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ACTS 


RESOLVES 


PASSED  ET   THE 


General  ^aurt  nf  Ulajjsaf  hiisetts, 


IN  THE   TEAR 

1896, 

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. 

1896. 


A  CONSTITUTION 


FORM    OF    GOVERNMENT 


Commontosall^  oi  P^assac^usatts. 


PREAMBLE. 

The  end  of  the  institution,  maintenance,  and  administra-  objects  of 
tion  of  government,  is  to  secm'e  the  existence  of  the  body  s°^''™™''°'- 
politic,  to  protect  it,  and  to  furnisli  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  ns^at'u?^!'^ 
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  aflbrding  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  Mights,  and 
Frame  of  Government,  as  the  Constitution  of  the  Com- 
monwealth OF  Massachusetts. 


PAET    THE    FIRST. 

A   Declaration   of  the   Rights  of  the  Inhabitants  of  the 
Commomoealth  of  Massachusetts. 

Equality  and  ARTICLE  I.     All  mcu  are  bom  free  and  equal,  and  have 

Ll'men."^  **°  Certain  natural,  essential,  and  unalienable  rights;  among 
which  may  be  reckoned  the  right  of  enjoying  and  defend- 
ing their  lives  and  liberties  ;  that  of  acquiring,  possessing, 
and  protecting  property;  in  fine,  that  of  seeking  and  ob- 
taining their  safety  and  happiness. 
Right  and  duty       jj.     It  is  the  right  as  well  as  the  duty  of  all  men  in 
gious  worship,    socicty,  publicly,  and  at  stated  seasons,  to  worship  the 
rhe°reTn.'°°         SuPREME  Being,  the  great  Creator  and  Preserver  of  the 
z2°Aiien!i29.     uuivcrse.      And   no   subject  shall  be  hurt,  molested,  or 
restrained,  in  his  person,  liberty,  or  estate,  for  worship- 
ping God  in  the  manner  and  season  most  agreeable  to  the 
dictates  of  his  own  conscience ;  or  for  his  religious  pro- 
fession of  sentiments  ;  provided  he  doth  not  disturb  the 
public  peace,  or  obstruct  others  in  their  religious  worship. 
Amendment,  uj.     [^^g  the  liappincss  of  a  people,  and  the  good  order 

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


COMMONWEALTH  OF  MASSACHUSETTS.  5 

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

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

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

And  all  moneys  paid  by  the  subject  to  the  support  of  ^gomVarochiai 
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,  pmected*  ^ 
shall  be  equally  under  the  protection  of  the  law  :  and  no  subordination 
subordination  of  any  one  sect  or  denomination  to  another  ^^  °°®  ^'"^^  ^'^ 

J  another  pro- 

shall  ever  be  established  by  law.]  hibited. 

IV.  The  people  of  this  commonwealth  have  the  sole  Right  of  Beif. 
and   exclusive  right  of  governing  themselves,  as  a  free,  fecurTd?^° 
sovereign,  and   independent  state ;  and  do,  and   forever 
hereafter  shall,  exercise  and  enjoy  every  power,  jurisdic- 
tion, and  right,  which  is  not,  or  may  not  hereafter  be,  by 

them  expressly  delegated  to  the  United  States  of  America, 
in  Congress  assembled. 

V.  All  power  residing  originally  in  the  people,  and  ^f^'an^offi^ce""^ 
being   derived   from   them,   the  several  magistrates  and  etc 
officers  of  government,   vested  with  authority,   whether 
legislative,    executive,    or  judicial,   are  their  substitutes 

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

VI.  No  man,  nor  corporation,  or  association  of  men,  services  ren- 
have  any  other  title  to  obtain  advantages,  or  particular  puiTiic  being  the 
and  exclusive  privileges,  distinct  from  tbose  of  the  com-  peiui'iarVrfvi- 
nmnity,  than  what  arises  from  the  consideration  of  ser-  leges,  heredi- 

I  -,  IT  11'  -ii.  •       tary  offices  are 

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


CONSTITUTION  OF  THE 


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


Right  of  people 
to  secure  rota- 
tion in  office. 


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

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

6  c'ush.  327. 
14  Gray,  155. 
16  Gray,  417, 
431. 


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


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

VII.  Government  is  instituted  for  the  common  good; 
for  the  protection,  safety,  prosperity,  and  happiness  of  the 
people  ;  and  not  for  the  profit,  honor,  or  private  interest 
of  any  one  man,  family,  or  class  of  men  :  Therefore  the 
people  alone  have  an  incontestible,  unalienable,  and  inde- 
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  witli 
authority  from  becoming  oppressors,  the  people  have  a 
right,  at  such  periods  and  in  such  manner  as  they  shall 
establish  by  their  frame  of  government,  to  cause  their 
public  officers  to  return  to  private  life  ;  and  to  fill  up 
vacant  places  by  certain  and  regular  elections  and  appoint- 
ments. 

IX.  All  elections  ought  to  be  free  ;  and  all  the  inhab- 
itants of  this  commonwealth,  having  such  qualifications  as 
they  shall  establish  by  their  frame  of  government,  have  an 
equal  right  to  elect  officers,  and  to  be  elected,  for  public 
employments.  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- 
sequently, to  contribute  his  share  to  the  expense  of  this 
protection  ;  to  give  his  personal  service,  or  an  equivalent, 
when  necessary  :  but  no  part  of  the  property  of  any  indi- 
vidual can,  with  justice,  be  taken  from  him,  or  applied  to 
public  uses,  without  his  own  consent,  or  that  of  the  repre- 
sentative body  of  the  people.  In  fine,  the  people  of  this 
commonwealth  are  not  controllable  by  any  other  laws 
than  those  to  which  their  constitutional  representative 
body  have  given  their  consent.  And  whenever  the  pub- 
lic exigencies  require  that  the  property  of  any  individual 
should  be  appropriated  to  public  uses,  he  shall  receive  a 
reasonable  compensation  therefor. 


1  Allen,  150. 

11  Allen,  530. 

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


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


113  Mass.  45.  127  Mass.  50,  52, 

116  Mass.  463.  358,  363,  410,  413. 

126  Mass.  428,  441.    129  Mass.  559. 


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


COMMONWEALTH  OF  MASSACHUSETTS.  7 

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

XII.  No  subject  shall  be  held  to  answer  for  any  crimes  Prosecutions 
or  offence,  until  the  same  is  fully  and  plainly,  substantially,  g  pick.  211. 
and  formally,  described  to  him  ;  or  be  compelled  to  accuse,  Js  pick.' 434. 
or  furnish  evidence  against  himself.     And  every  subject  f-^ii^^29^- 
shall  have  a  right   to   produce   all   proofs   that   may  be  f^^l^\~'^^' 
favoralile  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,  11.' 
or  his  counsel,  at  his  election.     And  no  subject  shall  be  2  A^ien^/sei^' 
arrested,  imprisoned,  despoiled,  or  deprived  of  his  prop-  ^o^2m°439^ 
erty,  immunities,  or  privileges,  put  out  of  the  protection  473! 

of  the  law,   exiled,   or  deprived  of  his  life,   liberty,   or  97  Mass.'sTu,' 
estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  looMass. 287, 

the  land.  103  Maes. 418. 

107  Mass.  172,  180.   118  Mass.  443,  451.    122  Mass.  332.   127  Mass.  550,  5.54. 

108  Mass.  5,  6.      120  Mass.  118,  120.   124  Mass.  464.    129  Mass.  559. 

And  the  leo-islature  shall  not  make  any  law  that  shall  ?5§^httotriaiby 

O  .      ,  .      ,  •  .    ,  j^'ry  in  criminal 

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

i    J.    •    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-  vicinityr 

est  securities    of  the  life,  liberty,  and  property  of  the  121  m'I'ss.  ei,  62. 
citizen. 

XIV.  Every  subject  has  a  rio;ht  to  be  secure  from  all  Right  of  searcii 

-,  ^  1  1  •  /•!•  !•      aiid  seizure 

unreasonable    searches,  and  seizures,  ot    his  person,  his  regulated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants,  A°nend'tiv.  " 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda-  Iculh^fdo. 
tion  of  them  be  not  previously  supported  by  oath  or  affir-  i3^rI'-^454 
mation,  and  if  the  order  in  the  warrant  to  a  civil  officer,  to  10  Alien,  403. 

,  1     .  ill  J  1  '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-  ^^^  ^'*^^- 2^^' 
paniedwith  a  special  designation  of  the  persons  or  olijects 
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 
all  suits  between  two  or  more  persons,  except  in  cases  in  cepl^etT  '^^" 
which  it  has  heretofore  been  otherways  used  and  practised,  Amend°t  vii^.'' 
the  parties  have  a  right  to  atrial  by  jury  ;  and  this  method  ypjck.fe^ 
of  procedure  shall  be  held  sacred,  unless,  in  causes  arising  5  Gray,  144. 
on  the  high  seas,  and  such  as  relate  to  mariners'  wages,  iiAnen,574, 
the  legislature  shall  hereafter  find  it  necessary  to  alter  it.  io2'Ma8s.45, 

114  Mass.  388,  390.       122  Mass.  505,  516.       125  Mass.  182,  18S.       '*^* 
120  Mass.  320,  321.       123  Mass.  590,  593.       128  Mass.  600. 


CONSTITUTION   OF  THE 


Liberty  of  the 
press. 


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


Moral  qualifica- 
tions for  office. 


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


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


Power  to  sus- 
pend the  laws  or 
their  execution. 


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


Frequent  ses- 
Bions,  and  ob- 
jects thereof. 


Taxation  found 
ed  on  consent. 
8  Allen,  247. 


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

XVII.  The  people  have  a  right  to  keep  and  to  bear 
arms  for  the  common  defence.  And  as,  in  time  of  peace, 
armies  are  dangerous  to  liberty,  they  ought  not  to  be 
maintained  without  the  consent  of  the  legislature ;  and 
the  military  power  shall  always  be  held  in  an  exact  subor- 
dination to  the  civil  authority,  and  1)6  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- 
tiy,  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 
oliservance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  good  administration  of  the  common- 
wealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and  peace- 
able manner,  to  assemble  to  consult  upon  the  common 
good  ;  give  instructions  to  their  representatives,  and  to 
request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions,  or  remonstrances,  redress  of  the  wrongs  done 
them,  and  of  the  grievances  they  suffer. 

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

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

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  9 

XXIV.  Laws  made  to  punish  for  actions  done  before  ExpoH facto 
the  existence  of  such  laws,  and  which  have  not  been  de-  nl.\\ll,^i^l\^^' 
clared  crimes  by  preceding  laws,  are  unjust,  oppressive,  'i^^- •i-'^> -t^- 
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-  l^easoiV'etc! 
ture. 

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

c3       ,  .  .  ^  •     n'        hues,  aud  cruel 

excessive  bail  or  sureties,  impose  excessive  nnes,  or  miiict  punishments, 

1  1  .1  .  prohibited. 

cruel  or  unusual  punishments.  5  Gray,  482. 

XXVII.  In  time  of  peace,  no  soldier  ought  to  l)e  quar-  xo  soldier  to  be 
tered  in  any  house  without  the  consent  of  the  owner  ;  and  houserunie^s"^ 
in  time  of  war,  such  quarters  ought  not  to  be  made  but  *^''^" 

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

XXVIII.  No  person  can  in  any  case  be  subject  to  law-  citizens  exempt 
martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law,  tiTiTuni^s^^etc. 
except  those  employed  in  the  avrnj  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  sn. 
of  every  individual,  his  life,  liberty,  property,  and  charac-  J.^^™!  •'"'''"'*' 
ter,  that  there  be  an  impartial  interpretation  of  the  laws,  1  G,^ay,^472. 
and  administration  of  justice.     It  is  the  right  of  every  i  Aiiep,  591. 
citizen  to  be  tried  by  judges  as  free,  impartial,  and  inde-  105  Mass.  2V9, 
pendent  as  the  lot  of  humanity  will  admit.    It  is,  therefore,  Tenm'e'of  their 
not  only  the  best  policy,  but  for  the  security  of  the  rights  '^^^^^' 

of  the  people,  and  of  every  citizen,  that  the  judges  of  the 
supreme  judicial  court  should  hold  their  offices  as  long  as 
they  behave  themselves  well ;  and  that  they  should  have 
honorable  salaries  ascertained  and  established  l)y  standing  salaries. 
laws. 

XXX.  In  the  government  of  this  commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  cufi^amnegu-" 
and  iudicial  powers,  or  either  of  them  :  the  executive  shall  lat've  depart- 

•  ^        t        •    ^       •  I'T'i  •!  lueuts. 

never  exercise  the  legislative  and  judicial  powers,  or  either  ^  cush.  5-7. 
of  them:  the  judicial  shall  never  exercise  the  legislative  s  Alien  ,'247  ,'253. 
and  executive  powers,  or  either  of  them:  to  the  end  it  ^!^|^^;'^'*«'*- -^-» 
may  be  a  government  of  laws  and  not  of  men.  24^.^'^^^''^^' 

116  Mass.  317. 
129  Mass,  559. 


10 


CONSTITUTION  OF  THE 


Title  of  body 
politic. 


PART   THE   SECOND. 
The  Frame  of  Government. 

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


Legislative 
department. 


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


Govemor'sveto. 
99  Mass.  636. 


Bill  may  be 
passed  by  two- 
thirds  of  each 
house,  DOtwith- 
Btandin?. 


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

II.  No  bill  or  resolve  of  the  senate  or  house  of  repre- 
sentatives shall  become  a  law,  and  have  force  as  such, 
until  it  shall  have  been  laid  before  the  governor  for  his 
revisal ;  and  if  he,  upon  such  revision,  approve  thereof,  he 
shall  signify  his  approbation  by  signing  the  same.  But  if 
he  have  any  objection  to  the  passing  of  such  bill  or  resolve, 
he  shall  return  the  same,  together  with  his  objections  there- 
to, in  writing,  to  the  senate  or  house  of  representatives,  in 
whichsoever  the  same  shall  have  originated ;  who  shall 
enter  the  objections  sent  down  by  the  governor,  at  large, 
on  their  records,  and  proceed  to  reconsider  the  said  bill  or 
resolve.  But  if  after  such  reconsideration,  two-thirds  of 
the  said  senate  or  house  of  representatives,  shall,  notwith- 
standing the  said  objections,  agree  to  pass  the  same,  it 
shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  reconsid- 
ered, and  if  approved  by  two-thirds  of  the  members  pres- 
ent, shall  have  the  force  of  a  law  :  but  in  all  such  cases, 


COMMONWEALTH  OF  MASSACHUSETTS.  11 

the  votes  of  both  hduses  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  1    1  •/•  1  Ml    in  case  of  ad- 

And  in  order  to  prevent  unnecessary  delays,  ii  any  bill  joummentof 
or  resolve  shall  not  be  returned  by  the  governor  within  court  within 
five  days  after  it  shall  have  been  presented,  the  same  shall  see  fmend.^*' 
have  the  force  of  a  law.  Sss'.teT;  ^" 

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

.  o'        ./       o'  12  Gray,  147, 

mining  of  all  manner  of  crimes,  oflences,  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-  4aiim',4^3. 
some  and  reasonable  orders,  laws,  statutes,  and  ordinances,  ^^.^"^"-^^s. 
directions  and  instructions,  either  with  penalties  or  with-  190 Mass.  544, 
out ;  so  as  the  same  be  not  repugnant  or  contrary  to  this  iioMass. 467, 
constitution,  as  they  shall  judge  to  be  for  the  good  and    '  " 
welfare  of  this  commonwealth,  and  for  the  government  ,  mayf°act 

,         '  c5  Jaws,  etc.,  not 

and  ordering  thereof,  and  of  the  subjects  of  the  same,  and  repugnant  to 

f.,1  ^  Jl^L'l'J^  1    the  constitution. 

tor  the  necessary  support  and  deience  ot  the  government  e  Alien,  358. 
thereof;  and  to  name  and  settle  annually,  or  provide  by     may  provide 
fixed  laws  for  the  naming  and  settling,  all  civil  officers  or'app^ofnuneu't 
within  the  said  commonwealth,  the  election  and  consti-  ii5°Ma88.*602. 
tution  of  whom  are  not  hereafter  in  this  form  of  govern- 
ment otherwise  provided  for  ;  and  to  set  forth  the  several  th^r  dE?"^*^^ 
duties,  powers,  and  limits,  of  the  several  civil  and  military 
officers  of  this  commonwealth,  and  the   forms   of  such 
oaths  or  affirmations  as  shall  be  respectively  administered 
unto  them  for  the  execution  of  their  several  offices  and 
places,  so  as  the  same  be  not  repugnant  or  contrary  to 


12 


CONSTITUTION  OF  THE 


may  Impose 
taxea,  etc. 
12  Mass.  252, 

5  Allen,  428. 

6  Allen,  558. 

8  Allen,  247, 253. 

10  Allen,  235. 

11  Allen,  268. 
12Allen,77,  223, 
235,  238,  240,  298, 
300,312,313,500, 
612. 

98  Mass,  19. 

100  Mass.  285. 

101  Mass.  675, 
585. 

103  Mass.  267. 

114  Mass.  388, 

391. 

116  Mass.  461. 

lis  Mass.  3S6, 

889. 

123  Mass.  493, 

495. 

127  Mass.  413. 


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


this  constitution  ;  and  to  impose  and  levy  proportional 
and  reasonable  assessments,  rates,  and  taxes,  upon  all  the 
inhabitants  of,  and  persons  resident,  and  estates  lying, 
within  the  said  commonwealth  ;  and  also  to  impose  and 
levy  reasonable  duties  and  excises  upon  any  produce, 
goods,  wares,  merchandise,  and  commodities,  whatsoever, 
brought  into,  produced,  manufactured,  or  being  within 
the  same  ;  to  be  issued  and  disposed  of  by  warrant,  under 
the  hand  of  the  governor  of  this  commonwealth  for  the 
time  being,  with  the  advice  and  consent  of  the  council^ 
for  the  pul^lic  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  wit-h  equality,  there  shall 
be  a  valuation  of  estates  witliin  the  commonwealth,  taken 
anew  once  in  every  ten  years  at  least,  and  as  much  oftener 
as  the  general  court  shall  order. 

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


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


Per  provision  as 
to  councillors. 
Bee  amend- 
ments. Art. 
XVI. 


CHAPTER  I. 

Section  II. 

Senate. 

• 

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


COMMONWEALTH  OF  MASSACHUSETTS.  13 

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

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

.  '   diBtncts,  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,  tliree  ;  York,  two  ;  Dukes  County  and  Nantucket, 
one  ;  Worcester,  live  ;  Cumberland,  one  ;  Lincoln,  one  ; 
Berkshire,  two.] 

II.     The  senate  shall  be  the  first  branch  of  the  legisla-  Manner  and 
ture  ;  and  the  senators  shall  be  chosen  in  the  following  man-  Be^atm-sanT"^ 
ner,  viz.  :  there  shall  be  a  meeting  on  the  [first  Monday  in  amendra°e'nt8f''*' 
April,]  annually,  forever,  of  the  inhabitants  of  each  town  xv^' a's^"'^ 
in  the  several  counties  of  this  commonwealth  ;  to  be  called  to  cities,  see 

-1  ,^  1.  1  -I     '         1  jy   1  j_  amendments, 

by  the  selectmen,  and  W'arned  in  due  course  ot  law,  at  Art.  ii. 
least  seven  days  before  the  [first  Monday  in  April,]  for  JuauSonsc'f 
the  purpose  of  electing  persons  to  be  senators  and  coun-  sededbyamend 
cillors  ;   [and  at  such  meetings  every  male  inhabitant  of  ments.  Arts. 
twenty-one  years  of  age  and  upwards,  having  a  freehold  xx'viii.','xxx., 
estate  within  the  commonwealth,  of  the  annual  income  of  xxxii.'^" 
three  pounds,  or  any  estate  of  the  value  of  sixty  pounds,  tYn°t'"dJfined!' 
shall  have  a  riaht  to  give  in  his  vote  for  the  senators  for  See  aiso  amend- 

~      .  .  .1         .  ments,  Art. 

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

1111,  •  .1  .  f  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  i22Ma8B.^595, 
as  an  inhabitant,  for  the  purpose  of  electing  and  being  ^^^' 
elected  into  any  otfice,  or  place  within  this  state,  in  that 
town,  district,  or  plantation  where  he  dwelleth,  or  hath 
his  home. 

The  selectmen  of  the   several  towns   shall  i)reside  at  Selectmen  to 

,  ..  .  .•    n  1       1      11  -1  preside  at  town 

such   meetings  impartially  ;    and  snail  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  foir  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  fiiir  copy  of  this  record  shall  be  attested  by  As  to  cities,  see 
the  selectmen  and  the  town  clerk,  and  shall  be  sealed  up,  A?r.°ii.'^''°  ^' 
directed   to    the  secretary  of  the  commonwealth  for  the 
time  being,  with  a  superscription,  expressing  the  purport 


14 


CONSTITUTION   OF  THE 


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


Inhabitants  of 
unincorporated 
plantations, 
who  paj'  state 
taxes,  may  vote. 


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


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


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


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

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

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  15 

pointed  out  in  the  constitution  ;  and  shall,  Ton  the  said  ?"'5'®f'^*°^®'^ 

T  ITT     T  1  •TiT-i  11  1  -111  to  first  Wednes- 

last  Wednesday  m  May]  annually,  determine  and  declare  day  of  January 
who  are  elected  by  each  district  to    be   senators  [by  a  A^rf.'x"  "^^^  ^' 
majority  of  votes  ;  and  in  case  there  shall  not  appear  to  ^t^n^'d  to 
be  the  full  number  of  senators   returned   elected    by  a  ^'^endJ^'enf# 
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  g^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  pJopie?  '^ 
every  district  of  the  commonwealth  ;  and  in  like  manner  nTentsrArt'. 
all  vacancies  in  the  senate,  arising  by  death,  removal  out  ^^'^v. 
of  the  state,  or  otherwise,  shall  be  supplied  as  soon  as  may 
be,  after  such  vacancies  shall  happen.] 

V.  Provided,   nevertheless,   that  no  person  shall  be  Qualifications  of 
capable  of  being  elected  as  a  senator,  [who  is  not  seised  property'quaii- 
in  his  own  right  of  a  freehold,  within  this  commonwealth,  fg'ifea?'^  *^°'° 
of  the  value  of  three  hundred  pounds  at  least,  or  possessed  see  amend. 

1,'i  ments,  Art. 

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

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

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

.  ff^  ,      ,  .  .  ^  ,  .  it^  ofhcers  and 

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

-,.  •"•  rules. 

ceedings. 

Vni.     The  senate  shall  be  a  court  with  full  authority  .  shaiuryaii 
to  hear   and   determine   all    impeachments   made  by  the 
house  of  representatives,  against  any  officer  or  officers  of 
the  commonwealth,  for  misconduct  andmal-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 


See  amend- 
ments, Arts. 
XXII.  and 

xxxin. 


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

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


Representation 
of  the  people. 


Representa- 
tives, by  whom 
chosen. 

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


Proviso  as  to 
towns  having 
jess  than  150 
ratable  polls. 


Towns  liable  to 
fine  in  case,  etc. 


Expenses  of 
travelling  to 
aod  from  the 
general  court, 
how  paid. 
Annulled  by 
Art.  XXXV. 


Qualifications  of 
a  representa- 
Uve. 


CHAPTER    I. 

Section  III. 

House  of  Representatives. 

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

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

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

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

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

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


COMMONWEALTH   OF   MASSACHUSETTS.  17 

least  next  preceding  his  election,  shall  have  been  aninhab-  New  provision 
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  xxi*'^  '^ ' 
he  shall  be  chosen  to  represent,  or  any  ratable  estate  to  fication^abot''" 
the  value  of  two  hundred  pounds ;  and  he  shall  cease  to  n^ents^A?r''"'*' 
represent  the  said  town  immediately  on  his  ceasing  to  be  xiii. 
qualified  as  aforesaid.] 

IV.  [Every  male  person,  being  twenty-one  years  of  ^"o{g1.^'*"°°®°^ 
age,  and  resident  in  any  particular  town  in  this  common-  These  pro. 

O    '  r  T  1         •  Visions  super- 

wealth  lor  the  space  oi  one  year  next  preceding,  having  a  seded  by 

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,  xxxLand'^'^" 

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

or  representatives  for  the  said  town.l  ^^}f4-^'^\-.  r. 

TT  rmi  1  >     1         1  •  •  1       11    XXIII.,  wllich 

V.  [Ihe  members  ot  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  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  by  them  shall  be  heard  and  tried  by  the  senate. 

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

VIII.  The  house  of  representatives  shall  have  power  mCre°ha^i°wo 
to  adjourn  themselves ;  provided  such  adjournment  shall  ^ays. 

not  exceed  two  days  at  a  time.  „  „ 

TIT  1  1  •  1  1  Quorum.     See 

IX.  TNot  less  than  sixty  members  of  the  house  of  amendments. 

Arts  .XXI.  and 

representatives  shtdl  constitute  a  quorum  for  doing  busi-  xxxiii. 
•ness.] 

X.  The  house  of  representatives  shall  be  the  judge  of  ^tu"ng^*euf.,  of 
the  returns,  elections,  and  qualifications  of  its  own  mem-  itsownmem- 

/  '  1  .         .  bers ;  to  chioose 

bers,  as  pointed  out  in  the  constitution  ;  shall  choose  their  its  otHcers  and 
own   speaker;  appoint  their  own  officers,  and  settle  the  rules, etc. 
rules  and  orders  of  proceedino;  in  their  own  house.     They  May  punish 

.1  V  ,        ,  .  .  "^    for  certaui 

shall  have  authority  to  punish  by  imprisonment  every  offences. 
person,  not  a  member,  who  shall  be  guilty  of  disrespect  '^^^' 
to  the  house,  by  any  disorderly  or  contemptuous  behavior 
in  its  presence  ;  or  who,  in  the  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  con.stitution,  they  have 
authority  to  try  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  way  as  they  may  respectively 
think  best. 


Governor. 


nis  title. 
To  be  chosen 
annually. 
Qualifications. 
[See  amend- 
ments, Arts. 
VII.  and 
5XXIV.] 


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

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


CHAPTER  II. 

EXECUTIVE    POWER. 

Section  I. 

Governor. 

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

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  19 

in  open  town  meeting,  sort  and  count  the  votes,  and  form  ' 

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

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

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

'  i.  amendments, 

ration  thereof  m  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 

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

L  •/  »/  J   '  to  tirst  \V  ednes- 

the  same  to  the  secretary's  otface,  seventeen  days  at  least  day  of  January 
before  the  said  [last  Wednesday  in  May]  ;  or  the  select-  A^rt'.'x.''  '"''"^^' 
men  may  cause  returns  of  the  same  to  be  made  to  the 
olEce  of  the  secretary  of  the  commonwealth,  seventeen 
days  at  least  before  the  said  day ;  and  the  secretary  shall 
lay  the  same  before  the  senate  and  the  house  of  repre- 
sentatives on  the  [last  Wednesday  in  May],  to  be  by  them  changed  to 
examined  ;  and  [in  case  of  an  election  by  a  majority  of  all  amendraenfs, 
the  votes  returned] ,  the  choice  shall  be  by  them  declared  ^V''  ^}^' 

— '  *^  How  clioscii 

and  published  ;  [but  if  no  person  shall  have  a  majority  of  when  no  person 
votes,  the  house  of  representatives  shall,  by  ballot,  elect  -''* -^ '"•'^"'"y- 
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  Power  of  gov- 
time,  at  his  discretion,  to  assemble  and  call  together  the  gover'norand 
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  affjiirs  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-  gInerarcJurt 
eral  court,  to  adjourn  or  prorogue  the  same  to  any  time  "nd^on^enf ' 
the  two  houses  shall  desire  ;   [and  to  dissolve  the  same  on  t^e  same. 
the  day  next  preceding  the  last  Wednesday  in  May  ;  and,  tion,  see  amend- 
in  the  recess  of  the  said  court,  to  prorogue  the  same  from  '"'^"  8,1.. 
time  to  time,  not  exceeding  ninety  days  in  any  one  recess  ;] 

and  to  call  it  together  sooner  than  the  time  to  which  it 
may  be  adjourned  or  prorogued,  if  the  welfare  of  the  com- 
monwealth shall  require  the  same  ;  and  in  case  of  any 
infectious  distemper  prevailing  in  the  place  where  the  said 


20 


CONSTITUTION  OF  THE 


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

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


Governor  to  be 
commander-in- 
chief. 


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

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

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

VII.  The  governor  of  this  commonwealth,  for  the  time 
])eing,  shall  be  the  commander-in-chief  of  the  army  and 
navy,  and  of  all  the  military  forces  of  the  state,  by  sea 
and  land ;  and  shall  have  full  power,  by  himself,  or  by 
any  commander,  or  other  officer  or  officers,  from  time  to 
time,  to  train,  instruct,  exercise,  and  govern  the  militia 
and  navy  ;  and,  for  the  special  defence  and  safety  of  the 
commonwealth,  to  assemble  in  martial  array,  and  put  in 
warlike  posture,  the  inhabitants  thereof,  and  to  lead  and 
conduct  them,  and  with  them  to  encounter,  repel,  resist, 
expel,  and  pursue,  by  force  of  arms,  as  well  by  sea  as  by 
land,  within  or  without  the  limits  of  this  commonwealth, 
and  also  to  kill,  slay,  and  destroy,  if  necessary,  and  con- 
quer, by  all  fitting  ways,  enterprises,  and  means  whatso- 
ever, all  and  every  such  person  and  persons  as  shall,  at 
any  time  hereafter,  in  a  hostile  manner,  attempt  or  enter- 
prise the  destruction,  invasion,  detriment,  or  annoyance 
of  this  commonwealth;  and  to  use  and  exercise,  over  the 
army  and  navy,  and  over  the  militia  in  actual  service,  the 
law-martial,  in  time  of  war  or  invasion,  and  also  in  time 
of  rebellion,  declared  by  the  legislature  to  exist,  as  occa- 
sion shall  necessarily  require ;  and  to  take  and  surprise, 
by  all  ways  and  means  whatsoever,  all  and  every  such 
person  or  persons,  with  their  ships,  arms,  ammunition, 
and  other  goods,  as  shall,  in  a  hostile  manner,  invade,  or 
attempt  the  invading,  conquering,  or  annoying  this  com- 
monwealth ;  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  offices  of  cap- 
tain-general and  commander-in-chief,  and  admiral,  to  be 
exercised  agreeably  to  the  rules  and  regulations  of  the 
constitution,  and  the  laws  of  the  land,  and  not  other- 
wise. 


COMMONWEALTH   OF  MASSACHUSETTS.  21 

Provided,  that  the  said  governor  shall  not,  at  any  time  Limitation. 
hereafter,  by  virtue  of  any  power  by  this  constitution 
granted,  or  hereafter  to  be  granted  to  him  by  the  legis- 
lature, transport  any  of  the  inhabitants  of  this  common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  water,  for  the 
defence  of  such  part  of  the  state  to  which  they  cannot 
otherwise  conveniently  have  access. 

Vni.     The  power  of  pardoning  offences,  except  such  ^u^^c^^jfy *^ 
as  persons  may  be  convicted  of  before  the  senate  by  an  pardon  offeuces, 

1  »/  ^  exc6pi,  6tC. 

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,  with  advice  of  the  council 
before  conviction,  shall  avail  the  party  pleading  the  same,  But  not  before 

..,,,         T  1  !•       ^  •  conviction. 

notwithstanding  any  general  or  particular  expressions  con-  109  Mass.  323. 
tained  therein,  descriptive  of  the  ofience  or  ofiences  in- 
tended to  be  pardoned. 

IX,  All  iudicial  officers,    fthe  attorney-general,  1   the  Judicial offi- 

,^  *'cr^-^j  cers   etc.  how 

solicitor-general,  [all  sherifls,]  coroners,  [and  registers  of  nominated  and 
probate,]  shall  be  nominated  and  appointed  by  the  gov-  Fo?°proviJion8 
ernor,  by  and  with  the  advice  and  consent  of  the  council ;  of  lttoln'ey°" 
and  every  such  nomination  shall  be  made  by  the  oovernor,  general,  see 

•J  ,  ,   "^  P'  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  Limitatioi"of 
list  of  their  respective  companies,  [of  twenty-one  years  b|Vm^Jid5°"' 
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  lemslature  shall,  by  standing  laws,  direct  the  time  Election  of 

.  o  ■'  officers, 

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

The  major-generals  shall  be  appointed  by  the  senate  and  ^ow^alfpoTted' 
house  of  representatives,  each  having  a  negative  upon  the  g^gng^'"™'^' 
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 
commissioned, 
how  removed. 
Superseded  by 
amendments, 
Art.  IV. 


Adjutants,  etc., 
how  appointed. 


Army  officers, 
how  appointed. 


Organization  of 

militia. 


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


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


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

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

The  commanding  ofiicers  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,  wnth  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  w^arrant  under  the  hand  of  the  governor 
for  the  time  being,  with  the  advice  and  consent  of  the 
council,  for  the  necessary  defence  and  support  of  the  com- 
monwealth ;  and  for  the  protection  and  preservation  of 
the  inhabitants  thereof,  agreeably  to  the  acts  and  resolves 
of  the  general  court. 

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


COMMONWEALTH  OF  MASSACHUSETTS.  23 

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

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

Xin.  As  the  public  good  requires  that  the  governor  gl^v^iUr. 
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  honoral)lc 
stated  salary,  of  a  fixed  and  permanent  value,  amply  suffi- 
cient for  those  purposes,  and  established  by  standing  laws  : 
and  it  shall  be  among  the  first  acts  of  the  general  court, 
after  the  commencement  of  this  constitution,  to  establish 
such  salary  by  law  accordingly. 

Permanent  and  honorable  salaries  shall  also  be  estab-  fjccw^gCpr^me 
lished  by  law  for  the  justices  of  the  supreme  judicial  court,  judicial  court. 

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

CHAPTER    II. 

Sectiox  II. 
Lieutenant-  Governor. 

Article  I.     There  shall  be  annually  elected  a  lieuten-  Lieutenant- 
ant-governor   of    the    commonwealth    of    Massachusetts,  ^°^e"nd\;uaufl. 
whose   title    shall    be  —  His    Honor;   and  who  shall  be  <=='''°"?-  ^f« 
qualified,  in  pomt  ot   [religion, J^propertyjand  residence  Art^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 
\racancy  shall  be  filled  by  the  senate  and  house   of  repre-  •''""■"''^^  p*"**" 


24 


CONSTITUTION   OF  THE 


vided  for  by 
araeudnients, 
Art.  XIV. 


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


Lieutenant- 
governor  to  be 
acting  governor, 
in  case,  etc. 


sentatives,  in  the  same  manner  as  the  governor  is  to  be 
elected,  in  case  no  one  person  shall  have  a  majority  of  the 
votes  of  the  people  to  be  governor.] 

II.  The  governor,  and  in  his  absence  the  lieutenant- 
governor,  shall  be  president  of  the  council,  but  shall  have 
no  vote  in  council  ;  and  the  lieutenant-governor  shall 
always  be  a  member  of  the  council,  except  when  the  chair 
of  the  governor  shall  be  vacant. 

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


Council. 
Number  of 
couucillors 
changed  to 
eigbt. 

See  amend- 
ments, Art. 
XVI. 


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

Superseded  by 
amendments, 
Art.  XVI. 


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


CHAPTER    II. 

Section  III. 

Council,  and  the  Manner  of  settling  Elections  hi/  tJie  Legis- 
lature. 

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

II.  [Nine  councillors  shall  be  annually  chosen  from 
among  the  persons  returned  for  councillors  and  senators, 
on  the  last  Wednesday  in  May,  by  the  joint  ballot  of 
the  senators  and  representatives  assembled  in  one  room  ; 
and  in  case  there  shall  not  be  found  upon  the  first  choice, 
the  whole  number  of  nine  persons  who  will  accept  a  seat 
in  the  council,  the  deficiency  shall  be  made  up  l)y  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  arrangements  of  the  Rank  of 
commonwealth,  shall  have  rank  next  after  the  lieutenant-  '=°"°'='"o'^ 
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  oflSce  of  the  governor  and  lieuten-  council  to  exer. 
ant-governor  shall  be  vacant,  by  reason  of  death,  absence,  o/governorfa 
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-  miuil^eic.'""* 
ally,  by  the   two   houses   of  the  legislature,   may  not  be 
completed  on  that  day,  the  said  elections  maybe  adjourned 

from  day  to  day  until  the  same  shall  be  completed.     And  gu'^ersedeTb' 
the  order  of  elections  shall  be  as  follows  :  the  vacancies  in  amendments, 
the  senate,  if  any,  shall  first  be  filled  up ;  the  governor  xxv. 
and  lieutenant-governor   shall  then  be  elected,   })rovided 
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]  how  ch^JJT.'^ 
naval  officers,  shall  be  chosen  annually,  by  joint  ballot  of  1^°^,?;;°^!,^'°'/^^ 
the  senators  and  representatives  in  one  room.     And,  that  secretary,  treas- 
the  citizens  of  this  commonwealth  may  be  assured,  from  ceiveV-generai, 
time  to   time,  that  the  moneys  remaining  in  the  public  atlor'^ney-'genf" 
treasury,  upon  the  settlement  and  liquidation  of  the  pub-  mentsfiUu*'"'*' 
lie  accounts,  are  their  property,  no  man  shall  be  eligible  ^vii. 


26 


CONSTITUTION   OF  THE 


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


Secretary  to 
lieep  records ; 
to  attend  llio 
governor  and 
council,  etc. 


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

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

II.  The  records  of  the  commonwealth  shall  be  kept  in 
the  office  of  the  secretary,  who  may  appoint  his  deputies, 
for  whose  conduct  he  shall  be  accountable  ;  and  he  shall 
attend  the  governor  and  council,  the  senate  and  house  of 
representatives,  in  person,  or  by  his  deputies,  as  they  shall 
respectively  require. 


Tenure  of  all 
commissioned 
oflicors  to  be 
expressed. 
Judicial  oHicers 
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.  507, 
561. 

Justices  of  tlie 
peace;  tenure 
of  their  office. 
3  Cash.  5S4. 


Provisions  for 

holding  probate 

courts. 

12  Gray,  147. 


CHAPTER    III. 

JUDICIARY    POWER. 

Article  I.  The  tenure,  that  all  commission  oflScers 
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  diflferent  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  wdio 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  al)ility  or  fidelity,  all  commissions  of  justices  of  the 
peace  shall  expire  and  become  void,  in  the  term  of  seven 
years  from  their  respective  dates ;  and,  upon  the  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
renewed,  or  another  person  appointed,  as  shall  most  con- 
duce to  the  well-being  of  the  commonwealth. 

lY.  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  times  and  places  which  the  respective  judges  shall 
direct. 


COMMONWEALTH  OF  MASSACHUSETTS.  27 

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

116  Mass.  317. 


CHAPTEK    IV. 

DELEGATES    TO    CONGRESS. 

[The  delegates  of  this  commonwealth  to  the  congress  of  Delegates  to 
the  United  States,  shall,  some  time  in  the  month  of  June,  *'°°^''®®^" 
annually,  be  elected  by  the  joint  ballot  of  the  senate  and 
house  of  representatives,  assembled  together  in  one  room  ; 
to  serve  in  congress  for  one  year,  to  commence  on  the  first 
Monday  in  November  then  next  ensuing.  They  shall 
have  commissions  under  the  hand  of  the  governor,  and 
the  great  seal  of  the  commonwealth  ;  but  may  be  recalled 
at  any  time  Avithin  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,  ^°"®s^' 
laid  the  foundation  of  Harvard  College,  in  which  univer- 
sity many  persons  of  great  eminence  have,  by  the  blessing 
of  God,  been  initiated  in  those  arts  and  sciences  which 
qualified  them  for  public  employments,  both   in   church 
and  state ;    and  whereas  the  encouragement  of  arts  and 
sciences,  and  all  good  literature,  tends   to  the  honor  of 
God,  the  advantage  of  the  Christian  religion,  and  the  great 
benefit  of  this  and  the  other  United  States  of  America, 
—  it  is  declared,  that   the  President  and  Fellows  of  powers,  privj- 
Harvard   College,    in   their    corporate    capacity,    and  IhfpreBident 
their  successors  in  that  capacity,  their  officers  and  ser-  confi^rmel^' 
vants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 
powers,  authorities,  rights,  liberties,  privileges,  immunities, 
and  franchises,  which  they  now  have,  or  are  entitled  to 


28  CONSTITUTION   OF   THE 

have,  hold,  use,  exercise,  and  enjoy  ;  and  the  same  are 
hereby  ratified  and  confirmed  unto  them,  the  said  presi- 
dent and  fellows  of  Harvard  College,  and  to  their  suc- 
cessors, and  to  their  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  College  in  Camljridge,  in 
New  England,  or  to  the  president  and  fellows  of  Harvard 
College,  or  to  the  said  college  by  some  other  description, 
under  several  charters,  successively  ;  it  is  declared,  that 

All  gifts,  grants,  ;||1  the  Said  gifts,  grauts,  devises,  legacies,  and  convey- 

stc,  confirmed.  11^  r-  ij.^.]  -li. 

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

III.  And  whereas,  by  an  act  of  the  general  court  of 
the  colony  of  Massachusetts  Bay,  passed  in  the  year  one 
thousand  six  hundred  and  forty-two,  the  governor  and 
deputy-governor,  for  the  time  being,  and  all  the  magis- 
trates of  that  jurisdiction,  were,  with  the  president,  and 
a  number  of  the  clergy  in  the  said  act  described,  consti- 
tuted the  overseers  of  Harvard  College ;  and  it  being 
necessary,    in   this   new    constitution   of  government  to 

■Who  shall  be  asccrtaiu  who  shall  be  deemed  successors  to  the  said  gov- 
o\erBeeis.  emor,  dcputy-govemor,  and  magistrates ;  it  is  declared, 
1851^224?***'  that  the  governor,  lieutenant-governor,  council,  and  senate 
Is^'fn  ^^  ^^^^^  commonwealth,  are,  and  shall  be  deemed,  their 

1865,' 173!  successors,  who,  wnth  the  president  of  Harvard  College, 

'  '''  for  the  time  being,  toiiether  with  the  ministers  of  the  con- 

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

tion  reserved  to  ^         ,    ,,         1        •    1     ,  '^    ,1   •  iji      ^  1   • 

the  legislature,  vcut  the  legislature  01  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  H. 

The  Encouragement  of  Literature^  etc. 

Wisdom  and  knowledge,  as  well  as  virtue,  diffused  gen-  Duty  of  le-isia. 
erally  among  the  body  of  the  people,  being  necessary  for  tures and  magia- 
the  preservation  of  their  rights  and  liberties ;  and  as  these  future  periods. 
depend  on  spreading  the  opportunities  and  advantages  of  visL^sLftV'™' 
education  in  the  various  parts  of  the  country,  and  among  f^j^amend""'*' 
the  different  orders  of  the  people,  it  shall  be  the  duty  of  ^^°'j^^  ^'"'•• 
legislatures  and  magistrates,  in  all  future  periods  of  this  i2Aiion,50o- 
commonwealth,  to  cherish  the  interests  of  literature  and  losMass. 94, 97. 
the  sciences,  and  all  seminaries  of  them ;  especially  the 
university  at   Cambridge,    public   schools    and   grammar 
schools  in  the  towns  ;  to  encourage  private  societies  and 
public  institutions,  rewards  and  immunities,  for  the  pro- 
motion of  agriculture,  arts,  sciences,   commerce,  trades, 
manufactures,  and  a  natural  history  of  the  country ;  to 
countenance  and  inculcate  the  principles  of  humanity  and 
general  benevolence,  public  and  private  charity,  industry 
and  frugality,  honesty  and  punctuality  in  their  dealings  ; 
sincerity,  good  humor,  and  all  social  affections,  and  gen- 
erous sentiments,  among  the  people. 


CHAPTER  VI. 

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

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

"  I,  A.  B.,  do  declare,  that  I  believe  the  Christian  reli-  AboUshed    See 

,'  ,  .  amendments, 

gion,  and  have  a  hrm  persuasion  01  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, 
Bee  amend- 
ments, Art.  VI. 


Oalh  of  oflice. 


Proviso. 
Bee  amend- 
ments, Art.  VI. 


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

And  every  person  chosen  to  either  of  the  places  or 
oflSces  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  sul)- 
scribe  the  following  declaration,  and  oaths  or  affirmations, 
viz.  : 

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

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

the  best  of  my  al)ilities  and  understanding,  agreeably  to 
the  rules  and  regulations  of  the  constitution  and  the  laws 
of  the  commonwealth.     So  help  me,  God." 

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


COMMONWEALTH   OF  MASSACHUSETTS.  31 

people  called  Quakers,  and  shall  decline  taking  the  said 
oath[s],  he  shall  make  his  affirmation  in  the  foregoing 
form,  and  subscribe  the  same,  omitting  the  words,  ["  I  do 
swear, ^'  *'  and  abjure  "  '•'^  oath  or,""  and  ah  juration, ^^  mih^ 
first  oath,  and  in  the  second  oath,  the  words]  '•'' swear 
and,'"  and  [in  each  of  them]  the  w^ords  "  So  help  me, 
God  ;  "  subjoining  instead  thereof,  "  Tliis  I  do  under  the 
'pains  and  penalties  of  j^erjury ." 

And  the  said  oaths  or  affirmations  shall  be  taken  and  .^f^^m.-uions 
subscribed  by  the  o'overnor,  lieutenant-o;overnor,  and  coun-  how  admiuis. 
ciilors,  before  the  president  of  the  senate,  in  the  presence 
of  the  two  houses  of  assembly ;  and  by  the  senators  and 
representatives  first  elected  under  this  constitution,  before 
the  president  and  five  of  the  council  of  the  former  consti- 
tution ;  and  forever  afterwards  before  the  governor  and 
council  for  the  time  being;  and  by  the  residue  of  the 
officers  aforesaid,  before  such  persons  and  in  such  manner 
as  from  time  to  time  shall  be  prescribed  by  the  legislature. 

II.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  elftTgoveruor,' 
under  the  authority  of  this  commonwealth,  except  such  as  SMamend-' "'^ 
hy  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  i^eace  through  the  state  ;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  state  or  government  or  power  whatever. 

No  ])erson  shall  l)e  capable  of  holdino;  or  exercisino;  at  Same  subject. 

■*■  .  ...  ^  p*  1  AlleDt  55o. 

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

No  person  holding  the  office  of  judge  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney-general  —  solicitor-  For°further  pro- 
general —  treasurer  or  receiver-general  — judge  of  probate  iueompauwe 

—  commissary-oeneral — [president,  professor,  or  instruct-  offices,  see 
or  ot  Harvard  College] — sherin  —  clerk  of  the  house  ofArt.  vm. 
representatives  —  register  of  probate  —  register  of  deeds  vardCoiiege 

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


32 


CONSTITUTION   OF   THE 


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

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

And  no  person  shall  ever  be  admitted  to  hold  a  seat  in 
the  leo-islature,  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  suras  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  Conmion- 
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, who  is  not  a  party,  and  be  signed  by  the  clerk  of  such 
court. 

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

VII.  The  privilege  and  benefit  of  the  w^rit  of  habeas 
Becured, except,  covpus  shall  be  cnjoj^cd  in  this  commonwealth,  in  the  most 

free,  easy,  cheap,  expeditious,  and  ample  manner;  and 
shall  not  be  suspended  l)y  the  legislature,  except  upon  the 
most  urgent  and  pressing  occasions,  and  for  a  limited 
time,  not  exceeding  twelve  months. 


Incompatible 

offices. 


Bribery,  etc 

disqualify. 


Value  of  money 
ascertained. 


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

Provisiona 
respecting 
commissions. 


Provisions  re- 
epecting  writs 

2  Pick.  592. 

3  Met.  58. 
13  Gray,  74. 


Continuation  of 
former  laws, 
except,  etc. 

1  Mass.  59. 

2  Mass.  534. 
8  Pick.  309,  316. 
16  Pick.  107,115. 
2  Met.  118. 


Benefit  of 
haheaa  corpus 


COMMONWEALTH  OF  MASSACHUSETTS.  33 

VIII.  The  enacting  style,  in  making  and  })assing  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  ineXcontinued 
form  of  government,  all  officers,  civil  and  military,  hold-  "°''''^'°- 
ing  commissions  under  the   government   and   people    of 
Massachusetts  Bay  in  New  England,  and  all  other  officers 

of  the  said  government  and  people,  at  the  time  this  con- 
stitution shall  take  effect,  shall  have,  hold,  use,  exercise, 
and  enjoy,  all  the  powers  and  authority  to  them  granted 
or  committed,  until  other  persons  shall  be  appointed  in 
their  stead ;  and  all  courts  of  law  shall  proceed  in  the 
execution  of  the  business  of  their  respective  departments  ; 
and  all  the  executive  and  legislative  officers,  bodies,  and 
powers  shall  continue  in  full  force,  in  the  enjoyment  and 
exercise  of  all  their  trusts,  employments,  and  authority; 
until  the  general  court,  and  the  supreme  and  executive 
officers  under  this  constitutioi,,  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-  Bmmk>n.*^°°' 
tions  which  by  any  means  may  be  made  therein,  as  well  pr°Jv!sion  af  to 
as  to  form  such  alterations  as  from  experience  shall    be  =i>nendment8, 

i.  see  ainend- 

lound  necessary,  the  general  court  which  shall  be  ui  the  meuts,  An.  ix. 
year  of  our  Lord  one  thousand  seven  hundred  and  ninety- 
five,  shall  issue  precepts  to  the  selectmen  of  the  several 
towns,  and  to  the  assessors  of  the  unincorporated  planta- 
tions, directing  them  to  convene  the  qualified  voters  of 
their  respective  towns  and  plantations,  for  the  purpose  of 
collecting  their  sentiments  on  the  necessity  or  expediency 
of  revising  the  constitution,  in  order  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-  Provision  for 
thirds  of  the  qualified  voters  throughout  the  state,  who  eutution.'^°°' 
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 


rrovision  for 
])reseiving  and 
publishing  this 
constitution. 


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


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


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


Proviso. 

112  Mass.  200. 


Qualifications  of 
voters  for  gov- 
ernor, lieuten- 
ant-governor, 
senators  and 
representatives. 
See  amend- 
ments, Arts. 
XXX.  and 
XXXII. 
11  Pick  538,540. 
H  Pick.  341. 
14  Mass  307. 
5  Met.  162,298, 
591,  594. 
7  Gray,  299. 
122  Mass. 595,597. 
124  Mass.  596. 


ARTICLES   OF   AMENDMENT. 

Article  I.  If  any  bill  or  resolve  shall  be  ol)jected  to, 
and  not  approved  l)y  the  governor ;  and  if  the  general 
court  shall  adjourn  within  live  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  l)y  the  con.'^titution,  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  inhabitants  of  such  town, 
present  and  voting  thereon,  pursuant  to  a  vote  at  a  meet- 
ing duly  warned  and  holden  for  that  purpose.  And  pro- 
vided, also,  that  all  by-laws,  made  by  such  municipal  or 
city  government,  shall  be  subject,  at  all  times,  to  be  an- 
nulled by  the  general  court. 

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


COMMONWEALTH   OF  MASSACHUSETTS.  35 

such  election,  have  been  assessed  upon  him,  in  any  town  For  educational 
or  district  of  this  commonwealth;  and  also  every  citizen  see  amend-  ' 
who  shall  be,  by  law,  exempted  from  taxation,  and  who  For'provi'sVon^s 
shall  be,  in  all  other  respects,  qualified  as  above  mentioned,]  h°ave°*e'rved°in 
shall  have  a  ris^ht  to  vote  in  such  election  of  o-overnor,  theaimyor 

..  ~  .       ~  ,  navy  in  time  or 

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

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

Art.  IV.     Notaries  pulilic  shall  be  appointed  by  the  Notaries  pubnc, 
governor  in  the  same  manner  as  judicial  officers  are  ap-  and  rern'ovedi"^ 
pointed,  and  shall  hold  their  offices  during  seven  3^ears, 
unless  sooner  removed  by  the  governor,  with  the  consent 
of  the  council,  upon  the  address  of  both  houses  of  the 
legislature. 

[In  case  the  office  of  secretary  or  treasurer  of  the  com-  Vacancies  in  the 
monwealth  shall  become  vacant  from  any  cause,  during  ulry^a^nd^lea's'^' 
the  recess  of  the  general  court,  the  governor,  with  the  ThTsc'iause"'''^" 
advice  and  consent  of  the  council,   shall   nominate   and  s'>pe''8<'ded  by 

.  .,  -  -       .  '  M       T     1         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  commissary. 

^  o  ^  general  may  oe 

require  the  appointment  of  a  commissary-o;eneral,  he  shall  appointed,  ic 

•  •  ..^  case   etc. 

be  nominated,  appointed,  and  commissioned,  in  such  man- 
ner as  the  legislature  may,  b}^  law,  prescribe. 

All  officers  commissioned  to  command  in  the  militia  Miutia  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-  lubaiterns".^ '*'^*' 
nies,  as  well  those  under  as  those  above  the  age  of  twxnty- 
one  years,  shall  have  a  right  to  vote. 

Art.  VI.     Instead  of  the  oath  of  allegiance  prescribed  b^a'ii'officers^" 
by  the  constitution,  the  following  oath  shall  be  taken  and  See  const., 

Gil.  VI    .Art  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  swear,  that  I  will  bear  true 
faith  and  allegiance  to  the  Commonwealth  of  Massachu- 
setts, and  will  support  the  constitution  thereof.  So  help 
me,  God." 

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


36  CONSTITUTION  OF  THE 

he  shall  make  his  affirmation  in  the  foregoing  form,  omit- 
ting the  word  "  swear"  and  inserting,  instead  thereof,  the 
word  "affirm,"  and  omitting  the  words  "  So  help  me,  God," 
and  subjoining,  instead  thereof,  the  words,  "This  I  do 
under  the  pains  and  penalties  of  perjury." 
Tests  abolished,  j^j^j,  yn  ^q  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. 
ofoZef  """^  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,  sheriff,  treasurer,  and  receiver-general, 
register  of  probate,  nor  register  of  deeds,  shall  continue 
to  hold  his  said  office  after  being  elected  a  member  of  the 
Congress  of  the  United  States,  and  accepting  that  trust ; 
hut  the  acceptance  of  such  trust,  by  any  of  the  officers 
aforesaid,  shall  be  deemed  and  taken  to  be  a  resignation 
of  his  said  office ;  and  judges  of  the  courts  of  common 
pleas  shall  hold  no  other  office  under  the  government  of 
this  commonwealth,  the  office  of  justice  of  the  peace  and 
militia  offices  excepted. 
^M^uunion'*  ^°  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 
Iiolden  for  that  purpose,  they  shall  become  part  of  the 
constitution  of  this  commonwealth. 

Art.  X.  The  political  year  shall  l)egin  on  the  first  of°i?ouucaiyeTr! 
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  andterminatior 
dissolved  on  the  day  next  preceding  the  first  Wednesday 
of  January,  without  any  proclamation  or  other  act  of  the 
governor.  But  nothing  herein  contained  shall  prevent 
the  general  court  from  assembling  at  such  other  times  as 
they  shall  judge  necessary,  or  when  called  together  by  the 
governor.  The  governor,  lieutenant-governor  and  coun- 
cillors, shall  also  hold  their  respective  offices  for  one  year 
next  following  the  first  AVednesday  of  January,  and  until 
others  are  chosen  and  qualified  in  their  stead. 

FThe    meetino;  for  the  choice  of  o-overnor,  lieutenant- Meetings  for  the 

L  O  •1111111  choice  of  gov. 

governor,  senators,  and  representatives,  shall  be  held  on  emor, ueuten. 
the  second  INIonday  of  November  in  every  year  ;  but  meet-  etc.fwhen  to  be 
ings  may  be  adjourned,   if  necessary,  for  the  choice  of  Thfs  clause 
representatives,  to  the  next  da}^,  and  again  to  the  next  aXn'dmemsf 
succeeding  day,  but  no  further.      But  in  case  a  second  ^"-^v. 
meeting  shall  be  necessary  for  the  choice  of  representa- 
tives, such  meetings  shall  be  held  on  the  fourth  jNIonday 
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  f^^^ll'^^^^. '° 
October,  next  following  the  day  when  the  same  shall  be  tion. 
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. 


InconsiBtent 

provisions 

annulled. 


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


122  Mass.  40,  41. 


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


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

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

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  39 

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

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

Any  city  or  town  having  ratable  polls  enough  to  elect  ^^^^Hl'^i'^^^'^ 
one  or  more  representatives,  with  any  number  of  polls 
beyond  the  necessary  number,  may  be  represented,  as  to 
that  surplus  number,  l)y  multiplying  such  surplus  number 
by  ten  and  dividing  the  product  by  four  hundred  and  fifty  ; 
and  such  city  or  town  may  elect  one  additional  represen- 
tative as  many  years,  within  the  ten  years,  as  four  hundred 
and  fifty  is  contained  in  the  product  aforesaid. 

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

S  J       1'  •       -J  n   j\        1  ^  1^  i  unite  into  repre- 

may,  by  consent  oi  a  majority  oi  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  d"terraine\he 
Lord  one  thousand  eight  hundred  and  thirty-seven,  accord-  re"entativ4'^tr 
ing  to  the  foregoing  principles,  the  number  of  representa-  to  wn'^is'' en  titled 
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  "uTeSn°e''ve^'*'*^ 
number  of  ratable  polls  in  each  decennial  census  of  polls,  'en  years. 
shall  determine  the  number  of  representatives,  which  each 
city,  town  and  representative  district  may  elect  as  afore- 
said ;  and  when  the  number  of  representatives  to  be  elected 


40 


COXSTITUTIOX  OF  THE 


Inconsistent 

provisions 

iiunulled. 


Census  of  inhab- 
itants tobc  taken 
in  1S40,  and  de- 
cennially there- 
after, for  basis 
of  representa- 
tion. 

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


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


Small  towns 
how  repre- 
sented. 


Towns  may 
unite  into  repre- 
sentative dis- 
tricts. 


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

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

Art.  Xlll.  [A  census  of  the  inhabitants  of  each  city 
and  town,  on  the  tirst  day  of  May,  shall  be  taken,  and 
returned  into  the  secretary's  office,  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.  i>2 Mass. 595. 

The  several  senatorial  districts  now  existing  shall  be 
permanent.  The  senate  shall  consist  of  forty  members; 
and  in  the  year  one  thousand  eight  hundred  and  forty, 
and  every  tenth  year  thereafter,  the  governor  and  council 
shall  assign  the  number  of  senators  to  be  chosen  in  each 
district,  according  to  the  number  of  inhabitants  in  the 
same.  But,  in  all  cases,  at  least  one  senator  shall  be 
assigned  to  each  district. 

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  41 

The  number  of  inhabitants  which  shall  entitle  a  town  Basis  ot  repre. 

.  ,      ,  .  .  eentation,  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  Ja^'dc^o^ucTto 
council  shall,  before  the  lirst  day  of  September,  apportion  apportioutbe 

'  .  I'll         'J.        J.  1   number  of  lep- 

the  number  oi  representatives  which  each  city,  town,  and  resentatives  of 
representative  district  is  entitled  to  elect,  and  ascertain  fn  ever^t'eu"''^ 
how  many  years,  within  ten  years,  any  town  may  elect  a  y*"^""*' 
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  tirst  Wednesday  of  January,  the  people  at 
or  as  soon  thereafter  as  may  be,  by  the  joint  ballot  of  the  Provisions  as  to 
senators  and  representatives,  assembled  in  one  room,  who  superseded  by 
shall,  as  soon  as.  may  be,  in  like  manner,  fill  up  any  vacan-  ^^''^^yj"'*' 
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  JuSa^tion^r 
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  in  the  executive  council,      not  required. 

Art.  XIV.     In  all  elections  of  civil  officers  by  the  peo-  Elections  by  tha 
pie  of  this  commonwealth,  whose  election  is  provided  for  pfur^auty  of^ ^^ 
by  the  constitution,  the  person  having  the  highest  number  "^'°^'^''- 
of  votes  shall  be  deemed  and  declared  to  be  elected. 

Art.  XV.     The  meeting  for  the  choice  of  governor,  Time  of  annual 
lieutenant-governor,  senators,  and  representatives,   shall  emor and  legis. 
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, 
598. 


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. 


Oi'ganization  of 
the  government. 


Art.  XVI.  Eight  councillors  shall  be  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  tow^n  or  ward  of  a  city,  and  each  entitled  to  elect 
one  councillor  '.provided,  however,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as 
they  shall  be,  from  time  to  time,  established  by  the  legisla- 
ture. No  person  shall  be  eligible  to  the  ofiice  of  council 
lor  who  has  not  been  an  inhabitant  of  the  commonwealth 
for  the  term  of  five  years  immediately  preceding  his  elec- 
tion. The  day  and  manner  of  the  election,  the  return  of 
the  votes,  and  the  declaration  of  the  said  elections,  shall 
be  the  same  as  are  required  in  the  election  of  governor. 
[Whenever  there  shall  be  a  failure  to  elect  the  full  num- 
ber of  councillors,  the  vacancies  shall  be  filled  in  the  same 
manner  as  is  required  for  filling  vacancies  in  the  senate ; 
and  vacancies  occasioned  by  death,  removal  from  the  state, 
or  otherwise,  shall  be  filled  in  like  manner,  as  soon  as  may 
be,  after  such  vacancies  shall  have  happened.]  And  that 
there  may  be  no  delay  in  the  organization  of  the  govern- 
ment on  the  first  Wednesday  of  January,  the  governor, 
with  at  least  five  councillors  for  the  time  being,  shall,  as 
soon  as  may  be,  examine  the  returned  copies  of  the  records 
for  the  election  of  governor,  lieutenant-governor,  and  coun- 
cillors ;  and  ten  days  before  the  said  first  Wednesday  in 
January  he  shall  issue  his  summons  to  such  persons  as 
appear  to  be  chosen,  to  attend  on  that  day  to  be  qualified 
accordingly  ;  and  the  secretary  shall  lay  the  returns  before 
the  senate  and  house  of  representatives  on  the  said  first 
Wednesday  in  January,  to  be  by  them  examined  ;  and  in 
case  of  the  election  of  either  of  said  officers,  the  choice 
shall  be  by  them  declared  and  published  ;  but  in  case 
there  shall  be  no  election  of  either  of  said  officers,  the 
legislature    shall   proceed   to   fill    such  vacancies  in   the 


COMMONWEALTH  OF  MASSACHUSETTS.  43 

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

Art.  XVII.     The  secretary,   treasurer   and   receiver- Election  of 
general,   auditor,   and  attorney-general,   shall    be  chosen  u'rerfauditorT^' 
annually,  on  the   day  in    November   prescribed    for    the  genera\°byThe 
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  o-overnor.     In  case  of  a  failure  to  elect  yacancies,  how 
either  of  said  officers  on  the  day  in  November  aforesaid, 
or  in  case  of  the  decease,  in  the  mean  time,  of  the  person 
elected  as  such,  such  officer  shall  be  chosen  on  or  before 
the  third  Wednesday  in    January  next   thereafter,  from 
the  two  persons  who  had  the  highest  number  of  votes  for 
said  offices  on  the  day  in  November  aforesaid,  by  joint 
ballot  of  the  senators  and  representatives,  in  one  room ; 
and  in  case  the  office  of  secretary,  or  treasurer  and  receiver- 
general,  or  auditor,  or  attorney-general,  shall  become  va- 
cant, from  any  cause,  during  an  annual  or  special  session 
of  the  general  court,  such  vacancy  shall  in   like  manner 
be  filled  by  choice  from  the  people  at  large ;  but  if  such 
vacancy  shall  occur  at  any  other  time,  it  shall  be  supplied 
by  the  governor  by  appointment,  with  the  advice  and  con- 
sent of  the  council.     The  person  so  chosen  or  appointed, 
duly  qualified  in  other  respects,  shall  hold  his  office  until 
his  successor  is  chosen  and  duly  qualified  in   his  stead. 
In  case  any  person  chosen  or  appointed  to  either  of  the  To  qualify  with 
offices  aforesaid,  shall  neglect,  for  the  space  of  ten  days  o'theAv^isT^office 
after  he  could  otherwise  enter  upon  his  duties,  to  qualify  vacant.'^'^™^'^ 
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°forBma. 
all  moneys  which  may  be  appropriated  by  the  state  for  FOTorig'inar 
the  support  of  common  schools,  shall  be  applied  to,  and  pio^-ision  as  to 

^1  '  11  '  schools,  see 

expended  in,  no  other  schools  than  those  which  are  con-  constitution, 

•  Piirt  First   Art 

ducted  according  to  law,  under  the  order  and  superintend- lii. 


44 


CONSTITUTION  OF  THE 


12  Allen,  500, 

508. 

103  Mass.  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. 
Proviso. 
For  other  quali- 
fications, see 
amendments, 
Art.  III. 
See  also  amend- 
ments, Art. 
XXIII.,  which 
was  annulled  by 
amendments. 
Art.  XXVI. 

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


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


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

Art.  XIX.  The  legislature  shall  prescribe,  by  general 
law,  for  the  election  of  sheriffs,  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,  how- 
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  be 
sixty  years  of  age  or  upwards  at  the  time  this  amendment 
shall  take  effect. 

Art.  XXI.  A  census  of  the  legal  voters  of  each  city 
and  town,  on  the  first  day  of  May,  shall  be  taken  and 
returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty-seven  ;  and  a  census  of 
the  inhabitants  of  each  city  and  town,  in  the  year  one 
thousand  eight  hundred  and  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enumer- 
ation shall  be  made  of  the  legal  voters  ;  and  in  each  city, 
said  enumeration  shall  specify  the  number  of  such  legal 
voters  aforesaid,  residing  in  each  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  be  apportioned  by 
the  legislature,  at  its  first  session  after  the  return  of  each 
enumeration  as  aforesaid,  to  the  several  counties  of  the 
commonwealth,  equally,  as  nearly  as  may  be,  according 
to  their  relative  numbers  of  legal  voters,  as  ascertained 
by  the  next  preceding  special  enumeration ;  and  the  town 
of  Cohasset,  in  the  county  of  Norfolk,  shall,  for  this  pur- 
pose, as  well  as  in  the  formation  of  districts,  as  hereinafter 
provided,  be  considered  a  part  of  the  county  of  Plymouth ; 


COMMONWEALTH  OF  MASSACHUSETTS.  45 

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

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

by  the  legislature,  the  number  of  representatives  to  which  ^'""'^^  '=°''°''''' 

each  county  shall  be  entitled,  to  the  board  authorized  to 

divide   each   county   into   representative   districts.     The 

mayor  and  aldermen  of  the  city  of  Boston,  the  county 

commissioners  of  other  counties  than  Suffolk,  —  or  in  lieu 

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

county  commissioners  in  each  county  other  than  Suffolk, 

such  board  of  special  commissioners  in  each  county,  to 

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

therein,  as  may  fof  that  purpose  be  provided  by  law,  — • 

shall,    on   the   first   Tuesday  of  August  next  after  each  Meeting  for 

'  •/  o  division  to  09 

assignment  of  representatives  to  each  county,  assemble  at  first  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  Quaiiflcations of 
his  election,  shall  have  been  an  inhabitant  of  the  district  i22Mal°.'595r* 
for  which  he  is  chosen,  and  shall  cease  to  represent  such  ^^^* 
district  w^ien  he  shall  cease  to  be  an  inhabitant  of  the 
commonwealth.     The   districts  in   each   county  shall  be  Districts  to  be 
numbered  by  the  board  creating  the  same,  and  a  descrip-  de^ribe'dknd 
tion  of  each,  wnth  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  ArtTxxxiii. 
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.  XXn.     A  census  of  the  legal  voters  of  each  city  census,  etc. 
and  town,  on  the  first  day  of  May,  shall  be  taken  and 
returned  into  the  office  of  the  secretary  of  the  common- 
wealth, on  or  before  the  last  day  of  June,  in  the  year  one 


46 


CONSTITUTION  OF  THE 


Voters  to  be 
basis  of  appor- 
tionment  of 
senators. 


Senate  to  consist 
of  forty  mem- 
bers. 


Senatorial 
districts,  etc. 


See  amend- 
ments, Art. 
XXIV. 


Qualifications 
of  senators. 


Quorum,  see 
amendments. 
Art.  XXXIII. 


Residence  of 
two  years  re- 
quired of  natu- 
ralized  citizens, 
to  entitle  to  suf. 
frage  or  make 
eligible  to  office. 
This  article 
annulled  by 
Art.  XXVI. 


Vacancies  in  the 
senate. 


Vacancies  in  the 
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  sixty-five,  and  of  every  tenth 
year  thereafter.  In  the  census  aforesaid,  a  special  enu- 
meration shall  be  made  of  the  legal  voters,  and  in  each 
city  said  enumeration  shall  specify  the  number  of  such 
legal  voters  aforesaid,  residing  in  each  ward  of  such  city. 
The  enumeration  aforesaid  shall  determine  the  apportion- 
ment of  senators  for  the  periods  between  the  taking  of  the 
census.  The  senate  sliall  consist  of  forty  members.  The 
general  court  shall,  at  its  first  session  after  each  next  pre- 
ceding special  enumeration,  divide  the  commonwealth  into 
forty  districts  of  adjacent  territory,  each  district  to  contain, 
as  nearly  as  may  be,  an  equal  number  of  legal  voters,  ac- 
cording to  the  enumeration  aforesaid  :  provided,  hou'ever, 
that  no  town  or  ward  of  a  city  shall  be  divided  therefor  ; 
and  such  districts  shall  be  formed,  as  nearly  as  may  be, 
without  uniting  two  counties,  or  parts  of  two  or  more 
counties,  into  one  district.  Each  district  shall  elect  one 
senator,  who  shall  have  been  an  inhabitant  of  this  com- 
monwealth five  years  at  least  immediately  preceding  his 
election,  and  at  the  time  of  his  election  shall  be  an  inhab- 
itant of  the  district  for  which  he  is  chosen;  and  he  shall 
cease  to  represent  such  senatorial  district  when  he  shall 
cease  to  be  an  inhabitant  of  the  commonwealth.  [Not  less 
than  sixteen  senators  shall  constitute  a  quorum  for  doing 
business  ;  but  a  less  number  may  organize  temporarily, 
adjourn  from  day  to  day,  and  compel  the  attendance  of 
absent  members.] 

Art.  XXIII.  [No  person  of  foreign  birth  shall  be  en- 
titled to  vote,  or  shall  be  eligible  to  oflice,  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 :  provided,  that  this  amend- 
ment shall  not  affect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and, 
provided,  further,  that  it  shall  not  aflect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  al3sence  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,  by  concurrent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occurs,  to  fill  that  office.  If  such  vacancy  shall 
happen  when  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  the 
same  by  appointment  of  some  eligible  person. ' 

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

/•  1  j_/»ji  j_'j_j_'  /»j1'  ^J_^       article  of  amend 

ot  amendment  oi  the  constitution  or  this  commonwealth,  ments  anuuiied. 
which  is  as  follows,  to  wit :  "  No  person  of  foreign  birth 
shall  be  entitled  to  vote,  or  shall  be  eligible  to  ofiice,  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  :  provided,  that  this  amend- 
ment shall  not  afiect  the  rights  which  any  person  of  foreign 
birth  possessed  at  the  time  of  the  adoption  thereof;  and 
provided,  fur tJier,  that  it  shall  not  afiect  the  rights  of  any 
child  of  a  citizen  of  the  United  States,  born  during  the 
temporary  absence  of  the  parent  therefrom,"  is  hereby 
wholly  annulled. 

Art.  XXVII.     So  much  of  article  two  of  chapter  six  Provisions  of 
of  the  constitution   of  this  commonwealth  as  relates  to  vi.,  reiatiDg^'o 
persons   holding   the    office   of  president,    professor,    or  vfJ-dToUeg^i'' 
instructor  of  Harvard  College,  is  hereby  annulled.  annulled. 

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

Art.  XXIX.  The  general  court  shall  have  full  power  voungpre- 
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  di.>  - 
elections  for  governor,  lieutenant-governor,  senators,  and  ^^Ron^o^f change 
representatives,  shall,  by  reason  of  a  change  of  residence  untulbf months 
within  the  Commonwealth,  be  disqualified  from  voting  for  1^^^'^™**  °' 
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 
ta.f  as  a  voting 
qualification, 
annulled. 


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


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


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


Art.  XXXI.  Article  twenty-eight  of  the  Amendments 
of  the  Constitution  is  hereby  amended  by  striking  out  in 
the  fourth  line  thereof  the  words  "  being  a  pauper",  and 
inserting  in  place  thereof  the  words  :  —  receiving  or  having 
received  aid  from  any  city  or  town,  —  and  also  by  striking 
out  in  said  fourth  line  the  words  *'  if  a  pauper",  so  that 
the  article  as  amended  shall  read  as  follows  :  Article 
XXVIII.  No  person  having  served  in  the  army  or  navy 
of  the  United  States  in  time  of  war,  and  having  been  hon- 
orably discharged  from  such  service,  if  otherwise  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,  any  state  or 
county  tax,  w^hich  shall,  within  two  years  next  preceding 
such  election,  have  been  assessed  upon  him,  in  any  towm 
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  hereby  annulled. 

Art.  XXXV.  So  much  of  article  two  of  section  three 
of  chapter  one  of  the  Constitution  of  the  Commonwealth 
as  is  contained  in  the  following  words  :  ' '  The  expenses  of 
travelling  to  the  general  assembly,  and  returning  home, 
once  in  every  session,  and  no  more,  shall  be  paid  by  the 
government,  out  of  the  public  treasury,  to  every  member 
who  shall  attend  as  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  da}-  of  March,  1780,  when  the  convention  adjourned  to  meet 
on  the  first  "Wednesday  of  the  ensuing  June.  In  the  mean  time  the 
constitution  was  submitted  to  the  people,  to  be  adopted  by  them, 
provided  two-thirds  of  the  votes  given  should  be  in  the  affirmative. 
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  an}^  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  ado])ted  by  the  legislatures  of  the  political 
years  1829-30,  and  1830-31,  respectively,  and  was  approved  and  rati- 
fied by  the  people  May  11,  1831. 

The  eleventh  Article  was  adopted  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  by  the  legislatures  of  the  political 
years  1835  and  1836,  respectively,  and  was  approved  and  ratified  by 
the  people  the  fourteenth  day  of  November,  1836. 

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

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

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


60  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  May,  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  18G0,  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. 

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

The  twenty-ninth  Article  was  adopted  by  the  legislatures  of  the 
political  years  1884  and  1885,  and  was  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  the 
political  years  1892  and  1893.  and  was  approved  and  ratified  by  the 
people  on  the  seventh  day  of  November,  1893. 

The  thirty-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. 

Pagt 

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

removed  by  governor  with  consent  of  council  upon,  26 

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

Alimony,  divorce,  etc., 27 

Amendment  to  the  constitution,  proposed  in  the  general  court, 
agi-eed  to  by  a  majority  of  senators  and  two-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  next  general  court  agrees 
to  the  proposition  in  the  same  manner,  and  to  tlie  same 
effect,  it  shall  be  submitted  to  the  people,  and,  if  approved 
by  them  by  a  majority  vote,  becomes  a  part  of  the  con 

stitution, 

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, IG,  39 

to  tlie  several  counties,  made  on  the  basis  of  legal  voters. 
Armies,  dangerous  to  liberty,  and  not  to  be  maintained  without  con 

sent  of  the  legislature, 

Anus,  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,  21, 
to  hold  office  for  one  year  from  third  Wednesday  in  January 
next  thereafter,  and  until  another  is  chosen  and  qualihed 

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 


36, 
41, 

40, 


40, 


37 
42 
42 
46 

46 
44 
44 


18 
7 
7 

43 

43 
43 


43 


52 


INDEX  TO   THE   CONSTITUTION. 


Attorney-general,  vacancy  occurring  during  session  of  the  legisla- 
ture, filled  by  joint  ballot  of  legislature  from  tlie  people 
at  large, 

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

not  eligible,  unless  an  inliabitant  of  the  state  for  five  years 
next  preceding  election  or  appointment,     .... 

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 

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

to  hold  office  for  one  year  from  third  "Wednesday  in  January 
next  thereafter,  and  until  another  is  chosen  and  qualified, 

election  determined  by  legislature, 

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

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

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 
to  be  qualified  within  ten  daj^s, 


Page 


43 
43 
43 

43 

44 
43 

43 
43 
43 

43 

43 


B. 

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

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

Bills  and  resolves,  to  be  laid  before  governor  for  revisal,  . 

to  have  foi'ce  of  law  if  signed  by  governor, 

if  objected  to  by  governor  in  Avriting,   to   be  returned  to 

branch  in  which  originated,  and  may  be  passed  by  two 

thirds  of  each  branch  present  and  voting  thereon  bj^  yeas 

and  nays, 

if  not  returned  by  governor  within  five  days  after  presenta 
tion,  to  have  force  of  law,  unless  the  legislature  adjom-ns 

before  that  time  expires, 

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

Body  politic,  formation  and  nature  of, 

title  of :  The  Commonwealth  of  Massachusetts, 
Bribery  or  corruption  used  in  procuring  an  appointment  or  election 
to  disqualify  from  holding  any  office  of  trust,  etc.,    . 


9 
17 
10 

10 


10 


11.  34 

22 

3 

10 

32 


c. 

Census  of  ratable  polls, 38 

of  inhabitants 40,  44,  45 

of  mhabitants  and  legal  voters  taken  in  the  j'ear  1865,  and 

every  tenth  j'ear  thereafter, 44,  4G 

enumeration  of   voters  to  determine   the   apportionment  of 

representatives, 44 


INDEX  TO  THE   CONSTITUTION. 


53 


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

thereof, 34 

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

elected  by  a  plurality  of  votes, 41 

Clerks  of  courts,  elected  by  the  people  of  the  several  counties,  .  44 
Clerks  of  towns,  to  make  records  and  retui'ns  of  elections,  .  .  13 
Colonial  laws,   not    repugnant  to  the    constitution,   continued    in 

force, 32 

Commander-in-chief,  governor  to  be, 20 

Commerce,  agriculture  and  the  arts,  to  be  encouraged,  ...  29 
Commissary-general,  appointed  and  commissioned  as  fixed  by  law,  .  25,  35 
Commission  officers,  tenure  of  office  to  be  expressed  in  commissions,  26 
Commissioners  of  insolvency,  elected  by  the  people  of  the  several 

counties;  annulled, 44,49 

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

seal  affixed, 32 

Congress,  delegates  to, 27 

members  of,  may  not  hold  certain  state  offices,  .        .        36 

Constitution,  amendment  to,  proposed  in  the  general  court,  agreed 
to  by  a  majority  of  senators  and  two-thii'ds  of  the  house 
present  and  A'oting  thereon  by  j'eas  and  nays;  entered 
upon  the  journals  of  both  houses,  and  referred  to  the  next 
general  court;  if  the  next  general  court  agrees  to  the 
proposition  in  the  same  manner  and  to  the  same  eflect,  it 
shall  be  submitted  to  the  people,  and,  if  approved  by  them 
by  a  majority  vote,  becomes  a  part  of  the  constitution,    .  36,  37 

Constitution,  pi-o visions  for  revising, 33,  36 

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

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

Coroners, 21 

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

Council,  live  members  to  constitute  a  quorum, 24 

eight  councillors  to  be  elected  annually, 24,  42 

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

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

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

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

by  the  members  present, 25 

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

and  lieutenant-governor  is  vacant, 25 


54  INDEX  TO   THE   CONSTITUTION. 

P9ge 

Council,  no  property  qualification  required, 41 

eight  districts  to  be  formed,  eacli  composed  of  five  contiguous 

senatorial  districts, 42 

eligible  to  election  if  an  inliabitant  of  state  for  five  years  pre- 
ceding election, 42 

term  of  office 37 

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

council, 46,  47 

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

judges  not  to  hold  certain  otlier  offices,     .....         36 
to  give  opinions  upon  important  questions  of  law,  etc. ,  when 
requu-ed  by  either  branch  of  the  legislature  or  by  the 

governor  and  council, 26 

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

Courts,  probate,  provisions  for  holding, 26 

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

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

may  administer  oaths  or  affirmations,  .        .        .        .         II 

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

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

D. 

Debate,  freedom  of,  in  the  legislature          ......  8 

Declaration  of  the  rights  of  the  inhabitants 4 

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

Delegates  to  congress, 27 

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

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

senatorial  districts, 42 

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

several  counties, 39,  45 

Divorce,  alimony,  etc., 27 

E. 

Educational  interests  to  be  cherished, 29 

Elections  ought  to  be  free, 6 

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


INDEX  TO  THE   CONSTITUTION.  55 

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

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

on  foiu-th  Monday  in  November, 41 

Election  returns, . 

Enacting  style  of  laws,  established, 

Equality  and  natural  rights  of  all  men, 

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

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


13,  42 

33 

4 

12 


F. 

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

Fines,  excessive,  not  to  be  imposed, 9 

Frame  of  government, 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, g 

freedom  of  speech  and  debate  in, 8 

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

formed  by  two  branches,  a  senate  and  house  of  represeTita- 

tives,  each  having  a  negative  on  the  other  .        ...         10 
to  assemble  every  year  on  the  first  Wednesday  of  January,  at 
such  other  times  as  they  shall  judge  necessary,  and  when- 
ever called  by  the  governor  with  the  advice  of  council,  10,  19,  37 
may  constitute  and  erect  judicatories  and  courts,      .        .        .         n 
may  make  wholesome  and  reasonable  laws  and  ordinances  not 

repugnant  to  the  constitution, H 

may  provide  for  the  election  or  appointment  of  ofiicers,  and 

prescribe  their  duties, U 

may  impose  taxes,  etc.,  to  be  used  for  the  public  service,        .         12 
to  be  dissolved  on  the  day  next  preceding  the  first  Wechies- 

day  of  January, 20,  37 

travelling  expenses  of  members ;  provision  annulled,       .         .  IG,  48 
may  be  adjourned  or  prorogued,  upon  its  request,  by  the  gov- 
ernor with  advice  of  council, 19 

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


56 


INDEX   TO   THE   CONSTITUTION. 


Page 

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

to  office, 32 

certain  officers  not  to  have  seats  in, 31 

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

houses  disagree,  etc., 20 

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

empowered  to  charter  cities, 34 

to  determine  election  of  governor,  lieutenant-governor  and 

councillors, 41,  42 

to  prescribe  by  law  for  election  of  sheriffs,  registers  of  probate 

and  commissioners  of  insolvency  by  the  people  of  the 

counties,   and  district  attorneys    by  the  people  of    the 

districts,       

quorum,  to  consist  of  a  majority  of  members,  . 

Government,  objects  of 3,  5, 

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

state,    

Governor,  tlie  supreme  executive  magistrate,  st}'led,  —  The  Gover 

nor  of  the  Commonwealth  of  Massachusetts;  with  the 

title  of,  —  His  Excellency ;  elected  annually, 

qualifications, .18 

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

should  have  an  honorable  stated  salary,     .... 

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

oblige  them  to  go  out  of  the  limits  of  the  state, 

to  appoint  tlie  adjutant-general, 

may  call  togetlier  the  councillors  at  any  time,  . 

not  to  hold  certain  other  offices,  ..... 

to  talce  oaths  of  office  before  president  of  the  senate  in  pres 

ence  of  the  two  houses  of  assembly,  .... 

to  sign  all  commissions, 

election  determined  by  tlie  legislature,       .... 

veto  power, 

vacancy  in  office  of,  powers  to  be  exercised  by  the  lieutenant 

governor,      ......... 

vacancy  in  office  of  governor  and  lieutenant-governor,  power 

to  be  exercised  by  the  council,    ..... 
with  advice  of  council,  may  adjourn  or  prorogue  the  legisla^ 

ture  upon  request,  and  convene  the  same,  . 
may  adjourn  or  prorogue  the  legislature  for  not  exceeding 
ninety  days  wlien  houses  disagree,  or  may  direct  session 
to  be  held  in  other  than  the  usual  place  in  case  of  an  in- 
fectious distemper  prevailing, 19 

to  appoint  all  judicial  officers,  notaries  public  and  coroners; 
nominations  to  be  made  at  least  seven  days  before  appoint- 
ment,     21,  36 


44 

48 
6 


18 

36,  48 

37 

23 

20,  21 
22 
19 
31 

31 

32 

42,  43 

10 

24 


19 


INDEX  TO   THE   CONSTITUTION.  57 

Page 

Governor,  to  appoint  officers  of  the  continental  army,  ...  22 
may  pardon  oflences,  but  not  before  conviction,  ...  21 
may  All  vacancy  in  council  occurring  when  legislature  is  not 

in  session 47 

with  consent  of  council,  may  remove  judicial  officers,  i;pon 

the  address  of  both  houses  of  the  legislature,     ...        26 
Governor  and  council,  to  examine  election  returns,     .        .        .        .  14,  42 
may  punish  persons  guilty  of  disrespect,  etc.,  by  imprison- 
ment not  exceeding  thirty  days, 17,18 

quorum  to  consist  of  governor  and  at  least  five  members  of 

the  council, 19 

may  require  the  attendance  of  the  secretary  of  the  common- 
wealth in  person  or  by  deputy, 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'ants  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  Representatives,  members  may  be  instructed  by  the  people,  8 

a  representation  of  the  people  annually  elected  and  founded 

upon  the  principle  of  equality, 16 

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

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

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

large  upon  records, 10 

qualifications  of  members, 17,41,45 

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

members  not  to  be  an'ested  on  mesne  process  during  going  to, 

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

the  grand  inquest  of  the  commonwealth, 17 

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

concur  with  amendments,    .        .        .        .        .        .        .        17 

not  to  adjourn  more  than  two  days  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   CONSTITUTION. 

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

may  require  tlie  attendance  of  secretary  of  tlie  commouwealtli 

in  person  or  by  deputy, 26 

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

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

first  Monday  of  November, 41 

in  case  of  failure  to  elect,  meeting  to  be  held  on  the  f om'th 

Monday  of  November, 41 

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

commissioners  to  Llivide  counties  into  representative  districts 
of  contiguous  territorj^  but  no  town  or  ward  of  a  city  to 
be  divided, 45 

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

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

I. 

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

indictment, 15,  16 

Incompatiljle  ofllces, 31,  36 

"  Inhabitant,"  the  word  defined, 13 

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

Insolvency,  commissioners  of,  elected  l)y  the  people  of  the  several 

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

Instruction  of  representatives, .  8 


J. 

Judges  of  courts  may  not  hold  certain  other  offices,   .        ,        .        .  31,  86 
Judges  of  the  supreme  judicial  court,  to  hold  office  during  good 
behavior,  and  to  have  honorable  salaries  established  by 

standing  laws, 9,  23,  26 

to  give  opinions  upon  impoi'tant  questions  of  law,  etc.,  when 
required  by  the  governor  and  coimcil,  or  either  branch  of 

legislature, 26 

not  to  hold  certain  otlier  offices, 31 

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

may  administer  oaths  or  affirmations, II 

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


INDEX  TO   THE   CONSTITUTION.  59 

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

to  hold  office  during  good  behavior,  except  when  otherwise 

provided  by  the  constitution, 26 

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

of  both  houses  of  the  legislature, 26 

Jury,  trial  by,  right  secured, 7 

Justices  of  the  peace,  commissions  to  expire  in  seven  years  fi'om 

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,  subject  to,  except  by  authority 

of  the  legislature, 9 

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

power  of  suspension  or  execution  of,  only  in  the  legislatui'e,  8 

ex  post  facto,  prohibited  as  unjust  and  inconsistent  with  free 

government, 9 

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

Legislative  power, 9 

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

Legislature  (see  General  Court). 

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

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

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

41,  48 
in  the  absence  of  governor,  to  be  president  of  the  council,  .  2-J 
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  other  offices, 31 

term  of  office, 37 

Literature  and  the  sciences  to  be  encouraged, 29 

M. 

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

concurrent  vote, 21 

may  appoint  their  aids 22 


60 


INDEX  TO   THE   CONSTITUTION. 


MaiTiage,  divorce  and  alimony, 27 

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

legislature, 9 

Military  power,  subordinate  to  civil  authority, 8 

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

limits  of  the  state, 21 

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

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

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

brigadiers,  elected  by  field  officers, 21 

major-generals,  elected  by  senate  and  house  of  representatives 

by  concurrent  vote, 21 

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

may  appoint  officers, 22 

officers  commissioned  to  command  may  be  removed  as  may 

be  prescribed  by  law, 22,  35 

appointment  of  stafi"  officers, 22 

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

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

shillings  and  eightpence  per  ounce, 32 

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

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

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

Moral  qualifications  for  office 8 

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

address  of  both  houses 35 


o. 


Oaths  and  affirmations,  may  be  administered  by  courts  and  judica^ 
tories, 


how  and  by  whom  taken  and  subscribed,  . 

forms  of, 

Quakers  may  affirm, 

to  be  taken  by  all  civil  and  military  officers , 

Objects  of  government, 

Ofliences  and  crimes,  prosecutions  for,  regulated. 

Office  of  trust,  person  convicted  of  briber}^  etc.,  not  to  hold, 

Office,  rotation  in,  right  secured, 


29,  30 
29 
31 


11 

31,35 

30,  35 

35,36 

35 

3,6 

7 

32 

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,  pi'ohibited  to  governor,  lieutenant-governor  and 

judges 31,  36 

incompatible, 31,  32,  36 

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

of, 11 

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

Officers,  judicial,  to  hold  office  during  good  behavior,  except,  etc.,    .        26 
may  be  removed  by  governor,  Avith  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  bear  arms  for  the  public  defence,  8 
have  a  right  to  assemble  to  consult  upon  the  common  good, 
to  instruct  their  representatives,  and  to  petition  legisla- 
ture,   8 

Person  and  property,  i-emedy  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 

Pku'ality  of  offices, 31 

of  votes,  election  of  civil  officers  by, 41 

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

PoUs,  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 

Pi'obate  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  ofiences  regulated,          ....  7 


62  INDEX  TO   THE   CONSTITUTION. 

Page 

Provincial  laws,  not  repugnant  to  the  constitution,   continued  In 

force, 32 

Public  boards  and  certain  officers  to  make  quarterly  reports  to  the 

governor, 22 

Public  officers,  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,  abolished,  ....        48 

Qualification,  property,  partially  abolished, 41 

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

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

of  lieutenant-governor, 23,  43,  48 

of  councillors, 41,43 

of  senators, 15,  40,  46 

of  representatives, .        .16,41,45 

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

Quartermasters,  appointed  by  commanding  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, 

Records  of  the  commonwealth  to  be  kept  in  the  office  of  the  secre 

tary,      

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

signed  by  members  present, 

Registers  of  probate,  chosen  by  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  by  law, 

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


44 

26 

25 

21,44 

5,  38 

5,38 

5,38 

38 


INDEX  TO   THE   CONSTITUTION.  63 

Page 
Eeligious  worship,  public,  right  and  duty  of,  and  protection  therein,  4 

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

worship, 4,  5,  38 

Remedies  by  recourse  to  the  law,  to  be  free,  complete  and  pi'ompt,  .  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  and  soldiers,  who  have  served,  etc.,  during  time  of  war,  not 
disqualified  from  voting  on   account  of  non-paymeut  of 
poll  tax,        ..........         48 

Salary,  a  stated  and  honorable  salary  to  be  established  for  the  gov- 
ernor,   23 

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

if  not  sufficient, 9,  23 

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

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

Secretary  of  the  commonwealth,  to  ])e  chosen  by  the  people  annually 

in  November,        .         .        .         • 25,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

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

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

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

vacancy  occurring  during  session  of  the  legislature,  filled  by 

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

vacancy  occurring  when  legislature  is  not  in  session,  to  be  filled 
by  governor,  by  appointment,  with  advice  and  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  qualified  within  ten  days, 43 

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

may  appoint  deputies,  for  whose  conduct  he  shall  be  account- 
able,       2G 

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 


64  INDEX  TO   THE   CONSTITUTION. 

Pagt 

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

Self-government,  right  of,  asserted, 6 

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

to  consist  of  forty  members,  apportionment,  etc.,    .         .     12,  39,  46 

to  be  chosen  annually, 13 

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 

theh"  own  members, 14 

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

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

qualifications  of  a  senator, 15,  41 

not  to  adjourn  more  than  two  days  at  a  time,    ....         15 
to  choose  its  officers  and  establish  rules,    .....         15 

shall  try  all  impeachments, 15,  17 

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

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

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

solemn  occasions, 26 

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

resolve,  at  large  on  records, 10 

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

contain,  as  near  as  may  be,  an  equal  number  of  voters,      .        46 
apportionment  based  upon  legal  voters,     .....         46 
Sherifis,  elected  l^y  the  people  of  the  several  counties,        .        .        .  21,  44 
Silver,  value  of  money  mentioned  iu  the  constitution  to  be  computed 

in  silver  at  six  shillings  and  eightpence  per  ounce,     .         .         32 
Soldier,  not  to  be  quartered  in  any  house,  iu  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 

Standmg  armies,  dangerous  to  liberty  and  not  to  be  maintained  with- 
out consent  of  the  legislature, 8 

State  or  body  politic,  entitled, —  The  Commonwealth  of  Massachusetts,       10 
Supreme  judicial  court,  judges  to  have  honoi'able  salaries  fixed  by 

standing  laws,  and  to  hold  ofiice  during  good  behavior,     .    9,  23 
to  give  opinions  upon  important  questions  of  law,  etc.,  when 
required  l)y  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  required 9 


INDEX  TO   THE   CONSTITUTION.  65 

T. 

Page 

Taxation  should  be  founded  on  consent, 6,  8 

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

representatives, 8 

may  l)e  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  their  offices, 

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

Tests  abolished, 36 

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

Title  of  governor  to  be,  —  His  Excellency, 18 

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

Town  representation  in  the  legislature, 16,  39,  40 

Towns,  voting  precincts  in, 47 

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

Treason  and  felony,  no  subject  to  be  declared  guilty  of,   l)y  the 

legislature, 9 

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

in  November, 25,  26,  43 

to  hold  office  for  one  year  from  third  Wednesday  in  January 

next  thereafter  and  until  another  is  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  five  years  successively,    .        .        .  25,  26 
in  failure  of  election  by  voters,  or  in  case  of  decease  of  person 
elected,  A'acancy  to  be  filled  by  joint  ballot  of  legislatui'e 
from  the  two  persons  having  the  highest  number  of  votes 

at  November  election, 43 

vacancy  occurring  during  session  of  the  legislature,  filled  by 

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

office  to  be  deemed  vacant  if  person  elected  or  appointed  fails 

to  be  qualified  within  ten  days, 43 

Treasury,  no  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. 

V^acancy  in  office  of  governor,  powers  to  be  exercised  by  lieutenant- 
governor,      ....         o         .,         ...         24 

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

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

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

advice  of  the  council, 42,  47 

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

order  of  a  majority  of  senators  elected,     .        .        .         .  15,  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  higliest  number  of  votes  at  November 

election, 43 

occurring  during  session  of  legislature,  filled  by  joint  ballot 

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

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

neglect  or  refuse  to  make  election, 21,22 

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

least, 12 

Veto  power  of  the  governor,        .         .         .         .         ,        .         .         .         10 
Voters,  qualifications  of,  at  elections  for  governor,  lieutenant-gover- 
nor, senators  and  representatives,       .      13,  17,  34,  44,  46,  47,  48 
not  disqualified  on  account  of  non-payment  of  poll  tax  if  they 

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

to  the  several  counties  is  made, 44 

basis  of  apportionment  of  senators, 46 

census  of  voters  to  be  taken  in  1865,  and  every  tenth  year  after,  44,  46 

Votes,  returns  of, 13,  19,  42,  43 

plurality  of,  to  elect  civil  officers 41 

Voting  precincts  in  towns 47 


INDEX  TO   THE   CONSTITUTION.  67 


"W. 

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

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

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

by  the  cleric, 32 

Writing  and  reading,  necessary  qualifications  for  voting,  or  holding 

office, 44 

Y. 

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


ACTS  AND   RESOLVES 


MASSACHUSETTS. 


1896. 


^^  The  General  Coui-t  of  the  year  eighteen  hundred  and  ninety-six 
assembled  on  Wednesday,  the  fii'st  day  of  January.  The  oaths  of 
office  were  taken  and  subscribed  by  His  Excellency  Fhederic  T. 
Greenhalge  and  His  Honor  Roger  Wolcott  on  Thursday,  the 
second  day  of  January,  in  the  presence  of  the  two  Houses  assembled 
in  convention. 


ACTS. 


An  Act  making  appropriations  for  the  compensation  and  (JJiaj),  \, 

TRAVEL  OF  THE  MEMBERS  OF  THE  LEGISLATURE,  FOR  THE  C(»M- 
PENSATION  OF  OFFICERS  THEREOF,  AND  FOR  EXPENSES  IN  CON- 
NECTION  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, 

ITT  -,    ,.,,,         T    n  compensation. 

hundred  and  hrty  dollars. 

For  travelling  expenses  of  senators,  a  sum  not  exceed-  J/pJ^ges^ 
ing  thirty-two  hundred  dollars. 

For  the  compensation  of  representatives,  one  hundred  Representa- 

.  A  -I  T/>Tii  tives,  compensa- 

and  eighty  thousand  seven  hundred  and  fifty  dollars.  tion. 

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

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

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

For  the  salaries  of  the  assistant  clerks  of  the  senate  and  ^erksf"' 
house  of  representatives,  two  thousand  dollars  each. 

For  such  additional  clerical  assistance  for  the  clerks  of  assi'^tTnce. 
the  senate  and  house  of  represexitatives  as  may  be  neces- 
sary for  the  proper  despatch  of  public  business,  a  sum  not 
exceeding  three  thousand  dollars. 

For  the  salary  of  the  sergeant-at-arms,  thirty-five  hun-  sergeant-at- 
dred  dollars. 

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


L 


Acts,  1896.  — Chap.  2. 


Doorkeepers. 


Postmaster, 
messengers,  etc. 


Senate, 
Btaiionery. 

House, 
stationery. 


Printing  and 
binding,  senate 
and  house. 


Manual. 


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


Senate  and 
house,  contin- 
gent expenses, 
etc. 

Expenses  of 
committees. 


Witness  fees, 
etc. 


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

For  the  compensation  of  the  assistant  doorkeepers,  post- 
master, messengers  and  pages  to  the  senate  and  house  of 
representatives,  a  sum  not  exceeding  thirtj-one  thousand 
five  hundred  dollars. 

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

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

For  printing  and  binding  ordered  by  the  senate  and 
house  of  representatives,  or  by  concurrent  order  of  the 
two  branches,  a  sum  not  exceeding  thirty  thousand  dol- 
lars. 

For  printing  and  binding  the  manual  of  the  general 
court,  under  the  direction  of  the  clerks  of  the  senate  and 
house  of  representatives,  a  sum  not  exceeding  three 
thousand  dollars. 

For  books,  stationery,  postage,  printing  and  advertis- 
ing, ordered  by  the  sergeant-at-arms,  a  sum  not  exceeding 
twelve  hundred  dollars. 

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

For  authorized  expenses  of  committees  of  the  present 
legislature,  to  include  clerical  assistance  to  committees 
authorized  to  employ  the  same,  also  expenses  in  connection 
with  committee  advertising,  a  sum  not  exceeding  twenty- 
five  thousand  dollars. 

For  expenses  of  summoning  witnesses  before  com- 
mittees, and  for  fees  for  such  witnesses,  a  sum  not  exceed- 
ing two  hundred  dollars. 

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

Approved  January  15,  1896. 


Chap.  2. 


Decennial  cen* 
8US,  expenses. 


An  Act  MAiaxG  an  appropriation  for  expenses  in  connection 

WITH  TAKING  THE  DECENNIAL  CENSUS. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  sum  of  fifty  thousand  dollars  is 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Conmionwealth  from  the  ordinary  revenue,  for  the 
payment  of  expenses  in  connection  with  taking  the  decen- 


Chap.  3. 


Acts,  1896.  — Chap.  3. 

nial  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  addition  to  the  amounts 
heretofore  appropriated  for  the  same  purpose. 

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

Approved  January  23,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  in 
the  executive  department  of  the  commonwealth. 

Be  it  enacted^  etc.,  asfoUoivs: 

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

For  the  compensation  of  the  lieutenant  governor,  two  Lieutenant  gov- 

,,  1      1    11  ^    c         J_^  A*  •^         •    J.         ernor  and  coun- 

thousand  dollars ;     and  tor  the  executive  council,  sixty-  cii,  compensa- 
four   hundred  dollars.      For  travelling  expenses  of  the  ^»o°>*'"=- 
executive  council,  a  sum  not  exceeding  fifteen  hundred 
dollars. 

For  the  salary  of  the  private  secretary  of  the  governor.  Private  eecre- 
twenty-five  hundred  dollars.  ^'^^' 

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

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

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

For  continoent  expenses  of  the  executive  department,  Executive 

c5i  JT  '    department,  ex- 

the  sum  of  three  thousand  dollars.  penses. 

For  postage,  printing  and  stationery  for  the  executive  Postage,  prim- 
department,  a  sum  not  exceeding  eight  hundred  dollars.      *°^'  *"  '^' 

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

For  postage,  printing  and  stationery  for  the  executive  Postage,  print- 
council,  a  sum  not  exceeding  five  hundred  dollars.  '°^'  ^ ''' 

For  the  payment  of  extraordinary  expenses,  to  be  ex-  Extraordinary 
pended  under  the  direction  of  the  governor  and  council,  a  ®''''^°*'^®" 
sum  not  exceeding  twenty  thousand  dollars. 

For  the  preparation  of  tables  and  indexes  relating  to  indexes,  etc.,  to 
the  statutes  of  the  present  and  previous  years,  under  the  *''*^"'®^- 


6  Acts,  1896.  — Chap.  4. 

direction  of  the  governor,  a  sum  not  exceeding  five  hun- 
dred dollars. 
Arrest  of  fugi-        jj^or  expenscs  incurred  in  the  arrest  of  fui>:itives  from 

tives  from  i  t  .  i  t     i     ii 

justice.  justice,  a  sum  not  exceeding  two  thousand  doimrs. 

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

Appi'oved  January  27,  1896. 

GliaU    4        ^^  ^^^  MAKING  APPROPRIATIONS  FOR   SALARIES   AND  EXPENSES   IN 
THE  DEPARTMENT  OF   THE  SECRETARY  OF  THE  COMMONWEALTH. 

Be  it  enacted^  etc.,  as  follows : 

Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  ;year  ending  on  the 
thirty-first  day  of  December  in  the  3'^ear  eighteen  hundred 
and  ninety-six,  to  wit :  — 

fom^'ensation  ^^^'  ^^^  Salary  of  the  secretary  of  the  Commonwealth, 
thirty-five  hundred  dollars. 

First  clerk.  j^or  the  Salary  of  the  first  clerk  in  the  secretary's  de- 

partment, twenty-two  hundred  dollars. 

Second  clerk.  Yov  the  Salary  of  the  second  clerk  in  the  secretary's 
department,  two  thousand  dollars. 

Third  clerk.  -^qy  thc  Salary  of  the  third  clerk  in  the  secretary's  de- 

partment, eighteen  hundred  dollars. 

Cashier.  -p.^^.  ^|^^  salary  of  the  cashier  in  the  secretary's  depart- 

ment, a  sum  not  exceeding  fifteen  hundred  dollars. 

meisenge'r''s! ''°*^  ^^^  messeugei's  and  such  additional  clerical  assistance 
as  the  secretary  may  find  necessary,  a  sum  not  exceeding 
twenty-two  thousand  dollars. 

Expenses.  -p^^,  incidental  and  contingent  expenses  in  the  depart- 

ment of  the  secretary  of  the  Commonwealth,  a  sum  not 
exceeding  thirty-five  hundred  dollars. 

^ate°ecwd°!  °*      ^^^  ^^^  arrangement  and  preservation  of  state  records 

«'°-  and  papers,  under  the  direction  of  the  secretary  of  the 

Commonwealth,  a  sum  not  exceeding  five  thousand  dollars. 

^"prefLge'on         ^^r  postagc  and  expressage  on  documents  to  members 

documents.  Qf  ^jjg  general  court,  also  for  transportation  of  documents 
to  free  public  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

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

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

Approved  January  27^  1896. 


Acts,  1896.  —  Chap.  5. 


An  Act  making  appropriations  for  salaries  and  expenses  (JJidjy^  5, 

IN  THE    DEPARTMENT    OF    THE    TREASURER    AND    RECEIVER   GEN- 
ERAL. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  Appropriations. 
appropriated,  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-six,  to  wit :  — 

For  the  salary  of  the  treasurer  and  receiver  general  of  Jomp^enTauon. 
the  Commonwealth,  five  thousand  dollars. 

For  the  salary  of  the  first  clerk  in  the  treasurer's  depart-  ^''^'  '='*'''^- 
ment,  twenty-five  hundred  dollars. 

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

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

For  the  salary   of  the  third   clerk  in  the   treasurer's  Tiiirdcierk. 
department,  fourteen  hundred  dollars. 

For   the  salary  of  the  fund   clerk  in   the   treasurer's  Fundcierk. 
department,  fourteen  hundred  dollars. 

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

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

For  the  salary  of  the  assistant  bookkeeper  in  the  treas-  Assistant  book- 
urer's  department,  twelve  hundred  dollars. 

For  such  additional  clerical  assistance  in  the  treasurer's  Additional  cieri. 

T  .  .  1  i?j_ii  j_i^iT      cal  assistance. 

department  as  may  be  necessary  tor  the  despatch  01  public 
business,  a  sum  not  exceeding  one  thousand  dollars. 

For  incidental  and  contingent  expenses  in  the  depart-  Expenses. 
ment  of  the  treasurer  and  receiver  general,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  clerical  assistance  in  the  ofl5ce  of  the  treasurer  and  as'^is'tTnce. 
receiver  general,  in  the  care  and  custody  of  deposits  made 
with  him  in  trust,  a  sum  not  exceeding  eighteen  hundred 
dollars. 

For  the  salary  of  the  legacy  tax  clerk  in  the  treasurer's  i  egacy  tax 
department,  eighteen  hundred  dollars. 

For  such  expenses  as  the  treasurer  and  receiver  general  erauegacief" 
may  find  necessary  in  carrying  out  the  provisions  of  the  ^tc. 


8 


Acts,  1896.  — Chap.  6. 


Deputy  eealer  of 
weighte,  etc. 

ExpenseB,  etc. 


act  imposiBg  a  tax  on  collateral  legacies  and  successions, 
a  sum  not  exceeding  seven  hundred  and  fifty  dollars. 

For  the  salary  of  the  deputy  sealer  of  weights,  measures 
and  balances,  twelve  hundred  dollars. 

For  travelling  and  other  expenses  of  the  deputy  sealer 
of  weights,  measures  and  balances,  a  sum  not  exceeding 
five  hundred  dollars ;  and  for  furnishing  sets  of  standard 
weights,  measures  and  balances  to  towns  not  heretofore 
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. 

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

Approved  January  27,  1896. 


Chan  6      -^^  -^^^  making  appropriations  for  salaries  and  expenses  in 

THE  DEPARTMENT  OF  THE  AUDITOR  OF  THE  COMMONWEALTH. 


Appropriations 


Auditor, 
compensationo 
First  clerli. 

Second  clerk. 
Extra  clerks. 


Stenographer, 
etc. 


State  printing 
expert. 


Expenses. 


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

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

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

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

For  the  salaries  of  the  extra  clerks  in  the  auditor's  de- 
partment, forty-five  hundred  dollars. 

For  a  stenographer,  messenger,  and  such  additional 
clerical  assistance  as  the  auditor  may  find  necessary  for 
the  proper  despatch  of  public  business,  a  sum  not  exceed- 
ing twenty-five  hundred  dollars. 

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

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

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

Approved  January  27y  1896. 


Acts,  1896.  — Chaps.  7,  8.  9 

An  Act  making  appropriations  for  salaries  and  expenses  in  (JJidrt.  7. 

THE  DEPARTMENT  OF   THE   ATTORNEY-GENERAL   OF   THE   COMMON- 
WEALTH. 

Be  it  enacted^  etc.,  as  follows: 

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

For  the  salary  of  the  attorney-general,  five  thousand  frarTomp^eMa- 
dollars.  I'on'. 

For  the  salary  of  the  first  assistant  attorney-general,  First  asBistant. 
twenty- five  hundred  dollars. 

For  the  salary  of  the  second  assistant  attorney-general,  asalg^a'lit. 
fifteen  hundred  dollars. 

For  books,  stationery,  postage,  printing  and  other  nee-  Expenses. 
essary  expenses  in  the  department  of  the  attorney-general, 
a  sum  not  exceeding  twenty-nine  hundred  dollars ;    and 
for  expenses  of  civil  actions,  a  sum  not  exceeding  eight 
hundred  dollars. 

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

Approved  January  27,  1890. 


An  Act  relating  to  the  decennial  census.  OhaT)  8 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     The  bureau  of  statistics  of  labor  is  hereby  Bureau  of  statis- 
authorized  to  expend  the  sum  of  seventy-five  thousand  decennial  °'^' 
dollars,  in  addition  to  the  amount  fixed  by  section  seven-  '=^°^"^- 
teen  of  chapter  two  hundred  and  twenty-four  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  for  the  pur- 
poses of  the  decennial  census  of  the  year  eighteen  hundred 
and  ninety-five,  exclusive  of  the  cost  of  paper  for  sched- 
ules, and  of  printing,    stereotyping  and  binding  the  ab- 
stracts and  reports  upon  said  census. 

Section  2.     The  time  within  which  the  returns  of  said  Time  extended. 
census  relative  to  agricultural  products  and  property  shall 
be  made  is  hereby  extended  to  the  fifteenth  day  of  June 
in  the  present  year. 

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

Approved  January  29,  1896. 


10 


Acts,  1896.  — Chaps.  9,  10. 


Chap 


^  9.     -An  Act  making  appropriations  for  salaries  and  expenses 
of  the  state  board  of  arbitration  and  conciliation. 


Appropriations. 


Board  of  arbi- 
tration and  con- 
ciliation. 
Clerk. 


Expenses. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are 
appropriated,  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-six,  to  wit :  — 

For  the  salaries  of  the  members  of  the  state  board  of 
arbitration  and  conciliation,  six  thousand  dollars. 

For  the  salary  of  the  clerk  of  the  state  board  of  arbitra- 
tion and  conciliation,  twelve  hundred  dollars. 

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

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

Approved  January  29,  1890. 


CJiap.  10.   An    Act    MAKING    APPROPRIATIONS    FOR    SALARIES    AND    EXPENSES 
OF  THE    BUREAU   OF   STATISTICS   OF  LABOR. 


Appropriations. 


Bureau  of 
statistics  of 
labor,  chief. 

First  clerk. 


Second  clerk. 


Clerical  assist- 
ance, etc. 


Statistics  of 
manufactures. 


Be  it  enacted,  etc.,  as  follotcs  : 

Section  1.  The  sums  hereinafter  mentioned  are 
appropriated,  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-six,  to  wit :  — 

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

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

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

For  such  additional  clerical  assistance  and  for  such 
expenses  of  the  bureau  of  statistics  of  labor  as  may  be 
necessary,  a  sum  not  exceeding  six  thousand  dollars. 

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


Acts,  1896.  —  Chap.  11.  11 

For  contingent  expenses  of  the  bureau  of  statistics  of  e°""°|g°' 
labor,  to  be  expended  under  the  direction  of  the  sergeant- 
at-arms,  a  sum  not  exceeding  five  hundred  dollars. 

For  rent  of  rooms  for  the  use  of  the  bureau  of  statistics  ?«?*  of  rooms, 
of  labor,  and  for  services  of  a  janitor,  a  sum  not  exceeding 
three  thousand  dollars. 

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

For  rent  of  additional  rooms  for  the  use  of  the  bureau  Rentof  addi- 
of  statistics  of  labor  for  such  period  of  time  as  may  be  re-  ^'""'^  J-ooms. 
quired  for  the  purposes  of  the  decennial  census,  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

For  expenses  in  connection  with  takino;  a  special  census  Expenses  of 

,  ^,.  .  T  '  1        1  i    J  •  1-  special  census. 

in  towns  having  an  increased  resident  population  during 
the  summer  months,  a  sum  not  exceeding  two  hundred 
and  fifty  dollars. 

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

Approved  January  29,  1896. 


Chap.  11. 


An  Act  making  appropriations  for  salaries  anb  expenses 
of  the  civil  service  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  Appropriations. 
appropriated,  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-six,  to  wit :  — 

For  the  compensation  and  expenses  of  the  members  of  civn  service 

,  .     .,  .^  .      .  ^  ,.  commission. 

the  civil  service  commission,  a  sum  not  exceeding  two 
thousand  dollars. 

For  the  salary  of  the  chief  examiner  of  the  civil  service  chief  examiner. 
commission,  three  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  civil  service  com-  secretary. 
mission,  two  thousand  dollars. 

For  the  salary  of  the  registrar  of  labor  of  the  civil  ^bor!*'"'"' °^ 
service  commission,  two  thousand  dollars. 

For  clerical  assistance,  expenses  of  examinations,  print-  Expenses. 
ing  civil  service  rules  and  regulations  and  other  informa- 
tion for  the  use  of  applicants,  printing,  advertising  and 
stationery,  travelling  and  incidental  expenses  of  the  chief 
examiner,   commissioners    and   secretary,    and    necessary 


12 


Acts,  1896.  —  Chaps.  12,  13. 


office  expenses,   a  sum    not   exceeding   eleven    thousand 
dollars. 

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

Approved  Janwinj  29,  189G. 


ChciT),  12.  ^^  ^^'^  MAKING  APPROPRIATIONS  FOR  SALARIES  AND  EXPENSES 
OF  THE  COMMISSIONERS  OF  THE  MASSACHUSETTS  NAUTICAL 
TRAINING    SCHOOL. 

Be  it  enacted,  etc.,  as  follows: 
Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specitied,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  payment  of  current  expenses  of  the  Massachu- 
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  commissioners  of  the 
Massachusetts  nautical  training  school,  to  include  salary 
of  the  secretary,  clerical  services,  printing,  stationery  and 
other  contingent  expenses,  a  sum  not  exceeding  forty-five 
hundred  dollars. 

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

Apjiroved  January  29,  1896. 


Nautical 
trainiug  school 


Expenses  of 
commissioners 


CllClT)     13     "^^  ^'^^  MAKING  APPROPRIATIONS  FOR  SALARIES  AND   EXPENSES   OF 
THE  COMMISSIONERS  OF  SAVINGS  BANKS. 

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

For  the  salary  of  the  chairman  of  the  commissioners  of 
savings  banks,  thirty-five  hundred  dollars. 

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

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


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

First  clerk. 


Acts,  1896.  — Chaps.  14,  15.  13 

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

For  such  additional  clerks  and  expert  assistants  as  the  Additional 
commissioners  of  savings  banks  may  deem  necessar}^,  a 
sum  not  exceeding  twenty-five  hundred  dollars. 

For  travelling  and  incidental  expenses  of  the  commis-  Expenses, 
sioners  of  savings  banks,  a  sum  not  exceeding  thirty-three 
hundred  dollars. 

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

Approved  January  29,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  of  (JJidn^  |4. 

THE  GAS  AND  ELECTRIC  LIGHT  COMMISSIONERS. 

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

For  the  salaries  of  the  gas  and  electric  light  commis-  J?\«  a^d  electric 

»  O  light  commis. 

Sioners,  eight  thousand  dollars.  sioners. 

For  clerical  assistance  to  the  scas  and  electric  lia-ht  com-  clerical 


to 


assistance. 


missioners,  a  sum  not  exceeding  three  thousand  dollars. 

For  statistics,  books  and  stationery,  and  for  the  neces-  Expenses. 
sary  expenses  of  the  gas  and  electric  light  commissioners, 
a  sum  not  exceeding  three  thousand  dollars. 

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

Approved  January  29,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  of  (JJidj),  15. 

THE  railroad  COMMISSIONERS. 

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

For  the  salaries  of  the  railroad  commissioners,  eleven  Rauroad 

..,,,,  commissioners. 

thousand  dollars. 

For  the  salary  of  the  clerk  of  the  railroad  commis-  cierk. 
sioners,  twenty-five  hundred  dollars. 


14 


Acts,  1896.  — Chap.  16. 


Assistant  clerk. 


Railroad 
inspectors. 


Experts,  etc 


Rent,  tnes. 
senger,  elc. 


Books,  maps, 
stationery,  etc. 


Taking  evidence 
at  inquests. 


For  the  salary  of  the  assistant  clerk  of  the  railroad  com- 
missioners, a  sum  not  exceeding  twelve  hundred  dollars. 

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

For  the  salaries  and  expenses  of  the  railroad  inspectors 
provided  for  by  chapter  five  hundred  and  thirty-five  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  a  sum 
not  exceeding  five  thousand  dollars. 

For  the  compensation  of  experts  or  other  agents  of  the 
railroad  commissioners,  a  sum  not  exceeding  thirty-nine 
hundred  dollars. 

For  rent,  care  of  office,  and  salary  of  a  messenger  for 
the  raih-oad  commissioners,  a  sum  not  exceeding  thirty- 
one  hundred  dollars. 

For  books,  maps,  statistics,  stationery,  incidental  and 
contingent  expenses  of  the  raih'oad  commissioners,  a  sum 
not  exceeding  two  thousand  dollars. 

For  expenses  in  connection  with  taking  evidence  given 
at  inquests  on  deaths  by  accident  upon  steam  and  street 
railroads,  a  sum  not  exceeding  two  thousand  dollars. 

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

Approved  January  29,  1896. 


CllCtV.  16.   -^^  ^CT  MAKING  APPROPRIATIONS   FOR   SALARIES   AND   EXPENSES  IN 

THE  STATE  LIBRARY. 

Be  it  enacted,  etc.,  as  follows : 
Appropriations.  Sectiox  1.  Thc  suuis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

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

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

For  such  clerical  assistance  in  the  state  library  as  may 
be  necessary,  a  sum  not  exceeding  thirty-five  hundred 
dollars. 

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


State  librarian. 


Purchase  of 
books. 


Clerical 
assistance 


Index  to 
current  events. 


Acts,  1896.  —  Chaps.  17,  18.  15 

For  contingent  expenses  in  the  state  library,  to  be  ex-  Expenses, 
pended  under  tiie  direction  of  the  trustees  and  librarian,  a 
sum  not  exceeding  eighteen  hundred  dollars. 

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

Approved  January  29,  1896. 

An  Act  making  appropriations  for   salaries  and  expenses  QJifij)   17 

IN   THE  DEPARTMENT   OF  THE    TAX  COMMISSIONER.  " 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sums  hereinafter  mentioned  are  Appropriations, 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  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-six,  to  wit :  — 

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

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

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

For  such  additional  clerical  assistance  as  the  tax  com-  clerical 
missioner  may  find  necessary  for  the  despatch  of  public  ''*^*^  '''"'^' 
business,  a  sum  not  exceeding  sixteen  thousand  dollars. 

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

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

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

Approved  January  29,  1896. 

An  Act  making   appropriations  for  salaries  and  expenses  (JJinjj   1g 

IN  THE   OFFICE   OF  THE  INSURANCE   COMMISSIONER.  * 

Be  it  enacted,  etc.,  as  folloivs: 

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


16 


Acts,  1896.  — Chap.  19. 


Insurance 
coinmissioner. 

Deputy. 
Actuary. 
Chief  clerk. 
Second  clerk. 
Third  clerk. 


Additional 
clerks,  etc. 


Expenses. 


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  actuary  of  the  insurance  commis- 
sioner, two  thousand  dollars. 

For  the  salary  of  the  chief  clerk  of  the  insurance  com- 
missioner, two  thousand  dollars. 

For  the  salary  of  the  second  clerk  of  the  insurance  com- 
missioner, fifteen  hundred  dollars. 

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

For  such  additional  clerks  and  assistants  as  the  insur- 
ance commissioner  may  find  necessary  for  the  despatch  of 
public  business,  a  sum  not  exceeding  nineteen  thousand 
dollars. 

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

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

Approved  January  31,  1896. 


CllCtV'  19.   ^^    ^^^    MAKING    APPROPRIATIONS    FOR    SALARIES    AND    EXPENSES 
IN  THE  OFFICE   OF  THE   CONTROLLER  OF   COUNTY  ACCOUNTS. 

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

For  the  salary  of  the  controller  of  county  accounts, 
twenty-five  hundred  dollars. 

For  the  salary  of  the  first  deputy  of  the  controller  of 
county  accounts,  eighteen  hundred  dollars. 

For  the  salary  of  the  second  deputy  of  the  controller  of 
county  accounts,  fifteen  hundred  dollars. 

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

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

Approved  January  31,  1896, 


Controller  of 
county 
accounts. 
First  deputy. 


Second  deputy. 


Expenses. 


Acts,  1896.  — Chaps.  20,  21.  17 


Ax  Act  making  appropriations  for  salary  and  expenses  of  (JJkij)^  9(). 

THE   commissioner   OF  PUBLIC   RECORDS. 

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

For  the  salary  of  the  commissioner  of  ijublic  records,  commissioner 

Ytth  of  public 

twenty-five  hundred  dollars.  records. 

For  travelling,  clerical  and  other  necessary  expenses  of  Expenses. 
the  commissioner  of  public  records,  a  sum  not  exceeding 
twenty-three  hundred  dollars. 

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

A2)2^roved  Ja)iuary  31,  1S06. 


An  Act  making  appropriations  for  the  maintenance  of  the  njiQj)    91 
judicial  department  of  the  commonwealth   during   the 
present  year. 

Be  it  enacted,  etc.,  asfolloios: 

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

SUPREME   judicial   COURT. 

For  travelling   expenses   of   the   chief   iustice    of   the  supreme  judi. 

.T-i  ^j      f'         1  1        1T11  cial  court,  chief 

supreme  judicial  court,  five  hundred  dollars.  justice. 

For  travelling  expenses  of  the  six  associate  iustices  of  Associate 

,.  .      P.    .    -I  "  justices. 

the  supreme  judicial  court,  three  thousand  dollars. 

For  the  salary  of  the  clerk  of  the  supreme  judicial  court,  ^•'''■'^• 
three  thousand  dollars. 

For   clerical   assistance   to   the   clerk  of  the   supreme  clerical  assiet. 

•     J..1  I       n  1  11111  ance  to  clerk. 

judicial  court,  five  hundred  dollars. 

For  clerical  assistance  to  the  justices  of  the  supreme  clerical  assist- 
judicial  court,  a  sum  not  exceeding  twenty-five  hundred  '""'^    ^"^  ^^^ ' 
dollars. 


18 


Acts,  1896.  — Chap.  21. 


Expenses. 


Reporter  of 
decisious. 


Ollicers  atul 
inesseuger. 


Clerk  for 

Kuffolk. 


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

For  the  salary  of  the  reporter  of  decisions  of  the  supreme 
judicial  court,  four  thousand  dollars ;  and  for  clerk  hire 
and  incidental  expenses  of  said  reporter,  a  sum  not  ex- 
ceeding two  thousand  dollars. 

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

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


Superior  court, 
chief  Justice. 

Associate 
justices. 


Probate  and 
insolvency 
Judges,  Suffolli, 


Middlesex. 

"Worcester. 

Essex. 

Norfolli. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Frauklin. 


SUPERIOR   COURT. 

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

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

COURTS  or  PROBATE  AND  INSOLVENCY. 

For  the  salaries  of  the  two  judges  of  prol)ate  and  in- 
solvency for  the  county  of  Suflblk,  five  thousand  dollars 
each. 

For  the  salary  of  the  senior  judge  of  prol)ate  and  in- 
solvency for  the  county  of  Middlesex,  forty-five  hundred 
dollars  ;  and  for  the  salary  of  the  junior  judge  of  probate 
and  insolvency  for  said  county,  four  thousand  dollars. 

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

For  the  salary  of  the  judge  of  proljate  and  insolvency 
for  the  county  of  Essex,  thirty-seven  hundred  dollars. 

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

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

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

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

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

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

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


Acts,  1896.  — Chap.  21.  19 

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

For  the  salary  of  the  judge  of  prol)ate  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   dol- 
lars. 

For  compensation  of  judijes  of  probate  and  insolvency  incaeeof  sick. 

,•  /•  •      1  n  i'~,  !•  1  •  ii  ness  or  vacancy, 

acting  tor  judges  oi  probate  and  insolvency  m  other 
counties  when  the  judge  of  said  county  is  sick  or  the 
office  is  vacant,  a  sum  not  exceeding  three  thousand 
dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  Register, 
for  the  county  of  Suifolk,  live  thousand  dollars. 

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

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

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

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

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

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

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

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

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

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

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

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

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

For  the  salary  of  the  assistant  register  of  prolxate  and  ^g^lte^r"* 
insolvency  for  the  county  of  Suffolk,  twenty-eight  hun-  Buffoi^. 
dred  dollars. 


20 


Acts,  1896.  — Chap.  21. 


Middlesex. 


Worcester. 


Essex. 


Norfolk. 


Franklin. 


Clerk,  Suffolk. 


Clerical  assist- 
ance, Suffolk. 


Middlesex. 


Essex. 


Bristol. 


Worcester. 


Plymouth. 


In  the  several 
counties  except 
Franklin  aud 

Suffolk. 


Expensep. 


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

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

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

For  the  salary  of  the  assistant  register  of  probate  and 
insolvency  for  the  county  of  Norfolk,  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  Suffolk,  twelve  hundred 
dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Suffolk,  a  sum  not 
exceeding  thirty-three  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Middlesex,  a  sum  not 
exceeding  thirty-five  hundred  dollars. 

For  extra  clerical  assistance  to  the  register  of  probate 
and  insolvency  for  the  county  of  Essex,  a  sum  not  exceed- 
ing twenty-five  hundred  dollars. 

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

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

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

For  extra  clerical  assistance  to  the  courts  of  probate 
and  insolvency  in  the  several  counties  of  the  Common- 
wealth, excepting  Franklin  and  Suftblk  counties,  a  sum 
not  exceeding  eighty-five  hundred  dollars. 

For  expenses  of  courts  of  probate  and  insolvency,  a 
sum  not  exceeding  twenty-five  hundred  dollars. 


Acts,  1896.  — Chap.  22.  21 


DISTRICT   ATTORXEYS. 

For  the  salary  of  the  district  attorney  for  Sufiblk  dis-  District  attor- 

,  1     1    11  ney,  Suffolk. 

trict,  nve  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 
for  Sufiblk  district,  twenty-five  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  district  attorney  for  cierk. 
Sufiblk  district,  eighteen  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  northern  District  attor. 
district,  twenty-four  hundred  dollars.  distlict. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
northern  district,  fifteen  hundred  dollars. 

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

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
eastern  district,  twelve  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the   south-  southeastern 

T         •  1        1     1     11  district. 

eastern  district,  twenty-one  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
southeastern  district,  twelve  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  southern  Southern 

.         .  district. 

district,  twenty-two  hundred  dollars. 

For  the  salary  of  the  district  attorney  for  the  middle  Middle 

•  district 

district,  twenty-four  hundred  dollars. 

For  the  salary  of  the  assistant  district  attorney  for  the  Assistant. 
middle  district,  twelve  hundred  dollars. 

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

For  the  salary  of  the  district  attorney  for  the  north-  Northwestern 
western  district,  thirteen  hundred  and  fifty  dollars. 

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

A2y2^roved  January  31,  1896. 


Chap.  22. 


An  Act  making  appropriations  for  salaries  and  expenses 
in  the  department  of  the  adjutant  general,  and  for 
sundry  other  military  expenses. 

Be  it  enacted,  etc.,  as  folloics: 

Section  1.     The  sums  hereinafter  mentioned   are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 


22 


Acts,  1896.  — Chap.  22. 


Adjutant 
general. 

First  clerk. 


Second  clerk. 


Additional 
clerk. 


Extra  clerks. 
Messenger. 


Clerical  assist- 
ance, etc. 


Militia,  compin- 
sation. 


Transportation. 


Expenses. 


Rent  of 
armories,  etc. 


Quartermasters' 
supplies. 

Expenses. 


Camp  ground 


Military 
accounts. 


Record  of 
officers,  Bailors, 
etc. 


thirtj^-first  clay  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

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

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

For  the  salary  of  the  second  clerk  in  the  adjutant  gen- 
eral's department,  sixteen  hundred  dollars. 

For  the  salary  of  an  additional  clerk  in  the  adjutant 
general's  department,  two  thousand  dollars. 

For  the  salaries  of  the  two  extra  clerks  in  the  adjutant 
general's  department,  twelve  hundred  dollars  each. 

For  the  salary  of  the  messenger  in  the  adjutant  general's 
department,  eight  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  adjutant 
general  may  deem  necessary,  and  for  compensation  of 
employees  at  the  state  arsenal,  a  sum  not  exceeding  sixty- 
three  hundred  dollars. 

For  compensation  of  officers  and  men  of  the  volunteer 
militia,  a  sum  not  exceeding  one  hundred  and  eight  thou- 
sand dollars. 

For  transportation  of  officers  and  men  of  the  volunteer 
militia,  when  on  military  duty,  a  sum  not  exceeding 
twenty  thousand  dollars. 

For  incidental  and  contingent  expenses  in  the  adjutant 
general's  department,  a  sum  not  exceeding  four  thousand 
dollars. 

For  rent  of  brigade  and  battalion  headquarters  and 
company  armories,  a  sum  not  exceeding  thirty-seven 
thousand  dollars. 

For  quartermasters'  supplies,  a  sum  not  exceeding 
fifteen  thousand  dollars. 

For  incidental  and  contingent  expenses  of  the  quarter- 
master general's  department,  a  sum  not  exceeding  five 
thousand  dollars. 

For  grading  and  care  of  the  camp  ground  of  the  Com- 
monwealth at  Framingham,  a  sum  not  exceeding  one 
thousand  dollars. 

For  military  accounts  in  connection  with  the  volunteer 
militia,  not  otherwise  provided  for,  a  sum  not  exceeding 
four  thousand  dollars. 

For  expenses  in  connection  with  the  record  of  Massa- 
chusetts oflScers,  sailors  and  marines,  a  sum  not  exceeding 
tAvo  thousand  dollars. 


Acts,  1896.  — Chap.  23.  23 

For  expenses  of  the  care,  heating,  lighting  and  furnish-  care,  etc.of 
ing  of  the  new  armories  recently  erected  in  certain  cities 
of  the  Commonwealth,  for  the  use  of  the  volunteer  militia, 
a  sum  not  exceeding  twenty  thousand  dollars. 

For  allowance  and  repairs  of  clothing  of  the  volunteer  ciothing. 
militia,  a  sum  not  exceeding  nine  thousand  dollars. 

For  expenses  in  connection  with  the  rifle  practice  of  the  Rife  practice. 
volunteer  militia,  a  sum  not  exceeding  tifteen  thousand 
dollars. 

For  the  salary  of  the  surgeon  general,  twelve  hundred  g"yfj:°" 
dollars. 

For  medical  supplies  for  the  use  of  the  volunteer  militia.  Medical  sup. 
and  lor  incidental  and  contingent  ex})enses  of  the  surgeon 
general,  a  sum  not  exceeding  two  thousand  dollars. 

Anv  sums  of  money  received  under  the  provisions  of  sa'e  of  grass  at 

,    »•         ,  •'^  1  ^  state  camp 

section  eighty-seven  of  chapter  three  hundred  and  sixty-  ground,  etc. 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three,  and  from  the  sale  of  grass  at  the  camp  ground  at 
Framingham  during  the  year  eighteen  hundred  and  ninety- 
six,  maybe  expended  by  the  quartermaster  general  during 
the  present  year,  under  the  direction  of  the  governor  and 
council,  for  the  construction  and  repair  of  buildings  and 
other  structures. 

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

Approved  January  81,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  of  nhft^^   93 

THE  INSPECTORS   OF   GAS   METERS 

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

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

,111  '-'  gaa  meters. 

sand  dollars. 

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

For  travelling  and  incidental  expenses  of  the  inspector  Kxpenses. 
and  assistant  inspector  of  gas  meters,  a  sum  not  exceeding- 
six  hundred  and  fifty  dollars. 

For  such  additional  apparatus  as  the  insi^ector  of  ixaa  Additional 

"^  apparatus. 


24 


Acts,  1896.  — Chaps.  24,  25. 


meters  may  find  necessary,  a  sum  not  exceeding  two  hun- 
dred and  lifty  dollars. 

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

Ajyprovecl  January  31,  1896. 


Chai)     24.  ^^   ^^^    MAKING    APPUOPRIATIONS    FOR    EXPENSES    OF    THE    BOARD 

OF   LIBRARY   COMMISSIONERS. 

Be  it  enacted,  etc.,  asfolloivs: 
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-six,  to  wit :  — 

To  carry  out  the  provisions  of  the  act  to  promote  the 
establishment  and  efficiency  of  free  pul)lic  libraries,  under 
the  direction  of  the  board  of  library  commissioners,  a  sum 
not  exceeding  three  thousand  dollars. 

For  clerical  assistance,  incidental  and  necessary  ex- 
penses of  the  board  of  library  commissioners,  a  sum  not 
exceeding  five  hundred  dollars. 

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

Aj^j^roved  January  31,  1896. 


Free  public 
libraries. 


Expenses 


CTlCLl)'  25.   ^^    ^^'^     MAKING     APPROPRIATIONS     FOR     SUNDRY     AGRICULTURAL 

EXPENSES. 

-Be  it  encLCted,  etc.,  as  follovs : 
Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Oom- 
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-six,  to  wit:  — 

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. 

For  the  salary  of  the  second  clerk  of  the  secretary  of 
the  state  board  of  agriculture,  twelve  hundred  dollars. 

For  other  clerical  assistance  in  the  office  of  the  secretar}^ 
of  the  state  board  of  agriculture,  and  for  lectures  before 


Board  of 
agriculture, 
secretary. 
First  clerk. 


Second  clerk. 


Clerical  assist 
ance,  etc. 


Acts,  1896.  — Chap.  25.  25 

the  board  at  its  annual  and  other  meetings,  a  sum  not  ex- 
ceeding eight  hundred  dollars. 

For   travelling   and   other   necessary   expenses  of  the  Expenses  of 
members  of  the  state  board  of  agriculture,  a  sum  not  ex- 
ceeding nineteen  hundred  dollars. 

For  incidental   and  contingent   expenses   of  the    state  Expenses  of 
board  of  agriculture,  a  sum  not  exceeding  eight  hundred 
dollars. 

For   travelling   and   other  necessary  expenses   of   the  Expenses  of 

86crtit&rv* 

secretary  of  the  state  board  of  agriculture,  a  sum  not  ex- 
ceeding live  hundred  dollars. 

For  disseminating  useful  information  in  agriculture  by  Farmers* 

~  ~  institutes. 

means  of  lectures  at  farmers'  institutes,  a  sum  not  exceed- 
ing two  thousand  dollars. 

For  bounties  to  agricultural  societies,  a  sum  not  exceed-  ^^o"°'»e«- 
ing  twenty-one  thousand  dollars. 

For  maintaining  an  agricultural  experiment  station  at  f/g^jj^'^nf^ 
the  Massachusetts  Agricultural   College  in  the  town   of  station. 
Amherst,  the  sum  often  thousand  dollars. 

For  the  Massachusetts  Agricultural  College,  for  the  Agricultural 
purpose  of  providing  eighty  free  scholarships,  the  sum  of  scholarships. 
ten  thousand  dollars. 

For  the  Massachusetts  Agricultural  College,  the  sum  of  coi"eg"ejIbor 
ten  thousand  dollars,  to  be  expended  under  the  direction  fund,  etc. 
of  the  trustees  for  the  following  purposes,  to  wit :  — Five 
thousand  dollars  for  the  establishment  of  a  labor  fund  to 
assist  needy  students  of  said  college,  and  five  thousand 
dollars  to  provide  the  theoretical  and  practical  education 
required  by  its  charter  and  the  laws  of  the  United  States 
relating  thereto. 

For   travelling   and   other   necessary   expenses   of  the  Expenses, 
trustees  of  the  Massachusetts  Agricultural  College,  a  sum 
not  exceeding  eight  hundred  dollars. 

For  the  salary  of  the  executive  officer  of  the  state  dairy  Dairy  bureau. 

»'-,  ''     executiveomcer. 

bureau,  five  hundred  do.!lars. 

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

For   assistants,    experts,    chemists,    agents,   and  other  Dairy  bureau, 
necessary  expenses  of  the  state  dairy  bureau,  a  sum  not  ^^^^°^^^- 
exceeding  seven  thousand  dollars. 

For  purchasino;  nails  or  spikes  to  be  driven  into  certain  Preservation  of 

^7  *  ^    ^  shucle  treed  otc* 

trees  designated  by  the  authonties  of  cities  and  towns, 
for  the  purpose  of  preserving  ornamental  and  shade  trees 


26  Acts,  1896.  — Chaps.  26,  27,  28. 

on  public  highways,  a  sum  not  exceeding  two  hundred 
dollars. 

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

Approved  January  31,  1896. 


Chap.  26. 


An  Act   making    an    appropriation   for   the   Massachusetts 
school  fund. 

Be  it  enacted,  etc.,  as  follows: 
^ITfl^MnT*         Section  1.     The  sum  of  one  hundred  thousand  dollars 

Bcnooi  r  una . 

is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
]\Iassachusetts  School  Fund,  as  provided  for  by  chapter 
ninety  of  the  resolves  of  the  year  eighteen  hundred  and 
ninety-four. 

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

Approved  January  31,  1896. 


Chcil)    27     ^^     ^*^^    MAKING     an     appropriation     FOR    THE 


MASSACHUSETTS 
STATE    FIREMEN'S    ASSOCIATION. 


Be  it  enacted,  etc.,  as  follows: 
Massachusetts         Section  1.     Tlic  suui  of  tcu  thousaud  dollars  is  hereby 

(State  li  iiemeu  8  _  ^  _         .J 

Association.  appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  Massachu- 
setts State  Firemen's  Association,  as  provided  for  by 
chapter  one  hundred  and  seventy-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two. 

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

Approved  January  31,  1896. 


Chap.  28.  ^^  ^^"^  MAKING  APPROPRIATIONS  FOR  THE  PAYMENT  OF  STATE 
AND  MILITARY  AID,  AND  FOR  EXPENSES  IN  CONNECTION  THERE- 
WITH. 

Be  it  enacted,  etc.,  as  follows: 

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

state  ami  For  reimbursement  to  cities  and  towns  for  money  paid 

military  aid.  i 

on  account  ot    state  and  military  aid  to  Massachusetts 


Acts,  1896.  — Chaps.  29,  30.  27 

volunteers  and  their  families,  a  sum  not  exceeding  six 
hundred  and  twenty-seven  thousand  dollars,  the  same  to 
be  paid  on  or  before  the  first  day  of  December  in  the  year 
eighteen  hundred  and  ninetj^-six. 

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

For  clerical  assistance,  salaries  and  expenses  of  agents,  oiencai  assist- 
and  other  expenses  of  the  commissioners  of  state  aid,  a 
sum  not  exceeding  eight  thousand  two  hundred  and  sixty 
dollars. 

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.     Tliis  act  shall  take  eftect  upon  its  passage. 

Ajiproced  Jamiary  31,  1S96. 

Ax  Act  making  an  APruoPHiATiON  for  the  payment  op  pre-  nj^r/y)   99 

MIUMS     ox     securities     PURCHASED     FOR     THE     MASSACHUSETTS 
SCHOOL    FUND. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  fifty  thousand  dollars  Maflsacimsetts 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  prem'iurason 
the  Commonw^ealth  from  the  ordinary  revenue,  for  the 
payment  l)y  the  treasurer  and  receiver  general  of  premiums 
on  securities  purchased  for  the  Massachusetts  School  Fund, 
as  provided  for  by  chapter  three  hundred  and  thirty-five 
of  the  acts  of  the  year  eighteen  hundred  and  ninet}^ 

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

Approved  Jcijiuary  31,  1896. 


securities. 


An  Act  making  an  appropriation  for  the  sinkin(J^  fund  ok  niffij^  ;^() 

THE   AliOLITION   OF  GRADE   CROSSINGS   LOAN. 

Be  it  enacted,  etc.,  as  foUoics: 

Section  1.  The  sum  hereinafter  mentioned  is  ap-  Appropriation. 
propriated,  to  l)e  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purpose 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  sinking  fund  of  the  Abolition  of  Grade  Cross-  Abolition  of 

Grade  Crossings 
Loan. 


28  Acts,  1896.  — Chaps.  31,  32. 

ings  Loan,  as  provided  for  in  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety,  being  the  estimate  of  the  treasurer  and  receiver 
general,  the  sum  of  thirty-one  thousand  two  hundred 
dollars. 

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

Aj^provecl  January  31,  1896. 

Chan  31.  ^^  "^^^  making  an  appropriation  for  the  prison  and  hospi- 
tal LOAN  SINKING  FUND. 

Be  it  enacted,  etc.,  as  foHoics: 
Prison, -imi  Section  1.     The  sum  of  forty-one  hundred  and  forty 

Hospital  Loan         th'it  .  -, 

Sinking  Fund,  dollars  IS  hereby  ai)propnated,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
for  the  Prison  and  Hospital  Loan  Sinking  Fund,  as  pro- 
vided for  by  chapters  four  hundred  and  eighty-three  and 
five  hundred  and  three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  being  the  estimate  of  the  treas- 
urer and  receiver  general. 

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

Approved  January  31,  1896. 

Chun    32     "^^   ^'^^   MAKING   APPROPRIATIONS   FOR   THE   SALARY  AND  EXPENSES 
OF  THE   GENERAL   SUPERINTENDENT   OF   PRISONS. 

Be  it  enacted,  etc. ,  as  folloics  : 

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

General  Yov  tlic  Salary  of  the  general  superintendent  of  prisons, 

Bupenntenuent       i.^iiiin 

of  prisons.         tiurty-five  hundred  dollars. 

For  clerical  assistance  to  the  general  superintendent  of 
prisons,  a  sum  not  exceeding  one  thousand  dollars. 

For  travelling  expenses  of  the  general  superintendent 
of  prisons,  a  sum  not  exceeding  five  hundred  dollars. 
Expenses.  YoY  incidental  and  contingent  expenses  of  the  general 

superintendent  of  prisons,  a  sum  not  exceeding  one  thou- 
sand dollars. 

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

Ap2)roved  January  31,  1896. 


Clerical 
assistance. 


Travelling 
expenses. 


Acts,  1896.  — Chaps.  33,  34,  35.  29 


An   Act   making  appropriations  for  salaries  and  expenses  ni^n^^   ^Q 

IN  THE   OFFICE   OF  THE   STATE   BOARD   OF   HEALTH.  ^ 

JBe  it  enacted^  etc.,  as  folloirs: 

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

For  the  sahiry  of  the  secretary  of  the  state  board  of  j^^^'.^h^"'"''^  °^ 
health,  three  thousand  dollars,  secretary. 

For  the  general  work  of  the  state  board  of  health,  in-  Expenses. 
eluding  all  necessary  travelling  expenses,  a  sum  not  ex- 
ceedino;  thirteen  thousand  dollars. 

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

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

Apiyroved  January  31,  1896, 


Chap.  34, 


An  Act  making  appropriations  for  salaries  and  expenses  in 

the  office  of  the  state  pension  agent. 
Be  it  enacted,  etc.,  as  foUoics: 

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

For  the  salary  of  the  state  pension  agent,  two  thousand  ale*ut.^*'°^'°° 
dollars. 

For  clerical  assistance,  travelling  expenses,  rent,  care  Expenses. 
of  rooms  and  other  necessary  expenses  of  the  state  pen- 
sion agent,  a  sum  not  exceeding  four  thousand  dollars. 

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

Approved  January  31,  1896. 


Chap.  35. 


An    Act   making   an    appropriation   for   the   Massachusetts 

school  for  the  feeijle-minded. 
Be  it  enacted,  etc.,  as  folio ic s : 

Section  1.     The  sum  of  twenty-five  thousand  dollars  Massachusetts 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of  leeWe'-mi^nded. 


30  Acts,  1896.  — Chaps.  36,  37,  38. 

the  Commonwealth  from  the  ordinary  revenue,  to  the 
JMassachusetts  School  for  the  Feeble-minded,  as  provided 
for  by  chapter  one  hundred  and  twenty-three  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-seven. 

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

Approved  January  31,  1S96. 

ChaiJ.  36.   ^^  Act  MAKING  AN  APPKOI'KIATION  FOR  THE  METU0P01.ITAN  PARKS 

LOAN   SINKING   FUND. 

Be  it  enacted^  etc. ,  as  folloios : 

ParWoan"  Section  1.     The  suui  of  thirty-three  hundred  and  fifty 

Sinking  Fund,  dollars  Is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
for  the  Metropolitan  Parks  Loan  Sinking  Fund,  towards 
retiring  the  scrip  issued,  known  as  series  two,  as  provided 
for  in  chapter  two  hundred  and  eighty-eight  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four,  said  sum  being 
the  estimate  of  the  treasurer  and  receiver  general. 

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

Apjyrored  Janvarfj  31,  1890. 

(JJldf),  37.   ^^   -^CT    MAKING    AN    APPROPRIATION    FOR    THE    PERKINS    INSTITU- 
TION  AND  MASSACHUSETTS   SCHOOL  FOR  THE  BLIND. 

Be  it  enacted,  etc.,  as  folloios  : 

uon''I"(i^°'"'""       Section  1.     The    sum   of   thirty  thousand   dollars    is 

sclfooTforthe     ^i^reljy  appropriated,  to  be  paid  out  of  the  treasury  of 

Blind.  the    Commonwealth   from   the    ordinary  revenue,  to  the 

Perkins   Institution    and    Massachusetts    School    for   the 

Blind,  as  provided  for  by  chapter  nineteen  of  the  resolves 

of  the  year  eighteen  hundred  and  sixty-nine. 

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

Ap>proved  January  31,  1896. 

Chaj).  38.   ^^     ^^^     MAiaNG    AN    APPROPRIATION    FOR   THE   STATE    IHGHWAY 

LOAN  SINKING  FUND. 

Be  it  enacted,  etc. ,  as  folloios : 

Loan  Sinking^        Section  1.     The  sum  of  eighteen  thousand  one  hun- 
Fund.  dred  and  fifty  dollars  is  hereby  appropriated,  to  be  paid 

out  of  the  treasury  of  the  Commonwealth  from  the  ordi- 
nary revenue,  for  the  State  Highway  Loan  Sinking  Fund, 
as  provided  for  in  section  eight  of  chapter  four  hundred 


Acts,  1896.  — Chaps.  39,  40.  31 

and  ninety-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  said  sum  being  the  estimate  of  the  treas- 
urer and  receiver  general. 

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

Ajyproved  January  SI,  1896. 


Chap.  39. 


An  Act  making  an  APPRorRiATioN  for  expenses  in  connec- 
tion WITH  THE  EXTERMINATION  OK  CONTAGIOUS  DISEASES  AMONG 
HORSES,  CATTLE  AND  OTHER  ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  sum  of  fifty  thousand  dollars  is  here-  contagious 
by  appropriated,  to  be  paid  out  of  the  treasury  of  the  aJTSif.*"""^ 
Commonwealth  from  the  ordinary  revenue,  for  the  pur- 
pose of  meeting  expenses  in  connection  with  the  exter- 
mination 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-six. 

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

Approved  January  31,  1896. 

An   Act   making  appropriations   for  printing   and   binding  z^/,^^   ac) 
public  documents,  purchasing  paper  and  publishing  laws.  "' 

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

For  printing  and  binding  the   series  of  public  docu-  Printing  and 
ments,  under  the  direction  of  the  secretary  of  the  Com-  dlTct/mlnt"!*'''' 
mon wealth,    a    sum   not   exceeding    fifty-five    thousand 
dollars. 

For   printing   the   pamphlet   edition  of  the  acts  and  Paraphiet 

1  f    ,^  ,  o  iT,.i,.  .       edition,  acts  and 

resolves  of  the  present  year,  tor  general  distribution  in  resolves. 
the  Commonwealth,  a  sum  not  exceeding  four  thousand 
dollars. 

For  printing  and  binding  the  blue  book  edition  of  the  biuo  book. 
acts  and  resolves  of  the  present  year,  with  the  governor's 
message  and  other  matters  in  the  usual  form,  a  sum  not 
exceeding;  seven  thousand  dollars. 


32 


Acts,  1896.  — Chap.  41. 


Newspaper 
publication  of 
laws,  etc. 


Reports  of 
decisions  of 
supreme  judi- 
cial court. 


Purchase  of 
paper. 


Assessors' 
books  and 
blanks. 


Registration 
books  and 
blanks. 


Printing,  etc. 
of  ballots. 


Blank  forms  for 
town  officers, 
etc. 


Blanks  to  regis- 
trars of  voters. 


Early  laws. 


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

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

For  the  purchase  of  paper  for  the  Commonwealth,  used 
in  the  execution  of  the  contract  for  the  state  printing, 
under  the  direction  of  the  secretary  of  the  Common- 
wealth, a  sum  not  exceeding  thirty  thousand  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  registration  report,  a  sum  not  exceeding 
twenty-five  hundred  dollars. 

For  printing  and  distributing  at  the  public  expense 
ballots  cast  at  elections  for  national,  state,  district  and 
county  oflicers,  in  the  cities  and  towns  in  the  Common- 
wealth, a  sum  not  exceeding  ten  thousand  dollars. 

For  blank  forms  for  town  officers,  election  laws  and 
instructions  on  all  matters  relating  to  elections,  expense 
of  advertising  the  state  ticket,  all  under  the  direction  of 
the  secretary  of  the  Commonwealth,  a  sum  not  exceeding 
thirty-five  hundred  dollars. 

For  furnishing  suitable  blanks  to  registrars  of  voters 
by  the  secretary  of  the  Commonwealth,  a  sum  not  ex- 
ceeding five  hundred  dollars. 

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

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

A])proved  January  31,  1896. 


Chap.  41.   -^N   -'^CT  MAKING  AN  APPROPRIATION  FOR  THE  REMOVAL  OF  WRECKS 

FROM   TIDE  WATERS. 

Be  it  enacted,  etc.,  as  follows : 

^bsTruTtio^fs  Section  1.     The  sum  of  five  thousand  dollars  is  hereby 

from  tide  appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 


Acts,  1896.  — Chaps.  42,  43.  33 

mon wealth  from  the  ordinary  revenue,  for  expenses  in 
connection  with  the  removal  of  wrecks  and  other  obstruc- 
tions from  tide  waters,  as  provided  for  in  section  nine 
of  chapter  two  hundred  and  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-three,  during  the  year  end- 
ing on  the  thirty-first  day  of  December  in  the  year  eight- 
een hundred  and  ninety-six. 

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

Approved  January  31^  1890. 


lPPROPRIATIONS     for    compensation    and    ex-   (J]i(XV.4:'2i. 


An   Act  making   ai 

penses  of  the  ballot  law  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  AppropriaiionB. 
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  hun- 
dred and  ninety-six,  to  wit :  — 

For  compensation  of  the  ballot  law  commission,  a  sum  Baiiot  law  com- 
not  exceeding  nine  hundred  dollars.  missiou. 

For  such  expenses  of  the  ballot  law  commission  as  may  Expenses. 
be  necessary,  a  sum  not  exceeding  six  hundred  dollars. 

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

Aj}proved  January  31,  1896. 


An  Act  making  appropriations  for  salaries  and  expenses  OJfftr)  4Q 
IN  the  department  of  the  commissioners  of  prisons,  and  ■^' 

FOR  sundry  reformatory  EXPENSES. 

Be  it  enacted,  etc.,  asfoHoivs: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  df  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  hun- 
dred and  ninety-six,  to  wit :  — 

For  the  salary  of  the  secretary  of  the  commissioners  commissioners 
of  prisons,  twenty-five  hundred  dollars.  Lc'Jetlry!' 

For   clerical  assistance    in  the  ofiice  of  the  commis-  ciericAi 
sioners    of  prisons,   a  sum  not  exceeding  twent^^-cight  ''**'*'^°°^- 
hundred  dollars. 


34 


Acts,  1896.  — Chap.  44. 


Agents. 


Travelling 
expeDseB. 


Expenses. 


Agent  for  aid- 
ing discharged 
female 
prisoners. 

Expenses. 


Aiding 

discharged 

prisoners. 

Agent. 


Expenses. 


Removal  of 
prisoners. 


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

For  travelling  expenses  of  the  commissioners  of 
prisons,  and  of  the  secretary  and  agents  of  said  commis- 
sioners, a  sum  not  exceeding  twenty-five  hundred  dollars. 

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

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

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

For  aiding  prisoners  discharged  from  the  Massachusetts 
reformatory,  a  sum  not  exceeding  five  thousand  dollars. 

For  the  salary  of  the  agent  for  aiding  prisoners  dis- 
charged from  the  state  prison,  twelve  hundred  dollars. 

For  expenses  of  the  agent  for  aiding  prisoners  dis- 
charged from  the  state  prison,  to  be  used  in  rendering 
assistance  to  said  prisoners,  a  sum  not  exceeding  three 
thousand  dollars. 

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

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

Apjyroved  January  31,  1896. 


CllClV.  44     -^^    ^^^    MAKING    APPROPRIATIONS    FOR    SALARIES    AND    EXPENSES 

OF  THE   DISTKICX   POLICE. 

Be  it  enacted,  etc.,  as  foUoivs : 
Appropriations.  SECTION  1.  Tlic  suuis  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

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,  fifteen  hundred  dollars. 


District  police, 
chief. 


First  Clerk. 


Acts,  1896.  — Chaps.  45,  46.  35 

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

For  the  compensation  of  the  forty-two  members  of  the  District  poUce. 
district  police,  a  sum  not  exceeding  sixty-two  thousand 
dollars. 

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

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

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

Apjn'oved  January  31,  1896. 


An  Act  making  an   APPRorKiATiON  for  the  salary   of  the  nhf^.^-.    AK 

ASSAYER  AND   INSPECTOR   OF  LIQUORS.  ^   ' 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     The   sum   of  twelve   hundred  dollars  is  Assayorand 

insptctc 
liquors. 


hereby  appropriated,  to  be  paid  out  of  the  treasury  of  JF'^p'^''''"' " 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
salary  of  the  assayer  and  inspector  of  liquors,  for  the 
year  ending  on  the  thirty-first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-six. 

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

Ajiproved  Janimry  SI,  1890. 


An  Act  making  an  appropriation  for  current  expenses  at  njiff/^  A(\ 

THE  MASSACHUSETTS   HOSPITAL  FOR  DIPSOMANIACS   AND    INEURI- 
ATES. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.     The  sum  of  twenty  thousand  dollars  is  Massachusetts 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  di>omini'ac8 
the  Commonwealth  from  the  ordinary  revenue,  to  p^y  a"d  inebriates. 
necessary    expenses,   in   excess   of  any   receipts,   at   the 
Massachusetts  hospital  for  dipsomaniacs  and  inebriates, 
during  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber in  the  year  eighteen  hundred  and  ninety-six. 

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

Apjiroved  January  31,  1896. 


36 


Acts,  1896.  —  Chaps.  47,  48,  49. 


Chai^.  47.  A^  '^c-^ 


MAKING    AN    APPROPKIATION    FOR    THE    MEDFIELD   INSANE 
ASYLUM  LOAN   SINKING   FUND. 


Medfield  Insane 
Asylum  Loan 
Sinking  Fund. 


Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.  The  sum  of  twenty-five  thousand  eight 
hundred  dollars  is  hereby  appropriated,  to  be  paid  out 
of  the  treasury  of  the  Commonwealth  from  the  ordinary 
revenue,  for  the  Medfield  Insane  Asylum  Loan  Sinking 
Fund,  as  provided  for  in  section  one  of  chapter  three 
hundred  and  ninety-one  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four,  said  sum  being  the  estimate  of 
the  treasurer  and  receiver  general. 

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

Approved  January  31,  1896. 


ChciD.  48.  ^^  ■^^'^  MAKING  APPROPRIATIONS  FOR  CARRYING  OUT  THE  PRO- 
VISIONS OF  THE  ACT  RELATING  TO  THE  EMPLOYMENT  OF  LABOR 
IN  THE   PRISONS  OF  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  foUoivs : 
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  hun- 
dred and  ninety-six,  to  wit :  — 

For  maintaining  industries  at  the  state  prison,  a  sum 
not  exceeding  one  hundred  and  sixty  thousand  dollars. 

For   maintaining  industries  at  the  Massachusetts    re- 
formatory, a  sum  not  exceeding  fifty  thousand  dollars. 

For  maintaining  industries  at  the  reformatory  prison 
for  women,  a  sum  not  exceeding  three  thousand  dollars. 

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

Approved  January  31,  1896. 


Industries  at 
state  prison. 

Massachusetts 
reformatory. 

Reformatory 
prison  for 
women. 


Chai).  49.   ^^  ^^"^  MAKING  APPROPRIATIONS  FOR  THE  SALARIES  AND  EXPENSES 
OF  THE  HARI50R  AND   LAND   COMillSSIONERS. 

Be  it  enacted,  etc.,  as  foUoics : 
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 


Acts,  1896.  — Chaps.  50,  51.  37 

thirty-first  day  of  Deceml^er  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  salaries  of  the  harbor  and  land  commissioners,  Harbor  and 

„  ,  ,        Tin  '"D'^  commis- 

si Xty -tour  hundred  dollars.  sioners. 

For  compensation  and  expenses  of  the  engineer,  for  clerical  aBsist- 
clerical  and  other  assistance  authorized  by  the  harbor  and  "'"'*'' 
land  commissioners,  a  sum  not  exceeding  six  thousand 
dollars. 

For  travellino;  and   other  necessary  expenses  of  the  Travelling 

~  ,       .  ^  i  ...  ,       expenses,  etc. 

harbor  and  land  commissioners,  a  sum  not  exceeding  six 
hundred  dollars. 

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

For  expenses  in  connection  with  the  care  and  supervi-  P'"o^>°<'e  '^°d^- 
sion  of  the  province  lands  in  the  town  of  Provincetown, 
to  be  expended  under  the  direction  of  the  harbor  and  land 
commissioners,  a  sum  not  exceeding  thirty-five  hundred 
dollars. 

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

Approved  February  6,  1896. 

An   Act   making  an  appropriation  for  the  Massachusetts  QJkij)^  50, 
institute  of  technology. 

Be  it  enacted^  etc.^  asfolloios: 

Section  1.     The  sum  of  twentv-seven  thousand  dollars  Masgachusetts 

,  •11  '"i  ^1  /•    Institute  of 

IS  hereby  appropriated,  to  be  paid  out  oi  the  treasury  oi  Technology. 
the   Commonwealth   from  the  ordinary  revenue,  to  the 
Massachusetts  Institute  of  Technology,  as  provided  for 
by  chapter  seventy  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-five. 

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

Approved  February  6,  1896. 

An  Act  making  appropriations  for  the  disposal  of  sewage  (JJkxt),  51, 
from  the  massachusetts  school  for  feeble-minded. 

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  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  Decemlier  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit:  — 


38  Acts,  1896.  — Chaps.  52,  53. 

MaBBachiisetts  YoY  tliG  citj  of  Waltliam,  the  sum  of  sixteen  thousand 
Feeble-minded,  nine  hundred  and  forty-nine  dolhirs  and  ninety-six  cents, 
beiui?  the  proportionate  assessment  upon  the  Massachu- 
setts School  for  Feeble-minded  for  expense  of  construc- 
tion of  the  system  of  disposal  of  sewage  from  said  school, 
as  provided  for  in  section  two  of  chapter  eighty-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three. 
Sewage  dis-  YoY  tlic  city  of  Waltham,  for  the  annual  assessment 

due  from  the  Commonwealth  towards  maintaining  and 
operating  said  system  of  sewage  disposal,  the  sum  of  tive 
hundred  twenty-six  dollars  and  eight  cents,  as  provided 
for  in  section  three  of  chapter  eighty-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three. 

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

Aj)proved  February  6,  1896. 

Chan  52  ^^  ^^^  making  ArPKOPRTAXIONS  FOR  THE  COMPENSATION  OF  THE 
BUILDING  COMMITTEE  AND  EXPENSES  OF  THE  TRUSTEES  OF  THE 
MEDFIELD  INSANE  ASYLUM. 

Be  it  enacted,  etc. ,  as  foUoics  : 

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

Medfieid  insane       YoY  tlic  comneusation  of  the  buildinof  committee  of  the 

asylum,  build-      -^  ^     -,  r,    ■•  -,   .  ■,  •     ,        r>         i  S        iin 

ing  committee.    Medfieid  insauc  asylum,  sixty -five  hundred  dollars. 
ExpenseBof  Por  travelling   and  other  necessary   expenses  of  the 

trustees  of  the  Medfieid  insane  asylum,  to  include  ofiice 
rent,  clerk  hire  and  telephones,  postage,  stationery  and 
telegrams,  a  sum  not  exceeding  twenty-six  hundred  and 
seventy-five  dollars. 

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

Approved  February  6,  1896. 


trustees. 


Chap.  53. 


An  Act  to  extend  the  corporate  existence  of  the  hanover 
street  railway  compajsty. 


Be  it  enacted,  etc.,  as  follows: 
Time  extended.       Section  1.     The  corporatc  cxistcnco  of  the  Hanover 
Street  Railway  Company  is  hereby  extended  for  a  further 


Acts,  1896.  — Chaps.  54,  55.  39 

term  of  one  year,  subject  to  all  general  laws  relating  to 
such  corporations. 

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

Approved  February  6,  1896. 

An  Act  making  an  ArrROPKiATioN  for  the  payment  of  tuition  (JJiQp^  54. 

OF   CHILDREN   ATTENDING  A  HIGH   SCHOOL   OUTSIDE   THE   TOWN  IN 
WHICH  THEY  RESIDE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  hereinafter  mentioned  is  ap-  Appropriation. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purpose 
specitied,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  payment  by  the  Commonwealth  of  tuition  of  ^"ij"°°y°^, 
children   attending  a  high    school    outside  the  town  in  towns  having  no 
which  they  reside,  of  any  town  in  which  a  high  school  or 
school  of  corresponding  grade  is  not  maintained,  a  sum 
not  exceeding  five  thousand  dollars. 

Section  2.    This  act  shall  take  efiect  upon  its  passage. 
-^  App)roved  February  6,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  nj^fjrn  ^5 

AT  the   state   prison.  "^ 

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

For  the  })ayment  of  salaries  at  the  state  prison,  a  sum  state  prison. 
not  exceeding  seventy-five  thousand  five  hundred  dollars. 

For  current  expenses  at  the  state  prison,  a  sum  not  ex-  Expenses. 
ceeding  eighty-five  thousand  dollars. 

For   the    necessary  repairs   to  the    warden's,   deputy  Repairs. 
warden's  and  ofiicers'  houses,  a  sum  not  exceeding  five 
hundred  dollars. 

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

Approved  February  6',  1890. 


40 


Acts,  1896.  —  Chaps.  56,  57,  58. 


07)07)    'ifi     -^^  ^'-''^  MAKING   AN    APPROPRIATION    FOR    THE    COMPENSATION    OF 
-^  '  '  INSPECTORS   OF  ANIMALS   AND   PROVISIONS. 

Be  it  enacted,  etc.,  as  follows: 
Appropriation.  Section  1.  TliG  sum  hereinafter  mentioned  is  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purpose 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  compensation  of  inspectors  of  animals  and  pro- 
visions, as  provided  for  by  chapter  four   hundred   and 
seventy-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  a  sum  not  exceeding  ten  thousand  dollars. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  6,  1896. 


Inspectors  of 
animals  and 
provisionB. 


Chap,  57. 


May  issue 
bonds,  notes  or 
scrip,  etc. 


P.  S.  29,  etc., 
to  apply. 


Chap.  58. 


Appropriations. 


An  Act  to  authorize  the  town  of  natick  to  refund  a  portion 
of  its  indebtedness. 

Be  it  enacted,  etc.,  as  folloios: 

Sectiox  1.  The  town  of  Natick,  for  the  purpose  of 
refunding  a  portion  of  its  indebtedness  at  present  exist- 
ing, may  issue  bonds,  notes  or  scrip  to  an  amount  not 
exceeding  one  hundred  and  twenty-five  thousand  dollars, 
payal)le  in  periods  not  exceeding  thirty  years  from  the 
date  of  issue  and  bearing  interest  payable  semi-annually 
at  a  rate  not  exceeding  six  per  cent,  per  annum.  Said 
bonds  may  be  sold  at  public  or  private  sale,  and  the  pro- 
ceeds shall  be  used  to  discharge  an  equal  amount  of  the 
existing  indebtedness  of  said  town.  The  provisions  of 
chapter  twenty-nine  of  the  Pul)lic  Statutes  and  of  acts 
in  amendment  thereof  and  in  addition  thereto  shall  in 
all  other  respects,  so  far  as  applicable,  apply  to  the 
indebtedness  authorized  by  this  act  and  the  securities 
issued  therefor. 

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

Ajyproved  February  6,  1896. 

An  Act  making  appropriations  for  salaries  and    expenses 
AT  the  Massachusetts  reformatory. 

Be  it  enacted,  etc.,  as  foUotvs : 

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


Acts,  1896.  — Chaps.  59,  60.  41 

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  hun- 
dred and  ninety-six,  to  wit :  — 

For  the  payment  of  the  salaries  of  officers  at  the  Mas-  MassachuBetts 
sachusetts  reformatory,  a  sum  not  exceeding  seventy-eight  '*^  °"""  °^^' 
thousand  nine  hundred  dolhirs. 

For  salaries  and  wages  of  instructors,   teachers    and  u?acherl?"rc. 
other   employees   at   the   Massachusetts    reformatory,  a 
sum  not  exceeding  twenty-four  thousand  nine  hundred 
dollars. 

For  current  expenses  at  the  Massachusetts  reformatory,  ExpenseB. 
a  sum  not  exceeding  one  hundred  and  eleven  thousand 
dollars. 

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

Ax)proved  February  6,  1896. 

An  Act  making  an  appropriation  for  current  expenses  at  (J]iap.  59. 

THE  MEDFIELD  INSANE   ASYLUM. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  The  sum  of  fifty  thousand  dollars  is  Medfieid  insane 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Cyommonwealth  from  the  ordinary  revenue,  for  the 
payment  of  current  expenses  at  the  Medfield  insane  asy- 
lum, during  the  year  ending  on  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-six. 

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

Aj)proved  February  6,  1896. 

An  Act  making  appropriations  for  salaries  and  expenses  Qfidj)^  (50. 

AT  THE   REFORMATORY   PRISON   FOR  WOMEN. 

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

For  the  payment  of  salaries,  wages  and  labor  at  the  Reformatory 

/.  .  •  j>  .  T  prison  for 

reiormatory  prison    tor   women,  a   sum   not   exceeding  women. 
twenty-five  thousand  dollars. 

For  current  expenses    at  the  reformatory  prison   for  Expenses. 
women,  a  sum  not  exceeding  thirty-two  thousand  dollars. 


42  Acts,  1896.  — Chaps.  61,  62. 

Sewage  jtqj.  ^lie  towii  of  Framingliam,  toward  the  annual  ex- 

iBposa .  pgjjse  of  maintainino-  and  operating  the  system  of  sewage 

disposal  at  the  reformatory  prison  for  women,  the  sum 
of  six  hundred  doUars. 

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

A^jproved  February  6,  1896. 


OhaV    61.   ^^    ^'^'^    MAKING    APPROPRIATIONS    FOR    SALARIES     AND    EXPENSES 

AT   THE   STATE   ALMSHOUSE. 

Be  it  enacted.,  etc.,  as  foUoics : 
Appropriations.  Section  1.  Thc  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-six,  to  wit :  — 

For  the  payment  of  salaries,  wages  and  labor  at  the 
state  almshouse,  a  sum  not  exceeding  thirty-three  thou- 
sand one  hundred  dollars. 
Expenses.  Yov  currcut  expcuscs  at  the  state  almshouse,  a  sum  not 

exceeding  one  hundred  thousand  dollars. 

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

Approved  February  6',  1S96. 


State  alms 
house. 


CJlClV.  62.   ^^    ^^'^    MAKING    APPROPRIATIONS    FOR    SALARIES    AND    EXPENSES 

AT  THE   STATE    FARM. 

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-six,  to  wit :  — 

State  farm.  YoY  the  payment  of  salaries,  wages  and  labor  at  the 

state   farm,  a  sum   not   exceeding   thirty-two    thousand 
dollars. 

Expenses.  YoY  curreut  expenses  at  the  state  farm,  a  sum  not  ex- 

ceeding eighty-two  thousand  nine  hundred  dollars. 

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

Approved  February  6,  1896. 


Acts,  1896.  — Chaps.  63,  64.  43 


An  Act  making  appropriations  for  salaries  and  expenses  (JJiaj).  63. 

AT   THE   STATE  INDUSTRIAL   SCHOOL   FOR   GIRLS. 

Be  it  enacted^  etc.,  as  folloivs  : 

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

For  the  payment  of  salaries,  wages  and  labor  at  the  state  industrial 
state  industrial  school  for  girls,  a  sum  not  exceeding  ^"^  °°  orgirs. 
eleven  thousand  five  hundred  dollars. 

For  current  expenses  at  the  state  industrial  school  for  Expenses. 
girls,  a  sum  not  exceeding  sixteen  thousand  two  hundred 
and  seventy-five  dollars. 

For  expenses  in  connection  with  boarding  out  younger  Boarding  out 
girls  from  the  state  industrial  school,  a  sum  not  exceed-  y°"°^'^'' 8*'' *• 
ing  five  hundred  dollars. 

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

Approved  February  6,  1896. 


An  Act  making  appropriations  for  the  payment  of  annuities 
TO  soldiers  and  others. 


Chap.  64. 


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  annuities  and  pensions  due  from  the  Commonwealth  to 
soldiers  and  others,  during  the  year  ending  on  the  thirty- 
first  day  of  Deceml)er  in  the  year  eighteen  hundred  and 
ninety-six,  to  wit :  — 

For  annuities  due  from  the  Commonwealth,  incurred  Johonnot 
by  the  acceptance  of  the   bequest  of  the   late   Martha 
Johonnot,  a  sum  not  exceeding  three  hundred  dollars. 

For  annuities  to  soldiers  and  others,  as  authorized  by  Annuities  to 
the  legislature,  the  sum  of  thirty-nine  hundred  and  eighty  ^°''^"'"' ®'"- 
dollars. 

For  pensions  authorized  by  the  legislature,  the  sum  of  Pensions. 
five  hundred  and  twenty  dollars. 

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

Approved  February/  0,  ISOG. 


4:4 


Acts,  1896.  — Chap.  65. 


Clio  J).  65. 


An  Act  making  appropriations  for  salaries   of  employees 

AND   for  other  NECESSARY   EXPENSES   IN    THE    DEPARTMENT    OF 
THE  SERGE ANT-4T- ARMS. 

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

For  the  salaries  of  the  chief  engineer  and  other  em- 
ployees in  the  engineer's  department,  a  sum  not  exceed- 
ing ninety-eight  hundred  dollars. 

For  the  salaries  of  the  watchmen  and  assistant  watch- 
men at  the  state  house,  a  sum  not  exceeding  eleven 
thousand  one  hundred  dollars. 

For  the  salaries  of  firemen,  oilers  and  cleaners  at  the 
state  house,  a  sum  not  exceeding  ten  thousand  four  hun- 
dred dollars. 

For  the  salaries  of  the  elevator  men  and  expenses  in 
connection  with  the  elevators  at  the  state  house,  a  sum 
not  exceeding  sixty-eight  hundred  dollars. 

For  the  salaries  of  the  gardener  and  porters  at  the  state 
house,  a  sum  not  exceeding  four  thousand  four  hundred 
dollars. 

For  rent  of  telephones  and  expenses  in  connection 
therewith  at  the  state  house,  a  sum  not  exceeding  thirty- 
seven  hundred  and  twenty-five  dollars. 

For  fuel  and  lights  at  the  state  house,  including  coal, 
water,  gas  and  removal  of  ashes,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  the  care  of  the  state  house  and  grounds,  including 
repairs,  and  furniture  and  repairs  thereof,  and  for  such 
expenses  as  may  be  necessary  at  the  buildings  numbered 
five  and  six  Mount  Vernon  street  in  the  city  of  Boston, 
now  occupied  by  state  departments,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  the  salaries  of  the  messengers  to  the  sergeant-at- 
arms,  known  as  sergeant-at-arms'  messengers,  including 
an  ofiice  boy,  a  sum  not  exceeding  forty-seven  hundred 
dollars. 

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


Engineer's 
department. 


Watchmen. 


Firemen,  etc. 


Elevators. 


Gardener  and 
porters. 


Telephones. 


Fuel  and  lights. 


Care  of  state 
house,  etc. 


Sergeant-at- 
arms,  messen- 
gers. 


Sereeantat- 
arms,  expenses 


Acts,  1896.  —  Chaps.  66,  67.  45 

For  the  salary  of  the  stenographer  of  the  sergeant-at-  stenographer. 
arms,  a  sum  not  exceedmg  eight  hundred  dolhirs. 

For  the  salary  of  the  state  house  matron,  a  sum  not  ^'auon""^*" 
exceeding  eight  hundred  dollars. 

For  the  salary  of  the  janitor  at  the  Commonwealth  Commonwealth 
building,  a  sum  not  exceeding  nine  hundred  dollars.  building. 

For  repairs,  improvements,  furniture,  and  other  neces-  Repairs, etc. 

^  1         /^  1    1     1       M  T  J.   Commonwealth 

sary  expenses  at  the  Commonwealth  building,  a  sum  not  building. 
exceeding  five  thousand  dollars. 

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

A2)2)roved  February  6,  1896. 

An  Act  to  katify  the  proceedings  of  st.  petek's  cuukch  in  (JJiap,  QQ, 

CAMDRIDGE. 

Be  it  enacted^  etc.,  asfoUoivs: 

Section  1 .    The  acts  and  proceedings  of  the  Protestant  £p°l^opai'Re. 
Episcopal  Religious  Society  in  Cambridge,  organized  on  |ifc3^,^°id*'e^ 
the  seventeenth  day  of  October  in  the  year  eighteen  hun-  proceedings 
dred  and  forty-two,  under  the  name  of  St.  Peter's  Church, 
shall  not  be  invalidated  by  any  irregularity  or  informality 
in  such  acts  and  proceedings  between  said  date  and  the 
date  of  the  passage  of  this  act ;  and  the  organization  of 
said  society  and  all  its  acts  and  proceedings,  including 
the  action  of  said  society  in  changing  its  name  to  the 
Parish  of  St.    Peter's   Church,   are  hereby  ratified  and 
declared  valid. 

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

Approved  February  7,  1896. 


CONFIRM     CERTAIN    PROCEEDINGS     OF    THE    TOWN    OF   Qhai)    {77 
A    SPECIAL  TOWN   MEETING    HELD    ON    THE     TWENTY- 


An  Act   to 
milton  at  a 

ninth  day  of  june   in   the   year   eighteen   hundred   and 
ninety-five. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  proceedings  of  the  special  town  meet-  Proceediugs  of 
ing  of  the  town  of  Milton,  held  on  the  twenty-ninth  day  meeting  of 
of  June  in  the  year  eighteen  hundred  and  ninety-five,  armed.''"" 
shall  not  be  invalid  by  reason  of  the  omission  in  the  war- 
rant calling  said  meeting  of  a  specification  of  the  time  of 
opening  the  polls  and  the  time  of  closing  the  polls  for  the 
election  of  the  board  of  sewer  commissioners. 

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

Approved  February  7,  1896. 


46  Acts,  1896.  — Chaps.  68,  69,  70. 


Chap.  68.   ^^     ^^^"^    "^^    AUTHORIZE    THE     TOWN     OF     STONEHAM    TO     REFUND 

CERTAIN   TAXES. 

Be  it  enacted,  etc. ,  as  follows : 

IZVLuuT  Section  1.  The  town  of  Stoneham  is  authorized  to 
certain  taxes,  refund  to  WilHs  Eoss,  pursuant  to  a  vote  of  said  town 
passed  on  the  sixth  day  of  December  in  the  year  eighteen 
hundred  and  ninety-five,  the  sum  of  one  hundred  and 
seventy-two  dollars  and  eighty-seven  cents,  being  taxes 
wrongfully  assessed  upon  his  estate  during  the  years 
eighteen  hundred  and  seventy  to  eighteen  hundred  and 
ninety-four,  inclusive. 

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

Aiiproved  February  7,  1896. 

(JJiap.  69.  ^N    Act    MAKING    APPKOl^RIATIONS     FOR    SALARIES    AND    EXPENSES 

AT  THE   LYMAN   SCHOOL   FOR   BOYS. 

Be  it  evaded^  etc.,  as  follows : 

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

Fo^oyr''""'  For  the  payment  of  salaries,  wages  and  labor  at  the 
Lyman  school  for  bo^^s,  a  sum  not  exceeding  twenty- 
seven  thousand  dollars. 

Expenses.  ^Qv  currcut  expenses  at  the  Lyman  school  for  ]>oys,  a 

sum  not  exceeding  forty  thousand  dollars. 

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

Apxiroved  February  7,  1896. 

Chap.  70.  '^^"^    -^^^    MAKING     APPROPRIATIONS     FOR     SUNDRY    MISCELLANEOUS 

EXPENSES  AUTHORIZED   BY'  LAW. 

Be  it  enacted,  etc.,  as  follows : 
Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified,  to  meet  expenses  for  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 
uuci^raed  For   the  payment  of  unclaimed  moneys  in  the  hands 

moueys.  ^^  recclvers  of  certain  insolvent  corporations,  after  the 


Acts,  1896.  — Chap.  71.  47 

same  have  been  deposited  in  the  treasury  o-f  the  Com- 
monwealth, a  sum  not  exceeding  three  thousand  dollars. 

To  carry  out  the  provisions  of  the  act  relative  to  the  Payment  of 
payment   from   the   treasury   of  the   Commonwealth   of  froVpubMc  ad- 
funds  received  from  public  administrators,  a  sum  not  ex-  "^'nistiaiors. 
ceeding  four  thousand  dollars. 

For  medical  examiners'  fees,  a  sum  not  exceeding  live  Medical 

,-,,---  "■'  examiners'  fees. 

liundred  dollars. 

For  expenses  incurred  in  the  construction  and  repair  Repairs,  etc., 
of  roads  in  the  town  of  Mashpee  during  the  year  eighteen  Mashpee. 
hundred  and  ninety-tive,  the  sum  of  three  hundred  dol- 
lars. 

For  assistance  to  the  town  of  Truro  in  maintaining  a  Beach  I'oint 

_.  i>i  1  T-»i-r»'j-   road  in  I  ruro. 

section  oi  its  county  highway,  known  as   lieach  Foint 
road,  a  sum  not  exceeding  five  hundred  dollars. 

For  the  supi^ort  of  Sarah  J.  Robinson,  a  prisoner  in  support  of 

1        •     •!  T  11    •         1  {•   n/i-  1  11  X   Sarah  J.  llobin- 

the  jail  at  Lowell  in  the  county  oi  Middlesex,  a  sum  not  son. 
exceeding  four  hundred  dollars. 

For  the  compensation  of  i)robation  officers,  as  author-  Probation 

•  r»i  1  111  1    1^1'  oilicers,  com- 

ized  by  section  seven  oi  cha})ter  three  hundred  and  fiity-  pensation. 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one,  a  sum  not  exceeding  six  hundred  dollars. 

For  small  items  of  ex})enditure  for  which  no  appropri-  Expenditure."* 
ations  have  been  made,  or  for  which  apijropriations  have 
been  exhausted  or  have  reverted  to  the  treasury  of  the 
Commonwealth  in  previous  years,  a  sum  not  exceeding 
one  thousand  dollars,  to  be  expended  under  the  direction 
of  the  auditor  of  the  Commonwealth. 

For  furnishing  cities  and  towns  with  liallot  l)oxes,  and  R^iiot  boxes. 
for  repairs  to  the  same,  a  sum  not  exceeding  five  thou- 
sand dollars. 

For  furnishing  registrars  of  voters  in  the  cities  and  bofea!"^'^*'"" 
towns  ot  the  Commonwealth  with  suitable  registration 
l)oxes,  a  sum  not  exceeding  five  hundred  dollars. 

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

A2ypToved  February  7,  1896. 


An  Act   making  an  appropriation   for   the   payment   of    a  (IJicin.  71. 
.tud<;ment  entered  in  the  superior  court  in  favor  of  The- 
odore E.  DAVIS  AGAINST  THE   COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.     A  sum  not  exceeding  eighteen  thousand  ^u7™^eut°Q 
one  hundred  eighty-six  dollars  and  thirty-eight  cents  is  favor  of  Theo- 

^^      "  I/O  dor«  E.  Davis. 


48  Acts,  1896.  — Chaps.  72,  73,  74. 

hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  revenue,  for  the 
payment  of  a  judgment  entered  in  the  superior  court 
against  the  Commonwealth  in  favor  of  Theodore  E. 
Davis,  being  for  the  full  amount  of  his  claim,  legal  costs 
and  interest  until  paid. 

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

Approved  Fehriiary  7,  1896. 

GJlCLT)    72.   ^^  ^'^^  MAKING  AN  APPROPRIATION   FOR   OPERATING   THE   CHARLES 

RIVER  VALLEY   SYSTEM   OF   SEWERAGE, 

He  it  enacted.,  etc.,  as  follows  : 

vaueysyitem  Section  1.  A  sum  not  cxceediug  thirty  thousand  dol- 
of  sewerage.  jj^rg  jg  hcrcby  appropriated,  to  be  paid  out  of  the  treasury 
of  the  Commonwealth  from  the  ordinary  revenue,  for  the 
purpose  of  providing  for  the  cost  of  the  maintenance  and 
operation  of  the  system  of  sewage  disposal  for  the  cities 
of  Boston,  Newton  and  Waltham,  and  the  towns  of 
Watertown  and  Brookline,  known  as  the  Charles  Eiver 
Valley  System,  during  the  year  ending  on  the  thirty-first 
day  of  December  in  the  year  eighteen  hundred  and 
ninety-six. 

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

Approved  February  7,  1896. 

Chan    73     ■^^  ^^^  ^^   better  define  the   days  of  REGISTRATION  OF  VOTERS. 

Be  it  enacted.,  etc.,  as  follows: 
Registration  of        Section  1 .     When  the  last  day  for  the  registration  of 

voters.  .  ,  "^      .  ~ 

voters  before  an  election  in  any  city  or  town  falls  on  a 
holiday,  then  the  day  preceding  such  holiday  shall  be  the 
last  day  for  such  registration. 

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

Approved  February  12,  1896. 


Chap.74:. 


An  Act  to  change  the  name  of  the  clarke  institution  for 
deaf  mutes. 


Be  it  enacted,  etc.,  as  folloivs : 

Name  ciianged.  Section  1.  Tlic  nauic  of  the  corporation  now  known 
as  the  Clarke  Institution  for  Deaf  INIutes,  in  the  city  of 
Northampton,  is  hereby  changed  to  that  of  The  Clarke 
School  for  the  Deaf. 


Acts,  1896.  — Chap.  75.  49 

Section  2.     All  devises,  bequests,    conveyances  and  ^^^q^^^^'-^^^^ 
gifts  heretofore  or  hereafter  made  to  said  corporation  by 
either  of  said  names  shall  vest  in  the  corporation  of  The 
Clarke  School  for  the  Deaf. 

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

A2)2)roved  February  12,  1896. 

An  Act  making  APrROPKiAxiONS  for  deficiencies   in   appro-  (JJiaj).  75. 

PRIATIONS    FOB    CERTAIN    EXPENSES    AUTHORIZED    IN    THE   YEAR 
EIGHTEEN  HUNDRED   AND    NINETY-FIVE. 

Be  it  enacted,  etc.,  asfoUoius: 

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 
certain  expenses  in  excess  of  the  appropriations  therefor 
in  the  year  eighteen  hundred  and  ninety-tive,  to  wit :  — 

For  registration  books  and  blanks,  the    sum  of  one  Registration 
hundred  and  fifty-three  dollars  and  fifty  cents.  M&uka. 

For  contingent  expenses  of  the  state  military  and  naval  ^avarhfstorlan. 
historian,  the  sum  of  one  hundred  forty-two  dollars  and 
thirty-three  cents. 

For  expenses  of  the  railroad  commissioners,  the  sum  Railroad  com. 
of  eighty-two  dollars  and  forty-nine  cents.  "xpeMes"' 

For  reimlnirsement  to  cities  and  towns  for  money  paid  ^'filfarlid 
on  account  of  state  and  military  aid  to  Massachusetts 
volunteers  and  their  families,  the  sum  of  twenty-eight 
hundred  thirty-one  dollars  and  sixty  cents. 

For  education  of  deaf  pupils,   the  sum   of  forty-five  Education  of 
hundred  eighty-four  dollars  and  tw^elve  cents.  ^^  ^"^^  ^" 

For  expenses  in  connection  with  repairs  and  improve-  Normal  school 
ments  at  the  state  normal  school  at  Worcester,  the  sum  ^ 
of  seventy-six  hundred  sixty-seven  dollars  and  ninety- 
nine  cents. 

For   the   expenses    of    the   commissioners    on    inland  onTn"ind°°*'" 
fisheries   and   game,  the  sum  of  five  hundred   nineteen  fisheries  and 

•  •  game. 

dollars  and  thirty-nme  cents. 

For  expenses  in  the  ofiice  of  the  attorney-general,  the  Attorney- 
sum  of  eighty-five  dollars  and  seventy-nine  cents.  genera. 

For  the  purchase   of  paper  for   the    Commonwealth,  Purchase  of 
used  in  carrying  out  the  state  printing  contract,  the  sum 
of  fifty-one  hundred  ninety-eight  dollars  and  twenty-four 
cents. 

For  printing  ballots  used  in  state  and  national  elec-  Priuung,  baiiots. 


60  Acts,  1896.  — Chap.  76. 

tions,  the  sum  of  nineteen  hundred  fifteen  dollars  and 
thirty  cents. 

state  paupers  in      YoY  the  support  and  relief  of  state  paupers  in  state 

ta"B"etc.°*^*"  lunatic  hospitals  and  asylums  of  the  Commonwealth,  the 
sum  of  thirty-three  hundred  fifty-seven  dollars  and  sixty- 
four  cents. 

Industrial  YoT  currcut  expeuscs  at  the  state  industrial  school  for 

girls,  the  sum  of  four  hundred  forty-eight  dollars  and  five 
cents. 

Courts  of  in-  YoY  expcuscs  of  courts  of  insolveucv,  the  sum  of  three 

solvency.  tt-  in  -i       •    ^ 

hundred  sixty-seven  dollars  and  eighty  cents. 
Ballot  boxes.  ^oY  ballot  boxcs  for  citics  and  towns,  the  sum  of  ninety 

dollars  and  eighty-five  cents. 
Contagious  YoY  expcuscs    ill   connectiou    with  the    extermination 

diseases  among  f  , 

animals.  of  coiitagious  diseascs  among  horses,   cattle   and  other 

animals,  the  sum  of  twenty  thousand  fifty-two  dollars 

and  twenty-one  cents. 

recelvergenerai,      ^^r  incidental  and  contingent  expenses  in  the  depart- 

expenses.  meut  of  tlie  trcasurcr  and  receiver  general,  the  sum  of 

eight  hundred  seven  dollars  and  ninety-six  cents. 

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

Approved  February  12,  1896. 

CllttV'  76.  ^^  ^^'^  MAIvlNG  APPKOPRIATIONS  FOR  SALARIES  AND  EXPENSES  OF 
AGENTS,  AND  CERTAIN  OTHER  EXPENSES  OF  THE  TRUSTEES  OF 
THE   LYMAN  AND   INDUSTRIAL   SCHOOLS. 

Be  it  enacted,  etc.,  as  follows: 

Appropriations.  Section  1.  Tlic  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-six,  to  wit :  — 

d'usTr'iui''schooiB       For  salaries  and  expenses  of  such  agents  as  the  trustees 

agents.  '  of  tlic  Lymau  and  industrial  schools  may  deem  necessary 

to  employ,  a  sum  not  exceeding  five  thousand  dollars. 

^wwrlnf  °"'  I^^or  expenses  in  connection  with  boarding  out  children, 

by  the  trustees  of  the  Lyman  and  industrial  schools,  a 
sum  not  exceeding  three  thousand  dollars. 

For  travelling  and  other  necessary  expenses  of  the 
trustees  of  the  Lyman  and  industrial  schools,  a  sum  not 
exceeding  one  thousand  dollars. 

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

Approved  February  15,  1896, 


Trustees,  ex- 
penses. 


Acts,  1896.  — Chaps.  77,  78,  79.  51 


An  Act  maiong  an  appropriation  for  operating  the  north  njiajy   7'7 

METROPOLITAN   SYSTEM   OF   SEWERAGE. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  A  sum  not  exceeding  ninety-one  thou-  North  Metro- 
sand  five  hundred  dollars  is  hereby  appropriated,  to  be  of  sewerJge!"" 
paid  out  of  the  treasury  of  the  Commonwealth  from 
the  ordinary  revenue,  for  the  purpose  of  providing  for 
the  cost  of  the  maintenance  and  operation  of  the  system 
of  sewage  disposal  for  the  cities  of  Boston,  Cambridge, 
Somerville,  Maiden,  Chelsea,  Woburn,  Medford  and 
Everett,  and  the  towns  of  Stoneham,  Melrose,  Win- 
chester, Arlington  and  Belmont,  known  as  the  North 
Metropolitan  System,  during  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-six. 

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

A2:)2)roved  February  15,  1896. 

An  Act  relative  to  filing  locations  of   lands  purchased  rjjtnj)  7g 
FOR  railroad  purposes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     Locations  authorized  to  be  filed  under  the  Filing  loca- 
provisions  of  chapter  three  hundred  and  fifty-six  of  the  fo°°raiiroad  " 
acts  of  the  year  eighteen  hundred  and  ninety-five  may,  p"''p°*^^' 
in  case  of  lands  heretofore  purchased  or  acquired  for  rail- 
road purposes,  be  filed  within  one  year  from  the  passage 
of  this  act,  in  the  same  manner  and  with  like  effect  as 
provided  by  said  act. 

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

Approved  February  15,  1896. 

An  Act  to  incorporate  the  shelburne  falls  and  colrain  QJiaj)  70 

street  railway  company.  "' 

Be  it  enacted^  etc.,  as  follows: 

Section  1.     Lorenzo    Griswold,    Charles   A.    Marcy,  sheibume  Faiis 
Clifton  L.  Field,  Whiting  W.  Cary,  Edwin  Baker,  David  i?r1.^t:nway 
W.  Temple,   George  W.  Jenks,  Herbert  Newell,  Free-  pSd"^  '"'°'" 
man   L.   Davenport,    Albert  J.   Amstein,    Hugo  Mann, 
Albert   C.    Bray,    their   associates   and   successors,    are 
here])y  made  a  corporation  under  the  name  of  the  Shel- 
burne Falls  and  Colrain  Street  Railway  Company ;  with 


62  Acts,  1896.  — Chap.  79. 

all  the  powers  and  privileges  and  subject  to  all  the  duties, 
conditions  and  restrictions  set  forth  in  all  general  laws 
that  now  are  or  hereafter  may  be  in  force  relating  to 
street  railway  companies. 

^c! it8°ran way       SECTION    2.      Said   compauy   may   locate,    construct, 

in  certain  towns,  maintain  and  operate  its  railway  in  such  manner  as  may 
be  convenient  and  necessary,  in  part  upon  private  land, 
and  upon  streets,  highways  or  state  roads,  in  the  towns 
of  Buckland,  Shelburne  and  Colrain,  subject  to  the  ap- 
proval and  under  the  control  of  the  selectmen  of  the 
respective  towns,  as  provided  by  general  law,  and  subject 
also  to  the  approval  and  consent  of  the  Massachusetts 
highway  commission   as  to   any   part   of   said    railway 

Location.  located  upon  a  state  highway.     The  location  of  said  rail- 

way outside  the  public  streets  and  highways  shall  not 
exceed  fifty  feet  in  width. 

Motive  power.  Section  3.  Said  company  may  maintain  and  operate 
its  railway  by  any  approved  power  other  than  steam, 
and  may  erect  and  maintain  poles  and  wires  on  private 
lands  taken,  and,  with  the  consent  of  the  board  of  select- 
men in  the  respective  towns,  may  erect  such  poles  and 
wires  in  the  streets  and  highways  as  may  be  necessary  to 

May  acquire       establish  and  maintain  such  motive  power.     It  may  ac- 

necesaary  real  .  ,  ^-  ,^  '' 

eatate.  quirc  by  purchase  or  by  lease  all  necessary  real  estate 

for  its  power  stations  and  other  uses  incidental  to  the 
proper  maintenance  of  its  railway. 
of*p?ila°e'prop^      Section  4.     The  proceedings  for  the  fixing  of  the  route 
erty,  etc.  and  locatiou  of  said  railway  for  all  the  route  outside  of 

streets  and  highways,  and  for  the  taking  of  private  prop- 
erty, and  for  the  determination  and  payment  of  damages 
therefor,  shall  be  similar  to  those  prescribed  by  general 
law  in  relation  to  railroads,  except  as  hereinafter  other- 
wise provided ;  but  if  upon  petition  of  the  directors  and 
after  notice  and  hearing  thereon,  as  provided  in  section 
twenty-one  of  chai)ter  one  hundred  and  thirteen  of  the 
Public  Statutes,  the  selectmen  of  any  town  agree  with  the 
directors  as  to  any  proposed  extension  of  the  route  of 
said  railway  therein  which  is  in  part  located  on  private 
land,  and  the  selectmen  sign  and  give  to  the  directors  a 
certificate  setting  forth  such  route,  and  if  such  certificate, 
with  the  directors'  acceptance  thereof  in  writing,  is  re- 
corded in  the  registry  of  deeds  for  the  county  of  Frank- 
lin within  thirty  days  after  the  date  of  said  certificate  it 
shall  be  deemed  the  true  location  of  the  tracks  of  the 


Acts,  1896.  — Chap.  79.  53 

company  and  a  taking  of  the  private  lands  therein  indi- 
cated. 

Section  5.     The  capital  .stock  of  said  company  shall  capital  stock, 
not  exceed  fifty  thousand  dollars,  except  that  said  com- 
})any  may  increase  its  capital  stock,  subject  to  the  provi- 
sions of  the  general  laws  relative  thereto. 

Section  6.  Said  company,  in  order  to  meet  expenses  May  issue  mort- 
incurred  under  this  act,  may  issue  bonds  not  exceeding  ^"^^ 
the  amount  of  its  capital  stock,  and  payable  within  a 
period  not  exceeding  thirty  years  from  the  date  thereof, 
secured  l)y  mortgage  of  its  franchise  and  property,  sub- 
ject to  the  general  laws  relative  thereto  ;  and  in  such 
mortgage  may  reserve  to  its  directors  the  right  to  sell 
or  otherwise  in  due  course  of  business  to  dispose  of 
property  included  therein  which  may  become  unsuitaljle 
for  use,  provided  an  equivalent  in  value  is  substituted 
therefor. 

Section  7.     Said  company  is   hereby   authorized   to  May  carry  on 

.,  •!.  1,  jii         •  c  business  of  a 

use  its  said  tracks  to  carry  on  the  business  oi  a  common  common  carrier 
carrier  of  goods  and  merchandise  and  for  the  transporta-  '^^  ^°°*^*'  ^^°' 
tion  of  freight  upon  and  over  any  street  or  highway  or 
over  any  private  land  upon  which  it  may  be  authorized 
to  construct  its  tracks  as  aforesaid,  subject  to  the  provi- 
sions of  chapter  seventy-three  of  the  Pul)lic  Statutes  and 
of  all  laws  relating  to  common  carriers. 

Section  8.     The  towns  of  Shelburne,  Buckland  and  ^tyhoid°cIpiui 
Colrain  or  any  of  them  may  subscribe  for  and  hold  shares  sto^ij,  etc. 
of  the  capital  stock  or  the  bonds  of  said  company,  to  the 
same  amount  and  in  the  same  manner  as  prescribed  by 
general  law  in  relation  to  railroads. 

Section  9.  No  stock  or  bonds  shall  be  issued  under  issue  of  stock, 
this  act  until  the  terms  of  such  issue  have  been  sul^mitted  proved.  ^  "^ 
to  the  board  of  railroad  commissioners  and  approved  by 
them,  and  if  they  approve  such  issue  a  certificate  setting 
forth  such  approval  shall  be  executed  by  said  board  and 
filed  by  said  company  in  the  office  of  the  secretary  of  the 
Commonwealth , 

Section  10.     The  authority  herein  granted  shall  cease  Authority  to 

J, 11  ,.  •  i'  1  *"  ,.  f   l^        cease  under 

as  to  the  location  in  any  town  where  no  portion  oi  the  certain  condi- 
proposed  road  has  been  built  and  put  in  operation  at  the  '''°°*' 
end  of  five  years  from  the  passage  of  this  act. 

Section  11.     This  act  shall  take  efiect  upon  its  passage. 

Approved  February  15,  1896. 


54 


Acts,  1896.  — Chaps.  80,  81. 


ChCl'D    80     -^^  ^^^  "^^  AUTHORIZE  THE  REVERE  RUBBER  COMPANY  TO  INCREASE 


May  increase 
capital  stock. 


ITS   CAPITAL  STOCK. 

Be  it  enacted,,  etc.j  as  foUotvs : 

The  Revere  Rubber  Company  may  increase  its  capital 
stock,  in  the  manner  provided  by  law  for  the  increase  of 
the  capital  stock  of  manufacturing  corporations,  and  in 
such  amounts  as  it  may  from  time  to  time  determine  : 
provided,  that  the  whole  amount  of  its  capital  stock  shall 
not  exceed  three  million  dollars. 

Approved  February  15,  1S96. 


Chap.  81.  An  Act 


Chilmaik  pond, 
etc.,  may  be 
leased  for  culti- 
vating hsh. 


Proviso. 


Limits  of  pond, 
etc.,  may  be 
fixed. 


Commissioners 
to  have  custody 
of  leases,  etc. 


TO   AUTHORIZE    THE    COMMISSIONERS   ON  INLAND    FISHERIES 
AND  GAME  TO  LEASE  CHILMARK  POND  IN  THE  TOWN  OF  CHILMARK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioners  on  inland  fisheries  and 
game,  or  any  two  of  them,  may,  in  the  name  of  the  Com- 
monwealth, lease  for  terms  not  exceeding  twenty  years 
the  great  pond  known  as  Chilmark  pond,  in  the  town  of 
Chilmark,  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  :  p)'o- 
vided,  that  nothing  in  this  act  shall  impair  or  abridge  the 
right  of  any  citizen  of  the  Commonwealth  to  take  fish  in 
said  pond  or  the  waters  connected  therewith  by  hook  and 
line,  at  such  times  and  under  such  restrictions  and  limita- 
tions as  are  permitted  under  any  laws  of  the  Common- 
wealth now  or  hereafter  enacted  relating  to  the  taking  of 
fish  by  hook  and  line. 

Section  2.  The  commissioners  on  inland  fisheries  and 
game  may  fix  the  limits  of  said  pond,  and  the  arms,  coves 
and  bays  connected  therewith,  which  limits  being  re- 
corded in  the  registry  of  deeds  for  Dukes  County  shall 
be  taken  to  be  the  legal  limits  thereof  for  all  the  pur- 
poses of  this  act. 

Section  3.  Said  commissioners  shall  have  the  custody 
of  all  leases  made  under  the  provisions  of  this  act,  and 
may  cause  any  agreements,  rights,  reservations,  forfeit- 
ures 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, 


Acts,  1896.  — Chaps.  82,  83.  55 

and  after  revesting  the  Commonwealth  therewith  may 
again  lease  the  same. 

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

Approved  February  15^  1896. 

An  Act  authorizing  the  boston  female  asylum  to  hold  ad-  (Jhrtj)  g9 

DITIONAL  REAL  AND   PERSONAL   ESTATE. 

Be  it  enacted^  etc.,  as  folloivs : 

Section   1.     The  Boston  Female  Asylum  may  hold  Mayhoidaddi- 

"^  "^  tional  estate. 

real  and  personal    estate  to   an  amount   not   exceeding 
seven  hundred  and  fifty  thousand  dollars. 

Section  2.     So  much  of  section  one  of  chapter  forty-  certain  provi- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  three  repealed.'' 
as  relates  to  the  annual  income  which  said  corporation 
may  receive  is  hereby  repealed. 

Section  3.    This  act  shall  take  effect  upon  its  passage,  when  to  take 
but  shall  not  become  operative  until  accepted  by  vote  of 
the  corporation.  Ap2Jroved  February  15,  1S96. 


effect. 


An  Act  to  authorize  the  Gloucester  street  railway  com- 
pany TO  LEASE  THE    GLOUCESTER    AND    ROCKPORT    STREET   RAIL- 


Chaj).  83. 


Be  it  enacted,  etc.,  as  foIIoivs  : 

Section  1.     The  Gloucester  Street  Railway  Company  May  lease  fran- 
is  hereby  authorized  to  lease  the  railway,  franchise,  prop-  certain*^8treet 
erty,  rights  and  easements  of  the  Gloucester  and  Rock-  pauyfetc.""" 
port  Street  Railway  Company ;    and  the  Gloucester  and 
Rockport  Street  Railway  Company  is  herel)y  authorized 
to  lease  the  same  to  the  Gloucester  Street  Railway  Com- 
pany, which  latter  company  shall,  upon  such  lease  and 
in  accordance  with  the  terms  thereof,  have  and  enjoy  the 
powers   and   privileges,  and)  be    subject   to   the  duties, 
liabilities    and    restrictions   of  the    said  Gloucester  and 
Rockport  Street  Railway  Company :  jwovided,  however.  Proviso. 
that  no   such  lease   shall  be  valid  or  binding  until  the 
terms  thereof  have  been  agreed  to  by  a  majority  of  the 
directors  of  each  of  said  companies,  and  by  a  majority 
in  interest  of  their  respective  stockholders  at  meetings 
duly  called  for  the  purpose,  and  approved  by  the  board 
of  railroad  commissioners  in  the  manner  provided  by 
law. 

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

Approved  February  15, 1896. 


56 


Acts,  1896.  — Chap.  84. 


pany  incorpo 
rated. 


buildings,  etc. 


QllCLT)'  84.   ^^  ^'^'^  "^^  INCORPORATE  THE  SPRINGFIELD  CITY  MARKET  COMPANY. 

Be  it  enacted,  etc.,  as  folloivs: 

Kft^com^"^  Section  1.  Daniel  B.  Wesson,  Elisha  Morgan,  Charles 
H.  Parsons,  Warren  D.  Kinsman,  Alfred  N.  Mayo,  John 
S.  Sanderson,  Orlando  M.  Baker  and  Robert  A.  Knight, 
their  associates  and  successors,  are  hereby  made  a  corpo- 
ration by  the  name  of  the  Springfield  City  Market  Com- 
pany, subject  to  the  provisions  of  chapter  one  hundred 
and  five  of  the  Public  Statutes  and  to  all  general  corpo- 
ration laws  which  now  are  or  hereafter  may  be  in  force 
relating  to  such  corporations,  and  shall  have  the  powers 
and  be  subject  to  the  liabilities  and  restrictions  therein 
prescribed, 
^r  cenai'n  real  SECTION  2.  Said  corporatiou  may  purchase  and  bold 
estate,  erect  real  cstatc  situatcd  in  Springfield  within  the  limits  of  the 
tract  bounded  by  D wight.  Bridge,  Hillman  and  Barnes 
streets,  and  may  sell,  mortgage,  let,  lease  and  improve 
the  same,  and  may  erect  buildings  and  structures  thereon, 
to  be  used  as  a  market  and  for  such  other  purposes  as 
may  be  deemed  necessaiy  and  expedient. 

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

Section  4.  Said  corporation  may  from  time  to  time 
increase  its  capital  stock  in  amounts  not  to  exceed  in  the 
aggregate  the  further  sum  of  one  hundred  and  forty 
thousand  dollars  :  provided,  that  no  shares  in  such  in<= 
creased  capital  stock  shall  be  issued  for  a  less  sum  to  be 
actually  paid  in  on  each  share  in  cash  or  property  than 
the  par  value  thereof,  which  shall  not  be  less  than  one 
hundred  dollars,  the  value  of  said  property  to  be  deter- 
mined as  aforesaid ;  and  j^^'ovided,  also,  that  a  certificate 
stating  the  amount  of  any  such  increase  shall  within  ten 
days  thereafter  be  made,  signed  and  sworn  to  by  its 
president  and  treasurer  and  a  majority  of  its  directors, 
and  be  filed  in  the  office  of  the  secretary  of  the  Common- 
wealth. 

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

Approved  February  13,  1896. 


Capital  stock. 


Proviso. 


May  increase 
capital  stock. 


Provisos. 


Acts,  1896.  — Chaps.  85,  86,  87.  57 


An  Act  making  an  appropriation  for  operating  the  nepon-  QJiap.  85. 

SET  river  valley  SYSTEM   OF   SEWAGE  DISPOSAL. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  A  sum  not  exceeding  twenty-five  hundred  ^^^[;°y°^fg,'"^'rif'' 
dollars  is  hereby  appropriated,  to  be  paid  out  of  the  treas-  of^sewage  dis- 
ury  of  the  Commonwealth  from  the  ordinary  revenue,  for 
the  cost  of  the  maintenance  and  operation  of  the  Neponset 
river  valley  system  of  sewage  disposal,  during  the  year 
ending  on  the  thirty-first  day  of  December  in  the  year 
eighteen  hundred  and  ninety-six. 

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

Approved  February  13,  1896. 

An   Act   relative   to   the   printing   of  the  reports  of  the  QJidrp^  gg^ 

CIVIL   SERVICE   commission. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  seven  of  chapter  three  hundred  and  ninety-three  i894, 393.  §  7, 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four  '""*'° 
is  hereby  amended  by  striking  out  the  words  "Report 
of  the  civil  service  commission,  seven  thousand  copies", 
and  inserting  in  place  thereof  the  words  :  —  Report  of 
the  civil  service  commission,  ten  thousand  copies. 

App7-oved  February  15,  1896. 

An  Act  making  an  appropriation  for  the  payment  of  cer-  CiJ^ffj^  87 

TAIN    expenses    IN    CONNECTION    WITH   THE   PROTECTION   OF   THE 
PURITY   OF  INLAND   WATERS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  sum  hereinafter  mentioned  is  appro-  Appropriation. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  payment  of 
certain  expenses  in  connection  with  the  protection  of  the 
purity  of  inland  waters,  during  the  year  ending  on  the 
thirty-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For   services   of    engineers,   chemists,   bioloo-ists   and  Punty  of  inland 

~  '  '  ~  waters,  ex- 

other  assistants,  and  for  other  expenses  made  necessary  penses. 
and  authorized  by  chapter  three  hundred  and  seventy-five 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 
a  sum  not  exceeding  thirty  thousand  dollars. 

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

Ajjproved  February  15,  1896. 


58  Acts,  1896.  — Chaps.  88,  89,  90. 


ChaV.  88.  ^^  ^^^  MAKING  APPROPRIATIONS  FOR  THE  SALARIES   AND  EXPENSES 
OF  THE  STATE  MILITARY   AND   NAVAL   HISTORIAN. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Appropriations.  Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  1)6  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-six,  to  wit :  — 

^^iafhUorlan.  ^o^'  *^^^  salaiy  of  the  state  military  and  naval  historian, 
eight  hundred  and  thirty-three  dollars  and  thirty-three 
cents. 

ExpenseB.  ^qy  neccssaiy  expenses,  including  postage,  stationery, 

travelling  expenses,  ofiice  hire  and  clerical  assistance,  a 
sum  not  exceeding  seven  hundred  and  fifty  dollars. 

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

Approved  February  15,  1896. 


GJldp.  89.  An   Act  to    authorize   the  city  op  chicopee   to  make  an 

ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows : 
wite?slppiy'*'  Section  1.  The  city  of  Chicopee,  for  the  purposes 
1896"''^*'*°^  mentioned  in  chapter  three  hundred  and  eighty-four  of 
the  acts  of  the  j'car  eighteen  hundred  and  ninety-two,  is 
hereby  authorized  to  issue  notes,  bonds  or  scrip,  to  be 
denominated  on  the  face  thereof,  Chicopee  Public  Water 
Supply  Loan,  Act  of  1896,  to  an  amount  not  exceeding 
forty-five  thousand  dollars  in  addition  to  the  amounts 
heretofore  authorized  by  law  to  be  issued  by  said  city  for 
the  same  purposes ;  said  notes,  bonds  or  scrip  to  be 
issued  upon  the  same  terms  and  conditions  and  with  the 
same  powers  as  are  provided  in  said  chapter  three  hun- 
dred and  eighty-four  for  the  issue  of  the  Chicopee  public 
water  supply  loan  by  said  city. 

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

A2)proved  February  15,  1896. 

Chap.  90.  An  Act  to  authorize  the  Berkshire  cotton  manufacturing 

COMPANY  TO  increase  ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  folloivs: 

faplterstock.  Section  1.     The     Berkshire    Cotton     Manufacturing 

Company  may  increase  its  capital  stock,  in  the  manner 


Acts,  1896.  — Chaps.  91,  92.  59 

provided  by  law  for  the  increase  of  capital  stock  of  man- 
ufacturing corporations,  and  in  such  amounts  as  it  may 
from  time  to  time  determine  :  p^vvided,  that  the  whole  Proviso, 
amount  of  its  capital  stock  shall  not  exceed  two  million 
dollars. 

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

Approved  Fehnmry  15,  1896. 

An  Act  to  AUTiioinzE  the;  first  unitarian  church  in  peabody  Qfidiy,  91, 

TO    ENLARGE    ITS    MEMBERSHIP    AND    TO    MAKE   SUCH   BY-EAWS   AS 
IT   COULD  MAKE  IF   ORGANIZED   UNDER   THE   GENERAL  LAWS. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1.  The  First  Unitarian  Church  in  Peabody,  May  make  addi. 
originally  known  as  the  First  Unitarian  Church  in  Dan-  '°°^  ^  ''"^*' 
vers,  may,  notwithstanding  anything  in  its  charter  con- 
tained, make  from  time  to  time  by-laws  providing  for  the 
enlargement  of  its  membership,  so  as  to  include  the  pastor 
of  the  society  and  occupants  of  pews,  who  shall,  while 
members  of  said  corporation,  have  the  same  rights  and 
powers  and  be  subject  to  the  same  liabilities  as  the  present 
members  of  said  corporation ;  and  said  corporation  may 
also  from  time  to  time  make  such  by-laws  concerning 
other  matters  as  it  could  make  if  organized  under  the 
general  laws  relating  to  like  corporations. 

Section  2 .     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  said  corporation  at  a  legal  meeting  called  for  the  * 
purpose.  Approved  February  15,  1896. 

An  Act  making  an  appropriation  for  the  expenses  of  the  /^^^,^  oo 

BOARD   of    commissioners    FOR   THE    PROMOTION    OF    UNIFORMITY  -^      ^ 

of  LEGISLATION   IN  THE  UNITED   STATES. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     A   sum   not   exceeding   sixteen  hundred  commissionerB 

t     ^^  1        •    ^  j^  j        •        i  ^  for  promotion 

seven  dollars  and  eighty-seven   cents  is    hereby  appro-  of  uniformity 
priated,  to  be  paid  out  of  the  treasury  of  the  Common-  °n{h?uuHed 
wealth  from  the  ordinary  revenue,  being  the  unexpended  peS,*'^" 
balance  of  the   amount  of  twenty-five  hundred  dollars 
authorized  in  section  five  of  chapter  four  hundred  and 
five  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one  for  expenses  of  the  board  of  commissioners  for  the 
promotion   of  uniformity   of  legislation   in   the   United 
States. 

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

Ajyproved  February  15,  1896. 


60  Acts,  1896.  — Chaps.  93,  94,  95. 


ChaD    93     ^'^    ^^"^    '^^    AUTHORIZE    THE    PARK   COMMISSIONERS   OF  THE   TOWN 
"'  OF    SWAMPSCOTT    TO    ERECT    CERTAIN    STRUCTURES   FOR   BOATING, 

BATHING  AND   FISHING   PURPOSES. 

Be  it  enacted^  etc.,  as  follows: 
Certa|jj^[^j8tric-       SECTION  1.     The  restrictions  contained  in  section  ten 
apply-  of  chapter  one  hundred  and  iifty-four  of  the  acts  of  the 

year  eighteen  hundred  and  eighty-two  shall  not  apply  to 
structures  erected  for  boating,  bathing  and  fishing  pur- 
poses by  the  park  commissioners  of  the  town  of  Swamp- 
scott,  by  authority  of  said  town,  on  beaches  acquired  or 
to  be  acquired  by  the  town. 

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

Approved  February  15,  1896. 

ChaV'  94.  "^^  ^^"^  ^^  AUTHORIZE  THE  TREMONT  AND  SUFFOLK  MILLS  TO 
ENGAGE  IN  BUSLNESS  BEYOND  THE  LIMITS  OF  THE  COMMON- 
WEALTH,  AND   TO   INCREASE   ITS   CAPITAL  STOCK. 

Be  it  enacted,  etc.,  asfolloios: 
May  engage  in        Section  1 .     The  Tremont  and  Suffolk  Mills  is  hereby 

business  beyond 
the  limits  of  the 
Commonwealth. 


business  oeyona  ■,         .        ■,  l^        ^         •  f  i-  li- 

the limits  of  the  authorized  to  carry  on  the  business  ot  purchasing,  selling 

and  manufacturing  cotton,  or  any  other  fibre  or  any  prod- 
uct 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  business. 
fapitiistocr.  Section  2.     The  Tremont  and  Suffolk  Mills  is  hereby 

authorized  to  increase  its  capital  stock  to  an  amount  not 
exceeding  three  million  dollars. 

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

Approved  February  15,  1896. 

ChaV    95     ■^'^   ^^'^   PROVIDING   FOR   THE   REMOVAL    OF    THE    REMAINS    OF    THE 
DEAD   FROM   THE   OLD   BURIAL   GROUND   IN   MELROSE. 

Be  it  enacted,  etc. ,  as  foUoios  : 

^raai'nsTf'dead,      Section  1.     The   towH    of  Mclrosc  may  remove  the 
etc.  '  remains  of  the  dead  and  the  monuments  erected  to  their 

memory  from  the  old  burial  ground  on  Main  street  in 
said  town  to  the  present  Wyoming  Cemetery  in  said  town, 
and  may  make  use  of  said  old  burial  ground  for  any  pub- 
lic purpose. 


Acts,  1896.  — Chaps.  96,  97.  61 

Section  2.  Said  town  shall  fix  a  time  for  the  removal  JubUsh'^oUce!^ 
of  said  remains  and  monuments,  and  shall  publish  notice 
thereof  once  each  week  for  three  successive  weeks  in  some 
newspaper  published  in  said  town,  the  last  publication 
thereof  to  be  at  least  seven  days  before  the  time  fixed  for 
said  removal. 

Section  3.     Upon  a  request  in  writins;  by  any  relative  interment,  etc., 

n  •         1        n  1  •  '"'ii'^  1      in  certain  cases. 

or  iriend  oi  a  person  wiiose  remains  are  to  be  removed, 
said  remains  shall  be  interred  and  said  monuments  erected 
in  any  other  cemetery,  said  relatives  or  friends  first  pay- 
ing the  expenses  of  the  removal  and  interment. 

Section  4.     The  town  of  Melrose,  at  any  legal  town  Town  may 
meeting  called  for  the  purpose,  may  raise  and  appro-  cirtatn "um.* 
priate  for  the  purposes  of  this  act  a  sum  not  exceeding- 
one  thousand  dollars. 

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

Approved  .February  15,  1896. 

An  Act  to  authorize  certain  charitable,  educational  and  (Jhnryy  Og 

OTHER  CORPORATIONS  TO  HOLD  ADDITIONAL  REAL  AND  PERSONAL 
ESTATE. 

Be  it  enacted^  etc.^  as  foUoivs  : 

Section  1.     Any  corporation  heretofore  chartered  by  certain  corpora. 

jii.!,  n  Vji  j  '  -X    '  tions  may  hold 

the  legislature  tor  any  oi  the  purposes  mentioned  in  sec-  additional 
tion  two  of  chapter  one  hundred  and  fifteen  of  the  Public  ^**^'^' 
Statutes  may  hold  real  and  personal  estate  to  the  amount 
of  not  more  than  five  hundred  thousand  dollars,  for  the 
purposes  set  forth  in  its  charter. 

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

Approved  February  15,  1896. 

An  Act  to  require  the  county  COMAHSSIONERS  for  the  county   QJinr)    97 
OF    ESSEX    to    relocate    AND   RECONSTRUCT   THE  DRAW  IN    THE 
ESSEX   BRIDGE   BETWEEN   THE  CITIES  OF   SALEM   AND   BEVERLY. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  county  commissioners  for  the  county  May  recon- 
of  Essex  shall,  as  soon  as  may  be  after  the  passage  of  di^aw  in*" Essex 
this  act,  relocate  and  reconstruct,  of  a  width,  in  the  open,  ^"''^''' *'*<'• 
of  not  less  than  forty  feet,  subject  to  the  approval  of  the 
board  of  harbor  and  land  commissioners,  the  draw  in  the 
Essex  bridge,  which  crosses  navigable  water  between  the 
city  of  Salem  and  the  city  of  Beverly,   including  suit- 


62 


Acts,  1896.  — Chap.  98. 


able  pier  approaches  thereto  ;  and  the  said  county  com- 
missioners may  borrow  on  the  credit  of  the  county  such 
sums  of  money  as  may  be  necessary  to  comply  with  the 
provisions  of  this  act. 

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

Ap2)i'oved  February  15,  1896. 


Chap,  98.  An  Act   to 


INCORPORATE     THE     GARDNER     HOME     FOR     ELDERLY 
PEOPLE. 


The  Gardner 
Home  for 
Elderly  People 
incorporated. 


May  take  and 
hold  certain 
property,  etc. 


Meraberehip. 


Officers. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Arthur  P.  Derl)y,  Euclid  L.  Brooks,  Alec 
E.  Knowlton,  Henry  Heywood,  George  H.  Heywood, 
Charles  W.  Conant,  Frank  J.  Pierce,  Charles  O.  Bent, 
Edward  H.  Sawin,  Charles  L.  Leland,  Harlin  P.  Upham, 
Charles  E.  Whitney,  George  E.  Lowe,  James  A.  Stiles, 
Pamelia  A.  Adams,  Edward  P.  Noyes  and  Guy  W.  Gar- 
land, are  hereby  made  a  corporation  by  the  name  of  The 
Gardner  Home  for  Elderly  People ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  the  general  laws  which  now  are 
or  may  hereafter  be  in  force  applicable  to  such  corpora- 
tions. 

Section  2.  Said  corporation  shall  have  the  power  to 
take  and  hold  the  property,  personal  and  real,  given  by 
Augustus  Knowlton,  late  of  Gardner,  deceased,  by  his 
last  will  and  testament,  for  the  purpose  of  establishing  in 
Gardner  a  home  for  protestant  aged  men  and  women,  and 
shall  hold  and  administer  said  estate  for  the  charitable 
uses  mentioned  in  said  will. 

Section  3.  The  corporation  shall  consist  of  the  per- 
sons named  in  this  act ;  of  all  persons  who  have  been  or 
may  be  directors ;  of  such  persons  as  shall  give  to  the 
corporation,  at  any  one  time,  one  hundred  dollars  or  up- 
wards, or  who  at  any  meeting  of  the  corporation  may  be 
elected  members  by  l^allot. 

Section  4.  The  officers  of  the  corporation  shall  con- 
sist of  a  president,  two  vice-presidents,  a  treasurer  and  a 
secretary,  who,  with  ten  other  members  of  the  corpora- 
tion, shall  constitute  a  board  of  directors.  The  directors 
and  the  other  officers  of  the  corporation  shall  be  chosen 
by  ballot  at  each  annual  meeting  and  shall  hold  office  for 
one  year  and  until  others  are  chosen  and  qualified  in 
their  stead. 


Acts,  1896.  — Chap.  98.  63 

Section  5.  The  treasurer  shall  give  bonds  with  sure-  Treasurer  to 
ties  for  the  faithful  discharge  of  his  duties,  in  such  sum  ^^^  °°  ^'^*^' 
as  the  directors  may  require,  and  he  shall  have  the  cus- 
tody of  all  moneys,  bonds,  deeds,  notes  and  securities  of 
the  corporation  [except  his  own  bond],  which  he  shall 
keep,  manage  and  invest  under  the  direction  and  control 
of  the  board  of  directors,  or  their  committee  appointed 
for  the  purpose,  and  he  shall  pay  no  money  except  upon 
the  order  of  the  board  of  directors  or  of  their  committee 
duly  authorized. 

Section  6.  The  directors  shall  have  entire  charge  of  ^j^^J^^^^^^ 
the  home,  of  the  general  business  and  property  of  the  cor-  duties. 
poration,  and  of  the  admission  and  discharge  of  inmates. 
They  may  perform  the  duties  required  of  them  by  com- 
mittees chosen  from  their  number,  and  during  the  inter- 
vals of  their  meetings  may  act  by  an  executive  committee. 
They  shall  have  the  i)ower  to  enter  into  and  bind  the  cor- 
poration by  such  contracts  as  they  may  deem  advanta- 
geous. They  may  appoint  all  necessary  oiBcers,  assistants 
and  servants  for  the  care  of  the  home  and  beneficiaries, 
with  such  salaries  and  allowances  as  they  may  from  time 
to  time  determine,  may  remove  the  same  at  pleasure, 
may  make  all  rules  and  regulations,  not  repugnant  to  the 
will  of  Augustus  Knowlton  or  to  the  laws  of  this  Com- 
mon wealth,  for  their  own  government  and  for  the  govern- 
ment of  such  ofiicers,  assistants  and  servants,  for  the 
admission,  acceptance,  discharge,  removal,  control  and 
care  of  inmates,  and  for  the  well  ordering  and  conducting 
of  the  respective  departments,  as  to  them  shall  seem 
proper  and  expedient ;  and  the  same  may  be  altered  or 
amended  by  the  corporation  at  its  annual  meeting,  or  at 
any  legal  meeting  specially  called  for  that  purpose.  They 
shall  manage,  invest  and  dispose  of  the  property  of  the 
corporation,  and  shall  receive  and  collect  donations  and 
l)eque8ts,  but  no  sale  or  transfer  of  any  property  and  no 
payment  from  the  treasury  shall  be  made  without  their 
order,  or  that  of  a  committee  duly  authorized  by  them. 

Section  7.     The  secretary  shall  notify  and  attend  all  secretary. 
meetings  of  the  corporation,  of  the  directors  and  execu- 
tive committee,  and  shall  keep  a  record  of  the  doings  of 
each. 

Section  8.     Said  corporation  may  hold  real  estate  to  corporation 
the  value  of  fifty  thousand  dollars,  and  personal  property  State "etc.'^*'*' 
to  the  value  of  two  hundred  thousand  dollars. 


64  Acts,  1896.  — Chaps.  99,  100,  101. 

bert'toVelun""      SECTION  9.     All  interest  of  any  member  of  said  cor- 
corporaiion.       poration  in  its  property  shall  terminate  and  vest  in  the 
corporation  upon  his  ceasing  to  be  a  member  thereof,  by 
death,  resignation,  expulsion  or  otherwise. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Ajjprooed  February  19,  1896. 


QJiap.  99.  An  Act  relative  to  the  title   op  the   second  society   of 

UNIVERSALISTS  IN  THE  TOWN   OF  BOSTON  TO  CERTAIN  PROPERTY. 

He  it  enacted,  etc. ,  as  folloivs  : 

Jstate*noTtTbe  The  title  of  the  Second  Society  of  Universalists  in  the 
town  of  Boston  to  the  estate  on  School  street  in  the  city 
of  Boston,  conveyed  to  it  by  a  deed  from  James  M. 
Jacobs  and  John  K.  Deane,  dated  the  first  day  of  January 
in  the  year  eighteen  hundred  and  seventy-nine  and  re- 
corded in  the  registry  of  deeds  for  Suffolk  county,  libro 
fourteen  hundred  and  forty-five,  page  sixty-eight,  ehall 
not  be  invalid  by  reason  of  anything  contained  in  section 
two  of  chapter  ninety-six  of  the  acts  of  the  year  eighteen 
hundred  and  sixteen,  entitled,  "An  act  to  incorporate 
the  Second  Society  of  Universalists  in  Boston." 

Approved  February  19,  1896. 


invalid. 


O^ttW.lOO  An  Act  authorizing  the  board  of  street  commissioners  of 

BOSTON  to  accept  ABERDEEN  STREET  AT  A  WIDTH  OF  FORTY 
FEET. 

Be  it  enacted,  etc.,  as  folloivs: 

marte  Hccepte^d      Section  1 .     The  board  of  street  commissioners  of  the 
as  a  public         (jj^y  Qf  Bostoii  may  lay  out  and  accept  as  a  public  liigh- 

highway.  etc.  -T  •  i^i        •^/.    /    +       ^      x      xi        ^   +         x      ^  *^ 

way,  at  a  width  ot  forty  feet,  the  street  or  way  now 
known  as  Aberdeen  street,  in  ward  twenty-two  of  said 
city. 

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

Approved  February  19,  1896. 


ChCin.lOl.   ^^   ^^'^  "^^   EXTEND    THE    CHARTER  OF     THE   GLADES   ASSOCIATION. 

Be  it  enacted,  etc. ,  as  follows : 

eitended.  Section  1.     The  Gladcs  Association  shall  be  and  re- 

main a  body  corporate  for  the  period  of  ten  years  after  the 
expiration  of  its  present  charter,  subject  to  the  provisions 


Acts,  1896.  — Chap.  102.  65 

of  all  laws  which  now  are  or  hereafter  may  be  in  force  re- 
lating to  such  corporations. 

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

Approved  February  19,  1S96. 


An  Act  concerning  fraternal  beneficiary  organizations.     CJiaj)  10*^ 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Section  sixteen  of  chapter  three  hundred  ^^^^^^^^^'^  ^'^• 
and  sixty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  amended  by  striking  out  in  the 
twenty-third  line,  the  words  "re-incorporate  under",  and 
inserting  in  place  thereof  the  words  :  —  adopt  the  provi- 
sions of,  —  so  that  said  section  shall  read  as  follows  :  — 
Section  16.  Any  fraternal  beneficiary  corporation  exist- certain  existing 
ing  under  the  laws  of  this  Commonwealth,  and  now  may  re  incorpo- 
eno;ao;ed  in  transacting  business  as  herein  defined,  mav  ^^ "'  ^  '^' 
re-incorporate  under  the  provisions  of  this  act :  provided,  Pro^'so. 
that  nothing  in  this  act  contained  shall  be  construed  as 
requiring  or  making  it  obligatory  upon  any  such  corpora- 
tion to  re-incorporate ;  and  any  such  corporation  may 
continue  to  exercise  all  rights,  powers  and  privileges  con- 
ferred by  this  act  or  its  articles  of  incorporation  not  incon- 
sistent herewith,  and  shall  be  subject  to  the  requirements 
and  penalties  of  this  act  the  same  as  if  re-incorporated 
hereunder.  No  charter  granted  under  the  provisions  of 
this  act  shall  continue  valid  after  one  year  from  the  date 
of  such  charter  unless  the  organization  has  been  completed 
and  business  begun  thereunder.  All  charters  heretofore 
granted  under  chapter  four  hundred  and  twenty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  and 
acta  amendatory  thereof,  and  all  charters  hereafter  granted 
under  this  act,  shall  become  invalid  and  of  no  force  if  no 
business  thereunder  shall  be  transacted  for  a  period  of 
twelve  months.  Any  such  corporation  having  three  thou- 
sand or  more  members  may,  with  the  approval  of  the  in- 
surance commissioner,  adopt  the  provisions  of  chapter  four 
hundred  and  twenty-one  of  the  acts  of  the  year  eighteen 
hundred  and  ninety,  and  thereafter  conduct  its  business  in 
accordance  with  the  jjrovisions  of  said  chapter. 

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

Approved  February  19,  1896. 


66 


Acts,  1896.  — Chap.  103. 


OhctT)  103  -^^  ■'^^^  '^*^  AUTHORIZE  THE  TOWN  OF  MELROSE  TO  INCUR  ADDI- 
TIONAL  INDEBTEDNESS  FOR  THE  PURPOSE  OF  CONSTRUCTING  A 
SYSTEM   OF  SEWERAGE. 


Melrose  Sewer- 
age Loan,  Act 
of  1896. 


Not  to  be 
included  in 
determining 
debt  limit. 


Payment,  etc., 
of  asseesmeDlB. 


Proviso. 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  town  of  Melrose,  for  the  purpose  of 
defraying  the  expense  of  laying,  making  and  maintaining 
a  system  of  main  drains  and  common  sewers,  is  hereby 
authorized  to  issue  from  time  to  time  as  may  be  required 
therefor,  in  addition  to  the  amount  heretofore  authorized, 
bonds,  notes  or  scrip  to  an  amount  not  exceeding  fifty 
thousand  dollars  ;  such  bonds,  notes  or  scrip  shall  bear  on 
their  face,  Melrose  Sewerage  Loan,  Act  of  1896,  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  counter- 
signed by  the  sewer  commissioners  of  said  town.  Said 
town  may  sell  such  securities  or  any  part  thereof  from 
time  to  time  at  public  or  private  sale ;  but  none  of  said 
bonds,  notes  or  scrip  shall  be  issued  or  sold  except  in  com- 
pliance with  the  vote  of  said  town,  nor  for  less  than  the 
par  value  thereof. 

Section  2.  The  said  bonds,  together  with  those  here- 
tofore issued  for  the  purpose  of  laying,  making  and  main- 
taining a  system  of  main  drains  and  common  sewers,  shall 
not  be  included  or  reckoned  in  determining  the  authorized 
limit  of  indebtedness  of  the  town  of  Melrose. 

Section  3.  The  board  of  sewer  commissioners  of  said 
town,  upon  the  completion  of  such  sewer  system  as  said 
town  may  adopt,  or  any  section  thereof,  shall  levy  an 
assessment  upon  the  owners  of  the  estates  benefited  thereby, 
and  shall  transmit  to  the  collector  of  taxes  of  said  town  a 
list  of  persons  assessed,  together  with  the  amount  due  from 
each.  Every  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 
such  assessment  may  apportion  the  payment  as  provided 
in  section  three  of  chapter  three  hundred  and  twenty-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four. 
The  collector  shall  serve  upon  the  person  assessed,  or  upon 
any  person  occupying  or  having  charge  of  the  estate  upon 
which  the  assessment  is  made,  a  notice  stating  the  amount 


Acts,  1896.  — Chap.  103.  67 

due  and  the  time  when  the  same  is  payable ;  such  notice 
placed  in  the  mail,  postage  prepaid,  addressed  to  the 
owner,  occupant  or  person  having  charge  of  the  estate 
assessed,  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. 
Said  assessment  shall  not  be  invalid  by  reason  of  any  mis- 
take in  the  name  of  the  owner  of  the  real  estate  to  be 
assessed,  notice  of  such  assessment  having  been  given  as 
aforesaid. 

Section  4.     Assessments   so  made  shall  constitute  a  AssesBments  to 
lien  on  the  estates  included  in  the  fixed  depth  determined  on  estates,  etc. 
by  the  said  town  under  the  provisions  of  section  seven  of 
chapter  fifty  of  the  Public  Statutes,  for  two  years  after  the 
same  are  made  and  committed  to  the  collector  for  collec- 
tion, or  in  case  of  apportionment,  for  two  years  after  the 
last  instalment  is  due,  and  may,  with  incidental  costs  and 
expenses,  be  levied  by  sales  of  such  estate  if  the  assess- 
ment is  not  paid  within  three  months  after  the  date  of 
notice  from  said  collector  that  the  list  has  been  transmitted 
to  the  collector,  or  in  case  of  apportionment,  within  three 
months  after  each  assessment  is  payable  ;  such  sales  to  be 
conducted  and  the  owners  of  such  estates  to  have  the  same 
right  to  redeem  as  in  cases  of  sales  for  the  non-payment 
of  taxes.      Such  assessments  may  also  be  collected  by 
action  of  contract  brought  at  any  time  within  six  years 
after  the  same  may  be  due.     Any  person  aggrieved  by  persons 
such  assessment  may  apply  to  the  board  having  charge  of  ap|Iy*^for  a"bat^e. 
such  assessment  for  an  abatement  of  the  same,  and  may  '"'^°'- 
appeal  from  the  decision  of  said  board  in  the  manner  now 
provided  by  law  for  appeals  from  assessments  for  con- 
struction of  sewers. 

Section  5.  Section  two  of  chapter  three  hundred  and  ^^e'^ded  ^^' 
twenty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  striking  out  the  words 
"assessments  and",  so  that  the  town  of  Melrose  may  ex- 
pend all  moneys  received  from  assessing  upon  real  estate 
any  part  of  the  cost  of  laying,  making,  maintaining  and 
repairing  common  sewers,  in  defraying  the  expense  of 
laying,  making  and  maintaining  a  system  of  main  drains 
and  common  sewers  in  the  town  of  Melrose. 

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

Approved  February  20,  1S9G. 


68 


Acts,  1896.  — Chap.  104. 


Char)  104  -^^      ^^^      MAKING      APPROPRIATIONS      FOR     SUNDRY      CHAKITABLE 
"'  EXPENSES. 

Be  it  enacted,  etc.,  as  follows  : 
AppropriatioDB.  SECTION  1.  The  sums  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes  specitied, 
to  meet  expenses  for  the  year  ending  on  the  thirty-first 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 
six,  to  wit :  — 


Board  of  lunacy 
and  charity. 


Indoor  poor. 


Outdoor  poor. 


Inspector  of 
institutions. 


Auxiliary 

Tisitors. 


STATE  BOARD  OF  LUNACY  AND  CHARITY. 

For  expenses  of  the  state  board  of  lunacy  and  charity, 
including  travelling  and  other  necessary  expenses  of  mem- 
bers, and  salary  and  expenses  of  the  clerk  and  auditor  of 
said  board,  a  sum  not  exceeding  five  thousand  dollars. 

For  salaries  and  expenses  in  the  department  of  the  indoor 
poor,  a  sum  not  exceeding  forty  thousand  dollars. 

For  salaries  and  expenses  in  the  department  of  the  out- 
door poor,  a  sum  not  exceeding  twenty-four  thousand  three 
hundred  dollars. 

For  salaries  and  expenses  in  the  department  of  the 
inspector  of  institutions,  a  sum  not  exceeding  twelve  thou- 
sand dollars. 

For  travelling  and  other  necessary  expenses  of  the 
auxiliary  visitors  of  the  state  board  of  lunacy  and  charity, 
a  sum  not  exceedino;  fifteen  hundred  dollars. 


Transportation 
of  state  paupers. 


State  lunatic 
paupers. 


Maintenance  of 
insane  paupers 
by  certain 
towns. 


MISCELLANEOUS    CHARITABLE. 

For  transportation  of  state  paupers,  a  sum  not  exceed- 
ing twenty  thousand  dollars. 

For  the  support  and  relief  of  state  paupers  in  state  lunatic 
hospitals  and  asylums  of  the  Commonwealth,  and  of  state 
lunatic  paupers  boarded  out  in  families,  for  the  present 
and  previous  years,  a  sum  not  exceeding  one  hundred  and 
ninety  thousand  dollars. 

The  reimbursement  of  expenses  incurred  by  certain 
towns  in  the  maintenance  of  the  insane,  as  provided  for  by 
chapter  two  hundred  and  forty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-two,  shall  be  paid  from  the 
appropriation  for  the  support  of  state  lunatic  paupers,  and 
any  unpaid  bills  of  previous  years  may  be  paid  from  the 
appropriation  of  the  present  year. 


Acts,  1896.  — Chap.  105.  69 

For  expenses  attendino;  the  manas-ement  of  cases  of  set-  cases  of 

J^-,~  ~-.  ,  -   settlement  and 

tlement  and  bastardy,  a  sum  not  exceeding  one  thousand  bastardy. 
dollars. 

For  the  care  and  maintenance  of  indigent  and  neo;lected  indigent  and 

.  ~  o  neglected 

children  and  juvenile  offenders,  to  include  expenses  m  con-  children,  etc. 
nection  with  the  same,  a  sum  not  exceeding  eighty  thou- 
sand dollars. 

For  the  support  of  state  paupers  in  the  Massachusetts  support  of 
School   for  the  Feeble-minded  and  the  Hospital  Cottages  paupers. 
for  Children,    at  Baldwinville,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  the  support  of  sick  state  paupers  by  cities  and  towns,  sick  state 
for  the   present  and  previous  years,  the  same  to  include 
cases  of  wife  settlement,  a  sum  not  exceeding  sixty-five 
thousand  dollars. 

For  the  burial  of  state  paupers  by  cities  and  towns,  for  Buriai  of  state 
the  present  and  previous  years,  a  sum  not  exceeding  ten  p^'^p^'^*- 
thousand  dollars. 

For  temporary  aid  for  state  paupers  and  shipwrecked  Temporary  aid. 
seamen  by  cities  and  towns,  for  the  present  and  previous 
years,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  the  support  and  transportation  of  unsettled  pauper  Pauper  infants. 
infants  in  this  Commonwealth,  including  infants  in  infant 
asylums,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For   expenses  in  connection  with  smallpox  and  .other  Dangerous 
diseases   dangerous  to  the  public  health,  for  the  present 
and  previous  years,  a  sum  not  exceeding  three  thousand 
dollars. 

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

Approved  February  25,  1896. 


An  Act  to   authorize   the   Greenfield  and   turners    falls  (7Aa».105 

STREET  RAILWAY  COMPANY  TO  PURCHASE  THE  PROPERTY  OF  THE 
MONTAGUE  STREET  RAILW'AY  COMPANY,  TO  INCREASE  ITS  CAPITAL 
STOCK  AND  TO  ISSUE  BONDS. 

Be  it  enacted,  etc. ,  as  folloics  : 

Section   1.     The  Greenfield  and  Turners  Falls  Street  May  purchase 
Kail  way  Company  is  hereby  authorized  to  purchase  and  of  Montague 
pay  for  the  rights,  franchise  and  property  of  the  Montague  CooTpany.^*^ 
Street  Railway  Company,  and  said  Montague  Street  Eail- 
way   Company   is  hereby  authorized  to   sell,  convey  and 
assign  its  franchise  and  property,  and  all  the  rights,  ease- 
ments, privileges,  locations  and  powers  granted  or  in  any 


70 


Acts,  1896.  — Chap.  106. 


Proviso. 


May  increase 
capital  stock, 
issue  bonds, 
etc. 


way  belonging  to  it,  to  the  said  Greenfield  and  Turners 
Falls  Street  Railway  Company,  which  company  shall,  upon 
such  conveyance  being  made,  have  and  enjoy  all  rights, 
powers,  privileges,  locations,  easements,  franchises  and 
property  which  heretofore  belonged  to  or  were  in  any  way 
owned  by  the  said  Montague  Street  Railway  Company, 
subject  to  the  duties,  lial)ilities  and  restrictions  applicable 
to  the  same  unde*"  general  laws  relating  to  street  railway 
companies:  jwovided,  however,  that  such  purchase  and  .sale 
shall  not  be  valid  unle&s  agreed  to  by  a  majority  of  the 
board  of  directors  of  each  of  said  corporations  and  by  a 
majority  in  interest  of  the  stockholders  of  each  corporation 
at  meetings  duly  called  for  that  purpose,  and  approved  by 
the  board  of  railroad  commissioners  in  the  manner  provided 
by  law. 

Section  2.  Said  corporation  may,  for  the  purpose  of 
carrying  out  the  authority  hereby  granted,  and  for  the 
purpose  of  building  or  rebuilding  its  road  over  locations 
now  or  hereafter  granted,  and  of  equipping  the  same,  by 
votes  of  a  majority  in  interest  of  its  stockholders,  at  meet- 
ings called  for  the  purpose,  increase  its  capital  stock  to 
an  amount  not  to  exceed  one  hundred  thousand  dollars, 
and  issue  bonds  not  exceeding  the  amount  of  such  capital 
stock,  secured  by  mortgage  of  the  whole  or  part  of  its 
franchise  and  property,  subject  to  the  general  laws  relative 
thereto. 

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

Approved  February  25,  1896. 


In  favor  of 
estate  of  John 
J.  Wilson. 


(7A«7).106  -A^  -^CT  TO  AUTHORIZE  THE  TOWN  OF  HABDWICK  TO  PAY  A  CER' 
TAIN  SUM  OF  MONEY  TO  THE  ADaHNISTKATOR  OF  THE  ESTATE  OF 
JOHN  J.   WILSON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Hardwick  may,  if  the  town 
so  votes  in  a  town  meeting  duly  called  for  that  purpose, 
pay  the  sum  of  one  thousand  dollars  from  the  treasury  of 
said  town  to  the  administrator  of  the  estate  of  John  J. 
Wilson,  said  Wilson  having  been  killed  by  an  accident  oc- 
curring on  one  of  the  highways  of  said  town  in  the  month 
of  December  in  the  year  eighteen  hundred  and  ninety-four. 

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

Approved  February  25, 1896. 


Acts,  1896.  — Chaps.  107,  108.  71 


An  Act  to  incorporate  the  newton  centre  savings  bank.     (JJiap.107 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Edward  H.  Mason,  Bertrand  E.  Taylor,  Newton  centre 
Frederick  H.  Hovey,  Robert  R.  Bishop,  William  M.  Flan-  inJJrloiated. 
ders,  David  H.  Andrews,  Albert  F.  Hayward,  George 
Warren,  Charles  Rufus  Brown,  Seward  AV.  Jones,  Charles 
A.  Vinal,  Charles  H.  Guild,  George  Bullen,  Frank  Ed- 
mands,  John  J.  Noble,  Arthur  Muldoon,  George  F.  Rich- 
ardson, Eugene  Fanning,  Mellen  Bray,  Isaac  R.  Stevens, 
Frank  J.  Hale,  WillianiR.  Dresser,  Dwight  Chester,  Eras- 
tus  T.  Colburn,  Harry  K.  Dresser,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  Newton  Centre  Savings  Bank,  with  authority  to  estab- 
lish and  maintain  a  savings  bank  in  that  part  of  the  city 
of  Newton  known  as  Newton  Centre  ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  savings  banks  and 
institutions  for  savings. 

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

Approved  February  25,  1896. 


Chap.lOS 


An  Act    relative    to    taxes    on    collateral   legacies    and 

successions. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  one  of  chapter  three  hundred  and  amended.^  ^' 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
live  is  hereby  amended  by  inserting  after  the  word  "ninety- 
one",  in  the  fourth  line,  the  words  :  —  and  no  distributive 
share  of  an  estate,  — and  by  inserting  after  the  word  "  be- 
quest ",  in  the  fifth  line,  the  words  :  —  or  distributive  share, 
—  so  as  to  read  as  follows  :  —  /Section  1.     No  bequest  of  a  Certain 
testator  whose  estate  is  subject  to  taxation  under  the  pro-  not  to  be' subject 
visions  of  chapter  four  hundred  and  twenty-five  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-one,  and  no  dis- 
tributive share  of  an  estate,  shall  be  subject  to  the  provi- 
sions of  said  chapter  unless  the  value  of  such  bequest  or 
distributive  share  exceeds  the  sum  of  five  hundred  dollars, 
nor  shall  bequests  to  towns  for  any  public  purpose  be  sub- 
ject to  a  tax  under  the  provisions  of  said  chapter. 

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

Approved  February  25,  1896. 


72  Acts,  1896.  — Chaps.  109,  110. 


CllClT)  109  ^^  "^^^  RELATIVE   TO   CAUCUSES   AND   WARD   COMMITTEES. 

Be  it  enacted,  etc. ,  as  folloivs : 

New  check  lists       Section  1.      The  registrars  of  voters  of  the  several 

plfred.*^'^^'       cities,  and  the  board  of  election  commissioners  of  the  city 

of  Boston,  may  prepare  from  the  check  lists  last  published 

in  the  year  eighteen  hundred  and  ninety-five,  check  lists 

containing  the  names  of  voters  in  the  new  wards  established 

in  the  year  eighteen  hundred  and  ninety-five. 

a''"r"toeIrtai'n       Section  2.     The  laws  relating  to  caucuses  shall,  in  the 

caucuses  m  city  citv  of  Bostou,  applv  to  all  caucuscs  of  a  political  partv 

of  HoBtou   etc.  ^^xi«/  1  L  %/ 

for  the  choice  of  delegates  to  any  political  convention,  or 
of  members  of  a  ward  committee,  or  of  candidates  to  be 
voted  for  at  any  national,  state  or  city  election ;  and  any 
such  caucus  held  during  the  current  year  for  the  choice  of 
delegates  to  a  convention  or  of  members  of  a  ward  com- 
mittee shall,  as  the  city  committee  of  the  party  may  de- 
termine, use  in  such  caucuses  the  check  lists  prepared  as 
aforesaid,  or  the  check  lists  last  published  in  the  year 
eighteen  hundred  and  ninety-five,  with  such  additions 
thereto  as  shall  be  made  according  to  law. 

Caucuses  to  fill  Section  3.  All  caucuscs  of  a  political  party  for  filling 
vacancies  in  any  national,  state  or  city  ofiice  shall  be  called 
during  the  year  eighteen  hundred  and  ninety-six  by  the 
city  or  town  committee  existing  at  the  time  of  calling  such 
caucuses ;  and  the  check  lists  last  published  in  the  year 
eighteen  hundred  and  ninety-five,  with  such  additions 
thereto  as  shall  be  made  according  to  law,  shall  be  used 
at  such  caucuses. 

Election  of  ward      Sectiox  4.    Auv  political  partv  may  in  the  year  eighteen 

committeae.  .  l  J  ^  %j  c 

hundred  and  ninety-six  elect  its  ward  committees  to  serve 
for  such  term  as  the  city  committee  existing  at  the  pas- 
sage of  this  act  may  determine,  and  thereafter  shall  elect 
such  committees  at  the  times  and  for  the  terms  prescribed 
by  law. 

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

A2)proved  February  25,  1896. 


vacancies. 


ChaiO.WO  ^^  -^CT   RELATIVE   TO   FISHING  IN   LAKE   CHAUBUNAGUNGAMAUG  IN 

THE   TOWN   OF   WEBSTER. 

Be  it  enacted,  etc.,  as  follows : 

fls'h'in^certaVn"*       Whocvcr  takcs  or  catches  an}^  fish  in  the  waters  of  Lake 
rtrioted?"  Chaubunagungamaug  in  the  town  of  Webster,  between 


Acts,  1896.  — Chap.  111.  73 

the  first  day  of  January  and  the  first  day  of  June  in  each 
year,  shall  be  punished  by  a  fine  not  exceeding  twenty  dol- 
lars for  each  oflence.  Approved  February  25, 1S96. 


An  Act  to  incorporate  the  amherst  and  sunderland  street  (JJia7).Wl 

RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Charles  Deuel,  Walter  D.  Cowles,  William  Amherst  and 
H.  H.  Morgan,  Mendall  W.  Howard,  Henry  M.  McCloud  street  R^aUway 
and  Frederick    L.  Whitmore,  their  associates,  successors  poraL^d^  '°''°'^" 
and  assigns,  are  hereby  made  a  corporation  under  the  name 
of  the  Amherst  and  Sunderland  Street  Kailway  Company  ; 
with  all  the  powers  and  privileges  and  subject  to  all  the 
duties,  conditions  and  restrictions  set  forth  in  all  general 
laws  that  now  are  or  hereafter  may  be  in  force  relating  to 
street  railway  companies,  except  as  hereinafter  provided. 

Section  2.      Said  company  may  locate,  construct,  main-  May  construct, 
tain  and  operate  its  railway  and  electrical  equipment  in  such  in  certain  towns. 
manner  as  may  be  convenient  and  necessary,  in  part  upon 
private  land,  which   it  may  obtain  by  purchase  or  lease, 
and  upon  streets  and  highways  in  the  towns  of  Amherst, 
Sunderland  and  Hadley,  subject  to  the  approval  and  under 
the  control  of  the  selectmen  of  said  towns,  respectively, 
as  provided    by  law :  provided,  however,  that  no  location  Proviso, 
shall  be    granted  to  said  street  railway  company  in  the 
town  of  Amherst  unless  the  said  town  vote  to  authorize 
its  selectmen  to  grant  said  location  by  a  majority  vote  of 
the  voters  thereof  present  and  voting  thereon  at  a  meeting 
called  for  the  purpose. 

Section  3.     The  location  of  said  street  railway  outside  Location. 
of  public  streets  and  highways  shall  not  exceed  fifty  feet 
in  width. 

Section  4.     Said  company  may  acquire,  by  purchase  May  acquire 

.1  .  11  ^  1    J  f         '  1  1         necessary  real 

or  otnerwise,  all  real  estate  necessary  tor  its  power  sta-  estate. 
tions  and  other  uses  incidental  to  the  proper  maintenance 
of  its  railway. 

Section  5.  The  capital  stock  of  said  company  shall  bofi'efc""^' 
not  exceed  fifty  thousand  dollars.  Said  company,  for  the 
purpose  of  meeting  expenses  incurred  under  this  act,  may 
also  issue  bonds,  not  exceeding  the  amount  of  its  capital 
stock,  payable  within  not  exceeding  thirty  years  from  the 
date  thereof,  may  secure  the  same  by  mortgage  of  its  fran- 
chise and  property,  and  may  in  such  mortgage  reserve  to 


74  Acts,  1896.  — Chaps.  112,  113. 

its  directors  the  right  to  sell  or  otherwise  in  due  course 

of  business  dispose  of  property  included  therein  which 

may  become  unsuitable  for  use,  provided  an  equivalent  in 

value  is  substituted  therefor. 

ofTtock'and  Section  6.     All   stock   and  bonds  authorized  by  this 

bonds.  act  shall  be  issued  and  disposed  of  in  accordance  with  the 

provisions  of  all  general  laws  relative  to  the  issue  of  stock 

and  bonds  by  street  railway  companies. 

May  transact  SECTION  7.     Said  compauy  mav,  subject  to  the  control 

business  of  a  («•!  .*, 

common  carrier  qi  the  Selectmen  oi  said  towus,  respectively,  and  in  accord- 

of  merchandise.  .j,  t    ,  •  -i       t    i  •  ^  ^       i  j 

ance  with  regulations  prescribed  by  said  selectmen,  trans- 
act the  business  of  a  common  carrier  of  merchandise,  and 
Proviso.  may  use  its  tracks  for  that  purpose  :  pi^ovided,  that  they 

shall  not  be  so  used  in  any  town  until  the  town  has 
authorized  such  use  by  a  two  thirds  vote  of  the  voters 
thereof  present  and  voting  thereon  at  a  meeting  called 
for  the  purpose. 
undefceTtli^''^  Section  8.  Thc  provisions  of  this  act  shall  become 
conditions.  yoid  SO  far  as  relates  to  the  right  of  said  company  in  any 
town  where  no  portion  of  the  proposed  road  has  been  built 
and  put  in  operation  at  the  end  of  two  years  from  the  pas- 
sage of  this  act. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  27,  1S96. 

Ghav.W^  An  Act  to  allow  the  master,  wardens  and  members  of  the 

GRAND  LODGE   OF    MASONS   OF    MASSACHUSETTS    TO    HOLD    ADDI- 
TIONAL REAL   AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc.,  as  folloivs : 

May  hold  addi-  Section  1 .  The  mastcr,  wardens  and  members  of  the 
Grand  Lodge  of  Masons  in  Massachusetts  may  take  and 
hold  real  estate  not  exceeding,  in  all,  the  value  of  two 
million  dollars,  and  personal  estate  not  exceeding,  in  all, 
the  value  of  two  hundred  thousand  dollars. 

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

Approved  February  27,  1896. 


CA«7?.113  ^^  ^'^^  RELATING  TO   PUBLIC  PARKS  IN   THE  TOWN  OF  ARLINGTON. 

Be  it  enacted,  etc. ,  as  folloivs : 

um/eiu'estate,       Section  1.     The  board  of  park  commissioners  of  the 

etc.,  for  parii      towu  of  Arlington,  at  any  time  within  one  year  after  the 

passage  of  this  act,  may  take  and  hold  by  purchase  or 


Acts,  1896.  — Chap.  113.  75 

otherwise  any  and  all  such  real  estate  and  lands,  not  ex- 
ceeding thirty  acres  in  extent,  as  said  board  may  deem 
advisable,  within  that  part  of  said  town  which  is  bounded 
by  Spring  street  on  the  southwest,  Highland  avenue  on 
the  northwest,  Gray  street  and  the  extension  thereof  to 
Highland  avenue  on  the  northeast,  and  Pleasant  street  on 
the  southeast,  and  also  any  and  all  such  real  estate  and 
lands,  not  exceeding  ten  acres  in  extent,  as  said  board  may 
deem  advisable,  within  that  part  of  said  town  which  is 
l)ounded  on  the  southeast  by  a  new  street  leading  from 
Chestnut  street  to  Mount  Pleasant  cemetery  and  by  said 
cemetery  and  other  land  of  said  town,  on  the  east  and 
northeast  by  lower  Mystic  pond  and  by  land  of  Niles,  on 
the  northwest  by  Mystic  and  Chestnut  streets  from  land 
of  Niles  to  said  new  street ;  and  may  lay  out,  maintain 
and  improve  the  same  as  a  public  park  or  parks. 

Section  2.  Said  board  shall,  within  sixty  days  after  Description  of 
the  taking  of  any  lands  and  real  estate  as  aforesaid  under  be°reco'rded.° 
this  act,  otherwise  than  by  purchase  or  gift,  file  and  cause 
to  be  recorded  in  the  registry  of  deeds  of  the  southern  dis- 
trict of  the  county  of  Middlesex  a  description  thereof  suffi- 
ciently accurate  for  identification,  with  a  statement  of  the 
purpose  for  which  the  same  were  taken. 

Section  3.  Said  board  shall  estimate  and  determine  Damages. 
all  damages  sustained  by  any  person  by  the  taking  of  land 
or  by  other  acts  of  said  board  in  the  execution  of  the  power 
vested  in  it  by  this  act ;  but  a  person  aggrieved  by  any 
such  determination  of  said  board  may  have  his  damages 
assessed  by  a  jury  of  the  superior  court,  in  the  same  man- 
ner as  is  provided  by  law  with  respect  to  damages  sus- 
tained by  reason  of  the  laying  out  of  ways.  If  upon  trial 
damages  are  increased  beyond  the  award  the  party  in  whose 
favor  the  award  was  made  shall  recover  his  costs ;  other- 
wise he  shall  pay  costs ;  and  the  costs  shall  be  taxed  as  in 
civil  cases. 

Section  4.  The  fee  of  any  land  taken  or  purchased  by  Fee  of  land  to 
said  board  for  a  park  under  this  act  shall  vest  in  said  town  ac. '" 
of  Arlington  ;  and  said  town  shall  be  liable  to  pay  all  dam- 
ages assessed  or  determined  as  provided  in  the  preceding 
section,  and  all  costs  and  expenses  incurred  by  said  board 
of  park  commissioners  in  the  execution  of  the  powers 
vested  in  said  board  by  this  act. 

Section  5.     At  any  time  within  two  years  after  any  certain  real 
land  is  taken  or  purchased  for  a  park  or  parks  under  this  afselseXetc! 


76  Acts,  1896.  — Chap.  113. 

Certain  real  act  Said  board  of  park  commissioners,  if  in  its  opinion  any 
asseesedretcf  real  estate  in  said  town  receives  any  benefit  and  advantage 
from  such  taking  or  purchasing,  or  from  the  locating  or 
laying  out  of  a  park  or  parks  under  this  act,  beyond  the 
general  advantage  to  all  real  estate  in  said  town,  may  ad- 
judge and  determine  the  value  of  such  benefit  and  advan- 
tage to  any  such  real  estate,  and  may  assess  upon  the  same 
a  proportionate  share  of  the  cost  of  land  .so  purchased  or 
taken,  and  of  the  expense  of  laying  out,  grading  and  mak- 
ing such  park  or  parks ;  but  in  no  case  shall  the  assess- 
ment exceed  one  half  of  the  amount  of  such  adjudged  benefit 
and  advantage.  Said  real  estate  subject  to  such  assess- 
ment may  include  the  remainder  of  the  land  of  which  a 
part  is  taken  for  said  public  park  or  parks,  and  real  estate 
which  does  not  abut  upon  the  park,  from  the  laying  out 
of  which  the  betterments  accrue,  or  upon  a  street  or  way 
bounded  upon  said  park. 
coMTitmeaHen  Section  6.  Asscssmcuts  made  under  the  preceding 
upon  real  estate,  gggtion  shall  coustitute  a  licu  upon  the  real  estate  so  as- 
sessed, and  shall  be  collected  and  enforced  with  thet  same 
rights  to  owners  to  surrender  their  estates,  and  the  same 
proceedings  thereupon,  and  with  the  same  rights  of  and 
proceedings  upon  appeal,  as  are  provided  by  chapter  fifty- 
one  of  the  Public  Statutes. 
Loan.^'°"  ^^'^'^  Section  7.  For  the  purpose  of  defraying  the  expenses 
incurred  under  the  provisions  of  this  act  or  under  the  pro- 
visions of  chapter  one  hundred  and  fifty-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-two  the  board  of 
selectmen  of  the  town  of  Arlington  shall  have  authority 
to  issue  from  time  to  time  in  excess  of  the  limit  allowed 
by  law  scrip  or  bonds,  to  be  denominated  on  the  face 
thereof,  Arlington  Park  Loan,  to  the  amount  of  fifteen 
thousand  dollars,  and  to  a  further  amount  not  exceeding 
•  the  sums  hereafter  appropriated  by  said  town  for  the  pur- 
chase or  taking  of  lands  for  a  park  or  parks,  bearing  in- 
terest at  a  rate  not  exceeding  four  per  cent,  per  annum, 
payable  semi-annually,  the  principal  to  be  payable  at 
periods  of  not  more  than  fifty  years  from  the  issuing  of 
such  scrip  or  bonds,  Vespectively.  Said  board  of  select- 
men may  sell  the  same  from  time  to  time,  or  pledge  the 
same  for  money  borrowed  for  the  above  purposes  ;  but  the 
same  shall  not  be  sold  or  pledged  for  less  than  the  par 
value.  For  the  redemption  of  said  loan  said  town  at  its 
next  annual  meeting,  or  at  any  special  meeting  called  for 


Acts,  1896.  — Chap.  114.  77 

the  purpose  during  the  current  year,  shall  establish  a 
sinking  fund  sufficient  with  the  accumulatino^  interest  to 
provide  for  the  payment  of  such  loan  at  maturity.  All 
premiums  received  on  the  sale  of  said  bonds  and  scrip, 
and  all  amounts  received  for  betterments,  shall  be  paid 
into  such  sinking  fund,  until  such  fund  shall  amount  to  a 
sum  sufficient  with  its  accumulations  to  pay  at  maturity  the 
bonds  for  the  security  of  which  the  fund  was  established. 

Section  8.     This  act  shall  not  be  construed  to  limit  Not  to  limit 
the  power  of  said  board  of  park  commissioners  to  take,  of  pkrii  commiB. 
in  addition  to  the  land  herein  specified,  other  lands  in  said  "°"'^'*' 
town  for  park  purposes,  in  accordance  with  the  provisions 
of  chapter  one  hundred  and  fifty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-two. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  27,  1896. 


Chap.lU 


An  Act  relating  to  an  additional  avater  supply  for  the 

CITY  OF   PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1 .     Section  four  of  chapter  one  hundred  and  ^^^2,  iss,  §  4. 

.     1  r>  /»      1  r*      I  -I  1  etc.,  amendud. 

eighty-nve  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two,  as  amended  by  chapter  ninety-one  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  is  hereby 
amended  by  striking  out  in  the  fourth  and  fifth  lines 
thereof,  the  words  "to  an  amount  not  exceeding  fifty 
thousand  dollars",  and  by  striking  out  in  the  eighth  line 
thereof,  the  word  "one",  and  inserting  in  place  thereof 
the  word  :  — two,  —  so  as  to  read  as  follows  :  —  Section  pittsfleid  water 
4.  The  said  city  may,  for  the  purpose  of  paying  the  1892?'^'"°^ 
necessary  expenses  and  liabilities  incurred  under  the  pro- 
visions of  this  act,  and  for  the  purpose  of  paying  the 
necessary  expenses  and  liabilities  to  be  incurred  in  other 
extensions  and  improvements  of  the  water  works  of  said 
city,  issue  from  time  to  time  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  in  the  aggregate  two  hundred  thou- 
sand dollars.  Such  bonds,  notes  or  scrip  shall  bear  on 
the  face  thereof  the  words,  Pittsfield  Water  Loan,  Act  of 
1892,  shall  be  payable  at  the  expiration  of  periods  not  ex- 
ceeding thirty  years  from  the  date  of  issue,  and  shall  bear 
interest  payable  semi-annually  at  a  rate  not  exceeding  six 
per  centum  per  annum.  Said  city  shall  provide  for  the 
payment  upon  account  of  the  principal  sum  incurred  for 


78  Acts,  1896.  — Chap.  115. 

the  construction  and  maintenance  of  its  water  works,  not 
less  than  the  sum  of  four  thousand  dollars  in  each  and 
every  year  next  after  the  first  day  of  April  in  the  year 
eighteen  hundred  and  ninety-three,  in  addition  to  the  sums 
now  required  to  be  paid  thereon  each  year  by  said  city  by 
the  provisions  of  section  three  of  chapter  three  hundred 
and  forty  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five,  until  all  of  said  debt,  both  principal  and  inter- 
est, is  fully  paid  and  extinguished.  The  said  city  may 
authorize  temporary  loans  to  be  made  by  its  mayor  and 
treasurer  in  anticipation  of  the  issue  of  bonds,  notes  and 
scrip  hereby  authorized,  or  in  anticipation  of  the  payments 
to  be  made. 
Payment  of  SectiOjST  2.     The  city  council  of  the  city  of  Pittsfield 

may  by  vote  determine  that  the  principal  and  interest  of 
any  bonds  issued  under  the  provisions  of  this  act  shall  be 
payable  in  gold  coin  of  the  United  States  of  the  present 
standard  of  weight  and  fineness. 

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

Approved  February  27,  1896. 

Glum  115  ^^     ^^^     ^^     AUTHOKIZE     THE     TOWN    OF    WALPOLE    TO    MAKE    A 

WATER   LOAN. 

Be  it  enacted,  etc. ,  as  follows  : 

^olde^tl  Section  1.     The  town  of  Walpole  is  hereby  authorized 

to  issue  bonds  to  an  amount  not  exceeding  twenty  thou- 
sand dollars,  the  same  to  be  payable,  four  thousand  dollars 
in  the  year  nineteen  hundred  and  twenty-one,  four  thou- 
sand dollars  in  the  year  nineteen  hundred  and  twenty- 
two,  four  thousand  dollars  in  the  year  nineteen  hundred 
and  twenty-three,  four  thousand  dollars  in  the  year  nine- 
teen hundred  and  twenty-four,  four  thousand  dollars  in 
the  year  nineteen  hundred  and  twenty-five  ;  and  said  bonds 
are  to  be  issued,  except  as  provided  herein,  in  the  manner 
and  for  the  purposes  set  forth  in  chapter  two  hundred  and 
seventy-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three,  and  the  proceeds  thereof  may  be  used 
to  retire  bonds  already  issued  or  pledged  as  authorized  by 
said  chapter.  This  issue  is  to  be  considered  as  part  of  the 
amount  of  one  hundred  and  twenty-five  thousand  dollars 
authorized  by  section  five  of  said  chapter  two  hundred  and 
seventy-seven. 

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

Approved  February  27,  1896. 


Acts,  1896.  — Chap.  116.  79 


An  Act  granting  additional  rights  to  the  proprietors  of  QJiap.WQ 

THE    NEW"     MATTAKESSETT     CREEKS     IN     GREAT    POND    IN   EDGAR- 
TOWN. 

Be  it  enacted,  etc.,  as  follotvs  : 

Section  1.  The  Proprietors  of  the  New  Mattakessett  j?^*^/e|\°^o'lj'^, 
Creeks,  a  corporation  established  by  law  in  the  town  of  Edgartown. 
Edgartown,  are  hereby  authorized  to  catch  fish  for  the 
period  of  twenty  years  from  the  passage  of  this  act,  in 
the  Great  Pond,  so-called,  in  said  Edgartown,  by  means 
of  nets,  seines,  drag  seines,  traps  or  pounds,  as  said 
corporation  may  determine ;  but  said  corporation  shall, 
before  the  first  day  of  Fe])ruary  in  each  year,  pay  into 
the  treasury  of  said  town  for  the  use  of  said  town  the  sum 
of  one  hundred  dollars. 

Section  2.  Whoever,  other  than  said  corporation,  Taking  etc.,  of 
catches  or  takes  fish  in  said  Great  Pond,  except  by  natu-  Pond  regulated. 
rally  or  artificially  baited  hook  and  line,  or  by  spear,  shall 
forfeit  one  dollar  for  each  fish  so  caught  or  taken,  and 
whoever,  other  than  said  corporation,  catches  or  takes, 
or  attempts  to  catch  or  take,  fish  in  said  Great  Pond, 
except  by  naturally  or  artificially  baited  hook  and  line,  or 
by  spear,  shall  forfeit  all  seines,  boats  or  other  apparatus 
used  in  catching  or  taking  or  attempting  to  catch  or  take 
fish  from  said  Great  Pond.  The  forfeiture  for  fish  caught 
or  taken  may  be  enforced  in  an  action  of  tort  brought  by 
any  person,  or  by  criminal  complaint  on  behalf  of  the 
Commonwealth,  and  in  either  case  the  proceeds  from  said 
forfeiture  shall  be  paid,  one  half  to  the  person  bringing 
said  action  or  making  said  complaint  and  one  half  to  the 
county  of  Dukes  County.  For  the  purpose  of  enforcing 
the  forfeiture  thereof  any  person  may  seize  and  keep  all 
seines,  boats  and  other  apparatus  used  in  the  catching  or 
taking  of  fish,  or  in  attempting  to  catch  or  take  fish  in 
said  Great  Pond  contrary  to  the  provisions  of  this  act, 
and  the  forfeiture  of  seines,  boats  and  other  apparatus 
so  seized  or  taken  shall  be  enforced  in  accordance  with 
the  provisions  of  chapter  one  hundred  and  ninety-four  of 
the  Public  Statutes,  except  that  after  the  disposition  of 
said  seines,  boats  or  other  apparatus,  the  proceeds  there- 
from shall  be  paid,  one  half  to  the  complainant  and  one 
half  to  the  county.  Approved  February  27,  1896. 


80 


Acts,  1896.  — Chap.  117. 


CllClV'Wl  -^^  -^^^  "^^  AUTHORIZE  THE  BOARD  OF  TRUSTEES  OF  THE  MAS- 
SACHUSETTS HOSPITAL  FOR  CONSUMPTIVES  AND  TUBERCULAR 
PATIENTS  TO  TAKE  LAND  IN  THE  TOWN  OF  RUTLAND  FOR  HOSPI- 
TAL PURPOSES. 


May  take  cer- 
tain land  in 
Rutland  for 
hospital  pur- 
poses. 


Description  of 
land  to  be 
recorded,  etc. 


Damages, 


Specified  sum 
may  be 
awarded,  etc. 


Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  board  of  trustees  of  the  Massachu- 
setts hospital  for  consumptives  and  tubercular  patients 
are  hereby  authorized  to  take,  at  any  time  within  one 
year  from  the  passage  of  this  act,  so  much  land  within 
the  town  of  Rutland,  not  exceeding  two  hundred  acres 
including  land  already  purchased,  as  they  may  deem  nec- 
essary for  a  site  for  a  hospital  to  be  established  under 
chapter  five  hundred  and  three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five. 

Section  2.  Said  trustees  shall,  within  thirty  days 
from  the  time  when  they  shall  take  any  land  under  this 
act,  file  and  cause  to  be  recorded  in  the  office  of  the 
register  of  deeds  for  the  Worcester  district  of  the  county 
of  Worcester  a  certificate  describing  by  metes  and  bounds 
the  land  so  taken,  and  stating  that.it  is  taken  as  a  site 
for  a  hospital.  Said  plan  and  certificate  shall  state  the 
owners  of  the  land  fi'om  whom  the  land  is  taken,  so  far  as 
they  are  known,  shall  be  entitled  "Lands  Taken  in  the 
Town  of  Rutland  for  the  Massachusetts  Hospital  for  Con- 
sumptives and  Tubercular  Patients  ",  and  shall  be  signed 
by  said  trustees,  or  by  a  majority  of  them. 

Section  3.  Any  person  sustaining  damage  by  the 
taking  of  land  or  other  property  hereunder,  who  fails  to 
agree  with  said  trustees  as  to  the  amount  of  damage  sus- 
tained, 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 
one  year  from  the  taking  of  such  land  or  other  property. 

Section  4.  In  any  proceeding  for  the  recovery  of 
damages  hereunder  said  trustees  may  ofi^er  in  court  and 
consent  in  writing  that  a  sum  therein  specified  may  be 
awarded  as  damages  to  the  complainant ;  and  if  the  com- 
plainant 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  ofiered,  not  including 
interest  on  the  sum  recovered  in  damages  from  the  date 
of  the  ofier,  said  trustees  shall  be  entitled  to  recover  costs 


Acts,  1896.  — Chaps.  118,  119.  81 

after  said  date,  and  the  complainant,  if  he  recover  dam- 
ages, shall  be  allowed  costs  only  to  the  date  of  the  otler, 
unless  the  damages  so  recovered  shall  be  in  excess  of  the 
amount  oflfered  by  said  trustees,  as  aforesaid. 

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

A2>proved  February  27,  1896. 


CJiap.llS 


An  Act  making  appropriations  for  printing  and  binding  the 
reports  op  the  decennial  census  of  the  year  eighteen 
hundred  and  ninetl'-five,  and  for  expenses  in  connection 
with  taking  said  census. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

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

For  printing  and  l)inding  the  reports  of  the  decennial  Printing  and 

,.     .1  -11  11  -I        •  •  binding  reports 

census  or   the  year  eighteen  hundred  and  nmety-tive,  as  ofdeccaniai 
provided  for  by  chapter  fifty-two  of  the  resolves  of  the  ''°°*"*' 
year  eighteen  hundred  and  ninety-five,  a  sum  not  exceed- 
ing fifteen  thousand  dollars. 

For  the  payment  of  the  expenses  in  connection  with  the  Expenses. 
taking  of  the  decennial  census,  as  provided  for  by  chapter 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
six,  a  sum  not  exceeding  seventy-five  thousand  dollars,  the 
same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  same  purpose. 

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

Approved  February  27,  1896. 

An  Act  to   authorize  the  pittsfield  electric  street  rail-  QIiq/q  119 
way  company  to  construct  and  operate  its  railway  in 
the  town  of  dalton. 

Be  it  enacted,  etc.,  as  follows: 

Section    1.     The   Pittsfield   Electric    Street    Railway  May  extend  and 
Company   is   hereby  authorized  to   extend   and   operate  Tn'^town  of  ''°^'* 
its  lines  in  and  through  the  town  of  Dalton,  upon  loca-  ^""°°- 
tions  that  may  be  granted  by  the  board  of  selectmen  of 
said  town,  and  subject  to  such  limitations  and  conditions 
as  may  be  imposed  by  said  board. 


82 


Acts,  1896.  — Chap.  119. 


Location.  SECTION  2.     Said  railway  company  may  construct  its 

tracks  over  private  land  and  hold  the  same  by  purchase  or 
lease,  but  no  location  outside  of  the  public  streets  and 
highways  shall  exceed  fifty  feet  in  width. 
May  increase  SECTION  3.     FoT  the  purposc  of  providing  the  means 

audi88ue  bonds,  of  carrying  out  the   authority  hereby  granted  said  com- 
Proviso.  pany  may  increase  its  capital  stock  and  issue  bonds :  pro- 

vided^ such  additional  issue  of  stock  and  bonds  shall  not 
exceed  seventy-live  thousand  dollars ;  but  only  such 
amounts  of  stock  and  bonds  shall  be  issued  as  may  from 
time  to  time,  upon  investigation  by  the  board  of  railroad 
commissioners,  be  deemed  and  voted  by  them  to  be  rea- 
sonably requisite  for  the  jDurpose  herein  set  forth ;  but 
otherwise  than  is  provided  by  this  act  stock  or  bonds  shall 
not  be  issued  for  any  purposes  not  now  authorized  by 
statute.  The  vote  of  said  board  determining  said  issue 
shall  specify  the  respective  amounts  of  stock  and  bonds  to 
be  issued  for  the  respective  purposes  to  which  the  pro- 
ceeds thereof  are  to  l)e  applied ;  and  said  company  shall 
not  apply  said  proceeds  to  any  other  purpose,  and  may  be 
enjoined  from  so  doing  by  any  justice  of  the  supreme  ju- 
dicial or  superior  courts,  upon  application  of  any  inter- 
ested party.  The  capital  stock  herein  authorized  to  be 
issued  may  be  subscribed  and  paid  for  in  cash  at  par,  or 
sold  at  public  auction,  as  said  board  may  determine  ;  and 
the  bonds  herein  authorized  to  be  issued  may  be  either 
registered  or  with  coupons  attached,  bearing  interest  at  a 
rate  not  exceeding  six  per  cent,  per  annum,  be  made  pay- 
able in  gold,  and  for  a  term  not  exceeding  twenty  years 
from  the  date  thereof;  and  to  secure  the  payment  of  said 
bonds  with  the  interest  thereon  said  company  may  make 
a  mortgage  of  its  railway  and  franchise  and  any  part  or 
all  of  its  property,  and  may  include  in  said  mortgage 
property  thereafter  to  be  acquired ;  said  mortgage  to  be 
upon  the  terms  set  forth  in  chapter  three  hundred  and 
eighty-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three,  and  to  be  security  also  for  any  bonds  issued 
thereunder. 

Section  4.  The  authority  herein  granted  shall  cease 
where  no  portion  of  the  proposed  extension  has  lieen  built 
and  put  into  operation  at  the  end  of  two  years  from  the 
date  of  the  passage  of  this  act. 

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

Approved  February  27.,  1896. 


Autiiority  to 
cease  under 
certain  cond 

tiODS. 


Acts,  1896.  — Chap.  120.  83 


An  Act  to  authorize  the  conway  electkic  street  railway  (JJi(ij),\2iO 

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

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  Conway  Electric  Street  Eailway  Com-  May  construct 
pany  may,  subject  to  the  approval  and  mider  the  control  ^l\\^ly^ia%lr. 
of  the  selectmen  of  the  several  towns,  as  provided  by  »'»"!  t°^"s>  ^tc. 
general  law,  extend  its  tracks  and  railway  ^v  esterly  through 
the  town  of  Ashfield,  and  easterly  over  and  across  the 
Deerfield  river  and  into  the  town  of  Deerfield,  and  may 
construct  and  maintain  a  bridge  across  said  Deerfield  river, 
and  locate,  construct,  maintain  and  operate  its  railway 
upon  and  over  streets  and  highways  in  said  towns,  and  in 
part  upon  private  lands  which  it  may  obtain  by  purchase 
or  lease,  and  may  connect  its  new  locations  with  its  loca- 
tions in  the  town  of  Conway.  Said  company  shall  have 
the  same  powers  in  respect  to  such  new  locations  which 
it  now  has  in  respect  to  its  locations  in  the  town  of  Con- 
way, and  be  subject  to  the  same  duties,  liabilities  and  re- 
strictions. 

Section  2.     The  proceedings  for  the  fixing  of  the  route  Location,  taking 
and  for  the  location  and  construction  of  said  railway  over  erty^efc?  ^"^"^ 
all  the  route  lying  outside  of  the  streets  and  public  high- 
ways of  said  towns,  and  for  such  taking  of  private  land 
therefor,  shall  be  similar  to  those  prescril)od  by  general 
law  in  relation  to  railroads.     All  persons  and  corporations  Damages. 
sustaining  damage  in  their  property  by  such  taking  of  land 
for  the  location  and  construction  of  said  railway  shall  have 
the  same  remedies  therefor  as  are  provided  in  chapter  one 
hundred  and  twelve  of  the  Public  Statutes,  and  by  acts 
in  amendment  thereof,  for  persons  damaged  by  railroad 
corporations. 

Section  3.     The  location  of  said  railway  outside  the  Location, 
public  streets  and  highways  shall  not  exceed  fifty  feet  in 
width. 

Section  4.     For  the  purpose  of  meeting  expenses  in- May  increase 

J  ixi«  1.         •  ^  •*"  -i  •     capital  stock, 

curred  under  this  act  said  company  may  increase  its  capi-  issue  bonds,  etc. 
tal  stock,  not  exceeding  fifty  thousand  dollars,  and  may 
from  time  to  time,  by  vote  of  the  majority  in  interest  of 
its  stockholders,  issue  coupon  or  registered  bonds  to  an 
amount  not  exceeding  twenty-five  thousand  dollars,  such 
bonds  to  be  secured  Ijy  a  mortgage  of  its  road  and  fran- 
chise.    All  bonds  shall  first  be  approved  by  some  person  Bonds  to  bo 

*^  ^  approved. 


84  Acts,  1896.  — Chaps.  121,  122. 

appointed  by  the  corporation  for  that  purpose,  who  shall 

certify  on  each  bond  that  it  is  properly  issued  and  recorded. 

Town  of  Con-         SECTION  5.     The  town  of  Conway  may  subscribe  for 

way  may  hold  iiiii  -i  •      i  iii 

oonds,  etc.  and  hold  sharcs  oi  the  capital  stock  or  the  bonds  oi  said 
company,  to  the  same  amount  and  in  the  same  manner  as 
prescribed  by  general  law  in  relation  to  railroads. 

iseue,  etc.  of         Section  6.     All  stock  and  bonds  authorized  by  this 

stock  and  bonds.  i      n   -i  . 

act  shall  be  issued  and  disposed  of  in  accordance  with  the 

provisions  of  all  general  laws  relative  to  the  issue  of  stock 

and  bonds  by  street  railway  companies. 
unde?  certain  Section  7.     This  act  sliall  take  effect  upon  its  passage, 

conditions.        ^ud  shall  be  void  as  to  all  parts  of  said  railway  which  are 

not  located  and  constructed  in  said  towns  within  two  years 

from  the  passage  of  this  act. 

Approved  February  28,  1896. 


Chap.121  An  Act  to  extend  the  time  wiTmN  which  the  hartford  and 

CONNECTICUT     WESTERN    RAILROAD    COMPANY    MAY    LOCATE    AND 
CONSTRUCT   AN   EXTENSION   OF   ITS   ROAD. 

Be  it  enacted,  etc.,  as  foUoivs: 

Time  extended.  The  time  withiu  which  the  Hartford  and  Connecticut 
Western  Railroad  Company  is  authorized  to  locate  and 
construct  the  extension  of  its  road,  provided  for  by  chap- 
ter three  hundred  and  eighty-six  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-nine,  is  hereby  extended 
until  the  first  day  of  December  in  the  year  eighteen  hun- 
dred and  ninety-nine,  but  in  the  construction  of  the  road 
there  shall  be  no  crossing  of  a  public  highway  at  grade. 

Apjoroved  February  28,  1896. 


(J}ia7)A22i  An     '^^'^     MAKING      APPROPRIATIONS      FOR     SUNDRY      EDUCATIONAL 

EXPENSES. 

Be  it  enacted,  etc.,  as  follows: 
Appropriatione.      Section  1.     The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  except  as  herein 
provided,  to  meet  expenses  for  the  year  ending  on  the 
thirty -first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 
educltion'^''  °'         ^^^'  ^^^  salary  and  expenses  of  the  secretary  )f  the  state 
secretary.'         board  of  cducatioii,  forty-five  hundred  dollars,  to  be  paid 


Acts,  1896. —  Chap.  122.  85 

out  of  the  moiety  of  the  income  of  the  Massachusetts 
School  Fund  applicable  to  educational  purposes. 

For  clerical  and  messeno^er  service  for  the  state  board  £'f5!i!t'„!°^., 

v7  ^  ■■■■-■        niGSS©Dgei  Sflr- 

of  education,  a  sum   not  exceeding  two  thousand   dol-  vice. 
lars. 

For    incidental   and  contingent  expenses   of  the    state  Expensee. 
l)oard  of  education  and  of  the  secretary  thereof,  a  sum 
not  exceeding  eighteen  hundred  dollars. 

For  travelling  and  other  expenses  of  the  members  of  ^g^f^erT  °/ 
the  state  board  of  education,   a  sum  not  exceeding   one  bo«rd. 
thousand  dollars. 

For  the  support  of  state  normal  schools,  including  ac-  state  normal 
countants  and  certain  other  expenses  of  the  boarding 
houses  at  Bridgewater,  Framingham  and  Westfield,  a  sum 
not  exceeding  one  hundred  and  forty-three  thousand  one 
hundred  and  twenty-five  dollars,  to  be  paid  out  of  the 
moiety  of  the  income  of  the  Massachusetts  School  Fund 
applicable  to  educational  purposes,  the  excess,  if  any,  to 
be  paid  from  the  treasury  of  the  Commonwealth. 

For  the  support  of  the  state  normal  art  school,  a  sum  state  normal 
not  exceeding  nineteen  thousand  seven  hundred  and  ninety 
dollars,  to  be  paid  out  of  the  moiety  of  the  income  of  the 
Massachusetts  School  Fund  applicable  to  educational  pur- 
poses, the  excess,  if  any,  to  be  paid  from  the  treasury  of 
the  Commonwealth. 

For  expenses  of  teachers'  institutes,  a  sum  not  exceed-  j^gtftuteg* 
ing  two  thousand  dollars,  to  be  paid  out  of  the  moiety  of 
the  income  of  the  Massachusetts  School  Fund  applicable 
to  educational  purposes. 

For  the  Massachusetts  teachers'  association,  the  sum  of  Massachusetts 

'      .  teachers  asso- 

three  hundred  dollars,  to  be  paid  out  of  the  moiety  of  the  ciation. 
income  of  the  Massachusetts  School  Fund  applicable  to 
educational  purposes,  subject  to  the  approval  of  the  state 
board  of  education. 

For  expenses  of  county  teachers'  associations,  a  sum  county 
not  exceeding  three  hundred  dollars,  to  be  paid  out  of  the  ciation's!  "****' 
moiety  of  the  income  of  the  Massachusetts  School  Fund 
applicable  to  educational  purposes. 

For  the  Dukes  County  educational  association,  the  sum  Dukes  county 

/./,/..         1    i,  educational 

OI   nity   dollars.  association. 

For  aid  to  pupils  in  state  normal  schools,  a  sum  not  ex-  Aid  to  pupiis  in 

T  j'a.i  Till  !!•  •  1   normal  schools. 

ceedmg  tour  thousand  dollars,  payable  in  semi-annual 
instalments,  to  be  expended  under  the  direction  of  the 
state  board  of  education. 


86  Acts,  1896.  — Chaps.  123,  124,  125. 

Bchooi  8uperin-       ^q  enable  small  towns  to  provide  themselves  with  school 
Braaii  towns.       supenntendents,  a  sum  not  exceedmg  sixty-two  thousand 

five  hundred  dollars. 
Education  of  p'oi-  the  educatiou  of  deaf  pupils  of  the  Commonwealth 

deaf  pupila.  iii-  iii 

in  the  schools  designated  by  law,  a  sum  not  exceedmg 
forty-five  thousand  dollars. 

Educational  For  the  care  and  maintenance  of  the  educational  mu- 

seum, the  sum  of  fifteen  hundred  dollars. 

Examination  j'qj.  expcuscs  lu  conucction  witli  the  examination  and 

and  certihcation  .,.„,,  ,  ,  ,. 

of  school  certification  ot  school  teachers  by  state  authority,  a  sum 

not  exceeding  five  hundred  dollars. 

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

Approved  February  28,  1896. 

Ch(ip.l23  An  Act  authorizing  the  street  commissioners  of  boston  to 

ACCEPT  MINER  STREET  AT   A   WIDTH   OF   FORTY   FEET. 

Be  it  enacted,  etc.,  as  follows : 

^ay  ^y  out.  Section  1 .     The  board  of  street  commissioners  of  the 

street  as  a  pub-   city  of  Bostoii  ai'c  hcrcl^y  authorized  to  lay  out  and  accept 

ig  way.       ^^  ^  public  hishway,  at  a  width  of  forty  feet,  the  street  or 

way  now  known  as  Miner  street,  in  ward  eleven  of  said 

city. 

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

Ax)proved  March  3,  1896. 

(JJian.V^i^  An  Act  to  authorize  foreign  burglary  insurance  companies 
TO  transact  business  in  this  commonwealth. 

Be  it  enacted,  etc.,  as  folloivs: 

May  transact  Section  1.     Duly  oTgauizcd  corporations  of  anv  othcr 

business  in  this  i«t  i  .  /»  i. 

Commonwealth,  state  authorizcd  to  transact  the  business  of  burglary  in- 
surance may  be  admitted  to  transact  such  business  in  this 
Commonwealth,  upon  the  conditions  required  under  chap- 
ter seventy-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four. 

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

Apjyroved  March  3,  1896. 

Chap.\2:5  ^^   "^^"^  '^*^   AUTHORIZE  THE  NORTH    ADAMS    HOSPITAL    TO    ESTAB- 
LISH  AND  MAINTAIN  A    TRAINING   SCHOOL  FOR  NURSES. 

Be  it  enacted,  etc. ,  as  foUoius  : 

tmYningtchoor       Section  1.     The  North  Adams  Hospital  may,  in  addi- 
for nurses.         ^ioii  to  the  powcTS  Conferred  upon  it  by  law,  establish  and 


Acts,  1896.  — Chap.  126.  87 

maintain  at  North  Adams  a  training  school  for  nurses,  for 
the  purpose  of  educating  and  training  women  for  intelli- 
gent and  effective  service  to  the  sick  and  helpless. 

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

Approved  March  3,  1896. 


Chap.126 


An  Act  relative  to  mutual    companies  with    a    guaranty 

CAPITAL. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.     Section  thirty-nine  of  chapter  five  hundred  iss*.  522,  §  39, 

/•I  -1  111   amended. 

and  twenty- two  01  the  acts  01  the  year  eighteen  hundred 
and  ninety-four  is  herel)y  amended  by  inserting  in  the 
second  line,  after  the  word  "organized",  the  words:  — 
nor  by  a  mutual  lire  insurance  company  with  a  guaranty 
capital  of  less  than  one  hundred  thousand  dollars,  —  so 
that  the  section  as  amended  shall  read  as  follows  :  —  Sec-  conditions 
Hon  39.  No  policy  shall  be  issued  by  a  purely  mutual  cena[n'al'§'' 
fire  insurance  company  hereafter  organized,  nor  by  a  po^ncTermay 
mutual  fire  insurance  company  with  a  guaranty  capital  i^^"®- 
of  less  than  one  hundred  thousand  dollars,  until  not  less 
than  one  million  dollars  of  insurance,  in  not  less  than  four 
hundred  separate  risks  upon  property  located  in  Massachu- 
setts, has  been  subscribed  for  and  entered  on  its  books ; 
except  that  in  any  town  of  less  than  four  thousand  inhabi- 
tants a  company  may  be  formed  to  insure  only  dwelling 
houses,  farm  buildings,  and  their  contents  within  such 
town,  and  may  issue  policies  when  fifty  thousand  dollars 
of  insurance  has  been  subscribed  for.  No  officer  or  other 
person  whose  duty  it  is  to  determine  the  character  of  the 
risks,  and  upon  whose  decision  the  applications  shall  be 
accepted  or  rejected  by  a  mutual  fire  insurance  company, 
shall  receive  as  any  part  of  his  compensation  a  commission 
upon  the  premiums,  but  his  compensation  shall  be  a  fixed 
salary  and  such  share  of  the  net  profits  as  the  directors 
may  determine.  Nor  shall  such  officer  or  person  afore- 
said be  an  employee  of  any  officer  or  agent  of  the  com- 
pany. 

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

Approved  March  3,  1896. 


88 


Acts,  1896.  — Chap.  127. 


May  lease  fran- 
chise, property, 
etc.,  of  Nashua 
Street  Railway, 
etc. 


May  construct 
and  operate  its 
railway  in  cer- 
tain towns,  etc. 


ChaV,^27  ^^    ^^'^    ^^    EXTEND    THE    CORPORATE    POWERS    OF    THE    LOWELL 
AND   SUBURBAN   STREET  RAILWAY   COMPANY. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.  The  Lowell  and  Suburban  Street  Railway 
Company  is  hereby  authorized  and  empowered  to  take  a 
lease  of  all  the  property,  rights,  privileges,  easements  and 
franchises  of  the  Nashua  Street  Railway,  a  body  corporate 
established  under  the  laws  of  the  state  of  New  Hampshire, 
and  to  operate  said  railway  when  so  leased,  subject  to  all 
the  duties,  liabilities  and  restrictions  imposed  upon  said 
lessee ;  and  said  Lowell  and  Suburban  Street  Railway 
Company  is  hereby  authorized  and  empowered  to  gener- 
ate, transmit  and  supply  electricity  in  this  Commonwealth 
for  all  purposes  incidental  to  the  operation  of  street  rail- 
ways in  said  New  Hampshire. 

Section  2.  Said  Lowell  and  Suburban  Street  Railway 
Company  is  hereby  authorized  and  empowered  to  con- 
struct, within  three  years  from  the  passage  of  this  act, 
and  to  maintain  and  operate  its  railway  in  and  upon  such 
of  the  highways  and  town  ways  of  the  towns  of  Andover, 
Dunstable  and  Pepperell,  in  this  Commonwealth,  as  loca- 
tions therefor  may  hereafter  from  time  to  time  be  granted 
by  the  boards  of  selectmen  of  said  respective  towns,  in 
accordance  with  the  statutes  of  this  Commonwealth ;  and 
also  in  and  upon  private  lands,  when  permission  so  to  do 
shall  hereafter  have  first  been  obtained  from  the  owners 
of  said  lands,  in  all  cities  and  towns  wherein  locations  for 
its  railway  under  its  charter  and  amendments  thereto  have 
now  or  may  hereafter  under  this  act  be  lawfully  granted  it. 

Section  3.  Nothing  contained  in  this  act  shall  be  con- 
strued as  giving  to  said  Lowell  and  Suburban  Street  Rail- 
way Company  or  said  Nashua  Street  Railway  the  right  to 
carry  freight  or  express  matter  within  the  Commonwealth 
of  Massachusetts. 

Section  4.  No  lease  executed  under  the  authority  of 
this  act  shall  be  valid  or  binding  until  the  terms  thereof 
have  been  agreed  to  by  a  majority  of  the  directors  and  a 
majority  in  interest  of  the  stock  of  both  lessor  and  lessee, 
nor  until  approved  by  the  board  of  railroad  commissioners 
of  this  Commonwealth,  in  the  manner  provided  by  law. 

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

Approved  March  5,  1896. 


Not  to  carry 
freight,  eto. 


Terms  of  lease 
to  be  approved, 
etc. 


Acts,  1896.  — Chaps.  128,  129,  130.  89 


An  Act  relative  to  the  date  for  sending  to  the  controller  (JJiap,12S 

OF  COUNTY  ACCOUNTS  COPIES  OF  ESTIMATES  FOR  COUNTY  TAXES. 

Be  it  enacted,  etc.,  asfoUoics: 

The  copy  of  estimates  of  county  taxes  made  annually  Time  extended. 
by  the  county  commissioners  for  each  county,  and  required 
by  the  provisions  of  section  one  of  chapter  one  hundred 
and  forty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five  to  be  sent  to  the  controller  of  county  ac- 
counts by  the  clerk  of  the  commissioners,  may  hereafter 
be  sent  to  said  controller  on  or  before  the  fifteenth  day  of 
January  in  each  year,  instead  of  on  or  before  the  fifteenth 
day  of  December  as  provided  in  said  section. 

Approved  March  5,  1896. 


An  Act  to  change  the  name  of  the  franklin  methodist  epis-  (7Aa».129 

COPAL   CHAPEL  IN   BROCKTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  name  of  the  Franklin  Methodist  Epis-  Name  changed. 
copal  Chapel  in  Brockton  is  hereby  changed  to  the  Frank- 
lin Methodist  Episcopal  Church  in  Brockton. 

Section  2.     All  gifts,  grants,  bequests  or  devises  here-  Gifts,  bequests, 
tofore  or  hereafter  made  to  said  corporation  by  either  of 
said  names  shall  vest  in  the  Franklin  Methodist  Episcopal 
Church  in  Brockton. 

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

Approved  March  3, 1896. 


An  Act  to  authorize  the  quincy  and  boston  street  railway  (7^^7j.130 

COMPANY  to  lease  OR  PURCHASE  THE  PROPERTY  OF  THE  BRAIN- 
TREE  street  RAILWAY  COMPANY,  AND  TO  INCREASE  ITS  CAPITAL 
STOCK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   Quincy  and  Boston  Street  Railway  May  lease  or 
Company  is  hereby  authorized  to  lease  or  purchase  the  chise,X./or 
railway,  franchise,  property,  rights  and  easements  of  the  sireet'^Ranway 
Braintree    Street   Railway  Company,  and   the   Braintree  company. 
Street  Railway  Company  is  hereby  authorized   to   lease 
or  sell  and  convey  the  same  to  the  Quincy  and  Boston 
Street  Railway  Company,   which   latter   company  shall, 
upon  such  lease  or  conveyance,  and  in  accordance  with 


90 


Acts,  1896.  — Chap.  131. 


May  increase 
capital  stock, 
etc. 


Certain  provi- 
sions of  law  to 
apply. 


the  terms  thereof,  have  and  enjoy  the  powers  and  privi- 
leges and  be  subject  to  the  duties,  liabilities  and  restric- 
tions of  the  said  Braintree  Street  Railway  Company : 
provided^  hoivever,  that  no  such  lease  or  purchase  and  sale 
shall  be  valid  or  binding  until  the  terms  thereof  have  been 
agreed  to  by  a  majority  of  the  directors  of  each  of  said 
companies,  and  by  a  majority  in  interest  of  their  respec- 
tive stockholders  at  meetings  duly  called  for  the  purpose, 
and  approved  by  the  board  of  railroad  commissioners  in 
the  manner  provided  by  law.  Such  lease  or  purchase 
shall  be  made  in  accordance  with  all  general  laws  relating 
thereto. 

Section  2.  For  the  purpose  of  purchasing  the  rail- 
way, franchise,  property,  rights  and  easements  of  the 
Braintree  Street  Railway  Company  the  said  Quincy  and 
Boston  Street  Railway  Company,  by  a  vote  of  a  majority 
in  interest  of  its  stockholders  at  meetings  called  for  the 
purpose,  and  subject  to  the  approval  of  the  railroad  com- 
missioners in  the  manner  provided  by  law,  may  increase 
and  issue  its  capital  stock  to  an  amount  necessary  for  that 
purpose. 

Section  3.  The  provisions  of  section  four  of  chapter 
three  hundred  and  eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  are,  so  far  as  they  are  applicable 
hereto,  made  part  hereof,  and  shall  apply  to  purchases  and 
sales  by  and  of  said  companies  hereunder. 

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

Approved  March  5,  1896. 


Appropriations. 


CJlUp.lSl  ^^  ^CT  MAKING  APPROPRIATIONS  FOR  THE  COMPENSATION  AND 
EXPENSES  OF  THE  COMMISSIONERS  ON  INLAND  FISHERIES  AND 
GAME. 

Be  it  enacted,  etc.,  as  folloius: 

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-six,  to  wnt :  — 

For  the  compensation  and  expenses  of  the  commissioners 
on  inland  fisheries  and  game,  a  sum  not  exceeding  thirty- 
five  hundred  dollars. 


Commissioners 
on  inland 
fisheries  and 
game. 


Bteamer. 


Acts,  1896.  — Chaps.  132,  133.  91 

For  the  enforcement  of  laws,  propao-ation  and  distribu-  Propagation  and 

,.     .    ,  .  /■  1  •     j_  c    distribution  of 

tion  or  tish,  running  expenses,  rent  and  maintenance  oi  fish,  etc. 
hatcheries,  incidentals,  printing  and  contingent  expenses, 
propagation  and  protection  of  birds  and  animals,  a  sum 
not  exceeding  fifty-five  hundred  dollars. 

For  travelling  expenses  of  a  member  of  the  district  J/pgngegf 
police  detailed  for  service  with  said  commissioners,  a  sum 
not  exceeding  five  hundred  dollars. 

For  running   expenses   and   necessary  repairs   to   the  ExpenseBof 
steamer  in  charge  of  the  commissioners,  a  sum  not  ex- 
ceeding forty-five  hundred  doHars. 

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

Approved  March  4,  1896. 


An  Act  to  legalize  the  proceedings  of  a  certain  meeting  (7/zax>.132 

OP   THE   FIRST   CONGREGATIONAL   CHURCH   OF   PAXTON. 

Be  it  enacted^  etc.,  as  foUoivs : 

Section  1.  The  proceedings  of  the  annual  meeting  of  fj^^it^ed!^^ 
the  First  Congregational  Church  of  Paxton,  held  on  the 
first  day  of  January  in  the  year  eighteen  hundred  and 
ninety-six,  shall  not  be  invalid  by  reason  of  the  fact  that 
the  warrant  for  said  meeting  was  not  served  by  a  person 
legally  qualified  to  serve  the  same. 

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

Apjyroved  March  4,  1896. 

An  Act  to  provide  for  the  receipt  and  payment  of  money  (7^ar>.133 

FOR  the   support   OP    PRACTICE   AND   MODEL  SCHOOLS. 

Be  it  enacted,  etc. ,  as  follotvs : 

The  treasurer  and  receiver  general  is  hereby  authorized  ^racuce  anT  °^ 
to  receive  from  cities  and  towns  all  sums  of  money  which  '^°^^^  schools. 
may  be  payable  under  the  agreements  with  the  board  of 
education  relative  to  the  maintenance  of  practice  and 
model  schools  provided  for  by  sections  five  and  six  of 
chapter  four  hundred  and  fifty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four.  The  sums  so 
received  shall  be  expended  under  the  direction  of  the 
board  of  education  for  the  purposes  named  in  said  sec- 
tions, without  any  appropriation  therefor. 

-Approved  March  4,  1896. 


92  Acts,  1896.  — Chap.  134. 


(7^tt».134  -^^  ^^'^  '^^  AUTHORIZE  THE  CITY  OF  FALL  RIVER  TO  INCUR  IN- 
DEBTEDNESS BEYOND  THE  LIMIT  FIXED  BY  LAW,  FOR  THE  PUR- 
POSE  OF   ERECTING   A   PUBLIC   LIBRARY   BUILDING. 

Be  it  enacted,  etc.,  as  follows  : 

?nZue7Ls  Section  1.     The  city  of  Fall  River,  for  the  purpose 

beyond  debt       of  enabling  the  board  of  trustees  of  the  public  library 

limit,  i8Bue  ..T.~  iTi'i  II"- 

bonds,  etc.  oi  Said  City  to  crcct  a  public  library  building  in  said  city, 
the  same  to  contain  accommodations  for  the  offices  of  the 
school  department,  may  incur  indebtedness  and  may  au- 
thorize 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  seventy-five  thousand  dollars.  Such 
bonds  shall  be  payable  in  thirty  years  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. 
?tc°''of"pubHc  Section  2.  The  said  board  of  trustees  shall  have  full 
library  building,  powcr  and  coutrol  of  the  design,  construction  and  erection 
of  the  public  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  specific  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 
performance. 
^dere°dYnXter.  Section  3.  The  debt  and  loan  authorized  by  this  act, 
iTmit?^'^^'"^  and  the  notes,  bonds  or  scrip  which  may  be  issued  there- 
for, shall  not  be  considered  or  reckoned  in  determining 
the  authorized  limit  of  indebtedness  of  said  city  under 
the  provisions  of  section  four  of  chapter  twenty-nine 
of  the  Pu})lic  Statutes  and  acts  in  amendment  thereof  or 
in  addition  thereto. 
Tppiy!^*"  Section   4.     The    provisions   of   chapter  twenty-nine 

of  the  Public  Statutes  in  reo-ard  to  the  establishment  and 


Acts,  1896.  — Chaps.  135,  136.  93 

maintenance  of  a  sinking  fund   shall  apply  to  the  loans 
authorized  by  this  act. 

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

Apjjroved  March  4,  1896. 

An  Act  to  incorporate  the  Gardner  syndicate  corporation,  njinjj  1 35 
Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.     Seth  Hey  wood,  Philander  Derby,  Henry  Gardner 
Heywood,  George  Heywood,  Arthur  P.  Derby,  George  H.  co?poratioD 
Heywood,  Frank  W.  Smith,  Levi  H.  Greenwood,  Charles  i°<=»'P«>-^i*^d. 
F.  Richardson,   Volney    W.   Howe,    their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name  of 
the  Gardner  Syndicate  Corporation,  with  authority  to  pur- 
chase a  certain  tract  of  land  situate  in  the  town  of  Gardner 
and  bounded  on  the  north  by  Central  street,  on  the  east 
by   the   town  hall  lot,   on  the  south  by  land  of  R.  F. 
Andrews,   and    on  the  west  by  Chestnut  street,   and  to 
erect,  complete  and  maintain  a  building  thereon,  to  be  used 
for  public  halls,  lodge  and  club  rooms,  and  for  mechan- 
ical and  mercantile  purposes,  and  for  shops,  stores  and 
offices. 

Section  2.  Said  corporation  may  have  a  capital  stock  capuai  stock, 
not  exceeding  one  hundred  thousand  dollars,  may  mort- 
gage its  property,  and  shall,  except  as  herein  otherwise 
provided,  have  all  the  powers  and  privileges  and  be  sub- 
ject to  all  the  duties,  liabilities  and  restrictions  set  forth  in 
all  general  laws  which  now  are  or  hereafter  may  be  in 
force  relating  to  such  corporations. 

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

Approved  March  4,  1896. 


Chap.l^Q 


An  Act  in  relation  to  certain  organizaiions  paying  only 
funeral  and  sick  benefits. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     Any  existing  fraternal  beneficiary  corpora-  certain  existing 
tion  or  association  conducting  business  upon   the   lodge  mly^o'nti'nue 
system,  and  any  existing  purely  charitable  association  or  ^""°'^**- 
corporation,    which  pays  a  death  or  funeral    benefit   not 
exceeding  one  hundred  and  twenty-five  dollars  and  disa- 
bility   benefits    not   exceeding  five  dollars  per  week,  is 
hereby  authorized  to  continue  in  this  Commonwealth  such 
business  without  otherwise  conforming  to  the  provisions 


94 


Acts,  1896.  — Chap.  137. 


of  chapter  three   hundred  and  sixty-seven  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four. 

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

Approved  March  5,  1896. 


Cliap.VSl 


1894,  522,  §  i 
amended. 


Proceedings  In 
case  of  failure 
to  choose 
referees,  etc. 


An  Act  in  relation  to  the  compensation  op  referees  ap- 
pointed BY  the  insurance  COMMISSIONER. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  last  clause  of  section  sixty  of  chapter 
five  hundred  and  twenty-two  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-four  is  hereby  amended  by  adding 
thereto  the  following  words  :  — 

In  every  case  of  the  appointment  by  the  insurance  com- 
missioner of  said  third  referee  the  insuring  company  or 
companies  shall  withhold  from  the  amount  of  the  award 
rendered  one  half  of  the  compensation  and  expenses  of 
said  referee,  and  the  said  company  or  companies  shall 
thereupon  be  obligated  to  pay  to  the  said  referee  the  full 
amount  of  the  expenses  for  such  reference,  —  so  that  said 
closing  paragraph  of  said  section  shall  read  as  follows  :  — 

In  case  of  loss  under  any  fire  insurance  policy,  issued 
on  property  in  this  Commonwealth,  in  the  standard  form 
above  set  forth,  and  the  failure  of  the  parties  to  agree  as 
to  the  amount  of  loss,  if  the  insurance  company  shall  not, 
within  ten  days  after  a  written  request  to  appoint  referees 
under  the  provision  for  arbitration  in  such  policy,  name 
three  men  under  such  provision,  each  of  whom  shall  be  a 
resident  of  this  Commonwealth  and  willing  to  act  as  one 
of  such  referees  ;  and  if  also  such  insurance  company  shall 
not,  within  ten  days  after  receiving  the  names  of  three 
men  named  by  the  insured  under  such  provision,  make 
known  to  the  insured  its  choice  of  one  of  them  to  act  as 
one  of  such  referees,  it  shall  be  deemed  to  have  waived 
the  right  to  an  arbitration  under  such  policy,  and  be  liable 
to  suit  thereunder,  as  though  the  same  contained  no  pro- 
vision for  arbitration  as  to  the  amount  of  loss  or  damage. 
And  in  case  of  the  failure  of  two"  referees,  chosen,  respec- 
tivel}',  by  the  insurance  company  and  the  insured,  to  agree 
upon  and  select  w^ithin  ten  days  fi'om  their  appointment  a 
third  referee  willing  to  act  in  said  capacity,  either  of  the 
parties  may  within  twenty  days  from  the  expiration  of 
said  ten  days  make  written  application,  setting  forth  the 
facts,  to  the  insurance  commissioner  to  appoint  such  third 


Acts,  1896.  — Chaps.  138,  139.  95 

referee  ;  and  said  commissioner  shall  thereupon  make  such 
appointment  and  shall  send  written  notification  thereof  to 
the  parties.  In  every  case  of  the  appointment  by  the 
insurance  commissioner  of  said  third  referee  the  insuring 
company  or  companies  shall  withhold  from  the  amount  of 
the  award  rendered  one  half  of  the  compensation  and  ex- 
penses of  said  referee,  and  the  said  company  or  companies 
shall  thereupon  be  obligated  to  pay  to  the  said  referee 
the  full  amount  of  the  expenses  for  such  reference. 

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

Approved  March  5,  1896. 


An  Act  to  authorize  the  state  departments  and  commissions  (JJiar),\^S 

TO  BE  CLOSED  ON  THE  DAY  OF  THE  FUNERAL  OF  FREDERIC  T. 
GREENHALGE,  late  governor  OF  THE  COMMONWEALTH. 

Be  it  enacted^  etc.,  as  /olloivs: 

Section  1.     The  heads  of  the  several  departments  and  „  ^^^y  0°/'°''® 
commissions  of  the  state  ijovernment  are  hereby  author-  funeral  of 

"  ,  Frederic  T« 

ized  to  close  their  offices  during  the  ninth  day  of  March  in  Greenhaige. 
the  year  eighteen  hundred  and  ninety-six,  being  the  day 
of  the  funeral  ceremonies  of  Frederic  T.  Greenhaige,  late 
governor  of  the  Commonwealth. 

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

Approved  March  6,  1896. 


Chap.lSd 


An  Act  to  authorize  the  construction  of  a  public  highway 
in  the  town  of  bourne  and  of  highway  bridges  across 
certain  tide  waters  in  said  town. 

Be  it  enacted,  etc.,  as  f olloivs: 

Section  1.     The   selectmen   of  the   town   of  Bourne,  construction  of 
whenever  they  are  so  instructed  by  a  majority  of  the  legal  eS'inw^w^of ' 
voters  of  said  town  present  and  voting  at  any  annual  meet-  bourne, 
ing  of  said  town,  are  hereby  authorized  to  lay  out  and  con- 
struct, subject  to  the  provisions  of  chapter  nineteen  of  the 
Public  Statutes  and  the  provisions  of  law  relating  to  the 
laying  out  of  highways,  a  public  highway  extending  in  a 
generally  southerly  direction,  from  some  suitable  point  in 
the  county  highw^ay  in  the  village  of  Buzzard's  Bay  in  said 
town  to  some  suitable    point  in  the  northerly  boundary 
line  of  the  town  of  Falmouth,  at  such  time  and  in  such 
portions  as  the  voters  of  said  town  of  Bourne  at  an  annual 


96 


Acts,  1896.  — Chap.  139. 


Crossing  tracks 
of  Old  Colony 
Railroad  Com- 
pany. 


Apportionment 
of  expense. 


May  borrow 
upon  notes,  etc. 


To  be  void  un- 
less  constructed 
within  five 
years. 


1893,  178,  re- 
pealed. 


meeting  may  determine,  and  may  cross  all  tide  waters 
between  these  points.  Any  bridge  across  such  tide  waters 
shall  be  with  or  without  a  draw  therein,  as  the  board  of 
harbor  and  land  commissioners  or  other  authority  having 
jurisdiction  in  the  premises  may  determine.  Any  bridge 
across  Monument  river  constructed  under  the  provisions 
of  this  act  shall  be  located  at  some  convenient  point  within 
one  thousand  feet  east  of  the  present  railroad  bridge  on 
the  Woods  HoU  branch  of  the  Old  Colony  railroad,  and 
shall  be  constructed  of  such  material  as  the  legal  voters  of 
the  town  of  Bourne  at  an  annual  town  meeting  may  decide. 
Said  selectmen  may  purchase  or  otherwise  take  any  private 
bridges  in  the  line  of  such  layout. 

Section  2.  Nothing  in  this  act  shall  be  construed  to 
authorize  the  creation  of  any  grade  crossings  over  the 
tracks  of  the  Old  Colony  Railroad  Company.  In  case 
any  portion  of  the  highway  laid  out  under  this  act  would 
cross  said  tracks  said  crossing  shall  be  etfected  with  a 
•separation  of  grades,  and  the  provisions  of  law  relating 
to  the  abolition  of  grade  crossings  shall  apply  to  any  such 
crossing  by  said  highway,  and  the  expense  of  said  cross- 
ing shall  be  apportioned  as  in  the  case  of  an  existing 
highway. 

Section  3.  The  county  commissioners  of  the  county 
of  Barnstable,  upon  petition  of  said  selectmen,  may  allow 
from  the  treasury  of  said  county  to  the  town  of  Bourne 
such  sums  of  money  as  they  may  think  just  and  equitable 
to  indemnify  said  town  in  part  for  the  expense  of  building 
the  highway  provided  for  by  this  act. 

Section  4.  Said  county  or  said  town  of  Bourne  may 
severally  borrow  upon  their  note  or  notes  or  other  obliga- 
tions such  sums  as  they  severally  may  deem  necessary  to 
comply  with  the  provisions  of  this  act. 

Section  5.  This  act  shall  become  void  unless  the  high- 
way herein  provided  for  is  laid  out  and  constructed  before 
the  expiration  of  five  years  from  the  date  of  the  passage 
of  this  act. 

Section  6.  Chapter  one  hundred  and  seventy-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three 
is  hereby  repealed. 

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

Approved  March  11  ^  1896. 


Acts,  1896.  — Chaps.  140,  141.  97 


An  Act  to  extend  the  powers  of  fire  insurance  coMrANiES.  QJiQvy  \\{\ 
Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.  All  insurance  companies  authorized  to  Powers  of  ere 
transact  fire  insurance  business  in  this  Commonwealth  p^aXsesLnTd. 
may,  in  addition  to  the  business  which  they  are  now  au- 
thorized by  law  to  do,  insure  sprinklers,  pumps  and  other 
apparatus  erected  or  put  in  position  for  the  purpose  of 
extinguishing  fires,  against  damage,  loss  or  injury  result- 
ing from  accidental  causes,  other  than  fire ;  and  may  also 
insure  any  property  which  such  companies  are  authorized 
to  insure  against  loss  or  damage  by  fire,  against  damage, 
loss  or  injury  by  water  or  otherwise,  resulting  from  the 
accidental  breaking  of  or  injury  to  such  sprinklers,  pumps 
or  other  apparatus,  arising  from  causes  other  than  fire. 

Section  2.  Contracts  of  insurance  of  the  kind  pro- Form  of  con- 
vided  for  in  the  first  section  of  this  act  shall  not  be  in- 
corporated in  any  contract  of  insurance  against  loss  or 
damage  by  fire,  but  shall  be  contained  in  separate  and 
distinct  policies,  the  conditions  of  which  shall  be  pre- 
scribed by  the  insurance  commissioner  of  the  Common- 
wealth. 

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

Approved  March  11,  1896. 

An  Act  to  authorize  the  laying  out  and  construction  of  a  (JJiaj)  1 4I 

HIGHWAY  AND  BRIDGES  OVER  AND  ACROSS  GREEN'S  POND,  GREAT 
POND  OR  DEXTER'S  RIVER,  PERCH  POND  OR  WEIR  RIVER,  AND 
LITTLE   POND,  EN   THE   TOWN  OF   FALMOUTH. 

Be  it  enacted,  etc.,  as  follows: 

The  town  of  Falmouth  or  the  county  commissioners  for  constniction  of 
the  county  of  Barnstable  may  lay  out  and  construct,  or  blfS^iiTthe 
cause  to  be  constructed,  a  highway  and  bridges,  with  suit-  roomh^^^' 
able  approaches  thereto,  over  and  across  Green's  pond. 
Great  pond  or  Dexter's  river,  Perch  pond  or  Weir  river, 
and  Little  pond,  in  said  town,  subject  to  the  provisions 
of  chapters  nineteen  and  forty-nine  of  the  Public  Statutes 
and  of  any  other  laws  which  now  are  or  hereafter  may  be 
in  force  applicable  thereto.     Said  bridges  may  be  built 
with  or  without  draws,  as  may  be  determined  by  the  board 
of  harbor  and  land  commissioners. 

Approved  March  11,  1896. 


98  Acts,  1896.  — Chaps.  142,  143. 


ChapA4:2  ^^  ^^^"^  '^^  AUTHORIZE  THE  CITY  OF  NEWTON  TO  CREATE  A  DEBT 
OUTSIDE  OF  THE  DEBT  LIMIT,  FOR  THE  WIDENING  OF  CERTAIN 
STREETS. 

Be  it  enacted,  etc.,  as  folloivs : 

^ebiedwL'hl.        Section  1.     The  city  of  Newton,  to  meet  the  expenses 
youddebt  limit,  incuiTed  and  to  be  incurred  by  said  city  for  the  wideninof, 

i88ue  notes,  etc.  .  .  ^    ,^t  .  ~ 

locating  anew  and  construction  or  \V  ashmgton  street, 
south  of  the  Boston  and  Albany  railroad,  Park  street  and 
Tremont  street,  may  incur  indebtedness  and  may  therefor 
and  for  any  indebtedness  already  incurred  in  such  widen- 
ing, locating  anew  and  construction,  issue  notes,  bonds 
or  scrip  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.  s.  29,  etc.,  amendment  thereof  and  in  addition  thereto.  The  provi- 
sions of  said  chapter  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. 

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

Approved  March  11,  1896. 


(7/irt».143  "^^  -^^"^  "^^  AUTHORIZE  THE  EDISON  ELECTRIC  ILLUMINATING  COM- 
PANY OF  FALL  RIVER  TO  DISPOSE  OF  ITS  PROPERTY  AND  FRAN- 
CHISE  TO  THE  FALL  RIVER  ELECTRIC   LIGHT   COMPANY. 

Be  it  enacted,  etc. ,  as  follows : 
vr%lny,^fr-in.        Section    1.     The  Edison  Electric   Illuminating  Com- 
F^airiifver '°      P^^^J  ^^  ^''^^^  Rivcr  is  hereby  authorized,  upon  a  vote  of 
Electric  Light     its  stockholdcrs  at  a  meeting  duly  called  for  that  purpose, 
companj.         ^^  ^^jj^  transfer  and  convey  its  property,  rights,  licenses, 
privileges  and  franchises  to  the  Fall  River  Electric  Light 
Company,  which  is  hereby  authorized,  upon  a  vote  of  its 
stockholders  at  a  meeting  duly  called  for  that  purpose,  to 
purchase  the  same ;  and  upon  such  sale,  transfer  and  con- 
veyance, the  said  property,  rights,  licenses,  privileges  and 
franchises  shall  be  held  and  enjoyed  by  the  said  Fall  River 
Electric  Light  Company,  in  as  full  and  complete  a  manner 


Acts,  1896.  — Chaps.  144,  145.  99 

as  the  same  are  now  held  and  enjoyed  by  the  said  Edison 
Electric  Illuminating  Company. 

Section  2.  The  said  Fall  River  Electric  Light  Com-  May  increase 
pany  is  hereby  authorized  to  increase  its  capital  stock  from  etc.""'  ^^'"^^' 
two  hundred  thousand  dollars,  its  present  amount,  to  three 
hundred  and  fifty  thousand  dollars,  and  the  number  of 
shares  from  two  thousand,  the  present  number,  to  thirty- 
five  hundred,  and  to  issue  the  shares  of  such  increase  to 
the  said  Edison  Electric  Illuminating  Company  or  to  its 
stockholders,  in  payment  for  the  said  property,  rights, 
licenses,  privileges  and  franchises  :  provided,  hoivever,  that  P'o^'sos. 
the  said  Fall  River  Electric  Light  Company  shall,  upon 
the  transfer  and  conveyance  to  it  as  above-named,  assume 
and  be  responsible  for  all  debts  and  liabilities  of  the  said 
Edison  Electric  Illuminating  Company ;  and  provided, 
further,  that  the  issue  of  new  stock  shall  be  made  in 
accordance  with  the  provisions  of  chapter  four  hundred 
and  fifty  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four. 

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

Approved  March  11,  1896. 

An  Act  to  change  the  name  of  the  trustees  of  the  worces-  ni^fiy^  TdA. 

TER   ACADEMY  IN   WORCESTER.  "' 

Be  it  enacted,  etc. ,  as  foUotvs  : 

Section  1.     The  name  of  The  Trustees  of  the  Worces-  Name  changed. 
ter  Academy  in  Worcester  is  hereby  changed  to  Worces- 
ter Academy. 

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

Approved, March  11,  1896. 


(7/i«29.145 


An  Act  to  extend  the  time  for  the  construction  of  the 
southbridge,  sturbridge  and  brookfield  railroad. 

Be  it  enacted,  etc. ,  as  foUoivs : 

Section  1.  The  time  within  which  to  complete  the  Time  extended. 
construction  of  the  railroad  of  the  Southbridge,  Stur- 
bridge  and  Brookfield  Railroad  Company  is  hereby  ex- 
tended to  the  first  day  of  May  in  the  year  eighteen  hun-  » 
dred  and  ninety-nine  ;  and  all  the  rights,  powers,  privileges 
and  franchises  originally  possessed  or  enjoyed  by  said 
company  shall  continue  and  be  enjoyed  bj'  it  during  such 
time  and  thereafter,  if  its  railroad  is  constructed  within 
said  time,  in  the  same  manner  and  with  the  same  effect  as 


100 


Acts,  1896.  — Chaps.  146,  147,  148. 


When  to  take 
effect. 


if  it  had  been  constructed  within  the  time  prescribed  by 
law. 

Section  2.     This  act  shall  take  effect  on  the  tirst  day 
of  May  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  March  11,  1896. 


CA«7?.146  ■'^^  -^CT  TO  AUTHORIZE  THE  TRUSTEES   OK  TUFTS   COLLEGE  TO   HOLD 
REAL   ESTATE  IN   THE   CITV   OF   BOSTON. 


May  hold  real 
estate  in  Boston. 


Be  it  enacted,  etc.,  as  follows: 

The  Trustees  of  Tufts  College  may  own  and  occupy 
real  estate  in  the  city  of  Boston  for  all  purposes  for  which 
they  were  incorporated.  yl^^proved  3farc/t  11,  1896. 


(JJiaj),1.4:7  -^^  -'^CT   RELATIVE   TO   CLERICAL   ASSISTANCE   FOR  THE    TREASURER 

OF   THE   COUNTY   OF   ESSEX. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Section  one  of  chapter  three  hundred  and 
ten  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine  is  hereby  amended  by  striking  out  in  the  third  line, 
the  word  "  four",  and  inserting  in  place  thereof  the  word : 
—  six,  —  so  as  to  read  as  follows  :  —  Section  1.  The  treas- 
urer of  the  county  of  Essex  shall  be  allowed  for  clerical 
assistance  a  sum  not  exceeding  six  hundred  dollars  a  year, 
to  be  paid  out  of  the  treasury  of  the  county  to  persons 
who  actually  perform  the  work,  upon  their  certificate  that 
the  work  is  actually  performed  by  them. 

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

Approved  March  11,  1896. 


1889,  310,  §  1, 
amended. 


Clerical 
assistance. 


OA«2?.148  -^   ^^"^    RELATIVE    TO    APPROPRIATIONS    FOR    THE    CITY    HOSPITAL 

IN  THE   CITY   OF   QUINCY. 


Quincy  city 
hospital. 


Repeal. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Quincy  is  hereby  authorized 
to  raise  by  taxation  a  sum  of  money  not  exceeding  five 
thousand  dollars  per  year,  and  appropriate  the  same 
towards  the  maintenance  and  support  of  the  city  hospital 
in  said  city. 

Section  2.  Section  six  of  chapter  one  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine  is  hereby  repealed. 

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

AppQ'oved  March  11, 1896. 


Acts,  1896.  — Chaps.  149,  150.  101 


An  Act  making  appropriations  for  salaries  and  expenses  in  (JJia7)A4Q 

THE   OFFICE   OF   THE   STATE   FIRE   MARSHAL. 

Be  it  enacted,  etc.,  as  folio ivs : 

Section  1.  The  sums  hereinafter  mentioned  are  a-p-  Appropriationa. 
p.ropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
s})ecitied,  to  meet  expenses  for  the  year  ending  on  the 
thiity-first  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  to  wit :  — 

For  the  salary  of  the  state  fire  marshal,  forty-five  liun-  state  fire 

,,,,,''  '  ^  naarshal. 

dred  dollars. 

For  the  salary  of  the  deputy  fire  marshal,  twenty-five  Deputy. 
hundred  dollars. 

For  the  salary  of  the  clerk  of  the  state  fire  marshal,  ^'"^" 
fourteen  hundred  dollars. 

For  the  salaries  of  the  two  stenographers  in  the  ofiice  of  stenographers, 
the  state  fire  marshal,  eleven  hundred  dollars  each. 

For  the  salaries  of  the  two  chiefs  of  aids  in  the  ofiice  of  ^^^"^^  °^  *''^*' 
the  state  fire  marshal,  twelve  hundred  dollars  each. 

For  the  salaries  of  the  eleven  aids  and  one  chief  of  secret  ^^'^^'  ^^''^ 
service  in  the  ofiice  of  the  state  fire  marshal,  one  thousand 
dollars  each  ;  and  for  the  salary  of  a  messenger,  four  hun- 
dred dollars. 

For  travelling,  contingent  and  incidental  expenses,  the  Travelling,  etc., 
same  to  include  the  services  and  expenses  of  persons  em- 
plo^ed  in  outside  secret  investigations,  and  fees  of  wit- 
nesses, under  the  direction  of  the  state  fire  marshal,  a  sum 
not  exceeding  fourteen  thousand  dollars. 

For  postage,  printing,  stationery,  telephone,  telegrams,  Expenses. 
incidental  and  contingent  ofiice  expenses  of  the  state  fire 
marshal,  a  sum  not  exceeding  twenty-five  hundred  dollars. 

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

Approved  March  13,  1896. 


Chap.150 


An  Act  to  supply  the  village  of  millers  falls  with  water. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  inhabitants  of  the  village  of  Millers  Miners  Faiis 
Falls  in  the  county  of  Franklin,  liable  to  taxation  in  the  Di8tru:t^hfco'r^ 
town  of  Montague  and  residing  within  the  territory  en-  p"''*"^'*- 
closed  by  the  following  boundary  lines,  to  wit: — Begin- 
ning at  the  point  where  the  Fitchburg  railroad  crosses  the 


102 


Acts,  1896.  — Chap.  150. 


Millers  Falls 
Water  Supply 
District  incor- 
porated. 


May  take  cer- 
tain waters, 
lands,  etc. 


May  erect  build 
ings,  lay  down 
pipes,  etc. 


line  of  the  New  London  and  Northern  railroad,  thence  by 
a  line  bearing  north  thirty-four  degrees  east  to  a  point  in 
the  Wendell  road  two  hundred  feet  easterly  from  the  house 
of  Joseph  Harrison ;  thence  in  a  straight  line  bearing 
north  thirty-three  degrees  twenty  minutes  west  to  the 
Millers  river ;  thence  by  said  Millers  river,  down  stream, 
to  the  bridge  at  the  crossing  of  the  county  road  leading 
from  Montague  to  Northiield ;  thence  by  said  county  road 
southwesterly  to  the  road  leading  from  Millers  Falls  to 
Turners  Falls ;  thence  by  a  straight  line  to  the  point  of 
beginning,  —  shall  constitute  a  water  district,  and  are 
made  a  body  corporate,  by  the  name  of  the  Millers  Falls 
Water  Supply  District,  for  the  purpose  of  supplying  them- 
selves with  water  for  the  extinguishment  of  fires  and  for 
domestic  and  other  purposes,  with  power  to  establish 
fountains  and  hydrants  and  relocate  or  discontinue  the 
same,  and  to  take  and  hold  property,  lands,  rights  of  way 
and  easements,  by  purchase  or  otherwise,  for  the  purposes 
mentioned  in  this  act,  and  to  prosecute  and  defend  in  all 
actions  relating  to  the  property  and  affairs  of  the  district. 
Section  2.  Said  water  supply  district,  for  the  purpose 
aforesaid,  may  take  by  purchase  or  otherwise  and  hold 
the  waters  of  Lyon's  brook  and  any  or  all  of  its  tributaries 
in  the  towns  of  Montague  and  Wendell,  and  the  waters  of 
any  springs  or  other  sources  on  the  watershed  of  said 
brook,  with  the  water  rights  connected  therewith.  Said 
district  may  also  take  by  purchase  or  otherwise  and  hold 
all  lands,  rights  of  way  and  easements  in  the  towns  of 
Montague  and  Wendell  necessary  for  taking,  holding, 
preserving  and  improving  such  waters  and  conveying 
the  same  to  and  through  any  and  all  parts  of  said  Millers 
Falls  Water  Supply  District,  and  said  district  may  erect 
and  construct  on  the  lands  thus  taken  or  held  proper 
dams,  buildings,  fixtures  and  other  structures,  and  such 
other  things  as  may  be  necessary  for  providing  and  main- 
taining complete  and  efiicieut  water  works ;  and  for  that 
purpose  may  construct,  lay  down  and  maintain  aqueducts, 
conduits,  pipes  and  other  works,  under  or  over  any  lands, 
water  courses,  roads,  railroads  or  other  ways,  and  along 
any  street,  highway  or  other  way  in  the  towns  of  Mon- 
tague or  Wendell,  in  such  manner  as  when  completed  shall 
not  unnecessarily  obstruct  the  same  ;  and  for  the  purpose  of 
constructing,  laying  down,  maintaining  and  repairing  such 
aqueducts,  conduits,  pipes  and  other  works,  and  for  all 


Acts,  1896.  — Chap.  150.  103 

other  purposes  of  this  act,  said  water  supply  district  may  May  dig  up 

xj-»/  wavsetcsiil)- 

dig  up,  raise  and  embank  any  such  lands,  highways  or  jecttodire'ctiou 
other  ways,  in  such  manner  as  to  cause  the  least  hindrance  o^  «<=i«"'^"^""- 
to  public  travel ;  but  all  things  done  upon  any  street,  road 
or  highway  shall  be  subject  to  the  direction  of  the  select- 
men of  the  town  in  which  such  street,  road  or  highway  is 
situated. 

Section  3.  Said  water  supply  district,  for  the  purpose  May  contract 
aforesaid,  may  contract  witli  the  Turners  Falls  Fire  I)is-  Fails  FiU'Di-.- 
trict  for  a  supply  of  w^ater  for  the  purposes  herein  named,  ofwater!"^^'''^ 
on  such  terms  and  conditions  as  may  be  agreed  upon  by 
said  Turners  Falls  Fire  District  and  said  water  supply 
district,  and  said  Turners  Falls  Fire  District  may  furnish 
such  supply  of  water  from  the  Turners  Falls  water  works  : 
provided,  hoivever,  that  nothing  contained  herein  shall  be  Proviso. 
construed  to  compel  said  fire  district  to  furnish  said  water. 
Said  water  supply  district  may  construct  such  reservoirs 
and  standpipes,  construct,  lay  down  and  maintain  such 
aqueducts,  conduits,  pipes  or  other  works,  under  or  over 
any  lands,  water  courses,  roads,  railroads  or  other  ways, 
and  in  any  street,  highway  or  other  way  within  the  limits 
of  said  district,  as  may  be  necessary  for  the  storing  and 
distributing  of  such  water ;  and  for  the  purpose  of  con- 
structing, laying  down,  maintaining  and  repairing  such 
aqueducts,  conduits,  pipes  and  other  works,  and  for  all 
other  necessary  purposes  of  this  act,  said  district  may  dig 
up,  raise  and  embank  any  such  lands,  highways  or  other 
ways,  in  such  manner  as  to  cause  the  least  hindrance  to 
public  travel ;  but  all  things  done  upon  any  street,  road 
or  highway  shall  be  subject  to  the  direction  of  the  select- 
men of  the  town  of  Montague. 

Section  4.     Said  Millers  Falls  Water  Supply  District  P'^«"'if°"°'; 

1^1     "J  landK,  etc.,  to  bc! 

shall,  within  ninety  days  after  the  taking  of  any  lands,  recorded. 
rights  of  way  or  easements  as  aforesaid,  otherwise  than 
by  purchase,  file  and  cause  to  be  recorded  in  the  registry 
of  deeds  for  the  county  of  Franklin  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purpose  for  which  the  same  were  taken,  signed  by  the 
water  commissioners  hereinafter  provided  for. 

Section   5.     Said  Millers  Falls  Water  Supply  District  Damages. 
shall  be  liable  to  pay  all  damages  sustained  by  any  person 
or  corporation  in  property  by  the  taking  of  any  water, 
water  source,  water  rights,  lands,  rights  of  way  or  ease- 
ments, or  by  the  construction  of  any  reservoir,  standpipe 


104 


Acts,  1896.  — Chap.  150. 


MlllerB  Falls 
Water  Supply 
District  Loan. 


Payment  of 
loan. 


Payment  of 
expenses,  etc. 


or  other  works  for  the  purposes  aforesaid,  or  by  any  other 
thing  done  by  said  district  under  the  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  aforesaid 
under  this  act,  and  failing  to  agree  with  said  district  as  to 
the  amount  of  damages,  may  have  them  assessed  and  de- 
termined in  the  manner  provided  where  land  is  taken  for 
highways,  by  making  a  written  application  therefor  within 
one  year  after  the  taking  of  such  land  or  other  property 
or  the  doing  of  other  injury  under  the  authority  of  this 
act,  but  no  such  application  shall  be  made  after  the  expira- 
tion of  said  year. 

Section  6.  For  the  purpose  of  paying  all  expenses 
and  liabilities  incurred  under  the  provisions  of  this  act 
said  district  may  issue  bonds,  notes  or  certificates  of  debt 
from  time  to  time,  signed  by  the  treasurer  of  the  water 
supply  district  and  countersigned  by  the  chairman  of  the 
water  commissioners  hereinafter  provided  for,  to  be  de- 
nominated on  the  face  thereof.  Millers  Falls  Water  Supply 
District  Loan,  to  an  amount  not  exceeding  twenty  thou- 
sand dollars,  payable  at  periods  not  exceeding  thirty  years 
from  the  date  of  issue,  and  bearing  interest  payable  semi- 
annually at  a  rate  not  exceeding  six  per  cent,  per  annum. 
And  said  district  may  sell  said  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  it  may  deem  proper.  Said  dis- 
trict shall  pay  the  interest  upon  said  loan  as  it  accrues, 
and  shall  provide  for  the  payment  of  said  principal  at 
maturity  by  establishing  at  the  time  of  contracting  said 
debt  a  sinking  fund,  or  from  year  to  year  by  such  propor- 
tionate payments  as  will  extinguish  the  same  within  the 
time  prescribed  by  this  act.  If  said  district  shall  decide 
to  establish  a  sinking  fiind  it  shall  contribute  thereto  an- 
nually a  sum  sufficient  with  its  accumulations  to  pay  the 
principal  of  said  loan  at  maturity ;  and  said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
debt  and  shall  be  used  for  no  other  purpose.  If  said  dis- 
trict shall  decide  to  pay  the  principal  of  said  loan  by  in- 
stalments such  amounts  as  may  be  necessary  to  make  such 
payments  shall  without  further  vote  of  said  district  be 
raised  annually  by  taxation,  in  the  same  way  as  money  is 
raised  for  town  expenses. 

Section  7.  Said  district  shall  raise  by  taxation  annu- 
ally a  sum  which  with  the  income  derived  from  the  sale 


Acts,  1896.  — Chap.  150.  105 

of  water  shall  be  sufficient  to  pay  the  current  annual  ex- 
penses of  operating  its  water  works  and  the  interest  accru- 
ing on  the  bonds  issued  by  said  district,  together  with 
such  payments  on  the  principal  as  may  be  required  under 
the  provisions  of  this  act.  Said  district  is  further  author- 
ized, by  a  two  thirds  vote  of  the  voters  of  said  district 
present  and  voting  at  a  legal  meeting  called  for  the  pur- 
pose, to  raise  by  taxation  any  sum  of  money  for  the  pur- 
pose of  enlarging  or  extending  its  water  works  and 
providing  additional  pipes,  appliances  and  fixtures  con- 
nected therewith,  not  exceeding  two  thousand  dollars  in 
any  one  year. 

Section  8.     Whenever  a  tax  is  duly  voted  by  said  dis-  Assesament, 
trict  for  the  purposes  of  this  act  the  clerk  shall  render  a  ^'^''^ 
certified  copy  of  the  vote  to  the  assessors  of  the  town  of 
Montague,  who  shall  proceed  within  thirty  days  to  assess 
the  same  in  the  same  manner  in  all  respects  as  town  taxes 
are  required  by  law  to  be  assessed.     The  assessment  shall 
be  committed  to  the  town  collector,  who  shall  collect  said 
tax  in  the  same  manner  as  is  provided  for  the  collection 
of  town  taxes,  and  shall  deposit  the  proceeds  thereof  with 
the  district  treasurer  for  the  use  and  benefit  of  said  dis- 
trict.    Said  district   may  collect  interest  on  taxes   when 
overdue  in  the  same  manner  as  interest  is  authorized  to 
be  collected  on  town  taxes :  2J7'ovided,  said  district  at  the  Proviso. 
time  of  voting  to  raise  the  tax  shall  so  determine  and 
shall  also  fix  a  time  for  payment  thereof. 

Section  9.  Said  district  may  make  such  contracts  contracts,  water 
with  individuals,  corporations  and  the  town  of  Montague  ^^  ^^'  ^^'^' 
for  supplying  water  as  may  be  agreed  upon,  and  may  fix 
and  collect  water  rates  for  the  use  of  such  water;  and 
said  district  may  discontinue  or  shut  otf  the  water  for  the 
non-payment  of  such  rates  and  for  violation  of  the  terms 
of  any  contract  or  agreement  which  may  be  made  with 
individuals,  corporations  and  the  said  town  by  said 
district. 

Section  10.  The  first  meeting  of  said  district  shall  First  meeting, 
be  called  on  petition  of  ten  or  more  legal  voters  therein, 
by  a  warrant  from  the  selectmen  of  the  town  of  Montague, 
or  from  a  justice  of  the  peace,  directed  to  one  of  the  peti- 
tioners, requiring  him  to  give  notice  of  the  meeting  by 
posting  copies  of  said  warrant  in  two  or  more  public 
places  in  said  district  seven  days  at  least  before  the  time 
of  said  meeting,  and  by  publishing  such  notice  thereof  as 


etc. 


106  Acts,  1896.  — Chap.  150. 

the  warrant  may  require,  in  any  newspaper  published  in 
said  town.  One  of  the  selectmen  shall  preside  at  the 
meeting  until  a  clerk  is  chosen  and  sworn.  After  the 
choice  of  a  moderator  for  said  meeting  the  question  of 
the  acceptance  of  this  act  shall  be  submitted  to  the  voters, 
and  if  it  shall  be  accepted  by  a  two  thirds  vote  of  the 
voters  present  and  voting  thereon  it  shall  go  into  effect, 
and  the  meeting  may  then  proceed  to  act  on  the  other 
articles  contained  in  the  warrant. 

JonlTsXTion,      Section  11.     Said  Millers  Falls  Water  Supply  District 

terms,  etc.  shall,  after  its  acceptance  of  this  act  at  a  legal  meeting 
called  for  the  purpose,  elect  by  ballot  three  persons  to 
hold  office,  one  until  the  expiration  of  three  years,  one 
until  the  expiration  of  two  years  and  one  until  the  expira- 
tion of  one  year  from  the  next  succeeding  annual  meeting, 
to  constitute  a  board  of  water  commissioners,  and  at  each 
annual  meeting  thereafter  one  such  commissioner  shall  be 
elected  by  ballot  for  the  term  of  three  years.  All  the 
authority  granted  to  said  district  by  this  act  and  not 
otherwise  specifically  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 

of°8i'nidn"g'fund.  district  may  impose  by  its  vote.  Said  commissioners  shall 
be  trustees  of  the  sinking  fund  herein  provided  for  and  a 
majority  of  said  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business  relative  both  to  the  water 

Vacancy,  etc.  works  and  to  the  sinking  fund.  Any  vacancy  occurring 
in  said  board  from  any  cause  may  be  filled  for  the  remainder 
of  the  unexpired  term  by  said  water  supply  district  at  any 
legal  meeting  called  for  the  purpose.  No  money  shall  be 
drawn  from  the  district  treasury  on  account  of  said  water 
works  except  by  a  written  order  of  said  commissioners  or 

Annual  report,  a  majority  of  them.  Said  commissioners  shall  annually 
make  a  full  report  to  said  district  in  writing  of  their  do- 
ings and  expenditures. 

meeung^^etc  SECTION  12.     Said  district  may  adopt  by-laws  prescrib- 

ing by  whom  and  how  meetings  may  be  called  and  notified, 
but  meetings  may  also  be  called  on  application  of  ten  or 
more  legal  voters  in  said  district,  by  warrant  as  provided 
in  section  ten.  Said  district  may  also  provide  rules  and 
regulations  for  the  management  of  its  water  works,  not 
inconsistent  with  this  act  or  the  laws  of  this  Common- 
wealth, and  may  choose  such  other  oflScers  not  provided 
for  in  this  act  as  it  may  deem  proper  and  necessary. 


Acts,  1896.  — Chaps.  151,  152,  153.  107 

Section  13.  Whoever  wilfully  or  wantonly  corrupts,  ^oTupuon'of 
pollutes  or  diverts  any  of  the  water  obtained  or  supplied  ^"'e"-.  etc 
under  this  act,  or  wilfully  or  wantonly  injures  any  reser- 
voir, standpipe,  aqueduct,  pipe  or  other  property  owned 
or  used  by  said  district  for  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  said  district  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort,  and  upon  conviction  of  either  of  the  above  acts  shall 
be  punished  by  a  fine  not  exceeding  one  hundred  dollars 
or  by  imprisonment  not  exceeding  six  months. 

Section  14.     This  act  shall  take  effect  upon  its  passage,  ^hento  take 
but  shall  become  void  unless  accepted  by  a  two  thirds  vote 
of  the  voters  of  said  district  present  and  voting  thereon  at 
any  legal  district  meeting  called  for  the  purpose  within 
three  years  from  its  passage.     Approved  March  18,  1896. 

Ak  Act  to  authorize  the  Arlington  mills  to  increase  its  (J]i(ij).\^\ 

CAPITAL   STOCK. 

Be  it  enacted,  etc. ,  as  folloios  : 

Section  1.  The  Arlington  Mills,  a  corporation  located  ^^^tl"Bwok^ 
in  the  city  of  Lawrence,  is  hereby  authorized  to  increase 
its  capital  stock  to  an  amount  not  exceeding  two  million 
five  hundred  thousand  dollars,  suliject  to  the  provisions 
of  the  general  laws  regulating  the  issue  and  payment  of 
capital  stock  of  such  corporations. 

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

Approved  March  18,  1896. 


Chap.152 


An  Act  to  authorize  towns  to  appropriate  money  for  the 
celebration  of  the  fourth  of  july. 

Be  it  enacted,  etc.,  as  folloim: 

Section  1.     Any  town  may  by  vote  at  its  annual  town  celebration  of 
meeting   appropriate    money    for   the    celebration  of  the    ^"^^^  °    "  ^' 
Fourth  of  July. 

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

Approved  March  18,  1896. 


Chap.l5d 


An  Act  to  exempt  from  taxation  a  certain  portion  of  the 
estate  of  the  late  mary  hemenway. 

Be  it  eyiacted,  etc.,  as  folloios: 

Section  1.     All  that  portion  of  the  property  devised  ^f®eg*|j°/°["he 
or  bequeathed  to  or  in  the  hands  of  trustees  under  the  will  late  Mary 


108  Acts,  1896.  — Chaps.  154,  155. 

Hemenway  of  Marj  Hemenwaj,  late  of  Milton,  and  their  successors 
Sion!'^°™  in  said  trust,  the  income  of  which  is  by  the  terms  of  said 
will  to  be  appropriated,  paid  over,  expended  and  disposed 
of  for  such  charitable  uses  for  the  public  benefit  as  are 
allowed  and  can  be  sustained  by  law  in  or  for  the  period 
of  not  more  than  fifteen  years,  shall  during  such  time  be 
exempted  from  taxation,  which  shall  be  taken  to  include 
as  well  the  tax  imposed  by  chapter  four  hundred  and 
twenty-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  and  all  other  acts  in  amendment  thereof  or  in 
addition  thereto,  as  all  other  taxes  however  otherwise 
imposed. 

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

Ajyproved  March  18,  1896. 

CliaV  154  -^^  ^^'^  "^^   AUTHORIZE   THE   TOWN    OF    FALMOUTH    TO    CONSTRUCT 
AND   MAINTAIN   BRIDGES   IN   SAID   TOWN. 

Be  it  enacted,  etc.,  asfolloivs: 

May  lay  out  -pj     towu  of  Falmouth  mav  lay  out  a  town  way  or  high- 

highway,  etc.,  ,  ,11  •  •    i       Tl  -15 

iu Falmouth,  way  ui  Said  towu,  over  the  creek  runnmg  into  Buzzards 
Bay  and  known  as  Herring  river,  and  also  over  the  creek 
running  into  Wild  harbor,  and  may  also  build  and  main- 
tain a  bridge  over  each  of  said  creeks,  subject  to  the  pro- 
visions of  chapters  nineteen  and  forty-nine  of  the  Public 
Statutes  and  of  any  other  laws  which  now  are  or  hereafter 
may  l)e  in  force  applicable  thereto. 

Approved  March  18, 1896. 


ChciV,155  ^^  ^^'^  '^^  AUTHORIZE  THE  TOWN  OF  FALMOUTH  TO  RAISE  AND  AP- 
PROPRIATE MONEY  FOR  THE  CONSTRUCTION  AND  MAINTENANCE 
OF  A   BREAKWATER, 

Be  it  enacted,  etc.,  as  foUoios : 

^tc°Tf'abreuk-       Section  1.     The  town  of  Falmouth  is  hereby  author- 
water  loFai-      ized  to  raise  and  appropriate  money  at  its  annual  town 

mouth.  .  „  ^  /•  J  J.  1  '     j^    •     • 

meetings  for  the  purpose  ot  constructing  and  maintaining 
a  breakwater  within  the  waters  of  said  town,  for  the  pro- 
tection of  boats  and  small  vessels  anchoring  within  the 
same. 

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

Approved  March  18,  1896. 


Acts,  1896.  — Chaps.  156,  157.  109 

An  Act  to  provide  for  the  appointment  of  a  reserve  police  Cjlinrf.  \K^ 

FORCE  IN  THE   CITY   OF   SALEM.  " 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  mayor  and  aldermen  of  the  city  of  ^^Jrvepouce" 
Salem  may  from  time  to  time,  under  such  rules  as  the  civil  fo'^e. 
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  be  subject  to  such  rules  and  regu- 
lations as  the  board  of  aldermen  of  said  city  may  from 
time  to  time  prescribe,  and  who  may  be  removed  by  the 
mayor  and  aldermen  of  said  city  for  any  reason  satisfactory 
to  them.  The  mayor  of  said  city  may  assign  the  members 
of  said  reserve  police  force  to  duty  in  said  city  whenever 
and  for  such  time  as  he  shall  deem  necessary,  and  when 
on  duty  they  shall  have  and  exercise  all  the  powers  and 
duties  held  and  exercised  by  the  police  of  said  city. 

Section  2.  All  appointments  upon  the  regular  force  AppointmPDts 
of  said  city  shall  })e  made  from  the  reserve  police  force,  fdr""/''^"''"^ 
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  by  the  city  of  Salem,  when  on  duty,  such 
compensation  as  the  board  of  aldermen  of  said  city  may 
from  time  to  time  prescribe. 

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

Approved  March  18,  1896. 

An   Act   to  authorize   the   stockbridge  water  company  to  Qliar).\57 

FURNISH   WATER  TO   THE  INHABITANTS   OF   THE   TOWN   OF  LEE. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  The  Stockbridge  Water  Company  may  ^layfurmBh 
furnish  water  to  the  inhabitants  of  that  portion  of  the  tantsofLee. 
town  of  Lee  situated  within  one  and  one  half  miles  of  the 
boundary  line  between  said  town  and  the  town  of  Stock- 
bridge,  for  domestic  and  other  purposes,  to  the  same 
extent  and  in  the  same  manner  that  it  is  by  its  act  of  in- 
corporation authorized  to  furnish  water  to  the  inhabitants 


110  Acts,  189G.  — Chap.  158. 

of  Stockbridge  ;  and  for  that  purpose  shall  have  and  exer- 
cise in  that  portion  of  the  town  of  Lee  situated  within  one 
and  one  half  miles  of  the  boundary  line  between  said  town 
and  the  town  of  Stockbridge,  all  the  rights,  powers  and 
privileges  which  it  is  or  may  be  authorized  to  exercise 
in  the  town  of  Stockbridge. 
Damages.  SECTION  2.     Said   Stockbridgc  Water   Company  shall 

pay  all  damages  sustained  by  any  person  in  property  by 
any  act  or  thing  done  by  it  under  the  authority  of  this  act, 
the  same  to  be  assessed,  determined  and  paid,  in  the  man- 
ner provided  in  the  act  of  incorporation  of  said  com- 
pany. 

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

A2y2yroved  March  IS,  1896. 

Chap.l5S  ^^^   ■'^CT   RELATIVE  TO   THE   APPORTIONMENT    OF    ASSESSMENTS    FOR 

BETTERMENTS. 

Be  it  enacted,  etc.,  as  foUoics : 

&lelZ7utf  Section  1.  If  the  owner  of  any  real  estate  upon  which 
for  betterments,  an  asscssmcut  for  bcttcrments  is  laid  under  the  provisions 
of  law  relating  to  streets  and  highways,  at  anytime  before 
demand  made,  gives  notice  to  the  board  making  such 
assessment,  to  apportion  the  same,  said  board  shall  appor- 
tion such  assessment  into  such  number  of  equal  parts,  not 
exceeding  ten,  as  said  owner  shall  in  said  notice  state,  and 
shall  certify  such  apportionment  to  the  assessors  ;  and  the 
assessors  shall  add  one  of  said  parts  to  the  annual  tax  of 
said  estate  for  each  of  the  years  next  ensuing  until  all  the 
parts  shall  have  been  so  added ;  and  all  such  assessments 
remaining  unpaid  after  they  become  due  shall  draw  interest 
until  payment  thereof. 

In  cases  when  ^<  a         r  'i-i  i  j        n 

asseBsments  SECTION  z.     Ill  au}^  casc  HI  which  such  asscssuients  for 

befo^re^'passag'l  bettcrmeuts  have  been  laid  before  the  passage  of  this  act, 
of  act,  etc.  yj.  shall  hereafter  be  laid,  and  in  which  the  owner  of  the 
estate  upon  which  the  same  are  laid  shall  petition  the 
board  making  such  assessments  so  to  do,  said  board  may 
in  its  discretion  apportion  such  assessments  into  such 
number  of  parts,  not  exceeding  ten,  as  said  owner  shall  in 
his  said  petition  state,  and  shall  certify  such  apportionment 
to  the  assessors ;  and  said  assessors  shall  add  one  of  said 
parts,  with  interest  from  the  date  of  apportionment,  to  the 
annual  tax  of  said  estate  for  each  of  the  years  next  ensuing, 
until  all  the  parts  shall  have  been  so  added :  and  all  such 


Acts,  1896.  — Chap.  159.  Ill 

assessments  remaining  unpaid  after  they  become  due  shall 
draw  interest  until  payment  thereof. 

Section  3.     All  liens  for  the  collection  of  such  assess-  Liens  for  coiiec 
ments  named  in  this  act  shall  continue  until  the  expiration  ilTent's.  ***®*^' 
of  two  years  from  the  time  when  the  last  instalment  is 
committed  to  the  collector,  and  interest  shall  be  added  to 
all  such  assessments  until  they  are  paid :  provided,  that  Proviso. 
nothing  herein  contained  shall  be  construed  to  prevent  the 
payment  at  any  time  in  one   payment  of  any  balance  of 
said  assessments  then  remaining  unpaid,  notwithstanding 
a  prior  apportionment. 

Section  4.     This  act  shall  take  effect  in  any  city  when  when  to  take 
accepted  by   the  city  council  thereof,  and  in   any  town  ^ 
when  accepted  by  a  majority  of  the  legal  voters  thereof 
present  and  voting  thereon  at  a  town  meeting  called  for 
the  purpose.  Approved  March  18,  1896. 


An  Act  to  incorporate  the  middleborough  and  lakeville 

STREET     railway   COMPANY. 


Chap,159 


Be  it  enacted,  etc. ,  as  follows : 

Section  1.     George  E.  Wood,  John  C.  Sullivan,  David  Slakevnif** 
G.  Pratt,  Euo-ene  L.  LeBaron,  Harry  P.  Sparrow,  John  street  uaiiway 

ivT      -i»  T^    •  T^        1       •    1        4        m         11  ji      •  'J  T    Company  incor- 

JN.  Main,  ±*rederick  A.  Shockley,  their  associates  and  porated. 
successors,  are  hereby  made  a  corporation  under  the 
name  of  the  Middleborough  and  Lakeville  Street  Railway 
Company  ;  with  all  the  powers  and  privileges  and  subject 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  that  now  are  or  hereafter  may  be  in  force 
relating  to  street  railway  companies. 

Section  2.     Said   company   is   hereby   authorized   to  May  construct 
construct  and  operate  a  railway,  with  single  or  double  railway ^in'' "^ 
tracks,  with  convenient  turn-outs  and  switches,  over  and  ^udHakevuil.'^ 
upon  such  streets  or  highways  in  the  towns  of  Middle- 
borough and  Lakeville  as  shall  be  from  time  to  time  fixed 
and  determined  upon  by  the  selectmen  of  the  towns  of 
Middleborough  and  Lakeville,  for  their  respective  towns. 
Said  company  may  hold  private  lands  by  purchase  or 
lease,  and  construct  its  tracks  thereon  subject  to  general 
laws ;    and  may  acquire  by  purchase  all   necessary  real 
estate  for  its  power  stations  and  other  uses  incidental  to 
the  proper  maintenance  of  its  railway. 

Section  3.     The  location  of  said  street  railway  outside  Location. 


112 


Acts,  1896.  — Chap.  159. 


Motive  power. 


Capital  stock. 
Proviso. 


May  issue 
bonds,  etc. 


Bonds  to  be 
approved,  etc. 


May  acquire 
water  power, 
etc. 


When  to  take 
effect. 


of  public  streets  and  highways  shall  not  exceed  fifty  feet 
in  width. 

Section  4.  Said  company  may  maintain  and  operate 
said  railway  by  any  motive  power  other  than  steam  ap- 
proved l)y  the  boards  of  selectmen  of  the  towns  of  Middle- 
borough  and  Lakeville,  and  with  the  consent  of  such 
boards  of  selectmen  may  erect  and  maintain  such  poles 
and  wires  as  may  be  necessary  to  establish  and  maintain 
such  motive  power. 

Section  5.  The  capital  stock  of  said  corporation  shall 
not  exceed  one  hundred  thousand  dollars  :  provided,  that 
the  same  may  be  increased  subject  to  the  general  laws 
applicable  thereto. 

Section  6.  Said  corporation  may  from  time  to  time, 
by  vote  of  the  majority  in  interest  of  its  stockholders, 
issue  coupon  or  registered  bonds  to  such  amount  and 
upon  such  terms  as  may  be  approved  by  the  board  of 
railroad  commissioners.  To  secure  the  payment  of  such 
bonds,  with  interest  thereon,  said  corporation  may  make 
a  mortgage  of  its  road  and  franchise  and  any  part  of  its 
other  property,  and  may  include  in  such  mortgage  prop- 
erty thereafter  to  be  acquired,  and  may  therein  reserve  to 
its  directors  the  right  to  sell  or  otherwise  in  due  course 
of  business  to  dispose  of  property  included  therein  which 
may  become  worn,  damaged  or  unsuitable  for  use  in  the 
operation  of  its  road,  provided  that  an  equivalent  in  value 
is  substituted  therefor.  All  bonds  issued  shall  first  be 
approved  by  some  person  appointed  by  the  corporation 
for  that  purpose,  who  shall  certify  upon  each  bond  that 
it  is  properly  issued  and  recorded.  All  stock  and  bonds 
authorized  by  this  act  shall  be  issued  and  disposed  of  in 
accordance  with  the  provisions  of  all  general  laws  rela- 
tive to  the  issue  of  stock  and  bonds  by  street  railway 
companies. 

Section  7.  Said  company  may  acquire  by  purchase 
and  hold  any  water  power  and  appurtenant  lands  for  the 
purpose  of  furnishing  motive  power  for  its  own  use. 

Section  8.  This  act  shall  take  eflfect  upon  its  passage, 
but  shall  become  void  unless  said  railway  is  constructed 
and  put  in  operation  before  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-eight. 

Approved  March  IS,  1896. 


Acts,  1896.  — Chaps.  160,  161.  113 


An  Act  to  authorize  the  town  of  Lexington  to  refund  a  CJJiaj)  IgQ 

PORTION   OF   ITS   DEBT.  "^  * 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  town  of  Lexington  is  hereby  author-  Lexington 
ized  to  issue  from  time  to  time  bonds,  notes  or  scrip  to  ^^'^^"'^  ^°'^^''- 
an  amount  not  exceeding  one  hundred  thousand  dollars, 
for  the  purpose  of  refunding  an  equal  amount  of  bonds 
of  said  town  as  they  become  due,  denominated,  Lexington 
Water  Bonds,  dated  the  first  day  of  November  in  the 
year  eighteen  hundred  and  ninety-five,  and  issued  under 
the  authority  of  a  vote  passed  by  the  town  on  the  twenty- 
eighth  day  of  October  in  the  year  eighteen  hundred  and 
ninety-five.  The  bonds,  notes  or  scrip  issued  under  the 
provisions  of  this  act  shall  be  payable  not  more  than 
twenty  years  from  the  date  of  issue,  and  shall  bear  inter- 
est at  a  rate  not  exceeding  six  per  cent,  per  annum. 
They  shall  be  signed  by  the  treasurer  and  countersigned 
by  the  selectmen  of  the  town,  and  may  be  sold  or  nego- 
tiated at  public  or  "private  sale,  upon  such  terms  and  con- 
ditions and  in  such  manner  as  said  town  may  deem  proper. 

Section  2.  For  the  purpose  of  providing  for  the  pay-  Payment  of 
ment  of  said  bonds  said  town  shall  not  be  required  to  ^°"**'*' 
establish  a  sinking  fund  under  the  provisions  of  chapter 
twenty-nine  of  the  Public  Statutes,  but  instead  thereof 
shall  raise  by  taxation  each  year  in  which  any  of  said 
bonds  are  to  become  due  a  sufficient  amount  to  meet  the 
payment  thereof,  and  shall  appropriate  the  same  for  that 
purpose. 

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

Approved  March  18,  1896, 


An  Act  to  authorize  the  reading  and  lowell  street  rail-  njirfj^  Ifil 

WAY    COMPANY  TO   EXTEND    ITS   RAILWAY    INTO    THE    TOWNS    OF 
BILLERICA,    READING    AND    WILMINGTON. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  Reading  and  Lowell  Street  Railway  May  construct, 
Company  is  hereby  authorized  and  empowered  to  con-  {'n'^certain  towns. 
struct,  maintain  and  operate  its  railway,  by  electricity  or 
other  power  except  steam,  over  and  upon  private  land  in 
the  towns  of  Billerica,  Reading  and  Wilmington,  which 
it  has  acquired  or  may  hereafter  acquire  by  purchase  or 


IM 


Acts,  1896.  — Chaps.  162,  163. 


lease,  or  which  it  may  obtain  from  the  owners  the  right 
to  enter  and  occupy. 

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

Approved  March  18,  1896. 


1894,  130, 
amended 


§4, 


April  nine- 
teenth a  legal 
holiday,  etc. 


ChaV.lQ2  ^'^  ^^"^  '^^  PROVIDE  THAT  WHEN  THE  NINETEENTH  DAY  OF  APRIL 
OCCURS  ON  SUNDAY  THE  FOLLOWING  DAY  SHALL  BE  A  PUBLIC 
HOLIDAY. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Section  four  of  chapter  one  hundred  and 
thirty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  is  hereby  amended  by  inserting  after  the  word 
"  year",  in  the  first  line,  the  words  :  —  or  the  following 
day  when  said  nineteenth  day  occurs  on  Sunday, — so  as 
to  read  as  follows  ;  —  Section  4.  The  nineteenth  day  of 
April  in  each  year,  or  the  following  day  when  said  nine- 
teenth day  occurs  on  Sunday,  is  hereby  made  a  legal 
public  holiday  to  all  intents  and  purposes,  in  the  same 
manner  as  Thanksgiving  and  Christmas  days,  the  twenty- 
second  day  of  February,  the  thirtieth  day  of  May,  the 
fourth  day  of  July  and  the  first  Monday  of  September, 
are  now  by  law  made  public  holidays. 

Section  2.  Section  five  of  said  chapter  is  hereby 
amended  by  adding  at  the  end  thereof  the  following 
words  :  —  or  to  the  following  day  when  said  nineteenth 
day  occurs  on  Sunday,  —  so  as  to  read  as  follows:  — 
Section  5.  The  provisions  of  chapter  two  hundred  and 
fifty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  shall  apply  to  the  nineteenth  day  of  April, 
or  to  the  following  day  when  said  nineteenth  day  occurs 
on  Sunday. 

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

Approved  March  18,  1896. 


1894,  130,  §  5, 
amended. 


1888,  254,  to 
apply,  etc. 


CliaV  163  ^^    -^^^  RELATING  TO   BONDS   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows : 
Notes,  bonds  or      SECTION  1.     All  uotcs,  bonds  or  scrip  of  the  city  of 

scrip  of  city  or  iii  n  ^  n  i-ii 

Boston.  Boston,  whether  heretofore  or  hereafter  authorized   by 

the  legislature  or  the  city  council  of  said  city,  other  than 
those  to  be  paid  from  the  taxes  of  the  year  in  which  they 
are  issued,  shall  as  the  city  treasurer  of  said  city  shall 
determine  be  coupon  bonds  or  registered  certificates,  and 


Acts,  1896.  — Chaps.  164,  165.  115 

bear  interest  at  a  rate  not  exceeding  four  per  cent,  per 
annum,  payable  semi-annually  at  such  time  as  said  treas- 
urer shall  determine. 

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

Approved  March  18,  1896. 


GhapA64: 


An  Act  to  legalize  the  acts  and  doings  of  the  st.  john's 
society  of  the  methodist  episcopal  church  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  organization  of  the  Trustees  of  the  organization 
St.  John's  Society  of  the  Methodist  Episcopal  Church  of  ''°° 
Boston  as  a  corporation  on  the  eighth  day  of  February  in 
the  year  eighteen  hundred  and  eighty-seven,  under  the 
provisions  of  chapter  thii-ty-eight  of  the  Public  Statutes, 
is  hereby  confirmed,  and  said  corporation  is  hereby  made 
the  lawful  successor  of  the  Centenary  Society  of  the 
Methodist  Episcopal  Church  of  South  Boston,  and  shall 
hold  the  real  and  personal  property  of  the  same. 

Section  2.  All  the  proceedinos  of  the  Trustees  of  said  Proceedings 
St.  John's  Society  of  the  Methodist  Episcopal  Church  of 
Boston  prior  to  the  passage  of  this  act  shall  have  the 
same  force  and  effect  as  if  done  by  the  said  Centenary 
Society  of  the  Methodist  Episcopal  Church  of  South 
Boston. 

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

Approved  March  18,  1896. 


Chap. 165 


An  Act  making  an  appropriation  for  the  state  house  loans 
SENiaNG  funds. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sum  of  one  hundred  and  eighteen  state  house 
thousand  five  hundred  forty-five  dollars  and  forty-one  13."""'°^ 
cents  is  hereby  appropriated,  to  be  paid  out  of  the  treas- 
ury of  the  Commonwealth  into  the  state  house  loans 
sinking  funds,  as  provided  for  in  chapter  thirty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
being  the  estimate  of  the  treasurer  and  receiver  general. 

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

Approved  March  18,  1896. 


116  Acts,  1896.  — Chaps.  166,  167,  168. 


Chap.166  ^^  ^^^  ^^  AUTHORIZE    THE    TOWN    OF  COTTAGE  CITY  TO  APPRO- 
PRIATE FUNDS   FOR  PUBLIC   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

money  fo?^pnr      Section  1 .     The  to WD  of  Cottagc  City  may  at  its  annual 
lie  amusemeDtB,  to  WO  meetings,  after  due  leo;al  notice  thereof  in  the  war- 

etc  o    '  o 

rants  under  which  said  meetings  are  called,  appropriate  a 
sum  not  exceeding  five  hundred  dollars  annually  for  the 
purpose  of  providing  amusements  or  entertainments  of  a 
public  character. 

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

Apiyroved  March  18,  1896. 


ChavA&l  An   Act  to  authorize  the  town  of  clinton  to  make  an  ad- 
ditional WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

fdduionai  notes.  Section  1.  The  towu  of  CUuton,  in  addition  to  the 
bonds  and  scrip,  amouiit  of  notcs,  bouds  and  scrip  authorized  by  section 
four  of  chapter  ninety-eight  of  the  acts  of  the  year  eight- 
een hundred  and  seventy-six,  and  section  three  of  chapter 
fourteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-two,  and  section  one  of  chapter  one  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-four,  and  section  one  of  chapter  twenty  of  the 
acts  of  the  year  eighteen  hundred  and  ninety,  is  hereby 
authorized  to  issue  a  further  amount  of  notes,  bonds  and 
scrip,  not  exceeding  the  sum  of  fifty  thousand  dollars,  in 
accordance  with  the  provisions  of  the  acts  herein  referred 
to  and  for  the  purposes  named  therein. 

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

Approved  March  18,  1896. 

CJlCfD.XQS  ^^   -^^'^   "^^   authorize    THE     CITY     OP    MALDEN    TO     INCUR    ADDI- 
TIONAL   INDEBTEDNESS   FOR   SEWERAGE  PURPOSES. 

Be  it  enacted,  etc. ,  as  folloios : 

dluonarbond's         SECTION  1 .     For  the  purposcs  specified  in  chapter  one 
etc.  *    hundred  and  eighty-eight  of  the  acts  of  the  year  eighteen 

hundred  and  ninety  the  city  of  Maiden  may  issue  scrip 
or  bonds  to  an  amount  not  exceeding  six  hundred  and 
fifty  thousand  dollars.  Excepting  as  to  the  amount 
the  provisions  of  said  chapter  one  hundred  and  eighty- 


Acts,  1896.  — Chaps.  169,  170.  117 

eight  shall  apply  to  the  bonds  hereby  authorized  to  be 
issued. 

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

Approved  March  18,  1896. 

An  Act  relative  to  sureties  upon  bonds  op  persons  licensed  (JJidn^^QQ 
TO  sell  intoxicating  liquors. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1 .  Section  one  of  chapter  three  hundred  and  ^melided.^  ^' 
eighty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  amended  by  inserting  after  the 
word  "  corporation",  in  the  first  line,  the  words  :  —  ex- 
cept a  corporation  organized  for  the  purpose  of  acting 
as  surety  on  bonds  and  duly  qualified  to  do  business  in 
this  Commonwealth,  —  also  by  inserting  after  the  word 
"  surety  ",  in  the  fourth  line,  the  words  :  —  so  limited,  — 
so  as  to  read  as  follows  :  —  Section  1.  No  person,  firm  sureties  upon 
or  corporation,  except  a  corporation  organized  for  the  *'®'""° 
purpose  of  acting  as  surety  on  bonds  and  duly  qualified 
to  do  business  in  this  Commonwealth,  shall  be  accepted 
as  surety  upon  more  than  ten  bonds  given  under  the 
provisions  of  section  thirteen  of  chapter  one  hundred  of 
the  Public  Statutes.  Each  such  surety  so  limited  shall 
make  a  written  statement,  under  oath,  that  he  is  not  a 
surety  upon  more  than  nine  other  bonds  given  under  the 
provisions  of  said  section,  and  such  statement  shall  be 
kept  on  file  with  the  bond. 

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

Approved  March  18,  1896. 


An  Act   to  incorporate   the   fall   river   collateral  loan 
association. 


Chap.170 


Be  it  enacted,  etc.,  as  foHoios: 

Section  1.     John  D.  Flint,  Thomas  J.  Borden,  William  Fan  River 
S.  Greene,  James  F.  Jackson,  ChauncyH.  Sears,  William  ^tSon"'''' 
Burgess  and  Clarence  Buflanton,  their  associates  and  sue-  incorporated. 
cessors,  are  hereby  made  a  corporation  by  the  name  of 
the  Fall  River  Collateral  Loan  Association,  to  be  located 
at  Fall  River,  for  the  purpose  of  loaning  money  upon 
pledge  or  mortgage  of  goods  and  chattels,  or  of  safe 
securities  of  every  kind ;  and  all  the  powers  and  privi- 
leges necessary  for  the  execution  of  these  purposes  are 


118 


Acts,  1896.  — Chap.  170. 


Capital  stock. 


Proviso. 


May  borrow  on 
itB  uotes. 


granted,  and  said  corporation  shall  also  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  chapter  one  hundred 
and  five  of  the  Public  Statutes  and  in  all  the  general  laws 
which  now  are  or  hereafter  may  be  in  force  in  relation  to 
such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
be  twenty-five  thousand  dollars,  to  be  divided  into  shares 
of  one  hundred  dollars  each,  and  to  be  paid  for  at  such 
times  and  in  such  manner  as  the  board  of  directors  shall 
decide  :  provided,  that  no  business  shall  be  transacted 
by  said  corporation  until  said  amount  of  twenty-five 
thousand  dollars  is  sul)scribed  for  and  actually  paid  in ; 
and  no  certificate  of  shares  shall  be  issued  until  the  par 
value  of  such  shares  shall  have  actually  been  paid  in  in 
cash.  The  said  corporation  may  increase  its  capital  stock 
from  time  to  time  until  the  same  amounts  to  five  hundred 
thousand  dollars. 

Section  3.  Said  corporation  is  hereby  authorized  to 
borrow  money  on  its  own  notes,  not  exceeding  the  amount 
of  its  capital  paid  in,  and  for  periods  not  exceeding  one 
year. 

Section  4.  The  government  of  said  corporation  shall 
l)e  vested  in  a  board  of  directors,  chosen  as  the  by-laws 
may  prescribe,  conformably  to  law :  provided,  however, 
that  one  director  shall  be  appointed  by  the  governor  of 
the  Commonwealth  and  one  shall  be  appointed  by  the 
mayor  of  the  city  of  Fall  River  ;  and  the  board  thus  con- 
stituted shall  elect  one  of  their  number  president,  and 
such  other  ofiicers  as  may  be  deemed  necessary.  The 
compensation  of  the  directors  appointed  by  the  governor 
and  mayor  for  their  services  and  attendance  at  meetings 
shall  be  paid  by  the  association. 
^°*°*-  Section  5.     When  the  association  has  disposable  funds 

it  shall  loan  on  all  goods  and  chattels  offered,  embraced 
within  its  rules  and  regulations,  in  the  order  in  which 
they  are  offered,  with  this  exception,  that  it  may  always 
discriminate  in  favor  of  small  loans  to  the  indigent. 
Duration  of  Section  6.     All  loaus  shall  be  for  a  time  fixed  and  not 

redemption,  etc.  morc  tliau  ouc  year,  and  the  mortgagor  or  pledgor  shall 
have  a  right  to  redeem  his  property  mortgaged  or  pledged, 
at  any  time  before  it  is  sold,  in  pursuance  of  the  contract 
between  the  parties,  or  before  the  right  of  redemption  is 
foreclosed,  on  payment  of  the  loan  and  rate  of  compensa- 


Proviso. 


Acts,  1896:  — Chap.  170.  119 

tion  to  the  time  of  the  offer  to  redeem.  No  charges  shall 
be  made  for  making  a  preliminary  examination  when  a 
loan  is  not  made,  nor  for  the  examination  of  property 
offered  at  the  office  of  the  association  for  pledge. 

Section  7.  The  corporation  shall  give  to  each  pledgor  Pledgor  to  be 
a  card  inscribed  with  the  name  of  the  corporation,  the  ^'^''°*'''"^'*' 
article  or  articles  pledged,  the  name  of  the  pledgor,  the 
amount  of  the  loan,  the  rate  of  compensation,  the  date 
when  made,  the  date  when  payable,  the  page  of  the  book 
where  recorded,  and  a  copy  of  sections  eight  and  nine  of 
this  act. 

Section  8.     Property  pleds-ed  to  the  association  must  unredeemed 

1  J    i  O  property. 

be  held  one  year  unless  sooner  redeemed,  and  if  not  re- 
deemed within  one  year  from  the  date  of  the  loan  shall 
be  sold  at  public  auction,  and  the  net  surplus,  after  pay- 
ing loan  charges  and  expenses  of  sale,  shall  be  held  one 
year  for  the  owner.  All  auction  sales  shall  be  advertised 
for  at  least  one  week  in  two  daily  newspapers  published 
in  Fall  River.  In  case  a  savings  bank  deposit  book  ^^0°^^"*°^ 
pledged  to  the  association  shall  not  be  redeemed  as  above 
it  shall  not  be  necessary  for  the  association  to  sell  the 
same  at  public  auction,  but  it  may  convert  the  same,  or 
so  much  thereof  as  may  be  necessary  to  pay  the  debt,  in 
such  mode  and  at  such  time  as  in  the  judgment  of  the 
directors  will  best  secure  the  interest  of  all  parties,  hold- 
ing the  net  surplus  as  above  for  the  owner. 

Section  9.     Said  association  shall  in  no  case  charo;e  interest. 
interest  at  a  rate  exceeding  one  and  one  half  per  centum 
per  month. 

Section  10.     The  commissioners  of  savinsrs  lianks  shall  commissionerB 

r«i  Of  savings  banks 

have  access  to  the  vaults,  books  and  papers  of  the  cor-  to  have  access  to 
poration,  and  it  shall  be  their  duty  to  inspect,  examine 
and  inquire  into  its  affairs,  and  to  take  proceedings  in 
regard  to  them,  in  the  same  manner  and  to  the  same 
extent  as  if  said  corporation  was  a  savings  bank,  subject 
to  all  the  general  laws  which  are  now  or  hereafter  may 
be  in  force  relating  to  such  institutions  in  this  regard. 
The  returns  required  to  be  made  to  the  commissioners  of  Returns, 
savings  banks  shall  be  in  the  form  of  a  trial  balance  of  its 
books,  and  shall  specify  the  different  kinds  of  its  lialiili- 
ties  and  the  different  kinds  of  its  assets,  statins;  the 
amounts  of  each  kind,  together  with,  such  other  informa- 
tion as  may  be  called  for  by  said  commissioners,  in 
accordance  with  a  blank  form  to  be  furnished  by  said 


120  Acts,  1896.  — Chaps.  171,  172. 

commissioners  ;  and  these  returns  shall  be  published  in  a 
newspaper  of  the  city  of  Fall  River,  at  the  expense  of 
said  corporation,  at  such  times  and  in  such  manner  as 
may  be  directed  by  said  commissioners,  and  in  the 
Proviso.  annual  report  of  said  commissioners  :  provided,  however, 

that  said  commissioners  may  cause  any  examination  to  be 
made  by  an  expert,  under  their  direction  but  at  the 
expense  of  the  corporation.      Aj^proved  March  19,  1896. 

ChUpAll   -^^  -'^CT  TO  AUTHORIZE  INSURANCE  COMPANIES  TO  MAKE  ADDITIONAL 
INVESTMENTS   OF  THEIR  CAPITAL   STOCK. 

Be  it  enacted,  etc.,  as  follows: 

capHarsmck?^  Section  1 .  In  addition  to  the  investments  now  allowed 
by  law  the  capital  stock  of  insurance  companies  may  be 
invested  in  any  of  the  securities  in  which  savings  banks 
may  invest  their  deposits. 

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

Approved  March  19,  1896. 

Chcip.VJ^  An  Act  to   provide  that  payment  for  assistant  registers 

WHOSE  SALARIES  ARE  NOT  FIXED  BY  LAW,  AND  FOR  CLERICAL 
ASSISTANCE  IN  REGISTRIES  OF  DEEDS,  SHALL  BE  SUBJECT  TO  THE 
APPROVAL  OF  THE   BOARD  OP  COUNTY  COMMISSIONERS. 

Beit  enacted,  etc.,  as  follows: 

ance.'^'c!"'*'"  Section  1 .  Registers  of  deeds  shall  be  allowed  for 
assistant  registers,  where  no  salary  is  fixed  by  law,  and 
for  clerical  assistance,  upon  the  sworn  certificate  of  said 
registers,  filed  with  the  county  treasurer,  that  the  work 
was  actually  performed  and  was  necessary,  and  specify- 
ing the  amount  of  such  work  or  the  time  occupied  therein 
and  the  names  of  the  persons  by  whom  the  work  was 
performed,  such  reasonable  sum  designated  in  said  cer- 
tificate as  shall  be  approved  by  the  l)oard  of  county  com- 
missioners. Said  sums  so  approved  by  the  board  of 
county  commissioners  shall  be  paid  from  the  county 
treasury  to  the  person  or  persons  performing  said  work. 

Repeal.  SECTION  2.     Scctiou  two  of  chapter  four  hundred  and 

ninety-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  repealed. 

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

Approved  March  21,  1896. 


Acts,  1896.  — Chap.  173.  121 

An  Act  to  amend  the  charter  of  the  city  of  Cambridge.     ChctV'VIS 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  two  of  chapter  three  hundred  and  a^ended.^^' 
sixty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  striking  out  the  words 
' '  The  mayor  and  aldermen  shall  be  chosen  by  the  qualified 
voters  of  the  whole  city  ",  in  the  eleventh  and  twelfth  lines, 
and  inserting  in  place  thereof  the  words  :  —  The  qualified 
voters  of  the  whole  city  shall  elect  from  among  their  num- 
ber the  mayor  and  aldermen,  —  so  that  said  section  as 
amended  shall  read  as  follows  :  —  Section  2.  The  admin-  AdminiBtration 
istration  of  the  fiscal,  prudential  and  municipal  affairs  of  affSrs^etcf 
said  city,  and  the  government  thereof,  shall  be  vested  in 
a  mayor  and  a  city  council,  which  shall  consist  of  a  board 
of  aldermen  consisting,  until  the  municipal  year  begin- 
ning on  the  first  Monday  in  January  in  the  year  eighteen 
hundred  and  ninety-three,  often  members,  and  thereafter 
of  eleven  members,  and  a  common  council  consisting  of 
twenty  members.  Each  branch  shall  sit  separately,  ex- 
cept when  required  to  meet  in  joint  convention  by  the 
provisions  of  this  charter  or  by  a  concurrent  vote.  The 
qualified  voters  of  the  whole  city  shall  elect  from  among 
their  number  the  mayor  and  aldermen.  The  city  coun- 
cil shall  apportion  the  members  of  the  common  council 
among  the  several  wards  as  nearly  as  may  be  on  the  basis 
of  population,  and  the  qualified  voters  of  each  ward  shall 
elect  from  among  their  number  the  members  of  the  com- 
mon council  to  which  it  shall  be  entitled  on  such  appor- 
tionment. 

Section  2 .     Section  six  of  chapter  three  hundred  and  amend^'.^  ^' 
sixty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  striking  out  the  word 
"September",  in  the   thirteenth  line,  and  inserting   in 
place  thereof  the  word  :  —  July,  —  so  that  said  section 
as  amended  shall  read  as  follows  :  —  Section  6.     If  at  the  Failure  to  elect 
annual  election  a  mayor  or  the  required  number  of  mem-  *  ™''^°''* 
bers  of  the  city  council  shall  not  have  been  elected,  or 
if  any  person  elected  shall  refuse  to  accept  the  office  to 
which  he  was  chosen,  the  board  of  aldermen  shall  make 
a  record  of  the  fact  and  forthwith  issue  their  warrant  for 
another  election,  and  the  same  proceedings  shall  be  had 
as  are  provided  by  law  for  the  original  election  ;  and  the 


122 


Acts,  1896.  — Chap.  173. 


Vacancy. 


1891,  364,  §  25, 
amended. 


Not  to  take  part 
in  the  einploy- 
tnent  of  labor, 
etc. 


Certain  persons 
not  eligible  for 
appointment, 
eic. 


When  to  take 
effect. 


same  shall  be  repeated  from  time  to  time  until  a  mayor 
and  the  required  number  of  members  of  the  city  council 
shall  have  been  chosen.  Whenever  a  vacancy  shall  occur 
in  either  office  by  death,  resignation  or  otherwise,  the 
board  of  aldermen  may,  and  if  such  vacancy  occur  prior 
to  the  first  of  July  in  any  year  shall,  forthwith  issue  their 
warrant  for  a  new  election.  The  removal  of  a  person 
holding  office  from  one  ward  to  another  shall  not  create  a 
vacancy  in  such  office,  nor  shall  a  change  of  ward  boun- 
daries create  a  vacancy  in  any  office. 

Section  3.  Section  twenty-five  of  said  chapter  three 
hundred  and  sixty-four  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  is  hereb}^  amended  by  striking 
out  at  the  end  thereof,  the  words  "No  person  shall  be 
elected  or  appointed  to  any  office  of  emolument  who  at 
the  time  of  his  election  or  appointment  shall  be  a  mem- 
ber of  the  board  of  aldermen  or  of  the  common  council", 
and  inserting  in  place  thereof  the  following  :  —  No  per- 
son shall  be  eligible  for  appointment  or  election  to  any 
municipal  office  by  the  mayor  or  city  council,  or  either 
branch  thereof,  the  salary  of  which  office  is  payable  from 
the  city  treasury,  during  the  term  for  which  such  person 
was  chosen  a  member  of  the  city  council,  —  so  that  said 
section  as  amended  shall  read  as  follows  ; —  Section  25. 
Neither  the  city  council  nor  either  branch  thereof,  nor 
any  mem])er  or  committee  thereof,  or  of  either  branch 
thereof,  nor  the  board  of  aldermen  acting  in  any  capacity 
in  which  said  board  may  act  separately  under  special 
powers  conferred  upon  it,  nor  any  member  or  committee 
of  said  board  acting  in  any  such  capacity,  shall  directly 
or  indirectly  take  part  in  the  employment  of  labor,  nor, 
except  as  otherwise  provided  in  this  act,  in  the  appoint- 
ment or  removal  of  any  officers  or  subordinates  for  whose 
appointment  and  removal  provision  is  herein  made.  No 
person  shall  be  eligible  for  appointment  or  election  to  any 
municipal  office  by  the  mayor  or  city  council,  or  either 
branch  thereof,  the  salary  of  which  office  is  payable  from 
the  city  treasury,  during  the  term  for  which  such  person 
was  chosen  a  member  of  the  city  council. 

Section  4.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  the  city  of  Cambridge  by 
concurrent  vote,  provided  the  same  shall  be  accepted 
within  sixty  days  from  the  date  of  its  passage. 

Approved  March  21,  1S96. 


Acts,  1896.  — Chaps.  174,  175.  123 


An  Act  to  provide  for  the  protection  ov  the  public  health  ClJiaj)  1 74 

IN  THE   CITY   OF   LYNN. 

Be  it  enacted^  etc.,  as  folloivs : 

Section  1 .  Whenever  the  board  of  health  of  the  city  Protection  of 
of  Lynn  shall  adjudge  that  the  public  health  requires,  cuy  o'f  Lynn.'" 
and  shall  order  that  any  lands  in  said  city  not  bordering 
immediately  on  tide  water  be  filled  to  a  grade  to  be  es- 
tablished by  said  order,  the  owners  of  said  land  shall 
forthwith  fill  the  same  in  accordance  with  said  order  and 
in  a  manner  and  with  material  satisfactory  to  said  board. 

Section  2.     Any  justice  of  any  court  having  jurisdic-  Enforcement  of 
tion  in  equity  may,  on  the  petition  of  the  board  of  health  p"""^'"""*- 
of  said  city,  enforce  the  provisions  of  this  act  by  any 
proper  process  or  decree. 

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

Approved  March  21,  1896. 

An  Act  to  authorize  the  city  of  Cambridge  to  restrict  the  (7/i^r).175 

USE  OF   certain   LANDS. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1 .     The  city  of  Cambridge  is  hereby  author-  May  agree  wuh 

T5av  State  Brick 

ized  to  enter  into  an  agreement  with  the  Bay  State  Brick  company  to 
Company  as  to  restricting  the  use  to  which  a  certain  tract  certain' w?^ 
of  clay  land,  or  any  part  thereof,  owned  by  said  company 
shall  hereafter  be  put,  and  as  to  the  construction  of  streets 
and  sewers  in  said  tract,  said  land  l)eing  situated  in  said 
Cambridge  and  comprising  most  of  the  tract  which  is 
l)ounded  southerly  by  Concord  avenue,  easterly  by  Wal- 
den  street,  northerly  by  a  proposed  extension  of  Garden 
street,  and  westerly  by  a  certain  proposed  street. 

Section  2.  Upon  such  terms  as  may  be  mutually  construction  of 
agreed  upon  by  said  city  of  Cambridge  and  said  Bay  sewersfetc. 
State  Brick  Company,  and  to  be  set  forth  in  said  agree- 
ment, in  regard  to  restricting  the  use  of  the  lands  in 
said  tract  described  in  section  one  of  this  act,  and  to  the 
construction  of  streets  and  sewers  therein,  the  city  of 
Cambridge  may  lay  out,  accept  and  establish  certain 
public  streets,  to  be  agreed  upon  as  aforesaid,  and  may 
build,  construct  and  establish  within  said  tract  main 
drains  and  common  sewers. 

Section  3.     Said  agreement,  as  to  restricting  the  use  citymay 
of  said  tract,  the  laying   out  of  public  streets  and  the  be  tte™m  en  island 

asseeBtuents. 


124 


Acts,  1896.  — Chap.  175. 


May  agree  with 
owners  to 
restrict  use  of 
certain  other 
lands,  etc. 


Description  of 
lands  to  be 
recorded. 


Damages 


construction  of  main  drains  and  common  sewers  therein, 
may  also  provide  that  said  city  may  assume  any  better- 
ments and  assessments,  except  sidewalk  and  edgestone 
assessments,  assessed  upon  or  on  account  of  the  re- 
mainder of  said  company's  land  and  land  of  any  owner 
or  owners  of  any  land  within  said  tract,  or  any  portion 
thereof,  for  or  on  account  of  such  location,  laying  out 
and  construction  of  said  streets,  main  drains  or  common 
sewers  within  said  tract. 

Section  4.  The  city  of  Cambridge,  at  any  time  within 
ten  years  after  the  passage  of  this  act,  may  also  by  a  sim- 
ilar agreement  with  the  respective  owner  or  owners  as  to 
the  construction  of  streets  and  sewers  as  hereinbefore 
mentioned  in  this  act,  or  upon  such  other  terms  as  may 
be  mutually  agreed  upon  with  the  respective  owner  or 
owners,  restrict  the  uses  to  which  other  clay  lands  in 
Cambridge  may  be  put.  At  any  time  also  within  ten 
years  after  the  passage  of  this  act  the  city  of  Cambridge, 
by  its  city  council,  may  restrict  the  excavating,  other 
than  for  the  purposes  of  the  erection  of  buildings,  of 
clay  lauds  in  said  city,  other  than  the  tract  described  in 
section  one  of  this  act,  and  other  than  lands  now  belong- 
ing to  the  Bay  State  Brick  Company. 

Section  5.  The  said  city  shall,  within  sixty  days 
after  the  restricting  of  the  use  of  any  clay  lands,  other 
than  by  agreement  as  aforesaid,  cause  to  be  recorded  in 
the  registry  of  deeds  for  the  southern  district  of  Middle- 
sex a  description  thereof  sufficiently  accurate  for  identi- 
fication, with  a  statement  of  the  restrictions  imposed  upon 
the  same,  which  statement  shall  be  signed  by  the  mayor. 

Section  6.  Said  city  shall  be  liable  to  pay  all  dam- 
ages sustained  by  any  persons  or  corporations  by  the  re- 
stricting of  the  use  of  any  of  their  land  as  aforesaid.  If 
any  person  sustaining  damage  as  aforesaid  does  not  agree 
with  said  city  upon  the  amount  of  said  damage  he  may, 
within  one  year  from  such  restricting  and  not  afterwards, 
apply  by  petition  to  the  superior  court  for  said  county 
of  Middlesex  for  the  assessment  of  said  damage.  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  peti- 
tion.    The  summons  shall  be   served  fourteen  days   at 


Acts,  1896.  — Chap.  175.  125 

least  before  the  day  at  which  it  is  returnable,  by  leaving  Damages. 
a  copy  thereof  and  of  the  petition,  certilied  by  the  officer 
who  serves  the  same,  with  the  clerk  of  said  city  ;  and 
the  court  may,  upon  default  of  said  city,  or  upon  hear- 
ing, appoint  three  disinterested  persons,  who  shall,  after 
reasonable  notice  to  the  parties,  assess  the  damages,  if 
any,  which  such  petitioner  may  have  sustained  as  afore- 
said, together  with  interest  at  the  rate  of  six  per  centum 
per  annum  from  the  passage  of  the  order  of  restriction 
as  aforesaid.  And  the  award  of  the  persons  so  appointed, 
or  of  a  major  part  of  them,  being  returned  into  and  ac- 
cepted by  the  court  shall  be  final,  and  judgment  shall  be 
rendered  and  execution  issued  thereon  for  the  prevailing 
party,  with  costs,  unless  one  of  the  parties  claims  a  trial 
by  jury,  as  hereinafter  provided. 

Section  7 .  If  either  of  the  parties  mentioned  in  the  Damages  to  be 
preceding  section  is  dissatisfied  with  the  amount  of  dam-  jury'in'certain  ^ 
age  awarded,  such  party  may,  at  the  sitting  at  which  such  '='»^''*' '''«=• 
award  was  accepted,  or  at  the  next  sitting  thereafter, 
claim  in  writing  a  trial  in  said  court,  and  have  a  jury  to 
hear  and  determine  all  questions  of  fact  relating  to  such 
damages,  and  to  assess  the  amount  thereof  with  interest 
as  aforesaid  ;  and  the  report  of  the  persons  so  appointed 
to  assess  damages  shall  be  prima  facie  evidence  upon  such 
matters  only  as  are  expressly  embraced  in  the  order  of 
their  appointment,  and  the  verdict  of  the  jury  being  ac- 
cepted and  recorded  by  the  court  shall  be  final  and  con- 
clusive, 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  8 .  In  every  case  of  a  petition  to  the  superior  city  may  tender 
court  for  an  assessment  of  damages  as  provided  in  this  damagM,"etc. 
act  the  said  city  may  tender  to  the  petitioner  or  to  his 
attorney  any  sum,  or  may  bring  the  same  into  court  to 
be  paid  to  the  petitioner,  for  the  damages  by  him  sus- 
tained or  claimed  in  his  petition,  or  may  in  writing  offer 
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  offered  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  pay- 
ment into  court,  or  offer  of  judgment,  and  shall  not  be 


126 


Acts,  1896.  — Chap.  175. 


Real  estate 
benefited  may 
be  asBeBsed. 


entifled  to  eithei*  costs  or  interest  afterwards,  unless  the 
amount  recovered  by  him  in  such  action  exceeds  the 
amount  so  tendered. 

Section  9.  At  any  time  within  two  years  after  the 
use  of  any  land  is  restricted  under  this  act  the  board  of 
aldermen  of  said  city  of  Cam])ridge,  if  in  its  opinion  any 
real  estate  in  said  city  receives  any  benefit  and  advantage 
from  such  restricting  beyond  the  general  advantages  to 
all  real  estate  in  said  city,  may  adjudge  and  determine 
the  value  of  such  benefit  and  advantage  to  any  such  real 
estate,  and  may  assess  upon  the  same  a  proportional 
share  of  the  cost  of  land  so  restricted ;  but  in  no  case 
shall  the  assessment  exceed  one  half  of  the  •  amount  of 
such  adjudged  benefit  and  advantage.  Said  real  estate 
subject  to  such  assessment  may  include  the  remainder  of 
the  land  of  which  a  part  is  restricted,  and  real  estate 
which  does  not  abut  upon  the  land  from  the  restricting 
of  which  the  betterments  accrue,  or  upon  a  street  or  way 
bounded  upon  such  restricted  land.  Any  assessment  so 
made  upon  any  land  now  belonging  to  said  Bay  State 
Brick  Company  shall  be  assumed  by  the  city  of  Cam- 
liridge. 

Section  10.  Assessments  made  under  the  preceding 
upon  reaf estate,  scctiou  shall  coustitutc  a  licu  upou  the  real  estate  so 
assessed,  and  shall  be  collected  and  enforced,  with  the 
same  rights  to  owners  to  surrender  their  estates  and  the 
same  proceedings  thereupon,  and  with  the  same  rights 
of  and  proceedings  upon  appeal,  as  are  provided  by 
chapter  fifty-one  of  the  Public  Statutes. 

Section  11.  For  the  purpose  of  defraying  the  ex- 
pense and  damages,  if  any,  incident  to  the  restricting 
of  any  land  as  aforesaid  the  city  council  of  Cambridge 
shall  have  the  authority  to  issue,  in  excess  of  the  limit 
allowed  by  law,  scrip  or  bonds,  to  be  denominated,  Cam- 
bridge Clay  Land  Loan,  to  an  amount  not  exceeding  fifty 
thousand  dollars  in  each  and  every  municipal  year,  and 
within  ten  years  from  the  passage  of  this  act,  bearing 
interest  not  exceeding  four  and  one  half  per  centum  per 
annum,  payable  semi-annually,  the  principal  to  be  pay- 
able at  periods  of  not  more  than  thirty  years  from  the 
issuing  of  such  scrip  or  bonds  respectively.  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  sold  or  pledged 


Asseesments  to 
constitute  a  lien 


Cambridge  Clay 
Land  Loan. 


Acts,  1896.  — Chaps.  176,  177.  127 

for  less  than  the  par  vaJue  thereof.     The  provisions  of  andiMo^lppiy 
the  tenth  and  eleventh  sections   of  chapter  twenty-nine 
of  the  Public  Statutes  shall,  so  far  as  applicable,  apply 
to  this  act. 

Section  12.     This  act  shall  take  efi'ect  upon  its  accept-  when  to  take 
ance  by  the  city  council  of  Cambridge. 

Approved  March  21,  189G. 

An   Act   to   reimburse   the  treasurers   of   the   counties  of  (JJidj)  176 

BRISTOL,   ESSEX,    MIDDLESEX   AND    WORCESTER    FOR  THEIR   TRAV- 
ELLING  EXPENSES. 

Be  it  enacted,  etc. ,  as  follotvs : 

Section  1.  On  and  after  the  first  day  of  March  in  the  Travelling 
year  eighteen  hundred  and  ninety-six  there  shall  lie  ^''P*^"*''^' 
allowed  and  paid  to  the  treasurers  of  the  counties  of 
Bristol,  Essex,  Middlesex  and  Worcester,  the  actual, 
necessary  and  proper  travelling  expenses  incurred  and 
paid  by  them  in  the  transaction  of  county  business,  upon 
a  certified  itemized  statement  of  such  expenses  made 
upon  the  first  day  of  each  month  to  the  county  commis- 
sioners of  the  respective  counties,  who  shall  audit  and 
approve  the  same  in  like  manner  with  other  bills  against 
the  county. 

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

Ajijyroved  March  21,  1896. 

An    Act  to  authorize  the    town   of  wayland  to  refund  a  f^lifij^  177 

PORTION  of  its   AVATER   FUND   BONDS. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  town  of  Wayland  is  hereby  author-  May  issue  ad- 
ized  to  issue  bonds,  notes  or  scrip  to  an  amount  not  et".""""''*"''^' 
exceeding  fifteen  thousand  dollars,  for  the  purpose  of 
refunding  an  equal  amount  of  its  water  fund  bonds  fall- 
ing due  in  the  year  eighteen  hundred  and  ninety-eight. 
Such  bonds,  notes  or  scrip  shall  be  payable  at  the  expi- 
ration of  periods  not  exceeding  fifteen  years  from  the 
date  of  issue  ;  shall  bear  interest  payable  semi-annually 
at  a  rate  not  exceeding  five  per  cent,  per  annum,  and 
shall  be  signed  by  the  town  treasurer  and  countersigned 
by  the  water  commissioners  of  the  town.  Said  town  may 
sell  such  securities  at  public  or  private  sale,  at  not  less 
than  par,  but  none  of  said  bonds,  notes  or  scrip  shall  be 


128  Acts,  1896.  — Chaps.  178,  179. 

issued  or  sold  except  in  compliance  with  a  vote  of  the 
town. 

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

Approved  March  21,  1896. 

Chap.\7S  ^^    ^^^    "^^    AUTHORIZE     ADDITIONAL     INVESTMENTS     BY     SAVINGS 
BANKS   AND  INSTITUTIONS   FOR  SAVINGS. 

Be  it  enacted,  etc.,  as  folloivs  : 

iTpTsZTnlal  Section  1.  In  addition  to  the  investments  authorized 
ings  banks,  etc.  by  scctiou  twentj-onc  of  chapter  three  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  savings  banks  and  institutions  for  savings 
may  invest  their  deposits,  and  the  income  derived  there- 
from, in  the  bonds  and  notes  of  the  New  York,  New  Haven 
and  Hartford  Railroad  Company,  issued  according  to  law, 
notwithstanding  the  existence  of  a  mortgage  indebtedness 
not  matured  upon  the  whole  or  a  part  of  the  road  of  said 
railroad  company ;  also  in  the  note  or  notes  of  any  citi- 
zen of  this  Commonwealth,  with  a  pledge  as  collateral  of 
shares  of  the  capital  stock  of  the  Boston  and  Lowell  Rail- 
road Corporation  ;  of  the  Boston  and  Providence  Railroad 
Company  ;  of  the  Connecticut  River  Railroad  Company, 
and  of  the  Old  Colony  Railroad  Company,  notwithstand- 
ing the  road  of  each  of  said  companies  may  be  leased  to 
some  other  railroad  company  ;  such  note  or  notes  not  to 
exceed  in  any  case  seventy-five  per  cent,  of  the  market 
value  of  the  securities  pledged,  and  to  be  made  payable 
on  demand,  and  to  be  paid  or  renewed  within  one  year 
of  the  date  thereof. 

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

Approved  March  21,  1896. 

C7lCt7).17Q   ^^  ■^^'^  RELATING   TO  THE  RETURNS  OF  SCHOOL  COMMITTEES  TO  THE 

STATE   BOARD   OF   EDUCATION. 

Be  it  enacted,  etc. ,  as  folloivs : 

amended?  *'  Scctiou  fivc  of  chapter  forty-six  of  the  Public  Statutes 

is  hereby  amended  by  inserting  after  the  word  "teachers", 
in  the  fifth  line  of  said  section,  the  words  :  — transporta- 
tion of  school  children,  —  and  after  the  word  ' '  teachers  ", 
in  the  fifth  line  of  the  form  of  certificate  contained  in  said 
section,  the  words;  —  transportation  of  school  children, 
—  also  by  striking  out  the  words  "six  months",  in  the 
ninth  line   of  said  form   of  certificate,  and  inserting  in 


Acts,  1896.  — Chap.  179.  129 

place  thereof  the  words  ;  —  the  number  of  months  re- 
quired by  law,  to  wit,  eight  months  in  all  towns  of  four 
thousand  inhabitants  or  more,  and  six  months  in  all  other 
towns,  —  so  that  the  section  as  amended   shall  read  as 
follows  :  —  Section  5.     The  school  committee  shall  annu-  school  commit- 
ally,  on  or  before  the  last  day  of  the  following  April,  nmnbeTof  ^ 
certify    under   oath   the   numbers    so     ascertained     and  '='ii''''"e°.  «'<=. 
recorded,  and  the   sum   raised   by   their   city    or   town 
for  the  support  of  schools  during  the  preceding  school 
year,  including  only  wages  and  board  of  teachers,  trans- 
portation  of  school  children,  fuel  for  the  schools,  and 
care  of  the  fires  and  school-rooms  ;  and  they  shall  trans- 
mit such  certificate  to  the  secretary  of  the  board  of  edu- 
cation.    The  form  of  such  certificate  shall  be  as  follows  : 
to  wit,  — 

We,  the  school  committee  of  .  do  certify  that  f °™ °^ '=®'""^- 

on  the  first  day  of  May,  in  the  year  ,  there  were 

belonging  to  said  town  (or  city)  the  number  of 
persons    between   the  ages  of  five  and  fifteen ;  and  we 
further  certify  that  said  town  (or  city)  raised  the  sum 
of  dollars  for  the  support  of  public  schools  for 

the  preceding  school  year,  including  only  the  wages  and 
board  of  teachers,  transportation  of  school  children,  fuel 
for  the  schools,  and  care  of  fires  and  school-rooms,  and 
that  said  town  (or  city)  maintained,  during  said  year, 
each  of  the  schools  required  to  l)e  kept  by  section  one  of 
chapter  forty-four  of  the  Public  Statutes  for  a  period  not 
less  than  the  number  of  months  required  by  law,  to  wit, 
eight  months  in  all  towns  of  four  thousand  inhabitants  or 
more,  and  six  months  in  all  other  towns  ;  and  we  further 
certify  that  said  town  (or  city)  maintained  during  said 
year  school  for  the  benefit  of  all  the  inhabitants 

of  the  town   (or  city),  as  required  by  section  two  of 
chapter  forty-four  of  the  Public  Statutes    for 
months  and  days. 

V  School  Committee. 

,  ss. 
On  this  day  of  ,  personally  appeared 

the  above-named  school  committee  of  ,  and  made 

oath  that  the  above  certificate  by  them  subscribed  is  true. 
Before  me, 

Justice  of  the  Peace. 
Approved  March  21,  1S96. 


130  Acts,  1896.  — Chap.  180. 


Chan.lSO         ^^  ^^'^  '^^  supply  the  town  of  holden  with  water. 

Be  it  enacted,  etc.,  as  follows: 

water^Buppiy        SECTION  1.     The  town   of  Holdeii  may  supply  itself 
Holden.  and  its  inhabitants  with  water  for  the  extinguishment  of 

fires  and  for  manufacturing,  domestic  and  other  purposes  ; 
may  establish  fountains  and  hydrants,  relocate  and  dis- 
continue the  same,  and  may  regulate  the  use  of  such  water 
and  fix  and  collect  rates  to  be  paid  for  the  use  of  the  same. 
tehfwa^ersr  Section  2.  The  said  town,  for  the  purposes  aforesaid, 
lands,  etc.  ^nd  for  the  purpose  of  obtaining  a  supply  of  water,  may 
take,  by  purchase  or  otherwise,  and  hold  the  waters  of 
Muschopange  pond,  in  the  town  of  Rutland,  subject  to 
the  rights  of  the  town  of  Rutland  in  said  pond  under 
chapter  one  hundred  and  fifty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five,  and  the  waters  that 
flow  into  and  from  the  same  ;  and  it  may  take,  by  pur- 
chase or  otherwise,  and  hold  any  water  rights  connected 
with  said  pond,  and  any  springs  and  streams  tributary 
thereto,  and  the  waters  of  any  other  ponds  or  water 
sources  within  the  watershed  of  said  brooks  or  tribu- 
taries thereof,  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  ; 
May  erect  build-  and  may  erect  upon  the  land  thus  taken  or  held  proper 
pipes' etc?""^"  dams,  buildings,  fixtures  and  other  structures,  and  may 
make  excavations,  procure  and  operate  machinery,  and 
provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  and  maintenance  of  com- 
plete and  eflective  water  works  ;  and  may  construct  and 
lay  down  conduits,  pipes  and  other  works,  under  or  over 
any  lands,  water  courses,  railroads  or  public  or  private 
ways,  and  along  any  such  way,  in  such  manner  that  the 
same  when  completed  shall  not  unnecessarily  obstruct 
such  way  ;  and  for  the  purpose  of  constructing,  maintain- 
ing and  repairing  such  conduits,  pipes  and  other  works, 
and  for  all  proper  purposes  of  this  act,  said  town  may 
dig  up,  raise  and  embank  any  such  lands  or  ways  in  such 
manner  as  to  cause  the  least  hindrance  to  public  travel 
on  such  ways ;  and  may  do  all  acts  necessary  for  the 
completion  of  the  same. 
E'^e?c'°to°be  Section  3.  The  said  town  of  Holden  shall,  within 
recorded.'         ninety  days  after  the  taking  of  any  land,  rights  of  way, 


Acts,  1896.  — Chap.  180.  131 

water  rights,  water  sources  or  easements  as  aforesaid, 
otherwise  than  by  purchase,  file  and  cause  to  be  recorded 
in  the  Worcester  district  regi;stry  of  deeds  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  were  taken, 
signed  by  the  water  commissioners  hereinafter  provided 
for  or  by  such  person  or  persons  as  may  be  authorized  to 
act  by  the  said  town  of  Holden. 

Section  4.  The  said  town  shall  pay  all  damages  sus-  Damages. 
tained  by  any  person  or  corporation  in  property  by  the 
taking  of  any  land,  right  of  way,  water,  water  source, 
water  right  or  easement,  or  any  other  thing  done  by  said 
town  under  the  authority  of  this  act.  Any  person  or 
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  appli- 
cation at  any  time  within  the  period  of  three  years  from 
the  taking  of  such  land  or  other  property  or  the  doing  of 
any  injury  under  the  authority  of  this  act ;  but  no  appli- 
cation shall  be  made  after  the  expiration  of  said  three 
years.  No  application  for  assessment  of  damages  shall 
be  made  for  the  taking  of  any  water,  water  right,  or  any 
injury  thereto,  until  the  water  is  actually  withdrawn  or 
diverted  by  said  town  under  the  authority  of  this  act. 

Section  5.  The  said  town  may,  for  the  purpose  of  ^°^^^° '^*'®'" 
paying  the  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  issue  from  time  to  time 
bonds,  notes  or  scrip,  to  an  amount  not  exceeding  in  the 
aggregate  forty  thousand  dollars  ;  such  bonds,  notes  and 
scrip  shall  bear  on  their  face  the  words,  Holden  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 
of  the  town  and  be  countersigned  by  the  water  commis- 
sioners hereinafter  provided  for.  The  said  town  may 
sell  such  securities  at  public  or  private  sale  or  pledge 
the  same  for  money  borrowed  for  the  purposes  of  this 
act,  and  upon  such  terms  and  conditions  as  it  may  deem 
proper.  The  said  town  shall  pay  the  interest  on  said  sinking  fund. 
loan  as  it  accrues,  and  shall  provide  at  the  time  of  con- 
tracting said  loan  for  the  establishment  of  a  sinking  fund, 


132 


Acts,  1896.  — Chap.  180. 


ments  on  loan. 


Payment  of 
expenses,  etc 


and  shall  annually  contril)ute  to  such  fund  a  sum  sufficient 
with  the  accumulations  thereof  to  pay  the  principal  of 
said  loan  at  maturity.  The  said  sinking  fund  shall  remain 
inviolate  and  pledged  to  the  payment  of  said  loan  and 
shall  be  used  for  no  other  purpose. 
fn3Tay'^°'"  Section  6.  The  said  town  instead  of  establishing  a 
sinking  fund  may  at  the  time  of  authorizing  said  loan 
provide  for  the  payment  thereof  in  such  annual  payments 
as  will  in  the  aggregate  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  such  vote  has  been 
passed  the  amount  required  shall  without  further  vote  be 
assessed  by  the  assessors  in  said  town  in  each  year  there- 
after until  the  debt  incurred  by  said  loan  shall  be  extin- 
guished, in  the  same  manner  as  other  taxes  are  assessed 
under  the  provisions  of  section  thirty-four  of  chapter 
eleven  of  the  Public  Statutes. 

Section  7.  The  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  or  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  8.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  said  town  under  the  authority 
and  for  the  purposes  of  this  act,  shall  forfeit  and  pay  to 
said  town  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort  ;  and  upon 
conviction  of  either  of  the  above  wilful  or  wanton  acts 
shall  be  punished  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  not  exceeding  one  year. 
^ners.Tie"'*'  Section  9.  The  Said  town  shall,  after  its  acceptance 
tion,  terms,  etc.  ^f  f]^[g  jjq^^  ^^  .^  legal  mcctiug  held  for  the  purpose,  elect 
by  ballot  three  persons  to  hold  office,  one  until  the  ex- 
piration of  three  years,  one  until  the  expiration  of  two 
years  and  one  until  the  expiration  of  one  year  from  the 
next  succeeding  annual  town  meeting,  to  constitute  a 
board  of  water  commissioners ;  and  at  each  annual  town 
meeting  thereafter  one  such  commissioner  shall  be  elected 
by  ballot  for  the  term  of  three  years.  All  the  authority 
granted  to  the  town  by  this  act  and  not  otherwise  specially 


Penalty  for 
corruption  of 
water,  etc. 


Acts,  1896.  — Chaps.  181,  182.  133 

provided  for  shall  be  vested  in  said  board  of  water  com- 
missioners, who  shall  be  subject  however  to  such  instruc- 
tions, rules  and  regulations  as  said  town  may  impose  by 
its  vote.  The  said  commissioners  shall  be  trustees  of  Jf°g^„tiD"*'fund 
the  sinking  fund  herein  provided  for,  and  a  majority  of 
said  commissioners  shall  constitute  a  quorum  for  the  trans- 
action of  business  relative  both  to  the  water  works  and 
the  sinking  fund.  Any  vacancy  occurring  in  said  board  Vacancy. 
for  any  cause  may  be  filled  for  the  remainder  of  the  un- 
expired term  by  said  town  at  any  legal  town  meeting  held 
for  the  purpose. 

Section  10.  This  act  shall  take  effect  upon  its  accept-  ^^^"^'"'^''^ 
ance  by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  legal  town  meeting  held 
for  the  purpose  within  three  years  from  its  passage  ;  but 
the  number  of  meetings  so  called  in  any  one  year  shall 
not  exceed  four.  Approved  March  21,  1896. 

An  Act  to  exempt  the  city  of  chicopee  from  the  provisions  nhfijy  1  g1 

OP  ACTS   relative  TO   THE   RATE   OF  TAXATION  IN   CITIES.  ^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  city  of  Chicopee  is  hereby  exempted  ^.°^Verauon 
from  the  operation  of  section  one  of  chapter  three  hun-  of  certain  provi- 
dred  and  twelve  of  the  acts  of  the  year  eighteen  hundred  ^'    ^ 
and  eighty-five,  of  section  one  of  chapter  two  hundred 
and  forty-seven  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-three,  and  of  section  one  of  chapter  four 
hundred  and  forty-five  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  until  the  first  day  of  January 
in  the  year  nineteen  hundred. 

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

Ajjproved  March  23,  1896. 

An  Act  relative  to  the  naval  brigade  of  the  militia  of  /^7,>77^1Q0 

THE   commonwealth.  -^' 

Be  it  enacted,  etc,  as  follovjs : 

Section    1.     The  oflScers  of  the  naval  brigade    shall  officers  of  navai 
consist  of  one  captain,  who  shall  ])e  chief  of  brigade,  and  compen8ark>n', 
whose  rank  and  pay  shall  be  the  same  as  that  of  a  colonel 
of  infantry.     Two  lieutenant  commanders,  who  shall  be 
chiefs  of  battalion,  and  whose  rank  and  pay  shall  be  the 
same  as  that  of  a  major  of  infantry.     The  senior  lieuten- 


etc. 


134: 


Acts,  1896.  — Chap.  182. 


Staff  officers. 


Petty  staff 
oflBcers. 


Engineer's 
force. 


Signal  corpB 


Torpedo 
division. 


ant  commander  shall  be  the  executive  officer  of  the  naval 
brigade,  the  junior  lieutenant  commander  the  navigator 
of  the  naval  brigade,  in  addition  to  their  duties  as  chiefs 
of  battalion.  A  staff,  which  shall  consist  of  a  surgeon, 
brigade  adjutant,  an  ordnance  officer,  an  equipment  officer, 
a  paymaster,  who  shall  be  the  mustering  officer  for  the 
brigade,  an  engineer,  a  signal  officer,  and  an  assistant 
surgeon.  The  surgeon  shall  be  a  lieutenant  commander, 
and  shall  have  the  rank  and  pay  corresponding  to  that 
of  a  major  of  infantry.  The  other  staff  officers,  except 
the  paymaster,  signal  officer  and  assistant  surgeon,  shall 
have  the  rank  of  lieutenants,  and  shall  have  the  rank  and 
pay  corresponding  to  that  of  captains  of  infantry.  The 
paymaster,  signal  officer  and  assistant  surgeon  shall  have 
the  rank  of  lieutenant,  junior  grade,  and  shall  have  the 
same  rank  and  pay  as  first  lieutenants  of  infantry.  There 
shall  also  be  attached  to  the  brigade  staff  the  following 
petty  officers:  —  One  master-at-arms,  who  shall  be  the 
chief  petty  officer  of  the  brigade,  and  who  shall  have 
the  rank  and  pay  of  a  sergeant  major  of  infantry.  One 
equipment  yeoman,  two  paymaster's  yeomen,  one  apoth- 
ecary, and  one  chief  bugler,  all  of  whom  shall  have  the 
same  rank  and  pay  as  non-commissioned  staff  of  infantry. 
There  shall  also  be  attached  to  headquarters  of  the  naval 
brigade  an  engineer's  force,  which  shall  consist  of  four 
machinists,  who  shall  have  the  rank  and  pay  of  non-com- 
missioned staff  of  infantry,  three  water  tenders  and  three 
oilers,  who  shall  have  the  same  rank  and  pay  as  sergeants 
and  corporals  of  infantry,  respectively,  and  fifteen  fire- 
men, who  shall  rate  as  privates  of  infantry.  The  men 
comprising  this  division  shall  have,  in  addition  to  the 
usual  requirements  for  enlistment  in  the  Massachusetts 
volunteer  militia,  such  experience  as  mechanics,  steam 
engineers  or  firemen  as  shall  fit  them  for  their  several 
ratings.  There  shall  also  be  a  signal  corps  attached  to 
headquarters  of  the  naval  brigade,  which  shall  consist  of 
one  chief  quartermaster,  who  shall  have  the  same  rank 
and  pay  as  non-commissioned  staff  of  infantry,  two 
quartermasters,  who  shall  have  the  rank  and  pay  of 
sergeants  of  infantry,  and  eight  enlisted  men.  There 
shall  also  be  attached  to  the  headquarters  of  the  naval 
brigade  a  torpedo  division,  which  shall  consist  of  one 
chief  gunner's  mate,  who  shall  have  the  rank  and  pay 
of   non-commissioned   staff   of   infantry,   two   gunner's 


Acts,  1896.  — Chap.  183.  135 

mates,  who  shall  have  the  rank  and  pay  of  ser- 
geants of  infantry,  and  ten  seamen.  For  all  of  the 
above  forces  the  brigade  commander  shall  be  the  recruit- 
ing officer,  and  they  shall  be  miiformed  and  equipped  as 
the  commander-in-chief  may  direct.  To  each  company  company 
of  the  naval  brigade  there  shall  be  one  lieutenant,  who  ° 
shall  be  chief  of  company,  one  lieutenant,  junior  grade, 
and  one  ensign,  who  shall  correspond  in  rank  and  pay 
to  captains  and  first  and  second  lieutenants  of  infantry, 
respectively,  one  chief  boatswain's  mate,  two  boatswain's 
mates,  two  gunner's  mates,  two  quartermasters,  two  cox- 
swains, one  bugler,  one  bayman  and  forty-four  seamen ; 
and  the  minimum  numl)er  of  enlisted  men  shall  be  forty- 
one.  The  chief  boatswain's  mate  shall  rank  with  a  first 
sergeant,  boatswain's  mates  and  gunner's  mates  with  ser- 
geants, coxswains  and  quartermasters  with  corporals  of 
infantry.  The  seamen  and  bayman  shall  receive  the  same 
pay  as  enlisted  men  in  companies  of  infantry.  The  duty 
of  the  naval  brigade  may  be  performed  afloat.  On  the 
passage  of  this  act  all  supernumerary  enlisted  men  will 
be  honorably  discharo'ed.     Oflicers  afiected  by  this  act,  officers  affected 

iiT  .~.  in  •  !•  1  1    to  retain  rank, 

now  holding  commissions,  shall  retain   their   rank    and  etc. 
position  until  vacancies  occur  in  their  respective  grades  ; 
but  no  further  elections  or  appointments  shall  be  had  in 
such  grades  until  the  brigade  is  reduced  to  the  number 
of  officers  allowed  by  this  act. 

Section  2.     All  acts  and   parts  of  acts    inconsistent  Repeal, 
with  this  act  are  hereby  repealed. 

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

Approved  March  25,  1896. 

An  Act  relative  to  the  collateral  loan  company.  ChaiD  183 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  The  Collateral  Loan  Company,  a  corpora-  Exempt  from 
tion  organized  under  the  laws  of  this  Commonwealth,  is  iM5?497°efc. 
hereby  exempted  from  the  operation  of  the  provisions  of 
chapter  four  hundred  and  ninety-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five,  but  shall  be  sub- 
ject to  the  provisions  of  chapter  four  hundred  and  six- 
teen of  the  acts  of  the  year  eighteen  hundred  and  ninety, 
to  the  same  extent  as  if  the  said  provisions  were  expressly 
re-enacted  as  a  part  of  this  act. 

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

Approved  March  25,  1896. 


136  Acts,  1896.  — Chaps.  184,  185,  186. 


Ch(ip.l84:  ^^  ^^"^  MAIQNG    AN   APPROPRIATION    FOR    EXPENSES   OF    THE   MET- 
ROPOLITAN PARK  COMMISSION. 

Be  it  enacted,  etc. ,  as  folloios : 

pa^rk°  omm^is-         Section  1 .     A  sum  Dot  exceediiig  forty  thousand  dol- 
sioners.  Jars  ig  hereby  appropriated,  to  be  paid  out  of  the  treasury 

of  the  Commonwealth  from  the  ordinary  revenue,  to  be 
expended  by  the  metropolitan  park  commissioners  for  the 
care  and  maintenance  of  reservations  under  their  charge, 
and  for  salaries,  rent,  travelling  expenses,  stationery, 
incidental  and  contingent  expenses  of  said  commissioners, 
during  the  year  ending  on  the  thirty-first  day  of  December 
in  the  year  eighteen  hundred  and  ninety-six. 

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

Approved  March  25,  1896. 

ChClV,\S5  -^    ■^^'^  RELATIVE    TO   THE    BOARD   OF   LICENSE   COMMISSIONERS   OF 

THE   CITY  OF  NEW  BEDFORD. 

Be  it  enacted,  etc.,  as  folloios : 

ifcensesTuwT.  Section  1 .  The  board  of  Hcensc  commissiouei's  of  the 
tain  cases,  etc.  (^j^y  of  New  Bcdford  may,  upon  the  filing  of  a  new^  bond 
and  without  the  payment  of  a  license  fee,  issue  a  new 
license  to  any  holder  of  a  license  granted  or  transferred 
by  said  board  in  the  year  eighteen  hundred  and  ninety- 
five,  and  which  has  been  or  may  be  revoked  for  any 
informality  in  the  notice  of  the  application  therefor  or 
the  publication  thereof;  and  any  conviction  which  has 
been  or  may  be  had  of  a  licensee  of  said  board  by  reason 
of  informality  in  his  license  or  in  the  proceedings  of  said 
board  relative  thereto,  shall  not  make  void  a  license 
issued  for  a  license  year  subsequent  to  April  thirtieth, 
in  the  year  eighteen  hundred  and  ninety-six. 

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

Approved  March  25, 1896. 


Cha2).186 


An  Act  relative  to  teachers'  institutes. 
Be  it  enacted,  etc.,  as  follows: 

aiiiended.^  ^'  Scctiou  ouc  of  chapter  forty-two  of  the  Public  Statutes 

is  hereby  amended  by  striking  out  the  word  "fifty",  in 
the  first  line,  and  inserting  in  place  thereof  the  words  :  — 
twenty-five,  —  and  by  inserting  after  the  word  "  schools  ", 
in  the  second  line,  the  words  :  —  in  at  least  three  contig- 


Acts,  1896.  —  Chaps.  187,  188.  137 

uous  towns,  —  so  as  to  read  as  follows:  —  Section  1.  jButitea! 
When  the  board  of  education  is  satisfied  that  twenty-five 
teachers  of  public  schools  in  at  least  three  contiguous 
towns  desire  to  unite  in  forming  a  teachers'  institute,  it 
shall,  by  a  committee  or  by  its  secretary,  or  in  case  of 
his  inability  by  such  person  as  it  may  delegate,  appoint 
and  give  notice  of  a  time  and  place  for  such  meeting,  and 
make  suitable  arrangements  therefor. 

Approved  March  25,  1896. 


Chaj^.lSl 


An  Act  to  determine  the  boundary  between  the  towns  of 
gay  head  and  chilmark. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  board  of  harbor  and  land  commis- Boundary  une 
sioners  shall  examine,  define  and  determine  the  boundary  He^^'aSdChu- 
line  between  the  towns  of  Gay  Head  and  Chilmark,  and  ™*''^- 
the  boundary  line  thus  fixed  shall  be  the  true  and  correct 
boundary  line  between  said  towns  ;  and  the  commissioners 
shall  file  a  report  of  their  doings,  with  suitable  plans  and 
exhibits  showing  the  boundary  line  by  them  so  located, 
in  the  registry  of  deeds  for  Dukes  County,  and  also  in 
the  office  of  the  secretary  of  the  Commonwealth. 

Section  2.     Said  commissioners  are. hereby  authorized  clerical  assist- 
to  employ,  with  the  approval  of  the  governor  and  council, 
surveyors  and  clerical  assistance  so  far  as  may  be  neces- 
sary to  carry  out  the  provisions  of  this  act,  at  an  expense 
not  exceeding  two  hundred  dollars. 

Approved  March  25,  1896. 


Chap.188 


An  Act  relative  to  the  nevins  memorial. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     The  Nevins  Memorial  is  hereby  authorized  ^--^y  permit 
to   permit  the  interment,  within  the  limits  of  the  real  '°  ^™^  '  ^ 
estate  belonging  to  said  corporation,  of  the  remains  of 
David  Nevins  and  his  wife,  Eliza  S.  Nevins,  and  the  erec- 
tion of  such  monument  or  memorial  as  said  corporation 
may  approve. 

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

Approved  March  25,  1896. 


138 


Acts,  1896.  — Chaps.  189,  190. 


ChavASO  ^^  ■^'^'^    '^^    PROVIDE    FOR    PRINTING    ADDITIONAL    COPIES    OF    THE 
REPORT   OF  THE  TREASURER   AND  RECEIVER   GENERAL. 

Be  it  enacted,  etc. ,  as  follows : 

Sea°ure°/and         SECTION  1.     There  shall  be  printed  for  the  u&e  of  the 

receivergenerai.  treasurer  and  receiver  general  four  hundred  copies  of  his 

report  in  addition  to  the  number  now  authorized  by  law. 

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

Approved  March  25,  1896. 


Cha'p. 


Tree  wardens. 


Powers  and 
duties. 


Not  to  remove, 
etc.,  certain 
trees  without 
public  notice, 
etc. 


To  prosecute 
complaints. 


Compensation. 
Repeal. 


190  A^    -^CT  TO   PROVIDE    FOR    THE    PRESERVATION    OF    PUBLIC    SHADE 
TREES,  AND   TO   AUTHORIZE  TOWNS   TO  ELECT   TREE   WARDENS. 

He  it  enacted,  etc. ,  as  follows  : 

Section  1.  Any  town  may  at  its  annual  election  of 
town  officers  elect  a  tree  warden,  to  serve  for  one  year. 

Section  2.  The  tree  warden  shall  have  full  care  and 
control  of  all  public  shade  trees  in  the  town.  He  shall 
have  charge  of  the  expenditure  of  all  public  funds  appro- 
priated or  granted  for  setting  out  shade  trees,  and  may 
order  the  removal  of  such  shade  trees,  or  parts  thereof, 
as  he  may  determine  to  be  for  the  best  interests  of  the 
public,  after  hearing  parties  interested. 

Section  3.  No  tree  warden  or  other  person  shall  cut 
down,  remove  or  injure  any  live  pul)lic  shade  tree  until 
the  warden  has  given  public  notice  of  the  intention  so  to 
do  by  posting  a  notice  on  the  tree  and  in  at  least  seven 
public  places  in  the  town.  Said  notice  shall  also  appoint 
a  suitable  time  and  place  for  hearing  all  parties  interested. 
At  the  time  and  place  appointed  the  tree  warden  shall 
attend  and  hear  all  persons  appearing  relative  to  the 
matter,  and  shall  then  determine  as  to  the  necessity  or 
expediency  of  such  removal,  and  his  decision  shall  be 
final. 

Section  4.  Tree  wardens  shall  enter  and  prosecute 
complaints  for  malicious  injury  to,  or  unlawful  acts  con- 
cerning, public  shade  trees. 

Section  5.  Tree  wardens  shall  receive  reasonable  com- 
pensation for  their  services  from  the  town  treasury. 

Section  6.  All  acts  or  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

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

Approved  March  25,  1896. 


Acts,  1896.  — Chaps.  191,  192.  139 


An  Act  to  authorize  the  trustees  of  the  peabodt  museum  (^J^ffy^  "jQi 

OF  AMERICAN  ARCHEOLOGY    AND    ETHNOLOGY  TO   TRANSFER  THE  "' 

PROPERTY  HELD  BY   THEM   TO   THE   PRESIDENT    AND    FELLOWS   OF 
HARVARD   COLLEGE. 

Be  it  enacted^  etc.,  as  folloios : 

Section  1.     The  Trustees  of  the  Peabody  Museum  of  MayconTey 
American  Archseology  and  Ethnology  are  authorized  and  p'reswent  and 
empowered  to  convey  all  the  property  in  their  hands  to  Harvrrd  coi- 
the  President  and  Fellows  of  Harvard  College,  upon  the  i*'g®'«"=- 
same  trusts  upon  which  it  is  now  held  by  the  said  trustees, 
and  upon  such  other  trusts  not  conflicting  or  inconsistent 
therewith  as  the  said  trustees  and  the  said  president  and 
fellows  may  agree  upon ;  and   the    said   President   and 
Fellows  of  Harvard  College  are  hereby   authorized   to 
receive  the  said  property  upon  the  said  trusts,  and  shall 
thereupon  have  all  the  powers  and  be  subject  to  all  the 
duties  in  relation   to   the    said   property,  given  to  and 
imposed  upon  the  said  trustees  by  the  several  instruments 
and  deeds  of  trust  under  which  they  now  hold  the  said 
property. 

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

Approved  March  25,  1896. 

An    Act    to    incorporate    the    barre   village    improvement  /^t        -•  qo 

society.  j^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  George  E.  Simonds,  George  A.  Brown,  Barre viiuge 
Albert  R.  Stone,  James  A.  Carruth,  Frances  W.  Jenkins,  8ode~or' 
Clinton  C  Cook,  George  N.  Harwood,  James  B.  Colby,  po^ated. 
Julia  A.  B.  Smith,  Adelaide  L.  Allen,  Ellen  A.  Johnson, 
Pliny  H.  Babbitt,  James  F.  Davis,  John  W.  Rice,  Oramel 
Clark,  Mary  Brimblecom  Martin,  Catherine  W.  Brown, 
Lucy  H.  B.  Harding,  Henry  Woods,  Eugene  A.  Bassett, 
Samuel  P.  Mandell,  John  B.  Renton,  J.  Henry  Woods, 
Elize])eth  W.  Lee,  Caroline  E.  Billings,  Matthew  Walker, 
Charles  G.  Allen,  Austin  G.  Wheelock,  Joseph  F.  Gay- 
lord,  Helen  A.  Goddard,  Caroline  W.  Woods,  Alice  M. 
Hathorne,  Lucy  Rice,  James  O.  Cook,  Frank  A.  Rich, 
Asahel  N.  Elliott,  Minerva  A.  Bailey,  Louise  Gorham 
Wilder,  Elihu  L.  Sawyer,  William  H.  Whiting,  Alex- 
ander G.  Williams,  Edward  Flynn,  Sylvester  Both  well, 
Isabel  Chase  Shattuck,  Marianne  Russell  Bartholomew, 


140 


Acts,  1896.  — Chap.  192. 


Barre  Village 
Improvement 
Society  incor- 
porated. 


Membership. 


Trustees,  elec- 
tion, etc. 


Proviso. 


George  P.  King,  Alberto  P.  Clark,  George  E.  Allen, 
Benery  Ford,  Mary  G.  Woods,  J.  Allen  Eice,  Estes 
Hawes,  Charles  H.  Osgood,  Elizabeth  L.  Pierce,  Nellie 
M.  Conant,  Clara  Maria  Kice,  Harding  Jenkins,  T.  Han- 
son White,  J.  Frank  Barrett,  Anna  B.  Comee,  Mary 
Bates  Atwood,  Charles  N.  Winship,  Timothy  H.  Spooner, 
George  E.  Bates,  James  Crane,  John  L.  Smith,  Mary  L. 
Cook,  Alice  C.  FoUansby,  Benjamin  F.  Brooks,  William 
C.  Peck,  Edwin  J.  Ames,  Mary  J.  Rogers,  Jennie  R.  E. 
Johnson,  Charles  S.  Root,  Henry  W.  Harwood,  James 
N.  Heald,  Charles  E.  Haven,  Ann  J,  Wadswoi-th,  Rebecca 
P.  Smith,  Lizzie  IngersoU,  Herbert  A.  Knight,  Alfred 
Holden,  F.  Eugene  Williams,  Annie  M.  Barry,  Mabel 
Adams  Munroe,  P.  Mirick  Harwood,  Justin  F.  Rice, 
Thomas  P.  Blakely,  Abner  R.  Mott,  Marshall  H.  Bacon, 
Thomas  B.  May,  William  F.  Tay,  James  B.  Taylor, 
James  A.  Rice,  Ernest  E.  Rice  and  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name 
of  the  Barre  Village  Improvement  Society,  for  the  pur- 
pose of  constructing,  repairing  and  maintaining  sidewalks 
and  crossings  in  the  public  streets,  planting  and  protect- 
ing shade  trees  by  the  roadsides,  ornamenting  and  caring 
for  public  grounds  and  parks  in  the  town  of  Barre,  under 
the  direction  and  subject  to  the  approval  of  the  selectmen 
of  said  town,  with  power  to  hold,  maintain,  improve  and 
ornament  any  park,  grove,  or  other  lands  in  said  town  of 
which  said  corporation  may  become  possessed,  by  pur- 
chase, gift  or  otherwise.  Also  to  preserve  natural  scenery, 
curiosities  and  places  of  historic  interest  in  said  town ; 
with  all  the  powers  and  privileges  and  subject  to  all  the 
duties,  restrictions  and  liabilities  set  forth  in  all  general 
laws  which  are  now  or  may  hereafter  be  in  force,  appli- 
cable to  such  corporations  and  not  inconsistent  with  this 
act. 

Section  2.  Said  corporation  shall  consist  of  not  less 
than  forty  members,  three  fourths  at  least  of  which  num- 
ber shall  be  residents  of  the  town  of  Barre. 

Section  3.  The  management  and  control  of  the  prop- 
erty and  afiairs  of  said  corporation,  suliject  to  its  by-laws, 
shall  be  vested  in  a  board  of  twelve  trustees,  who  shall 
be  elected,  four  each  year,  for  the  term  of  three  years  : 
provided,  horvever,  that  at  the  first  election  four  trustees 
shall  be  elected  for  one  year,  four  for  two  years  and  four 
for  three  years.     Said  trustees  shall  elect  annually  from 


Acts,  1896.  — Chap.  192.  141 

their  number  a  president,  treasurer  and  clerk,  who  shall 
serve  until    their   successors    are  elected  and  qualified. 
The  treasurer  shall  give  such  bonds  as  the  trustees  direct. 
In  the  case  of  a  vacancy  on  the  board  of  trustees  from  Vacancies. 
any  cause  such  vacancy  may  be  filled  at  any  regular  or 
special    meeting   of  the   corporation ;    and   in   case    of 
vacancy  in  the  ofiices  of  president,  treasurer  or  clerk,  said 
vacancy  may  be  filled  at  any  regular  meeting  of  the  trus- 
tees or  at  any  special  meeting,  if  notice  of  said  election 
shall  have  been  given.      In  the  choice  of  members  of  the  No  distinction 
corporation  and  the  board  of  trustees,   or    the    above-  account^of'sex. 
named  oflicers,  no  distinction  shall  be  made  on  account 
of  sex. 

Section  4.     Said  corporation  may  adopt  such  by-laws  By.iaws. 
as  it  deems  best  for  carrying  out  the  purposes  of  its 
organization,  and  said  board  of  trustees  may  make  such 
by-laws  for  their  government  as  they  see  fit :  provided,  Proviso. 
however,  that  such  by-laws  contain  nothing  inconsistent 
with  the  provisions  of  law  or  this  act. 

Section  5.  Said  corporation  may  obtain  by  purchase.  May  obtain 
gift  or  otherwise,  lands  in  the  town  of  Barre  not  exceed-  ^''^^^'  ^"'" 
ing  one  hundred  acres  in  extent,  and  may  hold,  develop 
and  administer  the  same  for  park  and  pleasure  purposes, 
the  public  to  have  free  access  to  said  lands  and  parks, 
under  reasonable  regulations  to  be  approved  by  the 
selectmen  of  said  town. 

Section  6.  Said  corporation  may  receive  and  hold  for  Grants,  be- 
the  purposes  aforesaid  an}^  grants,  donations  or  bequests,  '^"®®'*' '^'•"^• 
under  such  conditions  and  rules  as  may  be  prescribed  in 
such  grants,  donations  and  bequests,  if  not  inconsistent 
with  the  provisions  of  law  or  this  act ;  and  in  the  absence 
of  conditions  attached  to  any  grants,  donations  or  be- 
quests all  funds  thus  received  shall  be  held  in  trust,  the 
income  only  to  be  expended  for  the  general  purposes  of 
the  corporation  as  before  mentioned ;  and  such  grants, 
donations  or  bequests,  whether  in  real  estate  or  personal 
property,  not  exceeding  fifty  thousand  dollars  in  value, 
in  addition  to  the  one  hundred  acres  of  land  before  men- 
tioned, shall  be  exempt  from  taxation  so  long  as  admin- 
istered for  the  public  purposes  herein  set  forth. 

Section  7.     The  town  of  Barre  is  hereby  authorized  Town  may 

.  ,  J.  •  1  •  appropriate 

to  appropriate  and  pay  money  to  said  corporation  for  the  money,  etc. 
general  purposes  thereof,  or  for  any  specific  purposes 
wMch   may   be   designated,  and   said   corporation    shall 


142 


Acts,  1896.  — Chaps.  193,  194. 


Copy  of  report 
to  be  filed  with 
Belectmen. 


receive  and  use,  in  conformity  to  this  act  or  as  desig- 
nated, all  such  appropriations. 

Section  8.  The  treasurer  of  the  corporation  shall,  in 
the  month  of  January  in  each  year,  file  with  the  select- 
men of  the  town  a  copy  of  the  treasurer's  report,  showing 
the  income  of  the  corporation  and  the  purposes  for  which 
all  sums  were  expended  during  the  preceding  year. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1896. 

C^«l?.193  ^^  ■^^'^  RELATIVE  TO   THE   CAIXING    IN    OF    BOOKS    OF  DEPOSIT   BY 
SAVINGS   BANKS   AND   INSTITUTIONS   FOR   SAVINGS. 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  forty-seven  of  chapter  three  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  striking  out  all  after 
the  word  "  verification  ",  in  the  fourth  line,  and  inserting 
in  place  thereof  the  words  :  —  under  rules  to  be  prescribed 
by  their  respective  boards  of  investment,  duly  approved 
by  the  board  of  commissioners  of  savings  banks,  —  so 
that  the  section  as  amended  will  read  as  follows  :  —  Sec- 
tion  4  7.  During  the  year  eighteen  hundred  and  ninety- 
five  and  every  third  year  thereafter  every  such  corpora- 
tion shall  call  in  the  books  of  deposit  of  their  depositors 
for  verification,  under  rules  to  be  prescribed  by  their 
respective  boards  of  investment,  duly  approved  by  the 
board  of  commissioners  of  savings  banks. 

Approved  March  25,  1896. 


1894,  317,  §  47, 
amended. 


Verification 
of  books  of 
deposit. 


(7^a7>.194  An  Act  to  PRO\aDE  compensation  for  the  judges  of  probate 

AND  INSOLVENCr  FOR  PREPARING  RULES  AND  BLANKS. 


Judges  of 
probate  and 
insolvency, 
compensation 
for  preparation 
of  certain 
blanks,  etc. 


Be  it  enacted,  etc.,  as  follotvs  : 

Section  1 .  The  judges  of  probate  and  insolvency  who 
were  charged  with  the  duty  of  preparing  rules  of  practice 
and  procedure  and  blanks  for  courts  of  probate  and  insol- 
vency, in  accordance  with  the  provisions  of  chapter  three 
hundred  and  seventy-two  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three,  shall  be  paid  such  compen- 
sation for  their  services  as  the  governor  and  council  shall 
determine.  Such  amount  shall  be  paid  in  the  same  man- 
ner as  other  claims  against  the  Commonwealth. 

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

Ap)p roved  March  25,  1896. 


Acts,  1896.  — Chaps.  195,  196,  197.  143 


An  Act  to  provide  for  the  protection  of  the  public  health  QJid't),  195 

IN   the   city   of    CAMBRIDGE. 

5e  it  enacted^  etc.,  as  follows : 

Section  1 .  Whenever  the  board  of  health  of  the  city  Protection  of 
of  Cambridge  shall  adjudge  that  the  public  health  requires,  oambrK!'''° 
and  shall  order  that  any  lands  in  said  city,  other  than 
clay  lands  lying  west  of  Walden  street  and  within  the 
present  limits  of  wards  one  and  five,  and  lands  not  imme- 
diately abutting  on  Charles  or  Miller's  rivers,  be  filled  to 
the  grade  specified  in  such  order,  which  grade  shall  not 
exceed  thirteen  feet  above  mean  low  water,  the  owners  of 
said  land  shall  forthwith  fill  the  same  in  accordance  with 
said  order  and  in  a  manner  and  with  material  satisfactory 
to  said  board. 

Section  2.     Any  justice  of  any  court  having  jurisdic-  Enforcement  of 
tion  in  equity  may,  on  the  petition  of  the  board  of  health  p"^"^'"""*- 
of  said  city,  enforce  the  provisions  of  this  act  by  any 
proper  process  or  decree. 

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

Ajyproved  March  25,  1896. 

An  Act  to  authorize  the  Arlington  co-operative  association  C/]ian.\^Q 
TO  increase  its  capital  stock. 

Be  it  enacted,  etc.,  as  follows: 

The    Arlington    Co-operative    Association    is    hereby  May  increase 
authorized  to  increase  its  capital  stock  in  the  manner  ''^p""'  *'"*'''• 
provided  by  law,  at  such  times  and  in  such  amounts  as  it 
may  from  time  to   time  determine  ;  provided,   that  the  Proviso, 
whole  amount  of  the  capital  stock  of  said  Arlington  Co- 
operative Association  shall  not  exceed  two  hundred  and 
fifty  thousand  dollars.  Approved  March  25,  1896. 


Chap.197 


An  Act  to  authorize  the  city  of  north  adams  to  issue  bonds, 
notes  or  scrip  for  the  purpose  of  acquiring  land  and  of 
erecting  public  buildings  thereon. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  city  of  North  Adams  may  issue  bonds,  school  House 
notes  or  scrip  of  the  city  to  an  amount  not  exceeding  the  Lol^onsge'.' 
aggregate    principal   sum  of  one   hundred   and    seventy 
thousand  dollars  beyond  the  limit  now  prescribed  by  law. 
Such  bonds,  notes  and  scrip  shall  be  designated,  School 


144 


Acts,  1896.  — Chap.  198. 


Sinking  fund, 
etc. 


Sale  of  bonds, 
purchase  of 
lands,  etc. 


Not  to  be 
included  in 
determining 
debt  limit. 


House  and  City  Hall  Loan  of  1896,  and  bo  payable  in 
not  exceeding  thirty  years  from  their  date,  and  bear 
interest  at  a  rate  not  exceeding  four  per  centum  per 
annum,  and  shall  be  signed  by  the  treasurer  and  counter- 
signed by  the  mayor  of  the  city. 

Section  2.  The  city  shall  provide  a  sinking  fund  and 
shall  contril)ute  thereto  sums  raised  annually  by  taxation 
which  shall  be  sufficient  with  accumulations  to  pay  at 
maturity  the  principal  of  any  bonds,  notes  or  scrip  issued 
under  this  act,  but  if  any  of  such  bonds,  notes  and  scrip 
shall  be  so  payable  that  a  portion  thereof  shall  be  due 
annually  no  sums  need  be  paid  into  such  fund  in  respect 
thereof. 

Section  3.  The  city  council  may  authorize  the  treas- 
urer to  sell  any  such  bonds,  notes  or  scrip,  in  his  dis- 
cretion, for  not  less  than  the  par  value  thereof,  or  to 
pledge  the  same  for  borrowed  money.  The  proceeds 
thereof  shall  be  used  to  buy,  acquire,  take  and  pay  for 
the  real  estate  on  the  southwestern  corner  of  Summer  and 
Morris  streets,  and  land  adjacent  thereto  known  as  the 
Hodskins  property,  and  lands  adjacent  to  the  state  normal 
school  grounds,  and  lands  on  Johnson  street  and  at  Bray- 
tonville  and  elsewhere  in  the  said  city,  and  to  erect  and 
maintain  a  city  hall,  public  schools  and  other  buildings 
for  the  uses  of  the  city.  The  said  lands  shall  be  used  for 
a  city  hall,  city  offices,  public  schools  and  other  munici- 
pal purposes.  No  appropriation  for  the  said  land  at  the 
corner  of  Summer  and  Morris  streets  or  for  the  Hodskins 
property  shall  be  required  to  be  ratified  by  the  legal 
voters  of  the  city. 

Section  4.  No  bonds,  notes  or  scrip  issued  under 
this  act  shall  be  included  in  determining  the  limit  of  debt 
of  the  city. 

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

Apjiroved  March  25,  1S96. 


Chap.198 


Laying  out,  re- 
pairing, etc., 
of  highways  in 
Somerville. 


An  Act  relative  to  highways  in  the  city  of  somerville. 

Be  it  enacted.,  etc.,  as  folloios  : 

Section  1.  The  city  council  of  the  city  of  Somerville 
shall,  subject  to  the  veto  power  of  the  mayor,  have  exclu- 
sive authority  and  power  to  lay  out,  locate  anew,  discon- 
tinue, make  specific  repairs  in,  widen  and  otherwise  alter 
and  fix  the  grade  of  highways  within  the  limits  of  said 


Acts,  1896.  — Chaps.  199,  200.  145 

city  and  to  estimate  and  assess  the  damages  sustained 
thereby  by  any  person,  but  action  upon  said  matters  shall 
be  first  taken  by  the  board  of  mayor  and  aldermen,  and 
any  person  aggrieved  by  the  decision  of  the  city  council 
in  the  estimate  of  damages  shall  have  the  same  remedies 
,as  in  the  case  of  town  ways. 

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

Approved  March  25,  1896. 


Chap.im 


An  Act  relative  to  parks. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Whoever  violates  any  rule  or  regulation  Penalty  for 
for  the   government  or  use   of  any  public  reservation,  ri^es^'erc^^reia- 
parkway  or  boulevard,  made  under  authority  of  law  l)y  ^^""'^  ^°  v^^^^^- 
any  Ijoard   or   ofiicer  in   charge  thereof,   shall  for   each 
offence  be  punished  by  a  fine  not  exceeding  twenty  dol- 
lars, on  complaint  before  any  court  of  competent  juris- 
diction. 

Section  2.     All   acts    and   parts  of  acts  inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Ap)proved  March  25, 1896. 

An  Act  to  authorize  the  town  of  leominster  to  incur  in-  (JJiar).200 

DEBTEDNESS   BEYOND  ITS    DEBT    LUVHT    FOR    THE    PURPOSE   OF   IN- 
creasing   ITS   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1 .     The  town  of  Leominster  may,  for  the  pur-  May  issue 

p  .  .1  T     T    1  .1.    .         bonds,  notes 

pose  of  paying  the  necessary  expenses  and  liabilities  and  scrip,  etc. 
incurred  under  the  provisions  of  chapter  two  hundred  and 
forty-nine  of  the  acts,  of  the  year  eighteen  hundred  and 
seventy-one,  and  for  the  purpose  of  increasing  the  water 
supply  of  said  town,  issue  from  time  to  time  bonds,  notes 
and  scrip  to  an  amount  not  exceeding  two  hundred 
tiiousand  dollars  in  addition  to  the  amount  noAv  author- 
ized by  law.  Such  bonds,  notes  and  scrip  shall  be 
payable  at  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  town  treasurer  and  countersigned 
by  a  majority  of  the  board  of  selectmen.  Said  town  may 
sell  said  securities  at  public  or  j^rivate  sale  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 


146 


Acts,  1896.  — Chap.  201. 


Not  to  be  con- 
sidered in  deter- 
mioiDg  debt 
limit. 


Payment  of 
loan,  etc. 


but  the  same  shall  not  be  sold  for  less  than  the  par  value 
thereof. 

Section  2.  The  indebtedness  incurred  under  this  act 
shall  not  be  considered  or  reckoned  in  determining  the 
limit  of  indebtedness  of  the  town  of  Leominster  under  the 
provisions  of  law  limiting  the  indebtedness  of  towns  and 
cities. 

Section  3.  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  of  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. 

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

Ap2iroved  March  25,  1896. 


City  of  North 
AfianiB  Water 
Loan,  Act  of 
1896. 


CTiap.^OX  -^N  Act  to  authorize  the  city  of  north  adams  to  issue  bonds 

FOR  THE   PURPOSE   OF   COMPLETING   ITS   RESERVOIR   AND   FOR  SUP- 
PLYING  THE  INHABITANTS   OF   THE   CITY   WITH   PURE   WATER. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  city  of  North  Adams  may,  for  the 
purpose  of  completing  its  reservoir  at  the  Notch,  so- 
called,  and  generally  for  the  purpose  of  supplying  the 
inhabitants  of  the  city  with  pure  water,  issue  bonds, 
notes  or  scrip  to  an  amount  not  exceeding  thirty  thou- 
sand dollars  in  addition  to  all  amounts  heretofore  author- 
ized. Such  bonds,  notes  or  scrip  shall  bear  on  their  ftice 
the  words.  City  of  North  Adams  Water  Loan,  Act  of 
1896,  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  l)y  the 
treasurer  and  countersigned  by  the  mayor.  The  city 
council  may  authorize  the  treasurer  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  city  council 
may  deem  proper. 

Section  2.  The  city  council  shall  provide  at  the  time 
of  contracting  said  loim  for  the  establishment  of  a  sink- 


Payment  of 
loan. 


Acts,  1896.  — Chap.  202.  147 

ing  fund,  and  shall  annually  contribute  to  such  fund  a  Payment  of 
sum  sufficient  with  the  accumulations  thereof  to  pay  the 
principal  of  said  loan  at  maturity.  The  said  sinking  fund 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose.  Said  city 
council  instead  of  establishing  a  sinking  fund  may  pro- 
vide for  the  payment  of  such  bonds,  notes  and  scrip  in 
annual  payments  of  such  amounts  as  will  in  the  aggregate 
extinguish  the  same  within  the  time  prescribed  in  this 
act.  The  income  from  the  water  rates  not  applicable  to 
the  payment  of  other  water  debts  of  the  city  shall  l>e 
applied  to  the  payment  of  the  principal  and  interest  of 
such  bonds,  notes  and  scrip,  and  the  city  shall  raise  by 
taxation  such  sums  as  shall  l)e  necessary  in  addition 
thereto  to  pay  the  said  principal  and  interest  sums  as 
they  shall  liecome  due. 

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

Approved  March  25,  1896. 


Ghap.202 


An  Act  relative  to  the  water  loan  of  the  city  of  Worcester. 
Be  it  enacted,  etc. ,  as  foUotvs : 

Section  1 .     Section  three   of  chaioter  three  hundred  i^^^'  ^^t"  ^  ^' 

.  »i  r>i  •    ^  11  amended. 

and  eighty-four  ot  the  acts  of  the  year  eighteen  hundred 
and  ninety-five  is  hereby  amended  by  striking  out  all  after 
the  word  "  dollars  ",  in  the  ninth  line,  and  inserting  in 
place  thereof  the  words  :  —  sul)ject  to  the  provisions  of 
chapter  twenty-nine  of  the  Pul>lic  Statutes  and  acts  in 
amendment  thereof,  —  so  that  the  section  as  amended  will 
read  as  follows  :  —  Section  3.     For  the  purpose  of  de-  Worcester 
fraying  all  costs  and  expenses  incident  to  the  acts  herein     ^  ^^  *'"^' 
authorized,   including  the  payment  for  land   and    water 
rights    taken,  the    city  council    shall   have    authority  to 
borrow  from  time  to  time   such   sums  of  money,  and  to 
issue  notes,  bonds  or  certificates  therefor,  to  be  denomi- 
nated on  the  face  thereof,  Worcester  Water    Scrip,  as 
said  council  shall  deem  necessary,  to  an  amount  not  ex- 
ceeding five  hundred  thousand  dollars,  subject  to  the  pro-  p.  s.  29,  etc, to 
visions  of  chapter  twenty-nine  of  the  Public  Statutes  and  "^^^^" 
acts  in  amendment  thereof. 

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

Ax)proved  March  25,  1896. 


148 


Acts,  1896.  — Chaps.  203,  204. 


p.  g.  181,  §  42, 
amended. 


Opening  of 
foreclosure  of 
certain  mort- 


Chap.2i03  ^^    ^^'^  RELATIVE  TO    FORECLOSURES    OF    POWER    OF    SALE    MORT- 
GAGES. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1.  Section  forty-two  of  chapter  one  hundred 
and  eighty-one  of  the  Public  Statutes  is  hereby  amended 
by  adding  at  the  end  of  said  section  the  following  words  : 
—  but  nothing  in  this  section  shall  apply  to  a  foreclosure 
under  a  power  of  sale  mortgage, — so  as  to  read  as  fol- 
lows :  —  /Section  42.  If  after  the  foreclosure  of  a  mort- 
gage the  person  entitled  to  the  debt  recovers  judgment 
for  any  part  of  it  on  the  ground  that  the  value  of  the 
mortgaged  premises  at  the  time  of  the  foreclosure  was 
less  than  the  sum  due,  such  recovery  shall  open  the  fore- 
closure, and  the  person  entitled  may  redeem  the  premises, 
notwithstanding  the  three  years  limited  in  that  behalf  have 
expired,  provided  that  his  suit  for  redemption  is  brought 
within  one  year  after  the  recovery  of  such  judgment ;  but 
nothing  in  this  section  shall  apply  to  a  foreclosure  under 
a  power  of  sale  mortgage. 

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

Ap^yroved  March  25,  1S96. 


Ch(l7)-204:  -^^  ^^^  RELATIVE   TO   THE   POWERS   OF  THE  STREET  COMMISSIONERS 

OF  THE   CITY   OF   BOSTON. 


1895,  449,  §  23, 
amended. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Section  twenty-three  of  chapter  four  hun- 
dred and  forty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five  is  hereby  amended  by  adding  at  the 
end  thereof  the  words  :  —  and  said  board  of  street  com- 
missioners shall  continue  to  prepare  plans  of  such  terri- 
tory or  sections  of  land  in  said  city  as  said  board  may 
deem  necessary,  and  to  perform  all  other  acts  which  said 
board  of  survey  was  authorized  to  perform  by  chapter 
three  hundred  and  twenty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-one  and  acts  in  amendment 
thereof  or  in  addition  thereto,  until  plans  shall  have  been 
made  for  all  such  lands  or  territories,  —  s'o  that  said  sec- 
tion as  amended  will  read  as  follows  :  —  Section  23.  The 
duue^?"^^"  "°^  board  of  survey  of  the  city  of  Boston  is  hereby  abolished, 
and  the  powers  and  duties  now  exercised  by  the  said 
board  of  survey  are  hereby  transferred  to  the  board  of 


Street  commis- 
sioners of  Bos 


Acts,  1896.  — Chap.  205.  149 

street  commissioners,  and  said  board  of  street  commis- 
sioners shall  continue  to  prepare  plans  of  such  territory 
or  sections  of  land  in  said  city  as  said  board  may  deem 
necessary,  and  to  perform  all  other  acts  which  said  board 
of  survey  was  authorized  to  perform  by  chapter  three 
hundred  and  twenty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  and  acts  in  amendment  thereof 
or  in  addition  thereto,  until  plans  shall  have  been  made 
for  all  such  lands  or  territories. 

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

Apj^roved  March  25,  1896. 


An  Act  to  incorporate  the  templeton  street  railway  com- 
pany. 


Ckap.205 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     Isaac  Bourn,  Sewell  F.  Greenwood,  John  Tempieton 
F.    Chamberlin,    George    W.    Bourn,    Eugene    Lincoln,  company"'''^ 
Frederick  Greenwood,  Charles  E.  Ingalls'and  Henry  J.  incorporated. 
Wright,  their  associates  and  successors,  are  hereby  made 
a  corporation  under  the  name  of  the  Templeton  Street 
Railway  Company,  with  all  the  powers   and   privileges 
and  subject  to  all  the  duties,  conditions  and  restrictions 
set  forth  in  all  general   laws  that  now  are  or  hereafter 
may  be  in  force  relating  to  street  railway  companies. 

Section  2.     Said  company  may  locate,  construct,  main-  May  locate,  con. 
tain  and  operate  its  railway  in  such  manner  as  may  he  TJu^&yln'cer. 
convenient  and  necessary,  in  part  upon  private  land,  and  "''°  'o^°*- 
upon  streets  and  highways  in  the  towns   of  Templeton 
and  Gardner,  subject  to  the  apjjroval  and  under  the  con- 
trol of  the  selectmen  of  the  respective  towns,  as  provided 
by  general  law.     No  location  on  private  land  shall  exceed 
fifty  feet  in  width. 

Section  3.  The  proceedings  for  the  fixing  of  the  Location, taking 
route  and  location  of  said  railway  for  all  the  route  out-  ertyfac?  ^''°^' 
side  of  streets  and  highways,  and  for  the  taking  of  private 
property  and  for  the  determination  and  payment  of  dam- 
ages therefor,  shall  be  similar  to  those  prescribed  by  gen- 
eral law  in  relation  to  railroads,  except  as  hereinafter 
otherwise  provided ;  but  if  upon  petition  of  the  directors 
and  after  notice  and  hearing  thereon,  as  provided  in 
section  twenty-one  of  chapter  one  hundred  and  thirteen 
of  the  Public  Statutes,  the  selectmen  of  any  town  agree 
with  the  directors  as  to  any  proposed  extension  of  the 


150 


Acts,  1896.  — Chap.  205. 


Capital  Btock. 


May  issue  mort- 
gage bonds,  etc. 


May  transact 
business  of  a 
common  carrier 
of  goods,  etc. 


May  leaBe  its 
road,  etc. 


May  hold  water 
power,  lands, 
etc. 


Authority  to 
cease  under  cer- 
tain conditioua. 


route  of  said  railway  therein  which  is  in  part  located  on 
private  land,  and  the  selectmen  shall  sign  and  give  to  the 
directors  a  certificate  setting  forth  such  route,  and  if  such 
certificate  with  the  directors'  acceptance  thereof  in  writing 
is  recorded  in  the  registry  of  deeds  for  the  county  of 
Worcester  within  thirty  days  after  the  date  of  said  certifi- 
cate, it  shall  be  deemed  the  true  location  of  the  tracks  of 
the  company  and  a  taking  of  the  private  lands  therein 
indicated. 

Section  4.  The  capital  stock  of  said  company  shall 
not  exceed  fifty  thousand  dollars,  provided  that  said 
company  may  increase  its  capital  stock,  subject  to  the 
provisions  of  the  general  laws  relative  thereto. 

Section  5.  Said  company,  in  order  to  meet  expenses 
incurred  under  this  act,  may  issue  bonds  not  exceeding 
the  amount  of  its  capital  stock  and  payable  within  a  period 
not  exceeding  thirty  years  from  the  date  thereof,  secured 
by  a  mortgage  of  its  franchise  and  property,  subject  to 
the  general  laws  relative  thereto ;  and  in  such  mortgage 
may  reserve  to  its  directors  the  right  to  sell  or  otherwise 
in  due  course  of  business  dispose  of  property  included 
therein  which  may  become  unsuitable  for  use,  provided 
an  equivalent  in  value  is  su1)stituted  therefor. 

Section  6.  Said  company  may  transact  the  business 
of  a  common  carrier  of  goods  and  merchandise,  and  may 
use  its  tracks  for  that  purpose,  sul)ject  to  the  provisions 
of  chapter  seventy-three  of  the  Public  Statutes  relating 
to  common  carriers. 

Section  7.  Said  company  may  lease  its  road  to,  and 
its  road  may  be  leased  by,  the  Gardner  Street  Railway 
Company,  subject  to  the  general  laws  relative  thereto, 
upon  such  terms  as  may  be  approved  by  a  majority  in 
interest  of  the  stockholders  of  both  corporations  at  meet- 
ings called  for  the  purpose. 

Section  8.  Said  company  may  acquire  by  purchase 
and  hold  any  water  power  and  appurtenant  lands,  for  the 
purpose  of  furnishing  motive  power  for  its  own  use  or  for 
the  use  of  any  connecting  street  railway. 

Section  9.  The  authority  herein  granted  shall  cease 
as  to  the  location  in  any  town,  when  no  portion  of  the 
proposed  road  has  been  Ijuilt  and  put  in  operation  at  the 
end  of  two  years  from  the  passage  of  this  act. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  March  25,  1896. 


Acts,  1896.  — Chaps.  206,  207.  151 


An  Act  to   authorize   the  city  of  boston  to  pay  a  sum  op  QJifiny  206 

MONEY   to   the   WIDOW   OF   DUNCAN   McARTHUR.  " 

Be  it  enacted,  etc.,  as  follovjs : 

The  city  of  Boston  is  hereby  authorized  to  pay  to  the  in  favor  of 
widow  of  Duncan  McArthur  late  second  assistant  assessor  ^'n  n'cArthur. 
of  said  city  the  balance  of  salary  to  which  he  would  have 
been    entitled   had  he    lived   and  continued  to  be   such 
officer  until  the  expiration  of  the  term  for  which  he  was 
appointed.  Approved  March  25,  1896. 

An  Act  to   authorize    the    city    of   brockton  to  make  an  (^Tjf,Yi  207 

ADDITIONAL  LOAN   FOR   SURFACE   DRAINAGE.  "' 

Be  it  enacted,  etc.,  as  follows  : 

Section  1 .     In  addition  to  the  sums  already  authorized  city  of  Brock- 

„,  j^-1'i  1111T   *°°  Drainage 

tor  the  purposes  mentioned  m  chapter  three  hundred  and  Loan,  Act  of 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
eight,  chapter  two  hundred  and  twenty-one  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-nine  and  chapter 
ninety-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety,  the  city  of  Brockton  is  hereby  authorized  to  issue 
from  time  to  time,  outside  its  debt  limit,  bonds,  notes  or 
scrip  to  an  amount  not  exceeding  fifty  thousand  dollars. 
Such  bonds,  notes  or  scrip  shall  be  denominated  on  their 
face,  City  of  Brockton  Drainage  Loan,  Act  of  1896,  and 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  their  date  of  issue,  and  shall  liear  such 
rate  of  interest,  not  exceeding  five  per  cent,  per  annum, 
as  the  city  council  shall  determine.  Said  city  may  sell 
such  securities  at  pul)lic  or  private  sale,  or  pledge  the 
same  for  not  less  than  the  par  value  for  money  borrowed 
for  the  purposes  of  this  act,  upon  such  terms  and  con- 
ditions as  it  may  deem  proper,  and  shall  provide  for  the 
payment  of  said  indebtedness  by  fixed  annual  propor- 
tionate payments.  The  sinking  fund  of  any  loan  of  the 
city  may  be  invested  therein. 

Section    2.     The    provisions  of  chapter   twenty-nine  p.  s.  29,  etc., 
of  the  Public  Statutes  and  acts  in  amendment   thereof  '"^pp'^- 
and  in  addition  thereto,  except  as  otherwise  herein  pro- 
vided, shall  apply  to  the  indebtedness  herein  authorized 
and  the  securities  issued  hereunder. 

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

Ajyproved  March  2o,  1896. 


152 


Acts,  1806.  — Chaps.  208,  209. 


Chap.20S 


Suits  on  probate 
bonds. 


An  Act  relative  to  suits  on  probate  bonds. 
Be  it  enacted^  etc.,  as  follows : 

Section  1.  The  wife  of  a  judge  of  probate  may  be 
made  a  party  defendant  in  any  suit  upon  a  bond  given  to 
him  or  his  predecessor  as  such  judge. 

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

Approved  March  25,  1896. 


Chap.20Q  An  Act  relative  to  the  laying   out  and  construction   of 

CERTAIN   HIGHWAYS  IN   THE   CITY   OF   BOSTON. 


1895,  334,  §  2, 
amended. 


Sale  of  bonds, 
etc. 


Not  to  be 
reckoned  in 
determining 
debt  limit,  etc. 


1895,  334,  §  4, 
amended. 


Cost  of  con- 
struction, etc. 


Be  it  enacted,  etc. ,  as  follows  : 

Section  1 .  Section  two  of  chapter  three  hundred  and 
thirty-four  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  adding  at  the  end  thereof 
the  words: — Interest  shall  be  paid  on  said  bonds,  and 
sinking  funds  shall  be  established  and  maintained  there- 
for, as  prescribed  in  chapter  three  hundred  and  twenty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
one  and  acts  in  amendment  thereof  or  in  addition  thereto 
for  bonds  issued  under  the  provisions  of  said  chapter,  — 
so  that  the  said  section  as  amended  will  read  as  follows  : 
—  Section  2.  Said  bonds  shall  bear  interest  payable 
semi-annually  on  the  first  days  of  January  and  July  of 
each  year ;  shall  be  registered  or  with  interest  coupons 
attached,  be  sold  and  disposed  of  in  such  manner  and  at 
such  times  and  prices  and  in  such  amounts  and  at  such 
rates  of  interest,  not  exceeding  four  per  cent,  per  annum, 
and  for  such  terms,  not  less  than  thirty  nor  more  than 
forty  years,  as  said  treasurer  with  the  approval  of  the 
mayor  shall  determine,  and  shall  not  be  reckoned  in 
determining  the  limit  of  indebtedness  of  said  city.  In- 
terest shall  be  paid  on  said  bonds,  and  sinking  funds 
shall  be  established  and  maintained  therefor,  as  pre- 
scribed in  chapter  three  hundred  and  twenty-three  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-one  and  acts 
in  amendment  thereof  or  in  addition  thereto  for  bonds 
issued  under  the  provisions  of  said  chapter. 

Section  2.  Section  four  of  said  chapter  is  hereby 
amended  by  striking  out  all  of  said  section  after  the  word 
"  acts  ",  in  the  seventh  line  thereof,  so  that  the  said  sec- 
tion as  amended  will  read  as  follows  :  —  Section  4.  The 
costs  incurred  in  carrying  out  any  order  of  the  board  of 


Acts,  1896.  — Chaps.  210,  211,  212.  153 

street  commissioners  of  said  city  relating  to  the  laying 
out  or  constructing  of  any  public  way  aforesaid  shall  be 
determined  in  accordance  with  the  acts  authorizing  such 
laying  out  or  constructing,  and  said  cost  shall  be  repaid  to 
said  city  in  the  manner  prescribed  in  said  acts. 

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

Approved  March  25,  1896. 


Chap.210 


Draisers  in 


An  Act  relative  to  the  appointment  of  appraisers  in  pro- 
ceedings BEFORE  PROBATE  COURTS. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     In  any  case  ])efore  a  probate  court  when  Appr 
it  becomes  necessary  to  apjn-aise  property  said  court  may,  before  prXite 
when  the  property  to  l)e  ai)praiscd  is  of  small  value,  ap- 
point only  one  appraiser. 

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

App)roved  March  26,  1896. 


courts. 


Chap.^n 


An  Act  to  extend  the  time  for  the  location  op  the  rail- 
road op  THE   QUINCY  QUARRY  COMPANY. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.  The  time  within  which  the  Quincy  Quarry  Time  extended. 
Company  is  required  to  locate  the  railroad  provided  for 
by  chapter  one  hundred  and  eighty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-five  is  hereby  ex- 
tended for  the  term  of  six  months  from  the  twenty-eighth 
day  of  March  in  the  present  year. 

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

Approved  March  26,  1896. 

An  Act  to  authorize  the  town  of  stoneham  to  incur  in-  /^/i/y/v)  919 
debtedness   for   the  purpose  of  constructing  and  main-  ^  ' 

taining  a  system  of  sewerage. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  town  of  Stoneham,  for  the  purpose  stoneham 
of  defraying  the  expense  of  constructing  and  maintaining  AcTof%6;'°''°' 
a  system  of  main  drains  and  common  sewers,  is  hereby 
authorized  to  issue  from  time  to  time  notes,  bonds  or 
scrip  to  an  amount  not  exceeding  one  hundred  and  thirty 
thousand  dollars  beyond  the  limit  of  indebtedness  fixed 
by  law,  to  be  denominated  on  the  face  thereof,  Stoneham 
Sewerage  Loan,  Act  of  1896,  bearing  interest  at  a  rate 


154  Acts,  1896.  — Chap.  212. 

not  exceeding  four  per  cent,  per  annum,  payable  semi- 
annually, the  principal  to  be  payable  at  periods  of  not 
more  than  thirty  years  from  the  date  of  issue,  and  shall 
be  signed  by  the  treasurer  and  countersigned  by  the  sewer 
commissioners.  Said  town  may  sell  said  bonds,  notes  or 
scrip,  or  any  part  thereof,  from  time  to  time,  at  pulilic 
or  private  sale ;  but  none  of  said  bonds,  notes  or  scrip 
shall  be  issued  or  sold  except  in  compliance  with  the  vote 
of  the  town  nor  for  less  than  the  par  value  thereof. 

W^'°eu!*°*  Section  2.     The  receipts  from  payments,  assessments 

and  from  such  annual  rates  for  the  use  of  such  sewers  as 
said  town  may  by  vote  establish,  after  deducting  the  cur- 
rent expenses  for  and  incident  to  the  maintenance  and 
operation  of  said  sewers,  shall  be  applied,  first  to  the 
payment  of  the  interest  upon  the  bonds,  notes  or  scrip 
issued  under  the  authority  of  this  act  not  otherwise  pro- 
vided for,  and  the  balance  shall  be  set  apart  for  the  pay- 
ment or  redemption  of  said  bonds,  notes  or  scrip,  or  for 
the  payment  of  sewer  construction  and  maintenance,  as 
the  town  shall  vote,  and  shall  be  used  for  no  other  pur- 
pose. If  the  said  receipts  in  any  one  year,  not  appro- 
priated for  the  construction  and  maintenance  of  sewers, 
shall  be  insufficient  to  pay  the  interest  on  said  bonds, 
notes  or  scrip,  and  the  principal  as  it  falls  due,  then  in 
such  case  the  town  shall  raise  forthwith  such  sum  as  will 
meet  said  requirement. 

^tc.%f'l°B8™t"''       Section  3.     The  board  of  sewer  commissioners  of  said 

ments.  towii  Oil  the  writtcu  request,  made  within  three  months 

after  notification  of  assessment,  of  any  owner  of  an  estate 
assessed  by  said  commissioners  for  its  proportional  part 
of  the  charge  of  making  and  maintaining  sewers,  shall 
apportion  such  assessment  into  such  number  of  equal 
parts  or  instalments,  not  exceeding  five,  as  said  owner 
shall  state  in  such  request ;  and  said  board  shall  certify 
such  apportionment  to  thfe  assessors  of  said  town,  and 
one  of  said  parts  or  instalments,  with  interest  from  the 
date  of  said  apportionment  at  the  rate  of  five  per  cent, 
per  annum,  shall  be  added  by  the  assessors  to  the  annual 
tax  on  such  estates  for  each  year  next  ensuing  until  all  of 

ProviBo.  said  parts  have  been  so  added  and  paid :  provided^  that 

nothing  herein  contained  shall  be  construed  to  prevent 
the  payment  at  any  time  in  one  payment  of  any  balance 
of  said  assessments  then  remaining  unpaid,  notwithstand- 
ing such  prior  apportionment.     Such  assessments  shall 


Acts,  1896.  — Chaps.  213,  214.  155 

constitute  a  lien  upon  the  real  estate  assessed  and  shall  ^D\utute°a*iien 
continue  for  two  years  after  they  are  laid,  or,  if  the  upon  real  estate, 
assessment  is  divided  into  proportional  parts,  until  the 
expiration  of  two  years  from  the  time  when  the  last 
instalment  is  added  by  the  assessors  and  remitted  to  the 
collector,  and  shall  be  collected  in  the  same  manner  as 
taxes  upon  real  estate,  or  in  an  action  of  contract  in  the 
name  of  the  city  or  town. 

Section  4.  This  act  shall  take  eflfect  upon  its  passage  ;  when  to  take 
but  no  expenditure  shall  l)e  made  and  no  liability  incurred 
under  the  same  unless  this  act  shall  first  be  accepted  by 
vote  of  two  thirds  of  the  legal  voters  of  said  town  present 
and  voting  thereon  at  a  legal  meeting  called  for  that  pur- 
pose within  one  year  from  the  date  of  its  passage. 

AY)proved  March  28,  1896. 


Chap.21S 


An  Act  making  an  appropriation  for  salaries  and  expenses 
of  the  massachusetts  highway  commission. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1 .     A  sum  not  exceeding  twenty-five  thousand  Massachusetts 

_  .  ®  ''.  f,  highway  com- 

dollars  is  hereby  appropriated,  to  be  paid  out  of  the  mission, 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
for  the  payment  of  salaries  and  expenses  of  the  Massa- 
chusetts highway  commission,  pending  the  action  of  the 
legislature  on  the  proposition  to  continue  the  building  of 
state  highways  and  the  issuing  of  a  loan  therefor,  as 
provided  for  1)y  chapter  twelve  of  the  resolves  of  the 
present  year. 

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

Approved  March  28,  1896. 

An    Act   to   authorize   the   city   of   fall   river  to  lay  out  and   Cj1inr\  214 
CONSTRUCT  a   STREET   OR    WAY    THROUGH     THE    FRANCIS     BURIAL 
GROUND. 

He  it  enacted,  etc.,  as  folloios: 

Section  1 .     The  city  of  Fall  River  is  hereby  author-  May  lay  out 
ized  to  lay  out  and  construct  the  street  or  way  known  as  the^Frand"^ 
Palmer  street,  in,  upon  and  through  the  private    burial  ^""*' ground. 
ground  known  as  the  Francis  burial  ground,  situated  near 
the  intersection  of  said  Palmer  street,  as  proposed  to  be 
laid  out  with  Plymouth  avenue  :  iirovided,  that  no  l^urial  Proviso, 
lot  in  which  are  buried  the  remains  of  the  dead  shall  be 
entered  upon  under  the  provisions  of  this  act  until  such 


Proviso. 


156  Acts,  1896.  — Chap.  215, 

remains  shall  have  been  removed  to  some  other  cemetery 
and  duly  interred  therein,  with  all  headstones  as  they 
now  exist  transferred  so  as  to  mark  the  appropriate 
graves,  without  expense  to  the  owner  of  or  persons 
interested  in  such  burial  lot. 
Damages.  SECTION  2.     Said  city  shall  be  liable  to  the  owners  of 

and  all  parties  interested  in  said  burial  lot,  to  pay  all 
damages  sustained  in  their  property  by  the  taking  of  any 
lands  under  the  provisions  of  the  preceding  section.  If 
said  owners  or  any  party  interested  as  aforesaid  cannot 
agree  with  the  city  upon  the  amount  of  said  damages  such 
owners  or  party  may  have  said  damages  assessed  in  the 
same  manner  as  is  provided  in  case  of  taking  land  for 
highways  :  provided,  that  any  application  for  a  jury  to 
assess  said  damages  shall  be  made  within  one  year  after 
said  damages  are  sustained. 

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

Approved  March  28,  1896. 

Chap.2lL5  ^^  -^CT   TO   AUTHORIZE  THE  PARK   COMMISSIONERS   OF  WALTHAM  TO 
TAKE   CERTAIN  LANDS   FOR  A    WATER   PARK. 

Be  it  enacted,  etc.,  as  follows: 

urJilTildVfo'r  Section  1.  The  park  commissioners  of  the  city  of 
park  purposes.  ^Yaltliaui,  for  the  purpose  of  establishing  a  water  park, 
are  hereby  authorized  to  take  by  purchase  or  otherwise 
any  or  all  of  the  land  on  the  banks  of  the  Charles  river 
within  said  city  which  is  now  or  may  hereafter  be  covered 
with  water.  Such  taking  shall  impair  no  rights  of  flowage 
belonging  to  any  private  corporation,  but  the  city  may 
from  time  to  time,  for  the  purpose  of  abolishing  the  same, 
purchase  from  any  private  individual  or  corporation  any 
flowage  rights  over  lands  which  may  be  taken  by  virtue 
1882, 154,  etc.,  to  of  till s  act.  The  provisions  of  chapter  one  hundred  and 
lifty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-two  and  all  acts  in  amendment  thereof  or  in  addi- 
tion thereto  shall  apply  to  the  taking  of  lands  under  the 
provisions  of  this  act. 

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

Approved  March  28,  1896. 


Acts,  1896.  — Chaps.  216,  217.  157 


An    Act    relative   to   the   legacy    of  the   late  george   l.  CjJinjj  216 

RANDIDGE.  "' 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  The  city  of  Boston  is  hereby  authorized  Randidge  Trust 
to  receive  the  legacy  of  fifty  thousand  dollars  left  by  the 
late  George  L.  Eandidge  to  said  city  as  a  trust  fund  to  be 
designated  the  Eandidge  Trust  Fund,  the  income  thereof 
to  be  applied  forever  under  the  sole  direction  of  the 
mayor  of  said  city  for  the  time  being  for  the  sole  purpose 
of  afibrding  to  the  children  of  the  poor  of  said  city  of  all 
religious  denominations  the  pleasure  of  one  or  more 
excursions  during  the  months  of  July  and  August  in  each 
year,  and  is  further  authorized  to  expend  the  income  of 
said  legacy  in  accordance  with  the  terms  thereof,  as  here- 
inbefore set  forth. 

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

Aiyproved  March  28,  1896. 


Chap.217 


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

Section  1.  Charles  J.  Paine,  Albert  H.  Hews,  Charles  weston  water 
H.  Fiske,  Fred  W.  Jackson  and  Horace  S.  Sears,  their  ^ZIT  "''°'" 
associates  and  sucx^essors,  are  hereby  made  a  corporation 
under  the  name  of  the  Weston  Water  Company,  for  the 
purpose  of  supplying  the  town  of  Weston  and  its  inhabi- 
tants with  water  for  the  extinguishment  of  jfires  and  for 
domestic,  manufacturing  and  other  purposes ;  with  all 
the  powers  and  privileges  and  sul)ject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  applicable  to 
such  corporations. 

Section  2.  Said  corporation,  for  the  purposes  afore-  May  take 
said,  may  lease,  take,  acquire,  by  purchase  or  otherwise,  I'and's^et^f^'^** 
and  hold  the  waters  of  any  stream,  well  or  spring  within 
the  limits  of  the  town  of  Weston,  or  any  other  waters  at 
any  point  in  said  Weston,  and  all  the  water  rights  con- 
nected therewith,  and  may  obtain  and  take  water  by 
means  of  bored,  driven,  artesian  or  other  wells,  on  any 
land  within  the  limits  of  said  town,  and  hold  and  convey 
said  water  through  said  town ;  and  may  also  take  and 
hold,  by  purchase  or  otherwise,  all  lands,  rights  of  way 
and  easements  necessaiy  for  holding  and  preserving  such 


158 


Acts,  1896.  — Chap.  217. 


inge,  lay  down 
pipes,  etc 


Provisos. 


water  and  for  conveying  the  same  to  any  part  of  said 
May  erect  bHiid-  town  ;  and  may  erect  on  land  thus  taken  or  held  proper 
dams,  buildings,  fixtures,  reservoirs  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  etfective  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  pur- 
pose of  constructing,  maintaining  and  repairing  such 
conduits,  pipes  and  other  works,  and  for  all  proper  pur- 
poses of  this  act,  said  corporation  may  dig  up  any  such 
lands  and  ways  :  provided,  hoivever,  that  said  corporation 
shall  not  enter  upon  and  dig  up  any  public  ways  except 
with  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  daj^s'  notice  shall  be 
given  by  publishing  an  attested  copy  of  said  notice  in  a 
newspaper  published  in  said  town,  if  any,  and  by  posting 
an  attested  copy  of  said  notice  in  at  least  five  public 
places  in  said  town ;  provided,  further,  however,  that  no 
hearing  shall  be  necessary  in  cases  where  said  ways  are 
to  be  entered  upon  and  dug  up  by  said  corporation  for 
the  purpose  of  constructing  extensions  to  its  plant  and 
maintaining  and  repairing  such  conduits,  pipes  and  other 
works,  provided,  further,  however,  that  said  corporation 
shall  not  have  the  right  to  take  or  interfere  in  any  way 
with  the  water  sources  or  water  supplies  already  in  use 
or  that  may  hereafter  be  used  l)y  any  corporation  or  indi- 
vidual in  said  town  in  supplying  water  to  inhaljitants 
thereof,  for  domestic,  manufacturing  or  other  uses. 

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  sufiiciently  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 


Description  of 
lands,  etc., 
to  be  recorded 


Pamages. 


Acts,  1896.  — Chap.  217.  159 

land,  right  of  way,  water,  water  source,  water  right  or  Damages. 
easement,  or  by  any  other  thing  done  by  said  corporation 
under  the  authority  of  this  act.  Any  person  sustaining 
damaoes  as  aforesaid  under  this  act,  who  fails  to  agree 
with  said  corporation  as  to  the  amount  of  damages  sus- 
tained, may  have  the  damages  assessed  and  determined 
in  the  manner  provided  by  hiw  when  land  is  taken  for  the 
laying  out  of  highways,  on  application  at  anytime  within 
the  period  of  one  year  from  the  taking  of  such  land  or 
other  property  or  the  doing  of  other  injury  under  the 
authority  of  this  act ;  but  no  such  application  shall  be 
made  after  the  expiration  of  one  year.  No  application 
shall  be  made  for  the  assessment  of  damages  for  the 
taking  of  water  or  water  rights,  or  for  any  injury  thereto, 
until  the  water  is  actually  withdraAvn  or  diverted  by  said 
corporation  under  the  authority  of  this  act. 

Section  5.  Said  corporation  may  distril)ute  water  Distribution  of 
through  the  town  of  Weston,  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  said 
town,  or  with  any  fire  district  that  may  hereafter  be 
established  therein,  or  with  any  individual  or  corpora- 
tion, to  supply  water  for  the  extinguishment  of  fire  or 
for  any  purposes,  as  may  be  agreed  upon  by  said  town 
or  such  fire  district,  individual  or  corporation,  and  the 
said  corporation,  and  may  establish  public  fountains  and 
hydrants  and  relocate  and  discontinue  the  same. 

Section  6.     Said  corporation  may,  for  the  purposes  Real  estate, 
set  fortli   in  this   act,  hold  real  estate   not  exceeding  in  "'"^"^  ^""^ 
value  twenty-five  thousand  dollars,  and  the  whole  capital 
stock  of  said  corporation  shall  not  exceed  fifty  thousand 
dollars,  to  be  divided  into  shares  of  one  hundred  dollars 
each. 

Section  7 .     Immediately  after  the  payment  of  the  cap-  certificate  of 
ital   of  said  company  a  certificate   shall   be   signed  and  MpiTa'i^o  be 
sworn  to  by  its  president,  treasurer  and  at  least  a  major-  *^'^'*  ®'*'" 
ity  of  the  directors,  stating  the  fact  of  such  payment,  the 
manner  in    which  the  same   has  been    paid  in,  and  the 
manner  in  which  such  capital  has  been  invested,  or  voted 
by  the  corporation  to  be  invested,  at  the  time  of  making 
the  certificate.     Such  certificate  shall  be  approved  by  the 
commissioner  of  corporations  and  shall  be  filed  in  the 
office  of  the  secretary  of  the  Commonwealth.     The  con- 
veyance to  the  corporation  of  property,  real  or  personal, 


160 


Acts,  1896.  — Chap.  217. 


May  issue 
mortgage  bonds, 
etc. 


Issue  of  stock 
and  bonds  to  be 
approved  by 
commiBsioner 
of  corporations. 


Penalty  for 
corruption  of 
water,  etc. 


Town  may  take 
franchise,  prop- 
erty, etc.,  at  any 
time. 


at  a  fair  valuation,  shall  be  deemed  a  sufficient  paying  in 
of  the  capital  stock  to  the  extent  of  such  value,  if  a  state- 
ment is  included  in  the  certificate,  made,  signed  and  sworn 
to  by  its  president,  treasurer  and  a  majority  of  its  direc- 
tors, 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  ap- 
prove, and  endorsed  with  his  certificate  that  he  is  satis- 
fied that  said  valuation  is  fair  and  reasonable. 

Section  8.  Said  corporation  may  issue  bonds  and 
secure  the  same  by  a  mortgage  on  its  franchise  and  other 
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  actu- 
ally made  in  the  construction  of  the  works,  over  and 
above  the  amount  of  the  capital  stock  actually  paid  in. 

Section  9.  The  capital  stock  and  bonds  hereinbefore 
authorized  shall  be  issued  only  in  such  amounts  as  may 
from  time  to  time,  upon  investigation  by  the  commis- 
sioner of  corporations,  be  deemed  by  him  to  be  reason- 
ably requisite  for  the  purposes  for  which  such  issue  of 
stock  or  bonds  has  been  authorized.  His  decision  ap- 
proving such  issue  shall  specify  the  respective  amounts 
of  stock  and  lionds  authorized  to  be  issued  and  the  pur- 
poses to  which  the  proceeds  thereof  are  to  be  applied. 
A  certificate  settins;  forth  his  decision  shall  be  filed  in 
the  ofiice  of  the  secretary  of  the  Commonwealth  before 
the  certificates  of  stock  or  the  bonds  are  issued,  and  the 
proceeds  of  such  stock  or  bonds  shall  not  be  applied  to 
any  purpose  not  specified  in  such  decision. 

Section  10,  AVhoever  wilfiilly  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  au- 
thority and  for  the  purposes  of  this  act,  shall  forfeit  and 
pay  to  said  corporation  three  times  the  amount  of  dam- 
ages assessed  therefor,  to  be  recovered  in  an  action  of 
tort ;  and  upon  conviction  of  any  of  the  al)ove  wilfiil  or 
wanton  acts  shall  be  punished  by  a  fine  not  exceeding 
three  hundred  dollars  or  by  imprisonment  not  exceeding 
one  year. 

Section  11.  Said  town  of  Weston  shall  have  the 
right  at  any  time  to  take,  by  purchase  or  otherwise,  the 


Acts,  1896.  — Chap.  217.  161 

franchise,  corporate  property  and  all  the  rights  and  priv- 
ileges of  said  corporation,  on  payment  to  said  corpora- 
tion of  the  actual  cost  of  its  franchise,  works  and  prop- 
erty of  all  kinds  held  under  the  provisions  of  this  act, 
including  in  such  cost  interest  on  each  expenditure  from 
its  date  to  the  date  of  said  purchase  or  taking,  as  herein 
provided,  at  the  rate  of  five  per  cent,  per  annum.  If  the 
cost  of  maintaining  and  operating  the  works  of  said  cor- 
poration exceeds  in  any  year  the  income  derived  from 
said  works  by  said  corporation  for  that  year,  then  such 
excess  shall  be  added  to  the  total  cost ;  and  if  the  income 
derived  from  said  works  by  said  corporation  exceeds  in 
any  year  the  cost  of  maintaining  and  operating  said  works 
for  that  year,  then  such  excess  shall  be  deducted  from  the 
total    cost.      An   itemized  statement  of  the  receipts  and  statement  of 

i  receipts  and  ex- 

expenditures  of  said  corporation  shall  be  annually  sul)-  penditures  to 

DC  6uomitt6(l 

mitted  to  the  selectmen  of  the  town  of  Weston,  and  by  annually. 
said  selectmen  to  the  citizens  of  said  town.  If  said  cor- 
poration has  incurred  indebtedness  the  amount  of  such 
indebtedness  outstanding  at  the  time  of  such  takino;  shall 
be  assumed  by  said  town  and  shall  be  deducted  from  the 
amount  required  to  be  paid  by  said  town  to  said  corpora- 
tion under  the  foregoing  provisions  of  this  section.     This  Purchase  to  be 

,i.,,  1  !/•  !•  1  ,         •      nssented  to  by 

authority    to    purchase    such    franchise    and   property  is  a  two  thirds 
granted  on  condition  that  the  purchase  is  assented  to  by  ^°'*'' 
said  town  by  a  two  thirds  vote  of  the  voters  of  said  town 
present  and  voting  thereon  at  a  meeting  legally  called  for 
that  purpose. 

Section  12.  Said  town  may,  for  the  purpose  of  pay-  weston  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  one  hundred 
thousand  dollars ;  such  bonds,  notes  and  scrip  shall  bear 
on  their  fice  the  words,  Weston  Water  Loan ;  shall  he 
payable  at  the  expiration  of  periods  not  exceeding  thirty 
years  from  the  date  of  issue ;  shall  bear  interest  payable 
semi-annually  at  a  rate  not  exceeding  six  per  cent,  per 
annum,  and  shall  be  signed  by  the  treasurer  of  the  town 
and  countersigned  by  the  water  commissioners  hereinafter 
provided  for.  Said  town  may  sell  such  securities  at  pub- 
lic or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  of  this  act,  upon  such  terms  and  condi- 
tions as  it  may  deem  proper.     Said  town  shall  provide 


162 


Acts,  1896.  — Chap.  217. 


Sinking  fund. 


May  provide  for 
annual  pay- 
ments on  loan. 


Payment  of 
expenses,  etc. 


Water  com  mis- 
sioners,  elec- 
tion, terms,  etc. 


To  be  trustees 
of  sinking  fund 


Vacancy. 


at  the  time  of  contracting  said  loan  for  the  establishment 
of  a  sinking  fund,  and  shall  annually  contribute  to  such 
fund  a  sum  sufficient  with  the  accumulations  thereof  to 
pay  the  principal  of  said  loan  at  maturity.  Said  sinking 
fund  shall  remain  inviolate  and  pledged  to  the  payment 
of  said  loan  and  shall  be  used  for  no  other  purpose. 

Section  13.  Said  town  instead  of  estal)lishing  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  Avhen  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  l)y 
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.  Said  town  shall  raise  annually  by  taxa- 
tion 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  i)aymcnts  on  the  principal  as  may  be  required  under 
the  })rovisions  of  this  act. 

Section  15.  Said  town  shall,  after  its  purchase  of 
said  corporate  property  as  provided  in  this  act,  at  a  legal 
meeting  called  for  the  purpose  elect  by  liallot  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  an- 
nual town  meeting,  to  constitute  a  board  of  water  com- 
missioners ;  and  at  each  annual  town  meeting  thereafter 
one  such  commissioner  shall  l)e  elected  by  ballot  for  the 
term  of  three  years.  All  the  authority  granted  to  said 
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.  Said 
commissioners  shall  be  trustees  of  the  sinking  fund  herein 
provided  for  and  a  majority  of  the  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  rela- 
tive both  to  the  water  works  and  the  sinking  fund.  Any 
vacancy  occurring  in  said  board  from  any  cause  may  be 


Acts,  1896.  — Chaps.  218,  219.  163 

filled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  town  meeting  called  for  the  purpose. 

Section  16.  Upon  application  of  the  owner  of  any  security  for 
land,  water  or  water  rights  taken  under  this  act  the  damageB,  etc., 
county  commissioners  for  the  county  in  which  such  land,  ceua7n  caTes. 
water  or  water  rights  are  situated  shall  require  said  cor- 
}>() ration  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  tak- 
ing ;  and  said  county  commissioners  shall  in  like  manner 
require  further  security  if  at  any  time  the  security  before 
required  appears  to  them  to  have  become  insufficient ;  and 
all  the  right  or  authority  of  said  corporation  to  enter  upon 
or  use  such  land  or  other  property,  except  for  the  pur- 
pose of  making  surveys,  shall  be  suspended  until  it  gives 
the  security  required. 

Section  17.     This  act  shall  take  eftect  upon  its  passage,  when  to  take 
but  shall  ])ecome  void  unless  work  under  this  act  is  com-  ^ 
menced  within  three  years  from  the  date  of  its  passage. 

Approved  March  28,  1896. 


Chap.218 


An   Act  to   authorize   the  appointment  of  an  additional 
assistant  clerk  of  courts  for  the  county  of  middlesex. 

Be  it  enacted,  etc. ,  as  folloivs : 

Section  1.     The  justices  of  the  supreme  judicial  court,  May  appoint 
or  a  majority  of  them,  may  appoint  a  third  assistant  clerk  cierk. 
of  courts  for  the  county  of  Middlesex,  who  shall  be  subject 
to  the  provisions  of  law  applicable  to  assistant  clerks  of 
courts  and  who  shall   receive  an  annual  salary  of  two 
thousand  dollars,  to  be  paid  by  said  county. 

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

Approved  March  28,  1896. 

An  Act  relating  to  clerical  assistance  in  the  office  of  the  nj^f.^  oiQ 

REGISTER    OF     PROBATE     AND     INSOLVENCY    FOR  THE   COUNTY   OF  "^  * 

HAMPDEN. 

Be  it  enacted,  etc, ,  as  follows : 

Section  1.     The  register  of  probate  and   insolvency  ciencai  assist- 
for  the  county  of  Hampden  shall  ])e  allowed,  in  addition  '""'®' 
to  the  amount  now  allowed  by  law,  a  sum  not  exceeding 


164:  Acts,  1896.  — Chaps.  220,  221,  222. 

six  hundred  dollars  a  year,  from  and  after  the  first  day  of 
February  in  the  year  eighteen  hundred  and  ninety-six, 
for  clerical  assistance  actually  performed,  to  be  paid  from 
the  treasury  of  the  Commonwealth  upon  the  official  cer- 
tificate of  said  register,  countersigned  by  the  judge  of 
probate  and  insolvency  for  said  county. 

Section  2.     This  act  shall  take  eflectupon  its  passage. 

Approved  March  28^  1896. 

(JllCip.'2i1()  ^^  Act  relating  to  trials  in  inferior  courts. 

Be  it  enacted^  etc. ,  as  follows : 

amendld^^'  SECTION  1.     Scctiou  oiic  of  cliaptcr  ouc  liimdrcd  and 

seventy-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  is  hereby  amended  by  striking  out  in  the 
third  and  fourth  lines,  the  words  "an  agreed  statement 
of  all  facts  and",  so  that  said  section  as  amended  shall 

Trial  before       ^end   as   follows  I  —  Secttou  1 .     The    parties   to    a  civil 

justices  and  ,  ^         ^  ,  ,1  _ 

special  juBticea  actioii  ])efore  a  district,  police  or  municipal  court,  except 
*  the  municipal  court  of  the  city  of  Boston,  may,  upon  filing 
a  written  waiver  of  all  parties  to  all  right  of  appeal,  de- 
mand a  trial  before  the  justice  and  special  justices  sitting 
together,  which  shall  be  granted ;  and  there  shall  be  no 
right  of  appeal  from  the  judgment  of  the  majority  of  the 
three  justices  so  sitting  together. 

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

Approved  March  28, 1896. 

GhdV.^^"^  -^^  ^^'^  ^^  PROVIDE   FOR  ADDITIONAL    COPIES   OF   THE   REPORT   OF 
THE   HARBOR  AND  LAND   COMMISSIONERS. 

Be  it  enacted,  etc. ,  as  folloios  : 

boflndLuT         Section  1.     There  shall  be  printed  for  the  use  of  the 
commissionerB.  harbor  and  land  commissioners  five  hundred  copies  of 
their  report,  in  addition  to  the  number  now  authorized 
by  law. 

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

Approved  March  28, 1896. 

ChaV''^'2i2l  ^    ^^^    '^^    AUTHORIZE     THE     ERECTION     OF    A     PUBLIC     LIBRARY 
BUILDING  ON  COMMON   LAND  IN  THE  TOWN   OF   STURBRIDGE. 

Be  it  enacted,  etc. ,  as  follows : 

mfrarTbuiiding       Section  1.     The  towu  of  Sturliridge  may,  by  vote  of  a 
on  common        majority  of  the  voters  thereof  present  and  voting  thereon 


Acts,  1896.— Chaps.  223,  224.  165 

in  a  town  meeting  called  for  the  purpose,  authorize  the 
trustees  of  the  Joshua  Hyde  Public  Library  to  erect  a 
library  building  on  common  land  in  said  town ;  and  the 
provisions  of  section  sixteen  of  chapter  fiftj^-four  of  the 
Public  Statutes  shall  not  apply  to  such  building  as  may 
be  erected  pursuant  to  such  vote. 

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

Approved  March  28,  1896. 


Chap.22^ 


An  Act  to  provide  for  printing  the  annual  report  of  the 
metropolitan  sewerage  commissioners. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     There    shall   be    printed   annually   three  Report  of 
thousand  copies  of  the  report  of  the  board  of  metropolitan  ^we?age'com- 
sewerage  commissioners,  one  half  of  which  shall  be  bound  missioners. 
in  cloth,  and  fifteen  hundred  copies  shall  be  for  the  use 
of  said  commissioners. 

Section  2.     So  much  of  chapter  three   hundred  and  Rep«ai. 
ninety-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  as   is  inconsistent  with   this    act   is    hereby 
repealed. 

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

Approved  March  28,  1896. 

An  Act  to  authorize  the  fall  river  and  providence  steam-  f^j^fj^  004. 

BOAT   company  TO   DISPOSE   OF  ITS   PROPERTY  AND   EFFECTS.  -^' 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  Fall  Eiver  and  Providence  Steamboat  May  transfer 
Company,  a  corporation  organized  and  existing  under  the  Provfdience.Faii 
laws  of  this  Commonwealth,  is    hereby  authorized  and  ponstTamb'o^irt' 
empowered,  by  the  vote  of  a  majority  in  interest  of  its  c°™P'»°y'  «^'=- 
stockholders,  to  sell,  transfer  and  convey  all  its  property 
and  effects  to  the  Providence,  Fall  River  and  Newport 
Steamboat  Company,  for  not  less  than  one  hundred  and 
twenty  thousand  dollars  in  cash  and  a  further  sum  equal 
to  the  total  outstanding  del)ts  and  liabilities  of  said  first 
named    corporation    existing   at   the  time  of  such  sale, 
transfer  and  conveyance. 

Section  2.     Said  Fall  River  and  Providence  Steam- To  be  uabie  for 
boat  Company  and  all  its  said  property  and  effects  shall  ''®'''^' ®'*'- 
remain  liable  for  all  the  debts  and  liabilities  of  said  com- 
pany heretofore  or  hereafter  contracted,  notwithstanding 


166  Acts,  1896.  — Chaps.  225,  226,  227. 

the  sale,  transfer  and  conveyance  of  its  property  and 
effects  as  aforesaid. 

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

Aj^j^o-oved  March  28,  1896. 

C%ft79.225   ^^  ^^'^  RELATIVE   TO   THE   EVIDENCE   OF  REGULARITY   OF   THE   AP- 
POINTMENT OF   RAILROAD   AND   STEAMBOAT   POLICE. 

Be  it  enacted,  etc.,  as  follows  : 

pol^tmlltii^^'       Section  1.     A  duly  attested  copy  of  the  record  of  the 

railroader        appoiiituient  of  a  railroad  or  steamboat  police   officer- 
steamboat  i-ii       1         /^ii'ii       11      /•        • 
police.              whicli  has  been  nled  with  the  clerk  oi  a  city  or  town  or 

board  of  police  commissioners  in  accordance  with  the  pro- 
visions of  section  fourteen  of  chapter  one  hundred  and 
three  of  the  Pul)lic  Statutes,  shall  be  conclusive  of  the 
reiiularity  of  such  officer's  appointment. 
Evidence  of  Section  2.     Tlic  iirescncc  of  any  such  officer  on  the 

being  lawfully  .  ^       , 

on  duty.  cars,   steamboats   or  premises   oi   the    corporation   upon 

whose  petition  he  was  appointed,  wearing  a  badge  in  ac- 
cordance with  section  sixteen  of  chapter  one  hundred  and 
three  of  the  Pul)lic  Statutes,  shall  be  prima  facie  evidence 
that  he  is  lawfully  on  duty. 

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

Ajjproved  March  28,  1896. 

Gh(tp.'2i^Q  ^   ^CT  "^^   GRANT  ADDITIONAL  POWERS   TO   THE   GURNET    HEATER 

MANUFACTURING   COMPANY. 

Be  it  enacted,  etc. ,  as  follows  : 
Additional  Section  1.     The  Gurney  Heater  Manufacturing  Coni- 

powerB,  etc.,  ...  .     .  '-^ 

granted.  P'^mv,  in  addition  to  the  powers  and  privileges  granted 

by  its  charter,  is  hereby  authorized  to  manufacture  and 
deal  in  furnaces,  both  hot  air  and  combination,  steam 
boilers,  radiators  and  piping ;  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  liabilities  and 
restrictions  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  28,  1896. 

C/Jian.'2i'2il  ^^  ^^"^  ^^  AUTHORIZE  THE   CITY   OF  NEWBURYPORT  TO   INCUR  AD- 
DITIONAL INDEBTEDNESS   FOR   SEWERAGE   PURPOSES. 

Be  it  enacted,  etc. ,  as  follows  : 

amend^'  ^  ^'  Scction  uiuc  of  chapter  two  hundred  and  thirty-three 

of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine 


Acts,  1896.  — Chaps.  228,  229.  167 

is  hereby  amended  by  inserting  in  the  fifth  line,  after  the 
word  "  hundred",  the  words  :  —  and  ten,  —  so  that  said 
section  as  amended  will   read  as   follows  :  —  Section  9.  Newburypon 

mi  •  1      •  /•  1  •  •  1  Sewer  Loan, 

ihe  said  city  may,  tor  the  purposes  or  paying  the  neces-  Actof  i889. 
sary  expenses  and  liabilities  incurred  under  the  provi- 
sions of  this  act,  issue  from  time  to  time  bonds,  notes  or 
scrip  to  an  amount  not  exceeding  in  the  aggregate  one 
hundred  and  ten  thousand  dollars  beyond  the  limit  of 
indebtedness  fixed  by  law  for  said  c\tj.  Such  bonds, 
notes  or  scrip  shall  bear  on  the  face  thereof  the  words, 
Newburyport  Sewer  Loan,  Act  of  1889,  shall  be  payable 
at  the  expiration  of  periods  not  exceeding  thirty  years 
from  the  date  of  issue  and  shall  bear  interest  payable 
semi-annually  at  a  rate  not  exceeding  six  per  cent,  per 
annum  ;  but  the  provisions  of  chapter  twenty-nine  of  the 
Pul)lic  Statutes  and  of  chapter  one  hundred  and  twenty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
four  shall  otherwise  apply  to  the  issue  of  such  bonds, 
notes  or  scrip  and  to  the  establishment  of  a  sinking  fund 
for  the  payment  thereof  at  maturity. 

Approved  March  28, 1896. 


Ckap.22S 


An  Act  to  abolish  days  of  grace  on  commercial  paper,  ex- 
cept SIGHT  DRAFTS. 

Be  it  enacted^  etc.,  as  folloivs  : 

Section  1.  On  all  notes,  drafts,  except  sight  drafts.  Days  of  grace 
checks,  acceptances,  bills  of  exchange;  bonds  or  other  ^  °'*  **  • 
evidences  of  indebtedness  made,  drawn  or  accepted  by 
any  person  or  corporation  after  this  act  shall  take  efi'ect, 
and  in  which  there  is  no  expressed  stipulation  to  the  con- 
trary, no  grace,  according  to  the  custom  of  merchants, 
shall  be  allowed,  but  the  same  shall  be  due  and  payable 
as  therein  expressed,  without  grace. 

Section   2.     All  acts  and  parts    of  acts    inconsistent  Repeal. 
with  this  act  are  hereby  repealed. 

Section  3.     This  act  shall  take  efi'ect  on  the  first  day  To  take  effect 
of  January  in  the  year  eighteen  hundred  and  ninety-seven.    *'  ' 

AjJj^roved  March  28,  1896. 

An  Act  relative  to  black  bass  fishing.  Ohnn  22Q 

Be  it  enactedy  etc.,  as  folloivs: 

Whoever  takes  from  the  waters  of  this  Commonwealth  biacif  bass"'' "* 
a  black  bass  less  than  eight  inches  in  length,  or  sells  or  restricted. 


168 


Acts,  1896.  — Chap.  230. 


offers  to  sell  or  has  in  his  possession  with  intent  to  sell 
any  such  black  bass,  shall  forfeit  ten  dollars  for  each  fish 
.  so  sold  or  offered  or  exposed  for  sale.  In  any  prosecu- 
tion under  this  act  the  possession  of  any  black  bass  less 
than  eight  inches  in  length  shall  be  prima  facie  evidence 
of  a  violation  thereof.  Approved  March  28,  1896. 


Cha7).2S0  -^^    ^^^    RELATIVE     TO    THE     REGISTRATION     OF     PHYSICIANS    AND 

SURGEONS. 


Applications  for 
rea;iHt  ration  as 
physiciuns  or 
Burgeons. 


Certificatea  of 
registration  to 
be  issued  to  cer- 
tain applicants. 


Proviso. 


Certain  certifi- 
cates may  be 
revolied. 


Penalty. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  All  applications  for  registration  as  physi- 
cians or  surgeons  under  the  provisions  of  chapter  four 
hundred  and  fifty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  shall  be  made  upon  blanks  to 
be  furnished  by  the  board  of  registration  in  medicine  and 
shall  be  signed  and  sworn  to  by  the  applicants. 

Section  2.  Said  board  shall  examine  all  applicants, 
and  only  such  as  are  found  qualified  and  shall  give  satis- 
factory proof  of  being  twenty-one  years  of  age  and  of 
good  moral  character  shall  receive  certificates  of  registra- 
tion as  pro\dded  in  said  act :  provided,  however,  that  said 
board  shall  register  without  examination  any  applicant 
whom  it  may  find  to  be  of  good  moral  character,  of  more 
than  sixty  years  of  age,  and  a  graduate  of  a  legally  char- 
tered medical  college  having  power  to  confer  degrees  in 
medicine,  and  who  has  l)een  a  practitioner  of  medicine 
in  this  Commonwealth  for  a  period  of  ten  years  next 
prior  to  the  passage  of  this  act,  and  who  otherwise  com- 
plies with  the  provisions  of  this  act. 

Section  3.  Said  board  may  by  a  unanimous  vote, 
after  a  hearing,  revoke  any  certificate  issued  by  it  to, 
and  cancel  the  registration  of,  any  person  convicted  of 
any  crime  in  the  practice  of  his  professional  business  or 
convicted  of  a  felony. 

Section  4.  Any  person  who  shall  practice  medicine 
or  surgery  under  a  false  or  assumed  name,  or  under  a 
name  other  than  that  under  which  he  is  registered,  or 
w^ho  shall  personate  another  practitioner  of  a  like  or 
different  name,  shall  be  punished  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred 
dollars  for  each  offence,  or  by  imprisonment  in  jail  three 
months,  or  by  both.  A2)proved  April  1, 1896. 


Acts,  1896.  — Chaps.  231,  232.  169 


An  Act  to  bequire  SAvmos  banks  and  institutions  for  sav-  QJku)  231 

INGS  TO   MAKE   EXTRA   DIVIDENDS   IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  three  hundred  and  seventeen  of  the   acts  of  i^^*-  ^i^.  §  28, 

'■  .  amended. 

the  year  eighteen  hundred  and  ninety-four  is  hereby 
amended  by  striking  out  the  whole  of  section  twenty- 
eight,  and  inserting  in  place  thereof  the  following :  — 
Section  28.  Once  in  every  term  of  three  years,  at  the  Extra  dividends 
time  provided  by  the  by-laws  for  making  ordinary  divi-  cenain^cases. 
dends,  if,  after  such  ordinary  dividend  is  made,  the  net 
profits  accumulated,  including  the  amount  of  the  guaranty 
fund,  amount  to  eleven  per  cent,  of  the  deposits  which 
have  remained  in  such  corporation  for  one  year  then  next 
preceding,  such  net  profits  in  excess  of  ten  per  cent,  shall 
be  divided  among  the  depositors  whose  deposits  have  re- 
mained therein  for  one  year  at  least  then  next  preceding, 
in  proportion  to  the  amount  of  dividends  which  have  been 
declared  on  their  deposits  during  the  three  years  next  pre- 
ceding. Ax>proved  April  I,  1896. 

An  Act  to  unite  the  city  of  springfield  and  the  town  of  nj^riq^  2S2 

WEST   SPRINGFIELD.  "' 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     All  the  territory  now  comprised  within  Town  of  west 
the  limits  of  the  town  of  West  Springfield  in  the  county  a^nexed^o 
of  Hampden,  with  the  inhabitants  and  estates  therein,  is  spnngfieid. 
hereby  annexed  to  and  made  a  part  of  the  city  of  Spring- 
field in  said  county :  provided,  hoivever,  that  until  consti-  Proviso. 
tutionally  and  legally  changed  said  territory,  for  the  pur- 
pose of  electino-  members  of  conoress,  state  senators  and  Election  of 

.0  ^  11  1  .  members  of 

representatives,  shall  continue  to  belong  to  the  respective  congresB,  state 
districts  of  which  it  may  be  legally  a  part  when  this  act  representatives. 
takes  full  efiect.     All  the  duties  now  required  by  law  to  Duties  of  om- 
be  performed  by  the   selectmen   and  town  clerk   of  the  to'eimions."'^ 
town  of  West  Springfield,  or  either  of  them,  pertaining 
to  the    election   of  members  of  congress,  state  senators 
and  representatives,  shall  in  like  manner  devolve  upon 
and  be  performed  by  the  mayor  and  board  of  aldermen  and 
city  clerk  of  the  city  of  Springfield,  respectively,  as  pro- 
vided by  law  for  such  elections  in  said  city.     Ward  and  , 
precinct  officers  of  the  ward  created  out  of  said  territory, 
as  hereinafter  provided,   shall  be  appointed,   have   like 


170 


Acts,  1896.  — Chap,  232. 


Public  property 
of  West  Sprin;;- 
field  to  be  vested 
iD  Springfield, 
etc. 


Treasurer  of 
West  Spring- 
field to  deliver 
books,  etc., 
to  treasurer  of 
Springfield. 


Springfield 
liable  for  debts, 
etc.,  of  West 
Springfield. 

Proviso. 


Territory  to 
constitute  ward 
nine. 


duties  and  perform  them  in  like  manner  as  similar  officers 
of  other  wards  and  precincts  in  said  city.  The  precincts 
now  established  in  said  town  shall  remain  the  same  until 
duly  changed  by  provisions  of  law. 

Section  2.  All  the  public  property  of  the  said  town 
of  West  Springfield  shall  be  vested  in  and  is  hereby  de- 
clared to  be  the  property  of  the  city  of  Springfield ;  and 
said  city  of  Springfield  shall  succeed  to  all  the  rights, 
claims,  causes  of  action,  rights  to  uncollected  taxes,  liens, 
uses,  trusts,  duties,  privileges  and  immunities  of  said 
town  of  West  Springfield.  All  power  conferred  upon 
the  selectmen  by  the  provisions  of  section  three  of  chapter 
forty-four  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-eight  shall  be  exercised  by  the  board  of  mayor 
and  aldermen  of  the  city  of  Springfield,  and  the  provi- 
sions of  said  act  shall  continue  in  force.  The  passage 
of  this  act  shall  not  be  construed  to  change  the  liability 
of  said  county  in  regard  to  the  care  and  maintenance  of 
the  Connecticut  river  bridges  connecting  said  town  and 
said  city,  as  now  fixed  by  law.  The  town  treasurer  of 
the  town  of  West  Springfield  shall,  on  or  before  the 
second  Monday  of  January  in  the  year  eighteen  hundred 
and  ninety-seven,  under  the  direction  of  the  selectmen 
of  said  town  of  West  Springfield  (who  shall,  for  this 
purpose  and  for  all  other  purposes  necessary  to  carry 
into  full  eflect  the  provisions  of  this  act,  continue  to  hold 
their  offices),  transfer,  deliver,  pay  over  and  account  for 
to  the  city  treasurer  of  the  city  of  Springfield,  all  books, 
moneys  and  other  property  in  his  possession  as  town 
treasurer  of  said  town  of  West  Springfield  when  this  act 
shall  take  efiect ;  and  the  city  of  Springfield  shall  become 
liable  for  and  subject  to  all  the  debts,  obligations,  duties, 
responsibilities  and  liabilities  of  said  town  of  West  Spring- 
field :  j)^'ovided,  that  if  this  act  is  accepted  no  debt  shall 
be  contracted  nor  expenses  made  except  for  the  ordinary 
and  usual  expenditures  in  keeping  with  its  growth  until 
this  act  takes  full  effect.  All  actions  and  causes  of  action 
which  may  be  pending  or  which  may  have  accrued  at  the 
time  this  act  shall  take  effect,  in  behalf  of  or  against  the 
town  of  West  Springfield,  shall  survive  and  may  be  prose- 
cuted to  final  judgment  and  execution  in  behalf  of  or  against 
the  city  of  Springfield. 

Section  3.     Said  territory  shall  constitute  a  ward  of 
the  city  of  Springfield,  to  be  called  ward  nine,  and  shall 


Acts,  1896.  — Chap.  232.  171 

so  remain  until  the  alteration  of  the  ward  limits  of  said 
city  provided  hy  law ;  and  the  ward  so  established  shall 
be  entitled  to  such  municipal,  ward  and  precinct  officers 
as  are  provided  for  other  wards  and  precincts  of  said 
city. 

Section   4.     Trustees    shall   continue    to    manao;e  all  fchooi  and  poor 
school  and  poor  funds  of  said  town  and   shall   disburse 
the  income  thereof  for  the  l)enelit  of  the  territory  em- 
braced within  its  limits,  according  to  the  terms  of  their 
respective  trusts.     The  town  li])rary  shall  remain  in  said  Town  library, 
territory  and  may  be  made  a  branch  of  the  city  library. 

Section  5.  The  territory  so  transferred  and  the  in-  Liability  for 
habitants  thereof  and  their  estates  shall  be  liable  for  all  '*''''^'®"" 
taxes  already  assessed  and  not  paid,  and  also  all  town, 
county  and  state  taxes  that  may  be  hereafter  assessed  on 
them  l)y  said  town  of  West  Springfield  and  before  this  act 
shall  take  effect,  in  the  same  manner  as  they  would  have 
been  liable  if  this  act  had  not  been  passed ;  and  the  town 
treasurer  and  collector  of  said  town  of  West  Springfield 
are  hereby  authorized  to  collect  the  same  in  the  manner 
provided  by  law,  after  this  act  shall  take  effect. 

Section  6.  If  this  act  shall  be  accepted  as  hereinafter  To  take  pan  in 
provided  said  territory  shall,  after  the  fifth  day  of  Novem-  tTo"n  fonowing"" 
ber  in  the  year  eighteen  hundred  and  ninety-six,  consti-  "'^^^p'*^*^®- 
tute  a  ward  of  the  city  of  Springfield,  to  l)e  called  ward 
nine,  for  all  the  purposes  mentioned  in  this  section  and 
the  following  section  of  this  act.  The  legal  voters  of  said 
ward  nine  shall  meet  in  their  several  voting  precincts  on 
the  same  day  in  said  year  and  in  the  same  manner  as 
N'oters  of  other  wards  of  said  city  of  Springfield  who  meet 
for  a  like  purpose,  and  bring  in  their  ballots  for  the 
several  municipal  officers  for  the  ensuing  3'^ear  for  whom 
they  are  entitled  to  vote  ])y  virtue  of  the  provisions  of 
this  act.  Seven  days  at  least  before  said  election,  all 
laws  to  the  contrary  notwithstanding,  lists  of  voters  shall 
l)e  made  and  posted,  and  the  meetings  shall  be  called, 
notified,  advertised  and  all  other  things  as  far  as  may  be 
shall  l)e  done  as  provided  by  law  for  other  wards  of  said 
city  in  municipal  elections.  The  legal  voters  of  said  town 
shall  have  the  same  right  to  vote  in  said  election  as  if 
said  territory  had  been  a  part  of  said  city  for  more  than 
six  months  preceding  said  election.  For  said  purposes 
the  precinct  and  other  officers  of  said  town  shall  continue 
to  act  until  others  are  appointed. 


172 


Acts,  1896.  — Chap.  232. 


Board  of  alder- 
men, common 
council,  etc. 


Obligation  of 
contracts,  etc. 
not  impaired. 


Police  officers, 
firemen,  etc. 


Not  to  take  full 
effect  until 
accepted  by 
voters  of 
Springfield  and 
West  Spring- 
field. 


Ballot  to  be 
taken  at  annual 
state  election, 
1896. 


Form  of  ballot. 


Result  of 
balloting  to  be 
recorded  and 
returned. 


Section  7.  After  the  present  municipal  year  the 
board  of  aldermen  of  said  city  shall  consist  of  nine  mem- 
bers. The  common  council  of  said  city  shall  consist  of 
twenty  members.  The  number  of  the  school  committee 
shall  be  increased  l)y  one  member.  All  said  additional 
members  are  to  be  elected  from  said  ward  nine. 

Section  8.  Nothing  contained  in  this  act  shall  impair 
tlie  obligation  of  contracts.  All  franchises  and  vested 
rights  granted  by  the  town  of  West  Springlield  shall 
remain  in  full  force  and  operative  as  though  granted  by 
and  for  the  city  of  Springfield. 

Section  9.  The  several  police  oflScers,  fire  engineers 
and  firemen  who  shall  be  serving  the  said  town  when  this 
act  shall  take  eftect  sliall  thereafter  continue  in  the  dis- 
charge of  their  respective  duties  as  oflicers  and  serve  said 
city  until  others  are  appointed  in  their  places. 

Section  10.  This  act  shall  not  take  fiill  efiect  until  it 
has  been  accepted  by  a  majority  of  the  legal  voters  of  said 
city  of  Springfield  present  and  voting  by  ballot  at  meet- 
ings which  shall  be  held  in  the  several  precincts  of  said 
city,  and  has  also  been  accepted  by  a  majority  of  the  legal 
voters  of  the  town  of  West  Springfield  present  and  voting 
thereon  at  meetings  which  shall  be  held  in  the  several 
precincts  of  said  town.  Said  ballot  shall  be  taken  and 
the  polls  shall  be  open  for  said  voting  during  the  same 
time  and  at  the  same  places  and  in  connection  with  the 
l)alloting  for  state  ofiicers  at  the  annual  election  on  the 
first  Tuesday  of  November  in  the  year  eighteen  hundred 
and  ninety-six.  Said  ballot  shall  be  "Yes",  or  "No", 
in  answer  to  the  question,  "  Shall  an  act  passed  by  the 
legislature  of  the  Commonwealth  of  Massachusetts  in  the 
year  eighteen  hundred  and  ninety-six,  entitled  '  An  Act 
to  unite  the  city  of  Springfield  and  the  town  of  West 
Springfield ',  be  accepted  ?  "  Said  question  shall  be  placed 
on  the  ballots  furnished  by  the  state,  and  in  voting  a  cross 
shall  be  put  opposite  the  word  "Yes  ",  or  "  No  ",  in  like 
manner  as  in  voting  for  state  ofiicers.  The  ballots  given 
in  shall  be  assorted,  counted  and  declared  in  the  several 
precinct  meetings  of  said  city  and  said  town  in  open 
meeting,  and  records  made  thereof.  The  clerk  of  each 
precinct  in  the  city  of  Springfield  shall  make  return  of 
all  ballots  given  in  his  precinct,  and  the  number  of  ballots 
in  favor  of  the  acceptance  of  this  act  and  the  number  of 
ballots  against  said  acceptance,  to  the  board  of  aldermen 


Acts,  1896.  — Chap.  232.  173 

of  said  city.     Said  returns  shall  be  made  within  forty- 
eight  hours  of  the  close  of  the  polls.     It  shall  l)c  the  duty  Returns  to  be 
of  the  city  clerk  of  said  city  to  certify  as  soon  as  may  l)e  ^crltii?y  of  the 
the  ballot  cast  in  said  city,  and  the  number  of  ballots  cast  commonwealth. 
in  favor  of  the  acceptance  of  this  act  and  the  number  of 
ballots  cast  against  said  acce[)tance  in  said  city,  to  the 
secretary  of  the  Commonwealth.     The  clerk  in  each  pre- 
cinct in  the  town  of  West  Springfield  shall  make  return 
of  all  ballots  given  in  his  precinct,  and  the  number  of 
ballots  in  favor  of  the  acceptance  of  this  act  and  the  num- 
ber of  ballots  against  said  acceptance,  to  the  selectmen 
of  said  town.     Said  returns  shall  be  made  within  forty- 
eight  hours  of  the  close  of  the  polls.     The  selectmen  and 
town  clerk  of  said  town  shall,  as  soon  as  may  be,  make  a 
like  return  of  the  ballots  cast  in  said  town,  and  the  num- 
ber of  l)allots  cast  in  favor  of  aece})tance  of  this  act  and 
the  number  of  ballots  cast  against  said  acceptance  in  said 
town,  to  the  secretary  of  the  Commonwealth.     The  secre-  secretary  to 
tary  of  the   Commonwealth   shall  keep  a  record  of  the  LTacceptance!^ 
returns,  and  if  it  shall  appear  that  a  majority  of  the  votes 
cast  in  the  city  of  Springfield  and  a  majority  of  the  votes 
cast  in  said  town,  respectively,  are  in  favor  of  the  accept- 
ance  of  this    act,  the    said  secretary  shall  immediately 
issue  his  certificate  declaring  this  act  to  have  been  duly 
accepted. 

Section  11.     So  much  of  this  act  as  authorizes  and  Portion  of  act 
directs  the  submission  of  the  question  of  acceptance  of  upon  its  pas- 
this  act  to  the  legal  voters  of  said  city  and  said  town,  ^"^^' 
respectively,  provided  for  in  the  tenth  section  of  this  act, 
shall  take  eflect  upon  its  passage. 

Section"  12.     The  present  special  county  commissioner  special  county 
for  the  county  of  Hampden,  residing  in  said  West  Spring-  *'°'^™^^*'°°®'"- 
field,  shall   continue  to  exercise  the  duties  of  his  ofiice 
until  the  expiration  of  the  term  of  office  to  which  he  is 
elected,  the  same  as  if  this  act  had  not  been  passed. 

Section  13.  If  this  act  shall  be  accepted  as  herein  when  to  take 
provided  it  shall  take  effect  on  the  fifth  day  of  November  ^^'"''* 
in  the  year  eighteen  hundred  and  ninety-six,  so  far  as  to 
authorize,  legalize  and  carry  into  effect  the  act  and  pro- 
visions of  the  sixth  and  seventh  sections  of  this  act ;  but 
for  all  other  purposes;  except  as  mentioned  in  section 
eleven  of  this  act,  it  shall  take  efiect  on  the  first  Monday 
of  January  in  the  year  eighteen  hundred  and  ninety- 
seven. 


174  Acts,  1896.  — Chaps.  233,  234. 

Md  voUng°"i8tB,      Section  14.     The  board  of  registration  of  said  city 
etc.  '  shall  make  use  of  the  registration  and  voting  lists  of  said 

town  used  in  voting  on  the  acceptance  of  this  act ;  and 
said  registration  and  voting  lists,  with  such  additions  of 
qualified  voters  as  may  be  made,  shall  be  the  registration 
and  voting  lists  of  said  Avard  nine  under  sections  six  and 
seven.  All  persons  and  ofiicers  of  said  town  having  the 
custody  of  books,  papers,  records,  registration  and  voting 
lists,  or  other  things  necessary  to  carry  out  the  aforesaid 
provisions  and  not  hereinbefore  provided  for,  shall  deliver 
the  same  to  ofiicers  of  said  city  having  like  duties  Avhen- 
ever  the  same  shall  be  needful  to  carry  out  the  purposes 
of  this  act.  Approved  April  i,  1896. 


njiaj).2S3  ^^    ^^"^  '^^   EXEMPT  THE   CITY   OF   EVERETT   FROM   THE  PROVISIONS 
OF  AN  ACT  RELATIVE  TO   THE   RATE   OF   TAXATION  IN    CITIES. 

Be  it  enacted,  etc. ,  as  follows  : 

op^erTtion'^of'*""       Section  1.     The  city  of  Everett  is  hereby  exempted 
1885, 312,  §  1.      from  the  operation  of  section  one  of  clia})ter  three  hun- 
dred and  twelve  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five  until  the  first  day  of  January  in  the  year 
nineteen  hundred  and  two. 

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

Approved  April  1,  1896. 


Cha7).2S4:  ^^  ^^'^  "^^   PROVIDE   FOR  AN   ADDITIONAL  SPECIAL  JUSTICE  OF  THE 
MUNICIPAL   COURT   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 
Additional  Section  1.     There  shall  be  appointed  in  the  manner 

special  justice.  .iii  i  •         •  itj-  i  •!• 

l^rovided  by  the  constitution  one  additional  special  justice 
of  the  municipal  court  of  the  city  of  Boston,  who  shall 
have  the  powers  and  duties  and  shall  be  paid  the  com- 
pensation prescribed  for  a  special  justice  of  said  court 
by  section  fifty-seven  of  chapter  one  hundred  and  fifty- 
four  of  the  Public  Statutes ;  so  that  said  court  shall  be 
composed  of  one  chief  justice,  five  associate  justices  and 
two  special  justices. 

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

Approved  April  1,  1896. 


Acts,  1896.  — Chap.  235.  175 

An  Act  making  appropriations  for  the  soldiers'  home   in  (Jjiaj).^^ 

MASSACHUSETTS,    FOR    THE    NEW     STATE    NORMAL     SCHOOL     AT 
SALEM,  AND   CERTAIN  OTHER  EXPENSES    AUTHORIZED    BY    LAW. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  sums  hereinafter  mentioned  are  aj)-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
to  wit :  — 

For  Nellie  R.   Stevens,  widow  of  Everett  A.  Stevens,  widow  of 
as  authorized  by  chapter  four  of  the  resolves  of  the  pres-  steven".  ' 
ent  year,  the  sum  of  sixteen  hundred  twenty-seven  dol- 
lars and  sixty-nine  cents. 

For  printing  extra  copies  of  the  report  of  the  metro-  Report  of 

1 . ,  •       •  jj\         '        ^   ^  ^         J.         metropolitan 

politan  sewerage  commLssioners,  as  authorized  by  chapter  sewerage 
five  of  the  resolves  of  the  present  year,  a  sum  not  exceed-  '^o^^'nisBionerB. 
ino-  two  hundred  and  fifty  dollars. 

For  the  widow  of  William  S.   Shurtlefi",  as  authorized  S!;^?"'o| 

'  William  S. 

by  chapter  seven  oi  the  resolves  oi  the  present  year,  the  shurtieff. 
sum  of  twenty-eight   hundred   eighty-three  dollars  and 
thirty-eight  cents. 

For  Patrick  Buckley,  as  authorized  by  chapter  eight  Patrick  Buck, 
of  the  resolves  of  the  present  year,  the  sum  of  two  hun- 
dred dollars. 

For  James  A.  Grant,  as  authorized  by  chapter  thirteen  jameaA. 
of  the  resolves  of  the  present  year,  the  sum  of  three  hun-  ^'■"°'- 
dred  and  sixty  dollars. 

To  provide  for  the  acquisition  of  land  and  the  erection  Erection  of 
of  tablets  or  monuments  on  the  battlefield  of  Antietam,  bk'ttiefield'of"" 
as  authorized  by  chapter  sixteen  of  the  resolves  of  the  -^^^letam. 
present  year,  a  sum  not  exceeding  eight  thousand  dol- 
lars. 

For  the  trustees  of  the  Soldiers'  Home  in  Massachu-  Boidiers'  Home. 
setts,  as  authorized  by  chapter  eighteen  of  the  resolves 
of  the   present  year,   the  sum  of  thirty  thousand  dol- 
lars. 

For  the  new  state  normal  school  at  Salem,  as  author-  Normal  school 
ized  by  chapter  nineteen  of  the  resolves  of  the  present  *    *^"* 
year,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  the  care  and  furnishing  of  the  armory  of  the  Mas-  Armory  at  Fail 
sachusetts  volunteer  militia  in  the  city  of  Fall  Kiver,  as 
authorized  by  chapter  twenty  of  the  resolves  of  the  pi'es- 


176 


Acts,  1896.  — Chaps.  236,  237. 


Sewer  assess- 
mentB  and 
charges  to  con- 
stitute a  lien 
upon  estates, 
etc. 


ent  year,  a  sum  not  exceeding  twenty-two  hundred  dol- 
lars. 

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

Approved  April  i,  1896. 

ChCtP.2SQ  -^^    -^^"^    RELATIVE    TO    THE    COLLECTION    OF    SEWER    ASSESSMENTS 

AND   CHARGES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  All  assessments  and  charges  for  main 
drains  and  common  sewers,  whether  in  the  nature  of 
assessments  or  charges  for  the  use  of  such  sewers  or 
annual  charges  or  rentals  or  otherwise  upon  any  estate, 
whether  the  same  abuts  upon  a  street  where  such  sewer 
is  laid  or  otherwise,  shall  constitute  a  lien  upon  said 
estates  and  may  be  collected  in  the  same  manner  as  taxes 
upon  real  estate,  or  by  an  action  of  contract  in  the  name 
of  the  city.  Said  lien  shall  continue  for  two  years  after 
said  assessments  or  charges  have  been  committed  to  the 
collector  for  collection,  and  when  sums  are  to  be  paid  in 
instalments  such  lien  shall  continue  for  two  years  after 
the  last  instalment  has  been  committed  to  the  collector 
for  collection. 

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

Approved  April  1,  1896. 

ChCip.2S7  ^^   -^CT   RELATIVE   TO   THE   LOCATION,  LAYING   OUT  AND   CONSTRUC- 
TION  OF   HIGHWAYS   IN   THE   CITY   OF   BOSTON 


1891,  323,  §  11, 
etc.,  amended. 


Method  of 
determining  a 
parcel  of  land. 


1891,  323,  §  14, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  eleven  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one,  as  amended  by  section  six  of  chapter  four 
hundred  and  eighteen  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety- two,  is  hereby  amended  by  striking  out 
the  whole  of  said  section  and  inserting  in  place  thereof 
the  following  :  —  Section  11.  Any  estate  of  which  any 
part  lies  within  one  hundred  and  twenty-five  feet  of  the 
highway  described  in  the  aforesaid  order  of  said  street 
commissioners  shall,  for  the  purposes  of  this  act,  be 
deemed  a  parcel  of  land. 

Section  2.  Section  fourteen  of  chapter  three  hundred 
and  twenty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one,  as  amended  by  section  seven  of  chapter 
four  hundred  and  eighteen  of  the  acts  of  the  year  eight- 


Acts,  1896.  — Chap.  237.  177 

een  hundred  and  ninety-two,  is  hereby  amended  by  strik- 
ing out  all  of  said  section  and  inserting  in  j)lace  thereof 
the  following:  —  Section  14.  Said  board  of  street  com-  Board ot street 
missioners  shall,  after  the  carrying  out  of  their  order,  todeterm°nr'* 
determine  the  cost  incurred  thereby,  including  the  ex-  ''««''««='"e  cost. 
penses  of  taking  land  and  of  all  other  doings  in  laying 
out,  locating  anew,  altering  or  widening  or  constructing 
the  highway,  the  expenses  of  the  sewers  and  the  laying 
thereof,  to  the  amount  of  four  dollars  for  each  lineal  foot 
of  sewer,  the  expenses  for  catch  basins  and  other  sewer 
appurtenances  and  all  sewer  connections  and  the  laying 
thereof,  and  the  expenses  of  all  other  work  and  materials 
furnished  by  or  for  the  city  in  carrying  out  said  order, 
shall  deduct  from  said  cost  the  expenses  of  the  city  for 
water  pipes,  gas  pipes  and  connections  and  the  laying 
thereof,  and  when  the  highway  is  more  than  fifty  feet  in 
width  shall  also  deduct  so  much  of  the  expenses  of  laying 
out,  locating  anew,  altering  or  widening  or  constructing 
the  highway  as  said  l)oard,  with  the  approval  of  the  mayor 
of  said  city,  shall  determine  that  the  public  should  assume 
and  pay,  and  the  remainder  of  said  cost  shall  be  the  as- 
sessable cost  of  the  work  done  under  said  order. 

Section  3.  Section  seventeen  of  said  chapter  three  i89i,  323.  §  n. 
hundred  and  twenty-three  of  the  acts  of  the  year  eighteen  ^*'^ '  *'"''"'^'''^- 
hundred  and  ninety-one,  as  amended  by  section  ten  of 
chapter  four  hundred  and  eighteen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-two,  is  herel)y  amended  by 
striking  out  all  of  said  section  and  inserting  in  place 
thereof  the  following  :  —  Section  17.     Any  parcel  of  land  Payment  of 

n  •!!  /»i'iiiii  •\  •  balance  or 

aforesaid  the  owner  of  which  shall  have  paid  to  said  city  as«»^88abie  cost. 

«/    etc. 

the  l)alance  of  the  amount  of  the  said  assessable  cost  for 
which  his  parcel  is  liable,  remaining  after  deducting  there- 
from any  premiums  paid  by  him,  provided  that  the  inter- 
est at  the  rate  of  four  and  one  half  per  cent,  per  annum 
on  the  whole  amount  assessed  on  said  parcel  from  the 
date  of  the  order  for  laying  out  and  constructing  the  high- 
w^ay  to  the  date  of  the  payment  has  also  been  paid,  shall 
be  relieved  from  further  lien  or  liability  for  said  cost,  or 
the  owner  thereof  may  at  any  time  pay  a  part  of  said 
balance,  provided  the  interest  has  been  paid  as  aforesaid ; 
and  the  board  of  street  commissioners  may  then  at  their 
discretion,  with  the  approval  of  the  mayor,  relieve  a  pro- 
portional part  of  said  parcel  from  further  liability  and 
lien  for  said  cost,  and  the  remainder  of  said  balance  shall 


178 


Acts,  1896.  — Chap.  238. 


be  a  lien  upon  the  remaining  land  and  shall  be  appor- 
tioned and  paid  as  hereinbefore  provided  for  the  whole 
of  said  parcel. 

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

Approved  April  5,  1896. 


Ch(iP.23S  ^^  ^^^   RELATIVE    TO    THE    BUILDING    OF    SEWERS    IN    CAMBRIDGE 
BY   THE   CITIES   OF  CAMBRIDGE   AND   SOMERVILLE. 


Draining,  etc., 
of  certain  terri- 
tory in  cities  of 
Somervllle  and 
Cambridge. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  For  the  purpose  of  draining  and  provid- 
ing sewerage  for  the  territory  situated  in  Somerville  and 
in  Cambridge  and  descriljed  in  section  one  of  chapter 
three  hundred  and  twenty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  (the  description  of  territory  in 
said  section  being  hereby  adopted  as,  and  made,  a  part 
of  this  section)  and  for  such  enlargement  thereof  or  ad- 
ditional territory  as  may  from  time  to  time  be  agreed  upon 
by  the  cities  of  Camliridge  and  Somerville,  acting  by  their 
respective  city  councils  ;  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  sewer,  and  lateral  main 
drains  or  common  sewers  from  Somerville  to,  and  to  dis- 
charge into,  said  main  drain  or  common  sewer,  or  such 
parts  of  said  main  drains  or  common  sewers  or  any  of 
them  as  they  shall  from  time  to  time  deem  expedient, 
through  that  portion  of  Cambridge  which  is  within  the 
aforesaid  territory,  in  such  part  thereof,  and  through  such 
land  of  any  persons  and  corporations  in  Cam])ridge,  as 
said  cities  may  agree  upon,  and  may  repair  the  said  main 
drains  or  common  sewers  from  time  to  time  whenever 
repairs  thereof  shall  be  necessary,  and  such  main  drains 
or  common  sewers  shall  l)e  the  property  of  the  city  of 
hridg^e! or^dties  Somervillc.  The  city  of  Cambridge,  or  the  cities  of 
of  Cambridge     C^ambridffe    and  Somerville  jointly,  acting    by  their  re- 

and  Somervllle  ©  tit  i 

jointly,  may  lay  spcctivc  boards  of  mayor  and  aldermen,  may  lay,  con- 
sewer,  etc.,  In  struct  and  maintain  within  the  limits  of  Cambridge  said 
ge.  iiiain  drain  or  common  sewer  and  said  lateral  main  drains 
or  common  sewers  or  any,  or  any  part,  of  the  same  upon 
such  terms  as  to  ownership  and  use  thereof,  and  the  ap- 
portionment between  said  cities  of  the  expense  thereof, 
and  otherwise,  as  shall  be  agreed  upon  between  said  cities 
acting  by  their  respective  city  councils,  and  for  the  afore- 


Acts,  1896.  — Chap.  238.  179 

said  purposes  the  city  of  Cambridge,  or  the  cities  of  Cam- 
brido-e  and  Somerville  jointly,  sliall  have  the  same  right 
to  take  land  in  Cambridge  and  within  said  territory,  as 
the  city  of  Cambridge  now  has  to  take  land  for  sewers  in 
Cambridge ;  and  all  the  proceedings  of  such  taking  shall 
be  conducted  in  the  same  manner  as  in  the  case  of  land 
taken  for  sewers  in  Cambridge,  and  all  persons  or  cor- 
porations suflering  damage  in  their  property  by  reason 
of  such  taking  shall  have  the  same  rights  and  remedies 
for  ascertaining  and  recovering  the  amount  of  such  dam- 
ao-e  as  in  the  case  of  land  taken  for  sewers  in  Cambrido-e. 

Section  2.     For  the  purposes  named  in  the  preceding  cuyofSomer- 
section  the  city  of  Somerville  by  its  city  council  shall  pHva^^iand  in 
have  the  same  right  to  take  private  land  in  Caml)ridge  ^^■"^"dge,  etc. 
and  within  said  territory  as  it  now  has  to  take  land  for 
sewers  in    Somerville,  and  all  the  proceedings  of  such 
taking,  if  made  by  the  city  of  Somerville,  shall  bo  con- 
ducted in  the  same  manner  as  though  such  land  were  in 
Somerville,    and    all    persons    or    corporations    suffering 
damage  in  their  property  by  reason  of  such  taking  shall 
have  the  same  rights  and  remedies  for  ascertaining  and 
recovering  the  amount  of  such  damage  as  in  the  case  of 
land  taken  for  sewers  in  Somerville. 

Section   3.     The  city  of  Somerville,  or  the  city  of  cuies  of  somer- 
/^      1    •  1        • /'     •  1  1      1    11  1    viiie  and  Cam- 

Cambridge,  it  either  separately  shall  construct  any  such  bridge,  sepa. 

!•  'yi  •,•  I'    /^        \      •  1  lately  or  jointly, 

main  drain  or  common  sewer,  or  the  cities  ot  Cambridge  may  carry 
and  Somerville,  if  they  shall  jointly  construct  any  such  under'etleets, 
main  drain  or  common  sewer,  may,  for  the  purposes  of  bridge.*""™' 
this  act,  carry  any  such  main  drain  or  common  sewer 
under  any  street,  railroad,  highway  or  other  way  in  the 
city  of  Cambridge,  in  such  manner  as  not  to  unnecessarily 
obstruct  the  same,  and  may  enter  upon  and  dig  up  such 
street,  railroad,  highway  or  other  way  for  the  purpose 
of  laying,  maintaining  and  repairing  said  main  drain  or 
common  sewer,  and  may  do  any  other  things  necessary 
or  proper  in  executing  the  purposes  of  this  act ;  but 
whenever  the  city  of  Somerville  enters  upon  or  digs  up 
for  such  purposes  any  such  road,  street  or  way  in  Cam- 
bridge, it  shall  be  subject  to  such  reasonable  regulations 
as  may  be  prescribed  by  the  mayor  and  aldermen  of  the 
city  of  Cambridge,  and  shall  restore  said  road,  street  or 
way  to  as  good  order  and  condition  as  it  was  in  before 
such  entering  upon  and  digging  up  was  commenced  ;  shall 
perform  the  work  in  such  manner  and  with  such  care  as 


180 


Acts,  1896.  — Chap.  238. 


City  of  Cam. 
bridge  to  be 
reimbursed, 
etc. 


City  of  Cam- 
bridge may  use 
sewer,  etc.,  for 
certain  pur- 
poaes,  etc. 


Certain  persons 
may  be  assessed 
a  proportionate 
part  of  charge 
of  making 
sewers,  etc. 


not  to  render  any  road,  street  or  way  in  which  such  sewer 
is  laid  unsafe  or  unnecessarily  inconvenient  to  the  public 
travel  thereon,  and  shall  reimburse  to  the  city  of  Cam- 
bridge all  expense  which  it  shall  reasonably  incur,  and 
at  all  times  indemnify  and  save  harmless  the  city  of  Cam- 
bridge against  all  damages  which  may  be  recovered  against 
it,  by  reason  of  any  defect  or  want  of  repair  in  such  road, 
street  or  way,  caused  by  the  construction,  maintenance, 
repair  or  replacing  of  said  sewer,  or  by  reason  of  any 
injury  to  persons  or  property  caused  by  any  defect  or 
want  of  repair  in  such  sewer,  provided  that  the  city  of 
Somerville  has  notice  of  any  claim  or  suit  for  such  dam- 
age or  injury,  and  an  opportunity  to  assume  the  defence 
thereof. 

Section  4.  For  the  purpose  of  conducting  away  house 
drainage  (l)ut  not  storm  water  or  ground  water  or  roof 
water)  from  that  portion  of  its  territory  which  is  within 
the  above-described  territory,  the  city  of  Cambridge  shall 
have  the  right  to  use  the  said  main  drain  or  conunon 
sewer  and  lateral  main  drains  or  common  sewers,  built 
under  this  act  within  its  own  territorial  limits,  and  shall 
have  the  same  right  of  assessing  a  proportional  part  of 
any  expenses  paid  by  it  for  or  on  account  of  the  con- 
struction of  said  main  drain  or  common  sewer,  and  lateral 
main  drains  or  common  sewers,  upon  any  persons  receiv- 
ing benefit  thereby  for  draining  their  cellars  or  lands  in 
said  CamT)ridge  or  otherwise,  as  it  now  has  of  assessing 
on  account  of  the  construction  of  other  main  drains  or 
common  sewers  in  such  city. 

Section  5.  The  mayor  and  aldermen  of  .the  city  of 
Somerville  shall  have  the  same  right  of  assessing  every 
j^erson  who  enters  his  particular  drain  into  any  main 
drain  or  common  sewer  within  the  said  territory  in  the 
city  of  Somerville,  or  who  by  more  remote  means  receives 
benefit  thereby  for  draining  his  cellar  or  land  in  Somer- 
ville, a  proportional  part  of  the  charge  of  making  and  re- 
pairing the  same,  and  of  the  charge,  not  already  assessed, 
of  making  and  repairing  other  main  drains  and  common 
sewers  through  which  the  same  discharges,  and  of  making 
and  repairing  said  main  drains  or  common  sewers,  and 
lateral  main  drains  or  common  sewers,  in  the  city  of 
Cambridge,  as  said  mayor  and  aldermen  now  have  of 
assessing  on  account  of  the  construction  of  other  main 
drains  or  common  sewers  in  the  city  of  Somerville,  and 


Acts,  1896.  — Chap.  238.  181 

as  if  said  main  drains  or  common  sewers  in  Cambridge  certain  persons 
were  situated  in  Somerville ;  and  if  the  city  council  of  a  proportionate 
the  city  of  Somerville,  which  it  is  hereby  authorized  to  Sf  making"^^^ 
do,  shall  adopt  a  system  of  sewerage  and  assessments  sewers,  etc. 
therefor,  in  accordance  with  the  provisions  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  which  is  within  the  city  of 
Somerville,  such  assessments,  as  provided  for  in  said 
section  seven  and  in  acts  in  amendment  thereof  or  in 
addition  thereto,  shall  be  made  upon  owners  of  estates 
within  said  territory  by  a  fixed  uniform  rate  based  u})on 
the  estimated  average  cost  of  all  the  sewers  therein  ;  —  and, 
whether  such  assessments  are  made  under  a  system  of 
sewerage  and  assessments  therefor,  adopted  as  aforesaid, 
or  are  otherwise  made,  and  whether  said  main  drains  or 
common  sewers  and  said  lateral  main  drains  or  common 
sewers  in  Cambridge  shall  be  constructed  and  owned  by 
the  city  of  Somerville  or  by  the  city  of  Cambridge,  or  by 
said  cities  jointly  or  otherwise,  there  may  be  included  as 
a  part  of  such  cost  to  the  city  of  Somerville  the  cost  or 
any  portion  thereof  to  the  city  of  Somerville  of  said  sewers 
in  Cambridge,  or  any  sum  which  may  lie  paid  by  the  city 
of  Somerville  to  the  city  of  Cambridge  for  or  on  account 
of  the  construction  or  use  of  said  sewers  in  Cambridge ; 
and  the  city  of  Somerville  shall  have  the  same  right  to 
make  assessments  within  the  limits  of  Somerville  for  or 
on  account  of  said  main  drains  or  common  sewers  and 
said  lateral  main  drains  and  common  sewers  in  Cambridge, 
or  any  of  the  same,  or  for  or  on  account  of  the  expense 
thereof  or  of  the  amounts  paid  by  the  city  of  Somerville 
for  the  use  thereof,  (which  amounts  shall  be  regarded  as  a 
part  of  the  cost,  charge  or  expense  to  the  city  of  Somer- 
ville of  such  sewers),  as  if  said  main  drains  or  common 
sewers  and  said  lateral  main  drains  or  common  sewers  in 
Cambridge  were  situated  in  Somerville. 

Section  6.     For  the  purpose  of  disposing  of  and  con-  cuyofsomer. 
ductmg  away  storm  water  irom  any  overnow  Irom  said  maintain,  etc., 

S       •  ^       „  i.    J.1  i?  channel  or  water 

mam  drains  or  common  sowers  at  any  part  thereot,  or  course  for  cer- 
storm  water  or  surface  drainage  from  the  territory  situated  Ihrough^ponion 
in  Somerville  and  in  Cambridge  and  described  in  section  of^cambridge, 
six  of  said  chapter  three  hundred  and  twenty,  [the  de- 
scription of  territory  in  said  section  being  hereby  adopted 
as,  and  made,  a  part  of  this  section] ,  and  for  such  enlarge- 


182  Acts,  1896.  — Chap.  238. 

City  of  somer-  meiit  thereof  or  additional  territory  as  may  from  time  to 
mafnuix  e^tc.',  timo  bc  agreed  upon  by  the  cities  of  Cambridge  and 
cou?B°e''for  ce^r-*'^  Somervillc,  acting  by  their  respective  city  comicils  ;  the 
through'portion  iiii\yor  and  aldemicn  of  the  city  of  Somerville  may  lay, 
of  Cambridge,    make  and   maintain  a  drain,  channel    or  water  course, 

etc.  .  .  .  , 

either  in  whole  or  in  part  open  or  covered,  in  and  from 
Somerville  to,  and  to  discharge  into,  Alewife  brook,  and 
lateral  drains,  channels  or  water  courses  from  Somerville 
to,  and  to  discharge  into,  said  drain,  channel  or  water 
course,  or  such  parts  of  said  drains,  channels  or  water 
courses,  or  any  of  them,  as  they  shall  from  time  to  time 
deem  expedient  and  in  and  through  that  portion  of  Cam- 
bridge, which  is  within  .the  above-descril)ed  territory,  in 
such  part  thereof  and  through  such  land  of  any  persons 
or  corporations  in  Cambridge,  as  said  cities  may  agree 
upon,  and  in  such  part  of  Somerville  and  in  and  through 
such  lands  of  any  persons  or  corporations  in  Somerville, 
as  to  the  mayor  and  aldermen  of  the  city  of  Somerville 
shall  seem  best,  and  Avithin  the  limits  of  Camliridge  shall, 
and  within  the  limits  of  Somerville  may,  repair  the  said 
drains,  channels  or  water  courses  from  time  to  time  when- 
ever repairs  thereof  shall  be  necessary,  and  for  the  said 
purpose  of  conducting  away  storm  water  or  surface 
drainage  from  said  territory  or  the  storm  water  from  any 
overflow  from  any  sewer  in  said  territory,  said  mayor 
and  aldermen  may  use  the  brook  in  said  territory  known 
as  Tannery  l^rook,  whether  in  Cambridge  or  in  Somer- 
ville, and  may  widen,  deepen  and  improve  said  brook  by 
walling  up  or  covering  the  same,  or  by  any  other  means  ; 
and  may  conduct  such  storm  water  or  surface  drainage 
into  such  1)rook,  and  the  storm  water  or  surface  drainage 
from  said  territory  in  Somerville  or  any  part  thereof  may 
be  conducted  into  and  through  any  main  drain  or  common 
sewer  in  Somerville,  and  into  and  through  the  main 
drains  or  common  sewers  or  any  of  them  referred  to  in 
section  one  of  this  act,  and  may  l)y  a  storm  water  over- 
flow be  diverted  at  any  point  thereof  from  said  main 
drains  or  common  sewers  referred  to  in  section  one  of 
this  act,  or  from  any  main  drain  or  common  sewer  in 
Somerville,  into  any  drain  or  water  course  referred  to  in 
this  section, 
^erti^n  lands  Section  7.     For  tlic  purposcs  uamcd  in  the  last  pre- 

water  courses,  ceding  scctiou  the  city  of  Somerville  by  its  city  council 
'     "  may  from  time  to  time  take  by  purchase   or  otherwise 


Acts,  1896.  — Chap.  238.  183 

said  brook  or  any  part  of  the  same  or  the  use  thereof,  or  Taking  of 

n  1        f  i^  ^  11  i  certain  lands, 

oi  any  part  oi  the  same,  and  any  lands,  water  courses  or  watercourses, 
easements  within  said  territory,  whether  in  Cambridge  ^'°' 
or  Somerville,  (such  brook,  lands,  water  courses,  or  ease- 
ments in  Cambridge  to  be  taken  only  by  the  consent  of 
the  city  of  Cambridge,  acting  by  its  city  council),  and  all 
proceedings  in  regard  to  such  taking  by  the  city  of  Somer- 
ville shall  be  conducted  in  the  same  manner  as  in  the 
case  of  land  in  Somerville  taken  for  sewers ;  and  the 
drains  or  common  sewers  or  any  of  them  referred  to  in 
section  one  of  this  act  may  be  laid,  made  and  maintained 
in  any  land  or  any  part  thereof  taken  as  aforesaid  for 
drains,  channels  or  water  courses,  as  referred  to  in  this 
and  the  next  preceding  section  of  this  act,  or  such  drains, 
channels  or  water  courses  or  any  part  thereof  may  be  laid, 
made  or  maintained  in  any  land  or  any  part  thereof  taken 
for  main  drains  or  common  sewers  as  referred  to  in 
sections  one  and  two  of  this  act,  or  land  may  be  taken 
from  time  to  time  by  one  taking,  whether  by  purchase  or 
otherwise,  both  for  said  main  drains  or  common  sewers 
and  for  said  drains,  channels,  or  water  courses  ;  — and  all 
persons  or  corporations  suffering  damage  in  their  prop- 
erty by  reason  of  such  taking,  or  by  reason  of  the  pro- 
ceedings aforesaid,  shall  have  the  same  rights  and 
remedies  for  ascertaining  and  recovering  the  amount  of 
such  damage  as  in  the  case  of  land  taken  for  sewers  in 
Somerville  ;  —  or  the  city  of  Cambridge,  or  the  cities  of 
Cambridge  and  Somerville  jointly,  upon  such  terms,  as 
to  ownership  and  use  thereof  and  the  apportionment 
between  said  cities  of  the  expense  thereof  and  otherwise, 
as  shall  be  agreed  upon  between  said  cities  acting  by 
their  respective  city  councils,  may,  within  the  limits  of 
Cambridge,  have  the  same  rights  and  powers  as  to  said 
drains,  channels  and  water  courses,  referred  to  in  this 
and  the  next  preceding  section  of  this  act,  and  as  to  said 
brook  or  the  use  thereof,  and  as  to  taking  by  purchase  or 
otherwise  lands,  water  courses  or  easements  Avithin  the 
limits  of  Cambridge,  as  are  herein  conferred  upon  the 
city  of  Somerville  ;  and  all  the  proceedings  in  regard  to 
such  taking  by  the  city  of  Cambridge,  or  by  said  cities 
jointly,  shall  l)e  conducted  in  the  same  manner  as  in  the 
case  of  land  taken  for  sewers  in  Caml)ridge ;  and  all 
persons  or  corporations  suffering  damage  in  their  })r()})- 
erty  by  reason  of  such  taking  or  takings  by  the  city  of 


184 


Acts,  1896.  — Chap.  238. 


Taking  of 
certain  lands, 
■water  courses, 
etc. 


Section  3  to 
apply  to  drains, 
etc.,  constructed 
under  §§  6  and  7, 
etc- 


Use  of  drains, 
etc.,  by  city  of 
Cambridge. 


May  connect 
main  drains  or 
common  sewers, 
etc. 


Cambridge,  or  by  said  cities  jointly,  or  bj^  reason  of  the 
proceedings  aforesaid  hy  said  city  of  Cambridge  or  by  said 
cities  jointly,  shall  have  the  same  rights  and  remedies  for 
ascertaining  and  recovering  the  amount  of  such  damage 
as  in  the  case  of  land  taken  for  sewers  in  Cambridge. 
In  estimating  the  damage  in  any  case  in  consequence  of 
proceedings  under  sections  six  and  seven  of  this  act, 
there  shall  be  allowed  by  way  of  set-off,  the  l)enefit,  if 
any,  to  the  property  of  the  party  by  reason  of  such 
taking  or  takings  or  by  reason  of  the  proceedings  afore- 
said, or  of  any  proceedings  for  which  damage  is  claimed; 
but  in  no  event  shall  the  owner  of  any  such  property  in 
Caml^ridge  be  obliged  to  pay  any  betterments,  even  in 
case  said  benefit  shall  exceed  the  amount  of  damage. 

Section  8.  The  provisions  of  section  three  of  this 
act  in  reg^ard  to  the  construction  of  the  main  drain  or 
common  sewer  therein  referred  to  under  any  street,  rail- 
road, highway  or  other  way  in  the  city  of  Camljridge 
shall  apply  to  any  drain  or  water  course  constructed  in 
the  city  of  Cambridge  under  the  provisions  of  the  last 
two  preceding  sections  of  this  act.  The  city  of  Somer- 
ville  may,  Avithin  the  limits  of  Somerville,  carry  any 
main  drain  or  common  sewer,  drain  or  water  course, 
which  shall  be  at  any  time  constructed  or  taken  by  it, 
within  the  territory  described  in  section  six  of  this  act, 
under  any  street,  railroad,  highway,  or  other  way  in  such 
city  of  Somerville,  in  such  manner  as  not  to  unneces- 
sarily obstruct  the  same,  and  may  in  such  manner  as  not 
to  unnecessarily  obstruct  the  same  enter  upon,  and  dig 
up,  such  street,  railroad,  highway,  or  other  way  for  the 
purpose  of  laying,  maintaining  and  repairing  such  main 
drains  or  common  sewers,  drains  or  water  courses. 

Section  9.  The  city  of  Cambridge  shall  have  the 
right  to  use  any  drains,  channels  or  water  courses  con- 
structed in  Cambridge  under  the  provisions  of  the  last 
two  preceding  sections  of  this  act,  for  the  purpose  of 
disposing  of  and  conducting  away  storm  water  or  surface 
water  from  the  aforesaid  territory  situated  in  Cambridge. 

Section  10.  The  cities  of  Caml)ridge  and  Somerville 
respectively  may  at  any  time  connect  any  main  drains 
or  common  sewers  in  their  respective  cities  with,  and 
discharge  the  same  into,  any  main  drains  or  common 
sewers  in  the  territory  of  the  other,  upon  such  terms 
and  conditions  and  for  the  drainage  of  such  territory  as 


Acts,  1896.  — Chap.  238.  185 

may  be  from  time  to  time  agreed  upon  l^y  said  cities  act- 
ing by  their  respective  city  councils,  and  either  of  said 
cities  may  in  the  construction  of  any  sewer  provide  for 
receiving  sewage  from  the  other. 

Section  1 1 .     Nothino-  herein  contained  shall  be  con-  certain  rights 

...  ...,./.    not  impaired. 

strued  to  destroy  or  impair  the  prescriptive  rights  oi 
either  of  said  cities  as  they  exist  at  the  date  of  the 
})assage  of  this  act,  except  as  they  may  be  modified  or 
extinguished  by  the  terms  and  provisions  herein  set  forth. 

Section  12.  The  word  "territory",  whenever  re- Term  defined, 
ferred  to  in  this  act,  shall  be  construed  to  mean  and 
include  not  only  the  territory  specifically  referred  to  and 
described  in  sections  one  and  six  of  this  act,  but  any  en- 
largement thereof  or  additional  territory,  as  respectively 
provided  for  l)y  said  sections. 

Section  13.     The  city  of  Cambridge  and  the  city  of  ^^l^'g^/n^"'"- 
Somerville,  actino-  by  their  respective  city  councils,  are  somerviiie  may 

,.?■',        p^.  .  ,  malie  agree- 

hereby  authorized  to  make  irom  time  to  time  such  agree-  mentB  as  to 

nients  between  said  cities  as  to  thein  shall  seem  advisable  sewers,  etc. 
in  regard  to  the  particular  location  within  the  limits  of 
C'aml)ridge  of  said  main  drains  or  common  servers  or  any 
of  them,  and  of  said  drains  or  water  courses  within  said 
limits  for  storm  water  or  surface  water,  and  of  the  land 
to  1)6  taken  therefor,  and  in  regard  to  the  extent  of  use, 
terms  and  conditions  (including  the  proportionate  part 
to  lie  paid  by  each  of  said  cities  of  the  expenses  of  con- 
structing and  maintaining  said  main  drains  or  common 
sewers  or  said  drains  or  water  courses  for  storm  Avater 
or  surface  water,  and  the  expenses  of  land  taken  therefor, 
and  all  other  expenses  appertaining  to  said  drains,  sewers 
or  water  courses),  for  or  upon  which  said  cities  respec- 
tively may  use,  own  or  maintain  such  main  drains  or 
common  sewers,  drains  or  water  courses,  or  land  taken  • 

therefor,  or  any  part  of  the  same,  and  also  in  regard  to 
any  and  all  other  matters  or  things  contemplated  by  this 
act  in  reference  to  the  taking  and  use  by  the  city  of  Som- 
erville of  territory,  property  or  rights  in  Cambridge  for 
purposes  of  construction  or  maintenance  of  any  such 
sewers  or  drains  or  water  courses  therein  as  are  herein- 
before referred  to,  and  also  in  reference  to  any  and  all 
other  matters  and  things  contemplated  by  or  referred  to 
in  this  act,  or  which  said  cities,  acting  by  their  respective 
city  councils,  may  deem  necessary  for  carrying  out  the 
objects  contemplated  by  this  act.     Until  such  agreement 


186  Acts,  1896.  — Chap.  239. 

or  agreements  shall  be  severally  made  between  said  cities, 
as  hereinbefore  referred  to,  in  reference  to  the  construc- 
tion and  maintenance  of  the  respective  main  drains  or 
common  sewers,  drains,  channels  or  water  courses,  the 
city  of  Somerville  shall  have  no  right  to  construct  within 
the  limits  of  Cambridge  any  such  main  drains  or  common 
sewers,  drains  or  water  courses,  or  to  take  land  therefor. 

Repeal.  Section  14.     Chapter  three    hundred  and   twenty  of 

the  acts  of  the  year  eighteen  hundred  and  ninety-five  is 
hereby  repealed. 

When  to  take  Section  15.  Tliis  act  shall  be  void  unless  accepted 
by  the  city  council  of  each  of  said  cities  within  one  year 
from  the  date  of  the  passage  hereof,  and  it  shall  take 
efiect,  when  accepted  as  aforesaid. 

Approved  April  4,  1896. 

(7Aa».239  ^'^  ^^"^  "^^  incorporate   the   WORCESTER  MASONIC   CHARITY  AND 

EDUCATIONAL   ASSOCIATION. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Ma°80Dic Charity  Section  1.  William  A.  Lytle,  James  Draper,  Arthur 
arii Educational  p^  Ruo'iT,  Thcodorc  C.  Batcs,  William  J.  Hoo-o,  John  N. 
incorporated.  Akarmau,  Hcnry  F.  Harris,  Theodore  P.  Brown,  Wil- 
liam H.  Sawyer,  James  Logan,  Caleb  Colvin,  Augustus 
B.  11.  Sprague,  Moses  D.  Oilman,  Henry  Brannon,  Abram 
A.  Rheutau,  George  S.  Clough,  Charles  H.  Pinkham,  Jesse 
Smith,  James  W.  Bigelow,  Arthur  M.  Evans,  John  W. 
Bisco,  Eli  Collier,  Edmund  L.  Parker,  Frederick  M. 
Clark,  Charles  S.  Chapin,  Fred  W.  Leavitt,  John  A. 
Sears,  Granville  A.  Longiey,  Parkman  T.  Denny,  Her- 
bert H.  Fairlmnks,  William  H.  Coughlin,  James  H.  Fergu- 
son, Frederick  A.  Lapham,  their  associates  and  successors, 
are  hereby  made  a  corporation  by  the  name  of  the  Worces- 
ter Masonic  Charity  and  Educational  Association,  for  the 
purpose  of  erecting  a  building  in  the  city  of  Worcester 
in  this  Commonwealth  and  maintaining  the  same  for  the 
accommodation  and  purposes  of  masonic  apartments, 
lectures,  religious  exercises,  library,  systems  of  educa- 
tion for  the  promotion  of  the  arts  and  sciences,  and  gen- 
erally for  masonic  and  charitable  purposes ;  with  all  the 
rights  and  privileges  and  subject  to  the  restrictions,  duties 
and  lial)ilities  set  forth  in  all  general  laws  which  now  are 
or  hereafter  may  l)e  in  force,  so  far  as  applicable  to  such 
corporations. 


Acts,  1896.  — Chap.  239.  187 

Section  2.  The  above-named  persons  shall  continue  Membership, 
members  of  the  corporation  during  the  term  of  three 
years  from  and  after  the  passage  of  thi-s  act,  and  until 
their  successors  shall  be  chosen  as  follows  :  At  the  third 
annual  meeting  after  the  passage  of  this  act,  held  l)y  each 
masonic  org-anization  in  Worcester  recognized  by  the 
Grand  Lodge  of  Masons  in  Massachusetts,  each  organiza- 
tion may  elect  three  members  of  the  corporation,  one  for 
one  year,  one  for  two  years  and  one  for  three  years,  and 
such  organization  may  at  each  annual  meeting  thereafter 
elect  one  member  for  the  term  of  three  years  ;  any  other 
masonic  organization  in  Worcester  hereafter  organized 
and  recognized  by  the  Grand  Lodge  of  Masons  of  Massa- 
chusetts shall  be  likewise  entitled  to  elect  members  of  the 
cor})oration  in  the  manner  above-descril)ed. 

Section  o.     Said  corijoration  shall  have  authoritv  to  Trustees,  dis- 

1./.  ..  1  1  ir»j  J  I'       • ,  ^  bureement  of 

elect  irom  its  members  a  board  or  trustees  tor  its  govern-  funds,  etc. 
ment  and  management,  and  may  determine  liy  its  by-laws 
the  tenure  of  office  of  its  trustees,  and  make  rules  and 
regulations  governing  the  same.  Said  board  shall  also 
have  power  to  invest,  re-invest  and  manage  all  gifts,  de- 
vises and  bequests  and  all  other  funds  of  the  corporation, 
and  employ  and  disl^urse  the  same  for  the  relief  of  dis- 
tressed freemasons,  their  widows  or  orphans,  and  for  the 
relief  of  an}^  other  needy  or  destitute  persons,  and  also 
for  educational  and  charitaljle  purjjoses,  and  for  the  pro- 
motion of  its  lil)rary  and  collections  relating  to  art,  archi- 
tecture and  antiquities,  and  generally  otherwise  for  the 
pur})oses  of  this  act. 

Section  4.     Said  corporation  may  take  by  purchase.  May  hoid  real 
gift,  grant  or  otherwise  and  hold  real  and  personal  estate  estate!"""'^ 
not  exceeding  the  value  of  two  hundred  and  fifty  thousand 
dollars  :  iwovided,  however^  that  no  shares  of  stock  shall  Proviso, 
be  issued  and  no  dividends  declared  to  members  of  the 
corporation. 

Section  5.  William  A.  Lytle  and  Arthur  P.  Rugg,  First  meeting. 
or  either  of  them,  are  authorized  to  call  the  first  meeting 
of  the  corporation  by  notice  sent  by  mail  prepaid  to  each 
of  their  associates,  appointing  the  time  and  place  thereof, 
seven  days  at  least  before  the  meeting,  at  which  meeting 
the  mode  of  calling  future  meetings  shall  be  regulated. 

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

Ap'proved  April  4,  1896. 


188  Acts,  1896.  — Chaps.  240,  241,  242. 


Chap.24:0  An  Act  to  include  the  town  of  boylston  within  the  judi- 
cial DISTRICT  OF  the  SECOND  DISTRICT  COURT  OF  EASTERN 
WORCESTER. 

Be  it  enacted,  etc.,  as  foUoivs : 
Annexed  to  SECTION  1.     TliG  towii  of  Bovlston  is  hereby  annexed 

judicial  district  /»     i        •      t    •    i      t         •  /•    ji         o  i 

of  Second  Dis-    to  and  made  a  part  oi  the  judicial  district  or  tlie  becond 
Eastern  District  Court  of  Eastcm  Worcester  :  provided,  however, 

that  nothing  in  this  act  shall  affect  any  suit  or  other  pro- 
ceedings begun  and  pending  at  the  time  of  its  taking 
effect. 

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

Approved  April  4,  1896. 


Worcester. 


Chap.24.1 


An  Act  relative  to  the  weekly  payment  of  wages. 

Be  it  enacted,  etc.,  as  follows: 
Not  to  be  ex-  Section  1.     No  pcrson  or  partnership  eno-as^ed  in  this 

erupt  from  ii-  /•  •  i-  ii- 

provisions  of      Commoiiwealth    in    manufacturing:    lousiness    and   having 

1895  438  .  - 

more  than  twenty-five  employees  shall,  by  a  special  con- 
tract with  persons  in  his  or  its  employ  or  by  any  other 
means,  exempt  himself  or  itself  from  the  provisions  of 
chapter  four  hundred  and  thirty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five  relative  to  the 
weekly  payment  of  wages. 
Penalty.  Section  2.     Whocvcr  violatcs  the  provisions  of  this 

act  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars 
and  not  less  than  ten  dollars. 

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

Approved  April  6,  1896. 

CJl(W.'2i4^2  An    Act   to   incorporate    the    Springfield    branch    of    the 

woman's  board  of  missions. 

Be  it  enacted,  etc. ,  as  foUoivs : 
'^^e^sprinijfieid       Section  1.     Ellcu  B.  Derby,  Clara  S.  Palmer,  Har- 
woraan's  Board  riet  N.  Nortou,  Eliza  B.  Rogers,  Anna  M.  Tuck,  Harriet 

of  Missions  n-,        -r-.  1     .  1  t-1  T  TT       1    1  1         j  1  •  •      X  1 

incorporated.  T.  Buckingham,  Emma  L.  Huhl)ard,  their  associates  and 
successors,  are  herel)y  constituted  a  body  corporate,  to 
be  located  in  the  city  of  Springfield,  under  the  name  of 
The  Springfield  Branch  of  the  Woman's  Board  of  Mis- 
sions ;  with  all  the  powers  and  privileges  and  subject  to 
all  the  duties,  liabilities  and  restrictions  set  forth  in  the 
general  laws  which  now  are  or  may  hereafter  be  in  force 


Acts,  1896.  — Chap.  243.  189 

relating  to  corporations,  so  far  as  the  same  may  be  ap- 
plicable ;  except  as  hereinafter  provided. 

Section  2.  The  officers  of  said  corporation  shall  be  officers, etc. 
a  president,  two  or  more  vice  presidents,  one  or  more 
recording  secretaries,  one  or  more  corresponding  secre- 
taries, and  a  treasurer,  all  the  above-named  officers  to  be 
elected  annually  in  such  manner  as  shall  be  provided  in 
the  by-laws ;  an  executive  committee,  consisting  of  the 
above-named  officers,  and  a  board  of  directors.  The 
board  of  directors  shall  consist  of  one  person  appointed 
annually  by  and  from  the  mem])ership  of  each  society  or 
voluntary  association  auxiliary  to  said  corporation,  or 
hereafter  recognized  as  such  by  said  corporation. 

Section  3.  The  object  and  purpose  of  said  corporation  Object  and 
shall  1)e  to  collect,  receive  and  hold  money  given  by  vol-  corporation. 
untary  contributions,  donations,  bequests  and  otherwise, 
to  be  devoted  to  the  christianization  of  women  in  foreign 
lands,  by  means  of  missionaries,  schools  and  native 
helpers,  under  the  direction  and  through  the  treasury  of 
The  Woman's  Board  of  Missions. 

Approved  April  7,  1896. 

An  Act  relative  to  the  payment  of  sewer  assessments  and  p'/i^^  24S 

THE     publication     OF     SEWER     REGULATIONS    IN    THE     CITY     OF  ^  ' 

MEDFORD. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Section  six  of  chapter  one  hundred  and  ^^gj^Jg^-^  ^• 
eighty   of  the  acts    of  the    year    eighteen  hundred  and 
ninety-three  is  hereby  amended  by  striking  out  the  words 
"city    treasurer ",  wherever    said   words    occur    in    said 
section,  and  inserting  in  place  thereof  the  words  :  —  col- 
lector   of   taxes    of  said  city,  —  so  that  said  section  as 
amended  shall  read  as  follows  :  —  Section  6.     The  city  Apportionment, 
council  of  said  city  may  by  vote  determine  what  propor-  sytt'em  of"' ''^ 
tion  of  the  cost  of  said  system  of  sewerage  said  city  shall  ^^^^'^"s*- 
pay,  provided  that  it  shall  not  pay  less  than  one  third 
nor  more  than  one  half  of  the  whole  cost.     The  remain- 
ing cost  of  said  system  shall  l)e  borne  by  the  owners  of 
estates   situated  within  the  territory  embraced  by  it  and 
benefited  thereby,  but  no  estate  shall  be  deemed  to   be 
benefited  unless  or  until  a  sewer  is  constructed  into  which 
it  can  be  drained.     The  owners  of  such  estates  shall  be 
assessed  by  said  commissioners  their  proportional  parts 


190 


Acts,  1896.  — Chap.  243. 


By  stem  of 
sewerage 


Apportionment,  respectively  of  such  portion   of  the  total   cost    of  said 

etc.,  of  cost  of  ^  *'.  iiiji  -J  •  1     1 

system  as  is  not  borne  by  the'  city  as  above-provided. 
Such  proportional  parts  shall  be  based  upon  the  estimated 
average  cost  of  all  the  sewers  composing  said  system, 
and  shall  l)e  assessed  by  a  fixed  uniform  rate  according 
to  the  frontage  of  such  estate  on  any  street  or  way  in 
which  a  sewer  is  constructed,  or  according  to  the  area  of 
such  estate  within  a  fixed  depth  from  such  street  or  way, 
or  according  to  both  frontage  and  area ;  and  every  such 
owner  shall,  within  three  months  after  written  notice  of 
such  assessment  served  on  him  or  on  the  occupants  of  his 
estate,  or  sent  by  mail  to  the  last  address  of  said  owner 
known  to  said  commissioners,  pay  the  sum  so  assessed  to 
the  collector  of  taxes  of  said  city  :  provided^  that  said 
l)oard  shall,  on  the  written  request  of  any  such  owner* 
made  w^ithin  said  three  months,  apportion  such  assess- 
ment into  such  num])er  of  equal  parts  or  instalments,  not 
exceeding  five,  as  said  owner  shall  state  in  such  request ; 
and  said  board  shall  certify  such  ai)portionment  to  the 
assessors  of  said  city,  and  one  of  said  parts  or  instal- 
ments, with  interest  from  the  date  of  said  apportionment 
at  the  rate  of  five  per  centum  per  annum,  shall  be  added 
by  the  assessors  to  the  annual  tax  on  such  estates  for 
each  year  next  ensuing  until  all  said  parts  have  l)een  so 
added  and  paid,  unless  sooner  paid  as  hereinafter  pro- 
vided ;  and  provided,  further,  that  nothing  herein  con- 
tained shall  1)0  construed  to  prevent  the  payment  at  any 
time  in  one  payment,  notwithstanding  its  prior  appor- 
tionment, of  any  balance  of  said  assessments  then  remain- 
ing unpaid ;  but  interest  on  such  balance  at  the  rate  of 
five  per  centum  per  annum  shall  be  paid  to  the  date 
of  such  payment ;  and  thereupon  the  collector  of  taxes 
of  said  city  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  2.  Section  thirteen  of  said  chapter  is  hereby 
amended  by  striking  out  the  words  "  in  some  newspaper 
of",  in  the  seventh  and  eighth  lines,  and  inserting  in 
place  thereof  the  words  :  —  for  three  successive  weeks  in 
some  newspaper  published  in,  —  so  that  said  section  as 
amended  shall  read  as  follows  :  —  Section  13.  Said  board 
of  commissioners  may  prescribe  rules  and  regulations  for 


1893,  180,  §  13, 
amended. 


Rules,  regula- 
tions and 
penalties. 


Acts,  1896.  — Chap.  244.  191 

the  inspection  of  materials,  construction,  alteration  or 
use  of  all  sewers  or  drains  entering  into  such  main 
sewers,  and  may  impose  penalties,  not  exceeding  twenty 
dollars,  for  each  violation  of  any  such  rule  or  regulation. 
Such  rules  or  regulations  shall  be  published  not  less  than 
once  a  week  for  three  successive  weeks  in  some  newspaper 
pul)lished  in  said  city  of  Medford  and  shall  not  take  eliect 
until  such  publication  has  been  made. 

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

Approved  April  7,  1896. 


■^-  ChapM4: 


An  Act  relative  to  the  division  of  cities  into  voting  pre- 
cincts. 

Be  it  enacted,  etc. ,  as  follows : 

Section    ninety-seven    of    chapter   four    hundred    and  amended  ^  ^^' 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  l)y  striking  out  the  words 
"  eight  hundred",  in  the  fourth,  ninth,  twelfth,  eighteenth, 
twenty-third  and  twenty-seventh  lines,  and  inserting  in 
place  thereof  in  each  case  the  words  :  —  one  thousand,  — 
so  that  said  section  as  amended  will  read  as  follows  :  — 
Section  97.    The    several    cities    of  the   Commonwealth  Votingprecincts 
shall,  for  the  choice  of  all  officers  who  are  elected  by  the  ITaUonTetc!^'^" 
people,  be  divided  into  convenient  voting  precincts  con- 
taining  not   more    than    one    thousand   registered    male 
voters,  and  all  such  voting  precincts  shall  be  designated 
by  numljcrs  or  letters  of  the  aljjhabet. 

Every  ward  of  a  city  containing,  according  to  the  rcg-  Division  into 
istration  of  voters  at  the  preceding  annual  city  election,  '°  '"gp''<^'='°<'  «• 
one  thousand  or  less  registered  male  voters,  shall  con- 
stitute a  voting  precinct,  except  that  if  a  ward  shall,  ac- 
cording to  such  registration  in  any  year,  contain  more 
than  live  hundred  but  not  more  than  one  thousand  such 
voters,  the  board  of  aldermen  of  the  city  may,  on  or 
before  the  first  Monday  of  July  in  the  following  year, 
if  they  shall  deem  it  expedient  so  to  do,  divide  the  same 
into  two  voting  precincts.  If  a  ward  of  a  city  consti- 
tuting a  single  voting  precinct  shall,  according  to  such 
registration,  in  any  year  contain  more  than  one  thousand 
male  voters,  the  board  of  aldermen  shall,  on  or  before 
the  first  Monday  of  July  in  the  following  year,  divide 
the  same  into  two  or  more  voting  precincts  ;  and  if  a  vot- 
ing precinct  of  a  ward  shall,  according  to  such  registra- 


192  Acts,  1896.  — Chaps.  245,  246. 

?dun"°°recinct8  ^^^^^  ^^^  ^^^^  J^ai",  contaiii  more  than  one  thousand  male 
voters,  the  board  of  aldermen  shall  in  like  manner  either 
divide  such  precinct  into  two  or  more  voting  precincts 
or  shall  make  a  new  division  of  the  ward  into  voting  pre- 
cincts, so  that  no  such  precinct  shall  contain  more  than 
one  thousand  reo;istered  male  voters.  When  wards  are 
so  divided  into  voting  precincts,  the  precincts  shall  l>c 
established  so  as  to  contain,  as  nearly  as  may  be,  an 
equal  number  of  voters,  and  in  such  manner  that  each 
precinct  shall  consist  of  compact  and  contiguous  terri- 
tory, and  shall  be  entirely  within  one  ward ;  and,  so  far 
as  possible,  the  middle  lines  of  known  streets  or  ways, 
or  other  well-delined  limits,  shall  be  the  boundaries  of 
such  precincts.  xipproved  April  7,  1896. 

ChaP,24:5   ^^  -^^^  relative  to   the  sewer  INDEBTEDNESS   OF   THE   CITY    OF 

MARLBOROUGH. 

Be  it  enacted,  etc.,  as  follows: 

kicluded^n  SECTION   1.     Dcbts  heretofore  incurred  by  the    town 

ascertaining       .^^(j  city  of  Marlborougli  and  del)ts  hereafter  intairred  by 

city.  said  city  for  the  construction  of  its  sewers  and  system 

of  sewerage,  shall  be  excluded  in  ascertaining  the  amount 

of  indebtedness  of  said  city  for  the  purposes  of  chapter 

twenty-nine  of  the  Pul^lic  Statutes  and  acts  in  amendment 

thereof  and  in  addition  thereto. 

^onJ'to  be''^'*'        Section  2.     Any  and  all  notes  and  other  obligations 

bmdingupon      heretofore  issued  by  said  town  and  city  for  money  lior- 

rowed  shall  be  binding  upon  said  city,  notwithstanding 

that  the  same  may  have  been  in  excess  of  the  limit  of 

indebtedness  fixed  by  law  for  said  town  and  city. 

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

Approved  April  7,  1896. 
. i 

C7Aa79.246  ^^   act   relative   to   THE    BOARD   OF  PUBLIC   AVORKS   OF   THE  CITY 

OF  NEW   BEDFORD. 

Be  it  enacted,  etc.,  as  follows-: 
Clerk  of  board        Section  1.     Thc  board  of  public  works  of  the  city  of 

or  public  worliB 

of  New  Bed-      Ncw  Bcdford  shall  annually  in  the  month  of  May  elect 

ford,  election,  ir«j_i  j.'  r  j-iiiir 

compensation,  and  fix  the  Compensation  oi  some  person  to  be  clerk  oi 
the  board,  who  shall  hold  office  for  one  year.  He  shall 
have  the  powers  and  perform  the  duties  heretofore  apper- 
taining to  the  city  clerk  as  clerk  of  said  board,  and  shall 
be  sworn  to  faithfully  discharge  said  duties.    His  appoint- 


etc 


Acts,  1896.  — Chaps.  247,  248.  193 

meiit  shall  not  be  subject  to  the  provisions  of  chapter 
three  hundred  and  twenty  of  the  acts  of  the  year  eight- 
een hundred  and  eighty-four  or  any  acts  in  amendment 
thereof.  So  much  of  section  two  of  chapter  one  hundred  Repeal. 
and  sixty-seven  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-nine  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  2.     This  act  shall  not  take  effect  until  it  has  when  to  take 
been  accepted  by  a  two  thirds  vote  of  the  members  of  the  ^ 
city  council  of  said  city,  which  vote  shall  be  taken  by  a 
roll  call.  Approved  April  7,  1896. 

An  Act  relative  to  arrest  on  mesne  process  and  execution,  f^fjfjj^  94.7 
Be  it  enacted,  etc. ,  as  foUoivs : 

Section  1.     Whenever  a  person  is  under  arrest  by  any  Arrest  on  mesne 

,     -,  1  J  •  1  '     process  or 

constable  on  mesne  process  or  on  execution  such  person  execution. 
may  l)e  further  arrested  by  any  deputy  sheriff  upon  a  writ 
or  execution  which  such  constable  may  not  be  authorized 
by  law  to  serve ;  and  thereupon  said  constable  shall  de- 
liver the  custody  of  such  person  to  the  deputy  sheriff  and 
make  return  upon  his  writ  or  execution  of  his  doing 
thereon,  and  deliver  the  same  to  the  deputy  sheriff,  who 
shall  hold  such  person  in  arrest  thereunder  and  complete 
the  service  thereof. 

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

Approved  April  7,  1896. 


ChapMS 


An  Act  relative  to  the  supervision  of  the  state  printing. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  secretary  of  the  Commonwealth  shall  ^easu^reme^uo'f 
in  addition  to  his  other  duties  supervise  the  state  print-  state  printing. 
ing.  The  auditor  of  the  Commonwealth  shall  cause  to  be 
measured  all  the  printing  done  under  the  state  printing 
contract  and  no  Inlls  for  printing  shall  be  allowed  uidess 
they  are  found  to  l)e  in  strict  conformity  with  said  con- 
tract. In  order  to  properly  carry  out  the  provisions  of 
this  act  the  auditor  may  employ  in  his  department  an 
expert  in  printing,  who  shall  in  addition  to  his  duties  in 
connection  with  the  examination  of  bills  for  printing 
under  the  state  contract  perform  such  other  clerical  as- 
sistance as  the  auditor  may  require,  and  shall  receive  for 
his  services  fifteen  hundred  dollars  per  annum. 


194  Acts,  1896.  — Chaps.  249,  250. 

Repeal.  Section  2.     Chapter  two  hundred  and  eighty-seven  of 

the  acts  of  the  year  eighteen  hundred  and  ninety-three  is 
hereby  repealed. 

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

Approved  xipril  7,  1896. 


Char)  249  ^^   ^^^  ^^   authorize   the   town   of  BARNSTABLE   TO   TAKE   CER- 
TAIN  LANDS   FOR  A   PUBLIC   LANDING   PLACE. 


May  take  cer- 
tain lands  for  a 
public  landing 
place. 


Proviso. 


Damages. 


Not  to  construct 
a  wharf,  etc. 


Be  it  enacted^  etc. ,  as  follows : 

Section  1.  The  town  of  Barnstable  is  hereby  author- 
ized to  take,  by  purchase  or  otherwise,  so  much  of  the 
flats  and  lands  l)etween  low  and  high  w^ater  mark,  adjoin- 
ing a  town  road,  which  road  leads  from  the  county  road 
and  is  bounded  by  the  land  of  Alexander  C.  Adams  on  the 
north  and  the  land  of  Oliver  C.  Lumljert  on  the  south, 
as  may  l)e  necessary  for  the  establishment  of  a  pul)lic 
landing  place  in  the  ^vesterly  part  of  the  village  of  Cotuit 
in  said  town  :  2^''ovided,  that  so  much  of  said  flats  and 
lands  as  cannot  be  obtained  l\y  purchase  shall  be  taken 
by  said  town  of  Barnstable,  within  two  years,  and  under 
the  laws  relating  to  the  taking  of  land  for  town  ways. 

Section  2.  Any  person  whose  land  is  taken  or  dam- 
aged by  said  taking  shall  have  his  damages  estimated  and 
determined  l)y  the  Ijoard  whose  duty  it  is  to  estimate  and 
determine  damages  in  the  case  of  land  taken  for  tow^n 
ways,  and  if  said  person  is  aggrieved  by  such  award  he 
shall  have  the  same  right  of  ai)peal  as  a  person  whose 
land  has  been  taken  for  town  ways. 

Section  3.  Said  town  shall  not  erect  or  construct  a 
wharf  or  pier  upon  the  land  thus  taken. 

Section  4.     This  act  shall  take  efl'ect  upon  its  passage. 

Approved  Ajml  7,  1896. 


Ch(ip.2i50  An  Act  relative  to  the  inspection  of  articles  of  food  in 

THE   CITY   OF  BOSTON. 


1895,449,  §  19, 
amended. 


Health  inspect- 
ors, appoint- 
ment, powers 
sod  duties. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  nineteen  of  chapter  four  hundred 
and  forty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five  is  hereby  amended  by  striking  out  all  of 
said  section,  and  inserting  in  place  thereof  the  following  : 
—  Section  19.  The  board  of  health  of  the  city  of  Boston 
shall  appoint  as  employees  of  the  health  department  one 


Acts,  1896.  — Chap.  251.  195 


or  more  health  inspectors,  who  shall,  as  designated  by 
said  board,  have  and  perform  all  the  powers  and  duties 
conferred  by  law  upon  inspectors  of  milk,  inspectors  of 
vinegar,  inspectors  of  animals,  and  inspectors  of  provi- 
sions and  of  animals  intended  for  slaughter,  and  such 
other  duties  as  said  board  may  direct,  and  the  ins})ection  Certain  offices 
of  milk  and  vinegar  deiKxrluicnt,  and  inspection  of  })ro- 
visions  department  are  hereljy  abolished,  and  the  officers 
so  designated  shall  be  the  inspectors  of  milk,  the  inspect- 
ors of  vinegar,  the  inspectors  of  provisions,  the  inspectors 
of  animals,  and  the  inspectors  of  provisions  and  of  animals 
intended  for  slaughter  in  said  city. 

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

Aj)2^roved  April  7,  1896. 


Ckap.25l 


An  Act  relative  to  the  collection  of  sewek  and  sidewalk 

assessments. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     Demand  for  the  payment  of  assessments  collection  of 
made  on  account  of  the  construction  of  sewers  or  of  side-  wEHrassess-  "^ 
walks  may  ])e  made  in  the  same  manner  as  demands  for  '"^°^^- 
the  payment  of  taxes,  and  sales  for  the  non-payment  of 
such  assessments  and  all  proceedings  connected  therewith 
shall  be  made  upon  the  same  notices  thereof,  and  shall 
be  otherwise  conducted  in  the  same  manner  as  sales  for 
non-payment  of  taxes  ;  and  all  proceedings  subsequent  to 
such    sales,  in  regard  to  redemption,  the  purchase  and 
holding  of  the  land  by  or  on  behalf  of  the  town  or  city, 
the  interest  to  be  paid  in  case  of  redemption,  and  other- 
wise, shall  be  the  same  as  in  the  case  of  land  sold  for 
taxes. 

Section  2.  A  city  by  its  city  council,  and  a  town  at  any  Assessments 
town  meeting,  may  vote  that  all  assessments  on  account  hltYres't?'^ 
of  the  construction  of  sewers  or  of  sidewalks  shall  l)ear 
interest,  at  a  specified  rate,  not  exceeding  seven  per  cent. 
per  annum,  from  the  thirtieth  day  after  assessment  until 
paid  ;  and  the  interest  accruing  under  such  vote  or  votes 
shall  l)e  added  to  and  be  a  part  of  such  assessments. 

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

Ap2)roved  Ajoril  7,  1896. 


196  Acts,  1896.  — Chaps.  252,  253. 


C/i«Z).252  -^^    ^^'^    RELATIVE  TO  THE  POLLUTION  OF  SOURCES  OF  WATER 

SUPPLY. 

Be  it  enacted,  etc. ,  as  follows : 

Tmended?  ^^'  SECTION  1 .     Section  niiiety-six  of  chapter  eighty  of  the 

Public  Statutes  is  hereby  amended  by  inserting  after  the 
word  "  any  ",  in  the  fifth  line,  the  words  :  —  stream  or,  — 
by  striking  out  the  word  "or",  after  the  word  "city", 
in  the  sixth  line,  and  inserting  after  the  word  "town", 
in  the  same  line,  the  words  :  — or  water  company,  —  so 

sources^of  water  ^s  to  read  as  follows  :  —  Section  96.     No  sewage,  drain- 

pouuted.  age,    or  refuse  or  polluting  matter,    of  such   kind    and 

amount  as  either  by  itself  or  in  connection  with  other 
matter  will  corrupt  or  impair  the  quality  of  the  water  of 
any  stream  or  pond  hereinafter  referred  to,  for  domestic 
use,  or  render  it  injurious  to  health,  and  no  human 
excrement,  shall  be  discharged  into  any  stream  or  pond 
used  as  a  source  of  water  supply  by  a  city,  town,  or 
water  company,  or  upon  whose  banks  any  filter  basin  so 
used  is  situated,  or  into  any  stream  so  used,  or  upon  whose 
banks  such  filter  basin  is  situated,  within  twenty  miles 
above  the  point  where  such  supply  is  taken,  or  into  any 
feeders  of  such  pond  or  stream  within  such  twenty  miles. 

Amended  ^^'  Section  2.     Scction  ouc  of  chapter  one  hundred  and 

fifty-four  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  is  hereby  amended  by  inserting  after  the  word 
"judicial",  in  the  first  line,  the  word: — court, — by 
striking  out  the  word  "or",  after  the  word  "city",  in 
the  third  line,  and  by  inserting  after  the  word  "  town", 
in  the  third  line,  the  words  :  —  or  a  water  company,  —  so 

Injunction         as  to  read  as  follows:  —  Section  1.     The  supreme  iudi- 

againsl  violation      .    .  .  ,      •        j  ,•  ,• 

of  P.  8. 80,  §  96.  cial  court,  or  superior  court,  in  term  time  or  vacation, 
upon  the  application  of  the  mayor  of  a  city,  the  select- 
men of  a  town,  or  a  water  company,  interested,  may 
grant  an  injunction  against  any  violation  of  the  provisions 
of  section  ninety-six  of  chapter  eighty  of  the  Public 
Statutes.  Approved  April  7,  1896. 

OhCfp.^B^  -^^   -^CT  RELATIVE   TO   DIRECTORS   OF    DOMESTIC    STOCK    INSURANCE 

COMPANIES. 

Be  it  enacted,  etc. ,  as  folloivs : 

?omeItic%°tock        Section  1.     A  majority  only  of  the  board  of  directors 
insurance  com.    of  evciy  domcstic  stock  iusuraucc  company  shall  be  re- 
quired to  be  residents  of  this  Commonwealth. 


Acts,  1896.  — Chaps.  254,  255.  197 

Section  2.      So  much  of  section  thirty-two  of  chapter  Repeal, 
five  liunclred  and  twenty-two  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-four  as  is  inconsistent  herewith 
is  hereby  repealed. 

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

Approved  April  7,  1896. 

An  Act  kelative  to  the  tenure  of  office  of  members  of  (JJicip.2i54: 

THE   state   board   OF   AGRICULTURE. 

Be  it  enacted,  etc.,  as  follotos : 

Section  two  of  chapter  twenty  of  the  Public  Statutes  P.s.20  §2, 

111  •!•  •!  IT  amended. 

IS  hereby  amended  by  striking  out  m  the  second  line, 
the  words  ' '  first  Wednesday  of  February  ",  and  inserting 
in  place  thereof  the  words  :  —  second  Wednesday  of  Jan- 
uary, —  and  by  inserting  after  the  word  "  terms  ",  in  the 
eighth  line,  the  words:  —  The  terms  of  the  appointed 
members  of  said  board  whose  terms  would  expire  on  the 
first  Wednesday  of  February  in  the  year  eighteen  hun- 
dred and  ninety-seven  shall  expire  on  the  second  Wednes- 
day of  January  in  said  year,  —  so  that  said  section  as 
amended  will  read  as  follows  :  —  Section  2.  One  third  S'XgH- 
of  the  appointed  members  of  said  board  shall  retire  from  ^f'^^''^;'''"''^ 
office  on  the  second  Wednesday  of  January  in  each  year, 
according  to  their  appointments.  The  vacancies  thus  vacancies,  etc 
occurring  shall  be  filled  by  the  governor  and  council,  or 
by  the  agricultural  societies,  as  the  offices  were  before 
filled,  and  the  persons  thus  appointed  shall  hold  their 
offices  for  three  years  from  the  expiration  of  the  former 
terms.  Other  vacancies  may  be  filled  in  the  same  man- 
ner for  the  remainder  of  the  vacant  terms.  The  terms 
of  the  ajipointed  members  of  said  board  whose  terms 
would  expire  on  the  first  Wednesday  of  February  in  the 
year  eighteen  hundred  and  ninety-seven  shall  expire  on 
the  second  Wednesday  of  January  in  said  year. 

Approved  April  7,  1896. 

An    Act  to  authorize   the  great  barrington  fire  district  fyjffjy.  0,KK 

TO   ISSUE   BONDS   FOR  THE   REFUNDING    OF    ITS    NOTES    AND    DEBT  "' 

CREATED  IN   CONSTRUCTING   SEWERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Great  Barrington  Fire  District,  upon  Great  Barring. 
the  acceptance  of  this  act  as  hereinafter  provided,  may,  B°ewera%  Loan, 
for  the  purpose  of  refunding  any  or  all  of  its   notes  now  ^'^^  ***  ^^®®' 


198 


Acts,  1896.  — Chap.  255. 


Great  Barring- 
ton  Fire  District 
Sewerage  Loan, 
Act  of  1896. 


Payment  of 
loan. 


Income  from 
certain  assess- 
ments to  be  ap- 
plied to  pay- 
ment of  loan. 


Apportionment 
of  assesements, 
etc. 


outstanding  and  providing  for  the  payment  of  any  of  its 
indel)tedness  contracted  in  the  construction,  repair  or 
purchase  of  main  drains  and  common  sewers  under  the 
provisions  of  chapter  two  hundred  and  seventy-nine  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-six,  and 
for  the  purpose  of  extending  and  enlarging  its  system  of 
sewerage,  issue  from  time  to  time  bonds,  notes  or  scrip 
to  an  amount  not  exceeding  twenty-five  thousand  dollars. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the 
words,  Great  Barrington  Fire  District  Sewerage  Loan, 
Act  of  1896,  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  twenty  years  from  the  date  of  issue  and 
shall  bear  interest  paya])le  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  l)y 
the  chairman  of  the  board  of  commissioners  of  sidewalks, 
common  sewers  and  main  drains  of  said  fire  district.  The 
said  fire  district  may  authorize  the  treasurer  of  the  dis- 
trict to  sell  such  securities  at  public  or  private  sale  at 
not  less  than  par,  upon  such  terms  and  conditions  as  said 
treasurer  may  deem  proper. 

Section  2.  The  said  fire  district  shall  provide  for  the 
payment  of  such  bonds,  notes  or  scrip  in  annual  pay- 
ments of  such  amounts  as  will  in  the  aggregate  extinguish 
the  same  within  the  said  period  of  twenty  years,  and  said 
district  may  by  vote  determine  that  the  principal  and  in- 
terest of  any  bonds,  notes  or  scrip  issued  under  the  pro- 
visions of  this  act  shall  be  payable  in  gold. 

Section  3.  The  income  from  assessments  made  by 
the  board  of  commissioners  of  sidewalks,  common  sewers 
and  main  drains,  upon  lands  or  persons  benefited  by 
sewers  constructed,  repaired  or  purchased  by  said  com- 
missioners under  the  provisions  of  chapter  two  hundred 
and  seventy-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-six  and  under  the  provisions  of  this  act, 
or  received  for  use  of  said  sewers,  shall  be  applied  to  the 
payment  of  the  principal  and  interest  of  such  bonds, 
notes  and  scrip ;  and  said  fire  district  shall  raise  by  taxa- 
tion such  sums  as  shall  Ije  necessary  in  addition  thereto 
to  pay  the  said  principal  and  interest  sums  as  they  shall 
become  due. 

Section  4.  The  commissioners  of  sidewalks,  common 
sewers  and  main  drains  of  said  fire  district  shall  assess 
the  owners  of  estates  situated  within  said  fire  district  for 


Acts,  1896.  — Chap.  255.  199 

the  purpose  of  raisinor  funds  to  iiay  said  bonds,  notes  and  Apportionment 

i        i  ~  f,  .  01  aaseBsmenta, 

scrip,  and  for  the  purpose  of  maintaining  the  sewers  etc. 
belonging  to  said  fire  district  by  virtue  of  the  provisions 
of  said  chapter  two  hundred  and  seventy-nine  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-six,  in  the 
manner  following :  Such  assessment  shall  be  based  upon 
one  fourth  of  the  cost  of  all  sewers  owned  by  the  district 
at  the  time  the  assessment  is  made,  and  shall  be  assessed 
by  a  fixed  uniform  rate  according  to  the  frontage  of  each 
estate  on  any  street  or  way  in  Avhicli  a  sewer  is  con- 
structed ;  or  according  to  the  area  of  each  estate  within  a 
fixed  depth  from  such  street  or  way ;  or  according  to  both 
frontage  and  area;  or  by  a  uniform  rate  upon  all  dwell- 
ings and  a  like  uniform  rate  upon  all  other  l)uildings. 
Every  owner  of  an  estate  assessed  as  aforesaid  shall 
within  three  months  after  written  notice  of  such  assess- 
ment 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  to  the  treas- 
urer of  said  fire  district :  provided,  that  said  commis-  Provisos. 
sioners  shall,  on  the  written  request  of  any  such  owner 
made  within  said  three  months,  apportion  such  assess- 
ment into  such  number  of  e(|ual  parts  or  instalments,  not 
exceeding  ten,  as  such  owner  shall  state  in  such  reijuest, 
and  they  shall  certify  such  ai)p()rtionment  to  the  assess- 
ors ;  interest  from  the  date  of  said  apportionment  at  the 
rate  of  five  per  cent,  per  annum  shall  l)e  added  to  each  of 
said  assessments  until  they  are  paid,  and  one  of  said  })arts 
shall  be  added  by  the  assessors  to  the  annual  tax  on  such 
estates  for  each  year  next  ensuing  until  all  said  parts  have 
been  so  added,  unless  sooner  paid  as  hereinafter  pro- 
vided ;  and  provided,  furtJier,  that  nothing  herein  con- 
tained shall  ])e  construed  to  })revent  the  payment  at  any 
time  in  one  payment,  notwithstanding  its  prior  apportion- 
ment, of  any  balance  of  said  assessments  then  remaining 
unpaid,  but  interest  on  such  balance  at  the  rate  of  five 
per  cent,  per  annum  shall  be  paid  to  the  date  of  such  pay- 
ment ;  and  thereupon  the  treasurer  shall  receive  the  same 
and  shall  certify  such  payment  or  payments  to  the  as- 
sessors, who  shall  preserve  a  record  thereof.  In  cases 
of  corner  lots  al>utting  on  more  than  one  sewered  street 
the  same  area  shall  not  l)e  assessed  more  than  once.  No 
assessment  shall  be  made  w^ith  respect  to  any  estate  until 
it  can  be  drained  by  a  sewer.     When  a  aewer  has  been 


200 


Acts,  1896.  — Chap.  255. 


1886,  279,  §  9, 
amended. 


Board  to  lay 
niaiu  draioB, 
take  laud,  etc. 


1886,  279,  §  12, 
amended. 


AssessmentB  to 
eonslilute  lien 
on  real  estate, 
etc. 


Time  •within 
which  assess- 
ments may  be 
made. 


Commissioners 
may  establish 
an  annual 
charge  for  cer- 
tain privileges, 
etc. 


built  running  through  land  other  than  a  street  no  assess- 
ment shall  be  made  as  to  said  land  abutting  on  said  sewer 
until  that  part  thereof  occupied  by  the  sewer  has  been 
laid  out  as  a  street. 

Section  5.  Section  nine  of  said  chapter  two  hundred 
and  seventy-nine  is  hereby  amended  by  striking  out  all 
of  said  section  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  9.  Said  board  shall  lay,  reconstruct  and 
maintain  in  said  fire  district  all  such  main  drains  and 
common  sewers  as  said  fire  district  at  a  lesal  meetino^ 
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  these  purposes  may  take,  in  the 
manner  hereinafter  provided,  any  land  which  in  their 
opinion  may  be  necessary  therefor. 

Section  6.  Section  twelve  of  said  chapter  two  hun- 
dred and  seventy-nine  is  hereby  amended  by  striking  out 
all  of  said  section  and  inserting  in  place  thereof  the 
following  :  —  Section  12.  All  assessments  made  by  the 
board  of  commissioners  of  sidewalks,  common  sew^ers 
and  main  drains  of  the  Great  Barringtou  Fire  District 
shall  constitute  a  lien  on  the  real  estate  assessed  for  three 
years  from  the  time  of  assessment,  and  for  one  year  after 
the  final  determination  of  any  suit  or  proceeding  in  which 
the  amount  or  validity  of  such  assessment  shall  l)e  drawn 
in  question.  Every  assessment  made  by  said  board  shall 
\)G  recorded  in  books  to  l)e  kept  for  that  purpose. 

Section  7.  Said  board  of  commissioners  of  sidewalks, 
common  sewers  and  main  drains  may  make  the  assess- 
ment as  provided  in  section  four  of  this  act  for  sewers 
already  constructed  l>y  said  fire  district,  at  any  time 
within  two  years  from  the  date  of  the  acceptance  of  this 
act  by  said  fire  district,  and  may  make  assessments  for 
.any  sewers  hereafter  purchased  or  constructed  l)y  said  fire 
district  at  any  time  within  two  years  after  such  purchase 
or  construction.  Said  commissioners  may  establish  an 
annual  charge  for  the  privilege  of  connecting  or  continu- 
ing a  connection  with  any  sewer  belonging  to  said  fire 
district,  and  may  order  any  or  all  persons  or  corporations 
to  dispose  of  their  sewage  in  said  fire  district  by  connec- 
tion with  some  sewer  thereof  owned  by  said  district,  pro- 
vided any  such  sewer  passes  through  any  street  or  way 
adjoining  the  premises  of  such  persons  or  corporations ; 


Acts,  1896.  — Chaps.  256,  257.  201 

and  any  person  or  corporation  neglecting  to  comply  with 
such  order  shall  be  liable  to  a  tine  not  exceeding  twent}' 
dollars  for  each  month's  continuance  of  such  neglect. 

Section  8.     This  act  shall  take  effect  upon  its  accept-  ^^^"'"'^"''^ 
ance  by  a  two  thirds  vote  of  the  legal  voters  of  said  lire 
district  present  and  voting  thereon  at  a  legal    meeting 
called  for  that  purpose.  Approved  April  9,  1896. 


Chap.256 


An  Act  relative  to  appointments  in  the  boston  fire  depart- 
ment. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     All  call  members  in  the  Boston  fire  de-  Appointments 

-  ,  1      ,1  •  in  Boston  fire 

partment  who  have  served  three  or  more  successive  department. 
years  in  said  service  shall,  upon  application  to  the  civil 
service  commissioners,  be  placed  ui)on  the  eligi])lc  list 
for  appointment  as  permanent  men,  without  any  further 
examination.  The  fire  commissioner  may  at  his  discre- 
tion appoint  such  men  on  the  permanent  force,  at  the 
same  salary  as  a  permanent  man  who  has  served  three  or 
more  j^ears  in  said  service. 

Section  2.     This  act  shall  take  eftect  upon  its  accept-  ^^^7/°'"''^ 
ance  by  the  city  government  of  the  city  of  Boston. 

Approved  Ajoril  9,  189&. 


Cliap.2^1 


An  Act  to  require  alterations  in  the  crossings  of  public 

and  private  ways  with  railroads  in  the  towns  of  HYDE 
PARK  AND  DEDIIAM,  AND  TO  PERMIT  THE  USE  OF  ELECTRIC 
POWER  ON  THE  DEDHAM  BRANCHES  OF  THE  NEW  YORK,  NEW 
HAVEN  AND   HARTFORD   RAILROAD. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  petitions  in  the   superior    court   for  Alterations  in 
Norfolk  countv  by  the   directors   of  the  New    England  fn  Hyde^Pa'r'k^ 
Railroad  Company"  and  of  the  New  York,  New  Haven  and  l^t  ''''^^^"* 
Hartford  Railroad  Company,  and    by  the   selectmen    of 
Dedham,   for  the  alteration  of  the    grade    crossings    of 
Milton  street  in  Hyde  Park,  and  Walnut,  Mount  Vernon 
and  East  streets  in  Dedham,  may  be  consolidated  l)y  the 
court,   and   the    commissioners    who  may  be    appointed 
therein  shall  prescribe  the  manner  in  which  said  cross- 
ings and  all  other  crossings  of  public  and  private  ways 
in  said  towns  on  the  main  line  of  said  last  named  com- 
pany  and   on    the    Dedham    branches    thereof  shall    be 
altered  or  abolished  so  as  to  insure  greater  public  con- 


202 


Acts,  1896.  — Chap.  257. 


By  whom  alter- 
aUoDS,etc.,ehall 
be  made,  etc. 


Railroad  com- 
pany may 
operate  with 
electric  power, 
etc. 


venience  and  safety,  and  shall  also  provide  for  the  reloca- 
tion of  the  stations  of  said  companies  in  that  part  of  Hyde 
Park  known  as  Readville,  and  for  a  new  additional  high- 
way crossing  of  the  raih"oad  of  the  New  York,  New  Haven 
and  Hartford  Railroad  Company  not  at  grade  between  the 
Readville  and  Hyde  Park  stations  at  such  point  as  the 
commissioners  may  lind  public  necessity  and  convenience 
to  require. 

Section  2.  The  alterations  and  improvements  pre- 
scribed by  said  commissioners,  so  far  as  they  aftect  the 
crossings  of  the  road  of  the  New  England  Railroad  Com- 
pany,  shall  be  made  l)y  that  company  and  the  expense 
thereof  be  paid  by  it,  and  for  that  purpose  it  may  issue 
bonds  to  be  secured  bj^  mortgage  upon  its  road  and 
property  to  such  amount  as  may  be  required  therefor 
and  approved  l)y  the  board  of  railroad  commissioners,  or 
it  may  use  the  proceeds  of  l)onds  issued  under  its  mort- 
gage made  on  the  second  day  of  September  in  the  year 
eighteen  hundred  and  ninety-five,  and  recorded  in  Suffolk 
registry  of  deeds,  on  the  twelfth  day  of  September,  in 
the  year  eighteen  hundred  and  ninety-five.  The  altera- 
tions and  improvements  prescribed  by  the  commissioners, 
so  far  as  they  aftect  the  crossings  of  the  road  of  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  shall 
be  made  by  that  company  and  the  expense  thereof  paid 
by  it  from  the  proceeds  of  stock  or  bonds  issued  by  the 
Old  Colony  Railroad  Company  under  the  provisions  of 
the  lease  of  that  company  to  the  New  York,  New  Haven 
and  Hartford  Railroad  Company  and  with  the  approval 
of  the  board  of  railroad  commissioners,  such  stock  to  be 
sold  at  public  auction,  and  such  l)onds  to  be  issued  under 
the  provisions  of  the  general  law. 

Section  3.  When  the  grade  crossings  on  said  Dedham 
l)ranches  are  abolished,  as  provided  in  this  act,  the  rail- 
road company  may  operate  such  branches  and  its  road 
between  Readville  and  Boston  with  electric  power  in  such 
manner  and  with  such  changes  in  its  roadbed  or  tracks 
as  it  may  find  best  adapted  thereto,  and  for  the  purpose 
of  transmission  of  electric  power  for  the  operation  of  said 
road  said  company  may  take  land  in  fee  or  otherwise 
within  such  limits  as  the  county  commissioners  may  pre- 
scribe, and  damages  may  be  recovered  therefor  in  the 
manner  provided  in  the  general  laws  for  the  recovery  of 
damages  for  land  taken  for  railroad  purposes. 


Acts,  1896.  — Chap.  257.  203 

Section  4.  All  expense  of  relocation  of  stations  under  Expense  of 
the  first  section  of  this  act  which  the  commissioners  do  stations,  etc. 
not  in  their  report  decide  to  be  reasonably  necessary  in 
connection  with  the  alteration  of  crossings  hereby  re- 
quired to  be  altered,  and  all  expenses  of  any  kind 
incurred  under  the  third  section  of  this  act,  shall  be 
wholly  paid  by  said  railroad  companies  in  such  propor- 
tions as  they  may  agree,  or,  if  they  fail  to  agree,  may  be 
fixed  upon  the  application  of  either  of  them  by  the  board 
of  railroad  commissioners. 

Section  5.     The  acceptance  of  the  report  of  the  com-  Taking  of  land 
missioners  by  the  court  shall  be   a  taking  of  the   land  highway  pur- 
required  to  be  taken  for  railroad  and  highway  purposes,  p°*^*'®°- 
as  therein  specified,  and  the  provisions  of  sections  one  to 
eight  inclusive  of  chapter  four  hundred  and  twenty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety,  and 
all  acts   in  addition   thereto   or  in  amendment   thereof, 
shall,  so  far  as  they  do  not  conflict  with  the  provisions 
of  this  act,  l)e  applicable  to  all  proceedings  under  this 
act. 

Section  6.     The  superior   court   shall   appoint   some  Apportionment 

-.•I,  .  .  11  of  expenses  or 

proper  person  to  audit  irom  tune  to  tune  and  make  report  alterations,  etc. 
to  the  court  of  the  expenses  incurred  by  said  railroad 
companies  respectively  in  making  the  alterations  and 
improvements  prescribed  and  required  to  bo  made  by  the 
report  and  decision  of  said  commissioners  which  are  not 
by  this  act  required  to  be  wholly  paid  by  said  railroad 
companies,  and  said  reports  when  accepted  by  the  court 
shall  ])e  final.  Forty-five  per  cent,  of  the  expense  in- 
curred by  said  railroad  companies  respectively,  as  shown 
by  said  reports  when  accepted  by  the  court,  shall  be 
provided  and  paid  by  the  Commonwealth  in  the  manner 
provided  for  the  payment  of  the  forty-five  per  cent, 
required  to  be  paid  under  chapter  four  hundred  and  thirty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two,  chapter  one  hundred  and  twenty-six  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three,  and  chapter 
four  hundred  and  sixty-seven  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four,  in  relation  to  the 
abolition  of  grade  crossings  of  the  Boston  and  Providence 
railroad  in  the  city  of  Boston.  And  the  towns  of  Hyde 
Park  and  Dedham  shall  each  respectively  repay  to  the 
Commonwealth  thirty  per  cent,  of  the  amount  paid  by  it 
on  account  of  the  expenses  incurred  in  said  towns,  such 


204  Acts,  1896.  — Chaps.  258,  259. 

payments  to  be  made  in  the  manner  and  with  the  rate  of 
interest  provided  in  said  acts  of  the  years  eighteen  hun- 
dred and  ninety-two,  eighteen  hundred  and  ninety-three 
and  eighteen  hundred  and  ninety-four. 

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

Ajjproved  April  11,  1896. 


ChaT).2i5S  ^^   ■^^'^  RELATIVE  TO  ILLUSTRATIONS    IK    REPORTS    MADE    TO    THE 
GOVERNOR  OR  TO   THE   GENERAL  COURT. 

Be  it  enacted,  etc,  as  folloivs  : 

tioQ8°fnreporu        Section  1 .     No  illustratious  shall  hereafter  be  intro- 
to  be  approved    Jueed  iu  i)rinted  reports  of  state  officers,  or  of  boards  or 

in  certain  cases.  i  ^  ' 


conmiissions  required  to  report  to  the  governor  or  to  the 
general  court,  except  in  cases  where  the  insertion  of  such 
illustrations  is  expressly  authorized  by  law  or  l^y  direction 
of  the  general  court  or  of  either  branch  thereof,  unless 
the  approval  of  the  secretary  of  the  Commonwealth, 
acting  as  supervisor  of  state  printing,  and  of  the  auditor 
of  accounts  is  first  obtained  for  the  insertion  of  such 
illustrations.  The  term  "illustrations",  as  used  in  this 
section  shall  include  maps  and  plans,  photogravures, 
wood  cuts  and  other  pictorial  illustrations. 

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

Approved  April  11,  1S96. 

(Jlia7).25Q  An  Act  to  prohibit  fishing  through  the  ice  on  the  north- 
erly END  OF  LAKE  QUINSIGAMOND,  IN  WORCESTER  OR  SHREWS- 
BURY. 

Be  it  enacted,  etc.,  as  folloios : 
Taking  of  fish         Section  1 .     Whocvcr  takcs  or  attempts  to  take  through 

from  Abbott's  .  n    -x       i^  n      ^  c   /-\     •        • 

pond  restricted,  tlic  ICC  aiiy  fish  from  the  water  ot  that  part  of  Quinsig- 
amond  lake  known  as  Abbott's  pond,  in  Worcester  or  in 
Shrewsl)ury,  northerly  of  the  turnpike  bridge,  at  any 
time  prior  to  the  first  day  of  November  in  the  year 
nineteen  hundred  and  one,  shall  for  each  ofience  be 
punished  by  fine  not  exceeding  five  dollars ;  and  in  any 
prosecutions  under  this  act  the  possession  of  any  fish 
upon,  or  on  the  shores  of,  said  lake  shall  be  prima  fkcie 
evidence  of  a  violation  of  this  act. 

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

Approved  April  11,  1896. 


Acts,  1896.  — Chaps.  260,  261.  205 

An   Act  to  incorporate  the  manufacturers'  ageicultural,  QfiQjry  9(50 

SOCIETY  IN   NORTH   ATTLEBOROUGH. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  George  H.  French,  Elton  I.  Franklin,  Manufacturers- 
William  H.  Riley,  William  W.  Sherman,  John  W.  sod'etylnNorth 
Wolfenden  and  Sidney  O.  Bagney,  their  associates  and  incorporated! 
successors,  within  the  towns  of  Attleborough,  Wrentham, 
Foxborough,  Rehoboth,  Franklin,  Mansfield,  Norton  and 
North  Attleborough,  are  hereby  made  a  corporation  under 
the  name  of  the  Manufacturers'  Agricultural  Society, 
located  in  North  Attleborough,  for  the  encouragement 
of  agriculture,  horticulture  and  the  arts,  by  premiums 
and  other  means  ;  with  all  the  powers  and  privileges  and 
subject  to  all  the  duties,  restrictions  and  liabilities  set 
forth  in  all  general  laws  which  now  are  or  may  hereafter 
be  in  force  applicable  to  such  corporations,  provided  said 
corporation  shall  not  be  deprived  of  any  bounty  from  the 
Commonwealth  by  the  existence  of  the  North  Attleborough 
Agricultural  Society.  The  capital  stock  of  said  corpora-  Capuai  stock, 
tion  shall  not  exceed  thirty  thousand  dollars,  to  be  divided 
into  shares  of  twenty-five  dollars  each ;  and  said  corpora- 
tion is  hereby  authorized  to  hold,  by  purchase,  gift,  de- 
vise or  otherwise,  real  and  personal  estate  to  an  amount 
not  exceeding  thirty  thousand  dollars. 

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

Approved  April  11,  1896. 


Chap.26l 


An  Act  to  incorporate  the  toavn  of  baldwinville. 
Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     All  the  territory  now  within  the  town  of  Townof  Baid. 

m  1  I'lT  ii'i^n         •  winville  incor- 

lempleton  which  lies  northerly  ot  the  following  described  porated. 
line,  that  is  to  say :  Beginning  at  a  stone  monument  on 
the  boundary  line  between  the  town  of  Templcton  and 
the  town  of  Phillipston,  at  a  point  where  said  boundary 
line  intersects  the  southerly  line  of  the  Royalston  road 
northwesterly  of  and  near  the  Lewis  Brigham  place,  and 
running  thence  easterly  to  a  stone  monument  at  the  north- 
west corner  of  the  Baptist  common  schoolhouse  lot,  thence 
in  the  same  course  easterly  to  a  stone  monument  on  the 
east  line  of  the  East  Baptist  common  road,  thence  running 
southeasterly  in  a  straight  line  to  the  boundary  line  be- 


206 


Acts,  1896.  — Chap.  261. 


Payment  of 
taxes,  etc. 


Support  and  re- 
lief of  paupers. 


tween  the  town  of  Templeton  and  the  town  of  Gardner, 
at  the  point  where  the  Underwood  pond  outlet  empties 
into  the  Otter  river,  is  hereby  incorporated  into  a  separate 
town  by  the  name  of  Baldwinville,  and  the  said  town  of 
Balduinville  is  hereby  vested  with  all  the  powers,  privi- 
leges, rights  and  inmiunities,  and  shall  l>e  sul)ject  to  all 
the  duties  and  requirements,  to  which  other  towns  are 
entitled  and  subject,  under  the  constitution  and  laws  of 
the  Commonwealth. 

Section  2.  The  inhal)itants  of  and  the  estates  within 
tlie  town  of  Baldwinville,  and  the  owners  of  such  estates, 
shall  be  liolden  to  pay  all  the  arrears  of  taxes  which  have 
been  legally  assessed  upon  them  by  the  town  of  Temple- 
ton,  and  all  the  taxes  heretofore  assessed  and  not  collected 
shall  be  collected  and  paid  to  the  treasurer  of  the  town 
of  Templeton,  in  the  same  manner  as  if  this  act  had  not 
been  passed ;  and  until  the  next  state  valuation  the  town 
of  Baldwinville  shall  annually  in  the  month  of  Noveml)er 
pay  to  the  town  of  Templeton  its  proportion  of  such  state 
and  county  taxes  as  may  be  assessed  upon  said  town  of 
Templeton,  said  proportion  to  be  ascertained  and  deter- 
mined by  the  last  valuation  of  said  town  of  Templeton ; 
and  the  assessors  of  the  toAvn  of  Templeton  shall  make 
return  of  said  valuation  and  the  proportion  thereof  in  the 
toAvns  of  Templeton  and  Baldwinville,  respectively,  to 
the  secretary  of  the  Commonwealth  and  to  the  county 
commissioners  of  the  county  of  Worcester. 

Section  3.  The  towns  of  Templeton  and  Baldwinville 
shall  be  respectively  liable  for  the  su})})ort  of  all  persons 
who  now  do  or  shall  hereafter  stand  in  need  of  relief  as 
paupers,  whose  settlement  was  gained,  whether  by  orig- 
inal acquisition  or  by  derivation,  within  their  respective 
limits  ;  and  the  town  of  Baldwin\dlle  shall  pay  annually 
to  the  town  of  Templeton  such  proportion  of  all  costs 
for  the  support  or  relief  of  those  persons  who  now  do 
or  shall  hereafter  stand  in  need  of  relief  or  support  as 
paupers,  and  whose  settlement  by  original  acquisition  or 
by  derivation  was  gained  by  reason  of  military  service 
as  a  part  of  the  quota  of  the  town  of  Templeton,  or  who 
cannot  be  located  on  the  site  whence  their  settlement  was 
derived  or  whereon  it  was  acquired,  as  the  valuation  of 
the  town  of  Baldwinville  shall  bear  to  that  of  the  town 
of  Templeton,  according  to  the  last  state  valuation  prior 
to  said  relief  and  support. 


Acts,  1896.  — Chap.  261.  207 

Section  4.  That  part  of  the  cemetery  fund  the  in-  Cemetery  fund. 
come  of  wliich  is  to  l)e  applied  to  the  care  of  the  ceme- 
tery in  Baldvvinville,  belonging  to  the  town  of  Templeton, 
shall  he  paid  to  and  become  the  pro})erty  of  said  town  of 
Baldwin ville,  and  be  managed  and  the  income  expended 
accordins:  to  the  intention  of  the  original  grant  thereof. 

Section  5.  Any  debt  already  incurred  or  which  may  ^.^^''"°°g°[„  ^ 
hereafter  be  incurred  on  account  of  the  abolition  of  grade  etc. 
crossings  within  the  territory  of  the  said  town  of  Bald- 
winville,  as  decreed  by  the  superior  court,  shall  be  as- 
sumed and  paid  by  the  town  of  Baldwinville ;  and  all 
suits  and  proceedings  at  law  or  equity  arising  from  such 
al^olition  of  grade  crossings  shall  be  instituted  and  prose- 
cuted or  defended  by  the  town  of  Baldwinville,  and  the 
amount  recovered  in  any  such  suit  or  proceeding  by  or 
against  said  town  of  Baldwinville  shall  be  received  or 
paid,  as  the  case  may  be,  by  the  town  of  Baldwinville ; 
and  the  town  of  Baldwinville  shall  assume  and  pay  any  Leasing  of 

Lelaud  8  Hill 

liability  incurred  heretofore  by  the  town  of  Templeton  in  for  town  pur- 

.  poses 

leasing  Leland's  Hall,  Otter  River,  for  town  purposes. 

Section    6.     All  suits    and  proceedings  at  law  or  in  Prosecution  of 

c  suits   otc. 

equity,  other  than  those  mentioned  in  section  live  of  this 
act,  where  the  cause  of  action  in  favor  of  or  against  the 
town  of  Templeton  arose  before  the  passage  of  this  act, 
shall  be  instituted  and  prosecuted  or  defended  by  the 
town  of  Templeton,  with  the  same  effect  as  if  this  act 
had  not  been  passed,  and  the  amount  recovered  in  any 
such  suit  or  proceeding  hy  or  against  said  town  of  Tem- 
pleton shall  be  received  or  paid,  as  the  case  may  be,  by 
the  town  of  Templeton,  and,  including  costs,  expenses 
and  counsel  fees,  shall  be  divided  between  the  towns  of 
Templeton  and  Baldwinville  in  proportion  to  the  last 
valuation  prior  to  the  passage  of  this  act. 

Section  7.  The  town  of  Baldwinville  shall  retain  and  ^^^°°'J°rTus. 
own  schoolhouses,  school  property,  engine  houses,  and  putuc  debt,  etc. 
rights  thereto,  and  fire  apparatus  heretofore  owned  by 
the  town  of  Templeton,  which  are  within  its  limits,  with- 
out payment  therefor  to  the  town  of  Templeton,  and  the 
public  debt  of  the  town  of  Templeton,  other  than  that 
mentioned  in  section  five  of  this  act,  after  deducting  cash 
in  treasury  and  debts  due  said  town  of  Templeton,  shall 
be  divided  between  the  towns  of  Templeton  and  Baldwin- 
ville in  the  proportion  which  the  valuation  of  the  town 
of  Templeton  bears  to  the  valuation  of  the  town  of  Bald- 


208 


Acts,  1896.  — Chap.  261. 


CongreeBional, 
councillor, 
eenatorial  and 
representative 
districts. 


Judicial  district. 


Superintendent 
of  public 
schools. 


First  meeting 
for  election  of 
town  officers. 


List  of  voters  to 
be  furnished. 


winville,  said  proportion  to  be  ascertained  and  determined 
by  the  last  valuation  of  the  town  of  Templeton ;  and  in 
case  the  town  of  Baldwinville  cannot  agree  with  the  town 
of  Templeton  as  to  the  amomit  of  debt  which  it  is  to  as- 
sume under  this  section  said  amount  shall  be  determined 
by  three  commissioners  to  be  appointed  by  the  superior 
court  for  the  county  of  Worcester,  upon  the  application 
of  either  town  and  notice  to  the  other,  whose  award  wJien 
accepted  by  the  said  court  shall  be  binding  upon  all 
parties. 

Section  8.  The  town  of  Baldwinville  shall,  until 
otherwise  provided  by  law,  continue  to  be  a  part  of  the 
second  congressional  district,  of  the  seventh  councillor 
district,  of  the  Worcester  and  Hampshire  senatorial  dis- 
trict, and  the  second  representative  district  of  AVorcester 
county  ;  and  the  inhabitants  of  said  town  of  Baldwinville 
shall  vote  for  each  of  said  officers  in  the  town  of  Baldwin- 
ville. The  selectmen  and  clerk  of  said  town  of  Baldwin- 
ville in  each  of  said  cases  shall  make  returns  as  if  said 
town  had  existed  at  the  time  of  the  formation  of  said 
district.  The  town  of  Baldwinville  shall,  until  otherwise 
provided  by  law,  continue  to  be  a  part  of  the  judicial  dis- 
trict of  the  First  District  Court  of  Northern  Worcester. 
The  town  of  Baldwinville  shall  continue  as  a  part  of  the 
union  of  the  towns  of  Templeton,  Hubl)ardston,  Phillipston 
and  Royalston  for  the  support  of  a  superintendent  of 
public  schools. 

Section  9.  Any  justice  of  the  peace  whose  residence 
is  in  the  town  of  Baldwinville  may  issue  his  warrant 
directed  to  any  inhabitant  of  said  town  of  Baldwinville, 
requiring  him  to  notify  and  warn  the  inhabitants  thereof, 
qualified  to  vote  in  town  affairs,  to  meet  at  the  time  and 
place  therein  appointed,  for  the  purpose  of  choosing  all 
such  officers  as  towns  are  by  law  authorized  and  required 
to  choose  at  their  annual  meeting  ;  and  said  warrant  shall 
be  served  by  posting  copies  thereof,  attested  by  the  person 
to  whom  the  same  is  directed,  in  three  or  more  public 
places  hi  said  town  of  Baldwinville,  seven  days  at  least 
before  such  time  of  meeting.  Such  justice  or  in  his 
absence  such  inhabitant  required  to  notify  the  meeting 
shall  preside  until  the  choice  of  moderator  in  said  town 
meeting.  The  registrars  of  said  town  of  Templeton  shall, 
l>efore  said  meeting,  prepare  a  list  of  voters  in  said  town 
of  Baldwinville,    qualified  to  vote  at  said  meeting,  and 


Acts,  1896.  — Chap.  262.  209 

shall  deliver  the  same  to  the  person  presiding  at  such 
meeting  l)efore  the  choice  of  moderator  thereof. 

Section  10.     All  rights  heretofore  secured  to  existing  Rights  of  cer- 
corporations  upon  the  territory  hereby  incorporated  shall  tfontTto  con^- 
continue  as  though  this  act  had  not  been  passed.  ^'""®' 

Section  1 1 .  This  act  shall  take  effect  upon  its  accei)t-  when  to  take 
ance  l)y  a  majority  vote  of  the  voters  of  said  town  of 
Templeton  present  and  voting  thereon  in  the  several 
precincts  of  said  town  at  any  special  election  or  legal 
meeting  duly  called  for  the  purpose,  Ijut  the  number  of 
such  elections  or  meetings  shall  not  exceed  two.  The 
first  of  such  elections  or  meetings  shall  be  called  in  the 
month  of  June  in  the  year  eighteen  hundred  and  ninety- 
six,  and  if  a  subsequent  election  or  meeting  should  be 
necessary  it  shall  be  called  in  the  month  of  Septemlier  in 
the  year  eighteen  hundred  and  ninety-six.  The  select- 
men of  said  town  shall  insert  in  the  warrant  for  such 
election  or  meeting  an  article  providhig  for  a  vote  upon 
tlie  question,  <'  Shall  the  act  to  inc()r})orate  the  town  of 
Baldwinville  be  accepted?"  The  vote  shall  be  l)y  sepa- 
rate ballot  and  in  accordance  with  what  is  commonly 
known  as  the  Australian  ballot  or  method  of  voting  ;  and  f°'''»  °^  *^^"°'- 
the  l^allot  shall  be  printed  in  substantially  the  following 
form :  —  Shall  the  act  to  incorporate  the 
town  of  Baldwinville  l)e  accepted?  In  tak- 
ing said  vote  the  check  list  shall  be  used. 

Api^roved  April  11^  1896. 

An  Act  to  authorize  the  roman  catholic  cemetery  associa-  Cjlinj)  262 

TION  TO   CONVEY   CERTAIN   LANDS   TO   THE   CITY   OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  Roman  Catholic  Cemetery  Associa- The  Roman 
tion,  a  corporation  estalilished  l)y  chapter  two  hundred  cemetery 
and  sixteen  of  the  acts  of  the  year  eighteen  hundred  and  ^*^''*^>""°"- 
sixty-eight,  shall  hereafter  consist  of  John  J.  Williams, 
William  Byrne  and  Richard  Neagle,  their  associates  and 
successors ;    with  all  the  powers  and   subject  to   all   the 
duties,  restrictions  and  limitations  set  forth  or  referred 
to  in  said  chapter. 

Section  2.  Said  corporation  is  hereby  empowered  to  May  convey 
conve}'^  to  the  city  of  Maiden  the  lands  of  said  corjioration  to "uy  of""^^ 
laid  out  by  said  city  of  Maiden  as  a  inil)lic  highway,  con-  Maiden,  et«. 
taining  about  ninety-eight  thousand  seven  hundred  thirty- 


YES. 

NO. 

210  Acts,  1896.  — Chaps.  263,  264,  265. 

eight  square  feet,  and  also  to  sell  and  convey  all  the  lands 
of  said  corporation  lying  northerly  of  said  highway  so 
laid  out ;  no  part  of  said  lands  which  said  corporation  is 
hereby  empowered, to  convey  to  'be  ever  used  for  the 
purposes  of  burial.  -  Approved  April  11^  1896. 

ChaD.2GS  '^  ^^^  '^^  CHANGE    THE    NAME    OF    THE    NEWTON    CORNER    METH- 
ODIST  EPISCOPAL   CHURCH. 

Be  it  enacted,  etc.,  as  follows  : 

Name  changed.  Section  1.  The  name  of  the  Newton  Corner  Meth- 
odist Episcopal  Church  is  hereby  changed  to  Newton 
Methodist  Episcopal  Church. 
oms. bequests,  Section  2.  All  gifts,  grants,  l)equests  and  devises 
heretofore  or  hereafter  made  to  said  corporation  under 
either  of  said  names  shall  vest  in  said  Newton  Methodist 
Episcopal  Church. 

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

Approved  April  11,  1896. 

OhctI).2iQ4:  -^^  ■^^'^  '^^   REGULATE  THE  SALE  OF  CONDENSED  MILK. 

Be  it  enacted,  etc. ,  as  folloios : 
Sale.  etc.  of  Section  1.     No  pcrsou  shall  sell  or  offer  for  sale  or 

condensed  milk  .  i 

regulated.  cxcliange  in  hermetically  sealed  cans  any  condensed  milk 
or  condensed  skim  milk,  unless  in  cans  which  are  dis- 
tinctly labeled  with  the  name  of  the  person  or  company 
manufacturing  said  condensed  milk  or  skim  milk,  the 
brand  under  which  it  is  made,  and  the  contents  of  the 
can. 

labeled"  etc.  Section  2 .     Coiideused  milk  sold  from  cans  or  pack- 

ages not  hermetically  sealed  shall  be  branded  or  labeled 
with  the  name  of  the  manutacturer. 

Penalty.  Section  3.     Auy  pcrsou  violating  the  provisions  of 

this  act  shall  be  subject  to  the  same  penalties  as  for  the 
adulteration  of  milk.  ^      Approved  April  11,  1896. 

ChaV.265  ^^  ^^^  ^^  authorize  the  city  of  BOSTON  TO  REIMBURSE  CER- 
TAIN FIREMEN  FOR  LOSSES  SUSTAINED  IN  THE  BURNING  OF  BUILD- 
INGS  BELONGING  TO   THE   FIRE   DEPARTMENT. 

Be  it  eyiacted,  etc. ,  as  folloios : 

[o'be"'r"eim.'"'"       The  City  of  Bo^toH  may  reimburse  the  members  of  the 
o^pefsinai'"'^    lire  department  of  said  city  for  the  loss  of  personal  effects 

effects. 


Acts,  1896.  — Chaps.  2G6,  267.  211 

caused  by  the  burning  of  houses  belonging  to  the  fire 
department  on  the  fifteenth  day  of  May,  in  the  year  eight- 
een hundred  and  ninety-four. 

Approved  April  11,  1896. 

An  Act  kelative  to  the  appointment  of  assistant  assessors  (7Aai>.266 

IN  the   city   of  new   BEDFORD. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     The  board  of  assessors  at  large  of  the  city  Assistant 
of  New  Bedford  may  annually,  during  the  month  of  March,  of  New  Bed- 
appoint,  subject  to  confirmation  by  the  city  council,  who  mentr^tc?'"'' 
shall  fix  their  compensation  per  diem,  such  nuuiber  of 
persons  as  said  board  shall  determine  to  be  necessary, 
who  shall  be    styled   assistant  assessors,  and  who  shall 
have  the  powers  and  perform  the  duties  heretofore  ap- 
pertaining to  assistant    assessors    in   New  Bedford,  and 
who  shall  hold  ofiice  for  one  year. 

Section  2.     Section  five   of  chapter  two  of  the  acts  Repeal, 
of  the  year  eighteen  hundred  and  fifty-seven,  in  so  far  as 
it  relates  to  assistant  assessors  in  New  Bedford,  and  all 
acts  and  parts  of  acts,  in  so  far  as  they  are  inconsistent 
herewith,  are  hereby  repealed. 

Section  3.     This  act  shall  not  take  effect  unless  ac-  when  to  take 
cepted  by  the  inhabitants  of  New  Bedford  at  the  next 
annual  municipal  election.  A2:>proved  April  13, 1896. 

An  Act  relative  to  public  parks  in  the  town  of  Arlington.  (77^^/9.267 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  board  of  park  commissioners  of  the  May  take  cer- 
town  of  Arlington,  at  any  time  within  one  year  after  the  for  park  pur-  ' 
passage  of  this  act,  may  take  and  hold,  by  purchase  or  ^°^^^' 
otherwise,  any  and  all  such  real  estate  and  lands  not  ex- 
ceeding thirty  acres  in  extent  as  said  board  may  deem 
advisaljle  within  that  part  of  said  town  which  is  bounded 
by  Spring  street  on  the  southwest,  Highland  avenue  on 
the  northwest.  Gray  street  and  the  extension  thereof  to 
Highland  avenue  on  the  northeast,  and  Pleasant  street  on 
the  southeast ;  and  also  any  and  all  such  real  estate  and 
lands  not  exceeding  ten  acres  in  extent  as  said  board  may 
deem  advisable  within  that  part  of  said  town  which  is 
bounded  on  the  southeast  by  Medford  street  from  Chest- 
nut street  to  Mt.  Pleasant  cemetery,  and  by  said  cemetery 
and  other  land  of  said  town,  on  the  east  and  northeast 


212 


Acts,  1896.  — Chap.  267. 


Description  of 
lunds,  etc.,  to  be 
recorded. 


Fee  of  land  to 
vest  in  town, 
etc. 


Real  estate 
benefited  may 
be  assessed 
proportional 
share  of  cost, 
etc. 


])y  lower  Mystic  pond  and  by  land  of  Niles,  on  the  north- 
west l)y  Mystic  and  Chestnut  streets  from  land  of  Niles 
to  said  Medford  street,  and  may  lay  out,  maintain  and 
improve  the  same  as  a  public  park  or  parks. 

Section  2.  Said  lioard  shall,  within  sixty  days  after 
the  taking  of  any  lands  and  real  estate  as  aforesaid  under 
this  act,  otherwise  than  hy  purchase  or  gift,  file  and  cause 
to  be  recorded  in  the  registry  of  deeds  of  the  southern 
district  of  the  county  of  Middlesex  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement 
of  the  purpose  for  which  the  same  were  taken. 

Section  3.  Said  lioard  shall  estimate  and  determine 
all  damages  sustained  by  any  person  l)y  the  taking  of  land 
or  by  other  acts  of  said  board  in  the  execution  of  the 
})ower  vested  in  it  l)y  this  act ;  ])ut  a  person  aggrieved 
by  any  such  determination  of  said  board  may  have  his 
damages  assessed  by  a  jury  of  the  superior  court  in  the 
same  manner  as  is  provided  by  law  with  respect  to  dam- 
ages sustained  hy  reason  of  the  laying  out  of  ways.  If 
upon  trial  damages  are  increased  beyond  the  award  the 
party  in  whose  favor  the  award  was  made  shall  recover 
his  costs ;  otherwise  he  shall  pay  costs,  and  the  costs 
shall  be  taxed  as  in  civil  cases. 

Section  4.  The  fee  of  any  land  taken  or  purchased 
1)y  said  l)oard  for  a  park  under  this  act  shall  vest  in  said 
town  of  Arlington ;  and  said  town  shall  be  liable  to  pay 
all  damages  assessed  or  determined  as  provided  in  the 
preceding  section  and  all  costs  and  expenses  incurred  by 
said  board  of  park  commissioners  in  the  execution  of  the 
})owers  vested  in  said  board  by  this  act. 

Section  5.  At  any  time  within  two  years  after  any 
land  is  taken  or  purchased  for  a  park  or  parks  under  this 
act  said  board  of  })ark  commissioners,  if  in  its  opinion 
any  real  estate  in  said  town  receives  any  benefit  and  ad- 
vantage from  such  taking  or  purchasing,  or  from  the 
locating  or  laying  out  of  a  park  or  parks  under  this  act 
beyond  the  general  advantage  to  all  real  estate  in  said 
town,  may  adjudge  and  determine  the  value  of  such 
benefit  and  advantage  to  any  such  real  estate,  and  may 
assess  upon  the  same  a  proportional  share  of  the  cost 
of  land  so  purchased  or  taken  and  of  the  expense  of  lay- 
ing out,  grading  and  making  such  park  or  parks  ;  but  in 
no  case  shall  the  assessment  exceed  one  half  of  the  amount 
of  such  adjudged  benefit  and  advantage.     Said  real  estate 


Acts,  1896.  — Chap.  267.  213 

subject  to  such  assessment  may  include  the  remainder  of 
the  land  of  which  a  part  is  taken  for  said  pul)lic  park  or 
parks,  and  real  estate  which  does  not  abut  upon  the  park, 
from  the  laying  out  of  which  the  betterments  accrue,  or 
upon  a  street  or  way  bounded  upon  said  park. 

Section  6.     Assessments  made   under  the   preceding  AssesamentB  to 

,•  1      11  i-j_    j_  T  j^i  1  j^    X  constitute  a  lien 

■ection    shall  constitute  a   lien  upon  the   real  estate    so  upon  real  estate, 
assessed  and  shall  be  collected    and   enforced  with  the  ®"^' 
same  rights  to  owners  to  surrender  their  estates,  and  the 
same  proceedings  thereupon  and  with  the  same  rights  of 
and  proceedings  upon  appeal,  as  are  provided  l)y  chapter 
fifty-one  of  the  Public  Statutes, 

Section  7.  For  the  purpose  of  defraying  the  expenses  Arlington  Park 
incurred  under  the  provisions  of  this  act  or  under  the 
provisions  of  chapter  one  hundred  and  fifty-four  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-two  the 
l)oard  of  selectmen  of  the  town  of  Arlington  shall  have 
authority  to  issue  from  time  to  time,  in  excess  of  the 
limit  allowed  by  law,  scrip  or  bonds,  to  be  denominated 
on  the  fiice  thereof,  Arlington  Park  Loan,  to  the  amount 
of  fifteen  thousand  dollars,  and  to  a  further  amount  not 
exceeding  the  sums  hereafter  appropriated  by  said  town 
for  the  purchase  or  taking  of  lands  for  a  park  or  parks, 
l)earing  interest  at  a  rate  not  exceeding  four  per  centum 
per  annum,  payable  semi-annually,  the  principal  to  be 
payable  at  periods  of  not  more  than  fifty  years  from  the 
issuing  of  such  scrip  or  bonds  respectively.  Said  board 
of  selectmen  may  sell  the  same  from  time  to  time  or 
pledge  the  same  for  money  borrowed  for  the  above  pur- 
poses ;  but  the  same  shall  not  be  sold  or  pledged  for  less 
than  the  par  value.  For  the  redemption  of  said  loan  said  sinking  fund. 
town  at  its  next  annual  meeting  or  at  any  special  meeting 
called  for  the  purpose  during  the  current  year  shall  estab- 
lish a  sinking  fund  sufficient  with  the  accumulating  inter- 
est to  provide  for  the  payment  of  such  loan  at  maturity. 
All  premiums  received  on  the  sale  of  said  bonds  and 
scrip  and  all  amounts  received  for  betterments  shall  be 
paid  into  such  sinking  fund,  until  such  fund  shall  amount 
to  a  sum  sufiicient  with  its  accumulations  to  pay  at  ma- 
turity the  bonds  for  the  security  of  which  the  fund  was 
established. 

Sections.     This  act  shall  not  be  construed  to  limit  P^rk  commis- 

ji  p        •  1   1  T        /•  1  •       •  sioners  may 

the  power  or  said  board  or  park  commissioners  to  take,  take  certain 
in  addition  to  the  land  herein  specified,  other  lands  in  ° 


214  Acts,  1896.  — Chaps.  268,  269. 

said  town  for  park  purposes,  in  accordance  with  the  pro- 
visions of  chapter  one  hundred  and  fifty-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-two. 
^^p^'^^-  Section  9 .     Chapter  one  hundred  and  thirteen  of  the 

acts  of  the  year  eighteen  hundred  and  ninety-six  is  hereljy 
repealed. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  April  13,  1896. 

Chcip.2iQ8  -^N  Act  kelative  to  the  taking  of  scallops. 

Be  it  enacted,  etc. ,  as  folloivs : 

i^^'s^rfst'/icte'd'  Section  1.  Whoever  at  any  time  l)etween  the  first 
day  of  April  and  the  first  day  of  October  shall  take  scal- 
lops from  any  of  the  flats  or  waters  of  the  state,  or  shall 
buy  or  sell  or  have  in  his  possession  any  scallops,  shall 
be  punished  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars  for  each  oflence. 

Taking  of  seed        Section  2.     Tlic  taking  of  seed  scallops  from  any  of 

scallops  pro-  in  p     .       ^  .  * 

hibited,  etc.  tlic  flats  or  watcrs  of  the  state  is  hereby  prohibited,  and 
w^hoever  shall  be  convicted  of  taking  such  scallops  shall 
he  punished  by  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars,  but  a  person  taking  such  scallop 
and  immediately  returning  it  alive  to  the  flat  or  waters 
from  which  it  was  taken  shall  not  be  subject  to  such 
penalty. 

^''P'^*'-  Section  3.     Chapter  ninety-six  of  the  acts  of  the  year 

eighteen  hundred  and  eighty-seven  is  hereby  repealed. 

Ajiproved  April  13,  1896. 

(7/itt».269  ^^  -^^^  RELATIVE   TO   THE   ISSUE   OF   NOTES,   BONDS    AND    SCRIP   BY 

CITIES  AND   TOWNS. 

Be  it  enacted,  etc. ,  as  folloivs  : 

amended  ^^'  Section  1.     Scctiou  oue  of  chapter  one  hundred  and 

twenty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four  is  hereby  amended  l)y  inserting  in  the  third 
line,  after  the  word  "Statutes",  the  words  :  —  or  under 
other  existing  provisions  of  law,  —  by  inserting  in  the 
ninth  line,  after  the  word  "twenty-nine  ",  the  words  :  — 
or  acts  in  amendment  thereof  or  in  addition  thereto,  — 
and  by  striking  out  in  the  tenth  and  eleventh  lines,  the 
w^ords  "  at  a  rate  not  exceeding  six  per  cent,  per  annum  ", 
and  inserting  in  place  thereof  the  words  :  —  at  such  rate 


Acts,  1896.  — Chap.  270.  215 

as  it  may  deem  proper,  —  so  that  said  section  as  amended 
shall  read  as  follows:  —  Section  1.     Any  city  or  town  issue  of  notes, 
which  has  already  incurred  or  shall  hereafter  incur  a  del)t  by  cities  and  ^ 
under  the  provisions  of  chapter  twenty-nine  of  the  Pul)lic  *°^°^- 
Statutes,  or  under  other  existing-  provisions  of  law,  may 
issue  notes,  bonds  or  scrip  therefor,  properly  denominated 
on  the  face  thereof,  and  signed  hy  its  treasurer  and  coun- 
tersigned in  case  of  a  city  by  its  mayor,  and  in  case  of  a 
town  by  a  majority  of  its  l)oard  of  selectmen,  and  within 
the  limitations  as  to  amount  and  time  of  payment  pre- 
scribed in  said  chapter  twenty-nine  or  acts  in  amendment 
thereof  or  in  addition  thereto,  with  interest  payal)le  semi- 
annually at  such  rate  as  it  may  deem  proper ;  and  may  Notes,  etc., 
sell  said  notes,  bonds  or  scrip  at  public  or  private  sale,  pubiicorprivate 
or  use  the  same  in  payment  of  such  debts  upon   such 
terms  and  conditions  as  it  may  deem  proper,  provided 
that  said  notes,  bonds  and  scrip  shall  not  be  sold  at  less 
than  par. 

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

Approved  April  13,  1896. 


sale,  etc. 


Chap.270 


An  Act  relative  to  the  admission  of  mutual  fire  insurance 
companies  to  transact  business  in  this  commonwealth. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     The  second  paragraph  of  section  seventy-  i894, 522,  §  78, 
eight  of  chapter  five  hundred  and  twenty-two  of  the  acts  '*™'^°  '^ 
of  the  year  eighteen  hundred  and  ninety-four  is  hereliy 
amended  by  inserting  in  the  tenth  line,  after  the  word 
"  plan  ",  the  following  words  :  —  or  that  it  possesses  net 
cash  assets  of  not  less  than  one  hundred  thousand  dollars 
or  net  cash  assets  of  not  less  than  fifty  thousand  dollars, 
with  also  invested  assets  of  not  less  than  one  hundred 
thousand  dollars  and,  in  each  case,  with  additional  con- 
tingent assets  of  not  less  than  three  hundred   thousand 
dollars,  and,  —  so  that  said  paragraph  as  amended  will 
read  as  follows  :  —  Second,  It  shall  satisfy  the  insurance  certain  mutual 
commissioner  that  it  is  fully  and  legally  organized  under  compaui'esTo'' 
the  laws  of  its  state  or  government  to  do  the  business  it  gfo!fe?th*nTthly 
proposes  to  transact;  that  it  has,  if  a  stock  company,  a  "''.-Infrelf  with 
fully  paid  up  and  unimpaired  capital,  exclusive  of  stock-  sufficient capi. 
holders' obligations  of  any  description,  of  an*  amount  not 
less  than  is  required  of  similar  companies  formed  under 
the  provisions   of  this  act,  and,  if  a  mutual  company, 


216  Acts,  1896.  — Chap.  271. 

other  than  life,  that  it  has  net  cash  assets  equal  to  the 
capital  required  of  like  companies  on  the  stock  plan  ;  or 
tlrat  it  possesses  net  cash  assets  of  not  less  than  one  hun- 
dred thousand  dollars  or  net  cash  assets  of  not  less  than 
fifty  thousand  dollars,  with  also  invested  assets  of  not 
less  than  one  hundred  thousand  dollars  and,  in  each  case, 
with  additional  contingent  assets  of  not  less  than  three 
hundred  thousand  dollars,  and  that  such  capital  or  net 
assets  are  '  well  invested  and  immediately  available  for 
the  payment  of  losses  in  this  Commonwealth ;  and  that 
it  insures  on  any  single  hazard  a  sum  no  larger  than  one 
tenth  of  its  net  assets. 

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

Approved  Ap)ril  13,  1896. 


Chan  271   ^^  ■^^'^  '^^  authorize  the   city   of   BEVERLY  TO   INCUR  INDEBTED- 
NESS  BEYOND  THE   LIMIT   FIXED   BY  LAW,  FOR   PARK   PURPOSES. 

Be  it  enacted,  etc. ,  as  folloivs  : 
Beverly  Park  SECTION  1.     Tlic  city  of  Bcvcrly,  for  the  purpose  of 

1896.'  ac(|uiring  land  for  park  purposes  and  for  defraying  the 

cost  and  expenses  of  constructing  parks,  is  hereby 
authorized  to  issue  from  time  to  time  notes,  bonds  or 
scrip,  to  an  amount  not  exceeding  fifty  thousand  dollars, 
to  be  denominated  on  the  foce  thereof,  Beverly  Park 
Loan,  Act  of  1896,  bearing  interest  at  a  rate  not  exceed- 
ing 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  or  scrip 
respectively.  Said  city  may  sell  said  bonds,  notes  or 
scrip,  or  any  part  thereof,  at  pul)lic  or  private  sale, 
provided  that  the  same  shall  not  be  sold  for  less  than  the 
par  value  thereof. 
Payment  of  SECTION   2.     Said  bouds  shall  be  so  issued  that  a  pro- 

loan,  etc.  .  /.iii  •  iini 

portionate  part  oi  the  whole  amount  issued  shall  l)ecoine 
due  on  the  first  day  of  July  in  the  year  eighteen  hundred 
and  ninety-seven,  and  thereafter  a  like  proportionate 
amount  shall  become  due  each  succeeding  year,  until  the 
whole  debt  is  extinguished.  Said  city  shall,  at  the  time 
of  authorizing  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 
proportionate  amount  to  be  paid  each  year  shall  be  so 


Acts,  1896.  — Chap.  272.  217 

fixed  the  amount  required  thereby  shall  be  assessed  by 
the  assessors  of  said  city  in  each  year  thereafter  until  the 
debt  incurred  by  the  city  for  park  purposes  shall  l)e  ex- 
tinguished, in  the  same  manner  as  other  taxes  are  assessed 
under  the  provisions  of  section  thirty-four  of  chapter 
eleven  of  the  Public  Statutes. 

Sections.     When  authorized  by  the  city  council  of  issue  and  aaie 

/•    1       1  1      r>  I  .of  bonds,  etc. 

said  City,  and  on  the  request  oi  the  l)oard  of  park  commis- 
sioners, approved  by  the  mayor,  said  bonds  or  certifi- 
cates, to  the  amount  requested,  may  be  issued  or  sold 
and  the  proceeds  thereof  retained  in  the  treasury  of  said 
city,  and  the  cost  and  expenses  incurred  for  the  purposes 
aforesaid  may  be  paid  therefrom,  subject  to  the  provisions 
of  chapter  one  hundred  and  fifty-four  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-two  authorizing  and' 
regulating  such  expenditures. 

Section  4.     The  debt  and  loan  authorized  by  this  act  Not  to  be 
shall  not  be  reckoned  in  determining  the  authorized  limit  deteimining 
of  indelitedness    of  said    city   under   the    provisions    of 
section  four  of  chapter  twenty-nine  of  the  Public  Statutes 
and  acts  amendatory  thereof  and  in  addition  thereto. 

Section  5.  This  act  shall  take  effect  upon  its  passage,  when  to  take 
l)ut  no  expenditure  shall  l)e  made  and  no  lial)ility  incurred 
under  the  same  unless  this  act  shall  first  l^e  accepted  by  a 
vote  of  two  thirds  of  all  the  members  of  each  branch  of 
the  city  council  of  Beverly,  ^vithin  one  year  from  the 
date  of  its  passage.  Approved  April  13,  1896. 


Chap.272 


An  Act  to  prevent  the  sale  of  adulterated  spirituous 
intoxicating  liquor. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  nine  of  chapter    one   hundred   of  the    Public  p.  s.ioo,  §9, 
Statutes  is   hereliy  amended  by   striking  out  all  of  the  ''™®°'**'''- 
third  clause  and  inserting  in  place  thereof  the  following : 
—  Third,  That  no  spirituous  or  intoxicating  liquor  shall  conditions  of 

'  1  01  liceiiBt's  for  sale 

l)e  sold,  exchanged  or  delivered,  or  exposed,  offered  or  of  intoxicating 
kept  for  sale,  exchange  or  delivery,  upon  the  premises 
described  in  any  license,  except  such  as  is  of  good 
standard  quality,  and  such  as  is  free  from  any  adultera- 
tion prohibited  in  the  Pharmacopeia  of  the  United  States, 
and  under  the  several  acts  relating  to  adulteration  of  food 
and  drugs,  for  either  a  food  or  a  drug.     Aud  if  marked. 


218  Acts,  1896.  — Chaps.  273,  274. 

labeled  or  represented  as  being  the  product  of  any  foreign 
country  it  shall  also  be  of  the  standard  quality  required 
for  its  legal  sale  for  domestic  use  in  the  country  of  its 
reputed  production.  All  such  liquors  as  are  sold,  ex- 
changed or  delivered,  or  which  are  exposed  or  kept  for 
sale,  exchange  or  delivery,  under  a  license  of  the  sixth 
class,  shall  be  of  the  quality  required  for  their  sale  as 
drugs  under  the  provision  of  the  acts  relating  to  the 
adulteration  of  food  and  drugs. 

Approved  April  13,  1896. 

QJia7).27S  ^^  ^^'^  '^^   AUTHORIZE   THE   CITY  OF  BOSTON   TO   GRANT  A  PENSION 
TO  JOHN  ROGERS  FORMERLY  A   POLICE   OFFICER   OF   SAID   CITY. 

Be  it  enacted,  etc.,  as  follows  : 

S  venZT  Section  1 .  The  board  of  police  for  the  city  of  Boston , 
John  Rogers,  ^,j^]^  i]^q  approval  of  the  mayor,  may  retire  from  the 
position  of  constable  of  the  municipal  court  of  the  South 
Boston  district  of  said  city  and  place  upon  the  pension 
roll  of  the  police  department,  John  Rogers,  who  was 
injured  while  in  the  discharge  of  his  duty  as  a  member 
of  said  department.  The  said  Rogers  shall  be  retired  in 
the  same  manner  and  under  the  same  restrictions,  and  shall 
receive  a  similar  pension,  as  if  he  were  at  the  time  of 
retirement  an  officer  of  the  regular  police  force  of  said 
city  receiving  the  pay  which  he  received  on  the  first  day 
of  January  of  the  current  year. 
When  to  take  Section  2.     This  act  shall  take  effect  when  accepted 

l)y  the  city  council  of  the  city  of  Boston  with  the 
approval  of  the  mayor.  Ax)proved  April  13,  1896. 

QJiar>.2i74:  ^^  ^^'^  '^^   AUTHORIZE    THE     BOURNE     IMPROVEMENT     ASSOCIATION 
TO   HOLD  REAL  ESTATE   FOR  THE   BENEFIT   OF   THE   PUBLIC. 

Be  it  enacted,  etc. ,  as  folloivs  : 
The  Bourne  SECTION  1.     The  Boume  Improvement  Association,  a 

Improvement  _  ,  i  i      i  <?      i 

AsHociationmay  corporatioii  Organized  under  the  general  laws  of  the 
'  Commonwealth,  is  hereby  authorized  and  empowered  to 
hold  such  real  estate  in  the  town  of  Bourne  as  it  may 
acquire  by  gift  or  purchase,  for  public  reservations  and 
other  general  public  objects  for  the  improvement  of  said 
town  of  Bourne. 

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

Appi'oved  April  13,  1896. 


Acts,  1896.  — Chaps.  275,  276,  277.  219 


An  Act  relative  to  the  water  supply  of  the  reformatory  QJidYy  275 

PRISON   FOR   WOMEN. 

Be  it  enacted^  etc.,  as  foUoios : 

Section  1.     Section  three   of  chapter   three  hundred  i^^^^^^- 5  3. 
and  seventy  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  is  hereby  amended  by  striking  out  all  of  said 
section  and  inserting  in  place  thereof  the  following :  — 
Section  3.     The  superintendent  of  the  reformatory  prison  Protection  of 
for  women,  with  the  approval  of  the  commissioners  of  Jlforaatory^° 
prisons,  may  appoint  a  watchman  to  protect  the  waters  of  ^omen!'"^ 
said  pond  ;  and  in  the  performance  of  his  duties  under  this 
act  said  watchman  shall  have  the  powers  of  the  district  police. 

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

Approved  Apjril  13,  1896. 


Chap.276 


An  Act  to  restrict  the  use  of  tuberculin. 

Be  it  enacted,  etc.,  as  folloios : 

Section  fourteen  of  chapter  four  hundred  and  ninety-  isgs,  496,  §  u, 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five  is  hereby  amended  by  striking  out  in  the  first  and 
second  lines,  the  words  "  eighteen  hundred  and  ninety- 
six",  and  inserting  in  place  thereof  the  words:  —  eight- 
een hundred  and  ninety-seven, — so  that  the  section  as 
amended  will  read  as  follows  :  —  Section  14.    Until  June  Use  of  tuber- 

,.       ..T.  1  TT  -I       •       I  ,^  /»ii  culin  restricted. 

first  eighteen  hundred  and  ninety-seven  the  use  ot  tuber- 
culin as  a  diagnostic  agent  for  the  detection  of  the  disease 
known  as  tuberculosis  in  domestic  animals  shall  be  re- 
stricted to  cattle  brought  into  the  Commonwealth  from 
any  point  without  its  limits,  and  to  all  cattle  held  in 
quarantine  at  Brighton,  Watertown  and  Somerville  :  pro-  Proviso. 
vided,  however,  that  tu])erculin  may  be  used  as  such  diag- 
nostic agent  on  any  animal  or  animals  in  any  other  portion 
of  the  state  upon  the  consent  in  writing  of  the  owner  or 
person  in  possession  thereof,  and  upon  any  animals  con- 
demned as  tuberculous  upon  ph^^sical  examination  liy  a 
competent  veterinarian.  Approved  April  13,  1896. 

An  Act  relative  to  loans  by  co-operative  banks.  Chan  277 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.     Section  ten  of  chapter  one  hundred  and  ^z  s- ^^'^' §  ^°> 

1  etc.,  amended. 

seventeen  ot  the  Puljlic  Statutes,  as  amended  by  section 


220 


Acts,  1896.  — Chap.  278. 


Loans  by 

co-operative 

baDka. 


Investment  of 
unsold  money, 
etc. 


one  of  chapter  seventy-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety,  is  hereby  amended  by 
striking  out  all  of  said  section  and  inserting  in  place 
thereof  the  following  :  —  Section  10.  The  moneys  ac- 
cumulated, after  due  allowance  for  all  necessary  expenses 
and  the  cancellation  of  shares,  shall  at  each  stated  monthly 
meeting  l)e  oft'ered  to  the  meml)ers  according  to  the  pre- 
miums bid  by  them  for  priority  of  right  to  a  loan.  Each 
member  whose  bid  is  accepted  shall  be  entitled  upon  giv- 
ing proper  security  to  receive  a  loan  of  two  hundred  dol- 
lars for  each  unpledged  share  held  by  him,  or  such  frac- 
tional part  of  two  hundred  dollars  as  the  by-laws  may 
allow.  If  any  money  so  offered  for  sale  remains  unsold 
the  directors  may  invest  the  same  in  any  of  the  securi- 
ties named  in  the  second  clause  of  section  twenty-one  of 
chapter  three  hundred  and  seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  or  may  loan  the 
same  upon  first  mortgages  of  real  estate  situated  in  this 
Commonwealth,  upon  the  conditions  imposed  upon  co- 
operative l)anks,  or  may  loan  the  same  upon  the  shares 
of  the  bank  in  sums  not  exceeding  their  value  at  the 
adjustment  next  preceding  the  time  of  the  loan,  provided 
that  the  loans  in  either  case  shall  be  at  the  highest  rate 
at  the  next  preceding  monthly  sale  of  moneys,  and 
further  provided  that  in  either  case  a  note  shall  be  given 
as  required  by  section  thirteen  of  chapter  one  hundred 
and  seventeen  of  the  Public  Statutes. 

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

Approved  April  13,  1896. 


Chap. 


May  take  cer- 
tain waters, 
lands,  etc. 


278  ^^  -A.CT   TO   PROVIDE   AN  ADDITIONAL  WATER   SUPPLY  FOR  THE  CITY 

OF   PITTSFIELI). 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.  The  city  of  Pittsficld  is  hereby  authorized 
by  and  through  the  agency  of  its  l)oard  of  public  works, 
to  take  the  waters  of  Smith  brook  and  of  Maj^  brook,  in 
said  city  and  in  the  town  of  Hancock,  and  the  waters 
which  flow  into  and  from  said  brooks,  and  to  convey  the 
same  to,  into  and  through  said  city,  for  the  purpose  of 
furnishing  an  additional  supply  of  water  for  said  city  and 
for  public  purposes  ;  and  for  this  purpose  to  take,  l)y  pur- 
chase or  otherwise,  any  lands  on  or  around  said  l)rooks, 
and  any  waters  and  water  rights  connected  therewith,  and 


Acts,  1896.  — Chap.  278.  221 

to  build  and  maintain  all  necessary  dams  and  reservoirs, 
and  to  lay  and  maintain  all  necessary  pipes,  conduits 
and  ditches  to  connect  the  same  with  its  present  water 
works. 

Section  2.  Said  city  shall  pay  all  damages  sustained  damages. 
by  any  person  or  corporation  in  property  by  reason  of 
such  taking,  and  any  person  or  corporation  sustaining 
damages  as  aforesaid,  who  fails  to  agree  with  the  board 
of  public  works  of  said  city  as  to  the  amount  of  damages 
sustained,  may  have  the  damages  assessed  and  determined 
in  the  manner  provided  by  law  when  land  is  taken  for  the 
laying  out  of  highways,  on  application  at  any  time  within 
the  period  of  two  years  from  the  taking  of  such  land  or 
other  property. 

Section  3.  The  provisions  of  section  nine  of  chapter  isss.  210,  §  9,  to 
two  hundred  and  ten  of  the  acts  of  the  year  eighteen  hun- 
dred and  fifty-two  shall,  so  far  as  the  same  are  applicaljle, 
api)ly  to  all  water  taken  and  to  all  structures  made  and 
property  acquired  or  taken  by  said  city  under  this  act ; 
and  all  the  rights,  privileges  and  remedies  therein  con- 
ferred upon  the  Pittsfield  Fire  District  shall  vest  in  and 
be  exercised  and  enjoyed  by  the  city  of  Pittsfield. 

Section  4.  The  said  city  may  for  the  purpose  of  pay-  Pittsiieid  water 
ing  the  necessary  expenses  and  liabilities  incurred  under  i896.'" 
the  provisions  of  this  act  incur  indebtedness  from  time 
to  time  to  an  amount  not  exceeding  one  hundred  thousand 
dollars,  and  may  issue  bonds,  notes  or  scrip  therefor. 
Such  bonds,  notes  or  scrip  shall  bear  on  the  face  thereof 
the  words,  Pittsfield  Water  Loan,  Act  of  1896,  shall  be 
payal)le  at  the  expiration  of  periods  not  exceeding  thirty 
years  from  the  date  of  issue,  and  shall  l)ear  interest  pay- 
able semi-annually  at  a  rate  not  exceeding  six  per  cent, 
per  annum.  Said  city  shall  provide  that  at  least  four 
thousand  dollars  shall  be  due  and  payable  upon  the  prin- 
cipal of  said  indebtedness  each  year.  The  said  city  may 
authorize  temporary  loans  to  he  made  by  its  mayor  and 
treasurer  in  anticipation  of  the  issue  of  bonds,  notes  and 
scrip  hereby  authorized,  or  in  anticipation  of  the  pay- 
ments to  be  made. 

Section  5 .     The  city  council  of  said  city  may  by  vote  Payment  of 
determine   that  the  principal  and  interest  of  any  l)onds 
issued  under  the  provisions  of  the  preceding  section  shall 
l)e  payable  in  gold  coin  equal  to  present  value  in  fineness 
and  weight. 


222  Acts,  1896.  — Chap.  279. 

When  to  take  Section  6.  TMs  act  sliall  not  take  effect  until  ac- 
cepted by  a  two  thirds  vote  of  all  the  members  of  each 
branch  of  the  city  council  of  said  city,  taken  hy  yeas  and 
nays  and  approved  by  the  mayor  of  said  city. 

Approved  April  14,  1896. 

Chcf,7).^7Q  An  Act  relative  to  the  burial  of  deceased  indigent  soldiers, 
SAILORS  OR  marines  WHO  served  in  the  ariiy  or  navy  of 
the  united  states  during  the  war  of  the  rebellion,  and 
to  the  burial  of  their  wives  and  widows. 

Be  it  enacted,  etc. ,  as  follows  : 

^"•■'"j  ?f '!*■-  ,        Section  1 .     It  shall  be  the  duty  of  the  mayor  of  each 

ceased  indigent        .  /.i  i  r>i  f    i        y^ 

soldiers,  etc.  city  and  of  the  selectmen  of  each  town  of  the  Common- 
wealth to  designate  some  suitable  person  or  persons  as  a 
burial  agent,  who  shall  serve  without  compensation,  and 
shall  be  other  than  the  overseers  of  the  poor  or  those 
employed  by  them,  whose  duty  it  shall  be,  under  regula- 
tions established  by  the  commissioners  of  state  aid,  to 
cause  to  lie  properly  interred  the  body  of  any  honorably 
discharged  soldier,  sailor  or  marine  who  served  in  the 
army  or  navy  of  the  United  States  during  the  war  of  the 
rebellion,  between  the  years  eighteen  hundred  sixty-one 
and  eighteen  hundred  sixty-five,  and  the  wives  and 
widows  of  the  same  in  case  such  soldier,  sailor  or  marine 
or  such  wives   or  widows   die  without  leaving  sufficient 

Proviso.  means   to    defray   funeral  expenses  :  provided,  however, 

that  no  wife  or  widow  of  any  soldier,  sailor  or  marine 
above-described  shall  be  eligible  to  receive  the  benefits 
of  this  act  unless  she  was  married  to  him  prior  to  his 
final  discharge  from  the  service  aforesaid.  Where  an 
interment  has  taken  place  without  the  knowledge  of  the 
burial  agent  application  may  be  made  to  him  within  one 
week  from  the  date  of  death,  and  if  upon  investigation  he 
shall  find  that  the  deceased  was  eligible  under  the  law 
and  the  rules  of  the  commissioners  of  state  aid  to  receive 
the  benefits  of  this  act  he  may  make  return  of  the  same 
in  the  manner  prescribed  for  other  cases. 

Txpenri.et^*^'  Sectiox  2.  The  expense  of  such  burial  shall  not 
exceed  the  sum  of  thirty-five  dollars.  Such  burial  shall 
not  be  made  in  any  cemetery  or  burial  ground  used 
exclusively  for  the  burial  of  the  pauper  dead,  or  in  that 
portion  of  any  burial  ground  so  used.  In  case  relatives 
of  the   deceased  who  are  unable  to  bear  the  expense  of 


Acts,  1896.  — Chap.  280.  223 

])urial  desire  to  conduct  the  funeral,  they  may  be  allowed 
to  do  so,  and  the  expense  shall  be  paid  as  herein  pro- 
vided. AVhen  any  sum  shall  have  been  expended  under  certain  details 
and  according  to  this  act  the  full  amount  so  expended,  commiBsionerB 
the  name  of  the  deceased  soldier,  sailor  or  marine,  the  °  ^'''*®'''  • 
name  of  the  regiment,  company  or  vessel  in  which  he 
served,  the  date  of  death,  place  of  interment,  and  in  case 
of  a  w  ife  or  widow  the  name  of  the  husband  and  date  of 
marriage,  with  such  other  details  as  the  commissioners 
of  state  aid  may  require,  shall  be  certified  under  oath  to 
said  commissioners,  in  such  manner  as  may  be  approved 
by  them,  by  the  burial  agent  and  treasurer  of  the  city  or 
town  expending  the  same,  within  ninety  days  after  the 
Imrial ;  and  said  commissioners  shall  examine  the  certifi- 
cates thus  returned  and  allow  and  endorse  upon  the  same 
such  sums  as  in  their  judgment  have  been  paid  and  re- 
ported according  to  this  act,  and  transmit  the  same  to 
the  auditor.     The  sums  legally  paid  as  aforesaid  and  so  cuies  and  towns 

•  .       .  .to  be  reim- 

allowed  and  endorsed  by  said  commissioners,  but  with  bursed. 
no  expense  for  the  disbursement  of  the  same,  shall  be 
reimbursed  from  the  treasury  of  the  Commonwealth  to 
the  several  cities  and#  towns  which  have  expended  the 
same,  on  or  before  the  first  day  of  December  in  the  year 
next  after  the  year  in  which  the  expenditures  have  Ijeen 
made. 

Section  3.  Chapter  three  hundred  and  ninety-five  Repeal, 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-nine, 
chapter  one  hundred  and  eighty-four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two,  and  chapter  sixty- 
two  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  are  hereby  repealed.  Apjyroved  April  14,  1896. 


Chap.280 


An  Act  relative  to  temporary  loans  by  fire  districts. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     Fire  districts  may  by  ordinary  vote  incur  Fire  districts 
debts  for  temporary  loans  in  anticipation  of  the  taxes  of  ^?^temp"o'rary  * 
the  municipal  year  in  which  such  debts  are  incurred,  and  *"^°^' 
in  anticipation  of  receipts  from  water  rates  due  in  such 
year,  and  expressly  made  payable  from  such  taxes  and 
water  rates  by  vote  of  the  fire  district. 

Section  2.     This  act  shall  take  cfiect  upon  its  i)assage. 

Approved  April  14,  1896. 


224  Acts,  1896.  — Chap.  281. 


CTlClT>.^S\   ^^   ^*^^   RELATIVE   TO   A   WATER   SUPPLY   FOR    FIRE    DISTRICT    NUM- 

15ER  ONE   IN   GREENFIELD. 

Be  it  enacted^  etc.,  as  follows : 
Taking ofiands,      Section  1.     Fire  District  Number  One  in  the  town  of 

water  rignte, 

etc-  Greenfield  may  exercise  the  rights,  powers  and  authority 

given  to  it  by  chapter  three  hundred  and  thirty-five  of  tlie 
acts  of  the  year  eighteen  hundred  and  ninety-five,  entitled 
"An  Act  to  authorize  Fire  District  Number  One  in 
Greenfield  to  increase  its  water  supply",  subject  to  the 
duties,  liabilities  and  restrictions  therein  and  herein  con- 
tained, for  the  purpose  of  taking  lands,  rights  of  way, 
water  rights,  water  sources  or  easements,  parcel  of  or 
appurtenant  to  land  of  the  inhabitants  of  the  town  of 
Greenfield  known  as  the  Town  Farm,  and  situated  in 
said  Greenfield,  at  any  time  within  ninety  days  after  the 
passage  of  this  act,  in  the  same  manner  as,  and  with  the 
same  efiect  as,  if  no  entry  upon  and  occupation  of  said 
lands,  rights  of  way,  water  rights,  water  sources  or  ease- 
ments had  been  heretofore  made  by  said  fire  district. 

DoBcription of         Section  2.     Said  fire  district  ehall,  within  sixty  days 

lancls,  etc.,  ,  ,  .  .  t/  ./ 

to  be  recorded,  alter  the  taking  of  any  lands,  rights  of  way,  water 
sources  or  easements  as  aforesaid,  file  and  cause  to  be 
recorded  in  the  registry  of  deeds  for  the  county  of 
Franklin  a  description  thereof  sufiiciently  accurate  for 
identification,  with  a  statement  of  the  purpose  for  which 
the  same  were  taken,  signed  by  the  chairman  of  the 
prudential  committee  of  said  fire  district. 

Certain  acts  of         Section3.     Froui    and   after    such   time  as   said  fire 

fire  district  con-     -..  ini  n  i  ••  j«i- 

firmed,  etc.  district  shall  liave  taken,  under  the  provisions  or  this 
act,  lands,  rights  of  way,  water  rights,  water  sources  or 
easements,  and  shall  have  filed  and  caused  to  be  recorded 
a  description  thereof  and  statement  as  hereinbefore  pro- 
vided, such  taking  shall  l)e  deemod  to  be,  and  shall  be, 
valid  to  all  intents  and  purposes,  as  if  the  same  had  l)een 
done  in  the  manner  and  within  the  time  prescribed  in 
chapter  three  hundred  and  thirty-five  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five ;  and  for  that 
purpose  and  to  that  extent  all  acts  of  said  fire  district, 
its  officers,  committees  and  agents,  hereinbefore  done 
in  entering  upon  and  occupying- lands,  rights  of  way, 
water  rights,  water  sources  and  easements,  parcel  of 
or  appurtenant  to  land  of  the   inhabitants  of  the  town 


Acts,  1896.  — Chap.  282.  225 

of  Greenfield  known  as  the  Town  Farm,  situated  in  said 
Greenfield,  for  the  purposes  authorized  by  said  chapter 
three  hundred  and  thirty-five  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five,  are  hereby  ratified  and 
confirmed :  provided,  however,  that  this  act  shall  not  be  Proviso. 
construed  so  as  to  deprive  said  inhabitants  of  the  town 
of  Greenfield  or  any  person  of  any  existing  remedy  at 
law,  in  equity,  or  under  said  chapter  three  hundred  and 
thirty-five,  for  damages  sustained  in  consequence  of  acts 
heretofore  done  as  aforesaid  by  said  district,  its  oflicers, 
committees  or  agents. 

Section  4.     Said  fire  district  shall  exercise  the  rights.  Rights,  powers, 
powers   and  authority  given  l)y  this  act,   suljject  to  the 
duties,    liabilities    and   restrictions    herein  contained,  in 
such  manner  and  by  such  agents  and  officers  as  said  dis- 
trict shall  from  time  to  time  determine. 

Section  5.     The  powers  specified  in  this  act  shall  l)e  Additional 
held  to  be  in  addition  to  all  powers  heretofore  granted  to  p"^*^"- 
said  fire  district. 

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

Apinoved  April  14,  1896. 

Ak  Act  relative  to  the  construction  of  a  system  of  sewer-  (JJiaj)  982 

AGE   for  the   town   OF   ARLINGTON. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  vote  of  the  town  of  Arlino-ton,  passed  certain  proceed- 

,         ,,  T  1'    T    1       •         1  •     1  i  T        1  *"^^  °   town  or 

on  the  first  day  oi  July  m  the  year  eighteen  hundred  and  Arlington, etc., 
ninety-five,  adopting  a  system  of  sewerage  for  a  part  of 
the  town,  and  fixing,  at  the  rates  hereinafter  stated,  the 
assessment  or  charge  to  be  paid  by  the  abutters  and  the 
town,  and  the  action  of  the  board  of  sewer  commissioners 
in  taking  lands  for  the  purpose  of  constructing  and  es- 
tablishing said  system,  and  of  laying,  making  and  main- 
taining conimon  sewers,  and  the  vote  of  the  town  passed 
on  the  nineteenth  day  of  September  in  the  year  eighteen 
hundred  and  ninety-five,  accepting  and  allowing  said  tak- 
ings, and  also  the  vote  of  the  town  passed  on  the  four- 
teenth day  of  November  in  the  year  eighteen  hundred 
and  ninety-five,  adopting  a  system  of  sewerage  for  the 
remainder  of  said  town,  are  hereby  ratified  and  confirmed, 
and  said  board  of  sewer  commissioners  are  hereby  au-  May  construct 
thorized  to  construct,  maintain  and  operate  such  systems  ^sT^cT^^^^'' 
of  sewerage  and  sewage  disposal,  and  to  lay,  make  and     . 


226  Acts,  1896.  — Chap.  282. 

maintain  such  common  sewers,  as  said  board  may  from 
time  to  time  deem  necessary  for  the  purpose  of  disposing 
of  its  sewage  through  tlie  metropolitan  sewer,  as  pro- 
vided by  chapter  four  hundred  and  tliirty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  in- 
chiding  sewage  from  the  whole  or  any  part  of  the  town 
of  Lexington,  in  case  said  town  of  Lexington  contracts 
therefor ;  said  board  may  also  construct,  maintain  and 
operate  such  works  as  they  may  deem  necessary  in  con- 
May  lay  main  nectiou  with  Said  systems ;  and  said  board,  for  the  pur- 
rains.ec.  ^q^q  q^  providing  better  surface  or  other  drainage  for 
any  part  or  parts  of  said  town,  guarding  against  pollu- 
tion of  waters,  and  otherwise  protecting  the  public  health, 
may  lay,  make  and  maintain  such  main  drains  as  they 
deem  best,  may  deepen,  widen  and  clear  of  obstructions 
any  ])rook,  stream  or  water  course  within  the  limits  of 
said  town,  and  straighten,  alter  or  divert  the  courses  or 
channels  thereof. 
May  take  lands,  Section  2.  Said  board  of  scwcr  commissioners,  act- 
etc.  '      ing  in  behalf  of  said  town,  shall  have  full  power  to  take 

from  time  to  time,  by  purchase  or  otherwise,  any  lands, 
water  rights,  rights  of  w^ay  or  easements  in  said  town, 
public  or  private,  of  any  persons  or  corporations,  neces- 
sary for  constructing,  maintaining  and  operating  such 
system  or  systems  of  sewerage  and  sewage  disposal,  for 
laying,  making  and  maintaining  common  sewers  and 
main  drains,  or  for  any  of  the  purposes  mentioned  in 
section  one ;  and  may  construct  such  sewers  and  drains 
under  or  over  any  water  course,  bridge,  railroad,  street, 
highway  or  other  way,  in  such  manner  as  not  unneces- 
May  dig  up        sarily  to  obstruct  the  same  ;   and  may  enter  u})on  and  dig 

private  land,  etc.  •        i        i         t        i_         a.  i?j.l  X" 

up  any  private  land,  street  or  way  tor  the  purpose  oi 
constructing  said  systems,  laying  such  sewers  and  drains, 
and  maintaining  and  repairing  the  same  ;  and  may  do  any 
other  thing  necessary  or  proper  in  carrying  out  the  pur- 
poses of  this  act. 
Description  of         SECTION  3.     When  lands,  water  rights,  rights  of  way 

lands,  etc.,  to  be  iii 

recorded.  or  eascments  are  so  taken,  m  any  other  manner  than  by 

purchase  or  agreement,  said  board  of  commissioners  shall 
within  thirty  days  of  said  taking  cause  to  be-  recorded  in 
the  registry  of  deeds  for  the  county  of  Middlesex,  south- 
ern district,  a  description  of  the  same  as  certain  as  is 
required  m  a  conveyance  of  land,  with  a  statement  of 
the  i)urpose  for  which  the  same  are  taken,  signed  by  a 


Acts,  1896.  — Chap.  282.  227 

majority  of  said  board ;  and  the  fee  in  the  lands,  rights 
of  way  or  easements  so  taken  or  purchased  shall  vest  in 
said  town  of  Arlington.  All  damages  which  shall  bo  Damages. 
sustained  by  any  person  or  corporation  by  reason  of 
such  taking,  or  through  any  action  of  said  l)oard  under 
this  act,  shall  be  paid  by  said  town.  If  the  damages  are 
not  agreed  upon  a  jury  in  the  superior  court  of  said 
county  may  be  had  to  determine  the  same,  in  the  same 
manner  as  in  case  of  lands  taken  for  highways  ;  liut  in 
the  case  of  a  taking  no  suit  shall  be  l^rought  aftpr  two 
years  from  the  date  of  the  recording  of  such  taking  as 
herein  required.  All  takings  made  in  substantially  the  Form  for  taking 
following  form  shall  be  valid  :  —  "  The  board  of  sewer  ° 
commissioners  for  the  town  of  Arlington,  in  the  Com- 
monwealth of  Massachusetts,  acting  herein  under  the 
authority  given  by  chapter  of  the  acts  of  the  year 

,  hereby  take  for  and  in  behalf  of  said  town,  and 
for  the  purpose  of  (constructing  and  operating  a  system 
of  sewers  and  sewage  disposal)  or  of  (laying,  making  and 
maintaining  a  main  drain  or  a  common  sewer)  or  of  (here 
state  any  of  the  purposes  for  which  takings  may  be  made) 
a  certain  parcel  of  land  situated  in  said  Arling- 
ton, bounded  as  follows  (here  give  the  description  with 
as  much  accuracy  as  is  needed  in  an  ordinary  conveyance 
of  land)  said  premises  being  owned  or  supposed  to  be 
owned  by  of  in  the  state  of  ;    also 

the  following  described  rights  of  way  or  ease- 
ments in  said  town  (here  descril)e  the  rights  or  easements 
taken,  and  also  describe  sufficiently  for  their  identilication 
the  premises  over  or  through  which  said  rights  or  ease- 
ments are  taken,  and  state  the  ownership  or  supposed 
ownership  of  said  premises)." 

Section  4.  In  every  case  of  a  petition  for  the  assess-  Town  may  offer 
ment  of  damages  or  for  a  jury  said  town  of  Arlington  L^daraagee^Tc. 
may  at  any  time  file  an  offer  in  writing,  with  the  other 
papers  in  the  case,  to  pay  the  petitioner  a  sum  therein 
specified  as  damages ;  and  if  he  does  not  accept  the  same 
within  ten  days  after  notice  of  such  offer,  and  does  not 
finally  recover  a  greater  sum  than  that  offered,  not  in- 
cluding interest  from  the  date  of  the  ofler  on  the  sum  so 
recovered,  the  town  shall  recover  costs  from  said  date ; 
and  if  the  petitioner  does  not  recover  damages  in  a 
greater  sum  than  that  allowed  as  aforesaid  he  shall  be 
entitled  to  costs  only  to  the  date  of  the  offer. 


228 


Acts,  1896.  — Chap.  282. 


Apportionment 
of  expense,  etc. 


Payment,  etc., 
of  asaessmenta. 


Section  5.  The  owners  of  estates  benefited  and  abut- 
ting on  streets  or  ways,  public  or  private,  in  which  sewers 
have  been  laid  or  shall  hereafter  Ije  laid,  under  said  votes 
or  under  the  provisions  of  this  act,  shall  pay  to  said  town 
towards  defraying  the  cost  of  such  sewers,  systems  of 
sewerage  and  scAvage  disposal  an  assessment  or  charge 
as  follows  :  Twenty-eight  cents  per  running  foot  frontage 
on  the  street  or  way  on  which  a  sewer  is  constructed, 
and  fifty-two  one  hundredths  of  a  cent  per  square  foot 
area  within  a  depth  of  one  hundred  feet  from  the  line 
of  such  street  or  way,  the  area  of  corner  lots  l)eing 
measured  to  the  line  bisecting  the  angle  formed  Ijy  the 
streets  ;  but  no  estate  shall  be  deemed  benefited  unless 
or  until  a  sewer  is  constructed  into  which  it  can  be 
drained.  The  remainder  of  the  cost  of  said  system  or 
systems  shall  be  borne  by  the  town.  No  particular  or 
other  sewer  from  any  estate  or  part  of  an  estate,  not 
already  assessed  or  not  liable  to  assessment  or  charge,  as 
provided  above,  shall  be  entered  into  a  common  sewer, 
except  upon  the  payment  of  such  an  assessment  or  charge, 
and  upon  such  other  terms  and  conditions  as  the  board  of 
sewer  commissioners  shall  fix  and  determine. 

Section  6.  Upon  the  completion  of  a  sewer  in  any 
street  or  way,  or  portion  of  a  street  or  way,  pul)lic  or 
private,  included  within  any  systems  now  constructed  or 
hereafter  to  be  constructed,  and  when  the  same  is  ready 
for  use,  the  board  of  sewer  commissioners  may  file  a 
certificate  with  the  town  treasurer,  designating  the  street 
or  way,  or  portion  of  the  street  or  way,  in  which  the 
sewer  has  been  completed,  and  setting  forth  the  names 
of  the  owners  of  the  estates  abutting  and  benefited,  and 
the  amount  of  assessment  or  charge  to  be  paid  by  each, 
and  referring  to  a  plan  on  file  in  the  town  clerk's  office, 
or  in  such  other  office  as  the  board  shall  determine,  which 
plan  shall  show  the  frontage,  the  area  assessed,  the  name 
of  the  owner  and  the  amount  of  the  assessment  of  each 
estate  abutting  and  lienefited  on  said  street  or  way ;  and 
the  treasurer  shall  forthwith,  upon  the  receipt  of  such 
certificate,  make  a  demand  in  writing  for  the  payment  of 
said  assessments  or  charges,  and  every  such  owner  shall 
within  three  months  after  such  demand  is  served  on  him 
or  on  the  occupants  of  his  estate,  or  sent  by  mail  to  the 
last  address  of  said  owner  known  to  the  town  treas- 
urer, pay  the  sum  so  assessed  or  charged,  to  the  town 


Acts,  1896.  — Chap.  282.  229 

treasurer :  provided,  that  said  board  shall,  on  the  written  Provieos. 
request  of  any  such  owner  made  within  said  three  months, 
apportion  such  assessment  or  charge  into  such  number 
of  equal  parts  or  instalments,  not  exceeding-  ten,  as  said 
owner  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  h& 
added  by  the  assessors  to  the  annual  tax  on  such  estates 
for  each  year  next  ensuing,  until  all  said  parts  have  been 
so  added,  unless  sooner  paid,  as  hereinafter  provided ; 
and  provided,  further,  that  nothing  herein  contained  shall 
l)e  construed  to  prevent  the  payment  at  any  time  in  one 
payment,  notwithstanding  its  prior  apportionment,  of 
any  balance  of  said  assessments  or  charges  then  remain- 
ing unpaid ;  Init  interest  on  such  l)alance  at  the  rate  of 
live  per  cent,  per  annum  shall  be  paid  to  the  date  of  such 
payment ;  and  thereupon  the  town  treasurer  shall  receive 
the  same  and  shall  certify  such  payment  or  payments  to 
the  assessors,  who  shall  preserve  a  record  thereof. 

Section  7.  The  assessment  or  charge  under  section  AsBesBraent  to 
live  shall  constitute  a  lien  upon  the  estate,  which  shall  upon'eBtate/'e^t". 
continue  for  three  years  after  said  certificate  is  made  and 
filed  and  demand  is  served  as  above-provided,  or,  in  case 
of  apportionment,  until  the  expiration  of  two  years  from 
the  time  the  last  instalment  is  committed  to  the  collector ; 
and  said  assessment,  together  with  interest  at  the  rate  of 
five  per  cent,  per  annum,  may,  with  incidental  costs  and 
expenses,  be  levied  by  sale  of  such  estate  or  so  much 
thereof  as  shall  be  suflicient  to  discharge  the  assessment 
and  interest  and  intervening  charges  ;  if  the  assessment 
is  not  paid  within  three  months  after  service  of  said 
notice,  or,  if  apportioned,  within  three  months  after 
any  part  has  become  due,  such  sale  and  all  proceedings 
connected  therewith  shall  be  conducted  in  the  same 
manner  as  sales  for  the  non-payment  of  taxes ;  and  real 
estate  so  sold  may  be  redeemed  the  same  as  if  sold 
for  the  non-payment  of  taxes,  and  in  the  same  manner,  May  be  collected 
such  assessment  or  parts  thereof  may  also  lie  collected  contract"""  °^ 
by  an  action  of  contract,  in  the  name  of  the  town  of 
Arlington,  against  the  owner  of  said  estate,  brought  at 
any  time  within  three  years  after  the  same  has  become 
due. 


230  Acts,  1896.  — Chap.  282. 

flgrCevld  may  SECTION  8.  Aiij  persoii  aggrieved  by  such  assessment 
apply  for  a  Diaj,  at  any  time  witiiin  three  months  after  service  of  the 
demand  mentioned  in  section  six  of  this  act,  apply  to 
the  superior  court  of  said  county  for  a  jury  to  revise 
the  same ;  but  liefore  making  such  application  he  shall 
give  fourteen  days'  notice  in  writing  of  his  intention  so 
to  do  to  the  said  commissioners,  and  shall  therein  par- 
ticularly specify  his  objection  to  the  assessment,  to  which 
specification  he  shall  be  confined  before  the  jury, 
Arlington  •  SECTION  9.     The  tow^u  of  Arlington,   for  the  purpose 

Sewerage  Loan      ^  .  ^,  it    i-i-x-  •  i 

oi  paying  the  necessary  expenses  and  liabilities  incurred 
under  this  act  for  the  construction,  maintenance  and 
operation  of  a  system  or  systems  of  sewerage  and  sewer 
disposal  and  of  other  works  in  connection  therewith,  may 
incur  indel)tedness,  and  may  issue  from  time  to  time,  as 
may  be  required  therefor,  bonds,  notes  or  scrip  to  an 
amount  not  exceeding  one  hundred  thousand  dollars  out- 
side the  limit  of  indebtedness  fixed  l)y  law  for  said  town ; 
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  hy  this  act.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Arlington  Sewerage  Loan,  shall  be  payable  within  such 
periods,  not  exceeding  forty  years  from  the  issuing  of 
such  l)onds,  notes  or  scrip,  respectively,  and  bear  inter- 
est payable  semi-annually  at  such  rate,  not  exceeding 
five  per  cent,  per  annum,  as  the  board  of  selectmen  of 
said  town  may  determine.  The  town  of  Arlington  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  purposes  of  this  act,  provided  that  they 
shall  not  he  sold  or  pledged  for  less  than  the  par  value 
thereof;  and  said  town  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  commissioners  and  be  placed  in  the  sinking  fund  of 
said  town  of  Arlington  created  for  the  payment  of  the 
loan  herein  authorized. 
k.an'"etc'°^  SECTION  10.     The    Tcccipts    fi'om    assessments,    pa}^- 

ments  in  lieu  thereof,  and  all  other  receipts  under  this 


Acts,  1896.  — Chap.  282.  231 

act,  shall  be  applied  by  the  board  of  sewer  commissioners  Payment  of 
to  the  construction,  maintenance  and  operation  of  said 
system  or  systems  of  sewerage  and  sewage  disposal, 
except  that  said  lioard  may  apply  any  portion  of  such 
receipts  to  the  payment  of  interest  upon  the  bonds,  notes 
or  scrip  issued  under  the  authority  of  this  act,  or  into 
the  sinking  fund  which  may  he  established  for  the  pay- 
ment and  redemption  of  said  bonds,  notes  and  scrip,  as 
provided  in  section  nine  of  chapter  twenty-nine  of  the 
Pul)lic  Statutes,  or  to  reimburse  the  town  for  payments 
made  by  it  for  the  construction,  maintenance  and  opera- 
tion of  said  metropolitan  sewer.  All  further  sums  neces- 
sary in  any  year  to  pay  the  interest  on  said  bonds,  notes 
and  scrip,  and  to  meet  the  requirements  of  law  as  to  said 
sinking  fund,  shall  be  raised  by  said  town  by  taxation,  in 
the  same  manner  as  money  is  apin-opriated  and  assessed 
for  other  town  purposes.  Said  sinking  fund  shall  be  used 
for  no  other  purposes  than  the  payment  and  redemption 
of  said  debt.  Except  as  herein  otherwise  provided  the  p.  s.  29,  etc.,  to 
provisions  of  chapter  twenty-nine  of  the  Public  Statutes  *^^  ^' 
and  chapter  one  hundred  and  twenty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  eighty-four,  so  for  as 
applicable,  shall  apply  to  the  issue  of  l)onds,  notes  and 
scrip,  and  to  the  establishment  of  a  sinking  fund  for  the 
payment  thereof  at  maturity.  The  sinking  funds  of  any 
loan  of  said  town  of  Arlington  may  1)e  invested  in  said 
bonds,  notes  or  scrip. 

Section  11.  Said  board  of  commissioners  may  from  Rules,  regu- 
time  to  time  prescribe  rules  and  regulations  for  the  in-  penalties. 
spection  of  materials,  construction,  altei"ation  or  use  of 
all  particular  sewers  entering  into  common  sewers,  and 
may  impose  penalties,  not  exceeding  twenty  dollars,  for 
each  violation  of  any  such  rule  or  regulation.  Such  rules 
or  regulations  shall  be  published  not  less  than  once  a 
week  for  three  successive  weeks  in  such  newspaper  pub- 
lished in  the  county  of  Middlesex  as  the  board  of  sewer 
commissioners  shall  order,  and  shall  not  take  effect  until 
such  publication  has  been  made. 

Section  12.     The  town  of  Arlington  may  contract  with  May  contract 
the  town  of  Lexington  for  the  use  of  the  sewers  of  the  fl,r  use^'of"^'"" 
town  of  Arlington  as  an  outlet  for  the  sewage  from  the  ^''''"'"'  *""• 
whole  or  any  part  of  the  town  of  Lexington  into  the  met- 
ropolitan sewer  ;  and  if  said  towns  cannot  agree  as  to  the 
compensation  to  be  paid  for  the  use  of  said  sewers  by  the 


232  Acts,  1896.  — Chap.  283. 

town  of  Lexington  in  case  of  such  use,  said  towns  shall 
su])mit  tlie  question  of  the  amount  of  such  compensation 
to  arbitration. 
SdOTs°o^fTaw         Section  13.     All  the  provisions  of  chapter  fifty  of  the 
to  apply.  Public  Statutes  and  of  acts  in  amendment  thereof  or  in 

addition  thereto,  pertaining  to  sewers  and  drains,  also  of 
chapter  two  hundred  and  forty-five  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-two,  so  far  as  the 
same  are  not  inconsistent  with  this  act,  shall  apply  to 
the  town  of  Arlington,  in  carrying  out  the  provisions  of 
this  act. 

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

Api^'TOved  April  14,  1896. 


ChaV'^SS  ^^  ■^^'^  ^^   AMEND   THE   CHARTER   OF   THE   CITY   OF   LOWELL. 

Be  it  enacted,  etc.,  asfoJlotos: 

fo"H°in°b^ard       Section    1.     All  the  powers  vested  by  existing  laws 
of  police.  ii^  the  mayor  and  aldermen  or  board  of  aldermen  of  the 

city  of  Lowell,  in  relation  to  licensing,  regulating  and 
restraining  theatrical  exhil)itions,  pulilic  shows  and  pul)lic 
amusements,  billiard  tables,  bowling  alleys,  auctioneers, 
hawkers  and  peddlers,  carriages,  wagons  and  other  vehi- 
cles, intelligence  offices,  itinerant  musicians,  pawnbrokers, 
dealers  in  secondhand  articles  and  junk   collectors   and 
dealers,  and  generally  all  the  powers  and  authority  of 
said  mayor  and  aldermen  and  said  board  of  aldermen  in 
relation  to  the  granting  and  revocation   of  licenses   for 
engaging  in  any  and  all  of  the  above-mentioned  trades 
and  occupations  shall  hereafter  vest  in  and  be  exercised 
by  the  board  of  police  of  said  city  of  Lowell. 
Force  and  effect       Section  2.     All  liccnscs  granted  in  pursuance  of  sec- 
granted  by         tion  one  of  this  act  by  the  board  of  police  of  the  city  of 
poice.  L^^gij  gjjall  have  the   same  force  and  effect  as  similar 
licenses  heretofore  granted  by  the  mayor  and  aldermen 
or  board  of  aldermen  of  said  city. 
Granting  of  Section    3.     All  liccnscs   granted  by  said  board    of 

licenses,  etc.  •  X         •  i    i  i  i 

police  shall  be  signed  by  a  majority  of  said  board,  and 
a  record  thereof  shall  be  kept  by  said  ])oard,  and  all 
duties  in  relation  to  said  licenses  which  by  the  laws  in 
force  prior  to  the  passage  of  this  act  are  required  to  be 
jierformed  by  the  city  clerk  of  said  city  shall  be  per- 
formed ])y  the  clerk  of  said  board. 


Acts,  1896.  — Chaps.  284,  285.  233 

Section  4.     All  fees  received  by  said  board  for  licenses  Fees. 
granted  under  the  provisions  of  this  act  shall  be  turned 
over  to  the  treasurer  of  said  city  monthly. 

Section  5.      Nothing  herein  contained  shall  be   con-  Certain  licenaes 
strued  to  revoke  any  license  heretofore  granted  l)y  the  force. 
mayor  and  aldermen  or  board  of  aldermen  of  said  city 
under  the  provisions   of  any  law  in  force   prior  to  the 
passage  of  this  act. 

Section  6.     All  acts  and   parts  of  acts    inconsistent  Repeal, 
herewith  are  hereby  repealed. 

Approved  April  14,  1896. 

An  Act  relative  to  excavations,  fillings  and  constructions  QJift^  284 
in  tide  waters  for  the  purposes  of  the  public  parks  of  " 

the  city  of  boston. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     All  excavations,  fillings  and  structures  in  Excavations, 
the  tide  waters  of  the  Commonwealth,  to  be  made  by  the  water". 'by*'city 
city  of  Boston  for  the  purposes  of  its  public  parks,  and  "^^o^^^"- 
heretofore    approved  hy  the   board  of  harbor  and  land 
commissioners,  may  be  continued  and  carried  out  to  the 
extent  of  such  approval,  whether  the  time  within  which 
they  should  have  been  completed  has  or  has  not  expired. 

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

Approved  April  14,  1896. 


Chap.285 


An  Act  relative  to  the  forfeiture  of  shares  in  co-opera- 
tive  banks. 

Be  it  enacted,  etc.,  as  folloics : 

Section    1.     Section   fifteen  of  chapter  one  hundred  p-s-"V§  ^^• 

^  ^  amended. 

and  seventeen  of  the  Public  Statutes  is  hereby  amended 
by  striking  out  in  the  ninth  line,  the  words  "the  first 
default  ",  and  inserting  in  place  thereof  the  word  :  —  for- 
feiture, —  also  l\y  striking  out  at  the  end  of  the  section 
the  words  "  first  default",  and  inserting  in  place  thereof 
the  word  :  —  forfeiture,  —  so  as  to  read  as  follows  :  — 
/Section  15.     Members  who  make  default  in  the  payment  Fines  and  for- 

C    ±A      •  .11  -I  .     .  -,  •  Till        /eiture  of  shares 

oi  tneir  monthly  dues,  interest,  and  premiums,  shall  be  in  co-operative 

charged  a  fine  not  exceeding  two  per  cent,  a  month  on 

each  dollar  in  arrears.      Xo  fines  shall  he  charged  after 

the  expiration  of  six  months  from  the  first  lapse  in  any 

such  payment,  nor  upon  a  fine  in  arrears.     The  shares 

of  a  member  who   continues   in  arrears  more  than  six 


234  Acts,  1896.  — Chaps.  286,  287. 

Fines  and  for-  moiitlis  sliall,  at  the  optioii  of  the  directors,  if  the  mem- 
in'oo^operLrve*  bcr  fails  to  pay  the  arrears  within  thirty  days  after  notice, 
banks.  i^g  declared  forfeited,  and  the  withdrawing  vakie   of  the 

shares  at  the  time  of  forfeiture  shall  be  ascertained,  and, 
after  deducting  all  tines  and  other  legal  charges,  the 
balance  remaining  shall  be  transferred  to  an  account  to 
be  designated  the  "Forfeited  Share  Account"  to  the 
credit  of  the  defaulting  member.  Said  member,  if  not 
a  borrower,  shall  be  entitled  upon  thirty  days'  notice  to 
receive  the  balance  so  transferred  without  interest  from 
the  time  of  the  transfer,  in  the  order  of  his  turn,  out  of 
the  funds  appropriated  to  the  payment  of  withdrawals. 
All  shares  so  forfeited  or  transferred  shall  cease  to  par- 
ticipate in  any  profits  of  the  corporation  accruing  after 
the  last  adjustment  and  valuation  of  shares  before  said 
forfeiture. 

To  take  effect  Section  2.  This  act  shall  take  eflfect  Juuc  first,  eight- 
June  1,  1896.  1  1        1  1       ■  •  '       d 

een  hundred  and  nmety-six.       Approved  April  14,  1896. 

Chan.28G  -^^   ■^^'^   relative   to   the   TRANSACTfON   OF   THE   BUSINESS   OF    CO- 
OPERATIVE   BANKING   BY   FOREIGN   CORPORATIONS. 

Be  it  enacted,  etc.,  as  foUoivs  : 

repealed'  ^  ^'  Section  1 .      Scction  two  of  chapter  three  hundred  and 

ten  of  the  acts  of  the  year  eighteen  hundred  and   ninety 

Proviso.  jg  hereby  repealed :  provided,  however,  that  any  associa- 

tion or  corporation  which  at  the  passage  of  this  act  is 
duly  licensed  l)y  the  board  of  commissioners  of  savings 
banks  to  transact  business  in  this  Commonwealth,  under 
the  provisions  of  said  section,  may  be  allowed  to  continue 
business,  subject  to  all  the  conditions  and  restrictions  of 
such  license  and  the  provisions  of  said  chapter  three  hun- 
dred and  ten  as  existing  previous  to  the  passage  of  this 
act. 

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

Approved  April  14,  1896. 

ChaV.^Sl  -^^  Act  to  AUTHORIZE  THE  TOWN  OF  HYDE  PARK  TO  CONSTRUCT 
A  SYSTEM  OF  SEWERAGE  AND  TO  PROVIDE  FOR  THE  PAYMENT 
THEREFOR. 

Be  it  enacted,  etc.,  as  follows : 
May  construct.        Section  1.     The  towu  of  Hvde  Park  is  hereby  author- 

etc.,  a  system  of   ^  ^\       _  i' 

sewerage,  etc.     izcd,  through  a  l)oard  of  commissioners  to  be  elected  as 
hereinafter  provided,  to  lay  out,  construct,  maintain  and 


Acts,  1896.  — Chap.  287.  235 

operate  a  system  or  systems  of  main  drains  and  common 
sewers  for  a  part  or  for  the  whole  of  its  territory,  and 
such  connections  and  other  works  as  may  l)e  required  for 
a  system  of  sewage  disposal  for  said  town,  to  be  con- 
structed, maintained  and  operated  in  connection  with  the 
main  sewers  and  other  works  required  to  be  constructed, 
maintained  and  operated  as  provided  by  clia})ter  four  hun- 
dred and  six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-iive,  or  in  connection  with  the  sewerage  system 
of  the  city  of  Boston  as  hereinafter  specitied  and  pro- 
vided;  and  said  board,  for  the  purpose  of  providing  May  lay  main 
better  surface  or  other  drainage  for  any  part  or  parts  of  '^^*°*' 
said  town,  guarding  against  pollution  of  waters,  and 
otherwise  protecting  the  public  health,  may  lay,  make 
and  maintain  such  main  drains  as  they  deem  best,  may 
deepen,  widen  and  clear  of  obstructions  any  l)rook, 
stream  or  water  course  within  the  limits  of  said  town, 
and  straighten,  alter  or  divert  the  courses  or  channels 
thereof. 

Section  2.     Said  board  shall  consist  of  three  commis-  Sewer  commis- 
sioners, to  be  called  the  Board  of  Sewer  Commissioners  tion,  terms,  etc. 
of  the  Town  of  Hyde  Park,  who  shall   l)e   citizens   and 
residents  in  said  town  and  shall  be  elected  by  ballot  at 
a  special  meeting  or  at  an  annual  meeting  of  said  town, 
one  commissioner  to  hold  office  for  one  year,  one  for  two 
years  and  one  for  three  years,  respectively,  from  the  date 
of  the  annual  town  meeting  next  succeeding  the  date  of 
his  election  or  until  his  successor  is  elected  and  qualitied  ; 
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  and  qualitied.     If  vacancy. 
a  vacancy  shall  occur  in  said  board  said  town  may,  at  a 
meeting  called  for  the  purpose,  elect  a  person  duly  quali- 
tied to  fill  said  vacancy. 

Section  3.      Said  board  of  commissioners,  acting  for  May  take  lands, 
and  in  behalf  of  said  town,  shall  have  full  power  to  take  ^^^J^'^'' "^'''''• 
by  purchase  or  otherwise  any  lands,  w^ater  rights,  rights 
of  way  or  easements  in  said  town,  public  or  private,  of 
any  persons  or  corporations,  necessary  for  the  estal^lish- 
ment  of  such  systems   of  main   drains   and  sewers  and 
sewage  disposal,  or  for  any  of  the  purposes  mentioned 
in  section  one  of  this  act,  and  may  divert  streams  and  ^r/a^raig  up 
water  courses,  and  may  construct  such  main  drains  and  private  iand, 

J  -^  etc. 

sewers  under  or  over  any  water  course,  bridge,  railroad, 


236 


Acts,  1896.  — Chap.  287. 


DeBcription  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


Town  may  offer 
a  specified  sum, 
etc. 


Apportionment 
of  expense, 
payment  of 
assessments, 
etc. 


highway,  boulevard  or  other  way,  and  may  enter  upon 
and  dig  up  any  private  land,  street  or  way,  for  the  pur- 
pose of  laying  such  main  drains  and  sewers  beneath  the 
surface  thereof,  and  of  maintaining  and  repairing  the 
same,  and  may  do  any  other  thing  necessary  or  proper 
for  the  purposes  of  this  act. 

Section  4.  Said  board,  in  order  to  take  any  lands  in 
fee,  water  rights,  rights  of  way  or  easements  otherwise 
than  by  purchase  or  agreement,  shall  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  of  Norfolk  a  state- 
ment signed  by  a  majority  of  said  board,  containing  a 
description  thereof,  as  certain  as  is  required  in  a  con- 
veyance of  land,  and  specifying  therein  that  the  same 
are  taken  under  the  authority  of  this  act ;  and  upon  such 
recording  the  title  in  the  lands,  water  rights,  rights  of 
way  or  easements  described  in  such  statement  shall  vest 
in  said  town  of  Hyde  Park,  which  shall  pay  all  damages 
therefor.  Said  board  at  the  time  of  such  taking  shall 
notify  the  owners  thereof  in  writing  and  may  agree  with 
the  person  or  corporation  injured  upon  the  damages  sus- 
tained by  any  such  person  or  corporation,  for  any  taking 
of  property  or  rights  for  the  purposes  aforesaid,  and  if 
the  damages  are  not  agreed  upon  a  jury  in  the  superior 
court  for  said  county  may  be  had,  upon  petition  of  the 
aggrieved  party,  to  determine  the  same,  in  the  manner 
provided  by  law  for  determining  the  damages  to  be  paid 
for  land  taken  for  highways  ;  but  no  suit  or  petition  shall 
be  brought  after  two  years  from  the  date  of  the  recording 
of  the  taking  as  herein  provided. 

Section  5.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages  or  for  a  jury  said  town  may  at  any  time 
file  in  the  ofiice  of  the  clerk  of  said  court  an  offer  in  writ- 
ing to  pay  the  petitioner  a  sum  therein  specified  as  dam- 
ages ;  and  if  said  petitioner  does  not  accept  the  same 
within  ten  days  after  notice  of  such  offer,  and  does  not 
finally  recover  a  sum  greater  than  that  offered,  not  in- 
cluding interest  from  the  date  of  offer  on  the  sum  so 
recovered,  the  town  shall  recover  costs  from  the  date  of 
said  notice,  and  the  petitioner  if  he  recover  damages  shall 
l)e  entitled  to  costs  only  to  said  date. 

Section  6.  The  town  of  Hyde  Park  shall  by  vote 
determine  what  proportion  of  the  cost  of  said  system  or 
systems  of  sewerage  and  sewage  disposal  said  town  shall 
pay,  provided  that  it  shall  not  pay  less  than  one  third  nor 


Acts,  1896.  — Chap.  287.  237 

more  than  one  half  of  the  whole  cost.  The  remainino;  Apportionment 
cost  of  said  systems  shall  be  borne  by  the  owners  of  paym^nt^of 
estates  situated  within  the  territory  eml)raced  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.  The  owners  of  such  estates  shall  be 
assessed  by  said  commissioners  their  proportional  parts 
respectively  of  such  portion  of  the  total  cost  of  said 
systems  as  is  not  borne  by  the  town  as  al)ove-provided. 
Such  proportional  parts  shall  be  based  upon  the  estimated 
average  cost  of  all  the  sewers  composing  said  systems 
and  shall  l)e  assessed  by  a  fixed  uniform  rate  according 
to  the  frontage  of  such  estate  on  any  street  or  way  in 
which  a  sewer  is  constructed,  or  according  to  the  area 
of  such  estate  within  a  fixed  depth  from  such  street  or 
way,  or  according  to  ])oth  frontage  and  area ;  and  every 
such  owner  shall,  within  three  months  after  written  notice 
of  such  assessment  served  on  him  or  on  the  occupants  of 
his  estate,  or  sent  by  mail  to  the  last  address  of  said  owner 
known  to  said  commissioners,  pay  the  sum  so  assessed  to 
the  collector  of  taxes  of  said  town  :  provided^  that  said  Proviaos. 
board  shall,  on  the  written  request  of  any  such  owner 
made  within  said  three  months,  apportion  such  assess- 
ment into  such  number  of  ec^ual  parts  or  instalments,  not 
exceeding  five,  as  said  owner  shall  state  in  such  request ; 
and  said  board  shall  certify  such  apportionment  to  the 
assessors  of  said  town,  and  one  of  said  parts  or  instal- 
ments, with  interest  from  the  date  of  said  apportionment 
at  the  rate  of  six  per  centum  per  annum  shall  be  added 
l^y  the  assessors  to  the  annual  tax  on  such  estates  for  each 
year  next  ensuing  until  all  said  parts  have  been  so  added, 
unless  sooner  paid  as  hereinafter  provided  ;  and^roy^VZecZ, 
further^  that  nothing  herein  contained  shall  be  construed 
to  prevent  the  payment  at  any  time  in  one  payment,  not- 
withstanding its  prior  apportionment,  of  any  balance  of 
said  assessments  then  remaining  unpaid,  but  interest  on 
such  balance  at  the  rate  of  six  per  centum  per  annum 
shall  be  paid  to  the  date  of  such  payment ;  and  thereupon 
the  collector  of  taxes  of  said  town  shall  receive  the  same 
and  shall  certify  such  payment  or  payments  to  the  as- 
sessors, 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. 


238  Acts,  1896.  — Chap.  287. 

ABseBementto         SECTION    7.     All    assessHieiit   made  under  section  six 

constitute  a  hen  ,  i   •    i         i      11 

upon  estate.  shall  Constitute  a  lien  upon  the  estate,  which  shall  con- 
tinue 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  instal- 
ment is  committed  to  the  said  collector  of  taxes ;  and 
said  assessment,  if  not  paid  within  three  months  after 
service  of  said  notice,  or,  if  apportioned,  within  three 
months  after  any  part  has  become  due,  may,  together 
with  interest  thereon  at  the  rate  of  six  per  centum  per 
annum,  with  incidental  costs  and  expenses,  be  levied  by 
sale  of  such  estate  or  so  much  thereof  as  shall  be  suffi- 
cient to  discharge  the  assessment  and  interest  and  inter- 
vening charges  ;  such  sale  and  all  proceedings  connected 
therewith  shall  be  conducted  in  the  same  manner  as  sales 
for  the  non-payment  of  taxes ;  and  real  estate  so  sold 
may  be  redeemed  the  same  as  if  sold  for  the  non-pay- 
May  be  collected  ment  of  taxes,  and  in  the  same  manner.  Such  assess- 
contracu'""  "  uicut  or  pai'ts  thcrcof  may  also  be  collected  by  an  action 
of  contract,  in  the  name  of  the  town  of  Hyde  Park, 
against  the  owner  of  said  estate,  brought  at  any  time 
within  three  years  after  the  same  has  become  due. 
Persona  SectionS.     Ally  pcrsoii  aggrieved  by  sucli  asscssmcut 

apply  for  a'^ury.  may,  at  aiiy  time  within  three  months  after  service  of 
the  notice  mentioned  in  section  six  of  this  act,  apply  to 
the  superior  court  of  said  county  for  a  jury  to  revise  the 
same ;  but  before  making  such  application  he  shall  give 
fourteen  days'  notice  in  writing  of  his  intention  so  to  do, 
to  the  said  commissioners,  and  shall  therein  particularly 
specify  his  objection  to  the  assessment,  to  which  specifi- 
cation he  shall  be  confined  before  the  jury. 
Hyde  Park  Section9.     The  towu  of  Hyde  Park,  for  the  purpose 

Sewerage  Loan.  .'  t    i  •i-    •  •  -i 

of  paying  the  necessary  expenses  and  liabilities  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  one  hundred 
and  fifty  thousand  dollars  ;  and  the  debt  and  loan  author- 
ized l)y  this  act,  and  the  notes,  bonds  or  scrip  issued 
therefor,  shall  not  be  considered  or  reckoned  in  deter- 
mining the  authorized  limit  of  indel)tedness  of  said  town 
under  the  provisions  of  section  four  of  chapter  twenty- 
nine  of  the  Public  Statutes  and  of  acts  in  amendment 
thereof  or  in  addition  thereto.  Such  l)onds,  notes  or 
scrip  shall  bear  on  their  face  the    words,   Hyde   Park 


Acts,  1896.  — Chap.  287.  239 

Sewerao-e    Loan,    shall    be    payable    within    periods    not  Hyde  Park 

»  '  ^  XI  •  •  £■  i      ^  1        Sewerage  Loan. 

exceeding  forty  years  irom  the  issunig  oi  such  bonds, 
notes  or  scrip  respectively,  and  shall  bear  interest  pay- 
able semi-annually  at  a  rate  not  exceeding  five  per  centum 
per  annum.  Said  bonds,  notes  or  scrip  shall  be  signed 
by  the  treasurer  of  said  town  and  shall  be  countersigned 
by  a  majority  of  the  selectmen.  The  said  town  may  from 
time  to  time  sell  such  securities,  or  any  part  thereof,  at 
public  or  private  sale,  or  pledge  the  same  for  money 
1)orrowed  for  the  purposes  of  this  act,  provided  that  they 
shall  not  be  sold  or  pledged  for  less  than  the  par  value 
thereof;  the  proceeds  thereof  shall  be  retained  in  the 
treasury,  and  the  treasurer  shall  pay  therefrom  the  ex- 
penses incurred  for  the  purposes  aforesaid,  upon  the 
order  of  said  board  of  commissioners. 

Section  10.     Instead  of  establishino;  a  sinking  fund  ^^y  170^'de  for 

~      ,    .  p      -,  annual  pay- 

the  said  town  may  at  the  time  of  authorizing  said  loan  mema  on  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,  less  the  amount  that  may  be  appro- 
priated therefor  as  provided  in  the  following  section, 
shall  without  further  vote  ho  assessed  by  the  assessors  of 
said  town  in  each  year  thereafter,  until  the  debt  incurred 
by  said  town  shall  be  extinguished,  in  the  same  manner 
as  other  taxes  are  assessed  under  the  provisions  of 
section  thirty-four  of  chapter  eleven  of  the  Public  Stat- 
utes. 

Section  11.  The  receipts  from  assessments,  and  pay-  Payment  of 
nients  made  in  lieu  thereof  under  this  act,  shall  be  applied  ^^p*^"**^^' 
to  the  payment  of  the  charges  and  expenses  for  and  inci- 
dent to  the  maintenance  and  operation  of  said  systems  of 
sewerage,  and  for  the  payment  of  the  further  extension 
of  the  said  system  or  systems,  except  that  said  town  may 
apply  any  portion  of  such  receipts  to  the  payment  of  the 
interest  upon  said  bonds,  notes  or  scrip  issued  under 
authority  of  this  act  not  otherwise  provided  for,  or  to  the 
payment  or  redemption  of  said  bonds,  notes  or  scrip,  as 
the  said  town  shall  by  vote  determine,  and  shall  be  used 
for  no  other  purpose.  If  said  receipts  shall  not  be 
sufiicient  for  said  purposes  in  any  year  then  in  such  case 
said  town  shall  raise  forthwith  by  taxation,  in  the  same 
manner  as  money  is  raised  and  appropriated  for  other 
town  purposes,  the  balance  required  therefor. 


240 


Acts,  1896.  — Chap.  287. 


Superintendent 
and  clerk,  ap- 
pointment, etc. 


Rules,  regula- 
tions and 
penalties. 


May  enter  into 
an  agreement 
■with  Boston 
for  disposal  of 
certain  sew- 
age, etc. 


P.  S.  50,  etc.,  to 
apply. 


Section  12.  Said  lioard  of  commissioners  shall  annu- 
ally appoint  a  clerk,  and  may  appoint  a  superintendent 
of  sewers,  neither  of  whom  shall  be  one  of  their  own 
number,  and  may  remove  said  clerk  or  superintendent  at 
their  pleasure.  The  compensation  of  said  clerk  and 
sui)erintendent  and  of  said  commissioners  shall  be  fixed 
by  said  town. 

Sectio;?^  13.  All  contracts  made  by  said  board  of 
commissioners  for  the  purposes  of  this  act  shall  be  the 
contracts  of  said  town,  and  shall  be  signed  by  said  board  ; 
but  no  contracts  shall  be  made  or  obligations  incurred  by 
said  commissioners  for  the  laying  out  and  construction 
of  said  systems  of  sewerage  in  excess  of  the  amount  of 
money  appropriated  by  the  town  therefor. 

Section  14.  Said  board  of  commissioners  may  pre- 
scribe rules  and  regulations  for  the  connecting  of  estates 
and  buildings  with  said  main  drains  and  sewers,  and  for 
the  inspection  of  materials,  construction,  alteration  or 
use  of  all  connections  and  drains  entering  into  such  main 
drains  or  sewers,  and  may  impose  penalties,  not  exceed- 
ing twenty  dollars,  for  each  violation  of  any  such  rule  or 
regulation.  Such  rules  or  regulations  shall  be  published 
not  less  than  once  a  week  for  four  successive  weeks  in 
some  newspaper  pul)lished  in  said  town  of  Hyde  Park, 
and  shall  not  take  efl'ect  until  such  publication  has  been 
made. 

Section  15.  Said  board  of  commissioners  may  enter 
into  an  agreement  with  the  city  of  Boston  for  the  disposal 
of  such  sewage  as  cannot  be  conveniently  conveyed  from 
any  portion  of  said  town  by  gravity  flow  to  the  main 
valley  sewer  authorized  to  be  constructed,  maintained 
and  operated  by  the  provisions  of  said  chapter  four  hun- 
dred and  six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  and  may  make  such  connections  with  the 
sewers  now  or  hereafter  to  be  constructed  by  said  city  of 
Boston  as  may  be  required  for  such  disposal,  upon  such 
terms  as  may  be  agreed  upon  between  said  town  and  said 
city ;  and  for  that  purpose  may  enter  upon  and  dig  up 
any  street  or  way  in  said  city  of  Boston,  and  may  take 
by  purchase  or  otherwise  any  lands,  rights  of  way  or 
easements  in  said  city  necessary  for  the  purpose  of 
making  such  connections. 

Section  16.  The  provisions  of  chapter  fifty  of  the 
Public  Statutes  and  of  acts  in  ameucUuent  thereof,  so  far 


Acts,  1896.  — Chap.  288.  241 

as  applicable  and  not  inconsistent  with  this  act,  shall 
apply  to  the  town  of  Hyde  Park  in  carrying  out  the  pro- 
visions of  this  act. 

Section  17 .  This  act  shall  take  effect  upon  its  passage  ;  when  to  take 
but  no  expenditure  shall  be  made  and  no  lialnlity  incurred 
under  the  same  unless  this  act  shall  first  be  accepted  by 
vote  of  a  majority  of  the  legal  voters  of  said  town  of 
Hyde  Park  present  and  voting  thereon  at  a  legal  meeting 
called  for  that  purpose  within  one  year  from  the  date  of 
its  passage.  And  said  town  may  elect  said  board  of  sewer 
commissioners,  as  provided  in  section  two,  at  the  same 
meeting  at  which  it  accepts  this  act. 

Apjrroved  April  15,  1S96. 

An  Act  relative  to  minor  children  indentured  or  placed  in  (77ia^.288 

CHARGE   OF   PERSONS,   ASSOCIATIONS   OR  INSTITUTIONS. 

Be  it  enacted,  etc. ,  as  foUotvs  : 

Section  1.  Whenever  the  parent  or  guardian  of  any  probate  court 
minor  child,  who  is  now^  or  shall  hereafter  be  indentured  ilSformat'ion'' 
or  placed  in  charge  of  any  person  or  persons,  association,  cena'ir"* 
or  public  or  private  institution  by  any  state,  city  or  town  children,  etc. 
board,  or  l)y  any  public  or  private  corporation  or  body 
of  persons  authorized  by  law  to  indenture  or  so  place 
minor  children,  or  in  case  of  the  death  of  both  parents 
and  there  being  no  guardian,  whenever  one  of  the  next 
of  kin  of  any  such  child  shall  be  denied  information  of 
the  whereabouts  of  any  such  child  by  any  such  board, 
corporation  or  body  of  persons,  the  probate  court  for  the 
county  in  which  such  child  has  its  legal  residence  may  by 
its  order,  upon  the  petition  of  such  parent,  guardian  or 
next  of  kin,  and  upon  such  notice  as  it  shall  deem  proper, 
if  in  its  opinion  the  w^elfare  of  the  child  and  the  pulilic 
interests  will  not  be  injured  thereby,  require  such  board, 
corporation  or  body  of  persons  to  give  such  information 
and  permit  such  parent,  guardian  or  next  of  kin  to  visit 
the  child  at  such  time  or  times  and  under  such  conditions 
as  the  court  shall  in  its  order  direct;  and  the  court  may 
upon  the  application  of  such  parent,  guardian  or  next  of 
kin,  or  of  any  such  board,  corporation  or  body  of  persons, 
revise  and  alter  such  order,  or  make  new  orders  or 
decrees  in  respect  to  such  petition,  as  the  welfare  of  the 
child  and  the  public  interests  may  seem  to  require. 

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

Approved  April  15,  1896. 


24:2  Acts,  1896.  — Chaps.  289,  290,  291. 


Chcip.2iSQ  An  Act  relative  to  the  united  states  steamer  Minnesota, 

LOANED    TO    THE    COMMONWEALTH    FOR    THE   USE   OJ?  THE  NAVAL 
JHLITIA. 

Be  it  enacted,  etc.,  as  follows: 

unuedsrate's"^       Section    1.     Tlic    United    States    steumer    Minnesota 

lir'^tota         which  has  been  loaned  to  the  Commonwealth  and  is  now 

being  used  as  an  armory  for  the  naval  militia,  shall  be 

under  the  exclusive  control  of  the  adjutant  aeneral,  under 

the  orders  of  the  commander-in-chief,  and  all  expenses 

for  the  care,  furnishing  and  repairs  of  the  same  shall  be 

paid  by  the  Commonwealth  and  provided  for  in  the  annual 

appropriations. 

be"reim"bur8ed°       SECTION  2.     There  may  l)e  expended  for  the  purpose 

^"'"  of  reimlnirsing  the  naval  militia  for  such  sum  of  money 

as  has  been  expended  liy  said  militia  in  fitting  up  said 

steamer,  and  for  heating,  lighting,  repairing  and  properly 

furnishing  the  same,  a  sum  not  exceeding  eight  thousand 

two  hundred  dollars. 

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

Ajjproved  April  15,  1896. 

Chap.^QO  -^N  Act  to  authorize  the  city  of  lawrence  to  use  for  the 

EXTENSION   OF  ITS   WATER   WORKS   A   PORTION   OF   THE   PROCEEDS 
OF  A   LOAN   HERETOFORE  AUTHORIZED. 

Be  it  enacted,  etc, ,  as  follows  : 

^IttT^orkl.  Section  1.     The  city  of  Lawrence  may  use  for  the 

extension  of  its  water  works,  by  the  construction  of  a 
high  service,  a  sum  not  exceeding  lift}^  thousand  dollars 
of  the  proceeds  of  the  loan  authorized  by  chapter  one 
hundred  and  forty-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three. 

Section  2.     This  act  shall  take  efl'ect  upon  its  j)assage. 

Approved  April  15,  1896. 

Chap.2iQ1.  An  Act  to  authorize  towns  to  make  appropriations  to  meet 

THE   EXPENSE   OF  DEDICATING   SOLDIERS'  MONUMENTS. 

Be  it  enacted,  etc. ,  as  follows : 

^wie?""^  Section  1.     Towns  may  at  legal  meetings  grant  and 

monuments.       votc  sucli  sums  as  they  may  judge  necessary,  to  meet  the 
expense  of  dedicating  soldiers'  monuments. 

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

Approved  April  15,  1896. 


Acts,  1896.  — Chap.  292.  243 


An  Act  relative  to  the  adams  fike  distkict.  CJiav^^'^ 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  one  of  chapter  four  hundred  and  amelided.^^' 
eighty-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  striking  out  the  words 
^^ provided^  that  no  source  of  water  supply  shall  l)e  taken 
under  this  act  for  domestic  purposes  without  the  recom- 
mendation and  advice  of  the  state  board  of  health ",  in 
the  ninth,  tenth,  eleventh  and  twelfth  lines,  so  that  said 
section  as  amended  will  read  as  follows  :  —  Section  1 .  ^rfafn  ?MdB, 
For  the  purpose  of  increasing  the  water  supply  of  the  rights  of  way, 
Adams  Fire  District  for  the  extinguishment  of  fires  and 
for  domestic  and  manufacturing  purposes,  said  fire  dis- 
trict is  authorized  to  acquire  by  purchase,  lease  or  tak- 
ing any  lands  in  the  town  of  Adams,  and  any  lands  in 
the  town  of  Cheshire  lying  northerly  of  the  southerly 
boundary  of  the  former  town  of  New  Providence,  for  the 
purpose  of  Ijoring  or  driving  artesian  or  other  Avells  and 
excavating  basins  and  reservoirs  thereon.  Said  fire  dis- 
trict may  in  like  manner  acquire  all  necessary  rights  of 
way  under  and  over  any  lands,  water  courses,  railroads, 
public  and  private  ways,  and  along  such  ways  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same,  and 
may  thereafter  enter  in  and  upon  any  such  ways,  roads 
and  lands  for  the  purpose  of  repairing  or  relaying  any 
pipes  or  conduits,  but  in  so  doing  shall  not  unnecessarily 
obstruct  or  damage  the  same  ;  and  said  fire  district  may  May  erect 
erect  on  said  lands  thus  purchased,  taken  or  held,  proper  ''"''^'"ss,  etc. 
buildings,  fixtures  and  all  necessary  structures,  may  make 
all  necessary  excavations,  procure  and  operate  machinery 
and  provide  such  other  means  and  appliances  as  may  be 
necessary  for  the  establishment  of  complete  and  eflfective 
works. 

Section    2.     Section    four    of  said  chapter  is  hereby  i895, 485,  §  4, 
amended  by  striking  out  the  word  "  thirty",  in  the  fifth  """"^ 
line,  and  inserting  in  place  thereof  the  word  :  — sixty,  — 
so  that  said  section  as  amended  will  read  as  follows  :  — 
Section  4.     In  order  to  defray  the  expenses  which  may  Adams  Fire 
be  incurred  by  said  fire  district  under  this  act  the  town  Loa"''' 
of  Adams  may  issue  from  time  to  time  bonds  or  notes 
to  be  denominated  on  the  face  thereof,  Adams  Fire  Dis- 
trict Water  Loan,  to  an  amount  not  exceeding  sixty  thou- 
sand dollars,  and  bearing  interest  not  exceeding  six  per 


244 


Acts,  1896.  — Chap.  293. 


cent,  per  annum.  Said  interest  shall  be  payable  semi- 
annually, and  the  principal  thereof  shall  be  payable  not 
more  than  twenty  years  from  the  date  of  issue  of  said 
bonds  or  notes.  All  bonds  or  notes  issued  under  au- 
thority of  this  act  shall  be  signed  by  the  treasurer  of 
said  town  and  countersigned  by  the  chairman  of  the 
selectmen,  and  a  record  of  all  bonds  or  notes  so  issued 
Town  of  Adams  shall  bc  uiadc  and  kept  by  the  treasurer.     The  town  of 

may  loan  bonds      .,,  ,  •iin  j  •-if  t    i    •    , 

or  notes  to  fire    Adams  may  loan  said  bonds  or  notes  to  said  lire  district 

district,  etc.  i      .  -,  i. , .  -i  m       i     i 

upon  such  terms  and  conditions  as  may  be  prescribed  by 
said  town  ;  and  said  fire  district  may  sell  the  same  or  any 
part  thereof,  or  pledge  the  same  or  any  part  thereof  for 
money  borrowed  for  the  purposes  of  this  act. 

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

Approved  April  15,  1896. 


ChaV'^'^^  An  Act  relative  to  the  powers  and  duties  of  the  school 

COMMITTEE   OF   THE   CITY  OF   BOSTON. 


1895,  449,  §  22, 
amended. 


Architect 
department, 
etc.,  abolished. 


Superintendent 
of  public  build- 
ings, powers 
and  duties. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  tw^enty-two  of  chapter  four  hun- 
dred and  forty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five  is  herel>y  amended  l)y  adding  thereto 
the  followin<>:  words  :  —  This  act  shall  in  no  wise  abridge 
or  affect  the  powers  and  duties  of  the  school  committee 
of  the  city  of  Boston  under  the  provisions  of  chapter  four 
hundred  and  eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five,  —  so  that  the  section  as  amended 
will  read  as  follows  :  —  Section  22.  The  architect  de- 
partment and  the  ofiice  of  city  architect  of  said  city  are 
hereby  abolished,  and  all  buildings  now  in  process  of 
construction  by  said  department  shall  be  placed  under 
the  charge  of  the  superintendent  of  public  T)uildings,  who 
shall  be  the  city  architect  so  far  as  relates  to  the  powers 
and  duties  required  of  the  city  architect  under  existing 
contracts  of  said  city,  and  shall  see  that  the  l)uildings  are 
completed  in  accordance  with  the  contracts  already  made 
therefor.  Any  building  hereafter  required  by  said  city 
for  the  use  of  any  department  shall  be  built  by  such  de- 
partment, and  any  building  not  for  the  use  of  any  depart- 
ment shall  be  built  by  such  of  the  heads  of  departments 
or  other  ofiicers  appointed  by  the  mayor  as  the  mayor 
shall  from  time  to  time  determine  ;  but  the  plans  of  all 
buildings  shall  be  subject  to  the  approval  of  any  officer 


Acts,  1896.  — Chaps.  294,  295.  245 

or  board  specitied  in  the  statutes  relating  thereto,  and  of 

tlie  mayor,  and  the  selection  of  the  architect  shall  be  sul)- 

ject  to  the  approval  of  the  mayor.     This  act  shall  in  no  certain  powers 

wise  abridge  or  affect  the  powers  and  duties  of  the  school  school  oom- 

committee  of  the  city  of  Boston  under  the  provisions  of  Effected" 

chapter  four  hundred  and  eight  of  the  acts  of  the  year 

eighteen  hundred  and  ninety-five. 

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

Approved  April  16,  1896. 

An  Act  to  authorize  the  town  of  natick  to  make  an  addi-  CJJkij)  294 

TIONAL  APPROPKIATION  ANU   SEWERAGE  LOAN. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.     The  town  of  Natick,  for  the  purpose  of  ^dmonTi 
carrying  out  the  provisions  of  chapter  four  hundred  and  bonds,  uotes  or 
tifty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,   is  hereby  authorized  to  appropriate  a  sum 
of  money  not  exceeding  one  hundred  thousand  dollars 
in  addition   to  the  amount  authorized  by  said  act ;   and 
to  raise  the  money  so  appropriated  said  town  may  issue 
negotiable  bonds,  notes  or  scrip  in  accordance  with  the 
provisions  of  said  act :  provided,  that  the  whole  amount  ProviBo. 
of  money   appropriated  for  said  purposes  by  said  town 
under  the  authority  given  by  this  act  and  all  other  acts 
shall   not  exceed  two   hundred  thousand  dollars  beyond 
the  limit  of  indebtedness  fixed  l)y  law  for  said  town. 

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

App>roved  April  16,  1896. 


Chap,295 


An  Act  making   appropriations    for    the    preparation    for 
publication  and  for   the    publication    of    the    province 

LAWS. 

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

For  the  salary  of  the  commissioner  appointed  to  edit  Commissioner 


the  province  laws,  six  hundred  and  sixtv-six  dollars  and  edit  province 


sixty-seven  cents. 


appointed  to 
edit  p 
laws. 


246  Acts,  1896.  — Chaps.  296,  297. 

copyiBts,  -pov  the  salaries  of  copyists,  messenojers,  extra  help, 

meBsengerB,  ,  ,%  •  -i 

etc.  for    engraving,    lithographing,    stationery   and    postage, 

travelling  and  other  necessary  expenses  in  connection 
^vith  the  preparation  and  publication  of  the  province  laws, 
a  sum  not  exceeding  two  thousand  three  hundred  and 
thirty-three  dollars  and  thirty-three  cents. 

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

Approved  April  16,  1896. 

CJiap.2^Q  An  Act  to  authorize  the  closing  of  the  state  departments 

AND  COMMISSIONS  ON  THE  DAY  OF  THE  MEMORIAL  SERVICES  IN 
HONOR  OF  FREDERIC  T.  GREENHALGE,  LATE  GOVERNOR  OF  THE 
COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  follows : 

fiose  ApriTis!  Section  1.  The  heads  of  the  several  departments  and 
commissions  of  the  state  government  are  hereby  author- 
ized to  close  their  offices  during  the  eighteenth  day  of 
April  in  the  year  eighteen  hundred  and  ninety-six,  being 
the  day  of  the  memorial  services  in  honor  of  Frederic  T. 
Greenhalge,  late  governor  of  the  Commonwealth. 

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

Approved  April  17, 1896. 

GlldV'^^     An  Act  to  regcxate  the  sale  of  commercial  fertilizers. 
He  it  enacted,  etc. ,  as  follows  : 

ieruuzer'^^  Section  1 .     Evciy  lot  Or  parcel  of  commercial  fertilizer 

panfedw™'       '^^^  fertilizer  material  sold  or  offered  or  exposed  for  sale 
printed  state-     withiu  tliis   Commonwcalth  shall  be  accompanied  by  a 

ment,  etc.  -i     •     i  •  -i  ii  i  i  •  n    • 

plainly  printed  statement,  clearly  and  truly  certifying 
the  number  of  net  pounds  of  fertilizer  in  the  package, 
the  name,  brand  or  trade-mark  under  which  the  fertilizer 
is  sold,  the  name  and  address  of  the  manufticturer  or 
importer,  the  location  of  the  factory,  and  a  chemical 
analysis  stating  the  percentage  of  nitrogen,  of  potash 
soluble  in  distilled  water,  and  of  phosphoric  acid  in  avail- 
able form  soluble  in  distilled  w-ater  and  reverted,  as  well 
as  the  total  phosphoric  acid.  In  the  case  of  those  fertil- 
izers which  consist  of  other  and  cheaper  materials  said 
label  shall  give  a  correct  general  statement  of  the  com- 
position and  ingredients  of  the  fertilizer  it  accompanies. 
of^sfatememto  Section  2.  BcfoTc  any  commercial  fertilizer  is  sold 
be  filed,  etc.  or  offcrcd  or  exposed  for  sale  the  importer,  manufacturer 
or  party  who  causes  it  to  be  sold  or  offered  for  sale  witliin 


Acts,  1896.  — Chap.  297.  247 

this  Commonwealth  shall  file  with  the  director  of  the 
Hatch  experiment  station  of  the  Massachusetts  Agricultu- 
ral College  a  certified  copy  of  the  statement  named  in 
section  one  of  this  act,  and  shall  also  deposit  with  said 
director  at  his  request,  a  sealed  glass  jar  or  bottle,  con- 
taining not  less  than  one  pound  of  the  fertilizer,  accom- 
panied by  an  aflSdavit  that  it  is  a  f^iir  average  sample 
thereof. 

Section  3.  The  manuf^icturer,  importer,  agent  or  Analysis  fees. 
seller  of  any  brand  of  commercial  fertilizer  or  fertilizer 
material  shall  pay  for  each  brand,  on  or  before  the  first 
day  of  May  annually,  to  the  director  of  the  experiment 
station,  an  analysis  fee  of  five  dollars  for  each  of  the  three 
following  fertilizing  ingredients  :  namely,  nitrogen,  phos- 
phorus and  potassium,  contained  or  claimed  to  exist  in 
said  In-and  of  fertilizer :  jjrovided,  that  whenever  the  Proviso, 
manufacturer  or  importer  shall  have  paid  the  fee  herein 
required  for  any  person  acting  as  agent  or  seller  for  such 
manufiicturer  or  importer,  such  agent  or  seller  shall  not 
be  required  to  pay  the  fee  named  in  this  section  ;  and  on 
receipt  of  said  anal3'sis  fees  and  statement  specified  in 
section  two  the  director  of  said  station  shall  issue  certifi- 
cates of  compliance  with  this  act. 

Section  4.     No  person  shall  sell  or  offer  or  expose  for  saieofpuiver- 
sale  in  this   Commonwealth  any  pulverized  leather,  hair  e^c.,aTa  ^'^' 
or  wool  waste,  raw,  steamed,  roasted  or  in  any  form  as  a  regulated. 
fertilizer,  or  as  an  ingredient  of  any  fertilizer  or  manure, 
without  an    explicit    printed  certificate   of  the  fjict,   said 
certificate  to  be   conspicuously  affixed  to  every  package 
of  such  fertilizer  or  manure,  and  to  accompany  or  go  with 
every  parcel  or  lot  of  the  same. 

Section  5.  Any  person  selling  or  offering  or  exposing  Penalty. 
for  sale  any  commercial  fertilizer  without  the  statement 
required  by  the  first  section  of  this  act,  or  with  a  label 
stating  that  said  fertilizer  contains  a  larger  percentage  of 
any  one  or  more  of  the  constituents  mentioned  in  said 
section  than  is  contained  therein,  or  respecting  the  sale 
of  which  all  the  provisions  of  the  foregoing  section  have 
not  been  fully  complied  with,  shall  forfeit  fifty  dollars  for 
the  first  offence  and  one  hundred  dollars  for  each  subse- 
quent offence. 

Section  6.     This   act  shall    not  affect   parties    manu- certain  parties 
fiicturing,   importing  or  purchasing  fertilizers    for  their  ""' •''^'^'='^**- 
own  use  and  not  to  sell  in  this  Commonwealth. 


248 


Acts,  1896.  — Chap.  298. 


Analysia  to  be 
made  annually, 
etc. 


Taking  of 
Bamples,  etc. 


Repeal. 


To  take  effect 
Nov.  1,  1896. 


Section  7.  The  director  of  the  experiment  station 
shall  pay  the  analysis  fees,  as  soon  as  received  by  him, 
into  the  treasury  of  the  station,  and  shall  cause  one 
analysis  or  more  of  each  fertilizer  or  fertilizer  material  to 
be  made  annually,  and  shall  publish  the  results  from  time 
to  time,  with  such  additional  information  as  the  circum- 
stances render  advisable,  provided  such  information  re- 
lates only  to  the  composition  of  the  fertilizer  or  fertilizer 
material  inspected.  Said  director  is  hereby  authorized 
in  person  or  by  deputy  to  take  a  sample,  not  exceeding- 
two  pounds  in  weight,  for  analysis,  from  any  lot  or 
package  of  fertilizer  or  fertilizer  material  which  may  be 
in  the  possession  of  any  manufacturer,  importer,  agent 
or  dealer ;  but  said  sample  shall  be  drawn  in  the  presence 
of  said  party  or  parties  in  interest,  or  their  representa- 
tive, and  taken  from  a  parcel  or  a  number  of  packages 
which  shall  be  not  less  than  ten  per  cent,  of  the  whole  lot 
inspected,  and  shall  be  thoroughly  mixed  and  then 
divided  into  two  equal  samples  and  placed  in  glass 
vessels,  and  carefully  sealed  and  a  label  placed  on  each, 
stating  the  name  or  brand  of  the  fertilizer  or  material 
sampled,  the  name  of  the  party  from  whose  stock  the 
sample  was  drawn,  and  the  time  and  place  of  drawing ; 
ajid  said  label  shall  also  l)e  signed  by  the  director  or  his 
deputy  and  by  the  party  or  parties  in  interest,  or  their 
representatives  present  at  the  drawing  and  sealing  of  said 
sample ;  one  of  said  duplicate  samples  shall  be  retained 
by  the  director  and  the  other  by  the  party  whose  stock 
was  sampled.  All  parties  violating  this  act  shall  be 
prosecuted  by  the  director  of  said  station. 

Section  8.  Chapter  two  hundred  and  ninety-six  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-eight  is 
hereby  repealed. 

Section  9.  This  act  shall  take  eftect  on  the  first  day 
of  November  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  Ap)ril  17,  1896. 


ChciV  298  -^^     ^^"^    '^^     INCORPORATE     THE     WORCESTER     COLLATERAL     LOAN 

ASSOCIATION. 


Worcester 
Collateral  Loan 
Association 
incorporated. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Stephen  Salisbury,  Elisha  D.  BufBngton, 
Archelaus  M.  Howe,  Francis  H.  Dewey,  Lincoln  N.  Kin- 
nicutt,  Alexander  DeWitt,  John    H.    Goes,  George    T. 


Acts,  1896.  — Chap.  298.  249 

Dewey,  John  S.  Brigham,  Charles  Thornton  Davis,  Azro  Worcester 
L.  D.  Buxton,  Charles  L.  Nichols,  John  F.  Kyes,  Henry  Association 
L.  Parker,  George  F.  Blake,  Jr.,  and  Charles  E.  Burn-  '°'=°'P°--^'«d. 
ham,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Worcester  Collateral  Loan 
Association,  to  be  located  at  Worcester,  for  the  purpose 
of  loaning  money  upon  pledge  or  mortgage  of  goods  and 
chattels,  or  of  safe  securities  of  every  kind ;  and  all  the 
powers  and  privileges  necessary  for  the  execution  of  these 
purposes  are   hereby  granted,  and  said  corporation  shall 
also  have  all  the  powers  and  privileges  and  be  subject  to 
all  the    duties,    restrictions    and    liabilities    set   forth    in 
chapter  one  hundred  and  five  of  the  Public  Statutes  and 
in  all  the  general  laws  which  now  are  or  hereafter  may 
be  in  force  relating  to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall  ^'^pitai  stock. 
be  ten  thousand  dollars,  to  be  divided  into  shares  of  one 
hundred  dollars  each,  and  to  be  paid  for  at  such  times 
and  in  such  manner  as  the  board  of  directors  shall  decide  : 
provided,  that  no  business  shall  be  transacted  by  said  ^""o^'^"- 
corporation  until  said  amount  of  ten  thousand  dollars  is 
subscril)ed  for  and  actually  paid  in  ;  and  no  certificate  of 
shares  shall  be  issued  until  the  par  value  of  such  shares 
shall  have  actually  been  paid  in  in  cash.  The  said  cor- 
poration may  increase  its  capital  stock  from  time  to  time 
until  the  same  amounts  to  two  hundred  thousand  dollars. 

Section  3.     Said  corporation  is  hereby  authorized  to  May  borrow  on 
borrow  money  on  its  own  notes,  not  exceeding  the  amount  ^  ^"°  ^^'■ 
of  its  capital  paid  in,  and  for  periods  not  exceeding  one 
year. 

Section  4.  The  government  of  said  corporation  shall  '^^^^'^^°^^- 
be  vested  in  a  board  of  directors,  chosen  as  the  by-laAvs 
may  prescribe,  conformably  to  law :  provided,  hoivever,  Proviso. 
that  one  director  shall  Ije  appointed  by  the  governor  of 
the  Commonwealth  and  one  shall  be  appointed  by  the 
mayor  of  the  city  of  Worcester ;  and  the  board  thus 
constituted  shall  elect  one  of  their  number  president, 
and  such  officers  as  may  be  deemed  necessary.  The 
compensation  of  the  directors  appointed  by  the  governor 
and  mayor  for  their  services  and  attendance  at  meetings 
shall  be  paid  l)y  said  corporation. 

Section    5.     When   said   corporation    has    disposable  Loans. 
funds  it    shall    loan    on    all   goods  and  chattels  ofiered, 
embraced  within  its  rules  and  roirulations,  in  the  order 


250 


Acts,  1896.  — Chap.  298. 


Duratlou  of 
loans,  right  of 
redemption,  etc, 


Pledgor  to  be 
given  a  card. 


Unredeemed 
property. 


Savings  bank 
deposit  boobs. 


Interest. 


CommisBioners 
of  savings 
banlis  to  have 
access  to  books, 
etc. 


in  which  they  are  offered,  with  this  exception,  that  it 
may  always  discriminate  in  favor  of  small  loans  to  the 
indigent. 

Section  6.  All  loans  shall  be  for  a  time  fixed  and  not 
more  than  one  year,  and  the  mortgagor  or  pledgor  shall 
have  a  right  to  redeem  his  property  mortgaged  or  pledged, 
at  any  time  before  it  is  sold,  in  pursuance  of  the  contract 
between  the  parties,  or  liefore  the  right  of  redemption  is 
foreclosed,  on  payment  of  the  loan  and  rate  of  compen- 
sation to  the  time  of  the  offer  to  redeem.  No  charges 
shall  l)e  made  for  making  a  preliminary  examination  when 
a  loan  is  not  made,  nor  for  the  examination  of  property 
offered  at  the  office  of  the  association  for  pledge. 

Section  7 .  The  corporation  shall  give  to  each  pledgor 
a  card  inscribed  with  the  name  of  the  corporation,  the 
article  or  articles  pledged,  the  name  of  the  pledgor,  the 
amount  of  the  loan,  the  rate  of  compensation,  the  date 
when  made,  the  date  when  payable,  the  page  of  the  l)ook 
where  recorded,  and  a  copy  of  sections  eight  and  nine 
of  this  act. 

Section  8.  Property  pledged  to  the  Worcester  Col- 
lateral Loan  Association  must  be  held  one  year,  unless 
sooner  redeemed,  and  if  not  redeemed  within  one  year 
from  the  date  of  the  loan  shall  be  sold  at  public  auction, 
and  the  net  surplus,  after  paying  loan  charges  and  ex- 
penses of  sale,  shall  lie  held  one  year  for  the  owner.  All 
auction  sales  shall  be  advertised  for  at  least  one  week  in 
two  daily  newspapers  pulilished  in  Worcester.  In  case 
a  savings  l)ank  deposit  book  pledged  to  the  association 
shall  not  be  -redeemed  as  above  it  shall  not  be  necessary 
for  the  association  to  sell  the  same  at  public  auction,  but 
it  may  convert  the  same  or  so  much  thereof  as  may  be 
necessary  to  pay  the  debt,  in  such  mode  and  at  such  time 
as  in  the  judgment  of  the  directors  will  Ijest  secure  the 
interest  of  all  parties,  holding  the  net  surplus  as  above 
for  the  owner. 

Section  9.  Said  association  shall  in  no  case  charore 
interest  at  a  rate  exceeding  one  and  one  half  per  cent, 
per  month. 

Section  10.  The  commissioners  of  savings  banks  shall 
have  access  to  the  vaults,  books  and  papers  of  the  cor- 
poration, and  it  shall  he  their  duty  to  inspect,  examine 
and  inquire  into  its  affairs  and  to  take  proceedings  in 
regard  to  them,  in  the  same  manner  and  to  the  same  ex- 


Acts,  1896.  — Chaps.  299,  300.  251 

tent  as  if  vSaid  corporation  was  a  savings  bank,  subject 
to  all  the  general  laws  which  are  now  or  hereafter  may 
be  in  force  relatin":  to  such  institutions  in  this  res-ard. 
The  returns  required  to  be  made  to  the  commissioners  Returns. 
of  savings  banks  shall  be  in  the  form  of  a  trial  balance 
of  its  books,  and  shall  specify  the  different  kinds  of  its 
liabilities  and  the  different  kinds  of  its  assets,  stating 
the  amounts  of  each  kind,  together  with  such  other  in- 
formation as  may  be  called  for  by  said  commissioners, 
in  accordance  with  a  blank  form  to  be  furnished  by  said 
commissioners ;  and  these  returns  shall  be  published  in 
a  newspaper  of  the  city  of  Worcester,  at  the  expense  of 
said  corporation,  at  such  times  and  in  such  manner  as 
may  be  directed  by  said  commissioners,  and  in  the  annual 
report  of  said  commissioners  :  provided,  hoivevei',  that  said  ^''o^'so. 
commissioners  may  cause  any  examination  to  be  made  by 
an  expert,  under  their  direction  but  at  the  expense  of  the 
corporation.  Approved  April  17,  1896. 

An  Act  relative  to  the  vinevard  grove  company.  Ohnn  ^^99 

Be  it  enacted,  etc.,  as  follows  : 

Section  1,     All  acts  of  the  Vineyard  Grove  Company,  Acts  of  vine- 
its  officers  or  directors,  relating  to  the  purchase  of  real  compauy^con. 
estate,  and  all  deeds  and  conveyances  to  said  corporation  ^'■™®'''  ®"^- 
of  real  estate  in  the  town  of  Cottage  City,  are  hereby 
ratified,  confirmed  and  made  valid,  and  said  corporation 
is  hereby  authorized  to  hold,  improve,  manage  and  dis- 
pose of  all  real  estate  at  any  time  heretofore  conveyed 
to  it,  for  its  corporate  purposes. 

Section  2 .     Said  corporation  is  hereby  authorized  to  May  engage  in 

.  •     ,     '  T.  •       ^^        ^         •  /»!  •  certain  busi- 

erect,  maintain,  and  to  engage  in  the  business  oi  keeping  ness.etc. 
a  hotel  or  hotels  and  bathing  establishments,  and  to  erect 
such  buildings  as  it  may  deem  advisable,  in  said  Cottage 
City,  and  to  construct  and  maintain  upon  and  from  its 
lands  over  and  into  the  tide  waters  a  wharf  or  wharves 
or  other  structures,  or  to  extend  or  improve  the  same, 
subject  to  the  provisions  of  chapter  nineteen  of  the  Public 
Statutes.  Ajjproved  April  17,  1896. 

An  Act  RELAirv^E  to  the  northern  baptist  education  society.  (JJifij)  QQO 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  Northern  Baptist  Education  Society  May  use  certain 
may  at  its  discretion  use  both  principal  and  interest  of  for^purpose^s  of 

the  society. 


252 


Acts,  1896.  — Chap.  301. 


donations,  grants,  devises  and  bequests  hereafter  received 
l)y  it,  where  not  otherwise  directed  by  the  giver,  for  the 
purposes  of  the  society,  including  its  current  expenses. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  Ap)ril  17,  1896. 


Chap 


May  take  certain 
real  estate. 


DeBcription  of 
land  to  be 
recorded,  etc. 


Damages. 


City  may  offer  a 
specified  sum, 
etc. 


301   ^^  ^^^  '^'^^  AUTHORIZE   THE   CITY   OF   SPRINGFIELD   TO    TAKE    LAND 
FOR  THE   ERECTION   OF  PUBLIC   SCHOOL   BUILDINGS. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  city  of  Springfield,  acting  by  its 
])oard  of  aldermen,  is  herel)y  authorized  to  take  by  pur- 
chase or  otherwise,  in  fee,  at  any  time  within  the  period 
of  one  year  from  the  passage  of  this  act,  the  whole  or 
any  part  of  certain  real  estate  in  said  city  bounded  north- 
erly by  State  street,  easterly  by  land  of  Elisha  Morgan, 
southerly  by  Temple  street,  and  westerly  by  land  of  said 
city ;  said  real  estate  so  taken  to  be  used  in  connection 
with  the  aforesaid  real  estate  of  the  city  for  the  erection 
of  a  building  or  buildings  to  be  used  for  pul^lic  school 
purposes. 

Section  2.  The  order  for  such  taking  shall  l)e  ap- 
proved by  the  mayor,  wdio,  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,  sufiiciently 
accurate  for  identification,  with  his  statement  of  the  pur- 
pose 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  damages  sustained,  may  have  his  damages 
assessed  and  determined  in  the  manner  provided  hy  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. 

Section  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  com- 
plainant ;  and  if  the  complainant  shall  not  accept  the 
same  within  ten  days  after  he  has  received  notice  of 
such  offer,  and  shall  not  finally  recover  a  greater  sum 


Acts,  1896.  — Chap.  302.  253 

than  the  one  offered,  not  inchiding  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 
damasces  so  recovered  shall  be  in  excess  of  the  amount 
offered  by  the  city,  as  aforesaid. 

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

Approved  April  22,  1896. 

An  Act  relative  to  reports  of  evidence  given  at  inquests  n~i.f~.rf^  ^02 
IN  cases  of  death  ky  accident  on  railroads   and  street  ^' 

RAILWAYS. 

He  it  enacted,  etc.,  as  follows : 

Section  1 .     When  a  iustice  has  reason  to  believe  that  Reports  of 

JJ111111'  1  1         11  •      evidence  given 

an  inquest  to  be  held  bv  him  relates  to  the  death  by  acci-  at  inquests  in 

-t        ,        f'  "  ^  .iir"    certain  cases 

dent  oi  a  passenger  or  employee  upon  a  railroad,  or  oi  of  death  by 
a  traveller  upon  a  pu])lic  or  private  way  at  a  railroad  '*'="'^''°'- 
crossing,  or  to  a  death  l)y  accident  resulting  from  or  con- 
nected with  the  operation  of  a  street  railway,  he  shall 
cause  a  verbatim  report  of  the  evidence  given  before  him 
to  be  made.  The  accuracy  of  such  report  shall  be  sworn 
to  by  the  person  making  the  same,  and  the  report  and 
the  reporter's  bill  for  his  services,  after  each  has  been 
examined  and  approved  in  writing  by  such  justice,  shall 
be  forwarded  without  unnecessary  delay  to  the  board  of 
railroad  commissioners.  Bills  for  such  services,  when 
approved  by  the  said  board,  shall  be  forwarded  to  the 
auditor  of  accounts,  and  shall  be  paid  out  of  the  treas- 
ury of  the  Commonwealth,  and  shall  be  assessed  on  the 
several  corporations  owning  or  operating  the  railroads 
or  street  railways  on  which  the  accidents  occurred,  and 
shall  be  collected  in  the  manner  provided  in  section 
twelve  of  chapter  one  hundred  and  twelve  of  the  Public 
Statutes. 

Section    2.       Chapter    three    hundred    and    sixty-five  RepeaL 
of  the  acts  of  the    year  eighteen    hundred  and  eighty- 
eight  and  chapter  one  hundred  and  fifty-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine  are  herel)y 
repealed;  l)ut  such  repeal  shall  not  affect  existing  rights,  ^f/.^^'^^f'^hts 
Section  3.     This  act  shall  take  effect  upon  its  passage.  ^^""°^"^  ''• 

Approved  April  22,  1896. 


254 


Acts,  1896.  — Chap.  303. 


1894,  444,  §  2, 
amended. 


Cause,  etc.,  of 
fires  to  be  in- 
vestigated,  etc. 


CJiaV.303  ^^   ^*^'^  KELATIVE   TO   THE  INVESTIGATION   OF   FIRES   AND    THE    RE- 
PORT TO   THE   FIRE   MARSHAL. 

Be  it  enacted,  etc.,  as  follows : 

Section  two  of  chapter  four  hundred  and  forty-four  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  amended  by  inserting  in  the  fourth  line,  after  the 
word  "  established",  the  words  :  — whether  the  organized 
lire  district  includes  within  its  limits  the  whole  territory 
of  the  town  or  not,  —  and  by  inserting  in  the  fifth  line, 
after  the  word  "  which",  the  words  :  — no  fire  district  is 
organized  and,  —  so  as  to  read  as  follows  :  —  Section  2. 
The  state  fire  marshal,  in  the  city  of  Boston,  and  the 
board  of  fire  engineers  in  every  other  city,  and  in  every 
town  in  which  a  board  of  fire  engineers  is  established, 
Avhether  the  oro;anized  fire  district  includes  within  its 
limits  the  whole  territory  of  the  town  or  not,  and  the 
board  of  selectmen  in  any  town  in  which  no  fire  district 
is  organized  and  no  board  of  fire  engineers  is  established, 
shall  investigate  the  cause,  origin  and  circumstances  of 
every  fire  occurring  in  such  city  or  town  in  which  prop- 
erty has  been  destroyed  or  damaged,  and  shall  specially 
make  investigation  whether  such  fire  was  the  result  of 
carelessness  or  design.  Such  investigation  shall  be  be- 
gun within  two  days,  not  including  the  Lord's  day,  of 
the  occurrence  of  such  fire,  and  the  fire  marshal  shall 
have  the  right  to  supervise  and  direct  such  investigation 
whenever  he  deems  it  expedient  or  necessary.  The  board 
making  investigation  of  fires  occurring  in  cities  and  towns, 
other  than  the  city  of  Boston,  may  forthwith  notify  said 
fire  marshal,  and  shall,  within  one  week  of  the  occurrence 
of  the  fire,  furnish  to  the  said  fire  marshal  a  written  state- 
ment of  all  the  facts  relating  to  the  cause  and  origin  of 
the  fire,  the  kind,  value  and  ownership  of  the  property 
destroyed,  and  such -other  information  as  may  be  called 
for  by  the  blanks  provided  by  the  said  fire  marshal.  The 
fire  marshal  shall  keep  in  his  office  a  record  of  all  fires 
occurring  in  the  Commonwealth,  together  with  all  facts, 
statistics  and  circumstances,  including  the  origin  of  the 
fires,  which  may  be  determined  by  the  investigations  pro- 
vided for  by  this  act ;  such  record  shall  at  all  times  be 
oi)en  to  public  inspection,  and  such  portions  of  it  as  the 
insurance   commissioner    may  deem    necessary   shall   be 


Board  making 
investigation  to 
report  to  fire 
marshal. 


Record  of  fires, 
etc.,  to  be  kept. 


Acts,  1896.  — Chaps.  304,  305.  255 


ChapM4: 


transcribed   and  forwarded   to   him  within    fifteen    days 
from  the  first  day  of  January.      Approved  April  22,  1896. 

An   Act   relative    to    sentences    to    the    REfORMATOKY    PRISON 
FOR   AVOMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  forty-three  of  chapter  two  hun- p.  s.  221,  §  43, 
dred  and  twenty-one  of  the  Public  Statutes,  as  amended  ®"'>'""'^°  ^ 
by  chapter  four  hundred  and  twenty-six  of  the  acts   of 
the  year  eighteen   hundred  and  eighty-seven,  is  hereby 
amended  by  striking  out  in  tlie  eighth  and  ninth  lines, 
the  words  "held  within  the  district  of  Massachusetts  ", 
so  as  to  read  as  follows  :  —  Section  43.     The  reformatory  Reformatory 
prison  for  women  at  Sherborn  in  the  county  of  Middlesex  women. 
shall  be  the  prison  of  the  Commonwealth  for  the  reforma- 
tion and  punishment  of  female  offenders ;  in  which  shall 
be  kept  imprisoned  and  detained  all  female  convicts  duly 
committed  or  removed  thereto  conformably  to  the  sen- 
tences or  orders  of  any  court  of  the  state  or  of  the  courts 
of  the  United  States,  and  the  rules  and  regulations  of  said 
prison. 

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

Approved  April  22,  1896. 


Chap.d05 


An  Act  relative  to  sewerage  and  sewage  disposal  in  the 

TOWN   of   WAKEFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  defraying  the  expense  wakefieid  sew. 
of  laying,  making  and  maintaining  a  system  of  main  drains  Acfof  is96.' 
and  common  sewers  and  estal)lishing  and  operating  a  sys- 
tem of  sewage  disposal,  the  town  of  Wakefield  is  hereby 
authorized  to  issue  from  time  to  time,  in  excess  of  its  debt 
limit,  bonds,  notes  or  scrip  to  an  amount  not  exceeding 
one  hundred  thousand  dollars.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Wakefield  Sewerage 
Loan,  Act  of  1896,  shall  l)e  payal)le  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  by  the  sewerage  com- 
missioners of  the  town.  The  said  town  may  sell  such 
securities  or  any  part  thereof  from  time  to  time  at  public 
or  private  sale,  but  none  of  said  bonds,  notes  or  scrip 


256  Acts,  1896.  — Chap.  305. 

shall  be  issued  or  sold  except  in  compliance  with  the  vote 
of  the  town  nor  for  less  than  the  par  value  thereof. 

{oan°'*'°'°^  Section  2.     The  receipts  from  payments,  assessments, 

and  from  such  annual  rates  for  the  use  of  such  sewers  as 
said  town  may  by  vote  establish,  after  deducting  the  ex- 
penses, shall  be  applied,  iirst  to  the  payment  of  the  interest 
upon  the  bonds,  notes  or  scrip  issued  under  the  authority 
of  this  act  not  otherwise  provided  for,  and  the  balance 
shall  be  set  apart  to  meet  the  requirements  of  the  sink- 
ing fund  for  the  payment  or  redemption  of  said  bonds, 
notes  or  scrip,  as  provided  by  section  nine  of  chapter 
twenty-nine  of  the  Public  Statutes.  If  the  said  receipts 
in  any  year  shall  be  insufficient  to  pay  the  interest  on  said 
bonds,  notes  or  scrip  and  to  meet  the  requirements  of  law 
as  to  said  sinking  fund,  then  in  such  case  the  town,  to 
meet  said  deficiency,  shall  raise  forthwith  such  sum  as 
will  with  said  net  income  be  sufficient  to  meet  said  re- 
quirements. Said  sinking  fund  shall  remain  inviolate 
and  pledged  to  the  payment  and  redemption  of  such 
bonds,  notes  or  scrip,  and  shall  be  used  for  no  other 
purpose. 

fnnuai'pay.^  ^'"'      Section  3.     The  Said  town  instead  of  establishing  a 

mentsonioan.  sinking  fuud  may  at  the  time  of  authorizing  said  loan 
provide  for  the  payment  thereof  in  annual  pa^^ments  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  in- 
curred by  said  town  shall  be  extinguished,  in  the  sanie 
manner  as  other  taxes  are  assessed  under  the  provisions 
of  section  thirty-four  of  chapter  eleven  of  the  Public 
Statutes. 

Apportionment,      Section   4.     Tlic   board   of   sewerao;e    commissioners 

etc.,  or  assesB-  />         •  i  i  •  •   i   • 

ments.  of  Said  towu  ou  the  written  request,  made  within  three 

months  after  notification  of  assessment,  of  any  owner 
of  an  estate  assessed  by  said  commissioners  for  its  pro- 
portional part  of  the  charge  of  making  and  maintaining 
such  main  drains  or  common  sewers  and  system  of  sew- 
age disposal,  shall  apportion  such  assessment  into  such 
number  of  equal  parts  or  instalments,  not  exceeding  ten, 
as  said  owner  shall  state  in  such  request ;  and  said  board 
shall  certify  such  apportionment  to  the  assessors  of  said 


Acts,  1896.  — Chap.  306.  257 

town,  and  one  of  said  parts  or  instalments,  with  interest 
from  tlie  date  of  said  apportionment  at  the  rate  of  live 
per.  cent.  })er  annum,  shall  be  added  by  the  assessors  to 
the  annual  tax  on  such  estates  for  each  year  next  ensuing 
until  all  said  parts  have  l)een  so  added  and  paid :  ^j/'o-  Proviso. 
vided,  that  nothing  herein  contained  shall  be  construed 
to  prevent  the  payment  at  any  time  in  one  payment  of 
any  balance  of  said  assessments  then  remaining  unpaid, 
notwithstanding  such  prior  apportionment.  All  liens  for 
the  collection  of  such  assessment  shall  continue  until  the 
expiration  of  two  years  from  the  time  when  the  last  in- 
stalment is  added  by  the  assessors  and  remitted  to  the 
collector. 

Sectiox  5.     This  act  shall  take  eftect  upon  its  passage. 

Ajipj'oved  Ajyril  22,  1896. 


(7Aa^.306 


An  Act  kelative  to  marriages. 
Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Any  person  duly  authorized  to  solemnize  Penalty  for  join. 
marriages  in  this  Commonwealth  who  shall  join  in  mar-  mfrruaKe  wuh- 
riage  persons  who  have  not  complied  with  the  statutes  in  «"' certificate. 
regard  to  procuring  certificates  of  notice  of  intention  of 
marriage  shall  be  punished  by  a  fine  not  exceeding  five 
hundred  dollars. 

Section  2.     Whoever,  not  being  duly  authorized  by  Penalty  for 
the  statutes  of  this  Commonwealth,  undertakes  to  join  marHa^e"  wuh- 
persons  in  marriage  in  this  Commonwealth  shall  be  pun-  °"^  ""'^oriiy. 
ished  by  a  fine  not  exceeding  five  hundred  dollars  or  by 
imprisonment  in  jail  or  in  the  house  of  correction  not 
exceeding  one  year,  or  by  both  such  fine  and  imprison- 
ment. 

Section  3.     Sections  twenty-five    and   twenty-six  of  ^^peai. 
chapter  one  hundred  and  forty-five  of  the  Public  Statutes 
are  hereby  repealed. 

Section  4.     No  person  shall  solemnize  a  marriage  in  Marriages  not 
this  Commonwealth  unless  he  is  able  to  read  and  Avrite  b'y^'cVrtit""*'"''^ 
the  English  language,  and  no  rabbi  of  the  Israelitish  faith  p^"°°'- 
shall  solemnize  marriage  until  he  has  filed  with  the  clerk 
or  registrar  of  the  town  or  city  where  he  resides  a  cer- 
tificate of  the  establishment  of  the  synagogue  of  which 
he  is  rabbi,  and  of  the  date  of  his  appointment  thereto, 
and  of  the  term  of  his  engagement. 

Approved  April  22^  1896, 


258  Acts,  1896.  — Chaps.  307,  308,  309. 


Chap.S07  ^^  ^^'^  '^^   AUTHORIZE    THE    PROPRIETORS    OF    OAK    GROVE    CEME- 
TERY TO   HOLD  ADDITIONAL  REAL  AND   PERSONAL   ESTATE. 

Be  it  enacted,  etc. ,  as  follows : 
May  hold  addi-        Section  1 .     TliG  proprietors  of  Oak  Grove  Cemetery 
etc.  *      of  Gloucester  may  purchase,  or  take  by  devise  or  gift, 

and  hold  so  much  real  and  personal  estate  as  may  be 
necessary  for  the  objects  of  its  organization,  which  shall 
be  applied  exclusively  to  the  furtherance  of  such  objects  ; 
may  lay  out  such  real  estate  into  lots ;  and  upon  such 
terms,  conditions  and  regulations  as  it  shall  prescribe 
may  grant  and  convey  the  exclusive  right  of  burial  in, 
and  of  erecting  tombs  or  cenotaphs  upon,  any  lot,  and  of 
ornamenting  the  same. 

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

Approved  April  22^  1896. 

Chcip.SOS  ^^  ^C"^  "^O  PROHIBIT  THE  SELLING  OR  GIVING  AWAY  OF  INTOXI- 
CATING LIQUORS  ON  CERTAIN  HOLIDAYS  BY  THE  HOLDERS  OF 
FOURTH  AND   FIFTH   CLASS  LICENSES, 

Be  it  enacted,  etc.,  as  follows  : 


Hoidnra  of  Section  1.     Auv  pcrsoii  holding  a  license  of  the  fourth 

fourth  or  hfth  /•i/./>ii  i  mi' 

class  licenses  class,  or  of  the  fifth  class,  described  in  section  ten  of 
intoxicating  '  cliaptcr  oue  liuiidred  of  tlic  Public  Statutes,  to  sell  intoxi- 
taln^hoiidays!'  catiiig  Hquor,  who  sliall  sell,  give  away  or  deliver  on  the 
licensed  premises  any  of  such  liquor  on  the  twenty-second 
day  of  February,  or  on  the  nineteenth  day  of  April,  or  on 
the  thirtieth  ^day  of  May,  or  on  the  fourth  da}^  of  July, 
or  on  the  first  Monday  in  September,  or  on  Thanksgiving 
day,  or  on  the  twenty-fifth  day  of  December,  shall  be 
liable  to  the  penalty  prescribed  in  section  eighteen  of 
chapter  one  hundred  of  the  Pul)lic  Statutes  or  in  acts  sup- 
plementary thereto  or  in  amendment  thereof.  When  any 
one  of  said  days  which  may  fall  upon  Sunday  does  fall 
upon  that  day  the  provisions  of  this  act  shall  apply  to  the 
succeeding  day. 

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

Approved  April  22,  1896. 


Chap.d09 


An  Act  to  incorporate  the  American  hotel  institute. 
Be  it  enacted,  etc.,  as  follows: 


The  American        Section  1.     MuiTav  M.  Wiug,  Charlcs  L.  Wiugf  and 

Hotel  Institute       t    i         t     t  xi      •  •    j^  t  i  i 

incorporated,     fiolin  1.  ijaiie,  their  associates  and  successors,  are  hereby 


Acts,  1896.  — Chap.  310.  259 

made  a  corporation  by  the  name  of  The  American  Hotel  HotefCmme 
Institute,  with  its  principal  office  to  be  located  at  Boston,  incorporated. 
for  the  purpose  of  promoting  the  study  and  practice  of 
the  culinary  art  and  other  duties  appertaining  thereto,  by 
the  establishment  of  a  school  of  hotel  and  home  science, 
and  by  other  suitable  means,  with  the  privilege  of  grant- 
ing certificates  of  proficiency  and  of  conducting  an  ex- 
change to  promote  discussion  of  those  and  other  kindred 
subjects  and  to  assist  graduates  and  members  in  obtaining 
employment,  together  with  all  the  powers  and  privileges 
and  subject  to  all  the  duties,  liabilities  and  restrictions 
set  forth  in  the  general  law^s  which  now  are  or  may  be 
hereafter  in  force  applicable  to  such  corporations. 

Section  2.     Said  corporation  may  hold  for  the  pur-  Mayhoidreai 
poses  of  its  incorporation  real  and  personal  estate  to  an  estate. 
amount  not  exceeding  one  hundred  thousand  dollars. 

Approved  April  27, 1896. 

An  Act  relative  to  state  scholarships  in  the  Massachusetts  CjJidrt.^XO 

INSTITUTE   OF    TECHNOLOGY. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.  There  shall  be  paid  annually  from  the  commonwealth 
treasury  of  the  Commonwealth  to  the  treasurer  of  the  chSt's^iMU*"' 
Massachusetts    Institute  of  Technology,  from  and  after  tute  of  Technoi- 

~-'  '_  ogy  a  certam 

the  first  day  of  September  in  the  year  eighteen  hundred  sum  annually. 
and  ninety-six,  the  sum  of  four  thousand  dollars. 

Section  2.     In  consideration  of  such  payment  and  of  Free  scholar- 

SQIDB 

the  grant  made  by  chapter  one  hundred  and  three  of  the 
resolves  of  the  year  eighteen  hundred  and  eighty-seven 
the  Massachusetts  Institute  of  Technology  shall  maintain 
forty  free  scholarships,  of  which  each  senatorial  district 
in  the  Commonwealth  shall  be  entitled  to  one,  if  a  candi- 
date is  presented  who  is  otherwise  unable  to  bear  the 
expense  of  tuition.  In  case  no  such  candidate  appears 
from  a  senatorial  district,  then  a  candidate  may  be  selected 
from  the  state  at  large  to  fill  such  vacancy,  who  may 
continue  to  hold  the  scholarship  annually  until  a  candi- 
date is  presented  from  the  senatorial  district  unrepre- 
sented. 

Section  3.     The  scholarships  shall  be  awarded  to  such  Awarding  of 
pupils  of  the  public  schools  of  Massachusetts  as  shall  be  fhips!"'''*'*'^" 
found   upon    examination    to    possess    the    qualifications 
fixed  for  the  admission  of  students  to  said  institute,  and 


260  Acts,  1896.  — Chaps.  311,  312. 

who  shall  be  selected  by  the  board  of  education ;  prefer- 
ence in  the  award  being  given  only  to  qualified  candidates 
otherwise  unable  to  bear  the  expense  of  tuition. 

Repeal.  SECTION  4.     So   much   of    chapter   one    hundred   and 

three  of  the  resolves  of  the  year  eighteen  hundred  and 
eighty-seven  as  relates  to  state  scholarships,  and  so  much 
of  chapter  seventy  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-five,  as  provides  an  annual  appro- 
priation of  two  thousand  dollars  for  the  maintenance  of 
ten  free  scholarships,  are  hereby  repealed. 

juiy^^.Mgr*  Section  5.  This  act  shall  take  efiect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  April  27^  1896. 

Chcin.^W  ^  ^^'^  '^^  AUTHORIZE  THE  CITY  OF  LYNN  TO  PAY  A  SUM  OF 
MONEY  TO  THE  WIDOW  OF  NELSON  H.  DOE  LATE  A  MEMBER  OF 
THE   POLICE   DEPARTMENT   OF   SAID   CITY. 

Be  it  enacted,  etc.,  as  folloivs: 

^n'^eT'Doe^^'"  Section  1.  The  city  of  Lynn  is  hereby  authorized, 
l)y  a  vote  of  its  city  council  to  be  approved  by  the  mayor, 
to  pay  to  Jane  Doe,  the  widow  of  Nelson  H.  Doe  late  a 
member  of  the  Lynn  police  department,  the  amount  of 
salary  to  which  he  would  have  l)een  entitled  had  he  lived 
and  performed  his  duties  to  the  close  of  the  present 
financial  year  of  said  city. 

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

Approved  April  27,  1896. 

(7/ift19.312  -^^    ^^'^    "^^    AUTHORIZE    THE    TOWN    OP    BRAINTREE   TO   MAKE   AN 

ADDITIONAL  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

uonailndeMed."  Section  1 .  The  towu  of  Braiiitrec  may,  for  the  pur- 
bond8''etc  pose  of  increasing  its  water  supply,  incur  additional  in- 
debtedness to  an  amount  not  exceeding  twenty  thousand 
dollars,  and  issue  bonds,  notes  or  scrip  therefor.  The 
provisions  of  sections  eleven  and  twelve  of  chapter  two 
hundred  and  sixty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six  shall,  so  far  as  applicable,  apply 
to  the  bonds,  notes  and  scrip  issued  under  the  authority 
hereby  granted. 

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

Approved  April  27,  1896. 


Acts,  1896.  — Chaps.  313,  314.  261 


An  Act  relative  to  the  building  line  and  height  of  build-  (7^^^.313 
ings  on  parkways,  boulevards  and  parks. 

Be  it  enacted.,  etc.,  as  folloivs : 

Section  1.     The   board  of  park  commissioners  of  a  Bunding  line 

J,  -,     .  -.  .,,     and  height  of 

City  or  town  may,  in  the  manner  and  in  accordance  witn  buildings  on 
and  subject  to  the  provisions  of  chapter  four  hundred  and  p^'^''^^^^'  '^'''• 
sixty-two  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three,  establish  a  building  line,  at  no  point  more 
than  twenty-five  feet  distant  from  any  exterior  line  of  a 
parkway,  boulevard  or  public  way  on  which  a  park  bor- 
ders ;  and  the  extreme  height  to  which  luiildings  may  be 
erected  upon  such  parkway,  boulevard  or  public  way 
shall  be  seventy  feet,  or  such  other  height  as  the  city 
council  of  a  city  or  the  inhabitants  of  a  town  may  from 
time  to  time  determine. 

Section  2.  Any  person  sustaining  damage  by  reason  Damages. 
of  the  establishment  of  any  building  line  under  the  pro- 
visions of  the  preceding  section  shall  have  the  same 
remedies  for  obtaining  payment  therefor  as  may  at  the 
time  of  the  filing  of  a  petition  for  such  damages  be  pre- 
scribed by  law  for  obtaining  payment  for  damages  sus- 
tained hy  any  person  whose  land  is  taken  in  the  laying 
out  of  a  highway  in  such  city  or  town. 

Sectiox  3.     This  act  shall  take  effect  in  any  city  when  when  to  take 
accepted    by  the  city  council  thereof,  and  in  any  town  ^  ^*''* 
when  accepted  liy  a  majority  of  the  legal  voters  thereof 
present  and  voting  thereon  at  a  town  meeting  called  for 
the  purpose.  Approved  April  27,  1896, 

An   Act    to    provide    for   the    appointment    of    a    reserve  n'hQ.j)  S14- 

POLICE    force    IN    CITIES.  "' 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Any  city,  except  Boston,  which  accepts  Certain  cities 
the  provisions  of  this  act  as  hereinafter  provided,  may  l^^eerve  poi'ice " 
establish  a  reserve  police  force  for  said  city ;  and  appoint-  ^°'^'^^' 
ments  to  such  force  shall  be  made  in  the  same  manner  as 
appointments  to  the  regular  police  force  of  said  city,  sub- 
ject to  such  rules  as  the  civil  service  commissioners  may 
prescribe. 

Section  2.     The  number  of  members  of  such  reserve  Number  of 
force  shall  not  exceed  five  in  cities  where  the  number  of  "*""  ^"' 
members  of  the  reg-ular  force  does  not  exceed   fifteen. 


262 


Acts,  1896.  — Chap.  315. 


Powers,  duties, 

compensation, 

etc. 


When  to  take 
effect,  etc. 


When  the  number  of  members  of  the  regular  force  ex- 
ceeds fifteen  one  member  may  l)e  added  to  the  reserve 
force  for  every  three  of  the  regular  force  above  fifteen 
and  not  above  thirty ;  one  for  every  five  of  the  regular 
force  al)ove  thirty  and  not  above  eighty ;  and  one  for 
every  ten  of  the  regular  force  aljove  eighty. 

Section  3.  The  mayor  or  city  marshal  of  any  city  in 
which  such  reserve  force  is  established  may  assign  the 
members  thereof  to  duty  in  said  city  whenever  and  for 
such  length  of  time  as  said  mayor  or  marshal  may  deem 
necessary  ;  and  when  on  dut}'  the  meml)ers  of  said  reserve 
shall  have  all  the  powers  and  duties  of  members  of  the 
regular  police  force  of  said  city.  The  compensation  of 
the  members  of  said  reserve  force  shall  be  fixed  by  the 
city  council. 

Section  4.  This  act  shall  not  apply  to  the  city  of 
Boston,  and  shall  take  efl'ect  in  any  other  city  when 
accepted  by  the  city  council  with  the  approval  of  the 
mayor.  Approved  April  27,  1896. 


Commissioners 
to  construct 
bridge  across 
Charles  river. 


ChClV-^^^   ^^    ^^^    ^*^    AUTHORIZE    THE    CITIES    OE    BOSTON    AND    CAMBRIDGE 
TO   CONSTRUCT   AND   MAINTAIN   A    BRIDGE   OVER  CHARLES   RIVER. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.  Upon  the  application  of  either  the  city  of 
Boston  or  the  city  of  Cambridge,  after  a  vote  thereupon 
l)y  both  of  their  respective  city  councils,  to  any  justice 
of  the  supreme  judicial  court,  after  notice  to  and  hearing 
said  cities,  said  court  shall  appoint  three  disinterested 
persons  as  commissioners,  neither  of  whom  shall  reside 
in  either  of  said  cities.  Said  commissioners  shall  have 
full  power  and  authority,  and  are  hereby  authorized  and 
required,  within  three  years  after  their  appointment,  to 
construct  and  complete  a  liridge  with  a  suitable  draw 
across  Charles  river,  from  a  point  near  the  harbor  com- 
missioners' line  on  the  northerly  side  of  said  Charles  river, 
crossing  Charles  river  and  the  Boston  and  Albany  rail- 
road, to  the  southerly  location  of  said  railroad,  —  the 
center  of  said  bridge  to  be  located  so  as  to  be  on  the 
center  line  of  Magazine  street  in  CamJjridge,  if  produced 
and  extended  to  and  across  said  Charles  river.  The 
location  of  said  bridge  shall  be  subject  however  to  the 
approval  of  the  l)oard  of  harbor  and  land  commissioners 
so  far  as  it  aflects  the  harbor,  and  subject  further  to  the 


Location  to  be 
approved,  etc. 


Acts,  1896.  — Chap.  315.  263 

approval  of  the  board  of  railroad  commissioners  so  far  as 
it  affects  the  said  railroad.      Said  bridge  shall  have  a  draw 
with  a  clear  opening  of  at  least  thirty-six  feet  for  the 
passage  of  vessels,  and  shall  not  be  required  to  have  a 
draw   of  greater  width  until   the   several    bridges    over 
Charles   river   below  said  l)ridge   are   required   to   have 
draws  of  greater  clear  opening  than  thirty-six  feet,  ^dien 
the   draw  in   said  bridge   shall  be  widened  to   conform 
thereto.      Said  bridge   shall    be   constructed   and   main-  to  be  con- 
tained, subject  to  the  provisions  of  chapter  nineteen  of  subject  toV.'s. 
the   Public   Statutes   and  other  laws   which  are  now  or^^''^*''- 
hereafter  may  be  in  force  in  relation  thereto ;  except  that 
no  compensation  for  displacement  of  tide  water  or  for 
occupying  any  lands  or  flats  of  the  Commonwealth  shall 
be  required  from  said  cities. 

Section  2.  Said  bridge  shall  l)e  constructed  in  accord-  u^'etr*'^'*- 
ance  with  such  plans  and  specifications,  and  of  such 
materials,  as  the  said  cities  may  in  writing  agree  upon 
within  six  months  after  the  appointment  of  said  commis- 
sioners. If  said  cities  shall  tail  to  agree  within  said  time 
upon  either  the  plans,  specifications  or  materials  as  afore- 
said, then  said  commissioners  shall  immediately  proceed 
to  construct  said  bridge  in  accordance  with  such  plans 
and  specifications  and  of  such  materials  as  said  commis- 
sioners may  deem  l)est ;  l)ut  in  either  event  said  bridge 
shall  be  constructed  on  iron  or  stone  piers  and  aluitments, 
and  the  total  cost  shall  not  exceed  three  hundred  thousand 
dollars. 

Section  3.     The  city  of  Cambridge  at  its  own  expense  To  take  lands, 

in/'i'i  f  1  •     1     ^      J         o  •  ^  '        construct  an 

shall  lorthwith,  alter  the  appointment  oi  said  commis-  avenue,  etc. 
sioners,  take  lands  by  purchase  or  otherwise  within  its 
own  limits  for  said  bridge  and  an  avenue,  and  by  its 
board  of  park  commissioners  lay  out  and  construct  said 
avenue  not  less  than  sixty  feet  in  width  from  the  end  of 
Magazine  street,  as  at  present  laid  out,  to  the  northerly 
end  of  said  bridge,  as  an  approach  thereof;  said  avenue 
to  be  taken,  laid  out  and  used  as  a  parkway,  and  said 
laying  out  and  construction  to  be  done  and  completed 
within  the  time  above-specified  for  the  completion  of  the 
bridge.  The  board  of  street  commissioners  of  the  city 
of  Boston  at  the  expense  of  said  city  shall  forthwith,  after 
the  appointment  of  said  commissioners,  take  lands  l^y 
purchase  or  otherwise  within  its  own  limits  for  said 
bridge  and  an  avenue,  and  shall  lay  out  said  avenue  not 


264 


Acts,  1396.  — Chap.  SlS. 


To  take  lands, 
construct  an 
avenue,  etc. 


Building  line  to 
be  established, 
etc.  X 


Taking  of  lands, 
establishment  of 
building  lines, 
etc. 


Costs,  damages, 
etc. 


less  than  sixty  feet  in  width,  from  the  northerly  line 
of  Commonwealth  avenue,  in  the  line  of  Pleasant  street 
in  Brookline,  as  produced,  extending  northerly  to  the 
southerly  end  of  said  bridge  as  an  approach  thereof;  said 
avenue  to  be  taken  and  laid  out  on  the  lines  as  shown  on 
the  plan  of  the  street  commissioners  of  the  city  of  Boston, 
filed  in  the  office  of  the  city  engineer  of  said  city,  on  the 
sixth  day  of  January  in  the  year  eighteen  hundred  and 
ninety-six,  and  wdiere  said  lines  are  not  shown  said  ave- 
nue is  to  be  taken  and  laid  out  as  said  commissioners 
shall  deem  best,  and  to  be  used  as  a  parkway.  The  city 
of  Boston  by  its  city  engineer  shall  construct  said  avenue 
within  the  time  above-specified  for  the  completion  of  the 
bridge. 

Section  4.  The  lioard  or  officers  having  authority  to 
lay  out  ways  in  their  respective  cities  shall,  within  the 
time  above-specified  for  the  completion  of  the  bridge,  at 
the  expense  of  the  respective  cities,  establish  along  the 
whole  extent  of  their  respective  approaches,  as  aforesaid, 
a  building  line  not  less  than  twenty  feet  distant  from  the 
outside  boundary  lines  of  said  approaches ;  and  between 
said  building  line  and  the  lines  of  said  approaches  no  build- 
ing shall  be  erected  except  steps,  piazzas,  bay  windows, 
porticos  and  other  similar  projections  from  buildings. 

Section  5.  All  the  proceedings  relating  to  the  taking 
of  lands  shall  be  the  same  as  in  the  case  of  land  taken 
for  highways  within  said  cities  respectively,  with  like 
remedies  to  all  parties  interested ;  and  all  proceedings  in 
the  estal)lishment  of  building  lines  shall  be  the  same  as 
are  now  or  may  l)e  hereafter  provided  by  law  in  the 
establishment  of  ))uilding  lines  on  public  ways,  wnth  like 
remedies  to  all  parties  interested ;  and  betterments  may 
be  assessed  for  the  construction  of  said  bridge  and  its 
approaches  in  each  city  in  like  manner  as  for  the  laying 
out  of  highways  under  the  betterment  acts  in  force  in 
each  city  respectively,  with  like  remedies  to  all  parties 
interested. 

Section  6.  All  costs,  damages  and  expenses  whatso- 
ever incurred  and  sustained  in  the  construction  of  the  said 
bridge  and  draw,  including  a  reasonable  compensation 
for  said  commissioners,  shall  be  borne  equally  by  said 
cities.  The  rate  of  compensation  of  said  commissioners 
and  the  times  for  the  payment  of  the  same  may  be  fixed 
by  any  justice  of  the  supreme  judicial  court. 


Acts,  1896.  — Chap.  315.  26^ 


Section  7.     In  case  any  vacancy  occurs  in  said  com-  Vacancy  in 
mission  by  reason  of  death,  resignation,  inability  to  serve,  '^**™"'*"°°- 
or  otherwise,  the  same  may  be  filled  from  time  to  time 
by  appointment  in  the  manner  hereinbefore  specified  in 
this  act. 

Section  8.     The  care  and  management  of  said  bridge  careandman- 
and  draw  shall  be  vested  in  two  persons,  one  from  each  bffdge^etc. 
city,  chosen  in  accordance  with  such  ordinances  as  said 
cities  shall  respectively  establish  ;  and  until  such  persons 
are  chosen  the  mayors  of  said  cities  shall  have  such  care 
and  management. 

Section   9.     While  the  said  bridge  is  in   process  of  [^°™"ify'°°^" 
construction   the  said  commissioners  from  time  to  time  amounts  re- 

111  ■•/.  1  pi'i  quired  or  each 

shall  certiiy  to  the  treasurer  or  each  city  the  amounts  city,  etc. 
required  of  each  city  respectively,  and  the  persons  to 
w^hom  said  amounts  shall  be  paid ;  and  each  city,  wnthin 
ten  days  of  the  time  when  said  certificates  are  given,  shall 
pay  to  the  several  parties  named  in  the  certificates  the 
several  amounts  respectively  charged  by  said  commis- 
sioners to  each  city. 

Section  10.  For  the  purpose  of  defraying  the  cost  of  Bridge  loan, 
said  bridge  and  approaches,  and  paying  all  expenses  and 
costs  incident  thereto,  each  of  said  cities,  as  either  may 
require,  from  time  to  time,  may  issue  scrip  or  bonds,  in 
excess  of  the  limit  allowed  by  law,  to  an  amount  not 
exceeding  two  hundred  thousand  dollars,  each  scrip  or  , 
bond  to  be  designated  on  the  face  thereof.  Bridge  Loan, 
in  payment  in  whole  or  in  part  of  the  expenses  and  cost 
incurred  by  it  under  this  act.  Such  scrip  or  bonds  may 
bear  interest,  payable  semi-annually,  at  a  rate  not  exceed- 
ing four  per  cent,  per  annum,  and  shall  be  payable  at 
such  time,  not  less  than  ten  nor  more  than  forty  years 
from  their  respective  dates,  as  shall  be  determined  by 
said  cities  by  votes  of  their  respective  city  councils  and 
expressed  upon  the  face  of  the  l)onds.  Said  cities  may 
sell  said  scrip  or  bonds,  or  any  part  thereof,  from  time 
to  time,  or  j^ledge  the  same  for  money  borrowed  for  the 
above  purposes  ;  but  the  same  shall  not  be  sold  or  pledged 
for  less  than  the  face  value  thereof.      The  provisions  of  ^•P-,;^;  §5  ^°, 

n       1  .  ^nd  11  to  apply. 

the  tenth  and  eleventh  sections  oi  chapter  twenty-nine 
of  the  Public  Statutes  shall,  so  far  as  applicable,  apply 
to  this  act. 

Section  11.     After  the  construction  of  the  said  bridge  Repair  of 
and  approaches  the  part  thereof  north  of  the  middle  line  fo^  d'a^iages/ ^ 


266 


Acts,  1896.  — Chaps.  316,  317. 


Repair  of 
bridge,  liability 
for  damages, 
etc. 


Enforcement, 
etc.,  of  pro- 
viBions. 


of  said  draw  shall  be  maintained  and  kept  in  repair  by 
the  city  of  Cambridge,  and  said  city  shall  be  liable  under 
the  limitations  of  law  for  all  damages  resulting  from  and 
recovered  by  reason  of  any  defect  or  want  of  repair  of 
the  same ;  and  the  part  of  the  bridge  and  the  approaches 
thereto  south  of  the  middle  line  of  said  draw  shall  be 
maintained  and  kept  in  repair  by  the  city  of  Boston,  and 
said  city  shall  be  lial)le  under  the  limitations  of  law  for 
all  damages  resulting  from  and  recovered  by  reason  of 
any  defect  or  want  of  repair  of  the  same  ;  and  the  expense 
of  operating  and  keeping  in  repair  said  draw  shall  be 
l)orne  equally  by  the  said  cities. 

Section  12.  The  supreme  judicial  court  or  any  jus- 
tice thereof,  and  the  superior  court  or  any  justice  thereof, 
shall,  in  term  time  or  vacation,  on  the  petition  of  any 
city,  corporation,  person  or  persons  interested,  or  of  the 
attorney  of  any  such  petitioner,  have  jurisdiction  in  equity 
or  otherwise  to  enforce  and  prevent  the  violation  of  any 
of  the  provisions  of  this  act. 

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

Approved  April  27,  1896. 

316  ^'^  -^CT  RELATIVE    TO   THE    TRAVELING   EXPENSES   OF   JUDGES  AND 
REGISTERS  OF  PROBATE  AND   INSOLVENCY. 

Be  it  enacted,  etc.,  as  foUoivs : 

Traveling  ex-  Section  1.     Froui  aiid  after  the  first  day  of  January 

and  registers  of  in  tlic  year  eighteen  hundred  and  ninety-six  there  shall 

fneoi'vency.        1)0  allowcd  and  paid  by  their  respective  counties,  to  each 

of  the  judges  and  registers  of  probate  and  insolvency,  the 

actual  and  proper  traveling  expenses  incurred  by  them 

in  the  discharge  of  their  duties  in  holding  courts  at  other 

places  than  the  county  seat,   upon  a  certified   itemized 

statement  of  such  expenses,  made  by  them  to  the  county 

commissioners  of  their  respective  counties  and  approved 

by  said  commissioners. 

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

Approved  April  27,  1896. 

Chan.SVI  -^^  ^^'^   relative   to   removals   from   the  REFORMATORY   PRISON 

FOR  WOMEN. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Any  prisoner  who  has  been  transferred 
from  the  industrial  school  for  girls  to  the  reformatory 
prison  for  women  may  be  removed  by  the  commissioners 


Chap. 


Certain  priaon- 
ers  may  be 
removed  from 
reformatory 
prison  for 
women. 


Acts,  1896.  — Chaps.  318,  319.  267 

of  prisons  from  said  prison  to  a  house  of  correction  or  to 
the  state  farm,  in  the  same  manner  as  removals  of  other 
prisoners  are  now  made  from  said  prison. 

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

Approved  April  27,  1896. 

An  Act  relative  to  the  filling  of  vacancies  in  assistant  r/Af/T^SIH 

ASSESSORSHIPS   FOR  THE   CITY   OF  LYNN.  "' 

Be  it  enacted,  etc. ,  as  follotvs  : 

Section  1.     If  any  person  who    is  elected  assistant  Board  of  assess- 
assessor  in  the  city  of  Lynn  fails  for  any  cause  to  accept  tain  vacancies. 
said  office,  or  any  assistant  assessor  in  said  city  resigns  • 
or  for  any  cause  becomes  disqualified  for  the  perform- 
ance of  the  duties  of  said  office,  the  board  of  assessors 
of  said  city  shall  elect  some  person,  a  legal  resident  in 
the  ward  in  which   said  vacancy  exists,  to  act  as  ward 
assessor  for  the  term  for  which  said  person  was  elected. 

Section  2.     All  acts   and  parts   of  acts  inconsistent  RepeaL 
herewith  are  hereby  repealed. 

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

Approved  April  27,  1896. 


ChapM9 


An  Act  relative  to  school  committees  in  towns. 
Be  it  enacted,  etc.,  as  follows : 

Section  twenty-six  of  chapter  forty-four  of  the  Public  p.  8.44.  §26, 
Statutes  is  hereby  amended  by  inserting  after  the  word  ^^^^ 
"  committee",  in  the  second  line,  the  words: — and  any 
town  in  which  Imllots  for  town  officers  are  provided  at 
the  expense  of  the  town  may  vote  to  so  change  the  num- 
ber of  its  school  committee  at  a  meeting,  other  than  the 
annual  meeting,  called  for  the  purpose  and  held  thirty 
days  at  least  ])efore  the  annual  meeting  at  Avhich  such 
change  is  to  become  operative,  —  so  as  to  read  as  fol- 
lows :  —  Section  26.     A  town  mav,  at  its  annual  meet-  sehooi  commit- 

.  1      A        •  T       •     •    1     j^i  '  1  f',  11    tees  in  towns, 

ing,  vote  to  increase  or  dimmish  the  number  oi  its  school  how  increased 
committee;  and  any  town  in  which  ballots  for  ^qt^.j^  ""^ '^'n^'"'^*^*"^- 
officers  are  provided  at  the  expense  of  the  towai  may 
vote  to  so  change  the  number  of  its  school  committee 
at  a  meeting,  other  than  the  annual  meeting,  called  for 
the  purpose  and  held  thirty  days  at  least  before  the 
annual  meeting  at  which  such  change  is  to  l^ecome  opera- 
tive. Such  increase  shall  be  made  by  adding  one  or  more 
to  each  class,  to  hold  office  according  to  the  tenure  of 


268  Acts,  1896.  — Chaps.  320,  321. 

the  class  to  which  they  are  severally  chosen.  Such  dim- 
inution shall  be  made  by  choosing,  annually,  such  num- 
ber as  will  in  three  years  eftect  it,  and  a  vote  to  diminish 
shall  remain  in  force  until  the  diminution  under  it  is 
accomplished.  Approved  April  27,  1896. 

CJl(lD.S20  -^^  ^^'^  KELATIVE   TO   PUBLIC    PARKS   IN   THE   CITY   OF    CAMBRIDGE. 

Be  it  enacted,  etc.,  as  folloivs: 
Taking  of  cer-         Section  1.     If  the  city  of  Cambrido-e,  under  the  au- 

tain  land  in  »'  .  ~  .  .       ,  , 

Cambridge  for  tliorlty  licretofore  granted  to  it,  should  deem  it  advisable 
to  take  and  hold  for  park  purposes,  and  should  hereafter 
take  and  hold  for  park  purposes,  by  purchase  or  other- 
wise, the  whole  or  any  part  of  the  land  in  said  city  which 
is  bounded  northerly  by  Western  avenue,  easterly  by 
Blackstone  street,  southerly  by  land  of  the  Cambridgeport 
Diary  Company,  easterly  again  by  said  land  last  named, 
southerly  again  by  the  northerly  line  of  Albro  street,  and 
westerly  by  the  westerly  line  of  Ampere  street,  including 
Ampere  street,  it  may  thereupon  exchange  for  other  land 
or  lands  any  land  or  lands  within  said  territory  now  owned 
or  held  by  it  or  which  it  may  hereafter  for  park  purposes 
take  and  hold,  by  purchase  or  otherwise,  including  Am- 
pere street,  upon  such  terms  and  agreements  and  in  such 
manner  as  may  be  mutually  agreed  upon  between  said  city 
and  the  owner  or  owners  of  such  lands,  or  it  may  sell  and 
convey  the  lands  so  taken  and  held,  or  any  part  thereof. 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  27,  1896. 

(JJian.^2t\.  ^^  ^^^  RELATIVE  TO  RAISING  THE  GRADE  AND  CHANGING  THE 
LOCATION  OF  THE  PROVIDENCE  DIVISION  OP  THE  NEW  YORK,  NEW 
HAVEN   AND   HARTFORD   RAILROAD   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  folloivs: 

^e^uluiTr  °de  Section  1 .     Thc  comuiissioncrs  appointed  by  the  supe- 

cro88ings  in  rior  coui't,  upoii  the  petition  of  the  directors  of  the  Old 
Colony  Railroad  Company,  for  the  alteration  of  the  grade 
crossings  of  the  railroad  of  that  company  and  Tremont 
street  in  the  city  of  Boston,  and  subsequently  authorized 
by  chapter  four  hundred  and  thirty-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two  to  prescribe 
the  manner  in  which  all  the  grade  crossings  of  the  main 
line  of  the  railroad  of  said  company  and  highways  in  the 
city  of  Boston   between   Chester   park  and   Blakemore 


Acts,  1896.  — Chap.  322.  269 

street  should  be  abolished,  or  such  other  commissioners  Abolition  of 
as  may  be  appointed  by  the  court  for  such  })urpose,  arc  croBslng^sTn* 
hereby  authorized  to  consider  whether  puljlic  necessity  ^°^^°^' 
and  convenience  require  any  additional  land  to  be  taken 
for  railroad  or  highway  purposes  in  connection  with  the 
abolition  of  such  crossings,  and  if  so  to  prescribe  the 
limits  within  which  the  same  may  be  taken.  And  said 
commissioners  are  also  authorized  to  prescribe  the  man- 
ner in  which  the  other  grade  crossings  on  the  Providence 
division  of  the  New  York,  New  Haven  and  Hartford  Kail- 
road  Company  in  the  city  of  Boston  shall  be  abolished, 
and  they  shall  make  a  supplemental  report  in  regard  to 
the  taking  of  such  additional  land  and  the  abolition  of 
such  other  crossings.  The  acceptance  of  such  supple- 
mental report  shall  be  a  taking  of  the  land  required  to  be 
taken  for  railroad  and  highway  purposes,  as  therein  speci- 
fied, and  all  the  provisions  of  the  acts  to  which  this  act  is 
an  addition  shall  l)e  applicable  to  such  report  and  taking, 
and  to  the  payment  of  the  expense  of  making  the  changes 
required  thereby,  in  the  same  manner  as  though  said 
report  had  been  authorized  by  the  acts  to  which  this  act 
is  an  addition  and  had  been  included  in  and  made  a  part 
of  the  reports  heretofore  filed  and  confirmed. 

Section  2.     This  act  shall  take  eflfectupon  its  passage. 

Approved  Ap>ril  27,  1896. 


Chajy^.^ 


An  Act  making  appropriations  for  the  topographical  sur- 
vey AND  map  of  MASSACHUSETTS,  THE  MASSACHUSETTS  EYE  AND 
EAR  INFIRMARY,  AND  FOR  CERTAIN  OTHER  EXPENSES  AUTHORIZED 
BY   LAW. 

Tie,  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  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  the  compensation  of  judges  of  probate  and  insol-  "^"(fifa7e°nd 
vency,  for  preparing  rules  of  practice  and  procedure  in  insolvency. 
courts  of  probate  and  insolvency,  as  authorized  by  chap- 
ter one  hundred  and  ninety-four  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  twenty-five  hundred  dollars. 

For  expenses  in  connection  with  the  funeral  of  Frederic  Funeral  of 
T.  Greenhalge,  late  governor  of  the  Commonwealth,  as  Greenhaige. 


270 


Acts,  1896.  — Chap.  322. 


War  records. 


Drawing  in 
public  schools. 


Commissioners 
on  topographi- 
cal survey. 


Course  of 
studies  for 
elementary 
schools. 


Report  of  com- 
raiesioner  of 
public  records. 


Report  on 
condition  of 
Charles  river. 


Liza  Hemmen- 
way. 


Massachusetts 
Charitable  Eye 
and  Ear  In- 
firmary. 


Abandoned 
farms. 


Lunatic  hospi 
tal  at  North- 
ampton. 


authorized  by  chapter  twenty-one  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  completing  the  index  of  the  war  records  and  re- 
writing the  war  record  books  in  the  office  of  the  adjutant 
general,  as  authorized  by  chapter  twenty-two  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  twenty- 
five  hundred  dollars. 

For  the  publication  of  an  outline  of  lessons  in  drawing 
for  ungraded  schools,  as  authorized  by  chapter  twenty- 
three  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  one  hundred  and  fifty  dollars. 

For  the  expenses  of  the  commissioners  on  the  topo- 
grapical  survey  and  map  of  Massachusetts,  as  authorized 
hy  chapter  twenty-four  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  fifteen  thousand  one  hundred  dollars. 

For  the  publication  of  a  new  edition  of  the  course  of 
studies  for  elementary  schools,  as  authorized  by  chapter 
twenty-five  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  two  hundred  and  fifty  dollars. 

For  printing  extra  copies  of  the  seventh  report  of  the 
commissioner  of  public  records,  as  authorized  by  chapter 
twenty-six  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  forty-tAvo  dollars. 

For  printing  and  binding  two  thousand  copies  of  the 
report  of  the  joint  board,  consisting  of  the  metropolitan 
park  commission  and  the  state  board  of  health,  on  the 
condition  of  the  Charles  river,  as  authorized  by  chapter 
twenty-seven  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  two  thousand  dollars. 

For  Liza  Hemmenway,  a  member  of  the  Hassanamisco 
tribe  of  Indians,  as  authorized  by  chapter  twenty-eight 
of  the  resolves  of  the  present  year,  the  sum  of  three 
hundred  dollars. 

For  the  Massachusetts  Charitable  Eye  and  Ear  Infirm- 
ary, as  authorized  hy  chapter  twenty-nine  of  the  resolves 
of  the  present  year,  the  sum  of  twenty  thousand  dollars. 

For  the  collection  and  circulation  of  information  re- 
lating to  abandoned  farms,  as  authorized  by  chapter 
thirty-one  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  one  thousand  dollars. 

For  certain  improvements  at  the  state  lunatic  hospital 
at  Northampton,  as  authorized  by  chapter  thirty-two  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 


Acts,  1896.  — Chap.  322.  271 

For  printing  extra  copies  of  the  report  of  the  Massa-  Report  of 
chusetts  highway  commission,  as  authorized  by  chapter  highway"com!' 
thirty-three  of  the  resolves  of  the  present  year,  a  sum  ™i"'o°- 
not  exceeding  two  hundred  and  seventy  dollars. 

For  Mary  O.  Johnson,  as  authorized  by  chapter  thirty-  Maryo. 
four  of  the  resolves  of  the  present  year,  the  sum  of  eight- 
een hundred  sixty  dollars  and  twenty-two  cents. 

For  additional  copies  of  the  report  of  the   board  of  ^o7and°ian"' 
harbor  and    land    commissioners   for  the   year  eighteen  commissioners. 
hundred  and  ninety-iive,  as  authorized  by  chapter  thirty- 
five  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing one  hundred  and  eighty-two  dollars. 

For  furnishing  certain  books  to  the  town  of  Duxl)ury,  Books  to  town 
as  autliorized  by  chapter  thirty-six  of  the  resolves  of  the  °     "^  "'^^' 
present  year,  a  sum  not  exceeding  three   hundred  and 
twenty-six  dollars. 

For  Michael   Harran,  the  sum  of  thirty-five   dollars;  Michael Harran 
and  for  the  town  of  Westfield,  the  sum  of  ten  dollars  ;  westalid." 
said  amounts   being  authorized   by  chapter  thirty-seven 
of  the  resolves  of  the  present  year. 

For  Robert  T.  Swan,  as  authorized  by  chapter  thirty-  Robert  t. 
nine   of  the   resolves  of  the   present  year,  the   sum   of  ^"*°' 
fourteen  dollars  and  fifty-six  cents. 

For  furnishing  the  new  buildings  of  the  Medfield  insane  Medfieid  insane 
asylum,  as  authorized  by  chapter  forty-one  of  the  resolvet 


asylum. 


of  the  present  year,  a  sum  not  exceeding  thirty  thousand 
dollars. 

For  printing  additional   copies   of  the   report  of  the  Report  of 
board  of  registration  in  medicine,  as  authorized  hy  chap-  registration 
ter  forty-two  of  the  resolves  of  the  present  year,  a  sum  '°  ™«'i''='°e- 
not  exceeding  fifteen  dollars. 

For  erecting  in  the  state  house,  or  on  the  state  house  statue  of 
grounds,  an  equestrian  statue  in  bronze  of  the  late  Major  jJ^sl^'p'^hHooke'r. 
General  Joseph  Hooker,  as  authorized  hy  chapter  forty- 
three   of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  fifty  thousand  dollars. 

For  clerical  assistance  in  the  office  of  the  register  of  clerical 
probate  and  insolvency  for  the  county  of  Hampden,  as 
authorized  by  chapter  two  hundred  and  nineteen  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  six  hundred 
dollars. 

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

Approved  April  27,  1896. 


272 


Acts,  1896.  — Chaps.  323,  324. 


May  authorize 
the  conveyance 
of  real  estate. 


CAax>.323  -^^  ^^'^  "^^  authorize  the  first  congregational  church  of 

NANTUCKET   TO   SELL   ITS   LANDS. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1 .  The  religious  society  in  Nantucket  known 
as  the  First  Congregational  Church  may  at  any  meeting, 
in  the  call  for  which  notice  has  been  given  of  the  object 
of  the  meeting,  hy  majority  vote  authorize  one  or  more 
persons  in  its  name  and  behalf  to  sell  and  convej'^  any 
real  estate  belonging  to  it,  and  any  recitals  by  such  per- 
sons in  the  conveyances  made  by  them  that  they  have 
been  duly  authorized  to  make  such  conveyances  shall  be 
prima  facie  evidence  of  that  fact. 

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

Approved  April  27,  1896. 


Ch(Xp.324:  An    -'^CT    to    EXTEND    THE    TIME    FOR    TAKING    LAND    FOR   A    PUBLIC 

PARK  IN   THE   CITY   OF   SOMERVILLE. 


1893,  188,  §  1, 
amended. 


May  take  cer- 
tain land  for  a 
public  park. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  one  of  chapter  one  hundred  and 
eighty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  striking  out  the  word 
"three",  in  the  second  line,  and  inserting  in  place  thereof 
the  word  :  — six,  —  so  as  to  read  as  follows  :  — Section  1. 
The  city  of  Somerville  by  its  city  council  may,  at  any  time 
within  six  years  after  the  passage  of  this  act,  take,  main- 
tain and  hold,  in  fee  or  otherwise,  and  by  gift,  upon  such 
conditions  as  the  city  council  may  deem  advisable,  or  by 
purchase  or  otherwise,  for  the  purpose  of  a  public  park, 
Wyatt's  pit,  so-called,  located  in  ward  two  of  said  city 
and  near  to  and  southerly  of  Washington  street,  and  near 
to  and  southwesterly  of  the  Fitchburg  railroad,  and  so 
much  as  said  city  council  shall  from  time  to  time  deem 
advisable,  of  the  lands  comprised  within  said  Wyatt's  pit, 
or  adjacent  thereto  or  in  the  vicinity  thereof,  and  com- 
prised within  the  tract  containing  one  hundred  fifty-four 
thousand  four  hundred  square  feet,  more  or  less,  now  or 
formerly  owned  by  the  North  Packing  and  Provision 
Company  and  Charles  Linehan,  and  within  the  tract 
containing  two  hundred  thirty-six  thousand  three  hun- 
dred and  ninety  square  feet,  more  or  less,  and  formerly 
owned  by  Daniel  A.  Sanborn  and  known  as  the  Sanborn 
field. 


Acts,  1896.  — Chap.  325.  273 

Section  2.     Section  four  of  said  chapter  one  hundred  i893.j88,§4, 

.  A  amended. 

and  eighty-eight  is  hereby  amended  ])y  striking  out  the 

words  "laying  out  or  maintaining",  in  the  second  line, 

and  inserting  in   place  thereof  the  words: — or   laying 

out, — so  as  to  read  as  follows  :  —  Section  4.     No  money  no  money  to  be 

shall  be  appropriated  at  any  time  for  the  taking,  pur-  excJpfupon'two 

chasing  or  laying  out  of  said  park,  except  upon  a  two  city'lrouncu?^ 

thirds  vote  of  each  branch  of  the  city  council,  taken  liy 

yea  and  nay. 

Section  3.     This  act,  except  as  provided  in  the  fol-  uponaccepu' 
lowing  section,  shall  not  take  effect  unless  accepted  l)y  '*°'=''- 
said  city  of  Somerville  upon  a  majority  vote  of  each  branch 
of  the  city  council,  taken  hj  yea  and  nay. 

Section  4.     So  much  of  this  act  as  authorizes  the  sub-  submission  of 
mission  of  the  question  of  its  acceptance  to  the  city  coun-  acceptance. 
cil  of  Somerville  shall  take  effect  upon  its  passage. 

Approved  April  27,  1896. 

As  Act  to  authorize  the  city  of  lowell  to  incur  indebted-  (^Jjrfrt  SS't! 

NESS    BEYOND    THE    LIMIT    FIXED    BY   LAW,   FOR    THE    PURPOSE    OF 
ERECTING  NEW   SCHOOL   BUILDINGS. 

Be  it  enacted,  etc.,  as  follotvs  : 

Section  1.     The  city  of  Lowell,  for  the  purpose  of  May  incur  in. 
purchasing  land  and  erecting  thereon  new  school  build-  yond  debt  limit, 

.  ••1-j.  •  'iiji  J  .   issue  bonde,  etc. 

mgs  in  said  city,  may  incur  indebtedness  to  an  amount 
not  exceeding  two  hundred  thousand  dollars  beyond  the 
limit  of  indebtedness  fixed  l)y  law  for  said  city,  and  may 
from  time  to  time  issue  negotiable  notes,  bonds  or  scrip 
therefor,  properly  denominated  on  the  face  thereof,  and 
signed  by  its  treasurer  and  countersigned  by  its  mayor, 
payable  in  periods  not  exceeding  thirty  years  from  the 
date  of  issue,  and  bearing  interest  at  a  rate  not  exceeding 
four  per  cent,  per  annum. 

Section  2.  The  provisions  of  chapter  twenty-nine  p.  8.29,  etc., 
of  the  Public  Statutes  and  of  chapter  one  hundred  ^°  ''^^'^' 
and  twenty-nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-four  shall  otherwise  apply  to  the  issue 
and  sale  of  such  bonds,  notes  or  scrip,  and  to  the  es- 
tablishment of  a  sinking  fund  for  the  payment  thereof  at 
maturity. 

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

Approved  Apjril  27,  1896. 


274  Acts,  1896.  — Chaps.  326,  327,  328. 

Ghap.^'2iQ  -^N  Act  relative  to  extra  clerical  assistance  in  the  office 

OF  THE    TREASURER  AND    RECEIVER    GCENERAL    OF   THE    COMMON- 
WEALTH. 

Be  it  enacted.,  etc. ,  as  follows : 

^fseilunce"*'"'  Section  1 .  TliG  treasurer  and  receiver  general  of  the 
Commonwealth  may  expend  for  such  extra  clerical  assist- 
ance in  his  office  as  may  be  necessary  for  the  proper 
despatch  of  })ublic  business,  a  sum  not  exceeding  twenty- 
five  hundred  dollars  a  year,  in  addition  to  the  amounts 
now  authorized  by  law. 

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

Approved  April  27^  1896. 

Chap.i^^/T  A^  -^CT  TO  IMPOSE  A  PENALTY  FOR  REFUSAL  TO  MAKE  REPORTS 
OR  FOR  MAKING  FALSE  REPORTS  TO  THE  BOARD  OF  COMMISSIONERS 
OF   SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  follows: 

makiDf  false  ^"7  officcr,  agcut,  clcrk  or  servant  of  a  corporation, 

BtatemeDt,  etc.,  yyj^Q  refuscs  or  neo'lects  to  make  any  report  or  statement 
ers  of  savings  lawfuliy  required  by  the  Doard  ot  commissioners  of  sav- 
ings  l)anks,  or  who  knowingly  makes  a  false  report  or 
statement  to  such  board,  shall  be  punished  by  imprison- 
ment in  the  house  of  correction  for  a  term  not  exceeding 
three  years,  or  by  fine  not  exceeding  one  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment. 

Approved  April  27,  1896. 

Chan.32S  -^^    ■^^'^     '^^     authorize     the     sale    of     a    meeting     house    AND 

GROUNDS  IN   THE   TOWN   OF   DOUGLAS. 

Be  it  enacted,  etc.,  as  folloics: 

uhfiaud  wiih         Section  1.     The  owners  of  the  tract  of  land,  with  a 

in"'et'c^""'^"     church  Ijuilding  thereon,  situated  on  the  south  side  of 

Main  street  in  the  village  of  P^ast  Douglas  in  the  town  of 

Douglas,  bounded  and  described  in  a  deed  from  Nahum 

Legg  to  Parley  Brown  and  Caleb  Legg,  dated  on  the 

eighteenth  day  of  June  in  the  year  eighteen  hundred  and 

forty-two  and  recorded  in  l)ook  three  hundred  and  seventy, 

page  two  hundred  and  seventy-three,  of  Worcester   land 

records,  may  sell  and  convey  the  same  free  and  discharged 

from  all  trusts,  and  shall  give  the  proceeds  to  the  New 

England  Conference  of  the  Methodist  Episcopal  Church. 

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

Approved  April  27,  1896, 


Acts,  1896.  — Chaps.  329,  330,  331.  275 

An  Act  to  extend  the  provisions  of  an  act  authorizing  the  r^i        qoq 

TOWN   OF   "WHITMAN  TO   TAKE   AN  ADDITIONAL   WATER   SUPPLY.  -^   * 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     The  provisions  of  chapter  four  hundred  ex°endl°d^ 
and  forty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  are  hereby  extended  for  the  period  of 
three  years  from  and  after  the  ninth  day  of  June  in  the 
year  eighteen  hundred  and  ninety-six. 

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

Approved  April  27,  1896. 

An  Act  making  an  appropriation  for  dredging  m  boston  Oltftrt  SSO 

HARBOR.  "' 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  sum  of  one  hundred  and  fifty  thou-  Dredging  in 
sand  dollars  is  hereby  appropriated,  to  be  paid  out  of  the  Boston  harbor. 
treasury  of  the  Commonwealth,  to  be  expended  by  the 
board  of  harbor  and  land  commissioners  in  connection 
with  the  income  of  the  Harlior  Compensation  Fund,  in 
deepening  l)y  dredging  such  areas  in  Boston  harl)or  lying 
below  the  bridges  and  between  the  main  ship  channel  and 
a  line  fifty  feet  outside  of  the  harbor  line,  as  said  board 
may  deem  wise  and  proper. 

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

Approved  April  28,  1896. 

An  Act  to  provide  clerical  assistance  for  the  clerk  of  r^-i        oo-i 

THE   police   court   OF   SPRINGFIELD.  ^  ' 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.  The  clerk  of  the  police  court  of  Spring-  clerical 
field  shall  be  allowed  for  clerical  assistance,  upon  his  "*"^'^'"=®- 
certificate  that  the  work  was  actually  performed  and  was 
necessary,  with  the  time  occupied  and  the  names  of  the 
persons  by  whom  the  work  was  performed,  such  sums, 
not  exceeding  three  hundred  dollars  in  any  one  year,  as 
the  county  commissioners  for  the  county  of  Hampden, 
by  a  writing  signed  by  them,  approve.  Said  sums  shall 
be  paid  from  the  treasury  of  said  county  monthly  to  the 
person  or  persons  employed. 

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

Approved  April  28,  1896. 


276 


Acts,  1896.  — Chaps.  332,  333. 


Chau  332  ^^  ^'^'^  relative  to  the  licensing  and  regulating  of  stables 

"'  IN   CITIES 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Section  one  of  chapter  two  hundred  and 
thirteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  striking  out  in  the 
third  line,  the  word  "fifty",  and  inserting  in  place 
thereof  the  word: — twenty-five,  —  so  that  said  section 
as  amended  will  read  as  follows: — Section  1.  No  per- 
son shall  hereafter  erect,  occupy  or  use  for  a  stable  any 
building  in  any  city  whose  population  exceeds  twenty-five 
thousand,  unless  first  licensed  so  to  do  by  the  board  of 
health  of  said  city,  and  in  such  case  only  to  the  extent 
so  licensed. 

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

Approved  April  28,  1896. 


1895,  213,  §  1, 
amended. 


The  erection, 
etc.,  of  Btables 
in  certain  cities 
regulated. 


Chap 


The  Union 
Society  and 
Salera  Street 
Society  of 
Worcester 
may  unite. 


Union  Society 
of  the  City  of 
Worcester, 
powers, 
privileges,  etc. 


First  meeting. 


^^^  An  Act  to  authorize  the  union  society  and  the  salem  street 
society  of  the  city  of  worcester  to  unite. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  1 .  The  Union  Society  of  the  city  of  Worces- 
ter and  the  Salem  Street  Society  of  said  city  are  hereby 
authorized  to  unite  with  each  other,  upon  such  terms  as 
have  been  or  may  be  mutually  agreed  upon  by  the  vote 
of  said  corporations  at  meetings  called  for  that  purpose  ; 
and  such  votes  so  passed  by  said  corporations  respec- 
tively shall  be  efiectual  to  unite  said  corporations  within 
the  intent  and  meaning  of  this  act. 

Section  2 .  The  name  of  the  united  corporation  author- 
ized by  this  act  shall  be  the  Union  Society  of  the  City  of 
Worcester,  and  said  corporation  shall  have  and  enjoy  all 
the  franchises,  powers,  privileges,  property  and  rights 
of  every  kind  belonging  to  the  said  Union  Society  and 
the  said  Salem  Street  Society,  or  either  of  them,  and  shall 
assume  and  be  subject  to  all  the  duties,  debts  and  liabili- 
ties of  said  corporations,  or  either  of  them,  and  shall  be 
subject  to  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  religious  corporations. 

Section  3 .  The  first  meeting  of  the  corporation  hereby 
authorized  to  be  established,  for  the  purpose  of  organiz- 
ing said  corporation  by  the  adoption  of  by-laws  and  the 
election  of  officers,  may  be  called  by  the  chairmen  of  the 


Acts,  1896.  — Chap.  334.  277 

standing  committees  of  said  existing  corporations,  or  by 
any  two  of  them,  and  notice  shall  be  given  of  the  time 
and  place  of  said  meeting  by  posting  up  a  copy  of  said 
call  ui)on  the  principal  outer  door  of  the  meeting  house 
of  each  of  said  existing  corporations  seven  days  at  least 
before  the  day  of  said  meeting ;  and  a  certificate,  signed 
and  sworn  to  by  said  chairmen  and  recorded  by  the  clerk 
of  said  united  corporation  upon  its  book  of  records  that 
such  notice  was  given  shall  be  evidence  thereof. 

Section  4.     The  books  of  record  and  other  books  and  Record ''itc 
papers  of  said  existing  corporations  shall  be  and  remain 
the  property  and  under  the  control  of  said  united  cor- 
poration.    A  certified  copy  of  the  vote  of  each  of  said  etc^^t°^i,e°'^' 
existing  corporations,  agreeing  to  the  union  authorized  recorded, 
by  this  act,  and  a  certificate  of  the  organization  of  the 
corporation  hereby  authorized,  signed  by  the  presiding 
and  recording  officers,  shall  be  recorded  in  the  Worces- 
ter district  registry  of  deeds,  and  said  record  shall  be 
evidence  of  the  establishment  of  said  united  corporation. 

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

Approved  Ajyril  28,  1896. 

An  Act  relative  to  the  weekly  payment  of  wages  by  con-  QJinj)  334 

TRACTORS. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .  Section  one  of  chapter  four  hundred  and  3^5^,^^^'  ^  ^' 
thirty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  l)y  inserting  after  the  word 
"to",  in  the  fourth  line,  the  words: — all  contractors 
and  to,  —  also  by  inserting  after  the  word  "such",  in  the 
eighth  line,  the  word  :  —  contractors,  —  so  that  the  section 
as  amended  will  read  as  follows  :  —  Section  1.  Sections  weekiy  pay- 
fifty-one  to  fifty-four,  inclusive,  of  chapter  five  hundred  ™y  contrraors, 
and  eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  relative  to  the  weekly  payment  of  wages  by 
corporations,  shall  apply  to  all  contractors  and  to  any 
person  or  partnership  engaged  in  this  Commonwealth  in 
any  manufacturing  business  and  having  more  than  twenty- 
five  employees.  And  the  word  "corporation",  as  used 
in  said  sections,  shall  include  such  contractors,  persons 
and  partnerships. 

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

Ai^proved  April  28,  1896. 


etc. 


278  Acts,  1896.  — Chaps.  335,  336,  337,  338. 


ChaD,SS5  -'^^   ^^^   '^^   AUTHORIZE    THE   APPOINTMENT   OF    AN    EXAMINER    FOR 

THE   INSURANCE   DEPARTMENT. 

Be  it  enacted,  etc.,  as  folloios : 

misBio^'nei^may'       Section   1.     The    iusurance  commissioner  is    hereby 
appoint  an         authorizetl   to   appoint,    in    the    same    manner    in   which 

examiner.  '    •  r.    -i  ^ 

under  the  provisions  of  law  he  may  appoint  a  deputy 
commissioner,  an  examiner  for  the  insurance  department, 
at  an  annual  salary  of  two  thousand  dollars. 

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

Approved  April  28,  1896. 

njian.SSQ  -^N  -^CT    MAKING   AN  APPROPRIATION    FOR    CONTINUING    THE   WORK 

OF   EXTERMINATING   THE   GYPSY   MOTH. 

Beit  enacted,  etc.,  as  follows: 

Extermination        Section  1 .     The  sum  of  tell  tliousand  dollars  is  'hereby 
moth.  ■  appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 

monwealth  from  the  ordinary  revenue,  to  be  expended 
under  the  direction  of  the  state  board  of  agriculture  for 
continuing  the  work  of  extermination  of  the  gypsy  moth. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1896. 


Chap.mi 


An  Act  providing  for  a  clerk  for  the  district  court  of 
eastern  hampden. 

Be  it  enacted,  etc.,  as  follows  : 

Clerk  of  district      Section  1.     There    shall   be    a  clerk   of  the    district 

court  of  eastern  tt  i  i  i      11 

Hampden.         coui't  of  castcm  Hampden,  who  shall  receive  an  annual 
salary  of  live  hundred  dollars  from  and  after  the  first  day 
of  April  in  the  year  eighteen  hundred  and  ninety-six. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  28,  1896. 

GhcW.SSS         ^^  ^^^  RELATIVE   TO   ACCIDENTS   FROM   GAS   OR   ELECTRICITY. 

Be  it  enacted,  etc.,  as  follows  : 

dints'causcd  b  SECTION  1.  The  chicf  of  police  in  any  city  or  town 
gas  or  electricity  aud  the  mcdical  examiner  in  any  district  in  which  a  per- 
to  gas  and  eiec-  SOU,  corporatioii  or  municipality  is  engaged  in  the  busi- 
missioners?'"'  ucss  of  manufacturing  and  selling  gas  or  electricity  for 
lighting  or  for  fuel,  shall  make  a  written  report  to  the 
board  of  gas  and  electric  light  commissioners  of  every 


Acts,  1896.  — Chaps.  339,  340.  279 

accident  caused  by  the  gas  or  electricity  manufactured  or 
supplied  by  such  person,  corporation  or  municipality, 
whereby  any  person  shall  sufler  bodily  injury  or  loss  of 
life  or  be  rendered  insensible,  stating  the  time,  place  and 
circumstances  of  the  accident.  Such  report  shall  l)e  made 
hy  the  chief  of  police  within  twenty-four  hours  and  by 
the  medical  examiner  within  seven  days  after  notice  of 
said  accident. 

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

Approved  April  28,  1896. 


Chap^m 


An  Act  to  prevent  immokal  shows  and  entertainments. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.     Whoever  in  connection  with  any  show  or  penalty  for 
entertainment,  whether  pul)licor  private,  either  as  owner,  griphfeu!°°' 
manager  or  director,  or  in  any  other  capacity,  uses  or  o^b^gc^e "^1™. 
causes  or  permits  to  be  used,  a  phonograph  or  other  con-  "^^^^  language, 
trivance,  instrument  or  device,  which  utters  or  gives  forth 
any  profane,  obscene  or  impure  language,  shall  be  pun- 
ished by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  in  the  house  of  correction  or  jail  not  ex- 
ceeding one  year,  or  ])y  ])oth  such  fine  and  imprisonment. 

Section  2.     Whoever   as    owner,  manager,   director,  Penalty  for 
agent,    or  in   any   other   capacity,    prepares,   advertises,  et^J.^nTn"^' 
gives,  presents  or  participates  in  any  ol)scene,  indecent,  llTdecent show. 
immoral   or   impure    show   or   entertainment,   or  in  any 
show  or  entertainment  manifestly  tending  to  corrupt  the 
morals  of  youth,  shall  be  punished  by  a  fine  not  exceed- 
ing five  hundred  dollars,  or  by  imprisonment  in  the  jail 
or  house  of  correction  not  exceeding  one  year,  or  by  both 
such  fine  and  imprisonment. 

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

Approved  April  28,  1896. 


ChapMO 


An  Act  to  authorize  the  city  of  newton  and  the  tom^n  of 
brookline  to  make  contracts  for  the  disposal  of  sewage. 

Be  it  enacted,  etc.,  as  foUovjs  : 

Section  1.     The  town  of  Brookline  and  the  city  of  Difposaiof 

.  -J  sewage  from 

Newton  are  hereby  authorized  and  empowered  to  enter  Newton  into 
into  any  contracts,  upon  such  terms  as  may  be  mutually  sewers  of 
agreed  upon,  for  the  disposal  of  sewage  from  said  city  of 
Newton   into  and  through  the  sewers   of  said  town  of 
Brookline  ;  and  when  such  contracts  have  been  duly  made 


280 


Acts,  1896.  — Chaps.  341,  342. 


To  rebuild 
bridge  over 
Taunton  Great 
River  between 
Dlghton  and 
Berkley,  etc. 


and  executed  said  city  of  Newton  is  hereby  authorized  to 
dispose  of  its  sewage  into  and  through  said  sewers  of  the 
town  of  Brookline. 

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

^^^7-0^6^  April  28,  1896. 

OAft».341   A^   -^CT  TO   PROVIDE   KOR  REBUILDING  THE  BRIDGE  OVER  TAUNTON 
GREAT  RIVER  BETWEEN  DIGHTON   AND    BERKLEY. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  county  commissioners  of  the  county 
of  Bristol  are  hereby  authorized  and  required  to  rebuild 
the  liridge  over  Taunton  Great  River,  between  the  towns 
of  Dighton  and  Berkley  in  said  county,  and  to  replace  the 
bridge  there  now  existing  with  an  iron  or  steel  structure, 
and  with  a  suitable  and  convenient  draw  for  the  passage 
of  vessels ;  and  said  commissioners  after  due  public 
notice  and  hearing  may  assess  the  cost  thereof  upon  said 
county  and  such  cities  and  towns  therein  as  in  their 
judgment  derive  a  special  benefit  therefrom,  or  they  may 
assess  the  whole  cost  of  the  same  upon  said  county  if 
deemed  by  them  just  and  reasonable ;  and  after  said 
bridge  has  been  reconstructed  the  cost  of  maintaining 
and  repairing  the  same  and  of  tending  the  draw  shall  be 
paid  by  said  covinty,  or  hy  such  cities  and  towns  therein 
as  said  commissioners  shall  determine,  or  partly  by  said 
county  and  by  said  cities  and  towns,  and  in  such  pro- 
portions as  said  commissioners  shall  determine.  All 
work  done  under  this  act  shall  lie  subject  to  the  pro- 
visions of  chapter  nineteen  of  the  Public  Statutes. 

Section  2.  The  county  commissioners  of  said  county 
are  authorized  to  borrow  on  the  credit  of  said  county  a 
sum  not  exceeding  twenty-live  thousand  dollars,  for  the 
purpose  of  carrying  into  effect  the  provisions  of  this  act. 

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

Approved  April  28,  1896. 

C7iap.S4:2  ^  Act  RELATIVE   TO   LEGISLATIVE   COUNSEL   AND   AGENTS. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.  Legislative  counsel  and  agents  who  are 
required  by  section  one  of  chapter  four  hundred  and  fifty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  ninety, 
or  ])y  any  acts  in  addition  thereto  or  in  amendment 
thereof,  to  have  their  names  entered  upon  the  legislative 


Subject  to 
P.  8.  19. 


To  borrow 
on  credit  of 
county. 


Legislative 
counsel  and 
agents  to  tile 
written  autbori- 
zation  to  act. 


Acts,  1896.  — Chaps.  343,  344.  281 

docket,  shall  file  with  the  sergeant-at-arms  of  the  general 
court,  within  ten  days  from  the  date  of  making  such 
entry,  a  written  authorization  to  act  as  such  counsel  or 
agents,  signed  by  the  person  or  corporation  for  whom 
they  claim  to  act. 

Section  2.  Any  legislative  counsel  or  agent  who  fails  Penalty, 
to  comply  with  the  provisions  of  this  act  shall  l)e  fined 
not  more  than  one  thousand  dollars,  or  shall  be  declared 
by  the  court  trying  the  case  to  be  disqualified  from  acting 
as  legislative  counsel  or  agent  for  the  period  of  three 
years,  or  may  be  punished  by  both  such  fine  and  disquali- 
fication. 

Section  3.     It  shall  be  the  duty  of  the  attorney-gen-  ProBecutions. 
eral,  upon  information  thereof,  to  institute  prosecutions 
for  the  violation  of  the  provisions  of  this  act. 

Ajyproved  April  28,  1896. 

An  Act  regulating  the  placing  of  traversing  machinery  f^Jfr/iry  S4S 

IN   COTTON   factories.  ■^' 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     No  traversing  carriage  of  any  self-acting  uee  of  travers- 
mule  in  any  cotton    factory  shall   be  allowed   to  travel  in^co?ron  facto. 
within  twelve  inches  of  any  pillar,  column,  pier  or  fixed  r^es  regulated. 
structure,  provided  that  this  section  shall  only  apply  to 
factories  erected  after  the  passage  of  this  act. 

Section  2.     K  the  provisions  of  this  act  are  violated  Penalty, 
in  any  such  cotton  factory  the  owner  of  such  factory  shall 
be  punished  liy  a  fine  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars  for  each  offence. 

Approved  April  28,  1896. 


Chap.dU 


An  Act  to   provide  for  the   punishment   of    convicts   who 

WILFULLY    destroy  PROPERTY  AT   THE   STATE   PRISON,  REFORMA- 
TORIES  AND   HOUSES   OF   CORRECTION. 

Be  it  enacted,  etc.,  as  folloivs: 

If  a  convict  in  the  state  prison,  the  reformatory  prison  Penalty  for 
for  women,  the  Massachusetts  reformatory,  or  any  house  efc./of"property 
of  correction,  wilfully  or  wantonly  destroys  or  injures  the  ^y '=°°'"'='*- 
property  of  the  Commonwealth,  or  of  any  county,  or  the 
property   of  any   person    who    furnishes    materials    for 
the  employment  of  the  prisoners  in  any  of  said  institu- 
tions, such  convict  may  he  })unished  by  imprisonment  for 
not  less  than  six  months   nor   more  than  three  years. 


282  Acts,  1896.  — Chaps.  345,  346. 

Offences  under  this  act  committed  in  the  state  prison 
shall  be  punished  by  imprisonment  therein,  and  offences 
committed  in  the  reformatory  prison  for  women,  the 
Massachusetts  reformatory  or  any  house  of  correction, 
shall  be  punished  by  imprisonment  in  the  house  of  correc- 
tion. Apinoved  April  28,  1896. 


Chap.34:5 


An  Act  relative  to  state  highways. 
Be  it  enacted,  etc.,  asfollovjs: 
Construction,         SECTION  1 .     Whcu  a  highway  is  laid  out  as  a  state  road 
highways.         tlic  Massacliusctts   highway   commission  shall    construct 
and  maintain  that  portion  of  the  way  between  the  inside 
Sidewalks.         Knes  of  sidewalks  upon  either  side.     The   sidewalks  of 
said  road  may  be  constructed  and  maintained  in  accord- 
ance with  the  Public  Statutes  and  amendments  thereto, 
and  the  provisions  of  section  six  of  chapter  four  hundred 
and  ninety-seven  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  shall  only  apply  to  that  portion  of  the 
way  between  the  inside  lines  of  sidewalks.     The  inside 
lines  of   sidewalks  referred  to  in  this  section  are  those 
lines  which  are  nearest  to  the  centre  of  the  highway. 
bfkep°deVr°of       Sp^ction  2.     A  city  or  town  in  which  a  state  road  lies 
snow  and  ice,     shall  at  its  owu  cxpcnsc  keep  such  road  sufficiently  clear 
of  snow  and  ice  so  that  the  same  shall  be  reasonably  safe 
for  travel,  as  now  required   by  the  Public  Statutes  and 
amendments  thereto. 
Copy  of  Section  3.     Instead  of  filing  the  original  petition  with 

petition  may  .       .  ~  or 

be  filed  with      tlic  couutv  commissioucrs,  as  now  required   by  section 

county  com-  r.       i         ,  p  i  in  i-j  />j^i 

miBsioners.  two  01  chapter  louT  hundred  and  ninety-seven  oi  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  it 
shall  hereafter  be  suflicient  to  file  a  copy  thereof  with 
said  county  commissioners. 

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

Approved  April  28,  1896. 

Chap.34Q  An  Act  relative  to  the  bonds  of  treasurers  of  mandfactur- 

ING   AND   other   CORPORATIONS. 

Be  it  enacted,  etc. ,  as  follows : 

wnainboSds.  Section  1.  Whenever,  under  the  provisions  of  section 
twenty-six  of  chapter  one  hundred  and  six  of  the  Public 
Statutes,  it  becomes  necessary  for  the  treasurer  of  a  manu- 
facturing or  other  corporation  subject  to  the  provisions 
of  said  chapter  and  of  acts  amendatory  thereof,  to  give 


Acts,  1896.  — Chaps.  347,  MS.  283 

bond  for  the  faithful  discharge  of  his  duty,  he  may  give 
a  bond  in  which  any  company  organized  under  the  laws 
of  this  state,  or  chartered  l^y  any  other  state  or  govern- 
ment, to  transact  fidelity  insurance  or  corporate  surety- 
ship, and  authorized  to  do  business  in  this  Common- 
wealth, may  be  surety,  or  may  be  jointly  and  severally 
bound  with  such  treasurer  or  with  any  other  officer  or 
employee.  Such  bond  shall  be  in  a  form  to  l)e  approved 
by  the  commissioner  of  corporations,  and  an  attested 
copy  thereof,  with  a  certificate  of  the  custodian  that  the 
original  is  in  his  possession,  shall  be  filed  with  the  com- 
missioner of  corporations. 

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

Approved  April  28,  1896. 


Form  of  bond 
to  be  approved. 


Chap.Ml 


amended. 


An  Act  relative  to  the  salary  of  the  lieutenant  governor. 
Be  it  enacted,  etc.,  as  foUoivs: 

Section  1 .  Section  two  of  chapter  fifteen  of  the  Public  p.  s.  is,  §  2, 
Statutes  is  hereby  amended  by  adding  at  the  end  of  said 
section  the  following  : — provided,  that  if  the  office  of  gov- 
ernor shall  be  vacant  for  any  cause  for  a  period  of  more 
than  thirty  days  the  salary  of  the  lieutenant  governor 
shall  be  at  the  rate  of  eight  thousand  dollars  per  year 
during  the  time  he  shall  perform  the  duties  of  governor 
by  reason  of  such  vacancy. 

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

Ajyproved  April  29,  1896. 


Chap.S^S 


An  Act  relative  to  service  medals  in  the  militia. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1 .     Any  officer  or  enlisted  man  in  the  militia  Mmtia  service 
who   has    completed,  or  who   hereafter   completes,   nine  ™*  **' 
years'  honoral)le  service  in  said  militia,  whether  continu- 
ous or  otherwise,  shall  be  allowed  a  medal,  and  for  each 
additional  five  years'  like  service  he  shall  be  allowed  a 
bar  or  clasp. 

Section  2.  Section  one  hundred  and  twenty-seven  of  amended  ^^^^' 
chapter  three  hundred  and  sixty-seven  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  is  hereby  amended 
by  striking  out  the  last  sentence  of  said  section,  namely : 
—  "  Any  officer  or  enlisted  man  in  the  militia  service  on 
the  first  day  of  January  in  the  year  eighteen  hundred  and 
ninety-one,  who  had  rendered  nine  years'  honorable  ser- 


284 


Acts,  1896.  — Chaps.  349,  350. 


vice,  and  any  officer  or  enlisted  man  thereafter  completing 
a  like  service,  shall  be  allowed  a  medal,  and  for  each 
additional  live  years'  like  service  theretofore  or  there- 
after rendered  he  shall  be  allowed  a  bar  or  clasp." 

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

Approved  May  i,  1896. 


Ch(HJ.34:Q  -^^    -^^"^    '^*^    CONFIRM    THE    PROCEEDINGS    OF    THE    ANNITAE    TOWN 

MEETING    OF   THE    TOWN   OF   SHIRLEY. 


Proceedings  of 
town  meeting 
of  Shirley  con- 
tinued. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  proceedings  of  the  annual  town  meet- 
ing of  the  town  of  Shirley,  held  on  the  sixteenth  day  of 
March  in  the  year  eighteen  hundred  and  ninety-six,  shall 
not  be  invalid  by  reason  of  the  omission  in  the  warrant 
calling  such  meeting  of  a  specific  article  for  acceptance 
of  tow^n  by-laws. 

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

Ajyproved  May  1,  1896. 


Ckap.350  An  Act  to  provide  additional  accommodation  for  the  courts 

OF  THE    county    OF   WORCESTER,   SITTING   AT   WORCESTER. 


To  erect  an 
addition  to 
county  court 
house  at 
Worcester. 


Plans,  etc.,  to 
be  approved. 


Be  it  enacted,  etc.,  as  follorvs : 

Section  1.  The  county  commissioners  of  the  county 
of  Worcester  are  hereljy  authorized  to  provide  additional 
accommodations  for  the  several  courts  of  said  county  sit- 
ting at  Worcester,  by  the  erection  of  an  addition  to  the 
present  county  court  house  in  said  city.  The  expense 
incurred  for  building  said  addition,  including  the  amount 
expended  for  land,  shall  not  exceed  the  sum  of  three  hun- 
dred and  fifty  thousand  dollars ;  and  said  commissioners 
shall  make  no  contracts  calling  for  a  larger  expenditure, 
in  the  aggregate,  for  said  purpose  than  the  amount  herein 
specified. 

Section  2.  No  contracts  shall  be  made  for  the  con- 
struction of  said  building  until  plans,  together  with  de- 
tailed estimates  of  cost  from  reliable  parties,  who  are 
willing  and  prepared  to  furnish  bonds  with  satistactory  ■ 
sureties  for  the  actual  performance  of  the  work  and  the 
furnishing  of  the  materials  for  the  amounts  specified  in 
said  estimates,  have  been  submitted  to  a  board  to  con- 
sist of  the  judge  of  probate,  the  clerk  of  courts  and  the 
county  treasurer  for  the  county  of  Worcester,  and  ap- 
proved by  said  board.     And  such  approval  shall  not  be 


Acts,  1890.  — Chap.  350.  285 

given  to  any  plans  so  submitted  until  said  board  is  fully 
satisfied  that  the  cost  of  the  building,  together  with  the 
cost  of  land,  will  not  exceed  the  amount  of  three  hundred 
and  fifty  thousand  dollars. 

Section  3.     The  county  commissioners  after  said  plans  to  advertise  for 
have  been  so  approved  shall  advertise  for  proposals  for  woTk"  ac/*"^ 
said  work.     Such  advertisements   shall  be  published  in 
at  least  two  daily  newspapers  in  the  city  of  Boston,  and 
in  at  least  two  daily  newspapers  in  the  city  of  Worcester, 
for  at  least  two  weeks   successively  prior  to  the  time 
specified  therein   for  opening  said  proposals ;  and  said 
proposals  shall  not  specify  any  particular  party  or  parties 
from  whom  the  person  receiving  the  contract  shall  pur- 
chase his  materials.     The  contracts  for  said  work  shall  Awarding  of 
be  awarded  to  the  lowest  responsible  bidder,  but  shall  not 
be  so  awarded  by  the  county  commissioners  until  said 
contracts  have  been  approved  by  the  board  provided  for 
in  section  two  of  this  act,  said  boards  having  the  riijht 
to  reject  any  or  all  bids. 

Section  4.  At  the  end  of  every  contract  awarded  clause  to  be 
under  this  act  shall  be  inserted  the  following  clause  :  —  every  contract. 
But  said  party  of  the  second  part  shall  not  receive  any 
sum  in  addition  to  the  sum  named  in  this  contract  for 
any  additional  work  done  or  material  furnished,  or  for 
any  other  matter  or  claim  whatever,  unless,  before  the 
additional  work  or  material  or  matter  of  the  claim  shall 
be  done  or  furnished,  the  board  constituted  by  chapter 
three  hundred  and  fifty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-six  shall  first  approve  the  same  and 
the  additional  sum  or  sums  to  be  paid  therefor. 

Section  5.  Said  county  commissioners  are  hereby  May  take  land, 
authorized  to  take  and  hold,  by  purchase  or  otherwise,  ^l^^"*^  °^  "^"y- 
such  land,  rights  of  way  and  easements  as  they  may  deem 
necessary  in  the  city  of  Worcester  adjoining,  or  in  the 
immediate  vicinity  of,  the  land  on  which  the  court  houses 
now  standing  in  the  city  of  Worcester  are  located,  for 
the  purpose  of  erecting  new  buildings  thereon  for  the 
accommodation  of  the  courts  of  the  Commonwealth  and 
for  county  offices  and  purposes. 

Section    6.     Said   commissioners   shall,   within   sixty  Description  of 
days  after  the  taking  of  any  land,  right  of  way  or  ease-  1-ecorded.' '°  ^^ 
ments  under  this  act,  otherwise  than  by  purchase,  file  and 
cause  to  be  recorded  in  Worcester  district  registry   of 
deeds  a  description  thereof  sufficiently  accurate  for  iden- 


286 


Acts,  1896.  — Chap.  350. 


Damages. 


Payment  of 
expenssB,  etc. 


Receiving  of 
certain  bids  to 
be  authority 
to  borrow 
money,  etc. 


tification,  with  a  statement  of  the  purpose  for  which  the 
same  were  taken,  signed  by  said  county  commissioners ; 
and  the  title  of  the  lands  so  taken  shall  vest  in  said  county 
in  fee. 

Section  7.  Said  county  shall  pay  all  damages  sus- 
tained by  any  persons  in  their  property  by  reason  of 
such  taking ;  and  if  any  person  sustaining  damage  and 
said  commissioners  fail  to  agree  as  to  the  amount  of 
damages  so  sustained,  said  person  or  said  commissioners 
may,  within  one  year  from  such  taking,  file  in  the  office 
of  the  clerk  of  the  superior  court  for  said  county  of 
Worcester  a  petition  for  a  jury  to  determine  such  dam- 
ages ;  and  thereupon,  after  such  notice  as  said  court  shall 
order,  the  damages  shall  be  determined  by  a  jury  in  said 
court,  in  the  same  manner  as  damages  for  lands  taken  for 
highways  in  the  city  of  Worcester,  and  costs  shall  be 
taxed  as  in  civil  cases. 

Section  8.  In  order  to  meet  the  expenses  incurred 
under  this  act  the  county  commissioners  may  borrow,  on 
the  credit  of  said  county,  a  sum  not  exceeding  three  hun- 
dred and  fifty  thousand  dollars.  The  indebtedness  so 
incurred  by  said  county  shall  be  paid  out  of  the  amounts 
received  for  taxes,  as  follows  :  Fifteen  thousand  dollars 
in  the  years  eighteen  hundred  and  ninety-seven,  eighteen 
hundred  and  ninety-eight,  eighteen  hundred  and  ninety- 
nine  and  nineteen  hundred,  and  forty  thousand  dollars  in 
each  subsequent  year,  until  the  whole  indebtedness  is 
paid. 

Section  9.  The  receiving  by  the  county  commission- 
ers of  bids  from  responsible  parties  for  the  complete  con- 
struction of  the  building  authorized  under  this  act,  within 
a  sum  which  with  the  cost  of  the  land  purchased  under 
this  act  shall  not  exceed  the  sum  of  three  hundred  and 
fifty  thousand  dollars,  shall  be  a  condition  precedent  to 
the  authority  of  said  commissioners  to  borrow  money 
under  this  act,  except  for  procuring  plans  and  specifica- 
tions and  for  the  purchase  of  land,  as  provided  in  section 
five  of  this  act. 

Section  10.     This  act  shall  take  eflect  upon  its  passage. 

Approved  May  i,  1896. 


Acts,  1896.  — Chaps.  351,  352,  353.  287 


An  Act  to  legalize  the  proceedings  of   certain  town  offi-  fj^^^  qki 

CERS   of  the   town   OF  ESSEX.  -^* 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  action  of  the  selectmen  of  the  town  Proceedings  of 
of  Essex  in  tilling  the  vacancy  in  the  office  of  the  town  clerk  officer  o°f'E88ex 
of  said  town,  occurring  in  the  year  eighteen  hundred  and  '^saiized. 
ninety-five,   and  the  acts  of  the  board  of  registrars   of 
voters   of  which  said  town  clerk,    appointed  to  fill  said 
vacancy,    was  a  member,   shall  not  be  invalid  by  reason 
of  any  failure  to  comply  with  the  provisions  of  section 
twenty-eight  of  chapter  four  hundred  and  seventeen  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
relative   to  political  representation  on  boards  of  regis- 
trars of  voters. 

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

Approved  May  1,  1896. 

An  Act  to  authorize  the  west  roxbury  and  roslindale  street  (^Jff,.^^  ^^9 

RAILWAY   COMPANY   TO   EXTEND   ITS   RAILWAY.  -^ 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  West  Roxlmry  and  Roslindale  Street  May  extend  its 

.,  ^^  ,,  ..,  railway  into 

Railway  Company  may  extend  and   operate  its   railway  Dedham.etc. 
into  and  through  the  town  of  Dedham,  with  all  the  powers 
and  })rivileges    and   subject  to   all  the  duties,   lialiilities 
and  restrictions  which  now  are  or  hereafter  may  be  in 
force  relating  to  street  railways. 

Section  2.     Said  company  may  construct  and  operate  May  acquire 
its  railway  over  private  property  with  the  consent  of  the  '"°'''  ^"^' 
owners  of  said  property,  and  may  acquire  land  by  purchase 
or  lease  for  such  purpose. 

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

Approved  May  1,  1896. 


Cha2y.S53 


An  Act  to  establish  the  district  court  of  franklin. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  several  towns  in  the  county  of  Frank-  District  court  of 
lin  shall  constitute  a  judicial  district  under  the  jurisdiction 
of  a  court,  to  be  called  the  District  Court  of  Franklin. 

Section  2.     There   shall  be  one  justice,  two  special  fj"J'"'=^*' '''®''^' 
justices    and  a  clerk  of  said  court.     The   justice  shall 
receive  from  the  county  of  Franklin  an  annual  salary  of 
fifteen  hundred  dollars,  and  the  clerk  an  annual  salary 


288 


Acts,  1896.  — Chap.  354. 


Sittings  of 
cuurt. 


Clerk  need  not 
attend  certain 
eessions,  etc. 


First  Bession, 
etc. 


of  seven  hundred  dollars.  The  justice,  special  justices 
and  clerk  shall  be  severally  allowed  their  travelling  ex- 
penses necessarily  incurred  when  holding  sessions  of  said 
court  out  of  the  towns  where  they  severally  reside,  to 
be  audited  and  allowed  by  the  county  commissioners  of 
said  county. 

Section  3.  Sittings  of  said  court  for  criminal  business 
shall  be  held  daily,  except  on  Sundays  and  legal  holidays, 
at  Greenfield,  at  Orange,  at  Turners  Falls  in  the  town  of 
Montague,  at  Shelburne  Falls  in  the  town  of  Shelburne, 
or  in  the  town  of  Buckland,  or  at  either  or  any  two  or 
more  of  said  places,  as  public  convenience  may  require. 
Sittings  of  said  court  for  the  transaction  of  civil  business 
shall  be  held  at  Greenfield  on  the  first  Saturday  of  each 
month,  at  Orange  on  the  second  Saturday  of  each  month, 
at  Shell)urne  Falls  aforesaid  on  the  third  Saturday  of  each 
month,  and  at  Turners  Falls  aforesaid  on  the  fourth  Sat- 
urday of  each  month. 

Section  4.  The  clerk  of  said  court  need  not  attend 
its  sessions  held  in  any  other  place  than  Greenfield,  unless 
requested  to  do  so  by  the  justice.  When  said  clerk  is 
not  in  attendance  the  justice  shall  keep  a  record  of  the 
proceedings  had  before  him,  which  he  shall  transmit  to 
said  clerk,  to  be  entered  by  him  upon  the  docket  and 
records  of  said  court.  Said  justice  shall  also  account 
with  and  pay  over  to  said  clerk  all  fines,  costs  and  fees 
received  by  him. 

Section  5.  The  first  session  of  said  court  shall  be 
held  on  the  first  day  of  Jul}^  in  the  year  eighteen  hundred 
and  ninety-six ;  liut  nothing  herein  shall  affect  any  suit 
or  other  proceeding  begun  prior  to  said  first  day  of  July. 
All  the  provisions  of  law  applicable  to  district  courts  shall 
apply  to  said  court. 

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

Approved  May  1,  1896. 


Ch(ip.S54:  ■^'^    -^CT  TO    AUTHORIZE    THE   TOWN   OF   PEABODY  TO    SELL  A   POR- 
TION  OF  ITS  PUBLIC   PARK. 


Certain  parcel 
of  land  may  be 
conveyed  to 
William  Per- 
kins, etc. 


Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  inhabitants  of  the  town  of  Peabody 
are  hereljy  authorized  and  empowered  to  sell  and  convey 
to  William  Perkins,  second,  of  said  Peabody,  in  fee 
simple  and  free  from  all  trusts,  a  parcel  of  land  situated 


Acts,  1896.  — Chap.  355.  289 

in  said  Peabody,  hereinafter  described,  and  beino;  a  part  certiiin  parcel 

,,    .,  ,   ,.  *^    ,  ,,  •  1     ,  •  I  f  ,  of  land  may  be 

oi  the  public  park  or  said  town,  m  exchange  tor  another  conveyed  to 
parcel  of  land  situated  in  said  town  and  adjoining  said  kins,  etc. 
park,  to  be  conveyed  by  said  Perkins  to  said  town  as  and 
for  a  part  of  said  park ;  the  portion  of  said  park  to  be 
conveyed  by  said  town  to  said  Perkins  being  bounded 
and  described  as  follows,  namely :  Beginning  at  the 
southerly  corner  thereof,  by  the  wall  at  a  stake  at  land 
formerly  of  Upton,  and  thence  running  northeasterly  and 
northerly  by  said  wall  and  said  Upton  land,  three  hun- 
dred and  four  feet  to  a  stake  at  land  of  Perkins  ;  thence 
running  northwesterly  in  a  direct  line  by  land  of  Perkins, 
one  hundred  and  fifty  feet  to  a  stake  at  land  of  Perkins  ; 
thence  running  southwesterly  by  land  of  Perkins,  one 
hundred  and  three  feet  to  a  stake  ;  thence  running  in  a 
direct  line  south  sixteen  and  one  fourth  degrees  east,  by 
compass,  three  hundred  and  ninety-three  feet  to  the  point 
of  beginning ;  containing  thirty-two  thousand  one  hun- 
dred and  eighty  square  feet,  and  being  part  of  the  land 
conveyed  to  said  town  by  Mary  S.  Walker  and  others  by 
deed  dated  the  seventh  day  of  May  in  the  year  eighteen 
hundred  and  ninety-five,  recorded  with  Essex  south  dis-' 
trict  deeds,  in  l)ook  fourteen  hundred  and  forty-six,  page 
two  hundred  and  sixty. 

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

Approved  May  1,  1896. 


Cha2J.o55 


An  Act  relative  to  appeals  jjy  mdnicipal  corporations. 

Be  it  enacted,  etc.,  as  folio ivs : 

Section  1.     Section  twenty-nine  of  chapter  one  hun-  p.  s.  155.  §29, 
dred  and  fifty-five  of  the  Pul>lic  Statutes  is  hereby  amended  ''""''"^'"^■ 
by  adding  at  the  end  thereof  the  words  :  — provided,  /loic- 
ever,  that  if  any  such  appeal  is  taken  by  a  county,  city 
or  other  municipal  corporation,  no  bond  or  recognizance 
shall  be  required,  —  so  that  said  section  as  amended  will 
read  as  follows  :  —  Section  29.     No  appeal  from  a  judg-  Appellant  to 
ment  of  a  trial  justice,  in  any  civil  action  or  proceeding,  ex-  cenaln'casel  of 
cept  actions  under  chapter  one  hundred  and  seventy-five,  ^^dgmelu  or 
shall  be  allowed,  except  as  provided  in  the  four  following  trial  juBtice. 
sections,    unless  the  appellant  within  twenty-four  hours 
after  the  entry  of  judgment  recognizes  to  the  adverse  party 
with  sufficient  surety  or  sureties,  to  be  approved  by  the 
adverse  party  or  by  the  justice,  in  a  reasonable  sum  to 


290  Acts,  1896.  — Chaps.  356,  357. 

be  fixed  by  the  justice,  or  approved  by  the  adverse  party, 
with  condition  to  enter  and  prosecute  his  appeal  with 
effect,  and  to  satisfy,  within  thirty  days  of  the  entry 
thereof,  any  judgment  which  may  l)e  entered  against  him 
Provisos.  jn  ii^Q  superior  court  upon  said  appeal  for  costs :  pro- 

vided, that  the  justice  may  for  cause  shown  extend  the  time 
for  recognizing.  In  determining  the  sufficiency  of  the 
sureties  upon  such  recognizance,  the  justice  may  examine 
upon  oath  the  persons  offered  as  sureties  and  all  other  wit- 
nesses produced  l^y  either  party  ;  provided,  however,  that  if 
any  such  appeal  is  taken  by  a  county,  city  or  other  munici- 
pal corporation,  no  bond  or  recognizance  shall  l)e  required. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ap-proved  May  1,  1896. 

njian.^5(j  ^^  -^^'^  '^^  REQUIRE  GAS   AND  ELECTRIC   LIGHT  COMPANIES  TO  KEEP 

UNIFORM   STATION   RECORDS. 

Be  it  enacted,  etc. ,  as  foUoios : 

^f'^g^afand"^"*        Section  1.     Commcucing  on  the  first  day   of  July  in 
electricity  for     i\^q  year   eis^htecn  hundred  and  ninety-six  every  person, 

lighting  to  keep  "^  .        ~  .    .        ,.  i     •  i  /• 

certain  records,  corporatiou  or  municipality  engaged  in  the  maniihicture 
or  sale  of  gas  and  electricity  for  lighting  shall  keep  such 
records  of  its  work  and  doings  at  its  manufacturing  sta- 
tion, and  in  respect  to  its  distributing  plant,  as  the  board 
of  gas  and  electric  light  commissioners  may  from  time  to 
time  require ;  and  said  records  shall  be  in  such  form  as 
may  l)e  prescribed  by  said  l)oard. 

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

Approved  May  1,  1896. 

njiar).357  -^^   -^^^   RELATIVE   TO   THE   EXPENDITURE    OF   MONEY   BY   COUNTIES. 

Be  it  enacted,  etc.,  as  foUoivs  : 
Expenditure  of        SECTION  1.     The  expenditure  of  money  l)y  the  several 

niocey  by  ■*■  •/        «/ 

counties  to  be     countlcs   shall   bc  authorized  annually  by  law,  and  the 

annually  by       purposcs  for  wliicli  such  expenditures  may  be  made  shall 

law,  etc.  1^^  specified  in  detail  in  said  law.     No  expenditure  for 

any  purpose  shall  l)e  made  in  excess  of  the  amount  so 

specified  and  no  bill  in  excess  of  such  amount  shall  .be 

paid  by  the  county  treasurer,  except  as  herein  provided. 

Payment  of  Section  2.     Whenever  any  ap]:)ropriation  for  interest 

certain  debts  t    ^         t  n  <•  j       •  •       •        i 

when  appro-       or  del)t  duc  irom  the  county  tor  costs  m  criminal  prose- 

priation  is  ex-  ..  /.    ,  i  ,  ji  ,• 

hauBted.  cutioiis,  cxpenscs  ot  the  courts,  or  the  compensation  or 

salaries  of  county  officers   established  by  law,   shall  be 
exhausted,  the  county  treasurer  may,  on  the  order  of  the 


Acts,  1896.  — Chap.  358.  291 

county  commissioners,  make  payment  for  such  legally 
authorized  purposes  out  of  any  money  in  the  county 
treasury. 

Section  3.     On  or  before  the  thirty-first  day  of  Decem-  certain  Bums  to 
ber  of  each  year  the  county  commissioners  shall  transfer  from^unex"^** 
from  unexpended  appropriations,  or  from  unappropriated  prutro''n8!'et'o°" 
money,  to  appropriations  which  have  been  exceeded,  as 
provided  for  in  section  two  of  this  act,  such  sums  as  may 
be  necessary  to  balance  the  same.     In  all  such  cases  how- 
ever the  county  commissioners  shall  cause  to  be  placed 
upon  their  records  a  statement  of  such  transfers,  showing 
from  what  and  to  what  accounts  the  transfers  are  made, 
with  the  reasons  in  detail  therefor,  and  shall  send  a  copy 
of  the  same  to  the  controller  of  county  accounts  with 
their  estimates  for  the  ensuing  year,  and  said  statement 
shall  he  included  in  the  annual  report  of  said  controller 
relative  to  estimates  for  county  taxes. 

Section  4.  The  county  cpnimissioners  and  other  offi-  J^f^nawiitils." 
cers  authorized  to  incur  liabilities  payable  from  the  county 
treasury  may,  after  the  expiration  of  the  financial  year 
and  before  the  making  of  the  regular  annual  appropria- 
tions by  the  general  court,  incur  liabilities  payal)le  out 
of  a  regular  appropriation  to  an  amount  not  exceeding 
the  liabilities  incurred  in  the  preceding  year  for  the  same 
purpose  during  the  same  period. 

Section '5.     Whenever  the  county  commissioners  of  ^*J fncreaTe^i'n ^ 
any  county,  in  their  annual  estimate,  call  for  an  increased  appropriation. 
appropriation  over  the  amount  expended  in  the  previous 
year,  they   shall    state  upon  or  with   said    estimate    the 
reasons  in  detail  for  such  increase. 

Section  6.     Chapter  four  hundred  and  eighty-two  of  Repeal. 
the  acts  of  the  year  eighteen  hundred  and  ninety-five  is 
hereby  repealed. 

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

Approved  May  1,  1896. 

An  Act  to  authorize  the  town  of  concord  to  elect  library  f^Jfrtj)  ^^S 

COMMITTEES   WITHOUT   DISTINCTION   OF  SEX,  ^  ' 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     No  person  shall  be  ineligible  for  election  Not  to  be  in- 
as  a  member  of  any  library  committee  of  the  town  of  teiaouo/eex. 
Concord  by  reason  of  sex. 

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

Approved  May  2,  1896. 


292  Acts,  1896.  — Chaps.  359,  860. 


C7lCip.35Q  An  Act  relative  to  sewer  assessments  in  the  city  of  boston. 
Be  it  enacted^  etc.,  as  folloios : 

^a^menu.etc.,       Section  1.     The  boarcl  of  street  commissioners  of  the 
upon  sewer        (.jty  of  Bostoii,  ill  addition  to  any  authority  now  conferred 

aseesBmentB,  J  '  J  J 

etc.  upon   them  to  al)ate  sewer  assessments  upon  estates  in 

said  city,  shall,  with  the  approval  of  the  mayor,  have  full 
power  and  authority,  upon  complaint  of  any  person  in- 
terested in  the  premises  so  assessed,  to  make  such  abate- 
ments or  suspensions  of  the  collection  of  assessments  for 
the  construction  of  sewers  as  they  may  deem  just  and 
proper,  as  well  of  assessments  heretofore  made  as  of  those 
that  may  hereafter  be  made,  and  may  make  the  abatement 
upon  the  whole  amount  of  the  assessment  at  once,  or 
upon  the  amount  of  any  apportionment  included  in  a  tax 
bill  or  tax  bills.  Any  such  assessment  so  abated  or 
suspended  shall  continue  a  lien  upon  the  estate  on  which 
the  assessment  is  made  until  the  same  is  paid. 

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

Approved  May  2,  1896. 

(JJiap.^60  ^  -^CT  to   exempt   the   county  of   BERKSHIRE   FROM   ESTABLISH- 
ING A   TRUANT   SCHOOL. 

Be  it  enacted,  etc. ,  as  follows  : 

JZmmi^^*'  Section  1.  The  county  of  Berkshire  shall  be  exempt 
498,  §  16,  etc.  from  tlic  provislous  of  section  sixteen  of  chapter  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. 
ki8tfuTti^n°eu.,  Section  2.  The  county  commissioners  of  said  county 
may  assign  any  truant  school  established  by  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  chapter  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  reasonable  sum  as  the  commissioners  having 
control  of  said  school  may  deterniine.  A  part,  not  exceed- 
ing two  dollars  per  week  for  each  child,  of  such  sum  so  paid 
for  the  support  of  any  child  may  be  recovered  by  the  county 
of  Berkshire  from  the  town  in  which  said  child  resides. 
Section  3 .     This  act  shall  take  effect  upon  its  passage. 

Aj)2)roved  May  2,  1896. 


of  truants. 


Acts,  1896.  — Chaps.  361,  362.  293 


An  Act  relative  to  the  bonds  op  treasurers  and  employees  (Jlinj)  Q(j1 

OF    SAVINGS     BANKS    AND    INSTITUTIONS    FOR    SAVINGS,    AND     CO-  ^  ' 

OPERATIVE   BANKS. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  Whenever,  under  the  provisions  of  section  sureties  on 
fourteen  of  chapter  three  hundred  and  seventeen  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  it 
becomes  necessary  for  the  treasurer  or  other  officer  or 
employee  of  a  savings  bank  or  institution  for  savings  to 
give  bond  for  the  faithful  discharge  of  his  duties,  he  may 
give  a  bond  in  which  any  company  organized  under  the 
laws  of  this  state,  or  chartered  by  any  other  state  or 
government  to  transact  fidelity  insurance  or  corporate 
suretyship,  and  authorized  to  do  liusiness  in  this  Com- 
monwealth, may  be  surety,  or  may  be  jointly  and  severally 
bound  with  such  treasurer  or  other  officer  or  employee. 
Such   bond  shall  be  to  the  satisfaction   of  the  trustees  Form  of  bond 

■I     •  c  ,        1  1     1         J^  ••  /•    to  be  approved. 

and  m  a  lorm  to  be  approved  by  the  commissioners  oi 
savings  lianks,  and  an  attested  copy  thereof,  with  a  cer- 
tificate of  the  custodian  that  the  original  is  in  his  posses- 
sion, shall  be  filed  with  the  commissioners  of  savings 
banks. 

Section  2.     The  provisions  of  section  one  shall  also  To  apply  to 

1,11  />  ;•  1,  /•  bonds  given  un- 

apply  to  bonds  oi  secretaries  and  treasurers  ot  co-opera-  derp.s.  in, 
tive  banks,  given  under  the  provisions  of  section  seven-  ^^^" 
teen  of  chapter  one  hundred  and  seventeen  of  the  Public 
Statutes. 

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

Approved  May  2,  1896. 


Cha2).S62 


An  Act  to  authorize  the  town  of  ipswich  to  make  an  ad- 
ditional WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  town  of  Ipswich,  for  the  purposes  ipswich  water 
mentioned  in  chapter  three  hundred  and  thirteen  of  the  ^°''°* 
acts  of  the  year  eighteen  hundred  and  ninety  and  acts  in 
amendment  thereof,  is  hereby  authorized  to  issue  notes, 
l)onds  or  scrip  to  be  denominated  on  the  face  thereof, 
Ipswich  Water  Loan,  to  an  amount  not  exceeding  thirty 
thousand  dollars  in  addition  to  the  amounts  heretofore 
authorized  by  law  to  be  issued  hy  said  town  for  the  same 
purpose ;  said  notes,  bonds  or  scrip  to  be  issued  upon  the 


294  Acts,  1896.  — Chap.  363. 

same  terms  and  conditions  and  with  the  same  powers  as 
are  provided  in  said  acts  for  the  issue  of  the  Ipswich 
water  loan  ])y  said  town. 

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

Approved  May  2,  1896. 

ChciJ).3QS  A^    -A^CT    RELATIVE     TO    THE    REGISTRATION     OF    VOTERS    AND    THE 
RECOUNT   OF   BALLOTS   IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

amendtd.^^'  SECTION  1.     Scctioii  six  of  cliaptcr  four  hundred  and 

forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-live  is  hereby  amended  by  striking  out  in  the 
second  line  thereof,  the  words  "first  day  of  May",  and 
inserting  in  place  thereof  the  words:  —  fifteenth  day  of 
June,  —  by  inserting  in  the  fifth  line,  after  the  word 
"qualified",  the  word: — male, — by  striking  out  in  the 
twenty-sixth  line,  the  word  "but",  and  inserting  in  place 
thereof  the  word  :  — and,  —  by  striking  out  in  the  twenty- 
ninth  line,  the  w^ord  "alone  ",  and  inserting  in  place  thereof 
the  words  : — together  vvdth  said  central  registration  office 
in  said  city,  —  by  striking  out  in  the  twenty-ninth  and 
thirtieth  lines,  the  words  "  of  that  ward",  and  by  adding 
at  the  end  thereof  the  words:  — And  in  such  years  of 
general  registration  said  board  shall  have  authority  to 
appoint  such  additional  assistant  registrars  as  in  their 
judgment  may  be  necessary  to  carry  out  the  provisions 
of  this  act,  said  registrars  to  be  appointed  so  as  to  equally 
represent  the  two  largest  political  parties,  — so  as  to  read 
General  register  as  follows  :  —  Sectioii  6.  Said  board  of  election  commis- 
ration,  etc.  sioiicrs  shall,  bctwecn  the  fifteenth  day  of  June  and  the 
first  day  of  October  in  the  year  eighteen  hundred  and 
ninety-six,  and  in  every  tenth  year  thereafter,  make  a 
new  general  register  of  the  qualified  male  voters  of  said 
city.  Said  general  register  shall  be  prepared  in  the 
manner  provided  by  law  for  preparing  general  registers, 
J)ut  in  determining  the  residence  of  any  voter  for  registra- 
tion said  election  commissioners  shall  receive  as  prima 
facie  evidence  of  such  residence  a  certificate  from  the 
assessors  of  taxes  or  a  tax  bill,  or  notice  from  the  collec- 
tor of  taxes  in  said  city  showing  that  such  person  has 
been  assessed  for  a  poll  tax  as  a  resident  of  said  city  on 
the  first  day  of  INIay,  and  in  case  the  applicant  shall  fail 
to  present  such  certificate,  bill  or  notice,  he  shall  be 


Acts,  1896.  — Chap.  363.  295 

required  to  otherwise  satisfy  the  said  commissioners  as  General  register 

.  1  •  1  /->ii  1  1       •  •  1  of  voters,  prepa- 

to  sucli  residence.  Changes  may  be  made  in  said  new  ration,  etc. 
general  register  on  account  of  illegal  registration,  and 
after  the  year  in  which  a  new  general  register  is  made  all 
laws  relating  to  general  registers  of  voters  shall  be  ap- 
plical)le  to  said  new  general  registers,  and  the  annual 
registers  and  voting  lists  of  said  city  shall  be  prepared 
therefrom,  in  the  manner  provided  by  law  for  preparing 
annual  registers  and  voting  lists  in  cities.  Until  the  first 
day  of  September  of  the  years  designated  for  preparing 
new  general  registers  voters  may  be  registered  at  the 
central  registration  office  in  said  city ;  and  during  the 
month  of  September  of  said  years  said  board  shall  keep 
open  one  or  more  places  for  registration  in  each  ward  of 
said  city,  as  said  lioard  shall  deem  sufficient,  where, 
together  with  said  central  registration  office  in  said  city, 
registration  of  the  citizens  shall  be  made  daily  from  eight 
o'clock  in  the  forenoon  to  ten  o'clock  in  the  afternoon, 
except  Sunday.  And  in  such  years  of  general  registra-  Appointment 
tion  said  board  shall  have  authority  to  appoint  such  afst8taut°reg- 
additional  assistant  registrars  as  in  their  judgment  may  '*"'«'■«• 
be  necessary  to  carry  out  the  provisions  of  this  act,  said 
registrars  to  be  appointed  so  as  to  equally  represent  the 
two  largest  political  parties. 

Section  2.  Section  eight  of  chapter  four  hundred  and  am,^ndtd  ^  ^' 
forty-nine  of  the  acts  of  tlie  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  liy  striking  out  in  the  first 
line  thereof,  the  words  "within  the  six  days",  and  in- 
serting in  place  thereof  the  words  :  —  on  or  before  five 
o'clock  on  the  third  day,  —  and  by  inserting  after  the 
word  "sign",  in  the  third  line  thereof,  the  words:  — 
(adding  thereto  their  respective  residences  on  the  first 
day  of  May  of  that  year) ,  swear  to  and  file,  —  so  as  to 
read  as  follows  :  —  Section  8.  If  on  or  before  five  o'clock  Recount  of 
on  the  third  day  next  succeeding  the  day  of  any  election 
in  any  ward  of  said  city  ten  or  more  qualified  voters  of 
such  ward  shall  sign  (adding  thereto  their  respective 
residences  on  the  first  day  of  May  of  that  year),  swear 
to  and  file  with  said  board  of  election  commissioners  a 
statement  that  they  have  reason  to  believe  and  do  believe 
that  the  records  (or  copies  of  records)  made  l)y  the 
election  officers  of  certain  precincts  in  said  wards  are 
erroneous  (specifying  wherein  they  deem  they  are  in 
error),  and  that  they  believe  a  recount  of  the  ballots 


assistance,  etc. 


296  Acts,  1896.  — Chap.  364. 

cast  in  such  precincts  will  affect  the  election  of  one  or 
more  candidates  voted  for  at  such  election  (specifying 
the  candidates),  or  will  affect  the  decision  of  a  question 
votecl  upon  at  such  election  (specifying  the  question), 
said  board  shall  without  delay  open  the  envelopes  con- 
taining said  ballots,  recount  the  same  and  determine  the 
May  employ  qucstious  raiscd.  Said  board  may  employ  such  assist- 
ance as  they  deem  necessary  in  making  any  such  recount ; 
and  the  chairman  of  the  city  committee  representing  the 
largest  political  party  and  the  chairman  of  the  city  com- 
mittee representing  the  second  largest  political  party  may 
in  writing  designate  two  persons,  or  such  further  number 
as  said  commissioners  may  allow,  to  be  present  and  wit- 
ness the  count,  and  said  board  shall  allow  each  candidate 
whose  election  is  in  question,  or  his  representative,  to  be 
present,  and  said  board  may  allow  rejpresentatives  of  other 
political  parties  and  other  persons  to  be  present  and  wit- 
ness the  recount.  After  making  any  such  recount,  said 
board  shall  again  enclose  all  such  ballots  in  their  proper 
envelopes,  seal  each  envelope  with  a  seal  provided  for 
the  purpose,  and  certify  upon  each  envelope  that  the  same 
has  been  opened  and  again  sealed  in  conformity  to  law, 
and  shall  likewise  make  and  sio-n  a  statement  of  their 
determination  of  the  questions  raised,  and  alter  and  amend 
such  records  as  have  been  found  to  be  erroneous,  in  ac- 
cordance with  such  determination ;  and  the  records  so 
amended  shall  stand  as  the  true  records  of  the  election. 

Approved  May  2,  1896. 


C/itt?>.364  -^^    ■'^^^    '^^    ANNEX    PART    OF    THE    TOWN    OF 


DEEKFIELD   TO   THE 
TOAVN   OF   GREENFIELD. 


Be  it  enacted,  etc.,  asfolloivs: 
Part  of  Deer-  Section  1.     So  much  of  the  town  of  Deerfield  in  the 

neld  aiiuexea  n   -r-\  t  t  •   ^  •  i  /»i 

to  Greeniieid.  couuty  of  Franklin  as  lies  withm  the  following  named 
lines,  to  wit :  —  Commencing  at  a  stone  bound  marked 
"  G"  "  D  "  on  the  line  between  Greenfield  and  Deerfield 
on  the  easterly  side  of  the  highway  from  Greenfield  to 
Shelburne  known  as  the ,  South  Shell^urne  road,  at  the 
point  where  the  said  highway  crosses  the  said  town  line, 
thence  southeasterly  in  a  straight  line  to  Sheldon  brook 
at  the  westerly  end  of  the  stone  culvert  by  which  said 
l)rook  passes  under  the  highway  leading  from  near  the 
Franklin  county  public  hospital  in  Greenfield  to  West 


Acts,  1896.  — Chap.  364.  297 

Deerfield,  thence  down  Sheldon'.s  brook  to  the  Deerfield 
river,  thence  down  Deerlield  river  to  the  Connecticut 
river,  thence  up  the  Connecticut  river  to  the  southeast 
corner  of  Greenfield,  thence  westerly  on  the  line  between 
Deerfield  and  Greenfield  to  the  first  mentioned  bound, 
with  all  the  inhabitants  and  estates  therein,  is  hereby  set 
off  from  the  town  of  Deerfield  and  annexed  to  and  made 
part  of  the  town  of  Greenfield  ;  and  said  inhabitants  shall 
hereafter  be  inhabitants  of  said  Greenfield  and  shall  enjoy 
all  the  rights  and  privileges  and  be  subject  to  all  the 
duties  and  liabilities  of  the  inhabitants  of  said  Green- 
field. 

Section  2.  The  inhabitants  and  estates  within  the  Payment  of 
territory  and  the  owners  of  said  estates  shall  be  holden 
to  pay  all  taxes  which  have  been  heretofore  legally  as- 
sessed upon  them  by  the  town  of  Deerfield  ;  and  all  taxes 
heretofore  assessed  and  not  collected  shall  be  collected 
and  i)aid  to  the  treasurer  of  the  town  of  Deerfield  in  the 
same  manner  as  if  this  act  had  not  been  passed.  Until 
the  next  state  valuation  the  town  of  Greenfield  shall 
annually,  on  or  before  the  thirty-first  day  of  October, 
pay  to  the  town  of  Deerfield  the  proportion  of  any  state 
or  county  tax  which  the  said  town  of  Deerfield  may  be 
required  to  pay  upon  the  inhabitants  or  estates  hereby 
set  oft',  said  proportion  to  be  ascertained  and  determined 
by  the  last  valuation  next  preceding  the  passage  of  this 
act ;  and  the  assessors  of  Deerfield  shall  make  returns 
of  said  valuaition  and  the  proportion  thereof  in  the  towns 
of  Deerfield  and  Greenfield  respectively,  to  the  secretary 
of  the  Commonwealth  and  the  county  commissioners  of 
the  county  of  Franklin. 

Section  3.  The  said  town  of  Greenfield  shall  be  liable  Relief  and  sup- 
for  the  relief  and  support  of  all  persons  who  now  do  or  ^^"^  °  paupers, 
shall  hereafter  stand  in  need  of  relief  as  paupers,  whose 
settlements  were  gained  whether  by  original  acquisition 
or  derivation,  by  reason  of  a  residence  in  the  territory 
hereby  annexed  to  said  town  of  Greenfield.  The  town 
of  Greenfield  shall  pay  to  the  town  of  Deerfield  annually 
its  proportionate  part  of  the  cost  hereafter  paid  by  Deer- 
field for  the  support  or  relief  of  paupers  whose  settle- 
ments were  acquired  therein  in  consequence  of  military 
service  in  the  war  of  the  rebellion,  the  proportion  to  he 
paid  by  said  town  of  Greenfield  to  be  determined  by  the 
assessed  valuation  each  census  year. 


298 


Acts,  1896.  — Chap.  364. 


Maintenance, 
etc.,  of  certain 
bridges. 


Election  of  state 
and  county 
officers,  etc. 


Apportionment 
of  debt. 


CommisBionerB 
to  be  appointed 
in  case  of  dis- 
agreement. 


Section  4.  The  expense  of  repairing  and  maintaining 
the  Deerfield  river  bridge  shall  l)e  l^orne  hy  each  of  said 
towns  in  the  proportions  that  the  valuation  of  Deerfield, 
as  bounded  after  this  act  takes  effect,  bears  to  the  valua- 
tion of  Greenfield,  as  bounded  after  this  act  takes  eflTect, 
according  to  the  valuations  of  each  of  said  towns  in  the 
year  in  which  the  expense  is  incurred.  The  town  of 
Deerfield  shall  continue  to  pay  the  expense  assessed 
upon  said  town  for  the  rent,  maintenance  and  repair  of 
the  Connecticut  river  bridge,  and  the  town  of  Greenfield 
shall  annually  pay  to  the  town  of  Deerfield  the  amount 
so  expended,  until  such  time  as  a  new  apportionment 
shall  be  made  or  a  difl:erent  method  shall  be  adopted  for 
the  maintenance  of  said  bridge. 

Section  5.  Until  a  new  apportionment  of  represen- 
tatives 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  ofiicers,  members 
of  the  executive  council,  senators  and  representatives  to 
the  general  court,  electors  of  president  and  vice  president 
of  the  United  States,  and  representatives  to  congress, 
remain  and  continue  to  be  a  part  of  the  town  of  Deer- 
field ;  and  the  inhabitants  resident  therein  qualified  to 
vote  shall  be  entitled  to  vote  for  said  ofiicers  and  shall 
be  eligilile  to  the  oflice  of  representative  in  the  town  of 
Deerfield  and  shall  vote  at  the  place  or  places  at  which 
the  inhabitants  of  Deerfield  vote.  The  registrars  of 
voters  of  Greenfield  shall  annually  make  a  true  list  of 
all  persons  resident  in  said  territory  qualified  to  vote  at 
every  such  election  and  post  the  same  in  said  territory 
according  to  law.  They  shall  also  deliver  one  such  list, 
corrected  as  required  by  law,  to  the  selectmen  of  Deer- 
field, before  the  time  of  meeting  for  election,  to  be  used 
thereat. 

Section  6.  Within  one  year  from  the  passage  of  this 
act  the  towjn  of  Greenfield  shall  pay  to  the  town  of  Deer- 
field such  a  proportion  of  the  net  debt  of  Deerfield  as  the 
valuation  of  the  territory  annexed  to  Greenfield,  under 
the  provisions  of  this  act,  shall  bear  to  the  whole  valua- 
tion of  the  town  of  Deerfield  according  to  the  last  annual 
assessors'  valuation  prior  to  the  passage  of  this  act. 

Section  7.  In  case  said  towns  shall  not  agree  upon 
a  division  -of  property,  del)ts,  unpaid  taxes,  state  or 
county  taxes,  expenses  incurred  in  support  of  paupers, 


Acts,  1896.  — Chap.  365.  299 

and  all  other  existing  town  liabilities,  the  superior  court 
shall  upon  the  petition  of  either  town  appoint  three  com- 
missioners to  hear  the  parties  and  determine  the  matters 
of  dirterence,  and  their  award,  or  the  award  of  any  two 
of  them,  being  accepted  by  said  court  shall  ])e  final. 
Section  8.     This  act  shall  take  efiect  upon  its  passage. 

Approved  May  2,  1896. 


C7iap.o(j5 


An  Act  to   provide   for  the  annexation  of   the  town  of 
bradford  to  the  city  of  haverhill. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  All  the  territory  now  comprised  within  the  Bradford 
limits  of  the  town  of  Bradford,  in  the  county  of  Essex,  HavTrhiiu" 
with  the  inhal)itants  and  estates  therein,  is  hereby  an- 
nexed to  and  made  a  part  of  the  city  of  Haverhill,  subject 
to  the  same  municipal  regulations,  obligations  and  liabili- 
ties, and  entitled  to  the  same  immunities  in  all  respects, 
as  the  said  city  of  Haverhill :  provided,  however,  that  Proviso. 
until  legally  changed  said  territory,  for  the  purpose  of 
electing  a  counoillor,  senator,  and  representatives  to  the 
general  court,  shall  continue  to  be  a  part  of  the  several 
districts  that  exist  at  the  time  of  the  acceptance  of  this 
act.  All  the  duties  now  required  by  law  to  be  performed 
by  the  selectmen  and  town  clerk  of  the  town  of  Bradford, 
or  either  of  them,  pertaining  to  the  election  of  councillors, 
senators,  and  members  of  the  general  court,  shall  in  like 
manner  devolve  upon  the  board  of  aldermen  and  city  clerk 
of  Haverhill. 

Section  2.  All  the  public  property  of  the  town  of  i^"Brad?orc?to'^ 
Bradford  shall  be  vested  in  and  is  hereby  declared  to  l)e  ^e  vested  in 
the  property  of  the  city  of  Haverhill ;  and  said  city  of 
Haverhill  shall  succeed  to  all  the  rights,  claims,  causes 
of  action,  rights  to  uncollected  taxes,  liens,  uses,  trusts, 
duties,  privileges  and  immunities  of  said  town  of  Brad- 
ford. The  town  treasurer  of  the  town  of  Bradford  shall, 
on  or  before  the  second  Monday  of  eTanuary  following  the 
acceptance  of  this  act,  under  the  direction  of  the  select- 
men of  the  said  town  of  Bradford  (who  shall  for  this 
purpose  and  for  all  other  purposes  necessary  to  carry 
into  full  effect  the  provisions  of  this  act  continue  to  hold 
their  offices),  transfer,  deliver,  pay  and  account  for  to 
the  city  treasurer  of  the  city  of  Haverhill,  all  books, 
papers,  moneys  and  other  property  in  his  possession  as 


300 


Acts,  1896.  — Chap.  365. 


Haverhill  to  be 
liable  for  debts, 
etc.,  of  Brad- 
ford, etc. 


To  constitute 
ward  seven  of 
Haverhill. 


Board  of  alder- 
men, common 
council,  etc. 


Subject  to  ac- 
ceptance by 
voters  of 
Haverhill  and 
Bradford. 


To  certify  to 
secretary  of  the 
Commonwealth 
the  number  of 
ballots  cast,  etc, 


town  treasurer  of  the  town  of  Bradford  when  this  act 
takes  effect ;  and  the  city  of  Haverhill  shall  become  liable 
for  and  subject  to  all  the  debts,  obligations,  duties,  re- 
sponsibilities and  liabilities  of  said  town  of  Bradford. 
All  actions  and  causes  of  action  which  shall  be  pend- 
ino;  or  which  shall  have  accrued  at  the  time  this  act 
takes  effect,  in  behalf  of  or  against  the  town  of  Brad- 
ford, shall  survive  and  may  be  prosecuted  to  final 
judgment  and  execution  in  behalf  of  or  against  the  city 
of  Haverhill. 

Section  3.  The  territory  of  the  town  of  Bradford 
shall  constitute  a  ward  of  the  city  of  Haverhill,  to  be 
called  ward  seven,  and  shall  so  remain  until  the  alteration 
of  the  ward  limits  of  the  city  of  Haverhill  provided  for 
by  law ;  and  the  ward  so  established  shall  be  entitled  to 
all  the  municipal  and  ward  officers  to  which  each  of  the 
other  wards  of  said  city  of  Haverhill  is  entitled. 

Section  4.  After  the  acceptance  of  this  act  the  board 
of  aldermen  of  the  city  of  Haverhill  shall  consist  of  seven 
members,  and  the  common  council  shall  consist  of  four- 
teen members,  and  the  school  board  of  twenty-one  mem- 
bers. The  warrant  for  the  municipal  election  of  the  city 
of  Haverhill  next  following  the  acceptance  of  this  act  shall 
include  the  territory  hereby  annexed  to  said  city. 

Section  5.  This  act  shall  not  take  full  effect  unless 
accepted  by  a  majority  of  the  legal  voters  of  the  town  of 
Bradford  and  city  of  Haverhill  present  and  voting  thereon 
l)y  liallot.  The  question  of  accepting  this  act  shall  be 
submitted  to  the  voters  of  the  city  of  Haverhill  and  of 
the  town  of  Bradford,  respectively,  at  the  next  annual 
state  election,  and  if  not  then  accepted,  at  a  subsequent 
election  as  hereinafter  provided. 

Section  6.  '  It  shall  be  the  duty  of  the  city  clerk  of 
the  city  of  Haverhill  and  of  the  town  clerk  of  the  town 
of  Bradford  to  certify  as  soon  as  may  be  to  the  secre- 
tary of  the  Commonwealth  the  number  of  ballots  cast  in 
favor  of  the  acceptance  of  this  act  and  the  number  of 
ballots  cast  against  said  acceptance ;  and  if  it  shall  ap- 
pear that  the  majority  of  the  votes  cast  in  the  city  of 
Haverhill  and  a  majority  of  the  votes  cast  in  the  town 
of  Bradford,  respectively,  are  in  favor  of  the  acceptance 
of  this 'act,  said  secretary  shall  immediately  issue  and 
publish  his  certificate  declaring  this  act  to  have  been 
duly  accepted. 


Acts,  1896.  — Chap.  366.  301 

Section  7.     If  this  act  should  fail  to  be  accepted  hy  Maybere-sub- 
the   voters  of  said  city  and  town,  or  either  of  them,  at  ™ccepted."°' 
the  election  held  as  aforesaid,  this  act  may  be  re-sub- 
mitted at  the  annual  state  election  in  the  year  eighteen 
hundred  and  ninety-seven  :  provided,  that  a  petition  of  Proviso. 
fifty  voters  of  the  city  of  Haverhill  and  of  the  town  of 
Bradford,  or  of  either  of  them,  requesting  the  same,  shall 
1)0  tiled  with  the  secretary  of  the  Commonwealth  thirty 
days    previous    to    the   holding    of   such    election,    and 
the  board  of  aldermen  of  the  city  of  Haverhill  and  the 
selectmen  of  the  town  of  Bradford  shall  in  issuing  the 
warrants    for    such    election    govern    themselves  accord- 
ingly. 

Section  8.  So  much  of  this  act  as  authorizes  and  ^[!c"eic?^^ 
directs  the  submission  of  the  question  of  its  acceptance 
to  the  legal  voters  of  the  city  and  town  respectively  shall 
take  effect  upon  its  passage ;  and  if  accepted  hy  said 
voters  it  shall  otherwise  take  effect  on  the  first  Monday 
of  January  next  following  its  acceptance.  No  submis- 
sion of  the  question  of  its  acceptance  to  the  voters  shall 
be  made  sul)sequent  to  the  state  election  held  in  the  year 
eighteen  hundred  and  ninety-seven,  except  as  provided 
in  the  following  section. 

Section  9.     If  any    election    or    balloting   upon    the  To  be  re  sub- 
question  of  the  acceptance  of  this  act  by  either  said  city  Section Is'^de! 
or  said  town,  shall  within  two  months  thereafter  be  de-  ^'^--^d  void,  etc. 
clared  void  by  the  supreme  judicial  court  upon  summary 
proceedings,  which  may  be  had  in  any  county  upon  the 
petition  of  fifty  voters  of  either  said  city  or  said  town, 
the  question  of  accepting  said  act  shall  again  be  submitted 
to  the  legal  voters  of  said  city  or  town  at  the  next  annual 
state  election ;   but  no  election  or  balloting  shall  be  held 
void  for  informality  in  calling,  holding  or  conducting  the 
election  or  returning  the  votes  or  otherwise,  except  upon 
proceedings    instituted   therefor  and  determined  within 
sixty  days  thereafter  as  aforesaid. 

Approved  May  4, 1896. 

An  Act  to  amend  the  charter  op  the  city  of  everett.       Chan  366 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     From  and  after  the  commencement  of  the  cuy  council, 
next  municipal  year  after  the   passage   of  this   act  the  mTn.  confmoT 
city  council  of  the  city  of  Everett  shall  be  composed  of  berreimfo": 

terme,  ete. 


302 


Acts,  1896.  — Chap.  366. 


City  council, 
board  of  alder- 
men, comtnon 
council,  mem- 
berB,  election, 
terms,  etc. 


Repeal. 


1892,  355,  §  14, 
amended. 


Special  raeet- 
ingB  of  city 
council,  etc. 


two  branches,  one  of  which  shall  be  called  the  board  of 
aldermen  and  the  other  the  common  council.  The  board 
of  aldermen  shall  be  composed  of  seven  members,  who 
shall  be  elected  by  and  from  the  qualified  voters  of  the 
city.  At  the  first  municipal  election  held  after  the  pas- 
sage of  this  act,  and  in  every  alternate  year  thereafter, 
four  aldermen  shall  be  elected,  who  shall  hold  office  for 
the  two  municipal  years  next  succeeding  their  election. 
At  the  second  municipal  election  held  next  after  the  pas- 
sage of  this  act,  and  in  every  alternate  year  thereafter, 
three  aldermen  shall  be  elected,  who  shall  hold  office  for 
the  two  municipal  years  next  succeeding  their  election. 
Three  members  of  the  common  council  shall  be  elected 
annually  by  and  from  the  qualified  voters  of  each  ward, 
and  the  councilmen  so  elected  shall  hold  office  for  the 
municipal  year  next  succeeding  their  election.  The  alder- 
men and  councilmen  elected  at  the  municipal  election  next 
prior  to  the  passage  of  this  act  shall  hold  office  until 
the  expiration  of  the  terms  for  which  they  were  respec- 
tively elected.  Section  ten  of  chapter  three  hundred 
and  fifty-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two,  except  as  hereinbefore  provided,  is  hereby 
repealed. 

Section  2.  Section  fourteen  of  chapter  three  hundred 
and  fifty-five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-two  is  hereby  amended  by  adding  at  the  end 
thereof  the  following  words  :  —  On  petition  of  any  seven 
members  of  the  common  council  the  mayor  shall  call  a 
special  meeting  of  that  branch,  and  on  petition  of  any 
three  members  of  the  board  of  aldermen  the  mayor  shall 
call  a  special  meeting  of  that  board,  to  act  upon  any  mat- 
ters set  forth  in  said  petition.  Notice  of  said  special 
meeting  shall  be  given  as  herein  provided,  —  so  that  said 
section  as  amended  will  read  as  follows:  —  Section  14. 
The  mayor  may  at  any  time  call  a  special  meeting  of  the 
city  council  or  of  either  branch  thereof  by  causing  a  writ- 
ten notice  of  such  meeting,  containing  a  statement  of  the 
subjects  to  be  considered  thereat,  to  be  left  at  the  usual 
place  of  residence  of  each  member  at  least  twenty-four 
hours  previous  to  the  time  appointed  for  the  meeting,  and 
no  other  business  shall  be  transacted  at  such  special  meet- 
ing. On  petition  of  any  seven  members  of  the  common 
council   the  mayor  shall   call  a  special  meeting  of  that 


Acts,  1896.  — Chap.  366. 


303 


branch,  and  on  petition  of  any  three  members  of  the  board 
of  aklermen  the  mayor  shall  call  a  special  meeting  of  that 
board,  to  act  upon  any  matters  set  forth  in  said  petition. 
Notice  of  said  special  meeting  shall  be  given  as  herein 
provided. 

Sections.     Section  forty-eight  of  chapter  three  hun- 1892,355,  §48, 
dred  and  fifty-five  of  the  acts  of  the  year  eighteen  hundred  ""^^ 
and  ninety-two  is  hereljy  amended  by  striking  out  all  of 
said  section  and  inserting  in  place  thereof  the  following : 
—  Section  48.     The  school  committee,  in  addition  to  the  Repairs,  erec 

I.    ,■,  iji  Ti  /"ji  li-         tion  and  altera- 

exercise  01  the  powers  and  the  discharge  01  the  duties  tion  of  school 
imposed  by  law  upon  school  committees,  shall,  subject  to  ^"'^'^'"s^*  etc. 
the  approval  of  the  mayor,  have  full  power  and  authority 
to  order  repairs  to  school  l)uildings,  and  to  provide  when 
necessary  temporary  accommodations  for  school  purposes. 
The  making  of  plans  for  all  school  buildings,  the  erection 
and  alteration  of  such  buildings,  the  making  of  additions 
thereto,  and  the  purchasing  of  land  for  school  purposes, 
shall  be  committed  to  agents  appointed  by  the  mayor  and 
confirmed  by  the  board  of  aldermen. 

Section  4.     This  act  shall  be  submitted  to  the  voters  Question  of 
of  the  city  of  Everett,  who  shall  vote  "Yes"  and  "No"  Velx^m\u.eA 
upon  the  question  of  the  acceptance  of  the  several  sec-  l^ateeTcUon, 
tions,  at  the  annual  state  election  in  the  present  year,  and  i^ge,  etc. 
only  such  sections  shall  take  eflect  as  shall  at  such  eiec- 
tion  be  accepted  hy  the  affirmative  votes  of  a  majority 
of  the  voters  voting  011  the  several  sections  at  said  elec- 
tion.    The  vote   shall   be  taken  by  ballot,  in  answer  to 
the  following  questions  :  Shall  section   one   of 
the   act  to  amend   the   charter   of  the  city  of 
Everett,  creating  a  board  of  seven  instead  of  six 
aldermen  and  repealing  minority  representation,  be  ac- 
cepted ?     Shall  section  two  of  said  act,  requir- 
ing the  mayor  and  board  of  aldermen  to  call 
a  meeting  of  the  common  council  on  the  peti- 


Yes. 

No. 

Yes. 


tion   of  any  seven  of  its  members,  or  a  meeting  of  the 
I)oard  of  aldermen  on  a  petition  of  any  three  of  its  mem- 
bers, be  accepted?     Shall  section  three  of  said 
act,  requiring  the  mayor  and  board  of  alder- 
men to  appoint  agents  for   securing  all    plans 
and  for  the  erection  of  school  buildings,  be  accepted? 

Approved  May  5,  1896. 


Yes. 

No. 

304  Acts,  1896.— Chaps.  367,  368,  369. 


Chnp.SGT  An  Act  to  legalize  the  riiocEEDiNGS  of  the  annual  town 

MEETING  OF  THE   TOWN   OF   NOKTHUOKOUGH. 

Be  it  enacted^  etc.,  as  folloios : 

fjwnmecvilgii      Section  1 .     The  election  of  town  officers  for  the  town 
Northhorough     of  Northborouffh,  at  the  annual  town  meetinar  of  said  town 

IBl'UllZCCl.  O       '  CI? 

held  on  the  second  day  of  March  in  the  year  eighteen 
hundred  and  ninety-six,  shall  not  be  invalid  by  reason 
of  the  fact  that  the  warrant  authorizing  the  same  did  not 
specify  the  town  officers  to  be  elected  at  said  meeting, 
as  required  hy  law. 

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

Approved  May  5, 1896. 

Chap.SGS  An  Act  to  confirm  the  pkoceedings  of  the  annual  town 

MEETING   OF   THE   TOWN   OF   WALPOLE. 

Be  it  enacted,  etc.,  as  folloios  : 

fown^meeifng  ^        Section  1 .     Tlic  proccediugs  of  the  annual  town  nieet- 
ofwaipoie        ii^o;  gf  the  towii  of  Walpolc,  held  on  the  second  day  of 

conhrmed.  ^  i-         i     •         i  •     i  i  in  i       •  •  in 

March  in  the  year  eighteen  hundred  and  ninety-six,  shall 
not  be  invalid  by  reason  of  any  error  or  omission  in  the 
warrant  calling  said  meeting  or  in  the  constable's  return 
thereof;  and  the  action  of  said  meeting  in  voting  to 
make  an  additional  water  loan,  and  the  vote  authoriz- 
ing the  issue  of  water  ])onds  therefor,  are  hereby  rati- 
fied, confirmed,  and  made  legal  and  valid. 

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

Approved  May  5,  1896. 


annual    RETURNS     FROM    CERTAIN    CORPO- 
RATIONS. 


C^ap.369  An    Act  relative  to 

Be  it  enacted,  etc. ,  as  folloios : 

1887, 225,  §1.  Section  1.     Section  one  of  chapter  two  hundred  and 

twenty-five  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  is  hereby  amended  l)y  striking  out  in  the 
second  and  third  lines,  the  words  "  subsequently  to  the 
twenty-third  day  of  February  in  the  year  eighteen  hun- 

Certain corpora-  (jj.gj  ^ud  thirty",  SO  as  to  I'cad  as  follows  :  — Section'  1. 

tions  to  make  •  i  -x     ^  ^   •        /^^ 

annual  returns,  Evciy  corporatioii  chartered  by  this  Commonwealth,  or 
organized  under  the  general  laws,  for  the  purposes  of 
business  or  profit,  having  a  capital  stock  divided  into 
shares,  except  banks,  co-operative  banks,  savings  banks 


Acts,  1896.  — Chaps.  370,  371.  305 

and  institutions  for  savings,  insurance  companies,  includ- 
ing the  Massachusetts  Hospital  Life  Insurance  Company, 
steam  and  street  railway  companies,  safe  deposit  and 
trust  companies  and  the  Collateral  Loan  Company,  shall 
be  subject  to  the  provisions  of  sections  fifty-four,  fifty- 
five,  fifty-nine,  eighty-one,  eighty-two  and  eighty-four 
of  chapter  one  hundred  and  six  of  the  Public  Statutes, 
and  shall  annually  make  and  file  the  certificates  and  re- 
turns therein  required. 

Section  2.     This  act  shall  take  eftect  on  the  first  day  To  take  effect 

^  ^  ''  Tiilir    1       1SU« 

of  July  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  May  5,  1896. 


July  1,  1896. 


ChajJ.'^lO 


An   Act   to   confirm   certain   proceedings   of  the   town   of 
cummington. 

Be  it  enacted,  etc.,  as  foUotvs : 

Section  1.     The  action  of  the  town  of  Cummington  iToceediiiii;« 
relative    to    the   appropriation   of  money  for   telephone  cumm"n^ion 
service,  taken  at  the  annual  town  meeting  of  said  town  <=o'^*i'"™^'i- 
held  on  the  second  day  of  March  in  the  year  eighteen 
hundred  and   ninety-six,   is   hereby  legalized   and   con- 
firmed, but  nothing  herein  contained  shall  authorize  or 
empower  said  town  to  construct  or  maintain  a  telephone 
line. 

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

Approved  May  7,  1896. 


An  Act  to  incorporate  the  dorchester  woman's  club  house 
association. 


Cha2).371 


Be  it  enacted,  etc. ,  as  follows  : 

Section   1.     Harriet   E.    Bean,   Ella   C.   R.  Whiton,  Dorchester 
Ellen  E.  C.  Blair  and  their  associates  and  successors  are  Ho°uTe  Ansocia. 
hereby  made  a  corporation  by  the  name  of  the  Dorchester  r'a"ted°''**'^^°' 
Woman's  Club  House  Association,  with  all  the  powers 
and  subject  to  all  the  duties  set  forth  in  chapter  one  hun- 
dred and  six  of  the  Public  Statutes  and  acts  in  amendment 
thereof. 

Section  2.     The  par  value  of  shares  in  the   capital  capuui  stock. 
stock  of  said  corporation  shall  be  ten  dollars. 

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

Approved  May  7,  1896. 


306 


Acts,  1896.  — Chaps.  372,  373. 


Randolph 
Water  Loan. 


Gkap.372  -^^    ^^"^    "TO    AUTHORrZE    THE    TOWN    OF    RANDOLPH    TO    MAKE    AN 

ADDITIONAL   WATER   LOAN. 

Be  it  enacted^  etc.,  asfolloivs: 

Section  1.  The  town  of  Randolph,  for  the  purposes 
mentioned  in  section  live  of  chapter  two  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-five,  may  issue  l)onds,  notes  or  scrip  from  time  to 
time,  to  l)e  denominated  on  the  face  thereof,  Randolph 
Water  Loan,  to  an  amount  not  exceeding  ten  thousand 
dollars  in  addition  to  the  amounts  heretofore  authorized 
by  law  to  be  issued  by  said  town  for  the  same  purposes, 
said  bonds,  notes  or  scrip  to  be  issued  upon  the  same 
terms  and  conditions  and  with  the  same  powers  as  are 
provided  in  said  act  for  the  issue  of  the  Randolph  water 
loan  by  said  town  :  provided,  that  the  whole  amount  of 
bonds,  notes  or  scrip  issued  by  said  town  under  the 
authority  of  this  act,  together  with  those  heretofore  issued 
by  said  town  for  the  same  purposes,  shall  not  in  any 
event  exceed  the  amount  of  one  hundred  and  fifty-five 
thousand  dollars. 

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

Approved  May  7,  1896. 


Chan.?>73  -^^  -^^^^  making  appropriations  for  the  WORCESTER  NORMAL 
SCHOOL,  INDEXING  REGISTRATION  RETURNS  AND  FOR  CERTAIN 
OTHER   EXPENSES   AUTHORIZED   UY   LAW. 

Be  it  enacted,  etc.,  asfolloivs: 

Appropriations.  SECTION  1.  Tlic  suius  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  the  compensation  of  the  state  printing  expert,  as 
authorized  l)y  chapter  two  hundred  and  forty-eight  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  five  hun- 
dred dollars,  the  same  to  be  in  addition  to  the  amount 
appropriated  by  chapter  six  of  the  acts  of  the  present  year. 

For  completing  and  furnishing  the  gymnasium  of  the 
Worcester  normal  school,  as  authorized  by  chapter  fifty- 
four  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  ten  thousand  dollars. 


State  printing 
expert. 


Worcester 
normal  school 


Acts,  1896.  — Chap.  373.  307 

For  Philip  H.  Creasey,  as  authorized  by  chapter  fifty-  Phiiip  h. 
five  of  the  resolves  of  the  present  year,  the  sum  of  five  ^"''''^^^' 
hundred  dollars. 

For  Joseph  F.  Toole,  as  authorized  by  chapter  fifty-  Joseph  f. 
seven  of  the  resolves  of  the  present  year,  the  sum  of  two 
hundred  and  fifty  dollars. 

For  John  J.  Donahue,  as  authorized  by  chapter  fifty-  Johnj. 
eight  of  the  resolves  of  the  present  year,  the  sum  of  one     °°*  "^' 
hundred  and  fifty  dollars. 

For  the  compensation  and  expenses  of  the  commission  commiseion 
to   investigate  the   charitable   and  reformatory  interests  chiuurbi'f  alfd 
and  institutions  of  the  Commonwealth,  as  authorized  by  fmerTsrs^eu:. 
chapter  sixty  of  the  resolves  of  the  present  vear,  a  sum 
noit  exceeding  five  thousand  dollars. 

For  printing  the  report  of  the  state  board  of  health  Report  on  sani- 
upon  the  sanitary  condition  of  the  Neponset  meadows,  as  ofNeponset 
authorized  by  chapter  sixty-one  of  the  resolves  of  the  "^^  °"'^' 
present  year,  a  sum  not  exceeding  ten  hundred  and  sixty 
dollars. 

For  the  town  of  Orange,  as  authorized  by  chapter  Town  of 
sixty-two  of  the  resolves  of  the  present  year,  the  sum  '^'*°^^" 
of  three  hundred  and  fifty  dollars. 

For  the  preparation  of  an  index  to  the   registration  index  to  regis- 

,  ii'Ti  ii  •,/-•  ^ii  tration  returnp. 

returns,  as  authorized  by  chapter  sixty-nve  ot  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  two 
thousand  dollars. 

For  repairing   and  adding   to   the   standard  weights,  standard 
measures  and  balances  of  the  Commonwealth,  as  author-  measures,  etc. 
ized  by  chapter  sixty-six  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  widow  of  Frederic  T.  Greenhalge,  as  author-  widow  of 
ized  by  chapter  sixty-seven  of  the  resolves  of  the  present  Greenhaige. 
year,   the   sum   of  six  thousand  five  hundred  fifty-nine 
dollars  and  fourteen  cents. 

For   the   investigation   of  the  wants  of  the   port   of  docks^wharveB, 
Boston  for  an  improved  system  of  docks  and  wharves  ^^• 
and  terminal  facilities  in  connection  therewith,  as  author- 
ized by  chapter  sixty-eight  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  four  thousand  dollars,  in  addi- 
tion to  any  amount  heretofore  appropriated. 

For  the  reimbursement  of  the  naval  militia  for  such  united  states 
sum  of  money  as  has  been  expended  by  said  militia  in  fit-  Minnesota. 
ting  up  the  United  States  steamer    Minnesota,  and  for 
heating,  lighting  and   properly  furnishing  the  same,  as 


308  Acts,  1896.  — Chaps.  374,  375. 

authorized  by  chapter  two  hundred  and  eighty-nine  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  eight  thou- 
sand two  hundred  dollars. 

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

Approved  May  7,  1896. 

OhaU  '"574  ^^  -^^^  "^^  AUTHORIZE  THE  BROCKTON  STREET  RAILWAY  COMPANY 
TO  EXTEND  ITS  RAILWAY  INTO  THE  TOWNS  OF  EAST  BRIDGE- 
WATER,  WEST   BRIDGEWATER  AND   BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows  : 

RanwI°°com*'^'  SECTION  1.  The  Brockton  Street  Railway  Company 
pany  may  ex-  is  hereby  autliorizcd  and  empowered  to  construct,  main- 
into  certain        tail!  and  opcratc  its  railway  in  highways  and  townways  of 


towns. 


the  towns  of  East  Bridgewater,  West  Bridgewater  and 
Bridgewater  wherein  locations  therefor  may  hereafter 
from  time  to  time  be  granted  ])y  the  Ijoards  of  selectmen 
of  said  towns  respectively ;  and  also  upon  private  lands 
when  permission  so  to  do  shall  have  been  first  obtained 
from  the  owners  of  said  lands  in  all  cities  and  towns 
wherein  locations  for  its  railway  under  its  charter  and 
amendments  thereto  may  now  be  lawfully  granted,  but  the 
railway  of  said  company  shall  not  be  constructed  across 
the  tracks  of  any  railroad  at  the  same  level  therewith 
without  the  consent  of  the  railroad  commissioners  or  of  a 
board  of  special  commissioners  appointed  as  provided  in 
chapter  four  hundred  and  twenty-six  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-tive. 

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

Approved  May  7,  1896. 

CJiaj).375  ^'^  ■^'^'^  "^^  AUTHORIZE   THE   BROCKTON   STREET  RAILWAY  COMPANY 
TO   EXTEND   ITS   TRACKS  INTO   THE   TOWN  OF    EASTON. 

Be  it  enacted,  etc.,  as  follows: 

Brockton  street  SECTION  1.  Tlic  Brocktou  Street  Railway  Company 
pany  may  ex-  may,  subjcct  to  tlic  approval,  under  the  control  of  and 
imoEaston!  *  upoii  locatious  wliicli  uiay  be  granted  by  the  selectmen  of 
the  town  of  Easton,  as  provided  by  general  law,  extend  its 
tracks  into  the  town  of  Easton,  and  locate,  construct, 
maintain  and  operate  its  railway  in  any  street  in  said 
town,  with  single  or  double  tracks,  with  electricity  or  any 
other  motive  power  except  steam,  and  with  such  turn-outs, 
switches,  poles  and  wires  as  may  be  necessary  or  proper 
therefor ;  but  its  railway  shall  not  be  constructed  across 


Acts,  1896.  — Chaps.  376,  377.  309 

the  tracks  of  any  railroad  at  the  same  level  therewith 
Avithout  the  consent  of  the  railroad  commissioners  or  of 
a  board  of  special  commissioners  appointed  as  provided 
in  chapter  four  hundred  and  twenty-six  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-tive. 

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

Approved  May  7,  1896. 


An   Act    relative   to    the    market  limits    of   the    city   of 

BOSTON. 


Cliap.mQ 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  street  commissioners  of  the  May  extend 
city  of  Boston,  with  the  approval  of  the  mayor,  may  in  "f^Boston^etc. 
the  manner  prescrilied  for  laying  out  highways  in  said 
city,  from  time  to  time  extend  the  market  limits  of  said 
city  to  the  extent  which  they  may  deem  to  be  desirable, 
and  may  take  land  therefor  in  the  manner  provided  for 
taking  land  for  highways  in  said  city,  whether  such  land 
is  at  the  time  of  taking  used  as  a  highway  or  for  any 
other  pu1)lic  purpose. 

Section  2.  Any  person  whose  land  is  taken  under  Damages, 
the  provisions  of  the  preceding  section  shall  have  his 
damages  incurred  thereliy  paid  by  said  city,  and  may 
have  such  damages  determined  in  the  manner  provided 
for  the  determination  of  damages  for  taking  land  for 
highways  in  said  city ;  and  judgment  shall  be  entered 
and  execution  shall  issue  for  the  prevailing  party  as  in 
civil  cases. 

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

App)roved  May  7,  1896. 

An  Act  relative  to  the  sale  of  imitation  butter.  OJinn  377 

JSe  it  enacted,  etc.,  as  foUoivs  : 

Section  1.      Section  one  of  chapter  fifty-eight  of  the  isqi,  58.  §i, 

,  j»ji  •     ^  1  1  11  I'-V  etc.,  amended. 

acts  oi  the  year  eighteen  hundred  and  nniety-onc,  as 
amended  by  section  six  of  chapter  two  hundred  and 
eighty  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  is  hereby  amended  by  striking  out  in  the 
fourth  line,  the  word  "or",  and  inserting  after  the  word 
"  possession",  in  said  line,  the  words: — keep  in  stor- 
age, distrilmte,  deliver,  transfer  or  convey,  — and  by  in- 
serting in  the  fifth  line,  after  the  word  "  sell ",  the  words  : 
—  within  this   Commonwealth, —  so  as  to  read  as  fol- 


310 


Acts,  1896.  — Chap.  378. 


Manufacture, 
sale,  etc.,  of 
imitation  butter. 


1891,  412,  §  5, 
amended. 


Penalty  for 
furnishing 
imitation  butter 
in  certain  cases. 


lows  :  —  Section  1.  No  person,  by  himself  or  his  agents 
or  servants,  shall  render  or  manufacture,  sell,  offer  for 
sale,  expose  for  sale,  take  orders  for  the  future  delivery 
of,  have  in  his  possession,  keep  in  storage,  distribute, 
deliver,  transfer  or  convey  with  intent  to  sell,  within 
this  Commonwealth  any  article,  product  or  compound 
made  wholly  or  partly  out  of  any  fat,  oil  or  oleaginous 
substance  or  compound  thereof,  not  produced  from  un- 
adulterated milk  or  cream  from  the  same,  which  shall  be 
in  imitation  of  yellow  butter  produced  from  pure  unadul- 
terated milk  or  cream  of  the  same  :  provided,  that  nothing 
in  this  act  shall  be  construed  to  prohibit  the  manufacture 
or  sale  of  oleomargarine  in  a  separate  and  distinct  form 
and  in  such  manner  as  will  advise  the  consumer  of  its 
real  character,  free  from  coloration  or  ingredient  that 
causes  it  to  look  like  butter. 

Section  2.  Section  five  of  chapter  four  hundred  and 
twelve  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  inserting  in  the  second 
line,  and  also  in  the  fourth  line,  after  the  word  "  restau- 
rant", the  word  : —boarding-house,  —  so  as  to  read  as 
follows  :  —  Section  5.  Whoever  furnishes,  or  causes  to 
l)e  furnished,  in  any  hotel,  restaurant,  boarding-house, 
or  at  any  lunch  counter,  oleomargarine  or  butterine  to 
any  guest  or  patron  of  such  hotel,  restaurant,  boarding- 
house  or  lunch  counter,  in  the  place  or  stead  of  butter 
shall  notify  said  guest  or  patron  that  the  substance  so 
furnished  is  not  butter,  and  any  party  so  furnishing  with- 
out such  notice  shall  be  punished  by  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars  for  each  offence. 

Approved  May  7,  1896. 


Gha,p.^1S  ^'^  -'^CT  TO  AUTHOKIZE  THE  CLINTON  STREET  RAILWAY  COMPANY 
TO  EXTEND  ITS  TRACKS,  INCREASE  ITS  CAPITAL  STOCK  AND  ISSUE 
BONDS. 

Be  it  enacted,  etc.,  asfolloiss: 

Section  1.  The  Clinton  Street  Railway  Company  is 
hereby  authorized,  subject  to  the  approval  and  under  the 
control  of  the  selectmen  of  the  respective  towns,  as  pro- 
vided by  general  law,  to  construct,  extend,  maintain  and 
operate  its  street  railway  over  any  streets  and  highways 
in  the  towns  of  Lancaster  and  Leominster  upon  which 
locations  have  been  or  may  hereafter  be  granted  to  said 


The  Clinton 
Street  Railway 
Company  may 
extend  its  rail- 
way, etc. 


Acts,  1896.  — Chap.  378.  311 

corporation    by    the    selectmen    of   said   towns,   and,    if  gt^ree^'aaiT  a 
necessary  or  convenient,  upon  private  lands  acquired  by  Company  may 

i.  «/     GXtcDcl  its  rtiil- 

lease  or  purchase,  provided  that  no  location  on  private  way,  etc. 
land  shall  exceed  tifty  feet  in  width ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  conditions 
and  restrictions  set  forth  in  all  general  laws  that  now  are 
or  hereafter  may  be  in  force  relating  to  street  railway 
companies.  Said  company  may  maintain  and  operate  its 
railway  over  any  locations  which  have  been  or  may  be 
granted  to  or  acquired  by  it,  ])y  electricity  or  any  ap- 
proved motive  power  other  than  steam,  and,  with  the 
consent  of  the  selectmen  of  the  respective  towns  in  which 
said  locations  have  been  or  may  be  granted  or  acquired, 
may  make  such  underground  alterations  of  the  streets  or 
ways  and  may  erect  and  maintain  such  poles  and  wires 
as  may  be  necessary  for  the  })rt)pcr  transaction  of  the 
business  of  said  company.  It  may  acquire  by  purchase  May  acquire 
or  by  lease  all  necessary  real  estate,  including  water  reaf estate. 
power  and  flowage  rights,  for  its  power  station  and  other 
uses  incidental  to  the  proper  maintenance  and  operation 
of  its  railway. 

Section  2.  For  the  purpose  of  meeting  expenses  in-  May  increase 
curred  under  this  act,  and  for  Imildino-  its  road  over  usue^ondl'' 
locations  now  or  hereafter  granted  and  for  equipping  the  *  ^' 
same,  and  for  the  funding  or  refunding  of  its  present 
indebtedness,  said  Clinton  Street  Railway  Company,  by 
vote  of  the  majority  in  interest  of  its  stockholders  at 
meetings  duly  called  for  the  purpose,  may  from  time  to 
time  increase  its  capital  stock  and  issue  coupon  or  regis- 
tered bonds  in  such  amounts  as  the  board  of  railroad 
commissioners  shall  approve,  in  accordance  with  the  pro- 
visions of  the  general  laws  relative  thereto.  Such  bonds 
shall  bear  interest  not  exceeding  six  per  cent,  per  annum 
and  shall  run  for  a  term  not  exceeding  thirty  years  from 
the  date  thereof;  and  to  secure  the  payment  of  said 
bonds  said  company  may  make  a  mortgage  of  its  road 
and  franchise  and  of  the  whole  or  any  part  of  its  other 
property,  and  may  include  in  such  mortgage  property 
thereafter  to  l)e  acquired,  and  may  therein  reserve  to 
the  directors  the  right  to  sell  or  otherwise  in  due  course 
of  business  to  dispose  of  property  included  therein  which 
may  become  worn,  damaged,  or  otherwise  unsuitable  for 
use  in  the  operation  of  its  road,  provided  that  an  equiva- 
lent in  value  shall  be  substituted  therefor. 


312 


Acts,  1896.  — Chap.  379. 


Bonds  to  be 
approved. 


Company  may 
change  its  name. 


Section  3.  All  bonds  so  issued  shall  first  be  approved 
liy  some  person  appointed  by  the  corporation  for  that 
purpose,  who  shall  certify  upon  each  bond  that  it  is 
properly  issued  and  recorded ;  and  such  certificate  shall, 
as  regards  bona  fide  holders,  be  conclusive  of  the  regu- 
larity of  the  issue  and  sale  of  the  l)onds. 

Section  4.  Said  company  is  hereby  authorized  to 
change  its  name  to  Leominster  and  Clinton  Street  Rail- 
way Company. 

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

Approved  May  7,  1896. 


Chap.379 


City  of 
Marlborough. 


Government 
and  general 
managemoDt 
of  affairs. 


Wards. 


Meetings  of 
qualitied  voters, 


An  Act  to  revise  the  ciiarteu  of  the  city  of  marlhokough. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  inhabitants  of  the  city  of  Marl- 
l)orough  shall  continue  to  be  a  body  politic  and  cor- 
porate, under  the  name  of  the  City  of  Marlborough,  and 
as  such  shall  have,  exercise  and  enjoy  all  the  rights, 
powers,  privileges  and  immunities,  and  shall  be  subject 
to  all  the  duties  and  obligations  pertaining  to  and  now 
incumbent  upon  the  said  city  as  a  municipal  corporation. 

Section  2.  The  government  of  the  city  and  the  gen- 
eral management  and  control  of  all  the  fiscal,  prudential 
and  municipal  affairs  thereof  shall  be  vested  in  a  single 
officer,  to  be  called  the  mayor,  who  shall  also  l^e  the  pre- 
siding oflicer  of  the  board  of  aldermen,  but  shall  have  no 
A'ote  therein,  and  in  a  legislative  body,  to  be  called  the 
city  council ;  except  however  that  the  general  manage- 
ment and  control  of  the  public  schools  of  the  city  and  of 
the  buildings  and  property  pertaining  to  such  schools 
shall  be  vested  in  a  school  committee. 

Section  3.  The  boundary  lines  of  the  seven  wards 
shall  remain  as  now  established,  except  that  in  any  sub- 
sequent year  fixed  by  law  for  a  new  division  of  w^ards  in 
cities  the  number  of  wards  may  be  changed  by  vote  of 
the  city  council,  passed  with  the  assent  of  the  mayor,  at 
or  prioi'to  the  making  of  such  division ;  but  the  number 
of  wards  shall  never  be  less  than  seven. 

Section  4.  All  meetings  of  the  qualified  voters  of  the 
city  for  the  purpose  of  voting  at  elections  and  for  other 
municipal  or  legal  purposes  shall  be  called  by  warrants 
issued  l\y  order  of  the  board  of  aldermen,  which  shall  be 
in  such  form  and  be  served  and  returned  in  such  manner 


Acts,  1896.  — Chap.  379.  313 

and  at  such  time  as  the  city  council  may  by  ordinance 
direct. 

Section  5.     Tlie   municipal  election  shall  take   place  Municipal 
annually  on    the    first    Tuesday   of  December,    and   the  municipal  year, 
nmnicipal  year  shall  begin  at  ten  o'clock  in  the  forenoon 
of  the  first  Monday  of  the  following  January  and  con- 
tinue until  ten  o'clock  in  the  forenoon  of  the  first  Mon- 
day in  January  next  succeeding. 

Section  6.     At  the   municipal   election  the   qualified  ^"yor- '='.'y 

i  .  .  .  ^  council,  etc., 

voters  shall  in  the  several  wards  o-ive  in  their  votes  by  to  be  elected  by 

l)&Iiot   etc 

ballot  for  mayor  and  for  members  of  the  city  council  and 
of  the  school  committee,  or  for  such  of  them  as  are  to 
1)6  elected,  and  the  person  receiving  the  highest  number, 
of  votes  for  any  office  shall  be  deemed  and  declared  to 
be  elected  to  such  oflice ;  and  whenever  two  or  more 
persons  are  to  be  elected  to  the  same  office  the  several 
persons  up  to  the  numlier  required  to  be  chosen,  receiv- 
ing the  highest  number  of  votes,  shall  be  deemed  and 
declared  to  be  elected. 

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

Section  8.     When  no  convenient  wardroom  for  hold-  ward  meetingB 

,  .  ,  Ti      1  /»  may  be  held  in 

mg  the  meetings  of  the  qualified  voters  oi  a  ward  can  be  adjacent  ward, 
had  within  the  territorial  limits  of  such  ward  the  l)oard 


etc. 


314 


Acts,  189G.  — Chap.  379. 


General  meet- 
ings of  qualified 
voters. 


City  council. 


Board  of 
aldermen, 
election, 
terms,  etc. 


Common  coun- 
cil, election, 
term,  etc. 


of  aldermen  may,  in  the  warrant  for  calling  a  meeting 
of  the  qualified  voters  of  such  ward,  appoint  and  direct 
that  the  meeting  be  held  in  some  convenient  place  within 
the  limits  of  an  adjacent  ward  of  the  city ;  and  for  such 
purpose  the  place  so  assigned  shall  be  deemed  and  taken 
to  be  a  part  of  the  ward  for  which  the  election  is  held. 
The  city  council  shall  provide  suitable  halls  for  the  cau- 
cuses and  conventions  of  all  political  parties  recognized 
by  law. 

Section  9.  General  meetings  of  the  qualified  voters 
of  the  city  may  from  time  to  time  be  held  according  to 
the  right  secured  to  the  people  by  the  constitution  of  the 
Commonwealth ;  and  such  meetings  may  and,  upon  the 
request  in  writing  of  fifty  qualified  voters,  setting  forth 
the  purposes  thereof,  shall  be  called. 

Section  10.  The  city  council  shall  be  composed  of 
two  branches,  one  of  which  shall  be  called  the  board  of 
aldermen  and  the  other  the  common  council.  The  board 
of  aldermen  shall  be  composed  of  seven  members,  who 
shall  be  elected  by  and  from  the  qualified  voters  of  the 
entire  city.  At  the  first  municipal  election  held  under 
this  act  three  aldermen  shall  be  elected  who  shall  hokl 
ofiice  for  the  municipal  year  next  succeeding  their  elec- 
tion, and  four  aldermen  shall  be  elected  who  shall  hold 
ofiice  for  the  two  municipal  years  next  succeeding  their 
election,  and  thereafter  annually  there  shall  be  elected 
for  the  term  of  two  years  as  many  aldermen  as  may  be 
necessary  to  fill  the  vacancies  occurring  liy  reason  of 
expiration  of  terms  of  service.  If  in  any  year  of  a  new 
division  of  the  city  into  wards  the  number  of  wards 
shall  be  changed  the  terms  of  ofiice  of  all  the  aldermen 
shall  expire  'at  the  end  of  the  municipal  year  in  Avhich  the 
division  is  made,  and  at  the  municipal  election  occurring 
in  such  year,  aldermen,  as  many  in  number  as  there  are 
new  wards,  shall  be  elected.  The  board  of  aldermen  so 
elected  shall,  directly  after  its  organization,  so  assign  by 
lot  the  terms  of  the  respective  members  that  the  terms 
of  one  half  of  the  members  of  the  Ijoard,  as  near  as  may 
be,  shall  expire  each  year  thereafter ;  and  thereafter  an- 
nually there  shall  be  elected  for  the  term  of  two  years 
as  many  aldermen  as  may  be  necessary  to  fill  the  vacan- 
cies occurring  by  reason  of  expiration  of  terms  of  service. 
Two  meinl)ers  of  the  common  council  shall  be  elected 
annually  by  and  from  the  qualified  voters  of  each  ward, 


Acts,  1896.  — Chap.  379.  ^15 

and  the  councilmen  so  elected  shall  hold  office  for  the 
municipal  year  next  succeeding.  No  persom  shall  be 
eliiiible  for  election  as  common  councilman  unless  he  is 
at  the  time  of  his  election  a  resident  of  the  ward  from 
wliich  he  is  chosen ;  but  a  removal,  subsequent  to  his 
election,  to  another  ward  of  the  city  shall  not  disqualify 
such  officer  from  discharging  the  duties  of  his  office  dur- 
ing the  remainder  of  the  term  for  which  he  was  elected. 

Section   11.     The  mayor  elect  and  the  members  elect  oaths  of  office 

/•I  •  Mill  ir>  nr         ^  •         i         -r  01  mayor  and 

oi  the  City  council  shall  on  the  nrst  Monday  in  the  Janu-  members  of 
ary  next  succeeding  their  election,  at  ten  o'clock  in  the  "^"^  ''°"°'^' ' 
forenoon,  assemble  together  and  be  sworn  to  the  faithful 
discharge  of  their  duties.  The  oath  may  be  administered 
to  the  mayor  by  the  city  clerk  or  by  a  justice  of  a  court 
of  record  or  by  a  justice  of  the  peace,  and  the  oath  may 
be  administered  to  the  members  of  the  city  council  by 
the  mayor  or  by  the  city  clerk  or  by  a  justice  of  the 
peace.  In  case  of  the  alisence  of  the  mayor  elect  on  the 
first  Monday  in  January,  or  if  a  mayor  shall  be  subse- 
quently elected,  the  oatli  of  office  may  at  any  time  there- 
after be  administered  to  him  in  the  presence  of  the  city 
council ;  and  at  any  time  after  the  first  Monday  in  January 
the  oath  of  office  may  be  administered  in  the  presence  of 
either  branch  of  the  city  council  to  a  member  of  such 
branch  who  was  absent  on  the  first  Monday  in  January, 
or  who  shall  be  subsequently  elected.  A  certificate  that 
such  oath  has  been  taken  by  the  mayor  shall  be  entered 
in  the  journal  of  both  branches  of  the  city  council ;  and 
in  the  journal  of  each  branch  shall  be  entered  a  certificate 
that  the  oath  has  been  so  taken  by  the  members  of  that 
branch. 

Section  12.  Directly  after  the  oaths  of  office  have  organization  of 
been  administered  each  branch  of  the  city  council  shall  "'y '^o"""'' «'<= 
meet  and  organize  by  the  election  by  ballot  of  a  president. 
The  eldest  senior  member  of  the  common  council  present 
shall  preside  until  a  president  has  been  chosen.  The 
two  branches  shall  by  concurrent  vote  elect  by  ballot  a 
city  clerk,  who  shall  hold  office  for  the  municipal  year 
and  until  his  successor  is  elected  and  qualified.  The  city 
clerk  shall  also  be  the  clerk  of  the  board  of  aldermen ; 
but  in  case  of  delay  in  the  election  of  the  city  clerk,  or 
in  case  of  a  vacancy  in  the  office,  the  board  of  aldermen 
may  elect  a  temporary  clerk,  who  shall  act  as  clerk  of 
the  board  until  a  city  clerk  is  chosen  and  qualified.     The 


316 


Acts,  1896.  — Chap.  379. 


Removals 
Iroiu  office. 


Vacancy,  etc., 
in  office  of 
city  clerk. 


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


Special  meet- 
ines  of  city 
council,  etc. 


Quorum. 


city  clerk  shall  be  sworn  to  the  faithful  discharge  of  his 
duties,  in  the  presence  of  the  board  of  aldermen,  by  the 
mayor  or  by  a  justice  of  the  peace.  The  common  council 
shall  elect  its  own  clerk,  who  shall  be  sworn  to  the  faith- 
ful discharge  of  his  duties,  in  the  presence  of  the  council, 
by  the  president  or  by  a  justice  of  the  peace.  Each  clerk 
shall  attend  the  sessions  of  the  l)ranch  for  w^hich  he  is 
elected  and  shall  keep  a  record  of  its  proceedings,  and 
shall  perform  such  further  service  as  such  branch  may 
require.  The  president  of  the  board  of  aldermen  may  be 
removed  from  office  by  the  affirmative  votes  of  two  thirds 
of  all  the  memljers  of  the  said  board.  The  city  clerk  may 
be  removed  by  the  affirmative  votes  of  two  thirds  of  all 
the  members  of  each  branch  of  the  city  council,  after 
due  notice  and  hearing.  The  president  and  clerk  of  the 
common  council  may  each  be  removed  by  the  affirmative 
votes  of  two  thirds  of  all  the  members  of  the  common 
council.  In  case  of  the  temporary  absence  or  disability 
of  the  city  clerk  the  mayor  may,  with  the  consent  of  the 
l)oard  of  aldermen,  appoint  a  city  clerk  pro  tempore, 
who  shall  be  duly  sworn.  In  case  of  a  vacancy  in  the 
office  the  same  shall  be  filled  by  concurrent  vote  of  the 
two  branches.  The  two  branches  shall  by  ordinance  pro- 
vide for  the  election  by  concurrent  vote  of  a  clerk  of 
conmiittees,  and  may  so  provide  for  the  election  of  a  city 
messenger. 

Section  13.  Each  branch  of  the  city  council  shall  be 
the  judge  of  the  election  and  qualifications  of  its  own 
meml)crs,  shall  determine  the  rules  for  its  own  proceed- 
ings, and  may  appoint  such  assistant  clerks  and  other 
officers  as  may  be  necessary  for  the  proper  conduct  of  its 
own  business. 

Section  14.  The  mayor  may  at  any  time  call  a  special 
meeting  of  the  city  council  or  of  either  branch  thereof, 
by  causing  a  written  notice  of  such  meeting,  containing  a 
statement  of  the  subjects  to  be  considered  thereat,  to  1)e 
left  at  the  usual  place  of  residence  of  each  member  at 
least  eight  hours  previous  to  the  time  appointed  for  the 
meeting ;  and  no  other  business  shall  be  transacted  at 
such  special  meeting  except  by  unanimous  consent  of  all 
present. 

Section  15.  In  each  branch  of  the  city  council  a 
majority  of  the  whole  number  of  members  provided  to 
be  elected  shall  constitute  a  quorum  for  the  transaction 


Acts,  1896.  — Chap.  379.  317 

of  business,  but  a  smaller  number  may  adjourn  from  time 

to  time.     The  two  branches  shall  sit  separately  for  the  Transaction 

transaction  of  all  business,  and  subsequent  to  the  day  of  °^ ''"*'°'='"*- 

organization  they  shall  not  both  act   on  the  same   day 

upon  a  matter  involving  the  appropriation  or  exjiendi- 

ture  of  money. 

Section   16.     The  salary  of  the  mayor  is  hereby  estab-  saiaryof 
lished  at  one  thousand  dollars  for  each  municipal  year.       ™'*y°'- 

Section  17.  All  votes  of  the  city  council  making  Appropriations 
ap})ropriatious  or  loans  of  money  shall  be  in  itemized  ""^  '"'""*■ 
form,  and  when  brought  before  the  city  council  on 
recommendation  of  the  mayor  no  item  of  the  appropria- 
tion or  loan  in  excess  of  the  amount  recommended  by 
the  mayor  shall  be  passed  except  by  the  affirmative  votes 
of  two  thirds  of  the  members  of  each  branch  present  and 
voting  thereon. 

Section  18.  Either  branch  of  the  city  council  may  l)y  Private  sittings, 
special  vote  hold  private  sittings  for  the  consideration  ^^'^' 
of  candidates  for  election,  and  the  board  of  aldermen 
may  likewise  hold  private  sittings  for  the  consideration 
of  nominations  by  the  mayor ;  but  all  other  sittings  shall 
be  public  and  all  votes  on  elections  and  on  confirmation 
of  appointments  by  the  mayor  shall  be  taken  in  public. 

Section  19.     No   member    of  the   city  council   shall  Members  of 

•^  citv  council 

during  the  term  for  which  he  is  elected  hold  any  other  not  to  houi 

m^  •-•  ji  1  J  •  p  1   •    1     certain  other 

ce  or  position  the  salary  or  compensation  tor  which  office,  etc. 

is   payable  from  the  city  treasury,  nor   shall  he  act  as 

counsel    or  attorney   before  the  city  council   or    before 

either  branch  or  any  committee  thereof. 

Section  20.     Neither  the  mayor,  nor  any  member  of  Purchase  of 

,  .  .-  1  /•  -IT  supplies,  niiilj- 

the  city  council,  nor  any  member  or  any  city  board,  nor  ing  of  contracts, 
any  officer  of  the  city,  shall  directly  or  indirectly  pur- 
chase from  himself  or  from  any  firm  with  which  he  is 
connected  supplies  or  materials  on  account  of  or  for  the 
use  of  the  city,  or  contract  with  himself  or  with  any  firm 
with  which  he  is  connected  for  furnishing  any  supplies, 
materials  or  labor  on  account  of  or  for  the  use  of  the 
city. 

Section  21.     The  city  council  shall  have  power  within  city  ordinances, 
said  city  to  make  and  establish  ordinances  and  to  affix  penalties,  etc. 
thereto  penalties  for  the  violation  thereof,  as  herein  or 
by  general  law  provided,  without  the   sanction   of  any 
court  or  of  any  justice  thereof.     All  ordinances  so  made 
and  established  shall  be  forthwith  published  in  one  or 


318  Acts,  1896.  — Chap.  379. 

more  newspapers  designated  by  the  mayor,  and  they 
shall,  unless  they  contain  an  express  provision  for  a 
later  date,  take  eflect  at  the  time  of  their  approval  by 
the  mayor,  or,  if  a  penalty  for  their  violation  is  pro- 
vided, at  the  expiration  of  thirty  days  fi'om  the  day  of 
such  approval ;  but  a  failure  to  so  publish  shall  not  affect 
the  validity  of  any  ordinance. 

wa^s'etc'^^'  Section  22.  The  city  council  shall,  subject  always  to 
the  approval  of  the  mayor,  have  exclusive  authority  and 
power  to  order  by  concurrent  vote  the  laying  out,  locating 
anew  and  discontinuing  of,  and  making  of  specific  repairs 
and  alterations  in,  all  streets  and  ways  and  all  high- 
ways within  the  limits  of  the  city,  and  the  laying  out  of 
common  sewers  and  public  drains  ;  to  assess  the  damages 
sustained  thereby  by  any  person  ;  and,  except  as  herein 
otherwise  provided,  to  act  in  matters  relating  to  such 
laying  out,  locating  anew,  altering,  discontinuing  or  re- 
pairing ;  but  in  all  such  matters  action  shall  first  be  taken 
by  the  board  of  aldermen.  There  shall  be  no  appeal  from 
the  decision  of  the  city  council  in  refusing  to  lay  out, 
locate  anew,  alter,  discontinue  or  order  specific  repairs 
in  any  street,  way  or  highway.  Any  person  aggrieved 
by  the  action  of  the  city  council  in  the  assessment  of  his 
damages  in  any  case  mentioned  in  this  section  shall  have 
all  the  rights  and  privileges  now  by  law  in  similar  cases 
allowed  in  appeals  from  the  doings  of  selectmen. 

Mddmie^°oT'^*      Section  23.     Except  as  herein  otherwise  provided  the 

city  council.  eity  couucil  shall  in  general  have  and  exercise  by  con- 
current vote  the  legislative  powers  of  towns  and  of  the 
inhabitants  thereof,  and  shall  have  all  the  powers  and 
authority  given  to  city  councils  under  the  general  laws 
of  the  Commonwealth,  and  be^  subject  to  the  duties  im- 
posed on  city  councils ;  and  the  board  of  aldermen  shall 
have  and  exercise  all  the  powers,  other  than  executive, 
given  to  selectmen  of  towns,  and  to  the  board  of  alder- 
men of  the  city  of  Marlborough  under  any  special  laws 
heretofore  passed  w4th  reference  to  said  city  of  Marl- 
borough, and  all  the  powers  and  authority  given  to 
boards  of  aldermen  of  cities  not  inconsistent  with  the 
provisions  of  this  act,  and  shall  be  subject  to  the  duties 
imposed  upon  such  boards. 

Jf'L"iy°ir!®"'  Section  24.  The  mayor  shall  be  elected  from  the 
qualified  voters  of  the  city  and  shall  hold  oflSce  for  the 
municipal  year  next  succeeding  his  election  and  until  his 


Acts,  1896.  — Chap.  379.  319 

successor  is  elected  and  qualified,  except  that  when  elected 
to  fill  a  vacancy  he  shall  hold  office  only  for  the  unexpired 
term  and  until  his  successor  is  elected  and  qualified. 

Section  25.  The  mayor  shall  be  the  chief  executive  Mayor  to  be 
officer  of  the  city,  and  the  executive  powers  of  the  city  officer?*'*'""''^ 
shall  be  vested  in  him  and  be  exercised  by  him  either 
personally  or  through  the  several  officers  and  boards  in 
their  respective  departments,  unde*-  his  general  super- 
vision and  control.  The  mayor  may  by  notice  in  writ-  Removal  of 
ing  suspend  any  person  holding  office  by  election  l)y  the  "ffice^L^' 
city  council,  or  by  appointment  and  confirmation  by  the 
board  of  aldermen,  from  exercising  the  duties  of  such 
office  for  a  period  not  exceeding  ten  days ;  and  in  such 
case  shall  within  twenty-four  hours  thereafter  file  in  the 
office  of  the  city  clerk  written  notice  of  such  action  and 
of  his  reasons  therefor.  The  city  clerk  shall  immediately 
cause  written  notice  of  such  action  of  the  mayor  to  be 
sent  by  mail  to  the  members  of  the  body  charged  with 
the  election  or  confirmation,  as  the  case  may  be,  of  in- 
cumbents of  such  office.  Such  body  shall,  after  written 
notice  to  the  person  so  suspended,  give  a  hearing  before 
the  expiration  of  such  term  of  suspension,  upon  the 
reasons  assigned  for  his  suspension,  at  which  hearing  he 
shall  have  an  opportunity  to  be  heard.  The  mayor  may, 
after  such  hearing,  remove  such  suspended  officer  from 
his  office,  provided  two  thirds  of  all  the  members  of  such 
body  shall  by  vote  taken  by  yeas  and  nays  assent  to  such 
removal.  Tlie  city  council  may  remove  from  office  any 
person  elected  thereto  by  said  body,  after  written  notice 
and  a  hearing  given  to  such  person,  provided  that  two 
thirds  of  all  the  members  of  each  branch  of  the  city 
council,  acting  concurrently,  shall  vote  in  favor  of  such 
removal,  by  a  yea  and  nay  vote. 

Section  26.  The  mayor  shall  communicate  to  the  General  powers 
city  council  such  information  and  shall  recommend  such  mayo""'"'"^ 
measures  as  in  his  judgment  the  interest  of  the  city  shall 
require ;  shall  cause  the  laws,  ordinances  and  orders  for 
the  government  of  the  city  to  be  enforced,  and  shall 
secure  an  honest,  efficient  and  economical  conduct  of  the 
executive  and  administrative  business  of  the  city,  and  the 
harmonious  and  concerted  action  of  the  difierent  admin- 
istrative and  executive  departments. 

Section  27.     In  case  of  a  vacancy  in  the   office   of  Vacancy  in 

/,    1  .        T       ji  •  ,•  ,  office  of  mayor, 

mayor,  or  in  case  oi  his  death,  resignation  or  absence  etc. 


320 


Acts,  1896.  — Chap.  379. 


Appointments 
by  mayor  and 
aldermen. 


Record  of 
official  acts 
of  mayor  to 
be  kept. 


Mayor  to  con- 
sult with  heads 
of  departments. 


Estimates  for 
the  several  de- 
partments, etc. 


Appropriations 
and  expendi- 
tures. 


from  the  Commonwealth,  or  of  his  inability  from  other 
cause  to  perform  the  duties  of  his  office,  the  president 
of  the  board  of  aldermen  shall,  under  the  style  of  acting 
mayor,  exercise  the  powers  and  perform  the  duties  of 
mayor,  except  that  he  shall  not,  unless  authorized  thereto 
in  a  special  instance  by  the  city  council,  make  any  per- 
manent appointment  or  removal  from  office  ;  nor  shall  he, 
unless  such  disability  of  the  mayor  has  continued  at  least 
ten  days,  or  unless  the  office  of  mayor  has  become  vacant, 
have  power  to  approve  or  disapprove  any  ordinance, 
order,  resolution  or  vote  of  the  city  council. 

Section  28.  The  mayor  shall  appoint,  subject  to  the 
confirmation  or  rejection  of  the  board  of  aldermen,  all 
the  officers  of  the  city,  except  those  whose  election  or 
appointment  is  herein  otherwise  provided  for.  No  such 
appointment  made  by  the  mayor  shall  be  acted  upon  by 
the  board  of  aldermen  until  the  expiration  of  one  week 
from  the  time  when  the  appointment  is  transmitted  to  the 
board,  except  by  unanimous  consent. 

Sectiox  29.  The  mayor  shall  cause  to  be  kept  a  record 
of  all  his  official  acts,  and  for  that  purpose  and  to  aid  him 
in  his  official  duties  he  may  at  any  time  require  the  aid  of 
any  clerk  regularly  employed  by  the  city. 

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

Section  31.  The  mayor  shall,  prior  to  the  first  day 
of  March  in  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  he  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  first  week  in  March,  transmit  such  estimates  to 
the  city  council,  recommending  appropriations  for  each 
department  or  purpose  as  he  shall  deem  necessary  therefor. 
Section  32.  No  sum  appropriated  for  a  specific  pur- 
pose shall  be  expended  for  any  other  purpose ;  and  no 
expenditure  shall  be  made  and  no  liability  incurred  by  or 
in  behalf  of  the  city  until  the  city  council  has  duly  voted 
an  appropriation  sufficient  to  meet  such  expenditure  or 
liability,  together  with  all  prior  unpaid  liabilities  which 


Acts,  1896.  — Chap.  379.  321 

are  payable  therefrom,  except  that  after  the  expiration  of 
the  tinancial  year  and  before  the  making  of  the  regular 
annual  appropriations  liabilities  payable  out  of  a  regular 
appropriation  may  be  incurred  to  an  amount  not  exceed- 
ing one  fourth  of  the  total  of  the  appropriation  made  for 
similar  purposes  in  the  preceding  year. 

Section   33.      The   mayor   shall    annually  require    all  ^enl^o""?' 
boards   and  officers   intrusted  with  the   receipt  and  ex-  ceipts,  expendi- 

•  /»-!•  I'll  T  t  tUrGS)  6lC* 

penditure  of  pulilic  money  and  with  the  care  and  custody 
of  public  property  to  make  particular  and  detailed  state- 
ments thereof,  and  shall  cause  such  statements  to  be 
published  for  the  information  of  the  citizens. 

Section  34.  There  shall  be  the  following  adminstra-  Administrative 
five  officers,  who  shall  perform  the  duties  by  law  pre- 
scribed for  them  respectively,  and  such  further  duties 
not  inconsistent  with  the  nature  of  their  respective  offices 
and  with  general  laws  as  the  city  council  may  prescribe  : 
—  A  city  treasurer,  a  city  collector,  a  city  auditor,  a  city 
solicitor,  a  city  physician,  a  city  engineer,  a  board  of 
assessors,  to  consist  of  three  persons,  a  board  of  over- 
seers of  the  poor,  to  consist  of  three  persons,  a  board  of 
health,  to  consist  of  three  persons,  and  of  whom  the  city 
physician  shall  by  virtue  of  his  office  be  one,  and  a  board 
of  public  works,  to  consist  of  three  persons.  The  treas- 
urer, collector,  auditor,  solicitor,  physician  and  engineer 
shall  be  elected  annually  in  the  month  of  January  l)y  the 
concurrent  vote  of  both  branches  of  the  city  council,  and 
shall  hold  office  for  the  term  of  one  year.  The  members  of 
the  board  of  assessors,  overseers  of  the  poor,  and  the  two 
members  who  with  the  city  physician  are  to  compose  the 
board  of  health,  shall  be  elected  respectively  by  con- 
current vote  of  both  branches  of  the  city  council  for  the 
term  of  three  years,  excepting  that  said  two  members  of 
the  board  of  health  shall  be  elected  for  the  term  of  two 
years ;  and  one  member  of  each  of  said  boards,  exclusive 
of  the  city  physician,  shall  be  elected  annually  in  the 
month  of  January,  as  the  terms  of  the  incumbents  of  said 
offices  expire.  Vacancies  occurring  in  an}^  of  said  boards 
or  offices  may  be  filled  by  the  city  council  by  concurrent 
vote  at  any  time  for  the  unexpired  term.  The  board  of 
public  works  shall  be  appointed  in  the  month  of  January 
by  the  mayor  and  confirmed  by  the  board  of  aldermen ; 
of  the  members  of  said  board  first  appointed  one  shall  be 
appointed  for  the  term  of  three  years,  one  for  the  term  of 


322 


Acts,  1896.  — Chap.  379. 


Board  of  public 
works,  powers 
and  duties. 


Obstruction  of 
highways,  etc. 


Plans  to  be 
made  showing 
existing  water 
courses,  etc. 


two  years  and  one  for  the  term  of  one  year,  and  thereaffcer- 
wards  one  meml^er  shall  be  appointed  annually  in  the 
month  of  January  for  the  term  of  three  years.  The  mayor 
shall  designate  the  chairman  of  said  board.  Vacancies  oc- 
curring in  said  l)oard  may  be  filled  by  the  mayor  and  al- 
dermen at  any  time  for  the  unexpired  term,  in  the  same 
manner  as  original  appointments  are  made  to  said  office. 
The  respective  terms  of  the  foregoing  officers  and  mem- 
bers shall  begin  on  the  first  Monday  of  February  in  the  year 
of  their  election  or  appointment,  respectively,  and  they 
shall  hold  office  until  their  successors  are  duly  elected  or 
appointed,  and  qualified. 

Section  35.  The  board  of  public  works  shall  have  and 
exercise  the  powers  of  surveyors  of  highways,  and  shall 
also  have  charge  of  the  construction,  maintenance,  altera- 
tion and  repair  of  all  streets,  highwa3's  and  other  ways, 
and  of  all  sidewalks,  bridges  and  sewers,  sewerage  works, 
drains  and  waterways.  No  department  of  said  city  and  no 
corporation  or  person  shall  at  any  time  open,  dig  up  or 
otherwise  obstruct  any  street,  highway,  way  or  sidewalk  in 
the  city,  or  lay  pipes  or  erect  or  maintain  poles  or  any 
other  structure  within  the  location  of  any  such  street, 
highway,  way  or  sidewalk,  except  by  order  of  the  city 
council,  without  the  consent  of  said  board  in  writing  pre- 
viously olrtained.  Said  board  may  apportion  and  delegate 
its  various  powers  and  duties  among  sub-departments  or 
divisions,  each  of  which  may  be  in  charge  of  a  superin- 
tendent or  foreman,  who  shall  be  appointed  and  may  be 
removed  by  said  board. 

Sectiox  36.  The  board  of  public  works  shall  from 
time  to  time  as  the  city  council  shall  direct  cause  to  l)e 
made  under  its  direction  plans  of  such  territory  or  sec- 
tions of  land  in  said  city  as  said  city  council  shall  direct, 
showing  thereon  existing  water  courses  and  valleys,  and 
the  location,  grades  and  the  required  sections  or  carrying 
capacity  of  such  water  courses,  so  far  as  may  be  necessar}' 
for  the  complete  and  proper  carrying  of  the  estimated 
quantity  of  water  that  should  be  provided  for  through 
said  valleys  and  water  courses,  and  also  the  width  or 
amount  of  land  necessary  to  be  entered  upon  for  the 
proper  construction  and  maintenance  of  drains  or  water- 
ways to  be  used  therefor.  Said  plans  shall  also  show 
such  existing  buildings,  streets,  property  lines  and  other 
data  as  may  be  required  for  the  proper  determination  of 


Acts,  1896.  — Chap.  379.  323 

such  location  indicated ;  but  inaccuracies  and  omission  of 
such  information  shall  not  render  such  plans  invalid. 
No  person  or  corporation  shall  enter  any  drain  or  sewer  watercourses, 
into  any  such  water  course,  nor  conduct  any  sewerage  polluted,  etc. 
or  drainage  matter  or  pollution  of  any  kind  therein,  nor 
into  any  water  course,  channel  or  stream,  natural  or  arti- 
ficial, connected  therewith,  and  shall  not  injure,  destroy, 
divert  or  obstruct  any  such  water  course. 

Section  37.  The  board  of  public  works  shall  from  pianstobe 
time  to  time,  as  directed  by  the  city  council,  cause  plans  locatiou  of  ex- 
to  be  made  of  such  portions  of  the  city  as  said  city  council  parkl^etc!*^*' 
shall  direct,  showing  thereon  the  location  of  existing 
streets,  ways  and  parks,  and  all  such  streets,  ways  and 
parks,  whether  already  laid  out  or  not,  as  said  board  of 
public  works  shall  be  of  the  opinion  the  present  or  future 
necessity  of  the  city  shall  require  within  the  territory  upon 
said  plans,  showing  clearly  the  direction,  width,  grade 
and  l)oundary  lines  of  such  streets,  ways  and  parks.  The 
completion  and  filing  as  herein  provided  of  any  such  plan 
shall  define  the  location  for  streets,  ways  and  parks  in 
the  portion  covered  by  said  plan.  No  street  or  way 
shall  hereafter  be  laid  out  by  the  city  council  in  territory 
included  in  said  plans,  except  in  accordance  with  streets 
and  ways  as  laid  out  thereon. 

Section  38.  Before  making  any  plan  as  herein  pro-  Hearing  to  be 
vided  the  board  of  i)ul)lic  works  shall,  after  due  notice  ilJopen  t"o°pub. 
to  all  parties  interested,  give  a  hearing ;  and  after  the  ^'^c^j^^pection, 
making  of  said  plan  and  before  adopting  and  recording 
the  same  shall  give  a  like  notice,  and  shall  keep  said  plan 
open  to  public  inspection  for  two  months  after  the  first 
notice  of  said  second  hearing  and  before  the  date  thereof. 
Notice  shall  be  given  of  each  such  hearing  and  the  placing 
of  each  such  plan  open  to  public  inspection,  in  at  least 
two  newspapers  pul^lished  in  said  city,  once  a  week  for 
three  successive  weeks  before  the  hearing  or  placing  of 
said  plan  open  to  public  inspection.  Said  plan  after  said 
hearings  and  after  being  kept  open  to  public  inspection 
as  herein  pro'S'ided,  and  after  such  alterations  shall  have 
been  made  thereon  as  may  be  deemed  necessary  by  said 
l)oard,  shall  l)e  marked  as  made  under  the  provisions  of 
this  act,  1)6  signed  and  approved  by  a  mdjority  of  said 
board  of  public  works  and  be  filed  in  the  ofiice  of  the  city 
engineer,  and  the  date  of  the  filing  be  written  thereon 
and  attested  by  said  city  engineer.     Every  plan  so  signed 


324 


Acts,  1896.  — Chap.  379. 


Plans  may  be 
amended,  etc. 


May  enter  upon 
lands,  make 
surveys,  etc. 


Damages,  etc. 


Enforcement 
of  provisions 
of  sections 
35  to  40. 


Additional 
officers,  etc. 


Changes  in 
boards  and 
ofScee. 


and  attested  shall  be  prima  facie  evidence  that  said  plan 
and  all  data  made  thereon  are  under  the  authority  of  and 
in  accordance  with  the  provisions  of  this  act.  Every 
such  plan  may  be  amended,  annulled  or  repealed  after 
like  notices,  hearings  and  proceedings  as  for  adopting 
the  same,  either  by  said  board  of  public  works  or  by  the 
city  council. 

Section  39.  The  board  of  public  works  may  enter 
into  and  upon  any  land  so  far  as  it  deems  necessary  to 
carry  out  the  provisions  of  this  act,  and  make  such  ex- 
aminations and  surveys  as  it  deems  necessary.  Any 
person  injured  in  his  property  by  acts  done  under  the 
provisions  of  this  section  shall  be  entitled  to  damages 
therefor,  to  be  determined  in  the  manner  provided  for 
determining  and  paying  damages  sustained  in  laying  out 
streets  and  ways  in  said  city.  The  preceding  sections, 
thirty-five  to  thirty-nine,  inclusive,  shall  not  be  con- 
strued to  authorize  any  taking  or  condemnation  of  land 
or  rights  in  or  appertaining  to  land,  or  any  water  rights 
or  easements. 

Sectiox  40.  Said  city  may  from  time  to  time  make 
ordinances  for  the  purpose  of  enforcing  and  carrying  out 
the  provisions  of  sections  thirty-live  to  forty,  inclusive, 
of  this  act,  and  affix  penalties  thereto  not  exceeding  fifty 
dollars  for  each  offence. 

Section  41.  The  city  council  may  from  time  to  time, 
subject  to  the  provisions  of  this  act  and  in  accordance 
with  general  laws,  if  they  exist  in  any  particular  case, 
provide  ]jy  ordinance  for  the  establishment  of  additional 
boards  and  other  officers  for  the  control  and  care  of 
public  parks,  public  grounds  and  cemeteries,  and  for 
other  municipal  purposes  ;  may  determine  the  numl)er 
and  duties  and  terms  of  office  of  the  incumbents  of  such 
boards  and  offices  ;  and  for  such  purposes  may  delegate 
to  such  boards  and  offices  the  administrative  powers 
given  l)y  general  laws  to  city  councils  and  boards  of 
aldermen.  The  city  council  may  likewise  from  time  to 
time  consolidate  boards  and  offices  now  or  hereafter 
established  under  the  provisions  of  this  act,  and  may 
separate  and  divide  the  powers  and  duties  of  such  boards 
and  offices,  and  may  transfer  such  powers  and  duties  to 
other  boards  and  offices  now  or  hereafter  estaljlished 
under  the  provisions  of  this  act,  may  increase  the  num- 
ber of  persons  constituting  either  of  the  boards  above- 


Acts,  1896.  — Chap.  379.  325 

specified,  and  when  such  increase  has  been  made  may 
subsequently  diminish  the  number,  may  increase  or  dimin- 
ish the  number  of  persons  who  shall  perform  the  duties 
of  an  otlice  or  board  now  or  hereafter  established  as 
above-provided,  and  may  abolish  an  office  or  board  so 
hereafter  established.  The  members  of  all  l)oards  and  Appointment. 
offices  provided  for  in  this  section  shall  be  appointed  by  certain  officers. 
the  mayor  and  confirmed  ])y  the  board  of  aldermen. 
The  term  of  every  administrative  officer  and  of  members 
of  every  administrative  board,  not  otherwise  provided 
for,  shall  begin  on  the  first  Monday  of  February  in  each 
year,  and  shall  continue  for  one  year,  unless  the  city 
council  hy  ordinance  shall  otherwise  determine ;  and 
every  such  officer  or  member  shall  continue  to  hold 
office  until  his  successor  is  duly  appointed  or  elected, 
and  qualified.  Nothing  in  this  section  shall  be  construed 
to  prevent  the  appointment  or  election  of  any  such  officer 
or  member  at  any  time  to  serve  during  the  remainder  of 
the  prescribed  term. 

Section  42.     All  administrative  officers  shall  ])e  sworn  oatha  of  office, 
to  the  faithful  discharge  of  their  respective  duties,  and  '■''°°"'''- 
certificates  of  their  oaths  shall  be  made  and  kept  in  the 
office  of  the  city  clerk ;  and  all  such  boards  and  other 
officers  shall  keep  a  record  of  their  official  transactions, 
and  such  record  shall  be  open  to  pul)lic  inspection. 

.Section  48.     The  city  council  shall  require  the  city  certain  officers 
treasurer,  the  city  collector,  and  the  city  clerk,  and  may  '<*  sive  bonds. 
require   all    other  officers    who    are    intrusted    with   the 
receipt,  care  or  disbursement  of  money,  to  give  bonds 
with  such  security  as  it  shall  deem  proper,  for  the  faith- 
ful discharge  of  their  respective  duties. 

Section  44.     The  administrative  boards  and   officers  subordinate 
above-specified,  and  every  administrative  board  and  offi-  etcrof'adminik- 
cer   hereafter  estal)lislied  by  the  city  council  under  the  etc"^'  ^''^'^'' 
provisions  of  this  act,  and  having  the  charge  of  a  depart- 
ment, .shall  have  the  power  to  appoint  and  employ  and 
to  discharge  and  remove  all  subordinate  officers,  clerks 
and  assistants,  in  their  respective  departments  ;  and  they 
shall   keep  a  record,  subject  to  ins})ection,  of  all  so  ap- 
pointed and  employed  and  of  all  discharged  and  removed, 
and,   in  case  of  discharge  and  removal,  of  the  grounds 
therefor. 

Section  45.     The  several  administrative   boards   and  .^"P'^y^^f."***^ 

/Y>  1         .  1  .1  ,       T  labor,  making 

officers  having  charge  ot  departments  shall  within  their  of  contracts,  etc. 


326 


Acts,  1896.  — Chap.  379. 


Employment  of 
labor,  making 
of  contracts,  etc. 


Police  depart- 
ment. 


Fire  depart- 
ment. 


Water  commiB> 
Bioners,  t'lec- 
tion,  teriutj,  etc. 


respective  departments  employ  all  labor,  make  and  exe- 
cute all  necessary  contracts,  purchase  all  materials  and 
su})i)lies,  have  the  entire  care,  custody  and  management 
of  all  public  Avoiks,  institutions,  l)uildings  and  other 
property,  and  shall  in  general  have  the  immediate  direc-. 
tion  and  control  of  all  executive  and  administrative  lousi- 
ness ;  and  they  shall  at  all  times  be  accountable  for  the 
})ro])er  discharge  of  their  duties  to  the  mayor  as  the 
chief  executive  otliccr  of  the  city.  All  contracts  made 
in  behalf  of  the  city  in  which  the  amount  involved  ex- 
ceeds three  hundred  dollars,  in  order  to  be  valid,  shall 
be  aj)})roved  in  writing  by  the  mayor;  and  exce])t  as 
herein  otherwise  provided  or  by  law  required  no  ex- 
penditure shall  be  made  or  liability  incurred  for  any 
purpose  beyond  the  appropriations  previously  made 
therefor. 

Section  46.  The  city  council  shall  establish  a  police 
dci)artment,  to  consist  of  a  city  marshal  or  chief  of  police, 
and  as  many  regular  police  ofKcers  as  it  may  from  time  to 
time  decide.  The  city  marshal  or  chief  of  police  shall  be 
api)ointed  annually  for  the  term  of  one  year  and  until  his 
successor  is  appointed  and  qualified.  All  regular  j)()lice 
officers  shall  serve  during  good  behavior  and  until  re- 
moved for  cause,  after  due  notice  and  hearing.  Such 
number  of  special  police  officers  and  of  constables  as  the 
city  council  may  from  time  to  time  decide  shall  also  be 
ajjpointed. 

Sec'iiox  47.  The  city  council  shall  estal)lish  a  fire 
dei)artment  and  provide  for  the  appointment  of  a  chief 
engineer  and  of  such  other  members  of  the  department 
as  it  may  from  time  to  time  determine. 

Section  48.  The  city  council  shall  elect  by  concur- 
rent vote  a  board  of  water  commissioners,  to  consist  of 
three  persons,  to  serve  for  three  years,  one  to  l)e  elected 
in  January  in  each  year  as  the  respective  terms  of  office 
of  the  })resent  incumbents  ex])ire,  and  one  each  year 
thereafter.  The  mayor  shall  designate  the  chairman  of 
said  board.  Said  board  may  apjooint  and  remove  a 
superintendent  of  water  works  and  a  Avater  registrar, 
and  may  fix  the  salaries  of  said  officers.  Said  board 
shall  exercise  such  }K)\vers  and  perform  such  duties  in 
relation  to  the  city  water  works  and  water  sup})ly  as  the 
city  council  shall  by  ordinance  prescribe  and  ])y  order 
direct,  and  in  the  absence  of  such  ordinance  or  order 


Acts,  1896.  — Chap.  379.  327 

said  board  shall  have  and  exercise  the  powers  and  duties 
intrusted  to  the  water  commissioners  of  the  city  of  Marl- 
borough by  existing  law.  The  city  council  may  by  ordi- 
nance abolish  said  board  and  in  like  manner  may  provide 
that  any  or  all  said  powers  and  duties  shall  l)e  vested  in 
the  board  of  pul)lic  works,  or  in  any  other  board  estab- 
lished under  the  provisions  of  this  act.  Vacancies  occur-  Vacancies. 
ring  in  said  l)oard  may  be  filled  by  the  city  council  by 
concurrent  vote  at  any  time. 

Section  49.     The  city  council  shall  elect  by  concur-  Trustees  of 
rent   vote   nine   persons   to    be   trustees    of  the   public  eiectlonl'termB, 
library,  to  serve  for  three  years,  three  to  he  elected  in  ^^^' 
January  in  each  year  as  the  respective  terms  of  office  of 
the   existing  library  committee  expire,  and  three  each 
year  thereafter.     The  present  incumbents  of  the  library 
committee  shall  continue  to  hold  their  said  offices  until 
the  expiration  of  their  respective  terms  as  provided  in 
this  act,  under  the  name  of  the  trustees  of  the  public 
library.     Vacancies  occurring  in  said  board  may  be  filled  Vacanciee,  etc. 
by  the  city  council  by  concurrent  vote  at  any  time.      Said 
trustees  shall  have  the  management  and  control  of  the 
public  library  of  said  city  of  Marlborough,  and  the  ex- 
penditure of  all  moneys  which  may  be  appropriated  by 
said  city  for  said  library,  and  of  all  moneys  which  may 
come  into  the  possession  of  said  city  for  the  benefit  of 
said  library,  and  may  employ  such   assistants  as  they 
shall  deem  necessary,  and  establish  their  rate  of  com- 
pensation. 

Section  50.  Every  administrative  board,  through  its  officers  to 
chairman,  and  every  officer  having  charge  of  a  depart-  iuFoTm&uou^"^ 
ment  shall  at  the  request  of  either  branch  of  the  city 
council  appear  before  it  and  give  such  information  as  it 
may  require  in  relation  to  any  matter,  act  or  thing  con- 
nected with  the  discharge  of  the  duties  of  such  Ijoard  or 
office ;  and  when  so  requested  to  appear  the  officer  who 
appears  shall  have  the  right  to  speak  upon  all  matters 
under  consideration  relating  to  his  department. 

Section  51.  The  city  council  shall  establish  by  ordi-  Salaries. 
nance  the  salary  or  compensation  of  every  officer  except 
the  mayor  and  except  as  herein  otherwise  provided ;  but 
after  the  first  municipal  year  under  this  act  no  ordinance 
changing  any  such  salary  or  compensation  shall  take  eflect 
until  the  municipal  year  succeeding  that  in  which  the 
ordinance  is  passed. 


328 


Acts,  1896.  — Chap.  379. 


School  commit- 
tee, election, 
term,  etc. 


Vacancies. 


Organization, 
quorum,  etc. 


Superintendent 
of  schools,  etc. 


Section  52.  The  management  and  control  of  the  pub- 
lic schools  of  the  city  shall  l^e  vested  in  a  school  com- 
mittee, consisting  of  seven  members,  who  shall  be  elected, 
one  from  each  ward,  by  the  qualified  voters  of  the  entire 
city,  and  shall  serve  without  compensation  for  the  term  of 
three  years  beginning  on  the  first  Monday  in  January,  and 
shall  be  elected  as  follows  :  At  the  first  annual  municipal 
election  held  under  this  act  and  at  the  annual  municipal 
election  occurring  in  every  succeeding  year  thereafter 
there  shall  be  elected  as  many  members  of  the  school 
committee  as  may  ])e  necessary  to  fill  the  vacancies  occur- 
ring in  said  board  by  reason  of  expiration  of  terms  of 
service  in  the  municipal  year  in  which  such  election 
occurs.  The  mayor  shall  be  the  presiding  ofiicer  of  said 
board  but  shall  not  have  the  right  to  vote. 

Sectiox  53.  In  case  of  a  vacancy  in  the  office  of  a 
member  of  the  school  committee  the  mayor  shall  call  a 
joint  convention  of  the  city  comicil  and  of  the  school 
committee,  at  which  the  mayor  shall  preside ;  and  such 
vacancy  shall  by  vote  of  a  majority  of  all  the  members  of 
the  two  bodies  be  filled  by  the  election  of  a  member  to  serve 
until  the  end  of  the  municipal  year  in  which  the  warrant 
for  the  next  annual  municipal  election  shall  be  issued ; 
and  at  such  election  the  further  vacancy,  if  any,  shall  be 
filled  for  the  remainder  of  the  unexpired  term,  in  the  same 
manner  as  the  member  whose  office  is  vacant  is  elected. 

Section  54.  The  school  committee  shall  meet  on  the 
first  Monday  in  January  in  each  ^ear  and  organize  by  the 
election  by  ballot  of  one  of  its  members  as  chairman,  who 
shall  preside  in  the  absence  of  the  mayor,  and  by  the 
election  of  a  clerk.  The  committee  shall  be  the  judge 
of  the  election  and  qualification  of  its  members  and  shall 
determine  the  rules  for  its  proceedings.  A  majority  of 
the  whole  number  provided  to  be  elected  shall  constitute 
a  quorum  for  the  transaction  of  liusiness,  but  a  smaller 
numlier  may  adjourn  from  time  to  time. 

Section  55.  The  school  committee  shall  elect  a  super- 
intendent of  schools,  who  shall  not  l)e  a  member  of  said 
committee,  and  may  appoint  such  other  subordinate  officers 
and  assistants  as  it  may  deem  necessary  for  the  proper  dis- 
charge of  its  duties  and  the  conduct  of  its  business  ;  shall 
define  their  terms  of  service  and  duties  and  fix  their 
compensation,  and  may  remove  and  discharge  them  at 
pleasure. 


Acts,  1896.  — Chap.  379.  329 

Section  56.  The  school  committee,  in  addition  to  the  school  lands, 
exercise  of  the  powers  and  the  discharge  of  the  duties  "'  *°^*' 
imposed  by  law  upon  school  committees,  shall,  subject  to 
the  approval  of  the  mayor  and  to  the  provisions  of  the 
following  three  sections,  have  full  power  and  authority  to 
select  and  purchase  lands  for  school  purposes,  to  deter- 
mine the  plans  of  all  school  buildings  to  be  erected, 
to  order  all  additions,  alterations  and  repairs  to  school 
buildings,  and  to  provide  when  necessary  temporary 
accommodations  for  school  purposes,  and  shall  supervise 
and  direct  the  making  of  all  additions,  alterations  and 
repairs  to  school  buildings. 

Section  57.  The  school  committee  shall  in  the  month  Estimates  of 
of  January  in  each  year  submit  to  the  mayor  an  estimate  ^^p®"***®- 
in  detail  of  the  amount  deemed  by  it  necessary  to  expend 
for  its  purposes  during  the  succeeding  financial  year ; 
and  the  mayor  shall  transmit  the  same,  with  the  estimates 
of  the  departments,  to  the  city  council,  and  shall  recom- 
mend such  appropriations  as  he  shall  deem  necessary. 

Section  58.  Unless  thereto  required  by  law  the  school  penduur"'  ^e^tc 
committee  shall  cause  no  lial)ility  to  be  incurred  and  no 
expenditure  to  be  made  for  any  purpose  ])eyond  the 
specific  appropriation  which  may  l)e  made  therefor  by 
the  city  council,  except  that  after  the  expiration  of  the 
financial  year  and  before  the  making  of  the  regular  annual 
appropriations  liabilities  payable  out  of  a  regular  appro- 
priation may  ])e  incurred,  to  an  amount  not  exceeding 
one  fourth  of  the  total  of  the  appropriation  made  for 
similar  purposes  in  the  preceding  year. 

Section  59.     All  orders,  resolutions  and  votes  of  the  orders,  etc., 
school  committee  Avhich  involve  the  expenditure  of  money  p°endi?u°rl  o^' 
shall  be  presented  to  the  mayor  for  his  approval  in  writ-  ™°°^y- 
ing ;   and  thereupon  the  same  proceedings  shall  be  had  as 
are  provided  by  law  in  relation  to  similar  orders,  resolu- 
tions and  votes  of  a  city  council. 

Section  60.  The  general  laws  relating  to  the  municipal  ^lons^o"  LT to 
indel)tedness  of  cities,  not  inconsistent  with  special  laws  »pp'y- 
heretofore  passed  wath  reference  to  the  city  of  Marl- 
borough, the  general  laws  requiring  the  approval  of  the 
mayor  to  the  doings  of  a  city  council  or  of  either  branch 
thereof,  and  relative  to  the  exercise  of  the  veto  power  by 
the  mayor  of  a  city,  and  the  provisions  of  chapter  three 
hundred  and  twenty  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-four  and  all  acts  in  amendment  thereof 


330 


Acts,  1896.  — Chap.  379. 


Certain  provi- 
sions of  law  to 
continue  in 
force. 


Certain  persons 
to  continue  in 
office  until 
organization 
of  city  govern- 
ment, etc. 


Certain  pro- 
ceedings not 
afifected,  etc. 


Trust  funds. 


and  in  addition  thereto,  shall  have  full  force,  application 
and  effect  in  said  city. 

Section  61.  All  general  laws  in  force  in  the  city  of 
Marlborough  when  this  act  shall  be  accepted  as  herein 
provided,  and  all  special  laws  heretofore  passed  with 
reference  to  said  city  of  Marlborough  not  inconsistent 
with  the  provisions  hereof,  and  which  shall  then  l)e  in 
force  therein,  shall,  until  altered,  amended  or  repealed, 
continue  in  force  in  the  said  city  of  Marlborough. 

Sectiox  62.  The  persons  holding  the  offices  of  mayor 
and  memliers  of  the  city  council  in  said  city  at  the  time 
when  this  act  takes  effect  and  liecomes  of  force  therein, 
as  herein  provided,  shall  continue  to  hold  such  offices 
until  the  organization  of  the  city  government  hereby 
authorized  shall  be  effected,  and  until  their  successors 
shall  be  chosen  and  qualified;  all  other  persons  holding 
office  in  said  city  at  said  time,  whether  by  election  liy  the 
voters,  election  by  the  city  council,  or  by  appointment 
and  confirmation  by  the  board  of  aldermen,  shall  continue 
to  hold  such  oflace  until  the  expiration  of  the  respective 
terms  for  which  said  incumbents  were  elected  or  ap- 
pointed and  until  their  successors  are  elected  or  appointed, 
and  confirmed  and  qualified,  except  as  otherwise  provided 
in  this  act.  Every  person  elected  or  appointed  to  office 
under  the  provisions  of  this  act  shall  serve,  except  as 
herein  otherwise  provided,  for  the  term  for  which  he  was 
elected  or  appointed  and  until  his  successor  is  elected  or 
appointed,  and  confirmed  and  qualified  according  to  law. 
Section  63.  No  suits,  prosecutions  or  other  legal 
proceedings  in  which  said  city  is  a  party,  pending  at  the 
time  when  this  act  takes  effect  in  said  city,  and  no  rights 
then  already  accrued  or  penalties  or  forfeitures  incurred 
under  any  such  proceedings,  shall  l>e  affected  or  impaired 
by  the  taking  effect  of  this  act,  and  all  ordinances  of 
said  city  shall  continue  in  force  until  repealed  or  super- 
seded. 

Section  64.  Trust  funds  now  or  hereafter  given  to  or 
held  by  said  city  shall  be  received,  held  and  administered 
by  the  city  council  of  the  city,  and  trust  funds  now  or 
hereafter  given  to  or  held  by  designated  officers  of  the 
city  shall  be  received,  held  and  administered  by  the  mayor 
or  by  other  officers  of  the  said  city  having  powers  corre- 
sponding to  those  of  the  officers  who  formerly  held  and 
administered  such  funds. 


Acts,  1896.  — Chap.  379.  331 

Section  65.  The  board  of  aldermen  shall  notify  of  ftTrsteielfuon'* 
their  election  the  persons  elected  at  the  first  election  '» ^e  notified, 
under  this  act,  and  shall  provide  and  appoint  a  place  for 
the  first  assembling  of  the  mayor  and  city  council,  and  for 
the  meeting  of  the  city  council  on  the  first  Monday  in  the 
January  next  ensuing ;  and  shall  by  written  notices  left 
at  their  respective  places  of  residence  at  least  twenty- 
four  hours  prior  to  such  assembling,  notify  thereof  the 
mayor  elect  and  the  meml)ers  elect  of  the  city  council, 
Avho  shall  proceed  to  organize  and  carry  into  eflect  the 
provisions  of  this  act,  which  shall  then  have  full  force 
and  effect. 

Section  66.  A  meeting  of  citizens  entitled  to  vote  in  Meetings  for 
all  wards  may  be  called  for  the  purpose  of  submitting  the  que^lon^cff 
question  of  the  acceptance  of  this  act  to  the  legal  voters  acceptance. 
of  said  city  at  any  time  after  the  passage  hereof,  except 
in  the  months  of  November  and  December.  At  such 
meetings  the  polls  shall  be  open  not  less  than  eight  hours 
and  the  vote  taken  by  ballot,  in  accordance  with  the  pro- 
visions of  chapter  four  hundred  and  seventeen  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three,  and  of  all 
other  acts  relating  to  the  city  elections,  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  and  ninety-six,  entitled  '  An  Act  to  revise  the 
charter  of  the  city  of  Marlborough',  be  accepted?";  and 
the  afiirmative  votes  of  the  majority  of  the  voters  present 
and  voting  thereon  shall  be  required  for  its  acceptance. 
If  at  the  meetino;s  so  called  this  act  shall  fail  to  be  thus 
accepted  it  may  at  the  expiration  of  one  year  from  any 
such  previous  meetings  be  again  thus  submitted  for  ac- 
ceptance, but  not  after  the  period  of  three  years  from  the 
passage  hereof. 

Section  67.     This  act,  or  any  part  thereof,  shall  not  ^^®tobe°**' 
be  altered  or  amended  without  having  such  alteration  or  approved  by  a 
amendment  first  approved  l)y  the  afiirmative  vote  of   a 
majority  of  the  voters  of  the  whole  city  present  and  vot- 
ing at  any  legal  election. 

Section  6S.     So  much  of  this  act  as    authorizes  the  when  to  take 
submission  of  the  question  of  its  acceptance  to  the   legal  *'^®°'" 
voters  of   said  city  shall  take    eft'ect  upon    its  passage, 
but  it  shall  not  take  further  effect  unless  accepted  by  the 
legal  voters  of  said  city  as  herein  prescribed. 

Ax>proved  May  8,  1896. 


332 


Acts,  1896.  — Chaps.  380,  381. 


CAop.SSO 


Who  Bhall  act 
in  case  of 
vacancy,  etc., 
in  office  of 
mayor. 


To  be  styled 
acting  mayor. 


Repeal. 


An  Act  relative  to  vacancies  in  the  office  of  mayor. 

Be  it  enacted,  etc.,  as  foUotvs : 

Section  1.  Except  where  otherwise  provided  by  city 
charters,  in  case  of  the  death,  resignation  or  absence  of 
the  mayor  of  any  city,  or  of  his  inability  to  perform  the 
duties  of  his  office,  the  same  shall  devolve  upon  the  chair- 
man or  presiding-  officer  of  the  board  of  aldermen  of  such 
city,  and  if  there  is  no  such  chairman  or  presiding  officer, 
or  if  such  chairman  or  presiding  officer  is  also  absent  or 
unal)le  from  any  cause  to  so  perform  the  duties  of  the 
office  of  the  mayor,  the  same  shall  then  devolve  upon 
the  president  of  the  common  council,  if  there  is  any ; 
and  if  there  is  no  such  president  of  the  common  council, 
then  upon  such  alderman  as  the  l>oard  of  aldermen  from 
time  to  time  may  elect,  until  the  mayor  or  chairman  or 
presiding  officer  of  the  board  of  aldermen  is  al)le  to  attend 
to  said  duties  or  until  the  vacancy  is  filled  as  provided  by 
the  charter  of  such  city. 

Sectiox  2.  The  person  on  whom  such  duties  shall  de- 
volve shall  be  styled  "  Acting  Mayor",  and  shall  possess 
the  powers  of  mayor  only  in  matters  not  admitting  of 
delay,  and  shall  have  no  power  to  make  any  })ermanent 
appointments. 

Section  3.  Chapter  one  hundred  and  eighty-two  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-two  is 
hereby  repealed. 

Section  4.     This  act  shall  take  eft'ect  upon  its  passage. 

Appro  ced  May  9,  1896. 


O^ft^.SSl  An  Act  relative  to  the  presentation  of  certain  petitions  to 

THE   general   court. 


Copies  of 
petitions  for 
incorporation, 
etc.,  of  educa- 
tional institu- 
tion to  he 
published. 


Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Whoever  intends  to  present  to  the  gen- 
eral court  a  petition  for  the  incorporation  of  a  college  or 
university  or  other  educational  institution,  with  power  to 
grant  degrees,  or  for  an  amendment  to  the  charter  of  an 
existing  educational  institution  so  that  the  said  institu- 
tion not  having  such  power  shall  thereafter  have  power 
to  grant  degrees,  shall  give  notice  of  such  petition  by 
publishing  a  copy  of  the  same  once  a  week  for  three 
successive  weeks  in  such  newspaper  or  newspapers  as 
the  secretary  of  the  state  board  of  education  shall  direct, 


Acts,  1896.  — Chaps.  382,  383.  333 

the  last  publication  to  be  made  at  least  fourteen  days 
before  the  session  at  which  the  petition  is  to  be  presented. 

Section  2.     Such  petitions  shall  be  deposited  with  the  Petitions  to  be 
secretary  of  the  state  board  of  education,  with  proof  of  secretary  of' 
publication  satisfactory  to  him,  on  or  before  the  first  day  educatro"  etc. 
of   January,  and    the  said    secretary  shall    transmit  the 
same  to  the  general  court  during  the  first  week  of  the 
session,   wdth   the   endorsement,   in  each  case,  that   the 
required  publication  has  l)een  made. 

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

Approved  May  9,  1896. 


Chap,S82 


An  Act  relative  to  the  cost  of  education  in  the  public 
schools  of  children  under  the  charge  of  the  state 
board  of  lunacy  and  charity,  or  of  the  trustees  of 
the  lyman  and  industrial  schools. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     For  the  education  and  instruction  in  the  Payment  of 

11.  ii-  J  "J  />  I'll  I'l      cost  of  educa- 

public  schools  m  any  town  or  city  or  any  child  or  chil-  uon  of  certain 
dren  between  the  ages  of  five  and  fifteen  years  who  shall  '=^'''^''®°- 
l)e  placed,  boarded  or  bound  out  by  the  state  board  of  lu- 
nacy and  charity,  or  l)y  the  trustees  of  the  Lyman  and 
industrial  schools,  or  kept  under  the  control  of  either  of 
said  boards  in  said  town  or  city,  other  than  the  town  or 
city  from  which  said  children  are  entitled  by  law  to  re- 
ceive education  and  instruction,  the  Commonwealth  shall 
pay  to  such  town  or  city  the  sum  of  fifty  cents  for  each 
week  of  five  days,  or  major  part  thereof,  of  attendance  of 
each  of  such  children  in  the  public  schools. 

Section  2.     Settlements  of  the  accounts  of  the  several  fo%"^made^ 
towns  and  cities  with  the  Commonw  ealth  under  this  act  a°nuaiiy. 
shall  be  made  annually  on  the  first  day  of  April,  and  the 
amounts  found  due  shall  be  paid  within  three  months 
thereafter. 

Section  3.     The  money  received  by  said  cities  and  Disposition  of 

••/>!•  j^iiii  Till        money  received. 

towns  under  the  provisions  oi  this  act  shall  be  added  by 
them  to  the  appropriations  for  the  salaries  of  the  teachers 
in  the  public  schools  of  such  cities  and  towns. 

Approved  May  9,  1896. 

An  Act  relative  to  the  state  ballot  law  commission.        O^ttXJ.SSS 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     The    state    ballot   law  commission    shall  state  baiiot  law 

•  f     1  111  commission, 

hereafter  consist  oi  three  members,  and  they  shall  be  so  appointment, 

*'  terms,  etc. 


334 


Acts,  1896.  — Chap.  383. 


State  ballot  law 
commission, 
appointmeDti 
terms,  etc. 


Vacancy. 


Not  to  hold 
certain  other 
oflBce,  etc. 


May  summon 
witnesses,  etc. 


Decision  to  be 
final. 


Compensation. 


selected  that  at  least  one  of  said  members  shall  be  of  the 
political  party  which  at  the  annual  state  election  next 
preceding  their  appointment  cast  the  largest  vote  for 
governor,  and  at  least  one  of  said  members  shall  be  of 
the  political  party  which  cast  the  next  largest  vote  for 
governor.  The  governor  with  the  consent  of  the  council 
shall  in  the  month  of  June  or  July  during  the  current 
year  appoint  three  persons  as  members  of  the  state  ballot 
law  commission,  for  the  terms  of  one,  two  and  three  years 
respectively  from  the  lirst  day  of  August  next,  and  in 
June  or  July  in  succeeding  years  one  person  for  the 
term  of  three  years  from  and  after  the  expiration  of  the 
term  of  office  of  the  member  whose  term  expires  in  that 
year.  The  governor  with  the  consent  of  the  council  may 
remove  any  member  of  the  commission.  Any  vacancy  in 
said  commission  shall  be  filled  by  appointment  in  a  like 
manner  for  the  remainder  of  the  unexpired  term. 

Section  2.  No  member  of  the  state  Imllot  law  com- 
mission shall  hold  any  puljlic  ofiice  except  that  of  justice 
of  the  peace  or  notary  public,  or  l^e  a  candidate  for  pul^lic 
office,  or  an  emplo^^ee  or  a  member  of  any  committee  of 
any  political  party.  If  any  member  of  the  commission 
shall  be  nominated  as  a  candidate  for  public  office  and 
shall  not  in  writing  decline  said  nomination  within  the 
period  of  three  days  he  shall  be  deemed  to  have  vacated 
his  office  as  a  member  of  said  commission. 

Section  3.  The  state  ballot  law  commission  may  sum- 
mon witnesses  and  administer  to  them  oaths,  and  may 
require  the  production  of  books  and  papers  at  a  hearing 
before  them  upon  any  matter  within  their  jurisdiction. 
Witnesses  shall  be  summoned  in  the  same  manner,  be 
paid  the  same  fees,  and  be  subject  to  the  same  penalties 
for  default,  as  witnesses  summoned  before  the  general 
court.  A  summons  may  be  signed  and  an  oath  may  be 
administered  by  any  member  of  the  said  commission. 

Section  4.  The  decision  of  a  majority  of  the  members 
of  the  commission  upon  any  matter  within  its  jurisdiction 
shall  ])e  final. 

Section  5.  The  members  of  the  state  ballot  law  com- 
mission shall  be  paid  such  compensation  for  their  services, 
not  exceeding  five  hundred  dollars  each,  as  the  governor 
and  council  may  determine ;  and  the  total  expenditures 
by  and  on  account  of  said  commission  shall  not  exceed 
the  sum  of  two  thousand  dollars  in  any  one  year. 


Acts,  1896.  — Chaps.  384,  385.  335 

Section  6.  Sections  ninety-two,  ninety-three,  ninety-  Repeal, 
four  and  ninety-five  of  chapter  four  hundred  and  seventeen 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three, 
and  chapter  three  hundred  and  forty-three  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four,  are  hereby 
repealed. 

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

Approved  May  9,  1896. 

An  Act  relative  to  the  votes  and  proceedings   of  county  (^Jjrijy  S84- 

COMMISSIONERS.  "' 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Tire  county  commissioners  in  each  county  county  com- 
shall  keep  a  full  and  complete  record  of  the  proceedings  "e'epaT/cord 
at  all   of  their  meetings  and,  in  all  cases  where  the  vote  "t  mJ'eungs"^^ 
or   decision  of  the  county  commissioners  is  not  unani-  «"=• 
mous,  the  record  shall  be  so  kept  as  to  show  which  of 
the    county  commissioners  voted  in  the  affirmative  and 
which   in  the   negative  ;  and  a  copy  of  said  record,  at- 
tested by  the  clerk  of  the  county  commissioners,  shall  on 
or   Ijefore  the  fifteenth  day  of  January  in  each  year  be 
transmitted  to  the  controller  of  county  accounts,  and  the 
controller  shall  submit  the  same  to  the  general  court. 

Section  2.     In  counties  where  there  is   no  assistant  cierkprotem- 
clerk   of  courts  the  county  commissioners  may  appoint  a  appointed  in 
clerk  pro  tempore  of  the  board,  who  ma}^  be  a  woman,  '=®"^^° '=^^^^- 
and  who   shall  be  sworn  by  the  chairman  of  the  board, 
and  who  shall  make  a  full  record  of  the  proceedings  of 
the  meetings   and  return  the  same  forthwith  to  the  clerk 
of  the  commissioners,  who  shall  enter  the  same  upon  the 
records  of  the  commissioners.       Approved  May  9,  1896. 

An  Act  relative  to  tramps.  Ch(l7).SS5 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Any  person,  not  being  a  minor  under  certain  persons 
seventeen  years  of  age,  a  blind  person,  or  a  person  ask-  uampl!^'"*'' 
ing  charity  within  his  own  city  or  town,  who  roves  about 
from  place  to  place  begging,  or  living  without  labor  or 
visible  support,  shall  be  deemed  a  tramp.  An  act  of 
begging  or  soliciting  alms,  whether  of  money,  food, 
lodging  or  clothing,  by  a  person  having  no  residence  in 
the  town  within  which  such  act  is  committed,  or  the 
riding   upon  a   freight   train   of  any  railroad,   whether 


336  Acts,  1896.  — Chaps.  386,  387. 

within   or  without  any  car   or   part   thereof,  without  a 
permit  from  the  proper  officers   or  employees   of  such 
railroad  or  train,  shall  be  prima  facie  evidence  that  such 
person  is  a  tramp. 
Repeal.  Section  2.     Section  thirty-eight  of  chapter  two  hun- 

dred and  seven  «f  the  Public  Statutes  is  hereby  repealed. 

Approved  May  9,  1896. 

Chap.SSQ  ^^  -^^"^  ^O  AUTHORIZE  THE  UNITED  ELECTRIC  LIGHT  COMPANV  TO 
DO  BUSINESS  IN  ADJOINING  CITIES  AND  TOWNS,  TO  HOLD  CER- 
TAIN  STOCK  AND   TO   ISSUE   BONDS, 

Be  it  enacted,  etc.,  as  follows : 

iH'cSfght         Sectiox    1.      The   United    Electric- Light   Company, 
extend  its  "^'*^    locatcd  ill   Springfield,  is   hereby  authorized,  upon   the 
business,  etc.      approval  of  the  board  of  gas  and  electric  light  commis- 
sioners, to  carry  on  its  business  in  the  cities  and  towns 
adjoining  said  Springfield,  with  all  the   rights,    powers 
and  privileges  and  subject  to  all  the  duties  and  liabilities 
in  said  adjoining  cities  and  towns  which  now  are  or  may 
be  in  force   applicable  to   such  corporations ;   and   said 
corporation  may  hold  the  stock  of  the  Indian  Orchard 
Company,  and  may  issue  bonds  in  such  amounts  and  at 
such  times  as  the  said  board  of  gas  and  electric   light 
commissioners    may   determine,  and   may   mortgage    or 
pledge  as   security  for  the  payment  of  such   bonds  its 
franchises  and  any  or  all  of  its  estate,  real  and  personal. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  3fay  11,  1896. 

Chap. SS7  An  Act  to  repeal  chapter  forty-five  of  the  acts  of  the 

YEAR  EIGHTEEN  HUNDRED  AND  NINETY,  RELATIVE  TO  THE  WOON- 
SOCKET  ELECTRIC   MACHINE   AND    POWER   COMPANY. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

repealed.  Section  1 .     Chapter  forty-five  of  the  acts  of  the  year 

eighteen  hundred  and  ninety,  entitled  "An  Act  to  au- 
thorize the  Woonsocket  Electric  Machine  and  Power 
Company  of  Rhode  Island  to  erect  and  maintain  poles 
and  wires  and  to  furnish  electric  light  and  power  in  the 
town  of  Blackstone,  in  the  state  of  Massachusetts",  is 
hereby  repealed. 

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

Approved  May  12,  1896 »   » 


Acts,  1896.  — Chaps.  388,  389,  390.  337 


An  Act  to  authorize  the  revocation  or  revision  of  orders  (Jfiap,38S 

REQUIRING  RECOGNIZANCES. 

Be  it  enacted,  etc.,  as  folJoios  : 

When  a  person  has  l)een  ordered  to  enter  into  a  recosj-  Orders  requu- 

•/i  ±-  1  i.1  •    •  ^       1         ^         ingrecogni- 

nizance  with  sureties,  under  the  provisions  oi  cliaptcr  zancesmaybe 
two  hundred  and  eleven  of  the  Public  Statutes,  the  court 
ordering  such  recognizance  may  at  any  time,  for  good 
cause,  revoke  such  order,  or  reduce  the  amount  required, 
or  direct  that  the  defendant's  recognizance  be  taken  with- 
out surety.  Approved  May  12,  1S06. 

An  Act  relative  to  larceny  committed  in  buildings,  or  on  f^j^rj^  S89 

SHIPS   AND   vessels.  ^  * 

Be  it  enacted,  etc. ,  as  follows  : 

Section  sixteen  of  chapter  tw^o  hundred  and  three  of  p-8.203,§i6, 

,  *^  .     .  atnenaea. 

the  Public  Statutes  is  hereby  amended  by  striking  out 
the  Avord  "or",  in  the  first  line,  and  by  inserting  after 
the  word  "vessel",  in  the  same  line,  the  words:  —  or 
railroad  car,  —  so  that  the  section  as  amended  shall  read 
as  follows  :  —  Section  16.     Whoever  steals  in  a  building,  Penalty  for 
ship,  vessel,  or  railroad  car,   shall   l)e  punished  by  im-  buudhfgs? 
prisonment  in  the  state  prison  not  exceeding  five  years,  ^^^'p^*  «'^'=- 
or  by  fine  not  exceeding  five  hundred  dollars,  or  l)y  im- 
prisonment in  the  jail  not  exceeding  two  years. 

Approved  May  12,  1896. 


An  Act  to  authorize  the  hanover  street  railway  company 
to  extend  its  tracks. 


Chap.mO 


Be  it  enacted,  etc.,  as  follows: 

Section  1 .  The  Hanover  Street  Railway  Company  is  May  extend  its 
hereby  authorized  to  extend  and  operate  its  railway  in  Norw^eulac. 
and  through  the  town  of  Nor  well,  upon  locations  granted 
by  the  board  of  selectmen  of  said  town  and  sulvject  to  such 
limitations  and  conditions  as  may  be  imposed  by  said 
board,  and  all  locations  and  rights  heretofore  granted 
to  said  Hanover  Street  Railway  Company  are  hereby 
ratified  and  confirmed. 

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

Approved  May  12,  1896. 


338 


Acts,  1896.  — Chaps.  391,  392. 


Chap.^^1 


Liability  of 
officers  and 
members  of 
certain  foreign 
corporatioDB. 


Liability  when 
certain  property 
is  not  conveyed 
and  taken  at  a 
fair  valuation, 
etc. 


Enforcement 
of  liability. 


An  Act  kfxative  to  the  paying  in  of  capital  stock  and  to 
the  liallility  of  officers  and  stockholders  of  foreign 
corporations  doing  business  in  this  commonwealth. 

Be  it  enacted^  etc.,  as  folloivs  : 

Section  1 .  The  officers  and  memljers  or  stockholders 
in  any  corporation  established  under  the  laws  of  any 
other  state  or  foreign  country,  and  hereafter  and  not 
now  having  a  usual  place  of  business  in  this  Common- 
wealth, shall  be  jointly  and  severally  liable  for  its  debts 
and  contracts,  on  the  same  conditions  and  in  the  same 
manner  as  provided  in  the  case  of  domestic  corporations, 
])y  sections  sixty  to  seventy-one  inclusive  of  chapter  one 
hundred  and  six  of  the  Public  Statutes ;  but  the  liability 
under  clause  four  of  said  section  sixty  shall  not  apply  in 
the  case  of  foreign  corporations. 

Section  2.  If  the  capital  stock  of  any  corporation 
sultject  to  section  one  of  this  act  has  been  paid  in  l)y  a 
conveyance  to  the  corporation  of  property,  real  or  per- 
sonal, the  officers,  mem))ers  or  stockholders  of  such  cor- 
jxn'ation  shall  be  jointly  and  severally  liable  for  its  debts 
or  contracts,  if  said  property  is  not  conveyed  and  taken 
at  a  fair  valuation.  But  only  those  officers  or  stock- 
holders who  participate  in  the  conveyance  or  taking  of 
such  property  at  such  unfair  valuation,  or  those  stock- 
holders who  have  purchased  or  received  their  shares  with 
knowledge  of  said  tact,  shall  ])e  lialile  for  such  de])ts. 
The  extent  and  manner  of  enforcing  such  liability  shall 
be  the  same  as  provided  in  sections  sixty-nine  to  seventy- 
one  inclusive  of  chapter  one  hundred  and  six  of  the  Pub- 
lic Statutes  in  the  case  of  domestic  corporations. 

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

Approved  May  12,  1890. 


CJlClp.SQ^  An  Act  to  authorize  the  city  of  lynn  to  borrow  money 

FOR  THE   PURPOSE   OF   BUILDING   SEWERS   AND  DRAINS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  city  of  Lynn,  for  the  purpose  of 
l)uilding  sewers  and  drains,  may  incur  indebtedness  from 
time  to  time  to  an  amount  not  exceeding  forty  thousand 
dollars  beyond  the  limit  of  indelitedness  fixed  hy  law  for 
said  city ;  and  for  this  purpose  may  issue  from  time  to 
time  bonds,  notes  or  scrip  not  exceeding  said  amount. 


City  of  Lynn 
Sewer  Loan, 
Act  of  1896. 


Acts,  1896.  — Chap.  393.  339 

Such  bonds,  notes  and  scrip  shall  bear  on  their  face  the 
words,  City  of  Lynn  Sewer  Loan,  Act  of  1896,  and  shall 
be  payable  at  the  expiration  of  periods  not  exceeding 
twenty  years  from  the  date  of  issue,  shall  l)ear  interest 
payable  semi-annually  at  a  rate  not  exceeding  six  per 
cent,  per  annum,  and  shall  be  signed  by  the  mayor  and 
treasurer  of  said  city.  The  said  city  may  sell  such  se- 
curities at  public  or  private  sale,  or  pledge  the  same  for 
money  borrowed  for  the  purpose  of  building  sewers  or 
drains,  upon  such  terms  and  conditions  as  it  may  deem 
proper.  The  said  city  shall  provide  at  the  time  of  con-  sinking  fund. 
tractino;  ,said  loan  for  the  establishment  of  a  sinkino;  fund 
and  shall  annually  contribute  to  such  fund  a  sum  suffi- 
cient with  the  accumulations  thereof  to  pay  the  principal 
of  said  loan  at  maturity.  The  said  sinking  fund  shall 
remain  inviolate  and  pledged  to  the  payment  of  said  loan 
and  shall  be  used  for  no  other  purpose  ;  and  said  city 
shall  raise  annually  by  taxation  a  sum  sufficient  to  pay 
the  interest  as  it  accrues  on  said  bonds,  notes  and  scrip. 

Section  2.  The  receipts  from  assessments  and  pay-  Payment  of 
ments  made  in  lieu  thereof,  levied  on  account  of  the  ''^''"'^''^• 
sewers  and  drains  constructed  under  this  loan,  shall  l)c 
applied  to  the  payment  of  the  expenses  of  maintenance 
and  operation  of  the  systems  of  sewerage  of  said  city  of 
Lynn,  now  built,  or  which  shall  hereafter  be  built,  and 
for  the  payment  of  the  cost  of  the  further  extension 
of  the  said  systems,  and  for  no  other  purpose,  except 
that  said  city  may  apply  any  portion  of  such  receipts  to 
the  payment  of  the  interest  upon  bonds,  notes  or  scrip 
issued  in  connection  with  said  systems  of  sewerage,  not 
otherwise  provided  for,  or  to  the  payment  or  redemp- 
tion of  said  bonds,  notes  or  scrip,  as  the  said  city  shall 
determine ;  and  all  assessments  which  shall  hereafter  be 
collected  or  levied  by  reason  of  said  systems  of  sewerage, 
or  of  any  extension  thereof,  shall  l)e  applied  and  used  in 
the  same  manner. 

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

Approved  May  12,  1896. 

An  Act  relative  to  the  qualification  and  removal  of  elec-  nj^f^^  QOQ 

TION   OFFICERS   IN  THE   CITY   OF   BOSTON.  "' 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     Every  election   officer  appointed  in   the  Quaiiflcation 
city  of  Boston  in  accordance  with  the  provisions  of  chap-  otifcersTn  the 

city  of  BoBtoD. 


340 


Acts,  1896.  — Chap.  394. 


Proviso. 


Certain  elec- 
tion officers 
may  be  re- 
moved, etc. 


ter  four  hundred  and  seventeen  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three,  and  also  in  accord- 
ance with  the  provisions  of  section  four  of  chapter  four 
hundred  and  forty-nine  of  the  acts  of  the  year  eighteen 
hundred  and  ninet^^-five,  shall  before  entering  upon  the 
performance  of  the  duties  of  his  office  appear  before  the 
board  of  election  commissioners  of  said  city,  or  before 
some  memljcr  thereof,  and  make  and  subscril)e  an  oath 
for  the  faithful  performance  of  his  duties,  in  a  book  to 
be  kept  for  that  purpose  :  provided,  hoivever,  that  in  case 
of  the  tilling  of  a  vacancy  in  the  office  of  any  election 
officer  by  an  election  from  the  floor  the  officer  so  elected 
may  be  sworn  by  the  warden  or  clerk  of  the  precinct  in 
which  the  vacancy  existed. 

Section  2.  In  case  any  election  officer  shall  upon  the 
day  of  any  election  in  the  city  of  Boston  be  found  to  ])e 
incompetent,  or  shall  l)e  shown  to  be  conducting  himself 
in  an  improper  manner,  so  as  to  prejudice  the  pulilic 
interest,  the  board  of  election  commissioners  of  said  city 
shall  have  power  to  remove  him  forthwith  and  to  appoint 
some  other  person  of  the  same  political  party  to  act  in 
his  place ;  and  such  officer  so  removed  shall  not  be 
entitled  to  receive  any  compensation  for  his  services 
rendered  on  such  day,  and  shall  be  disqualihed  for 
aj)i)ointment  as  an  election  officer  for  the  period  of  one 
year  thereafter.  Approved  May  12,  1896. 


(7A(27?.394  -^^  ^'^'^    RELATIVE  TO  THE  NEW  ENGLAND  BURGLARY  INSURANCE 

COMPANY. 


1894,  77,  §  1. 
amended. 


New  England 


-Be  it  enacted,  etc. ,  as  follows : 

Section  1.  Section  one  of  chapter  seventy-seven  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-four  is 
hereby  amended  by  inserting  after  the  word  "  by",  in  the 
tenth  line,  the  word:  —  theft,  —  so  that  said  section  as 
amended  will  read  as  follows  :  —  Section  1.  William  L. 
Scljanr  Douglas,  Hosca  Kingman,  John  J.  Whipple,  Walter 
incorporated.  Rapp,  Emery  M.  Low,  William  K.  Mitchell,  George  D. 
Alden,  Henry  L.  May,  E.  Bertram  Newton,  Samuel  M. 
Child,  George  R.  Stimpson,  Emanuel  Nussl)aum,  their 
associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  New  England  Burglary  Insurance 
Company,  to  be  established  in  the  city  of  Boston,  for  tlie 
purpose  of  carrying  on  the  business  of  guaranteeing  indi- 


Acts,  1896.  — Chap.  395.  341 

viduals,  lirms  and  corporations  against  loss  and  damage 
l)y  theft,  burglary  or  housebreaking;  and  for  this  purpose 
shall  have  all  the  powers  and  privileges  and  be  subject 
to  all  the  duties,  restrictions  and  lial)ilities,  so  for  as  the 
same  shall  l)e  applicable,  set  forth  in  chapter  two  hundred 
and  fourteen  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-seven  and  all  acts  in  amendment  thereof  or  in 
addition  thereto. 

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

Ajjproved  May  12,  1896. 

An  Act  to  authorize  the  city  of  lynn  to  borrow  money  for  QJinr^  QQ^ 

THE  PURPOSE   OF  PURCHASING  LAND   ANB  ERECTING  THEREON  AN 
ENGINE  HOUSE. 

Be  it  enacted,  etc. ,  as  folloivs  : 

Section  1.  The  city  of  Lynn,  for  the  purpose  of  pur-  cityofuynn. 
chasing  land  near  the  West  Lynn  depot  and  erecting  Lofn?A«°or 
thereon  an  engine  house,  may  incur  inde])tedness  from  ^^^^' 
time  to  time  to  an  amount  not  exceeding;  ten  thousand 
dollars  beyond  the  limit  of  indebtedness  fixed  by  law  for 
said  city,  and  for  said  purpose  may  issue  from  time  to 
time  bonds,  notes  or  scrip  not  exceeding  said  amount. 
Such  bonds,  notes  or  scrip  shall  bear  on  their  face  the 
words,  City  of  Lynn,  Engine  House  Loan,  Act  of  1896, 
shall  be  payable  at  the  expiration  of  periods  not  exceed- 
ing twenty  years  from  the  date  of  issue,  shall  bear  inter- 
est payable  semi-annually  at  a  rate  not  exceeding  six  per 
cent,  per  annum,  and  shall  be  signed  by  the  mayor  and 
treasurer  of  said  city.  The  said  city  may  sell  such  securi- 
ties at  public  or  private  sale  or  pledge  the  same  for  money 
borrowed  for  the  purposes  aforesaid,  upon  such  terms  and 
conditions  as  it  may  deem  proper.  The  said  city  shall  Sinking  fund. 
provide  at  the  time  of  contracting  said  loan  for  the  estab- 
lishment of  a  sinking  fund  and  shall  annually  contribute  to 
such  fund  a  sum  sufiicient  with  the  accumulations  thereof 
to  pay  the  principal  of  said  loan  at  maturity.  The  said 
sinking  fund  shall  remain  inviolate  and  pledged  to  the 
payment  of  said  loan  and  shall  be  used  for  no  other  pur- 
pose ;  and  said  city  shall  raise  annually  by  taxation  a 
sum  sufficient  to  pay  the  interest  as  it  accrues  on  said 
bonds,  notes  and  scrip. 

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

Approved  May  12,  1896. 


342 


Acts,  1896.  — Chap.  396. 


Chap,S96 


1894,  428,  §  2, 
ameuded. 


License  com- 
misBioners, 
terms  of  office, 
removals,  etc. 


CommisBlonera 
removed  may 
petition  for 
review  of 
charges,  etc. 


An  Act  relative  to  the  removal  of  license  commissioners. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  Section  two  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four  is  hereby  amended  by  inserting  after  the  word 
*'same",  in  the  seventeenth  line,  the  words: — Any 
license  commissioner  who  has  been  removed  by  the 
mayor  may,  witliin  seven  days  after  receiving  notice  of 
his  removal,  petition,  in  term  time  or  vacation,  any  jus- 
tice of  the  superior  court  for  a  review  of  the  charges, 
evidence  submitted  thereunder,  and  findings  thereon  of 
the  mayor.  Notice  of  the  entry  of  such  petition  shall  be 
given  to  the  mayor  by  serving  an  attested  copy  of  the 
petition  upon  him.  The  entry  fee,  costs,  and  all  pro- 
ceedings upon  said  petition  shall  be  according  to  the 
rules  regulating  the  trial  of  civil  causes.  The  justice, 
after  hearing,  shall  affirm  or  revoke  the  order  of  the 
mayor  removing  such  commissioner,  and  there  shall  be 
no  appeal  therefrom,  —  so  as  to  read  as  follows: — /Sec- 
tion 2.  The  terms  of  office  of  the  members  of  each  of 
such  boards  shall,  except  in  the  case  of  the  members  first 
appointed,  commence  on  the  first  Monday  in  June  in  the 
year  in  which  they  are  appointed  and  continue  for  the 
term  of  six  years.  The  terms  of  the  members  first  ap- 
pointed shall  commence  at  the  date  of  their  appointment, 
and  shall  be  arranged,  in  the  case  of  each  board,  so  as  to 
expire  by  rotation  at  the  end  of  two,  four  and  six  years 
from  the  first  Monday  in  June  in  the  present  year,  the 
date  of  expiration  to  be  specified  in  their  respective  com- 
missions. Members  of  said  boards  shall  hold  their  offices 
until  their  respective  successors  are  appointed  and  quali- 
fied. The  members  of  said  board  may  be  removed  for 
cause  by  the  mayor,  after  charges  preferred,  reasonal)le 
notice  thereof  and  a  hearing  thereon ;  and  the  mayor 
shall,  in  the  order  of  removal,  express  his  reasons  for 
the  same.  Any  license  commissioner  who  has  been  re- 
moved l)y  the  mayor  may,  within  seven  days  after  receiv- 
ing notice  of  his  removal,  petition,  in  term  time  or 
vacation,  any  justice  of  the  superior  court  for  a  review 
of  the  charges,  evidence  submitted  thereunder,  and  find- 
ings thereon  of  the  mayor.  Notice  of  the  entry  of  such 
petition  shall  be  given  to  the  mayor  by  serving  an  at- 


Acts,  1896.  — Chap.  397.  343 

tested  copy  of  the  petition  upon  him.  The  entry  fee, 
costs,  and  all  proceedings  upon  such  petition  shall  be 
according  to  the  rules  regulating  the  trial  of  civil  causes. 
The  justice,  after  hearing,  shall  affirm  or  revoke  the 
order  of  the  mayor  removing  such  commissioner,  and 
there  shall  be  no  appeal  therefrom.  One  memlier  of 
each  of  said  l^oards  shall  be  appointed  from  each  of  the 
two  leading  political  parties,  and  the  third  meml)er  may 
be  also  appointed  from  one  of  said  parties. 

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

Aj^jrroved  May  13,  1896. 


Chap.^97 


An  Act  to  kegulate  the  practice  of  pharmacy. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The   board  of  registration  in  pharmacy  Board  of  reg- 
shall    consist    of  five    persons.      The    present    members  pharmacy" 
thereof  shall  continue  to   hold  their  offices   during  the  teTle't^.'"'" 
terms  for  Avhich  they  were  appointed.     The  appointments 
to  fill  vacancies  occurring  from  expiration  of  terms  of 
office  shall  be  for  five  years  from  the  first  day  of  October 
in  each  year.     The  appointments  to  said  board  shall  be 
made  by  the  governor  with  the  advice  and  consent  of  the 
council,    and  only   skilled  pharmacists,   resident  in  the 
Commonwealth,  who  have  had  ten  consecutive  years  of 
practical  experience  in  the  compounding  and  dispensing 
of   physicians'   prescriptions   shall   l)e   eligible,   and  not 
more  than  one  member  of  said  lioard  shall  be  interested 
in  the   sale  of  drugs,   medicines  and  chemicals  and  the 
compounding  and  dispensing  of  physicians'  prescriptions 
in  the  same  city  or  town.     Any  member  of  said  board  RemovaiB. 
may  he  removed  from  office  for  cause  by  the  governor 
with  the  advice  and  consent  of  the  council. 

Section  2.     The  members  of  said  board  shall  meet  on  organization. 
the  first  Tuesday  of  October  in  each  year  at  such  time 
and  place  as  they  may  determine,  and  shall  immediately 
proceed  to  organize  by  electing  a  president  and  secre- 
tary, who  shall  be  members  of  the  board,  and  who  shall 
bold   their  respective  offices  for  the  term  of  one  year. 
The   secretary   shall   give  to  the  treasurer  and  receiver  secretary  to 
general  of  the  Commonwealth  a  bond  with  sufficient  sure-  ^  ^* 
ties,  to  be  approved  by  the  governor  and  council,  for  the 
faithful  discharge  of  the  duties  of  his  office.     The  said  Meetings. 
board  shall  hold  three  regular  meetings  in  each  year, 


344 


Acts,  1896.  — Chap.  397. 


OompenBation, 
expeiiBes,  etc. 


one  on  the  first  Tuesday  of  January,  one  on  the  first 
Tuesday  of  May  and  one  on  the  first  Tuesday  of  October, 
and  such  additional  meetings  at  such  times  and  places  as 
they  shall  determine. 

Section  3.  The  compensation,  incidental  and  travel- 
lino;  expenses  of  the  board  shall  be  paid  from  the  treasury 
of  the  Commonwealth.  The  compensation  of  the  mem- 
bers of  the  board  shall  be  five  dollars  each  for  every  day 
actually  spent  in  the  discharge  of  their  duties  and  the 
amount  actually  paid  by  them  for  necessary  travelling 
expenses  in  attending  the  meetings  of  the  board,  but  in 
no  case  exceeding  three  cents  per  mile  each  way.  The 
l)ills  for  such  compensation  and  their  incidental  and 
travelling  expenses  shall  be  approved  by  the  board  and 
sent  to  the  auditor  of  the  Commonwealth,  who  shall 
certify  to  the  governor  and  council  the  amounts  due  as 
in  case  of  other  bills  and  accounts  approved  by  him 
under  the  provisions  of  law.  So  much  of  the  receipts 
from  examinations  as  may  l)e  necessary  for  the  compen- 
sation and  expenses  of  the  board,  as  aforesaid,  is  hereby 
appropriated,  in  addition  to  any  amount  authorized  by 
the  legislature  foj*  the  purposes  of  this  act. 

Section  4.  The  board  shall  keep  a  record  of  the 
names  of  all  persons  examined  and  registered  hereunder, 
and  a  record  of  all  moneys  received  and  disbursed  by 
said  board,  a  duplicate  of  which  records  shall  always  be 
open  to  inspection  in  the  ofiice  of  the  secretary  of  the 
Annual  report.  Commonwealth.  Said  board  shall  make  to  the  governor 
on  or  before  the  first  day  of  January  in  each  year  a 
report  stating  the  condition  of  pharmacy  in  the  state, 
with  a  full  and  complete  record  of  all  its  ofiicial  acts 
during  the  year,  and  the  receipts  and  disbursements  of 
the  board. 


Records  to  be 
kept. 


Examination, 

registration, 

etc. 


REGISTRATION    OF    PHARMACISTS. 

Section  5.  Any  person  desiring  to  do  business  as  a 
pharmacist  shall  upon  payment  of  a  fee  of  five  dollars  be 
entitled  to  examination,  and  if  found  qualified  shall  l^e  reg- 
istered as  a  pharmacist,  and  shall  receive  a  certificate 
signed  by  the  president  and  secretary  of  said  board.  Any 
person  may  be  re-examined  at  any  regular  meeting  of  the 
board,  upon  the  payment  of  a  fee  of  three  dollars.  All 
fees  received  by  the  board  under  this  act  shall  be  paid  by 


Acts,  1896.  — Chap.  397.  345 

the  secretary  of  the  board  into  the  treasury  of  the  Com- 
monwealth. 

Section  6.     Every  person  who  has  received  a  certifi-  ^Jn^'lcuoVs'i  *"* 
cate  of  registration  from  the  board  shall  conspicuously  diepiayed. 
display  the  same  in  his  place  of  business. 

Section  7.  Said  board  shall  hear  all  applications  by  Applications 
registered  pharmacists  for  the  granting  of  sixth  class  licenses,  com- 
licenses,  whenever  such  hearing  is  required  by  the  appli-  p'**°*^'^'°- 
cant,  and  all  complaints  made  to  them  against  any  person 
registered  as  a  pharmacist,  charging  him  with  suft'ering  or 
permitting  the  use  of  his  name  or  his  certificate  of  regis- 
tration by  others  in  the  conduct  of  the  business  of  phar- 
macy when  he  himself  is  not  the  owner  and  actively 
engaged  in  such  business  ;  engaging  in,  aiding  or  abet- 
ting the  violation  or,  in  his  business  as  a  pharmacist, 
violating  any  of  the  laws  of  the  Commonwealth  now  under 
the  supervision  of  the  board  of  registration  in  pharmacy, 
and  especially  the  laws  relating  to  the  sale  of  intoxicating 
liquor.  Such  complaint  shall  be  under  oath,  shall  set  out 
the  oftence  alleged,  and  shall  be  made  within  fifteen  days 
of  the  date  of  the  act  complained  of. 

Section  8.     Said  ])oard  shall  notify  the  person  com- Persons  com- 
plained against  of  the  charge  made  against  him  and  of  the  fd'tlriforified^* 
time  and  place  when  and  where  the  matter  will  be  heard  '^^arings,  etc. 
by  them.      He  may  then  and  there  appear   before    the 
board  Avith  his  witnesses  and  l)e  heard  by  counsel.     Any 
three  of  the  members  of  the  l)oard  shall  l)e  a  quorum  for 
such  hearing.     Either  member  of  the  board  may  adminis- 
ter oaths  to  the  witnesses  at  such  hearing,  and  any  person 
so  sworn  who  wilfully  swears  or  affirms  falsely  respecting 
any  matter  upon  which  his  testimony  is  required  shall  be 
deemed   guilty  of  perjury.     Said  board  shall   have  the 
power  to  send  for  persons  and  compel  the  attendance  of 
witnesses  at  said  hearings,  by  process  duly  served. 

Section  9.     If  the  full  board  sitting  at  such  hearing  Maysuspond 
shall  find  that  the  person  com})lained  against  is  guilty  of  clnlin^pharma- 
the  acts  charged  against  him  said  board  may  suspend  his  "*'^'  ®*'^* 
registration  as  a  pharmacist  and  his  certificate  thereof, 
for  such  term  as  the  board  in  their  judgment,  after  due 
consideration  of  the  facts,  may  deem  for  the  best  interest 
of  the  public,  or  may  revoke  it  altogether,  but  the  license 
or  certificate  of  registration  of  a  registered  pharmacist 
shall  not  be  suspended  or  revoked  for  a  cause  punishable 


346 


Acts,  1896.  — Chap.  397. 


License  for  sale 
of  intoxicatlDg 
liquors,  etc. 


Certificate  may 
be  issued  to 
applicants  for 
liceDses,  etc. 


Licenses  to 
become  void 
under  certain 
conditions. 


by  law  until  after  conviction  by  a  court  of  competent 
jurisdiction. 

Section  10.  No  license  for  the  sale  of  spirituous  or 
intoxicating  liquors,  except  of  the  sixth  class,  shall  be 
granted  to  retail  druggists  or  apothecaries.  One  or  more 
such  licenses  sh^ll  be  granted  annually  by  the  board  of 
license  commissioners  of  cities,  the  board  of  police  of  the 
city  of  Boston,  or  the  selectmen  of  towns,  to  retail  drug- 
gists or  apothecaries,  if  it  shall  appear  that  the  applicant 
is  a  fit  person  to  receive  such  license,  is  not  disqualified 
to  receive  the  same  under  section  sixteen  of  this  act,  and 
is  a  registered  pharmacist  actively  engaged  in  l)usiness  on 
his  own  account,  and  if  he  shall  also  present  to  the  licens- 
ing board  a  certificate  of  fitness  as  provided  in  section 
eleven  of  this  act.  Retail  druggists  and  apothecaries 
shall  not  l)e  subject  to  the  second  clause  of  section  nine 
of  chapter  one  hundred  of  the  Public  Statutes  when  the 
sale  is  made,  as  hereinafter  provided,  upon  the  prescrip- 
tion of  a  physician. 

Section  11.  The  state  board  of  registration  in  phar- 
macy may  issue  to  applicants  for  licenses  of  the  sixth 
class  to  sell  intoxicating  liquor  a  certificate,  which  shall 
not  be  valid  after  the  expiration  of  one  year  from  its 
date,  stating  that  in  the  judgment  of  said  board  he  is  a 
proper  person  to  l)e  entrusted  with  such  license  and  that 
the  pul)lic  good  will  l)e  promoted  by  the  granting  of  said 
license.  Any  registered  pharmacist  against  whom  no 
complaints  have  been  made  to  said  board  may  be  con- 
sidered a  proper  person  to  receive  such  certificate.  Such 
complaints  shall  be  in  writing,  specifying  the  reason,  if 
an}',  why  a  certificate  should  be  withheld.  For  each  cer- 
tificate so  granted  by  the  board  of  registration  in  phar- 
macy said  board  shall  be  entitled  to  receive  a  fee  not 
exceeding  one  dollar,  to  be  paid  by  the  applicant. 

Section  12.  Any  license  for  the  sale  of  intoxicating 
liquor,  of  the  sixth  class,  shall  become  null  and  void, 
without  any  process  or  decree,  whenever  the  registered 
pharmacist  to  whom  it  has  lieen  granted  shall  cease  to 
conduct  his  business  in  person  and  on  his  own  account, 
or  upon  the  revocation  of  his  registration  as  such  pharma- 
cist and  of  his  certificate  thereof,  excepting  cases  where 
the  registered  pharmacist  has  died  or  become  incapaci- 
tated, and  his  business  is  continued  by  his  widow,  execu- 
tor or  administrator,  under  a  registered  pharmacist. 


Acts,  1896.  — Chap.  397. 


347 


Section  13.     Sales  of  intoxicating  liquor  of  any  kind  How  sales  of 
by  retail  druggists  a»d  apothecaries,  for  medicinal,  me-  Hquorshalf 
chanical  or  chemical  purposes,  shall  be  made  only  upon    ^™*''®* 
the  certificate  of  the   purchaser,   which   certificate   shall 
state  the  use  for  which  the  same  is  wanted,  and  shall  be 
immediately  cancelled  at  the  time  of  such  sale  in  such 
manner  as  to  show  the  date  of  cancellation. 

Section  14.     A  book  shall   be  kept  by  every  retail  Book  to  be  kept 

1  •  I'll!      11  I'f'  which  every 

druggist  and  apothecary  u\  which  he  shall  enter  at  the  Baieshaiibe 
time  of  every  such  sale  the  date  thereof,  the  name  of  the  ^°  *^'^°  '  ^  '^' 
purchaser,  who  shall  also  sign  his  name  in  said  book  as 
part  of  said  entry,  the  kind,  quantity  and  price  of  said 
liquor,  the  purpose  for  which   it  was  sold,  and  the  resi- 
dence  by  street  and  numl)er,  if  there   he  such,  of  said 
purchaser.     If  such  sale  is  also  made  upon  the  prescrip- 
tion of  a  physician  the  liook  shall  also  contain  the  name 
of  the  physician  and  state  the  use  for  which  said  li(|uor 
is  prescril)ed  and  the  quantity  to  be  used  for  such  pur- 
pose, and  shall   be  cancelled  in  the  manner   Ijcfore  pro- 
vided with  reference  to  certificates.      Said  book  shall  be  Form  of  book. 
in  form  substantially  as  follows  :  — 


Date. 


Name 

of 

Purchaser. 


Residence. 


Kind 

and 

iuantity. 


Purpose 
of 

Use. 


Price. 


Name 

of 

Physician. 


Signature 

of 
Purchaser. 


Section  15.     The  book,  certificates  and  prescriptions  Books,  certifl- 
before  provided  for  or  referred  to,  shall  at  all  times  be  be'op'en''to '° 
open  in  the  city  of  Boston  to  the  inspection  of  the  board  '"^p®'^"""- 
of  police,  and  in  all  the  cities  and  towns  of  the  Common- 
wealth to   the   inspection   of  the   mayor  and  aldermen, 
board  of  license  commissioners,  selectmen,  overseers  of 
the  poor,  sheriff,  constables,  police  officers,  and  justices 
of  the  peace. 

Section  16.     Any  person  making  or  issuing  a  fiilse  Penalty  for 
or  fraudulent  certificate  or  prescription  referred  to  in  sec-  certific^^te  or 
tions  thirteen  or  fourteen  of  this  act  may  be  prosecuted  p''^««°"p''o°' 
therefor,  and  upon  conviction  may  be  fined  ten  dollars. 
Any  retail  druggist  or  apothecary  violating  any  of  the 
provisions  of  sections  thirteen,  fourteen  and  fifteen  of  this 
act  shall,  upon  conviction  thereof,  be  piAiished  hy  fine  of 
not  less  than  fifty  nor  more  than  five  hundred  dollars,  or 
imprisonment  for  not  less  than  one  month  nor  more  than 
six  months,   or   by  both  such   fine  and   imprisonment. 


348 


Acts,  1896.  — Chap.  397. 


License  to  be 
forfeited,  etc. 


Penalty  for  sale 
of  intoxicating 
liquors  on 
licenses  unlaw- 
fully procured. 


Penalty  for 
sale,  etc.,  of 
drugs,  etc.,  by 
persons  not 
registered. 


Employment  of 
apprentices,  etc 


Penalty  for 
fraudulent 
adulteration 
of  drugs,  etc. 


Persons  selling 
certain  poisons 
to  keep  record, 
etc. 


He  shall  in  addition  to  said  penalties  forfeit  his  license  and 
be  disqualified  to  hold  a  license  for  the  period  of  one  year 
after  his  conviction,  and  if  the  licensee  is  the  owner  of 
the  premises  no  license  shall  be  exercised  on  the  premises 
described  in  the  forfeited  license  during  the  residue  of  the 
term  thereof. 

Section  17.  Any  person  not  l)eing  a  registered  phar- 
macist who  shall  procure  a  sixth  class  license  for  the  sale 
of  intoxicating  liquors,  in  the  name  of  a  registered  phar- 
macist w^ho  is  dead,  or  in  the  name  of  a  registered  phar- 
macist by  borrowing,  hiring  or  purchasing  the  use  of  his 
certificate,  and  who,  being  himself  the  owner  or  manager 
of  the  place,  shall  l)y  himself  or  his  servants  sell  intoxi- 
cating liquor,  shall  upon  conviction  thereof  be  fined  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars, 
and  imprisoned  in  the  house  of  correction  for  a  term  of 
not  less  than  one  month  nor  more  than  six  months,  and 
the  provisions  of  section  eight  of  chapter  two  hundred 
and  fifteen  of  the  Public  Statutes  shall  not  apply  to  such 
sentence. 

Section  18.  Whoever  not  being  registered  as  afore- 
said shall,  by  himself  or  his  agent  or  servant,  unless  such 
agent  or  servant  is  so  registered,  retail,  compound  for 
sale  or  dispense  for  medicinal  purposes,  or  shall  keep  or 
expose  for  sale,  drugs,  medicines,  chemicals  or  poisons, 
except  as  provided  in  section  twenty-three  of  this  act, 
shall  be  punished  l)y  a  fine  not  exceeding  fifty  dollars. 
But  nothing  in  this  act  shall  be  construed  to  prohibit  the 
employment  of  apprentices  or  assistants  under  the  per- 
sonal supervision  of  a  registered  pharmacist. 

Section  19.  Whoever  fraudulently  adulterates,  for 
the  purpose  of  sale,  any  drug  or  medicine,  or  sells  any 
fraudulently  adulterated  drug  or  medicine,  knowing  the 
same  to  be  adulterated,  shall  he  punished  by  imprison- 
ment in  a  jail  not  exceeding  one  year,  or  by  line  not  ex- 
ceeding four  hundred  dollars  ;  and  such  adulterated  drugs 
and  medicines  shall  be  forfeited,  and  destroyed  under  the 
direction  of  the  court. 

Section  20.  Whoever  sells  arsenic  (arsenious  acid), 
atropia  or  any  of  its  salts,  chloral  hydrate,  chloroform, 
cotton  root  and  its  fluid  extract,  corrosive  sublimate, 
cyanide  of  potassium,  Donovan's  solution,  ergot  and  its 
fluid  extract.  Fowler's  solution,  laudanum,  INIc^Iunn's 
elixir,  morphia  or  any  of  its  salts,  oil  of  pennyroyal,  oil 


Acts,  1896.  — Chap.  397.  349 

of  savin,  oil  of  tansy,  opium,  Paris  green,  Parsons'  ver-  Persons  selling 
min  exterminator,  phosphorus,  prussic  acid,   "rough  on  trkee°p^r°eco?d, 
rats",  strychnia  or  any  of  its  salts,  tartar  emetic,  tincture  ^^°- 
of  aconite,  tincture  of  belladonna,  tincture  of  digitalis, 
tincture  of  nux  vomica,  tincture  of  veratrum  viride,  with- 
out the  written  prescription  of  a  physician,  shall  keep  a 
record  of  such  sale,  the  name  and  amount  of  the  article 
sold,  and  the  name  and  residence  of  the  person  or  persons 
to  whom  it  Avas  delivered,  which  record  shall  be  made  be- 
fore the  article  is  delivered,  and  shall  at  all  times  be  open 
to  inspection  by  the  officers  of  the  district  police  and  by 
the   police  authorities  and  officers  of  cities  and  towns. 
Whoever  neglects  to  keep  or  refuses  to  show  to  said  offi-  Penalty, 
cers  such  record  shall  be  punished  by  fine  not  exceeding 
fifty  dollars.     Whoever  sells  any  of  the  poisonous  articles  '' Poison  "  and 
named  in  this  section  without  the  written  prescription  of  be  printed  on 
a  physician,  shall  affix  to  the  l)ottle,  box  or  wrapper  con- 
taining the  article  sold  a  lal)el  of  red  paper  upon  which 
shall  be  printed  in  large  black  letters  the  word,  Poison, 
and  also  the  word.  Antidote,  and  the  name  and  place  of 
business  of  the  vendor.     The   name   of  an   antidote,  if 
there  be  any,  for  the  poison  sold,  shall  also  be  upon  the 
label.     Every  neglect  to  affix  such  label  to  such  poison-  Penalties. 
ous  article  before  the  delivery  thereof  to  the  purchaser 
shall  be  punished   l)y  fine   not  exceeding  fifty  dollars. 
Whoever  purchases  poisons  as  aforesaid  and  gives  a  false 
or  fictitious  name  to  the  vendor  shall  he  punished  by  fine 
not  exceeding  fifty  dollars,  provided  that  nothing  in  this  Not  to  apply 
act  shall  be  construed  to  apply  to  wholesale  dealers  and  d°eJIer°s,'^etc! 
to   manufacturing   chemists  in  their    sales  to   the  retail 
trade. 

GENERAL    PROVISIONS. 

Section  21.     It  shall  l^e  the    duty  of  the  board  of  investigation  of 

.        ^  complaints,  etc. 

registration  in  pharmacy  to  investigate  all  complaints  of 
disregard,  non-compliance  with,  or  violation  of,  the  pro- 
visions of  this  act,  and  to  lu'ing  all  such  cases  to  the 
notice  of  the  proper  prosecuting  officers,  and  especially 
to  prosecute  all  persons  violating  section  seventeen  of 
this  act. 

Section  22.     In  order  properly  to  carry  out  the  pro- Annual  ex- 
visions  of  this  act  the  board  of  registration  in  pharmacy  p""'^""'"'^' «"=• 
may  expend  annually  a  sum  not  exceeding  two  thousand 
dollars,  and  an   itemized   statement  of  all  expenses   in- 


350 


Acts,  1896.  — Chap.  398. 


Not  to  apply  to 
physicians 
putting  up 
their  own  pre- 
scriptioaa,  etc. 


Proviso. 


Repeal. 


curred  shall  be  filed  with  the  auditor  of  the  Common- 
wealth, who,  after  they  have  l)eeii  properly  approved, 
shall  allow  them  in  the  same  manner  as  other  claims 
against  the  Commonwealth, 

Section  23.  This  act  shall  not  apply  to  physicians  put- 
ting up  their  own  prescriptions  or  dispensing  medicines 
to  their  patients ;  nor  to  the  sale  of  drugs,  medicines, 
chemicals  or  poisons  at  wholesale  only ;  nor  to  the  manu- 
facture or  sale  of  patent  and  proprietary  medicines  ;  nor 
to  the  sale  of  non-poisonous  domestic  remedies  usually 
sold  hy  grocers  and  others ;  nor  shall  any  member  of 
a  copartnership,  other  than  a  registered  pharmacist,  be 
lial^le  to  the  penalties  hereof:  2^^'ovkled,  that  such  non- 
registered  member  shall  not  retail,  compound  for  sale  or 
disi)ense  for  medicinal  purposes,  drugs,  medicines,  chemi- 
cals or  poisons,  except  under  the  personal  supervision 
of  a  registered  pharmacist. 

Section  24.  Sections  five  and  six  of  chapter  two  hun- 
dred and  eight  of  the  Puljlic  Statutes,  chapter  three 
hundred  and  thirteen  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-five,  chapters  two  hundred  and  sixty- 
seven  and  four  hundred  and  thirty-one  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-seven,  chapter  two 
hundred  and  nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  eighty-eight,  chapters  two  hundred  and  twenty- 
seven  and  four  hundred  and  seventy-two  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-three,  and  chapter 
four  hundred  and  thirty-five  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-four,  are  hereby  repealed. 

Approved  May  15,  1896. 


Chap.39S 


V.  8.  57,  §  7, 
etc.,  amended. 


VeBsels  con- 
taining milk 
from  which 
cream  has 
been  removed 
to  be  marked 
"Skimmed 
Milk." 


An  Act  relative  to  the  ikspection  and  standard  of  milk. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  seven  of  chapter  fifty-seven  of  the 
Public  Statutes,  as  amended  by  section  seven  of  chapter 
three  hundred  and  fifty-two  of  the  acts  of  the  year  eight-* 
een  hundred  and  eighty-five,  is  hereby  amended  by 
striking  out  all  of  said  section,  and  inserting  in  place 
thereof  the  following  :  —  Section  7.  No  person,  by  him- 
self or  his  agents,  shall  sell,  exchange  or  deliver,  or  have 
in  his  custody  or  possession,  with  intent  to  sell,  exchange 
or  deliver,  milk  from  which  the  cream  or  any  part  thereof 
has  been  removed,  unless  in  a  conspicuous  place  upon 


Acts,  1896.  — Chap.  398.  351 

every  vessel,  can  or  package  of  more  than  two  quarts 
capacity  from  or  in  which  such  milk  is  sold,  exchanged 
or  delivered,  the  words  "  Skimmed  Milk",  are  distinctly 
marked  in  plain  uncondensed  gothic  letters,  not  less  than 
one  inch  in  length,  said  marking  to  be  in  dark  letters  on 
a  light  ground,  and  to  be  on  the  vessel,  can  or  package 
itself  and  not  upon  a  detachable  label  or  tag ;  and  unless 
in  a  conspicuous  place  upon  every  vessel,  can  or  package 
of  two  quarts  or  less  capacity  from  or  in  which  such  milk 
is  sold,  exchanged  or  delivered,  the  words  "Skimmed 
Milk",  are  distinctly  marked  in  plain  uncondensed  gothic 
letters,  said  markino-  to  be  in  dark  letters  on  a  liffht 
ground,  and  to  be  either  on  the  vessel,  can  or  package 
itself  or  upon  a  detachal^le  label  or  tag.  Whoever  vio-  Penalty, 
lates  the  provisions  of  this  section  shall  be  punished  by 
the  penalties  provided  in  section  five. 

Section  2.     Section  nine  of  chapter  fifty-seven  of  the  p.s.57,  §9, 
Public  Statutes,  as  amended  by   section   six  of  chapter  etc., amended. 
three    hundred    and   fifty-two    of  the    acts    of  the    year 
eighteen  hundred  and  eighty-five,  and  by  section  two  of 
chapter  three  hundred  and  eighteen  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-six,  is  hereby  amended 
by  striking  out  all  of  said  section,  and  inserting  in  place 
thereof  the  following  :  —  Section  9.     In  all  prosecutions  certain  miik  to 
under  this  chapter,  if  the  miik  is  shown  upon  analysis  to  ^t^olalLlT- 
contain  less  than  thirteen  per  cent,  of  milk  solids,  or  to  ^''d  quality- 
contain  less  than  nine  and  three  tenths  per  cent,  of  milk 
solids  exclusive  of  fat,  or  to  contain  less  than  three  and 
seven  tenths  per  cent,  of  fat,  it  shall  be  deemed  for  the 
purposes  of  this  act  to  be  not  of  good  standard  quality, 
except  during  the  months  of  April,  May,  June,  July  and 
August,  when  milk  containing  less  than  twelve  per  cent, 
of  milk  solids,  or  less  than  nine  per  cent,  of  milk  solids 
exclusive  of  fat,  or  less  than  three  per  cent,  of  fat,  shall 
be  deemed  to  be  not  of  good  standard  quality. 

Section  3.     Section  four  of  chapter  three  hundred  and  amended  ^^' 
eighteen  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-six  is  hereby  amended  by  striking  out  all  of  said 
section,  and  inserting  in  place  thereof  the  following :  — 
Section  4.     Whoever  makes,  causes  to  be  made,  uses  or  Penalty  f^ 
has  in  his  possession  any  imitation  or  counterfeit  of  any  ulitelxT^a^"^' 
seal  used  by  any  inspector  of  milk,  collector  of  samples 
or  other  official  engaged  in  the  inspection  of  milk,  and 
whoever  changes  or  in  any  way  tampers  with  any  sample 


352 


Acts,  1896.  — Chap.  399. 


taken  or  sealed  as  provided  in  section  two,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars 
and  by  imprisonment  in  the  house  of  correction  not  less 
than  three  nor  more  than  six  months. 

A2)2'>')'oved  May  15,  1896. 


Chestnut  Street 
Meeting-House 
and  Cemetery 
Association 
incorporated. 


(7^«Z>.399   ^^  ^^"^  '^^   INCORPORATE    THE    CHESTNUT    STREET   MEETING-HOUSE 

AND  CEMETERY   ASSOCIATION. 

Be  it  enacted,,  etc.,  as  folloios : 

Section  1.  John  Darling,  William  A.  Dodge,  William 
O.  Burden,  Carlton  A.  Staples,  Austin  B.  Fletcher,  James 
Engley,  Cornelius  R.  Day,  Hiram  T.  Daniels,  Horace  A. 
Benson,  Willard  Wilson  and  Frederick  Thayer,  their  as- 
sociates and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  Chestnut  Street  Meeting-House  and 
Cemetery  Association,  for  the  purpose  of  caring  for  two 
pieces  of  real  estate  in  the  town  of  Blackstone,  namely : 
—  The  unenclosed  cemetery,  containing  about  half  an 
acre,  on  Chestnut  street  near  the  \'illage  of  Millville  in 
said  town,  set  apart  for  l)urial  purposes  by  deed  of  gift 
in  the  year  seventeen  hundred  and  sixty-seven,  and 
the  tract  of  land  two  miles  further  north  on  said 
Chestnut  street  on  which  stands  the  meeting-house 
built  in  the  year  seventeen  hundred  and  sixty-nine, 
known  as  the  Chestnut  Hill  Meeting-House,  together 
with  the  burying  ground,  containing  about  an  acre, 
attached  thereto. 

Section  2.  The  first  meeting  of  said  corporation  shall 
be  held  on  the  second  Monday  of  June  in  the  year 
eighteen  hundred  and  ninety-six,  at  two  o'clock  in  the 
afternoon,  at  the  Chestnut  Hill  Meeting-House.  At  such 
meeting  the  incorporators  may  organize  by  the  choice  of 
a  temporary  chairman  and  clerk,  may  adopt  by-laws  and 
may  proceed  at  such  meeting,  or  at  a  subsequent  meeting 
notified  in  accordance  with  the  by-laws,  to  the  permanent 
organization  of  the  corporation. 

Section  3.  Said  corporation  may  exercise  the  powers 
of  cemetery  corporations  organized  under  general  law, 
over  the  two  burying  grounds  herein  mentioned,  and  the 
powers  of  religious  corporations  organized  under  general 
law,  over  said  meeting-house  and  its  appurtenances,  sub- 
ject to  the  rights  of  any  persons  claiming  an  estate  or 
interest  therein  under  the  original  proprietors. 


First  meeting, 
etc. 


Corporation 
may  exercise 
certain  powers. 


Acts,  1896.  — Chaps.  400,  401,  402.  353 

Section  4.     Said  corporation  may  take,  hold  and  man-  May  take  certain 
age  real  and  personal  estate  given,  granted,  devised  or  souai  estate, etc. 
bequeathed  to  said  corporation  for  the  care  or  improve- 
ment of  said  burying  grounds  or  meeting-house  and  its 
appurtenances. 

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

Approved  May  15,  1896. 

An  Act  to  confirm  the  proceedings  of  a  certain  town  meeting  (JJiapAOO 

OF  THE  TOWN  OF  HUNTINGTON. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     The  proceedings  of  the  annual  town  meet-  ^nny^^'Jo"!^"^ 
ins  of  the  town  of  Huntino-ton,  held  on  the  twentieth  day  rneetuitfof 

®  .,.,  '11  Ti  1        •  •         Huntington 

of  A})ril  in  the  year  eighteen  hundred  and  ninety-six,  confirmed. 
shall  not  be  invalid  by  reason  of  the  fact  that  said  meeting 
was  held  on  a  legal  holiday. 

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

Approved  May  15,  1896. 


ChapAOl 


An  Act  relative  to  trial  lists  and  to  notifying  attorneys 
of  trials  in  the  superior  court. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  superior  court  shall  have  full  power  Printing  and 
and  authority  from  time  to  time  to  make  and  promulgate  tria[ii8"t8,"e^tc° 
such   rules  for   regulating  the   printing,    publishing  and 
distributing  of  trial  lists,  and  for  notifying  attorneys  of 
trials  in  the  superior  court  for  civil  business,  as  the  pub- 
lic convenience  in  the  several  counties  shall  demand. 

Section  2.     Chapter  four  hundred  and  fifty-nine  of  the  Repeal, 
acts  of  the   year    eighteen    hundred   and    eighty-nine    is 
hereby  repealed. 

Section  3.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  September  in  the  year  eighteen  hundred  and  ninety-six.  1898.*'°  "^"^  ' 

Approved  May  15,  1896. 

An  Act  relative  to   bonds  given   by  agents  of  foreign  in-  QJia7)A02 

SURANCE   companies. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  ninety-two  of  chapter  five  hun-  1894. 522,  §  92, 
dred  and  twenty-two  of  the  acts  of  the  year   eighteen  *°''° 
hundred  and  ninety-four  is  hereby  amended  by  striking 


354 


Acts,  1896.  — Chap.  402. 


Agents  of  for- 
eign insurance 
conipauieB  to 
exhibit  on 
signs,  cards, 
etc.,  tiie  name 
of  the  state  or 
country  of  the 
company  he 
represents. 


Agents  to  file 
bonds,  etc. 


BooliB,  papers, 
etc.,  to  be  opt-n 
to  inspection  of 
tax  commis- 
sioner; penalty 


Certificate  of 
authority  to 
be  cancelled. 


out  in  the  thirty-sixth  and  thirty-seventh  lines,  the  words 
' '  of  life  or  accident  insurance  companies  ",  so  as  to  read 
as  follows :  —  Section  92.  Every  person  acting  for  a 
foreign  insurance  company  shall  exhibit  in  conspicuous 
letters,  on  the  sign  designating  his  place  of  business,  the 
name  of  the  state  or  country  under  whose  authority  the 
company  he  represents  has  been  incorporated  or  formed. 
And  said  company  and  agent  shall  also  have  printed  in 
large  type  the  name  of  such  state  or  country  and  the  kind 
of  office,  whether  chartered  or  formed  as  a  mutual  or  stock 
company,  upon  all  policies  issued  to  citizens  of  this  Com- 
monwealth, on  all  cards,  placards  and  pamphlets,  and  in 
all  advertisements  pul^lished,  issued  or  circulated  in  this 
Commonwealth  by  them  or  him,  relating  to  the  business 
of  such  company. 

Every  agent  of  a  foreign  insurance  company,  before 
transacting  any  business  in  this  Commonwealth,  shall  file 
with  the  treasurer  of  the  Commonwealth  a  bond  with  two 
sureties  approved  by  the  insurance  commissioner  in  the 
penal  sum  of  five  hundred  dollars,  conditioned  that  such 
agent  shall,  on  or  before  the  fifteenth  day  of  November  in 
each  year,  make  return  to  the  tax  commissioner  of  all 
business  transacted  by  him  as  such  agent  during  the  year 
ending  with  the  thirty-first  day  of  Octol)cr  then  next  pre- 
ceding, in  such  form  as  the  tax  commissioner  may  pre- 
scril)e ;  and  also  that  all  the  books,  papers  and  accounts 
of  his  agency  shall  be  open  to  the  inspection  of  the  tax 
commissioner  at  any  time  whenever  he  may  deem  it 
proper  to  verify  the  statement  of  transactions  aforesaid.  If 
any  such  agent  shall  refuse  to  submit  the  books,  papers 
and  accounts  of  his  agency  to  such  inspection,  he  shall 
])e  lial)le  to  a  penalty  of  not  less  than  fifty  nor  more  than 
five  hundred  dollars,  which  may  l)e  recovered  in  a  suit 
upon  said  bond,  and  the  tax  commissioner  shall  report 
such  refusal  to  the  insurance  commissioner,  who  shall 
thereupon  cancel  his  certificate  of  authority  to  such  agent, 
and  the  certificate  so  cancelled  shall  not  be  renewed 
within  one  year  thereafter ;  but  only  such  agents  are  re- 
quired to  give  bond  as  are  not  accountable  to  any  other 
agent  in  the  Commonwealth  for  premiums  received. 

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

Approved  May  13,  1896. 


Acts,  1896.— Chaps.  403,  404.  355 


An  Act  relative  to  the  filling  of  certain  lands  which  may  (77i«r).403 

BE   TAKEN  FOR  THE  PROTECTION  OF   THE   PUBLIC   HEALTH  IN   THE 
CITY   OF   CAMBRIDGE. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     Section  one  of  chapter  one  hundred  Juid  ^^g^j^^'^'S i, 
ninety-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six  is  hereby  amended  by  striking  out  the  word 
"  not ",  in  the  fourth  line  of  said  section,  so  as  to  read  as 
follows  :  —  Section  1.     Whenever  the  board  of  health  of  p*,?e't^,^^ 
the  city  of  Camlnndge  shall  adjudge  that  the  public  health  'n  Cambridge, 
requires,  and  shall  order  that  any  lands  in  said  city,  other 
than  clay  lands  lying  west  of  Walden  street  and  within  the 
present  limits  of  wards  one  and  five,  and  lands  imme- 
diately abutting  on  Charles  or  Miller's  rivers,  be  filled 
to  the  grade  specified  in  such  order,  which  grade   shall 
not  exceed  thirteen  feet  al)ove  mean  low  water,  the  own- 
ers of  said  lands  shall   forthwith  fill  the  same  in  accord- 
ance  with  said  order  and  in  a  manner  and  with  material 
satisfactory  to  said  board. 

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

Apiproved  May  15,  1890. 

An  Act  relative  to  liens  on  vessels.  (7Aa».404 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  fifteen  of  chapter  one  hundred  and  r-s.m.  §15. 

'^  amendea. 

ninety-two  of  the  Public  Statutes  is  hereby  amended  by 
striking  out  in  the  second  line,  the  word  "four",  and  in- 
serting in  place  thereof  the  word  :  — thirty,  —  so  as  to  read 
as  Mlows :— /Section   15.     Such  lien  shall  be  dissolved  ^^^|',Ve°dir'''' 
unless  the   person  claiming  the  same  files,  within  thirty  solved  unless 

A.  ~  -  '„  -^     sworn  statement 

days  from  the  tmie  when  the  vessel  departs  irom  the  port  is  aied  within 
at  which  she  was  when  the  debt  was  contracted,  in  the  the^r^dep^arture. 
office  of  the  clerk  of  the  city  or  town  within  which  the 
vessel  was  at  such  time,  a  statement,  subscribed  and  sworn 
to  by  him  or  by  some  person  in  his  behalf,  giving  a  just 
and  true  account  of  the  demand  claimed  to  be  due  to  him, 
with  all  just  credits,  and  also  the  name  of  the  person  with 
whom  the  contract  was  made,  the  name  of  the  owner  of 
the  vessel,  if  known,  and  the  name  of  the  vessel,  or  a 
description  thereof  sufficient  for  identification  ;  which  state- 
ment shall  be  recorded  by  such  clerk  in  a  book  kept  by 


356 


Acts,  1896.  — Chap.  405. 


him  for  that 

shall  receive 

equal  length. 

Section  2. 


purpose 
the 


and  for  such 


recording 


the  clerk 


same  fees  as  for  recording  mortgages  of 


This  act  shall  take  effect  upon  its  passage. 
Ap2Woved  May  15,  1896, 


Chaj) 


Ar\K  An  Act  to  authorize  the  town  of  leominister  to  take  land 

FOR   THE   ERECTION   OF   A   PUBLIC   HIGH   SCHOOL   BUILDING. 


Town  of  Leom- 
inster may  take 
certain  real 
estate  for  erec- 
tion of  high 
Bchool  building 


Description  of 
land  to  be 
recorded,  etc. 


Damages. 


Town  may  offe 
a  specified  sum 
etc. 


Be  it  enacted.,  etc.,  as  follows: 

Section  1.  The  town  of  Leominster,  acting  by  its 
])oard  of  selectmen,  is  hereby  authorized  to  take  by  pur- 
chase or  otherwise,  in  fee,  at  any  time  within  the  period  of 
one  year  from  the  passage  of  this  act,  the  whole  or  any  part 
of  certain  real  estate  in  said  town  bounded  as  follows  :  — ■ 
Beginning  at  the  northerly  end  of  Church  street,  thence 
running  easterly  by  land  of  Mrs.  J.  W.  H.  Lawrence, 
three  hundred  feet  more  or  less,  thence  northerly  at  an 
angle  of  ninety  degrees,  on  land  of  Mrs.  Angelina  Phelps 
to  Walnut  street,  so-called,  thence  running  westerly  on 
said  Walnut  street,  three  hundred  feet  more  or  less,  and 
thence  southerly  in  a  direct  line  to  the  place  of  beginning, 
containing  two  and  one  half  acres  more  or  less  ;  said  real 
estate  so  taken  to  be  used  for  the  erection  thereon  of  a 
public  high  school  building. 

Section  2.  The  order  for  such  taking  shall  be  ap- 
proved by  vote  of  the  town,  and  within  thirty  days  from 
the  approval  of  any  such  order  the  town  clerk  shall  file 
and  cause  to  be  recorded  in  the  northern  district  registry 
of  deeds  for  the  county  of  Worcester  a  description  of  the 
land  so  taken,  sufficiently  accurate  for  identification,  with 
a  statement  of  the  purpose  for  which  such  lands  were 
taken  under  this  act. 

Section  3.  The  town  of  Leominster  shall  pay  all 
damages  sustained  by  any  person  by  the  taking  of  lands 
or  other  property  hereunder.  Any  person  sustaining 
damages  as  aforesaid,  who  fails  to  agree  with  the  town 
as  to  the  amount  of  damages  sustained,  may  have  his 
damages  assessed  and  determined  in  the  manner  provided 
by  law  where  land  is  taken  for  the  laying  out  of  high- 
ways, on  application  at  any  time  within  the  period  of  one 
year  from  the  taking  of  such  land  or  property. 

Section  4.  In  every  case  of  a  petition  for  the  assess- 
ment of  damages,  or  for  a  Jury  hereunder,  the  said  town 
may  ofler  in  court   and  consent  in  writing  that  a  sum 


Acts,  1896.  — Chap.  406.  357 

therein  specified  may  be  awarded  as  damages  to  the  com- 
plainant ;  and  if  the  comphiinant  shall  not  accept  the  same 
within  ten  days  after  he  has  received  notice  of  such  ofler, 
and  shall  not  finally  recover  a  greater  sum  than  the  one 
oft'ered,  not  including  interest  on  the  sum  recovered  in 
damages  from  the  date  of  the  ofter,  the  said  town  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  ofifer,  unless  the  damages  so 
recovered  shall  be  in  excess  of  the  amount  offered  by  said 
town  as  aforesaid. 

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

Approved  May  15^  IS 96. 


ChapAOG 


An  Act  to  incorporate  the  prospect  union  association. 

Be  it  enacted^  etc. ,  as  foUoivs  : 

Section  1.  Edmund  Reardon,  James  J.  Myers,  John  Prospect  umon 
H.  Corcoran,  Theodore  H.  Raymond,  Francis  G.  Peabody,  incorporated. 
Robert  E.  Ely,  Charles  W.  Eliot,  Charles  Eliot  Norton, 
John  Graham  Brooks,  Joseph  G.  Thorp,  Francis  C.  Foster, 
George  Hodges,  John  Flatley,  David  N.  Beach,  William 
E.  Russell,  James  A.  Woolson,  John  Hopewell,  Jr., 
Thomas  Wentworth  Higginson,  Henry  C.  Warren,  Charles 
J.  Wood,  Frank  M.  Foster,  William  H.  Nagle,  Charles  A. 
Sievwright,  Walter  Calley,  John  F.  Harrington,  their 
associates  and  successors,  are  hereby  made  a  corporation 
by  the  name  of  the  Prospect  Union  Association,  for  the 
purpose  of  furnishing  educational  and  social  opportunities 
to  working  men ;  and  for  that  purpose  shall  have  all  the 
powers  and  privileges  and  be  subject  to  all  the  duties  and 
liabilities  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations, 
except  as  hereinafter  otherwise  provided. 

Section  2.     Said  corporation  may  hold  real  and  per-  May  hoid  real 
sonal   estate  to  an  amount   not  exceeding  two  hundred  estate,  etc. 
thousand  dollars,  and  may  mortgage  and  lease  its  real 
estate.     Said  corporation  may  make  all   proper  by-laws 
and  shall  have  power  to  do  all  acts  properly  incidental  to 
the  fiilfilment  of  the  purposes  of  its  incorporation. 

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

Approved  May  16,  1896. 


358 


Acts,  1896.  — Chaps.  407,  408. 


Commonwealth 
to  pay  to  the 
Worcester 
Polytechnic 
InBtitute  a 
certain  sum 
annually. 


To  maintain 
forty  free 
BcholarBhips, 
etc. 


O/itt7).407  -^^    ^*""^    RELATIVE    TO    STATE    SCHOLARSHIPS    IN    THE    WORCESTER 

POLYTECHNIC  INSTITUTE. 

Be  it  enacted,  etc.,  as  foUoios : 

Section  1 .  There  shall  be  paid  annually  from  the  treas- 
ury of  the  Commonwealth  to  the  treasurer  of  the  Worcester 
Polytechnic  Institute,  from  and  after  the  first  day  of  Sep- 
tember in  the  year  eighteen  hundred  and  ninety-six,  the 
sum  of  three  thousand  dollars. 

Section  2.  In  consideration  of  such  payment  and  of 
the  grant  made  by  chapter  fifty-seven  of  the  resolves  of  the 
year  eighteen  hundred  and  sixty-nine  the  Worcester  Poly- 
technic Institute  shall  maintain  forty  free  scholarships,  of 
which  each  senatorial  district  in  the  Commonwealth  shall 
be  entitled  to  one,  if  a  candidate  is  presented  who  is  other- 
wise unable  to  bear  the  expense  of  tuition.  In  case  no 
such  candidate  appears  from  a  senatorial  district,  then  a 
candidate  may  be  selected  from  the  state  at  large  to  fill 
such  vacancy,  who  may  continue  to  hold  the  scholarship 
annually  until  a  candidate  is  presented  from  the  senatorial 
district  unrepresented. 

Section  3.  The  scholarships  shall  be  awarded  to  such 
pupils  of  the  public  schools  of  Massachusetts  as  shall  be 
found  upon  examination  to  possess  the  qualifications  fixed 
for  the  admission  of  students  to  said  institute,  and  who 
shall  be  selected  by  the  board  of  education ;  preference  in 
the  award  being  given  only  to  qualified  candidates  other- 
wise unable  to  bear  the  expense  of  tuition. 

Section  4.  Chapter  seventy-two  and  so  much  of  chap- 
ter fifty-seven  of  the  resolves  of  the  j^ear  eighteen  hundred 
and  sixty-nine  as  relates  to  state  scholarships  are  hereby 
repealed.  Approved  May  16,  1896. 


Awarding  of 
scholarships. 


Repeal. 


ChapAm 


Payment  of 
salaries  of 
teachers  in 
small  towns. 


An  Act  relative  to  the  salaries  op  public  school  teachers 

IN   SMALL   towns. 

Be  it  enacted,  etc.,  as  follotvs : 

With  the  approval  of  the  state  board  of  education  there 
may  be  paid  from  the  income  of  the  school  fund,  to  any 
town  having  a  valuation  of  less  than  two  hundred  and 
fifty  thousand  dollars,  a  sum  not  exceeding  two  dollars  per 
week  for  the  actual  time  of  service  of  each  teacher,  ap- 
proved by  the  school  committee  of  said  town  after  special 
examination  as  to  exceptional  ability,  employed  in  the 


Acts,  1896.  — Chap.  409.  359 


Proviso. 


public  schools  of  said  town,  which  sum  shall  be  added  to 
the  salary  of  such  teacher  :  provided^  that  the  amount  paid 
by  the  town  toward  the  salary  of  such  teacher  shall  not  be 
less  than  the  average  salary  paid  by  said  town  to  teachers 
in  the  same  grade  of  school  for  the  three  years  next  pre- 
ceding, and  that  by  said  addition  no  teacher  shall  receive 
more  than  ten  dollars  per  week. 

Approved  May  16,  1896. 

An  Act  in  relation  to  the  increase  of  the  capital  stock  QJiaj)  409 

OF   STREET   RAILWAY   COMPANIES, 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  1.  Section  fifteen  of  chapter  one  hundred  and  elc^ 'amended. 
thirteen  of  the  Public  Statutes,  as  amended  by  chapter 
three  hundred  and  sixty-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-seven,  is  hereby  amended  by  striking 
out  in  the  nineteenth,  twentieth  and  twenty-first  lines,  the 
words  "  but  no  increase  shall  be  allowed  beyond  the  value 
of  the  property  of  the  company,  including  the  cash  to  be 
paid  in  on  such  increase  ",  and  inserting  in  place  thereof 
the  following  words: — If  it  appears  that  the  assets  or 
capital  stock  of  a  company  are  impaired  the  board  may 
prescribe  such  conditions  and  requirements  as  it  may  deem 
proper.  The  amount  of  impairment  and  the  conditions 
and  requirements  imposed  shall  be  stated  in  the  annual 
report  of  the  board,  —  and  by  adding  at  the  end  of  the 
section  the  following  words :  —  and  may  in  like  manner 
be  compelled  to  comply  with  any  condition  or  requirement 
prescribed  as  aforesaid, — so  as  to  read  as  follows:  — 
/Section  15.  The  directors  of  any  street  railway  company,  increase  of 
on  being  thereto  duly  authorized  by  its  stockholders,  may  sfreetraiuvay* 
from  time  to  time  petition  the  board  for  leave  to  increase  bHuowed  by ^ 
its  capital  stock  beyond  the  amount  fixed  and  limited  l)y  fn™e?tafu°c°a'8"8 
its  articles  of  association  or  l)y  any  act  of  the  general  court  ^tc. 
concerning  the  same,  for  the  purpose  of  building  and 
equipping  a  branch  or  extension  of  its  road  upon  a  loca- 
tion duly  granted  or  extended  as  provided  by  law,  or  for 
other  necessary  and  lawful  purposes  set  forth  in  the  peti- 
tion ;  and  the  board,  after  an  examination  of  the  assets 
and  liabilities  of  the  company  and  a  hearing  on  the  peti- 
tion, if  it  appears  that  the  proposed  purpose  is  lawful  and 
consistent  with  the  public  interest,  and  that  an  increase  of 
capital  is  necessary  in  order  to  enable  the  company  to 
carry  out  the  same  in  good  faith,  may  by  an  order  in  writ- 


360  Acts,  1896.  — Chaps.  410,  411. 

ing  allow  such  necessary  increase,  specifying  the  amount 
thereof  and  the  purposes  for  which  the  same  is  allowed. 
If  it  appears  that  the  assets  or  capital  stock  of  a  company 
are  impaired  the  board  may  prescribe  such  conditions  and 
requirements  as  it  may  deem  proper.  The  amount  of  im- 
pairment and  the  conditions  and  requirements  imposed 
Certificate  to      shall  bc  statcd  iu  the  annual  report  of  the  board.     A  certifi- 

be  filed  with  j.        i  •  j^i  j  i  />  i  i         • 

secretary  of  the  catc  showiug  thc  aniouut  and  purposes  oi  the  increase  so 
Commonwealth,  allowed  shall  forthwith  be  filed  in  the  office  of  the  secretary 
of  the  Commonwealth.  The  company  shall  not  apply  such 
increase  or  the  proceeds  thereof,  to  any  purpose  not  speci- 
fied in  the  order  of  the  board,  and  may  be  enjoined  from 
so  doing  by  any  justice  of  the  supreme  judicial  or  superior 
court  upon  application  of  the  board  or  of  any  interested 
party ;  and  may  in  like  manner  be  compelled  to  comply 
with  any  condition  or  requirement  prescribed  as  aforesaid. 
Section  2.     This  act  shall  take  efiect  upon  its  passage. 

A2:>proved  May  16,  1896. 

ChapAlO  ^^  ■^^'^  PROVIDING   A    SALARY   FOR   THE   MEMBERS  OF   THE  COMMON 

COUNCIL   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc. ,  as  follows  : 

hfrToUh^^'^'       Section  1.     The  members  of  the  common  council  of  the 

of  B'os'ton  °"°"^  ^^^y  '^^  Boston  shall  each  receive  a  salary  of  three  hundred 
dollars  per  annum,  and  no  money  shall  be  paid  from  the 
treasury  of  said  city  for  or  on  account  of  refreshments, 
carriage  hire  or  other  personal  expenses  incurred  directly 
or  indirectly  by  or  in  behalf  of  any  member  of  the  common 
council  or  any  committee  thereof. 

Repeal.  Section  2.     All  acts  and  parts  of  acts  inconsistent  with 

this  act  are  hereby  repealed. 

When  to  take  Section  3 .  This  act  shall  take  efiect  from  and  after  the 
first  Monday  of  January  next  succeeding  its  acceptance  by 
the  voters  of  the  city  of  Boston,  and  its  approval  by  the 
mayor.  Apjjroved  May  16,  1896. 

C/ia79.411   ^^^   ^^^   "^^   AUTHORIZE   THE   SALE    OF    CERTAIN   LANDS  TAKEN   FOR 
PUBLIC   PARK  PURPOSES  IN  THE   CITY   OF    BOSTON. 

Be  it  enacted,  etc. ,  as  foUotvs : 

^umJ^of^nll.        Section  1.     The  board  of  park  commissioners  of  the 

tou  may  sell       citv  of  Bostou  is  hercbv  authorized,  with  the  approval  of 

etc.  '     the  mayor  of  said  city,  to  sell  the  parcels  of  land  situated 

on  the  northeasterly  side  of  Seaver  street,  adjoining  Frank- 


Acts,  1896.  — Chaps.  412,  413.  361 

lin  Park,  in  that  part  of  said  city  known  as  Roxbury,  and 
to  apply  the  proceeds  of  the  sales  to  the  payment  for  other 
lands  taken  by  said  city  for  park  purposes. 

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

Approved  May  16^  1S96. 


ChapA12 


An  Act  relative  to  the  sittings  of  the  superiok  court  for 

THE   county   of   ESSEX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  sittings  of  the  superior  court  for  the  suungaof 
county  of  Essex  for  the  transaction  of  civil  business  shall  fo^Esses'"" 
be  held  at  Salem  on  the  first  Mondays  of  June  and  Decern-  tranBa^ctk)n  of 
ber,  at  Lawrence  on  the  first  Monday  of  March,  and  at  "'''  business. 
Newbury  port  on  the  first  Monday  of  October.     Questions 
of  law  arising  at  said  October  sitting  may,  if  ordered  by 
the  presiding  justice,  unless  otherwise  agreed  to  by  coun- 
sel for  both  parties  interested,  be  entered  and  heard  at  the 
law  term  of  the  supreme  judicial  court  at  Boston. 

Section  2.     The  terms  of  said  court  for  criminal  busi-  buLnesT.^""^ 
ness  shall  be   held  at  Salem  on  the  second  Monday  of 
January,  at  Newburyport  on  the  second  Monday  of  May, 
and  at  Lawrence  on  the  second  Monday  of  September. 

Section  3.     So  much  of  chapter  one  hundred  and  fifty-  iiepeai. 
two  of  the  Public  Statutes  and  of  acts  amendatory  thereof 
and  in  addition  thereto  as  is  inconsistent  herewith  is  hereby 
repealed. 

Section  4.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  June  in  the  year  eighteen  hundred  and  ninety-six.  ''""^  ^'  ^^^^' 

Approved  May  16,  1896. 

An  Act  providing  for  the  performance  of  clerical  duties  rfjffjj^  41 Q 
IN  the  superior  court  sitting  at  boston  for  the  hearing  "' 

of   cases   for  counties   other  than   SUFFOLK. 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  clerk  of  the  superior  court  for  civil  ,^'certain"it!^ 
business  in  the  county  of  Suffolk,  or  such  assistant  of  said  tings  of  the 
clerk  as  the  justices  of  said  court  or  a  majority  of  them  may 
from  time  to  time  designate  for  such  duty,  shall  act  as  clerk 
of  said  court  sitting  in  Boston  for  the  hearing  of  cases 
from  any  county  other  than  Suffolk,  and  when  such  assistant 
clerk  is  so  designated  and  acting  his  attestation  as  assistant 
clerk  shall  be  sufficient  without  further  designation. 

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

Approved  May  16,  1896. 


362 


Acts,  1896.  — Chap.  414. 


Certain  terri- 
lory  in  Wake- 
field added 
to  the  north 
metropolitan 
Bewerage 
district. 


Ch<XV.4:\4:  ^^  -^^^  "^^  PROVIDE  FOR  THE  ADDITION  OF  A  PORTION  OF  THE  TOWN 
OF   WAKEFIELD   TO   THE   METROPOLITAN   SEWERAGE   SYSTEM. 

Be  it  enacted,  etc.,  as  follozvs  : 

Section  1.  The  territor}^  comprising  the  villages  of 
Greenwood  and  Boyntonville  in  the  town  of  Waketield  is 
hereby  added  to  the  north  metropolitan  sewerage  district 
created  l)y  chapter  four  hurodred  and  thirty-nine  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine,  entitled 
"An  Act  to  provide  for  the  building,  maintenance  and 
operation  of  a  system  of  sewage  disposal  for  the  Mystic 
and  Charles  river  valleys".  In  becoming  a  part  of  the 
metropolitan  system  said  addition  shall  be  subject  to  the 
provisions  and  conform  with  the  requirements  of  the 
aforesaid  act  and  amendments  thereto,  except  as  herein 
provided,  and  the  proportionate  liability  incurred  by  said 
addition  shall  be  assumed  by  the  town  of  Wakefield. 
Any  authority  granted  to  other  municipalities  by  said  act 
or  by  amendments  thereto  is  hereby  also  vested  in  said 
town  of  Wakefield,  but  limited  in  application  to  the  terri- 
tory comprising  said  addition. 

Section  2  The  metropolitan  sewerage  commissioners 
shall  provide  an  outlet  at  the  Wakefield  town  line  in 
Greenwood  street  for  the  sewage  of  said  addition,  and, 
acting  on  behalf  of  the  Commonw^ealth,  shall  take  by 
purchase  or  otherwise  of  the  town  of  Melrose  the  present 
sewer  constructed  by  said  town  through  Wyoming  avenue, 
Berwick,  Grove,  Myrtle,  Essex  and  Tremont  streets  to 
Lake  avenue,  in  said  Melrose,  and  shall  pay  the  cost  of 
the  construction  of  the  same ;  and  the  same  shall  become 
and  is  hereby  made  a  part  of  the  main  trunk  line  of  sewers 
belonging  to  the  metropolitan  system  ;  and  the  metropoli- 
tan sewerage  commissioners  shall  at  once  extend  the  said 
main  sewer  line  to  the  Wakefield  toAvn  line  by  construct- 
ing a  main  sewer  through  Tremont,  Melrose,  Belmont, 
Franklin  and  Greenwood  streets  in  said  Melrose ;  and  the 
said  town  of  Melrose  shall  have  the  right  to  maintain  and 
make  house  connections  with  the  said  main  sewers  and 
connect  lateral  sewers  therewith  in  the  same  manner  as 
with  the  present  sewers  of  the  town,  under  the  direction 
of  the  metropolitan  sewerage  commissioners.  In  provid- 
ing said  outlet  and  in  receiving  sewage  from  said  addition 
and  said  town  of  Melrose,  and  in  any  action  in  relation 
thereto,  and  for  the  purpose  of  taking,  constructing  and 


Metropolitan 
sewerage 
commiesioneis 
to  provide  an 
outlet  for 
sewage,  take 
present  sewer 
constructed  hy 
Melrose,  etc. 


To  exercise 
certain  author- 
ity, etc. 


Acts,  1896.  — Chap.  414.  363 

maintaining  this  additional  main  line  of  sewer,  the  said 
board  of  sewerage  commissioners,  acting  on  behalf  of  the 
Commonwealth,  shall  have  and  exercise  all  the  authority 
conferred  upon  them  by  chapter  four  hundred  and  thirty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine  and  by  amendments  thereto,  regarding  the  original 
system  or  anything  relating  thereto  ;  and  all  the  i)rovisions 
of  said  chapter  are  hereby  made  applicable  to  this  additional 
taking  and  construction,  except  as  herein  otherwise  pro- 
vided. 

Section  3.     To  meet  the  expenses  incurred  under  the  Metropolitan 

..  pji'j.iij^  1  •  1    Sewerage  Loan. 

provisions  ot  this  act  the  treasurer  and  receiver  general 
shall,  with  the  approval  of  the  governor  and  council,  issue 
scrip  or  certificates  of  debt,  in  the  name  and  behalf  of  the 
Commonwealth  and  under  its  seal,  to  an  amount  not  ex- 
ceeding thirty  thousand  dollars,  for  a  term  not  exceeding 
thirty-four  years.  Said  scrip  or  certificates  of  debt  shall 
be  iss-ued  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  exceedinjj:  four 
per  cent,  per  annum,  as  the  treasurer  and  receiver  general 
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  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  the  j^ear  eighteen  hundred 
and  eighty-nine,  as  amended  by  chapter  three  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  and  by  chapter  two  hundred  and  ninety-four  of  the 
acts  *of  the  year  eighteen  hundred  and  ninety-five ;  and  ft"^*"^  ^'""^' 
the  sinking  fund  established  under  the  provisions  of  said 
chapters  shall  be  a  sinking  fund  for  the  extinguishment 


364  Acts,  1896.  — Chap.  415. 

of  the  debt  authorized  by  this  act,  said  funds  to  be  in- 
creased in  the  following  manner :  —  The  treasurer  and 
receiver  general  shall  from  year  to  year,  beginning  with 
the  year  eighteen  hundred  and  ninety-six,  apportion  to 
said  sinking  fund  an  amount  sufficient  with  its  accumula- 
tions to  extinguish  the  debt  at  maturity ;  and  in  making 
the  assessment  for  the  increase  of  said  sinking  fund  upon 
the  several  cities  and  towns  liable  thereto,  one  thirty 
second  part  of  the  whole  amount  shall  be  assessed  in  each 
of  the  first  four  years,  beginning  with  the  year  eighteen 
hundred  and  ninety-six ;  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  re- 
mainder shall  be  equally  divided  in  the  next  ten  years, 
beginning  with  the  year  nineteen  hundred  and  twenty. 
Any  premium  realized  from  the  sale  of  said  scrip  or  cer- 
tificates of  debt  shall  be  applied  to  the  payment  of  the 
interest  on  said  loan  as  it  accrues, 
bl'lnchfdedtn  Section  4.  Thc  commissioners  heretofore  appointed 
1ro7o™tionf o  be  ^^  ^^^  suprcmc  judicial  court,  and  now  sitting,  under  the 
paid  by  each  provisious  of  scctiou  fourtccn  of  chapter  four  hundred  and 
thirty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-nine  for  the  purposes  specified  in  said  section, 
and  any  other  commissioners  hereafter  appointed  for  said 
purposes,  shall  include  the  town  of  Wakefield  among  the 
cities  and  towns  whose  proportions  are  to  be  determined 
as  provided  in  said  section,  and  the  interest  and  sinking 
fund  requirements  of  the  moneys  expended  in  acquiring 
the  sewer  already  constructed  and  in  constnicting  the 
portion  of  the  sewerage  system  as  provided  for  in  this 
act,  and  the  cost  of  maintenance  and  operation  thereof, 
shall  be  deemed  a  part  of  the  interest,  sinking  fund  re- 
quirements and  costs  specified  in  section  fifteen  of  said 
chapter  four  hundred  and  thirty-nine,  and  shall  be  paid 
as  provided  for  in  said  section. 

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

Approved  May  16,  1S96. 

Chcip.4:1.5  -^^   -'^CT   TO   AMEND   THE   CHARTER   OF   THE   CITY   OF   LOM^ELL. 

Beit  enacted,  etc.,  as  follows: 

?i^l%'os^erl7o         Section  1.     All  executive  powers  which  are  now  by 

b^  ma '^o'/*''^       law  vcstcd  in  the  city  council  of  the  city  of  .Lowell,  or 

either  branch  thereof,  shall  hereafter  be  vested  in  and  ex- 


Acts,  1896.  — Chap.  415.  365 

ercised  by  the  mayor  of  said  city,  except  as  hereinafter 
otherwise  provided. 

Section  2.     The  mayor  may  suspend  or  remove  any  May  suspend  or 
executive  or  administrative  officer,  except  as  hereinafter  offlcers.'eTcr"' 
provided,  for  such  cause  as  he  shall  deem  sufficient,  and 
shall  set  forth  in  the  order  of  suspension  or  removal  his 
reasons  therefor,  provided  that  no  removal  shall  be  made 
upon  partisan  grounds.    The  order  of  suspension  or  removal 
shall  not  take  eft'ect  until  it  is  approved  by  the  city  coun- 
cil voting  by  yeas  and  nays.     The  city  council  may  by  a 
two  thirds  vote  in  each  branch,  voting  by  yeas  and  nays, 
remove  any  of  said  officers  without  the  consent  of  the 
mayor :  provided,  however^  that  nothing  contained  in  this  Proviso. 
section  shall  apply  to  any  of  the  following  departments, 
namely: — The  school  committee,  the  police  commission, 
the  water  board,  the  overseers  of  the  poor,  or  the  trustees 
of  the  public  library. 

Section  3.  There  shall  be  a  department  of  supplies,  Department  of 
and  all  material  and  supplies  for  the  city  shall  be  purchased  *"pp''^** 
by  the  chief  or  head  of  such  department,  subject  to  the 
approval  of  the  mayor.  So  far  as  is  practicable  purchases 
shall  be  after  public  advertisement  and  under  contract  ap- 
proved by  the  mayor.  All  bills  for  material  and  supplies 
shall  show  the  date  of  purchase,  date  of  delivery,  the  unit 
of  price,  the  quality  and  quantity  of  articles  purchased  and 
received,  the  number  and  date  of  the  order  for  purchase, 
and  if  the  purchase  is  under  contract,  the  number  and  date 
of  the  contract,  and  shall  be  entered  in  full  in  an  invoice 
book,  which  shall  always  be  open  to  public  inspection. 
The  chief  of  this  department  shall  be  elected  by  the  qualified 
voters  of  the  city  voting  at  the  annual  municipal  election, 
and  shall  hold  his  office  for  the  next  municipal  year  there- 
after, subject  to  the  provisions  of  section  two  of  this  act. 

Section  4.     The  mayor  shall  cause  to  be  kept  a  record  fcu''Jf^ma°^r'fd 
of  all  his  official  acts,  and  to  aid  him  in  his  official  duties  ^ekept. 
may  appoint  one  or  more  clerks. 


Section  5.     The  heads  of  the  several  departments  and  ^^^rdln 


inent  of 
Date 


offices  shall  have  the  power  to  appoint  and  employ  and  to  o^^cers,  etc. 
discharge  all  subordinate  officers  and  employees  in  their 
respective  departments  ;  and  they  shall  keep  a  record,  sub- 
ject to  inspection,  of  all  so  appointed  and  employed  and 
of  all  discharged,  and  in  all  cases  of  discharge  the  grounds 
therefor,  provided  however  that  no  removals  shall  be  made 
upon  partisan  grounds. 


366 


Acts,  1896.  — Chap.  415. 


Heads  of 
departments 
to  execute  cer- 
tain contracts, 
etc. 


Not  to  take 
part  in  the 
employment 
of  labor,  etc. 


Appropriation, 

expenditure, 

etc. 


Section  6.  The  heads  of  the  several  departments  and 
offices  shall  have  the  general  charge  and  management  of 
all  matters  pertaining  to  their  respective  departments,  and 
shall  make  and  execute  all  contracts  necessary  therefor, 
except  for  the  purchase  of  material  and  supplies  ;  but  every 
contract  made  as  aforesaid  in  which  the  amount  involved 
exceeds  three  hundred  dollars  shall  be  approved  by  the 
mayor  before  going  into  effect :  provided,  that  nothing  in 
this  section  shall  be  construed  to  prevent  the  city  council 
liy  ordinance  from  transferring  any  of  the  duties  imposed 
upon  an  appointed  head  of  a  department  by  this  act  or  by 
ordinance,  excepting  the  purchase  of  material  and  supplies, 
to  another  head  of  a  department  or  board  or  commission. 

Section  7.  Neither  the  city  council  nor  either  branch 
thereof,  nor  any  committee  or  member  thereof,  shall 
directly  or  indirectly  take  part  in  the  employment  of 
labor,  the  purchase  of  material,  the  construction,  altera- 
tion or  repair  of  any  public  works  or  other  property,  or 
in  the  care,  custody  or  management  of  the  same,  or  in 
general  in  the  expenditure  of  public  money  or  in  the 
conduct  of  the  executive  or  administrative  business  of 
the  city,  except  as  may  be  necessary  for  defraying  the 
contingent  and  incidental  expenses  of  the  city  council  or 
of  either  branch  thereof;  nor  shall  they  or  either  of  them 
take  part  in  the  making  of  contracts. 

Section  8.  No  sum  appropriated  for  a  specific  pur- 
pose shall  be  expended  for  any  other  purpose ;  and  no 
expenditure  shall  be  made  and  no  liability  shall  be  in- 
curred by  or  on  behalf  of  the  city  until  the  city  council 
has  duly  voted  an  appropriation  sufficient  to  meet  such 
expenditure  or  liability,  together  with  all  prior  unpaid 
liabilities  which  are  payable  therefrom,  except  that  after 
the  expiration  of  the  financial  year  and  before  the  making 
of  the  regular  annual  appropriations  liabilities  payable 
out  of  the  regular  appropriation  may  be  incurred  to  an 
amount  not  exceeding  one  sixth  of  the  total  of  the  appro- 
priation made  for  similar  purposes  in  the  preceding  year : 
provided,  however,  that  nothing  herein  contained  shall  be 
construed  to  restrict  or  limit  the  school  committee  in  any 
expenditure  which  it  is  now  or  may  be  hereafter  author- 
ized to  make  under  any  general  law  of  the  Commonwealth, 
or  to  restrict  or  limit  payments  on  account  of  the  perma- 
nent or  temporary  debt,  or  such  as  are  required  by  law  to 
be  made  to  the  Commonwealth. 


Acts,  1896.  — Chap.  415.  367 

Section  9.  All  revenues  and  all  moneys  accruing  to  General  xreaa- 
the  city  of  Lowell  from  any  source  whatever,  except  trust  ""^^ 
funds  and  the  revenues  of  the  water  department,  shall 
when  collected  or  paid  into  the  treasury  be  carried  to  one 
general  account,  to  be  known  as  the  General  Treasury 
Fund ;  and  all  appropriations  by  or  on  behalf  of  said  city, 
except  from  trust  funds  and  on  account  of  the  water  de- 
partment, shall  be  from  such  fund  and  as  provided  in 
section  ten  of  this  act. 

Section  10.     All  bills  or  other  claims,  before  they  are  CkaimBtopasa 
finally  certified   by   the    auditor  or  paid,   shall  pass  the  comm'i'tuie  on 
inspection  of  a  committee  of  the  city  council  on  accounts,  '"^counts,  etc. 
Said  committee  shall  consist  of  one  member  of^  me  board 
of  aldermen  and  two  members  of  the  common  council,  to 
be   elected  annually  by  ballot  by  the  body  they  respec- 
tively represent.     Said  committee  may  report  any  such 
bill  or  claim  to  the  city  council  with  their  reasons  there- 
for, and  no  bill  or  claim   so  reported  shall  be  passed  by 
the  auditor  or  be  paid  without  the  consent  of  the  council. 
Said  committee  may  require  the  opinion  of  the  city  solici- 
tor as  to  the  legality  of  a  bill  or  other  claim. 

Section  11.     A  yea  and  nay  vote  of  the  members  of  vJte  reqiS  in 
the  city  council  shall  be  required  to  pass  any  order  or  certain  cases. 
vote  involving  the    expenditure  or  appropriation  of  the 
public  moneys,  or  involving  any   debt  or  liability,  and 
said  vote  shall  be  entered  upon  the  records  of  each  branch 
of  the  city  council. 

Section  12.     Less  than  a  quorum  of  either  branch  of  Leas  than  a 
the   city  council,  or  of  the   school  committee,  or  of  the  adjourn  to  a 

lit'  />ji  T  1  ,->         1    fixed  day,  etc. 

board  oi  overseers  oi  the  poor,  may  adjourn  to  a  fixed 
day  earlier  than  the  next  regular  meeting,  and  shall  have 
power  to  compel  the  attendance  of  absent  members  in 
such  manner  as  the  city  council  may  by  ordinance  provide. 

Section  13.  All  acts  or  parts  of  acts  and  all  ordi-  Repeal. 
nances  of  the  city  of  Lowell  inconsistent  herewith  are 
hereby  repealed  and  annulled :  provided,  that  no  act  or  rrovisos. 
ordinance  heretofore  repealed  shall  thereby  be  revived ; 
and  provided,  also,  that  nothing  in  this  act  shall  be  taken 
to  prohil)it  the  city  council  from  abolishing  any  depart- 
ment, board,  office  or  commission  created  by  ordinance. 

Section  14.     The  question  of  the  acceptance  of  this  act  Question  of 
shall  be  submitted  to  the  qualified  voters  of  the  city  of  be  submitted  to 
Lowell  at  the  annual  state  election  in  the  present  year,  nrannuaretate"' 
and  the  affirmative  votes  of  a  majority  of  the  voters  present  '^'^'="°°'  ^^^^- 


368 


Acts,  1896. 


Chap.  416. 


1892,  419.  §  36, 
amended. 


and  voting  thereon  shall  be  required  for  such  acceptance. 
If  so  accepted  so  much  thereof  as  provides  for  the  election 
of  a  chief  of  the  department  of  supplies  shall  take  effect  at 
the  next  annual  municipal  election,  and  the  act  shall  take 
full  effect  on  the  first  Monday  of  January  in  the  year 
eighteen  hundred  and  ninety-seven. 

Approved  May  16,  1896. 

ChapAlQ  ^   ^CT    RELATIVE    TO    THE    CONSTRUCTION   OF    BUILDINGS    IN    THE 

CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Section  thirty-six  of  chapter  four  hundred 
and  nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two  is  hereby  amended  by  striking  out  the  words 
"  Such  walls  of  dwellings  of  the  first  or  second  class 
hereafter  built  thirty-three  feet  or  over ",  in  the  fifth  and 
sixth  lines,  and  inserting  in  place  thereof  the  words  :  — 
For  such  buildings  exceeding  said  dimensions  and  not 
over  twenty- three  feet  wide,  or  thirty-six  feet  high,  or 
forty-five  feet  deep,  external  walls  shall  be  not  less  than 
eight  inches  thick  and  party  walls  shall  be  not  less  than 
twelve  inches  thick.  In  case  such  buildings  are  to  be 
used  for  store  purposes  the  external  walls  thereof  to  the 
top  of  the  second  floor  timbers  shall  be  not  less  than 
twelve  inches  thick.  The  external  and  party  walls  of 
dwellings  of  the  fii>t  or  second  class  hereafter  built  over 
thirty-six  feet,  —  so  as  to  read  as  follows  :  —  /Section  36. 
The  external  and  party  walls  above  the  foundation  of 
dwelling  houses  of  the  first  or  second  class,  hereafter 
built,  not  over  twenty  feet  wide,  or  thirty-three  feet  high, 
or  forty  feet  deep,  shall  be  not  less  than  eight  inches 
thick.  For  such  buildings  exceeding  said  dimensions  and 
not  over  twenty-three  feet  wide,  or  thirty-six  feet  high, 
or  forty-five  feet  deep,  external  walls  shall  be  not  less 
than  eight  inches  thick  and  party  walls  shall  be  not  less 
than  twelve  inches  thick.  In  case  such  buildings  are  to 
be  used  for  store  purposes  the  external  walls  thereof  to 
the  top  of  the  second  floor  timbers  shall  be  not  less  than 
twelve  inches  thick.  The  external  and  party  walls  of 
dwellings  of  the  first  or  second  class  hereafter  built  over 
thirty-six  feet,  but  not  over  sixty  feet  high,  shall  be  not 
less  than  twelve  inches  thick.  Such  walls  of  such  dwell- 
ings sixty  feet  or  over,  but  not  over  seventy  feet  high, 
shall  be  sixteen  inches  to  the   height  of  the  top  of  the 


External  and 
party  walls 
of  dwelling 
houscB. 


Acts,  1896.  — Chap.  417.  369 

second  floor,  and  twelve  inches  for  the  remaining  height. 
Such  walls  of  such  dwellings  seventy  feet  or  over,  but  not 
over  eighty  feet  high,  shall  be  twenty  inches  to  the  top 
of  the  second  floor,  sixteen  inches  to  the  top  of  the  upper 
floor,  and  to  within  fifteen  feet  of  the  roof,  and  twelve 
inches  the  remaining  height.  Such  walls  of  such  dwell- 
ings of  eighty  feet  or  more  in  height  shall  have  for  the 
upper  eighty  feet  the  thickness  required  for  buildings 
between  seventy  and  eighty  feet  in  height,  and  every 
section  of  twenty-five  feet  or  part  thereof  below  such 
upper  eighty  feet  shall  have  a  thickness  of  four  inches 
more  than  is  required  for  the  section  next  above  it. 

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

Approved  May  18,  1896. 


Chaj^All 


An  Act  to  authorize  the  town  of  revere  to  elect  a  board 

of  survey. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.  The  town  of  Hevere,  at  its  annual  election  Town  of  Revere 
in  the  year  eighteen  hundred  and  ninety-seven,  shall  of  iLfvey.^"^'^'^ 
choose  three  persons,  citizens  of  said  town  who  do  not 
hold  any  other  town  office,  to  constitute  a  Board  of  Survey 
for  said  town,  to  serve,  one  for  the  term  of  one  year,  one 
for  the  term  of  two  years  and  one  for  the  term  of  three 
years  from  the  date  of  their  election  and  until  their  re- 
spective successors  are  elected ;  and  thereafter  the  voters 
of  said  town  shall  annually  at  the  annual  town  election 
elect  a  citizen  of  said  town  to  serve  as  a  member  of  said 
board  for  the  term  of  three  years  from  the  date  of  his 
election  or  until  his  successor  is  chosen.  Any  vacancy  Vacancy. 
occurring  in  said  board  may  be  filled  until  the  next  annual 
town  election  by  the  board  of  selectmen  and  board  of 
survey,  in  joint  convention.  The  members  of  said  board 
shall  receive  no  compensation  for  their  services. 

Section  2.     From  the  date  of  the  passage  of  this  act  selectmen  to  act 
until  the  annual  town  election  in  the  year  eighteen  hundred  "oVn  ek'ai'on, 
and  ninety-seven  the  board  of  selectmen  of  the  town  of  ^^^'' 
Revere  shall  act  as  a  board  of  survey,  and  have  all  the 
rights  and  duties  conferred  upon  said  board  by  this  act. 

Section  3.     The  board  of  survey  shall,  with  all  reason-  pianstobe 
able  dispatch,  cause  to  be  made  under  its  direction  plans  location  o7'°^ 
of  such  territory  or  sections  of  land  in  said  town  as  said  '''shways,  etc. 
board  may  deem  necessary,  showing  thereon  the  location 
of  such  highway  or  highways,  whether  already  laid  out  or 


370 


Acts,  1896.  — Chap.  417. 


To  give  public 
hearing,  etc. 


Certain  powers 
of  Belectmen 
not  abridged, 
etc. 


Construction  of 
highways,  etc. 


Proviso. 


not,  as  said  board  shall  be  of  opinion  the  present  or  future 
interests  of  the  public  will  require  in  such  territory, 
showing  clearly  the  directions,  widths  and  grades  of  each 
highway,  and  may  employ  such  assistants  and  incur  such 
expenses  as  it  may  deem  necessary  therefor,  not  to  exceed 
the  amount  of  money  appropriated  by  the  town  for  said 
purpose.  Said  board,  before  making  any  such  plan,  shall 
give  a  public  hearing  as  to  the  locations,  directions,  widths 
and  grades  of  the  highway  or  highways  in  the  territory  to 
be  shown  on  the  plan,  after  advertising  a  notice  of  such 
hearing  once  a  week  for  two  successive  weeks  in  a  news- 
paper published  in  said  town,  the  last  advertisement  to  be 
at  least  two  days  before  such  hearing,  and  shall,  after 
making  any  such  plan,  give  a  like  notice  of  hearing 
thereon,  and  keep  the  plan  open  to  public  inspection  for 
one  month  after  the  first  advertisement  of  such  hearing. 
Such  plan  thereafter,  and  after  the  alterations  deemed 
necessary  by  said  board  have  been  made  thereon,  shall  be 
marked  as  made  under  the  provisions  of  this  act,  shall  be 
signed  by  said  board,  and  if  approved  by  the  selectmen 
of  said  town  shall  be  signed  by  them,  and  after  being  so 
signed  and  approved  shall  bo  hied  in  the  office  of  the  town 
clerk  of  said  town,  who  shall  sign  the  same  and  attest  the 
date  of  said  filing. 

Section  4.  The  powers  of  the  board  of  selectmen  of 
said  town  in  regard  to  highways  shall  not  be  abridged  by 
this  act  in  any  manner  except  as  provided  in  this  section 
and  in  section  six,  and  the  powers  given  them  in  this  act 
shall  be  in  addition  to  the  powers  now  exercised  by  them. 
After  the  passage  of  this  act  no  highway  in  the  town  of 
Revere  shown  on  any  plan  filed  as  aforesaid  shall  be  laid 
out,  located  anew,  altered  or  widened,  and  no  such  high- 
way, whether  already  or  hereafter  laid  out,  shall  be  con- 
structed by  any  public  authority,  except  in  accordance 
with  the  provisions  of  this  act ;  and  no  person  or  corpora- 
tion shall  hereafter  open  for  public  travel  any  private  way 
into  any  high  May,  unless  the  location,  directions,  widths 
and  grades  of  such  private  way  have  been  approved  in 
writing  by  said  l)oard  of  survey  and  by  the  selectmen  ;  and 
neither  the  town  or  any  other  pul)lic  authority  shall  place 
any  public  sewer,  drain,  water  pipe  or  lamp  in,  or  do  any 
public  work  of  any  kind  on,  any  private  way  opened  to 
public  travel,  contrary  to  the  provisions  of  this  act :  pro- 
vided^ however^  that  this  provision  shall  not  prevent  the 


Acts,  1896.  — Chap.  418.  371 

laying  of  a  trunk  sewer,  or  a  water  or  gas  main,  as  engi- 
neering demands  may  require. 

Section  5.  If  any  building  shall  hereafter  be  placed  ^ufi^inVit 
or  erected  in  said  town  at  a  grade  other  than  the  grade  grades  other 
therefor  recorded  in  the  office  of  the  town  clerk,  or  if  any  recorded,  etc. 
building  shall  be  placed  or  erected  within  the  boundaries 
of  any  way  shown  on  any  of  the  plans  hereinbefore  pro- 
vided for,  after  the  filing  of  the  plan  as  aforesaid,  and  not 
removed  at  the  expense  of  the  owner  when  required  by 
said  board  of  selectmen,  no  damages  occasioned  to  the 
estate  of  which  the  land  on  which  the  building  was  so 
placed  formed  a  part  at  the  date  of  the  first  advertisement 
of  the  first  notice  given  by  said  board,  relating  to  the  plan 
on  which  any  part  of  said  estate  is  shown,  or  to  any  part 
of  said  estate,  by  any  subsequent  establishment  of  any 
grade  of  any  highway,  or  by  any  sul^sequent  change  of 
any  grade  of  any  highway,  shall  be  recovered  by  or  be 
paid  to  the  owner  of  the  whole  or  of  any  part  of  such 
estate. 

Section  6.  Whenever  said  board  of  survey  shall  l)e  of  improvements 
opinion  that  any  way  or  strip  of  land  in  said  town  should 
be  laid  out  as  a  highway,  or  that  any  highway  therein 
should  be  located  anew,  altered  or  widened,  and  con- 
structed by  grading  and  covering  with  pavement,  gravel 
or  other  material,  or  that  any  one  or  more  of  such  im- 
provements should  be  made,  said  board  shall  proceed  in  the 
manner  provided  at  the  date  of  the  passage  of  this  act 
for  laying  out  highways  in  said  town. 

Section  7.     Xo  indebtedness  shall  be  incurred  by  said  Estimated  cost 

,  J  of  improve- 

board  of  survey  under  this  act  until  said  board  shall  have  ments,  etc.,  to 
submitted  to  the  voters  of  the  town,  at  a  town  meeting  voters. 
duly  called  and  holden,  a  statement  of  the  proposed  im- 
provement, together  with  an  estimate  of  the  cost  of  the 
same,  and  an  appropriation  therefor  shall  have  been  made. 

Section  8.     This  act  shall  take  effect  upon  its  accept-  when  to  take 
ance  by  a  majority  vote  of  the  voters  of  said  town  present 
and  voting  thereon  at  a  town  meeting  called  for  the  pur- 
pose or  at  any  annual  meeting  of  said  town. 

Approved  3Iaxj  18,  1896. 

An  Act  relatfve  to  bakeries  and  persons  employed  therein,  niffyj^  Alfi 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.     All  buildings  occupied  as  biscuit,  bread  or  piumbing,  etc., 
cake  bakeries  shall  be  so  drained  and  shall  be  provided  '°  '^^''«"«*- 


372 


Acts,  1896.  — Chap.  418. 


Construction  of 
floors,  walls 
and  ceilings. 


Arrangement  of 
furniture,  etc. 


Storing  of 
manufactured 
flour  or  meal 
food  products. 


Washrooms, 
water-closets, 
etc. 


Sleeping  places. 


Penalty. 


Alterations  in 
premises. 


with  such  a  system  of  pkimbing  as  shall  conduce  to  the 
proper  and  healthful  condition  thereof. 

Section  2.  Every  room  used  for  the  manufacture  of 
flour  or  meal  food  products  shall  have,  if  deemed  necessary 
by  the  authority  vested  with  the  enforcement  of  this  act, 
an  impermeable  floor  constructed  of  cement  or  of  tiles  laid 
in  cement,  with  an  additional  flooring  of  wood  properly 
saturated  with  linseed  oil.  The  side  walls  and  ceilings  of 
such  rooms  shall  be  plastered  or  wainscoted,  and,  if  re- 
quired by  said  authority,  shall  be  whitewashed  at  least 
once  in  three  months.  The  furniture  and  utensils  in  such 
rooms  shall  be  so  arranged  that  the  furniture  and  floor 
may  at  all  times  l)e  kept  clean  and  in  a  proper  and 
healthful  sanitary  condition. 

Section  3.  The  manufactured  flour  or  meal  food  prod- 
ucts shall  be  kept  in  perfectly  dry  and  airy  rooms,  so 
arranged  that  the  floors,  shelves  and  all  other  facilities  for 
storing  the  same  can  be  easily  and  perfectly  cleaned. 

Section  4.  Every  such  bakery  shall  be  provided  with 
a  proper  washroom  and  water-closet  or  closets,  with  venti- 
lation apart  from  the  bakeroom  or  rooms  where  the  manu- 
facturing of  such  food  products  is  conducted ;  and  no 
water-closet,  earth-closet,  privy  or  ash-pit  shall  be  within 
or  communicate  directly  with  the  bakeroom  of  any  bakery. 

Section  5.  The  sleeping  places  for  the  persons  em- 
ployed in  a  bakery  shall  be  separate  from  the  room  or 
rooms  where  flour  or  meal  food  products  are  manufactured 
or  stored. 

Section  6.  Any  person  who  violates  any  of  the  provi- 
sions of  this  act,  or  refuses  to  comply  with  any  require- 
ment of  the  authority  vested  with  its  enforcement,  as 
provided  herein,  shall  be  guilty  of  a  misdemeanor,  and 
on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
twenty  nor  more  than  fifty  dollars  for  a  first  offence,  and 
for  a  second  offence  by  a  fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars,  or  by  imprisonment  for 
not  more  than  ten  days,  and  for  a  third  offence  by  a  fine 
of  not  less  than  two  hundred  and  fifty  dollars  and  by  im- 
prisonment for  not  more  than  thirty  days,  or  by  both  such 
fine  and  imprisonment. 

Section  7.  The  owner,  agent  or  lessee  of  any  property 
affected  by  the  provisions  of  sections  one  two,  or  four  of 
this  act  shall,  within  sixty  days  after  service  of  notice 
requiring  any  alterations  to  be  made  in  or  upon  such 


Acts,  1896.  — Chap.  419.  373 

premises,  comply  therewith.  Such  notice  shall  be  in  writ- 
ing and  may  be  served  upon  such  owner,  agent  or  lessee, 
either  personally  or  by  mail ;  and  a  notice  mailed  to  the 
last  known  address  of  such  owner,  agent  or  lessee  shall  be 
deemed  sufficient  for  the  purpose  of  this  act. 

Section  8.     The  board  of  health  of  a  city  or  town  in  Boards  of  health 
which  a  bakery  is  situated,  or  in  which  the  business  regu-  visions,  etc/  " 
lated  by  this  act  is  carried  on,  shall  enforce  the  provisions 
of  this  act  and  shall  cause  copies  of  the  same  to  be  printed 
and  posted  in  all  the  bakeries  and  places  in  which  such 
business  is  carried  on  within  their  respective  jurisdictions. 

Approved  May  19 ,  1896. 

An  Act  to  authorize  the  city  of  holyoke  to  ixchease  its  njinj)  419 

WATER   SUPPLY. 

Be  it  enacted,,  etc.,  as  foUou's : 

Section  1 .  The  city  of  Hol^^oke  by  its  water  commis-  May  take  cer- 
sioners,  for  the  purpose  of  supplying  its  inhabitants  with  land^ett"' 
pure  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  may  take  by  purchase  or  otherwise 
and  hold  the  waters  of  the  southwesterly  branch  of  the 
Manhan  river,  at  any  point  on  said  river  not  more  than 
three  thousand  feet  below  the  confluence  of  the  Tucker 
and  Manhan  brooks,  in  the  town  of  Southampton,  also 
the  waters  of  Tucker  and  Manhan  brooks  and  the  sjirings 
connected  therewith,  and  the  water  rights  connected  with 
such  waters,  and  also  all  lands,  rights  of  way  and  ease- 
ments necessary  for  holding  and  preserving  such  water 
and  for  diverting  and  conducting  the  same  into  Ashley's 
and  Wright's  ponds,  so-called,  in  said  city  of  Holyoke,  and 
also  for  conducting  the  same  to  any  and  all  parts  of  said 
city;  and  may  erect  upon  the  land  thus  taken  or  held  ^»y^^«^*,^ 
proper  dams,  buildings  and  other  structures;  and  may  down  pipes,  etc. 
make  excavations  and  provide  such  other  means  and  ap- 
pliances as  may  be  necessary  for  the  establishment  and 
maintenance  of  complete  and  effective  water  works ;  and 
may  construct  and  lay  down  conduits,  pipes  and  other 
works  under  or  over  any  lands,  water  courses,  railroads 
or  public  or  private  w^ays,  and  along  any  such  ways  in 
such  manner  as  not  unnecessarily  to  obstruct  the  same ; 
and  for  the  purpose  of  constructing,  maintaining  and  re- 
pairing the  same,  and  for  all  proper  purposes  of  this  act, 
said  city  may  dig  up  any  such  lands,  and,  under  the  direc- 
tion of  the  board  of  selectmen  of  the  town  in  which  said 


374 


Acts,  1896.  — Chap.  419. 


Description  of 
lands,  etc.,  to  be 
recorded. 


Damages. 


Holyoke  "Water 

Fund. 


ways  are  situated,  may  enter  upon  and  dig  up  any  such 
ways,  in  such  manner  as  to  cause  the  least  hindrance  to 
public  travel  on  such  ways. 

Section  2.  The  city  of  Holyoke  shall,  within  sixty 
days  after  the  taking  of  any  such  lands,  rights  of  way, 
water  rights,  water  courses  or  easements  as  aforesaid, 
otherwise  than  by  purchase,  file  and  cause  to  be  recorded 
in  the  registry  of  deeds  for  the  county  in  which  the  said 
lands  or  other  property  are  situated  a  description  thereof 
sufficiently  accurate  for  identification,  with  a  statement  of 
the  purposes  for  which  the  same  were  taken,  signed  by  the 
water  commissioners  of  said  city. 

Section  3.  The  city  of  Holyoke  shall  be  liable  to  pay 
all  damages  sustained  by  any  persons  or  corporations  in 
their  property  by  the  taking  of  any  lands,  water,  water 
sources,  water  rights,  easements  or  other  property,  or  by 
the  construction  or  repairing  of  any  dams,  aqueducts,  or 
other  works  for  the  purposes  aforesaid,  or  by  the  doing  of 
any  other  act  or  thing  causing  damage.  If  any  person  or 
corporation  sustaining  damages  as  aforesaid  cannot  agree 
with  the  city  upon  the  amount  of  such  damages  they  may 
be  assessed  by  the  county  commissioners  for  the  counties 
of  Hampden  and  Hampshire  in  joint  session,  by  the  making 
of  a  written  application  to  said  commissioners  for  the 
assessment  of  damages  within  three  years  after  such  dam- 
ages shall  have  been  sustained  ;  and  either  party  aggrieved 
by  the  decision  of  said  commissioners  in  the  estimation  of 
said  damages,  may,  upon  application  to  the  superior  court 
sitting  within  and  for  the  county  where  said  damages  are 
sustained,  have  the  same  assessed  by  a  jury,  and  if  the 
damages  are  increased  by  the  jury  said  city  shall  pay  all 
legal  costs,  but  otherwise  said  costs  shall  be  paid  by  the 
party  claiming  damages  ;  and  the  said  commissioners  and 
jury  shall  have  the  same  powers,  and  the  proceedings  shall 
in  all  other  respects  be  conducted  in  the  same  manner,  as 
provided  in  case  of  taking  lands  for  highways. 

Section  4.  Said  city  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  three 
hundred  thousand  dollars.  Such  bonds,  notes  or  scrip 
shall  bear  on  their  face  the  words,  Holyoke  Water  Fund, 
shall  be  payable  at  the  expiration  of  periods  not  exceeding 
thirty  years  from  the  date  of  issue,  shall  bear  interest  pay- 


Acts,  1896.  — Chap.  420.  375 

able  semi-annually  at  a  rate  not  exceeding  six  per  cent, 
per  annum,  and  shall  be  signed  b}'  the  treasurer  of  the  city 
and  be  countersigned  by  the  water  commissioners  of  said 
city.      Said  city  shall  sell  such  securities  at  pulilic  or 
private  sale,  or  pledge  the  same  for  money  borrowed  for 
the  purposes  of  this  act,  upon  such  terms  and  conditions 
as  it  may  deem  proper,  provided  that  such  securities  shall 
not  be  sold  for  less  than  the  par  value  thereof.     The  city  Sinking  fund. 
shall  provide  at  the  time  of  contracting  said  loan  for  the 
establishment  of  a  sinking  fund,  and  shall  annually  con- 
tribute to  such  fund  a  sum  sufficient  with  the  accumula- 
tions thereof  to  pay  the  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.     And  such  bonds,  notes  or  scrip  shall  not  be  Not  to  be  con- 
considered  or  reckoned  in  ascertaining  the   limit  of  in-  taini'ug  deb*''*'^' 
debtedness  of  said  city  under  the  provisions  of  chapter  '"""* 
twenty-nine    of  the  Public  Statutes  and    of  the   acts  in 
amendment  thereof  or  in  addition  thereto. 

Section  5.     The  city  of  Hoi  yoke  shall,  when  construct-  to  place  a  y 

,        ,  .     -,  ,  1  branch  in  pipe 

ing  its  pipe  line  through  the  town  ot  Southampton,  place  iine  through 
a  Y  branch  in  said  pipe  line,  not  less  than  eight  inches  in  et'c"  '""^  °°' 
diameter,  at  its  own  expense,  at  such  point  as  may  be 
designated  by  the  selectmen  of  said  town.  If  at  any  time 
thereafter  the  town  of  Southampton  shall  vote  to  con- 
struct a  system  of  water  works  said  town  may  connect 
its  pipea  with  that  of  the  city  of  Holyoke  at  the  Y  branch 
herein  provided  for,  and  draw  from  the  pipe  of  the  city 
of  Holyoke,  without  expense  to  said  town,  such  quantity 
of  water  as  may  be  required  hy  said  town  to  supply  its 
inhabitants  with  water  for  fire,  domestic,  and  other  pur- 
poses, except  power,  not  exceeding  one  hundred  and 
twenty-five  gallons  per  day  for  each  inhal)itant. 

Section  6.     The   provisions  of  chapter  sixty-two  of  app^fe'tc? 
the  acts  of  the  year  eighteen  hundred  and   seventy-two 
shall  apply  to  this  act,  so  far  as  the  same  are  not  in  con- 
flict herewith. 

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

Approved  May  19,  1896. 


ChapA20 


An  Act  making  an  APrKOPKiATit)N  for  the  salaries  and  ex- 
penses OF  THE  AGENTS  OF  THE  STATE   HOARD   OF  EDUCATION. 

Be  it  enacted,  etc.,  as  foUoios  : 

Section  1.     A  sum   not  exceeding   twenty  thousand  ^ftTboard 
three  hundred  and  twenty-five  dollars  is   hereby  appro-  of  education. 


376  Acts,  1896.  — Chaps.  421,  422,  423. 

priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  payment  of  the 
salaries  and  expenses  of  the  agents  of  the  state  board  of 
education  during  the  year  ending  on  the  thirty-first  day 
of  December  in  the  year  eighteen  hundred  and  ninety-six. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  1896. 

Chap,4:2lL   ■''^^  ^CT    TO    AUTHORIZE    THE   FALL    KIVER    IKON   WORKS    COMPANY 

TO  INCREASE  ITS   CAPITAL   STOCK. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

?ron  workl'"""        The  Fall  River  Iron  AVorks  Company  is  hereby  author- 
hic™ease  u?"^    izcd  to  iucrcaso  its  capital  stock  in  the  manner  provided 
capital  8tock.      ]^y  j^^  for  the  iucrcasc  of  the  capital  stock  of  manufac- 
turing corporations,  and  in  such  amounts  as  it  may  from 
time  to  time  determine,  provided  that  the  whole  amount 
of  its  capital  stock  shall  not  exceed  four  million  dollars. 

Approved  May  21,  1896. 

Chup.4:2'2l  ^N  -'^CT   RELATIVE   TO    BOXING  MATCHES. 

Be  it  enacted,  etc.,  asfolloivs: 

Penalty  for  Whocvcr  engages  in  or  gives  or  promotes  a  public  box- 

engaging  m  O  z^  ^  ,  Vi  .  .  ^  .^ 

boxitig  matches  inof  match  or  sparrmo-  exhibition,  or  engages  in  a  private 

for  a  consifltra-  ^  l  cd  '  *zj    o  i 

tion,  etc.  boxing  match  or  sparring  exhibition,  for  which  the  con- 

testants have  received  or  have  been  promised  any  pecu- 
niary reward,  remuneration  or  consideration  whatsoever, 
either  directly  or  indirectly,  shall  be  punished  by  a  fine 
not  exceeding  two  hundred  dollars,  or  by  imprisonment  in 
the  house  of  correction  for  a  term  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment. 

Approved  May  21,  1896. 


ChctV.4:23   ^^  -^CT  RELATIVE   TO  SAFE   DEPOSIT,   LOAN   AND   TRUST  COMPANIES- 

Be  it  enacted,  etc.,  as  folloivs : 
1888, 413,  §6,  Section  1.     Section  six  of  chapter  four  hundred  and 

anaenaed.  /.i  .1 

thirteen  of  the  acts  of   the   year  eighteen    hundred  and 

eighty-eight   is    hereby  amended    by   adding  at   the  end 

Not  to  give        thereof  the  following  words  :  — No  such  corporation  shall 

clnaVn^cases.     givc  Collateral  or  other  security  for  any  deposit  of  money 

received  under  the  provisions  of  this  section. 
To  set  aside  Section  2.     Evcrv  such  corporation    hereafter   incor- 

portion  of  -,  n  T     %         •  ^11  11 

earnings  as  a      poi'atcd,    after   a  dcductiou    01    all    reasonable    expenses 
guaranty  un  .    •^^^^j.j^g^j  ^^  ^^q  manao^emeut  thereof,  together  with  such 


Acts,  1896.  — Chaps.  424,  425.  377 

losses  as  may  have  occurred  during  the  year,  shall 
annually  set  aside  not  less  than  ten  per  cent,  of  its  remain- 
ing earnings  as  a  guaranty  fund,  until  such  fund  amounts 
to  twenty-tive  per  cent,  of  its  capital,  which  fund  shall  be 
invested  in  the  same  manner  as  deposits  in  savings  banks 
are  now  or  hereafter  may  be  required  to  be  invested. 

Section  3.     No  such  corporation  shall  hereafter  com- Not  to  exercise 
mence  to  exercise  the  powers  and  duties  described  in  sec-  and  dutfe°'^ith- 
tions  seven  and  eight  of  said  chapter  four  hundred  and  com?n4''8?onJr8^ 
thirteen   of  the  acts  of   the    year  eighteen  hundred  and  ^^nks*"^^ 
eighty-eight  until  it  shall  have  applied  for  and  received 
the  written   authority  of  the  board  of  commissioners  of 
savings  banks  so  to  do,  and  such  board  is  hereby  author- 
ized to  grant  or  to  decline  to  grant  such  authority,  after 
such  investigation  of  the  affairs  of  the  company  as  the 
said  board  may  deem  expedient. 

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

Approved  May  21,  1896. 

An  Act  relative  to  the  qualifications  of  firemen.  (7/«ttZ).424 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1 .     I^ersons  five  feet  five  inches  in  height,  and  ?"fi[emenTn^ 
over,  shall  be  eligible  to  appointment  on  the  fire  force  of  Boston. 
the  city  of  Boston,  if  otherwise  qualified;  and  no  rules 
shall  be  made  by  the  civil  service  commissioners  in  conflict 
with  the  provisions  of  this  section. 

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

Approved  May  21,  1896. 

An  Act  relative  to  discharges  from  the  volunteer  militia,  ni^f^^  4.0ft 
Be  it  enacted,  etc. ,  as  follows : 

Section  sixty-five  of  chapter  three  hundred  and  sixty-  1893, 367.  §  es, 

ADiGndGd 

seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three  is  hereby  amended  by  adding  at  the  end  thereof  the 
following  words  :  —  after  a  hearing  before  the  governor, 
at  which   hearing   such   officer  shall  have  the  right  to  be 
present  with   counsel,  —  so  that  said  section  as  amended 
will  read  as  follows:  — Section  65.     An  officer  may  be  Discharge  of 
honorably   discharged    hj   the  commander-in-chief,  upon  the^vofunte'er 
removal  of  residence  from  the  state  ;  upon  tender  of  resig-  '^''*''"- 
nation ;    upon    the    disbandment    of  the   organization   to 
which    he   belongs ;    or,  if  a   staff  officer,   on  the  written 
request  of  the  officer  appointing  him ;  or  upon  the  qualifi- 


378  Acts,  1896.  — Chaps.  426,  427. 

cation  of  his  appointed  successor ;  or  when  he  accepts 
an  appointment  in  the  army  or  navy  of  the  United  States  ; 
or  for  the  purpose  of  reorganization  of  the  militia  or  any 
part  thereof,  upon  the  recommendation  of  a  ])oard  of 
officers  appointed  for  that  purpose,  after  a  hearing  before 
the  governor,  at  which  hearing  such  officer  shall  have  the 
right  to  be  present  with  counsel. 

Approved  May  21,  1896. 

Chap.42i6  An  Act  relative  to  the  duties  and  jurisdiction  of  the  board 

OF   GAS   AND   ELECTRIC   LIGHT   COMMISSIONERS. 

Be  it  enacted,  etc.,  as  follows  : 
Enforcement  of       SECTION  1.     The  suprcmc  iudicial  court  or  the  supcrior 

certain  orders  I  J  _  i 

of  gas  and  court,  or  any  justice  thereof,  m  term  time  or  vacation 
commisBioners,  may,  OH  the  application  of  the  board  of  gas  and  electric 
^"^'  light  commissioners,  by  any  appropriate  process  in  equity 

enforce  all  lawful  orders  of  said  board  and  all  provisions 
of  law  respecting  persons,  corporations  or  municipalities 
engaged  in  the  manufacture  and  sale  of  gas  and  electricity 
for  lighting. 

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

A2)2)roved  May  21,  1896. 

ChClV.4:2i7  -^^   -^^"^  ^^   EXEMPT    CERTAIN   OFFICERS   OF   COURTS   FROM   SERVING 

AS  JURORS. 

Be  it  enacted,  etc.,  as  foUoivs  : 

P-  s.  170,  §  2,  Section  1 .     Section  two  of  chapter  one  hundred  and 

seventy  of  the  Public  Statutes  is  hereby  amended  by 
striking  out  the  words  "clerks  of  courts",  in  the  seventh 
line,  and  inserting  in  place  thereof  the  words: — clerks 
and  assistant  clerks  and  all  regularly  appointed  officers  of 
any  of  the  courts  of  the  United  States,  and  of  any  of  the 
courts  now  existing  or  which  may  hereafter  be  established 
in  this  Commonwealth, — so  as  to  read  as  follows:  — 
exemp°From°'  SectioH  2.  The  followiug  pcrsoiis  shall  be  exempt  from 
i^uforsf^*  serving  as  jurors,  to  wit: — The  governor;  lieutenant 
governor  ;  members  of  the  council ;  secretary  of  the  Com- 
monwealth ;  members  and  officers  of  the  senate  and  house 
of  representatives  during  the  session  of  the  general  court ; 
judges  and  justices  of  a  court,  except  justices  of  the  peace  ; 
county  and  special  commissioners ;  clerks  and  assistant 
clerks  and  all  regularly  appointed  officers  of  any  of  the 
courts  of  the  United  States,  and  of  any  of  the  courts  now 


Acts,  1896.  — Chap.  428.  379 

existing  or  which  may  hereafter  be  established  in  this  Com- 
monwealth ;  registers  of  probate  and  insolvency  ;  registers 
of  deeds  ;  sheriiis  and  their  deputies  ;  constables  ;  marshals 
of  the  United  States  and  their  deputies,  and  all  other  offi- 
cers of  the  United  States ;  attorneys  at  law  ;  settled  minis- 
ters of  the  gospel ;  officers  of  colleges  ;  preceptors  and 
teachers  of  incorporated  academies  ;  practising  physicians 
and  surgeons  regularly  licensed ;  cashiers  of  incorporated 
banks ;  constant  ferrymen ;  persons  who  are  more  than 
sixty-five  years  old ;  members  of  the  volunteer  militia ; 
members  of  the  ancient  and  honorable  artillery  company ; 
superintendents,  officers,  and  assistants  employed  in  or 
about  a  state  hospital,  state  almshouse,  jail,  lunatic  hospi- 
tal, house  of  correction,  house  of  industry,  reform  school, 
or  state  prison ;  keepers  of  light-houses  ;  conductors  and 
engine  drivers  of  railroad  trains ;  teachers  in  public 
schools ;  and  enginemen  and  members  of  the  fire  depart- 
ment of  the  city  of  Boston  ;  and  enginemen  and  members 
of  the  fire  department  of  other  places  may  be  exempt  by 
the  vote  of  the  city  council  of  the  city  or  the  inhabitants 
of  the  town. 

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

Approved  May  21,  1896. 


ChapA2S 


An  Act   to  ixcoupokate  the  Worcester  keal  estate  asso- 
ciation. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Otis  E.  Putnam,  Henry  W.  Eddy,  James  Worcester 
H.  Rowland,  Harlan  P.  Duncan  and  Henry  S.  Pratt,  their  Assidauon 
associates  and  successors,  are  hereby  made  a  corporation  "^•=o'"P°'"a*ed. 
for  the  term  of  thirty  years  from  the  date  of  the  passage  of 
this  act,  by  the  name  of  the  Worcester  Real  Estate  Asso- 
ciation, subject  to  the  provisions  of  chapter  one  hundred 
and  five  of  the  Public  Statutes  and  to  all  general  laws 
which  now  are  or  hereafter  may  be  in  force  relating  to 
such  corporations,  and  shall  have  the  powers  and  be  sub- 
ject to  the  liabilities  and  restrictions  prescribed  therein. 

Section  2.  The  said  corporation  shall  have  power  to  MayhoWcer- 
purchase,  hold,  sell,  mortgage,  let  and  lease  the  real  estate  *^^° ''^''' ^*'^'«« 
in  the  city  of  Worcester  known  as  Richmond  Heights, 
comprising  about  seventeen  acres  of  land,  situated  on 
Pleasant  street,  in  the  westerly  part  of  said  Worcester, 
being  the  same  premises  as  are  shown  on  a  plan  recorded 
with  Worcester  district  registry  of  deeds,  in  book  fourteen 


380 


Acts,  1896.  — Chaps.  429,  430. 


Capital  stock. 


Proviso. 


May  increase 
capital  stock. 


hundred  and  fourteen,  page  six  hundred  and  fifty-three, 
and  to  improve  the  same  by  the  erection  of  dwelling 
houses,  stores  and  other  buildings  thereon  or  otherwise  as 
may  be  expedient. 

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

Section  4.  The  said  corporation  may  from  time  to 
time  increase  its  capital  stock  in  amounts  not  to  exceed  in 
the  aggregate  the  further  sum  of  one  hundred  and  twenty- 
five  thousand  dollars  :  provided,  that  no  shares  in  such  in- 
creased capital  stock  shall  be  issued  for  a  less  sum  to  be 
actually  paid  in  on  such  shares  in  cash  or  propert}'  than 
the  par  value  thereof,  which  shall  not  be  less  than  one 
hundred  dollars,  the  value  of  said  property  to  be  deter- 
mined as  aforesaid ;  and,  cdso,  provided,  that  a  certificate 
stating  the  amount  of  any  such  increase  shall  within  ten 
days  thereafter  be  made,  signed  and  sworn  to  by  its 
president,  treasurer  and  a  majority  of  its  directors,  and  be 
filed  in  the  ofiice  of  the  secretary  of  the  Commonwealth. 

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

Apprcyved  May  23,  1896. 

An  Act  relative  to  agents  of  the  state  board  of  education. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  agent  of  the  state  board  of  education 
shall  be  pecuniarily  interested,  either  directly  or  indirectly, 
in  the  publication  or  sale  of  any  text  book,  school  book  or 
article  of  school  supply  used  in  the  public  schools  of  this 
Commonwealth . 

Section  2.  This  act  shall  take  efiect  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-seven. 

Approved  May  25,  1896. 

Chcip.4:30  ^^   ■^^'^   ^O   INCORPORATE   THE    MARLBOROUGH   AND   WBSTBOROUGH 

STREET   RAILWAY   COMPANY. 

Be  it  enacted,  etc.,  as  follotvs  : 

fuTweT^^  Section  1.     Edward  F.  Blodgett,  Edwin  B.  Harvey, 

torough  street   Mai'cus  A.  Coolidgc,   William  N.  Davcupoi't,  George  W. 
pa^ny^ncorpS'-     Mantle,  Charlcs  S.  Henry  and  Arthur  M.  Bridgman,  their 

rated. 


Cha2jA29 


Sale,  etc.,  of 
puWic  school 
supplies. 


Acts,  1896.  — Chap.  430.  381 

associates  and  successors,  are  hereby  made  a  corporation 
under  the  name  of  the  Marlborough  and  Westborough 
Street  Railway  Company,  with  all  the  powers  and  privi- 
leges and  .subject  to  all  the  duties,  conditions  and  restrictions 
set  forth  in  all  general  laws  that  now  are  or  hereafter  may 
be  in  force  relating  to  street  railway  companies. 

Section  2.     Said    company   is    hereby    authorized   to  May  construct 
construct   and   operate  a  railway,  with  single   or  double  railway ^in'*  ^ 
tracks  and  with  convenient  turn-outs  and  switches,  over  ^"In^certaui 
and  upon  such  locations  in  the  streets  or  highways  in  the  ^o^ns. 
city  of  Marlborough  and  in  the  towns  of  Westborough, 
Northborough  and  Southborough,  as  shall  l)e  from  time  to 
time  tixed  and  determined  by  the  mayor  and  aldermen  of 
said  city,  and  by  the  selectmen  of  said  towns  respectively. 

Section  3.     Said  company  may  locate,  construct,  equip  May  take  neces. 
and  operate  its  railway  with  suitable  tracks  and  turn-outs  ^^^^  "*"  '''  ^  '^' 
upon  and  over  private  lands  within  said  city  and  towns, 
and  for  such  purpose  may  take  and  hold  by  purchase  or 
otherwise  all  necessary  lands,  and  may  take  and  hold  by 
purchase  or  otherwise  all  land  necessary  for  power  stations 
and  other  uses  incidental  to  the  proper  maintenance  of  its 
railway,  and  may  erect  and  equip  upon  said  land  a  station 
or  stations,  with  sufficient  steam  and  electrical  power  for 
the    operation  of  its  railway.     The   proceedings  for  the  Proceedings  for 
fixing  of  the  route,  location  and  construction  of  said  rail-  io^crtfon°"efc. 
way  over  all  o-f  the  route  lying  outside  of  the  streets  and 
public  ways  of  said  city  and  towns  and  for  the  taking  of 
private  lands  for  the  purposes  named  in  this  section  shall 
be  similar  to  those  prescribed  by  general  laws  in  relation 
to  railroads. 

Section  4.     The  location  of  said  railway    outside  of  width  of 
public  streets  and  highways  shall  not  exceed  fifty  feet  in 
width. 

Section  5.  Said  company  may  maintain  and  operate  Motive  power, 
said  railway  by  any  motive  power  other  than  steam, 
approved  by  the  mayor  and  aldermen  of  the  city  of 
Marlborough  and  by  the  selectmen  of  the  towns  of  West- 
borough, Northborough  and  Southborough,  and,  with  the 
consent  of  such  boards  of  aldermen  and  selectmen,  may 
make  such  underground  alterations  of  the  streets  and 
highways,  and  may  erect  such  poles  and  wires  therein, 
and  may  erect  and  maintain  such  poles  and  wires  on  pri- 
vate lands  obtained  as  aforesaid,  as  may  be  necessary  to 
establish  and  maintain  such  motive  power. 


382 


Acts,  1896.  — Chap.  431. 


Capital  Block. 


May  issue  mort- 
gage  bonds,  etc. 


Bonds  to  be 
approved,  etc. 


May  acquire 
water  power, 
etc. 


Rights  granted 
to  be  void 
under  certain 
conditions. 


Railway  to  be 
constructed, 
etc.,  before 
July  1, 1898. 


Section  6.  The  capital  stock  of  said  corporation  shall 
not  exceed  one  hundred  thousand  dollars,  except  that  said 
corporation  may  increase  its  capital  stock  subject  to  the 
general  laws  applicable  to  such  increase.. 

Section  7.  Said  corporation  may  from  time  to  time, 
by  vote  of  the  majority  in  interest  of  its  stockholders, 
issue  coupon  or  registered  bonds.  To  secure  the  payment 
of  such  bonds,  with  interest  thereon,  said  corporation  may 
make  a  mortgage  of  its  road  and  franchise  and  of  any  part 
of  its  other  property,  and  may  include  in  such  mortgage 
property  thereafter  to  be  acquired,  and  may  therein  re- 
serve to  its  directors  the  right  to  sell  or  otherwise  in  due 
course  of  business  to  dispose  of  property  included  therein 
which  may  become  worn,  damaged  or  unsuitable  for  use 
in  the  operation  of  its  road,  provided  that  an  equivalent  in 
value  is  substituted  therefor.  All  bonds  issued  shall  first 
be  approved  by  some  person  appointed  by  the  corpora- 
tion for  that  purpose,  who  shall  certify  upon  each  bond 
that  it  is  properly  issued  and  recorded.  All  stock  and 
bonds  authorized  by  this  iiict  shall  be  issued  and  disposed 
of  in  accordance  "svith  the  provisions  of  all  general  laws 
relative  to  the  issue  of  stock  and  bonds  by  street  railway 
companies. 

Section  8.  Said  company  may  acquire  by  purchase 
and  hold  any  water  power  and  appurtenant  lands  for  the 
purpose  of  furnishing  motive  power  for  its  own  use  or  for 
the  use  of  any  connecting  street  railway. 

Section  1),  All  rights  granted  under  this  act  shall  be 
null  and  void  in  case  said  railway  shall  be  sold  or  leased 
to  any  foreign  corporation. 

Section  10.  This  act  shall  take  eifect  upon  its  passage, 
but  shall  become  void  unless  said  railway  is  constructed 
and  put  in  operation  before  the  first  day  of  July  in  the 
year  eighteen  hundred  and  ninety-eight. 

Approved  3Iay  25,  1896. 


0/ittI>.431  -^^  ^^"^  '^'^  INCORPORATE  THE  MARTHA'S  YIXEYAKD  STREET  RAIL- 
WAY COMPANY  AND  TO  AUTHORIZE  IT  TO  LEASE  OR  PURCHASE 
THE  PROPERTY  AND  FRANCHISES  OF  THE  COTTAGE  CITY  STREET 
RAILWAY   COMPANY, 

Be  it  enacted,  etc. ,  as  folloivs  : 

JlTdste^"^"  Section  1.  John  R.  Graham,  John  A.  Duggan,  Fred- 
RaHwajCom-  grick  H.  Smith,  Josiah  Quincy,  Frederick  Nichols,  Wil- 
rated.  liam  H.  Gallisoii  and  John  F.  Merrill,  their  associates  and 


Acts,  1896.  — Chap.  431.  383 

successors,  are  hereby  made  a  corporation  under  the  name 
of  the  Martha's  Vineyard  Street  Railway  Company,  with 
all  the  powers  and  privileges  and  subject  to  all  the  duties, 
liabilities  and  restrictions  set  forth  in  all  general  laws  that 
now  are  or  hereafter  may  be  in  force  relating  to  street 
railway  companies,  except  as  hereinafter  provided. 

Section  2.     Said  company  may  construct  and  operate  a  May  construct 
railway,  with  single  or  double  tracks,  and  with  convenient  railway ^in ^ '^ 
turn-outs    and  switches  and  necessary  wires,   poles  ami  •='''"''»">  to^°8- 
fixtures,  over  such  locations  upon  any  highways,  bridges 
or   wharves  in  the  towns  of  Edgartown,  Cottage  City, 
Tisbury,  West  Tisbury  and  Chilmark,  as  shall  from  time 
to  time  be  granted  by  the  selectmen  of  said  towns  respec- 
tively, and  upon  such  private  land  in  said  towns  as  said 
company  may  acquire  by  lease  or  purchase. 

Section  3.     Said  company  may  acquire  by  lease  or  May  acquire 
purchase  all  real  estate  necessary  for  its  tracks,  turn-outs,  ertlue".'*'^^  "^^^ 
switches,  power  station,   bridges  and  wharves,   and   for 
all  other  uses  incident  to  the  proper  carrying  on  of  its 
business. 

Section  4.  Said  company  may  maintain  and  operate  Motive  power. 
its  railway  by  any  motive  power  other  than  steam,  and 
may,  with  the  consent  of  the  selectmen  of  the  towns  of 
Edgartown,  Cottage  City,  Tisbury,  West  Tisbury  and 
Chilmark,  erect  poles  and  wires  in  places  under  the  con- 
trol of  said  selectmen,  and  may  erect  and  maintain  such 
poles  and  wires  upon  private  land  acquired  by  purchase 
or  lease,  as  may  be  necessary  to  establish  such  motive 
power  and  carry  on  its  business. 

Section   5.      Said    company  is    hereby  authorized   to  May  carry  on 
carry  on  the  express  business  and  to  be  a  common  carrier  bJfshi'eBsre^tc. 
for   the    conveyance   of  passengers,   goods,    parcels    and 
mails,  subject  to  the  provisions  of  chapter  seventy-three 
of  the  Public  Statutes  and  to  all  laws  relating  to  common 
carriers  and  express  companies. 

Section  6.     The  capital  stock  of  said  corporation  shall  capUai  stock. 
not  exceed  one  hundred  and  fifty  thousand  dollars,  but 
such   capital    stock  may  be    increased   according   to    the 
general  laws. 

Section  7.     Said  company  may  from  time  to  time,  by  May  issue  mort- 
vote  of  a  majority  in  interest  of  its  stockholders,  issue  ^^^^  °°  *'  *  ''* 
coupon  or  registered  bonds  to  an  amount  not  exceeding 
the  amount  of  its  capital  stock  actually  paid  in,  which 
bonds  shall  ])e  payable  in  not  exceeding  twenty-five  years 


384 


Acts,  1896.  — Chap.  431. 


Bonds  to  be 
approved. 


Issue  of  stock 
or  bonds  to  be 
approved  by 
railroad  com- 
missioners, etc. 


May  lease  or 
purchase  fran- 
chise, property, 
etc.,  of  Cottage 
City  Street 
Railway  Com- 
pany, etc. 


1S91,  308,  §  4,  to 
apply. 


from  the  date  of  issue  thereof;  and  to  secure  payment 
thereof,  with  interest  thereon,  said  company  may  make  a 
mortgage  of  its  railway,  franchises  and  other  property, 
and  may  include  therein  property  thereafter  to  be  ac- 
quired, and  may  therein  reserve  to  its  directors  the  right 
to  sell  or  otherwise  in  due  course  of  business  to  dispose 
of  property  included  therein  which  may  become  worn, 
damaged  or  otherwise  unsuital)le  for  use  in  the  operation 
of  its  railway  and  the  transaction  of  its  business,  provided 
that  an  equivalent  in  value  is  substituted  therefor.  All 
bonds  issued  shall  tirst  be  approved  by  some  person  ap- 
pointed by  the  corporation  for  that  purpose,  atIio  shall 
certify  upon  each  bond  that  it  is  properly  issued  and 
recorded. 

Section  8.  No  stock  or  bonds  shall  be  issued  under 
this  act  until  the  terms  of  such  issue  have  been  submitted 
to  the  board  of  railroad  commissioners  and  approved  by 
them,  and  all  the  provisions  of  the  general  laws  relating 
to  the  issue  of  stocks  and  bonds  of  street  railway  com- 
panies have  been  complied  with. 

Section  9.  Said  Martha's  Vinej^ard  Street  Eailway 
Company  is  hereby  authorized,  Mdien  it  has  been  duly 
organized,  to  lease  or  purchase  the  railway,  franchise, 
property,  rights  and  easements  of  the  Cottage  City  Street 
Railway  Company ;  and  the  Cottage  City  Street  Railway 
Company  is  hereby  authorized  to  lease  or  sell  and  convey 
the  same  to  the  Martha's  Vineyard  Street  Railway  Com- 
pany, which  latter  company  shall,  upon  such  lease  or 
conveyance  and  in  accordance  with  the  terms  thereof, 
have  and  enjo}'  the  powers  and  privileges  and  be  subject 
to  the  duties,  liabilities  and  restrictions  of  the  said  Cot- 
tage City  Street  Railway  Comj^any :  j^^'^vided,  however^ 
that  no  such  lease  or  purchase  and  sale  shall  be  valid  or 
binding  until  the  terms  thereof  have  been  agreed  to  by  a 
majority  of  the  directors  of  each  of  said  companies  and  by 
a  majority  in  interest  of  their  respective  stockholders  at 
meetings  duly  called  for  the  purpose,  and  have  l>een  ap- 
proved by  the  board  of  railroad  commissioners  in  the 
manner  provided  by  law. 

Section  10.  The  provisions  of  section  four  of  chapter 
three  hundred  and  eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one  are,  so  far  as  they  are  applicable, 
made  part  hereof,  and  shall  apply  to  any  purchase  and  sale 
by  either  of  said  companies  hereunder. 


Acts,  1896.  —  Chaps.  432,  433.  385 

_  «,    „     ^    . 
Section  1 1 .     This  act  shall  take  effect  upon  its  passage,  Railway  to  be 

but  the  right  to  locate  and  operate  a  street  railway  in  any  wiuiin'^thrTe 

of  the  towns  herein  mentioned  shall  become  void  unless  y^""'«'"=- 

such  railway  is  in  operation  therein  within  three  years 

from  the  passage  of  this  act.        Approved  May  25,  1896. 

An  Act  to  extend  the  time  within  which  the  essex  county  QfiQ/n  432 

STREET    RAILWAY    COMPANY    MAY    CONSTRUCT    AND    OPERATE     ITS 
RAILWAY. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1 .  The  time  within  which  the  Essex  County  Time  extended. 
Street  Railway  Company  is  authorized  by  chapter  three 
hiyidred  and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  to  construct  and  operate  its 
railway  is  hereby  extended  to  the  first  day  of  January  in 
the  jear  eighteen  hundred  and  ninety-eight. 

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

Approved  May  25,  1896. 

An  Act  relative  to  the  board  of  water  commissioners  and  rijjrjj^  4QQ 

the   water   supply   of  the   city   of   HAVERHILL.  "^   * 

Be  it  enacted,  etc. ,  as  foUotos  : 

Section  1.     The  board  of  water  commissioners  of  the  water  commie- 
city  of  Haverhill  shall  render  to  the  city  council  of  said  erhiriTo*'report 
city,  annually,  a  report  of  its  doings,  including  a  state-  ""^"''"y- 
ment  of  its  receipts  and  expenditures. 

Section  2.     The  accounts  of  said  board  shall  be  audited  Acconnts  to 

be  audited. 

annually  by  the  city  auditor. 

Section  3.  Said  board,  by  unanimous  vote  of  all  the  May  seii  certain 
members  thereof,  with  the  approval  of  the  mayor,  shall 
have  full  power  and  authority  to  sell  any  real  estate  under 
the  charge  of  the  water  department  not  included  in  the 
watershed  of  the  lakes,  ponds,  streams  or  basins  from 
which  water  for  domestic  purposes  is  taken,  and  to  exe- 
cute and  deliver  on  behalf  of  the  city  such  deeds  or  other 
instruments  as  may  be  necessary  to  convey  a  full  and  com- 
plete title  to  land  so  sold,  to  the  purchaser  or  purchasers 
thereof. 

Section  4.      Said  board  of  water  commissioners,  by  May  seii  certain 
unanimous  vote  of  all  the  members  thereof,  acting  by  and  within VhT 
with  the  consent  of  the  mayor,  and  of  the  city  council  of  uie'^akelfetc. 
said  city,  shall  have  full  power  and  authority  to  sell  any 
lands  lying  within  the  watershed  of  the  lakes,  great  pond, 


386 


Acts,  1896.  — Chap.  433. 


1891,348,  §  5, 
amended. 


Water  com 
sionerB,  ap 


basins  or  reservoirs  from  which  the  city  is  supplied  with 
water  for  domestic  purposes ;  and  said  board  shall  have 
full  power  and  authority  to  execute  and  deliver  in  the 
name  of  said  city  all  deeds  and  other  instruments  which 
maybe  necessary  to  convey  a  full  and  complete  title  to  the 
premises  so  sold,  to  the  purchaser  or  purchasers  thereof.- 
Section  5.  Section  live  of  chapter  three  hundred  and 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  is  hereby  amended  by  striking  out  the  first 
five  lines  of  said  section,  and  inserting  in  place  thereof 
the  following  :  —  Section  5.  All  the  powers  and  duties 
granted  to  and  imposed  upon  the  city  of  Haverhill  by 
this  act,  including  the  control  and  management  of  the 
franchise,  rights  and  property  of  the  Haverhill  Aqueduct 
Company,  in  case  the  same  are  purchased  or  taken  by  the 
city  under  the  acts  aforesaid,  except  the  right  to  issue 
bonds,  notes  or  scrip  as  authorized  by  section  six  of  this 
act,  —  so  that  said  section  as  amended  shall  read  as  fol- 
lows :  —  Section  5.     All  the  powers  and  duties  grapted 

ert  anTdutre^e'^"  ^^  ^"^^  imposcd  upou  the  city  of  Haverhill  by  this  act, 
including  the  control  and  management  of  the  franchise, 
rights  and  property  of  the  Haverhill  Aqueduct  Company, 
in  case  the  same  are  purchased  or  taken  by  the  city  under 
the  acts  aforesaid,  except  the  right  to  issue  bonds,  notes 
or  scrip  as  authorized  by  section  six  of  this  act,  shall  be 
exercised  by  a  board  of  water  commissioners,  consisting 
of  five  residents  of  the  city  to  be  appointed  by  the  mayor 

Terms  of  office,  with  the  spproval  of  the  city  council.  Said  commis- 
sioners shall  be  appointed  and  hold  their  office  for  the 
terms  of  one,  two,  three,  four  and  five  years,  respec- 
tively, from  the  first  Monday  of  May  next  following  their 
appointment ;  and  thereafter  one  commissioner  shall  be 
appointed  each  year  for  the  term  of  five  years  from  the 
first  Monday  of  May.  All  such  commissioners,  except  in 
case  of  removal,  shall  hold  office  until  their  successors  are 
appointed  in  their  stead.  Vacancies  occurring  during  the 
term  may  be  filled  for  the  remainder  of  the  term.  No 
person  shall  be  appointed  commissioner  who  holds  at  the 
time  any  city  office  by  popular  election.  Any  commis- 
sioner, after  due  notice  and  hearing,  may  be  removed  at 
any  time  by  a  two  thirds  vote  of  each  branch  of  the  city 
council,  for  any  cause  which  shall  be  deemed  sufficient 
and  shall  be  expressed  in  the  vote  of  removal.  The  com- 
missioners shall  receive  no  compensation  for  their  services 


Vacancies, 
removals,  com- 
peDsation,  etc. 


Acts,  1896.  — Chap.  433.  387 

unless  the  city  council  by  a  two  thirds  vote  of  each  branch 
thereof  otherwise  determine,  and  in  such  case  the  amount 
of  compensation  may  be  fixed  by  a  like  two  thirds  vote. 

Section  6.     Section   seven   of  chapter  three   hundred  ^f^^l^jl^^' §  ^> 
and  forty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one  is  hereby  amended  by  striking  out  all  of 
said  section,  and  inserting  in  place  thereof  the  following  : 
—  Section  7.     The  board  of  water  commissioners  of  the  water  commis- 
city  of  Haverhill  shall  fix  the  prices  or  rents  for  the  use  ra'terfor^'useof 
of  water   supplied   annually;  and    the    income    received  ^^'*"^'"' ''"^• 
therefrom,  after  deducting  all  expenses  and  charges   of 
distribution,  shall  be  applied,  — first,  to  the  payment  of 
the  interest  on  the  bonds  issued  on  account  of  said  water 
supply  ;  second,  to  the  payment  of  sinking  funds  rc(|uire- 
ments  for  loans,  in   accordance  with  the   provisions   of 
chapter  twenty-nine  of  the  Public  Statutes  ;  third,  to  the 
payment  of  all  current  expenses  of  said  board   of  water 
commissioners;  fourth,  the   balance,  if  any,  may  be  ap- 
plied to  the  sinking  funds  for  said  loans,  in  the  discretion 
of  the  board  of  water  commissioners.     The  said  board  of 
water  commissioners  may  expend  from  the  annual  receipts 
for  the  purpose  of  new  construction  a  sum  not  exceeding 
twenty  thousand  dollars  in  any  one  year.     The  commis-  Trustees  of 
sioners  of  sinking  funds  of  the  city  of  Haverhill  shall  «i°^''>g  f^^"^'' 
be  trustees  of  a  sinking  fund  which  shall  be  set  apart  for 
the  payment  and  redemption  of  said  water  loan,  and  which 
shall  remain  inviolate  and  pledged  to  the  payment  of  said 
loan  and  shall  be  used  for  no  other  purpose.     If,  after  the 
payment  of  the  interest  on  the  bonds  issued  and  the  cur- 
rent expenses,  the   said  surplus  does  not  equal  two   per 
cent,  of  the  total  amount  of  the   bonds,  notes  and  scrip 
issued  under  this  act,  the  city  shall  raise  by  general  taxa- 
tion a  sum  which  with  the  surplus  shall   equal  said  two 
per  cent.,  and  shall  contribute  said  sum  to  the   sinking 
fund.     The  commissioners  shall  annually,  and  as  often  as  commissioners 
the   city  council  may  require,  render  an  account  of  all  m,araccou"t, 
their  doings  in  relation  to  the  sinking  fund,  and  shall  he  ''"^• 
governed  by  the  provisions  of  section  eleven  of  chapter 
twenty-nine    of    the   Public    Statutes,    except    as    herein 
otherwise  provided. 

Section  7 .     Section  one  of  chapter  four  hundred  and  ^f,je|,dld  ^  ^ 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  two  is  hereby  amended  by  striking  out  the  word 
"  five",  in  the  second  line,  and  inserting  in  place  thereof 


388 


Acts,  1896.  — Chap.  434. 


city  of  Haver- 
hill  may  take 
certain  lands, 
waters,  etc. 


Title  of  land  to 
vest  in  city,  etc. 


Certain  powers 
and  duties  to  be 
exercised  by 
water  commis- 
sioners. 


the  word  :  —  six,  — and  by  adding  at  the  end  of  said  sec- 
tion the  following :  —  All  the  powers  and  duties  granted 
to  and  im}X)sed  upon  the  city  of  Haverhill  by  this  act  shall 
be  exercised  by  the  board  of  water  commissioners  of  said 
city,  —  so  that  said  section  as  amended  shall  read  as  fol- 
lows : —  8ection  1.  The  city  of  Haverhill  is  hereby 
authorized  to  take  within  six  years  from  the  passage  of 
this  act  and  hold,  by  purchase  or  otherwise,  any  lands, 
waters,  water  rights  or  easements  not  already  owned  or 
taken  by  said  city,  upon  or  within  the  watersheds  of 
Round  pond.  Plug  pond,  Kenoza  lake  and  Crystal  lake, 
great  ponds  within  said  city  of  Haverhill,  or  either  of 
them,  which  shall  be  deemed  necessary  for  the  protection 
and  preservation  of  said  watersheds,  or  either  of  them,  or 
for  preserving,  increasing  or  protecting  the  purity  of  the 
waters  of  said  great  ponds,  or  either  of  them.  The  title 
to  all  land  taken  or  purchased  under  the  provisions  of  this 
act  shall  vest  in  said  city,  and  the  land  taken  may  be  man- 
aged, improved  and  controlled  by  the  board  of  water  com- 
missioners, in  such  manner  as  they  shall  deem  for  the  best 
interests  of  said  city.  All  the  powers  and  duties  grunted 
to  and  imposed  upon  the  city  of  Haverhill  by  this  act  shall 
be  exercised  by  the  board  of  water  commissioners  of  said 
city.  Approved  May  25^  1896. 


ChapA34:  -^^  -^^X  making  appropriations  FOR  THE  TAUNTON  LUNATIC  HOS- 
PITAL, THE  WESTBOROUGH  INSANE  HOSPITAL,  AND  FOR  CERTAIN 
OTHER   EXPENSES   AUTHORIZED   BY   LAW. 

Be  it  enacted,  etc.,  as  foUmvs : 
Appropriations.  Section  1.  The  suuis  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue,  for  the  purposes  specified 
in  certain  acts  and  resolves  of  the  present  year,  and  for 
certain  other  expenses  authorized  by  law,  to  wit :  — 

For  extra  clerical  assistance  in  the  office  of  the  treasurer 
and  receiver  general  of  the  Commonwealth,  as  authorized 
by  chapter  three  hundred  and  twenty-six  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  twenty-five  hundred 
dollars,  the  same  to  be  in  addition  to  any  amounts  hereto- 
fore appropriated  for  the  same  purpose. 

For  the  Massachusetts  Institute  of  Technology,  for  the 
maintenance  of  forty  free  scholarships,  as  provided  for  by 
chapter  three  hundred  and  ten  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  four  thousand  dollars,  the  same 


Extra  clerical 
assistance  to 
treasurer  and 
receiver  general. 


Massachusetts 
Institute  of 
Technology. 


Acts,  1896.  — Chap.  434.  389 

to  be  in  addition  to  any  amount  heretofore  appropriated 
during  the  present  year  for  the  same  purpose. 

For  the  salary  of  the  examiner  for  the  insurance  depart-  Examiner  for 
ment,  as  authorized  by  chapter  three  hundred  and  thirty-  department, 
five  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
thirteen  hundred  and  fifty  dollars. 

For  printing  extra  copies  of  the   report  of  the  Massa-  Report  of 

,  ,,1-1  ••  j_i'ii  ij_         Massachusetts 

chusetts  highway  commission,  as  authorized    by  chapter  highway  com- 
thirty-three  of  the  resolves  of  the  present  year,  the  sum  ""^*'""' 
of  two  hundred  ninety-eight  dollars  and  eighty-one  cents, 
the  same  to  be  in  addition  to  any  amount  heretofore  appro- 
priated for  the  same  purpose. 

For  the  salary  of  the  lieutenant  governor  of  the  Common-  salary  of 
wealth,  as  provided  for  by  chapter  three  hundred  and  forty-  governor.' 
seven  of  the  acts  of  the  present  }'ear,  the  sum  of  four  thou- 
sand thirty-three  dollars  and  thirty-four  cents,  the  same 
to  1)0  in  addition  to  any  amount  heretofore  appropriated. 

For  continuing  the  investigation  relating  to  a  general  ^'^e?age  for'^ 
system  of  drainage  and  sewerage  for  the  city  of  Salem  and  t;'''.''™  .'*"'* 
the  town  of  Peabody,  as  authorized  by  chapter  sixty-nine 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars. 

For  printing  one  thousand  additional  copies  of  the  re-  Report  of 
port  of  the  board  of  library  commissioners,  as  authorized  musTo^ners™' 
l)y  chapter  seventy  of  the  resolves  of  the  present  year, 
the  sum  of  one  hundred  and  twelve  dollars. 

For    certain    repairs    and   improvements    at   the    state  Lunatic  hospital 
lunatic   hospital  at    Taunton,   as    authorized   by  chapter  "'  ^""°'o"- 
seventy-two  of  the  resolves  of  the  present  year,   a  sum 
not  exceeding  twenty  thousand  eight  hundred  and  seventy- 
nine  dollars. 

For  certain  improvements  at  the  state  industrial  school  J",'^"^,* j^,!  j^ig 
for  girls,  as  authorized  by  chapter  seventy-three  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
nine  hundred  and  sixty  dollars. 

For  additional  shop  room  at  the  state  prison,  as  author-  state  prison. 
ized  by  chapter  seventy-five  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  two  thousand  dollars. 

For  certain    repairs    and   improvements    at   the  West-  ,^/ane  imsplwi. 
borough  insane  hospital,  as  authorized  by  chapter  seventy- 
six  of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
twenty-six  thousand  four  hundred  and  fifty  dollars. 

For  services  and  other  work  connected  with  the  conser-  conservation  of 
vation  of  the  Connecticut  river,  as  authorized  by  chapter  nven  """"* 


390 


Acts,  1896.  — Chap.  434. 


Statutes  relating 
to  elections. 


MassachueettB 
8«bool  for 
Feeble-minded. 


Sewer  assesB- 
ments  on 
property  of 
Commonwealth 
in  Worcester. 


Index  to 
archives. 


Gift  for 

battleship 

Massachusetts. 


Manufacturers' 
Agricultural 
Society  in  North 
Attleborough. 


Consolidation  of 
Public  Statutes. 


Report  of 
metropolitan 
district  com- 


Norraal  school 
at  Framingham. 


seventy-seven  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  one  thousand  dollars. 

For  the  codification  of  the  statutes  relating  to  elections, 
as  authorized  by  chapter  seventy-eight  of  the  resolves 
of  the  present  year,  a  sum  not  exceeding  five  hundred 
dollars. 

For  the  erection  of  two  buildings  at  the  Massachusetts 
School  for  the  Feeble-minded,  as  authorized  by  chapter 
eighty-one  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  sixty  thousand  dollars. 

For  the  payment  of  sewer  assessments  on  the  property 
of  the  Commonwealth  in  the  city  of  Worcester,  as  author- 
ized by  chapter  eighty-two  of  the  resolves  of  the  present 
year,  the  sum  of  five  hundred  one  dollars  and  five  cents. 

For  the  preparation  of  an  index  to  the  Massachusetts 
archives,  as  authorized  by  chapter  eighty-three  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  twelve 
hundred  dollars. 

For  a  suitable  and  proper  gift  to  be  placed  in  the  battle- 
ship Massachusetts,  as  authorized  by  chapter  eight^^-four 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
two  thousand  dollars. 

For  the  Manufacturers'  Agricultural  Societ}^  in  the  town 
of  North  Attleborough,  as  authorized  by  chapter  eighty- 
five  of  the  resolves  of  the  present  year,  the  sum  of  six 
hundred  dollars. 

For  a  consolidation  and  arrangement  of  the  Public 
Statutes  of  the  Commonwealth,  as  authorized  by  chapter 
eighty-seven  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  fifteen  thousand  dollars. 

For  printing  additional  copies  of  the  report  of  the 
metropolitan  district  commission,  a  sum  not  exceeding 
one  hundred  and  foiiy-four  dollars,  and  for  the  payment 
for  sixteen  hundred  copies  of  the  report  of  said  commis- 
sion already  printed  in  excess  of  the  number  authorized 
by  law,  a  sum  not  exceeding  three  hundred  dollars,  all  of 
which  is  authorized  by  chapter  eighty-eight  of  the  resolves 
of  the  present  year. 

For  certain  repairs  and  improvements  at  the  state  farm, 
as  authorized  by  chapter  eighty-nine  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  thirty-four  thou- 
sand two  hundred  dollars. 

For  improvements  at  the  state  normal  school  at  Fram- 
as  authorized  by  chapter  ninety  of  the  resolves 


ingham 


Acts,  1896.  — Chap.  435."  391 

of  the  present  year,  a  sum  not  exceeding  thirty-one  thou- 
sand dollars. 

For  grading  the  grounds  and  furnishing  and  fitting  the  New  normal 
new  normal  school  buildings,  as  authorized  by  chapter  fugs °' ^"''''' 
ninety-one  of  the  resolves  of  the  present  year,  the  follow- 
ing sums,  to  wit :  For  the  new  normal  school  at  Hyannis, 
a  sum  not  exceeding  twenty-five  thousand  dollars  ;  for  the 
new  normal  school  at  Fitchburg,  a  sum  not  exceeding 
thirty-five  thousand  dollars ;  for  the  new  normal  school 
at  Lowell,  a  sum  not  exceeding  fifty  thousand  dollars ; 
for  the  new  normal  school  at  North  Adams,  a  sum  not 
exceeding  twenty-five  thousand  dollars ;  for  the  new 
normal  school  building  at  Salem,  a  sum  not  exceeding 
forty-three  thousand  dollars. 

For  improvements  and  repairs  at  the  state  almshouse,  state  aima- 
as  authorized  by  chapter  ninety-two  of  the  resolves  of  the  ''°"^®- 
present  year,  a  sum  not  exceeding  fifty-six  thousand  four 
hundred  dollars. 

For  maintaining  industries  at  the  state  prison  and  re-  industries  at 
formatories,  as  authorized  by  chapter  ninetj'-three  of  the  reformatory's? 
resolves  of  the  present  year,  a  sum  not  exceeding  one 
hundred  thousand  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  same  purpose. 

For  repairs  at  the  reformatory  prison  for  women,  as  Reformatory 
authorized  by  chapter  ninety-four  of  the  resolves  of  the  women.""^ 
present  year,  a  sum  not  exceeding  twenty-eight  hundred 
dollars. 

For  the  protection  of  the  town  of  Agawam  against  the  Protection 
further  encroachments  of  the  Connecticut  river,  as  author-  againsren" 
ized  by  chapter  ninety-five  of  the  resolves  of  the  present  of  conne'cucut 


nver. 


ChapA?>5 


year,  a  sum  not  exceeding  fifteen  hundred  dollars. 

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

Apx)roved  May  25,  1896. 

An  Act  relative  to  the  holding  of  caucuses  in  the  citv 

of  koston. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section    1.     In  the   city  of  Boston    no   caucus    of  acaiiingof 
political  party  for  the  choice  of  candidates  to  be  voted  convemfons 
for  at  a  municipal  election  in  said  city  and  for  the  choice  '°  ^°^*°°- 
of  delegates  to  a  convention  to  nominate  candidates  to  be 
voted  for  at  such  municipal  election,  except  such  caucuses 
as  relate  to  special  elections,   shall  be  called  for  a  date 


392 


Acts,  1896.  — Chap.  435. 


Nomination 
papers  to  be 
sealed  and  filed 
ten  days  before 
caucus. 


Correction  of 
errors,  etc. 


Recount  of 
ballots,  etc. 


earlier  than  seven  days  after  the  regular  state  election ; 
nor  shall  any  convention  to  nominate  candidates  to  be 
voted  for  at  any  municipal  election  in  said  city  be  called 
for  a  date  earlier  than  four  days  after  the  holding  of  the 
caucus  for  the  choice  of  delegates  to  such  convention. 

Section  2.  In  the  city  of  Boston  all  nomination  papers 
of  candidates  for  elective  offices,  for  delegates  to  a  con- 
vention, for  caucus  officers,  and  for  a  ward  committee  to 
be  voted  for  at  a  caucus,  shall  be  sealed  up  and  filed  in 
the  office  of  the  secretary  of  the  respective  city  committees 
not  less  than  ten  week  days  previous  to  the  day  on  which 
the  caucus  is  to  be  held  for  which  the  nominations  are 
made. 

Section  3.  In  case  any  eiTor  or  informality  shall  be 
found  in  any  nomination  paper  filed  with  the  board  of 
election  commissioners,  in  accordance  with  the  provisions 
of  section  fifteen  of  chapter  five  hundred  and  seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-five,  t-he 
same  shall  be  forthwith  returned  to  the  secretary  of  the 
committee  by  whom  the  same  was  filed,  for  the  purpose 
of  correcting  such  error  or  informality ;  and  if  the  said 
paper  is  not  corrected  and  again  filed,  as  therein  provided, 
before  five  o'clock  in  the  afternoon  of  the  day  following 
its  return  to  said  secretary,  the  same  shall  be  regarded 
and  treated  as  of  no  efi'ect  or  validity. 

Section  4.  If  before  five  o'clock  in  the  afternoon  of 
the  second  day  next  succeeding  the  day  of  any  caucus 
held  in  said  city  under  the  provisions  of  the  acts  relating 
to  the  holding  of  caucuses  in  said  city,  ten  or  more  qual- 
ified voters  of  any  ward  in  said  city  shall  sign,  adding 
thereto  their  respective  residences  on  the  first  day  of  May 
of  that  year,  swear  to  and  file  with  the  board  of  election 
commissioners,  a  statement  that  they  have  reason  to  be- 
lieve that  the  records  and  returns  made  by  the  caucus 
officers  of  such  w^ard  are  erroneous,  and  shall  specify 
wherein  they  deem  they  are  in  error,  said  board  of  elec- 
tion commissioners  shall  as  soon  as  may  be  after  the  filing 
of  such  statement  open  the  package  or  packages  contain- 
ing the  ballots  cast  and  voting  lists  used  at  such  caucus, 
and  recount  said  ballots  and  determine  the  questions  raised ; 
and  such  recount  shall  stand  as  the  true  result  of  the  vote 
cast  in  such  caucus.  And  each  candidate  interested  may 
appear  and  be  present  during  such  recount,  either  in  per- 
son or  by  an  agent  appointed  by  him  in  writing. 


Acts,  1896.  — Chap.  436.  393 

Section   5.     The    presidiu";    officer   and    secretary    of  Presiding  officer 

•   !•       ji  -1  i'lT       i  111  •!•       ^°"  secretary  to 

every  caucus  held  within  the  city  or  Boston  shall,  within  notify  persons 
three  week  days  after  the  date  of  such  caucus,  deliver, 
send  or  cause  to  be  sent  to  each  delegate  to  a  political 
convention,  and  to  each  member  of  a  political  committee, 
a  certificate  of  his  election,  and  to  each  candidate  for  an 
elective  office  a  notice  of  bis  nomination.  And  any  such  Penalty. 
presiding  officer  or  secretary  who  wilfully  neglects  or 
refuses  to  comply  with  the  above  requirements  shall  be 
punished  by  a  fine  not  exceeding  fifty  dollars  for  each 
otfence. 

Section  6.  Every  caucus  officer  in  the  city  of  Boston,  caucus  officers 
elected  under  the  provisions  of  section  twenty-six  of  chap-  ''''^«'«^°''°>e^c. 
ter  five  hundred  and  seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  shall  before  entering  upon  the 
discharc:e  of  his  duties  be  sworn  to  the  faithful  discharge 
thereof,  and  such  oath  may  be  administered  by  the  war- 
den, clerk,  or  a  justice  of  the  peace,  and  a  record  of  such 
fact  shall  be  made  upon  the  record  l)ook  of  such  caucus 
and  shall  be  certified  to  by  the  clerk. 

Section  7.     The  board  of  election  commissioners,  after  Election  com- 
a  voting   list   has   been  used  at  a  caucus   of  a  political  fllr^S  cenmed 
party,  upon  written  application  for  a  copy  of  the  list  as  jisia  M°cVecked. 
checked,  signed  by  not  less  than  ten  legal  voters  in  said 
ward,  may  unseal  and  open  the  envelope  containing  such 
voting  list  and  shall  furnish  to  such  applicants  a  certified 
copy  of  the  list  as  checked. 

Section  8.     All  acts  or  parts  of  acts  inconsistent  here-  Repeal. 
with,  so  far  as  they  interfere  with  the  provisions  herein 
contained,  are  hereby  repealed. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  25,  1896. 

An  Act  relative  to  the  compensation  for  damages  occasioned  nhnq^  4Q(^ 

BY  the  construction  OF  THE  METROPOLITAN  AVATER  SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .  Section  sixteen  of  chapter  four  hundred  l^^'^f^^  ^  ^*'' 
and  eighty-eight  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five  is  hereby  amended  by  striking  out  in  the 
eleventh  line,  the  word  "two",  and  inserting  in  place 
thereof  the  word  :  — three,  —  so  as  to  read  as  follows  :  — 
jSectioji  16.  The  treasurer  of  the  Commonwealth  shall,  tobL^iimwed 
from  the  proceeds  of  the  bonds  hereinafter  provided  for,  f"br"id°to"'"^ 


394  Acts,  1896.  — Chaps.  437,  438. 

towns  of  Boyi-    reimburse  the  city  of  Boston  for  all  moneys  paid  or  that 

Bton  and  West  -,  n,  ■,     ^         •ii  •t-j./>i         ii 

BoyiBton.  may  hereafter  be  paid  by  said  city  tor  land  damages,  or 

otherwise,  in  connection  with  the  location,  building  or 
maintenance  of  reservoirs  or  basins  not  yet  built,  or  for 
lands  taken  for  the  preservation  or  protection  of  the 
purity  of  the  waters  of  any  reservoirs,  or  basins  or  of  the 
tributaries  thereof,  and  shall  pay  as  part  of  the  expenses 
of  said  metropolitan  water  works  to  the  town  of  Boylston 
the  sum  of  three  thousand  dollars  a  year  and  to  the  town 
of  West  Boylston  the  sum  of  twelve  thousand  dollars  a 
year  for  the  year  of  and  each  year  succeeding  said  taking 
of  the  waters  of  said  Nashua  river,  so  long  as  each  of 
said  towns  remains  a  municipality,  and  shall  pay  no  tax 
or  other  payment  to  either  of  said  towns  on  account  of 
any  property  held  by  said  water  board  for  the  purposes 
of  a  water  supply. 

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

Approved  May  27,  1896. 

ChctpA37   -^^     ^CT     TO     AUTHORIZE     THE     NORTHAMPTON      STREET     RAILWAY 
COMPANY   TO   ACT   AS   A   COMMON   CARRIER   OF   PARCELS. 

Be  it  enacted,  etc.,  as  follows: 

^mmon  can-ier  Thc  Northampton  Street  Railway  Company  may  act  as 
of  small  parcels,  g^  comiiion  Carrier  of  small  parcels:  provided,  that  said 
company  shall  not  so  act  in  the  city  of  Northamjiton,  or 
in  any  town  until  authorized  to  do  so  by  a  two  thirds  vote 
of  the  voters  of  said  city  or  town  present  and  voting 
thereon  at  an  annual  or  special  election  held  for  that  pur- 
pose ;  and  provided,  further,  that  said  company  shall  in 
the  carrying  of  parcels  be  subject  to  such  ordinances  or 
by-laws  as  said  city  or  town  may  make  in  relation  thereto. 

Approved  May  27,  1896. 

OhapAo^         ^^  ^'^'^  TO   REVISE   THE   CHARTER   OF  THE   CITY   OF   HOLYOKE. 

Be  it  enacted,  etc.,  as  follows : 

TITLE    1. MUNICIPAL    GOVERNMENT. 

uofyoke.  Section  1.     The  inhabitants  of  the  city  of  Holyoke 

shall  continue  to  be  a  body  politic  and  corporate,  under 
the  name  of  the  City  of  Holyoke,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obli- 
gations, now  incumbent  upon  and  appertaining  to  said 
city  as  a  municipal  corporation. 


Acts,  1896.  — Chap.  438.  395 

Section  2.  The  administration  of  all  the  fisca-l,  pru-  AcimmisuaUon 
dential  and  municipal  affairs  of  said  city,  with  the  govern-  affaiw^'etc." 
nient  thereof,  shall ,  except  the  affairs  of  the  public  schools 
of  said  city,  be  vested  in  an  executive  department,  which 
shall  consist  of  one  officer,  to  be  called  the  mayor,  and  in 
a  legislative  department,  which  shall  consist  of  a  single 
body,  to  be  called  the  board  of  aldermen,  the  members 
w^hereof  shall  be  called  aldermen.  The  executive  depart- 
ment shall  never  exercise  any  legislative  power,  and  the 
legislative  department  shall  never  exercise  any  executive 
power,  except  as  herein  otherwise  provided. 

Section  3.  The  territory  of  said  city  shall  continue  to  seven  wards. 
be  divided  into  seven  wards,  which  shall  retain  their  pres- 
ent boundaries  until  the  same  shall  be  changed  under  the 
general  law  relating  thereto.  The  number  of  wards  may, 
in  any  year  fixed  by  law  f6r  a  new  division  of  wards  in 
cities,  be  changed  by  vote  of  the  board  of  aldermen,  with 
the  approval  of  the  mayor,  at  or  prior  to  making  such 
division  ;  but  the  number  of  wards  shall  never  be  less  than 
seven. 

TITLE    2. ELECTIONS    AND    MEETINGS. 

Section  4.     All  meetings  of  the  qualified  voters  of  said  Meetingaof 

O  .  1         ,  ^  qualined 

City  for  the  purpose  of  voting  at  elections  and  for  other  voters. 
municipal  or  legal  purposes  shall  be  called  by  order  of  the 
board  of  aldermen,  and,  so  far  as  applicable,  in  the  man- 
ner provided  for  calling  elections  in  cities  by  chapter  four 
hundred  and  seventeen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  acts  in  amendment  thereof 
and  in  addition  thereto. 

Section  5.      The  municipal  election    shall  take  place  Municipal 
annually  on   the  second  Tuesday  of  December,  and  the  municipai'year. 
municipal  year  shall  begin  at  ten  o'clock  in  the  morning 
on  the  first  Monday  of  January  next  following,  and  con- 
tinue until  ten  o'clock  in  the  morning  on  the  first  Monday 
of  January  next  following. 

Section  6.  At  such  municipal  election  the  qualified  [^^be^yiectedT 
voters  shall  give  in  their  votes  by  ballot  for  mayor,  city  baiiot. 
clerk,  city  treasurer,  members  of  the  board  of  aldermen 
and  of  the  school  committee,  or  of  such  of  them  as  are  to 
be  elected,  and  the  person  receiving  the  highest  number  of 
votes  for  any  office  shall  be  deemed  and  declared  to  be 
elected  to  such  office,  and  whenever  two  or  more  persons 
are  to  be  elected  to  the  same  office  the  several  persons,  up 
to  the  number  required  to  be  chosen,  receiving  the  highest 


396 


Acts,.  1896.  — Chap.  438. 


Vacancy,  etc. 


Meetings  for 
election  of 
national,  state, 
etc.,  officers. 


General  meet- 
ings of  qualified 
voters. 


number  of  votes  shall  be  deemed  and  declared  to  be 
elected.  If  it  shall  appear  that  there  is  no  choice  of  a 
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  more  than  three  months 
previous  to  the  expiration  of  the  municipal  year,  the 
board  of  aldermen  shall  forthwith  call  meetings  for  a  new 
election,  and  the  same  proceedings  shall  be  had  in  all  re- 
spects as  hereinbefore  provided  for  the  election  of  a  mayor, 
and  shall  be  repeated  until  the  election  of  a  mayor  is  com- 
pleted. If  the  full  number  of  members  of  the  board  of 
aldermen  has  not  been  elected,  or  if  a  vacancy  in  the  office 
of  alderman  shall  occur  more  than  six  months  previous  to 
the  expiration  of  the  municipal  year,  the  board  of  aldermen 
may  forthwith  elect  some  person  or  persons  to  lill  the 
vacancy  or  vacancies  until  the  next  municipal  election.  In 
case  a  vacancy  in  the  office  of  mayor  shall  occur  within 
the  three  months  previous  to  the  expiration  of  the  munic- 
ipal year  the  board  of  aldermen  may  in  its  discretion  call 
meetings  for  the  holding  of  a  new  election  as  aforesaid  to 
fill  the  vacancy.  In  case  of  a  vacancy  in  the  office  of  city 
clerk  or  city  treasurer  the  l)oard  of  aldermen  shall  elect  a 
city  clerk  or  city  treasurer  to  fill  such  vacancy  until  the 
next  municipal  year ;  and  in  case  of  any  disability  in  the 
city  clerk  or  in  the  city  treasurer  to  perform  the  duties  re- 
quired by  this  act  or  by  law  the  board  of  aldermen  shall 
elect  a  city  clerk  or  city  treasurer  pro  tempore.  In  each 
of  such  cases  the  city  clerk  or  city  treasurer  shall  be  sworn 
and  shall  perform  such  duties. 

Section  7.  All  meetings  for  the  election  of  national, 
state,  county  and  district  officers  shall  be  called  by  order 
of  the  board  of  aldermen,  in  the  same  manner  as  meetings 
for  municipal  elections  are  called. 

Section  8.  General  meetings  of  the  citizens  qualified 
to  vote  may  from  time  to  time  be  held,  according  to  the 
right  secured  by  the  constitution  of  the  Commonwealth, 
and  all  such  meetings  may,  and  upon  the  request  in  writing 
of  fifty  qualified  voters,  setting  forth  the  purposes  thereof, 
shall  be  duly  called  by  the  board  of  aldermen. 


TITLE    3. LEGISLATIVE    DEPARTMENT. 

mTJXflth!"'        Section  9.     The  board  of  aldermen  shall  be  composed 

terms  of  office,    of  foui'tcen  mcml^crs  at  larg'e  and  one  member  from  each 

ward  of  the  city,  who  shall  be  elected  as  follows: — At 


Acts,  1896.  — Chap.  438.  397 

the  first  municipal  election  held  under  this  act  said  fourteen  Board  of  aider- 
memljers  at  large  of  the  board  of  aldermen  shall  be  elected  term'/oroffice, 
by  the  qualified  voters  of  the  entire  city,  seven  to  serve  ^'"' 
for  the  term  of  two  years  and  seven  to  serve  for  the  term 
of  one  year  beginning  with  the  first  Monday  in  January 
then  next  ensuing,  and  thereafter  seven  members  at  large 
of  said  board  of  aldermen  shall  be  elected  in  like  manner 
at  each  annual  municipal  election,  to  serve  for  the  term 
of  two  years  beginning  with  the  first  Monday  in  January 
next  ensuing.  At  said  first  municipal  election  one  mem- 
ber of  the  board  of  aldermen  from  each  ward  shall  be 
elected  by  and  from  the  voters  of  each  ward,  to  serve  for 
the  term  of  one  year  beginning  with  the  first  Monday  in 
January  next  ensuing,  and  thereafter  one  member  of  the 
board  of  aldermen  from  each  ward  shall  be  elected  by  and 
from  the  voters  of  each  ward  at  each  annual  municipal 
election,  to  serve  for  the  term  of  one  year  beginning  with 
the  first  Monday  in  January  next  ensuing.  At  said  first 
municipal  election  no  voter  shall  vote  for  more  than  five 
of  the  candidates  for  members  at  large  of  the  board  of 
aldermen  to  be  elected  for  each  term,  that  is  to  say,  not 
more  than  ten  of  said  candidates  for  members  at  larffc 
in  the  aggregate  on  one  ballot,  and  the  seven  candidates 
for  members  at  large  of  said  board  having  the  highest 
number  of  votes  for  each  term  shall  be  declared  elected. 
At  all  municipal  elections  subsequent  to  the  said  first 
nmnicipal  election  no  voter  shall  vote  for  more  than  five 
of  the  candidates  for  members  at  large  of  the  board  of 
aldermen  to  be  elected  at  an  annual  municipal  election  on 
one  ballot,  and  the  seven  candidates  for  members  at  large 
of  the  board  having  the  highest  number  of  votes  shall  be 
declared  elected.  The  members  at  large  of  the  board  of 
aldermen  shall  hold  office  for  two  years,  except  as  herein 
otherwise  provided,  and  the  members  of  the  board  of 
aldermen  from  the  wards  shall  hold  office  for  one  year 
beginning  with  the  first  Monday  in  January  next  succeed- 
ing their  election  and  until  their  successors  shall  be  elected 
and  qualified.  In  case  it  should  become  necessary  to  fill 
at  an  election  a  vacancy  or  vacancies  in  the  board  of  alder- 
men a  voter  may  vote  for  the  alderman  necessary  to  fill 
such  vacancy  or  vacancies,  in  addition  to  the  number  to 
be  voted  for  as  above-provided. 

Section  10.     The  mayor  elect  and  the  aldermen  elect  oath  of  office 
shall,  on  the  first  Monday  in  January,  at  ten  o'clock  in  the  mcui 


of  mayor  and 
rmen. 


398 


Acts,  1896.  — Chap.  438. 


Oatb.of  office 
of  mayor  and 
aldermen. 


Oreanization 
of  board  of 
alderinuD,  etc. 


Special  meet- 
ings of  board 
of  aldermen. 


forenoon,  meet  and  be  sworn  to  the  faithful  discharge  of 
their  duties.  The  oath  shall  be  administered  by  the  city 
clerk,  or  in  his  absence  by  any  justice  of  the  peace,  and 
a  certificate  that  such  oath  has  been  taken  shall  be  entered 
in  the  journal  of  the  board  of  aldermen.  In  case  of  the 
absence  of  the  mayor  elect  on  the  first  Monday  in  January, 
or  if  a  mayor  shall  not  then  have  been  elected,  the  oath  of 
ofiice  may  at  any  time  thereafter  be  administered  to  him, 
and  at  any  time  thereafter  in  like  manner  the  oath  of  ofiice 
may  be  administered  to  any  member  of  the  board  of  alder- 
men who  has  been  previously  absent  or  who  has  been  sub- 
sequently elected,  and  a  certificate  of  every  such  oath  shall 
be  entered  in  the  journal  aforesaid. 

Section  11.  After  the  oath  has  been  administered  to 
the  aldermen  present  they  shall  be  called  to  order  by  the 
city  clerk,  or  in  case  of  the  absence  of  the  city  clerk  by  the 
oldest  senior  member  present.  The  board  of  aldermen 
shall  then  proceed  to  elect  by  ballot  one  of  their  own  num- 
ber president  of  the  board.  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  per- 
son receives  the  votes  of  a  majority  of  all  the  members  of 
the  board  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  the  plurality  of  those 
voting  shall  be  suflScient  for  an  election.  No  other  busi- 
ness shall  be  in  order  until  a  president  is  chosen.  The 
president  shall  be  sworn  by  the  city  clerk,  or  in  case  of 
the  absence  of  such  clerk  by  any  justice  of  the  peace. 
The  president  may  be  removed  from  the  presidency  of  the 
board  of  aldermen  by  the  afiirmative  vote  of  two  thirds 
of  all  the  members  thereof,  taken  by  roll  call.  The  presi- 
dent of  the  board  shall  have  the  same  right  to  vote  as  any 
other  member  thereof. 

Section  12.  The  mayor  may  at  any  time  call  a  special 
meeting  of  the  board  of  aldermen  by  causing  written  noti- 
fications thereof,  together  with  a  statement  of  the  subjects 
to  be  considered  thereat,  to  be  deposited  in  the  post  office, 
postpaid  and  addressed  to  the  persons  to  be  notified,  or 
left  at  the  usual  place  of  residence  of  each  member  of  the 


Acts,  1896.  — Chap.  438.  399 

board,  at  least  twenty-four  hours  before  the  time  appointed 
for  such  meeting. 

Section  13.     The  board  of  aldermen  shall  determine  to  determine 
the  rules  of  its  own  proceedings  and  shall  be  judge  of  the  proTeedin^s, 
election  and  qualifications  of  its  own  members.     In  case  erectk.ronts 
of  the  absence  of  the  president  the  board  shall  choose  a  members,  etc. 
president  pro  tempore,  and  a  plurality  of  the  votes  cast 
shall  be  sufficient  for  a  choice.     The  board  shall  sit  with 
open  doors,  whether  in  session  as  a  board  of  aldermen  or 
as  a  committee  of  the  whole,  and  shall  cause  a  journal  of 
its  proceedings  to  be  kept,  which  journal  shall  be  open  to 
public  inspection.     The  vote  of  the  board  upon  any  ques- 
tion shall  be  taken  by  roll  call  when  the  same  is  requested 
by  at  least  three  members.     A  majority  of  the  members  Quorum,  etc. 
of  the  board  shall  be  required  to  constitute  a  quorum,  but 
a  smaller  number  may  adjourn  from  day  to  day.     The 
board  shall,  so  far  as  is  not  inconsistent  with  this  act,  have 
and  exercise  all  the  legislative  powers  of  towns  and  of  the 
inhabitants  thereof,  and  shall  have  and  exercise  all  the 
powers  now  vested  by  law  in  the  city  of  Holyoke  and  in 
the  inhabitants  thereof,  as  a  municipal  corporation,  and  be 
subject  to  all  the  liabilities  of  city  councils,  and  of  either 
branch  thereof,  under  the  general  laws  o€  the  Common- 
wealth, and  it  may  by  ordinance  prescribe  the  manner  in 
which  such  powers  shall  be  exercised.     Its  members  shall 
receive  no  compensation  for  their  services  as  members  of 
the  board  of  aldei"men  or  of  any  committee  thereof. 

Section  14.     Neither  the  board  of  aldermen  nor  any  Not  to  t«ke  part 
member  or  committee  thereof  shall  directly  or  indirectly  ona™or?maki'ng 
take   part  in  the  employment  of  labor,  the  making  of  oioonir^ct,,etc. 
contracts,   the  purchasing  of  materials  or  supplies,   the 
construction,  alteration  or  repairs  of  any  public  works, 
buildings  or  other  property,  or  the  care,  custody  or  man- 
agement of  the  same ;    or  in  the  conduct  of  any  of  the 
executive  or  administrative  business  of  the  city,  or  in  the 
expenditure  of  public  money,  except  as  herein  otherwise 
provided  and  except  such  as  may  be   necessary  for  the 
contingent  and  incidental  expenses  of  the  board  of  alder- 
men ;  nor  in  the  appointment  or  removal  of  any  officers 
except  as  is  herein  otherwise  provided.     But  nothing  in  Aid  to  disabled 
this  section  contained  shall  affect  the  powers  or  duties  of  BaUo'rsTetef 
the    board   in    relation  to   city   aid   to   disabled    soldiers 
and   sailors  and   to  the    families  of  those   killed  in  the 
civil  war. 


400 


Acts,  1896.  — Chap.  438. 


Board  of  alder- 
men to  elect 
certain  officers 
by  ballots,  etc. 


Removals,  etc. 


Proviso. 


Appropriations, 

expenditures, 

etc. 


Section  15.  The  board  of  aldermen  shall  annually 
in  the  month  of  January  elect  by  ballot  a  city  auditor, 
a  city  physician,  and  a  city  messenger,  each  of  whom 
shall  hold  his  office  for  the  term  of  one  year  beginning 
with  the  first  Monday  in  February  in  the  year  of  his 
election  and  until  his  successor  is  elected  and  qualified, 
unless  sooner  removed.  Said  board  of  aldermen  shall 
also  in  the  month  of  January  in  the  year  eighteen  hun- 
dred and  ninety-seven,  and  in  the  month  of  January  in 
every  third  year  thereafter,  elect  by  ballot  a  collector 
of  taxes,  and  a  city  almoner,  each  of  whom  shall  hold 
his  office  for  the  term  of  three  years  beginning  with  the 
first  Monday  in  February  in  the  year  of  his  election  and 
until  his  successor  is  elected  and  qualified,  unless  sooner 
removed.  Said  board  of  aldermen  shall  also  annually 
in  the  month  of  January  elect  by  ballot  one  assessor  of 
taxes,  one  water  commissioner,  and  one  overseer  of  tbe 
poor,  each  of  whom  shall  hold  his  office  for  the  term  of 
three  years  beginning  with  the  first  Monday  in  February 
in  the  year  of  his  election  and  until  his  successor  is  elected 
and  qualified,  unless  sooner  removed.  Any  of  said  officers 
may  be  removed  at  any  time  by  the  board  of  aldermen  for 
sufficient  cause.  The  present  city  physician,  assessors  of 
taxes,  water  commissioners,  and  overseers  of  the  poor  shall 
continue  to  hold  their  respective  offices,  unless  sooner  re- 
moved, for  the  term  of  two  years  from  the  first  Monday  in 
February  in  the  year  following  their  election  :  jwovided^ 
however,  that  the  water  commissioner  elected  in  the  ^''ear 
eighteen  hundred  and  ninety-six  to  fill  a  vacancy  shall 
continue  to  hold  his  office,  unless  sooner  removed,  until 
the  first  Monday  in  February  in  the  year  eighteen  hun- 
dred and  ninety-seven.  Vacancies  in  city  offices,  where 
no  other  provision  is  made  for  filling  the  same,  shall  be 
filled  by  the  election  or  appointment  of  a  successor  in  the 
same  manner  as  the  previous  incumbent  was  elected  or 
appointed,  and  the  person  elected  or  appointed  to  fill  the 
vacancy  shall  hold  his  office  for  the  remainder  of  the  term 
during  which  his  predecessor  would  have  been  entitled  to 
hold  the  same. 

Section  16.  The  board  of  aldermen  shall  appropriate 
annually,  in  the  month  of  March  or  in  the  month  of  April, 
the  amount  necessary  to  meet  the  expenditures  of  the  city 
for  the  current  municipal  year.  It  shall  take  care  that  no 
money  is  paid  from  the  treasury  unless  granted  and  appro- 


Acts,  1896.  — Chap.  438.  401 

priated,  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  Account  of 
each  year,  ten  days  at  least  prior  to  the  annual  election,  ITpeudiuux-n 
cause  to  be  published  for  the  use  of  the  inhabitants  a  com-  ^o^i-ei^'i^'i^hed. 
plete  account  of  the  receipts  and  expenditures  of  said  city, 
and  a  schedule  of  all  the  city  property  and  of  the  city 
debt. 

Section  17.     The  board  of  aldermen  shall  have  the  city  ordinances, 
power  within  said  city  to  make  and  establish  ordinances  ^^'^^  "'^^' 
and  to  affix  thereto  penalties  for  the  violation  thereof,  as 
herein  or  by  general  law  provided,  without  the  sanction 
of  any  court  or  justice  thereof. 

Section  18.     The  board  of  aldermen  shall  not  author-  Location  and 
ize    the    erection    of  a  schoolhouse,    or  of  any  addition  ho''u"erto  be""' 
thereto,    nor  pass  any  appropriation  for  such  purposes,  ecKcom-^ 
until  the  location  and  plans  of  the  same  have  been  ap-  "^'"ee. 
proved  by  vote  of  the  school  committee,  and  such  approval 
has  been  certified  in  writing  to  the  board  of  aldermen  by 
the  secretary  of  said  committee. 

Section  19.  The  board  of  aldermen  shall  establish  a  F'redcpart- 
fire  department  for  said  city,  to  consist  of  three  fire  com- 
missioners, a  chief,  and  of  such  officers  and  members, 
including  a  superintendent  of  the  fire  alarm  telegraph 
system,  as  the  board  of  aldermen  shall  from  time  to  time 
prescribe.  And  said  fire  commissioners  shall  have  author- 
ity to  define  the  rank  and  duties  of  said  officers  and  mem- 
bers, and  in  general  to  make  such  regulations  concerning 
the  conduct  and  government  of  such  department,  the 
management  of  fires  and  the  conduct  of  persons  attending 
fires,  as  they  may  deem  expedient,  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  mayor,  exclusively,  shall  appoint  three  persons 
to  ])e  fire  commissioners ;  one  of  said  persons  to  be  ap- 
pointed in  the  month  of  January  in  each  year,  to  hold 
office  for  the  term  of  three  years  from  the  first  Monday 
of  January  in  the  year  of  his  appointment.  The  present 
fire  commissioners  shall  continue  to  hold  office,  unless 
sooner  removed,  for  two  years  from  the  first  Monday  of 
January  next  after  their  appointment.  The  appointment 
of  all  the  officers  and  members  of  the  fire  department, 
including  a  superintendent    of  the   fire   alarm   telegraph 


402 


Acts,  1896.  — Chap.  438. 


Fire  limits  may 
be  eBtablished, 
etc. 


Police  depart- 
ment. 


Repeal. 


Streets,  high- 
ways, etc. 


system,  who  shall  also  be  inspector  of  wires,  shall  he 
vested  in  the  fire  commissioners  exclusively. 

Section  20.  The  board  of  aldermen  shall  have  power 
to  establish  fire  limits  in  the  city,  and  from  time  to  time 
change  or  enlarge  the  same,  and  by  ordinance  they  may  regu- 
late the  construction  of  all  buildings  erected  within  said  fire 
limits,  stipulating  their  location  and  size  and  the  material 
of  which  they  shall  be  constructed,  and  may  make  such  other 
rules  and  regulations  as  shall  tend  to  prevent  damage  by 
fire,  provided  that  such  rules  and  regulations  shall  not  be 
inconsistent  with  the  law  a  of  this  Commonwealth. 

Section  21.  The  board  of  aldermen  shall  establish  by 
ordinance  a  police  department,  consisting  of  a  city  marshal 
and  of  such  subordinate  oflicers  and  other  members  of  the 
police  force  as  it  may  prescribe,  and  may  make  regulations 
for  the  government  of  said  department.  The  power  of 
appointment  of  said  city  marshal,  subordinate  officers 
and  members  of  the  police  force  shall  be  vested  in  the 
ma^'or  exclusively,  and  he  shall  have  power  to  remove 
the  members  of  the  regular  police  force,  after  a  due  hear- 
ing, for  such  cause  as  he  shall  deem  sufficient  and  shall 
express  in  the  order  of  removal,  and  said  order  of  removal 
shall  be  filed  in  the  office  of  the  city  clerk  for  the  inspec- 
tion of  the  public.  All  the  members  of  the  present  reg- 
ular police  force,  except  the  chief  of  police  or  marshal, 
and  such  members  as  may  hereafter  be  appointed,  except 
the  city  marshal,  shall  hold  office  during  good  behavior, 
and  be  sul)ject  to  removal  in  the  manner  above-provided. 
The  mayor  shall  have  the  power  to  remove  the  city  mar- 
shal at  any  time.  So  much  of  chapter  three  hundred  and 
eighty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  as  is  inconsistent  herewith  is  hereby  repealed. 

Section  22.  The  board  of  aldermen  shall,  with  the 
approval  of  the  mayor,  have  exclusive  authority  and 
power  to  order  the  laying  out,  locating  anew  or  discon- 
tinuing of  all  streets  and  ways  and  highways  within  the 
limits  of  the  city,  and  to  assess  the  damage  sustained  by 
any  person  thereby,  and  further,  except  as  herein  other- 
wise provided,  to  act  in  all  matters  relating  to  such  laying 
out,  locating  anew,  altering  or  discontinuing.  Any  person 
aggrieved  by  the  assessment  of  his  damages,  or  other  action 
of  the  board  of  aldermen  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. 


Acts,  1896.  — Chap.  438.  403 

Any  ordinance,  order,  resolution  or  vote  involving:  the  ap-  Majority  vote 

*'      .    ,  .  -,..  c  J  1        1  •    1     of  all  members 

propriation  or  expenditure  oi  money  to  an  amount  which  required  for  the 
may  exceed  two  hundred  dollars,  shall  require  for  its  pas-  tTmoMinan'ces, 
sage  the  affirmative  votes  of  a  majority  of  all  the  members  ^'"^ 
of  the  board  of  aldermen.     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  at  its  final  passage  shall  be 
taken  by  roll  call :  provided,  hotvever,  that  u[)ou  and  after  Proviso. 
the  written  recommendation  of  the  mayor  the  board  of 
aldermen  may  pass  such  ordinance,  order,  resolution  or 
vote  on  the  same  day  by  a  two  thirds  yea  and  nay  vote. 

Section  23.     No  member  of  the  board  of  aldermen  Members  of 
shall,  during  the  term  for  which  he  is  elected,  hold  any  mTnnottoh'oTd 
other  office  in  or  under  the  city  government,  have  the  e^f ""  "''^  "^''^' 
expenditure  of  any  money  appropriated  by  the  board  of 
aldermen,  or  act  as  counsel  in  any  matter  before  the  board 
of  aldermen  or  any   committee   thereof;    and  no  person 
shall  be  eligible  for  appointment  to  any  municipal  office 
established  by  the  board  of  aldermen  during  any  municipal 
year  within  which  he  was  an  alderman,  until  the  expiration 
of  the  succeeding  municipal  year. 

Section  24.  Every  ordinance,  order,  resolution  or  certain  ordt- 
vote  of  the  board  of  aldermen,  except  such  as  relates  to  to  app^ovafby 
its  own  internal  affairs,  to  its  own  officers  or  employees,  '^''™^y°''- 
shall  be  presented  to  the  mayor.  If  he  approve  thereof 
he  shall  signify  his  approval  by  signing  the  same,  but  if 
not  he  shall  return  the  same  with  his  objections  to  the 
board  of  aldermen,  who  shall  enter  the  objections  of  the 
mayor,  at  length,  upon  its  records,  and  proceed  to  recon- 
sider said  ordinance,  order,  resolution  or  vote,  and  if  after 
such  reconsideration  two  thirds  of  the  board  of  aldermen, 
notwithstanding  such  objections,  vote  to  pass  the  same,  it 
shall  be  in  force.  In  all  cases  the  vote  shall  be  taken  by 
yeas  and  nays.  If  such  ordinance,  order,  resolution  or 
vote  shall  not  be  returned  within  ten  days  after  it  shall 
have  been  presented  to  the  mayor  the  same  shall  be  in 
force.  He  may  except  from  his  approval  of  any  ordinance, 
order,  resolution  or  vote  of  which  he  has  the  poAver  of 
veto  any  portion  involving  a  distinct  item  of  expenditure  ; 
and  in  such  case  instead  of  returning  the  original  he  shall 
transmit  a  copy  of  such  portion  not  approved,  which  por- 
tion shall  be  reconsidered  in  the  manner  and  with  the 
effect  above-provided.  The  veto  power  of  the  mayor 
shall  not  extend  to  elections. 


404 


Acts,  1896.  — Chap.  438. 


Executive  pow- 
ers vested  in 
mayor,  etc. 


Term  of  office. 


Appointment 
and  removal 
of  municipal 
officers. 


By  whom  dutiei 
may  be  per- 
formed in  case 
of  disability  of 
mayor. 


TITLE    4. EXECUTIVE    DEPARTMENT. 

Section  25.  The  executive  powers  of  the  city  shall 
be  vested  solely  in  the  mayor,  and  may  be  exercised  by 
him  either  personally  or  through  the  several  officers  or 
boards  of  the  city  in  their  departments,  under  his  general 
supervision  and  control.  In  case  of  any  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  begin- 
ning with  the  first  Monday  in  January  next  following  his 
election  and  until  his  successor  is  elected  and  qualified. 

Section  26.  The  mayor  shall  have  the  sole  power  of 
appointment  to  all  the  municipal  offices  established  by  or 
under  this  act,  unless  herein  otherwise  provided,  and  he 
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  assign  in  his  order  of  re- 
moval. Such  office  shall  become  and  be  vacant  upon  the 
filing  with  the  city  clerk  of  such  order  of  removal  and 
the  serving  of  a  copy  thereof  upon  the  officer  so  removed, 
either  personally  or  by  leaving  the  same  at  his  last  or 
usual  place  of  residence.  The  clerk  shall  keep  such  order 
of  removal  on  file,  where  it  shall  be  open  to  public  inspec- 
tion. Upon  the  petition  of  any  person  whose  removal 
from  office  has  been  ordered  by  the  mayor,  addressed  to 
any  justice  of  the  superior  court,  the  action  of  the  mayor 
in  removing  such  person  may  be  reviewed  by  such  justice, 
who  may  affirm  the  order  of  the  mayor  or  may  reverse 
the  same  and  order  the  petitioner  reinstated  in  his  office. 

Section  27.  Whenever  by  reason  of  sickness  or  other 
cause  the  mayor  shall  be  disabled  from  performing  the 
duties  of  his  office  he  may  designate  by  a  writing  filed  in 
the  office  of  the  city  clerk,  either  the  city  clerk,  or  the 
city  treasurer,  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  their  office  shall  act  as  mayor.  Such  officer  shall 
during  the  continuance  of  such  disability  have  all  the 
rights  and  powers  of  mayor,  except  that  he  shall  not 
when  so  acting  have  the  power  of  removal,  unless  thereto 
in  any  instance  authorized  by  vote  of  the  board  of  alder- 


Acts,  1896.  — Chap.  438.  405 

men,  nor  any  power  of  appointment,  unless  such  disability 
of  the  mayor  has  continued  for  a  period  of  thirty  days, 
and  then  subject  to  the  approval  of  the  board  of  aldermen, 
nor  power  to  approve  or  disapprove  any  ordinance,  order, 
resolution  or  vote  until  within  twenty-four  hours  of  the 
time  when  it  would  take  effect  without  the  approval  of 
the  mayor.  In  case  of  such  disability  of  the  mayor  con- 
tinuing for  a  period  exceeding  sixty  days  the  board  of 
aldermen  may  at  any  time  after  the  expiration  of  that 
period  declare  a  vacancy  to  exist  in  the  office  of  mayor. 

Section  28.     Whenever  there  shall  be  a  vacancy  in  the  PreBidentof 
office   of  mayor  the  president  of  the  board  of  aldermen  mTnto°actir" 
shall  act  as  mayor,  and  possess  all  the  rights  and  powers  I'd  offl'cVor'"'^ 
of  mayor  during  such  vacancy,  except  that  when  so  acting  ™ayor. 
as  mayor  he  shall  not  have  the  power  of  appointment  or 
removal  unless  thereto  in  any  instance  authorized  by  vote 
of  the  board  of  aldermen. 

TITLE    5. SCHOOL    DEPAKTiMENT. 

Section  29.  The  management  and  control  of  the  pub-  schooi  commit. 
lie  schools  of  said  city  shall  be  vested  in  a  school  com-  terms,  etc. 
mittee,  consisting  of  nine  persons,  two  of  whom  shall  be 
chosen  from  the  city  at  large  and  one  by  and  from  the 
voters  of  each  ward.  At  the  annual  municipal  election 
held  in  the  year  eighteen  hundred  and  ninety-six  there 
shall  be  elected  one  member  of  the  school  committee  from 
each  of  the  following  wards,  namely  :  —  Wards  two,  four 
and  six,  to  serve  for  the  term  of  three  years  beginning 
with  the  lirst  Monday  in  January  next  ensuing ;  at  the 
annual  municipal  election  held  in  the  year  eighteen  hun- 
dred and  ninety-seven  there  shall  be  elected  one  member 
of  the  school  committee  from  the  city  at  large  and  one 
member  of  the  school  committee  from  each  of  the  follow- 
ing wards,  namely :  —  Wards  one  and  three ;  and  at  the 
annual  municipal  election  held  in  the  year  eighteen  hun- 
dred and  ninety-eight  there  shall  be  elected  one  member 
of  the  school  committee  at  large  and  one  from  each  of  the 
following  wards,  namely: — Wards  five  and  seven;  and 
at  each  annual  municipal  election  thereafter  there  shall  be 
elected  three  members  of  the  school  committee  who  shall 
hold  their  offices  for  the  term  of  three  years  beginning 
with  the  first  Monday  in  January  next  succeeding  such 
election,  as  successors  of  those  whose  terms  of  office 
expire   on  said  first  Monday  in  January.     Each  of  the 


406 


Acts,  1896.  — Chap.  438. 


Vacancies  on 
school  commit- 
tee. 


Organization. 


Mayor  may  be 
present  at  ses- 
sions, etc. 


Quorum. 


Superintendent 
of  schools, 
election,  etc. 


Powers  and 
duties  of  school 
committee,  etc. 


present  members  of  the  school  committee  shall  continue 
to  hold  his  office  for  the  term  of  three  years  beginning 
with  the  first  Monday  in  January  next  after  his  election. 

Section  30.  In  case  of  a  vacancy  in  or  non-election 
to  the  ofiice  of  a  member  of  the  school  committee  the 
mayor  shall  call  a  joint  convention  of  the  board  of  alder- 
men and  of  the  school  committee,  and  such  vacancy  shall, 
by  vote  of  a  majority  of  all  members  of  the  two  bodies, 
be  filled  by  the  election  of  a  member  according  as  the 
vacancy  or  non-election  exists,  to  serve  until  the  end  of 
the  municipal  year  in  which  the  order  calling  the  next 
annual  municipal  election  shall  be  passed  ;  at  such  election 
the  further  vacancy,  if  any,  shall  be  filled  for  the  remainder 
of  the  unexpired  term,  in  the  same  manner  as  the  member 
whose  office  is  vacant  was  elected.  The  school  committee 
shall  meet  on  the  first  Tuesday  in  January  in  each  munici- 
pal year  and  shall  at  such  meeting,  or  as  soon  thereafter 
as  may  be,  choose  by  ballot  a  chairman  from  among  its 
members,  and  the  votes  of  a  majority  of  all  the  members 
of  the  school  committee  shall  be  required  in  order  to 
elect.  The  mayor  may  be  present  at  all  sessions  of  the 
school  committee,  and  when  present  he  may  participate  in 
the  discussions  and  may  preside,  but  shall  have  no  right 
to  vote.  The  committee  shall  be  the  judge  of  the  election 
and  qualification  of  its  members  and  shall  determine  the 
rules  of  its  proceedings.  A  majority  of  the  whole  number 
provided  to  be  elected  shall  constitute  a  quorum  for  the 
transaction  of  business,  but  a  smaller  number  may  adjourn 
from  time  to  time. 

Section  31.  The  school  committee  may  elect  a  super- 
intendent of  schools,  who  shall  also  be  its  secretarj^,  and 
may  appoint  such  subordinate  ofiicers  and  assistants  as  it 
may  deem  necessary  for  the  proper  discharge  of  its  duties 
and  the  conduct  of  its  business,  shall  define  their  terms  of 
service  and  fix  their  compensation,  and  may  remove  and 
discharge  them  at  pleasure. 

Section  32.  The  school  committee  shall  exercise  the 
powers  and  discharge  the  duties  imposed  by  law  upon 
school  committees.  All  orders,  resolutions  or  votes  of 
the  school  committee,  except  those  fixing  salaries,  which 
involve  the  expenditure  of  money,  shall  be  presented  to 
the  mayor  for  his  approval,  and  thereupon  the  same  pro- 
ceedings shall  be  had  by  the  mayor  and  school  committee 
as  are  provided  in  section  twenty-four  of  this  act  to  be 


Acts,  1896.  — Chap.  438.  407 

had  by  the  mayor  and  board  of  aldermen ;  but  nothing  in 
this  act  contained  shall  affect  the  powers  and  duties  of  the 
committee   in  relation  to  votes   cast  at   elections.      The  To  submit  an 

.1  .,,  iii'ii  j.i^T  •  1     annual  CBtiniate 

school  committee  shall  in  the  month  ot  January  in  each  ofexpeuBes. 
year  submit  to  the  mayor  an  estimate  in  detail  of  the 
amount  deemed  by  it  necessary  to  expend  for  its  purposes 
during  the  current  financial  year,  and  the  mayor  shall 
transmit  the  same  with  the  estimates  of  the  departments 
to  the  board  of  aldermen,  and  shall  recommend  such  ap- 
propriation as  he  shall  deem  necessary. 

Section  33.     The  school  committee  shall  be  the  original  ^fneltsifP 
iudffes  of  the  expediency  and  necessity  of  having^  addi-  of  additional 

~  ^  accoxuniociii- 

tional  or  improved  accommodations  for  any  public  school  tions,  etc 
within  the  limits  of  the  city  ;  and  whenever  in  their  opinion 
a  schoolhouse  is  required  or  material  alterations  are  needed 
they  shall  send  a  communication  to  the  board  of  aldermen, 
stating  the  locality  and  the  nature  of  the  further  provisions 
for  schools  which  are  needed. 

TITLE    6. ADMINISTRATIVE    OFFICERS. 

Section  34.  There  shall  be  the  following  administra-  Administrative 
tive  officers,  who  shall  be  appointed  by  the  mayor  and  who  pointment^* 
shall  perform  the  duties  by  law  and  hereinafter  prescribed  ^c!"^'  '^""^^' 
for  them  respectively,  and  such  further  duties,  not  incon- 
sistent with  the  nature  of  the  respective  offices,  as  the 
board  of  aldermen  may  from  time  to  time  prescribe. 
I.  —  A  board  of  public  works,  consisting  of  three  persons. 
II. — Three  fire  commissioners.  III. — A  city  solicitor. 
rV.  —  A  city  marshal.  V. — A  board  of  health,  consist- 
ing of  three  persons,  one  of  whom  shall  be  a  doctor  of 
medicine.  VI.  — A  city  engineer,  who  shall  be  clerk  of 
the  board  of  public  works  and  shall  keep  the  accounts 
of  all  departments  under  the  management  and  control  of 
said  board.  VII.  —  An  inspector  of  public  buildings. 
The  three  persons  who  shall  constitute  the  board  of  public 
works  shall  be  appointed  in  the  month  of  January  in  the 
year  eighteen  hundred  and  ninety-seven,  one  for  three 
years,  one  for  two  years,  and  one  for  one  year,  beginning 
with  the  first  Monday  in  January  in  said  year,  unless 
sooner  removed,  and  until  their  successors  are  appointed 
and  qualified ;  and  thereafter  annually  in  the  month  of 
January  the  mayor  shall  appoint  one  person  to  be  a  mem- 
^ber  of  the  board  of  public  works,  who  shall  hold  his  office 
for  the  term  of  three  years  beginning  with  the  first  Mon- 


408 


Acts,  1896.  — Chap.  438. 


pointmeut, 
terms,  dutieB, 
etc. 


^ffi^rfl?-"^''  day  in  February  in  the  year  of  his  appointment,  unless 
sooner  removed,  and  until  his  successor  is  appointed  and 
qualified.  The  board  of  public  works  shall  appoint  a 
superintendent  of  outdoor  work,  who  shall  hold  no  other 
office,  and  he  shall  not  be  a  member  of  said  board ;  he 
shall  hold  his  office  for  one  year  unless  sooner  removed  by 
said  board,  and  until  his  successor  is  appointed  and  quali- 
fied. Each  of  the  present  members  of  the  board  of  health 
shall  continue  to  hold  his  office  for  the  term  of  two  years 
from  the  first  Monday  in  February  in  the  year  of  his  ap- 
pointment, unless  sooner  removed,  and  until  his  successor 
is  appointed  and  qualified.  In  the  mouth  of  January  in 
the  year  eighteen  hundred  and  ninety-seven  the  mayor 
shall  appoint  one  person  to  be  a  member  of  the  board  of 
health,  who  shall  hold  his  office  for  the  term  of  three  years 
beginning  with  the  first  Monday  in  February  in  the  year 
of  such  appointment,  unless  sooner  removed,  and  until  his 
successor  is  appointed  and  qualified,  and  thereafter  an- 
nually in  the  month  of  January  the  mayor  shall  appoint, 
subject  to  the  provision  respecting  a  doctor  of  medicine,  a 
meml)er  of  the  board  of  health,  who  shall  hold  his  office 
for  the  term  of  three  years  beginning  with  the  first  Monday 
in  February  in  the  year  of  such  appointment,  unless  sooner 
removed,  and  until  his  successor  is  appointed  and  quali- 
fied. The  city  engineer  elected  in  the  year  eighteen  hun- 
dred and  ninety-six  shall  continue  to  hold  his  office  for  the 
term  of  three  years  beginning  with  the  first  Tuesday  in 
February  in  the  year  eighteen  hundred  and  ninety-six, 
unless  sooner  removed,  and  until  his  successor  is  appointed 
and  qualified.  In  the  month  of  January  in  the  year  eight- 
een hundred  and  ninety-nine  the  mayor  shall  appoint  a 
city  engineer,  who  shall  hold  his  office  for  the  term  of 
three  years  beginning  with  the  first  Tuesday  of  February 
in  the  year  of  such  appointment,  unless  sooner  removed, 
and  until  his  successor  is  appointed  and  qualified,  and 
thereafter  the  mayor  shall  appoint,  every  third  year,  in  the 
month  of  January,  a  city  engineer,  who  shall  hold  his 
office  for  the  term  of  three  years  beginning  with  the  first 
Tuesday  of  February  in  the  year  of  such  appointment,  un- 
less sooner  removed,  and  until  his  successor  is  appointed 
and  qualified.  The  city  solicitor  and  city  marshal  shall 
be  appointed  by  the  mayor  annually  in  the  month  of  Jan- 
uary, and  each  shall  hold  his  office  for  the  term  of  one 
year  beginning  with  the  first  Monday  of  January  in  the 


Acts,  1896.  — Chap.  438.  409 

year  of  his  appointment,  unless  sooner  removed,  and  until 
his  successor  is  appointed  and  qualified.  They  shall  be  oath  of  office, 
sworn  or  affirmed  to  the  faithful  discharge  of  the  duties  of 
their  respective  offices,  and  the  oath  or  affirmation,  or  a  cer- 
tified copy  thereof,  shall  ])e  filed  in  the  office  of  the  city 
clerk.  The  inspector  of  public  buildings  shall  be  ap- 
pointed by  the  mayor  in  the  month  of  January  in  the 
year  eighteen  hundred  and  ninety-seven,  and  in  the  month 
of  January  in  every  third  year  thereafter,  and  shall  hold 
his  office  for  the  term  of  three  years  beginning  with  the 
first  Monday  in  February  in  the  year  of  his  appointment, 
unless  sooner  removed,  and  until  his  successor  is  ap- 
pointed and  qualified. 

TITLE    7.  POWERS    AND    DUTIES    OF    OFFICERS. 

Section  35.  The  city  clerk  shall  have  charge  of  all  2Ltet. 
journals,  records,  papers  and  documents  of  the  city,  and 
do  such  other  acts  in  his  said  capacity  as  the  board  of 
aldermen  may  require  of  him.  He  shall  be  the  clerk  of 
the  board  and  shall  keep  a  journal  of  all  votes  and  pro- 
ceedings. He  shall  engross  all  the  ordinances  passed  by 
the  board  of  aldermen  in  a  book  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. 

Section  36.  The  city  auditor  shall  keep  a  set  of  books  city  auditor, 
showing  the  expenditures  of  the  various  departments  of  "  ""*'  ^ "' 
the  city  and  showing  the  receipts  credited  to  such  depart- 
ments. He  shall  examine  all  pay  rolls,  bills  or  demands 
rendered  against  the  city,  and  all  orders  or  votes  of  the 
board  of  aldermen  for  the  payment  of  money,  and  shall  see 
that  they  have  been  incurred  with  due  authority,  that  they 
are  properly  approved  by  some  person  authorized  thereto, 
and  that  the  clerical  computations  are  correct.  He  shall 
see  that  vouchers  are  prepared  in  proper  form  and  that  the 
same  are  duly  recorded  and  distributed  to  their  proper 
account.  If  he  approves  of  a  pay  roll,  bill  or  demand  he 
shall  endorse  it  with  his  certificate  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  pay- 
ment. He  shall  perform  such  other  duties  as  from  time  to 
time  shall  be  assigned  him  by  the  board  of  aldermen.  In  Auditor  pro 
case  of  the  disability  or  absence  of  the  auditor  the  presi-  '""'""'^' 


410 


Acts,  1896.  — Chap.  438. 


Board  of 
public  workB, 
powers,  duties, 
etc. 


City  treasurer, 
powers  and 
duties. 


City  solicitor, 
powers  and 
duties. 


dent  of  the  board  of  aldermen  shall  appoint  an  auditor  pro 
tempore,  who  shall  be  duly  qualified. 

Section  37.  The  board  of  public  works  shall  have 
cognizance,  direction  and  control :  (a)  Of  the  construction, 
location,  repair,  care  and  lighting  of  streets,  ways  and 
sidewalks ;  (b)  of  the  construction,  alteration,  repair  and 
care  of  public  buildings ;  (c)  of  the  construction,  altera- 
tion, repair  and  care  of  main  drains  or  common  sewers ; 
(d)  of  the  construction,  alteration,  repair,  care  and  main- 
tenance of  public  bridges;  (e)  of  the  care,  superintend- 
ence and  management  of  the  public  grounds,  except  public 
parks,  belonging  to  said  city,  and  of  the  shade  and  orna- 
mental trees  growing  therein.  The  said  board  may  require 
that  no  person  or  corporation  authorized  by  the  board  of 
aldermen  to  dig  up  any  public  street  or  sidewalk  in  said 
city  shall  begin  such  digging  before  furnishing  to  such 
board  of  public  works  security  satisfactory  to  them  to 
restore  such  streets  or  sidewalks  to  their  former  condition. 
The  said  board  of  public  works,  except  as  herein  otherwise 
provided,  shall  have  exclusively  the  powers  and  be  subject 
to  the  liabilities  and  penalties  imposed  by  law  upon  road 
commissioners  of  towns. 

Section  38.  The  city  treasurer  shall  collect  and  re- 
ceive all  assessments  for  sewers  and  drains,  and  all  other 
assessments  that  may  be  duly  levied.  He  shall  collect  all 
moneys  due  the  city,  except  taxes,  water  charges  or  water 
rents,  and  shall  receive,  have  the  custody  of  and  pay  out 
all  moneys  upon  the  certificate  or  written  order  of  the 
mayor  and  the  auditor,  and  shall  cause  an  accurate  account 
of  the  same  to  be  kept  in  proper  bookkeeping  form,  or  in 
such  form  as  the  board  of  aldermen  may  prescribe.  He 
shall,  once  in  six  months,  or  oftenerif  required,  lay  before 
the  board  of  aldermen  a  detailed  statement  of  the  condition 
of  the  treasury  and  of  all  moneys  received  and  paid  by 
him  on  city  accounts  during  the  preceding  six  months, 
and  in  every  such  statement  the  different  sources  of  the  city 
revenues,  and  the  amounts  received  from  each,  the  several 
appropriations  made,  the  objects  for  which  they  were  made 
and  the  amount  of  moneys  expended  under  each,  the  money 
borrowed  on  the  credit  of  the  city,  the  authority  under 
which  each  loan  was  made  and  the  terms  on  which  the  same 
was  obtained  shall  be  clearly  and  particularly  specified. 

Section  39.  The  city  solicitor  shall  perform  all  legal 
services  in  which  the  city  is  interested  and  attend  to  all 


Acts,  1896.  — Chap.  438.  411 

proceedings  at  law  or  in  equity  to  which  the  city  is  a  party, 
and  to  all  claims  made  to  the  board  of  aldermen.  For 
these  purposes  he  shall  have  sole  charge  of  all  such  matters 
and  proceedings.  He  shall  give  in  writing  his  legal  opin- 
ion upon  any  of  the  municipal  affairs  of  the  city,  upon  the 
request  of  the  mayor  or  board  of  aldermen,  and  in  addi- 
tion shall  give  his  opinion  upon  the  law  relating  to  mu- 
nicipal affairs  in  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  duties*  ""'^ 
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,  main  drains  or  common  sewers,  and 
conduits,  streets,  sidewalks  and  other  public  works,  except 
the  water  works,  and  he  shall,  at  the  request  of  the  board 
of  water  commissioners,  perform  all  such  services  respect- 
ing the  water  works  of  the  city  as  are  proper  for  a  civil 
engineer  to  perform.  He  shall  assist  the  city  solicitor  as 
far  as  possible  in  defending  the  city  against  suits  and 
claims  brought  against  it  for  damages  sustained  by  reason 
of  any  defect  or  want  of  repairs  in  any  public  way,  or  for 
any  cause  whatever.  He  shall  perform  such  other  duties 
as  the  board  of  aldermen  may  prescribe,  not  inconsistent 
herewith. 

Section  41.  The  city  almoner  shall  keep  a  record  of  po^^e*l'°anT'^* 
the  settlements  of  all  paupers  or  persons  who  are  or  who  duties. 
may  become  a  city  charge,  and  shall,  under  the  direction 
of  and  by  the  authority  of  the  overseers  of  the  poor,  re- 
lieve the  wants  of  such  paupers  outside  the  almshouse  as 
may  be  necessary  and  proper.  He  shall,  as  aforesaid,  see 
that  paupers  who  are  chargeable  to  other  cities  and  towns 
are  maintained  by  such  cities  and  towns  at  their  own  ex- 
pense, and  that  the  city  shall  be  reimbursed  for  outlays 
made  for  the  paupers  chargeable  to  the  Commonwealth  or 
other  cities  or  towns.  He  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  possible  in  controversies  arising  over 
pauper  settlements  or  otherwise.  He  shall  perform  such 
other  duties  as  the  overseers  of  the  poor  or  the  board 
of  aldermen  by  ordinance  may  from  time  to  time  pre- 
scribe. 


412  Acts,  1896.  — Chap.  438. 

d"'offlce°8^^'  Section  42.  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  the  general  laws  as  the  board 
of  aldermen  may  from  time  to  time  prescribe. 

om^ewmay"'^        Section  43.     The   administrative   officers   and    boards 

mo''v°e'derkB''etc.  abovc-uamed  in  this  title,  and  all  administrative  officers 
and  boards  hereafter  established  by  the  board  of  aldermen, 
not  coming  within  the  department  of  any  officer  or  board 
so  above-named,  shall  have  the  power,  except  as  herein 
otherwise  provided,  to  appoint  or  employ  or  remove  or 
discharge  all  officers,  clerks  and  employees  in  their  respec- 
tive departments.  Such  appointments  shall  not  be  for  any 
specified  term,  but  shall  hold  good  until  removal  or  dis- 
charge. Orders  of  removal  shall  state  the  reason  therefor 
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  co})y  of  such  order  with  the  city  clerk 
in  a  book  provided  for  that  purpose  and  open  to  public 

Mayma^enec-   jnspection.     Tlic  abovc-uamed  administrative  officers  and 

eesarycontructB,   -,  ^  ,-.,,■,      .  .-, 

etc.  boards  shall,    in  their  res})ective  departments,   make  all 

necessary  contracts  for  work  and  for  the  furnishing  of 
materials  and  supplies  in  the  city,  and  for  the  construction, 
alteration,  repair  and  care  of  public  works,  institutions, 
buildings  and  other  property,  except  the  water  works, 
which  shall  continue  to  be  under  the  management,  direc- 
tion and  control  of  the  water  commissioners,  and  shall 
have,  subject  to  the  mayor,  the  direction  and  control  of 
all  the  executive  and  administrative  business  of  the  city. 
They  shall  at  all  times  be  accountable  to  the  mayor  as  the 
chief  executive  officer,  for  the  discharge  of  their  duties. 
'«°o^d*of'*omciai  Section  44.  Every  board  and  every  officer  above- 
traueactiouB.  named  of  the  board  shall  keep  a  record  of  all  official  trans- 
actions, and  such  record  shall  be  open  to  public  inspection. 

TITLE    8.  GENERAL    PROVISIONS. 

noTetigi^bL"""'       Section  45.     No  person  shall  be  eligible  to  any  of  the 
offices  of  the  city  government,  except  superintendent  of 
schools,  unless  he  is  a  citizen  and  has  been  a  resident  of 
the  city  for  at  least  two  years. 
^ome^vacant'  Section  46.     Any  office  established  under  or  by  this 

conuitio'u"?'"  ^^^^  except  the  office  of  superintendent  of  schools,  shall 
become  vacant  if  the  incumbent  ceases  to  be  a  resident  of 


Acts,  1896.  — Chap.  438.  413 

the  city.  The  conviction  of  the  incumbent  of  any  such 
office  of  a  crime  punishable  by  imprisonment  shall  operate 
to  create  a  vacancy  in  the  office  held  by  him. 

Section  47.  The  administrative  officers  and  boards  Estimates  of 
above-named  shall  annually  on  or  before  the  first  Monday  ^^p®"»««'  «'c. 
of  January  furnish  to  the  mayor  an  itemized  and  detailed 
estimate  of  the  moneys  required  for  tiieir  respective  de- 
partments or  offices  during  the  ensuing  financial  year. 
The  mayor,  president  of  the  board  of  aldermen  and  chair- 
man of  the  board  of  assessors  shall  examine  such  estimates 
and  shall  submit  the  same  to  the  board  of  aldermen  on  or 
before  the  first  day  of  March,  with  their  itemized  and 
detailed  apportionment ;  and  said  board  of  aldermen  shall 
thereafter  on  or  before  the  first  day  of  May  next  following 
fix  by  order  or  otherwise  the  appropriations  for  the  several 
departments  and  offices  to  be  expended  during  the  current 
municipal  year. 

Section  48.     Every    officer   of  the    city  shall   at  the  officers  to  give 
request  of  the  board  of  aldermen  give  it  such  information  tTon^upou^re-"''' 
in  writing  as  it  may  require  in  relation  to  any  matter,  act  ^"est.etc. 
or  thing  connected  with  his  office  or  employment  or  with 
the  discharge  of  the  duties  thereof. 

Section  49.     No  sum  appropriated  for  a  specific  pur-  Appropriatious, 

1111  ii^ii  1  expendilures, 

pose  shall   be  expended  tor  any  other  purpose,  and  no  etc.    • 

expenditure  shall  be  made  nor  liabilities  incurred  by  or  in 

behalf  of  the  city  until  an  appropriation  has   been  duly 

voted  by  the  board  of  aldermen,  sufficient  to  meet  such 

expenditure  or  liability,  together  with  all  prior   unpaid 

liabilities  which  are  payable  out  of  such  appropriation, 

except   in   accordance  with   the  recommendation  of  the 

mayor  to  the  board  of  aldermen,  a})proved  by  the  yea 

and  nay  vote  of  two  thirds  of  the  l)oard :  provided^  how-  rrovieo. 

ever,  that  after  the  expiration  of  the  financial  year  and 

until  the  passage  of  the  annual  appropriations  liabilities 

payable  out  of  a  regular  approi)riation  to  be  contained 

therein  may  be  incurred  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,  and  after  such  approval  such  bills,  pay  rolls  or 

vouchers  shall  be  turned  over  to  the  auditor.     The  financial  financial  year. 

year  shall  begin  with  the  first  day  of  December  in  each  year. 


414 


Acts,  1896.  — Chap.  438. 


Civil  service. 


Proposals  for 
supplies,  etc. 


Certain  con- 
tracts to  he 
approved  by 
mayor,  etc. 


Loans,  bonds, 
notes,  etc. 


Section  50.  Nothing  herein  contained  shall  affect  the 
enforcement  of  the  provisions  of  chapter  three  hundred 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
ei-ghty-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  board  of  aldermen  shall  make  sufficient  and  proper 
appropriations  for  the  carrying  out  and  enforcement  of 
said  acts  and  such  rules  in  said  city. 

Section  51.  Whenever  mechanical  or  other  work  is 
required  to  be  done,  or  supplies  are  required  for  the  city, 
at  a  cost  amounting  to  five  hundred  dollars  or  more,  the 
board  or  committee  having  the  matter  in  charge  shall  in- 
vite proposals  therefor  by  advertisements  in  not  more  than 
three  newspapers  published  in  said  city,  such  advertise- 
ments 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  mak- 
ing such  sale  shall  be  accompanied  by  a  suitable  bond  or 
certified  bank  check  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  52.  All  contracts  made  by  any  department 
of  the  city  shall,  when  the  amount  involved  is  five  hun- 
dred dollars  or  more,  be  in  writing,  and  no  such  contract 
shall  be  deemed  to  have  been  made  or  executed  until  the 
approval  of  the  mayor  is  affixed  thereto.  All  such  con- 
tracts shall  be  accompanied  by  a  bond,  with  sureties 
satisfactory  to  the  board  or  committee  having  the  matter 
in  charge,  or  by  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  by  a  written 
agreement  of  the  contractor,  the  sureties  on  his  or  their 
bond,  and  the  officer  making  the  contract,  with  the  ap- 
proval of  the  mayor  affixed  thereto. 

Section  53.  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 


Acts,  1896.  — Chap.  438.  415 

the  mayor  and  aldermen  and  passed  by  a  two  thirds  yea 
and  nay  vote.  All  bonds  and  notes  issued  by  the  city 
shall  be  signed  by  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  54.     All  salaries  of  city  officers  or  heads  of  officer^eu:?"^ 
departments  shall,  except  as  is  herein  otherwise  provided, 
be  established  by  ordinance  by  the  board  of  aldermen. 

Section  55.     Nothing  contained  herein  shall  be  con-  certain  au- 
strued  to   affect  the  authority,  power,  privileges,  rights  no°  affected." 
and   obligations  created  and  given  by  any  special  act  of 
the  general  court,  and  now  vested  in  and  exercised  by  the 
city  of  Holyoke,  unless  specially  mentioned  in  this  act. 

Section  56.  All  acts  and  parts  of  acts  inconsistent  Repeal. 
with  this  act  are  hereby  repealed  :  provided,  however,  that  P'"°''»ob. 
the  repeal  of  the  said  acts  shall  not  afl'ect  any  act  done  or 
any  right  accruing  or  accrued  or  estaljlished,  or  any  suit 
or  proceeding  had  or  commenced  in  any  civil  case  before 
the  time  when  such  repeal  shall  take  effect ;  and  that  no 
offence  committed  and  no  penalty  or  forfeiture  incurred 
under  the  acts  hereby  repealed,  and  before  the  time  when 
such  repeal  shall  take  eflect,  shall  be  affected  by  the  re- 
peal ;  and  that  no  suit  or  prosecution  pending  at  the  time 
of  the  said  repeal,  for  any  offence  committed  or  for  the 
recovery  of  any  penalty  or  forfeiture  incurred  under  the 
acts  hereby  repealed,  shall  be  affected  by  such  repeal ; 
and  jyrovided,  also,  that  all  persons  who  at  the  time  when 
the  said  repeal  shall  take  effect  shall  hold  office  under  the 
said  acts,  shall  continue  to  hold  the  same  according  to  the 
tenure  thereof,  and  provided,  also,  that  all  the  by-laws 
and  ordinances  of  the  city  of  Holyoke  which  shall  be  in 
force  at  the  time  when  the  said  repeal  shall  take  effect, 
and  which  are  not  inconsistent  with  the  provisions  of  this 
act,  shall  continue  in  force  until  the  same  are  repealed  by 
the  board  of  aldermen,  and  all  officers  elected  under  such 
by-laws  and  ordinances  shall  continue  in  office  according 
to  the  tenure  thereof. 

Section  57.     No  act  which  has  been  heretofore  repealed  certain  acts 

1111  '111  i/>i  ^      revived. 

shall  be  revived  by  the  repeal  of  the  acts  mentioned  in  the 
preceding  section. 

Section  58.     This  act  shall  l)e  submitted  to  the  quali-  submission  of 

/•     1  J  /.     1  ■  /.  question  or 

lied  voters  oi  the  city  of  Holyoke  for  acceptance  at  a  acceptance. 
special   election   to   be   held  within   sixty  days   from  its 


Yes. 

No. 

416  Acts,  1896.  — Chap.  439. 

passage  ;  and  the  city  clerk  shall,  not  less  than  one  week 
before  said  election,  transmit  by  mail  or  otherwise  to 
every  registered  voter  in  said  city  a  copy  of  this  act. 
The  vote  shall  be  taken  by  ballot  in  answer  to  the  follow- 
ing question  :  —  Shall  an  act  passed  by  the  gen- 
eral court  in  the  year  eighteen  hundred  and 
ninety-six  entitled  ' '  An  Act  to  revise  the  Charter 
of  the  city  of  Holyoke  ",  be  accepted?  In  case  this  act 
is  not  accepted  l)y  the  voters  of  said  city  at  its  first  sub- 
mission under  this  section  it  shall  be  submitted  a  second 
time  to  said  voters  at  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-six,  and  the  vote  shall  be 
taken  by  ballot  in  answer  to  the  question  above-stated. 
^ect°  *° '"^"^  Section  59.  So  much  of  this  act  as  authorizes  and 
directs  the  submission  of  the  question  of  its  acceptance  to 
the  qualified  voters  of  said  city  shall  take  eflect  upon  its 
passage  ;  so  much  hereof  as  relates  to  elections  hereunder 
shall  apply  to  the  annual  municipal  election  to  be  held  on 
the  second  Tuesday  of  December  in  the  year  eighteen  hun- 
dred and  ninety-six  if  the  larger  number  of  votes  upon  the 
question  of  its  acceptance  is  in  the  affirmative,  and  if  so 
accepted  this  act  shall  take  full  efi'ect  on  the  first  Monday 
of  January  next  ensuing.  Approved  May  27,  1896. 

ChaP.4:3Q   ^^   ■^'^^    RELATIVE   TO    THE   PAYMENT    BY   THE   COMMONWEALTH   OK 
THE   EXPENSES  AFPOKTIONED   TO   IT   IN   THE   ABOLITION   OF  GKADK 

CROSSINGS. 

Be  it  enacted,  etc. ,  as  foUoivs : 

1890, 428,  §  10,         Section  1.     Section  ten  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  inserting   after   the   word 
"dollars",  in  the  sixth  line,  the  words: — provided,  that 
if  in  any  year  the  expenditure  by  the  Commonwealth  under 
the  provisions  of  this  act  shall  not  amount  to  five  hundred 
thousand  dollars  the  unexpended  balance  thereof  shall  ])e 
added  to  the  five  hundred  thousand  dollars  allowed  to  be 
paid  by  the  Commonwealth  during  any  subsequent  year,  — 
Amount  to  be     SO  as  to  read  as  follows:  —  Section  10.     The  amount  to 
coramonweaith  be  paid  uudcr  the  provisions  of  this  act  by  the  Common- 
g^radocroishigL  wcaltli  iu  any  one  year  (the  year  l)eginning  with  the  pas- 
sage of  this  act),  shall  not  exceed  five  hundred  thousand 
dollars,  and  the  total  amount  to  be  paid  by  the  Common- 
wealth under  the  provisions  of  this  act  shall  not  exceed 


Acts,  1896.  — Chap.  440.  417 

five  million  dollars  :  j^^'ovided,  that  if  in  any  year  the  ex-  Proviso. 
penditure  by  the  Commonwealth  under  the  provisions  of 
this  act  shall  not  amount  to  five  hundred  thousand  dollars 
the  unexpended  balance  thereof  shall  be  added  to  the  live 
hundred  thousand  dollars  allowed  to  be  paid  by  the  Com- 
monwealth during  any  subsequent  year  ;  and  the  treasurer 
and  receiver  general  of  the  Commonwealth  shall  pay  the 
amount  of  cost  allotted  to  the  state  from  any  money  not 
otherwise  appropriated,  and  is  hereby  authorized,  when 
requested  by  the  governor  and  council  so  to  do,  to  issue 
and  sell  bonds  from  time  to  time,  under  such  terms  and 
conditions,  and  with  a  sinking  fund  for  their  redemption, 
as  shall  l)est  promote  the  welfare  of  the  Commonwealth. 

Section  2.     The  difi'erence  between  the  amounts  here-  certain  amount 
tofore  annually  paid  and  the  five  hundred  thousand  dollars  b/fheCommon- 
allowed  to  be  annually  paid  by  the  Commonwealth  under  umj.'etc'/"^ 
the  provisions  of  section  ten  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  may  be  paid  at  any  time  by  the  Commonwealth 
under  the  provisions  of  said  act,  in  addition  to  the  amounts 
already  allowed  to  be  expended. 

Section  3.     The  estimates  of  the  amounts  to  )3e  paid,  amoTiuTto^be 
and  the  computation  of  the  amounts  paid,  by  the  Common-  {'^"■yi.fjde'""^' 
wealth  under  the  provisions  of  said  chapter  four  hundred  taiu  sums. 
and  twenty-eight,  shall  not  include  the  sums  apportioned 
to  cities  and  towns  and  advanced  by  the  Commonwealth 
under  the  provisions  of  section  seven  of  said  chapter  four 
hundred  and  twenty-eight,   as  amended  by  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-three  and  by  chapter  five  hundred  and 
forty-five   of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four. 

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

Approved  May  28, 1896. 

An  Act  relative  to  the  granting  of  licenses  for  the  sale  /^A^^,  440 
OF    intoxicating    liquor    in    towns    which    are    summer  "' 

RESORTS. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1 .     Section  one  of  chapter  two  hundred  and  ^^^'^  f^'  5 1- 

.     Iff  I.  •  1  •  amended. 

eighty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two  is  hereby  amended  by  striking  out  the  word  "  June  ", 
in  the  thirty-fifth  line,  and  inserting  in  place  thereof  the 


which  are  eum- 
mer  resorts 


418  Acts,  1896.  — Chap.  440. 

Granting  of  word  :  —  April,  — so  as  to  read  as  follows  :  —  Section  1. 
BaTe°onntoxi-^  The  proviso  contained  in  the  last  twelve  lines  of  section 
frcertiinTowna  onc  of  chaptcr  three  hundred  and  forty  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-eight  is  hereby  repealed, 
and  the  following  is  substituted  therefor  :  — provided,  that 
in  towns  having  an  increased  resident  population  during 
the  summer  months  the  selectmen  may,  on  or  before  the 
fifteenth  day  of  May  in  any  year,  apply  to  the  chief  of  the 
bureau  of  statistics  of  labor  to  have  an  enumeration  made 
of  the  temporary  or  summer  residents  of  such  towns. 
The  said  chief  upon  being  thus  requested  shall  proceed  to 
make  such  enumeration,  from  the  twenty-third  to  the 
twenty-eighth  day  of  June  next  following,  under  such 
rules  as  he  shall  establish.  No  person  who  has  not  been  a 
resident  of  such  town  for  a  period  of  at  least  three  days 
preceding  the  enumeration  shall  be  regarded  as  a  tempo- 
rary or  summer  resident  thereof.  The  chief  of  the  bureau 
of  statistics  of  labor  is  authorized  to  employ  for  this  tem- 
porary service  such  number  of  persons  as  may  l)e  neces- 
sary, who  shall  in  all  cases  be  residents  of  the  town,  if 
suitable  and  competent  persons  can  be  found.  If  not  then 
said  chief  may  employ  non-residents.  The  said  chief  shall 
report  the  total  number  of  such  temporary  or  sunmier  resi- 
dents to  the  selectmen  of  the  town  on  or  before  the 
twenty-eighth  day  of  June  aforesaid.  All  expenses  in- 
curred in  making  this  special  enumeration  of  the  inhal)i- 
tants  of  any  town  shall  l)e  ))aid  out  of  the  state  treasury. 
The  state  treasurer  shall  thereupon  issue  his  warrant,  as 
provided  in  section  thirty-one  of  chapter  eleven  of  the 
Public  Statutes,  requiring  the  assessors  of  such  town  to 
assess  a  tax  to  the  amount  of  the  expenses  incurred  in 
making  this  special  enumeration,  and  the  sum  shall  be  col- 
lected and  paid  over  to  the  state  treasurer,  in  the  same 
manner  that  other  state  taxes  are  levied  and  paid.  The 
selectmen  may,  during  the  month  of  April,  receive  appli- 
cations for  such  licenses  and  investigate  and  publish  the 
same ;  and  may  grant  one  such  license  for  each  five  hun- 
dred of  such  temporary  resident  population,  not  including 
the  permanent  inhabitants  of  such  town,  as  ascertained  by 
said  special  enumeration,  to  take  effect  on  the  first  day  of 
July  and  to  expire  on  the  first  day  of  October  next  follow- 
ing, but  no  such  licenses  shall  be  granted  unless  the  town 
at  its  last  annual  town  meeting  has  voted  "Yes",  in 
answer  to  the  question,    "  Shall   licenses  for  the   sale  of 


Acts,  180G.  — Chap.  441.  419 

intoxicating  liquor  bo  granted  in  this  town  ?  "  ;  provided^ 
furtlier,  that  no  such  special  enumeration  shall  be  made 
and  no  such  s[)ecial  licenses  shall  be  granted  in  towns 
having  more  than  five  thousand  permanent  residents,  as 
ascertained  by  the  last  preceding  state  or  national  census, 
Sectiox  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  28,  1896. 


ChapMl 


An  Act  to  kp:visk  the  ciiARTEii  oi-  the  city  of  OLouc'ESTEii. 
Be  it  enacted,  etc. ,  as  follov:s : 

TITLE    1. MUNICII'AL    GOVKRXMENT. 

Section  L  The  inhabitants  of  the  city  of  Gloucester  city  of 
shall  continue  to  be  a  body  politic  and  corporate,  under  ^'""<=^^'«''- 
the  name  of  the  City  of  Gloucester,  and  as  such  sliall  have, 
exercise  and  enjoy  all  the  rights,  innnunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obliga- 
tions now  pertaining  to  and  incumbent  upon  the  said  city 
as  a  munici[jal  cor[)oration. 

Section  2.  The  administration  of  all  the  fiscal,  pruden-  Administration 
tial  and  nuniicipal  affairs  of  said  city,  with  the  government  affairsj'etcr' 
thereof,  shall  be  vested  in  an  executive  department  M'hich 
shall  consist  of  one  officer,  to  be  called  the  mayor,  and  in 
a  legislative  department  which  shall  consist  of  a  single 
body,  to  })e  called  the  city  council,  the  members  whereof 
shall  l)e  called  councilmen.  The  executive  department 
shall  never  exercise  any  legislative  power,  and  the  legisla- 
tive department  shall  never  exercise  any  executive  power. 
The  general  management  and  control  of  the  public  schools 
of  said  city  shall  be  vested  in  a  school  committee. 

Section  3.  The  territory  of  said  city  shall  be  divided  ^'i°e  wards. 
into  nine  wards,  as  hereinafter  provided,  but  said  num})er, 
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  prior  to  and  in  the 
year  of  such  new  division. 

title  2.  —  elections  and  meetings. 

Section  4.     The  municipal  election  shall  take  place  Municipal 
annually    on   the   first    Tuesday    of   December,    and   the  'mu!iit\i,l\'^ 
municipal  year  shall  begin  on  the  first  Monday  of  January  ^'"''' 
following.      All    meetings   of  the   citizens  for  munici])al 
purposes  shall  be  called  by  warrants  issued  by  order  of 
the  city  council,  which  shall  be  in  such  form  and  be  seiwed 


etc. 


420 


Acts,  1896.  — Chap.  441. 


Mayor,  council- 
men  and  mem- 
bers of  school 
committee  to 
be  elected  by 
ballot,  etc. 


Vacancy  in 
office  of  mayor. 


Vacancy  in 
city  council. 


Meetings  for 
election  of 
national,  state, 
etc.,  officers. 


Ward  meetings 
may  be  held  in 
adjacent  ward. 


General  meet- 
ings of  qualified 
voters. 


and  returned  in  such  rocanner  and  at  such  times  as  the 
council  may  by  ordinance  direct. 

Section  5.  At  such  municipal  election  the  qualified 
voters  shall  give  in  their  votes  by  ballot  in  the  several 
wards  for  mayor,  councilmen.and  members  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  be  elected  to  such  office ;  and  whenever 
two  or  more  persons  are  to  be  elected  to  the  same  office 
the  several  persons,  up  to  the  number  required  to  be 
chosen,  receiving  the  highest  number  of  votes  shall  be 
deemed  and  declared  to  be  elected.  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  qualify- 
ing, or  if  a  vacancy  in  said  office  shall  occur  more  than 
three  mouths  previous  to  the  expiration  of  the  municipal 
year,  the  city  council  shall  forthwith  cause  warrants  to 
be  issued  for  a  new  election,  and  the  same  proceedings 
shall  be  had  in  all  respects  as  are  hereinbefore  provided 
for  the  election  of  mayor,  and  shall  be  repeated  until  the 
election  of  the  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  more 
than  six  months  previous  to  the  expiration  of  the  munici- 
l^al  year,  the  council  shall  forthwith  cause  a  new  election 
to  be  held  to  fill  the  vacancy  or  vacancies. 

Section  6.  All  meetings  for  the  election  of  national, 
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  be  had  within  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  an  adjacent 
ward  of  the  city ;  and  for  such  purpose  the  place  so 
assigned  shall  be  deemed  and  taken  to  be  a  part  of  the 
ward  for  which  the  election  is  held. 

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


Acts,  1896 — Chap.  441.  421 


TITLE    6.  THE    LEGISLATIVE    DEPARTMENT. 

Section  9.  The  members  of  the  city  council  shall  ^/g%';°^"°^'/^ 
consist  of  councilmen  at  large  and  councihnen  from  wards,  etc. 
and  shall  be  elected  annually  as  follows  :  —  Eight  council- 
men  at  large  shall  be  elected  by  and  from  the  qualified 
voters  of  the  city,  and  in  voting  for  councilmen  at  large 
no  voter  shall  vote  for  more  than  five,  and  the  eight  hav- 
ing the  hisfhest  number  of  votes  shall  be  declared  elected  ; 
and  three  councilmen  from  each  ward  shall  be  elected  by 
and  from  the  qualified  voters  in  each  ward.  The  council- 
men  shall  hold  office  for  the  municipal  year  beginning 
with  the  first  Monday  in  January  following  their  election 
and  until  a  majority  of  the  succeeding  council  shall  be 
elected  and  qualified.  They  shall  receive  no  compensa- 
tion for  their  services. 

Section  10.  The  mayor  elect  and  the  councilmen  oath  of  office 
elect  shall  annually  on  the  first  Monday  in  January,  at  cou™cUmen'! 
twelve  o'clock,  noon,  meet  and  be  sworn  to  the  faithful 
discharge  of  their  duties.  The  oath  shall  be  administered 
by  the  city  clerk,  or  in  case  of  his  absence  by  any  justice 
of  the  peace,  and  shall  be  duly  certified  on  the  journal  of 
the  city  council.  In  case  of  the  absence  of  the  mayor 
elect  on  the  first  Monday  in  January,  or  if  a  mayor  shall 
not  then  have  been  elected,  the  oath  of  ofiice  may  at  any 
time  thereafter  be  administered  to  him  in  the  presence  of 
the  council ;  and  at  any  time  thereafter  in  like  manner  the 
oath  of  ofiice  may  be  administered  to  any  member  of  the 
council  who  has  been  previously  absent,  or  has  been  sub- 
sequently elected ;  and  every  such  oath  shall  be  duly  cer- 
tified as  aforesaid. 

Section  11.  After  the  oath  has  been  administered  to  city  council, 
the  councilmen  present  they  shall  be  called  to  order  by  11^^'^'^^^'°''. 
the  city  clerk,  or  in  case  of  the  absence  of  the  clerk  by  the 
senior  member  present.  The  council  shall  then  proceed 
to  the  election  of  a  presiding  ofiicer,  who  shall  be  elected 
by  a  majority  ballot  of  all  the  members  of  said  council, 
from  their  own  number.  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  is  present.  If  on  the  first 
day  on  which  a  quorum  is  present  no  person  receives  the 
votes  of  such  majority  the  roll  call  shall  be  repeated  until 
some  person  receives  the  votes  of  such  majority  or  an 
adjournment  to  the  succeeding  day  is  taken,  and  on  such 


422 


Acts,  1896.  — Chap.  441. 


Special  meet- 
ings of  city 
council. 


To  determine 
rules  of  its 
proceedings,  be 
judge  of  elec- 
tion of  its 
members,  etc. 


Quorum,  etc. 


To  elect 
treasurer,  city 
clerk,  etc. 


succeeding  day  a  plurality  of  those  voting  shall  be  suffi- 
cient for  an  election.  No  other  business  shall  be  in  order 
until  a  president  is  chosen.  The  president  shall  be  sworn 
by  the  city  clerk,  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  clerk,  in  the  same  manner  as  above- 
provided  for  the  choice  of  president,  and  no  other  busi- 
ness shall  be  in  order  until  a  clerk  is  chosen.  The 
president  and  the  clerk  or  either  of  them  may  be  removed 
from  office  by  a  two  thirds  vote  of  all  the  members  of  the 
council,  taken  by  roll  call.  The  president  of  the  council 
shall  have  the  same  right  to  vote  as  any  other  member 
thereof.  The  clerk  of  the  council  shall  also  be  city  clerk, 
but  the  two  offices  shall  be  independent.  The  clerk  of 
the  council  shall  keep  a  journal  containing  a  record  of  the 
proceedings  of  the  council  and  a  record  of  all  votes  taken 
by  roll  call,  and  he  shall  engross,  sign  and  attest  all  ordi- 
nances and  resolutions  of  the  council. 

Section  12.  The  mayor  may  at  any  time  call  a  special 
meeting  of  the  city  council  by  causing  written  notification 
thereof  to  be  left  at  the  usual  place  of  residence  of  each 
member  of  the  council,  at  least  twenty-four  hours  before 
the  time  appointed  for  such  meeting. 

Section  13.  The  city  council  shall  determine  the  rules 
of  its  own  proceedings  and  shall  be  the  judge  of  the  elec- 
tion, returns  and  qualifications  of  its  own  members.  In 
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,  and  the  journal  of  its  proceedings  shall 
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  two  members.  A  majority  of  the 
members  of  the  council  shall  be  required  to  constitute  a 
quorum,  but  a  smaller  number  may  adjourn  from  day  to 
day.  The  council  shall,  so  far  as  not  inconsistent  with 
this  act,  have  and  exercise  all  the  legislative  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  Commonwealth,  and  it  may 
by  ordinance  prescribe  the  manner  in  which  such  powers 
shall  be  exercised. 

Section  14.  The  city  council  shall  annually  in  the 
month  of  January  elect  by  a  majority  vote  of  all  its  mem- 


Acts,  1896.  — Chap.  441.  423 

bers,  a  treasurer,  a  collector  of  taxes,  who  may  be  the 
treasurer,  a  city  clerk,  and  au  auditor,  who  shall  hold 
office  from  the  first  Monday  of  the  following  February 
and  until  their  successors  are  chosen  and  qualified :  j^ro-  proviso 
vided.,  however^  that  either  of  the  officers  named  in  this 
section  may  be  removed  at  any  time  by  said  city  council 
for  sufficient  cause,  by  a  two  thirds  vote  of  all  its  mem- 
bers. The  said  treasurer,  collector  of  taxes,  city  clerk, 
and  auditor,  shall  perform  such  duties  as  may  be  pre- 
scribed by  ordinance,  and  they  shall  perform  all  the  duties 
and  exercise  all  the  power  incumbent  by  law  upon  them. 

Sectiox  15.  The  city  council  shall,  with  the  approval  |f^^f  g'tc*^''" 
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  or  betterments  sustained  by  any  person  thereby, 
and  further,  except  as  herein  otherwise  provided,  to  act  in 
all  matters  relating  to  such  laying  out,  locating  anew,  alter- 
ing, discontinuing  or  repairing.  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. 

Section  16.     In  case  any  ordinance,  order,  resolution  Majority  vote 

,         •  1  ji  '  •    J.*  Ti.  i!    of  all  members 

or   vote    involves   the    approj)riation    or   expenditure    ot  necessary  for 
money  to  an    amount   which   may    exceed  one    hundred  cenai^n  ord1°^ 
dollars,  the  laying  of  an  assessment,  or  the  granting  to  nances,  etc. 
a  person  or  corporation  of  any  right  over  or  under  any 
street  or  other  public  ground  of  said  city,  the  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  seven  days  between  the  two  readings,  before  being 
finally  passed,  and  the  vote  upon  its  final  passage  shall  l)e 
taken  by  roll  call. 

Section  17.     The  city  council  shall  have  power  within  city  council 
said  city  to  make  and  establish  ordinances  and  by-laws  "dlnlnces  and 
and  to  affix  thereto  penalties  as  herein  and  by  general  law  pen'ruie'sr^c. 
provided,    without  the   sanction   of  any  court  or  justice 
thereof:  provided^  hoioevei\  that  all  laws  and  regulations  proviso. 
now  in  force  in  the   city  of  Gloucester  shall  remain  in 
force  until  they  shall  expire  by  their  own  limitation,  or 
be  revised  or  repealed  by  the  council.     Complaint  for  the 


424 


Acts,  1896.  — Chap.  441. 


Fire  depart 
ment. 


Police  depart 
ment. 


breach  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. 

Section  18.  The  city  council  shall  establish  a  fire 
department  for  said  city,  to  consist  of  a  chief  engineer 
and  assistant  engineers  not  exceeding  nine,  and  of  such 
officers  and  members  as  the  city  council  by  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  their  conduct 
and  the  government  of  such  department,  the  management 
of  fires  and  the  conduct  of  persons  attending  fires,  as  they 
may  deem  expedient,  and  may  fix  penalties  for  the  viola- 
tion of  such  regulations.  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. 

Section  19.  The  city  council  shall  establish  by  ordi- 
nance a  police  department,  to  consist  of  a  chief  of  police 
and  such  other  members  as  it  may  prescribe,  and  shall 
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  20.  At  any  meeting  of  the  city  council  it 
office  for  official  ghall  bc  in  ordcr  for  any  member  thereof  to  cive  written 

miscoDcluct  or  .  i     i    •  ...  .       .  r»      ii     i 

neglect  of  duly,  notice,  sccoudcd  in  writing  by  a  majority  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  council,  and 
the  clerk  shall  within  two  days  serve  a  copy  thereof  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  effect,  and  shall 
not  be  reintroduced  during  that  meeting  of  the  council. 
If  it  receives  the  affirmative  votes  of  three  fourths  of  all 


Mayor  may  be 
removed  from 


Acts,  1896.  — Chap.  441.  425 

the  members  of  the  council  it  shall,  upon  the  service  of  a 
copy  thereof  upon  the  mayor,  personally,  or  by  leaving 
the  same  at  his  last  or  usual  place  of  residence,  take  effect, 
and  the  office  of  mayor  shall  thereupon  become  vacant. 
The  council  shall  thereupon  order  a  warrant  for  a  new 
election  for  mayor  to  be  issued,  and  such  further  proceed- 
ings shall  be  had  as  are  provided  in  section  five  hereof  in 
,the  case  of  a  failure  to  elect  a  mayor. 

Section  21.     No  meml^er  of  the  city  council  shall  dur-  Members  of 
ing  the  term  for  which  he  is  elected  hold  any  other  office  hold  other  cuy 
in  or  under  the  city  government,  have  the  expenditure  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  mu- 
nicipal year  within  which  he  is  councilman. 

TITLE    4. EXECUTIVE    DEPARTMENT. 

Section  22.     The  executive  powers  of  the  city  shall  be  Executive 
vested  solely  in  the  mayor,  and  may  be  exercised  by  him  fn  mryoireiu:*! 
either  personally  or  through  the  several  officers  and  boards 
of  the  city  in  their  departments,  under  his  general  super- 
vision and  control.      In  case  of  a  vacancy  in  any  office  to 
which  appointment  may  be  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  begin-  Term  of  office. 
ning  with  the  first  Monday  in  January  following  his  elec- 
tion, unless  sooner  removed,  and  until   his  successor  is 
elected  and  qualified. 

Section  23.  The  mayor  shall  have  the  sole  power  of  ^Trim^l"'' 
appointment  to  all  the  municipal  offices  established  by  or  of  municipal 
under  this  act,  unless  herein  otherwise  provided ;  and  he 
may  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 
assign  in  his  order  of  removal.  Such  office  shall  become 
and  be  vacant  upon  the  filing  with  the  city  clerk  of  such 
order  of  removal  and  the  service  of  a  copy  thereof  upon 
the  officer  so  removed,  either  personally  or  by  leaving  the 
same  at  his  last  or  usual  place  of  business.  The  city 
clerk  shall  keep  such  order  of  removal  on  file,  where.it 
shall  be  open  to  public  inspection. 


426 


Acts,  1896.  — Chap.  441. 


Salary  of 
mayor. 


By  whom  duties 
may  be  per- 
formed in  case 
of  disability  of 
mayor. 


President  of 
council  to  act 
as  mayor  in 
case  of  vacancy. 


School  com. 
miltee,  election, 
terms,  etc. 


Section  24.  The  Scalaiy  of  the  mayor  shall  be  twelve 
hundred  dollars  per  annum,  and  such  additional  sum  as 
the  city  council  may  establish  by  ordinance  passed  by  vote 
of  two  thirds  of  all  its  members,  such  ordinance  not  to 
take  eifect  however  until  the  year  succeeding  that  in  which 
it  is  passed. 

Section  25.  Whenever  by  reason  of  sickness  or  ab- 
sence from  the  city  or  other  cause  the  mayor  shall  be 
disabled  from  performing  the  duties  of  his  office  he  may 
designate  by  a  writing  filed  in  the  office  of  the  city  clerk, 
either  the  city  treasurer  or  the  city  clerk  to  act  as  mayor, 
or  in  case  of  the  failure  of  the  mayor  to  make  such  desig- 
nation the  first  named  of  the  above-mentioned  officers 
then  performing  the  duties  of  his  office  shall  act  as  mayor. 
Such  officer  shall,  during  the  continuance  of  such  dis- 
ability, have  all  the  rights  and  powers  of  mayor,  except 
that  he  shall  not  when  so  acting  have  the  power  of  removal, 
unless  thereto  in  any  instance  authorized  by  vote  of  the 
city  council,  nor  any  power  of  appointment  unless  such 
disability  of  the  mayor  has  continued  for  a  period  of  thirty 
days,  nor  power  to  approve  or  disapprove  any  ordinance, 
order,  resolution  or  vote  until  within  twenty-four  hours 
of  the  time  when  it  would  take  effect  w  ithout  the  approval 
of  the  mayor.  In  case  such  disability  of  the  mayor  con- 
tinues 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. 

Section  '2Q.  Whenever  there  shall  be  a  vacancy  in  the 
office  of  mayor  the  president  of  the  city  council  shall  act 
as  mayor  and  possess  all  the  rights  and  powers  of  mayor 
during  such  vacancy,  except  that  w^hen  so  acting  as  mayor 
he  shall  not  have  the  power  of  appointment  or  removal 
unless  thereto  in  any  instance  authorized  by  vote  of  the 
council. 

title  5. — SCHOOL  committee. 

Section  27.  The  school  committee  shall  consist  of  the 
mayor,  who  shall  be,  ex  officio,  chairman  of  the  board, 
and  nine  other  persons,  three  to  be  chosen  at  each  munic- 
ipal election  and  to  hold  office  for  the  term  of  three  years 
from  the  first  Monday  in  January  next  ensuing.  The 
present  school  committee  shall  continue  to  hold  office  until 
the  expiration  of  the  term  for  which  they  were  elected. 
The  school  committee  shall  serve  without  pay,  and  shall 


Acts,  1896.  — Chap.  441.  427 

have  the  care  and  superintendence  of  the  public  schools 
and  the  appomtment  of  all  janitors  of  school  buildings, 
who  shall  be  under  their  direction  and  control.  All  the 
rights  and  obligations  of  the  city  of  Gloucester  in  relation 
to  the  grant  and  appropriation  of  money  to  the  support  of 
the  schools,  and  the  special  powers  and  authority  hereto- 
fore conferred  by  law  upon  the  inhabitants  of  said  city  to 
raise  money  for  the  support  of  schools  therein,  shall  be 
merged  in  the  powers  and  obligations  of  the  city  under 
this  charter,  to  be  exercised  in  the  same  manner  as  over 
other  subjects  of  taxation  ;  and  all  grants  and  appropria- 
tions of  money  for  the  support  of  schools  and  the  erection 
and  repair  of  schoolhouses  in  said  city  shall  be  made  by 
the  city  council,  in  the  same  manner  as  grants  and  aj^pro- 
priations  are  made  for  other  city  purposes. 

Section  28.     Should  there  fail  to  be  a  choice  of  mem-  vacancy. 
bers  of  the  school  committee  the  vacancies  shall  be  filled 
by  a  joint  ballot  of  the  city  council  and  school  committee, 
and  vacancies  thereafter  occurring  shall  be  filled  in  like 
manner. 

Section  29.     The  school  committee  shall  on  the  first  Superintendent 

-» «■         1  •        T  J 1  <'  11  °^  schools, 

Monda}'^  in  June,  or  as  soon  thereatter  as  may  be,  choose  election,  term, 

by  vote  of  a  majority  of  its  members,  but  not  from  their 

number,  a  superintendent  of  schools,  who  shall  be  under 

their  direction  and  control.     Such  superintendent  shall 

hold  ofiice  for  the  term  of  one  year  from  the  first  Monday 

in  July  in  the  year  of  his  election,  unless  sooner  removed, 

and  until  his  successor  is  chosen  and  qualified ;  and  he 

may  be  removed  at  any  time  by  the  school  committee,  by 

vote  of  a  majority  of  its  members. 

TITLE    6.  ADMINISTRATIVE    OFFICERS. 

Section  30.     There  shall  be  the  following  administra-  Administratiye 
tive  officers,  who  shall  perform  the  duties  imposed  upon  men^  duties,'" 
them  respectively  by  law  and  by  this  act,  and  such  further  ^"'' 
duties,  not  inconsistent  with  the  nature  of  their  respective 
offices,  as  the  city  council  may  prescribe.     Three  highway 
commissioners,  who  together  shall  constitute  the  board  of 
highway  commissioners.     No  person  shall  be  appointed 
commissioner  who   is  not  a  legal  voter  of  said   city  or 
who  holds  at  the  time  any  city  office  by  popular  election. 
Any  commissioner,  after  due  notice  and  hearing,  may  he 
removed  at  any  time  by  a  two  thirds  vote  of  the  city 


428 


Acts,  1896.  — Chap.  441. 


Administrative 
officers,  ap- 
pointment, 
duties,  etc. 


council,  for  any  cause  which  shall  be  deemed  sufficient 
and  shall  be  expressed  in  the  order  of  removal.  Said 
board  shall  have  the  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  sewers  and  drains,  c.  Of  the 
construction,  alteration,  repair,  care  and  maintenance  of 
public  bridges.  No  person  or  corporation  authorized  by 
the  city  council  to  dig  up  any  public  street  or  sidewalk  in 
said  city  shall  begin  such  digging  before  furnishing  to  such 
commissioners  security  satisfactory  to  them  to  restore  such, 
street  or  sidewalk  to  its  former  condition.  The  highway 
commissioners  shall,  except  as  herein  otherwise  provided, 
have  exclusively  the  powers  and  be  subject  to  the  duties, 
liabilities  and  penalties  which  by  law  are  given  to  and 
imposed  upon  road  commissioners  in  towns.  A  commis- 
sioner of  public  buildings,  who  shall  have  the  direction 
and  control  of  the  construction,  alteration,  repair  and  care 
of  public  buildings ;  except  that  the  care  of  all  school 
buildings  shall  be  in  the  control  of  the  school  committee, 
and  that  the  care  of  the  Huntress  Home  shall  be  under  the 
control  of  the  trustees  of  said  home.  Said  commissioner 
shall  also  be  inspector  of  buildings.  A  city  solicitor,  who 
shall  have  general  charge  of  the  law  business  of  the  city, 
and  shall  attend  to  all  proceedings  at  law  or  in  equity  to 
which  the  city  is  a  party,  and  to  all  claims  against  the  city. 
He  shall  give  in  writing  his  legal  opinioi\  upon  any  of  the 
municipal  affairs  of  the  city,  upon  request  of  the  mayor  or 
council,  and  shall  also  give  his  opinion  upon  the  law  rela- 
ting to  the  municipal  affairs  in  any  department,  on  request 
of  the  head  of  such  department.  Three  principal  assess- 
ors, who  together  shall  constitute  the  board  of  assessors, 
one  of  whom  shall  be  designated  by  the  mayor  as  chair- 
man and  one  as  secretary.  There  shall  be  appointed 
annually  in  the  month  of  January  as  many  assistant 
assessors  as  there  are  wards  in  the  city,  and  one  assistant 
assessor  shall  be  assigned  to  each  ward  of  the  city  by  the 
principal  assessors.  Three  overseers  of  the  poor,  who 
together  shall  constitute  the  board  of  overseers  of  the  poor, 
one  of  whom  shall  be  designated  by  the  mayor  as  chair- 
man, and  one  as  secretary.  A  chief  of  police.  A  chief 
engineer  of  the  fire  department.  Five  park  commission- 
ers, who  together  shall  constitute  the  board  of  park  com- 
missioners, and  who  shall  have  the  powers  and  duties  of 


Acts,  1896.  — Chap.  441.  429 

park  commissioners  under  general  law.  A  city  physician.  Administrative 
Three  persons,  who  together  shall  constitute  the  board  of  pointmencr 
health,  one  of  whom  shall  be  the  city  physician.  The  '^"''''''' «"=• 
members  of  said  board  shall  be  commissioners  of  public 
burial  grounds,  and  shall  have  the  direction  and  control 
of  the  laying  out  and  caring  for  public  burial  places  and 
all  work  in  and  upon  the  same.  The  trustees  of  the 
Huntress  Home,  appointed  in  accordance  with  law.  Three 
license  commissioners,  who  together  shall  constitute  the 
board  of  license  commissioners,  and  shall  have  the  powers 
and  duties  of  license  commissioners  under  general  law.  A 
city  engineer,  who  shall  be  the  present  incumbent,  or  some 
person  who  has  been  educated  at  a  technical  school  or 
has  had  four  years'  experience  with  some  engineer  of 
acknowledged  reputation.  The  first  appointment  of  high- 
way commissioners,  principal  assessors  and  overseers  of 
the  poor  under  this  act  shall  be  made  in  the  month  of  Jan- 
uary next  following  its  acceptance.  One  member  of  each 
of  said  boards  shall  then  be  appointed  to  hold  office  for 
the  term  of  one  year,  one  for  two  years  and  one  for  three 
years  from  the  first  jNIonday  in  February  next  following 
his  appointment ;  and  thereafter  one  member  of  each  of 
said  boards  shall  be  appointed  in  the  month  of  January  in 
each  year  to  serve  for  the  term  of  three  years  from  the 
first  Monday  in  February  then  next  ensuing.  The  other 
administrative  ofiicers  and  members  of  other  boards  men- 
tioned in  this  section  shall,  unless  otherwise  provided  by 
this  act,  or  by  law,  be  appointed  annually  in  the  month  of 
January,  and  shall  hold  office  for  the  term  of  one  year 
from  the  first  Monday  in  February  next  following  their 
appointment.  All  of  said  officers,  including  members  of  ^a^'il'udes^e'tc' 
said  boards,  shall  be  sworn  to  the  faithful  discharge  of 
their  duties,  and  shall  hold  office  until  their  respective 
successors  are  appointed  and  qualified,  unless  sooner  re- 
moved. Vacancies  may  be  filled  by  appointment  for  the 
remainder  of  the  term.  The  city  council  may  by  ordi- 
nance establish  additional  administrative  offices  and  define 
the  duties  of  the  incumbents  thereof,  and  such  offices  shall 
be  subject  to  the  provisions  of  this  act. 

Section  31.     Each  of  the  above-named  boards  shall  at  to electa 

/T.  •  i^-Hi/.-T-ii  chairman,  etc 

its  first  meeting  on  the  first  Monday  of  February  in  each 
year,  or  as  soon  thereafter  as  may  be,  choose  by  ballot  a 
permanent  chairman  from  among  its  members,  unless 
otherwise   above-provided.     No    person  shall  be  chosen 


430 


Acts,  1896.  — Chap.  441. 


Accounts  to 
be  audited 
monthly,  etc. 


Certain  officers 
to  be  entitled  to 
Beats  with  city 
council,  etc. 


To  give  certain 

information, 

etc. 


Proviso. 


May  appoint  or 
remove  clerks, 
etc. 


permanent  chairman  unless  he  shall  receive  the  votes  of  a 
majority  of  the  members  of  the  board,  and  he  may  be 
removed  from  such  chairmanship  by  the  same  vote.  Each 
of  said  boards  shall,  unless  it  has  a  clerk  as  hereinbefore 
provided,  choose  a  secretary  from  among  its  members,  in 
the  same  manner  as  above-prescribed  for  the  choice  of  a 
chairman,  and  may  remove  him  in  the  same  manner.  The 
city  council  may  provide  for  the  payment  of  any  such 
clerk  or  secretary. 

Section  32.  The  auditor  of  accounts  shall  on  the  first 
business  day  of  every  month  audit  all  accounts  in  which  the 
city  is  concerned  as  debtor  or  creditor,  and  shall  report  to 
the  council  as  it  shall  direct.  He  shall  have  access  at  all 
times  durinof  business  hours  to  all  the  books  and  vouchers 
of  the  city  treasurer. 

Section  33.  The  mayor,  the  chairman  of  the  school 
committee,  the  treasurer,  the  city  clerk,  the  auditor,  all 
of  the  administrative  officers  above-named  other  than  the 
members  of  boards,  and  the  chairmen  of  the  above-named 
boards,  shall,  ex  officio,  be  entitled  to  seats  with  the  city 
council.  All  the  officers  above-named  shall  at  the  request 
of  the  council  answer  for  their  respective  offices,  com- 
mittees and  boards  at  the  meetings  of  the  council.  In 
case  the  chairman  of  a  board  is  unable  to  be  present  at 
any  such  meeting  he  may  designate  another  member  of 
the  board  to  represent  it  at  such  meeting.  The  said 
officers  shall  be  notified  in  like  manner  with  the  council- 
men  of  all  the  meetings  of  the  council.  They  shall  have 
the  right  to  speak  upon  all  matters  relating  to  their  re- 
spective departments,  but  upon  no  other  matters,  and 
shall  have  no  right  to  vote.  They  shall  give  such  infor- 
mation as  may  be  required  by  the  members  of  the  council 
and  answer  such  questions  as  may  be  asked  by  the  mem- 
bers in  relation  to  any  matter,  act  or  thing  connected  with 
their  respective  offices  or  the  discharge  of  the  duties 
thereof:  provided,  however,  that  any  such  officer  may 
refuse  to  answer  any  question  if  notice  thereof  has  not 
been  given  at  least  three  days  before  the  time  of  the  meet- 
ing, in  a  notice  book  to  be  provided  for  the  purpose  by 
the  city  clerk  and  kept  in  his  office,  unless  the  council 
shall  vote  that  the  question  is  of  such  urgency  and  of  such 
nature  that  it  should  be  answered  without  notice. 

Section  34.  The  administrative  officers  and  boards 
above-named  in  this  title,  and  all  administrative  officers 


Acts,  1896.  — Chap.  441.  431 

and  boards  hereafter  established  by  the  city  council  and 
not  coming  within  the  department  of  any  officer  or  board 
so  above-named,  shall  have  the  power,  except  as  herein 
otherwise  provided,  to  appoint  or  employ  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  grounds 
therefor,  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,  who  shall  record  the  same  in  a  book  provided  for 
the  purpose,  which  book  shall  be  open  to  public  inspec- 
tion. The  above-named  administrative  officers  and  boards  May  make 
shall,  in  their  respective  departments,  make  all  necessary  contracu%tc. 
contracts  for  work  and  for  the  furnishing  of  materials  and 
supplies  for  the  city,  and  for  the  construction,  alteration, 
repair  and  care  of  all  public  works,  institutions,  build- 
ings and  other  property,  subject  to  the  approval  of  the 
mayor  in  writing.  They  shall  be  at  all  times  accountable 
to  the  mayor  as  the  chief  executive  officer,  for  the  proper 
discharge  of  their  duties. 

Section   35.     Every  board,   and  every  officer  above-  Record  of 
1,  1         i'lTiTii  1/?  official  trans- 

named  not  a  member  or  a  board,  shall  keep  a  record  or  actions  to  be 

all  official  transactions,  and  such  record  shall  be  open  to  ^^^^' 

public  inspection. 

Section  36.     The  city  council  shall  require  the  auditor  certain  officers 

of  accounts,  the  treasurer,  and  such  other  officers  as  are  etcf ^^ 

entrusted   with   the   receipt,    care   and    disbursement   of 

money,  to  give  bonds  with  such  security  as  it  shall  deem 

proper,  for  the  faithful  discharge  of  their  respective  duties. 

TITLE    7. GENERAL   PROVISIONS. 

Section  37.  Every  person  elected  or  appointed  to  the  oath  of  office 
office  of  treasurer,  collector  of  taxes,  city  clerk,  auditor  officers, 
of  accounts,  or  to  any  administrative  office  named  in  the 
preceding  title  of  this  act  shall,  within  five  days  after 
notice  of  such  election  or  appointment,  except  as  herein 
otherwise  provided,  take  and  subscribe  before  the  mayor 
or  city  clerk  or  a  justice  of  the  peace,  an  oath  or  affirma- 
tion, faithfully  to  perform  the  duties  of  his  office,  which 
oath  or  affirmation,  or  a  certified  copy  thereof,  shall  be 
filed  in  the  office  of  the  city  clerk. 


432 


Acts,  1896.  — Chap.  441. 


Certain  persons 
not  eligible  for 
election,  etc. 


Offices  to 
become  vacant 
for  certain 
causes. 


To  furnish 
estimate  of 
expenses 
for  ensuing 
financial  year, 
etc. 


Officers  to  give 
certain  infor- 
mation upon 
request. 


Salaries  of 
officers. 


Section  38.  No  person  shall  be  eligible  for  election  or 
appointment  to  any  office  established  by  this  act  unless  at 
the  time  of  such  election  or  appointment  he  has  been  a 
citizen  of  the  United  States  for  at  least  one  year,  nor  to 
any  such  office  except  the  offices  of  highway  commissioner 
and  commissioner  of  public  buildings,  chief  of  police  and 
chief  engineer  of  the  fire  department,  unless  at  the  time 
of  such  election  or  appointment  he  has  been  a  resident  of 
the  city  for  at  least  one  year.  No  person  shall  be  eligible 
for  election  as  a  councilman  from  wards  unless  he  has 
been  a  resident  of  the  ward  for  which  he  is  elected  for  six 
months  previous  to  his  election. 

Section  39.  Any  office  established  by  or  under  this 
act  shall,  except  as  otherwise  provided,  become  vacant  if 
the  incumbent  thereof  ceases  to  be  a  resident  of  the  city. 
The  conviction  of  the  incumbent  of  any  such  office  of  a 
crime  punishable  by  imprisonment  shall  operate  to  create 
a  vacancy  in  the  office  held  by  him. 

Section  40.  The  administrative  officers  and  boards 
named  in  title  six  shall  annually,  on  or  before  the  first 
day  of  March,  furnish  to  the  mayor  an  itemized  and  de- 
tailed estimate  of  the  moneys  required  for  their  respective 
departments  or  offices  during  the  ensuing  financial  year. 
The  mayor  and  city  treasurer  shall  examine  such  estimates 
and  shall  submit  the  same  to  the  city  council  on  or  before 
the  first  day  of  April,  with  their  itemized  and  detailed 
recommendations  thereon.  No  gross  appropriation  of 
money,  and  no  item  thereof  in  excess  of  the  recommenda- 
tions of  the  mayor  and  city  treasurer,  in  case  they  shall 
agree  in  such  recommendations,  shall  be  passed  by  the 
council,  except  by  vote  of  two  thirds  of  the  members 
present  and  voting,  and  in  no  case  by  vote  of  less  than 
a  majority  of  all  the  members  of  the  council. 

Section  41 .  Every  officer  and  employee  of  the  city, 
other  than  those  mentioned  in  section  thirty-three  of  this 
act,  shall  at  the  request  of  the  city  council  appear  before 
it  and  give  such  information  as  it  may  require  in  relation 
to  any  matter,  act  or  thing  connected  with  his  office  or 
employment  or  the  discharge  of  the  duties  thereof. 

Section  42.  The  city  council  shall  establish  by  ordi- 
nance the  regular  salaries  or  remuneration  of  the  offices 
established  l)y  this  act,  in  case  the  same  is  not  fixed  herein, 
and  of  such  other  offices  as  may  hereafter  be  established, 
and  no  ordinance  of  the  council  changing  any  such  salary 


Acts,  1896.  — Chap.  441.  433 

or  remuneration  shall  take  effect  until  the  municipal  year 
succeeding  that  in  which  the  ordinance  is  passed.  Such 
salaries  shall  be  in  full  for  all  services  rendered  the  city 
by  the  incumbents  of  the  respective  offices  in  the  discharge 
of  the  duties  thereof. 

Section  43.    The  city  council  shall  appropriate  annually  Appropriation, 
on  or  before  the  first  day  of  April  the  amount  necessary  to  ^  '^' 
meet  the  expenditures  of  the  city  for  the  current  municipal 
year.     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  entrusted 
with  the  receipt,  custody  or  disbursement  of  money.     It  ^g^^p,"*„°fd 
shall  as  often  as  once  in  each  year,  thirty  days  at  least  ^''P^°(^,''"'jf^^  *** 
prior  to  the  annual  election,  cause  to  be  published  for  the  etc. 
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  del^t. 

Section  44.     No  sum  appropriated  for  a  specific  pur-  Appropriations 

,1,     ,  ii/»ji  1  and  expendl- 

pose  shall  be  expended  tor  any  other  purpose,  and  no  turea. 
expenditure  shall  be  made  nor  liability  incurred  by  or  in 
behalf  of  the  city  until  an  appropriation  has  been  duly 
voted  by  the  city  council  sufficient  to  meet  such  expendi- 
ture or  liability,  together  with  all  prior  unpaid  liabilities 
which  are  payable  out  of  such  appropriation :  provided,  ProviBo. 
however,  that  after  the  expiration  of  the  financial  year  and 
until  the  passage  of  the  regular  annual  appropriations 
liabilities  payable  out  of  a  regular  appropriation  to  be 
contained  therein  may  be  incurred  to  an  amount  not  ex- 
ceeding one  third  of  the  total  of  such  appropriation  for 
the  preceding  year. 

Section  45.  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,  entitled  "  An  Act  to  improve  the  civil  service 
of  the  Commonwealth  and  the  cities  thereof",  or  of  any 
acts  in  amendment  thereof  or  in  addition  thereto,  or  of 
the  rules  made  by  the  commissioners  appointed  there- 
under ;  and  the  city  council  shall  make  sufficient  and 
proper  appropriations  for  the  carrying  out  and  enforce- 
ment of  said  act  and  such  rules  in  said  city. 

Section  46.  All  contracts  made  by  any  department  pertain  con- 
of  the  city  shall,  when  the  amount  involved  is  five  hun-  approved  by 
dred  dollars  or  more,  be  in  writing,  and  no  such  contract  ™''^°'^' 


43i  Acts,  1896.  — Chap.  441. 

shall  be  deemed  to  have  been  made  or  executed  until  the 
approval  of  the  mayor  is  affixed  thereto.  All  such  con- 
tracts shall  be  accompanied  by  a  bond  with  sureties  satis- 
factory to  the  board  or  committee  having  the  matter  in 
charge,  or  by  deposit  of  money  or  by  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  by  a  written  agree- 
ment of  the  contractor,  the  sureties  on  his  bond,  and  the 
officer  or  board  making  the  contract,  with  the  approval  of 
the  mayor  affixed  thereto. 
M°^iieB^Vtr  Section  47.  Whenever  mechanical  or  other  work  is 
required  to  be  done,  or  supplies  are  required  for  the  city, 
at  a  cost  amounting  to  two  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 
proposals  in  answer  to  such  advertisements,  and  also  to 
state  the  right  of  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  certificate  of 
deposit  for  not  less  than  twenty-five  dollars,  and  in  no 
case  for  less  than  five  per  cent,  of  the  amount  of  the  pro- 
posal, 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  inspec- 
tion after  said  proposals  have  been  accepted  or  rejected. 
Should  the  party  to  whom  the  award  is  made  fail  to 
perform  the  obligations  of  his  agreement  the  amount  of 
the  certificate  of  deposit  shall  be  forfeited  to  the  city. 
i?i°em°i*o^mrnt'  Section  48.  Neither  the  city  council  nor  any  member 
of  labor,  etc.  or  committec  thereof  shall  directly  or  indirectly  take  part 
in  the  employment  of  labor,  the  making  of  contracts,  the 
purchase  of  materials  or  supplies,  the  construction,  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  administrative 
business  of  the  city,  or  in  the  expenditure  of  public  money, 
except  such  as  may  be  necessary  for  the  contingent  and 
incidental  expenses  of  the  city  council,  nor  in  the  appoint- 
ment or  removal  of  any  officers  except  as  herein  provided  ; 
but  nothing  in  this  section  contained  shall  affect  the  powers 


Acts,  1896.  — Chap.  Ml.  435 

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  49.     The  fire  limits  of  said  city  of  Gloucester  Fireiimits. 
shall  remain  as  they  now  are,  provided  however  that  they 
may  be  extended  at  any  time  by  a  majority  vote  of  the 
city  council. 

Section  50.     This  act  shall  not  afiect  any  right  accru-  certain  rights, 
ing  or  accrued,  or  any  suit,  prosecution  or  other  legal  affected. 
proceeding  pending  at  the  time  when  it  shall  take  eflect 
by  acceptance,   as  herein  provided,   and   no  penalty  or 
forfeiture   previously  incurred  shall  be  affected  thereby. 
All  persons  holding  office  in  said  city  at  the  time  this  act  certain  pereons 
is  accepted  shall  continue  to  hold  such  offices  until  the  office"  '°"^ '° 
new  city  government  is  organized  and  until  their  respec- 
tive successors  are  chosen  and  qualified. 

Section  51.  The  powers  and  duties  granted  and  im-  water  commis- 
posed  upon  the  city  of  Gloucester  by  chapter  four  hundred  ment"ermB?°^ 
and  fifty-one  of  the  acts  of  the  year  eighteen  hundred  and  ^^'^' 
ninety-five,  including  the  purchase  or  taking  of  any  lands 
or  other  property  or  rights,  shall  be  exercised  by  a  board 
of  three  water  commissioners,  to  be  appointed  by  the 
mayor,  one  of  whom  he  may  designate  as  chairman.  Said 
commissioners  shall  be  appointed  and  shall  hold  their  office 
from  the  time  of  their  appointment  for  the  terms  of  one, 
two  and  three  years  respectively,  from  the  first  Monday 
of  February  next  following  their  appointment ;  and  there- 
after one  commissioner  shall  be  appointed  each  year  for 
the  term  of  three  years  from  the  first  Monday  in  February. 
All  such  commissioners,  except  in  case  of  removal,  shall 
hold  office  until  their  respective  successors  are  appointed, 
and  vacancies  occurring  during  the  term  may  be  filled  for 
the  remainder  of  the  term.  No  person  shall  be  appointed 
commissioner  who  holds  at  the  time  any  city  office  by 
popular  election.  The  commissioners  shall  receive  such  compensation. 
compensation  for  their  services  as  the  city  council,  by 
ordinance  passed  by  a  two  thirds  vote,  shall  determine. 

Section  52.     Said  commissioners  shall  be  subject  to  to  be  subject 
such  ordinances,  rules  and  regulations  in  the  execution  of  o^rtoances, 
such  duties  as  the  city  council  may  from  time  to  time  '^"^^^•'^'c- 
ordain  and  establish,  not  inconsistent  with  the  provisions 
of  this  act  and  the  laws  of  this  Commonwealth.     All  con- 
tracts made  by  said  water  commissioners  shall  be  in  the 
name  and  behalf  of  the  city,  and  such  contracts  shall  be 


436 


Acts,  1896.  — Chap.  U2. 


Quorum. 


To  be  divided 
into  nine  wards. 


Polling  places 
and  election 
officers  for  first 
municipal  elec- 
tion. 


Lists  of  quali- 
fied voters. 


To  be  submitted 
to  voters  at  the 
annual  state 
election,  1896. 


When  to  take 
effect. 


approved  in  writing  by  the  mayor  before  they  are  signed 
by  the  commissioners  ;  but  no  contracts  shall  be  made  by 
them  which  involve  the  expenditure  of  money  not  already 
appropriated  for  the  purpose  by  the  city  council.  A 
majority  of  said  commissioners  shall  be  a  quorum  for  the 
exercise  of  the  powers  and  the  performance  of  the  duties 
of  the  commission. 

Section  53.  Upon  the  acceptance  of  this  act  as  herein 
provided  the  city  council  of  said  city  shall  forthwith  divide 
the  territory  thereof  into  nine  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  by  numbers.  They  shall,  for 
the  purpose  of  the  first  municipal  election  to  be  held  here- 
under, which  shall  take  place  on  the  first  Tuesday  of 
December  next  succeeding  such  acceptance,  provide  suit- 
able polling  places  in  the  several  wards,  and  give  notice 
thereof;  and  at  least  thirty  days  previous  to  such  first 
Tuesday  in  December  the  mayor  shall  appoint  all  proper 
election  oflicers  therefor  in  the  several  wards  of  said  city. 
The  registrars  of  voters  shall  cause  to  be  prepared  and 
published  according  to  law  lists  of  the  qualified  voters  in 
each  of  the  wards  established  by  said  city  council. 

Section  54.  This  act  shall  be  submitted  to  the  legal 
voters  of  the  city  of  Gloucester  at  the  annual  state  elec- 
tion in  the  present  year.  The  following  question  shall  be 
printed  on  the  ballots  used  in  said  city  at  said  election : 
"Shall  an  act  passed  by  the  general  court  in  the  year 
eighteen  hundred  and  ninety-six,  entitled  '  An  Act  to  re- 
vise the  Charter  of  the  City  of  Gloucester ',  be  accepted  ?  "  ; 
and  a  majority  vote  of  the  voters  present  and  voting  thereon 
shall  be  required  for  its  acceptance. 

Section  55.  So  much  of  this  act  as  authorizes  the  sub- 
mission of  the  question  of  its  acceptance  to  the  legal  voters 
of  the  said  city  shall  take  efiect  upon  its  passage,  but  it 
shall  not  take  further  efiect  unless  approved  by  the  legal 
voters  of  said  city  as  herein  prescribed. 

Approved  May  28,  1S96. 


(77irt/9.442  Ax  Act  to  rROviDE   for  the  further  improvement  of  the 
commonwealth's  flats  at  south  boston. 
Be  it  enacted,  etc.,  as  folloivs  : 

thl^coramon'  °^       Section  1 .     For  the  purpose  of  enforcing  and  executing 
wealth^  Hats  at  thc  provisious  and  requirements  of  existing  laws  relating 


Acts,  1896.  — Chap.  443.  437 

to  the  Commonwealth's  flats  at  South  Boston,  and  for  the 
payment  of  money  which  may  be  needed  to  carry  out  the 
provisions  of  chapter  two  hundred  and  thirty-nine  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-five, 
the  sum  of  five  hundred  thousand  dollars  is  hereby  ap- 
propriated from  the  Commonwealth's  Flats  Improvement 
Fund,  established  by  chapter  two  hundred  and  thirty-seven 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-eight, 
in  addition  to  the  amount  now  in  said  fund. 

Section  2.     In  order  to  increase  the  amount  of  moneys  certain  sume 
in  said  improvement  fund  available  for  the  purposes  afore-  ™to  th^e  c^om- 
said,  and  in  anticipation  of  receipts  fi-om  sales  or  use  of  Fiatriraprove. 
the  Commonwealth's  lands  at  South  Boston,  there  shall  mentFund. 
be  paid  out  of  the  treasury  of  the  Commonwealth,  from 
time  to  time,  into  the  Commonwealth's  Flats  Improvement 
Fund,  such  sums  of  money  as  may  be  required  under  this 
act ;  but  the  amount  so  paid  before  the  first  day  of  July  in 
the  year  eighteen  hundred  and  ninety-six  shall  not  exceed 
fifty  thousand  dollars. 

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

Approved  May  28,  1S96. 

An  Act  relative  to  registers  of  deeds.  Ch(ip.4:4:S 

Be  it  enacted,  etc.,  as  foUoios: 

Section  1 .     Section  twenty-five  of  chapter  twenty-four  p.  s.  24,  §  25, 
of  the  Public  Statutes  is  hereby  amended  by  striking  out  ^"^^° 
in  the  first  line,  the  words  *'  county  commissioners  in  each 
county",  and  inserting  in  place  thereof  the  words  :  —  regis- 
ters of  deeds  of  the  several  counties  or  registration  districts, 
—  so  as  to  read  as  follows  :  —  Section  25.     The  registers  Regigters  of 

fiT/«.i  1  J.  •   i_      i^'  T    1    •    ,        deeds  to  cause 

deeds  01  the  several  counties  or  registration  districts,  copies  of  ciassi- 

except  Suffolk,  shall  within  the  first  six  months  of  each  cenirn  record's 

year,  or   within  such  further  time    during    the   year  as  *°  *"^  "'*'^®* 

they  may  think  proper,  cause  to  be  made  at  the  expense  of 

their  several  counties,  by  competent  persons  employed  by 

them,  copies  of  the  indexes  to  the  instruments  recorded  in 

the  registries  of  deeds  during  the  preceding  year,  in  which 

copies   the  grantors  and    grantees  shall    respectively  be 

assorted  into  distinct  lists  by  their  respective  surnames 

in  alphabetical  order,  and  arranged  under  such  surnames 

in  the  order  in  which  the  deeds  and  other  conveyances 

to  which  they  refer  were  left  for  record.     They  may  also 

cause  the  Christian  names  of  the  grantors  and  grantees, 

as  well  as  their  surnames,  to  be  arranged  in  alphabetical 


438 


Acts,  1896.  — Chap.  443. 


p.  8.  24,  §  26, 
amended. 


Copies  of 
jadexes  to 
existing  records 
may  be  made, 
etc. 


Estimate  of 
cost,  etc.,  of 
indexing  to  be 
filed  with 
county  com- 
missioners. 


Certain  sum 
may  be  ex- 
pended under 
direction  of 
register,  etc. 


Repeal. 


order  in  such  lists,  when  in  their  opinion  reference  to  the 
records  will  be  facilitated  thereby.  Such  copies  shall  in 
other  respects  be  in  the  form  required  for  the  indexes  to 
the  records. 

Section  2.  Section  twenty-six  of  said  chapter  is  hereby 
amended  by  striking  out  the  first  line,  and  inserting  in 
place  thereof  the  words  :  — When  the  registers  deem  it 
expedient  they  may,  with  the  consent  and  approval  of 
the  county  commissioners,  — so  as  to  read  as  follows  :  — 
Section  26.  When  the  registers  deem  it  expedient  they 
may,  with  the  consent  and  approval  of  the  county  commis- 
sioners, cause  copies  of  the  indexes  or  new  indexes  to  the 
records  existing  in  the  registries  of  deeds  in  their  respec- 
tive counties,  or  of  any  part  thereof,  to  be  made  by  some 
competent  person  at  the  charge  of  their  respective  counties, 
upon  such  plan  and  in  such  manner  as  will  in  their  judg- 
ment best  facilitate  reference  to  the  records  ;  and  they  may 
cause  such  copies  of  indexes  or  new  indexes  to  be  printed 
at  the  charge  of  their  respective  counties,  and  to  be  sold 
at  a  price  not  less  than  the  cost  of  printing,  paper,  and 
binding. 

Section  3.  Registers  of  deeds  of  the  several  counties 
or  registration  districts,  except  Suffolk,  shall  file  with  the 
county  commissioners  of  their  respective  counties  on  or 
before  the  thirty-first  day  of  December  in  each  year,  an 
estimate  in  detail  of  the  character,  amount  and  cost  of  the 
indexing  which,  in  the  judgment  of  said  registers  respec- 
tively, ought  to  be  done  in  the  ensuing  year,  which  esti- 
mate shall  1)6  examined  by  the  county  commissioners,  and 
so  much  thereof  as  in  their  judgment  is  necessary,  shall 
be  included  in  the  estimates  required  to  be  made  by  chap- 
ter one  hundred  and  forty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five. 

Section  4.  Such  sum  as  may  be  authorized  for  this 
purpose  by  the  general  court  shall  be  expended  under  the 
direction  of  the  register  for  the  purposes  and  in  the  man- 
ner named  in  his  original  estimate,  either  in  whole  or  in 
part,  and  shall  be  paid  out  of  the  treasury  of  the  county 
to  the  person  or  persons  actually  employed  in  performing 
the  work,  on  approval  of  the  bills  for  the  same  by  the 
county  commissioners. 

Section  5.  Sections  thirty,  thirty-one  and  thirty-two 
of  chapter  twenty-four  of  the  Public  Statutes  are  hereby 
repealed. 


Acts,  1896.  — Chap.  444.  -^   439 

Section  6.     Section  one  of  chapter  one  hundred  and  aj^^jj^td.^  ^' 
forty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  striking  out  all  after 
the  word  ''commissioners",  in  the  twelfth  line,  —  so  as 
to  read  as  follows:  —  Section  1.     The  secretary  of  the  Annual  report 
Commonwealth  shall  incorporate  in  his  annual  report  to  fnclude  cmuIq 
the  legislature  the  returns  made  under  section  live  of  '^®'""*- 
chapter  one  hundred  of  the  Public  Statutes,  of  the  num- 
ber of  liquor  licenses  issued  by  the  several  cities  and 
towns,  the  amount  received  for  the  same  and  the  vote  of 
said  cities  and  towns  on  the  question  of  granting  the 
same ;  the   returns   made   under   section   twenty-five   of 
chapter  twenty-five  of  the  Public  Statutes  by  the  sherifis 
of  the  several  counties,  of  all  moneys  received  by  them 
from  all  sources  and  the  number  of  days  they  have  at- 
tended upon  a  court  of  record  and  upon  the  county  com- 
missioners. 

Section  7.     Registers  of  deeds    shall    be  entitled   to  RegiBtersof 

.  n  /»jj/->  If  1       '  Ti  deeds  to  receive 

receive  a  tee  ot  twenty-iive  cents  tor  entering  a  discharge  certain  fees. 
of  an  attachment  or  of  a  mechanic's  lien,  when  such  dis- 
charge is  certified  by  them,  and  the  same  fee  for  entering 
a  partial  release  of  an  attachment. 

Section  8.     This  act  shall  take  effect  upon  its  passage.  Existing  con- 
but  shall  not  be  so  construed  as  to  make  void  any  present  &&lcted. 
existing  contracts  relating  to  the  indexes  to  the  records  of 
the  registeries  of  deeds.  Approved  May  28,  1896. 

An  Act  to  facilitate  the  collection  of  small  debts  for  Qlinj)  444 

MANUAL  WORK   OR   LABOR  PERFORMED. 

Be  it  enacted,  etc. ,  as  follotus  : 

In  actions  of  contract  for  the  recovery  of  money  due  Two  or  more 

/»  iiij  ...  persons  may 

tor  manual  labor  two  or  more  persons  may  join  in  one  join  in  certain 
action  against  the  same  defendant  or  defendants  when  the  tract"etc!  *'°°" 
claim  of  no  one  of  such  persons  exceeds  the  sum  of  twenty 
dollars,  although  the  claims  of  such  persons  are  not  joint ; 
and  each  of  such  persons  so  joining  may  recover  the  sum 
found  to  be  due  to  him  personally.  The  claim  of  each 
person  so  joining  shall  be  stated  in  a  separate  count  in 
the  declaration,  and  the  court  may  make  such  order  for 
the  trial  of  issues  as  shall  be  found  most  convenient  and 
may  enter  separate  judgments  and  issue  one  or  more 
executions,  and  may  make  such  order  concerning  costs  as 
in  its  opinion  justice  may  require. 

Approved  May  28,  1896, 


440  Acts,  1896.  — Chaps.  445,  446. 


Chap.4A:5  ^^  ^^'^  relative  to  evidence  in  actions  against  the  estates 

OF  deceased  persons. 

Be  it  enacted,  etc.,  as  follows : 

tohe^admusmt      III  the  trial  of  an  action  against  an  executor  or  against 
in  actions  .^J^  administrator  of  a  deceased  person  in  which  the  cause 

against  estates  i^ 

ofjieceased  of  actiou  IS  supportcd  by  oral  testimony  of  a  promise  or 
statement  made  by  said  deceased  person,  evidence  of 
statements  written  or  oral  made  by  said  deceased  person, 
memoranda  and  entries  written  by  him,  and  evidence  of 
his  acts  and  habits  of  dealing  tending  to  disprove  or  to 
show  the  improbability  of  such  statement  or  promise 
having  been  made,  shall  be  admissible. 

Approved  May  28, 1896. 


persons. 


Ch(ip.4:4:Q  -^^  ^CT  MAKING  FURTHER  PROVISION  FOR  THE  PROTECTION  OF 
THE  PUBLIC  HEALTH  IN  THE  VALLEYS  OF  THE  CONCORD  AND 
SUDBURY   RIVERS. 

Be  it  enacted,  etc.,  as  follmvs: 

cSncoJZnd*"^  Section  1.  The  time  for  the  completion  of  the  im- 
toe'^elLnded^'  provemcut  of  the  Concord  and  Sudbury  rivers,  under- 
taken by  the  state  board  of  health  under  authority  of 
chapter  four  hundred  and  twenty-six  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  relative  to  the 
protection  of  the  public  health  in  the  valleys  of  said 
rivers,  is  hereby  extended  to  the  thirty- first  day  of  De- 
cember in  the  year  eighteen  hundred  and  ninety-eight, 
and  the  board  is  authorized  to  expend  any  unexpended 
balance  of  the  sum  heretofore  appropriated  therefor,  to- 
gether with  such  further  sum,  not  exceeding  one  thousand 
dollars,  as  may  be  required  to  finish  the  work  already 
planned  by  said  board. 
To  replace  Section  2.     Thc  Said  board  is  also  authorized  to  ex- 

c;inal  bridge  in  -i  f        i 

wayiand.  pcud  a  turther  sum,  not  exceeding  two  thousand  dollars, 
in  taking  down  the  canal  bridge,  so-called,  in  the  town 
of  Wayiand,  in  order  to  remove  the  bar  upon  which  it 
stands  and  in  replacing  said  bridge  by  a  suitable  structure 
of  stone,  steel  or  wood. 

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

Approved  May  28,  1896. 


Acts,  1896. --Chap.  447.  441 

An    Act  to   authorize   credit    insurance   companies   to    do  (J]iapA^ 

BUSINESS   IN   this   COMMONWEALTH. 

Be  it  enacted.,  etc.,  as  follows: 

Section  1.     Section  twenty-nine  of  chapter  five  hun-  1894, 522,  §  29, 
dred  and  twenty-two  of  the   acts  of  the   year   eighteen 
hundred  and  ninety-four,  as  amended  by  section  one  of 
chapter  four  hundred  and  seventy-four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five,  is  hereby  amended 
by  adding  at  the  end  of  said  section  the  following  words  : 
—  Ninth,  To  carry  on  the  business  commonly  known  as 
credit  insurance  or  guaranty,  either  by  agreeing  to  pur- 
chase uncollectible  debts,  or  otherwise  to  insure  against 
loss  or  damage  from  the  failure  of  persons  indebted  to 
the  assured  to  meet  their  liabilities,  —  so  as  to  read  as 
follows: — Section   29.      Insurance   companies   may   be  Purposes  for 
formed  as  provided  in  section  thirty  for  any  one  of  the  paniesm^be 
following  purposes,  to  wit :  —  iormed. 

First,  To  insure  against  loss  or  damage  to  property  by  LoBsbyflre.etc. 
fire,  lightning,   or  tempest  on   land,  upon  the    stock  or 
mutual  plan. 

Second,  To  insure  upon  the  stock  or  mutual  plan,  ves-  lobs  by  penis 

i/..],  1  IV      1^  1  ij  of  the  sea,  etc. 

sels,  freights,  goods,  money,  eiiects,  and  money  lent  on 
bottomry  or  respondentia,  against  the  perils  of  the  sea  and 
other  perils  usually  insured  against  by  marine  insurance, 
including  risks  of  inland  navigation  and  transportation. 

Third,  To  guarantee  the  fidelity  of  persons  in  positions  Guaranty  of 
of  trust,  private  or  public,  and  to  act  as  surety  on  official  "^  "^'  ^  '^' 
bonds  and  for  the  performance  of  other  obligations. 

Fourth,  To  insure  against  loss  or  damage  to  property  of  ^e"r^^foi'ier 
the  assured,  or  loss  or  damage  to  the  life,  person  or  prop-  explosions. 
erty  of  another  for  which  the  assured  is  liable,  caused  by 
the  explosion  of  steam  boilers. 

Fifth,  To  insure  any  person  against  bodily  injury  or  Accident  to 
death  by  accident,  or  any   person,   firm  or   corporation  p*"°°** 
against  loss  or  damage  on  account  of  the  bodily  injury  or 
death  by  accident  of  any  person  for  which  loss  or  damage 
said  person,  firm  or  corporation  is  responsible. 

Sixth,  To  insure  against  the  breakage  of  plate  glass,  Breakage  of 
local  or  in  transit.  piate  glass. 

Seventh,  To  insure  against  loss  or  damage  by  water  to  Damage  by 
any  goods  or  premises  arising  from  the  breakage  or  leak-  '^*''"^' 
age  of  sprinklers  and  water  pipes. 


442 


Acts,  1896.  — Chap.  447. 


Damage  from 
accideDtB  to 
elevators,  etc. 


Damage  from 
failure  of 
persons  to  meet 
their  liabilities. 


1894,  522,  §  31, 
etc.,  amended. 


To  transact 
only  business 
epecifled  in 
charter. 

Minimum 
capital  of  stoct 
companies. 


Certain  mutual 
companies  may 
continue  busi- 
ness of  employ- 
ers' liability 
insurance,  etc. 


Eighth,  To  insure  against  loss  or  damage  to  property 
arising  from  accidents  to  elevators,  bicycles  and  vehicles, 
except  rolling  stock  of  railways. 

Ninth,  To  carry  on  the  business  commonly  known  as 
credit  insurance  or  guaranty,  either  by  agreeing  to  pur- 
chase uncollectible  debts,  or  otherwise  to  insure  against 
loss  or  damage  from  the  failure  of  persons  indebted  to  the 
assured  to  meet  their  liabilities. 

Sectiox  2.  Section  thirty-one  of  said  chapter  five 
hundred  and  twenty-two,  as  amended  by  section  two  of 
chapter  four  hundred  and  seventy-four  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-five,  is  hereby  amended 
by  striking  out  in  the  eleventh  and  twelfth  lines,  the  words 
"  or  eighth  ",  and  inserting  in  place  thereof  the  words  :  — 
eighth  or  ninth,  —  so  as  to  read  as  follows  :  —  Section  31. 
No  corporation  so  formed  shall  transact  any  other  business 
than  that  specified  in  its  charter  and  articles  of  association. 
Companies  to  insure  plate  glass  may  organize  with  a  capi- 
tal of  not  less  than  one  hundred  thousand  dollars.  Com- 
panies so  formed  insuring  marine  or  inland  risks  upon 
the  stock  plan  shall  have  a  capital  of  not  less  than  three 
hundred  thousand  dollars.  Companies  so  formed  for  the 
transaction  of  fire  insurance  on  the  stock  plan,  of  fidelity 
insurance,  of  accident  insurance,  of  steam  boiler  insurance, 
or  for  the  transaction  of  the  business  authorized  under  the 
seventh,  eighth  or  ninth  paragraph  of  section  twenty-nine 
of  this  act  shall  have  a  capital  of  not  less  than  two  hun- 
dred thousand  dollars.  Companies  may  be  so  formed  to 
insure  mechanics'  tools  and  apparatus  against  loss  by  fire 
for  an  amount  not  exceeding  two  hundred  and  fifty  dollars 
in  a  single  risk,  with  a  capital  of  not  less  than  twenty-five 
thousand  dollars,  divided  into  shares  of  the  par  value  of 
ten  dollars  each. 

Mutual  companies  heretofore  organized  to  transact  em- 
ployers' liability  insurance  may  continue  such  business 
under  the  fifth  paragraph  of  section  twenty-nine  of  this 
act,  and  such  companies  shall  be  subject  to  the  laws, 
so  far  as  applicable,  in  relation  to  mutual  fire  insur- 
ance companies.  No  company  shall  be  required  to 
have  on  deposit  with  the  treasurer  of  the  Commonw^ealth 
an  amount  in  excess  of  what  is  sufficient  to  enable  it 
to  comply  with  the  laws  of  the  states  in  which  it  transacts 
business ;  and  all  sums  in  excess  of  this  amount  held 
on  deposit  with  the  treasurer  of  the  Commonwealth  or 


etc.,  amended. 


Acts,  1896.  — Chaps.  448,  449.  443 

elsewhere  shall  be  coumted  as  of  the  surplus  funds  of  the 
company. 

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

Approved  May  28,  1896. 

An  Act  relative  to  insurance  brokers.  GllCLD  448 

"Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  second  paragraph  of  section  ninety-  i894, 522,  §^93, 
three  of  chapter  five  hundred  and  twenty-two  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four,  as  amended 
by  section  two  of  chapter  fifty-nine  of  the  acts  of  the  year 
eighteen  hundred  and  ninety- five,  is  hereby  amended  by 
inserting  in  the  second  line  of  said  paragraph,  after  the 
word  "person",  the  words:  —  a  resident  of  this  Common- 
wealth or  a  resident  of  any  other  state  granting  like  cer- 
tificates to  residents  of  this  Commonwealth,  —  so  that  said 
second  paragraph  shall  read  as  follows  :  —  The  insurance  insurance 
commissioner  may,  upon  the  payment  of  a  fee  of  ten  dol-  m^yTaTue^^' 
lars,  issue  to  any  suitable  person,  a  resident  of  this  Com-  authoru/to' 
monwealth  or  a  resident  of  any  other  state  granting  like  i"^^'"''^"'^* 
certificates  to  residents  of  this  Commonwealth,  a  certificate 
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  com- 
pany duly  admitted  to  do  business  in  the  Commonwealth. 

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

Approved  May  28,  1896. 

An  Act  relative  to  the   employment  of  laborers  in  the  (7^«I>.449 
cities  of  the  commonwealth. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  So  much  of  chapter  three  hundred  and  KeTs'Tn"*"* 
twenty  of  the  acts  of  the  year  eighteen  hundred  and  <="'«^«- 
eighty-four  and  the  amendments  thereto  as  relates  to  the 
employment  of  laborers  by  cities,  and  that  portion  of  the 
civil  service  rules  of  the  Commonwealth  and  the  cities 
thereof  as  authorized  by  said  acts  and  designated  therein 
as  the  "  Labor  Service",  shall  not  take  effect  in  cities  of 
less  than  one  hundred  thousand  population,  except  upon 
acceptance  by  the  city  council  of  such  city,  with  the  ap- 


444: 


Acts,  1896.  — Chap.  450. 


proval  of  its  mayor :  provided,  that  the  city  council  of 
such  cities  shall  establish  rules  under  which  veterans  of 
the  late  war  of  the  rebellion  shall  be  given  the  preference 
in  employment. 

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

Approved  May  28,  1896. 


Cha7J.4iB0  ^^  ■^^'^  RELATIVE   TO   THE   COMPENSATION 


OF  EMPLOYEES  IN  WEST 


Certain  persons 
deprived  of 
employment  in 
West  Boylston 
may  file  claim 
for  damages. 


ii05 

Be  it  enacted,  etc.,  as  follows: 


BOYLSTON. 


Court  to  ascer- 
tain certain 
facts,  etc. 


Certain  em- 
ployees not 
entitled  to 
receive  com- 
pensation. 


Section  1 .  Any  resident  of  the  town  of  West  Boylston 
employed  by  any  corporation,  partnership  or  individual  at 
the  time  when  the  plant  of  such  corporation,  partnership  or 
individual  is  taken,  and  work  therein  stopped,  on  account 
of  a  reservoir  for  the  metropolitan  water  supply,  and  who 
is  obliged  by  reason  of  such  taking  to  seek  employment 
elsewhere,  shall  have  the  right  for  one  year  from  the  ter- 
mination of  such  employment  as  aforesaid  to  file  a  claim 
for  damages  with  the  metropolitan  water  commission,  and 
if  the  same  is  not  settled  within  sixty  days  from  the  filing 
thereof,  he  may  bring  a  bill  in  equity  in  the  superior  court 
for  the  county  of  Worcester  for  the  adjudication  and  col- 
lection of  such  damage.  Any  number  of  persons  deprived 
of  employment  as  aforesaid  may  unite  in  such  bill,  and 
the  withdrawal  of  any  shall  not  prejudice  the  rights  of 
others. 

Section  2.  It  shall  be  the  duty  of  the  court  to  ascer- 
tain whether  or  not  such  claimants  have  resided  and  been 
employed  and  deprived  of  employment  as  specified  in  this 
act,  and  if  so  to  issue  a  decree  in  favor  of  each  to  recover 
the  actual  damage  which  he  has  suffered  by  reason  of 
such  loss  of  employment,  not  however  to  exceed  the  sum 
of  his  wages  for  six  months  at  the  rate  of  wages  paid  to 
him  for  the  last  six  months  prior  to  such  suspension  of 
employment. 

Section  3.  No  person  shall  be  entitled  to  receive  com- 
pensation under  this  act  unless  he  shall  have  been  em- 
ployed in  the  town  of  West  Boylston  continuously  from 
the  date  when  chapter  four  hundred  and  eighty-eight  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
entitled  ' '  An  Act  to  provide  for  a  metropolitan  water 
supply  ",  became  a  law,  up  to  the  date  of  the  taking  of 
the  property  wherein  said  person  is  employed. 


Acts,  1896.  — Chaps.  451,  452.  445 


not  entitled  to 
receive  com- 


Section  4.     Xo  stockholder  of  any  corporation  whose  stockholders 
plant  is  taken  on  account  of  a  reservoir  for  said  metro 
politan  water  supply  shall    be  entitled  to  receive  com-  p®"^"*'"" 
pensation  under  this  act. 

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

Ajyproved  May  28, 1896. 


An  Act  relative  to  the  filing  of  exceptions  in  the  supkeme 
judicial  and  supekiou  courts. 


ChapA51 


in  civil  cases. 


Be  it  enacted,  etc. ,  as  foUoivs  : 

Section  two  of  chapter  one  hundred  and  fifty-three  of  amended  ^  ^' 
the  acts  of  the  year  eighteen  hundred  and  ninety-five  is 
hereby  amended  by  inserting  after  the  word  "  evidence  ", 
in  the  third  line,  the  words: — and  of  the  instructions 
sriven  to  the  iury,  —  so  as  to  read  as  follows  :  —  Section  2.  Transcript  of 

*  -  •     •  •  -•  cvidcDCG   etc. 

The  presiding  justice  shall  have  the  right  to  order  the  may  be  ordered 

excepting  party  in  civil  cases  to  furnish  to  the  court  a 

transcript  of  the  evidence,  and  of  the  instructions  giv^en  to 

the  jury,  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  extension  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  hundred  and  eighty-eight. 

A2)2)roved  June  2,  1896. 


Chap.4:52 


An   Act    to    change   the   name    of    the    millicent    i.ibkauy 
corporation. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  name  of  the  Millicent  Library  Cor-  Name  changed. 
poration  is  hereby  changed  to  The  Millicent  Library. 

Section  2.     The  provisions  of  chapter  three  hundred  affe^^ted"' °°' 
and  ninety-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-three  shall  not  be  affected  by  the  passage  of 
this  act. 

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

Approved  June  2,  1896. 


446 


Acts,  1896.  — Chaps.  453,  454. 


Construction  of 
public  parks  in 
Boston  to  be 
continued,  etc. 


C%«Z).453  -^^    ^^"^    ^O    AUTHORIZE    TlIK    CITY    OF    BOSTON    TO    CONTINUE  THE 

CONSTRUCTION  OK  ITS   PUBLIC  PARKS. 

Be  it  enacted,  etc.,  as  follotvs : 

^Section  1.  The  city  of  Boston  shall  continue  the  con- 
struction of  the  public  parks  of  said  city,  and  to  pay  the 
expenses  incurred  therefor,  including  payments  for  lands, 
the  city  treasurer  shall  from  time  to  time  as  specified  in 
requests  by  the  board  of  park  commissioners  of  said  city, 
approved  by  the  mayor,  issue  notes,  bonds  or  scrip  of  said 
city,  and  the  total  amount  so  issued  shall  not  exceed  one 
Proviso.  million  dollars :  j^^'ovidedf  however,  that  out  of  the  pro- 

ceeds of  the  notes,  bonds  or  scrip  hereby  authorized  to  be 
issued  the  sum  of  two  hundred  thousand  dollars  shall  be 
applied  towards  the  completion  of  the  Strandwaj^  so-called, 
in  South  Boston,  and  one  hundred  thousand  dollars  for  the 
completion  of  the  North  End  Park.  Said  notes,  bonds  or 
scrip  shall  be  made  payable  in  thirty  years  from  their  date, 
and  bear  interest  payable  semi-annually  at  such  rate,  not 
exceeding  four  per  cent,  per  annum,  and  at  such  times  as 
shall  be  fixed  by  said  treasurer,  and  the  indebtedness  in- 
curred under  this  act  shall  not  be  taken  into  consideration 
in  determining  the  debt  limit  of  said  city. 

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

Approved  June  2,  1896. 

Ch(lV.4i54:  ^^N  Act  in  addition  to  an  act  making  an  appropriation  roil 

EXPENSES    IN    CONNECTION   WITH    THE    EXTERMINATION   OF    CON- 
TAGIOUS  DISEASES  AMONG   HORSES,  CATTLE  AND   OTHER  ANIMALS. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1.  The  sum  of  two  hundred  thousand  dollars 
is  hereby  appropriated,  to  be  paid  out  of  the  treasury  of 
the  Commonwealth  from  the  ordinary  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-six,  the  same  to  be  in  addition  to  the  amount  ap- 
propriated by  chapter  thirty-nine  of  the  acts  of  the  present 
year. 

Section  2.  The  sum  hereby  appropriated  shall  be  first 
applied  to  the  payment  for  neat  cattle  now  held  in  quaran- 
tine and  condemned  as  tujberculous  by  the  board  of  cattle 
commissioners  or  any  member  thereof,  to  the  payment  of 


Extermination 
of  contagious 
diseases  among 
animals. 


How  sum  appro- 
priated shall  be 
applied,  etc. 


Acts,  1896.  — Chaps.  455,  456.  447 

all  quarantine  and  other  expenses  incident  thereto  by  law 
required  to  be  paid  by  the  Commonwealth,  and  to  the 
payment  of  all  other  expenses  already  legally  incurred  by 
said  board.  No  part  of  the  sum  hereby  appropriated  shall 
be  applied  in  payment  for  the  testing  of  or  compensation 
for  cattle  condemned  and  killed  under  tests  made  at  the 
owner's  request.  If  the  sum  hereby  appropriated  shall 
be  expended  before  the  first  day  of  January  in  the  year 
eighteen  hundred  and  ninety-seven  the  auditor  shall  im- 
mediately certify  that  fact  to  the  board  of  cattle  commis- 
sioners. Upon  the  receipt  of  such  certification  said  board 
shall  immediately  notify  each  city  and  town  and  each  in- 
spector throughout  the  Commonwealth  that  said  appropria- 
tion is  exhausted,  and  thereafter  no  Massachusetts  cattle 
shall  be  quarantined  until  a  further  appropriation  is  made, 
and  all  Massachusetts  cattle  quarantined  at  the  time  such 
notification  is  issued  shall  be  immediately  released. 

Section  3.     This  act  shall  take  efi^ect  upon  its  passage. 

Approved  June  5,  1896. 


ChapA55 


An  Act  to  authorize  cities  and  towns  to  appropriate  money 
FOR  memorial  observances  in  honor  of  firemen. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Cities  may  by  vote  of  the  city  council,  and  p"'^^  *•"' 

,         "        ^  .  '^  '  towus  may 

towns  may  by  vote  in  town  meeting,  appropriate  such  appiopnate 

y,         "^  .      ^  ^        Ii  /•    money  for  me- 

sums  as  they  may  judge  necessary  tor  the  purpose  oi  moriaiob 
keeping  m  repair  or  decorating  graves,   monuments  or  honor  of 
other  memorials  erected  to  the  memory  of  firemen  who  firemen,  etc. 
died  from  injuries  received  in  the  exercise  of  their  duties 
while  in  the  fire  service  of  any  city  or  town  in  this  Com- 
monwealth, or  for  other  memorial  observances  in  honor  of 
such  firemen.    The  sums  so  appropriated  may  be  paid  over 
to  the  Veteran  Firemen's  Association  or  to  other  similar 
organizations,   to  be  expended  for  the  purposes  above- 
specified. 

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

Approved  June  2,  1896. 

An  Act  providing  for  the  appointment  of  guardian  ad  litem  /^^^^  4-^(\ 

OR  next  friend  in  certain  cases.  -^ 

Be  it  enacted,  etc. ,  as  folloics : 

Section  1.     In  any  case  where,  under  the  terms  of  a  Guardian  ad 
written   instrument  or   otherwise,   any  minor  or  person  Yv\Za^x^^L 
under  disability,  or  any  person  or  persons  not  ascertained  crrCin'oasLs. 


448 


Acts,  1896.  — Chaps.  457,  458. 


Cost  of  appear- 
ance to  be  de- 
termined by 
court,  etc. 


Certain  powers 
of  court  not 
affected. 


or  not  in  being,  may  be  or  may  become  interested  in  any 
estate  real  or  personal,  the  court  in  which  is  pending  any 
suit,  bill,  petition,  or  proceeding  of  any  kind  relating  to 
or  affecting  any  such  estate  may,  on  the  representation  of 
any  party  thereto,  or  of  any  person  interested,  appoint  a 
suitable  person  to  appear  and  act  therein  as  guardian  ad 
litem  or  next  friend  of  such  minor  or  person  or  persons 
under  disability  or  not  ascertained  or  not  in  being,  and  a 
judgment,  order  or  decree  in  such  proceedings,  made 
after  such  appointment,  shall  be  conclusive  upon  all  per- 
sons for  whom  such  guardian  ad  litem  or  next  friend  was 
appointed. 

Section  2.  The  cost  of  appearance  of  such  guardian 
ad  litem  or  next  friend,  including  the  compensation  of  his 
counsel,  shall  be  determined  by  the  court  and  paid  as  it 
may  order,  either  out  of  the  estate  or  by  the  plaintiff  or 
petitioner,  in  which  latter  case  execution  may  issue  there- 
for in  the  name  of  the  guardian  ad  litem  or  next  friend. 

Section  3.  Nothing  herein  contained  shall  be  con- 
strued to  aflect  or  impair  the  power  of  any  court  to  ap- 
point a  guardian  ad  litem  or  next  friend  under  any  existing 
provisions  of  law.  Approved  June  2,  1896. 


City  of  Newton 
may  pay  certain 
sum  of  money 
to  widow  of 
John  A.  Ken- 
rick. 


ChCLT>.4:51  ^^   ^^"^   "^^    AUTHORIZE   THE    CITY   OF    NEWTON   TO    PAY   A    SUM    OF 

MONEY   TO   SARAH   F.    KENRICK. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Newton  is  hereby  authorized 
to  pay  to  Sarah  F.  Kenrick,  widow  of  John  A.  Kenrick, 
deceased,  late  treasurer  and  collector  of  taxes  of  said  city 
of  Newton,  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  December  in  the  year  eighteen 
hundred  and  ninety-six. 

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

Apjiroved  June  2,  1896. 

Cha'pA5S  An  Act  to  legalize  and  confirm  certain  proceedings  of  the 

TOWN  OF  PLAINFIELD. 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  action  of  the  town  of  Plainfield  rela- 
tive to  the  appropriation  of  money  for  telephone  service, 
taken  at  the  annual  meeting  of  said  town  held  on  the 
second  day  of  March  in  the  year  eighteen  hundred  and 


Certain  pro- 
ceedings of 
town  meeting 
confirmed. 


Acts,  1896.  — Chap.  459.  449 

ninety-six,  is  hereby  legalized  and  confirmed,  ])ut  nothing 
herein  contained  shall  authorize  or  empower  said  town  to 
construct  or  maintain  a  telephone  line. 

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

Approved  June  2,  1896. 


ChapAm 


An  Act  providing  fob  the  appointment  of  an  official  ste- 
nographer FOR  THE  SUPERIOR  COURT,  CRIMINAL  SESSION,  IN  THE 
COUNTY  OF  SUFFOLK. 

Be  it  enacted.,  etc, ,  as  follows : 

Section  1.     The  justices  of  the  superior  court  or  a  omciai 
majority  of  them  may  appoint   a    stenographer   for   the  mty°brap-'"^ 
session  of  said  court  held  for  the  transaction  of  criminal  BupeHo/court, 
business  within  and  for  the  county  of  Suffolk.    The  stenog-  gel^LT.'suffoik 
rapher  so  appointed  shall  be  a  sworn  officer  of  said  court  county. 
and  shall  receive  an  annual  salary  of  twenty-five  hundred 
dollars  to  be  paid  by  said  county. 

Section  2.  Said  stenographer  shall  attend  the  sessions  Duties. 
of  said  court,  and  when  requested  by  the  presiding  justice, 
or  by  the  district  attorney,  or  by  the  defendant,  shall  take 
stenographic  notes  of  all  the  evidence,  the  rulings  of  the 
presiding  justice  and  the  charge  of  the  court  given  at  any 
trial  therein.  Said  stenographer,  when  requested  by  said 
justice,  shall  read  from  such  notes,  in  open  court,  any 
portion  of  the  testimony  so  taken,  and  when  requested 
shall  furnish  said  justice,  at  the  expense  of  the  county,  a 
transcript  from  such  notes,  fully  written  out,  of  such  part 
of  the  testimony,  rulings  or  charge  as  may  be  desired,  and 
upon  request  shall  furnish  to  the  district  attorney  or  to 
the  defendant,  within  a  reasonable  time,  a  like  transcript, 
upon  payment  of  ten  cents  a  hundred  words  for  each  copy 
so  furnished.  Transcripts  furnished  the  presiding  justice 
shall  be  paid  for  at  the  same  rate  and  taxed  as  other 
costs. 

Section  3.     The  stenographer  appointed  under  the  pro-  to  perform 
visions  of  this  act,  when  not  employed  in  said  court,  shall  requ^ired'i!^^"'*' 
perform  such  service  as  stenographer  as  may  be  required  nlyretc?""'' 
by  the  district  attorney,  and  shall  receive  the  same  com- 
pensation for  transcripts  as  is  provided  for  in  the  preced- 
ing section. 

Section    4.     The  stenographer    appointed    under  the  May  appoint 
provisions  of  this  act  may,  with  the  approval  of  any  jus-  «««'«»■">*"'«'<'• 
tice  of  said  court,  appoint  one  or  more  assistants,  who 
shall    be    sworn ;    but  no  additional   compensation   shall 


450  Acts,  1896.  — Chap.  460. 

be  paid  or  expense  incurred  by  reason  of  such  appoint- 
ment. 
stenographer         SECTION  5.     The  presidine;  iustice  of  any  session  for 
pointed  to         Criminal  business  which  is  of  special  or  temporary  charac- 

attend  at  certain    ,  -i-tj.-  -^j^  i  j 

BCBsionB,  etc.  tcr  may,  m  his  discretion,  appoint  a  stenographer  or  ste- 
nographers to  attend  therein,  with  the  duties  prescribed 
in  section  two  of  this  act ;  and  the  stenographers  so  ap- 
pointed shall  be  sworn  officers  of  the  court,  and  shall 
receive  for  attendance  the  per  diem  compensation  pro- 
vided by  law  for  official  stenographers  in  the  civil  sessions 
of  the  superior  court  in  other  counties  than  Suffolk,  and 
for  transcripts  the  same  compensation  provided  in  section 
two  of  this  act. 

Official  Section  6.     With  the  consent  of  the  court  the  official 

stenograpners 

may  interchange  steiiographcrs  appointed  uudcr  this  act  may  interchange 
services  with  or  perform  the  duties  of  any  other  official 
stenographer  of  the  superior  court  in  any  county. 
7romTteno-  Section  7.     Trauscripts  from  stenographic  notes  duly 

beTec'elvTd  aV°  taken  iu  the  superior  court  under  statute  authority,  veri- 
evidence,  etc.     fied  by  the  Certificate  of  the  official  stenographer,  or  assist- 
ant, taking  the  same,  shall  be  received  as  evidence  of 
testimony  given,  whenever  proof  of  such  testimony  is 
otherwise  competent. 
Removals.  Section  8.     The  justiccs  of  said  court  or  a  majority 

of  them  may  remove  said  stenographer  at  any  time,  and 
may  fill  the  vacancy  caused  by  such  removal  or  otherwise. 

Ajyproved  June  2,  1896. 

ChanAGO  ^^  -^^"^  '^^  incorporate  the  malden  trust  company. 

Be  it  enactedy  etc.,  as  follows: 

Company'"^'  Section  1.  Wilkrd  B.  Ferguson,  Phineas  W.  Sprague, 
incorporated.  William  B.  Buckmiustcr,  Frank  J.  Perkins,  John  G. 
Chandler,  James  F.  Shaw,  Charles  L.  Dean,  Daniel  P. 
Wise,  Peter  Grafi'am,  their  associates  and  successors,  are 
hereby  made  a  corporation  by  the  name  of  the  Maiden 
Trust  Company,  with  authority  to  establish  and  maintain 
a  safe  deposit,  loan  and  trust  company  in  the  city  of 
Maiden ;  with  all  the  powers  and  privileges  and  subject 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  which  now  are  or  may  hereafter  be  in  force 
relating  to  such  corporations. 

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

Approved  June  5,  1896. 


Acts,  1896.— Chaps.  461,  462,  463.  451 


An  Act  to  incorporate  the   j)Orchester   safe   deposit  and  Qf^n^y  Agl 

TRUST  COMPANY.  ^ 

Be  it  enacted,  etc.,  asfoUoivs: 

Section  1.     Charles  L.  T.  Stedman,  Charles  E.  Cum-  Dorchester  safe 
inp^s,  Frederic  W.  Connolly,  George  I.  Robinson,  Junior,  TrusTcompany 
Thomas  H.  Brackett,  George  Foster,  and  James  L.  Hil-  *°'^°'^P°'-'»^«d. 
lard,  their  associates  and  successors,  are  hereby  made  a 
corporation  by  the  name  of  the  Dorchester  Safe  Deposit  and 
Trust  Company,  with  a  capital  stock  of  not  less  than  two 
hundred  thousand  dollars,  with  authority  to  establish  and 
maintain  a  safe  deposit,  loan  and  trust  company  in  that 
part  of  the  city  of  Boston  known  as  Field's  Corner ;  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties, 
liabilities  and  restrictions  set  forth   in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  relating  to 
such  corporations. 

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

Apjjroved  June  5,  1896. 


Cha2)A62 


An  Act  to  authorize  the  towns  of  chklmsford,  Carlisle  and 
dunstable  to  unite  for  the  employment  of  a  superin- 
TENDENT  or   SCHOOLS. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.     The  towns  of   Chelmsford,  Carlisle    and  Z^iVCeln^ 
Dunstable  shall  have  the  same  power  to  unite  for  the  pur-  employment  of 
pose  oi  the  employment  of  a  superintendent  of  schools,  tendentof 
and  the  same  right  to  receive  an  allowance  from  the  state 
treasury  under  the  provisions  of  chapter  four  hundred  and 
thirty-one  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-eight  and  of  acts  in  amendment  thereof,  which  they 
would  have  if  said  towns  contained  twenty-five  schools,  and 
they  shall  be  subject  to  the  same  duties  and  liabilities. 

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

Approved  June  5,  1896. 

An  Act  to  incorporate  the  hi-de  park  trust  company.        C'Jiar)  463 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Amos  H.  Brainard,  Robert  Bleakie,  John  nydePark 
S.  Bleakie,  Stephen  B.  Balkam,  A.  S.  Raymond,  Thomas  incorporated""^ 
T.  Robinson,  Wilbur  H.  Powers,  Frederick  N.  Tirrell,  their 
associates  and  successors,  are  hereby  made  a  corporation 


452  Acts,  1896.  — Chaps.  464,  465. 

by  the  name  of  the  Hyde  Park  Trust  Company,  with  au- 
thority to  establish  and  maintain  a  safe  deposit  and  trust 
company  in  the  town  of  Hyde  Park ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3,  1896. 


ChapA64: 


An  Act  relative  to  the  levy  of  executions  on  real  estate. 
Be  it  enacted,  etc. ,  as  folloivs : 

p.  s.  172.  §45,  Section  1.  Section  forty-five  of  chapter  one  hundred 
and  seventy-two  of  the  Public  Statutes  is  hereby  amended 
by  striking  out  from  the  word  "  if",  in  the  first  line,  to  the 
word  "  sale",  in  the  sixth  line,  both  inclusive,  and  insert- 
ing in  place  thereof  the  words  :  —  shall  be  considered  as 
made  at  the  time  when  such  land  is  taken,  whether  the 
levy  is  made  by  set-off  or  by  sale,  and,  —  so  as  to  read  as 

When  levy  Bhaii  foUows  :  —  Sectioji  45.     Thc  levy  shall  be  considered  as 

be  considered  as  i.  iii'i 

made.  made  at  the  tmie  when  such  land  is  taken,  whether  the 

levy  is  made  by  set-off  or  by  sale,  and  the  subsequent  pro- 
ceedings and  the  officer's  return  thereof  shall  be  valid, 
although  made  and  done  after  the  return  day  or  after  the 
removal  or  other  disability  of  the  officer. 

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

Ap2)roved  June  5,  1896. 

ChapAQ5  ^^  ^^'^  "^^  better  define  the  authority  of  the  metropolitan 

PARK   COMMISSION. 

Be  it  enacted,  etc. ,  as  folloivs  : 

fegervauonsTn*^       Section  1.     Whenever  by  reason  of  a  taking  by  the 
certain  takings    Commonwcalth  throuffh  its  metropolitan  park  commission, 

by  the  Common-     -,  ..  ^-.  *,  ^  .      .  it 

wealth  to  be       duly  coucurrcd  in  according  to   law,  an  existing  public 
vah  ,  etc.  street  is  so  affected  that  the  public  rights  therein  might 

otherwise  be  abridged,  either  by  being  wholly  or  in  part 
included  within  the  taking,  any  and  all  exceptions  and  res- 
ervations made  in  said  taking  in  favor  of  any  municipality 
within  which  said  street  or  any  part  thereof  may  lie,  and 
of  the  public,  and  of  any  corporations  and  individuals 
(said  taking  being  accompanied  by  a  plan  showing  the 
land  included  therein  and  the  street  so  affected),  shall  be 
valid,  effectual  and  binding ;  and  in  order  to  insure  to  the 
parties  from  time  to  time  concerned  the  full  and  perfect 


Acts,  1896.  — Chap.  ^65.  453 

enjoyment  of  the  uses  thereby  reserved  said  board  is 
hereby  authorized  and  empowered  from  time  to  time  to 
make  grants  or  conveyances  of  easements,  to  enter  into 
agreements,  to  issue  licenses,  and  generally  to  conclude 
arrangements  to  that  end,  all  in  its  discretion ;  but  no 
such  grant,  agreement,  license  or  arrangement  shall  be 
taken  or  held  to  abrogate  or  abridge  the  control  of  said 
board  over  the  land  included  in  said  taking  except  as  in 
said  exceptions  and  reservations  provided,  or  the  right  of 
said  board  from  time  to  time  in  its  discretion  to  make  rules 
and  regulations  for  the  government  and  use  of  any  road- 
way, boulevard  or  crossway,  which  may  at  any  time  here- 
after be  laid  out  and  maintained  over  said  land  or  over  any 
portion  thereof,  not  inconsistent  with  such  exceptions  and 
reservations. 

Section  2.     Said  commission  is  hereby  authorized  and  p";®  ^"'i  ^°P- 

,  ,*^,.,,.  trol  or  certain 

empowered  to  transfer  tor  care  and  control,  including  lands,  etc 
police  protection,  any  lands  or  rights  or  easements  or  in- 
terest in  land,  although  the  same  be  a  roadway  or  boule- 
vard owned  or  controlled  by  it,  to  any  city,  town  or 
county,  or  local  board  of  a  city  or  town  within  the  metro- 
politan parks  district,  with  the  consent  of  such  city,  town, 
county  or  board,  and  upon  such  terms  and  for  such  period 
us  may  be  mutually  agreed  upon,  and  to  enter  into  an 
agreement  with  any  such  city,  town  or  county  or  board  for 
the  joint  care  and  control  or  police  protection  of  said  land 
or  boulevard,  and  also  for  laying  out,  constructing  and 
maintaining  streets  or  ways  into  or  across  any  such  land 
or  boulevard  ;  and  any  city,  town  or  county,  or  any  local 
board  within  the  metropolitan  parks  district,  is  hereby 
authorized  and  empowered  to  transfer  for  care  and  control, 
including  police  protection,  any  land,  rights,  easements  or 
interest  in  land  in  its  control,  although  the  same  be  already 
a  part  of  a  public  street  owned  or  controlled  bj^  it,  to  the 
metropolitan  park  commission  for  such  period  and  upon 
such  terms  as  may  be  mutually  agreed  upon,  and  to  enter 
into  an  agreement  with  said  commission  for  the  joint  care 
and  control,  including  police  protection,  of  said  land  or 
street. 

Section  3.     Said  commission  is  hereby  authorized  to  CommiBsion 
join  with  any  city,  town  or  county  in  the  laying  out,  im-  ™rie8i°towT8? 
provement,  relocation,  widening,  repairing,   maintaining  out.'rep^rinl, 
and  caring  for  any  public  street,  way,  bridge  or  stream  n£\iallrlltB 
which    lies   along   or  connects  any  lands,   roadways   or  etc. 


454  Acts,  1896.  — Chap.  466. 

boulevards,  or  any  sewer,  water  pipe  or  other  conduit  in 
such  public  street,  way  or  bridge,  or  in  or  across  any  park, 
road  or  boulevard,  or  park  reservation  or  open  space 
owned  or  controlled  by  it,  and  in  the  expense  of  such  work, 
and  for  such  purposes  or  any  of  them  to  make  contribu- 
tion to  such  city,  town  or  county  by  a  grant  of  land  or 
rights  in  land,  although  the  same  be  already  a  roadway  or 
boulevard,  or  by  payment  of  money  for  its  portion  of 
such  expense. 

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

Approved  June  4,  1S96. 

Chcip.4:GG  ^^  -^CT  INCREASING  THE  AMOUNT  OF  MONEY  TO  BE  PI>ACED  AT 
THE  DISPOSAL  OF  THE  METROPOLITAN  PARK  COMMISSION  FOR 
GENERAL   PURPOSES. 

Be  it  enacted,  etc.,  as  foUoivs : 

^aH5^°com""°  Section  1.     The  metropolitan  park  commission,  created 

mission  may  by  chapter  four  hundred  and  seven  of  the  acts  of  the  year 
additional  sum,  eighteen  hundred  and  ninety -three,  for  the  purpose  of 
carrying  out  the  provisions  of  said  act  and  of  all  acts  in 
amendment  thereof  or  in  addition  thereto,  including  chap- 
ters four  hundred  and  eighty-three  and  five  hundred  and 
nine  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four,  and  chapter  four  hundred  and  fifty  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-five,  may  expend 
the  further  sum  of  one  million  dollars  in  addition  to  all 
Treasurer  to      sums  heretofore  authorized  to  be  expended  by  it;  and  to 

issue  scrip,  etc.  .  t^  ,      ''  ■, 

meet  expenditures  incurred  under  authority  of  this  act 
the  treasurer  and  receiver  general  shall  issue  a  corre- 
sponding amount  of  scrip  or  certificates  of  indebtedness 
as  an  addition  to  the  metropolitan  parks  loan,  and  shall 
add  to  the  existing  sinking  fund  heretofore  authorized  to 
provide  for  the  payment  of  the  same  ;  said  scrip  or  certi- 
ficates of  indebtedness  shall  be  issued  and  additions  to 
said  sinking  fund  so  established  shall  be  assessed  and 
collected  in  accordance  with  the  provisions  of  sections 
nine,  ten,  eleven  and  twelve  of  said  chapter  four  hundred 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  and  the  provisions  of  chapter  two  hundred 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five. 

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

Approved  June  4,  1896. 


Acts,  1896.  — Chaps.  467,  468.  455 


An  Act  in  addition  to  an  act  making  an  appropriation  for  (JJidj)  457 

CONTINUING  THE   WORK   OF  EXTERMINATING   THE   GYPSY   MOTH. 

Be  it  enacted^  etc. ,  as  folloivs  : 

Section  1.  The  sum  of  ninety  thousand  dollars  is  Extermination 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  moth!^^^*^ 
the  Commonwealth  from  the  ordinary  revenue,  to  be  ex- 
pended under  the  direction  of  the  state  board  of  agricult- 
ure for  continuing  the  work  of  the  extermination  of  the 
gypsy  moth,  this  amount  to  be  in  addition  to  the  ten 
thousand  dollars  appropriated  by  chapter  three  hundred 
and  thirty-six  of  the  acts  of  the  present  year. 

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

Apjjroved  June  4,  1S96. 


ChapAGS 


An  Act  to  incorporate  the  barnstakle  county  street  rail 
way  company. 

Be  it  enacted.,  etc.,  asfolloivs: 

Section  1.     Samuel  L.  Minot,  "William  B.  Bacon,  Abel  ^^^^f/lt^eet 
D.  Makepeace,  William  S.  Hixon,  John  Foster,  Willard  Railway  com- 
Howland,  Albert  D.  Bosson,  Horace  B.  Maglathlin,  George  porated. 
F.  Baker,  William  J.  Ladd,  Edward  C.  Perkins,  Nathaniel 
H.  Stone  and  Benjamin  F.  Gibby,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  under  the  name  of 
the  Barnstable  County  Street  Railway  Company  ;  with  all 
the  powers  and  privileges  and  subject  to  the  duties,  condi- 
tions and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  may  hereafter  be  in  force  relating  to  street 
railway  companies,  except  as  hereinafter  provided. 

Section    2.     Said   company   is   hereby   authorized   to  May  construct, 

.  ,  .J-  ij  •!  •,!  •        -I      etc.,  its  railway 

construct,   maintain  and  operate  a  railway,  with  single  in  certain 
or  double    tracks,    and   with   convenient    turn-outs   and  '°^°*- 
switches,  in  part  upon  private  land,  which  it  may  take 
by  purchase  or  lease,  and  over  and  upon  such  locations 
in  any   streets  or  highways  in  the  towns  of  Falmouth, 
Mashpee  and  Barnstable  as  shall,  subject  to  the  provi- 
sions of  section  seven  of  chapter  one  hundred  and  thirteen 
of  the  Public  Statutes,  be  fixed  and  determined  by  the 
selectmen  of  said  towns  respectively.     Said  company  may  May  acquire 
acquire,  by  purchase  or  lease,  all  necessary  real  estate  for  estaTe?*^^  '^^'^^ 
its  power  station  and  for  uses  incidental  to  the  proper 
maintenance  of  its  railway. 


456 


Acts,  1896.  — Chap.  468. 


Location. 


Motive  power, 
etc. 


May  use  rail- 
way for  trans- 
portation of 
freight,  etc. 


Capital  stock. 


May  issue 
bonds. 


Proviso. 


Bonds  to  be 
approved,  etc. 


Section  3.  The  location  of  said  railway  outside  of 
public  streets  and  highways  shall  not  exceed  fifty  feet 
in  width. 

Section  4.  Said  company  may  maintain  and  operate 
said  railway  by  any  approved  motive  power  other  than 
steam,  and  with  the  consent  of  the  selectmen  of  the  towns, 
respectively,  in  which  locations  are  granted  as  aforesaid, 
may  make  such  surface  and  underground  alterations  of  the 
streets  and  highways,  and  may  erect  and  maintain  such 
poles  and  wires  thereon,  and  may  erect  and  maintain  such 
poles  and  wires  on  private  lands  acquired  as  aforesaid,  as 
may  be  necessary  to  establish  and  maintain  such  motive 
power. 

Section  5.  Said  company  is  hereby  authorized  to  use 
its  railway  for  the  transportation  of  freight  and  baggage, 
subject  to  the  provisions  of  chapter  seventy-three  of  the 
Public  Statutes  and  of  all  laws  relating  to  common  carriers, 
and  to  maintain  such  wharves,  docks  and  other  structures 
connected  therewith  as  may  be  by  it  deemed  necessary  for 
the  transaction  of  its  business,  subject  to  the  provisions 
of  chapter  nineteen  of  the  Public  Statutes. 

Section  6.  The  capital  stock  of  said  company  shall 
not  exceed  one  hundred  thousand  dollars,  except  that  said 
company  may  increase  its  capital  stock  subject  to  the  gen- 
eral laws  applicable  to  such  increase. 

Section  7.  Said  company  may  from  time  to  time  by 
vote  of  a  majority  in  interest  of  its  stockholders  issue 
coupon  or  registered  bonds,  for  a  term  not  exceeding 
thirty  years  from  the  date  thereof:  provided,  that  no  issue 
of  bonds  shall  be  made  unless  there  shall  have  been  actually 
paid  in  an  amount  of  the  capital  stock  equal  to  the  arpount 
of  such  issue.  To  secure  payment  of  such  bonds  with 
interest  thereon  said  company  may  make  a  mortgage  of 
its  road  and  franchise,  and  of  any  of  its  other  property, 
and  may  include  in  such  mortgage  property  thereafter  to 
be  acquired,  and  may  therein  reserve  to  the  directors  the 
right  to  sell  or  otherwise  in  due  course  of  business  to  dis- 
pose of  property  included  therein  which  may  have  become 
worn,  damaged  or  unsuitable  for  use  in  the  transaction  of 
its  business,  provided  that  an  equivalent  in  value  is  sub- 
stituted therefor ;  and  such  mortgage  shall  be  deemed  to 
embrace  the  property  so  substituted.  All  bonds  issued 
shall  first  be  approved  by  some  person  appointed  by  the 
company  for  that  purpose,  who  shall  certify  upon  each 


Acts,  1896.  — Chap.  469.  457 

bond  that  it  is  properly  issued  and  recorded.  All  stock 
and  bonds  authorized  by  this  act  shall  be  issued  and  dis- 
posed of  in  accordance  with  the  provisions  of  all  general 
laws  relative  to  the  issue  of  stock  and  bonds  by  street 
railway  companies. 

Section  8.     The  provisions  of  this  act  shall  become  Portion  of 
void  so  far  as  relates  to  the  rights  of  said  company,  if  it  con^ructed,* 
shall  not  have  constructed  and  put  in  operation  at  least  five  juiy  i^rsQs? 
miles  of  railway  prior  to  the  first  day  of  July  in  the  year 
eighteen  hundred  and  ninety-eight. 

Section  9.     Said   company   may  purchase   electricity  May  purchase 
from  any  corporation  organized  under  the  laws  of  this  ^  ®'^'""'y* 
Commonwealth  for  the  manufacture  and  sale  of  electricity 
in  the  county  of  Barnstable. 

Section  10.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  4,  1896. 

An  Act  relative  to  elections,  caucuses,  voting  lists,  nom-  (^JinYt  469 

INATION     PAPERS,    AND    RECORDS     AND     CERTIFICATES     OF     ELEC-  * 

TION. 

Be  it  enacted,  etc.,  as  follows: 

vSection  1.  Section  sixty-two  of  chapter  four  hundred  amended  ^^^' 
and  seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  inserting  after  the  word 
"  town  ",  in  the  second  line,  the  words  :  —  and  in  Boston 
the  board  of  election  commissioners,  —  by  inserting  after 
the  word  "  register",  in  the  sixth  line,  the  words :  —  ex- 
cept that  in  the  city  of  Boston  in  the  years  designated  for 
general  registration,  the  voting  lists  if  deemed  advisable 
by  the  election  commissioners  may  l)e  prepared  by  streets, 
—  and  by  inserting  after  the  w^ord  "  May",  in  the  ninth 
line,  the  words :  —  and  in  the  city  of  Boston  the  age  of 
each  male  voter  therein,  —  so  as  to  read  as  follows :  — 
Section  62.  The  registrars  of  voters  in  each  city  and  town,  voting  usts, 
and  in  Boston  the  board  of  election  commissioners,  shall,  arrangement, 
from  the  names  entered  in  the  annual  register  of  voters,  *"•"• 
prepare  voting  lists  for  use  at  the  several  elections  to  be 
held  therein.  In  such  voting  lists  they  shall  place  in  al- 
phabetical order  the  names  of  all  voters  entered  on  the 
annual  register,  except  that  in  the  city  of  Boston  in  the 
years  designated  for  general  registration,  the  voting  lists 
if  deemed  advisable  by  the  election  commissioners  may 
be  prepared  by  streets,  and  they  shall  place  opposite  the 


458  Acts,  1896.  — Chap.  469. 

name  of  each  voter  his  residence  on  the  preceding  first 
day  of  May,  or  at  the  time  of  his  becoming  an  inhabitant 
of  such  city  or  town  after  the  first  day  of  May,  and  in  the 
city  of  Boston  the  age  of  each  male  voter  therein ;  and 
they  shall  place  the  names  of  women  entered  as  voters  in 
separate  columns  or  lists.  In  cities  they  shall  pre})are 
such  voting  lists  by  wards,  and  if  a  ward  of  a  city  or  a 
town  is  divided  into  voting  precincts,  they  shall  prepare 
the  same  by  precincts,  and  shall  place  upon  the  lists  for 
each  ward  or  precinct,  as  the  case  may  be,  the  names  of 
all  voters  having  therein  a  residence  as  above-provided. 
They  shall  place  upon  the  voting  lists  no  names  not 
entered  in  the  annual  register. 

1893, 417,  §  64,  Section  2.  Scctiou  sixty-four  of  said  chapter  four 
hundred  and  seventeen  is  hereby  amended  by  inserting 
before  the  word  "  twenty",  in  the  second  line,  the  words  : 
—  except  in  the  city  of  Boston,  and  in  the  city  of  Boston 
the  board  of  election  commissioners, — and  by  inserting 
after  the  word  "  Boston  ",  in  the  fifth  line,  the  words  :  — 
the  board  of  election  commissioners,  except  in  the  years 
designated  for  preparing  new  general  registers,  —  so  as 

Copies  of  voting  ^q  j.^^d  as  follows  :  —  Section  64.     The  registrars  of  voters 

lists  to  be  ,  •         1  •  (.   -Tk 

posted.  m  every  city  and  town,  except  in  the  city  oi  Boston,  and 

in  the  city  of  Boston  the  board  of  election  commissioners, 
twenty  days  at  least  before  the  annual  city  or  town  elec- 
tion, and  in  every  city  and  town  except  the  city  of  Boston, 
thirty  days  at  least  before  the  annual  state  election,  and 
in  the  city  of  Boston  the  board  of  election  commissioners, 
except  in  the  years  designated  for  preparing  new  general 
registers,  twenty-four  days  at  least  before  the  annual  state 
election,  shall  cause  to  be  posted  in  their  principal  office 
and  in  one  or  more  other  public  places  in  the  city  or  town, 
copies  of  the  voting  lists  prepared  in  accordance  with  the 
provisions  of  the  preceding  sections.  In  every  city  and 
town  divided  into  voting  precincts,  the  registrars  shall,  in 
addition,  cause  copies  of  the  voting  lists  of  each  precinct 
to  be  posted  in  one  or  more  public  places  in  the  precinct. 

amendld.^^^'  Section  3.  Scctiou  sixty-fivc  of  said  chapter  four 
hundred  and  seventeen  is  hereby  amended  by  inserting 
after  the  word  "  voters",  in  the  fourth  line,  the  words :  — 
and  in  Boston  the  board  of  election  commissioners, — by 
inserting  after  the  word  "  registrars",  in  the  eighth  line, 
the  words  :  —  or  in  the  city  of  Boston  the  board  of  election 
commissioners,  — and  by  adding  at  the  end  of  the  section. 


Acts,  1896.  — Chap.  469.  469 

the  words  :  —  In  the  city  of  Boston  in  the  years  designated 
for  preparing  new  general  registers,  as  provided  by  sec- 
tion six  of  chapter  four  hundred  and  forty-nine  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-five,  the  l)oard 
of  election  commissioners  shall  as  often  as  once  in  each 
week  during  the  period  of  such  general  registration  cause 
to  be  printed  in  some  one  newspaper  published  in  said 
Boston  such  names,  as  near  as  may  be,  as  shall  have  been 
placed  upon  the  general  registers  during  the  six  days  next 
preceding  the  date  of  such  publication,  —  so  as  to  read  as 
follows  :  —  Section  65.     After  the  voting  lists  have  been  Additional 

ii?  XI-  1  '    1.  1'j.i  i^  y.  names  to  be 

prepared  irom  the  annual  register  and  copies  thereoi  have  posted  or  pub- 
been  posted  as  provided  in  the  preceding  sections,  the  ^'^'*«"*' «'<=• 
registrars  of  voters,  and  in  Boston  the  board  of  election 
commissioners,  shall,  within  forty-eight  hours  after  add- 
ing a  new  name  to  the  annual  register,  cause  such  name 
to  be  added  to  the  lists  so  posted  in  their  principal  office. 
If,  however,  a  city  or  town  shall  authorize  the  registrars, 
or  in  the  city  of  Boston  the  board  of  election  commission- 
ers, to  publish  the  names  so  added  to  the  register,  they 
may,  instead  of  posting  as  aforesaid,  cause  all  additional 
names  to  be  printed  in  some  one  newspaper  published  in 
the  city  or  town,  or,  if  no  newspaper  is  so  published,  then 
in  some  one  newspaper  published  in  the  county  in  which 
such  city  or  town  is  situated.  In  the  city  of  Boston  in 
the  years  designated  for  preparing  new  general  registers, 
as  provided  by  section  six  of  chapter  four  hundred  and 
forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,  the  board  of  election  commissioners  shall  as 
often  as  once  in  each  week  during  the  period  of  such  gen- 
eral registration  cause  to  be  printed  in  some  one  newspaper 
published  in  said  Boston  such  names,  as  near  as  may  be, 
as  shall  have  been  placed  upon  the  general  registers  dur- 
ing the  six  days  next  preceding  the  date  of  such  publi- 
cation. 

Section  4.  Section  seventy-two  of  said  chapter  four  1893. 417.  §  72, 
hundred  and  seventeen  is  hereby  amended  by  inserting  ''™®°'*®'*- 
after  the  word  "  shall  ",  in  the  second  line,  the  words  :  — 
be  issued  not  less  than  seven  days  prior  to  the  day  on 
which  said  caucus  is  to  be  held,  and  shall  state  the  place 
where  and  the  day  and  hour  when  the  said  caucus  is  to  be 
held,  and  shall  be  conspicuously  placed  or  posted  in  at 
least  five  places  on  a  line  or  lines  of  public  travel,  and,  if 
practicable,  in  every  post  office  within  the  city  or  town 


460 


Acts,  1896.  — Chap.  469. 


Notices  of 
caucuses. 


Temporary 
chairman ; 
organization. 


1893,  417,  §  78, 
etc.,  amenUed. 


Komination 
papers,  sigua- 
tures,  etc. 


wherein  the  caucus  is  to  be  held,  or  shall  be  published  at 
least  twice  in  any  one  or  more  local  newspapers,  if  any. 
Said  notice  shall,  —  so  as  to  read  as  follows  :  —  Section 
72.  The  notice  for  a  caucus  under  the  provisions  of  this 
title  shall  be  issued  not  less  than  seven  days  prior  to  the 
day  on  which  said  caucus  is  to  be  held,  and  shall  state  the 
place  where  and  the  day  and  hour  when  the  said  caucus  is 
to  be  held,  and  shall  be  conspicuously  placed  or  posted  in 
at  least  five  places  on  a  line  or  lines  of  public  travel,  and, 
if  practicable,  in  every  post  office  within  the  city  or  town 
wherein  the  caucus  is  to  be  held,  or  shall  be  published  at 
least  twice  in  any  one  or  more  local  newspapers,  if  any. 
Said  notice  shall  designate  by  name  or  office  the  person 
who  shall  call  such  caucus  to  order ;  and  the  person  so 
designated  shall  call  the  caucus  to  order  and  preside  until 
a  chairman  is  chosen.  In  case  however  the  person  so  des- 
ignated shall  be  absent  at  the  time  appointed,  the  caucus 
may  choose  a  temporary  chairman  to  act  in  place  of  such 
person.  The  organization  of  the  caucus  by  the  choice  of 
a  chairman,  secretary,  and  such  other  officers  as  the  meet- 
ing may  require,  shall  be  the  first  business  in  order. 

Section  5.  Section  seventy-eight  of  said  chapter  four 
hundred  and  seventeen  as  amended  by  section  one  of 
chapter  two  hundred  and  sixty-two  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five  is  hereby  amended  by  in- 
serting after  the  word  "any",  in  the  fourth  line,  the 
words :  —  except  that  any  voter  who  is  prevented  from 
writing  by  a  physical  disability  or  who  had  the  right  to 
vote  on  the  first  day  of  May  in  the  year  eighteen  hundred 
and  fifty-seven  may  authorize  some  other  person  to  write 
his  name  and  place  of  residence  in  his  presence,  —  by  in- 
serting after  the  word  "town",  in  the  eleventh  line,  the 
words  :  —  and  in  Boston  the  board  of  election  commission- 
ers, —  by  inserting  after  the  word  "  are  ",  in  the  sixteenth 
line,  the  words:  —  election  commissioners  or, — by  in- 
serting after  the  word  "registrars",  in  the  seventeenth 
line,  the  words  :  —  or  said  board  of  election  commission- 
ers, —  and  by  inserting  after  the  word  "  thereto  ",  in  the 
twenty-first  line,  the  words  :  —  and  names  upon  nomina- 
tion papers  not  certified  in  the  first  instance  by  the  regis- 
trars or  board  of  election  commissioners  shall  not  there- 
after be  certified  by  them  on  the  same  nomination  papers, 
—  so  as  to  read  as  follows  :  —  Section  78.  Every  voter 
signing  a  nomination  paper  shall  sign  the  same  in  person, 


Acts,  1896.  — Chap.  469.  461 


and  shall  add  to  his  signature  his  place  of  residence,  with 
the  street  and  number  thereof,  if  any ;  except  that  any 
voter  who  is  prevented  from  writing  by  a  physical  disabil- 
ity or  who  had  the  right  to  vote  on  the  first  day  of  May  in 
the  year  eighteen  hundred  and  fifty-seven  may  authorize 
some  other  person  to  write  his  name  and  place  of  resi- 
dence in  his  presence ;  and  every  voter  may  subscrilje  to 
as  many  nominations  for  each  office  to  be  filled  as  there  are 
persons  to  be  elected  thereto,  and  no  more.  Women  women  may 
qualified  to  vote  for  members  of  the  school  committee  may  commmee/eto. 
sign  nomination  papers  for  candidates  for  the  school  com- 
mittee. Every  nomination  paper  shall,  before  being  filed, 
be  seasonably  submitted  to  the  registrars  of  voters  of  the 
city  or  town,  and  in  Boston  the  board  of  election  commis- 
sioners, 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  num- 
ber of  signatures  which  are  names  of  qualified  voters  both 
in  the  city  or  town  for  which  they  are  election  commission- 
ers or  registrars  and  in  the  district  or  division  for  which 
the  nomination  is  made.     The  registrars  or  said  board  of  RegiBtrars' 

&  certificate,  etc. 

election  commissioners  shall  not  however  be  required  in 
any  case  to  certify  upon  a  nomination  paper  a  greater 
number  of  names  than  such  number  as  is  required  to  make 
a  nomination  as  aforesaid,  with  one  fifth  of  such  number 
added  thereto,  and  names  upon  nomination  papers  not  cer- 
tified in  the  first  instance  by  the  registrars  or  board  of 
election  commissioners  shall  not  thereafter  be  certified  by 
them  on  the  same  nomination  papers,  and  the  secretary  of 
the  Commonwealth  shall  not  be  required  in  any  case  to 
receive  and  file  nomination  papers  after  receiving  and  fil- 
ing such  papers  containing  a  sufficient  number  of  certified 
names  to  make  a  nomination,  with  one  fifth  of  such  num- 
ber added  thereto.  One  of  the  signers  to  each  separate  oath  of  signer 
nomination  paper  shall  swear  that  the  statements  therein  *'"^' 
are  true,  to  the  best  of  his  knowledge  and  belief,  and  the 
certification  of  such  oath  and  the  post  office  address  of  the 
signer  shall  be  annexed  to  such  paper. 

Section  6.     Section  seventy-nine  of  said  chapter  four  i«93, 417,  §  79, 
hundred  and   seventeen  is  hereby  amended  by  inserting  ''™*'" 
after  the  word  "  words",  in  the  seventh  line,  the  words: 
—  All  certificates  of  nomination  shall  also  contain  a  state- 
ment of  what  provision,  if  any,  was  made  by  the  caucus 
or  convention  for  filling  vacancies  caused  by  the  death, 


462 


Acts,  1896.  — Chap.  469. 


Contents  of 
certiticates  of 
nomination  and 
nomination 
papers. 


Designation  in 
certain  cases. 


withdrawal  or  ineligibility  of  candidates, — by  inserting 
after  the  word  "  term",  in  the  twentieth  line,  the  words  : 
—  which  name  or  term  shall  not  be  the  name  of  any  party 
which  cast  at  the  last  preceding  election  more  than  three 
thousand  votes  for  governor,  —  and  by  inserting  before 
the  word  "  and  ",  in  the  twenty-third  line,  the  words  :  — 
which  designation  shall  not  be  changed  after  being  once 
placed  upon  the  paper,  —  so  as  to  read  as  follows :  — 
Section  79.  All  certificates  of  nomination  and  nomina- 
tion papers  shall,  besides  containing  the  names  of  candi- 
dates, specify  as  to  each:  (1)  his  place  of  residence  with 
street  and  number  thereon,  if  any ;  (2)  the  office  for 
which  he  is  nominated;  and  (3),  except  as  hereinafter 
provided,  the  party  or  political  principle  which  he  repre- 
sents, expressed  in  not  more  than  three  words.  All  cer- 
tificates of  nomination  shall  also  contain  a  statement  of 
what  provision,  if  any,  was  made  by  the  caucus  or  con- 
vention for  filling  vacancies  caused  by  the  death,  with- 
drawal or  ineligibility  of  candidates.  In  the  case  of 
electors  of  president  and  vice  president  of  the  United 
States,  the  names  of  the  candidates  for  president  and  vice 
president  may  be  added  to  the  party  or  political  designa- 
tion. To  the  name  of  each  candidate  for  the  oflice  of 
alderman  at  large  in  a  city  shall  be  added  the  number  or 
letter  of  the  ward  in  which  the  candidate  resides. 

If  a  candidate  is  nominated  otherwise  than  by  a  political 
party  which  at  the  preceding  annual  state  election  polled 
for  governoiT  three  per  centum  of  the  entire  vote  cast  for 
that  office,  the  name  of  a  party  so  polling  three  per  centum 
of  such  entire  vote  shall  not  be  used  in  the  party  or  politi- 
cal designation  of  such  candidate,  except  as  describing  and 
preceding  some  other  name  or  term,  which  name  or  term 
shall  not  be  the  name  of  any  party  which  cast  at  the  last 
preceding  election  more  than  three  thousand  votes  for  gov- 
ernor ;  and  if  so  used  in  case  of  a  candidate  nominated  by 
a  nomination  paper,  the  designation  of  such  candidate  shall 
consist  of  not  more  than  two  words,  which  designation 
shall  not  be  changed  after  being  once  placed  upon  the 
paper ;  and  to  such  designation  shall  be  added  the  words 
"nomination  paper",  or,  as  abbreviated,  "  nora.  paper". 
Certificates  of  nomination  and  nomination  papers  for  the 
nomination  of  candidates  for  town  offices  may  include  a 
designation  of  the  party  or  principle  which  the  candidate 
represents,  but  no  such  designation  shall  be  necessary. 


Acts,  1896.  — Chap.  469.  463 

Section  7.  Section  two  of  chapter  two  hundred  and  Jejea!ed'.  ^  ^' 
fifty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninetj^-five  is  hereby  repealed ;  and  section  eighty-seven  i893, 417,  §  87, 
of  chapter  four  hundred  and  seventeen  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  is  amended  by 
adding  at  the  end  thereof  the  words  :  —  In  case  of  vacan- 
cies caused  by  withdrawal,  certificates  of  nomination  under 
this  section  made  otherwise  than  in  the  original  manner 
shall  be  filed  in  the  ofiice  of  the  secretary  or  clerk,  as  the 
case  may  be,  within  a  reasonable  time,  not  exceeding 
seventy-two  hours  after  the  last  day  and  hour  for  filing 
withdrawals,  and  they  shall  be  open  to  objection  in  the 
same  manner,  as  far  as  practicable,  as  provided  in  section 
eighty-five  of  this  act,  in  regard  to  certificates  of  original 
nominations.  No  vacancy  caused  by  withdrawal  shall  be 
filled  before  the  withdrawal  shall  be  duly  filed  in  the  office 
of  the  secretary  or  clerk,  as  the  case  may  be,  —  so  as  to 
read  as  follows  :  —  Section  87.  In  case  a  candidate  who  Nomination  in 
has  been  duly  nominated  for  a  state,  city  or  town  office,  wTthdrlwaf,'''' 
shall  die  before  the  day  of  election,  or  shall  cause  his  didateL'^'*" 
name  to  be  withdrawn  from  nomination,  in  accordance 
with  the  provisions  of  this  title,  or  shall  be  found  in  ac- 
cordance with  the  provisions  thereof  to  be  ineligible  to 
the  office  for  which  he  is  nominated,  the  vacancy  may  be 
supplied  by  the  political  party  or  other  persons  making 
the  original  nomination,  in  the  manner  in  which  such 
nomination  was  originally  made ;  or  if  the  time  is  in- 
sufficient therefor,  then  the  vacancy  may  be  supplied,  if 
the  nomination  was  made  by  a  convention  or  caucus,  in 
such  manner  as  the  convention  or  caucus  has  previously 
provided  for  the  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  case  of  vacancies  caused  by  withdrawal  certificates  of  certiflcateB  of 

1  ,  •  -i  ^  .  ,  .  nomination  to 

nomination  under  this  section  made  otherwise  than  mi  the  be  open  to 
original  manner  shall  be  filed  in  the  office  of  the  secretary  °^^^''"*'°'  *'"• 
or  clerk,  as  the  case  may  be,  within  a  reasonable  time,  not 
exceeding  seventy-two  hours  after  the  last  day  and  hour 
for  filing  withdrawals,  and  they  shall  be  open  to  objec- 
tion in  the  same  manner,  as  far  as  practicable,  as  pro- 
vided in  section  eighty-five  of  this  act,  in  regard  to 
certificates  of  original  nominations.  No  vacancy  caused 
by  withdrawal  shall  be  filled  before  the  withdrawal  shall 


464 


Acts,  1896.  — Chap.  469. 


1893,  417,  §  149, 
etc.,  amended. 


State  and  city 
elections, 
posting  of 
instructions, 
etc. 


Delivery  of 
ballots  to  ballot 
clerks. 


Town  elections, 
posting  of 
instructions, 
etc. 


be  duly  filed  in  the  office  of  the  secretary  or  clerk,  as 
the  case  may  be. 

Section  8.  Section  one  hundred  and  forty-nine  of  said 
chapter  four  hundred  and  seventeen  as  amended  by  section 
one  of  chapter  two  hundred  and  seventy-five  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-five  is  hereby 
amended  by  inserting  after  the  word  "  held",  in  the  forty- 
first  line,  the  words  :  —  Pasters  to  be  placed  on  the  official 
ballot  shall  be  sul^ject  to  all  the  restrictions  imposed  by 
sections  seventy-nine  and  one  hundred  and  thirty-two  as 
to  the  names,  residences  and  political  designations  of  can- 
didates and  the  size  of  type  in  which  the  names  shall  be 
printed,  —  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  ballots  and 
copies  of  any  proposed  amendments  to  the  constitution, 
which  have  been  received  for  such  polling  place,  and  shall 
cause  not  less  than  three  such  cards  and  three  such  copies, 
if  any,  and  not  less  than  five  specimen  ballots  to  be  posted 
in  and  about  the  polling  place  outside  the  guard  rail,  and 
shall  also  cause  the  cards  of  instruction  and  a  copy  of  any 
proposed  amendment  to  be  posted  at  or  in  each  marking 
shelf  or  compartment  inside  the  guard  rail ;  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  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 
shall  at  the  opening  of  the  polls  at  any  such  election 
publicly  break  the  seals  of  the  packages  containing  the 
ballots  for  distribution  at  such  polling  place,  open  the 
packages,  and  deliver  the  ballots  to  the  'ballot  clerks. 

In  elections  of  town  officers  in  towns,  for  which  ballots 
have  by  law  been  provided  at  the  expense  of  the  town, 
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 


Acts,  189(3.  — Chap.  469.  465 

each  marking  shelf  or  compartment  inside  the  guard  rail, 

and  no  other  poster,  card,  handliill,  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  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.     Pasters  to  be  placed  on  the  Pasters  placed 

official  ballot  shall  be  subject  to  all  the  restrictions  imposed  bai°o?8''to'be 

by  sections  seventy-nine  and  one  hundred  and  thirty-two  ^i^^restricuona 

as  to  the  names,  residences  and  political  designations  of 

candidates  and  the  size  of  type  in  which  the  names  shall 

be  printed. 

The  town  clerk  shall  likewise  on  the  day  of  election.  Delivery  of 
before  the  opening  of  the  polls,  deliver  the  ballots  to  the  creX^recefpts, 
l)allot  clerks,  who  shall  receipt  therefor,  and  their  receipt  ^^''' 
shall  be  preserved  in  the  office  of  the  clerk  for  the  period 
of  one  year.    No  such  ballots  shall,  however,  be  delivered 
to  voters  until  a  moderator  has  been  chosen  in  the  manner 
provided  by  law. 

Section  0.  Section  one  hundred  and  seventy-nine  of  imendld.^"'' 
said  chapter  four  hundred  and  seventeen  is  hereby  amended 
by  inserting  after  the  word  "  days  ",  in  the  second  line,  the 
words  :  —  and  in  the  city  of  Boston  the  board  of  election 
commissioners  shall,  within  fifteen  days,  —  by  striking  out 
in  the  fifth  and  sixth  lines,  the  words  "  commissioners  of 
insolvency",  by  inserting  after  the  word  "selectmen",  in 
the  eleventh  line,  the  words  :  —  or  by  said  board  of  election 
commissioners,  — by  inserting  after  the  word  "  clerk",  in 
the  twelfth  line,  the  words :  —  or  by  said  board  of  elec- 
tion commissioners,  —  by  inserting  after  the  w^ord  "  trans- 
mitted", in  the  twenty-fourth  line,  the  words:  —  by  said 
board  of  election  commissioners, — and  by  inserting  after 
the  word  "clerks",  in  the  thirtieth  line,  the  words:  — 
and  said  board,  —  so  as  to  read  as  follows  :  —  Section  1 79.  Returns  of 
The  city  or  town  clerk  of  every  city  and  town  shall,  within  taryf  °*®"^ 
ten  days,  and  in  the  city  of  Boston  the  board  of  election 
commissioners  shall,  within  fifteen  days  from  the  day  of 
any  election  therein  for  representative  in  congress,  gov- 
ernor, lieutenant  governor,  councillor,  secretary,  treasurer 
and  receiver  general,  auditor,  attorney-general,  clerk  of 
courts,  register  of  probate  and  insolvency,  sheriff",  district 
attorney,  or  senator,  or  for  electors  of  president  and  vice 


466  Acts,  1896.  — Chap.  469. 

president  of  the  United  States,  transmit  to  the  secretary 
of  the  Commonwealth  copies  of  the  records  of  the  votes 
for  such  officers,  which  copies  shall  be  certified  by  the 
board  of  aldermen  or  the  selectmen,  or  by  said  board  of 
election  commissioners,  as  the  case  may  be,  and  shall  be 
attested  and  sealed  by  the  clerk,  or  by  said  board  of  elec- 
Returns  of  votes  ^Jq^^  couimissioners.     The  city  or  town  clerk  of  every  city 

to  county  com-  i      11      •        ti  •    i   •  i  '' 

missioners  and    and  town  shall,  in  like  manner,  within  ten  days  alter  an 
'  election  therein  for  county  treasurer  or  register  of  deeds, 
transmit  to  the  county  commissioners  of  the  county  for 
which  such  officers  are  to  be  chosen,  copies  of  the  records 
of  the  votes  for  such  officers,  certified,  attested  and  sealed 
as  aforesaid ;  and  shall  within  ten  days  after  an  election 
therein  for  county  commissioner  or  special  commissioners, 
transmit  to  the  clerk  of  the   courts  for  the  county  the 
records  of  the  votes  for  such  officers,  so  certified,  attested 
Returns  of  votea  and  Sealed;  except  that  the  records  of  the  votes  cast  in 
Suffolk/  °        the  county  of  Suffolk  for  register  of  deeds  shall  be  trans- 
mitted by  said  board  of  election   commissioners  to  the 
board  of  aldermen  of  the  city  of  Boston,  and  the  records 
of  the  votes  cast  in  the  city  of  Chelsea  and  the  towns  of 
Revere  and  Winthrop  in  said  county,  for  county  commis- 
sioner and  special  commissioners,  shall  be  transmitted  to 
the  clerk  of  the  courts  for  the  county  of  Middlesex. 
m?tt^edYn  en-  The  city  and  town  clerks  and  said  board  shall  transmit 

eri°  Midorsed  ^^^  such  copics  of  the  Tccords  of  A^otcs  in  envelopes,  upon 
the  outside  of  which  they  shall  specify  the  offices  for  which 
the  votes  were  cast,  and,  in  case  officers  are  elected  for 
divisions  of  the  Commonwealth,  the  divisions  in  which  the 
votes  are  cast. 
aS^LdeV^'  Section  10.     Section  four  of  chapter  four  hundred  and 

eighty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  inserting  after  the  word 
"election",  in  the  eleventh  line,  the  words: — and  until 
their  successors  shall  have  organized,  —  so  as  to  read  as 
wramittl'ls?''"  follows  :  —  SectioTi  4.  Each  political  party  shall  in  every 
election,  term,  ^ard  and  towii  annually  elect  a  committee  to  be  called  in 
the  case  of  a  town  a  town  committee,  and  in  the  case  of  a 
ward  a  ward  committee,  which  shall  consist  of  not  less 
than  three  persons,  who  shall  hold  office  for  one  year  from 
the  first  day  of  January  next  following  their  election  and 
until  their  successors  shall  have  organized,  except  that 
whenever  a  ward  committee  shall  be  elected  between  the 
first  day  of  January  and  the  first  day  of  June,  the  mem- 


Acts,  1896.  — Chap.  469.  467 

bers  thereof  shall  hold  office  for  one  year  from  the  first 
day  of  June  next  following  their  election  and  until  their 
successors  shall  have  organized. 

The  members  of  the  several  ward  committees  of  a  politi-  ^ommmels'^'* 
cal  party  in  a  city  shall  constitute  a  committee  to  be  called  organization. 
a  city  committee.  Each  town  committee  shall  annually, 
on  a  date  between  the  first  day  of  January  and  the  first 
day  of  March  following,  and  each  city  committee  shall, 
within  thirty  days  from  the  l)eginning  of  their  term  of 
ofiice,  meet  and  organize  by  the  choice  of  a  chairman,  a 
secretary  and  a  treasurer,  and  such  other  officers  as  they 
may  decide  to  elect. 

Section  11.  Section  ten  of  chapter  four  hundred  and  amended  ^^"' 
eighty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  inserting  after  the  word 
"  meeting",  in  the  tenth  line,  the  words  :  —  of  a  political 
party,  — so  as  to  read  as  follows  :  — Section  10.  Every  caiiingof 
caucus  of  a  political  party  in  a  town  or  city  shall  be  called  <'''"°"*®*' ® '^• 
by  a  written  or  printed  notice  specifying  that  the  same  is 
to  be  held  in  accordance  with  the  provisions  of  the  caucus 
act  of  eighteen  hundred  and  ninety-five,  and  the  provi- 
sions thereof  shall  then  apply  to  the  conduct  and  proceed- 
ings of  any  such  caucus,  but  nothing  herein  shall  prevent 
the  enforcement  at  such  caucus  of  further  regulations  not 
inconsistent  with  the  provisions  of  this  act.  Except  as 
above-provided,  no  caucus  or  meeting  of  a  political  party 
shall  be  entitled  to  nominate  a  candidate  for  a  public  office, 
whose  name  shall  be  placed  on  the  ballots  provided  in  ac- 
cordance with  the  provisions  of  chapter  four  hundred  and 
seventeen  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  and  acts  in  amendment  thereof  and  in  addi- 
tion thereto,  or  shall  be  entitled  to  select  delegates  to  a 
political  convention  for  the  nomination  of  a  candidate, 
whose  name  shall  be  placed  on  the  ballots  so  provided, 

Sectiox   12.     Section  three  of  chapter  five  hundred  and  ^^^^>  ^'^l-  §  ^• 

/.  ,  1  ^    ,  .    ,  1  1        T  amended. 

seven  oi  the  acts  oi  the  year  eighteen  hundred  and  ninety- 
five  is  hereby  amended  by  inserting  in  the  fifth  line,  after 
the  word  "election",  the  words:  —  shall  be  called  and 
held  as  herein  provided  and, — and  by  inserting  in  the 
twenty-second  line,  after  the  word  "  clerk  ",  the  w^rds  :  — 
or  in  the  city  of  Boston  the  board  of  election  commis- 
sioners,—  so  as  to  read  as  follows:  —  Sections.  All  "Certain 
caucuses  of  a  political  party  in  said  cities  and  towns  for  teid  on  same 
the  choice  of  candidates  to  be  voted  for  at  a  city  or  town  '^^^' 


468 


Acts,  1896.  — Chap.  469. 


Proviso. 


City  or  town 
committee  to 
determine  days, 
etc. 


Party  first  filing 
copy  of  call 
entitled  to 
precedence. 


1895,  507,  §  7, 
amended. 


Nominations  to 
be  made  by 
nomination 
papers. 


Signatures. 


To  be  members 
of  party. 

To  sign  in 
person,  etc. 


election,  and  for  the  choice  of  delegates  to  a  convention 
to  nominate  candidates  to  be  voted  for  at  a  city  or  town 
election,  shall  be  called  and  held  as  herein  provided  and 
shall  be  held  on  the  same  day  in  each  city  and  town, 
except  such  caucuses  as  relate  to  a  special  election :  pro- 
vided, however,  that  in  said  cities  or  towns  caucuses  for 
the  choice  of  delegates  to  a  convention  to  nominate  can- 
didates to  be  voted  for  by  the  citj^  or  tow^n  at  large  may 
be  held  upon  a  difierent  day  from  the  other  caucuses 
above-mentioned.  All  caucuses  for  the  choice  of  a  ward 
committee  shall  be  held  on  the  same  day,  which  may  be 
the  same  as  the  day  for  holding  caucuses  for  the  choice 
of  candidates  to  be  voted  for  at  a  city  election.  The  city 
or  town  committee  shall  determine  the  days  upon  which 
all  the  caucuses  mentioned  in  this  section  shall  be  held, 
and  all  calls  for  the  same  shall  be  issued  by  the  chairman 
and  secretary  of  the  city  or  town  committee. 

No  two  political  parties  shall  hold  their  caucuses  on  the 
same  day.  The  party  first  filing  with  the  city  or  town 
clerk,  or  in  the  city  of  Boston  the  board  of  election  com- 
missioners, a  copy  of  the  call  for  a  caucus  shall  be  entitled 
to  precedence  on  the  day  named 

Section  13.  Section  seven  of  chapter  five  hundred 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  adding  at  the  end  of  the 
section  the  words  :  —  No  nomination  paper  offered  for  fil- 
ing shall  be  received  or  deemed  to  be  valid  unless  there 
shall  be  presented  for  filing  with  such  nomination  paper 
the  written  acceptance  of  the  candidate  or  candidates  for 
an  elective  ofiice  thereby  nominated,  —  so  as  to  read  as 
follows :  —  Section  7.  Nominati(ms  by  members  of  a 
political  party  of  candidates  for  elective  ofiices,  for  dele- 
gates to  a  convention,  for  caucus  ofiicers,  and  for  a 
ward  or  town  committee  to  be  voted  for  at  a  caucus, 
shall  be  made  b}'^  nomination  papers,  as  hereinafter  pro- 
vided. 

Such  papers  shall  contain  the  signatures  of  not  less 
than  five  legal  voters  of  the  ward  or  town  in  which  the 
caucus  is  to  be  held. 

Said  voters  shall  be  members  of  the  political  party 
whose  caucus  is  to  be  held. 

Every  voter  signing  a  nomination  paper  shall  sign  the 
same  in  person,  and  shall  add  to  his  signature  the  street 
and  number,  if  any,  of  his  residence. 


Acts,  1896.  —  Chap.  470.  469 

Nomination   papers   placinoj   candidates  in  nomination  Number  of 

1,,  .  J     •  ^  1  X"  jy  Tij         names  limited. 

shall  not  contain  a  larger  number  ot  names  oi  candidates 
than  there  are  persons  to  be  elected.  They  may  contain 
a  less  number. 

No  nomination  paper  ofiered  for  filing  shall  be  received  ^cl'trbe"^^*^ 
or  deemed  to  be  valid  unless  there  shall  be  presented  for  presented  with 

...  .       '■  nomination 

filing  with  such  nomination  paper  the  written  acceptance  papers. 
of  the  candidate  or  candidates  for  an  elective  office  thereby 
nominated. 

Section   14.     Section  thirty  of  chapter  five  hundred  ^^g^i^e^'  ^  ^*^' 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five  is  hereby  amended  by  striking  out  all  of  said 
section  and  inserting  in  place   thereof  the   following :  — 
Section  30.     In  the  case  of  a  newly  incorporated  city,  or  Appointment 
in  the  case  of  re-division  into  wards  of  a  city  to  which  the  offlife"rrto  serve 
provisions  of  this  act  apply,  at  the  first  caucuses  held  in  ?J  ^  ng^^" """^ 
the  next  succeeding  year  the  caucus  officers  to  serve  in  incorporated 

1111  'xiii  •  •    1  eity  or  a 

such  caucuses  shall  be  appomted  by  the  city  committee;  redivision into 
and  at  the  aforesaid  caucuses  the  regular  caucus  officers  ^"'■*^*" 
shall  be  chosen  as  hereinbefore  provided.  Each  officer  so 
chosen  shall  hold  office  for  one  year  from  the  first  day  of 
October  succeeding  his  election  and  until  his  successor  is 
elected.  In  case  of  such  re-division  of  a  city  into  wards 
any  political  party  may  in  the  next  succeeding  year  elect 
its  ward  committees,  to  serve  for  such  terms,  not  exceed- 
ing the  length  of  the  terms  for  which  the  former  com- 
mittees were  chosen,  as  the  city  committee  existing  at  the 
time  of  calling  the  caucuses  may  determine,  and  thereafter 
shall  elect  such  committees  at  the  times  and  for  the  terms 
prescribed  by  law. 

Section  15.     This  act  shall  take  eflect  upon  its  passage. 

Apprd^ed  June  4,  1896. 


CJiapAlO 


An  Act  relative  to  the  surrender  value   of   endowment 

policies. 

Be  it  enacted^  etc..,  as  follows: 

Section  seventy-six  of  chapter  five  hundred  and  twenty-  1894, 522,  §  76, 
two  of  the  acts  of  the  year  eighteen  hundred  and  ninety-  ^""^^ 
four  is  hereby  amended  by  striking  out  in  the  thirty-fifth, 
thirty-sixth  and  thirty- seventh  lines,  the  words  '■'■  provided, 
that  from  the  surrender  value  of  all  endowment  policies 
the  company  may  deduct  five  per  cent.",  and  by  striking 
out   in   the  forty-fifth   and   forty-sixth   lines,   the   words 


470 


Acts,  1896.  — Chap.  470. 


Non-forfeiture 
of  policies. 


Paid  up  and 
cash  surrender 
values. 


Policies  to  have 
a  surrender 
value. 


Payment  to  be 
in  cash,  etc. 


^^ provided,  that  from  such  net  value  of  all  endowment 
policies  the  company  may  deduct  five  per  cent.",  so  as 
to  read  as  follows  :  —  /Section  76.  All  policies  hitherto 
issued  by  any  domestic  life  insurance  company  shall  be 
sul)ject  to  the  provisions  of  law  applicable  and  in  force  at 
the  date  of  such  issue.  No  policy  of  life  or  endowment 
insurance  hereafter  issued  by  any  such  company  shall 
become  forfeit  or  void  for  non-payment  of  premium  after 
two  full  annual  premiums,  in  cash  or  note,  or  both,  have 
l)een  paid  thereon  ;  but  in  case  of  default  in  the  payment 
of  anj'  subsequent  premium,  then,  without  any  further 
stipulation  or  act,  such  policy  shall  be  binding  upon  the 
company  for  the  amount  of  paid  up  insurance  which  the 
then  net  value  of  the  policy  and  all  dividend  additions 
thereon,  computed  by  the  rule  of  section  eleven,  less  any 
indebtedness  to  the  company  on  account  of  said  policy, 
and  less  the  surrender  charge  provided  herein,  will  pur- 
chase as  a  net  single  premium  for  life  or  endowment 
insurance  maturing  or  terminating  at  the  time  and  in  the 
manner  provided  in  the  original  policy  contract ;  and  such 
default  shall  not  change  or  afl'ect  the  conditions  or  terms 
of  the  policy,  except  as  regards  the  payment  of  premiums 
and  the  amount  payable  thereon.  Said  surrender  charge 
shall  ])e  eight  per  cent,  of  the  insurance  value  of  the  policy 
at  the  date  of  default,  which  insurance  value  is  the  present 
value  of  all  the  normal  future  yearly  costs  of  insurance, 
which  by  its  terms  said  policy  is  exposed  to  pay  in  case  of 
its  continuance,  computed  upon  the  rate  of  mortality  and 
interest  assumed  in  section  eleven.  Every  such  policy, 
after  the  payment  of  two  full  annual  premiums  thereon,  or 
when  ])y  its  terms  it  has  become  paid  up,  shall  have  a  sur- 
render value  which  shall  be  its  net  value,  less  the  surrender 
charge,  and  less  any  indebtedness  to  the  company  on 
account  of  the  said  policy,  and  its  holder  may,  upon  any 
subsequent  anniversary  of  its  issue,  surrender  the  same 
and  claim  and  recover  from  the  company  such  surrender 
value  in  cash.  On  policies  of  prudential  or  industrial  in- 
surance on  which  the  weekly  premiums  are  not  more  than 
fifty  cents  each,  the  surrender  value  in  all  cases  shall  be 
payable  in  cash.  Upon  surrender,  on  any  anniversary  of 
its  issue,  of  a  policy  which  has  become  paid  up  after  the 
payment  of  two  full  annual  premiums,  by  force  of  the 
statute,  upon  default  in  payment  of  premium,  the  holder 
shall  be  entitled  to  its  net  value,  payable  in  cash.     But  no 


Acts,  1896.  — Chaps.  471,  472.  471 

surrender  of  a  policy  shall  be  made  without  the  written 
assent  of  the  person  to  whom  the  policy  is  made  payable. 
Any  condition  or  stipulation  in  the  policy  or  elsewhere, 
contrary  to  the  provisions  of  this  section,  and  any  waiver 
of  such  provisions  by  the  insured,  shall  be  void. 

Approved  June  4, 1896. 


An  Act  to  authorize  the  town  of  shaeon  to  make  an  ad- 
ditional WATER  LOAN. 


ChapAll 


Be  it  enacted,  etc.,  as  follows  .• 

Section  1.  The  town  of  Sharon,  for  the  purposes  Sharon  water 
mentioned  in  chapter  two  hundred  and  forty-one  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  and 
for  the  further  extension  and  maintenance  of  its  water 
supply  system,  may  issue  bonds,  notes  or  scrip  from  time 
to  time  to  be  denominated  on  the  face  thereof,  Sharon 
Water  Loan,  to  an  amount  not  exceeding  ten  thousand 
dollars  in  addition  to  the  amounts  heretofore  authorized 
by  law  to  be  issued  by  said  town  for  the  same  purposes.  ■ 
Said  bonds,  notes  or  scrip  shall  be  issued  upon  the  same 
terms  and  conditions  and  with  the  same  powers  as  are  pro- 
vided in  said  act  for  the  issue  of  the  Sharon  water  loan  by 
said  town  :  provided,  that  the  whole  amount  of  said  bonds.  Proviso, 
notes  or  scrip  issued  by  said  town,  together  with  those 
heretofore  issued  for  the  same  purposes,  shall  not  exceed 
the  sum  of  one  hundred  and  fifty-five  thousand  dollars. 

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

Approved  June  4,  1896. 


CJiapA72 


An  Act  increasing  the  amount  of  monev  placed  at  the  dis- 

!'OSAL   OF   the   METROPOLITAN   PARK   COMMISSION     FOR    THE   CON- 
STRUCTION  OF   ROADWAYS   AND    BOULEVARDS. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  metropolitan  park  commission,  ere-  Metropolitan 
ated  by  chapter  four  hundred  and  seven  of  the  acts  of  the  series  Two! 
year  eighteen  hundred  and  ninety-three,  may,  for  the  pur- 
poses of  constructing  roadways  and  boulevards  under  the 
authority  of  chapter  two  hundred  and  eighty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four  and  of 
any  acts  in  amendment  thereof  or  in  addition  thereto,  ex- 
pend the  further  sum  of  five  hundred  thousand  dollars  in 
addition  to  all  sums  hitherto  authorized  to  be  expended  by 
it,  for  the  purposes  of  constructing  such  roadways  and 


472  Acts,  1896.  — Chap.  473. 

boulevards  ;  and  to  meet  any  expenditure  under  the  author- 
ity of  this  act  the  treasurer  and  receiver  general  shall  issue 
a  corresponding  amount  of  scrip  or  certificates  of  indebted- 
ness or  bonds  as  an  addition  to  the  Metropolitan  Parks 
Sinking  fund,  Loau,  Scrics  Two.  The  sinking  fund  already  established 
by  law  shall  also  be  maintained  for  the  purpose  of  extin- 
guishing scrip,  certificates  or  bonds  issued  under  the 
authority  of  this  act.  Any  premium  realized  on  the  sale 
of  said  scrip  or  certificates  or  bonds  shall  be  applied  to 
the  payment  of  the  interest  on  the  loan  hereby  authorized, 
as  it  accrues.  Said  scrip  or  certificates  of  indebtedness  or 
bonds  shall  be  issued  and  said  sinking  fund  assessed  and 
collected  in  accordance  with  the  provisions  of  said  chapter 
two  hundred  and  eighty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-four. 

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

Approved  June  4^  1896. 

GhCtT)  473   ^^   -^^^   RELATIVE   TO   THE  ISSUE    OF     STOCKS    AND    BONDS     liY   GAS 

AND   ELECTRIC  LIGHT   COMPANIES. 

Be  it  enacted^  etc.,  as  foUoivs : 

n'^ht'Tom^mTs^"''  Section  1.  Whenever,  upon  the  application  of  any  gas 
sioners  may       or  clectric  lio'ht  compauy  to  the  board  of  gas  and  electric 

prescribe  con-       -,.    ,   ,  •"-    •  /•  •       •  j        •  -^    i 

ditious,  etc.,  to  light  commissioucrs  tor  permLssion  to  issue  new  capital 
stoc'k'^inTenain  stock  or  bouds,  puTsuaut  to  chapter  four  hundred  and  fifty 
caaea.  ^^  ^1^^  ^^^^  ^^  ^^^  year  eighteen  hundred  and  ninety-four, 

the  board  shall  determine  that  the  fair  structural  value 
of  the  plant  of  such  company  is  less  than  its  outstanding 
stock  and  del)t,  the  board,  if  it  shall  approve  an  issue  of 
new  stock  or  bonds,  may  prescribe  to  the  company  such 
conditions  and  requirements  as  it  deems  best  adapted  to 
repair  the  capital  stock  within  a  reasonable  time,  or,  be- 
fore allowing  an  increase,  may  require  the  capital  stock  to 
be  reduced  by  a  prescribed  amount,  not  exceeding  the 
amount  of  impairment ;  which  amount  of  impairment  and 
the  conditions  and  requirements  imposed  shall  be  stated  in 
the  annual  report  of  the  board.  The  supreme  judicial 
court  or  the  superior  court,  on  the  application  of  the  board 
or  of  any  interested  party,  may  compel  such  company,  by 
any  ap]n-opriate  process,  to  comply  with  any  condition  or 
requirement  prescribed  as  aforesaid. 

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

Apjiroved  June  4,  1896. 


Acts,  1896.  — Chap.  474.  473 


An  Act  to  authorize  the  enfield  and  longmeadow  electkic  nhnr)  474 

RAILWAY   COMPANY   TO   EXTEND   ITS   RAILWAY  ACROSS   THE   STATE 
LINE,   TO   AND   INTO   THE   CITY   OK   SPRINGFIELD. 

jBe  it  enacted,  etc.,  as  folloius : 

Sectiox  1.     The   Enfield   aud   Longmeadow   Electric  The  Enfieid  and 
Railway  Coinpany  of  Enfield  in  the  state  of  Connecticut  E°e°c!Hc  R<?i7 
is  hereby  authorized  to  extend  its  tracks  and  wires  across  may  ex"ndu^ 
the  state  line,  into  and  through  the  town  of  Lono-meadow  f'^cbs,  etc., 

y  .      r.  1    •  1  •  *"'°  Long- 

in  this  Commonwealth,  to  and  into  the  city  ot  Springfield,  meadow  and 

with  power  to  construct,  maintain  and  operate  a  street  rail-  ^"°^  ^ 
way  by  electricity  or  other  power,  except  steam  power, 
with  suitable  tracks  and  turn-outs  of  the  standard  gauge, 
upon  and  over  Longmeadow  street  in  the  town  of  Long- 
meadow,  and  upon  and  over  Main  street  in  said  Spring- 
field, extending  from  the  Longmeadow  line  to  Gardner 
street,  and  upon  and  over  Gardner,  AVater  and  Hampden 
streets  in  said  Springfield :  provided,  hoivever,  that  said  Proviso. 
company  shall  not  so  construct  its  railway  through  said 
streets  until  it  shall  obtain  permission  to  do  so  by  obtain- 
ing from  the  selectmen  of  the  town  of  Longmeadow  and 
from  the  board  of  mayor  •  and  aldermen  of  the  city  of 
Springfield,  respectively,  a  location  of  its  tracks  under  the 
provisions  of  the  general  laws  relating  to  street  railways. 

Section  2.  Said  company  shall,  as  to  that  part  of  its  subject  to  ^ 
road  in  this  Commonwealth,  be  subject  to  and  shall  com-  ?awe'etc?°*'*' 
ply  with  all  the  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  street  railways,  and  shall  be 
subject  to  the  jurisdiction  and  supervision  of  the  board 
of  railroad  commissioners  to  the  same  extent  as  if  incor- 
porated under  the  general  laws  of  this  Commonwealth. 

Section  3.  For  the  purposes  aforesaid,  and  for  any  capital  stock, 
other  purpose  specified  in  chapter  three  hundred  and  six- 
teen of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine,  said  company  may  from  time  to  time  issue  its  capital 
stock  and  bonds  ;  but  only  such  amounts  of  stock  and 
bonds  shall  be  issued  and  for  such  purposes  only  as  have 
been  authorized  l)y  the  board  of  railroad  commissioners 
under  chapter  four  hundred  and  sixty-two  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four  and  any  other 
laws  applicable  thereto. 

Section  4.     Before  doing  business  in  this  Common-  to  appoint 
wealth  said  company  shall,  by  a  duly  executed  instrument  of?orpo"ation8 
filed  in  the  office  of  the  commissioner  of  corporations,  auomVy.'etc. 


474 


Acts,  1896.  — Chap.  475. 


Service  of 
process. 


Injunction  may 
isBiie  under 
certain 
conditions. 


Portion  of 
railway  to  be 
taxed  as  real 
estate. 


To  be  subject 
to  alteration, 
etc. 


appoint  said  commissioner  or  his  successor  its  true  and 
lawful  attorney,  upon  whom  all  lawful  processes  in  any 
action  or  legal  proceeding  against  it  may  be  served ;  and 
shall  stipulate  therein  that  any  lawful  process  against  it 
which  is  served  on  its  said  attorney  shall  be  of  the  same 
legal  force  and  validity  as  if  served  on  said  company,  and 
that  such  authority  shall  be  irrevocable  so  long  as  any 
liability  of  said  company  remains  outstanding  in  this 
Commonwealth.  Service  of  such  process  shall  be  made 
by  leaving  the  same  in  the  hands  or  office  of  said  com- 
missioner. Copies  of  said  instrument  certified  by  the 
commissioner  shall  be  deemed  sufficient  evidence  thereof, 
and  service  upon  the  commissioner  shall  be  deemed  suffi- 
cient service  upon  said  company. 

Sectiox  5.  In  case  the  said  company  shall  fail  to 
comply  with  the  provisions  hereof,  or  with  the  laws  of 
the  Commonwealth  hereby  made  applicable  to  it,  or  with 
any  lawful  orders  or  requirements  of  the  board  of  railroad 
commissioners,  an}^  court  having  jurisdiction  in  equity,  on 
the  application  of  the  attorney-general  or  of  the  board  of 
railroad  commissioners,  may  issue  an  injunction  restrain- 
ing the  further  operation  of  the  railway  of  said  company 
in  this  Commonwealth  until  said  company  shall  comply 
with  such  provisions  of  law  and  the  lawful  requirements 
and  orders  of  said  board. 

Section  6.  So  much  of  the  railway  of  said  company 
and  of  the  wires  and  poles  connected  therewith  as  shall  be 
in  this  Commonwealth  shall,  so  long  as  owned  by  said 
company,  l)e  taxed  as  real  estate  i-n  the  town  or  city  in 
which  it  is  located. 

Section  7.  This  act  shall  ])e  subject  to  alteration, 
modification  or  repeal  by  the  legislature. 

Section  8.     This  act  shall  take  eflect  upon  its  passage. 

Approved  June  4,  1896. 


ChCip.4:75  -^   ^CT   TO    CHANGE     THE     NAME     OF     THE     SECOND     UNIVERSALIST 

SOCIETY   OF   UANVEKS 

Be  it  enacted,  etc.,  asfoUoivs: 
Name  changed.  Section  1.  The  name  of  The  Second  Universalist 
Societ}^  of  Danvers,  a  religious  society  organized  under 
that  name  on  the  sixth  da}^  of  A})ril  in  the  year  eighteen 
hundred  and  thirty-two,  and  which  has  also  been  known 
as  The  Universalist  Society  of  South  Danvers,  The  First 


Acts,  1896.  — Chaps.  476,  477.  475 

Universalist  Society  of  South  Dauvers  and  the  First  Uni- 
versalist  Parish  of  Peabody,  is  hereby  changed  to  The  First 
Universalist  Parish  of  Peabody,  and  all  acts  and  doings 
of  said  society  under  any  of  said  names  are  hereby  con- 
firmed. 

Section  2.     All   devises,    bequests,   conveyances   and  ^uJetTet^c! 
gifts   heretofore  or  hereafter    made    to    said   corporation 
under  any  of  said  names  shall  vest  in  The  First  Univer- 
salist Parish  of  Peal^ody. 

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

Approved  June  4,  1896. 


An  Act  providing  for  the  appointment  of  special  commis-  CjJinij  475 

SIONERS 

Be  it  enacted^  etc. ,  as  foUoivs  : 

Section  1.     The  governor,  by  and  with  the  advice  and  Appointment 

^  o  '      ./   _  of  women  as 

consent  of  the  council,  may  appomt  women  over  twenty-  special  com. 

^  .    1      "^       '^  '^.      .  -\       i\         T      '  missioners. 

one  years  01  age  special  commissioners,  and  alter  being 
duly  qualified  they  may  legally  perform  all  acts  pertain- 
ing to  that  office  as  specified  in  chapter  two  hundred  and 
fifty-two  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-three  and  in  chapter  one  hundred  and  ninety-seven 
of  the  acts  of  the  year  eighteen  hundred  and  eighty- 
nine. 

Section  2.     If  any  woman  holding  a  commission  as  a  commission  to 

.    ,  .      .  ,  .    J  i^         1        j^i  •  j^     1      n   terminate  under 

special  commissioner  by  appointment  under  this  act  shall  certain  con- 
change  her  name   by  marriage  or  otherwise  her  commis-  '^"'°°*- 
sion    shall  thereby  terminate ;    but    such   marriage    shall 
not  disqualify  her  for  reappointment  at  any  time  there- 
after. 

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

Approved  June  4,  1896. 

An  Act  to  authorize  towns  to  appropriate  money  for  the 

PURPOSE   of    marking   SPOTS   OF   HISTORIC   INTEREST. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     Towns  may  at  any  annual  meeting  held  Jp^J^oprTate 
before  the  first  day  of  January  in  the  year  nineteen  hun-  "^^^fy  ^°''  , 

•.  £'        4.\  c  ^       marliiDg  spots 

dred  and  two  appropriate  money  tor  the  purpose  01  mark-  of  historic 
ing  spots  of  historic  interest  within  their  limits. 

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

Approved  June  4,  1896. 


ChapAll 


476  Acts,  1896.  — Chaps.  478,  479. 


ChanA78  An   act   to   authorize   the   city   of   MARLBOROUGH   TO   MAKE   AN 

ADDITIONAL   WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 
Marlborough  SECTION  1.     The  City  of  Marlborough,  for  the  purpose 

of  meeting  the  expense  of  complethig  its  additional  water 
supply  authorized  by  chapter  three  hundred  and  eighty-six 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-two 
and  of  extending,  increasing  and  improving  its  water 
supply  and  water  service,  may  borrow  money  from  time 
to  time  and  may  issue  negotiable  notes,  bonds  or  scrip 
therefor,  to  an  amount  not  exceeding  in  the  aggregate 
fifty  thousand  dollars  in  addition  to  the  amount  of  indebt- 
edness which  said  city  has  heretofore  been  authorized  to 
incur.  Such  bonds,  notes  or  scrip  shall  be  signed  by  the 
treasurer  of  said  city  and  countersigned  by  the  mayor, 
and  shall  be  denominated  on  the  face  thereof,  Marlborough 
Water  Loan,  Act  of  1896,  shall  be  payable  at  the  expira- 
tion of  periods  not  exceeding  thirty  years  from  the  date 
of  issue,  and  shall  bear  such  rate  of  interest,  not  exceeding 
six  per  cent,  per  annum,  as  the  city  council  shall  determine. 
The  said  city  may  sell  such  securities  at  public  or  private 
sale,  or  pledge  the  same  for  not  less  than  the  par  value 
thereof  for  money  borrowed  for  the  purposes  aforesaid, 
upon  such  terms  and  conditions  as  it  may  deem  proper, 
and  may  make  payable  annually  a  fixed  proportion  of  the 
principal  of  said  bonds,  notes  or  scrip  ;  and  said  city  shall 
annually  raise  by  taxation  the  amount  required  to  meet 
such  interest  and  the  proportion  of  the  principal  ]:)ayable 
annually.  The  sinking  funds  of  any  loans  of  said  city  may 
be  invested  in  said  bonds,  notes  or  scrip. 

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

Approved  June  4,  1896. 

CJl<X7).4:7Q  An  Act  to  authorize  the  city  ok  fall  river  to  incur  in- 
debtedness FOR  sewerage  purposes. 

Be  it  enacted,  etc.,  as  folloivs : 
^5^'u.°°^"''  Section  1.     The  city  of  Fall  River,  for  the  purpose  of 

iDdebtednesa  .  ''  ,.  .  ^        '- 

beyond  debt       constructino;  sewcrs  and  extendmjj  its  seweraije  system, 

limit     ot/.  .  »  1      •  1      1  1  •  • 

may  incur  indebtedness  beyond  its  debt  limit  to  an  amount 
not  exceeding  one  hundred  thousand  dollars,  and  may 
issue  bonds,  notes  or  scrip  therefor.  Said  bonds,  notes 
or  scrip  shall  be  payable  within  such  period,  not  exceeding 


limit,  etc. 


Acts,  1S96.  — Chaps.  480,  481.  477 

thirty  years  from  the  date  thereof,  and  shall  bear  such  rate  p.  s.  29,  etc.,  to 
of  interest,  as  the  city  council  shall  determine.  Except  ^^^'^* 
as  herein  otherwise  provided  the  provisions  of  chapter 
twenty-nine  of  the  Public  Statutes  and  acts  in  amend- 
ment thereof  and  in  addition  thereto  shall,  so  far  as 
applicable,  apply  to  the  indebtedness  hereby  authorized 
and  to  the  securities  issued  therefor. 

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

Approved  June  4,  1896. 

An  Act  relative  to  station  records  required  to  be  kept  by  Q/idr), 4^S0 

COMPANIES     engaged     IN     THE    SUPPLY    EITHER     OF    GAS     OR     OF 

electricity  for  lighting. 

Be  it  enacted,  etc. ,  as  foUoivs : 

Section  1 .     Chapter  three  hundred  and  fifty-six  of  the  i896,  ase, 
acts  of  the  current  year  is  hereby  amended  by  striking  out  *™®°«^®'^- 
the  word    "and",    in  the  fourth  line  of  the  first  section 
thereof,  and  inserting  in  place  of  the  same  the  word :  — 
or,  —  so  that  said  section  shall  read  as  follows  :  —  Com-  Manufacturers 
mencing  on  the   first  day  of  July  in  the  year  eighteen  uiSty'tokeep 
hundred  and  ninety-six  every  person,  corporation  or  mu-  certain  records. 
nicipality  engaged  in  the  manufacture  or  sale  of  gas  or 
electricity  for  lighting  shall  keep  such  records  of  its  work 
and  doings  at  its  manufacturing  station,  and  in  respect  to 
its  distributing  plant,  as  the  board  of  gas  and  electric  light 
commissioners  may  from  time  to  time  require ;  and  said 
records  shall  be  in  such  form  as  may  be  prescribed  by 
said  board. 

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

Approved  June  4,  1896. 


ChapA^l 


An  Act  relative  to  the  construction  of  state  highways. 
Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.  The  Massachusetts  highway  commission  construction  of 
is  hereby  authorized  to  expend  a  sum  not  exceeding  six  ^'ate  higiiways. 
hundred  thousand  dollars  for  the  construction  of  state 
highways,  in  accordance  with  the  provisions  of  chapter 
four  hundred  and  seventy-six  of  the  acts  of  the  3^ear 
eighteen  hundred  and  ninety-three  and  chapter  four  hun- 
dred and  ninety-seven  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four. 

Section  2.    No  persons  except  citizens  of  this  Common-  oniy  citizens  of 
wealth  shall  be  employed  on  the  work  authorized  by  this  act.  weauH^be' 

employed. 


478  Acts,  1896.  — Chap.  482. 

stable  Highway  SECTION  3.  Foi  the  purposG  of  meeting  any  expenses 
which  may  be  incurred  under  the  provisions  of  this  act 
the  treasurer  and  receiver  general  is  hereby  authorized, 
with  the  approval  of  the  governor  and  council,  to  issue 
scrip  or  certificates  of  inde])tedness  to  an  amount  not 
exceeding  six  hundred  thousand  dollars,  for  a  term  not 
exceeding  thirty  years.  Said  scrip  or  certificates  of  in- 
debtedness shall  be  issued  as  registered  bonds  or  with 
interest  coupons  attached,  and  shall  bear  interest  not  ex- 
ceeding four  per  cent,  per  annum,  payable  semi-annually 
on  the  first  day  of  April  and  of  October  in  each  year. 
Such  scrip  or  certificates  of  indebtedness  shall  be  desig- 
nated on  their  face  as  the  State  Highway  Loan,  shall  be 
countersigned  by  the  governor,  and  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth ;  and 
the  principal  and  interest  thereof  shall  be  paid  at  the 
times  specified  therein  in  gold  coin  of  the  United  States 
or  its  equivalent,  and  said  scrip  or  certificates  of  indebted- 
ness shall  be  sold  and  disposed  of  at  public  auction,  or  in 
such  other  manner,  at  such  times  and  prices,  in  such 
amounts  and  at  such  rates  of  interest,  not  exceeding  the 

Sinking  fund,  rate  above- Specified,  as  shall  be  deemed  best.  The  sinking 
fund  established  by  chapter  four  hundred  and  ninetj'-seven 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four 
shall  also  be  maintained  for  the  purpose  of  extinguishing 
bonds  issued  under  the  authority  of  this  act,  and  the 
treasurer  and  receiver  general  shall  apportion  thereto 
from  year  to  year  an  amount  sufficient  with  the  accumu- 
lations of  said  fund  to  extinguish  at  maturity  the  debt 
incurred  by  the  issue  of  said  bonds.  The  amount  neces- 
sary to  meet  the  annual  sinking  fund  requirements  and 
to  pay  the  interest  on  said  bonds  shall  be  raised  by  taxa- 
tion from  year  to  year. 

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

Approved  June  4,  1896. 

Chap.4S2  ^^  ^CT   RELATIVE   TO   TRANSFERS   OF   THE   INSANE. 

Be  it  enacted,  etc.,  as  folloivs  : 

amended.^  ^'  SECTION  1.     Scctiou  two  of  chapter  three  hundred  and 

forty-six  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-seven  is  hereby  amended  by  striking  out  all  of 
said  section  after  the  word  "  therefrom  ",  in  the  sixth  line, 
and  inserting  in  place  thereof  the  following  words  :  —  and 


Acts,  189G.  — Chap.  483.  479 

may  at  their  discretion,  on  the  application  of  the  officer 

or  board  in  charge  of  any  of  the  hospitals  above-named, 

transfer  patients  therein  to  other  hospitals  or  asylums,  or 

to  private  dwellings  within  the  Commonwealth,  —  so  as 

to   read   as  follows :  —  Section  2.     The    state    board   of  f^^^^^ty  and  °* 

lunacy  and  charity  shall  have  power  to  enforce  the  pro-  charity  may 

..,.,.  1  . f,         .  ,  .    ,.  enforce  pro- 

vjsions  or  this  act,  by  notmcations  sent  to  the  committing  visions,  transfer 
magistrates,  or  otherwise  ;  and  may  for  sufficient  reasons  p"'"^"''*'  ®'*^" 
exempt  cities,  towns  or  individuals  from  its  operation, 
when  hardship  would  in  the  opinion  of  said  Ijoard  result 
therefrom  ;  and  may  at  their  discretion,  on  the  application 
of  the  officer  or  board  in  charge  of  any  of  the  hospitals 
above-named,  transfer  patients  therein  to  other  hospitals 
or  asylums,  or  to  private  dwellings  within  the  Common- 
wealth. 

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

Ajyproved  June  4^  1896. 

An  Act  kelative  to  the   bridge  oveu  the  merkimac  river  nT,f,rQ  A9iS\ 

BETWEEN   NEWBUKYPOKT   AND   SALISBURY. 

Be  it  enacted,  etc.,  as  foUoius : 

Section  1 .     The  county  commissioners  of  the  county  Bridge  over 
of  Essex  shall,  subject  to  the  provisions  of  chapter  nine-  to  be  rebuilt, 
teen  of  the  Public  Statutes,  rebuild  the  bridge  over  the  ^"^' 
Merrimac  river  between  Newbury  port  and  Salisbury,  or 
such  portions  thereof  as  they  judge  to  be  unsafe  for  public 
travel,  and  shall  replace  such  portions  of  the  bridge  as  are 
removed  with  an  iron  or  steel  structure,  with  stone  piers 
and  abutments.     Said  bridge  shall  have  a  pivot-draw,  with 
an  opening  in  the  clear  not  less  than  that  of  the  present 
draw,  with  suitable  draw  fender  piers. 

Section  2.  The  expense  incurred  under  this  act  shall  ^x^e™Ies°^ 
be  paid  in  the  iirst  instance  from  the  treasury  of  the 
county  of  Essex ;  but  at  least  forty  per  cent,  of  said  ex- 
pense shall,  after  due  notice  and  hearing,  be  assessed  by 
said  commissioners  upon  the  city  of  Newburyport  and 
upon  such  towns  as  in  their  judgment  derive  a  special 
benefit  from  said  repairs,  and  in  such  proportion  as  said 
commissioners  deem  proper.  The  amounts  so  assessed 
shall  be  paid  by  said  city  and  towns  into  the  treasury  of 
the  county. 

Section  3.     Said    commissioners   ma}^   reimburse    the  Newburyport 
city  of  Newburyport  and  the  town  of  Salisbury  from  the  maybVre"'^^ 


480  Acts,  1896.  — Chaps.  484,  485. 

i%^o"rtfonor      treasury  of  the  county  of  Essex  for  not  exceeding  sixty 
amount  already  per  ceut.  of  the  auiount  already  expended  by  said  city  and 

6XD6DQ6U  •/!-•/*/ 

town  in  makinsf  repairs  on  said  bridge,  for  which  in  the 
judgment  of  said  commissioners  said  city  and  town  ought 
to  be  reimbursed. 
cotnmisBionerfl       Section  4.     Said   commissioners  may  borrow  on  the 

may  borrow  on  ^  ^ 

credit  of  county,  credit  of  the  couuty  such  sum  ot  money  as  may  be  re- 
quired to  carry  out  the  provisions  of  this  act,  and   shall 
apply  said  money  to  the  purpose  for  which  it  is  borrowed. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1896. 

Ohcip.4:S4:  -^N  -^CT  MAKING  APPROPRIATIONS  FOR  EXPENSES  IX  CONNECTION 
WITH  THE  ENFORCEMENT  OF  THE  LAWS  REGULATING  PHARMACISTS 
AND  THE  GRANTING  OF  LICENSES  TO  DRUGGISTS  TO  SELL  INTOX- 
ICATING  LIQUORS. 

Be  it  enacted,  etc.,  as  foUotvs : 

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

Complaints  YoY  ex])euses  in  connection  with  the  carryino;  out  of  the 

against  reg-  .'  •       ,  •  i       i 

istered  phar-      law  relative  to  complaints  against  registered  pharmacists, 

a  sum  not  exceeding  two  thousand  dollars. 
Granting  of  jT^p  ^}jg  payment  of  all  necessary  expenses  in  connection 

licenses  to  sell  .ii  i»  /^ii  i-  •  /« 

intoxicating  With  tlic  Carrying;  out  of  the  law  relating;  to  the  orantinor  of 
licenses  to  druggists  and  apothecaries  to  sell  intoxicating 
liquors,  a  sum  not  exceeding  five  thousand  dollars. 

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

Approved  June  4,  1896. 

Chap.485  ^N  Act  IN  ADDITION  TO  AN  ACT  MAKING  APPROPRIATIONS  FOB 
SALARIES  AND  EXPENSES  OF  THE  STATE  BOARD  OF  ARBITRATION 
AND   CONCILIATION. 

Be  it  enacted,  etc. ,  as  folloios : 
^^^\^  ^-       A        Section  1 .     A  sum  not  exceeding;  twenty-five  hundred 

arbitration  and  .  •  i  i  •  -i  f      ^ 

conciliation.  dollars  is  hereby  appropriated,  to  be  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
to  meet  traveling,  incidental  and  contingent  expenses  of 
the  state  board  of  arbitration  and  conciliation  for  the  year 
ending  on  the  thirty-first  day  of  December  in  the  year 


Acts,  1896.  — Chaps.  486,  487,  488.  481 

eighteen  hundred  and  ninety-six,  the  same  to  be  in  addition 
to  the  four  thousand  dollars  appropriated  by  chapter  nine 
of  the  acts  of  the  present  year. 

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

Approved  June  4,  1896. 


ChapASe 


An  Act  in  further  addition  to  an  act  making  an  appropri- 
ation FOR  EXPENSES  IN  CONNECTION  WITH  THE  EXTERMINATION 
OF  CONTAGIOUS  DISEASES  AMONG  HORSES,  CATTLE  AND  OTHER 
ANIMALS. 

Be  it  enacted,  etc. ,  as  foUoivs  : 

Section    1.      The    sum    of  fifty   thousand    dollars    is  Extermination 
hereby  appropriated,  to  be  paid  out  of  the  treasury  of  diaeasetamong 
the   Commonwealth  from   the  ordinary  revenue,  for  the  ^°'™*^^- 
purpose  of  meeting  expenses  in  connection  with  the  ex- 
termination of  contagious  diseases  among  horses,  cattle 
and    other  animals,  the   same  to  be  in  addition  to  any 
amounts  heretofore  appropriated  for  the  same  purpose. 

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

Approved  June  4,  1896. 


ChapASl 


An  Act  relative  to  the  chicopee  manufacturing  company. 
Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1.     The  name  of  the  Ellerton  Mills  is  hereby  Name  changed, 
changed  to  The  Chicopee  Manufacturing  Company. 

Section  2.     No  act  heretofore  done  l)y  said  corpora-  certain  acts 
tion  under  the  name  of  The  Chicojjee  Manufacturing  Com-  ''°°  '^"^  '  ^  °' 
pan>"  shall  be  invalid  by  reason  of  the  use  of  said  name, 
and  all  acts  of  said  corporation  so  far  as  otherwise  legal 
are  hereby  ratified  and  confirmed. 

Section  3.     Chapter  twenty  of  the  acts  of  the  year  RepeaL 
eighteen  hundred  and  sixty-four  is  hereby  repealed. 

Section  4.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  June  4,  1896. 


An  Act  to  incorporate  the  people's  trust  company.  f^i        AQA 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     John    F.   Cronan,    Thomas    F.    Scanlan,  People's  Trust 
Neil    McNeil,    George    R.    Swasey,    Joseph   A.    lasigi,  incorpomted. 
William    A.    Miller,    George    T.    McLaughlin,   John  J. 
Mundo,    Christopher  P.    McCaffrey,   John   J.  Kennedy, 
Thomas    McCormack,    Matthew   J.    Mullen,    Daniel    A. 


482  Acts,  1896.  — Chaps.  489,  490. 

Cronan,  llobert  Bishop,  George  McCarthy,  their  asso- 
ciates and  successors,  are  hereby  made  a  corporation  by 
the  name  of  the  People's  Trust  Company,  with  authority 
to  estal)lish  and  maintain  a  safe  deposit,  loan  and  trust 
company  in  the  city  of  Boston,  with  a  capital  stock  of 
not  less  than  two  hundred  thousand  dollars,  and  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties, 
liabilities  and  restrictions  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  relating  to 
such  corporations. 

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

Ap2)roved  June  4,  1896. 

CJiapAS^  An  Act  to   legalize  certain  pkoceedings  of  the   town  of 

STOUGHTON. 

Be  it  enacted,  etc. ,  as  foUoivs  : 
Proceedings  of        Sectiox  1 .    The  proceediuffs  of  the  annual  town  meet- 

annual  town  a,  i  i      i  i  i  •       i        i 

meeting  of         nig  ot  the  towu  oi  htouglitou  held  on  the  nintli  day  ot 
legalized.  Marcli  iu  the  year  eighteen  hundred  and  ninety- six,  and 

the  election  of  town  officers  thereat,  shall  not  he  invalid 
by  reason  of  the  omission  in  the  warrant  calling  such 
meeting  of  a  specification  of  the  officers  to  be  elected  or 
voted  for  at  such  meeting,  and  of  their  terms  of  service. 
Certain  action  SECTION  2.  Tlic  actioii  of  Said  towii  at  a  towii  meeting 
meeting,  March  hcld  ou  tlic  twenty-eio;hth  day  of  March  in  the  year  eight- 
een  hundred  and  ninety-six,  in  reconsidering  a  vote  rela- 
tive to  the  Imilding  of  a  schoolhouse,  passed  at  the  annual 
town  meeting  of  the  same  year,  and  in  voting  to  build  a 
schoolhouse  according  to  a  different  plan  than  the  one 
authorized  at  the  annual  meeting,  is  hereby  legalized  and 
confirmed,  notwithstanding  any  irregularities  in  the  pro- 
ceedings of  said  meeting  held  on  said  twenty-eighth  day 
of  March. 

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

Approved  June  4,  1896. 

ChoV.4cQ0  -^N  -^CT  relative  TO  THE  DUTIES  AND  AUTHORITY  OF  THE  ATTOR- 
NEY-GENERAL AND  TO  THE  EMPLOYMENT  OF  ATTORNEYS  BY  STATE 
BOARDS,  COM>nSSIONERS   AND   OFFICERS. 

Be  it  enacted,  etc.,  as  follows: 
trlno7ppeaT         Section  1.     The  attorney-general  shall  appear  for  the 
we?h™"ead"s     Commonwcalth,  the  secretary,  the  treasurer,  and  the  au- 
of  departments,  ditor,  and  for  all  heads  of  departments,  state  l)oards  and 

etc.,  in  certain  .       .  •  n  •  i       ji  •     m  t 

Buite,  etc.  commissioDs,  lu  all  suits  and  other  civil  proceedings,  ex- 


Acts,  1896.  — Chap.  491.  483 

cepting  upon  criminal  recognizances  and  bail  bonds,  in 
which  the  Commonwealth  is  a  party  or  interested,  or  in 
which  the  official  acts  and  doings  of  said  officers  are  called 
in  question,  in  all  the  courts  of  the  Commonwealth ;  and 
in  such  suits  and  proceedings  before  any  other  tribunal 
when  requested  by  the  governor  or  by  either  branch  of 
the  general  court.  All  such  suits  and  proceedings  shall 
be  conducted  by  him  or  under  his  direction.  All  legal 
services  required  by  such  officers  and  boards  in  matters 
relating  to  their  official  duties  shall  be  performed  by  the 
attorney-general  or  under  his  direction. 

Section  2.      All  writs,  summonses  or  other  processes  wiits, etc.to 
served  upon  such  officers  shall  forthwith  be  transmitted  to  attorney-^ 
by  them  to  the  attorney-general.   ■  All  suits  or  other  pro-  general,  etc. 
ceedings  by  them  shall  be  brought  by  the  attorney-gen- 
eral or  under  his  direction. 

Section  3.  The  attorney-general  may  appoint  such  May  appoint 
assistants  as  the  duties  of  the  office  require  ;  and  with  the 
approval  of  the  governor  and  council  shall  fix  their  com- 
pensation. He  may  also,  whenever  in  his  opinion  the 
interests  of  the  Commonwealth  require,  employ  such  ad- 
ditional legal  assistance  as  he  may  deem  necessary  in  the 
discharge  of  his  duties.  Such  employment  and  the  com- 
pensation therefor  shall  be  subject  to  the  approval  of  the 
governor  and  council. 

Section  4.     All  acts  relating  to  the  appointment  of  Repeal, 
first  and  second  assistant  attorneys-general  and  all  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed. 

Section  5.     This  act  shall  take  effect  on  the  first  da}'  To  take  effect 
of  July  in  the  year  eighteen  hundred  and  ninety-six.  uiyi,i896. 

Approved  June  5,  1896. 


ChapA91 


An  Act  to  incorporate  the  eldredge  public  library. 
Be  it  enacted,  etc.,  asfoUoios: 

Section  1.  Marcellus  Eldredge,  Heman  Fisher  Eld-  Librarf  ^"^''° 
redge,  Heman  Andrew  Harding,  William  L.  Nickerson  incorporated. 
and  John  J.  Howes  and  their  successors,  are  made  a  cor- 
poration by  the  name  of  the  Eldredge  Public  Library, 
for  the  formation  and  maintenance  of  a  public  library  in 
Chatham ;  with  all  the  powers  and  privileges  and  subject 
to  all  the  duties  and  liabilities  set  forth  in  the  general 
laws  which  now  are  or  hereafter  may  be  in  force  and  ap- 
plicable to  such  corporations. 


484 


Acts,  1896.  — Chap.  491. 


May  hold  real 
and  personal 
estate. 


Membership. 


Town  of 
Chatham  may 
transfer  to 
corporation 
certain  funds, 
etc. 


Proviso. 


Town  may 
make  an  annual 
appropriation, 
etc. 


Section  2.  Said  corporation  may  hold  real  and  per- 
sonal estate  to  the  amount  of  one  hundred  thousand  dol- 
lars for  the  purposes  aforesaid,  in  addition  to  books  and 
objects  of  curiosity  and  art. 

Section  3 .  The  corporation  shall  consist  of  five  mem- 
bers, of  whom  at  least  three  shall  be  citizens  of  the  town 
of  Chatham.  And  it  is  hereby  provided  that  if  either 
the  said  Marcellus  Eldredge  or  the  said  Heman  Fisher 
Eldredge  shall  at  any  time  resign  or  retire  from  said  cor- 
poration he  is  and  shall  be  authorized  to  appoint  his  suc- 
cessor therein,  and  in  case  either  the  said  Marcellus  or 
Heman  should  decease  while  a  member  of  said  corpora- 
tion he  may  by  will  or  any  instrument  in  writing  appoint 
his  successor  therein,  and  the  appointees  and  successors 
of  the  said  Marcellus  and  Heman  shall  have  the  like 
power  of  appointment  forever.  Subject  to  the  foregoing 
provision  Avhenever  a  vacancy  shall  occur  in  the  number 
of  corporators  by  death,  resignation  or  removal  from  the 
town  of  Chatham  the  remaining  members  shall  fill  the 
same,  and  in  case  they  shall  fail  to  elect  a  person  to  fill 
the  vacancy  within  three  months  from  the  time  such 
vacancy  shall  occur  it  shall  be  competent  for  the  judge 
of  probate  for  the  county  of  Barnstable,  upon  the  appli- 
cation of  any  inhabitant  of  Chatham,  to  fill  such  vacancy, 
and  the  majority  of  these  corporators  may  at  any  time, 
with  the  approval  of  the  judge  of  probate  aforesaid,  re- 
move any  one  of  the  corporators,  except  the  said  Mar- 
cellus and  Heman  and  their  appointees  and  successors, 
and  the  vacancy  thus  occasioned  shall  be  filled  as  in  other 
cases. 

Section  4.  The  town  of  Chatham  may  transfer  to  said 
corporation  all  funds  now  held  or  hereafter  received  by 
said  town  for  the  purposes  of  a  public  library,  to  be  held 
and  applied  by  the  corporation  in  the  same  manner  as  if 
they  were  held  by  the  town ;  and  may  transfer  to  the 
corporation  the  books  and  pamphlets  of  the  town  library, 
upon  such  terms  and  conditions  as  shall  be  agreed  upon 
by  said  town  and  corporation  :  provided,  however,  if  such 
transfer  of  funds,  books  and  pamphlets  is  made  by  said 
town  said  corporation  shall  forever  allow  the  inhabitants 
of  the  town  of  Chatham  free  use  of  the  said  library  under 
reasonable  regulations. 

Section  5.  The  town  of  Chatham  may  appropriate 
and  pay  annually  towards  defraying  the  expense  of  main- 


Acts,  1896.— Chap.  492.  485 

taining  and  increasing  said  library  a  sum  not  exceeding 
one  dollar  for  each  of  its  ratable  polls  in  the  year  pre- 
ceding that  in  which  the  appropriation  is  made,  and  may 
also  pay  the  salary  of  a  librarian  and  of  any  necessary 
assistants.  The  town  may  also  pay  over  to  said  corpora- 
tion for  the  use  of  the  library  any  money  by  law  appli- 
cable to  the  use  of  a  town  library. 

Section  6.     Said  corporation  shall  render  to  the  town  corporation  to 
of  Chatham  annually  in  the  month  of  January  a  report  annuli  report  to 
of  its    proceedings,  and  a  statement  of  the  condition  of  *°'^°'^*''- 
the  library,  its  property  and  funds,  the  number  of  books 
added    during  the   year,  with  an  accurate  account  of  all 
receipts  and  expenditures,  together  with  any  other  infor- 
mation or  suggestions  which  they  may  deem  desirable. 

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

Approved  June  5,  1896. 

An  Act  relative  to  the  construction   of   subways  in  the  (JJiar)  492 

CITY   OF   BOSTON. 

Be  it  enacted,  etc. ,  as  folloios : 

Section  thirty-five  of  chapter  five  hundred  and  forty-  i894, 548,  §  35, 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four  is  hereby  amended  by  striking  out  in  the  nineteenth 
line,  the  word  "  fifty",  and  inserting  in  place  thereof  the 
word :  —  twenty,  —  so  as  to  read  as  follows  :  —  Section  commisBion 
35.     Said  commission  may,  on  or  before  the  completion  "cftfoTs^for 
of  said  subways  and  tunnels,  grant  locations  for  tracks  in'*8ubway^s"and 
to,  and  for  two  tracks  in,  said  subways  and  tunnels,  to  be  tunnels,  etc, 
.used  by  any  street  railway  company  or  companies  ;   shall 
order    all    surface  tracks  to  be  removed  from  Tremont 
street  between   Boylston  street  and  Scollay  square,  and 
from  Boylston  street  between  Park  square  and  Tremont 
street ;    and  may  order  any  other  tracks  which,    in  its 
opinion,  have  been  rendered  unnecessary  by  the  construc- 
tion of  said  subways  and  tunnels,  and  which  are  above 
said   subways  and  tunnels,   or   within  a  distance  of  one 
thousand   feet  from   any   entrance  to   said  subways  and 
tunnels,  to  be  removed  from  the  streets.     Said  commis-  Conditions  and 
sion  shall,  subject  to  the  approval  of  the  board  of  railroad  satfonsSb^^f"' 
commissioners,  fix  by  contract  the  terms  and  conditions  rai^a'dlom/ 
and  rates  of  compensation  for  the  locations  for  said  two 
tracks  in  any  of  said  subways  and  tunnels,  and  for  the 
use  thereof  by  any  street  railway  company  or  companies 


amended. 


missiouers. 


486 


Acts,  1896.  — Chap.  493. 


certain  streets. 


not'^to'^beVaid^in  duriiig  a  term  of  years  not  exceeding  twenty.     Surface 

'"  *    *"     tracks  shall  not  be  laid  or  maintained  in  that  part  of  any 

street    from    which    said  commission   may  have  ordered 
such  tracks  removed,  as  herein  provided. 

Approved  June  5,  1896. 


C/iap.493 


Belchertown 
Water  Com- 
pany incor- 
porated. 


May  take 
certain  waters, 
etc. 


May  take 
certain  lands, 
etc. 


May  erect 
structures,  lay 
down  pipes, 
etc. 


An  Act  to  incorporate  the  belchertown  water  company. 

Be  it  enacted.,  etc. ,  as  folloios  : 

Section  1.  Louis  W.  Dillon,  Harry  A.  Hopkins, 
Richard  H.  Long,  Clarence  E.  Scott,  Edward  S.  Bridg- 
man,  Charles  H.  Snow,  Joseph  R.  Gould,  Nelson  Ran- 
dall and  William  E.  Bridgman,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  by  the  name  of 
the  Belchertown  Water  Company,  for  the  purpose  of 
supplying  the  inhabitants  of  the  town  of  Belchertown 
with  water  for  the  extinguishment  of  fires  and  for  do- 
mestic, manufacturing  and  other  purposes  ;  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  lial)ilities  set  forth  in  all  general  laws 
which  now  are  or  may  hereafter  be  in  force  applicable  to 
such  corporations. 

Section  2.  Said  corporation,  for  the  purposes  afore- 
said, may  take,  lease,  acquire  l)y  purchase  or  otherwise 
and  hold  the  waters  of  any  ponds,  l)rooks  or  springs 
within  the  limits  of  said  town  of  Belchertown  not  already 
owned  or  acquired  by  the  city  of  Springfield,  and  all  water 
rights  connected  therewith,  and  may  ol)tain  and  take  water 
by  means  of  driven,  bored,  artesian  or  other  wells,  on  land 
within  the  limits  of  said  town  of  Belchertown  :  provided, 
that  no  source  of  water  supply  shall  be  taken  under  this 
act  for  domestic  purposes  without  the  recommendation 
and  advice  of  the  state  board  of  health  ;  and  may  hold  and 
carry  said  water  through  said  town ;  and  may  also  take 
and  hold,  by  lease  or  otherwise,  all  lands,  rights  of  way 
and  easements  necessary  for  holding  and  preserving  such 
water  and  conveying  the  same  to  any  part  of  said  town  ; 
and  may  erect  on  the  lands  thus  taken  or  held  proper 
dams,  fixtures  or  other  structures  ;  and  may  make  exca- 
vations, procure  and  operate  machinery  and  provide  such 
other  means  and  appliances  as  may  ])e  necessary  for  the 
establishment  and  maintenance  of  complete  and  efiective 
water  works  ;  and  may  construct  and  lay  down  conduits, 
pil)es  and  other  works,  over  and  under  any  lands,  water 


Acts,  1896.  — Chap.  493.  487 

courses,  railroads,  highways,  town  ways,  and  pu])lic  or 
private  ways  of  any  kind,  and  along  such  ways  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  corporation  may  dig  up  said  lands 
and  enter  upon  and  dig  up  any  such  ways  \  provided,  Jioiv-  Provisos. 
ever,  that  said  corporation  shall  not  enter  upon  or  dig  up 
any  pul)lic  ways  except  u}ion  the  approval  of  the  ])oard 
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  shall  be  given  by  posting  an  attested  copy  of 
said  notice  in  at  least  live  pu])lic  places  in  said  town,  and 
provided,  further,  that  no  hearing  or  notice  shall  ))e  neces- 
sary in  cases  where  said  ways  are  to  be  entered  upon  and 
dug  up  by  said  corporation  for  the  purpose  of  construct- 
ing extensions  to  its  plant  and  repairing  and  maintaining 
such  conduits,  pipes  and  other  works. 

Section  3.     The  said  corporation   shall  within   sixtv  P««/"P"o°°t 

.  1  1  .  ,.  1         1  .    ,  ,.  "     lands,  etc.,  to  be 

days  atter  the  taking  oi  any  lands,  rights  or  way,  water  recorded. 
riofhts,  water  sources  or  easements  as  aforesaid  otherwise 
than  l)y  purchase,  file  and  cause  to  l)e  recorded  in  the  reg- 
istry of  deeds  for  the  county  of  Hampshire  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purposes  for  which  the  same  were  taken, 
signed  l)y  the  president  of  the  corporation. 

Section  4.  The  said  corporation  shall  pay  all  dam-  Damages, 
ages  sustained  by  any  person  in  })roperty  l)y  the  taking 
of  any  land,  right  of  way,  water,  water  course,  water  right 
or  easement,  or  by  any  other  thing  done  by  said  corpora- 
tion under  the  authority  of  this  act.  An}^  person  sustain- 
ing 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  l)y  law  where  land  is  taken  for 
the  laying  out  of  highways,  on  application  at  any  time 
within  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  the 
assessment  of  damages  for  the  taking  of  any  water,  water 
right  or  water  source,  or  for  any  injury  thereto,  shall  be 
made  until  the  water  is  actually  withdrawn  or  diverted  by 
the  said  corporation  under  the  authority  of  this  act. 


488 


Acts,  1896.  — Chap.  493. 


DiBtrfbution  of 
■water,  etc. 


Real  estate, 
capital  Btock. 


Certificate  of 
payment  of 
capital  to  be 
filed. 


May  issue 
mortgage 
bonds,  etc. 


Section  5.  The  said  corporation  may  distribute  the 
water  through  said  town  of  Belchertown,  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  con- 
tracts with  said  towm,  or  with  any  fire  district  that  may 
hereafter  he  estalilished  therein,  or  with  any  individual 
or  corporation,  to  supply  water  for  the  extinguishment 
of  fires  or  for  any  other  purpose,  as  may  be  agreed  upon 
by  said  town,  fire  district,  individual  or  corporation,  and 
said  corporation  ;  and  may  estal)lish  public  fountains  and 
hydrants  and  relocate  and  discontinue  the  same. 

Section  G.  The  said  corporation  may,  for  the  pur- 
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 
capital  stock  of  said  corporation  a  certificate  of  that  fact, 
and  of  the  manner  in  which  the  same  has  lieen  paid  in, 
and,  at  the  time  of  making  the  certificate,  has  been  in- 
vested or  voted  by  the  corporation  to  be  invested,  signed 
and  sworn  to  by  the  president,  treasurer  and  a  majority 
of  the  directors  and  a})proved  by  the  commissioner  of 
corporations,  shall  l)e  filed  in  the  ofiice  of  the  secretary 
of  the  Commonwealth.  A  conveyance  to  the  corporation 
of  property,  real  or  personal,  at  a  fair  valuation,  shall  be 
deemed  a  sufficient  paying  in  of  the  capital  stock  to  the 
extent  of  such  value  if  a  statement  is  included  in  the 
certificate  made,  signed  and  sworn  to  by  its  president, 
treasurer  and  a  majority  of  its  directors,  giving  a  descrip- 
tion of  such  property  and  the  value  at  which  it  has  been 
taken  in  payment,  in  such  detail  as  the  commissioner  of 
corporations  shall  require  or  approve,  and  endorsed  with 
his  certificate  that  he  is  satisfied  that  said  valuation  is  fair 
and  reasonable. 

Section  8.  Said  corporation  may  issue  bonds  and 
secure  the  same  by  a  mortgage  upon  its  franchise  and 
other  property  to  an  amount  not  exceeding  its  capital 
stock  actually  paid  in.  The  proceeds  of  all  bonds  so 
issued  shall  be  expended  in  the  extension  of  the  works 
of  said  corporation  and  for  the  payment  of  expenditures 
actually  made  in  the  construction  of  the  works,  over  and 
above  the  amount  of  capital  stock  actually  paid  in. 


Acts,  1896.  — Chap.  493.  489 

Section  9.     The  capital  stock  hereinbefore  authorized  f^bla^pproved 
shall  be  issued  only  in  such  amounts  as  may  from  time  to  V  commis. 

.  .  ,  1  .       •       *^  ^  Bioner  of 

time  upon  investigation  l)y  the  commissioner  of  corpora-  corporations. 
tions  be  deemed  by  him  to  be  reasonably  recj(uired  for  the 
purposes  for  which  such  issues  of  stocks  or  bonds  have 
been  authorized.  His  decision  approving  such  issues  shall 
specify  the  respective  amounts  of  stock  and  bonds  author- 
ized to  be  issued  and  the  purposes  to  which  the  proceeds 
thereof  are  to  be  a})plied.  A  certificate  setting  forth  his 
decision  shall  be  tiled  in  the  office  of  the  secretary  of  the 
Commonwealth  before  the  certificates  of  stock  or  the  bonds 
are  issued,  and  the  proceeds  of  such  stock  or  bonds  shall  not 
be  applied  to  any  purpose  not  specified  in  such  decision. 

Section  10.     Whoever  wilfully  or  Avantonh-  corrupts,  Penalty  for 
pollutes  or  diverts  any  of  the  waters  taken  or  held  under  watTr^eu"!  ° 
this  act,  or  injures  any  structure,  work  or  other  property 
owned,  held  or  used  by  the   persons  herein  named,   or 
their  successors  or  assigns,  under  the  authority  and  for 
the   purposes  of  this  act,  shall  forfeit  and  pay  to  said 
persons  above-named,  their  successors  or  assigns,  three 
times  the  amount  of  damages  assessed  therefor,  to  be  re- 
covered in  action  of  tort.     Whoever  wilfully  or  wantonly 
corrupts,  pollutes  or  diverts  any  of  the  waters  taken  or 
held  under  this  act,  or  injures   any  structure,  work  or 
other  property,  owned,  held  or  used  under  the  authority^ 
and  for  the  purposes  of  this  act,  shall  be  punished  by  a 
fine  not  exceeding  three  hundred  dollars  or  l)y  imprison- 
ment not  exceeding  one  year. 

Section  11.  The  town  of  Belchertown  shall  have  Town  may  take 
the  right  at  any  time  to  take  by  purchase  or  otherwise  erty^'etc!' ^'^"^^' 
the  franchise,  corporate  property  and  all  the  rights 
and  privileges  of  said  corporation,  on  payment  to  said 
corporation  of  the  actual  cost  of  its  franchise,  works 
and  property  of  all  kinds  held  under  the  provisions 
of  this  act,  including  in  such  cost  interest  on  each  ex- 
penditure from  its  date  to  the  date  of  said  purchase  or 
taking  as  herein  provided,  at  the  rate  of  five  per  cent, 
per  annum.  In  case  said  town  and  said  company,  after 
conference  thereon,  shall  be  unable  to  agree  upon  the 
cost  of  said  property,  the  superior  court  shall  upon  ap- 
plication of  either  party  and  notice  to  the  other  appoint 
three  commissioners,  who  shall  determine  said  cost,  and 
whose  finding  when  accepted  by  the  court  shall  be  final. 
If  the  cost  of  maintaining  and  operating  the  works  of  said 


490 


Acts,  1896.  — Chap.  493. 


be  submitted 
aanually. 


Belchertown 
Water  Loan. 


corporation  shall  exceed  in  any  year  the  income  derived 
from  said  works  hy  said  corporation  for  that  year  then 
such  excess  shall  be  added  to  the  total  cost ;  and  if 
the  income  derived  from  said  works  by  said  corporation 
exceeds  in  any  year  the  cost  of  maintaining  and  operating- 
said  works  for  that  year  then  such  excess  shall  l)e  de- 
statement  of      ducted  from  the  total  cost.     An  itemized  statement  of 

receipts  and  .  ^         •  i  j.'  in 

expenditures  to  file  rcccipts  and  cxpcnditurcs  oi  said  corporation  shall 
l)e  annually  sul^mitted  to  the  selectmen  of  the  town  of 
Belchertown,  and  by  said  selectmen  to  the  citizens  of  the 
town.  If  said  corporation  has  incurred  indel:)tedness  the 
amount  of  such  inde])tedness  outstanding  at  the  time  of 
such  taking  shall  be  assumed  by  said  town  and  shall  be 
deducted  from  the  amount  required  to  be  paid  by  said 
town  to  said  corporation  under  the  foregoing  provisions 
of  this  section.  This  authority''  to  purchase  such  fran- 
chises and  property  is  granted  on  condition  that  the  pur- 
chase is  assented  to  by  said  town  by  a  two  thirds  vote  of 
the  voters  of  said  town  present  and  voting  thereon  at  a 
meeting  legally  called  for  that  purpose. 

Section  12.  Said  town  of  Belchertown  may,  for  the 
purpose  of  paying  for  the  franchise,  works  and  property 
of  said  corporation,  and  the  necessary  expenses  and  lia- 
bilities incurred  under  the  provisions  of  this  act,  issue 
kfrom  time  to  time  l)onds,  notes  or  scrip  to  an  amount  not 
exceeding  in  the  aggregate  sixty  thousand  dollars.  Such 
bonds,  notes  or  scrip  shall  bear  on  their  face  the  words, 
Belchertown  Water  Loan  ;  shall  be  payable  not  exceed- 
ing thirty  years  from  the  date  of  issue  ;  shall  l)ear  interest 
payal)le  semi-annually  at  a  rate  not  exceeding  six  per 
cent.  })er  annum,  and  shall  l)e  signed  by  the  treasurer  of 
the  town  and  countersigned  by  the  water  commissioners 
hereinafter  provided  for.  Said  town  may  sell  such  secu- 
rities at  i)u])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,  provided 
that  the  same  shall  not  be  sold  or  pledged  for  less  than 
their  par  value.  The  said  town  shall  at  the  time  of  con- 
tracting said  loan  provide  for  the  estaljlishment  of  a  sink- 
ing fund  and  shall  annually  contribute  to  such  fund  a  sum 
sufficient  with  the  accumulations  thereof  to  pay  the  prin- 
cipal thereof  at  maturity.  The  said  sinking  fund  shall 
remain  inviolate  and  pledged  to  the  i^ayment  of  said  loan 
and  shall  be  used  for  no  other  purpose. 


Sinking  fund. 


Acts,  1896.  — Chap.  493.  491 

Section  13.     Said  town  instead  of  establishing  a  sink-  May  provide 
ing  fund  may  at  tlie  time  of  authorizing  said  loan  pro-  paymemaon 
vide  for  the  payment  thereof  in  annual  i)ayments  of  sucli  '°'*°" 
amounts   as  will   in  the   aggregate   extinguish  the   same 
Avithin  the  time  prescriljed  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    delit    in- 
curred by  said  loan  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  Pub- 
lic Statutes. 

Section  14.  The  return  required  by  section  ninety-  Return  to  state 
one  of  chapter  eleven  of  the  Pulilic  Statutes  shall  state  si^khTgf^und. 
the  amount  of  any  sinking  fund  established  under  this 
act,  and  if  none  has  been  established  whether  action  has 
been  taken  in  accordance  with  the  provisions  of  the  pre- 
ceding section,  and  the  amounts  raised  and  applied  there- 
under for  the  current  year. 

Section  15.  Said  town  shall  raise  annually  l)y  taxa- Payment  of 
tion  a  sum  which  with  the  income  derived  from  the  water  ^^p**"^®^-  «''=• 
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  and  scrip  issued  as  aforesaid  by  said 
town,  and  to  make  such  contril)utions  to  the  sinking  fund 
and  payments  on  the  princi})al  as  may  1)e  required  under 
the  provisions  of  this  act. 

Section  16.     Said  town  shall,  after  its   purchase  of  "^'^'®':  . 

^  ...  commissioners, 

said  corporate  property  as  provided  in  this  act,  at  a  legal  election, terms, 
meeting  called  for  the  purpose  elect  by  ballot  three  per- 
sons to  hold  office,  one  for  three  years,  one  for  two  years 
and  one  for  one  year  from  the  next  annual  town  meeting, 
to  constitute  a  board  of  water  commissioners,  and  at  each 
annual  town  meeting  thereafter  one  such  commissioner 
shall  be  elected  by  ballot  for  the  term  of  three  years. 
All  the  authority  granted  to  said  town  ])y  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  liy  its  vote  impose.  The  said  commis-  To  be  trustees 
sioners  shall  be  trustees  of  the  sinkino;  fund  herein  °f  **°^'°s  fund. 
provided  for  and  a  majority  of  said  commissioners  shall 
constitute  a  quorum  for  the  transaction  of  business  rela- 
tive both  to  the  water  woidvs  and  the  sinking  fund.     Any 


492 

Vacancy. 


Security  for 
payment  of 
damages,  etc. 
required  in 
certain  cases. 


Work  to  be 
begun  within 
three  years. 


Acts,  1896.  — Chap.  494. 

vacancy  occurring  in  said  board  from  any  cause  may  be 
filled  for  the  remainder  of  the  unexpired  term  by  said 
town  at  any  legal  meeting  called  for  the  purpose. 

Section  17.  Upon  application  by  the  owner  of  any 
land,  water  or  water  rights  taken  under  this  act  by  the 
corporation  hereby  chartered,  the  county  commissioners 
for  the  county  of  Hampshire  shall  require  said  corpora- 
tion to  give  satisfactory  security  for  the  payment  of  all 
damages  and  costs  which  ma}^  be  awarded  such  owner 
for  the  land  or  other  property  so  taken ;  but  Ijefore  re- 
quiring such  security  said  commissioners  shall,  upon 
request  of  either  party,  make  an  estimate  of  the  damages 
which  may  result  from  such  taking.  Said  commissioners 
shall  in  like  manner  require  further  security  if  at  any 
time  the  security  l)efore  required  appears  to  them  to  have 
become  insufficient,  and  all  the  right  or  authority  of  said 
corporation  to  enter  upon  or  use  such  land  or  other  prop- 
erty except  for  the  purpose  of  making  surveys  shall  be 
suspended  until  it  gives  the  security  required. 

Section  18.  This  act  shall  take  eflect  upon  its  pas- 
sage, and  shall  become  void  unless  work  hereunder  is 
begun  within  three  years  from  the  date  of  its  passage. 

Approved  June  5,  1896. 


QJiaV.494:  ^^     ^^"^     KELATIVE     to     the     EMPLOYMENT     OF     MECHANICS     AND 

LABORERS   ON  PUBLIC   WORKS. 


Preference  to 
be  given  to 
citizens  of  the 
United  States 
in  certain 
employment. 


Penalty. 


Not  to  take 
effect  until 
January  1,  1897< 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Hereafter,  in  the  employment  of  mechan- 
ics and  laborers  in  the  construction  of  public  works  by 
the  Commonwealth,  or  by  any  municipal  corporation 
therein,  or  by  persons  contracting  with  the  Common- 
wealth or  with  such  corporation,  preference  in  said  em- 
ployment shall  be  given  to  citizens  of  the  United  States  ; 
and  every  contract  hereafter  made  by  the  Commonwealth 
or  by  any  municipal  corporation  therein  shall  require  the 
giving  of  such  preference  in  said  employment. 

Section  2.  Any  contractor  Avho  knowingly  and  wil- 
fully violates  the  provisions  of  this  act  shall  be  fined  not 
more  than  one  hundred  dollars  for  each  ofience. 

Section  3.  This  act  shall  not  take  effect  until  Jan- 
uary first  in  the  year  eighteen  hundred  and  ninety-seven. 

Approved  June  5,  1896. 


Acts,  1896.  — Chap.  495.  493 


An  Act  relative   to  the  restoration  of   green   harbor  in  (JJinr)  4-95 

THE  TOWN   OF   MARSHFIELU. 

Be  it  enacted^  etc. ,  as  follows : 

Section  1.     The  board  of  harbor  and  land  commis-  Examination 
sioners  and  the  state  board  of  health,  acting  as  a  joint  Green°Harbor 
board,   are   hereby  required  to  cause  an  examination  of  |^^^M»'"8''fieid, 
Green    Harbor    in    the    town  of  Marshlield,    and  of  tlie 
Green  Harbor  marshes  and  the  dam  and  dike  constructed 
across  Green  Harbor  river  under  the  provisions  of  chap- 
ter three  hundred  and  three  of  the  acts  of  the  year  eight- 
een hundred  and  seventy-one,  to  be  made  by  competent 
engineers,  who  shall  rei)ort  to  said  joint  board  the  result 
of  their  examination ;   and  if  upon  receiving  such  report 
said  joint  board  shall  determine  that  a  substantial  im- 
provement in  and  benefit  to  Green  Harbor  will  result 
from  the  removal  of  said  dam  and  dike,  and  that  no  dam- 
age to  vested  property  rights  greater  than  the  benefit  and 
improvement  to  be  derived  from  such  removal  will  result 
therefrom,  then  the  board  of  harbor  and  land  commission-  Harborandiand 
ers  shall  remove  said  dam  and  dike,  and  shall   replace  m^"Lm'ove" 
such  portion  of  the  highway  as  may  be  destroyed  by  such  ^^'°^'  '^^'^' 
removal,  l)y  a  suitable  bridge,  either  with  or  without  a 
draw,  as  said  l)oard  of  harbor   and  land  commissioners 
may   determine  that  public  convenience  requires.     The  Joint  board, 
joint  board  and  the  l)oard  of  harl^or  and  land  commission-  |eneraUourt.  ° 
ers  shall  make  a  full  report  of  their  doings  under  this  act 
to  the  general  court  at  the  next  session  thereof. 


Section  2.  Any  person  who  suffers  injury  to  any  Damages, 
vested  property  right  by  reason  of  the  removal  of  said 
dam  and  dike  shall  be  entitled  to  have  his  damages  as- 
sessed against  the  Commonwealth  l)y  the  county  commis- 
sioners of  the  county  of  Plymouth,  with  like  right  of 
appeal  as  in  the  case  of  land  taken  for  the  construction 
of  highways  :  jyrovided,  that  in  case  the  Commonwealth  Proviso, 
shall  be  liable  for  damages  to  }n-operty,  the  increase  in 
value,  if  any,  which  has  accrued  by  the  building  of  said 
dam  and  dike  under  the  provisions  of  chapter  three  hun- 
dred and  three  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-one,  shall  be  deducted  in  the  assessment. 

Section  3.     To  defray  the  expense  incurred  under  this  Payment  of 
act  a  sum  not  exceeding  twelve  thousand  dollars  is  hereby  ^^p**"*^*- 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com- 


494  Acts,  1896.— Chaps.  496,  497. 

monwealth  from  the    ordinary  revenue,    subject  to  the 
approval  of  the  board  or  boards  incurring  the  expense. 
?„T°J/!.'^^„  Section  4.     If  the  board  of  harbor  and  land  commis- 

cause  repeal  of    sioucrs  sliall  reuiove  said  dam  and  dike,  then  so  much  of 

certain  pro-  111  ii  i>     i  j.         jy  ^^ 

visions  of  law.  chapter  three  hundred  and  three  ot  the  acts  ot  the  year 
eighteen  hundred  and  seventy-one  as  authorizes  the  con- 
struction and  maintenance  of  a  dam  and  dike  across 
Green  Harbor  river  in  the  town  of  Marshfield  shall,  from 
the  date  when  said  removal  is  commenced,  be  repealed. 

Approved  June  5,  1896. 

QJiar).4QQ  An  Act  to  abolish  days  of  grace  on  commercial  paper  ex- 
cept SIGHT  DKAFTS. 

Be  it  enacted,  etc.,  as  follows : 
Days  of  grace         Section  1.     No  davs  of  gracc,  accordiug  to  the  cus- 

aboliBbed.  */  o  ^  o 

tom  of  merchants,  shall  be  allowed  on  any  note,  draft, 
check,  acceptance,  bill  of  exchange,  bond  or  other  evi- 
dence of  indebtedness  made,  drawn  or  accepted  by  any 
person  or  corporation  after  this  act  shall  take  eflect,  un- 
less expressly  stipulated  therein,  but  the  same  shall  be 

Proviso.  (i^g  j^i^^i  payable  as  therein  expressed,  without  grace  :  pro- 

vided, that  this  act  shall  not  apply  to  any  draft  or  bill  of 
exchange  drawn  payable  at  sight. 

^^P*"^'*  Section  2.     Chapter  two  hundred  and  twenty-eight  of 

the  acts  of  the  year  eighteen  hundred  and  ninety-six  and 
all  acts  and  parts  of  acts  inconsiiStent  with  this  act  are 
hereby  repealed. 

January t'lso:.  SECTION  8.  This  act  sliall  take  effect  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-seven. 

Approved  June  5, 1896. 

ChapA^l  -^N   Act   TO   INCORPORATE    THE     TAUNTON    AND     BROCKTON     STREET 

RAILWAY  COMPANY. 

Be  it  enacted,  etc.,  as  follotvs  m 

B?ock?oVstreet      SECTION  1.     Sylvauus  M.   Thomas,   John  P.   Morse, 
Railway  Com-     Frank  W.  Brightman,  Horace  B.  Rogers,  Cornelius  A. 

pany  incor-  •!/>  i  -i    /-^ 

porated.  Davis,  Alfred  A.  Glasier,  George  M.  Elmes  and  George 

H.  Campbell,  their  associates  and  successors,  are  hereby 
made  a  corporation  under  the  name  of  the  Taunton  and 
Brockton  Street  Railway  Company ;  with  all  the  powers 
and  privileges  and  subject  to  all  the  duties,  conditions 
and  restrictions  set  forth  in  all  ijeneral  laws  that  now  are 


Acts,  189G.  — Chap.  497.  495 


or  hereafter  may  be  in  force  relating  to   street  railway 
companies,  except  as  hereinafter  provided. 

Section  2.     Said  company  is  hereby  authorized  to  con-  May  construct, 
struct  and  operate  a  railway,  with  single  or  double  tracks  iVcenafn  ciuL 
and  with  convenient  turn-outs  and  switches,  in  part  upon  ^^  'owns. 
private  land,  which  it  may  take  by  purchase  or  lease,  and 
over  and  upon  such  locations  in  the  streets  or  highways 
of  the  cities  of  Taunton  and  Brockton,  and  of  the  towns 
of  Raynham,  Easton,  West  Bridgewater  and  Bridge  water, 
as  shall  be  from  time  to  time  tixed  and  determined  by  the 
mayor  and  aldermen  or  selectmen  of  said  cities  and  towns 
respectively.     Said  company  may  acciuire,  by  purchase  or  May  acquire 

,^11  lii^'j.  i-i.'  1   necessary  real 

lease,  all  necessary  real  estate  tor  its  power  station  and  estate. 
for  uses  incident  to  the  proper  maintenance  of  its  railway. 

Section  3.    The  location  of  said  street  railway  outside  Location. 
of  public  streets  and  highways  shall  not  exceed  fifty  feet 
in  width. 

Section  4.  Said  company  may  maintain  and  operate  Motive  power, 
said  railway  by  any  approved  motive  power  other  than 
steam,  and,  with  the  consent  of  the  mayor  and  aldermen 
or  selectmen  of  the  cities  and  towns  respectively  in  wdiich 
locations  are  granted  as  aforesaid,  may  make  such  under- 
ground alterations  of  the  streets  and  higliAvays,  and  may 
erect  such  poles  and  wires  thereon,  and  may  erect  and 
maintain  such  poles  and  wires  on  private  lands  obtained 
as  aforesaid,  as  may  be  necessary  to  establish  and  main- 
tain such  motive  power. 

Section  5.     The  capital  stock  of  said  company  shall  capital  stock. 
not  exceed  one  hundred  thousand  dollars,  except  that  said 
company  may  increase  its  capital  stock  subject  to  all  gen- 
eral laws  applicable  to  said  increase. 

Section  6.     Said  company  may  from  time  to  time,  by  May  issue 
vote  of  a  majority  in  interest  of  its  stockholders,  issue  ^°°  *'*^^'^' 
coupon  or  registered  bonds  to  an  amount  not  exceeding 
one  hundred  thousand  dollars,  for  a  term  not  exceeding 
twenty  years  from  the  date  thereof:  provided,  that  no  Proviso, 
issue  of  bonds  shall  be  made  unless  there  shall  have  been 
actually  paid  in  an  amount  of  the  stock  equal  to  the  amount 
of  such  issue.    To  secure  the  payment  of  such  bonds,  with 
interest  thereon,  said  company  may  make  a  mortgage  of 
its  road  and  franchise,  or  any  part  of  its  other  property, 
and  may  include  in  such  mortgage  property  thereafter  to 
be  acquired,  and  may  therein  reserve  to  its  directors  the 
right  to  sell  or  otherwise  in  due  course  of  business  to 


496  Acts,  1896.  — Chap.  498. 

dispose  of  property  included  therein  which  may  become 
worn,  damaged  or  unsuitable  for  use  in  the  operation  of 
its  road,  provided  an  equivalent  in  value  is  substituted 
therefor ;  and  all  bonds  issued  shall  tirst  l)e  approved  by 
some  person  appointed  by  the  corporation  for  that  pur- 
pose, who  shall  certify  upon  each  bond  that  it  is  properly 
issued  and  recorded. 
stock'a^nd" "'  Section  7.     All  stock  and  bonds  authorized  by  this 

bonds.  q^qi  shall  ])e  issued  and  disposed  of  in  accordance  with  the 

provisions  of  all  general  laws  relative  to  the  issue  of  stock 
and  l)onds  by  street  railway  companies. 
Mmmon^'canier      Section  8.     Said  company  may  act  as  a  common  car- 
of  small  parceiB.  j.jgj.  ^f  gniall  parccls  !  provicled,  it  shall  not  so  act  in  the 
cities  of  Taunton  and  Brockton,   or  in  any  town,  until 
authorized  to  do  so  by  a  two  thirds  vote  of  the  voters  of 
said  cities  or  towns  present  and  voting  thereon   at  an 
annual  or  special  election  held  for  that  purpose. 
8t?ucted°°e"tc.,         Section  9.     Tliis  act  sliall  take  ctlcct  upou  its  passagc, 
1898^  "^"'^  ^'     I'ut  shall  become  void  unless  said  railway  is  constructed 
and  put  in  operation  before  the  lirst  day  of  July  in  the 
year  eighteen  hundred  and  ninety-eight. 

Approved  June  5,  1896. 

Ch(ip.4QS  An  Act   to  authorize   cities  and  towns  to  use  the  mctam- 

MANY  VOTING  MACHINES   IN   STATE,   CITY   AND   TOWN   ELECTIONS. 

Be  it  enacted,  etc. ,  as  follows : 

TOtuig'^chTnes      Section  1.     The  secretary  of  the  Commonwealth,  upon 
to  certefn  citfei  ^hc  rcqucst  of  the  1)oard  of  aldermen  of  any  city  or  of 
and  towns.        ^hc  Selectmen  of  any  town,  shall  forthwith  furnish  to  the 
said  city  or  town  a  sufficient  numl)er  of  McTammany  voting 
machines  to  enable  all  candidates  for  all  offices  (national, 
state,  city  or  town)  to  ])e  tilled  at  such  election,  to  be 
voted  for  on  such  machines,  together  with  all  proposi- 
tions or  questions  that  may  be  lawfully  submitted  to  such 
Expense  to  be     votcrs.     The  expeusc  for  such  machines  shall  be  borne 

borne  by  the  i         /~. 

ooramou-  by  the  Commonwealth,  but  not  more  than  fifty  of  such 

machines   shall   lie   i)urchased   for  use    during   the    year 
eighteen  hundred  and  ninety-six. 
SaSs^etc.^,        Section  2.     Not  later  than  thirty  days  after  the  pas- 
te be  sent  to       sao^e  of  this  bill  the  secretarv  of  the  Commonwealth  shall 
towns.  send  to  every  city  and  town  clerk  and  to  every  board  of 

aldermen  and  to  every  board  of  selectmen  a  description 
of  said  voting  machines  and  the  terms  upon  which  they 


Acts,  1896.  — Chaps.  499,  500.  497 

are  to  be  furnished  and  used  under  the  provisions  of  this 
act.     The  machines  shall  be  purchased  from  the  manu-  Price  ot 
facturers  and  i)aid  for  by  the  secretary  of  the  Common-  '^^^  °^*' 
wealth   out  of  the  treasury  of  the  Commonwealth,  at  a 
price  not  exceeding  two  hundred  and  fifty  dollars  for  each 
machine. 

Section  3.     The  election  of  officers  to  be  voted  for  in  Election  of 
all    towns  and  voting  precincts  of  all  cities  which  have  tLin  cities  and 
decided  to  use  the  said  machines  under  the  provisions  of  u°8e  of  l°ot'iDg^^ 
this   act  shall   be  by  the  use  of  said  machines,  and  the  m'^c^'ineB,  etc. 
secretary  of  the  Commonwealth  shall  furnish  to  said  cities 
and   towns  tally  sheets  adapted  to  the  use  of  said  ma- 
chines.     The  provisions  of  law  with  reference  to   the  certain  pro- 
preservation  of  ballots  at  public  expense,  the  preparation  to  apply. 
of  polling  places,  the  conduct  of  elections,  the  counting, 
preserving  and  recounting  of  l>allots,  and  the  provisions 
of  chapter  four  hundred  and  sixty -five  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-three  shall,  so  far  as 
applicable,  govern  elections  when  said  machines  are  used. 
The  ballot  law  commissioners  are  hereby  authorized  to  Baiiot  law  com- 

,  ,  1  1  1    J  •  ,     •  '    ,        ,         •  ,^     missioners  may 

make  such  rules  and  regulations,  not  inconsistent  AVitli  make  rules  and 
the  provisions  of  law,  respecting  the  use  of  said  machines 
as  they  shall  consider  necessary  for  the  conduct  of  elec- 
tions by  the  use  of  said  machines. 

Approved  June  5,  1896. 


regulations. 


An  Act  relative  to  markiage  and  the  legitimacy  of  children. 


ChapA^^ 


The  provisions  of  chapter  four  hundred  and  twenty-  1895,427,  to 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety-  cL'es. 
five  shall  apply  to  cases  in  which  the  impediment  to 
marriage  therein  referred  to  was  removed  prior  to  the 
date  when  said  act  took  efl^ect,  as  well  as  to  cases  in 
wdiich  such  impediment  Avas  removed  subsequent  to  such 
date  :  provided,  that  no  marriage  otherwise  valid  shall 
hereby  be  rendered  invalid.  Approved  June  5,  1896. 

An  Act  to  provide  for  the  construction  at  Cambridge  of  a  CJiriY)  ^00 
building  for  the  registry  of  deeds  and  for  the  probate 

COURT. 

Be  it  enacted,  etc.,  as  follotos : 

Section  1.     The  county  commissioners  of  the  county  county  com- 
of  Middlesex  are  hereby  authorized  to  provide  accommo-  providra'^^com- 


498 


Acts,  1896.  — Chap.  500. 


modations  at 
Cambridge  for 
registry  of 
deede  and 
probate  court, 
etc. 


Plans  to  be 
approved,  etc. 


County  com- 
misBioners  to 
advertise  for 
proposals  for 
■work,  etc. 


Awarding  of 
contracts,  etc. 


dations  at  Cambridge  for  the  registry  of  deeds  and  for 
tlie  probate  court  for  the  southern  district  of  said  county, 
by  the  erection  of  a  suitable  building  on  the  site  hereto- 
fore acquired  by  said  commissioners  under  the  authority 
given  them  by  chapter  three  hundred  and  sixty  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four.  The 
expense  incurred  for  constructing  said  l)uilding,  in  addi- 
tion to  the  cost  of  the  site,  shall  not  exceed  the  sum  of 
five  hundred  thousand  dollars ;  and  said  commissioners 
shall  not  make  any  contracts  calling  for  a  larger  expendi- 
ture in  the  aggregate,  for  said  purpose  than  the  amount 
herein  specified. 

Section  2.  No  contracts  shall  he  made  for  the  con- 
struction and  furnishing  of  said  building  until  plans, 
together  with  detailed  estimates  of  cost  from  responsible 
parties,  who  are  willing  and  prepared  to  furnish  bonds 
with  satisfactory  sureties  for  the  actual  performance  of 
the  work  and  the  furnishing'  of  the  materials  for  the 
amounts  specified  in  said  estimates,  have  been  submitted 
to  a  board  to  consist  of  the  judges  of  probate  for  the 
county  of  Middlesex  and  the  clerk  of  courts  of  said 
county,  and  approved  by  said  board.  Such  approval 
shall  not  be  given  until  said  l)oard  is  fully  satisfied  that 
the  cost  of  the  building  and  its  furnishings,  ready  for  the 
use  of  said  registry  and  court  and  of  the  offices  incident 
thereto,  will  not  exceed  the  sum  of  five  hundred  thousand 
dollars. 

Section  3.  After  said  plans  shall  have  been  so  ap- 
proved the  county  commissioners  shall  advertise  for  pro- 
posals for  doing  the  work  and  furnishing  the  materials 
required  by  such  plans.  Such  advertisements  shall  be 
published  in  at  least  two  daily  newspapers  of  general 
circulation  in  the  city  of  Boston,  for  not  less  than  two 
weeks  successively  prior  to  the  time  specified  in  the  ad- 
vertisements for  opening  said  proposals  ;  and  said  pro- 
posals shall  not  specify  any  jiarticular  party  or  parties 
from  whom  the  person  to  whom  the  contract  may  be 
awarded  shall  purchase  his  materials.  The  contracts  for 
said  work  shall  be  awarded  to  the  lowest  responsible 
bidder  who  ofiers  to  do  the  same  within  the  limits  pre- 
scribed l^y  this  act,  lint  shall  not  be  so  awarded  until  said 
contracts  shall  have  been  approved  l)y  the  board  provided 
for  in  section  two  of  this  act.  The  county  commissioners 
shall  have  authority  to  reject  any  and  all  bids,  in  which 


Acts,  1896.  — Chap.  500.  499 

case  said  commissioners  shall  forthwith  advertise  for  new 
proposals. 

Section  4.  At  the  end  of  every  contract  awarded  under  piauee  to  be 
the  provisions  of  this  act  shall  be  inserted  the  following  Lve'ry^contract. 
clause  :  — But  said  party  of  the  second  part  shall  not  re- 
ceive or  be  entitled  to  receive  any  sum  in  addition  to  the 
sum  named  in  this  contract,  for  any  additional  work  done 
or  material  furnished,  or  for  any  other  matter  or  claim 
whatsoever,  unless,  before  the  additional  work  or  material 
or  matter  of  claim  shall  be  done  or  furnished,  the  lioard 
constituted  by  chapter  five  hundred  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six  shall  first  approve  the 
same  and  the  additional  sum  or  sums  to  lie  paid  therefor. 

Section  5.     In  order  to  meet  the  exiienses  incurred  May  issue 

,  ,   ,  -  ....  bonds,  etc. 

under  this  act  the  county  commissioners  may  issue  trom 
time  to  time  coupon  or  registered  bonds  of  said  county, 
bearing  interest  at  a  rate  not  exceeding  four  per  cent,  per 
annum,  to  an  amount  not  exceeding  in  the  aggregate  five 
hundred  thousand  dollars,  including  the  amount  of  bonds 
which  said  commissioners  were  authorized  to  issue  by 
chapter  four  hundred  and  nine  t)f  the  acts  of  the  year 
eighteen  hundred  and  ninety-five ;  and  the  proceeds  of 
the  bonds  issued  under  authority  of  said  chapter  four  hun- 
dred and  nine  shall  be  used  for  the  purpose  of  meeting 
the  expenses  which  may  be  incurred  under  the  present 
act.  Before  issuing  any  such  bonds  said  commissioners  saie  of  bonds, 
shall  advertise  for  proposals  for  the  amount  to  be  issued,  '^"^" 
in  two  daily  newspapers  of  general  circulation  published 
in  the  city  of  Boston ;  and  the  bonds  shall  be  sold  to  the 
highest  responsible  l)idder,  the  county  commissioners  hav- 
ing authority  to  reject  any  and  all  bids,  in  which  case 
said  commissioners  shall  forthwith  advertise  for  new  pro- 
posals. The  indebtedness  so  incurred  by  said  county,  Payment  of 
together  with  the  indebtedness  which  may  now  exist  or  >°'^«^*'^^°^««- 
which  may  hereafter  be  incurred  on  account  of  the  issue 
of  bonds  authorized  by  chapter  four  hundred  and  nine  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five, 
shall  1)6  paid  out  of  the  amounts  received  for  taxes,  at 
the  rate  of  twenty  thousand  dollars  each  year,  commenc- 
ing with  the  year  eighteen  hundred  and  ninety-seven, 
until  the  whole  indebtedness  is  paid. 

Section    6.     The    receiving    by  the    county   commis-  Receiving  of 

/.   1  .  1      /.  Ml  J-*         i?         xi  1     ,       certain  bids  to 

sioners  of  bids  trom  responsilne  parties  tor  the  complete  be  authority  to 
construction  of  the  building  authorized  by  this  act  and  ^«;;«^^ '"'>''«y. 


500  Acts,  1896.  — Chap.  501. 

for  furnishing  and  equipping  the  same  ready  for  the  use 
of  said  registry  and  court  within  the  sum  of  five  hundred 
thousand  doUars,  said  receipt  being  evidenced  by  a  cer- 
tificate to  that  ert'ect  signed  by  the  members  of  the  board 
named  in  section  two  of  this  act,  shall  be  a  condition 
precedent  to  the  authority  of  said  commissioners  to  ])or- 
row  or  to  incur  indel)tedness  under  this  act  or  to  expend 
any  sums  already  l^orrowed  under  the  provisions  of  chap- 
ter four  hundred  and  nine  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  except  for  procuring  plans  and 
specifications. 
Repeal,  etc.  Section  7.     Chapter  four  hundred  and  uiuc  of  the  acts 

of  the  year  eighteen  hundred  and  ninety-five  is  hereby 
repealed ;  but  this  repeal  shall  not  aflect  the  validity  of 
any  bonds  which  may  have  been  issued  as  authorized  by 
said  chapter. 

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

Approved  June  5,  1896. 

Ghap  501   ^N  -^CT   TO   PROVIDE   KOR  THE   EXTENSION   OF   THE    FRANCHISES   OF 

STREET  RAILWAY   COMPANIES. 

Be  it  enacted^  etc. ,  as  follows : 
Certain  street  Section  1.     A  street  railwav  company  which  by  its 

railway  com-  -^     ^  ^  i,  l         j  .,,''. 

panics  may        charter  or  certificate  of  incorporation,  or  by  special  legis- 

exteud  their  .  .  i-t,  ■  j-^-i  "^   j 

railways  into      lativc  act,  IS  authorizcd  to  construct,  maintain  and  operate 

certain  cities  ,  /  -i  •  'j  j.  •        j.i   •         /-^ 

and  towns.        a  street  railway  in  any  city  or  town  in  this    Lominon- 
wealth,   and  which  has   constructed  its  railway  therein, 
may,  subject  to  the  provisions  of  the  general  laws  relat- 
ing to  the  location,  construction  and  operation  of  street 
railways,  extend  its  railway  into  such  other   cities    and 
towns  in  this  Commonwealth  adjoining  those  cities   and 
towns  only  in  which  said  street  railway  company  was  em- 
powered to  build  and  operate  its  road  under  its  original 
charter,   as   the   l)oard   of  railroad  commissioners    shall, 
upon  the  application  of  such  company,  and  after   public 
notice  and  hearing  of  all  parties  interested,  certify  that 
Copy  of  certifi.   tlic  public  coiivcnience  requires.     A  duly  attested   copy 
with  secretary    of  sucli  Certificate  shall  within  three  days  after  the  grant- 
mo'iiweaith.       ing  of  the  saiiic  be  filed  by  said  board  in  the  office  of  the 
secretary  of  the  Commonwealth. 

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

Approved  June  5,  1896. 


Acts,  1896.  — Chaps.  502,  503.  501 


An  Act  relative  to  the  civil  service  of  the  commonwealth  (JJinj)  502 

AND   THE   cities   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  fifteen  of  chapter  three  hundred  etcf.'ame'ndld. 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
eighty-four,  as  amended  by  chapter  ninety-five  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-three,  is  hereby 
amended  by  inserting  after  the  word  "  Commonwealth", 
in  the  ninth  line,  the  words  :  — the  employees  of  the 
board  of  commissioners  of  savings  banks,  —  so  that  the 
section  as  amended  will  read  as  follows:  —  /Section  15.  f^p'ioy^es'^ 
Judicial  officers  and  officers  who  are  elected  by  the  people,  cMu^e'A^/e""* 
or  a  city  council,  or  whose  appointment  is  subject  to  con-  "■u'es. 
firmation  by  the  executive  council  of  the  Commonwealth, 
or  the  city  council  of  any  city,  officers  who  are  elected 
by  either  branch  of  the  general  court  and  the  appointees 
of  such  officers,  heads  of  any  principal  departments 
of  the  Commonwealth  or  of  a  city,  the  employees  of 
the  treasurer  of  the  Commonwealth,  the  employees  of  the 
board  of  commissioners  of  savings  banks,  and  of  the 
treasurer  and  collector  of  taxes  of  any  city,  two  employ- 
ees of  the  city  clerk  of  any  city,  teachers  of  the  public 
schools,  the  secretaries  and  confidential  stenographers  of 
the  governor  or  of  the  mayor  of  any  city,  shall  not  l)e 
affected  as  to  their  selection  or  appointment  by  any  rules 
made  as  aforesaid,  but  such  rules  shall  apply  to  members 
of  the  police  and  fire  departments,  other  than  police  and 
fire  commissioners  and  chief  marshals,  or  chiefs  of  police 
and  fire  departments. 

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

Approved  June  5,  1896. 


Chap.503 


An  Act  to  authorize  the  selectmen  of  the  town  of  fair- 
haven  TO  LAY  OUT  A   AVAY  OVER  TIDE   WATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  selectmen  of  the  town  of  Fairhaven  Town  of  Fair- 
are  hereby  authorized  to  lay  out,  in  part  over  tide  water,  oura°nonhe?fy 
under  the  provisions  of  chapters  nineteen  and  fifty-one  of  MS°street, 
the  Public  Statutes,  a  northerly  extension  of  a  way  called  ^'° 
Middle  street,  from  the   present  northerly  terminus   of 
said  Middle  street  to  the  southerly  line  of  Pease  street 


502 


Acts,  1896.  — Chaps.  504,  505. 


in  said  town ;  and  any  bridge  whicli  it  may  be  necessary 
to  construct  as  a  part  of  said  way  may  be  constructed 
either  with  or  without  a  draw,  as  the  Ijoard  of  harl)or  and 
land  commissioners  may  direct. 

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

Approved  June  5,  1896. 


Gardner  Miieic 
Hall  Company 
incorporated. 


ChciT).504:  -^^    ■^^'^    "^O    INCORPOKATE   THE    GAKDNEK   MUSIC    HALL    COMPANY 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Dexter  A.  Smith,  Louis  A.  Greenwood, 
William  J.  Drenning,  Carlos  E.  Ball,  Michael  J.  Ryan, 
George  B.  Underwood,  Henry  W.  Saunders,  C.  Leslie 
Bent,  Oliver  J.  Richards,  Guy  W.  Garland,  Edward  A. 
Chandler,  Cephas  B.  Stephens,  their  associates  and  suc- 
cessors, are  hereby  made  a  corporation  hy  the  name  of 
the  Gardner  Music  Hall  Company,  to  l)e  located  at  Gard- 
ner, wdth  authority  to  purchase  a  certain  tract  of  land 
situated  on  tlie  south  side  of  Central  street,  between  Pine 
and  Lake  streets,  in  Gardner,  and  having  a  frontage  on 
said  Central  street  of  one  hundred  and  ten  feet,  and  a 
depth  of  ninety  feet ;  and  to  erect,  complete  and  main- 
tain a  Imilding  thereon,  to  be  used  for  a  music  hall, 
theatre,  and  for  mechanical  and  mercantile  purposes,  and 
for  shops,  stores  and  offices. 

Section  2.  Said  corporation  may  have  a  capital  stock 
not  exceeding  twenty- live  thousand  dollars,  may  mortgage 
its  property,  and  shall,  except  as  herein  otherwise  pro- 
vided, have  all  the  powers  and  privileges  and  be  subject 
to  all  the  duties,  liabilities  and  restrictions  set  forth  in 
all  general  laws  which  now  are  or  hereafter  may  he  in 
force  relating  to  such  corporations. 

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

Approved  June  5,  1896. 


Capital  stock, 
powers,  duties, 
etc. 


(JJiap.505   ^N  ■^'^'^  RELATIVE   TO   THE   BOUNDARY  LINE   BETWEEN    THE   TOWNS 

OF   HAMILTON   AND   IPSWICH. 


Part  of  Hamil- 
ton annexed  to 
Ipswich. 


Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  So  much  of  the  town  of  Hamilton  as  lies 
east  of  the  following  line,  namely :  Beginning  at  a  spring 
on  land  of  F.  R.  Appleton  and  situated  on  the  easterly 
side  of  the  eastern  division  of  the  Boston  and  Maine  rail- 
road and  on  the  present  boundary  line  between  the  towns 
of  Hamilton  and  Ipswich,  thence  running  westerly  and 


Acts,  1896.  — Chaps.  506,  507.  503 

across  said  railroad  a  distance  of  thirty-one  rods,  thence 

north  forty  and  one  half  degrees  west  one  hundred  and 

thirty-seven  and  one  half  rods,  thence  north  nine  degrees 

east  one  hundred  and  seventy  rods  to  an  old  boundary 

stone  on  the  road  leading  from  Kent's  Corner  to  the  back 

side  of  Hamilton,  —  with  all  the  estates  therein,  is  hereby 

set  off  from  the  town  of  Hamilton  and  annexed  to  and 

made  a  part  of  the  town  of  Ipswich.     And  so  much  of  fnnexeVfo*'^*''^ 

the  town  of  Ipswich  as  lies  west  of  the  alcove-described  Hamilton. 

line,  with  all  the  estates  therein,  is  hereby  set  off  from 

the  town  of  Ipswich  and  annexed  to  and  made  a  part  of 

the  town  of  Hamilton. 

Section  2.     The  town  of  Ipswich  shall  hereafter  main-  Town  of 
tain  and  keep  in  repair  that  portion  of  the  highway  on  maintain  and 
each  side  of  Kent's  Corner  now  held  in  common  by  the  portion  of^*"^ 
two  towns.  ^ZT!"^'^^' 

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

Approved  June  5,  1896. 


Chap.506 


An  Act  to  authorize  the  county  commissioners  of  the 
county  of  worcester  to  expend  a  sum  of  money  in  part 
payment  of  the  cost  of  a  statue  of  charles  devens. 

Be  it  enacted,  etc.,  as  folloivs : 

The  county  commissioners  of  the  county  of  Worcester  County  com- 

,,.,.,,  .     ,  y  T  missioners  may 

are  hereby  authorized  to  appropriate  and  expend  a  sum  appropriate  a 
not  to  exceed  five  thousand  dollars  for  the  purpose  of  de-  toward  coB^of 
fraying  one  third  part  of  the  cost  of  a  statue  of  the  late  charfea  Devens. 
General  and  Judge  Charles  Devens,  the  same  to  be  erected 
on  the  grounds   of  the  Worcester  county  court  house. 
The  sum  hereby  authorized  shall  be  paid  by  said  commis- 
sioners to  such  person  or  persons  as  the  city  of  Worces- 
ter and  private  parties  subscribing  for  said  statue  may 
designate,  and  at  such  time  as  the  remaining  two  thirds 
part  of  the  cost  shall  have  l)een  provided  for  by  said  city 
and  parties.  Approved  June  5,  1896. 


Chap.507 


An  Act  to  provide  for  certain  improvements  at  the   berk- 
shire  COUNTY    JAIL. 

Be  it  enacted,  etc.,  as  foUoics : 

Section  1.     The  county  commissioners  of  the  county  shower  baths  to 
of  Berkshire  are  hereljy  required  to  jcrovide  shower  baths  Be^kTh/re^ 
for  the  prisoners  in  the  jail  of  said  county.     The  expense  *^°"°'yj'"  • 
incurred  for  said  purpose  shall  not  exceed  one  thousand 


504 


Acts,  1896.  — Chap.  508. 


dollars,  and  the  whole  or  a  part  of  the  necessary  sum  may 
be  borrowed  by  said  commissioners  on  the  credit  of  said 
county.  Said  commissioners  may  use  the  labor  of  the 
prisoners  in  said  jail  in  making  said  improvement,  and 
the  work  shall  be  completed  before  the  first  day  of  Jan- 
uary in  the  year  eighteen  hundred  and  ninety-seven. 
Section  2.     This  act  shall  take  eifect  upon  its  passage. 

Approved  June  5,  1896. 


Chan.dOS  ^^  -^^"^  relative  to  the  constkuction  of  a  sea  wall  along 

CHARLES   RIVER  IN  THE   CITY   OK   CAMBRIDGE. 


City  of  Cam- 
bridge may 
construct  a  sea 
wall  along 
Charles  river 
under  certain 
conditions. 


Material  used 
for  filling  to  be 
dredged  from 
flats,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  If  the  city  of  Camljridge,  l)y  its  city 
council,  acting  under  the  authority  heretofore  given  to  it 
l)y  acts  of  the  general  court,  should  hereafter  take  and  hold 
l)y  purchase  or  otherwise,  for  park  purposes,  a  certain 
parcel  of  land  situated  in  said  city  and  bounded  as  follows  : 
—  Southerly,  l)y  the  United  States  pier  and  ])ulkhead  line, 
established  in  accordance  with  the  statutes  of  the  United 
States  and  approved  by  the  secretary  of  war  on  the  thir- 
teenth day  of  Fel^ruary  in  the  year  eighteen  hundred  and 
ninety,  twenty-five  hundred  and  twenty-two  feet,  more  or 
less  ;  northwesterly  l)y  land  of  The  Charles  River  Embank- 
ment Company,  two  hundred  and  thirty-one  and  thirteen 
one  hundredths  feet;  northerly  l)y  a  line  parallel  with 
said  pier  and  bulkhead  line,  and  two  hundred  feet  distant 
northerly  therefrom,  twenty-one  hundred  and  seventy-five 
feet,  more  or  less,  and  northeasterly,  by  Main  street  and 
West  Boston  l)ridge,  two  hundred  and  fifty-four  feet, 
the  said  city  of  Cambridge  may  by  its  board  of  park 
conmiissioners,  subject  to  the  approval  of  the  board  of 
harbor  and  land  commissioners,  Iniild  a  solid  sea  wall 
upon  the  entire  southerly  line  of  said  parcel  of  land,  the 
southerly  face  of  which  wall  shall  coincide  with  the  said 
pier  and  bulkhead  line,  between  the  two  termini  of  said 
southerly  line,  and  fill  to  established  grades  the  land 
included  in  the  foregoing  description,  so  that  the  level  of 
the  same  when  filled  shall  coincide  with  the  grade  of  said 
West  Boston  liridge  and  with  the  grade  of  the  said  adjoin- 
ing land  of  The  Charles  River  Embankment  Company. 

Section  2.  The  material  used  for  doing  the  filling 
hereby  authorized  shall  be  dredged  from  the  flats  on  the 
northerly  side  of  the  channel  of  Charles  river  basin,  lying 


Acts,  1896.  — Chap.  509.  505 

between  West  Boston  bridge  and  Harvard  bridge,  in  such 
places  and  to  such  depths  as  the  Ijoard  of  harbor  and 
land  commissioners,  having  due  regard  to  the  require- 
ments of  navigation,  the  improvement  of  said  basin  and 
the  quality  of  material  suitable  for  such  tilling,  shall 
from  time  to  time  prescribe.  All  the  work  in  tide  water 
shall  be  subject  to  the  provisions  of  all  general  laws  ap- 
plica1)le  thereto. 

Section  3.  Said  city  shall  be  lialilc  to  pay  all  damages  Damages, 
sustained  by  any  persons  or  corporations  by  the  taking 
or  injury  to  any  of  their  land,  real  estate  or  property  for 
the  purposes  aforesaid,  under  and  l)y  virtue  of  this  act,  so 
far  as  provision  for  the  payment  of  such  damages  has 
not  heretofore  been  made  l^y  chapter  three  hundred  and 
forty-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-two  and  the  amendments  thereof;  and  the  proceed- 
ings for  the  recovery  of  such  additional  damages,  if  any, 
as  to  the  time  and  manner  of  recovery,  and  in  all  other  re- 
spects, shall  be  the  same  as  provided  in  said  act  and  said 
amendments. 

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

Approved  June  6,  1896. 

An  Act  to  divide  the  commonwealth  into  districts  for  the  fij^nry  5QQ 

CHOICE    OF     SENATORS    AND     COUNCILLORS,     AND    TO     APPORTION  "' 

representatives   to   the   several   COUNTIES. 

Be  it  enacted^  etc.,  as  follows: 

SENATORIAL    DISTRICTS. 

Section  1.     For   the    purpose    of  choosing    senators  s™atonai 
until  the    next    decennial    ap})ortionment   the    Common- 
wealth  is    hereby  divided,   agreeably  to  the   provisions 
of   the   constitution,  into    forty  districts,  as    hereinafter 
specified. 

Section  2.     The  towns  in  the  counties  of  Barnstable,  cape  District. 
Dukes  County  and  Nantucket  shall  constitute  a  district, 
to  1)0  known  as  the  Cape  District. 

Section  3.     The  county  of  Bristol  is  divided  into  three 
districts,  as  follows  :  — 

The  city  of  Taunton  and  the  towns  of  Attleborough,  First  Bristol 
Berkley,  Easton,  Mansfield,  North  Attleborough,  Norton,  ^*''""'- 
Eaynham,   Rehoboth  and  Seekonk  shall  constitute  a  dis- 
trict, to  be  known  as  the  First  Bristol  District. 


506 


Acts,  1896.  — Chap.  509. 


Second  Bristol 
District. 


Third  Bristol 
District. 


First  Plymouth 
District. 


Second  Plym- 
outh District. 


First  Norfolk 
District. 


Second  Norfolk 
District. 


First  Suffolk 
District. 


Second  Suffolk 
District. 


The  city  of  Fall  Eiver  and  the  towns  of  Dighton,  Som- 
erset and  Swanzey  shall  constitute  a  district,  to  be  known 
as  the  Second  Bristol  District. 

The  city  of  New  Bedford  and  the  towns  of  Acushnet, 
Dartmouth,  Fairhaven,  Freetown  and  Westport  shall 
constitute  a  district,  to  be  known  as  the  Third  Bristol 
District. 

Section  4.  The  county  of  Plymouth,  together  with 
the  town  of  Cohasset  in  the  county  of  Norfolk,  is  divided 
into  two  districts,  as  follows  :  — 

The  towns  of  Abington,  Carver,  Duxbury,  East  Bridge- 
water,  Halifax,  Hanover,  Hanson,  Hingham,  Hull,  Kings- 
ton, Marshfield,  Norwell,  Pembroke,  Plymouth,  Plymp- 
ton,  Rockland,  Scituate,  AYhitman  and  Cohasset  shall 
constitute  a  district,  to  1)e  known  as  the  First  Plymouth 
District. 

The  city  of  Brockton  and  the  towns  of  Bridgewater, 
Lakeville,  Marion,  Mattapoisett,  Middleborough,  Roches- 
ter, Wareham  and  AVest  Bridgewater  shall  constitute  a 
district,  to  be  known  as  the  Second  Plymouth  District. 

Section  5.  The  county  of  Norfolk,  exclusive  of  the 
town  of  Cohasset,  is  divided  into  two  districts,  as  fol- 
lows :  — 

The  city  of  Quincy  and  the  towns  of  Braintree,  Canton, 
Holl)rook,  Hyde  Park,  Milton,  Randolph  and  Wey- 
mouth shall  constitute  a  district,  to  T)e  known  as  the  First 
Norfolk  District. 

The  towns  of  Avon,  Bellingham,  Brookline,  Dedham, 
Dover,  Foxborough,  Franklin,  Medfield,  Medway,  Millis, 
Needham,  Norfolk,  Norwood,  Sharon,  Stoughton,  Wal- 
pole,  Wellesley  and  Wrentham  shall  constitute  a  district, 
to  be  known  as  the  Second  Norfolk  District. 

Section  6.  The  county  of  Suflblk,  together  with  the 
ward  numl)ered  three  in  the  city  of  Cambridge  in  the 
county  of  Middlesex,  is  divided  into  nine  districts,  as 
follows  :  — 

The  city  of  Chelsea,  the  towns  of  Revere  and  Winthrop 
and  the  ward  numbered  one  in  the  city  of  Boston  shall 
constitute  a  district,  to  ])e  known  as  the  First  Suffolk 
District. 

The  wards  numbered  three,  four  and  five  in  the  city  of 
Boston  and  the  ward  numl^ered  three  in  the  city  of  Cam- 
bridge shall  constitute  a  district,  to  l)e  known  as  the  Sec- 
ond Suffolk  District. 


Acts,  1896.  — Chap.  509.  507 

The  wards  numbered  two,  six  and  eiixbt  in  the  city  of  ^f^  Suffolk 

^  JDistrict 

Boston   shall   constitute  a  district,   to  be  known  as  the 
Third  Suffolk  District. 

The  wards  numbered  seven,  nine  and  seventeen  in  the  Fourth  Suffolk 
city  of  Boston  shall  constitute  a  district,  to  l)e  known  as  ^'**"'''- 
the  Fourth  Suffolk  District. 

The  wards  numljered  ten,  twelve  and  eighteen  in  the  Fifth  Suffolk 
city  of  Boston  shall  constitute  a  district,  to  be  known  as  ^'*'''"=*- 
the  Fifth  Suffolk  District. 

The  wards  numbered  thirteen,  fourteen  and  fifteen  in  sixth  Suffolk 
the  city  of  Boston  shall  constitute  a  district,  to  l)e  known 
as  the  Sixth  Suffolk  District. 

The  wards  numbered  sixteen,  twenty  and  twenty-four  seventh  Suffolk 
in  the  city  of  Boston  shall   constitute  a  district,   to   be  ^'*^"'='' 
known  as  the  Seventh  Suffolk  District. 

The    wards    numbered    twenty-one,     twenty-two    and  ^Ifu-'i^t^"^""^ 
twenty-three  in  the  city  of  Boston  shall  constitute  a  dis- 
trict, to  be  known  as  the  Eighth  Suffolk  District. 

The  wards  numbered  eleven,  nineteen  and  twenty-five  Ninth  Suffolk 
in  the  city  of  Boston  shall  constitute  a   district,  to  be  ^*^'"*='- 
known  as  the  Ninth  Suffolk  District. 

Section  7.  The  counties  of  Essex  and  Middlesex, 
exclusive  of  the  ward  numl)ered  three  in  the  city  of  Cam- 
bridge, are  divided  into  thirteen  districts,  as  follows  :  — 

The  wards  numbered  one,  two,   three,  four,  five  and  cZ/trkt*^^^ 
seven  in  the  city  of  Lynn  and  the  towns  of  Nahant  and 
Swampscott  in  the  county  of  Essex  shall  constitute  a  dis- 
trict, to  1)6  known  as  the  First  Essex  District. 

The  cities  of  Beverly  and  Salem  and  the  towns  of  Dan-  second  Essex 
vers  and  Marlilehead  in  the  county  of  Essex  shall  consti-  •'^'*'"*''- 
tute  a  district,  to  be  known  as  the  Second  Essex  District. 

The    cities    of   Gloucester  and  Newl)uryport  and  the  TWrd  Essex 
towns  of   Essex,  Hamilton,  Ipswich,  Manchester,  New- 
bury, Rockport,  Rowley  and  Wenham  in  the  county  of 
Essex  shall  constitute  a  district,  to  be  known  as  the  Third 
Essex  District. 

The    city  of  Haverhill  and  the  towns   of  Amesbury,  Fourth  Esses 
Bradford,  Georgetown,  Groveland,  Merrimac,   Salisljury 
and  West  Newbury  in  the  county  of  Essex  shall  consti- 
tute a  district,  to  be  known  as  the  Fourth  Essex  District. 

The  city  of  Lawrence  and  the  towns  of  Andover,  Box-  Fifth  Essex 
ford,    Methuen,    North    Andover    and    Topsfield    in    the  ^^''"''• 
county  of  Essex  shall  constitute  a  district,  to  be  known 
as  the  Fifth  Essex  District. 


508  Acts,  1896.  — Chap.  509. 

Di'euia!*''^'^"^''  The  city  of  Newton  and  the  towns  of  Ashland,  Fram- 
ingham,  Holliston,  Hopkinton,  Natick,  Sherborn,  Water- 
town  and  Weston  in  the  county  of  Middlesex  shall  con- 
stitute a  district,  to  be  known  as  the  First  Middlesex 
District. 

Second  Middle-       I'l^g  wards  nunil)ered  one,  two,  four  and  five  in  the  city 

st^x  X)iBtrict 

of  Cambridge  in  the  county  of  Middlesex  shall  constitute 
a  district,  to  l)e  known  as  the  Second  Middlesex  District. 

JexDi^riclI^'  The  city  of  Sonierville  and  the  towns  of  Arlington  and 
Belmont  in  the  county  of  Middlesex  shall  constitute  a 
district,  to  be  known  as  the  Third  Middlesex  District. 

Fourth  Middle.       r^i^Q  citics   of  Evcrctt  aud  Maiden  and  the  town   of 

sex  District. 

Melrose  in  the  county  of  Middlesex  shall  constitute  a 
district,  to  be  known  as  the  Fourth  Middlesex  District. 

Fifth  Middlesex  xhc  citics  of  ]\Iarlborough,  Medford  and  Waltham  and 
the  towns  of  Lexington,  Lincoln,  Sudbury,  Wayland  and 
Winchester  in  the  county  of  Middlesex  shall  constitute  a 
district,  to  be  known  as  the  Fifth  Middlesex  District. 

Sixth  Middlesex       xiic  wards  numbered  five  and  nine  in  the  city  of  Lowell 

I-)istrict 

and  the  towns  of  Acton,  Ashby,  Ayer,  Bedford,  Biller- 
ica,  Boxborough,  Burlington,  Carlisle,  Concord,  Dun- 
stable, Groton,  Hudson,  Littleton,  Maynard,  Pepperell, 
Eeading,  Shirley,  Stow,  Tewksbury,  Townsend,  Tyngs- 
borough,  Westford  and  Wilmington  in  the  county  of 
Middlesex  shall  constitute  a  district,  to  be  known  as  the 
Sixth  Middlesex  District. 

se^xDi^ItrYc't'''"^"  ^he  wards  numbered  one,  two,  three,  four,  six,  seven 
and  eight  in  the  city  of  Lowell  and  the  towns  of  Chelms- 
ford and  Dracut  in  the  county  of  Middlesex  shall  constitute 
a  district,  to  be  known  as  the  Seventh  Middlesex  District. 

Middlesex  and         ^]^\^q  ^.^^y  Qf  ^Yobum  and  the  towns  of  North  Eeading, 

Jiasex  District.  'J  O' 

Stoneham  and  Wakefield  in  the  county  of  Middlesex,  the 
ward  numl)ered  six  in  the  city  of  Lynn  and  the  towns  of 
Lynnfield,  Middleton,  Peabody  and  Saugus  in  the  county 
of  Essex,  shall  constitute  a  district,  to  be  known  as  the 
Middlesex  and  Essex  District. 

Section  8.     The  county  of  Worcester  is  divided  into 

five  districts,  as  follows  :  — 

DiBtT^!^'"'^^^^^      The  wards  nunil)ered  four,  five,  six,  seven  and  eight  in 

the  city  of  Worcester  shall  constitute  a  district,  to  be 

known  as  the  First  Worcester  District. 

Worcester  Tlic  wards  uuml^ered  one,  two  and  three  in  the  city  of 

District.  Worcester  and  the  towns  of  Berlin,  Bolton,  Boylston, 

Clinton,  Harvard,  Holden,  Lancaster,  Sterling  and  West 


Acts,  1896.  — Chap.  509.  509 

Boylston  shall  constitute  a  district,  to  he  known  as  the 
Second  Worcester  Di.strict. 

The  city  of  Fitchburg  and  the  towns  of  Ashburnham,  Third 
Athol,    Gardner,     Leominster,     Lunenliurs-,    Royalston,  Satdct!^'^ 
Westminster  and  Winchendon  shall  constitute  a  district, 
to  be  known  as  the  Third  Worcester  District. 

The  towns  of  Barre,  Brookfield,  Charlton,  Dana,  Dud-  fourth 

Worcester 

ley,  Hardwick,  Hubbardston,  Leicester,  New  Braintree,  District. 
North  Brookfield,  .Oakliam,  Paxton,  Petersham,  Philips- 
ton,  Princeton,  Rutland,  Southbridge,  Spencer,  Stur- 
bridge,  Templeton,  Warren,  Webster  and  West  Brook- 
field  shall  constitute  a  district,  to  be  known  as  the  Fourth 
Worcester  District. 

The  towns  of  Auburn,  Blackstone,  Douglas,  Grafton,  Fifth  Worcester 
Hopedale,   Mendon,    Milford,    Millbury,   Northborough, 
Northbridge,  Oxford,  Shrewsbury,  Southl)orough,  Sutton, 
Upton,  Uxbridge  and  Westl)orougli  shall  constitute  a  dis- 
trict, to  ])e  known  as  the  Fifth  Worcester  District. 

Section  9.  The  counties  of  Berkshire,  Franklin, 
Hami)den  and  Hampshire  are  divided  into  five  districts,  as 
follows  :  — 

The  cities  of  North  Adams  and  Pittsfield  and  the  towns  Berkshire 
of  Adams,  Cheshire,  Clarkslmrg,  Dalton,  Florida,  Han- 
cock, Hinsdale,  Lanesborough,  New  Ashford,  Peru, 
Savoy,  Williamstown  and  Windsor  in  the  county  of 
Berkshire  shall  constitute  a  district,  to  be  known  as  the 
Berkshire  Di.strict. 

The  towns  of  Alford,  Becket,  Egremont,  Great  Bar-  Berkshire  and 
rington,  Lee,  Lenox,  Monterey,  Mount  Washington,  New  DuTr^ct."^^ 
Marlborough,  Otis,  Richmond,  Sandisfield,  Shefiield, 
Stockl)ridge,  Tyringham,  Washington  and  West  Stock- 
bridge  in  the  county  of  Berkshire,  the  city  of  Northampton 
and  the  towns  of  Chesterfield,  Cummington,  Easthamp- 
ton,  Goshen,  Hadley,  Hatfield,  Huntington,  Middlefield, 
Plainfield,  South  Hadley,  Southampton,  Westhampton, 
AVilliams])urg  and  Worthington  in  the  county  of  Hamp- 
shire, and  the  towns  of  Blandford,  Chester  and  Russell  in 
the  county  of  Hampden,  shall  constitute  a  district,  to  be 
known  as  the  Berkshire  and  Hampshire  District. 

The  towns  in  the  county  of  Franklin  and  the  towns  Frankiinand 
of  Amherst,  Belchertown,  Enfield,  Granljy,  Greenwich,  Dfsu^ct."^^ 
Pelham,  Prescott  and  Ware  in  the  county  of  Hampshire 
shall  constitute  a  district,  to  be  known  as  the  Franklin 
and  Hampshire  District. 


510 


Acts,  1896.  — Chap.  509. 


First  Hampden 
District. 


Second  Hamp- 
den  District. 


Electionsduring 
present  political 
year. 


The  city  of  Springfield  and  the  towns  of  Brimfield, 
Holland,  Monson,  Palmer,  Wales  and  Wilbraham  in  the 
county  of  Hampden  shall  constitute  a  district,  to  be 
known  as  the  First  Hampden  District. 

The  cities  of  Chicoi)ee  and  Holyoke  and  the  tow^ns  of 
Agawam,  East  Longmeadow,  Granville,  Hampden,  Long- 
meadow,  Ludlow,  Montgomery,  Southwick,  Tolland, 
West  Springfield  and  Westfield  in  the  county  of  Hamp- 
den shall  constitute  a  district,  to  be  known  as  the  Second 
Hampden  District. 

Section  10.  In  case  a  new  election  is  ordered  during 
the  present  political  year  to  fill  any  vacancy  in  the  senate, 
said  election  shall  be  held  in  the  district  which  elected  the 
senator  whose  })lace  is  vacant,  as  the  same  existed  prior 
to  the  passage  of  this  act. 


Councillor 
Districts. 


First  District. 


Second  District. 


Third  District. 


Fourth  District. 


Fifth  District. 


Sixth  District. 


COUNCILLOR    DISTRICTS. 

Section  11.  For  the  purpose  of  choosing  councillors 
until  the  next  decennial  apportionment  the  Commonwealth 
is  hereby  divided,  agreeably  to  the  provisions  of  the  con- 
stitution, into  eight  districts,  as  hereinafter  specified. 

Section  12.  The  Cape,  the  first  and  second  Plymouth 
and  the  second  and  third  Bristol  senatorial  districts  shall 
constitute  a  district,  to  be  known  as  the  First  Councillor 
District. 

Section  13.  The  first  Bristol,  first  and  second  Nor- 
folk and  the  seventh  and  eighth  Sufiblk  senatorial  dis- 
tricts shall  constitute  a  district,  to  be  known  as  the 
Second  Councillor  District. 

Section  14.  The  first  and  second  Suffolk  and  the 
first,  second  and  third  Middlesex  senatorial  districts  shall 
constitute  a  district,  to  be  known  as  the  Third  Councillor 
District. 

Section  15.  The  third,  fourth,  fifth,  sixth  and  ninth 
Suffolk  senatorial  districts  shall  constitute  a  district,  to 
be  known  as  the  Fourth  Councillor  District. 

Section  16.  The  first,  second,  third  and  fourth  Essex 
and  the  Middlesex  and  P^ssex  senatorial  districts  shall 
constitute  a  district,  to  be  known  as  the  Fifth  Councillor 
District. 

Section  17.  The  fifth  Essex  and  the  fourth,  fifth,  sixth 
and  seventh  Middlesex  senatorial  districts  shall  constitute 
a  district,  to  be  known  as  the  Sixth  Councillor  District. 


Acts,  1896.  — Chap.  509.  511 

Section  18.     The  first,  second,  third,  fourth  and  fifth  seventh 
Worcester  senatorial  districts  shall  constitute  a  district, 
to  1)6  known  as  the  Seventh  Councillor  District. 

Section    19.     The    Berkshire,   Berkshire  and  Hamp-  Eighth Disirict. 
shire,    Franklin    and   Hampshire    and   first    and   second 
Hampden   senatorial  districts  shall  constitute  a  district, 
to  1)6  known  as  the  Eighth  Councillor  District. 

Section  20.     In  case  a  new  election  is  ordered  dur-  Eiectionsdunng 
ing  the  present  political  year  to  fill  any  vacancy  in  the  year!"'  p"'"'""' 
council,  said  election  shall  be  held  in  the  district  which 
elected  the  councillor  whose  place  is  vacant,  as  the  same 
existed  prior  to  the  passage  of  this  act. 


APPORTIONMENT  OF  REPRESENTATIVES. 


rionment 
represenia- 


Section  21.     The  two  hundred  and  forty  members  of  Apport 

.         ,  ,  ^  or  repre 

the  house  or  representatives  are  hereby  apportioned  to  tives  to  the  sev- 
the  several  counties,  agreeably  to  the  provisions  of  the  ^^'^ 
constitution,  until  the  next  decennial  apportignment, 
as  follows: — To  the  county  of  Barnstable,  three  repre- 
sentatives ;  to  the  county  of  Berkshire,  nine  representa- 
tives;  to  the  county  of  Bristol,  eighteen  representatives; 
to  the  county  of  Dukes  County,  one  representative ;  to 
the  county  of  Essex,  thirty-three  representatives ;  to  the 
county  of  Franklin,  four  representatives ;  to  the  county 
of  Hann)den,  thirteen  representatives ;  to  the  county  of 
Hampshire,  five  representatives;  to  the  county  of  Middle- 
sex, forty-seven  representatives ;  to  the  county  of  Nan- 
tucket, one  r6})resentative ;  to  the  county  of  Norfolk 
(excluding  therefrom  the  town  of  Cohasset),  thirteen 
representatives ;  to  the  county  of  Plymouth  (including, 
in  addition,  the  town  of  Cohasset),  twelve  representa- 
tives ;  to  the  county  of  Suffolk,  fifty-three  representatives  ; 
to  the  county  of  Worcester,  twenty-eight  representa- 
tives. 

Section  22.     In  case  a  new  election  is  ordered  during  EiectioDBduring 
the  present  political  year  to  fill  any  vacancy  in  the  house  year. 
of  representatives,  said  election  shall  be  held  in  the  dis- 
trict   w^hich    elected   the   representative   whose    place    is 
vacant,  as  the  same  existed  prior  to  the  passage  of  this 
act. 

Section  23.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1896. 


512 


Acts,  1896.  — Chap.  510. 


Chcip.510       An  Act  to  incorporate  the  mt.  tom  railroad  company. 


Mt.  Tom  Rail- 
road Company 
incorporated. 


May  construct  a 
railroad,  erect  a 
hotel,  etc. 


Motive  power, 
etc. 


Capital  Btock. 


May  issue 
bonds. 


Be  it  enacted,  etc.,  as  foUoivs : 

Sectiox  1.  William  S.  Loomis,  John  Olmsted,  Aus- 
tin E.  Smith,  William  11.  Hill,  Dwiaht  H.  Ires,  Lyman 
M.  Tuttle,  Robert  B.  Johnson,  John  G.  Mackintosh, 
Newrie  D.  Winter,  Frederick  Harris,  Jereuwah  F.  Sulli- 
van, Henry  E.  Gaylord  and  Henry  O.  Hastings,  their 
associates  and  successors,  are  hereb}'  made  a  corporation 
under  the  name  of  the  Mt,  Tom  Railroad  Company,  with 
all  the  power  and  privileges  and  subject  to  all  the  duties, 
conditions  and  restrictions  set  forth  in  all  general  laws 
that  now  are  or  may  hereafter  l)e  in  force  relating  to 
manufacturing  and  other  corporations,  as  set  forth  in 
chapter  one  hundred  and  six  of  the  Public  Statutes,  ex- 
cept as  hereinafter  provided. 

Section  2.  Said  company  is  hereby  authorized  to 
construct  and  operate  a  railroad  over  land  l)elonging  or 
leased  to  said  company,  from  a  point  at  the  foot  of  ]\lount 
Tom,  between  Mount  Tom  and  Little  Mountain,  so-called, 
in  the  city  of  Northampton,  to  a  point  at  or  near  the  top 
of  said  Mount  Tom  ;  to  purchase  or  lease  land  at  the  ter- 
mini of  its  route  and  along  its  route,  and  to  erect  and 
maintain  Iniildings  thereon,  including  a  hotel  and  other 
buildings  for  amusement  and  entertainment. 

Section  3.  Said  railroad  may  be  operated  by  any 
motive  jiower,  and  said  company  is  hereby  authorized 
to  make,  with  any  other  corporation,  such  leases  or  con- 
tracts for  operating  said  railroad  as  the  directors  of  such 
other  corporation  may  agree  to  and  as  may  be  approved 
by  the  majority  in  interest  of  the  stockholders  of  each 
corporation  at  a  meeting  duly  called  for  that  purpose. 
Said  company  is  hereby  authorized  to  make  such  lease  or 
leases  with  the  Holyoke  Street  Railway  Companj^ 

Section  4.  The  capital  stock  of  said  company  shall 
not  exceed  one  hundred  thousand  dollars,  except  that 
said  company  may  increase  its  capital  stock,  sul)ject  to 
the  provisions  of  all  general  laws  relating  to  the  increase 
of  capital  stock  of  railroad  corporations. 

Section  5.  Said  company  may  from  time  to  time  by 
the  vote  of  a  majority  in  interest  of  the  stockholders,  issue 
coupon  or  registered  Ijonds  not  exceeding  one  hundred 
thousand  dollars,  for  a  term  not  exceeding  twenty  years 


Acts,  1896.  — Chap.  511.  .        513 

from  the  date  thereof:  provided,  that  no  issue  of  bonds  Proviso, 
shall  be  made  unless  there  shall  have  been  actually  paid 
in  an  amount  of  the  capital  stock  equal  to  the  amount  of 
such  issue.  To  secure  the  payment  of  such  bonds  with 
interest  thereon  the  said  company  may  make  a  mortgaije 
of  its  road,  franchise  and  any  other  part  of  its  property, 
and  may  include  in  such  mortgage  property  thereafter  to 
be  acquired,  and  may  therein  reserve  to  its  directors  the 
right  to  sell  or  otherwise  in  due  course  of  business  dis- 
pose of  property  included  therein  which  may  have  become 
worn,  damaged  or  unsuitable  for  use  in  the  operation  of 
its  road,  provided  an  equivalent  in  value  is  substituted 
therefor  ;  and  all  l)onds  issued  shall  lirst  be  approved  by 
some  person  appointed  l\y  the  company  for  that  purpose, 
who  shall  certify  upon  each  bond  that  it  is  properly  issued 
and  recorded. 

Section  6.     All  stock  and  l)onds  authorized  by  this  issue,  etc.,  of 
act  shall  be  issued  and  disposed  of  in  accordance  with  the  bMds^" 
provisions  of  all  general  laws  relating  to    the    issue  of 
stocks  and  bonds  by  railroad  corporations. 

Section  7.     Said  company  shall  be  exempt  from  all  To  be  exempt 

T-,  •^  n  /»i  from  certain 

general  laws  as  to  mileage  or  tares  tor  the  carrying  of  general  laws. 
passengers  on  its  road. 

Section  8.     The  provisions  of  this  act  shall  be  void  if  ^"ucted  ^etc°°' 
the  said  company  shall  not  have  constructed  and  operated  ?,"  "f  i^e'fore ' 
said  road  on  or  before  the  first  day  of  May  in  the  year 
eighteen  hundred  and  ninety-nine. 

Approved  June  6,  1896. 


An  Act  to  authorize  the  Worcester  and  Shrewsbury  street  rii         r-i  -i 

RAILWAY  COMPANY  AND   THE  WORCESTER  AND  SHREWSBURY  RAIL-  ^  ' 

KOAD   COMPANY  TO   LEASE   THEIR  PROPERTY   TO   THE   WORCESTER 
CONSOLIDATED  STREET  RAILWAY  COMPANY. 

Be  it  enacted,  etc.,  as  foUotvs  : 

The  Worcester  and  Shrewsbury  Street  Railway  Com-  The  Worcester 
pany  and  the  Worcester  and  Shrewsbury  Railroad  Com-  s^rl^ft^RaTrway^' 
pany  are  hereby  authorized  severally  to  lease  their  rail-  S,°e°\vo°rce8°e'l 
ways,   franchises  and  other  i)roperty  to   the   Worcester  and  Shrewsbury 
Consolidated   Street    Railway  Company,  for  a  term  not  p^ny  may  lease 
exceeding  ninety-nine  years  from  the  date  of  said  lease,  \.^^]'^  ^^^  ^^y^' 
and  the  AVorcester  Consolidated  Street  Railway  Company 
is  hereby  authorized  to  accept  such  leases.     Said  leases 
shall  be  upon  such  terms  and  conditions,  includino-  rates 


514  Acts,  1896.  — Chaps.  512,  513. 

of  fare,  as  the  directors  and  stockholders  of  the  respective 
corporations  shall  agree  upon,  subject  to  the  approval  of 
the  board  of  railroad  commissioners,  according  to  the 
provisions  of  chapter  five  hundred  and  six  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-four. 

Approved  June  6,  1896. 

CJl(lV.5V2  ^^  ^^'^  MAKING   AN   APPROPRIATION   FOR   SALARIES   AND   EXPENSES 
AT   THE   STATE  NORMAL   SCHOOL   AT   NORTH   ADAMS. 

Be  it  enacted^  etc.,  as  folio  ivs : 
^"o^mai^schooi        Section  1.     A  sum  not  exceeding  six  thousand  dollars 
Adams.  is  hercliy  appropriated,  to  be  paid  out  of  the  moiety  of 

the  income  of  the  Massachusetts  School  Fund  applicable 
to  educational  purposes,  and  the  excess,  if  any,  from  the 
treasury  of  the  Commonwealth,  for  the  payment  of  sal- 
aries and  expenses  at  the  state  normal  school  at  North 
Adams,  during  the  year  ending  on  the  thirty-first  day  of 
December  in  the  year  eighteen  hundred  and  ninety-six. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  6,  1896. 

ChCt7).5\S  ^^     ^^'^    '^•^     PROVIDE    FOR    AIDING   TOWNS   IN   THE   CONSTRUCTION 
AND   MAINTENANCE   OF   BETTER   ROADS. 

Be  it  enacted,  etc.,  as  follows: 
Road  machines        SECTION  1.     Upou  the  application  to  tlic  Massacliusetts 

to  be  furnished     ,   .     ,  .       .'■  ^     ,  .       . 

at  the  expense  highway  coiumissioii  01  tlic  couuty  conmnssioners  or  any 
monweaithfor  couutv,  made  at  the  request  of  any  town  of  not  more  than 
t'owis.'^etc?'"  twelve  thousand  inhabitants  within  said  county,  there  shall 
be  furnished  by  said  highway  commission  to  said  county, 
at  the  expense  of  the  Commonwealth,  one  or  more  steam 
rollers,  portable  stone  crushers  and  such  other  road  ma- 
chines as  the  said  highway  commission  may  deem  neces- 
sary for  the  construction  and  maintenance  of  better  roads 
in  the  town  making  such  request.  Such  machines  shall 
remain  the  property  of  the  Commonwealth  and  shall  be 
managed  and  maintained  under  the  direction  of  the  county 
commissioners.  The  county  comjnissioners  shall  engage 
competent  engineers  and  skilled  mechanics  to  operate  said 
machines,  who  shall  be  paid  from  the  county  treasury 
such  sums  for  each  day's  actual  services  as  the  county 
commissioners  may  determine.  The  expenses  so  incurred 
shall  be  repaid  to  the  county  by  the  towns  using  said  ma- 


Acts,  1896.  — Chap.  514.  515 

chines,  as  apportioned  by  the  county  commissioners,  in 
proportion  to  the  time  in  which  such  machines  were  used 
by  them. 

Section  2.     Chapter  four  hundred  and  eighty-six  of  Repeal. 
the  acts  of  the  year  eighteen  hundred  and  ninety-live  is 
hereby  repealed. 

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

Approved  June  6,  1896. 


An  Act  relative  to  releases  from  the  parental  school  of  QIiqy)  514 
the  city  of  boston.  "' 

Be  it  enacted,  etc.,  as  folio u: s : 

Section  1.     The  institutions  commissioner  of  the  city  Releases  of 
of  Bo.ston,  with  the   approval  of  the  superintendent  of  the  Parental 
schools  of  said  city,  and  of  a  justice  of  the  court  which  Bo^ton.°^ 
imposed  the  sentence,  may  at  any  time  permit  any  child 
now  or  hereafter  committed  to  the  Parental  School  of  said 
city  to  be  at  liberty  upon  such  terms  and  conditions  as 
said  superintendent  of  schools  and  said  institutions  com- 
missioner shall  together  deem  best. 

Section  2.     If  any  child  who  is  permitted  to  be  at  ^'e'™"'^  P'^y  ^® 

,.,  -Ill  1  T  •  ■    -I  revoked  m 

liberty,  as  provided  by  the  preceding  section,  violates,  certain  cases. 
in  the  opinion  of  said  superintendent  of  schools  and  said 
institutions  commissioner,  the  terms  and  conditions  of 
his  release  so  that  he  is  in  their  judgment  a  fit  subject  to 
be  returned  to  said  Parental  School,  said  institutions  com- 
missioner, at  any  time  previous  to  the  expiration  of  the 
term  for  which  such  child  shall  have  been  committed  to 
said  Parental  School,  may  revoke  such  permit. 

Section  3.  Said  commissioner,  when  any  such  per-  Arrest  and 
mit  to  a  child  has  been  revoked,  shall  issue  an  order  chud?en. 
directed  to  a  truant  officer  or  police  officer  of  said  city  to 
arrest  such  child  and  return  him  to  said  Parental  School ; 
and  any  such  officer  holding  said  order  shall  arrest  such 
child  and  return  him  to  said  Parental  School,  where  he 
may  thereupon  be  held,  subject  to  the  provisions  of  this 
act,  for  the  unexpired  portion  of  the  term  of  the  original 
sentence.  All  costs  and  expenses  incurred  by  such  officer 
in  the  arrest  and  return  of  such  child  to  said  school  shall 
be  paid  to  said  officer  by  the  city  of  Boston,  when  ap- 
proved by  a  justice  of  the  court  which  imposed  the  sen- 
tence. 


516 

Repeal. 


Acts,  1896.  — Chap.  515. 

Section  4.  All  acts  and  parts  of  acts  so  far  as  they 
are  inconsistent  with  the  provisions  of  this  act  are  herebj^ 
repealed. 

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

Approved  June  6,  1896. 


Cha2).515 


The  words 
"  AsBessment 
Plan  "  to  be 
printed  in  cer- 
tain policies, 
etc. 


Persons  failing 
to  pay  assess- 
ments to  be  noti- 
fied, etc. 


Commission 
may  be  ap- 
pointed to 
investigate 
management, 
etc. 


An  Act  kelative  to  assessment  insurance  corporations. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Hereafter  in  every  policy  or  certificate 
issued  to  a  resident  of  Massachusetts  1)V  any  corporation 
transacting  therein  the  business  of  life  insurance  upon  the 
assessment  plan,  and  in  every  application  for  such  policy 
or  certificate,  there  shall  be  printed  in  bold  type,  making 
one  of  the  principal  lines  near  the  top  thereof,  the  words 
*'  Assessment  Plan  ",  and  the  same  Avords  shall  be  printed 
conspicuously  in  or  upon  every  circular,  card,  advertise- 
ment and  printed  document  issued  by  such  corporation 
within  this  Commonwealth. 

Section  2.  At  the  expiration  of  the  time  for  payment 
stated  in  each  call  or  notice  of  an  assessment  for  mortuary, 
disal)ility  or  expense  purposes,  made  by  any  corporation 
referred  to  in  the  preceding  section,  the  officers  of  such 
corporations  shall  at  once  forward  hy  registered  mail  to 
each  person  who  has  failed  to  make  the  payment  de- 
manded, a  notification  of  such  failure,  and  if  within  fifteen 
days  after  the  receipt  of  such  notification,  as  shown  by  the 
date  upon  the  return  card,  the  insured  shall  make  payment 
of  such  call  or  assessment,  with  the  additional  amount  of 
fifty  cents,  such  policy  or  certificate  shall  be  continued  in 
force  the  same  as  if  payment  had  been  made  under  the 
terms  of  the  original  call  or  assessment. 

Section  .3.  Whenever  a  petition  signed  by  not  less 
than  one  tenth  of  the  holders  residing  in  Massachusetts, 
of  policies  or  certificates  outstanding  upon  the  thirty-first 
day  of  December  next  preceding  the  date  of  the  petition, 
as  shown  by  the  annual  statement  of  said  company  to  the 
insurance  commissioner,  of  any  domestic  assessment  in- 
surance company  or  association  doing  business  under 
chapter  four  hundred  and  twenty-one  of  the  acts  of  the 
year  eighteen  hundred  and  ninety  and  acts  in  amendment 
thereof,  shall  be  presented  to  the  governor  asking  for  an 
investigation  of  the  management,  l)usiness  and  affairs  of 
said  company  or  association,  the  governor  shall,  by  and 


Acts,  1896.  — Chap.  515.  517 

with  the  consent  of  the  council,  appoint  a  commission  of 
not  less  than  three  nor  more  than  seven  policy  or  certili- 
cate  holders  of  said  company,  who  shall  be  residents  of 
this  Commonwealth,  none  of  whom  shall  be  an  officer, 
director,  agent  or  employee  of  any  life  insurance  company 
or  assessment  association.     Said  commission  shall  forth- To  inspect  and 
with  proceed  thoroughly  tq  inspect  and  examine  the  affairs  of  company, 
of  said  company,  especially  as  to  its  financial  condition 
and  ability  to  fulfil   its  obligations,  and  whether  it  has 
complied    with    the    laws    of   this    Commonwealth,    and 
whether  the  officers  thereof  have  been  guilty  of  any  fraudu- 
lent or  unlawful  conduct  in  the  management  of  its  affiiirs. 
For  the  purposes  of  such  investigation  said  commission  May  employ 
shall  have  the  power  to  employ  all  necessary  agents,  ex-  agentsfetc. 
aminers,  experts  and  counsel,  but  shall  not  so  employ  any 
person  who  is  an  officer,  director,  agent  or  employee  of 
any  other  life  insurance  company  or  assessment  associa- 
tion.    For  the  purpose  of  such  examination  the  commis-  To  have  free 
sion,  or  persons  making  the  examination  for  them,  shall  pap^eM.etc""  ^' 
have  free  access  to  all  books,  papers  and  contracts  of  said 
company,  or  which  relate  to  its  business,  and  may  sum- 
mon and  qualify  as  witnesses  under  oath,  and  examine,  the 
directors,  officers,  agents  and  trustees  of  such  company 
or  association,  and  any  other  persons,  in  relation  to  its 
business,  its  present  and  past  affairs,  transactions  and  con- 
dition.    Any  justice  of  the  supreme  judicial  court  or  of  Attendance  of 
the  superior  court,  either  in  term  time  or  vacation,  upon 
the  application  of  the  commission,  may  in  his  discretion 
compel  the  attendance  of  such  witnesses  and  the  giving  of 
testimony  before  the  commission,  in  the  same  manner  and 
to  the  same  extent  as  before  said  courts.    The  reasonable  compensation 
compensation  of  and  expenses  incurred  1>y  such  commis-  of^commission, 
sion    for    such  examination,    including   the    payment    of 
expenses  and  compensation  of  all  persons  employed  by 
said  commission,  shall  be  paid  ])y  the  company  or  asso- 
ciation, after  the  same  have  been  first  approved  by  the 
governor  and  council.     The  report  of  such  commission  Report,  etc. 
shall  l)e  made  to  the  governor  and  council  as  soon  as  pos- 
sible, and  so  much  thereof  as  the  governor  and  council 
may  deem  proper  shall  be  printed  in  the  next  annual  re- 
port of  the  insurance  commissioner ;  and  if  the  governor 
and  council  deem  it  advisal^le  a  copy  of  said  report  or  any 
portions  thereof  shall  be  sent  by  the  officers  of  said  com- 
pany or  association  to  each  policy  holder  thereof.    In  any 


518 


Acts,  1896.  — Chap.  515. 


Contract  of 
transfer  or  re- 
inBuranee  to  be 
approved,  etc. 


Medical 
examination. 


Penalty. 


1890,  421,  §  13, 
amended. 


Corporations 
conducting 
business  fraudu 
lently,  etc  ,  to 
be  proceeded 
against. 


year  when  such  examination  is  made  by  such  commission 
the  insurance  commissioner  shall  not  l)c  required  to  make 
an  examination  of  said  company,  unless  he  deems  the  in- 
terest of  the  public  and  policy  holders  so  require. 

Section  4.  No  corporation  shall  transfer  its  risks  to  or 
reinsure  them  in  any  corporation,  company  or  association 
doino^  l)usiness  under  the  provij?ions  of  chapter  four  hun- 
dred and  twenty-one  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety  and  acts  in  amendment  thereof,  unless  the 
said  contract  of  transfer  or  reinsurance  is  first  sul)mitted 
to  and  approved  by  a  two  thirds  vote  of  the  policy  holders 
of  each  corporation  present  at  meetings  called  to  consider 
the  same,  of  which  meetings  written  or  printed  notice 
shall  ])e  mailed  to  each  policy  or  certificate  holder  at  least 
thirty  days  before  the  date  fixed  for  said  meeting,  and 
unless  the  said  contract  of  transfer  or  reinsurance  is  first 
submitted  to  and  approved  by  the  insurance  commissioner. 

Section  5.  No  corporation,  except  a  corporation  en- 
gaged in  the  business  of  accident  insurance,  transacting 
the  business  of  life  insurance  upon  the  assessment  plan, 
shall  enter  into  any  contract  of  insurance  upon  lives 
within  this  Commonwealth  without  having  previously 
made,  or  caused  to  1)e  made,  a  prescribed  medical  exami- 
nation of  the  insured  by  a  registered  medical  practitioner. 
Any  assessment  insurance  company  violating  the  provi- 
sions of  this  section,  or  any  officer,  agent  or  other  person 
soliciting  or  eft'ecting  or  attempting  to  effect  a  contract  of 
insurance  contrary  to  the  provisions  hereof  shall  ])e  deemed 
guilty  of  misdemeanor,  and  shall  be  punished  by  a  fine  not 
exceeding  one  hundred  dollars  for  each  offence. 

Section  6.  Section  thirteen  of  chapter  four  hundred 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety  is  herel)y  amended  by  striking  out  the  whole 
of  said  section  and  inserting  in  place  thereof  the  follow- 
ing :  —  Section  13.  When  the  insurance  commissioner, 
or  a  commission  appointed  by  the  governor  upon  petition 
of  policy  holders,  on  investigation  are  satisfied  that  any 
such  corporation,  company  or  association  has  exceeded 
its  powers,  or  has  failed  to  comply  with  any  provisions 
of  law,  or  has  conducted  lousiness  fraudulently,  or  that 
its  condition  is  such  as  to  render  its  further  proceedings 
hazardous  to  the  public  or  to  its  policy  holders,  they  shall 
report  the  facts  to  the  attorney-general,  who  may  there- 
upon apply  to  a  justice  of  the  suprem^judicial  or  superior 


Acts,  1896.  — Chap.  515.  519 

court  for  an  injunction  restraining  such  corporation, 
company  or  association  in  wliole  or  in  part  from  the 
further  prosecution  of  business.  Such  justice  may  in 
his  discretion  issue  an  injunction  forthAvith,  or  upon 
notice  and  hearing  thereon  may  issue  such  injunction  or 
decree  for  the  removal  of  any  oificer  of  said  corporation, 
company  or  association,  and  substitute  a  suitable  person 
to  serve  in  his  stead  until  a  successor  is  chosen,  and 
after  a  full  hearing  on  the  matter  may  dissolve  or  modify 
such  injunction  or  make  it  perpetual,  and  make  such 
further  orders  and  decrees  as  the  interests  of  the  cor- 
poration, company  or  association,  the  policy  holders  and 
the  public  may  require  ;  and  may  appoint  a  receiver  to 
take  possejfision  of  the  property  and  effects  of  the  cor- 
poration, company  or  association,  and  to  settle  its  affairs, 
subject  to  such  rules  and  orders  as  the  court  may  from 
time  to  time  prescribe,  according  to  the  course  of  pro- 
ceedings in  equity.  No  order,  judgment  or  decree 
appointing  a  tem})orary  or  permanent  receiver  of  any 
domestic  corporation,  company  or  association  doing  busi- 
ness under  the  provisions  of  this  act  shall  be  made  or 
granted  otherwise  than  upon  the  application  of  the  attor- 
ney-general, on  his  own  motion,  or  at  the  relation  of 
said  insurance  commissioner,  or  said  commission  ap- 
pointed l)y  the  governor,  upon  petition  of  policy  holders, 
except  in  an  action  by  a  judgment  creditor,  or  in  proceed- 
ings supplementary  to  an  execution. 

Section   7.     Section  twenty  of  chapter  four  hundred  etc^'amended 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety,    as   amended  by  chapter  two   hundred    and 
sixty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-five,   is  hereby  amended  by  striking  out  all  of  said 
section   and  inserting  in  place  thereof  the  following :  — 
Section    20.      No    corporation,    company    or   association  Not  to  issue 
doing  l)usiness  under  this  act  shall  issue  a  certificate  or  of personmore* 
policy  upon  the  life  of  any  person  more  than  sixty  years  oUgej^eu/'^'*'^^ 
of  age ;    nor   ujion  a  life  in  which  the  beneficiary  named 
has  no  interest :  j^^ovided,  hoirever,  that  such  corporations  Provisos. 
which   insure  against  accident  only  may  issue  policies  or 
certificates  on  the  lives  of  persons  not  over  seventy  years 
of  age.      Every  call  for  payments  by  the  policy  or  cer- 
tificate   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  ;  provided,  hoioever. 


520 


Acts,  1896.  — Chap.  516. 


Form  of  policy, 
etc.,  to  be  ap- 
proved by 
insurance  com- 
missiODer. 


Not  to  apply  to 
fraternal  bene- 
ficiary asBO- 
ciations. 

Not  to  apply  to 
certain  com- 
panies, etc. 


When  to  take 
effect. 


that  no  portion  of  assessments  called  for  mortuary  or 
disability  purposes  shall  be  used  for  expenses  Avithout 
the  consent  and  approval  in  writing  of  the  insurance 
commissioner.  No  call  in  excess  of  the  last  prior  call 
shall  be  made  without  the  consent  and  approval  in  w^rit- 
ing  of  the  insurance  commissioner,  a  copy  of  which  con- 
sent and  approval  shall  be  duly  sent  to  each  policy  or 
certificate  holder  upon  whom  such  call  is  made. 

Section  8 .  No  policy  or  certificate  of  insurance  shall 
be  issued  by  any  corporation,  company  or  association 
transacting  the  business  of  life  insurance  upon  the  assess- 
ment plan  under  the  provisions  of  chapter  four  hundred 
and  twenty-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety  and  acts  in  amendment  thereof,  except  in  such 
form  as  shall  be  first  approved  by  the  insurance  commis- 
sioner. 

Section  9.  The  provisions  of  this  act  shall  not  apply 
to  fraternal  beneficiary  associations  transacting  business 
in  this  Commonw^ealth. 

Section  10.  The  provisions  of  this  act  shall  not  apply 
to  associations  or  companies  transacting  only  an  accident 
or  casualty  business  upon  the  assessment  plan. 

Section  11.  This  act  shall  take  efi'ect  upon  its  pas- 
sage :  provided,  Jiowever,  that  the  provisions  of  section 
one  shall  not  take  ettect  until  the  first  day  of  July  in  the 
year  eighteen  hundred  and  ninety-six. 

Approved  June  6,  1896. 


ChciT).51G  ^^  '^^^  ^*^  PROVIDE  FOR  A  UNION  STATION  FOR  PASSENGERS  ON  RAIL- 
ROADS ENTERING  THE  SOUTHERLY  PART  OF  THE  CITY  OF   BOSTON. 


The  Boston 
Terminal  Com- 
pany incor- 
porated. 


Capital  Btock. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Charles  F.  Choate,  William  Bliss,  Wil- 
liam T.  Hart,  Royal  C.  Taft,  and  Charles  P.  Clark,  their 
associates  and  successors,  are  hereby  make  a  corporation 
by  the  name  of  The  Boston  Terminal  Company,  with 
power  to  construct  and  maintain  a  union  passenger  station 
in  the  southerly  part  of  the  city  of  Boston,  and  to  pro- 
vide and  operate  adequate  terminal  fiicilities  for  the  sev- 
eral railroad  companies  hereinafter  authorized  to  hold  the 
stock  of  said  terminal  company,  and  for  the  accommoda- 
tion of  the  public  in  connection  therewith. 

Section  2.  The  capital  stock  of  said  corporation  shall 
be  five  hundred  thousand  dollars,  and  the  Boston  and 


Acts,  1896.  — Chap.  516.  521 

Albany  Railroad  Company,  the  New  England  Railroad 
Company,  the  Boston  and  Providence  Railroad  Corpora- 
tion, the  Old  Colony  Railroad  Company,  and  the  New 
York,  New  Haven  and  Hartford  Railroad  Company,  being 
lessee  of  the  Old  Colony  Railroad  Company,  may  each 
subscribe  for  and  hold  one  hfth  portion  of  the  said  capi- 
tal stock.  The  corporation  may  ])y  l)y-laws  regulate  the 
terms  and  conditions  upon  which  its  stock  may  be  trans- 
ferred. All  said  capital  stock  shall  be  paid  in  in  cash  by 
said  railroad  companies  liefore  the  corporation  takes  any 
land  under  the  provisions  of  this  act. 

Section  3.     The  immediate  government  and  direction  Board  of  trua- 
of  the  aftairs  of  said  terminal  company  shall  be  vested  in  mentrefc?"' 
a  board  of  live  trustees,  to  be  appointed  at  once  on  the 
organization    of  said  company,    one   of  whom    shall  be 
appointed  hy  each  of  said  railroad  corporations  from  its 
directors,  to  hold  office  as  such  trustee  at  the  pleasure  of 
the  corporation  by  whom  he  is  so  appointed ;  any  vacancy 
to  be  filled  in  like  manner.     The  trustees  shall  elect  one  To  elect  certain 
of  their  numlier  to  be  chairman,  and  may  elect  another  to  °®*=^'"*' *^'°- 
be  vice  chairman,  and  shall  choose  a  clerk  who  shall  be 
sworn,  and  a  treasurer  who  shall  give  bond  in  the  sum 
required   by  the   by-laws,   with   surety,    for  the   faithful 
discharge  of  his  duties. 

Section  4.      Said  terminal  company,  to  provide  means  May  issue 
to  carry  out  the  purposes  of  this  act,  may  from  time  to  ^°°*^*' 
time  issue  coupon  or  registered  bonds,  in  sums  of  not 
less  than  one  hundred  dollars  each,  payable  at  periods 
not  exceeding  one  hundred  years  from  the  date  thereof, 
bearing  interest  not  exceeding  four  per  cent,  per  annum, 
payable  annually,  semi-annually,  or  quarterly,  to  such  an 
amount  as  may  be  necessary  and  as  may  be  approved  by 
the  board  of  railroad  commissioners.     No  bonds  shall  l)e  Bonds  to  be 
issued  unless  approved  in  writing  l)y  at  least  three  of  the  ^pp"'"^^'^-  ®'•'• 
trustees  of  the  corporation.     Said  corporation  may  mort- 
gage or  pledge  as  security  for  the  payment  of  such  bonds 
or  of  any  bonds  given  in  renewal  thereof,  a  part  or  all  of 
its  real  estate  and  other  property.     In  case  any  mortgage  Railroad  com- 
made  to  secure  l)onds  issued  by  the  terminal   company  uabirfor  clr- 
under  the  provisions  of  this  act  shall  be  foreclosed,  and  '?'"  deficien- 

1-1-1*  •■^  ClGflj  QIC* 

there  shall  not  be  thereby  realized  a  sum  sufficient  to  pay 
all  the  then  outstandinsr  bonds  secured  l)v  said  morteaire, 
said  railroad  companies  shall  be  held  liable  to  pay  any 
deficiency  in  the  amount  recjuired  to  pay  all  of  said  bonds 


522 


Acts,  1896.  — Chap.  516. 


May  take 
certain  land. 


Provisos. 


and  the  interest  thereon  in  such  proportions  as  may  be 
just  and  equital)le,  having  regard  to  the  use  which  they 
or  their  lessees  may  have  respectively  had  of  the  mort- 
gaged property ;  and  the  supreme  judicial  court  shall 
have  jurisdiction  in  equity  to  determine  such  proportions 
and  to  compel  such  payments  to  be  made,  so  that  the  full 
payment  of  the  principal  and  interest  of  l)onds  issued 
under  the  provisions  of  this  act  l)y  the  terminal  company 
shall  not  in  any  event  fail.  Any  such  mortgage  shall  be 
made  to  a  trustee  or  trustees  approved  in  writing  Ijy  the 
board  of  savings  banks  commissioners,  and  savings  banks 
and  institutions  for  savings  may  invest  in  such  bonds 
when  so  secured. 

Section  5.  Said  terminal  company  may  purchase  or 
otherwise  take  in  fee  the  whole  or  any  part  of  the  land 
in  the  city  of  Boston  within  the  following  limits,  that  is 
to  say: — Beginning  at  the  easterly  corner  of  Atlantic 
avenue  and  a  way  called  Summer  street,  thence  bounded 
by  the  northerly  line  of  said  way  extended  to  Fort  Point 
channel ;  thence  by  said  channel  to  Broadway  ;  thence  l)y 
Broadway  to  the  westerly  line  of  Lehigh  street ;  thence 
by  the  westerly  line  of  Lehigh  street  and  by  South  street, 
Kneeland  street  and  the  westerly  line  of  Cove  street 
extended  to  Federal  street ;  thence  l)y  the  westerly  line  of 
Federal  street  to  Summer  street,  and  thence  across  public 
ways  to  the  point  of  beginning  ;  and  may  discontinue  and 
occupy  for  its  purposes  all  streets  and  rights  of  way  em- 
braced within  the  land  so  acquired:  ^;>"0ivV?ef?,  however, 
that  no  land  belonging  to  the  Boston  and  Albany  Kailroad 
Company  or  to  the  Old  Colony  Railroad  Company  shall 
be  taken  l\y  said  terminal  company  without  the  consent 
of  the  directors  of  ])oth  of  said  railroad  companies ;  and 
iwovided,,  further ,  that  the  portion  of  Federal  street  to  l)e 
discontinued  under  the  provisions  of  this  act  shall  not  be 
closed  to  travel  prior  to  the  completion  of  the  extension 
of  Summer  street  and  the  extension  of  Dorchester  avenue 
hereinafter  provided  for,  and  the  opening  of  the  same  to 
travel,  unless  a  temporary  provision  for  the  travel  over 
such  portion  of  Federal  street,  so  that  the  travel  shall  not 
l)e  interrupted,  is  provided  for  in  some  manner  approved 
by  the  mayor,  such  temporary  accommodation  to  continue 
until  the  completion  of  said  Dorchester  avenue  and  Sum- 
mer street,  and  provided,  further,  that  if  said  terminal 
company  shall  take  for  the  purpose  of  this  act  any  part 


Acts,  1896.  — Chap.  516.  523 

of  the  land  within  the  limits  before  described,  owned  by 
the  Boston  Gas  Light  Company,  it  shall  take  the  whole 
of  the  land  owned  by  said  Boston  Gas  Light  Company 
within  said  limits. 

Section  6.     Said  terminal  company,  npon  the  passaoe  company  to 

-,.  iii/.,i-,i  •  1,1  ji        organize;  plane, 

of  this  act,  shall  forthwith  organize,  and  thereupon  the  etc..  for  con- 
trustees  thereof  shall  at  once  prepare  plans  and  speci-  union  passen^'ger 
fications  for  the  construction  of  a  union  passenger  station  p"epa?ed,etc. 
upon  land  herein-above  authorized  to  l)e  taken,  adequate 
for  the  Ijusiness  to  be  accommodated,  and  of  such  con- 
struction as  may  be  l)est  adapted  for  the  accommodation 
of  the  companies  and  of  the  public,  exhibiting  its  form, 
dimensions  of  walls,  rooms  and  partitions,  and  arrange- 
ments,  and  its  location  with  reference  to  the   adjacent 
streets  and  to  the  tracks  of  all  said  railroad  companies 
located  or  proposed  to  be  located  in  the  vicinity  thereof, 
and  any  projections  over  adjacent  streets,  so  far  as  prac- 
ticable, and  shall  submit  said  plans  when  completed  to 
the  mayor  of  Boston  for  his  approval,  who  shall  forth- 
with approve  or  disapprove  them  in  writing.     The  trus-  pianetobe 
tees  shall  then  at  once  submit  said  plans  to  the  board  of  rruroldcom- 
railroad  commissioners  for  its  approval,  and  said  board,  i^issioners, etc. 
after  notice   to  the  railroad  companies  and  to  the  mayor 
of  Boston,   and  a   hearing,   shall  aj^prove  the  plans,   or 
order  such  changes  thereof  as  in  their  judgment  the  safety 
and  convenience  of  the  public  and  the  interests  of  all  said 
railroad  companies  require.     Said  station  shall  l)e  con- 
structed by  the  terminal  company  according  to  the  plans 
thus  approved  by  the  board  of  railroad  commissioners, 
or  as  the  same  may  ])e  changed,  as  hereinafter  provided. 
The  supreme  judicial  court,  or  any  justice  thereof,  shall 
have  jurisdiction  in  equity  to  enforce  the  provisions  of 
this  section. 

Sectiox    7.       Said    terminal    company,    within    three  Location  of 
months  after  the  plans  of  said  union  station  are  approved  fiied%tc.^ 
as  aliove-provided,  shall  tile  in  the  registry  of  deeds  for 
the   county   of  Suffolk  a   location  of  the  lands   herel)y 
authorized  to  be  taken  by  it,  or  of  such  part  thereof  as  it 
then  deems  it  necessary  to  acquire,  and  shall  proceed  with 
all  reasonable  diligence  to  the  construction  and  comple- 
tion of  such  union  passenger  station   according  to  said 
plans.      But  the  trustees  of  the  terminal  company  may  Trustees  may 
from  time  to  time  propose  to  the  mayor  of  Boston  any  fn  p'lans.^et^c"^^* 
changes    in    said    plans,   and  the  mayor  shall  forthwith 


524  Acts,  1896.  — Chap.  516. 

approve  or  disapprove  such  changes  in  writing,  and  the 
trustees  shall  then  at  once  submit  such  changes  to  the 
board  of  railroad  commissioners,  who,  after  notice  to  the 
mayor  and  to  the  railroad  companies,  and  a  hearing,  shall 
approve  the  same,  or  order  such  moditications  thereof  as 
in  their  judgment  the  safety  and  convenience  of  the  public 
and  the  interests  of  all  said  railroad  companies  require. 
Rules  and  SECTION  8.     Said  terminal  compauv,  upou  the  couiple- 

regulations  for        ,  ^         •  -,  •  jj-i  luii 

the  use  of  union  tiou  of  said  uuiou  passcuger  station  and  grounds,  snail 

stauon  w'^d        make  reasonable  rules  and  regulations  for  their  use  ;   and 

grounds.  ^j^^  lioard  of  railroad  commissioners,  upon  the  application 

of  either  of  said  companies  or  of  the  mayor  of  the  city  of 

Boston,  and  a  hearing  may,  from  time  to  time,  make  any 

modification  of  such  rules  and  regulations  which  they  may 

deem  just  and  reasonable.     Such   rules  and  regulations 

shall  1)6  bindnig  upon  all  corporations  and  persons  in  the 

use  of  said  station  and  grounds,  and  shall  be  enforced  by 

railroad  police  officers  who  may  be  appointed  upon  the 

application  of  the  terminal  company,  in  the  same  manner 

and  with  the  same  powers  in  said  station  and  grounds, 

and  with  like  liability  of  the  terminal  company  for  their 

acts,  as  railroad  police  officers  under  the  general  law. 

Railroad  com-         SECTION    9.      All  Said  railroad  companies    upon    the 

panies  to  use  /..n  •  in  i  ij.i 

station  upon  its  completioii  of  said  statioii  shall  use  the  same,  and  the 
comp  etion,  etc.  ^^^.^^^jj^j^^  facilities  providcd  by  said  terminal  company  on 
the  land  herein-above  authorized  to  be  taken,  for  all  of 
their  terminal  passenger  business  in  Boston,  instead  of 
the  passenger  terminals  now  used  by  them,  and  the  su- 
preme judicial  court,  or  any  justice  thereof,  shall  have 
jurisdiction  in  equity  to  enforce  this  provision  ;  but  said 
terminal  company  may  contract  with  either  of  said  rail- 
road companies  for  the  use  of  such  separate  and  specitied 
portion  or  portions  of  the  terminal  station  hereinafter 
provided  for  as  may  be  reasonably  necessary  for  their 
respective  use. 
pa^nieslopa^for  SECTION  10.  Said  railroad  companies  hereby  required 
use  of  station,  to  usc  Said  uulon  statlou  shall  pay  to  the  terminal  com- 
pany for  such  use,  in  monthly  payments,  such  amounts 
as  may  be  necessary  to  pay  the  expenses  of  its  corporate 
administration  and  of  the  maintenance  and  operation  of 
said  station,  and  of  the  facilities  connected  therewith  and 
owned  by  said  terminal  company,  including  insurance  and 
all  repairs,  all  taxes  and  assessments  which  may  be  re- 
quired to  be  paid  by  said  terminal  company,  the  interest 


etc 


Acts    1896.  — Chap.  516.  525 

upon  its  l)onds  or  other  obli2:ations  issued  under  the  pro- 
visions of  this  act  as  the  same  shall  become  payable,  and 
a  dividend,  not  to  exceed  four  per  cent,  per  annum,  upon 
its  capital  stock.  Each  of  said  railroad  companies  shall  whichMm-*" 
pay  for  such  use  of  said  station  and  facilities  in  the  pro-  paniesshaii 
})ortion  in  which  it  has  the  use  thereof,  the  same  to  be 
tixed  l)y  the  written  agreement  of  all  of  said  railroad 
companies  before  the  completion  of  said  station ;  and  in 
case  they  fail  thus  to  agree  the  lioard  of  railroad  commis- 
sioners shall  determine  such  proportions  upon  the  appli- 
cation of  said  terminal  company  or  of  any  of  the  railroad 
companies.  Said  proportions  as  thus  tixed,  either  by  Proportions 
agreement  or  by  the  decision  of  the  board  of  railroad  Scf  ^''^^'^^  • 
commissioners,  may  be  revised  and  altered  from  time  to 
time,  either  by  the  written  agreement  of  all  of  the  rail- 
road companies  at  any  time,  or  l)y  the  board  of  railroad 
commissioners  upon  like  application,  at  intervals  of  not 
less  than  three  years.  The  decisions  of  the  board  of 
railroad  commissioners  fixing  said  proportions  of  pay- 
ments shall  be  .final  and  binding  upon  all  of  said  railroad 
companies,  and  the  payments  required  to  be  made  by 
them  respectively  to  said  terminal  company  either  by 
such  agreement  or  decisions  shall  l)e  deemed  a  part  of 
their  operating  expenses,  and  the  su})reme  judicial  court 
or  any  justice  thereof  shall  have  jurisdiction  in  equity  to 
compel  such  })ayments  to  be  made,  either  by  mandatory 
injunction  or  by  other  suitable  process. 

Section  11.     In  order  to  render  the  union  station  and  changes  to  be 

i^      •!•    •  •  '11  made  in 

passenger  tacilities  herein  provided  to  be  constructed  and  streete,  etc. 
maintained  by  the  terminal  company  accessible  and  con- 
venient for  public  use,  the  following  changes  shall  be 
made  by  the  board  of  street  commissioners  of  the  city  of 
Boston  in  its  streets  and  public  places,  to  wit: — Lehigh 
street  between  South  street  and  Broadway  bridge  shall 
be  discontinued ;  Cove  street  shall  be  widened  to  the 
width  of  at  least  one  hundred  feet,  and  extended  at  the 
width  to  which  it  may  thus  be  widened  to  Summer  street 
extended  as  required  by  this  act ;  all  of  Federal  street 
between  Essex  street  and  Federal  street  bridge  which  is 
not  embraced  within  land  which  the  terminal  company  is 
authorized  to  take,  or  which  is  not  included  in  the  above 
widening  or  extending  of  Cove  street,  shall  be  discon- 
tinued ;  Summer  street  shall  ])e  extended  at  least  one 
hundred  feet  in  width  from  Purchase  street  to  the  harbor 


526 


Acts,  1896.  — Chap.  516. 


Proviso. 


Certain  land 
may  be  re- 
leased, etc. 


City  of  Boston 
may  issue 
notes,  bonds, 
etc. 


commissioners'  line  ;  Dorchester  avenue  shall  be  extended: 
over  Federal  street  bridge,  and  thence  laid  out  at  a  width 
of  ninety- two  feet,  upon  land  which  the  terminal  com- 
pany shall  convey  to  the  city  without  compensation, 
substantially  parallel  with  the  harbor  commissioners'  line, 
to  Summer  street  so  extended,  and  said  terminal  company 
shall  convey  in  fee  to  the  city  such  of  its  land  acquired 
under  this  act  as  may  be  required  by  said  street  commis- 
sioners for  said  widening  and  extension  of  Cove  and 
Summer  streets,  at  its  actual  reasonable  cost  to  said 
terminal  company ;  Albany  street  and  Broadway,  and 
the  bridges  thereof  over  the  Boston  and  Albany  tracks, 
shall  he  changed  so  as  to  enal)le  the  tw^o  southerly  main 
tracks  and  two  additional  main  tracks  south  of  them  to 
be  extended  thereunder  to  the  grounds  of  the  terminal 
company.  Said  board  of  street  commissioners  shall  dis- 
continue, widen,  and  lay  out  said  streets  in  such  manner 
as  may  be  approved  by  the  mayor,  and  said  city  shall 
construct  said  streets  and  make  said  changes  in  -  said 
bridges  as  above-specified :  jjrovkled,  however,  that  the 
terminal  company  shall  construct  a  bridge  for  the  accom- 
modation of  foot  passengers  or  a  subway  from  the  end  of 
the  new  Cove  street  to  meet  Dorchester  avenue  at  a 
convenient  place,  as  determined  by  the  railroad  commis- 
sioners and  street  commissioners,  sitting  jointly,  when- 
ever said  commissioners  deem  it  necessary.  The  supreme 
judicial  court  or  any  justice  thereof  shall  have  jurisdiction 
in  equity  to  enforce  the  provisions  of  this  section. 

Section  12.  Said  terminal  company  and  the  city  of 
Boston  may  each  release  to  the  other  any  land  which  may 
be  necessary  for  the  uses  of  said  terminal  company,  or 
for  public  ways  or  places  respectively,  upon  such  terms 
as  may  be  agreed  upon  between  the  trustees  of  the 
terminal  company  and  the  mayor  and  the  l)oard  of  street 
commissioners  of  said  city ;  and  said  railroad  companies 
may  convey  to  each  other  any  land  or  interest  in  land  in 
Boston  ow^ned  by  them  respectively,  which  it  may  be 
found  proper  to  transfer  for  convenience  in  the  approach 
to  or  use  of  the  station  and  grounds  of  said  terminal 
company. 

Section  13.  For  the  purpose  of  paying  any  expenses 
incurred  l)y  the  city  of  Boston  in  carrying  out  the  pro- 
visions of  this  act  the  city  council  of  said  city  may  from 
time  to  time,  on  the  request  of  the  mayor,  authorize  the 


Acts,  1896.  — Chap.  516.  527 

city  treasurer  to  issue  notes,  bonds  or  scrip  of  said  city  cityofBoBton 
to  the  amount  specitied  in  any  sucli  request,  for  a  term  or  no*tes?bond8, 
terms  not  exceeding  thirty  years  from  the  date  thereof,  *'"" 
provided  the  sum  total  of  sucli  amounts  shall  not  exceed 
two  million  dollars.  If  the  city  council  shall  not  within 
thirty  days  after  a  request  from  the  mayor  authorize  the 
loan  requested,  then  the  city  treasurer  of  said  city  shall, 
on  the  request  of  the  mayor,  issue  and  sell  notes,  bonds 
or  scrip  of  said  city,  for  the  purpose  of  paying  such  ex- 
penses, which  shall  be  outside  of  the  del^t  limit,  and  shall 
be  for  such  terms  not  exceeding  live  years,  as  said  treas- 
urer shall  determine,  provided  that  the  amount  of  said 
loan  shall  not  exceed  two  million  dollars.  All  such 
notes,  bonds  or  scrip,  w^hether  inside  or  outside  of  the 
debt  limit,  shall  be  negotiable,  shall  bear  interest  payal^le 
semi-annually,  shall  be  registered  or  with  interest  cou- 
pons attached,  and  shall  be  sold  and  disposed  of  in  such 
manner,  at  such  times,  at  such  prices,  in  such  amounts, 
and  at  such  rates  of  interest  not  exceeding  four  per  cent. 
per  annum,  as  said  treasurer  may  determine ;  and  any 
premiums  received  l)y  said  treasurer  in  the  sale  of  any  of 
said  notes,  bonds  or  scrip  shall,  if  the  notes,  bonds  or 
scrip  are  issued  for  a  term  of  ten  years  or  more,  be  paid 
to  the  l)oard  of  conmiissioners  of  sinking  funds  of  said 
city,  and  be  by  them  placed  in  the  sinking  fund  for  the 
redemption  of  the  loan  created ;  otherwise  they  shall  be 
applied  to  the  payment  of  said  notes,  bonds  or  scrip,  or 
to  the  payment  of  said  expenses,  as  the  mayor  may 
determine. 

Section  14.     The  board  of  street  commissioners  of  the  Real  estate 
city  of  Boston  shall,  within  two  years  after  the  completion  afB°lsed*a  pro- 
of said  union  station,  assess  upon  any  real  estate  in  the  of  olThL^f^oY* 
city  of  Boston  which  in  the  opinion  of  said  board  receives  "pense  in- 

1  Ui.  1       J  ^  ^^11  ^-  *  ^'^^'^^'^'^'=  curredby  city, 

any  benent  and  advantage  irom  the  location  and  construe-  ^*<=- 
tion  of  said  union  station,  Summer  street  and  Cove  street, 
beyond  the  general  advantage  to  all  real  estate  in  said 
city,  a  proportionate  part  of  one  half  of  the  expense  in- 
curred by  said  city  therefor,  but  in  no  case  exceeding 
such  lieneiit  and  advantage  :  provided,  however,  that  said  pj'o^'so- 
terminal  company  shall  convey  in  fee  to  said  city  all  the 
lands  easterly  of  the  westerly  line  of  Dorchester  avenue 
extended,  without  requiring  any  compensation  therefor, 
and  all  the  land  except  the  piece  between  Purchase  street 
and  Atlantic  avenue  required  for  the  laying  out,  widening 


528 


Acts,  1896.— Chap.  516. 


Certain  pro- 
visions of  law 
to  apply. 


The  Union 
Freight  Rail- 
road Company 
to  relocate 
certain  tracks. 


Helocationa  to 
^e  filed,  etc. 


The  West  End 
Street  Railway 
Company  to 
relocate  certain 
tracks. 


Relocations  to 
be  filed,  etc. 


The  New 
England  Rail- 
road Company 
may  take 
certain  land, 
extend  its  road, 
«tc. 


and  extension  of  Cove  street  and  Summer  street,  at  its 
actual  reasonable  cost  to  said  company ;  and  the  city  of 
Boston  shall  assume  all  such  assessments  ^^■hich  may  be 
assessed  uj)on  land  of  said  terminal  company,  or  of  either 
of  said  railroad  companies,  held  for  railroad  purposes. 
Except  as  otherwise  provided  in  this  section,  sections 
two,  three,  live,  six,  seven  and  eight  of  chapter  fifty-one 
of  the  Public  Statutes  shall  apply  to  assessments  under 
this  section. 

Section  15.  The  Union  Freight  Railroad  Company 
shall,  upon  the  request  of  the  terminal  company  or  of  the 
mayor  of  Boston,  remove  its  tracks  on  Federal  street  as 
now  existing,  and  relocate  and  maintain  the  same  on 
Dorchester  avenue  as  extended  under  this  act.  Summer 
street  extended,  or  on  Cove  street  and  Summer  street  to 
Atlantic  avenue,  or  on  either  of  said  routes,  as  they  are 
or  shall  l)e  established  and  constructed  under  the  pro- 
visions of  this  act,  with  the  same  powers  and  privileges 
and  subject  to  the  same  duties,  restrictions  and  liabilities 
now  existing  as  to  said  tracks  as  located  in  their  present 
location,  upon  such  locations  and  in  such  manner  as  may 
from  time  to  time  be  approved  by  the  mayor,  and  such 
relocations  thereof  shall  ])e  tiled  in  the  office  of  the  city 
clerk.  The  supreme  judicial  court  or  any  justice  thereof 
shall  have  jurisdiction  in  equity  to  compel  compliance 
with  the  proWsions  of  tliis  section. 

Section  16.  The  "West  End  Street  Railway  Company 
shall,  upon  the  request  of  the  terminal  company  or  of  the 
mayor  of  Boston,  remove  its  tracks  on  Federal  street  as 
now  existing  between  Summer  street  and  Federal  street 
bridge,  and  relocate  and  maintain  the  same,  with  all  nec- 
essary turn-outs  and  connections  on  Summer  street  as 
extended,  on  Dorchester  avenue  as  extended  and  on  Cove 
street  as  widened  and  extended  under  this  act,  upon  such 
locations  and  in  such  manner  as  may  be  from  time  to 
time  a})proved  by  the  mayor ;  and  such  relocations 
thereof  shall  be  filed  in  the  office  of  the  city  clerk. 
The  supreme  judicial  court  or  any  justice  thereof  shall 
have  jurisdiction  in  equity  to  compel  compliance  with 
the  provisions  of  this  section. 

Section  17.  The  New  England  Railroad  Company, 
for  the  purpose  of  connecting  its  road  with  the  union 
station  herein  authorized  to  be  constructed,  may  extend 
its  road  from  a  point  in  the  city  of  Boston  as  near  the 


Acts,  1896.  — Chap.  516.  529 

northerly  end  of  its  South  Bay  drawbridge  as  it  may  find 
practicable,  to  said  terminal  company's  grounds,  and  for 
that  purpose  may  purchase  or  otherwise  take  in  fee  a  strip 
of  land  not  exceeding  thirty  feet  in  width  through  the  land 
and  location  of  the  Old  Colony  Railroad  Company,  paral- 
lel to  its  main  tracks  as  they  may  be  then  located,  subject 
however  to  the  right  of  the  Old  Colony  Eailroad  Com- 
pany to  cross  the  same  ;  and  the  New  England  Railroad  contirucTe^  ^^ 
Company,   the   Old  Colony  Railroad  Company  and  the  po''i°^t^ghannei 
Boston  and  Providence  Railroad  Corporation  may  jointly  etc. 
or  separately  construct  such  bridges  across  Fort  Point 
channel  as  may  be  required  for  the  adequate  connection 
of  their  roads  with  each  other  and  with  the  grounds  of 
the  terminal  company,  the  plans  thereof  to  be  approved 
by  the   harbor  and  land  commissioners ;  and  said  New  The  New  Eng- 
England   Railroad  Company  may   use  the   proceeds   of  companVmay 
bonds  issued  under  its  mortgage  made  the  second  day  of  cen^Tbo*rfd8°/o 
September  in  the  year  eighteen  hundred  and  ninety-five,  pay  expenses. 
and  recorded  with  Suffolk  county  deeds  on  the  twelfth 
day   of    September    in    the   year   eighteen   hundred  and 
ninety-five,  to  pay  any  expenses  incurred  by  it  under  the 
provisions  of  this  act. 

Section    18.     The   Boston   and   Providence    Railroad  ^J'„^^?,°/„'°° ''"^ 
Corporation,  for  the  purpose  of  connecting  its  road  with  RaH'oad  cor- 

^.  'IT  •!  1  poration  may 

the  union  passenger  station  hereby  required  to  be  con-  take  certain 
structed,   may  extend  its  road  from  a  point  at  or  near  Bionofroad, 
Dartmouth    street  to   said  terminal  company's  grounds,  ^**'' 
and  thus  abolish  the  grade  crossing  of  its  road  and  the 
road  of  the  Boston  and  Albany  Railroad  Company,  and 
for  that  purpose  may  purchase  or  otherwise  take  in  fee 
within  seven  years  after  the  completion  of  said  union  pas- 
senger station,  or  within  such  further  time  as  said  corpo- 
rations may  with  the  approval  of  the  railroad  commissioners 
agree,  a  strip  of  land  on  the  southerly  side  of  and  adja- 
cent to  the  main   tracks  of  the  Boston  and  Albany  Rail- 
road   Company   as    they   shall  be  then   established,   not 
exceeding  one  hundred  feet  in  width  ;  but  it  shall  not  take 
any  land  of  the   Boston  and  Albany  Railroad  Company 
within  seven  feet  of  the  main  tracks  of  the  railroad  of 
that  company  as  then  existing,  without  the  consent  of  the 
directors  of  that  company.     And  for  the  purpose  of  pro-  May  take  cer- 
viding  a  station  and  facilities  for  passengers  and  public  station  in  sut.- 
accommodation   as  hereinafter  provided,  in   substitution  preBenTstatlon, 
for  its  present  passenger  station  and  facilities  at  Park  ®"^' 


530 


Acts,  1896.  — Chap.  516. 


Location  to  be 
filed,  etc. 


To  prepare 
plans,  etc.,  for 
construction  of 
station,  etc. 


Plans  to  be 
Bubmitted  for 
approval,  etc. 


square,  which  such  change  of  its  road  to  enable  it  to  use 
the  union  station  will  require  to  1)e  al)andonecl,  the  Bos- 
ton and  Providence  Railroad  Cor})oration  may  purchase, 
or  otherwise  take  in  fee,  any  land  within  the  following 
limits,  to  wit: — Bounded  liy  land  of  the  Boston  and 
All)any  Railroad  Company,  Columl^us  avenue,  and  Buck- 
ingham, Dartmouth,  Harwich  and  Yarmouth  streets,  and 
the  land  now  of  the  Boston  and  Providence  Railroad  Cor- 
poration, and  any  other  land  adjacent  thereto,  within  such 
limits  as  the  board  of  railroad  commissioners  may  upon 
hearing  in  writing  prescribe ;  and  said  corporation  shall 
tile  a  location  of  the  land  hereinbefore  authorized  to  be 
taken  by  it,  or  of  so  much  thereof  as  it  then  deems  it 
necessary  to  take,  in  the  registry  of  deeds  for  the  county 
of  Suffolk,  Avithin  three  months  after  the  plans  for  such 
station  and  facilities  are  approved  as  hereinafter  provided, 
and  shall  thereupon,  either  alone  or  with  the  Boston  and 
Albany  Railroad  Company,  if  they  so  agree,  proceed  with 
all  reasonal^lc  diligence  to  the  construction  of  a  passenger 
station  thereon  as  herein  provided. 

Section  19.  The  Boston  and  Providence  Railroad 
Corporation  shall,  within  six  months  after  said  terminal 
company  files  its  tirst  location  of  land  herein  authorized 
to  ])e  taken  for  the  construction  of  a  union  passenger 
station,  prepare  plans  and  specifications  for  the  construc- 
tion of  a  passenger  station  and  approaches  thereto  and 
facilities  for  passengers  and  pul)lic  accommodation,  which 
shall  be  an  adequate  substitute  for  its  present  passenger 
station  and  facilities  at  Park  square,  and  adequate  for  the 
business  to  be  accommodated,  and  of  such  construction  as 
may  l)e  best  adapted  for  the  accommodation  of  the  railroad 
and  the  public,  exhibiting  its  form,  dimensions  of  walls, 
rooms,  and  partitions  and  arrangements,  and  its  location 
with  reference  to  the  adjacent  streets  and  to  the  tracks  of 
all  railroad  companies  located  or  proposed  to  be  located 
in  the  vicinity  thereof,  and  any  projection  over  adjacent 
streets,  so  far  as  practicable,  and  shall  submit  said  plans 
when  completed  to  the  mayor  of  Boston  for  his  approval, 
who  shall  forthwith  approve  or  disapprove  them  in  writ- 
ing. The  Boston  and  Providence  Railroad  Corporation 
shall  then  at  once  submit  said  plans  to  the  board  of  rail- 
road commissioners  for  its  approval,  and  said  board,  after 
notice  to  the  railroad  companies  and  to  the  mayor  of  Bos- 
ton, and  a  hearing,  shall  approve  the  plans,  or  order  such 


Acts,  1896.  — Chap.  516.  531 

changes  thereof  as  in  their  judgment  the  safety  and  con- 
venience of  the  public  and  the  interests  of  the  raih-oad 
companies  require.  Said  station,  approaches  and  facili- 
ties shall  be  constructed  and  provided  by  the  Boston  and 
Providence  Railroad  Corporation  according  to  the  plans 
thus  approved  by  the  board  of  railroad  commissioners,  or 
as  the  same  may  be  changed  as  hereinafter  provided,  and 
the  supreme  judicial  court  or  any  justice  thereof  shall 
have  jurisdiction  in  equity  to  enforce  the  provisions  of 
this  section.  But  the  Boston  and  Providence  Railroad 
Corporation  may  from  time  to  time  propose  to  the  mayor 
of  Boston  any  changes  in  the  plans  for  said  station,  a})- 
proaches  and  facilities,  and  the  mayor  shall  forthwith 
approve  or  disapprove  such  changes  in  writing,  and  the 
corporation  shall  then  at  once  submit  such  changes  to  the 
board  of  railroad  commissioners,  who,  after  notice  to  the 
mayor  and  the  railroad  companies,  and  a  hearing,  shall 
approve  the  same,  or  order  such  moditications  thereof  as 
in  their  judgment  the  safety  and  convenience  of  the  pul)- 
lic  and  the  interests  of  the  railroad  companies  require. 

Section  20.     The    Boston    and    Providence    Railroad  Jf°p*e"eDr  ""^ 
Corporation  and  its  lessees,  upon  the  completion  of  said  station,  etc. 
union  station  and  of  the  station  or  stations   herein  re- 
quired  to  be  constructed    near  Dartmouth  street,  shall 
alxindon  the  use  of  their  present  station  in  Park  square 
for  railroad  purposes,  and  their  railroad  northerly  of  the 
crossing  of  the  railroad  of  the  Boston  and  Albany  Rail- 
road Company  near  and  easterly  of  Dartmouth  street,  and  ^truct°8i*iua'bie 
the  board  of  street  commissioners  of  the  city  of  Boston  approaches,  etc 
shall  lay  out,  and  said  city  shall  construct,  suitable  ap- 
proaches to  said  station  or  stations  to  be  constructed  near 
Dartmouth  street,  in  such  directions  and  at  such  grades  as 
said  board  shall  deem  the  public  convenience  and  necessity 
require,  and  as  the  mayor  of  said  city  shall  approve. 

Section  21,     The  Boston  and  Albany  Railroad  Com- The  BoBton  and 
pany  shall  contract  with  the  Boston  and  Providence  Rail-  road  compLny 
road  Corporation  and  with  its  lessees  for  the  construction  con°tru'c't^on°or 
or  common  use  of  said  station  and  facilities,  or  for  the  euuon,°etc?  "^ 
construction  and  use  of  a  joint  station  at  or  near  said 
point,  in  accordance  with  plans  and  specifications  to  be 
prepared  and  approved  in  the  manner  herein-above  pro- 
vided for  the  preparation  and  approval  of  plans  for  the 
construction  of  a  station  by  the  Boston  and  Providence 
Railroad  Corporation,  or  if  it  does  not  so  contract,  then 


532 


Acts,  1896.  — Chap.  516. 


May  take  cer- 
tain lands,  etc. 


May  discontinue 
certain  stations, 
etc. 


To  abandon  its 
present  loca- 
tion, remove 
tracks,  take 
certain  land, 
etc. 


Certain  pro- 
visions of  law 
to  apply,  etc. 


upon  the  completion  of  the  union  passenger  station  it 
shall  construct  and  open  for  public  use  a  station  or  sta- 
tions adequate  for  the  accommodation  of  the  public,  at 
some  point  or  points  near  Dartmouth  street,  and  for  that 
purpose  it  may  purchase  or  otherwise  take  in  fee  any 
land  within  the  following  limits,  to  wit:  Bounded  south- 
erly by  the  location  of  the  Boston  and  Albany  Railroad 
Company,  westerly  by  Dartmouth  street,  northwesterly 
by  land  of  the  heirs  of  Eben  D.  Jordan,  Trinity  place, 
and  land  of  the  Massachusetts  Institute  of  Technology, 
and  easterly  by  the  westerly  line  of  Clarendon  street  ex- 
tended. And  whenever  a  station  upon  the  tract  of  land 
herein  above-described  is  opened  for  use,  the  Boston  and 
Albany  Railroad  Company  may  discontinue  its  present 
passenger  stations  at  Columl)us  avenue  and  Huntington 
avenue.  The  supreme  judicial  court  or  any  justice  thereof 
shall  have  jurisdiction  in  equity  to  compel  compliance 
with  the  provisions  of  this  section. 

Section  22.  The  Boston  and  Albany  Railroad  Com- 
pany, within  six  months  after  the  completion  of  said 
union  station,  shall  abandon  its  present  location  from 
the  southerly  line  of  Kneeland  street  northerly  to  Beach 
street,  and  shall  remove  its  tracks  from  the  present  grade 
crossing;  on  Kneeland  street  between  Lincoln  street  and 
All)any  street,  and,  for  the  purpose  of  extending  its  ter- 
minal facilities  may,  from  time  to  time,  purchase  or 
otherwise  take  in  fee,  the  whole  or  any  part  of  the  tract 
of  land  bounded  and  described  as  follows :  Northerly 
by  Kneeland  street  between  the  westerly  side  of  Utica 
street  and  the  easterly  side  of  South  street ;  easterly  by 
the  easterly  line  of  South  street  to  Lehigh  street ;  thence 
across  and  by  the  westerly  line  of  South  street  to  the 
southerly  line  of  Harvard  street,  so-called ;  southerly  by 
the  south  line  of  Harvard  street,  so-called,  to  the  westerly 
line  of  Utica  street ;  and  westerly  by  said  line  of  Utica 
street  to  Kneeland  street ;  and  may  discontinue  and  occupy 
for  its  purposes  all  streets  and  rights  of  way  embraced 
within  said  limits,  and  may  also  take  and  discontinue 
any  public  or  private  ways  within  the  tract  of  land 
bounded  by  Kneeland  street,  Albany  street,  Broadway, 
Lehigh  street  and  South  street. 

Section  23.  The  laws  of  the  Commonwealth  relating 
to  the  taking  of  lands  for  railroad  purposes,  and  the  loca- 
tion and  construction  of  railroads,  and  the  assessment  of 


Acts,  1896.  — Chap.  516.  533 

damages  occasioned  thereby,  shall  be  applicable  to  and 
govern  the  proceedings  in  the  taking  of  land  hereby  au- 
thorized to  be  taken  by  said  terminal  company  or  by  any 
railroad  company,  except  that  the  locations  shall  be  filed 
in  the  registry  of  deeds,  as  herein  provided,  and  in  case 
the  parties,  including  mortgagees,  cannot  agree  upon  said 
damages,  upon  petition  of  any  such  party  filed  within  one 
year  after  the  taking  of  the  land,  in  the  clerk's  office  of  the 
superior  court  for  Suftblk  county,  the  same  shall  he  assessed 
by  a  jury  in  that  court.  But  if  any  owner  of  land  taken  Commission 
and  all  morta-affees  thereof  shall  elect  to  have  the  dam-  minted  to' 
ages  assessed  by  a  commission  of  three  disinterested  per-  "**^**  amages. 
sons  appointed  by  the  court,  the  court  shall  appoint  such 
commission  to  assess  said  damages,  and  their  award,  or 
the  award  of  the  major  part  of  them,  when  made  and  ac- 
cepted hy  the  court,  shall  be  final,  unless  either  party  shall 
within  sixty  days  thereafter  appeal  therefrom,  in  which 
case  the  damages  shall  be  assessed  l)y  a  jury  in  that  court. 

Section  24.     No  owner  of  any  land  taken  under  the  when  owners 
provisions    of  this   act  shall  be   required  to  vacate   his  ehaii  be  required 
premises   until  three  months   after  a  location  has   been  p^e^mues. 
filed,  taking  the  land,  and  the  Boston  Gas  Light  Com- 
pany shall  not  be  required  to  vacate  the  whole  or  any 
part  of  the  premises  now  owned  or  occupied  by  it  until 
six  months  after  such  filing,  or  until  after  such  further 
time,  not  exceeding  fifteen  months  from  the  time  of  such 
filing  and  notice,  as  the  board  of  railroad  commissioners 
and  the  board  of  gas  and  electric  light  commissioners, 
who  are  for  this  purpose  constituted  a  joint  board,  may, 
upon  the  application  of  either  the  railroad  company  or  the 
gas  company,  made  at  any  time  after  the  passage  of  this 
act,  after  hearing,  prescribe  in  writing. 

Section  25.     The  terminal  company  shall  pay  a  fran-  Terminal  com- 
chise  tax  to  the  Commonwealth  upon  the  true  market  value  franchise  tax  to 
of  its  capital  stock,  without  any  deduction  whatever,  l)ut  wealth,  etc. 
its  real  estate  required  ])ythis  act  to  be  used  by  said  rail- 
road companies  shall  be  assessed  to  and  the  taxes  thereon 
shall  be  paid  by  said  railroad  companies,  and  in  the  assess- 
ment of  franchise  taxes  upon  said  railroad  companies  each 
of  them  shall  be  deemed  to  be  the  owner  of  said  real  estate 
in  the  proportion  in  which  it  then  has  the  use  thereof 
under  this  act. 

Section  26.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 


534 


Acts,  1896.  — Chap.  517. 


Chap. 5\7  -^  -^CT  RELATIVE  TO  THE  PUBLIC  SERVICE  OF  THE  COMMONWEALTH 
AND  THE  CITIES  AND  TOWNS  THEREOF,  AND  THE  EMPLOYMENT  OF 
VETERANS  THEREIN. 


The  word 
"  veteran  " 
defined. 


Veterans  may 
apply  for  exam- 
ination for 
positions  in  the 
public  service, 
etc. 


ComraiesionerB 
to  cause  vet- 
erans to  be 
certifled  in 
preference  to 
applicants  not 
veterans. 


Veterans  may 
apply  for 
appointment  to 
positions  in  the 
public  service 
without  exam- 
ination, etc. 


List  of  names  of 
applicants 
passing  exam- 
lination  to  be 
prepared,  etc. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  word  "veteran",  in  this  act  shall 
mean  a  person  who  served  in  the  army  or  navy  of  the 
United  States  in  the  time  of  the  war  of  the  rel)ellion  and 
was  honorably  discharged  therefrom. 

Section  2.  Veterans  may  apply  for  examination  for 
any  position  in  the  public  service  classified  under  chapter 
three  hundred  and  twenty  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four  and  acts  in  amendment  thereof, 
and  the  civil  service  rules  thereunder,  subject  to  said 
rules ;  and  if  such  veterans  pass  the  examination  they 
shall  he  preferred  in  appointment  to  all  persons  not 
veterans  ;  and  it  shall  be  the  dut}'  of  the  civil  service 
commissioners  to  cause  the  names  of  veterans  passing 
examination  to  be  placed  upon  the  eligible  list  for  the 
position  sought,  in  the  order  of  the  respective  standing 
of  such  veterans,  above  the  names  of  all  applicants  not 
veterans.  The  commissioners  shall  cause  to  be  certified 
to  the  appointing  officers  for  appointment  the  names  of 
all  such  veterans  in  preference  to  applicants  not  veterans, 
so  long  as  there  are  names  of  veterans  upon  the  eligible 
list,  and  the  appointment  shall  be  made  from  the  list  so 
certified.  But  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  certification  and  employment  of 
women. 

Section  3.  Veterans  may  apply  for  appointment  to 
or  for  employment  in  any  position  in  the  public  service, 
classified  as  aforesaid,  without  examination.  In  such  ap- 
plication such  veteran  shall  state  under  oath  such  facts  as 
may  be  required  by  the  civil  service  rules.  Age,  loss  of 
limb  or  other  physical  impairment,  which  shall  not  in 
fact  incapacitate,  shall  not  disqualify  such  veteran  from 
appointment  under  this  section.  Appointing  oflicers  may 
liy  requisition  call  for  the  names  of  any  or  all  such 
veterans  so  applying  Avithout  examination,  and  appoint 
or  employ  any  of  them  in  the  office  or  position  sought. 

Section  4.  The  civil  service  commissioners,  within 
five  days  after  the  final  markings  upon  any  examination 
of  applicants  for  positions  in  the  public  service,   shall 


Acts,  1896.  — Chap.  517.  535 

cause  a  list  of  the  names  of  applicants  passing  the  exam- 
ination, to  be  prepared,  showing  the  standing  of  each 
obtained  in  the  examination ;  they  shall  also  within  five 
days  after  any  certification  of  persons  for  appointments 
or  employment,  cause  a  list  of  the  names  of  the  persons 
so  certified  to  be  prepared,  and  said  lists  shall  be  open 
to  public  inspection  during  the  oflice  hours  of  the  com- 
missioners. 

Section  5.     No  veteran  holdino-  an  ofiice  or  employ-  veterans  not  to 

DG  rGrQOVGQ 

ment  in  che  pul)lic  service  of  any  city  or  town  of  the  etc.,  without  a 
Commonwealth  shall  be  removed  or  suspended,  or  shall  ^^""^" 
Avithout  his  consent  be  transferred  from  such  oflice  or 
employment,  except  after  a  full  hearing  before  the 
mayor  of  such  city  or  before  the  selectmen  of  such 
town,  and  at  such  hearing  the  veteran  shall  have  the 
right  to  1)0  present  and  to  be  represented  by  coun- 
sel. Such  removal,  sus})onsion  or  transfer  shall  be  made 
only  upon  the  written  order  of  the  mayor  or  of  the 
selectmen. 

Section  6.     The  civil  service  commissioners  shall  es-  coramissioners 
tablish  rules  to   secure  the  employment  of  veterans  in  rules  to  sLure 
the  labor  service  of  the  Commonwealth  and  of  the  cities  vaeian™Ttc.°^ 
and   towns    thereof,   in   the   class  for  which  they  make 
application,   in  preference  to  all  other  persons,  except 
women.     The  civil  service  commissioners  may  recognize 
an  age  limit  in  certifying  persons  for  employment  in  the 
labor  service,  provided  the  appointing  oflicer  shall  certify 
in  his  requisition  that  the  work  to   be  performed  is  so 
arduous  as  to  require  the  services  of  young  and  vigorous 
men,  and  provicFed  also  that  the  commissioners  shall  upon 
investigation  become  satisfied  that  such  certificate  is  true. 
In  towns  and  cities  in  which  the  civil  service  act  and  the 
rules  of  the  civil  service  commissioners  have  not  been 
a})plied  to  the  labor  service  the  selectmen  of  the  towns 
and  the  city  councils  of  the  cities  shall  take  such  action 
as  may  be  necessary  to  secure  the  employment  of  vet- 
erans in  the  lal)or  service  of  their  respective  towns  and 
cities,  in  preference  to  all  other  persons,  except  women. 
Citizens  of  Massachusetts  who  have  distinguished  them-  Certain  persona 
selves  by  gallant  and  heroic  conduct  while  serving  in  the  veterant!'"*'^ 
army  or  navy  of  the  United  States,  and  who  have  received 
a  medal  of  honor  from  the  president  of  the  United  States, 
shall  be  deemed  to  be  veterans  under  the  meanino:  of  this 
act  and  shall  receive  all  the  benefits  thereof. 


536  Acts,  1896.  — Chap.  518. 

Penalty.  SECTION   7.     Wlioever  violates  any  provision  of  this 

act  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars  for  each 
ofl'ence. 

Repeal.  Section  8.     Chapter  four  hundred  and  thirty-seven  of 

the  acts  of  the  year  eighteen  hundred  and  eighty-seven, 
chapter  four  hundred  and  seventy-three  of  the  acts  of  the 
year  eighteen  hundred  and  eighty-nine,  chapter  five  hun- 
dred and  nineteen  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four,  the  words  "other  qualifications  being 
equal ",  in  the  sixth  clause  of  section  fourteen  of  chapter 
three  hundred  and  twenty  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-four,  and  chapter  five  hundred  and 
one  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
five,  are  hereby  repealed. 

Section  9.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  9,  1896. 

Chap.5\S  -^  ■^'^'^  '^^  PROVIDE   FOR   MARKING   BALLOTS   BY   A  STAMP. 

Be  it  enacted,  etc.,  as  follows : 

furl^rhed 'for  *^  Section  1 .  City  and  town  clerks  may  in  their  discre- 
n.ai king  ballots,  ^^^^^  fumish  to  caucus  and  election  officers,  for  use  at 
caucuses  and  elections,  as  many  stamps  of  suitable  device 
as  there  are  marking  shelves  or  compartments  used  at 
each  caucus  or  polling  place.  The  design  of  the  stamps 
for  caucuses  shall  be  the  number  of  the  ward,  with  a 
cross,  thus,  X  7,  and  for  elections  the  number  of  the 
ward  and  precinct,  together  with  a  cross,  thus,  X  7/9. 
The  stamp  so  provided  shall  be  used  by  voters  in  mark- 
ing their  ballots  at  all  caucuses  and  elections  wherein 
these  stamps  are  used,  and  ballots  not  so  marked  shall 
not  be  counted,  but  ballots  marked  with  the  stamp  and 
erased  with  pencil  or  other  device  shall  be  counted  the 
Custody  of        same  as  though  no  erasure  had  been  made.     The  clerk 

stumps,  etc.  ,  O  ,  iiii  t/»i 

of  a  caucus  or  precinct  shall  have  the  custody  of  the 
stamps  herein  provided  for,  and  shall  before  the  caucus 
or  polls  open,  in  the  presence  of  the  voters  and  caucus  or 
precinct  officers,  as  the  case  may  be,  cause  such  stamps 
to  be  chained  to  each  marking  shelf  or  compartment ;  and 
he  shall  immediately  after  the  close  of  a  caucus  or  the 
polls  on  election  day,  and  before  the  ballots  are  removed 
from  the  ballot  box,  collect  said  stamps,  and  in  the  pres- 
ence of  the  voters  and  caucus  or  precinct  officers  place 


Acts,  1896.  — Chap.  519.  537 

the  same  in  a  box,  which  shall  be  locked  and  sealed,  and 
by  him  returned  forthwith  to  the  city  or  town  clerk. 
The  election  commissioners  of  the  city  of  Boston  shall 
within  said  city  perform  the  duties  herein  imposed  upon 
city  clerks,  and  in  said  city  the  police  officer  in  attend- 
ance at  each  caucus  or  voting  precinct  shall  have  the 
custody  of  the  stamps  and  be  charged  with  the  same 
duties  connected  therewith  as  those  imposed  by  this  act 
on  the  precinct  clerks  in  other  cities  and  towns. 

Section  2.     In  all  ballots  hereafter  prepared  for  use  sufficient  space 
at  elections  a  sufficient  space  shall  be  left  for  the  use  of  baiiota  for  use 
the  stamps  herein  provided  for.     All  provisions  of  law  °  *'"™p>  ^"^• 
relative  to  elections  which  provide  for  the  marking  of 
ballots  by  a  cross  mark  shall  be  construed  to  require  the 
use  of  a  stamp  as  provided  in  this  act. 

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

Approved  June  9,  1896. 

An  Act  in  addition  to  an  act  to  divide  the  commonwealth  (7/i^r).519 

INTO   districts  FOR    THE    CHOICE    OF    REPRESENTATIVES    IN    THE 
CONGRESS   OF  THE   UNITED   STATES. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  cities  of  Cambridge,  Medford  and  g^^f^TiTm- 
Somerville,  and  the  towns  of  Arlington  and  Winchester,  ter  sight. 
in  the  county  of  Middlesex,  and  the  wards  numbered  ten 
and  eleven  in  the  city  of  Boston,  in  the  county  of  Suffolk, 
shall  form  one  district  for  the  choice  of  a  representative 
in  the  congress  of  the  United  States,  to  be  called  Con- 
gressional District  Number  Eight. 

Section  2.     The  wards  numbered  one,  two,  three,  six,  congressional 
seven,  eight,  nine  and  thirteen,  in  the  city  of  Boston,  and  berNine. 
the  town  of  Winthrop,   in  the  county  of  Suffolk,  shall 
form  one  district  for  the  choice  of  a  representative  in  the 
congress  of  the  United  States,  to  be  called  Congressional 
District  Number  Nine. 

Section  3.  The  wards  numbered  twelve,  fourteen,  congressional 
fifteen,  sixteen,  seventeen,  eighteen,  nineteen,  twenty  and  bJrTen. 
twenty-four,  in  the  city  of  Boston,  in  the  county  of 
Suffolk,  and  the  city  of  Quincy  and  the  town  of  Mil- 
ton, in  the  county  of  Norfolk,  shall  form  one  district 
for  the  choice  of  a  representative  in  the  congress  of 
the  United  States,  to  be  called  Congressional  District 
Number  Ten. 


538 


Acts,  1896.  — Chap.  520. 


CongreBsional 
DiBtrict  Num- 
ber Eleven. 


Repeal. 


Section  4.  The  wards  numbered  twenty-one,  twenty- 
two,  twenty-three  and  twenty-five,  in  the  city  of  Boston, 
in  the  county  of  Suffolk ;  the  city  of  Newton,  and  the 
towns  of  Belmont,  Holliston,  Sherborn  and  Watertown, 
in  the  county  of  Middlesex ;  the  towns  of  Hopedale  and 
Milford,  in  the  county  of  Worcester ;  the  towns  of  Bel- 
lingham,  Brookline,  Dedham,  Dover,  Foxborough,  Frank- 
lin^ Hyde  Park,  Medtield,  Medway,  Millis,  Needham, 
Norfolk,  Norwood,  Sharon,  Walpole  and  Wrentham,  in 
the  county  of  Norfolk ;  and  the  town  of  North  Attlebor- 
ough,  in  the  county  of  Bristol,  shall  form  one  district 
for  the  choice  of  a  representative  in  the  congress  of  the 
United  States,  to  be  called  Congressional  District  Number 
Eleven. 

Section  5.  So  much  of  chapter  three  hundred  and 
ninety-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one  as  is  inconsistent  with  the  provisions  of  this 
act  is  hereby  repealed. 

Sectio^s^  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 


1892,  419,  §  111, 
amended. 


Ch(lV'52iO  An  Act  relative  to  the  keeping  and  sale  of  burning  fluid 

AND   OTHER  INFLAMMABLE   OILS. 

Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  Section  one  hundred  and  eleven  of  chapter 
four  hundred  and  nineteen  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-two  is  hereby  amended  by  striking 
out  in  the  third  and  fourth  lines  thereof,  the  words 
"turpentine",  and  "  or  any  inflammable  oil",  and  insert- 
ing after  the  word  "substance",  in  the  fourth  line,  the 
words:  —  except  kerosene  and  other  products  of  petro- 
leum,—  so  as  to  read  as  follows:  —  Section  111.  No 
l)uilding  of  which  any  part  is  used  for  storage  or  sale  of 
hay,  straw,  hemp,  flax,  shavings,  burning  fluid,  camphene 
or  other  highly  combustible  sulistance,  except  kerosene 
and  other  products  of  petroleum,  shall  be  occupied  in  any 
part  as  a  dwelling,  tenement  or  lodging  house,  except  that 
rooms  for  coachmen  or  grooms  may  be  allowed  in  private 
stables  authorized  by  this  act,  upon  special  permit  from 
the  inspector. 

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

Approved  June  9,  1896. 


Buildings  U8«d 
for  Btorage  of 
certain  com- 
bustible 8Ub- 
BtanceB  not  to 
be  used  as 
dwellings. 


Acts,  1896.  — Chaps.  521,  522,  523.  539 


An  Act  to  provide  for  the  removal  of  prisoners  from  the  ri'Uf,,.^  proi 

HOUSE     of    correction     IN    SUFFOLK     COUNTY    TO     THE     BOSTON  "' 

HOUSE   OF   INDUSTRY. 

5e  it  enacted^  etc. ,  as  folloios : 

Section  1.     The  institutions  commissioner  of  the  city  Prisoners  may 
of  Boston  may  remove  any  prisoner  hold  under  sentence  f*r^orahouBe of 
in  the  house  of  correction  in  Suffolk  county  to  the  Boston  hous^e  of'ia° 
house  of  industry ;  and  said  commissioner  may  also  re-  dustry,  etc. 
move  any  prisoner  held  upon  a  term  sentence  in  said  house 
of  industry  to  said  house  of  correction.     Any  prisoner  re- 
moved under  this  section  may  be  returned  by  said  com- 
missioner to  the  place  of  imprisonment  from  which  he  was 
so  removed. 

Section  2.     When  a  prisoner  is  removed  or  returned  p^pg''^a°  °®*|'*^ 
under  this  act  all  mittimuses,  processes  and  other  official  ^^.  removed 

1  /•    1  I'll         -111-       with  prisoners, 

papers  or  attested  copies  thereor,  by  which  lie  is  held  in  etc. 
custody,    shall  lie  removed  or   returned   with  him ;   and 
such  prisoner  shall  be  held  in  the  place  of  imprisonment 
to  which  he  is  so  removed  or  returned  until  the  expiration 
of  his  original  sentence,  unless  sooner  discharged. 

Section  3.  Any  order  for  the  removal  or  return  of  a  Execution  of 
prisoner  under  this  act  may  be  executed  by  an  officer  of  ?onio"ai?etc. 
either  of  the  prisons  named  herein. 

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

Approved  June  9^  1896. 


Chap.522 


An  Act  relative  to  office  hours  in  the  department  of  the 
treasurer  and  receiver  general. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The   treasurer  and  receiver  general  shall  ,^"de^  anment 
not  be  required  to  keep  his  office  open  for  the  receipt  or  of  treasmei  and 

1       c  r\    i         -\  ijji  ji  »ii     receiver  gen- 

payment  ot  money  on  Saturdays  later  than  twelve  o  clock  erai. 

noon. 

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

Approved  June  9,  1896. 


Cha2J.523 


An  Act  relative  to  the  payment  of  certain  fees  in  the 

OFFICE    OF    the    secretary    OF    THE    COMMONWEALTH. 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  The  fee  to  be  paid  by  corporations  for  Fee  for  eiing 
filing  and  recording  in  the  office  of  the  secretary  of  the  cmain'^cmm^ 
Commonwealth  any  certificate,  the  payment  of  a  fee  for  ''^^^'^' 


540 


Acts,  1896. —  Chap.  524. 


p.  S.  106,  §  84, 
amended. 


Fees  for  filing 
and  recording 
certificate  of 
organization. 


Proviso. 


which  is  not  already  expressly  provided  for  by  law,  shall 
be  one  dollar.  This  provision  shall  apply  also  to  the 
filing  and  recording  of  certificates  of  limited  partnership, 
under  the  provisions  of  chapter  seventy-five  of  the  Public 
Statutes,  and  to  the  certificate  of  change  of  name  of  cor- 
porations required  to  be  issued  under  the  provisions  of 
section  three  of  chapter  three  hundred  and  sixty  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-one. 

Section  2.  The  second  clause  of  section  eighty-four 
of  chapter  one  hundred  and  six  of  the  Public  Statutes  is 
hereby  amended  by  adding  after  the  word  ' '  dollars  ",  in 
the  sixth  line,  the  following  words  :  — jj^^ovided,  that  a 
corporation  which  has  paid  two  hundred  dollars  in  the 
manner  herein  set  forth  shall  pay  a  fee  of  one  dollar  for 
each  certificate  thereafter  filed  and  recorded  under  the  pro- 
visions of  said  section  fifty-six,  —  so  as  to  read  as  follows  : 
—  For  filing  and  recording  th«  certificate  required  by  sec- 
tion fifty-six,  one  twentieth  of  one  per  cent,  of  the  amount 
by  which  the  capital  is  increased ;  but  the  amount  so  to  be 
paid  shall  not,  when  added  to  the  amount  previously  paid 
for  filing  and  recording  certificates  under  sections  twenty- 
one,  twenty-two,  and  fifty-six,  exceed  in  any  case  two 
hundred  dollars :  provided,  that  a  corporation  which  has 
paid  two  hundred  dollars  in  the  manner  herein  set  forth 
shall  pay  a  fee  of  one  dollar  for  each  certificate  thereafter 
filed  and  recorded  under  the  provisions  of  said  section 
fifty-six. 

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

A2}proved  June  5,  1896. 


(JJfa7).524:   -^^  ^^'^  ^^  AUTHORIZE  THE  CENTRAL  CEMETERY  ASSOCIATION  OF 
RANDOLPH  TO  TAKE  AND  HOLD  ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  etc.,  asfoUoivs: 

etery'^AB^aod'a-        SECTION  1.     The    dlrcctors    of  the    Central   Cemetery 
tion  may  make    Associatiou   of  Randolph   may,   upon    direction    of  said 

application  for  .       .  ,t         ,  ■,  .  .    . 

thetaiviugof      association,  make  application  by  written  petition  to  the 
for  enlargement  sclcctmen  of  the  towii  of  Randolph  for  the  enlargement  of 
'  Central  Cemetery,  so-called,   in  said  Randolph,  and  the 

taking  therefor  of  lands  belonging,  or  reputed  to  belong, 
to  George  Perry  Niles  and  others,  or  to  whomsoever  be- 
longing or  reputed  to  belong,  in  all  not  exceeding  twenty 
acres  in  extent,  lying  northeasterly  and  northerly  of  and 
in  part  adjoining  said  cemetery,  in  part  separated  there- 
from by  the  location  of  the  Old  Colony  Railroad  Company, 


of  cemetery, 
etc 


Acts,  1896.  — Chap.  524.  541 

together  with  all  rights  of  way  and  other  easements,  if 
any,  to  which  said  lands  are  subject. 

Section  2.     The  selectmen  shall  appoint  a  time  and  apSume 
place  for  a  hearing,  and  shall  cause  notice  thereof,  tosrether  t°'^  ?'="="  f""" 

*■.,  .,,'-'..  ,  'o  hearing,  give 

With  a  copy  oi  the  petition,  to  be  served  personally  upon  notice,  etc. 
the  owner  or  owners,  if  known  and  residing  within  the 
Commonwealth,  or  to  be  left  at  the  last  and  usual  place  of 
abode  of  such  owner  or  owners  fourteen  days  at  least 
before  the  time  appointed  for  the  hearing,  and  by  publish- 
ing a  notice  of  said  hearing  once  a  week  for  three  succes- 
sive weeks  in  one  or  more  newspapers  published  in  said 
Randolph,  the  last  publication  to  be  not  less  than  five  days 
before  said  hearing. 

Section  3.     The  selectmen  shall  hear  the  parties  at  the  selectmen  to 
time  and  place   appointed,  or  at  an  adjournment  thereof,  con'sidT/blfun- 
and   as    soon    as   may   be   thereafter   shall   consider   and  dai'e8,damage8, 
adjudicate  upon  the  necessity  of  such  taking,  and  upon 
the  quantity,  boundaries,  damages  and  value  of  any  land, 
rights  of  way  or  other  easements  adjudged  necessary  to  be 
taken,  and  shall  forthwith  file  a  description  of  such  land,  ^nd"etc'°°o''be 
with  a  plan  thereof,  in  the  registry  of  deeds  for  the  county  fi'«d'. 
of  Norfolk,  and  thereupon  such  land  shall  be  taken  and  held 
in  fee,  free  from  all  such  rights  of  way  or  other  easements, 
if  any,  by  said  association,  as  a  part  of  its  burial  ground. 

Section  4.  Any  party  aggrieved  by  the  doings  of  the  Persons 
selectmen  in  the  estimation  of  his  damages,  or  as  to  the  hlveTfury't^*'' 
sum  awarded  him  as  indemnity  therefor,  may,  on  applica-  igeV,Ttc!"^^°^' 
tion  therefor  to  the  superior  court  or  to  the  county  com- 
missioners of  the  county  of  Norfolk,  within  six  months 
after  the  filing  in  the  registry  of  deeds  of  the  description 
and  plan  specified  in  section  three  of  this  act,  have  a  jury 
to  determine  the  matter  of  his  complaint,  as  in  the  case  of 
the  assessment  of  damages  occasioned  by  laying  out,  lo- 
cating anew,  altering  or  discontinuing  a  highway,  and  all 
subsequent  proceedings  shall  be  conducted  as  in  said  case. 
If  the  sum  allowed  for  damages,  including  the  value  of  the 
land,  is  increased  by  the  jury,  the  sum  so  allowed  by  the 
jury  and  all  costs  shall  be  paid  by  said  association  ;  other- 
wise the  costs  arising  upon  such  application  for  a  jury 
shall  be  paid  by  the  applicant. 

Section  5.     Said   cemetery   association   shall  lay  out  Association  to 
said  land  so  taken,  into  lots,  and  shall  sell  and  convey  to  taken  into  lots, 
such  person  or  persons  as  may  apply  therefor,  whether  resi-  ^'*^* 
dents  of  said  town  of  Randolph  or  otherwise,  without  dis- 


542  Acts,  1896.— Chaps.  525,  526,  527. 

crimination,  the  exclusive  right  of  burial  and  of  erecting 
tombs  and  cenotaphs  and  of  ornamenting  the  same,  upon 
such  reasonable  terms,  conditions  and  regulations  as  said 
association  may  prescribe. 

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

Aiiproved  June  9,  1896. 

Ch(Xp.525  An  Act  to   authorize  the  town  of  edgaktown  to  bokrow 

AND   EXPEND   MONEY   FOR  THE  PURPOSE  OF  PROVIDING  ADDITIONS 
AND  IMPROVEMENTS  TO  THE   COUNTY  COURT  HOUSE  IN  SAID  TOWN. 

Be  it  enacted,  etc.,  as  follows: 
Town  of  Edgar-      SECTION  1.     The  towu  of  Edgartowu,  in  order  to  meet 

town  may  incur  .       .  ~  \        ^  ■,',•  ,1 

indebtedness  thc  cxpensc  of  Certain  improvements  and  additions  to  the 
mInt™'to''couiity  countv  court  housc  of  the  county  of  Dukes  County,  situ- 
court  house.  ^^^^|  .^  ^^j^  towu,  may,  by  majority  vote  at  a  town  meet- 
ing legally  called  and  held  within  ninety  days  from  the 
passage  of  this  act,  grant  or  vote  or  incur  indebtedness  to 
an  amount  not  exceeding  six  thousand  dollars,  and  pay 
into  the  treasury  of  the  county  such  amount  as  may  be 
voted  to  be  expended  in  making  such  improvements  and 
additions  to  said  court  house  as  may  be  ordered  by  the 
county  commissioners  of  said  county  or  as  may  be  ordered 
by  the  supreme  judicial  court ;  but  the  plans  and  specifica- 
tions for  said  additions  and  improvements,  if  ordered  by  the 
county  commissioners,  shall  be  subject  to  the  approval  of 
the  selectmen  of  said  town. 

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

App7'oved  June  9,  1896. 

Glial)  526  ^^^   ^^'^  ^'^  INCREASE   THE   NUMKER  OF   ASSOCIATE   JUSTICES  OF  THE 
-'■  '  SUPERIOR   COURT. 

Be  it  enacted,  etc.,  as  follows : 
Number  of  Section  1.     The  iiumbcr  of  associate  justices  of  the 

justices  of         superior  court  shall  be   seventeen   instead  of  fifteen    as 

superior  court  ^  •  n      i   i         i 

increased.  HOW  prOVldcd   by  UIW. 

To  take  effect         Section  2.     Tliis  act  sliall  take  effect  upon  the  first  day 
1896?™  ^^  '      of  September  in  the  year  eighteen  hundred  and  ninety-six. 


Approved  June  9,  1896. 


Chap.521 


An  Act  relative  to  voting  lists  in  the  city  of  boston. 
Be  it  enacted,  etc.,  as  folloivs  : 


Preparation  of         Section  1.     The  votiug  lists  to  bc  uscd  at  caucuses  in 
city  of  Boston.    i\^q  ^Hy  of  Bostoii  licld  after  the  passage  of  this  act  and 


Acts,  1896.  — Chaps.  528,  529.  543 

prior  to  the  date  of  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-six,  shall  l)e  prepared  from 
the  annual  register  of  the  year  eighteen  hundred  and 
ninety-live,  with  such  lawful  alterations,  corrections  and 
additions  as  may  be  made  therein  }jrior  to  the  time  when 
such  voting  lists  are  to  he  used.  The  voting  lists  to  be 
used  in  said  city  at  the  annual  state  election  in  the  year 
eighteen  hundred  and  ninety-six,  and  at  subsequent  elec- 
tions and  caucuses,  shall  be  prepared  from  the  new  regis- 
ters made  in  accordance  with  the  acts  requiring  a  new 
registration  of  voters  to  be  made  in  said  year. 

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

Approved  June  .9,  1896. 

An  Act  to  authorize  the  county  commissioners  of  the  county  (JJicij).52iS 

OF  BARNSTABLE  TO  BORROW  MONEY  FOR  SEWERAGE  PURPOSES. 

Be  it  enacted  1  etc.,  as  foUotus: 

Section   1.     The  county  commissioners  of  the  county  May  borrow 
of  Barnstable  are  hereby  authorized  to   borrow  on  the  arage  purposes. 
credit  of  said  county  a  sum  of  money  not  exceeding  three 
thousand  dollars,  and  may  expend  said  sum  in  the  con- 
struction  of  sewers  and  drains  connected  with  the  pulilic 
buildings  of  said  county. 

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

Approved  June  9,  1896. 

An  Act  to  apportion  and  assess  a  state  tax  of  one  million  (^Jffjy^  ftOQ 

SEVEN   HUNDRED   AND   FIFTY   THOUSAND   DOLLARS.  ^ 

Be  it  enacted,  etc. ,  as  follows  : 

Section  1.    Each  city  and  town  in  this  Commonwealth  uLlIedand^'""^' 
shall  be  assessed  and  pay  the  several  sums  with  which  they  "s^essed. 
stand  respectively  charged  in  the  following  schedule,  that     ^ 
is  to  say  :  — 

Abiiigtou,  seventeen  hundred  and  fifty  dollars. 

Actou,  ten  hundred  and  fifty  dollars. 

Acushnet,   four  hundred  thu'ty-seven  dollars  and  fifty  cents. 

Adams,   twenty- six  hundred  and  uinety-five  dollars. 

Agawam,  nine  hundred  and  forty-five  dollars. 

Alford,  one  hundred  fifty-seven  dollars  and  fifty  cents. 

Amesbury,   thirty-six  hundred  fifty-seven  dollars  and  fifty  cents. 

Amherst,  twenty-two  hundred  twenty-two  dollars  and  fifty  cents, 

Andover,  thirty-four  hundred  and  thirty  dollars. 


544  Acts,  1896.  — Chap.  529. 

uo'*ned  and^^°'"  Arlington,  fifty-six  hundred  and  thirty-five  dollars. 
aeseBeed.  Ashburnham,  seven  hundred  fifty-two  dollars  and  fifty  cents. 

Ashby,  three  hundred  sixty-seven  dollars  and  fifty  cents. 
Ashfield,  three  hundred  sixty-seven  dollars  and  fifty  cents. 
Ashland,  eight  hundred  fifty-seven  dollars  and  fifty  cents. 
Athol,  twenty-six  hundred  forty-two  dollars  and  fifty  cents. 
Attleborough,  thirty-two  hundred  and  twenty  dollai-s. 
Auburn,  four  hundred  two  dollars  and  fifty  cents. 
Avon,  five  hundred  forty- two  dollars  and  fifty  cents. 
Ayer,  nine  hundred  sixty-two  dollars  and  fifty  cents. 
Barnstable,  twenty-six  hundred  and  ninety-five  dollars. 
Barre,  ten  hundred  thirty-two  dollars  and  fifty  cents. 
Becket,  three  hundred  thirty-two  dollars  and  fifty  cents. 
Bedford,  six  hundred  eighty-two  dollars  and  fifty  cents. 
Belchertown,  six  hundred  and  thirty  dollars. 
Belliugham,  four  hundred  and  ninety  dollars. 
Belmont,  twenty- six  hundred  forty-two  dollars  and  fifty  cents. 
Berkley,  three  hundred  and  fifteen  dollars. 
Berlin,  three  hundred  and  fifty  dollars. 

Bernardston,  two  hundred  ninety-seven  dollars  and  fifty  cents. 
Beverly,  ten  thousand  one  hundred  thirty- two  dollars  and  fifty 

cents. 
Billerica,  thirteen  hundred  eighty-two  dollars  and  fifty  cents. 
Blackstone,  eighteen  hundred  and  ninety  dollars. 

Blandford,  three  hundred  and  fifteen  dollars. 

Bolton,  three  hundred  thirty-two  dollars  and  fifty  cents. 

Boston,  six  hundred  twenty-eight  thousand  seven  hundred  and 
forty  dollars. 

Bourne,  eleven  hundred  seventy-two  dollars  and  fifty  cents. 

Boxborough,  one  hundred  fifty-seven  dollars  and  fifty  cents. 

Boxford,  four  hundred  thirty-seven  dollars  and  fifty  cents. 

Boylston,  three  hundred  and  fifty  dollars. 

Bradford,  nineteen  hundred  and  twenty-five  dollars. 

Braintree,  thirty-one  hundred  and  fifteen  dollars. 

Brewster,  four  hundred  thirty-seven  dollars  and  fifty  cents. 

Bridgewater,  seventeen  hundred  sixty-seven  dollars  and  fifty 
*  cents. 

Brimfield,  two  hundred  ninety-seven  dollars  and  fifty  cents. 

Bi'ockton,  fifteen  thousand  and  eighty-five  dollars. 

Brookfield,  ten  hundred  and  fifty  dollars. 

Brookline,   forty-one   thousand  six   hundred  thirty-two  dollars 
and  fifty  cents. 

Buckland,  four  hundred  and  twenty  dollars. 

Burlington,  three  hundred  and  fifty  dollars. 

Cambridge,  fifty-four  thousand  six  hundred  dollars. 

Canton,  three  thousand  twenty-seven  dollars  and  fifty  cents. 

Carlisle,  two  hundred  and  forty-five  dollars. 

Carver,  five  hundred  seventy-seven  dollars  and  fifty  cents. 


Acts,  1896.  — Chap.  529.  545 

Charlemont,  two  hundred  and  eighty  dollars.  state  tax  appor- 

Charlton,  six  hundred  eighty-two  dollars  and  fifty  cents.  asBeaseu. 

Chatham,  six  hundred  and  sixty-five  dollars. 

Chelmsford,  fourteen  hundred  fifty-two  dollars  and  fifty  cents. 

Chelsea,  fifteen  thousand  eight  hundred  two  dollars  and  fifty         ' 

cents. 
Cheshire,  five  hundred  and  twenty-five  dollars. 
Chester,  four  hundred  and  fifty-five  dollars. 
Chesterfield,  two  hundred  and  ten  dollars. 
Chicopee,  fiity-eight  hundred  and  ten  dollars. 
Chilmark,  one  hundred  fifty-seven  dollars  and  fifty  cents. 
Clarksburg,  one  hundred  and  seventy-five  dollars. 
Clinton,  forty-eight  hundred  and  sixty-five  dollars. 
Cohasset,  thirty-three  hundred  and  sixty  dollars. 
Colraiu,  four  hundred  and  twenty  dollars. 
Concord,  twenty-nine  hundred  and  forty  dollars. 
Conway,  five  hundred  seven  dollars  and  fifty  cents. 
Cottage  City,  nine  hundred  and  eighty  dollars. 
Cummington,  two  hundred  twenty-seven  dollars  and  fifty  cents. 
Dalton,  two  thousand  forty-seven  dollars  and  fifty  cents. 
Dana,  two  hundred  and  ten  dollars. 
Dan  vers,  thirty-one  hundred  and  fifty  dollars. 
Dartmouth,  eighteen  hundred  and  ninety  dollars. 
Dedham,  forty-six  hundred  two  dollars  and  fifty  cents. 
Deerfield,  eleven  hundred  and  fifty-five  dollars. 
Dennis,  eleven  hundred  seventy-two  dollars  and  fifty  cents. 
Dighton,  five  hundred  and  ninety- five  dollars. 
Douglas,  seven  hundred  and  thirty-five  dollars. 
Dover,  six  hundred  eighty-two  dollars  and  fifty  cents. 
Dracut,  eleven  hundred  seventy-two  dollars  and  fifty  cents. 
Dudley,  seven  hundred  eighty-seven  dollars  and  fifty  cents. 
Dunstable,  two  hundred  and  ten  dollars. 
Duxbury,  eleven  hundred  two  dollars  and  fifty  cents. 
East  Bridgewater,  eleven  hundred  and  fifty-five  dollars. 
East  Longmeadow,  four  hundred  and  ninety  dollars. 
Eastham,  two  hundred  and  ten  dollars. 
Easthampton,  seventeen  hundred  and  fifty  dollars. 
Easton,  thirty-five  hundred  fifty-two  dollars  and  fifty  cents. 
Edgartown,  five  hundred  and  twenty-five  dollars. 
Egremont,  three  hundred  thirty-two  dollars  and  fifty  cents. 
Enfield,  five  hundred  and  sixty  dollars. 
Erving,  two  hundred  and  eighty  dollars. 
Essex,  seven  hundred  dollars. 
Everett,  eighty-six  hundred  and  ten  dollars. 
Fairhaven,  thirteen  hundred  eighty-two  dollars  and  fifty  cents. 
Fall  River,  forty-three  thousand  five  hundred  and  forty  dollars. 
Falmouth,    forty-two   hundred   eighty-seven   dollars  and   fifty 

cents. 


546  Acts,  1896.  — Chap.  529. 

fio^nld  Bnd^^*"^  Fitchburg,  thirteen  thousand  eight  hundred  and  sixty  dollars. 
aasesBed.  Florida,  one  hundred  twenty-two  dollars  and  fifty  cents. 

Foxborough,  eleven  hundred  and  ninety  dollars. 

Framingham,  sixty-five  hundred  twenty-seven  dollars  and  fifty 
cents. 

Franklin,  twenty-one  hundred  dollars. 

Freetown,  six  hundred  and  thirty  dollars. 

Gardner,  thirty-five  hundred  fifty-two  dollars  and  fifty  cents. 

Gay  Head,  seventeen  dollars  and  fifty  cents. 

Georgetown,  seven  hundred  fifty- two  dollars  and  fifty  cerits. 

Gill,  three  hundred  thirty-two  dollars  and  fifty  cents. 

Gloucester,  eleven  thousand  three  hundred  and  seventy-five  dol- 
lars. 

Goshen,  one  hundred  and  five  dollars. 

Gosnold,  one  hundred  and  forty  dollars. 

Grafton,  seventeen  hundred  thirty-two  dollars  and  fifty  cents. 

Granby,  three  hundred  thirty-two  dollars  and  fifty  cents. 

Granville,  two  hundred  sixty-two  dollars  and  fifty  cents. 

Great  Barriugton,  twenty-five  hundred  seventy-two  dollars  and 
fifty  cents. 

Greenfield,  thirty-seven  hundred  twenty-seven  dollars  and  fifty 
cents. 

Greenwich,  one  hundred  ninety-two  dollars  and  fifty  cents. 

Groton,  two  thousand  forty-seven  dollars  and  fifty  cents. 

Groveland,  seven  hundred  dollars. 

Hadley,  seven  hundred  and  thirty-five  dollars. 

Halifax,  one  hundred  ninety-two  dollars  and  fifty  cents. 

Hamilton,  seven  hundred  fifty-two  dollars  and  fifty  cents. 

Hampden,  two  hundred  and  eighty  dollars. 

Hancock,  two  hundred  and  forty-five  dollars. 

Hanover,  ten  hundred  and  fifteen  dollars. 

Hanson,  four  hundred  and  fifty-five  dollars. 

Hardwick,  ten  hundred  and  eighty-five  dollars. 

Harvard,  seven  hundred  seventeen  dollars  and  fifty  cents. 

Harwich,  eight  hundred  and  seventy-five  dollars. 

Hatfield,  seven  hundred  and  thirty-five  dollars. 

Haverhill,  fourteen  thousand  seven  hundred  and  thirty-five  dol- 
lars. 

Hawley,  one  hundred  twenty-two  dollars  and  fifty  cents. 

Heath,  one  hundred  and  forty  dollars. 

Hingham,  thirty-one  hundred  sixty-seven  dollars  and  fifty  cents. 

Hinsdale,  five  hundred  forty-two  dollars  and  fifty  cents. 

Holbrook,  nine  hundred  and  forty-five  dollars. 

Holden,  eight  hundred  and  forty  dollars. 

Holland,  seventy  dollars. 

HoUiston,  twelve  hundred  seven  dollars  and  fifty  cents. 

Holyoke,  nineteen  thousand  and  forty  dollars. 

Hopedale,  eighteen  hundred  and  twenty  dollars. 


Acts,  1896.  — Chap.  529.  547 

Hopkinton,  fourteen  hundred  and  seventy  dollars.  state  tax  appor- 

Hubbardston,  four  hundred  and  ninety  dollars.  assessed" 

Hudson,  two  thousand  eighty- two  dollars  and  fifty  cents. 

Hull,  eighteen  hundred  and  twenty  dollars. 

Huntington,  three  hundred  and  eighty-five  dollars. 

Hyde  Park,  fifty-nine  hundred  thirty-two  dollars  and  fifty  cents. 

Ipswich,  two  thousand  aud  sixty-five  dollars. 

Kingston,  eleven  hundred  seventy-two  dollars  and  fifty  cents. 

Lakeville,  four  hundred  two  dollars  aud  fifty  cents. 

Lancaster,  two  thousand  eighty-two  dollars  and  fifty  cents. 

Lanesborough,  three  hundred  sixty-seven  dollars  and  fifty  cents. 

Lawrence,  twenty-three  thousand  two  hundred  and  forty  dollars. 

Lee,  twelve  hundred  and  ninety-five  dollars. 

Leicester,  sixteen  hundred  and  forty-five  dollars. 

Lenox,  two  thousand  eighty-two  dollars  and  fifty  cents. 

Leominster,  thirty-nine  hundred  and  ninety  dollars. 

Leverett,  two  hundred  and  ten  dollars. 

Lexington,    twenty-eight   hundred   fifty-two   dollars  and    fifty 

cents. 
Leyden,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Lincoln,  sixteen  hundred  and  ten  dollars. 
Littleton,  six  hundred  twelve  dollars  and  fifty  cents. 
Longmeadow,  four  hundred  thirty-seven  dollars  and  fifty  cents. 
Lowell,  forty-nine  thousand  dollars. 
Ludlow,  seven  hundred  fifty-two  dollars  and  fifty  cents. 
Luneuburg,  five  hundred  and  sixty  dollars. 
Lynn,  thirty- four  thousand  six  hundred  sixty-seven  dollars  and 

fifty  cents. 
Lynnfield,  four  hundred  and  twenty  dollars. 
Maiden,  seventeen  thousand  three  hundred  seven  dollars  and 

fifty  cents. 
Manchester,  forty-nine  hundred  and  seventy  dollars. 
Mansfield,  twelve  hundred  seventy-seven  dollars  and  fifty  cents. 
Marblehead,  four  thousand  forty- two  dollars  and  fifty  cents. 
Marion,  five  hundred  seventy-seven  dollars  and  fifty  cents. 
Marlborough,  fifty-seven  hundred  ninety-two  dollars  and  fifty 

cents. 
Marshfield,  nine  hundred  and  forty-five  dollars. 
Mashpee,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Mattapoisett,  ten  hundred  and  fifty  dollars. 
Maynard,  fourteen  hundred  and  seventy  dollars. 
Medfield,  nine  hundred  ninety-seven  dollars  and  fifty  cents. 
Medford,  ten  thousand  nine  hundred  two  dollars  and  fifty  cents. 
Medway,  nine  hundred  twenty-seven  dollars  and  fifty  cents. 
Melrose,   sixty-eight   hundred   seventy-seven  dollars  and   fifty 

cents. 
Mendon,  three  hundred  and  eighty-five  dollars. 
Merrimac,  nine  hundred  and  forty-five  dollars. 


548  Acts,  1896.  — Chap.  529. 

ficfned  aud^^""^'  Metliuen,    twenty-four   hundred    sixty-seven    dollars  and  fifty 

assesBed.  centS. 

Middleborough,  twenty-nine  hundred  and  seventy-five  dollars. 

Middlefield,  one  hundred  and  seventy-five  dollars. 

Middleton,  three  hundred  sixty-seven  dollars  and  fifty  cents. 

Milford,  thirty-eight  hundred  sixty-seven  dollars  and  fifty  cents. 

Millbury,  sixteen  hundred  and  eighty  dollars. 

Millis,  five  hundred  and  ninety-five  dollars. 

Milton,  thirteen  thousand  seven  hundred  thirty-seven  dollars  and 

fifty  cents. 
Monroe,  one  hundred  and  five  dollars. 
Monson,  fourteen  hundred  dollars. 
Montague,  twenty-five  hundred  and  fifty-five  dollars. 
Monterey,  one  hundred  and  seventy-five  dollars. 
Montgomery,  one  hundred  and  five  dollars. 
Mount  Washington,  fifty-two  dollars  and  fifty  cents. 
Nahant,  four  thousand  forty-two  dollars  and  fifty  cents. 
Nantucket,    twenty-one    hundred    seventeen   dollars    and   fifty 

cents. 
Natick,  thirty-nine  hundred  and  ninety  dollars. 
Needham,    nineteen    hundred    seventy-seven   dollars   and   fifty 

cents. 
New  Ashford,  fifty-two  dollars  and  fifty  cents. 
New   Bedford,  thirty-six  thousand  sixty-seven  dollars  and  fifty 

cents. 
New  Braiutree,  two  hundred  ninety-seven  dollars  and  fifty  cents. 
New  Marlborough,  four  hundred  two  dollars  and  fifty  cents. 
New  Salem,  two  hundred  twenty-seven  dollars  and  fifty  cents. 
Newbury,  seven  hundred  fifty-two  dollars  and  fifty  cents. 
Newburyport,  seventy-eight  hundred  fifty-seven  dollars  and  fifty 

cents. 
Newton,   thirty-two    thousand   seventy-seven   dollars   and   fifty 

ceuts. 
Norfolk,  three  hundred  sixty-seven  dollars  and  fifty  cents. 
North  Adams,  fifty- four  hundred  seventy-seven  dollars  and  fifty 

cents. 
North  Andover,  twenty-three  hundred  sixty- two  dollars  and  fifty 

cents. 
North  Attleborough,  twenty-eight  hundred  dollars. 
North  Brookfield,  fourteen  hundred  dollars. 
North  Reading,   three  hundred    sixty-seven    dollars  and    fifty 

cents. 
Northampton,  seventy-three  hundred  and  fifteen  dollars. 
Northborough,  eight  hundred  ninety-two  dollars  and  fifty  cents. 
Northbridge,  twenty-five  hundred  thirty-seven  dollars  and  fifty 

cents. 
Northfield,  six  hundred  eighty-two  dollars  and  fifty  cents. 
Norton,  five  hundred  seventy-seven  dollars  and  fifty  cents. 


Acts,  1896.  — Chap.  529.  549 

Norwell,  seveu  huudred  and  seventy  dollars.  uo^nld  and^'""" 

Norwood,  twenty-one  hundred  fifty-two  dollars  and  fifty  cents,    asaessed. 

Oakham,  two  hundred  and  forty-five  dollars. 

Orange,  twenty-eight  hundred  seventeen  dollars  and  fifty  cents. 

Orleans,  four  hundred  and  ninety  dollars. 

Otis,  one  hundred  fifty-seven  dollars  and  fifty  cents. 

Oxford,  nine  hundred  twenty-seven  dollars  and  fifty  cents. 

Palmer,  two  thousand  and  thirty  dollars. 

Paxton,  one  hundred  ninety-two  dollars  and  fifty  cents. 

Peabody,    fifty-four    hundred   seventy-seven   dollars  and   fifty 

cents. 
Pelham,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Pembroke,  four  hundred  seventy-two  dollars  and  fifty  cents. 
Pepperell,  fourteen  hundred  and  thirty-five  dollars. 
Peru,  eighty-seven  dollars  and  fifty  cents. 
Petersham,  four  hundred  and  fifty-five  dollars. 
Phillipston,  two  hundred  and  ten  dollars. 
Pittsfield,  ninety-four  hundred  and  fifteen  dollars. 
Plainfield,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Plymouth,  forty -six  hundred  and  twenty  dollars. 
Plympton,  two  hundred  twenty-seven  dollars  and  fifty  cents. 
Prescott,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Princeton,  five  hundred  seventy-seven  dollars  and  fifty  cents. 
Provincetown,  fifteen  hundred  ninety-two  dollars  and  fifty  cents. 
Quiucy,  eleven   thousand  seven  hundred  seventy-seven  dollars 

and  fifty  cents. 
Randolph,  sixteen  hundred  and  forty-five  dollars. 
Raynham,  six  hundred  and  thirty  dollars. 
Reading,  twenty -four  hundred  and  fifty  dollars. 
Rehoboth,  five  hundred  and  twenty-five  dollars. 
Revere,  forty-five  hundred  and  eighty-five  dollars. 
Richmond,  two  hundred  and  forty-five  dollars. 
Rochester,  three   hundred  and  eighty-five  dollars. 
Rockland,  twenty-one  hundred  and  seventy  dollars. 
Rockport,  eighteen  hundred  and  forty-five  dollars. 
Rowe,  one  hundred  and  seventy-five  dollars. 
Rowley.,  four  hundred  and  ninety  dollars. 
Royalston,  four  hundi'ed  thirty-seven  dollars  and  fifty  cents. 
Russell,  three  hundred  and  fifty  dollars. 
Rutland,  three  hundred  sixty- seven  dollars  and  fifty  cents. 
Salem,  twenty  thousand  four  hundred  and  seventy-five  dollars. 
Salisbury,  four  hundred  and  sixty- five  dollars. 
Sandisfield,  two  hundred  and  forty-five  dollars. 
Sandwich,  six  hundred  eighty-two  dollars  and  fifty  cents. 
Saugus,  two  thousand  and  sixty-five  dollars. 
Savoy,  one  hundred  twenty-two  dollars  and  fifty  cents. 
Scituate,  fourteen  hundred  and  thirty-five  dollars. 
Seekouk,  six  hundred  twelve  dollars  and  fifty  cents. 


550  Acts,  1896.  — Chap.  529. 

ulfned  and^^*"^*  Sharon,  eleven  hundred  thirty-seven  dollars  and  fifty  cents. 
asseBBed.  Sheffield,  six  hundred  and  thirty  dollars. 

Shelburne,  six  hundred  forty-seven  dollars  and  fifty  cents. 

Sherborn,  five  hundred  seventy-seven  dollars  and  fifty  cents. 

Shirley,  five  hundred  and  twenty-five  dollars. 

Shrewsbury,  seven  hundred  dollars. 

Shutesbury,  one  hundred  twenty-two  dollars  and  fifty  cents. 

Somerset,  seven  hundred  fifty-two  dollars  and  fifty  cents 

Somerville,  thirty  thousand  two  hundred  and  five  dollars. 

South  Hadley,  sixteen  hundred  and  forty-five  dollars. 

Southampton,  three  hundred  and  fifty  dollars. 

Southborough,    eleven  hundred  thirty-seven  dollars   and   fifty 

cents. 
Southbridge,  twenty-eight  hundred  fifty-two  dollars  and  fifty 

cents. 
Southwick,  three  hundi-ed  and  eighty-five  dollars. 
Spencer,  twenty-nine  hundred  twenty-two  dollars  and  fifty  cents. 
Springfield,   forty- one   thousand  seventy-two  dollars  and  fifty 

cents  ■ 
Sterling,  six  hundred  twelve  dollars  and  fifty  cents. 
Stockbridge,  twenty-one  hundred  and  seventy  dollars. 
Stoneham,  twenty-eight  hundred  and  thirty-five  dollars. 
Stoughton,  twenty-one  hundred  seventeen  dollars  and  fifty  cents. 
Stow,  four  hundred  and  fifty-five  dollars. 
Sturbridge,  six  hundred  eighty-two  dollars  and  fifty  cents. 
Sudbury,  eight  hundred  twenty-two  dollars  and  fifty  cents. 
Sunderland,  two  hundred  ninety-seven  dollars  and  fifty  cents. 
Sutton,  nine  hundred  and  forty-five  dollars. 
Swampscott,  thirty-nine  hundred  and  fifty-five  dollars. 
Swanzey,  six  hundred  twelve  dollars  and  fifty  cents. 
Taunton,  thirteen  thousand  nine  hundred  and  sixty-five  dollars. 
Templeton,  nine  hundred  and  eighty  dollars. 
Tewksbury,  ten  hundred  and  fifty  dollars. 
Tisbury,  five  hundred  seventy-seven  dollars  and  fifty  cents. 
Tolland,  one  hundred  and  five  dollars. 
Topsfield,  six  hundred  twelve  dollars  and  fifty  cents. 
Towusend,  eight  hundred  and  forty  dollars. 
Truro,  two  hundred  sixty-two  dollars  and  fifty  cents. 
Tyngsborough,  two  hundred  and  eighty  dollars. 
Tyringham,  one  hundred  fifty-seven  dollars  and  fifty  cents. 
Upton,  seven  hundred  and  thirty-five  dollars. 
Uxbridge,  fifteen  hundred  ninety-two  dollars  and  fifty  cents. 
Wakefield,  four  thousand  and  ninety-five  dollars. 
Wales,  two  hundred  and  ten  dollars. 

Walpole,  fourteen  hundred  fifty-two  dollars  and  fifty  cents. 
Waltham,  thirteen  thousand  and  fifty-five  dollars. 
Ware,  three  thousand  ninety-seven  dollars  and  fifty  cents. 
Wareham,  fourteen  hundred  and  seventy  dollars. 


Acts,  1896.  — Chap.  529.  551 

Warren,  nineteen  hundred  and  sixty  dollars.  state  tax  appor- 

'  •'  tioned  and 

Warwick,  two  hundred  twenty-seven  dollars  and  fifty  cents.         asaessed. 

Washington,  one  hundred  and  forty  dollars.^ 

Watertown,  fifty-seven  hundred  and  five  dollars. 

Wayland,  eleven  hundred  two  dollars  and  fifty  cents. 

Webster,  twenty-six  hundred  and  ninety-five  dollars. 

Wellesley,  forty-six  hundred  and  fifty-five  dollars. 

Wellfleet,  five  hundred  forty-two  dollars  and  fifty  cents. 

Wendell,  one  hundred  and  seventy-five  dollars. 

Wenham,  four  hundred  seventy-two  dollars  and  fifty  cents. 

West  Boylston,  nine  hundred  sixty-two  dollars  and  fifty  cents. 

West  Bridgewater,  seven  hundred  dollars. 

West  Brookfield,  five  hundred  and  ninety-five  dollars. 

West  Newbury,  seven  hundred  dollars. 

West  Springfield,  twenty-eight  hundred  eighty-seven  dollars  and 

fifty  cents. 
West  Stockbridge,  four  hundred  two  dollars  and  fifty  cents. 
West  Tisbury,  two  hundred  and  eighty  dollars. 
Westborough,  nineteen  hundred  and  sixty  dollars. 
Westfield,  fifty-five  hundred  forty-seven  dollars  and  fifty  cents. 
Westford,  nine  hundred  sixty-two  dollars  and  fifty  cents. 
Westhampton,  one  hundred  and  seventy-five  dollars. 
Westminster,  five  hundred  forty-two  dollars  and  fifty  cents. 
Weston,  twenty-five  hundred  two  dollars  and  fifty  cents. 
Westport,  eleven  hundred  two  dollars  and  fifty  cents. 
Weymouth,  forty-seven  hundred  seventy-seven  dollars  and  fifty 

cents. 
Whately,  three  hundred  thirty-two  dollars  and  fifty  cents. 
Whitman,  twenty-five  hundred  and  fifty-five  dollars. 
Wilbraham,  five  hundred  and  ninety-five  dollars. 
Williamsburg,  six  hundred  and  sixty-five  dollars. 
Williamstown,  seventeen  hundred  sixty-seven  dollars  and  fifty 

cents. 
Wilmington,  six  hundred  and  thirty  dollars. 
Winchendon,  sixteen  hundred  and  forty-five  dollars. 
Winchester,  forty-five  hundred  thirty-two  dollars  and  fifty  cents. 
Windsor,  one  hundred  and  forty  dollars. 
Winthrop,  three  thousand  and  forty-five  dollars. 
Woburn,  sixty-seven  hundred  and  ninety  dollars. 
Worcester,  sixty-three  thousand  five  hundred  seven  dollars  and 

fifty  cents. 
Worthington,  two  hundred  twenty-seven  dollars  and  fifty  cents. 
Wrentham,  ten  hundred  sixty-seven  dollars  and  fifty  cents. 
Yarmouth,  fourteen  hundred  and  seventy  dollars. 


Issue  warrant. 


Section  2.     The  treasurer  of  the  Commonwealth  shall  w^w^/r^nt 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 


552  Acts,  1896.  — Chap.  530. 

ing  them  respectively  to  assess  the  sum  so  charged,  ac- 
cording to  the  provisions  of  chapter  eleven  of  the  Pul)lic 
Statutes,  and  to  add  the  amount  of  such  tax  to  the  amount 
of  town  and  county  taxes  to  be  assessed  by  them  respec- 
tively on  each  city  and  town, 
rs^gl^menu.  Section  3.     The  treasurer  of  the  Commonwealth  in 

his  warrant  shall  require  the  said  selectmen  or  assessors 
to  pay,  or  issue  severally  their  warrant  or  warrants  re- 
quiring the  treasurers  of  their  several  cities  or  towns  to 
pay,  to  the  treasurer  of  the  Commonwealth,  on  or  before 
the  tenth  day  of  December  in  the  year  eighteen  hundred 
and  ninety-six,  the  sums  set  against  said  cities  and  towns 
in  the  schedule  aforesaid ;  and  the  selectmen  or  assessors 
respectively  shall  return  a  certificate  of  the  names  of  the 
treasurers  of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  treasurer 
of  the  Commonwealth  at  some  time  before  the  first  day 
of  October  in  the  year  eighteen  hundred  and  ninety-six. 
uelsu^rers  of  Section  4.     If  the  auiouut  due  from  any  city  or  town, 

and'towM"e'tc^"  ^^  providcd  iu  this  act,  is  not  paid  to  the  treasurer  of  the 
Commonwealth  within  the  time  specified,  then  the  said 
treasurer  shall  notify  the  treasurer  of  such  delinquent 
city  or  town,  who  shall  pay  into  the  treasury  of  the  Com- 
monwealth, in  addition  to  the  tax,  such  further  sum  as 
would  be  equal  to  one  per  centum  per  month  during  such 
delinquency  from  and  after  the  tenth  day  of  December  in 
the  year  eighteen  hundred  and  ninety-six ;  and  if  the 
same  remains  unpaid  after  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-seven,  an  information 
may  be  filed  by  the  treasurer  of  the  Commonwealth  in 
the  supreme  judicial  court,  or  before  any  justice  thereof, 
against  such  delinquent  city  or  town ;  and  upon  notice 
to  such  city  or  town,  and  a  summary  hearing  thereon,  a 
warrant  of  distress  may  issue  against  such  city  or  town 
to  enforce  the  payment  of  said  taxes  under  such  penalties 
as  said  court  or  the  justice  thereof  l)efore  whom  the 
hearing  is  had  shall  order. 

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

Approved  June  9,  1896. 

Chap.530      An  Act  relative  to  stony  brook  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows : 
raayait^°the"        Section  1.     The  city  of  Boston  may  alter  the  course 
brook!  °*  ^'°°^  of  and  make  a  new  channel,  covered  or  uncovered,  for 


Acts,  1896.  — Chap.  530.  553 

Stony  brook  in  the  city  of  Boston,  from  a  point  at  or 
near  the  Tremont  street  crossing  of  the  Boston  and  Provi- 
dence raih"oad  to  a  point  at  or  near  Boylston  station  on 
said  railroad. 

Section  2.     The  board  of  street  commissioners,  with  may^belaken. 
the    approval   of  the   mayor,  may  take  by  purchase  or 
otherwise,  in  fee,  for  said  city,  for  the  purpose  aforesaid, 
any  lands  in  said  city  which  they  may  deem  necessary 
therefor,  and  may  take  any  rights  or  easements  in  said 
brook   or  in  any  lands  which  they  may  deem  necessary ; 
and,  to  make  any  such  taking  otherwise  than  by  purchase.  Description  of 
shall  cause  to  be  recorded  in  the  registry  of  deeds  for  the  recorded!'  ° 
county   of  Suflblk  a  description  of  the  lands,  rights  or 
easements  so  taken,  as  certain  as  is  required  in  a  common 
conveyance  of  land,  with  a  statement  signed  by  them 
that  such  lauds,  rights  or  easements  were  taken  for  the 
purposes  of  this  act ;  and  upon  the   recording  of  such 
description  the  lands,  rights  or  easements  described  therein 
shall  be  taken  for  said  city. 

Section  3.  Said  city  shall  pay  all  damages  sustained  i^"™*se8. 
by  any  person  in  his  property  by  the  taking  of  any  lands, 
rights  or  easements  under  the  authority  of  this  act,  and 
if  any  person  sustaining  such  damage  fails  to  agree  with 
said  city  as  to  the  amount  of  damages  sustained  such  dam- 
age shall  l)e  assessed  and  determined  in  the  superior  court 
for  the  county  of  Suffolk,  on  the  written  application  of 
either  party  therefor,  filed  with  the  clerk  of  said  court 
within  one  year  from  the  date  of  such  taking,  but  no  such 
application  shall  be  made  after  the  expiration  of  said  one 
year;  and  upon  such  application,  after  such  notice  as  said 
court  shall  order,  the  damages  shall  be  determined  by  a 
jury  in  said  court  in  the  same  manner  as  damages  for  land 
taken  for  highways  in  said  city  are  determined,  and  costs 
shall  be  taxed  and  execution  issued  as  in  civil  cases. 

Section  4.  For  the  purpose  of  defraying  all  the  costs  stony  Brook 
and  expenses  of  the  lands,  rights  and  easements  taken,  scr^p?^*™*" 
purchased  or  held  for  the  purposes  mentioned  in  this  act, 
and  of  constructing  all  channels  and  works  necessary  and 
proper  for  the  accomplishment  of  the  said  purposes,  and 
for  paying  all  expenses  incident  thereto,  the  treasurer  of 
said  city  shall  issue  from  time  to  time,  at  the  request  of 
the  mayor,  negotiable  notes,  scrip  or  certificates  of  debt, 
to  be  denominated  on  the  face  thereof.  Stony  Brook  Im- 
provement  Scrip,  to   an   amount   not   exceeding  in  the 


554 


Acts,  1896.  — Chap.  531. 


Sinking  fund. 


whole  the  sum  of  five  hundred  thousand  dollars,  which 
shall  not  be  included  in  determining  the  limit  of  indebted- 
ness of  said  city.  Said  notes,  bonds  or  scrip  shall  be 
registered  or  with  interest  coupons  attached,  as  said  treas- 
urer shall  determine ;  shall  bear  such  rate  of  interest,  not 
exceeding  four  per  cent,  per  annum,  payable  semi-annu- 
ally on  such  days,  and  shall  be  issued  and  disposed  of  in 
such  amounts,  in  such  modes  and  at  such  times  and 
prices,  as  the  treasurer  with  the  approval  of  the  mayor 
shall  from  time  to  time  determine.  The  sinking  funds 
commissioners  of  said  city  shall  upon  the  issuing  of  any 
of  said  bonds  establish  a  sinking  fund  and  determine  the 
amounts  to  be  paid  thereto  each  year,  which  fund  shall  be 
sufiicient  with  its  accumulations  to  extinguish  the  debt  at 
maturity ;  and  the  treasurer  of  said  city  shall  pay  to  said 
commissioners  any  premiums  received  by  the  city  in  the 
negotiation  or  sale  of  any  of  said  bonds. 

Section  5.     This  act  shall  not  be  construed  to  author- 

br"nterfered  ^°  Jz^  Said  clty  to  take  the  estate  owned  by  the  Boston  Belt- 

with,  etc.  [^g  Company,  northerly  of  said  crossing,  nor  to  interfere 

with,  or  take,  or  stop  the  flow  of  the  water  of  said  brook 

without  furnishing  free  of  expense  to  said  belting  company 

a  sufficient  supply  of  water  so  long  as  its  supply  from  said 

brook  is  cut  ofl'  while  the  work  herein  authorized  is  being 

done. 

effect".  °  *  "^         Section  G.     This  act  shall  take  efiect  when  accepted 

by  the  city  council  of  the  city  of  Boston. 

Approved  June  9,  1896. 


Estate  of  the 
Boston  Hulling 


CJiaV.SSl.  ^^   -'^CT    TO   PROVIDE    FOR    THE    SECURITY    AND    PRESERVATION    OF 
THE   SO-CALLED   BULFINCH   PORTION   OF   THE   STATE   HOUSE. 


Preservation  of 
the  BuUinch 
portion  of  the 
state  house. 


Be  it  enacted,  etc. ,  as  follows  : 

Section  1.  His  Honor,  Roger  Wolcott,  acting  gov- 
ernor of  the  Commonwealth,  George  P.  Lawrence,  presi- 
dent of  the  senate,  and  George  v.  L.  Meyer,  speaker  of 
the  house  of  representatives,  shall,  as  a  committee  serving 
without  pay,  consider  and  decide  upon  a  plan  for  preserv- 
ing, restoring  and  rendering  practically  fireproof  the  so- 
called  Bulfinch  state  house,  substantially  in  accordance 
with  the  report  and  specifications  of  the  commission  ap- 
pointed by  Governor  Greenhalge  for  the  preservation  of 
the  Bulfinch  state  house,  made  to  the  legislature  on  the 
thirteenth  day  of  April  in  the  year  eighteen  hundred  and 


Acts,  1896.  — Chap.  531.  555 

ninety-five.  Any  vacancies  occurring  in  said  committee 
shall  be  filled  by  the  governor,  or  by  the  acting  governor, 
with  the  advice  and  consent  of  the  council. 

Section  2.     For  the  purpose  stated  in  section  one  of  Drawings  and 

.  ^       ^  ,  ,  Bpecincations  to 

this  act  said  committee  is  hereby  authorized  and  directed  i»e  made,  etc. 
to  employ  an  architect  to  make  and  submit  for  its  approval 
drawings  and  specifications.  Said  architect  shall  super- 
intend the  execution  of  the  work  in  accordance  with  such 
drawings  and  specifications  as  shall  be  approved  by  said 
committee,  and  in  accordance  with  such  changes  therein 
as  may  thereafter  be  approved  in  writing  by  said  commit- 
tee. The  drawings  and  specifications  approved  by  said 
committee,  and  any  changes  made  therein  from  time  to 
time,  with  the  written  approval  of  the  committee,  shall  be 
delivered  to  the  state  house  construction  commissioners. 

Section   3.     Said    state    house   construction    commis-  state  house  con. 
sioners  are  hereby  authorized  and  directed,  upon  receipt  miss'io'Derrto" 
of  said  drawings  and   specifications,  to  proceed  to  restore  tfaJwoik?""' 
and  to  preserve  the   said  state  house,  in  accordance  with 
said  drawings  and  specifications  and  under  the  superin- 
tendence of  said   architect,  and  to  make  in  behalf  of  the 
Commonwealth  all  contracts  and  to  employ  all  labor  which 
shall  be  necessary  for  that  purpose,  but  the  expense  in- 
curred by  said  commissioners  under  the  provisions  of  this 
act,  including  the  architect's  commission,  which  shall  be 
paid  by  them,  shall  not  exceed  three  hundred  and  seventy- 
five  thousand  dollars. 

Section  4.     To  meet  the  expenses  provided  for  by  this  state  House 

,     .  1        J  1  •  I'll  ,1  Construction 

act  the  treasurer  and  receiver  general  is  hereby  author-  Loan, 
ized,  with  the  approval  of  the  governor  and  council,  to 
issue  scrip  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  three  hundred  and  seventy-five  thousand  dollars, 
for  a  term  not  exceeding  twenty  years,  the  same  to  be  in 
addition  to  any  amount  previously  authorized.  Said  scrip 
or  certificates  of  indebtedness  shall  be  issued  as  reo-istered 
bonds  or  with  interest  coupons  attached,  and  shall  bear 
interest  not  exceeding  four  per  cent,  per  annum,  payable 
semi-annually  on  the  first  days  of  April  and  October  in 
each  year,  shall  be  redeemal)le  at  maturity  in  the  gold  coin 
of  the  United  States  or  its  equivalent,  shall  be  designated 
on  the  face  thereof.  State  House  Construction  Loan,  shall 
be  countersigned  by  the  governor,  and  shall  be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth ;  and 
said  scrip  or  certificates  of  indebtedness  shall  be  sold  in  such 


556  Acts,  1896.  — Chap.  532. 

instalments  as  the  governor  and  council  may  determine, 
by  public  advertisement,  to  the  highest  bidder,  at  not  less 
than  the  par  value  thereof,  or  in  such  other  manner  as  the 
governor  and  council  may  determine  to  be  for  the  best 
Sinking  fund,  intcrcst  of  the  Commonwealth.  The  sinking  fund  estab- 
lished by  chapter  three  hundred  and  ninety-four  of  the 
acts  of  the  year  eighteen  hundred  and  eighty-nine  shall 
also  be  maintained  for  the  purpose  of  extinguishing  bonds 
issued  under  the  authority  of  this  act,  and  the  treasurer 
and  receiver  general  shall  apportion  thereto  from  ^ear  to 
year  an  amount  sufficient  with  the  accumulations  of  said 
fund  to  extinguish  at  maturity  the  debt  incurred  by  the 
issuing  of  said  bonds.  The  amount  necessary  to  meet 
the  annual  sinking  fund  requirements  and  to  pay  the  in- 
terest on  said  bonds  shall  be  included  in  and  be  made  a 
part  of  the  annual  state  tax  levy,  and  any  premium  over 
the  par  value  of  said  bonds  received  on  the  sale  thereof 
shall  form  part  of  the  sinking  fund  for  their  redemption. 
Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 

Ch(ip.5^2  An  Act  to  legalize  certain  bonds  of  the  city  of  eyerett. 
Be  it  enacted,  etc.,  asfolloivs: 

amendtd  ^  ^'  SECTION  1 ,     Scctiou  onc  of  chapter  four  hundred  and 

forty-six  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-three  is  hereby  amended  by  inserting  after  the 
word  "commissioners",  in  the  twelfth  line  of  said  section, 
the  following  words  :  —  or  by  the  board  of  public  works,  — 

City  of  Everett    go  as  to  Tcad  as  follows  :  —  Section  1.     The  city  of  Ever- 

may  iBsue  scrip        i-ii  ^         •        i  •  •  iij_       ii_ 

or  bonds.  ett   IS    hereby  authorized  to  issue  scrip  or  bonds  to  the 

amount,  upon  the  terms  and  conditions,  and  for  the  pur- 
poses, provided  in  chapter  one  hundred  and  forty-nine 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-one 
and  chapter  one  hundred  and  eighty-nine  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-two,  respectively, 
authorizing  the  town  of  Everett  to  issue  scrip  or  bonds  for 
extending  and  improving  its  water  supply  and  funding  its 
water  debt.  The  scrip  or  bonds  shall  be  authorized  from 
time  to  time  by  the  city  council  and  signed  by  the  treas- 
urer and  water  commissioners,  or  by  the  board  of  public 
works,  and  approved  by  the  mayor  of  the  city  of  Everett. 
Section  2,     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 


Acts,  1896.  — Chaps.  533,  534,  535.  557 


An  Act  to  confirm  cektain  proceedings  of  the  town  of  east  (7^^r).533 

LONGMEADOW 

Be  it  eitacted,  etc.,  as  follows : 

Section  1.     The  action   of  the  town  of  East  Lonj;-  certain  pro. 

,  1    j^'  j^        ii  •       •  •  /•  1         ceedingB  con- 

meadow  relative  to  the  appropriation  ot  money  tor  tele-  firmed. 

phone  service,  taken  at  the  meeting  of  said  town  held  on 

the  ninth  day  of  March  in  the  year  eighteen  hundred  and 

ninety-six,  is  hereby  legalized  and  confirmed,  but  nothing 

herein  contained  shall  authorize  or  empower  said  town  to 

construct  or  maintain  a  telephone  line. 

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

Approved  Jane  9,  1896. 

An  Act  to   confirm   the   proceedings   of   the  annual   town  (JJiajy.B^^ 

meeting   of   the   town   of   PRINCETON. 

Be  it  enacted,  etc. ,  as  follows : 

Section  1 .     The  proceedings  of  the  annual  town  meet-  Proceedings  of 
iiig  of  the  town  of  Princeton,  held  on  the  second  day  of  meeting  con- 
March  in  the  year  eighteen  hundred  and  ninety-six,  shall    ''^^ 
not  be  invalid  by  reason  of  the  fact  that  tellers  were  not 
appointed   jirior  to  said  meeting,  as  required  by  chapter 
two  hundred  and  eighty-five  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-five. 

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

A2')proved  June  9,  1896. 

An  Act  relative  to  the  terminal  facilities  of  the  new  eng-  /^^^,«  KQft 

LAND   railroad  COMPANY,   AND   PROVIDING  FOR  THE  ALTERATION  "^ 

OF   THE   GRADE   CROSSING   OF   CONGRESS    STREET   WITH   THE   ROAD 
OF   SAID   COMPANY   IN  THE   CITY    OF    KOSTON. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     The  New  England  Railroad  Company  may  Terminal 
aljandon  its  railroad  and  terminal  facilities  west  of  the  Newifngund 
easterl}^  line  of  A  street  in  the  city  of  Boston,  in  whole  or  Kawroadcom- 
in  part,  and  provide  other  terminal  facilities  in  said  city, 
which  in  the  judgment  of  the  board  of  railroad  commis- 
sioners of  the  Commonwealth  are  an  adequate  sul)stitute 
therefor,  and  may  contract  with  any  railroad  or  other  cor- 
poration for  terminal  facilities  in  Boston. 

Section  2.     The  commissioners  appointed  by  the  su- Alteration  of 
perior  court  upon  the  pending  petition  of  the  mayor  and  fitf^  crosBing, 


558 


Acts,  1896.  — Chap.  535. 


Abolition  of 
grade  crossiug, 
etc. 


aldermen  of  the  city  of  Boston  for  the  alteration  of  the 
grade  crossing  of  Congress  street  and  the  railroad  of  the 
New  York  and  New  England  Railroad  Company  (now  the 
New  England  Railroad  Company),  or  any  other  commis- 
sioners appointed  by  the  court  upon  said  petition,  shall 
forthwith  proceed  to  prescribe  the  manner  in  which  said 
crossing  shall  be  abolished,  either  by  carrying  Congress 
street  over  the  location  and  lands  of  the  New  England 
Railroad  Company,  or  by  altering  the  location  of  Congress 
street  east  of  a  point  on  that  street  three  hundred  and 
seventy-five  feet  east  of  the  easterly  boundary  of  A  street, 
or  by  discontinuing  any  portion  of  Congress  street  east  of 
said  point  on  that  street,  and  locating  and  constructing  a 
new  street  one  hundred  feet  wide,  including  a  bridge  over 
Fort  Point  channel  in  substitution  therefor,  and  in  substi- 
tution for  any  other  ways,  except  Northern  avenue,  which 
may  exist,  or  may  now  be  provided  to  be  hereafter  located 
and  constructed  across  the  railroad  or  land  of  said  railroad 
company  in  that  part  of  Boston  known  as  South  Boston, 
northerly  of  West  First  street,  and  shall  prescribe  the 
manner  and  limits  within  which  such  alterations  and 
changes  shall  be  made,  and  shall  determine  which  party 
shall  do  the  work  or  shall  apportion  the  work  to  be  done 
between  the  railroad  company  and  the  city  of  Boston. 
Such  new  street  and  bridge,  if  located  and  constructed, 
shall  be  so  located  and  constructed  as  to  be  in  the  judgment 
of  the  commissioners  an  adequate  substitute  for  Congress 
street  if  discontinued  in  part,  and  for  any  other  existing 
puljlic  way  across  the  lands  or  railroad  of  said  company 
northerly  of  West  First  street,  except  Northern  avenue,  as 
heretofore  required  to  be  constructed.  Said  commissioners 
shall  within  one  year  from  the  passage  of  this  act  determine 
and  report  upon  the  changes  and  locations  of  streets  herein 
referred  to. 

Section  3.     No  highway,  except  as  provided  in  section 
required  for  the  two  of  this  act,  shall  bc  hereafter  laid  out  or  constructed 

conetruction  of  i         i         i  -i  i       />        •  t  i        i  . 

certain  high-  across  the  lands  or  railroad  oi  said  company  northerly  of 
West  First  street,  and  southerly  of  Northern  avenue,  as 
heretofore  provided  to  be  constructed,  without  the  special 
authority  of  the  legislature ;  and  if  the  board  of  harbor 
and  land  commissioners  shall  sell  any  lands  of  the  Com- 
monwealth to  any  railroad  corporation  owning  or  occupy- 
ing said  lands  northerly  of  West  First  street,  or  any  part 
thereof,  they  may,  with  the  approval  of  the  governor  and 


Authority  of 
the  legislature 


■wayB,  etc. 


Acts,  1896.  — Chap.  535.  559 

council,  agree  in  behalf  of  the  Commonwealth,  as  a  ^art 
of  said  sale,  that  no  highway  or  other  way  shall  be  laid 
out  or  constructed  across  said  lands  or  the  lands  thus  sold. 
But  no  portion  of  Congress  street  shall  be  discontinued  for 
public  travel  until  a  new  street  in  substitution  therefor  is 
constructed  and  open  for  public  travel. 

Section  4.  The  acceptance  of  the  report  of  said  com-  Taking  of  land; 
missioners  by  the  superior  court  or  any  justice  thereof 
shall  be  a  taking  of  the  land  therein  required  to  be  taken 
for  railroad  and  highway  purposes,  as  therein  specitied, 
and  damages  shall  be  assessed  and  recovered  therefor  as 
provided  by  chapter  four  hundred  and  twenty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  ninety  and  acts  in 
addition  thereto  and  in  amendment  thereof. 

Section  5.     The  expenses  of   the  alteration  and  im-  Payment  of 

•  1       1   1        ji  J       /»  ji  •       •  expenses. 

provements  prescribed  by  the  report  or  the  commissioners, 
including  damages  occasioned  by  the  taking  of  land  and 
by  the  alteration  and  construction  of  highways  and  bridges 
as  required  by  said  report,  shall  be  paid  by  the  railroad 
company  and  the  city  of  Boston  and  the  Commonwealth, 
in  such  proportions  as  the  commissioners  shall  decide  to  be 
just  and  equitable,  considering  all  the  relations  of  the 
parties.  That  portion  of  such  expenses  which  may  be  re- 
quired to  be  paid  by  the  Commonwealth  and  by  the  city 
of  Boston  shall  be  primarily  paid  by  the  Commonwealth, 
and  the  treasurer  and  receiver  general  shall  pay  the  amounts 
required  therefor  from  any  money  in  the  treasury  not 
otherwise  appropriated ;  and  when  requested  by  the  gov- 
ernor and  council  so  to  do  may  issue  and  sell  bonds  of  the 
Commonwealth  from  time  to  time  to  provide  means  for 
such  payments,  under  such  terms  and  conditions  and  wdth 
such  sinking  funds  for  their  redemption  as  shall  best  pro- 
mote the  welfare  of  the  Commonwealth. 

Section  6.  For  the  purpose  of  paying  that  portion  of  pany  ma/TsTue 
the  expenses  required  to  be  paid  by  the  New  England  ^onde,  etc. 
Railroad  Company  that  company  may  issue  bonds,  to  be 
secured  by  mortgage  upon  its  road  and  property,  to  such 
amount  as  may  be  required  therefor  and  as  shall  be  ap- 
proved by  the  board  of  railroad  commissioners,  or  it  may 
use  the  proceeds  of  bonds  issued  under  its  mortgage  made 
on  the  second  day  of  September  in  the  year  eighteen 
hundred  and  ninety-five,  and  recorded  in  Sufiblk  county 
registry  of  deeds  on  the  twelfth  day  of  September  in  the 
year  eighteen  hundred  and  ninety-five. 


560 


Acts,  1896.  — Chap.  535. 


Superior  court 
to  appoint  an 
auditor,  etc. 


Certain  portion 
of  expense  paid 
by  the  Com- 
monwealth to 
be  refunded. 


Compensation 
of  commis- 
sioners, etc. 


Acceptance  to 
be  a  waiver  of 
objection  to 
validity  of  a 
certain  agree, 
ment. 


1890,  428,  §§  1-8, 
etc.,  to  apply, 
etc. 


Section  7.  The  superior  court  shall  appoint  some 
proper  person,  who  may  be  an  inhabitant  of  Boston,  as 
auditor,  who  shall  from  time  to  time  audit  and  make  re- 
port to  the  court  of  the  expenses  incurred  in  carrying  out 
the  decision  of  the  commissioners,  and  the  decree  of  the 
court  confirming  the  same,  which  reports,  when  accepted 
by  the  court,  shall  be  final. 

Section  8.  The  city  of  Boston  shall  repay  to  the 
Commonwealth  the  proportion  of  the  expenses  required 
to  be  paid  l^y  it,  and  primarily  to  be  paid  by  the  Com- 
monwealth, in  the  manner  prescribed  for  payment  by  a 
town  or  a  city  to  the  Commonwealth  of  its  proportion  of 
the  expenses  of  the  alteration  of  grade  crossings,  by  chap- 
ter two  hundred  and  eighty-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-three. 

Section  9.  The  compensation  of  the  commissioners 
and  the  expense  incurred  in  surveying,  engineering  and 
other  matters  under  their  direction,  to  enable  them  to 
make  their  report,  as  well  as  the  compensation  of  the 
auditor  appointed  by  the  court,  shall  be  a  part  of  the 
expense  of  making  the  alterations  and  improvements  re- 
quired by  the  report  of  the  commissioners. 

Section  10.  The  acceptance  of  the  provisions  of  this 
act  by  the  New  England  Railroad  Company  and  the  city 
of  Boston  by  any  proceedings  thereunder  shall  be  and  in 
any  court  shall  be  construed  as  a  waiver  by  them  respec- 
tively of  any  objection  to  the  validity  of  or  defence  to  the 
enforcement  of  any  and  all  of  the  provisions  of  the  agree- 
ment of  the  twenty-fourth  day  of  June  in  the  year  eighteen 
hundred  and  seventy-three,  between  the  Commonwealth, 
the  Boston  and  Albany  Railroad  Company,  the  Boston 
Wharf  Company,  and  the  city  of  Boston, 

Section  11.  Sections  one  to  eight  inclusive  of  chapter 
four  hundred  and  twenty-eight  of  the  acts  of  the  year 
eighteen  hundred  and  ninety,  and  of  acts  in  addition 
thereto  or  amendment  thereof,  shall,  so  far  as  they  do 
not  conflict  with  the  foregoing  provisions,  ])e  applicable 
to  all  proceedings  under  this  act,  and  all  damages  sus- 
tained by  any  persons  in  their  property  by  reason  of  any- 
thing done  under  this  act  may  be  recovered  in  the  manner 
provided  in  said  chapter  for  the  recovery  of  damages  caused 
by  the  taking  of  land  for  the  alteration  of  grade  crossings. 

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

Approved  June  9,  1896. 


Acts,  1896.  — Chap.  536.  561 


An  Act  relative  to  the  Suffolk  county  reformatory,  house  njffj^-,  K'XP. 

OF   CORRECTION   AND   BOSTON    HOUSE   OF   INDUSTRY.  ^ 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  institutions  commissioner  of  the  city  Suffolk  coumy 
of  Boston  shall  prepare  plans  for  the  construction  of  buikl-  e^tc.°'^™*^°'^^ ' 
ings  for  a  reformatory  for  male  prisoners,  to  be  known  as 
the  Suffolk  County  Reformatory,  arranged  to  provide  for 
the  grading,  classiticatiou,  instruction  and  employment 
of  such  prisoners.  Said  commissioners  shall  proceed  to 
construct  said  l)uildings  at  an  expense  of  not  more  than 
five  hundred  thousand  dollars,  after  the  said  plans  therefor 
shall  have  l^een  approved  by  the  mayor  of  said  city  and 
after  an  appropriation  to  defray  the  expenses  of  construct- 
ing said  buildings  in  accordance  with  the  plans  so  approved 
shall  have  been  made  by  the  city  council  of  said  city,  in- 
cluding the  cost  of  any  land  not  already  owned  by  said 
city  which  it  may  be  necessary  to  purchase  as  a  site  for 
said  buildings. 

Section  2.     Said  commissioner  may  use  for  said  reform-  Land  now 
atory  any  real  estate  now  owned  by  said  city,  or  may  take  cuy  of  Boston 
therefor,  by  purchase  or  otherwise,  such  other  real  estate  "ascertain'' 
in  the  county  of  Suffolk  as  said  mayor  may  approve ;  and  be^tVe^n 'l™^^ 
to  take   any  such  real  estate  otherwise  than  by  purchase 
the  mayor  of  said  city  shall  cause  to  be  recorded  in  the 
registry  of  deeds  for  said  county  a  description  of  the  real 
estate  to  be  taken  as  certain  as  is  required  in  a  common 
conveyance  of  land,  with  the  statement  that  the  real  estate 
is  taken  for  said  reformatory,  and  upon  such  recording  the 
property  described  shall  be  taken  for  the  city. 

Section  3.  Said  city  shall  pay  all  damages  sustained  fj^Teit&J^'' 
by  any  person  whose  real  estate  is  taken  under  the  author-  *'»'^«">  «'<=• 
ity  of  this  act,  and  if  the  person  whose  property  is  taken 
and  said  commissioner  cannot  agree  upon  the  amount  of 
sucli  damages  the  same  shall  be  assessed  and  determined 
in  the  manner  provided  by  law  when  land  is  taken  for  the 
laying  out  of  highways,  on  the  application  of  such  person 
or  commissioner,  filed  in  the  clerk's  office  of  the  superior 
court  for  the  county  of  Suffolk  at  any  time  within  one 
3'^ear  after  the  taking  of  such  property. 

Section  4.     The  mayor  of  said  city  when  the  buildings  Governor  to 

/.  ,  /I  ,  "^  1^  111'/'  J^       issue  proclama- 

lor    such  re rorm atory  are  ready  tor  use  shall  mtorm  the  tion  opening 


governor    thereof,  and  the  governor  may  thereupon  issue 


reformatory. 


562 


Acts,  1896.  — Chap.  536. 


Superintendent 
to  be  appointed, 
rules  and  regu- 
lations to  be 
established,  etc. 


Custody  and 
control  of 
prisoners,  etc. 


Sentences  to 
reformatory. 


his  proclamation  fixing  the  date  of  the  establishment  and 
opening  of  the  reformatory,  and  thereafter  persons  may  be 
sentenced  and  committed  thereto  as  hereinafter  provided. 

Section  5.  Said  commissioner  shall  appoint  a  super- 
intendent of  the  Suffolk  county  reformatory ;  shall  estab- 
lish such  rules  and  regulations,  to  be  approved  by  the 
governor  and  council,  for  the  grading,  classification,  and 
release  of  the  prisoners  as  shall  provide  for  dealing  with 
them  according  to  their  behavior,  industry  in  labor  and 
diligence  in  study ;  shall  establish  rules  providing  for  the 
duties  of  the  officers,  the  discipline  and  instruction  of 
prisoners  and  the  custody  and  preservation  of  the  prop- 
erty of  said  reformatory ;  shall  determine  the  salaries  and 
compensation,  of  officers  appointed  by  him  or  by  said 
superintendent ;  and  may  suspend  or  remove  said  super- 
intendent for  such  cause  as  he  shall  state  in  his  notice  of 
removal. 

Section  6.  Said  superintendent  shall  have  the  custody 
and  control  of  all  prisoners  committed  to  the  reformatory, 
sulrject  to  rules  and  regulations  made  as  aforesaid ;  shall 
appoint,  su1>ject  to  the  approval  of  said  commissioner,  a 
deputy  superintendent,  chaplain,  clerk,  and  such  subor- 
dinate officers  and  employees  as  he  may  deem  necessary  ; 
and  may  suspend  or  remove  any  officer  or  employee 
appointed  by  him  for  such  cause  as  he  shall  deem  sufficient 
and  shall  state  in  writing  to  said  commissioner. 

Section  7.  Any  male  person  not  more  than  thirty-five 
years  of  age,  convicted  of  an  offence  committed  within 
the  county  of  Suffolk,  punishable  by  imprisonment  in  the 
state  prison  or  in  the  house  of  correction,  may  be  sen- 
tenced to  said  reformatory;  and  every  municipal,  police 
and  district  court  in  the  county  of  Suffolk  having  juris- 
diction and  authority  to  sentence  such  person  to  a  house 
of  correction  shall  have  jurisdiction  and  authority  to 
sentence  him  to  said  reformatory.  The  court  imposing 
the  sentence  shall  not  fix  or  limit  the  duration  thereof,  but 
shall  merely  sentence  the  prisoner  to  the  Suffolk  county 
reformatory,  and  any  person  so  sentenced  for  an  offence 
punishable  by  imprisonment  in  the  state  prison  may  be 
held  in  said  reformatory  for  a  term  not  exceeding  five 
years,  and  any  person  so  sentenced  for  an  offence  that  is 
not  punishable  b}"  imprisonment  in  the  state  prison  may 
be  held  in  said  reformatory  for  a  term  not  exceeding  two 
years.      The    court    imposing   any   such    sentence    shall 


Acts,  189G.  — Chap.  536.  563 

transmit  to  the  superintendent  an  attested  copy  of  the 
complaint  or  indictment  under  which  such  person  was 
convicted,  together  with  the  names  and  addresses  of  the 
witnesses  testifying  for  and  against  such  person  at  his 
trial.      No   fee   shall  be  charged  or  allowed  for  making  ^ 

said  copies. 

Section  8.     All  expenses  of  said  reformatory,  includ-  paj^^ro'^^  c°t^® 
ing    the  salaries   and  compensation    of  officers    and   em-  treasury. 
ployees,  shall  be  paid  from  the  treasury  of  said  city,  upon 
vouchers    approved   by  said   commissioner,  in  the   same 
manner  as  the   expenditures  of  other   institutions  under 
the  charge  of  said  commissioner  are  paid. 

Section  9.  The  house  of  industry  in  the  city  of  Bos-  House  of 
ton  is  hereby  established  as  a  house  of  correction  for  the  irehed.'etc!'^^' 
county  of  Suffolk,  and  shall  be  hereafter  known  as  the 
House  of  Correction  at  Deer  Island,  and  the  buildings 
constituting  the  same  may  be  enlarged  or  others  erected 
therefor  as  said  commissioner,  with  the  approval  of  the 
mayor,  may  deem  proper. 

Section  10.  Said  house  of  correction  at  Deer  Island  vu^^ns'^of'i^r"" 
shall  be  subject  to  all  general  and  special  laws  now  in  tain  general  and 
force  or  which  may  hereafter  be  enacted,  relating  to  the 
house  of  correction  for  the  county  of  Suffolk,  but  prison- 
ers held  in  said  house  of  industry  upon  sentences  imposed 
before  this  act  takes  effect  shall  serve  their  sentences 
therein  in  the  same  manner  as  if  this  act  had  not  been 
passed,  and  all  laws  which  are  applicable  to  such  prisoners 
shall  be  in  full  force  as  to  them  until  the  expiration  of 
their  terms  of  sentence  thereto. 

Section  11.  Said  commissioner  may  classify  the  pris-  Prisoners  may 
oners  in  either  or  both  of  said  houses  of  correction,  and  efc.*'*'""  ^  ' 
may  transfer  them  from  one  house  of  correction  to  the 
other,  or  to  said  reformatory,  and  from  said  reformatory 
to  either  of  said  houses  of  correction.  Every  prisoner 
so  transferred  shall  serve  the  remainder  of  his  sentence 
in  the  institution  to  which  he  is  transferred,  in  the  same 
manner  as  if  he   had  been  committed  thereto  originally. 

Section  12.  Said  commissioner,  w^hen  of  the  opinion  prisoners  may 
that  any  prisoner  in  said  reformatory  will  lead  an  orderly  [ote'at  h"^ty 
life  if  released,  may  with  the  approval  of  the  court  by 
which  such  prisoner  was  sentenced  issue  to  such  prisoner 
a  permit  to  be  at  liberty  during  the  remainder  of  his  term 
of  sentence,  upon  such  terms  and  conditions  as  he  shall 
deem  best,  and  he  may  revoke  said  permit  at  any  time 


in  certain 

cases. 


564  Acts,  1896.  — Chap.  537. 

previous  to  its  expiration.  Said  commissioner  shall  not 
receive  or  consider  any  petition  or  request  for  the  release 
of  any  such  prisoner.  The  violation  by  the  holder  of  a 
permit  issued  as  aforesaid  of  any  of  the  terms  or  con- 
ditions thereof,  or  the  violation  of  any  law  of  this  Com- 
monwealth, shall  of  itself  make  void  the  permit. 
Sa'yi^illTn'^  Sectiox  13.  When  any  permit  granted  as  aforesaid 
order  for  the      \y^Q  bccu  rcvokcd  or  has  become  void  said  commissioner 

arrest  or  hold-  .  ,         .    .  ,  ^     i         i      i  i 

era  of  certaiu      may  issuB  an   ordcr  authorizing  tlie  arrest  oi  the  holder 
perm  8,  e  c.       ^jj^j-gof  and  his  return  to  the  institution  in  which  he  was 
held  at  the  time  of  his  release,  and  he  shall  thereafter  be 
detained  therein  in  accordance  with  his  sentence,  and  in 
computing  the  period  of  his  confinement  the  time  between 
his  release  upon  said  permit  and  his  return  to  the  insti- 
tution shall  not  be  taken  to  be  any  part  of  the  term  of  the 
sentence. 
?o^  tlanSer^'''^       Sectiox  14.     Any  order  for  a  transfer  or  for  an  arrest 
e'rwd ''^  ^^       ^^^^  return,  as  aforesaid,  may  be  served  throughout  the 
Commonwealth  by  any  officer  of  either  of  said  institutions 
so  directed  by  said  commissioner,  or  by  any  officer  author- 
ized to  serve  criminal  process  in  the  Commonwealth. 
"ctio*n°it'isouth      Sectiox   15.     Said   commissioner,   after  all   prisoners 
di^c'nu'nued      Sentenced  to  the   house  of  correction  at  South  Boston 
etc.  '      have  been  transferred  or  discharged  therefrom,  shall  cause 

said  house  of  correction  at  South  Boston  to  cease  to  be  a 
house  of  correction,  and,  with  the  approval  of  the  mayor, 
shall  sell  in  behalf  of  the  city  the  land  and  buildings  used 
therefor,  and  pay  the  proceeds  of  such  sale  to  the  com- 
missioners of  sinking  funds.  Said  commissioners  shall 
place  all  amounts  so  paid  to  them  by  said  commissioner 
in  a  sinking  fund  for  the  payment  of  the  loan  contracted 
for  the  erection  of  the  reformatory  provided  for  by  this 
act. 
When  to  take  Sectiox  16.     Scctious  nine,  ten,  eleven  and  twelve  of 

this  act  shall  take  effect  upon  the  first  day  of  July  in  the 
year  eighteen  hundred  and  ninety-six. 

Approved  June  9,  1896. 

(JJia7).5S7  ^^    -^CT     TO    rNCORPOKATE     THE     MASSACHUSETTS    TIPE    LINE     GAS 

COMPANY. 

Be  it  enacted,  etc.,  as  follotvs : 
PipTune'o"'         Sectiox  1.     Henry  M.  Whitney,  Henry  F.  Dimock, 
^^or^tld"^  '"''°'^"  Fi'6^^    ^-    Pearson,    James    Phillips,    Junior,    Albert    N. 

Parlin,  George  B.  M.  Harvey,  John  M.  Bailey,  Frank 


Acts,  1896.  — Chap.  537.  565 

Leake,  Jonas  Wilder,  Henry  E.  McCoy,  and  John  L. 
Wellington,  their  associates  and  successors,  are  hereby 
made  a  corporation,  under  the  name  of  the  Massachusetts 
Pipe  Line  Gas  Company,  for  the  purpose  of  manufact- 
uring, buying,  selling,  dealing  in,  conveying,  transport- 
ing and  distributing  gas  for  illuminating,  heating,  cooking, 
chemical,  mechanical  and  power  purposes,  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  re- 
strictions and  liabilities  in  all  general  laws  which  now  are 
or  may  hereafter  be  in  force  applicable  to  gas  companies, 
except  as  hereinafter  expressly  provided. 

Section  2.  The  following  terms  wherever  used  in  certain  terms 
this  act  shall  have  the  application  and  meaning  herein- 
after set  forth,  unless  some  other  meaning  is  clearly  ap- 
parent from  the  language,  context  or  manifest  intent :  — 
The  word  "  company",  or  a  pronoun  in  place  of  it,  shall 
be  taken  and  construed  to  mean  the  Massachusetts  Pipe 
Line  Gas  Company  hereby  incorporated.  The  word 
"gas",  shall  be  taken  and  construed  as  a  general  term 
for  that  commodity,  without  reference  to  its  illuminating 
power.  The  words  "illuminating  gas",  shall  be  taken 
and  construed  to  mean  gas  of  the  purity  and  illuminating 
power  required  by  general  law,  intended  to  be  used  for 
illuminating  purposes  by  simple  ignition  at  the  burner. 
The  words  "fuel  gas",  shall  be  taken  and  construed  to 
mean  gas  of  any  illuminating  power,  but  of  the  purity  re- 
quired by  general  law  as  to  illuminating  gas,  and  intended 
to  be  used  for  heating,  cooking,  chemical,  mechanical  and 
power  purposes,  and  may  l)e  used  without  connection  with 
any  chimney  or  flue.  The  term  "pipe  line ",  shall  be 
taken  and  construed  to  mean  a  line  of  mains,  pipes  or 
conduits,  with  the  manholes  and  other  apparatus  neces- 
sary for  the  operation  thereof,  connecting  a  distributing- 
system,  plant  for  the  manufacture  of  gas,  or  other  piy^e 
line,  with  any  distributing  system,  plant,  pipe  line,  town 
or  city.  The  term  "  distributing  system",  shall  be  taken 
and  construed  to  mean  any  system  of  mains,  pipes  or 
conduits,  in  any  city  or  town,  with  the  manholes  and 
other  apparatus  necessary  for  the  operation  thereof,  used 
for  distributino;  o;as  from  any  central  storage  recei^■ing 
point  or  pipe  line  to  individual  consumers  or  for  public 
lights  in  such  city  or  town.  The  word  "  board",  shall  be 
taken  and  construed  to  mean  the  board  of  gas  and  electric 
lii2;ht  commissioners. 


566 


Acts,  1896.  — Chap.  537. 


Powers  and 
duties  of 
corporation. 


Capital  stock.  Section  3.  The  capital  stock  of  tlie  companj^  shall  be 
one  million  dollars,  divided  into  ten  thousand  shares  of  the 
par  value  of  one  hundred  dollars  each.  The  company  may 
from  time  to  time,  but  in  compliance  with  the  provisions 
and  requirements  of  the  general  laws  of  the  Common- 
wealth applicable  to  the  issue  of  capital  stock,  increase 
its  capital  stock  to  an  amount  not  exceeding  five  million 
dollars. 

Section  4.  The  company  may,  for  the  purposes  afore- 
said and  subject  to  the  conditions  hereinafter  set  forth, 
lay,  construct,  maintain,  repair  and  operate  its  pipe  lines 
and  distributing  systems  in,  along,  through,  under,  across 
or  over  any  public  ways,  water  courses,  railroads,  rail- 
ways, canals,  bridges  or  subways ;  and  may  make  such 
excavations  and  construct  such  works  as  may  be  necessary 
for  the  laying,  construction,  maintenance,  repair,  exten- 
sion, operation  and  examination  of  such  conduits,  pipes, 
manholes  and  other  apparatus,  machinery  and  works.  But 
nothing  herein  shall  be  construed  as  authorizing  the  loca- 
tion by  said  company  of  any  of  its  pipes,  lines,  works, 
conduits,  manholes  or  machinery  in,  over,  through,  under 
or  ujjon  an}^  subway,  navigable  water  course,  cemetery  or 
public  park  or  common  or  public  reservation  in  the  nature 
of  a  park,  until  said  company  has  first  obtained  the  consent 
of  the  board  of  harbor  and  land  commissioners,  park  com- 
missioners or  other  authorities  having  control  of  such 
subways,  cemeteries,  navigable  water  courses,  parks,  com- 
mons or  public  reservations  in  the  nature  of  parks.  No 
conduit,  pipe  or  main  shall  be  laid  longitudinally  along 
the  location  of  any  railroad  company,  nor  shall  any  man- 
hole or  other  structure  be  erected  within  such  location, 
without  the  consent  of  the  directors  of  such  railroad 
company ;  but  the  company  may  la}^  construct,  maintain 
and  operate  its  conduits,  pipes  or  mains  across  or  under 
any  such  location,  at  such  times  and  under  such  reasonable 
regulations  and  restrictions  as  the  directors  of  such  ra:ilroad 
company  shall  prescribe. 
Je°rt^inright°in  Section  5.  If  the  compauy  shall  desire  for  its  pipe 
towuB^'ltc.  '^"^'^  ^^^®  right  to  construct,  maintain  and  operate  the  same 
in  the  streets,  lanes  and  highways  of  any  city  or  town,  it 
shall  petition  the  aldermen  or  selectmen  therefor,  stating 
the  termini  of  such  pipe  line  in  such  city  or  town  with  as 
much  particularity  and  certainty  as  practicable,  and  stating 
the  streets,  highways  and  lanes  in  which  the  company 


Acts,  1896.  — Chap.  537.  567 

desires  to  locate  such  pipe  line ;  and  the  aldermen  or  To  petition  for 
selectmen  shall  grant  that  location,  or  such  other  location  cuL^s'an/  '"*" 
in  such  streets,  lanes  and  highways  as  they  shall  deem  *°"'"^'®'° 
proper.  In  the  event  that  said  aldermen  or  selectmen 
shall  for  a  period  of  thirty  days  refuse  or  neglect  to  grant 
a  location,  or  if  the  company  is  dissatisfied  with  the  loca- 
tion granted,  it  may  within  sixty  days  thereafter  appeal 
to  the  board,  who,  after  such  hearing  and  notice  as  they 
shall  deem  proper,  shall  grant  to  the  company  reasonable 
locations  between  said  termini  for  such  pipe  line  in  the 
streets,  lanes  and  highways  of  said  city  or  town.  Upon 
the  granting  of  such  locations  by  said  aldermen,  selectmen 
or  board,  the  company  may  lay,  construct,  maintain  and 
operate  such  pipe  line  in  the  location  granted.  Similar 
rights  as  to  additional  pipe  lines  in  the  same  city  or  town 
shall  be  obtained  only  by  permission  of  the  board.  The 
company  ma}^  upon  obtaining  such  locations,  and  subject 
to  such  regulations  and  restrictions  in  respect  to  the  man- 
ner and  time  of  conducting  the  work  as  said  aldermen  or 
selectmen  shall  prescribe,  dig  up  and  open  the  ground  in 
any  of  the  streets,  lanes  and  highways  of  said  city  or 
town  so  far  as  is  necessary  to  accomplish  the  object  of  the 
corporation ;  but  such  grant  shall  not  afiect  the  right  or 
remedy  to  recover  damages  for  an  injury  caused  to  per- 
sons or  property  by  the  doings  of  the  company.  It  shall 
put  all  such  streets,  lanes  and  highways  which  are  opened 
by  it  in  as  good  repair  as  they  were  when  opened,  and  to 
the  satisfaction  of  the  local  authorities  of  the  city  or  town 
in  which  such  streets,  lanes  or  highways  are  located,  and 
upon  failure  so  to  do  within  a  reasonable  time  shall  be 
deemed  guilty  of  a  nuisance.  In  constructing,  maintain- 
ing, repairing  or  extending  its  distributing  system  in  any 
city  or  town  the  company  shall  be  subject  to  all  the  restric- 
tions, regulations  and  liabilities  set  forth  in  section  seventy- 
five  of  chapter  one  hundred  and  six  of  the  Pul)lic  Statutes, 
except  as  in  this  act  provided ;  and  in  the  construction, 
maintaining,  repairing  and  extending  of  its  pipe  lines  and 
distributing  systems  it  shall  in  all  cases  be  subject  to  the 
restrictions,  regulations  and  liabilities  set  forth  in  sections 
seventy-six  and  seventy-seven  of  said  chapter  one  hundred 
and  six.  If  in  making  such  excavations  any  water  or  gas 
pipes,  sewers,  drains,  conduits  or  other  subterranean  works 
are  disturbed  or  interfered  with,  the  same  shall,  at  the  ex- 
pense of  the  company,  be  restored  to  as  good  condition  as 


568  Acts,  1896.  — Chap.  537. 

grTnTidTubject  they  Were  in  before  such  excavation.    All  locations  granted 


to  revocation. 


under  this  section  shall  be  subject  to  revocation  by  said 
aldermen  or  selectmen  respectively,  subject  to  the  approval 
of  said  board. 
i^riefetc'll'other      SECTION  6.     The  compauy  may,  subject  to  the  approval 
systems.  '         of  the  board  and  upon  such  terms  and  conditions  as  may 
be  mutually  agreed  upon,  and  as  may  be  approved  by  the 
board,  purchase,  lease  or  operate  the  works,  distributing 
system  and  other  property  of  any  person,  firm,  corporation, 
town  or  city  engaged  in  the  business  of  selling   or  dis- 
tributing gas,  or  any  portion  of  such  works,  distributing 
system  or  other  property  in  any  city  or  town  in  which  the 
Provisos.  company  has    laid  a  pipe  line :  2)7'Ovided,   however,  that 

nothing  in  this  act  shall  authorize  the  company  to  issue 
new  capital  stock  or  bonds  for  the  purpose  of  such  pur- 
chase in  excess  of  the  amount  issued  by  the  corporation 
whose  works  are  purchased ;  and  such  person,  firm,  corpo- 
ration, town  or  city  may  sell  or  lease  any  of  its  works, 
distributing  system  or  other  property  to  the  company  as 
aforesaid.  The  company  may  thereupon  use  the  said 
works,  distributing  system  or  other  property  for  the  pur- 
pose of  selling  gas  to  the  inhabitants  of  the  town  or  city 
within  which  the  same  are  situated ;  provided,  Jiowever, 
that  in  case  of  any  such  purchase,  lease  or  operating  con- 
tract, the  prices  charged  by  the  company  to  individual  con- 
sumers or  for  public  lights  shall  thereafter  be  subject  to  the 
jurisdiction  of  the  board,  as  provided  by  section  nine  of 
chapter  three  hundred  and  fourteen  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five,  and  shall  not  in  any  case 
exceed  the  prices  ruling  at  the  time  of  such  purchase, 
lease  or  operating  contract ;  nor  shall  the  company  discon- 
tinue any  portion  of  the  distributing  system  it  may  acquire 
hy  any  such  purchase,  lease  or  operating  contract,  but 
shall  be  subject  to  the  provisions  of  section  five  of  chapter 
three  hundred  and  forty-six  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-six. 
J^^o^thTcdra-^''^  Section  7.  The  company  may  sell  or  deliver  fuel  or 
panies,  etc.  illuminating  gas  to  any  gas  company  or  to  any  town  or 
city  authorized  by  law  to  distribute  gas  ;  and  any  gas  com- 
jmny  and  any  such  town  or  city  may  contract  for  the  pur- 
chase of  gas  of  the  company  for  such  term  of  years,  and 
on  such  conditions  as  may  be  mutually  agreed  upon  ;  but 
the  prices  charged  by  the  company  for  such  gas  shall  not 
exceed  the  following  amounts  per  thousand  cubic  feet  for 


Acts,  1896.  — Chap.  538.  569 

fuel  gas  of  a  heat  value  not  less,  on  the  average,  than  five 
hundred  and  eighty  British  thermal  heat  units,  delivered 
at  the  holder  or  mains  of  any  such  gas  company,  town  or 
city,  at  the  following  distances  from  the  state  house : 
Twenty  cents  within  tive  miles,  twenty-live  cents  between 
five  and  fifteen  miles,  and  thirty  cents  beyond  fifteen  miles, 
and  not  exceeding  five  cents  additional  in  each  case  for 
illuminating  gas  of  the  candle  power  required  by  law. 
In  any  city  or  town  having  the  right  to  manufacture  or 
distribute  gas  the  company  shall  supply  such  city  or  town 
with  gas  for  distribution  upon  the  same  terms  as  it  Bhall 
supply  it  to  any  gas  company  distributing  gas  in  such  city 
or  town.  The  price  charged  by  the  company  for  fuel  or  schedule  of 
illuminating  gas  to  individual  consumers  shall  not  exceed  ''"'^^*' 
the  following  amounts  per  thousand  cubic  feet,  as  herein 
provided :  Within  eight  miles  of  the  state  house,  sixty 
cents ;  to  the  inhabitants  of  any  city  outside  of  the  above 
limit,  having  a  population  of  more  than  seventy-five  thou- 
sand, seventy-five  cents;  to  any  other  city  outside  of  said 
limit,  ninety  cents ;  to  the  inhabitants  of  any  town,  one 
dollar  and  twenty-five  cents.  The  company  shall  not  sell 
gas  to  individual  consumers  except  as  provided  in  section 
six  of  this  act. 

Section   8.     The  supreme  judicial  court  and  any  justice  Supreme  and 
thereof,  and  the  superit>r  court  and  any  justice  thereof,  tohtve  juHs""^'* 
shall  have  jurisdiction  in  equity,  on  petition  of  any  party  Miction,  etc. 
interested,   to  compel  compliance  with  the  provisions  of 
this  act  and  to  prevent  any  violations  of  the  provisions 
thereof. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 

An  Act  to  authorize  the  city  of  Lawrence  to   refund   a  Ch(lV.53S 

PORTION   OF   certain   MONEYS   PAID   FOR   A   LIQUOR  LICENSE. 

Be  it  enacted,  etc. ,  as  foUoics  : 

Section   1.     The  city  of  Lawrence  is  hereby  authorized  l^q^orucinse 
to  refund  to  Elise  Levesque  a  portion  of  the  sum  paid  by  f<^e  may  be 
Lucien  Levesque  in  the  month  of  April  in  the  year  eioht- 
een  hundred  and  ninety-six,  for  liquor  licenses,  the  part 
so  refunded  to  be  in  proportion  to  the  unexpiied  period 
of  the   licenses. 

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

Approved  June  9,  1896. 


570 


Acts,  1896.  — Chaps.  539,  540,  541. 


Appropriations 
for  publication 
of  province 
laws. 


GAC179.539  ^^  ^^'^  ^^  ADDITION  TO  AN  ACT  MAKING  APPROPRIATIONS  FOR 
THE  PREPARATION  FOR  PUBLICATION  AND  FOR  THE  PUBLICATION 
OF  THE   PROVINCE  LAWS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  sum  of  fourteen  hundred  dollars  is 
hereby  appropriated,  to  l^e  paid  out  of  the  treasury  of  the 
Connnonwealth,  for  salaries  and  expenses  in  the  depart- 
ment of  the  commissioner  appointed  to  edit  the  province 
laws,  from  the  first  day  of  May  up  to  and  including  the 
thirtieth  day  of  June  in  the  year  eighteen  hundred  and 
ninety-six,  the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  during  the  present  year  for  the  same 
purpose. 

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

Approved  June  9,  1896. 


CJlClD  540  ^^    ^^'^    RELATIVE   TO   INJURIES   RECEIVED   ON   HIGHWAYS   RESULT- 
ING FROM  SNOW  OR  ICE. 


Liability  for 
injuries  on  highi- 
way  from  cer- 
tain causes. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  No  city  or  town  shall  be  liable  for  any 
injury  or  damage  to  person  or  property  hereafter  received 
or  suffered  in  or  upon  any  part  of  a  highway,  town  way, 
causeway  or  bridge,  by  reason  or  in  consequence  of  snow 
or  ice  thereon,  if  the  place  at  which  the  injury  or  damage 
was  received  or  suffered  was  at  the  time  of  the  accident 
otherwise  reasonably  safe  and   convenient   for  travelers. 

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

Approved  June  9,  1896. 


ChapMl  AN    Act    relative 


TO     STREET     RAILWAYS     LOCATED     ON     STATE 
HIGHWAYS. 


Location  of 
street  railways 
on  state  high- 
ways may  be 
changed,  etc. 


Be  it  enacted,  etc.,  asfolloics: 

Section  1.  Whenever  in  the  construction  of  a  state 
highway  it  becomes  necessary,  in  the  opinion  of  the 
Massachusetts  highway  commission,  to  change  the  loca- 
tion, relay  or  change  the  grade  of  that  part  of  any  street 
railway  located  on  said  highway,  or  to  place  different 
material  between  its  tracks,  or  to  make  any  other  change 
in  the  location  and  construction  of  said  railway,  said  com- 
mission may,  in  the  manner  provided  in  section  twenty- 
two  of  chapter  one  hundred  and  thirteen  of  the   Public 


Acts,  1896.  — Chap.  542.  571 

Statutes  for  making  such  changes  by  boards  of  aldermen 
and  selectmen,  order  the  company  owning  or  operating 
said  railway  to  make  such  changes :  provided,  hoivever,  proviso. 
that  the  compan}'  shall  thereafter  enjoy  the  same  rights  in 
the  new  location  that  it  had  in  the  original  location  ;  and 
unless  the  same  are  made  within  the  time  limited  by  said 
commission  the  commission  may  make  said  changes,  and 
the  cost  of  making  the  same,  whether  by  the  railway 
company  or  by  said  commission,  shall  be  paid  by  said 
commission  ;  said  cost  with  interest  at  a  rate  not  exceed- 
in2:  four  per  cent,  per  annum  shall  be  paid  by  said  railway 
company  to  the  Commonwealth  in  ten  equal  annual  pay- 
ments ;  and  the  auditor  of  the  Commonwealth  on  or  before 
the  first  day  of  July  in  each  year  shall  certify  the  amount 
due  to  the  tax  commissioner,  who  shall  forthwith  demand 
the  same  ;  and  payment  shall  be  made  w  ithin  thirty  days 
thereafter.  The  claim  of  the  Commonwealth  shall  have 
priority  over  all  other  claims  against  said  railway  com- 
pany, except  for  labor,  and  shall  be  collected  in  the  same 
manner  as  the  corporation  tax ;  but  any  such  company 
may  itself  pay  for  the  expenses  of  said  changes  at  the 
time  of  making  the  same,  and  may  anticipate  said  annual 
payments  in  whole  or  in  part. 

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

Approved  June  9,  1896. 

An  Act  to  incorporate  the  Massachusetts  maritime  canal  nfinj)  549 

COMPANY.  "' 

Bh  it  enacted,  etc. ,  as  follows  : 

Section   1.      Elmer   L.   Corthell,   Francis  V.   Smith,  MassachuBetts 
Sevmour  P.  Thomas,  Adolph  Victor,  Alfred  J.  Murray,  co^mpany 
Alured  B.  Nettleton,   Henry  L.  Turner,  John  H.  Rice,  i°'=°'-P°^^'^'^- 
Wendell   G.  Corthell,  and  Wyatt  M.  Bassett,  their  asso- 
ciates and  successors,  are  made  a  corporation  by  the  name 
of  the   Massachusetts   Maritime  Canal  Company ;  and  as 
such  shall  have  perpetual  succession,  and  by  that  name 
may  sue  and  be  sued,  plead  and  be  impleaded  in  law  and 
equity,  and  may  purchase,  receive,  hold  and  convey  real 
and  personal    estate,  and  the  same  retain  to  themselves, 
their  successors  and  assigns,  so  far  as  it  shall  be  necessary 
for  their   accommodation  and  convenience  in  the  transac- 
tion  of  their  business ;  with  all  the  privileges  and  subject 
to  all  the  duties,  restrictions  and  liabilities  set  forth  in  all 


572  Acts,  189(3.  — Chap.  542. 

general  laws  which  now  are  or  may  hereafter  be  in  force 
relating  to  railway  corporations,  so  far  as  they  are  appli- 
cable, except  as  hereinafter  provided. 
andbo'nds?''  SECTION  2.     The  Capital  stock  of  Said  Corporation  shall 

be  six  million  dollars,  divided  into  shares  of  one  hundred 
dollars  each ;  and  said  corporation  may,  by  a  vote  at  a 
meeting  called  for  that  purpose,  issue  coupon  or  registered 
bonds  to  an  amount  not  exceedino;  in  the  affcrreo-ate  the 
capital  stock  of  said  corporation  actually  paid  in  at  the 
time  ;  and  may  mortgage  or  pledge  as  security  for  the  pay- 
ment of  such  bonds  a  part  or  all  of  its  canal,  equipment  or 
franchise,  or  a  part  or  all  of  its  property,  real  or  personal. 
Such  bonds  shall  be  payable  at  periods  not  exceeding  fifty 
years  from  the  date  thereof,  and  shall,  except  as  herein 
provided,  be  issued  in  accordance  with  sections  sixty-two 
to  seventy-three,  inclusive,  of  chapter  one  hundred  and 
twelve  of  the  Public  Statutes,  which  are  hereby  made  ap- 
plicable to  said  corporation.  Said  corporation  may  issue 
stock  and  bonds  in  payment  for  labor  performed  and  ma- 
terial furnished  in  the  construction  of  a  canal  as  herein- 
after provided,  and  in  payment  for  property  acquired  for 
that  purpose,  and  to  provide  means  for  funding  its  floating 
debt  or  for  the  payment  of  money  borrowed  for  any  law- 
ful purpose.  All  issues  of  stock  and  bonds  under  the 
provisions  of  this  act  shall  be  subject  to  the  approval  and 
certitication  of  the  joint  board  provided  for  in  section  six 
of  this  act,  in  the  manner  provided  in  chapter  four  hun- 
dred and  sixty-two  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-four  relative  to  the  issue  of  stock  and  bonds 
by  railroad  and  street  railway  companies. 
^DBtruT/and  Sectiox  3.     Said  corporation    may  locate,   construct, 

operate  a  canal,  maintain  and  operate  a  ship  canal,  begiiming  at  some 
convenient  point  in  Buzzard's  bay  and  running  through 
the  towns  of  Bourne  and  Sandwich,  or  either  of  them,  to 
some  convenient  point  in  Cape  Cod  or  Barnstable  bay ; 
may  locate,  construct  and  maintain  all  such  wharves, 
docks,  Ijreak waters  and  other  structures  and  works  as 
may  be  necessary  for  the  convenient  use  of  said  canal, 
together  with  the  highways  provided  for  by  this  act ;  and 
may  maintain  and  operate  steam  and  other  vessels  for 
transportation,  and  steam  tugs,  or  may  use  any  other 
means  or  methods  for  assisting  vessels  in  their  approach 
to  and  passage  through  and  from  the  canal.  Said  canal, 
when  constructed,   shall  have  a  depth  of  not  less  than 


Acts,  1896.  — Chap.  542.  573 

twenty- five  feet  at  mean  high  water,  and  a  width  of  not 
less  than  one  hundred  feet  at  the  bottom,  with  suitable 
slopes  and  with  a  surface  width  of  not  less  than  two  hun- 
dred feet.  All  materials  excavated  from  tide  waters  shall  ^j^^°iau°"  °^ 
be  disposed  of  so  as  not  to  unnecessarily  interfere  with  excavated,  etc. 
the  fishing  interests,  and  material  excavated  shall  be  de- 
posited within  the  limits  of  the  location  of  the  canal,  as 
far  as  practicable.  The  construction  of  the  approaches 
to  said  canal  from  the  present  line  of  high  water  upon  the 
shores  seaward  at  either  end  thereof,  shall  be  subject  to 
the  provisions  of  chapter  nineteen  of  the  Public  Statutes, 
and  said  canal  when  completed  shall  l)e  under  the  juris- 
diction of  the  harbor  and  land  commissioners. 

Section  4.     Said  corporation  may  survey,  and  after  Taking  of  laud, 
depositing  two  hundred  thousand  dollars  with  the  treas-  lingentupoQ 
urer  of  the  Commonwealth,  as  provided  in  section  twenty-  wuhTho"''  *^ 
three,  may  lay  out  and  have  the  location  of  its  canal,  not  "■^^surer. 
exceeding  one  thousand  feet  wide,  and  shall  within  six 
months  from  the  passage  of  this  act  file  the  location  thereof 
with  the  county  commissioners  for  the  county  of  Barnstable, 
defining  the  courses,  distances  and  boundaries  thereof,  in  the 
manner  provided  for  filing  railroad  locations.     Said  corpo- 
ration may  from  time  to  time  purchase  or  take  any  land  or 
materials  necessary  for  making  or  securing  a  convenient  use 
of  its  canal,  breakwaters,  basins, docks,  wharves,  gates,  high- 
ways, or  other  structures  and  works,  in  the  manner  in  which 
land  or  materials  are  taken  for  the  construction  of  railroads. 

Section  5.  Said  corporation  shall  pay  all  damages  Damages. 
occasioned  to  the  Old  Colony  Railroad  Company  or  to 
the  New  York,  New  Haven  and  Hartford  Eailroad  Com- 
pany by  laying  out  and  making  said  canal,  or  by  taking 
land  or  materials  therefor,  or  by  any  change  required 
under  this  act  of  the  road  of  either  of  said  railroad  com- 
panies ;  and  such  damages,  on  the  application  of  either 
part}^  shall  be  estimated  by  the  county  commissioners  for 
the  county  of  Barnstable,  in  the  manner  and  subject  to 
the  rules  of  law  provided  for  determining  the  damages  for 
taking  land  in  laying  out  railroads.  Either  party  dis- 
satisfied with  the  estimate  of  the  county  commissioners 
may,  at  any  time  within  one  year  after  it  is  completed 
and  returned,  apply  by  petition  to  the  superior  court  for 
the  county  of  Barnstable  for  a  jury  to  assess  the  damages, 
and  like  proceedings  shall  be  had  thereon  as  in  proceed- 
ings for  damages  for  laying  out  railroads. 


574: 


Acts,  1896.  — Chap.  54:2. 


Crossing  of 
canal  by  tracks 
of  Old  Colony 
Kailroad 
Company. 


Railroad  com- 
missiuntTS  to 
prescribe  when 
and  how  loca- 
tion of  railroad 
shall  be 
altered. 


Section  G.  The  canal  company,  within  six  months 
from  the  passage  of  this  act,  may  apply  to  the  l^oards  of 
railroad  commissioners  and  of  harbor  and  land  commis- 
sioners, who  for  the  purposes  hereinafter  stated  are  con- 
stituted a  joint  board,  to  determine  at  what  point  or  points 
the  raih'oad  of  the  Old  Colony  Railroad  Company  shall 
cross  said  canal,  by  a  drawbridge  or  bridges.  Said  joint 
board  thereupon,  after  notice  to  the  Old  Colony  Railroad 
Company  and  to  all  other  parties  interested,  which  notice 
shall  be  given  in  such  form  as  said  joint  board  shall  direct, 
shall  determine  said  questions,  and  the  decision  of  a 
majority  of  said  joint  board  shall  be  final.  Said  canal 
company  shall  construct  its  canal  with  such  structures 
and  appliances  for  its  protection  and  use  as  said  joint 
board  may  order,  together  with  such  bridge  or  bridges, 
ferries,  and  changes  of  highways,  under  the  supervision 
of  said  joint  board,  as  shall  be  in  accordance  with  plans 
approved  by  them  and  in  conformity  with  such  orders  as 
they  may  make  ;  and  the  supreme  judicial  court  shall  have 
jurisdiction  in  equity  to  enforce  such  orders. 

Sectiox  7.  The  board  of  railroad  commissioners,  after 
due  notice  to  all  parties  interested  and  after  hearing  all 
who  shall  appear,  shall  determine  and  prescribe  in  writing 
the  time  when  and  the  manner  in  which  the  Old  Colony 
Railroad  Company  shall  alter  its  location  so  as  to  cross 
said  canal  at  such  point  or  points  as  may  be  determined 
upon  ])y  the  joint  board  hereinbefore  provided ;  and  in 
making  such  alterations,  said  railroad  corporation  shall 
have  all  the  powers  and  privileges  and  shall  be  subject  to 
all  the  duties,  restrictions  and  liabilities  set  forth  in  all 
general  laws  relating  to  railroads,  except  that  the  damages 
of  land  owners  shall  be  assessed  only  against,  and  shall  be 
paid  by,  said  canal  company,  as  in  case  of  land  taken  for 
railroad  purposes.  The  canal  company  may  thereupon 
proceed  to  build  the  railroad  upon  the  new  location,  and 
may  complete  the  same  in  such  manner  as  may  be  pre- 
scribed by  the  railroad  commissioners  and  to  their  satis- 
faction, in  case  the  parties  do  not  agree  upon  the  same ; 
and  shall  pay  all  damages  caused  by  the  construction  of 
said  railroad  upon  such  new  location,  and  shall  be  liable  for 
such  damages  as  in  case  of  the  construction  of  railroads. 
Until  the  completion  of  the  railroad  upon  the  new  location 
said  canal  company  shall  not  enter  upon  the  old  location 
of  said  railroad  except  for  making  surveys  or  by  consent 


Acts,  1896.  — Chap.  542.  575 

of  the  Old  Colony  Railroad  Company,  or  of  the  railroad 
commissioners.  Damages  occasioned  to  the  Old  Colony  Damages. 
railroad  by  its  compliance  with  the  requirements  of  this 
act  may  be  recovered  by  it  of  the  canal  company,  in  the 
manner  provided  by  law  for  the  recovery  of  damages 
caused  by  the  location  and  construction  of  railroads. 

Sectiox  8.  The  Old  Colony  Eailioad  Company  shall  J;°i°r''oid°coL. 
have  its  location,  not  exceeding  live  rods  in  width,  upon  p^^oy- 
any  land  owned  or  located  upon  by  said  canal  company, 
up  to  the  said  bridge  or  bridges  on  each  side  thereof: 
providedy  that  all  reasonable  use  of  said  location  by  the 
said  canal  company  for  the  purpose  of  operating  its  canal 
and  for  highway  purposes,  and  under  the  direction  of  the 
railroad  commissioners,  shall  be  permitted  by  the  railroad 
company,  without  payment  of  rent. 

Section  9.     The  Old  Colony  Railroad  Company,  upon  Railroad  com- 
the  completion  and  acceptance  by  the  board  of  railroad  cenai™ unused 
commissioners  of  the  newly  constructed  railroad  and  bridge  '""'^®"^'^- 
or  bridges,  as  above-provided,  may  at  its  option  take  such 
iron  and  other  materials  as  may  remain  upon  that  portion 
of  the   line  of  said  railroad  which  is  to  be  given  up,  and 
shall  allow  or  pay  to  the  said  canal  company  the  value 
thereof,  such  value  to  be  determined  by  the  county  com- 
missioners of  the  county  of  Barnstable  in  case  the  parties 
do  not  agree  upon  the  same. 

Sectiox  10.     Upon  the  completion  and  acceptance  by  the  Titie  to  certain 
board  of  railroad  commissioners  of  the  newly  constructed  v^stinthecanai 
railroad  and  bridge  or  bridges  as  above-provided,  the  title  •^""'P""^- 
of  said  railroad  company  to  the  land  covered  by  the  old 
location  of  said  railroad,  so  far  as  the  same  is  included 
within  the  location  made  by  said  canal  company,  shall  vest 
in  and  become  the  property  of  said  canal  company. 

Section  11.     The  canal  company  shall  build  and  main-  Bridge  or 
tain  and  keep  in  repair  a  bridge  or  bridges  across  said  the  clfnauo^be 
canal,  suitable  for  the  passing  of  the  railroad  and  highway  "he'canaTcom- 
traffic,  as  said  joint  board  shall  determine,  which  bridge  or  P^°y- 
bridges  shall  have  a  suitable  draw  or  draws  for  the  passage 
of  vessels,  and  shall  be  constructed  to  the  acceptance,  and 
shall  be  maintained  under  the  supervision,  of  the  board  of 
railroad   commissioners.     The  Old  Colony  Railroad  Com-  Railroad  com- 
pany    shall    appoint   a  superintendent  and   all   necessary  rBupeHn.^^°'° 
assistants  for  such  bridge  or  bridges,  who  shall  be  paid  by  Pendent,  etc. 
said  canal  company  a  reasonable  compensation,  to  be  fixed 
by  the  railroad  commissioners.     Said  superintendent  shall 


576 


Acts,  1896.  — Chap.  542. 


Penalty  for 
opening  or 
obstructing 
Bwing  or  lift 
bridge  unlaw- 
fully. 


Penalty  for 
injury  to 
bridges,  etc. 


Ferries  to  be 
provided,  etc. 


have  full  control  and  direction  of  the  passing  of  vessels 
through  the  draw  and  of  trains  over  the  bridge,  and  with 
said  assistants  shall  be  subject  to  such  rules  and  regula- 
tions, not  inconsistent  with  law,  as  said  railroad  and  canal 
company  shall  from  time  to  time  prescribe  for  the  opera- 
tion of  said  bridge ;  but  such  rules  and  regulations  shall 
be  subject  to  approval  and  alteration  by  the  said  board  of 
railroad  commissioners.  Said  superintendent  and  assist- 
ants shall  be  subject  to  removal  by  said  board  of  railroad 
commissioners.  In  case  of  injury  to  or  of  the  destruction 
of  any  railroad  bridge  over  the  canal  the  railroad  com- 
pany may  repair  or  rebuild  it,  and  recover  the  reasonable 
expense  thereof  of  the  canal  company  in  an  action  of 
contract,  unless  such  injury  or  destruction  was  caused 
b}'  the  fault  of  the  railroad  company,  in  which  case  the 
expense  shall  be  borne  by  the  railroad  company. 

Section  12.  Whoever  unnecessarily  opens,  shuts  or 
obstructs  the  swing  or  lift  bridge  without  consent  of  the 
superintendent  in  charge,  or  without  such  consent  makes 
fast  or  moors  to,  or  being  in  charge  thereof  refuses  to 
unloose  or  unmoor  any  scow,  raft  or  other  vessel  from  any 
of  said  bridges  within  wake  of  the  draw  or  lift,  shall  pay 
a  fine  of  not  less  than  three  dollars  or  more  than  hfty 
dollars  for  each  offence,  to  be  recovered  for  the  benefit  of 
said  canal  company. 

Section  13.  Whoever  wilfully  injures  or  damages  said 
bridges,  wharves  or  piers,  or  wilfully  disturbs  or  hinders 
the  superintendent  or  his  assistants  in  the  discharge  of 
their  duties,  shall  forfeit  for  each  offence  a  sum  not  ex- 
ceeding one  hundred  dollars,  and  shall  be  further  liable 
in  damages  to  the  canal  company  for  each  ofience,  to  be 
recovered  for  the  use  of  the  canal  company. 

Section  14.  The  said  canal  company  shall  provide 
and  maintain  in  the  town  of  Bourne,  at  such  points  as 
may  be  designated  by  the  county  commissioners,  suitable 
ferries  or  bridges  across  the  canal  for  passengers  and 
teams,  to  be  operated  free  from  tolls,  under  reasonable 
rules  to  be  established  by  the  county  commissioners, 
except  that  the  canal  company  shall  not  be  required  to 
maintain  a  ferry  if  a  highway  bridge  or  tunnel  shall  be 
built  at  or  near  any  of  said  points.  Said  canal  company 
shall  forfeit  fifty  dollars  to  the  town  of  Bourne,  or  to  the 
town  of  Sandwich,  as  the  case  may  be,  for  each  day  after 
any  highway  is  cut  away  in  which  said  canal  company 


Acts,  1896.  — Chap.  542.  577 

shall  fail  to  provide  and  maintain  a  ferry  or  other  means 
of  crossing  at  the  point  where  such  highway  is  cut  away, 
to  be  recovered  upon  complaint  or  indictment  in  the  county 
of  Barnstable,  to  the  use  of  said  town  of  Bourne,  or  of  said 
town  of  Sandwich,  as  the  case  may  be. 

Section  15.  The  said  canal  company  shall  also  con- Highways,  etc., 
struct  such  highways  over  its  location  to  connect  with  the  structed"' 
bridge  or  bridges,  tunnel  or  tunnels,  and  ferries  herein 
provided  for,  and  such  other  highways  as  may  be  neces- 
sary to  replace  the  highways  destroyed  by  the  construction 
of  said  canal,  in  such  manner  and  at  such  times  as  the 
county  commissioners  for  the  county  of  Barnstable  and 
selectmen  of  the  town  or  towns  in  which  said  highways 
are  located  shall  prescribe.  After  the  completion  of  such 
highways,  and  their  acceptance  by  the  said  county  commis- 
sioners, the  said  canal  company  shall  not  be  responsible 
in  any  manner  for  the  further  maintenance  of  the  same, 
except  upon  the  location  of  said  canal  company. 

Section  16.  The  said  canal  company  shall,  in  case  of  j^iTA^o  ^°' 
any  injury  to  any  fishery,  including  oyster  fisheries,  pay  fisheries. 
to  the  owner  thereof  such  damages  as  shall,  upon  the 
application  of  either  party,  be  estimated  by  the  commis- 
sioners on  inland  fisheries  and  game,  in  a  manner  similar, 
so  far  as  may  be,  to  that  provided  in  laying  out  highways, 
and  with  a  similar  right  of  appeal  to  a  jury  by  proceedings 
like  those  provided  for  in  section  five  of  this  act. 

Section  17.  The  said  canal  company  may  establish  Je^sleis^e"" 
for  its  sole  benefit  a  toll  upon  all  vessels  or  water  craft  of  using  c'auai.' 
whatever  description  which  may  use  its  canal,  at  such 
rates  as  the  directors  thereof  may  determine ;  and  may, 
from  time  to  time,  regulate  such  use  in  all  respects  as  tlie 
directors  may  determine.  Said  corporation  may  also  fur- 
nish towage  through  said  canal  for  all  vessels  or  water 
craft  which  require  it,  for  which  service  it  may  establish 
for  its  sole  benefit  such  tolls  or  charges  as  the  directors 
thereof  may  determine. 

Section  18.     Whoever  fraudulently  evades  or  attempts  renaityfor 
to  evade  the  payment  of  any  toll  or  charge  lawfully  es-  mrntoftoX 
tablished  under  section  seventeen  of  this  act,  either  by  ^''^' 
misrepresenting  the  register  or  draught  of  any  vessel  or 
otherwise,  shall  pay  a  fine  of  not  less  than  five  dollars 
nor  more  than  five  hundred  dollars,  to  be  recovered  for 
the    benefit    of  said   canal    company,   and   shall   also    be 
answerable  for  damages  to  said  canal  company. 


578 


Acts,  1896.  — Chap.  542. 


Penalty  for 
obstructing 
paesage  of 
veesels,  etc. 


CompenBation 
of  county  com- 
miBsiouerg. 


Proviso. 


Location  of 
canal  subject  to 
taxation. 


Canal  to  be 
completed 
within  five 
years. 


To  be  void 
unless  deposit 
is  made  with 
the  treasurer  of 
the  Common- 
wealth, etc. 


Section  19.  Whoever  wilfully  and  maliciously  ob- 
structs the  passing  of  any  vessel  or  steam  tug  or  other 
water  craft  in  said  canal,  or  obstructs  the  approaches  to 
said  canal  within  two  thousand  feet  of  either  extremity 
thereof,  or  in  any  way  injures  said  canal  or  its  banks, 
bridge  or  bridges,  breakwaters,  docks,  wharves,  locks, 
gates  or  other  structures  or  works,  lights,  buoys,  signals, 
or  anything  appertaining  thereto,  or  any  materials  or  im- 
plements for  the  construction  or  use  thereof,  or  aids  or 
abets  in  such  trespass  or  injuries,  shall  forfeit  to  the  use 
of  the  corporation,  for  each  oflence,  treble  the  amount  of 
damages  proved  to  have  been  sustained  thereby,  to  be 
recovered  in  an  action  of  tort  in  the  name  of  the  corpora- 
tion, and  may  further  be  punished  by  a  fine  not  exceeding 
one  thousand  dollars  or  by  imprisonment  for  a  term  not 
exceeding  one  year. 

Section  20.  Said  canal  company  shall  pay  each  of  the 
county  commissioners  the  sum  of  six  dollars  per  day  for 
their  services  and  expenses  for  the  time  actually  consumed 
in  discharging  their  duties :  providedy  hoivever^  that  said 
canal  company  shall  not  be  required  to  pay  either  of  said 
commissioners  for  more  than  fifty  days'  service  in  one 
year.  The  said  canal  company  shall  further  pay  to  the 
towns  of  Bourne  and  Sandwich  respectively,  the  sum  of 
five  hundred  dollars  each,  as  an  allowance  for  expenses 
that  may  be  incurred  by  said  towns  on  account  of  said 
canal  company.  Said  sum  shall  be  paid  to  said  towns 
within  six  months  from  the  first  day  of  December  in  the 
year  eighteen  hundred  and  ninety-six. 

Section  21.  The  towns  of  Sandwich  and  Bourne  may 
tax  the  land  within  the  location  of  said  canal  to  said  canal 
company,  upon  the  assessed  valuation  of  the  land  at  the 
time  of  the  taking  thereof  by  said  company,  and  until  the 
canal  is  constructed  thereon  and  is  in  actual  operation. 

Section  22.  Said  canal  company  shall  commence  the 
construction  of  said  canal  within  eight  months  from  the 
date  of  the  passage  of  this  act,  and  shall  fully  complete 
and  construct  the  same  within  five  years  from  the  date  of 
its  passage. 

Section  23,  This  act  shall  become  null  and  void 
unless  said  canal  company  shall,  on  or  before  the  first 
day  of  December  in  the  year  eighteen  hundred  and  ninety- 
six,  and  before  any  part  of  the  canal  shall  have  been  con- 
structed, deposit  with  the  treasurer  gf  the  Commoawealth 


Acts,  1896.  — Chap.  5^2.  579 

the  sum  of  two  hundred  thousand  dollars  in  cash  or  in 
United  States  government  bonds,  as  security  for  the  pay- 
ment of  all  damages  for  the  taking  of  land  by  said  com- 
pany ;  which  said  money  or  bonds  shall  be  subject  to 
attachment  or  levy  upon  any  legal  process  issued  in  be- 
half of  any  person  against  said  company  for  the  recovery 
of  damages  for  the  taking  of  land. 

Section  24.  All  persons  whose  lands  shall  be  taken  owners  of  land 
under  the  location  filed  by  said  canal  company  under  statement,  etc. 
section  four  of  this  act  shall,  within  ninety  days  after 
the  filing  of  such  location,  file  with  the  county  commis- 
sioners of  the  county  of  Barnstable  a  written  statement 
setting  forth  substantially  the  amount  of  land  so  taken, 
and  the  amount  of  damages  claimed  by  them  respectively 
for  the  taking  thereof,  and  the  county  commissioners 
shall  thereupon,  after  giving  to  all  parties  interested  such 
notice  as  they  shall  deem  sufiicient,  determine  and  award 
the  amount  of  damages  to  which  such  persons  are  entitled. 

Section  25.     Any  party  dissatisfied  with  the  award  of  fa^j'glfea'^with 
the   county  commissioners    may,  at  anytime  within  one  ^'^'"••i  f"""  t*"™- 
year  after  the   date  of  such  award,  apply  by  petition  to  for  a  jury,  etc. 
the  superior  court  of  the  county  of  Barnstable  for  a  jury 
to  assess  the  damages,  and  like  proceedings  shall  be  had 
therein  as  in  proceedings  for  damages  for  laying  out  rail- 
roads.    The  treasurer  of  the  Commonwealth  is  hereby 
empowered  and  directed,  upon  the  filing  with  him  of  a 
certified  copy  of  the  final  decree  as  appears  of  record  in 
any  such  proceeding,  to  pay  to  the  parties  appearing  by 
such  decree  to  be  entitled  thereto,  or  their  legal  rej^re- 
sentatives,  the  sum  of  money  set  forth  in  said  decree. 

Section  26.     The  treasurer  of  the  Commonwealth,  for  Treasurer  may 

,  T  /.  •  T  /•         J 1  J       /•  1  use  deijosit  in 

the  purpose  oi  providmg  tor  the  payment  ot  such  sums  payment  of 
of  money  as  he  may  l)e  required  to  pay  under  sections  '*'""'*8®^' 
twenty-four  and  twenty-five  of  this  act,  is  hereby  empow- 
ered and  authorized  to  sell  and  dispose  of  at  public  auction 
such  amounts  of  United  States  bonds,  deposited  with  him 
under  section  twenty-three  of  this  act,  as  may  be  necessary 
for  that  purpose. 

Section  27.     Said  canal  company  shall  file  with  the  copy  of  claims 
treasurer    of  the   Commonwealth  a  certified   copy  of  all  be'^melTbl^th" 
claims  filed  with  the  county  commissioners  under  section  '"'°^'  company. 
twenty-four  of  this  act,  and  the  said  treasurer  shall  there- 
upon compare  such  list  of  claims  with  his  records  of  pay- 
ments made  under  sections  twenty-four  and  twenty-five 


580  Acts,  1896.  — Chaps.  543,  544. 

of  this  act,  and  if  it  shall  appear  by  his  records  that  all 
of  such  claims  have  been  paid,  he  shall  thereupon  pay 
over  to  said  canal  company  the  remainder  of  the  cash  or 
bonds  deposited  with  him  under  section  twenty-three  of 
this  act. 

Section  28.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 


ChapMS 


An  Act  relative  to  the  allen  gymnasium  company. 
Be  it  enacted,  etc.,  as  follorus : 

Sl^"bi reduced       Section  1.     The  Allcu  Gymuasium  Company,  a  cor- 
etc.  '  poration  organized  under  the  provisions  of  chapter  one 

hundred   and   fifteen  of  the  Public   Statutes,  may,   at  a 
meeting  called  for  the  purposes,  reduce  the  amount  of  its 
capital  stock  and  the  number  of  shares  therein,  or  change 
Proviso.  |.|jg  pg^j.  value  of  its  shares :  provided^  that  a  certificate  of 

such  change  shall  within  ten  days  thereafter  be  made, 
signed  and  sworn  to  by  its  president,  treasurer  and  a 
majority  of  its  directors,  and  be  filed  in  the  office  of  the 
secretary  of  the  Commonwealth. 

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

Approved  June  9,  1S96. 


Chap.544: 


An  Act  relative  to  the  use  of  streets  by  corporations. 
Be  it  enacted,  etc.,  asfolloivs: 

Ttiiended  ^  ^^'  Section  1.  Sectiou  seventy-five  of  chapter  one  hun- 
dred and  six  of  the  Public  Statutes  is  hereby  amended  by 
inserting  after  the  word  "companies",  in  the  first  line, 
the  words  :  —  corporations  organized  for  the  purpose  of 
transporting  the  United  States  mail,  merchandise  and 
other  articles  by  means  of  pneumatic  pressure  or  power,  — 

Certain  cor-       go  as  to  read  as  follows  :  —  Section  75.     Gas  light  com- 

porationB  may  .  •        i     j-         ^i  e  j. 

dig  up  etreetB,  panics,  corporations  organized  tor  the  purpose  ot  trans- 
porting the  United  States  mail,  merchandise  and  other 
articles  by  means  of  pneumatic  pressure  or  power,  and 
corporations  organized  for  either  or  both  of  the  purposes 
mentioned  in  section  eleven,  may,  with  the  consent  in 
writing  of  the  mayor  and  aldermen  of  a  city  or  the  select- 
men of  a  town,  dig  up  and  open  the  grounds  in  any  of  the 
streets,  lanes,  and  highways  thereof,  so  far  as  is  necessary 
to  accomplish  the  objects  of  the  corporation ;  but  such 
consent  shall  not  affect  the  right  or  remedy  to  recover 
damages  for  an  injury  caused  to  persons  or  property  by 


etc 


Acts,  1896.  — Chap.  644.  681 

the  doings  of  such  corporations.  They  shall  put  all  such 
streets,  lanes,  and  highways  which  are  opened,  into  as  good 
repair  as  they  were  in  when  opened ;  and  upon  failure  so 
to  do  within  a  reasonable  time,  shall  be  deemed  guilty  of 
a  nuisance. 

Section  2.  Section  seventy-six  of  chapter  one  hun- p.  s.  loe,  §  76, 
dred  and  six  of  the  Public  Statutes  is  hereby  amended  by  ''™'^°  ^ 
striking  out  in  the  second  line  of  said  section,  the  words 
"a  gas  company",  and  inserting  in  place  thereof  the 
words  :  —  any  gas  light  company,  or  of  any  corporation 
organized  for  the  purpose  of  transporting  the  United 
States  mail,  merchandise  or  other  articles  by  means  of 
pneumatic  pressure  or  power,  or  of  any  corporation 
organized  for  either  or  both  of  the  purposes  mentioned  in 
section  eleven,  —  also  by  striking  out  the  words  "  the  gas 
company  ",  in  line  seven  of  said  section,  and  the  words 
"such  company",  in  line  eight,  and  also  in  line  nine  of 
said  section,  and  inserting,  in  each  instance,  in  place  of 
the  words  so  stricken  out,  the  words  :  —  said  company  or 
corporation,  —  so  as  to  read  as  follows  :  —  /Section  76.  Liability  for 
When  a  party  injured  in  his  person  or  property  by  a  persons  or 
defect  in  a  highway,  caused  by  the  operations  of  any  gas  ^''^p^'^^' 
light  company,  or  of  any  corporation  organized  for  the 
purpose  of  transporting  the  United  States  mail,  merchan- 
dise or  other  articles  by  means  of  pneumatic  pressure  or 
power,  or  of  any  corporation  organized  for  either  or  both 
of  the  purposes  mentioned  in  section  eleven  in  laying  down 
or  repairing  its  pipes  or  otherwise  obstructing  such  way, 
recovers  damages  therefor  of  the  place  wherein  such  injury 
is  received,  such  place  shall,  in  addition  to  the  damages  so 
recovered  against  it,  be  entitled  to  recover  all  the  taxable 
costs  of  the  plaintiff  and  defendant  in  the  same  action,  in 
a  suit  brought  against  said  company  or  corporation,  if  said 
company  or  corporation  is  liable  for  said  damages,  and  if 
reasonable  notice  is  given  by  such  place  to  said  company 
or  corporation,  so  that  it  may  defend  the  original  action. 

Section   3.     All  issues  of  stock  and  bonds  under  the  issues  of  stock 
provisions  of  this  act  shall  be  subject  to  the  approval  and  "°  ''°'"**'  ^'"' 
certification  of  the  board  of  gas  and  electric  light  commis- 
sioners, in  the  manner  provided  in  chapter  four  hundred 
and  fifty  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four. 

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

Apiiroved  June  .9,  1896. 


582 


Acts,  1896.  — Chap.  545. 


Interior  finish 
of  Memorial 


ChCirj.54:5  ^^  ^CT  to  provide  for   the   INTERIOR   FINISH  OF   MEMORIAL   HALL 

IN  THE   STATE  HOUSE   EXTENSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     To  provide   for  the  interior  finishing  of 
Memorial  Hall,  and  the  approaches  thereto,  in  the  state 
house  extension,  so-called,  the  treasurer  and  receiver  gen- 
eral is  hereby  authorized,  with  the  approval  of  the  governor 
and  council,  to  issue  scrip  or  certificates  of  indebtedness 
to  an  amount  not  exceeding  two  hundred  and  fifty  thousand 
dollars,  for  a  term  not  exceeding  twenty  years,  the  same 
to  be  in   addition  to  the   state   house   construction    loan 
authorized  by  chapter  three  hundred  and  ninety-four  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-nine,  and 
chapter  four  hundred  and  ninety  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five.     Said  scrip  or  certifi- 
cates of  indebtedness  shall  be  issued  as  registered  bonds  or 
with  interest  coupons  attached,  and  shall  bear  interest  at  a 
rate  not  exceeding  four  percent,  per  annum,  payable  semi- 
annually on  the  first  days  of  April  and  October  in  each 
year,  shall  be  redeemable  at  maturity  in  the  gold  coin  of 
the  United  States  or  its  equivalent,  shall  be  designated  on 
the  face  thereof.  State  House  Construction  Loan,  shall  be 
countersigned  by  the  governor,  and  shall   be  deemed  a 
pledge  of  the  faith  and  credit  of  the  Commonwealth ;   and 
said  scrip  or  certificates  of  indebtedness  shall  be  sold  in 
such  instalments  as  the  governor  and  council  may  deter- 
mine, by  public  advertisement  to  the  lowest  bidder,  at  not 
less  than  the  par  value  thereof,  or  in  such  other  manner  as 
the  governor  and  council  may  determine  to  be  for  the  best 
interest  of  the  Commonwealth.      The  sinking  fund  estab- 
lished by  chapter  three  hundred  and  ninety-four  of  the  acts 
of  the  year  eighteen  hundred  and  eighty-nine,  as  extended 
by  chapter  thirty -nine  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-five,  shall  also  be  maintained  for  the  pur- 
pose of  extinguishing  bonds  issued  under  the  authority  of 
this  act,  and  the  treasurer  and  receiver  general  shall  ap- 
portion thereto   from  year  to  year  an  amount   sufficient 
with   the    accumulations   of   said   fund   to  extinguish    at 
maturity  the  debt  incurred  by  said  bonds.     The  amount 
necessary  to  meet  the  annual  sinking  fund  requirements 
and  to  pay  the  interest  on  said  bonds  shall  be  included  in 
and  be  made  a  part  of  the  annual  state  tax  levy,  and  any  pre- 
mium over  the  par  value  of  said  bonds  received  from  the 


state  House 
Construction 
Loan. 


Sinking  fund. 


Acts,  1896.  — Chap.  546.  583 

sale  thereof  shall  form  part  of  the  sinking  fund  for  their 
redemption. 

Section  2.     The  state  house  construction  commission-  DrawingB,  etc., 
ers  shall  submit  detailed  drawings  of  the  proposed  interior  appro'vVi^of 
finish  of  Memorial  Hall  to  the  governor  and  council,  who,  coundret".'^ 
before   their  approval  of  the  same,  shall  be  satisfied  that 
the  plan  for  the  interior  finishing  can  be  carried  out  for  the 
sum  herein  authorized. 

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

Ajiproved  June  9,  1896. 

An  Act  relative  to  the  licensing  of  engineers  and  firemen  f^Jjfjj^  ^ii(\ 
OF  stationary  engines.  ^  ** 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  shall  be  unlawful  for  any  person  to  have  Persons  in 
charge  of,  or  to  operate  a  steam  boiler  or  engine  in  this  Com-  t'ain'^fteara'""^" 
monwealth  (except  locomotive  boilers  and  engines,  boilers  be'ifceMtd!' *" 
in  private  residences,  boilers  under  the  jurisdiction  of  the 
United  States,  boilers  used  for  agricultural  purposes  ex- 
clusively, boilers  of  less  than  eight  horse  power,  and 
boilers  used  for  heating  purposes  only,  provided  with  a 
device  approved  by  the  chief  of  the  district  police  limiting 
the  pressure  caiTied  to  fifteen  pounds  to  the  square  inch) , 
unless  he  holds  a  license  as  hereinafter  provided ;  and  it 
shall  be  unlawful  for  any  owner  or  user  of  any  steam 
boiler  or  engine  (other  than  those  above  excepted)  to 
operate  or  caused  to  be  operated  a  steam  boiler  or  engine, 
for  a  period  of  more  than  one  week,  without  a  duly 
licensed  engineer  or  fireman  in  charge  :  provided,  however, 
that  every  person  who  has  been  employed  continuously  as 
a  steam  engineer  in  this  Commonwealth  for  the  period  of 
five  years  next  prior  to  the  passage  of  this  act,  and  who 
files  with  his  application  a  certificate  of  such  fact  under 
oath,  accompanied  by  a  statement  from  his  employer  or 
employers  verifying  the  same  fact,  shall  be  entitled  to  a 
license  without  further  examination. 

Section  2.     Any  person  desiring  to  act  as  an  engineer  Granting  of 

n  1111  1'       i^-  c  1'  ,  1    licenses,  ete. 

or  fireman,  shall  make  application  tor  a  license  to  so  act 
to  an  examiner  of  engineers,  upon  blanks  to  be  furnished 
by  the  examiner,  and  if  upon  examination  the  applicant 
is  found  trustworthy  and  competent,  a  license  shall  be 
granted  to  him.  Such  license  shall  continue  in  force  for 
three  years,   unless  for  a  sufficient  cause,   affecting  the 


584  Acts,  1896.  — Chap.  546. 

trustworthiness  or  competency  of  the  person  licensed,  and 
after  a  hearing,  the  same  is  sooner  revoked ;  and  the  said 
license  unless  so  revoked  shall  at  the  end  of  said  three 
years  be  renewed  by  an  examiner  of  engineers,  upon  ap- 
plication, and  without  examination. 

Applications.  Section  3.  All  appHcatious  for  licenses  shall  be  ac- 
companied by  a  fee  of  one  dollar,  and  a  like  sum  shall  be 
paid  for  all  renewals  of  licenses.  All  fees  so  paid  shall 
be  accounted  for  by  the  examiners  to  the  chief  of  the 
district  police,  who  shall  return  the  same  monthly  to  the 
treasurer  of  the  Commonwealth. 

Examiners,  etc.  Section  4.  The  members  of  the  boiler  inspection  de- 
partment of  the  district  police  shall  act  as  examiners,  and 
shall  enforce  the  provisions  of  this  act,  and  the  governor 
of  the  Commonwealth  is  authorized  to  appoint  two  addi- 
tional inspectors  to  act  as  examiners  of  engineers,  under 
this  act,  at  an  annual  salary  of  fifteen  hundred  dollars  and 
their  actual  travelling  and  necessary  expenses. 

faaBfiedmay  SECTION  5.     Any  pcrson  dissatisfied  with  the  action  of 

appeal,  etc.  any  examiucr  in  refusing  or  revoking  a  license,  may  ap- 
peal from  his  decision  to  the  five  other  examiners,  who 
shall  together  act  as  a  board  of  appeal,  and  a  majority  of 
whom  shall  have  power  to  hear  the  parties  and  pass  upon 
the  subjects  of  appeal.  The  decision  of  said  majority* 
of  the  remaininof  examiners  so  acting;  shall  be  final,  if 
approved  by  the  chief  of  the  district  police. 

fo^notlfied'^*^      Section  6.     It  shall  be  the  duty  of  the  examiners  to 

by  examiners,  notify  cvcry  persou  whose  names  and  addresses  are 
known  to  them,  and  who  will  require  licenses  under  the 
provisions  of  this  act,  to  apply  for  said  licenses,  and  to 
give  such  persons  a  reasonable  opportunity  to  be  examined 
within  the  city  or  town  where  they  reside  or  are  employed. 

Penalty.  Section  7.     Whocvcr  intentionally  violates  the  provi- 

sions of  section  one  of  this  act  shall  be  punished  by  fine 
not  exceeding  three  hundred  dollars,  or  by  imprisonment 
not  exceeding  three  months. 

Repeal,  etc.  Section  8.     All  acts  or  pai"ts  of  acts  inconsistent  here- 

with are  hereby  repealed.  The  provisions  of  this  act,  so 
far  as  they  are  the  same  as  those  of  chapter  four  hundred 
and  seventy-one  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-five,  shall  be  construed  as  a  continuation  of 
that  chapter  and  not  as  new  enactments. 

Section  9.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  9,  1S96. 


Acts,  1896.  — Chap.  547. 


585 


ChapMl 


An  Act  relative  to  registration  in  the  city  of  boston. 
Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  board  of  election  commissioners  of  ^g^g^auon 
the  city  of  Boston  shall  cause  to  be  prepared  books  for  the  B°'8ton ''etc 
registration  required  by  section  six  of  chapter  four  hun- 
dred and  forty-nine  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-hve,  as  amended  by  chapter  three  hundred  and 
sixty-three  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-six,  to  be  made  of  the  qualified  male  voters  of  said 
city  l^etvveen  the  fifteenth  day  of  June  and  the  first  day  of 
October  in  the  year  eighteen  hundred  and  ninety-six  and 
in  every  tenth  year  thereafter.  And  said  board  shall  pro- 
vide books  for  the  registration  of  the  qualified  male  voters 
registered  between  the  years  in  which  a  new  registration 
is  made  as  provided  by  said  chapter  four  hundred  and 
forty-nine,  as  amended  by  chapter  three  hundred  and  sixty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
six.  Said  books  shall  be  known  as  registers  and  shall  be 
so  arranged  as  to  admit  of  the  entering  under  the  name  of 
each  street  or  avenue  in  the  precinct  and  the  number  of 
each  dwelling  in  any  such  street  or  avenue,  if  there  be  a 
number  thereto,  and  if  there  be  no  number,  under  such 
other  definite  description  of  the  location  of  the  dwelling 
place  as  shall  enable  it  to  be  readily  ascertained,  found 
and  located,  of  the  names  of  all  male  persons  resident  in 
each  dwelling  in  each  of  said  precincts  who  shall  apply 
for  registration.  Such  register  shall  be  ruled  in  parallel 
columns  in  which  opposite  to  and  against  the  name  of 
every  applicant  shall  be  entered  the  words  and  figures 
hereinafter  provided  in  this  chapter,  and  shall  on  the  inside 
be  in  form  substantially  as  follows  :  — 


.Street. 


Form  of 
register. 


o 

p. 

Term  op 
Residence. 

3 
o 

J3 

P. 

Personal 
Description. 

O. 

< 

Fl 

u 
3 

a 

a 

0) 

>> 

■a 
1 

.2 

a 
ft 

o 
"S  . 

O 

Oh 
o 

is 

a  3 

O    O    CrH 

03 

S 

O 

^ 

l.'O 

Q 

!s 

!zi 

02 

CB 

O 

O 

CLi 

cu 

o 

O 

<1 

w 

Oh 

586  Acts,  1896.  — Chap.  547. 

^grstradonu)''  Section  2.  At  the  times  fixed  by  law  when  voters 
efc!^''™'"^^'  ™^y  ^^  registered,  said  board  or  its  deputies  shall  then 
examine  each  applicant  under  oath  as  to  his  qualifications 
as  a  voter,  and  unless  otherwise  provided  herein  shall 
immediately  and  in  the  presence  of  the  applicant  enter  in 
the  registers,  to  be  made  and  furnished  as  provided  in  this 
act,  the  statements  below  set  forth  and  in  the  manner 
following,  namely :  — 

First,  Under  the  column  headed  "  Date  of  Application", 
the  month,  day  and  year  when  the  applicant  presented 
'  himself  and  was  adjudged  a  qualified  voter. 

Second,  Under  the  column  headed  "  No.  of  Residence 
or  other  Designation,  May  1,  1896",  the  name  and  num- 
ber of  the  street,  avenue  or  other  location  of  the  dwelling, 
if  there  is  a  number,  or  if  there  is  no  number  such  clear 
and  definite  description  of  the  place  of  said  dwelling  as 
shall  enable  it  to  be  readily  ascertained,  fixed  and  deter- 
mined ;  in  case  there  is  more  than  one  house  at  the  num- 
ber given  by  the  applicant  as  his  place  of  residence,  in 
which  house  he  resides,  and  if  there  is  more  than  one 
family  residing  in  said  house,  he  shall  state  the  floor  on 
which  he  resides. 

Third,  Under  the  column  headed  "Name",  the  name 
of  the  applicant,  giving  in  full  the  surname  and  the  Chris- 
tian name  or  the  name  by  which  he  is  generally  known, 
and  the  initial  of  every  other  name  which  he  may  have  ;  but 
the  names  of  all  voters  residing-  in  the  same  dwelling  shall 
follow  each  other  and  shall  be  under  the  street  and  house 
number  or  other  description,  as  provided,  of  the  dwelling. 

Fourth,  Under  the  column  headed  "Signature",  the 
applicant  shall  be  required  to  write  his  name  on  a  line 
with  the  statements  as  herein  set  forth. 

Fifth,  Under  the  subdivisions  of  the  general  column 
headed  "  Term  of  Residence",  the  periods  by  months  or 
years  stated  hy  the  applicant  in  response  to  the  inquiries 
made  for  the  purpose  of  ascertaining  his  qualification  and 
filling  such  column. 

Sixth,  Under  the  columns  headed  "Occupation",  and 
"Place  of  Occupation  ",  a  statement  giving  these  facts 
in  full. 

Seventh,  Under  the  column  headed  "  Place  of  Birth", 
the  city  or  town,  county  and  state,  country,  kingdom, 
empire  or  domain,  as  the  fact  may  be,  Avhere  he  was  born, 
shall  be  stated  by  the  applicant. 


Acts,  1896.  — Chap.  547.  587 

Eighth,  Under  the  column  headed  "  Court",  the  desig- 
nation of  the  court  in  which,  if  the  applicant  is  natural- 
ized, such  naturalization  was  had  as  the  same  appears  by 
the  evidence  of  citizenship  submitted  or  presented  by  the 
applicant  in  compliance  with  the  requirements  of  this  act. 

Ninth,  Under  the  column  headed  "Date  of  Papers", 
the  date  of  naturalization,  if  the  applicant  is  naturalized, 
as  the  same  appears  by  the  evidence  of  citizenship  sub- 
mitted or  presented  by  the  applicant  in  compliance  with 
the  requirements  of  this  act. 

Tenth,  Under  the  column  headed  "Personal  Descrip- 
tion", a  statement  containing  the  age,  approximate  height 
and  weight  of  the  applicant. 

Eleventh,  Under  the  column  headed  "Present  Resi- 
dence", a  statement  containing  the  residence  of  the  ap- 
plicant at  the  date  of  registration. 

Section  3.  The  name  of  no  person  shall  at  anytime  voters  desiring 
be  entered  upon  said  register  unless  the  voter  shall  per-  apiK-ar^peV'* 
sonally  appear  before  said  board  or  one  of  its  dc})uties,  """""y*  '*'''^- 
and  be  duly  qualified  according  to  the  requirements  of 
law.  Such  list  when  completed  shall  constitute  and  be 
known  as  the  general  register  of  the  qualified  voters  of 
said  city.  It  shall  be  the  duty  of  every  naturalized  citi- 
zen before  being  registered  to  produce  to  said  board  or 
to  its  duly  qualified  deputies,  his  naturalization  papers,  or 
a  certified  copy  of  the  court  record  thereof,  for  their  in- 
spection, and  to  make  oath  before  them  that  he  is  the 
person  purporting  to  l)e  naturalized  by  the  papers  so 
produced,  and  any  person  knowingly  taking  a  false  oath 
before  said  board  or  before  any  of  its  members  or  deputies 
shall  be  deemed  guilty  of  perjury.  If  at  any  time  i)rior 
to  the  day  of  election  said  ])oard  shall  be  satisfied  that  any 
person  otherwise  eligible  as  a  voter  in  said  city  has  by 
mistake  been  registered  in  the  wrong  precinct  and  is 
entitled  to  be  registered  in  another  precinct  in  the  same 
ward,  they  shall,  after  a  hearing,  strike  his  name  from  the 
register  of  the  first  precinct  and  enter  the  same  on  the 
register  of  such  other  precinct,  with  a  memorandum  of 
such  removal. 

Section  4.     At  the  close  of  registration  in  the  year  usts  of  voters 
eighteen  hundred  and  ninety-six  said  board  shall  cause  to  p"re^c*iuci",*etc^ 
be  made,  by  precincts,  lists  of  the  qualified  voters  of  said 
city  of  such  size  as  to  contain  not  less  than  two  hundred 
names  each  and  so  prepared  that  they  may  be  used  at  each 


588 


Acts,  1896.  — Chap.  547. 


election  in  said  city,  in  the  following  form,  and  shall  enter 
therein  the  names  of  the  persons  registered  under  the  head 
of  the  streets  or  avenues  in  which  they  reside,  their  place 
of  residence,  in  numerical  order,  length  of  time  of  resi- 
dence in  the  state,  in  the  city  and  in  the  ward ;  and  in 
the  column  headed  "Personal  Description",  their  age, 
approximate  height  and  weight.  Such  lists  shall  be  in 
form  substantially  as  follows  :  — 


Form  of  Hats. 


Name  of  street  or  avenue. 


Name. 

Residence, 

Number  or  other 

Designation 

May  1,  1896. 

Term  op  Resi- 
dence. 

Personal  De- 
scription. 

6 

s 

■a 

< 

3 

a 

be 

Lists  to  be 
certltied,  etc. 


Copies  of  pre- 
cinct lists  to  be 
distributed,  etc. 


Section  5.  Each  of  said  lists  when  completed  shall 
be  signed  and  certified  by  said  board  and  shall  be  pre- 
served by  them  for  use  on  the  day  of  election,  by  the 
election  officers,  as  a  check  list  in  their  respective  pre- 
cincts, and  every  person  upon  applying  to  vote  shall  be 
required  to  write  his  name  in  a  book  prepared  for  the 
purpose,  upon  request  of  any  election  officer,  except  that 
a  voter  who  declares  under  oath  to  the  presiding  officer 
that  he  was  a  voter  before  the  first  day  of  May  in  the  year 
eighteen  hundred  and  fifty-seven  and  cannot  read  or  write, 
or  who  declares  that  by  blindness  or  other  physical  dis- 
ability he  is  unable  to  write  his  name,  shall  be  exempt 
from  the  provisions  of  this  section.  No  check  list  shall 
be  used  in  any  precinct  at  any  election  except  the  lists 
prepared  in  accordance  with  the  provisions  of  this  act. 

Section  6.  Said  board  shall  prepare  in  pamphlet  form, 
at  least  one  week  prior  to  the  annual  state  and  city  elec- 
tion, not  less  than  fifty  copies  of  said  lists  of  each  pre- 
cinct, omitting  therefrom  everything  except  the  name  and 
residence  of  the  qualified  voters  of  said  precinct,  and, 
prior  to  the  day  of  each  election,  said  copies  shall  be  dis- 
tributed in  such  manner  as  said  board  may  determine. 
Said  board  shall  also,  not  earlier  than  five  o'clock  in  the 
afternoon  on  the  day  before  each  election,  distribute  to 


Acts,  1896.  — Chap.  548.  589 

the  officers  of  the  two  principal  political  committees  each 
fifteen  copies  of  each  precinct  list  as  prepared  for  use  as 
check  lists  at  the  polls. 

Section  7.  Any  person  who  gives  false  answers  to  Penalty  for 
any  of  the  questions  asked  by  the  said  board  or  by  its  InVwIr.Vtc. 
deputies  under  the  authority  of  this  act,  or  who  attempts 
to  register  illegally  or  under  an  assumed  name,  or  under 
the  name  of  any  other  person  than  himself,  or  who  votes 
or  attempts  to  vote  upon  the  name  of  any  other  person 
than  himself  upon  election  day,  shall  be  punished  by  im- 
prisonment in  the  state  prison  for  not  more  than  three 
years,  or  in  the  house  of  correction  for  not  less  than  six 
months. 

Section  8.  It  shall  be  the  duty  of  every  election  ofiicer  Duties  of 
in  said  city  to  enforce  upon  election  day  the  requirements 
of  this  act  and  of  all  other  statutes  relating  to  elections, 
and  any  election  officer  knowingly  permitting  or  aiding  in 
any  violation  of  said  requirements  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  more  than  three 
years,  or  in  the  house  of  correction  for  not  less  than  six 
months. 

Section  9.  Chapter  four  hundred  and  twenty-five  of  Repeal,  etc. 
the  acts  of  the  year  eighteen  hundred  and  ninety-five  and 
all  acts  and  parts  of  acts  so  far  as  they  are  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed ;  and 
all  ordinances  and  parts  of  ordinances  of  said  city  so  far 
as  they  are  inconsistent  with  the  provisions  of  this  act  are 
hereby  annulled  ;  and  said  city  shall  not  appoint  any  officer 
or  pass  any  ordinance  inconsistent  with  the  provisions  of 
this  act.  The  provisions  of  this  act  shall  not  be  construed 
to  apply  to  any  person  exempt  from  the  operation  thereof 
under  the  constitution  or  amendments  thereto. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9,  1896. 


ChapMS 


An  Act  makixg  appropriations  for  expenses  authorized  i:y 

THE   present   legislature   AND   FOR    CERTAIN   OTHER    EXPENSES 
AUTHORIZED   BY  LAW. 

Be  it  enacted^  etc.,  as  follows: 

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 
in  certain  acts  and  resolves  of  the  present  year,  and  for 
certain  other  expenses  authorized  by  law,  to  wit :  — 


590 


Acts,  1896.  — Chap.  548. 


Ballot  law 
commisBioii. 


Worcester  Poly, 
technic  loBti- 
tute. 


State  pension 
agent. 


Supplement  to 
Public  Statutes. 


School  attend- 
ance and 
truancy. 


Massachusetts 
Charitable  Eye 
and  Ear  Infirm- 
ary. 


Massachusetts 

Agricultural 

College. 


Exercises  com- 
memorative of 
Governor 
Greenhalge. 


Common- 
wealth's flats  in 
South  Boston. 


For  compensation  and  expenses  of  the  state  ])allot  law 
commission,  as  authorized  by  chapter  three  hundred  and 
eighty-three  of  the  acts  of  the  present  year,  a  sum  not 
exceeding  five  hundred  doUars,  the  same  to  be  in  addition 
to  the  amounts  appropriated  by  chapter  forty-two  of  the 
acts  of  the  present  year. 

For  scholarships  at  the  Worcester  Polytechnic  Institute, 
as  authorized  by  chapter  four  hundred  and  seven  of  the 
acts  of  the  present  year,  the  sum  of  three  thousand 
dollars. 

For  clerical  assistance,  traveling  expenses  and  other 
necessary  expenses  of  the  state  pension  agent,  a  sum  not 
exceeding  five  hundred  dollars,  the  same  to  be  in  addition 
to  the  amount  appropriated  for  the  same  purpose  by  chap- 
ter thirty-four  of  the  acts  of  the  present  year. 

For  expenses  in  connection  with  the  preparation  and 
pul)lication  of  a  second  supplement  to  the  Public  Statutes, 
as  authorized  by  chapter  three  hundred  and  sixty-three  of 
the  acts  of  the  year  eighteen  hundred  and  ninety-five,  a 
sum  not  exceeding  ten  thousand  dollars,  the  same  to  be  in 
addition  to  the  five  thousand  dollars  appropriated  by  chap- 
ter four  hundred  and  seventy-three  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-five. 

For  expenses  in  connection  with  a  plan  for  carrying 
into  execution  the  recommendations  of  the  state  board  of 
education  relative  to  school  attendance  and  truancy,  as 
authorized  by  chapter  ninety-six  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  five  hundred  dollars. 

For  the  construction  of  a  new  hospital  l)uilding  for 
the  Massachusetts  Charitable  Eye  and  Ear  Infirmary,  as 
authorized  by  chapter  ninety-seven  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  fifty  thousand  dollars. 

For  certain  repairs  and  improvements  and  for  the  pur- 
chase of  land  at  the  Massachusetts  Agricultural  College, 
as  authorized  by  chapter  ninety-eight  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  thirteen  thousand 
nine  hundred  dollars. 

For  publishing  a  report  of  the  public  exercises  com- 
memorative of  Frederic  T.  Greenhalge,  late  governor  of 
the  Commonwealth,  as  authorized  by  chapter  ninety-nine 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
one  thousand  dollars. 

For  the  further  improvement  of  the  Commonwealth's 
flats  at  South  Boston,  as  authorized  by  chapter  four  hun- 


Acts,  1896.  — Chap.  548.  591 

dred  and  forty-two  of  the  acts  of  the  present  year,  a  sum 
not  exceeding  fifty  thousand  dollars. 

For  expenses  in  connection  with  the  protection  of  the  vaiieye  of 
public  health  in  the  valleys  of  the  Concord  and  Sudbury  sudbury 'rivers. 
rivers,  as  authorized  by  chapter  four  hundred  and  forty- 
six  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
three  thousand  dollars,  the  same  to  ])e  in  addition  to  the 
unexpended  balance  of  the  sum  appropriated  under  chapter 
four  hundred  and  ninety-two  of  the  acts  of  the  year  eight- 
een hundred  and  ninety-four. 

For    the  payment  of  expenses  in  connection  with  the  Boundary  lines, 
establishment  of  the  boundary  lines  between  the  Common-  ^^'^' 
wealth  of  Massachusetts  and  the  states  of  New  Hampshire 
and  Vermont,  as  authorized  by  chapter  one  hundred  and 
two  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing five  thousand  dollars. 

For  Elijah  Smith  of  Easton,  as  authorized  by  chapter  Elijah  smith. 
one  hundred  and  three  of  the  resolves  of  the  present  year, 
the  sum  of  one  hundred  dollars. 

For  John  H,  Lamson,  as  authorized  by  chapter  one  hun-  JohnH. 
dred  and  four  of  the  resolves  of  the  present  year,  the  sum 
of  one  hundred  and  thirty-five  dollars. 

For  James  N.  Tolman,  as  authorized  by  chapter  one  James  n.toi- 
hundred  and  five  of  the  resolves  of  the  present  year,  the 
sum  of  six  hundred  dollars,  payable  to  him  monthly  out 
of  the  treasury  of  the  Commonwealth,  and,  in  case  of  his 
death,  the  same  sum  per  month  to  his  widow. 

For  Ellis   R.  Holbrook,  as  authorized  by  chapter  one  Eiiis  r.  hoi- 
huudred  and  six  of  the  resolves  of  the  present  year,  the  '"^'"*'^* 
sum  of  one  hundred  and  twenty-five  dollars. 

For  necessary  expenses,  including  postage,  stationery  state  military 
and  other   expenses,  of  the  state  military  and  naval  his-  historian. 
torian,  a  sum  not  exceeding  two  hundred  dollars,  the  same 
to  be  in   addition  to  the  amount  authorized  by  chapter 
eighty-eight  of  the  acts  of  the  present  year. 

For    expenses    of   sunmioning    witnesses    before    com-  witnesses 
mittees    of  the  present  legislature,  and  for  fees  of  such  uturcom.* 
witnesses,    a   sura    not   exceeding   two   hundred   dollars,  ™>"«^^- 
the  same  to  be  in  addition  to  the  amount  appropriated  by 
chapter  one  of  the  acts  of  the  present  year. 

For   authorized  expenses  of  committees  of  the  present  ^0^^^^°^^^°^ 
legislature,    to    include   clerical  assistance,  stenographers 
and   counsel  fees  to  committees  authorized  to  employ  the 
same,  a  sum  not  exceeding  fifteen  thousand  dollars,  the 


592 


Acts,  1896.  — Chap.  548. 


William 
Gibbons. 


Sylvester  W. 
Kusaell. 


Olive  A. 
Churchill. 


Giles  R. 
Alexander. 


ComsiiBBion  on 
revising  laws 
relating  to 
taxation. 


Forms  of 
pleadings  in 
criminal  cases. 


Fish  hatchery 
in  western  part 
of  the  Com- 
monwealth. 


Bounty  to 
certain  veterans 
ill  Bridgewater. 


Attorney- 
general. 


same  to  be  in  addition  to  the  amount  appropriated  by 
chapter  one  of  the  acts  of  the  present  year. 

For  William  Gibbons,  as  authorized  by  chapter  one 
hundred  and  seven  of  the  resolves  of  the  present  year, 
the  sum  of  one  hundred  and  twenty-five  dollars. 

For  Sylvester  W.  Kussell,  as  authorized  by  chapter 
one  hundred  and  eight  of  the  resolves  of  the  present 
year,  the  sum  of  one  hundred  dollars. 

For  Olive  A.  Churchill,  widow  of  S.  Sylvester  Church- 
ill, as  authorized  by  chapter  one  hundred  and  nine  of 
the  resolves  of  the  present  year,  the  sum  of  one  hundred 
dollars. 

For  Giles  R.  Alexander,  as  authorized  by  chapter  one 
hundred  and  ten  of  the  resolves  of  the  present  year,  the 
sum  of  one  hundred  and  sixty  dollars. 

For  the  expenses  of  a  commission  to  inquire  into  the 
expediency  of  revising  and  amending  the  laws  of  the  Com- 
monwealth relating  to  taxation,  as  authorized  by  chapter 
one  hundred  and  eleven  of  the  resolves  of  the  present 
year,  a  sum  not  exceeding  five  thousand  dollars. 

For  expenses  in  connection  with  the  preparation  of  the 
schedule  of  forms  of  pleadings  in  criminal  cases,  as 
authorized  by  chapter  one  hundred  and  thirteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  one 
thousand  dollars. 

For  the  establishment  of  a  fish  hatchery  in  the  western 
part  of  the  Commonwealth,  as  authorized  l)y  chapter  one 
hundred  and  fourteen  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  three  thousand  dollars. 

For  Charles  W.  AVilbur,  the  sum  of  one  hundred  and 
sixty  dollars ;  for  Marcus  Holmes,  the  sum  of  one  hun- 
dred and  sixty  dollars  ;  for  Freeman  Holmes,  the  sum  of 
one  hundred  and  sixty  dollars ;  for  Charles  E.  Porcheron, 
the  sum  of  one  hundred  and  sixty  dollars ;  for  Cornelius 
B.  Holmes,  the  sum  of  one  hundred  and  sixty  dollars ; 
for  William  Holmes,  the  sum  of  one  hundred  and  sixty 
dollars ;  for  Preston  Hooper,  the  sum  of  one  hundred 
and  sixty  dollars ;  for  Francis  E.  Allen,  the  sum  of  one 
hundred  and  sixty  dollars ;  for  George  F.  Dunbar,  the 
sum  of  one  hundred  and  sixty  dollars ;  all  of  which  is 
authorized  by  chapter  one  hundred  and  fifteen  of  the 
resolves  of  the  present  year. 

For  the  payment  of  expenses  to  carry  out  the  act  rela- 
tive to  the  duties  and  authority  of  the  attorney-general, 


Acts,  1896.  — Chap.  548.  593 

as  provided  for  by  chapter  four  hundred  and  ninety  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  thirty 
thousand  dollars. 

To   enable   cities  and  towns  to  use  the  McTammany  McTammany 
voting    machines   in   state,   city   and   town  elections,  as  chines  ™^" 
authorized   by  chapter  four  hundred  and  ninety-eight  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  twelve 
thousand  five  hundred  dollars. 

For  Andrew  J.  Morton,  as  authorized  by  chapter  one  Andrew  j. 
hundred  and  sixteen  of  the  resolves  of  the  present  year, 
the  sum  of  one  thousand  dollars. 

For  Edwin  A.  Andrews,  the  sum  of  three  hundred  and  ^e°rtain^vrteran8 
sixty  dollars;  for  Elizabeth  J.  Barron,  Bertha  M.  Arm-  ioMeirose. 
strong,  heirs  at  law  of  Henry  Barron,  the  sum  of  five 
hundred  and  forty-seven  dollars  and  fifty  cents ;  for 
Eleanor  Batchelder,  William  B.  Batchelder,  heirs  at  law 
of  George  W.  Batchelder,  the  sum  of  four  hundred  and 
thirty-four  dollars ;  for  Abbie  A.  Chandler,  Frank  A. 
Chandler,  Herbert  W.  Chandler,  Henry  I.  Chandler,  heirs 
at  law  of  Ros well  W.  Chandler,  the  sum  of  one  hundred  and 
eighty  dollars  ;  for  Jacob  M.  Ellis,  the  sum  of  four  hundred 
and  fifty-seven  dollars  and  fifty  cents  ;  for  John  C.  Grover, 
the  sum  of  three  hundred  and  fifty-six  dollars  ;  for  Henry 
H.  Jones,  the  sum  of  three  hundred  and  sixty  dollars ; 
for  Cushing  W.  Littlefield,  the  sum  of  one  hundred  and 
eighty-six  dollars ;  for  Sherman  Lynde,  the  sum  of  five 
hundred  and  fifty-eight  dollars ;  for  James  Macey,  the 
sum  of  three  hundred  and  sixty-three  dollars  ;  for  Horace 
E.  Morse,  sole  heir  at  law  of  George  J.  Morse,  the  sum 
of  five  hundred  and  thirty-five  dollars ;  for  Thomas  J. 
Munn,  the  sum  of  three  hundred  and  sixty  dollars ;  for 
Torrey  Peabody,  Jr.,  the  sum  of  five  hundred  and  thirty- 
two  dollars  and  fifty  cents ;  for  Daniel  S.  Pratt,  the  sum 
of  three  hundred  and  sixty  dollars  ;  for  Albert  F.  Shelton, 
the  sum  of  one  hundred  and  seventy-nine  dollars ;  for 
Hannah  G.  Simonds,  sole  heir  of  Joseph  R.  Simonds,  the 
sum  of  five  hundred  and  forty  dollars ;  for  Samuel 
Sprague,  Jr.,  the  sum  of  three  hundred  and  seventy-two 
dollars ;  for  Thomas  B.  Stantial,  the  sum  of  one  hundred 
and  forty-nine  dollars ;  for  Sarah  E.  Stilphen,  Elva  F. 
Stilphen,  Florence  A.  Stilphen,  heirs  at  law  of  John  E. 
Stilphen,  the  sum  of  five  hundred  and  sixty-four  dollars ; 
for  George  A.  Tainter,  the  sum  of  three  hundred  and  ten 
dollars ;  for  Edward  H.  Whitney,  the  sum  of  three  hun- 


594  Acts,  1896.  — Chap.  548. 

died  and  sixty-one  dollars  ;  for  William  Wyman,  the  sum 
of  three  hundred  and  twenty-six  dollars  and  sixty-seven 
cents ;  all  of  which  is  authorized  by  chapter  one  hundred 
and  seventeen  of  the  resolves  of  the  present  year. 

fjJhTT^^^^  To  provide  for  the  purchase  of  additional  property  for 
the  Lyman  school  for  boys,  as  authorized  by  chapter  one 
hundred  and  eighteen  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  eighty-five  hundred  dollars. 

Samuel  F.  ^o  providc  for  placing  in  the  state  house  a  bust  of 

Samuel  F.  Smith,  author  of  the  hymn  "America",  as 
authorized  by  chapter  one  hundred  and  nineteen  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  one 
thousand  dollars. 

bruf/roa!r8°  °^  ^^^  expenses  in  connection  with  aiding  towns  in  the 
construction  and  maintenance  of  better  roads,  as  author- 
ized by  chapter  five  hundred  and  thirteen  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  twelve  thousand 
dollars. 

^ertSn^ veterans      For  Chcstcr  W.  Grccu,  the  sum  of  one  hundred  and 

in  Bioneham.  tweuty-fivc  dollars  ;  for  Henry  Howard,  the  sum  of  one 
hundred  and  twenty-five  dollars  ;  for  John  E.  La  Claire, 
the  sum  of  one  hundred  and  twenty-five  dollars  ;  for  Jason 
D.  Washburn,  the  sum  of  one  hundred  and  twenty-five 
dollars ;  for  Peter  Nolon,  the  sum  of  one  hundred  and 
twenty-five  dollars  ;  for  Leonard  F.  Green,  the  sum  of  one 
hundred  and  twenty-five  dollars  ;  for  Hummington  Porter, 
the  sum  of  one  hundred  and  twenty-five  dollars ;  for 
Edward  McGrady,  the  sum  of  one  hundred  and  twenty- 
five  dollars ;  for  James  H.  Broughton,  the  sum  of  one 
hundred  and  twenty-five  dollars ;  for  William  O.  Ward, 
the  sum  of  one  hundred  and  twenty-five  dollars ;  for 
Charles  L.  Nash,  the  sum  of  one  hundred  and  twenty-five 
dollars  ;  for  Oliver  L.  Childs,  the  sum  of  one  hundred  and 
twenty-five  dollars ;  for  William  H.  Burdick,  the  sum  of 
one  hundred  and  twenty-five  dollars  ;  for  Solon  A.  Bryant, 
the  sum  of  one  hundred  and  twenty-five  dollars ;  for 
Samuel  Berry,  Jr.,  the  sum  of  one  hundred  and  twenty- 
five  dollars  ;  for  Albert  Jenkins,  the  sum  of  one  hundred 
and  twenty-five  dollars  ;  for  Benjamin  W.  Jones,  the  sum 
of  one  hundred  and  twenty-five  dollars ;  for  Thomas 
Kelley,  the  sum  of  one  hundred  and  twenty-five  dollars ; 
for  Samuel  I.  Dodge,  the  sum  of  one  hundred  and  twenty- 
five  dollars ;  for  Augustus  F.  Stevens,  the  sum  of  one 
hundred  and  twenty-five  dollars ;  for  David  H.  Tilton, 


Acts,  1896.  — Chap.  549.  595 

the  sum  of  one  hundred  and  twenty-five  dollars  ;  for  Eben 
B.  Lawrence,  the  sum  of  one  hundred  and  twenty-five 
dollars ;  for  Benjamin  J.  Burdick,  the  sum  of  one  hun- 
dred and  twenty-five  dollars ;  for  George  W.  Young,  the 
sum  of  one  hundred  and  twenty-five  dollars ;  for  William 
H.  Marden,  the  sum  of  one  hundred  and  twenty-five  dol- 
lars ;  for  Nathan  M.  Walton,  the  sum  of  one  hundred  and 
twenty-five  dollars  ;  for  Henry  Poor,  the  sum  of  one  hun- 
dred and  twenty-five  dollars ;  for  Andrew  J.  Greene,  the 
sum  of  one  hundred  and  twenty-five  dollars ;  for  George 
W.  Marsh,  the  sum  of  one  hundred  and  twenty-five  dol- 
lars ;  for  Edward  W.  Blandin,  the  sum  of  one  hundred  and 
twenty-five  dollars ;  for  John  E.  Frederick,  the  sum  of 
one  hundred  and  twenty-five  dollars ;  all  of  which  is 
authorized  l)y  chapter  one  hundred  and  twenty  of  the 
resolves  of  the  present  year. 

For  Calvin    Francis  Harlow,  the  sum  of  one  hundred  HarYow!^'*'"''^ 
and  twenty-five  dollars,  as  authorized  by  chapter  one  hun- 
dred and  twenty-one  of  the  resolves  of  the  present  year. 

To  provide   temporary  accommodations  for  the  senate  Accommo- 
and  its  officers  in  that  part  of  the  recent  addition  to  the  8en'a°te%t'J. 
state  house    which  is  known  as  the  Bryant  addition,  as 
authorized  by  chapter  one  hundred  and  twenty-four  of  the 
resolves   of  the  present  year,   a  sum  not  exceeding  ten 
thousand  dollars. 

For  the  salaries  and  traveling  expenses  of  two  additional  j^igifc^jfof 
associate  justices  of  the  superior  court,  as  authorized  by  "uperior  court. 
an   act   of  the   present  year,   a  sum  not  exceeding  four 
thousand  dollars. 

For  salaries  and  expenses  of  the  two  additional  inspec-  Examiners  of 
tors  in    the    department  of  the  district  police,  to  act  as  '^°^'°''®"' 
examiners  of  engineers,  as  provided  for  in  an  act  passed 
the  present  year,  entitled  "An  Act  relative  to  the  licens- 
ing  of  engineers  and  firemen  of  stationary  engines ",  a 
sum  not  exceeding  twenty-five  hundred  dollars. 

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

Approved  June  9,  1896. 


ChapM9 


An    Act   to    provide    for  furnishing   the   uryant   addition, 
so-called,  of  the  state  house  extension. 

Be  it  enacted,  etc.,  as  follows: 

Section  1 .     The  state  house  construction  commission-  Furnishing  of 
ers  are  hereby  authorized  to  properly  provide  the  rooms  fjltatl  house?" 


596  Acts,  1896.  — Chap.  550. 

iu  the  Bryant  addition,  so-called,  of  the  extension  of  the 
state  house,  with  shelving,  cases  and  all  necessary  furni- 
ture and  fittings,  ready  for  occupancy  by  the  various 
departments  to  which  they  have  been  or  may  l)e  assigned, 
and  for  such  purpose  may  expend  a  sum  not  exceeding 
two  hundred  thousand  dollars. 
^ate^housV'"™  Section  2.  All  expenses  incurred  under  this  act  shall 
loans.  i^g  paid  from  the  state  house  loan  of  nineteen  hundred  and 

one,  authorized  by  chapter  three  hundred  and  forty-nine 
of  the  acts  of  the  year  eighteen  hundred  and  eighty-eight, 
chapter  three  hundred  of  the  acts  of  the  year  eighteen 
hundred  and  eighty-nine,  chapter  four  hundred  and  thirty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two,  and  chapter  five  hundred  and  thirty-two  of  the  acts 
of  the  year  eighteen  hundred  and  ninety-four. 

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

Approved  June  9,  1896. 

Chart  550  -^^  -^^^  relative  to  the  metropolitan  parks  and  houlevards. 

Be  it  enacted,  etc. ,  as  folloivs : 
Taking  of  lauds,      Section  1.     The  metropolitan  park  commission  shall, 

6tc-  bv  nictro- 

poiitan  park  prior  to  the  first  day  of  January  in  the  year  nineteen  hun- 
dred, take  all  the  lands  which  it  is  authorized  to  take,  and 
shall  lay  out  and  construct  all  the  parks,  reservations, 
boulevards  and  other  works  which  it  is  authorized  to  lay 
out  and  to  construct,  and  the  treasurer  of  the  Common- 
wealth shall  pay  from  the  proceeds  of  the  loans  authorized 
for  the  purpose  of  meeting  the  expense  of  taking  said 
lands,  of  laying  out  said  parks  and  reservations  and  of 
constructing  said  boulevards  and  other  works,  or  from  the 
proceeds  of  any  of  said  loans,  all  moneys  required  prior  to 
and  including  the  first  day  of  January  in  the  year  eighteen 
hundred  and  ninety-six  to  and  including  said  first  day  of 
January  in  the  year  nineteen  hundred,  to  meet  the  interest 
and  sinking  fund  requirements  for  said  loans  as  estimated 
by  said  treasurer  and  to  meet  the  cost  of  maintenance  and 
operation  of  said  parks,  reservations,  boulevards  and  other 
works  as  annually  authorized  by  the  legislature,  and  to 
meet  such  amount  as  has  heretofore  been  paid  from  the 
treasury  of  the  Commonwealth  for  such  cost. 
foTeTermhfe''"  Section  2.  The  suprcmc  judicial  court  sitting  in  equity 
proportion  to  be  j^hall  in  the  vcar  nineteen  hundred,  and  in  every  fifth  year 

paid  by  cities  ,  ^  ,..  /'•i  ••  r 

and  towns.        thereattcr,  on  the  application  ot  said  commissioners  or  oi 


Acts,  1896.  — Chap.  550.  597 

the  attorney  of  either  of  the  cities  or  towns  in  the  metro- 
politan parks  district,  and  after  notice  to  each  of  said 
cities  and  towns,  appoint  three  commissioners,  neither  of 
whom  shall  be  a  resident  of  either  of  said  cities  and  towns, 
who  shall,  after  such  notice  and  hearing  as  they  shall  deem 
sufficient  and  in  such  manner  as  they  shall  deem  just  and 
equitable,  determine  the  proportions  in  which  each  of  said 
cities  and  towns  shall  pay  money  into  the  treasury  of 
the  Commonwealth  each  year  for  the  term  of  five  years, 
beginning  with  the  first  day  of  January  in  each  year  in 
which  such  commissioners  are  required  to  be  appointed, 
to  meet  said  interest,  sinking  fund  requirements,  and  cost, 
for  such  year,  and  any  deficiency  in  the  amount  previously 
paid  in  as  found  by  said  treasurer,  and  shall  return  their 
award  into  said  court :  provided,  however,  that  the  com-  Proviso, 
missioners  shall  fix  and  return  the  proportion  to  be  paid 
by  the  city  of  Boston  for  each  year  of  the  first  of  said 
terms  at  fifty  per  cent.  Every  such  award  when  accepted 
by  the  court  shall  be  a  final  and  conclusive  adjudication 
for  the  term,  of  all  matters  referred  to  the  commissioners, 
and  shall  be  binding  upon  all  parties. 

Section  3.  The  treasurer  of  the  Commonwealth  shall  JsumTte^'^  *° 
in  the  year  nineteen  hundred,  and  in  each  year  thereafter,  paid"ea'c''h  y^ar 
estimate,  in  accordance  with  the  proportions  determined  *^*°' 
as  aforesaid,  the  several  amounts  required  during  the  year 
beginning  with  the  first  day  of  January,  from  the  cities 
and  towns  aforesaid,  to  meet  said  interest,  sinking  fund 
requirements,  and  cost,  for  such  year,  and  deficienc}^  if 
any,  and  shall  include  the  amount  required  from  a  city  or 
town,  in,  and  make  it  a  part  of,  the  sum  to  be  paid  by 
such  city  or  town  as  its  annual  state  tax,  and  the  same 
shall  be  paid  by  the  city  or  town  into  the  treasury  of  the 
Commonwealth  at  the  time  required  for  the  payment,  and 
as  a  part,  of  its  state  tax :  provided,  however,  that  the  Proviso. 
moneys  to  be  paid  into  the  treasury  of  the  Commonwealth 
each  year,  and  the  amount  to  be  paid  by  the  Common- 
wealth and  made  a  part  of  the  annual  state  tax  levy,  shall 
be  as  specified  in  section  ten  of  chapter  four  hundred  and 
seven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three,  and  in  section  eight  of  chapter  two  hundred  and 
eighty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four. 

Section  4.     Sections  ten,  eleven  and  twelve  of  chapter  Repeal,  etc. 
four  hundred  and  seven  of  the  acts  of  the  year  eighteen 


598  Acts,  1896.  — Chap.  550. 

hundred  and  ninety-three,  sections  eight,  nine  and  ten  of 
chapter  two  hundred  and  eighty-eight  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  all  acts  in  amend- 
ment of  or  in  addition  to  said  sections  or  either  of  them, 
and  all  other  acts  or  parts  of  acts  inconsistent  with  this 
act,  are  hereby  repealed,  and  the  treasurer  of  the  Common- 
wealth shall  not  hereafter  require  the  payment  of,  and  no 
city  or  town  shall  hereafter  pay,  any  money  into  the  treas- 
ury of  the  Commonwealth  under  any  determination  or 
finding  of  any  commission  appointed  under  the  provisions 
of  said  sections,  or  any  of  them. 

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

Approved  June  0,  1896. 


Eesolves,  1896.  — Chaps.  1,  2,  3.  599 


RESOLVES. 


of  revenue. 


Resolve   authorizing  the   treasurer  to    borrow   money    in  /^/^^^       1 
anticipation  oe  revenue.  ^' 

Resolved,  That  the  treasurer  and  receiver  general  be  Treasurer  may 
and  he  is  hereby  authorized  to  borrow,  in  anticipation  of  in  anticipation 
the  receipts  of  the  present  year,  such  sums  of  money  as 
may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sums  he  may  borrow 
under  this  resolve  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Aj-yproced  January  16,  1896. 


Resolve   relative   to   the   publication   of  the  bulletin   of  (^Tffj.^y       Q 

COMMITTEE    HEARINGS.  ■* 

Resolved^    That  all   bills    contracted   under   the   order  Bulletin  of 
authorizing   the  joint  committee    on  rules  to  publish   a  hearings. 
bulletin  of  committee  hearings  and  matters  before  com- 
mittees shall  be  paid  on  approval  of  the  sergeant-at-arms. 

Approved  January  29,  1896. 


Chap.    3 


Resolve  to  confirm  the  acts  of  lewis  r.  tucker  as  a  justice 
OF  the  peace. 

Resolved,  That  all  acts  done  by  Lewis  R.  Tucker  of  Tulkerjustice 
Boston  as  a  justice  of  the  peace,  between  the  eleventh  day  of  the  peace, 
of  April  and  the  eighteenth  day  of  October  in  the  year 
eighteen  hundred  and  ninet3'-five,  are  hereby  confirmed 
and  made  valid  to  the  same  extent  as  though  he  had  been 
during  that  time  qualified  to  discharge  the  duties  of  said 
oflBce.  Approved  January  31,  1896. 


600 


Resolves,  1896.  —  Chaps.  4,  5,  6,  7. 


Nellie  R. 
Stevens. 


(JJiaij.     4  Resolve  in  favor  of  nelme  r.  stbvens,  widow  of  everett  a 

STEVENS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Nellie  R.  Stevens, 
widow  of  Everett  A.  Stevens  late  a  member  of  the  board 
of  railroad  commissioners,  who  died  on  the  thirteenth  day 
of  July  in  the  year  eighteen  hundred  and  ninety-five,  the 
sum  of  sixteen  hundred  twenty-seven  dollars  and  sixty- 
nine  cents,  being  the  amount  of  salary  which  said  Everett 
A.  Stevens  would  have  been  entitled  to  receive  had  he 
lived  until  the  thirty-first  day  of  December  in  the  year 
eighteen  hundred  and  ninety-five. 

Ajyproved  January  31,  1896. 


Chap.    5 


Report  of 
metropolitan 
sewerage  com- 
tuissionera. 


Resolve  providing  for  printing  extra  copies  of  the  report 
OF  the  metropolitan  seaverage  commissioners. 

Resolved,  That  fifteen  hundred  extra  copies  of  the 
seventh  annual  report  of  the  l^oard  of  metropolitan  sew- 
erage commissioners  be  printed,  five  hundred  copies  to  be 
bound  in  cloth,  to  be  distributed  under  the  direction  of 
said  commissioners.  Approved  February  6,  1896. 


ChciTJ.       6  I^ESOLVE   to  confirm  the   acts   of  THOMAS  J.  HOMER  AS  A   NOTARY 

PUBLIC. 


Thotnae  J. 
Homer,  notary 
public,  acts 
coDfirmed. 


Resolved,  That  all  acts  done  by  Thomas  J.  Homer  of 
Boston  in  the  county  of  Suffolk  as  a  notary  public,  be- 
tween the  eighth  day  of  August  in  the  year  eighteen  hun- 
dred and  ninety-five  and  the  fourth  day  of  January  in  the 
year  eighteen  hundred  and  ninety-six,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  office.  Apjyroved  February  7,  1896. 


Ckaj).    7 


Widow  of 
William  S. 
Shurtleff. 


Resolve  in  favor  of  the  widow  of  w^illiam  s.  shurtleff. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  widow  of  William 
S.  Shurtleff  late  judge  of  probate  and  insolvency  for  the 
county  of  Hampden,  who  died  on  the  fourteenth  day  of 
January  in  the  year  eighteen  hundred  and  ninety-six,  the 
sum  of  two  thousand  eight  hundred  and  eighty-three  dol- 
lars and  thirty-eight  cents,  being  the  amount  of  salary 


Resolves,  1896.  — Chaps.  8,  9,  10,  11.  601 

which  the  said  William  S.  Shurtleff  would  have  been 
entitled  to  receive  had  he  lived  until  the  thirty-first  day 
of  December  in  the  year  eighteen  hundred  and  ninety-six. 

Approved  February  12,  1896. 

Resolve  in  favor  of  Patrick  huckley.  Chap.     8 

Resolved.  That  there  be  allowed  and  paid  out  of  the  Patrick 

•    Buckley. 

treasury  of  the  Commonwealth  to  Patrick  Buckley  of 
North  Adams,  an  annuity  of  two  hundred  dollars  for  the 
term  of  his  natural  life,  in  consideration  of  injuries  sus- 
tained at  the  Hoosac  tunnel  while  in  the  employment  of 
the  Commonwealth ;  said  annuity  to  be  payable  in  equal 
quarterly  instalments.  Chapter  forty-five  of  the  resolves 
of  the  year  eighteen  hundred  and  ninety-one  is  hereby 
repealed.  Approved  February  15,  1896. 

Resolve  in  favor  of  ella  Raymond.  GhciJ).     9 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Eiia  Raymond. 
treasury  of  the  Commonwealth  an  annuity  of  three  hun- 
dred dollars  to  Ella  Raymond  of  Lowell,  whose  husband 
was  incapacitated  from  performing  labor  by  reason  of 
injuries  received  in  the  discharge  of  militia  duty  at  Fra- 
mingham.  Said  annuity  shall  commence  on  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety- 
seven,  shall  be  payable  quarterly,  and  shall  continue  for 
the  term  of  five  years,  should  said  Ella  Raymond  so  long 
survive.  Approved  February  15,  1896. 

Resolve  in  favor  of  lavinia  agnes  bakbour.  ChaV'  10 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lavinia  Agnes 
treasury  of  the  Commonwealth  to  Lavinia  Agnes  Barbour, 
widow  of  James  K.  Barbour  who  was  injured  while  de- 
fending property  at  the  Cooper  street  riot,  and  who  at 
the  time  of  his  decease  was  in  receipt  of  an  annuity  from 
the  Commonwealth,  an  annuity  of  two  hundred  dollars,  to 
be  paid  to  said  widow  during  her  natural  life.  Chapter  eight 
of  the  resolves  of  the  year  eighteen  hundred  and  ninety-five 
is  hereby  repealed.  Approved  February  15.  1896. 

Resolve  to  confirm  the  acts  of  arthur  l.  huntington  as  njfnjy    11 

A   .JUSTICE   of   the   PEACE. 

Resolved,  That  all  acts  done  by  Arthur  L.  Huntington  Arthur l. Hunt- 


as  a  justice  of  the  peace,  between  the  twenty-third  day  o"nhe'peace! 


slice 
ice, 
acta  conQriued. 


G02  Resolves,  1896.  — Chaps.  12,  13,  14. 

of  October  in  the  year  eighteen  hundred  and  ninety-five 
and  the  sixteenth  day  of  January  in  the  year  eighteen 
hundred  and  ninety-six,  are  hereby  confirmed  and  made 
valid  to  the  same  extent  as  though  he  had  been  during 
that  time  qualified  to  discharge  the  duties  of  said  office. 

Approved  February  15,  1896. 


Clia'D.    12   ^KSOLVE    PROVIDING    FOR    THE   EXPENSES   OF   THE   MASSACHUSETTS 

HIGHWAY   COMMISSION. 

MasBachusetta         Resolved,  Thdt  thcrc  be  allowed  and  paid  out  of  the 

highway  com-  /•        i  ^^  i    i 

mission.  tieasurv   oi    the    Commonwealth    a   sum    not    exceedmg 

twenty-five  thousand  dollars,  to  meet  the  expenses  of  the 
Massachusetts  highway  commission,  pending  the  action 
of  the  legislature  on  the  proposition  to  continue  the 
building  of  state  highways  and  the  issue  of  a  loan  for 
meeting  the  expenses  thereof.  Upon  the  issue  of  such  a 
loan  the  treasury  shall  be  reimbursed  for  all  expenses 
incurred  under  the  authority  of  this  resolve. 

Approved  February  15,  1896. 

Oh.aT)    13  Resolve  in  favor  of  james  a.  grant. 

James  A.  liesolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  James  A.  Grant,  of 
Concord,  who,  while  in  the  performance  of  his  duty  as 
watchman  at  the  Massachusetts  reformatory,  was  totally 
disabled  from  performing  manual  labor,  in  consequence  of 
an  assault  made  upon  him  by  a  prisoner  in  said  institution 
on  the  seventeenth  day  of  March  in  the  year  eighteen  hun- 
dred and  ninety-four,  an  annuity  of  three  hundred  and 
sixty  dollars  during  his  natural  life,  payable  in  equal  quar- 
terly instalments.  Approved  February  25,  1896. 

Chan    14  Resoi^ve  to  confirm  the  acts  of  henry  p.  field  as  a  justice 

OF   THE   PEACE. 

Henry  P.  Field,       Rssolved,  That  all  the  acts  done  by  Henry  P.  Field  of 

justice  of  the  .  '  .  .  ,,    .  ,  , 

peace,  acts  Northampton  as  a  justice  oi  the  peace,  between  the  twenty- 
third  day  of  October  in  the  year  eighteen  hundred  and 
ninety-five  and  the  eleventh  day  of  January  in  the  year 
eighteen  hundred  and  ninety-six,  are  hereby  confirmed 
and  made  valid  to  the  same  extent  as  though  he  had  been 
during  that  time  qualified  to  discharge  the  duties  of  said 
ofiice.  Approved  February  25,  1896. 


Resolves,  1896.  — Chaps.  15,  10,  17.  603 


Resolve  to  confirm  the  acts  of  chakles  c    hutchinsox  as  a  (Jhaj)    15 

JUSTICE   of   the   peace. 

Resolved,  That  all  the  acts  done  by  Charles  C.  Hutch-  charioac. 
inson  of  Winthrop  as  a  justice  of  the  peace,  between  the  justice  of  the 
fourteenth  day  of  September  in  the  year  eighteen  hundred  Jjonfltmed! 
and  ninety-four  and  the  twenty-fifth  day  of  January  in  the 
year    eighteen  hundred  and  ninety-six,  are    hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  office.  Approved  February  25,  1S9G. 

Resolve   providing   for   thk  acquisition  of  land   and    the  /^/,^^    ifi 

ERECTION   of  TABLETS   OR   MONUMENTS   ON    THE    BATTLEFIELD    OF  "* 

ANTIETAM. 

Resolved,  That  a  commission,  to  be  composed  of  the  Battlefield  of 
following  persons:  —  Samuel  Dalton,  Charles  E.  Davis,  ""'"'"■ 
Jr.,  George  L.  Andrews,  John  W.  Kimball,  Augustus  P. 
Martin,  Dennis  Linehan  and  Albert  A.  Pope,  shall  have 
authority  to  acquire,  in  the  name  of  and  for  the  Common- 
wealth, by  purchase  or  otherwise,  sufficient  land  on  the 
field  where  occurred  the  battle  of  Antietam,  in  the  state 
of  Maryland,  on  the  seventeenth  day  of  September  in  the 
year  eighteen  hundred  and  sixty-two,  and  may  erect 
thereon,  or  in  other  suitable  places,  suitable  tablets, 
monuments,  or  a  monument,  to  indicate  the  part  taken  by 
Massachusetts  troops  in  that  battle.  The  said  commission 
shall  serve  without  compensation  but  shall  be  reimbursed 
for  necessary  expenses  actually  incurred.  The  design  for 
the  tablets,  monuments  or  monument  shall  be  submitted 
to  and  approved  by  the  governor  and  council,  who  shall 
approve  all  bills  incurred  before  they  are  sent  to  the  auditor 
for  payment.  The  total  expenditure  under  this  resolve 
shall  not  exceed  the  sum  of  eight  thousand  dollars. 
Chapter  ninety-two  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-four  is  hereby  repealed. 

Apx>roved  February  25,  1896. 

Resolve  relative  to  the  settlement  of  certain  controversies  rfjjffj^    V7 

CONCERNING   FLATS   IN   CHARLES   RIVER.  "' 

Resolved,  That  in  the  matter  of  the  petition  of  Mary  Fiatg  m  charies 
Gr.  Fisk  and  others  against  the  Commonwealth  of  Massa-  "'*"^' 
chusetts,  now  pending  in  the  superior  court  for  the  county 


604  Kesolves,  1806.  — Chaps.  18,  19,  20. 

of  Suffolk,  under  chapter  forty-nine  of  the  resolves  of  the 
year  eighteen  hundred  and  ninety-five,  the  court  may 
summon  all  persons  who  have  claims  to  any  of  the  land 
and  flats  referred  to  in  said  chapter  to  become  parties  to 
said  pending  cause,  by  publication  in  such  newspaper  as 
it  may  deem  proper,  once  a  week  for  three  successive 
weeks,  the  last  publication  to  be  fourteen  days  at  least 
before  the  return  day  of  such  summons ;  and  the  final 
judgment  of  the  court  in  the  cause,  upon  default  of 
appearance  of  claimants  within  ten  days  after  the  return 
day,  or  after  opportunity  for  hearing  given  to  claimants 
who  appear,  shall,  as  against  the  Commonwealth,  be  bind- 
ing on  all  persons,  and  said  court  shall  have  all  the  powers 
of  a  court  of  equity,  so  far  as  the  same  may  be  necessary, 
for  a  final  determination  of  the  question  involved  in  the 
cause.  Approved  February  26,  1896. 

ChCll).    18   I^ESOLVE   IN   FAVOR   OF   THE   TRUSTEES   OF    THE    SOLDIERS'   HOME   IN 

MASSACHUSETTS. 

Soldiers'  Home.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  The  Trustees  of  the 
Soldiers'  Home  in  Massachusetts,  the  sum  of  thirty  thou- 
sand dollars,  the  same  to  be  used  towards  the  maintenance 
of  a  home  for  deserving  soldiers  and  sailors. 

Approved  Fehruary  28,  1896. 

ChdV'  10    Resolve  relative  to  the  new  state  normal  school  at  salem. 

Normal  school  ResoJvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  for  the  purpose  of  the 
construction  of  the  new  state  normal  school  building  at 
Salem  a  sum  not  exceeding  twenty-five  thousand  dollars, 
in  anticipation  of  the  proceeds  of  the  sale  of  the  present 
normal  school  building  provided  for  by  chapter  ninety-one 
of  the  resolves  of  the  year  eighteen  hundred  and  ninety- 
three.  Approved  March  5,  1896. 

ChCin.  20  I^ESOLVE  PROVIDING  FOR  THE  CARE  AND  FURNISHING  OF  THE 
ARMORY  OF  THE  MASSACHUSETTS  VOLUNTEER  MILITIA  IN  THE 
CITY   OF   FALL  RIVER. 

Armory  at  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Fall  River.  /.       i  /-  i   i 

treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-two  hundred  dollars,  for  the  care,  heating,  light- 


Resolves,  1896.  — Chaps.  21,  22,  23,  24.  605 

ing  and  furnishing  of  the  armory  in  process  of  erection  in 
the  city  of  Fall  River,  until  such  time  as  the  armory  is 
completed  and  turned  over  to  the  Commonwealth. 

Approved  March  5,  1896. 

RkSOLVE    relative     to     the     funeral     of     FREDERIC     T.     GREEN-    (JJidp^   21 
HALGE,  LATE   GOVERNOR   OF  THE   COMMONWEALTH. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Funeral  of 
treasury  of  the  Commonwealth  such  sum,  to  be  expended  oreenhaige, late 
by  the  lieutenant  governor  and  the  council,  as  in  their  governor. 
opinion  may  be  necessary  for  paying  the  funeral  expenses 
of  Frederic  T.  Greenhalge,  late  governor  of  the  Common- 
wealth, and  for  showing  proper  respect  to  his  memory. 

Approved  March  6",  1896. 


Chap.  22 


Resolve  relative  to  completing  the  index  of  the  war 
records  and  the  re-writing  of  the  war  record  books  in 
the  office  op  the  adjutant  general  and  the  inspector 

GENERAL. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  index  of  war 
treasury  of  the  Commonwealth  the  sum  of  twenty-five  ^^'^^^  *' 
hundred  dollars,  in  addition  to  the  amount  of  fifteen  hun- 
dred dollars  appropriated  by  chapter  one  hundred  and 
twenty-one  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-five,  to  be  expended  under  the  direction  of  the 
adjutant  general  for  the  purpose  of  re-writing  the  record 
books  for  permanent  preservation. 

Approved  March  11,  1896. 

Resolve  to  provide  for  the  pchlication  of  an  outline  of  HJiQ/jy    23 

LESSONS   IN   DRAWING  FOR  UNGRADED   SCHOOLS.  " 

Resolved,  That  there  be  allowed  and  paid  out  of  the  outuneof 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  drTwing'for 
and  fifty  dollars,  to  be  expended  under  the  direction  of  scifoofs!*^ 
the  state  board  of  education,  for  defraying  the  expense 
of  publishing  three  thousand  copies  of  "An  Outline  of 
Lessons  in  Drawing  for  Ungraded  Schools ",  for  the  use 
of  public  schools.  Approved  March  11,  1896. 

Resolve  relative  to  the  topographical  survey  and  map  of  rih^jr^^    04 

MASSACHUSETTS.  -* 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Topographical 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifteen  ^"'■^''^' 


606  Kesolves,  1896.  — Chaps.  25,  26,  27. 

thousand  one  hundred  dollars,  to  be  expended  by  the  com- 
missioners on  the  topographical  survey,  for  the  following 
purposes,  to  wit :  For  continuing  the  determination  by 
triangulation  of  the  boundary  lines  of  the  cities  and  towns 
in  this  Commonwealth,  and  marking  state  boundary  lines, 
to  include  supplementary  topographical  map  and  leveling, 
a  sum  not  exceeding  twelve  thousand  dollars  ;  for  selling 
and  distributing  maps,  a  sum  not  exceeding  one  thousand 
dollars ;  for  duplicating  atlases  of  town  boundary  plans,  a 
sum  not  exceeding  two  thousand  dollars,  and  for  instru- 
ments, a  sum  not  exceeding  one  hundred  dollars. 

Approved  March  19,  1896. 

Chav     25  Resolve  to  provide  for  the  publication  of^a   new   edition 

OF   THE   COURSE   OF   STUDIES   FOR   ELEMENTARY   SCHOOLS. 

New  edition  of  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
Bt*udTe8°or  treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
sih^oi"';"'^^  hundred  and  tifty  dollars,  to  be  expended  under  the  direc- 
tion of  the  state  board  of  education  for  the  purpose  of  de- 
fraying the  expense  of  publishing  three  thousand  copies 
of  the  "Course  of  Studies  for  Elementary  Schools",  for 
the  use  of  the  public  schools. 

Ap2yroved  March  19,  1896. 


Chap.  26 


Resolve  providing  for  the  printing  of  five  hundred  extra 

COPIES    OF     the     seventh    REPORT      OF    THE     COMMISSIONER     OF 
PUBLIC   RECORDS. 

Report  of  Besolvecl,    That  five  hundred  additional  copies  of  the 

puwTc'recoTds?'  sevciith  rcport  of  the  commissioner  of  public  records  be 
printed,  to  be  distributed  under  the  direction  of  said  com- 
missioner. Approved  March  19,  1896. 

CJiav     27  Resolve  to  instruct  the  metropolitan  park  commission  and 

^  '  THE    STATE    BOARD  OF    HEALTH  TO   REPORT    IN    PRINT    THE    CON- 

DITION  OF  THE   CHARLES   RIVER. 

Report  of  park        Resolvcd,  That  the  joint  board  consisting  of  the  metro- 

BiX^boaid  of     politan  park  commission  and  the  state  board  of  health  be 

dittonoTcwieB  instructed  to  report  in  print  upon  the  condition   of  the 

river.  Charles  river  and  its  banks,  from  the  line  between  Wal- 

tham  and  Watertown  and  Mother  brook  in  Dedham,  as 

required  by  chapter  five  hundred  and  twenty-nine  of  the 

acts  of  the  year  eighteen  hundred  and  ninety-four,  and  to 

have  printed  and  bound  in  cloth  two  thousand  copies  of 


Resolves,  1896.  — Chaps.  28,  29,  30,  31.  607 

said  report,  five  hundred  copies  to  be  for  the  use  of  the 
legislature,  five  hundred  copies  for  the  use  of  the  joint 
board,  and  the  balance  to  be  distributed  under  the  direc- 
tion of  the  secretary  of  the  Commonwealth. 

Ap2)roved  March  19,  1896. 

Resolve  in  favor  of  liza  hemmenway,  a  member  of  the  has-  (J]i(xj),   28 

SANAMISCO   tribe   OF  INDIANS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  LizaHemmen- 
treasury  of  the  Commonwealth  to  the  selectmen  of  Gard- 
ner an  annuity  of  three  hundred  dollars  a  year,  for  the 
benefit  of  Liza  Hemmenway,  a  survivor  of  the  Hassana- 
misco  tribe  of  Indians,  for  the  rest  of  her  natural  life,  to 
be  expended  by  the  selectmen  for  the  support  of  said  Liza 
Hemmenway  and  her  husband  Henry  B.  Hemmenway, 
beginning  with  the  first  day  of  January  in  the  year  eight- 
een hundred  and  ninety-six  and  payable  in  equal  quarterly 
instalments.  Approved  March  21,  1896. 


Gimp.  29 


Resolve  in  favor  of  the  massachusbtts  charitable  eye  and 
ear  infirmary. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury    of   the    Commonwealth    to    the    Massachusetts  and  Ea"r  ^   ^^ 
Charitable  Eye  and   Ear  Infirmary  the   sum  of  twenty  i°fl'"'"'*''y- 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  managers  thereof  for  the  charitable  purposes  of  said 
infirmary  during  the  present  year. 

Approved  March  21,  1896. 

Resolve  in  aid  of  the  free  public  library  of  peru.  ChciV'   30 

Resolved,   That  the  board  of  library  commissioners  is  Free  public 
hereby  authorized  to  expend  one  hundred  dollars  in  the  '  '^**^^° 
purchase   of  books  to  aid  in   replacing  the   free    public 
library  of  the  town  of  Peru,  which  was  destroyed  by  fire 
on  the  twenty-second  day  of  February  in  the  year  eight- 
een hundred  and  ninety-five.     Approved  March  25,  1896. 

Resolve  to  provide  for  thh  collection  and  circulation  of  f^jjf^j^    Q1 
information  relating  to  abandoned  farms.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  information 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  abando°r!ed 
thousand  dollars,  to  be  expended  under  the  direction  of  ^"'^^• 
the  state  board  of  agriculture  in  collecting  all  necessary 


608  Kbsolves,  1896.  — Chaps.  32,  33,  34. 

information  in  regard  to  the  opportunities  for  developing 
the  agricultural  resources  of  the  Commonwealth  through 
the  repopulation  of  abandoned  and  partially  abandoned 
farms,  and  causing  the  facts  obtained  and  a  statement 
of  the  advantages  offered  to  be  circulated  where  and  in 
such  manner  as  said  board  may  consider  for  the  best  in- 
terests of  the  Commonwealth,  in  accordance  with  chapter 
two  hundred  and  eighty  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-one.  Apjjroved  March  25,  1896. 


Chcin.   32  Resolve  to  provide  for  certain  improvements  at  the  state 

LUNATIC   HOSPITAL  AT   NORTHAMPTON. 

wuohoepuai.  Besolvcd,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty-five  thousand  dollars,  to  be  expended  at  the  state 
lunatic  hospital  at  Northampton  under  the  direction  of 
the  trustees  thereof  for  the  purpose  of  completing  the 
reconstruction  of  the  north  wing  of  said  hospital  so  as  to 
conform  to  the  south  wing  thereof. 

Approved  March  25,  1896. 

GhciT)     33  Resolve  to  provide  for  printing  extra  copies  of  the  report 

OF   THE   MASSACHUSETTS  HIGHWAY  COMMISSION. 

Report  of  ResolvexJ ,  That  three  thousand  extra  copies  of  the  third 

highway  com-  annual  report  of  the  Massachusetts  highway  commission 
be  printed  and  bound  in  cloth.  Out  of  the  number  so 
printed  each  member  of  the  present  general  court  shall 
be  entitled  to  receive  ten  copies  and  the  residue  shall  be 
distributed  under  the  direction  of  the  commission. 


mission. 


Apjiroved  March  25,  1896. 


Chap.  34 


JohnsoD. 


Resolve  in  favor  of  mary  o.  johnson. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
Maryo.  trcasurv    of  the    Commonwealth   to    Mary   O.   Johnson, 

mother  of  George  H.  Johnson  late  registrar  oi  labor  m 
the  department  of  the  civil  service  commissioners  who  died 
on  the  twenty-sixth  day  of  January  in  the  year  eighteen 
hundred  and  ninety-six,  the  sum  of  eighteen  hundred  sixty 
dollars  and  twenty-two  cents,  being  the  amount  of  salary 
to  wdiich  said  George  H.  Johnson  would  have  been  entitled 
had  he  lived  until  the  thirty-first  day  of  December  of  the 
present  year.  Approved  March  25 y  1896. 


Resolves,  1896.  — Chaps.  35,  36,  37,  38.  609 


Resolve  to  provide  additional  copies  of  the  report  of  the  (^Tjf,^-,     Qr 

BOARD   OF  harbor  AND  LAND  COMMISSIONERS.  "^ 

liesolvedy  That  five  hundred  additional  copies  of  the  Report  of 
report  of  the  board  of  harbor  and  land  commissioners  for  commUBioners. 
the  year  eighteen  hundred  and  ninety -five  be  printed  and 
bound  in  cloth,  to  be  distributed  under  the  direction  of 
said  board.  Approved  March  25, 1896. 


Chaj).  36 


Resolve  relative  to  furnishing  certain  books  to  the  town 
of  duxbury. 

liesolued,  That  the  secretary  of  the  Commonwealth  is  Furnishing  cer- 
hereby  directed  to  furnish  to  the  town  of  Duxbury  such  town^of  Dux- 
volumes  of  the  reports  of  decisions  of  the  supreme  judicial  ^"""y* 
court  as  he  now  has  on  hand  for  distribution,  to  replace 
volumes  destroj'ed  at  the  burning  of  the  almshouse  in  said 
town.  Ap2)rovecl  March  25,  1896. 


Cliaii.  37 


Resolve   ix   favor    of   michael   harkan   and    the   town   of 

westfield, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Michael  narr 
treasury  of  the  Commonwealtli  to  Michael  Harran  of  wes'taeid.''^ 
Westfield  the  sum  of  thirty-five  dollars,  being  the  value 
of  a  cow  belonging  to  him  which  was  condemned  and 
killed  by  order  of  the  lioard  of  health  of  said  town  ;  and 
the  further  sum  of  ten  dollars  to  said  town  in  reimburse- 
ment for  expenses  paid  by  its  board  of  health  in  examin- 


ing, killing  and  buryins;  said  cow. 


Approved  March  25,  1896. 


^-  Chap.  38 


Resolve  granting  a  county  tax  for  the  county  of  barn- 
stable. 

Resolved,  That  the  county  commissioners  for  the  county  county  tax. 
of  Barnstable  are  hereby  authorized  to  levy  as  the  county  ^^'^°^*''^'*- 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  twenty-four  thousand  dol- 
lars, to  be  expended  for  the  following  purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceedinff  one 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceedino-  nine 
hundred  dollars. 

For  salaries  of  county  ofiicers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  five  thousand  three  hundred  and 
fifty  dollars. 


610  Kesolves,  1896.  —  Chaps.  39,  40. 

County  tax,  YoY  sakries  and  expenses  of  district  and  police  courts, 

a  sum  not  exceeding  three  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  coiTection,  in  ex- 
cess of  receipts,  a  sum  not  exceeding  three  thousand  one 
hundred  dollars. 

For  criminal  costs  in  the  superior  court,  in  excess  of 
receipts,  a  sum  not  exceeding  two  thousand  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  one  thousand  eight  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  seven  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  one  thousand  nine  hundred 
dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding eight  hundred  and  fifty  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  five  hundred 
.     dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  four  hundred  and  fifty  dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not  ex- 
ceeding two  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  three  hundred  and  fifty 
dollars.  Approved  March  25, 1896. 

Chaj).   39  Resolve  in  favor  of  rokekt  t.  swan. 

Robert  T.  Resolved^  That   there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Robert  T.  Swan,  com- 
missioner of  public  records,  the  sum  of  fourteen  dollars 
and  fifty-six  cents,  to  reimburse  him  for  money  paid  to  the 
state  printers.  Appjroved  March  25,  1896. 

Chcip.  40  Resolve  granting  a   county  tax   for  the  county  of  dukes 

COUNTY. 

Duke'/county.       Resolved,  That  the  county  commissioners  for  the  county 
of  Dukes  County  are   hereby  authorized  to  levy  as   the 


Resolves,  1896.  — Chap.  41.  611 

county  tax  of  said  county  for  the  current  year,   in  the  county  tax, 
manner  provided  by  law,  the  sum  of  seven  thousand  five    "  **  ''"°*^' 
hundred  dollars,  to  be  expended  for  the  following  pur- 
poses, to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  three 
hundred  and  fifty  dollars. 

For  salaries  of  county  ofiicers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  two  thousand  three  hundred 
dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in  excess 
of  receipts,  a  sum  not  exceeding  eight  hundred  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of 
receipts,  a  sum  not  exceeding  seven  hundred  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  one  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  three  hundred 
dollars. 

For  medical  examiners,  inquests,  and  commitment  of  the 
insane,  a  sum  not  exceeding  one  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not.  exceeding  two  hundred  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  exceed- 
ing four  hundred  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  clerical  assistance  in  county  ofiices,  in  excess  of 
receipts,  a  sum  not  exceeding  three  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  fifty  dollars. 

Approved  March  28,  1896. 

Resolve  to    provide  for   furnishing  the    new   buildings  of  /^^^^    4.I 

THE   MEDFIELD  INSANE   ASYLUM.  ^  ' 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Buildings  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty  ^yi'^m!^  '"^""^ 
thousand  dollars  in  addition  to  the  amount  authorized  by 
chapter  eighty-seven  of  the  resolves  of  the  year  eighteen 
hundred  and  ninety-five,  to  be  expended  under  the  direc- 
tion of  the  trustees  of  the  Medfield  insane  asylum  for  the 
purpose  of  furnishing  the  buildings  of  said  institution. 

Approved  March  28,  1896. 


612  Eesolves,  1896.  — Chaps.  42,  43,  44. 


ChCtn.    42  I^ESOLVE   TO   PKOVIDE   FOR   ADDITIONAL   COPIES   OF   THE   REPORT   OF 
THE   BOARD   OF   REGISTRATION  IN   MEDICINE. 

^f^Ss^ration"^       J^GSolved,  That  one  thousand  additional  copies  of  the 
in  medicine.       sBcond  annual  I'eport  of  the  hoard  of  registration  in  medi- 
cine be  printed,  to  be  distributed  under  the  direction  of 
said  board.  Approved  March  28,  1896. 

CJiaT).  43  Resolve  providing  for  erecting  in  the  state  house  or  on 

THE  state    house   GROUNDS  AN   EQUESTRIAN  STATUE,  IN    HRONZE, 
OF  THE  LATE   MAJOR   GENERAL  JOSEPH   HOOKER. 

Genera?j^8eph       Besolved,  That  there  be  allowed  and  paid  out  of  the 
Hooker.  treasury   of  the   Commonwealth,   to  be  expended  under 

the  direction  of  the  governor  and  council,  a  sum  not  to 
exceed  fifty  thousand  dollars,  for  the  purpose  of  erecting 
in  Massachusetts  an  equestrian  statue,  in  bronze,  of  the 
late  Major  General  Joseph  Hooker ;  said  statue  to  be 
placed  in  or  near  the  state  house,  on  such  site  as  the  gov- 
ernor and  council  may  designate. 

Approved  March  28,  1896. 

Chap.   44  Resolve  granting  a  county  tax  for  the  county  of  Plymouth. 

County  tax,  Resolved,  That  the  county  commissioners  for  the  county 

ymout  .         ^^  Plymouth  are  hereby  authorized  to  levy  as  the  county 

tax  of  said  county  for  the  current  year,  in  the  manner 

provided  by  law,  the  sum  of  ninety-five  thousand  dollars, 

to  be  expended  for  the  following  purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  five 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
fifteen  thousand  dollars. 

For  salaries  of  county  oflficers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nine  thousand  five  hundred 
dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twelve  thousand  five  hundred  dol- 
lars. 

For  salaries  of  jailers,  masters  and  assistants,  and  for 
support  of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  eleven  thousand 
dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  nine  thousand  dollars. 


Resolves,  1896.  — Chap.  45.  613 

For  civil  expenses  in  supreme  and  superior  courts,  a  county  tax, 
sum  not  exceeding  six  thousand  dollars.  Plymouth. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  one  thousand  seven  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  Imild- 
ings,  a  sum  not  exceeding  two  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding three  thousand  four  hundred  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  nine  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  one  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not  ex- 
ceeding one  thousand  two  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess  of 
receipts,  a  sum  not  exceeding  five  thousand  five  hundred 
dollars.  Approved  March  28,  1896. 

Resolve  granting  a  county  tax  for  the  county  of  essex     njjnrt    A^ 

Resolved^  That  the  county  commissioners  for  the  county  county  tax, 
of  Essex  are  hereby  authorized  to  levy  as  the  count}^  tax  ^^*®^' 
of  said  county  for  the  current  year,  in  the  manner  provided 
by  law,  the  sum  of  two  hundred  and  twenty-five  thousand 
dollars,   to  be  expended  for   the  following  purposes,  to 
wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  five  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-five  thousand  four  hun- 
dred dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  thirty-three  thousand  five  hundred 
dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in   jails  and  houses  of  correction,  in 


614  Kesolves,  1896.  — Chap.  46. 

County  tax,       excess  of  receipts,  a  sum  not  exceeding  forty-three  thou- 
sand  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  twenty-one  thousand  five 
hundred  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  sixteen  thousand  five  hundred  dollars. 

For  trial  justices,  a  sum  not  exceeding  four  thousand 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  eight  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
three  thousand  dollars. 

For  repairing,  furnishing  and  improving  count}"  build- 
ings, a  sum  not  exceeding  five  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding twelve  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  five  thousand  six  hundred 
dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  fifteen  thousand  dollars. 

Approved  April  i,  1896. 

Chap,  46     Resolve  granting  a  county  tax  for  the  county  of  Bristol. 

BrtBtof  **'''  Resolved^  That  the  county  commissioners  for  the  county 

of  Bristol  are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  sum  of  two  hundred  and  seventy  thou- 
sand dollars,  to  be  expended  for  the  following  purposes, 
to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding 
twenty-one  thousand  eight  hundred  dollars. 


Resolves,  1896.  —  Chap.  47.  615 

For  reduction   of  county   debt,   a   sum   not  exceeding  county  tax, 
sixty  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nineteen  thousand  two  hundred 
dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  forty-nine  thou- 
sand five  hundred  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  receipts, 
a  sum  not  exceeding  twenty  thousand  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  fifteen  thousand  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  six  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  fifteen  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  exceed- 
ing; fourteen  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  four  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  eleven  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
five  hundred  dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  two  thousand  five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  m  excess  of 
receipts,  a  sum  not  exceeding  seven  thousand  five  hundred 
dollars.  Approved  April  1,  1896. 


Resolve  in  favor  of  elmer  hewitt.  Chap.  47 

Eesolved,  That  Elmer  Hewitt  of  Weymouth,  father  of  EimerHewut. 
Henry   Hewitt  formerly  a  member  of  company  B,  fourth 
regiment,    cavalry,    Massachusetts   volunteers,   who   died 
while  a  prisoner  of  war  during  the  war  of  the  rebellion, 


616  Resolves,  1896.  — Chaps.  48,  49. 

shall,  from  and  after  the  passage  of  this  resolve,  be  eligible 
to  receive  state  aid,  under  the  provisions,  rules  and  limita- 
tions of  chapter  three  hundred  and  one  of  the  acts  of  the 
year  eighteen  hundred  and  ninety-four,  in  the  same  man- 
ner and  to  the  same  extent  as  other  dependent  fathers  now 
receiving  aid  under  said  chapter. 

Approved  April  1,  1896. 

CllCtp.  48  Resolve  in  favor  op  Bridget  lemmon. 

Bridget  Resolved,    That   Bridofet   Lemmon,    widow    of  Joseph 

Lemmon  who  served  during  the  war  ot  the  rebeUion  as 
seaman  on  board  the  United  States  coast  survey  steamers 
Vixen  and  Bibb,  shall,  from  and  after  the  passage  of  this 
resolve,  be  eligible  to  receive  state  or  military  aid,  under 
the  provisions,  rules  and  limitations  of  chapter  three  hun- 
dred and  one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-four,  in  the  same  manner  and  to  the  same  extent 
that  she  would  have  been  entitled  to  receive  the  same  had 
her  late  husband  served  as  an  enlisted  seaman  in  the  United 
States  navy.  A^jproved  April  i,  1896. 

CllCip.  49  Resolve  granting  a  county  tax  for  the  county  of  Middlesex. 
County  tax,  Resolved,  That  the  county  commissioners  for  the  county 

Middlesex.  '  i        •        i  i  ^ 

of  ^Middlesex  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner  pro- 
vided by  law,  the  sum  of  four  hundred  and  forty-five 
thousand  two  hundred  dollars,  to  be  expended  for  the  fol- 
lowing purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  forty 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-two  thousand  two  hundred 
dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  sixty-one  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  seventy-eight 
thousand  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  twenty-six  thousand  dollars. 


Resolves,  189G.  — Chap.  50.  617 

For  civil  expenses  in  supreme  and  superior  courts,  a  county  tax, 
sum  not  exceeding  forty  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  two  thousand 
two  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  eight  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  eleven  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing five  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  thirty  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding twenty  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  clerical  assistance  in  county  ofiices,  in  excess  of 
receipts,  (including  eight  thousand  dollars  for  copj'ing 
records  of  northern  district  registry,)  a  sum  not  exceed- 
ing thirty-seven  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  five  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  five  thousand  dollars. 

Approved  April  4,  1896. 

Resolve  GRANxixa  a  county  tax  for  the  county  of  hampden.  nhrtj^    n;() 

Resolved,  That  the  county  commissioners  for  the  county  county  tax, 
of  Hampden  are  hereby  authorized  to  levy  as  the  county  ^^'^p'*^"- 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  one  hundred  and  sixty-five 
thousand  dollars,  to  be  expended  for  the  following  pur- 
poses, to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four- 
teen thousand  dollars. 

For  reduction  of  countv  debt,  a  sum  not  exceeding; 
twenty-one  thousand  dollars. 

For  salaries  of  county  ofiicers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  nineteen  thousand  five  hundred  dollars. 


618  Eesolves,  1896.  — Chap.  51. 

nrmpdenf'  ^^^  Salaries  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  twenty-five  thou- 
sand five  hundred  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  twenty-four  thousand  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  two  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  four  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  eight  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding eight  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  eight  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  count}^  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  five  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  six  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  three  thousand  eight 
hundred  dollars.  Approved  Ap)ril  4,  1896. 


THE  COUNTY  OF  HAMPSmRE. 


Chap.  51  Resolve  granting  a  county  tax  fok 

County  tax,  Besolvecl,  That  the  county  commissioners  for  the  county 

of  Hampshire  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  fifty  thousand  dollars,  to  be 
expended  for  the  following  purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
eiofht  thousand  dollars. 


Resolves,  1896.  — Chap.  52.  619 

For  salaries  of  county  officers  and  assistants,  fixed  by  countytax, 
law,  a  sum  not  exceeding  seven  thousand  three  hundred  ""''*  "^*" 
dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  six  thousand  one  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  seven  thousand 
eight  hundred  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  two  thousand  five  hundred 
dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  four  thousand  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  one  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  seven  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
three  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  one  thousand  dollars. 

For  care,  fuel,  lights  and  su})plies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding four  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  two  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  one  thousand  dollars. 

Approved  April  4,  1896. 

Resolve  uelative  to  the  immigration  of  western  islanders  /^A^,v,    no 

INTO    BARNSTABLE   COUNTY.  -^ 

Resolved,  That  the  bureau  of  statistics  of  labor  is  hereby  immigration  of 
instructed  to  make  inquiries  concerning  the  immigration  isiandl^s. 
of  Western  Islanders  into  Barnstable  county,  and  to  re- 
port in  print  the  results  of  such  inquiries,  including  such 


G20  Resolves,  1896.  — Chap.  53. 

statistical  and  other  information  as  said  bureau  may  deem 
important,  to  the  general  court  on  or  before  the  first 
Wednesday  in  January  in  the  year  eighteen  hundred  and 
ninety-seven.  Approved  April  4,  1S96. 

Chan.  53  Resolve  granting  a  county  tax  for  the  county  of  franklin. 
County  tax,  Resolvecl,  That  the  county  commissioners  for  the  county 

of  Franklin  are  hereby  authorized  to  levy  as  the  county 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  thirty-five  thousand  dollars, 
to  be  expended  for  the  following  purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  one 
thousand  six  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  six  thousand  three  hundred 
dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in  ex- 
cess of  receipts,  a  sum  not  exceeding  five  thousand  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  four  thousand  two  hundred 
dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  two  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  three  thousand 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  seven  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
three  hundred  dollars. 

For  repairing,  tiirnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  three  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding two  thousand  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  three  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  six  hundred 
dollars. 


Resolves,  1896.  —  Chaps.  54,  55,  56.  621 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  one  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  one  thousand  seven 
hundred  dollars.  Approved  Ap)ril  4,  1896. 

Resolve  to  pkoviue  kok  completing  and  furnishing  the  gym-  nj^rfj^     KA 

NASIUM   of   the   WORCESTER   NORMAL   SCHOOL. 

Resolved.  That  there  be  allowed  and  paid  out  of  the  Worcester 

^    ■,         r^  iji  ,  T  J.         normal  school 

treasury  oi  the  Commonwealth  a  sum  not  exceeding  ten  gymnasium. 
thousand  dollars,  for  the  purpose  of  completing  and  fur- 
nishing the  gymnasium  connected  with  the  state  normal 
school  at  Worcester  and    providing   the  buildings  with 
electric  lights.  Approved  April  7,  1896. 

Resolve  in  favor  of  philip  h    creasey.  (Jlian.   b^ 

Resolved^  That  there  be  allowed  and  paid  out  of  the  PhiiipH. 
treasury  of  the  Commonwealth  to  Philip  H.  Creasey  of  ''^'^^^y- 
Newburyport  the  sum  of  five  hundred  dollars,  said  Creasey 
being  a  naval  cadet  who  was  detached  from  the  training 
ship  Enterprise  on  the  twenty-seventh  day  of  January  in 
the  present  year  and  placed  on  board  the  steamer  St. 
Louis  at  Xew  York,  and  who  on  the  twenty-ninth  day  of 
January  was  disabled  for  life  by  an  accident  occurring  to 
him  on  said  steamer.  Approved  April  10,  1896. 

Resolve  granting  a  county  tax  for  the  county  of  Worcester,  ni^f.^-f    5(3 

Resolved,  That  the  county  commissioners  for  the  county  county  tax, 
of  Worcester  are  hereby  authorized  to  levy  as  the  county  ^°'"'=®*^^'^- 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  two  hundred  and  fifty  thou- 
sand dollars,  to  be  expended  for  the  following  purposes, 
to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  three  hundred  and  seventy-five  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  salaries  of  county  oflicers  and  assistants,  fixed  b}' 
law,  a  sum  not  exceeding  twenty-three  thousand  one 
hundred  and   fifty  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-seven  thousand  four  hundred 
and  fifty  dollars. 


622  Resolves,  1896.  — Chap.  57. 

woTcLter!  -^^^  salaries  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  forty-four  thou- 
sand dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  sixteen  thousand  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  fifteen  thousand  dollars . 

For  trial  justices,  a  sum  not  exceeding  four  thousand 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  eight  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  five  thousand  five  hundred 
dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  seven  hundred  dollars. 

For  building  county  buildings,  a  sum  not  exceeding  five 
thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  ten  thousand  dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding thirteen  thousand  nine  hundred  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  twenty  thousand  dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  eighteen  thousand  four  hun- 
dred dollars. 

For  law  libraries,  a  sum  not  exceeding  four  thousand 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  five  thousand  seven  hun- 
dred and  twenty-five  dollars.      Approved  April  13,  1896. 

Chap.   57  Resolve  in  favor  of  joseph  f.  toole. 

Jo^^ephF.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Joseph  F.  Toole  of 
Boston  the  sum  of  two  hundred  and  fifty  dollars,  in  full 
compensation  for  injuries  received  by  said  Toole  while  in 
the  discharge  of  his  duties  as  an  employee  of  the  gypsy 
moth  commission.  Approved  April  13,  1896. 


Resolves,  1896.  — Chaps.  58,  59.  623 


Resolve  im  favor  ok  john  j.  donahue.  CJiClT).   58 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Johnj. 
treasury  of  the  Commonwealth  to  John  J.  Donahue  of 
Salem  the  sum  of  one  hundred  and  fifty  dollars,  in  full 
compensation  for  injuries  received  by  said  Donahue  on  the 
twenty-fourth  day  of  May  in  the  year  eighteen  hundred 
and  ninety-five  in  consequence  of  the  firing  of  a  salute  by 
the  state  militia  at  the  funeral  of  General  William  Coffswell. 

Approved  April  13,  1896. 

Resolve  granting  a  county  tax  to  the  county  of  Berkshire.  (JJinq^     59 

Resolved,  That  the  county  commissioners  for  the  county  county  tax, 
of  Berkshire  are  hereby  authorized  to  levy  as  the  county  ^®'^'^^^"'®- 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided   by  law,  the  sum  of  eighty  thousand  dollars,  to  • 
be  expended  for  the  following  purposes,  to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  seven 
thousand  two  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  in  excess  of  receipts,  a  sum  not  exceeding  nine  thou- 
sand dollars. 

For  salaries  and  expenses  of  district  and  police  courts,  a 
sum  not  exceeding  fourteen  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  fourteen  thousand 
three  hundred  dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  re- 
ceipts, a  sum  not  exceeding  eight  thousand  five  hundred 
dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  three  thousand  five  hundred  dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  one  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  one  thousand  eight  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
four  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  ])uild- 
ings,  a  sum  not  exceeding  two  thousand  dollars. 


624 


Resolves,  1896.  —  Chaps.  60,  61. 


County  tax, 
Berkshire. 


Chap 


For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding three  thousand  eight  hundred  dollars. 

For  highways,  l)ridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  four  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  in  excess  of 
receipts,  a  sum  not  exceeding  one  thousand  dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  one  thousand  five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  one  thousand  dollars. 

Approved  April  13,  1896. 


50  Rksolve  to  authokize  the  appointmext  of  a  commission  to 
investigate   the    charitable   and   kekohmatoky   interests 


ComtnisBion  to 
investigate  the 
charitable  and 
reformatory 
interests,  etc., 
of  the  Com- 
monwealth. 


AND    INSTITUTIONS    OF    THE    COMMONWEALTH. 

Resolved,  That  the  governor,  by  and  with  the  advice 
of  the  council,  be  and  he  is  hereby  authorized  to  appoint  a 
commission,  consisting  of  three  persons,  to  investigate  the 
public  charitable  and  reformatory  interests  and  institutions 
of  the  Commonwealth ;  to  inquire  into  the  expediency  of 
revising  the  system  of  administering  the  same  and  of 
revising  all  existing  laws  in  regard  to  pauperism  and  in- 
sanity, including  all  laws  relating  to  pauper  settlements ; 
and  furthermore  to  inquire  into  the  relation  of  pauperism 
and  insanity  to  cinme,  with  a  view  to  securing  economy 
and  efficiency  in  the  care  of  the  poor  and  insane  in  this 
Commonwealth.  Said  commission  may  employ  a  stenog- 
rapher, shall  have  power  to  send  for  persons  and  papers, 
and  may  incur  such  expenses  and  receive  such  compensa- 
tion for  their  services  as  the  governor  and  council  may 
determine.  Said  commission  shall  submit  its  report  in 
print,  with  a  bill  or  bills,  if  practicable,  to  the  governor 
and  council  before  the  first  day  of  February  in  the  year 
eighteen  hundred  and  ninety-seven. 

Ax)proved  April  13,  1896. 


Chap.    61  Resolve    relative    to    the  report  of  the  state  board    of 

HEALTH     UPON     THE     SANITARY     CONDITION     OF     THE     NEPONSET 
MEADOWS. 

fa'n'lfarVcon-  Bcsolved,  That   the    state    board    of   health    is    hereby 

dition  of  the       authorized  to  reijort  in  print  the  results  of  its  investiga- 

Neponset  n     i  •  •  •     i         -vt  i 

meadows.  tion  of  the  sauitary  condition  ot  the  iSeponset  meadows, 


Eesolves,  1896.  — Chaps.  62,  63,  64,  65.  625 

made  in  conformity  with  the  provisions  of  chapter  eighty- 
three  of  the  resolves  of  the  year  eighteen  hundred  and 
ninety-five,  and  that  two  thousand  copies  of  said  report 
be  printed.  Approved  April  13,  1896. 

Resolve  in  favor  of  the  town  of  orange.  Chav.   62 

Resolved,  That  there   be  allowed  and  paid  out  of  the  Town  of 
treasury   of  the   Commonwealth  to  the  town  of  Orange    ^^^^^' 
the  sum  of  three  hundred  and  fifty  dollars,  for  armory  rent 
for  the  year  eighteen  hundred  and  ninety-five. 

Apj^roved  April  13,  1896. 

Resolve  in  favor  of  Caroline  e.  chase.  Chan    63 

liesolved.  That  Caroline  E.  Chase  of  Marblehead,  widow  Caroline  e. 
of  Henry  Frost,  alias  Charles  H.  Chase,  who  was  a  ser-  ^^''^^• 
geant  in  company  G,  first  regiment,  Louisiana  volunteer 
cavalry,  shall,  from  and  after  the  passage  of  this  resolve, 
be  eligible  to  receive  state  aid  under  the  provisions,  rules 
and  limitations  of  chapter  three  hundred  and  one  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-four,  in  the 
same  manner  and  to  the  same  extent  that  she  would  have 
been  entitled  had  the  said  Henry  Frost  served  to  the  credit 
of  this  Commonwealth.  Approved  April  13,  1896. 

Resolve  in  favor  of  harry  w.  welch.  Oh  art    64 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Harry  w. 
treasury  of  the  Commonwealth  to  Harry  W.  Welch  of  ^^^''^• 
Cambridge  an  annuity  of  three  hundred  dollars  for  the 
term  of  his  natural  life,  to  be  so  allowed  from  the  first  day 
of  January  in  the  year  eighteen  hundred  and  ninety-seven, 
in  consequence  of  disabilities  incurred  while  on  duty  as  a 
member  of  company  B,  first  regiment,  infantry,  Massa- 
chusetts volunteer  militia,  at  the  annual  muster  of  the 
regiment  in  the  year  eighteen  hundred  and  eighty-eight. 

Approved  April  13,  1896. 

Resolve  rROvioiNG  for  the  preparation  of  an  index  to  the  (^lyfyr^     (\^ 

REGISTRATION    RETURNS,  ^  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  index  to 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two  refurns?'"" 
thousand  dollars  for  completing  the  alphabetical  index  to 
the  returns  of  births,  marriages  and  deaths  for  the  years 
eighteen  hundred  and  eighty-one  to  eighteen  hundred  and 
eighty-nine,  inclusive.  Approved  Ajjril  14,  1896. 


626  Resolves,  1896.  — Chaps.  66,  67,  68. 


Chap.   66  Resolve  relative  to  the   standard  weights,  measures   and 

BALANCES   OF   THE   COMMON  AVE  ALTH. 

^'^°'if^™  Resolved.  That  there  be  allowed  and  paid  out  of  the 

weights,  meas-  '  . 

urea,  etc.  treasury  of  the  Commonwealth  a  sum  not  exceeding  one 

thousand  dollars,  to  be  expended  by  the  treasurer  and 
receiver  general  for  the  purpose  of  repairing  and  adding 
to  the  standard  weights,  measures  and  balances  of  the 
Commonwealth.  Approved  April  14,  1896. 

CJlCiV'  61  Resolve  in  favor  of  the  widow  of  frederic  t.  greenhalge. 
Widow  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Greenhalge.  treasury  of  the  Commonwealth  to  the  widow  of  Frederic 
T.  Greenhalge  late  governor  of  the  Commonwealth  of 
Massachusetts,  who  died  on  the  fifth  day  of  March  in  the 
year  eighteen  hundred  and  ninety-six,  the  sum  of  six 
thovisand  five  hundred  fifty-nine  dollars  and  fourteen  cents, 
being  the  amount  of  salary  said  Frederic  T.  Greenhalge 
would  have  been  entitled  to  receive  had  he  lived  until  the 
thirty-first  day  of  December  of  the  present  year. 

Approved  April  15,  1896. 


GTiav.  68  Resolve  extending  the  time  for  the  report  of  the  board 
ON  docks  and  terminal  facilities,  and  providing  for  the 
continuance  of  the  investigation  relative  thereto. 

Report  of  board      Resolved,  That  the  time  allowed  for  the  filing  of  the 
terminal  rcport  of  the  l)oard  on  docks  and  terminal  facilities,  re- 

quired to  be  made  to  the  general  court  by  chapter  two 
hundred  and  ninety-one  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  providing  for  an  investigation  of 
the  wants  of  the  port  of  Boston  for  an  improved  system 
of  docks  and  wharves  and  terminal  facilities  in  connection 
therewith,  is  hereby  extended  to  the  first  Wednesday  of 
January  in  the  year  eighteen  hundred  and  ninety-seven ; 
and  a  sum  not  exceeding  four  thousand  dollars,  in  addition 
to  any  amount  heretofore  authorized,  may  be  expended  for 
the  purpose  of  completing  the  investigation  provided  for 
in  said  act ;  and  the  term  of  oflice  of  said  commission  is 
hereby  extended  to  the  first  day  of  April  in  the  year 
eighteen  hundred  and  ninety-seven. 

Approved  April  15,  1896. 


Resolves,  1896.  — Chaps.  69,  70,  71.  627 

Resolve  extending  the  time  for  the  kepokt  of  the  state  QJiny)     (59 

BOARD   OF  HEALTH   RELATIVE   TO    SEWAGE   DISPOSAL   AND  DRAIN- 
AGE IN   SALEM   AND   PEABODY. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Report  on  sew- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  etcofsaiem 
thousand  dollars,  to  be  expended  by  the  state  board  of  ""  ^^  °  ^' 
health  in  continuing  the  investigations  relating  to  a  gen- 
eral system  of  drainage  and  sewerage  for  the  city  of  Salem 
and  the  town  of  Peabody,  provided  by  chapter  one  hun- 
dred and  twelve  of  the  resolves  of  the  year  eighteen  hun- 
dred and  ninety-live,  said  amount  being  in  addition  to  the 
three  thousand  dollars  provided  for  in  said  resolve ;  the 
Commonwealth  to  be  reimbursed  for  such  additional  ex- 
penditure herein  provided  for  as  shall  be  approved  by  the 
governor  and  council,  in  the  same  manner  as  provided  in 
said  resolve.  The  time  allowed  for  the  completion  of  the 
report  of  said  state  board  of  health  relative  to  said  general 
system  of  drainage  and  sewerage  for  the  city  of  Salem  and 
the  town  of  Peabody  is  hereby  extended,  and  said  board 
is  directed  to  submit  said  report  in  print,  together  with 
plans  and  estimates  of  cost,  to  the  city  of  Salem  and  the 
town  of  Peabody  on  or  before  the  first  day  of  July  in  the 
present  year,  and  to  present  a  duplicate  of  said  report  to 
the  general  court  on  or  before  the  first  Wednesday  of 
January  in  the  year  eighteen  hundred  and  ninety-seven. 

Approved  April  17^  1896. 

Resolve  to  provide  for  printing  one  thousand  additional  (JJicin.   70 

COPIES  OF  THE  REPORT  OF  THE  BOARD  OF  LIBRARY  COMMISSIONERS. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  Report  of 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  m'lBeioners"" 
and  twelve  dollars,  to  defray  the  expense  of  printing  one 
thousand  additional  copies  of  the  sixth  report  of  the  board 
of  library  commissioners  for  the  use  of  said  board. 

Approved  April  17,  1896. 

Resolves  providing  for  submitting  to  the  people  the  ar-  rif^f^rr^    71 

TICLES     OF     AMENDMENT     TO     THE      CONSTITUTION     ESTABLISHING  "' 

BIENNIAL   ELECTIONS   OF   STATE    OFFICERS   AND   MEMBERS    OF    THE 
GENERAL    COURT. 

Resolved,   That  the  following  articles  of  amendment  to  Amendment  to 
the  constitution,  having  been  agreed  to  by  the  last  and 


628 


Resolves,  1896.  —  Chap.  71. 


present  general  courts,  and  published  in  the  manner  re- 
quired by  the  constitution,  be  submitted  to  the  people  for 
their  ratification  and  adoption  :  — 


Biennial  elec- 
tions of  gov- 
ernor, lieuten- 
ant governor 
and  councillors. 


To  apply  at 
election  in  1898. 


Heads  of 
departments. 


To  apply  at 
election  in  If 


yiRST   AKTICLE   OF   AMENDMENT. 

The  governor,  and  lieutenant  governor,  and  councillors, 
shall  hold  their  respective  offices  for  two  years  next  fol- 
lowing the  first  Wednesday  in  the  January  succeeding 
their  election,  and  until  others  are  chosen  and  qualified 
in  their  stead. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  the  year  eighteen  hundred  and  ninety-eight ; 
and  thereafter  elections  for  the  choice  of  all  the  officers 
before  mentioned  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

All  the  provisions  of  the  Constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 

The  secretary,  treasurer  and  receiver  general,  auditor, 
and  attorney-general,  shall  hold  their  respective  offices  for 
two  years,  beginning  with  the  third  Wednesday  in  the 
January  succeeding  their  election,  and  until  others  are 
chosen  and  qualified  in  their  stead. 

A  person  shall  be  eligible  as  treasurer  and  receiver  gen- 
eral for  three  successive  terms,  and  no  more. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
Noveml)er  in  the  year  eighteen  hundred  and  ninety-eight ; 
and  thereafter  elections  for  the  choice  of  all  the  officers 
before  mentioned  shall  be  held  biennially  on  the  Tuesday 
next  after  the  first  Monday  in  November. 

All  the  provisions  of  the  Constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 


Biennial  elec- 
tion of  senators 
and  repre- 
sentatives. 


To  apply  at 
election  in  1898. 


SECOND   AKTICLE   OF  AMENDMENT 

Senators  and  representatives  shall  hold  their  respective 
offices  for  terms  of  two  years,  beginning  with  the  first 
Wednesday  in  the  January  succeeding  their  election. 

The  first  election  to  which  this  article  shall  apply  shall 
be  that  held  on  the  Tuesday  next  after  the  first  Monday  in 
November  in  the  year  eighteen  hundred  and  ninety-eight ; 
and  thereafter  elections  for  the  choice  of  senators  and  rep- 
resentatives shall  be  held  biennially  on  the  Tuesday  next 
after  the  first  Monday  in  November. 


Resolves,  1896.  — Chap.  71.  629 

The  oeneral  court  shall  assemble  every  year  on  the  first  (General court 

^  .  1  11,      to  aeserable 

VVednesaay    in    January;  and  each   general  court    shall,  annually. 
without    any   proclamation  or  other  act  of  the  governor, 
be    finally   dissolved   on  the  day  preceding   the  day  ap- 
pointed for  the  first  assembling  of  the  next  elected  general 
court. 

All  the  provisions  of  the  Constitution  inconsistent  with 
the  provisions  herein  contained  are  hereby  annulled. 

Resolved,  That  the  people  shall  be  assembled  for  the  vote  upon 
purpose  aforesaid,  in  their  respective  polling  places  in  the  amendment, etc. 
several  cities  and  towns,  in  meetings  to  be  legally  warned, 
and  held  on  Tuesday  the  third  day  of  November  next,  at 
which  meetings  all  persons  qualified  to  vote  for  state 
oflicers  may  give  in  their  votes  by  ballot  for  or  against  said 
articles  of  amendment ;  and  the  same  oflicers  shall  preside 
in  said  meetings  as  in  meetings  for  the  choice  of  state 
officers,  and  shall  in  open  meetings  receive,  sort,  count 
and  declare  the  votes  for  and  against  the  said  articles  of 
amendment ;  and  the  said  votes  shall  be  recorded  by  the 
clerks  of  said  cities  and  towns,  and  true  returns  thereof 
shall  be  made  out  under  the  hands  of  the  mayors  and 
aldermen,  and  of  the  selectmen,  or  a  major  part  of  them, 
and  of  the  clerks  of  said  cities  and  towns,  respectively, 
and  sealed  up,  and,  within  ten  days  after  the  said  meet- 
ings, transmitted  to  the  secretary  of  the  Commonwealth. 
So  far  as  the  same  can  be  made  applicable,  the  provisions 
of  law  applicable  to  the  election  of  state  officers  shall  apply 
to  the  taking  of  the  vote  on  said  articles  of  amendment. 

Resolved,  That  each  of  the  said  articles  shall  be  con-  To  be  voted 
sidered  as  a  distinct  amendment,  to  be  adopted  in  the  mei'y?^^ 
whole  or  rejected  in  the  whole,  as  the  people  shall  think 
proper.  And  every  person  qualified  to  vote  as  aforesaid 
may  express  his  opinion  on  each  of  said  articles  of  amend- 
ment, and  the  following  words  shall  be  printed  on  the 
ballot,  to  wit :  — 

First  Article  of  Amendment :  Shall  the  pro- 
posed amendment  to  the  constitution  establish- 
ing biennial  elections  of  state  officers  be  approved 
and  ratified? 

Second    Article    of  Amendment :    Shall   the 
proposed  amendment  to  the  constitution  estab- 
lishing   biennial    elections    of  members  of  the 
general  court  be  approved  and  ratified?     And  each  article 
that  shall  appear  to  be  approved  by  a  majority  of  the  per- 


Yes. 

No. 

Yes. 

No. 

Questions  to  be 
printed  on 
ballot. 


630  Kesolves,  1896.  — Chap.  72. 

sons  voting  thereon  shall  be   deemed  and  taken    to    be 
ratified  and  adopted  by  the  people. 
^*br"la°mi'n°edf       Resolved,   That  his  excellency  the  governor,   and  the 
s'c-  council,  shall  forthwith  open  and  examine  the   votes  re- 

turned as  aforesaid  ;  and  if  it  shall  appear  that  said  articles 
of  amendment,  or  either  of  them,  have  been  approved  by 
a  majority  of  the  persons  voting  thereon,  according  to 
the  votes  returned  and  certitied  as  aforesaid,  the  same 
shall  be  enrolled  on  parchment,  and  deposited  in  the 
secretary's  office  as  a  part  of  the  constitution  of  this  Com- 
monwealth, and  shall  be  published  in  immediate  connec- 
tion therewith,  numbered  according  to  their  numerical 
position,  with  the  articles  of  amendment  of  the  constitu- 
tion heretofore  adopted,  in  all  future  editions  of  the  laws 
of  this  Commonwealth  printed  by  public  authority, 
raairprociama-  Besolvecl,  That  his  excellency  the  governor  be,  and 
vote °^ '^^*""  °^  hereby  is,  authorized  and  requested  to  issue  his  proclama- 
mation  forthwith  after  the  examination  of  the  votes  re- 
turned as  aforesaid,  reciting  said  articles  of  amendment, 
or  either  of  them,  and  announcing  that  said  articles,  or 
either  of  them,  have  been  duly  adopted  and  ratified  by 
the  people  of  the  Commonwealth,  and  thus  become  a  part 
of  the  constitution  thereof,  and  requiring  all  magistrates 
and  officers  and  all  citizens  of  the  Commonwealth  to  take 
notice  thereof  and  govern  themselves  accordingly,  or  that 
said  articles,  or  either  of  them,  have  been  rejected,  as  the 
case  may  be. 
foTt/anT'^"'  liemlved.  That  a  printed  copy  of  these  resolves,  includ- 
mitted  to  cities    j^^p  ^\^q  gj^j^j  articlcs  of  amendment,  shall  be  transmitted 

and  towns.  »  r*     i        /~\ 

as  soon  as  may  be  by  the  secretary  of  the  Commonwealth 
to  the  mayors  and  aldermen  of  the  several  cities  and  to 
the  selectmen  of  the  several  towns  of  the  Commonwealth. 

Approved  Aptril  17^  1896. 

Chaj).   72  Resolve  providing  for  certain  repairs  and  improvements  at 

THE   TAUNTON  LUNATIC   HOSPITAL. 

ho^p'ilai!  ^""^"^  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
twenty  thousand  eight  hundred  and  seventy-nine  dollars, 
to  be  expended  at  the  Taunton  lunatic  hospital  at  Taunton 
under  the  direction  of  the  trustees  and  superintendent, 
for  the  following  purposes,  to  wit :  —  For  enlarging  the 
straw  barn,  five  hundred  dollars ;  for  slating  roof  of  the 
large  well  house,  four  hundred  dollars ;  for  concrete  walks 


Kesolves,  1896.  — Chaps.  73,  74,  75.  631 

in  rear  of  hospital  buildings,  three  hundred  dollars ;  for 
ventilating  the  old  wings  of  the  hospital,  five  thousand 
dollars ;  for  steam  boiler,  one  thousand  dollars ;  for 
changing  workroom  in  rear  center  into  dormitories  for 
employees,  nine  hundred  dollars ;  for  enlarging  chapel, 
including  heating,  ventilating,  painting  and  decorating, 
and  all  the  changes  in  rooms  connected  therewith,  seven 
thousand  seven  hundred  and  seventy-nine  dollars ;  and 
for  general  repairs,  five  thousand  dollars. 

Approved  April  22,  1896. 

Resolve   providing  fok  certain  improvements  at  the   state  rjlinjy     7Q 

INDUSTRIAL   SCHOOL   FOK   GIRLS. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  state  industrial 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two  ^"^  °°  °^  ^"  ** 
thousand  nine  hundred  and  sixty  dollars,  to  be  expended 
at  the  state  industrial  school  for  skirls  under  the  direction 
of  the  trustees  thereof,  for  the  following  purposes,  to 
wit :  —  For  the  purchase  of  pipe,  hydrants,  hose  and 
other  connections  and  additions  to  the  water  works,  two 
thousand  and  sixty  dollars  ;  for  the  construction  of  a  pig- 
gery, nine  hundred  dollars.         Approved  April  22,  1896. 

Resolve   to    confirm   the  acts   op  charles   g.   allen  as   a  njinrf)    74 

JUSTICE   OF   THE   PEACE. 

Resolved,  That  all  acts  done  by  Charles  G.  Allen  of  charieso. 

T-i  '       1-  i>ji  ii  jij  ,  Allen,  justice  or 

rJarre   as    a  justice   oi    the    peace,   between   the  twenty-  the  peace,  acts 
seventh  day  of  January  in  the  year  eighteen  hundred  and  *^°°^''™'^'^- 
ninety-three  and  the  ninth  day  of  March  in  the  same  year, 
are  hereby  confirmed  and  made  valid  to  the  same  extent 
as  though  he  had  been  during  that  time  qualified  to  dis- 
charge the  duties  of  said  office. 

Approved  April  22,  1896. 


Resolve   to   provide    additional   shop   room    at   the    state  /y-r  7/r 

PRISON.  ^  ' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  shop  room  at 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two  ^'"'^p™""- 
thousand  dollars,  to  be  expended  by  the  warden  of  the 
state    prison   under  the    direction   of  the  general   super- 
intendent of  prisons,  in  enlarging  and  extending  the  shop 
room  at  said  prison.  Approved  April  22,  1896. 


632  Kesolyes,  1896.  — Chaps.  76,  77,  78. 


ChciV'   76  Resolve  providing  for   certain  repairs  and  improvements 

AT   THE   WESTBOROUGH   INSANE   HOSPITAL. 

westborough  Eesolved,  That  there  be  allowed  and  paid  out  of  the 

insane  nospital.  '  '- 

treasury  of  the  Commonwealth  a  sum  not  exceedmg 
twenty-six  thousand  four  hundred  and  fift}'  dollars,  to  be 
expended  at  the  Westborough  insane  hospital  under  the 
direction  of  the  trustees  thereof,  for  the  following  pur- 
poses, to  wit: — A  sum  not  exceeding  fifteen  hundred 
dollars  for  improvements  and  repairs  of  farm  buildings ; 
a  sum  not  exceeding  twenty-five  hundred  dollars  for  an 
addition  to  the  laundry  and  furnishing  the  same ;  a  sum 
not  exceeding  twenty-five  hundred  dollars  for  a  coal  shed 
and  enlarging  the  engine  room  ;  a  sum  not  exceeding  one 
thousand  dollars  for  new  refrigerators  ;  a  sum  not  exceed- 
ing five  thousand  dollars  for  new  furniture  and  furnishings  ; 
a  sum  not  exceeding  one  thousand  dollars  for  cooking  ap- 
paratus for  the  new  kitchen ;  a  sum  not  exceeding  two 
thousand  dollars  for  two  new  boilers  ;  a  sum  not  exceed- 
ing nine  hundred  and  fifty  dollars  for  land  purchased  for 
a  new  sewage  field  ;  and  a  sum  not  exceeding  ten  thousand 
dollars  for  the  construction  of  a  new  system  of  drainage 
and  sewerage  in  accordance  with  the  recommendation  of 
the  state  board  of  health.  Apinoved  April  27^  1896. 

GhCLV.   11  Resolve  providing  for  surveys  and  other  work  connected 

WITH   THE   CONSERVATION   OF  THE   CONNECTICUT  RIVER. 

linTconnecUcuJ       Resolvcd,  That  there  be  allowed  and  paid  out  of  the 
river.  trcasury  of  the  Commonwealth  a  sum  not  exceeding  one 

thousand  dollars,  to  be  expended  by  the  harbor  and  land 
commissioners  in  carrying  out  the  provisions  of  chapter 
three  hundred  and  forty-four  of  the  acts  of  the  year 
eighteen  hundred  and  eighty-five,  entitled  "An  Act  in 
relation  to  the  conservation  of  the  Connecticut  river." 

Approved  April  27,  1896. 

Chav     78  Resolve  providing  fob  a  codification  of  the  statutes  re- 
lating TO  ELECTIONS. 

Codification  of        Resolvecl,  That  the  secretary  of  the  Commonwealth  pre- 


pare  a  codification  of  all  the  statutes  in  force  relating  to 
the  manner  of  conducting  national,  state  and  numicipal 
elections ;  and  also  relating  to  ballots,  balloting,  and  the 
manner  of  holdinsr  and  conductins:  caucuses  for  the  nom- 


Kesolves,  1896.  — Chap.  79.  633 

ination  of  candidates  to  be  voted  for  at  such  elections,  in- 
cluding all  laws  passed  at  this  session  of  the  legislature, 
and  report  the  same  to  the  next  general  court.  He  shall 
also  report  such  changes  and  amendments  in  existing  laws 
as  in  his  opinion  may  be  advisable.  He  shall  receive  such 
compensation  therefor  not  exceeding  the  sum  of  three  hun- 
dred dollars,  and  may  employ  such  clerical  assistance  to 
an  amount  not  exceeding  two  hundred  dollars,  as  may  be 
approved  by  the  governor  and  council. 

Approved  April  27,  1896. 

Resolve  granting  a  county  tax  fok  the  county  of  Norfolk.  QTiQrtj    79 

Resolved,  That  the  county  commissioners  for  the  county  county  tax, 
of  Norfolk  are  hereby  authorized  to  levy  as  the  county  ^°''^°'^- 
tax  of  said  county  for  the  current  year,  in  the  manner 
provided  by  law,  the  sum  of  one  hundred  affd  twenty 
thousand  dollars,  to  be  expended  for  the  following  pur- 
poses, to  wit :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  seven 
thousand  three  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  ten  thousand  two  hundred 
dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  thirteen  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  in 
excess  of  receipts,  a  sum  not  exceeding  sixteen  thousand 
dollars. 

For  criminal  costs  in  superior  court,  in  excess  of  receipts, 
a  sum  not  exceeding  eight  thousand  five  hundred  dollars. 

For  civil  expenses  in  supreme  and  superior  courts,  a 
sum  not  exceeding  eleven  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  five  thousand 
dollars. 

For  transportation  expenses  of  county  and  special  com- 
missioners, a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitment  of 
the  insane,  a  sum  not  exceeding  two  thousand  seven  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  five  hundred  dollars. 


634  Eesolves,  1896.  — Chaps.  80,  81. 

NorfoiV."^'  ^<^^'  repairing,  furnishing  and  improving  county  build- 

ings, a  sum  not  exceeding  three  thousand  five  hundred 
dollars. 

For  care,  fuel,  lights  and  supplies  in  county  buildings, 
other  than  jails  and  houses  of  correction,  a  sum  not  ex- 
ceeding ten  thousand  two  hundred  dollars. 

For  highways,  bridges  and  land  damages,  in  excess  of 
receipts,  a  sum  not  exceeding  five  thousand  dollars. 

For  clerical  assistance  in  county  ofiices,  in  excess  of 
receipts,  a  sum  not  exceeding  eight  thousand  eight  hun- 
dred dollars. 

For  law  libraries,  a  sum  not  exceeding  five  hundred 
dollars. 

For  truant  schools,  in  excess  of  receipts,  a  sum  not 
exceeding  three  thousand  dollars. 

For  miscellaneous  and  contingent  expenses,  in  excess 
of  receipts,  a  sum  not  exceeding  two  thousand  five  hun- 
dred dollars.  Approved  April  27,  1896. 

Chap.  80  Resolve  relatfve  to  the  state  military  and  naval  historian. 
state  military         Resolved.   That  the  governor  and  council  are   hereby 

and  naval  .'  ^      .   ~  .  _,  .,.'^ 

historian.  authorized  to  extend  the  appointment  ot  the  state  military 

and  naval  historian  for  such  further  time,  not  exceeding 
six  months,  as  may  be  necessary  to  enable  him  to  com- 
plete his  work,  provided  that  no  salary  or  compensation 
shall  be  allowed  to  said  historian  on  account  of  said  exten- 
sion of  time.  Approved  April  27,  1896. 

Ohnn    81  Resolve  providing  for  the  erection  of  two  buildings  at  the 

'  MASSACHUSETTS  SCHOOL  FOR  THE  FEEBLE-MNDED  AT  WALTHAM. 

MasBachusetts  Resolved,  That  there  be  allowed  and  paid  out  of  the 
Feebleminded,  trcasury  of  the  CommoHwcalth  a  sum  not  exceeding  sixty 
thousand  dollars,  to  be  expended  at  the  Massachusetts 
School  for  the  Feeble-minded  at  Waltham  under  the 
direction  of  the  trustees  of  said  institution,  for  the  pur- 
pose of  erecting  two  new  buildings,  in  accordance  with 
the  recommendations  contained  in  the  forty-eighth  annual 
report  of  the  said  trustees.  No  contracts  shall  be  made 
for  the  construction  of  either  of  the  buildings  hereby 
authorized  until  the  plans  therefor  have  been  approved  by 
the  governor  and  council ;  and  such  approval  shall  not  be 
given  until  plans  and  estimates  in  detail  shall  have  been 


Resolves,  1896.  — Chaps.  82,  83,  84,  85.  635 

submitted  to  the  governor  and  council  and  they  are  satis- 
fied that  the  cost  of  the  said  buildings  will  not  exceed  the 
amount  authorized  to  be  expended  by  this  resolve. 

Ajiproved  April  27,  1896. 

Resolve  authorizing  the  payment  of  sewer  assessments  on  the  ryi  on 

PROPERTY  OF  THE  COMMONWEALTH  IN  THE  CITY  OF  WORCESTER.  -^  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  sewerassesB. 
treasury  of  the  Commonwealth  to  the  city  of  Worcester  myof°tht?o°om- 
the  sum  of  four  hundred  nineteen  dollars  and  five  cents,  wo°rTes^ter/^ 
on  account  of  benefit  to   land  held  by  the  trustees  of 
the    Worcester  insane  as^dum,   and  the  further  sum  of 
eighty-two  dollars,  on  account  of  benefit  to  land  of  the 
state  normal  school  in  Worcester,  from  sewers  and  drains 
constructed  in  said  city.  Appn'oved  April  27,  1896. 

Resolve  providing  for  the  preparation  of  an  index  to  the  f-ii  oo 

MASSACHUSETTS   ARCHIVES.  yyilUj)'    OO 

Resolved^  That  there  be  allowed  and  paid  out  of  the  index  to  Massa- 
treasury  of  the  Commonwealth  a  sum  not  exceeding  twelve  ar"hTveB. 
hundred  dollars,  to  be  expended  under  the  direction  of  the 
secretary  of  the  Commonwealth  for  preparing  an  alpha- 
betical index  to  the  volumes  of  miscellaneous  papers  added 
to  the  Massachusetts  archives  collection  durino-  the  years 
eighteen  hundred  and  ninety-four  and  eighteen  hundred 
and  ninety-five.  Apjiroved  April  27,  1896. 

Resolve  relative  to  the  battleship  Massachusetts.  OJinn    S4 

Resolved,  That  the  governor  and  council  be  requested  Battleship 
and  authorized  to  select  and  present  to  the  government  of  Massachusetts. 
the  United  States  a  suitable  and  appropriate  gift  to  be 
placed  in  the  battleship  Massachusetts,  now  in  process  of 
construction,  in  recognition  of  the  honor  done  the  Com- 
monwealth in  the  selection  of  the  name  of  said  battleship ; 
and  they  are  hereby  authorized  to  expend  a  sum  not  ex- 
ceeding two  thousand  dollars  for  said  purpose. 

Apj)roved  April  27,  1896. 

Resolve  in  favor   of   the  manufacturers'  agricultural  so-  rij^rij^    Q^n 

CIETY  in   north   ATTLEBOROUGH.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Manufacturers' 
treasury  of  the   Commonwealth  the  sum  of  six  hundred  gomety  id'^no. 

Attleborough. 


636  Resolves,  1896.  — Chap.  86. 

dollars  to  the  Manufacturers'  Agricultural  Society  in  North 
Attleborough,  for  a  bounty  for  the  year  eighteen  hundred 
and  ninety-five,  being  the  amount  which  said  society 
would  have  been  entitled  to  receive  had  it  been  incorpo- 
rated by  an  act  of  the  legislature. 

Ajyproved  April  28,  1896. 


Chav.   86  Resolve  relative  to  a  state  highway  between  the  city  or 

BOSTON   AND   THE   CITY   OF   NEWBURYPORT. 

State  highway        Resolvecl,  That  the  Massachusetts  highway  commission 

and  Newbury-    cousidcr  the  expediency  of  laying  out  a  state  highway 

^°""  between  the  city  of  Boston  and  the  city  of  Salem  or  the 

city  of  Newburyport,  over  the  shore  route,  so-called,  which 

route  may  be  described  substantially  as  follows  :  — 

Starting  from  the  south  ferry,  at  Lewis  street,  in  Boston, 
thence  through  Lewis  street  to  Maverick  square,  thence 
through  Maverick  square  to  Chelsea  street,  thence  over 
Chelsea  street  to  Bennington  street,  thence  over  Benning- 
ton street  to  Orient  Heights,  thence  over  the  main  travelled 
road  to  the  town  of  Revere,  continuing  on  the  main  road 
to  Beachmont,  continuing  over  the  main  travelled  road, 
known  as  Ocean  avenue,  along  the  ocean  front  to  the 
Point  of  Pines,  crossing  the  Saugus  river  on  the  easterly 
side  of  the  Boston,  Revere  Beach  and  Lynn  railroad  and 
running  to  the  south  end  of  Sea  street  in  Lynn,  thence 
through  Sea  street  to  Broad  street,  thence  through  Broad 
street  to  Lewis  street,  thence  through  Lewis  street  to  New 
Ocean  street,  thence  througli  New  Ocean  street  to  the 
town  of  Swampscott,  thence  through  New  Ocean  street, 
in  Swampscott,  to  the  junction  of  Burrill  street  and  Para- 
dise road,  thence  over  Paradise  road  to  the  northeast 
end  of  said  road,  thence  through  Paradise  woods  on  nearly 
a  straight  line  to  Vinin  square,  at  the  junction  of  the 
towns  of  Swampscott  and  Marblehead  and  the  city  of 
Salem,  thence  northerly  to  Loring  avenue  in  the  city  of 
Salem,  thence  over  Loring  avenue  to  Lafayette  street, 
thence  over  Lafayette  street  to  Central  street,  thence 
over  Central  street  to  Essex  street,  thence  through  Salem 
to  and  over  Beverly  bridge,  thence  through  the  city  of 
Beverly,  and  thence  to  Newburyport,  using  the  present 
travelled  roads  as  far  as  may  be,  with  such  additions  of 
new  road  as  may  lie  necessary.  Said  Massachusetts  high- 
way commission  shall  report  to  the  next  general  court  the 


Kesolves,  1896.  — Chap.  87.  637 

probable  cost  of  such  a  highway,  with  such  other  informa- 
tion as  may  be  obtained  in  relation  thereto,  on  or  before 
the  thirty-tirst  day  of  January  in  the  year  eighteen  hundred 
and  ninety -seven.  Approved  April  28,  1896. 


Resolve  providing  for  a  consolidation  and  arrangement  ok 
the  public  statutes  of  the  commonwealth. 


Chap.  87 


Resolved,  That  the  governor,  by  and  with  the  advice  consolidation, 
and  consent  of  the  council,  shall  appoint  three  able  and  puiJa/ sututeB. 
discreet  persons,  learned  in  the  law,  to  be  commissioners 
for  consolidating  and  arranging  the  Public  Statutes  of  the 
Commonwealth  which  may  be  in  force  and  operation  at 
the  time  such  commissioners  may  make  their  tinal  report 
of  their  doings  in  the  premises.  Such  commissioners  shall 
carefully  collect  under  diflerent  titles  and  chapters,  upon 
the  basis,  plan  and  general  form  and  method  of  the  Public 
Statutes,  all  acts  and  pails  of  acts  relating  to  the  same 
subject ;  and  shall  execute  and  complete  such  consolidation 
and  arrangement  in  such  manner  as  in  their  judgment  will  ' 
render  the  said  Public  Statutes  most  concise,  plain  and  in- 
telligible. The  commissioners  may,  in  consolidating  and 
arranging  the  statutes,  omit  redundant  enactments,  and 
those  which  may  have  ceased  to  have  any  eflect  or  influence 
on  existing  rights  ;  reject  superfluous  words,  and  condense 
into  as  concise  and  comprehensive  a  form  as  is  consistent 
with  a  full  and  clear  expression  of  the  will  of  the  legis- 
lature, all  circuitous,  tautological  and  ambiguous  phrase- 
ology ;  suggest  any  mistakes,  omissions,  inconsistencies 
and  imperfections  w^iich  may  appear  in  the  laws  to  be  con- 
solidated and  arranged,  and  the  manner  in  which  they  may 
be  corrected,  supplied  and  amended.  The  commissioners 
shall  indicate  by  brief  marginal  notes  and  references,  the 
statutes,  chapters  and  sections  consolidated  and  arranged 
by  them,  the  substance  of  the  contents  of  each  section,  and 
the  leading  and  prominent  judicial  decisions  upon  the 
same.  They  shall  complete  the  said  consolidation  and 
arrangement,  and  make  and  present  their  final  report,  in 
print,  to  the  legislature,  as  soon  as  may  be.  Said  commis- 
sioners shall  receive  such  compensation  from  the  treasury 
of  the  Commonwealth  as  the  governor  and  council  shall 
determine.  Approved  April  28,  1890. 


638  Resolves,  1896.  —  Chaps.  88,  89,  90. 


ChctV'   88  Resolve  to  pkovide   for   printing   additional  copies  of  the 

REPORT   OF   THE   METROPOLITAN    DISTRICT   COMMISSION. 

^eport^of  met.        Resolved,  That  twenty-five  hundred  additional  copies 
trictcom-  of  the  repoi't  of  the  metropolitan  district  commission   be 

printed,  to  be  distributed  under  the  direction  of  the  secre- 
tary of  the  Commonwealth  ;  and  that  there  be  allowed  and 
paid  from  the  treasury  of  the  Commonwealth  a  sum  not 
exceeding  three  hundred  dollars  to  meet  the  expense  of  the 
sixteen  hundred  copies  of  the  report  of  said  commission 
already  printed  in  excess  of  the  number  authorized  by  law. 

A];)proved  April  28,  1896. 

Chap.   89  Resolve  providing  for  certain  repairs  and  improvements  at 

THE   STATE   FARM   AT   BRIDGEWATER. 

State  farm.  Resolvecl ,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty- 
four  thousand  two  hundred  dollars,  to  be  expended  at  the 
state  farm  at  Bridgewater  under  the  direction  of  the  trus- 
tees and  superintendent  thereof,  for  the  following  purposes, 
to  wit :  —  For  an  extension  of  the  prison  department  to 
contain  not  less  than  twenty  large  strong  rooms,  and  a 
workshop  to  contain  not  less  than  seven  thousand  square 
feet  of  floor,  heating,  plumbing  and  furnishing  included, 
and  all  necessary  yard  and  connecting  walls  for  the  same,  a 
sum  not  exceedinor  eighteen  thousand  five  hundred  dollars  ; 
for  increasing  the  administration  accommodations  of  the 
asylum  for  insane  criminals,  renewing  the  plumbing  in 
east  and  west  wings  and  enlarging  the  hot  water  system  of 
said  asylum,  a  sum  not  exceeding  ten  thousand  dollars  ;  for 
additional  laundry  machinery  and  a  sterilizer,  a  sum  not 
exceeding  thirty-two  hundred  dollars  ;  for  extending  elec- 
tric lighting  and  a  system  of  arc  lights  for  the  yards,  and 
one  additional  boiler,  a  sum  not  exceeding  twenty-five 
hundred  dollars.  Approved  May  2,  1896. 

CJiav    90  Resolve  to  provide  for  improvements  at  the  state  normal 

SCHOOL  AT    FRAMINGHAM. 

State  normal  Resolvecl,  That  there  be  allowed  and  paid  out  of  the  treas- 

BChool  at  1         ^  111  £'      1   •  1  1 

Framingham.  ury  of  the  Commouwealth  the  sum  oi  thirty-one  thousand 
dollars,  to  be  expended  under  the  direction  of  the  state 
board  of  education  for  the  purpose  of  making  the  follow- 
ing improvements  at  the  Framingham  normal  school :  — 


Resolves,  1896.  — Chaps.  91,  92,  93.  639 

Providing  an  electric  light  and  power  plant,  heating  and 
ventilating  the  buildings,  erecting  a  boiler  house,  provid- 
ing blackboards,  electric  clocks  and  gymnastic  apparatus, 
and  painting  May  Hall.  A^oproved  3fay  2,  1896. 

Resolve  to  provide  for  grading  the  grounds  and  furnish-  ryj,^^    q-i 

ING   AND   FITTING   THE   NEW   NORMAL  SCHOOL    BUILDINGS.  ^  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  New  normal 
treasury  of  the  Commonwealth,  for  the  purpose  of  grading  ^^^°°>  *^"^'<^- 
the  grounds,  furnishing  and  fitting  for  occupancy  the  new 
normal  school  buildings,  a  sum  not  exceeding  the  follow- 
ing amounts  :  —  Hyannis,  twenty-five  thousand  dollars  ; 
Fitchburg,  thirty-five  thousand  dollars ;  Lowell,  fifty 
thousand  dollars ;  North  Adams,  twenty-five  thousand 
dollars;  Salem,  forty-three  thousand  dollars;  these  said 
amounts  to  be  expended  under  the  direction  of  the  state 
board  of  education.  Approved  May  2,  1896. 

Resolve  to  provide  for  improvements  and  repairs  at  the  (^jjfj^    QO 

STATE   almshouse.  "' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  aims. 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fifty-  ^°"*®" 
six  thousand  four  hundred  dollars,  to  be  expended  at  the 
state  almshouse  under  the  direction  of  the  trustees  thereof, 
for  the  following  purposes  : — For  the  consolidation  of  the 
boiler  plant,  including  three  new  boilers,  new  building, 
new  engine  and  dynamo,  and  change  in  piping,  nineteen 
thousand  seven  hundred  dollars  ;  for  the  purchase  of  land, 
four  thousand  two  hundred  dollars;  for  a  new  barn,  three 
thousand  two  hundred  dollars ;  for  summer  houses  for 
the  asylum  yard,  and  two  thousand  lineal  yards  of  con- 
crete, four  thousand  dollars  ;  for  building  a  brick  wall,  one 
thousand  five  hundred  dollars ;  for  furnishing  the  new 
women's  asylum,  three  thousand  eight  hundred  dollars  ; 
and  for  a  home  training  school  for  nurses,  twenty  thou- 
sand dollars.  Api^rovedMay  2,  1896. 


Chap.  93 


Resolve   relative  to  the   industries   at  the   state   prison 
and  reformatories. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  industries  at 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  rlfwmato°r°eB."*^ 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  general  superintendent  of  prisons  for  maintaining  the 


640     '  Kesolves,  1896.  —  Chaps.  94,  95,  96. 

industries  at  the  state  prison,  the  Massachusetts  reforma- 
tory and  the  reformatory  prison  for  women  for  the  current 
year ;  said  sum  to  be  in  addition  to  the  amounts  already 
appropriated  for  said  purpose.        Approved  May  5,  1896. 

Ghan.  94  Resolve  to  provide  for  repairs  at  the  reformatory  prison 

FOR  WOMEN. 

pdlorC^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

women.  treasury  of  the  Commonwealth  a  sum  not  exceeding  two 

thousand  eight  hundred  dollars,  to  be  expended  at  the 
reformatory  prison  for  women  under  the  direction  of  the 
commissioners  of  prisons,  for  the  following  purposes,  to 
wit: — For  erecting  and  repairing  farm  buildings,  a  sum 
not  exceeding  fifteen  hundred  dollars ;  for  a  new  boiler,  a 
sum  not  exceeding  thirteen  hundred  dollars. 

Api^roved  May  2,  1896. 

(Jhan.  95  Resolve  to  provide  for  the   protection  of  the   town   of 

AGAWAM   against  THE   FURTHER   ENCROACHMENTS   OF  THE    CON- 
NECTICUT  RIVER. 

Protection  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Agawam  p      i        z-i  11  1     i  i  1 

against  en-        trcasuiy  01  the  Commonwealth,  to  be  expended  under  the 

croachments  of       -,•  ,.  x»   j_i        1  n       i'   1         i  1    ^         \  •       • 

Connecticut       dircctiou  ot  the  board  oi  harbor  and  land  commissioners. 


river. 


in  pursuance  of  the  provisions  of  chapter  three  hundred 
and  forty-four  of  the  acts  of  the  year  eighteen  hundred 
and  eighty-five,  the  sum  of  fifteen  hundred  dollars,  for 
such  surveys  and  examinations  and  for  such  protective 
works  as  may  be  found  necessary  and  practicable  to  pro- 
tect the  western  bank  of  the  Connecticut  river  in  the  town 
of  Agawam,  and  the  highway  near  said  bank,  from  the 
further  encroachments  of  said  river. ' 

Apjiroved  May  2,  1896. 

Chan.  96  Resolve  directing  the  state  board  of  education  to  report 

A   PLAN   FOR  CARRYING   INTO    EXECUTION    ITS    RECOMMENDATIONS 
RELATIVE   TO   SCHOOL   ATTENDANCE  AND  TRUANCY. 

School  attend-        Besolved,  That  the  state  board  of  education  is  hereby 
truancy.  directed  to  report  to  the  next  general  court  a  plan  for 

carrying  into  execution  the  recommendations  submitted 
by  said  board  in  its  report  on  the  subject  of  school  attend- 
ance and  truancy,  made  in  conformity  with  the  require- 
ments of  chapter  forty-seven  of  the  resolves  of  the  year 


Resoltes,  1896.  — Chaps.  97,  98.  641 

eighteen  hundred  and  ninety-five.  A  sum  not  exceeding 
five  hundred  dollars  shall  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  for  such  expenses  actually 
incurred  as  may  be  necessary  to  carry  out  the  provisions 
of  this  resolve.  Approved  May  5,  1890. 


Chap.  97 


Resolve  in  favor  ov  the  Massachusetts  charitable  eye  and 
ear  infirmary, 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  MasBachusette 
ury  of  the  Commonwealth  to  the  Massachusetts  Charitable  an'd  E^^'r^'infli-m. 
Eye  and  Ear  Infirmary  the  sum  of  one  hundred  thousand  "'"^' 
dollars,  to  be  expended  under  the  direction  of  the  managers 
thereof  on  account  of  the  cost  of  construction  of  a  new 
hospital  building  for  said  infirmary :  provided,  that  if  the 
real  estate  situated  near  North  Charles  street  and  adjoin- 
ing the  Massachusetts  General  Hospital,  in  the  city  of 
Boston,  which  is  to  be  bought  and  on  which  said  new 
building  is  to  be  erected,  shall  ever  cease  to  be  used  for 
the  purposes  of  said  institution,  or  if  the  building  to  be 
constructed  on  said  land  shall  not  be  completed  before  the 
first  day  of  January  in  the  year  nineteen  hundred  and  one, 
the  said  institution  shall  repay  to  the  Commonwealth  the 
amount  above  appropriated ;  and  provided,  further,  that 
said  sum  shall  be  paid  to  said  institution  when  it  has  satis- 
fied the  treasurer  of  the  Commonwealth  that  it  has  secured 
the  title  to  not  less  than  twenty  thousand  ^eet  of  the  land 
above-mentioned,  provided,  however,  that  no  more  than 
fifty  thousand  dollars  shall  be  paid  to  said  institution 
during  the  year  eighteen  hundred  and  ninety-six. 

Ajyproved  May  9,  1896. 

Resolve  in  favor  of  the  Massachusetts  agricultural  college.  r'Jfrfj)    0« 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Massachusetts 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thir-  cliVeg'e.'"'^"' 
teen  thousand  nine  hundred  dollars,  to  be  expended  at  the 
Massachusetts  Agricultural  College  under  the  direction  of 
its  trustees,  for  the  following  purposes,  to  wit: — For  re- 
pairing damage  occasioned  by  the  hail-storm  of  September 
eleventh,  eighteen  hundred  and  ninety-five,  a  sum  not  ex- 
ceeding one  thousand  two  hundred  dollars  ;  for  repairing 
the  spire  of  the  chapel,  a  sum  not  exceeding  two  hundred 
dollars ;  for  the  purchase  and  improvement  of  the  Clark 
property,  a  sum  not  exceeding  five  thousand  five  hundred 


642  Resolves,  1896.  — Chap.  99. 

dollars ;  and  for  extending  the  laboratories  of  the  experi- 
ment department,  a  sum  not  exceeding  seven  thousand 
dollars.  From  and  after  the  first  day  of  January  in  the 
year  eighteen  hundred  and  ninety-seven  there  shall  be 
allowed  and  paid  annually  from  the  treasury  of  the  Com- 
monwealth, in  accordance  with  chapter  nineteen  of  the 
resolves  of  the  year  eighteen  hundred  and  ninety-two, 
for  the  term  of  four  years,  the  sum  of  ten  thousand  dol- 
lars, for  the  following  purposes,  to  wit: — Five  thousand 
dollars  for  the  continuance  of  a  labor  fund  to  assist  needy 
students  of  said  college  ;  and  five  thousand  dollars  to  pro- 
vide the  theoretical  and  practical  education  required  by  its 
charter  and  the  law  of  the  United  States  relating  thereto. 
Said  sums  shall  be  paid  in  equal  quarterly  payments. 

Approved  May  15,  1896. 


ChctV'  99  Resolve  to  provide  for  publishing  a  report  of  the  public 

EXERCISES   COMMEMORATIVE   OF   FREDERIC   T.   GREENHALGE,   LATE 
GOVERNOR   OF   THE   COMMONWEALTH. 

^xTrciees^om.  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
™emorative  of  trcasury  of  the  Commonwealth  a  sum  not  exceeding  one 
Greenhaige.  thousaud  dollars,  to  meet  the  expense  of  publishing  the 
report  of  the  public  exercises  held  under  the  direction  of 
the  executive  and  legislative  departments  of  the  Common- 
wealth, commemorative  of  the  life  and  public  services  of 
Frederic  T.  Greenhaige,  late  governor  of  the  Common- 
wealth. Said  report  shall  be  printed  under  the  direction 
of  the  secretary  of  the  Commonwealth  and  shall  include 
a  portrait  of  the  late  governor,  the  introductory  remarks 
by  His  Honor  Lieutenant  Governor  Roger  Wolcott,  the 
prayer  ofi'ered  by  the  Reverend  Edward  Everett  Hale  and 
the  eulogy  pronounced  by  United  States  Senator  Henry 
Cabot  Lodge,  also  an  appendix  wherein  shall  be  printed 
the  programme  at  the  public  exercises,  and  the  resolutions 
adopted  by  the  legislature.  There  shall  be  printed  a 
sufiicient  number  of  copies  thereof  to  be  distributed  as 
follows :  —  To  the  family  of  the  late  governor,  twenty- 
five  copies,  to  the  lieutenant  governor,  members  of  the 
executive  council,  the  secretary,  treasurer,  auditor,  and 
attorney-general  of  the  Commonwealth,  ten  copies  each, 
and  to  the  secretaries  and  messengers  of  the  executive 
department,  one  copy  each.  To  each  member  and  oflBcer 
of  the  general  court  for  the  year  eighteen  hundred  and 


Resolves,  1896.  — Chaps.  100,  1@1.  643 

ninety-six,  ten  copies.  To  each  messenger  and  page  of 
the  general  court,  and  to  each  state  house  watchman  and 
elevator  man,  one  copy.  To  each  reporter  regularly 
assigned  a  seat  in  the  reporters'  gallery,  one  copy.  To 
the  orator  and  chaplain  of  the  day,  twenty-five  copies 
each.  To  each  senator  and  representative  from  the  Com- 
monwealth in  the  congress  of  the  United  States,  one 
copy.  To  the  state  library,  twenty  copies.  To  each 
free  public  library  in  the  Commonwealth,  one  copy.  To 
each  city  and  town  of  the  Commonwealth  in  which  there 
is  no  free  public  library,  one  copy.  To  each  historical 
society  in  the  Commonwealth,  one  copy.  To  each  state 
and  territory  in  the  United  States,  one  copy.  To  the 
secretary  of  the  Commonwealth  for  distribution  at  his 
discretion,  two  hundred  copies. 

Approved  May  15,  1896. 


Resolve    to    provide    for   carrying   on   the    work  of   the 
suppression  of  the  gypsy  moth. 


ChaplOO 


Resolved,  That  there  be  allowed  and  paid  out  of  the  suppression  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one  ^  ^^^"^  ™ 
hundred  thousand  dollars,  to  be  expended  under  the 
direction  of  the  state  board  of  agriculture  for  continuing 
the  work  of  the  suppression  of  the  gypsy  moth,  within 
the  Commonwealth,  as  provided  for  in  chapter  two  hun- 
dred and  ten  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one.  No  part  of  the  above  appropriation  shall  be 
paid  by  the  state  board  of  agriculture  to  any  person  not  a 
citizen  of  this  Commonwealth.  The  above  sum  shall  be 
in  addition  to  any  balance  remaining  unexpended  of  the 
appropriation  made  in  the  year  eighteen  hundred  and 
ninety-five.  Approved  May  21,  1896. 

Resolve  providing  for  an  investigation  of  the  subject  of  /^J^^^ilOl 

THE  ventilation  OF  RAILROAD  AND  STREET  RAILWAY  CARS.  ^  * 

Resolved,  That  the  board  of  railroad  commissioners  are  ventuation  of 
hereby  instructed  to  make  an  investigation  into  the  gen-  ete.'^'"*  '^^  *' 
eral  subject  of  the  ventilation  of  passenger  cars  used  on 
steam  railroads  and  street  railways,  including  an  investi- 
gation into  the  systems  of  ventilation  now  in  use  and 
other  systems,  with  special  reference  to  the  question 
whether  there  are  any  systems  of  ventilation  which  should 
be  adopted  in  whole  or  in  part  by  railroad  and  street  rail- 


6U  Kesoltes,  1896.  — Ghaps.  102,  103,  104 

way  corporations  in  this  Commonwealth.  Said  board  shall 
report  in  print  the  result  of  their  investigation,  with  their 
recommendations,  if  any,  to  the  next  general  court  on  or 
before  the  first  Wednesday  of  February  in  the  year 
eighteen  hundred  and  ninety-seven. 

Ajiproved  May  25,  1896. 

Ch(ip.\02i  Resolve  providing  for  the  payment  of  expenses  in  connection 

WITH  THE  establishment  OF  THE  BOUNDARY  LINE  BETWEEN  THE 
COMMONWEALTH  OF  MASSACHUSETTS  AND  THE  STATES  OF  NEW 
HAMPSHIRE  AND  VERMONT. 

be't^em'VMsa-  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
n'araMhir^lnd  trcasury  of  the  Commonwealth  a  sum  not  exceeding  live 
Vermont.  thousaud  dollars,  for  expenses  in  connection  with  the 
settlement  of  the  boundary  line  between  the  Common- 
wealth of  Massachusetts  and  the  states  of  New  Hampshire 
and  Vermont,  as  provided  for  by  chapter  one  hundred  and 
six  of  the  resolves  of  the  year  eighteen  hundred  and  ninety- 
five.  Approved  June  3,  1896. 

CJiCip-1.03  Resolve  in  favor  of  elijah  smith. 

Elijah  Smith.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  sum  of  one  hundred 
dollars  to  Elijah  Smith  of  Easton,  a  veteran  who  served 
in  the  United  States  navy  in  the  war  of  the  rebellion  to 
the  credit  of  the  town  of  Easton,  and  who  never  received 
a  bounty  for  said  service.  The  sum  allowed  by  this  re- 
solve shall  be  paid  only  to  the  beneficiary  named  herein 
or  to  his  executor  or  administrator. 

Ap)proved  June  5,  1896. 

CJiap.1.04:  Resolve  in  favor  of  joiin  h.  lamson. 

i°^\fn  Hesolved^  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  thirty-five  dollars  to  John  H.  Lamson,  a  veteran  who 
served  in  the  United  States  army  in  the  war  of  the  rebel- 
lion to  the  credit  of  the  town  of  Quincy,  and  who  never 
received  a  bounty  for  said  service.  The  sum  allowed  by 
this  resolve  shall  be  paid  only  to  the  beneficiary  named 
herein  or  to  his  executor  or  administrator. 

Approved  June  5,  1896. 


Resolves,  1896.  — Chaps.  105,  106,  107,  108.  645 


Resolve  in  favor  of  james  n.  tolman.  Chav.lOo 

Resolved,  That  in  recognition  of  the  long  and  faithful  James  n. 
service  of  James  N.  Tolman  a  messenger  in  the  sergeant- 
at-arms'  department,  who  has  been  employed  therein  as 
watchman,  sergeant-at-arms'  messenger,  and  in  charge  of 
the  legislative  document  room,  for  nearly  fifty  years,  and 
who  is  now  afflicted  with  a  disease  which  incapacitates  him 
from  further  service,  the  sergeant-at-arms  be  allowed  to 
continue  the  said  James  N.  Tolman  on  his  pay  roll  for 
the  term  of  one  year  from  the  fourth  day  of  June  in  the 
year  eighteen  hundred  and  ninety-six,  at  the  rate  of  six 
hundred  dollars  per  year,  which  sum  shall  be  paid  out  of 
the  treasury  of  the  Commonwealth  to  the  said  James  N. 
Tolman  monthly,  and  in  case  of  his  death  the  same  sum 
per  month  shall  be  paid  to  his  widow  to  the  end  of  the 
year  above-specified.  Approved  June  5,  1896. 

Resolve  in  favok  of  ellis  k.  holbrook.  (7/?-aw.l06 

Besolved,  That  there  be  allowed  and  paid  out  of  the  eihb  r. 
treasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  twenty-five  dollars  to  Ellis  R.  Holbrook ;  said  Hol- 
brook being  a  veteran  who  served  in  the  United  States 
army  in  the  war  of  the  rebellion  to  the  credit  of  the  town 
of  West  Bridgewater,  and  who  never  received  a  bounty 
for  said  service.  The  sum  allowed  by  this  resolve  shall 
be  paid  only  to  the  beneficiary  named  herein  or  to  his 
executor  or  administrator.  Approved  June  3,  1896. 


Resolve  in  favor  of  william  gibbons.  Ohnii  107 

Resolved,  That  there  be  allowed  and  paid  out  of  the  wiuiam 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  *^'^^°°*- 
and  twenty-five  dollars  to  William  Gibbons,  a  veteran 
who  served  in  the  United  States  army  in  the  war  of  the 
rebellion  to  the  credit  of  the  town  of  Natick,  and  who 
never  received  a  bounty  for  said  service.  The  sum  allowed 
by  this  resolve  shall  be  paid  only  to  the  beneficiary  named 
herein  or  to  his  executor  or  administrator. 

Approved  June  4,  1896. 

Resolve  in  favor  of  Sylvester  av.  russell.  Ohnrt  108 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Sylvester  w. 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  ^^"**^"- 


646  Resolves,  1896.  — Chaps.  109,  110,  111. 

dollars  to  Sylvester  W.  Russell ;  said  Russell  being  a 
veteran  who  served  in  the  war  of  the  rebellion  to  the 
credit  of  the  town  of  North  Bridgewater,  and  who  never 
received  a  bounty  for  said  service.  The  sum  allowed  by 
this  resolve  shall  be  paid  only  to  the  beneficiary  named 
herein  or  to  his  executor  or  administrator. 

Approved  June  4,  1896. 

Chav.^OQ  Resolve  in  favor  of  olive  a.  churchill. 

Olive  A.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  sum  of  one  hundred 
dollars  to  Olive  A.  Churchill,  widow  of  S.  Sylvester 
Churchill;  said  S.  Sylvester  Churchill  being  a  veteran 
who  served  in  the  United  States  army  in  the  war  of  the 
rebellion  to  the  credit  of  the  town  of  North  Bridgewater, 
and  who  never  received  a  bounty  for  said  service.  The 
sum  allowed  by  this  resolve  shall  be  paid  only  to  the 
beneficiary  named  herein  or  to  her  executor  or  adminis- 
trator. Approved  June  4,  1896. 

C7)rtr)  110  Resolve  in  favor  of  giles  r.  Alexander. 

Giles  R^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  sixty  dollars  to  Giles  R.  Alexander,  a  veteran  who 
served  in  the  United  States  army  in  the  war  of  the  re- 
bellion to  the  credit  of  the  town  of  Bridgewater,  and  who 
never  received  a  bounty  for  said  service.  The  sum 
allowed  by  this  resolve  shall  be  paid  only  to  the  bene- 
ficiary named  herein  or  to  his  executor  or  administrator. 

Approved  June  4,  1896. 


Alexander. 


CJiap.lW 


Resolve  to  authorize  the  appointment  of  a  commission  to 
inquire  into  the  expediency  of  revising  and  amending 
the  laws  ok  the  commonwealth  relating  to  taxation. 

commisBionto  Resolved,  That  the  governor,  by  and  with  the  advice 
JeiatinlTt^*  and  consent  of  the  council,  appoint  a  commission  of  five 
taxation.  persous  to  obtain,  collate   and    report    facts    concerning 

taxation,  present  a  summary  of  conclusions  to  be  drawn 
therefrom,  and  suggest  any  changes  advisable  in  the  laws 
of  the  Commonwealth  relating  to  taxation.  They  shall 
have  authority  to  em})loy  assistance  and  to  send  for  per- 
sons and  papers ;  and  their  necessary  expenses  so  far  as 
approved  by  the  governor  and  council,  together  with  such 


Resolves,  1896.  — Chaps.  112,  113,  114.  647 

compensation  to  the  members  as  shall  be  determined  by 
the  governor  and  council,  shall  be  paid  from  time  to  time 
from  the  treasury  of  the  Commonwealth.  They  shall 
make  and  present  their  final  report  to  the  governor  and 
council  not  later  than  the  first  day  of  October  in  the  year 
eighteen  hundred  and  ninety-seven.  Two  thousand  copies 
of  said  report  shall  be  printed,  one  copy  of  which  shall 
be  sent  by  the  secretary  of  the  Commonwealth  to  each 
of  the  members  elect  of  the  general  court  for  the  year 
eighteen  hundred  and  ninety-eight,  when  elected,  and  the 
remainder  shall  be  distributed  in  such  manner  as  the  com- 
missioners shall  determine.  Apjyroved  June  4, 1896. 


Chap.112 


Resolve  relative  to  the  carriage  of  bicycles  by  railroad 
corporations. 

Resolved^  That  the  board  of  railroad  commissioners  is  carriage  of 
hereby  instructed  to  investigate  and  determine  upon  what  ra^froads/ 
terms  and  conditions  bicycles  should  be  carried  within 
this  Commonwealth  by  railroad  corporations  under  the 
supervision  of  said  board  ;  to  recommend  to  said  railroad 
corporations  such  changes  in  their  present  rules  relative 
thereto  as  the  board  may  think  desirable  for  the  public 
interest ;  and  to  report  to  the  general  court  what  legisla- 
tion, if  any,  the  board  may  think  advisable  in  regard  to 
such  carriage  of  bicycles.  Approved  June  4,  1896. 

Resolve  providing  for  the  preparation  of  a  schedule  of  /^^^y^llQ 

FORMS   OF   pleadings   IN   CRIMINAL   CASES.  "' 

Resolved,  That  the  governor  by  and  with  the  advice  and  pufa'dfuKs  in 
consent  of  the  council  shall  appoint  three  persons  learned  '^"mi"'''  <=»«^«- 
in  the  law  to  investigate  and  report  upon  a  plan  for  the 
simplification  of  criminal  pleadings,  and  to  prepare  a 
schedule  of  forms  of  pleadings  to  be  used  in  criminal 
cases.  They  shall  make  a  report  in  print  of  their  doings 
to  the  next  general  court.  They  shall  receive  such  com- 
pensation from  the  treasury  of  the  Commonwealth  as  the 
governor  and  council  shall  determine. 

Approved  June  4,  1896. 

Resolve  to  provide  for  the  establishment  of  a  fish  hatch-  /^^^^  114^ 

ERY  in  the   western   PART   OF  THE   COMMONWEALTH.  -^' 

Resolved,  That   there  be  allowed  and  paid  out  of  the  Fish  hatchery 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  J,"  liTe^common- 

wealtb. 


648  Kesolves,  1896.  — Chaps.  115,  116,  117. 

thousand  dollars,  to  be  expended  under  the  direction  of 
the  commissioners  on  inland  fisheries  and  game  for  the 
purpose  of  establishing  and  maintaining  in  the  western 
part  of  the  Commonwealth  a  hatching  house  for  the  prop- 
agation of  trout,  salmon  and  shad,  and  for  the  purchase 
and  erection  of  buildings  necessary  for  that  purpose. 

Ajyproved  June  4,  1896. 

Chap.1^15  Resolve   in   favor   of   certain   veterans  of   the  town   of 

BRIDGEWATER. 

on'he^own  T'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
Bridgewater.  trcasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  sixty  dollars  each  to  the  following  named  persons : 
Charles  W.  Wilber,  Marcus  Holmes,  Freeman  Holmes, 
Charles  E.  Porcheron,  Cornelius  B.  Holmes,  William 
Holmes,  Preston  Hooper,  Francis  E.  Allen  and  George 
F.  Dunbar,  said  persons  being  veterans  who  served  in  the 
United  States  army  in  the  war  of  the  rebellion  to  the  credit 
of  the  town  of  Bridgewater,  and  who  never  received  a 
bounty  for  said  service.  The  sum  allowed  by  this  resolve 
shall  be  paid  only  to  the  beneficiaries  named  herein  or  to 
their  executors  or  administrators. 

Approved  June  4,  1896. 

Chap.WQ  Resolve  in  favok  of  andreav  j.  mokton. 

uo^tllZ'^'  ^Vliereas,  Andrew   J.    Morton  after  having  served  as 

first  clerk  in  the  office  of  the  tax  commissioner  for  thirty- 
one  years,  resigned  his  position  in  August  last  past  by 
reason  of  ill  health  ;  therefore 

Resolved,  That  in  recognition  of  his  long  and  faithful 
service  there  be  allowed  and  paid  out  of  the  treasury  of 
the  Commonwealth  to  the  said  Andrew  J.  Morton  the  sum 
of  one  thousand  dollars.  Approved  June  5,  1896. 

Chap.Wi  Resolve    in    favor  of   certain   veterans    of    the    town   of 

MELROSE. 

ofthe  town  oT^      R^solvcd,  That  there  be  paid  out  of  the  treasury  of  the 
Melrose.  Commouwcalth  to  the  following  named  persons  the  sums 

placed  after  their  names  respectively  ;  said  persons  being 
veterans  or  heirs  or  legal  representatives  of  veterans  who 
served  in  the  United  States  army  in  the  war  for  the  sup- 
pression of  the  rebellion,  to  the  credit  of  the  town  of 
Melrose,  the  within  claim  arising  from  a  vote  of  said  town 


Resolves,  1896.  — Chap.  118.  649 

passed  on  the  sixth  day  of  May  in  the  year  eighteen  hun-  certain  veterans 
dred  and  sixty-one:  Edwin  A.  Andrews,  three  hundred  Meirose.^" ° 
and  sixty  dollars ;  Elizabeth  J.  Barron,  Bertha  M.  Arm- 
strong, heirs  at  law  of  Henry  Barron,  five  hundred  and 
forty-seven  dollars  and  fifty  cents ;  Eleanor  Batchelder, 
William  B.  Batchelder,  heirs  at  law  of  George  W.  Batch- 
elder,  four  hundred  and  thirty-four  dollars ;  Abbie  A. 
Chandler,  Frank  A.  Chandler,  Herbert  W.  Chandler, 
Henry  I.  Chandler,  heirs  at  law  of  Roswell  W.  Chandler, 
one  hundred  and  eighty  dollars ;  Jacob  M.  Ellis,  four 
hundred  and  fifty-seven  dollars  and  fifty  cents ;  John  C. 
Grover,  three  hundred  and  fifty-six  dollars  ;  Henry  H. 
Jones,  three  hundred  and  sixty  dollars ;  Cushing  W.  Lit- 
tlefield,  one  hundred  and  eighty-six  dollars ;  Sherman 
Lynde,  five  hundred  and  fifty-eight  dollars  ;  James  Macey, 
three  hundred  and  sixty- three  dollars ;  Horace  E.  Morse, 
sole  heir  at  law  of  George  J.  Morse,  five  hundred  and 
thirty-five  dollars ;  Thomas  J.  Munn,  three  hundred  and 
sixty  dollars  ;  Torrey  Peabody,  Jr.,  five  hundred  and  thirty- 
two  dollars  and  fifty  cents  ;  Daniel  S.  Pratt,  three  hundred 
and  sixty  dollars ;  Albert  F.  Shelton,  one  hundred  and 
seventy-nine  dollai's ;  Hannah  G.  Simonds,  sole  heir  af 
Joseph  R.  Simonds,  five  hundred  and  forty  dollars  ;  Sam- 
uel Sprague,  Jr.,  three  hundred  and  seventy-two  dollars; 
Thomas  B.  Stantial,  one  hundred  and  forty-nine  dollars ; 
Sarah  E.  Stilphen,  Elva  F.  Stilphen,  Florence  A.  Stil- 
phen,  heirs  at  law  of  John  E.  Stilphen,  five  hundred  and 
sixty-four  dollars  ;  George  A.  Tainter,  three  hundred  and 
ten  dollars ;  Edward  H.  Whitney,  three  hundred  and  sixty- 
one  dollars ;  W^illiam  Wyman,  three  hundred  and  twenty- 
six  dollars  and  sixty-seven  cents.  The  money  allowed  by 
this  resolve  shall  be  paid  only  to  the  beneficiaries  named 
herein  or  to  their  executors  or  administrators. 

Ajyproved  June  9,  1896. 


Chap.118 


Resolve  to  provide  for  the  purchase  of  additional  prop- 
erty FOR  THE  LYMAN  SCHOOL  FOR  BOYS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasury  of  the  Commonwealth  a  sum  not  exceeding  eight  '""^  ^°^*" 
thousand  five  hundred  dollars,  to  be  expended  under  the 
direction  of  the  trustees  of  the  Lyman  school  for  boys,  for 
the  purchase  of  the  so-called  Flagg  farm  in  the  town  of 
Berlin,  and  for  the  proper  repairing  and  furnishing  of 
the  buildings  situated  thereon.       Approved  June  9,  1890. 


650  Besolves,  1896.  — Chaps.  119,  120. 

(7Aay).119  Resolve  providing  for  the  placing  in  the  state  house  of  a 

BUST  of  SAMUEL   F.  SMITH,  AUTHOR  OF  THE  HYMN  "  AMERICA  ". 

F^sn^th*™"^'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars  for  a  life  size  marble  bust  of  Samuel  F. 
Smith,  author  of  the  hymn  "America",  to  be  executed 
by  such  person  as  the  governor  may  select,  and  to  be 
placed  in  the  state  house.  Approved  June  9,  1896. 

(J Jiap, 120  Resolve   in   favor    of    certain  veterans   of  the  town  of 

STONEIIAM. 

of tifJ^owno?"  Resolved,  That  there  be  allowed  and  paid  out  of  the 
stonehani.  trcasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  twenty-iive  dollars  each  to  the  following  named  per- 
sons :  Chester  W.  Green,  United  States  Navj'- ;  Henry 
Howard,  John  E.  La  Claire,  Jason  D.  Washburn,  Peter 
Nolon,  Leonard  F.  Green,  Humington  Porter,  Edward 
McGrady,  James  H.  Broughton,  William  O.  Ward,  Charles 
L.  Nash,  Oliver  L.  Childs,  William  H.  Burdick,  Solan  A. 
Bryant,  Samuel  Berry,  junior,  and  Albert  Jenkins,  all  of 
the  thirteenth  Massachusetts  volunteers  ;  Benj.  W.  Jones, 
first  battalion  heavy  artillery  ;  Thomas  Kelley,  nineteenth 
Massachusetts  volunteers ;  Samuel  I.  Dodge,  first  com- 
pany sharpshooters,  Massachusetts  volunteers  ;  Augustus 
F.  Stevens,  sixth  Massachusetts  light  battery ;  David  H. 
Tilton,  first  battalion  heavy  artillery  ;  Eben  B.  Lawrence, 
second  company  sharpshooters,  Massachusetts  volunteers  ; 
Benjamin  J.  Burdick,  second  company  sharpshooters, 
Massachusetts  volunteers ;  George  W.  Young,  second 
company  sharpshooters,  Massachusetts  volunteers ;  Wil- 
liam H.  Marden,  second  company  sharpshooters,  Mas- 
sachusetts volunteers ;  Nathan  M.  Walton,  fifty-ninth 
Massachusetts  volunteers ;  Henry  Poor,  sergeant  major, 
seventeenth  Massachusetts  volunteers  ;  Andrew  J.  Green, 
ninety-ninth  New  York  volunteers ;  George  W.  Marsh, 
thirteenth  Massachusetts  volunteers  ;  Edward  W.  Blandin, 
seventeenth  Massachusetts  volunteers  ;  John  E.  Frederick, 
first  battalion  heavy  artillery ;  said  persons  being  veterans 
who  served  in  the  United  States  army  or  navy  in  the  war 
of  the  rebellion  to  the  credit  of  the  town  of  Stoneham, 
and  who  never  received  a  bounty  for  said  service.  The 
sum  allowed  by  this  resolve  shall  be  paid  only  to  the 
beneficiaries  named  herein  or  to  their  executors  or  ad- 
ministrators. Approved  June  9,  1896. 


Resolves,  1896.  — Chaps.  121,  122,  123,  124.  651 

Resolve  in  favor  of  calvin  francis  harlow.  Chap.121 

JResolved,  That  there  be  allowed  and  paid  out  of  the  caivin  Francia 
treasury  of  the  Commonwealth  the  sum  of  one  hundred 
and  twenty-five  dollars  to  Calvin  Francis  Harlow ;  said 
Harlow  being  a  veteran  who  served  in  the  United  States 
army  in  the  war  of  the  rebellion  to  the  credit  of  the  town 
of  East  Bridgewater,  and  who  never  received  a  bounty  for 
said  service.  The  sum  allowed  by  this  resolve  shall  be 
paid  only  to  the  beneficiary  named  herein  or  to  his  executor 
or  administrator.  Approved  June  9,  1896. 

Resolve   to    confirm    the    acts   of  fredrik  peterson  as  a  (JJia7),V2i2t 

JUSTICE   of   the   peace. 

Resolved,  That  all  acts  done  by  Fredrik  Peterson  as  a  Fredrik  Peter- 
justice  of  the  peace,  between  the  sixteenth  day  of  January  the'peaceracts 
in  the  year  eighteen  hundred  and  ninety-six  and  the  thir-  *=°°^'''"^^- 
tieth  day  of  April  in  the  year  eighteen  hundred  and  ninety- 
six,  are  hereby  confirmed  and  made  valid  to  the  same  extent 
as  though  he  had  been  during  that  time  qualified  to  dis- 
charge the  duties  of  said  office.     Approved  June  9,  1896. 


Chap.123 


Resolve  to  confirm  the  acts  of  moses  h.  ames  as  a  justice 
of  the  peace. 
Resolved,  That  all  the  acts  done  by  Moses  H.  Ames  of  Moses  H.Ames, 

-r  .  .  ,.     ,  ,  ,  justice  of  the 

Lawrence  as  a  justice  oi  the  peace,  between  the  twenty-  peace,  acts 
fourth  day  of  December  in  the  year  eighteen  hundred  and  "^"^  ^°^^ 
ninety-one  and  the  fourteenth  day  of  September  in  the 
year  eighteen  hundred  and  ninety-two,  are  hereby  con- 
firmed and  made  valid  to  the  same  extent  as  though  he 
had  been  during  that  time  qualified  to  discharge  the  duties 
of  said  oflSce.  Ajyproved  June  9,  1896. 

Resolve   authorizing    and  directing  the  state  house    con-  rii^f.^  1 04. 
struction  commission    to   provide   temporary  accommoda-  -^  * 

tions  for  the  senate. 

Resolved,   That  the  state  house  construction  commission  Temporary 
is  hereby  authorized  and  directed  to  provide  temporary  uonTfTilTe 
accommodations  for  the  senate  and  its  officers  in  that  part  ^'^°'"^- 
of  the   recent  addition  to  the  stats  house  which  is  known 
as  the  Bryant  addition  ;  such  accommodations  to  be  ready 
for  occupancy  by  the  senate  next  to  be  chosen ;  and  that 
for  the  purpose  herein  specified  said  commission  is  author- 
ized to  expend  a  sum  not  exceeding  ten  thousand  dollars. 

Approved  June  9,  1896. 


652  Resolutions. 


RESOLUTIONS. 


Resolutions  relative  to  the  navigation  of  the  Connecticut 

RIVER. 

Navigation  of^^        WJtereas,  It  is  desirable  that  the  attention  of  congress 
river.  should  be  Called  to  the  urgent   need  of  re-opening  the 

Connecticut  river,  running  through  the  states  of  Massa- 
chusetts and  Connecticut,  to  navigation,  as  far  up  said 
river  as  the  cities  of  Springfield  and  Holyoke  in  said 
Commonwealth,   for  the  following  reasons :  — 

First,  because  the  re-establishing  of  navigation  on  the 
Connecticut  river  will  restore  to  said  river  the  shipping 
industry  that  formerly  made  up  a  large  part  of  the  busi- 
ness of  Springfield. 

Second,  because  the  Connecticut  river  is  the  largest  and 
most  important  river  in  New  England. 

Third,  because  navigation  on  the  Connecticut  river 
would  enable  the  general  government  to  reach  by  water 
its  arsenal  and  armory  at  Springfield. 

Fourth,  because  by  the  opening  of  navigation  on  said 
river  the  general  government  would  save  thousands  of  dol- 
lars annually  in  freight  charges. 

Fifth,  because  by  making  said  river  navigable  millions 
of  dollars  would  be  saved  in  freight  charges  to  the  people 
living  along  its  banks. 

Sixth,  because  it  would  benefit  a  territory  populated  by 
more  than  five  hundred  thousand  inhabitants. 

Seventh,  because  it  would  advance  the  prosperity  of  a 
section  of  the  Commonwealth  of  Massachusetts  that  is  in- 
creasing in  population  with  marked  rapidity. 

Eighth,  because  by  removing  the  present  obstructions 
that  impede  navigation,  as  well  as  the  natural  flow  of  the 
river,  the  health  of  the  people  living  along  its  borders 
would  be  less  liable  to  the  dangers  of  malaria,  resulting 
from  the  overflow  of  the  said,  river,  in  the  spring  of  the 
year,  caused  by  said  obstructions. 


Resolutions.  653 

Ninth,  because  by  making  said  river  navigable,  it  would  Navigation  of 

.'  .•^,  ?,  -  1  '^^  Connecticut 

again  turnish  an  inexhaustible  supply  of  shad  and  other  "^er. 
migratory  fish,  which  formerly  contributed  to  the  yield  of 
food  for  the  inhabitants,  and  which  are  now  totally  un- 
known in  its  waters  on  account  of  said  impediments  to 
navigation ;  and 

Tenth,  because  said  Connecticut  river  being  a  natural 
water  highway,  the  people's  rights  to  its  use  as  such  should 
not  only  be  protected,  but  such  improvements  should  be 
made  as  would  make  more  valuable  their  inherent  rights 
to  such  a  highway. 

Resolved^  That  our  Commonwealth  cannot  be  true  to 
herself  if  she  remains  silent  or  inactive  when  her  rights 
are  encroached  upon  by  acts  within  or  without  her  borders. 

Resolved^  That  the  people  of  this  Commonwealth  have 
just  cause  of  complaint  on  account  of  the  existing  impedi- 
ments to  navigation  on  the  Connecticut  river,  inasmuch  as 
said  river  is  a  navigable  body  of  water  in  law  as  it  would 
be  in  fact,  were  it  not  for  the  artificial  obstructions  placed 
in  the  way  of  such  navigation. 

Resolvedf  That  the  inactivity  of  our  Commonwealth  in 
protecting  the  inherent  rights  of  her  citizens  in  the  great 
water  highway  which  she  has  recently  taken  under  her 
protection  is  a  manifest  injustice  to  those  citizens  who 
would  save  millions  of  dollars  by  the  opening  of  said  river 
to  navigation. 

Resolved,  That  our  senators  and  representatives  in  con- 
gress be  requested  to  use  their  best  endeavors  to  urge 
upon  congress  the  importance  and  justice  of  re-opening 
the  Connecticut  river  to  navigation  as  far  up  as  the  cities 
of  Springfield  and  Holyoke. 

Resolved,  That  the  secretary  of  the  Commonwealth  be 
requested  to  forward  a  copy  of  these  resolutions,  properly 
attested,  to  each  of  our  senators  and  representatives  in 
congress. 

In  Senate,  adopted,  February  5,  1896. 

In  House  of  Representatives,  adopted  in  concurrence,  February 
6,  1896. 

Resolutions  relative  to  the  improvement  of  boston  harbor. 

WJier^eas,    The   Commonwealth    of  Massachusetts   has  improvement  of 
ever  been  in  favor  of  all  improvements  relating  to  rivers  ^°'"*°°  harbor. 
and  harbors  which  have  been  of  national  importance ;  and 


654  Resolutions. 

B3o°n  hM^bor*!'  ^^^^  Uniformly,  by  the  votes  of  her  senators  and  represent- 
atives, helped  in  securing  the  appropriations  requisite  for 
such  improvements,  and 

Whereas,  There  is  at  this  time  no  expenditure  more 
imperatively  needed,  or  of  greater  national  importance, 
than  that  required  for  the  improvement  of  Boston  harbor, 
by  providing  ample  water-ways  and  safe  approaches  for 
the  growing  commerce  of  Boston  and  for  the  largely  in- 
creased size  for  modern  steamships  ; 

Resolved,  That  the  general  court  requests  the  senators 
and  representatives  of  this  Commonwealth  in  congress  to 
use  their  best  efforts  to  procure  the  passage  of  such  legis- 
lation as  may  be  necessary  to  secure  needftil  improve- 
ments in  Boston  harbor,  by  the  appropriation  of  a  sum  of 
money  adequate  for  deepening,  straightening  and  widen- 
ing existing  channels  as  far  as  the  Charlestown  navy  yard, 
to  the  depth  of  thirty  feet  at  mean  low  water  and  to  the 
width  of  not  less  than  twelve  hundred  feet,  and  for  open- 
ing a  fair  water-way  for  vessels  of  the  largest  class  through 
Broad  sound  into  the  President  roads. 

Resolved,  That  the  general  court  confidently  asks  the 
effective  co-operation  of  the  senators  and  representatives 
of  the  other  states  of  the  United  States  in  securing  for 
Boston  such  a  harbor  and  such  approaches  thereto  as  its 
present  condition,  position  and  commerce  demand. 

Resolved,  That  the  president  of  the  senate  and  the 
speaker  of  the  house  of  representatives  be  instructed  to 
present  or  to  forward  these  resolutions  to  congress. 

In  Senate,  ado^tted,  February  21,  1896. 
In  House  of  Eejjresentatives,  adopted  in  concurrence,  February 
24,  1896. 


Resolutions  relative  to  veterans  of  the  Mexican  war. 

MlxTcan^wIr!''  Resolved,  That,  in  the  opinion  of  the  general  court  of 
Massachusetts,  it  is  expedient  that  the  few  remaining  vet- 
erans of  the  Mexican  war  should  be  allowed  the  increase 
of  pension  from  the  national  treasury  for  which  they  have 
petitioned,  and  the  general  court  therefore  urges  upon 
congress  the  passage  of  such  legislation  as  may  be  neces- 
sary to  effect  such  increase. 

Resolved,  That  properly  attested  copies  of  these  resolu- 
tions be  transmitted  by  the  secretary  of  the  Commonwealth 


Resolutions.  655 

to  the  presiding  officers  of  both  branches  of  congress,  and 
to  the  senators  and  representatives  in  congress  from  this 
Commonwealth. 

In  House  of  Representatives,  adopted,  February  24,  1896. 
In  Senate,  adopted  in  concurrence,  February  28,  1896. 

Resolutions  relative  to  the   granting   op   pensions   by   the 

NATIONAL   government    TO   SOLDIERS   AND   SAILORS   CONFINED   IN 

conp^ederate  prisons. 

Whereas,    A  bill  is  now  before  the  congress  of  the  Pensions  to 
United  States,  granting  pensions  to  soldiers  and  sailors  eaiiJrsconflned 
confined  in  so-called  confederate  prisons  ;  and  p^isons!^^'^^*'' 

Whereas,  Many  officers,  soldiers,  sailors  and  marines 
of  the  federal  army  and  navy  were  confined  in  so-called 
confederate  prisons  for  a  great  length  of  time,  suffering 
unusual  hardships  and  contracting  diseases  and  disabili- 
ties difficult  to  fully  prove  under  existing  pension  laws : 
Therefore,  for  the  purpose  of  doing  justice  to  a  specially 
deserving  class  of  surviving  veterans  of  the  war, 

Be  it  Resolved,  That  the  senators  and  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  believe  in  the  justice  and  equity  of  House 
Bill  No.  306,  to  those  that  served  our  government  as  pris- 
oners of  war  during  the  war  of  the  rebellion,  and  request 
the  senators  and  representatives  from  this  Commonwealth 
in  the  congress  of  the  United  States  to  use  their  influence 
in  favor  of  the  passage  of  said  bill. 

Resolved,  That  copies  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  the  presiding  officers  of  both  branches  of  congress, 
and  also  to  the  senators  and  representatives  in  congress 
from  this  Commonwealth. 

In  House  of  Representatives,  adopted,  February  27,  1896. 
In  Senate,  adopted  in  concurrence,  March  3,  1896. 

Resolution  expressing  the  regard  of  the  general  court  for 
HIS  excellenct  governor  greeniialge,  and  the  desire  that 
he  may  be  speedily  restored  to  health. 

Resolved,  By  the  senate  and  house  of  representatives,  lunessof 
that  the  news  of  the  serious  illness  of  His  Excellency,  GrJenhaige. 
Governor  Frederic  T.  Greenhalge,  comes  as  a  sad  surprise 
to  the  general  court  and  to  the  people  of  Massachusetts 


656 


Resolutions. 


Illness  of 
Governor 
Oreenhalge. 


and  awakens  the  profound  sympathy  of  every  citizen.  It 
is  our  earnest  prayer  that  he  may  speedily  recover  and  be 
permitted  to  return  to  duty  in  the  high  office  which  he 
adorns.  The  members  of  his  family  and  those  nearest  him 
in  official  station  have  assurance  that  we  share  their 
anxieties  and  w^ould  gladly  co-operate  in  their  watchful 
and  tender  care.  And  finally,  we  wish  it  were  in  our 
power  to  waft  a  breath  of  healing  or  of  comfort  to  the 
distinguished  sufferer,  and  with  some  misgivings  for  the 
exactions  that  the  people  have  increasingly  made  upon 
their  governors  in  recent  years,  we  promise  that  if  he  is 
providentially  permitted  to  resume  his  useful  and  illus- 
trious career,  there  will  hereafter  be  greater  consideration 
for  his  power  of  endurance,  for  his  physical  comfort  and 
his  mental  rest. 

In  Hoxise  of  Representatives,  adopted,  March  2, 1896. 
In  Senate,  adopted  in  concurrence,  March  3,  1896. 


On  the  death  of 
ex-governor 
George  D. 
Robinson. 


Resolutions  on  the  death  of  geokge  d.  robinson. 

Remlved,  That  the  senate  and  house  of  representatives 
desire  to  express  their  sense  of  the  loss  which  Massachu- 
setts has  suffered  in  the  death  of  George  D.  Robinson, 
formerly  governor  of  the  Commonwealth  and  for  four 
years  one  of  its  representatives  in  the  congress  of  the 
United  States. 

Ability,  learning,  industry,  sturdy  honesty  and  rare 
knowledge  of  human  nature  combined  to  give  him  emi- 
nence in  law,  in  politics  and  in  affairs  of  state.  He  won 
the  confidence  and  affection  of  his  fellow  citizens,  and  was 
a  noble  type  of  the  worthy  sons  whom  the  Commonwealth 
has  always  delighted  to  honor. 

The  memory  of  his  blameless  life  will  long  be  cherished 
by  his  fellow  citizens,  and  will  be  an  inspiration  to  patri- 
otism and  to  nol)le  living. 

Resolved,  That  the  senate  and  house  of  representatives 
tender  to  the  bereaved  family  their  sincere  sympathy. 

Resolved,  That  an  engrossed  copy  of  these  resolutions 
be  transmitted  to  the  family  of  the  deceased. 

In  Senate,  adojyted,  March  4,  1896. 

In  House  of  Representatives,  adopted  in  concurrence,  March 
4,  1896. 


Resolutions.  657 


Resolutions   relative   to   the   extermination  of  the  gypsv 

MOTH. 

Whereas^  The  gypsy  moth,  an  insect  pest,  has  found  a  Extermination 
lodgment  in  this  Commonwealth,  and  careful  and  per-  moui!^^'"*^ 
sistent  work  is  necessary  to  prevent  its  spread  over  others 
of  the  United  States ;  and  this  Commonwealth  has  ap- 
propriated and  expended  under  the  direction  of  the  state 
board  of  agriculture  large  sums  in  the  work  of  exterminat- 
ing said  pest ;  and  said  board  has  asked  for  the  appropria- 
tion of  the  sum  of  two  hundred  thousand  dollars  for  iihe 
current  year,  to  continue  said  work ; 

Resolved^  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  request  the  senators  and  representatives  from 
this  Commonwealth  in  the  Congress  of  the  United  States 
to  use  their  influence  to  induce  the  United  States  govern- 
ment to  take  up  the  work  and  carry  it  on  to  completion, 
or  to  secure  from  congress  a  liberal  appropriation  to  assist 
this  Commonwealth  in  defraying  the  necessary  expenses 
of  the  work. 

Resolved,  That  a  copy  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  each  of  our  senators  and  representatives  in 
congress. 

In  Senate,  adopted,  March  30,  1S96. 

In  House  of  Rex)rese)itatives,  adoj^ted  in  concurrence,  April  3, 
1896. 

Resolutions  on  the  death  of  his  late  excellency,  fredekic 
T.  greenhalge. 

Whereas,  The  senate  and  house  of  representatives  of  the  on  the  death  oi 
Commonwealth  of  Massachusetts  in  general  court  assembled  3\l^^\t'T!"'^ 
have  learned  with  profound  sorrow  of  the  death  of  His  late  ^'^^^"^''•se. 
Excellency,  Frederic  T.  Greenhalge,  the  honored  and  be- 
loved governor  of  this  Commonwealth ; 

Resolved,  That  in  his  death  the  Commonwealth  loses  an 
able  and  devoted  governor,  the  people  of  the  state  a  tried 
and  loyal  friend,  the  nation  a  high-minded  and  patriotic 
citizen.  Having  no  advantages  of  fortune  or  of  birth,  this 
son  of  the  people,  by  the  force  of  his  ability  and  worth, 
rose  to  fill  high  public  stations  and  to  render  conspicuous 
services  to  the  Commonwealth  which  he  loved  and  which 


658  Resolutions. 

honored  him.  Treading  with  cheerful  steps  the  hard  road 
of  duty  and  of  opportunity,  he  attained  high  success  in 
his  chosen  fields  of  usefulness  and  showed  once  more  the 
possibilities  that,  under  our  free  institutions,  lie  before 
him  who  has  the  heart  and  strength  to  make  the  battle. 

His  career  is  alike  an  inspiration  and  an  example  to 
every  ambitious  youth  and  to  every  man  in  public  life. 
It  bids  the  youth  aspire  and  fit  himself  to  deserve  success. 
It  calls  upon  him  who  would  win  lasting  approval  in  pub- 
lic afi^airs  to  cease  time  serving,  and  to  serve  the  state  as 
his  sense  of  duty  bids ;  to  cast  aside  timidity  and  be 
brave  ;  to  rise  above  the  small  expediency  of  the  hour  and 
stand  for  principle  and  conviction  ;  to  heed  not  the  clamor 
of  the  day,  but  to  follow  the  call  of  duty.  Animated  by 
such  a  spirit,  he  whom  we  mourn  served  well  his  state,  his 
country  and  his  age,  and  leaves  for  his  family,  his  friends 
and  his  fellow  citizens  a  proud  record  and  an  honored  and 
inspiring  memory ; 

Resolved^  That  these  resolutions  be  entered  on  the  jour- 
nals of  the  two  houses  and  that  an  engrossed  copy  of  the 
same  be  sent  to  the  bereaved  family,  to  whom,  in  their 
deep  affliction,  the  sincere  sympathy  of  the  senate  and 
the  house  and  of  the  people  of  the  entire  Commonwealth 
is  respectfully  tendered. 

In  Senate^  adopted,  April  2,  1S96. 

In  House  of  Rejyresentatives,  adopted  in  concurrence,  April  7, 
1896. 

Resolutions  relative  to  the  establishment  of  a  national 
military  park  at  vicksburg. 

tiry  pTr'kTt''"  Wheveas,  There  is  now  pending  in  congress  a  bill,  H.  R. 

Vickeburg.  4339,  "To  Establish  a  National  Park  to  Commemorate 
the  Campaign,  Siege  and  Defense  of  Vicksburg",  which 
has  been  favorably  reported  by  the  committee  on  military 
affairs ;  and 

Wltereas,  Gettysburg  and  Vicksburg  being  inseparably 
connected  and  constituting  the  greatest  epoch  in  the  war 
of  the  rebellion,  should  be  equally  commemorated  in  the 
most  impressive  and  enduring  manner  possible  ;  and 

WJiereas,  The  establishment  of  a  national  military  park 
to  commemorate  the  campaign  and  siege  of  Vicksburg, 
will  be  a  most  appropriate  monument  to  the  commander 
whose  genius  planned  these  operations  and  directed  them 


Resolutions.  659 

to  a  successful  issue,  and  whose  fame  and  character  are  so 
dear  to  all  Americans  ;  and 

Whereas,  The  state  of  Massachusetts  has  not  only  a 
general,  but  also  an  especial  interest  in  this  bill,  for  the 
reason  that  three  of  her  gallant  regiments  of  infantry 
volunteers,  the  twenty-ninth,  thirty-hfth  and  thirty-sixth, 
participated  in  the  operations  it  proposes  to  commemorate  ; 
therefore 

Resolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts  in  general  court 
assembled  request  the  senators  and  representatives  from 
this  Commonwealth  in  the  congress  of  the  United  States 
to  use  their  influence  to  secure  the  prompt  passage  by 
congress,  at  this  session,  of  the  bill,  H.  R.  4339,  and  re- 
quest the  house  committee  on  rules  to  give  the  earliest 
possible  date  for  its  consideration  by  the  house. 

Resolved,  That  a  copy  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  clerks  of  the  two  branches 
of  the  general  court  to  each  of  our  senators  and  repre-. 
sentatives  in  congress. 

In  Senate,  adopted,  April  14,  1896. 

In  House  of  Representatives,  adopted  in  concurrence,  April  16, 
1896. 

Resolutions  relative  to  discrimination  on  account  of  color. 

Whereas,  On  the  twenty-ninth  day  of  January,  eight-  Discrimination 

1        -t  !•  •  1         T-»  i-r>''       Tir     on  account  of 

een  hundred  and  nmety-six,  the  Keverend  Benjamin  vV  .  color. 
Arnett,  D.D.,  of  Wilberforce,  Ohio,  senior  bishop  of  the 
American  Methodist  Episcopal  church,  president  of  the 
board  of  trustees  of  Wilberforce  university,  and  member 
of  many  learned  societies,  was  refused  entertainment  at 
certain  reputable  hotels  in  the  city  of  Boston,  because  he 
was  a  colored  man,  in  spite  of  statute  law  against  discrim- 
ination on  account  of  color ;  therefore. 

Resolved,  That  the  senate  and  house  of  representatives 
of  the  Commonwealth  of  Massachusetts,  in  general  court 
assembled,  successors  of  those  bodies  which  repeatedly 
elected  Charles  Sumner  to  the  senate  of  the  United  States, 
and  for  four  years  received  messages  from  John  A.  An- 
drew, hereby  express  their  severest  reprobation  of  such 
discrimination  and  their  firm  conviction  of  the  truth  of 
that  clause  in  the  declaration  of  the  independence  wherein 
all  men  are  declared  to  be  created  equal.    And  it  is  further 


660 


Resolutions. 


Resolved,  That  still  more  to  be  reprobated  is  the  senti- 
ment of  any  part  of  the  public  against  any  class  of  our 
fellow  citizens  whereby  such  discrimination  is  rendered 
possible,  and  that  a  vigorous  campaign  for  statute  rights 
by  the  persons  most  aggrieved  will  meet  the  hearty  ap- 
proval and  co-operation  of  the  two  branches  of  the  general 
court. 

In  Senate,  adopted,  April  17,  1896. 

In  House  of  Representatives,  adoptted  in  concurrence,  Aj^ril  22, 
1896. 

Resolutions  in  support  of  the  monroe  doctrine. 

theXTn^roe^*         Resolved,  That  the  senate  and  house  of  representatives 
doctrine.  of  the  Commouwealth  of  Massachusetts,  in  general   court 

assembled,  has  seen  with  profound  gratitication  that  the 
action  of  the  United  States  is  about  to  secure  a  settlement 
of  the  controversy  between  Great  Britain  and  Venezuela 
which  is  honorable  to  both  nations,  will  establish  the 
•principle  of  arbitration  in  international  disputes,  and  by 
enforcing  the  JNIonroe  doctrine,  which  should  be  iirmly 
sustained  by  the  United  States  wherever  it  justly  applies, 
will  protect  the  smaller  American  governments  from  the 
danger  of  European  aggression. 

Resolved,  That  a  copy  of  these  resolutions,  properly 
attested,  be  transmitted  by  the  secretary  of  the  Common- 
wealth to  each  of  our  senators  and  representatives  in 
congress. 

In  Senate,  adopted,  April  29,  1896. 

In  House  of  Representatives,  adopted  in  concurrence,  April 
30,  1896. 


Amendment  to 
coDBtitiition  of 
the  United 
StateB,  etc. 


Resolutions  relative  to  an  amendment  to  the  constitution 

OF    THE    united     STATES    ENABLING    CONGRESS    TO    ENACT     LAWS 
REGULATING   THE    HOURS   OF   LABOR. 

Resolved,  That  in  the  opinion  of  the  general  court  of 
Massachusetts  it  is  desirable  that  the  constitution  of  the 
United  States  should  be  so  amended  as  to  place  it  clearly 
within  the  power  of  congress  to  enact  laws  regulating  the 
hours  of  labor  in  the  several  states  according  to  some 
uniform  system  ;  and  the  senators  and  representatives  of 
this  Commonwealth  in  congress  are  hereby  requested  to 
take  such  action  as  may  be  necessary  in  order  to  bring  the 
question  of  so  amending  the  constitution  before  congress. 


Resolutions.  661 

Resolved,  That  properly  attested  copies  of  these  resolu- 
tions be  forwarded  by  the  secretary  of  the  Commonwealth 
to  the  presiding  officers  of  both  branches  of  congress, 
and  also  to  the  senators  and  representatives  in  congress 
from  this  Commonwealth. 

In  House  of  Representatives,  adopted,  May  5,  1896. 
In  Senate,  adopted  in  concurrence.  May  13,  1896. 

Resolution  of  sympathy  to  kepresentative  john  a.   woou- 
bury'  of  hopkinton. 
Resolved,   That  the  shocking  accident  by  which  Mr.  of  sympathy 
John  A.  Woodbury  of  Hopkinton  was  this  morning  pre-  Ttwe'johrA. 
vented  from  coming  to  the  House  and  as  the  result  of  Woodbury, 
which  he  now  lies  in  a  critical  condition  with  the  loss  of 
limb,  has  brought  sadness  to  the  hearts  of  all  his  associ- 
ates.    By  his  faithful  and  intelligent  service  he  had  gained 
the  respect  and  friendship  of  all  his  associates,  who  now 
join  in  expressing  their  sympathy  and  the  hope   of  his 
speedy  recovery. 

In  House  of  Representatives,  adopted,  June  10,  1896. 

Resolution  of  sympathy  to  representative  samuel  s.  bourne 
OF  middleborough. 
Resolved,  That  the  House  learns  with  deep  regret  of  of  sympathy 
the  serious  illness  of  one  of  its  members,  Mr.  Samuel  S.  atiyes^rmu*!" 
Bourne  of  Middleborough.     His  modest  and  gentlemanly 
demeanor   while   here,  his  perfect  uprightness,  his  clear 
intelligence  and  his  ability  in  debate  have  won  the  highest 
respect    and  confidence.     It  is  the    earnest   wish  of  his 
associates,  now   about  to  separate,  that  he  may  soon  be 
restored  to  health  and  that  the  public  may  continue  to 
enjoy  his  valuable  services. 

lyi  House  of  Representatives,  adopted,  June  10.,  1896. 


S.  Bourne. 


The  general  court  of  1896,  during  its  annual  session,  passed  550  acts 
and  124  resolves  which  received  executive  approval. 

Three  acts,  entitled  respectively,  "  An  Act  relative  to  the  protection 
of  lobsters",  "  An  Act  in  relation  to  membership  in  the  Society  of  the 
First  Congregational  Church  in  Lowell",  and  "An  Act  to  incorporate 
the  Massachusetts  Pipe  Line  Company  ",  were  passed  and  laid  before  the 
executive  for  his  approval,  and  were  returned,  with  objections  thereto, 
to  the  branch  in  which  they  originated ;  were  reconsidered,  and  the 
vote  being  taken  on  passing  the  same,  the  objections  of  the  executive 
to  the  contrary  notwithstanding,  they  were  rejected,  two-thii-ds  of  the 
members  present  and  voting  thereon  not  having  voted  in  the  attirmative. 

The  general  court  was  prorogued  on  Wednesday,  June  10,  at  12.20 
P.M.,  the  session  having  occupied  162  days. 


662  Governor's  Address. 


INAUGURAL    ADDRESS 

OP 

His  Excellency  Feederic  T.  Greenhalge. 


At  twelve  o'clock  on  Thursday,  the  second  day  of 
January,  his  excellency  the  governor,  accompanied  by 
his  honor  the  lieutenant  governor,  the  memliers  of  the 
executive  council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint  com- 
mittee of  the  two  houses,  met  the  senate  and  house  of  rep- 
resentatives, in  convention,  and  delivered  the  following 

ADDRESS. 

Senators  and  Representatives: 

It  must  be  apparent  even  to  the  casual  observer  that 
the  Commonwealth  is  at  present  in  a  period  of  rapid 
development,  of  unusual  activity,  and  of  unquestionable 
improvement  in  many  directions.  The  fact  is  sufficiently 
attested  by  the  great  enterprises  now  in  progress  or  in 
contemplation,  among  which  may  be  mentioned  the 
metropolitan  water  supply  system,  metropolitan  sewer- 
age, metroi>olitan  park  system,  metropolitan  or  greater 
Boston,  the  subway,  the  public  docks  project,  the  im- 
provement of  the  harbor,  and  the  construction  of  state 
highways. 

We  have  then  reached  an  era  of  development  and  pro- 
gress. And  these  public  works  and  projects  mean  much 
for  the  people  of  Massachusetts,  in  promoting  their  health, 
convenience  and  comfort;  in  fostering  and  developing 
business  and  commerce ;  in  elevating  and  refining  the 
mind ;  in  short,  in  adding  greatly  to  the  value  and  beauty 
of  the  every-day  life  of  the  people.  Surely  a  Common- 
wealth can  find  few  worthier  objects  upon  which  to  put 
forth  its  strength  and  to  expend  its  mental  and  material 
resources. 


Governor's  Address.  663 

The  purification  of  the  Charles  river,  in  connection 
with  the  development  of  the  great  system  of  metropolitan 
parks,  is  a  measure  recommended  by  imperative  consid- 
erations of  health  and  comfort.  There  should  be  as  far 
as  possible  harmony  and  unity  of  purpose  and  effort  be- 
tween those  having  in  charge  the  extension  of  the  park 
system  along  the  banks  of  the  Charles  river,  and  those 
having  in  charge  the  improvement  of  the  harbor. 

METROPOLITAN    WATER    SUPPLY. 

The  metropolitan  water  l)oard  was  established  under 
chapter  488  of  the  acts  of  the  year  1895,  for  the  purpose 
of  constructing  and  maintaining  a  system  of  water  works 
which  shall  provide  a  sufficient  supply  of  pure  water  for 
the  metropolitan  water  district,  comprising  the  cities 
of  Boston,  Chelsea,  Everett,  Maiden,  Medford,  Newton 
and  Somerville,  and  the  towns  of  Belmont,  Hyde  Park, 
Melrose,  Revere,  Watertown  and  Winthrop.  Power  was 
given  to  admit  any  other  city  or  town  within  ten  miles 
of  the  state  house,  and  under  this  power  the  city  of 
Quincy  has  applied  to  be  included  within  the  district. 

The  general  plan  of  the  system  to  be  constructed  was 
fixed  by  the  legislature  to  be  substantially  in  accordance 
with  the  scheme  of  water  supply  recommended,  after  long 
and  careful  consideration,  by  the  state  board  of  health. 
This  scheme  contemplated  in  general  the  taking  of  the 
waters  of  the  south  branch  of  the  Nashua  river,  and  the 
taking  of  other  sources  of  water  supply,  principally  those 
belonging  to  the  city  of  Boston,  including  the  Sudbury 
river. 

Surveys  and  specifications  for  the  aqueduct  from  Clinton 
to  the  Sudbury  system  have  been  completed  and  propos- 
als for  its  construction  are  nearly  ready  to  be  issued,  so 
that  work  upon  it  may  be  begun  early  in  the  year  189G. 
The  work  of  connecting  the  Chestnut  Hill  district  with 
Spot  Pond  and  the  Mystic  system  is  still  further  advanced  ; 
routes  have  been  surveyed  and  contracts  are  expected  to 
be  executed  the  present  month  for  the  furnishing  of  the 
iron  pipe  mains.  Plans  for  pumping  stations  arc  in  prog- 
ress, so  that  upon  completion  of  the  aqueduct  and  the  pipe 
lines  there  may  be  no  obstacle  to  the  immediate  introduc- 
tion of  additional  water  into  the  various  portions  of  the 
metropolitan  district. 


664  Governor's  Address. 


METROPOLITAN    PARKS. 

Under  authority  of  the  park  act  of  1893,  the  Blue  Hills, 
Middlesex  Fells,  Stony  Brook  and  Beaver  Brook  reser- 
vations, a  total  of  6,070  acres,  had  been  acquired,  in  ad- 
dition to  156  acres  in  West  Roxbury  parkway  transferred 
to  the  care  and  maintenance  of  the  city  of  Boston .  During 
the  past  year  these  reservations  have  been  amended  by 
the  taking  of  286  acres  and  by  the  abandonment  of  75  acres, 
chiefly  to  provide  for  boundary  roads  or  entrances  from 
the  nearest  highways.  In  addition,  new  acquisitions  have 
been  made  on  the  Charles  river,  and  at  various  other 
points  in  Newton,  Needham,  Wellesley  and  other  towns, 
so  that  the  holdings  of  the  Commonwealth  comprise  6,781 
acres.  The  money  appropriated  for  lands  and  work  un- 
der the  park  acts  amounts  in  all  to  $2,300,000,  of  which 
$300,000  only  can  be  expended  on  and  about  the- Charles 
river. 

Of  these  approj^riations  $1,194,651.41  have  already 
been  expended.  While  more  than  half  the  claims  for 
land  taken  have  been  settled  there  are  several  large 
claims  awaiting  adjustment ;  and  the  development  of  the 
park  system  cannot  safely  l^e  continued  until  an  appro- 
priation is  made  which  will  leave  a  balance  for  further 
work  after  these  claims  are  paid. 

The  people  of  the  park  district  and  vicinity  seem  to 
feel  a  keen  interest  in  the  development  of  the  system, 
and  it  is  acknowledged  on  all  sides  that  the  immense 
beneiits  resulting  from  the  project  amply  justify  the  out- 
lay. 

METROPOLITAN    SEWERAGE. 

Since  last  January  negotiations  have  been  pending 
between  the  city  of  Boston  and  the  l)oard  of  metro- 
politan sewerage  commissioners  with  a  view  to  fixing 
upon  the  yearly  rental  value  of  the  trunk  sewer,  pump- 
ing station  and  outfall  of  the  Boston  improved  system  for 
the  use  of  our  Charles  river  system,  for  a  term  of  five 
years.  It  was  hoped  that  some  agreement  might  be 
reached.  During  the  last  five  years  the  Commonwealth 
has  paid  the  city  of  Boston  for  this  use  an  average  yearly 
rental  of  about  $26,000  ;  but  now  the  city  of  Boston  asks 
about  $52,000  per  year  for  the  next  five  years.     Under 


Governor's  Address.  665 

the  statute  the  Commonwealth  can  by  the  exercise  of  the 
rio^ht  of  eminent  domain  take  the  right  to  use  the  trunk 
sewer,  and  leave  the  question  of  rental  to  be  determined 
by  the  courts  or  otherwise.  The  same  question  will  arise 
when  it  becomes  necessary  to  use  the  Neponset  valley 
sewer,  which  is  soon  to  be  constructed.  It  would  be 
well  to  consider  Avhether  it  would  not  be  economy  and 
good  policy  for  the  Commonwealth  to  take  the  main 
trunk  sewer  of  the  Boston  improved  system,  from  the 
point  in  Huntington  avenue  where  the  metropolitan 
sewer  connects  with  it  to  the  pumping  station,  and  take 
the  pumping  station  and  outftill  sewer  now  belonging  to 
the  city  of  Boston  as  a  part  of  the  metropolitan  system, 
and  have  the  same  thereafter  maintained  and  operated  by 
the  Commonwealth. 

There  may  be  some  (juestion  whether  chapter  439  of 
the  acts  of  1889  is  In-oad  enough  in  its  terms  to  confer 
upon  the  commission  the  authority  to  take  the  pumping 
station  and  outfall  sewer  ;  therefore,  if  it  should  seem  best 
to  pursue  this  course,  such  legislation  should  be  had  as 
would  give  the  power  and  provide  the  funds. 

METROPOLITAN    DISTRICT. 

The  question  of  a  metropolitan  district,  emliracing  the 
city  of  Boston  and  vicinity,  has  received  much  considera- 
tion, and  a  report  embodying  the  conclusions  reached  by 
the  commission  having  the  inquiry  in  charge  will  soon  be 
presented  for  your  examination. 

RAPID    TRANSIT    IN    BOSTON. 

In  conformity  with  the  recommendation  which  I  made 
a  year  ago  the  legislature  of  1895  passed  certain  amend- 
ments to  the  laws  relating  to  the  construction  of  subways 
in  the  city  of  Boston.  Among  other  things  the  powers 
of  the  commission  in  building  the  subway  under  the 
Bovlston  street  and  Tremont  street  malls  were  enlaro^ed 
and  more  fully  defined. 

As  a  result  of  this  legislation  alterations  in  the  plans 
were  made,  furnishing  improved  and  more  ample  accom- 
modations for  the  public.  The  work  of  construction  is 
already  well  advanced,  and  I  am  glad  to  be  able  to  state 
that  there  is  good  reason  to  hope  that  before  the  end  of 


666  Goveri^or's  Address. 

the  year  the  subway  will  be  ready  for  operation  from  the 
entrance  in  the  Public  Garden  to  Park  street,  and  that 
the  present  most  burdensome  congestion  on  Tremont  and 
Boylston  streets  will  be  materially  relieved  by  the  trans- 
ferring from  the  surface  of  the  street  to  the  subway  of 
those  Boylston  street  cars  which  now  reverse  at  the 
Granary  burial  ground. 

Again  I  ask  the  legislature  to  give  consideration  to 
such  amendments,  if  any,  of  the  acts  relating  to  subways 
as  the  commission  may  recommend,  for  the  purpose  of 
facilitating  the  construction  or  increasing  the  utility  of 
this  novel  and  much-needed  public  improvement. 

I  am  confirmed  in  the  opinion  that  the  subway  when 
completed  will  add  greatly  to  the  convenience  of  the  pub- 
lic, and  will  be  found  to  be  in  every  way  a  profitable  and 
progressive  enterprise.  The  greatest  care  must  however 
be  taken  to  prevent  its  being  the  object  of  selfish  specula- 
tion, and  to  insure  that  conservative  management  of  it 
which  will  regard  the  public  interests  as  the  prime  pur- 
pose to  1)0  attained ;  and  I  am  confident  that  satisfactory 
arranoements  can  be  made  to  this  end. 


HIGHWAYS. 

In  June,  1894,  $300,000  were  appropriated,  and  in 
the  year  1895  $400,000  were  appropriated,  for  this  work, 
making  a  total  of  $700,000  appro})riated  by  the  legis- 
lature for  the  construction  of  state  highways. 

Two  hundred  and  twenty-two  petitions  have  been  re- 
ceived to  date,  representing  one  hundred  and  eighty-five 
towns  and  fourteen  cities,  the  })etitions  coming  from  the 
county  commissioners,  the  selectmen  of  towns,  and  the 
mayor  and  aldermen  of  cities. 

Owing  to  the  lateness  of  the  season  last  year  when 
appropriations  were  available  but  little  w^ork  was  com- 
pleted, so  that  substantially  all  the  y^^ork  has  been  done 
this  year.  Ninety  miles  of  state  highway  have  been  laid 
out  in  seventy  different  cities  and  towns,  one  fifth  of  the 
entire  number  of  municipalities  in  the  state.  Sixty-two 
miles  of  state  road  have  been  completed  and  twenty- 
eight  miles  are  in  process  of  construction. 

The  amount  expended  for  construction,  up  to  and  in- 
cluding November  16,  is  $582,945.04.  The  bills  for 
work   done   since  that  date   will   not  l)e  rendered  until 


Governor's  Address.  667 

December  14,  but  it  is  fair  to  say  that  the  amount  ex- 
pended for  construction  will  be  between  $600,000  and 
$625,000. 

Ninety-five  contracts  for  the  construction  of  roads  have 
been   executed. 

No  appropriation  was  made  by  the  legislature  in  ac- 
cordance with  my  recommendation  for  the  purchase  of 
road  machinery,  but  I  may  state  that  there  has  been  a 
large  addition  to  the  road  machinery  of  the  Common- 
wealth. The  report  of  1893  showed  that  there  were  in 
Massachusetts,  including  the  city  of  Boston,  twenty-nine 
steam  rollers,  but  since  then  there  has  been  an  addition 
of  forty-seven,  and  the  same  is  true,  proportionally,  of 
other  road  machinery,  so  that  the  cities  and  towns  are 
now  better  prepared  to  enter  into  the  work  another  year 
than  they  have  been  in  the  past. 

All  contracts,  with  the  exception  of  five,  have  been 
made  with  the  different  munici})alities.  In  five  instances, 
where  the  municipalities  have  declined  to  contract,  con- 
tracts have  been  made  by  competition. 

The  sections  laid  out  are,  according  to  law,  fairly 
distributed  among  the  different  counties  of  the  state. 

STREET    RAILWAYS. 

With  the  rapid  growth  of  street  railways  arises  the 
question  of  the  best  and  most  reasonable  method  of 
protecting  the  public  interest  wherever  public  authority 
is  invoked  to  confer  powers  and  privileges.  Intelligent 
and  conservative  opinion  will,  I  think,  be  found  to 
strongly  favor  giving  authority  to  towns  and  cities  to 
grant  charters  to  street  railway  companies  and  kindred 
organizations,  upon  such  terms  and  conditions  as  shall 
secure  the  full  and  just  rights  of  the  public,  while  not 
unduly  limiting  or  curtailing  the  opportunities  of  in- 
vestors. Contracts  between  a  munici})ality  and  a  street 
railway,  based  upon  principles  of  justice  and  fairness, 
would  give  security  to  both  the  public  and  the  railway 
company. 

PUBLIC    SCHOOLS. 

A  simple  presentation  of  statistics  will  serve  to  show 
the  present  condition  of  our  public  schools.  A  comparison 
of  the  year  1895  with  the  year  1885,  embracing  a  period  of 
ten  years,  may  perhaps  throw  some  light  upon  the  subject. 


668  Governor's  Address. 

In  1885  the  number  of  pupils  of  all  ages  enrolled  in 
the  public  schools  was  339,714;  in  1895,  412,953. 
Again,  the  average  extent  of  tuition  in  1885  was  nine 
months;  in  1895,  nine  months  and  six  days.  In  1885 
the  amount  expended  on  behalf  of  each  pupil  was  $16.38  ; 
in  1895,  $19.98  ;  and  the  increased  expenditure  is  amply 
justified  by  the  increased  educational  benefits  to  the 
pupils. 

The  whole  number  of  pwpils  in  other  schools  of  similar 
grade,  viz.,  academies,  parochial  and  private  schools,  is 
64,688.  So  that,  in  spite  of  the  natural  increase  of  the 
number  of  pupils  of  all  ages,  with  the  increase  of  popu- 
lation and  the  growth  of  every  kind  of  private  school, 
nearly  eighty-seven  per  cent,  of  the  children  of  school 
age  are  to  be  found  in  the  puldic  schools  to-day.  It 
seems  clear  therefore  that  the  public  schools  have  gained 
in  public  favor. 

As  to  normal  schools  the  buildings  of  the  new  nor- 
mal schools  at  Barnstable,  Fitchburg,  Lowell  and  North 
Adams  have  all  been  contracted  for  within  the  limits  of 
the  appropriations  and  are  now  well  under  way.  It  still 
remains  to  provide  for  their  furnishings.  The  normal 
school  at  Fitchlnirg  was  organized  in  September  last, 
with  forty-three  pupils. 

The  board  of  education  has  directed  that  in  1896  and 
thereafter  candidates  for  admission  to  the  normal  schools 
must  be  graduates  of  high  schools,  or  must  have  received 
an  equivalent  education,  and  that  their  examinations  shall 
be  in  high  school  as  well  as  in  grammar  school  subjects. 
Inasmuch  as  free  high  school  tuition  has  been  made  the 
legal  right  of  every  properly  qualified  child  in  the  state, 
and  is  attaina])le  at  home  by  the  great  majority  of  pupils, 
the  new  standards  of  admission  seem  to  be  within  general 
reach  and  are  likely  to  improve  the  qualifications  of 
teachers. 

The  policy  of  the  state  in  providing  means  for  the  pro- 
fessional training  of  its  teachers  has  received  not  only 
the  sanction  that  comes  from  half  a  century  of  successful 
trial  but  also  the  implied  approval  of  that  general  normal 
school  movement  of  the  country  that  had  its  beginning  in 
Massachusetts.  The  state's  generous  provision  for  such 
training  points  to  the  wisdom  of  making  a  l)eginning,  at 
least,  in  some  policy  of  demanding  that  hereafter  only 
trained  teachers  shall  be  employed  in  its  pul)lic  schools. 


Governor's  Address.  669 

Next  to  good  teaching  in  promoting  the  welfare  of  the 
schools  comes  skilled  supervision.  Although  the  employ- 
ment of  superintendents  of  schools  by  school  boards  has 
been  voluntary  the  practice  has  grown  during  the  past 
fifty  years,  until  now  it  embraces  ninety-three  per  cent, 
of  the  entire  school  population.  It  may  well  engage 
attention  whether  a  plan  so  fully  tried  and  so  amply 
justified  may  not  ])e  extended  to  the  entire  state  and 
fixed  as  a  permanent  policy. 

The  forthcoming  report  of  the  board  of  education  will 
show  an  increase  over  last  year  in  the  average  memljcr- 
ship  of  the  public  schools,  of  about  thirteen  thousand 
children,  and  an  increase  in  the  average  attendance  of 
about  fifteen  thousand.  This  gain  of  attendance  upon 
meml^ership  is  a  significant  one.  Increasing  constancy 
of  attendance  means  growth  in  the  oversight  of  parents, 
in  the  attractiveness  of  the  schools,  in  the  interest  of  the 
pupils,  and  in  the  worth  of  the  results.  Nevertheless, 
the  weakness,  neglect  or  connivance  of  parents,  the  press- 
ure for  that  gain  which  comes  from  children's  labor,  the 
unwillingness  of  some  of  our  towns  to  impose  upon  them- 
selves the  money  burden  of  enforcing  the  attendance  laws, 
still  work  to  deprive  many  children  of  their  schooling. 
In  accordance  Avith  a  legislative  order  an  investigation 
has  been  made  into  the  truancy  conditions  of  the  state, 
and  it  is  expected,  as  a  result,  that  ways  will  be  pointed 
out  for  a  still  more  efi'ective  enforcement  of  the  attendance 
laws.  The  enforcement  of  such  laws  is  more  helpful  to 
the  child,  more  conducive  to  the  public  welfare,  and  more 
creditable  to  the  state,  than  the  subsequent  enforcement 
of  harsher  laws  against  such  children  as  are  negligently 
permitted  to  drift  into  the  ranks  of  criminals.  Every 
child  saved  to  honorable  citizenship  from  the  ranks  of 
those  whose  trend,  through  association  or  misfortune,  is 
downward,  is  an  economic  gain  to  the  state,  to  say  noth- 
ing of  the  enhanced  worth  of  the  child  to  himself. 


NAUTICAL    TRAINING    SCHOOL. 

The  nautical  training  school  has  attained  a  high  degree 
of  efiiciency.  The  numl^er  of  cadets  is  on  the  average 
upwards  of  a  hundred.  A  class  of  twenty  was  graduated 
last  year,  and  the  cadets  are  in  great  demand  for  the 
merchant  marine.     Improvements  have  been  made  in  the 


670  Governor's  Address. 

course  of  study,  and  the  commissioners  are  entitled  to 
great  credit  for  their  zealous,  intelligent  and  economical 
administration.  A  saving  of  nearly  $5,000  has  been  ef- 
fected this  year. 

STATE    INSTITUTIONS. 

I  may  say  generally  that  the  charitable,  penal  and  re- 
formatory institutions  of  the  Commonwealth  are  in  excel- 
lent condition.  The  additions  to  the  buildings  at  the  state 
prison  contribute  materially  to  efficient  and  economical 
administration.  The  industries  of  the  prison  also  are  on 
a  better  footing  than  ever.  The  union  of  the  functions 
of  superintendent  of  prison  industries  and  of  clerk  of  the 
prison  commission  appears  to  be  practicable  and  bene- 
ficial. 

Our  hospitals  for  the  insane  are  equal  in  point  of 
equipment  and  administration  to  any  in  the  country. 
The  institution  at  Westborough,  with  improved  sanitary 
arrangements,  is  doing  excellent  work,  with  excellent 
results.  The  institution  for  the  treatment  of  dipsomani- 
acs at  Foxborough  has,  I  believe,  passed  through  the 
experimental  stage  and  promises  to  be  a  success.  The 
misunderstanding  of  its  character  and  purpose  by  many 
who  were  sent  there,  and  by  their  friends,  has  been 
removed;  it  is  a  penal  institution,  with  the  hospital  feat- 
ures combined,  and  has  a  distinct  and  valuable  function 
among  our  reformatory  institutions.  The  crowded  con- 
dition of  some  of  the  hospitals  should  be  relieved,  and 
the  opening  of  the  Medfield  asylum  will  operate  to  bring 
about  this  result. 

The  trustees  of  the  Lyman  school  found  it  absolutely 
necessary  to  purchase  a  farm  and  buildings  for  the  use  of 
the  school,  and,  as  no  appropriation  was  available,  made 
a  temporary  arrangement  for  the  purchase  money  by 
borrowing  from  the  principal  of  the  Lyman  ftind.  The 
amount  thus  borrowed  should  be  reimbursed,  and  the 
principal  kept  unimpaired. 

While  I  believe  our  institutions  for  the  treatment  of 
the  insane  have  reached  a  high  degree  of  efficiency,  are 
we  to  conclude  that  they  are  now  at  a  standstill,  that 
further  advance  is  impossible,  that  the  ultimate  result  in 
the  way  of  remedial  treatment  has  been  attained  ?  Econ- 
omy ;  kind,  firm  and  patient  dealing  with  the  inmates ; 
neatness,  cleanliness  and  intelligent  care  in  administration  ; 


Governor's  Address.  671 

sanitary  and  esthetic  conditions  and  surroundings, — all 
these  have  been  secured.  Can  there  be  any  forward  step 
made  in  scientific  methods  of  observation,  classification, 
and  the  deduction  of  conclusions,  rules  and  principles, 
which  may  be  of  the  greatest  importance  and  benefit  in 
the  direction  of  improved  methods  of  treatment  and  con- 
sequently in  the  chances  of  promoting  recovery?  Even 
the  fixing  of  a  uniform  standard  in  our  several  institutions 
in  the  particulars  mentioned  could  not  fail  to  be  })roduc- 
tive  of  material  advantage.  The  employment  in  one  or 
more  of  our  hospitals  of  a  pathologist  who  devotes  his 
whole  time  to  the  study  of  these  and  kindred  subjects  has 
already  been  found  to  be  very  satisfactory ;  and  the  same 
kind  of  work  may  in  the  future  be  found  beneficial  to  our 
other  institutions  for  the  insane. 

A  good  deal  of  discussion  has  arisen  lately  as  to  the 
functions  of  the  board  of  lunacy  and  charity,  both  as  to 
the  care  and  control  of  the  minor  wards  of  the  Common- 
wealth and  as  to  the  supervision  of  the  hospitals  for  the 
insane.  It  must  however  be  acknowledged  that  the  work 
of  this  lioard  has  been  performed  with  diligence,  fidelity 
and  judgment ;  and  before  any  change  is  made,  as  by  the 
creation  of  other  boards,  such  as  have  been  suggested, 
—  children's  bureau,  commission  of  lunacy,  etc., — good 
cause  should  be  shown  therefor. 


TUBERCULOSIS    IN    CATTLE. 

The  eradication  or  limitation  of  tuberculosis  in  cattle 
has  been  carried  on  with  vigor  during  the  last  year. 
There  have  been  examined  upon  request  235  herds,  com- 
prising 2,325  animals,  of  which  26.5  per  cent,  were  dis- 
eased, and  there  are  now  many  herds  waiting  to  be 
examined,  but  which  cannot  he  for  lack  of  funds.  The 
owners  of  cattle  killed  have  received  about  $35  per  head. 
There  seem.s  to  be  less  opposition  to  the  work  of  the  com- 
mission and  an  increase  of  confidence  in  the  methods 
adopted. 

It  is  true  that  the  whole  subject  is  one  of  difficulty,  and 
there  is  need  of  patience  and  judgment  on  all  sides  in 
order  to  obtain  the  best  results.  I  trust  the  report 
of  the  commission  will  receive  your  most  earnest  con- 
sideration. 


672  Governor's  Address. 


GYPSY    MOTH. 

The  eflbrts  for  the  extirpation  of  the  gypsy  moth  pre- 
sent another  subject  of  great  difficulty.  The  situation  is 
not  as  encouraging  as  it  might  be.  Appeals  have  been 
made  to  the  general  government  for  assistance  in  the 
work  but  none  has  as  yet  been  granted  although  favorable 
intimations  have  been  given.  The  ravages  of  this  insect 
have  undoul)tedly  been  restricted  and  minimized,  but  no 
precautions  have  been  sufficient  to  prevent  its  doing  con- 
siderable injury.  The  area  of  its  depredations  has  not 
been  extended,  which  is  the  main  feature  of  encourage- 
ment. Upon  the  whole  the  weight  of  scientific  testimony 
and  the  best  practical  judgment  seem  to  favor  the  con- 
tinuance of  our  labors  in  the  direction  already  taken. 
To  what  extent,  in  what  manner,  and  at  what  cost  this 
perplexing  task  is  to  be  prosecuted  must  be  determined 
by  your  wisdom,  care  and  experience.  The  difficulty  is 
too  great  to  be  met  in  any  narroAV  or  impatient  spirit,  or 
by  half-way  measures. 

TEMPERANCE. 

I  am  pleased  to  note  at  this  time  a  continuation  and 
advance  in  the  cause  of  temperance  corresponding  to  that 
of  the  previous  year.  At  the  last  state  election  64  towns 
voted  for  license  and  257  towns  voted  against  license. 
We  have  here  a  loss  of  9  towns,  as  against  the  previous 
year.  In  the  case  of  cities  however  a  distinct  gain  is 
found,  —  17  cities  voted  yes  and  15  cities  voted  against 
license.  In  the  year  1894,  19  cities  voted  for  license  and 
11  cities  voted  against. 

Upon  the  whole  the  forces  of  temperance,  law  and 
good  order  are  making  a  steady,  gradual,  irresistible  for- 
ward movement,  supported  by  public  sentiment  and  sus- 
tained by  the  practical  and  successful  operation  of  law. 
Moral  and  didactic  declarations  on  the  statute  book  may 
have  some  effect  on  public  opinion  and  conduct,  but  pub- 
lic opinion  backed  by  practical  administration  forms  the 
best  and  safest  foundation  of  law. 

THE    MILITIA. 

The  militia  of  the  Commonwealth  is  in  good  condition. 
There  is  a  spirit  of  enthusiasm  and  emulation  among  offi- 
cers and  men  which  is  only  satisfied  with  the  best  results 


Governor's  Address.  673 

attainable.  It  is  necessary  however  in  order  to  promote 
the  efficiency  of  the  force  that  the  quality  of  arms  and 
equipments  shall  be  kept  up  to  the  highest  standard,  and 
much  attention  has  been  given  to  this  matter. 

It  is  intended  to  keep  the  troops  armed  with  service- 
able rifles  and  that  the  best  camp  equipage  shall  be  fur- 
nished. 

The  acquisition  of  the  frigate  ' '  Minnesota  "  as  a  prac- 
tice ship  will  ])e  of  the  greatest  beneiit  to  the  naval 
brigade. 

Altogether  the  militia  in  every  branch  of  the  service  is 
in  a  very  satisfactory  condition,  and  I  am  glad  to  say  that 
economy  has  accompanied  the  very  efficient  management 
of  this  branch  of  public  work. 

ANTIETAM    COMMISSION. 

The  report  of  the  Antietam  commission  will  require 
your  attention.  Their  work  is  not  yet  finished,  owing  to 
the  fact  that  the  ground  for  the  proposed  tablets  has  not 
yet  been  furnished  by  the  United  States.  A  new  resolve 
will  be  necessary  in  order  to  renew  the  former  appropri- 
ation, which  has  not  yet  been  expended. 

DISTRICT   POLICE. 

The  district  police  now  numbers  forty-three  members. 
Of  these  thirteen  are  designated  as  detective  officers. 
Four  are  boiler  inspectors,  whose  duties  are  the  inspec- 
tion of  uninsured  boilers  and  the  examination  of  engi- 
neers for  licenses  as  such.  Two  are  assigned  to  the  work 
of  inspecting  tenement  houses,  under  the  law  relating  to 
the  manufacture  of  clothing  in  unhealthy  places.  There 
are  two  female  inspectors  who  are  assigned  to  a  special 
duty  of  enforcing  the  laws  relating  to  the  employment  of 
women  and  children.  The  remainder  constitutes  two 
classes  of  the  inspection  department,  the  first  class  being 
engaged  in  enforcing  the  laws  relating  to  the  construc- 
tion of  buildings,  ventilation  and  sanitary  provisions,  and 
the  examination  of  alleged  dangerous  buildings ;  and  the 
second  class  have  as  their  work  the  enforcement  of  the 
statutes  relating  to  the  guarding  of  dangerous  machinery, 
the  inspection  of  elevators,  regulating  the  hours  of  labor 
and  the  employment  of  children,  sanitary  provisions  in 
factories  and  workshops. 


674  Governor's  Address. 


POLICE. 

The  board  of  police  in  Boston  gives  a  large  measure 
of  security  and  order  to  the  city.  If  the  always  vexa- 
tious question  of  liquor  licenses  could  be  placed  upon 
some  impersonal  and  non-partisan  basis  a  great  advance 
might  be  made,  consistent  with  and  supported  by  public 
opinion.  If  every  applicant  could  be  graded  or  rated  in 
such  a  way  as  to  give  weight  to  character,  to  previous 
history  or  record,  to  location  and  similar  features,  the 
struggle  for  licenses  might  be  relieved  from  some  of  its 
more  objectionable  features.  In  fact,  though  a  suggestion 
of  civil  service  rules  in  such  cases  might  seem  ironical, 
some  system  which  would  eliminate  political  and  perni- 
cious influences  is  to  be  desired. 


SAVINGS   BANKS. 

During  the  year  ending  October  31,  1895,  the  187 
banks  received  1,214,171  deposits,  amounting  to  $80,- 
768,468.89,  and  there  were  placed  to  the  credit  of 
depositors  $16,025,893.44  in  dividends;  during  the 
same  period  962,205  withdrawals  were  made,  the  amount 
withdrawn  being  $74,309,785.76,  leaving  the  aggregate 
amount  at  the  credit  of  depositors  on  that  date  $439,- 
269,861.15,  represented  by  1,302,479  accounts,  an  aver- 
age of  $337.25  to  each  account.  The  total  assets  of  the 
banks  amount  to  $466,426,722.72. 

As  compared  with  the  previous  year  these  figures  show 
an  increase  of  169,522  in  number  and  $5,821,898.88  in 
amount  of  deposits  made  ;  a  decrease  of  6,372  in  num- 
ber and  an  increase  of  $185,088.43  in  amount  of  with- 
drawals ;  an  increase  of  $254,929.55  in  dividends;  an 
increase  of  $22,491,843.62  in  aggregate  deposits  ;  an  in- 
crease of  $24,035,457.91  in  total  assets,  and  an  increase 
of  $3.05  in  the  average  to  each  account. 

With  the  exception  of  the  year  ending  October  31, 
1892,  the  increase  in  aggregate  deposits  is  larger  than 
in  any  one  year  since  1871. 

The  average  sum  deposited  was  $66.52,  as  against 
$71.74  the  previous  year. 

The  average  of  the  withdrawals  was  $77.23,  as  against 

1.53  the  previous  year. 


Governor's  Address.  675 

In  addition  to  the  large  increase  in  the  deposits  of  the 
savings  banks  the  returns  of  the  119  co-operative  banks 
show  an  increase  of  "dues  capital"  paid  in  of  about 
$1,550,000,    and   an    increase  of  nearly  $1,940,000    in 

assets. 

TRUST    COMPANIES. 

I  ask  you  to  consider  whether  restrictive  legislation  is 
not  needed  relative  to  trust  companies.  There  are  now 
thirty-one  doing  business  or  incorporated  within  this 
Commonwealth.  Eleven  of  them  have  established  a  trust 
department,  the  others  merely  receive  deposits,  discount 
and  collect  notes,  and  in  fact  transact  such  business  as  is 
ordinarily  done  by  national  banks,  and,  although  called 
trust  companies,  they  are  in  fact  state  banks,  and  ought 
not  to  enjoy  the  privileges  of,  or  be  entitled  to  call  them- 
selves, trust  companies.  They  are  authorized  to  receive 
funds  on  decrees  of  courts  without  furnishing  sureties 
therefor.  The  savings  bank  commissioners  recommend 
either  that  a  larger  capital  be  required  or  that  their  ap- 
proval be  necessary  before  trust  companies  are  incorpo- 
rated. H 

CORPORATIONS    AND    OTHER    SUBJECTS.  "' 

I  also  ask  you  to  consider  whether  it  would  not  be  for 
the  public  interest  to  secure  some  legislation  which  shall 
require  the  terms  of  consolidation  of  gas  or  electric  light 
companies  to  be  approved  by  the  board  of  gas  and  electric 
light  commissioners,  suljstantially  in  harmony  with  chap- 
ter 506  of  the  acts  of  1894,  applicable  to  railroad  com- 
panies. 

Section  4  of  chapter  346  of  the  acts  of  1886  forbids  a 
gas  company  to  transfer  its  franchise,  lease  its  works,  or 
contract  with  any  other  person  for  carrying  them  on,  and 
there  seems  to  be  no  general  law  authorizing  the  consoli- 
dation of  any  of  these  companies ;  but  if  this  power 
exists,  or  should  be  granted,  it  should  be  exercised  sub- 
(  ject  to  the  restrictions  of  said  section  4. 

Chapter  506  however  seems  to  apply  to  special  railway 
consolidation  acts,  similar  to  those  which  may  be  passed 
applying  to  gas  or  electric  companies. 

A  strict  supervision  of  the  operations  of  corporations, 
both  public  and  quasi-public,  would  seem  to  be  demanded 


676  Governor's  Address. 

for  the  protection  of  the  public,  whether  as  to  increase 
of  capital,  extension  of  functions,  leases,  or  consoli- 
dations. And  the  granting  of  special  charters  should  be 
regulated  and  carefully  guarded.  The  granting  of  char- 
ters to  be  used  only  as  menaces  to  legitimate  enterprises, 
or  to  be  sold  for  speculative  purposes,  must  ultimately 
work  injury  to  the  public. 

The  recent  legislation  directed  against  stock  watering 
has  proved  effective  and  beneficial.  It  would  be  well 
further  to  require  all  corporations  chartered  elsewhere 
than  in  the  Commonwealth  to  come  under  all  the  con- 
ditions and  restrictions  applicable  to  domestic  corpora- 
tions, especially  in  regard  to  the  paying  in  of  capital. 

So  much  complaint  is  made  of  the  harsh  and  question- 
able methods  of  so-called  mutual  benefit  insurance  so- 
cieties or  companies  that  it  is  incumbent  upon  you  to 
consider  the  expediency  of  exercising  more  ample  state 
supervision  over  them. 

Let  me  call  your  attention  to  what  seems  to  me  a 
growing  evil.  Last  year  more  than  $50,000  was  expended 
by  the  various  commissions  and  boards  for  counsel  fees 
and  legal  expenses.  This  amount  will  increase  rather 
than  diminish  if  the  present  system  continues.  I  recom- 
mend your  consideration  of  the  foUoM'ing  suggestions. 
Reorganize  and  enlarge  the  law  department  of  the  Com- 
monwealth. Let  the  attorney-general  have  compensation 
sufiicient  to  command  his  whole  time ;  furnish  the  de- 
partment with  all  the  assistants  or  deputies  necessary  to 
perform  substantially  all  the  law  business  of  the  Com- 
monwealth in  the  way  of  advising  the  several  adminis- 
trative departments,  or  furnishing  other  legal  assistance. 
In  this  way  more  unity  of  system  and  of  legal  and  con- 
sistent policy  will  be  olitained  than  by  connnitting  this 
responsible  labor  to  a  dozen  or  a  score  of  attorneys,  acting 
without  reference  to  any  general  plan  or  purpose. 


THE    CIVIL    SERVICE. 

Appointment  to  the  classified  civil  service  of  the  Com- 
monwealth and  her  cities  has  been  for  more  than  ten  years 
regulated  by  civil  service  classification  and  rules,  and  the 
method  can  now  be  considered  an  established  part  of  our 
administrative  svstem. 


Governor's  Address.  677 

In  the  legislation  of  1884  Massachusetts  took  the  lead 
in  providing  that  the  civil  service  rules  and  system  should 
be  applied  to  the  selection  of  persons  to  be  employed  as 
laborers  in  the  public  service  of  our  cities.  Under  the 
authority  given  to  the  civil  service  commissioners  to  limit 
the  application  of  the  rules  they  restricted  the  new  system 
of  employing  laborers  to  the  city  of  Boston.  The  change 
thereby  effected  has  been  commended  by  her  mayors  since 
1884,  as  an  improvement  upon  the  former  method  of 
solicitation  and  employment,  as  a  relief  to  the  appoint- 
ing officers,  and  as  an  act  of  justice  to  applicants  for 
public  labor. 

The  benefit  and  popularity  of  these  labor  regulations 
have  led  to  their  application  to  some  of  the  other  cities. 
In  1889,  at  the  request  of  the  city  of  Cambridge,  the 
commissioners  applied  the  rules  and  system  to  her  labor 
service.  New  Bedford  followed  in  1891,  Newton  in  1894, 
the  town  of  Brookline  under  chapter  267  of  the  acts  of 
1894,  and  Everett  quite  recently.  XJitizens  of  other  cities 
have  requested  the  extension  to  their  municipalities. 

The  system  as  enforced  is  efficient,  simple  and  inex- 
pensive. It  requires  merely  in  each  city  a  local  registrar 
or  clerk,  under  the  supervision  of  the  civil  service  com- 
missioners. With  other  incidental  expenses  the  addi- 
tional cost  will  be  less  than  $300  for  each  city. 

I  am  informed  by  the  commissioners  that  this  system 
of  lal)or  employment  can  now  be  applied  to  all  the  cities 
of  the  Commonwealth  at  an  annual  expense  not  exceeding 
in  the  aggregate  $12,000,  in  addition  to  their  present 
general  appropriation,  and  they  will  request  this  addi- 
tional appropriation.  I  recommend  that  the  request  be 
granted. 

In  the  thirty-two  cities  of  the  Commonwealth  there 
are  probably  15,000  laborers  paid  by  city  treasuries,  and 
naturally  more  or  less  under  the  influence  of  officers  or 
persons  interested  in  city  elections.  Assuming  the  aver- 
age yearly  wage  of  each  to  l)e  at  least  $500,  we  have  an 
annual  municipal  expenditure  for  pulilic  labor  aggregat- 
ing $7,500,000.  At  the  expense  to  the  Commonwealth 
of  a  small  portion  of  one  per  cent,  of  this  sum  the  legis- 
lature can  by  the  proposed  ai)})ropriation  improve  the 
labor  service  of  our  cities,  place  all  the  cities  upon  an 
equality  in  the  application  of  the  civil  service  rules,  and, 


678  Governor's  Address. 

under  requirement  of  law,  make  the  employment  of  the 
public  laborer  depend,  not  upon  political  activity  or  in- 
j9.uence  but  solely  upon  merit  and  efficiency. 


CITIZENSHIP,   SUFFRAGE,  ETC. 

While  great  progress  has  been  made  it  must  be  re- 
memljered  that  education,  material  and  intellectual  de- 
velopment, the  heaping  up  of  riches,  the  Improvement  of 
our  institutions  of  correction  and  charity,  the  strengthen- 
ing of  police  and  militia,  the  purification  of  political 
methods,  the  exaltation  of  justice  and  its  administration, 
will  avail  us  nothing,  if  out  of  all  this  improvement  and 
development  we  do  not  secure  a  high  standard  of  citizen- 
ship, which  is  not  only  the  foundation  but  the  end  and 
aim  of  all  good  government. 

There  are  various  suggestions  as  to  the  mode  of  im- 
proving the  quality  of  citizenship,  among  them  the  fol- 
lowing :  — 

1.  Greater  care  should  be  exercised  in  the  adminis- 
tration of  naturalization  laws  so  far  as  our  state  courts 
are  concerned, 

2.  A  proliationary  period  of  residence  after  naturali- 
zation might  be  prescribed  by  constitutional  amendment. 
The  twenty-third  amendment  was  such  a  constitutional 
provision  ;  this  was  repealed  as  unnecessary  and  oppres- 
sive ;  but  existing  circumstances  may  seem  to  justify  at 
least  a  shorter  term  of  probation. 

3.  While  there  may  be  a  division  of  opinion  as  to 
disfranchising  for  felony,  as  is  done  in  some  states,  it 
seems  clear  that  persons  undergoing  sentence  in  penal 
institutions  should  not  be  permitted  to  vote. 


The  decisive  vote  on  woman  sufirage  at  the  recent  state 
election  would  seem  to  show  that  public  opinion  will  not 
for  some  time  be  prepared  to  accept  any  radical  change 
in  the  established  system  of  suffrage ;  on  the  contrary 
the  public  mind  appears  to  be  growing  more  and  more 
in  favor  of  biennial  elections,  and  there  is  no  good 
reason  why  the  question  should  not  be  submitted  to 
the  people. 


Governor's  Address.  679 


FINANCIAL    STATEMENT. 

The  actual  expenses  incurred  as  appears  by  the  charges 
on  the  books  for  warrants  issued,  and  warrants  that  will 
be  issued  and  paid  on  the  first  day  of  January,  1896, 
which  include  salaries  and  expenses  for  the  month  of 
December  and  by  law  become  a  part  of  the  expenses  of  1895, 
a  portion  of  which  is  of  course  a  matter  of  estimate,  will 
amount  to  $5,992,338.59.  Add  to  this  the  interest  on  the 
public  debt,  about  $1,250,000.  To  this  must  be  added  the 
unexpended  appropriations  which  are  likely  to  be  called  for 
during  the  year  1896,  for  public  buiklings  and  other  pur- 
poses of  that  kind  which  are  authorized  by  the  legislature, 
and  so  a  part  of  the  expenses  of  1895,  and  for  which  the 
state  tax  was  raised,  amounting  to  about  $1,050,000,  thus 
giving  a  total  of  expenses  of  all  kinds  for  1895  of  $8,292,- 
338.59.  These  figures  of  course  include  both  what  are 
called  ordinary  and  extraordinary  expenses.  The  ordi- 
nary running  expenses  of  the  Commonwealth,  strictly 
speaking  for  quite  a  number  of  years,  were  about  seven 
millions  of  dollars  annually. 

The  receipts  into  the  treasury  for  all  purposes  up  to 
the  present  time,  so  far  as  appears  by  the  l)ooks,  amount 
to  $5,042,016.54,  to  which  add  the  state  tax,  $1,500,000, 
making  a  total  of  $6,542,016.54.  Now  to  this  revenue, 
in  order  to  comply  with  the  laws  of  the  Commonwealth, 
it  is  necessary  to  add  the  cash  on  hand  January  1,  1896, 
as  the  law  requires  the  auditor  in  reporting  the  revenue 
to  add  to  it  the  cash  on  hand.  I  assume  that  the  amount 
of  cash  on  hand  the  1st  of  January  will  be  $1,250,000; 
that,  added  to  the  receipts  as  al)ove-stated,  will  give 
a  total  of  $7,792,016.54,  leaving,  as  appears  by  these 
figures,  $500,322.05  to  be  provided  for  by  taxation. 
But,  taking  into  account  the  cash  required  to  carry  on  the 
government,  with  other  expenses,  it  is  deemed  necessary 
to  have  from  a  million  to  a  million  and  a  quarter  of  cash 
on  hand  at  the  commencement  of  the  year ;  and  it  will 
therefore  be  necessary,  as  will  be  seen  by  these  figures, 
to  have  a  tax  of  at  least  one  and  one  half  millions  the 
present  year.  Unless  the  legislature  makes  some  extraor- 
dinary grants  or  incurs  some  extraordinary  expenditures 
a  tax  as  above-stated  will  be  sufficient  to  meet  all  the 
demands  ao;ainst  the  Commonwealth,  in  addition  to  the 


680  Governor's  Address. 

revenue,  which  of  course  will  probably  be  considerably 
larger. 

I  submit  also  a  statement  as  to  the  sinking  funds  and 
the  state  del)t :  — 

Statement  of  the  Debt  of  the  Commonwealth. 

Total  funded  debt $29,675,229  40 

Less  armory  loan,  Fitchburg  Railroad  security  loan, 
metropolitan  sewerage  loans,  metropolitan  parks 
loans  and  metropolitan  water  loan,         .        .        .       16,090,000  00 


Total $13,585,229  40 

Amount  of  sinking  funds  for  the  redemption  of  the 
above,  exclusive  of  the  armory,  Fitehburg  Rail- 
road securities,  metropolitan  sewerage,  etc.,  .        .        7,444,001  42 


Net  debt, f  6,141,227  98 

The  deductions  are  made  on  account  of  the  armory  loan 
because  it  is  to  be  paid  from  a  sinking  fund  sustained  and 
increased  each  year  by  the  taxation  of  the  cities  and  towns 
in  which  armories  are  located. 

The  Metropolitan  Sewerage  Loan  will  be  paid  by  a 
sinking  fund  created  and  endowed  by  the  taxation  of  the 
several  cities  and  towns  benefited  by  the  sewer. 

The  Metropolitan  Parks  Loan  will  be  i^aid  by  a  sink- 
ing fund  created  and  endowed  l)y  the  taxation  of  what 
is  known  as  the  metropolitan  district,  and  the  Metro- 
politan Parks  Loan,  Series  2,  one  half  of  which,  that  is 
to  say,  $250,000,  will  be  paid  in  the  same  manner,  also 
the  Fitchburg  Railroad  securities  loan,  $5,000,000.  The 
principal  and  interest  will  be  paid  li}^  the  Fitchburg  Rail- 
road Company  bonds,  which,  with  the  Fitchburg  Railroad 
Company's  stock,  constitute  the  sinking  fund  established 
for  their  redemption. 

The  following  instalments  of  the  public  del)t  will  ]:)e- 
come  due  during  the  present  year,  to  wit :  Danvers  Lunatic 
Hospital  Loan,  $450,000,  due  Sept.  1,  1896;  Worcester 
Lunatic  Hospital  Loan,  $350,000,  due  Sept.  1,  1896. 
These  loans  will  be  paid  from  the  sinking  fund,  which  is 
ample  for  the  purpose. 

TAXATION. 

Our  laws  of  taxation,  which  have  for  many  years  been 
the  subject  of  constant  discussion,  should  have  careful 
consideration,  as  recommended  in  my  first  message.    The 


GovERNOii's  Addeess.  681 

sentiment  seems  to  be  prevalent  that  our  present  law  is 
complicated,  impracticable  and  inequitable.  If,  as  ex- 
perience seems  to  have  proved,  it  is  impossible  to  fairly 
and  efficiently  collect  our  taxes  under  the  present  law, 
and  if  the  method  of  assessing  under  the  law  is,  as  seems 
evident,  so  variable  in  different  communities  and  in  the 
same  community  at  different  times  as  to  cause  constant 
disturbance  and  an  almost  excusable  effort  on  the  part  of 
some  of  our  citizens  to  evade  payment  of  the  full  legal 
levy,  it  is  certainly  time  for  a  thorough  investigation  of 
the  subject,  with  the  definite  purpose  of  enacting  a  clear 
and  equitable  law,  which  can  he  enforced  in  a  fair  and 
just  manner.  I  desire  also  to  call  especial  attention  to  the 
fact  that  our  laws  seem  to  bear  oppressively  on  our  lousi- 
ness and  industrial  enterprises,  which  should  be  especially 
fostered  and  encouraged,  as  the  source  from  which  most 
of  our  citizens  derive  their  livelihood.  Massachusetts 
must  enter  into  competition  with  other  states ;  and  ex- 
perience has  shown  that  there  is  no  force  more  potent  in 
bringing  industrial  development,  with  all  its  attendant 
advantages  of  lalior  for  our  people,  lousiness  for  our  mer- 
chants, markets  for  our  farmers  and  traffic  for  our  rail- 
roads, than  wise  and  liberal  laws  of  taxation. 

MISCELLANEOUS. 

The  commissioner  of  public  records  is  charged  with  a 
very  important  duty  and  his  suggestions  as  to  changes  in 
the  laws  relating  to  the  preservation  of  our  public  rec- 
ords will,  I  think,  commend  themselves  to  your  judgment. 

The  boards  of  registration  in  medicine,  pharmacy  and 
dentistry  are  doing  diligent  and  effective  work,  and  their 
labors  tend  to  raise  the  standard  of  the  several  profes- 
sions included  in  their  supervision,  and  their  reports  and 
recommendations  are  worthy  of  careful  consideration. 

The  publication  of  the  province  laws  is  proceeding 
with  all  the  despatch  consistent  with  accuracy  and  judg- 
ment. 

The  work  of  the  military  and  naval  historian  has  loeen 
prosecuted  with  diligence  and  two  volumes  are  nearly 
completed.  In  order  to  make  a  complete  history  the 
work  should  contain  an  alphabetical  list  of  all  enlisted 
men,  and,  if  possible,  of  sailors,  their  records  being 
given  in  the  same  way  as  the  record  of  officers. 


682  Governor's  Address. 

Gentlemen  :  —  The  purity  and  character  of  a  legislat- 
ure rest  largely  with  the  legislature  itself,  and  ultimately 
—  or  rather  primarily  —  with  the  people.  All  laws  based 
upon  a  reckless  assumption  of  the  inherent  baseness  of 
legislatures  are  as  likely  to  aggravate  as  to  remedy  real 
evils,  which  are,  I  trust,  at  present,  small  rather  than 
great.  The  character  of  the  legislator  of  Massachusetts 
should  be  as  high  as  the  character  of  INIassachusetts  ;  it  is 
in  fact  the  character  of  Massachusetts.  Yet  every  safe- 
guard, every  precaution,  every  danger  signal,  must  be 
used  to  warn,  to  admonish,  to  deter  the  weakest  —  or  the 
meanest  —  mind  which  could  possibly  entertain  the 
thought  of  prostituting  the  high  public  trust  reposed  in 
a  legislator  to  selfish  or  sordid  ends.  Stringent  legisla- 
tion, calculated  to  emphasize  to  the  legislator  the  necessity 
of  being  above  suspicion,  and  to  warn  the  lobbyist  of  the 
peril  he  runs  in  even  approaching  the  legislator  wath  cor- 
rupt proposals,  will  serve  to  prevent  those  vague  rumors 
which  from  time  to  time  disturb  the  public  mind  without 
crystallizing  into  specific  cases.  Such  legislation  would 
prevent  rather  than  recognize  the  alleged  abuses  of  the 
lobby. 

The  growth  and  improvement  of  the  Commonwealth  as 
here  set  forth  are  not  limited  by  material  or  physical  lines. 
Charity  is  learning  to  be  business-like  without  being 
sordid ;  correction  is  ])ecoming  gentle  without  becoming 
weak ;  education  is  bountiful  in  her  gifts,  but  not  extrav- 
agant. We  must  not  however  tall  into  any  such  self- 
complacency  as  to  reject  or  discourage  improvement  and 
further  progress.  We  must  not  be  unwilling  to  learn 
from  others.  Only  by  maintaining  this  earnest,  open, 
emulous  spirit  can  we  hold  and  maintain  the  ' '  glorious 
gains  "  of  the  past  and  reach  out  to  the  future  for  equal 
or  greater  achievements. 

Gentlemen,  I  have  thus  rapidly  sketched  for  you  the 
present  condition  of  the  Commonwealth.  Massachusetts 
now  commits  her  affairs  to  you.  You  take  upon  your- 
selves a  great  trust.  May  you  be  inspired  in  the  perfor- 
mance of  your  duty  by  a  spirit  of  genuine  patriotic  love 
and  pride.  In  all  confidence  the  people  commit  to  your 
care  the  future  of  the  Commonwealth. 


Special  Messages.  683 


SPECIAL    MESSAGES 


THE    FOLLOWING     SPECIAL     COMMUNICATIONS    AVERE    MADE    BY    HIS 

EXCELLENCY    THE    GOVERNOR    TO    THE    LEGISLATURE 

DURING    THE    ANNUAL    SESSION. 

[To  the  senate  and  house  of  representatives,  January  6,  1896  ] 

I  have  the  honor  to  present,  in  compliance  with  chapter  Pardons. 
50  of  the  resolves  of  1860,  a  report  of  the  forty  pardons 
issued  by  the  governor  and  council  during  the  year  of  my 
administration  just  closed. 

Of  the  number  thus  released  six  were  in  the  state  prison, 
twenty-two  in  houses  of  correction,  six  in  the  Massa- 
chusetts reformatory,  four  in  the  reformatory  prison  for 
women  in  Sherborn,  and  two  in  the  house  of  industry  on 
Deer  Island.  Sickness  was  the  controlling  reason  for  the 
discharge  of  nine,  two  of  whom  have  since  died. 

FREDERIC  T.  GREENHALGE. 


No.    1.      HoYT    O.    Chapin.      Convicted    of    larceny, 

Superior  Court,  Franklin  county,  Nov.  27,  1893.  Sen- 
tenced to  the  house  of  correction  for  two  years.  Par- 
doned Jan.  24,  1895,  upon  the  recommendation  of  judge 
Bishop  who  imposed  the  sentence,  and  district  attorney 
Aiken  who  prosecuted  the  case,  on  the  ground  that  he 
had  been  sufficiently  punished  for  the  slight  offence  com- 
mitted. At  the  time  of  sentence  it  was  supposed  that  he 
was  addicted  to  crime ;  it  has  since  been  learned  that  he 
had  never  before  been  convicted  of  any  offence,  and  that 
the  corn  which  was  stolen  was  taken  under  a  supposed 
claim  of  a  right  to  do  so. 

No.  2.  James  McMahon.  Convicted  of  breakino- 
and  entering  and  larceny,  Superior  Court,  Middlesex 
county,  March  8,  1894.      Sentenced  to  the  house  of  cor- 


684  Special  Messages. 

Pardons.  rection  for  eighteen  months.     Pardoned  Feb.  7,  1895. 

The  prisoner  was  dangerously  ill  with  tuberculosis,  with 
no  hope  of  recovery.     He  died  March  12. 

No.  3.  Hugh  J.  Kelliher.  Convicted  of  assault, 
Superior  Court,  Middlesex  county,  Nov.  23,  1893. 
Sentenced  to  the  house  of  correction  for  two  "years. 
Pardoned  Feb.  21,  1895,  upon  the  recommendation  of 
the  judge  and  probation  officer  of  the  First  District  Court 
of  Eastern  Middlesex,  and  other  leading  citizens  of  Mal- 
■  den.  The  assault,  as  has  since  been  proved,  was  not  a 
serious  one.  The  committee  believed  that  he  had  been 
sufficiently  punished  for  the  slight  offence  committed, 
and  that  —  as  immediate  employment  awaited  him  —  his 
release  would  be  a  benefit  to  himself  and  family. 

No.  4.  William  Haley.  Convicted  of  breaking  and 
entering,  Superior  Court,  Middlesex  county,  June  10, 
1890.  Sentenced  to  the  house  of  correction  for  fifteen 
months.  Escaped  October  4,  1890,  recaptured  Jan.  17, 
1895.  Pardoned  Feb.  21,  1895,  upon  the  certificate  of 
the  prison  physician  that  the  prisoner  was  suffering  from 
phthisis  pulmonalis,  and  in  all  probability  could  live  but 
a  short  time. 

No.  5.  John  Connors.  Convicted  of  larceny.  Mu- 
nicipal Court,  Boston,  May  21,  1894.  Sentenced  to  the 
Massachusetts  reformatory  on  an  indeterminate  sentence. 
Pardoned  Feb.  21,  1895,  u}X)n  the  recommendation  of 
the  prison  commissioners.  Connors,  who  had  been  out 
of  employment  for  several  months,  stole  a  musical  instru- 
ment and  pawned  it  for  two  dollars,  which  he  took  to 
his  wife,  who  was  under  hospital  treatment,  to  pay  for 
her  medicine  and  food.  He  would  not  tell  his  wife  where 
he  got  the  money ;  she  thought  he  borrowed  it.  This 
was  his  first  offence.  His  wife,  who  was  in  feeble  health, 
was  without  any  means  of  support.  Benevolent  people, 
who  had  assisted  in  supporting  his  wife  and  child,  had 
secured  immediate  employment  for  him. 

No.  6.  Edward  Mills.  Convicted  of  larceny,  Su- 
perior Court,  Suffolk  county,  Aug.  13,  1894.  Sentenced 
to  the  house  of  correction  for  one  year.  Pardoned  March 
7,  1895,  upon  the  ground  of  humanity.     The  prisoner's 


Special  Messages.  685 

wife  and  two  children  had  been  supported  during  his  Pardons. 
imprisonment  liy  his  brother-in-law,  who  had  been  killed 
by  the  cars  a  few  days  previous  to  the  granting  of  the 
pardon,  leaving  both  families  entirely  destitute  of  the 
necessaries  of  life.  The  arrestinsj  officer  recommended 
a  pardon. 

No.  7.  Fred  H.  Hill.  Convicted  of  perjury,  Su- 
perior Court,  Plymouth  county,  Feb.  17,  1892.  Sen- 
tenced to  state  prison  for  five  years.  Pardoned  March 
14,  1895,  upon  the  recommendation  of  the  district  attor- 
ney who  prosecuted  the  case.  The  crime  was  committed 
during  the  trial  of  a  friend  of  the  petitioner's  for  main- 
taining a  liquor  nuisance.  The  petitioner  reaped  no  bene- 
fit, emolument  or  reward  from  the  perjury.  The  rights 
of  no  individual  were  in  any  way  impaired.  About  that 
time  the  crime  of  perjury  in  the  courts  of  Plymouth 
county  had  become  flagrant,  and  it  was  felt  that  some 
firm  stand  should  be  taken  in  order  to  stop  it.  It  was 
l)elieved  that  he  had  been  sufficiently  punished  for  his 
mistaken  zeal  in  endeavoring  to  aid  a  friend. 

No.  8.  Arthur  Ashworth.  Convicted  of  larceny, 
Police  Court,  Lowell,  Nov.  17,  1894.  Sentenced  to  the 
Massachusetts  reformatory  on  an  indeterminate  sentence. 
Pardoned  March  14,  1895,  upon  the  recommendation  of 
the  commissioners  of  prisons,  who  were  of  the  opinion 
that  this  case  might  properly  have  been  dealt  with  by 
probation.     His  age  was  fifteen  years. 

No.  9.  George  W.  Crapo.  Convicted  of  breaking 
and  entering  and  larceny,  Superior  Court,  Bristol  county, 
July  17,  1893.  Sentenced  to  the  house  of  correction  for 
three  years.  Pardoned  March  21,  1895.  Crapo  was 
very  ill  with  a  complication  of  diseases,  with  little  hope 
of  recovery.    He  died  about  six  months  after  his  release. 

No.  10.  John  Connolly.  Convicted  of  violating  the 
license  law,  Municipal  Court,  South  Boston,  Jan.  25, 
1895.  Sentenced  to  pay  a  fine  of  fifty  dollars.  Par- 
doned March  22,  1895.  The  prisoner  was  unable  to  pay 
the  fine,  and  in  default  of  payment  had  been  held  for 
nearly  two  months  in  the  house  of  industry.     His  family 


686  Special  Messages. 

Pardons.  ^^s    entirely    without   means    of  support.       Benevolent 

people  had  secured  employment  for  him  if  released. 

No.  11.  Charles  H.  Churchill.  Convicted  of  drunk- 
enness, Police  Court,  Marlborough,  Oct.  27,  1894.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  March  28,  1895,  upon  the 
recommendation  of  the  commissioners  of  prisons  and  the 
justice  who  imposed  the  sentence,  on  the  ground  that  he 
had  been  sufficiently  punished  and  will  hereafter  lead  a 
temperate  life. 

No.  12.  William  Hamilton.  Convicted  of  embezzle- 
ment, Superior  Court,  Suffolk  county,  March  30,  1892. 
Sentenced  to  the  state  prison  for  five  years.  Pardoned 
April  4,  1895.  Hamilton  became  involved  in  a  question- 
able transaction  in  connection  with  the  order  of  the  Fra- 
ternal Circle.  They  had  consulted  counsel  and  supposed 
they  had  a  legal  right  to  do  as  they  had  done  in  the  prem- 
ises. Restitution  was  made.  Three  years  of  the  sentence 
having  been  served  it  was  the  opinion  of  the  council  that 
the  ends  of  justice  had  been  answered.  Leading  citizens 
of  Somerville  urged  a  pardon.  His  previous  character 
had  been  of  the  best. 

No.  13.  James  E.  Murphy.  Convicted  of  the  larceny 
of  a  necktie  worth  fifty  cents.  Municipal  Court,  Boston, 
Oct.  23,  1894.  Sentenced  to  the  Massachusetts  reforma- 
tory on  an  indeterminate  sentence.  Pardoned  April  11, 
1895.  The  commissioners  of  prisons  recommended  the 
pardon  on  the  ground  of  excessive  sentence  and  the  need 
of  his  family  of  his  assistance. 

No.  14.  Harry  P.  Entwistle.  Convicted  of  assault 
with  intent  to  kill,  Superior  Court,  Middlesex  county, 
Feb.  13,  1892.  Sentenced  to  the  state  prison  for  fifteen 
years.  Pardoned  April  11,  1895,  for  the  following 
reasons :  first,  his  meritorious  and  heroic  conduct  in 
assisting  the  officers  in  suppressing  a  riot  at  the  state 
prison  at  the  risk  of  his  life ;  second,  his  uniform  good 
conduct  while  in  prison  ;  third,  public  safety  and  the  pro- 
motion of  good  order  and  discipline  in  all  the  prisons 
of  the  Commonwealth  will,  in  the  opinion  of  the  pardon 


Special  Messages.  687 

committee,  be  materially  promoted  hy  granting  the  par-  Pardons. 
don.     The  complainant,  who  was  not  seriously  injured, 
strenuously  urged  a  pardon. 

No.  15.  Benigno  Camuso.  Convicted  of  polygamy, 
Superior  Court,  Suffolk  county,  April  term,  1894.  Sen- 
tenced to  the  house  of  correction  for  two  years.  Par- 
doned April  12,  1895.  Camuso's  first  wife  had  left  him 
and  gone  off  with  another  man.  Knowing  no  English  and 
being  ignorant  of  our  laws  he  married  again,  supposing 
he  had  a  right  to  do  so.  His  first  wife  has  died  since  he 
was  sentenced ;  the  second  wife  with  her  two  children 
were  in  the  state  almshouse ;  friends  stood  ready  to  give 
him  employment ;  he  was  re-married  to  the  second  wife 
immediately  after  his  release. 

No.  16.  George  Elderkin.  Convicted  of  larceny, 
Superior  Court,  Essex  county,  Feb.  13,  1894.  Sentenced 
to  the  house  of  correction  for  three  and  one  half  years. 
Pardoned  April  18,  1895,  upon  the  certificate  of  the 
prison  physician  that  the  prisoner  was  suffering  from 
the  effects  of  la  grippe,  and  was  not  likely  to  recover. 

No.  17.  Henry  E.  White.  Convicted  of  breaking 
and  entering  and  larceny,  Superior  Court,  Middlesex 
county,  Nov.  6,  1893.  Sentenced  to  the  house  of  correc- 
tion for  three  years.  Pardoned  April  25,  1895.  White 
was  in  an  advanced  stage  of  tubercular  phthisis,  with  no 
hope  of  recovery. 

No.  18.  Joseph  Carr.  Convicted  of  larceny,  Superior 
Court,  Suffolk  county,  August  term,  1894.  Sentenced  to 
the  house  of  correction  for  eighteen  months.  Pardoned 
May  2,  1895,  upon  the  recommendation  of  the  complain- 
ant and  district  attorney.  This  was  the  prisoner's  first 
offence  ;  he  had  previously  borne  a  good  reputation.  He 
had  a  wife  and  six  small  children  depending  upon  him  for 
support.  It  was  the  opinion  of  the  pardon  committee 
that  the  granting  of  the  pardon  would  be  no  detriment  to 
justice. 

No.  19.  James  Hogan.  Convicted  of  larceny,  Third 
District  Court,  Bristol  county,  Nov.  21,  1894.    Sentenced 


688  Special  Messages. 

Pardons.  .j^q  |]-^g  }iouse  of  coiTection  for  eighteen  months.     Pardoned 

May  29,  1895.     He  was  dangerously  ill  with  an  organic 
disease  of  the  heart  and  liable  to  die  at  any  time. 

No.  20.  Daniel  J.  Cunningham.  Convicted  of  lar- 
ceny, Superior  Court,  Suffolk  count}^  Ma}^  19,  1894. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  June  5,  1895,  upon  the 
recommendation  of  the  commissioners  of  prisons.  The 
prisoner  was  in  the  first  stages  of  consumption,  with 
little  hope  of  recovery  if  he  remained  in  the  reformatory. 

No.  21.  Alexander  Bright,  Convicted  of  breaking 
and  entering,  Superior  Court,  Hampden  county,  May  9, 
1894.  Sentenced  to  the  house  of  correction  for  two 
years.  Pardoned  June  13,  1895,  upon  the  recommenda- 
tion of  the  district  attorney  and  sheriff  of  Hampden 
county,  upon  the  ground  that  the  crime  committed  was 
far  less  serious  than  was  represented  at  the  trial. 

No.  22.  Frank  H.  Scanlon.  Convicted  of  violating 
the  license  law,  Superior  Court,  Worcester  county.  May 
21,  1895.  Sentenced  to  pay  a  fine  of  sixty  dollars. 
Pardoned  July  3,  1895,  upon  the  recommendation  of  the 
district  attorney  and  the  prison  physician.  Scanlon  was 
in  consumption,  with  little  prospect  of  recovery. 

No.  23.  Albert  Joy.  Convicted  of  murder  in  the 
first  degree,  July  12,  1877,  and  sentenced  to  be  hanged 
Oct.  19,  1877.  Owing  to  there  being  grave  doubts  as  to 
his  guilt,  the  evidence  at  the  trial  being  circumstantial, 
the  governor  and  council  commuted  the  sentence  to  im- 
prisonment for  life,  Oct.  16,  1877.  After  remaining  in 
prison  eighteen  years  he  was  conditionally  pardoned 
July  5,  1895.  After  many  and  careful  hearings,  at 
which  evidence  was  introduced  which  was  not  presented 
at  the  trial,  the  pardon  committee  was  satisfied  that  the 
object  of  imprisonment  had  been  accomplished  and  that 
no  public  interest  would  suffer  by  his  release.  He  had 
always  protested  his  innocence  in  the  most  emphatic 
manner.  His  prison  conduct  had  been  excellent.  He 
had  a  good  home,  where  he  would  be  aided  to  lead  a 
useful  life. 


Special  Messages.  G89 

No.  24.  Edward  H.  Farrell.  Convicted  of  drunk-  i^^ious. 
enness  and  assault,  Superior  Court,  Norfolk  county, 
Sept.  13,  1893.  Sentenced  to  the  house  of  correction 
for  three  and  one  half  years.  Pardoned  July  24,  1895, 
upon  the  recommendation  of  the  district  attorney,  sherift" 
and  prison  physician.  Prisoner  was  seriously  ill  with 
acute  consumption,  with  little  hope  of  recovery  unless 
released. 

No.  25.  Herbert  H.  Grainger.  Convicted  of  as- 
sault and  battery,  First  District  Court,  Northern  Middle- 
sex, June  25,  1895.  Sentenced  to  the  Massachusetts 
reformatory  on  an  indeterminate  sentence.  Pardoned 
eTuly  25,  1895,  upon  the  recommendation  of  a  large  num- 
ber of  the  leading  citizens  of  Pepperell,  where  the  alleged 
crime  was  committed.  The  commissioners  of  prisons 
made  a  very  careful  investigation,  and  were  strongly  of 
the  opinion  that  the  sentence  Avas  unjust  and  that  the 
young  man  should  not  have  been  sent  to  the  reformatory. 

No.  26.  Ida  L.  Moore.  Convicted  of  vagrancy  and 
of  being  idle  and  disorderly,  Police  Court,  Lee,  July  17, 
1893.  Sentenced  to  the  reformatory  prison  for  w^omen 
during  minority.  Pardoned  July  31,  1895.  The  pris- 
oner had  a  home  to  go  to  in  Maine,  where  she  would  be 
under  good  influences  and  entirely  removed  from  her 
former  associates.  The  pardon  committee  were  of  the 
opinion  that  she  would  profit  by  the  punishment  already 
received,  and  that  it  had  been  sufficient. 

No.  27.  George  A.  HoDGNEY.  Convicted  of  larceny, 
Superior  Court,  Middlesex  county,  February  term,  1895. 
Sentenced  to  the  house  of  correction  for  fifteen  months. 
Pardoned  Sept.  4,  1895,  upon  the  recommendation  of  the 
})ersons  from  whom  the  property  was  stolen,  one  of  whom 
was  ready  to  give  him  steady  employment.  His  crime 
consisted  of  breaking  into  hen  houses  in  the  town  of 
Hopkinton.     His  previous  character  had  been  good. 

No.  28.  Charles  J.  Ball.  Convicted  of  assault, 
Superior  Court,  Worcester  county,  Jan.  24,  1894.  Sen- 
tenced to  the  house  of  correction  for  three  years.  Par- 
doned Sept.  4,  1895.  The  district  attorney  certified  that 
facts   had  come  to  his  knowledge,  not  appearing  at  the 


690  Special  Messages. 

Pardons.  trial,  wliich  had  modified  tlie  view  lie  had  takeu  of  the 

defendant's  guilt ;  that  he  had  reason  to  believe  that  it 
was  a  case  where  executive  clemency  might  properly  be 
exercised,  and  that  public  justice  would  not  be  prejudiced 
by  such  action.  This  was  the  prisoner's  first  oftence. 
Pardon  was  urged  by  the  selectmen  and  many  of  the  lead- 
ing citizens  of  Holden,  where  the  crime  was   committed. 

No.  29.  Michael  Connolly.  Convicted  of  violating 
the  license  law,  Municipal  Court,  South  Boston,  July  26, 
1895.  Sentenced  to  pay  a  fine  of  fifty  dollars,  for  non- 
payment of  which  he  was  committed  to  the  house  of 
industry.  Pardoned  Sept.  26,  1895,  upon  the  recom- 
mendation of  the  justice  who  imposed  the  sentence.  The 
prisoner,  who  was  too  poor  to  pay  his  fine,  had  been  in 
prison  for  two  months,  which  was  considered  an  adequate 
punishment  for  the  offence,  as  he  had  been  engaged  in 
the  illegal  traffic  not  more  than  two  or  three  weeks  when 
arrested.  His  family  was  in  destitute  circumstances 
owing  to  his  imprisonment. 

No.  30.  Margaret  A.  Foley.  Convicted  of  stub- 
bornness, Municipal  Court,  South  Boston,  May  24,  1895. 
Sentenced  to  the  reformatory  prison  for  women  for  one 
year.  Pardoned  Oct.  10,  1895,  upon  the  recommenda- 
tion of  the  commissioners  of  prisons.  During  her  im- 
prisonment she  had  been  quiet  and  well-behaved.  Since 
her  sentence  her  mother  has  died,  and  her  father,  who  is 
nearly  blind,  left  without  a  housekeeper.  The  pardon 
committee  was  of  the  opinion  that  she  would  profit  by  the 
punishment  she  had  received,  and  that  it  had  been  suf- 
ficient. 

No.  31.  Joseph  Gregoire.  Convictedof  lewd  and  las- 
civious cohabitation,  Superior  Court,  Worcester  county, 
Oct.  17,  1894.  Sentenced  to  two  years  in  the  house  of 
correction.  Pardoned  Oct.  17,  1895.  The  district  attor- 
ney, after  a  conference  with  Justice  Braley,  who  passed 
sentence  in  the  case,  was  led  to  the  conclusion  that  the 
exercise  of  executive  clemency  would  not  be  prejudicial  to 
the  administration  of  the  law.  The  prisoner  was  accord- 
ingly pardoned  upon  the  completion  of  just  half  his  sen- 
tence, and  returned  immediately  to  his  home  in  Belgium. 
His  associate  in  crime,  who  was  living  with  him  as  his  wife, 


Special  Messages.  691 

he  having  a  wife  in  Belgium,  was   allowed  to  go  without  ^^''''ons. 
punishment,  and  returned  to  her  friends  in  France. 

No.  32.  Charles  W.  Cavanaugh.  Convicted  of  lar- 
ceny, Superior  Court,  Suffolk  county,  March  12,  1894. 
Sentenced  to  two  years  in  the  house  of  correction.  Par- 
doned Oct.  17,  1895,  upon  the  recomendation  of  the  com- 
missioner of  institutions  of  the  city  of  Boston,  and  the 
district  attorney  of  Suffolk  county.  It  appeared  that  the 
crime  was  of  a  less  serious  nature  than  was  represented 
at  the  trial.  He  was  convicted  upon  the  evidence  of  a 
pawn-broker  since  found  to  have  been  an  untruthful  wit- 
ness. 

No.  33.  Charles  Cronin.  Convicted  of  larceny,  Su- 
perior Court,  Suffolk  county,  March  12,  1894.  Sentenced 
to  two  years  in  the  house  of  correction.  Pardoned  Oct. 
17,  1895,  for  the  same  reasons  as  No.  32. 

No.  34.  Bridget  Mahoney.  Convicted  of  drunken- 
ness. Municipal  Court,  Boston,  June  19,  1895.  Sen- 
tenced to  the  reformatory  prison  for  women  for  one  year. 
Pardoned  Oct.  31,  1895.  The  prisoner  was  a  married 
woman  but  nineteen  years  old.  She  had  a  child  twelve 
months  old  who  was  ill  and  needed  a  mother's  care  and 
attention.  The  father  was  not  able  to  provide  for  its 
wants  in  the  mother's  absence.  It  was  believed  that  the 
young  Avoman  would  profit  by  the  imprisonment  already 
served  and  would  hereafter  abstain  from  the  use  of  intoxi- 
cating drink. 

No.  35.  Willis  E.  Flint.  Convicted  of  larceny, 
Superior  Court,  Middlesex  county,  February  term,  1895. 
Sentenced  to  the  house  of  correction  for  fifteen  months. 
Pardoned  Nov.  11,  1895.  This  was  Flint's  first  offence  and 
was  not  of  a  serious  nature.  His  previous  reputation  had 
been  of  the  best.  The  pardon  committee  was  of  the 
opinion  that  justice  had  been  answered  by  the  punish- 
ment already  suffered. 

No.  36.  Max  Pearlstein.  Convicted  of  larceny, 
Superior  Court,  Suffolk  county,  Dec.  31,  1894.  Sen- 
tenced to  the  house  of  correction  for  two  and  one  half 
years.     Pardoned  Dec.  5,  1895.     The  pardon  committee 


692  '        Special  Messages. 

Pardons.  ^^s  of  the  opinioii  that  justice  had  been  satisfied  by  the 

punishment  already  suffered,  as  there  were  mitigating, 
circumstances  connected  with  the  case  which,  if  presented 
at  the  trial,  would  undoubtedly  have  materially  lessened 
the  sentence. 

No.  87.  Mary  Gibbons.  Convicted  of  being  idle 
and  disorderly.  Municipal  Court,  Boston,  Aug.  24,  1895. 
Sentenced  to  the  reformatory  prison  for  women  for  one 
year.  Pardoned  Dec.  12,  1895.  The  prisoner  was  the 
only  daughter  of  most  respectable  parents.  As  this  was 
her  first  oflence,  and  as  her  home  surroundings  were  good, 
she  was  thought  to  be  a  proper  subject  for  executive 
clemency. 

No.  38.  Timothy  J.  Hayes.  Convicted  of  breaking 
and  entering,  Superior  Court,  Norfolk  county,  Sept.  20, 
1895.  Sentenced  to  the  house  of  correction  for  two 
years.  Pardoned  Dec.  19,  1895.  The  pardon  commit- 
tee was  satisfied  that  the  prisoner  was  innocent  of  the 
crime  for  which  he  was  sentenced.  The  principal  witness 
upon  whose  testimony  he  was  convicted  has  since  been 
found  to  be  unreliable  and  untruthful.  The  district  at- 
torney and  a  portion  of  the  jury  believed  there  was  doubt 
as  to  his  guilt,  and  were  of  the  opinion  that  the  ends  of 
justice  would  be  met  if  he  were  released. 

No.  39.  Peter  Shellmer.  Convicted  of  robbery, 
Superior  Court,  Suffolk  county,  May  term,  1894.  Sen- 
tenced to  the  state  prison  for  seven  years.  Pardoned 
Dec.  26,  1895,  upon  the  recommendation  of  district 
attorney  Stevens.  Shellmer  and  one  George  McQueeney 
were  married  to  sisters,  and  lived  in  a  tenement  house  of 
six  tenements.  The  party  assaulted  was  a  milkman.  He 
had  a  helper  who  lived  in  this  tenement  house,  and  was 
accustomed  to  call  early  in  the  morning  for  him.  The 
prisoners  having  heard  his  footsteps  previous  mornings, 
lay  in  wait  for  him,  believing  him  to  be  a  burglar,  and 
severely  assaulted  him.  The  district  attorney  was  of  the 
opinion  that  it  was  simply  an  assault  under  a  misappre- 
hension. Shellmer's  employers  had  always  found  him  an 
industrious,  sober  and  hardworking  man,  and  were  ready 
and  anxious  to  give  him  employment  as  soon  as  he  could 
be  released. 


Special  Messages.  693 

No.  40.  George  McQueeney.  Convicted  of  robbery,  Pardons. 
Superior  Court,  Suftblk  county.  May  term,  1894.  Sen- 
tenced to  the  state  prison  for  seven  years.  Pardoned 
Dec.  31,  1895.  The  circumstances  which  led  to  the 
pardon  of  Shelhner,  No.  39,  apply  equally  to  the  case 
of  McQueeney. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  6,  1896.] 

I  transmit  to  you  herewith  for  your  information  and 
action  the  seventh  annual  report  of  the  state  house  con- 
struction commissioners. 

[To  the  honorable  senate  and  house  of  representatives,  Jan.  10, 1896.] 

I  transmit  herewith,  for  your  consideration  and  action, 
a  communication  from  the  governor  of  the  state  of  Ten- 
nessee inviting  the  people  of  this  Commonwealth  to  attend 
the  grand  industrial  interstate  and  international  exposi- 
tion in  the  city  of  Nashville,  beginning  Sept.  1,  1896. 

[To  the  honorable  senate  and  house  of  representatives,  Feb.  4,  1896.] 

I  herewith  transmit  for  your  consideration  and  action 
a  supplementary  report  of  the  "board  of  commissioners 
for  the  promotion  of  uniformity  of  legislation  in  the 
United  States",  authorized  by  chapter  405  of  the  acts  of 
1891. 

[To  the  honorable  senate  and  house  of  representatives,  Feb.  24, 1896.] 
It  is  my  duty  to  announce  to  the  legislature  the  death, 
on  Saturday,  February  22,  of  ex-governor  George  Dexter 
Robinson. 

The  life  of  a  noble  public  servant  has  been  suddenly 
terminated.  The  public  services  of  George  D.  Robinson 
cannot  l>e  over-estimated,  whether  in  national  or  state 
affairs.  His  character  represents  the  ideal  of  the  state  of 
Massachusetts.  His  sturdy  honesty,  his  inflexil)ility  of 
purpose,  his  training  and  industry,  all  contributed  to 
make  him  a  valuable  member  of  the  community,  whether 
in  public  or  private  station.  His  death  is  a  great  bereave- 
ment to  the  people,  and  the  Commonwealth  is  a  sincere* 
mourner. 

I  recommend  your  honorable  body  to  take  such  action 
upon  this  sad  event  as  may  seem  to  you  fitting. 


694  Special  Messages. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  TO  THE 
LEGISLATURE,  BY  HIS  HONOR,  THE  LIEUTENANT  GOVERNOR, 
ACTING  GOVERNOR,  SUBSEQUENT  TO  THE  DECEASE  OF  GOVER- 
NOR  GREENHALGE. 

[To  the  honorable  senate  and  house  of  representatives,  March  5,  1896.] 

His  Excellency,  Frederic  T.  Greenhalge,  governor  of 
the  Commonwealth  of  Massachusetts,  died  at  his  home  in 
Lowell  this  fifth  day  of  March  at  12.30  a.m.  It  is  with  a 
profound  sense  of  personal  sorrow  that  I  make  this  official 
announcement  to  your  honorable  bodies. 

Not  for  seventy-one  years  has  the  Commonwealth  been 
called  to  mourn  the  death  of  her  supreme  executive  magis- 
trate during  his  term  of  office.  The  grief  which  her  loyal 
citizens  would  ever  feel  at  the  untimely  death  of  one  in 
high  office  is  increased  by  their  appreciation  of  the  ability, 
fidelity  and  courage  which  governor  Greenhalge  has  dis- 
played in  the  performance  of  his  laborious  and  responsi- 
ble duties.  His  devotion  to  the  ])est  interests  of  the 
Commonwealth  has  been  conscientious  and  unremitting. 
He  has  not  spared  time  or  strength  in  her  service. 

By  his  manly  independence  of  thought  and  speech,  by 
his  high  sense  of  loyalty  and  patriotism,  and  by  his 
kindliness  of  nature,  he  has  endeared  himself  to  all  her 
citizens.  His  memory  is  safe  in  their  keeping.  His 
name  will  find  permanent  place  on  the  roll  of  those  who 
have  faithfully  and  ably  served  the  Commonwealth  of 
Massachusetts. 

Your  honorable  bodies*  will  doubtless  take  such  action 
as  may  seem  to  you  befitting  this  solemn  occasion,  and  I 
shall  endeavor  to  meet  the  convenience  of  any  committees 
that  may  ])e  appointed,  with  the  ^^ew  of  conferring  as  to 
the  liest  methods  of  showing  respect  to  his  honored 
memory. 

[To  the  honorable  senate  and  house  of  representatires,  March  13,  1896.] 

I  have  the  honor  to  call  to  your  attention  the  fact  that 
by  chapter  109  of  the  resolves  of  1893  a  sum  of  money 
^was  appropriated  by  the  legislature  of  that  year  to  be 
expended  by  the  governor  and  council  in  providing  a 
suitable  and  appropriate  gift  to  the  government  of  the 
United  States  to  l)e  placed  in  the  battleship  "  Massachu- 
setts," in  recognition  of  the  honor  paid  the  Commonwealth 


Special  Messages.  695 

in  the  selection  of  the  name  of  said  battleship.  Owing  to 
the  length  of  time  requisite  to  the  construction  of  a  vessel 
of  this  class  it  was  not  found  possible  to  take  any  action 
under  this  resolve  before  the  close  of  the  year  1894,  when 
the  sum  so  appropriated  reverted,  under  Public  Statutes, 
chapter  IG,  section  30,  to  the  general  treasury,  and  cannot 
l^e  paid  out  except  upon  a  new  appropriation. 

The  battleship  which  is  to  bear  the  name  of  this  Com- 
monwealth will  shortly  1)e  completed,  and  I  deem  it  my 
duty  to  present  these  facts  to  your  consideration,  with  the 
recommendation  that  such  action  be  taken  as  shall  carry 
out  the  intent  of  the  resolve  of  1893  and  shall  seem  to 
you  befitting  the  dignity  of  the  Commonwealth. 

[To  the  honorable  senate  and  house  of  representatives,  April  15,  1896.] 

I  transmit  to  you  herewith  for  your  information  and 
use  the  accompan>'ing  report  of  the  Massachusetts  l)oard 
of  managers  at  the  cotton  states  and  international  exposi- 
tion, appointed  under  chapter  113,  resolves  of  1895. 

[To  the  honorable  senate  and  house  of  representatives,  April  27,  1896.] 

I  return  herewith  to  the  branch  of  the  legislature,  in 
which  it  originated,  a  bill  entitled  "An  Act  relative  to 
the  Protection  of  Lobsters,"  together  with  my  objections 
thereto  in  writinff. 

This  act  lessens  the  protection  which  our  statutory  law 
for  twenty-two  years  has  afforded,  by  reducing  the  size 
at  which  loljsters  may  be  taken  and  sold  from  10|  to  9 
inches.  It  does  not  require  proof  by  statistics,  but  is  a 
fiict  of  common  observation  that  during  this  period  the 
average  size  of  lobsters  placed  on  the  market  for  sale 
has  diminished,  while  the  price  has  advanced.  This 
shows  that  under  the  conditions  that  have  existed,  the 
supply  of  this  important  food  has  not  kept  pace  with  the 
increasing  demand. 

If  it  could  be  shown  that  the  proposed  legislation 
would  prove  of  more  than  temporary  benefit  to  those 
immediately  occupied  in  this  fishery,  and  tliat  this  benefit 
would  not  l)e  ofi'-set  hy  injury  to  the  great  Ijody  of  our 
people,  it  would  deserve  and  would  receive  executive 
approval.  But  from  the  most  careful  examination  which 
I  have  been  able  to  give  to  this  matter,  I  am  satisfied 
that  this  is  not  the  case.  * 


696  Special  Messages. 

There  is  no  unanimity  in  favor  of  this  legislation  even 
amonir  those  actually  engaged  in  the  industry.  Not  only 
from  dealers  in  lobsters,  but  from  numerous  lobster  fish- 
ermen as  well  have  come  earnest  protests  against  the 
change.  Improvident  and  illegal  methods  employed  by 
those  beyond  the  jurisdiction  of  this  Commonwealth  have 
doul)tless  helped  to  make  more  difficult  the  livelihood  of 
our  citizens  engaged  in  this  fishery ;  and  in  certain  local- 
ities the  condition  of  those  who  yield  a  ready  oliedience 
to  the  law,  which  in  any  Massachusetts  community  must 
always  constitute  the  great  majority,  is  without  doubt 
one  of  diminishing  profit  and  increasing  hardship. 
^  But  the  executive  must  look  to  the  effect  of  proposed 

legislation  upon  the  people  of  the  whole  Commonwealth, 
and  believing  that  the  effect  of  this  bill,  if  enacted,  even 
if  temporarily  l)eneficial  to  a  part  of  the  population  of 
the  state,  must  be  finally  a  detriment  to  all,  I  am  unalile, 
in  the  performance  of  the  duty  imposed  upon  me  1)y  the 
constitution,  to  approve  it. 

[To  the  honorable  senate  and  house  of  representatives,  May  2,  1896.] 

I  return  without  my  approval,  to  the  branch  in  which  it 
originated,  a  bill  entitled  "  An  Act  in  relation  to  member- 
ship in  the  society  of  the  First  Congregational  Church  of 
Lowell."  I  present  herewith  my  objections  thereto  in 
writinof. 

The  bill  in  terms  requires  the  admission  of  persons  to 
membership  in  the  society  of  the  First  Congregational 
Church  of  Lowell  who  are  not  now  members,  and  this 
without  the  consent  and  even  against  the  will  of  the  pres- 
ent members  of  the  society.  This  is  done  avowedly  for 
the  purpose  of  effecting  a  change  in  the  action  of  the 
corporation  upon  certain  contested  issues,  by  changing 
the  present  minority  to  a  majority. 

I  do  not  recall  an  instance  in  the  legislation  of  this 
Commonwealth  in  which  this  has  been  done  or  attempted 
l)efore.     Certainly  such  legislation  is  most  unusual. 

If  the  society  of  the  First  Congregational  Church  of 
Lowell  is  a  corporation  owning  property,  the  effect  of  the 
bill  would  be  practically  an  alienation  of  the  rights  of 
the  existing  members  in  the  corporate  property  without 
their  consent.  Such  legislation  would  plainly  be  uncon- 
stitutional. 


Special  Messages.  697 

It  is  claimed,  however,  that  the  corporation  owns  no 
property.  I  understand  the  facts  in  relation  to  this  mat- 
ter to  be  that  the  former  owners  of  the  land  on  which  the 
meeting-house  stands  made  a  deed  of  the  same  to  the 
First  Congregational  Church  of  Lowell,  a  voluntary  eccle- 
siastical association  without  corporate  existence.  This  was 
in  1870.  In  1873  the  church,  desiring  to  raise  money 
upon  the  property,  applied  to  a  savings  institution  for 
that  purpose,  and  was  advised  by  the  attorney  of  said 
institution  that  the  deed  to  the  church  was  void,  there 
being  no  corporation  so  entitled.  Accordingly  a  new  deed 
was  made  from  the  original  proprietors  to  the  society  of 
the  First  Congregational  Church  of  Lowell,  a  body  duly 
incorporated,  and  the  society  thereupon  entered  into  pos- 
session of  the  property  and  has  continued  in  peaceable  and 
undisputed  possession  thereof  since  that  time,  being  a 
period  of  more  than  twenty  years.  Money  has  been  loaned 
to  the  society  upon  the  security  of  a  mortgage  of  the 
property  executed  by  said  society ;  the  property  has  been 
insured  for  the  benefit  of  the  society  ;  an  expensive  church 
edifice  has  been  erected  by  the  society  upon  the  land,  and 
m  all  respects  the  society  has  dealt  with  it  as  its  own. 
This  has  been  done,  so  far  as  I  am  informed,  without  pro- 
test or  objection  upon  the  part  of  the  church  or  any  mem- 
ber thereof. 

Proceedings  have  been  taken  in  court  within  a  short 
time  in  which  the  title  of  the  society  to  the  property  is 
drawn  in  question ;  the  church  clamiing  that  the  prior 
deed  to  it  is  valid,  and  that  the  title  is  therefore  in  the 
church. 

It  is  not  the  province  of  the  executive  to  pass  upon  the 
merits  of  the  questions  of  law  involved  in  these  proceed- 
ings, but  I  cannot  shut  my  eyes  to  the  fact  that  the  society 
is  and  for  many  years  has  been  in  possession  of  the  prop- 
erty under  a  claim  of  title  apparently  acquiesced  in  and 
under  which  it  has  made  valuable  contracts.  There  can 
be  no  question  that  if  the  title  to  the  property  is  in  the 
society  this  bill  is  unconstitutional.  Inasmuch  as  the 
society  is  in  possession  under  a  claim  of  title  which  has 
not  been  disputed  for  many  years,  the  presumptions  of 
fact  are  so  far  in  its  favor  that  I  think  I  ought  not  to  give 
my  assent  to  a  bill  which  may  disturb  that  title,  and  which 
upon  the  presumption  of  existing  facts  is  plainly  unconsti- 
tutional and  can  only  become  a  constitutional  measure  if 


698  Special  Messages. 

those  now  in  possession  of  the  property  are  divested  of 
their  title  by  legal  proceedings  recently  begun. 

Upon  general  considerations  of  public  policy,  I  do  not 
think  the  bill  is  wise.  It  is  not  only  special  legislation, 
but  is  legislation  which  directly  takes  sides  in  a  church 
controversy,  some  of  the  issues  of  which  are  already  before 
the  court  for  dgtermination.  I  think  the  policy  of  the 
Commonwealth  is  best  carried  out  when  the  state  abstains, 
so  far  as  may  be,  from  interference  with  church  affairs, 
and  requires  members  of  religious  organizations  to  settle 
their  affairs  under  the  wise  provision  of  the  general  laws 
upon  our  statute  books. 

It  has  been  strongly  claimed,  and  I  doubt  not  that  the 
members  of  the  legislature  were  influenced  by  the  belief, 
that  the  equities  of  the  case  required  the  passage  of  the 
bill.  On  this  point  I  do  not  feel  called  upon,  for 
the  purposes  of  this  message,  to  express  an  opinion, 
but  it  is  proper  to  obsen^e  that  the  polity  of  the  con- 
gregational body  provides  a  tribunal  to  hear  and  settle 
church  dissensions,  to  wit,  a  council  of  churches,  and  that 
this  method  of  adjudicating  differences  has  been  declined 
by  the  petitioners  for  the  present  legislation.  I  cannot 
but  believe  that  the  members  of  the  legislature  have  been 
influenced  by  the  consideration  of  the  apparent  equities 
of  the  present  case  to  disregard  the  general  policy  which 
should  animate  all  legislation,  to  wit,  that  special  legis- 
lation is  at  all  times  to  be  deprecated,  and  that  the  state 
should  keep  aloof  from,  and  not  interfere  in,  theafl'airs  of 
religious  corporations.  To  do  so  would,  in  my  judgment, 
not  only  be  unwise  as  a  matter  of  public  policy,  but  would 
invite  frequent  applications  for  such  interference,  to  the 
extent  that  the  legislature  would  find  itself  called  upon  to 
be  the  court  of  appeal  in  all  church  affairs  where  the  mem- 
bers and  officers  found  themselves  unable  to  agree. 

For  the  foregoing  reasons  I  am  unable  to  approve  the 
bill. 

[To  the  honorable  senate  and  house  of  representatives,  May  4,  1896.] 

I  transmit  herewith  for  your  consideration  a  communi- 
cation recently  received  by  me  from  the  chairman  of  the 
state  house  construction  commissioners,  reporting  that 
the  work  of  constructing  the  extension  of  the  state  house 
betw^een  the  Bulfinch  front  and  the  north  side  of  Mt. 
Vernon  street  has  so  far  approached  completion  that,  if  it 


Special  Messages.  699 

is  desired  to  furnish  it,  an  appropriation  should  be  made 
for  that  purpose,  and  for  the  interior  linish  of  Memorial 
Hall. 


[To  the  honorable  senate  and  house  of  representatives,  June  2,  1896.] 

•  I  return  herewith  "  An  Act  to  incorporate  the  Massa- 
chusetts Pipe  Line  Company,"  with  my  objections  thereto 
in  writing. 

The  powers  and  privileges  granted  to  the  corporation 
are  far  more  extensive  than  the  title  of  the  act  would  indi- 
cate. It  is  not  a  pipe  line  company  merely ;  it  is  a  gas 
company  with  privileges  more  far-reaching  than  have  ever 
heretofore  been  granted  to  a  Massachusetts  corporation. 
The  six  persons  named,  their  associates  and  successors,  are 
granted  a  charter  with  a  capital  which  may  be  indefinitely 
increased.  They  may  engage  in  the  business  of  manufac- 
turing gas  for  all  purposes,  of  all  kinds,  by  any  method 
and  in  all  parts  of  the  Commonwealth.  Under  this  bill 
they  may  establish  gas  works  in  every  city  and  town  in 
the  state.  They  may  lay  pipe  lines  for  the  conveyance 
of  gas  in  every  highway.  Their  right  to  lay  such  pipe 
lines,  not  only  from  town  to  town  but  within  the  same 
town  wherever  they  see  fit  to  connect  one  pipe  line  with 
another  or  with  a  distributing  system,  is  absolute,  and 
not  subject  to  the  prohibition  or  control  of  any  authority 
whatever,  excepting  as  to  the  mere  details  of  location. 
They  may,  with  the  approval  of  the  municipal  authorities 
or  the  board  of  gas  commissioners,  engage  in  the  business 
of  selling  gas  to  private  consumers  and  lay  pipes  therefor 
in  any  town  or  city  in  the  state.  Although  under  the 
well-settled  policy  of  the  Commonwealth  a  municipality 
may  not  engage  in  the  business  of  furnishing  gas  to  con- 
sumers without  purchasing  plants  already  established 
within  its  borders,  this  company  is  under  no  such  obli- 
gation to  purchase.  It  is  relieved  from  certain  of  the 
restrictions  of  existing  laws  as  to  the  quality  of  the  gas 
which  it  may  sup{)ly.  Finally,  it  is  given  the  power  to 
acquire  by  purchase  or  lease  the  property  of  all  the  gas 
companies  in  the  state. 

It  is  obvious  that  this  bill  is  a  radical  departure  from 
the  well-settled  policy  of  legislation  in  Massachusetts. 
Heretofore,  not  only  the  organization  of  companies  for 
the  manufacture  and  sale  of  aas,  but  the  business  carried 


700  Special  Messages. 

on  by  them,  have  been  carefully  regulated  by  general 
laws  applical^le  to  all  persons  and  companies  alike.  The 
limit  of  capital  is  fixed.  The  location  and  extension  of 
pipes,  involving  the  right  of  digging  up  public  ways,  are 
to  be  obtained  only  by  permission  of  the  local  authori- 
ties ;  the  quality  and  price  of  the  gas  manufiictured  are 
under  the  immediate  control  of  the  CommouAvealth.  The 
purchase  or  leasing  of  a  gas  plant  by  another  company  is 
practically  prohibited.  In  compensation  for  this  strict- 
ness of  control,  the  right  of  competition,  so  for  as  it 
authorizes  two  or  more  distributing  systems  to  encuml)er 
the  streets  of  the  same  municii)ality,  has  been  carefully 
restricted,  and  the  assurance  thus  held  out  to  promoters 
of  such  enterprises  that  if  their  Inisiness  be  well  con- 
ducted and  the  quality  and  price  of  their  gas  satisfactory 
they  should  be  protected  from  destructive  competition. 
Upon  the  faith  of  this  policy  of  the  Commonwealth,  a 
policy  repeatedly  declared  by  the  legislature,  many  mil- 
lions of  dollars  have  been  invested  in  the  business  of 
making  and  distributing  gas. 

By  this  bill  no  one  of  these  regulations  is  removed  from 
existing  companies,  except  that  they  may  sell  or  lease 
their  plants  to  the  Massachusetts  Pipe  Line  Company. 
The  established  policy  of  the  Commonwealth  as  to  other 
gas  companies  remains  unchanged.  But  the  bill  gives  to 
this  company  a  charter  empoAvering  it  to  compete  through- 
out the  state  with  existing  companies,  handicapped  as 
those  companies  necessarily  would  be  l)y  restrictions  and 
regulations  in  force  as  to  them,  but  from  many  of  which 
these  incorporators  are  exempt. 

I  feel  justified  in  saying  that  rights  and  privileges  so 
exceptional  should  not  be  granted  to  any  body  of  men 
without  the  clearest  assurance  of  benefit  to  the  pu1)lic.  It 
is  a  fundamental  principle  of  the  organic  law  of  ^lassa- 
chusetts  that  "  no  man,  nor  corporation  or  association  of 
men,  have  any  other  title  to  obtain  advantages  or  partic- 
ular and  exclusive  privileges  distinct  from  those  of  the 
community  than  what  arises  from  the  consideration  of 
services  rendered  the  public."  The  only  ground  upon 
which  this  l)ill  can  stand  is  that  by  its  passage  the  price 
of  gas  will  be  made  cheaper  to  the  public.  But  upon 
examination  of  its  provisions  I  find  no  such  assurance. 
The  only  provisions  which  relate  to  the  price  of  gas  are : 
first,  that  when  the  company  purchases  an  existing  plant 


Special  Messages.  701 

it  shall  not  increase  the  price  of  gas  ;  second,  that  when 
it  enijaoes  in  the  business  of  sellmo-  o'as  to  the  consumer  on 
its  own  account  its  prices  shall  be  subject  to  the  jurisdiction 
of  the  gas  commissioners,  as  those  of  existing  companies 
now  are  ;  and  third,  that  when  it  sells  gas  to  a  corporation 
or  municipality  the  price  of  gas  delivered  to  the  holder  or 
distributing  system  of  such  company  or  municipality  shall 
not  exceed  thirty-five  cents  per  thousand  cubic  feet. 

It  is  obvious  that  the  two  provisions  first  named  do  not 
insure  cheaper  gas  to  the  consumer.  There  is  no  promise 
of  reduction  of  price  in  case  of  purchase  of  another  plant ; 
and  there  is  no  obligation  on  the  company,  in  case  it  sells 
gas  to  the  consumer  on  its  own  account,  to  sell  at  any 
cheaper  rate  than  do  existing  companies.  Indeed,  the 
petitioners,  as  I  am  informed,  have  expressly  disclaimed 
any  such  assurance.  When  an  amendment  was  adopted 
in  the  house  of  representatives  limiting  the  price  of  gas 
to  consumers  at  fifty  cents,  it  was  frankly  stated  by  the 
friends  of  the  bill  that  a  charter  with  that  provision  would 
l)e  of  no  benefit  to  the  promoters.  Even  a  proposition 
which  was  made  in  the  senate,  to  limit  the  price  to  con- 
sumers at  ninety  cents,  a  sum  not  greatly  less  than  the 
present  average  price  of  gas  to  consumers  in  this  state, 
was  defeated  by  the  friends  of  the  bill. 

The  only  possible  ground  upon  which  it  can  l)e  claimed 
that  the  bill  affords  any  assurance  of  cheaper  gas  is  the 
clause  which  limits  the  price  to  thirty-five  cents  per 
thousand  feet  when  delivered  to  the  holder  or  distribut- 
ing system  of  a  city  or  town  or  of  anotiier  company.  But 
this  limitation  does  not  necessarily  reach  the  consumer. 
It  is  matter  of  common  knowledge  that  a  very  consider- 
able portion  of  the  expense  of  gas  to  the  consumer  is  in 
the  distribution  ;  and  it  is  asserted  that  the  average  cost  of 
gas  of  standard  illuminating  power  in  the  holder  does  not 
greatly  exceed  thirty-five  cents,  and  that,  if  the  restrictions 
as  to  illuminating  power  were  removed,  as  is  permitted  to 
this  company,  a  much  cheaper  price  in  the  holder  might 
be  obtained.  Moreover,  many  of  the  extraordinary  priv- 
ileges granted  by  this  bill,  such  as  the  right  to  purchase 
or  lease  the  property  of  companies  already  established, 
and  the  roving  commission  to  engage  in  the  gas  business 
throughout  the  Commonwealth  in  competition  with  exist- 
ing companies,  have  no  necessary  relation  to  the  pipe  line 
business,  to  which  alone  this  limit  of  price  applies. 


702  Special  Messages. 

I  am  aware  that  the  statement  is  made  that  it  is  hoped 
and  expected  by  the  promoters  that  by  the  introduction  of 
a  kind  of  coal  not  now  in  general  use  and  by  some  pro- 
jected improvements  in  methods  of  manufecture  the  com- 
pany will  be  able  to  furnish  cheap  coke  and  cheaper  gas 
for  illuminating  purposes,  and  especially  to  reduce  largely 
the  price  of  gas  for  fuel  purposes.  These  claims,  how- 
ever, are  merely  prospective, — they  are  not  in  the  bill. 
It  is  not  necessary,  in  order  to  establish  the  truth  of  such 
claims,  that  a  company  be  granted  extraordinary  privi- 
leges. It  is  matter  of  common  knowled2:e  that  this  fran- 
chise  is  sought  l)y  men  of  wealth  and  enterprise,  who  have 
already  under  their  control  the  largest  distributing  system 
in  the  Commonwealth,  where  every  facility  is  aflbrded  for 
the  production  of  cheap  gas  both  for  fuel  and  illuminating 
purposes,  even  to  the  extent  of  a  double  line  of  distribut- 
ing pipes  in  many  of  the  streets  of  the  territory  which  it 
covers.  I  refer  to  the  densely  populated  area  now  covered 
by  the  Boston  Gas  Light  Company  and  the  Brookline  Gas 
Company. 

All  the  claims  of  these  promoters  can  be  verified  and 
established  upon  the  systems  now  within  their  control. 
It  will  be  time  enough,  in  my  judgment,  to  grant  the 
exceptional  privileges  of  this  bill  when,  in  the  field  now 
controlled  by  them,  they  shall  have  been  able  to  verify 
the  claims  upon  the  mere  promise  of  which  they  ask  for 
this  bill. 

Nor  can  I  lose  sight  of  the  fact  that  this  bill  is  a  grave 
menace  to  existing  companies,  in  which  the  money  of 
the  citizens  of  Massachusetts  has  been  largely  invested. 
Massachusetts  owes  much  of  her  prosperity  to  the  safe- 
guards she  has  imposed  upon  her  corporate  investments. 
To  this  wise  policy,,  under  which  the  rights  of  the  public 
and  the  rights  of  capital  are  both  assured,  she  is  largely 
indebted  for  her  present  high  position.  The  Common- 
wealth stands  pledged  to  the  proposition  that  those  who 
have  risked  their  money  in  public-service  corporations, 
so  long  as  they  serve  the  public  well  and  cheaply,  shall 
not  be  exposed  to  destructive  competition.  I  am  well 
aware  that  these  considerations  of  regard  for  vested  inter- 
ests should  have  no  weight  when  they  are  opposed  to  the 
welfare  of  the  pul)lic. 

It  is  far  more  important  that  the  citizens  of  Massachu- 
setts should  have  gas  for  illuminating  and  fuel  purposes 


Special  Messages.  703 

at  the  cheapest  possible  price  than  that  the  investments 
of  shareholders  in  gas  companies  should  be  protected. 
Any  measure  in  the  interest  of  cheap  gas  is  of  the  highest 
possible  public  benefit,  and  other  considerations  must 
yield  to  the  advantage  thus  gained  to  the  public.  Cor- 
porate interests  cannot  stand  against  the  welfare  of  the 
community. 

But  the  only  way  in  which  this  bill,  otherwise  than 
through  its  pipe  line  features,  to  which  I  have  referred, 
can  justly  claim  to  be  for  the  benefit  of  the  public  is  in 
the  privilege  of  competition  it  affords  to  the  corporation 
it  creates.  That  this  competition  may  be  destructive  of 
vested  rights  it  is  not  difficult  to  foresee.  This  is  not 
alone  because  the  promoters  of  this  bill  are  men  of  means 
and  enterprise,  nor  is  it  pretended  that  they  are  the  ex- 
clusive possessors  of  any  new  invention  or  patented 
method,  which  they  alone  can  employ.  The  bill  itself,  • 
through  the  exceptional  privileges  it  grants  and  which 
are  denied  to  its  competitors,  gives  to  this  company 
an  undue  advantage.  Experience  has  demonstrated  that 
unrestricted  competition  by  public-service  corporations, 
although  the  temporary  results  may  be  to  make  cheaper 
prices  to  the  public,  seldom  accomplishes  any  permanent 
good.     The  public  must  eventually  pay  the  bills. 

I  can  see  no  permanent  advantage  to  the  community  in 
arming  this  company  with  a  club  by  which  it  may  strike 
down  those  already  in  the  field.  Temporarily  it  may 
cheapen  prices  ;  indeed,  it  must  do  so  or  promise  to  do 
so,  that  it  may  strike  them  down  ;  but  the  history  of  such 
competition  demonstrates  that  eventually  it  is  the  public 
that  suffers. 

If  the  wise  policy  of  Massachusetts,  long  established 
and  maintained  as  to  its  public-service  corporations,  is  to 
be  changed,  the  change  should  l)e  made  not  for  the  benefit 
of  one  body  of  men,  but  for  all  alike.  If  better  results 
can  be  obtained  for  the  public  by  competition,  then  it  is 
but  simple  justice  that  the  restrictions  which  have  been 
established  should  be  removed  from  all  citizens  and  all 
corporations  alike.  In  my  opinion,  it  is  not  justice  to 
vested  rights,  nor  sound  business  policy,  nor  for  the 
interests  of  the  public,  to  authorize  the  discriminations 
which  this  bill  proposes  to  establish,  especially  without  as- 
surance by  actual  demonstration  or  sufficient  guaranty  that 
the  public  benefit  which  could  alone  justify  them  must  ensue. 


704:  Special  Messages. 

If  the  bill  were  limited  to  a  pipe  line  charter,  that  is, 
a  charter  granting  authority  to  lay  pipe  lines  for  the  con- 
veyance of  gas  from  town  to  town,  with  the  privilege  of 
selling  the  product  to  the  municipality  or  to  existing  com- 
panies or  even  to  consumers,  if  no  distributing  system  is 
in  the  field,  with  suitable  restrictions  as  to  price  and 
quality,  many  if  not  all  the  objections  which  I  have  stated 
to  the  existing  bill  would  be  removed.  Indeed,  from  the 
arguments  and  claims  of  the  promoters  of  the  enterprise, 
which  have  been  put  in  my  hands  for  perusal,  the  estab- 
lishment of  a  pipe  line  system  appears  to  have  been  the 
essence  of  their  petition ;  l)ut  this  bill  does  not  stop 
with  such  a  system ;  it  has  added  such  exceptional,  un- 
necessary, and,  in  my  judgment,  injurious,  privileges  and 
powers,  that  in  its  present  form  I  cannot  give  it  my 
approval. 


CHANGE    OF   NAMES. 


CHANGE    OF    ]^AMES    OF    PERSONS. 


In  compliance  with  the  requirement  of  the  Public  Statutes,  Chap.  148,  Sect.  14,  returns  of  the 
following  Changes  of  Names  have  been  received  in  the  office  of  Secretary  of  the  Common- 
wealth, as  decreed  by  the  several  Judges  of  the  Probate  Courts  in  their  respective  Counties ;  — 

BARNSTABLE   COUNTY. 


Date  of 
Decree. 

Original  Name.                                      Name  Decreed. 

Residence. 

1893. 

Feb.      12, 
April      2, 
May      14, 
Sept.     10, 
Oct.        1, 
1, 
Dec.     10, 

Joseph  Warren  Francis,* 
Gorden  Baker,* 
Wendell  Van  Campen  Craig 
Charlotte  W.  Smith,       . 
Mary  A.  Fahey,*    . 
Margaret  Rogers  Wade,* 
Nellie  Spencer,* 

Joseph  Warren  Barnes, 
Walter  Everett  Stuart,   . 
David  Van  Carapen  Craig,     . 
Charlotte  W.  Hardy, 
Mary  Ellsworth  Wiley, 
Margaret  Rogers  Wade  Voae, 
Harriet  Elizabeth  Runnels,    . 

Provincctown. 

Falmouth. 

Provincetown. 

Chatham. 

Wellfleet. 

Chatham. 

Eastham. 

BERKSHIRE   COUNTY. 


March 

5, 

Edith  Irene  Beatty,*      . 

Edith  Irene  Ford 

Williametown. 

April 

2, 

Helen  Isabelle  Duncanson,* 

Helen  Isabelle  Baillie,     . 

Adams. 

May 

11. 

Jennie  May  Griswold,* . 

Jennie  May  Upton, 

Adams. 

June 

20, 

William  Lee,* 

William  Lee  Kent, 

Cheshire. 

Aug. 

10, 
10, 

Elizabeth  Tibdeor,* 
Eva  Maude  Loring,* 

Elizabeth  Mooney,  . 
Eva  Myrtle  Pomeroy, 

Pittsfield. 
Washington. 

Sept. 

3, 
3, 
3, 

Frederick  McNulty,* 
Bessie  Miller,* 
John  Ready,*  . 

Michael  Frederick  Cassidy, 
Viola  Lillian  Norrie, 
John  R.  Quinn, 

Lee. 

Pittsfield. 

Piltetield. 

Dec. 

4, 

20, 

William  Maloney,* 
Johanna  Norton,*  . 

William  Lavassur,  . 
Annie  Conway, 

New  Marlborough. 
Sheffield. 

BRISTOL   COUNTY. 


Jan. 

4 

Feb. 

1 

15 

15 

April 

5 

May 

3 

June 

21 

Aug. 

2 

2 

2 

Oct. 

4 

Nov. 

1 

1 

15 

15 

Charles  Leeming,* 

Florence  L.  Cahill,* 

T^o„.,»,    A     \  Galand,*  ) 

Joseph  A.   I  Q^nani*  \         ' 

Joseph  Leeming,*  . 

Lucy  Williams,*     . 

Aima  May  McKinnon,* 

Donald  Angus  McLeod,* 

Elsie  E.  Lang,* 

William  Carmichael  of  Fall  River, 

Mary  Kelly,*  . 

Clytie  May  Ball,*   . 

George  F.  Bennett,* 

Irene  McDonald,*  . 

William  A.  Hitt,*  . 

Frances  B.  Rugg,*  . 


Charles  Leeming  Potts, 
Maud  Alice  Cook,   . 

Leo  Alfred  Togus,  . 

Joseph  T.  Whormby, 
Lucy  Matteson, 
Bertha  May  Stearns, 
Donald  A.  McL.  Dunn, 
Elsie  E.  Jones, 
Charles  L  Carr, 
Isabel  F.  Adam, 
Clytie  May  Mills,     . 
George  F.  Morrow, 
Gertrude  Evelj'n  Polsey 
William  Shaw  Leach, 
Frances  S.  Thayer, 


Fall  River. 
Fall  River. 

Fall  River. 

Fall  River. 
Fall  River. 
Mansfield. 
New  Bedford. 
Taunton. 
Freeport,  Me. 
Fall  River. 
Fall  River. 
Fall  River. 
Attleborough. 
Pall  River. 
Fall  River. 


*  Changed  by  reason  of  adoption. 


708 


Change  of  Names. 


ESSEX  COUNTY. 


Date  of 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

1895. 

Jan. 

21 

Cecelia  Morarity,* .... 

Cecelia  Robishaw,  .... 

Salem. 

Feb. 

4 

RuthE.Dolan*     . 

Ruth  Esther  Stevens, 

Salem. 

18 

Irene  M.  Young,*  . 

Irene  Girard 

Lynn. 

March 

4 

Margaret  Galvin,*  . 

Margaret  Mary  Durand, 

Boston. 

11 

Josephine  Switzer,* 

Josephine  Gerhaeuser,  . 

Lawrence. 

18 

Minnie  Knowles,*  . 

Bessie  Mildred  Jones,     . 

Lynn. 

18 

Minnie  E.  Keilly,*. 

Minnie  Emily  Keefe, 

Lawrence. 

April 

15 

Frank  E.  Trohon,  . 

Frank  Edward  Thorndike,     . 

Lynn. 

15 

Henry  8.  McCabe,  . 

Henry  Samuel  Nickerson, 

Gloucester. 

15 

Teresa  M.  Connors,* 

Teresa  Margaret  Choate, 

Boston. 

15 

Clayton  nil),* 

Clayton  Hill  Stevens, 

Boston. 

May 

6 

Ida  M.  Trebble,*     . 

Iva  Alice  Greene 

Lawrence. 

6 

George  Guilford,*  . 

George  Louis  Greene,     . 

Lawrence. 

6 

Nellie  Bkerritt,*      . 

Nellie  Laliberty 

Methuen. 

6 

Constance  C.  Wakefield 

* 

Constance  Vivian  Frazier, 

Boston. 

20 

James  F.Cook, 

Benjamin  Franklin  Cook, 

Gloucester. 

June 

10 

Martha  J.  Russell,* 

Martha  Jane  Weimer,     . 

Boston. 

July 

1 

Alida  N.  Tever,*    . 

Alida  Nekolin  Swinson, 

Gloucester. 

Aug. 

5 

Everett  S.  Littlefleld,* 

Clarence  Irving  Willis,  . 

Lawrence. 

5 

Frank  W.  Knight,  . 

Frank  Woodfin  Hammond,    . 

Beverly. 

Sept. 

16 

Ernest  Ames,* 

Frederick  Forrest  Patterson, 

Lynn. 

23 

Hiram  McCabe, 

Hiram  Nickerson,    .... 

Gloucester. 

Oct. 

14 

Mary  E.  Johnson,* 

Clara  Louise  Locke, 

Peabody. 

21 

Hazel  F.Hubley,*. 

Hazel  Florence  Grafton, 

Lynn. 

Nov. 

11 

Esther  Wakely,*    , 

May  Low  Tarr,        .... 

Boston. 

Dec. 

2 

James  Hanson,* 

Walter  Henry  Christian, 

Gloucester. 

2 

Maude  E.  Mace,*    . 

Maude  Esther  Miller, 

Salem. 

16 

Clarence  Hanson,*  . 

Clarence  William  Carye, 

Gloucester. 

16 

Hildas.  Warner,* 

Hilda  Sophia  Anderson, 

Rockport. 

FRANKLIN  COUNTY. 


April 

13, 

Vajda,* 

Frederick  Kiley  Hillman, 

Ashfleld. 

13, 

Tobin,*     . 

Mary  Sullivan, 

Montague. 

May 

28, 

Florence  Lola  Chase,*   . 

Florence  Lola  Canedy, 

Shelburne. 

Sept. 

3, 
3, 

Bertha  Davis,* 
Walter  Charles  Doyle,* 

Edna  Ethel  Howlaud, 
Walter  Charles  Davis, 

Heath. 
Monroe. 

Oct. 

1, 

Bessie  T.  Backus,* 

Bessie  T.  White,     . 

Orange. 

Nov. 

6, 

Mary  M.  Roberts,* 

Mary  M.  Parsons,    . 

Greenfield. 

Dec. 

3. 

Joseph  Oliver  Watson,* 

Oliver  Watson, 

Greenfield. 

HAMPDEN  COUNTY. 


Feb. 

15, 

Robert  Harry  Mclntire,* 

Robert  Harry  McVeigh, 

Agawam. 

March 

29, 

Addie  E.  Bemis,*  .... 

Addie  E.Frost 

Springfield. 

April 

12, 

Ellen  Theresa  Linquist,* 

Ellen  Theresa  Armstrong, 

Springfield. 

May 

1". 

Helen    Robinson    Peacock    alias 
Donaldson. 

Helen  Robinson  Donaldson,  . 

Holyoke. 

1". 

Hiram     Bucher     Peacock     alias 
Donaldson. 

Hiram  Bucher  Donaldson, 

Holyoke. 

June 

S, 

Mary  Travers,*       .... 

Mary  Travers  Sexton,     . 

Springfield. 

19, 

Simon  Kovenski,    .... 

Simon  Franklin 

Springfield. 

July 

12, 

Robert  Mills  Morgan,*  . 

Robert  Mills  Rising, 

Springfield. 

•Sept. 

4, 

Frederick  William  Matthews, 

Frederick    William    Matthews 
Robinson. 

Springfield. 

4, 

William  Chase  Furnel,  . 

William  Chase  Fernald, 

Springfield. 

4, 

Ellen  Smith  Furnel, 

Ellen  Smith  Fernald,      . 

Springfield. 

4, 

Ada  Mary  Furnel, 

Ada  Mary  Fernald, 

Springfield. 

4, 

Edgar  Smith  Furnel,      . 

Edgar  Smith  Fernald,     . 

Springfield. 

*  Changed  by  reason  of  adoption. 


Change  of  IS'ames. 

HAMPDEN   COUNTY -Concluded, 


709 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1S95. 

Sept.      4 

4 

21 

27 

28 

Oct.        2 

Nov.       6 

"Walter  Merritt  Furnel, . 
Nofa  Augusta  Furnel,    . 
Catherine  Frances  Craven,* 
Elsie  Cosens,* 
Earle  Fuller,* 
Frank  Tobin,* 
May  B.  Sargood,*  . 

Walter  Merritt  Fernald, 
Nora  Augusta  Fernald,  . 
Catherine  Frances  Scully, 

Elsie  Dupee 

Earle  Wentworth  Makepeace, 
Frank  Heredeen,     . 
May  Sargood  Wheeler,  . 

Springfield. 

Springfield. 

Springfield. 

Holyoke. 

Springfield. 

Monson. 

Springtield. 

HAMPSHIRE   COUNTY. 


Jan. 

1, 

Feb. 

5, 

March 

5, 

6, 

May 

7, 

21, 

July 

2, 

Aug. 

13, 

13, 

Sept. 

3, 

S, 

Dec. 

3, 

"Walter  E.  Mann,*  . 
Alice  Carrington,* 
Grace  Barney,* 
Mabel  Hattie  Packard,* 
Clarence  J.  Snow,* 
George  W.  Jordan,* 
Henrietta  Goldie  Wilson,* 
Henry  De'Wolf  CotTm,* 
Rupert  Aubrey  Ranney,* 
George  Keating,*   . 
Daisy  Maree  Newton,*  . 
William  Newcomb,* 


Charles  Washington  Holcomb, 
Alice  Carrington  Hofraan, 
Grace  Woodward  Montague, 
Mabel  Hattie  Cosgrove,  . 
Clarence  J.  Hibbard, 
George  Leon  Cooley, 
Clementina  Sophia  Briggs,     . 
Carleton  DeWolf  Livermore, 
Rupert  Ranney  Marsh,   . 
Delaney  Rice  Dilts, 
Mary  Louise  Kingsley,  . 
William  Newcomb  Bucknam, 


Pelham. 

South  Hadley. 

Westhampton. 

Plaintield. 

Ware. 

Plainfield. 

Northampton. 

Northampton. 

Amherst. 

Northampton. 

Westhampton. 

Northaiupton. 


MIDDLESEX   COUNTY. 


Jan. 

1 

Christene  M.  Lord,* 

Christene  Lord  Brown,  . 

Chelsea. 

8 

Edouard  Belval,*   . 

Edouard  Pouliotte, 

Lowell. 

8 

Mabel  Crowe,* 

Delphine  Theresa  Salloway, 

Boston. 

22 

Margaret  Rose,* 

Elsie  Lambert  Baxter,    . 

Cambridge. 

Feb. 

5 

Frederica  Modee,    . 

Frederica  "Von  Toll, 

Cambridge. 

5 

Allan  McCleery  Chase, 

Allan  McCleery  Parker  Chas 

e, 

Cambridge. 

5 

Annie  Whitmore,* 

Annie  Whitmore  Maker, 

Concord. 

12 

Howard  Daniel  Cha=e,* 

Howard  Chase  Wlnslow, 

Everett. 

12 

Annie  E.  Sullivan,* 

Elizabeth  Theresa  Hughes, 

Cambridge. 

12 

Nietta  Rolfe,  . 

Nina  Rolfe 

Cambridge. 

12 

May  Etta  Smith,*  . 

Blanche  Everett  Ford,    . 

Lowell. 

19 

Elizabeth  Urania  Whitcomb 

* 

Rose  Lalhrop, 

Natick. 

26 

Raymond  Howard  Clapp,* 

Raymond  Atkins  Hahn, 

Boston. 

26 

Georgie  Emma  Keville,* 

Margaret  Gowiug,  . 

Boston. 

March 

6 

Hope  Leslie  Severance,* 

Winifred  Adams,    . 

Leyden. 

12 

William  Joseph  Farquharso 

3*     '. 

William  Joseph  Greene, 

Waltham. 

12 

Alice  Gertrude  Hitch,*. 

Lita  Fernald,   . 

Boston. 

19 

Emma  Elizabeth  A.  Ford,* 

Frida  Minnie  Bock, 

Boston. 

19 

Mary  Elizabeth  Ormsby,* 

Mary  Elizabeth  Bemis,  . 

Maiden. 

26 

Catherina  Scott,*    . 

Ruth  Catherina  Swau,    . 

Maiden. 

26 

John  W.  Parker,    . 

John  Dalling  Parker, 

Cambridge. 

April 

2 

Clayton  Burtt  Prescott,* 

Cla>  ton  Ford  Burtt, 

Stoneham. 

2 

,     Florence  Edson,*   . 

Gertrude  Tingley,  . 

Boston. 

2 

,     Dolly  Mcintosh,*   . 

Ethel  Herrick  Dunbar,  . 

Stoneham. 

2 

Arthur  O.  Pratt,     . 

Arthur  Peabody  Pratt,  . 

Medford. 

2 

William  Faulkner, 

William  Broadley,  . 

Maynard. 

16 

,     Beth  Louise  Barrett, 

Elizabeth  Louise"  Barrett, 

Concord. 

16 

Elsie  Gleason,* 

Helen  Green,    . 

Barre. 

16 

Bessie  Anderson,*  . 

Gladys  Clyde  Dickson,  . 

Cambridge. 

16 

Walter  J  Felch,*   . 

Walter  J.  Carter,     . 

Lowell. 

23 

Alice  May  Had  ley,* 

Alice  May  Couillard, 

Boston. 

23 

Mary  Joy,* 

Myrtle  Viola  Fletcher,    . 

Boston. 

May 

7 

Thomas  Symonds,* 

Alonzo  Hazelton  Rice,    . 

Lynn. 

28 

Mason  Harris  Dolbeare, 

Harris  Mason  Dolbeare, 

Wakefield. 

28 

Hugo  Anthony  Asp,*    . 

John  Clarence  Goodwin, 

Worcester. 

*  Changed  by  reason  of  adoption. 


710 


Change  op  Xames. 


MIDDLESEX  COUNTY  — Concluded. 


Date  of 
Decree. 


Original  Name. 


Name  Decreed. 


June 


1895. 

May      28 

2s: 

28 
28 
28 
4 
4, 
4 
11 
11 
25 
25, 
25 
2 


July 


Sept. 


Oct. 


Nov. 


Dec. 


Bertha  Nauman,*   . 
Jarae8  Worcester,* 
Joseph  Fulton,* 
Blanche  Macker,*  . 
Grace  L.  B.  Mahan,* 
Catherine  Ellen  Dooley 
Daniel  Leary,* 
Frances  Viola  Lowe,* 
Lillian  Laurette  Walker, 
Arthur  H.  Bowen,* 
Ruth  Alma  Bales,* 
Lithie  Sangalier,*  . 
Ariel  Isabel  Ross,* 
Gertrude  Lillian  Atwood,* 
Carmine  Edwards  Terry,* 
Francis  J.  Johnson,* 
Laura  Ouimette,*  . 
Mabel  Malinda  Hartshorn,* 
Kaspara  Alvilde  Gundersen 
Ella  Wyraan  Hawxhurst,* 
George  M.  Thompson,* 
Angle  Kennedy,*    . 
.Tessie  Jones,* 
Edmond  Poirier,*  . 
Henri  I'oirier,* 
Laurent  Poirier,*    . 
Ella  M.  Taylor,*     . 
Arthur  Handy,* 
Francis  Pooler,* 
Lillian  May  Elliot,* 
George  Henry  Lafferty, 
Gladys  E.  Mellen,* 
Frederick  Brown,* 
Roberts.  Mowry,* 
Edith  E.  Mowry,*  . 
Ethel  Beazley,* 
Mary  Ignacio,* 
Theodor  J.Fuchs,* 
William  McGrath,* 
Charles  Gordon  Hutchins, 
Hans  Andreas  Kjbsterud, 
Louisa  O'Brien,*     . 
Daniel  Alvin  Lynde, 
Frances  Clara  Spencer,* 
Matilda  Boulay, 
Lulu  Walter,* 
.Joseph  Havelock  Collamore 
Dorothy  Page,* 
Chaiincy  Munroe,* 
Ella  Kendall,* 


Ida  Clara  Dorothea  Salzmann 
Frederick  Philip  Kirchner, 
Joseph  Halgren, 
Blanche  Fuller, 
Grace  Newell  Emery, 
Catherine  Ellen  Harrington, 
Daniel  Wise,    . 
Edith  Frances  Gilraore,  . 
Lillian  Laurette  Woodbury, 
Arthur  Frank  Eddy, 
Ruth  AlmaPhaneuf, 
Lena  Pauline  Ahern, 
Ariel  Isabel  Jukes,. 
Gertrude  Lillian  Palmer, 
Carmine  Elizabeth  Harlow, 
Francis  James  Toner, 
Laura  Daigneault,  . 
Mabel  Malinda  Durell, 
Kaspara  Gunderson  Livesey 
Ella  Wyman  Terry, 
George  Morris  Tompson 
Angle  Hurtubise,    . 
Jessie  Keene,  . 
Edmond  Plante, 
Henry  Banville, 
Laurent  Cossette,    . 
Ella  M.  Biedman,    . 
William  Landis, 
Franklin  Crosby  Snow, 
Lillian  May  Elliot  Brown, 
George  Henry  Benner, 
Gladys  E.  Chapman, 
Lawrence  Cyrus  May, 
Robert  S.  Harris,    . 
Edith  E.  Harris,      . 
Helen  Louisa  Bean, 
Mary  Oliver,    . 
Theodore  Jasper  Wild, 
William  Whelan,    . 
Gordon  Hutchins,   . 
Hans  Andreas  Chester, 
Louisa  Gladys  Teague, 
Alvin  Lynde,   . 
Grace  Josephine  Home 
Matilda  Archambeault, 
Loais"  Lawrence,    . 
Joseph  Havelock  Gumb, 
Dorothy  Leach, 
Chauncy  Clinton  Farrow, 
Ilene  Marguerite  Miller, 


Cambridge. 

Soraerville. 

Boston. 

Marlborough. 

Portland,  Me. 

Cambridge. 

Brookline. 

Chelsea. 

Cambridge. 

Maiden. 

Hudson. 

Boston. 

Wakefield. 

Stoneham. 

Soinerville. 

Somerville. 

Lowell. 

Somerville. 

Cambridge. 

Cambridge. 

Wakefield. 

Lowell. 

Newton. 

Lowell. 

Lowell. 

Lowell. 

Natick. 

Maiden. 

Soraerville. 

Medford. 

Townsend. 

Billerica. 

Boston. 

Newton. 

Newton. 

Boston. 

Reading. 

Waketield. 

Natick. 

Concord. 

Cambridge. 

Lexington. 

Melrose. 

Boston. 

Hudson. 

Medford. 

Lowell. 

Boston. 

Chelsea. 

Boston. 


NANTUCKET   COUNTY. 


May      le 


Carlotta  Marcellina   Massardo 
Caruso. 


Carlotta    Marcellina    Massardo 
Hulbert  Caruso. 


Rome,  Italy. 


NORFOLK  COUNTY. 


Feb.        6, 

20, 

March    6, 


Charles  Burnett  De Young,* 
Myrtle  McMillan,*. 
Enrique  Gennaro,* 


Charles  Burnett  Pitts,  . 
Marion  Bernice  Rich,  . 
Henry  Gennaro  Webster, 


Braintree. 

Enfield. 
Braintree. 


*  Changed  by  reason  of  adoption. 


Change  of  Names. 

NORFOLK  COUNTY  — Concluded. 


711 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1895. 

April      3, 

24, 
May      15, 

15, 
June     19, 
Sept.      4, 

25, 

Nov.       6, 

6, 

2" 

Dec.      18,' 

Carl  Otto  Copenhagen,  . 
Evelyn  Alma  Rich,* 
John  Oscar  Nyberg,*     . 
Percy  Treen,* 
George  Porter,* 
Charles  Allen,* 
Sarah  Adrianna  Shackley, 
John  Anderson,*    . 
Pauline  May  Cox,* 
Jenette  Grace  Patterson,* 
Frederick  Dunham, 

Charles  Otto  Winters,    . 
Evelyn  Alma  Lewis, 
William  Henry  Kelley,  . 
Percy  Leon  Thayer, 
Charles  Parkman  Crowd, 
Charles  Allen  Crane, 
Sarah  Adrianna  Webber, 
Philip  Evelyn  Myers,     . 
Dorothy  Alden  Clark,    . 
Jenette  Grace  Brown,     , 
Fred  Walter  Foster, 

Braintree. 

Hyde  Park. 

Medford. 

Boston. 

Milton. 

Boston. 

Needhara. 

Boston. 

Brookline. 

Walpole. 

Norwood. 

PLYMOUTH  COUNTY. 


March  11, 

Benjamin  Elmer  Afey,* 

Benjamin  Elmer  Thomas, 

Plymouth. 

25, 

Annabelle  G.  Knowles,* 

Gertrude  LeBaron, 

West  Bridgewater. 

25, 

Delia  Higgins,* 

Lillian  Howes  Terry, 

Brockton. 

April 

22, 

Nancy  N.  Allen,     . 

Nanette  Allen, 

Brockton. 

22, 

Michael  Murphy,    . 

Michael  Edward  Murphy, 

Brockton. 

May 

13, 

Benjamin'F.  Pennington,  Jr 

J 

Frank  Bruce  Pennington, 

Brockton. 

13, 

Kebrick,* 

Lillian  Adelia  Bobbins,  . 

Plymouth. 

13, 

Warren  F.  Spooner,* 

Warren  F.  Grew,     . 

Brockton. 

July 

«. 

Ethel  M.Sullivan,* 

Mary  Elizabeth  Borden, 

Brockton. 

Sept. 

9, 

Addie  K.  Sweet,*  . 

Addie  Ellen  Briggs, 

Marion. 

23, 

George  H.  Green,* 

Harold  Whitaker,   . 

Brockton. 

Oct. 

14, 

Orraan  G.  Johnson,* 

Orman  G.  Elms, 

Wareham. 

14, 

Clifford  Bulley,*     . 

Clifford  A.  Pratt,     . 

Middleborough. 

Deo. 

23, 

Lucy  V.  Parmenter,*     . 

Gladys  V.  Goldthwait,  . 

Brockton. 

SUFFOLK  COUNTY. 


Jan.        3, 

Jacob  Baruck  Asikowitz,      . 

Jacob  Baruck  Askowith, 

Boston. 

3, 

Samuel  Asikowitz, 

Samuel  Askowith,  .        .        ,        . 

Boston. 

3, 

William  Brooks,*  .... 

Winthrop  Burleigh  Hammond,     . 

Boston. 

3, 

Ethel  Moore,*         .... 

Ethel  E.  Mitchell 

Boston. 

10, 

Mary  McNulty,*     .... 

Ruth  Jessie  Dukett, 

Boston. 

10, 

Ellen  Salmon,*        .... 

Ellen  Gibbins 

Boston. 

1", 

Fanny  Puray,*        .... 

Ella  Marion  Fuller, 

Boston. 

IT, 

Alfred  Jordan,*      .... 

George  Alfred  Hall, 

Boston. 

n, 

Bertrand  Dalton  Tukey, 

Bertrand  Dalton  Burnham,    . 

Boston. 

24, 

Susan  S.  Fay,          .... 

Susan  Fellows  Thompson,     . 

Boston. 

24, 

Beatrice  A.  Mainwaring,*     • 

Florence  Lillie  Hodge,    . 

Boston. 

24, 

John  Dexter,*         .... 

John  W.  Smith 

Boston. 

24, 

Gertrude  Freeman,* 

Zylpha  Odysell  Johnson, 

Boston. 

31, 

Francis  Edward  Hill,*  . 

Francis  Edward  Burnett, 

Boston. 

31, 

Eliza  Harding,*      .... 

Alice  Marjorie  Grant,     . 

Unknown. 

31, 

James  Lewis  Mills, 

.  James  Lewis  Miller, 

Boston. 

31, 

William  Levy,         .... 

William  Leroy,        .        .        .        . 

Boston. 

Feb.        7, 

Frederick  Dwyer,* 

Joseph  Frederick  Meharg,     . 

Boston. 

14, 

Wm.  Thomas  Smith,*   . 

George  Franklin  Middleton,  . 

Boston. 

14, 

Samuel  Kasanowitz, 

Samuel  Kasanowitz  Casson,  . 

Boston. 

14, 

Abraham  Kasanowitz,  . 

Abraham  Kasanowitz  Casson, 

Boston. 

28, 

John  Porter  Coombs,     . 

John  Stickney  Coombs, 

Boston. 

28, 

Berthold  Carl  Kieckebnsch, 

Berthold  Carl  Bush, 

Boston. 

28, 

Ijouis  Francis  Sprengel,* 

Louis  Francis  Morse, 

Chelsea. 

28, 

Ellen  Friend,*         .... 

Ellen  Friend  Balch, 

Boston. 

March    7, 

William  O'Dowd,  .... 

William  G.  Prior,   .... 

Boston. 

7, 

Helen  I.  Partridge,* 

Helen  Idella  Whipple,    . 

Boston. 

14, 

Ruth  Gallup.*         .... 

Sarah  Barbara  Lucas,     . 

Boston. 

14, 

Margaret  Mullen,* . 

Margaret  McMillan, 

Lynn. 

21, 

Catherine  Fairclough,*  . 

Gladys  Howard 

Boston. 

*  Changed  by  reason  of  adoption. 


712 


Change  or  Names. 


SUFFOLK  COUNTY  — Continued, 


Date 

of 

Original  Name. 

Name  Decreed. 

Residence. 

Decree. 

189 

5. 

March  21 

May  Brown,* 

Lulu  Maud  Fessenden,    . 

Boston. 

28 

Tliomas  Atkins,*    .... 

Edward  Alfred  Fogg,     . 

Boston. 

28 

Margaret  Mary  Ryan,*  . 

Margaret  Mary  Ryan  Scanlan, 

Boston. 

28 

Emma  T.  Gregory,* 

Effie  Dyer, 

Chelsea. 

28 

Kichard  A.  LeBouttillier,*    . 

Richard  A.  LeBoutillier  Kelley,  . 

New  York. 

April 

4 

Israel  Ratshesky 

Israel  Alfred  Ratshesky, 

Boston. 

4 

Carl  Alfred  Carleen, 

Charles  Alfred  Carlsen  Hansen,    . 

Boston. 

4 

Alga  Johanne  Carlson    . 

Alga  Johanne  Carlsen  Hansen,     . 

Boston. 

4 

Ane     Sophie      Marie     Nielsigne 
Christine  Carlsen. 

Nielsigne  Christine  Carlsen  Han- 
sen. 

Boston. 

4 

Henry  Sachs  Kaliske,    . 

Henry  Sachs, 

Boston. 

4 

Pansy  Hains,*          .... 

Mary  Johanu  Felleter,    . 

Boston. 

4 

Gertrude  Marion  Pierce,* 

Gertrude  Marion  Pierce  Griffin,    . 

Boston. 

11 

Adolph  Rice,*          .... 

William  Smith 

Boston. 

11 

Miua  Aurena  Clapp,*     . 

Janet  UrquhartEwing,  . 

Boston. 

18 

Eva  Flo  ranee  Pratt,* 

Eva  Florence  Wyman,    . 

Boston. 

18 

Edward  Brooks,     .... 

George  Edward  Sleeper, 

Boston. 

May 

2 

Hymau  Rostovsky, 

Herman  Moses  Ross, 

Boston. 

2 

Elizabeth  Deegan,* 

Mary  A.  Marks 

Chelsea. 

9 

Belle  MaGralh,*      .... 

Helen  Katherine  Keleher, 

Boston. 

16 

Henry  Paul  Grudzenskie, 

Henry  Paul 

Boston. 

16 

Abraham  Stern,*    .... 

Abraham  Stairen 

Boston. 

16 

Minnie  Alice  Richardson,*    . 

Alice  Townsend  Sparrow,     . 

Boston. 

16 

Gertrude  Pennie,*  . 

Gertrude  Pennie  Morau, 

Boston. 

23 

James  Wright 

James  Dean  Peabody,     . 

Boston. 

23 

Alice  Briere,* 

Alice  Harriet  Cummings, 

Boston. 

June 

6 

Mary  Young,*         .... 

Mary  Hill 

Boston. 

6 

Fred  W.  Pollard,*  .... 

Frederick  William  Converse, 

Boston. 

6 

Charles  Cohen,*      .... 

Louis  Brown, 

Boston. 

13 

Wm.  Henry  Brooks, 

Wm.  Henry  Sleeper, 

Boston. 

13 

Edward  Howard  Brooks, 

Edward  Howard  Sleeper, 

Boston. 

13 

Kenneth  Westwood  Endres, 

Kenneth      Westwood      Windram 
Endres. 

Boston. 

13 

Laura  Amy  Mitchell,*  . 

Laura  Amy  Bissonet,     . 

Boston. 

20 

Leon  Eugene  Stirckler, 

Leon  Eugene  Morton, 

Boston. 

20 

F'rank  Georgadis,* 

Edwin  Nathaniel  Knowlton, 

Boston. 

27 

Ethel  K.  Simes 

Ethel  K.  8.  Nowell, 

Boston. 

July 

5 

Frances  Austin,*    .... 

Edna  Elizabeth  Bonta,   . 

Unknown. 

5 

Arthur  Bissett,  Jr.,* 

Arthur  Frederick,  • 

Boston. 

5 

Emma  Lowell  McDougal,*   . 

Muriel  Emma  Lowell,    . 

Boston. 

11 

Ruth  Asenath  Rudolph, 

Ruth  Asenath  Woodman, 

Boston. 

11 

Mabel  Winship,*    .... 

Esther  Francis  Barker,  . 

Boston. 

25 

Mamie  Gallagher,* 

Agnes  Mathilde  Jacobsen, 

Ilingham. 

25 

Alvin  Trevett,  alias  Speck,*  . 

Alvin  Trevett  Johnson,  . 

Boston. 

Aug. 

15 

Mary  Clark,* 

Mary  Frances  McKay,    . 

Boston. 

15 

Isaac  Harry  Pinkofski,  . 

Isaac  Harry  Plnkham,    . 

Chelsea. 

15 

Rose  Alymer,*        .... 

Ruth  BurrillStowell, 

Boston. 

15 

Mary  Agnes  Davis,* 

Marion  Agnes  Davis, 

Boston. 

15 

Elizabeth  Murray,* 

Elizabeth  Overton, 

Boston. 

Sept. 

5 

Frederick  Charles  Roberts,  . 

Frederick  Charles  Hammond 

. 

Boston. 

12 

George  Whitaker,* 

George  Luther  Holt, 

Boston. 

19 

Frank  Shea,*  ..... 

Francis  E.  Fisher,  . 

Boston, 

19 

Annie  Griiner,*       .... 

Erna  Beatrice  Haskell,   . 

Boston. 

26 

Mary  Caro,*     ..... 

Mary  Sargent,  . 

Boston. 

26 

George  Joseph  Albert  D' Arcy,     . 

George  Joseph  Albert  Hill, 

Boston. 

26 

Mary  Ballard,*         .... 

Mary  Enieline  Gardner, 

Boston. 

Oct. 

3 

Clarence  Stetson  King,  . 

Clarence  Stetson,    . 

Boston. 

3 

Mary  Thompson,*  . 

Maud  Frances  Watson,  . 

Boston. 

3 

Frank  Muudshenk, 

Frank  Miller,  . 

Boston. 

10 

Catherine  Flanagan, 

Catherine  F.  Johnson,    . 

Boston. 

10 

Katherine  Amelia  Malloy,     . 

Katherine  Amelia  Mallory, 

Boston. 

17 

Frances  C.  Betts,    .... 

Frances  Coster  Robinson, 

Boston. 

17 

Jessie  Blanche  Gibbon, 

Gertrude  Blanche  Hersey, 

Boston. 

17 

Abbie  A.  Francis,  .... 

Abbie  A.  Hatch, 

Boston. 

17 

Altus  Deroy  Flower, 

Richard  Charles  Flower, 

Boston. 

24 

Nathan  Newman  Linaky, 

Nathan  Newman  Lindsey, 

Boston. 

24 

Herman  Woodruff  Bundy,   . 

Herman  Woodruff  Aborn, 

Boston. 

24 

Stevens,* 

Paul  Harrington,     . 

Boston. 

24 

Franklin  Alexander  Granville,*    . 

Frederick  Wm.  Sheehan, 

Boston. 

24 

Irma  8.  Morrill,*    .... 

Irma  Morrill  Wadsworth, 

Boston. 

*  Changed  by  reason  of  adoption. 


Change  of  Names. 


713 


SUFFOLK  COUNTY  — Concluded. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1895. 

Nov.       7, 
7, 
7, 
14, 
14, 
21, 
29, 
29, 
29, 
29, 
29, 
29, 
29, 
29, 
Dec.       5, 
5. 
19, 
19, 
'          19, 
13, 
26, 

Alice  Harding,* 
John  H.  Hazelton,* 
Burt  L.  Davenport,* 
John  Polep,     . 
Ateta  J.  Jernegan  Vinct 
Charles  W.  Williams,* 
Mary  Ryan,*    . 
Clara  J.  Tobin,*      . 
Annie  Garey,* 
Arthur  Charles  Hale, 
Mary  Pantaleo,*     . 
Margaret  Sbaw,*     . 
Robert  Wilson  Kemp,* 
Katharine  Erskine  Kem 
Natalie  Willard,*   . 
Helen  Langley  Malloy, 
Amy  Morgan,* 
Edward  J.  O'Dowd, 
Mary  Williams,*     . 
Harry  Smith,* 
Bhiro  Kuroda,* 

jnt,* 
P,* 

Esther  Marie  Thomas,    . 
John  Herbert  Lewis, 
Burt  Davenport  Dares,  . 
John  Paul, 
Aleta  White  Parker, 
Charles  Walter  Morrell, 
Mary  Kelly, 
Carrie  J.  Beach, 
Annie  Rowena  Streeter, 
Arthur  Hale  Crawford,  . 
Mary  Parisi,     . 
Margaret  Caverly,    . 
Henry  Erskine  Stillings, 
Katharine  Erskine  Stillings, 
Natalie  Louise  Prescott, 
Helen  Langley  Mallory, 
Amy  F.  Nesbitt,      . 
Edward  J.  Dowd,   . 
Margaret  Henebury, 
Harry  Roscoe  Hall, 
Shiro  Wilcox  Kuroda,    . 

Boston. 

Boston. 

Boston. 

Boston. 

Edgartown. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Kawagista,  Japan. 

WORCESTER  COUNTY. 


Jan. 

4, 

Elizabeth  Augusta  Lattime,* 

Sarah  Elizabeth  Waite,  . 

Worcester. 

8, 

Elizabeth  Fennelly,*      . 

Elizabeth  Theodora  Finn, 

Worcester. 

29, 

Ethel  Blanche  Ellis,*     . 

Joyce  Lindley  Tyler, 

Worcester. 

29, 

Emma  McCarthy,  .... 

Emma  Smith, 

Sturbriclge. 

29, 

George  Shattuck,*  . 

George  William  Read,   . 

Clinton. 

Feb. 

5. 

Florence  Betters,*  . 

Florence  Lyons,      .... 

W^orcester. 

March 

5, 

Mary  E.Beazley,*  . 

Blanche  Inez  Parraenter, 

Athol. 

5, 

Nellie  Josephine  Stimpson,  . 

Helen  Josephine  Stimpson,   . 

Worcester. 

12, 

William  Murphy,* 

Chester  John  Darling,    . 

Worcester. 

April 

2, 

Francis  William  Taylor,* 

Evan  Taylor  Brown, 

Westborough. 

2 

Alberta  Liota  Connor,*  . 

Alberta  Liota  Balcome,  . 

Worcester. 

5! 

Milly  Levi,* 

Milly  Rabinowich,  .... 

W^orcester. 

12, 

James  Lanier,*        .... 

James  Keenan,         .... 

Worcester. 

12, 

Freddie  Lanier,*     .... 

Freddie  Keenan,      .... 

Worcester. 

22, 

Willard   Everett  Flanigan,  other- 
wise known  as  Willard  Everett 
Martin  and  Willard  E.  Marshall.* 

Willard  Everett  Martin, 

Warren. 

22, 

Thomas  Herbert  Ferris,* 

Thomas  Herbert  Sullivan, 

Worcester. 

23, 

Otto  Gulbrandson, 

Otto  Maimer 

Fitchburg. 

May 

14, 

Adeline  May  Paul,* 

Adeline  May  Mirick, 

Worcester. 

21, 

* 

Helen  M.  La  Dobauche,  . 

Worcester. 

28, 

Lula  Isabel  Burke,* 

Lula  Isabel  Page,     .... 

Fitchburg. 

28, 

Lizzie  Churchill  Hayward,    . 

Elizabeth  Churchill  Hayward, 

Usbridge. 

June 

14, 

Gertrude  Irene  Ammond,*    „ 

Gertrude  Irene  Saunders, 

Westerly,  R.I. 

18, 

Emery  Sawyer  Todd,*  . 

William  Emery  Rogers, 

Worcester. 

July 

2, 

Lena  Elizabeth  Green,* 

Lina  Elizabeth  Soucy,    . 

Worcester. 

9, 

Caroline  Lena  Carruth,* 

Caroline  Lena  Patterson, 

Clinton. 

9. 

Ralph  Myron  Hartwell,* 

Everett  Andrew  Ayer,   . 

Fitchburg. 

12, 

Mary  W.  Bigelow,* 

Mary  Witter  Flint, 

Worcester. 

12, 

Philip  H.  Bigelow,* 

Philip  Witter  Flint, 

W^orcester. 

16, 

Jennie  Etta  Towsley,*  . 

Jennie  Etta  Hale 

Roy^lston. 

30, 

W^inuie  Sawyer  Stowe,* 

Winnie  May  Millens, 

Northbrid^e. 

30, 

Mary  Dunn,* 

Hazel  A  rdena  Davis, 

Milton,  N.^H. 

30, 

Bessie  Theresa  Niras,    . 

Elizabeth  Theresa  Nims, 

Leominster. 

Sept. 

17, 

Harry  L.  Houghton, 

Henry  L.  Houghton, 

Worcester. 

27, 

Delia  May  Cameron,*     . 

Ella  May  Congdon, 

North  Brookfleld. 

Oct. 

1, 

Fred  Warren  White,      . 

Frederick  W^arren  White, 

Worcester. 

18, 

Hilda  Flink,* 

Beulah  C.  Kemp 

Worcester. 

25, 

Martha  Margaret  Howe,* 

Martha  Margaret  Moore, 

l^olton. 

29, 

Minnie  Alice  McLean,*  . 

Winnie  Alice  Robertson, 

NV'orcester. 

Nov. 

12, 

Mabel  M.  Nickerson,     . 

Mabel  M.  Sheldon 

Worcester. 

12, 

Hedley  V.Nickerson,    . 

Hedley  V.  Sheldon, 

Worcester. 

12, 

Addie  Nickerson 

Addie  Sheldon 

Worcester. 

26, 

Gertrude  Power,*  .... 

Gertrude  Harney,  .... 

Worcester. 

*  Changed  by  reason  of  adoption. 


THE 


CIVIL    GOVERNMENT 


AND     OFFICERS     IMMEDIATELY     CONNECTED     THEREWITH     FOR 
THE    POLITICAL    YEAR 

1896. 


EXECUTIVE  DEPARTMENT. 


HIS  EXCELLENCY 

FREDERIC    T.    GREENHALGE,* 

Governor. 


Henry  A.  Thomas   « 
Edward  F.  Hamlin 


Private  Secretary 
Executive  Clerk. 


HIS  HONOR 

ROGER  WOLCOTT 

Lieutenant  Governor. 


COUNCIL 
L  — NATHANIEL  F   RYDER 
IL  — BENJAMIN  S.  LOVELL 
in —FRANCIS  H.  RAYMOND 
IV.  — JOHN  H.  SULLIVAN    . 
v.  — B.  FRANK  SOUTHWICK 
VL  — JOHN  M.  HARLOW      . 
VII.  — CHARLES  E.  STEVENS 
VIIL  — CHARLES  A.  TOWNE  . 


(By  Districts). 


Middleborough, 

Weymouth. 

Somerville. 

Boston. 

Peabody. 

Woburn. 

Ware. 

Orano:e, 


WILLIAM    M.    OLIN, 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  1st  Deinity.  Herbert  H.  Boynton,  2d  Deputy. 

EDWARD    P.    SHAW, 

Treasurer  and  Receiver  General. 

John  Q.  Adams,  1st  Clerk.  George  S.  PIall,  2d  Clerk. 

Wendell  P.  Marden,  Cashier. 

JOHN   W.   KIMBALL,       • 

Auditor  of  Accounts. 
William  D.  Hawley,  1st  Clerk.  James  Pope,  2d  Clerh 

HOSEA    M.    KNOWLTON, 

Attorney-General. 


George  C.  Travis 

James  Mott  Hallowell    . 


.     First  Assistant  Attorney- Oetieral. 
.     Second  Assistant  Attorney- General 


*  His  Excellency  Frederic  T.  Greenhalge  deceased  March  5. 


LEGISLATIVE  DEPARTMENT. 


GENERAL    COURT. 

Arranged  in  Accordance  with  the  District  Revision  of  1886. 


SE]^ATE. 


Preside7it  — GEORGE   P.   LAWRENCE. 


Name  of  Senator. 


First  Suffolk, . 

Joseph  B.  Maccabe, 

Boston. 

Second    " 

Joseph  J.  Corbett, 

Boston. 

Third      " 

ISlartin  M.  Lomasney,  . 

Boston. 

Fourth     " 

John  Quinn,  Jr  ,    . 

Boston. 

Fifth 

George  P.  Sanger, 

Boston. 

Sixth 

William  H.  McMorrow. 

Boston. 

Seventh  " 

Isaac  P.  Hutchinson, 

Boston. 

Eighth     " 

Richard  Sullivan,  . 

Boston. 

Ninth       " 

Charles  F.  Sprague, 

Boston. 

First  Essex, 

Lewis  H.  Bartlett, 

Lynn. 

Second    " 

George  A.  Galloupe, 

Beverly. 

Third      " 

J.  Loring  Woodfall, 

Rockport. 

Fourth     " 

John  J.  Prevaux,  . 

Amesbury. 

Fifth 

Horace  H.  Atherton, 

Saugus. 

Sixth 

James  H.  Derbyshire,  . 

Lawrence. 

First  Middlesex, 

George  W.  Perkins, 

Somerville. 

Second        " 

James  P.  Niles,     . 

Watertown. 

Third 

Fredei'ick  W.  Dallinger, 

Cambridge. 

Senate. 


719 


Fourth  ^Middlesex, . 

Fifth 

Sixth 

SeA'enth     " 

Fii'St  Worcester, 

Second      " 

Third 

Fourth 

AVorcester  and  Hampshire, 

First  Hampden, 

Secontl       " 

Franlvlin, 

Berkshire, 

Berkshire  and  Hampshire, 

First  Norfolk, 

Second       " 

First  Plymouth, 

Second       " 

First  Bristol,  . 

Second      "      .         .         . 

Third        "... 

Cape,     .... 


Name  of  Senator. 

George  A.  Reed,    . 
George  J.  Burns,  . 
Arthur  H.  Well  man, 
Fisher  H.  Pearson, 
Alfred  S.  Roe, 
William  H.Cook,  . 
Erastus  Jones, 
Joel  D.  Miller,       . 
Percival  Blodgett, 
Edward  S.  Bradford, 
William  A.  Chase, 
Dana  Malone, 
George  P.  Lawrence, 
Richard  W.  Irwin, 
Francis  W.  Darling, 
Clarke  P.  Harding, 
Albert  F,  Barker, . 
Noble  W.  Everett, 
Louis  C.  Southard, 
Joseph  O.  Neill,    . 
Rufus  A.  Soule, 
William  A.  Morse, 


Framingham. 

Ayer. 

Maiden. 

Lowell. 

Worcester. 

Milford. 

Spencer. 

Leominster. 

Tempi  eton. 

Springfield. 

Holyoke. 

Greenfield. 

North  Adams. 

Northampton. 

Hyde  Park. 

Medway 

Hanson. 

AVareham. 

Easton. 

Fall  River 

New  Bedford. 

Tisbury. 


HENRY  D.  COOLIDGE, 
EDMUND  DOWSE, 
JOHN  G.  B.  ADAMS,  . 


Clerk. 

Chaplaiyi. 

Sergeanl-at-Arms. 


720 


House  of  Representatives. 


HOUSE   OF  EEPRESENTATIYES. 


Speaker— GEORGE  v.  L.  MEYER. 


COUNTY 

OF   SUFFOLK. 

District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

1st, 

Boston,  Ward     1, 

■     \ 

John  L.  Bates, 
James  A.  Cochran, 

Boston. 
Boston. 

2d, 

Boston,  Ward    2, 

■     \ 

Manassah  E  Bradlej-,     . 
Michael  J.  Leary,  . 

Boston. 
Boston. 

3d, 

Boston,  Ward    3, 

■     \ 

John  M.  O'Hara,    . 
David  B.  Shaw, 

Boston. 
Boston. 

4th, 

Boston,  Ward    4, 

■     \ 

Timothy  J.  Donovan,     . 
Jeremiah  J.  McCarthy, . 

Boston. 
Boston. 

.5th, 

Boston,  Ward    5, 

■     \ 

Robert  F.  Denvir,  . 
James  H.  Leary,     . 

Boston. 
Boston. 

6th, 

Boston,  Ward    6, 

■     \ 

Jeremiah  E.  Mahoney,  . 
Daniel  D.  Rourke, . 

Boston. 
Boston. 

7th, 

Boston,  Ward    7, 

■     \ 

Patrick  J.  Carroll, . 
George  F,  Coleman, 

Boston. 
Boston. 

8th, 

Boston,  Ward    8, 

■     \ 

Thomas  F.  Keenan, 
David  T.  King, 

Boston. 
Boston. 

9th, 

Boston,  Ward    9, 

•     \ 

George  v  L  Meyer, 
William  L.  Reed,   . 

Boston. 
Boston. 

10th, 

Boston,  Ward  10, 

■     \ 

Edward  S.  Crockett, 
Clarence  P.  Weston, 

Boston. 
Boston. 

11th, 

Boston,  Ward  11, 

■     \ 

Joshua  B.  Hold  en, 
Francis  C.  Lowell, 

Boston. 
Boston. 

12th, 

Boston,  Ward  12, 

■     \ 

Daniel  M.  Driscoll, 
William.  P.  Driscoll,      . 

Boston. 
Boston. 

13th, 

Boston,  Ward  13, 

■     \ 

James  A.  Gallivan, 
James  S.  McKenna, 

Boston. 
Boston. 

14th, 

Boston,  Ward  14, 

■     \ 

Daniel  J.  Barry,     , 
Joseph  J.  Norton,  . 

Boston. 
Boston, 

House  of  Representatives. 

COUNTY  OF   SUFFOLK  —  Concluded. 


721 


Town  or  Ward. 


Name  of  Representative. 


15th, 


16th, 


17th, 


Boston,  Ward  15, 


Boston,  Ward  16, 


Boston,  Ward  17, 


18th, 

Boston,  Ward  18, 

19th, 

Boston,  Ward  19, 

20th, 

Boston,  Ward  20, 

21st, 

Boston,  Ward  21, 

22d, 

Boston,  Ward  22, 

23d, 

Boston,  Ward  23, 

24th, 

Boston,  Ward  24, 

25th, 

Boston  Ward  25, 

26th, 

Chelsea,  Wards  1,  2,  3 

^Chelsea,  Wards  4,  5, 
27th,    ^  Revere, 

(^Winthrop, 


James  F.  Creed,     . 
Michael  J.  Reidy,  . 

James  Keen  an, 
John  A.  Keliher,    . 

James  M.  Douglass, 
Franz  H.  Krebs,  Jr., 


John  W.  Johnson, 
Albert  C.  Smith, 

Daniel  J.  Curley, 
Frank  J.  O'Toole, 

Daniel  C  Casey, 
Charles  I.  Quirk, 

Fi'ederick  Atherton, 
William  W.  Davis, 


William  H.  Morgan,* 

William  E.  Ford,   . 
Arthur  A.  Maxwell, 

George  B  Bird, 
John  E.  Tuttle, 

Samuel  Ho  Mitchell, 


5     Franklin  O.  Barnes, 
}     Edward  E.  Willard, 


Ernest  W.  Roberts, 
Charles  A.  Grant,t 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 

Chelsea, 
Chelsea. 

Chelsea. 
Winthrop. 


COUNTY  OF   ESSEX. 


1st, 


f  Salisbury, . 
j  Amesbury, 
',  Merrimac, 
(_  West  Newbury, 


J 


Horace  S.  Bean. 
Nelson  P.  Cummings, 


Amesbury. 
Meri'imac. 


*  Declared  elected  by  acceptance  of  report  of  committee  on  elections  February  25 ;  qualified 
February  28. 

t  Elected  February  11;  qualified  February  17;  in  place  of  George  T.  Sleeper,  elected  clerk 
of  the  house  of  representatives. 


722 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Continued. 


Town  or  Ward. 


Name  of  Representative. 


2d, 

3d, 

4th, 
5th, 
6th, 

7th, 

8th, 

9th, 

10th, 

11th, 

12th, 
13th, 
14th, 
15th, 
16th, 

17th, 


Haverhill,  Wards  1,2, 4, 6, 

^  Haverhill,Wards  3, 5. 
)  Methuen,  . 
(^Bradford,  . 

Lawrence,  Wards  1,  2,  3, 


Lawrence,  Wards  4,  5,  6, 

J  Andover.   . 

\  North  Andover, 

(  Groveland, 
!  Georgetown, 
j  Boxford,    . 
l^  Topsfield,  . 

^  Newburyport,  Wards  1-6, 
(  Newbury, . 

fRowlej',     . 

j  Ipswich,     .         .         . 

]  Hamilton,. 

l^  Wen  ham,  . 

f  Gloucester,  Wards  1, 3,  4, 

I      5,6,7,8, 

j  Essex, 

\^  Manchester, 

^  Gloucester,  Ward  2, . 
I  Rockport,  . 

Beverly, 

Salem,  Wards  1,2,     . 

Salem,  Wards  3,  5, 

Salem,  Wards  4,  6, 

Marblehead, 

^  Swampscott, 

(  Lynn,  Wards  2,  3,     . 


Samuel  W.  George, 
Thomas  E.  St.  John, 

Levi  A.  Drurj% 
Jackson  Webster,  . 


Joseph  J.  Flynn,    . 
Cornelius  F.  Sullivan, 

Harry  R.  Dow, 
Charles  F  Sargent, 


William  Halliday,  Jr., 


Roger  S.  Howe, 


Charles  O.  Bailey, , 
Caleb  B.  Huse, 


Walter  E.  Lord,      . 


Charles  D.  Brown, 
Arthur  I).  Story,  . 
George  J.  Tarr, 


George  M.  McClain, 

Joseph  W.  Stocker, 

John  D.  H.  Gauss, . 

Tristram  T.  Savory, 

George  G.  Russell, 

P.  Howard  Shirley, 

Aaron  R.  Bunting, 
E.  Knowlton  Fogg, 


Haverhill. 
Haverhill. 

Bradford. 
Havei'hill. 

Lawrence. 
Lawrence. 

Lawrence. 
Lawrence. 

North  Andover. 


Georjretown. 


Newbury. 
Newburyport. 


Ipswich. 


Gloucester. 

Essex. 

Gloucester. 


Rockport. 

Beverly. 

Salem. 

Salem. 

Salem. 

Marblehead. 

Swampscott, 
Lynn. 


House  of  Representatives. 

COUNTY  OF  ESSEX  — Concluded. 


723 


Town  or  Ward. 


Name  of  Representative. 


^  Lynn,  Ward  4,  . 
I  Nahant, 

^  Lynn,  Wards  1,  5, 
\  Lynnfield, 

^  Lynn,  Wards  6,  7, 
(  Saugus, 

Peabody,   , 

Danvers,    . 
Middleton, 


Henry  C.  Attwill,  . 
Joseph  G.  Brown,  . 

Daniel  W.  Allen,    . 
Benjamin  F.  Estes, 

Howard  K.  Sanderson, 
AVilliam  Shepherd, 

Nicolas  M.  Quint,  . 
Joseph  W.  Woodman, 


Lynn, 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Peabody. 
Danvers. 


COUNTY   OF   MIDDLESEX. 


Cambridge,  Wards  1,  5, 

Cambridge,  Ward  2, 

Cambridge,  Ward  3, 

Cambridge,  Ward  4, 

Somerville,  Ward  1, 
Somerville,  Ward  2, 
Somerville,  Wards  3,  4, 
Medford,  Wards  1-6, 

Maiden,  Wards  1-7, 

Everett,  Wards  1-6, 
Melrose,    . 
Stoneham, 
Wakefield, 


David  T.  Dickinson, 
James  J.  Myers,     . 

Jeremiah  F.  Donovan, 
Wellington  Fillmore, 

John  H.  Ponce, 

James  W.  Coleman, 
George  S.  Evans,    . 

Amasa  E.  Southworth, 

Frank  W.  Kaan, 

Elmer  A.  Stevens, . 

Samuel  N.  Mayo,    . 

Harvey  L.  Boutwell, 
Ezra  A.  Stevens,    . 

George  A.  Brown, . 

George  R  Jones,   . 

William  H.  Marden, 

Silas  W.  Flint, 


Cambridge. 
Cambridge. 

Cambridge. 
Cambridge. 

Cambridge. 

Cambridge. 
Cambridge. 

Somerville. 

Somerville. 

Somerville. 

Medford. 

Maiden. 
Maiden. 

Everett. 

Melrose. 

Stoneham. 

Wakefield. 


724 


House  or  Representatives. 

COUNTY  OF  MIDDLESEX  — Continued. 


14th, 
15th, 
16th, 
17th, 
18th, 

19th, 

20th, 

21st, 
22d, 
23cl, 

24th, 

25th, 
26th, 

27th, 
28th, 


Town  or  Ward. 


Name  of  Representative. 


<\  Woburn,  Wards  1-7, 
I  Reading,    . 

^  Arlington, 
I  Winchester, 

^  Watertown, 
(  Belmont,   . 

Newton,  Wards  1-7, 

<s  Waltham,  Wards  1-7, 
I  Weston,     . 

f  Lexington, 
I  Lincoln,  . 
•{  Concord,  . 
I  Bedford,  . 
1^  Burlington, 

f  Chelmsford, 
I  Billerica,  . 
^  Tewksbury, 
I  Wilmington, 
l^  North  Reading, 

Lowell,  Ward  1, 

Lowell,  Ward  2, 

Lowell,  Ward  3, 

^  Lowell,  Wards  4, 5, 

)  Dracut, 

(^  Tyngsborough , 

Lowell,  Ward  6, 

Natick, 

^  Hopkinton, 
I  Ashland,    . 

fHolliston,. 
J  Sherborn,  . 
j  Framingham,    . 
(^  Wayland,  . 


Solon  Bancroft, 
William  Beggs, 

Forrest  C.  Manchester, 


Frank  Chandler,     . 

Albert  L.  Harwood, 
J.  Edward  Mollis,  . 

Charles  P.  Bond,    . 
Arthur  L.  Coburn, . 


William  R.  Hayden, 


Charles  E.  Hosmer, 

Fred  H.  Rourke,     . 

George  E.  Putnam, 

John  J,  O'Connor,. 

William  H.  I,  Hayes, 
George  A.  Roper,  . 
E.  A.  Stevens, 

Thomas  F.  Hoban, 

Edward  H.  Wilson, 

John  A.  Woodbury, 


Walter  Adams, 
Charles  H.  Dowse, 


Reading. 
Woburn. 

Winchester. 

Belmont. 

Newton. 
Newton. 

Waltham. 
Weston. 


Bedford. 


Billerica. 

Lowell. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Dracut. 

Lowell. 

Natick. 

Hopkinton. 


Framingham. 

Sherborn . 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX  — Concluded. 


725 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

29th, 

^Marlborough,  Wards 
}  Hudson,    . 
Q  Sudbury,  . 

'1 

Charles  E.  Bennett, 
Atherton  W.  Rogers, 

Hudson. 
Sudbury. 

30th, 

CMaynard,  . 

Stow 
,  Boxborough, 
1  Littleton,  . 

Acton, 
.Carlisle,    . 

■         1 

1 

1 

> 

Frank  A.  Patch.      . 

Boxborough. 

31st, 

f  Westford, . 
i  Groton, 
I  Pei^perell, 
1^  Dunstable, 

•         1 
> 
J 

Avander  N.  Blood, 

Pepi^erell. 

32d, 

'  Ayer, 

J  Shirley,     . 
]  Townsend, 
(^  Ashby, 

1 
1 

> 
1 

J 

George  L.  Whitcomb,    . 

Townsend. 

COUNTY  OF  WORCESTER. 

1st, 

r  .4thol, 

<  Royalston, 

(Phillipston, 

} 

Harding  R,  Barber, 

Athol. 

2(1, 

("Gardner,   . 

!  Winchendon,     . 

j  Templeton, 

1^  Ashburnham,    . 

(  Barre, 

George  N.  Dyer,    . 
Henry  C.  Newell,  . 

Gardner. 
Ashburnham. 

3d, 

1  Dana, 
^  Petersham, 
1  Hardwiek, 
(.Rutland,    . 

George  H.  Kelton,. 

Petersham. 

4th, 

f  Westminster,    . 
1  Hubbardston,    . 
■{  Princeton, 
1  Holden,     . 
[  Paxton, 

Waldo  E.  Austin,  . 

Holden. 

5th, 

(  Brookfield, 

North  Brookfield, 

West  Brookfield, 
^  New  Braintree, 

Oakham,    . 

Sturbridge, 
(.Warren,    . 

Wilson  H.  Fairbank, 
Clarence  H.  Parker, 

Warren. 
Oakham. 

726 


House  or  "Representatives. 

COUNTY  OF  WORCESTER  — Continued. 


6th, 


7th, 


8th, 


9th, 


10th, 


11th, 


12th, 


Town  or  Ward. 


13th, 


14th, 


^  Spencer,  . 
)  Leicester,  . 

("Charlton,  . 
)  Dudley,  . 
(  South  bridge, 

("Webster,  . 
)  Oxford,  . 
(_  Auburn,    . 

("Douglas,  . 
)  Millbury,  . 
(_  Sutton, 

("  Uxbridge, 
)  Northbridge, 
(^  Upton, 

f  Blackstone, 
J  Mendon,  . 
i  Milford,  . 
(  Hopedale, 

C  Westborough, 
Noi'th borough, , 
Southborough, 
Berlin, 
Shrewsbui-y, 

(^Grafton,    . 

'Boylston,  . 

Bolton, 

West  Boylston, 
<{  Clinton,     . 

Harvai'd,   . 

Lancaster, 
\^  Sterling,    . 

^  Leominster, 
)  Lunenburg, 


16th,  I  Fitchburg,  Wards  1-6, 


16th, 
17th, 


Worcester,  Ward  1, 
Worcester,  Ward  2, 


Name  of  Representative. 


Warren  J.  Livermore,    .      Spencer 


Charles  D.  Monroe, 


Cyrus  Spauldiug, 


George  F.  Chase,  . 


Southbridge. 


Webster. 


Millbury. 


John  Rogers  Thurston, .     Northbridge. 


Walter  S.  V.  Cooke,       .     Milford. 
Cornelius  R.  Day,  .         .     Blackstone. 


John  E.  McClellan, 
J.  Henry  Robinson, 


Walter  F.  Howard, 
Edward  A.  Co  wee. 


Henry  R  Smith,     . 


Grafton. 
.  ;  SouthboT'OUgh. 


Clinton. 

West  Boylston. 


Leominster. 


Henry  Thrasher,    .         .  '  Fitchburg. 

George  W.  Weymouth, .  |  Fitchburg. 

George  INI.  Rice,     .         .  Worcester. 

William  P.  Searls,  .  Woi'cester. 


House  of  Representatives. 

COUNTY  OF   AVORCESTER— Concluded. 


727 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

18th, 

Woi'cester,  Ward  3,     . 

Eugene  M.  Moriarty,     . 

Worcester. 

19th, 

Worcester,  Ward  4,    . 

James  H.  Mellen,  . 

Worcester. 

20th, 

Worcester,  Ward  5,     . 

James  F.  Melaven, 

Worcester. 

21st, 

Worcester,  Ward  6,     . 

Ellery  B.  Crane,     . 

Worcester, 

22d, 

Worcester,  Ward  7,     . 

Willie  C.  Young,   , 

Worcester. 

23d, 

Worcester,  Ward  8,     . 

George  H.  Mellen, 

Worcester. 

COUNTY   OF   HAMPSHIRE. 


1st, 

^  Northampton,  Wards  1-7,  "^ 
}  Easthampton,    .         .          > 
(^Southampton,   .         .         ) 

Albert  E.  Addis,     . 
Charles  W.  Smith, 

Northampton, 
Easthampton. 

2d, 

f  Chesterfield,      .        .         ^ 

Cummington,    . 

Goshen,      . 
J  Huntington,       .         .          ! 
]  Middlefield,       .        .          \ 

Plainfield, 

Westhampton,  . 
^^Worthington,    .         .         J 

f  Hatfield,    .        .        .         ] 

Arlin  V.  Stevens,   . 

Cummington. 

3d, 

J  Hadley,     .         .        .          ' 
^1  South  Hadley,  .         .          | 
l^  Williamsburg,  .         .         J 

Charles  S.  Shattuck, 

Hatfield. 

4th, 

^Amherst,  .         .         .         ") 
)  Belchertown,     .         .          > 
(.Granby,     .         .         .         ) 

Myron  S.  Barton,  . 

Belchertown. 

6th, 

f  Enfield,     .        .         .         ^ 

Greenwich, 
<;  Pelham,     .        .        .          )■ 
1  Prescott,    ...          1 
tWare,        .         .        .         j 

George  D.  Storrs,  . 

Ware. 

728 


House  of  Kepresentatives. 
county  of  hampden. 


Town  or  Ward. 


Xame  of  Representative. 


1st, 


2d, 

3d, 
4th, 
5th, 

6th, 

7th, 
8th, 


9th, 


10th, 


( Chester,  . 
I  Blandford, 
'  Tolland,  . 
j  Granville, . 
I  Southwick, 
l^Agawam,  .        .        .         j 

f  Montgomery,    .         .  'I 

!  Russell,     ...  ! 

]  Westfiekl,          .         .  f 

(^  West  Springfield,      .  j 

Holyoke,  Wards  5,  6,  7,     . 

Holyoke,Wards  1, 2, 3,  4,    . 

Chicopee,  Wards  1-7, 

Springfield,  Wards  1, 4,  8,  j 

Springfield,  Ward  5, 

Springfield,  Wards  2,  3, 

6,7,        . 

'  East  Longmeadow, 

Longmeadow, 
,  Hampden, 
;  Wilbraham, 

Monson,    . 
t  Wales,       ...         J 

f  Ludlow,    .        .        .         '] 
\  Palmer,     .  ' 

j  Brimfield, 
1^  Holland,    . 


Calvin  S.  Miller, 


S.  Augustus  Allen, 
Henry  M.  Van  Deusen, 


Patrick  J.  Kennedy, 

John  F.  Sheehan,  , 

Henry  J.  Boyd, 

George  F.  Fuller,  . 
Willmore  B.  Stone, 

Charles  L.  Young, 

Benjamin  C.  Harvey, 
Francis  R.  Richmond, 


Charles  W.  King,  . 


Thomas  W.  Kenefick, 


Southwick. 


Westfield. 
Westfiekl. 


Holyoke. 

Holyoke. 

Chicopee. 

Springfield. 
Springfield. 

Springfield. 

Springfield. 
Springfield. 


Monson. 


Palmer. 


COUNTY   OF   FRANKLIN. 


1st, 


^Greenfield, 
<  Shelburne, 
(_Bernardston, 


'  Herbert  C.  Parsons, 


Greenfield. 


House  of  Representatives. 

COUNTY  OF  FRANKLIN  —  Concluded. 


729 


Town  or  Ward. 


Name  of  Representative. 


2d, 


od, 


4th, 


6th, 


f  Warwick,  , 
I  Orange, 
•{  New  Salem, 
I  Erving, 
[^  Shutesbury, 

fNorthfield, 
'  Gill,  . 
I  Montague, 
l^  Wendell,  . 

( Leverett,   . 

Sunderland, 
<(  Whately,  . 
I  Deerfield,  . 
l^  Conway,    . 

fAshfield,    . 

Buckland, 

Chai'lemont, 

Colrain, 
^  Hawley, 

Heath, 

Leyden, 

Rowe, 
^^  Monroe, 


Edward  H.  Hardins:, 


Benjamin  W.  Mayo, 


John  B.  Packard,    . 


C.  Wells  Severence, 


Orange. 


Montague. 


Conway. 


Leyden. 


COUNTY  OF  BERKSHIRE. 


1st, 


2d, 


3d, 


New  Ashford, 
Williamstown, 
North  Adams, 
Florida, 
Clarksburg, 

Adams, 
Cheshire,  . 
Savoy, 

Hancock,  . 
Lanesborough, 
Lenox, 
Windsor,  . 
Peru, 

Hinsdale,  . 
Washington, 
Richmond, 


George  H.  Kearn,  . 
Clinton  Q.  Richmond, 


Thomas  Riley, 


Henry  R.  Van  Rensselaer, 


North  Adams. 
North  Adams. 


Adams. 


Lanesborouffh, 


730  House  of  Representatives. 

COUNTY  OF  BERKSHIRE  —  Concluded. 


Town  01"  Ward. 


Name  of  Representative. 


4th, 
5th, 

6th, 
7th, 


^  Pittsfield,  Wards  l-^ 
}  Dalton, 

^  Stockbridge, 
<  Lee,  . 
(^Becket, 

(  West  Stockbridge, 
Alford,       . 
Egremont, 
Great  Bavrington, 

(  Monterey, 

Otis,  . 
I  Sandisfield, 
•{  New  Marlborough, 

Sheffield,  . 
I  Mt.  AYashington, 
(^Tyringham, 


George  W.  Bailey, 
William  Tolman,   . 


Daniel  B.  Fenn, 


Charles  W.  Ray, 


Edward  O.  North  way. 


Pittsfield. 
Pittsfield, 


Stockbridsre. 


Gt.  Barrino'ton. 


Sandisfield. 


COUNTY  OF  NORFOLK. 


1st, 

2d, 
3d, 

4th, 
5th, 
6th, 

7th, 


8th, 


Dedham,    . 
Norwood,  . 

Brookline, 

Hyde  Park, 

Milton, 
Canton, 


Quincy,  Wards  1-6, 
Weymouth, 


^  Braintree, . 
f  Holbrook, 

f  Randolph, 
I  Stoughton, 
■{  Avon, 
I  Sharon, 
l^Walpole,  . 

f  Franklin,  . 
I  Foxborough, 
J  Wrentham, 
I  Bellingham, 
I  Medway,   . 
1^  Norfolk,    . 


Henry  D.  Humphrey, 

Charles  H.  Utley,  . 
Charles  F.  Light,    . 

John  Malcolm  Forbes, 

James  H.  Flint, 
Thaddeus  H.  Newcomb 
James  Thompson, . 

Will  W.  ISIavhew,  . 


George  W.  Porter, 
George  Albert  Wales, 


Daniel  Brown, 
Jefferson  C.  Gallison, 


Dedham. 

Brookline. 
Hyde  Park. 

Milton. 

Weymouth. 

Quincy. 

Quincy. 

Braintree. 


Avon. 
Stoughton. 


Wrentham. 
Franklin. 


House  of  Representatives. 

COUNTY  OF  NORFOLK  — Concluded. 


731 


District.                         Town  or  Ward. 

Name  of  Representative. 

Residence. 

9th, 

f  Needham,  .         .        .        " 
1  Dover, 
<i  Medfield,   . 
Wellesley, 
iMillis,        .         .         .        ; 

' 

Albert  Clarke, 

Wellesley. 

COUNTY  OF  PLYMOUTH. 


1st, 

riyiuouth, 

Horace  P.  Bailey,  , 

Plymouth. 

f  Marshfield, 

^ 

> 

2d, 

J  Plympton,  . 
;  Kingston,  . 
l^  Duxbury,   . 

( Scituate,     . 

J 

Albert  T.  Sprague, 

Marshfield. 

3d, 

!  Norwell,    . 
j  Hanson, 
1^  Pembroke, 

1 
J 

Lloyd  F.  Hammond, 

Norwell. 

4th, 

("Cohasset,    . 
)  Hingham,  . 
(Hull,  . 

} 

Walter  L.  Bouve,  . 

Hingham. 

6th, 

<  Rockland,  . 
}  Hanover,    . 

\ 

Joshua  S.  Gray, 

Rockland. 

6th, 

K  Whitman,  . 
)  Abington,  . 

\ 

Ernest  W.  Calkins, 

Abington. 

7th, 

(  Mattapoisett, 
1  Marion, 
■{  Wareham, . 
Rochester, . 
[  Carver, 

> 
1 
J 

Harvey  Crocker,    . 

Wareham. 

8th, 

^  Middleborough, 
)  Lakeville,  . 
(Halifax,      . 

s 

Samuel  S.  Bourne, 

Middleboro'. 

9th, 

C  Bridgewater, 
)  East  Bridgewat( 
(West  Bridgewat 

er. 

} 

Francis  M.  Kingman,     . 

E.  Bridgewater. 

10th, 

Brockton,  Wards  4, 5 

,6, 

A.  Webster  Butler, 

Brockton. 

11th, 

Brockton,  Wards  2,  3 

Frederic  Hanson,   . 

Brockton. 

12th, 

Brockton,  Wards  1,  7 

Charles  W.  Tilton, 

Brockton. 

732 


House  of  Representatives. 

COUNTY   OF   BRISTOL. 


Town  or  Ward. 


Name  of  Representative. 


1st, 

2d, 

3d, 

4th, 

5th, 
6th, 
7th, 
8th, 
9th, 

10th,' 


f  Attleborough,   . 
J  North  Attleborough,. 
j  Norton, 
[ Seekonk,   . 

^Mansfield, 
)  Easton, 
(^Raynham, . 

5  Taunton,  Wards  1-8, 
I  Berkley,    . 

^Fairhaven, 
}  Acushnet,  . 
Q  Freetown,. 

5  New  Bedford,  Wards 
^      1,2, 3,    . 

5  New  Bedford,  Wards 
I      4,  5,  6,    . 

^  Westport,  . 
I  Dartmouth, 

5  Fall  River,  Wards  1, 
}      2,3,4,6,        .         . 

S  Fall  River,  Wards  5, 

^     7,  8,  9,    . 

fDighton,  . 
J  Somerset,  . 
j  Swanzey,  . 
(^  Rehoboth, . 


Burrill  Porter,  Jr., 
Mark  O.  Wheaton, 


George  G.  Withington,  . 

T.  Preston  Burt,  . 
E.  Clarence  Holt,  . 
William  W.  Waterman, 

Nathan  R.  Davis,    . 


Thomas  M,  Denham, 
Samuel  Ross, . 

Frank  W.  Francis, . 
Fred  D.  Stanley,     . 

John  O.  Slocum,     . 

J.  Dwight  Brady,  . 
Thomas  Donahue, . 
James  Driscoll, 

Charles  E.  Mills,  . 
David  F.  Slade,      . 


Frank  M.  Trafton, . 


N.  Attleboro'. 
Attleborough. 


Easton. 

Taunton. 
Taunton. 
Taunton. 

Freetown. 


New  Bedford, 
New  Bedford. 

New  Bedford, 
New  Bedford. 

Dartmouth. 

Fall  River. 
Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 


Somerset. 


COUNTY   OF   BARNSTABLE. 


1st, 


f  Falmouth, . 

Bourne, 
I  Sandwich,. 
■{  Mashpee,  . 

Barnstable, 
I  Yarmouth, 
1^  Dennis, 


Charles  C.  Crocker, 
Seba  A.  Holton, 


Barnstable. 
Falmouth. 


House  of  Representatives.  733 

COUNTY   OF   BARNSTABLE  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Kesideiice. 

f  Harwich,  . 

1 

11 

2d, 

'  Chatham,  . 
1  Brewster,  . 
(^Orleans,     . 

Theophilns  B.  Baker,     . 

Harwich. 

fEastham,  . 

1 

3d, 

J  Wellfleet,  . 

1  Truro, 

[  Provincetown,  . 

J  j 

Luther  Nickerson, . 

Provincetown. 

COUNTY   OF   DUKES   COUNTY. 


1st, 


fChilmark, 
I  Cottage  City, 
I  Edgartown, 
<{  Gay  Head, 
Gosnold,    . 
I  Tisbury,    , 
(^  West  Tisbury, 


Otis  Foss, 


Cottage  City, 


COUNTY    OF   NANTUCKET. 


1st, 


Nantucket, 


Jolm  J.  Gardner, 


Nantucket. 


GEORGE  T.  SLEEPER, 
DANIEL  W.  WALDRON, 
JOHN  G.  B.  ADAMS, 


Clerk. 
Chaplain. 
Sergeant-al-A  nns. 


734 


Judicial  Department. 


JUDICIAL   DEPAETMENT. 


SUPREME     JUDICIAL    COURT. 
CHIEF    JUSTICE. 


WALBRIDGE   A.  FIELD, 


of  Boston. 


ASSOCIATE    JUSTICES. 


CHARLES  ALLEN,  . 

OLIVER   WENDELL   HOLMES, 

MARCUS  P.   KNOWLTON,    . 

JAMES   M.   MORTON,     . 

JOHN  LATHROP,    . 

JAMES   MADISON   BARKER, 


of  Boston, 
of  Boston, 
of  Springfield, 
of  Fall  River., 
of  Boston, 
of  Pittsfield. 


SUPERIOR     COURT. 
CHIEF    JUSTICE. 


ALBERT   MASON, 


ASSOCIATE    JUSTICES, 

CALEB   BLODGETT, 
JOHN   W.   HAMMOND, 
JUSTIN  DEWEY,    . 
EDGAR  J.   SHERMAN, 
JAMES  R.   DUNBAR, 
ROBERT  R.   BISHOP, 
DANIEL   W.  BOND, 
HENRY  K.   BRALEY, 
JOHN   HOPKINS,     . 
ELISHA  BURR  MAYNARD, 
FRANKLIN   G.   FESSENDEN, 
JAMES   B.   RICHARDSON,     . 
CHARLES   S.   LILLEY,  . 
HENRY   N.    SHELDON,  . 
FRANCIS   A.   GASKILL, 


of  Brookline. 


of  Boston, 
of  Cambridge, 
of  Springfield, 
of  Lawrence, 
of  Brookline. 
of  Newton, 
of  Northamj^ton, 
of  Fall  River, 
of  Millbury. 
of  Sjyringficld. 
of  Greenfield, 
of  Boston, 
of  Lowell, 
of  Boston, 
of  Worcester. 


Judicial  Department. 


735 


JUDGES   OF   PROBATE   AND 
JOHN  W.  McKIM,  Boston, 
ROBERT  GRANT,  Boston, 
ROLLIN  E.  HARMON,  Lynn,    . 
CHARLES  J.  McINTlRE,  Cambridge,      . 
GEORGE  FIELD  LAWTON,  Lowell, 
WILLIAM  T.  FORBES,  Westborough,      . 
WILLIAM  G.  BASSETT,  Northampton,  . 
CHARLES  L.  LONG,  Springfield,      . 
CHESTER  C.  CONANT,  Greenfield, . 
EDWARD  T.  SLOCUM,  Pittsfield,     . 
GEORGE  WHITE,  Newton, 
BENJAMIN  W.  HARRIS,  East  Bridge  water, 
WILLIAM  E.  FULLER,  Taunton,      . 
HIRAM  P.  HARRIMAN,  Wellfleet,   . 
JOSEPH  T.  PEASE,  Edgartown,       . 
THADDEUS  C.  DEFRIEZ,  Nantucket,      . 


INSOLVENCY. 

.  Suffolk. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Beuksiiire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


REGISTERS   OF   PROBATE   AND 

ELIJAH  GEORGE,  Boston, 
JEREMIAH  T.  MAHONEY,  Salem,  . 
SAIMUEL  H.  FOLSOM,  Winchester, . 
GEORGE  H.  HARLOW,  Worcester,  . 
HUBBARD  M.  ABBOTT,  Northampton, 
SAMUEL  B.  SPOONER,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
FRED.  R.  SHAW,  Adams,  . 
JONATHAN  COBB,  Dedham,    . 
JOHN  C.  SULLFV^AN,  Middleborough, 
ARTHUR  M.  ALGER,  Taunton, 
FREEMAN  H.  LOTHROP,  Barnstable, 
BERIAH  T.  HILLMAN,  Edgartown, 
HENRY  RIDDELL,  Nantucket, 


INSOLVENCY. 

.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  avorcester. 

.  Hampshire. 

,  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT   ATTORNEYS, 
OLIVER  STEVENS,  Boston,     . 
FRED  N.  WIER,  Lowell,    .... 
ALDEN  p.  WHITE,  Danvers,     . 
ROBERT  O.  HARRIS,  East  Bridgewater, 
ANDREW  J.  JENNINGS,  Fall  River,       . 
HERBERT  PARKER,  Lancaster, 
CHARLES  L.  GARDNER,  Palmer,    . 
JOHN  C.  HAMMOND,  Northampton, 


Suffolk. 

Northern. 

Eastern. 

Southeastern. 

Southern. 

Middle. 

Western. 

Northwestern. 


736 


Judicial  Department. 


SHERIFFS 
JOHN  B.  O'BRIEN,  Boston,       . 
SAMUEL  A.  JOHNSON,  Salem, 
HENRY  G.  GUSHING,  Lowell, 
ROBERT  H.  CHAMBERLAIN,  Worcester 
JARIUS  E.  CLARK,  Northampton,   . 
EMBURY  P.  CLARK,  Springfield,     . 
ISAAC  CHENERY,  Montague,  . 
CHARLES  W.  FULLER,  North  Adams, 
AUGUSTUS  B.  ENDICOTT,  Dedham, 
ALPHEUS  K.  HARMON,  Plymouth, 
EDWIN  H.  EVANS,  Taunton,   . 
JOSEPH  WHITCOMB,  Provincetown, ' 
JASON  L.  DEXTER,  Edgartown,      . 
JOSIAH  F.  BARRETT,  Nantucket,   . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

HAMPDE>r. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS   OF   COURTS. 
HENRY  A.  CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial 

monwealth. 
JOHN  NOBLE,  Boston,  Supreme  Judicial  Court, 
JOSEPH  A.  WILLARD,  Boston,  Sup.  Ct.,  Civil  Bus, 
JOHN  P.  MANNING,  Boston,  Sup.  Ct,,  Crim.  Bus 
DEAN  PEABODY,  Lynn,   . 
THEODORE  C.  HURD,  Winchester, 
THEODORE  S.  JOHNSON,  Worcester, 
WILLIAM  H.  CLAPP,  Northampton, 
ROBERT  O.  MORRIS,  Springfield,   . 
EDWARD  E.  LYMAN,  Greenfield,    . 
HENRY  W.  TAFT,  Pittsfield,     . 
ERASTUS  WORTHINGTON,  Dedham, 
EDWARD  E.  HOB  ART,  Bridge  water, 
SIMEON  BORDEN,  Fall  River, 
SMITH  K.  HOPKINS,  Barnstable,     . 
SAMUEL  KENISTON,  Edgartown,  . 
JOSIAH  F.  MURPHEY,  Nantucket,  . 


Court  for  the  Com- 

.  Suffolk. 

■  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


Membeks  of  Congress. 


737 


MEMBERS  OF  THE  FIFTY-FOURTH  CONGRESS. 


[Congressional  Districts  established  by  Chap.  396,  Acts  of  1891.] 


GEORGE  F.  HOAR, 
HENRY  CABOT  LODGE, 


Senators. 


of  Worcestei'. 
of  Nahant. 


Representatives. 
District  I.  — ASHLEY   B.   WRIGHT,  . 

n.  — FREDERICK  H.   GILLETT, 

III.  — JOSEPH   H.   WALKER,  . 

IV.  — LEWIS  DEW  ART   APSLEY,, 
v.  — WILLIAM   S.   KNOX,      . 

VI.  —  WILLIAM  H.   MOODY,  . 
A^L  — WILLIAM   E.   BARRETT, 
VIII.  — SAMUEL  W.   McCALL, . 
IX.  — JOHN   F.  FITZGERALD, 
X.  — HARRISON   H.   ATWOOD, 
XL  — WILLIAM   F.   DRAPER, 
XII.  — ELIJAH   A.   MORSE, 
XIII— JOHN   SIMPKINS,  . 


of  North  Adams, 
of  Springfield, 
of  Worcester, 
of  Hudson, 
of  Lawrence, 
of  Haverhill, 
of  Melrose 
of  Winchester, 
of  Boston, 
of  Boston, 
of  Hopedale. 
of  Canton, 
of  Yarmouth. 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that  duty  under  Chapter  238  of  the  Acts  of  1882, 
which  directs  the  Governor  to  appoint  some  person  to  prepare 
"tables  showing  w4iat  general  statutes  have  been  affected  by  sub- 
sequent legislation,  in  such  manner  as  to  furnish  ready  reference  to 
all  chanjjes  in  such  statutes." 


TABLES 


SHOWING 


WHAT   GENERAL    STATUTES    OF   THE    COMMONWEALTH 

HAVE   BEEN   AFFECTED    BY   SUBSEQUENT 

LEGISLATION. 


I. 
CHANGES   IN   THE   '*  PUBLIC   STATUTES." 


Chapter  1.  —  Of  the  Jurisdiction  of  the  Commonwealth  and.  Places 
ceded  to  the  United  States. 

Sect.  1.  Provision  is  made  for  clefiuiug  the  boundary  line  between 
Massachusetts  and  Rhode  Island.  St.  1883,  113,  154.  Between  Massa- 
chusetts and  New  Hampshire.  Res.  1885,  73;  1886,58;  1890,73;  1891, 
70  ;  1895,  106.  And  between  Massachusetts,  New  Hampshire  and  Ver- 
mont.    Res.  1893,  87. 

Sect.  3.  A  part  of  Gallop's  island  in  Boston  harbor  is  added.  St. 
1889,  27.  And  certain  lauds  in  Winthrop.  St.  1891,  81.  And  in  Taun- 
ton.    St.  1891,  197. 

Sect.  4.  Lands  for  the  use  of  the  United  States  fisheries  commission 
added.     St.  1882,  131. 

Chapter  2.  — Of  the  General  Court. 

Legislation  recommended  by  State  boards,  etc.,  shall  be  reported  to  the 
secretary  of  the  Commonwealth  before  first  Wednesday  in  Januar3^  St. 
1893,  144. 

The  employment  of  legislative  counsel  and  agents  is  regulated  and  pro- 
vision made  for  returns  of  expenses  therefor.  St.  1890,  456;  1891,  223; 
1895,  410  ;  1896,  342.      (See  1891,  349  ;   1894,  298.) 

Sect.  5  et  seq.  Manner  of  publishing  notice  and  presenting  petitions 
changed  in  certain  cases.  St.  1885,  24;  1890,  302;  1896,  381.  (See 
1885,  371  ;   1888,  375  §  3.) 

Sects.  15,  16.  Compensation  of  members  changed.  The  issuing  to  or 
acceptance  by  them  of  railroad  tickets  free,  or  at  less  than  usual  rates,  is 
forbidden.     St.  1892,  59.      (See  1884,  319  ;   1886,  352  ;   1894,  359.) 


742  Changes  in  the  [Chaps.  3, 4. 

Sects.   17,  18.     Compensatiou  of  door-keepers,  messengers,  postmaster 
and   pages  fixed.     St.    1895,    193.     (See    1882,   257;    1887,    116.     Res. 

1894,  86.) 

Sects.  21,   22.     Clerks'  salaries  fixed  and  allowance  made  for  clerical 
assistance.     St.   1884,   329,334;    1888,1;   1894,   394.    (See   1882,  257.) 
Sects.  24,  35  repealed.     St.  1884,  60. 
Sect.  27.     Number  of  door-keepers,  etc.,  increased.     St.  1882,  257  §  4  ; 

1895,  11. 

Sect.  32.     See  St.  1892,  124;  1893,  417  §  137. 

Sect.  34.     Additional  holidays.     St.  1882,  49  ;    1887,  263.     Fast    Day 
abolished  and  April  19  made  a  holiday.     St.  1894,  130;  1896,  162. 


Chapter  3.  — Of  the  Statutes. 

A  commission  is  established  to  promote  uniformity  of  legislation  in  the 
United  States.     St.  1891,  405  ;  1893,  311. 

Provision  for  codification  of  public  statutes.     Res.  1896,  87. 

Sect.  1.  When  an  act  is  to  be  voted  on  for  acceptance  by  a  municipal 
or  other  corporation,  a  return  of  the  vote  must  be  made  to  the  secretary  of 
the  Commonwealth.     St.  1883,  100. 

Sect.  3.     Words  "mayor  and  aldermen"  defined.     St.  1882,  164. 

"Net  indebtedness"  of  towns,  cities  and  districts  defined.  St.  1883, 
127. 

Legal  notices  may  be  published  in  a  periodical  devoted  exclusively  to 
legarnews.     St.  1885,  235. 

Word  "gaming"  includes  lotteries,  policy,  pool  buying  or  selling  and 
registering  bets.     St.  1895,  419  §  1. 


Chapter  4.  —  Of  the  Printing  and  Distribution  of  the  Laws  and  Public 

Documents. 

This  chapter  is  revised.  St.  1894,  393;  1895,  96,  238,  250,  290,  363, 
463  §2;  1896,  86,  189,  221,  223,  258.  (See  1882,  6,  158;  1883,55; 
1884,  166;  1885,  369;  1886,  346  §  2 ;  1887,  118;  1888,  23,85,  122,  186, 
191,  256,  383;  1889,  32,  35,  124,  150,  164,  212,  440;  1890,  50,  97,  126, 
223  §  3,  423  §  118;  1891,  76,  191,  193,  292;  1892,  140;  1893,  70,  108, 
223,  413,  417  §204,  438;  1894,  200.  Res.  1886,  36;  1891,  60;  1894, 
20;  1896,  5,  26,  27,  33,  35,  42,  61,  70,  88,  96,  99,  111.) 

Provision  is  made  for  publishing  tables  of  changes  in  the  general  statutes. 
St.  1882,  238.  For  reports  of  election  cases.  Res.  1886,  36.  For  reports 
of  capital  cases.  St.  1886,  214.  For  supplements  to  the  Public  Statutes. 
St.  1888,  383.  Res.  1891,  60.  St.  1895,  363.  Histories  of  certain  Massa- 
chusetts soldiers  and  sailors.  St.  1889,  374;  1891,  235.  Res.  1891,  100; 
1892,  67.      (See  St.  1893,  411,  413.     Res.  1895,  62,  104.     Res.  1896,  87.) 

Provision  made  for  pavment  of  postage  and  express  charges  on  certain 
public  documents.     St.  1895,  93.      (See  1889,53;   1892,422.) 

No  illustrations  shall  be  introduced  into  printed  reports  to  the  governor 
or  legislature  unless  authorized  by  law,  or  approved  by  secretary  of  state. 
St.  1896,  258. 


Chaps.  5-7.]  PuBLIC    STATUTES.  743 


Chapter  5.  — Of  the    State  House,  the  Serge ant-at- Arms  and   State 

Library. 

Additional  accommodations  are  provided  for.  St.  1882,  262 ;  1888, 
349  ;  1889,  300,  394  ;  1892,  404,  438  ;  1893,  450  ;  1894,  532.  (See  1891, 
224  ;  1893,  129,  325  ;  1895,  39,  490  ;  1896,  531,  549.  Res.  1891,  21,  25  ; 
1892,  34,  96.)  Portraits  of  governors  to  be  collected.  Res.  1890,  58; 
1895,  54. 

Sects.  4,  6,  9.  10.  The  duties  of  the  sergeant-at-arms  are  revised. 
St.  1884,  14;  1887,  128;  1889,  53;  1890,  456  §2;  1891,  223;  1894, 
230  §  2,  298;  1895,  11,  284. 

He  shall  give  bond  for  faithful  performance  of  duties  and  accounting. 
St.  1895,  284  §  3. 

Clerk  provided  for.  St.  1887,  128.  Salaries  fixed  :  Sergeant-at-arms. 
St.  1895,  284  §  2.  (See  1884,  333;  1887,  128.)  Clerk.  St.  1893, 
358.  (See  1887,  128.)  Messenger.  St.  1893,  409.  Certain  exi^enses 
provided  for.     St.  1894,  314;   1895,  10,  365.      (See  Res.  1895,  68.) 

Sect.  12  is  revised.  Contingent  expenses  of  the  council  and  officers  in  the 
State  House  are  omitted.    St.  1887, 128.    Authority  enlarged.    St.  1894,  531. 

Sect.  15  et  seq.  The  trustees  and  librarian  are  authorized  to  prepare  an 
index  of  current  events.     St.  1892,  140. 

Sect.  17  repealed.  Appointment  of  trustees  and  librarian  regulated  and 
salaries  fixed.     St.  1893,  86.     (See  1887,  209  ;  1892,  287.) 

Sect.  18.  Additional  allowance  made  for  assistance  in  State  librar3\ 
St.   1891,  24.     (See  1882,  29;  1886,  6G.) 

Sect.  20.  Appropriation  for  books,  furniture,  etc.,  increased.  St.  1888, 
24.     (See  1882,  196.) 

Chapter  6.  —  Of  the  Qualification  and.  Registration  of  Voters. 

This  chapter  is  revised.  St.  1893,  417  §§  13-70;  1894,  268,  271,  291  ; 
1895,  2,  27.  61,  207,  220,  489,  502  ;  1896,  73,  109,  469.  (See  1882,  247, 
268;  1884,  298;  1885,  246,  271  §  6,  345  §  7  ;  1886,  68,  264;  1887,  249, 
329,  432;  1888,  200,  206;  1889,  69,  196,  337  §  1,  404;  1890,  393,  423 
§§  2-65,  208  ;  1891,  242,  277,  286,  290,  395  ;  1892,  351 ;  1893,  209,  351  ; 
1895,  425  ;  1896,  363,  527,  547.     Amendments  to  constitution,  arts.  3,  32.) 

Chapter  7.  —  Of  the  Manner  of  Conducting  Elections  and  Returning 

Votes. 

This  chapter  is  revised,  and  the  laws  relating  to  elections  codified  and 
consolidated.  St.  1893,  417,  465;  1894,  132,  200,  209,  275,  343,  504 
1895,  196,  220,  237,  240,  242,  244,  253,  262,  275,  285,  299,  323,  355,  489 
502,  507,  508;  1896,  244,  383,  469,  518.  (See  1882,  28,  74,  260;  1883 
42,  100,  229;  1884,  299;  1885,  108,  142,  159,  229,  248,  268,  351  ;  1886 
49,  262,  264;  1887,  272, 371  ;  1888,  146,  164,  203,  353,  434,  436, 437,  441 
1889,  191,  413;  1890,  175,  219,  223,  254,  381,  386,  393,  423,  436;  1891 
10,  31,  74,  155,  238,  256,  264,  269,  270,  278,  305,  314,  328,  329,  336 
1892,  51,  115,  124,  190,  224,  279,  316,  332,  368,  405,  406,  416,  431  ;  1893 
39,  87,  146,  177,  209,  304,  307,  308,  349,  351,  376;  1894,  248,  385  §  2 
449  ;  1895,  89,  436,  502  ;  1896,  363,  393,  527.) 


744  Changes  in  the  [Chaps,  s-u. 

Political  committees  and  caucuses  are  regulated.     St.  1895,  489,  502, 
507;  1896,109,435,469.    (See  1888,  441  ;  1893,  417  §§  71-74  ;  1894,504.) 
Provision  for  inquests  in  election  cases.     St.  1895,  355. 
An  act  relative  to  the  State  ballot  law  commission.     St.  1896,  383.     (See 

1889,  413;   1890,  436  §  5  ;   1891,  270;   1892,  406;   1893,  417  §§  92-95; 
1893,  343.) 

McTammany  voting  machines  are  authorized.  St.  1893,  465  ;  1896,  498. 
And  stamps  for  marking  ballots.     St.  1896,  518. 

Chapter  8.  — Of  the  Election  of  Governor  and   other  State  Officers. 

This  chapter  is  revised.  St.  1893,  417  §§  146,  247,  285,  306,  307. 
(See  1884,  299  §  7  ;  1885,  107  ;  1886,  262  §  5  ;  1890,  423  §§  146-164,  228.) 

New  senatorial  and  councillor  districts  are  established,  and  new  apportion- 
ment made  of  representatives.     St.  1896,  509.     (See  1886,  256,  338,  348.) 

Chapter  9.  —  Of  the    Election  of  Representatives  in  Congress  and. 
Electors  of  President  and  Vice  President. 

This    chapter  is  revised.     St.   1893,  417,  Title   IX.      (See  1888,  382; 

1890,  423  §§  165-187,  228;  1892,  279.) 

New  congressional  districts  established.  St.  1896,  519.  (See  1891, 
396.)    The  requirement  of  residence  in  the  district  is  omitted.     St.  1882,  253. 

Chapter  10.— Of  the  Election  of  District  and  County  Officers. 

This  chapter  is  revised.  St.  1893,  417,  Title  IX.  (See  1890,  423 
§§  188-207;   1892,  115;  1893,  39.) 

The  office  of  commissioner  of  insolvency  is  abolished.  St.  1895,  100. 
(See  Res.  1894,  87.) 

Chapter  11.  —  Of  the  Assessment  of  Taxes. 

Provision  is  made  for  a  State  tax  on  certain  collateral  successions  and 
grants.     St.  1891,  425  ;  1892,  379  ;  1893,  432  ;  1895,  307,  430  ;  1896,  168. 

Polls  and  estates  established  as  a  basis  for  apportionment  of  State  and 
county  taxes.  St.  1895,  90.  (See  1883,  71 ;  1886,  73  ;  1889,  103  ;  1892, 
96.) 

The  rate  of  taxation  is  limited  in  cities.  St.  1885,  312  §  1  ;  1893,  247, 
445.      (See  1885,  178;   1887,  226.) 

Provision  for  assessment  of  property  held  for  water-supply  purposes  in 
another  city  or  town.     St.  1893,  352. 

The  assessors  may  divide  any  ward  in  a  city  into  convenient  assessment 
districts.     St.  1889,  115. 

They  shall  print  and  distribute  in  cities  and  certain  towns,  and  post  in 
other  towns,  lists  of  voters  and  polls.  St.  1893,  417  §  18.  (See  1884, 
298  §  19;  1888,  206;  1890,  305,  423  §§  25,  26;  1891,  277;  1892,  351 
§§  7-10.) 

Sect.    1.     As  to  poll  taxes  on  females,  see  St.  1893,  417  §§  14,  16. 

Sect.  4.  "Or  indebtedness"  substituted  for  "due"  in  sixth  line.  St. 
1882,  76.  But  see  St.  1888,  363.  Words  "  this  proviso  shall  apply  to 
corporations  mentioned  in  Pub.  St.,  ch.  13  §  46,"  added.     St.  1887,  228. 


Chap.  ll.J  PuBLIC    STATUTES.  745 

Railroad  bonds  are  made  taxable.     St.  1888,  363. 

Personal  property  leased  for  profit  is  made  taxable,  where  situate,  to  the 
owner  or  person  having  possession.     St.  1889,  446. 

Sect.  5,  cl.  3,  is  revised.  Certain  societies  and  associations  are  added. 
St.  1889,  465.      (See  1882,  217  §  2  ;   1886,  231  ;   1888,,  158.) 

Cl.  9.  Certain  real  estate  of  incorporated  horticultural  societies  is  ex- 
empted.    St.  1884,  176. 

Cl.  10.  It  does  not  affect  the  exemption  that  the  property  is  owned  in 
common  with  others.     St.  1885,  169. 

Cl.  11.  Domestic  fowls  to  the  value  of  fifteen  dollars  exempted.  St. 
1894,  220. 

Cl.  12.  See  St.  1884,  298  §  7.  Property  of  certain  disabled  soldiers 
and  sailors  exempted  to  the  amount  of  $2,000.  St.  1895,  202.  (See 
1894,  315.) 

Sect.  6.     See  St.  1883,  189. 

Sect.  10.  The  provisions  of  this  section  are  extended.  St.  1893,  149. 
(See  1887,  373;  1889,  286;   1891,  116.) 

Sect.  13.  The  person  appearing  as  the  owner  of  record  is  to  be  held  to 
be  the  true  owner  even  though  deceased.     St.  1889,  84. 

Sect.  14  amended.  "Taxable  real  estate,"  in  first  line,  changed  to 
"real  estate  not  exempt  from  taxation  under  section  five  of  this  chapter." 
St.  1882,  175  §  3. 

Sects.   14-16.     See  St.  1888,  390,  §§  32-34;   1889,  334. 

Sect.  20.  Provision  made  for  assessment  of  personal  property  held  by 
an  assignee  in  insolvency,  or  for  creditors  ;  and  of  personal  property  held 
by  joint  owners  or  tenants  in  common,  other  than  partners.  St.  1882, 
165. 

Royalty-paying  machines  are  assessable.  St.  1887,  125.  Personal  prop- 
erty leased  for  profit  shall  be  assessed  where  situated.     St.  1889,  446. 

Cl.  2.  An  act  to  prevent  the  double  taxation  of  certain  machinery.  St. 
1894,  304. 

Cl.  5.     Amended  to  prevent  double  taxation.     St.  1894,  490. 

Cl.  6.     See  St.  1888,  390  §  26. 

Cl.  7.     See  St.  1891,  425. 

Sect.  31  et  seg.     See  St.  1885,  312;   1893,  247,  445. 

Sect.  34.     See  St.  1882,  133. 

Sect.  38.  Returns  of  mortgages  of  real  estate  provided  for.  St.  1882, 
175.  And  of  property  held  for  literary,  benevolent,  charitable  or  scientific 
purposes.  St.  1882,  217;  1888,  323.  Uniform  form  of  returns  provided 
for.     St.  1894,  294. 

Sect.  38  e«  seg.  See  St.  1884,  298  §§  11-14;  1888,  200,  206;  1890, 
423  §  17  ;  1893,  352,  417  §§  16-21. 

Sects.  38,  72.     See  Res.  1892,  55. 

Sect.  39  amended.     St.  1891,  381. 

Sect.  44.  Provision  for  abatement  without  a  new  list  in  certain  cases. 
St.  1894,  354. 

Sect.  49.  The  overlay  is  valid,  although  it  may  cause  the  tax  to  exceed 
the  legal  limit.  St.  1887,  226.  (See  1885,  312  ;  1887,  281 ;  1888,  362  ; 
1893,247,445.) 


746  Changes  in  the  [Chaps.  12, 13. 

Sect.  50.  Piovisiou  lor  free  iiccess  to  lists  of  valuation  and  assessment. 
St.  1888,  307. 

Sects.  52-55  are  amended  and  changes  made  in  returns.  St.  1883,  41, 
91;  1890,  242;  1891,  65.  (See  1885,  106;  1886,  56;  1887,  86.  Amend- 
ments to  constitution,  art.  32.)     As  to  Boston,  see  St.  1894,  318. 

Sect.  61.  Assessoi's  shall  certify  amount  assessed  upon  each  poll  as 
State  and  county  tax  respectively.     St.  1889,  467  §  1. 

Sect.  69.  Tenants  under  obligation  to  pay  taxes  may  apply  for  abate- 
ment.    St.  1888,  315.      (St.  1890,  127.) 

Sects.  69-76.  Appeal  may  be  made  to  superior  court.  Proceedings 
regulated.     St.  1890,  127;   1895,  75.      (See  1882,  218;  1893,  352  §  3.) 

Sect.  73.     See  St.  1884,  298  §  11  ;  1888,  200  ;  1890,  423  ;   1893,  417. 

Sect.  75.     Interest  allowed  on  taxes  abated.     St.  1894,  207. 

Sect.  77.     See  St.  1885,  67,  161. 

Sect.  78  is  revised.     St.  1888,  362.      (See  1886,  85.) 

Sect.  90.  Assessors  must  send  to  tax  commissioner  all  lists  and  state- 
ments received  of  exempt  property.     St.  1882,  217  §  3. 

Sect.  91.  Amount  of  sinking  funds  or  proportionate  annual  payments 
of  debts  must  be  given.     St.  1882,  133  §  2. 

Sect.  92.     As  to  Boston,  see  St.  1882,  252  §  5  ;   1892,  419  §  138. 

Sect.  93.  Apportionment  of  State  and  county  taxes  is  to  be  stated  on 
tax  bills  of  males  assessed  for  poll  tax  only,  and  they  are  not  entitled  to  a 
certificate  under  this  section.     St.  1889,  467  §  2.     (See  1884.  298  §  8.) 

Sects.  96,  97.  For  apportionments,  see  St.  1883,  71 ;  1886,  73  ;  1889, 
103;   1892,  96;   1895,  90. 

Chapter  12.  —  Of  the  Collection  of  Taxes. 

This  chapter  is  repealed,  and  the  law  as  to  the  collection  of  taxes  revised 
and  codified.  St.  1888,  390;  1889,  253,  334;  1890,  331;  1891,  288; 
1892,  109,  168,  370;  1893,  241  ;  1894,  537.  (See  1882,  243;  1883,  101  ; 
1884,  162,  242;  1886,  320;   1887,  110,  142.) 

The  service  of  process  in  the  collection  of  taxes  is  regulated.  St.  1892, 
168.  Provision  made  for  preservation  of  accounts,  papers  and  records 
relating  to  assessment  and  collection  of  taxes.     St.  1892,  370. 

State  treasurer  may  sue  to  recover  the  State  legacy  and  succession  tax. 
St.  1891,  425  §  18. 

Provision  to  prevent  excessive  charges  in  redemption  of  tax  titles.  St. 
1891,  288. 

Chapter  13.  — Of  the  Taxation  of  Corporations. 

Office  of  deputy  tax  commissioner  abolished  and  that  of  tax  commissioner 
and  commissioner  of  corporations  established ;  duties  defined  and  salary 
fixed.  St.  1890,  160;  1891,  233  §  2,  360;  1894,  484.  (See  1882,  217 
§  3,  252  §  5  ;  1887,  214  §  94,  342  §  1  ;   1890,  127  §  7.) 

Sect.  2.  Salaries  of  clerks  fixed  and  allowance  made  for  clerical  assist- 
ance.    St.  1887,  342  §  2  ;  1891,  342. 

Sect.  6.     See  St.  1882,  217  §  3,  252  §  5. 

Sects.  8,  9.  Provision  made  for  counsel  to  defend  suits  to  recover  a 
national  bank  tax  paid  to  a  city  or  town.  St.  1886,  332.  (See  1887,  142 
§  3;   1888,  3-90  §  95.) 


Chap,  14.]  PuBLIC    STATUTES.  747 

Sects.  17,  40.  Title  insurance  companies  are  to  be  taxed  under  these 
sections.     St.  1884,  180  §  5  ;  1887,  214  §§  62-64. 

Sect.   20.     Tlie  exemption  is  extended.     (See  ch.  116  §  20,  cl.  8.)      St 
1883,  248.      (See  1886,  77.) 

Sects.  20,  22.  Taxes  upon  savings  banks  to  be  assessed  by,  and  returns 
made  to  tax  commissioner.  St.  1890,  160  §  4.  Provision  for  repayment 
■of  tax  on  real  estate  used  for  banking  purposes.  St.  1890,  406  ;  189f,  171. 
Sect.  24  is  repealed.  The  capital  stock,  franchises  and  personal  estate. 
but  not  the  real  estate,  of  co-operative  banks  are  exempted.  St.  1890  63 
(See  1883,  98;  1885,  121  §  3.) 

Sect.  25  et  seq.  The  provisions  as  to  the  taxation  of  insurance  com- 
panies are  revised,  and  §§  26,  34,  37  are  amended.  St.  1887,  283  ;  1888, 
154;  1890,  197;   1892,  129.      (See  1887,  214  §§  19,  64.) 

Sect.  33  amended.  When  reinsurance  is  effected  otherwise  than  by 
licensed  resident  agent  no  deduction  is  to  be  made  for  sums  paid  therefor. 
St.  1888,  154.      (See  1887,  214;  1890,  197;   1892,  129.) 

Sects.  38-40.  Telephone  companies  are  to  be  taxed  under  these  sec- 
tions.    St.  1885,  238  ;   1886,  270. 

Sects.  40,  52,  53,  54,  57,  58,  59.  Taxation  of  safe  deposit,  loan  and 
trust  companies  regulated.     St.  1888,  413  §§  21-24. 

Sect.  43.     Taxation  of  foreign  mining,  quarrying,  land  and  oil  com- 
panies regulated.     St.   1882,   106;   1883,   74;   1884,  330  §  3;    1886,   230 
(See  1891,  341.) 

Sect.  46.  Corporations  mentioned  in  this  section  are  within  the  proviso 
of  ch.  11  §  4,  as  to  local  taxation.  St.  1887,  228.  Rate  of  taxation  fixed. 
St.  1895,  300. 

Sects.  61,  62.  Appeal  from  assessors  may  be  made  to  superior  court. 
Proceedings  regulated.     St.  1890,  127.      (See  1895,  75.) 

Chapter  14.  —  Of  the  Militia. 

This  chapter  is  revised.  St.  1893,  367,  439;  1894,  236;  1895,465; 
1896,  348,  425.  (See  1882,  97,  154  §  11,  178,  179  ;  1884,  45,  230  ;  1885, 
147,  236;  1886,  63,  105,  237;  1887,  411;  1888,  366,  384;  1889,  360; 
1890,  425;   1891,   232;  1892,  238,366;  1893,   193,231.     Res.  1882,  15- 

1890,  67.) 

A  naval  brigade  is  established.  St.  1892,  366  ;  1893,  367  §  29  ;  1894 
312;   1896,  182.      (See  1888,  366.)     And  a  nautical  training  school.     St! 

1891,  402;   1893,  124. 

Provision  made  for  armories  in  cities.  St.  1888,  384;  1894,  211.  (See 
1893,  367  §§  92-97;   1895,  465  §  5.) 

The  law  defining  what  bodies  of  men  may  parade  with  arms  is  revised 
St.  1895,  465  §  6.  (See  1887,  411  §  124;  1890;  425  §  10;  1893,  367 
§   124.     Res..  1890,  67.) 

Ambulance  corps  reorganized.     St.  1894,  236. 

Provision  is  made  for  appointment  of  a  State  military  and  naval  his- 
torian. St.  1889,  374;  1891,  235.  (See  Res.  1894,  14,  94;  1895,  62, 
104;  1896,  80.)  And  for  a  compilation  of  records  of  the  revolutionary 
war.  Res.  1891,  100.  And  of  the  grand  army  of  the  republic.  St.  1893, 
411.     (See  St.  1893,  413.) 


748  ChA]S-GES   in   the  [Chaps.  15,  16, 


Chapter  15.  —  Of  the    Executive  Department  and  the  Secretary  of 

the  Commonwealth. 

Provision  for  delegates  to  certain  national  conventions.     St.  1894,  376. 

Sects.   1-10.     Salaries    fixed:    Governor;    St.    1892,   101.      (See  1884, 

328;   1892,   59.)     Governor's  private  secretary  and  executive  clerk;    St. 

1891,  411.  (See  1884,  8;  1885,  77;  1887,83.)  Executive  messenger; 
1891,429.  (See  1884,  38;  1887,  221.)  Stenographer  ;  1892,  16.  Secre- 
tary of  the  Commonwealth;  1888,  385.  (See  1884,  79.)  First  and  second 
clerks;  1891,  410.  (See  1885,  87;  1886,  238.)  Third  clerk;  1893,  103. 
(See  1883,  48  ;  1887,  26.)  Allowance  for  messenger  and  clerk  hire  ;  1890, 
239;  1893,  112;  1895,  402.  And  for  extraordinary  expenses.  St.  1890, 
415.      (See  1884,  15;    1889,  101;   1890,  455.) 

The  secretary  is  required  to  give  bond  and  make  annual  reports.     St. 

1892,  262;   1893,  148;   1896,  443.     (See  1894,  393  §  7.) 

Sect.  2.  Salary  of  lieutenant  governor,  when  acting  governor,  fixed. 
St.  1896,  347. 

Sect.  9.  Additional  duties  of  the  secretary  :  As  to  elections.  St.  1893, 
417;  1895,  242.  (See  1888,  436  §§  13,  14;  1890,  223  §  3,  423  §  118; 
1891,  328,  329;  1892,  124,  416  §  18.  Res.  1896,  78.)  Changes  of 
names  of  corporations.  St.  1891,  360,  §  5.  As  to  returns  of  medical  exam- 
iners. St.  1885,  379  §§  4-6.  Department  records.  St.  1883,  99.  Res. 
1884,  60.  St.  1885,  337;  1894,  378.  (See  Res.  1893,30,  32.)  Reports 
recommending  legislation.  St.  1893,  144;  1896,  258.  State  printing. 
St.  1896,  248,  258.  (See  1893,  287.)  Care  of  Commonwealth  building. 
St.  1884,  14.     Sale  of  railroad  equipments,  etc.     St.  1894,  326  §  2.      (See 

1893,  413.)     Index  to  state  archives,  Res.  1896,  83. 

Sect.  12.  Form  and  device  of  the  great  seal  established.  St.  1885, 
288. 

Sect.  15  is  repealed.  Blank  forms  for  returns  are  to  be  furnished  by 
the  commissioners  of  prisons.     St.  1882,  226. 

Chapter  16.  — Of  the  Auditor,  Treasurer  and  Matters  of  Finance. 

The  par  of  exchange  established  by  U.  S.  Rev.  St.  §  3565  is  adopted. 
St.  1882,  110. 

Duties  of  auditor  extended.  St.  1882,  22;  1883,  258,  264;  1884,  179, 
207,  255  §  30;  1885,  41,  313,  371  §  2,  385;  1886,  300;  1887,  87;  1891, 
384;  1893,  287,  417  §  123. 

Provision  made  for  auditing  accounts  of  county  officers,  officers  of  infe- 
rior courts  and  trial  justices,  and  for  returns  and  payments  by  them.  St. 
1887,  438;  1888,  275;  1890,  216,  306,  380  §  3  ;  1893,  257,  270;  1894, 
183,  248.      (See  1886,  169;  1890,  204,  215.) 

Provision  made  for  an  agent  to  prosecute  claims  of  the  Commonwealth 
against  the  United  States.     Res.  1883,  45. 

Claims  under  St.  1862,  62 ;  1863,  254,  to  be  filed  with  the  auditor. 
St.  1882,  112.      (See  1894,  67.) 

Provisions  of  this  chapter  extended  to  advances  on  account  of  nautical 
training  school.     St.  1893,  124. 


Chap.  17.]  PUBLIO   STATUTES.  749 

Sect.  2.  Salaries  fixed.  Auditor;  St.  1889,  70.  (See  1885,  195.) 
Clerks;  St.  1891,  375.  Expert  iu  printing;  St.  1893,  287.  (See  1885, 
195;  1887,  30;  1888,  432.)     Clerical  assistance.     St.  1894,  397. 

Sect.  7.     Time  for  auditor's  report  changed.     St.  1884,  207. 

Sect.  17.  Clerks  and  clerical  assistance  provided  for,  and  salaries  of 
treasurer  and  clerks  fixed.  St.  1885,  263;  1886,  38,  334;  1889,  349; 
1891,  233 ;  1893,  432  ;  1895,  276,  392  ;  1896,  326  (See  1882,  111  ;  1883, 
164;  1885,  15;  1891,  310.)     Office  hours  regulated.     St.  1886,  257. 

Provisions  in  regard  to  trust  deposits.  St.  1891,  233  ;  1893,  224  ;  1894, 
522  §§  79,  94.      (See  1887,  214  §  94.) 

Sect.  18  superseded.     St.  1890,  160. 

Sects.  19,  26,  60.  Provision  for  management  of  surplus  accumulations 
of  sinking  funds.  St.  1891,  259.  (See  1893,  424.)  Certain  moneys  are 
to  be  paid  into  the  school  fund.     St.  1890,  335  ;  Res.  1894,  90. 

Treasurer  may  receive  from  the  United  States,  and  pay  over,  sums  for 
the  soldiers'  home.  St.  1890,  373.  (See  1889,  282.)  And  moneys 
from  cities  and  towns  in  su^jport  of  practice  and  model  schools.  St. 
1896,  133. 

Sect.  26.  Annual  financial  estimates  are  to  be  made  to  the  auditor. 
St.  1885,  41. 

Sect.  28.  Advances  for  small  expenses  and  method  of  accounting 
therefor  provided  for.  St.  1884,  179;  1887,  269  §5,  438;  1888,  180^, 
322;  1890,58;  1891,  54;  1893,  124;  1894,  245,  314;  1895,  10.  (See 
1895,  34.) 

Certain  unclaimed  funds  shall  be  paid  to  the  treasurer.     St.  1890,  330. 

Sect.  42  repealed,  and  power  of  committees  to  cause  hearings  to  be 
advertised  limited.     St.  1885,  371.      (See  1885,  24.) 

Sect.  52.  Payments  of  money  from  sales  of  public  property  regulated. 
St.  1884,  326. 

Sect.  53.  Suits  for  collateral  legacy  and  succession  tax  are  to  be  brought 
by  the  treasurer.     St.  1891,  425  §  18.     (See  1892,  379  ;   1893,  432.) 

Sect.  54.  Advances  on  account  of  monthly  salaries  authorized.  St. 
1895,  34. 

Sect.  55  extended  to  trust  and  safe  deposit  companies  approved  by  the 
governor  and  council.     St.  1891,  310. 

Sect.  60.     Additional  investments  are  allowed.     St.  1882,  130. 

Sects.  72,  73  repealed.  St.  1887,  438  §  8.  (See  1886,  169  ;  1888,  275  ; 
1890,  216,  306,  380;   1893,  270.) 

Chapter  17.  —  Of  the  Attorney-General  and  the  District  Attorneys. 

Sects.  1,  2.  Duties  and  authority  of  the  attorney-general  regulated. 
St.  1896,  490.      (See  1886,  216;   1888,  425.) 

Salaries  fixed.     St.  1889,  402.     (See  1896,  490  §  3.) 

Sect.  3.  Attorney-general  shall  appear  in  capital  cases  when  the  public 
interests  require  it.    ^St.  1891,  379  §  10;   1893,  324. 

Sect.  8  extended.     St.  1892,  159;  1894,  127;   1895,  373. 

Sect.  9.  Attorney-general  may  cause  reports  of  capital  cases  to  be  pub- 
lished.    St.  1886,  214.      (See  1890,  374;   1895,  372.) 

Sect.  10.     Allowance  for  coutiugeut  expenses  increased.     St.  1890,  388. 


750  Changes  in  the  [Chaps.  is,  i9. 

Sects.  13-15.  Salaries  fixed  and  assistants  allowed:  Eastern  district;. 
St.  1882,  156,  157;  1888,  289.  Middle;  1889,  250.  (See  1885,  168.) 
Assistant;    1888,    157;    1893,    138.      Southern;    1892,   319.      Assistant^ 

1893,  457.  South-eastern;  1888,  267.  Assistant,  1891,  113;  1894,  297. 
(See  1888,  267  §  2.)  Suffolk;  1887,  160.  First  assistant;  1892,  233. 
Second  assistant;    1887,   160.     Clerk;    1889,  238.      (See  1882,  245  §2; 

1887,  160.)     Western;  1887,97. 

Salaries  of  all  assistants  are  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth.    St.  1895,  424. 

Sect.  16.     See  St.  1888,  267  §  2  ;  1891,  113. 

Sect.   19  is  extended.     St.  1893,  345.     (See  1885,  379  §  7.) 

Chapter  18.  —  Of  Notaries  Public  and  Commissioners  to  administer 
Oaths  of  OflQ.ce  and  to  take  Acknowledgments  of  Deeds,  etc. 

Form  of  acknowledgment  and  execution  of  deeds,  etc.,  established.      St. 

1894,  253  ;   1895,  460. 

Sect.  1.  Notaries  have  jurisdiction  throughout  and  are  appointed  for 
the  Commonwealth.     St.  1891,  38. 

Women  may  be  appointed  special  commissioners  to  administer  oaths^ 
take  acknowledgments  and  depositions  and  summon  witnesses.  St.  1883, 
252;   1889,  197;   1896,  476.      (See  1882,  139.) 

Sect.  14.  The  oath  may  be  taken  before  a  United  States  minister  or 
consul.     St.  1885,  31. 

Chapter  19.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

The  commissioners  are  authorized  to  remove  wrecks  and  obstructions  in 
tide-waters.     St.  1883,  260.     (See  1887,  98.) 

United  States  government  may  occupy  and  fill  flats  on  Gallop's  island, 
and  build  structures  over  tide- waters.     St.  1889,  27  §  2. 

Sect.  1.     Salaries  fixed.     St.  1893,  298. 

Sect.  2.  Custody  of  archives  of  Maine  lands  transferred  to  the  secre- 
tary of  the  Commonwealth.     St.  1883,  99. 

Sect.  3  not  to  apply  to  certain  province  lands.     St.  1893,  470  §  4.     (See 

1886,  144.)  The  commissioners  have  general  care  and  supervision  of  the 
Connecticut  river  and  of  structures  therein.  St.  1885,  344;  1891,  266. 
(See  1882,  274  ;  1883,  183.)  Building  restricted  in  the  river.  St.  1893, 
301. 

They  have  the  same  charge  of  Commonwealth  lands,  not  otherwise  pro- 
vided for,  that  they  have  of  lands  in  tide-waters.     St.  1886,  144.      (See 

1888,  318;   1893,  470.) 

Sect.  7.  Regulations  are  established  for  Gloucester  harbor ;  St.  1885, 
315;  1895,  106.  Harbor  lines  are  established  for  Boston;  St.  1892,  358 
§  2.     East  Boston;  1882,  48.     South  bay,  Boston;   1891,  309.     Chelsea; 

1887,  344.  Gloucester  ;  1882,  103  ;  1883,  109  ;  1895, 106  §  2.  Haverhill ; 
1883,  104.      (See  1891,  344;  1893,  435) 

Sect.  8  et  seq.  The  board  has  supervision  over  great  ponds  and  may 
license  structures  therein.  St.  1888,  318.  (See  1886,  248.)  A  license 
is  required  to  dam  a  navigable  stream  or  outlet  of  a  great  pond  for  cran- 
berry culture.     St.  1892,  55. 


Chaps.  20, 21.]  PuBLIC   STATUTES.  751 

Sects.  8,  10,  11,  12  apply  to  the  Couuecticut  river.  St.  1885,  344  §§  2, 
3;  1891,  266. 

Sects.  10-13,  16  apply  to  great  pouds.     St.  1888,  318  §  5. 

Chapter  20.  —Of  the  State  Board  of  Agriculture. 

An  agricultural  experimeut  station  is  established,  and  ineiiibership  and 
duties  of  board  of  control  prescribed.  St.  1882,  212  ;  1883,  105  ;  1885, 
327;  1887,31,212;  1888,333;  1889,111;  1894,  143;  1895,  57;  1896, 
254.     (See  1888,  296  ;  1895,  421  ;   1896,  297.) 

A  dairy  bureau  is  established,  to  consist  of  three  members  of  the  board 
of  agriculture.     St.  1891,  412;  1892,  139.      (See  1894,  280;   1895,  212.) 

Provision  is  made  for  registration  of  pedigrees  of  horses.  St.  1890,  334. 
And  for  punishing  false  registration  or  giving  false  pedigrees  of  horses, 
cattle,  etc.     St.  1887,  143  ;   1890,  334. 

The  agricultural  college  may  receive  moneys  granted  by  the  United 
States.     St.  1889,  111.      (See  1887,  212.) 

The  trustees  of  the  college  are  allowed  certain  expenses.     St.  1889,  45. 

Provision  is  made  for  a  bounty  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189.  And  for  bounties  to  chartered  poultry  associations.  St. 
1895,  351. 

Sect.  1.     Membership  of  board  changed.     St.  1894,  144. 

Sect.  2  amended.     St.  1896,  254. 

Sect.  4.  Assistant  secretary  provided  for.  St.  1891,412  §  6.  Salaries 
fixed:  Secretary;  St.  1883,  184.  Assistant;  St.  1891,  412  §  6.  Clerks; 
St.  1891,  300;  1892,  143;   1893,  130.      (See  1887,  245.) 

Allowance  for  clerical  services  and  for  lectures  increased.     St.  1884,  66. 

Sects.  5,  6.  The  board  is  authorized  to  collect  and  circulate  informa- 
tion about  abandoned   farms.     St.  1891,  280.      (See  Res.  1893,  46.) 

And  to  take  measures  to  exterminate  the  "  gypsy  "  moth.  St.  1891,  210. 
(See  1890,  95.  Res.  1893,  40.)  Provision  is  made  for  extermination  of 
insect  pests  by  cities  and  towns.     St.  1893,  78. 

Sect.  8  amended.     St.  1894,  101. 

Chapter  21.  -General  Provisions  relating  to  State  Officers. 

A  civil  service  commission  is  established  and  appointments  to  service 
regulated.  St.  1884,  320;  1887,  364,  437;  1888,  41,  253,  334;  1889, 
177,  183,  351,  352,  473  ;  1891,  140  ;  1893,  95,  253  ;  1894,  267,  519 ;  1895, 
376,  501;  1896,  449,  494,  502,  517.  (See  1888,  41;  1895,  376;  1896, 
86,  256,  424.     Res.  1892,  34.) 

Certain  officers  shall  not  accept  railroad  tickets  at  less  than  usual  rates. 
St.  1892,  59. 

Legislation  recommended  by  State  boards  and  commissions  shall  be  re- 
ported to  the  secretary  of  the  Commonwealth  before  the  first  Wednesday 
in  January.     St.  1893,  144. 

Provision  made  for  appointment  of  a  State  military  and  naval  historian. 
St.  1889,  374;  1891,  235.  (See  Res.  1894,  14,  94;  1895,  62,  104;  1896, 
80.)  And  for  a  compilation  of  records  of  State  soldiers  and  sailors  in  the 
revolutionarv  war.  Res.  1891,  100.  And  of  the  grand  army  of  the  repub- 
lic.    St.  1893,  411.     (See  St.  1893,  413.     Res.  1893,  49.) 


752  Changes  in  the  [Cmap.  22. 

Legal  services  required  by  officers  or  boards  shall  be  performed  by  or 
under  direction  of  the  attorney  general.     St.  1896,  490. 

Standard  record  inks  required.     St.  1894,  378. 

Sect.  1,  Tenure  of  office  of  officers  appointed  by  governor  and  council 
regulated.     St   1887,  364. 

Sect.  7.  Official  bonds  must  be  examined  yearl}',  and,  if  insufficient, 
renewed.     St.  1885,  32  ;  1893,  257. 

Sect.  10.  Treasurer's  office  hours  regulated.  St.  1886,  257 ;  1896, 
522.     Advancements  on  account  of  salaries  authorized.     St.  1895,  34. 

Chapter  22.  — Of  Counties  and  County  Comuiissioners. 

Sect  1.  Muskeget  and  Gravelly  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  5.  Counties  to  provide  places  for  holding  district  and  police 
courts.     St.  1893,  396  §  1. 

Sect.  13.  When  their  clerk  is  absent,  the  commissioners  shall  appoint 
one  of  their  number  clerk  pro  temjwre.  St.  1890,  198.  Proceedings  reg- 
ulated. Pro  tempore  clerk  may  be  a  woman  and  shall  be  sworn.  St.  1896, 
384. 

Sect.  14.  Compensation  fixed  :  Barnstable;  St.  1893,  276.  Berkshire; 
St.  1890,  133.  Bristol;  1893,  291.  (See  1886,  251  ;  1889,  339.)  Essex; 
1892,  354.  (See  1885,  277.)  Franklin;  1888,  65.  Hampden;  1889,  30. 
Hampshire;  1887,  211.  Middlesex  ;  1889,  303.  (See  1885,  277.)  Nor- 
folk; 1892,399.  (See  1885,  277;  1891,  80.)  Plvmouth ;  1892,  298. 
(See    1886,    251.)     Worcester;    1893,   288.      (See  1886,   251;    1891,   79; 

1892,  59;    1893,  275  §   1.)     Transportation    expenses    are  allowed.     St. 

1893,  273. 

Special  commissioners.     St.  1894,  250;   1895,   112. 

Sect.    15.     Meetings  changed  in  Berkshire.     St.  1883,  63. 

Sect.  17.  Certain  formal  proceedings  are  authorized,  notwithstanding 
disqualification.     St.  1893,  238. 

Sect.   18  repealed.     St.  1893,  275  §  2. 

Sect.  19.  Oaths  of  treasurers  and  registers  of  deeds  are  to  be  recorded. 
St.  1890,  308. 

Sect.  20.  Commissioners  may  examine  reservoirs  and  dams,  and  pro- 
ceed under  P.  S  ,  ch.  190  §§  53-58.     St.  1891,  315  ;   1893,  99. 

Provision  for  additional  accommodation  for  courts  in  Middlesex.  St. 
1893,  160;    1895,  492.     And  in  Worcester.     St.  1896,  350. 

Provision  made  for  certain  expenses  of  inferior  courts  and  justices.  St. 
1890,  440  §  11  ;  1891,  70,  325  ;  1893,  396  §  1.  And  for  rearranging,  in- 
dexing and  recording  certain  records  and  dockets  when  worn,  mutilated  or 
indistmct.     St.  1891",  225  ;   1892,253. 

Provision  in  regard  to  payment  of  county  taxes.     St.  1889,  253. 

Orders  drawn  on  county  treasurers  must  be  recorded,  certified  and  ac- 
companied by  original  vouchers.     St.  1890,  206. 

Proposals  for  county  loans  must  be  advertised  for.  St.  1895,  111.  (See 
1895,  143.) 

Sect.  26  is  limited  to  regular  commissioners  and  made  applicable  to 
Issuing  orders  of  notice.     St.  1685,  91. 


Chaps.  23, 24.]  PuBLIC    STATUTES.  753 


Chapter  23.  — Of  Coiinty  Treasurers  and  County  Finances. 

Sect.  1.     Record  shall  be  made  of  oath  of  treasurer.     St.  1890,  308. 

Sect.  2.  Salaries  fixed:  Berkshire;  St.  1889,  58.  Bristol;  1889,  16. 
Essex;  1886,  133.  Hampden;  1884,  112.  Hampshire;  1887,  159.  Mid- 
dlesex; 1887,  57.  Norfolk;  1892,  295.  (See  1890,  143.)  Plymouth; 
1889,  260.     Worcester  ;   1886,  132. 

Allowance  for  clerical  assistance  :  Bristol ;  St.  1892,  144.  Essex  ;  1889, 
810;  1896,  147.  Middlesex ;  1889,  85.  Norfolk  ;  1895,  133.  Worcester; 
1893,  156;  1895,  113.  And  travelling  expenses  in  certain  counties.  St. 
1896,  176. 

Sect.  6  et  seq.  County  expenditures  regulated.  St.  1890,  206,  209, 
296  ;  1896,  357.  (See  1887,  438  ;  1890,  216,  380  ;  1893,  270  ;  1895,  482  ; 
1896,  172.) 

Proposals  for  county  loans  must  be  advertised  for.  St.  1895,  111.  (See 
1895,  143.) 

No  payments  of  fees  to  clerks  of  courts.     St.  1890,  209. 

Sects.  11,  20,  30.  Yearly  reports  of  prison  receipts  and  expenses  pro- 
vided for.     St.  1891,  187;   1892,  430. 

Sect.  22  is  revised.  St.  1895,  143  ;  1896,  128,  443.  (See  1895,  482, 
493  §  2;   1896,  172.) 

Sect.  24  affected.     St.  1889,  253. 

Sect.  28.  Treasurer's  accounts  and  returns  regulated.  St.  1890,  141, 
380.      (See  1887,  438  ;   1888,275;   1895,482.) 

Sect.  30.     See  St.  1891,  187;   1892,  430. 

Sect.  32  repealed.     St.  1890,  380  §  2. 

Sects.  36-39  repealed.  Controller  of  county  accounts  established.  St. 
1887,  438;  1888,  275;  1890,  216,  380;  1893,  257,  270;  1894,  183;  1895, 
143;  1896,  128.  (See  1886,  169;  1890,  204;  1894,  248.)  And  deputies. 
St.  1890,  306;   1895,  175. 

Chapter  24.  —  Of  Registers  of  Deeds. 

Salaries  are  established  for  registers  and  assistant  registers.  The  fees 
are  to  be  paid  to  the  county.  St.  1895,  493.  (See  1887,  438.)  Pro- 
vision for  assistant  registers  and  clerical  assistance.     St.  1896,  172. 

Standard  record  inks  are  required.     St.  1894,  378. 

Sect.  2.  Copies  of  certain  records  in  registry  of  northern  district  to  be 
deposited  in  registry  of  southern  district.  St.  1890,  158  ;  1891,174.  New- 
registry  established  in  Bristol.      St.  1891,  234. 

Sect.  5.     And  in  Worcester.     St.  1884,  40. 

Sect.  6.     Record  shall  be  made  of  oath  of  registers.     St.  1890,  308. 

Sect.  9.     Women  may  be  assistant  registers.     St.  1885,  7. 

Sect.  12.  Requirement  of  residence  in  place  of  registry  repealed.  St. 
1892,  121. 

Sects.  13-26.  Provision  for  recording  office  copies  of  instruments  affect- 
ing titles  to  lands  lying  in  more  than  one  county  or  registry  district.  St. 
1889,  448.  And  for  re-recording  worn  or  indistinct  records.  St.  1892, 
253. 


754  Changes  in  the  [Chaps.  25-27. 

Sect.  22.  Indexes,  except  in  Snffolk,  must  show  towns  in  which  the 
lauds  lie.     St.  1885,  29. 

Sects.  25,  26  amended.  Registers  substituted  for  commissioners.  St. 
1896,  443. 

Sect.  29  repealed.     St.  1895,  493  §  6. 

Sects.  30,  31,  33  repealed.     St.  1896,  443.     (See  1893,  148.) 

Chapter  25.  —  Of  Sherifis. 

Sect.  16.  Sherilif  may  further  arrest  a  person  under  arrest  bv  a  con- 
stable.    St.  1896,  247. 

Sect.  18.     See  St.  1893,  423,  §  32. 

Sect.  20  is  extended  to  writs  and  processes  in  favor  of  a  sheriff.  St. 
1885,  75. 

Sect.  22.  Salaries  fixed :  Barnstable;  St.  1894,  153.  Berkshire;  St. 
1887,  58.  Essex;  1894,  415.  (See  1887,  164.)  Hampden;  1889,  38 
Hampshire;  1891,  154.  Middlesex;  1888,  95.  Suffolk;  1888,  228. 
Worcester;    1888,  244. 

In  Dukes  and  Nantucket  fees  are  allowed.     St.  1884,  209  ;   1886,  28. 

Sects.  24,  25.  Sheriffs  must  deposit  public  moneys  beyond  what  are 
required  for  immediate  use.     St.  1890,  215.      (See  St.  1893,  148,  270  §  2.) 

Chapter  26.  — Of  Medical  Examiners. 

Sect.  2.  New  district  made  in  Franklin  county  ;  St.  1884,  321  ;  and  in 
Plymouth ;  1886.  74. 

Sect.  6  repealed.     St.  1893,  257. 

Sect.  9  et  seq.  Fees  and  duties  of  examiners  resjulated.  St.  1885,  265 
§  4,  379  ;    1887,  310;    1888,  306  §  2  ;    1890,  213  ;  1892,  286  ;    1896,  338. 

When  death  is  supposed  to  be  due  to  violence,  no  embalming  fluid  shall 
be  used  without  a  permit  signed  by  an  examiner.     St.  1892,  152. 

Sects.  12-15.  Provision  for  verbatim  reports  of  evidence  at  inquests  in 
cases  of  death  by  accident  on  a  railroad  or  street  railway.  St.  1896,  302. 
(See  St.  1888,  365;  1889,  154;  1896,  338.) 

Sects.  14,  25.  Fees  of  witnesses,  etc.,  at  inquests  regulated.  St.  1883, 
61  ;  1885,  379  §  2  ;   1890,  440  §  9.     (See  1888,  180.) 

Sects.  20,  24.  Provision  made  for  disposition  of  bodies  and  for  account 
of  expenses.     St.  1887,  310. 

Sect.  25.  Special  justices  of  mnnicipal,  police  and  district  courts,  with 
certain  exceptions,  are  to  have  same  fees  as  trial  justices.  St.  1885,  40. 
The  record  must  state  the  fact  which  gives  them  jurisdiction.     St.  1892,  268. 

Chapter  27. —  Of  Towns  and  Town  Oflacers. 

Deposits  of  town  moneys  regulated.     St.  1893,  266. 

Sects.  2-6.  Provision  for  definition  and  preservation  of  town  boundary 
lines.     St.  1888,  336. 

Sect.  9.  Towns  may  lease  public  buildings,  except  school- houses,  to 
grand  army  and  veteran  firemen's  associations.     St.  1885,  60;    1891,  218. 

May  take  lands  for  public  parks.  St.  1882,  154  ;  1890,  240  ;  1893,  300. 
(See  1893,  75,  416  ;  1896,  199.)     And  for  preservatioij  of  forest  trees  or 


Chap.  27.]  PuBLIC    STATUTES.  755 

preservation  of  water  supply.  8t.  1882,  255  ;  1896,  190.  And  for  puri- 
fication and  disposal  of  sewage.  8t.  1890,  124.  And  for  public  libraries. 
8t.  1894,  145. 

May  provide  by  by-law  for  making  all  drains  and  sewers  main  drains 
and  common  sewers.     St.  1895,  227.      (See  1896,  251  §  2.) 

May  lay  out,  alter  and  widen  highways  and  county  bridges.  St.  1891, 
170. 

May  adopt  act  providing  for  extermination  of  insect  pests.      St.  1893,  78. 

May  establish  and  maintain  public  play-grounds.  St.  1893,  225.  Cer- 
tain towns  may  lease  open  spaces  for  play-grounds.  St.  1893,  331.  (See 
1893,  300,  416.) 

May  regulate  width  of  tires  on  vehicles  owned  in  the  town.     St.  1895,  296. 

May  give  the  improvement  of  public  grounds  to  corporations  organized 
for  the  purpose.     St.  1885,  157.      (See  1893,  300  §  6,  331,  416.) 

May  manufacture  and  distribute  gas  and  electricity  on  certain  condi- 
tions.    St.  1891,  370;  1892,  259;   1893,  454;   1894,  182,  533. 

Sect.  10.  Towns  may  contract  for  disposal  of  garbage,  refuse  and  offal. 
St.  1889,  377. 

May  contract  with  hospitals  for  temporary  care  of  the  sick.  St.  1890, 
119.     (See  1891,  90.) 

May  employ  counsel  at  hearings  before  legislative  committees.  St. 
1889,  380. 

May  pay  interest  on  public  gifts  in  certain  cases.     St.  1895,  217. 

May  raise  money  to  erect,  dedicate  and  repair  monuments  to  soldiers 
and  sailors  in  national  wars.  St.  1884,42;  1886,76;  1896,  291.  And 
to  firemen  fatally  injured  in  performance  of  their  duties.  St.  1896,  455. 
And  to  mark  spots  of  historic  interest.     St.  1896,  477. 

May  furnish  State  and  military  aid  to  soldiers  and  sailors.  St.  1889, 
279,  301.  Shall  support  certain  soldiers  and  sailors  and  their  families. 
St.  1890,  447;   1893,  237,  279.      (See  1888,  438;   1889,  298.) 

Sect.  10,  last  clause.  See  St.  1888,  304  ;  1889,  312  ;  1890,  347  ;  1892, 
255. 

Provision  for  furnishing  towns  with  steam  rollers  for  construction  of 
macadamized  roads,  upon  certain  conditions.  St.  1896,  513.  (See  1894, 
497;  1895,  347,  486.) 

Certain  towns  may  water  streets  and  assess  cost  thereof  on  the  abutters. 
St.  1895,  186. 

Sect.  11.  Towns  may  appropriate  money  for  certain  anniversary  cele- 
brations.    St.  1889,  21;    1892,  166.     And  July  fourth.     St.  1896,  152. 

Sect.  12.  May  raise  fifty  cents  per  poll  for  planting,  etc.,  of  shade 
trees.  St.  1885,  123  §  1.  (See  1890,  196;  1891,  49;  1892,  147;  189^3, 
78,  403.) 

Sect.  15  et  seq.  Regulations  for  use  of  carriages,  etc.,  in  streets  under 
P.  S.,  ch.  28  §  25,  shall  be  made  by  selectmen  in  towns  and  published. 
St.  1885,  197.  (See  1894,  479  ;  1895,  296.)  And  to  regulate  and  control 
itinerant  musicians  and  coasting.     St.  1892,  390. 

Sect.  27.  Towns  having  a  water  supply  may  contribute  with  other 
towns  to  construct  a  sewerage  system  to  protect  the  purity  of  such  supply. 
St.  1888,  160. 


756  ©RANGES    IN    THE  [Chap.  27. 

Sect.  34.  No  fee  for  detention  and  support  shall  be  allowed  unless  it 
appears  by  officer's  return  that  defendant  was  actually  detained  in  the 
lock-up.     St.  1890,  166. 

Sect.  41  extended  to  public  library  buildings.     St.  1894,  145. 

Sects.  44-49  are  extended  to  all  persons  and  corporations,  and  to  electric 
light  and  telephone  wires.  St.  1883,  221  ;  1887,  385  §  8  ;  1889,  398,  434  ; 
1895,  350.      (See  1884,  302,  306;   1887,  382.) 

Sects.  48,  129.  Superior  court  given  concurrent  jurisdiction.  St. 
1891,  293. 

Sect.  52.  See  St.  1887,  249;  1890,  423  §  208;  1892,  351  §  2;  1893, 
417  §  13. 

Sects.  52-69.  The  laws  relating  to  town  meetings,  moderators  and 
election  of  town  officers  are  revised.  St.  1893,  417  §§  259-294  ;  1894,  16, 
132  ;  1895,  89,  285.  (See  1883,  229  ;  1884,  208  §  4,  299  ;  1885,  5,  261  ; 
1886,  262,  264,  295;  1887,  249,  371;  1888,  221,  353;  1889,  191  ;  1890, 
351,  419,  423  §§  208-227  ;  1891,  10,  31,  32,  74,  155,  270,  305,  336  ;  1892, 
51,  190,  224;   1893,  87,  177;   1896,  251  §  2.) 

Voting  precincts  provided  for.  St.  1893,  417  §  101  ;  1894,  132.  (See 
1886,  264;   1890,  423  §  72;   1893,  465;   1896,  498.) 

Sect.  55.  See  St.  1888,  436  §  10;  1890,  386  §  3  ;  1892,  124;  1893, 
417  §§  260,  345. 

Sects.  64,  66-68,  70,  73,  74,  77-81,  83,  84,  86,  87,  89-91,  93,  94,  97, 
98  are  repealed.     St.  1893,  417  §  345.      (See  1894,  16,  132.) 

Sects.  71,  72,  75,  76,  82,  85,  88,  92,  95,  96,  99-128  are  repealed,  and 
laws  as  to  powers  and  duties  of  town  officers  revised.  St.  1893,  423.  (See 
1886,  295  ;   1888,  221  ;  1889,  98,  178  ;  1893,  60.) 

Women  may  be  chosen  overseers  of  the  poor.  St.  1886,  150.  Or  assistant 
town  or  city  clerk.     St.  1895,  142. 

Provision  for  town  auditors.  St.  1893,  417  §  266  ;  423  §  20.  (See 
1886,  295  ;  1888,  221 ;  1889,  191  ;  1890,  254.)     Sewer  commissioners.     St. 

1893,  304,  417  §  266.  (See  1893,  423  §  24.)  Superintendents  of  streets. 
St.  1893,  423  §  25.  (See  1889,  98,  178.)  Highway  surveyors.  St.  1895, 
374.      (See  1893,  417  §  266,  423  §  21  ;  1894,  17.)     Boards  of  health.     St. 

1894,  218,  473;  1895,  398,  508.  (See  1885,  307.)  Commissioners  of 
public  burial  grounds.  St.  1890,  264.  Assistant  town  clerks.  St.  1893, 
423  §  4.      (See  1893,  60;  1895,  142.)     Tree  wardens.     1896,190. 

Town  officers  shall  demand  and  receive  from  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.     St.  1891,  340. 

Sect.  85.  Police  officers  may  be  assigned  to  agricultural  and  horticult- 
ural exhibitions.      St.  1892,  180.     Pi'ovision  for  street  railway  police.     St. 

1895,  318.      (See  1896,  338.) 

Special  officers  for  emergencies  must  be  residents  of  the  Commonwealth. 
St.  1892,  413. 

Sect.  95  et  seq.  Town  clerks  shall  give  bonds  to  account  for  moneys 
received  for  dog  licenses.     St.  1888,  320.      (See  1888,  308.) 

Shall  make  returns  of  votes  on  acceptance  of  acts  by  the  town.  St. 
1883,  100.     (See  1890,  175,  423  §  155  ;  1893,  417  §  203  ;  1894,  132.) 

Shall  notify  commissioners  of  prisons  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 


Chap.  28.]  PuBLIC    STATUTES.  757 

Sects.  102-104.  Form  of  oath  modified.  Provision  to  punish  fraud  in 
vahiations.     St.  1885,  355  ;  1893,  423  §  10. 

Sect.  112  et  seq.  Town  clerks  shall  return  names  of  constables  to  clerks 
of  county  courts  within  seven  days  after  they  qualify.     St.  1889,  384. 

Sect.  129.     Superior  court  given  concurrent  jurisdiction.     St.  1891,293. 

Sect.  130  applies  to  St.  1893,  423  §  41. 

Chapter  28.  —  Of  Cities. 

General  provision  is  made  for  the  establishment  of  city  governments. 
St.  1892,  377. 

Words  "  mayor  and  aldermen  "    defined.     St.  1882,  164. 

Provision  made  for  acting  mayor  in  case  of  death,  absence,  etc.,  of 
mayor.     St.  1896,  380.      (See  1882,  182.) 

Deposits  of  city  moneys  regulated.     1893,  266. 

City  officers  shall  demand  and  receive  fi'om  their  predecessors,  under 
oath,  their  official  records,  papers,  etc.     St.  1891,  340. 

City  clerks  shall  notify  secretary  of  the  Commonwealth  of  vote  on  acts 
to  take  effect  on  acceptance.     St.  1883,  100. 

And  of  changes  in  wards  and  polling  places.  St.  1893,  417  §  105. 
(See  1884,  279  §  4 ;  1886,  78;  1888,  437;  1890,  423  §  71  ;  1896,  244.) 

And  send  him  attested  copies  of  records  of  votes  for  State  officers.  St. 
1893,  417  §  179.     (See  1890,  175,  423  §  155.) 

They  must  return  to  clerks  of  courts  names  of  constables  elected  or  ap- 
pointed.    St.  1889,  384. 

And  must  notify  prison  commissioners  of  appointment  of  certain  police 
officers  and  constables.     St.  1892,  290. 

Cities  may  lay  out  lands  for  public  parks.  St.  1882,  154;  1890,  240; 
1893,  300.  (See  1893,  75,  416;  1896,  199.)  And  for  preservation  of 
forests  or  preservation  of  water  supply.  St.  1882,  255.  May  designate 
and  preserve  shade  trees.  St.  1890,  196.  May  establish  and  maintain 
public  plaj^-grounds.  St.  1893,  225.  And  lease  open  spaces  for  play- 
grounds.    St.  1893,  331.     (See  1885,  157;  1893,  300  §  6.) 

May  lease  public  buildings,  except  school-houses,  to  grand  army  or 
veteran  firemen's  associations.     St.  1885,  60;  1891,  218. 

May  appropriate  money  for  enforcement  of  civil  service  laws.  St.  1887, 
345.  And  for  certain  anniversary  celebrations.  St.  1892,  166.  And  for 
repairing  or  decorating  graves  or  memorials  of  firemen  killed  in  perform- 
ance of  duty.     St.  1896,  455. 

May  indemnify  police  officers  for  injuries  or  expenses  incurred  while  act- 
ing as  such.  St.  1888,  379.  And  persons  required  to  assist  them.  St. 
1893,  186. 

May  pay  interest  on  public  gifts  in  certain  cases.     St.  1895,  217. 

May,  by  ordinance,  require  all  fees,  charges  and  commissions  allowed  to 
officials  to  be  paid  into  the  treasury.  St.  1888,  308.  Regulate  sale  of 
prepared  wood,  slabs  and  edging.  St.  1891,  136.  And  width  of  tires  on 
vehicles  owned  in  the  city.  St.  1895,  296.  Provide  for  inspection  of  ice 
sold  within  the  city.  St.  1895,  338.  For  making  all  drains  and  sewers 
main  drains  and  common  sewers.     St.  1895,  227.      (See  1896,  251.) 

May  contract  for  disposal  of  garbage,  refuse,  etc,     St.  1889,  377. 


758  Changes  in  the  [chap.  29. 

May  adopt  the  act  requiring  appropriations  for  exterminating  insect 
pests.     St.  1893,  78. 

May  furnisii  military  or  State  aid  to  soldiers  and  sailors.  St.  1889,  279, 
301.  May  contract  with  hospitals  for  temporary  care  of  the  sick.  St.  1890, 
119.  (See  1891,  90.)  Shall  support  certain  soldiers  and  sailors  and  their 
families.  St.  1890,  447;  1893,  237,  279.  (See  1888,438;  1889,  298.) 
Shall  provide  for  treatment  of  indigent  persons  suffering  from  contagious 
or  infectious  venereal  diseases.     St.  1895,  400.      (See  1894,  511.) 

May  expend  money  for  watering  streets  and  assess  the  whole  or  part  of 
the  expense  on  abutters.     St.  1891,  179.      (See  1890,  365.) 

May  take  land  for  purification  and  disposal  of  sewage.     St.  1890,  124. 

May  manufacture  and  distribute  gas  and  electricity  on  certain  conditions. 
St.  1891,  370;   1892,  259;  1893,  454;  1894,  182,  432,  448,  533. 

Cities  having  a  water  supply  may  contribute  with  other  cities  and  towns 
to  construct  a  sewerage  system  to  protect  purity  of  supply.  St.  1888, 
160. 

Tenure  of  police  officers  established  in  certain  cities.     St.  1890,  319. 

Members  of  the  police  may  be  pensioned  in  cities  containing  not  less 
than  seventy-five  thousand  inhabitants.  St.  1892,  378.  (See  f892,  353; 
1893,  51.) 

Provision  for  street  railway  police.  St.  1895,  318.  And  a  reserve  police 
in  certain  cities.     St.  1896,  314. 

Police  matrons  and  houses  for  detention  of  woiiien  are  required  in  cer- 
tain cities.      St.  1887,  234;   1888,  181. 

Board  of  police  for  city  of  Boston  to  be  appointed  by  the  governor.  St. 
1885,  323;   1889,  419;    1894,  266.      (See  1896,  338.)  ^ 

Sect.  6.  Any  item  in  an  ordinance  or  vote  involving  an  appropriation 
of  money,  or  raising  a  tax,  may  be  separately  vetoed.     St.  1885,  312  §  3. 

Sect.  7.  Mayor  may  not  vote  in  board  of  aldermen  or  joint  convention. 
St.  1882,  180. 

Sect.  11.  Police  officers  may  be  assigned  to  agricultural  or  horticultural 
exhibitions.      St.  1892,  180. 

Sects.  14-16.  New  division  of  wards  in  cities  provided  for.  St.  1893, 
417  §  96.  (See  1884,  125,  181  §  9,  299  §  3;  1885,  156;  1886,  78,  283; 
1888,  437.)     Voting  precincts.     See  St.  1893,  417  §§  97,  98  ;  1896,  244. 

Sect.  19.     See  St    1885,  159  §  3. 

Sect.  23.  No  member  of  a  city  council  is  eligible  by  the  city  council 
or  either  branch  thereof  to  any  office  the  salary  of  which  is  paid  from  the 
city  treasury.     St.  1886,  117. 

Sect.  25.  Selectmen  in  towns  may  make  these  rules,  etc.  St.  1885,  197. 
(See  1894,  479  ;  1895,  296.)  And  to  regulate  and  control  street  musicians 
and  coasting.     St.  1892,  390. 

Chapter  29.  —  Of  Municipal  Indebtedness. 

"  Net  indebtedness  "  is  defined.     St,  1883,  127. 

Sect.  4.  The  limit  of  the  city  debts  is  reduced.  St.  1885,  312.  (See 
1885,  178;   1892,  178;  1893,  23;  225  §  3,  247.) 

Exception  made  in  certain  cases.  St.  1886,  178,  254,  304;  1887,  312; 
1888,  73,  144,  185,  229,  392;  1889,  68,  157,  172,  176,  283  §  4;  1890,  65, 


Chap.  30,]  PUBLIC    STATUTES.  759 

120,  121,  135,  142,  203,  258,  271,  355,  357  §  10,  424,  444;  1891,  27,  150, 
212,  230,  301,  316,  323,  324  ;  1892,  42,  45,  150,  153,  155,  247,  367 ;  1893, 
37,  52,  101,  110,  128,  141,  167,  233,  245,  250,  269,  341,  449,  489  §  20; 

1894,  85,  89,  92,  99,  177,  201,  208,  210,  212,  234,  244,  286,  293,  310,  323, 
339,  340,  344,  346,  396,  403,  405;  1895,  36,  47,  74,  85,  98,  99,  130,  150, 
151  §  5,  221,  241,  274,  325,  331,  333,  346,  357,  386,  395,  417,  433,  455  ; 
1896,  103,  134,  142,  168,  181,  197,  200,  201,  207,  227,  233,  245,  271,  325, 
392,  395,  419,  478,  479. 

Damages  for  alteration  of  grade  crossings  are  excepted.  St.  1892, 
178. 

Sect.  6.  Temporary  loans  in  anticipation  of  taxes  are  limited.  St. 
1885,  312  §  4;   1889,  372. 

They  must  be  payable  within  one  year.  St.  1891,  221.  They  shall  not 
be  considered  in  determining  the  limit  of  indebtedness.     St.  1893,  23. 

Skcts.  7,  8.  Issuing  bonds,  notes  or  scrip  for  city  or  towu  debts  is  au- 
thorized.    St.   1884,    129;    1892,   245   §   7;   1896,   269.      (See   1889,   166; 

1891,  321;   1896,  163.) 

Sect.  8  amended.  Word  "  tiiirty  "  substituted  for  "twenty"  in  fourth 
line.     St.  1892,  245  §  6.      (See  1893,  225  §  3.) 

Time  for  payment  of  "other  debts"  extended  in  certain  cases.  St. 
1889,  166;   1891,  321  ;   1894,  421. 

Sect.  9.  Fixed  annual  appropriations  may  be  made  as  a  substitute  for 
a  sinking  fund.     St.  1882,  133. 

Sect.  11  is  extended.  St.  1894,  146.  Provision  for  reissue  of  bonds 
not  due  held  in  sinking  funds  for  payment  of  bonds  becoming  due.      St. 

1895,  243. 

Sinking  funds  for  sewer  debts  regulated.     St.  1892,  245  §  9. 
Sect.  15.     Management  of  surplus  accumulations  of  State  sinking  funds 
regulated.     St.  1891,  259. 

Chapter  30. — Of  Aid  to  Soldiers  and  Sailors  and  to   their  Families. 

This  chapter  is  repealed,  and  the  law  as  to  State  and  military  aid  revised 
and  extended.  St.  1890,  447;  1893,  237;  1894,  279,301.  (See  1884, 
34;  1885,  173,  204,214;  1886,  39,  110;  1887,  122;  1888,  438;  1889, 
279,  298,  301  ;  1892,  291.     Res.  1892,  84.) 

Cities  and  towns  must  furnish  relief  to  certain  soldiers  and  sailors 
and  their  families.  St.  1890,  447  ;  1893,  237.  (See  1888,  438  ;  1889, 
298.) 

Provision  is  made  for  burial  of  deceased  indigent  soldiers,  sailors  and 
marines,  and  their  wives  and  widows.     St.  1896,  279.      (See  1889,  395  ; 

1892,  184;   1894,  62.) 

Grand  army  posts  may  distribute  aid  to  soldiers,     St.  1885,  189. 

An  agent  for  settlement  of  pension,  bounty  and  back  pay  claims  pro- 
vided for.     St.  1888,  396;   1891,  196. 

Ajipointment  of  State  trustees  for  the  soldiers'  home  provided  for.  St. 
1889,  282.      (See  1890,  373.) 

Sect.  1.  Salary  of  third  commissioner  fixed.  St.  lcS94,  279  §  9.  (See 
1885,  214  ;   1889,  279  §  9  ;   1892,  291.) 


760  Changes  in  the  [Chaps.  31-35. 


Chapter  31. — Of  the  Census,  the  Bureau  of  Statistics  of  Labor  and 
the  Board  of  Supervisors  of  Statistics. 

Deceuuial  census  provided  for.     St.  1894,  224.      (See  1884,  181.) 

Special  enumeration  provided  for  in  certain  cases.  St.  1892,  280  ;  1894, 
334  ;    1896,  440. 

Certain  useless  papers  may  be  burned,     St.  1887,  43. 

Sects.  1-12  are  revised.     St.  1894,  224.     (See  1884,  181.) 

Sects.  13-16.  Additional  statistics  are  required.  St.  1886,  174;  1894, 
332.      (See  1884,  181  ;  1885,  1.56;  1888,  437  §  6  ;   1892,  280;   1896,  440.) 

The  report  of  the  board  may  be  in  parts.  St.  1890,  97.  (See  1894,  393 
§7.) 

Publication  of  a  bulletin  authorized.     St.  1895,  290. 

A  second  clerk  is  provided  for.     St.  1884,  4. 

Clerks'  salaries  fixed.     St.  1888,  115.      (See  1884,  4.) 

Sect.  17  is  amended.     St.  1886,  101  §  4. 

Chapter  32.  —  Of  the  Kegistry  and  Return  of  Births,  Marriages  and 

Deaths. 

Standard  record  inks  are  required.     St.  1894,  378. 

Sect.  1.  Provision  made  for  further  particulars  in  records  of  deaths. 
St.  1887,  202;  1890,  402.     (See  1889,  208.) 

Depositions  may  be  filed  to  complete  or  covrect  records  and  new  copies 
made.      Penalty  imposed  for  false  return.     St.  1892,  305  ;  1894,  402. 

Returns  of  births  and  deaths  of  residents  of  other  towns  to  be  made  to 
and  recorded  in  such  towns.     St.  1889,  208. 

Sects.   1,  2.     See  St.  1894,  206,  401,  409. 

Sect.  3  is  revised  and  further  statements  required  in  certain  oases.  St. 
1888,  63,  306  ;  1889,  224  ;  1893,  263. 

Sect.  4.  Returns  of  sextons  and  undertakers  shall  be  preserved  and 
arranged  for  reference.     St.  1887,  202. 

Sects.  5,  6.  Additional  requirements  for  removal,  transportation  and 
burial  of  bodies.     St.  1883,  124 ;  1887,  335  ;  1888,  306  ;  1893,  263  §  2. 

Sect.  7.  Additional  facts  to  be  reported.  St.  1883,  158.  The  words 
"  except  Boston  "  are  stricken  out.     St.  1889,  288. 

Sect.  10  amended.     St.  1894,  206.     (See  1894,  401,  409.) 

Sects.  11,  14-17.  Special  provisions  for  Boston.  St.  1892,  314;  1894, 
206. 

Chapter  33.  —  Of  Workhouses  and  Almshouses. 

No  person  whose  insanity  has  continued  less  than  twelve  months  may  be 
detained  in  an  almshouse  without  remedial  treatment.  St.  1890,  414  §  2. 
(See  1886,  319,  §  3.) 

Chapter  35.  —  Of  Fires,  Fire  Departments  and  Fire  Districts. 

Provision  for  allowance  to  families  of  firemen  fatally  injured  at  fires. 
St.  1893,  401. 

Oflice  and  duties  of  State  fire  marshal  established.  St.  1894,  444  ;  1895, 
452;  1896,303.     (See  1886,  354  ;  1887,231.) 


Chaps.  36-38.]  PuBLIC   STATUTES.  761 

Pensions  provided  for  in  Boston.  St.  1892,  347.  (See  1880,  107; 
1888,  174  ;  1896,  256.)  Persons  five  feet  five  inches  in  lieiglit  may  be  ap- 
pointed to  Boston  fire  department.     St.  1896,  424. 

Assistance  for  the  Massachusetts  State  firemen's  association  provided 
for.     St.  1890,  450;   1891,  274;   1892,  177;   1894,  375.     (See  1893,  401.) 

Sect.   1.     Forest  fire-wards  are  provided  for.     St.  1886,  296  §§  2,  3. 

Sects.  10,  11  were  repealed  by  St.  1888,  199,  which  was  repealed  by 
St.  1889,  451  §  8.      (See  1886,  296  §  4  ;   1887,  214  §  16  ;   1891,  229  ) 

Sect.   28.     Additional  apparatus  required.     St.  1888,  310. 

Boai'd  of  fire  engineers,  or  chief  of  fire  department,  shall  investigate 
origin,  etc.,  of  fires.     St.  1889,  451  ;   1891,  229. 

Sect.  29.  Selectmen  may  remove  engineers  after  notice  and  hearing. 
St.  1886,  113. 

Sect.  35.     Penalties  prescribed  for  violations  of  rules.     St.  1888,  220. 

Sect.  40.  Fire  districts  may  incur  debts  for  temporary  loans  in  antici- 
pation of  taxes.     St.  1896,  280. 

Sect.  51.     Hydrant  and  water  service  added.     St.  1895,  295. 

Chapter    36.  —  Of    Fences    and   Pence    Viewers,  Pounds   and   Field 

Drivers. 

Sects.   1-19.     Fences  and  like  structures  over  six  feet  in  height,  mali- 
ciously erected,  etc.,  are  declared  nuisances.     St.  1887,  348. 
Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Chapter  37.  —  Of  the  Public  Records. 

A  commissioner  of  public  records  is  established,  his  duties  prescribed 
and  salary  fixed.     St.  1892,  333. 

An  act  to  prevent  the  destruction  of  public  records.     St.  1894,  356. 

Provision  for  arranging  and  recording  certain  worn  or  indistinct  records, 
etc.     St.  1891,  225;  1892,  253. 

Standard  record  inks  are  required.     St.  1894,  378. 

Sect.   1  is  revised  and  quality  of  paper  regulated.     St.  1891,  281. 

Sect.  3.     Provision  for  additional  accommodations.     St.  1886,  207. 

Sect.  5.     Records  of  death  may  also  be  copied.     St.  1887,  202. 

Sects.  5-7.     Indexes  of  records  are  to  be  kept.     St.  1885,  190. 

Sects.  14,  15.  In  Boston,  city  registrar  shall  perform  duties  of  city  or 
town  clerk  under  these  sections.     St.  1892,  314  §  3. 

Sect.  15.  City  or  town  clerk  shall  demand  the  records  if  not  delivered. 
St.  1890,  227. 

Sect.  16.  Removal  or  mutilation  of  records  of  the  Commonwealth  is 
forbidden.     St.  1890,  392. 

The  public  records,  books,  papers  and  property  of  a  city  or  town  officer 
are  to  be  demanded  by,  and  delivered  under  oath  to,  his  successor.  St. 
1891,  340. 

Chapter  38.  —  Of  Parishes  and  Religious  Societies. 

Provision  is  made  for  the  incorporation  and  government  of,  and  con- 
veyance of  property  to,  churches.  St.  1887,  404;  1888,  326  ;  1891,  265; 
1895,  105.      (See  1884,  78;   1894,  126.) 


762  Changes  in  the  [Chaps.  39-43. 

Incorporated  religious  societies  may  make  by-laws.     St.  1888,  326. 

Sect.  8.  Term  of  office  of  committee  or  assessors  regulated.  St.  1894, 
126. 

Sects.  18,  19.  Keligious  societies  shall  not  assess  taxes  except  upon 
their  pews.     St.  1887,  419. 

Sect.  21  is  repealed.     St.  1887,  419. 

Sect.  43  is  extended.     St.  1886,  239. 

Chapter  39.  —  Of  Donations,  and  Conveyances  for  Pious  and  Char- 
itable Uses. 

Sect.  1.  Churches  may  appoint  trustees,  who  shall  be  a  body  corjxjrate 
for  the  purposes  of  this  sectiou.     St.  1884,  78.     (See  1887,  404  ;  1891,  265.) 

Real  estate  held  by  deacons  may  be  conveyed  to  the  church,  if  incorpo- 
rated.    St.  1887,  404  §  7. 

Chapter  40.  —  Of  Library  Associations. 

Sect.   6.     Allowance  made  to  county  law  libraries.     St.  1882,  246. 

Sect.  9  et  seq.  The  election,  powers  and  duties  of  trustees  of  free  pub- 
lic libraries  and  reading  rooms  are  regulated.     St.  1888,  304;   1889,  112. 

A  board  of  library  commissioners  is  provided  for.  St.  1890,  347.  They 
are  authorized  to  aid  free  libraries  in  certain  towns.     St.  1892,  255. 

Chapter  41.  —  Of  the  Board  of  Education. 

Sect.  8.  Salary  of  the  secretary  of  the  board  fixed.  St.  1894,  176. 
(See  1885,  227.)  Clerical  and  messenger  service  provided  foi-.  St.  1895, 
132. 

No  agent  of  the  board  shall  be  pecuniarily  interested  in  publication  or 
sale  of  school-books  or  supplies.     St.  1896,  429. 

Sects.  8,  11.     See  St.  1893,  86  §  2. 

Sect.  12.  The  board  has  the  management  of  the  State  normal  school 
boarding-houses.  St.  1891,  384.  (See  1894,  457  ;  1895,  258  ;  1896,  133.) 
And  the  supervision  of  the  pupils  in  the  Perkins  institution  and  Massachu- 
setts school  for  the  blind.  St.  1885,  118.  It  may  establish  an  educational 
museum.  St.  1894,  230.  Shall  provide  for  examination  and  certification 
of  teachers.     St.  1894,  329. 

Sects.  16,  17.  The  provisions  for  the  instruction  of  deaf-mutes  and 
deaf  children  are  revised  and  extended.  St.  1888,  239  ;  1889,  226.  (See 
1886,  241  ;  1887,  179.) 

Chapter  42.  — Of  Teachers'  Institutes  and  Associations. 

Sect.  1.  Twenty-five  teachers  in  three  contiguous  towns  mav  form  an 
institute.     St.  1896,  186. 

Chapter  43.  —  Of  the  School  Funds. 

Sects.  1,  2.  Certain  payments  into  the  fund  are  provided  for.  St. 
1890,  335.     Res.  1894,  90.  ' 

Sect.  3  is  repealed.  St.  1884,  22.  The  distribution  of  the  income  is 
revised.     St.  1891,  177;  1893,  272.     (See  1885,  227.) 


Chap.  44.]  PuBLIO    STATUTES.  763 


Chapter  44. —Of  the  Public  Schools. 

No  foreign  flag  or  emblem  may  be  displayed  on  a  public  school-house. 
St.  1895,  115.      (See  1895,  181.) 

Provision  is  made  for  a  State  nautical  training  school.  St.  1891, 
402 ;  1893,  124.  And  for  textile  schools  in  certain  cities.  St.  1895, 
475. 

Free  scholarships  in  the  Massachusetts  institute  of  technology  are  pro- 
vided for.  Res.  1887,  103;  Res.  1895,  70.  St.  1896,  310.  And  in 
Worcester  polytechnic  institute.     St.  1896,  407. 

School  committees  of  cities  and  towns  maintaining  free  evening  schools 
may  provide  free  evening  lectures.     St.  1893,  208. 

They  shall  furnish  public  schools  with  a  national  flag.  St.  1895,  181. 
(See  1895,  115.) 

Pretending  in  waiting  to  hold  a  degree  of  a  college  or  school,  granting 
degrees  without  authority,  and  false  assertions  in  writing  of  the  approval 
by  a  college  or  professional  school  of  a  person,  process  or  goods,  are  made 
criminal  offences.     St.  1893,  355. 

Sect.  1.  The  use  of  tools  and  cooking  may  be  taught.  St.  1894,  320. 
(See  1884,  69.)  Physiology  and  hygiene  must  be  taught.  St.  1885,  332. 
And  manual  training  in  certain  cities.  St.  1894,  471.  Vivisection  is  for- 
bidden and  dissection  restricted  in  public  schools.     St.  1894,  151. 

Sects.  1,  2.  Evening  schools  and  evening  high  schools  are  required  in 
certain  places.  St.  1883,  174  ;  1886,  236.  Notice  of  their  opening  must 
be  given.     St.  1887,  433  §  4.     (See  1893,  208.) 

A  town  not  required  to  maintain  a  high  school  shall  pay  for  the  tuition 
and  transportation  of  its  children  attending  a  high  school  in  another  town 
or  city.  St.  1894,  436.  (See  1891,  263;  1895,  212;  1896,  382.)  And 
may  pay  for  such  tuition  at  an  academy  of  equal  grade  in  the  same  town. 
St.  1895,  94. 

Small  towns  may  be  assisted  from  income  of  school  fund  to  pa}'  salaries 
of  teachers  of  exceptional  ability.     St.  1896,  408. 

Schools  shall  be  kept  for  at  least  eight  months  a  j^ear  in  towns  of  4,000 
or  more  inhabitants.     St.  1894,  231. 

The  last  session  prior  to  Memorial  day  shall  be  devoted  to  exercises  of  a 
patriotic  nature.     St.  1890,  111. 

Sect,  26.  Number  of  committee  may  be  changed  at  a  special  meeting 
in  towns  in  which  ballots  for  town  officers  are  furnished  by  the  town.  St. 
1896,  319. 

Sect.  28.  Diploma  of  a  State  normal  school  may  be  accepted  in  lieu  of 
a  personal  examination  of  a  teacher.     St.  1891,  159. 

Additional  normal  schools  and  niodel  and  practice  schools  in  connection 
therewith  are  provided  for.  St.  1894,  457  ;  1895,  258.  (See  1-896,  33.) 
Provision  for  examination  and  certification  of  teachers  by  the  board  of 
education.     St.  1894,  329. 

Teachers,  after  a  year's  service,  may  be  appointed  to  serve  during  the 
pleasure  of  the  committee.     St.  1886,  313. 

Sects.  35-40  are  repealed.  Text-books,  supplies,  etc.,  are  furnished 
free.     St.  1884,  103;  1885,  161.      (See  1884,  69;  1885,  67.) 


764  Changes  m  the  [Chaps.  45-48. 

Sects.  41-46.  The  district  system  is  abolished.  St.  1882,  219.  (See 
1884,  122.) 

Sects.  44,  45.  Provision  to  aid  small  towns  to  unite  to  employ  a  super- 
intendent. St.  1888,431;  1893,200;  1894,58.  (See  1890,  379  ;  1891, 
272;   1892,  301,  344,  360;   1896,  408.) 

Chapter  45.— Of  School  Districts. 

The  school  district  system  is  abolished.  St.  1882,  219.  But  the  right 
to  sue  or  defend  for  districts  is  reserved.     St.  1884,  122. 

Chapter  46.  — Of  School  Registers  and  Returns. 

Sect.  3.     See  St.  1888,  348  §  7. 

Sect.  5.  Item  for  transportation  of  children  to  be  included.  St. 
1896,  179. 

Sect.  15.  The  time  for  which  payment  is  to  cease  is  limited.  St. 
1891,  99. 

Chapter  47.  — Of  the  Attendance  of  Children  in  Schools. 

This  chapter  is  repealed,  and  the  laws  relating  to  school  attendance  and 
truancy  are  revised.  St.  1894,  498.  (See  1883,  174  §  3,  245;  1885,  71, 
198;  1887,  433;  1888,  348;  1889,  135,  249,  422,  464;  1890,  48,  299, 
309,  384;  1891,  317,  361,  426;  1892,  62;  1893,  253;  1894,  188;  1896, 
360  ) 

Sect.  9.  Additional  provisions  to  prevent  introduction  of  contagious 
diseases  into  schools.     St.  1884,  98  ;  1890,  102.      (See  1884,  64.) 

Exemption  from  vaccination  allowed  in  certain  cases.    St.  1894,  515  §  2. 

Chapter   48.  —  Of    the  Employment   of    Children    and    Regulations 

respecting  Them. 

The  laws  relating  to  the  employment  of  children  are  revised.  St.  1894, 
508;  1896,288.  (See  1882,  150 ;  1883,157,224;  1884,275;  1885,222, 
305;  1885,  87;  1887,  103,  121,  173,  215,  218,  280,  330,  399,  422,  433; 
1888,  149,  305,  348;  1889,  135,  229,  291  ;  1890,  48,  90,  183,  299  ;  1891, 
239,  317,  350;  1892,  83,  210,  296,  330,  352,  357,  410;   1894,  498.) 

Children  under  ten  shall  not  be  permitted  to  enter  street  cars  to  sell 
newspapers,  etc.      St.  1889,  229. 

Sects.  8,  9  are  repealed.     St.  1894,  508  §  80.      (See  1885,  305.) 

Admission  of  children  under  thirteen  to  certain  shows  and  places  of 
amusement  is  restricted.     St.  1887,  446. 

Illegal  peddling  and  bego:ing  by  children  are  prohibited.  St.  1887,  422. 
(See  1885,  305  ;  1892,  33L ) 

Sects.  11-21  are  repealed  and  the  truant  laws  revised.  St.  1894,  498. 
(See  1890,  309  ;  1891,  426  ;  1892,  62  ;  1896,  360.) 

Sects.  18-27.  Further  provisions  made  for  care,  education  and  protec- 
tion of  neglected,  destitute  and  abandoned  children.  St.  1882,  181,  270  ; 
1883,  232;  1885,  176;  1886,  330;  1887,  401  ;  1888,  248,  1889,  230,  309; 
1891,  194;  1892,  318;  1893.  197,  217,  252,  262;  1896,  288,  382. 
(See  1884,  210 ;  1886,  101  ;  1887,  441  ;  1889,  416  ;  1894,  508.) 


Chap.  49.]  PcjBLIC    STATUTES.  765 

Sect.  19  is  amended.     St.  1883,  245. 

Sect.  22  et  seq.  Provisions  regulating  infant  boarding-houses  and  adoj)- 
tions.  St.  1889,309,416;  1891,  194;  1892,  318.  (See  1882,  270  §  3  ; 
1889,  416.) 

Chapter  49.  —Of  the  Laying  Out  and  Discontinuance  of  Ways,  and 
of  Damages  Occasioned  by  the  Taking  of  Land  for  Public  Use. 

A  commission  for  improvement  of  public  roads  and  construction  of  State 
highways  is  provided  for.  St.  1893,  476  ;  1894,  497  ;  1896,  345,  481,  541. 
(See  1892,  338.)  They  may  furnish  steam  rollers  to  towns  for  construc- 
tion of  roads  on  certain  conditions.     St.  1896,  513.      (See  1895,  347,  486.) 

A  metropolitan  park  commission  is  established.  St.  1893,  407  ;  1895, 
450.  They  are  authorized  to  lay  out  roadways  and  boulevards  con- 
nected with  parks.  St.  1894,  288.  (See  1896,  472.)  And  to  join  with 
a  city  or  town  to  lay  out,  widen,  etc.,  streets  in  certain  cases.  St.  1896, 
465.      (See  1894,  393,  483,  509  ;  1895,  272,  283  ;  1896,  199,  466,  550. 

Park  commissioners  are  given  certain  powers  in  regard  to  highways,  con- 
nected with  public  parks.     St.  1893,  300  ;  1896,  313. 

Sects.  1,  10,  13.  Towns  may  alter,  etc  ,  but  not  discontinue,  county 
highways  or  bridges  within  their  limits.     St.  1891,  170. 

Land  may  be  taken  for  public  parks.  St.  1882,  154  ;  1890,  240.  (See 
1893,  225,  300,  331  ;   1896,  199.) 

For  the  cultivation  or  preservation  of  trees.  St.  1882,  255.  (See  1896, 
190.) 

And  for  the  purification  and  disposal  of  sewage.     St.  1890,  124. 

Sewer  and  water  pipes  may  be  laid  in  ways  befoi'e  taking  possession  for 
construction.     St.  1893,  65. 

Spaces  may  be  resei-ved  in  ways  for  certain  special  uses.     St.  1894,  324. 

Sects.  6,  14  et  seq.  County  commissioners  may  lay  out,  etc.,  highways 
under  the  betterment  law,  where  accepted.     St.  1887,  124.     (See  1884,  226.) 

They  may  determine  locations  of  public  landing  places.     St.  1882,  109. 

Sect.  18.  New  pro\asion  made  in  regard  to  payment  of  damages.  St. 
1883,  253. 

Sects.  33,  79,  86,  91  revised  and  extended.  Time  for  application  for  a 
jury  moi'e  particularly  defined.     St.  1892,  415. 

Sect.  47.     OtHcers'^er  diem  for  attendance  fixed.     St.  1882,  96. 

Sects.  84-86  are  revised  and  methods  of  locating,  laying  out  and  con- 
structing ways  in  Boston  regulated.  St.  1888,  397  ;  1891,  323  ;  1892,  401, 
415  §3,^418;  1895,  494;  1896,237.  (See  1893,  339,  478;  1894,  439; 
1895,  334,  449  §  23  ;  1896,  204,  209,  492.) 

Sect.  88.  Provision  for  extending  limit  of  time  by  agreement.  St. 
1893,  82. 

Sect.  91.  Application  for  jury  may  be  brought  within  the  time  speci- 
fied in  section  33,  notwithstanding  the  charter.     St.  1892,  415  §  4. 

Sect.  105.  Petition  for  damages  for  land  taken  by  a  town  in  Dukes  or 
Nantucket  may  be  brought  in  Bristol  county.  St.  1887,  50.  (See  1885, 
384  §  1.) 

Sect.  107.  Auditors  may  be  appointed  in  the  discretion  of  the  court. 
St.  1894,  175. 


766  Changes  in  the  [Chai-s.  50, 51. 


Chapter  50.  —  Of  Sewers,  Drains  and  Sidewalks. 

A  metropolitan  system  of  sewerage  is  provided  for.  St.  1889,  439 ; 
1895,406.      (See  1890,  94,  270;    1891,192;    1892,68,251;    1894,307; 

1895,  294.) 

Sect.  1.  Cities  and  towns  may  take  laud  for  the  pnrification  and  dis- 
posal of  sewage.     St.  1890,  124.      (See  1888,  160.) 

Sects.  1,  3-8.  Construction  of,  and  assessments  for,  sewers  regulated. 
St.  1891,  97;  1892,  245;  1893,  65,  380;  1895,  117,  127,  227;  1896,  236, 
251.  In  Boston.  St.  1892,  402;  1894,  227,  256;  1895,  297,  494;  1896, 
237,  359.      (See  1886,  210  ;   1889,  456  ;   1890,  346  ;  1893,  304,  417  §  266  ; 

1896,  238,  243.) 

Provision  made  for  enforcing  connection  with  public  sewers.  St.  1889, 
108;  1890,  132.  (See  1892,  245  §  4.)  And  repair  of  private  drains  in 
streets.  St.  1893,  312.  Cities  and  towns  may  provide  for  making  all 
drains  and  sewers  main  drains  and  common  sewers.     St.  1895,  227. 

Sects.  5,   7.     Land  sold  may  be  redeemed   as  if   sold   for  taxes.     St. 

1883,  145.  The  lien  shall  continue  two  years.  St.  1886,  210;  1896,  236. 
(See  1884,  237  ;  1891,  97  ;  1892,  245  §  1.)  Real  estate  assessed,  defined. 
St.  1894,  528. 

Sect.  20.  Construction  of  and  assessments  for  sidewalks  in  cities  regu- 
lated. St.  1895,  444;  1896,251.  (See  1891,  323  ;  1892,401,418;  1893, 
437;   1894,  82;   1895,  297,  494;   1896,  158,  345.) 

Sect.  21.     Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sect.  25.  In  cities  which  accept  the  act  assessments  may  be  appor- 
tioned into  not  more  than  ten  annual  instalments.  St.  1891,  97;  1893, 
380.      (See  St.  1892,  245  §  8;  1896,  158.) 

Chapter  51.  —  Of  Betterments  and  other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

This  chapter  applies  to  altei*ations  of  ways  at  railroad  crossings.     St. 

1884,  280.  And  to  laying  out  public  parks.  St.  1882,  154  §  7.  (See 
1893,  300  §  2.) 

The  authorities  may  agree  to  assume  betterments  if  land  owners  will 
release  damages.     St.  1884,  226. 

Sects.  1-8.  Extended  to  ways  laid  out  by  Metropolitan  Park  Commis- 
sion.    St.  1894,  288  §  2. 

Sects.  1-9.  Extended  to  alterations,  etc.,  of  highways  by  towns.  St. 
1891,  170  §  3. 

Provision  for  appointment  of  assessments.     St.  1896,  158. 

Assessments  bear  interest  after  thirty  days  and  the  lien  continues  for  one 
year  after  determination  of  any  suit  to  test  their  validity.  St.  1884,  237. 
(See  1886,  210.) 

Sect.  11.  Notice  of  assessment  of  betterment  must  be  given  within 
three  months  to  party  to  be  charged.     St.  1885,  299. 

County  commissioners  may  lay  out,  etc.,  highways  under  the  betterment 
act,  where  accepted.     St.  1887,  124.     (See  1884,  226.) 


Ghaps.  52-54.]  Public  Statutes.  767 


Chapter  52.  —  Of  the  Repair  of  "Ways  and  Bridges. 

Sect.  1  extended.     St.  189(3,  345  §  2.     (See  1893,  47G  ;  1894,  497  §§  (5,  7.) 

Sect.  10,  as  to  trimming,  etc.,  of  trees,  is  revised.  St.  1885,  123  §  2. 
(See  1890,  196;  1891,  49;   1892,  147;   1893,  78,  403;   1896,  190.) 

Sects.  17,  18.  Cities  and  towns  not  liable  for  injuries  resulting  from 
snow  or  ice  on  a  highway.  St.  1896,  540.  (See  1893,  476  §  13  i  1894, 
497  §§  6,  7.) 

Sect.  19.  Notice  shall  not  be  invalid  for  unintentional  inaccuracy  if 
party  entitled  to  notice  was  not  misled.  St.  1882,  36;  1888,  114.  Pro- 
vision for  correcting  defects  in  notice.     St.  1894,  389.      (See  1894,  422.) 

Words  "in  the  superior  court"  stricken  out.  St.  1888,  114.  (See 
1882,  86.) 

Chapter  53.  —  Of  the  Regulations  and  By-laws  respecting  "Ways  and 

Bridges. 

The  use  of  bicycles,  etc.,  is  regulated.     St.  1894,  479. 

Canals  and  waterways  adjudged  to  be  dangerous  to  public  travel  must 
be  fenced.     St.  1887,  393. 

Sect.  1  revised.  Guide  posts  shall  be  erected  at  forks  and  intersections 
of  ways  leading  to  other  towns.     St.  1887,  162. 

Sects.  11-14.  The  leading  or  driving  of  a  bear  or  other  dangerous  wild 
animal  upon  the  highway  is  forbidden.     St.  1894,  105. 

Sect.  13  et  seq.  Certain  rights  of  way  in  the  streets,  etc.,  are  given  to 
the  police  in  Boston.     St.  1889,  57.     (See  1893,  367  §  120.) 

Cities  and  towns  may  regulate  width  of  tires  on  vehicles  owned  therein. 
St.  1895,  296. 

Selectmen  in  towns  may  regulate  vehicles  in  streets.  St.  1885,  197. 
And  street  musicians  and  coasting.     St.  1892,  390.     (See  1894,  479.) 

Sect.   16  amended.     St.  1892,  390. 

Sect.  18.  County  commissioners  may  regulate  the  speed  at  which  persons 
may  ride  or  drive  over  certain  bridges.     St.  1888,  313.      (See  1882,  108.) 

Sect.  28  et  seq.     See  St.  1889,  246;  1890,  118. 

Chapter  54.  —  Of  the  Boundaries  of  Highways  and  other  Public  Places 
and  Encroachments  thereon. 

Provision  for  establishment  of  a  building  line  on  public  ways.  St.  1893, 
462;   1896,  313. 

An  act  to  protect  trees  from  disfigurement.     St.  1893,  403. 

Erection  and  maintenance  of  posts,  wires  and  structures  in  highways 
regulated.  St.  1884,  302,  306;  1889,  398,  434.  (See  1883,  221.)  And 
advertising  signs  on  posts  in  Boston.     St.  1895,  352. 

Barbed  wire  fences  are  restricted.     St.  1884,  272. 

Sects.  6-11.  Further  provisions  for  planting,  cutting,  trimmins:  and 
preservation  of  shade  trees.  St.  1885,  123;  1890,  196;  1891,  49  ;"l892, 
147;   1896,  190.     (See  Res.  1886,  32.     St.  1893,  78,  403.) 

Sects.  9  and  12  are  repealed.     St.  1885,  123  §  3. 

Sect.  16.     Certain  exceptions  made.     St.  1889,  129;  1893,75. 


768  Changes  in  the  [Chaps.  56-58. 


Chapter  56.  —  Of  the  Inspection  and  Sale  of  Butter,   Cheese,  Lard, 
Pish,  Hops,  Leather,  and  Pot  and  Pearl  Ashes. 

A  uaiform  standard  is  established  for  certain  weights  and  measures.  St. 
1894,  198. 

Provision  made  for  a  State  dairy  bureau  and  protection  of  dairy  products. 
St.  1891,  412;   1892,  139.     (See  1894,  280;   1895,  214.) 

Sects.  3-21.  Sale  of  imitations  of  butter  regulated.  St.  1886,317; 
1891,  58,  412  ;  1894,  280  ;  1896,  377.  (See  1882, 263  ;  1884,  310  ;  1885, 
352.) 

Sale  of  adulterated  lard  regulated.     St.  1887,  449. 

Sect.  20.  Powers  and  duties  of  inspectors  increased.  St.  1884,  310 
§  2;   1885,  352  §  5;   1891,  58  §  2.      (See  1882,  263.) 

Sect.  22  at  seq.  Public  weighers  of  salt-water  fish  provided  for.  St. 
1888,  163. 

Chapter  57.  — Of  the  Inspection  and  Sale  of  Milk. 

Municipal,  district  and  police  courts  and  trial  justices  are  given  juris- 
diction under  this  chapter.     St.  1885,  149.     (See  1893,  396  §  40.) 

Provision  is  made  for  a  State  dairy  bureau  and  protection  of  dairy  prod- 
ucts.    St.  1891,  412  ;   1892,  139. 

This  chapter  is  not  repealed  or  amended  by  St.  1882,  263.  St.  1884, 
289  §  4. 

Sect.   2  is  revised  and  powers  and  duties  of  inspectors  modified.     St. 

1884,  289,   310   §§   3,  4;   1885,  352  §§  4,  5  ;   1886,  318;   1891,  58  §  3 ; 
412  §  10.      (See  1895,  449  §  19;   1896,  250.) 

Sects.  5,  7,  9  are  revised.  Additional  provisions  against  adulteration 
of  milk.  St.  1884,  289,  310;  1885,  352;  1886,  318;  1891,  412;  1896, 
398.  (See  1882,  263;  1889,  326.)  The  sale  of  condensed  milk  is  regu- 
lated.    St.  1896,  264. 

An  act  to  protect  owners  of  cans  used  in  sale  of  milk,  cream,  etc.  St. 
1893,  440. 

Sect.  8.  It  is  made  an  offence  to  obstruct  an  inspector.  St.  1884,  310 
§  5.  And  to  counterfeit  his  seal  or  tamper  with  samples.  St.  1886,  318 
§  4  ;   1896,  398  §  3.     And  to  wilfully  deface  and  misuse  milk  cans.     St. 

1885,  133. 

Sect.  12  is  repealed.     St.  1885,  145. 

Chapter  58.  —  Of  the  Inspection  and  Sale  of  Provisions  and  Animals 
intended  for  Slaughter. 

This  chapter  is  repealed  and  the  laws  relating  to  contagious  diseases 
among  domestic  animals  are  revised  and  codified.  St.  1894,  491  ;  1895, 
476,  496;  1896,  276.  (See  1884,  232;  1885,  148,  378;  1887,  250,  252; 
1892,  195,  432;   1893,  306;  1895,  449  §  19;  1896,  250.) 

Further  provisions  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263;   1884,  289;   1886,  171.     (See  1883,  263;  1896,  397.) 

The  sale  of  dressed  poultry  is  regulated.  St.  1887,  94.  (See  1883, 
230.) 


Chaps.  59-61.]  PUBLIC    STATUTES.  760 


Chapter  59.  —  Of  the  Inspection  and  Sale  of  Certain  Oils. 

Sects.  6,  7.  Provision  is  made  to  regulate  preparation,  storage,  inspec- 
tion and  sale  of  certain  unsafe  oils,  and  kerosene  and  petroleum  products, 
and  the  erection  of  buildings  therefor.  St.  1885,  98,  122;  1894,399. 
(See  1882,  250;  1892,  419  §  111  ;  1896,  520.) 

Chapter  60.  — Of  the  Inspection  and  Sale  of  Various  Articles. 

A  uniform  standard  is  established  for  certain  weights  and  measures. 
St.  1894,  198;   1895,  28. 

An  act  to  regulate  bakeries.     St.  1896,  418. 

Provision  for  inspection  of  ice  sold  in  cities.     St.  1895,  338. 

Dealers  in  ice  must  provide  each  wagon  with  scales  and  weigh  ice  when 
requested.     St.  1890,  276. 

Sects.  11-16  are  repealed  and  new  provisions  made.  St.  1896,  297. 
(See  1888,  296.) 

Sect.  17  is  repealed.     St.  1883,  29. 

Sect.  20.  A  standard  measure  for  cranberries  is  established.  St.  1884, 
161.      (See  1883,  225;  1890,  426.) 

Sects.  21,  22  are  revised  and  other  articles  added.  St.  1888,  414  ;  1894, 
198  §  6.     (See  1890,  465.) 

Sects.  54,  55  are  repealed.     St.  1894,  111. 

Sects.  56,  57  are  revised  and  sections  58-60  repealed.  Wire  nails  are 
included.     Penalties  and  forfeitures  regulated.     St.  1892,  63. 

Sects.  61,  67.     See  St.  1894,  198. 

Sects.  69-71.  Provisions  against  adulteration  of  vinegar  and  for  com- 
pensation of  inspectors.     St.  1883,  257;   1884,  163,  307;  1885,  150. 

Sects.  72-78.  Cities  may  regulate  sale  by  the  load  of  prepared  wood, 
slabs  and  edgings.  St.  1891,  136.  Measurers  may  be  licensed  by  an 
adjoining  town.     St.  1894,  83  §  2. 

Sects.  79-82.  Sale  of  coal  by  measure  regulated,  and  standard  ton 
established.     St.  1894,  429.      (See  1883,  218,  225;  1884,  70.) 

Chapter  61.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

A  board  of  gas  and  electric  light  commissioners  is  established  and  their 
powers  and  duties  prescribed.  St.  1885,  314  ;  1886,  346  ;  1887,  382,  385  ; 
1888,  350;  1889,  373;  1891,  370;  1892,  259,  263;  1894,  327,  503;  1895, 
463;   1896,  356,  426,  473.      (See  1888,  428;  1891,  351.) 

Clerk's  salary  fixed.     St.  1891,  351 ;   1894,  503. 

The  manufacture,  sale  and  inspection  of  gas  and  electric  light  regulated. 
St.  1885,  240,  314 ;  1886,  346  ;  1887,  382,  385 ;  1888,  350,  428^;  1889, 
169;  1890,  252;  1891,  370;  1892,  67,  259,  263,  274;  1893,  454;  1894, 
299,  316,  327;  1895,  228,  330,  350,  420;  1896,  356,  480.  (See  1886, 
250;  1887,  391  §  2;   1890,  404;   1896,  426.) 

Report  of  accidents  required.     St.  1896,  338. 

Sect.   1  amended.     Tenure  of  office  regulated.     St.  1889,  169. 

Sects.  13,  14  do  not  apply  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 


770  Changes  in  the  [Chaps.  63-68. 

Sect.  14  amended.     St.  1892,  67.     (See  1886,  250;  1890,  252.) 

Sect.   16.     Refusal  to  furnish  gas  to  occupant  of  a  building,  because  of 

non-payment  of  gas-bill  by  a  previous  occupant,  is  unlawful.     St.  1894, 

299. 

Sects.   16-18  extended  to  electric  lighting.     St.  1894,  316  ;  1895,  330. 

Chapter  63.  —  Of  the  Survey  and  Sale  of  Lumber,  Ornamental  'Wood 

and  Ship  Timber. 

Sects.   1-5,  16,  19  are  revised.     St.  1890,  159. 

Sects.  6,  7.  Surveyors  may  be  licensed  to  survey  lumber  in  an  adjoin- 
ing town.     St.  1894,  83. 

Chapter  65.  —  Of  Weights  and  Measures. 

A  uniform  standard  of  certain  weights  and  measures  is  established.  St. 
1894,  198;  1895,  28. 

The  weights,  measures  and  balances  to  be  kept  by  counties,  cities  and 
towns  are  defined  and  inspection  provided  for.     St.  1890,  426. 

The  sale  of  coal  by  measure  regulated  and  standard  ton  fixed.  St.  1894, 
429.     (See  1883,  218;   1884,  70.) 

Sect.  8.  Sealers  are  to  be  appointed  in  cities  by  mayor  and  aldermen. 
St.  1882,  42. 

Sect.  21.  Unlawful  measures  may  be  seized.  Their  possession  implies 
unlawful  intent.     St.  1883,  225. 

Sects.  27,  29.     See  St.  1894,  198  ;  1895,  28. 

Chapter  67.  —  Of  Auctioneers. 

Sects.   1,  5  are  revised.     St.  1886,  289. 

Certain  veteran  soldiers  and  sailors  are  exempted  from  payment  of 
license  fee.     St.  1895,  456. 

Sect.  6  amended  and  auction  sales  further  regulated.  St.  1890,  449  ; 
1891,  144.      (See  1886,  289.) 

Chapter  68.  —  Of  Hawkers  and  Peddlers. 

Sect.  1.  Itinerant  vendoi's  must  be  licensed.  Sales  by  them  regulated. 
St.  1890,  448;  1894,  525.  (See  1883,  168;  1885,  309;  1887,  422,  445; 
1890,  449;   1891,  144.) 

Provision  to  prevent  illegal  peddling  by  minors.  St.  1887,  422  ;  1892, 
331.  (See  1885,  305.)  And  peddling  near  licensed  picnic  groves.  St. 
1887,  445.     (See  1885,  309.) 

Sects.  1,  2.  Cities  may  regulate  sale  by  hawkers  and  peddlers  of  any 
articles  mentioned  in  section  one.     St.  1883,  168. 

Sect.  2.  New  provisions  made  for  licensing  minors  and  regulating 
sales  by  them.     St.  1892,  331.      (See  1887,  422.) 

Sects.  4,  9.  Licenses  may  be  granted  to  persons  over  seventy  years 
of  age.  St.  1883,  118.  And  to  certain  honorably  discharged  soldiers  and 
sailors.     St.  1889,  457. 

Sect.   17.     See  St.  1890,  449  §  2. 


Chaps.  69-73.]  PuBLIO    STATUTES.  771 


Chapter  69.  —  Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Copy  of  registers  of  foreign  vessels  must  be  tiled  with  commissioner  of 
corporations  and  the  commissioner  appointed  agent  to  receive  service  of 
legal  process.     St.  1889,  393.     (See  1884,  330.) 

Sects.  1-9.  Provision  made  for  transportation  of  shipwrecked  seamen. 
St.  1886,  179. 

Sect.  5.     Extended  to  Gloucester  harbor.     St.  1895,  106  §  1. 

Sect.  8.     Clause  as  to  advance  wages  stricken  out.     St.  1889,  284. 

Sect.  11.  Harbor  lines  established:  Boston;  St.  1882,  48;  1891,  309  ; 
1892,  358  §  2.  Chelsea;  1887,  344.  Gloucester;  1882,  103;  1883,  109; 
1895,  106  §  2.      (See  1885,  315.)     Haverhill ;   1883,  104. 

Sect.  23.  Further  provisions  for  protection  of  harbors,  beaches  and 
shores.  St.  1884,  269;  1892,  206.  Boston;  1892,  358.  Marblehead ; 
St.  1892,  214. 

Sect.  25.     Provision  for  assistant  harbor  masters.     St.  1882,  216.      (See 

1884,  173.) 

Appointment  of  harbor  masters  in  Boston  regulated.     St.  1889,  147. 
Sects.  26,  29,  33.     Powers  of  harbor  masters  extended.     St.  1884,  173. 
Regulations  made  for  Gloucester  harbor.     1885,  315. 
Sect.  33  extended  to  sections  23-32.     St.  1884,  173. 

Chapter  70.  —Of  Pilots  and  Pilotage. 

Additional  pilots  provided  for.     St.  1882,  174;   1887,  298. 

Pilotage  fees  established  :  Cohasset ;  St.  1887,  298.  Salem  and  Beverly  ; 
1887,204.  Wiuthrop  ;  1892,  114.  Wood's  Holl ;  1889,  275.  (See  1888, 
288.) 

Sect.  7.     Boston  harbor  limits  regulated.     St.  1892,  358  §  2. 

Sect.  12.    The  pilots  shall  be  "  for  any  or  all  of  said  ports."    St.  1890, 300. 

Sects.  26-32.  Certain  exemptions  from  fees  are  made.  St.  1884,  213, 
252. 

Sect.  30.     Limit  extended.     St.  1884,  252  §§  2,  3. 

Sect.  39.  It  is  forbidden  to  assume  or  continue  to  act,  without  author- 
ity, as  a  pilot.     St.  1884,  252  §  6. 

Chapter  72.  — Of  Public  "Warehouses. 

Sect.  2.     Bond  and  sureties  are  to  be  approved  by  the  governor.     St. 

1885,  167. 

Sect.  5.  Provision  for  non-negotiable  receipts  assignable  only  on  the 
books  of  the  warehouseman.     St.  1886,  258. 

Sects.  8,  10  amended.     St.  1895,  348. 

Sect.  10.  Goods  may  be  sold  to  pay  charges  a  year  overdue.  St.  1887, 
277  ;  1895,  348  §  6.  Sale  of  perishable  and  dangerous  goods  provided  for. 
St.  1895,  348. 

Chapter  73.— Of  Common  Carriers  and  Express  Companies. 

An  act  to  ])rotect  the  business  of  licensed  carriers  of  goods  for  hire.  St. 
1895,  481. 


772  Changes  in  the  [Chap.  74. 


Chapter  74.  —  Of  the  Employment  of  Labor. 

A  State  board  of  arbitratiou  and  conciliation  is  establislied,  St.  1886, 
263;  1887,  269.  Clerk  provided  for.  St.  1888,  261.  And  expert  assist- 
ants.    St.  1890,  385  ;   1892,  382. 

A  board  is  established  to  consider  the  subject  of  the  unemployed.  St. 
1894,  238. 

Employment  in  the  civil  service  is  reo;ulated.  St.  1884,  320  ;  1887,  364  ; 
1888,  41,  253,  334;   1889,  177,  183,  35l,  352;  1891,  140;   1893,  95,  253; 

1894,  267,  519  ;  1895,  376,  501  ;  1896,  449,  494,  502,  517.  (See  1895, 
376.) 

Preference  is  to  be  given  to  veteran  soldiers  and  sailors  in  certain  cases. 
St.  1896,  517.     (See  1884,  320  §  14;  1887,  437;   1889,  473;  1894,  519; 

1895,  501.) 

And  to  citizens  of  the  United  States  in  employment  of  mechanics  and 
laborers  in  public  works.     St.  1896,  494. 

Provision  for  appointment  of  a  registrar  of  labor.     St.  1895,  376. 

It  is  made  an  offence  to  compel  any  person,  as  a  condition  of  employ- 
ment, to  agree  not  to  join  a  labor  organization.     St.  1894,  508  §  3.      (See 

1892,  330  ;   1894,  437.) 

Workmen  employed  by  a  contractor  on  public  work  for  a  city  or  town 
may  sue  the  city  or  town  for  their  wages,  on  certain  conditions.     St.  1892,  270. 

Provision  to  prevent  persons  not  residents  of  the  Commonwealth  acting 
as  officers  to  protect  property  of  employers  of  labor.     St.  1892,  413. 

Provision  for  authorizing  bells,  gongs  and  whistles  for  factories,  etc. 
St.  1883,  84. 

Leave  of  absence  to  vote  provided  for.  St.  1893,  417  §  7.  (See  1887, 
272  ;  1890,  423  §§  143,  144.)  Influencing  or  punishing  vote  of  employees 
is  forbidden.     St.  1893,  417  §  337  ;  1894,  209. 

Sects.  1,  2,  3  are  repealed  and  the  laws  relating  to  employment  of  labor 
are  revised  and  consolidated.     St.   1894,  508,  534;   1895,  129,  144,  438; 

1896,  241,  334,  449,  494.  (See  1882,  150;  1884,  275;  1886,  87;  1887, 
103,  121,  173,  215,  218,  269,  280,  330,  363,  399,  433;  1888,  149,  305, 
348,  426  §  1  ;  1889,  135,  291;  1890,  48,  90,  183,  299,  375;  1891,  125, 
239,317,350,357;  1892,83,  210,  296,  330,  352,  357,  410;  1893,  246, 
386,  406;   1894,  209,  437;  1895,  471  ;  1896,  343,  444,  481,  502,  517.) 

Specification  of  work  is  required  in  textile  factories.  St.  1894,  534; 
1895,  144.  (See  1887,361;  1891,  125;  1892,  410.)  Use  of  traversing 
machinery  in  cotton  factories  restricted.     1896,  343. 

Sect.  3.  Liability  of  employers  for  injuries  to  employees  extended  and 
regulated.     St.   1886,  260;  1887,  270;   1888,155;   1890,83;   1892,260; 

1893,  111,  359;  1894,  499;  1895,  362  §  7.  (See  1883,  243;  1886,  140, 
173;  1890,  179;   1896,  343.) 

Sect.  4.  Hours  of  labor  regulated  in  certain  cases.  St.  1894,  508 
§§  7-14.  (See  1883,  157;  1884,  275;  1886,  90;  1887,  215,  280,  330; 
1888,  348  §§  1,  2;  1890,  183,  375;  1891,  350;  1892,  83,  352,  357;  1893, 
386,  406.) 

Sects.  4,  5.  Form  of  complaint  presci'ibed.  St.  1894,  508  §  56.  (See 
1892,  210.) 


Chaps.  75-79.]  PUBLIO    STATUTES.  773 


Chapter  75.  —  Of  Limited  Partnerships. 

Sect.  3.  Name  of  a  former  firm  may  be  used  with  consent  of  its  mem- 
bers.    St.  1887,  248  §  1. 

Sect.  5.     Fee  for  filing  fixed  at  one  dollar.     St.  189G,  523. 

Sects.  7,  8,  12  amended.  Interest  and  liability  of  special  partners  reg- 
ulated.    St.  1887,  248. 

Chapter  76.— Of  the  Use  of  Trade-marks  and  Names. 

An  act  to  protect  owners  of  cans,  bottles,  etc.,  used  in  sale  of  milk, 
cream,  soda  water  and  other  beverages.  St.  1893,  440.  And  to  protect 
use  of  labels,  trade-marks  and  forms  of  advertising.  St.  1895,  4G2.  (See 
1890,  104;   1893,  443;  1894,  285.) 

Sale  of  goods  marked  sterling,  or  coin  silver,  regulated.     St.  1894,  292. 

Chapter  77.  — Of  Money,  Bills  of  Exchange,  Promissory  Notes  and 

Checks. 

Sect.  1.  The  par  of  exchange  established  by  United  States  Rev.  Sts. 
§  3565  is  adopted.     St.  1882,  110. 

Sect.  3  is  not  repealed  by  St.  1888,  388. 

Interest  on  and  discharge  of  small  loans  regulated.  St.  1888,  388; 
1892,  428.      (See  1890,  416.) 

No  written  promise  to  pay  money  shall  be  held  not  to  be  a  promissory 
note  or  not  negotiable  because  time  of  payment  is  uncertain,  if  it  is  pay- 
able in  any  event.     St.  1888,  329. 

Sect.  8  et  seq.  When  Christmas  falls  on  a  Sunday  the  next  day  is  a 
holiday.  St.  1882,  49.  Fast  day  abolished  and  April  19th  made  a  holi- 
day.    St.  1894,  130;   1896,  162. 

The  first  Monday  of  September  is  "  labor's  holiday."     St.  1887,  263. 

An  act  to  abolish  days  of  grace  on  commercial  paper,  except  sight  drafts. 
St.  1896,  496.     (See  1896,  228.) 

Presentment  of  bills  and  notes  on  holidays  regulated.  St.  1894,  333. 
(See  1894,  427;  1895,  415.) 

Provision  made  for  payment  of  checks,  drafts,  etc.,  presented  after 
death  of  drawer.     St.  1885,  210. 

Sect.  1 7  amended.    Banking  hours  on  Saturday  regulated.     St.  1895,  415. 

Chapter  78.  —  Of  the  Prevention  of  Frauds  and  Perjuries. 

No  agreement  to  make  a  will,  devise  or  legacy  is  binding  unless  in  writ- 
ing.    St.  1888,  372. 

Chapter  79. — Of  the  State  Board  of  Health,  Lunacy  and  Charity. 

The  board  is  divided  into  a  board  of  health,  and  a  board  of  lunacy  and 
charity.     St.  1886,  101. 

Salary  of  secretary  fixed.     St.  1889,  370. 

The  boai-d  of  health  is  given  general  supervision  of  inland  waters  and 
sources  of  water  supply.  St.  1888,  375  ;  1890,  441  §  1.  (See  1884,  154; 
1886,  274;   1889,  439.)     And  the  vaccine  institutions.     St.  1894,  355. 


774  Changes  in  the  [Chap.  so. 

It  may  forbid  sale  of  impure  ice.     St.  1886,  287.     (See  1895,  338.) 

Appropriation  for  enforcing  laws  against  adulterations  increased.  St. 
18'J1,  319.      (See  1882,  263  §  5  ;   1883,  263;   1884,  289  §  1.) 

False  representations  to  officers  of  the  board,  etc,  made  punishable. 
St.  1891,  343. 

It  must  report  prosecutions  and  expenditures.     St.  1884,  289  §  2. 

The  governor  may  appoint  a  special  officer  to  assist  in  cases  of  deserted 
and  unprotected  chiklren.     St.  1895,  310.      (See  1885,  158.) 

Sect.  9.  Classes  of  inmates  who  may  be  removed  specified.  St.  1887, 
367.      (See  1886,  219,  319;   1887,346.) 

Sect.  13  amended.     St.  1894,  196. 

Chapter  80.  — Of  the  Preservation  of  the  Public  Health. 

A  metropolitan  system  of  sewerage  is  provided  for.  St.  1889,  439  ; 
1895,406.  (See  1891,  192;  1894,307;  1895,294.)  And  water  supply. 
St.  1895,  488;  1896,  436.  And  parks.  St.  1893,  407;  1894,  288,  509; 
1895,  305,  450.  (See  1893,  475  ;  1894,  393,  483  ;  1895,  272,  283  ;  1896, 
199,  465,  466,  550.)     And  improvement  of  Charles  river.     St.   1893,  475. 

Provision  made  to  prevent  adulteration  of  food  and  drugs.  St.  1882, 
263;  1884,  280;  1886,  171,  287;  1891,  319.  (See  1883,  263;  1891,  58, 
374,  412;  1894,  280;  1896,  264,  377,  397.)  And  of  spirituous  liquors. 
St.  1896,  272. 

To  regulate  bakeries.     St.  1896,  418. 

To  prevent  sale  of  toys  or  confectionery  containing  arsenic.  St.  1891, 
374. 

To  prevent  sale  of  impure  ice.     St.  1886,  287.      (See  1895,  338.) 

To  prevent  manufacture  of  clothing  in  unhealthy  places.  St.  1894,  508 
§§  44-48.      (See  1891,  357;  1892,  296;   1893,  246.) 

To  prevent  feeding  of  garbage,  refuse  or  offal  to  milch  cows.  St.  1889, 
326.     Or  to  food  animals.     St.  1895,  385. 

To  authorize  and  regulate  crematories.     St.  1885,  265. 

To  abate  nuisances  by  smoke  in  Boston.     St.  1895,  389.     (See  1893,  353.) 

For  suppression  of  contagious  diseases  among  cattle.  St.  1884,  232  ; 
1887,  250,  252;  1894,  491  ;  1895,  476,  496;  1896,  276.  (See  1885,  148, 
378;   1892,  195,  432;   1893,  306.) 

For  registration  and  regulation  of  pharmacists.  St.  1896,  397.  (See 
1885,  313  ;  1887,  267  ;  1893,  227,  472  ;  1894,  435.)  And  of  dentists.  St. 
1887,  137.  And  plumbers.  St.  1888,  105;  1893,  477;  1894,  455;  1895, 
453.  (See  1882,  252  §  2;  1892,  419  §§  120,  138.)  And  of  physicians 
and  surgeons.  St.  1894,  458;  1895,  412;  1896,  230.  And  for  licensing 
and  regulating  stables  in  cities.     St.  1891,  220  ;  1895,  213. 

Supreme  judicial  court  in  equity  may  enforce  provisions  of  this  chapter 
and  acts  in  addition  thereto.     St.  1893,  460. 

Sects.  1,  53,  93  amended.     St.  1886,  101  §  4. 

Sects.  2,  21,  28-35  amended  ;  section  3  repealed,  and  provision  made  for 
election  of  boards  of  health  in  towns.  St.  1894,  218,  473  ;  1895,  398,  506. 
(See  1885,  307.) 

Sect.  8  is  revised.     St.  1895,  332.      (See  1894,  174.) 

Sect.  10.     Local  boards  may  close  places  of  burial.     St.  1885,  278  §  1. 


Chaps.  81, 82.]  PuBLIO   STATUTES.  775 

Sect.  12.  Provisions  for  regulation  of  house  drainage  and  connection 
with  public  sewers.     St.  1889,  108  ;  1890,  74,  132. 

Sects.  21-23.     Privy  vaults  are  restricted  iu  cities.     St.  1890,  74. 

Sect.  28.  Expenditure  under  this  section,  without  a  previous  appropri- 
tion,  is  limited.     St.  1887,  338  §  1. 

Sects.  30-32.  Right  given  of  appeal  and  trial  by  jury,  as  in  case  of 
land  taken  for  highways.     St.  1887,  338  §§  2,  3. 

Sects.  51-55  repealed.  New  provisions  made  in  regard  to  vaccination. 
St.  1894,  515. 

Sect.  60.  Further  provisions  regulating  infant  boarding-houses  and 
adoptions.  St.  1889,  309  ;  1891,  194;  1892,  318.  (See  1882,  270;  1885, 
176;  1889,  416;  1893,  262.) 

Sect.  69  amended.     St.  1893,  79. 

Sect.  70.  Massachusetts  homeopathic  hospital  aided,  and  appointment 
of  trustees  provided  for.     St.  1890,  358. 

Sects.  78,  79  are  repealed  and  new  provisions  made  as  to  notices  and 
reports  of  contagious  diseases.  St.  1883,  138;  1884,  98;  1890,  102; 
1891,  188;  1893,  302.  Provision  for  hospital  accommodations  in  cities. 
St.  1894,  511.  And  for  treatment  of  indigent  persons  suffering  from  con- 
tagious or  infectious  venereal  diseases.  St.  1895,  400.  (See  1895,  483, 
503.) 

Sect.  83  amended.     St.  1886,  101  §  4.     (See  1883,  138 ;  1893,  302.) 

Sects.  88-91  amended.  Appeals  and  proceedings  regulated.  St.  1889, 
193.     (See  1883,  133.) 

Sect.  92.     Consent  of  common  council  required  in  cities.     St.  1893,  106. 

Sect.  96  amended.     St.  1896,  252. 

Sect.  96  et  seq.  Further  provision  made  to  protect  the  purity  of  inland 
waters  and  sources  of  water  supply.     St.  1884,  154,  172  ;  1888,  160,  375  ; 

1890,  441.      (See  1886,  274;  1893,  407.) 

A  metropolitan  sewerage  system  is  established.     St.  1889,  439. 
Sects.  98-100  are  repealed.     St.  1884,  154. 
Sects.  103-105  are  repealed.     St.  1891,  120. 

Chapter  81.  —  Of  the  Promotion  of  Anatomical  Science. 
Sect.  1.     Change  made  in  persons  by  whom  permits  may  be  given.     St. 

1891,  185,  406. 

Sect.  3  repealed.     St.  1891,  185. 

Sect.  4.     Friends  have  three  days  to  ask  for  burial.     St.  1891,  185  §  2. 

Chapter  82. —  Of  Cemeteries  and  Burials. 

Provision  made  for  commissioners  of  burial  grounds  in  towns.  St. 
1890,  264. 

Cremation  of  the  dead  authorized  and  regulated.     St.  1885,  265. 

Change  of  corporate  name  provided  for.     St.  1891,  360  ;   1892,  198,  201. 

Sect.  3  is  repealed  and  new  provisions  made  defining  rights  of  widows 
and  children  in  burial  lots  and  tombs.  St.  1885,  302  ;  1892,  165.  (See 
1883,  262.) 

Sect.  6.  Conveyances  need  be  recorded  only  in  the  records  of  the  cor- 
poration.    St.  1883,  142;   1889,299. 


776  Changes  in  the  [Chaps.  84, 85. 

Records  must  be  kept  of  all  conveyances  and  contracts  in  relation  to 
lots.      St.  1889,  299.      (See  1883,  142;   1890,  264  §  3.) 

Sect.  17.  Towns  and  cities  may  receive  funds  for  care,  improvement 
and  maintenance  of  burial  places  and  lots.     St.  1884,  186  ;  1890,  264  §  4. 

Sect.  19,  Boards  of  health  may  close  any  place  of  burial.  St.  1885, 
278  §  1. 

Sect.  24.  To  sustain  an  appeal  the  jury  must  find  that  the  closing  was 
not  necessary  for  the  protection  of  the  public  health.     St.  1885,  278  §  2. 

Sects.  25-28  are  repealed.     St.  1885,  278  §  3. 

Chapter  84. —Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Provision  is  made  for  remedial  treatment  of  recently  insane  paupers. 
St.  1890,  414.      (See  1886,  319  §  3.) 

False  representations  for  the  purpose  of  causing  any  person  to  be  sup- 
ported as  a  pauper  are  made  an  offence.     St.  1891,  343. 

Provision  made  for  custody  and  care  of  pauper  children.  St.  1882,  181 ; 
1883,  232,  245  ;  1886,  330  ;  ^1887,  401  ;  1888,  248  ;  1889,  230  ;  1893,  197, 
217,  252;   1896,  288,  382. 

Sect.  2.     See  St.  1890,  414  ;  1893,  423  §  12. 

Sect.  3  is  extended  to  towns.  St.  1893,  197.  The  state  board  of 
lunacy  and  charity  may  act  in  certain  cases.  St.  1887,  401  ;  1893,  197 
§  2.     (See  1889,  230  §  2.) 

Sect.  6.  The  pauper  and  his  estate  are  made  liable  for  expenses  in- 
curred for  him.     St.  1882,  113. 

Sects.  14-18.  Transportation  of  destitute  shipwrecked  seamen  provided 
for.     St.  1886,  179. 

Sect.  17.  Overseers  shall  bury  unclaimed  or  unidentified  bodies  upon 
which  inquests  have  been  held.     St.  1887,  310  §  3. 

Burial  of  deceased  indigent  soldiers,  sailors  and  marines  provided  for. 
St.  1889,  395  ;   1892,  184. 

The  sums  which  may  be  paid  for  burial  of  paupers  are  increased.  St. 
1890,  71. 

Sect.  18.  Period  for  which  aid  may  be  furnished  increased.  St.  1891, 
90  §  1. 

Sects.  18,  21,  35  amended.     St.  1886,  101  §  4. 

Sect.  19  is  revised.     St.  1895,  445. 

Sect.  20.  Towns  and  cities  may  contract  with  hospitals  for  temporary 
cax'e  of  the  unfortunate  and  sick.     St.  1890,  119. 

Sect.  21  amended.  St.  1883,  232  §  1.  (See  1882,  181,  270;  1883, 
245;   1885,176;  1886,330;  1887,401;   1888,248;  1893,217.) 

Sect.  29.  Removal  by  overseers  to  be  made  within  one  month  after 
notice.     St.  1891,  90  §  2. 

Chapter  85.— Of  the  Maintenance  of  Bastard  Children. 

Sect.  1.  Clerk  of  court  may  receive  complaint  and  issue  warrant.  St. 
1885,  289. 

Sect.  2  amended.     St.  1886,  101  §  4. 

Sect.  6.  Accused  may  be  committed  until  bond  be  given.  Provision 
for  approval  of  bond.     St.  1891,  367. 


Chaps.  86, 87.]  PUBLIC    STATUTES.  777 


Chapter  86.  —  Of  Alien  Passengers  and  State  Paupers. 

Sect.  1  aineuded.     St.  1886,  101  §  4. 

Sect.  13.  A  new  board  for  both  almshouse  aud  workhouse  is  estab- 
lished and  regulated.     St.  1884,  297;   1891,  299. 

Sects.  16,  19.  The  same  person  may  be  superintendent  and  resident 
physician.     St.  1883,  278. 

Sect.  21.  Change  made  in  persons  who  may  give  certificates.  St. 
1891,84. 

Sect.  22  et  seq.  Tlie  removal  of  sick  paupers  is  further  regulated.  St. 
1885,  211  ;  1887,  440, 

Sects.  25,  26,  31  amended.  St.  1885,  211;  1891,153.  (See  1887, 
440.) 

Sect.  28  was  repealed  by  St.  1883,  239,  which  was  again  repealed  and 
new  provisions  made  by  St.  1886,  298.      (See  1884,  88  ;   1887,  123  §  2.) 

Sect.  37  is  extended  to  persons  not  being  sentenced  inmates.  Com- 
plaints regulated.     St.  1884,  258.     (See  1886,  101  §  4.) 

Sect.  39.  Board  of  lunacy  and  charity  may  transfer  pauper  lunatics  to 
asylum  at  State  almshouse.     St.  1888,  69. 

Sect.  44  et  seq.  New  provisions  made  as  to  care  of  children.  St.  1882, 
181;   1883,232;    1886,330;    1888,248;    1893,217,252;   1896,288,382. 

A  limited  number  of  children  aftlicted  with  epilepsy  or  chronic  disease 
may  be  placed  in  hospital  cottages  at  Baldwinville,  which  are  aided,  and 
State  trustees  are  provided  for.  St.  1887,  441  ;  1889,  230  ;  1890,  354  ; 
1892,407.  (See  Res.  1888,  91.)  Hospital  established  for  epileptics.  St. 
1895,  483.     And  for  consumptives.     St.  1895,  503.     (See  1895,  400.) 

Sect.  46  amended.     St.  1882,  181  §  1. 

Chapter  87. — Of  Lunacy  and  Institutions  for  Lunatics. 

Sects.  1,  29  amended.     St.  1886,  101  §  4. 

Sect.  2  et  seq.  Additional  hospital  accommodations  provided  for  at 
Westborough  ;  St.  1884,  322.  In  eastern  Massachusetts  ;  St.  1890.  445. 
At  Medfield  and  Dover  ;  St.  1892,  425.  (See  1892,  425  ;  1893,  395  ;  1894, 
391,  465,526;  1895,  399.  Res.  1896,  41.)  A  hospital  for  male  dipso- 
maniacs and  inebriates;  St.  1889,  414;  1890,  251 ;  1891,  158.  (See  1885, 
339;  1891,307;  1892,53;  1893,223,256,395.  Res.  1892,  33,  50,  55.) 
For  insane  criminals;  St.  1886,  219  ;  1895,  390.  And  for  epileptics;  St. 
1895,  483. 

Sect.  4.     Number  of  trustees  increased.     St.  1884,  149. 

Sects.  6,  7,  9.     Extended  to  hospital  for  epileptics.     St.  1895,  483  §  6. 

Sect.  6  et  seq.  At  all  State  institutions  for  the  insane,  pi'ovision  shall 
be  made  for  fire  escapes  and  apparatus.     St.  1890,  378. 

Sect.  7.     Female  assistant  physicians  provided  for.     St.     1884,  116. 

Sect.  9.     Time  of  meeting  and  of  report  changed.     St.  1887,  170. 

Sect.  11  e^  seq.  Further  provisions  as  to  commitment  and  custody  of 
insane.  St.  1884,  234,  322  §§  7,  9  ;  1885,  339,  385;  1886,  219,  319; 
1887,346;  1889,90,414;  1890,414;  1891,  158;  1892,53;  1894,195; 
1895,  286,  390,  429.     (See  1883,  148  ;   1892,  229.) 


778  Changes  in  the  [Chap.  88. 

Sects.   11,  37,  46.     Cities  of  over  fifty  thousand  inhabitants  may  estab- 
lish asylums  for  chronic  insane,     St.  1884,  234. 

Chronic  and  quiet  insane  may  be  cared  for  in  private  families.     St.  1885, 
385.      (See  1887,  347  §  2,  367;   1890,  414;   1894,  195;  1896,  482.) 

Sect.   12  amended.     St.  1894,  195. 

Sect.    13  is  revised.     St.   1895,  286,  429.      (See  1892,  229.)     Fee  for 
commitment  established.     St.  1894,  493. 

Sect.    14  repealed.     St.  1892,  53  §  2. 
See  St.  1884,  322  §  7. 
li'ees  as  witnesses  of  salaried  officers  regulated.     St.  1890, 


Sect. 

15. 

Sect. 

21. 

440. 

Sect. 

23. 

Sect. 

25. 

Fee  for  physician's  certificate  changed.     St.  1894,  493  §  2. 
Application  shall  be  made  in  case  of  any  insane  person  de- 
prived of  proper  treatment.     St.  1890,  414  §  1. 

Sect.   26.     See  St.  1884,  234. 

Sects.  32-34.  Commonwealth  shall  pay  for  support  of  certain  crimi- 
nals committed  to  insane  hospitals.  St.  1883,  148  ;  1889,  90.  (See  1894, 
214  §  3.) 

Provision  to  reimburse  towns  in  certain  cases.     St.  1892,243;   1895,375. 

Sect.   37.     Name  of  temporary  asylum  changed.     St.  1887,  239. 

Sect.  38  et  seq.  The  transfer  of  the  insane  regulated.  St.  1884,  234 
§  3,  322  §§  7,  9  ;  1885,  339  §§  2,  3,  385  ;  1886,  219,  319  ;  1887,  346  §  2, 
367;  1889,  90,414  §  16;  1890,414;  1891,  158;  1894,  251;  1895,390; 
1896,  482. 

Sect.  40.  Superintendents  may  be  authorized  to  discharge  patients  and 
may  allow  temporary  absences.  St.  1883,  78.  (See  1885,  339  §  3 ;  1886, 
319.) 

Sect.  46  et  seq.  Overseers  of  the  poor  shall  not  commit  or  detain  re- 
cently insane  persons  in  an  almshouse  without  remedial  treatment.  They 
must  give  notice  to  the  State  board  of  the  admission  and  discharge  of  the 
insane.      St.  1890,  414.      (See  1886,  319  §  3.) 

Sects.  47-49  are  repealed.  The  asylum  at  Ipswich  is  discontinued.  St. 
1887,  207.      (See  1890,  445.) 

Sect.  50.     See  St.  1887,  367. 

Sect.  55  et  seq.  Name  changed  to  "  school  for  the  feeble-minded." 
Regulations  revised.  St.  1883,  239;  1886,  298  The  allowance  is  in- 
creased.    St.  1887,  123.      (See  1884,  88;  1886,  298  §  4.) 

Chapter  88.  —  Of  the  State  Workhouse. 

Name  changed  to  "  State  farm."     St.  1887,  264. 

Anew  board  is  established.  St.  1884,  297  ;  1891,  299.  (See  1883,  279  ; 
1887,  264.) 

Provision  for  an  asylum  for  insane  criminals.     St.  1886,  219  ;  1895,  390. 

Sect.   4  amended.     St.  1886,  101  §  4. 

Sects.  5-8.  Persons  not  being  sentenced  inmates,  who  escape  and 
within  one  year  are  found  begging,  may  be  punished.  St.  1884,  258.  (See 
1889,  245.) 

Provision  made  for  transfer  of  prisoners  to  and  from  the  State  farm. 
St.  1884,  297;   1887,  292;   1890,  180,  278;   1894,  214. 


Chaps.  89-91.]  PUBLIO   STATUTES.  779 


Chapter  89.  —  Of  the  State  Primary  and  Reform  Schools  and  the  Vis- 
itation and  Reformation  of  Juvenile  Offenders. 

Sects.  1,  8.  Primary  and  reform  schools  changed  to  Lyman  school ;  and 
authority  of  trustees  extended  and  commitments  regulated.  St.  1884,  323  ; 
1885,  86,  151  ;   1895,  428.      (See  1884,  255  §  11  ;   1896,  288.) 

Sects.  4,  5.  Provision  made  for  care  and  maintenance  of  pauper  chil- 
dren between  the  ages  of  three  and  sixteen  having  no  settlement.  St. 
1882,  181  ;   1883,  232  §  3  ;  1886,  330.      (See  1888,  248;   1896,  288.) 

Sects.  5,  7  amended.     St.  1886,  101  §  4. 

Sect.  15  et  seq.  Girls  committed  by  United  States  courts  are  to  be  sent 
to  the  State  industrial  school  for  girls.     St.  1887,  426  §  2. 

Arrests  and  commitments  of  children  regulated.  St.  1882,  127,  181 
§  3;  1883,  110;  1884,  255  §  11,  323  §  3  ;  "1888,  248.  (See  1887,  266; 
1889,  469  ;  1896,  288,  382.) 

No  boy  over  fifteen  shall  be  committed  to  the  Lyman  school.  St,  1884, 
255  §  11,  323  §  3. 

Sect.  18.  Summons  to  be  issued  to  children  under  twelve.  St.  1882, 
127  §  3. 

Sect.  20.     New  provision  made  as  to  notice  of  complaint.     St.  1883,  110. 

Sect.  33.  Fees  and  charges  of  salaried  officers  regulated.  St.  1889, 
469;   1890,  440;  1891,  325. 

Sect,  34  et  seq.     See  1896,  288. 

Sect.  45.  Trustees  may  discharge  boys  for  mental  incapacity  or  bodily 
infirmity.     St,  1889,  123. 

Sects.  49,  51  repealed.  St,  1888,  248  §  2,  (See  1882,  181  §  3; 
1887,  266.) 

Chapter  90.  —  Of  Contagious  Diseases  among  Cattle,  Horses  and  other 

Domestic  Animals. 

This  chapter  is  repealed  and  revised.     St.  1887,  252  ;  1892,  195,  432  ; 

1894,  491  ;  1895,  476,  496  ;  1896,  276.      (See  1884,  232;   1885,  148,  378  ; 
1887,  250;   1893,  306.) 

Chapter  91.  —  Of  Inland  Fisheries  and  Kelp. 

The  commissioners  shall  be  game  commissioners  also.     St,  1886,  276  §  7  ; 

1895,  56. 

Fishing  is  regulated  in  various  places :  Barnstable  county ;  St.  1884, 
264;  1887,  120,  (See  1885,  193;  1886,  202;  1887,  120,)  Bass  river; 
1894,134.  Berkshire;  1888,  276  ;  1890,  193  ;  1895,199,  Bourne;  1891, 
164.  (See  1889,  202.)  Brimfield ;  1895,  411.  Bristol;  1882,  189. 
Buzzard's  bay;  1884,  214  §  2;  1886,  192;  1891,  327;  1893,  205,  255. 
(See  1887,  197;  1890,  229.)  Dennis;  1895,  203.  Dukes;  1884,  245; 
1886,234.  (See  1882,  102;  1895,  180.)  Eastham ;  1893,  77.  Edgar- 
town;  1882,  65;  1885,  247;  1886,  234;  1891,52.  (See  1882,  65;  1885, 
247.)  Essex;  1888,126;  1893,36.  Franklin,  Hampden  and  Hampshire 
1890,193.  Crystal  lake,  Haverhill;  1894,  296.  Marion;  1892,  188 
1893,  255.     Marshfield,    1889,  292 ;    1890,   336.      Mashpee :     1884,   264 


780  Changes  in  the  [Chap.  91. 

1892,196.  Mattapoisett ;  1884,214;  1890,229;  1892,186.  (See  1887, 
197.)  Merrimack  river;  1882,  166;  1883,  31,  121;  1884,  317;  1893, 
201;  1895,  88.  (See  1894,  113.)  Nantucket;  1891,  128.  (See  1887, 
96;  1888,  238.)  Norwell  and  Pembroke;  1889,  292;  1890,  336.  Plum 
Island  bay  (tributaries);  1887,  105;  1890,  30.  Plymouth;  1884,  199; 
1886,163;  1889,292;  1890,336.  (See  1883,  76.)  Quinsigamond  lake. 
1896,  259.  Randolph;  1889,  78.  Scituate ;  1889,  292;  1890,  336. 
AV^elltleet  bay;  1891,  135.  (See  1889,  179.)  Lake  Chaubunagunga- 
maug,  Webster ;    1896,110.     Westport ;  1887,193;   1891,137. 

Persons  violating  the  fish  laws  may  be  arrested  without  a  warrant  in  cer- 
tain cases.     St.  1893,  105. 

Commissioners  may  forbid  discharge  of  sawdust  from  a  mill  into  a  brook. 
St.  1890,  129. 

The  catching  of  pickerel  is  restricted.     St.  1888,  331.     (See  1895,  199.) 

Squam  pond,  Gloucester,  granted  to  the  United  States  fish  commission 
for  ten  years.     St.  1892,  43. 

Provision  made  for  protection  of  traps,  trawls  and  seines.  St.  1882, 
.53. 

A  bounty  provided  for  destruction  of  seals.     St.  1888,  287 ;   1892,  234. 

Sect.  3.     See  St.  1893,  105. 

Sects.   10-24.     Use  of  nets  in  ponds  restricted.     St.  1884,  318. 

An  act  for  the  protection  of  great  pouds.     St.  1888,  318. 

Sect.  12.  The  provisions  for  leasing  great  ponds  are  repealed.  St. 
1885,  109.      (See  1889,  3.54;  1895,  180.) 

Sect.  16.  Proceedings  against  defaulting  lessees  regulated.  St.  1886, 
248. 

Sect.   17.     See  St.  1886,  248  §  2. 

Sect.  25.  Provision  for  flowing  lands  in  Barnstable  for  fish  culture. 
St.  1889,  383. 

Sect.  26  not  repealed  by  St.  1892,  252. 

Sect.  31.     Rights  of  riparian  proprietors  extended.     St.  1890,  231. 

Sects.  36,  39.  Use  of  nets  and  seines  in  Merrimack  river  regulated. 
St.  1882,  166  ;  1883,  31,  121  ;  1884,  317.      (See  1882,  53.) 

Sect.  41.     Certain  fisheries  exempted.     St.  1884,  199. 

Sects.  45,  46.     See  St.  1894,  113. 

Sects.  51-53.  Regulations  for  trout,  land-locked  salmon  and  lake  trout 
fishing.  St.  1884,  171;  1888,276;  1890,193;  1891,138;  1892,252; 
1895,  277.     (See  1893,  105.) 

Furnishing  trout  and  trout  spawn  by  the  Commonwealth  regulated.  St. 
1893,  59. 

Sect.  55.     See  St.  1888,  126. 

Sect.  56.     Black  bass  fishing  regulated.     St.  1893,  80  ;  1896,  229. 

Sects.  57,  59.  Smelt  fishery  regulated  in  certain  waters  St.  1887, 
105;   1890,  30;  1891,  128;   1894,  189. 

Sects.  68,  69.  Cities  and  towns  may  regulate  or  prohibit  taking  of  eels 
and  shell-fish.  St.  1889,  391.  (See  1889,  64;  1892,  186,  188;  1893, 
55,  255.) 

Sect.  70.  Rights  acquired  under  this  section  not  affected  by  St.  1886, 
192;   1887,  197;   1890,  229;   1891,  327;   1893,  205. 


Chap.  92.]  PuBLIO    STATUTES.  781 

Sects.  73,  74,  75  apply  to  owners  of  traps  or  contrivances  for  catcbins; 
lobsters.     St.  1889,  109. 

Sect.  76.     See  St.  1882,  102;   1884,  245,  264;    1887,  120. 

Sect.  81  et  seq.  Provisions  for  protection  of  lobsters.  St,  1882,  98  ; 
1884,  212;  1885,  256;  1887,  314;  1889,  109;  1890,  293;  1891,  122; 
1893,  183.     (See  1892,  403  ;   1893,  105.) 

Sect.  84.     See  St.  1884,  212  ;   1887,  314. 

Sect.  85.     See  St.  1887,  314  §  2. 

Sects.  93,  94.     Tbe  planting  and  taking  of  oysters  are  regulated.     St. 

1884,  284;   1885,  220;   1886,  299;  1895,  282.     Taking  oysters  restricted 
in  Westport;   St.  1887,  119.     In  Yarmoutb ;  St.  1892,  74. 

The  planting  and  digging  of  clams  are  regulated  in  certain  places.  St. 
1888,  198,  202;    1889,  64.^ 

Sect.  95.     The  taking  of  scallops  is  regulated,     St.  1896,  268.      (See 

1885,  220,   §§3,  4;   1887,   96;  1888,   223,   238;    1889,  391;   1892,   188; 
1893,  55,  172.) 

Sects.  97-101  extended  to  waters  where  there  are  no  natural  oyster  beds. 
St.  1884,  284.     And  to  oyster  shells  planted  to  catch  seed.     St.  1895,  282. 

Use  of  dredge,  tongs,  etc.,  on  private  oyster  beds  forbidden  without  con- 
sent of  owners.     St.  1885,  220  §  5.     (See  1893,  105.) 

The  granting  of  oyster  licenses  regulated.  St.  1885,  220;  1886,  299. 
(See  1884,  284.)  . 

Sect.  104.  Payment  of  fines  and  forfeitures  regulated.  St.  1890,  390 
§  3.      (See  1887,  314  §  2.) 

Chapter  92.  —  Of  the  Preservation  of  Certain  Birds  and  other  Animals. 

This  chapter  is  repealed  and  revised.  St.  1886,  276  ;  1887,  300  ;  1888, 
292;  1891,  142,  254;  1892,  102;  1893,  49,  105,  189,  398;  1894,  97,  102, 
205;  1895,55.  (See  1882,  199;  1883,  36,169;  1884,  282,308;  1886, 
246;  1887,  211;   1888,  269;   1890,  237,  249.) 

The  fish  commissioners  are  made  game  commissioners  also.  St.  1886, 
276  §  7.      (See  1895,  56.) 

Persons  found  violating  the  game  laws  may  be  arrested  without  a  war- 
rant in  certain  cases.     St.  1893,  105. 

Provision  made  for  pi'otection  of  game  and  prevention  of  trespass  on 
private  land.     St.  1884,  308  ;    1890,  403,  410.     (See  1886,  276  §  4.) 

Liberating  a  fox  or  raccoon  in  Dukes  county  is  prohibited.  Provision 
for  a  reward  for  their  destruction.     St.  1890,  237. 

Sects.  1,  2.  The  close  time  for  grouse,  woodcock,  quail  and  ducks  is 
regulated.  Killing  pinnated  grouse  at  any  time  forbidden.  St.  1894,  205. 
(See  1886,  276  §  1  ;  1888,  292;  1890,  249;  1891,  142;  1893,  189,  398.) 
Quail  are  protected  in  Nantucket.     St.  1893,  49.     (See  1894,  102.) 

Mongolian,  English  and  golden  pheasants  are  protected.  St.  1895,  55. 
(See  Res.  1894,  79.) 

Sect.  3.  Shooting  black  duck  in  Plymouth  bay  and  harbor  regulated. 
St.  1888,  269.  Shooting  wild  fowl  from  boats  in  certain  waters  of  Nan- 
tucket is  forbidden.     St.  1886,  246. 

Pursuit  of  wild  fowl  with  a  boat  propelled  by  any  other  means  than  sails, 
oars  or  paddles  is  prohibited.     St.  1892,  102.     (See  1886,  246,  276.) 


782  Changes  in  the  [Chaps.  93-100. 

Sect.  6.  Provision  made  for  extermination  of  the  English  sparrow.  St. 
1890,  443.      (See  1883,  36;   1886,  276  §  4.) 

Sect.  7.  Trapping  or  snaring  of  certain  game  and  use  of  ferrets  are 
made  offences.  St.  1886,  276  §  6  ;  1887,  300;  1891,  254.  (See  1884, 
308;  1893,  105.) 

Sects.  8-10.  Further  provision  for  protection  of  deer.  St.  1882,  199  ; 
1883,  169.      (See  1893,  105.) 

Sect.  9.     Close  season  extended.     St.  1894,  97. 

Chapter  93.— Of  the  Law  of  the  Road. 

See  St.  1889,  57;   1893,  367  §  120. 

Chapter  94.  —  Of  Timber  afloat  or  cast  on  Shore. 

Floating  of  timber  in  Connecticut  river  regulated.  St.  1882,  274  ;  1883, 
183. 

Chapter  97.  — Of  Wrecks  and  Shipwrecked  Goods. 

This  chapter  is  revised.     St.  1887,  98.     (See  1883,  260  ;   1885,  341.) 
Provision  made  for  removal  of  wrecks  and  obstructions  in  tide-waters. 
St.  1883,  260. 

Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

Sects.  1,  2,  3  are  repealed  and  the  observance  of  the  Lord's  day  regu- 
lated.    St.  1895,  434.      (See  1886,  82;   1887,  391;   1893,  41.) 

The  provisions  of  this  chapter  are  not  a  defence  to  actions  for  injuries 
to  a  traveller  on  the  Lord's  day.     St.  1884,  37. 

Sects.  13,  15  amended.     St.  1887,  391  §  3. 

Chapter  99.  — Of  Gaming. 

Provision  made  for  recovery  of  payments,  etc.,  made  on  wagering  con- 
tracts in  securities  and  commodities.     St.  1890,  437.      (See  1892,  138.) 

Provisions  against  gaming  houses  and  resorts.  St.  1885,  342  ;  1887, 
448;  1892,388;  1894,  410  ;""  1895,  419.  (See  1883,  120  ;  1885,66;  1887, 
380;  1890,  439  §  2;  1893,  226.)  And  against  lotteries,  policy  lotteries 
and  pool  selling.     St.  1892,  409  ;  1895,  419. 

Sects.  1,  2  amended.     St.  1895,  419  §§  11,  12. 

Sect.  8  amended.     St.  1885,  342  ;  1895,  419  §  13.      (See  1894,  410.) 

Sect.  10  repealed.     St.  1895,  419  §  14. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Provision  made  for  license  boards  in  certain  cities.  St.  1894,  428 ; 
1895,  379  ;  1896,  396. 

The  disposal  or  placing  on  file  of  liquor  cases  is  restricted.  St.  1885, 
359. 

A  penalty  is  provided  for  employing  a  person  under  eighteen  to  serve 
liquor.     St.  1890,  446. 

Provision  is  made  to  prevent  illegal  sale  of  liquor  in  clubs.  St.  1887, 
206  ;   1890,  439  ;  1893,  226  ;  1894,  542. 


Chap.  100.]  PuBLIO   STATUTES.  783 

Sect.  1.  Sweet  cider  and  light  wines  exempted  in  certain  cases.  St. 
1894,  489. 

Sects.  2,  3,  5,  8,  10.  Licenses  to  and  sales  by  druggists  and  apotheca- 
ries regulated.  St.  1896,  397.  (See  1885,313;  1887,267,431;  1889, 
270;  1893,  472  §  4;  1894,  435.) 

Sect.  5  et  seq.  The  granting  of  licenses  is  further  limited  and  regulated. 
St.  1882,  220,  222,  242,  259;  1883,  93;  1884,  158;  1885,  83,90,  216, 
323  §  2;  1887,  323,  392  ;  1888,  139,  254,  262,  340,  341  ;  1889,  270,  344, 
347,  361  ;  1890,  446;  1891,  369;  1892,  280;  1896,  397  §  7.  (See  1886, 
323  §  2  ;   1887,  431  ;   1893,  148  ;   1894,  428,  435. 

Number  of  places  to  be  licensed  limited.     St.  1888,  340. 

Transfer  of  locality  of  licenses  provided  for.     St.  1889,  344. 

Licenses  in  summer  resorts  provided  for.  St.  1888,  340  ;  1892,  280  ; 
1896,  440. 

Sect.  7.  Objection  may  be  made  by  owner  of  real  estate  within  twenty- 
five  feet  of  premises.     St.  1887,  323. 

Sect.  9.     Sales  at  night  regulated.     St.  1882,  242  ;  1885,  90. 

CI.  3  is  revised.     St.  1896,  272. 

CI.  4  extended  to  persons  supported  by  public  charity.     St.  1884,  158. 

CI.  5  revised.  Selling  liquor  at  a  table  in  a  bar-room  prohibited.  St. 
1891,  369. 

Sect.  10,  els.  1-5.  Sale,  gift  or  delivery  is  forbidden  on  election  days 
and  certain  holidays.  St.  1885,  216  ;  1888,  254,  262  ;  1889,  347,  361 ; 
1894,  130;  1895,  337;  1896,  162  §  2,  308.     (See  188.5,  90;  1889,  186.) 

And  may  be  forbidden  in  cases  of  riot  or  great  public  excitement.  St. 
1887,  365. 

Cls.  1-3.  No  license  of  these  classes  shall  be  for  a  building  within  four 
nundred  feet  of  a  public  school.     St.  1882,  220.      (See  1894,  129.) 

Cls  1-5.  No  license  of  the  first  five  classes  shall  be  granted  to  be  ex- 
ercised in  a  dwelling-house  or  a  store  having  interior  connection  with  a 
dwelling.     St.  1888,  139. 

Licenses  of  the  sixth  class  limited  and  regulated.  St.  1896,  397.  (See 
1885,  313  ;  1887,  267,  431  ;  1889, 270  ;  1893,  227,  472  ;  1894,  435.) 

Sect.  11.     The  minimum  fees  are  increased.     St  1888,  341. 

Sect.  12.  View  of  interior  of  the  premises  must  not  be  obstructed. 
St.  1882,  259  §  1. 

Sect.  13.  Further  requirements  of  sureties  provided  for.  St.  1882,  259 
§  2.  Number  of  bonds  on  which  one  may  be  surety  limited.  St.  1894,  388  ; 
1896,  169.     The  form  of  bond  is  changed.     St.  1888,  283. 

Sect.  16.  License  shall  be  void  on  conviction  of  violation  of  any  provi- 
sion of  the  liquor  laws.     St.  1887,  392. 

Sect.  18  is  extended  to  common  victuallers.  St.  1882,  242.  The  pen- 
alties are  modified.     St  1889,  114,  268.     (See  1896,  308.  J 

Sect.  24.  Sales  to  a  minor  for  his  own  or  any  other  person's  use  are 
forbidden.     St.  1889,  390. 

Sale  to  children  under  sixteen  of  candy,  or  other  article,  enclosing  a  liquid 
containing  more  than  one  per  cent,  of  alcohol  is  forbidden.     St.  1891,  333. 

Sect.  25  is  extended  to  sales  by  druggists  except  on  physicians'  prescrip- 
tions.    The  mayor  or  selectmen  may  give  the  notice  and  sue  for  benefit  of 


784  Changes  in  the  [Chaps.  loi,  102. 

husband,  wife,  child,  parent  or  ajuardian.  St.  1885,  282.  (See  1896, 
397.) 

Sect.  26.     Additional  facts  made  j9n'ma/acie  evidence,     St.  1887,  414. 

Sect.  27  is  revised  and  new  definition  made.     St.  1888,  219. 

Sect.  29.  The  inspection  and  analysis  of  liquors  regulated.  St. 
1882,  221. 

Salary  of  inspector  and  assayer  fixed.     St.  1887,  232.      (See  1885,  224  ; 

1886,  175.) 

Sect.  30.  A  search  warrant  may  be  issued  by  a  justice  authorized  to 
issue  warrants  in  criminal  cases.     St.  1884,  191.      (See  1884,  286.) 

Sects.  30,  33.  Implements  of  sale  and  furniture  used  or  kept  to  be 
used  for  illegal  keeping  or  sale  of  liquor  may  be  seized,  and  may  be 
destroyed  or  sold  as  court  may  oi'der.     St.  1887,  406  ;  1888,  297. 

Sect.  38.     Provision    made   for   disposition   of   forfeited  liquors.     St. 

1887,  53;   1888,  297.      (See  1887,  406.) 

Sect.  40.     Costs  increased  in  certain  cases.     St.  1888,  277. 
Sect.  45.     Clubs  may  be  licensed.     St.  1887,  206.      (See  1890,  439  ; 
1893,  226;   1894,  542.) 

Chapter  101.— Of  the  Suppression  of  Common  Nuisances. 

Sect.  6.  Provision  for  suppression  of  nuisances  under  this  section. 
St.  1887,  380.      (See  1887,  206.) 

St.  1887,  414,  applies  to  cases  under  this  chapter.  St.  1887,  414  §  3. 
Additional  costs  allowed  in  certain  cases,     St.  1888,  277. 

Chapter  102.  —  Of  Licenses  and  Municipal  Regulations  of  Police. 

Provision  made  for  registration  of  pharmacists.  St.  1896,  397.  (See 
1885,313;    1887,   267;    1893,227,472;    1894,435,)     Of  dentists,     St. 

1887,  137.     Of  plumbers,  and  inspection  of  their  work  and  materials,     St. 

1888,  105  ;  1893,  477  ;  1894,  455  ;  1895,  453.  (See  1882,  252  §  2  ;  1892, 
419  §§  120,  138.)  Of  physicians  and  surgeons.  St.  1894,  458;  1895, 
412,     Of  horses  used  for  breeding  purposes.     St,  1890,  334, 

And  for  licenses  for  infant  boarding-houses,  St.  1892,  318.  (See  1882, 
270,  §  3  ;  1889,  309,  416  ;  1891,  194  ;  1895,  310  §  2,  And  for  license  to 
make,  alter  or  repair  clothing  for  sale  in  a  private  house,  St,  1893,  246. 
(See  1891,  357;  1892,  296.)  And  for  itinerant  vendors  of  merchandise. 
St.  1890,  448  ;   1894,  525. 

Licenses  are  required  for  engineers  and  firemen  of  certain  steam  boilers, 
St.  1895,  471  ;   1896,  546.      (See  1893,  387;  1894,  481  §  2;  1895,  418.) 

Sect.  2  amended.  Provision  made  for  license  commissioners  in  certain 
cities.     St.  1894,  235,  428. 

Sect.  4.    Tira'e  of  grant  and  expiration  of  licenses  changed.     St.  1890,  73. 

Sect.  5.     See  St.  1885,  316;   1893,  436. 

Sect.  12,  15.     Liability  of  innholders  fui'ther  limited.     St.  1885,  358. 

Sect.  13  extended  to  boarding-houses.  St.  1883,  187.  Maximum  fine 
decreased.  St.  1884,  169.  Disposition  of  unclaimed  or  retained  baggage, 
etc.,  regulated.     St.  1893,  419;   1894,  181. 

Public  lodging-houses  in  Boston  must  be  licensed.     St.  1894,  414. 


Chap.  102.]  PuBLIC    STATUTES,  785 

Sect.  21.  Words  "  who  is  a  minor"  added  after  "  student."  St.  1893, 
292  §  1. 

Sect.  23  is  repealed.     St.  1893,  292  §  2. 

Sect.  26.     lutelligeuce  offices  are  regulated.     St.  1894,  180. 

Sect.  33.  Articles  of  personal  apparel  are  not  to  be  deemed  perishable 
within  the  meaning  of  this  section.     St.  1884,  324. 

Sects.  33-37.  The  business  of  making  loans  on  deposits  or  pledges  of 
personal  property  is  regulated.  St.  1890,  416;  1895,  497.  (See  188.5, 
252;   1888,  388;   1892,  428;   1896,  183.) 

Sect.  34.  St.  1888,  388,  does  not  apply  to  licensed  pawnbrokers  and 
does  not  affect  this  section.     St.  1890,  416  §  6  ;   1892,  428  §  6. 

Sect.  35.  Any  district  police  officer  may  enter  and  examine  pawnshops. 
St.  1888,  243. 

Sect.  39.  Provision  for  licenses  for  stables.  St.  1890,  230,  395  ;  1891, 
220;  1895,  213;   1896,  332.      (See  1889,  89.) 

No  liver}'  stable  shall  be  within  two  hundred  feet  of  a  church,  etc.,  with- 
out consent  of  the  society  worshipping  therein.     St.  1891,  220  §  2. 

Sects.  40-53  repealed  so  far  as  they  relate  to  the  city  of  Boston  and 
other  provisions  made.     St.  1892,  419.     (See  1895,  471  ;   1896,  546.) 

Sect.  49.     See  St.  1893,  387. 

Sect.  54.  Cities  and  towns  may  regulate  sale  or  use  of  toy  pistols,  toy 
cannon  and  articles  in  which  explosives  are  used.     St.  1882,  272. 

Fire-arms  or  dangerous  weapons  may  not  be  sold  or  furnished  to  persons 
under  fifteen.     St.  1884,  76. 

Sect.  56.  Provision  made  for  notice  to  chief  engineer,  etc.,  of  place  of 
storage  of  gunpowder  and  explosive  compounds.     St.  1882,  269. 

Sects.  69-75.  Regulations  for  preparation,  storage,  inspection  and  sale 
of  kerosene  and  petroleum  products  and  erection  of  buildings  therefor. 
St.  1885,  98,  122;  1894,  399.      (See  1882,  250.) 

Sects.  80-84.  The  licensing  of  dogs  is  further  i-egulated.  St.  1885, 
292;   1886,  259  §  2  ;   1887,  135,  307;   1890,  72;   1892,  50. 

The  keeping  of  blood-hounds  and  other  like  dogs  is  restricted.  St.  1886. 
340;  1892,  50. 

Special  licenses  may  be  granted  for  breeding  purposes.     St.   1887,  307. 

Bond  required  to  account  for  receipts  from  dog  licenses.  St.  1888,  320. 
Time  for  payment  of  such  receipts  changed.     St.  1886,  259. 

Sect.  83  amended.     St.  1886,  101  §  4. 

Sect.  86.  Provision  for  recording  licenses  in  cases  of  transfer.  St. 
1884,  185. 

Sect.  98  et  seq.  The  law  as  to  damages  to  domestic  animals,  etc.,  by 
dogs  is  revised.     St.  1889,  454;   1894,  309.      (See  1886,  259  §  1.) 

Provision  for  appropriations  from  dog  tax  for  maintenance  of  free  public 
libraries  in  towns.     St.  1890,  347  §  5. 

Sect.  115  amended.  No  license  shall  be  granted  for  Sunday  exhibi- 
tions.    St.  1895,  434  §  3.     (See  1894,  353.) 

An  act  to  prevent  immoral  shows  and  entertainments.     St.  1896,  339. 

Sects.  115-127.  Provision  for  licensing  skating  rinks.  St.  1885,  196. 
And  picnic  groves.     St.  1885,  309.      (See  1887,  445.) 

Admission  of  children  to  places  of  amusement  regulated.     St.  1883,  446. 


786  Changes  in  the  [Chaps.  io3,  104. 

Sects.  116-119.  Municipal,  district  and  police  courts  have  jurisdiction 
under  these  sections.     St.  1887,  293. 

Sect.  124.  Rate  and  manner  of  payment  for  these  licenses  changed. 
St.  1882,  258.      (See  1894,  180.) 

Fee  for  pawnbrokers'  license  established  in  certain  cases.  St.  1895, 
497  §  2. 

Hawking  and  peddling  restricted,  and  gaming,  horse-racing  and  shows 
forbidden  within  one-half  mile  of  licensed  groves  for  picnics,  etc.  St. 
1887,  445.     (See  1885,  309.) 

ChapterlOS.  —  Of  the  District  and  Other  Police. 

The  laws  relating  to  the  inspection  department  of  the  district  police  are 
revised.  St.  1894,  481.  (See  1888,  113,  389,  426;  1891,  302,357  §  6; 
1893,  111,  199,  387;  1894,  337,  341.) 

Provision  for  a  resen'e  police  force  in  certain  cities.     St.  1896,  314. 

Special  officers  appointed  in  an  emergency  must  be  residents  of  the  State. 
St.  1892,  413. 

Tenure  of  police  officers  regulated  in  certain  cities.     St.  1890,  319. 

Police  matrons  required  in  certain  cities.     St.  1887,  234;   1888,  181. 

Pensions  are  provided  for  in  certain  cities.  St.  1887,  178;  1892,  353, 
378. 

Sect.  1.  Number  of  district  police  increased.  St.  1885,  131  ;  1887, 
256;  1888,  389,  426  §  13;  1891,  302,  357  §  6;  1893,  387;  1894,  281; 
1895,  310,  396,  418  §  8.     (See  1885,  158.) 

The  requirement  of  an  examination  by  a  justice  is  repealed.  St.  1885, 
186.     (See  1884,  190.) 

Sect.  3.     Clerks  provided  in  chief's  office  and  their  salaries  fixed.     St. 

1890,  137;   1892,249. 

Sect.  5.     Salaries  fixed.     St.  1887,  127;   1892,  128. 

Sect.  10.  Duties  of  inspectors  extended.  St.  1887,  218  ;  1888,  149 
§  3,  316,  399,  426;  1891,  357;  1895,  136  §  3  ;  144,  §  3.  (See  1882,  266 
§  6;  1885,  326;  1887,  219,  226;  1888,  207;  1890,  438;  1891,  261;  1893, 
387.) 

An  appeal  is  given  from  certain  orders  of  inspectors.     St.  1890,  438 ; 

1891,  261. 

Sect.  U  is  repealed.  St.  1894,481.  (See  1886,  260  §  3  ;  1890,83; 
1893,  111.) 

Sect.  13.     Street  railway  police  provided  for.     St.  1895,  318. 

Sects.  14,  16.  An  act  relative  to  evidence  of  appointment  of  railroad 
and  steamboat  police.     St.  1896,  225. 

Sect.  15.  Railroad  police  shall  be  sworn.  Tenure  of  office  regulated. 
St.  1883,  65.  They  are  to  be  paid  no  witness  fees  in  certain  cases.  St. 
1890,  440  §  9. 

Chapter  104.  —Of  the  Inspection  of  Buildings. 

An  act  to  authorize  the  establishment  of  a  building  line  on  public  ways. 
St.  1893,  462;  1896,  313. 

The  height  of  buildings  in  cities  is  restricted.  St.  1891,  355.  And  on 
parkways  and  boulevards.     St.  1896,  313. 


Chap.  105.]  PUBLIC    STATUTES.  787 

Sects.  1-14,  21,  22  and  24  are  repealed  and  the  erection  and  construc- 
tion of  buildings  to  be  used  for  certain  public  purposes  are  regulated.  St. 
1894,  382,  481,  508.  (See  1882,  208, 266  ;  1883,  173, 251  ;  1884,  52,  223  ; 
1885,  326;  1886,  173;  1887,  103  §  3,  173,  218;  1888,  113,  207,  305,  316; 
1890,  83,  179,  307,  438;  1892,  419;  1893,  111,  199,  387;  1894,  337, 
341.) 

Building  law  for  Boston.  St.  1892,  419  ;  1893,  170,  293,  297,  464  ; 
1894,257,443;  1895,  97,  239,  280,  314;  1896,  416,  520.  (See  1888, 
316;  1893,199.)  Public  lodging-houses  in  Boston  regulated.  St.  1894, 
414.     (See  1883,  251  §  2  ;   1888,  426  ;    1892,  410.) 

Sects.  4-12.  Provision  made  for  inspection  and  proceedings  under  these 
sections.  St.  1888,  149,  316,  399,  426;  1890,  438;  1891,  261.  (See 
1892,  419.)  And  for  inspection  of  certain  steam  boilers.  St.  1895,  418. 
(See  1895,  471.) 

Sect.  6.  Provision  for  appointment  of  officers  where  there  is  no  engi- 
neer.    St.  1888,  399  §  4. 

Sect.  8.  Appeal  given  from  orders  of  district  police  inspectors.  St. 
1890,  438;   1891,  261. 

Sect.  12.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Sects.  13-24.  In  manufacturing  establishments  run  by  steam  the  engi- 
neer's room  must,  if  required  by  inspector,  have  means  to  communicate 
with  machinery  rooms,  and  to  control  the  power.  St.  1886,  173;  1890, 
179. 

The  placing  of  traversing  machinery  in  cotton  factories  is  regulated.  St. 
1896,  343. 

Sect.  14.     Extended  to  mercantile  and  public  buildings.     St.  1882,  208. 

The  use  of  elevators  is  further  regulated.  St.  1882,  208;  1883,  173; 
1890,  90. 

Sects.  15-20  are  repealed  and  the  provisions  for  precautions  against  fire 
are  revised  and  extended.  St.  1882,  251 ;  1884,  223 ;  1888,  86,  426  ; 
1894,  382.  (See  1882,  266;  1884,  52;  1888,  207,  316,  399,  426;  1890, 
307;  1892,419;   1893,199;   1894,341;  1895,418.) 

Sect.  19.  No  inside  or  outside  door  of  factory,  etc.,  shall  be  fastened 
during  working  hours.     St.  1884,  52. 

Sect.  20.  Theatres  must  have  approved  fire-resisting  curtains.  St. 
1888,  426  §  1.  (See  1888,  207.)  Audience  hall  shall  not  be  above  second 
floor.     St.  1894,  382. 

Provision  for  securing  proper  sanitary  precautions  in  school-houses,  fac- 
tories aud  workshops.  St.  1894,  508.  (See  1887,  103  §  3,  173,  218; 
1888,  149,  305;  1891,  261.) 

Sect.  23  is  revised.  St.  1887,  276.  (See  1882,  266  §  4 ;  1887,  219; 
1888,  426.) 

Sect.  24  is  made  to  apply  to  sections  16  to  21.     St.  1882,  266  §  5. 

Chapter  105.  —  Of   Certain   Powers,  Duties  and   Liabilities  of  Cor- 
porations. 

Change  of  name  of  corporations  subject  to  provisions  of  chapters  106- 
119  provided  for.  St.  1891,  360  ;  1892,  198,  201.  (See  1891,  257  ;  1895, 
104;  1896,  523.) 


788  Changes  in  the  [Chap.  loe. 

Assuming  name  of  auother  corporation,  or  a  similar  name,  is  restricted. 
St.  1891,  257.     (See  1888,  413  §  27,  429  §  2.) 

Conditions  prescribed  for  foreign  corporations  doing  business  liere.  St. 
1882,  106;  1883,  74;  1884,  330;  1886,  230;  1889,  393;  1890,  329; 
1891,  341  ;  1894,  381,  476,  541 ;  1895,  157,  311  ;  1896,  391.  (See  1887, 
214  §§77-88,91,92;  1888,321,429  §  13;  1889,356,427,452;  1890, 
197,  199,  304,  310,  321;  1891,  275,  368,  403;  1892,  129;  1893,  303; 
1894,  522  §§  77-91  ;   1896,  286.) 

Penalties  for  fraud  of  ofHcei's  and  stockholders  extended  to  foreign  cor- 
porations doing  business  here.  St.  1895,  157.  And  liability  for  debts  and 
contracts.     St^  1896,  391. 

Issuing  obligations  to  be  redeemed  in  numerical  or  arbitrar}^  order  of 
precedence,  is  prohibited.     St.  1891,  382. 

Provision  for  insolvency  proceedings  by  or 'against  certain  foreign  cor- 
porations.    St.  1890,  321. 

Safe  deposit,  loan  and  trust  companies  are  subject  to  the  duties,  restric- 
tions and  liabilities  set  forth  in  this  chapter.  St.  1888,  413.  (See  1887, 
89  ;  1889,  342,  452  ;  1890,  315  ;  1892,  327  ;  1893,  114  ;  1894,  274  ;  1896, 
423.) 

Sects.  14,  15  are  repealed,  but  officers  may  be  removed  for  previous  vio- 
lations of  section  14.     St.  1889,  222. 

Sects.  18,  19  are  repealed,  and  the  issue  of  stock  or  scrip  dividends  by 
certain  corporations  is  prohibited.     St.  1894,  350. 

Sect.  20.  Issue  of  new  stock  and  bonds  by  certain  quasi-public  cor- 
porations regulated.     St.  1894,  450,  452,  462,  472,  476,  501,  502. 

Sect.  21.  Stockholder  may  require  list  of  stockholders  filed  in  office  of 
secretary  of  the  Commonwealth.     St.  1889,  222  §  3. 

Sect.  24.  No  record  is  necessary  for  the  transfer  of  stock.  St.  1884, 
229. 

s'ect.  28.  See  St.  1884,  268,  330;  1888,  321  ;  1889,  393;  1890,  321  ; 
1894,  384. 

Sect.  42.     The  time  limit  is  stricken  out.     St.  1884,  203. 

Chapter  106.  —  Of  Manufacturing  and  Other  Corporations. 

Corporations  created  under  this  chapter  may  issue  special  stock,  to  be 
held  by  their  employees  only.     St.  1886,  209. 

Manufacturing  corporations  may  support  free  beds  in  hospitals  for  use 
of  their  employees.     St.  1889,  258. 

Sects.  3,  4,  51.  Corporations  governed  by  these  sections  may  change 
their  business  under  section  51.     St.  1885,  310. 

Sect.  6  et  seq.  Corporations  to  examine  and  guarantee  titles  of  real 
estate  are  authorized  and  regulated.  St.  1884,  180;  1887,  214  §§  62,  63. 
And  for  the  cremation  of  the  dead.  St.  1885,  265.  (See  1886,  101,  §  4  ; 
1888,  306  §  2.) 

Sects.  7,  8,  13,  14.     Par  value  of  shares  regulated.     St.  1894,  500. 

Sect.  11  extended  to  hydrostatic  and  pneumatic  pressure  for  mechanical 
power.     St.  1891,  189;  1893,  397. 

Sects.  11,  52,  75  extended  to  gas  for  heating,  cooking,  chemical  and 
mechanical  purposes.     St.  1885,  240. 


Chaps.  107,  109,]  PuBLTC   STATUTES.  789 

Sect.  13  extended  to  include  buildings  for  manufacturing  and  mechani- 
cal purposes.     St.  1888,  116. 

Sect.  17.  Method  established  for  change  of  name  of  corporations  sub- 
ject to  provisions  of  chapters  82,  106-119,  and  acts  amendatory  thereof. 
St.  1891,  360;   1892,  198,  201. 

Sect.  26.     Provisions  as  to  treasurers'  bonds.     St.  1896,  346. 

Sect.  27.  Clause  as  to  proxy  or  attorney  casting  more  than  fifty  votes 
is  repealed.     St.  1888,  188.     (See  1889,  222.) 

Sect.  34  et  seq.  Increase  of  stock  of  certain  quasi-public  corporations 
regulated.     St.  1894,  450,  452,  462,  472,  476,  501,  502.     (See  1890,  371.) 

Sects.  39-41  are  repealed.     St.  1894,  472. 

Sect.  50.  Certain  foreign  corporations  may  hold  real  estate  here.  St. 
1888,  321  ;  1895,  387.     (See  1884,  330.) 

Sects.  51,  52.  Gas  companies  may  be  authorized  to  furnish  electric 
light  and  power.  St.  1887,  385.  (See  1885,  240.)  Fee  for  filing  certifi- 
cate fixed.     St.  1895,  169. 

Sect.  54  extended  to  foreign  corporations  having  usual  places  of  busi- 
ness in  this  Commonwealth.     St.  1891,  341  ;  1894,  541 ;  1895,  311. 

Sects.  54,  55,  59,  81,  82,  84.  All  corporations,  with  certain  exceptions, 
are  subject  to  these  sections  and  must  make  the  certificates  and  return 
therein  required.  St.  1887,  225  ;  1890,  199  ;  1891,  341  ;  1894,  541  ;  1895, 
311  ;  1896,  369. 

Any  stockholder  may  require  a  list  of  stockholders  to  be  filed.  St.  1889. 
222  §  3. 

The  certificates  are  deemed  to  be  recorded  by  the  act  of  filing.  They 
are  to  be  preserved  in  book  form.     St.  1890,  199. 

Sects.  60-71  apply  to  foreign  corporations.     St.  1896,  391. 

Sects.  62-71  apply  to  mortgage  loan  and  investment,  and  safe  deposit, 
loan  and  trust  companies.     St.  1888,  387  §  11,  413  §  14. 

Sects.  75,  76  amended.     St.  1896,  544. 

Sect.  75  et  seq.  A  board  of  gas  and  electric  light  commissioners  is 
established,  and  the  business  of  the  companies  is  regulated.  St.  1885,  240, 
314;  1886,250,346;  1887,382,385;  1888,  350,  428;  1889,  169,  373; 
1890,  252;  1891,  370;  1892,  67,  259,  263,  274;  1893,454;  1894,  182, 
299,  316,  327,  432,  448,  450;  1895,  350,  420;  1896,  356,  473,  480.  (See 
1896,  426.) 

Pneumatic  pressure  is  included.     St.  1896,  544. 

Sect.  84.  Fee  for  filing  and  recording  certificates  changed.  St.  1895, 
169;  1896,  523. 

Chapter  107.  — Of  Swine  Slaughtering  Associations. 

Sect.  2.  is  amended.     St.  1886,  101  §  4. 

Chapter  109.  —  Of  Companies  for  the  Transmission  of  Intelligence 

by  Electricity. 

This  chapter,  except  sections  16  and  18,  applies  to  lines  for  electric  light. 
St.  1883,  221. 

The  erection  and  use  of  wires  for  telegraph,  telephone  and  electric  light- 
ius  are  regulated.     St.  1883,  221  ;  1884,  302,  306  ;  1885,  267,  380;   1887, 


790  Changes  in  the  [Chaps.  no,  112. 

382,385;  1889,398,484;  1890,404;  1891,370;  1892,274;  1893,274, 
454  ;  1894,  182,  432  ;  1895,  228,  330,  350,  420  ;  1896,  356,  426,  473,  480. 
As  to  Boston,  see  1894,  454 ;  1895,  228  §  2. 

Sect.  4  amended.  Abutters  may  have  damages  for  erection  or  alteration 
of  telegraph,  telephone  and  electric  light  and  power  lines  along  highwaj-s. 
St.  1884,  306.     (See  1884,  302.) 

Sect.  7.     At  least  half  must  be  paid  in  in  cash.     St.  1893,  274. 

New  issue  of  stock  and  bonds  regulated.  St.  1890,  371  ;  1894,  450, 
452,  472,  476  ;  1896,  473.     (See  1894,  501.) 

Sect.  10.  Telephone  companies  must  furnish  service  without  discrimi- 
nation.    St.  1885,  267. 

Telegraph  companies  are  made  liable  to  amount  of  $100  for  damages 
caused  by  negligence  in  transmitting  messages.     St.  1885,  380. 

Sects.  12,  15.  Wires  may  not  be  put  on  another's  property  without  his 
consent.     St.  1884,  302.     (See  1884,  306.) 

Electric  light  or  power  companies  are  authorized  to  mortgage  property  to 
secure  bonds.     St.  1890,  371 ;  1894,  501. 

Sect.  16.     See  St.  1895,  330. 

Chapter  110.  — Of  Aqueduct  Corporations. 

Payment  and  returns  of  capital  stock  regulated.     St.  1894,  380. 
Sects.  7,  8  are  repealed  and  issue  of  stock  and  bonds  regulated.     St. 
1894,  452,  472,  476. 

Chapter  112.  — Of  Bailroad  Corporations  and  Railroads. 

The  operation  of  railroads  by  electricity  is  authorized.     St.  1892,  110. 

State  inspection  of  tracks,  equipment,  etc.,  is  provided  for.  St.  1894, 
535. 

Railroad  corporations  are  required  to  issue  mileage  tickets  which  shall  be 
accepted  on  all  railroad  lines  in  the  State.     St.  1892,  389. 

The  issuing  of  tickets  free  or  at  less  than  usual  rates  to  members  of  the 
legislature,  the  executive,  the  judiciary  and  certain  others  is  forbidden. 
St.  1892,  59. 

Railroad  companies  may  join  relief  societies  of  employees.  St.  1886, 
125.     (See  1882,  244;  1887,  270  §  6;  1890,  181.) 

Provision  for  elevated  railways  in  and  near  Boston.  St.  1894,  548,  550. 
(See  1890,  368.) 

Provision  for  compensation  for  joint  occupancy  of  stations  and  grounds. 
St.  1893,  142. 

Conditional  sales  and  leases  of  equipment  and  rolling  stock  are  regulated. 
St.  1894,  326.  Leases  and  consolidations  must  be  approved  by  railroad 
commissioners.     St.  1894,  506. 

Sect.  9.     Assistant  clerk  allowed.     St.  1895,  313. 

Sects.  10-12.  Salaries  fixed:  Clerk;  St.  1885,  119.  Assistant  clerk; 
1895,313.  Accountant;  1885,  164.  Salaries  are  to  be  paid  monthly. 
St.  1885,  224.  Allowance  made  for  books,  maps  and  incidentals.  St.  1890, 
200.     (See  1894,  535  §  8;   1896,  302.) 

Sect.  14.  Powers  of  the  commissioners  increased.  St.  1882,  162,  265 
§1;   1883,117;   1885,110,334;  1886,120;   1888,240;   1890,382;  1891, 


CuAf.  112.]  PuBMc  Statutes.  701 

120,   204;    18'J2,   171,   228;    1803,   142,  210  §  2,  315;  181)4,  41,  402,  400, 
472,  o02,  506,  535,  54;{ ;   1895,  136,  316,  362,  378.      (Sec  1896,  409.; 
Skcts.    21,   26.     Retmus    and    statoiricnts    regulated.     St.    1889,    328; 

1893,  131.      (See  1889,  241.) 

SiX'T.  34.  Tlie  comrniHHionors  must  certify  that  pu?>lic  convenience  and 
necessity  reqiiin^  the  coiiHtrnction,  before  organization  of  a  raih-oad  com- 
pany under  tlie  general  hiw.     St.  1882,  265  §  1. 

Skct.  38  et  aeq.  No  steam  railroad  may  be  located  within  three  miles 
of  the  State  House  except  on  certain  conditions.  St.  1882,  265  §  4.  (See 
1884,  279.) 

R.'iilrotid  corporations  may  change  their  locations  to  im{)rove  the  align- 
mcait  of  their  roads.      St.  1887,  4:50.      (See  1882,  149;    1884,  134.) 

Skct.  44.  Tlie  proceedings  are  void  tinh^ss  certificate  of  incorporation 
is  issued  within  one  year  from  the  time  when  th(!  route  is  fixed.  St.  1882, 
265  §  2. 

Sect.  54.  Clause  prohibiting  the  casting  of  more  than  fifty  votes  by  a 
proxy  or  attorney  is  repealed.     St.  1888,  188.      (See  1889,  222.) 

Sect.  56.     Delivery  of  written  transfer  sufficient.     St.  1884,  229. 

Sects.  58,  59,  60.     Incniase  of  caj)ital  stock  regulated.     St.  1893,  315; 

1894,  462,  472,  502.      (See  1894,  476.) 

Sect.  62.    The  bonds  may  run  fifty  years.     St.  1887,191.     (See  1883,  7.) 

Sects.  62-73.  A  ])ur(-h!iser  under  a  valid  foreclosure  and  his  grantees 
and  successors  have  the  same  pow(!rs  and  duties  as  tlie  original  corporation. 
St.   1886,  142. 

Sects.  63-70.  Street  railway  companies  may  issue  bonds,  and  these 
sections  shall  apply.     St.  1889,316;    1892,192. 

Sect.   81    et  se(/.      lieturns   and    statimients   reguiat(!d.     St.   1889,  328; 

1893,  131.      (See  1889,  24 f.) 

Sect.  82  is  ap|)lied  to  street  I'ailway  companies.     St.  1892,  254. 

Sect.  89,  '1\uh\  of  notice  to  and  filing  of  location  by  railroad  corpora- 
tions under  St.  1878,  135  §  1,  is  changed.     St.  1882,  149. 

Sect.  91  is  revised,  l^and  may  be  taken  outside  of  the  location  for  one 
or  more  tracks,  subject  in  some  cases  to  certain  conditions.  St.  1884, 134. 
(See  1882,  149;  1887,  430.)  Locations  of  lands  i)urchased  may  l)e  filed. 
St.  1895,  356  ;  1896,  78. 

Sect.  115.  The  powcir  to  exempt  from  tiie  <luty  to  fence  is  transferred 
to  the  railroad  commissioners.  Proceedings  to  revoke  exemptions  regu- 
lated.    St.  1882,  162. 

Sect.  117  et  se<i.  No  right  of  way  across  any  railroad  track  or  location 
in  use  for  railroad  i)ui'poses  shall  be  actpiii-ed  by  i)rescription.  St.  1892, 
275. 

Sects.  117-138.  Wood  which  ol)structs  view  at  crossings  may  be  cut. 
St.  1889,  371.     These  sections  are  not  affected  by  St.  1891,   170. 

Provision  is  made  for  the  abolition  of  grade  crossings.  St.  1885,  194; 
1887,295;    1890,428;    1891,33,123,   262;   1892,   312;   1893,  283,  424; 

1894,  216,  545;   1895,  103,  426;  1896,  439.     (See   1882,  135;    1891,   170 
§  5;    1892,  178,  228;   1895,  491.) 

Railroad  companies  nnist  maintain  crossings  to  give  access  to  lands  cut 
oil  by  their  road-beds.     St.  1892,  171. 


792  Changes  ix  the  [Chap.  112. 

Sects.  127,  169.  The  commissioners  may  forbid  or  regulate  the  occupa- 
tion of  street  crossings.     St.  1885,  110;    1890,  382;   1892,  228. 

Sects.  128,  148,  160.  Provision  is  made  for  examination  of  railroad 
bridges.     St.  1887,  334.     And  tracks,  equipments,  etc.     St.  1894,  505. 

Sects.  129-132  amended.     St.  1885,  194;  1887,  295.      (See  1882,  135.) 

Sects.  129-134:  P.  S.,  ch.  51,  applies  to  alterations  of  ways  at  railroad 
crossings.     St.  1884,  280.     (See  St.  1890,  428  §  12.) 

Sect.  131  amended.     St.  1885,  194  §  4;  1887,  295. 

Sect.  138.  Appeal  provided  from  decision  of  the  county  commissioners. 
St.  1882,  135.     (See  1885,  194  §  6  ;   1890,  428  §  12;   1892,  171.) 

Sect.  139.  Clause  forbidding  branches  within  eight  miles  of  the  State 
House  is  stricken  out.     St.  1884,  279.     (See  1882,  265  §  4.) 

Sect.  148.  Railroad  drawbridges  over  Charles  river  regulated.  St. 
1889,246;   1890,118.      (See  1887,  334.) 

Sects.  148-150.  P^xtended  to  drawbridge  over  Fort  Point  channel  in 
Boston.     St.  1893,  357. 

Sect.  159.  Frogs,  switches  and  guard  rails  must  be  blocked  to  the 
approval  of  the  railroad  commissioners.     St.  1886,  120;  1894,  41. 

Sect.  160.     See  St.  1887,  334. 

Sect.  161.  Provision  made  for  interlocking  or  automatic  signals  at 
railroad  crossings.     St.  1885,  85. 

Sect.  163  et  seg.  The  commissionei's  may  forbid  or  regulate  locomotive 
whistles  at  highway  crossings.  St.  1885,  334.  (See  1890,  173.)  And 
may  recommend  chansjes  in  making  up  freight  trains  and  sounding  whistles. 
St.  1891,  204.      (Seel891,  129.) 

At  least  three  separate  and  distinct  blasts  of  the  whistle  are  required  at 
crossings.     St.  1890,  173. 

Sects.  164-166.  The  railroad  commissioners  may  require  gates,  flags  or 
electric  signals  at  highway  crossings.  St.  1883,  117;  1888,  240.  And 
signals  at  crossings  above  grade.     St.  1891,  129.      (See  1892,  228.) 

Sect.  169  is  extended  to  receivers  and  assignees  of  railroad  corporations. 
St.  1895,  173. 

Sect.  170.     Locomotive  boilers  must  be  tested      St.  1882,  73. 

Certain  safety  appliances  are  required  on  freight  cars.  St.  1884,  222  ; 
1895,  362.      (See  1886,  242;   1894,  59.) 

Sect.  171.  Additional  tools  and  safeguards  against  fire  required.  St. 
1882,  54.      (See  1887,  362  ;   1891,  249.) 

Sect.  172.  The  heating  of  passenger  cars  is  regulated.  St.  1887,  362; 
1891,  249. 

Sect.  179.  The  requirement  of  an  examination  for  color  blindness 
every  two  years  is  repealed.     St.  1883,  125. 

Sect.  180.  Interchangeable  mileage  tickets  are  required.  St.  1892, 
389.     Extra  fare  paid  on  trains  regulated.     St.  1883,  32. 

Sects.  181-183.  Railroad  corporations  shall  not  require  women  or  chil- 
dren to  ride  in  smoking  cars.     St.  1888,  176. 

Sect.  188.  Extended  to  freight  charges.  St.  1882,  225.  (See  1882, 
94.)  And  to  express  business  on  railroad  and  steamboat  lines.  St.  1894, 
469. 

Sects.  192-194  are  revised.     St.  1893,  210. 


Chap.  113.]  PUBLIC   STATUTES.  79.^ 

Sect.  204.  The  maximum  penalty  for  placing  obstructions  on  railroad 
tracks  is  increased.     St.  1890,  332. 

Sect.  205.  The  unlawful  use,  removal  or  tampering  with  tlie  tools,  etc., 
required  to  be  carried  ou  passenger  trains  is  made  an  offence.  St.  1882, 
54  §  2. 

Sect.  206.     See  St.  1895,  318. 

Sect.  207.     AVord  "electric"  stricken  out.     St.  1884,  5. 

Sect.  212.  Employees  are  included  under  this  section.  St.  1883,  243. 
They  may  sue  for  damages.  St.  1887,  270  ;  1888,  155  ;  1892,  260  ;  1893, 
359;  1894,499.  (See  1888,  365 ;  1889,154;  1894,  469  §3;  1895,362 
§  7;   1896,  302.) 

An  action  of  tort  may  be  brought  against  street  railway  corporations  for 
loss  of  life.     St.  1886,  140. 

Sect.  214  is  amended.     St.  1895,  293. 

Sect.  216.     See  St.  1893,  142. 

Sects.  223,  224.  When  their  consent  is  required  the  commissioners  may 
regulate  tracks  at  crossings  by  a  railway  for  private  use.     St.  1890,  382. 

Chapter  113.  — Of  Street  Railway  Companies. 

Provision  for  extension  of  franchises  of  street  railway  companies.  St. 
1896,  501. 

Provision  for  rapid  transit  in  Boston  and  vicinity.  St.  1893,  481  ;  1894,, 
548;  1895,  440;  1896,  492.  (See  1890,  368;  1891,  365;  1892,  424; 
1896,  516.;   •    . 

This  chapter  applies  to  companies  using  the  cable  system.  St.  1886, 
337  §  4. 

Liability  for  injuries  regulated.  St.  1886,  140;  1887,  270;  1888,  155; 
1892,  260. 

Sti-eet  railway  companies  may  issue  mortgage  bonds  in  certain  cases  and 
Pub.  St.,  ch.  112  §§  63-70,  apply.     St.  1889,  316  ;  1892,  192. 

They  may  join  relief  societies  of  employees.  St.  1890,  181.  (See  1882, 
244;  1886,  125;  1887,  270  §  6.) 

May  hold  real  estate  for  pleasure  resorts  in  certain  places.  St.  1895, 
316. 

Conditional  sales  and  leases  of  rolling  stock  regulated.  St.  1894,  326. 
Leases  and  consolidations  must  be  approved  by  railroad  commissioners. 
St.  1894,  506. 

Sect.  12.  Clause  as  to  proxy,  etc.,  casting  more  than  fifty  votes  re- 
pealed.    St.  1889,  210.      (See  1888,  188  ;   1889,  222.) 

Sects.  13-18.  Further  provisions  made  as  to  increase  and  reduction  of 
capital  stock.  St.  1886,  337  §  3  ;  1887,  366  ;  1890,  326  ;  1894,  462,  472, 
476,  543;   1895,  316  §  3;   1896,  409.     (See  1893,  315.) 

Sect.  15  amended.     St.  1887,  366  ;   1896,  409. 

Sect.  16  repealed.     St.  1893,  315.     But  see  St.  1894,  472  §  3. 

Sect.  19  et  seq.     See  St.  1890,  368  ;   1894,  548,  550. 

Sect.  22  extended  to  Massachusetts  highway  commission.  St.  1896, 
541. 

Sect.  27  et  seq.  Children  under  ten  shall  not  be  permitted  to  enter  cars 
to  sell  newspapers,  etc.     St.  1889,  229. 


794  Changes  in  the  [Chaps.  lu,  115. 

Fenders  and  wheel  guards  provided  for.  St.  1895,  378.  (See  1890, 
364  ;  1891,  366.)     And  street  railway  police.     St.  1895,  318. 

Sect.  39.  Cable  system  may  be  used.  St.  1886,  337.  (See  1887,  413 
§  4;  1888,  278.)  Electric  system  authorized  in  Boston.  St.  1887,  413 
§  4 ;  1890,  454  §  12.  Meigs  system  may  be  used.  St.  1890,  368 ;  1894, 
548. 

Sects.  40,  41.  Street  railways  shall  not  cross  railroads  at  grade  unless 
by  consent  of  the  railroad  commissioners  or  special  commissioners.  St. 
1895,  426.      (See  1885,  110;    1890,  382;   1892,  228.) 

Sect.  43.  Railroad  commissioners  may  require  additional  accommoda- 
tions for  the  travelling  public.  St.  1891,  216.  Shall  require  cars  to  be 
heated  at  certain  times.     St.  1895,  136. 

Sect.  46  et  seq.  See  1887,  413  ;  1890,  454.  Free  transfer  checks  may 
not  be  discontinued  without  consent  of  railroad  commissioners.  St.  1894, 
383. 

Sect.  48  et  seq.  One  company  maj'^  not  use  tracks  of  another  company 
unless  authorized  by  the  railroad  commissioners.  St.  1888,  278.  (See 
1886,  337  §  2;   1887,  413;   1894,  506;  1896,  501.) 

Sect.  58.  Companies  are  required  to  contribute  to  expense  of  printing 
and  binding  their  annual  returns.     St.  1892,  254. 

Sect.  63.     Superior  court  given  concurrent  jurisdiction.     St.  1891,  293. 

Chapter  114.  —  Of  Agricultiiral  and  Horticultural  Societies. 

Corporations  organized  under  this  chapter  may  be  authorized  to  improve 
public  grounds.     St.  1885,  157. 

Provision  is  made  for  a  bountj'  for  sugar  from  beets  or  sorghum  cane. 
St.  1883,  189.  And  for  bounties  to  chartered  poultry  associations.  St. 
1895,  351. 

"Arbor  day"  established.     Res.  1886,  32. 

Sect.  1.     The  restriction  is  modified.     St.  1890,  297. 

An  agricultural  society  receiving  a  bounty  can  sell  or  mortgage  its  real 
estate  only  on  certain  conditions.     St.  1890,  274. 

Sect.  2.  Time  of  filing  certificate  changed.  The  board  may  require 
other  returns.     St.  1891,  124. 

Sect.  20  et  seq.  Entering  or  driving  a  horse  that  is  disguised  or  differ- 
ent from  the  one  purported  to  be  entered,  etc.,  to  compete  for  a  purse  or 
premium  is  punishable.     St.  1892,  167. 

Provision  made  for  assignment  of  police  officers  at  exhibitions.  St. 
1892,  180. 

Registration  of  pedigrees  of  horses  used  for  breeding;  purposes  provided 
for.     St.  1890,  334.      (See  1887,  143.) 

Chapter  115.  —  Of  Associations  for  Charitable,  Educational  and  Other 

Purposes. 

Provision  made  for  incorporation  of  labor  and  trade  orajanizations.  St. 
1888,  134.      (See  1892,  330.)     And  textile  schools.     St.  1895,  475. 

And  for  formation  of  relief  societies  of  railroad,  steamboat  and  street 
railway  employees,  in  which  the  companies  may  join.  Their  funds  are  not 
attachable.     St.  1882,  244;    1886,  125;    1890,  181.     (See  1887,  270  §  6.) 


Chaps.  116,  117.]  PuBLIO   STATUTES.  795 

The  consolidation  of  masonic  mutual  relief  associations  is  authorized. 
St.  1887,  1-40. 

The  incorporation  of  clubs  is  regulated.  St.  1890,  439 ;  1893,  226  ; 
1894,  542.     (See  1887,  206.) 

No  corporation  organized  for  medical  purposes  under  this  chapter  shall 
confer  degrees.     St.  1883,  268.     (See  1893,  355.) 

The  provisions  of  this  chapter  apply  to  churches  incorporated  under  St. 
1887,  404. 

Sects.  2,  7.     See  St.  1896,  96. 

Sect.  3.  Increase  of  stock  and  par  value  of  shares  regulated.  St.  1888, 
177;  1890,  191.     (See  1888,  429.) 

Sects.  3-5.  Corporations  maybe  formed  for  life  and  casualty  insurance 
on  the  assessment  plan.  St.  1890,  421  ;  1892,  435  ;  1894.  367  ;  1895,  104, 
281,  340.     (See  1885,  183  ;   1887,  214  §§  2,  3  ;   1888,  429.) 

Sects.  8-12  repealed,  and  law  as  to  fraternal  beneficiary  oi'ganizations 
revised.  St.  1894,  367  ;  1895,  104,  281,  340  ;  1896,  102,  136.  (See  1882, 
195;  1885,183;  1887,140,214;  1888,429;  1890,341,400,421;  1891, 
163;   1892,  40,  435;   1893,  47,  321,  418;   1894,  60,  328,  522  §  3.) 

Chapter  116.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

This  chapter  is  repealed  and  the  laws  relating  to  institutions  for  savings 
are  revised  and  consolidated.  St.  1894,  317;  1895,  164;  1896,  178,  193, 
231,  327,  361.  (See  1882,  50,  77,  148,  200;  1883,  52,  127,  134,  248, 
258;  1884,  72,  150,  168,  253;  1885,  92,  111,  124,  210,  348;  1886,  69,  77, 
93,  176,  252,  300;  1887,  113,  196,  319;  1888,  40,  51,  53,  90,  96,  120, 
127,  170,  213,  250  §  2,  301  §  6,  355  ;  1889,  77,  86,  88,  91,  161,  180,  305. 
321,  449,  452;  1890,  44,  168,  222,  298,330,  369,  394,  406;  1891,  171, 
403;  1892,  248;  1893,  174,  230,  254;  1896,  171.) 

Provisions  as  to  bonds  of  officers  and  employees.     St.  1896,  361. 

Additional  expert  and  clerical  assistance  provided  for.     St.  1885,  66. 

Chapter  117.  —Of  Co-operative  Savings  Fund,  and  Loan  Associations. 

The  title  of  this  chapter  and  name  of  associations  changed  to  "  Co-oper- 
ative Banks."     St.  1883,  98. 

The  business  of  co-operative  banking  is  regulated.  St.  1882,  251  ;  1883, 
98;  1885,  121;  1887,216;  1889,  159,  452;  1890,  63,243,310;  1891, 
403;   1894,  342;  1895,  171,  172;   1896,  277,  285,  286,  327,  361. 

The  business  may  not  be  carried  on  here  in  name  of  a  co-operative  bank 
unless  incorporated  here.  St.  1889,  452;  1896,286.  (See  1890,310; 
1891,  403.) 

Provisions  as  to  bonds  of  ofticers  and  employees.     St.  1896,  361. 

The  capital  stock,  corporate  franchise  and  personal  estate  of  co-operative 
banks  are  exempted  from  taxation.     St.  1890,  63. 

Sect.  1.  The  consent  of  the  savings  bank  commissioners  is  required  for 
the  formation  of  co-operative  banks.     St.  1890,  243. 

Sect.  5.  Co-operative  banks  must  provide  a  guaranty  fund.  St.  1885, 
121  §  2. 

The  limit  of  capital  refers  to  the  capital  paid  in  on  shares.  St.  1887, 
216  §  1. 


796  ChAN-GES   in   the  [Chaps.  118,  119. 

Sect.  6.     One  person  may  be  secretary  and  treasurer.     St.  1885,  121  §  1. 

Sect.  8.  The  mode  of  retiring  shares  is  determined  and  their  value. 
St.  1887,  216  §  2.     (See  1882,  251.) 

Sect.  9.  Before  payment  of  matured  shares,  arrears  and  fines  are  to  be 
deducted.  St.  1882,  251  §  1.  Interest  is  allowed  for  all  full  mouths  from 
last  adjustment.     St.  1887,  216  §  5. 

Sect.  10  is  revised.  St.  1896,  277.  Interest  may  be  bid  instead  of  a 
premium.     St.  1882,  251  §  2. 

Directoi's  may  loan  money  on  shares  of  the  corporation.     St.  1890,  78. 

Sect.  13  is  amended  and  new  provisions  made  as  to  the  seeuritv.  St. 
1889,  159  §  1  ;  1894,  342.      (See  1896,  277.) 

Sect.  14.     Provision  for  partial  payments.     St.  1887,  216  §  4. 

Sect.  15.  Fines  limited.  St.  1895,  172.  Withdrawal  value  to  be 
ascertained  at  time  of  forfeiture,  instead  of  time  of  default.     St.  1896,  285. 

Sect.  16  is  revised.     St.  1882,  251  §  1  ;  1885,  121  §  4. 

Sect.  17.     As  to  officers'  bonds,  see  St.  1896,  361. 

Sect.  18.     See  1885,  121  §  2. 

Sect.  20.     See  1891,  403;  1896,  286. 

Chapter  118.  —  Of  Banks  and  Banking. 

Foreign  banking  corporations  doing  business  here  shall  indicate  on  their 
signs,  letter  heads,  etc.,  the  name  of  the  State  or  country  iu  which  they  are 
chartered.     St.  1890,  329. 

The  incorporation  and  conduct  of  safe  deposit,  loan  and  trust  companies 
are  regulated.  St.  1887,  89  ;  1888,  413  ;  1889,  442,  452  ;  1890,  315,  329  ; 
1892,  327  ;  1893,  114  ;  1896,  423.      (See  1896,  361.) 

And  of  mortgage  loan  and  investment  companies.  St.  1884,  330,  1888, 
387;  1889,427,452;  1890,329;  1891,233,275,341  ;  1893,303;  1895,311. 

A  commissioner  of  foreign  mortgage  corporations  is  established.  St. 
1889,  427  ;  1891,  275  ;  1893,  303. 

Time  of  presentment  of  bills  and  notes  resjulated.  St.  1894,  333  ;  1896, 
496. 

Sect.  30  et  seq.     Banking  hours  on  Saturdays  regulated.     St.  1895,  201. 

Chapter  119.  — Of  Insurance  Companies  and  Insurance. 

This  chapter  is  repealed  and  the  insurance  laws  revised  and  codified.  St. 
1894,  522  ;  1895,  46,  59,  81,  104,  159,  190,  263,  271,  366,  474  ;  1896,  124, 
126,  137,  140,  171,  253,  290,  335,  402,  447,  448,  470,  515.  (See  1882, 
195;  1883,  33,  107,  126,  235,  258;  1884,  55,  58,  119,  120,  177,  178,  180, 
217,  235,  296;  1885,183,  241,  300,  308,  354;  1886,  187,  222;  1887,  214, 
283;  1888,  84,  141,  151,  154,  165;  1889,  356,  378;  1890,  26,  304;  1891, 
195,  233,  289,  291,  368, 382  ;  1892,  47,  372  ;  1893,  54,  117,  224, 434  ;  1894, 
19,  103,  120,  133,  137,  147,  225,  300,  381,  442  ;  1896,  178.) 

Standard  form  of  fire  policy.  St.  1894,  522  §  60;  1895,  59  §§  3,  4. 
(See  1896,  140.) 

Employment  of  an  actuary  authorized.  St.  1895,  81.  And  an  examiner. 
St.  1896,  335. 

Certain  veterans  exempted  from  payment  of  fees  for  certificate  to  act  as 
insurance  broker.     St.  1895,  159. 


Chaps.  120-124.]  PuBLIC    STATUTES.  797 

No  life  policy  shall  be  issued  without  previous  examination  by  a  regis- 
tered physician.     St.  1895,  366.      (See  1894,  522  §§  68-73.) 

Disposal  of  certain  unclaimed  funds  of  insolvent  companies  regulated. 
St.  1890,  330.     (See  1883,  258  ;  1886,  300.) 

Agents  of  domestic  companies  must  be  registered.     St.  1895,  46. 

Sect.  2.     Salary  of  insurance  commissioner  established.      St.  1890,  247. 

Sects.  21,  38,  167.  Moneys  to  be  paid  by  life  or  casualty  insurance 
companies  doing  business  on  the  assessment  plan  are  made  not  attachable. 
St.  1890,  421  §  23.      (See  1885,  183  §  11 ;  1887,  214  §  73  ;  1892,  372.) 

Sects.  117  to  130  apply  to  existing  mutual  marine  and  fire  and  marine 
companies.     St.  1894,  522  §  53. 

Sect.  145.  Life  and  casualty  insurance  on  the  assessment  plan  is  regu- 
lated.    St.  1890,  421  ;  1892,  435  ;  1896,  515.      (See  1885,  183.) 

The  organization  and  business  of  fraternal  beueficary  associations  are 
regulated.  St.  1894,  367;  1895,  104,  281,  340;  1896,  102,  136.  (See 
1882,  195  ;  1885,  183  ;  1887,  140,  214 ;  1888,  429  ;  1890,  341,  400,  421  §  1  ; 
1891,  163,233,  360  ;  1892,  40,201,435;  1893,47,  321,418;  1894,60,328, 
522  §  3.) 

Chapter  120. —  Of  the  Alienation  of  Real  Estate, 

Sect.  1  et  seq.  The  recording  of  an  instrument  affecting  title  is  made 
conclusive  evidence  of  delivery.     St.  1892,  256. 

Form  of  execution  and  acknowledgment  of  deeds,  etc.,  established. 
St.  1894,  253  ;  1895,  460. 

A  conveyance  otherwise  valid  shall  be  effectual  notwithstanding  disseizin 
or  adverse  possession.     St.  1891,  354. 

Sect.  4.  Office  copies  of  records  may  be  recorded  in  another  county  or 
district  where  part  of  the  land  lies.     St.  1889,  448. 

A  mortgage  is  declared  invalid  against  an  assignee  in  insolvency  in  cer- 
tain cases.     St.  1888,  393. 

Sect.  6.  Authority  of  magistrates  out  of  the  State  must  be  properly 
certified  to.     St.  1894,  253  §  3. 

Sect.  15.  Provision  for  construction  of  words  impoi'ting  a  want  or  fail- 
ure of  issue.     St.  1888,  273. 

Sect.  19  et  seq.  Sale  of  estate  subject  to  vested  remainder  may  be 
authorized.     St.  1895,  183. 

Additional  provisions  for  appointment  of  guardians  ad  litem  or  next 
friends  of  persons  under  disability,  or  not  ascertained.     St.  1896,  456. 

Chapter  122.  — Of  Easements. 

No  right  of  way  across  a  railroad  location  iu  use  for  railroad  purposes 
shall  be  acquired  by  prescription.     St.  1892,  275. 

Chapter  124.  —  Of  the  Rights  of  a  Husband  in  the  Real  Estate  of  his 
Deceased  Wife, '  and  the  Rights  of  a  Wife  in  that  of  her  Deceased 
Husband. 

Sect.  1.  Words  "  If  his  wife  does  not  otherwise  provide  by  will,"  in 
sixth  and  seventh  lines,  and  word  "  intestate,"  in  eighth  line,  stricken  out. 
St.  1885,  255  ;  1887,  290. 

Sect.  17  is  amended.     St.  1889,  234;  1894,  170. 


798  Changes  in  the  [Chaps,  125-130. 


Chapter  125.  —  Of  the  Descent  of  Real  Estate. 

Sects.  3-5.     See  St.  1895,  427. 

Sect.  4.  If  the  mother  also  is  dead,  the  estate  deseeuds  to  the  persons 
entitled  by  inheritance  through  her.     St.  1882,  132. 

Chapter  126.  — General  Provisions  concerning  Real  Estate. 

Conditions  or  restrictions  affecting  title  or  use  of  real  estate,  unlimited 
as  to  time,  shall  be  cousti'ued  as  limited  to  thirty  years,  except  in  certain 
cases.     St.  1887,  418. 

Provision  made  for  proceedings  to  determine  validity,  nature  and  extent 
of  certain   conditions,  restrictions,   etc.,  on  real  estate.     St.   1889,  442; 

1890,  427.     (See  1882,  237;  1885,  283.) 

Construction  placed  on  words  importing  want  or  failure  of  issue.  St. 
1888,  273. 

Sects.  5,  6.  A  conveyance  or  devise  to  a  husband  and  wife  creates  a 
tenancy  in  common  unless  otherwise  expressed.     St.  1885,  237. 

Sect.  13  extended  to  judgments  and  decrees.     St.  1892,  289. 

Chapter  127.  — Of  Wills. 

Sect.  7.     See  St.  1889,  435. 

Sect.  8.  Marriage  shall  act  as  a  revocation,  except  in  certain  cases. 
St.  1892,  118. 

Sect.  26.  See  St.  1891,  354. 
Sect.  33.  See  St.  1883,  223. 
Sect.  34  repealed  so  far  as  it  applies  to  probate  courts.     St.  1891,  415. 

Chapter   129.  —  Of  the   Probate    of  "Wills    and  the   Appointment  of 

Executors. 

The  probate  of  a  will  is  made  conclusive  in  certain  cases  after  two  vears. 
St.  1889,  435. 

Sects.  1,  2.     Petitions  for  probate  must  be  sworn  to  by  petitioner.     St. 

1891,  414. 

Sect.  5.     See  St.  1893,  379,  as  to  Suffolk  county. 

Chapter  130.  —  Of  the  Appointment  of  Administrators. 

Sects.  1,  2.  Petitions  for  letters  testamentary  must  be  sworn  to  by 
petitioner.     St.  1891,  414. 

Provisions  made  for  granting  administration  without  notice  in  certain 
eases.      St.  1885,  260.     And  to  any  suitable  person.     St.  1890,  265. 

A  decree  of  intestacy  is  made  conclusive  in  certain  cases  after  two  years. 
St.  1889,  435. 

Sects.  2,  8.  Administrators  may  be  allowed  to  give  bond  without  sure- 
ties in  certain  cases.  Failure  to  give  a  new  bond  when  required  shall  be 
considered  a  resignation.     St.  1885,  274.      (See  1893,  379.) 

Sect.  4.  Administration  may  be  granted  for  cause  upon  particular 
property  more  than  twenty  years  after  the  person's  death.  St.  1889,  192. 
(See  1885,  242.) 


Chaps.  131-136.]  PuBLIC    STATUTES.  799 

Sect.  9.  Admiuisti-ator  de  bonis  may  be  appointed  to  distribute  un- 
claimed funds.     St.  1890,  408  §  2. 

Sects.  10-17.  Special  administrator  may  be  allowed  to  pay  expenses 
of  executor  in  proving  the  will.     St.  1884,  291.      (See  1884,  131.) 

Chapter  131.  —  Of  Public  Administrators. 

Sect.  18.  Time  for  presenting  claims  under  this  section  limited.  St. 
1883,  264. 

Chapter  132.  — General  Provisions  relative  to  Executors  and 
Administrators. 

Probate  courts  given  jurisdiction  in  equity  in  administration  of  estates 
of  deceased  persons.     Proceedings  regulated,     St.  1891,  415. 

Sects.  1-4.  Provisions  as  to  the  proof  of  notice  are  revised.  St.  1888, 
148,  380 ;  1889,  315.     (See  1888,  420.) 

Sect,  6.  One  appraiser  may  be  appointed  when  property  is  of  small 
value.     St.  1896,  210. 

Sects.  8,  13.  No  foreign  executor  or  administrator  shall  receive  his 
letter  until  the  appointment  of  resident  agent  is  properly  made.  St.  1893, 
118.     (See  1890,  420.) 

Chapter  134.  —  Of  Sales  and  Mortgages  of  Real  Estate  by  Executors 

and  Administrators. 

Executors  and  administrators  may  be  licensed  to  sell  at  private  sale.  St. 
1886,  137. 

Real  estate  appraised  at  $1,500  or  less  may  be  sold  for  purposes  of  dis- 
tribution.    St.  1890,  266. 

Sect.  13.  Change  in  method  of  proof  of  notice.  St.  1888,  148,  380  ; 
1889,  315.     (See  1888,  420.) 

Sect.  19  extended  to  intestate  estates.     St.  1895,  140. 

Chapter  135.  —  Of  Allowances  to  Widows  and  Children  and  of  the 
Distribution  of  the  Estates  of  Intestates. 

Sect.  3,  cl.  3.  When  a  married  woman  dies  leaving  issue,  the  husband 
is  entitled  to  one-half  of  the  personal  estate.     St.  1882,  141. 

Cl.  5.  If  intestate  leaves  a  widow  and  no  kindred,  the  widow  is  entitled 
to  the  whole  of  the  residue.     St.  1885,  276. 

Chapter  136.  — Of  the  Payment  of  Debts,  Legacies   and  Distributive 

Shares. 

Certain  payments  made  without  order  of  court  may  be  afterwards  ap- 
proved.    St.  1894,  303. 

Provision  made  for  a  State  tax  ef  five  per  cent,  on  collateral  legacies  and 
successions,  and  on  grants  to  take  effect  after  death  of  grantor  in  estates 
exceeding  S10,000.     St.  1891,  425  ;  1892,  379  ;  1893,  432  ;  1895,  307,  430. 

Sect.  19  et  seg.  "Where  a  legatee  is  a  minor  without  a  guardian,  court 
may  order  the  legacv  to  be  deposited  in  a  savings  bank  under  P.  S.,  ch. 
144  §  16.     St.  1889,^185. 


800  Changes  in  the  [Chaps.  139-142. 

Real  estate  appraised  at  $1,500  or  less  may  be  sold  for  distribution.  St. 
1890,  266. 

Distribution  of  unclaimed  funds  may  be  ordered  by  the  court  in  certain 
cases.     St.  1890,  408.     And  of  legacies.     St.  1895,  134. 

Chapter  139.  — Of  Guardianships. 

Additional  provisions  for  appointment  of  guardians  or  next  friends.  St. 
1896,  456. 

Sects.  1-3.  Certain  corporations  are  authorized  to  be  guardians  of 
minors.     St.  1885,  362;  1890,  117. 

Sects.  2-4.  The  probate  court  may  require  parents  to  contribute  to 
support  of  their  minor  children  under  guardianship.     St.  1891,  358. 

Sect.  16  is  extended  to  married  women  who  are  minors.     St.  1890,  259. 

Sect.  29  et  seq.  Guardians  residing  out  of  tiie  State  must  appoint  an 
agent  here.  P.  S.,  132  §§  11-13,  apply  to  them.  St.  1889,  462;  1893, 
118.     (See  1890,  420;  1894,  128.) 

Chapter  140.  —Of  Sales  and  Mortgages  of  Keal  Estate  by  Guardians. 

Sect.  3.  Guardian  maybe  licensed  to  lease  the  ward's  real  estate.  St. 
1894,  128. 

Sect.  18  is  extended  to  any  interest  in  real  estate.     St.  1885,  258. 

Chapter  141.  —  Of  Trusts. 

Probate  courts  have  jurisdiction  in  equity  over  trusts  created  by  will. 
St.  1891,  415. 

Sects.  4-11.  Foreign  trustees  must  have  an  agent  here.  The  provi- 
sions of  P.  S.,  ch.  132  §§  11-13,  apply.  St.  1889,^462;  1893,  118.  (See 
1890,  420.) 

Sect.  16  is  revised.  Trustee  may  be  exempted  from  furnishing  surety 
on  request  of  parties  interested.     St.  1891,  339. 

Sect.  21.     See  St.  1896,  456. 

Sect.  23  is  extended  to  other  improvements.     St.  1889,  66. 

Sect.  27  is  extended  to  trusts  created  under  any  written  instrument.  St. 
1892,  116. 

Chapter  142.  —  General  Provisions  relative  to  Sales,  Mortgages,  Re- 
leases, Compromises,  etc.,  by  Executors,  Administrators,  Guar- 
dians and  Trustees. 

A  foreign  guardian  or  trustee  must  have  an  agent  here.  P.  S.,  ch.  132 
§§  11-13,  apply.     St.  1889,  462  ;  1893, 118.     (See  1890,  420  ;  1894,  128.) 

Sect.  12.      See  St.  1893,  379. 

Sect.  14  is  extended  to  administrators  with  the  will  annexed.  Those 
claiming  as  legatees  or  devisees  whose  interests  are  affected  are  to  be  made 
parties.      St.  1889,  266. 

Sect.  23  is  extended.  Defective  acts  or  proceedings  may  be  ratified  or 
confirmed.      St.  1888,  420. 

Provision  in  case  of  failure  to  prove  notice  of  sale.  St.  1889,  315.  (See 
1888,  148.) 


Chaps.  143-145  ]  PuBLIC    STATUTES.  801 


Chapter  143.  — General  Provisions  relative  to  Bonds  of  Executors, 
Administrators,  Guardians  and  Trustees. 

Fidelity  insurance  companies  may  act  as  sureties.  St.  1894,  522  §§  29,  61. 
(See  1884,  296;   1885,  241  ;   1886,  233;  1887,  214  §§  29,  61  ;  1893,  117.) 

Sect.  10  et  seq.  Wife  of  a  judge  of  probate  may  be  defendant  in  a  suit 
on  a  bond  given  to  him  or  his  predecessor  as  such  judge.     St.  1896,  208. 

Sect.  23.     See  St.  1893,  396  §  14. 

Chapter  144.  —  Of  the  Accounts  and  Settlements  of  Executors,  Admin- 
istrators, Guardians  and  Trustees. 

Certain  payments  made  without  order  of  the  court  may  be  approved. 
St.  1894,  303. 

Form  of  accounts  regulated.     St.  1895,  210. 

Sect.  8.  Money  paid  with  the  approval  of  the  judge  for  procuring  surety 
on  the  bond  may  be  allowed.     St.  1886,  233.      (See  1887,  214  §§  29,  61.) 

Bequests  to  executors  in  excess  of  a  reasonable  compensation  are  liable 
to  the  State  legacy  tax.     St.  1891,  425  §  3. 

Sects.  13,  14  are  revised.     St.  1895,  288.     (See  1889,  466.) 

Sect.  16.  Legacies  to  persons  whose  residence  is  unknown,  and  to 
minors  without  guardians,  may  be  deposited.  St.  1885,  376  ;  1889,  185. 
(See  1893,  379.)  Also  property  of  an  absent  person  whose  residence  is 
unknown  in  certain  cases.     St.  1894,  203. 

The  amount  which  may  be  deposited  and  draw  interest  is  not  limited. 
St.  1889,  86,  449. 

Provision  is  made  for  final  distribution  of  deposits  by  the  probate  court 
in  certain  cases.     St.  1889,  449  §  2  ;  1890,  408. 

Sects.  17,  18.  Provision  for  guardians  ad  litem  or  next  friends  in  cer- 
tain cases.     St.  1896,  456. 

Chapter  145.  — Of  Marriage. 

Sects.  4,  14.  Marriages  made  in  good  faith,  one  of  the  parties  believing 
that  a  former  husband  or  wife  is  dead  or  divorced,  are  made  valid  when  the 
impediment  is  removed  and  the  children  are  legitimate.  St.  1895,  427  ; 
1896,  499. 

Sect.  11  is  extended  to  residence  here  for  five  years  unless  libellaut 
removed  here  for  the  purpose.     St.  1886,  36. 

Sects.  11,  15.  The  superior  court  has  exclusive  original  jurisdiction 
under  these  sections.     St.  1887,  332. 

Sect.  16.  The  marriage  of  minors  is  regulated.  St.  1894,  401,  409  §  4. 
Additional  provisions  relative  to  notices  and  certificates.     St.  1894,  409. 

Sects.  22,  27.  Duly  authorized  clergymen  and  licensed  and  certified 
Israelitish  rabbis  may  solemnize  marriages  anywhere  in  the  State.  St. 
1894,  409  §  5  ;  1896,  306  §  4.      (See  1893,  461.) 

Sect.  24  The  returns  shall  be  preserved  and  arranged  for  reference. 
St.  1887,  202  §  3. 

Change  made  in  form  of  record  and  returns.     St.  1892,  300. 

Sects.  25,  26  are  revised.     St.  1896,  306. 

Sect.  31.     See  St.  1896,  445. 


802  Changes  in  the  [Chaps.  146-U8. 


Chapter  146. —Of  Divorce. 

Provision  is  made  for  returns  of  statistics  of  divorce.     St.  1882,  194. 

Tlie  superior  court  has  exclusive  original  jurisdiction  of  all  cases  of 
divorce  and  nullity  and  validity  of  marriages.     St.  1887,  332. 

Sect.  1.  Divorce  may  be  decreed  for  gi-oss  and  confirmed  drunkenness 
caused  by  the  use  of  opium  or  other  drugs.  St.  1889,  447.  And  for  any 
legal  cause,  notwithstanding  an  absence  which  would  raise  a  presumption 
of  death.     St.  1884,  219. 

Sect.  10.  When  adultery  is  charged  the  alleged  particeps  criminis  may 
contest.     St.  1890,  370. 

Sect.  19.  All  decrees  shall  become  absolute  after  six  months  unless 
court  has  otherwise  ordered.     St.  1893,  280.      (See  1882,  223  ;  1893,  194.) 

Sects.  42-44.  Procuring  a  fraudulent  divorce  ;  advertising,  by  one  not 
a  member  of  the  bar,  the  business  of  procuring  divorces ;  and  unlawfully 
issuing  certificates  of  divorce,  are  made  offences.  St.  1886,  342  ;  1887, 
320;  1891,59. 

Chapter  147.  —  Of  Certain  Rights  and  Liabilities  of  Husband  and  Wife. 

A  wife  has  right  of  interment  in  any  tomb  or  lot  which  her  husband 
owned  during  coverture.     St.  1883,  262.     (See  1885,  302  ;  1892,  165.) 

Sect.  1.  A  wife  cannot,  without  his  written  consent,  destroy  or  impair 
her  husband's  life  estate  in  one-half  her  lands  where  there  is  no  issue.  St. 
1889,  204.      (See  1884,  301  ;  1885,  255  ;    1887,  290.) 

Sect.  3  is  revised.  Nothing  contained  in  the  preceding  section  shall 
authorize  such  transfer.     St.  1884,  132. 

Sect.  6  extended  to  the  case  where  there  is  no  issue,  and  exception  is 
made  if  the  wife  is  living  apart  for  cause  approved  by  the  court.  St.  1885, 
255;  1887,  290.      (See  1884,  301.) 

Sect.  16  et  seq.  Provision  is  made  for  a  release  of  the  curtesy  by  the 
guardian  of  an  insane  husband.     St.  1886,  245. 

Sect.  20.    The  notice  shall  be  such  as  the  court  may  order.     St.  1890,  105. 

Sects.  31-33,  36.  The  probate  court  has  exclusive  original  jurisdiction 
under  these  sections  and  the  appeal  is  to  the  superior  court.  St.  1887,  332 
§§  2,  3.  (See  1882,  270;  1884,  210;  1885,  176;  1888,  290;  1893,  262; 
1895,  116.) 

Provision  for  receivers  of  estates  of  absent  persons  whose  address  is 
unknown,  having  a  wife  or  child  dependent  on  them  for  support.  St. 
1894,  203. 

Sect.  36.  Probate  courts  may  require  parents  to  contribute  to  support 
of  children  under  guardianship.     St.  1891,  358. 

Chapter  148.  — Of   the    Adoption    of    Children    and    the    Change   of 

Names. 

Adoption  of  pauper  and  illegitimate  children  regulated.  St.  1891,  194  ; 
1892,  318.      (See  1882,  270  ;  1889,  309,  416.) 

Sect.  3  is  amended.     St.  1886,  101  §  4. 

Sects.  12-14,  A  list  of  names  changed,  ordered  published.  St.  1884, 
249;  1893,  191. 


Chaps.  150-152.]  PuBLIC   STATUTES.  803 


Chapter  150. —  Of  the  Supreme  Judicial  Court. 

The  care  and  custody  of  the  Suffolk  county  court  house  is  given  to  the 
justices  of  the  supreme  judicial  court.     St.  1894,  453. 

Sect.  5.     See  St.  1892,  435. 

Exclusive  original  jurisdiction  is  given  to  the  superior  court  in  cases  of 
divorce  and  nullity  of  marriages.     St.  1887,  332  §  1.     Of  capital  crimes 
St.  1891,  379.     And  of  petitions   for  partition  and  writs  of  entry.     St. 
1892,  169. 

Appeals  on  petitions  under  sections  31-33  and  36  of  chapter  147  are  to 
superior  court.     St.  1887,  334  §  3.     (See  1888,  290.) 

Sect.  7.  Questions  for  the  full  court  may  be  heard  in  any  county.  St. 
1892,  127. 

Sect.  14.  Further  provisions  in  cases  of  frivolous  appeals  and  excep- 
tions.    St.  1883,  223  §  15. 

Sect.  16.  When  appeal  or  exceptions  are  not  entered,  the  court  below 
may  affirm  the  judgment.  St.  1888,  94.  (See  1882,  239;  1895,  153; 
1896,  451.) 

Sects.  18-20,  24,  26-29  repealed.     St.  1891,379.     (See  St.  1893,  394.) 

Sects.  21,  22,  23  and  25  are  repealed.     St.  1886,  339.     (See  1891,  379.) 

Sect.  30  et  seg.  Terms  are  abolished,  return  days  changed  and  practice 
further  regulated.  St.  1885,  384  ;  1886,  223  ;  1887,  383  ;  1890,  374,  420 
§2;   1892,127,169;   1893,61.      (See  1883,  223  ;    1884,316.) 

The  law  term  for  Worcester  is  changed.  St.  1885,  48.  And  for  Bristol, 
Dukes  and  Nantucket.     St.  1891,  287. 

Sect.  39.  Salaries  fixed  and  allowance  made  for  travelling  expenses. 
St.  1892,  104.     (See  1888,  274  §  1  ;   1892,  59  ;    1893,  327.) 

Pensions  are  provided  for.  St.  1885,  162.  And  clerical  assistance. 
St.  1891,  89.     (See  1893,  327.) 

Chapter  151. —  Of  the  Supreme  Judicial  Court  Equity  Jurisdiction. 

The  equity  jurisdiction  is  extended.  St.  1884,  285  ;  1887,  380 ;  1891, 
383 ;    1892,  435. 

Sect.   2,  cl.  11.     See  St.  1884,  285;  1887,  214  §  73. 

Sects.  5-7.  Practice  regulated  and  forms  established.  St.  1883,  223  ; 
1884,  316  ;  1885,  384  ;  1887,  383  ;  1893,  61.  (See  1892,  289,  440  ;  1896, 
426.) 

Sect.  23.     See  St.  1885,  384  §  3 ;   1886,  223;  1892,  127;   1896,  413. 

Sect.  27  amended.     St.  'l895,  116.     (See  St.  1883,  223  §  16.) 

Chapter  152.  — Of  the  Superior  Court. 

Sect.  1.  The  number  of  justices  is  increased.  St.  1896,  526.  (See 
1886,  31;   1888,  58;    1892,  271.) 

Sect.  2.  Provision  for  sessions  by  two  or  more  justices  in  capital  cases. 
St.  1894,  204.  (See  1891,  379.)  And  without  a  jury  in  certain  actions 
at  law.     St.   1891,  227. 

Sects.  3-6.  Jurisdiction  is  given  in  equity  and  practice  regulated.  St. 
1883,   223  ;   1884,  304,  316  ;   1885,  384  ;   1887,  332,  380,  383  ;   1890,  154, 


80J:  Changes  in  the  [Chap.  153. 

374;  1891,227,362,383;  1892,435,440;  1893,61;  1895,  116.  (See 
1882,  239  ;    1887,  246  ;    1890, 398  ;    1896,  413,  426.) 

Separate  equity  docket  required  in  Middlesex  and  Suffolk.  St.  1892, 
440. 

Exclusive  orio-inal  jurisdiction  given  in  causes  of  divorce  and  nullity  of 
marriage.  St.  f887,  332  §  1.  (See  1894,  409  §  7  ;  1895,  116.)  And  of 
capital  crimes.  St.  1891,  379  ;  1894,  204.  (See  St.  1893,  324,  365,  394.) 
And  of  petitions  for  partition  and  writs  of  entry.      St.  1892,  169. 

Jurisdiction  is   given  of  certain  appeals  from  the  probate  courts.     St. 

1887,  332  §  3.  (See  1888,  290;  1895,  116.  )  And  of  claims  against  the 
Commonwealth.     St.  1887,  246. 

Sects.  7,  8.  The  right  to  remove  actions  and  petitions  for  partition 
under  these  sections  is  taken  away.  St.  1892,  169.  (See  1885,  384 
§14.) 

Sect.  11  repealed.     St.  1892,  105. 

Sect.   17.     Changes  in  sessions:    Barnstable;    St.  1891,  175.     Bristol; 

1888,  314;  1891,  287  §  2.  Dukes  ;  1889,  308.  Essex  ;  1896,  412.  (See 
1885,  191;  1889,  461;  1895,  256.)  Franklin;  1889,  327.  Hampden; 
1885,  27.  Middlesex;  1892,  391.  Norfolk;  1889,  287.  Worcester; 
1894,  118,  169. 

Provision  for  speedy  trials  in  Suffolk  in  certain  cases.  St.  1894,  283, 
547. 

Sect.  18.  Changes  in  adjourned  sessions:  Essex;  St.  1889,  461. 
Plymouth;    1885,  134. 

Terms  are  abolished  and  return  days  changed.     St.  1885,  384. 

Petitions  for  damages  for  land  taken  by  any  town  in  Nantucket  or  Dukes 
may  be  brought  in  Bristol.     St.  1887,  50.      (See  1885,  384  §  1.) 

Sect.  24  is  repealed.     St.  1887,  183. 

Sect.  28.     Provision  made  for  pensions.     St.  1887,  420. 

Salaries  are  fixed  and  allowance  made  for  travelling  expenses.  St.  1892, 
328.     (See  1882,  205;  1888,  274;  1892,  59.) 

Chapter  153.  — Of  Matters   Common  to  the  Supreme  Judicial  Court 
and  the  Superior  Court. 

Justice  may  order  clerk  to  issue  processes  in  cases  pending  in  another 
county.      1886,  223.      (See  1896,  413.) 

Sect.  3.     See  St.  1886,  224. 

Sect.  4.  The  superior  court  may  regulate  publication  and  distribution 
of  trial  lists.      St.  1896,  401.     (See  1889,  459  ;  1896,  413.) 

Provision  made  for  agreements  to  postpone,  etc.,  cases  on  the  trial  lists. 
St    1884,  304;   1890,  154.      (See  1889,  459;   1890,  420,  451.) 

Sects.  6-8.     See  St.  1891,  227. 

Sect.  8.  Time  for  filing  exceptions  extended.  Presiding  justice  may 
require  a  transcript  of  the  evidence  and  instructions  to  the  jury.  St.  1895, 
153;   1896.451.     (See  1888,  94.) 

Sects.  10,  13.  Provisions  for  proving  exceptions  when  the  disability 
or  death  of  the  justice  prevents  his  signing  them.  St.  1894,  412.  (See 
1882    239  ^ 

Sect.  12  repealed.     St.  1895,  469  §  4.     (vSee  1891,  362.) 


Chap.  154.]  PuBLIC    STATUTES.  805 

Sect.  15.  Clerks  shall  furnish  to  the  attorney-general  printed  copies  of 
exceptions  and  reports  in  cases  in  which  the  Commonwealth  is  interested. 
St.  1890,  374.  Or  in  which  the  attorney-general  appears  for  the  Common- 
wealth.    St.  1895,  372. 

Sect.  22.     See  St.  189(3,  413. 

Sect.  23.  The  original  vouchers  or  bills  must  be  delivered  with  the 
orders.     St.  1890,  206.      (See  1890,  204.) 

Chapter  154.  — Of  the  Police,  District  and.  Municipal  Courts. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated. St.  1893,  3^96  ;  1894,  142,  173,  398,  431  ;  1895,  245  ;  1896,  220. 
(See  1882,  95;  1884,  188;  1885,  45,  132,  149,322;  1887,293;  1888, 
180,  285,  352,  415  ;  1890,  225,  256,  359,  440  §  10  ;  1892,  148,  268  ;  1893, 
385.) 

Provision  made  for  hearings  before  all  the  justices.  St.  1894,  173; 
1896,  220. 

Payment  of  interpreters  and  of  witnesses  from  without  the  Commonwealth 
allowed  in  criminal  cases.     St.  1893,  385. 

Sects.  1,  2.  Police  and  district  courts  are  established,  as  follows  :  First 
and  second,  of  Barnstable  ;  St.  1890, 177.  Fourth,  Berkshire  ;  St.  1895, 176. 
Brockton  ;  St.  1885,  155.  Brookline  ;  St.  1882,  233.  East  Boston,  dis- 
trict;  St.  1886,  15.  Second,  Essex;  St.  1888,193.  Franklin;  St.  1896, 
353.  Western  Hampden;  St.  1886,  190.  Hampshire;  St.  1882,  227. 
Marlborough;  St.  1882,  233.  Third  and  fourth,  eastern  Middlesex;  St. 
1882,  233.  Southern  Norfolk  ;  St.  1891,  273.  First,  northern  Worcester  ; 
St.  1884,  215. 

Sect.  2.  Courts  abolished:  East  Boston,  municipal;  St.  1886,  15. 
Cambridge,  police;  St.  1882,  233.     First,  Plymouth;  St.  1885,  155. 

Judicial  districts  changed  :  Northern  Berkshire  ;  St.  1895,  176.  Brock- 
ton ;  St.  1887,  322.  East  Boston  ;  1882,  146.  (See  1886,  15.)  Glouces- 
ter ;  1888,  249;  First,  eastern  Middlesex;  1888,  59.  Fourth,  eastern 
Middlesex;  1888,59;  1889,312.  First,  southern  Middlesex  ;  1882,169. 
Central  and  second,  eastern  Worcester.     St.  1896,  240. 

Sects.  4,   25.     See  St.  1882,  43;   1885,  132;   1893,  396  §  63. 

Sects.  5,  6.  Clerks  given  :  First,  Berkshire  ;  St.  1895,  176.  Southern 
Berkshire;  St.  1886,  333.  (See  1884,  231.)  Brookline;  1888,  60.  Chel- 
sea; 1882,  176.  Chicopee;  1891,  78.  Eastern  Hampden;  1896,  337. 
Hampshire  ;  1883,  80.  Lowell  (assistant)  ;  1889,  152.  Second,  eastern 
Middlesex;   1883,  97. 

Clerical  assistance  allowed:  Second,  Bristol;  St.  1889,  62.  Lowell; 
St.  1888,  246;  1889,  152.  First,  eastern  Middlesex;  St.  1889,  317.- 
Third,  eastern  Middlesex;  1893,  370.  Springfield;  1896,  331.  Central 
Worcester  ;  1895,  260. 

Clerks  and  justices  of  courts  having  no  clerks  must  deposit  public  moneys 
beyond  what  is  required  for  immediate  use.  St.  1890,  215.  (See  1890, 
204.) 

Sect.  8.     See  St.  1888,  352  ;  1893,  396  §  67. 

Sect.  11.  See  St.  1885,  149,322;  1887,293;  1892,  188  §  5  ;  1893, 
172  §  4;    1893,  396  §§  34-43. 


806  Changes  in  the  [Chap.  loi. 

Jurisdictiou  given  in  naturalization  proceedings.  St.  1885,  345  ;  1886, 
45,  203  ;  1891,  180,  419  ;    1892,  348. 

Sects.  11-22.     See  St.  1893,  396  §§  12,  34-43. 

Sect.  23.  Sessions  changed :  Northern  Berkshire ;  St.  1884,  266. 
Hampsliire;  St.  1883,  75  ;  1889,122.  (See  1882,  227  ;  1883,80.)  First, 
eastern  Middlesex  ;  St.  1893,  350.     Northern  Worcester  ;    1888,  212. 

Sects.  23,  25.     See  St.  1884,  188  ;  1893,  396  §  56. 

Sect.  24  extended.  Certification  and  audit  of  expenses  regulated.  St. 
1890,  440  §  11  ;  1891,  70.      (See  1893,  396  §  9.) 

Sect.  25.     See  St.  1892,  268  ;  1893,  396  §  55. 

Sect.  26.  Travelling  expenses  allowed  to  special  justice  in  Hampshire. 
St.  1884,  205.      (See  1885,  40.) 

Sect.  27  et  seq.  See  St.  1886,  13  ;  1888,  285,  415  ;  1890,  359  ;  1893, 
396  §§  46,  59,  64. 

Sect.  30.  Fac-simile  of  clerk's  signature  may  be  used  on  certain  jiroc- 
esses.     St.  1886,  13.     (See  1885,  321  ;  1893,  396  §  64.) 

Sects.  34,  35.  A  controller  of  accounts  is  provided  for,  and  method 
of  accounting  regulated.  St.  1887,  438;  1888,  275  ;  1890,  204,  216,  380, 
440;  1893,  257,  270;  1894,  183;  1895,  143;  1896,  128.     (See  1886,  169.) 

Funds  not  required  for  immediate  use  must  be  deposited.  St.  1890, 
215. 

Apportionment  of  fines  to  informers  in  certain  cases.  St.  1891,  416. 
(See  1890,  440  §  5.) 

Sect.  36.  Payment  of  witness  fees  regulated.  St.  1888,  180;  1890, 
440  §  8  ;   1891,  392  ;  1893,  396  §  9.      (See  1893,  385.) 

Sect.  37.  Fees  and  costs  are  regulated  in  certain  cases.  St.  1890,  256, 
353,  440  ;  1891,  70,  325  ;   1892,  200.      (See  1892,  231,  268  ;  1893,  385.) 

Sect.  38.  No  court  fees  shall  be  allowed  or  taxed  in  criminal  cases. 
St.  1890,  256.  Bond  to  be  examined  annually  by  controller  of  county 
accounts.     St.  1893,  257. 

Sect.  39  et  seq.     Appeals  regulated.     St.    1893,  396    §§    24-32.      (See 

1882,  95  ;   1890,  224,  440  §  10.) 

Sect.  42  et  seq.  The  justices  may  act  for  each  other  in  certain  cases. 
St.  1882,  43.  (See  1885,  132.)  May  sentence  or  commit  to  house  of 
industry  instead  of  to  house  of  correction  or  jail.     St.  1895,  224. 

St.  1893,  396,  applies  to  these  courts,  except  the  municipal  court.  St. 
1894,  431.      (See  1894,  142,  173,  398.) 

The  municipal  court  of  East  Boston  is  abolished,  and  East  Boston  dis- 
trict court  established.     St.  1886,  15.     (See  1882,  146.) 

Clerks  and  clerical  assistance  provided  for:  East  Boston;  St.  1886,  15. 
South  Boston ;  1887,  327.  Brighton ;  1894,  363.  Charlestown ;  1889, 
206.     Dorchester;  1885,  79.     West  Roxbury  ;   1887,  274. 

S-ECT.  55.     Number  of  justices  increased.     St.  1882,  41  ;  1888,  419  §  11  ; 

1894,  308;   1896,  234. 

Sect.  57.     Two  special  justices.     St.  1896,  2.34. 

Sect.  58.     Assistant  clerks   and  clerical  assistance  provided   for.     St. 

1883,  47  ;   1885,  42  §  2,  137  §  2  ;    1888,  419  §  13  ;    1889,  170  ;    1893,  371  ; 

1895,  125. 

Sects.  59,  60.     Jurisdiction  extended.      St.  1894,  431  §  2. 


Chap.  154.]  PuBLIC    STATUTES.  807 

Sect.  62.  Additional  sessions  b}^  special  justice  provided  for.  St.  1885, 
42  §  1 .  When  he  acts  he  must  state  in  the  record  the  fact  which  gives  him 
jurisdiction.     St.  1892,  268. 

Sect.  63  revised.     St.  1895,  457. 

Sect.  64.  Salaries  of  justices  fixed  :  First  and  second  Barnstable  ;  St. 
1890,  177.  Central  Berkshire  ;  1887,  190.  Northern  Berkshire  ;  1887,  61. 
(See  1884,  266  §  3.)  Southern  Berkshire;  1884,  231.  Boston;  1887, 
163.  (See  1882,  41  §  2.)  East  Boston;  1892,  100.  (See  1886,  15.) 
South  Boston  ;  1889,  242.  Brighton  ;  1885,  49.  First  Bristol ;  1889,  261. 
(See  1884,  220.)  Second  Bristol;  1891,  108.  Third  Bristol;  1889,  54. 
Brockton;  1885,  155.  Brookline ;  1884,  211.  (See  1882,  233  §  6.) 
Charlestown;  1891,  160.  (See  1889,227.)  Chelsea  ;  1894,  470.  Dor- 
chester;  1885,  79.  First  Essex;  1882,245.  Second  Essex ;  1888,  193. 
Fitchburg;  1889,  97.  Franklin  ;  1896,  353.  (See  1882,  245.)  Glouces- 
ter ;  1888,  234.  Eastern  Hampden  ;  1889,  130.  Western  Hampden  ;  1886, 
190.  Hampshire;  1883,  75.  (See  1882,  227;  1883,  80;  1884,  205.) 
Haverhill ;  1882,  245.     Holyoke  ;  1886,  151.     Lawrence  ;  1893,  479.      (See 

1888,  110.)  Lee;  1894,  373.  Lowell;  1893,  479.  (See  1886,  307.) 
Lynn  ;  1891,  162.  (See  1886,  154.)  Marlborough  ;  1892,  93.  (See  1882, 
233.)  Central  Middlesex;  1890,  238.  First  e^astern  Middlesex;  1893, 
479.  (See  1882,  245  ;  1886,  166.)  Second  eastern  Middlesex  ;  1886,  123. 
(See  1882,  245.)  Third  eastern  Middlesex;  1882,  233.  Fourth  eastern 
Middlesex;    1893,    479.      (See    1882,    233.)     First   northern   Middlesex; 

1889,  198.  First  southern  Middlesex;  1889,  12.  Newburyport ;  1882, 
245.  Newton;  1893,  479.  (See  1890,  93.)  East  Norfolk;  1889,  263. 
Southern  Norfolk  ;  1891,  273.  Third  Plymouth  ;  1894,  321.  Fourth  Plym- 
outh ;  1889,  281.  Roxbury ;  1889,  217.  West  Roxbury  ;  1883,  111.  Somer- 
ville;  1891,  161.  (See  1882,  245;  1887,  180.)  Springfield;  1887,  171. 
Central  Worcester;  1888,50.  First  eastern  Worcester  ;  1884,208.  Sec- 
ond eastern  Worcester ;  1889,  158.  (See  1882,  245.)  First  northern 
Worcester;    1893,  479.     (See  1884,  215  §  4.)     First  southern  Worcester; 

1890,  131.  Second  southern  Worcester;  1888,  173.  Third  southern 
Worcester ;  1882,  245. 

Salaries  of  clerks  fixed  :  Central  Berkshire  ;  1893,  479.  (See  1882,  245.) 
Northern  Berkshire  ;  1888,  89.  (See  1887,  61.)  Southern  Berkshire  ;  1894, 
374.  (See  1884,  231  ;  1886,  333  §  4  ;  1887,  227.)  Boston,  civil;  1882, 
245.  First  assistant;  1889,  39.  Second  assistant;  1889,  143.  Third 
assistant;  1892,  58.  (See  1889,  170.)  Criminal  clerk  and  assistant; 
1893,  479.  (See  1882,  245;  1885,  137.)  East  Boston;  1886,  15.  (See 
1882,  245.)  South  Boston;  1882,  245.  Assistant,  1894,  379.  (See 
1887,  327.)  Brighton;  1894,  363.  First  Bristol ;  1889,  261.  Second 
Bristol ;  see  1889,  62.  Third  Bristol ;  1893,  479.  (See  1889,  41.)  Brock- 
ton ;  1895,500.  (See  1885,  155.)  Brookline;  1888,60.  Charlestown; 
1887,  175.  (See  1889,  206.)  Chelsea;  1894,  470.  (See  1882,  176; 
1884,  197;  1887,  117.)  Chicopee ;  1891,  78.  Dorchester;  1893,  479. 
(See  1885,79;  1886,  124.)  First  Essex ;  1882,245.  Fitchburg;  1891, 
71.  (See  1882,  245;  1889,  289.)  Franklin;  1896,  353.  Gloucester; 
1888,235.  (See  1883,  53.)  Eastern  Hampden;  1896,  337.  Western 
Hampden;    1893,479.     (See   1886,   190;   1888,   88.)     Hampshire;   1893, 


808  ■  Changes  in  the  [Chap.  155. 

479.  (See  1883,80;  188G,  106.)  Haverhill ;  1888,  55.  (See  1882,  245.) 
Holyoke;  1887,  318.  (See  1884,  65.)  Lawreuce ;  1893,  479.  (See 
1887,208)  Lowell;  1893,479.  (See  1886,  307.)  Assistant ;  1889, 152. 
(See  1882,  63;  1888,246.)  Lyun  ;  1893,479.  Marlborough;  1892,93. 
(See  1882,  233;  1889,19.)  First  eastern  Middlesex  ;  1893,  479.  (See 
1882,  87,  245;  1886,  167.)  Assistant;  1894,  65.  (See  1889,  317.) 
Second  eastern  Middlesex;  1894,  336.  (See  1883,  97;  1885,  180;  1888, 
233;  1891,  107.)  Third  eastern  Middlesex;  1886,  165.  (See  1882,  233; 
1893,  370.)  Fourth  eastern  Middlesex;  1893,479.  (See  1882,  233; 
1887,174.)  First  northern  Middlesex;  1888,214.  First  southern  Mid- 
dlesex ;  1886,  156.  Newburyport;  1889,277.  (See  1882,  245.)  Newton; 
1893,  479.  (See  1886,  158.)  East  Norfolk;  1893,  479.  (See  1888,  54.) 
Southern  Norfolk;  1891,273.  First  Plymouth;  1883,57.  (See  1885, 
155.)  Third  Plymouth;  1889,  137.  Fourth  Plymouth  ;  1891,  190.  (See 
1884,204.)  Roxbury,  clerk;  1893,  479.  Assistant;  1889,  239.  (See 
1882,  245.)  Somerville;  1887,  265.  (See  1882,  245.)  Springfield; 
1889,  28.  (See  1886,  155.)  West  Roxbury ;  1893,479.  (See  1887, 
274;  1889,  92.)  Central  Worcester;  1889,83.  Assistant;  1893,  479. 
(See  1882,  245  ;  1888,  184  ;  1895,  260.)  Second  eastern  Worcester  ;  1889, 
218.  (See  1882,  245.)  First  northern  Worcester;  1885,  286.  (See 
1884,  215  §  4.) 

Compensation  of  special  justices  snxd  pro  tempore  clerks  regulated.  St. 
1893,  396  §§  66,  67  ;  1894,  142,  173  §  2  ;  1895  ;  245.      (See  1888,  352.) 

Salaries  of  constables  in  attendance  fixed:  Boston,  civil;  St.  1886,  130. 
Criminal;  1888,  195.  (See  1886,  130;  1895,  457.)  Brighton;  1886,  148. 
Charlestown;  1886,  136.  East  Boston  and  South  Boston;  1882,  245. 
Roxbury  ;  1889,  174.     West  Roxbury  ;  1886,  148. 

Chapter  155.  —  Of  Justices  of  the  Peace  and  Trial  Justices. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  396  ;  1894,  398. 

Women  who  are  appointed  special  commissioners  shall  have  same  powers 
as  justices  of  the  peace  in  certain  cases.  St.  1889,  197  ;  1896,  476.  (See 
1882,  139  ;   1883,  252.) 

Sect.  3.  Justices  may  summon  witnesses  in  civil  cases.  St.  1885,  141. 
(See  1884,  247.) 

Sect.  4.  Power  of  justices  to  issue  warrants  modified.  St.  1884,  286. 
(See  1884,  191.) 

Sect.  10.     In  Dukes  county  three  trial  justices.     St.  1892,  408. 

Sect.  12  et  seq.     Execution  may  run  into  any  county.     St.  1895,  380. 

Sect.  17  et  seq.  No  original  writ  shall  be  returnable  more  than  sixty 
days  from  date.     St.  1892^  148  ;   1893,  396  §  17. 

Provision  is  made  for  preservation  of  records,  etc.,  of  trial  justices.  St. 
1888,  211. 

Sect.  21.  In  case  of  failure  to  attend  an  adjourned  hearing  another 
justice  may  act  in  certain  cases.     St.  1883,  175.     (See  1890,  202.) 

Sects.  24-26.  Bond  required  instead  of  recognizance  before  removal. 
St.  1888,  325.  These  sections  shall  not  apply  to  actions  before  district 
and  police  courts.     St.  1893,  396  §  21. 


Chap.  156.]  PUBLIC    STATUTES.  809 

Sect.  28.     Appeal  is  to  be  entered  at  next  return  clay.     St.  1885,  384  §  5. 

Sect.  29  et  seq.  No  bond,  recognizance  or  deposit  required  in  a  replevin 
suit.  St.  1890,  224.  (See  1882,  95;  1893,  39G  §  29.)  Nor  on  an  appeal 
by  a  countv  or  a  municipal  corporation.     St.  1896,  355. 

Sects.  37,  38.     See  St.  1890,  202. 

Sects.  40,  41.     See  St.  1888,  211. 

Sect.  42.     See  St.  1895,  380. 

Sect.  43  et  seq.  Jurisdiction  of  trial  justices  extended.  St.  1885,  149, 
356;  1892,  160,  188  §  5  ;  1893,  172  §  4.  (See  1893,  414;  1894,  505.) 
Payment  of  interpreters  and  of  witnesses  from  without  the  State  allowed  in 
criminal  cases.     St.  1893,  385. 

Form  of  warrants  for  commitment  for  non-payment  of  fines  modified. 
St.  1891,  416. 

Sect.  44.     See  St.  1893,  396  §  46. 

Sect.  49.  Commitments  of  children  under  twelve  restricted.  St.  1882, 
127. 

Costs  regulated  in  certain  cases.     St.  1889,  469.      (See  1893,  385.) 

Sect.  62.     See  St.  1894,  505. 

Sects.  63,  65.  Appellant  must  pay  the  jailer's  fees  in  certain  cases. 
St.  1890,  328. 

Sects.  67  et  seq.,  74,  75.  Provision  made  for  completion  of  unfinished 
business  before  trial  justices.     St.  1890,  202.      (See  1883,  175.) 

Sect.  68.  Commitments  for  contempt  may  be  to  any  jail.  St.  1886, 
224. 

Sects.  69,  77  et  seq.  Provision  made  for  uniform  dockets  and  blanks 
except  in  certain  cases.     St.  1888,  285.     (See  1893,  396  §  59.) 

Sect.  76.  Bond  to  be  examined  annually  by  controller  of  county  ac- 
counts.    St.  1893,  257. 

Sect.  78  repealed.  Payments  and  accounting  regulated.  St.  1887,  438  : 
1890,  204,  215,  216,  440;  1891,  70,  325,  416;  1893,  270,  385.  (See 
1886,  169  ;  1888,  275.) 

Chapter  156.  — Of  Probate  Courts. 

Uniform  rules  of  practice  and  blanks  are  provided  for.  St.  1893,  372. 
(See  1890,  420  §  2.     Res.  1893,  23.) 

Form  of  accounts  regulated.     St.  1895,  210. 

Judges  may  act  for  or  assist  each  other.  St.  1892,  337;  1894,  377. 
(See  1896,  316.)  An  additional  judge  is  provided  for  in  Suffolk.  St. 
1893,  379.     And  in  Middlesex.     St.  1894,  527. 

Probate  courts  may  appoint  auditors  to  examine  accounts.  St.  1889, 
311. 

Any  act  or  proceeding  within  the  power  of  the  court  in  the  first  instance 
may  be  confirmed.     St.  1888,  420. 

The  probate  of  a  will,  or  a  determination  of  intestacy,  is  made  conclusive 
in  certain  cases  after  two  years.     St.  1889,  435. 

Disposition  of  certain  moneys  unclaimed  or  not  payable  regulated.  St. 
1885,  376;   1889,  185,  449  §  2  ;   1890,  408.      (See  1893,  379.) 

Attorneys  may  appear  in  probate  proceedings,  and  process  and  notices 
may  be  served  on  them  as  if  upon  the  parties.     St.  1890,  420  §  1. 


810  ChAN^GES   in   the  [Chap.  157. 

Sect.  2.  Jurisdiction  extended.  St.  1887,  332  §  2;  1891,  415,  425 
§  14;  1892,  11(3;  1894,  164,  536.  (See  1891,  358;  1894,  128,  203,  303, 
401  ;  1896,  210,  456.) 

Sects.  5-11.  Appeals  in  certain  cases  regulated.  St.  1887,  332  §  3; 
1888,  290;   1890,  261  §  3  ;   1891,  415  §  3;   1895,  116. 

Sects.  7,  8  amended.     St.  1888,  290. 

Sects.  9,  13  amended.  The  superior  court  is  to  act  in  certain  cases. 
St.  1890,  261.      (See  1891,  415.) 

Sect.  22.  See  St.  1890,  420;  1893,  372.  Provision  for  a  constable  to 
attend  the  court  in  Suffolk.  St.  1884,  140;  1894,  66.  (See  1887,  156.) 
And  in  Middlesex.     St.  1895,  246  §  1. 

Sects.  27,28.  Provision  for  rearranging  worn  records  and  dockets.  St. 
1891,  225. 

Sect.   32.     See  St.  1885,  376  ;    1889,  185  ;   1890,  408;  1893,  379. 

Sect.  35.  Expenses  may  also  be  awarded.  St.  1884,  131.  (See  1884, 
291.) 

Sect.  44.  Limit  of  expense  changed.  St.  1893,  422.  (See  1884,  118; 
1887,  217.) 

Sect.  45.     See  St.  1886,  224. 

Sect.  48.     Provision  made  for  cases  of  holidays.     St.  1884,  141. 

Courts  shall  always  be  open  for  matters  in  equity,  hearings,  contempt 
proceedings  and  for  making  orders  and  decrees  in  such  matters,  except  on 
legal  holidays.     St.  1895,  215. 

Changes  in  sessions:  Barnstable;  St.  1893,  343.  Franklin,  1887,  46. 
Hampden;  1884,  294.  Hampshire;  1886,  145.  Middlesex;  1889,  182. 
Plymouth;  1887,  63;  1889,  269.  (See  1889,  237.)  Suffolk;  1892,  202. 
(See  1893,  379.)     Worcester;   1893,348. 

Chapter  157.  — Of  Courts  of  Insolvency. 

Petition  may  be  brought  in  countv  where  debtor  had  a  usual  place  of 
business.     St.  1893,  405. 

Attorneys  may  appear  and  be  served  with  notices  and  process.  St. 
1890,  420  §  1. 

Jurisdiction  in  equity  given  in  insolvency  cases.     St.  1894,  164. 

Uniform  rules  of  practice  provided  for.     St.  1893,  372. 

Two  judges  in  Suffolk.     St  1893,379.     And  in  Middlesex.    St.  1894,527. 

Composition  with  creditors  provided  for  and  regulated.  St.  1884,  236  ; 
1885,  353  ;  1889,  406  ;  1890, 387  ;  1895,  394  §4.    (See  1886,  322  ;  1888,  405.) 

Provision  made  for  special  judgments  against  insolvent  debtors  whose 
property  is  under  attachment  or  brought  within  the  control  of  the  court. 
St.  1885,  59  ;  1892,  209.  And  where  bond  to  dissolve  attachment  or  pros- 
ecute review  is  given,  and  debtor  discharged  in  composition  proceedings. 
St.  1888,  405  ;  1895,  234  §  4.  Sureties'on  boud  to  dissolve  attachment 
of  property  of  an  insolvent  debtor  are  released  by  the  discharge  of  the 
debtor  in  insolvency.      St.  1889,  470. 

Voluntary  assignments  are  authorized  and  proceedings  regulated.  St. 
1887,  340.  " 

Sect.  3.  Courts  shall  always  be  open  for  certain  purposes  except  on 
legal  holidays.     St.  1895,  215' 


Chap.  158.J  PuBLIC    STATUTES.  811 

Sect.  5.  Commitments  for  contempt  may  be  made  to  any  jail.  St. 
1886,  224. 

Sect.  15.     See  St.  1894,  164. 

Sect.  16.     See  St.  1893,  405  §  1. 

Sects.  19,  93.  Accidental  delay  or  omission  to  file  schedules  not  to 
■defeat  discharge.  St.  1886,  290.  Nor  failure  to  keep  proper  books  in 
certain  cases,     St.  1894,  496. 

Sect.  26.     Equitable  liabilities  may  be  proved.     St.  1884,  293. 

Sects.  36-38.     See  St.  1889,  420. 

Sects.  36,  91.    Appeal  is  to  be  entered  on  next  return  day.    St.  1885,  384  §  5. 

Sect.  40.  Non-resident  assionees  must  appoint  a  resident  agent.  St. 
1889,  313;  1893,  118.      (See  18^90,  420.) 

Sect.  46.  Voluntary  assignments  are  valid  against  an  assignee  in  insol- 
vency, subsequeutly  appointed,  in  certain  cases.     St.  1887,  340. 

A  mortgage,  if  recorded  more  than  four  months  after  its  date,  is  not  good 
against  assignee  in  certain  cases.     St.  1888,  393. 

Sects-  64-66.  Provision  made  for  case  of  death  of  assignee  after  dis- 
posal of  property  and  before  settlement  of  accounts.     St.  1891,  400. 

Sect.  70.     Fees  of  witnesses  regulated.     St.  1890,  277. 

Sect.  84.  No  claim  against  a  pledgee,  created  by  an  unauthorized  sale 
•of  the  collateral  security,  shall  be  discharged.     St.  1885,  353  §  6.     (See 

1884,  236  §  9.) 

Sect.  93  amended  b}"  omitting  the  clause  making  the  giving  of  preferences 
an  objection  to  a  discharge.     St.  1886,  322.      (See  1886,  290  ;  1894,  496.) 

Sect.  96  et  seq.  A  pledge  or  payment  of  a  reasonable  sum  for  legal 
services  may  be  allowed.     St.  1889,  420. 

Sect.  99.  If  the  debtor  does  not  apply,  the  court  may  make  an  allow- 
ance to  his  wife  or  minor  children.     St.  1888,  67. 

Sect.  102.     Accounts  must  be  sworn  to.     St.  1884,  126. 

Sect.  103.  Provision  made  for  investment  of  unclaimed  dividends. 
St.  1883,  242. 

Sect.  112  is  revised.  St.  1895,  209.  (See  1890,  431  ;  1893,  405  §  2  ; 
1894,  261.) 

Sect.  115  is  revised.     St.  1894,  139. 

Sect.  116  amended.     St.  1893,  405  §  3. 

Sect.  120  repealed  and  a  substitute  passed.  St.  1894,  30.  (See  1893, 
405  §  4.) 

Sects.  127-130,  136.  Provision  made  for  insolvency  proceedings  by  and 
against  certain  foreign  corporations.     St.  1890,  321. 

Sects.  137,  138  are  repealed  and  fees  established.     St.  1895}  394.     (See 

1885,  353  §  4  ;  1889,  417  ;  1892,  359.) 

Sect.  139  amended.  Provable  costs,  expenses,  etc.,  limited.  St.  1892, 
359.      (See  1895,  394.) 

Chapter  158.  —  Of  Judges  and  Registers  of  Probate. 

Judges  may  act  for  or  assist  each  other.  St.  1892,  337;  1894,  377. 
Two  judges  in  Suffolk.     St.  1893,  379.     And  in  Middlesex.     St.  1894,  527. 

Register's  accounts  regulated.  St.  1894,  183.  (See  1887,  438  ;  1888, 
275  ;  1890,  216,  306  ;  1893,  270.) 


812  Changes  in  the  [Chap.  159. 

Sect.  8.  Registers  shall  send  to  the  State  treasurer  copy  of  inventory 
of  estates  subject  to  a  collateral  succession  tax.     St.  1891,  425  §  10. 

Sect.  10.     Powers  of  registers  enlarged.     St.  1894,  199. 

Sect.  23.  Salaries  of  judges  in  all  the  counties  fixed.  St.  1893,  4G9. 
(See  as  to  Barnstable ;  St.  1887,  1G6.  Berkshire;  1884,  192.  Bristol, 
1885,  165  ;  1889,  211.  Dukes  ;  1885,  318.  Essex  ;  1883,  244  ;  1888,  112. 
Middlesex;  1882,  129;  1886,  184;  1889,  251.  Nantucket;  1890,  115. 
Norfolk;  1887,  72.  Plymouth;  1886,  183.  Suffolk;  1885,  203;  1893^ 
379.  Worcester;  1885,  275.)  Subsequent  changes:  Hampden;  1894, 
352.     Middlesex,  Junior;  1894,  527. 

Salaries  of  registers  and  assistant  registers  fixed.  St.  1893,  469.  (See 
as  to  Berkshire  ;  St.  1884,  192.  Essex;  1887,273.  Franklin,  assistant ;, 
1893,  151.  Hampden;  1884,  248.  Middlesex;  1887,  259;  1891,  318. 
Suffolk;  1882,  144;  1891,  91.     Worcester;  1888,  152.) 

Sects.  23,  24.  Allowance  made  for  clerical  assistance :  Bristol ;  St.- 
1889,136.  Essex;  1886,  114 ;  1895,  174.  Hampden ;  1896,  219.  Mid- 
dlesex ;  1890,  192  ;  1893,  344  ;  1895,  459.  Plymouth  ;  1894,  322.  Suffolk  ; 
1885,  205 ;  1888,  280 ;  1889,  418 ;  1892,  230 ;  1893,  431  ;  1895,  364. 
Worcester  ;  1887,  39  ;  1889,  209  ;  1894,  259.  And  for  travelling  expenses 
in  certain  cases.     St.  1896,  316. 

Sect.  24  shall  not  apply  to  Suffolk.  St.  1885,  205  §  2.  Or  to  Frank- 
lin.    St.  1893,  151  §  2. 

Chapter  159.  — Of  Clerks,  Attorneys  and  Other  OflScers  of  Judicial 

Courts. 

Sects.  2, 5, 31.    Clerical  assistance  provided  for.    St.  1893,  327  ;  1894,  136. 

Sect.  3.  Clerk  shall  forward  to  attorney-general  copies  of  exceptions 
and  reports  incases  in  which  he  appears  for  the  Commonwealth.  St.  1890, 
374;   1895,  372. 

Sect.  4.  Fac-simile  of  clerk's  signature  may  be  used  on  all  processes 
except  executions.     St.  1886,  13. 

Sect.  5.  Clerk  must  deposit  moneys  not  immediately  needed.  St. 
1890,  215. 

Sect.  6.  When  clerk  is  absent,  county  commissioners  shall  appoint  one 
of  their  number  clerk  pro  tempore,  who  shall  be  sworn.  St.  1890,  198. 
In  counties  where  there  is  no  assistant  clerk  of  courts,  they  may  appoint  a 
clerk  pro  tern,  who  may  be  a  woman.     St.  1896,  384. 

Sects.  8,  9,  31.  Additional  assistants  given:  Essex;  St.  1889,  444. 
Middlesex;  (2d)  1889,11;  (3d)  1896,218.  Suffolk;  1888,  153  (3d)  ; 
1889,  50  (4th)  ;  1892,  87  (5th)  ;  1895,  251  (equity)  ;  1895,  393,  480 
(6th).  (See  1896,  413.)  Signatures  of  assistants  regulated.  St.  1889, 
215;   1895,  251. 

Sect.  13.     Return  of  oath  required.     St.  1894,  228. 

Sect.  14.  Bouds  to  be  examined  annually  by  controller  of  county  ac- 
counts.    St.  1893,  257. 

Sects.  27,  28.  Accounting  for  fees,  etc.,  regulated.  St.  1887,  291, 
438;    1888,257;    1890,209,215,216;    1891,87,236.      (See  1890,  360.) 

Clerks  must  deposit  public  funds  beyond  what  are  required  for  immediate 
use.  St.  1890,  215.  Certain  unclaimed  funds  are  to  be  paid  to  the  treas- 
urer of  the  Commonwealth.     St.  1890,  330. 


€HAr.  iGO.]  Public  Statutes.  813 

Sects.  29,  31.  Salaries  changed;  Clerks:  Supreme  judicial  court,  Suf- 
folk; St.  1887,  291.  Superior  court,  Barnstable  ;  1892,  95.  Dukes;  1887, 
112.  Berkshire,  Bristol,  Essex,  Franklin,  Hampden,  Hampshire,  Middle- 
sex, Nantucket,  Norfolk,  Pl^'mouth,  Suffolk  and  Worcester;  1888,  257. 
Assistant  clerks:  Middlesex;  (1st  and  2d)  1892,  187;  (3d)  1896,  218. 
Suffolk;  1885,250;  1893,153,190.  Worcester;  1891,92.  (See  1889, 
11  ;   1890,  201  ;  1895,  251,  393,  480.) 

Sect.  34  et  seq.  Women  may  be  admitted  to  practise.  St.  1882,  139. 
(See  1883,  252;   1889,  197;   189G,  476.) 

The  fee  for  admission  to  the  bar  is  fixed.     St.  1888,  257  §  5. 

Sects.  34,  39.  Disbarred  attorneys  who  continue  to  practise,  and  per- 
sons falsely  representing  themselves  to  be  attorneys,  are  subject  to  a 
penalty.     St.  1891,  418. 

Sect.  44.  Word  "suit"  applies  to  any  proceeding  before  any  court. 
St.  1884,  170. 

Sects.  47,  48.  Masters,  assessors  and  referees,  and  arbitrators  under 
chapter  188,  upon  whose  awards  judgment  is  entered,  are  to  be  paid  by  the 
county.     St.  1883,  216;  1886,  51  ;  1887,  289. 

They  are  to  have  no  fees  unless  report  is  filed  within  ninety  days.  St. 
1888,  282. 

Sect.  51.  The  fee  for  a  rule  to  an  auditor  is  fixed  at  one  dollar.  St. 
1888,  257  §  5. 

The  probate  court  may  appoint  auditors  in  certain  cases.     St.  1889,  311. 

Sects.  56-63.  Publication  of  reports  regulated.  St.  1889,  471.  Re- 
porter's salary  fixed,  and  allowance  made  for  clerk  hire  and  incidental 
expenses.     St.  1892,  380.     (See  1889,  471  §  4.) 

Sect.  64  et  seq.  Number  of  officers  in  attendance  regulated,  their  duties 
defined  and  compensation  fixed,  in  Suffolk :  Supreme  judicial  court ;  St. 
1882,232;  1886,37;  1887,243;  1890,294.  Superior  court ;  St.  1886, 
37;  1888,  357.  (See  1882,  245  §  3  ;  1883,  54.)  Middlesex  supreme 
judicial  and  superior  courts.     St.  1892,  107  ;   1895,  246,  369. 

And  in  probate  and  insolvency  courts.  St.  1884,  140 ;  1887,  156,  243  ; 
1895,  246. 

Uniforms  required  in  certain  cases.  St.  1888,  371  ;  1891,  181  ;  1892, 
107  §  5;  1895,  246  §  3. 

Sects.  72,  75  are  revised.  Official  stenographers  provided  for  in  all 
counties,  and  their  duties  and  compensation  fixed.  St.  1885,  291  ;  1887, 
24,74;  1889,324;  1892,133;  1893,404,452;  1894,68,330,424;  1896, 
459.      (See  1895,  153  §  2.) 

Chapter  160.  —  Special  Provisions  respecting  Courts  and  the  Admin- 
istration of  Justice. 

Sect.  4.  When  Christmas  falls  on  Sunday  the  courts  are  not  open  on 
the  following  day.  St.  1882,  49.  The  first  Monday  of  September  is 
"Labor's  holiday."  St.  1887,  263.  Fast  day  abolished  and  April  19 
made  a  holiday.     St.  1894,  130;  1896,  162.      (See  1888,  254.) 

Sect.  5.     See  St.  1896,  247. 

Sects.  8-10.  The  laws  as  to  naturalization  are  revised  ;  jurisdiction  is 
given  to  the  lower  courts.     St.  1885,  345  ;   1886,  45,  203  ;  1887,  36,  329  ; 


81tl:  Changes  in  the  [Chaps.  i6i,  i62, 

1891,  180,  419  ;  1892.  348.      (See  1884,  298  §  38;   1888,  257  §  4;   1893^ 
376,  417  §  237.) 

Sect.  9  is  repealed  ;  primary  declarations  may  be  made  at  any  time.  St. 
1886,  45;   1891,  180. 

Chapter  161.  — Of  the  Commencement  of  Actions  and  the  Service  of 

Process. 

The  laws  relating  to  district  and  police  courts  are  revised  and  consoli- 
dated.    St.  1893,  396. 

Two  or  more  persons  may  join  in  suit  against  same  defendant  to  recover 
not  exceeding  twenty  dollars  due  to  each  for  manual  labor.     St.  1896,  444. 

Sect.  1  applies  to  equity  suits.     St.  1883,  223  §  13 

Sects.  1-12.  The  supreme  judicial  and  superior  courts  may  change  the 
venue  in  certain  cases.     St.  1887,  347. 

Sect.  10.  The  motion  may  be  filed  within  thirty  days  after  the  day  for 
appearance.     St.  1885,  384  §  14.      (See  1892,  169.) 

Sect.  13  et  seq.  All  civil  actions,  at  law  or  in  equity  (except  replevin^, 
in  the  supreme  judicial  and  superior  courts,  may  be  commenced  in  either 
form.     St.  1887,  383. 

Fac-simile  of  clerk's  signature  may  be  used  on  certam  processes.  St.^ 
1886,  13.      (See  1885,  321.) 

Sects.  23,  27.  Terms  are  abolished  and  writs  are  returnable  on  first 
Monday  of  each  month.  St.  1885,  384.  No  original  writ  issued  by  a  trial 
justice,  or  district,  police  or  municipal  court,  shall  be  returnable  more  than 
sixty  days  from  date.     St.  1892,  148  ;  1893,  396  §  17. 

Sects.  32,  34,  36.     See  St.  1884,  330  ;  1886,230;   1889,393;   1890,321. 

Sects.  38-60.  The  right  to  attach  the  property  of  newspaper  offices  is- 
limited.     St.  1890,  377. 

Sect.  41  extended  to  arrest  of  the  person.     St.  1896,  247. 

Sect.  62.  All  attachments  must  be  deposited  in  the  registry  of  deeds. 
St.  1889,  401.      (See  1892,  289.) 

Sect.  84.  Justices  of  the  supreme  judicial  or  superior  court  may  order 
clerk  to  issue  process  in  cases  pending  in  another  county.  St.  1886,  223  ; 
1896,  413.     (See  1885,  384  §  3.) 

Sect.  122.  A  fidelity  insurance  company  may  be  the  only  surety.  St. 
1894,  522  §  61.      (See  1884,  296  §  3  ;   1887,  214  §  61.) 

Sect.  122  et  seq.  Bonds  must  contain  a  provision  for  special  judgments 
under  St.  1888,  405.  (See  1885,  59.)  The  sureties  are  released  by  princi- 
pal's discharge  in  insolvency  proceedings  begun  within  four  months.  St. 
1889,  470.  Office  of  commissioner  of  insolvency  abolished.  St.  1895, 
100. 

Sect.  127.     See  St.  1892,  359. 

Chapter  162.  —  Of  Arrest,  Imprisonment  and  Discharge. 

A  person  under  ai'rest  by  a  constable  on  mesne  process  or  execution  may 
be  further  arrested  by  a  deputy  sheriff  on  a  writ  or  execution  which  a  con- 
stable is  not  authorized  to  serve.     St.  1896,  247. 

Sect.  1.     Office  of  commissioner  of  insolvency  abolished.     St.  1895,  100. 


Chaps.  163-167.]  PUBLIO    STATUTES.  815 

Sects.  17,  18,  20,  25,  27,  28,  33,  34,  54  are  amended.  Poor  debtor  pro- 
ceedings are  regulated.  St.  1888,  419  ;  1889,  415;  1890,  128;  1891,  271, 
313,  407.      (See  1887,  442;   1893,  62;   1894,  184;   1895,  308.) 

The  place  of  proceedings  is  fixed.     St.  1894,  184. 

Sects.  17,  18.  Notice  of  examination  must  be  given  under  either  of  the 
charges  in  section  17.  St.  1887,  442.  Affidavit  may  be  made  at  any  time 
before  the  certificate  is  issued.     St.  1891,  407. 

Sects.  32,  34.  A  debtor  shall  not  suffer  default  by  reason  of  the  absence 
or  disability  of  the  magistrate,  if  a  new  notice  is  issued  within  three  days. 
St.  1887,  442  §§  3,  4. 

Sect.  36.  If  recognizance  is  not  satisfactory  debtor  may  be  imprisoned. 
St.  1889,  415  §  4. 

Sect.  68.  The  fees  are  changed,  and  the  mode  of  their  recovery.  They 
are  to  be  accounted  for.  St.  1888,  419  §  13;  1889,  415  §§  6,  7  ;  1891, 
313;   1893,  62. 

Chapter  163.  —  Of  Bail. 

Sect.  4.     Office  of  commissioner  of  insolvency  abolished.     St.  1895,  100. 
Sect.  12  is  amended.     The  bail  is  discharged  on  paying  costs,  if  the 
principal  dies.     St.  1884,  260. 

Chapter  164.  —  Of  Proceedings  against  Absent  Defendants,  and  upon 

Insufficient  Service. 

Provision  made  for  service  on  foreign  corporations.  St.  1884,  330. 
(See  1886,  230;   1889,  393;   1890,  321.) 

Sect.  6.  Notice  must  be  given  within  one  year  to  a  non-resident  of 
attachment  of  his  real  estate.  St.  1884,  268.  (See  1892,  289.)  Personal 
service  may  be  ordered  in  certain  cases.     St.  1894,  384. 

Sect.  7  amended  as  to  time  for  appearance.     St.  1885,  384  §  8. 

Chapter  166.  —  Of  Actions  by  and  against  Executors  and  Adminis- 
trators. 

In  actions  against  estate  of  a  deceased  person  supported  by  oral  testimony 
of  a  promise  or  statement  made  by  the  deceased,  evidence  of  his  statements, 
memoranda,  acts  and  habits  tending  to  disprove  the  statement  is  admissible. 
St.  1896,  445. 

Chapter  167.  — Of  Pleading  and  Practice. 

Court  terms  are  abolished,  return  days  changed  and  practice  regulated. 
St.  1883,  223  ;  1884,  304,  316  ;  1885,  384 ;  1887,  332,  380,  383  ;  1890,  154, 
374,  398,  451  ;   1891,  227,  362  ;   1892,  440  ;  1893,  61. 

Where  there  are  two  or  more  shire  towns,  the  shire  town  at  which  an 
action  shall  be  tried  may  be  designated  on  entry  of  the  writ.  St.  1882, 
264. 

An  act  to  facilitate  collection  of  small  debts  for  manual  work  or  labor. 
St.  1896,  444. 

All  civil  actions  at  law  or  in  equity  (except  replevin)  in  supreme  judicial 
or  superior  court  may  be  begun  by  bill  or  petition,  or  by  writ  with  bill  or 
petition  inserted,  and  relief  given  as  the  case  requires.     St.  1887,  383. 


816  Changes  in  the  [Chaps.  i68,  169. 

Claimants  of  funds  in  defendant's  hands  may  be  summoned  in  and  the 
parties  required  to  interplead.  St.  18<S6,  28'l.  (See  1883,  62;  1888, 
345.) 

Sects.  2-10.  A  form  for  declaring  for  recovery  of  interest  is  estab- 
lished.    St.  1890,  398. 

Sect.  8.  If  copy  is  not  furnished,  the  action  may  be  discontinued  on 
motion.     St.  1894,  405. 

Sect.  9  amended.  On  failure  to  file  a  declaration  the  action  may  be 
dismissed  on  motion.     St.  1885,  384  §  6. 

Sects.  9,  11-20,  24-29,  40,  41  and  81  apply  to  actions  in  district  and 
police  courts.     St.  1893,  396  §  23. 

Sect.  11.  Demurrers  in  equity  regulated.  St.  1883,  223  §  10.  (See 
1887,  383  §  2.) 

Sect.  13  et  seq.  Any  matter  which  in  equity  would  entitle  the  defendant 
to  be  absolutely  relieved  from  plaintiff's  claim  may  be  alleged.  St.  1883, 
223  §  14;  1887,  383. 

Sect.  43.  The  superior  court  retains  jurisdiction  although  the  action  be 
changed  to  equity.     St.  1883,  223  §  17  ;  1887,  383  §  3. 

Sects.  46,  47  are  repealed,  and  new  provisions  made  as  to  defaults.  St. 
1885,  384  §§7-11. 

Sects.  64,  67  et  seq.  Provision  made  for  postponement,  etc.,  of  cases 
on  trial  list.     St.  1884,  304;  1890,  154.      (See  1890,  451.) 

The  superior  court  may  regulate  publication  and  distribution  of  trial  lists. 
St.  1896,  401.      (See  1889,  459.) 

An  attorney  when  actually  engaged  in  the  trial  of  a  cause  in  the  supreme 
judicial  or  superior  court  is  not  obliged  to  proceed  to  trial  of  another  cause, 
unless  the  court  deems  it  just  and  reasonable.     St.  1890,  451. 

Sect.  65.     See  St.  1893,  396  §  20. 

Sect.  69.     Time  for  filing  claim  for  jury  trial  extended.     St.  1894,  357. 

Sect.  70.     See  St.  1882,  239  ;  1894,  4l'2. 

Sect.  77.     See  St.  1894,  424  §  9. 

Sect.  80.  Retraction  of  libel  may  be  proved  in  mitigation  of  damages. 
St.  1895,  441. 

Sect.  89.     See  St.  1893,  396  §  23. 

Sect.  90.     District  court  of  Hampshire  is  added.     St.  1891,  139. 

Police  courts  maj'  order  defendant  to  answer.     St.  1886,  64. 

Chapter  168.— Of  Set-off  and  Tender. 

Sect.  8  not  to  apply  to  proceedings  by  savings  banks  against  depositors 
therein.     St.  1894,  317  §  32. 

Chapter  169.  —  Of  "Witnesses  and  Evidence. 

Treatment  of  witnesses  in  custody  regulated.  St.  1894,  160,  270.  Com- 
pensation allowed  for  detention  in  jail.     St.  1894,  406.      (See  1892,  361.) 

Sect.  1  is  revised  and  right  to  issue  summonses  extended.  St.  1885, 
141  ;  1889,  197.      (See  1884,  247.) 

Sect.  5.     See  St.  1886,  224. 

Sects.  7,  8  extended  to  boards  of  police  commissioners.     St.  1882,  267. 


Chaps.  170,  171.]  PuBLIC    STATUTES.  817 

Justices  of  supreme  judicial  or  superior  court  ma>'  compel  attendance  of 
witnesses  before  tribunals  having  power  to  summon,  but  not  to  compel 
attendance.     St.  1883,  195. 

Sect.  18.     See  St.  1896,  445. 

Sects.  28,  41.  Where  the  adverse  party  does  not  appear,  no  notice  of 
taking  deposition  or  exhibition  of  interrogatories  is  required.     St.  1883,  188. 

Sect.  54  is  amended.  Notice  to  non-resident  parties  is  provided  for. 
St.  1882,  140. 

Sects.  69,  70.  Attested  copies  of  rules  of  boards  of  aldermen,  ordi- 
nances of  cities,  by-laws  of  towns  and  records  of  cities  and  towns  are  ad- 
mitted. St.  1889,  387.  And  sworn  copies  of  records,  boolvs  and  accounts 
of  savings  banks.  St.  1885,  92.  Verified  copies  from  authorized  steno- 
graphic notes  may  be  received  in  evidence  of  testimony  previously  given 
in  superior  court.  St.  1894,  424  §  9  ;  1896,  459  §  7.  (See  1895,  153; 
1896,  451.) 

Chapter  170.  —  Of  Juries. 

Sect.  2.  Assistant  clerks  and  all  regularly  appointed  court  officers  are 
exempted.     St.  1896,  427. 

Sect.  6.  Preparation  of  list  of  jurors  in  Nantucket  regulated.  St.  1891, 
131. 

Sect.  7.     Publication  of  lists  of  jui'ors  provided  for.     St.  1894,  514  §  3. 

Sect.  10.  Venires  for  jurors  for  the  supreme  judicial  court  in  Bai-u- 
stable  regulated.     St.  1889,   173. 

Sect.  17.     Drawing  jurors  in  cities  regulated.     St.  1894,  514. 

Sect.  24.  Special  provisions  made  for  preparation  of  jury  lists  in  Bos- 
ton.    St.  1888,  123. 

Sect.  35.  Jurors  may  be  examined  by  parties  or  their  attorneys,  under 
direction  of  the  court.     St.  1887,  149. 

Sects.  36,  37.     See  St.  1895,  120. 

Chapter  171.  —  Of  Judgment  and  Execution. 

.Judgments,  orders  and  decrees  must  bear  date  of  entry.  St.  1885,  384 
§  13. 

No  judgment  or  decree  affecting  title  to  real  estate  shall  be  valid  against 
third  parties  without  notice,  unless  recorded.  St.  1892,  289.  (See  1889, 
401.) 

Sects.  1,  17-24.  Provision  for  special  judgments  against  insolvents 
whose  property  is  attached,  or  under  control  of  a  court  of  equity  on  a  cred- 
itor's bill  or  otherwise.  St.  1885,  59  ;  1892,  209.  And  where  bond  is 
given  to  dissolve  attachment  or  prosecute  review,  and  defendant  is  dis- 
charged in  composition  proceedings.  St.  1888,  405.  (See  1884,  236; 
1886,  353  ;   1895,  234.) 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  exempted. 
St.  1886,  125  §  2;  1890,  181,  421  §  23.  Also  military  equipments.  St. 
1893,  367  §  71.     (See  1885,  183  §  11 ;  1887,  214  §  73,^411  §  71.) 

Sect.  39.  When  a  sale  has  been  enjoined  court  may  order  adjournments 
until  further  order.     St.  1884,  175. 


818  Changes  in  the  [Chaps.  172-178. 

Sects.  52,  53.  Provision  made  for  record  of  seizure  in  cases  where  the 
levy  is  suspended  on  account  of  a  prior  attachment.     St.  1887,  407. 

Sect.  54.  In  case  of  sickness  or  absence  of  the  otticer  another  may  be 
delegated.     St.  1885,  125. 

Chapter  172.  — Of  the  Levy  of  Execution  on  Real  Estate. 

Sect.  22.  Execution  and  certificate  must  be  recorded  in  clerk's  office. 
St.  1895,  437. 

Sect.  30.  Enjoined  sales  may  be  adjourned  by  the  court  granting  the 
injunction.     St.  1884,  175. 

Sects.  32,  49.  Right  of  redemption  extended  to  lands  set  off,  St. 
1886,  86. 

Sect.  45.  Levy  shall  be  considered  as  made  at  the  time  when  the  land 
is  taken.     St.  1896,  464. 

Chapter  173.  —  Of  the  Writ  of  Entry. 

The  supreme  judicial  court  no  longer  has  original  jurisdiction  of  writs 
of  entry.     St.  1892,  169. 

Sect.  2.  Notwithstanding  disseizin  or  adverse  possession  a  conveyance 
of  real  estate  otherwise  valid  vests  in  the  grantee  the  rights  of  entry  and 
of  action  for  recovery.     St.  1891,  354. 

Chapter  175.  —  Of  the  Summary  Process  for  the  Recovery  of  Land. 

Sect.   1.     See  St.  1891,  354. 

Sect.  2  et  seq.     See  St.  1893,  396  §§  12,  13,  25,  29,  423  §  27. 
Sects.  6,  7,  8.     A  bond  instead  of  a  recognizance  is  to  be  given.     St. 
1888,  325. 

Chapter  176.  —  Of  Petitions  for  the  Settlement  of  Title. 

This  chapter  is  repealed  and  a  substitute  enacted.     St.  1893,  340. 

Provision  made  for  barring  action  on  an  undischarged  mortgage  after 
possession  by  the  mortgagor  for  twenty  years  without  act  of  recognition. 
St.  1882,  237;   1885,  283;   1890,  427  §  1.      (See  1889,  442.) 

Provision  made  for  determining  the  validity,  nature  and  extent  of  con- 
ditions, restrictions,  reservations,  stipulations,  etc.,  more  than  thirty  years 
old,  appearing  of  record.  St.  1889,  442  ;  1890,  427  §  2.  (See  1882,  237  ; 
1885,  283.) 

Chapter  178.  —  Of  the  Partition  of  Land. 

Sect.  2.  Original  jurisdiction  of  petitions  for  partition  taken  from  su- 
preme judicial  court.     St.  1892,  169. 

Sects.  2,  9,  75  extended.  Land  in  different  counties  may  be  divided  in 
one  proceeding.     St.  1888,  346.      (See  St.  1889,  468.) 

Sect.   12.    ^See  St.  1896,  456. 

Sect.  13.  The  right  to  remove  petitions  for  partition  under  this  section 
is  taken  away.     St.  1892,  169  §  2.     (See  1885,  384  §  14.) 


Chaps.  180-183.]  PuBLIC   STATUTES.  819 

Sect.  19  et  seq.  The  probate  court  may  set  off  his  share  to  petitioner 
and  allow  the  residue  to  remain  in  common.  St.  1885,  293.  (See  1887, 
286  ;  1888,  346.) 

No  petition  for  partition  shall  be  defeated  because  a  party  has  paid  off 
an  incumbrance  which  other  parties  were  entitled  to  redeem,  but  the  decree 
shall  prescribe  terms  of  redemption.     St.  1889,  468. 

Sect.  51.     Words  "  newspaper  or"  inserted.     St.  1882,  55. 

Sects.  52,  53.     See  St.  1896,  456. 

Sect.  57  repealed.     St.  1895,  118. 

Sect.  63  amended.     St.  1882,  6  §  2. 

Sects.  64-75.  Provision  made  for  partitions  where  there  are  estates  for 
life  or  for  a  term -of  years,  and  a  remainder-man.     St.  1887,  286. 

Sect.  65  amended.     St.  1894,  104. 

Sect.  75.     See  St.  1888,  346  §  3. 

Chapter  180.  —  Of  Actions  for  Private  Nuisances. 

Fences  and  other  like  structures  over  six  feet  in  height,  maliciously 
erected  or  maintained,  are  declared  private  nuisances.    St.  1887,  348. 

Chapter  181.  —  Of  the  Redemption  and  Foreclosure  of  Mortgages. 

Sects.  3,  9.  Original  jurisdiction  of  writs  of  entry  for  foreclosure  taken 
from  the  supreme  judicial  court.     St.  1892,  169. 

Sect.  17.  The  notice  may  be  given  in  some  newspaper  in  the  county  if 
there  is  none  in  the  town.     St.  1882,  75. 

Sect.  27.  The  mortgagee  may  proceed  with  a  sale  already  advertised 
unless  the  amount  due  is  paid  into  court  or  the  sale  enjoined^  St.  1888, 
433. 

Sect.  42  shall  not  apply  to  foreclosures  under  power  of  sale  mortgages. 
St.  1896,  203. 

Chapter  183.  — Of  the  Trustee  Process. 

Sect.  1.     See  St.  1883,  223  §  11. 

Sect.  3.  Where  a  trustee  is  made  a  party  for  the  purpose  of  giving 
jurisdiction  in  the  county  where  the  trustee  resides,  the  parties  not  residing 
there,  the  action  may  be  transferred.  St.  1893,  285.  (See  St.  1893,  396 
§  13;   1S94,  398.) 

Sect.  7  extended  to  trial  justices.  St.  1887,  33.  As  to  time  of  return, 
see  St.  1893,  396  §  17;  1894,  398. 

Sect.  10.  Appearance  and  answer  must  be  within  ten  days  from  the 
return  day  of  the  writ.     St.  1885,  384  §  9. 

Sect.  29  et  seq.  The  wages  or  lay  of  seamen  are  exempted.  St.  1886,, 
194.     But  not  of  fishermen.     St.  1890,  289. 

Sect.  34.  Certain  funds  of  charitable  and  relief  societies  are  not  liable 
to  attachment.  St.  1886,  125  ;  1890,  181,  421  §  23.  (See  1885, 183  §  11  ; 
1887,  214  §  73.) 

Sect.  38.  Provision  is  made  for  executions  in  favor  of  claimants.  The 
provision  as  to  proceedings  under  chapter  161,  sections  80,  82,  83,  is 
omitted.     St.  1888,  345.      (See  1883,  62;  1886,  281.) 


820  Changes  in  the  [Chaps.  i84-i9l 

Sect.  73.  In  a  suit  by  the  defendant  against  the  trustee,  pending  the 
trustee  process,  the  costs  are  in  the  discretion  of  the  court.  St.  1883,  62. 
(See  188G,  281 ;  1888,  345.) 

Chapter  184.  —  Of  the  Keplevin  of  Property. 

In  case  of  appeal  from  the  lower  courts  by  the  plaintiff,  no  bond,  recog- 
nizance or  deposit  is  required.     St.  1890,  224.      (See  St.  1893,  396  §  29.) 

Sects.  18,  19.  Sureties  may  be  approved  by  a  justice  of  a  police,  dis- 
trict or  municipal  court.     St.  1895,  388.     (See  1894,  522  §  61.) 

Chapter  185.  —  Of  Habeas  Corpus  and  Personal  Replevin. 

Probate  courts  are  given  jurisdiction  in  cases  of  alleged  restraint  of  per- 
sonal liberty.     St.  1894,  536. 

Sect.  3.  Provision  for  habeas  corpus  in  poor  debtor  proceedings.  St. 
1888,  419  §  12. 

Sect.  18  is  amended.     St.  1882,  6  §  3. 

Chapter   187.  — Of  Writs  of  Error  and  Writs   of   and  Petitions  for 

Review. 

Upon  a  writ  of  error  or  other  proceeding  to  revei'se  or  avoid  a  conviction, 
or  discharge  a  prisoner,  the  fact  that  the  person  was  under  seventeen  years 
of  age  shall  not  be  deemed  material.     St.  1892,  266. 

Sects.  16-39  are  repealed  and  revised.  St.  1895,  234.  (See  1882,  249  ; 
1888,  405  §  3;   1893,  396  §  33.) 

Chapter  188.  —  Of  Reference  to  Arbitration. 

The  fees  of  arbitrators  under  this  chapter,  upon  whose  awards  judgment 
is  entered,  are  to  be  paid  by  the  county.  St.  1887,  289.  (See  1883,  216; 
1886,  51.) 

Chapter  189. —Of  Improving  Meadows  and  Swamps. 

Sect.  15.  "Return  day"  is  substituted  for  "court  held."  St.  1885, 
384  §  5. 

Chapter  190. — Of  Mills,  Dams  and  Reservoirs. 

Sect.  48  is  extended  to  any  stream,  on  certain  conditions.     St.  1892,  55. 

Sect.  53  et  seq.  County  commissioners  may  examine  dams  and  reser- 
voirs upon  their  own  judgment,  and  proceed  as  if  application  had  been 
made  to  them.     St.  1891,  315  ;  1893,  99. 

Chapter  191.  — Of  Liens  on  Buildings  and  Lands. 

Provision  for  speedy  trials  in  superior  court,  Suffolk.     St.  1894,  283,  547. 

Sect.  6.  Certain  inaccuracies  not  to  invalidate  the  statement  if  parties 
were  not  misled.     St.  1892,  191. 

Sect.  12  is  repealed.     St.  1888,  344  §  4. 

Sects.  13,  16,  17  are  revised,  and  new  method  of  procedure  prescribed. 
St.  1888,  344.  District  and  police  courts  have  jurisdiction  when  the  claim 
does  not  exceed  one  thousand  dollars.     St.  1893,  396  §  12. 


Chaps.  192-198.]  PuBLIC    STATUTES.  821 

Sects.  42,  43.  Any  person  to  whom  a  debt  would  be  payable  for  labor 
or  materials,  if  it  were  not  for  a  lien,  may  dissolve  such  lien  by  bond.  St. 
1890,  383.  Sureties  may  be  approved  by  a  justice  of  a  police,  district  or 
municipal  court.     St.  1895,  404. 

Sect.  45.     Creditor's  attorney  may  discharge  lien.     St.  1891,  244. 

Chapter  192.  — Of  Mortgages,  Conditional  Sales,  Pledges  and   Liens 
on  Personal  Property. 

An  act  to  regulate  the  making  of  loans  upon  deposits  or  pledges  of  per- 
sonal property.     St.  1895,  497.     (See  1894,  416  ;  189(5,  183.) 

The  provisions  of  this  chapter  shall  not  apply  to  contracts  under  St. 
1894,  326. 

Sects.  1,  2  are  repealed,  and  new  provisions  made  as  to  recording.  St. 
1883,  73. 

The  discharge  of,  and  redemption  of  security  for,  small  loans  regulated. 
St.  1888,  388;  1890,  416;   1892,  428.      (See  188.5,  252;   1895,  497.) 

Mortgages  of  household  furniture  are  regulated  in  certain  cases.  St. 
1892,  428  §  3. 

Sect.    6  not  repealed  or  affected  by  St.  1892,  428. 

Sects.  7,  10.     See  St.  1892,  428  §  4. 

Sects.  10-12.  Debts  or  claims  against  a  pledgee,  created  by  an  unau- 
thorized sale  of  the  collateral,  are  not  discharged  in  insolvency.  St.  1885, 
353  §  6.     (See  1884,  236  §  9.) 

Sect.  13.  Conditional  sales  of  furniture  or  household  effects  are  reou- 
lated.     St.  1884,  313  ;   1892,  411. 

Sect.  15.     Time  for  filing  statement  extended.     St.  1896,  404. 

Sect.  24.  Courts  in  the  county  Avhere  the  petitioner  has  his  usual  place 
of  business  also  have  jurisdiction.     St.  1888,  46. 

Sect.  26  amended  to  conform  to  section  24.     St.  1893,  173. 

Sect.  31.  Disposition  of  unclaimed  baggage,  etc.,  regulated.  St.  1893, 
419;  1894,  181. 

Chapter  195.  —  Of  the  Collection  of  Claims  against  the  Commonwealth. 

Sect.  1  is  extended  to  all  claims,  whether  at  law  or  in  equity,  except 
those  mentioned  in  section  7.     They  are  subject  to  set-off.     St.  1887,  246. 

Chapter   196. —Of  the  Limitations  of  Real   Actions   and  Rights    of 

Entry. 

Sect.  11.     Not  to  apply  to  certain  province  lands.     St.  1893,  470. 

Chapter  197.  — Of  the  Limitation  of  Personal  Actions. 

Actions  to  recover  forfeitures  for  selling  liquor  to  a  minor  are  limited  to 
two  years.     St.  1889,  390. 

Actions  by  and  against  assignees  in  insolvency  are  limited.    St.  1895,  432. 

Chapter  198.  — Of  Costs  in  Civil  Actions. 
When  two  or  more  eases  are  tried  together  in  the  supreme  judicial,  supe- 
rior, or  any  police,  municipal  or  district  court,  the  costs  may  be  reduced  by 
the  presiding  judge.     St.  1892,  231. 


822  Changes  in  the  [Chaps.  199-203. 

Sect.  25  is  revised.     Time  of  hearing  appeals  changed.     St.  1882,  235. 
Sects.  28-31.     Term  fees   are   abolished.     St.   1888,  257;    1889,433; 
1890,  209  ;  1891,  87.      (See  1882,  264  ;  1890,  360.) 

Chapter  199.  — Of  the  Fees  of  Certain  Officers. 

In  criminal  cases,  if  the  complaint  is  unfounded,  frivolous  or  malicious, 
the  magistrate  may  refuse  to  allow  fees  to  complainant.  St.  1890,  440 
§  13. 

Sect.  2.  In  police,  district  and  municipal  courts  no  court  fees  are 
allowed  in  criminal  cases.     St.  1890,  256. 

Sects.  2,  3.  The  fees  of  trial  justices  and  mode  of  approval  and  certifi- 
cation are  established.  St.  1890,  353;  1891,  325;  1892,  200  §  3.  (See 
1890,  440;  1892,  160.) 

Sects.  4,  5.  The  entiy  fee  covers  all  clerks'  fees,  except  in  certain 
cases.     St.  1888,  257  ;  1889,  433  ;  1890,  209  ;  1891,  87.      (See  1890,  360.) 

Sect.  6.  Fees  for  summoning  witnesses  in  criminal  cases  fixed.  St. 
1882,  215. 

Sect.  9  is  revised.  Certain  charses  for  horse  hire  are  allowed.  St. 
1885,  254. 

Sects.  14,  39.  "When  two  or  more  cases  are  tried  together  the  presiding 
judge  may  reduce  the  fees  and  costs.     St. -1892,  231. 

Sect.  14.  Fees  of  witnesses  in  insolvency  proceedings  regulated,  St. 
1890,  277. 

Sect.  15  repealed.     Appraisers'  fees  regulated.     St.  1886,  135. 

Sect.  20.  Fees  are  paid  to  county,  and  registers  and  assistants  paid  by 
salary.     St.  1895,  493.      (See  1896,  172.) 

Sects.  23-27  apply  to  registers  of  probate  and  insolvency.  St.  1893, 
469  §  2. 

Sects.  30,  34  et  seq.  Officers'  fees,  costs  and  expenses  regulated.  St. 
1890,  440;  1891,  70,  325,  392;   1892,  200.      (See  1889,  469^  1890,   166; 

1892,  231.) 

Sects.  32,  39.     See  St.  1892,  231. 

Chapter  200. — Of  the  Rights  of  Persons  accused. 

Police  matrons  and  stations  for  detention  of  women  are  required  in  cer- 
tain cities.     St.  1887,  234  ;  1888,  181. 

Chapter  202.  —  Of  Offences  against  the  Person. 

Sects.  15,  16.  Public  boxing  matches  and  private  boxing  matches  for 
a  prize  or  reward  are  prohibited.     St.  1896,  422. 

Sect.  27.     Punishment    modified    and    "age  of  consent"    raised.     St. 

1893,  466.      (See  1886,  305  ;  1888,  391.) 

Chapter  203.  — Of  Offences  against  Property. 

The  following  are  made  offences  :  — 

False  statements  of  the  distance  travelled  or  to  be  travelled  with  a  hired 
horse,  or  refusal  to  pay  the  hire.     St.  1882,  236. 


Chap.  203.]  PuBLIC    STATUTES.  823 

Obtaining,  by  false  representations,  certificates  or  transfers  of  registra- 
tion, and  giving  false  pedigrees  of  cattle,  horses,  etc.  St.  1887,  143  ; 
1890,334." 

Entering  or  driving  a  horse  disguised,  or  different  from  the  one  pur- 
ported to  be  entered,  to  compete  for  a  purse  or  premium.     St.  189^,  167. 

False  representations  to  overseers  of  the  poor,  etc.,  for  purpose  of  caus- 
ing any  person  to  lie  supported  as  a  pauper.     St.  1891,  343. 

Selling  goods  marked  silver,  sterling  silver  or  coin  silver  containing  less 
than  the  required  proportion  of  pure  silver.     St.  1894,  292. 

Injuring  property  or  unlawful  diversion  of  electricit}'  of  an  electric  light- 
ing company.  St.  1895,  330.  Violation  of  park  regulation.  St.  1896, 
19^9. 

Sects.  10,  11  amended.     The  penalties  are  modified.     St.  1888,  135. 

Sect.  16  extended  to  railroad  cars.     St.  1896,  389. 

Sect.  20.     The  penalties  are  changed  in  certain  cases.     St.  1889,  458. 

Sects.  20,  37,  40.  The  embezzlement  of  property  of  voluntary  associa- 
tions is  made  a  crime.     St.  1884,  174;   1886,  328.    '(See  1887,  411  §  77.) 

And  of  money,  stocks  or  securities  held  by  brokers  under  written  direc- 
tions for  their  disposal.     St.  1892,  138.      (See  1890,  437  §  3.) 

Sect.  21.     And  the  mutilation  of  a  will.     St.  1890,  391. 

Sect.  43.  Penalty  for  destroying  or  removing  from  order  boxes  orders 
to  carriers  for  hire.     St.  1895,  481. 

Sect.  56  is  extended  to  agents,  clerks,  etc.,  of  persons  or  firms,  and  to 
omissions  to  make  true  entries.     St.  1885,  223. 

Sect.  58.  Fraudulent  use  of  certain  insignia  is  made  an  offence.  St. 
1887,  67;  1891,  15;  1894,  27,  117. 

Sects.  63,  64  extended  to  labels,  stamps  and  trade-ruarks  of  labor  and 
trade  associations.     St.  1890,  104.     (See  1893,  443;  1894,  285.) 

Sect.  79.  Wilful  detention  or  mutilation  of  books,  etc.,  of  public  or 
incorporated  libraries  are  offences.     St.  1883,  77,  81. 

Sect.  95.     See  St.  1893,  403. 

Sect.  99.  Provision  is  made  to  prevent  trespass  on  private  laud  by 
persons  with  fire-arms,  the  defacing  of  notices,  etc.  St.  1884,  308;  1890, 
403,  410.      (See  1886,  276  §  4.) 

And  on  lands  appurtenant  to  prisons  or  houses  of  correction.  St.  1885, 
303. 

Sect.  101.  The  tearing  down,  removal  or  defacing  of  a  warrant,  voting 
or  jury  list,  or  other  legal  notice,  is  made  punishable.  St.  1883,  156  ; 
1887,  147;   1888,  436  §  28  ;   1889,  413  §  28. 

Sect.  103.  Municipal,  district  and  police  courts  are  given  concurrent 
jurisdiction  in  certain  cases.     The  penalty  is  regulated.     St.  1887,  293  §  2. 

The  wilful  defacing  and  misuse  of  milk  cans  is  made  an  offence.  St. 
1885,  133. 

Sect.  106.  The  penalty  is  increased.  One-half  the  fine  is  to  go  to  the 
informant.     St.  1889,  399. 

Sects.  107-109.  The  wilful  or  negligent  setting  of  fires  is  made  a  crime. 
St.  1882,  163  ;   1886,  296. 

Wilful  or  wanton  destruction  of  property  by  a  convict  is  punishable. 
St.  1891,  295;   1896,  344. 


824  Changes  in  the  [Chaps.  205, 207. 


Chapter  205.  —  Of  Offences  against  Public  Justice. 

The  following  are  made  offences  :  Procuring  fraudulent  divorces.  Unlaw- 
fully issuing  certificates  of  divorce.  Advertising,  by  one  not  a  member 
of  the  bar,  the  business  of  procuring  divorces.  St.  1886,  342  ;  1887,  320  ; 
1891,  59.  Falsely  representing  one's  self  to  be  an  attorney-at-law.  St. 
1891,  418. 

Interference  with  police  signal  system.     St.  1888,  291. 

Trespass  on  lands  appurtenant  to  prisons,  disturbance  of  prisons  and 
illicit  communication  with  prisoners.  St.  1885,  303.  And  illicit  con- 
veyance of  articles  to  or  from  the  men's  reformatory  prison.  St.  1887, 
339. 

Commitments  for  contempt  may  be  made  to  any  jail  and  served  in  any 
county.     St.  1886,  224. 

Sect.   1.     Penalty  modified.     St.  1892,  123. 

Sects.  9,  10  are  extended.     St.  1891,  349  ;  1892,  416. 

Sects.  11,  12  extended  to  county  officers.     St.  1893,  271. 

Chapter    207.  —  Of   Offences   against   Chastity,   Morality,   and   Good 

Order. 

Punishments  are  provided :  For  keeping  or  resorting  to  a  place  where 
opium  is  used.  St.  1885,  73  ;  1895,  194.  For  the  exhibition  of  deformed 
persons.  St.  1884,  99.  For  unnatural  and  lascivious  acts.  St.  1887,  436. 
For  sending  to,  or  detaining  in,  a  house  of  ill-fame  any  female  as  an  inmate 
or  servant.  St.  1888,  311.  For  immoral  shows  or  entertainments.  St. 
1896,  339.     Violating  a  park  regulation.     St.  189C,  199. 

Sect.  2.  Further  provision  made  against  seduction,  unlawful  inter- 
course and  assistance  thereto.     St.  1886,  329  ;  1888,  311. 

Sect.  9.  The  dying  declarations  of  the  woman  are  admissible  in  evi- 
dence.    St.  1889,  100. 

Sect.  15  is  extended  and  revised.  St.  1894,  433  ;  1895,  162.  (See 
1890,  70.) 

The  gift,  sale  or  distribution,  to  or  by  minors,  of  papers  devoted  to 
criminal  news  is  punishable.     St.  1885,  305. 

Sects.  20,  29,  34,  35.  Disorderly  or  indecent  speech  or  behavior  in 
public  conveyances  is  punishable.     St.  1883,  102. 

Sect.  22  is  extended  to  licensed  picnic  groves.  St.  1887,  445.  (See 
1885,  309.) 

Sect.  23.  Wilful  disturbance  of  persons  in  a  public  library  or  reading 
room  is  made  an  offence.     St.  1885,  225. 

Sects.  25-28  are  repealed,  and  new  provisions  made  as  to  proceedings 
and  punislmients  in  cases  of  drunkenness.  St.  1891,  427;  1892,  303; 
1893,414,447.  (S&e  1885,  365,  375  ;  1886,323  §  2;  1888,  377;  1891, 
356  ;  1892,  160,  200.) 

Sect.  29.  Neglect  to  support  wife  or  minor  children  is  punishable. 
St.  1885,  176;   1893,  262.      (See  1882,  270;   1884,  210.) 

Sects.  29,  42.  Sentences  under  these  sections  regulated.  St.  1884, 
258  ;   1865,  365  ;  1886,  323  ;   1888,  49  ;   1892,  302.      (See  1892,  303.) 

Sect.  38  is  revised.     St.  1896,  385. 


Chaps.  208-210.]  PuBLIC    STATUTES.  825 

Sects.  49,  50.  Removing  flowers  or  memorial  tokens  from  graves,  etc., 
without  authority  is  punishable.     St.  1888,  395. 

Sects.  52-54.  The  docking  of  horses'  tails  is  forbidden  under  penalty. 
St.  1894,  461.     (See  1889,  267.) 

The  payment  of  fines  to  informers  under  these  sections  is  regulated.  St. 
1889,  267  ;  1891,  304,  416  ;   1894,  461. 

Sect.  69  is  extended.     St.  1895,  461.      (See  1885,  316  ;   1893,  436.) 

Chapter  208.  —  Of  Offences  against  Public  Health. 

Penalties  are  provided  for :  Sale  or  gift  of  cigarettes,  snuff  or  tobacco 
to  children  under  sixteen ;  St.  1886,  72.  Feeding,  or  keeping  with  intent 
to  feed,  garbage,  offal,  etc.,  to  milch  cows  and  certain  food  animals;  St. 
1889,  326  ;  1895,  385.  Sale  of  clothing  made  in  unhealthy  places  ;  St. 
1891,  357  ;  1892,  296  ;  1893,  246.  Manufacture  or  sale  of  toys  or  confec- 
tionery containing  arsenic;  St.  1891,  374.  Pollution  of  water  supplies; 
St.  1884,  172.  Neglect,  after  notice  by  board  of  health,  to  repair  private 
drain  in  street;  St.  1893,  312.  Adulteration  of  food  or  drugs;  St.  1882, 
263;  1884,  289;  1886,  171;  1896,  397  §  19.  (See  1883,  263.)  (As  to 
milk  and  butter,  see  1884,  310;  1885,  352;  1886,  317,  318;  1896,  398.) 
Making  or  issuing  a  false  or  fraudulent  certificate  or  prescription  for  sale 
of  intoxicating  liquor  or  medicines.  Selling  intoxicating  liquor  or  drugs 
by  a  registered  pharmacist  without  a  license.  Adulterating  drugs.  St. 
1896,  397  §§  16-19.  Unlawfully  advertising  as  a  physician  or  surgeon. 
St.  1894,  458  §  10;  1895,412.  Breach  of  regulations  for  bakeries.  St. 
1896,  418  §  6. 

Sects.  5,  6.  The  regulations  as  to  sale  of  poisons  are  revised.  St.  1896, 
397.     (See  1885,  313  ;  1887,  38  ;  1888,  209.) 

Chapter  209.  —  Of  Offences  against  Public  Policy. 

It  is  made  unlawful  to  display  a  flag  or  emblem  of  a  foreign  country  on 
a  public  building  or  schoolhouse,  except  on  certain  conditions.  St.  1895, 
115. 

Provisions  to  prevent  lotteries  and  policy  lotteries.  St.  1892,  409  ;  1895, 
419. 

Property  shall  not  be  sold  or  exchanged  under  the  inducement  of  any 
gift  or  prize.     St.  1884,  277. 

Pretending,  in  writing,  to  hold  a  degree  of  a  college  or  school,  or  the 
approval  of  a  college  or  professional  school  of  a  person,  process,  treat- 
ment or  goods,  and  granting  degrees  without  authority,  are  made  offences. 
St.  1893,  355.      (See  1883,  268.) 

Influencing  or  intimidating  voters,  and  coercing  or  compelling  a  person, 
as  a  condition  of  employment,  to  agree  not  to  join  a  labor  organization  are 
made  oft'ences.     St.  1894,  508  §§  3,  5,  58,  78. 

Sects.  11-13.     See  St.  1892,  167. 

Chapter  210.  — Of  Felonies,  Accessories,  Abettors  and  Attempts  to 

commit  Crimes. 

Sentences  are  regulated.  St.  1885,  365  ;  1886,323;  1889,  113  ;  1891, 
200;   1895,  218,  469,  504.     (See  1887,  435;  1890,  316.) 


826  Chaxges  in  the  [Chaps  211,212. 


Chapter  211.  —  Of  Proceedings  to  prevent  the  Commission  of  Crime, 

The  court  may  revoke  au  order  requiring  recognizance  or  reduce  the 
amount.     St.  1896,  388. 

Sects.  4,  5  amended.  Magistrate  may  impose  sentence  in  case  of  con- 
viction.    St.  1894,  505. 

Sect.  6  extended  to  all  criminal  cases.     St.  1890,  440  §  13. 

Sects.  13,  16,  17.     See  St.  1893,  396  §  41. 

Chapter  212.  — Of  Search  Warrants,  Rewards,  Arrests,  Examination, 

Bail  and  Probation. 

Police  matrons  are  provided  for  in  certain  cities.     St.  1887,  234  ;  1888,  181. 

Male  and  female  prisoners  shall  not  be  carried  to  or  from  court  together 
in  certain  cities.     St.  1894,  273. 

Provisions  in  regard  to  arrest  of  children  under  twelve.     St.  1882,  127. 

Sect.  2.  Tickets  and  other  materials  for  pool  selling  are  added.  St. 
1885,  342  §  2.  Also  personal  property,  insured  against  fire,  concealed  to 
defraud  an  insurance  company.     St.  1890,  284.      (See  1890,  452.) 

Property  seized  under  St.  1890,  284,  shall  be  disposed  of  as  the  court 
orders.     St.  1890,  452. 

Sects.  5-10  apply  to  property  seized  in  pool  rooms,  gaming  houses  and 
opium  joints.  St.  i894,  410;  1895,  194.  (See  1885,  73,  342  §  2;  1887, 
448  §  2;   1895,  419.) 

Sect.  9  is  extended  to  gaming  apparatus  and  certain  other  articles.  St. 
1885,  66.  "  ^ 

Sect.  15.  If  magistrate  deems  complaint  unfounded,  frivolous  or  mali- 
cious, he  may  refuse  fees  to  complainant.     St.  1890,  440  §  13. 

Sect.  16.  A  summons  shall  issue  instead  of  a  warrant ' '  unless  there  is  reason 
to  believe  that  the  accused  will  notappear  upon  a  summons."    St.  1890,  225. 

Sects.  17,  20.  Warrants  and  other  criminal  process  may  be  directed  to 
and  served  by  officers  in  any  county.     St.  1886,  247.      (See  1895,  380.) 

Sect.  26.  On  adjourning  a  trial  or  examination  where  the  offence  is 
punishable  with  death  or  imprisonment  for  life,  material  witnesses  for  the 
government  may  be  bound  over  according  to  sections  37-41  of  this  chapter. 
St.  1885,  136. 

Another  justice  may  complete  adjourned  proceedings.     St.  1883,  175. 

Sects.  36-40.  Provision  for  detention  of  witnesses  in  cases  of  felony, 
pending  pursuit  and  apprehension  of  offender.  St.  1892,  361.  (See  St. 
1893,  396  §  48.)  Provision  made  for  treatment  of  witnesses  in  custody. 
St.  1894,  160,  270.     And  for  their  compensation.     1894,  406. 

Sects.  37-41.     See  St.  1885,  136  §  2. 

Sect.  51.  The  latter  clause  of  this  section,  forbidding  justices  to  receive 
compensation  for  taking  bail,  is  repealed.     St.  1885,  135. 

Sect.  68.  Money  may  be  deposited  with  any  officer  authorized  to  take 
recognizance.     St.  1882,  134. 

Sects.  74-78  repealed,  and  new  provisions  made  as  to  probation  officers. 
St.  1891,  356,  427;  1892,  242,  276;  1894,229,368,372.  (See  1882, 
125  ;  1892,  303.) 

Sect.  81  amended.     St.  1886,  101  §  4. 


Chaps.  213-215]  PuBLIC    STATUTES.  827 


Chapter  213.  —  Of  Indictments,  Prosecutions  and  Proceedings  before 

Trial. 

Sect.  15.     See  St.  1887,  367  ;  1895,  390. 

Sect.  16  et  seq.     See  St.  1886,  328  §  2 ;   1887,  436. 

Sect.  17  repealed  and  a  substitute  passed.    St.  1886,  53.     (See  1885, 144.) 

Sects.  15,  30.  The  support  of  such  insane  persons  is  to  be  paid  by  the 
State.     St.  1883,  148;  1889,  90.     (See  1894,  214  §  3.) 

Sect.  28  et  seq.  The  superior  court  has  exclusive  original  jurisdiction 
in  capital  cases.     St.  1891,  379.     (See  1893,  324,  365,  394.) 

Sects.  29,  30  repealed.      St.  1891,  379  §  14. 

Sects.  33-35.  Police  officers  may  serve  subpoenas  when  requested  by 
district  attorney.     St.  1890,  440  §  6. 

Sect.  35.  In  cases  of  felony,  witnesses  committed  may  be  held  a  rea- 
sonable time  pending  pursuit  and  apprehension  of  the  offender.  St.  1892, 
361.     (See  1894,  406.) 

Sect.  38  not  affected  by  St.  1891,  379  §  4.     St.  1893,  365. 

Chapter  214. —  Of  Trials  and  Proceedings  before  Judgment. 

Sect.  1.  Order  of  trials  in  criminal  cases  regulated.  St.  1884,  193; 
1889,  432. 

Sect.  5,  6.  When  two  or  more  persons  are  tried  together  the  Common- 
wealth may  challenge  as  man}'  as  the  defendants.     St.  1895,  120. 

Sect.  16.     See  St.  1887,  367. 

Sects.  16,  19,  20.  The  support  of  such  insane  person  is  to  be  paid  by 
the  State.     St.  1883,  148;  1889,  90.     (See  St.  1895,  390.) 

Sect.  21  amended.     St.  1895,  390  §  7. 

Chapter  215.  — Of  Judgment  and  Execution. 

Sentence  shall  be  imposed  notwithstanding  exceptions  or  appeal.  St. 
1895,  469. 

Provision  made  for  the  ascertainment  and  punishment  of  habitual  crim- 
inals. St.  1887,  435.  And  for  registration  and  identification  of  certain 
criminals.     St.  1890,  316 

Warrants  for  commitment  for  non-payment  of  fines  regulated.  St.  1891, 
416  §  2. 

Sentences  to  State  prison  regulated.     St.  1895,  504. 

And  to  Suffolk  county  reformatory.     St.  1896,  536. 

Commitment  may  be  made  at  same  time  on  several  sentences.  St.  1884, 
265. 

Convicts  ma}'  be  sent  to  jail,  liouse  of  correction,  or  Suffolk  reforma- 
tory, and  may  be  transferred  from  one  to  the  other.  St.  1882,  241  ;  1895, 
224;   1896,  521,  536  §  7. 

Prisoners  in  State  institutions  shall  not  be  employed  outside  the  pre- 
cincts of  such  institution  in  any  mechanical  or  skilled  labor  for  private 
parties.     St.  1891,  209. 

Sects.  2.  5.  Taxing  costs  against  defendants  in  criminal  cases  is  re- 
stricted and  payment  of  expenses  regulated.     St.  1890,  440  ;   1891,  325. 


828  Changes  in  the  [Chaps.  216-219. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  part  of  ex- 
pense of  prosecution.     St.  1890,  328. 

Sect,  8.  Not  to  apply  to  sales  of  intoxicating  liquor  by  unregistered 
pharmacists  in  name  of  one  who  is  registered.     St.  1893,  472. 

Sect.  15.  Sentences  of  women  regulated.  St.  1889,  113;  1895,  218. 
(See  1887,  426;   1896,  304.) 

Sect.  18  is  revised.     St.  1882,  127. 

Sect.  22.  A  prisoner  in  the  Massachusetts  reformatory  may  be  sent  to 
State  prison  or  house  of  correction  on  conviction  of  an  offence  punishable 
by  imprisonment  therein.     St.  1891,  200.     (See  1895,  273.) 

Chapter  216.  —Of  Fire  Inquests. 

This  chapter  is  repealed,  and  the  laws  as  to  fire  inquests  revised.     St. 

1894,  444.     (See  1886,  296  ;  1887,  214  ;  1888,  199  ;  1889,  451  ;  1891,  229  ; 

1895,  452,  499.) 

Chapter  217.  —  Of  Fines,  Forfeitures  and  Costs. 

Expense  of  serving  warrant  of  commitment  shall  be  deemed  a  part  of 
expense  of  prosecution.     St.  1890,  328. 

Sect.  6.     See  St.  1890,  353. 

Sects.  8,  9.  Taxation,  certification  and  payment  of  costs  and  fines 
regulated.     St.  1890,  218,  440;  1891,  236,  392,  416.      (See  1889,  469.) 

Sect.  13  repealed.     St.  1890,  218  §  3. 

Sect.  15  is  repealed,  and  method  of  accounting  for  moneys  received 
under  section  14  established.     St.  1891,  416. 

Chapter  218.  — Of  Fugitives  from  Justice  and  Pardons. 

Sect.  6  repealed.  Payment  of  expenses  of  requisitions  regulated.  St. 
1886,  267. 

Sect.  14.  Sentences  after  breach  of  condition  of  a  pardon  regulated. 
St.  1882,  197. 

Chapter  219.  — Of  the  Commissioners  of  Prisons. 

The  commissioners  shall  make  reports  to  the  governor  at  least  once  in 
six  months.  St.  1893,  428.  Shall  make  special  rules  for  treatment  of 
witnesses  held  in  custody.     St.  1894,  270.      (See  1894,  160.) 

They  may  provide  for  surgical  treatment  of  prisoners.  St.  1882,  207. 
They  shall  provide  for  exercise  tor  unemployed  prisoners.  St.  1895,  146. 
And  for  medical  supervision  of  prisoners  in  solitary  cells  in  county  prisons. 
St.  1895,  195.  And  for  teaching  certain  prisoners  to  read  and  write. 
St.  1895,  259. 

Powers  and  duties  of  commissioners  in  regard  to  the  reformatory  pre- 
scribed. St.  1884,  255,  331  ;  1894,  249.  As  to  release  on  parole  of  pris- 
oners in  State  prison.     St.  1894,  440  ;  1895,  252,  504. 

The  governor  may  remove  commissioners  at  pleasure.     St.  1893,  453. 

Registration  and  measurement  of  certain  convicts  provided  for.  St. 
1890i'316.     (See  1892,  313.) 


Chap  220.]  PUBLIC    STATUTES.  829 

The  authorities  of  State  of  Verraout  are  granted  permission  to  detain  in 
and  transport  through  this  State  convicts  sentenced  in  Vermont.  St.  1892, 
423. 

Sect.  3.     Secretary's  salary  fixed.     St.  1886,  225.     (See  1884,  331  §  4.) 

Sect.  4.  Removal  and  transfer  of  prisoners  regulated.  St.  1882,  207, 
241;  1885,  35,320;  1887,292,  375;  1888,  192;  1890,  180,278;  1894, 
249;    1895,273.      (See  1896,  317,  521.) 

State  prison  convicts  may  be  graded  and  classified.  St.  1892,  267. 
(See  1891,  372.) 

Sect.  6.  Vagrants  and  tramps  maj'  be  removed  to  the  State  farm.  St. 
1885,  35  §  1.      (See  1887,  264;   1896,  385.) 

Sect.  14  et  seq.  Labor  in  prisons  and  employment  of  prisoners  regu- 
lated. St.  1883,  217;  1885,94;  1887,  447;  1888,  22,  189,  403;  1891, 
209,  228,  371  ;  1894,  451,  460;   1895,  259.     (See  1895,  146.) 

Sects.  17,  18  repealed.     St.  1888,  403  §  6. 

Sect.  24.  Sentence  may  be  to  reformatory  prison  for  women.  St.  1894, 
260. 

Sects.  26-30.  Provision  for  aid  for  female  prisoners  discharged  with- 
out sentence.     St.  1886,  177. 

Further  provisions  for  aiding  discharged  prisoners.  St.  1887,  315,  336, 
395  ;   1888,  322,  417  ;  1895,  383.     ' 

Additional  agents  authorized.  St.  1887.  315.  Salarv  of  agent  provided 
for.     St.  1 888, '"  330. 

Sect.  32.     See  St.  1889,  245  ;  1895,  449. 

Sects.  34,  35  et  seq.  Reports  and  returns  are  regulated.  St.  1882,  226  ; 
1891,  187;   1892,  290  §  2. 

Sect.  36  repealed.     St.  1882,  226  §  3. 

Sect.  39.  Allowance  made  for  clerical  assistance.  St.  1888,  328; 
1895,  431.     (See  1885,  52.) 

Chapter  220.  — Of  Jails  and  Houses  of  Correction. 

An  act  relative  to  the  Suffolk  county  reformatoi-y,  house  of  correction 
and  Boston  house  of  industry.     St.  1896,  536. 

Police  matrons  and  stations  for  the  detention  of  women  are  required  in 
certain  cities.     St.  1887,  234;  1888,  181. 

Carrying  male  and  female  prisoners  together  to  and  from  court  is  for- 
bidden in  certain  cities.     St.  1894,  273. 

A  a'eneral  superintendent  of  prisons  is  provided  for.  St.  1887,  447  §  6  ; 
1895,^^322.      (See  1888,  403  §  8.) 

Provision  for  teaching  certain  illiterate  prisoners  to  read  and  write.  St. 
1895,  259. 

Sect.  2.  The  sheriff  may  transfer  prisoners  between  jails  and  houses 
of  correction.     St.  1882,  241.      (See  1890,  278;  1896,  521.) 

Sect.  11  ei  seq.  An  institution  commissioner  substituted  for  directors 
for  public  institutions  of  Boston.  St.  1895,  449  §  14.  (See  1885,  266; 
1889,  245;   1896,  521,  536.) 

Sects.  13,  14.  Contract  labor  is  forbidden  in  certain  prisons.  St.  1887, 
447  ;  1888,  22.  (See  1888,  403  ;  1894,  451.)  And  employment  of  prison- 
ers for  private  parties  outside  of  prison  precincts.     St.  1891,  209. 


830  ChAXGES   in    the  [Chap.  221. 

Sect.  19.     See  St.  1891,  426. 

Sect.  23.     See  St.  1894,  349. 

Sect.  36.  The  requirement  of  whitewashing  is  stricken  out.  St.  1886, 
226. 

Sect.  40  et  seq.  Labor  in  prisons  and  employment  of  prisoners  are  reg- 
ulated. St.  1883,  217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891, 
209,  228,  371  ;   1894,  451,  460.      (See  1895,  146.) 

Sect.  46.  Provision  made  for  teaching  illiterate  prisoners.  St.  1895, 
259. 

Sect.  49.     Clerical  error  corrected.     St.  1882,  6  §  4. 

Sect.  50.  P^scapes  of  prisoners  employed  outside  are  punishable.  St. 
1882,  198.      (See  1885,  94.) 

Sect.  53  et  seq.  Invoice  books  of  supplies  must  be  kept.  St.  1890,  296. 
(See  1889,  294.) 

Sects.  54,  55.  The  purchase  of  tools,  materials,  machinery,  etc.,  and 
sale  of  manufactured  goods  provided  for  and  regulated.  St.  1887,  447  ; 
1888,  403  §  3  ;  1891,  228.      (See  1891,  371.) 

Funds  not  required  for  immediate  use  must  be  deposited.  St.  1890, 
215. 

Payment  of  funds  regulated.     St.  1893,  270. 

Sect.  60  et  seq.     See  St.  1882,  113. 

Sects.  66,  68.  Further  provisions  made  as  to  release  of  prisoners  on 
probation.  St.  1884,  152,  255  §§  33,  34.  (See  1894,440;  1895,  252, 
504.) 

Sect.  69  applies  to  St.  1891,  356. 

Chapter  221.  —  Of  the  State  Prison  and  the  Reformatory  Prison  for 

Women. 

A  general  superintendent  of  prisons  is  provided  for.  St.  1887,  447 
§  6. 

The  prison  at  Concord  is  made  a  reformatory  prison  for  men,  and  the 
State  prison  is  re-established  at  Boston.  St.  1884,  255,  331.  (See  1891, 
215,  372,  §   2;  1893,  441.     Res.  1890,  55.) 

Sentences  to  State  prison  regulated.     St.  1895,  504.      * 

Permits  to  be  at  liberty  authorized  and  regulated.  St.  1884,  255  §§  33, 
34  ;  1887,  435  §§  2,  3  ;  1894,  440  ;   1895,  252,  504. 

The  list  of  officers  of  the  State  prison  is  revised  and  compensation  fixed. 
St.  1889,  412  ;  1893,  455,  456  ;  1894,  370,  477.  (See  1882,  203  ;  1884, 
95;   1887,355;   1888,264;   1894,349.) 

And  of  the  officers  of  the  reformatory  prison  for  men.  St.  1890,  255  ; 
1893,  333.      (See  1888,  335  ;   1889,  408  ;   1890,  267  ;   1894,  349.) 

And  of  the  reformatory  prison  for  women.  St.  1883,  267 ;  1884,  43  ; 
1887,  341;   1888,  327. 

Sentences  to  the  men's  reformatory  are  regulated.  St.  1885,  365  ;  1886, 
323;  1888,  49;  1891,  427  §  5;  1892,  302,  303;  1893,  447.  (See  1884, 
255  §§  8-11,  33-35  ;   1885,  35,  320,  356  ;  1891,  200.) 

Sentences  of  prisoners  in  the  reformatory,  convicted  of  offences  pun- 
ishable by  imprisonment  in  the  State  prison  or  house  of  correction,  are 
regulated.     St.  1891,  200.      (See  1892,  302.) 


Chap.  221.]  PuBLIC    STATUTES.  831 

The  description  and  measurement  of  convicts  by  the  "  Bertillon"  system 
are  provided  for.     St.  1890,  316. 

Removals  and  transfers  of  prisoners  regulated.  St.  1882,  207,  241  ; 
1885,35,320;  1887,292,375;  1888,192;  1890,180,  278;  1891,  200; 
1894,  214,  249  ;  1895,  273.      (See  1884,  255  ;    1894,  273.) 

Labor  in  prisons  and  employment  of  prisoners  regulated.  St.  1883, 
217;  1885,  94;  1887,  447;  1888,  22,  189,  403;  1891,  209,  228,  371; 
1894,  451,  460. 

The  purchase  of  machinery,  tools  and  materials  and  sale  of  manufactured 
goods  are  regulated.     St.  1887,  447  §§  3,  4  ;  1888,  403  §  3  ;  1891,  228. 

Convicts  may  be  punished  for  wilful  or  wanton  destruction  of  property. 
St.  1891,  295;  1896,  344. 

The  illicit  conveyance  of  articles  to  or  from  the  men's  reformatory  is 
made  punishable.  St.  1887,339.  And  trespass  on  prison  lands  and  dis- 
turbance of  prisons  and  illicit  communication  with  prisoners.  St.  1885, 
303. 

Provision  for  removal  of  persons  and  property  unlawfully  on  prison 
premises.     St  1895,  141. 

Sects.  6,  7  repealed.     St.  1882,  203  §  4. 

Sect.  6  et  seq.  The  removal  of  subordinate  officers  is  regulated.  St. 
1887,355;  1890,267.  (See  1888,  264 ;  1889,412.)  Subordinates  must 
give  bond  and  be  sworn.  St.  1893,  426.  May  be  transferred  to  service 
as  watchmen.     St.  1894,  349. 

Sect.  8  amended.     St.  1887,  355. 

Sect.  23  to  govern  inspector  of  industries  when  sersing  as  warden.     St. 

1894,  477. 

Sect.  25  et  seq.  Provision  made  for  grading  and  classifying  prisoners 
in  the  State  prison.     St.  1892,  267.     (See  1891,  372.) 

Sect.  27  amended.     Words  "or  printing"  stricken  out.     St.  1888,  189. 
Sect.  30.     Schools  for  the  prisoners  provided  for.     St.  1886,  197.     (See 

1895,  259.) 

Sect.  43  et  seq.  Female  convicts  of  the  United  States  courts  are  to  be 
sent  to  the  reformatory  for  women.  St.  1887,  426;  1896,  304.  (See 
1894,  260;  1895,  218,  273.)  Additional  land  taken  for  reformatory.  St. 
1885,  287,  1889,  463  ;  1894,  407.      (See  1895,  141.) 

Prisoners  may  be  employed  on  land  or  in  building  appurtenant  to  re- 
formatory.    St.  1885,  94. 

Transfers  and  removals  of  female  prisoners  regulated.     St.  1888,  192  ; 

1896,  317.      (See  1894,  273  ;  1895,  273.) 

p]scapes  and  attempts  to  escape  are  made  punishable.  St.  1885,  94. 
(See  1882,  198.) 

A  burial  place  is  provided  for.     St.  1882,  213. 

A  sewerage  system  is  provided  for.     St.  1887,  403  ;  1892,  211. 

Sect.  44.      See  St.  1883,  267  ;  1884,  43. 

Sect.  52.  Further  provisions  made  as  to  permits.  St.  1884,  152  ;  1888, 
192,  317.      (See  1887,  435  §  2.) 

Sects.  54,  55.  Method  of  approval  of  bills  and  contracts  changed. 
St.  1888,  403  §  7  ;  1889,  294.  (See  1883,  267  ;  1884,  255  §§  28,  30  ;  1887, 
447;  1888,  22,  337.) 


832  Changes  in  the  Public  Statutes.     [Chap.  222. 


Chapter    222.  —  Special    Provisions    concerning    Penal    and    Other 

Public  Institutions. 

IMasters  of  jails  having  public  funds  must  deposit  all  uot  required  for 
immediate  use.     St.  1890,  215. 

Payment  of  funds  regulated.     St.  1893,  270. 

No  prisoner  in  any  State  institution  shall  be  employed  outside  in  me- 
chanical or  skilled  labor  for  private  parties.     St.  1891,  209. 

Prisoners  or  inmates  of  institutions  suffering  from  syphilis  shall  have 
medical  treatment  and  ma}'^  be  isolated.     St.  1891,  420. 

Surgical  treatment  and  medical  treatment  provided  for  in  certain  cases. 
St.  1882,  207  ;  1895,  195.  And  exercise  for  unemployed  prisoners.  St. 
1895,  146.  And  teaching  certain  illiterate  prisoners  to  read  and  write.  St. 
1895,  259. 

Convicts  may  be  punished  for  wilful  destruction  of  property.  St.  1891, 
295;  1896,  344. 

Sect.  3.     See  St.  1895,  195. 

Sect.  10.  Further  provisions  concerning  removal  of  insane  prisoners  in 
the  reformatory  for  men.     St.  1885,  320  ;  1895,  390. 

Sects.  10,  11,  25.     See  St.  1886,  101  §  4. 

Sects.  10,  12,  14.     See  St.  1886,  219  ;  1887,  367;   1895,  390. 

Sect.  17.  A  trial  justice  may  act,  if  there  is  no  police  or  district  court 
in  the  county.      St.  1882,  201.  " 

Sect.  20  does  not  apply  to  persons  sentenced  to  the  reformatory.  St. 
1886,  323  §  7.  Provision'for  special  deductions  at  State  farm.  St.  1894, 
258.      (See  1887,  264.) 

Sects.  20,  21.  Form  of  sentences  to  State  prison  modified.  St.  1895, 
504.  Releases  on  probation  are  further  regulated.  St.  1884,  152,  255 
§§  33,  34;   1887,  435  §  2;   1888,  317;   1894, ^"440  ;   1895,  252. 

Sect.  25.     See  St.  1891,  420  §  2. 


§  1. 


Glossary. 

The  relations  of  avoirdupois  and  troy  pounds  are  fixed.     St.  1894,  198 


Changes  in  the  Statutes.  833 


II. 
CHANGES   IN   THE   GENERAL   STATUTES 

PASSED    SINCE   THE   ENACTMENT   OF   THE 
"PUBLIC    STATUTES." 


[The  changes  are  more  fully  stated  in  Table  I.,  tinder  the  appropriate  chapter  of  the 

Public  Statutes.] 


Statutes  of  1882. 

Chap. 

28  Repealed,  1890,  423  §  228.  (See  1885,  108;  1893,  417  §  193.) 

P.  S.  7. 

29  Repealed,  1886,  66.  (See  1891,  24.)  P.  S.  5. 

36  Amended,  1888,  114.   (See  1894,  389,  422.)  P.  S.  52. 

41  §  2  superseded,  1887,  163  §  2.  P.  S.  154. 

43  Affected,  1885,  132.  P.  S.  154. 

49  Amended,  1894,  130.  See  1896,  162.  P.  S.  2,  77,  160. 

50  Repealed,  1894,  317.  P.  S.  116. 
63  Superseded,  1886,  307.  P.  S.  154. 
65  Repealed,  1885,  247.  P.  S.  91. 

74  Repealed,  1884,  299  §44.  (See  1890,  423  ;  1893,  417  §  176.)  P.  S.  7. 

76  Superseded,  1888,  363.   (See  1887,  228  ;  1889,  446.)  P.  S.  11. 

77  Repealed,  1894,  317.   (See  1883,  258  §  2  ;  1884,  72;  1886,  300; 

1887,  214  §  95.)  P.  S.  116. 
87  Superseded,  1886,  167.  P.  S.  154. 

94  Superseded,  1882,  225.   (See  1894,  469.)  P.  S.  112. 

95  See  1893,  396  §§  25-29.  P.  S.  154. 

97  Superseded,  1887,  411  §  23.   (See  1893,  367  §  23.)  P.  S.  14. 

102  Amended,  1884,  245.  P.  S.  91. 

103  Affected,  1883,  109  §  1.  P.  S.  19. 

106  Amended,  1883,  74.  Affected,  1884,  330  §  3  ;  1886,  230;  1891, 

341  ;  1894,  381,  541  ;  1895,  157,  311.  P.  S.  13,  105. 
108  §  1  amended,  1888,  313.  P.  S.  53. 

111  Repealed,  1886,  38.  P.  S.  16. 

112  Affected,  1894,  67.  P.  S.  16. 

125  Repealed,  18-91,  356.   (See  1891,  427  ;  1892,  242,  276,  303.)  P.  S. 

112. 
127  §  2  amended,  1886,  101  §  4.  P.  S.  89. 


S34:  Changes  in 

Statutes  of  1883 — Contimied. 
Chap. 

129     Superseded,  1893,  469.     (See  1886,  184;  1889,  251.)     P.  S.  158. 

135     Shall  not  apply  to  provisions  of  1890,  428.    See  1885,  194.    P.  S.112. 

139     Extended,  1883,  252;   1889,  197;   1896,  476.     P.  S.  18,  159. 

144     Superseded,  1893,  469.     P.  S.  158. 

146     Affected,  1886,  15.     P.  S.  154. 

148  Repealed,  1894,  317.  (See  1886,  252;  1889,  77,  321;  1892,  248.) 
P.  S.   116. 

150     Repealed,  1894,  508.     P.  S.  74. 

154  §  1  amended,  1890,  240.  §  7  extended,  1895,  450  §  4.  Affected, 
1884,  226;  1893,  300,  407,  416  §  11;  1896,  199.  (See  1887, 
411  §§  90,  108  ;  1893,  367  §§  90,  108.)     P.  S.  27,  28. 

157  Affected,  1888,  289.     P.  S.  17. 

158  Superseded,  1889,  440  §  10;   1891,  293.     P.  S.  4. 
163     Affected,  1886,  296  §  3.     P.  S.  35,  203. 

165  Amended,  1887,  125.     P.  S.  11. 

166  §  1  amended,  1884,  317.     ^See  1893,  201  ;  1895,  88.)     P.  S.  91. 
176     In  part  repealed,  1884,  197;  1887,  117;   1894,  470.     P.  S.  154. 

178  Superseded,  1887,  411  §  127.     (See  1893,  367  §  127.)     P.  S.  14. 

179  Superseded,  1887,  411  §  124.     (See  1893,  367  §   124.     Res.   1890, 

67.)     P.  S.  14. 

181  §  3  amended,  1886,  330  ;  1888,  248.     §§  1,  2,  3  amended,  1886, 101  §  4. 

Affected,  1883,  232  ;  1893,  217,  252  ;  1896,  382,     P.  S.  48,  86. 

182  Superseded,  1896,  380.     P.  S.  28. 

195  §  1  repealed,  1888,  449  §  21.      (See  1894,  367,  522.)     P.  S.  119. 

196  Repealed,  1888,  24.     P.  S.  5. 

199  Affected,  1886,  276  §  11.     P.  S.  92. 

200  Repealed,  1894,  317.     (See  1886,  77.)     P.  S.  116. 

203     Repealed,    1888,   264  §  3  ;  1889,   412.      (See   1884,95;   1887,355.) 

P.  S.  221. 
205     Repealed,  1888,  274  §  3.     (See  1892,  104,  328.)     P.  S.  152. 
208     Repealed,  1894,  481.     (See  1883,  173  ;  1892,  419  §  138.)    P.  S.  104. 
212     Affected,  1883,   105 ;    1887,  31  ;  1888,  256 ;   1894,   143,   144 ;  1895, 

57.      §  2  amended,  1888,  333.     §  6  affected,  1885,  327.     P.  S.  20. 

217  §  1  amended,  1888,  323.      (See  1889,  465.)     P.  S.  11. 

218  Affected,  1890,  127.     P.  S.  11. 

219  Affected,  1884,  122.     P.  S.  45. 

220  Limited,  1894,  129.     P.  S.  100. 

223  Amended,  1893,  194,  280.     P.  S.   146. 

224  Repealed,  1890,  168.      (See  1883,  202.)     P.  S.   116 

225  Extended,  1894,  469.     P.  S.  112. 

226  §  2  affected,  1892,  290.     P.  S.  219. 

227  §  3  amended,  1883,  75;   1889,  122.     P.  S.  154. 

231  Repealed,  1887,423.      (See   1885,   124;  1888,   90  §  2  ;  1890,  369.) 

'p.  S.   116. 

232  §  1  amended,  1886,  37  §  2  ;   1890,  294.     P.  S.  159. 

233  Amended,  1886,  165.     §  2  affected,   1889,  312.     §  6  in  part  super- 

seded, 1889,  19;   189^,  93;  1893,  479.     P.  S.   154. 


THE  Statutes.  835 

Statutes  of  1883  —  Concluded. 

Chap. 

237  Extended,  1885,  283.  Amended,  1890,  427  §  1.  Affected,  1893, 

340.   (See  1889,  442.)  P.  S.  176. 
239  Superseded,  1894,  412.  P.  S.  153. 

241  See  1885,  35  ;  1887,  292,  375  ;  1888,  192  ;  1895,  273  ;  1896,  317,  521, 

536.  P.  S.  219. 

242  Affected,  1885,  90.     P.  S.  100. 

243  Repealed,  1888,  390  §  95.     P.  S.  12. 

244  Affected,  1886,  125.     Extended,  1890,  181.     P.  S.  112,  115. 

245  §   1  superseded  in  part.     1886,  15,  37,  130,  166;    1887,  180;    1888, 

195;   1889,  97,  158,  174,  218,  277,  289;    1892,   100;    1893,   479. 
§  2  superseded,  1887,  160;  1892,  233.     P.  S.  154,  159. 

246  Affected,  1885,  345  §  6.     P.  S.  40. 

247  Repealed,  1884,  298  §  53.      (See  1890,  423  ;  1893,  417.)     P.  S.  6. 

249  Superseded,  1895,  234  §  5.     P.  S.  187. 

250  Repealed,  1885,  122.      (See  1894,  399.)     P.  S.  102. 

251  Affected,  1883,  98  ;  1896,  277,  285,  286,  327,  361.     Amended,  1885, 

121.     In  part  repealed,  1887,  216.     (See  1895,  172.)     P.  S.  117. 

252  Repealed,  1892,  419  §  138.     P.  S.  11,  104. 

253  Superseded,  1891,  396.     P.  S.  9. 
255     See  1896,  190.     P.  S.  49. 

257  §   1   superseded,   1894,  394.     §§   2,  3  superseded,  1895,  193.      (See 

1884,  334;   1887,  116.)     §  4  affected,  1895,  11.     P.  S.  2. 

258  See  1894,  180.     P.  S.  102. 

259  See  1894,  388  ;   1896,  169.     P.  S.  100. 

260  Repealed,  1890,  423  §  228.     (See  1893,  417.)     P.  S.  7. 

263  Amended,  1883,  263  §   1 ;    1884,  289;    1886,   171.     Affected,   1885, 

352  §  5;    1886,317,318;   1891,319;    1896,397.     §  5  amended, 
1886,  101  §  4.     P.  S.  208. 

264  Affected,  1888,  257;  1889,  443.     P.  S.  168. 

265  §  3  affected,  1884,  279.     P.  S.  112. 

266  Repealed,   1894,    481.      (See   1887,   218,    276;    1888,   426)     P.  S. 

104. 
268     Repealed,    1884,   298   §    53.     (See    1890,   423    §    228;    1893,   417.) 

P.  S.  6. 
270     §   3   amended,  1886,  101   §  4.     In   part  repealed,   1892,  318  §  16. 

§    4    amended,    1884,   210;    1885,    176;    1893,    262.      (See   1889, 

309,  416;   1891,  194.)     P.  S.  48. 
272     Affected,  1884,  76.     P.  S.  102. 
274     §  2  repealed,  1883,  183  §  3.     P.  S.  94. 

Statutes  of  1883. 

31     Affected,  1895,  88.     P.  S.  91. 

33     Repealed,  1887,  214  §  112.      (See  1891,  368;  1892,  47;   1894,  522.) 

P.  S.  119. 
36     Repealed,  1886,  276  §  11.     P.  S.  92. 
41     §  1  affected,  1887,  86  §  2.     P.  S.  11. 


836  Changes  in 

Statutes  of  1883  —  CoiUimied. 

Chap. 

42  Repealed,  1890,423  §  228.      (See  1884,  299   §§   29-32;    1886,  262; 

1888,  164;   1893,  417  §  209.)     P.  S.  7. 

48  Superseded,  1887,  26.     P.  S.  15. 

52  Repealed,  1894,  317.      (See  1883,  248:   1886,  77.)     P.  S.  116. 

53  Superseded,  1888,  235.     P.  S.  154. 

54  Superseded,  1886,  37;   1890,  294.     P.  S.  159. 

55  Superseded,  1891,  292.      (See  1885,  369  §  3  ;   1888,  85  ;  1889,  440.) 

P.  S.  4. 

57  Superseded,  1885,  155  §  5,     P.  S.  155. 

61  Affected,  1888,  180.     P.  S.  26. 

62  Affected,  1886,  281  ;  1888,  346.     P.  S.  183. 
65  See  1890,  440  §  9  ;  1896,  225.     P.  S.  103. 

71  Superseded,  1892,  96.      (See  1886,  73  ;  1889,  103.)     P.  S.  11. 

76  Affected,  1884,  199;    1886,  163;  1889,  292;  1890,  336.     P.  S.  91. 

78  Affected,  1885,  339  §  3  ;   1886,  319  §  2.     P.  S.  87. 

80  §  2  superseded,  1886,  106  §  2.     P.  S.  154. 

91  Affected,  1887,  86  ;  1890,  242.      (See  1891,  65.)     P.  S.  11. 

93  Superseded,  1890,  242.      (See  1887,  86.)     P.  S.  11. 

97  §  3  superseded,  1894,  336.      (See  1885,  180;   1888,  233  ;  1891,  107.) 

P.  S.  154. 

98  Affected,  1885,  121  ;   1887,  216.     P.  S.  117. 
101  Repealed,  1888,  390  §  95.     P.  S.  12. 

105  Affected,  1887,  31;   1888,  333;   1894,  143,  144;   1895,57.     P.  S.  20. 

107  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

109  Aft"ected,  1895,  106.     P.  S.  19. 

110  Ameuded,  1886,  101  §  4.     P.  S.  89. 
113  Aft'ected,  1883,  1.54.     P.  S.  1. 

117  Amended,  1888,  240.     Extended,  1891,  129.     P.  S.  112. 

118  Affected,  1889,  457.     P.  S.  68. 

120  Superseded,  1887,  448  §  2.      (See  1892,  388.)     P.  S.  99. 

124  §  1  superseded,  1888,  306  §  2.     §  2  amended,  1887,  335.     P.  S.  32. 

126  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

133  Superseded,  1889,  193.     P.  S.  80. 

134  Repealed,  1894,  317.     P.  S.  116. 

138  Amended,  1886,  101  §  4;    1893,  302.      (See  1884,  98.)      P.  S.  80. 

142  Aft'ected,  1889,  299.      (See  1890,  264  §  3.)     P.  S.  82. 

145  Affected,  1884,  237  ;   1886,  210.     P.  S.  50. 

148  §§  2,  3  amended,  1889,  90.     P.  S.  87. 

156  Extended,  1887,  147 ;   1888,  436  §  28.     P.  S.  203. 

157  Limited,  1884,  275  §  4.     Affected,   1887,  280;    1892,  357.     P.   S. 

48,  74. 

158  Amended.  1889,  288.     P.  S.  32. 

104  Repealed,  1886,  38.      (See  1886,  334.)     P.  S.  16. 

168  Affected,  1892.  331.     P.  S.  68. 

173  Repealed,  1892,  419  §  1.38;   1894,  481.     P.  S.  104. 

174  Affected,  1886,  236;   1887,  433  §  4.      (See  1893,  208;   1894,  498.) 

P.  S.  44. 


THE  Statutes.  837 

Statutes  of  1883 — Concluded. 

Chap. 

175  Affected,  1890,  202.  P.  S.  155. 

187  Affected,  1884,  169.  (See  1893,  419.)     P.  S.  102. 

202  Repealed,  1890,  168.     P.  S.  116. 

203  Repealed,  1893,  417.      (See  1886,  150.)     P.  S.  27. 

216  Amended,  1886,  51  ;    1887,  289.      (See  1888,  282.)     P.  S.  159. 

217  Affected,  1887,  447  §  8 ;   1888,  189,  403  §  2  ;  1891,  371.      (See  1894, 

451.)      P.  S.  219,  220,  221. 

218  Superseded,  1894,  429.   (See  1884,  70.)  P.  S.  60. 
221  Extended,  1889,  398,  434;  1895,  350.  P.  S.  27,  109. 

223  Affected,  1885,  384.   §  5  amended,  1884,  316;  1892,  440.   §  7 

amended,  1893,  61.   §  16  extended,  1895,  116.  §  17  affected, 
1887,  383.  P.  S.  151,  152,  167. 

224  Repealed,  1888,  348  §  12.   (See  1885,  222;  1892,  352.)  P.  S.  48. 

225  See  1888,  414;  1890,  465;  1894,  198.  P.  S.  65. 

229  Repealed,  1890,  423  §  228.   (See  1885,  261  ;  1891,  32  ;  LSS)3,  417.) 

P.  S.  7. 

230  Repealed,  1887,  94.  P.  S.  58. 

232  Affected,  1893,  217,  252;  1894,  481.  §  3  amended,  1886,  101  §  4. 

(See  1886,  330  §  2  ;  1888,  248  ;  1896,  382.)  P.  S.  84,  90. 
235  Repealed,  1887,  214  §  112.   (See  1894,  522.)  P.  S.  119. 
239  In  part  repealed,  1886,  298.  P.  S.  87. 

243  Affected,  1887,  270;  1888,  155;  1892,  260;  1893,  359;  1894,  499; 

1895,  362  §  7.   (See  1896,  302.)  P.  S.  74,  112. 

244  Superseded,  1893,  469.      (See  1888,  112.     P.  S.  158.) 

245  Repealed,  1894,  498.     P.  S.  47. 
248     Repealed,  1894,  317.     P.  S.  116. 

251  Repealed  so  far  as  it  relates  to  Boston,  1892,  419  §  138.     Affected, 

1884,  223;    1888,  86;    1894,  481.     §   2  repealed,  1888,  426  §   14. 
(See  1894,  414.)     P.  S.  104. 

252  p:xtended,  1889,  197;   1896,  476.     P.  S.  18. 

257  Affected,  1884,  307  ;   1885,  150.     P.  S.  60. 

258  In  part  repealed,   1894,   317.      (See   1886,  300;     1887,   214  §   112; 

1894,  522.)     P.  S.  116,  119. 
260     Affected,  1887,  98.     P.  S.  97. 

262  Not  repealed  by  1885,  302.     P.  S.  82. 

263  Superseded,  1884,  289  §  6.      (See  1891,  319.)     P.  S.  208. 

267  Affected,  1887,  447;  1888,  403;  1889,  294.     P.  S.  221. 

268  See  1893,  355.     P.  S.  209. 

Statutes  of  1884. 

4  Superseded,  1888,  115.     P.  S.  31. 

8  Superseded,  1891,  411.     P.  S.  15. 

14  Affected,  1895,  284.     §  2  amended,  1887,  128.     P.  S.  5. 

15  §  1  repealed,  1889,  101.      (See  1890,  239.)     P.  S.  15. 
22  §  1  repealed,  1891,  177.     P.  S.  43. 

34     Repealed,  1889,  301  §  10.      (See  1890,  447.)     P.  S.  30. 


838  Changes  in 

Statutes  of  1884  —  Conthmed. 

Chap. 

38  Superseded,  1891,  429.     (See  1887,  221.)     P.  S.  15. 

42  Affected,  1886,  76.      (See  1896,  291.)     P.  S.  27. 

45  Superseded,  1887,  411  §  128.      (See  1893,  367  §  128.)     P.  S.  14. 

52  Repealed,  1894,  481.      (See  1888,  426.)     P.  S.  104. 

55  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

56  Repealed,  1884,  168.      (See  1886,  69.)     P.  S.  116. 

58     Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

64  Amended,  1885,  198.     P.  S.  47. 

65  Superseded,  1887,  318.     P.  S.  154. 

69  Repealed,  1894,  320.     P.  S.  44. 

70  Superseded,  1894,  429.     P.  S.  60. 
72     Repealed,  1894,  317.     P.  S.  116. 

74  Repealed,  1887,  214  §  112.     P.  S    119. 

78  Affected,  1887,  404;  1891,  265.     P.  S.  39. 

79  Superseded,  1888,  385.     P.  S.  15. 
88  Repealed,  1886,  298.     P.  S.  87. 

95     §  1  repealed,  1889,  412  §  2.      (See  1888,  264.)     P.  S.  221. 
98     §  1  revised,  1890,  102,     §  2  added  to,  1891,  188.      (See  1893.  302.) 
P.  S.  80. 
103     Affected,  1885,  161.     P.  S.  44. 

118  Repealed,  1887,  217.     P.  S.  156. 

119  Repealed,    1887,   214    §   112.     (See  1891,  233;   1894,  522.)     P.  S. 

119. 

120  Repealed,  1887,  214  §  112.      (See  1891,  368;   1892,  47;  1894,  522.) 

P.  S.  119. 
125     Repealed,  1888,  437  §  6.      (See  1893,  417  §§  96-99.)     P.  S.  28. 
129     Amended,  1896,  269.    Affected,  1891,  321  ;  1892,  245  §  7.    P.  S.  29. 
131     Affected,  1884,  291.     P.  S.  130. 
134     Affected,  1895,  356.     P.  S.  112. 

140     In  part  superseded,  1894,  66.      (See  1887,  156.)     P.  S.  156. 
150     Repealed,  1894,  317.     P.  S.  116. 
152     Aff'ected,    1884,    255  §§   33,   34;   1886,   323  ;  1888,  317.     P.  S.  220, 

221. 

154  §  1  amended,  1896,  252.  See  1884,  172;  1888,  160,  375;  1890,441. 

P.  S.  80. 

155  Superseded,  1890,  309.  P.  S.  48. 
162  Repealed,  1888,  390  §  95.  P.  S.  12. 

166  Repealed,  1885,  369  §  4.  (See  1889,  440.)  P.  S.  4. 

168  Repealed,  1894,  317.  (See  1886,  69.)  P.  S.  116. 

171  Amended,  1890,  193;  1891,  138.   (See  1888,  276;  1895,  277.) 

P.  S.  91. 

174  Extended,  1886,  328.  P.  S.  203. 

177  Repealed,  1887,  214  §  112.   (See  1894,  522.)  P.  S.  119. 

178  Repealed,  1887,  214  §  112.   (See  1894,  522.)  P.  S.  119. 

179  Affected,  1888,  322  ;  1892,  68  ;  1893,  124  ;  1894,  245,  314  ;  1895,  10  ; 

450  §  19  :  488  §  18.  §§  3,  4  amended,  1890,  58  ;  §  4  partially  re- 
pealed, 1891,  54.  P.  S.  16. 


THE  Statutes.  839 

Statutes    of  1884  —  Continued. 
Chap. 

180  Revised,  1887,  214  §§62-64.    Extended,  1889,  378.    (See  1894,  522.) 

P.  S.  106. 

181  Repealed,  1894,224.     (See  1885,   156;   1886,   174;   1888,437  §   6; 

1894,  332;   1896,  8.)     P.  S.  31. 

185  Affected,  1886,  259  §  2..    P.  S.  102. 

188  Superseded,  1893,  396  §  56.     P.  S.  154. 

190  Repealed,  1885,  186.     P.  S.  103. 

191  Affected,  1884,  286;   1887,  406,   1888,  297.     P.  S.  ItJO. 

192  Superseded,  1893,  469.     P.  S.  158. 

193  Amended,  1889,  432.     P.  S.  214. 

197     §  1  superseded,  1887,  117;   1894,  470.     P.  S.  154. 

199     Affected,  1886,  163  ;  1889,  292  ;  1890,  336.     P.  S.  91. 

204     Superseded,  1891,  190.     P.  S.  154. 

210     Superseded,  1885,  176.      (See  1893,  262.)     P.  S.  207. 

212  Aft"ect3d,  1885,  256;  1890,293;  1891,122.  Amended  1887,  314. 
P.  S.  91. 

215  §  3  amended,  1888,  212.  §  4  amended,  1885,  286.  In  part  super- 
seded, 1893,  479.     P.  S.  154. 

217     Repealed,  1887,  214,  §  112.     (See  1894,  522.)     P.  S.  119. 

222  Affected,  1895,  362.      (See  1886,  242;  1894,  59)     P.  S.  112. 

223  §  2  amended,  1888,  86.     Repealed  so  far  as  relates  to  Boston,  1892, 

419  §  138.      (See  1894,  481.)     P.  S.  104. 
226     Affected,  1887,  124.     P.  S.  51. 

230  Superseded,  1893,  367.      (See  1887,  411.)     P.  S.  14. 

231  Affected,  1886,  333  ;  1887,  227.     P.  S.  154. 

232  Affected,    1885,   378  ;    1887,   250,  252  ;    1892,  195,  432  ;   1893,  306  ; 

1894,  491  ;  1895,  496.     P.  S.  58,  90. 

234  §  3  amended,  1886,  101  §  4.     P.  S.  87. 

235  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.S.I  19. 

236  Amended,     1885,    353 ;     1889,    406.      Affected,     1888,    405.      §  9 

amended,  1890,  387.      (See  1889,  417  ;  1895,  394.)     P.  S.  157. 

237  Affected,  1886,  210.      (See  1896,  158.)     P.  S.  51. 

242  Repealed,  1888,  390  §  95.     (See  1886,  320.)     P.  S.  12. 

247  Repealed,  1885,  141.     (See  1889,  197.)     P.  S.  155,  169. 

248  Superseded,  1893,  469.     P.  S.  158. 

249  Affected,  1893,  191.     P.  S.  148. 

253     Repealed,  1894,  317.      (See  1889,  91.)     P.  S.  116. 

255  Added  to,  1884,  331  ;  1885,  35.  Affected,  1885,  356,  365  ;  1886, 
323  ;  1887,  435,  447;  1888,  49,  317;  1890,  316;  1891,  200; 
1894,  440.  §  2  amended,  1886.  101  §  4.  §  11  affected,  1884, 
323  §  4.  §  14  repealed,  1894,  249.  §§  19,  22  repealed,  1888, 
335  §  3.  §§  28,  30  amended,  1888,  403  §  7.  §  30  in  part  re- 
pealed, 1888,  337  §  2.  §  35  amended,  1887,395;  1888,317. 
P.  S.  221. 

258     §  2  amended,  1886,  101  §  4.     P.  S.  86. 

264     Amended,  1892,  196.     P.  S.  91. 

268     See  1894,  384.     P.  S.  164. 


840  Changes  in 

Statutes  of  1884  —  Concluded. 
Chap. 

269     §  2  amended,  1892,  206.     P.  S.  69. 
275     Repealed,  1894,  508.      (See   1887,   215,   280   §    1,   330;    1888,348; 

1890,  183  ;  1892,  83,  352,  357.)     P.  S.  48,  74. 
280     See  1896,  158.     P.  S.  51. 

282     Repealed,  1887,  111.     P.  S.  92. 

284     Affected,  1885,  220  §  1 ;  1886,  299  ;  1895,  282.     P.  S.  91. 

289     §§  1,  2  amended,  1886,  101  §  4.     §  1  repealed,  1891,  319.     Affected, 

1886,  117  ;  1896,  397.     P.  S.  58,  80. 

296  Repealed,  1887,  214  §  112.  (See  1894,  522  §  61.)  P.  S.  119. 

297  §  3  amended,  1891,  299.  §  4  amended,  1886,  101  §  4.   (See 

1887,  292  ;  1890,  180,  278  ;  1894,  214.)  P.  S.  88. 

298  Repealed,  1890,  423  §  228.   (See  1885,  271  §  6  ;  1886,  68  §  2,  264 

§§4,5;  1887,432;  1888,200,206;  1889,404,467;  1890,305; 

1891,  277  ;  1892,  351  ;  1893,  417.)  P.  S.  6. 

299  Repealed,  1890,  423  §  228.   (See  1885,  142,  351  ;  1887,  443  ;  1888, 

164,  353,  436,  437;  1891,  264;  1892,  351;  1893,  417.)  P.  S.  7. 
301  Superseded,  1885,  255.  (See  1887,  290.)  P.  S.  124,  147. 
304  Affected,  1889,  459,  §  1  amended,  1890,  154.   (See  1890,  451.) 

P.  S.  167. 

306  Affected,  1887,  382  §  3,  385  §  4.     P.  S.  109. 

307  §  2  amended,  1885,  150.     P.  S.  60. 

308  Affected,  1890,  403.     P.  S.  92. 

310     §    1   superseded,    1886,    317.     P.  S.  56.     §§  3,  4  superseded,    1886, 

318.      (See  1885,  352  ;  1891,  58,  412.)     P.  S.  57. 
313     Does  not  applv  to  1894,  326.     §  2  amended,  1892,  411.     P.  S.  192. 

316  Amended,  189*^2,  440.     Affected,  1885,  384  §  1.     (See  1887,  383  §  4.) 

P.  S.  152. 

317  See  1893,  201.     P.  S.  91. 

318  §  3  not  affected  by  1886,  234.     P.  S.  91. 

319  Repealed,  1894,  359.      (See  1886,  352;  1892,  59.)     P.  S.  2. 

320  Affected,  1887,  345,  364;   1889,  177;  1891,   140;  1893,  253;  1895, 

376  ;  1896,  494,  517.  p:xtended,  1889,  352;  1894,  267.  Limited, 
1896,  246,  449.  Added  to,  1891,  140.  §  4  amended,  1888,  334. 
§14,cl.  6,  amended,  1896,  517  §8.  (See  1895,  501.)  §  15  amended, 
1893,  95;   1896,  502.     §  17  amended,  1889,   183.     §  19  amended, 

1888,  253.  §  20  amended,  1889,  177,  351.  (See  1887,  437; 
1888,  41  ;  1889,  473  ;  1894,  519.)  Not  affected  by  1885,  323. 
P.  S.  21,  74. 

322  §§  7,  9  amended,  1886,  101,  §  4.     P.  S.  87. 

323  Affected,  1885,  86,  151  ;  1895,  428.     P.  S.  89. 

328  Repealed,  1892,  101.     P.  S.  15. 

329  Affected,  1888,  1.     P.  S.  2. 

330  Affected,  1886,230;  1891,341;  1894,  381,541.     Extended,   1895, 

311;  1896,  391.  §§  1,  2  extended,  1889,  393,  §  3  amended, 
1895,  157.      (See  1888,  321  ;   1890,  321  ;   1895,  387.)     P.  S.   105. 

333  Superseded,  1887.  128.     P.  S.  5. 

334  Superseded,  1894,  394.     P.  S.  2. 


THE  Statutes.  841 

Statutes  of  1885. 

Chap. 

5  Repealed,  1890,  423  §  228.      (See  1885,  351  ;  1893,  417.)     P.  S.  7. 

15  Repealed,  1886,  38.      (See  1891,  233.)     P.  S.  16. 

24  §  1  revised,  1890,  302.      (See  1885,  371  ;   1896,  381.)     P.  S.  2. 

32  Affected,  1890,  257.     P.  S.  21. 

40  Affected,  1892,  268.     P.  S.  26. 

42  Affected,  1889,143,  170;   1892,  268.     P.  S.  154. 

45  Superseded,  1893,  396  §  17.     P.  S.  154,  161. 

52  Repealed,  1888,  328.      (See  1895,  431.)     P.  S.  219. 

59  Affected,  1888,  405.     Amended,  1892,  209.     P.  S.  157. 

60  Extended,  1891,  218.     P.  S.  27,  28. 
67  Affected,  1885,  161.     P.  S.  44. 

71  Repealed,  1894,  498.     P.  S.  47. 

73  Extended,  1895,  194.     P.  S.  207. 

77  Superseded,  1891,  411.     P.  S.  15. 

79  Affected,  1886,  124.     P.  S.  154. 

83  Affected,  1885,  323  §  2.     P.  S.  100,  102. 

.87  Superseded,  1891,  410.     P.  S.  15. 

92  Repealed,  1894,  317.     P.  S.  116. 

98  Affected,  1885,  122;   1894,  399.     P.  S.  59,  102. 

106  Superseded,    1890,    242;     1891,    65.      (See   1886,    56;     1887,    86.^ 

P.  S.   11. 

107  Repealed,  1890,  423  §  228.   (See  1886,  262;  1893,  417.)  P.  S.  S. 

108  Repealed,  1890,  423  §  228.   (See  1893,  417  §  193.)  P.  S.  7. 

Ill  Repealed,  1894,  317.   (See  1886,  69  ;  1887,  196  ;  1888,  213  ;  1890, 
168.)  P.  S.  116. 

121  Affected,  1887,  216;  1895,  172.   (See  1896,  277,  285,  286,  327, 

361.)  P.  S.  117. 

122  Affected,  1894,  399.     P.  S.  102. 

123  Affected,  1890,  196;   1891,  149;   1892,  147;   1896,  190.     (See  1893, 

78,  403.)     P.  S.  54. 

124  Repealed,  1894,  317.      (See  1888,  90  §  2  ;   1890,  369.)     P.  S.  116. 

131  Affected,   1887,   256;    1888,   389,  426   §    13;    1891,   302,  357    §    6. 

P.  S.   103. 

132  See  1893,  396  §  63.     P.  S.  154. 

134  In  part  repealed,  1886,  218.     P.  S.  152. 

137  Superseded,  1893,  479.     P.  S.  154. 

141  Affected,  1889,  197.     P.  S.  169. 

142  Repealed,  1890,  423  §  228.      (See  1888,  436;    1893,  417.)     P.  S.  7. 
144  Repealed,  1886,  53.     P.  S.  213. 

147  Superseded,  1893,  367  §  96.      (See  1887,  411.)     P.  S.  14. 

148  Repealed,  1887,  252,  §  24.      (See  1892,  195  ;   1893,  306  ;  1894,  491  ; 

1895,  496.)     P.  S.  90. 

155  Affected,  1887,  322.     §  3  in  part  superseded,  1895,  500.     P.  S.  154. 

156  Repealed,  1888,  437  §  6.     P.  S.  28. 

157  See  1893,  300  §  6,  331.     P.  S    27. 

158  Repealed,  1895,  310.      (See  1892,  318.)     P.  S.  80. 

159  Superseded,  1893,  417.     P.  S.  7. 


842  Changes  in" 

Statutes    of  1885  —  Continued. 
Chap. 

165     Superseded,  1893,  469.     (See  1889,  211.)     P.  S.  158. 
168     Superseded,  1889,  250.     P.  S.  17. 

173     Repealed,  1889,  301  §  10.      (See  1886,  39  ;   1890,  447.)     P.  S.  30. 
176     Amended,  1893,  262.     P.  S.  207. 
178     Superseded,  1887,  281.     P.  S.  29. 

180     Superseded,  1894,  336.     (See  1888,  233;   1891,  107.)     P.  S.  154. 
183     Superseded,   1890,  421.      (See  1892,435;    1894,367,522.)     P.  S. 

119. 
191     Repealed,  1896,  412.     P.  S.  152. 

193  Repealed,  1887,  120.     P.  S.  91. 

194  §  4  ameuded,  1887,  295.     Shall  not  apply  to  provisions  of  1890,  428. 

(See  1891,  33,  123,  262;  1892,  312;    1893,  283,  424;   1894,  545.) 
P.  S.  112. 

195  §   1  superseded,  1889,  70.     §   2  superseded,  1891,  375.     (See  1887, 

30.)      P.  S.  16. 
198     Repealed,  1894,  498.     P.  S.  47. 

203  Repealed,  1893,  469.     P.  S.  158. 

204  Repealed,  1889,  301  §  10.      (See  1886,  39,  110;   1887,   122.)     P.  S. 

30. 

205  Amount  increased,  1892,  230 ;    1893,431;    1895,364.      (See   1888, 

280;  1889,  418.)     P.  S.  158. 

210  §  2  repealed,  1894,  317.  P.  S.  116. 

211  Amended,  1891,  153.  (See  1887,  440.)  P.  S.  86. 
214  Repealed,  1889,  279  §  11.  (See  1892,  291.)  P.  S.  30. 

216  Affected,  1888,  254,  262;  1889,  347.  Limited,  1889,  186.  Ex- 
tended, 1889,  361  ;  1896,  162  §  2,  308.  P.  S.  100. 

220  §  3  repealed,  1888,  223  §  5  ;  1892,  188  §  6.  §  4  repealed,  1887,  96. 
(See  1888,  238,  1896,  268.)  P.  S.  91. 

222  Repealed,  1888,  348  §  12.  (See  1889,  291;  1890,  183,  299;  1892, 
83,  352,  357.)  P.  S.  48. 

227  Repealed,  1894,  176.  P.  S.  41. 

229  Repealed,  1890,  423  §  228.   (See  1893,  417.)  P.  S.  7. 

236  Superseded,  1887,  411.  (See  1890,  425;  1891,232;  1893,  367.) 
P.  S.  14. 

238  Amended,  1886,  270.  P.  S.  13. 

240  Rights  under,  not  affected  by  1891,  189.   P.  S.  106. 

241  Repealed,  1887,  214  §  112.  (See  1893,117;  1894,522.)  P.  S. 

119. 

242  Repealed,  1889,  192.  P.  S.  130. 

246  Repealed,  1890,  423  §  228.   (See  1892,  351  ;  1893,  417.)  P.  S.  7. 

248  Repealed,  1890,  423  §  228.   (See  1888,  436,  §§  10,  26,  29;  1893, 

417.)  P.  S.  7. 

252  Repealed,  1890,  416  §  7.   (See  1888,  388;  1892,  428.)  P.  S.  102. 

255  Affected,  1887,  290.  P.  S.  147. 

260  Amended,  1890,  265.  P.  S.  130. 

261  Repealed,  1890,  423  §  228.   (See  1891,  32.)  P.  S.  27. 

262  Repealed,  1890,  423  §  228.   (See  1892,  224  §  4.)  P.  S.  7. 


THE  Statutes.  84:3 

Statutes  of  1885  —  Continued. 
Chap. 

2^b     §   2  amended,    1886,  101   §   4.      (See  1885,379;    1887,310;    1888, 

306  §  2.)     P.  S.  82. 
266     Extended,  1889,  245  ;  1895,  449.      (See  1896,  521.)     P.  S.  220. 
268     Repealed,  1890,  423  §  228.      (See  1891,  264;    1893,  417.)     P.  S.  7. 
271     Repealed,  1890,  423  §  228.      (See   1886,  68,  264;    1892,  351  ;    1893, 

417.)     P.  S.  6. 
275     Superseded,  1893,  469.     P.  S.  158. 

277     Superseded,  1889,  303  ;  1891,  80  ;  1892,  354,  399.     P.  S.  22. 
283     Amended,  1890,  427  §  1.      (See  1889,  442:   1893,  340.)     P.  S.  176. 
287     Affected,  1889,  463.     P.  S.  221. 

291  Amended,  1887,  74  ;  1892,  133  ;  1893,  452  ;  1894,  68,  330.     Affected, 

1887, 24  ;  1889,  324  ;  1893, 404.      (See  1895, 153  §  2.)     P.  S.  159. 

292  Limited,  1887,  307.     P.  S.  102. 

293  Affected,  1888,  346  §  1.      (See  1887,  286  ;  1894,  104  )     P.  S.  178. 

299  Affected,  1896,  158.     P.  S.  51. 

300  Repealed,  1887,  214  §  112.      (See  1894  522.)     P.  S.  119. 

302  Extended,  1892,  165.     P.  S.  80,  82. 

303  See  1887,  339.     P.  S.  203,  221. 

304  Amount  increased,  1890,  192.     P.  S.  158. 

305  See  1890,  70;   1894,  433.     P.  S.  207. 

307  Superseded,  1894,  218,  473  ;  1895,  398.     P.  S.  80. 

308  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

309  Extended,  1887,  445.     P.  S.  102. 

312  Affected,  1891,  221  ;   1893,  225  §  3,  247,  445.     §  4  amended,  1889, 

372;  1893,23.      (See  1887,  226.)     P.  S.  29. 

313  Repealed,  1896,  397.   (See  1887,  267,  431  ;  1888,  209  ;  1893,  227, 

472;  1894,  435.)  P.  S.  80. 

314  Affected,  1886,  346;   1887,  385;   1888,  350;  428;   1891,  370;   1892, 

259,  263  ;  1894,  327,  503  ;  1896,  356.  §  1  amended,  1889,  373. 
§  5  extended,  1895,  463.  (See  1891,  351.)  §§  6,  7,  9,  12,  13, 
14  extended,  1887,  382;  1896,  426.  §  7  amended,  1886.  346  §  2. 
P.  S.  61. 

315  Affected,  1895,  106.     P.  S.  19. 

316  §  1  repealed,  1895,  461.      (See  1893,  436.)     P.  S.  207. 
318     Superseded,  1893,  469.     P.  S.  158. 

320  Affected,  1895,  390.     §  2  amended,  1886,  101  §  4.     P.  S.  222. 

321  Repealed,  1886,  13.     P.  S.  161. 

322  Superseded,  1893,  396  §  34.      (See  1887,  293.)     P.  S.  154. 

323  Affected,  1889,  419  ;  1894,  266.     P.  S.  28. 

326  Repealed,  1888,  426  §  14.      (See  1892,  419  ;  1894,  481.)     P.  S.  104. 

327  Affected,   1887,  31,    212;   1888,   333;  1889,   111.      (See   1894,   143 

§  4.)     P.  S.  20. 
332     Not  modified  by  1894,  320.     P.  S.  44. 
334     Affected,  1891,  129,  204.      (See  1890,  173.)     P   S.  112. 
339     Affected,  1885,  385;  1886,  319;   1887,  346;   1889,  414;   1890,  414; 

1891,  1.58;   1892,  53,  229;   1894,  195.     P.  S.  87. 
341     Repealed,  1887,  98  §  16.     P.  S.  97. 


844  Changes  in 

Statutes  of  1885  —  Concluded. 
Chap. 

342     Affected,  1887,  448;  1890,  284;   1892,  388;   1894,  410;   1895,  419. 
P.  S.  99,  212. 

344  Affected,  1891,  266;   1893,  301.     P.  S.  19. 

345  Amended,  1886,  45,  203;   1891,  419.     §  5  amended.  1887,  36.     §   7 

repealed,  1887,  329.     (See  1888,  257  §  4  ;   1891,   180  ;  1892    348  ; 
1893,  376,  417.)     P.  S.  160. 
348     Repealed,  1894,  317.     P.  S.  116. 

351  Repealed,  1890,  423  §  228;   1893,  417.     P.  S.  7. 

352  Amended,  1886,  317,  318  ;   1896,  398.      (See  1891,  58,  412.)     P.  S. 

55,  57. 

353  Affected,   1888,  405  ;   1889,   406  ;  1890,  387.     §   4  repealed,    1895, 

394.     P.  S.  157. 

354  Repealed,  1887,  214  §  112.      (See  1894,  522.)     P.  S.  119. 

355  §§  1,  2,  superseded,  1893,  423  §  10.     P.  S.  27. 
358     8ee  1893,  419.     P.  S.  102. 

365     Affected,  1886,  323  ;   1888,  49  ;   1892,  302,  303.     P.  S.  207. 
369     Repealed,  1889,440  §   14.     (See  1888,   191;   1890,  97,   126;   1891, 
292.)     P.  S.  4. 

374  Repealed,  1892,  419  §  138.     (See  1889,  129  ;   1893,  75.)     P.  S.  104. 

375  In  part  repealed,  1891,  427  §  8.      (See  1892,  303.)     P.  S.  207. 

376  Affecte<l,  1889,  185.      (See  1890,  408;   1893,  379.)      P.  G.  144. 

378  Affected,  1887,  252  ;   1894,  491  ;  1895,  476.      (See  1892,   195,  432  ; 

1893,  306.)     P.  S.  58,  90. 

379  In   part   superseded,   1890,   213,   1892,    286.     Affected,   1887,  310; 

1888,  306  §  2.     P.  S.  26. 
382     §§  2,  4-10  repealed,  1892,  419  §  138.     P.  S.  104. 

384  Affected,   1886,    223;    1887,  50,    332,  383;    1890,374;    1892,127. 

§  3  see  1896,  413.     §  5  see  1895,  116.     §  14  superseded,  1892, 
169.     P.  S.  152,  178. 

385  Affected,  1886,  319;   1887,  346,  367;   1890,  414;   1892,  229.      (See 

1894,  195  ;  1895,  286,  429.)     P.  S.  87. 

Res.   73.     See  Res.  1886,  58;  1890,  73;   1891,  70;   1893,  87;  1895, 
106.     P.  S.  1. 

Statutes  of  1886. 

15     §  6  in  part  superseded,  1892,  100.     P.  S.  154. 

31     Superseded,  1896,  526.      (See  1888,  58  ;   1892,  271.)     P.  S.  152. 

37  §  2  amended,  1890,  294.      (See  1887,  243;  1888,  357,  371.)     P.  S. 

159. 

38  In  part  superseded,  1886,  334;  1889,  349.  Extended,  1891,  233; 

1893,  432;  1895,  276,  392;  1896,  326.  P.  S.  16. 

39  Repealed,  1889,  301  §  10.   (See  1887,  122.)  P.  S.  30. 

45  Added  to,  1891,  180.  Affected,  1886,  203  ;  1891,419;  1892,348. 

(See  1893,  376.)  P.  S.  160. 
49  Repealed,  1890,  423  §  228.   (See  1888,  434,  436  §  10;  1893,  417.) 

P.  S.  7. 
51  Amended,  1887,  289.  P.  S.  188. 


THE  Statutes.  845 

Statutes  of  1886  —  Continued. 
Chap. 

56  Superseded,  1887,  86;   1890,242;   1891,  65.     P.  S.  11. 

63  Superseded,  1887,  411.      (See  1893,  367.)     P.  S.  14. 

66  §  1  repealed,  1891,  24.     P.  S.  5. 

68  Repealed,  1890,  423  §  228.      (See  1888,  200,  206  ;  1892,  351  ;   1893, 

417.)     P.  S.  6. 

69  Repealed,    1894,    317.      (See    1887,    196;    1888,    213;    1890,    168.) 

P.  S.  116. 

73  Superseded,  1895,  90.      (See  1889,  103;  1892,  96.)     P.  S.  11. 

77  Repealed,  1894,  317.     P.  S.  116. 

78  Repealed,  1890,  423  §  228.     P.  S.  7. 

82  Repealed,   1887,  391   §  4.     (See  1895,  434.)     P.  S.  98. 

85  Superseded,  1888,  362.     P.  S.  11. 

87  Repealed,    1894,   508.      (See    1887,   399;    1891,  239;    1885,    438.) 

P.  S.  74. 

90  Repealed,  1887,  280  §  2.     P.  S.  74. 

93  Repealed,  1894,  317.      (See  1889,  180 ;   1893,  254.)     P.  S.  116. 

95  Repealed,  1890,  168.     P.  S.  116. 

101  §  3  amended,  1889,  370.     P.  S.  79. 

105  Superseded,  1887,  411.      (See  1893,  367.)     P.  S.  14. 

106  Superseded,  1893,  479.     P.  S.  154. 
110  Repealed,  1889,  301  §  lO.     P.  S.  30. 

114  Amount  increased,  1895,  174.     P.  S.  158. 

120  See  1894,  41.     P   S.  112. 

124  Superseded,  1893,  479.     P.  S.  154. 

125  Extended,  1890,  181.      (See  1887,  270  §  6.)     P.  S.  115. 
130  In  part  superseded,  1888,  195.     P.  S.  154. 

132  Affected,  1896,  176.     P.  S.  23. 

133  Affected,  1886,  176.     P.  S.  23. 
137  See  1890,  266.     P.  S.  134. 
140  See  1894,  499.     P.  S.  74. 

144  Not  to  apply  to  certain  province  lands.     1893,  470.     P.  S.  19. 

154  Superseded,  1891,  162.     P.  S.  154. 

155  Superseded,  1889,  28.     P.  S.  154. 
158  Superseded,  1893,  479.     P.  S.  154. 

163  Affected,  1889,  292;   1890,  336.     P.  S.  91. 

166  Superseded,  1893,  479.     P.  S.  154. 

167  Superseded,  1893,  479.     P.  S.  154. 

169  Repealed,  1887,  438.      (See  1888,  275;    1890,  204,   216,  306,  380.) 

P.  S.  16. 

171  See  1896,  397  §§  18,  19.     P.  S.  208- 

173  Repealed,  1894,  481.      (See  1890,  179.)     P.  S.  104. 

174  See  1894,  224,  332.     P.  S.  31. 

175  Superseded,  1887,  232.  P.  S.  100. 

176  Repealed,  1894,  317.  P.  S.  116. 

183  Superseded,  1893,  469.  P.  S.  158. 

184  Superseded,  1893,  469.   (See  1889,  251.)  P.  S.  158. 

187  Repealed,  1887,  214  §  112.  (See  1888,  84;  1894,  522.)  P.  S.  119. 


846  Changes  in 

Statutes  of  1886  —  Continued. 
Chap. 

189  Superseded,  1894,  352.     (See  1893,  469.)     P.  S.  158. 

190  §  2  in  part  superseded,  1893,  479.     P.  S.  154. 

192     Limited,  and  §  4  repealed,  1891,  327.     (See  1887,  197;   1890,  229; 

1893,  205.)     P.  S.  91. 
194     Limited,  1890,  289.     P.  S.  83. 
197     Affected,  1895,  259.     P.  S.  221. 

202  Repealed,  1887,  120.     P.  S.  91. 

203  Amended,  1891,  419.     Affected,  1892,  348.      (See  1891,  180;   1893, 

376.)     P.  S.  160. 
207     Affected,  1892,  333.     P.  S.  37. 
210     Affected,  1891,  97  ;   1892,  245  ;   1893,  65,  380  ;  1894,  528  ;  1895,  117, 

127,  227;  1896,  236,  251.     (See  1892,  402.)     P.  S.  50. 
216     Superseded,  1896,  490  §  3.     (See  1888,  425  ;  1889,  402.)     P.  S.  17. 
219     Affected,  1887,  367;  1895,  390.     (See  1894,   195,  251.     Res.  1888, 

89.)     P.  S.  79. 

222  Reoealed,  1887,  214  §  112.   (See  1893,  54;  1894,  522.)  P.  S. 

119. 

223  Affected,  1892,  127.     (See  1896,  413.)     P.  S.  153,  161. 

230  Affected,  1891,  341  ;  1894,  541  ;  1895,  157,  311.     P.  S.  105. 

231  Superseded,  1889,  465.     (See  1888,  158.)     P.  S.  11. 
234     Affected,  1891,  52.     P.  S.  91. 

236  Affected,  1887,  433  §  4.     (See  1893,  208.)     P.  S.  44. 

237  Superseded,  1887,  411  §  13.      (See  1893,  367  §  13.)     P.  S.  14. 

238  Superseded,  1891,  410.     P.  S.  15. 

241  Repealed,  1888,  239.     (See  1887,  179  ;   1889,  226.)     P.  S.  41. 

242  Repealed,  1894,  59.     P.  S.  112. 

250  Amended,  1890.  252  ;    1892,  67.     P.  S.  61. 

251  Superseded,    1889,    339;    1891,    79;    1892,    298;    1893,    288,    291. 

P.  S.  22. 

252  Repealed,  1894,  317.      (See  1889,  77,  321  ;    1892,  248.)     P.  S.  116. 

256  Superseded,  1896,  509.     P.  S.  8. 

257  Amended,  1896,  522.     P.  S.  21. 

259  §  1  repealed,  1889,  454  §  6.      (See  1894,  309.)      §  2  amended,  1887, 

135.     P.  S.  102. 

260  §  1  repealed,  1890,  83.     Affected,  1893,  111  ;  1894,  481,  499.     P.  S. 

74,  103. 

262  Repealed,  1890,  423  §  228.      (See  1893,  417.)     P.  S.  7,  27. 

263  Amended,   1887,   269.     Affected,    1892,  382.     §    1   amended,   1888, 

261.     §  4  amended,  1890,  385.     P.  S.  74. 

264  Repealed,  1890,  423  §  228.      (See  1888,  146;  1891,  242;   1892,  190, 

405;   1893,  417.)     P.  S.  7. 

274     Repealed,  1888,  375.      (See  1890,  441.)     P.  S.  80. 

276  §  1  superseded,  1891,  142.  (See  1888,  292  ;  1890,  249  ;  1893,  189, 
398 ;  1894,  102,  205.)  §  3  affected,  1890,  249.  §  5  repealed, 
1894,97.  §  6  limited,  1887,  300.  Added  to  1891,  254.  §  7  ex- 
tended, 1895,  56.  In  part  repealed,  1892,  102.  (See  1893,  49, 
105.)     P.  S.  92. 


THE  Statutes.  847 

Statutes    of  188G  —  Concluded. 
Chap. 

281  Affected,  1888,  345.     P.  S.  167,  183. 

283  §  1  amended,  1889,  115.     (See  1888,  437.)     P.  S.  28. 

287  See  1895,  338.     P.  S.  80. 

289  Affected,  1895,  456.      (See  1890,  449  ;  1891,  144.)     P.  S.  67. 

290  See  1894,  496.     P.  S.  157. 

295  Repealed,  1893,  423.   (See  1888,  221  ;  1889,  191  ;  1890,  254  ;  1893, 

417  §  266.)  P.  S.  27. 

296  §  4  affected,  1888,  199  §  3.     (See  1889,  451  §  8;  1894,444.)     P.  S. 

35,  216. 

298  §  4  repealed,  1887,  123.     P.  S.  87. 

305  Amended,  1888,  391  ;   1893,  466.     P.  S.  202. 

307  Superseded,  1893,  479.     P.  S.  154. 

317  Affected,   1891,   58,   412.     §   3  amended,   1894,    280  §  1.  P.  S.   56. 

318  §  4  amended,  1896,  398  §  3.     Affected,  1891,  58,  412.     P.  S.  56,  57. 

319  Affected,  1887,  346,  367;    1892,  229;    1894,  195;   1895,  390;  1896, 

482.     §  3  superseded,  1890,  414  §  2.     P.  S.  87. 

320  Repealed,  1888,  390  §  95.      P.  S.  12. 

323     §  1  affected  and  §§  2,  3  repealed,  1892,  302.      (See  1888,  49  ;  1891, 
427;  1892,  303.)     P.  S.  221. 

328  See  1887,  411  §§  77,  79  ;  1893,  367  §§  77,  79.     P.  S.  14,  203. 

329  Affected,  1888,  311.     P.  S.  207. 

330  Affected,  1888,  248.      (See  1893,  217,  252.)     P.  S.  48. 

332  Aft"ected,  1887,  142  §  3  ;   1888,  390  §  95.     P.  S.  13. 

333  §  2  superseded,  1887,  227.     P.  S.  154. 

334  Amended,  1889,  349.     P.  S.  16. 
338  Superseded,  1896,  509.     P.  S.  8. 

340     Restricted,  1892,  50.      (See  1887,  307.)     P.  S.  102. 

342     Extended,  1887,  320;  1891,  59.     P.  S.  146. 

346     §§  1,  2,  5  extended,  1887,  382.     §  2  amended,  1888,  122.     Affected, 

1894,  450;   1896,  356.     (See  1887,  385  ;   1888,  350;  1889,   169; 

1892,  67,  263,  274.)     P.  S.  61,  106. 
348     Superseded,  1896,  509.     P.  S.  8. 
352     Repealed,   1894,  359.     (See  1892,  59.)     P.  S.  2. 
354     Repealed,  1894,  444.     (See  1887,  231.)     P.  S.  35. 

Res.  58.     SeeRes.  1890,  73;  1891,70;  1893,87;  1895,  106.     P.S.I. 

Statutes  of  1887. 

24     Repealed,  1894,  424.     (See  1887,  74  ;    1889,  324  ;   1892,  133  ;   1896, 

459.)     P.  S.  159. 
26     Superseded,  1893,  103.     P.  S.  15. 

30  Superseded,  1891,  375.      (See  1888  432.)     P.  S.  16. 

31  Affected,  1888,  333  ;  1894,  143,  144;  1895,  57.     P.  S.  20. 

38  Repealed,  1888,  209  §  2.     P.  S.  208. 

39  Amount  increased,  1889,  209  ;  1894,  259.     P.  S.  158 
57     Affected,  1896,  176.     P.  S.  28. 

61     §  2  superseded,  1888,  89.     P.  S.  154. 


8.48  Changes  in 

Statutes   of   1887  —  Continued. 
Chap. 

63  Affected,  1889,  237,  269.     P.  S.  156. 

67  Exteuded,  1891,  15  ;  1894,  27,  117.     P.  S.  203. 

72  Superseded,  1893,  469.     P.  S.  158. 

74  Amended,  1892,  133.      (See  1893,  404,  452  ;    1894,  68,  330.)     P.  S. 

159. 

83  Superseded,  1891,  411  §  2.     P.  S.  15. 

86  Superseded,  1890,  242.     (See  1891,  65.)     P.  S.  11. 

87  Extended,  1891,  384.     P.  S.  16. 

96  Repealed,  1896,  268.     (See  1888,  223,  238;   1892,  188.)     P.  S.  91. 

103  Repealed,  1894,508.      (See   1887,   173,   215,    218;    1888.   149,305, 

426  ;  1890,  438  ;  1891,  261  ;  1894,  481.)     P.  S.  48,  74. 

105  §  2  amended,  1890,  30.     P.  S.  91. 

110  Superseded,  1888,  390.     P.  S.  12. 

112  Superseded,  1888,  257.     P.  S.  159. 

113  Repealed,  1894,  317.     P.  S.  116. 

116  Superseded,  1895,  193.     P.  S.  2. 

117  Superseded,  1894,  470.     P.  S.  154. 

121  Repealed,  1894,  508.     P.  S.  74. 

122  Repealed,  1889,  301  §  10.      (See  1889,  279  ;    1890,  447.)     P.  S.  30. 
124     Affected,  1896,  158.     P.  S.  51. 

127  In  part  superseded,  1892,  128.     P.  S.  103. 

128  In  part  superseded,   1893,   358  ;    1895,    284.     Affected,  1893,   409  ; 

1894,  531.      (See  1890,  456  §  2.)     P.  S.  5. 

142  Repealled,  1888,  390  §  95.     P.  S.  12. 

143  Affected,  1890,  334.     P.  S.  203. 

147  Repealed,  1890,  423  §  228.      (See  1888,  436  §   28  ;   1889,  413  §  28.) 

P.  S.  7. 

156  Superseded,  1894,  66.     P.  S.  156. 

160  In  part  superseded,     1889,  238;  1892,  233.     P.  S.  17. 

164  Superseded,  1894,  415.     P.  S.  25. 

166  Superseded,  1893,  469.     P.  S.  158. 

173  Repealed,  1894,  508.      (See  1887,  215.)     P.  S.  48,  74. 

174  Superseded,  1893,  479.     P.  S.  154. 

175  Affected,  1889,  206.     P.  S.  154. 

178  Affected,  1892,  353;  1893,  51.     P.  S.  103. 

179  Repealed,  1888,  239.      (See  1889,  226).     P.  S.  41. 

180  Superseded,  1891,  161.     P.  S.  154. 
193  §  3  amended,  1891,  137.     P.  S.  91. 

196  Repealed,  1894,  317.      (See  1888,  213  ;  1890,  168.)     P.  S.  116. 

197  Superseded,  1891,  327.      (See  1890,  229.)     P.  S.  91. 
199     Superseded,  1893,  190.     P.  S.  159. 

202     Affected,  1889,  208;   1892,  305.     §   5   amended,   1890,  402.     P.  S. 

32. 
206     Affected,  1890,  439  ;  1893,  226  ;  1894,  542.     P.  S.  100,  115. 

208  Superseded,  1893,  479.     P.  S.  154. 

209  Superseded,  1893,  86.     (See  1892,  287.)     P.  S.  5. 
212     Amended,  1889,  111.     (See  1888,  333.)     P.  S.  20. 


THE  Statutes.  849 

Statutes  of  1887  —  Continued. 
Chap. 

214  In  part  superseded,  1894,  522.   (See  1882,  195  ;  1883,  33,  107,  126, 

235,  258;  1884,  55,  58,  119,  120,  177,  178,  180,  217,  235,  296; 
1885,  183,  241,  300,  308,  354;  1886,  187,  222;  1887,  214,  283; 
1888,  84,  141,  151,  154, 165  ;  1889,  356, 378  ;  1890,  26, 304  ;  1891, 
195,  233,  289,  368  ;  1892,  47, 372  ;  1893,  54,  117,  224,  434  ;  1894, 
19,  103,  120,  133,  137,  147,  225,  300,  381,  442.)  P.  S.  119. 

215  Repealed,  1894,  508.  (See  1887,  280  §  1,  330;  1888,  348;  1890, 

183  ;  1892,  83,  352,  357.)   P.  S.  48,  74. 

216  See  1889,  159,452;  1890,  243,  310;  1891,  403;  1894,  342;  1895, 

171,  172  ;  1896,  277,  285,  286,  327,  361.  P.  S.  117. 

217  Superseded,  1893,  422.  P.  S.  156. 

218  Affected,  1888,  149  §  3,  316,  399,  426.  (See  1890,  438  ;  1891,  261  ; 

1894,  481,  508.)  P.  S.  103,  104. 

219  Repealed,  1887,  276.  P.  S.  104. 
221  Superseded,  1891,  429.  P.  S.  15. 

225  §  1  amended,  1896,  369.   (See  1890,  199;  1891,  341;  1894,  541; 

1895,  311.)  P.  S.  106. 

226  Affected,  1887,  281  ;  1888,  362  ;  1893,  247,  445.  P.  S.  11. 

227  Superseded,  1894,  374.  P.  S.  154. 

228  See  1888,  363;  1889,  446.  P.  S.  11. 
234  Extended,  1888,  181.  P.  S.  103,  220. 
243  In  part  superseded,  1895,  369.  P.  S.  159. 
245  Superseded,  1892,  143.  P.  S.  20. 

249  Repealed,  1890,  423  §  228.  (See  1892,  351  §  2  ;  1893,  417.)  P.  S.  27. 

252  Repealed,  1894,491.   (See  1892,  195  ;  1893,  306  ;  1895,  496.)  P.  S. 

58,  80,  90. 

256  Affected,  1888,  389,  426  §  13  ;  1891,  302,  357  §  6.  P.  S.  103. 

259  Superseded,  1893,  469.   (See  1891,  318.)  P.  S-  158. 

263  §  1  amended,  1894,  130.  P.  S.  2,  160. 

266  Repealed,  1888,  248  §  2.  P.  S.  89. 

267  Repealed,  1896,  397.  (See  1893,  227,  472.)  P.  S.  80. 

269  Affected,  1892,  382.  §  1  extended,  1888,  261.  §  3  amended,  1890, 

385.  P.  S.  74. 

270  Amended,  1888,  155;  1892,  260;  1893,  359;  1894,  499.  (See 

1890,  83  ;  1895,  362  §  7.)  P.  S.  74,  112. 

272  Repealed,  1890,  423  §§  143,  228.   (See  1893,  417  §  7.)  P.  S.  7. 

273  Superseded,  1893,  469.  P.  S.  158. 

274  §  2  superseded,  1889,  92.  P.  S.  154. 

276  Affected,  1888,  426  §  14.  P.  S.  104. 

277  §  2  amended,  1895,  348  §  6.  P.  S.  72. 

280  Repealed,  1894,  508.   (See  1887,  330  ;  1888,  348  ;  1890,  183  ;  1892, 

83,  352,  357.)  P.  S.  48,  74. 

281  See  1893,  247,  445.  P.  S.  11. 

283  Affected,  1888,  154;  1890,  197;  1892,  129.  P.  S.  13. 

286  See  1894,  104.  P.  S.  178. 

293  Superseded,  1893,  396  §§  35,  39.     P.  S.  154. 

295  Shall  not  apply  to  provisions  of  1890,  428.     P.  S.  112. 


850  Changes  in 

Statutes  of  1887  —  Contijiued, 

Chap. 

310     Affected,  1890,  213.     P.  S.  26. 

314  Affected,  1890,  293;  1891,  122.     P.  S.  91. 

315  Affected,  1895,  383.     P.  S.  219. 

319  Repealed,  1894,  317.     P.  S.  116. 

320  Extended,  1891,  59.     P.  S.  146. 

327  In  part  superseded,  1894,  379.     P.  S.  154. 

330  Repealed,  1894,  508.     P.  S.  48,  74. 

332  §  3  see  1890,  261  §  3  ;  1895,  116.     P.  S.  147,  151. 

338  §§1,2  amended,  1894,  218.     P.  S.  80. 

342  §  2  in  part  re^jealed,  1891,  342.     P.  S.  13. 

346  Affected,   1887,  367;    1889,  414;    1895,  390.     §   2  amended,  1896, 

482.     P.  S.  87. 

355  Repealed  so  far  as  inconsistent  with  1888,  264.     P.  S.  221. 

361  Repealed,  1891,  125.      (See  1892,  410.)     P.  S.  74. 

362  Affected,  1891,  249.     P.  S.  112. 

366  Affected,   1890,  326  ;  1893,  315  ;  1894,  462,  543.     Amended,  1896, 

409.     P.  S.  113. 

367  Affected,  1894,  195  ;  1896,  482.     P.  S.  87. 

371  Repealed,  1890,  423  §§  215,  228.     (See  1893,  417  §  263.)     P.  S.  27. 

373  Extended,  1889,  286;  1891,  116;  1893,  149.     P.  S.  11. 

375  Extended,  1888,  192.     P.  S.  221. 

380  Amended,  1895,  419  §  10.     P.  S.  99. 

382  Aft'ected,   1888,  350,  428;   1891,  370;  1892,  259,  263;    1896,  356, 

426.     Extended,  1895,  350.     §  3  amended,  1892,  274.     P.  S.  61, 
106,  109. 

383  See  1892,  440;  1893,  61.     P.  S.  151. 

385     Affected,  1891,  370  ;  1892,  259, 263  ;  1895,  169,  420.     P.  S.  61,  106. 

391     §§  1,  2  repealed,  1895,  434.      (See  1893,  41.)     P.  S.  98. 

399     Repealed,    1894,   508.      (See   1891,   239;    1895,   438;    1896,   241.) 

P.  S.   74. 
401     §   1  amended,  1893,  197.      (See  1888,  248;    1889,  230;    1893,  197, 

217,  252  ;   1896,  288,  382.)     P.  S.  84. 

403  Affected,  1892,  211.     P.  S.  221. 

404  Extended,  1891,  265.     (See  1888,  326.)     Affected,  1894,  126.     §  3 

amended,  1895,  105.  P.  S.  38. 
406  Amended,  1888,  297.  P.  S.  100. 
411     Repealed,  1893,  367.     (See  1888,  366,  384  ;    1889,360;    1890,415, 

425;    1891,  232;    1892,  238,  366;    1893,   193,  231.      Res.   1890, 

67.)     P.  S.  11. 

422  See  1892,  331.     P.  S.  68. 

423  Repealed,  1888,  90.  (See  1890,  369.)  P.  S.  116. 
426  Amended,  1896,  304.  (See  1895,  273.)  P.  S.  221. 

431  Repealed,  1896,  397.  (See  1893,  472  ;  1894,  435.)  P.  S.  80,  100. 

432  Repealed,  1890,  423  §  228.   (See  1891,  395;  1893,  417  §  29.) 

P.  S.  6. 

433  §  1  repealed,  1888,  348  §  12.  §  2  amended,  1889,  135  ;  1890,  48, 

299  ;  1891,  317.   (See  1894,  508.)  P.  S.  48,  74. 


THE  Statutes.  851 

Statutes    of   1887  —  Concluded. 
Chap. 

437  Repealed,  1896,  507.      (See  1889,  473  ;  1895,  501.)     P.  S.  21,  74. 

438  Affected,  1888,  275  ;   1890,  380  §  3  ;    1893,270;    1894,183;    1895, 

143,  175.     Extended,  1895,  493.     §  2  amended,  1890,  306.      §   5 
amended,  1890,  216.      (See  1890,  204,  215  ;   1895,  482.)     P.  S.  16. 

440  Affected,  1891,  153.     P.  S.  86. 

441  §  2  in  part  repealed,  1890,  354;   1892,  407.     §  4  in  part  superseded, 

1889,  230  §  2.     P.  S.  86. 

442  Affected,   1888,  419;   1889,  415  §   1 ;    1890,   128;    1891,  271,  407. 

P.  S.  162. 

443  Repealed,  1888,  436  §  6.   (See  1890,  423  §§  83,  228;  1893,  417.) 

P.  S.  100. 

447  Limited,   1888,  22.     §  5  repealed,   1891,  228.     §   6  amended,  1895, 

322.     §   7  repealed,  1888,  403  §  6.     §  12  amended,  1888,  403  §  4. 
(See  1888,  189;  1891,  209,  371;   1894,  451.)     P.  S.  220,  221. 

448  §   1  superseded,  1892,  388.     §  2  repealed,  1895,  419.      (See  1894, 

410.)     P.  S.  99,  212. 
Res.  103,  affected.     Res.  1895,  70.     St.  1896,  310.     P.  S.  44. 

Statutes   of  1888 

22  Amended,  1888,  403  §  5.   (See  1888,  189;  1891,  209,  228,  371; 

1894,  451.)  P.  S.  220,  221. 

23  Repealed,  1890,  97.      (See  1889,  440  §  14.)     P.  S.  4. 

40  Repealed,  1894,  317.     P.  S.  116. 

41  Superseded,  1889,  177.-    P.  S.  21. 
46     See  1893,  173.     P.  S.  192-. 

51     Repealed,  1894,  317.     P.  S.  116. 

53  Repealed,  1894,  317.     P.  S.  116. 

54  Superseded,  1893,  479,     P.  S.  154. 

58  Superseded,  1896,  526.      (See  1892,  271.)     P.  S.  152. 

63  Superseded,  1888,  306  §  1 ;   1893,  263.      (See  1889,  224.)     P.  S.  32. 

84  Superseded,  1894,  522  §  5.     P.  S.  119. 

85  Repealed,  1891,  292.      (See  1889,  440  §  14.)     P.  S.  4. 

86  Affected,  1892,  419.     P.  S.  104. 
88  Superseded,  1893,  479.     P.  S.  154. 

90  Repealed,  1894,  317.      (See  1890,  369.)     P.  S.  116. 

94  Extended,  1895,  153;  1896,  451.     P.  S.  153. 

96  Repealed,  1894,  317.     P.  S.  116. 

105  Affected,  1893,  477;  1894,455;   1895,453.     (See  1892,  419  §  120.) 

P.  S.  80,  102. 

110  Superseded,  1893,  479.     P.  S.  154. 

112  Superseded,  1893,  469.     P.  S.  158. 

113  Repealed,  1894,  481.      (See  1888,  389,  426  §   13;   1891,  302,  357 

§  6.)     P.  S.  103,  104. 

114  Extended,  1894,  389.  (See  1894,  422.)  P.  S.  52. 
120  Repealed,  1894,317.  (See  1890,  222.)  P.  S.  116. 
122     Superseded,  1889,  440  §  7.     P.  S.  4. 


852  Changes  in 

Statutes    of  1888  —  Continued. 
Chap. 

123  See  1894,  514.     P.  S.  170. 

127  Repealed,  1894,  317.  (See  1890,  44.)  P.  S.  4,  116. 

134  See  1892,  330.  P.  S.  115. 

141  Superseded,  1894,  522  §  31.      (See  1894,  133  §  2.)     P.  S.  119. 

146  Repealed,  1890,  423  §§  72,  228.     (See  1893,  417  §  104.)     P.  S.  27. 

148  Affected,  1888,  380,  420 ;   1889,  315.     P.  S.  132,  134. 

149  Repealed,  1894,  508.      (See  1890,  438;   1891,  261.)     P.  S.  74,  104. 

151  Superseded,  1894,  522  §  60.      (See  1891,  291.)     P.  S.  119. 

152  Superseded,  1893,  469.     P.  S.  158. 

154  Affected,  1890,  197;   1892,  129;  1894,  522.     P.  S.  13,  119. 

155  Amended,  1892,  260.     (See  1890,  83;  1893,  359;  1894,  499.)    P.  S. 

74,  112. 

157  In  part  superseded,  1893,  138.     P.  S.  17. 

158  Superseded,  1889,  465.     P.  S.  11. 
160     See  1889,  439.     P.  S.  80. 

164  Repealed,    1890,  423  §§    105-107,   228.      (See    1893,    417    §    214.) 

P.  S.  7. 

165  Superseded,  1894,  522  §  28.     P.  S.  119. 

174  Superseded,  1892,  347.      (See  1891,  404.)     P.  S.  35. 

180  Affected,  1890,  440  §  8  ;  1893,  396  §  9.     P.  S.  26,  154. 

186  Repealed,  1889,  440  §  14.     P.  S.  4. 

189  See  1888,  403  ;   1891,  209,  228,  371.     P.  S.  221. 

191  Superseded,  1890,  126.      (See  1889,  440.)     P.  S.  4,  116. 

192  Affected,  1896,  317.     P.  S.  221. 

199  Repealed,  1889,  451,  §  8.      (See  1891,  229;  1894,  445,  522.)     P.  S. 

35,  216. 

200  Repealed,  1890,  423  §  228.   (See  1892,  351  ;  1893,  417.)  P.  S.  6. 
203  Repealed,  1890,  423  §§  123,  228.  (See  1893,  417  §  299.)  P.  S.  27. 

206  Repealed,  1890,  423  §  228.   (See  1892,  351  §  9  ;  1893,  417.)  P.  S. 

27. 

207  Repealed,  1888,  426  §  14.     (See  1894,  481.)     P.  S.  104. 
209     Repealed,  1896,  397.     P.  S.  208. 

213  Repealed,  1894,  317.      (See  1890,  168.)     P.  S.  116. 

221  Repealed,  1893,  423.     (See  1889,  191  ;  1890,  254;  1893,  417  §  266; 

1894,  16.)     P.  S.  27. 

223  Affected,  1892,  188;  1896,  268.     P.  S.  91. 

233  Superseded,  1894,  336.      (See  1891,  107.)     P.  S.  154. 

238  Affected,  1896,  268.     P.  S.  91. 

239  Extended,  1889,  226.     P.  S.  41. 

240  Extended,  1891,  129.     P.  S.  112. 
246  See  1889,  152.     P.  S.  154. 

248     Affected,  1893,  217,  252.     (See  1896,  288,  382.)     P.  S.  84,  89. 
254     Extended,  1889,  347  ;  1894,  130  §  5  ;  1895,  337  ;  1896,  162  §  2,  308. 
Affected,  1888,  262  ;   1889,  186,  361.     P.  S.  100. 

256  Repealed,  1889,  440  §  14.     P.  S.  4. 

257  §  1  amended,  1892,  95.     §  3  repealed,  1891,  87  §  2.     §  4  affected, 

1891,  236.     (See  1890,  209,  360.)    P.  S.  159,  199. 


THE  Statutes.  853 

Statutes    of    1888  —  Continued. 
Chap. 

262  Amended,  1889    361.     (See  1889,  186,  347.)     P.  S.  100. 

264  Superseded,  1889,  412.     P.  S.  221, 

267  §  2  superseded,  1891,  113.     P.  S    17. 

274  Superseded,  1892,  104,  328.     P.  S.  150. 

275  §  1  affected,  1890,  380  ;  1893,  270 ;  1894,  183  ;  1895,  143.     §  2  super- 

seded, 1891,  292.     P.  S.  4,  16,  23. 

276  Repealed,  1890,  193.      (See  1891,  138.)     P.  S.  91. 

280     Amount  increased,  1892,  230;   1893,  431,   1895,  364.      (See  1885, 
205;  1889,  418.)     P.  S.  158. 

287  Amended,  1892,  234.     P.  S.  91. 

288  Repealed,  1889,  275.     P.  S.  70. 

290     Affected,  1890,  261  ;  1891,  415  §  3;   1895,  116.     P.  S.  156. 

292     Superseded,  1894,  205.     (See  1890,  249  ;  1891,  142  ;  1893,  189,  398  ; 

1894,  102,  205.)     P.  S.  92. 
296     Repealed,  1896,  297.     P.  S.  60. 

304  Amended,    1889,    112.      Affected,   1890,   347;    1892,   255.      P.    S. 

27,  40. 

305  Repealed,  1894,  508.     P.  S.  74. 

306  Amended,  1893,  263.     Affected,  1889,  224.     P.  S.  32. 

314  Affected,  1891,  287  §  2.     P.  S.  152. 

315  See  1890,  127.     P.  S.  11. 

316  Repealed  so  far  as  relates  to  Boston,   1892,  419  §  138.     Affected, 

1888,  426  ;  1894,  337,  382.     §§  1,  2  amended,  1893,  199.     Appeal 
given,  1890,  438;  1891,  261.      (See  1894,  481.)     P.  S.  104. 

321     Extended,  1895,  387.     P.  S.  106. 

326     See  1891,  265  ;   1894,  126.     P.  S.  38. 

328     Affected,  1895,  431.     P.  S.  219. 

333     Affected,  1894,  143,  144  ;  1895,  57.     P.  S.  20. 

335     Superseded,  1889,  408.     (See  1893,  333.)     P.  S.  221. 

337     Repealed,  1889,  294.     (See  1888,  403  §§  7,  8.)     P.  S.  221. 

340     Amended,  1892,  280;  1896,  440.     P.  S.  7,  31,  100. 

346     See  1894,  104.     P.  S.  178. 

348  Repealed,  1894,  508.   (See  1889,  291  ;  1890,  183,  299  ;  1892,  83, 

352,  357;  1894,  498.)  P.  S.  48,  74. 

349  Extended,  1889,  300.      (See  1889,  394;  1891,  224;   1893,  129,  450; 

1894,  532;  1895,  39,  490;  1896,  531,  549.)     P.  S.  5. 

350  Aft'ected,  1896,356.     §    1   extended,   1894,   327.      (See   1891,   370; 

1892,  259,  263;   1896,  426.)      P.  S.  61. 

352  Superseded,  1893,  396  §§  6,  67.  P.  S.  154. 

353  Repealed,  1890,  423  §  228.  (See  1888,  436  ;  1892,  351  ^  48  ;  1893, 

417  §§  130,  283.)  P.  S.  7. 
355  Repealed,  1894,  317.  (See  1896,  231.)  P.  S.  116. 

365  Repealed,  1896,  302.   (See  1889,  154.)  P.  S.  26. 

366  Repealed,  1892,  366.   (See  1893,  367  §§  22,  29,  30;  1894,  312; 

1896,  182.)  P.  S.  14. 
375  Added  to,  1890,  441.  (See  1889,  439;  1896,  252.)  P.  S.  80. 
377  Repealed,  1891,  427  §  8.   (See  1892,  303.)  P.  S.  207. 


854  Changes  in 

Statutes  of  1888  —  Continued. 
Chap. 

379     §  1  amended,  1893,  186.     P.  S.  28. 
.380     Affected,  1889,  315.      (See  1888,  420.)     P.  S.  132,  134. 

382  Eepealed,1890,  423  §  228.      (See  1893,  417.)     P.  S.  9. 

383  Affected,  189.5,  363.     §  4  extended.     Res.,  1891,  60.     P.  S.  4. 

384  Affected,  1893,  121,  367  §§  92-97;  1895,  465  §  5.    Extended,  1894, 

211.     P.  S.  14. 

387  Affected,  1889,  427,  452  ;   1890,  329  ;   1891,   233  §   2,  275.     P.  S. 

118. 

388  Affected,  1890,  416  §  6  ;  1895,  497.     §   1  amended,   1892,  428  §   1. 

P.  S.  77    192. 

389  See  1888,  426  §  13  ;  1891,  302,  357  §  6.     P.  S.  103. 

390  Affected,  1889,  253;   1891,  288;  1892,  168,  370.     §§  2,  28,  29,  41 

and  forms  5,  6,  7  repealed,  1889,  334.  §§  3,  7,  8,  19,  23,  24, 
30,  32,  33,  37,  49,  51,  69,  72  amended,  1889,  334.  §  7  further 
amended,  1890,  331  §  2.  §  18  amended,  1893,  241.  §§  48,  49 
affected,  1894,  537  §  3.  §§  53,  54  amended,  1892,  109.  §  54 
affected,  1889,  334  §  3  ;  1890,  331.     P.  S.  12. 

391  Repealed,  1893,  466.     P.  S.  202. 

396  §§  2,  4,  5  repealed,  1891,  196  §  2.     P.  S.  30. 

397  Affected,   1891,   323;    1892,   418;    1895,   494;    1896,237.     In  part 

superseded,  1892,  415  §  3.     P.  S.  49. 
399     Repealed,  1894,  481.      (See  1888,  426  ;  1890,  438  ;  1891,  261  ;  1892, 

419.)     P.  S.  104. 
403     Affected,    1894,   451.     §   2  amended,    1891,   371.     (See    1891,  209, 

228.)     P.  S.  220,  221. 
405     See  1889,  406,  470  ;    1890,  387.     §   3   in  part  repealed,   1895,   234. 

P.  S.  157,  187. 

413  Affected,  1889,  342,  452;    1890,315;    1892,   327;    1893,114.     §    6 

amended,  1896,  423  §  1.  §§  7,  8  affected,  1896,  423  §  3.  §  18 
amended,  1894,  274.  (See  1888,429  §  2;  1891,  257.)  P.  S. 
105,  118. 

414  §  2  revised,  1894,  198.     P.  S.  60,  65. 

415  Affected,  1893,  396  §  64.     P.  S.  154. 

419  Amended,  1889,  415.  Affected,  1890,  128  ;  1891,313,407;  1894, 
184.  §  6  amended,  1891,  271.  §  13  limited,  1893,  62.  P.  S. 
162. 

425  Superseded,  1896,  490  §  3.     P.  S.  17. 

426  Repealed,  1894,  481.      (See   1890,438;    1891,  261,   302,   357   §    6  ; 

1892,  419,  §  138  ;  1893,  199  ;  1894,  337,  382,  508.)      P.  S.  104. 

428  Repealed,  1890,  252.      (See  1892,  67.)     P.  S.  61. 

429  Superseded,  1894,  367  ;  1895,  104,  281,  340  ;  1896,  102.      (See  1890, 

341,  400,  421  ;  1891,  163,  233,  368  ;  1892,  40,  201,  435  ;  1893,  47, 
321,  418;  1894,  60,  328,  381.)     P.  S.  115,  119. 

431  §§  1,  2,  3  amended  and  §  4  superseded,  1893,  200.     (See  1890,  379 ; 

1891,  272;  1894,  58.)     P.  S.  44. 

432  In  part  superseded,  1891,  375.     P.  S.  16. 

433  See  1896,  203.     P.  S.  181. 


THE  Statutes.  855 

Statvites   of   1888  —  Concluded. 

Chap. 

434  Repealed,  1890,  423  §§  83,  228.   (See  1893,  417  §§  123,  130.) 
P.  S.  27. 

436  Repealed,  1893,  417  §§  96-99.   (See  1889,  413;  1890,  219  38/5; 

1891,  269,  270;  1892,  124,  316,  368;  1893,  177,  349,  351.)' 
P.  S.  7. 

437  Repealed,  1893,  417.  P.  S.  28. 

438  Repealed,  1889,  298;  1890,  447.   (See  1893,  237,  279.)  P.  S.  30. 
441  Repealed,  1893,  417  §§  71-74.   (See  1894,  504  ;  1895,  489,  502,  507.) 

P.  S.  7. 
Res.  ch.  89  affected,  1895,  390.  P.  S.  79, 

Statutes  of  1889. 

11  Amended,  1892,  187.     (See  1896,  218.)     P.  S.  159. 

16  Affected,  1896,  176.     P.  S.  23. 

19  Superseded,  1892,  93.      (See  1882,  233  §  6.)     P.  S.  1.54. 

21  Superseded,  1892,  166.     P.  S.  27,  28. 

32  Repealed,  1889,  440  §  14.      (See  1891,  292.)     P.  S.  4. 

35  Repealed,  1889,  440  §  14.     P.  S.  4. 

41  Superseded,  1893,  479.     P.  S.  1.54. 

53  Superseded,  1895,  93.     P.  S.  4. 

69  Repealed,  1890,  423  §  228.     (See  1892,  351  ;  1893,  417  §  24.)     P.  S.  6. 

77  Repealed,  1894,  317  §  2.     P.  S.  116. 

86  Repealed,  1894,  317  §  20.     (See  1889,  449.)     P.  S.  116. 

88  Repealed,  1894,  317  §  46.     P.  S.  116. 

91  Repealed,  1894,  317  §  19.     P.  S.  116. 

92  Superseded,  1893,  479.     P.  S.  154. 

98  Repealed,  1893,  423  §§  25,  26.      (See  1889,   178;    1893,  417  §  266; 
1894,  16,  17.)     P.  S.  27. 

101  §  1  repealed,  1890,  239.     P.  S.  15. 

103  Superseded,  1895.  90.      (See  1892,  96.)     P.  S.  11. 

108  Affected,  1890,  132.     P.  S.  50. 

112  Affected,  1890,  347.     (See  1892,  255.)     P.  S.  40. 

113  Affected,  1895,  218.     P.  S.  215. 

114  Operation  restricted,  1889,  268.     P.  S.  100. 
124  Repealed,  1889,  440  §  14.     P.  S.  4. 

135     Affected,  1890,  48;   1894,498.     Amended,   1891,  317.      (See  1889, 

291  ;   1890,  299  ;  1894,  508.)     P.  S.  48,  74, 
150     Repealed,  1889,  440  §  14,     P.  S.  4. 
154     Repealed,  1896,  302.     P.  S.  26. 
159     §  1  superseded,   1894,  342.     §  2  amended,   1895,   171.      (See  1896, 

327.)     P.  S.  117. 
161     Repealed,  1894,  317.     P.  S.  116. 
164     Repealed,  1889,  440  §  14.     P.  S.  4, 
170     In  part  superseded,  1892,  58.     P.  S.  154. 
178     Repealed,  1893,  423.     P.  S.  27. 
180     Repealed,  1894,  317.     (See  1893,  254.)     P.  S.  116. 


856  Changes  ii^ 

Statutes   of  1889  —  Continued. 

Chap. 

186  Superseded,  1893,  417  §  9.  (See  1889,  361.)  P.  S.  100. 

191  Repealed,  1893,  417.   (See  1890,  254.)  P.  S.  7,  27. 

196  Repealed,  1890,  423  §  228.   (See  1892,  351  ;  1893,  417  §§  16,  17.) 

P.  S.  6. 

197  PLxtended,  1896,  476.     P.  S.  18. 
202  Repealed,  1891,  164.     P.  S.  91. 

208  Affected,  1890,  402  ;  1892,  305.     P.  S.  32. 

209  Amount  increased,  1894,  259.     P.  S.  158. 

211  Superseded,  1893,  469.     P.  S.  158. 

212  Repealed,  1889,  440  §  14.  P.  S.  4. 
215  Extended,  1895,  251.  P.  S.  159. 
227  Repealed,  1891,  160.  P.  S.  154. 
234  Amended,  1894,  170.  P.  S.  124. 
237  Repealed,  1889,  269.  P.  S.  156. 
241  Repealed,  1893,  131.     P.  S.  112. 

245  Superseded,  1895,  449  §  14.     (See  1896,  521.)     P.  S.  220. 

246  §  3  amended,  1890,  118.     P.  S.  112. 

249  Repealed,  1894,  498.      (See  1889,  422  ;   1890,  309  ;   1891,  426  ;  1892, 

62.)     P.  S.  48. 

251  Superseded,  1893,  469.     P.  S.  158. 

267  Superseded,  1894,  461.      (See  1891,  304.)     P.  S.  ^7. 

270  Repealed,  1894,  435.     P.  S.  100. 

279  Superseded,  1894,  279.      (See  1892,  291.)     P.  S.  30. 

286  Extended,  1891,  116;  1893,  149.     P.  S.  11. 

289  Superseded,  1891,  71.     P.  S.  154. 

291  Repealed,  1894,  508.     (See  1890,  48,  299  ;   1891,  317.)     P.  S.  48,  74. 

292  Affected,  1890,  336.     P.  S.  91. 

298  Superseded,  1890,  447  ;  1893,  237.     P.  S.  30. 

299  Affected,  1890,  264  §  3.     P.  S.  82. 

300  See  1891,  224;  1895,  39.     P.  S.  5. 

301  Repealed,  1894,  301.     (See  1895,  361.)     P.  S.  30. 
305  Repealed,  1894,  317.     P.  S.  116. 

309  Affected,   1892,  318.     §  2  added  to,   1891,   194.      (See  1889,  416.) 

P.  S.  48,  102. 

310  Amount  increased,  1896,  147.     P.  S.  23. 

313  Aft'ected,  1893,  118.     (See  1890,  420.)     P.  S.  157. 

316  §  1  amended,  1892,  192.     P.  S.  113. 

317  Repealed,  1894,  65.     P.  S.  154. 
321  Repealed,  1894,  317.     P.  S.  116. 
324  Superseded,  1894,  424.     P.  S.  159. 
326  Extended,  1895,  385.     P.  S.  80,  208. 

334  §   3   amended,   1890,  331.     Affected,   1894,  537.      (See  1891,  288; 

1892,  168,  370.)     P.  S.  12. 

337  Repealed,  1893,  417.      (See  1890,  423  §  26;   1892,  351.)     P.  S.  6. 

339  Superseded,  1893,  291.     P.  S.  22. 

342  Affected,  1890,  315.      (See  1892,  327  ;   1896,  423.)     P.  S.  118. 

347  Aft'ected,  1894,  130  §  5  ;   1895,  337;    1896,  162  §  2,  308.     P.  S.  100. 


THE  Statutes.  857 

Statutes   of  1889  —  Continued. 

Chap. 

349  See  1895,  39.     P.  S.  5. 

356  Amended,   1891,   195.      Affected,   1894,   133  §  3,  522  §  80.     P.  S. 
119. 

360  Superseded,  1893.  367.     P.  S.  14. 

361  Superseded,  1893,  417  §  9.      (See  1896,  308.)     P.  S.  100. 
372  Affected,  1891,  221.     Amended,  1893,  23.     P.  S.  29. 

374  §  2  in  part  repealed,  1891,  235.     (See  Res.  1894,  14,  94.    Res.  1895, 

0,-2,  104;   1896,  80.)     P.  S.  4,  21. 

378  Superseded,  1894,  522  §  64.     P.  S.  119. 

391  See  1892,  186,  188;  1893,  55,  172;   1896,  268.     P.  S.  91. 

393  See  1890,  321.     P.  S.  105,  161. 

394  See  1892,  404,  438;   1895,  39.     P.  S.  5. 

395  Repealed,  1896,  279.      (See  1892,  184  ;   1894,  62.)     P.  S.  30. 
398  Extended,  1889,  434  ;   1895,  350.     P.  S.  54,  109. 

401  Affected,  1892,  289.     P.  S.  161,  171. 

402  §  2  superseded,  1896,  490.     P.  S.  17. 

404  Repealed,  1893,  417.     (See  1890,  423.)     P.  S.  6. 

406  Affected,  1890,  387.     P.  S.  157. 

408  Superseded,  1893,  333.     P.  S.  221. 

412  In  part  superseded,  1893,  455,  456  ;   1894,  370.     P.  S.  221. 

413  Repealed,   1893,  417.      (See  1890,  219,  386,  436;   1891,  10,  31,  74, 

238,  269,  270;   1892,  279,  316,  368,  406.)     P.  S.  7,  9. 

414  Aft"ected,  1891,  307;   1892,  53.     §  4  amended,  1890,  251.     §§  6,  16 

amended,  1891,  158.     §    15  partially  repealed,   1893,  256.     §    18 
affected,  1893,  223.     (See  1896,  482.)     P.  S.  87. 

415  §  3  amended,  1890,  128.     §  6  limited,  1893,  62.     §  7  extended,  1891, 

313.   (See  1891,271,  407;  1894,  184;  1895,  308.)  P.  S.  162. 

416  Repealed,  1892,  318  §  16.  (See  1891,  194.)  P.  S.  48,  80. 

417  Repealed,  1895,  394.  P.  S.  157. 

418  Superseded,  1892,  230;  1893,  431;  1895,  364.   (See  1885,205; 

1889,  418.)     P.  S.  158. 

419  Amended,  1894,  266.     P.  S.  28. 

422     Repealed,  1894,  498.     (See  1890,  309  ;   1891,  426  ;   1892,  62.)     P.  S. 

48. 
427     Repealed,  1895,  311.      (See  1882,  106  ;   1884,  330  ;  1889,  452,   1890, 

329  ;  1891,  233,  275  ;  1893,  303.)     P.  S.  105,  118. 
434     Extended,  1895,  350.     P.  S.  109. 

439  Affected,  Res.,  1891,  108;  St.  1892,  251.     §  4  amended,  1890,  270. 

§   12  affected,  1890,  94.     Extended,  1895,  406.      (See  1891,  192; 
1892,  68;  1894,  307;  1895,  294.)     P.  S.  50,  80. 

440  Repealed,  1894,  393.     (See  1890,  50,  97,  126,  423  §  118;  1891,  76, 

191,  193,  292  ;  1893,  70,  108,  223,  438  ;  1894,  200.)     P.  8.  4. 
442     Amended,  1890,  427  §  2.     Affected,  1893,  340.     P.  S.  176. 

449  In  part  repealed,  1894,  317.     P.  S.  116. 

450  Repealed,  1892,  419.     P.  S.  104. 

451  Repealed,  1894,  444.      (See  1891,  229.)     P.  S.  35,  216. 

452  Affected,  1890,  310,  329  ;  1893,  230;  1896,  286.     P.  S.  117. 


858  Changes  in 

Statutes  of  1889  —  Concluded. 
Chap. 

454  §  5  affected,  1894,  309.     P.  S.  102. 

456  Repealed,  1892,  402.     (See  1892,  346.)     P.  S.  50. 

459  Repealed,  1896,  401.     P.  S.  153,  167. 

461  Repealed,  1896,  412.     (See  1895,  256.)     P.  S.  152. 

462  Affected,  1890,  420;  1893,  118.     P.  S.  139. 

463  See  1894,  407;   1895,  141.     P.  S.  221. 

464  Repealed,  1894,  498  §  30.      (See  1890,  384;    1891,  317,  361  ;    1894, 

188.)     P.  S.  47. 
466     Superseded,  1895,  288.     P.  S.  144. 
469     Affected,  1890,  440;   1891,  325.     P.  S.  199. 
471     §  4  superseded,  1892,  380.     P.  S.  159. 
473     Repealed,   1896,  517.      (See  1895,  501.)     P.  S.  21,  74. 
Res.,  104.     Added  to,  Res.,  1892,  26;   1895,  28. 

Statutes  of  1890. 

26  Superseded,  1894,  522  §§  42-44.     (See  1891,  289.)     P.  S.  119. 

44  Repealed,  1894,  317.     P.  S.  116. 

48  Repealed,   1894,   508.       (See    1890,   299;    1891,   317;    1894,   498.) 
P.  S.  48,   74. 

50  Repealed,  1894,  393.     P.  S.  4. 

58  §  2.     Amount  increased,  1891,  54;   1894,  245.     P.  S.  16. 

70  Superseded,  1894,  433.     P.  S.  207. 

83  Repealed,  1894,  481.      (See  1893,  111.)     P.  S.  104. 

90  Repealed,  1894,  508.     P.  S.  74. 

93  Superseded,  1893,  479.     P.  S.  154. 

95  Superseded,  1891,  210.     P.  S.  20. 

97  Affected,  1894,  393  §  7.     P.  S.  31. 

102  Affected,  1891,  188.     P.  S.  80. 

104  Affected,  1895,  462.      (See  1893,  443  ;   1894,  285.)     P.  S.  76. 

115  Superseded,  1893,  469.     P.  S.  158. 

126  §  1  amended,  1893,  70.     P.  S.  4. 

127  §§  2,  4,  apply  to  1893,  352.     §  3  affected,  1895,  75.     P.  S.  11. 

128  See  1891,  27i,  313,  407;  1894,  184.     P.  S.  162. 
137  In  part  superseded,  1892,  249.     P.  S.  103. 

141  See  1890,  380.     P.  S.  23. 

143  Superseded,  1892,  295.  P.  S.  23. 

154  See  1890,  451.  P.  S.  1^7. 

158  §  1  amended,  1891,  174.     P.  S.  24. 

160  Affected,  1891,  360.     §  3  extended,  1894,  484.     P.  S.  13. 

168  Repealed,  1894,  317.     P.  S.  116. 

173  See  1891,  204.     P.  S.  112. 

175  Repealed,  1893,  417.   (See  1890,  423  §  155.)  P.  S.  7. 

179  Repealed,  1894,  481.  P.  S.  104. 

180  See  1890,  278.     P.  S.  219. 

183     Affected,  1894,  508.     §  1  amended,  1892,  83.      (See  1892,  352,  357.) 
P.  S.  48,  74. 


THt:  Statutes.  859 

Statutes   of  1890  —  Continued. 

Chap. 

192  Amount  increased,  1893,  344;  1895,  459.     P.  S.  158. 

193  §  2  amended,  1891,  138.     Affected,  1895,  277.     P.  S.  91. 

196  Affected,  1896,  190.      §  2  amended,  1891,  49  ;  1892,  147.      (See  1893, 

78,  403.)     P.  S.  54. 

197  Amended,  1892,  129.     P.  S.  13. 

198  Affected,  1896,  384.     P.  S.  22. 

199  See  1891,  341  :   1894,  541  ;   1895,  311  ;   1896,  369.     P.  S.  106. 
201     Superseded,  1892,  187.     P.  S.  159. 

204  Affected,  1890,  215.     P.  S.  154,  155. 

206  See  1895,  482  ;  1896,  357.     P.  S.  23. 

209  Affected,  1891,  87.     P.  S.  199. 

213  See  1892,  286.     P.  S.  26. 

216  Extended,  1894,  183.     P.  S.  23. 

218  Affected,  1891,  236.      (See  1890,  440;   1891,  325,  416.)     P.  S.  159, 

217. 

219  Repealed,  1893,  417.   (See  1890,  423  §  228;  1891,  256.)  P.  S.  7. 

222  Repealed,  1894,  317.  P.  S.  116. 

223  Repealed,  1893,  417  §  204.   (See  1890,  423  §  228;  1892,  351; 

1894,  200.)  P.  S.  6. 

224  Affected,  1893,  396  §  29.     P.  S.  154,  184. 

229  Repealed,  1891,  327.     P.  S.  91. 

230  Amended,  1890,  395.     Affected,  1891,  220  ;    1895,   213;    1896,  332. 

P.  S.  102. 

239  Affected,  1895,  402.     §  1  amended,  1893,  112.     P.  S.  15. 

240  Aft'ected,  1893,  300.     P.  S.  27,  28. 

242  Affected,  1891,  65.      (See  Amendments  to  Const.     Art.  32.)     P.  S. 

11. 

243  Affected,  1890,  310;   1891,  403.     P.  S.  117. 

249     Superseded,  1894,  205.     (See  1891,  142  ;  1893,  189.  398  ;  1894,  102.) 
P.  S.  92. 

251  Affected,  1891,  158.      (See  1892,  53.)     P.  S.  87. 

252  §  1  amended,  1892,  67.     P.  S.  61. 

254  Repealed.  1893,  417.     (See  1891,  236.)     P.  S.  27. 

261  §  3  affected,  1895,  116.     P.  S.  156. 

278  See  1890,  180;  1894,  214.     P.  S.  88. 

284  Added  to,  1890,  452.     P.  S.  212. 

293  Amended,  1891,  122.     P.  S.  91. 

298  Repealed,  1894,  317.     P.  S.  116. 

299  Repealed,  1894,  508.     (See  1892,  352.)     P.  S.  48. 
302  See  1896,  381.     P.  S.  2. 

304  Superseded,  1894,  522  §§  7,  82.     P.  S.  119. 

305  Repealed,  1890,  423  §  228.      (See  1892,  351  ;    1893,  417.)     P.  S.  6, 

27. 

306  Affected,  1895,  175.     P.  S.  23. 

307  Repealed,  1894,  481.     (See  1894,  341.)     P.  S.  104. 

309  Repealed,  1894,  498.      (See  1891,  426  ;    1892,  62.)     P.  S.  48. 

310  Affected,  1891,  403.     §  2  in  part  repealed,  1896,  286.     P.  S.  117. 


860  Changes  in 

Statutes   of  1890  —  Continued. 

Chap. 

315     Affected,  1893,  114;   1896,  423.      (See  1892,  327.)     P.  S.  118. 

326     Affected,  1893,  315;   1894,  462.     P.  S.  113. 

329     Affected,  1895,  311.     P.  S.  105. 

331     See  1891,  288;  1892,  168,  370;   1894,  537.     P.  S.  12. 

335     See  Res.  1894,  90.     P.  S.  41. 

341     Superseded  in  part,  1894,  367.      (See  1890,  400,  421  ;  1891,  163,  233, 

360;  1892,  40,  201,372,  435;  1893,  47,  321,  418;  1894,  60,  328.) 

P.  S.  115,  119. 

346  Repealed,  1892,  402.     P.  S.  50. 

347  Affected,  1892,  255.     P.  S.  40. 

353  §  1  affected,  1891,  325  ;  1892,  200  §  3.     P.  S.  199. 

354  §  2  in  part  superseded,  1892,  407.     P.  S.  86. 

355  Amended,  1890,  405.     P.  S.  29. 

359  Extended,  1893,  396  §  59.     P.  S.  154. 

3(K)  Repealed,  1891,  87  §  2.     P.  S.  199 

364  Repealed,  1891,  366.      (See  1895,  378.)     P.  S.  113. 

365  Repealed,  1891,  179  §  5.      (See  1895,  186.)     P.  S.  28. 
369  Repealed,  1894,  317.     P.  S.  116. 

371     In  part  repealed,  1894,  501.     P.  S.  109. 

374  Amended,  1895,  372.     P.  S.  159. 

375  Superseded,  1894,  508.      (See  1891,  350  ;  1893,  406.)     P.  S.  74. 

379  Superseded,  1891,  272.      (See  1893,  200  §  4  ;  1894,  58.)     P.  S.  44. 

380  See  1893,  270.     P.  S.  23. 

381  Repealed,  1893,  417.     P.  S.  7. 

382  Affected,  1892,  228.     P.  S.  112. 

383  Affected,  1895,  404.     P.  S.  191. 

384  Repealed,  1894,  188,  498.      (See  1891,  317,  361.)     P.  S.  47. 

385  Affected,  1892,  382.     P.  S.  74. 

386  Repealed,  1893,  417.      (See  1891,  10,  31,  32,  74,  155,  270,  278,  305 ; 

1892,  51,  190,  351  ;  1893,  87,  177,  349,  351.)     P.  S.  7,  27. 

393  Repealed,  1893,  417.     P.  S.  7. 

394  Repealed,  1894,  317.     P.  S.  116. 

395  Affected,  1891,  220;  1895,  213;  1896,  332.     P.  S.  102. 

400     See  1890,  421  ;  1891,  163,  360  ;  1892,  201,  435  ;  1893,  47, 418  ;  1894, 
60,  328,  367.     P.  S.  115,  119. 

402  Affected,  1892,  305.     P.  S.  32. 

403  See  1890,  410.     P.  S.  203. 

404  Affected,  1895,  228,  350.      (See    1891,  370 ;    1892,274.)     P.  S.  61, 

109. 
406     Extended,  1891,  171.     P.  S.  13. 
408     See  1893,  379.     P.  S.  144. 

414     Affected,  1891,  158;  1892,  53,  229;  1895,  390.     P.  S.  87. 
416     Affected,  1892,  428;  1895,  497;  1896,  183.     P.  S.  192. 

419  §  2  repealed,  1890,  423   §   222.     (See  1883,  229  §  1  ;  1885,  261  §  1  ; 

1886,  262  §  3;   1891,  32;    1893,  417  §   116;   1895,  285.)     P.  S. 
7,27. 

420  Affected,  1893,  372.     P.  S.  156. 


THE  Statutes.  861 

Statutes   of  1890  —  Concluded. 

Chap. 

421  Affected,  1892,  435  ;  1894,  367,  381  ;  1895,  104,  281, 340;  189fi,  102, 
515.  (See  1891,  360 ;  1892,  201  ;  1894,  522  §  3.)  §  13  amendea, 
1896,  515  §  6.  §  20  amended,  1895,  263  ;  1896,  515  §  7.  §  24 
extended,  1892,  372.     P.  S.  119. 

423     Repealed,  1893,  417.     (See   1891,  31,  32,  155,   256,  264,  269,  270, 

277,  278,  286,  290,  305,  314,  328,  329,  395  ;  1892,  51,  115,  124, 
190,  224,  279,  316,  332,  351,  368,  405,  406,  416,  431  ;  1893,  39, 
146,  307,  308;  1894,  200,  268.)     P.  S.  6,  7,  27. 

425     Superseded,  1893,  367.      (See,  1891,  232  §  5.)     P.  S.  14. 

427  Affected,  1893,  340.     P.  S.  176. 

428  Affected,   1892,   178;    1893,  424;    1895,    103.     Operation   partially 

suspended,  1893,  179.  Not  affected  by,  1891,  170.  §  1  extended, 
1891,  33  §  2  ;  1894,  216  ;  amended,  1891,  262.  §  2  amended,  1891, 
33.  §  4  amended,  1892,  312.  §  5  added  to,  1891,  123.  §  7 
amended,  1893,  283  ;  1894,  545  ;  affected,  1896,  439,  §  3.  §  10 
amended,  1896,  439.      (See  1892,  228.)     P.  S.  112. 

431  Repealed,  1895,  209.  (See  1893,  405  §§  2,  5  ;  1894,  261.)  P.  S. 
157. 

436     Repealed,  1893,  417   §   345.      (See   1891,  10,  31,  32,  74,   155,  270, 

278,  305;   1892,  406  ;   1893,  351.)     P.  S.  7. 

438  Repealed,  1894,  481.      (See  1891,  261.)     P.  S.  104. 

439  §§  1,  2  amended,  1893,  226  ;   1894,  542.     P.  S.  115. 

440  Affected,  1891,  236,  325,  392,  416.     §  5  repealed,   1891,  416  §§  8, 

10.  (See  1893,  396  §§  9,  49  ;  1896,  225.)  §  11  amended,  1891, 
70.     Affected,  1893,  396  §  1.     P.  S.  22,  25,  154,  155,  199,  217. 

441  See  1896,  252.     P.  S.  80. 

447  Affected,  1893,  237.     §  1  amended,  1893,  279.     P.  S.  30. 

448  §  9  repealed,  1894,  525.     P.  S.  68. 

449  §  2  amended,  1891,  144.     P.  S.  67. 

450  Affected,    1891,    274;    1892,    177;    1894,   375.      (See    1893,   401.) 

P.  S.  35. 
456     Affected,   1894,  298;   1896,  342.     §§  1,  2,  3,  6  amended,  1891,  223, 

§  1  amended,  1895,  410.     P.  S.  2. 
Res.  55,  extended,  1891,  372  §  2.     P.  S.  221. 
Res.  58.     See  Res.,  1895,  54. 
Res.  73.     See  Res.,  1891,  70  ;  1893,  87  ;  1895,  106.     P.  S.  1. 

Statutes  of  1891. 

10     Repealed,  1893,  417.      (See  1891,  155  ;  1892,  51  ;  1893,  87.)     P.  S. 

7,  27. 
15     Extended,  1894,  27,  117.     P.  S.  203. 

31  Repealed,  1893,  417.      (See  1893,  87.)     P.  S.  27. 

32  Repealed,  1893,  417.     P.  S.  27. 

33  Affected,  1891,  262;  1895,  103.     (See  1892,  312;  1893,  283.)     P.  S. 

112. 
49     Affected,  1892,  147;    1896,  190.      (See   1893,  78,  403.)      P.  S.  54. 


862  Changes  in 

Statutes  of  1891  —  Continued. 
Chap. 

54  Superseded,  1894,  245.     P.  S.  16. 

58  Affected,  1891,  412.     §  1  amended,  1894,  280  §   6;   1896,   377   §   1. 

P.  S.  56    57. 

65  See  1894,  220.     P.  S.  11. 

70  Affected,  1891,  325  ;   1893,  396  §  1.     P.  S.  154. 

74  Repealed,  1893,  417.     P.  S.  7. 

76  Repealed,  1894,  393.     P.  S.  4. 

79  Superseded,  1893,  288.     P.  S.  22. 

80  Superseded,  1892,  399.     P.  S.  22. 
91  Superseded,  1893,  469.     P.  S.  158. 

97  Amended,    1893,  380;    affected,   1892,  245;    1893,  65;   1894,  528; 

1895,  117,  127,  227  ;  1896,  236,  251.     (See  1892,  402  ;  1896,  359.) 

P.  S.  50. 

107  Superseded,  1894,  336.     P.  S.  154. 

113  In  part  superseded,  1894,  297.     P.  S.  17. 

116  Extended,  1893,  149.     P.  S.  11. 

123  Affected,  1892,  178;  1894,  216.      (See  1892,  312.)     P.  S.  112. 

125  Repealed,  1892,  410.     P.  S.  74. 

138  Affected,  1895,  277.     P.  S.  91. 

142  §    1   repealed,   1894,205.      (See  1893,  189,  398;   1894,102.)     P.  S. 

92. 

155  Repealed,  1893,  417.      (See  1891,  278  ;  1893,  87.)     P.  S.  27. 

158  Affected,  1892,  53.     P.  S.  87. 

163  See  1891,  233  ;  1892,  40,  435  ;  1893,  47  ;   18M,  60,  328,  367.     P.  S. 

115,  119. 

170  §  3  affected,  1896,  158.     P.  S.  51. 

177  §  1  amended,  1893,  272.     P.  S.  43. 

179  See  1895,  186.     P.  S.  28. 

180  Affected,  1891,  419  ;  1892,  348.     (Sec  1893,  376.)     P.  S.  160. 
185  Amended,  1891,  406.     P.  S.  81. 

187  See  1892,  430.     P.  S.  23. 

189  Added  to,  1893,  397.     P.  S.  106. 

191  Repealed,  1894,  393.     P.  S.  4. 

193  Repealed,  1894,  393.     P.  S.  4. 

194  Affected,  1892,  318.     P.  S.  48,  80,  141. 

195  See  1894,  133  §  3,  522  §  80.     P.  S.   119. 
200  See  1895,  273.     P.  S.  215. 

210  See  1893,  78.     P.  S.  20. 

220  Affected,  1895,  213;   1896,  332.     P.  S.  102. 

221  Affected,  1893,  23.     P.  S.  29. 

223  Affected,  1894,  298  ;  1896,  342.     §  1  amended,  1895,  410.     P.  S.  2. 

224  Affected,  1892,  438  §  2.     P.  S.  5. 

225  See  1892,  253.     P.  S.  22. 

'228  See  1891,  371.     P.  S.  220,  221. 

229  Affected,  1894,  444.     P.  S.  35,  216. 

232  Superseded,  1893,  367.      (See  1890,  425  §  12.)     P.  S.  14. 

233  Affected,  1893,  224;   1894,  522  §  94.     P.  S.  16,  119. 


THE  Statutes.  863 

Statutes    of  1891  —  Continued. 

Chap. 

235  See  Res.  1894,  14,  94;  1895,  62,  104;  1896,  80.  P.  S.  21. 

236  §  1  affected,  1891,  416.  §  2  affected,  1891,  392.  P.  S.  217. 

238  Repealed,  1893,  417.  P.  S.  7. 

239  Repealed,  1894,  508.  (See  1895,  438.)  P.  S.  74. 

242  Repealed,  1892,  351  §§  17-19,  48.   (See  1893,  417.)  P.  S.  6. 

254  Affected,  1892,  102  ;  1893,  105.  P.  S.  92. 

256  Repealed,  1893,  417.  P.  S.  7. 

262  See  1892,  312  ;  1893,  283  ;  1895,  103.  P.  S.  112. 

263  Superseded,  1894,  436.  (See  1895,  94,  212.)  P.  S.  44. 

264  Repealed,  1893,  417.  P.  S.  7. 

265  See  1894,  126.  P.  S.  38. 

269  Repealed,  1893,  417.  P.  S.  7. 

270  Repealed,  1893,  417.  (See  1892,  406.)  P.  S.  7. 

271  See  1894,  184.  P.  S.  162. 

272  Superseded,  1893,  200  ;  1894,  58.  P.  S.  44. 

274  Affected,  1892,  177.  (See  1894,  375.)  P.  S.  35. 

275  Repealed,  1895,  311.  (See  1893,  303.)  P.  S.  118. 

277  Repealed,  1892,  351  §§  9,  48.  (See  1893,  417.)  P.  S.  6. 

278  Repealed,  1893,  417.  P.  S.  7. 

286  Repealed,  1892,  351  §§  4,  6,  48.  (See  1893,  417.)  P.  S.  6. 

288  See  1892,  109,  168,  370.  P.  S.  12. 

289  Superseded,  1894,  522  §  38.     P.  S.  119. 

290  Repealed,  1892,  351  §  48.     (See  1893,  417.)     P.  S.  6. 

291  Superseded,  1894,  522  §  60.     P.  S.  119. 

292  Repealed,  1894,  393.     P.  S.  4. 

295  Extended,  1896,  344.     P.  S.  221,  222. 

300  In  part  repealed,  1893,  130.     P.  S.  20. 

302  Repealed,  1894,  481.     (See  1891,  357  §  6.)     P.  S.  104. 

304  Affected,  1894,  461.     P.  S.  207. 

305  Repealed,  1893,  417.     P.  S.  7. 

314  Repealed,  1893,  417.     P.  S.  7. 

315  Affected,  1893,  99.     P.  S.  22,  190. 

317  Repealed,  1894,  508.     (See  1894,  188,  498.)     P.  S.  47,  74. 

318  Superseded,  1893,  469.     P.  S.  158. 

323  Affected,  1892,  401  ;  1895,  494.  (See  1893,  437.)  P.  S.  50.  §§2, 
5,  9  amended  and  §§  8,  10,  11,  14,  17  superseded,  1892,  418; 
1896,  237.     (See  1892,  415.)     P.  S.  49. 

325  Affected,  1893,  396  §  1.     (See  1892,  200.)     P.  S.  199. 

327  See  1893,  205.     P.  S.  91. 

328  Repealed,  1893,  417.   (See  1892,  431  ;  1893,  146,  308.)  P.  S.  7. 

329  Repealed,  1893,  417.  (See  1893,  307.)  P.  S.  7. 
336  Repealed,  1893,  417.  P.  S.  27. 

341  §  2  repealed,  1894,  541.  (See  1895,  311.)  P.  S.  105. 

349  See  1892,  416.  P.  S.  205. 

350  Repealed,  1894,  508.     (See  1893,  406.)     P.  S.  74. 

351  Repealed,  1895,  463.     P.  S.  61. 
355  Extended,  1896,  313.     P.  S.  104. 


864  Changes  in 

Statutes    of   1891  —  Concluded. 
Chap. 

356  Affected,  1891,  427  ;   1892,  276  ;   1894,  229,  368,  372.     §  1  amended, 

1892,  242.     (See  1892,  303.)     P.  S.  212. 

357  §§  1,  3,  4  amended,  1892,  296.     Affected,  1893,  246.     P.  S.  80. 

360  Amended,   1892,   198.     Restricted,  1892,  201.     Affected,  1895,  104. 

§  3  affected,  1896,  523.     P.  S.  105. 

361  Repealed,    1894,    498.       (See    1891,   426;     1892,   62;     1894,    188.) 

P.  S.  47. 

362  Repealed,  1895,  469  §  4.  P.  S.  153. 

365  Affected,  1892,  424.   (See  1893,  481  ;  1894,548;  1895,450;  1896, 

516.)  P.  S.  113. 

366  Repealed,  1895,  378.  P.  S.  113. 

368  Repealed,  1894,  137.   (See  1892,  47;  1894,  522.)  P.  S.  119. 

370  Affected,  1892,  259;  1893,  454;  1894,  182,448,533;  1895,  228, 

350,  420;  1896,  356,  426.  §  12  amended,  1893,  454;  1894,  538. 
P.  S.  27,  28,  61,  106,  109. 

371  See  1894,  451.  P.  S.  221. 

372  Superseded,  1892,  267.     P.  S.  219,  221. 
375     Affected,  1894,  397.     P.  S.  16. 

379     §  2  amended,   1894,  204.     §  4  limited,  1893,  365.     §   10  amended, 

1893,  324.     P.  S.  17,  152. 

395  Repealed,  1893,  417.     P.  S.  6. 

396  In  part  repealed,  1896,  519.     P.  S.  9. 

402  Affected,  1893,  124.     P.  S.  44. 

403  Affected,  1896,  286.     P.  S.  117. 

404  See  1892,  347.     P.  S.  35. 

405  §  1  amended,  1893,  311.     P.  S.  2. 
407  See  1894,  184.     P.  S.  162. 

412  §§  1,  2,  4,  9  amended,  1894,  280.  §  5  amended,  1896,  377  §  2.  §  8 
partially  repealed,  1895,  214.  Affected,  1892,  139.  P.  S.  20,  56, 
57. 

415     §  3  see  1895,  116.     P.  S.  156. 

419     Affected,  1892,  348.     (See  1893,  376.)     P.  S.  160. 

425  Affected,   1893,  432.      Limited,    1895,   307;     1896,   108.      §§   4,  9 

amended,   1895,  430.     §   12  amended,  1892,  379.     P.  S.  11,  136. 

426  Repealed,  1894,  498.      (See  1892,  62.)     P.  S.  47. 

427  Affected,   1892,   160,  200,  242;    1894,  229,368.     §§  2,  3  repealed, 

1893,  414.     §  5  amended,  1892,  303  ;  1893,  447.     P.  S.  207. 
Res.  70.     See  Res.,  1893,  87;  1895,  106.     P.  S.  1. 

Statutes  of  1893. 

40     Superseded,   1894,  367  §   10.     (See  1892,435;   1893,47,321,418; 

1894,  60,  328,  381.)      P.  S.  115,  119. 

47  Repealed,  1894,  137.  (See  1894,  522  §  20  ;  1895,  59  §  1.)  P.  S.  119. 

51  Repealed,  1893,  417.  P.  S.  27. 

53  See  1892,  229  ;  1894,  195.  P.  S.  87. 

62  Repealed,  1894,  498.  (See  1894,  188.)  P.  S.  47. 


THE  Statutes.  865 

Statutes   of  1892  —  Continued. 

Chap. 

83  Repealed,  1894,  508  §  12.   (See  1892,  352,  357.)  P.  S.  74. 

87  In  part  superseded,  1893,  153  ;  1895,  393.  P.  S.  159. 

96  Superseded,  1895,  90.  P.  S.  11. 

102  See  1893,  105.  P.  S.  92. 

107  §§  1,  3,  5  amended,  1895,  246.  P.  S.  159. 

109  See  1892,  168,  370  ;  1894,  537.  P.  S.  12. 

115  Repealed,  1893,  417.   (See  1893,  39.)  P.  S.  7,  10. 

124  Repealed,  1893,  417.  P.  S.  15. 

133  See  1893,  404,  452  ;  1894,  68,  330.  P.  S.  159. 

147  See  1893,  78,  403  ;  1896,  190.  P.  S.  54. 

148  In  part  superseded,  1893,  396  §  17.  P.  S.  154. 

159  Extended,  1895,  373.   (See  1894,  127.)  P.  S.  17. 

160  See  1892,  200,  242,  303  ;  1893,  414,  447.  P.  S.  207. 
168  See  1892,  370.  P.  S.  12. 

177  §  3  amended.  1894,  375.  P.  S.  35. 

178  See  1893,  283.  P.  S.  112. 

184  Repealed,  1896,  279.   (See  1894,  62.)  P.  S.  30. 

187  See  1896,  218.  P.  S.  159. 

188  Affected,  1896,  268.  §  4  amended,  1893,  55.  Construed,  1893,  255. 

P.  S.  91. 
190  Repealed,  1893,  417.  P.  S.  7. 
195  Repealed,  1894,  491.   (See  1892,  432;  1893,  306;  1895,  496.) 

P.  S.  58,  90. 
200  See  1892,  303;  1893,  414,  447.  P.  S.  207. 
210  Repealed,  1894,  508.  P.  S.  74. 
224  Repealed,  1893,  417.  P.  S.  7,  27. 

228  See  1895,  426.  P.  S.  113. 

229  Repealed,  1895,  286.     (See  1895,  429.)     P.  S.  87. 

230  Amount  increased,  1893,  431  ;   1895,  364.     P.  S.  158. 
238     Superseded,  1893,  367.     P.  S.  14. 

242  See  1892,  276;   1894,  372.     P.  S.  212. 

243  Amended  1895,  375.     P.  S.  87. 

245  Affected,  1894,  528;  1895,  117,  227.  §  7  see  1896,  269.  §  8 
amended,  1895,  127.  (See  1893,  65,  380  ;  1896,  236,  251.)  P.  S. 
29,  50. 

248     Repealed,  1894,  317.     P.  S.  116. 

259  Affected,   1893,   454;    1894,   182,   448,   553   §   3 ;    1896,   356,   426. 

P.  S.  27,  28,  61. 

260  Amended,    1893,   359.      (See  1894,   499;    1895,   362    §   7.)     P.    S. 

74. 

262  §  2  affected,  1893,  148.     P.  S.  15,  25,  100. 

263  Affected,  1896,  356,  426.     P.  S.  61,  109. 

268  In  part  superseded,  1893,  396  §  55.     P.  S.  154. 

271  Superseded,  1896,  526.     P.  S.  152. 

276  See  1894,  229.     P.  S.  212. 

279  Repealed,  1893,  417.     P.  S.  9. 

280  §  1  amended,  1896,  440.     P.  S.  100. 


SG6  Changes  in 

Statutes  of  1892  —  Continued. 
Chap. 

287  Repealed,  1893,  86.     P.  S.  5. 

291  Superseded,  1894,  279  §  9.     P.  S.  30. 

296  Repealed,  1894,  508.      (See  1893,  246.)     P.  S.  74,  80. 

303  Amended,  1893,  447.     P.  S.  221. 

305  §  2  amended,  1894,  402.     P.  S.  32. 

312  See  1893,  283;   1894,  216;   1895,  103.     P.  S.  112. 

314  Affected,  1894,  206.     P.  S.  32. 

316  Repealed,  1893,  417.     P.  S.  7. 

318  Affected,  1895,  310  §  2.     P.  S.  102. 

330  Repealed,  1894,  508.      (See  1894,  437.)     P.  S.  74. 

332  Repealed,  1893,  417.      (See  1892,  368.)     P.  S.  7. 

337  §§  1-3  revised,  1894,  377.     P.  S.  156,  158. 

347  See  1893,  401.     P.  S.  35. 

351  Repealed,  1893,  417.      (See  1893,  209.)     P.  S.  6. 

352  Repealed,  1894,  508.     (See  1892,  357.)     P.  S.  74. 

353  §  2  amended,  1893,  51.      (See  1892,  378.)     P.  S.  103. 
357  Repealed,  1894,  508.     P.  S.  74. 

359  See  1895,  394.     P.  S.  157. 

361  See  1894,  406.     P.  S.  212. 

366  Affected,  1893,  367  §  29  ;   1894,  312  ;  1896,  182.     P.  S.  14. 

368  Repealed,  1893,  417.     P.  S.  7. 

372  Superseded,    1894,   522    §    73.      (See   1893,   434;    1894,    120,  225.) 

P.  S.  119. 

374  Affected,  1893,  424.     P.  S.  112. 

379  See  1893,  432  ;  1895,  307.     P.  S.  135. 

401  Affected,  1893,  437  ;   1894,  82  ;    1895,  297,  494.     P.  S.  50. 

402  Affected,  1895,  297,  494;  1896,  237,  359.     §  3  amended,  1894,  256. 

§  6  amended,  1894,  227.     P.  S.  50. 

403  Repealed,  1893,  183.     P.  S.  91. 

404  See  1892,  438;   1893,  129,  450;   1894,  532;    1895,  39,  490;    1896, 

531.     P.  S.  5. 

405  Repealed,  1893,  417.     (See  1893,  146.)     P.  S.  7. 

406  Repealed,  1893,  417  §§  92-95.     (See  1894,  343  ;  1896,  383.)     P.  S.  7. 

409  §§  1,  2  amended,  1895,  419  §§  7,  8.     P.  S.  99. 

410  Repealed,  1894,  508.     P.  S.  74. 

411  Does  not  apply  to  1894,  326.     P.  S.  192. 

416     Repealed,  1893,  417.      (See  1893,  376.)     P.  S.  7,  160. 

418  Affected,  1895,  494.     §§   6,  7,  10  superseded,  1896,  237.     P.  S.  49. 

419  Amended,   1893,   170,464;    1894,443.     §   36   amended,  1896,416. 

§  55  amended,  1895,  280.  §  81  amended,  1895,  314.  §  82  re- 
pealed, 1893,  293.  §  106  superseded,  1895,  97.  §  108  amended, 
1895,  239.  §  111  amended,  1896,  520.  §  125  amended,  1893, 
279.  (See  1894,  257,  319,  414.)  P.  S.  104. 
425  See  1893,  395;  1894,  391,  465,  526;  1895,  399.  Res.  1896,  41. 
P.  S.  87. 

431  Repealed,  1893,  417.      (See  1893,  146,  308.)     P.  S.  7. 

432  Repealed,  1894,491.      (See  1893,306  §  5;    1895,496.)     P.  S.  58. 


THE  Statutes.  867 

Statutes    of   1893  —  Concluded. 
Chap. 

433  Affected,  1893,  424;  §  4  amended,  1894,  467.     P.  S.  112. 

435  See  1893,  47,  418;  1894,  60,  328,367;  1895,  340;   1896,  515.     P.  S. 

115. 

438  See  1895,  39.     P.  S.  5. 

Res.  ch.  84  repealed,  1894,  279,  301.     P.  S.  30. 

Statutes  of  1893. 

39  Repealed,  1893,  417.     P.  S.  10. 

41  Repealed,  1895,  434.     P.  S.  98. 

47  See  1893,  321,  418;  1894,  60,  328,  367.     P.  S.  115. 

49  See  1893,  105.     P.  S.  92. 

54  Superseded,  1894,  522  §  51.     P.  S.  119. 

55  Affected,  1896,  268.     P.  S.  91. 
60  Repealed,  1893,  423.     P.  S.  27. 

65  See  1893,  380  ;  1895,  227.     P.  S.  50. 

70  See  1894,  393.     P.  S.  4. 

80  Affected,  1896,  229.     P.  S.  91. 

87  Repealed,  1893,  417.     P.  S.  7,  27. 

95  Amended,  1896,  502.     P.  S.  21. 

108  Repealed,  1894,  393.     P.  S.  4. 

111  Repealed,  1894,  481.     P.  S.  104. 

112  Affected,  1895,  402.     P.  S.  15. 

117  Superseded,  1894,  522  §  61.     P.  S.  119. 

129  See  1895,  39.     P.  S.  5. 

141  See  1896,  258.     P.  S.  15. 

146  Repealed,  1893,  417.     P.  S.  7. 

148  Amended,  1896,  443.     P.  S.  24. 

153  See  1895,  393,  480.     P.  S.  159. 

156  Affected,  1895,  113.     P.  S.  22. 

160  Repealed,  1895,  492.     P.  S.  22. 

170  See  1893,  293,  297,  464.     P.  S.  104. 

172  Affected,  1896,  268.     P.  S.  91. 

174  Repealed,  1894,  317.     P.  S.  116. 

177  Repealed,  1893,  417.     P.  S.  7. 

189  Repealed,  1894,  205.      (See  1893,  398;   1894,  102.)     P.  S.  92. 

193  Superseded,  1893,  367  §  13.     P.  S.  14. 

194  Superseded,  1893,  280.     P.  S.  146. 
197  Affected,  1896,  288,  382.     P.  S.  84. 

199  Repealed,  1894,  481.      (See  1894,  337,  382.)     P.  S.  104. 

200  §  4  superseded,  1894,  58.     P.  S.  44. 

201  Extended,  1895,  88.     P.  S.  91. 
209  Repealed,  1893,  417.     P.  S.  6. 

217  See  1893,  252;   1896,  268,  382.     P.  S.  84. 

223  Superseded,  1894,  393  §  7.     P.  S.  4. 

224  See  1894,  522.     §§  79,  94.     P.  S.  119. 

225  See  1893,  300  §  6,  331.     P.  S.  27,  28. 


86S  Changes  in 

Statutes    of   1893  —  Continued. 
Chap, 

226  §  2  repealed,  1894,  542  §  2.     P.  S.  115. 

227  Repealed,  1896,  397.     (See  1893,  472.)     P.  S.  80. 

230  Repealed,  1894,  317.     P.  S.  116. 

231  Superseded,  1893,  367  §  13.     P.  S.  14. 
237     Affected,  1893,  279.     P.  S.  30. 

246  Repealed,  1894,  508.     P.  S.  74,  80. 

247  §  1  amended,  1893,  445.     P.  S.  11. 
252     See  1896,  268,  382.     P.  S.  84. 

254     Repealed,  1894,  317.     P.  S.  116. 

270     See  1894,  183  ;  1895,  143.     P.  S.  23. 

274     See  1894,  452.     P.  S.   109. 

283     Affected,  1893,  424  ;  1894,545;   1895,103;   1896,  439.     Amended, 

1894,  545.     P.  S.  112. 
287     Repealed,  1896,  248.      (See  1896,  258.)     P.  S.  15. 
293     See  1893,  297,  464;  1894,  414.     P.  S.  104. 
297     See  1893,  464.     P.  S.  104. 
300     Affected,  1896,  199.     §  1  extended,  1896,  313.     §  6  repealed,  1893, 

416.     P.  S.  27,  28,49. 

303  Repealed,  1895,  311.      (See  1896,  391.)     P.  S.  105. 

304  Repealed,  1893,  417.     P.  S.  27. 

306  Repealed,  1894,  491.      (See  1895,  496.)     P.  S.  58,  90. 

307  Repealed,  1893,  417.     P.  S.  7. 

308  Repealed,  1893,  417.     P.  S.  7. 

315     Repealed,  1894,  472.      (See  1894,  462,  502.)     P.  S.  112,  113. 

321     See  1894,  60,  328,  367.     P.  S.  115. 

325     See  1895,  39.     P.  S.  5. 

327     Superseded,  1894,  136.     P    S.  159. 

344     Amount  increased,  1895,  459.     P.  S.  158. 

349     Repealed,   1893,  417.      (See  1893,  351.)     P.  S.  7. 

351     Repealed,   1893,  417.     P.  S.  7. 

353     Repealed,  1895,  389.     P.  S.  80. 

359     Affected,  1894,  499.     (See  1895,  362  §  7.)     P.  S.  74. 

367  §§  11,  13,  33,  94,  95,  124,  125,  128  affected,  1895,  465.  §§  22,  25 
partially  repealed,  1894,  236.  §  29  affected,  1894,  312.  §  29  re- 
vised, 1896,  182.  (See  1894,  312.)  §  65  amended,  1896,  425. 
§  127  amended,  1896,  348.     §  133  amended,  1893,  439.     P.  S.  14. 

371     Affected,  1895,   125.     P.  S.  154. 

376     Repealed,  1893,  417.     P.  S.  7,  160. 

379  See  1893,  469.     P.  S.  158. 

380  Affected,  1894,  528.      (See  1895,  117,  127,  227.)     P.  S.  50. 

386  Repealed,   1894,  508.     P.  S.  74. 

387  Repealed,  1894,  481.     (See  1895,  418.)     P.  S.  102,  103. 

395  Amended,  1894,  526.      (See  1894,  391,  465  ;   1895,  399.)     P.  S.  87. 

396  Affected,  1894,  142,  173,  431 ;  1896,  220.     §§  13, 17  amended,  1894, 

398.     §  67  amended,  1895,  245.     §  33  in  part  repealed,  1895,  234 
§  9.      (See  1894,  431.)     P.  S.  154,  155,  187. 
398     Repealed,  1894,  205.     P.  S    92. 


THE  Statutes.  869 

Statutes    of  1893  —  Continued. 
Chap. 

403     See  1896,  190.     P.  S.  52. 

405  §  2  repealed,  1895,  209.      (See  1894,  261.)      §  4  repealed,  1894,  30. 

P.  S.  157. 

406  Repealed,  1894,  508.     P.  S.  74. 

407  Extended,    1894,   288,483,509;   1895,  305,  450  ;  1896,  465.     §  2  in 

part  repealed,   1894,   393   §    7.       §   4   amended,  1895,   272.     §   9 
amended,  1894,  483   §  4.     §    11    amended,   1894  509    §   2.      (See 
1893,475;    1895,  283;   1896,  199,  466.)     §§   10,  11,  12  repealed, 
1896,  550.     P.  S.  27,  49,  80. 
414     See  1893,  447.     P.  S.  207. 

417  §   2  affected,  1894,  449  ;    1895,   502 ;    1896,  393.     §    7  superseded, 

1894,  508  §  4.  §§  16,  17  amended,  1894,  268.  §  20  affected, 
1894,271  §  4;  1895,  61.  §  35  amended,  1895,  207.  §§  37, 
39  affected,  1896,  73.  §§  37,  40,  49,  56  amended,  1894,  271. 
§§  38,  39  amended,  1895,  27.  §  41  amended,  1895,  2.  §  45 
affected,   1896,    109.     §  48   amended,   1894,   291.     §  49  repealed, 

1895,  61.  §§  54,  226,  229  affected,  1895,  355.  §§  62,  64,  65,  72 
amended,  1896,  469.  §§  71-74  affected,  1894,504;  1895,  489, 
502,507;  1896,  435,  469.    §  75  affected,  1895,  323.     §  78  affected, 

1895,  237;  amended,  1895,  262;   1896,  469  §  5.     §   79  amended, 

1896,  469  §  6.  §  80  amended,  1895,  253.  §  81  amended,  1895, 
262.  §  82  amended,  1895,  244.  §  87  amended,  1896,  469  §  7. 
§§  92-95  superseded,  1896,  383.  (See  1894,  343.)  §  97  amended, 
1896,  244.  §  99  repealed,  1895,  220.  §  101  extended,  1894,  132. 
§  116  repealed,  1895,  285.  §  123  affected,  1895,  508.  §  136 
amended,  1895,  196.  §  149  amended,  1895,  275  ;  1896,  469  §  8. 
§  150  amended,  1894,  275.  §§  162,  163  affected,  1896,  518. 
§§  172,  173  affected,  1895,  240.  §  179  amended,  1896,  469  §  9. 
§  204  amended,  1894,  200.  §§  207,  210  amended,  1894,  385. 
§§  209,210,  211  repealed,  1895,  299.  (See  1895,  89.)  §  238 
affected,  1894,  248  ;  1895,  242.  §  254  repealed,  1895,  100.  §  266 
amended,  1894,  16;  affected,  1894,  132  §  10.  §§  293-308,  see 
1893,  465.  §§  336,  337  superseded,  1894,  508  §§  4,  5,  58,  78. 
(See  1894,  209.)     P.  S.  6,  7. 

418  See  1894,  367.     P.  S.  115. 

419  §  1  amended,  1894,  181.     P.  S.  192. 

423     §  4  affected,  1895,  142.     §   25  amended,  1894,  17.      §   26   affected, 
1896,  190.     P.  S.  27. 

431  Amount  increased,  1895,  364.     P.  S.  158. 

432  See  1895,  276,  392;  1896,  326.     P.  S.  16. 

434     Superseded,    1894,    522    §    73.       (See    1894,    120,    225.)       P.    S. 
119. 

436  Repealed,  1895,  461.     P.  S.  207. 

437  Affected,  1894,  82  ;  1895,  494.     P.  S.  50. 

438  See  1894,  393  §  7.     P.  S.  4. 

443     Repealed,  1895,  462.     (See  1894,  285.)     P.  S.  76. 
452     §  1  amended,  1894,  68.     P.  S.  159. 


870  Changes  in 

Statutes   of  1893  —  Concluded. 
Chap. 

454  Affected,  1894,  448,  533  ;  1895,  350,  420  ;  1896,  356.     §  5  amended, 

1894,  538.     §  7  amended,  1894,  432.     §   9  amended,   1894,   182. 
P  S.  27    28. 

455  Affected,  1894,  370.     P.  S.  221. 

456  Affected,  1894,  370.     P.  S.  221. 

461  Affected,  1894,  409  §  5 ;   1896,  306.     P.  S.  145. 

462  Affected,  1896,  313.     P.  S.  54,  104. 
465     Extended,  1896,  498.     P.  S.  7. 

469     Affected,  1894,  527.     P.  S.  158. 

472     Repealed,  1896,  397.      (See  1894,  435.)     P.  S.  100. 

476  Affected,  1894,  393  §  7  ;  1895,  347,  486  ;  1896,  345,  481,  541.     §§  6, 

7,  8,  9,  11,  13  repealed,  1894,  497.     P.  S.  49. 

477  Extended,  1894,  455.     Affected,  1895,  453.     P.  S.  80,  102. 
Res.  12.     Repealed,  St.  1894,  387. 

Res.  87.     See  Res.  1895,  106.     P.  S.  1. 

Statutes  of  1894. 

19  Superseded,  1894,  522  §  15.  P.  S.  119. 

27  See  1894,  117.  P.  S.  203. 

eO  See  1894,  328,  367.  P.  S.  115. 

62  Repealed,  1896,  279.  P.  S.  30. 

77  Extended,  1896,  124.  P.  S.  119. 

82  See  1895,  297.  P.  S.  50. 

103  Superseded,  1894,  522  §  22.  P.  S.  119. 

120  Superseded,  1894,  522  §  73.  (See  1894,  225.)  P.  S.  119. 

127  Extended,  1895,  373.  P.  S.  17. 

130  §§  4,  5  amended,  1896,  162.  P.  S.  77,  100. 

132  §  2  amended,  1895,  89.  P.  S.  7. 

133  Superseded,  1894,  522  §§  29,  31,  80.  P.  S.  119. 
137  Superseded,  1894,  522  §§  20,  56.  P.  S.  119. 

142  See  1894,  173,  398,  431.  P.  S.  154. 

143  §  2  amended,  1895,  57.  P.  S.  20. 
146  See  1895,  243.  P.  S.  29. 

160  See  1894,  270,  406.  P.  S.  169. 

173  §  1  amended,  1896,  220.  (See  1894,  398,  431.)  P.  S.  154. 

174  Superseded,  1895,  332.  P.  S.  80. 
176  See  1895,  132.  P.  S.  41. 

184  Repealed,  1895,  308.  P.  S.  162. 

188  Repealed,  1894,  498.   (See  1894,  508.)  P.  S.  47. 

195  Affected,  1895,  286,  429.  (See  1894,  251.)  P.  S.  87. 

198  §  6  amended,  1895,  28.  P.  S.  65. 

200  See  1894,  393.  P.  S.  4. 

209  See  1894,  508.  P.  S.  74. 

218  Affected,  1895,  398,  506.  §  1  amended  and  §  2  repealed,  1894,  473. 

§  3  limited,  1895,  506.  P.  S.  27,  80. 

224  Affected,  1894,  238  §  5,  332  ;  1896,  8.  P.  S.  31. 


THE  Statutes.  871 

Statutes   of  1894  —  Continued. 
Chap. 

225  Superseded,  1894,  522  §  73.     P.  S.  119. 

227  See  1894,  256  ;  1895,  297,  494  ;  1896,  237,  359.     P.  S.  50. 

229  Affected,  1894,  368.     P.  S.  212. 

248  Rei^ealed,  1895,  242.     P.  S.  7,  15. 

250  Affected,  1895,  112.     P.  S.  22. 

251  Affected,  1895,  390.     P.  S.  87. 
253  Affected,  1895,  460.     P.  S.  120. 
256  Affected,  1895,  297,  494.     P.  S.  50. 
261  Repealed,  1895,  209.     P.  S.  157. 
267  Limited,  1896,  449.     P.  S.  21,  74. 

270  Affected,  1894,  406.     P.  S.  169. 

271  §§1,2  affected,  1895,  2  ;    1896,  73.     §  3  amended  and  §  4  repealed, 

1895,  61  §  5.     P.  S.  6. 
280     §  6  amended,  1896,  377.     P.  S.  56. 
283     Amended,  1894,  547.     P.  S.  152. 
285     Repealed,  1895,  462.     P.  S.  76. 
288     Affected,   1895,  283,  450;    1896,  465.     §§  8,  9,  10  repealed,  1896, 

550  §  4.     P.  S.  80. 

300  Superseded,  1894,  522  §  39.     P.  S.  119. 

301  Extended,  1895,  361.     P.  S.  30. 
307     Affected,  1895,  294.     P.  S.  50,  80. 
309     §  5  affected,  1896,  306  §  4.     P.  S.  145. 
312     Superseded,  1896,  182.     P.  S.  14. 

314  See  1895,  10.     P.  S.  16. 

315  Superseded,  1895,  202.     P.  S.  11. 

317     §  2  affected,  1895,  66.     §   14  affected,  1896,  361.     §  21  extended, 

1895,  164  ;  1896,  178.     §  28  revised,  1896,  231.     §§  42,  43  affected, 

1896,  327.  §  47  amended,  1896,  193.     §  54  amended,  1896,  193. 
P.  S.  116. 

326  See  1894,  506.     P.  S.  112. 

327  See  1896,  426.     P.  S.  61. 

328  See  1894,  367.     P.  S.  115. 

333     Limited,    1894,   427.       (See    1895,    415;     1896,    496.)     P.    S.    77, 

118. 
337     Repealed,  1894,  481.     P.  S.  104. 
341     Repealed,  1894,  481.     P.  S.  104. 
343     Repealed,  1896,  383.     P.  S.  7. 
353     Repealed,  1895,  434.     P.  S.  102. 
367     Affected,   1895,   104,  281,  340;    1896,   136.      (See   1894,  522  §  3; 

1896,  515.)      §   10,   see  1894,   381.     §    16  amended,   1896,    102. 

P.  S.  119. 
377     Affected,  1894,  527  §  2.     P.  S.  158. 

381  Affected,  1894,  522  §  77;  1895,  311.      (See  1896,  391.)     P.  8.  105, 

119. 

382  Limited,  1895,  368.     P.  S.  104. 
385     §  2  repealed,  1895,  299.     P.  S.  7. 
388     Amended,  1896,  169.     P.  S.  100. 


872  Cha]s^ges  in 

Statutes    of  1894  —  Continued. 
Chap. 

389     See  1894,  422.     P.  S.  52. 

391     See  1894,  465,  526  ;  1895,  399.     P.  S.  87. 

393     §  2  affected,  1895,  238,  250.     §   7  ameuded,  1895,  54,  96,  463  §  2, 

488  §  2  ;  1896,  86,  189,  221,  223.     P.  S.  4. 
398     See  1894,  431  ;   1896,  220.     P.  S.  154. 
401     See  1894,  409.     P.  S.  145. 

409  §  5  affected,  1896,  306.     P.  S.  145. 

410  Affected,  1895,  419.     P.  S.  99. 

416     Affected,  1895,  497.     P.  S.  102,  192. 

422     Superseded,  1896,  540.     P.  S.  52. 

424     Affected,  1896,  459.     P.  S.  159. 

428     §  1  amended,  1895,  379.     §  2  amended,  1896,  396.     P.  S.  100. 

431  See  1896,  220.     P.  S.  154. 

432  Affected,  1894,  448.     P.  S.  28. 

433  Affected,  1895,  162.     P.  S.  207. 

435  Repealed,  1896,  397.     P.  S.  100. 

436  Extended,  1895,  94,  212.     P.  S.  44. 

437  Superseded,  1894,  508.     P.  S.  74. 
440     §  1  amended,  1895,  252.     P.  S.  221. 
442     Affected,  1894,  522  §  73.     P.  S.  119. 

444     Affected,  1895,  452,  499.     §  2  amended,  1896,  303.     P.  S.  35. 

448  See  1894,  533.     P.  S.  28. 

449  Repealed,  1895,  502.     (See  1896,  393.)     P.  S.  7. 

450  Affected,   1894,  472,  501  ;    1896,  473.     (See  1894,  476  ;    1896,  544 

§  3.)     P.  S.  105,  106. 
452     Affected,  1894,  472.     (See  1894,  462,  502.)     P.  S.  105,  106. 
455     Limited,  1895,  453.     P.  S.  80,  102. 

457  Affected,  1895,  258 ;   1896,  133.     P.  S.  44. 

458  Affected,   1896,  230.     §   10  amended,   1895,   412;    extended,  1896, 

230  §  4.     P.  S.  80. 
462     Affected,  1894, 472,  543;  1896,409.     (See  1894,502.)     P.S.112,113. 

472  Affected,  1894,  501,  543  ;  1896,  409,  473.     P.  S.  105,  112. 

473  Affected,  1895,  398,  506.     P.  S.  27,  80. 
481     See  1894,  499.     P.  S.  74. 

483     See  1895,  283;   1896,  466.     P.  S.  80. 

491     §§   1,  2  affected,  1895,  476.     §§  4.  6,  17-22,  27,  45  amended  and  46, 

49,  repealed  ;  1895,  496.     (See  1896,  276.)     P.  S.  58,  90. 
493     See  1895,  286,  429.     P.  S.  87. 

497  Affected,  1895,347;   1896,  345,   481,  513,   541.      (See   1895,  486.) 

P.  S.  49. 

498  Limited,  1895,  216;  1896,  360.   (See  1894,  508  §§  13,  14.) 

P.  S.  47. 

499  See  1895,  362  §  7 ;  1896,  302.  P.  S.  112. 
501  See  1896,  473,  544  §  3.  P.  S.  109. 

.502  See  1896,  409.  P.  S.  113. 

504  Superseded,  1895,  489,  502,  507  ;  1896,  393,  469.     P.  S.  6. 

505  Affected,  1896,  439.     P.  S.  112. 


THE  Statutes.  873 

Statutes    of  1894 — Concluded. 
Chap. 

508  Affected,  1896,  241,  288,  449,  494.     §  1  aiiieuded,   1895,  129.     §  51 

affected,    1896,    241.      §§51-54   amended,    1895,438;    1896,  334. 
P.  S.  74. 

509  Affected,  1896,  466.      (See  1895,  283.)     P.  S.  80. 
511     Extended,  1895,  400.     P.  S.  80. 

519     Repealed,  1896,  517  §  8.     P.  S.  21,  74. 

522  §  5  extended,  1895,  81  ;  1896,  335.  §  20  amended,  1895,  59.  §  21 
amended,  1895,  271.  §  25  affected,  1895,  46.  §  29  affected, 
1896,  140.  §§  29,  31  amended,  1895,  474  ;  1896,  447.  §  32  in 
part  repealed,  1896,  253.  §  34  extended,  1896,  171.  (See  1896, 
178.)  §  39  amended,  1896,  126.  §  42  repealed,  1895,  190. 
§§  56,  60  affected,  1896,  140.  §  60  amended,  1895,  59  ;  1896, 
137.  §§  68-73  see  1895,  366;  1896,  515  §  5.  §  76  amended, 
1896,  470.  §  78  amended,  1896,  270.  §  80  amended,  1895,  474 
§  3.  §  92  amended,  1896,  402.  §  93  limited,  1895,  159; 
amended,   1896,  448.     P.  S.   119. 

528     See  1895,  117,  127,  227;   1896,  236,  251,  359.     P.  S.  50. 

532     See  1895,  39.     P.  S.  5. 

534     Extended,  1895,  144.     P.  S.  74. 

543     Affected,  1896,  409.     P.  S.  113. 

545     Affected,  1896,  439.      (See  1895,  103.)     P.  S.  112. 

548     §  34  amended,  1895,  440.     §  35  amended,  1896,  492.     P.  S.  113. 

Res.  14.     See  Res.  1894,  94;   1895,  62,  104;    1896,  80.     P.  S.  21. 
Res.  94.     Repealed.     Res.  1895,  62.     P.  S.  21. 

Statutes  of  1895. 

2  Affected,  1895,  27,  61.      (See  1895,  207.)      1896,  73,  363,  469,  547. 
P.  S.  6. 

27  Affected,  1895,  61  ;   1896,  73,  363,  547.     P.  S.  6. 

46  Affected,  1896,  402.     P.  S.  119. 

59  Affected,  1896,  137,  140.     §  2  limited,  1895,  159.     Amended,  1896, 
448.     P.  S.  119. 

61  §  4  affected,  1896,  73,  363,  547.     P.  S.  6. 

81  See  1896,  335.     P.  S.  119. 

89  Repealed,  1895,  299.   (See  1896,  363  §  2,  498.)  P.  S.  7. 

94  See  1895,  212.  P.  S.  44. 

97  See  1895,  239,  314.     P.  S.  104. 

Ill  See  1895,  143.     P.  S.  22. 

117  Affected,  1895,  127,  227;   1896,  236,  251,  359.     P.  S.  50. 

127  See  1895,  227;   1896,  236,  251,  359.     P.  S.  50. 

129  See  1896,  334.     P.  S.  74. 

142  See  1896,  476.     P.  S.  18. 

143  §  1  amended,  1896,  128.  (See  1895,  482;  1896,  445.)  P.  S.  23. 
153  §  2  amended,  1896,  451.  P.  S.  153. 

157  See  1896,  391.  P.  S.  106. 

159     Amended,  1896,  448.     P.  S.  119. 


874  Changes  in 

Statutes    of  1895  —  Continued. 
Chap. 

164  Extended,  1896,  178.     P.  S.  116. 

169  Affected,  1896,  523.     P.  S.  106. 

171  See  1896,  327.     P.  S.  117. 

190  Affected,  1896,  126,  270.     P.  S.  119. 

213  §  1  amended,  1896,  332.     P.  S.  102. 

216  See  1896,  360.     P.  S.  47. 

224  Extended,  1896,  536  §  7.     P.  S.  215. 

228  See  1895,  350,  420.     P.  S.  61,  109. 

237  See  1895,  262;   1896,  469  §  5.     P.  S.  7. 

238  See  1895,  250.     P.  S.  4. 

239  See  1895,  314.     P.  S.  104. 

252  Affected,  1895,  504.     P.  S.  221. 

253  §  2  repealed,  1896,  469  §  7.     P.  S.  7. 
258  See  1896,  133.     P.  S.  44. 

262  §  1  amended,  1896,  469  §  5.     P.  S.  6. 

263  Amended,  1896,  515  §  7.     P.  S.  119. 
273  See  1896,  304.     P.  S.  221. 

275  §  1  amended,  1896,  469  §  8.     P.  S.  7. 

281  See  1895,  340;  1896,  102,  515.     P.  S.  119. 

283  Affected,  1896,  466.     P.  S.  80. 

286  Affected,  1895,  429.     P.  S.  87. 

297  See  1895,  494;  1896,  236,  237,  359,     P.  S.  50. 

299  See  1896,  263  §  2,  498.     P.  S.  7. 

307  §  1  amended,  1896,  108.      (See  1895,  430.)     P.  S.  11,  136. 

311  See  1896,  391.     P.  S.  106. 

330  See  1895,  350.     P.  S.  109. 

334  §§  2,  4,  amended,  1896,  209.     P.  S.  49. 

337  See  1896,  162,  308.     P.  S.  100. 

340  See  1896,  102,  515.     P.  S.  119. 

347  Affected,  1895,  486;  1896,  481,  513.     P.  S.  49. 

350  See  1895,  420.     P.  S.  109. 

356  Affected,  1896,  78.     P.  S.  112. 

366  See  1896,  515  §  5.     P.  S.  119. 

376  See  1896,  449,  494.     P.  S.  74. 

379  See  1896,  396.     P.  S.  100. 

390  See  1896,  482.     P.  S.  87. 

393  Superseded,  1895,  480.     P.  S.  159. 

398  Affected,  1895,  508.     P.  S.  27,  80. 

410  Extended,  1886,  342.     P.  S.  2. 

412  Affected,  1896,  230.     P.  S.  80. 

415  See  1896,  228,  496.     P.  S.  77. 

421  Affected,  1896,  297  §  8.     P.  S.  60. 

425  Repealed,  1896,  547  §  9.     P.  S.  6. 

427  Extended,  1896,  499.     P.  S.  145. 

430  See  1896,  108.     P.  S.  136. 

438  Affected,  1896,  241.     §  1  amended,  1896,  334.     P.  S.  74. 

440     Affected,  1896,  492.     P.  S.  113. 


THE  Statutes.  875 

Statutes   of  1895  —  Concluded. 

Chap. 

449  §  6  amended,  1896,  363  §   1.      (See  1896,  547  §  1.)      §   8  aniendod, 

1896,  363  §   2.     §   14  see   1896,  521.     §   19  amended,  1896,  250. 
§  22  amended,  1896,  293.     P.  S.  49. 

450  Affected,  1896,  465,  466.     P.  S.  49. 
452     See  1895,  499.     P.  S.  216. 

471  Extended,  1896,  546.     P.  S.  102. 

474  §§  1,  2  amended,  1896,'  447.     P.  S.  119. 

476  See  1895,  496  ;  1896,  276.     P.  S.  58. 

482  Superseded,  1896,  357.     P.  S.  23. 

486  Repealed,  1896,  513.     (See  1896,  345,  481.)     P.  S.  49. 

488  §  16  amended,  1896,  436.     P.  S.  80. 

489  Affected,   1895,  502,  507.     §§  4,  10  amended,  1896,  469  §§   10,  11. 

P.  S.  6,  7. 

493  §  2  superseded,  1896,  172.  P.  S.  24. 

494  See  1896,  237,  359.  P.  S.  49,  50. 

496  §  14  extended,  1896,  276.     P   S.  58,  80. 

497  Limited,  1896,  183.     P.  S.  192. 

501  Repealed,  1896,  517  §  8.     P.  S.  74. 

502  See  1895,  507  ;  1896,  393,  469.     P.  S.  7. 

507     §§  3,  7,  30  amended,  1896,  469  §§  12-14.     §   15  affected,  1896,  435 
§  3.     §  26  affected,  1896,  469  §  6.     (See  1896,  109.)     P.  S.  7. 
Res.  62.     See  Res.  1895,  104;   1896,  80.     P.  S.  7. 
Res.  70.     Affected.     St.  1896,  310.     P.  3.  44. 
Res.  104.     Affected.     Res.  1896,  80.     P.  S.  21. 

Statutes  of  1896. 

73  See  1896,  363,  469,  547  §  1.     P.  S.  6. 

102  See  1896,  515.     P.  S.  119. 

109  See  1896,  435,  469.     P.  S.  7. 

126  See  1896,  270.     P.  S.  119. 

137  See  1896,  140,  448.     P.  S.  119. 

140  See  1896,  447.     P.  S.  119. 

162  §  2  affected,  1896,  308.     P.  S.  100. 

171  See  1896,  178.     P.  S.  119. 

219  See  1896,  316.     P.  S.  158. 

228  Repealed,  1896,  496.     P.  S.  77. 

236  Affected,  1896,  251,  359.     P.  S.  50. 

237  Affected,  1896,  359.     P.  S.  50. 

241  Affected,  1896,  334,  449,  494.     P.  S.  74. 

248  See  1896,  258.     P.  S.  15. 

251  See  1896,  359.     P.  S.  50. 

270  See  1896,  447.     P.  S.  119. 

277  See  1896,  285,  286,  327,  361.     P.  S.  117. 

285  See  1896,  286,  327,  361.     P.  S.  117. 

286  See  1896,  327,  361.     P.  S.  117. 
327  See  1896,  361.     P.  S.  117. 


876  Changes  ik  the  Statutes. 

Statutes   of  1896  —  Concluded. 
Chap. 

334  Affected,  1896,  449,  494.     P.  S.  74. 

345  See  1896,  481,  513,  540,  541.     P.  S.  49. 

356  §  1  amended,  1896,  480.     P.  S.  61. 

357  See  1896,  443.  P.  S.  23. 

363  See  1896,  469,  547  §  1.  P.  S.  6 

402  See  1896,  448.  P.  S.  119. 

435  See  1896,  469.  P.  S.  7. 

449  Affected,  1896,  494.  P.  S.  74. 

465  See  1896,  550.  P.  S.  49. 

469  §  1.  See  1896,  547.  P.  S.  6. 

473  See  1896,  544  §  3.  P.  S.  106. 

481  See  1896,  513,  541.  P.  S.  49. 

541  See  1896,  544.  P.  S.  49,  106. 


Commonlximlt^  oi  glassac^usdts. 


Office  of  the  Secretary,  Boston,  August  8,  1896. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume 
are  true  copies  of  the  originals,  and  that  the  accompanying  papers 
are  transcripts  of  official  records  and  returns. 

I  further  certify  that  the  tables  showing  what  general  statutes 
have  been  affected  by  subsequent  legislation  have  been  prepared, 
and  are  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  governor,  in  accordance  with  the  provisions  of 
Chapter  238  of  the  Acts  of  1882. 

WILLIAM  M.  OLIN, 

Secretary  of  the  Comrno7iwealth, 


INDEX. 


IKDEX. 


A. 

Abandoned  farms,  collection  and  circulation  of  information  concernin 
Abbott's  pond,  fishing  through  the  ice  prohibited  on  .         .        . 

Aberdeen  street,  in  Boston,  may  be  laid  out  and  accepted  as  a  public  highway 
Abolition  of  grade  crossings,  payment  of  expenses  of 
Academy,  the  Worcester,  Trustees  of,  name  changed 
Accidents,  on  railroads,  etc.,  evidence  given  at  inquests  on 

from  gas  or  electricity,  repoi-t  of,  to  be  made  . 
Actions,  against  the  estates  of  deceased  persons,  evidence  in 
Adams,  town  of,  may  borrow  money  for  water  supply  purposes 
Adams  Fire  District,  may  take  land  for  increasing  its  water  supply 

Address,  inaugural,  of  the  governor 

Adjutant  general,  to  have  conti'ol  of  the  steamer  Minnesota,  used  by  the  naval 
militia 

completion  of  index  to  war  records  in  office  of 

Adulterated  liquor,  to  prevent  the  sale  of  . 

Agawam,  town  of,  protection  of,  against  encroachments  of  Connecticut  river 

Agents,  of  board  of  education,  not  to  be  interested  in  publication  of  school 

books,  etc 

of  foreign  insurance  companies,  relative  to  bonds  given  by     . 

legislative,  law  relating  to,  amended 

Agricultural  College,  the  Massachusetts,  in  favor  of         .         .        . 
Agricultural  Society,   the    Manufacturers',  iu    North    Attleborough, 

porated,  etc. 

Agriculture,  state  board  of,  tenure  of  office  of  members  of 

to  collect  and  circulate  information  concerning  abandoned  farms 

Alexander,  Giles  R.,  in  favor  of 

Allen,  Charles  G.,  justice  of  the  peace,  acts  legalized 

Francis  E. ,  in  favor  of 

Allen  Gymnasium  Company,  relative  to 

Almshouse,  at  Tewksbury,  improvements,  etc.,  at     . 

Amendment,  proposed,  to  the  constitution,  to  be  submitted  to  the  people 

American  Hotel  Institute,  incorporated       .... 

Ames,  Moses  H.,  justice  of  the  peace,  acts  legalized  . 

Amherst,  town  of,  the  Amherst  and  Sunderland  Street  Railway  Company 

locate  and  operate  its  railway  in         ...        . 
Amherst  and  Sunderland  Street  Railway  Company,  incorporated 


incor- 
205, 


may 


PAGE 

607 
204 

64 
416 

99 
253 
278 
440 
243 
243 
662 

242 
605 
217 
640 

380 
353 
280 
641 

635 
197 
607 
646 
631 
648 
580 
639 
627 
258 
651 

73 
73 


882 


Index. 


Andover,  town  of,  the  Lowell  and  Suburban  Street  Railway  Company  may 

operate  its  railway  in 88 

Andrews,  Edwin  A.,  in  favor  of 649 

Antietam,  battlefield  of,  land  to  be  acquired  on,  and  tablets  or  monuments  to 

be  erected 603 

Apothecaries,  druggists  and,  sale  of  intoxicating  liquor  by        ....  347 

Appeals,  by  municipal  corporations,  relative  to 289 

Apportionment,  of  assessments  for  betterments,  relative  to      ....  110 

Appraisers,  in  proceedings  in  probate  courts,  appointment  of  .         .         .         .  153 
Appropriations  : 

salaries  and  expenses  in  the  executive  department  .....  5 

salaries  and  expenses  of  the  judicial  department 17 

compensation  and  mileage  of  members  of  legislature,  etc.       ...  3 

salaries  and  expenses  in  the  secretary's  department         ....  6 

salaries  and  expenses  in  the  treasurer's  department          ....  7 

salaries  and  expenses  in  the  auditor's  department 8 

salaries  and  expenses  in  the  attorney-general's  department      ...  9 

salaries  and  expenses  of  state  board  of  arbitration,  etc.  ...         10,  480 

salaries  and  expenses  of  bureau  of  statistics  of  labor      ....  10 

salaries  and  expenses  of  civil  service  commission 11 

salaries  and  expenses  of  the  commissioners  of  the  nautical  training  school  12 

salaries  and  expenses  of  the  commissioners  of  savings  banks          .         .  12 

salaries  and  expenses  of  the  gas  and  electric  light  commissioners  .        .  13 

salaries  and  expenses  of  the  railroad  commissioners        ....  IS 

salaries  and  expenses  in  the  state  library 14 

salaries  and  expenses  in  the  oftice  of  the  tax  commissioner     ...  15 

salaries  and  expenses  in  the  office  of  the  insurance  commissioner  .         .  15 

salaries  and  expenses  in  the  office  of  the  controller  of  county  accounts  16 

salaries  and  expenses  in  the  office  of  the  commissioner  of  public  records  17 

salaries  and  expenses  in  the  department  of  the  adjutant  general     .         .  21 

salaries  and  expenses  of  the  inspectors  of  gas  meters      ....  23 

salaries  and  expenses  in  the  office  of  the  state  board  of  health        .         .  29 

salaries  and  expenses  in  the  office  of  the  state  pension  agent  ...  29 

salaries  and  expenses  of  the  district  police 34 

salaries  and  expenses. of  the  harbor  and  land  commissioners  ...  36 

salaries  and  expenses  at  the  state  farm     .         .        .        .        .        .        -  42 

salaries  and  expenses  at  the  state  almshouse 42 

salaries  and  expenses  at  the  state  industrial  school  for  girls   ...  43 

salaries  and  expenses  at  the  state  prison  .......  39 

salaries  and  expenses  at  the  Lyman  school  for  boys         ....  46 

salaries  and  expenses  at  the  Massachusetts  reformatory          ...  40 

salaries  and  expenses  at  the  refoi'matory  prison  for  women    ...  41 

salaries  and  expenses  of  the  general  superintendent  of  pi'isons       .         .  28 

salaries  and  expenses  at  the  Lyman  and  industrial  schools      ...  60 

salaries  and  expenses  in  the  office  of  state  fire  marshal    ....  101 

salaries  and  expenses  of  the  state  military  and  naval  historian        .        .  58 

salaries  and  expenses  of  the  state  highway  commission  ....  165 


Index. 


883 


Fund 


Appropriations  —  Continued. 

salaries  and  expenses  of  agents  of  the  board  of  education 

salaries  and  expenses  at  the  state  normal  school  at  North  Adams 

expenses  of  the  board  of  library  commissioners 

Massachusetts  School  Fund 

Massachusetts  State  Firemen's  Association      .... 

premiums  on  securities  purchased  for  tlie  Massachusetts  School 

Massachusetts  School  for  the  Feeble-minded    .... 

Perkins  Institution  and  Massachusetts  School  for  the  Blind    . 

removal  of  wrecks  from  tide  waters  ..... 

compensation  and  expenses  of  the  ballot  law  commission 

salary  of  assayer  and  inspector  of  liquors  .... 

Medfield  Insane  Asylum  Loan  Sinking  Fund     .... 

current  expenses  at  the  Massachusetts  hospital  for  dipsomaniacs 

Abolition  of  Grade  Crossings  Loan  Sinking  Fund   . 

Metropolitan  Parks  Loan  Sinking  Fund 

State  Highway  Loan  Sinking  Fund 

expenses  of  prisons,  and  other  reformatory  expenses 

expenses  in  connection  with  the  extermination  of  contagious  diseases 
among  cattle,  etc 31,  446, 

expenses  of  taking  decennial  census  ..... 

expenses  of  the  metropolitan  park  commission 

expenses  in  connection  with  granting  licenses  to  druggists  and  apothe- 
caries to  sell  intoxicating  liquors        ..... 

Massachusetts  Institute  of  Technology 

disposal  of  sewage  at  the  Massachusetts  School  for  the  Feeble-minded 

compensation  of  building  committee,  and  expenses  of  the  trustees  of  the 
Medfield  insane  asylum        ......... 

payment  of  tuition  of  children  in  certain  high  schools     .... 

compensation  of  inspectors  of  animals  and  provisions     .... 

current  expenses  at  tlie  Medfield  insane  asylum 

payment  of  annuities  to  soldiers,  etc 

sundry  miscellaneous  expenses 

for  payment  of  a  judgment  against  the  Commonwealth  in  favor  of 
Theodore  E.  Davis 

Charles  River  valley  system  of  sewerage 

salaries  of  employees,  etc.,  in  the  office  of  the  sergeant-at-arms 

north  metropolitan  system  of  sewerage 

Neponset  river  valley  system  of  sewerage 

employment  of  labor  in  prisons  of  Commonwealth 

payment  of  state  and  military  aid 

sundry  agricultural  expenses 

sundry  charitable  expenses 

certain  educational  expenses 

printing  and  binding  public  documents,  etc 

Prison  and  Hospital  Loan  Sinking  Fund 

investigation  of  methods  of  protecting  purity  of  inland  waters 


PAGE 

375 
514 
24 
26 
26 
27 
29 
30 
32 
33 
35 
36 
35 
27 
30 
30 
33 

481 

4 

136 

480 
37 
37 

38 
39 
40 
41 
43 
46 

47 
48 
44 
51 
57 
36 
26 
24 
68 
84 
31 
28 
67 


884  Index. 

PAGE 

Appropriations —  Concluded. 

Commonwealth's  Flats  Improvement  Fund 436 

deficiencies  in  appropriations  for  the  year  1895 49 

compensation  and  expenses  of  commissioners  on  inland  fisheries  and 

game .90 

commissioners  on  uniformity  of  legislation 59 

printing  and  binding  reports  of  decennial  census 81 

state  house  loans  sinking  funds 115 

for  dredging  Boston  harbor 275 

expenses  of  exterminating  the  gypsy  moth 278,  455 

for  preparation  and  publication  of  the  province  laws      .         .        .       245,  570 

certain  expenses  authorized  in  the  year  1896,  etc.     .          175,  269,  306,  388,  589 

Green  Harbor  in  Marshfleld 493 

April,  the  nineteenth  day  of,  when  occurring  on  Sunday  the  following  day  to 

be  a  holiday 114 

Archives,  preparation  of  index  for 635 

Arlington,  town  of,  may  lay  out,  etc.,  a  system  of  public  parks        .        .         74,211 

system  of  sewage  disposal  for 225 

Arlington  Co-operative  Association,  may  increase  capital  stock        .        .        .  143 

Arlington  Mills,  may  increase  capital  stock        .......  107 

Armory,  at  Fall  River,  furnishing  and  care  of 604 

Armstrong,  Bertha  M.,  in  favor  of 649 

Arrest,  on  mesne  process  and  execution,  relative  to  .        .        ,        .         .        .  193 
Ashfield,  town  of,  the  Conway  Electric  Street  Railway  Company  may  operate 

its  railway  in 83 

Assessment  insurance  corporations,  relative  to  .         ......  516 

Assessments,  for  betterments,  apportionment  of 110 

sewer,  collection  of 176 

sewer  and  sidewalk,  collection  of 195 

Assistant  clerk  of  courts,  Middlesex  county,  to  provide  for  appointment  of  an 

additional 163 

Assistant  clerks  of  courts,  women  may  be  appointed  as,  in  certain  cases  .         .  335 
Assistant  registers   of  deeds,  payment  for  service   subject  to   approval  of 

county  commissioners 120 

Associate  justices  of  the  superior  court,  to  increase  the  number  of  .         .         .  642 
Associations  : 

Arlington  Co-operative,  may  increase  capital  stock          ....  143 

Bourne  Improvement,  may  hold  real  estate  for  public  purposes      .         .  218 

Central  Cemetery,  of  Randolph,  may  hold  additional  estate    .        .        .  540 

Chestnut  Street  Meetiug-House  and  Cemetery,  incorporated   .         .         .  352 

Dorchester  Woman's  Club  House,  incorporated 305 

Fall  River  Collateral  Loan,  incorporated 117 

Glades,  charter  extended 64 

Prospect  Union,  incorporated 357 

Roman  Catholic  Cemetery,  may  convey  certain  lands  to   the   city  of 

Maiden 209 

Worcester  Collateral  Loan,  incorporated 248 


Index.  885 


Associations  —  Conclicded. 

Worcester  Masonic  Charity  and  Educational,  incorporated     .         .        .       186 

379 
55 
482 
353 
193 


Worcester  Real  Estate,  incorporated 
Asylum,  Boston  Female,  may  hold  additional  estate  . 
Attorney-general,  duties  and  authority  of  . 
Attorneys,  to  be  notified  of  trials  in  the  superior  court 
Auditor,  to  appoint  a  printing  expert  .... 

reports  of  state  officers  and  boards  not  to   contain  illustrations  except 

with  the  approval  of 204 


B. 

Bakeries,  and  persons  employed  therein,  relative  to 371 

Baldwinville,  town  of,  incorporated 205 

Ballot  law  commission,  appointment  of  members  of;  powers  and  duties,  etc.  333 
to  make  rules  for  the  use  of  McTammany  voting  machines  by  cities  and 

towns 497 

Ballots,  recount  of,  in  the  city  of  Boston 294 

to  provide  for  marking,  at  elections,  by  the  use  of  a  stamp     .         .        .  536 

Bank,  Savings,  Newton  Centre,  incorporated 71 

Banking,  co-operative,  transaction  of,  by  foreign  corporations          .         .        .  234 

Banks,  co-operative,  relative  to  loans  by 219 

forfeiture  of  shares  of 233 

bonds  of  treasurers  and  employees  of 293 

Baptist  Educatioaal  Society,  the  Northern,  may  use  donations,  etc.,  for  cur- 
rent expenses       ...........  251 

Barbour,  Lavinia  Agnes,  in  favor  of  .         ........  601 

Barnstable,  town  of,  may  take  land  for  a  public  landing  place  ....  194 

the  Barnstable  County  Street  Railway  Company  may  operate  its  railway 

in          .............  455 

Barnstable  county,  may  indemnify  the  town   of  Bourne,  in  part,  for  expense 

of  constructing  certain  highway's,  etc.        ......  96 

may  borrow  money  for  sewerage  purposes 543 

tax  granted  for 609 

relative  to  immigration  of  AVestern  Islanders  into 619 

Barnstable  County  Street  Railway  Company,  incorporated        ....  455 

Barre  Village  Improvement  Society,  incorporated 139 

Barron,  Elizabeth  J.,  in  favor  of 649 

Bass  fishing,  black,  relative  to             167 

Batchelder,  Eleanor,  in  favor  of 649 

William  B.,  in  favor  of 649 

Battlefield  of  Antietam,  land  to  be  acquired  on  and  tablets    or  monuments 

erected 603 

Battleship  Massachusetts,  relative  to 635 

Bay  State  Brick  Company,  provisions  affecting 123 

Belchertown,  town  of,  water  supply  for 486 


88G  Index. 

PAGE 

Belchertown  Water  Company,  incorporated 48ti 

Beneficiary  corporations,  fraternal,  exempt  from  certain  provisions  of  law      .  93 

Beneficiary  organizations,  law  concerning,  amended           .....  65 
Berkley,  town  of,  bridge  over  Taunton  Great  river,  between  Dighton  and,  to 

be  rebuilt 280 

Berkshire  Cotton  Manufacturing  Company,  may  increase  its  capital  stock        .  58 

Berkshire  county,  exempt  from  establishing  a  truant  school     ....  292 

improvements  at  the  jail  in 503 

tax  granted  for 623 

Berry,  Samuel,  Jr.,  in  favor  of 650 

Betterments,  apportionment  of  assessments  for 110 

Beverly,  city  of,  draw  in  Essex  bridge,  between  the  city  of  Salem  and,  may 

be  relocated,  etc. 61 

may  borrow  money  for  park  purposes 216 

Bicycles,  carriage  of,  by  railroads 647 

Biennial  elections,  proposed  amendment  to  the  constitution  establishing,  to 

be  submitted  to  the  people 627 

Billerica,  town  of,  the  Eeading  and  Lowell  Street  Railway  Company  may  ex- 
tend its  railway  into 113 

Black  bass  fishing,  relative  to 167 

Blackstone,  town  of,  the  Chestnut  Street  Meeting-House  and  Cemetery  Asso- 
ciation in,  incorporated       .........  352 

ijlandin,  Edward  W.,  in  favor  of 650 

Board,  to  investigate  the  subject  of  docks  and  terminal  facilities,  time  extended  626 

of  agriculture,  tenure  of  oflice  of  members  of  .         .         .         .         .         .  197 

to  collect  and  circulate  information  concerning  abandoned  farms        .  607 

of  education,  relative  to  returns  of  school  committees  to         .         .         .  128 
duties  of,  relative  to  the  organization  of  teachers'  institutes  in  small 

towns  .............  136 

secretary  of,  petitions  for  certain  subjects  of  legislation  to  be  published 

under  direction  of        .........         .  332 

to  approve  payment  of  salaries  to  school  teachers  in  small  towns       .  358 
agents  of,  not  to  be  interested  in  publication  or  sale  of  school  books, 

etc 380 

to  publish  an  outline  of  lessons  in  drawing  for  ungraded  schools         .  605 

to  publish  a  new  edition  of  the  course  of  studies  for  elementary  schools  606 

to  report  a  plan  for  regulating  school  attendance  and  truancy     .         .  640 

of  gas  and  electric  light  commissioners,  duties  and  jurisdiction  of         .  378 

of  health,  time  for  completion  of  the  work  to  be  done  by,  in  the  valleys 

of  the  Concord  and  Sudbury  rivers,  extended 440 

the  harbor  and  laud  commissioners  and,  to  make  an  examination  of 

Green  Harbor  in  Marshfleld 493 

the  metropolitan  park  commission  and,  to  investigate  and  report  on 

the  condition  of  Charles  river     ........  606 

relative  to  the  report  of,  on  the  sanitary  condition  of  Neponset  meadows  624 
time  for  making  report  on  sewage  disposal  of  Salem  and  Peabody, 

extended 627 


Index. 


887 


PAGE 

Board,  of  library  commissioners,  additional  copies  of  report  of,  to  be  printed  .  G27 
of  lunacy  and  charity,  relative  to  the  cost  of  education  of  children  in 

charge  of 333 

of  registration  in  medicine,  additional  copies  of  report  of,  to  be  printed  ()12 

of  registration  in  pharmacy,  appointment  of 343 

of  survey,  town  of  Revere  may  elect  a 369 

of  trustees  of  the  Massachusetts  hospital  for  consumptives  and  tuber- 
cular patients,  may  take  land  in  Eutland  for  hospital  purposes        .  80 
of  public  works.  New  Bedford,  clerk  of,  to  be  elected,  etc.     .         .         .  192 

Boiler  inspection  department,  of  the  district  police,  members  of,  to  act  as  ex- 
aminers of  engineers ,         .         .         .         .  584: 

Bonds,  probate,  I'elative  to  suits  on 152 

of  agents  of  foreign  insurance  companies,  relative  to      ...         .  353 

of  persons  licensed  to  sell  intoxicating  liquors,  relative  to  sureties  on    .  117 

of  treasurers  of  manufacturing  corporations,  relative  to          .        .        .  282 

of  treasurers  and  employees  of  savings  banks,  etc.,  relative  to       .         .  293 

of  the  city  of  Boston,  relating  to 114 

of  the  city  of  Everett,  issue  of,  legalized 556 

scrip,  etc.,  issue  of,  by  cities  and  towns  .......  214 

stocks  and,  issue  of,  by  gas  and  electric  light  companies         .         .         .472 

Books  of  deposit,  of  savings  banks,  etc.,  relative  to  the  calling  in  of       .         .  142 

Boston,  city  of,  Aberdeen  street  in,  may  be  laid  out  and  accepted  as  a  public 

highway 64 

Miner  street  in,  may  be  laid  out  and  accepted  as  a  public  highway          .  86 

Tufts  College  may  hold  real  estate  in        ......         .  100 

relating  to  bonds  of  ...........  114 

powers  of  street  commissioners  of 148 

may  pay  a  sum  of  money  to  widow  of  Duncan  McArthur        .         .        .  151 

laying  out  and  construction  of  highways  in 152,176 

may  accept  legacy  of  George  L.  Randidge 157 

an  additional  special  justice  to  be  appointed  for  the  municipal  court  of  174 

inspection  of  articles  of  food  in 194 

fire  department  in,  appointments  to 201 

to  reimburse  certain  firemen  for  losses  sustained  at  a  Are        .         .         .  210 

may  grant  a  pension  to  John  Rogers .218 

relative  to  the  construction,  etc.,  of  public  parks  in  tide  waters  of         .  233 

powers  and  duties  of  school  committee  of 244 

the  American  Hotel  Institute  in,  incorporated 259 

bridge  may  be  built  over  Charles  river  between  Cambridge  and      .         .  262 

relative  to  sewer  assessments  in        .         . 292 

recount  of  ballots  in 294 

relative  to  the  market  limits  of 309 

qualification  and  removal  of  election  officers  in 339 

may  pay  a  salary  to  members  of  the  city  council 360 

sale  of  land  taken  for  park  purposes  in 360 

clerical  service  in  superior  court  in  .......         .  361 

construction  of  buildings  in 368 


888  Index. 


Boston,  city  of,  qualifications  of  firemen  in 

holding  of  caucuses  in 

to  be  reimbursed  for  payment  of  certain  damages 

tion  of  the  metropolitan  water  system 
may  continue  the  construction  of  its  public  parks 
law  relative  to  elections,  etc.,  in,  amended 
the  People's  Trust  Company  incorporated  iu    . 
construction  of  subways  in        . 
releases  from  the  Parental  School  of 
to  provide  a  union  passenger  station  for  railroads  in  the  southern  part  of      520 
institutions  commissioner  of,  may  remove  prisoaers  from  house  of  cor- 
rection to  house  of  industry 539 

preparation  of  voting  lists  in     ........        ,       542 

relative  to  Stony  Brook  in 552 

the  Suflblk  County  Reformatory  to  be  established  in        .         .         .         .561 

registration  of  voters  in     . 585 

relative  to  the  construction  of  a  state  highway  between  Newburyport 

and G36 

Boston,  town  of,  title  of  the  Second  Universalist  Society  iu,  to  certain  real 

estate,  not  invalidated  by  certain  legislation     .....        G4 
Boston  harbor,  resolutions  relative  to  the  improvement  of        ...         .       653 

appropriation  for  dredging 275 

Boston  Belting  Company,  provision  affecting 554 

Boston  Female  Asylum,  may  hold  additional  estate    ......         55 

Boston  Terminal  Company,  incorporated 520 

Boston  and  Albany  Railroad  Company,  provisions  afiecting       .         .         .        520-533 
Boston  and  Providence  Railroad  Corporation,  provisions  affecting   .         .        520-533 
Boulevards,  metropolitan  parks  and,  relative  to  ......       596 

Boundary  line,  between  Gay  Head  and  Chilmark,  to  determine  .         .         .       137 

between  Massachusetts  and  New  Hampshire  and  Vermont,  payment  of 

expenses  in  establishment  of 644 

Bourne,  Samuel  S.,  resolution  concerning 661 

Bourne,  town  of,  highway  and  bridges  to  be  constructed  iu      .         .         .         .95 
Bourne  Improvement  Association,  may  hold  real  estate  for  public  purposes    .       218 

Boxing  matches,  penalty  for  engaging  in 376 

Boylston,  town  of,  included  in  the  judicial  district  of  the  second  district  court 

of  eastern  Worcester 188 

to  be  paid  for  damages  caused  by  the  construction  of  the  metropolitan 

water  system *      394 

Bradford,  town  of,  may  be  annexed  to  the  city  of  Haverhill       ....       299 

Braintree,  town  of,  additional  water  loan  for 260 

Braintree  Street  Railway  Company,  the  Quincy  and  Boston  Street  Railway 

Company  may  lease  or  purchase  the  property  of        ....        8& 
Breakwater,  the  town  of  Falmouth  may  appropriate  money  for  the  construc- 
tion of 108 

Bridge,  may  be  built  over  Charles  river,  between  the  cities  of  Boston  and 

Cambridge    .        .        •  _    •        .        .'       .        .       ,..;...      262 


Index.  889 

PAGE 

Bridge,  Essex,  between  Salem  and  Beverly,  draw  in,  may  be  relocated,  etc.      .  61 
across  the  Deerfleld  river,  may  be  constructed  by  the  Conway  Electric 

Street  Railway  Company 83 

over  the   Merrimac  river,  between  Newburyport  and   Salisbury,  to  be 

rebuilt 479 

over  Taunton  Great  river,  between  Dightou  and  Bei'kley,  may  be  rebuilt  280 

Bridges,  the  town  of  Bourne  may  construct,  across  tide  waters          ...  95 

the  town  of  Falmouth  may  construct,  across  certain  ponds  and  streams  97 

the  town  of  Falmouth  to  construct  and  maintain  certain           .         .         .  108 

Bridgewater,  town  of,  the  Brockton  Street  Railway  Company  may  extend  its 

railway  into          ...........  308 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its  rail- 
way in 495 

state  farm  at,  repairs,  etc.,  at .         .  638 

in  favor  of  certain  veterans  of 648 

Bristol  county,  treasurer  of,  to  be  reimbursed  for  travelling  expenses      .         .  127 

tax  granted  for  ............  614 

Brockton,  city  of,  name  of  the  Franklin  Methodist  Episcopal  Chapel  in,  changed 

to  the  Franklin  Methodist  Episcopal  Church 89 

maj'  borrow  money  for  drainage  purposes         .         .         .         .         .         .151 

the  Taunton  and  Brockton   Street  Railway  Companj'^  may  operate  its 

railway  in     ...........         .  495 

Brockton  Street  Railway  Company,  may  extend  its  railway  into  certain  other 

towns 308 

Brokers,  insurance,  relative  to      .........        .  443 

Brookline,  town  of,  may  contract  with  city  of  Newton  for  disposal  of  sewage  .  279 

Broughton,  James  H.,  in  favor  of 650 

Bryant,  Solan  A.,  in  favor  of        ...         .         ......  650 

Bryant  addition  of  the  state  house  extension,  to  provide  for  furnishing  .         .  595 
Buckland,  town  of,  the  Slielburne  Falls  and  Colrain  Street  Railway  Company 

may  locate  and  operate  its  railway  in          ......  52 

Buckley,  Patrick,  in  favor  of 601 

Buildings,  on  parkways,  boulevards,  etc.,  building  line  and  height  of        .         .  261 

larceny  committed  in,  law  relative  to,  amended 337 

construction  of,  in  city  of  Boston      ........  368 

Bulflnch  state  house,  so-called,  preservation  of  .         .         .         .         .         .         .  554 

Bulletin,  of  committee  hearings,  publication  of  .         ......  599 

Burdick,  Benj.  J.,  in  favor  of 650 

William  H.,  in  favor  of 650 

Bureau  of  statistics  of  labor,  authorized  to  expend  an  additional  sum  of  money 

for  the  purposes  of  the  census  of  1895        ......  9 

Burglary  insurance  companies,  foreign,  may  transact  business  in  this  state       .  8G 

Burglary  Insurance  Company,  the  New  England,  act  of  incorporation  amended  340 

Burning  fluid,  etc.,  keeping  and  sale  of       .......         .  538 

Butter,  imitation,  law  relative  to  sale  of,  amended     ......  309 


890  Index. 

C. 

PAGE- 

Cambridge,  city  of,  charter  amended 121 

proceedings  of  St.  Peter's  Clmrcli  in,  ratified 45 

restricting  tlie  use  of  certain  lands  in 123 

protection  of  the  public  health  in 143,  355 

and  the  city  of  Somerville,  building  of  sewers  in     ....         .  178 

bridge  may  be  built  over  Charles  river  between  Boston  and     .         .         .  262 

relative  to  public  parks  in 268- 

construction  of  building  in,  for  registry  of  deeds  and  for  use  of  the 

probate  court 497 

sea  wall  along  Charles  river  to  be  constructed  in 504 

Canal  Company,  the  Massachusetts  Maritime,  incorporated       ....  571 

Capital  stock,  of  foreign  corporations,  relative  to  paying  iu  of,  etc.          .         .  338 

of  street  railway  companies,  in  relation  to  increase  of     .         .         .         .  359' 
Carlisle,  town  of,  may  unite  with  certain  other  towns  in  the  employment  of  a 

superintendent  of  schools 451 

Cattle,  etc.,  appropriation  for  expenses  in  connection  with  the  extermination 

of  contagious  diseases  among 31,  446,  481 

Caucuses,  holding  of,  in  the  city  of  Boston 391 

law  relative  to,  amended 457 

and  ward  committees,  relative  to 72 

Cemetery,  the  Proprietors  of  Oak  Grove,  may  hold  additional  estate         .         .  258 

Cemetery  Association,  Central,  of  Randolph,  may  hold  additional  estate          .  540 

Chestnut  Street  Meeting-House  and,  incorporated    .....  352 

Roman  Catholic,  may  convey  certain  lands  to  the  city  of  Maiden  .         .  209 

Census,  decennial,  providing  an  additional  appropriation  for  taking          .         .  9 

Central  Cemetery  Association,  of  Randolph,  may  hold  additional  estate    .         .  540 

Certificates  of  election,  etc.,  law  relative  to,  amended        .....  457 

Chandler,  Abbie  A.,  in  favor  of G49 

Prank  A. ,  in  favor  of 649* 

Henry  I.,  in  favor  of 649^ 

Herbert  W.,  in  favor  of     .         .      ^ 649 

Change  of  names  of  persons 707 

Charitable  corporations,  etc.,  may  hold  additional  estate 61 

Charitable  Eye  and  Ear  Infirmary,  the  Massachusetts,  in  favor  of     .         .        607,  641 
Charitable  and  reformatory  institutions  of  the  Commonwealth,  to  authorize 

the  appointment  of  a  commission  to  investigate,  etc.         .         .         .  624 

Charles  river,  the  city  of  "Waltham  may  take  certain  lands  on,  for  a  water  park  156 

bridge  may  be  built  over,  between  the  cities  of  Boston  and  Cambridge  .  262 

sea  wall  to  be  constructed  along,  in  Cambridge 504 

flats  in,  settlement  of  controversies  concerning 603 

the  metropolitan  park  commission  and  the  state  board  of  health,  to  re- 
port on  the  condition  of 606 

Chase,  Caroline  E.,  in  favor  of 625 

Chatham,  town  of,  the  Eldredge  Public  Library  in,  incorporated      .         .         .  483 

Chaubunagungamaug  Lake,  in  town  of  Webster,  relative  to  fishing  in      .         .  72 


Index.  891 

PAGE 

Chelmsford,  town  of,  may  unite  with  certain  other  towns  in  the  employment 

of  a  superintendent  of  schools    ........  451 

Chestnut  Street  Meeting-House  and  Cemetery  Association,  incorporated  .         .  352 

Chicopee,  city  of,  may  malve  an  additional  water  loan 58 

exempt  from  rate  of  taxation  in  cities  until  1900 133 

Chicopee  Manufacturing  Company,  name  established 481 

Children,  legitimacy  of 497 

in  charge  of  the  board  of  lunacy  and  charity,  etc.,  relative  to  the  cost 

of  education  of 833 

minor,  placed  in  charge  of  persons,  associations  or  institutions,  relative 

to          . 241 

Childs,  Oliver  L.,  in  favor  of 650 

Chilmark,  town  of,  commissioners  on  inland  fisheries  and  game  may  lease 

Chilmark  Pond  in 54 

to  determine  the  boundary  line  between  Gay  Head  and    ....  137 

the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  railway  in  383 
Church : 

First  Congregational,  of  Nantucket,  may  sell  and  convey  its  lands         .  272 

First  Congregational,  in  Paxtou,  proceedings  legalized  ....  91 
First  Unitarian,  in  Peabody,  may  enlarge  its  membership,  etc.        .        .59 

Franklin  Methodist  Episcopal,  in  Brockton,  name  established        .         .  89 
Newton  Corner  Methodist  Episcopal,  the,  name  changed  to  Newton 

Methodist  Episcopal  Church 210 

St.  John's  Society  of  the  Methodist  Episcopal,  in  Boston,  acts  legalized  115 

St.  Peter's,  in  Cambridge,  proceedings  ratified 45 

Churchill,  Olive  A.,  in  favor  of 646 

Cities  : 

Beverly,  draw  in  Essex  bridge,  between  the  city  of  Salem  and,  may  be 

relocated,  etc 61 

may  borrow  money  for  park  purposes 216 

Boston,  Aberdeen  street  in,  may  be  laid  out  and  accepted  as  a  public 

highway 64 

Miner  street  in,  may  be  laid  out  and  accepted  as  a  public  highway      .  86 

Tufts  College  may  hold  real  estate  in 100 

relating  to  bonds  of 114 

powers  of  street  commissioners  of 148 

may  pay  a  sum  of  money  to  widow  of  Duncan  McArthur    .         .        .151 

laying  out  and  construction  of  highways  in 152,176 

may  accept  legacy  of  John  L.  Randidge 157 

municipal  court  of,  an  additional  special  justice  to  be  appointed  for  .  174 

inspection  of  articles  of  food  in 194 

a-ppointments  to  fire  department  in 201 

to  reimburse  certain  firemen  for  loss  sustained  at  a  fire        .        .         .  210 

may  grant  a  pension  to  John  Rogers 218 

relative  to  the  construction,  etc.,  of  public  parks  in  the  tide  waters  of  233 

powers  and  duties  of  school  committee  of 244 

the  American  Hotel  Institute  in,  incorporated 259 


892  Index. 

PADS 

Cities  —  Continued. 

Boston,  bridge  to  be  built  over  Cliarles  river,  between  Cambridge  and  .  262 

relative  to  sewer  assessments  in 292 

recount  of  ballots  in 294 

relative  to  the  market  limits  of 309 

qualification  and  removal  of  election  officers  in 339 

may  pay  a  salary  to  members  of  the  city  council  .....  360 

clerical  service  in  superior  court  in 361 

certain  land  taken  for  park  purposes  in,  may  be  sold  ....  360 

construction  of  buildings  in 368 

qualifications  of  firemen  in     .        .        . 377 

holding  of  caucuses  in 391 

to  be  reimbursed  for  payment  of  certain  damages  caused  by  construc- 
tion of  the  metropolitan  water  system 39-t 

may  continue  the  construction  of  public  parks 446 

law  relative  to  elections,  etc.,  in,  amended 457 

the  People's  Trust  Company  incorporated  in 482 

construction  of  subways  in 485 

releases  from  the  Parental  School  of 515 

to  provide  a  union  passenger  station  for  railroads  in  tl>e  southerly 

part  of 520 

institutions  commissioner  of,  may  remove  prisoners  from  house  of 

correction  to  house  of  industry 539 

preparation  of  voting  lists  in 542 

relative  to  Stony  Brook  in 552 

the  Suflolk  County  Reformatory  to  be  established  in    .        .        .         ,  561 

registration  of  voters  in 585 

relative  to  the  construction  of  a  state  highway  between  Newburyport 

and 636 

Brockton,  the  name  of  the  Franklin  Methodist  Episcopal  Chapel  in, 

changed  to  the  Franklin  Methodist  Episcopal  Church       ...  89 

may  borrow  money  for  drainage  purposes 151 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its 

railway  in     ...........         .  495 

Cambridge,  charter  amended 121 

proceedings  of  St.  Peter's  Church  in,  ratified 45 

restricting  the  use  of  certain  lands  in 123 

building  of  sewers  in 178 

bridge  may  be  built  over  Charles  river  between  Boston  and         .         .  262 

relative  to  public  parks  in 268 

protection  of  the  public  health  in 143,  355 

construction  of  building  in,  for  registry  of  deeds  and  for  the  use  of 

the  probate  court 497 

sea  wall  to  be  constructed  along  Charles  river  in 504 

Chicopee,  may  make  an  additional  water  loan  ......  58 

exempt  from  law  relative  to  rate  of  taxation  in  cities    ....  133 

Everett,  charter  amended 301 


Index. 


893 


state 


Cities  —  Continued. 

Everett,  exempt  from  rate  of  taxation  in  cities 

to  legalize  certain  bonds  of 

Fall  River,  may  borrow  money  for  public  library  building 
to  incorporate  the  Fall  River  Collateral  Loan  Association  in 
may  lay  out  a  street  through  the  Francis  burial  ground 
may  borrow  money  for  sewer  purposes  .... 

furnishing  and  care  of  armory  at 

Gloucester,  charter  revised 

the  Proprietors  of  Oak  Grove  Cemetery  in,  may  hold  additional 
Haverhill,  town  of  Bradford  may  be  annexed  to        .         .         . 

relative  to  the  water  supply  of 

Holyoke,  charter  revised 

increased  water  supply  for 

Lawrence,  Arlington  Mills  in,  may  increase  capital  stock 
may  use  proceeds  of  a  loan  for  extension  of  its  water  works 

sittings  of  the  superior  court  in 

may  refund  portion  of  liquor  license  fee         .... 

Lowell,  charter  amended    ........ 

may  borrow  money  for  erecting  school  buildings 

Lynn,  protection  of  public  health  in 

may  pay  a  sum  of  money  to  the  widow  of  Nelson  H.  Doe    . 
filling  of  vacancies  in  assistant  assessorships  in    . 
may  borrow  money  for  sewer  purposes  .... 

may  borrow  money  for  purchasing  land  and  erecting  an  engine 
Maiden,  may  borrow  money  for  sewer  purposes 

Roman  Catholix;  Cemetery  Association,  the,  may  convey  certain 

to 

the  Maiden  Trust  Company  incorporated  in  . 

Marlborough,  charter  revised 

relative  to  the  sewer  debt  of 

the   Marlborough   and   Westborough    Street  Railway  Company 

operate  its  railway  in 

additional  water  loan  for        ...... 

Medford,  payment  of  sewer  assessments  in,  etc. 
New  Bedford,  relative  to  the  license  commissioners  of    . 
board  of  public  works  of,  may  elect  a  clerk,  etc. 
appointment  of  assistant  assessors  in     . 
Newburyport,  may  borrow  money  for  sewer  purposes 

sittings  of  the  superior  court  in 

bridge  over  the  Merrimac  river  between  tlie  town  of  Salisbury  and,  t' 
be  rebuilt      .......... 

relative  to  the  construction  of  a  state  highway  between  Boston 
Newton,  may  borrow  money  for  widening  streets    . 

may  contract  with  town  of  Brookline  for  disposal  of  sewage 
the  Newton  Centre  Savings  Bank  incorporated  in 
may  pay  a  sum  of  money  to  Sarah  F.  Kenrick 


house 


and 


PAGE 

174 
556 
1)2 
117 
155 
476 
604 
419 
258 
299 
385 
394 
373 
107 
242 
361 
569 
232,  364 
273 
123 
260 
267 
338 
341 
116 

209 
450 
312 
192 


may 


iiid 


381 
476 
189 
13o 
192 
211 
166 
361 

479 
636 

98 
279 

71 
448 


894  Index. 

PAGE 

Cities  —  Concluded. 

North  Adams,  the  North  Adams  Hospital  may  maintain  a  training  school 

for  nurses     ............  86 

may  borrow  money  for  public  building  purposes 143 

may  borrow  money  for  water  supply  purposes 146 

Northampton,  the  Clarke  Institution  for  Deaf  Mutes  in,  name  changed 

to  the  Clarke  School  for  the  Deaf 48 

Pittsfleld,  additional  water  supply  for 77,  220 

Quincy,  may  raise  money  by  taxation  to  assist  in  the  maintenance  of  the 

city  hospital  in 100 

Salem,  draw  in  Essex  bridge,  between  the  city  of  Bevei'ly  and,  may  be 

relocated,  etc 61 

providing  a  reserve  police  force  for 109 

sittings  of  the  superior  court  in 361 

normal  school  at,  relative  to 604 

extending  the  time  for  making  report  on  sewage  disposal  of       .        .  627 

Somerville,  relative  to  highways  in 144 

building  of  sewers  in 178 

time  for  taking  land  for  a  park  in,  extended 272 

Springfield,  the  Springfield  City  Market  in,  incorporated         ...  56 

and  the  town  of  West  Springfield,  may  unite 169 

may  take  land  for  school  purposes 252 

police  court  of,  clerical  assistance  for  clerk  of 275 

the  United  Electric  Light  Company  in,  may  do  business  in  adjoining 

cities  and  towns 336 

the  Enfield  and  Longmeadow  Electric  Railway  Company  may  extend 

its  railway  into 473 

Taunton,  the  Taunton  and  Brockton  Street  railway  Company  may  oper- 
ate its  railway  in 495 

Waltham,  may  take  land  for  a  water  park 156 

erection  of  new  buildings  for  the  Massachusetts  School  for  Feeble- 
minded at 634 

Worcester,  additional  water  loan  for 147 

fishing  through  the  ice  in  Abbott's  pond  in,  prohibited         .        .        .  204 
the  Union   Society  and  the   Salem  Street  Society  of  said   city  may 

unite 276 

sewer  assessments  on  property  of  the  Commonwealth  in     .         .         .  635 

Cities,  division  of,  into  voting  precincts 191 

appointment  of  a  reserve  police  force  in 261 

licensing  and  regulating  stables  in 276 

relative  to  vacancies  in  the  oflSce  of  mayor  of 332 

employment  of  laborers  in 443 

Cities  and  towns,  law  relative  to  issue  of  notes,  bonds,  etc.,  by,  amended        .  214 

may  establish  building  lines  on  parkways,  etc 261 

may  appropriate  money  for  memorial  observances  in  honor  of  firemen  447 

may  use  the  McTammany  voting  machine 496 

employment  of  veterans  in  the  public  service  of 534 


Index.  895 

PAGE 

City  chartkrs  : 

Cambridge,  amended 121 

Everett,  amended       . 301 

Gloucester,  revised    . 419 

Holyoke,  revised 394 

Lowell,  amended 232,  364 

Marlborough,  revised 312 

Civil  service,  employees  of  the  commissioners  of  savings  banks  exempt  from 

rules  of 501 

Civil  service  commission,  relative  to  report  of 57 

Clarke  Institution  for  Deaf  Mutes,  name  changed  to  The  Clarke  School  for 

the  Deaf 48 

Clarke  School  for  the  Deaf,  The,  name  established 48 

Clerk,  district  court  of  eastern  Hampden,  providing  for  appointment  of  .         .  278 

police  court  of  Springfield,  clerical  assistance  for 275 

Clerk  of  courts,  assistant,  Middlesex  county  to  provide  for  appointment  of  an 

additional 163 

Clinton,  town  of,  additional  water  loan  for 116 

Clinton  Street  Railway  Company,  may  increase  capital  stock,  extend  its  tracks, 

etc 310 

Codification,  of  statutes  relating  to  elections 632 

of  the  Public  Statutes,  providing  for 637 

Collateral  legacies  and  successions,  law  relative  to  taxes  on,  amended      .         .  71 

Collateral  Loan  Association,  the  Fall  River,  incorporated         ....  117 

the  Worcester,  incorporated 248 

Collateral  Loan  Company,  relative  to 135 

Collection,  of  small  debts  for  manual  labor  performed,  to  facilitate          .         .  439 

of  sewer  assessments,  etc.,  relative  to 176 

of  sewer  and  sidewalk  assessments,  relative  to 195 

College,  Harvard,  the  property  of  the  Peabody  Museum  of  American  Archceol- 

ogy  and  Ethnology  may  be  transferred  to 139 

Massachusetts  Agricultural,  in  favor  of 641 

Tufts,  may  hold  real  estate  in  the  city  of  Boston 100 

Color,  resolutions  relative  to  discrimination  on  account  of        ...        .  659 
Colrain,  town  of,  Shelburne  Falls  and  Colrain  Street  Railway  Company  may 

locate  and  operate  its  railway  in 52 

Commercial  fertilizers,  to  regulate  the  sale  of 246 

Commercial  paper,  to  abolish  days  of  grace  on 167,494 

Commission  : 

ballot  law,  appointment  of  members  of;  powers  and  duties,  etc.     .         .  333 
to  make  rules  and  regulations  for  the  use  of  the  McTammany  voting 

machines 497 

civil  service,  relative  to  report  of 57 

highway,  duties  of,  in  the  laying  out  and  construction  of  state  high- 
ways       282 

authorized  to  expend  a  certain  sum  of  money  in  the  construction  of 

state  highways 477 


896  Index. 

PAGE 

Commission  —  Concluded. 

highway,  duties  of,  in  construction  of  better  roads  in  certain  towns       .       514 
may  change  the  location,    etc.,  of   street  railways   on   state  high- 
ways      570 

providing  for  expenses  of 602 

extra  copies  of  report  of,  to  be  printed 608 

metropolitan  district,  additional  copies  of  report  of,  to  be  printed         .       638 

metropolitan  parli,  to  better  define  the  authority  of         ...        .       452 

increasing  the  amount  of  money  to  be  placed  at  the  disposal  of  .       454,  471 

fixing  a  limit  of  time  in  which  lands  can  be  taken  by    ....       596 

and  state  board  of  health,  to  investigate  and  report  on  the  condition 

of  Charles  river 606 

state  house  construction,  to  provide  temporary  accommodations   for 

the  senate 651 

to  investigate  the  business  of  assessment  insurance  corporations,  may 

be  appointed  in  certain  cases      .         .        .        .         .        .        •         .517 

to  be  appointed  to  investigate  the  charitable  and  reformatory  institu- 
tions of  the  Commonwealth 624 

to  be  appointed  to  revise  the  laws  relating  to  taxation     ....       646 
Commissioner  : 

insurance,  compensation  of  referees  appointed"  by 94 

to  prescribe  conditions  upon  which  policies  of  sprinkler   insurance 

may  be  issued 97 

duties  of,  relative  to  the  admission  of  mutual  fire  insurance  com- 
panies   215 

duties  of,  in  relation  to  assessment  insurance  corporations  .        .        516-520 
may  appoint  an  examiner        .......        o        .       278 

may  license  insurance  brokers        ........       443 

of  public  records,  extra  copies  of  the  seventh  report  of,  to  be  printed   .       606 
Commissioners  : 

gas  and  electric  light,  report  to  be  made  to,  of  accidents  from  use  of 

gas  or  electricity 278 

duties  and  jurisdiction  of,  etc 378,  472 

harbor  and  land,  to  regulate  the  conslruction  of  certain  bridges  in  the 

town  of  Falmouth 97 

and  the  state  board  of  health,  to   make  an  examination  of  Green 

Harbor  in  Marshfleld 493 

to  define  the  boundary  line  between  Gay  Head  and  Chilmark       .        .       137 
duties  of,  relative  to  the  construction   of  the  Massachusetts  mari- 
time canal    ............       574 

extra  copies  of  report  of,  to  be  printed 164,  609 

on  inland  fisheries,  etc.,  may  lease  Chilmark  Pond  in  the   town   of 

Chilmark 54 

library,  may  expend  a  certain  sum  of  money  in  aid  of  the  public  library 

of  the  town  of  Peru 607 

license,  relative  to  removal  of  .........      342 


Index.  897 

PAGE 

Commissioners  —  Concluded. 

license,  in  city  of  New  Bedford,  relative  to  certain  licenses  issued  by     .  136 
metropolitan  sewerage,  to  provide  for  printing  report  of         .        .       165,  600 
railroad,   to   investigate  the    subject   of    the   ventilation   of    railroad 

cars,  etc.       ............  643 

duties  of,  relative  to  extension  of  street  railways          ....  500 

duties  of,  relative  to  the  construction  of  the  Massachusetts  maritime 

canal 574 

to  investigate  and  report  on  the  subject  of  the  carriage  of  bicycles  by 

railroad  corporations  ..........  647 

county  (see  County  commissioners). 

savings  banks,  penalty  for  refusal  to  make  reports  to,  etc.      .         .        .  274 

employees  of,  exempt  from  civil  service  rules 501 

special,  appointment  of  women  as    .......         .  475 

on  topographical  survey  and  map,  providing  for  continuing  the  work  of  606 

to  be  appointed  to  consolidate  the  Public  Statutes 637 

Committee  hearings,  publication  of  bulletin  of 599 

Common  council,  city  of  Boston,  providing  a  salary  for  members  of        .         .  360 
Commonwealth's  flats  in  South  Boston,  providing  for  the  further  improve- 
ment of 436 

Concord,  town  of,  election  of  library  committees  in 291 

Concord  and  Sudbury  rivers,  protection  of  the  public  health  in  the  valleys  of  440 

Condensed  milk,  sale  of,  regulated 210 

Congregational  Church,  the  First,  of  Paxton,  certain  proceedings  of,  legalized  91 
Congress  street,  in  Boston,  alteration  may  be  made  in  the  grade  crossing  of 

the  New  England  Railroad  Company  at 557 

Congressional  districts,  changing  the  lines  of    ......         .  537 

Connecticut  river,  conservation  of      ........        .  632 

to  protect  the  town  of  Agawam  against  encroachments  of      .         .         .  640 

resolutions  relative  to  the  navigation  of .  652 

Consolidation  and  arrangement  of  the  Public  Statutes,  a  commission  to  be 

appointed  for  the  purpose  of      .......         .  637 

Constitution,  proposed  amendment  to,  to  be  submitted  to  the  people        .         .  627 
Consumptives,  etc.,  Massachusetts  hospital  for,  trustees  of  may  take  land  in 

Rutland  for  hospital  purposes 80 

Contagious  diseases  among  cattle,  etc.,  appropriation  for  expenses  in  connec- 
tion with  the  extermination  of 31,  446,  481 

Contractors,  weekly  payment  of  wages  by 277 

Controller  of  county  accounts,  changing  date  on  which  county  estimates  may 

be  sent  to 89 

Convicts,  punishment  for  destruction  of  property  by 281 

Conway  Electric  Street  Railway  Company,  may  increase  its  capital  stock,  etc.  83 

Co-operative  Association,  the  Arlington,  may  increase  capital  stock         .         .  143 

Co-operative  banking,  transaction  of,  by  foreign  corporations           .         .         .  234 

Co-operative  banks,  loans  by 219 

forfeiture  of  shares  of 233 

relative  to  bonds  of  treasurers  and  employees  of 293 


898  Index. 

PAGE 

Corporations,  payment  of  fees  by,  into  the  office  of  tlie  secretary  of  the  Com- 
monwealth    539 

certain,  may  hold  additional  estate   ........  Ql 

certain,  relative  to  returns  from         ........  304 

certain,  use  of  streets  by  .........         .  580 

assessment  insurance,  relative  to       .         .         .         .         .         .         .         .  516 

foreign,  transaction  of  business  of  co-operative  banking  by    .         .         .  234 

paying  in  of  capital  stock  of,  etc.  .         .         .         .         .         .         .         .  338 

fraternal  beneficiary,  law  concerning,  amended 65 

exempt  from  certain  provisions  of  law 93 

manufacturing,  etc.,  bonds  of  treasurers  of      ......  282 

municipal,  appeals  by         .........         .  289 

Cottage  City,  town  of,  may  appropriate  money  for  certain  public  purposes      .  116 
the  Vineyard  Grove  Company  may  erect  a  hotel  building,  etc.,  in   .         .  251 
the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  rail- 
way in 383 

Cottage  City  Street  Railway  Company,  the  Martha's  Vineyard  Street  Railway 

Company  may  lease  or  purchase  the  franchises,  etc.,  of   .         .         .  382 
Cotton  factories,  regulating  the  placing  of  certain  machinery  in       .         .         .  281 
Cotuit,  village  of,  in  the  town  of  Barnstable,  a  public  lauding  place  may  be  es- 
tablished in 194 

Councillor  districts,  established 510 

Counsel,  legislative,  law  relating  to,  amended 280 

Counties,  relative  to  expenditures  by 290 

County : 

Barnstable,  may  indemnify  the  town  of  Bourne,  in  part,  for  expense  of 

constructing  certain  highways,  etc 96 

may  borrow  money  for  sewer  purposes         ......  543 

tax  granted  for 609 

relative  to  immigration  of  Western  Islanders  into        .        .        .         .619 

Berkshire,  exempt  from  establishing  a  truant  school       ....  292 

improvements  at  the  jail  in 503 

tax  granted  for 623 

Bristol,  treasurer  of,  to  be  reimbursed  for  travelling  expenses        .         .  127 

tax  granted  for 614 

Dukes  County,  town  of  Edgartown  may  borrow  money  to  meet  expense 

of  improvements  to  court  house  in 542 

tax  granted  for 610 

Essex,  commissioners   of,  may  reconstruct,  etc.,  the   draw  in  Essex 

bridge 61 

clerical  assistance  for  treasurer  of         .......  100 

treasurer  of,  to  be  reimbursed  for  travelling  expenses          .         .        .  127 

sittings  of  the  superior  court  in     .......         .  361 

tax  granted  for 613 

Franklin,  tax  granted  for  ..........  620 

Hampden,  clerical  assistance  for  register  of  probate  and  insolvency  of  .  163 

tax  granted  for        ...........  617 


Index.  899 

PAGE 

County  —  Concluded. 

Hampshire,  tax  granted  for 618 

Middlesex,  treasurer  of,  to  be  reimbursed  for  travelling  expenses        .  127 

additional  assistant  clerl<  of  courts  provided  for 1G3 

providing  accommodations  for  registry  of  deeds  and  probate  court  in  497 
tax  granted  for        .         .         .         .         .         .         .         .         •         .         .616 

Norfolk,  tax  granted  for    ..........  633 

Plymouth,  tax  granted  for 612 

Suffolk,  criminal  session  of  the  superior  court  in,  appointment  of  an 

official  stenographer  for .        .  449 

superior  court  in,  sitting  for  the  hearing  of  cases  for  other  counties, 

clerical  duties  in 361 

prisoners  confined  in  house  of  correction  in,  may  be  removed  to  the 

house  of  industry 539 

Worcester,  treasurer  of,  to  be  reimbursed  for  travelling  expenses          .  127 

additional  accommodations  for  the  courts  of 284 

may  appropriate  money  to  defray  portion  of  cost  of  a  statue  of  Charles 

Devens 503 

tax  granted  for 621 

County  commissioners,  changing  the  date  of  filing  county  estimates  by  .         .  89 
to  approve  bills  for  clerical  assistance  performed  in  register^  of  deeds' 

offices,  etc 120 

votes  and  proceedings  of 335 

Barnstable,  may  indemnify  the  tovpn  of  Bourne,  in  part,  for  construct- 
ing certain  highways,  etc 96 

Essex,  may  reconstruct  dravp  in  Essex  bridge,  etc 61 

County  taxes,  estimates  for,  changing  the  date  on  which  they  may  be  sent  to 

the  controller  of  county  accounts 89 

Course  of  studies  for  elementary  schools,  allowance  for  publication  of  a  new 

edition  of 606 

Court,  district,  second,  of  eastern  Worcester,  the  town  of  Boylston  to  be  in- 
cluded in  the  judicial  district  of         188 

of  eastern  Hampden,  providing  for  appointment  of  clerk  for       .        .  278 

Franklin,  established 287 

municipal,  of  the  city  of  Boston,  an  additional  special  justice  to  be  ap- 
pointed for 174 

police,  of  Springfield,  providing  clerical  assistance  for  the  clerk  of        .  276 
superior,  to  make  rules  relative  to  publishing  trial  lists  and  notifying 

attorneys  of  trials 353 

sittings  of,  in  the  county  of  Essex 361 

sitting  in  Suffolk  county  for  the  hearing  of  cases  for  other  counties, 

performance  of  clerical  duties  in 361 

appointment  of  an  official  stenographer  for  the  criminal  session  of,  in 

Suffolk  county 449 

increasing  the  number  of  associate  justices  of 542 

Courts,  certain  officers  of,  exempt  from  serving  as  jurors          ....  378 

assistant  clerks  of,  women  may  be  appointed  as,  in  certain  cases  .        .  335 


900  Index. 

PAGE 

Courts,  inferior,  law  relative  to  trials  before,  amended 164 

probate,  appointment  of  appraisers  in  proceedings  before       .        .        .  153 
of  the  county  of  Middlesex,  additional  assistant  clerk  may  be  appointed 

for 163 

of  the  county  of  Worcester,  additional  accommodations  for  .         .         .  284 

Courts,  supreme  judicial  and  superior,  filing  of  exceptions  in   ....  445 

Creasey,  Philip  H. ,  in  favor  of 621 

Credit  insurance  companies,  may  do  business  in  this  Commonwealth       .         .  441 

Criminal  cases,  preparation  of  forms  of  pleadings  in 647 

Crossings,  grade,  of  railroads,  alterations  of,  in  the  towns  of  Dedham  and 

Hyde  Park 201 

of  the  New  England  Railroad  Company  and  Congress  street  in  Boston, 

alteration  may  be  made  in 557 

of  the  Providence  division  of  the  New  York,  New  Haven  and  Hartford 

Railroad,  changing  location  of,  etc 268 

payment  of  expenses  of  abolition  of 416 

Cummington,  town  of,  proceedings  of  town  meeting  legalized          .        .        .  305 


Dalton,  town  of,  the  Pittsfield  Electric  Street  Railway  Company  may  operate 

its  railway  in 81 

Danvers,  The  Second  Universalist  Society  of,  name  changed  to  The  First  Uni- 

versalist  Parish  of  Peabody 474 

Davis,  Theodore  E.,  appropriation  for  payment  of  claim  of  ....  47 
Days  of  grace,  on  commercial  paper,  etc. ,  to  abolish  ....  167,  494 
Deaf  Mutes,  the  Clarke  Institution  for,  name  changed  to  The  Clarke  School 

for  the  Deaf 48 

Debts,  small,  on  account  of  manual  labor  performed,  to  facilitate  the  collec- 
tion of 439 

Deceased  persons,  evidence  in  actions  against  the  estates  of    .         .         .        .  440 

Decennial  census,  providing  an  additional  appropriation  for  taking  ...  9 

Decisions,  by  county  commissioners,  record  of,  to  be  kept        ....  335 

Dedham,  town  of,  alterations  of  grade  crossings  in  .         .        .         .         .        .  201 

the  West  Roxbury  and  Roslindale  Street  Railway  Company  may  operate 

its  railway  in 287 

Deeds,  registers  of,  relative  to 437 

registry  of,  building  to  be  erected  for,  in  Cambridge        ....  497 
Deerfield,  town  of,  the  Conway  Electric  Street  Railway  Company  may  operate 

its  railway  in        ...........  83 

part  of,  annexed  to  Greenfield 296 

Deerfield  river,  bridge  may  be  constructed  across,  by  the   Conway  Electric 

Street  Railway  Company 83 

Departments,  etc.,  to  be  closed  on  the  day  of  tlie  funeral  of  Frederic  T.  Green- 

halge,  late  governor,  etc 95,  246 

Deposit,  books  of,  of  savings  banks,  etc.,  relative  to  the  calling  in  of      .         .  142 


Index.  901 

PAGE 

Devens,  Charles,  the  county  of  Worcester  may  appropriate  money  to  defray 

portion  of  cost  of  a  statue  of 503 

Dighton,  town  of,  bridge  over  Taunton  Great  river,  between  Berkley  and,  to 

be  rebuilt 280 

Directors  of  domestic  stock  insurance  companies,  a  majority  of,  to  be  residents 

of  the  Commonwealth 196 

District  court,  eastern  Hampden,  providing  for  appointment  of  clerk  for         .  278 
second,  of  eastern  "Worcester,  the  town  of  Boylston  to  be  included  in 

judicial  district  of 188 

Franklin,  established 287 

District  police,  two  additional  members  of  the  boiler  inspection  department 

of,  to  be  appointed,  etc 584 

Districts,  congressional,  changing  the  lines  of 537 

senatorial  and  councillor,  established 505 

Dividends,  extra,  savings  banks,  etc.,  may  make,  in  certain  cases    .        .        .169 
Docks  and  terminal  facilities,  to  extend  the  time  of  the  board  appointed  to 

make  an  investigation  of,  etc 626 

Documents,  public: 

report  of  civil  service  commission,  edition  increased        ....  57 

report  of  treasurer  and  receiver  general,  edition  increased      .         .         .  138 
report  of  harbor  and  land  commissioners,  edition  increased    .         .       164,  609 

report  of  metropolitan  sewerage  commissioners,  edition  increased          .  165 

extra  copies  to  be  printed 600 

report  of  the  highway  commission,  extra  copies  to  be  printed        .         .  608 

report  of  board  of  registration  in  medicine,  extra  copies  to  be  printed  .  612 

report  of  board  of  library  commissioners,  extra  copies  to  be  printed      .  627 

Dodge,  Samuel  I.,  in  favor  of 650 

Doe,  Nelson  H.,  the  city  of  Lynn  authorized  to  pay  a  sum  of  money  to  the 

widow  of 260 

Domestic  stock  insurance  companies,  relative  to  directors  of  .         .        .         •  196 

Donahue,  John  J. ,  in  favor  of 623 

Dojchester  Safe  Deposit  and  Trust  Company,  incorporated      .         .        .         .451 

Dorchester  Woman's  Club  House  Association,  incorporated      ....  305 

Douglas,  town  of,  sale  of  certain  meeting  house  and  grounds  in       .         .         .  274 

Druggists  and  apothecaries,  sale  of  intoxicating  liquor  by         ...         .  347 
Dukes  County,  the  town  of  Edgartown  may  borrow  money  to  meet  expense 

of  improvements  of  court  house  in     ......         .  542 

tax  granted  for 610 

Dunbar,  George  F.,  in  favor  of 648 

Dunstable,  town  of,  the  Lowell  and  Suburban  Street  Railway  Company  may 

operate  its  railway  in  ..........  88 

may  unite  with  certain  other  towns  in  the  employment  of  a  superin- 
tendent of  schools 451 

Duxbury,  town  of,  to  be  furnished  with  copies  of  the  decisions  of  the  supreme 

judicial  court 609 


902  Index. 


E. 

PAGE 

East  Bridgewater,  town  of,  the  Brockton  Street  Railway  Company  may  ex- 
tend its  railway  into    ..........  308 

East  Longmeadow,  town  of,  to  confirm  certain  proceedings  of         .         .        .  557 

Eastern  Hampden,  district  court  of,  providing  for  appointment  of  clerlv  for  .  278 
Easton,  town  of,  the  Brockton  Street  Railway  Company  may  extend  its  tracks 

into 308 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its 

railway  in     ...........         .  495 

Edgartown,  town  of,  granting  to  the  Proprietors  of  the  New  Mattakessett 

Creeks  certain  rights  in  Great  Pond  in 79 

the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  rail- 
way in •         .  383 

may  borrow  money  to  meet  the  expense  of  improvements  to  county 

court  house 542 

Edison  Electric  Illuminating  Company  of  Fall  River,  may  dispose  of  its  prop- 
erty to  the  Fall  River  Electric  Light  Company 98 

Education,  of  children  under  the  charge  of  the  board  of  lunacy  and  charity, 

etc.,  relative  to  cost  of 333 

board  of,  relative  to  returns  of  school  committees  to       ...         .  128 
duties  of,  relative  to  the  organization  of  teachers'  institutes  in  small 

towns 137 

to  approve  payment  of  salaries  to  school  teachers  in  small  towns        .  358 
agents  of,  not  to  be  interested  in  publication  or  sale  of  school  books, 

etc 380 

to  publish  an  outline  of  lessons  in  drawing  for  ungraded  schools        .  605 
to  publish  a  new  edition  of  the  course  of  studies  for  elementary 

schools 606 

to  report  a  plan  regulating  school  attendance  and  truancy  .        .        .  640 
secretary  of  state  board  of,  publication  of  certain  petitions  to  the  legis- 
lature to  be  under  direction  of    .         .         .         .         .         .         .         .  332 

Education  Society,  Northern  Baptist,  may  use   donations,  etc.,  for  current 

expenses       .         .         .         .         .         .         .     _   .         .         .         .         .  251 

Educational  corporations,  etc.,  may  hold  additional  estate         ....  61 

Educational  institutions,  etc.,  petitions  for  the  incorporation  of,  to  be  pub- 
lished under  direction  of  secretary  of  board  of  education  ._       .        .  332 

Eldredge  Public  Library,  incorporated 483 

Election  Act  of  1893,  amendments  to 48,  138,  191,  457,  496,  536 

Election  officers,  in  Boston,  qualification  and  removal  of  .'        ....  339 

Elections,  relative  to  the  registration  of  voters  for  certain         ....  48 

law  relative  to,  amended 457 

the  McTammany  voting  machine  may  be  used  at 496 

to  provide  for  marking  ballots  at,  by  the  use  of  a  stamp         .         .         .  536 

codification  of  statutes  relating  to 632 


Index.  903 

PAGE 

Elections,  biennial,  proposed  amendment  to  the  constitution  establishing,  to 

be  submitted  to  the  people 627 

in  Boston,  registration  of  voters  in,  and  recount  of  ballots  cast  at         .  294 

Electric  light  companies,  gas  and,  issue  of  stock  and  bonds  by         .         .         .  472 

Electric  Light  Company,  the  Fall  River,  may  increase  capital  stock,  etc.          .  98 
the  United,  in   Springfield,  may  do   business  in   adjoining  cities   and 

towns S36 

Electric  Machine  and  Power  Company,  the  Woonsocket,  law  granting  certain 

rights  to,  repealed 336 

Electric  Railway  Company,  the  Enfield  and  Longmeadow,  may  extend  its  rail- 
way into  the  city  of  Springfield 473 

Electricity,  gas  or,  report  to  be  made  of  accidents  from  use  of         .        .         .  278 
EUerton  Mills,  name  changed  to  the  Chicopee  Manufacturing  Company  .         .481 

Ellis,  Jacob  M.,  in  favor  of 649 

Employees,  in  West  Boylston,  compensation  of,  for  loss  of  employment  on 

account  of  the  construction  of  the  metropolitan  water  system         .  444 

Employment,  of  laborers  in  cities,  relative  to 443 

of  mechanics  and  laborers  on  public  works 492 

of  veterans  in  the  public  service 534 

Endowment  policies,  relative  to  the  surrender  value  of 469 

Enfield  and  Longmeadow  Electric  Railway  Company,  may  extend  its  railway 

into  the  city  of  Springfield 473 

Engineers,  etc.,  of  stationary  engines,  relative  to  the  licensing  of    .         .         .  583 

Entertainments,  shows  and,  immoral,  to  prevent 279 

Essex,  town  of,  proceedings  of  certain  town  oflicers  legalized         .         .         .  287 

Essex  bridge,  between  Salem  and  Beverly,  draw  in,  may  be  relocated,  etc.       .  61 

Essex  county,  commissioners  of,  may  reconstruct  draw  in  Essex  bridge  .         .  61 

clerical  assistance  for  treasurer  of    .,.,...        .  100 

treasurer  of,  to  be  reimbursed  for  travelling  expenses     ....  127 

sittings  of  the  superior  court  in         .         .         .         .         .         .         .         .361 

tax  granted  for 613 

Essex  County  Street  Railway  Company,  time  for  construction  of  its  railway, 

extended 385 

Estimates  for  county  taxes,  changing  the  date  on  which  they  may  be  sent  to 

the  controller  of  county  accounts 89 

Everett,  city  of,  charter  amended 301 

exempt  from  tax  rate  of  cities  until  1902 174 

to  legalize  certain  bonds  of 556 

Evidence,  in  actions  against  the  estates  of  deceased  persons,  relative  to  ,         .  440 

Examiner,  in  the  insurance  department,  appointment  of 278 

Exceptions,  in  the  supreme  judicial  and  superior  courts,  filing  of     .         .         .  445 

Executions,  on  real  estate,  levy  of 452 

Executive  department 717 

Expenditures,  by  counties,  relative  to         .         . 290 

Eye  and  Ear  Infirmary,  the  Massachusetts  Charitable,  in  favor  of    .        .       607,  641 


904  Index. 

F. 

PAGB 

Factories,  cotton,  regulating  the  placing  of  certain  machinery  in      .        .        .  281 

Fairhaven,  town  of,  may  lay  out  a  way  over  tide  water 501 

Fall  River,  city  of,  may  borrow  money  for  a  public  library  building          .         .  92 
may  lay  out  a  street  through  the  Francis  burial  ground  .         .         .         .155 

may  borrow  money  for  sewer  purposes 476 

furnishing  and  care  of  armory  at 604 

Fall  River  Collateral  Loan  Association,  incorporated 117 

Fall  River  Electric  Light  Company,  may  purchase  franchise,  etc.,  of  the  Edison 

Electric  Illuminating  Company  of  Fall  River 98 

Fall  River  Iron  "Works  Company,  may  increase  capital  stocli     ....  376 
Fall  River  and  Providence  Steamboat  Company,  may  dispose  of  its  property, 

etc 165 

Falmouth,  town  of,  highway  and  bridges  to  be  constructed  in  .         .        .        .  97 

may  construct  and  maintain  certain  bridges 108 

may  appropriate  money  to  construct  and  maintain  a  breakwater     .        .  108 
the  Barnstable  County  Street  Railway  Company  may  operate  its  railway 

in 455 

Farm,  state,  at  Bridgewater,  repairs,  etc.,  at 638 

Farms,  abandoned,  collection  and  circulation  of  information  concerning  .         .  607 
Feeble-minded,  Massachusetts  School  for,  erection  of  new  buildings  at  .         .  634 
Fees,  payment  of,  by  corporations,  into  the  office  of  the  secretary  of  the  Com- 
monwealth ............  539 

Female  Asylum,  the  Boston,  may  hold  additional  estate 55 

Fertilizers,  commercial,  to  i-egulate  the  sale  of 240 

Field,  Henry  P.,  justice  of  the  peace,  acts  legalized 602 

Filing,  of  exceptions  in  the  supreme  judicial  and  superior  courts      .         .         .  445 

Fire  department,  in  Boston,  appointments  in 201 

certain  members  of,  may  be  reimbursed  for  loss  of  personal  eflects  at  a 

Are 210 

eligibility  for  appointment  on 377 

Fire  District,  the  Adams,  may  take  land  for  increasing  its  water  supply  .         .  243 

the  Great  Barrington,  may  refund  its  debt,  etc 197 

Number  One  of  Greenfield,  water  supply  for 224 

the  Turners  Falls,  provisions  aflecting 103 

Fire  districts,  temporary  loans  by 223 

Fire  insurance  companies,  mutual,  with  a  guaranty  capital,  law  relating  to, 

amended       ............  87 

relative  to  the  admission  of,  etc 215 

may  insure  spi'inklers,  etc.         .........  97 

Fire  marshal,  investigation  of  fires  by,  etc 254 

Firemen,  cities  and  towns  may  appropriate  money  for  memorial  observances 

in  honor  of 447 

in  the  city  of  Boston,  qualifications  of 377 

Firemen,  etc.,  of  stationary  engines,  relative  to  the  licensing  of       .         .         .  583 


Index. 


905 


Fires,  investigation  of,  and  reports  to  fire  marshal  on        ...         . 

First  Congregational  Church  of  Nantucket,  may  sell  and  convey  its  lands 
First  Congregational  Church  of  Paxton,  certain  proceedings  of,  legalized 
First  Unitarian  Church  in  Pealjody,  may  enlarge  its  membership,  etc. 
First  Universalist  Parish  of  Peabody,  name  established     .... 

Fish  hatchery,  providing  for  the  establishment  of,  in  the  western  part  of  the 
Commonwealth    .......... 

Fisheries,  taking  of  fish  in  Lake  Chaubunagungamaug,  in  town  of  Webster 
restricted 

relative  to  catching  black  bass 

scallop,  relative  to 

Fishing  through  the  ice,  prohibited  in  certain  parts  o.f  Lake  Quinsigamond 

Flats  in  Charles  River,  settlement  of  controversies  concerning 

Food,  inspection  of  articles  of,  in  Boston,  relative  to         .... 

Foreclosure  of  power  of  sale  mortgages,  relative  to 

Foreign  burglary  insurance  companies,  may  transact  business  in  this  state 
Foreign  corporations,  transaction  of  business  of  co-operative  banking  by 

relative  to  the  paying  in  of  capital  stock  of,  etc 

Foreign  insurance  companies,  bonds  given  by  agents  of    . 
Forms  of  pleadings  in  criminal  cases,  preparation  of         ...        . 
Fourth  of  July,  towns  may  appropriate  money  to  celebrate 
Framingham,  town  of,  state  normal  school  at,  improvements  at 

Franklin,  district  court  of,  established 

Franklin  county,  tax  granted  for 

Franklin  Methodist  Episcopal  Chapel   in  Brockton,  name    changed    to    tlie 

Franklin  Methodist  Episcopal  Church 

Fraternal  beneficiary  corporations,  exempt  from  certain  provisions  of  law 
Fraternal  beneficiary  organizations,  law  concerning,  amended  . 

Frederick,  John  E  ,  in  favor  of 

Funeral  and  sick  benefits,  certain  organizations  paying,  exempt  from  certain 
provisions  of  law 


PAGE 

254 

272 

91 

59 

475 

G47 

72 
167 
214 
204 
603 
194 
148 

86 
234 
338 
353 
647 
107 
638 
287 
620 

89 

93 

65 

650 

93 


G. 


Gardner,  town  of,  the  Gardner  Syndicate  Corporation,  incorpQrated  in   .         .  93 

the  Templeton  Street  Railway  Company  may  operate  its  railway  in        .  149 

the  Gardner  Music  Hall  Company,  incorporated  in 502 

Gardner  Home  for  Elderly  People,  the,  incorporated 62 

Gardner  Music  Hall  Company,  incorporated 502 

Gardner  Street  Railway  Company,  the  Templeton  Street  Railway  Company 

may  lease  the  road  of,  etc 150 

Gardner  Syndicate  Corporation,  incorporated 93 

Gas  Company,  the  Massachusetts  Pipe  Line,  incorporated         ....  564 
Gas  and  electric  light  commissioners,  report  to  be  made  to,  of  accidents  from 

use  of  gas  or  electricity 278 

duties  and  jurisdiction  of 378,  472 


906  Index. 

PAGE 

Gas  and  electric  light  companies,  to  keep  uniform  records        .        .        .       290,  477 

issue  of  stock  and  bonds  by 472 

Gas  or  electricity,  report  to  be  made  of  accidents  resulting  from      .        .        .  278 

Gay  Head,  town  of,  to  determine  the  boundary  line  between  Chilmavk  and       .  137 

General  court,  presentation  of  certain  petitions  to 332 

Gibbous,  William,  in  favor  of 645 

Girls,  industrial  school  for,  improvements  at 631 

Glades  Association,  charter  extended 64 

Gloucester,  city  of,  charter  revised 419 

the  Proprietors  of  Oak  Grove  Cemetery  in,  may  hold  additional  estate  .  258 
Gloucester  Street  Railway  Company,  may  lease  the  Gloucester  and  Rockport 

street  railway 55 

Governor,  inaugural  address  of 662 

Grace,  days  of,  on  commercial  paper,  etc.,  to  abolish         ....       167,494 

Grade  crossings,  payment  of  expenses  of  abolition  of 416 

alterations  of,  in  the  towns  of  Dedham  and  Hyde  Park  .        .        .         .201 
of  the  New  England  Railroad  Company  and  Congress  street  in  Boston, 

alteration  may  be  made  in 557 

of  the  Providence  division  of  the  New  York,  New  Haven  and  Hartford 

Railroad,  changing  location  of,  etc 268 

Grand  Lodge  of  Masons,  in  Massachusetts,  may  hold  additional  estate    .         .  74 

Grant,  James  A.,  in  favor  of 602- 

Great  Barrington  Fire  District,  may  refund  its  debt,  etc 197 

Great  Pond,  in  Edgartown,  the  Proprietors  of  the  New  Mattakessett  Creeks 

granted  certain  rights  in 79 

Green,  Andrew  J.,  in  favor  of 650 

Chester  W.,  in  favor  of 650 

Leonard  F.,  in  favor  of 650 

Green  Harbor,  in  the  town  of  Marshfield,  restoration  of 493 

Greenfield,  town  of,  part  of  Deerfield  annexed  to 296 

Fire  District  Number  One  of,  water  supply  for 224 

Greenfield  and  Turner's  Falls    Street  Railway  Company,  may  purchase  the 
property  of  the  Montague  Street  Railway  Company  and  increase 

capital  stock,  etc 69 

Greenhalge,  Frederic  T.,  resolutions  expressing  the  regard  of  the  general  court 

for,  etc 655 

resolutions  on  the  death  of 657 

relative  to  funeral  of 605 

departments,  etc.,  to  be  closed  on  the  day  of  the  funeral  of,  etc.    .         95,  246 

in  favor  of  the  widow  of   .........         .  626 

to  provide  for  publishing  a  report  of  the  exercises  commemorative  of   .  642 

Grover,  John  C,  in  favor  of 649 

Guaranty  capital,  mutual  fire  insurance  companies  with, law  relating  to,  amended  87 

Guardian  ad  litem,  providing  for  the  appointment  of 447 

Gurney  Heater  Manufacturing  Company,  granting  additional  powers  to  .  166 

Gymnasium  Company,  the  Allen,  relative  to       ......         .  580 

Gypsy  m  ith,  to  provide  for  carrying  on  the  work  of  the  suppression  of  .         .  643 

resolutions  relative  to  the  extermination  of      .....         .  657 


Index.  907 


H. 

PAGE 

Hadley,  town  of,  the  Amherst  and  Sunderland  Street  Railway  Company  may 

locate  and  operate  its  railway  in 73 

Hamilton,  town  of,  boundary  line  between  Ipswich  and 502 

Hampden  county,  clerical  assistance  for  the  register  of  probate  and  insolvency 

for 163 

tax  granted  for &17 

Hampshire  county,  tax  granted  for 618 

Hanover  Street  Railway  Company,  extending  the  corporate  existence  of  .         .  38 

may  extend  its  tracks         ..........  337 

Harbor  and  laud  commissioners,  to  regulate  construction  of  certain  bridges 

in  the  town  of  Falmouth     .........  97 

to  define  the  boundary  line  between  Gay  Head  and  Chilmark  .         .         .137 

additional  copies  of  report  of,  to  be  printed 164,  609 

and  the  board  of  health,  to  make  an  examination  of  Green  Harl^or  in 

Marsbfleld,  etc 493 

duties  of,  relative  to  the  construction  of  the  Massachusetts  maritime 

canal 574 

Harrdwick,  town  of,  may  pay  a  certain  sum  of  money  to  administrator  of  estate 

of  John  J.  Wilson 70 

Harlow,  Calvin  Francis,  in  favor  of    ........         .  651 

Harran,  Michael,  in  favor  of        .         .........  609 

Hartford  and  Connecticut  Western  Railway  Company,  time  for  construction 

of  extension  of  its  road  extended 84 

Harvard  College,  the  President  and  Fellows  of,  the  property  of  the  Trustees 
of  the  Peabody  Museum  of  American  Archaeology  and  Ethnology 
may  be  transferred  to .         .         .         .         .         .         .         .         .         .139 

Hassanamisco  tribe  of  Indians,  in  favor  of  Liza  Hemmenway,  a  member  of     .  607 

Haverhill,  city  of,  town  of  Bradford  may  be  annexed  to 299 

relative  to  the  water  supply  of 385 

Haverhill  Aqueduct  Company,  provision  concerning ......  386 

Health,  public,  protection  of,  in  the  valleys  of   the   Concord   and   Sudbury 

rivers   .............  440 

protection  of,  in  the  city  of  Cambridge 143,  355 

protection  of,  in  the  city  of  Lynn 123 

Hemenway,  Mary,  portion  of  estate  of,  exempt  from  taxation  .         .         .         .  107 
Hemmenway,  Liza,  a  member  of  the  Hassanamisco  tribe  of  Indians,  in  favor 

of 607 

Hewitt,  Elmer,  in  favor  of 615 

High  school  building,  town  of  Leominster  may  take  land  for  a  site  for    .         .  356 
Highway  commission,  duties  of,  relative  to  laying  out  and  construction  of 

state  highways     ...........  282 

authorized  to  expend  a  certain  sum  of  money  in  the  construction  of  state 

highways 477 

duties  of,  in  the  construction  of  better  roads  in  certain  towns        .         .  514 


908  Index. 

PAGE 

Highway  commission,  may  change  the  location,  etc.,  of  street  railways  on 

state  highways 570 

providing  for  expenses  of  .........         .  602 

extra  copies  of  report  of,  to  be  printed 608 

Highway,  state,  between  Boston  and  Newburyport,  relative  to          .         .         .  636 

Highways,  injuries  received  on,  resulting  from  snow  or  ice       ....  570 

in  Boston,  laying  out  and  construction  of 152,  176 

in  Somerville,  relative  to   .........         .  144 

state,  relative  to 282 

relative  to  the  construction  of 477 

relative  to  street  railways  located  on 570 

Historian,  naval  and  military,  extending  time  for  completion  of  work  of          .  634 

Historic  spots,  towns  may  appropriate  money  to  pay  for  marking    .         .         .  475 

Holbrook,  Ellis  R.,  in  favor  of 645 

Holden,  town  of,  water  supply  for       .........  130 

Holiday,  Fourth  of  July,  towns  may  appropriate  money  to  celebrate         .         .  107 
the  nineteenth  day  of  April,  when  occurring  on  Sunday  the  following 

day  to  be  observed  as  a 114 

Holidays,  when  last  day  for  registration  occurs  on,  day  precedini^  to  be  the 

last  day  of  registration       .........  48 

holders  of  liquor  licenses  of  the  fourth  and  fifth  class  prohibited  from 

selling  on  certain 258 

Holmes,  Cornelius  B.,  in  favor  of 648 

Freeman,  in  favor  of 648 

Marcus,  in  favor  of    ..........         .  648 

William,  in  favor  of  ..........         .  648 

Holyoke,  city  of,  charter  revised 394 

increased  water  supply  for 373 

Holyoke  Street  Railway  Company,  provision  afi"ecting       .....  512 

Home,  The  Gardner,  for  Elderly  People,  incorporated 62 

Soldiers',  in  favor  of  Trustees  of      .......         .  604 

Homer,  Thomas  J.,  notary  public,  acts  legalized 600 

Hooker,  Major  General  Joseph,  an  equestrian  statue  of,  to  be  erected      .         .  612 

Hooper,  Preston,  in  favor  of 648 

Hospital,  the  North  Adams,  may  establish  a  training  school  for  nurses     .         .  86 
in  Quincy,  the  city  may  raise  money  by  taxation  to  assist  in  the  main- 
tenance of    ...........         .  100 

Hours  of  labor,  resolutions  relative  to  an  amendment  to  the  constitution  of 

the  United  States  to  enable  congress  to  enact  laws  regulating         .  660 

Houses  of  correction,  punishment  of  convicts  for  destruction  of  property  at    .  281 

Howard,  Henry,  in  favor  of 650 

Huntington,  town  of,  proceedings  of  town  meeting  legalized    ....  353 

Huntington,  Arthur  L.,  justice  of  the  peace,  acts  legalized         ....  601 

Hutchinson,  Charles  C,  justice  of  the  peace,  acts  legalized       ....  603 

Hyde  Park,  town  of,  alterations  of  grade  crossings  in 201 

system  of  sewage  disposal  for 234 

Hyde  Park  Trust  Company,  incorporated   .         .         .         .         .         .         .         .451 


Index.  909 
I. 

PAGE 

Ice,  snow  or,  relative  to  injuries  received  on  higliways,  resulting  from    .         .  570 
Illustrations,  in  annual  reports,  not  to  be  inserted  except  with  the  approval  of 

the  secretary  of  the  Commonwealth  and  the  auditor          .         .        .  204 

Imitation  butter,  law  relative  to  sale  of,  amended 309 

Immoral  shows  and  entertainments,  to  prevent 279 

Improvement  Association,  theBourue,  may  hold  real  estate  for  public  purposes  218 

Improvement  Society,  the  Barre  Village,  Incorporated       .         .         .        .         ,  139 

Inaugural  address  of  the  governor 662 

Index,  of  war  records  in  adjutant  general's  office,  completion  of,  etc.       .        .  605 

to  registration  returns,  preparation  of 625 

to  Massachusetts  archives,  preparation  of 685 

Indigent  soldiers  and  sailors,  etc.,  burial  of  wives  and  widows  of     .        .         .  222 

Industrial  school  for  girls,  improvements  at 631 

Industries,  at  the  state  prison  and  reformatories,  relative  to     .        .        .         .  639 

Inferior  courts,  law  relative  to  trials  before,  amended 164 

Inflammable  oils,  keeping  and  sale  of 538 

Injuries  received  on  highways,  resulting  from  snow  or  ice        .        .         .        .  570 
Inland  fisheries  and  game,  commissioners  on,  may  lease  Chilmark  Pond  in  the 

town  of  Chilmark 54 

Inquests,  on  death  by  accidents  on  railroads,  etc.,  evidence  given  at        .         .  253 

Insane,  transfers  of 478 

Insane  asylum,  the  Medfleld,  to  provide  for  furnishing  the  new  buildings  of   .  611 

Insane  hospital,  the  Westborough,  repairs  and  improvements  at       .         .         .  632 

Inspection,  of  articles  of  food,  in  Boston,  relative  to 194 

of  milk,  relative  to 350 

Inspection  department,  boiler,  of  the  district  police,  memljers  of,  to  act  as 

examiners  of  engineers 584 

Institute,  of  Technology,  the  Massachusetts,  relative  to  state  scholarships  in  .  259 

the  Worcester  Polytechnic,  state  scholarships  established  in  .         .         .  358 

Institutes,  teachers',  relative  to 136 

Institution  for  Deaf  Mutes,  the  Clarke,  name  changed  to  The  Clarke  School 

for  the  Deaf 48 

Institutions  for  savings,  additional  investments  by 128 

calling  in  of  books  of  deposit  by 142 

relative  to  bonds  of  treasurers  and  employees  of 293 

may  make  extra  dividends 169 

Insurance,  relative  to  the  surrender  value  of  endowment  policies  of        .        .  469 

Insurance  brokers,  relative  to 443 

Insurance  commissioner,  compensation  of  referees  appointed  by       .        .         .94 
to  prescribe  conditions  upon  which  policies  of  sprinkler  insurance  may 

be  issued 97 

duties  of,  relative  to  the  admission  of  mutual  fire  insurance  companies  215 

may  appoint  an  examiner 278 

may  license  insurance  brokers 443 

duties  of,  in  relation  to  assessment  insm-ance  corporations     .        .        516-520 


910 


Index. 


Insurance  companies,  may  insure  spi'inklers,  etc 

may  invest  in  all  securities  in  which  savings  banks  are  allowed  to  invest 

credit,  may  do  business  in  this  Commonwealtli        .... 

domestic  stock,  relative  to  directors  of 

foreign,  bonds  given  by  agents  of 

foreign  burglary,  may  transact  business  in  this  state 

mutual  fire,  with  a  guaranty  capital,  law  relating  to,  amended 
relative  to  the  admission  of    .......         . 

Insurance  Company,  the  New  England  Burglary,  act  of  incorporation  amended 

Insurance  corporations,  assessment,  relative  to 

Insurance  department,  appointment  of  an  examiner  for    .... 
Intoxicating  liquors,  sureties  on  bonds  of  persons  licensed  to  sell    . 

to  prevent  the  sale  of  adulterated 

to  prohibit  the  selling  of,  on  certain  holidays,  etc 

sale  of,  by  druggists  and  apothecaries,  regulated     .... 

granting  licenses  for  the  sale  of,  in  summer  resorts 
Ipswich,  town  of,  additional  water  loan  for 

boundary  line  between  Hamilton  and 


FASE 

97 
120 
441 
196 
353 
86 
87 
215 
340 
516 
278 
117 
217 
258 
347 
417 
293 
602 


J. 


Jenkins,  Albert,  in  favor  of 650 

Johnson,  Mary  O.,  in  favor  of 608 

Jones,  Ben j.  W.,  in  favor  of 650 

Henry  H.,  in  favor  of         ..........  649 

Judges  of  probate  and  insolvency,  compensation  for  preparing  rules,  etc.       .  142 

travelling  expenses  of 266 

Judicial  department 734 

July,  fourth  day  of,  towns  may  appropriate  money  to  celebrate        .        .        .  107 

Jurors,  certain  officers  of  courts  exempt  from  serving  as 378 

Justice  of  the  peace,  Allen,  Charles  G.,  acts  legalized 631 

Ames,  Moses  H.,  acts  legalized         ........  651 

Field,  Henry  P.,  acts  legalized. 602 

Huntington,  Arthur  L.,  acts  legalized 601 

Hutchinson,  Charles  C,  acts  legalized 603 

Peterson,  Fredrik,  acts  legalized 651 

Tucker,  Lewis  R  ,  acts  legalized 599 

Justices,  associate,  of  the  superior  court,  number  increased     .  .^     •        .        .  542 


K. 

Kelley,  Thomas,  in  favor  of         ....... 

Kenrick,  Sarah  F. ,  city  of  Newton  may  pay  a  sum  of  money  to 


650 

448 


Index. 


911 


L. 


iucreased  expenditure  for 


La  Claire,  John  E.,  in  favor  of    . 

Labor,  manual,  collection  of  small  debts  for 

bureau  of  statistics  of,  authorized  to  make  an 
the  purposes  of  the  census  of  1895 
Laborers,  employment  of,  in  cities,  relative  to  . 

employment  of,  on  public  works 
Lake  Chaubuuagungamaug,  in  town  of  Webster,  relative  to  fishing  in 
Lakeville,  town  of,  the  Middleborough  and  Lakeville  Street  Railway  Company 

may  construct  its  railway  in 
Lamson,  John  H.,  in  favor  of      .... 
Lancaster,  town  of,  the  Clinton  Street  Railway  Company  may  operate  its  rail 

way  in 

Lands,  purchased  for  railroad  purposes,  filing  locations  of 
Larceny,  committed  in  buildings,  etc.,  law  relative  to,  amended 

Lawrence,  Eben  B.,  in  favor  of 

Lawrence,  city  of,  Arlington  Mills  in,  may  increase  capital  stock 

may  use  proceeds  of  a  loan  for  the  extension  of  its  water  works 

sittings  of  the  supeinor  court  in 

may  refund  portion  of  liquor  license  fee   ..... 
Lee,  town  of,  the  Stockbridge  Water  Company  may  supply  water  to 
Legacies,  collateral,  and  successions,  law  relative  to  taxes  on,  amended 
Legislation,  tables  showing  changes  in       .         .         . 
Legislative  counsel  and  agents,  law  relative  to,  amended 

Legislative  department 

Legislature,  presentation  of  certain  petitions  to 

inaugural  address  of  the  governor  to 

special  messages  to    . 
Legitimacy  of  children,  relative  to       .         .        . 
Lemmon,  Bridget,  in  favor  of     ...         . 
Leominster,  town  of,  may  borrow  money  for  water  supply  purposes 

the  Clinton  Street  Railway  Company  may  operate  its  railway  in 

may  take  land  for  school  purposes 

Leominster  and  Clinton  Street  Railway  Company,  name  established 
Levesque,  Elise,  city  of  Lawrence  may  refund  portion  of  liquor  license  fee  to 
Levy  of  executions  on  real  estate,  relative  to      ...        . 
Lexington,  town  of,  may  refund  a  portion  of  its  debt 

may  contract  with  Arlington  for  the  use  of  its  sewer  system 
Liability  of  officers  and  stockholders  of  foreign  corporations   . 
Library,  the  Eldredge  Public,  incorporated         .... 

the  Millicent,  name  established 

public,  of  the  town  of  Peru,  in  aid  of        . 
Library  commissioners,  may  expend  a  certain  sum  of  money  in  aid  o 
lie  library  of  the  town  of  Peru   . 

report  of  board  of,  additional  copies  to  be  printed 


f  the 


pub 


PAGE 

650 
439 

9 
443 

492 
72 

111 
644 

310 
51 
337 
650 
107 
242 
361 
569 
109 
71 
741 

28a 

718 
332 
662 
683 
497 
61& 
145 
310 
35& 
312 
569 
452 
113 
231 
338 
483 
445 
607 

607 
627 


912 


Index. 


License  commissioners,  removal  of 

of  New  Bedford,  relative  to 

Licenses,  to  sell  intoxicating  liquors,  sureties  upon  bonds  of  persons  holding 

fourth  and  fifth  class,  holders  of,  prohibited  from  selling  on  certain 
holidays 

of  the  sixth  class,  regulating  the  issue  of 

in  summer  resorts,  relative  to  granting     . 
Licenses,  to  engineers  and  firemen  of  stationary  engines 
Liens,  on  vessels,  law  relative  to,  amended 
Lieutenant  governor,  relative  to  the  salary  of     . 

Life  insurance,  relative  to  the  surrender  value  of  endowment  policies  of 
Liquor,  intoxicating,  to  prohibit  the  selling  of,  on  certain  holidays,  etc. 

sureties  on  bonds  of  persons  licensed  to  sell     .... 

to  prevent  the  sale  of  adulterated 

sale  of,  by  druggists  and  apothecaries,  regulated 

granting  of  licenses  for  the  sale  of,  in  summer  resorts     . 

Littlefield,  Gushing  W.,  in  favor  of 

Loan  Association,  the  Fall  River  Collateral,  incorporated  . 
Loan  and  trust  companies,  safe  deposit  and,  relative  to  . 
Loans,  by  co-operative  banks,  relative  to 

temporary,  by  fire  districts,  relative  to 

Lobby  act,  so-called,  amendment  to 

Locations,  of  lands  purchased  for  railroad  purposes,  filing  of  . 
Longmeadow,  town  of,  the  Enfield  and  Longmeadow  Electric  Railway 

pany  maj^  extend  its  railway  through         .... 
Lowell,  city  of,  charter  amended 

may  borrow  money  for  erecting  school  buildings     . 
Lowell  and  Surburban  Street  Railway  Company,  corporate  powers  extended 
Lunacy  and  charity,  state  board  of,  relative  to  the  cost  of  educating  children 

in  the  charge  of 

Lunatic  hospital,  Northampton,  improvements  at 

Taunton,  repairs  and  improvements  at     .         . 
Lyman  school  for  boys,  purchase  of  additional  property  for 

Lynde,  Sherman,  in  favor  of 

Lynn,  city  of,  protection  of  public  health  in       .         .        . 

may  pay  a  sum  of  money  to  the  widow  of  Nelson  H.  Doe 

filling  vacancies  in  assistant  assessorships  for  . 

may  borrow  money  for  sewer  purposes 

may  borrow  money  for  purchasing  land  and  erecting  an  engine  house 


Com 


PAGE 

342 
136 
117 

258 
346 
417 
583 
355 
283 
469 
258 
117 
217 
346 
417 
649 
117 
376 
219 
223 
280 
51 


473 

232,  364 

273 


333 
608 
630 
649 
649 
123 
260 
267 
338 
341 


M. 

Macey,  James,  in  favor  of 649 

Maiden,  city  of,  may  borrow  money  for  sewer  purposes 116 

the  Roman  Catholic  Cemetery  Association  may  convey  certain  lands  to  209 

Maiden  Trust  Company,  incorporated 450 

Manual  labor,  collection  of  small  debts  on  account  of 439 


Index.  913 

PAGE 

Manufacturers'  Agricultural  Society,  in    North   Attleborough,  incorporated, 

etc 205,  635 

Manufacturing  corporations  : 

Arlington  Mills,  may  increase  capital  stock 107 

Berkshire  Cotton  Manufacturing  Company,  may  increase  capital  stock  58 

Boston  Belting  Company,  provision  aflecting 554 

Chicopee  Manufacturing  Company,  name  established      ....  481 

EUerton  Mills,  name  changed  to  The  Chicopee  Manufacturing  Company  481 

Fall  River  Iron  Works  Company,  may  increase  capital  stock  .         .         .  376 

Gurney  Heater  Manufacturing  Company,  granting  additional  powers  to  166 

Revere  Rubber  Company,  may  increase  capital  stock       ....  54 

Tremont  and  Suftblk  Mills,  may  increase  capital  stock,  etc.    ...  60 

Manufacturing  corporations,  etc.,  bonds  of  treasurers  of 282 

Marden,  "William  H.,  in  favor  of 650 

Market  limits,  established  in  the  city  of  Boston 309 

Marking  ballots,  may  be  done  by  the  use  of  a  stamp 536 

Marlborough,  city  of,  charter  revised 312 

relative  to  the  sewer  debt  of 192 

the  Marlborough  and  Westborough  Street  Railway  Company  may  oper- 
ate its  railway  in 381 

additional  water  loan  for 476 

Marlborough  and  Westborough  Street  Railway  Company,  incorporated   .        .  380 

Marriage,  relative  to  validity  of,  etc 497 

Marriages,  relative  to  the  solemnization  of 257 

Mai-sh,  George  W.,  in  favor  of 650 

Marshfleld,  town  of,  restoration  of  Green  Harbor  in 493 

Martha's  Vineyard  Street  Raihvay  Company,  incorporated,  etc.         .        .         .  382 
Mashpee,  town  of,  the  Barnstable  County  Street  Railway  Company  may  oper- 
ate its  railway  in 455 

Masonic  Charity  and  Educational  Association,  the  Worcester,  incorporated    .  186 

Masons,  Grand  Lodge  of,  in  Massachusetts,  may  hold  additional  estate  .         .  74 

Massachusetts,  relative  to  the  battleship  of  that  name       .....  635 

and  the  states  of  New  Hampshire  and  Vermont,  payment  of  expenses  in 

establishment  of  boundary  line 644 

Massachusetts  Agricultural  College,  in  favor  of 641 

Massachusetts  archives,  index  for 635 

Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of   .         .         .       607,  641 
Massachusetts  highway  commission,  duties  of,  relative  to  laying  out,  etc.,  of 

state  highways 282 

authorized  to  expend  a  certain  sum  of  money  in  the  construction  of  state 

highways 477 

duties  of,  in  the  construction  of  better  roads  in  certain  towns  .        .514 

may  change  location,  etc.,  of  street  railways  on  state  highways      .         .  570 

providing  for  expenses  of 602 

extra  copies  of  report  of,  to  be  printed 608 

Massachusetts  hospital  for  consumptives  and  tubercular  patients,  trustees  of, 

may  take  land  in  Rutland  for  hospital  purposes          ....  80 


914  Index. 

PAGE 

Massachusetts  Institute  of  Technology,  relative  to  state  scholarships  in         .  259 

Massachusetts  Maritime  Canal  Company,  incorporated      .....  571 

Massachusetts  Pipe  Line  Gas  Company,  incorporated        .....  564 

Massachusetts  School  for  the  Feeble-minded,  erection  of  new  buildings  at      .  C34 

Massachusetts  volunteer  militia,  relative  to  the  naval  brigade  of       .        .        ,  133 

relative  to  service  medals  in      ........        .  288 

relative  to  discharges  from 377 

Master,  wardens,  etc.,  of  the  Grand  Lodge  of  Masons  in  Massachusetts,  may 

hold  additional  estate 74 

Mattakessett  Creeks,  the  New,  Proprietors  of,  granting  additional  rights  to    .  79 

Mayor,  relative  to  vacancies  in  the  office  of 332 

Mc Arthur,  Duncan,  the  city  of  Boston  may  pay  a  sum  of  money  to  widow  of  151 

McGrady,  Edward,  in  favor  of 650 

McTammany  voting  machine,  cities  and  towns  may  use 496 

Mechanics,  etc.,  employment  of,  on  public  works       .        .         .        .        .         .  492 

Medals,  service,  in  the  militia,  relative  to 283 

Medfleld  insane  asylum,  to  provide  for  furnishing  the  new  buildings  of    .         .  611 

Medford,  city  of,  payment  of  sewer  assessments  in,  etc 189 

Melrose,  town  of,  remains  of  the  dead  may  be  removed  from  the  old  burial 

ground  in 60 

may  borrow  money  for  sewerage  purposes 66 

in  favor  of  certain  veterans  of 648 

Memorial,  the  Nevins,  the  remains  of  David  S.  Nevins  and  his  wife  Eliza  may 

be  interred  within  the  limits  of  the  real  estate  of      ...         .  137 
Memorial  Hall,  in  the  state  house  extension,  to  provide  for  the  interior  finish 

of .582 

Merrimac  river,  In-idge  over,  between  Newburyport  and  Salisbury,  to  be  re- 
built        479 

Mesne  process  and  execution,  relative  to  arrest  on 193 

Messages,  special,  to  the  legislature 683 

Metropolitan  district  commission,  additional  copies  of  report  of,  to  be  printed  638 

Metropolitan  park  commission,  to  better  define  the  authority  of       .         .         .  452 

increasing  the  amount  of  money  to  be  placed  at  the  disposal  of      .        454,  471 

fixing  a  limit  of  time  in  which  lands  can  be  taken  by,  etc.       .         .        .  596 

and  state  board  of  health,  to  investigate  and  report  on  the  condition  of 

Charles  river 606 

Metropolitan  parks  and  boulevards,  relative  to 5-96 

Metropolitan  sewerage   commissioners,   to   provide   for  printing   report   of, 

etc 165,  600 

Metropolitan  sewerage  system,  portion  of  the  town  of  Wakefield  included  in 

the  district  of 362 

Metropolitan  water  system,  compensation  for  damages  caused  by  construction 

of 393 

Mexican  war,  resolutions  relative  to  veterans  of 654 

Middleborough,  town  of,  the  Middleborough  and  Lakeville  Street  Railway 

Company  may  construct  its  railway  in        ......  Ill 

Middleborough  and  Lakeville  Street  Railway  Company,  incorporated       .         .  Ill 


Index.  915 

PAGE 

Middlesex  county,  treasurer  of,  to  be  reimbursed  for  travelling  expenses        .  127 
to  provide  for  the  appointment  of  an  additional  assistant  clerk  of  courts 

for 163 

providing  accommodations  for  registry  of  deeds  and  probate  court  in    .  497 

tax  granted  for G16 

Military  and  naval  historian,  time  for  completion  of  woi*k  of,  extended  .         .  634 

Militia,  relative  to  the  naval  brigade  of 133 

relative  to  service  medals  in 283 

relative  to  discharges  from 377 

Milk,  condensed,  sale  of,  regulated 210 

inspection  and  standard  of 350 

Millers  Falls,  village  of,  in  the  town  of  Montague,  water  supply  for        .         .  lOl 

Millers  Falls  Water  Supply  District,  incorporated, 102 

Millicent  Library  Corporation,  name  changed  to  The  Millicent  Library    .        .  445 

Milton,  town  of,  proceedings  at  special  town  meeting  confirmed       ...  45 

Miner  street,  in  Boston,  may  be  laid  out  and  accepted  as  a  public  highway      .  86 
Minnesota,  the  steamer,  used  by  the  naval  militia,  to  be  under  the  control  of 

the  adjutant  general 242 

Minor  children,  placed  in  charge  of  persons,  associations  or  institutions,  rela- 
tive to 241 

Missions,  the  Springfield  Branch  of  the  "Woman's  Board  of,  incorporated         .  188 

Model  schools,  receipt  and  payment  of  money  for  support  of   .        .        .         .  91 

Monroe  doctrine,  resolutions  in  support  of 660 

Montague,  town  of,  water  supply  for  the  village  of  Millers  Falls  in         .        ,  101 
Montague  Street  Hallway  Company,  may  sell  its  franchise  and  property  to  the 

Greenfield  and  Turner's  Falls  Street  Eailway  Company    ...  69 

Morse,  Horace  E.,  in  favor  of -  .  649 

Mortgages,  power  of  sale,  foreclosure  of 148 

Morton,  Andrew  J.,  in  favor  of 648 

Mt.  Tom  Railroad  Company,  incorporated 512 

Municipal  corporations,  appeals  by 289 

Municipal  court  of  Boston,  an  additional  special  justice  to  be  appointed  for    .  174 

Munn,  Thomas  J,  in  favor  of 649 

Music  Hall  Company,  the  Gardner,  incorporated 502 

Mutual  fire  insurance  companies,   with  guaranty   capital,  law  relating  to, 

amended 87 

relative  to  the  admission  of 215 

Names  of  persons,  changed 707 

Nantucket,  the  First  Congregational  Church  of,  may  sell  and  convey  its  lands  272 

Nash,  Charles  L.,  in  favor  of 650 

Nashua  Street  Railway,  the  Lowell  and  Suburban  Street  Railway  Company 

may  lease  the  franchises,  etc. ,  of 88 

Natick,  town  of,  may  refund  a  portion  of  its  debt      ......  40 

may  borrow  money  for  sewerage  purposes       ......  245 


916  Index. 

PAGE 

Naval  brigade,  of  the  militia,  relative  to 133 

Naval  militia,  the  steamer  used  by  the,  to  be  under  control  of  the  adjutant 

general 242 

Neponset  meadows,  relative  to  the  report  of  the  board  of  health  on  the  sani- 
tary condition  of 624 

Nevins  Memorial,  the  remains  of  David  S.  Nevins  and  his  wife  Eliza  may  be 

interred  within  the  limits  of  the  real  estate  of 137 

New  Bedford,  city  of,  relative  to  the  license  commissioners  of         .         .         .  136 

board  of  public  works  of,  may  elect  a  clerk,  etc 192 

appointment  of  assistant  assessors  in        ......         .  211 

New  England  Burglary  Insurance  Company,  act  of  incorporation  amended     .  340 
New  England  Railroad  Company,  provisions  affecting       .        .        .        201,  520-533 

relative  to  terminal  facilities  of,  etc. 557 

New  Hampshire  and  Vermont,  boundary  line  between  Massachusetts  and,  pay- 
ment of  expenses  of  establishing 644 

New  Mattakessett  Creeks,  Proprietors  of,  granting  additional  rights  to  .        .  79 
New  York,  New  Haven  and  Hartford  Eailroad  Company,  provisions  affect- 
ing         201,  520-533,  573 

raising  grade  and  changing  location  of  Providence  division  of        .         .  268 

Newburyport,  city  of,  may  borrow  money  for  sewer  purposes ....  166 

sittings  of  the  superior  court  in 361 

bridge  over  the  Merrimac  river  between  the  town  of  Salisbury  afld,  to 

be  rebuilt 479 

relative  to  the  construction  of  a  state  highway  between  Boston  and       .  636 

Newton,  city  of,  may  borrow  money  for  widening  streets.        .        .         .        /  98 

may  contract  with  town  of  Brookline  for  disposal  of  sewage  .        .        .  579 

may  pay  a  sum  of  money  to  Sarah  F.  Kenrick 448 

Newton  Centre  Savings  Bank,  incorporated ■    .  71 

Newton  Corner  Methodist  Episcopal  Church,  the,  name  changed  to, Newton 

Methodist  Episcopal  Church 210 

Nineteenth  day  of  April,  when  occurring  on  Sunday  the  following  day  to  be  a 

holiday 114 

Nolon,  Peter,  in  favor  of 650 

Nomination  papers,  etc.,  law  relative  to,  amended 457 

Norfolk  county,  tax  granted  for 633 

Normal  school,  at  Framingham,  improvements  at 638 

at  Salem,  relative  to 604 

at  Worcester,  to  provide  for  completing  and  furnishing  the  gymnasium 

at 621 

Normal  school  buildings,  new,  furnishing  and  grading  the  grounds  of     .         .  639 
North  Adams,  city  of,  the  North  Adams  Hospital  in,  may  maintain  a  training 

school  for  nurses 86 

may  borrow  money  for  public  building  purposes 143 

may  bori'ow  money  for  water  supply  purposes 146 

North  Adams  Hospital,  may  establish  a  training  school  for  nurses   ...  86 
North  Attleborough,  town  of,  the  Manufacturers'  Agricultural  Society  in,  in- 
corporated, etc 205,  635 


Index.  917 

PAGE 

Northampton,  city  of,  the  Clarke  Institution  for  Deaf  Mutes  in,  name  changed 

to  The  Clarke  School  for  the  Deaf iS 

Northampton  lunatic  hospital,  improvements  at 608 

Northampton  Street  Railway  Company,  may  act  as  a  common  carrier  of  parcels  394 

Northborough,  town  of,  proceedings  of  town  meeting  legalized        .         .         .  304 

the  Marlboi-ough  and  Westborough  Street  Railway  Company  may  operate 

its  railway  in 381 

Northern  Baptist  Education  Society,  the,  may  use  donations,  etc.,  for  current 

expenses 251 

Norwell,  town  of,  the  Hanover  Street  Railway  Company  may  extend  its  tracks 

into ■ 337 

Notary  public,  Homer,  Thomas  J.,  acts  legalized 600 

Notes,  bonds,  etc.,  issue  of,  by  cities  and  towns 214 


o. 

Oak  Grove  Cemetery,  Proprietors  of,  may  hold  additional  estate      .         .        .  258 

Officers,  of  courts,  certain,  exempt  from  serving  as  jurors        ....  378 
Old  Colony  Railroad  Company,  provisions  afiecting  .         .    96,  520-533,  573,  574,  575 

Oleomargarine,  etc.,  law  relative  to  sale  of,  amended 310 

Orange,  town  of,  in  favor  of 625 

Orders,  of  court,  requiring  recognizances,  may  be  revoked        ....  337 


P. 


683 
515 

475 
45 

288 
272 


Pardons  granted  in  1895,  list  of  . 

Parental  School  of  Boston,  releases  from    .... 

Parish,  The  First  Universalist,  of  Peabody,  name  established 
of  St.  Peter's  Church,  name  established    . 

Park,  public,  the  town  of  Peabody  may  sell  a  portion  of  its 
in  Somerville,  time  for  taking  land  for,  extended 

Park  commission,  the  metropolitan,  to  better  define  the  authority  of  .  .  452 
increasing  the  amount  of  money  to  be  placed  at  the  disposal  of  .  454,  471 
fixing  a  limit  of  time  in  which  lands  can  be  taken  by,  etc.        .         .         .      596 

of  Boston,  may  sell  certain  parcels  of  land 360 

of  Waltham,  may  take  certain  lands  for  a  water  park      ....       156 

Park  loan: 

Arlington 76,  213 

Beverly 216 

Parks,  relative  to  violation  of  regulations  concerning 145 

metropolitan,  and  boulevards,  relative  to 596 

public,  in  the  town  of  Arlington,  relating  to 74,211 

in  the  city  of  Boston,  relative  to  construction  of,  etc.,  in  tide  waters       233 

Boston  may  continue  the  construction  of 446 

in  the  city  of  Cambridge,  relative  to 268 


918 


Index. 


Companj 


may 


railway  iu  the 


Parkways,  boulevards,  etc.,  building  line  and  height  of  buildings  on 

Paxton,  the  First  Congregational  Church  of,  certain  proceedings  of,  legalized 

Payment  of  wages,  weekly,  law  relative  to,  amended         ..... 

by  contractors,  relative  to . 

Peabody,  town  of,  First  Unitarian  Church  in,  may  enlarge  its  membership,  etc. 

may  sell  a  portion  of  its  public  park         ....... 

extending  the  time  for  making  report  on  sewage  disposal  of  . 

The  First  Universalist  Parish  of,  name  established 

Peabody,  Torrey,  Jr.,  in  favor  of 

Peabody  Museum  of  American  Archaeology  and  Ethnology,  Trustees  of,  prop- 
erty of,  may  be  transferred  to  the  President  and  Fellows  of  Harvard 

College 

People's  Trust  Company,  incorporated 

Pepperell,  town  of,  the  Lowell  and  Suburban  Street  Railway 

operate  its  railway  in 

Peru,  town  of,  in  aid  of  the  public  library  of 
Peterson,  Fredrik,  justice  of  the  3)eace,  acts  legalized 
Petitions,  presentation  of  certain,  to  the  general  court 
Pharmacy,  practice  of,  regulated         .... 
Physicians  and  surgeons,  relative  to  the  registration  of     . 
Pipe  Line  Gas  Company,  the  Massachusetts,  incorporated 
Pittsfield,  city  of,  additional  water  supply  for    . 
Pittsfleld  Electric  Street  Railway  Company,  may  operate  its 

town  of  Dalton 

Plainfleld,  town  of,  certain  proceedings  of,  legalized 
Pleadings,  in  criminal  cases,  preparation  of  forms  for 
Plymouth  county,  tax  granted  for        .... 
Police,  district,  two  additional  members  of  the  boiler  inspection  department 
of,  to  be  appointed      ........ 

railroad  and  steamboat,  relative  to  record  of  appointment  of 
Police  court,  of  Springfield,  clerical  assistance  for  the  clerk  of 
Police  force,  reserve,  in  cities,  providing  for  appointment  of    . 

to  be  appointed  for  the  city  of  Salem 

Policies,  endowment,  relative  to  the  surrender  value  of     . 

Pollution  of  sources  of  water  supply,  relative  to        ...        . 

Polytechnic  Institute,  the  Worcester,  state  scholarships  established  in 

Poor,  Henry,  iu  favor  of      ....         . 

Porcheron,  Charles  E.,  in  favor  of      .        .         . 

Porter,  Humington,  in  favor  of  . 

Power  of  sale  mortgages,  foreclosure  of    . 

Practice  schools,  receipt  and  payment  of  money  for 

Pratt,  Daniel  S.,  in  favor  of         ...        . 

Precincts,  voting,  division  of  cities  into 

Princeton,  town  of,  proceedings  of  town  meeting  legalized 

Prison,  the  reformatory,  for  women,  water  supply  for 

sentences  to        .......         . 

removals  from 


support  of 


PAGE 

261 
91 
188 
277 
59 
288 
627 
475 
649 


139 
481 


607 
651 
332 
343 
168 
564 
77,  220 


81 
448 
647 
612 

584 
166 
275 
261 
109 
469 
196 
358 
650 
648 
650 
148 
91 
649 
191 
557 
219 
255 
266 


Index. 


919 


Prison,  the  reformatory,  for  women,  repairs  at 

Prison,  state,  punisiiment  of  convicts  for  destruction  of  property  at 

additional  sliop  room  at 

industries  at 

Prisoners,  removal  of,  from  house  of  correction,  etc 

Probate  bonds,  relative  to  suits  on 

Probate  court,  Middlesex  county,  building  to  be  erected  for  the  use  of,  in  Cam- 
bridge   

Probate  courts,  appointment  of  appraisers  in  proceedings  before 

Probate  and  insolvency,  judges  of,  compensation  for  preparing  rules,  etc. 

judges  and  registers  of,  travelling  expenses  of 

county  of  Hampden,  clerical  assistance  for  register  of    . 

Proprietors  of  the  New  Mattaliessett  Creeks,  granting  additional  rights  to 

Proprietors  of  Oak  Grove  Cemetery,  may  hold  additional  estate 

Prospect  Union  Association,  incorporated 

Protestant  Episcopal  Religious  Society,  in  Cambridge,  proceedings  confirmed 

Providence,  Fall  River  and  Newport  Steamboat  Company,  property,  etc.,  of 
the  Fall  River  and  Providence  Steamboat  Company  may  be  trans- 
ferred to 

Providence  division  of  the  New  York,  New  Haven  and  Hartford  Railroad 
raising  the  grade  and  changing  the  location  of  . 

Public  docujMents  : 

report  of  the  civil  service  commission,  edition  increased 

report  of  treasurer  and  receiver  general,  edition  increased 

report  of  harbor  and  land  commissioners,  edition  increased,  etc.    .        1 

report   of    metropolitan   sewerage   commissioners,   edition    increased 

etc 1 

report  of  the  highway  commission,  extra  copies  to  be  printed 
report  of  board  of  registration  in  medicine,  extra  copies  to  be  printed 
report  of  board  of  library  commissioners,  extra  copies  to  be  printed 

Public  health,  protection  of,  in  the  city  of  Cambridge 

protection  of,  in  the  city  of  Lynn 

protection  of,  in  the  valleys  of  the  Concord  and  Sudbury  rivers 

Public  parks,  Boston  may  continue  the  construction  of     .         .        . 

Public  records,  commissioner  of,  extra  copies  of  the  seventh  report  of, 
printed 

Public  schools,  relative  to  the  cost  of  education  of  certain  children  in 

Public  service,  employment  of  veterans  in 

Public  Statutes,  consolidation  of         .      , 


to  be 


64, 


65, 


43 


PAGE 

640 

281 
G31 
639 
539 
152 

497 
153 
142 
266 
163 

79 
258 
357 

45 


165 

268 

57 
138 
609 

600 
608 
612 
627 
355 
123 
440 
446 

606 
333 
534 
637 


Q- 


Qualification  and  removal  of  election  officers  in  Boston 339 

Qualifications,  of  firemen,  in  the  city  of  Boston 377 

Quincy,  city  of,  may  raise  money  by  taxation  to  assist  in  tlie  maintenance  of 

the  city  hospital  in 100 


920  Index. 

PAGE 

Quincy  Quarry  Company,  time  for  location  of  railroad  of,  extended         .        ,  153 
Quincy  and  Boston  Street  Railway  Company,  may  lease  or  purcliase  the  prop- 
erty of  the  Braintree  Street  Railway  Company 89 

Quinsigamond  Lake,  Ashing  through  the  ice  prohibited  on  a  certain  part  of     .  204 


R. 

Railroad,  of  the  Quincy  Quarrj^  Company,  time  for  location  of,  extended         .  153 

Railroad  commissioners,  duties  of,  relative  to  extension  of  street  railways       .  500 

duties  of,  relative  to  the  construction  of  the  Massachusetts  maritime 

canal 574 

to  investigate  the  subject  of  the  ventilation  of  railroad  cars,  etc.  .         .  643 
to  investigate  and  report  on  the  subject  of  the  carriage  of  bicycles  by 

railroad  corporations  ..........  647 

Railroad  corporatioxs  : 

Boston  and  Albany  Railroad  Company,  provisions  affecting  .  .  520-533 
Boston  and  Providence  Railroad  Corporation,  provisions  affecting  520-533 
Hartford  and  Connecticut  Western,  time  for  construction  of  extension 

of,  extended 84 

Mt.  Tom,  incorporated 512 

New  England,  provisions  affecting 201,  520-533 

relative  to  the  terminal  facilities  of 557 

New  York,  New  Haven  and  Hartford,  provisions  affecting       201,  520-533,  573 

raising  grade  and  changing  location  of  Providence  division  of  .  .  268 
Old  Colony,  provisions  affecting  .  .  .  .96,  520-533,  573,  574,  575 
Southbridge,  Sturbridge  and  Brookfleld,  time  for  construction  of  its 

road  extended 99 

Worcester  and  Shrewsbury,  property  of,  may  be  leased  to  the  Worcester 

Consolidated  Street  Railway  Company 513 

Railroad  purposes,  filing  locations  of  lands  purchased  for         ....  51 

Railroad  and  steamboat  police,  relative  to  the  record  of  appointment  of  .         .  166 
Railroad  and  street  railway  cars,  to  provide  for  an  investigation  of  the  subject 

of  the  ventilation  of    .........         .  643 

Railroads,  in  the  southerly  part  of  Boston,  to  provide  a  union  station  for        .  520 

reports  of  evidence  at  inquests  in  cases  of  death  by  accident  on     .         .  253 

carriage  of  bicycles  by 647 

grade  crossings  of,  payment  of  expenses  of  abolition  of         .        .        .  416 

in  the  towns  of  Dedham  and  Hyde  Park,  alterations  in        .         .         .  201 

Randidge,  George  L.,  the  city  of  Boston  may  accept  legacy  of          .         .        .  157 

Randolph,  town  of,  additional  water  loan  for 306 

the  Central  Cemetery  Association  of,  may  hold  additional  estate   .        .  540- 

Raymond,  Ella,  in  favor  of 601 

Raynham,  town  of,  the  Taunton  and  Brockton  Street  Railway  Company  may 

operate  its  railway  in 495 

Reading,  town  of,  the  Reading  and  Lowell  Street  Railway  Company  may  ex- 
tend its  railway  into    ....         ......  1 13 


Index.  921 

PAGE 

Reading  and  Lowell  Street  Railway  Company,  may  extend  its  railway  into 


.       113 
452 

.  379 
.  337 
.  335 
290,  477 
.  457 
.   294 


certain  towns       ....... 

Real  estate,  levy  of  executions  on 

Real  Estate  Association,  the  Worcester,  incorporated 
Recognizances,  court  may  revoke  order  requiring 
Records,  to  be  kept  of  proceedings  by  county  commissioners 
gas  and  electric  light  companies  to  keep  . 
of  elections,  etc.,  law  relative  to,  amended 
Recount  of  ballots,  in  the  city  of  Boston,  relative  to 

Referees,  appointed  by  the  insurance  commissioner,  compensation  of      .         .  94 

Reformatories,  punishment  of  convicts  for  destruction  of  property  at      .         .  281 

Reformatory,  the  Suffolk  County,  providing  for  the  establishment  of,  etc.       .  561 

Reformatory  prison  for  women,  water  supply  for 219 

sentences  to         ...........         .  255 

removals  from 266 

repairs  at 640 

Register  of  probate  and  insolvency,  county  of  Hampden,  clerical  assistance 

for 163 

Registers  of  deeds,  relative  to 437 

Registers  of  deeds,  assistant,  payment  for  services  of,  subject  to  approval  of 

county  commissioners 120 

Registers  of  probate  and  insolvency,  travelling  expenses  of      ...        .  266 
Registration,  in  medicine,  board   of,  additional  copies  of   report   of,  to  be 

printed 612 

in  pharmacy,  board  of,  providing  for  apppointment  of   .         .         .        .  343 

of  physicians  and  surgeons,  relative  to 168 

Registration  of  voters,  to  better  define  the  days  of 48 

law  relative  to,  amended 457 

in  the  city  of  Boston,  relative  to 294,  585 

Registration  returns,  preparation  of  index  to 625 

Registries   of   deeds,   payment  for  clerical  assistance,   etc.,   in,  subject  to 

approval  of  county  commissioners 120 

Registry  of  deeds,  building  to  be  erected  for,  in  Cambridge      ....  497 

Removal,  etc.,  of  election  officers  in  the  city  of  Boston 339 

of  license  commissioners,  relative  to 342 

Report,  of  the  board  on  docks  and  terminal  facilities,  extending  the  time  for 

making 626 

of  civil  service  commission,  edition  increased 57 

of  harbor  and  laud  commissioners,  additional  copies  to  be  printed       164,  609 
of  the  state   board  of  health,  on  the  sanitary  condition  of  Neponset 

meadows,  to  be  made  in  print 624 

on  sewage  disposal  of  Salem  and  Peabody,  time  for  making,  extended  .  627 

of  the  Massachusetts  highway  commission,  extra  copies  to  be  printed  .  608 

of  library  commissioners,  additional  copies  to  be  printed        .        .         .  627 

of  the  metropolitan  district  commission,  additional  copies  to  be  printed  638 
of  metropolitan  sewerage  commissioners,  to  provide  for  printing,  etc.    165,  600 

of  commissioner  of  public  records,  extra  copies  to  be  printed         .        .  606 


922 


Index. 


Report,  of  the  board  of  registration  iu  medicine,  additional  copies  to  be  printed 

of  treasurer  and  receiver  general,  additional  copies  to  be  printed 

of  accidents  from  the  use  of  gas  or  electricity,  to  be  made  to  the  gas 
and  electric  light  commissioners         ...... 

of  the  exercises  commemorative  of  the  death  of  Governor  Greenhalge 

to  provide  for  publishing 

Reports,  to  commissioners  of  savings  banks,  penalty  for  refusal  to  make,  etc 

of  evidence  at  inquests  in  cases  of  deatli  by  accident  on  railroads,  etc. 

of  the  investigation  of  flres,  relative  to 

of  state  officers  and  boards,  etc.,  not  to  contain  illustrations  except  with 

the  approval  of  the  secretary  of  the  Commonwealth  and  the  auditor 

Representatives,  apportionment  of,  to  counties  .... 

Representatives  in  congress,  changes  in  districts  for  the  election  of 

Reserve  police  force,  in  cities,  providing  for  appointment  of    . 

to  be  appointed  for  the  city  of  Salem 

Resolutions  : 

relative  to  the  navigation  of  the  Connecticut  river  . 

on  the  improvement  of  Boston  harbor 

relative  to  veterans  of  the  Mexican  war 

relative  to  pensioning  soldiers  and  sailors  confined  in  confederate  prisons 

expressing  the  regard  of  the  general  court  for  Governor  Greenhalge,  etc 

on  the  death  of  George  D.  Robinson         .... 

relative  to  the  extermination  of  the  gypsy  moth 

on  the  death  of  Governor  Greenhalge       .... 

relative  to  the  establishment  of  a  national  military  park  at  Vicksburg 

relative  to  discrimination  on  account  of  color  . 

in  support  of  the  Monroe  doctrine 

relative  to  amending  the  constitution  of  the  United  States  so  that  con 
gress  may  enact  laws  regulating  hours  of  labor 

of  sympathy  to  representative  John  A.  Woodbury   . 

of  sympathy  to  representative  Samuel  S.  Bourne     . 
Returns,  from  certain  corporations,  relative  to  . 

of  school  committees,  to  board  of  education,  relative  to 
Revere,  town  of,  may  elect  a  board  of  survey  .... 
Revere  Rubber  Company,  may  increase  its  capital  stock  . 
Revocation,  etc. ,  of  orders  requiring  recognizances  . 
Road  machines,  etc.,  to  be  furnished  to  certain  towns  upon  appllcat: 
Roads,  to  aid  certain  towns  in  the  construction,  etc.,  of  . 
Robinson,  George  D.,  resolutions  on  the  death  of 
Rogers,  John,  the  city  of  Boston  may  grant  a  pension  to  . 
Roman  Catholic  Cemetery  Association,  may  convey  lands  to  the  city  of  Maiden 
Ross,  Willis,  certain  taxes  paid  by,  to  the  town  of  Stoneham,  maybe  refunded 
Rules  and  blanks,  compensation  of  judges  of  probate  and  insolvency  for  pre- 
paring   

Russell,  Sylvester  W.,  in  favor  of 

Rutland,  town  of,  land  may  be  taken  in,  by  the  trustees  of  the  Massachusetts 
hospital  for  consumptives,  etc.   ........ 


PAGE 

612 
138 

278 

642 
274 
253 
254 

204 
511 
537 
261 
109 

652 
653 
654 
655 
655 
656 
657 
657 
658 
659 
660 

660 
661 
661 
304 
128 
369 

54 
337 
514 
514 
656 
218 
209 

46 

142 
645 

80 


Index.  923 

S. 

PAGE 

Safe  deposit,  loan  and  trust  companies,  relative  to 376 

Safe  Deposit  and  Trust  Company,  tlie  Dorcliester,  incorporated       .        .         .451 

Salaries,  of  school  teachers  in  small  towns 358 

Salary  of  the  lieutenant  governor,  relative  to 283 

Sale,  of  adulterated  liquors,  to  prevent 217 

of  commercial  fertilizers,  regulated          .......  24G 

of  condensed  milk,  regulated 210 

of  Inflammable  oils,  etc.,  relative  to 538 

of  imitation  butter,  etc. ,  law  relative  to,  amended 309 

of  intoxicating  liquors,  by  druggists  and  apothecaries,  regulated  .         .  347 

in  summer  resorts,  granting  of  licenses  for  ......  417 

Salem,  city  of,  draw  in  Essex  bridge  between  the  city  of  Beverly  and,  may  be 

relocated,  etc Gl 

providing  a  reserve  police  force  for 109 

sittings  of  the  superior  court  in 361 

normal  school  at,  relative  to      .        .         .        .         ...         .        .         .  604 

extending  the  time  for  malving  report  on  sewage  disposal  of  .         .         .  627 
Salem  Street  Society  of  Worcester,  the  Union  Society  of  said  city  may  unite 

with 276 

Salisbury,  town  of,  bridge  over  the  Merriraac  river  between  the  city  of  New- 

buryport  and,  to  be  rebuilt 479 

Savings  Bank,  the  Newton  Centre,  incorporated 71 

Savings  banks,  additional  investments  of  .......         .  128 

calling  in  of  books  of  deposit  by 142 

may  make  extra  dividends 142 

bonds  of  treasurers  and  employees  of 293 

commissioners  of,  penalty  for  refusal  to  make  reports  to,  etc.         .         .  274 

employees  of,  exempt  from  civil  service  I'ules       .....  501 

Scallops,  regulating  the  taking  of 214 

Scholarships,  in  the  Massachusetts  Institute  of  Technology     ....  259 

in  the  Worcester  Polytechnic  Institute 358 

School,  for  boys,  the  Lyman,  purchase  of  additional  property  for    .         .         .  649 

for  the  Deaf,  The  Clarke,  name  established 48 

normal,  at  Framiugham,  improvements  at 638 

at  Salem,  relative  to 604 

School  attendance  and  truancy,  the  board  of  education  to  report  a  plan  for 

regulating 640 

School  buildings,  normal,  new,  furnishing  and  grading  the  grounds  of    .         .  639 

School  buildings,  high,  town  of  Leominster,  may  take  land  for  a  site  for        .  356 

the  city  of  Lowell  may  borrow  money  to  defray  the  expense  of  erecting  273 

the  city  of  Springfleld  may  take  certain  land  for  the  purpose  of  erecting  252 

School  committee,  of  the  city  of  Boston,  powers  and  duties  of         .         .         .  244 

School  committees,  returns  of,  to  the  board  of  education,  relative  to      .         .  128 

in  towns,  number  of  members  of,  may  be  changed 267 

School  teachers,  in  small  towns,  salaries  of        ......        .  358 


924:  Index. 

PAGE 

Schools,  ungraded,  publication  of  an  outline  of  lessons  in  drawing  for   .        .  605 

practice  and  model,  receipt  and  payment  of  money  for  support  of        .  91 

public,  relative  to  the  cost  of  education  of  certain  children  in        .         .  333 
Second  district  court,  eastern  Worcester,  town  of  Boylston  to  be  included  in 

tlie  judicial  district  of        ........        .  188 

Second  Society  of  Universalists  in  the  Town  of  Boston,  relative  to  the  title 

of,  to  certain  property         .........  64 

Second  Universalist  Society  of  Danvers,  The,  name  changed   to  The  First 

Universalist  Parish  of  Peabody 474 

Secretary  of  the  Commonwealth,  to  supervise  the  state  printing       .         .         .  193 
reports  of  state  officers  and  boards  not  to  contain  illustrations  except 

with  the  approval  of 204 

to  furnish  cities  and  towns  the  McTammany  voting  machine  on  request, 

etc 496 

payment  of  fees  in  the  office  of 539 

to  furnish  the  town  of  Duxbury  with  certain  volumes  of  reports  of  de- 
cisions of  the  supreme  judicial  court 609 

Senate,  to  provide  temporary  accommodations  for 651 

Senatorial  districts,  established 505 

Sentences,  to  reformatory  prison  for  women,  relative  to 255 

Service  medals,  in  the  militia,  relative  to 283 

Sewage  disposal,  Arlington,  may  construct  a  system  of 225 

Hyde  Park,  may  construct  a  sj^stem  of      ......        .  234 

Melrose,  may  borrow  money  to  defray  expense  of  system  of  .         .         .  66 

Newton,  may  contract  with  the  town  of  Brookline  relative  to         ,         .  279 

Wakefield,  may  construct  a  system  of       ......         .  255 

Sewer  assessments,  etc.,  relative  to  the  collection  of         ...        .        176,  195 

in  the  city  of  Boston,  relative  to 292 

in  the  city  of  Medford,  payment  of 189 

Sewer  indebtedness,  of  the  city  of  Marlborough,  relative  to      .        .        .        .192 
Sewerage  Loan  : 

Arlington '    ...  230 

Fall  River 476 

Great  Barrington  Fire  District  . 197 

Hyde  Park 238 

Lynn 338 

Maiden 116 

Melrose 66 

Metropolitan -  363 

Natick 245 

Newburyport 167 

Stoneham    .............  153 

Wakefield 255 

Sewerage  system,  the  metropolitan,   portion  of  the  town  of  Wakefield  in- 
cluded in  the  district  of 362 

Sewers,  city  of  Lynn  may  borrow  money  to  defray  the  expense  of  construct- 
ing          338 


Index.  925 

PAGE 

Sewers,  in  the  cities  of  Somerville  and  Cambridge,  building  of         .         .         .178 

Shade  trees,  preservation  of        .........         .  138 

Sharon,  town  of,  additional  water  loan  for 471 

Shelburne,  town  of,  the  Shelburne  Falls  and  Colrain  Street  Railway  Company 

may  locate  and  operate  its  railway  in 52 

Shelburne  Falls  and  Colrain  Street  Railway  Company,  incorporated         .        .  51 

Shelton,  Albert  F.,  in  favor  of 649 

Ships,  vessels,  etc.,  larceny  committed  in,  law  relative  to,  amended         .         .  337 

Shirley,  town  of,  proceedings  of  town  meeting  confirmed         ....  284 

Shows  and  entertainments,  immoral,  to  prevent 279 

Shrewsbury,  town  of,  fishing  through  the  ice  in    Abbott's    pond    in,   pro- 
hibited            204 

Shurtleff,  William  S.,  in  favor  of  widow  of 600 

Sick  benefits,  funeral  and,  certain  organizations  paying,  exempt  from  certain 

provisions  of  law 93 

Sidewalk  assessments,  collection  of 195 

Simonds,  Hannah  G.,  in  favor  of 649 

Smith,  Elijah,  in  favor  of 644 

Samuel  F.,  a  bust  of,  to  be  placed  in  the  state  house       ....  650 

Snow  or  ice,  relative  to  injuries  received  on  highways  resulting  from      .         .  570 
Societies  : 

Barre  Village  Improvement,  the,  incorporated 139 

Manufacturers'  Agricultural,  the,  in  North  Attleborough,  incorporated, 

etc 205,  635 

Northern  Baptist  Education,  the,  may  use  donations,  etc.,  for  current 

expenses 251 

Salem  Street,  the,  of  Worcester,  the  Union  Society  of  said  city  may  unite 

with 276 

The  Second  Universalist,  of  Danvers,  name  changed  to  The  First  Uni- 

versalist  Parish  of  Peabody 474 

The  Second,  of  Universalists  in  the  town  of  Boston,  relative  to  the  title 

of,  to  certain  property         .........  64 

Trustees  of  the  St.  John's  Methodist  Episcopal  Church  of  Boston,  acts 

legalized 115 

Union,  the,  of  Worcester,  may  unite  with  the  Salem  Street  Society  of 

said  city 276 

Soldiers  and  sailors,  etc.,  burial  of  wives  and  widows  of  .         .        .         .         .  222 
who  were  confined  in  confederate  prisons,  resolutions  relative  to  pen- 
sions for 655 

Soldiers'  Home,  Trustees  of,  in  favor  of 604 

Soldiers'  monuments,  towns  may  appropriate  money  to  meet  expense  of  dedi- 
cation of 242 

Soraerville,  city  of,  relative  to  highways  in         ......        .  144 

and  the  city  of  Cambridge,  building  of  sewers  in 178 

time  for  taking  land  for  park  in,  extended        ......  272 

South  Boston,  providing  for  the  further  improvement  of  the  Commonwealth's 

flats  in 436 


926  Index. 

PAOB 

Southborough,  town  of,  the  Marlborough  and  Westborough  Street  Railway 

Company  may  operate  its  railway  in 381 

Southbridge,  Sturbridge  and  Brookfleld  Railroad  Company,  time  for  construc- 
tion of  its  road  extended 99 

Sparring  exhibitions,  penalty  for  engaging  in 376 

Special  commissioners,  appointment  of  women  as      ...         .                  .  475 
Special  justice,  an  additional,  to  be  appointed  for  the  municipal  court  of  the 

city  of  Boston 174 

Special  messages  to  the  legislature      .........  683 

Sprague,  Samuel,  Jr.,  in  favor  of 649 

Springfield,  city  of,  the  Springfield  City  Market  in,  incorporated      ...  56 

and  the  town  of  West  Springfield  may  unite 169 

may  take  land  for  school  purposes     ........  252 

police  court  of,  clerical  assistance  for  the  elerk  of  .         .        .         .        .  275 

the  United  Electric  Light  Company  in,  may  do  business  in  adjoining 

cities  and  towns 336 

the  Enfield  and  Longmeadow  Electric  Railway  Company  may  extend  its 

railway  into 473 

Springfield  Branch  of  the  Woman's  Board  of  Missions,  incorporated        .         .  188 

Springfield  City  Market  Company,  Incorporated 56 

Sprinklers,  etc.,  fire  insurance  companies  may  insure 97 

St.  John's  Society  of  the  Methodist  Episcopal  Church  of  Boston,  Trustees  of, 

acts  legalized 115 

St.  Peter's  Church,  in  Cambridge,  proceedings  of,  ratified         ....  45 

Stables,  in  cities,  licensing  and  regulating  ........  276 

Stamp,  to  provide  for  the  use  of,  in  marking  ballots  at  elections       .         .         .  536 

Stantial,  Thomas  B.,  in  favor  of 649 

State  board  of  agriculture,  tenure  of  oftice  of  members  of 197 

to  collect  and  circulate  information  concerning  abandoned  farms  .         .  607 
State  board  of  health,  and  the  harbor  and  land  commissioners,  to  make  an  ex- 
amination of  Green  Harbor  in  Marshfield 493 

relative  to  the  report  of,  on  the  sanitary  condition  of  Neponset  meadows  624 
State  board  of  health,  time  extended  for  making  report  on  drainage  system  for 

Salem  and  Peabody 627 

State  boards  and  commissions,  etc.,  the  attorney-general  to  appear  for,  in  all 

suits,  etc 482 

State  departments,  etc. ,  to  be  closed  on  the  day  of  the  funeral,  etc. ,  of  Frederic 

T.  Greenhalge,  late  governor      .......         95,  246 

State  farm  at  Bridgewater,  repairs,  etc.,  at 638 

State  highway,  between  Boston  and  Newburyport,  relative  to  .         .         .         .  636 

State  highways,  relative  to 282 

relative  to  the  construction  of 477 

relative  to  street  railways  located  on        ......        .  570 

State  house,'  the  Bulfinch,  so-called,  preservation  of 554 

State  house  construction  commission,  to  provide  temporary  accommodations 

for  the  senate 651 

State  house  extension,  to  provide  for  interior  finish  of  Memorial  Hall  in          .  582 


Index. 


927 


prop 


State  house  extension,  to  provide  for  furnishing  the  Bryant  addition  of  . 
State  military  and  naval  historian,  time  for  completion  of  work  of,  extended 

State  printing,  relative  to  the  supervision  of 

State  prison,  punishment  of  convicts  for  destruction  of  property  at 

additional  shop  room  at 

industries  at       .......••        • 

State  tax,  apportioned  and  assessed 

Station  records,  required  to  be  kept  by  gas  and  electric  light  companies 

Stationary  engines,  licensing  of  engineers  and  firemen  of  . 

Statistics  of  labor,  bureau  of,  authorized  to  make  an  increased  expenditure  for 

the  purposes  of  the  census  of  1895 

Statutes,  relating  to  elections,  codification  of 

Public,  consolidation  and  arrangement  of         .... 

tables  showing  changes  in 

Steamboat  Company,  the  Fall  River  and  Providence,  may  dispose  of  its 

erty,  etc •         • 

Steamboat  police,  evidence  of  regularity  of  appointment  of 
Stenographer,  appointment  of,  for  the  superior  court,  county  of  SuflTolk 
Stevens,  Augustus  P.,  in  favor  of       .        .         . 

Nellie  R.,  in  favor  of 

Stilphen,  Elva  P.,  in  favor  of      . 

Florence  A.,  in  favor  of     .... 

Sarah  E.,  in  favor  of 

Stockbridge  Water  Company,  may  furnish  water  to  the  town  of  Lee 
Stocks  and  bonds,  issue  of,  by  gas  and  electric  light  companies 
Stoneham,  town  of,  may  refund  certain  taxes     . 
may  borrow  money  for  sewer  purposes     . 
in  favor  of  certain  veterans  of  . 
Stony  Brook,  in  the  city  of  Boston,  relative  to  . 
Stoughton,  town  of,  certain  proceedings  of,  confirmed 
Street  commissioners,  Boston,  relative  to  powers  of. 
Street  railway  cars,  etc.,  to  provide  for  an  investigation  o 

tilation  of 

Street  railway  companies,  increase  of  capital  stock  of 

extension  of  franchise  of  . 
Street  Railway  Corporations  : 

Amherst  and  Sunderland,  incorporated     . 

Barnstable  County,  incorporated 

Braintree,  the  Quincy  and  Boston  Street  Railway  Company  may  lease  or 

purchase  the  property  of 

Brockton,  may  extend  its  railway  into  certain  other  towns 
Clinton,  may  increase  capital  stock,  extend  its  tracks,  etc. 
Conway  Electric,  may  increase  capital  stock  and  extend  its  tracks 
Cottage  City,  the  Martha's  Vineyard  Street  Railway  Company  may  lease 

or  purchase  the  franchises,  etc.,  of    . 
Enfield  and  Longmeadow  Electric,  may  extend  its  railway  into  the  city 
of  Springfield 


f  the 


subject  of  ven 


PAGE 

595 
634 
193 
281 
631 
639 
543 
290,  477 
583 


9 

632 
637 
741 

165 
166 
449 
650 
600 
649 
649 
649 
109 
472 
46 
153 
650 
552 
482 
148 

643 

359 
500 

73 
455 

89 
308 
310 

83 

382 
473 


928 


Index. 


Street  Railway  Corporations — Concluded. 

Essex,  time  for  construction  of  its  railway  extended 
Gardner,  may  lease  its  road  to  the  Templeton  Street  Railway  Company 
Gloucester,  may  lease  the  Gloucester  and  Rockport  street  railway  . 
Greenfield  and  Turner's  Falls,  may  purchase  the  property  of  the  Mon 

tague  Street  Railway  Company,  etc 

Hanover,  extending  the  corporate  existence  of         .... 

may  extend  its  tracks 

Holyoke,  provision  affecting 

Leominster  and  Clinton,  name  established 

Lowell  and  Suburban,  corporate  powers  extended    .... 

Marlborough  and  Westborough,  incorporated 

Martha's  Vineyard,  incorporated,  etc 

Middleborough  and  Lakeville,  incorporated 

Montague,  may  sell  franchise  and  property  to  the  Greenfield  and  Tur 

ner's  Falls  Street  Railway  Company 

Nashua,  the  Lowell  and  Subxirban  Street  Railway  Company  may  lease 

franchises,  etc.,  of 

Northampton,  may  act  as  a  common  carrier  of  parcels    . 
Pittsfield  Electric,  may  operate  its  railway  in  the  town  of  Dalton 
Quincy  and  Boston,  may  lease  or  purchase  the  property  of  the  Braintree 

Street  Railway  Company    .... 
Reading  and  Lowell,  may  extend  Its  railway,  etc. 
Shelburne  Falls  and  Colraln,  incorporated 
Taunton  and  Brockton,  incorporated 
Templeton,  incorporated    ..... 
West  Roxbury  and  Roslindale,  maj^  extend  its  railway 
Worcester  Consolidated,   may  lease  the  Worcester  and   Shrewsbury 

street  raihvay,  and  the  Worcester  and  Shrewsbury  railroad     . 
Worcester  and  Shrewsbury,  property  of,  may  be  leased  to  the  Worces 
ter  Consolidated  Street  Railway  Company         .... 
Street  railways,  reports  of  evidence  at  Inquests  in  cases  of  death  by  accident 

on 

located  on  state  highways,  relative  to       .        .        . 
Streets,  use  of,  by  certain  corporations       .... 
Sturbridge,  town  of,  public  library  building  to  be  erected  in 
Subways,  coustruction  of,  in  the  city  of  Boston 
Sudbury  and  Concord  rivers,  protection  of  the  public  health  in  the  valleys  of 
Suffolk  county,  superior  court  in,  sitting  for  the  hearing  of  cases  for  other 
counties,  performance  of  clerical  duties  in 
appointment  of  an  official  stenographer  for  the  criminal  session  of  the 

superior  court  in 

prisoners  confined  in  the  house  of  correction  in,  may  be  removed  to  the 

house  of  industry 

Suffolk  County  Reformatory,  providing  for  the  establishment  of,  etc. 

Suits,  on  probate  bonds,  relative  to 

Summer  resorts,  granting  of  licenses  for  the  sale  of  intoxicating  liquor  in 


Index.  929 

PAOB 

Sunderland,  town  of,  the  Amherst  and  Sunderland  Street  Railway  Company 

may  locate  and  operate  its  railway  in 73 

Superior  court,  to  make  rules  relative  to  publishing  trial  lists  and  notifying 

attorneys  of  trials 353 

increasing  the  number  of  associate  justices  of 542 

sittings  of,  in  the  county  of  Essex 361 

sitting  in  Suffolk  county  for  the  hearing  of  cases  for  other  counties,  per- 
formance of  clerical  duties  in 361 

county  of  Suffolk,  criminal  session,  appointment  of  an  official  stenog- 
rapher for 449 

Supervision  of  state  printing,  relative  to 193 

Supreme  judicial  and  superior  courts,  filing  of  exceptions  in     .         .         .         .  445 
Sureties,  on  bonds  of  persons  licensed  to  sell  intoxicating  liquors,  relative 

to 117 

Surrender  value  of  endowment  policies,  relative  to 469 

Survey,  board  of,  town  of  Revere  may  elect  a 369 

Swampscott,  town  of,  park  commissioners  of,  may  erect  certain  structures  for 

boating  purposes,  etc. 60 

Swan,  Robert  T. ,  in  favor  of 610 


T. 

Tables  showing  changes  in  legislation 741 

Tainter,  George  A.,  in  favor  of 649 

Taunton,  city  of,  the  Taunton  and  Brockton  Street  Railway  Company  may 

operate  its  railway  in 495 

Taunton  Great  river,  bridge  over,  to  be  rebuilt  .                 280 

Taunton  lunatic  hospital,  repairs  and  improvements  at 630 

Taunton  and  Brockton  Street  Railway  Company,  incorporated         .        .         .  494 

Tax,  county,  Barnstable 609 

Berkshire 623 

Bristol 614 

Dukes  County 610 

Essex 613 

Franklin 620 

Hampden 617 

Hampshire 618 

Middlesex 616 

Norfolk 633 

Plymouth 612 

Worcester 621 

Tax,  state,  apportioned  and  assessed 543 

Taxation,  portion  of  estate  of  Mary  Hemenway  exempt  from  ....  107 

a  commission  to  be  appointed  to  revise  the  laws  relating  to    .        .        .  646 

Taxes,  on  collateral  successions,  law  relative  to,  amended        ....  71 

Teachers'  institutes,  relative  to 136 


930  Index. 

PAGE 

Technology,  the  Massachusetts  Institute  of,  relative  to  state  scholarships  in  .  259 
Templeton,  town  of,  the  Templeton  Street  Railway  Company  may  operate  its 

railway  iu 149 

part  of,  set  oft'  and  incorporated  as  the  town  of  Baldwiuville  .         .        .  205 

Templeton  Street  Railway  Company,  incorporated 149 

Terminal  Company,  the  Boston,  incorporated 520 

Terminal  facilities,  of  the  New  England  Railroad  Companj-,  relative  to  .         .  557 

Tilton,  David  H.,  in  favor  of 650 

Tisbury,  town  of,  the  Martha's  Vineyard  Street  Railway  Company  may  operate 

its  railway  in 383 

Tolman,  James  N.,  in  favor  of 645 

Toole,  Joseph  F.,  in  favor  of 622 

Topographical  survey  and  map,  commissioners  on,  providing  for  continuing 

the  work  of 605 

Towns  : 

Adams,  may  borrow  money  for  water  supply  purposes   ....  243 

Agawam,  protection  of,  against  encroachments  of  Connecticut  river     .  640 
Amherst,  the  Amherst  and  Sunderland  Street  Railway  Company  may 

locate  and  operate  its  railway  in 73 

Andover,  the  Lowell  and  Suburban  Street  Railway  Company  may  oper- 
ate its  railway  in 88 

Arlington,  may  lay  out,  etc.,  a  system  of  public  parks    ...          74,  211 

system  of  sewage  disposal  for 225 

Ashfield,  the  Conway  Electric  Street  Railway  Company  may  operate  its 

railway  in 83 

Baldwiuville,  incorporated         .........  205 

Barnstable,  may  take  land  for  a  public  landing  place       ....  194 

the  Barnstable  County  Street  Railway  Company  may  operate  its  rail- 
way in 468 

Barre,  may  appropriate  money  for  the  uses  of  the  Barre  Village  Im- 
provement Society 139 

Belchertown,  water  supply  for 486 

Berkley,  bridge  over  Taunton  Great  river,  between  Dighton  and,  to  be 

rebuilt 280 

Billerica,  the  Reading  and  Lowell  Street  Railway  Company  may  extend 

its  railway  into 113 

Blackstone,  the  Chestnut  Street  Meeting-House  and  Cemetery  Associa- 
tion in,  incorporated 352 

Bourne,  highway  and  bridges  to  be  constructed  in 95 

the  Improvement  Association  of,  may  hold  real  estate  for  public  pur- 
poses    218 

Boylston,  included  in  the  judicial  district  of  the  second  district  court 

of  eastern  Worcester 188 

to  be  paid  for  damages  caused  by  the  construction  of  the  metropolitan 

water  system 394 

Bradford,  may  be  annexed  to  the  city  of  Haverhill 299 

Braintree,  additional  water  loan  for           .......  260 


Index.  931 


Towns  —  ConUnued. 

Bridgewater,  the  Brockton  Street  Railway  Company  may  extend  its  rail- 
way into 308 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its 

railway  in 495 

state  farm  at,  repairs,  etc.,  at .        .       638 

in  favor  of  certain  veterans  of G48 

Brookline,  may  contract  with  city  of  Newton  for  disposal  of  sewage    .       279 
Buckland,  the  Shelburne  Falls  and  Colrain  Street  Railway  Company  may 

locate  and  operate  its  railway  in 52 

Carlisle,  may  unite  with  certain  other  towns  in  the  employment  of  a 

superintendent  of  schools 451 

Chatham,  the  Eldredge  Public  Library  in,  incorporated  ....      483 
Chelmsford,  may  unite  with  certain  other  towns  in  the  employment  of 

a  superintendent  of  schools 451 

Chilmark,  commissioners  on  inland  fisheries  and  game  may  lease  Chil- 

mark  Pond  in 54 

to  determine  the  boundary  line  between  Gay  Head  and         .         .         .137 
the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  rail- 
way in 383 

Clinton,  additional  water  loan  for 116 

Colrain,  the  Shelburne  Falls  and  Colrain  Street  Railway  Company  may 

locate  and  operate  its  railway  in 62 

Concord,  election  of  library  committees  in 291 

Cottage  City,  may  appropriate  money  for  certain  public  purposes  .        .       116 
the  Vineyard   Grove    Company  may  erect  a   hotel    building,   etc., 

in 251 

the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  rail- 
way in 383 

Cummington,  proceedings  of  town  meeting  confirmed    ....       305 
Dalton,  the  Pittsfield  Electric  Street  Railway  Company  may  operate  its 

railway  in     ............         81 

Dedham,  alterations  of  grade  crossings  in 201 

the  West  Roxbury  and  Roslindale  Street  Railv^ay  Company  may  oper- 
ate its  railway  in 287 

Deerfield,  the  Conway  Electric  Street  Railway  Company  may  operate 

its  railway  in 83 

part  of,  annexed  to  Greenfield 296 

Dightou,  bridge  over  Taunton  Great  river,  between  Berkley  and,  to  be 

rebuilt 280 

Douglas,  sale  of  certain  meeting  house  and  grounds  in    .        .         .         .      274 
Dunstable,  the  Lowell  and  Suburban  Street  Railway  Company  may 

operate  its  railway  in 88 

may  unite  with  certain  other  towns  in  the  employment  of  a  superin- 
tendent of  schools        451 

Duxbury,  to  be  furnished  with  copies  of  decisions  of  supreme  judicial 

court 609 


932  Index. 

PAGE 

Towns —  Contimied. 

East  Bridgewater,  the  Brockton  Street  Railway  Company  may  extend 

its  railway  into 308 

East  Longmeadow,  to  confirm  certain  proceedings  of      .        .        .        .  557 
Easton,  the  Brockton  Street  Railway  Company  may  extend  its  tracks 

into 308 

the. Taunton   and  Brockton  Street  Railway  Company  may  operate 

its  railway  in 495 

Edgartown,  the  Proprietors  of  the  New  Mattakessett  Creeks  granted 

certain  rights  in  Great  Pond  in 79 

the  Martha's  Vineyard  Street  Railway  Company  may  operate  its  rail- 
way in 383 

may  borrow  money  to  meet  expense  of  improvements  to  county  court 

house 542 

Essex,  proceedings  of  certain  town  officers  legalized       ....  287 

Fairhaven,  may  lay  out  a  way  over  tide  water 501 

Falmouth,  highway  and  bridges  to  be  constructed  in       ....  97 

may  construct  and  maintain  certain  bridges 108 

may  appropriate  money  to  construct  and  maintain  a  breakwater         .  108 
the  Barnstable  County  Street  Railway  Company  may  operate  its  rail- 
way in ............         .  455 

Gardner,  the  Gardner  Syndicate  Corporation  incorporated  in          .         .  93 

the  Templeton  Street  Railway  Company  may  operate  its  railway  in    .  149 

the  Gardner  Music  Hall  in,  incorporated 502 

the  Gardner  Home  for  Elderly  People,  incorporated  in         ...  62 

Gay  Head,  to  determine  the  boundary  line  between  Chilmark  and  .        .  137 

Greenfield,  part  of  Deerfleld  annexed  to 296 

Hadley,  the  Amherst  and  Sunderland    Street  Railway  Company  may 

locate  and  operate  its  railway  in 73 

Hamilton,  boundary  line  between  Ipswich  and 502 

Hardwick,  may  pay  a  certain  sum  of  money  to  administrator  of  estate 

of  John  J.  Wilson        ..........  70 

Holden,  water  supply  for 130 

Huntington,  proceedings  of  town  meeting  legalized        ....  353 

Hyde  Park,  alterations  of  grade  crossings  in 201 

system  of  sewage  disposal  for 234 

the  Hyde  Park  Trust  Company  incorporated  in 452 

Ipswich,  additional  water  loan  for 293 

boundary  line  between  Hamilton  and 502 

Lakeville,  the  Middleborough  and  Lakeville  Street  Railway  Company 

may  construct  its  railway  in        .         .         .         .         .         .         .         .111 

Lancaster,  the  Clinton  Street  Railway  Company  may  operate  its  rail- 
way in 310 

Lee,  the  Stockbridge  Water  Company  may  supply  water  to    .        .         .  109 

Leominster,  may  borrow  money  for  water  supply  purposes     .         .         .145 

the  Clinton  Street  Railway  Company  may  operate  its  railway  in           .  310 

may  take  land  for  school  purposes         .......  356 


Index.  933 

PAGE 

Towns  —  Continued. 

Lexington,  may  refund  a  portion  of  its  debt 113 

may  contract  witli  Arlington  for  the  use  of  its  sewer  system       .         .  231 
Longmeadow,  tlie  Enfield  and  Longmeadow  Electric  Kailway  Company 

may  extend  its  railway  through 473 

Marshfleld,  restoration  of  Green  Harbor  in 493 

Mashpee,  the  Barnstable  County  Street  Railway  Company  may  operate 

its  railway  in 455 

Melrose,  remains  of  the  dead  may  be  removed  from  the   old   burial 

ground  in 60 

may  borrow  money  for  sewerage  purposes 66 

in  favor  of  certain  veterans  of 648 

Middleborough,  the  Middleborough  and  Lakeville  Street  Railway  Com- 
pany may  construct  its  railway  in       ......         .  Ill 

Milton,  proceedings  at  special  town  meeting  confirmed  ....  45 

Montague,  water  supply  for  the  village  of  Millers  Falls  in      .        .         .  101 
Nantucket,  the  First  Congregational  Church  in,  may  sell  and  convey  its 

lands 272 

Natick,  may  refund  a  portion  of  its  debt 40 

may  borrow  money  for  sewerage  purposes 245 

North  Attleborough,  the  Manufacturers'  Agricultural  Society  in,  incor- 
porated, etc. 205,  635 

Northborough,  proceedings  of  town  meeting  legalized    ....  304 
the  Marlborough  and  Westborough   Street  Railway  Company  may 

operate  its  railway  in 381 

Norwell,  the  Hanover  Street  Railway  Company  may  extend  its  tracks 

into 337 

Orange,  in  favor  of 625 

Paxton,  proceedings  of  the  First  Congregational  Church  of,  legalized  .  91 

Peabody,  First  Unitarian  Church  in,  may  enlarge  its  membership,  etc.  .  59 

may  sell  a  portion  of  its  public  park 288 

extending  the  time  for  making  report  on  sewage  disposal  of       .        .  627 
The  First  Universalist  Parish  of,  name  established       ....  474 
Pepperell,  the  Lowell  and  Suburban  Street  Railway  Company  may  oper- 
ate its  railway  in 88 

Peru,  in  aid  of  the  public  library  of 607 

Plainfleld,  certain  proceedings  of,  legalized 448 

Princeton,  proceedings  of  town  meeting  legalized    .....  557 

Randolph,  may  make  an  additional  water  loan 306 

the  Central  Cemetery  Association  of,  maj'  hold  additional  estate          .  540 
Raynham,  the  Taunton  and  Brockton   Street  Railway  Company  may 

operate  its  railway  in 495 

Reading,  the  Reading  and  Lowell  Street  Railway  Company  may  extend 

its  railway  into 113 

Revere,  may  elect  a  board  of  survey 369 

Rutland,  land  may  be  taken  in,  by  the  trustees  of  the  Massachusetts 

hospital  for  consumptives,  etc.    ........  80 


934  Index. 

PAGB 

Towns  —  Continued. 

Salisbury,  bridge  over  the  Merrimac  river  between  the  city  of  Newbary- 

port  and,  to  be  rebuilt 479 

Sharon,  additional  water  loan  for 471 

Shelburne,  the  Shelburne  Falls  and  Colrain  Street  Railway  Company 

may  locate  and  operate  its  railway  in 52 

Shirley,  proceedings  of  town  meeting  confirmed, 284 

Shrewsbury,  fishing  through  the  ice  in  Abbott's  pond  in,  prohibited       .  204 
Southborough,  the  Marlborough  and  Westborough  Street  Railway  Com- 
pany may  operate  its  railway  in 381 

Stoneham,  may  refund  certain  taxes 46 

may  borrow  money  for  sewer  purposes I53 

in  favor  of  certain  veterans  of        • GoO 

Stoughton,  certain  proceedings  of,  confirmed 482 

Sturbridge,  public  library  building  to  be  erected  in 164 

Sunderland,  the  Amherst  and  Sunderland  Street  Railway  Company  may 

locate  and  operate  its  railway  in 73 

Swampscott,  park  commissioners  of,  may  erect  certain  structures  for 

boating  purposes,  etc. 60 

Templeton,  the  Templeton   Street  Railway  Company  may  operate  its 

railway  in 149 

part  of,  set  ofl"  and  incorporated  as  the  town  of  Baldwinville       .        .  205 
Tisbury,  the  Martha's  Vineyard  Street  Railway  Company  may  operate 

its  railway  in 383 

Wakefield,  system  of  sewage  disposal  for 255 

portion  of,  included  in  the  metropolitan  sewerage  district    .         .        .  362 

Walpole,  water  loan  for 78 

proceedings  of  town  meeting  legalized 304 

Wayland,  may  refund  a  portion  of  its  water  fund  bonds          .         .        .  127 

Webster,  fishing  in  certain  waters  in,  restricted 72 

West  Boylston,  to  be  paid  for  damages  caused  by  the  construction  of 

the  metropolitan  water  system 394 

compensation  of  employees  in,  for  loss  of  employment  on  account  of 

construction  of  the  metropolitan  water  system 444 

West  Bridgewater,  the  Brockton  Street  Railway  Company  may  extend 

its  railway  into 308 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its 

railway  in 495 

West  Springfield,  and  the  city  of  Springfield  may  unite    .         .         .         .169 
West  Tisbury,  the  Martha's  Vineyard   Street  Railway  Company  may 

operate  its  railway  in 383 

Westborough,  the  Marlborough  and  Westborough  Street  Railway  Com- 
pany may  operate  its  railway  in 381 

Westfield,  in  favor  of 609 

Weston,  water  supply  for 157 

Whitman,  extending  provisions  of  act  providing  an  additional  water 

supply  for 275 


Index.  935 


Towns  —  Concluded. 

Wilmington,  the  Reading  and  Lowell  Street  Railway  Company  may  ex- 
tend its  railway  into 113 

Towns,  bequests  to,  not  subject  to  taxation  under  law  relative  to  taxes  on 

collateral  legacies,  etc ".         .  71 

may  appropriate  money  for  celebration  of  the  Fourth  of  July          .         .  107 

may  elect  tree  wardens 138 

may  appropriate  money  to  meet  expense  of  dedicating  soldiers'  monuments  242 

school  committees  in,  number  of  members  may  be  changed    .         .         .  267 

may  appropriate  money  to  pay  for  marking  spots  of  historic  interest     .  475 

for  aiding  certain,  in  the  construction,  etc.,  of  better  roads    .         .         .  514 

granting  of  licenses  for  the  sale  of  intoxicating  liquor  in  certain    .         .  417 

small,  salaries  of  school  teachers  in 358 

law  relative  to  issue  of  notes,  bonds,  etc.,  by,  amended  ....  214 

may  appropriate  money  for  memorial  observances  in  honor  of  firemen   .  447 

may  use  the  McTammany  voting  machine 496 

employment  of  veterans  in  the  public  service  of 534 

Tramps,  relative  to       ...........         .  335 

Transfers,  of  the  insane       ...........  478 

Traversing  machinery,  placing  of,  in  cotton  factories       .         .        .        .         .281 

Treasurer  and  receiver  general,  to  receive  from  cities  and  towns  money  appro- 
priated for  support  of  practice  and  model  schools     ....  91 

additional  copies  of  report  of,  to  be  printed     .         .        .         .         .        .138 

clerical  assistance  in  the  office  of 274 

office  hours  in  department  of 539 

authorized  to  borrow  money  in  anticipation  of  revenue  ....  599 

may  expend  a  certain  sum  of  money  in  repairing  weights,  measures,  etc.  626 

Treasurers,  of  manufacturing,  etc.,  corporations,  bonds  of        ....  282 

of  savings  banks,  etc.,  relative  to  bonds  of 293 

of  various  counties,  to  be  reimbursed  for  travelling  expenses         .        .  127 

Tree  wardens,  election  of,  in  towns *         .        .  138 

Trees,  shade,  preservation  of       .        . 138 

Tremont  and  Suffolk  Mills,  may  increase  capital  stock,  etc 60 

Trial  lists,  of  cases  in  the  superior  court,  relative  to 353 

Trials  before  inferior  courts,  law  relative  to,  amended 164 

Truancy,  school  attendance  and,  the  board  of  education  to  report  a  plan  for 

regulating 640 

Truant  school,  the  county  of  Berkshire  exempt  from  establishing    .         .         .  292 

Trust  companies,  safe  deposit,  loan  and,  relative  to  .         .         .         .         .         .  376 

Trust  Company,  Hyde  Park,  incorporated 451 

Maiden,  incorporated 450 

People's,  incorporated        .         .         . 481 

Trustees,  of   the  Massachusetts   hospital  for  consumptives    and   tubercular 

patients,  board  of,  may  take  land  in  Rutland  for  hospital  purposes  80 
of  the  Peabody  Museum  of  American  Archfeology  and  Ethnology,  prop- 
erty of,  may  be  transferred  to  the  President  and  Fellows  of  Harvard 

College 139 


936  Index. 

PAGE 

Trustees,  of  the  Soldiers' Home,  in  favor  of 604 

of  the  St.  John's  Society  of  the  Methodist  Episcopal  Church  of  Boston, 

acts  legalized       ...........  115 

of  Tufts  College,  may  hold  real  estate  in  Boston 100 

of  Worcester    Academy   in  Worcester,  name    changed   to  Worcester 

Academy 99 

Tuberculin,  to  restrict  the  use  of ••        .        .         .  219 

Tucker,  Lewis  R.,  justice  of  the  peace,  acts  legalized 599 

Tufts  College,  may  hold  real  estate  in  the  city  of  Boston 100 

Turners  Falls  Fire  District,  provisions  aflFecting 103 

u. 

Union  Society,  of  Worcester,  may  unite  with  the  Salem  Street  Society  of  said 

city 276 

Union  station,  for  railroads,  in  the  southerly  part  of  Boston,  to  provide  for  .  520 

Unitarian  Church,  First,  in  Peabody,  may  enlarge  its  membership,  etc.  .  .  59 
United  Electric  Light  Company,  in  Springfield,  may  do  business  in  adjoining 

cities  and  towns,  etc 336 

Universalist  Society  of  Dauvers,  The  Second,  name  changed  to  the  First  Uni- 

versalist  Parish  of  Peabody 474 

Universalists,  the  Second  Society  of,  in  the  Town  of  Boston,  relative  to  the 

title  of,  in  certain  property 64 

y. 

Vacancies,  in  the  ofiice  of  mayor,  relative  to 332 

Ventilation  of  railroad  and  street  railway  cars,  to  provide  for  an  investigation  of  643 
Vermont  and  New  Hampshire,  boundary  line  between  Massachusetts  and,  pay- 
ment of  expenses  of  establishing 644 

Vessels,  liens  on,  law  relative  to,  amended 355 

relative  to  larceny  committed  on 337 

Veterans,  may  be  given  preference  in  employment  in  cities       ....  444 

employment  of,  in  the  public  service 534 

of  the  town  of  Bridgewater,  in  favor  of 648 

of  the  town  of  Melrose,  in  favor  of 648 

of  the  town  of  Stoneham,  in  favor  of 650 

Vicksburg,  resolutions  relative  to  the  establishment  of  a  national  military 

park  at 658 

Vineyard  Grove  Company,  certain  proceedings  of,  confirmed,  etc.    .        .        .  251 

Volunteer  militia,  relative  to  the  naval  brigade  of 133 

relative  to  service  medals  in 283 

discharges  from 377 

Voters,  registration  of,  to  better  define  the  days  of 48 

law  relative  to,  amended 457 

in  the  city  of  Boston 294,  585 


Index.  937 

PAGE 

Votes  or  decisions,  of  county  commissioners,  record  of,  to  be  kept  .        .         .  335 

Voting  lists,  etc.,  law  relative  to,  amended 457 

preparation  of,  in  the  city  of  Boston 542 

Voting  machine,  the  McTammany,  cities  and  towns  may  use    ....  496 

Voting  precincts,  division  of  cities  into 191 

w. 

Wages,  weekly  payment  of,  law  relating  to,  amended 188 

by  contractors,  relative  to  ... 277 

Wakefield,  town  of,  system  of  sewage  disposal  for 255 

portion  of,  included  in  metropolitan  sewerage  district     .        .        .  •     .  362 

Walpole,  town  of,  water  loan  for 78 

proceedings  of  town  meeting  legalized 304 

Waltham,  city  of,  may  take  land  for  a  water  park 156 

erection  of  new  buildings  for  the  Massachusetts  School  for  Feeble- 
minded at 634 

Walton,  Nathan  M.,  in  favor  of 650 

War  records,  in  adjutant  general's  olHce,  completion  of  index  to,  etc.       .         .  605 

Ward,  William  O.,  in  favor  of 650 

Ward  committees,  caucuses  and,  relative  to        . 72 

Washburn,  Jason  D.,  in  favor  of         . 650 

Water  Company  : 

Belchertown  incorporated 486 

Stockbridge,  may  supply  water  to  the  town  of  Lee 109 

Weston,  incorporated 157 

Water  Loan  : 

Adams  Fire  District 243 

Belchertown 490 

Braintree 260 

Chicopee 58 

Clinton 116 

Holden 131 

Holyoke 374 

Ipswich 293 

Leominster          ....         ........  145 

Lexington 113 

Marlborough 476 

Millers  Falls  Water  Supply  District 104 

North  Adams 146 

Pittsfleld 77,  220 

Randolph 306 

Sharon , 471 

Walpole 78 

Wayland , 127 

Weston .         .  161 

Worcester 147 


938  Index. 


PAGE 

Water  park,  the  city  of  Waltham  may  take  certaia  lands  for  a  .        .         .156 

Water  Supply  : 

Adams  Fire  District 243 

Greenfield,  Fire  District  Number  One  of 224 

Haverhill 385 

Holden 130 

Holyoke      .         ............  373 

Lawrence 242 

Leominster 145 

Millers  Falls,  village  of,  in  the  town  of  Montague 101 

North  Adams 146 

Pittsflekl 77,  221 

reformatory  prison  for  women,  the  .         .        .        .        .        .        .        .  219 

Whitman 275 

Water  supply,  relative  to  pollution  of  sources  of 196 

Water  Supply  District,  the  Millers  Falls,  incorporated 101 

Wayland,  town  of,  may  refund  portion  of  its  water  fund  bonds      .        .         .  127 

Webster,  town  of,  fishing  in  certain  waters  in,  restricted 72 

Weekly  payment  of  wages,  law  relating  to,  amended 188 

by  contractors,  relative  to 277 

Weights,  measures  and  balances,  relative  to 626 

Welch,  Harry  W.,  in  favor  of 625 

West  Boylston,  town  of,  to  be  paid  for  damages  caused  by  the  construction  of 

the  metropolitan  water  system 394 

compensation  to  employees  in,  for  loss  of  employment  on  account  of 

construction  of  the  metropolitan  water  system         ....  444 

West  Bridgewater,  town  of,  the  Brockton  Street  Railway  Company  may  ex- 
tend its  railway  into    ..........  308 

the  Taunton  and  Brockton  Street  Railway  Company  may  operate  its 

railway  in    ...........         .  495 

West  Roxbury  and  Roslindale  Street  Railway  Company  may  extend  its  railway  287 

West  Springfield,  town  of,  and  the  city  of  Springfield  may  unite     .        .        .  169 
West  Tisbury,  town  of,  the  Martha's  Vineyard  Street  Railway  Company  may 

operate  its  railway  in 383 

Westborough,  town  of,  the  Marlborough  and  Westborough  Street  Railway 

Company  may  operate  its  railway  in 381 

Westborough  insane  hospital,  repairs  and  improvements  at      ...        .  632 

Western  Islanders,  relative  to  immigration  of,  into  Barnstable  county    .         .  619 

Westfield,  town  of,  in  favor  of 609 

Weston,  town  of,  water  supply  for     .........  157 

Weston  Water  Company,  incorporated        ........  157 

Whitman,  town  of,  extending  provisions  of  act  providing  additional  water 

supply  for 3175 

Whitney,  Edward  H.,  in  favor  of 649 

Wilber,  Charles  H.,  in  favor  of 648 

Wilmington,  town  of,  the  Reading  and  Lowell  Street  Railway  Company  may 

extend  its  railway  into        .         .        .         .        .        .        .        .         .113 


Index.  939 

PAGK 

Wilson,  John  J.,  town  of  Hardwick  may  pay  a  certain  sura  of  money  to  the 

administrator  of  estate  of 70 

Woman's  Board  of  Missions,  the  Springfield  Branch  of,  incorporated      .         .  188 

Women,  appointment  of,  as  special  commissioners 475 

may  be  appointed  assistant  clerks  of  court,  pro  tempore,  in  certain  cases  335 

reformatory  prison  for,  water  supply  for 219 

sentences  to 255 

removals  from         ...........  266 

repairs  at 640 

Woodbury,  John  A.,  resolution  concerning 661 

Woonsocket  Electric  Power  and   Machine   Company,  law   granting   certain 

rights  to,  repealed 336 

Worcester,  city  of,  additional  water  loan  for     .......  147 

fishing  through  the  ice  in  Abbott's  pond  in,  prohibited    ....  204 

the  Union  Society  and  the  Salem  Street  Society  of  said  city  may  unite  .  276 

sewer  assessment  on  property  of  the  Commonwealth  in  .        .         .         .  635 

Worcester  Academy,  in  Worcester,  Trustees  of,  name  changed        ...  99 

Worcester  county,  treasurer  of,  to  be  reimbursed  for  travelling  expenses        .  127 

additional  accommodations  for  the  courts  of  .         .         .         .        .         .  284 

may  appropriate  money  to  defray  portion  of  cost  of  a  statue  to  Charles 

Devens 503 

tax  granted  for  ............  621 

Wopcester  Collateral  Loan  Association,  incorporated 248 

Worcester  Consolidated  Street  Railway  Company,  may  lease  the  property, 
etc.,   of  the   Worcester  and   Shrewsbury  street  railway  and   the 

Worcester  and  Shrewsbury  railroad 513 

Worcester  Masonic  Charity  and  Educational  Association,  incorporated   .         .  186 
Worcester  normal  school,  to  provide  for  completing  and  furnishing  the  gym- 
nasium at 621 

Worcester  Polytechnic  Institute,  state  scholarships  established  in    .        .         .  358 

Worcester  Real  Estate  Association,  incorporated 379 

Worcester  and  Shrewsbury  Railroad  Company,  property,  etc.,  of,  may  be 

leased  to  the  Worcester  Consolidated  Street  Railway  Company       .  513 
Worcester  and  Shrewsbury  Street  Railway  Company,  property,  etc.,  of,  may 

be  leased  to  the  Worcester  Consolidated  Street  Railway  Company  .  513 

Wyman,  William,  in  favor  of       .         . 649 

Y. 

Young,  George  W.,  in  favor  of    ..........  650