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

.^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 dr