 


Index.  951 

PAGE 

Railroad  commissioners,  to  require  street  railway  companies  to  heat  cars 

when  in  use 128 

providing  an  assistant  clerk  for         ........  340 

may  authorize  street  railway  companies  to  increase  capital  stock,  etc., 

for  purpose  of  establishing  pleasure  resorts       .....  341 

duties  of,  relative  to  equipping  certain  locomotives  and  cars  with  safety 

appliances 412 

to  require  street  railway  companies  to  equip  their  cars  with  fenders, 

etc.,  in  certain  cases 424 

Railroad  corporations,  to  prohibit  obstruction  of  highways  by  receivers  and 

assignees  of 178 

liability  of,  for  damages  from  fires  caused  by  locomotive  engines  .         .  300 
may  tile  location  of  lauds  purchased  for  railroad  purposes       .         .         .  402 
certain  locomotives  and  cars  used  by,  to  be  equipped  with  safety  appli- 
ances      411 

Railroads,  relative  to  abolition  of  grade  crossings  of 103 

in  foreign  countries,  taxation  of  corporations  formed  to  construct         .  309 

relative  to  crossings  of,  at  grade,  by  street  railways       ....  475 

Railroads  and  public  ways,  grade  crossings  of,  in  East  Boston          .        .         .  590 

Railway  cars,  street,  providing  for  heatiug 128 

Railway  Company,  Fall  River  Electric  Freight,  time   for  construction   of, 

extended 128 

Randolph,  town  of,  Edison  Electric  Illuminating  Company  of  Brockton  may 

extend  its  wires,  etc.,  into 380 

Reading,  town  of,  may  borrow  money  for  school  purposes        ....  223 

Real  estate,  mortgages  of,  by  administrators 130 

subject  to  remainder,  sale  of,  authorized 184 

record  of  executions  on 484 

Real  property,  provisions  of  law  relative  to  preferences  in  assignment  of  parts 

of,  repealed 108 

Receivers   of   railroad  corporations,   to   prohibit  obstruction   of    highways 

by 178 

Record  of  executions  on  real  estate,  relative  to 484 

Records,  war,  in  office  of  adjutant  general,  completion  of  index  to  .        .        .  696 
Recount  of  votes  on  question  of  granting  licenses  for  sale  of  Intoxicating 

liquors,  to  provide  for         .         .         .         .         .         .         .         .         .  83 

Recounting  of  ballots,  relative  to         ........         .  307 

Recreation,  etc.,  street  railway  companies  may  acquire  and  hold  real  estate  for 

purposes  of 341 

Reformatory,  Massachusetts,  removal  of  persons  unlawfully  occupying  prem- 
ises of 131 

providing  a  school  building  for         ........  656 

providing  a  new  workshop  at,  etc 671 

Reformatory  prison  for  women,  removal  of  persons  unlawfully  occupying 

premises  of 131 

sentences  to        ...........         .  221 

repairs  at 6G9 


952 


Index. 


clerical  assistance  in 


Register  of  probate  and  insolvency,  county  of  Essex 

ollice  of        ...........         .  178 

county  of  IMiddlesex,  clerical  assistance  for     ......  518 

county  of  Sullolk,  clerical  assistance  for 414 

Registers  and  assistant  registers  of  deeds,  establishing  salaries  of,  etc.    .         .  594 

Registrar  of  labor,  providing  for  appointment  of 419 

Registrars  of  voters,  duties  of 59 

eligibility  of  persons  to  be  appointed  as 215 

to  make  recount  of  votes  cast  at  city  or  town  elections  ....  307 

in  towns,  sessions  of 27 

Registration  of  agents  of  domestic  insurance  companies,  relative  to       .         .  42 

Registration  in  medicine,  board  of,  extra  copies  of  report  to  be  printed  .         .  657 

law  relative  to  appointment  of,  amended 455 

Registration  in  pharmacy,  board  of,  codification  of  laws  relating  to        .         .  657 

Registration  of  physicians  and  surgeons,  relative  to 455 

Registration  of  voters,  relative  to 4,  59 

proceedings  in  cases  of  violation  of  law  relative  to         .        .         .         .401 

Registration  returns,  providing  for  indexes  to 648 

Registry  of  deeds  building,  in  city  of  Cambridge,  to  provide  for  completion  of  453 

Release  of  prisoners  on  parole,  from  state  prison 255 

Remainder,  sale  of  estates  subject  to 184 

Rents  for  use  of  common  sewers,  liens  for,  shall  attach  to  real  estate      .         .  108 

Replevin  bonds,  approval  of  sureties  on 434 

Report,  of  board  of  agriculture,  on  gypsy  moth,  to  provide  for  printing  .         .  649 

of  attorney-general,  increased  number  of  copies  to  be  printed        .         .  98 

of  cattle  commissioners,  extra  copies  of  report  to  be  printed .         .        .  649 

of  joint  board  on  improvement  of  Charles  river,  providing  for  printing  663 

extending  time  for  making 689 

of  decennial  census,  printing  and  distribution  of 659 

of  committee  appointed  to  prepare  historj'  of  codfish  in  house  of  repre- 
sentatives, to  be  printed 666 

of  gas  and  electric  light  commissioners,  fixing  number  to  be  printed      .  522 

of  board  of  harbor  and  land  commissioners,  to  be  reprinted   .         .         .  648 

on  condition  of  Boston  harljor,  to  be  made  by 668 

of  board  of  health,  on  subject  of  metropolitan  water  supply,  additional 

copies  to  be  printed,  etc 643,  644 


of  insurance  commissioner,  providing  for  additional  copies  of  Part  II. 
on  boundary  line  between  Massachusetts  and  New  Hampshire,  to  pro 

vide  for  binding 

of  board  of  registration  in  medicine,  extra  copies  to  be  printed 
of  metropolitan  district  commission,  time  for  making,  extended,  etc. 
of  metropolitan  sewerage  commission,  extra  copies  to  be  printed  . 
of  commissioners  on  topographical  survey,  extra  copies  to  be  printed 
on  subject  of  unemployed,  farther  time  given  to  board  to  make  report 

additional  copies  to  be  printed 

of  board  of  managers  of  world's  Columbian  exposition,  copies  of,  to  be 
supplied  to  Massachusetts  exhibitors 

extra  copies  to  be  printed 


54 

654 
657 
651 
6G4 
649 
658 
647 

648 
649 


Index. 


953 


Resolutions  : 

on  death  of  Oliver  Shaw 

on  death  of  Henry  Y.  Simpson 

relative  to  dry  dock  at  Charlestown  navy  yard 

on  death  of  Gilbert  Cooke 

concerning  portraits  of  former  governors 

on  death  of  Frederick  Douglass         .... 

on  suppression  of  the  lottery  traffic  .... 

on  uniform  hours  of  labor 

on  claims  for  removal  of  wrecks  from  tide  waters  . 

on  death  of  Frank  S.  Bennett 

on  death  of  Gen.  Wm.  Cogswell        .... 

on  death  of  W.  H.  Burges 

Retractions,  in  actions  for  libel,  relative  to        .        .        . 
Returns,  annual,  of  co-operative  banks,  relative  to     . 

registration,  providing  for  indexes  to       .        .        . 
Revere  beach,  taking  of,  for  park  purposes 
Review,  writs  of  and  petitions  for,  etc.,  in  supreme  judicial 

police,  district  or  municipal  courts     . 
Richmond,  town  of,  water  supply  for          .... 
Road  rollers,  certain  towns  to  be  furnished  with,  by  the  Commonwealth 
Roads,  macadamized,  construction  of,  in  towns 
Roads,  sidewalks  aud  sewers,  in  Boston,  relative  to 
Rocks  bridge,  over  Merrimac  river,  easterly  abutment  of,  to  be  rebuilt 
Roe,  Alfred  S.,  publication  of  historical  address  delivered  by,  etc.  . 
Russell,  town  of,  may  make  regulations,  etc.,  concerning  its  highways 
Rutland,  town  of,  water  supply  for 


superior  and 


643,  6 


703 
703 
704 
704 
705 
705 
706 
706 
707 
707 
708 
709 
489 
177 
648 
334 

231 
544 

558 
558 
595 
383 
'0,  673 
82 
167 


s. 


Safe  Deposit  and  Trust  Company,  Pynchon,  incorporated         ....  185 

United  States,  name  changed  to  United  States  Trust  Company       .         .  30 

Safety  appliances,  certain  locomotives  and  cars  to  be  equipped  with        .         .  411 

Salaries : 

doorkeepers,  messengers,  etc 198 

officers  of  supreme  judicial,  superior  and  probate  courts  of  Middlesex 

county 250 

sergeant-at-arms 289 

employees  of  state  fire  marshal 515 

registers  aud  assistant  registers  of  deeds 594 

clerk  of  police  court  of  Brockton     .         .' 618 

Salaries  of  state  employees,  monthly,  treasurer  may  pay  percentage  of,  in 

advance 32 

Sale,  of  electricity,  for  heating  and  cooking       .......  472 

of  intoxicating  liquors,  recount  of  votes  cast  on  question  of  .         .         .  83 

prohibited  on  certain  holidays 380 


954 


Index. 


104 
32 

173 

177 
63 
654 
352 
653 
654 
516 
662,  671 
657 


PASK 

Salem,  city  of,  board  of  overseers  of  the  poor,  election,  etc 472 

board  of  health  to  consider  and  report  on  a  system  of  sewage  disposal 

for 691 

Saturdays,  relative  to  bankini^  hours  on 203,  457 

Sauirns,  town  of,  may  borrow  money  beyond  debt  limit,  for  school  purposes        98 
Savings  Banks: 

Bay  State,  incorporated 

People's,  of  Brockton,  incorporated 

Savings  banks,  may  invest,  etc.,  in  bonds  of  states  of  Missouri  and  Minnesota. 

etc 

commissioners  of,  co-operative  banks  to  make  annual  return  to 
may  employ  expert  and  clerical  assistants     .... 
School,  Lyman,  for  boys,  providing  a  new  stock  barn  for 
Mount  Ilermon  boys',  may  hold  additional  estate 

state  industrial,  for  girls,  repairs  to  buildings  of,  and  water  supply  for 
normal,  at  Bridgewater,  repairs  and  improvements  at     .         .        • 
at  Lowell,  additional  appropriation  for  construction  of  buildings  of 

Worcester,  repairs  at,  etc 

School  attendance  and  truancj*,  investigation  of  subject  of       .        .         . 
School  children,  in  towns  in  which  a  high  school  is  not  maintained,  tuition  of 
in  an  academy  of  equal  grade  may  be  paid  by  the  town    . 
attending  school  in  another  town,  payment  of  tuition  to  be  reimbursed 

in  certain  cases 

School  committees,  to  furnish  public  schools  with  national  flags 
Schoolhouses,  public  buildings  and,  relative  to  display  of  flags,  etc.,  upon 
to  provide  for  construction  of  certain,  in  city  of  Boston 

Schools,  new  state  normal,  organization  of 

public,  to  be  furnished  with  national  flags         ..... 

certain,  to  be  supplied  with  copies  of  legislative  manual 
superintendent  of,  any  two  or  more  towns  in  Dukes  County  may  unite 

in  employment  of 

textile,  establishment  of 

Scituate,  town  of,  in  favor  of  certain  veterans  of 

Secretary  of  the  Commonwealth,  to  pay  postage  and  express  charges  on  doc 

nments  sent  to  members  of  general  court 

to  inspect  statements  filed  under  act  to  prevent   corrupt  practices  in 
elections       ........... 

filing  of  nomination  papers  in  olhce  of 

additional  clerical  assistance  in  oflice  of 

filing  and  recording  trade-marks,  labels,  etc.,  in  oflice  of 

lists  of  political  committees  to  be  filed  in  oflice  of  . 

to  replace  defective  ballot  boxes,  at  expense  of  cities  and  towns    . 

to  provide  indexes  to  registration  returns 

to  provide  indexes  to  Massachusetts  archives 

to  furnish  copies  of  early  acts  and  resolves  to  certain  public  officers 
to  prepare  and  print  a  I'evised  draft  of  constitution 
Seminary,  Northfleld,  may  hold  additional  estate      ..... 


218 
183 
107 
452 
262 
183 
650 

417 
542 
698 


247 
266 
443 
519 
684 
638 
648 
648 
651 
691 
344 


Index.  955 

PAGK 

Sentences,  to  reformatory  prison  for  women,  relative  to 221 

in  criminal  cases,  relative  to 532 

to  state  prison,  relative  to 624 

Sergeant-at-arms,  may  draw  sums  of  money  in  advance  from  treasury      .        .  15 

may  appoint  additional  pages 15 

duties  deflned  and  salary  established 28J> 

bills  for  publication  of  bulletin  of  committee  hearings  to  be  approved 

by 643 

Sewage  Disposal  : 

Andover,  may  construct  system  of   .......         .  428 

Concord,  may  construct  system  of 161 

Fairhaven,  may  construct  system  of          .......  123 

Hudson,  may  construct  system  of 119 

Maiden,  relative  to  s}-stera  of 490 

Melrose,  may  construct  system  of 275 

Milton,  may  construct  system  of 329 

Nepouset  river  valley,  system  of,  to  be  constructed  in  the       .         .         .  445 

Quiucy,  may  construct  system  of 279 

for  Salem  and  Peabody,  board  of  health  to  consider  and  report  on 

system  of 691 

Somerville,  authorized  to  construct  system  of,  through  certain  portion 

of  Cambridge 344 

Taunton,  may  construct  system  of 221 

Sewer  commissioners,  Fairhaven  may  elect  board  of .        .....  123 

Taunton  may  elect  board  of 221 

Sewerage,  north  metropolitan  system  of,  to  provide  for  operating    .         .         .129 

Sewerage  commission,  metropolitan,  extra  copies  of  report  to  be  printed        .  664 

Sewerage  Loan  : 

Andover 430 

Brockton 33 

Concord 162 

Fairhaven 122 

Hudson 120 

Melrose 275 

Metropolitan 301,  449 

Milton 333 

Quincy 284 

Somerville 403 

Sewerage  system,  metropolitan,  maintenance  and  operation  of         .        .         .  301 

Sewers,  liens  for  annual  rents  of,  shall  attach  to  real  estate      ....  108 
extending  powers   of   cities  and   towns  concerning   adoption  of  acts 

relative  to 119 

may  be  laid  in  private  streets 226 

in  Boston,  relative  to  assessments  for,  etc.       .....        305,  595 

relative  to,  in  Somerville  and  Medford 257 

Shaaray  Tefila,  Congregation,  consolidated  with  Congregation  Mishkan  Israel  437 

Shad  and  alewife  fishing  in  Merrimac  river,  removing  restrictions  upon  .         .  83 


956 


Index. 


its  buildinff 


Shattuck  Street  Universalist  Society,  of  Lowell,  name  changed  to  Grace  Uni 

versalist  Society 

Shaw,  Oliver,  resolutions  on  death  of         .         .         . 

ShelHeld,  town  of,  water  supply  for    .... 

Sheffield  Water  Company,  incorporated 

Sherman  pond,  in  Brimfiekl,  relative  to  taking  of  fish  in 

Ship  Canal  Company,  Massachusetts,  incorporated    . 

Shipley,  Joseph  L.,  in  favor  of  widow  of  . 

Shoe  and  Leather  Building  Association,  incorporated 

Short,  Catherine  J.,  city  of  Boston  may  pay  sum  of  money  to 

Shurtleff,  William  S.,  in  favor  of         .... 

Sidewalks,  construction,  etc.,  of,  in  cities  . 

in  Boston,  relative  to  assessments  for,  etc. 
Simpson,  Henry  Y. ,  resolutions  on  death  of 

in  favor  of  widow  of 

Smith,  Henry  A.,  justice  of  the  peace,  acts  confirmed 
Smoke  nuisance,  in  Boston,  to  abate  .... 
Societies  : 

Berkeley  Street  Congregational,  may  make  additions  to 
Boston  Fatherless  and  Widows',  may  hold  additional  property 

First  Baptist,  of  Marblehead,  dissolved 

First  Congregational,  in  East  Longmeadow,  name  established 

Grace  Universalist,  of  Lowell,  name  established 

Massachusetts  Charitable,  may  lix  time  and  places  for  its  meetin. 

Massaclmsetts  Horticultural,  may  hold  additional  estate 

New  England  Branch  of  Woman's  Foreign  Missionary,  of  the  Methodist 

Episcopal  Church,  incorporated 
Oblate  Fathers   for  Missions   among  the  Poor,  may  hold  additional 

estate  

Shattuck  Street  Universalist,  of  Lowell,  name  changed  to  Grace  Univer 
salist  Society       ...... 

Third  Religious,  in  Longmeadow,  name  changed  to  First  Congregational 
Society  in  East  Longmeadow      .... 

West  Congregational,  of  Warren,  proceedings  ratified 

Woman's  Foreign  Missionary,  of  Yearly  Meeting  of  Friends  for  New 

England,  may  hold  its  meetings  outside  the  Commonwealth 

Soldiers  and  sailors,  veteran,  exempt  from   payment  of  fee  for  insurance 

broker's  license 

exempt  from  payment  of  fee  for  auctioneer's  license    . 
to  be  given  preference  for  employment  in  the  public  service 
disabled,  exempt  from  taxation  to  a  certain  amount 

Soldiers'  home,  in  favor  of  trustees  of 

Solitary   cells,  medical    supervision    of    prisoners    confined    in,    in    county 
prisons         ....... 

Somerset,  town  of,  Fall  River  and  Providence  Street  Railway  Company  may 

lay  its  tracks  in 

water  supply  for 


63 
703 
111 
111 
455 
522 
695 
175 
254 
691 
491 
305,  595 
703 
695 
647 
435 


340 

166 

417 

81 

63 

30 

396 


63 

81 
63 

76 

171 
516 
618 
204 
647 

200 

394 
559 


Index.  957 

PAGE 

Somerville,  city  of,  providing  reserve  police  force  for 200 

relative  to  sewers  in 257 

autliorized  to  build  sewer  through  certain  portion  of  city  of  Cambridge  344 

may  borrow  money  for  sewer  pui-poses 403' 

South  Hadley,  town  of,  Fire  District  Number  One  of,  may  take  additional  land 

for  protection  of  water  supply 61 

Special  commissioners,  compensation  of 106- 

Special  district  police  officer,  to  be  appointed  to  enforce  laws  for  protection 

of  infants 338 

Special  elections,  registration  of  voters  for 4 

Special  messages,  to  the  legislature 726- 

Specifications,  to  be  furnished  to  employees  in  certain  factories        .         .        .  133 

Spencer  Co-operative  Bank,  dissolved 176 

Springfield,  city  of,  The  Industrial  House  Charities  of,  incorporated        .        .  74 

Pynchon  Safe  Deposit  Company  in,  incorporated    .....  185 

may  take  land,  etc.,  for  public  school  buildings 217 

relative  to  armory  in 695 

Springfield  Gas  Light  Company,  may  extend  its  pipes  into  West  Springfield, 

etc 166 

Stables,  in  cities,  licensing  and  regulating  of 219 

Standard  policy  of  insurance,  form  of,  amended         ......  56 

Standard  weight  of  bushel  of  onions,  established 29 

Standing  committees  of  churches,  number  of  members  of,  increased        .        .  103 

State  aid,  certain  army  nui'ses  made  eligible  to  receive 410 

State  almshouse,  repairs  and  improvements  at 661 

State  asylum  for  insane  criminals,  established 436 

State  board,  of  agriculture,  may  pay  to  certain  poultry  associations  portion  of 

bounty  allowed  for  agricultural  societies 395 

dairy  bureau  of,  annual  appropriation  for,  increased    ....  219 
special  report  of,  on  gypsy  moth,  to  provide  for  printing    .         .        .  649 
of  education,  to  provide  messenger  and  clerical  service  for     .         .         .  127 
to  have  charge  of  appropriation  for  new  normal  school  buildings         .  388 
to  publish  a  course  of  instruction  in  drawing        .....  655 
to  investigate  subject  of  school  attendance  and  truancy      .         .        .  657 
of  health,  to  investigate  sanitary  condition  of  Neponset  meadows          .  671 
to  examine  and  report  on  system  of  drainage,  etc.,  for  Salem  and  Pea- 
body     691 

additional  copies   of  report  on  metropolitan  water  supply,  to  be 

printed,  etc 643,  644 

State  boards  and  commissions,  etc.,  attorney-general  to  advise,  etc.         .        .  418 

State  farm,  repairs  and  improvements  at 660 

State  fire  marshal,  salaries  of  employees  of        ......        .  515 

State  highways,  construction  of  .         .........  389 

State  house,  care  and  custody  of 289,  665 

Bulfinch,  to  provide  for  preservation  of 652 

State  house  extension,  to  provide  for  completion  of 589 

State  house  loans  sinking  funds,  consolidation  of 36 


958  Index. 

PAGE 

State  lunatic  hospital  at  Northampton,  improvements  at fi69 

State  military  and  uaval  historian,  renewal  of  appointment  of  .         .         .        .  688 

State  normal  school,  Bridgewater,  improvements  at 654 

Lowell,  additional  amount  appropriated  for  construction  of  buildings  of  516 

Worcester,  to  provide  gymnasium  for,  etc.      .....        662,  671 

State  normal  school  buildings,  new,  relative  to  construction  of         .        .         .  388 

State  normal  schools,  new,  organization  of 262 

State  primary  schpol  at  Monson,  abolished 476 

repairs  at 645 

State  prison,  removal  of  persons  unlawfully  occupying  premises  of         .         .  131 

release  of  prisoners  from,  on  parole 255 

relative  to  sentences  to 624 

repairs,  etc.,  at 673 

State  tax,  apportioned  and  assessed 596 

Statements  filed  under  act  to  prevent  corrupt  practices  in  elections,  relative  to  247 

Statistics  of  labor,  bureau  of,  to  publish  and  distribute  bulletin        .        .         .  298 

payment  of  additional  rent  for,  for  storage  purposes      ....  646 

Statutes,  Public,  second  supplement  to,  to  be  prepared  and  published      .         .  413 

tables  showing  changes  in 789 

Steam  boilers,  inspection  of 462 

Steam  engineering,  regulated 533 

Stickney  fund,  trustees  of,  amendment  to  act  incorporating      ....  130 

Stoneham,  town  of,  boundary  line  between  Melrose  and,  located  and  defined  184 

part  of  Woburti  annexed  to 305 

in  favor  of  certain  veterans  of 696 

Street  railway  cars,  to  be  heated  when  in  use 128 

to  be  equipped  with  fenders  and  wheel  guards,  in  certain  cases       .         .  424 
Street  railway  companies,  liability  of,  for  damages  from  fires  caused  by  loco- 
motive engines 300 

may  acquire  and  hold  real  estate  for  pleasure  resorts       ....  341 
Street  Railway  Corporations  : 

Attleborough,  North  Attleborough  and  "Wrentham,  provision  affecting  493 

Fall  River  and  Providence,  incorporated 393 

Fitchburg  and  Leominster,  time  for  location  and  construction  of,  ex- 
tended            97 

Greenfield  and  Turner's  Falls,  may  construct  bridge  across  Connecticut 

river    .............  404 

Highland,  may  enter  into  contracts  of  purchase  or  lease  with  Woronoco 

Street  Railway  Company 371 

Hoosac  Valley,  may  extend  its  road  into  towns  of  Williamstown  and 

Clarksburg 373 

Interstate  Consolidated,  may  acquire  and  operate  certain  other  street 

railways 493 

Lowell,  Lawrence  and  Haverhill,  provisions  affecting     ....  228 
Natick  and  Cochituate,  may  extend  its  tracks  through  town  of  "Wellesley  61 
Newton  and  Boston,  may  lease  or  purchase  Newtouville  and  Water- 
town  Street  Railway 47S 


Index. 


959 


Street  Railway  Corporations  —  Concluded. 

Nevvtonville  and  Watertown,  may  enter  into  contracts  of  purchase  or 

lease  with  Newton  and  Boston  Street  Railway  Company . 
North  End,  Worcester  Consolidated  Street  Railway  Company  may  lease 

property  of 

Northampton,  provision  affecting      .... 

Western  Hampshire,  incorporated 

Worcester  Consolidated,  may  lease  property  of  North  End  Street  Rail 

way  Company 

Woronoco,  may  enter  into  contracts  of  purchase  or  lease  with  Highland 

Street  Railway  Company 

Street  railway  tracks,  in  town  of  Milton,  special  spaces  to  be  reserved  for 
Street  railways,  police  officers  may  be  appointed  on,  to  protect  public  from 
annoyance,  etc 


Iroads 


473 

625 
373 
371 

625 

371 
109 


342 
475 
226 
185 
616 
486 
414 
254 


relative  to  crossings  of,  at  grade,  by  steam  rai 
Streets,  private,  sewers  may  be  laid  in 

tn  towns,  relative  to  watering  of 

in  Boston,  certain,  may  be  widened,  etc.  . 
Subways,  construction  of,  in  city  of  Boston 
Suffolk  county,  clerical  assistance  in  office  of  register  of  probate,  etc.,  of 

superior  court  for  equity  business  in,  assistant  clerk  for,  to  be  appointed 

superior  court  for,  civil  session,  assistant  clerk  to  be  appointed    .       438,  547 

Sunday  law,  so-called,  amended 480 

Superintendent  of  prisons,  general,  tenure  of  office  of       .....       353 
Supei'intendeut  of  schools,  any  two  or  more  towns  in  Dukes  County  may  unite 

in  employment  of 

Superidtt"-  court,  interest  on  abatements  of  taxes  allowed  by      .        .        . 

to  settle  certain  controversies  concerning  flats  in  Charles  river 

Essex  county,  cei'tain  sitting  of,  in  Haverhill,  discontinued    . 

for  equity  business,  county  of  Suffolk,  providing  assistant  clerk  for 

civil  session,  county  of  Suffolk,  assistant  clerk  to  be  appointed  for 
Supplement  to  Public  Statutes,  preparation  and  publication  of         .         .        . 
Supreme  judicial  court,  may  authorize  sale  of  real  estate  subject  to  remainder 
Supreme  judicial  and  superior  courts,  time  for  filing  exceptions  in,  extended  . 

vacation  of  judgments  and  writs  of  review  in,  etc.  .        .... 

to  be  furnished  with  copies  of  blue  book 

compensation  of  deputy  sheriffs  attending  certain  sittings  of 
Supreme  judicial,  superior  and  probate  courts,  number  of  officers  of,  in  Mid- 
dlesex county,  established 250 

Sureties  on  replevin  bonds,  approval  of 434 

Surgeons,  physicians  and,  registration  of 455 

Swan  Pond  river,  fisheries  in,  regulated 205 

Swanzey,  town  of,  Fall  River  and  Providence  Street  Railway  Company  may 

lay  its  tracks  in 394 


.  417 
74 
.  657 
.  260 
.  254 
438,  547 
.  413 
184 
165 
231 
244 
416 


960 


Index. 


T. 

PAGE 

Tables,  showing  changes  in  legislation 789 

Taunton,  city  of,  number  of  wards  in,  etc.,  increased 117 

may  construct  system  of  sewerage 221 

repairs  on  court  house  at 532 

Taunton  lunatic  hospital,  repairs  and  improvements  at 661 

Tax,  county,  granted  for  Barnstable •  673 

Berkshire 675 

Bristol 676 

Dukes  County 677 

Essex 678 

Franklin 679 

Hampden 680 

Hampshire 682 

Middlesex 685 

Norfolk 689 

Plymouth 687 

Worcester 684 

Tax,  state,  apportioned  and  assessed 596 

Taxation,  disabled  soldiers  and  sailors  exempt  from,  to  certain  extent    .        .  204 
of  corporations  formed  to  construct  railroads,  etc.,  in  foreign  countries, 

relative  to 309 

Taxes,  abatements  of,  allowance  of  interest  on 74 

assessment  of,  in  cities  in  which  ward  lines  liave  been  changed      .        .  222 
on  collateral  legacies  and  successions,  relative  to    .         .        .         .       337,  478 

county,  relative  to  estimates  for 132,  650 

state  and  county,  basis  for  apportionment  for 84 

Technology,  Massachusetts  Institute  of,  in  favor  of 666 

Tellers,  appointment  of,  in  towns 290 

Tenement  houses,  in  Boston,  to  be  provided  with  open  spaces          .         .         .  245 

Tewksbury,  repairs  and  improvements  at  state  almshouse  at    .         .         •        .  661 

Textile  schools,  establishment  of 542 

Theatre  Owners'  Mutual  Fire  Insurance  Company  of  Boston,  incorporated      .  336 
Theatres,  certain  town  halls  to  be  exempt  from  law  regulating  construction  of 

buildings  to  be  used  as 416 

Third  Religious  Society  in  Longmeadow,  name  changed  to  First  Congrega- 
tional Society  in  East  Longmeadow  81 

Tires  on  vehicles,  cities  and  towns  may  regulate  width  of         ....  304 

Tolman,  James  N.,  in  favor  of 694 

Topographical  survey,  etc.,  relative  to  commission  on 655 

extra  copies  of  report  of,  to  be  printed 649 

Town  clerk,  assistant,  women  may  hold  olllce  of 132 

Town  halls,  certain,  exempt  from  law  regulating  construction  of  buildings  to 

be  used  as  theatres 416 


Index.  961 

PAGK 

Towns,  sessions  of  registrars  of  voters  iu . .27 

voting  by  precincts,  to  provide  for  recounting  votes  cast  in,  on  question 

of  granting  licenses  for  sale  of  intoxicating  liquors  .         ...  83 

certain,  autliorized  to  pay  tuition  of  children  attending  certain  academies  97 

certain,  may  appropriate  money  for  watering  public  streets    .         .         .  185 
certain,  to  be  reimbursed  for  tuition  of  children  attending  school  in 

another  town 218 

relative  to  appointment  of  tellers  in 290 

may  place  highways  in  control  of  a  single  surveyor         ....  418 

certain,  expense  of  maintenance  of  insane  may  be  reimbursed  to    .        .  419 
relative  to  term  of  oflice  of  members  of  boards  of  health  in,  etc.    .       441 ,  625 

certain,  to  be  furnished  with  steam  road  rollers  by  the  Commonwealth  558 

small,  relative  to  providing  food  and  lodging  for  applicants  in        .        .  654 
Towns  : 

Adams,  Hoosac  Electric  Power  Company  may  construct  and  operate 

lines  for  transmission  of  heat  and  power  in 338 

may  issue  bonds,  etc.,  for  water  purposes 557 

Agawam,  to  protect,  against  encroachments  of  Connecticut  river  .        .  665 

Andover,  may  construct  system  of  sewerage 428 

Attleborough,  to  refund  portion  of  its  debt 129 

Avon,  Edison  Electric  Illuminating  Company  of  Brocliton  may  extend 

its  wires,  etc.,  into 380 

Barnstable,  relative  to  construction  of  new  normal   school  building 

in 388 

Blandford,  may  make  regulations,  etc.,  concerning  highways         .         .  83 

Bradford,  authorized  to  malce  certain  changes  in  Haverhill  bridge          .  228 

additional  water  supply  for 420 

Brimfleld,  relative  to  taking  fish  in  Sherman  pond  in       ...        .  455 

Brookfield,  additional  water  loan  for        .......  5 

Brookliue,  supervision  of  wires  over  streets  and  buildings  in          .        .  174 
Chesterfield,  Western  Hampshire  Street  Railway  Company  may  con- 
struct and  operate  its  road  in 372 

Clarksburg,  Hoosac  Electric  Power  Company  may  construct  and  operate 

lines  for  transmission  of  heat  and  power  in 338 

Hoosac  Valley  Street  Railway  Company  may  construct  and  operate 

its  road  in 373 

Concord,  may  construct  system  of  sewage  disposal         ....  161 
trustees  of  town  donations  of,  may  hold  title  to  cemetery  lots    .        .  271 
Curamington,  Western  Hampshire  Street  Railway  Compajiy  may  con- 
struct and  operate  its  road  in 372 

Dedham,  may  borrow  money  beyond  debt  limit,  for  park  purposes         .  73 

relative  to  system  of  sewage  disposal  for 445 

Deerfield,  water  supply  for 378 

bridge  may  be  built  across  Connecticut  river  between  Montague  and  .  404 

Dennis,  fisheries  in  Swan  Pond  river  in,  regulated 205 

Digh ton,  water  supply  for 559 

Dracut,  Oakland  Cemetery  Association  in,  incorporated .        .        .        .  118 


9G2  Index. 

PAGE 

Towns  —  Continved. 

East  Bridgewater,  Edison  Electric  Illuminating  Companj'  of  Brockton 

may  extend  its  wires,  etc.,  into 380 

in  favor  of 052 

in  favor  of  certain  veterans  of 097 

East  Longmeadow,  First  Congregational  Society  in,  name  established  .  81 
Easton,  Edison  Electric  Illuminating  Company  of  Brockton  may  ex- 
tend its  wires,  etc.,  into     380 

Fairhaveu,  may  borrow  money  beyond  debt  limit,  for  sewerage  purposes  122 

may  construct  system  of  sewage  disposal 123 

Fairhaven  Improvement  Association  may  take  portion  of  Old  Ceme- 
tery in 200 

Florida,  Hoosac  Electric  Power  Company  may  construct  and  operate 

lines  for  transmission  of  heat  and  power  in 338 

Franklin,  may  lay  out  town  way  through  Franklin  cemetery  .        •        .  492 
Goshen,  "Western  Hampshire  Street  Railway  Company  may  construct 

and  operate  its  road  in 372 

Granville,  may  refund  portion  of  its  debt 224 

Greenfield,  water  supply  for 378,  540 

Hanover,  may  refund  portion  of  its  debt 259 

Hatfield,  water  supply  for 191 

Holbrook,  Edison  Electric  Illuminating  Company  of  Brockton  may  ex- 
tend its  wires,  etc.,  into 380 

Hudson,  may  construct  system  of  sewage  disposal 119 

Huntington,  "Western  Hampshire  Street  Railway  Company  may   con- 
struct and  operate  its  road  in 372 

Hyde  Park,  relative  to  system  of  sewage  disposal  for     ....  445 

may  borrow  money  for  park  purposes  .......  480 

Leominster,  may  refund  water  debt 105 

Lexington,  boundary  line  between  Waltham  and,  located  and  defined     .  227 

Longmeadow,  Third  Religious  Society  in,  name  changed        ...  81 

Marblehead,  may  refund  debt 110 

additional  water  loan  for 377 

Melrose,  boundary  line  between  Stoneham  and,  located  and  defined        .  184 

may  borrow  money  to  construct  system  of  sewage  disposal         .        .  275 

additional  water  loan  for 375 

Methuen,  additional  Avater  loan  for  ........  440 

Milton,  i-eservation  of  special  spaces  for  use  of  street  railways  in          .  109 

relative  to  system  of  sewage  disposal  for 329,  445 

Monroe,  Hoosac  Electric  Power  Company  maj'  construct  and  operate 

lines  for  transmission  of  heat  and  power  in       .....  338 
Montague,  bridge  may  be  built  across  Connecticut  river  between  Deer- 
field  and       404 

Nantucket,  may  take  Muskeget  island  for  park  purposes         .         .         .  489 
Natick,  Boston  and  Albany  Railroad  Company  may  take  land  in,  for  cer- 
tain purposes       ........•••  IC 

Newbury,  regulations  concerning  use  of  certain  wharf  in        ...  62 


Index.  963 

FAOE 

Towns —  Continued. 

North  Adams,  may  guarantee  payment  of  bouds,  etc.,  of  North  Adams 

Fire  District 158 

Hoosac  Electric  Power  Company  may  construct  and  operate  lines  for 

transmission  of  heat  and  power  in      ......         ,  338 

Hoosac  Valley  Street  Railway  Company  may  construct  and  operate  its 

road  in 373 

North  Attleborough,  may  increase  water  supply 207 

North  Bridgewater,  in  favor  of  certain  veterans  of         ....  699 

North  Brookfleld,  may  increase  its  debt,  for  extending  water  pipes        .  485 

Norton,  fire  district  to  be  established  in 64 

water  supply  for 77 

Norwood,  First  Congregational  Parish  in,  may  convey  its  property  to 

First  Congregational  Church  in 70 

Palmei',  proceedings  at  town  meeting  confirmed       .....  404 

Paxton,  water  supply  for 194,  227 

Peabody,  board  of  health  to  consider  and  report  on  system  of  sewage 

disposal  for 691 

Plymouth,  may  refund  its  de))t 225 

may  sell  certain  real  estate 230 

timeof  payment  of  certain  debts  by,  extended 225 

Randolph,  Edison  Electric  Illuminating  Company  of  Brockton  may  ex- 
tend its  wires,  etc.,  into 380 

Reading,  may  borrow  money  for  school  purposes 223 

Revere,  relative  to  taking  of  certain  portion  of,  for  park  purposes        .  334 

Richmond,  water  supply  for 644 

Russell,  may  make  regulation,  etc.,  concerning  highways        ...  82 

Rutland,  water  supply  for 167 

Saugus,  may  borrow  money  beyond  debt  limit,  for  school  purposes       .  98 

Scituate,  in  favor  of  certain  veterans  of 698 

Shefiield,  water  supply  for Ill 

Somerset,  Fall  River  and  Providence  Street  Railway  Company  may  lay 

its  tracks  in 394 

water  supply  for 559 

South  Hadley,  Fire  District  Number  One  of,  may  take  additional  land 

for  protection  of  water  supply 61 

Stoneham,  boundary  line  between  Melrose  and,  located  and  defined       .  184 

part  of  Woburn  annexed  to 305 

in  favor  of  certain  veterans  of 696 

Swanzey,  Fall  River  and  Providence  Street  Railway  Company  may  lay 

its  tracks  in 394 

Uxbridge,  may  increase  water  supply 210 

Warren,  proceedings  of  West  Congregational  Society  of,  ratified  .        .  63 

Watertown,  may  pay  a  pension  to  George  Parker 341 

Webster,  additional  water  loan  for 425 

Wellesley,  Natick  and  Cochituate  Street  Railway  Company  may  extend 

its  tracks  through 61 


964  Index. 

FAQK 

Towns —  Concluded. 

Wenhara,  water  supply  for 326 

West  Bridgewater,  Edison  Electric  lUuminatiiig  Company  of  Brockton 

may  extend  its  wires,  etc.,  into 380 

"West  Springtleld,  Springfield  Gas  Light  Company  may  extend  its  pipes 

into,  etc 166 

AVestfleld,  abolition  of  grade  crossing  in 278 

to  increase  water  supply,  etc 383 

Westport,  water  supply  for 404r 

"Whitman,  proceedings  of  certain  town  meetings  of,  confirmed       .         .  272 
"Williamsburg,  Western  Hampshire  Street  Railway  Company  may  con- 
struct and  operate  its  road  in 372 

Williamstown,  Iloosac  "Valley  Street  Railway  Company  may  construct 

and  operate  its  road  in 373 

Hoosac  Electric  Power  Company  may  construct  and  operate  lines  for 

transmission  of  heat  and  power  in 338 

Worthiugton,  Western  Hampshire  Street  Railway  Company  may  con- 
struct and  operate  its  road  in 372 

Wreutham,  water  supply  for  village  of  Plainville  in         ....  237 
Towns  and  cities,  extending  powers  of,  concerning  adoption  of  laws  relative 

to  sewers 119 

may  pay  interest  on  public  gifts,  in  certain  cases 221 

may  lay  sewers  in  private  streets 226 

may  regulate  width  of  tires  on  vehicles 304 

Trade-marks,  etc.,  to  protect  persons  in  use  of 519 

Transmission  of  electricity  for  heating  and  power  purposes,  relative  to  .        .  395 

Treasurer,  county  of  Norfolk,  clerical  assistance  for 127 

county  of  Worcester,  clerical  assistance  for 107 

Treasurer  and  receiver  general,  to  make  advances  of  money  to  sergeant-at- 

arms  for  incidental  expenses 15 

may  make  advances  to  employees  on  account  of  monthly  salaries  ,        .  32 
authorized  to  consolidate  several  funds  established  for  payment  of  state 

house  extension  into  one  sinking  fund 36 

may  employ  legacy  tax  clerk 277 

to  consolidate  sinking  funds  on  account  of  metropolitan  parks  into  one 

fund 288 

to  issue   scrip,   etc.,   for  payment  of  cost  of  maintenance,  etc.,  of 

metropolitan  sewerage  system 301 

authorized  to  issue  scrip,  etc.,  as  state  highway  loan      ....  390 

may  employ  an  assistant  bookkeeper 438 

may  borrow  money  in  anticipation  of  revenue 646 

Treasury  department,  assistant  bookkeeper  may  be  employed  in       .        .         .  438 

Trial  justices,  executions  issued  by,  may  be  served  in  every  county          .         .  425 

Trials  before  a  jury,  in  equity  and  probate  causes,  law  relative  to,  amended    .  108 
in  criminal  cases,  equalizing  right  of  challenging  jurors  in      .        .        .109 

Trout,  artificially  reared,  may  be  sold  during  February  and  March   .        •        .  278 

Truancy,  school  attendance  and,  investigation  of  subject  of      ...         .  657 


Index. 


965 


PAGE 

Truant  school,  relative  to,  in  Middlesex  county 493 

county  of  Barnstable  exempt  from  establishing 220 

Trust  Compaxies: 

Fidelity,  incorporated 107 

Pynchon  Safe  Deposit  and,  incorporated 185 

United  States,  name  established 30 

Trust  and  Safety  Deposit  Company,  Fitchburg  Loan,  incorporated  .         .         .  203 

Trustees,  accounts  rendered  by,  to  probate  courts 217 

of  Berlvshire  Athena?ura,  may  take  land  for  free  public  library         .         .  310 

of  Bradford  academy,  number  increased 105 

of  Forbes  Library  in  Northampton,  election  of,  etc 25 

of  Lyman  and  industrial  schools,  establishing 476 

of  Massachusetts  hospital  for  epileptics,  appointment  of         .        .         .  549 
of  Massachusetts  hospital  for  consumptives   and  tubercular  patients, 

appointment  of G21 

of  Sticliney  fund,  amendment  to  act  incorporating 130 

of  town  donations  in  Concord,  may  hold  title  to  cemetery  lots        .        .  271 

of  the  soldiers' home,  in  favor  of 647 

Trustees  and  guardians,  relative  to  accounts  of 294 

Tuberculosis,  inspection  of  cattle,  etc.,  aflected  with,  law  relative  to,  amended  605 
Tuition,  of  children  attending  school  in  another  town,  payment  of,  to  be  re- 
imbursed in  certain  cases 218 

of  children  attending  academies  in  towns  where  there  is  no  high  school, 

payment  of 97 


u. 

Unemployed,  time  extended  for  making  report  on  sul:)ject  of    .        .        .        .  658 

additional  copies  of  report  to  be  printed 647 

convicts  in  county  prisons,  relative  to  exercise  for 134 

Union  Relief  Association,  of  Springfleld,  may  convey  certain  real  estate  to  The 

Industrial  House  Charities 75 

Unitarian  Association,  American,  may  hold  additional  estate    ....  188 

United  States  courts,  removal  of  prisoners  committed  to  county  prisons  by  .  275 
United  States  Safe  Deposit  and  Trust  Company,  name  changed  to  United  States 

Trust  Company 30 

Unlawful  gaming,  term  defined 464 

Uxbridge,  town  of,  may  increase  water  supply 210 


Y. 

Vacancies  in  candidates  at  elections,  relative  to  filling 256 

Vacation  of  judgments,  etc.,  in  supreme  judicial,  superior  and  police,  district 

or  municipal  courts     .         .         .         .         .         .         .         •         .         .231 

Vessels  arriving  in  Gloucester  harbor,  relative  to  boarding       ....       104 


966  Index. 

PAGE 

Veteran  soldiers  and  sailors,  exempt  from  payment  of  fee  for  auctioneer's 

license 516 

preference  of,  for  employment  in  public  service,  relative  to   .         .        .  618 

Volunteer  militia,  to  inci'ease  efficiency  of 529 

Haverhill  to  take  land  for  use  of 209 

relative  to  armory  of,  in  Springlield 695 

Voters,  registration  of,  for  special  elections 4 

relative  to  registration  of,  etc 69 

to  prevent  fraudulent  impersonation  of,  in  city  of  Boston       .         .        .  474 

registrars  of,  eligibility  of  persons  to  be  appointed  as      ....  215 

in  towns,  sessions  of      ..........  27 

to  make  recount  of  votes  cast  at  city  and  town  elections     .        .         .  .307 

Votes,  cast  on  question  of  granting  licenses  for  sale  of  intoxicating  liquors, 

recount  of 83 

Voting  lists,  etc.,  proceedings  in  cases  of  violation  of  law  relative  to       .        .  401 


Wages,  weekly  payment  of,  law  relative  to,  to  apply  to  persons  and  partnerships  484 

Waltham,  city  of,  may  borrow  money  for  Avater  purposes         ....  172 

boundary  line  between  Lexington  and,  located  and  defined      .         .         .  227 

War  records,  in  office  of  adjutant  general,  completion  of  index  to    .         .         .  696 

Ward,  Patrick  S.,  in  favor  of 646 

Ward  lines  in  cities,  election  of  certain  officers  in  cases  of  change  in        .         .  222 

Warehousemen,  public,  law  relative  to,  amended 390 

Warranties  in  life  insurance  policies,  relative  to 272 

Warren,  town  of,  West  Congregational  Society  of,  proceedings  ratified  .         .  63 

AVater  board,  metropolitan,  to  be  appointed  by  governor 665 

Water  Company: 

Dighton  and  Somerset,  incorporated 559 

Horse  Neck,  incorporated 404 

Lenox,  may  supply  portion  of  town  of  Richmond  with  water          .         .  544 

Plainville,  incorporated 237 

Sheffield,  incorporated Ill 

Uxbridge,  provisions  affecting 213 

Water  Loan  : 

Adams  Fire  District 657 

Attleborough 129 

Bradford 422 

Brookfleld 6 

Dighton  and  Somerset 563 

Fall  River 33 

Gloucester 510 

Hatfield 192 

Horse  Neck,  in  town  of  Westport 408 

Leicester  Water  Supply  District        .        .        ^        o        .        .        .        .  227 


Index. 


967 


Water  Loan  —  Concluded. 

Leominster 

Mansfield    . 

Marblehead 

Melrose 

Methuen 

Metropolitan 

North  Adams  Fire  District 

North  Attleborongh 

North  Brookfield 

Norton  Fire  District 

Paxton 

Plttsfield 

Plainville 

Rutland 

Sheffield 

Uxbridge 

Waltham 

Webster 

Wenham 

Westfield 

Worcester 
Water  supplies  of  city  of  Boston,  law 
Water  Supply  : 

Belmont 

Boston 

Boylston 

Bradford 

Chelsea 

Clinton 

Deerfleld 

Everett 

Fall  River 

Gloucester 

Greenfield 

Hatfield 

Holden 

Hyde  Park 

Lancaster 

Leicester 

Lowell 

Maiden 

Medford 

Melrose 

Metropolitan 

Newton 

North  Attleborougli 


relating  to  income  of,  amended 


105 
388 
377 
375 
441 
576 
157 
209 
485 
79 
190 
381 
241 
169 
115 
212 
172 
425 
327 
385 
427,  516 
214 

660 

666 
579 
420 
566 
579 
378 
566 
544 
508 
378,  646 
191 
679 
660 
579 
579 
251 
666 

5m 

566 
665 
566 
207 


968  Indkx. 

I'AGE 

Water  Supply —  Concluded. 

North  Brookfield ■ 485 

Norton 77 

Paxton        194,  579 

Plainvllle,  village  of,  in  Wrenthara 237 

Princeton 579 

Revere 566 

Richmond 544 

Rutland 167, 579 

Sheffield Ill 

Soraerville 566 

South  Hadley,  Fire  District  Number  One  of CI 

State  industrial  school  for  girls G53 

Sterling .579 

Uxbridge 210 

Watertowu 666 

Wenham 326 

West  Boylstou 579 

Westfield             383 

Winthrop 566 

Worcester 427,  516,  679 

Water  Supply  District,  Leicester,  may  borrow  money  to  increase  its  water 

supply,  etc 227 

Mansfield,  limits  extended,  etc. 387 

Watering  of  streets,  in  towns 185 

Watertown,  town  of,  may  pay  a  pension  to  George  Parker        ....  341 

Webster,  town  of,  additional  water  loan  for 425 

Weekly  payment  of  wages,  law  relative  to,  to  apply  to  persons  and  partnerships  484 

Weight,  standard,  of  bushel  of  onions,  established 29 

Wellesley,  town  of,  Natick  and  Cochituate  Street  Railway  Company  may  ex- 
tend its  tracks  through 61 

Wenham,  town  of,  water  supply  for 326 

Wesson,  Martin,  in  favor  of 696 

West  Bridgewater,  town  of,  Edison  Electric  Illuminating  Company  of  Brock- 
ton may  extend  its  wires,  etc.,  into    380 

West  Congregational  Society  of  Warren,  proceedings  ratified  ....  63 
West  Springfield,  town  of,  Springfield  Gas  Light  Company  may  extend  its 

pipes  into,  etc 166 

Westborough  insane  hospital,  repairs  and  improvements  at       ...        .  662 

Western  Hampshire  Street  Railway  Company,  incorporated      ....  371 

Westfield,  town  of,  relative  to  abolition  of  grade  crossing  in    .        .        .        .  278 

may  increase  water  supply,  etc. 383 

Westport,  town  of,  water  supply  for 404 

Wharf  over  River  Parker,  in  Newbury,  regulations  concerning  use  of      .         .  62 

Wheel  guards,  etc.,  on  street  railway  cars,  relative  to 424 

Whitman,  town  of,  proceedings  of  certain  town  meetings  confirmed        .         .  272 

Willard,  Sarah  G.,  city  of  Boston  may  pay  sum  of  money  to     ....  253 


Index.  969 


Williamsburg,  town  of,  Western  Hampshire   Street  Kaihva)^  Company  may 

construct  and  operate  its  road  in 372 

Williamstown,  town  of,  Iloosac  Electric  Power  Company  may  construct  and 

operate  lines  for  transmission  of  heat  and  power  in  .  .  .  .  338 
Iloosac  Vallej'  Street  Kailway  Company  may  construct  and  operate  its 

road  in 373 

Wilson,  Henry,  providing  for  purchase  of  portrait  of         ....        .  673 

Wires,  over  streets  and  buildings  in  Brookline,  supervision  of  .         .         .         .  174 

electric,  to  provide  greater  security  against  accidents  from     .         .         .  22G 

Woburn,  city  of,  part  of,  annexed  to  Stoneliara 305 

Woman  suffrage,  to  provide  for  voting  upon  question  of  granting  .  .  .  483 
Woman's  Foreign  Missionary  Society  of  the  Methodist  Episcopal  Church,  New 

England  Branch  of,  incorporated 81 

Woman's  Foreign  Missionary  Society  of  Yearly  Meeting  of  Friends  for  New 

England,  may  hold  meetings  outside  the  Commonwealth          .         .  7G 

Women,  may  hold  oflice  of  assistant  town  or  city  clerk 132 

to  provide  for  voting  upon  question  of  granting  municipal  suffrage  to  483 

reformatory  prison  for,  sentences  to 221 

repairs  at C69 

Women  and  children,  New  England  hospital  for,  may  hold  additional  estate  IGG 

Woolen  factories,  specifications  to  be  furnished  to  emploj-ecs  in  .  .  .  133 
Worcester,  city  of,  additional  water  loan  for,  etc.      .....       427,  516 

state  normal  school  at,  repairs  on,  etc 662,  671 

Worcester  county,  clerical  assistance  for  treasurer  of       ....         .  107 

tax  granted  for 684 

AVorcester,  central  district  court  of,  extra  clerical  assistance  for      .         .         .  262 

Worcester  Arcade  Corporation,  incorporated 426 

Worcester  Consolidated  Street  Railway  Company,  may  lease  property  of  the 

North  End  Street  Railway  Company 625 

Worcester  lunatic  hospital,  trustees  of,  may  sell,  etc.,  certain  lands         .         .  531 

Worcester,  Nashua  and  Rochester  Railroad  Company,  may  issue  bonds,  etc.  .  456 
Worcester  and   Shrewsbury  railroad;  time  for  construction   of,  across  lake 

Quinsigamond,  extended 175 

World's  Columbian  exposition,  copies  of  report  of  board  of  managers  of,  to 

])e  supplied  to  Massachusetts  exhibitors 648 

World's  fair  managers,  INIassachusetts  board  of,  extra  copies  of  report  to  l)e 

printed 649 

Woronoco  Street  Railway  Company,  may  enter  into  contracts  of  purchase  or 

lease  with  the  Highland  Street  Railway  Company     ....  371 

Worsted  factories,  specifications  to  he  furnished  to  employees  in  .  .  .  133 
Worthington,  town  of.  Western  Hampshire   Street  Railway  Company  may 

construct  and  operate  its  road  in 372 

Wrecks  in  tide  waters,  resolutions  concerning  removal  of        ...         .  707 

Wrentham,  town  of,  water  supply  for  village  of  Plainville  in  ....  237 
Writs  of  review,  etc.,  in  supreme  judicial,  superior  and  police,  district  or 

municipal  courts          ..........  231 

Wyoma  Methodist  Episcopal  Church,  name  clianged  to  Broadway  ;Methodist 

Episcopal  Church 134 


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