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

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